Zoning Board of Appeals
Regular Meeting and Public
Hearing
August 12, 2014
Chairman Gary Daum called the Regular Meeting to order at 7:00 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.
Those
Present: Gary Daum, ZBA Chairman
Mike Boring,
ZBA Member
Paul Lauze,
ZBA Member
Pat O’Brien,
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 April 8, 2014 meeting.
RESOLUTION NO. 6-8/14
RESOLUTION
TO ACCEPT THE MINUTES FROM THE APRIL 8, 2014 MEETING AS PRESENTED TO EACH BOARD
MEMBER.
RESOLVED,
to accept the minutes from the April 8, 2014 meeting as presented to each Board
Member.
Offered: Pat
O’Brien
Seconded: Mike Boring
Votes: 4 Ayes (O’Brien, Lauze, Boring, Daum); 0 Nays
Chairman
Gary Daum – This is application 04-14 for an Area Variance from Scott Peters. He is asking for a Section 103 Paragraph E of
the Town of Yates Zoning that precludes the erection of more than one principal
building on a single lot of record.
Dan
Wolfe – Scott approached him 3 months ago regarding building another cottage.
Dan spoke with the Town Attorney. The
Town Attorney said to go with a variance for a Section 103 Paragraph E of the
Town of Yates Zoning that precludes the erection of more than one principal
building on a single lot of record. Dan
also said to state conditions as well.
Steve
Freeman mentioned he will have to find a way to make 2 conforming lots if he
ever decides to sell.
Dan
Wolfe suggested that if the variance is granted and nothing is done within a
year, the variance will be void. He also
needs to meet all regulations and Health Department approval.
Chairman
Gary Daum asked if there were any other questions.
There
were no other questions.
Area
Variance Findings and Decision sheet was filled out.
Chairman
Gary Daum entertained a motion to close regular meeting for the public hearing
at 7:30 pm.
Offered: Paul
Lauze
Seconded: Pat O’Brien
Votes: 4 Ayes (Lauze, O’Brien, Boring, Daum); 0 Nays
Chairman
Gary Daum called the Public Hearing to order at 7:30 pm, at the Yates Town
Hall, 8 South Main Street, Lyndonville, NY 14098
Those
Present: Gary Daum, ZBA Chairman
Mike Boring, ZBA
Member
Paul Lauze, ZBA Member
Pat O’Brien,
ZBA Member
Dawn Metty,
Deputy Clerk
Dan Wolfe, Code Enforcement Officer
Steve Freeman, Town Board Member
Scott & Torrey Peters, Applicants
The
following notice was placed in the Batavia Daily News on August 4, 2014.
PLEASE
TAKE NOTICE; there will be a Public Hearing held on August 12, 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 # 04-14, submitted by Scott Peters at 11635 Botsford Lane
FL 10, Lyndonville, New York 14098 for Section 103 Paragraph E of the Town of
Yates Zoning to permit the construction of a second principal building on a
single lot of record. 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.
Chairman
Gary Daum read the Legal Notice that was in the paper. He then went over the application submitted
by Scott Peters. Chairman Gary Daum did
remind Scott Peters that he needs to send the authorization to submit
application on behalf of property owner to Dan Wolfe.
Chairman
Gary Daum asked Scott Peters to verify where on the colored property map he
wants to build.
Scott
Peters pointed to the blank white square. (See attached) He also mentioned that building another
cottage was the best solution as to what they would like for the family.
Chairman
Gary Daum asked if there were any more questions.
Paul
Lauze – How big is the lot where the barn is?
Scott
Peters – The barn and cottage is all one lot.
Chairman
Gary Daum mentioned that the Health Department, National Grid, and Yates Water
Department will need to be contacted as to what he wants to do.
Steve
Freeman – Are you going to meet all property setbacks?
Scott
Peters - Yes
There
were no more questions
Chairman Gary Daum made a motion to close Public
Hearing.
Offered by:
Paul Lauze
Seconded by: Mike
Boring
Votes: 4 Ayes
(Daum, Boring, Lauze, O’Brien); 0 Nays
Reconvene to the regular meeting
Chairman Gary Daum went over and filled out the
Final Decision Form.
Chairman Gary Daum made a motion to vote to approve Scott
Peters Area Variance application # 04-14 with the conditions 1. To grant the variance for 1 year only. 2. Should lot be
separated, it must be a conforming lot.
RESOLUTION # 7-8/14
RESOLUTION TO APPROVE SCOTT PETERS
AREA VARIANCE APPLICATION #04-14 WITH THE CONDITIONS 1. TO
GRANT THE VARIANCE FOR 1 YEAR ONLY. 2. SHOULD LOT BE SEPARATED, IT MUST
BE A CONFORMING LOT.
RESOLVED, to approve Scott Peters area
variance application #04-14 with the conditions 1. To grant the variance for 1 year only. 2. Should lot be
separated, it must be a conforming lot.
Votes: 4 Ayes
(Daum, Boring, Lauze, O’Brien); 0 Nays
NO FURTHER BUSINESS WAS DISCUSSED
Motion to adjourn meeting.
Offered by: Paul Lauze
Seconded by:
Mike Boring
Votes: 4 Ayes
(Daum, Boring, Lauze, O’Brien); 0 Nays