TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 9/23/2015, 7:30 PM
ZBA MEMBERS PRESENT: Jim Levesque Dick Barton Louise Ortman
Dan Thomas Greg Michalak Helen Emick
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
Others Present: Robert Kanouff Timothy & Netty Starr
David Misenheimer Betty Kohlbacher David Kohlbacher
Mr. Stapleton swore in all who expressed interest in speaking before the board.
1. Timothy J. Starr requesting a Special Use Permit to construct a roof over a new recreational vehicle and deck on property owned by Robert Kanouff and known as Lakeside Campground, located at 3280 Hadley Bay Rd., specifically Sec. 332.20-1-35 (old # 21-1-31).
Mr. Starr said he would like to install a new larger trailer at the campground and construct a roof over with a deck (34’ x 10’) at lot #52 at Lakeside Campground. He indicated that the old “add a room” will be torn down. The current trailer is 8’x24’ and will be replaced with a 8’x34’ 2015 model travel trailer with slide outs. There was general discussion of the application and the types of units that existed in the campground prior to zoning.
Mr. Levesque motioned to grant a Special Use Permit to construct a roof over a new recreational vehicle and deck on property owned by Robert Kanouff and known as Lakeside Campground site #52, located at 3280 Hadley Bay Rd., specifically Section 332.20-1-35 as outlined in the application and in the minutes with the following conditions:
• Upon exit of owner the entire construction (roof and deck) be removed
• No enclosure of the deck or use as habitable space
Mrs. Emick seconded and the motion was carried unanimously.
Mr. Levesque and the board said at previous hearings for these types of applications by Mr. Kanouff he had been asked to provide plans and numbers for all the units/sites in the campground. Mr. Levesque asked Mr. Kanouff if he could provide that information at this time. Mr. Kanouff asked for specifics.
Mr. Stapleton asked how many lots there were in 1989 when zoning was adopted. Mr. Kanouff said there were about 137 trailers there in 1989. He said currently there are 96 trailers and some of the sites use more than one lot. Mr. Levesque said this is the last application the ZBA will consider until the following information is received:
• Site plan showing roads, lot and sizes and lot numbers on the sites
• Visible lot numbers shall be on all sites for emergency identification
Mr. Levesque referred to Zoning Code Sec. 633 and indicated the guidelines are pretty self explanatory. It was suggested that Mr. Kanouff attend the next Planning Board meeting and request guidance on the requirements the board has asked for. Mr. Lawson said what the board is trying to gain is some information on what is existing at the campground.
2. Sean P. Hadley requesting an Area Variance to build an addition closer to side setbacks than allowed in the R-1 district at property located at 2832 Chautauqua Ave., specifically Sec. 367.05-1-22 (old # 25-3-11).
9/23/15 (Pg. 2)
Mr. Misenheimer, Architect for Sandberg Kessler, appeared to represent the applicant. He said Mr. Hadley would like to put a 260 sq. ft. addition on the rear of the house. He said they will also be lifting the old portion of the house to do a new foundation which will be 6” above grade due to failure of the current foundation. Mr. Lawson said the setbacks requested for the addition are 6.8’ on the North and 13.8’ on the South side. He said there will be 18½% lot coverage with the new addition. The board noted that there are plans for gutters and drainage on the addition, but none for the existing structure. Mr. Misenheimer indicated that there are no gutters on the existing house and no plans to add any as it was in his estimation a grandfathered structure. Mrs. Kohlbacher a neighbor located at 2828 Chautauqua Ave. said her septic tank is located between the two homes and she is concerned about damage to it or her drain fields. It was discussed that there is a very slight grade between the applicant’s home and the Kohlbacher’s which is a wet area. It was noted that this is also the side of the applicant’s home where the foundation rotted and failed. The board suggested that the lack of gutters and a run off plan may have caused the failure of the foundation. There was lengthy discussion of the drainage system design for the new addition and suggestions were made about the drainage for the rest of the home. Mr. Lawson said the application complies with the minor site plan review with the exception of runoff concerns.
Mr. Levesque motioned to grant an Area Variance to Sean P. Hadley to build an addition closer to side setbacks than allowed in the R-1 district at property located at 2832 Chautauqua Ave., specifically Sec. 367.05-1-22 (old # 25-3-11) as outlined in his application and these minutes with the following conditions:
• Existing and proposed structure have a water runoff management system proposal submitted and improved the Zoning CEO with the intent to manage the runoff from the existing and addition roofs by means of a gutter system and other means as indicated by the CEO
• Silt fencing to be used on both sides of the structure when under construction and to extend at least to the garage area
• Visual marking to be used around neighbors septic to prevent damage
Mr. Barton seconded and the motion was carried unanimously.