TOWN OF NORTH HARMONY
ZONING BOARD OF APPEAL
WEDNESDAY, 3/23/2022 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE ROGER VAILLANCOURT
GREG MICHALAK DAN THOMAS
WILL ORTMAN HELEN EMICK
LEAH STOW
Brad Lawson, Zoning CEO
Dale Robbins, Attorney
Others Present: Bryce McCullough, Centerline Communications Mike Pfeil
Elizabeth & Newton Kimberly Brandon VanCuren
Jim & Barb Fox Louise Ortman
Charles & Karen Halle Todd Ingersoll
Clayton Emick
Mr. Levesque brought the hearing to order at 7:00 PM.
Attorney Robbins swore in all who expressed intent to speak regarding the applications before the board.
Mr. Thomas motioned to adopt the minutes of the 2/23/2022 ZBA Hearing as presented by the Town Clerk. Mr. Vaillancourt seconded. Yes (7): Levesque, Vaillancourt, Michalak, Thomas,
Ortman, Emick, Stow. No (0). The motion was carried.
- American Tower Corporation requesting a Special Use Permit to perform modifications to Existing Cell Tower Equipment located at property owned by Global Cell Tower and located at 6396 Randolph Rd., specifically Section 382.00-1-57.1.
Mr. McCullough appeared to represent American Tower. He said they would like to place an additional array at 165’ (this will be the 3rd co-location) on the tower which is 190’ tall. He said a structural analysis is included in the package which will more than cover the 4,000 lb. addition. It was discussed that T-Mobile is the new addition. Mr. Levesque asked is anyone had any questions or comments regarding the application. Mr. Levesque 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. Levesque 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 an Existing Cell Tower Equipment base station located at 6396 Randolph Rd., specifically Section 382.00-1-57.1 as outlined in the application and these minutes. Mr. Michalak seconded. YES (7): Levesque, Thomas, Ortman, Emick, Vaillancourt, Michalak, Stow. NO (0). The Motion was Carried Unanimously.
- Charles Halle Jr. requesting an Area Variance to construct a garage closer to side setbacks than allowed according to Zoning Code 403 located at 3616 Watson Rd., specifically Section 332.16-1-22.
Mr. Halle said they would like to build a 2-car garage and a breezeway onto their home. Mr. Lawson said since the garage will be attached to the house the setback required is 20’ and with the new zoning there is a formula which will require at least 10’. Mr. Thomas asked how far the existing house is from the side property line. It was discussed and determined that the current house is 14’ from the property line on the north side and with the addition it will be 5.4’ from the line, a further encroachment on an existing encroachment. Mr. Levesque asked if anyone had any questions or comments regarding the application. Mr. Robbins asked if an emergency crew would be able to access the lake if needed. Mr. Halle said there is a driveway to the house but not to the lake. Mr. Halle said there were no objections to the project from either of his neighbors. Mrs. Emick asked if he was taking down the structure that is closest to the road. He said yes. It was noted that the lot coverage will increase by 64 sq. ft. Mr. Levesque 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.) yes c.) yes d.) no e.) yes.
Mr. Levesque motioned to grant an Area Variance to Charles Halle Jr. to construct a garage and breezeway closer to side setbacks than allowed according to Zoning Code 403 located at 3616 Watson Rd., specifically Section 332.16-1-22 with the following conditions:
- Addition can be absolutely no closer than 5.4’ from the property line
- Proper water runoff controls will be installed per code
Ms. Stow seconded. YES (5): Levesque, Ortman, Emick, Michalak, Stow. NO (2): Thomas, Vaillancourt. The motion was carried.
- Newton & Elizabeth Kimberly requesting an Area Variance to construct a porch closer to side setbacks than allowed according to Zoning Code 403 located 3900 Park Way, specifically Section 332.05-2-11
Mr. Kimberly said the request is for an addition to an existing porch. He said the existing porch is 4.3’ from the Fox’s property line and the Fox’s porch is 4.3’ from their property line. He said the addition will not come any closer on the side setback than it does now but will be closer to the lake although well within the 50’ setback requirements. He said currently they are about 150’ from the waterline and the porch addition will be 12’ and covered as is the existing porch. Mr. Vaillancourt said the reason for the variance is the existing encroachment on the side setback which will be extended in depth by the porch but no further encroachment. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Fox said they have no issue with the project. Mr. Kimberly said the addition will not cause any view shed issues for neighbors. Mr. Levesque 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. Levesque motioned to grant an Area Variance to Newton & Elizabeth Kimberly to construct a porch closer to side setbacks than allowed in Zoning Code Section 403 at 3900 Park Way, specifically Section 332.05-2-11 as outlined in the application and these minutes. Mr. Vaillancourt seconded. Yes (7): Levesque, Ortman, Emick, Michalak, Stow, Vaillancourt, Thomas. No (0). The motion was carried.
- Up Yonder LLC requesting an Area Variance to construct a post frame storage building higher than allowed in Zoning Code 403 located at 3832 West Lake Rd. Specifically Section 332.05-1-29.
Mr. Kimberly said he, Elizabeth and Jim and Barb Fox are 4 of the 6 members of Up Yonder LLC. He said the other 2 members are on vacation. He said they would like to build a 40’x60’ post frame building
with a 16’x60’ attached covered shed for storage for use by the 6 members. The request is for 24’ height (allowed is 16’) in order to get proper pitch. He said it will be used for boats and other items. There was discussion of the slope of the land. Mrs. Emick asked if any living space would be included. Mr. Kimberly said no and there would be no water or sewer installed. 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 – questions a. through e. with the following responses by the board a.) no b.) no c.) yes d.) no e.) yes.
Mr. Levesque motioned to grant an Area Variance to Up Yonder LLC to construct a post frame storage building higher than allowed in Zoning Sec. 403 at 3832 West Lake Rd., specifically Section 332.05-1-29 as outlined in the application and these minutes. Mrs. Emick seconded. YES (7): Levesque, Thomas, Ortman, Emick, Vaillancourt, Michalak, Stow. NO (0). The Motion was Carried Unanimously.
- Matthew & Amy Ward requesting an Area Variance to construct a garage which does not meet Zoning requirements for setbacks and lot size located at 3096 Chautauqua Ave., specifically Section 350.13-1-27
Mr. Ingersoll, Nuwood Creations, appeared to represent the Ward’s. Mr. Lawson said the lot is vacant and 20,299 sq. ft. (40,000 is required). He said the Ward’s would like to build a garage apartment. He said it does meet the 25% lot coverage rule and will have sewer when that is hooked up. Mr. Ingersoll said until the sewer lines are completed, they will apply for a holding tank from the county. There was discussion that this is a separate parcel across the road from the Ward’s other home. The structure will be 29’x42’ with a height of about 30’. The house will be 30’ from the roadside (50’ is required). 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 – questions a. through e. with the following responses by the board a.) no b.) no c.) yes d.) no e.) yes.
- Approved sewer plan be provided by County Health Department
- Discrepancies in drawings corrected for Mr. Lawson
Mr. Ortman seconded. YES (7): Levesque, Thomas, Ortman, Emick, Vaillancourt, Michalak, Stow. NO (0). The Motion was Carried Unanimously.
On a motion made by Mrs. Emick, seconded by Mr. Thomas, and none being opposed the hearing was adjourned at 8:10 PM.
Nancy Thomas
Town Clerk
