Zoning Board of Appeals
Regular Meeting and Public
Hearing
May 21, 2013
Chairperson Sue Bane called the Regular Meeting to order at 7:01PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.
Those
Present: Sue Bane, ZBA Chairperson
Paul Lauze,
ZBA Member
Gary Daum, ZBA Member
Pat O’Brien, ZBA Member
Donna Bane, ZBA Member
Dawn Metty,
Deputy Clerk
Steve
Freeman, Town Board Member
Dan Wolfe,
Code Enforcement Officer
MINUTES:
The
first is Application #07-13 submitted by Jon Neal on behalf of Dorothy
Fitzgerald on 10483 Willow Lane FL 59 for a porch. Jon Neal is asking for a 15’ private lane
setback variance on behalf of Dorothy Fitzgerald.
Chairperson
Sue Bane asked if any of the board members went to see the property.
Paul
Lauze went down to see the property.
Dan
Wolfe addressed the board to “clear the air” regarding construction of the
porch that has already started. He spoke
with Rick Mufford from Country Contracting a week or so ago for a building
permit to build the porch. Dan Wolfe
gave the ok to build. Country
Contracting started before getting the building permit. Dan Wolfe then realized they needed a
variance. Country Contracting was
notified of this and continued to build.
The
variance should have been passed before the building permit.
Sue
mentioned that the porch is not any closer at either ends and there is plenty
of room to the sides.
Pat
O’Brien made a motion for Gary Daum to go to the Town Board and ask them to
send a courtesy letter to local contractors to remind them to make sure they
have building permits before starting construction.
Seconded
by: Donna Bane
Votes: 5 Ayes (Bane, Lauze, Bane, O’Brien, Daum); 0
Nays
The
Area Variance Findings & Decision form was filled out.
Next
is Application #08-13 for a 50’ north side property line setback variance at 1724
Murdock Rd. submitted by Joseph & Gail Reynolds.
Chairperson
Sue Bane, Donna Bane, and Paul Lauze went down to see the property.
There
is 140 ft. on the one side. While
looking at the property, Chairperson asked Mrs. Reynolds if they could move the
pond over.
Mrs.
Reynolds said no because it’s very low in the one area. They did decide to make the pond only 100 ft.
instead of 125 ft.
Chairperson
Sue Bane suggested moving the pond 10 ft. closer to the other side. They do have a lot of land.
The
dirt from the pond will be used for the pole barn.
The
Area Variance Findings & Decision form was filled out.
Chairperson
Sue Bane closed the regular 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
Pat O’Brien, ZBA Member
Donna Bane, ZBA Member
Dawn Metty, Deputy
Clerk
Steve Freeman, Town Board Member
Dan Wolfe, Code Enforcement Officer
Joseph & Gail Reynolds, Applicants
Dorothy Fitzgerald, Applicant
Rick Mufford, Country Contracting
Jon Neal, Country Contraction
Kim Keil, Lake Resident
Jane Chmielewski, Lake Resident
Chris Craft, Observer
Richard Craft, Observer
The
following notice was placed in the Medina Journal Register on May 17, 2013.
PLEASE
TAKE NOTICE; there will be 2 Public Hearings held on May 21, 2013 at 7:30 pm at
the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098. The purpose of these public hearings is for Area
Variances. The first is Application # 07-13, submitted by Jon Neal on behalf of
Dorothy Fitzgerald at 10483 Willow Lane FL 59, Lyndonville, New York 14098 for
a 15’ private lane setback variance. The
Second Application # 08-13, submitted by Joseph & Gail Reynolds at 1724
Murdock Rd., Lyndonville, New York 14098 for a 50’ north side property line
setback variance. These applications 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
first Application #07-13 Submitted by Jon Neal on behalf of property owner Dorothy
Fitzgerald at 10483 Willow Lane FL 59, Lyndonville, NY 14098.
Chairperson
Sue Bane asked Jon Neal what he was building.
Jon
Neal – It’s an 8 x 28 screened in porch on the east side of cottage.
Chairperson
Sue Bane let the board know that construction had already started as of May 13th
and that there was no building permit issued.
There was a stop work order yesterday (May 20th).
Chairperson
Sue Bane asked that from now on Jon Neal gets building permits before starting
a job and to wait if a variance is needed.
Kim
Keil a neighbor on the east side of Dorothy Fitzgerald said that the porch is a
great improvement and has no issue with it.
Jane
Chmielewski a neighbor on the west side of Dorothy Fitzgerald also said that
she has no issue.
Chairperson
Sue Bane asked the board if they had any questions.
There were no questions or concerns
with this application.
RESOLUTION
# 07-2013
RESOLUTION
TO ACCEPT THE 15’ PRIVATE LANE SETBACK VARIANCE FROM JON NEAL ON BEHALF OF DOROTHY
FITZGERALD AT 10483 WILLOW LANE FL 59, LYNDONVILLE, NY 14098
RESOLVED,
to accept the 15’ private lane setback variance from Jon Neal on behalf of Dorothy
Fitzgerald at 10483 Willow Lane FL 59, Lyndonville, NY 14098
Votes: 5 Ayes
(Bane, Lauze, Bane, Daum, O’Brien), 0 Nays
The second Application #08-13 is for a 50’ north side
property line setback variance submitted by Joseph & Gail Reynolds at 1724
Murdock Rd., Lyndonville, NY 14098
Mr. Reynolds – Just recently purchased the house and
there is a spot where it is very wet.
The property is long and narrow.
The pond is now going to be 50 x 100.
Chairperson Sue Bane mentioned that on the
application it is 125’. By reducing to
100’ are you willing to move it over? As
long as it’s within the Zoning you wouldn’t need a variance. That’s something you could talk to Dan Wolfe
about.
Mr. Reynolds – Maybe I could forget about putting
the pond behind the house and move it to the woods instead.
Gary Daum asked where their septic was located.
Mr. Reynolds- North-West of the house, it’s a raised
septic. The pond would be close to the
septic.
The board let Mr. Reynolds know that according to
the health department ponds should be 100 ft away from the septic. Need to stay away from the septic.
Chairperson Sue Bane gave Mr. Reynolds a couple of
options.
1. Could approve the variance with a
stipulation.
2. Could deny as is and he could come back with
another plan. The board would waive the
fee.
Mr. Reynolds would like the variance on the north
side.
Chairperson Sue Bane made a motion to give a 50’
side setback variance on the north side with the leniency to move the pond east
or west or south and is within our zoning & health codes for the septic.
Seconded by Pat O’Brien
Votes: 5 Ayes
(Bane, Lauze, Bane, Daum, O’Brien) 0 Nays
Chairperson Sue Bane asked the board if they had any
questions.
There
were no other questions.
RESOLUTION# 07-2013
RESOLUTION TO ACCEPT THE 50’ SIDE SETBACK VARIANCE ON
THE NORTH SIDE WITH THE LEANIENCY TO MOVE THE POND EAST OR WEST OR SOUTH AND
ARE WITHIN OUR ZONING AND HEALTH CODES FOR THE SEPTIC.
RESOLVED, to accept the 50’ side setback variance on
the north side with the leniency to move the pond east or west or south and are
within our zoning and health codes for the septic.
Votes: 5 Ayes
(Bane, Lauze, Bane, Daum, O’Brien), 0 Nays
Dan Wolfe gave a copy of the Zoning Regulations to
Mr. & Mrs. Reynolds.
NO FURTHER BUSINESS WAS DISCUSSED
Public Hearing adjourned at 8:00 pm
Offered by: Gary
Daum
Seconded by:
Pat O’Brien
Votes: 5 Ayes
(Bane, Lauze, Bane, Daum, O’Brien), 0 Nays