TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 4/27/2016, 7:00 PM
ZBA MEMBERS PRESENT: JAMES LEVESQUE GREG MICHALAK
LOUISE ORTMAN DAN THOMAS
HELEN EMICK ROGER VAILLANCOURT
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
OTHERS PRESENT: Bob Kanouff Tom & Marilyn Sack
Dick Sena Terry King
Marya Johnson & Brian Stahlsmith
Mr. Levesque opened the hearing at 7:00 PM. Mr. Stapleton swore in all who expressed intent to speak regarding the cases before the board.
- Tom & Marilyn Sack requesting a Special Use Permit to construct a roof and porch over a camper at Lakeside Campground (Robert Kanouff, owner), 3280 Hadley Bay Road, Lot #93, specifically Sec. 332.20-1-35.
Mr. Sack said they would like to install a roof over a trailer and a new deck at Lakeside Campground, Lot #93, which is owned and operated by Bob Kanouff. Mrs. Thomas asked what the exact dimensions of the project were. Mr. Levesque said it would be 22’x27’. It was noted that the lot size is 2,500 sq. ft. There was discussion of the map with site plan that Mr. Kanouff provided previously to the Planning Board and Mr. Lawson. Mr. Levesque read into the record a portion of the 4/12/16 Planning Board minutes at which the board recommended in favor of the campsite with the condition that all roads be named and road signs installed as well as visible house/lot numbers on each site. The minutes indicated that there are 130 campsites. Mr. Kanouff advised that there are currently 97 lots at the campground and the permit from Chautauqua County allows up to 100 sites. It was discussed and determined that Mr. Kanouff must name all roads in the campground and place visible signs with those names on each road as well as visible house/lot numbers on each site within 30 days and re-submit the map with those details to the Zoning C.E.O. Officer.
Mr. Levesque motioned to grant a Special Use Permit to Tom and Marilyn Sack to construct a roof and porch over a camper at Lakeside Campground (Robert Kanouff, owner), 3280 Hadley Bay Road, Lot #93, specifically Sec. 332.20-1-35 as outlined in their application with the following conditions:
- No portion of the construction shall be enclosed to create habitable space
Mr. Michalak seconded and the motion was carried unanimously.
- Marya Johnson requesting an Area Variance to construct a second story deck onto an existing business/home closer to the property line than allowed in the C-1 District at property located at 6335 Magnolia-Stedman (Stedman Café), specifically Sec. 314.00-2-11.
Ms. Johnson said they had built a second story addition over the rear of the café facing the parking lot for living space. She said they have an existing deck on the side of the property and they would like to wrap that around on the parking lot side on the second floor. The proposed deck would extend the entire width of the second floor and would be 37’ wide (as amended in the application) by 10’ long. Ms. Johnson noted that
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the corner of the existing building is 6’ from the edge of the road (Panama-Stedman CR-33). Mr. Lawson said in fact based on the survey the back corner of the building is over the property line and into the highway area. Ms. Johnson said the stairway would be on the side where the ground floor patio is located. Mr. Lawson said the second story addition did not require a variance because it was build in the footprint of the existing first floor area. Mr. Levesque indicated that there would be no further encroachment on the ground level with the exception of the 4 supporting posts for the deck/porch. Mr. Lawson said Ms. Johnson has spoken with Bill Borea and Mark Stow from the County and they indicated that once the construction is done, the health department would come and test the septic system. He said they have had extensive construction including an entire new basement under the structure for restaurant storage. He said when they starting digging under the basement, they had a stream of water full force coming into the basement for about 10 days at 4 gals. per minute. Ms. Johnson said they had thought about bottling and testing the water because their well has a difficult time recovering during the summer months. She noted that they have water holding tanks in the basement. Mr. Lawson said the neighbors had complained about them pumping water onto their property into the ditch. He said the café has done their drainage and have sump pumps where they need them and they have discussed what to do with the sump pump drainage so that it doesn’t go onto the neighbor’s property. Mr. Lawson said the restaurant was permitted with alterations in 2013 and the certificate of occupancy was given after that. He said he has all the records of that. He said the neighbors have expressed some concern about that to him. He said he is not saying the neighbors concerns were unfounded, but is saying that during construction they are rectifying a lot of the issues that the neighbors have. Ms. Johnson said they have had no problems with their septic, but because of the weight of construction equipment in that area, it will need to be tested and they are intending to do that. Mrs. Emick asked if the health department is aware that there is a restaurant and a residence operating on the same septic tank. Ms. Johnson said yes. Ms. Johnson said the ditch on the neighbor’s property was pristine until the county did work there. There was discussion of the ditch on the neighbor’s property and Mr. Lawson said the county had cleaned the ditch up where they are allowed as it is on private property and the neighbors indicate that whatever the county did caused the flow to the ditch to change and become foul. He said that has no bearing on what the café is doing. Ms. Johnson said they would like to plant a row of trees or put in an 8’ fence to separate their property from the neighbors. Mr. Lawson said the reason they are asking for both the trees and/or fence is because if something further has to be done with the septic (i.e. leach field), it may not be possible to plant the trees there. Mr. Levesque asked Ms. Johnson to consider that if trees are used, the neighbors have the right to cut off any portion that encroaches on their property. Mr. Sena, Councilman, said the neighbors had come to the Town Board and one of their main concerns was parking. He asked if the posts on the deck would limit parking space in the café parking lot. Ms. Johnson said no as that space had never been used for parking. She said the parking lot starts about 16-17’ from the building. She said once the excavation is done they intend to put posts in to clearly mark the parking area. Mr. Thomas said some of the issues the Johnson’s had with the parking was that people were parking on the shoulder of the road in front of their property on Magnolia-Stedman and also on the Panama-Stedman Rd. It was noted that the board cannot weigh in on public parking on the street as they are both county roads. It was discussed that both the roads and the septic are county issues to address. It was noted that the café area is a Commercial District and there was discussion of how far that district extends. Mr. Lawson indicated that the supporting post on the corner closest to the road should be set back a minimum of 2’ from the corner of the building. Mr. Levesque said there is not a lot of detail in the portion of the application requesting a row of trees. Mr. Levesque asked that they delete that portion of the application request and perhaps consider that portion after the construction is done considering all the factors. Mrs. Emick asked if the deck would be covered. Ms. Johnson said no. Mr. Levesque read into the record Zoning Code Article IX, Sec. 904 – Use and Area Variances; C. Area Variances – 2. Questions of consideration were answered as follows: a.) no b.) no c.) yes d.) no e.) yes. Mr. Levesque said it is the understanding this board that the septic will be tested after construction area has settled and the well also. Ms. Johnson said the county requires that their water be tested quarterly.
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Mr. Levesque motioned to grant an Area Variance to Marya Johnson to construct a second story deck onto an existing business/home closer to the property line than allowed in the C-1 District at property located at 6335 Magnolia-Stedman (Stedman Café), specifically Sec. 314.00-2-11 with the following conditions:
- Application is amended to change width of deck from 31’ to 37’ or to corner of existing structure.
- Supporting post on deck closest to CR-33 shall be set back a minimum of 2’ from the corner of the building and visibly marked (i.e. cone, paint) due to proximity of road edge.
- Application is amended to remove the request for planting of tree/fence barrier on neighbor’s side of property.
Mrs. Emick seconded and the motion was carried unanimously.
- Terry King requesting an Area Variance to construct a storage garage closer to the side setback than allowed in the R-1 District at property located at 4797 Cedar Ave., specifically Sec. 384.15-1-12.
Mr. Lawson noted that new Local Law #2-2015 adopted in 12/2015, had changed the side setbacks for accessory use structures in the R-1 District from 5’ to 20’. He said it only allows for one accessory and one storage structure on each lot. He said Mr. King would like to construct an 840 sq. ft. garage/accessory structure 5’ from the property line. Mr. Stapleton asked what the height restrictions were. Mr. Lawson said it is 16’ to the peak and Mr. King’s will be 15.2’ to the peak. Mr. Levesque asked Mr. King to explain why it is not feasible to move the garage 20’ from the property line. Mr. King said if he moved it further from the setback it would have to be built into his current driveway which would block his existing garage. He also noted that to get a car parked into the new garage he needs room to make a 90 degree turn into the bay doors.
Mr. Thomas asked who his neighbor is on the encroaching side of the property. Mr. King said Jesse Lind and after talking to him Mr. Lind has no objection to the structure. Mr. King said in fact there is about 40-50’ of wetland located on the back end of the garage before Mr. Lind’s yard even begins. He indicated that his brother owns the vacant property on the east side of him. Mr. Lawson said the variance should also include the fact that the garage will be in front of the house and not in the rear. Mr. King said the garage will be vinyl sided and roofed with the same material as the house.
Mr. Lawson referred to Zoning Code Section 4., Article IV, Sec. 403, A.5. A storage structure as defined in §202 shall be permitted in the rear or side yard of a lot. Storage structures that are located on lots in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of 5 feet. This relief shall be granted for one storage structure per lot. Storage structures on waterfront lots shall be subject to a 10 foot minimum side and rear yard setback.
Mr. Levesque read into the record Zoning Code Article IX, Sec. 904 – Use and Area Variances;
- Area Variances – 2. Questions of consideration were answered as follows: a.) no b.) no c.) yes d.) no e.) yes.
Mr. Levesque motioned to grant an Area Variance to Terry King to construct a storage garage as outlined in his application closer to the side setback than allowed in the R-1 District at property located at 4797 Cedar Ave., specifically Sec. 384.15-1-12 with the following condition:
- Proposed structure encroachment shall be absolutely no closer than 5’ to the property line.
Mrs. Ortman seconded and the motion was carried unanimously.
The hearing was closed at 8:10 PM.
Nancy Thomas, Town Clerk