TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 10/28/2020 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE DAN THOMAS
HELEN EMICK WILL ORTMAN
JONATHAN HENCK ROGER VAILLANCOURT
Brad Lawson, Zoning C.E.O.
Dale Robbins, Attorney
OTHERS PRESENT: David Rinaldo
Mr. Levesque brought the hearing to order at 7:00 PM. He noted the following additions/corrections to the application: 1) addition of 367. to the lot parcel ID and 2) addition of lot size coverage to the variance request.
Mr. Robbins swore in all who expressed intent to speak regarding the application.
Mr. Thomas motioned to adopt the minutes of the 10/28/20 ZBA Hearing as presented by the Clerk. Mr. Ortman seconded. YES (6): Emick, Henck, Vaillancourt, Ortman, Thomas,Levesque. NO (0). The motion was carried.
- David & Mary Rinaldo requesting Area Variances for side and roadside setbacks to construct a 21.4’ x 26’ garage in the C-1 District at property located at 54 Loomis Bay Rd., Specifically Section 367.15-1-22.
Mr. Rinaldo said his father had built the cottage after WWII on land leased from Ed Loomis. He said the property had been passed to him many years ago and is an important place to him and his family. He said currently the only storage is a small shed and most of their summer equipment, etc. is stored outdoors. He said they would like to remove the small shed and build the requested garage for storage of sailboats; lawn furniture; ladders; lawn mower; etc. He said the garage would solve their aesthetic and storage issues. He said they had hired an architect and the building would be professionally designed. He said they are one of two properties located there that do not have garages and feels it will be an improvement and in character with the rest of the neighborhood. He said many of the cottages have pole barns located across the road. He said the roof on the cottage is 15’ and the roof on the garage would be 13.7’, in line with other cottages. He said they would like to start construction in the spring. He said as far as setbacks, both of his neighbors are in support of the application. He said the current shed is on the property line and the side setback of the new structure to the west would be 5’. He noted that there is a public sewer line easement that goes north and south of the property. Mr. Levesque said he noticed on the plans there is a sewer lateral line and asked Mr. Rinaldo if his plan is to hook the lateral to the garage. Mr. Rinaldo said yes, they would like to do that. He said they do not have a washer/dryer in the house, and they would like to have that in the garage as well as a bathroom. Mr. Levesque asked Mr. Lawson if any other plans had been submitted as he is looking for drainage; runoff; etc. Mr. Lawson said he has a larger set of drawings but has not been able to locate them since the move to the new building 10/21/20. Mr. Rinaldo said there would be gutters on the garage and they would like to run them south to the roadside and the water would flow to a swale that is located near a boat launch. Mrs. Emick asked what the drop to the swale is. Mr. Rinaldo said not a lot; maybe ¼ ʺ per foot. Mrs. Emick asked if water ponds there now when there is a large rainstorm. Mr. Rinaldo said it does not. Mrs. Thomas said Bruce Davey who is a neighbor had called and stated he supports Mr. Rinaldo’s project. Mr. Levesque noted that the site plan does not provide measurements, setbacks, on the existing cottage in relation to the garage and there are also measurements on the garage excluded as well. He said this prevents determining if there are additions being made to the encroachments that already exist. There was discussion of the approximation of the setbacks on the cottage. Mr. Thomas asked if there were any covenants for the Loomis Bay Subdivision. Mr. Rinaldo said none that he is aware of. Mr. Lawson agreed. Mr. Henck asked if the 21.4’ width is necessary on the garage and asked if his needs could be met with something smaller. Mr. Rinaldo said his neighbors are fine with the setbacks on either side and this is what would meet their needs.
Mrs. Emick asked what the percentage of lot coverage is. Mr. Lawson said his estimate based on an approximate lot of size of 6,020 sq. ft.; coverage of house and garage is about 1,768 sq. ft. (25% would be 1,500 sq. ft.) so it is slightly over the allowed lot coverage. Mr. Henck asked if Mr. Rinaldo was trying to increase living space with the garage structure. Mr. Rinaldo said not at all. He said the cottage has only one bathroom and when the family/guests get together that can be a problem. He said the small bathroom would open into the garage and there is absolutely no intent to create living space. There was discussion of parking spaces. Mr. Ortman asked if he would consider making it narrower and longer. Mr. Rinaldo said if they make it longer, they lose the recreational portion of their lawn.
Mrs. Emick noted that in the C-1 District the maximum lot coverage is 20%. This was discussed further, and it was determined that the coverage is still over.
Mr. Levesque asked if anyone wished to speak regarding the application. He reviewed with the board Article IX, Section 904 Use and Area Variances, D. Use Variances 3. a) no b) no c) yes d) no e) yes.
Mr. Levesque motioned to grant Area Variances to David and Mary Rinaldo for lot size coverage; side and roadside setbacks to construct a 21.4’ x 26’ garage in the C-1 District at property located at 54 Loomis Bay Rd., Specifically Section 367.15-1-22 with the following conditions:
- No bathroom shall be installed in the garage
- Location of the well on his property belonging to the neighbor must be identified on plans
- No habitable space to be created
Discussion: Mr. Lawson asked if the laundry room was to be allowed.
Mr. Levesque said yes, but no bathroom.
Mr. Thomas seconded. YES (2): Levesque, Thomas. NO (4): Emick, Ortman, Henck, Vaillancourt. The request was denied.
On a motion made by Mr. Levesque, seconded by Mr. Vaillancourt and none being opposed, the hearing was adjourned at 7:46 PM.