TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 10/26/2022, 7:00 PM
ZONING BOARD MEMBERS PRESENT: JIM LEVESQUE ROGER VAILLANCOURT
WILL ORTMAN GREG MICHALAK
Dale Robbins, Attorney
Kelly Johnson, Attorney
Stephanie Gibbs, Deputy Town Clerk
Others Present: Derek Sullivan; Louis Spilker
Mr. Levesque opened the hearing at 7:00 PM. Kelly Johnson, Attorney swore in all who intend to speak regarding the applications before the board.
- MR. LEVESQUE MOTIONED TO ADOPT THE MINUTES OF THE 9/28/22 ZONING BOARD OF APPEALS HEARING AS PRESENTED BY THE TOWN CLERK. MR. ORTMAN SECONDED. YES (5): LEVESQUE, MICHALAK, THOMAS, ORTMAN, VAILLANCOURT. NO (0). THE MOTION WAS CARRIED.
- Drexeler LLC Decision on re-hearing held 6/22/2022.
Mr. Levesque said the Zoning board and council has been informed that Drexeler LLC will be withdrawing their application and no further action is required at this time (see documents attached)
- MR. LEVESQUE MOTIONED TO ECCEPT THE DOCUMENTS STATING DREXELER LLC WILL WITHDRAW THE VARIANCE APPLICATION PENDING BEFORE THE ZBA. MR. MICHALAK SECONDED. YES (5): LEVESQUE, MICHALAK, THOMAS, ORTMAN, VAILLANCOURT. NO (0). THE MOTION WAS CARRIED.
2. Derek & Laura Sullivan requesting an Area Variance to construct a house in the R-1 district on a lot smaller than allowed according to Zoning Code Sec. 403 located at 3695 Lakeland Ave., specifically Sec. 332.12-1-45.
Mr. Sullivan said the size of the building is too big for the lot. He said there was an old, abandoned house on that lot that has been remove for about a year and the lot is now a vacant lot. Mr. Ortman asked what the size of the original home was. Mr. Sullivan said it was 1,200 sq. ft. He said the first floor of the home will be 1,428 sq. ft. Mr. Thomas asked if the footprint of the old structure is available. Mr. Sullivan said he has it and can get it to the board. Mr. Ortman asked what the dimensions of the original building was. Mr. Sullivan said it was 40ft. wide and 22ft. deep. Mr. Levesque said the board recognized some missing information on the application and the address on the print does not match the address on the application. Mr. Sullivan said when he bought the building he was asking during closing if he minded using the address 3695 Lakeland Ave. He said the change was made in the town office and he agreed to the address change, but it didn’t matter to him what address was used. Mr. Levesque asked when he anticipated construction to begin. Mr. Sullivan said ASAP. He said he has already put it on hold for months because of material prices and it is a personal project, so he is ready to get it going. He said he would pour a pad before it snowed. Mr. Ortman asked what the correct square footage of the lot was. Mr. Sullivan said it is on the survey. He said it is 16,403sq. ft. Mr. Levesque asked if the square footage of the new building was up 228sq. ft. from the old
building. Mr. Sullivan said correct. Mr. Levesque asked if the setbacks were all met. Mr. Sullivan said they were. Mr. Thomas asked if he could show them how the old house sat on the property. Mr. Sullivan said the old house was only 15ft. off the road edge and they slid it back. He said the new house is much deeper compared to the old house that was much wider. Mr. Spilker said he owns the property on the corner right next to the property being discussed. He said the proposed plan is a lot better than what was there. Mr. Levesque asked if he had any concerns. Mr. Spilker said he has no concerns. He read into the record Zoning Ordinance SECTION 904 – Use and Area Variances; C. Area Variances – 2. a) yes b) no c) yes d) no e) yes.
Mr. Levesque said last year we combined the November and December meeting into one meeting. Mr. Thomas said the November meeting is the day before Thanksgiving so they can move it to the first or second week in December and did all business in one meeting. Mr. Leveque said if in fact we have any applications. He said if not we will hold the regular meeting on January 28th. Mr. Levesque said we will plan to meet on December 14th if there are any applications.
- ON A MOTION MADE BY MR. LEVESQUE, SECONDED BY MR. VAILLANCOURT AND NONE BEING OPPOSED THE HEARING WAS ADJOURNED AT 7:20 PM.
Deputy Town Clerk