TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WED., 9/26/2018, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE HELEN EMICK
WILL ORTMAN DAN THOMAS
DAVID HUMPHREYS ROGER VAILLANCOURT
GREG MICHALAK Dave Stapleton, Attorney
Brad Lawson, Zoning C.E.O.
Others Present: Michael Peccia Mr. & Mrs. Charles Halle
Mr. Levesque called the hearing to order.
In the absence of the Clerk, Mrs. Emick graciously agreed to take minutes of the hearing.
Mr. Stapleton swore in all who expressed intent to speak regarding the application before the board.
Mr. Ortman motioned to adopt the minutes of the 8/22/18 hearing as presented by the clerk. Mr. Humphreys seconded, and the motion was carried unanimously.
- Michael & Kimberly Peccia requesting Area Variances to construct an addition closer to side setbacks than allowed in the R-1 District at property located at 3618 Watson Rd., Stow, Specifically Section 332.16-1-21.
Mr. Levesque asked Mr. Peccia what he wished to do. Mr. Peccia said he would like to put a 15’ x 26.5 addition onto the road side of his home with an enclosed covered porch that will be another 4’ x 10’. Mr. Levesque noted that the home is slightly angled on the lot so the setback of the addition on the north side (Wilson property) will be approximately 1’ from the property line and approximately 4.6’ on the south side setback. The enclosed porch is 5.6’ on the south side and 3.9’ on the north side. Mr. Peccia said he would like to move the carport and shed further toward the roadside. Mr. Thomas asked what size the carport is. Mr. Peccia said it is 10’x 8’. Mr. Thomas said that is still under the 25% lot coverage allowance. Mr. Lawson said in 2012 (ref. 9/26/12 ZBA minutes) Mr. Peccia came before the board and was approved for a 10’ addition, but that work was never done. There was further general discussion. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Halle a neighbor to the south stated they have no objections to Mr. Peccia’s plans. Mr. Peccia said they would install gutters that would drain to the lake. Mr. Lawson said drainage to the lake is no longer allowed and a water garden/dry well will need to be installed in the drainage plan. Mr. Lawson also noted that if the carport is moved that would also need to be brought to the board as if it were a new structure unless it meets all setbacks. Mr. Peccia said he would leave the carport where it is. It was discussed that if the shed is moved, it would need to maintain the 5’ setback for accessory use structure and the roadside setback of 50’. Mr. Lawson noted that on the Application for Area Variance Mr. Peccia had answered Section VIII. Considerations: question A. “no”. He indicated that answer should be “yes”. 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. Levesque motioned to grant Area Variances to Michael & Kimberly Peccia to construct an addition closer to side setbacks than allowed in the R-1 District at property located at 3618 Watson Rd., Stow, Specifically Section 332.16-1-21 as outlined in the application and in these minutes. Mr. Humphreys seconded, and the motion was carried unanimously.
The hearing was adjourned at 7:25 PM.
H. Emick/N. Thomas
