TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 4/22/2015, 7:30 PM
ZBA MEMBERS PRESENT: James Levesque Louise Ortman Helen Emick
Greg Michalak Dan Thomas
Brad Lawson, Zoning CEO
Dave Stapleton, Attorney
Others Present: Richard & Joyce Query Marya Johnson Paul Stenger
Diane Hendrix Matt Luvinson Brian Stahlsmith
Mr. Levesque opened the hearing at 7:30 PM. Mr. Stapleton swore in all who expressed intent to speak regarding the applications.
- Paul Stenger requesting an Area Variance to construct a garage on a substandard size lot (approx. 24,400 sq. ft.) which does not comply with the 40,000 sq. ft. required in the R-1 District. Property is owned by Roger Luvinson and located on Cheney Point Road, specifically Sec. 350.13-1-29 & 30.
Mr. Levesque asked Mr. Stenger what he wished to do. Mr. Stenger said he has an agreement with Mr. Luvison to purchase the property based on the granting of the requested variance. He said the property dimension is approximately 100’ wide x 240’ long (24,000 sq. ft. or ½ acre). He said the garage structure will be set back behind the tree line approximately 100’ from the road and will be built to fit into a residential neighborhood. Mr. Stenger said he has a home on the lake but needs the garage for storage of boats, etc. Mr. Lawson said the reason Mr. Stenger is before the board is because the lot is sub-standard for building (40,000 sq. ft. is required), and the proposed garage would be treated as the primary structure. Mrs. Ortman noted that there are 2 lots involved and Mrs. Emick asked if the lots would be joined in one deed. Mr. Stenger said yes. Mr. Thomas asked if there was any intent to create habitable space in the structure. Mr. Stenger said no. Mr. Stenger said he had notified neighbors by letter of his plans (Rahauser, Ward, and Bellian) and Mr. Rahauser had asked questions, but there had been no objection to the project. Mr. Stenger said he plans to have electric and at some future time he may install a well, but there is no intent to locate a bathroom there. Mrs. Emick asked where the runoff will go. Ms. Hendrix said it will go into 2 dry wells. Mr. Stenger said there is a tree line about 110’ from the front of the property and he is trying to get behind that to build the garage so there is minimal view from the road. He said he will remove some of the trees but keep the healthy ones and indicated he is willing to plant additional trees to mitigate the view. Ms. Hendrix said the Planning Board had approved the drainage plan at the 4/14/15 meeting and had asked that additional trees be planted toward the road side. Mr. Lawson agreed and said they had signed off on the site plan at that meeting. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Levesque reviewed Zoning Ordinance, Article IX, Section 904 C. Area Variances; 1. & 2., a. – f. Questions were answered by the board as follows: a.) No; b.) No; c.) Yes; d.) No; e.) Yes. Mr. Lawson stated that the building is about 1,500 sq. ft., lot size is 24,000 sq. ft. and even with a driveway, the 25% lot coverage rule is met. He said the setbacks and lot width are within allowable limits and the only issue is the actual lot size. Mr. Stapleton advised the applicant that a septic system could not be installed without coming back before the board for a decision.
Mr. Levesque motioned to grant an Area Variance to Paul Stenger to construct a garage on a substandard size lot (approx. 24,400 sq. ft.) which does not comply with the 40,000 sq. ft. required in the R-1 District. Property is owned by Roger Luvinson and located on Cheney Point Road, specifically Sec. 350.13-1-29 & 30. Conditions placed on the Variance are:
1.) Additional trees planted on road side facing Cheney Pt. Rd. to further mitigate view shed as indicated in Planning Board Site Plan review.
2.) Project to be completed as set forth in the application and outlined in these minutes.
Mr. Thomas seconded. The motion was carried unanimously.
- Richard and Joyce Query requesting an Area Variance to build a deck with a roof over which will decrease the existing deck size but is still closer to the lake side (31.8’ to property line) set back than allowed (50’ is required setback) at property located at 3752 Lakeland Rd., Stow, NY, specifically Sec. 332.12-1-11.
Mr. Query said they would like to replace the existing 2 decks with 1 deck with a roof over a portion and trellis over the rest of it. He said it will increase the setback from the lake. Dimensions of the proposed deck are 19.10’ x 20’ x 2.6’. Mrs. Ortman asked if they had spoken to the Kowalski’s, neighbors to the right. Mr. Query said yes and they had no problems with the project. Mrs. Query said they had also checked with neighbors Axell and Depew to the left and they had no issues with the project. Mrs. Emick asked if there would be any issues involving the view for the neighbors. Mrs. Query said no. Mr. Lawson said the property line is well back in from the actual shoreline, but the high water mark (1310.5) is more than likely very close to the house. Mr. Query said the break wall is 1309.3. Mr. Lawson said he did not send this application to the Planning Board, but he had done a minor site plan review. The board reviewed Zoning Ordinance, Section 614 Lakeshore Regulations, a.) Setbacks established: current setback from break wall north side edge of deck is 47.8’ and on south side deck edge is 52’. b). No modifications to the break wall are to be made c.) Visibility of neighbors not impaired. Mrs. Ortman asked if there is any intent to build walls or screen the deck. Mr. Query said no they do not intend to impair site lines for neighbors. Current side setbacks on the property were determined from the house and deck at 8.5’ on the north side and 19.5’ on the south side. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Levesque reviewed Zoning Ordinance, Article IX, Section 904 C. Area Variances; 1. & 2. a. – f. Questions were answered by the board as follows: a.) No; b.) No; c.) Yes; d.) No; e.) Yes. Mr. Lawson said it is within the 25% lot coverage rule.
Mr. Levesque motioned to grant an Area Variance as outlined in their application and these minutes, to Richard and Joyce Query to build a deck with a roof over which will decrease the existing deck size but is still closer to the side and lake side set backs than allowed at property located at 3752 Lakeland Rd., Stow, NY, specifically Sec. 332.12-1-11. Mrs. Ortman seconded. The motion was carried unanimously.
- Marya Johnson requesting a Special Permit to place a sign at property located at 6335 Magnolia-Stedman Road, the Stedman Café, Mayville, NY, specifically Sec. 314.00-2-11.
Mr. Stahlsmith said he and Ms. Johnson want to place a 6.3’ tall x 33” wide sign at a 90° angle pointing toward Andriaccio’s. Ms. Johnson said it is the same sign that was up last year just in a different location. Mr. Stahlsmith said it would be anchored at the bottom so that it doesn’t flap in the wind (see pictures attached to application). Mr. Stapleton said visibility and safety issues at the intersection should be discussed. The intersection is CR-33 and CR-16, a 4 way STOP with a flashing red light at the center. The Stedman Café is located on the right hand corner of the intersection as you head toward Chautauqua on CR-33. Mr. Levesque reviewed Zoning Ordinance Section 617. Signs; C.-1. Signs Attached to Sides of Buildings. It was noted that when traveling CR-33 toward Chautauqua, you must go beyond the actual STOP sign to view the intersection as it is impeded by the Stedman Café building. The board agreed the profile of the sign is only 2” and there appears to be no impediment to site lines at the intersection for traffic purposes created by the proposed position of the sign. Mr. Stahlsmith said they had spoken to the Chautauqua County DPW and they had no issue with the location. Mr. Stahlsmith said they would also like to add some subtle down lighting on the sign in the future. For purposed of the record the board determined that the sign will be hung under the roofline and anchored with something (i.e. large planter) underneath. General conditions for signs as noted in Sec. 617 were noted and Mr. Stahlsmith was provided a copy to review. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant a Special Permit to Marya Johnson to place a sign 6.3’ tall x 33” wide as outlined in the application and in the minutes at property located at 6335 Magnolia-Stedman Road, the Stedman Café, Mayville, NY, specifically Sec. 314.00-2-11 with the following condition:
- Any lighting on the sign must conform to Zoning Code regulations with no bright lights to impede night vision.
Mrs. Emick seconded. The motion was carried unanimously.
The hearing was adjourned at 9:00 PM.