TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WED., 9/27/17, 7:00 PM
ZBA MEMBERS PRESENT: Jim Levesque Roger Vaillancourt
Helen Emick Greg Michalak
Dan Thomas Will Ortman
Dave Stapleton, Attorney
Others Present: Don Harrington William & Katrina Cummings
On a motion made by Mr. Winger and seconded by Mr. Thomas, the minutes of the 8/23/17, 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.
- William & Katrina Cummings requesting an Area Variance to build an addition closer to setbacks
than allowed in the R-1 District at property located at 3178 Rt. 394, Ashville, specifically Sec.
Mr. Cummings said they are looking to add an upper level floor above their garage which will include 3 bedrooms and a bathroom. He said this will include extending their garage about 10’ from the easterly property line of the Mariotti residence. He said they have three young girls and they need more space. Mr. Levesque asked about the update drawing that the Cummings provided. Mr. Harrington, Architect for the project said that was done on Mr. Lawson’s request to show drainage, septic, roadside set back and where the electrical was coming in. Mr. Harrington said the current distance from the road edge to the house is 47’. Mr. Levesque noted that it appears on the plans that the Mariotti home has a corner located on the Cummings property. Mr. Harrington said the plan was drawn using the survey and GIS maps. Mrs. Cummings said she had submitted a survey but the location of the Mariotti home does not show on it. The Cummings said it does appear that maybe the neighbor’s deck is over the property line, but they have no issue with it. There was further general discussion of this and it was noted that this may be an issue if the Mariotti’s ever sell. Mr. Cummings said the Mariotti’s are not present, but they had discussed their plans with them and they had no issue. Mr. Harrington said the height of the addition will be 27’ off the average grade and Mr. Lawson had agreed. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Stapleton noted that the expansion of the home will require that the application be amended to request an additional variance for 3’ on the roadside because the non-conformance already exists and the addition will be an expansion on that non-conformance. The Cummings agreed that they would like the application amended for the roadside encroachment. 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.) no (c.) no (d.) no (e.) yes.
Mr. Levesque motioned to grant Area Variances to William & Katrina Cummings to construct an addition onto their home 10’ from the easterly side setback (20’ is required) and as amended, 47’ from the roadside setback (50’ is required) than allowed in Zoning Code at property located at 3178 Rt. 394, Ashville, specifically Sec. 349.16-1-38. Further, septic must be approved by Chautauqua County DOH prior to construction. Mr. Winger seconded and the motion was carried unanimously.
9/27/17 (Pg. 2)
- (Re-hear; ref. ZBA minutes 8/23/17) 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. Johnson, Contractor for the Barkers said he would be representing them. Mr. Stapleton asked if Mr. Lawson had seen the Barker plans. Mr. Johnson said yes. He said there was supposed to be an architectural drawing of the project, but it was not complete at this time. Mr. Barker owns a lot in Loomis Bay that is located in Busti, R-3 Multi-family, and a lot across the road in North Harmony, C-1, Commercial District. The board reviewed the drawings and there was lengthy discussion of the past and current uses of land at Loomis Bay. Mr. Johnson said Mr. Barker has spoken to and shown both his neighbors the plans for the garage and house and they have no issue. Mr. Johnson said they intend to address concerns about runoff from the roof and Mr. Lawson had suggested a dry well. He said there is natural drainage across the rear of the properties and a 2’ sluice pipe. Mr. Stapleton asked Mr. Johnson if written statements were obtained from the neighbors. Mr. Johnson said no. Mr. Johnson said Busti has already approved the variances for the house the Barkers wish to build. There was discussion of the size of the lot that the proposed garage will be located on. Mr. Johnson said he did not know what the square footage was. Mrs. Emick said the board had requested at the previous meeting Mr. Barker provide a copy of the deed for the property. Mr. Barker had indicated at that meeting that it was purchased on a land contract. Mr. Johnson said the Loomis Bay properties are only sold on land contract. Mrs. Emick said there should be a property description attached to the land contract and that is what the board would like to review. Mr. Johnson said he obtained the map of Loomis Bay from Mrs. Scorse who is one of the current owners of the properties. Mrs. Emick said if Mr. Barker’s property is all one property it impacts how the board reviews it. Mr. Stapleton agreed and said you need to view the properties as a unit for purposes of calculating the maximum square footage usable and other determinations. It was noted that the allowed height for an accessory structure is 18’ and the proposed garage is 32’ in height with the second story being approximately 12.5’ x 34’. Mr. Johnson said the Barkers intended the second floor as a game room for their family and had intended to locate a half bath there, but were willing to forgo the bathroom if it was a real issue, but would still like water to wash the boats. There are both public water and sewer at the location. There was lengthy discussion that without the drawings and information for the planned home in Busti the board is unable to determine the correct figures for lot coverage. Mr. Stapleton suggested that the ZBA send the application to the Planning Board. Mr. Thomas said that Mr. Barker is asking for every variance there is and they are substantial. Mr. Stapleton said that the minimum lot size in the C-1 district is 1 acre and we are dealing with a lot of non-conformances to begin with. Mr. Levesque said what we are dealing with is how much land is owned by the applicant and how much will be covered by the proposed buildings. Mr. Stapleton said he recalled something about the Loomis Bay development about 25 years ago as it related to zoning and the development of the property. He said he believed there was an agreement between Busti and North Harmony for the approval of a Sub-Division for Loomis Bay because of the small size of the lots. Mr. Thomas suggested that the board does not have the information requested at the previous meeting and there is a lot of information still needed.
Mr. Levesque motioned that the board table the application of Bradley & Cynthia Barker requesting Area Variances 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 follows:
- Town Clerk requested to search for a Loomis Bay contract with North Harmony in regards to setbacks, etc. for the development and provide them to the board.
- Town Clerk asked to contact Busti and obtain copy of site plan; variance application; building permit application and minutes of Busti ZBA hearing approving variances for the house lot.
9/27/17 (Pg. 3)
- Site plan; land contract proving ownership (financial costs may be redacted) provided to the board for the garage project.
Thomas seconded and the motion was carried unanimously.
The hearing was adjourned at 8:15 PM.