TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS HEARING
WEDNESDAY 9/22/2021 7:00 PM
ZONING MEMBERS PRESENT: JIM LEVESQUE ROGER VAILLANCOURT
HELEN EMICK DAN THOMAS
GREG MICHALAK WILL ORTMAN
LEAH STOW
Brad Lawson, Zoning C.E.O.
Dale Robbins & Kelly Johnson, Attorneys
OTHERS PRESENT: Louise Ortman Mike Pfeil Cody Willett
Cherie Becker Charles Renna
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 7/28/2021 hearing as presented by the Clerk. Mr. Thomas seconded. Yes (7): Vaillancourt, Emick, Thomas, Michalak, Ortman, Stow, Levesque. No (0). The motion was carried.
- Charles Renna requesting an Area Variance to construct an addition closer to side setbacks than allowed in the R-1 District which does not comply with Zoning Code Sec. 403 at property located at 3748 Lakeland Ave. Stow, NY specifically Sec. 332.12-1-12.
Mr. Renna said he would like to construct an addition on the roadside of his home. He said this will be a bathroom and walk in closet approximately 16’x12’. There was discussion of the 1’ dog leg on the front and if there were some way to eliminate that. Mr. Renna said if it were decreased you would have to walk sideways through the closet. He indicated the bathroom is 9.2’ wide and the closet is 5.9’ wide. Mr. Thomas asked what the distance from his home to the neighbor’s home would be. Mr. Renna said approximately 10-12’. It was clarified that the current setback to the side property line is 9.8’ on the west end and 9.10’ on the east end and the one-foot jog will make the setback 8.8’ on the west end. Mrs. Emick asked if the problem could be solved by moving the addition toward the road. Mr. Renna said no because the problem is the width not the length. Mrs. Emick asked if the project has been discussed with the neighbors. Mr. Renna said yes, and they are fine with it. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Levesque read into the record Zoning Ordinance SECTION 904 – Use and Area Variances; C. Area Variances – 2. a) no b) yes c) yes d) no e) yes.
Mr. Levesque motioned to grant an Area Variance to Charles Renna to construct an addition 8.8’ from the side setback (20’ is allowed) in the R-1 District which does not comply with Zoning Code Sec. 403 at property located at 3748 Lakeland Ave. Stow, NY specifically Sec. 332.12-1-12. Mr. Michalak seconded. Yes (6): Vaillancourt, Emick, Thomas, Michalak, Stow, Levesque. No (1): Ortman. The motion was carried.
- Cody Willett requesting an Area Variance to construct a 24’ tall (18’ allowed) pole barn in the AR District which does not comply with Zoning Code Sec. 403 at property located at 2419 Roemer Rd. Ashville NY, specifically Sec. 367.00-1-48.
Mr. Willett said he would like to build a 24’ tall pole building and the reason for the height is so he can add a lean to on the side to store his RV. He said the doors will be 10’x10’. He said his property was on the “Military Makeover Show” with Montel Williams. Mr. Levesque asked if anyone wished to speak regarding the application. Ms. Cherie Becker spoke in favor of the project. Mrs. Emick asked if any habitable space would be created. Mr. Willett said no. 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. Thomas motioned to grant an Area Variance to Cody Willett to construct a 24’ tall (18’ allowed) pole barn in the AR District which does not comply with Zoning Code Sec. 403 at property located at 2419 Roemer Rd. Ashville NY, specifically Sec. 367.00-1-48 with the following condition:
- No habitable space be created.
Mr. Ortman seconded. Yes (7): Vaillancourt, Emick, Thomas, Michalak, Ortman, Stow, Levesque. No (0). The motion was carried.
On a motion made by Mrs. Emick, seconded by Mr. Vaillancourt and with none being opposed, the hearing was adjourned at 7:30 PM.
Nancy Thomas
Town Clerk
