Zoning Board of Appeals

Regular Meeting and Public Hearing

February 11, 2014

 

Chairman Gary Daum called the Regular Meeting to order at 7:00PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.

 

Those Present:             Gary Daum, ZBA Chairman      

                                    Mike Boring, ZBA Member

Pat O’Brien, ZBA Member

Donna Bane, ZBA Member

                                    Paul Lauze, ZBA Member

Dawn Metty, Deputy Clerk

                                    Dan Wolfe, Code Enforcement Officer

                                    Steve Freeman, Town Board Member

                                   

MINUTES:

 

Chairman Gary Daum entertained a motion to accept the minutes from the October 8, 2013 meeting.

 

RESOLUTION NO.  1-02/14

 

RESOLUTION TO ACCEPT THE MINUTES FROM THE OCTOBER 8, 2013 MEETING AS PRESENTED TO EACH BOARD MEMBER.

 

RESOLVED, to accept the minutes from the October 8, 2013 meeting as presented to each Board Member.

 

Offered:  Donna Bane

Seconded:  Pat O’Brien

 

Votes:  5 Ayes (O’Brien, Bane, Lauze, Boring, Daum); 0 Nays

 

Chairman Gary Daum read an article that was in the paper regarding puppy mills in NY.  Governor Cuomo signed a “Puppy Mill” Law.

 

Dan Wolfe told the Zoning Board that the Town of Yates Planning Board is pro-active.  The Zoning Regulation book does have kennels in it, which is quite lenghthly.  There are kennels in the Town of Yates.  They have Special Use Permits and he does inspect them.

 

Chairman Gary Daum – We have a new application for an Area Variance from Harold Suhr, its similar to the last ones.  He is asking for a 50’ front setback variance for the principal structure and an 18’ setback variance for decks.

 

Dan Wolfe mentioned that all good lots are gone and most very thing else is non-conforming lots.  There is a break wall it’s been there for about 60 years.

 

Steve Freeman mentioned that Shadigee is not in the hazard area like the DEC thought it was.

 

Chairman Gary Daum – Should stick with the guidelines from the Zoning Regulation book.

 

The regular meeting adjourned for the public hearing at 7:30 pm.

 

Chairman Gary Daum called the Public Hearing to order at 7:31 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, NY 14098

 

Those Present:  Gary Daum, ZBA Chairman

                          Mike Boring, ZBA Member

                          Pat O’Brien, ZBA Member

                          Donna Bane, ZBA Member 

                          Paul Lauze, ZBA Member

  Dawn Metty, Deputy Clerk

                          Dan Wolfe, Code Enforcement Officer

                          Steve Freeman, Town Board Member

                          Harold & Joanne Suhr, Applicants

                          Agnes Recco

                                   

 

The following notice was placed in the Medina Journal Register on February 3, 2014.

 

PLEASE TAKE NOTICE; there will be a Public Hearing held on February 11, 2014 at 7:30 pm at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.  The purpose of the public hearing is for an Area Variance, Application # 01-14, submitted by Harold Suhr at 11333 Shadigee Lane FL S1, Lyndonville, New York 14098 for a 50’ front setback variance for the principal structure and an 18’ setback variance for decks.  This application may be reviewed at the Office of the Town Clerk, 8 South Main Street, Lyndonville, NY 14098 during regular business hours.

 

All persons wishing to be heard shall be heard at this time.  Correspondence may be made in person at the Public Hearing or by letter to the Town of Yates Zoning Board of Appeals.

 

The purpose of this Public Hearing is for Application #01-14 Submitted by Harold Suhr at 11333 Shadigee Lane FL S1, Lyndonville, NY 14098.  For a 50’ front setback variance for the principal structure and an 18’ setback variance for decks. 

 

Chairman Gary Daum – Denial was made because of a violation/conflict with Zoning code Section 570 Paragraph E.

 

Harold Suhr informed the Zoning Board that he wants to be able to build, he tried to save the existing structure but it’s too far gone.

Harold Suhr went over the site plan with the board.

 

Chairman Gary Daum asked Mrs. Recco if she has any concerns.

 

Mrs. Recco – Not at all.  Here to observe and learn, might need one herself.  She does not have a problem with the build.

 

Steve Freeman again informed the Zoning board and Harold Suhr that Shadigee is out of the Coastal Erosion Structure Hazard area.  Shadigee is exempt.  The DEC is out of this one.

 

Chairman Gary Daum – There is a break wall, it’s been there for a long time.  Also State highway (63) ends at 18, beyond 18 now belongs to the Town.  Which means that front or roadside setbacks are now (for Town) 30 feet instead of 50 feet (for State).  Measured from the right-of-way.

 

Pat O’Brien asked why can’t you move the setback closer to the lane way?

 

Harold Suhr – If we go back we will then be behind the other cottage.  Right now it would be even with the other cottage.

 

Donna Bane – Your 25 ft. from lake without deck, how big will the deck be?

 

Harold Suhr – The deck is going to be 2 levels upper & lower.  The top is the same as the original deck now.

 

Donna Bane asked if the DEC put the break wall in.

 

Steve Freeman said yes

 

Donna Bane asked how that would affect by putting the deck right on the break wall.

 

Steve Freeman – Not sure.

 

Harold Suhr – Will check into it and if it’s a problem, we will stop the deck short of the break wall.

 

Chairman Gary Daum asked if there were any other questions.

 

There were no other questions.

 

Chairman Gary Daum thanked Harold & Joanne Suhr for coming and let them know the Zoning Board is going to review and discuss their application.  Dan Wolfe will get back to them.

 

Motion to close Public Hearing

 

Offered by:  Donna Bane

Seconded by:  Paul Lauze

 

Votes:  5 Ayes (Bane, Daum, O’Brien, Boring, Lauze); 0 Nays

 

Motion to reconvene the regular meeting

 

Offered by:  Pat O’Brien

Seconded by:  Donna Bane

 

Votes:  5 Ayes (O’Brien, Bane, Daum, Boring, Lauze); 0 Nays

 

Donna Bane let the board know that this was her last meeting.  It’s been interesting and has enjoyed being on the board.

 

Zoning Board member Pat O’Brien made a motion to deny the application from Harold Suhr.

 

RESOLUTION # 1-2/14

 

RESOLUTION TO DENY THE APPLICATION FROM HAROLD SUHR AS PRESENTED FOR THE VARIANCE.

 

RESOLVED, to deny the application from Harold Suhr as presented for the variance.

 

Seconded by:  Donna Bane

 

Votes:  2 Ayes (O’Brien, Bane); 3 Nays (Daum, Lauze, Boring)

 

Following an additional discussion a motion was made to approve the variance as requested (per Referral #01-14)

 

RESOLUTION # 2-2/14

 

RESOLUTION TO ACCEPT THE VARIANCE AS REQUESTED (PER REFERRAL #01-14).

 

RESOLVED, to accept the variance as requested (per Referral #01-14).

 

Offered by:  Paul Lauze

Seconded by:  Mike Boring

 

Votes:  3 Ayes (Boring, Daum, Lauze); 2 Nays (Bane, O’Brien)

 

Area Variance Findings & Decision Form was filled out

 

NO FURTHER BUSINESS WAS DISCUSSED

 

Motion to adjourn meeting.

 

Offered by:  Pat O’Brien

Seconded by:  Donna Bane

 

Votes:  5 Ayes (Bane, Daum, O’Brien, Boring, Lauze); 0 Nays