TOWN OF NORTH HARMONY
SPECIAL MEETING
ZONING BOARD OF APPEALS
Wednesday, 6/22/2022, 6:30 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE ROGER VAILLANCOURT
HELEN EMICK DAN THOMAS
WILL ORTMAN GREG MICHALAK
LEAH STOW
Brad Lawson, Zoning C.E.O.
Attorneys: Dale Robbins & Kelly Johnson
OTHERS PRESENT: Louise Ortman Steven Bialowski Greg Huber
Mike Pfeil Anne Marie Damore Bilaowski Jeff Lash
Tim Mitchell James & Patricia Mergenhagen
Jeremiah Johnson Kevin & Mary Ann Walsh
Mark Hollenbeck Robert & James Kanouff
Gary & Krista Lash George & Georgia Tsarnas
TAKE NOTICE THAT, The Zoning Board of Appeals of the Town of North Harmony will hold a Special meeting on Wednesday, 6/22/22 at 6:30 PM to discuss possible action to re-hear a case on variances granted to Drexeler, LLC to construct a new home on property located at 5518 Wells Bay Road and identified as Section 332.11-1-10 & 11.
Mr. Levesque opened the hearing at 6:30 PM. He said this is a special ZBA Hearing to re-hear an application that was approved last month. He said after approval mistakes were found in the legal notice (lot number incorrectly stated); error in owner application lot numbers compared to the intent of the owner. He said it needs to be clarified that the property lot number of Sec. 332.11-1-10 & 11 is incorrect. The correct lot number is 332.11-1-10. Mr. Levesque asked if any member of the board wished to speak regarding the application.
Mr. Levesque motioned to re-hear the Variance request of Drexeler, LLC to construct a new home located at 5518 Wells Bay Road and correctly identified as Sec. 332.11-1-10 contingent upon resubmission of a complete and correct application. Mr. Thomas seconded. YES (7): Levesque, Ortman, Thomas, Michalak, Emick, Vaillancourt, Stow. NO (0). The Motion was carried unanimously.
Mr. Mitchell and Mr. Johnson, Contractors, were present to represent Drexeler, LLC. Mr. Levesque
said the re-hear has been approved and the applicant will need to re-apply and make sure the application is correct as to the intent. Mrs. Thomas asked if the applicant should be resubmitting a new application. Mr. Levesque said yes. There was discussion of the timeline involved to get this heard at the 7/27/22 meeting.
On a Motion made by Mr. Levesque, seconded by Mr. Michalak, and none being opposed, the hearing was adjourned at 6:50 PM.
Nancy Thomas
Town Clerk
TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
Wednesday, 6/22/2022, 7:00 PM
ZBA MEMBERS PRESENT: JIM LEVESQUE ROGER VAILLANCOURT
HELEN EMICK DAN THOMAS
WILL ORTMAN GREG MICHALAK
LEAH STOW
Brad Lawson, Zoning C.E.O.
Attorneys: Dale Robbins & Kelly Johnson
OTHERS PRESENT: Louise Ortman Steven Bialowski Greg Huber
Mike Pfeil Anne Marie Damore Bilaowski Jeff Lash
Tim Mitchell James & Patricia Mergenhagen
Jeremiah Johnson Kevin & Mary Ann Walsh
Mark Hollenbeck Robert & James Kanouff
Gary & Krista Lash George & Georgia Tsarnas
Mr. Levesque brought the hearing to order at 7:00 PM. Attorney Johnson swore in all who expressed intent to speak regarding the applications before the board.
Mr. Levesque motioned to adopt the minutes of the 5/25/22 ZBA Hearing as presented by the Town Clerk. Mr. Ortman seconded. YES (7): Levesque, Ortman, Thomas, Michalak, Emick, Vaillancourt, Stow. NO (0). The Motion was carried unanimously.
- James & Laiken Latimer requesting an Area/Height Variance to construct a 6ft high fence (4ft allowed) higher than allowed according to Zoning Code 618 located at 2854 Carpenter-Pringle Rd., specifically Section 366.00-1-3.
Mr. Latimer said he would like to construct a 6’ tall solid stockade style fence around his property.
He said the reason for the fence is privacy, but he also has a police canine and other dogs and does not feel a 4’ fence would contain them. Mrs. Emick asked how far the front of the home is to Carpenter-Pringle Rd. Mr. Latimer said he believes it’s about 53’. Property in question is located on corner of Carpenter-Pringle and Bly Hill Roads. Mr. Lawson clarified that measurements taken on Mr. Latimer’s map are from the center line of Carpenter-Pringle and not from the property line. Mrs. Emick asked how far the fence would extend from the front of the house. Mr. Latimer said the fence would be about 25’. Mr. Lawson said it appears that from the centerline of the road to Mr. Latimer’s property line is 26.78’. Mr. Latimer said the fence would be roughly 5’ from the edge of the ditch. He said the side facing Bly Hill will be approximately 30’ from the edge of the ditch and set back about 50’ from the STOP sign. Mr. Lawson said if you go 10’ from the road edge you are probably on the property line and if you are not in the road ROW it should be alright. Mr. Latimer said there were no comments from the neighbors.
Mr. Levesque motioned to grant an Area/Height Variance to James & Laiken Latimer to construct a 6’ tall fence (4’ is allowed) higher than allowed in Zoning Code Sec. 618 located at 2854 Carpenter-Pringle Rd., specifically Section 366.00-1-3 as outlined in the application and these minutes. Mr. Michalak seconded. YES (7): Levesque, Ortman, Thomas, Michalak, Emick, Vaillancourt, Stow. NO (0). The Motion was carried unanimously.
Kyle Baister requesting a Special Permit to construct a roof over a trailer at Lakeside Campground Lot #71 (Robert Kanouff, owner) located at 3280 Hadley Bay Rd., specifically Section 332.20-1-35.
James Kanouff appeared to represent Mr. Baister. Mr. Kanouff said Mr. Baister would like to build a roof over his camper and include a covered deck. No enclosure of the structure will occur, and no electric will be installed. The structure will be in line with others allowed in the campground.
Mr. Levesque motioned to grant a Special Permit to Kyle Baister to construct a roof over a travel trailer at Lakeside Campground Lot #71 (Robert Kanouff, Owner) located at 3280 Hadley Bay Rd., specifically Sec. 332.20-1-35 as outlined in his application and these minutes. Ms. Stow seconded. YES (7): Levesque, Ortman, Thomas, Michalak, Emick, Vaillancourt, Stow. NO (0). The Motion was carried unanimously.
- Mark Hollenbeck requesting an Area Variance to build a shed closer to setbacks than allowed according to Zoning Code 403 located at 3208 Chautauqua Ave., specifically Section 349.20-1-32 & 33.
Mr. Hollenbeck said they would like to locate an existing shed on their property 5’ from the side property line (3’ from fence) and 5’ from the roadside property line as indicated on their drawings. He said their neighbor Mrs. Sour has emailed them a letter of no opposition to the request. He said the small Rubbermaid shed will be removed. Mr. Levesque asked if there were any questions regarding the application.
Mr. Levesque motioned to grant Area Variances to Mark Hollenbeck to place a shed closer to
side and roadside setbacks than allowed in Zoning Code Sec. 403 at 3208 Chautauqua Ave., specifically Sec. 349.20-1-32 & 33 as outlined in the application and these minutes. Mr. Ortman seconded. YES (7): Levesque, Ortman, Thomas, Michalak, Emick, Vaillancourt, Stow. NO (0). The Motion was carried unanimously.
- Lash Real Estate LLC – Gary Lash Jr. requesting a Use Variance to put a camper on property for 4 years until new home is built in the R-1 District which does not comply with Zoning Code Sec. 202; 403; & 631, and located at 3645 Wells Bay Rd., specifically Section 332.11-1-22.4.
Mr. Lash noted for the record that his property is in the R-3 District not the R-1. He said after his youngest child finishes high school in 4 years he would like to retire and build his permanent residence on Wells Bay Rd. He said until that time they would like to place a travel trailer on wheels at the location for 4 years use on weekends and vacations. Mrs. Emick noted that there is a restriction on the number of days of occupancy. Mr. Lash said they would only use it approximately 4 weeks out of the year. He said the location already has a well and septic and the only hookup needed is for electric. He said they will be renting a house across the street while making improvements on their lot. Mr. Levesque asked if anyone wished to speak regarding the application.
A gentleman representing Don and Shari Stahl asked that a letter sent by them be read into the record.
Mr. Levesque read the letter into the record. The Stahl’s letter indicated their objection based on Zoning Codes that prohibit using campers as residences and concern that the camper will not go away in 4 years.
Mrs. Emick read into the record a letter from Nancy & Jeffrey Link 6/21/22, indicating an issue with already in use long term campers/trailers at 3611 and 3627 Wells Bay Rd. with no permanent structure on the horizon. Anne Marie Damore-Bialowski said she owns the property adjacent to the Lash property. She said there are already 2 campers located in the R-3 District there; one long term and another put on last year. She said she has no objection to the camper being located there because it is a single family and will not be long term. Mr. Lawson said Sec. 202 references Temporary Dwelling Unit (i.e. travel trailer) is not considered the primary dwelling unit located on the property. Sec. 631 discusses inhabitation time and Residential and Commercial limited to 14 days per 2 months. He said in essence you could park an RV on your property indefinitely if you have a primary dwelling unit, but the travel trailer is a temporary dwelling unit and cannot be considered a primary dwelling unit. There was discussion of the definition of Accessory Dwelling Unit. There was discussion that the town can allow by permit someone to live in a travel trailer while construction is ongoing on a permanent dwelling. There was discussion of the timeline on the building of the home. Mrs. Emick clarified with Mr. Lash that no construction would even begin in the next 2 years.
Mr. Levesque asked if anyone wished to speak regarding the application. He read into the record Zoning Code Sec. 904D. Use Variances. Mr. Lawson discussed with the board whether this would be characterized as a Use Variance or a Special Use Permit. It was determined that it would be a Use Variance.
Mr. Levesque motioned to grant a Use Variance to Lash Real Estate, LLC, Gary Lash, Jr. to
put a camper on property for 4 years until new home is built in the R-3 District which does not comply with Zoning Code Sec. 202; 403; & 631, and located at 3645 Wells Bay Rd., specifically Section 332.11-1-22.4 as outlined in the application and these minutes. Mrs. Emick seconded.
YES (3): Michalak, Emick, Stow. NO (4): Levesque, Ortman, Thomas, Vaillancourt. The application was denied.
On a motion made by Mr. Levesque, seconded by Mr. Thomas, and none being opposed, the hearing was adjourned at 8:15 PM.
Nancy Thomas
Town Clerk
