Chairman Ellen Tuohey called the Regular meeting to order
at
Hall,
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,
area variance for an addition to
their residence at
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
Town Hall,
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
PLEASE TAKE NOTICE, there will be a Public Hearing held November
20,2008 at
purpose of the public hearing is
for an Area Variance for a
Application # 07 of 2008 to add an addition on her property as presented by Bonnie Hart
way,
office of the Town Clerk,
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
Appeals.
TESTIMONY
Ellen opened the public hearing with the Pledge of
Allegiance when the review of
application #07-08 for Bonnie
Hart way
property at
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
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,
and
Bonnie said you wonder who started thinking along these lines?
Ellen stated that this coming down from
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,
LYNDONVILLE
RESOLVED to deny Bonnie Hartway
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