TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 8/22/2018, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE HELEN EMICK
WILL ORTMAN DAN THOMAS
DAVID HUMPHREYS ROGER VAILLANCOURT
Dave Stapleton, Attorney
Others Present: Wayne Miller Chester Byler Daniel Byler
Nate Miller John Byler Tom Kirchmeyer
Steve Glatt Keri Belvorac
Mr. Levesque opened the hearing at 7:02 PM.
Mr. Thomas motioned to adopt the minutes of the 6/27/18 ZBA Hearing as presented by the Town Clerk. Mr. Humphreys seconded, and the motion was carried unanimously.
Mr. Stapleton swore in all who expressed intent to speak regarding the cases before the board.
- Steven Glatt requesting a Height Variance to construct a 48’x30’ garage with a height of 18.9’ (16’ is allowed) in the R-1 District at property located at 5107 Cheney Point Rd., Specifically Sec. 350.13-2-50.
Mr. Glatt said he would like to construct a 30’x48’ 3 bay garage on his property for storage. He said the reason for the height of 18.9’ is so that his boat will fit into it. The board reviewed Mr. Glatt’s plans. He said another reason for the height is so that he can match the house height which is approximately 22’ tall. Mr. Levesque asked if anyone wished to speak regarding the application. The board reviewed Zoning Code Section 904 Use and Area Variances; C.2. questions a.) no; b.) no; c.) no; d.) no; e.) yes.
Mr. Levesque motioned to grant a Height Variance to Steven Glatt to construct a 48’x30’ garage with a height of 18.9’ (16’ is allowed) in the R-1 District at property located at 5107 Cheney Point Rd., Specifically Sec. 350.13-2-50. Mrs. Emick seconded, and the motion was carried unanimously.
- Thomas Kirchmeyer (Re-hear: Ref. ZBA minutes 6/27/18) requesting Area Variances for height; lot coverage; and setbacks; to construct a garage in the R-1 District at property located at 2972 Chautauqua Ave., Specifically Sec. 350.17-1.16.
Mr. Kirchmeyer said after the 6/27/18 hearing he and the architect had modified the garage plan. He said they had scaled back the size of the 2-car garage to a 1 ½ car garage. The stairs were also moved to the left side of the structure. Ms. Belvorac said the actual building meets the 10’ setback on both sides but with the addition of stairs on both sides the setback on the southwest side of the structure is 6.5’ from the property line and 6.5’ on the northwest side. She said on the roadside the structure will be 22.7’ from the property line on one side and 32’ on the other. Mr. Thomas noted there were 4 specific questions from the previous hearing: 1) what the applicants deed indicates in relation to the traction line and neighboring ROW; 2) number of variances requested; 3) copy of septic system certification 4) storm water drainage plan. Mr. Stapleton said Mr. Lawson would deal with the storm water drainage plan. Ms. Belvorac said they had discussed using dry wells for gutter drainage and Mr. Lawson would have to approve the design. Lot coverage was discussed, and Ms. Belvorac said the building size had been cut down to 20’ x 24’. It was noted that the owner did bring a copy of the deed and on short review nothing negative was noted. The board reviewed previous minutes and the current information available. Mr. Levesque asked if anyone had any questions regarding the application. The board reviewed Zoning Code Section 904 Use and Area Variances; C.2. questions a.) no; b.) no; c.) yes; d.) no; e.) yes. Mr. Humphreys asked Mr. Stapleton to speak to the abandonment of the Traction Company ROW and the conversion of those properties to the landowners. Mr. Stapleton said historically when the traction line was abandoned, the properties reverted to the landowners although there is still a National Grid easement that runs through the center and prevents construction under those lines without permission.
Mr. Levesque motioned to grant Area Variances as follows to Thomas Kirchmeyer to construct a garage in the R-1 District at property located at 2972 Chautauqua Ave., Specifically Sec. 350.17-1.16
Setbacks on the north and south side of the building will be no closer than 6.5’ (10’ allowed) to property line
- Lot coverage is approximately 31% (25% allowed)
- Applicant is required to submit storm water drainage plan to Zoning C.E.O. for approval
- Approved septic certification supplied to Zoning C.E.O.
Mr. Ortman seconded, and the motion was carried unanimously.
- Wayne Miller requesting Area Variances for height and side setback to construct a 44’x56’ garage at property owned by Daniel A. Byler located in the AG District at 7175 Sherman-Stedman Rd., Specifically Sec. 330.00-1-1.
Mr. Miller said he would like to construct a 44’ x 56’ storage shed on property owned by Daniel Byler. He said it will be used as a shop/storage for boat; buggy; firewood and maybe church meetings. He stated his intent is to purchase the entire property from Mr. Byler in the future. He said there is no intent to use the building in any commercial manner. Mr. Miller said the reason it is so close to the side is because of the driveway and its accessibility to the building. He said he could move the garage over 4’ to meet the 10’ required setback. Mr. Stapleton said the question to be answered is in the nature of the use: is it a non-residential accessory use with setback of 50’ or a single-family accessory use with setback of 10’. The board discussed the issue at length and determined that it should be viewed as single family accessory use because of the nature of the use. Mr. Levesque asked if anyone had questions regarding the application. Mrs. Emick asked if the variances would be granted to the owner or the applicant. Mr. Levesque said the owner. This variance will be transferable one time to Mr. Wayne Miller. The board reviewed Zoning Code Section 904 Use and Area Variances; C.2. questions a.) no; b.) yes; c.) yes; d.) no; e.) yes.
Mr. Levesque motioned to grant an Area Variance to Daniel Byler to construct a 44’ x 56’ storage building with a height of 23’ which is higher than allowed in zoning at property located in the AG District at 7175 Sherman-Stedman Rd., Specifically Sec. 330.00-1-1 with the following conditions: 1) Variance will be transferrable once to Mr. Miller 2) 10’ side setbacks required by zoning will be met. Mr. Vaillancourt seconded, and the motion was carried unanimously.
On a motion made by Mr. Thomas, seconded by Mrs. Emick and none being opposed, the hearing was adjourned at 8:50 PM.
Nancy Thomas, Town Clerk