TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 10/27/2021, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE DAN THOMAS
WILL ORTMAN ROGER VAILLANCOURT
GREG MICHALAK LEAH STOW
Brad Lawson, Zoning C.E.O.
Kelly Johnson, Attorney
Others Present: John & Margaret Lawson
Attorney Johnson provided ½ hour of education to the board on the subject of Cannabis dispensaries and smoking lounges.
1. John and Margaret Lawson requesting an Area Variance to construct a porch on lakeside of property closer to setbacks than allowed according to Zoning Code Sec. 403 located at 3326 Highland Ave., Specifically Sec. 349.16-1-27.
Mr. Levesque brought the hearing to order at 7:00 PM. Attorney Johnson swore in all who expressed intent to speak regarding the cases to be heard.
Mr. Thomas motioned to adopt the minutes of the 9/22/21 ZBA Hearing as presented by the Town Clerk. Mr. Ortman seconded. Yes (6): Levesque, Thomas, Ortman, Vaillancourt, Michalak, Stow. No (0). THE MOTION WAS CARRIED.
Mr. Levesque motioned to consolidate the November and December ZBA Hearing into one meeting to be held on 12/15/2021 (barring any emergency situation) at 7:00 PM. Mr. Michalak seconded. Yes (6): Levesque, Thomas, Ortman, Vaillancourt, Michalak, Stow. No (0). THE MOTION WAS CARRIED.
Mr. Lawson said he would like to construct a 10’x19.5’ open deck on the lakeside of his home which will be no closer than feet to the high-water mark. He said the neighbor’s property to the S.E. has been built up and this is causing rainwater to pool significantly in his yard and provided photos of the problem taken on July 4th. He said Supervisor Yates had someone come down and cut a sluice channel into his yard to the lake and that has helped a little, but he still has significant puddling in his yard which is mostly clay and doesn’t drain well. He said the deck would cover that area and allow more use of his yard. He noted google map photos showing neighbors properties that have decks much closer to the water than he does. He said with the 10’ wide deck, they would still be about 30’ from the water. He said the neighbors are in favor of his project and have no objections. Mr. Lawson said he had reviewed Zoning Law Section 904 C. and felt that there were not any alternatives to his request. He said the deck would be attached to the existing porch and he was not sure if the deck would be level with the porch or a step down. Mr. Ortman noted that the drainage issue created by the neighbors raised bed septic system should be addressed by Mr. Lawson irrespective of the applicant’s request. Mr. Levesque read into the record Zoning Ordinance SECTION 904 – Use and Area Variances; C. Area Variances – 2. a) no b) yes c) no d) no e) yes. Mr. Thomas asked about shoreline vegetation. Mr. Lawson said they have native grape vines that help hold the shoreline together. Mr. Levesque asked if anyone wished to speak regarding the application.
10/27/21 (Pg. 2)
Mr. Levesque motioned to grant an Area Variance to John and Margaret Lawson to construct a 10’x19.5’ open deck on the lakeside of their property closer to setbacks than allowed in Zoning Code Sec. 403 located at 3326 Highland Ave., Specifically Sec. 349.16-1-27 as outlined in the application and these minutes. Mr. Michalak seconded. Yes (6): Levesque, Thomas, Ortman, Vaillancourt, Michalak, Stow. No (0). THE MOTION WAS CARRIED.
On a motion made by Mr. Levesque, seconded by Mr. Ortman and none being opposed, the hearing was adjourned at 7:30 PM.