TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, OCTOBER 28, 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: Cliff & Martha Betts Barb Hoyt
Ginger Johnson John Best
Mr. Levesque called the hearing to order at 7:35. Mr. Stapleton swore in all who expressed intent to speak regarding the applications.
1. Gerald Boardman requesting an Area Variance to construct a pole barn 24.6’ in height (required is 18’) at property located at 3086 Panama-Stedman Rd., Ashville, NY, Specifically Section 347.00-2-12.
John Best appeared on behalf of Gerald Boardman. Mr. Best said Mr. Boardman would like to build a 60×40’ pole barn with a 16’ lean to attached, for storage of his camper and other items. He said because the doors need to be 14’ in order to get the camper inside they will need the height of the building to be 24.6’ (18’ is allowed). It was stated that the building location is in the AG District and will be set back 60’ from Panama-Stedman Rd. and 200’ back from Donelson Rd. Mr. Levesque said the board would prefer to have ingress and egress to the building on Donelson Road as there is a dangerous curve on the Panama-Stedman Rd. at the location. Mr. Best said there are no plans at this time for electric or water in the building. Mr. Levesque cautioned that the building could not be used for commercial storage space as that would require a Special Use Permit application. The board reviewed Zoning Code Section 904 Use and Area Variances; C. Area Variances; Item 2. Questions a.-f.; a) no b) no c) yes d) no e) yes. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant an Area Variance for height to Gerald Boardman to construct a pole barn 24.6’ in height (required is 18’) at property located at 3086 Panama-Stedman Rd., Ashville, NY, Specifically Section 347.00-2-12 as outlined in the application and these minutes. Mr. Barton seconded. The motion was carried unanimously.
2. Martha & Clifford Betts requesting an Area Variance to construct an at grade patio closer to setbacks than allowed at property located at 3168 Chautauqua Ave., Ashville, NY, Specifically Section 350.13-1-2.
Mr. Betts said he would like to build an at grade patio 15’ x 32’ using permeable pavers on the lakeside of his home. Set backs from property lines are 6.1’ and 11.5’ respectively and 31.6’ from the lake. Mr. Lawson said the pavers will allow for drainage and he does not consider it an impervious surface. Mr. Levesque read into the record a note received from neighbor Blair Smoulder expressing no objection to the project. The board reviewed Zoning Code Section 904 Use and Area Variances; C. Area Variances; Item 2. Questions a.-f.; a) no b) no c) yes d) no e) yes. Mr. Levesque asked if anyone wished to speak regarding the application.
10/28/15 (Pg. 2)
Mr. Levesque motioned to grant Area Variances to Martha & Clifford Betts to construct an at grade patio closer to setbacks than allowed at property located at 3168 Chautauqua Ave., Ashville, NY, Specifically Section 350.13-1-2 as outlined in the application and these minutes with the following conditions:
• Silt fencing must be installed to the lake and side setbacks
• Permeable pavers must be used for the project
Mr. Barton seconded and the motion was carried unanimously.
There had been previous discussion among the board members of changing the time of the hearings to 7:00 PM in order that applicants and members are not out quite so late in the evening. Mrs. Thomas said she would bring this to the attention of the Town Board at the next meeting.
On a motion made by Mr. Levesque and seconded by Mrs. Emick the Zoning Board of Appeals hereby establishes a meeting date time of 7:00 PM. The motion was carried unanimously.
Mr. Barton announced that this will be his last meeting as a member of the Zoning Board of Appeals as he has retired and will be spending a portion of each year in Florida with his family. Mr. Levesque; the board members; Mr. Lawson; Mr. Stapleton and Mrs. Thomas expressed their gratitude for his more than 20 years of dedicated service to the town. He will be greatly missed.
The hearing was adjourned at 8:15 PM.