TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 2/23/2022, 7:00 PM
ZBA MEMBERS PRESENT: GREG MICHALAK HELEN EMICK
DAN THOMAS ROGER VAILLANCOURT
LEAH STOW WILL ORTMAN
Brad Lawson, Zoning C.E.O.
Dale Robbins, Attorney
OTHERS PRESENT: Bryce McCullough, Centerline Communications, LLC
In the absence of Mr. Levesque, Mr. Michalak brought the hearing to order at 7:00 PM.
On a motion made by Mr. Thomas and seconded by Mr. Ortman, the minutes of the 10/27/2021 Zoning Board of Appeals hearing were adopted as presented by the Town Clerk. Yes (6): Michalak, Thomas, Emick, Stow, Vaillancourt, Ortman. No (0).
Attorney Robbins swore in all who expressed intent to speak regarding the cases before the board.
- American Tower Corporation requesting a Special Use Permit to perform modifications to Existing Cell Tower Equipment located at property owned by Paula James and located at 3355 Route 394 Rear, specifically Section 332.00-2-31..TW1.
Mr. Michalak asked Mr. McCullough what they wish to accomplish. Mr. McCullough said they intend to replace some equipment on the existing tower. There will be no visible changes. Mr. Lawson noted on page 2 of the letter their intent is stated as:
1. Remove (3) Antenna(s), (1) GPS(s), and (3) RRH(s)
2. Install (3) Antenna(s), (3) RRH(s), and (1) Ericsson Hybrid Trunk 6/24 4AWG Cable(s)
3. Existing (3) Antenna(s), (3) RRH(s), and (2) Ericsson 6×12 HCS 6AWG Cable(s) to remain
Mr. Ortman asked if the tower owners must come to the ZBA each time they wish to change anything on the tower or ground. Mr. Lawson said yes, and the law requires tenants allow co-location on the tower. Mr. McCullough said currently AT&T and T-Mobile are located on the tower. Mrs. Thomas said a relative of the property owner, Rex James, had come in and reviewed the application and had expressed no objections to the application. Mr. Michalak asked if there were any questions regarding the application.
Mr. Michalak motioned to grant a Special Use Permit to Centerline Communications, LLC on behalf of American Tower Corporation and T-Mobile Northeast, LLC, to perform modifications to existing Cell Tower Equipment located at property owned by Paula James at 3355 Route 394 rear, specifically Section 332.00-2-31..TW1 as outlined in the application submitted and the minutes. Mr. Thomas seconded. YES (6): Michalak, Thomas, Emick, Ortman, Stow, Vaillancourt. NO (0). THE MOTION WAS CARRIED.
- David Carr requesting an Area Variance to construct an addition which does not meet Zoning requirements for side setbacks and lot size located at 3077 Chautauqua Ave, specifically Sec. 350.13-2-47 & 48.
Mr. Lupton, Contractor, appeared to represent Mr. Carr. He said Mr. Carr currently owns 3 houses at the location. Mr. Lawson said the Carr’s have a lakeside home; a residence over the garage on one side and there is a 1 ½ story wood frame house that they also own. He said they are located on 3 non-conforming lots and he and Mr. Lupton had discussed moving the existing property line closer to the other home to make it a 20’ setback and that would make the distance from the new 18’ x 8’ addition to the north side property line 7.6’. He said also they would absorb the 3rd lot in the survey and have only 2 lots of a larger size. He said there will be a grinder pump for the sewer lines that will be located on the addition side of road. He said he has discussed with the Planning Board having lot size requirements adjusted in the area since we will now have sewer.
There was further general discussion of the lot sizes and square footage coverage. Mr. Michalak asked if anyone wished to speak regarding the application. Mr. Michalak read into the record Zoning Ordinance Section 904 – Use and Area Variances; C. Area Variances – questions a. through e. with the following responses by the board a.) no b.) no c.) yes d.) no e.) yes.
Mr. Michalak motioned to grant Area Variances to David Carr to construct an addition which does not meet Zoning requirements for side setbacks (7.6’ northside setback) and lot size (increasing the size of an already sub-standard lot) located at 3077 Chautauqua Ave, specifically Sec. 350.13-2-47 & 48 with the following condition:
- Property owner must provide new survey and record of filing with the County Clerk prior to beginning construction.
Miss Stow seconded. Yes (6): Michalak, Thomas, Emick, Ortman, Stow, Vaillancourt. No (0). THE MOTION WAS CARRIED.
On a motion made by Mrs. Emick, seconded by Mr. Ortman, and none being opposed, the hearing was adjourned at 7:30 PM.
Nancy M. Thomas