TOWN OF NORTH HARMONY
ZONING BOARD OF APPLEALS
WEDNESDAY, 7/27/2016, 7:00 PM
ZBA MEMBERS PRESENT: James Levesque Greg Michalak
Roger Vaillancourt Dan Thomas
Helen Emick Gary Winger
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney 7:20 PM
Others Present: Rodney & Heather Anderson Lisa Roberts
Mr. Levesque opened the hearing at 7:00 PM.
On a motion made by Mr. Winger and seconded by Mrs. Emick the minutes of the 6/22/16 ZBA Hearing were accepted as presented by the Town Clerk unanimously.
Mrs. Thomas swore in all who expressed intent to speak regarding the cases before the board.
- Rodney & Heather Anderson requesting a Special Use Permit to install an 18’ above ground swimming pool at property located at 2108 South Maple Ave., Ashville, NY 14710, specifically Section 384.11-1-71.
Mr. Anderson said they would like to install an 18’ diameter; 52” tall above ground pool. The pool will have a small deck and the pump will be located under the deck. Mr. Levesque asked if the pool would comply with the 48” depth rule. Mr. Anderson said yes. Mr. Anderson said the distance of the pump to the neighboring property line is approximately 58’. Mr. Thomas asked if a locking gate would be installed on the deck entrance to the pool. Mr. Anderson said yes. Mr. Lawson noted that Mr. Anderson will have to comply with all electrical codes as they relate to the distance (6’ required) between the pump and the pool. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant a Special Use Permit to Rodney & Heather Anderson to install an 18’ above ground swimming pool at property located at 2108 South Maple Ave., Ashville, NY 14710, specifically Section 384.11-1-71 as outlined in their application and the minutes. Mr. Thomas seconded and the motion was carried unanimously.
- Richard & Lisa Roberts requesting an Area Variance to construct a 4’ tall split rail fence closer to the property line than allowed in the Zoning Code Sec. 618 at property located at 70 Loomis Bay Rd., Ashville, NY 14710, specifically Section 367.15-1-49 & 50.
Mr. Lawson stated that the longest part of the fence between lots 72 & 73 had been applied for and permit # 2010-0063 had been issued. He said it had not been installed but the area variance goes with the property. He said the Zoning Board is only looking at the 20’ and 10’ sections of fence outlined in items 2. and 3. of Mrs. Roberts letter. The longest section of fence will be on the property line between the Roberts Lot #72 and the Sedita/Ketterer Lot #73 as indicated in item 1. of the letter. The fence will be wood split rail and the sections are mainly meant to identify the property lines. Mrs. Roberts said everyone who would be affected by the fence sections had signed a consent form which is attached to the application. She indicated they hope to install the fence within one to two months. She also said in the future she hopes to apply for two additional 20’ sections but they are not included because she was unable to contact the
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neighboring parties involved. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Levesque read Zoning Code SECTION 904 – Use and Area Variances C. Area Variances 2. Questions (a) thru (e). Questions were answered as follows: (a) no (b) no (c) yes (d) no (e) yes. It was noted that the fence posts will be located on the property line.
Mr. Levesque motioned to grant an Area Variance to Richard & Lisa Roberts to construct a 4’ tall split rail fence closer to the property line than allowed in the Zoning Code Sec. 618 at property located at 70 Loomis Bay Rd., Ashville, NY 14710, specifically Section 367.15-1-49 & 50 as outlined in the application and these minutes. Mrs. Emick seconded and the motion was carried unanimously.
The hearing was adjourned at 7:30 PM.