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