TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 7/28/2021, 7:00 PM
ZBA MEMBERS PRESENT: JAMES LEVESQUE GREG MICHALAK
HELEN EMICK DAN THOMAS
LEAH STOW ROGER VAILLANCOURT
Brad Lawson, Zoning C.E.O.
Kelly Johnson, Attorney
Others Present: Mike Pfeil Kevin & Kathleen Wolff Annette Goodman
Ron Condio Shannon Hallowell Andrea Eckman, Realtor
Mr. Levesque brought the hearing to order at 7:03 PM. Mrs. Thomas administered the Oath of Office to Leah Stow who was appointed to the ZBA by the Town Board on 7/12/2021 to complete the term of Jonathan Henck. Ms. Stow assumed her position on the Board.
Mr. Levesque motioned to adopt the minutes of the 6/23/21 ZBA Hearing as submitted by the Clerk. Mr. Thomas seconded. Yes (6): Levesque, Michalak, Emick, Thomas, Stow, Vaillancourt. No (0). The motion was carried.
Attorney Johnson swore in all who expressed intent to speak regarding the cases to be heard.
2. Kevin & Kathleen Wolff requesting an Area Variance for height to construct a 22.8’ tall pole building in the R-1 District at property located at Ash Street., Ashville, NY, specifically Sec. 350.13-1-31.
Mr. Wolff said they have approximately 2 wooded acres on Ash Street, and they would like to build a storage/pole building 22.8’ in height (16’ is allowed) in order to get the correct pitch so that a boat can be stored. He said the building will be 24’ x 48’ with a metal roof, concrete floor, and a loft upstairs for furniture storage. He said there will be electric installed but no water. He said the small existing shed on the property will be moved to the rear of the new building. It was discussed that there are no lake view issues. Mrs. Emick asked if any neighbors have any issues with the project. Mr. Wolff said not that he is aware of.
Mr. Levesque asked if anyone wished to speak regarding the application. Mrs. Emick asked if there was any issue with runoff. Mr. Levesque and Mr. Lawson said the area is fairly flat and a site plan review had not found any issues. Mr. Levesque read into the record Zoning Ordinance SECTION 904 – Use and Area Variances; C. Area Variances – 2. a) no b) no c) yes d) no e) yes.
Mr. Levesque motioned to grant an Area Variance for height to Kevin & Kathleen Wolff to construct a 22.8’ tall pole building in the R-1 District at property located at Ash Street., Ashville, NY, specifically Sec. 350.13-1-31 as outlined in the application and these minutes with the following condition:
- Roadside setback will be a minimum of 50’ from the road edge
Mr. Michalak seconded. Yes (6): Levesque, Michalak, Emick, Thomas, Stow, Vaillancourt. No (0). The motion was carried.
3. Shannon Hallowell requesting a Special Use Variance for an Online Warehouse at property located at 2777 Route 394, Ashville, NY, specifically Sec. 367.00-1-21.
Mr. Levesque asked Ms. Hallowell what she would like to do. Ms. Hallowell said she wants to start an online store that requires pallets of overstock items/returns be delivered by semi-truck to the address where they will be sorted and sold. Mr. Levesque asked that the applicant sign all applications for the variance request. Mr. Levesque asked if the property owner is present. Ms. Eckman said he is not, but she is the realtor and Ms. Hallowell will rent the bottom floor as warehouse space. Mr. Levesque asked if the applicant has considered how a tractor trailer truck will get in and out of the property. Ms. Hallowell said they would use the driveway in front. Ms. Hallowell said the window in front will be removed and a garage door will replace it so that product can be stored there. Mr. Condio said a few years ago a motor home had gotten stuck at the location because of the steep incline of the driveway entrance. Ms. Goodman asked how often trucks would come; what time of day and how intrusive this would be to the area which is a neighborhood and not industrial. She said the previous owners have operated small businesses (i.e., gift shop) Candle Escents and Artistree through a special use variance, but this sounds like it will be bigger. Ms. Hallowell said probably 2-3 trucks per week and there would be no public hours as product will be delivered. There was lengthy discussion of the difficulty with ingress/egress by a tractor trailer at the location which is at the corner of Rt. 394 and Bly Hill Rd. Safety and traffic issues for motorists at that location have long been a concern. Mr. Levesque read into the record Zoning Code Section 904 – Use and Area Variances, D. Use Variances 1.,2.,3. with the following responses by the board to 3. a) no b) no c) yes d) yes. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant a Special Use Variance to Shannon Hallowell to operate an online warehouse at property located in the AR District at 2777 Rt. 394, Ashville, NY, specifically Sec. 367.00-1-21 as outlined in the application and these minutes. Mr. Vaillancourt seconded. No (6): Levesque, Michalak, Emick, Stow, Thomas, Vaillancourt. Yes (0). The motion was denied.
On a motion made by Mr. Levesque, seconded by Mrs. Emick and with none being opposed, the hearing was adjourned at 7:40 PM.