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)