TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 7/22/2020 7:00 PM
ZBA MEMBERS PRESENT: GREG MICHALAK HELEN EMICK
DAN THOMAS ROGER VAILLANCOURT
BRAD LAWSON, ZONING C.E.O.
DALE ROBBINS & KELLY JOHNSON, ATTORNEY’S
OTHERS PRESENT: Robert Kanouff Howard & Barbara Peacock
In the absence of Mr. Levesque, Mr. Michalak chaired the hearing.
Mr. Michalak motioned to adopt the minute of the 6/24/2020 with the following correction: Pg. 2 calculations for lot size “according to Chautauqua County Maps”. Mr. Thomas seconded. YES (5): Michalak, Thomas, Emick, Vaillancourt, Henck. NO (0). The motion was carried.
Mr. Robbins swore in all who expressed intent to speak at the hearing.
- Cheryl A. Hinkle requesting a Special Use Permit to construct a deck and roof over a camper at Lakeside Campground Lot # 25(Robert Kanouff, owner), located at 3280 Hadley Bay Rd., specifically Sec. 332.20-1-35.
Mr. Kanouff owner of Lakeside Campground appeared to represent Ms. Hinkle. He said Ms. Hinkle would like to tear down a current roof over trailer and deck and build a new one. Mr. Michalak confirmed that the measurements of the new construction are 36’x21.6’. There was discussion between Mrs. Emick and Mr. Kanouff regarding the correct location of lot #25. Mrs. Emick said she had not been able to locate the lot in question. Mr. Michalak said the lot numbers have been an issue for quite some time and requested the map be updated within 30 days and a copy given to the Clerk. Mr. Kanouff agreed. Mrs. Emick said this is very important, especially for the Fire Department. Mr. Kanouff said one lot was supposed to have been eliminated and it did not occur and oriented all as to where the lot actually is. Mrs. Emick said there are also still lots with outdoor refrigerators that are not secured (#58 is locked; #69 and #110 are not locked). Mr. Michalak said this is Mr. Kanouff’s responsibility as camp owner and the situation must be addressed immediately for safety reasons. Mr. Lawson said they must be either removed or locked as outlined in Property Maintenance Law and NYS Code. Mr. Kanouff said he had spoken to 3 individuals about the refrigerators and they had indicated they would take care of the situation. He said he would speak to them again.
Mr. Michalak motioned to grant a Special Use Permit to Cheryl Hinkle (owner Robert Kanouff) to construct a roof over a camper and deck at Lakeside Campground Lot #25, located at 3280 Hadley Bay Rd., specifically Section 332.20-1-35 as outlined in the application and these minutes. Mr. Thomas seconded. YES (5): Michalak, Thomas, Emick, Vaillancourt, Henck. NO (0). The motion was carried.
- Charlie Herrington requesting Area Variances for road and side setbacks to construct an 18’x31’ metal building in the C-1 District at property located at 5519 Stow Rd., Specifically Sec. 332.00-2-4.
Mr. Herrington said he would like to construct an 18’x31’ metal building for storage on the west side of his property. Mr. Michalak said the building will be 37.5’ from the road edge (50’ is required) and 4’ from the side setback (10’ is required). Mr. Herrington said the roof will be 10’ tall at peak. He said the reason he could not move the building further back from the road is that there is a ravine in the rear of the property and it would require a lot of fill to build level. Mr. Peacock said he is Mr. Herrington’s neighbor and they do not have any issue with the project and feels it will not affect his property use in any way. Mr. Henck discussed the fact that if granted, a variance goes with the land and questioned how that might affect a future owner. There was discussion between Mr. Henck, Mr. Robbins and Mr. Lawson on the nuances of variances. Mr. Michalak read in to the record Zoning Ordinance Sec. 904 Use and Area Variances; C. Area Variances, 2. Items (a) through (f) with the following answers agreed upon: a) no b) no c) yes d) no e) yes.
Mr. Michalak motioned to grant Area Variances to Charlie Herrington for road and side setbacks to construct an 18’x31’metal building in the C-1 District at property located at 5519 Stow Rd., Specifically Sec. 332.00-2-4 as outlined in the application and these minutes. Mrs. Emick seconded. YES (5): Michalak, Thomas, Emick, Vaillancourt, Henck. NO (0). The motion was carried.
Mr. Thomas expressed concern about line of site for ingress and egress to the building as it is very close to the road. Mr. Herrington agreed it is an issue. Mr. Peacock said he had no objection to Mr. Herrington clearing some of the brush on his property to provide safe ingress/egress.
Mr. Robbins asked to speak to the board before adjournment regarding the subject of changing a board members vote which came up at last month’s meeting. He said he had researched the issue and a vote cannot be changed during the course of a roll call vote. He said the only way to possibly be able to do that would be if the town Zoning Board were to adopt its own rules and procedures for operation over and beyond the law already in existence through proscribed channels. He provided documents to the board members with information on this. There was further general discussion. Mr. Robbins also said it would be a very good idea for the Zoning C.E.O. to take an oath at the start of the hearing as he is also testifying.
On a motion made by Mr. Michalak, seconded by Mrs. Emick and none being opposed, the hearing was adjourned at 7:35 PM.
Nancy M. Thomas