TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 8/23/2017, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE HELEN EMICK DAN THOMAS WILL ORTMAN
GARY WINGER GREG MICHALAK
Brad Lawson, Zoning CEO
Dave Stapleton, Attorney
Others Present: Jim & Bob Kanouff Richard & Tony Benedetto
Louis Tomassi Bradley Barker
On a motion made by Mrs. Emick and seconded by Mr. Thomas, the minutes of the 7/26/17 Zoning Board of Appeals Hearing were adopted unanimously.
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.
- Bradley E. & Cynthia A. Barker requesting an Area Variance to construct a garage closer to setbacks than allowed in the C-1 District at property located at 48 Loomis Bay Rd., Specifically Sec. 367.15-1-26.
Mr. Barker said he is applying for an Area Variance to put a garage on his property in Loomis Bay. He said the lot he wants to locate the garage on is in North Harmony (one small corner is in Busti). He said he has spoken with one neighbor who has no issue with his plan, but has not been able to speak with his other neighbor at this time. He said his lakeside lot which is located in Busti had a cottage on it that has been torn down and the proposed garage lot has always been vacant. He provided additional pictures showing the survey stakes and indicated that the angle of the lot is the reason a variance is needed. Mr. Thomas said that 4.6’ setbacks on both sides at the rear of the proposed structure are very tight and concerns would be access and drainage. Mr. Lawson said there would be a lot of solid surface off the roof and a drainage plan would be needed. He said no building plans have been submitted and there is no survey. Mr. Barker said that the Scorse’s sold the property to him on land contract and no survey is required. He said the survey stakes are there and Mrs. Emick said if it is recorded it should be on file in Mayville. Mr. Ortman asked what the dimensions of the garage are. Mr. Barker said the proposed garage is 38’ wide x 35’ deep, with a height of 26.4’. Mr. Levesque asked what the intent of the garage is. Mr. Barker said he wants to store 2 boats and his car side by side. He said there will be a second floor for storage and there will be public sewer and water in the building. It was noted that with the footprint size of the proposed garage the addition of a second floor; water and sewer; there is consideration of the creation of dwelling space. Mr. Lawson said he has seen no plans and this process would go more smoothly if he had received a copy of the survey, project dimensions and plans prior to the meeting. He said he had tried to get that to help the board in the process but was unsuccessful.
The following is an addition by the clerk of the proceedings for the benefit of the board and applicant:
Area Standards C-1 District
| Single-Family (Primary Use) | 43,560 (1 acre) | 20% | 150 | 50 | 25 | 50 | 600 | 32 | 2½ |
| Single-Family (Accessory) | —– | —– | —– | 50 | 10 | 10 | —– | 18 | —– |
Mrs. Emick said there is not enough information available from the application to make a decision.
Mr. Levesque asked if anyone wished to speak regarding the application. He said the application is incomplete in detail and there are numerous variances being requested; there is concern over height; creation of dwelling space and utilities. He said all of those details need to be spelled out and filed for review. He said the Zoning Code Officer will recommend the information based on the laws of the town. Mr. Stapleton indicated that the applicant has a right to have his application go to a vote if he chooses, or he can ask that it be held for a time to get that information for the board. Mr. Barker said he would like to have it held.
Mr. Levesque motioned to table the application of Bradley E. & Cynthia A. Barker requesting an Area Variance to construct a garage closer to setbacks than allowed in the C-1 District at property located at 48 Loomis Bay Rd., Specifically Sec. 367.15-1-26 for further information as outlined in these minutes. Mrs. Emick seconded and the motion was carried unanimously.
- Louis Tomassi requesting a Special Permit to construct a 21.4’ x 33’ roof over a Recreational Vehicle and deck located at property owned by Robert Kanouff, Lakeside Camping, 3280 Hadley Bay Rd., Stow, NY, specifically in the R-4 District, Section 332.20-1-35, Lot #102.
Mr. Tomassi said he would like to build a roof over a camper and deck at Lot #102, Lakeside Camping owned by Mr. Kanouff. Mr. Levesque asked if he intended to enclose any of this project. Mr. Tomassi said no. Mr. Kanouff said he has no objection.
Mr. Levesque motioned to approve the application of Louis Tomassi requesting a Special Permit to construct a 21.4’ x 33’ roof over a Recreational Vehicle and deck located at property owned by Robert Kanouff, Lakeside Camping, 3280 Hadley Bay Rd., Stow, NY, specifically in the R-4 District, Section 332.20-1-35, Lot #102. Mr. Winger seconded and the motion was carried unanimously.
- Richard & Tony Benedetto requesting an Area Variance to construct an addition to a porch closer to setbacks than allowed in the R-3 District, at property located at 5525 Wells Bay Rd., Specifically Sec. 332.11-1-33.
Mr. Benedetto said they had recently purchased the property and are doing extensive work on it. He said they would like to extend the porch 6’ for aesthetic reasons. The variance requested is 4.3’ on the northeast side setback. It was noted that the existing porch already encroaches on the 20’ required. Mr. Benedetto said they have no intent to enclose any portion of the porch. Mr. Levesque said the applicant has submitted a rendition of the completed project. Mr. Ortman said he and Mr. Thomas had visited the site and noted that the project would not impede any neighboring views of the lake. Mr. Levesque noted that an email had been received on 8/22/17 from neighbors, Donald and Shari Stahl requesting that the variance be denied. Mr. Levesque asked what the distance from the proposed addition to the road edge is. Mr. Benedetto said at least 75’ (allowed is 50’). 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.) no (d.) no (e.) yes. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant an Area Variance to Richard & Tony Benedetto to construct an addition to a porch closer to setbacks than allowed in the R-3 District, at property located at 5525 Wells Bay Rd., Specifically Sec. 332.11-1-33 as outlined in the application and these minutes, with the provision that construction plans and drainage plans are provided to the Zoning C.E.O. Mr. Thomas seconded and the motion was carried unanimously.
The hearing was adjourned at 8:45 PM.
Nancy Thomas
Town Clerk