Zoning Board of Appeals

Regular Meeting and Public Hearing

November 20,2008

 

 

Chairman Ellen Tuohey called the Regular meeting to order at 7:02, at the Yates Town

Hall, 8 South Main Street, Lyndonville, New York 14098.

 

Those Present:    Ellen Tuohey, ZBA Chairman

Steve Freeman, ZBA Board Member

Donna Bane, ZBA Board Member

Sue Fodder, ZBA Board Member

John Benson, Councilman

Daniel Wolfe, Code Enforcement Officer

Wendy Thering, Deputy Clerk

 

THOSE EXCUSED:    Scott Goetze

 

MINUTES:

 

Chairman Ellen Touchy opened the meeting with review of application #07-08, submitted

by Bonnie Hart way, 3654 N. Gravel Rd. Medina New York, 14103. She’s seeking an

area variance for an addition to their residence at 10769 Smyth Lane # 39, Lyndonville

New York, 14098.

 

Dan Wolfe went down to the site and got pictures and measurements. He mentioned the

house in on pillars and it wasn’t code.

 

Sue talked that Bonnie needed 60’ variance from the lake, she was concerned with it

being so close to the lake, and Sue would like to see the residence moved.

 

Steve mentioned the problem with being to close to the lake, erosion and the house being

on pillars. He said that she should be 75’ from lake.

 

Board Members would like to see the home moved back to the 75’ before any new

additions are started.

 

Sue discussed the training course in Albion, she had a question about Alternate Zoning

Board Member (see attached letter) .We don’t have one right now, and incase of a tie or

if a member is absent they would need an Alternate.

 

John Belson mentioned that one of the Planning Board Members would be able to attend

if they needed.

 

Members reviewed the Findings & Decision for.

Questions 1: Whether undesirable, change would be produced in character of

neighborhood or detriment to nearby properties.

 

Answer:     No

 

Question 2: Whether benefit sought by applicant can be achieved by a feasible alternative

to the variance.

 

Answer:     Yes — move building back and to the east and put foundation.

 

Question3:  Whether the requested variance is substantial:

 

Answer:     Yes 60’ variance

 

Question 4: Would the variance have an adverse impact on the physical or environmental

conditions in the neighborhood:

 

Answer:     No

 

Question:   5 Whether the alleged difficulty was self-created.

 

Answer:     Yes

 

The meeting was adjourned for public hearing.

 

Chairman Ellen Tuohey called the Public Hearing to order at 7:30 PM., at the Yates

Town Hall, 8 South Main Street, Lyndonville New York 14098.

 

Those Present: Ellen Touchy, ZBA Chairman

Steve Freeman, ZBA Board Member

Donna Bane. ZBA Board Member

Sue Fodder, ZBA Board Member

John Benson, Councilman

Daniel Wolfe, Code Officer

Wendy Thering, Deputy Clerk

Bonnie Hartway, Applicant

Jim Baunsbach, Resident

Chris Craft, Resident

Margaret Craft, Resident

 

The following notice was placed in the Medina Journal Register on 12,2008.

 

PLEASE TAKE NOTICE, there will be a Public Hearing held November 20,2008 at

7:30PM at the Town Hall, 8 South Main Street, Lyndonville New York 14098.The

purpose of the public hearing is for an Area Variance for a lake Front Property Line for

Application # 07 of 2008 to add an addition on her property as presented by Bonnie Hart

 

way, 10769 Smyth Lane 39, New York 14098. The application may be reviewed at the

office of the Town Clerk, 8 South Main Street Lyndonville New York 14098 during

regular office 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.

 

TESTIMONY

 

Ellen opened the public hearing with the Pledge of Allegiance when the review of

application #07-08 for Bonnie Hart way 3654 N. Gravel Rd. MedinaNY. 14103 owner of

property at 10769 Smythe Lane, Lyndonville NY. 14098.

 

Bonnie Hart way stood introduced herself and explained the application. She is seeking a

60’ area variance for an addition to her cottage at her property on Smythe Lane.

 

Bonnie explained that they bought the cottage from a neighbor years ago and the cottage

had water problems. Bonnie handed out colored pictures of the residence and the

improvements she had made.

 

The Board reviewed the pictures. Bonnie stated that she wanted to fix it up for her

children to use.

 

Ellen had concerns about the property being on pillars, no foundation the brake wall and

being so close to the lake. Do you not have any concerns with it being so close to the

lake?

 

Bonnie commented that she thought that a conventional foundation would weaken the

land more. Bonnie said that it would cost too much money to move the structure. Bonnie

would like to be able to do what she wants to the property and if the structure isn’t there

in 25 years then she wouldn’t mine. Bonnie mentioned that she took an addition off and

wants to put this new addition on in a different place.

 

Sue asked her to show the board where on the map she had taken the addition off.

 

Steve asked how long ago the riff raft was put in?

 

Bonnie stated that it has been about 3 years ago.

 

The board asked questions about where her property lines where.

 

Steve mentioned about the struggle he was having with her application, you are way to

close to the lake, as far as our zoning law. The Coastal Erosion Law with Yates, Carlton

and Kendall you would be in violation that ordinance.

Bonnie said you wonder who started thinking along these lines?

 

Ellen stated that this coming down from Albany.

 

Sue asked Bonnie if we let you build this addition, would you be putting it on pillars?

 

Bonnie responded yes, I would like to match the rest of the house.

 

Sue we try to be up front with everyone. We struggle over hardship with you because

You could move the cottage back to conform to codes

 

Bonnie said the cost, could reach 10,000 or 20,000 dollars.

 

Ellen stated even though we sympathize with your problem we can’t change the fact that

the structures to close to the lake. I would like to say I love improvements you have done

to the cottage.

 

Bonnie stated she was asking for this variance to make to it useable.

 

Sue stated that we are here for the area variance not a use variance.

 

Steve stated that the difference between the variance was use variance application is for

business and that’s not what you are seeking. Its expense water front property we are

trying to preserve it. We understand that it’s hard.

 

Sue we understand but it’s a self-created hardship. I think its great to improve, but that

you could move it, and conform to the Zoning Laws.

 

Ellen asked if there were any other questions.

 

RESOLUTION: #07-08

 

Offered:    Donna Bane

Seconded:   Sue Forder

 

RESOLUTION TO DENY BONNIE HARTWAY, 10769 SMYTHE LANE #39

LYNDONVILLE NEW YORK 14098.A 60’ LAKE VARAINCE FOR AN ADDITION.

 

 

RESOLVED to deny Bonnie Hartway 10769 Smyth Lane #39 Lyndonville New York

14098.a 60’ variance to the lakeside for the addition.

 

Votes:      4 Nays [Bane, Freeman, Fodder, Thuoey] 0 Ayes 1 Absent

 

As there is no further business to discuss, the meeting was closed at

Gary Daum on County Meetings - added he thought the training went well;

 

 

Daniel Wolfe discussed Special Use Permit —fire safety, business and dwellings have all the kennels

inspected, would like to do something to dwellings - foundations, [continues footers] Doublewides, trailers

—exception because they can set on pillars. Building permits [garages] with bunkhouses on top wanted

boards input. Discussed the Zoning Laws members thought the defining difference was bathrooms. Next

meeting agenda will be on this topic dwelling bunkhouses over the garages.

 

 

As there was no further business to discuss the meeting was closed at 8:15 PM.

 

 

Offered; Ed Urbanik

Seconded:   Richard Kurz

 

 

Prepared by

Wendy Thering

Deputy Clerk