TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS HEARING
WED., JUNE 24, 2015, 7:30 PM
ZBA MEMBERS PRESENT: Jim Levesque Roger Vaillancourt Louise Ortman
Dick Barton Helen Emick
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
Others Present: Paul Lamparelli Michael Jacobik
Mr. Levesque opened the hearing at 7:40 PM. Mr. Stapleton swore in all who expressed intent to speak regarding the cases before the board.
1. Michael Jacobik requesting a Special Permit to replace a single wide mobile home with another single wide mobile home at property located at 2819 Wall St, Ashville, NY, Specifically Section 364.00-1-5 (Old #8-1-3.3).
Mr. Jacobik said there is an existing 20 year old manufactured home on the property and they have purchased a newer single wide 2015 model to replace it. He said they intend to pull the old one out and use the existing septic, well and electric for the newer model. He said the footprint will be the same and the older model will be removed before the new one is placed. Mr. Lawson said the property used to be owned by Dan Mielke and had been sold or given to a nephew who had installed the existing 1997 manufactured home. A permit had been given for the first home. The home had become dilapidated and the new owner had purchased it “as is”. The property is located in the AG District. Mr. Stapleton indicated that the Zoning Code allows this structure in the AG district by right. He referenced Sec. 629, Manufactured Home Standards, and said the board would be looking at those conditions for the replacement of the old home. After discussion, it was determined that the replacement meets all requirements and the owner stated he intends to fulfill all requirements of Sec. 629.
Mr. Levesque motioned to grant a Special Permit to Michael Jacobik to replace a single wide manufactured home with another 2015 model single wide manufactured home at property located at 2819 Wall Street Rd., Ashville, NY, Specifically Sec. 364.00-1-5 as outlined in the application and these minutes. Mrs. Ortman seconded. The motion was carried unanimously.
2. Paul Lamparelli requesting a Special Permit to refurbish old church camp dorm into a habitable space for (Proposed Carriage House) located at 3736 Victoria Rd, Ashville, NY, Section 332.06-1-10.1.(Old#18-3-2).
Mr. Lamparelli said he, his brother law and a friend had purchased the property about a year ago. He said there is a main house on the property. He said it used to be a church camp and there is also carriage house that had been used as dorms. He said they would like to convert the carriage house into another home for summer use. He said they would renovate the existing structure and the only addition would be a porch. He said it would have 3 bedrooms and 2 baths on the first floor and the second floor would have a kitchen and great room overlooking the lake. He said the carriage house had 6 bathrooms in it when it had been a church camp. He said there is a separate well and septic for the carriage house and he had spoken to Mr. Austin at the Chaut. Co. DOH about it. He said they don’t know if the septic works, but he didn’t want to dig it up until they found out if their project would be approved by the board. He said Caster Well Drilling would check the well and Advanced Septic will check the septic and repair/replace it if necessary. Mr.
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Stapleton asked if the title is in all 3 owners names. Mr. Lamparelli said it is in an LLC, which is called 3736 Victoria, LLC, and he is the managing member. He said the address of the LLC is 590 Kennedy, Cheektowaga, NY, 14227. There was discussion of the location of the septic at the main house. Mr. Stapleton referenced the allowed uses in the R-1 District and noted that this would be a second dwelling on the same property (ref. Zoning Code Sec. 510 – Number of residential dwellings on a lot) which is not allowed in the R-1 district. Mr. Lamparelli said it is one single property 4.2 acres. There was discussion of the previous use of the structure and the timeline that it had been used as a dwelling. Mr. Lawson said they had done a great job on bringing the old property back to life. Mr. Lawson said they had discussed splitting up the property. He said if in fact they did this and kept the setbacks to required limits, there would be no zoning board approval required for the project. Mr. Lamparelli said they had preferred to request the variance over separating the property as they plan to keep it in the family. Mrs. Emick asked council if this property was not split and a permit were to be given, could a stipulation be put on it that it did not extend it to future owners. Mr. Stapleton said that residential is residential and his concern is zoning conformance for possible future litigation against the town. He said if the property is broken into 2 separate parcels, it can still be under the same LLC with no transfer of ownership and no change of relationship between members of the LLC. It was discussed that an easement for access to the property and to the lake might be added to a survey for future needs. Mr. Lamparelli said he would look further at that option.
Mr. Levesque motioned to grant a Special Permit to Paul Lamparelli (3736 Victoria, LLC) to refurbish an old church camp dorm into habitable space at property located at 3736 Victoria Road, Ashville, NY, Specifically Section 332.06-1-10.1. Mr. Vaillancourt seconded. A roll call vote was taken. No (5): Emick, Vaillancourt, Barton, Levesque, Ortman. The motion was denied.
Mr. Stapleton said Mr. Lamparelli could continue with work on the project conditional on breaking up the property into 2 separate parcels and as soon as the deed is done Mr. Lawson could issue the Certificate of Occupancy.
The hearing was adjourned at 8:10 PM.