TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 8/26/2020 7:00 PM
ZONING BOARD PRESENT: JIM LEVESQUE HELEN EMICK
DAN THOMAS GREG MICHALAK
WILL ORTMAN JONATHAN HENCK
Brad Lawson, Zoning C.E.O.
Dale Robbins & Kelly Johnson, Attorney’s
OTHERS PRESENT: Scott Williams Joseph Fafalios
Keri Belovarac Dan Mangione
Richard & Sonja Stahlman Elaine & Don Bogus
Mr. Levesque opened the hearing at 7:00 PM.
Mr. Robbins swore in all who expressed intent to speak regarding the applications.
Mr. Levesque motioned to adopt the minutes of the 7/22/2020 ZBA Hearing as presented by the Town Clerk. Mr. Thomas seconded, and the motion was carried unanimously.
Mr. Levesque recognized that all board members had received in their packages an updated copy of the Lakeside Campground map effective 7/23/20.
- Scott Williams requesting an Area Variance to build a new home closer to side setbacks than allowed on a sub-standard lot size which does not meeting Zoning Code requirements set forth in Sec. 405 at property located at 3051 Chautauqua Ave., specifically Sec. 350.13-2-38.
Mr. Williams said the property has been his family for approximately 50 years. He said they would like to replace the existing garage/apartment. He said 20 years ago the county (corrected to NYS DOT as they are responsible for Rt. 394) had come through and dredged the ditches on Rt. 394 and created a situation where water drains across the highway and had created a stormwater runoff situation to the small creek that runs behind their current garage causing flooding into it. There was discussion of the moisture left from many flooding’s that has caused the building to deteriorate. He said the support beams on the second floor are crumbling and at this point is a safety issue. He said after consulting with his Architect, Keri Belovarac, they found that the proposed sewer line extension will come down Chautauqua Ave. and will be located about 3 inches in front of the existing garage door. He said there were prior discussions with Mr. Lawson regarding the new build and grandfathering it on the footprint of the old garage. He said because of the planned sewer line extension, they were hoping to move the garage further back on the property which puts them out of grandfather status and that is the reason they are requesting the variances for lot size and side setbacks. He noted that the property on Spring St. is contiguous to the garage property and they have not intention in the future to rent the garage/apartment to anyone. It is for family use only.
Mr. Lawson noted that the lot on Spring St. is a separate lot from the garage lot and is not contiguous even though it shares a property line with the other. Mr. Williams clarified they have 4 lots; 2 on the lake 350.13-2-16 & 17; 1 on Spring St. 350.13-2-36 and the garage lot, as noted in the application, which fronts Chautauqua Ave. Mr. Williams said they would also like to raise the foundation about 6-12”. He said they have excavated where the clay tile drainage systems is and put in a retention basin which has helped with the amount of water that runs through the garage, but they are still concerned about new flooding and whether the size of the current basin will handle a large rain storm. Mr. Lawson concurred that the NYSDOT work on Rt. 394 caused a lot of water issues for the people downhill. He said the town has also tried to mitigate the runoff as much as they are able. Mr. Williams said the town had put rip wrap in the ditches which significantly slowed the flow and improved the situation. Mrs. Emick asked what the height of the structure will be. Ms. Belovarac said the height of the structure will be 31’ (primary structure height allowed is 32’). It was noted that Chautauqua Ave. is a private road maintained by the residents there. Mr. Henck asked if there was any garage space on the 2nd lakefront properties. Mr. Williams said no. It was clarified that the garage/apartment will be a separate lot with a primary structure on it. It was discussed that the proposed structure will be about 40% larger than the existing structure. Mr. Williams said they had increased the size to meet the Zoning Code requirement of 1,000 sq. ft. minimum. Mr. Henck noted that Zoning calls for a lot size of 40,000 sq. ft. and the lot is only about 6,000 sq. ft. Mr. Williams said he would like to have the garage attached to the house at 3052 but he has a 24” clay tile that is 6” from the foundation of the home and is sandwiched between his septic tank and the house. It was discussed if Mr. Williams consolidated the garage lot and the Spring St. lot, he would have approximately 25,000 sq. ft. Ms. Belovarac said they went with exactly 1,000 sq. ft. on the lower level so they would not have to ask for an additional variance and the second story is 1,200 for the same reason. Ms. Belovarac said the specific setbacks requested are for the lot size which is 119.79’ length x 50.05’width and the side setbacks of 12.1’ on north side and 12’ on south side. She said the roadside setback is 50’ and the rear setback is 54’. Mr. Williams identified the location of the freshwater holding tank and septic tank (located right off the rear of the garage) on the property. Mr. Levesque asked Mr. Robbins if the board could request the applicant connect the Spring St. property and the property in question to establish a more conforming lot size. Mr. Williams said the Spring St. property is not really a buildable lot because there are about 10 artisian springs in the center of the property. There was discussion of delaying the project until a firmer date of sewer extension completion is established. Mr. Ortman said currently the plan is to go to bid on the extension in Spring 2021 and to begin construction by May 2021. Mr. Ortman said the county is working with homeowners and in some cases, they are allowing them to install a holding tank with an alarm until the sewer lines are completed. Mr. Williams said he had hoped to wait to build until the sewer goes through but at this time, they are exploring options and he does not have any hard date for starting the project. Mr. Levesque asked if anyone wished to speak regarding the application. The Stahlman’s, neighbors since 1983 at 3044 Chautauqua Ave. stated that they have no objection to the project. The Bogus’, also neighbors since 2003, stated they fully endorse the project as presented and feel it will improve the area. Mr. Williams stated his preference would be to begin the project by May 2021. There was further general discussion of the building timeline as it relates to sewer options and approval. Mr. Lawson noted that the area variances go with the property.
Mr. Levesque motioned to grant Area Variances to Scott Williams to build a new home closer to side setbacks than allowed on a sub-standard lot size which does not meeting Zoning Code requirements as set forth in Sec. 405 at property located at 3051 Chautauqua Ave., specifically Sec. 350.13-2-38 and as outlined in the application and these minutes. Mr. Michalak seconded. Yes (6): Levesque, Emick, Thomas, Michalak, Henck, Vaillancourt. No (1): Ortman. The motion was carried.
- Joseph Fafalios requesting a Special Use Permit to replace an existing trailer with a new Manufactured Home, located at 2429 West Lake Rd.- Goose Creek Corp., specifically Sec. 384.07-1-15.
Mr. Lawson gave background on the Goose Creek Corporation. He said as you are going east on Rt. 394 when you cross the bridge at Goose Creek there is a dirt drive on the right which leads to Goose Creek Corporation lands which had previously been owned by the Scorse family and leased to the tenants. He said several years ago the tenants who had leases were able to purchase their lots and had come to the town board to request their assistance is establishing the Corporation. He said they developed a plat, had the lands surveyed and registered with the County and they filed their Covenants with the County Clerk. He said the lots stayed the same (existing sub-standard lots) but if anyone wished to improve their lots and they did not stay in the same footprint, they must come to the town for variances, etc.
Mr. Fafalios said his family had leased the property since the 1960’s and he had recently purchased it. He said mainly it was a fishing camp with a 1958 50’x10’ trailer on it that is in very bad condition. He would like to replace it with a 16’wide x 68’ long manufactured home. He said the area where his lot is located is secluded; has a private road maintained by the Corporation and cannot be seen from Rt. 394. He said mainly he is looking for more space and a safer structure. He said the Covenants do not allow for manufactured homes, only stick built. Mr. Fafalios provided further documentation in addition to his application. He gave the following setback measurements of the new home as you are facing it from the road: roadside approximately 40’; right side setback 17’; left side setback approx. 50-55’; rear setback approx. 50-55’. He noted that he is part owner of the lot on the left side. Mr. Fafalios also provided copies of emails from neighbors Mangione, Wolbert, and Wegrzyn stating they have no objection to the project. He also provided a letter from Mike Mangione, President of the Goose Creek Corporation, indicating the Corporation is in favor of the variance as it is an improvement to the aesthetics and safety of the lot. He said the County had dye tested all septic systems at the site in 2007 and there were no violations. He said the County plans to come 9/15 or 16/2020 and repeat the dye tests again. Mr. Mangione said in his conversation with the county he was told Mr. Fafalios will be required to dig up his tank and distribution box for the testing. Mr. Lawson said the test is mandated on the number of bedrooms and whether the system is big enough for it and they will be looking for seepage. Mr. Fafalios said he has until 9/16/20 to cancel the order if the variance is denied. He said if approved it will be installed the last week of October.
Mr. Levesque asked if anyone had any questions regarding the application. Mr. Henck said he had visited the site and could not find any addresses on the properties.
Mr. Levesque reviewed with the board Article IX, Section 904 Use and Area Variances, D. Use Variances 3. a) yes b) yes c) no d) no.
Mr. Levesque motioned to grant a Special Use Permit to Joseph Fafalios to replace an existing trailer with a new Manufactured Home at property located at 2429 West Lake Rd.- Goose Creek Corp. Lot #14, specifically Sec. 384.07-1-15 as outlined in his application and these minutes. Mrs. Emick seconded. Yes (7): Levesque, Emick, Thomas, Ortman, Michalak, Henck, Vaillancourt. No (0). The motion was carried.
On a motion made by Mr. Levesque, seconded by Mr. Michalak, and with none being opposed,
the hearing was adjourned at 8:15 PM.
Attorney Dale Robbins provided ½ hour educational training to the board on the MATTER OF DEAN v TOWN OF POLAND ZONING BOARD OF APPEALS
Nancy M. Thomas