TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 1/27/2021, 7:00 PM
ZBA MEMBERS PRESENT: JAMES LEVESQUE HELEN EMICK
GREG MICHALAK WILL ORTMAN
DAN THOMAS ROGER VAILLANCOURT
Brad Lawson, Zoning C.E.O.
Dale Robbins, Attorney
Others Present: Mary Beth Meredith
Mr. Levesque brought the hearing to order at 7:00 PM. Mr. Robbins swore in all who expressed intent to speak.
On a motion made by Mr. Levesque, seconded by Mr. Thomas, and none being opposed the minutes of the 10/28/20 hearing were adopted as presented by the Town Clerk.
- Scott and Mary Beth Meredith requesting a Special Use Permit to use an existing 14’x16’ structure for the sale of crafts at property located in the AR District at 2010 S. Maple, specifically Section 384.15-1-30.1.
Mr. Levesque noted that Mrs. Meredith had appeared before the board previously for the operation of a painting class studio at the same property. Mrs. Meredith said the painting classes are going very well but she is running out of room in the studio for the crafts she makes and would like to sell her overflow stock in the small shed as requested. Mr. Levesque asked if the shed already exists. Mrs. Meredith said yes. Mr. Levesque asked if it has electricity. She said yes and she is currently remodeling it. There was discussion that the limit on structures is not applicable in this case, as it is in the AR District. Mr. Levesque asked if there had been any complaints from residents regarding the current studio. Mr. Lawson said no. Mrs. Emick asked about parking. Mrs. Meredith stated that more than 10 vehicles can park on the circular driveway. Mr. Levesque noted that the application lists the use as overstock crafts and “possibly some antiques”. There was lengthy discussion of this and it was established that she does not intend to operate an antique shop but might incorporate small pieces with her work. Mr. Thomas asked if the building would stay in its present location. Mrs. Meredith said yes. She said the hours would be limited to daytime 3-4 hours, possibly 2-3 days per week; no evenings as those are class times. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque reviewed Zoning Code Section 904 Use and Area Variances; D. Use Variance; Items 1.,2., and 3. a.) no b.) yes c.) no d.) yes.
There was lengthy discussion about conditions:
- Can restrictions be placed on any further expansion of this business?
- Concern about any expansion into an antique store
- Board can require applicant to come back before them if any change in plan/use of structures
Mrs. Meredith said she had no objection to the board removing the statement (“Possibly some antiques as well”) from the application. After discussion and with the approval of the applicant it was decided that statement will read “Possibly some accessory antiques as well”.
Mr. Levesque motioned to grant a Use Variance to Scott and Mary Beth Meredith to use an existing 14’x16’ structure for the sale of crafts at property located in the AR District at 2010 S. Maple, specifically Section 384.15-1-30.1 as outlined in these minutes and the application with the following condition:
- Any alteration/expansion of current use must come before the board of appeals.
Mr. Ortman seconded, and the motion was carried unanimously.
Mr. Levesque said the following application had been heard and denied at the 10/28/20 ZBA hearing:
- 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. Levesque said we have received a letter from Ms. Becerra, Attorney for Mr. Rinaldo requesting a re-hear based on new information on the correct lot square footage which was incorrectly given at the previous hearing. Mr. Levesque said the board must vote unanimously in favor of a re-hear in order for this to happen. Mr. Robbins concurred and said that is in accordance with Section 267-a., Subdivision 12 of Town Law. The decision of the board on the application at the re-hear would also have to be unanimous. Mrs. Emick asked if it could be required that the applicant bring a new survey for the re-hear. Mr. Robbins said he could certainly send a letter to their attorney suggesting they provide this. There was lengthy discussion and the board felt the applicant should be allowed the opportunity to provide any new information which might affect a decision. Mr. Lawson said when he speaks to applicants who will appear before the board, he discusses with them very extensively what should be brought to the board. He said he had hastily done the calculations based on the GIS map for lot coverage prior to the previous meeting because they had not been provided. He said he feels the board should re-hear based on any concern regarding miscalculation of lot size even though the applicant did not provide sufficient information regarding lot size, coverage, and setbacks.
Mr. Robins agreed to notify the Rinaldo’s Attorney of the re-hear and request a licensed survey showing locations of current as well as proposed structures and setbacks.
Mr. Levesque motioned to approve a request for a re-hearing of the application of David & Mary Rinaldo dated 10/28/2020 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 as outlined in the application and these minutes. Mr. Thomas seconded, and the motion was carried unanimously.
On a motion made by Mr. Levesque, seconded by Mr. Vaillancourt, and none being opposed the hearing was adjourned at 7:55 PM.