TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 6/26/2018, 7:00 PM
ZBA MEMBERS PRESENT: Greg Michalak Dan Thomas
Helen Emick Will Ortman
Dave Humphreys Roger Vaillancourt
David Stapleton, Attorney
Brad Lawson, Zoning C.E.O.
Others Present: Keri Belvorac Tom Kirchmeyer
Robert Kanouff Jennifer Plauman
In the absence of Chairman Levesque, Mr. Michalak chaired the hearing.
Mr. Thomas motioned to adopt the minutes of the 5/23/18 ZBA Hearing as presented by the Clerk. Mrs. Emick seconded, and the motion was carried.
Mr. Stapleton swore in all who expressed intent to speak regarding the cases to be heard.
- Jennifer Plauman requesting a Special Permit to construct a deck and roof over a travel trailer on property owned by Robert Kanouff, Lakeside Campground, located at 3280 Hadley Bay Rd., Specifically Sec. 332.20-1-35 (Lot #92, Third St.).
Ms. Plauman said they would like to construct a roof over a travel trailer and new deck measuring 38’ x 21.8’. She said they would have rails on the deck but would not enclose it. Mr. Kanouff said he had no objection to the structure.
Mr. Michalak motioned to grant a Special permit to Jennifer Plauman to construct a 38’ x 21.8’ deck and roof over a travel trailer on property owned by Robert Kanouff, Lakeside Campground, located at 3280 Hadley Bay Rd., Specifically Sec. 332.20-1-35 (Lot #92, Third St.) with the following conditions:
- No habitable space created
- No enclosure of the space
Mr. Vaillancourt seconded, and the motion was carried unanimously.
- Thomas Kirchmeyer requesting Area Variances to construct a 625 sq. ft. garage closer to side and road setbacks and taller than allowed in the R-1 District at property located at 2972 Chautauqua Ave., Specifically Sec. 350.17-1.16.
Mr. Kirchmeyer said he is located on Chautauqua Ave. near Longview Ave. where the hill is located. He said he does not have a garage currently and has to walk down stairs to get to his cottage. He said some of his neighbors have garages constructed on the hillside and that is what he would like to do. He said his access to his home is through a stairway easement in his deed located on a ROW owned by Mr. Galante. It was discussed that the proposed new stairway setback starts right on the property line and tapers to about 2’ from the line. The other side setback is 9.7’. There was discussion of the old trolley car ROW and the fact that when it was abandoned the property went back to the owners. Mr. Stapleton said the issues with the traction company ROW is that historically it has been abandoned and ½ of each side goes back to the property owners except where there is a power line easement such as the one on Cheney Rd. Mr. Lawson said rear setback for accessory use is 10’; and height from median grade is 19.8’ (16’ is allowed). Mr. Michalak asked if drainage had been considered in the plans. Ms. Belvorac said there will be gutters on the garage which will run into a dry well. Concern was expressed about drainage issues and how they might affect neighboring properties. Mr. Lawson said the lot coverage is also a consideration. He said the lot is 7,420 sq. ft. with 25% being 1,855 sq. ft.; with the new garage the lot coverage would be in excess of the allowed 25% lot coverage at 2,173’ sq. ft. Mr. Thomas asked Mr. Kirchmeyer if the garage could be made smaller. Mr. Kirchmeyer said actually he had wanted it bigger, so he could store his pontoon boat. Mr. Humphreys asked if he had an easement in his deed for the stairs/walkway in the ROW owned by Mr. Galante. Mr. Kirchmeyer said he does not have his deed with him. There was discussion of a structure easement as opposed to a pedestrian easement and the possibility of locating the stairs on the other side of the garage. There was discussion of the septic which is located on the lake side of the house. Mrs. Emick asked if there was anyway to reconfigure the plan to make it more compliant. Ms. Belvorac said they could maybe shave another foot off the depth, but to make it usable they need to keep the width. Mr. Michalak asked the applicant if he wished to continue with the application or go back and work on a redesign (i.e. one and a half car garage narrower and deeper). Mr. Lawson said he would need a storm water drainage plan for the property. Mr. Ortman said even with the reduction in size he feels the lot coverage would still be over the 25%. Ms. Belvorac asked if they reduced the footprint of the garage would the board consider allowing the stairs to stay on the side currently proposed. There was further discussion as to whether or not the traction line property could be legally owned by the applicant and thus increase the size of his lot and effect the calculation for the 25% lot coverage. Mr. Michalak said there are a number of issues that need to be addressed:
- What the applicant’s deed indicates in regard to the Traction Line and the neighboring ROW
- Number of variances requested; sides; roadside; height; lot size coverage
- Copy of septic certificate from Chautauqua County Health Department
- Storm water drainage plan
Mr. Michalak motioned to table the application of Thomas Kirchmeyer requesting Area Variances to construct a 625 sq. ft. garage closer to side and road setbacks and taller than allowed in the R-1 District at property located at 2972 Chautauqua Ave., Specifically Sec. 350.17-1.16 for further information as outlined in these minutes. Mr. Humphreys seconded, and the motion was carried unanimously.
On a motion made by Mr. Thomas, seconded by Mr. Ortman and none being opposed, the hearing was adjourned at 7:45 PM.