TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WED., 9/28/2016, 7:00 PM
ZBA MEMBERS PRESENT: Jim Levesque Greg Michalak
Dan Thomas Helen Emick
Will Ortman Roger Vaillancourt
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
Others Present: Donald Juliano John & Patricia Angeletti
Mr. Levesque brought the hearing to order at 7:00 PM. All who expressed intent to speak regarding the cases before the board were sworn in by Mr. Stapleton.
John & Patricia Angeletti requesting an Area Variance to install a non-commercial shed at property located at 2199 Brook St. Specifically Section 384.10-1-10.
It was determined by the board that the application was for an Area Variance and the clerk indicated that it would be corrected for the record.
Mr. Angeletti indicated that the 10’x18’ prebuilt shed is already located on the property and is 20’ from the edge of the road (50’ is required in the R-1 District). He said he would like to leave it at its present location. The new structure is an accessory use building for storage and will have no electric or water. It is located 2’ in front of an existing structure. Mr. Levesque asked what the purpose of having the shed at that location was, as opposed to moving it further over. Mr. Angeletti said the land on that side has a steep slope and he has problems with water washing out trees and gardens and it would not be a good location. He said he would like to have the shed closer because he has physical issues which prevent him from walking very far. Mr. Lawson clarified that the new zoning law allows for one storage structure that is less than 150 sq. ft. (which applies to the structure behind the new one) and an accessory structure of 150 sq. ft. or over. There was further general discussion of the application and it was noted that Mr. Angeletti’s property although it is in the R-1 District is more rural in nature and the AR District borders his property at Stoneledge Rd. It was noted that there have been no objections from any neighbors regarding the project. 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 (f). Questions were answered as follows: (a) no (b) yes (c) yes (d) no (e) yes (f) It was noted that it would be a substantial expense to locate the structure upland because of drainage issues.
Mr. Levesque motioned to grant an Area Variance to John & Patricia Angeletti to construct a non-commercial 10’ x 18’ accessory use shed at property located at 2199 Brook St. Specifically Section 384.10-1-10. Mr. Vaillancourt seconded and the motion was carried unanimously.
Mr. Lawson noted that in the minutes of the 5/25/16 ZBA Hearing, the height of the Ott structure was shown to be 18’ in height. He said this needs to be corrected to reflect that it is approximately 28’ in height or within the 32’ maximum height requirement.
Mr. Levesque motioned to authorize the Clerk to correct the 5/25/16, ZBA Minutes, on the Ott application. The corrected sentence will read as follows:
The height of the house will be will be within the 32′ to peak height requirement.
9/28/16 (Pg. 2)
Mr. Thomas seconded and the motion was carried unanimously.
Mr. Levesque said Donald Juliano is before the ZBA this evening requesting that the board officially reopen his case (ref. ZBA Minutes 8/24/16).
Donald Juliano requesting a Special Use Permit to construct a roof over a travel trailer at property owned by Robert Kanouff and known as Lakeside Campground, located at 3280 Hadley Bay Rd., Lot #90, Specifically Section 332.20-1-35.
Mr. Levesque noted that the application had been denied because Mr. Kanouff has not complied with requirements made by the ZBA to place signage on all the roads located within Lakeside Campgrounds.
Mr. Levesque motioned to reopen the case of Mr. Juliano requesting a Special Use Permit to construct a roof over a travel trailer at property owned by Robert Kanouff and known as Lakeside Campground, located at 3280 Hadley Bay Rd., Lot #90, Specifically Section 332.20-1-35. Mrs. Emick seconded. Yes (7): Levesque, Michalak, Thomas, Emick, Ortman, Vaillancourt, Winger. No (0). The motion was carried unanimously.
Mr. Juliano said he had helped Mr. Kanouff put up the road signs. There was general discussion and it was determined that Mr. Kanouff is now in compliance with the ZBA request to place signs on all roads for the safety and welfare of those who live there.
Mr. Levesque motioned to grant Donald Juliano a Special Use Permit to construct a roof over a travel trailer at property owned by Robert Kanouff and known as Lakeside Campground, located at 3280 Hadley Bay Rd., Lot #90, Specifically Section 332.20-1-35. Mr. Winger seconded and the motion was carried unanimously.
The hearing was adjourned at 7:45 PM.