TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WED., 6/24/2020 7:00 PM
ZBA MEMBERS PRESENT: Jim Levesque Helen Emick
Dan Thomas Will Ortman
Johnathan Henck Greg Michalak
Brad Lawson, Zoning C.E.O.
Dale Robbins & Kelly Johnson, Attorneys
Others Present: Ray McGill Bob Kanouff
Nolan Calhoun Leonard Ramsey
Clayton Emick Jeff DeLucia (NB&C for Verizon Wireless)
Mr. Levesque opened the hearing at 7:00 PM.
Mr. Levesque motioned to adopt the minutes of the 2/26/2020 ZBA Hearing as presented by the Clerk. Mr. Ortman seconded. YES (7): Levesque, Emick, Thomas, Henck, Michalak, Ortman, and Vaillancourt. NO (0). The motion was carried unanimously.
Mrs. Thomas said that NYS requires 4-hour training each year for ZBA members to serve on that board. She said she has emailed information to all on webinars being offered by Southern Tier West and other entities that can be used to satisfy the training hours. She said due to Covid 19, STW Fall Planning and Zoning Conference training will be done via webinar / online classes.
Johnathan Henck was introduced as the newest member of the Zoning Board and was sworn in by the Town Clerk at which time he assumed his seat on the board.
Attorney Robbins swore in all who expressed intent to speak regarding the cases before the board.
- Andrew Lesiw requesting a Special Use Permit to construct a roof over a camper at Lakeside Campground (Robert Kanouff, owner), located at 3280 Hadley Bay Road, specifically Sec. 332.20-1-35.
Mr. Kanouff stated he would be representing Mr. Lesiw. He said Mr. Lesiw would like to construct a 32’x21.3’ roof over a travel trailer and deck at Lot #64 in Lakeside Campgrounds. Mrs. Emick asked if the shed on the property would be removed. Mr. Kanouff said yes it would. Mr. Henck questioned what the campgrounds actual use is (i.e. campground, mobile home park, etc.). There was discussion of the type of system for septic currently used in the camp. Mr. Levesque provided some background on the campground and its history with the ZBA. He also stated that if a site is abandoned, the owner or Mr. Kanouff must remove the roof structure at that time. Mr. Lawson said basically it is an RV Park. He said many years ago people had constructed many permanent additions onto their campers and created habitable space. He said that practice has stopped because of the building codes and this type of roof over practice has taken its place. Mr. Ortman stated that he is a member of the South & Center Chautauqua Lake Sewer District Board and explained that construction of a sewer district will begin in 2021 that will cover the campground. Mr. Kanouff said the campground lots have a 275 gal. tank under each trailer that must be pumped out periodically and they are tested and reviewed by the County DOH each year. Mr. Kanouff stated that to be compliant the campground will have to hook up to the sewer. Mrs. Emick reminded Mr. Kanouff to make sure the Lot number is visible on the site. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant a Special Use Permit to Andrew Lesiw (property owner Robert Kanouff, Lakeside Campground) to construct a roof over a camper and deck as outlined in these minutes and the application, at property located at Lot #64, 3280 Hadley Bay Rd., specifically Sec. 332.20-1-35. Mr. Thomas seconded. YES (7): Levesque, Emick, Thomas, Henck, Michalak, Ortman, Vaillancourt. NO (0). The Motion was carried unanimously.
- Leonard J. Ramsey requesting a Special Use Permit to construct a porch and roof over a camper at Lakeside Campground (Robert Kanouff, owner), located at 3280 Hadley Bay Road, specifically Sec. 332.20-1-35.
Mr. Ramsey explained that he wished to do much the same as Mr. Lesiw except his roof over trailer and deck will be 20’x35’and located on Lot #110. Mrs. Emick noted that there was an open refrigerator located outside on his lot and many others in the campground and stated this is a dangerous situation. Mr. Lawson said that NYS Property Law requires that all outdoor refrigerator doors be “secured”. There was discussion about safety issues, especially with children. Mr. Kanouff said the rule is that outside appliances of this nature be padlocked. Mr. Lawson said he would send a letter of Violation to Mr. Kanouff outlining the law to present to his tenants with emphasis on compliance. Mr. Levesque asked if there were any questions regarding the application.
Mr. Levesque motioned to grant a Special Use Permit to Leonard Ramsey (property owner Robert Kanouff, Lakeside Campground) to construct a roof over a camper and deck as outlined in these minutes and the application, at property located at Lot #110, 3280 Hadley Bay Rd., specifically Sec. 332.20-1-35. Mrs. Emick seconded. YES (7): Levesque, Emick, Thomas, Henck, Michalak, Ortman, Vaillancourt. NO (0). The Motion was carried unanimously.
- Noel Calhoun (property owner Ray McGill) requesting an Area Variance to build a new home on a sub-standard lot size which does not meet Zoning Code requirements set forth in Sec. 405 at property located on Wells Bay Rd., specifically Sec. 332.11-1-22.4.
Mr. Calhoun said he wants to purchase property from Ray McGill on Wells Bay Road subject to a variance request because the lot size is substandard. He said he wants to build a 1,200 sq. ft. ranch style home on the property. Mr. Henck said according to Chautauqua County Maps the lot size is 32,409 sq. ft. (40,000 is required). Mr. Lawson said the lot currently has a sand filtered septic system approved by the County Department of Health (DOH). It was noted that there is currently no well and well to septic setback must be at least 200’. Mr. McGill indicated that the DOH has already advised him where the well should be located to satisfy that requirement. Mr. Michalak asked if the setback requirements of 50’ front and rear and 20’ on sides would be met. Mr. Calhoun said yes. Mr. Levesque said the drawings do not meet the requirements of the board and actual drawings to scale should be submitted to the Zoning C.E.O prior to construction. In the representative drawings which are not to scale the house appears to meet all set back requirements. Mrs. Emick noted that because of the angle of the property line, the house may not be located on the lot where the representative drawings indicate setbacks. Mr. Levesque stated that the dimensions and setbacks as shown in the site plan drawings must be met. Mr. Lawson said as long as setbacks are met, there should not be a problem as the application is for a lot size variance. Mr. Ortman noted that the drawings do not clearly note the location of the septic system. Mr. Lawson read into the record Zoning Code Section 505 – Existing Substandard Sized Lots:
The minimum area requirements specified for each type of allowed use shall not prevent the construction of an allowable use on a substandard sized lot less than 2 acres in size which existed and was officially recorded at the time of enactment of this Zoning Law if the following conditions are met:
- At the time of enactment of this Law, the substandard lot was not contiguous with another lot in the same ownership (see Section 502 – Contiguous Parcels).
- The substandard lot is not less than 75% of all of the applicable standards, and
- The County Health Department approves the lot where there are municipal utilities.
- If subsection “B” above cannot be met but subsection “C” above has been accomplished, then the applicant can request an Area Variance from the Zoning Board of Appeals (Refer to Variance Section 904).
Mr. Levesque reviewed with the board Zoning Code SECTION 904 – Use and Area Variances; C. Area Variances 2. Items (a) – (e) with the following responses: (a) no (b) yes (c) yes (d) no (e) yes.
Mr. McGill signed the application which had not been signed previously. Mr. Lawson was also given a copy of the signed contract between the seller and owner. Mr. Robbins said the sale contract should be appended to the application. Mr. Levesque asked if there were any questions regarding the application. Mr. Ortman reminded the board that 40,000 sq. ft. is the established size for a buildable lot. He asked Mrs. Thomas if adjacent property owners had been advised of the request. She said yes.
Mr. Levesque motioned to grant an Area Variance to Noel Calhoun (property owner Ray McGill) to build a new home on a sub-standard lot size as outlined in the application and these minutes which does not meet Zoning Code requirements set forth in Sec. 405 at property located on Wells Bay Rd., specifically Sec. 332.11-1-22.4. Mr. Michalak seconded. YES (4): Levesque, Thomas, Michalak, Vaillancourt. NO (3): Henck, Ortman, Emick. The Motion was carried.
- Verizon Wireless/Darryl Gresham (Agent) requesting a Special Use Permit for Colocation of New Antennas on an existing tower at property located at 6396 Randolph Rd., Specifically Sec. 382.00-1-57.
Jeff DeLucia of NB&C, Agent for Verizon Wireless (VZW) appeared in the absence of Mr. Gresham. He said VZW would like to collocate equipment (including 6 antennas) on the existing tower as noted above and in the application. It was noted that the application includes an engineer study by the owner American Tower. Mr. Levesque asked if there are any questions regarding the application. Mr. Levesque said the town had spent many months on the initial process of installing the towers at Tri-James and Randolph Road and part of the conditions for granting the variances for height was encouragement of collocation on towers as opposed to building new ones. Also, it was a condition that the town must be advised of any changes, collocations, etc. in the future.
Mr. Levesque motioned to grant a Special Use Permit to Verizon Wireless (VZW) to collocate new equipment/antennas as outlined in the application and these minutes on property located at 6396 Randolph Rd., Specifically Sec. 382.00-1-57. Mr. Ortman seconded. YES (7): Levesque, Emick, Thomas, Henck, Michalak, Ortman, Vaillancourt. NO (0). The Motion was carried unanimously.
On a motion made by Mr. Levesque, seconded by Mr. Thomas, and none being opposed, the hearing was adjourned at 8:20 PM.