Zoning Board of Appeals
Regular Meeting and Public
Hearing
March 12, 2013
Chairperson Sue Bane called the Regular Meeting to order at 7:00PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.
Those
Present: Sue Bane, ZBA Chairperson
Paul Lauze,
ZBA Member
Donna Bane, ZBA Member
Gary Daum, ZBA Member
Pat O’Brien, ZBA Member
Dawn Metty,
Deputy Clerk
Steve
Freeman, Councilman
MINUTES:
Mr. Yoder is asking for a 1.1 acre variance
for a dog kennel. He wants to have 18
dogs, 3 males and 15 females.
Reducing
the number of dogs from 18 to 6-10 is an option for the size lot he has. The building set back is not enough. The building is 75’ and the zoning is for
100’. Not sure what kind of dogs and
what happens if he doesn’t get rid of all the puppies in a timely manner.
The
Area Variance Findings & Decision form was filled out.
Chairperson
Sue Bane closed the meeting for the public hearing at 7:30 pm.
Chairperson
Sue Bane called the Public Hearing to order at 7:30 pm, at the Yates Town Hall,
8 South Main Street, Lyndonville, NY 14098
Those
Present: Sue Bane, ZBA Chairperson
Paul Lauze, ZBA
Member
Gary Daum, ZBA Member
Donna Bane, ZBA Member
Pat O’Brien, ZBA Member
Dawn Metty, Deputy
Clerk
Marlin Yoder, Applicant
Steve Freeman, Councilman
The
following notice was placed in the Medina Journal Register on March 4, 2013.
PLEASE
TAKE NOTICE; there will be a Public Hearing held on March 12, 2013 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 # 01-13, submitted by Marlin Yoder at 2176 Angling
Rd., Lyndonville, New York 14098 for a 1.1 acre lot size Variance. 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.
This
is Application # 01-13 for Marlin Yoder requesting a 1.1 acre lot size variance
to have a dog kennel.
Chairperson
Sue Bane asked Mr. Yoder what he wants to do.
Mr.
Yoder – Has wanted to have some dogs for quite awhile now. Planning on having 3-5 different varieties. Sizes are medium to large dogs.
Females
have on average 3 to 5 puppies.
Paul
Lauze mentioned that dogs need a run outside for exercise.
Mr.
Yoder – Not aware that the dogs needed a run outside.
Chairperson
Sue Bane read the Town Zoning Regulations.
See Attached
Mr.
Yoder – Thought if you have a run inside you don’t need one outside or vise
versa.
He
is working with the USDA for wholesale selling.
The puppies will be sold when they are 8 to 10 weeks old. The females
are bred once a year on average.
A
question was asked: How do you plan on
managing the dogs?
Mr.
Yoder – Each has own cage. Plan on
taking a few at a time out to exercise.
Chairperson
Sue Bane asked if he has adequate parking.
Mr.
Yoder – Yes, quite a bit of parking.
All
buildings shall be 75 ft. from the property line, except any with animals have
to be 100 ft. from the property line.
Chairperson
Sue Bane - Why not have 6 to 10 dogs.
Mr.
Yoder – Worthwhile to focus on more dogs.
Chairperson
Sue Bane – What happens if you don’t get rid of all the puppies?
Mr.
Yoder – Don’t think it will be a problem.
Plan on selling to pet stores, thought it would be less hassle.
Donna
Bane asked: Can you build another
building further back?
Mr.
Yoder – Cheaper to use the building I already have. If it works well, I may. The USDA does come and inspect. They don’t tell you they just come.
Pat
O’Brien made a motion seconded by Donna Bane to deny the application submitted
by Marlin Yoder at 2176 Angling Rd., Lyndonville, NY 14098 as incomplete.
RESOLUTION
NO. 01-2013
RESOLUTION
TO DENY THE APPLICATION SUBMITTED BY MARLIN YODER AT 2176 ANGLING RD.,
LYNDONVILLE, NEW YORK 14098 AS INCOMPLETE.
RESOLVED,
to deny the application submitted by Marlin Yoder at 2176 Angling Rd,
Lyndonville, New York 14098 as incomplete.
Votes: 5 Ayes
(Bane, Lauze, Bane, Daum, O’Brien), 0 Nays
The board let Mr. Yoder know he can re-do the
application asking for the right variances he needs and have plans on putting a
building further back to meet the zoning requirements. A fence will have to be put up; it won’t be
for an exercise run but for a security fence around the perimeter.
NO FURTHER BUSINESS WAS DISCUSSED
Donna Bane made a motion to close the public hearing
and waive the fee for a new application.
Public Hearing adjourned at 8:30 pm
Offered by: Donna
Bane
Seconded by: Paul
Lauze
Votes: 5 Ayes
(Bane, Lauze, Bane, Daum, O’Brien), 0 Nays