TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 4/25/18, 7:00 PM
ZBA MEMBERS PRESENT: Jim Levesque Greg Michalak
Helen Emick Roger Vaillancourt
Will Ortman Gary Winger
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
Others Present: Roger Miller John O’Barka
Bob Kanouff Dennis Vespucci
Mr. Levesque motioned to accept the minutes of the 3/28/18 Zoning Board of Appeals Hearing as presented by the Clerk. Mr. Ortman seconded, and the motion was carried unanimously.
Mr. Stapleton swore in all who expressed intent to speak during the hearing.
- Dennis Vespucci requesting a Special Permit to construct a 33’x21.8’ roof over a Recreational Vehicle and patio 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 #104.
Mr. Kanouff said Mr. Vespucci would like to put a roof over a camper and patio which will be 33’x 21/8’. Mrs. Emick asked if it will be like the one next door to it. Mr. Vespucci said yes. Mr. Levesque cautioned that there could be no enclosure of the patio, windows, etc. Mr. Stapleton asked if Mr. Kanouff’s park had its annual audit by the County Health Department. Mr. Kanouff said the audit had been conducted and Mr. Lawson agreed that he would get a copy of the results for the record. Mr. Kanouff said he had added a chlorination system at the RV Park last year. He said the shower house has its own septic and leach field and the RV’s each have their own private septic tanks which are pumped and hauled regularly. Mr. Levesque asked if anyone had any questions regarding the application.
Mr. Levesque motioned to request that Mr. Kanouff owner of Lakeside Camping, provide to the Zoning C.E.O. yearly, the annual report of the Chautauqua Co. Health Department to determine camp compliance with those regulations. Mr. Vaillancourt seconded, and the motion was carried unanimously.
Mr. Levesque motioned to grant a Special Permit to Dennis Vespucci to construct a 33’x21.8’ roof over a Recreational Vehicle and patio 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 #104 as outlined in the application and these minutes. Mr. Winger seconded, and the motion was carried unanimously.
Mrs. Emick recused herself from the board as she is speaking as the applicant in the following case and removed herself from the dais.
- Clayton & Helen Emick requesting a Special Permit to locate a Recreational Vehicle for a 5-month period in the R-1 District at property located at 5224 Stow Ferry Rd., Specifically Section 332.12-1-50, which does not comply with Zoning Section 631 – Temporary Dwelling Units (Transportable).
Mrs. Emick said they are requesting a change in the number of days that occupancy is permitted in an RV each month. She said Section 631 allows 14 days occupancy per 2 months. She said their family is expanding and they need more space for them. She said they are not asking for a 5-month period as stated in the legal. She said they are placing the travel trailer which is 21.8’ long on the property by right and it will be located there year-round. Mr. Levesque asked if there would be any rental of the trailer. Mrs. Emick said no, it is only for the family in the summer. Mrs. Emick said the RV will be located further back on the property by the pine trees. Mr. Vaillancourt asked if there would be utilities involved. Mrs. Emick said they would probably run electric to it and hook up to the existing well and septic which has been approved by the County. Mr. Lawson said the way the zoning reads utilities cannot be constructed, but as it is already there why wouldn’t use it. Mr. Ortman said if electric is being run from the existing pole to the camper, it is constructing something new. Mr. Levesque asked if an extension cord is considered permanent? Mr. Ortman said there is no electrical outlet on the pole meter and to put one there would be construction. Mrs. Emick said she feels their request is minor. Mr. Levesque stated that each application is reviewed on its own merit and if an exception is made to another situation or application, it does not necessitate that their request will not get the same consideration. There was discussion that the use of a generator would eliminate the question of construction. Mr. Vaillancourt said the generator would create a noise factor that a pole outlet would not. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Miller and Mr. O’Barka spoke about situations they had with the applicants. Mr. Levesque said that neither of these issues have any bearing on the application. Mr. Vaillancourt confirmed that the Emick’s son has one trailer at Sunshine Village Mobile Home Park. Mr. Levesque noted that the application states that no rental will be allowed on the property. Mr. Winger said there is some concern with the wording of Sec. 631 of the Zoning Law and he feels that perhaps it should be sent to the Planning Board for review and recommendation as far as the intent of B. Inhabitation Time, as it relates to the number of days inhabited. Mrs. Emick said they are just asking for some additional days during a 5-month period of the year. It was noted that 14 days per 2 months adds up to 84 days per year. Mr. Lawson said the issue comes in with possible occupation of the RV for more than 14 days per every 2 months. He said he feels that if there are already existing utilities (i.e. electric, water, septic) he feels there should be no issue as they are not constructing anything. It was discussed that the law as it is written for the R-1 District was done so that RV’s do not become permanent dwellings in that district. Mr. Stapleton said perhaps some type of Sunset Provision should be considered for Travel Trailers on lakefront property. Mr. Lawson said he would not like to see someone unable to park their RV at their own home, because they may like to take them when they travel on vacation. Mrs. Emick said they were trying to be honest in bringing this to the board. Mr. Levesque said the question is whether there was a mistake in the Zoning Law which allows an RV to be parked permanently in an R-1 District. He said he feels the intent was not to develop these types of placements in an R-1 District, but to allow a two-week vacation with the RV being removed at the end of that time. He said he does not feel it was the intent to allow the RV to be located on property for 365 days. Mr. Stapleton said his interpretation is that the R-1 District is for permanent Residential dwellings, anything that is a temporary issue such as the one being discussed can be changed under the law if there is some reasonable Sunset Provision in there. Mr. Stapleton said there is no precedent being set for anyone.
Mr. Levesque motioned to grant a Special Use Permit to Clayton & Helen Emick to extend the occupancy time in a Recreational Vehicle in the R-1 District at property located at 5224 Stow Ferry Rd., Specifically Section 332.12-1-50, which does not comply with Zoning Section 631 – Temporary Dwelling Units (Transportable) with the following conditions:
- RV may be occupied no more than a total of 60 days from 5/1/18-9/30/18 to be used at applicants will
- RV may not be used for rental purposes
- Special Permit will be reviewed by the ZBA in one year (spring 2019)
- Use of extension cord for electric to RV is allowed
Mr. Winger seconded. YES (4): Levesque, Michalak, Vaillancourt, Winger. NO (1): Ortman.
The motion was carried.
Mr. Levesque motioned to request that the Planning Board review, clarify and recommend on Zoning Ordinance Section 631 – Temporary Dwelling Units (Transportable) B. Inhabitation Time as it relates to the R-1 District. Further, review of some type of Sunset Law for uninhabited RV’s in the R-1 District is requested. Mr. Vaillancourt seconded, and the motion was carried.
On a motion made by Mr. Levesque, seconded by Mrs. Emick and none being opposed the hearing was adjourned at 8:10 PM.