TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS HEARING
WED., 10/23/2019, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE DAN THOMAS
GREG MICHALAK ROGER VAILLANCOURT
Brad Lawson, Zoning CEO
Dave Stapleton, Attorney
OTHERS PRESENT: Ray McGill Lori Fischer Kyle Crandall
The Hearing was opened at 7:00 PM. Mr. Stapleton swore in all who expressed intent to speak regarding the applications before the board.
Mr. Vaillancourt motioned to adopt the minutes of the 8/28/2019 meeting as presented by the Clerk. Mr. Levesque seconded, and the motion was carried.
- Kyle Crandall requesting an Area/Use Variance to build a fence higher than Zoning allows at property located at 2392 N. Maple Ave., Ashville, Specifically Sec. 367.00-2-21.
Mr. Crandall said he had a large barn constructed on his property on North Maple about a year ago (ref. ZBA meeting minutes 3/28/2018 at which he was granted a height variance to construct a 45’ x 50’ pole barn with a peak height of 24’ (18’ is allowed) to store their Recreational Vehicle’s and camper).He said currently he has 2 trailers and a “big foot” truck which was used for advertising for Ziebart Company which he previously owned parked outside. He said people are stopping by his house to take pictures, etc. of the truck and that is not good. He said he would like to build a 10’ tall stockade style fence by the barn to prevent the truck from being seen from the road. Mr. Thomas said the town had given him a variance for a very large barn and asked if the truck could be stored in that structure. Mr. Crandall said he could, but he does not drive it in the winter, and it would take up a lot of space in the building. He said he would put it on the other side of the building but there is a sloped bank and it would need a lot of excavation work to create a flat pad and would basically be in his front lawn. Mr. Crandall said that the fence will be 21’ x 21’ long in an “L” shape 90° angle with one 21’ section facing the road and the other 21’ section attaching to the barn. He said there will also be an 8’ section of matching metal siding fence 10’ high and 8’ wide on the windowed eaves side of the barn. Mr. Lawson said the fence is within setback requirements and the only issue is the height of the fence.
Mr. Stapleton asked if there was any type of business being operated in the barn. Mr. Crandall said no, he stores his personal belongings there. Mr. Crandall said he has text messages from his neighbors indicating they have no issue with the fence. Mr. Lawson said that the fence will be no closer than 3’ from the property line on the west side and the south side would be no closer than 5’. Mr. Thomas read into the record Zoning Code Sec. 904 C. Area Variances, 2. a) yes b) yes c) yes d) no e) yes. Question b) was discussed at length and the answer was based on the fact that there is room in the barn to store the truck even if the owner does not want to use the space in that manner. Mr. Levesque asked if the truck was licensed. Mr. Crandall said yes. Mr. Michalak asked if the fence would block any views. Mr. Crandall said no. Mr. Lawson said if the building were 5’ from the property line the board would have had to give a variance for that because the new section of the law for accessory structures detached would have required 10’. Mr. Lawson noted that if the board does not grant the variance, the owner can still legally park the vehicle in question on the property because it is licensed. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant an Area/Use Variance for height to Kyle Crandall to construct a 21’x21’ in length and 10’ high (4’ is allowed), wood stockade style fence and an additional metal siding 8’ section of fence on the opposite side of the barn in the R-2 District at property located at 2392 N. Maple Ave., Ashville, Specifically Sec. 367.00-2-21 as outlined in the application and these minutes with the following conditions:
1) finished side of fence must face out
2) setbacks from property lines of fence shall be a minimum of 5’ – 12’
Mr. Vaillancourt seconded, and the motion was carried unanimously.
- Raymond J. McGill requesting an Area/Use Variance to create a non-conforming lot width in the AR District which does not comply with Zoning Code Sec. 403 at property located at 3211 Route 394, Ashville, Specifically Sec. 349.00-2-6.1.
Mr. McGill said he owns a 40-acre property that has two homes on it, and he would like to sell one of the homes to Ms. Fischer. He said there is a deeded ROW for access and provided a copy of a survey map created by Rodgers Land Surveying dated 9/27/19 in which a 1.313 acre (1 acre is required) parcel measuring 131.38’ in width and 435.33’ in length will be split from the 40 acre parcel for the sale. Zoning Code Area Standards call for a lot width of 150’ in the AR District. Mr. McGill said he had purchased the Cave Family farmhouse (still existing) and property 22 years ago and torn down an existing barn on the property and constructed a new home on the lot in 1997 not knowing that it would create this obstacle in the future. The board reviewed a copy of the GIS map in order to establish where the proposed sale split is situated. Mr. Lawson referenced and Mr. Thomas read into the record Zoning Code Section 510 – B. Division of Lots – No lot improved with a building or buildings shall hereafter be divided into two or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each such division or sale and improved with a building or buildings shall not be less conforming to all the bulk regulations of the zoning district in which the property is located. However, any portion of a parcel may be removed if it is to be used with an adjacent parcel and the original parcel continues to conform to the bulk regulations. Mr. Lawson asked for clarification that the driveway that goes up between the houses and extends back into the field serves both houses and asked if it would be a deeded ROW. Mr. McGill said yes, it will be a deeded ROW and the Attorneys are handling that in the sale documents. Mr. Levesque asked Ms. Fischer if she understood that the ROW would be shared. She said yes. Mr. Lawson said the width of the sale lot is approximately 19’ short of the required 150’ but to increase that would make the farmhouse property width non-compliant. Mr. Thomas reviewed Zoning Code Sec. 904 C. Area Variances, 2. a) no b) no c) yes d) no e) yes. Mr. Levesque asked if there were any questions regarding the application. It was discussed by the board that extending the survey width to the required 150’ would create a non-compliant situation for the farmhouse property.
Mr. Levesque motioned to grant an Area/Use Variance of 18.62’ to Raymond McGill for lot width (required is 150’ and survey is 131.38’) in the AR District which does not comply with Zoning Code Sec. 403 at property located at 3211 Route 394, Ashville, Specifically Sec. 349.00-2-6.1, as outlined in these minutes and the proposed sale split survey map created by Rodgers Land Surveying dated 9/27/19. Mr. Michalak seconded, and the motion was carried unanimously.
On a motion made by Mr. Levesque, seconded by Mr. Thomas, and with none being opposed, the hearing was adjourned at 8:00 PM.