ZBA MINUTES 5/25/2016

TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 5/25/2016, 7: 00 P.M.
ZBA MEMBERS PRESENT: JAMES LEVESQUE GREG MICHALAK
LOUISE ORTMAN DAN THOMAS
HELEN EMICK ROGER VAILLANCOURT
GARY WINGER
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
OTHERS PRESENT: Alyssa Caskey Francesca Coney Robert Ott
Diane Hendrix Toni DeAngelo Glen Kremers
Judy Kremers Karen Halle Charles Halle
Fred Hensslor Margaret Hensslor
Mr. Levesque opened the hearing at 7:00 P.M. Mr. Stapleton swore in all who expressed intent to speak regarding the cases before the board.
1. Extension on Lakeside Camping street names and signs.
Robert Kanouff will not be able to meet the 30 day deadline because he is busy putting in docks and lifts and getting boats out of storage and the water system online. They will do their best to do so after signs are made and would like to thank the board for their consideration.
Mr. Levesque motioned to extend an additional 30 days to Lakeside Camping to post street name signs and lot #’s as outlined in the 4/27/16 ZBA Minutes, with the following conditions:
There will be no further extensions.
Mr. Thomas seconded and the motion was carried unanimously.
2. Robert and Lisa Ott requesting Area Variances to construct a new home on a sub-standard lot size and closer to the lakeside setback than allowed in the R-1 District at property located at 3716 Lakeland Ave., Stow, NY, specifically Section 332.12-1-25.
Mr. Ott said they would like to build a new home and they would like to live in the existing home while the construction is going on. After the new home is built they would like to turn the existing home into a garage. The access to the garage would be on the lakeside of the building. The concern of occupancy was discussed and Mr. Ott said there will be no running water or septic in the existing house once the new house is complete. The septic will be re-routed to the new house. The board informed Mr. Ott that having the old house used for residency is not allowed. Mr. Ott agreed to that term. Mr. Ott said they would like to make their home a year round residence. Mr. Lawson said they will need to build their home to the flood plain regulations and the construction will be a frost wall and a poured concrete floor with no crawl space. The height of the house will be within the 32′ to peak height requirement. It is a one and a half story house. The water gardens are going to be put in as on the plan. The buffers at the lake front are not needed as previously discussed because the run off does not go toward the lake and there are water gardens on both sides to collect the rain. Mr. Ott said that the patio that is attached will be removed and the structure will stay in the same location when turned into the garage. There was discussion on the distance from the road to the
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back of the house. It is 90 feet from the road to the back of the house. There was discussion about the septic being demolished. Mr. Lawson said he is demolishing the habitable space to make it a garage so the system itself does not need demolishing at this time. Mr. Ott said the septic system is a jet system and is serviced twice a year.
Mrs. Ortman motioned that the Zoning Board accept lead agency status on the Short form SEQR.
Mr. Mickalak seconded and the motion was carried unanimously.
Mr. Levesque reviewed part 1, 2, and 3 of the SEQR application. Corrections were made on part one to questions 4. adding aquatics, 13.B from a yes to a no, and on the last page the date the corrections were made was added.
Mr. Levesque motioned for a negative declaration of environmental impact for the Otts proposed project.
Mrs. Emick seconded and the motion was carried unanimously
Mr. Lawson said the planning boards review indicates the Ott’s project does comply with the LWRP’s our planning board and site plan review process has been geared toward.
Mr. Levesque motioned to grant an area variance to Robert and Lisa Ott to construct a new home on a sub-standard lot size and closer to the lakeside setback than allowed as outlined in the minutes and in their application in the R-1 District at property located at 3716 Lakeland Ave., Stow, NY, specifically Section 332.12-1-25.
Mrs. Emick seconded and the motion was carried unanimously
3. Toni DeAngelo requesting an Area Variance to construct an attached garage addition onto an existing home closer to the road and side setbacks than allowed in the R-1 District at property located at 3612 Watson Rd., Stow, NY, specifically Section 332.16-1-24.
Mrs. DeAngelo would like to make her existing garage into an extra bedroom and build a garage attached to the bedroom. The house as is has 2 bedrooms. Mrs. Hendrix said there will be 4 ft. from the new garage to the neighbor’s property line and there will be 10 ft. from the new garage to the edge of the road. From the face of the new garage to the pavement of the road is 31 ft. so there is plenty of room to park a car. Mr. Lawson said that a normal setback from the side property setback would be 20 ft and 50 ft to the road.
Mr. Leveque motioned the Zoning Board accept lead agency status on the Short form SEQR.
Mr. Winger seconded and the motion was carried unanimously
Corrections were made to part one to question 4 adding aquatics; identified Chautauqua Lake as the lake front on question 7; question 11 went from a yes to a no; suburban was added to question 14 for safety reasons; question 16 was changed from a no to a yes
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Mr. Levesque motioned for a negative declaration of environmental impact for Mrs. DeAngelo’s proposed project.
Mrs. Ortman seconded and the motion was carried unanimously
Mr. Lawson said that the planning board did approve the site plan review and the LWRP and the plan does conform to what the LWRP is requesting although it may be minute but it’s actually collecting more water than what the actual addition does. There was discussion that there are French drains, water spouts in the existing structure and there are water gardens getting added in.
Mr. Levesque motioned to grant an area variance to Tony DeAngelo to construct a new home on a sub-standard lot size and closer to the property line than allowed as outlined in the minutes, their application, and site plan in the R-1 District at property located at 3612 Watson Rd., Stow, NY, specifically Section 332.16-1-24.
Mrs. Emick seconded and the motion was carried unanimously.
The hearing was closed at 8:56 P.M.
Respectfully,
Stephanie Gibbs
Planning Board Clerk