Zoning Board of Appeals
Regular Meeting and Public
Hearing
August 27, 2013
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
Dawn Metty,
Deputy Clerk
Dan Wolfe,
Code Enforcement Officer
Steve
Freeman, Town Board Member
Harold
& Joanne Suhr, Applicants
Those
Absent: Paul Lauze, ZBA Member
MINUTES:
The
Zoning Board received a request for an area variance from Harold Suhr on 11333
Shadigee Lane FL S1. Mr. Suhr is asking
for a 58’ front setback variance for a cottage and a 20’ front setback variance
for a deck.
Dan
Wolfe the Code Enforcement Officer spoke with the Town Attorney. Mr. Suhr still has to cohere to the Zoning
Regulations and can still go through with the variance.
Steve
Freeman mentioned that according to the tax map in the Assessor’s office, there
are no property lines. It’s all one
piece.
Dan
Wolfe informed the Zoning Board that Mr. Suhr is going to rebuild and extend
but he is not going to go any closer to the lake.
Chairman
Gary Daum asked about the septic system.
Harold
Suhr – Plan on putting in a new septic system.
Also going to speak with the Health Department.
Dan
Wolfe asked how far back does your property go?
Harold
Suhr – Goes back about 300 ft.
Chairman
Gary Daum asked, Would you consider moving the structure back farther?
Joanne
Suhr – The old cottage is even with the other cottages right now.
Donna
Bane asked how many feet from the back of the existing cottage to the right of
way?
Harold
Suhr – From the original cottage to the road is 38 ft. The new one will be 35 ft.
Steve
Freeman – Some advice, really think about how far you can get from the lake.
Zoning
Board Member Donna Bane moved to close the regular meeting for the public
hearing at 7:30 pm.
Seconded
by: Mike Boring
Votes: 4 Ayes (Bane, O’Brien, Daum, Boring); 0 Nays
(1 absent Paul Lauze)
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
Pat O’Brien, ZBA Member
Donna Bane, ZBA Member
Dawn Metty, Deputy
Clerk
Dan Wolfe, Code Enforcement Officer
Steve Freeman, Town Board Member
Harold & Joanne Suhr, Applicants
Those
Absent: Paul Lauze, ZBA Member
The
following notice was placed in the Medina Journal Register on August 19, 2013.
PLEASE
TAKE NOTICE; there will be a Public Hearing held on August 27, 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 # 10-13, submitted by Harold Suhr at 11333 Shadigee Lane
FL S1, Lyndonville, New York 14098 for a 58’ front setback variance for a
cottage and a 20’ front setback variance for a deck. 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 #10-13 Submitted by Harold Suhr of 11333 Shadigee Lane FL S1,
Lyndonville, NY 14098. For a 58’ front
setback variance and a 20’ front setback variance.
Chairman
Gary Daum went over the application and the SEQR form along with the
authorization to submit application from Brad Bockman, who owns the land.
Chairman
Gary Daum asked each board member along with Dan Wolfe if they had any
questions.
There
were no other questions.
Chairman
Gary Daum asked about storage space.
Harold
Suhr – there is an old small building there, plan to cut it in half and move it
to use as storage.
There
were no more questions.
Closed Public Hearing
Offered by: Pat
O’Brien
Seconded by: Donna Bane
Votes: 4 Ayes
(Bane, Daum, O’Brien, Boring); 0 Nays (1 absent Paul Lauze)
Reconvene to the regular meeting
Offered: Pat
O’Brien
Seconded:
Mike Boring
Votes: 4 Ayes
(O’Brien, Boring, Bane, Daum); 0 Nays (1 absent Paul Lauze)
The Area Variance Findings & Decision form was
filled out.
Chairman Gary Daum asked Mr. Suhr if he could come
back some.
Harold Suhr – would like to stay at 70 ft.
The Zoning Board asked – would you come back at
least 3 ft.
Harold Suhr – there is a tree in the way, moving
back we might lose the view.
Donna Bane – By bringing it back will make your deck
on more solid ground.
With some concerns Zoning Board member Pat O’Brien
made a motion to disapprove the application as presented for the variance.
RESOLUTION # 13-8/13
RESOLUTION TO DISAPPROVE THE APPLICATION AS
PRESENTED FOR THE VARIANCE.
RESOLVED, to disapprove the application as presented
for the variance.
Seconded by:
Mike Boring
Votes: 1 Aye
(Daum); 3 Nays (O’Brien, Boring, Bane) (1 absent Paul Lauze)
Too many uncertainties
Without moving it back could cause future problems
The Zoning Board suggested meeting with Dan Wolfe
again to discuss a different plan.
Dan Wolfe asked the Zoning Board about the variance
for the deck – can he keep that.
The Zoning Board is ok with that.
NO FURTHER BUSINESS WAS DISCUSSED
Meeting adjourned at 8:20 pm
Offered by: Pat
O’Brien
Seconded by:
Donna Bane
Votes: 4 Ayes
(Bane, Daum, O’Brien, Boring); 0 Nays (1 absent Paul Lauze)