Town of North Harmony

Chautauqua County, New York

  • Home
  • Minutes
    • Town Board Minutes
    • Planning Board Minutes
    • Zoning Board Minutes
  • Zoning Laws
    • Amendments
      • LL#1-2015 3/30/2015 – CREATE THE COMMERCIAL/RESIDENTIAL (C-1A) DISTRICT AND AMEND CURRENT ZONING MAP
      • LL#2-2015 12/14/2015 – LIMIT ACCESSORY STUCTURES IN R-1, R-2, R-3, R-4 & R-5 DISTRICTS AND MODIFY SETBACKS IN VARIOUS DISTRICTS WITHIN THE TOWN
      • LL#1-2016 4/11/2016 – AMEND THE CURRENT TOWN OF NORTH HARMONY ZONING LAW IN REGARDS TO THE REGULATION OF SIGNS
      • LL#2-2016 4/11/2016 – AMEND THE CURRENT TOWN OF NORTH HARMONY ZONING LAW IN REGARDS TO THE REGULATIONS OF SAWMILLS
  • Court
  • Forms
  • Maps
  • FAQs
    • History
    • Statistics
    • Transfer Station
  • Tourism
  • Bulletin Board
    • Budgets
  • Contact
You are here: Home / Minutes / ZBA MINUTES 07/26/2017

ZBA MINUTES 07/26/2017

August 11, 2017 By Nancy Thomas

TOWN OF NORTH HARMONY

ZONING BOARD OF APPEALS

WEDNESDAY, 7/26/2017, 7:00 PM

 

ZBA MEMBERS PRESENT:                 JIM LEVESQUE      ROGER VAILLANCOURT

                                                            HELEN EMICK       GREG MICHALAK

                                                            DAN THOMAS        WILL ORTMAN

                                                            GARY WINGER

                                                            Brad Lawson, Zoning CEO

                                                            Dave Stapleton, Attorney 

 

Others Present:          Dan Sonnenreich       Todd Ingersol            William Buck

                                    Ron Dills                    Jim McCormick

 

            Mr. Winger motioned to accept the minutes of the 6/26/17, ZBA Hearing as presented by the Town Clerk.  Mr. Ortman seconded and the motion was carried unanimously. 

            Mr. Levesque opened the hearing at 7:00 PM

            Mr. Stapleton swore in all who expressed intent to speak regarding the application. 

  1. Dan Sonnenreich, requesting an Area and Height Variance to build an addition to a garage closer to setbacks and taller than allowed in the R-1 District at property located at 3534 Ross St., specifically Sec. 332.20-1-58 & 332.20-1-62.1. 

            Mr. Sonnenreich said he had hired a contractor to do the project with provisions in the contract that he would pull the permit.  He said he had found out from Mr. Lawson that a permit had not been issued and all work ceased.  He said has since hired Mr. Ingersol to complete the project and has hired an attorney to review his initial contract. 

            Mr. Levesque asked Mr. Sonnenreich why he had not noticed that there was no permit visible on the site.  Mr. Sonnenreich said he is a seasonal resident. 

            Mr. Sonnenreich said he would like to complete the project and he is applying for two variances.  Mr. Ingersol said originally there were three buildings on the lot; the one that is in the photo and a block building that was torn down (representing almost the exact same footprint as the current unauthorized incomplete structure started by the first contractor).  Mr. Ingersol clarified that the first contractor had torn down a wooden structure and a concrete block structure on the site and basically squared off the footprint with the existing structure.  Mr. Ingersol said there are some substandard structure conditions that exist on the current project that he will address with Brad’s help.

            Mr. Thomas asked how the applicant plans to have access to the structure.  He said the drawing shows a garage door on the neighbor’s side of the building, but there is no access to that door from the applicant’s property.  Mr. Sonnenreich said the door was for very occasional use as he is a car hobbyist and plans to install a lift inside to work on cars. Mr. Thomas asked why he needed the height on part of the addition.  Mr. Ingersol said because it will be second floor wood working area about 12’x24’.  The entire length of the building will be about 72’. Mr. Levesque asked if anyone wished to speak regarding the application.

            Mr. Dills, owner of the property next to the project, said his only objection is with the garage door that opens onto his property.  He said he does not want his property to become ingress/egress for Mr. Sonnenreich’s garage.  Mr. Levesque asked Mr. Dills if he had objections to the height request.  Mr. Dills said he has no serious objection to the height.  Mr. Levesque said there is clearly a presumption on Mr. Sonnenreich’s part when putting a garage door on that side.  Mrs. Emick asked if there were any previous

ZBA

7/26/2017 (pg. 2) 

deeded ROW’s to the property by previous owners.  Mr. Ortman said if he needs ventilation he should have put in windows instead of a garage door.  After further discussion, Mr. Levesque asked Mr. Sonnenreich if it was clear to him that he has no right to ingress/egress on Mr. Dills property now or in the future.  Mr. Sonnenreich agreed. 

            Mr. Lawson clarified that Zoning Code Sec. 807, Non-conforming yard changes allows a person to tear down a structure and rebuild in the same footprint.  It also allows the fill in of an irregular space as long as it is not outside the original squared off footprint.  Mr. Lawson stated that there is no documentation showing that the rebuild in on the same footprint.  Mr. Ingersol said it is on the survey.  Mr. Lawson said but there is not a location survey after.  He said generally in  cases involving the lakefront, a survey showing what currently exists on the property and a survey showing what will be built are provided to the board. 

            Mr. Thomas asked about drainage for the large roof coverage of the project.  Mr. Lawson said that would have to be addressed before a permit is issued.  Mr. Lawson noted that accessory structures are not allowed in the front yard and are not allowed to exceed 16’ in height.  The request for this structure is 22.10’ in height.  There was lengthy discussion of the need for this height in order to make created space usable.

            Mr. Stapleton asked what noise will be involved in rebuilding cars in a neighborhood environment.  Mr. Sonnenreich said it is a hobby and not a commercial operation. He also stated that there will be no water installed in the structure.              

            Mr. Levesque read into the record Zoning Code SECTION 904 – Use and Area Variances; Sec. C, Area Variances, Items a. thru e. were addressed with the following responses; (a.) no (b.) yes (c.) yes (d.) no (e.) yes.    

Mr. Levesque motioned to grant an Area and Height Variance to Dan Sonnenreich to build an addition to a garage closer to setbacks and taller (22.10’) (allowed height is 16’) than allowed in the R-1 District at property located at 3534 Ross St., specifically Sec. 332.20-1-58 & 332.20-1-62.1, with the following conditions:

  • Applicant must provide location survey to Mr. Lawson for approval which shows whether or not building currently located there is built on applicant’s property and there are no further encroachments.
  • Submit drainage plan for approval by Mr. Lawson
  • Board off, enclose or remove garage door on side facing Mr. Dills property
  • No further changes to current existing structure without appearance before ZBA

Mr. Michalak seconded. 

            Discussion:

            Mr. Ingersol asked what should be done if the survey were to show that the building is 2” closer than the old structure.  Mr. Levesque said to stop work and come back to Mr. Lawson.  Mr. Stapleton said it should be clear that construction workers, etc. have no right to be on Mr. Dills property during construction without his express permission.

            YES (6): Levesque, Thomas, Vaillancourt, Michalak, Ortman, and Winger. NO (1): Emick.

            The motion was carried. 

            The hearing was adjourned at 7:57 PM.

 

Nancy Thomas

Town Clerk    

           

Filed Under: Minutes, Zoning Board of Appeals

Public Hearing Notices

PUBLIC HEARING SPECIAL USE PERMIT TRI-JAMES SERVICES INC. Mon. 5/9/2022, 6PM.

PUBLIC HEARING SPECIAL PERMIT CITADEL SERVICES, INC. FRIDAY 4/29/22 6:00 PM

ZONING BOARD OF APPEALS HEARING WEDNESDAY 4/27/22 AT 7:00 PM

Helpful Links

Budgets
Native Shore Live Plants
North Harmony Comprehensive Plan

Veterans Memorial

Items of Interest

  • 2021 Final Roll
  • 2022 Tentative Roll
  • Draft Comprehensive Plan
  • Local Books
  • Local Artwork
  • Transfer Station

Bulletin Board

FOX ROAD CLOSED

5/10/2022 PLANNING BOARD MEETING IS CANCELLED

NORTH HARMONY MEMORIAL DAY SERVICE

Town Board Agenda 5/9/2022

PUBLIC HEARING SPECIAL USE PERMIT TRI-JAMES SERVICES INC. Mon. 5/9/2022, 6PM.

Hours

Mon, Tues, Thurs, Fri: 9:30 a.m. to 3:30 p.m.

Town Clerk: After hours by appointment
CLOSED Wednesday and All Legal Holidays

Thursday Evening Hours:

  • Court Clerk: 5-7 PM
  • Zoning C.E.O: 6-8 PM

Meeting Calendar

  • Town Board Meeting:
    Monday 05/09/2022 7:00 PM
  • Planning Board Meeting:
    Tuesday 05/10/2022 7:00 PM (CANCELLED)
  • Zoning Board Meeting: Wed. 4/27/22 7:00 PM

Copyright © 2022 Town of North Harmony · 5350 Stow Road Ashville, NY 14710
Tel: 716.789.3445 · Fax: 716.789.9308