TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, JUNE 23, 2021, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE HELEN EMICK
GREG MICHALAK DAN THOMAS
ROGER VAILLANCOURT
Brad Lawson, Zoning C.E.O.
Dale Robbins & Kelly Johnson, Attorneys
OTHERS PRESENT: Dick Sena Mike Pfeil Jim Kinzler
Joe Lounsbury John Carpenter Brandon Rowley
Bruce E. Chambers James Clark Jerome Denz
Richard Skrocki Robert Snyder Beckie Howe
Thomas Myers Jen & Nick Fisher
Mr. Levesque opened the hearing at 7:00 PM. Ms. Johnson swore in all who expressed intent to speak regarding the applications.
Mr. Levesque motioned to adopt the minutes of the 5/26/2021 ZBA Hearing as presented by the Clerk. Mr. Vaillancourt seconded. Yes (5): Levesque, Michalak, Emick, Thomas, Vaillancourt. No (0). The motion was carried.
1. Jack Cornachio requesting a Special Permit to install an inground swimming pool at property located in the R-1 District at 2636 Trolley Stop Lane, Ashville, NY, specifically Sec. 367.14-1-8.5.
Brandon Rowley, Chautauqua Pools appeared to represent Mr. Cornachio. Mr. Levesque asked about drainage and Mr. Rowley said the drainage will be handled with dry wells and French drains. Pool pump will be located by the house and the closest dwelling is 100’s of feet away. NYS approved fencing will be installed. Mr. Levesque asked if anyone wished to speak regarding the application. Mrs. Emick asked if there would be a buffer zone on the downslope toward the lake. Mr. Rowley said the pool sits on a relatively flat area but there will be material built up on the backside/lakeside, a French drain and landscaping to buffer.
Mr. Levesque motioned to grant a Special Permit to Jack Cornachio to install an inground swimming pool at property located in the R-1 District at 2636 Trolley Stop Lane, Ashville, NY, specifically Sec. 367.14-1-8.5 as outlined in the application and these minutes. Further, all information regarding drainage, fencing, and buffer zones shall be provided to the Zoning C.E.O. Mr. Thomas seconded. Yes (5): Levesque, Michalak, Emick, Thomas, Vaillancourt. No (0). The motion was carried.
2. Joe Lounsbury requesting an Area Variance for height to construct a 21.25’ tall garage (18’ is allowed) in the AR District at property located at 5102 Stoneledge Rd., Ashville, NY, specifically Sec. 384.00-1-5.
Mr. Levesque noted for the record that the Parcel ID# should be corrected to 384.00-1-5. Mr. Sena representing Mr. Lounsbury said he wishes to replace his old garage which has been demolished with a new one. He said the garage will have a second floor which will be used as a home office. He said to do this they need a height variance for about 21.25 tall. Mr. Thomas asked if there would be water and electric. Mr. Sena said yes, and they want to include a sink and toilet for the office, so he does not have to go back to the main house. He said no living space will be created. It was discussed there are no setback issues, and they will tie the septic to the house. Mr. Levesque read into the record Zoning Ordinance SECTION 904 – Use and Area Variances; C. Area Variances – 2. a) no b) no c) no d) no e) yes. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant an Area Variance for height to Joe Lounsbury to construct a 21.25’ tall garage (18’ is allowed) in the AR District at property located at 5102 Stoneledge Rd., Ashville, NY, specifically Sec. 384.00-1-5 as outlined in the application and these minutes with the following condition:
- No habitable space created
Mr. Michalak seconded. Yes (5): Levesque, Michalak, Emick, Thomas, Vaillancourt. No (0). The motion was carried.
3. James R. Clark requesting Area Variances for side setbacks; creek side setback; and lot coverage at property located in the C-1 District at 89 Timbercreek Dr., Ashville, NY, specifically Sec. 367.15-1- 36. (Ref. minutes of 2/24/21 ZBA hearing).
Mr. Clark said he had appeared before the board previously and they had determined that the lot coverage was too large. He said he has brought new information and details of distances with a revised footprint on the house of 18’ x 30’ or 540 sq. ft. He said that is just slightly over the 20% lot coverage allowed. He said there will be a small deck on the rear. Mr. Thomas noted that he has straightened up the house on the lot. Mr. Clark also noted that they have moved the design further from the creek. Setback distances are: 1) 11’ on both sides (approx. 17’ from neighboring house on one side and approx. 22’ from the neighboring house on the other side 2) roadside setback is 10’ 3) 24’ on creek side. There was discussion that the deck (6’ x 18’) which will be covered is not included in the lot coverage measurements. Mrs. Emick said the definition of building area includes covered decks in the square footage equation. Several of Mr. Clark’s neighbors appeared to indicate they have no issue with and are in favor of his plans. There was also discussion of Sec. 508 as it relates to awnings. It was discussed that with the deck covered the approximate lot coverage will be between 22-24%. Mr. Lawson noted that they have municipal sewer/water. 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 asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant Area Variances to James R. Clark for side setbacks; creek side setback; and lot coverage at property located in the C-1 District at 89 Timbercreek Dr., Ashville, NY, specifically Sec. 367.15-1-36. (Ref. minutes of 2/24/21 ZBA hearing) as outlined in the application and these minutes. Mr. Vaillancourt seconded. Yes (5): Levesque, Michalak, Emick, Thomas, Vaillancourt. No (0). The motion was carried.
4. Nick & Jen Fisher requesting a Special Permit to install a 6’ fence (4’ is allowed) closer to property setback than allowed in the C-1 District, at 3734 Panama-Stedman Rd., Mayville, NY, specifically Sec. 314.00-2-7.
Mr. Fisher said they would like to install a 6’ fence to divide their driveway from the neighbors for noise issues and privacy. He said their bedroom is located on the driveway side. They would like to build up the driveway to match with the road level. Mrs. Fisher said there is no common easement to the driveway, yet the neighbors use it constantly. Mr. Thomas questioned their request to locate the fence directly on the property line and asked how they could maintain the fence. There was discussion about the location of the fence and the applicants decided they could follow the 2’ from the property line on the fence location. Mrs. Fisher noted that the fence would increase the resale value on the property, and she provided photos showing the neighbors misuse of the drive. It was discussed that the neighbors own a very minimal amount of road frontage. Mr. Fisher said the only thing that would allow the neighbors space for a driveway would be to cut down an entire row of pine trees that they themselves had planted many years ago. Mrs. Fisher said there is nothing in their deed to indicate there is a shared driveway. She said her mother works at the county and had researched the deed. Mr. Levesque asked if anyone wished to speak regarding the application. Mrs. Howe said she lives on the other side of the applicants. She said sometime back the previous owner had decided to split up and sell some of her properties and she had referred to the driveway at the Fishers property as a shared driveway in the deed. She gave additional information of a historical nature on the property. She said this could affect the location of her property lines. Mr. Robbins asked if the driveway existed when they purchased the property and stated that just because it is not in your deed does not mean they do not have an easement to use it. There was discussion about the location of the fence and the applicants decided they could follow the 2’ from the property line on the fence location. Mr. Lawson noted that the fence must be at least 20’ from the edge of the road. Mr. Levesque asked if anyone wished to speak regarding the application.
Mr. Levesque motioned to grant a Special Permit to Nick and Jen Fisher to install a 6’ fence (4’is allowed) 2’ from the property line in the C-1 District, at 3734 Panama-Stedman Rd., Mayville, NY, specifically Sec. 314.00-2-7 as outlined in the application and in these minutes. Mrs. Emick seconded. Yes (5): Levesque, Michalak, Emick, Thomas, Vaillancourt. No (0). The motion was carried.
On a motion made by Mr. Levesque, seconded by Mr. Vaillancourt and none being opposed, the hearing was adjourned at 8:15 PM.
Nancy Thomas
Town Clerk
