TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 5/25/2022, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE GREG MICHALAK
HELEN EMICK ROGER VAILLANCOURT
DAN THOMAS WILL ORTMAN
LEAH STOW
Brad Lawson, Zoning CEO
Dale Robbins, Attorney
Others Present: Todd Ingersoll, Nuwood MaryAnne & Kevin Walsh Tim Mitchell
Jeremiah Johnson George & Peter Tsarnes Sheila Kyser
Thomas Reitz Mary Glatt
Mr. Levesque opened the hearing at 7:00 PM.
Mr. Robbins swore in all who expressed intent to speak regarding the cases before the board.
Mr. Levesque motioned to adopt the minutes of the 4/27/22 ZBA Hearing as presented by the
Town Clerk. Mr. Ortman seconded. YES (7): Levesque, Michalak, Thomas, Vaillancourt, Stow, Ortman, Emick. NO (0). The motion was carried.
1. Scott & Sheila Kyser requesting an Area Variance to build a new home closer to side setbacks than allowed according to Zoning Code 403 located at 3690 Lakeland Rd., specifically Section 332.12-1-37&38.
Mrs. Kyser said their property has 2 lots with the front lot having a small home on it (332.12-1-38). She said the lakeside lot has a carriage house with a crumbling foundation that they would like to tear down and replace with a new home centered on the lot. It was noted that the current carriage house is located only 1-2’ from the neighboring property line (332.12-1-37). Mr. Lawson gave the following setbacks requested: 15’ north side (20’ allowed); 30’ from the high water mark on lakeside (50’ allowed); 25’ from roadside (50’ allowed). Mrs. Emick asked for clarification on the height. Mrs. Kyser said she has provided a stamped copy of the survey which gives lot dimensions. Mr. Levesque asked if anyone had questions regarding the application. 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. Mrs. Emick asked if any neighbors contacted had any comments. Mrs. Kyser said their neighbors had received letters from the town and told them they supported the plan. Mrs. Thomas said as a courtesy, notices are sent to neighbors within 100’ in the residential and lakefront areas.
Mr. Levesque motioned to grant Area Variances to Scott & Sheila Kyser to build a new home closer to setbacks than allowed according to Zoning Code 403 at property located at 3690 Lakeland Rd., specifically Section 332.12-1-37 as outlined in the application and these minutes.
Mr. Thomas seconded. YES (7): Levesque, Michalak, Thomas, Vaillancourt, Stow, Ortman, Emick. NO (0). The motion was carried.
2. Mark & Donna Hollenbeck requesting an Area/Height Variance to install a 4’5” fence (4’ is allowed) closer to property setbacks than allowed according to Zoning Code 618 located at 3208 Chautauqua Ave., specifically Section 349.20-1-32.
Mr. Ingersoll, Nuwood Creations, appeared to represent the Hollenbeck’s. He said the owners would like to construct a fence 54’ tall (6” taller than allowed of 48’) around their property for privacy and for their dogs. There was discussion that originally the Hollenbeck’s had received a letter from the Sour’s (neighbors to the NW side) agreeing that the fence could be placed on the property line but because of the placement by Northrup of a pedestal on the property line for the sewer this was changed to 1’ on the NW side setback. Mr. Ortman gave some information on this and said there is a possibility that Northrup could turn it 90 degrees for better accommodation. Variances requested are as follows: 1’ from property line on NW side (2’ is allowed); 2’ from SW property line; 10’ from street side. There was discussion of the street side request for 10’ and it was clarified that this measurement was taken from the ROW and not the actual property line. Mr. Ingersoll said his understanding through Mr. Lawson was that you could build 10’ from the edge of the road and the Hollenbeck property line is 4’ further in than where the fence is intended (or 14’ from the property line). Mr. Levesque said that the allowed measurement for fences is from the property line and cannot be beyond that line. Mr. Levesque again clarified that the fence cannot be placed beyond the property line on the roadside. Mr. Lawson agreed. Mr. Ingersoll said he felt the Hollenbeck’s would have no issue with that. It was discussed that the shed on the SW side will be moved and noted that when that is done, depending on the location, it must be within setback regulation or a variance applied for. Mr. Levesque recommended that the fence on the roadside be no closer 6” from the property line.
A letter from neighbor, Mary Glatt was read into the record. She indicated that she has no exception to the height and setbacks. Her concern is for the road edge fence as it relates to ingress/egress through the mechanical fence gate; encroachment of fence on ROW; and damages done to the Town ROW and ditch by the contractors during the house build process. There was also an email from neighbors Venezie indicating no issue with the placement of the fence. Mr. Levesque asked if anyone had questions 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 Area/Height Variances to Mark & Donna Hollenbech to install a 4’5” fence (4’ is allowed) closer to property setbacks than allowed according to Zoning Code 618 located at 3208 Chautauqua Ave., specifically Section 349.20-1-32 as outlined in these minutes with the following conditions:
- Fence on roadside will be located directly on property line or behind it
- Amended plans for this will be provided to the Zoning CEO prior to installation
Mr. Michalak seconded. YES (6): Levesque, Michalak, Thomas, Vaillancourt, Stow, Ortman. NO (1): Emick. The motion was carried.
3. Drexeler LLC requesting an Area Variance to build a new home closer to setbacks than allowed according to Zoning Code 403 located at 5518 Wells Bay Rd., specifically Section 332.11-1-11.
Mr. Mitchell and Mr. Johnson, Last Peace Construction, are representing Drexeler LLC. Mr. Mitchell said the proposed house at 332.11-1-10 will be 1,724 sq. ft.; 46’ from the 1,310 lakeside water mark (50’ is required); side setbacks will be 11’ and 11.2’ respectively (20’ is required). It was clarified that Drexler also owns Sec. 332.11.1-11 on which they are currently building another home. Mr. Levesque asked if anyone wished to speak regarding the application. Mr. Lawson said the lot size is 55,053 sq. ft. and the coverage is 1,344 sq. ft. and that makes the actual lot coverage about 1,938 sq. ft. which is within the 25% coverage rule. He said the height is 29’ (32’ is allowed). Mrs. Emick asked if Mr. Lawson had signed authorization that the contractors are acting on behalf of the owners. Mr. Lawson said he did not make up an authorization and does not have anything signed, but he has been dealing with the contractors for over a year. There was discussion of plans submitted by EcoStrategies which will have to be approved by County Health
Dept. for the septic (Wells Bay is part of Phase 2 for septic). Mr. Levesque asked again if anyone in attendance 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. Mrs. Emick asked how runoff is being addressed. Mr. Mitchell reviewed the plan with the board members to their satisfaction. Mr. Lawson said Mr. Mitchell was discussing the septic drainage, but the application does indicate a rain garden and drainage ditch for runoff.
Mr. Levesque motioned to grant Area Variances to Drexeler, LLC to build a new home closer to side setbacks and lakeside setback than allowed according to Zoning Code 403 located at 5518 Wells Bay Rd., specifically Section 332.11-1-10 as outlined in the application and these minutes. Ms. Stow seconded. YES (7): Levesque, Michalak, Thomas, Vaillancourt, Stow, Ortman, Emick. 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 8:00 PM.
Nancy Thomas
Town Clerk
