TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 5/23/2018, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE GREG MICHALAK
DAN THOMAS ROGER VAILLANCOURT
HELEN EMICK GARY WINGER
Dave Stapleton, Attorney
Others Present: Susan Hayden
Mr. Levesque brought the hearing to order at 7:00 PM
On a motion made by Mr. Levesque, seconded by Mrs. Emick, and none being opposed, the minutes of the 4/25/2018 Hearing were adopted unanimously as presented by the Town Clerk.
Mr. Stapleton swore in all who expressed intent to speak regarding the applications.
- Mark & Christina Akam requesting a Height Variance to construct a 6’ high fence (4’ allowed) in the AR District, at property located at 4956 Rt. 474, Ashville, NY, specifically Sec. 384.00-1-24.
Mr. Levesque stated that the Akam’s would not be present at the meeting due to a family emergency.
- Susan Hayden requesting a Special Permit to construct an in-ground swimming pool in the R-1 District, at property located at 3760 Lakeland Ave., Stow, NY, specifically Sec. 332.12-1-8.
Ms. Hayden said there is no way that you can swim in the lake where her home is located because the mud is up to your knees over 100’ out into the lake. She said they would like to install an in ground pool so the family can swim. The dimension of the pool is 26’ in diameter (with deck being approx. 30’). She said they have a fence 50’ from the shoreline and the pool will be located inside the fence area. Mr. Levesque asked how big the fence is. She said it is a 6’ chain link fence that also extends on both sides of the house. She said they are using an Echomaster sanitizer; UV ozone; cartridge filter all in an effort to keep the area safe. She said they are using a VFD on the motors in order to control noise pollution. Mr. Ortman asked how high the pool deck is. Ms. Hayden said it will be cement and about 16” above grade. Mr. Ortman asked how far the home patio will be from the pool. Ms. Hayden said about 4’. Mr. Levesque referenced Zoning Code Sec. 612. Swimming Pools – Private; A. Conditions: 1. Through 5. The board reviewed the conditions with the applicant.
- Fence: Ms. Hayden said the contractor felt the fence that already surrounds their property is adequate, and he felt it would satisfy code. Mr. Levesque said the pool must be entirely surrounded by safety fence that meets NYS Code. There was discussion that although the yard is fenced, the pool would still be accessible to anyone from inside the house with no safety barrier. Mr. Levesque said that issue would be referred to Mr. Lawson for clarification.
- Filtration System Noise: Ms. Hayden said she had discussed the plan with her neighbors and they have no objections. She said they are using VFD on the motors to minimize. She said it will probably be located in a small accessory building.
- Maintenance: Pool and accessory structures must be maintained. Ms. Hayden said they would comply.
- Drainage: Ms. Hayden said the filtration system does not require backwash, it uses charcoal filter.
She said their property is lower than either of their neighbors and it should not be an issue.
- Setback Requirements: Mr. Levesque said the pool must comply with setback requirements set forth in zoning. He said the current position of the pool is 10’ from the property line but that does not take into consideration the deck surrounding the pool for setback regulations.
Mr. Thomas said if the elevation of the lake is 1,310 feet and the pool is located 50-60’ from the shore isn’t it inevitable that the pool will at some point get flooded. Ms. Hayden said probably. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Stapleton asked about the 25% lot coverage rule and said by his calculations it should be alright, but this should be confirmed by Mr. Lawson.
Mr. Levesque motioned to grant a Special Permit to Susan Hayden to construct an in-ground swimming pool in the R-1 District, at property located at 3760 Lakeland Ave., Stow, NY, specifically Sec. 332.12-1-8, with the following conditions:
- Fence and security must comply with all NYS Codes (refer to Mr. Lawson)
- Pool must maintain 20’ property line side set backs
- Drainage issues must not create pooling on any properties and if so must be corrected by the applicant
- Dimensions of lot coverage must be reviewed by Mr. Lawson prior to construction
Mr. Ortman seconded, and the motion was carried unanimously.
The hearing was adjourned at 7:30 PM.