TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 5/26/2021, 7: 00 P.M.
ZBA MEMBERS PRESENT: JAMES LEVESQUE GREG MICHALAK
WILL ORTMAN HELEN EMICK
JONATHAN HENCK ROGER VAILLANCOURT
Dale Robbins, Attorney
OTHERS PRESENT: Stephanie Gibbs Louis Ortman
Joshua Butts Mike Pfeil
Scott & Brenda Sampson
Mr. Levesque brought the hearing to order 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 4/28/2021 Zoning Board of Appeals Hearing as submitted by the Clerk. Mrs. Emick seconded. Yes (6): Levesque, Michalak, Ortman, Emick, Henck, Vaillancourt. No (0).
- William Ortman (re-hear see 4/28/21 mins.) requesting an Area Variance to construct a 32’x20’ extension on to a barn structure closer to the setback than allowed in Zoning Code Sec. 403 at property located in the R1 District at 3660 Watson Rd. Stow NY, specifically Sec. 332.16-1-5.
Mr. Ortman recused himself from the dais as he is representing himself in a variance request.
Mr. Ortman said the board should have the signed application in their packets. Mr. Levesque asked if anything changed since they spoke at last month’s meeting. Mr. Ortman said no. Mr. Levesque asked the board if they each had a signed copy. The board said they did.
2. Joshua Butts requesting an Area Variance to construct a 48’x72’ pole barn 24.10’ in height (18’ is allowed) in the AG District at 2472 Carpenter-Pringle Rd., Ashville, NY specifically Sec. 383.00-1-8.1
Mr. Butts said he would like to construct a 48’x72’ pole barn for storage and he need to make it 24.10’ in height to fit their tractors he said 14’ does not work. Mr. Butts said with the weather in the winter its not ideal to maintenance outside. Mr. Levesque asked if Mr. Butts will be using it for any public storage. Mr. Butts said it will only be for personal use and some of his parent’s farm use as well. Mr. Levesque asked if there was anyone that would like to speak regarding the application. Mrs. Emick asked if it was strictly storage and asked if there would be any water or sewage. Mr. Butts said there would be water incase of a fire. Mrs. Emick asked if there would be restrooms. Mr. Butts said no.
Mr. Levesque motioned to grant an Area Variance to construct a 48’x72’ pole barn 24.10’ in height in the AG District at 2472 Carpenter-Pringle Rd., Ashville NY specifically Sec. 383.00-1-8.1 as outlined in the application and these minutes. Mrs. Emick seconded. Yes (6) Levesque, Henck, Michalak, Emick, Vaillancourt, Ortman. No (0). The motion was carried.
3. Veracity Enterprise, LLC requesting a Special Permit to construct a 30’x160’ storage unit facility at Property located in the C-1 District at 3589 Rt. 394 Ashville, NY Specifically Sec. 332.11-1-22.1
Mr. Sampson said he owns 3 other storage facilities in Chautauqua County Ripley, Mayville, Westfield and the one in Stow. Mr. Sampson said the industry standard is if you have 75 percent occupancy you should build more. Mr. Sampson said they have been practically 100 percent full for the past couple years. Mr. Sampson said the units in stow there are no units available. He said he has requests from a lot of people, and they do not have room for them. Mr. Sampson said they are requesting to build a third building identical to the two that are already there. Mr. Levesque said it shows in the application that everything shows the same size and same set up. Mr. Leveque asked Mr. Sampson if he needed to add a little more drainage protection. Mr. Sampson said yes at the lower right-hand corner of the drawing there is a catch basin to slow it down should there be any runoff. Mr. Henck asked Mr. Sampson when they would begin construction. Mr. Sampson said right now it will probably be August or September. Mr. Henck asked Mr. Sampson how he would feel if they were to move his application back to the next meeting for reasons of people who wish to speak on this issue. Mr. Sampson said he would reject to that because it would create a situation and cost them more money because of prices of materials rising. Mr. Sampson said if they continue to put this off it will really be a hardship. Mr. Henck said he has spoke to neighbors and they have some concerns. Mr. Levesque said there are notices in the paper with plenty of notice and if they cannot make it, they need to send a representative or write a letter. Mr. Sampson said they would like to go ahead with the application. Mr. Levesque asked if the building would be visible between the lake, the residents, and the building. Mr. Sampson said no, and that it will look the same from the road. Mr. Levesque asked if there was a request for some shrubbery to block the view of the building is he willing to do so. Mr. Sampson said he has no problem with that, and they are open to work with people with any concerns. Mr. Levesque asked if Mr. Sampson supplied brad with all documentation on the original project. Mr. Sampson said yes. Mr. Lawson has all the documentation he needs. Mr. Pfeil said after the last Planning Board meeting, he did take a drive to the site and said it is very well taken care of. Mrs. Emick said she has seen the inside of one when her son rented one and they are very well done. Mr. Levesque went over section 904D and reviewed the short SEQR.
Mr. Levesque motioned to grant a Special Use Permit to construct a 30’x160’ storage unit facility at property located in the C-1 District at 3589 Rt. 394, Ashville, NY specifically Sec. 332.11-1-22.1 as outlined in the application and these minutes. Mrs. Emick seconded. Yes (5) Levesque, Michalak, Emick, Vaillancourt, Ortman. Abstain (1) Henck. The motion was carried.
By a motion made by Mr. Levesque, Mr. Ortman seconded and with none being apposed the hearing was adjourned at 7:50PM
Stephanie Gibbs
Deputy Town Clerk
