Zoning Board of Appeals

Regular Meeting and Public Hearing

September 18, 2008

 

Chairman Ellen Tuohey called the Regular Meeting to order at 7:00PM, at the Yates

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

Those Present:    Ellen Tuohey, ZBA Chairman

      Steve Freeman, ZBA Member

      Sue Forder, ZBA Member

      Scott Goetze, ZBA Member

Donna Bane, ZBA Member

Jennifer Draper, Deputy Clerk

      Jeanne Whipple, Realtor

 

MINUTES:

 

Chairman Ellen Tuohey opened the meeting with review of Area Variance Application

#05-08, submitted by Shoreline Fruits for their property at 10190 Roosevelt Hwy.

Lyndonville NY 14098. They are seeking a front yard setback of 42’. Ellen did talk to

Shoreline Fruits about said variance.

 

Scott Goetze mentioned that he walked the area and felt that they would need a 92’

variance from the center of the road and that the church is closer to the applicant’s

property than the Country Store.

 

Members reviewed the Finding & Decision form.

 

Question 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: No.

 

Question 3: Whether the requested variance is substantial:

 

Answer: Yes, 42’. The Zoning Board decided to use an alternate calculation of 100’

from the center of the road.

 

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

conditions in the neighborhood:

 

Answer: No.

 

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

Answer:     Yes.

 

Next, application #06-08 was reviewed as submitted by John Petronio for his property at

12543 Bane Lane, Lyndonville, NY 14098.

 

Mr. Petronio would like to re-create a 20,000sf lot that was a legal lot-of-record before he

combined lots for taxation purposes to the current size.

 

Sue Forder called David Schubel for his legal opinion.

 

Jeanie Whipple asked if the parcel was a building lot.

 

Steve Freeman felt that the Board could decide if Mr. Petronius can sub-divide his

property but that the resident does not need a variance to sell a piece of his property.

 

Sue Forder mentioned that the Board may allow a non-conforming lot to be created but

may not decide whether or not somebody can build on it.

 

Members reviewed the Findings and Decision form.

 

Question 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:     No.

 

Question 3: Whether the requested variance is substantial:

 

Answer:     Yes, 10,000sf

 

 

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.

 

RESOLUTION: 05-09/08

 

Offered:    Sue Forder

Seconded:   Scott Goetze

 

RESOLUTION TO ACCEPT THE MEETING MINUTES FROM JUNE 19, 2008 AS

PRESENTED TO EACH MEMBER.

 

RESOLVED, to accept the meeting minutes from June 19, 2008 as presented to each

member.

 

Vote: 5 Ayes (Forder, Freeman, Goetze, Tuohey, and Bane)

 

At this time, the meeting was adjourned to the public hearing.

 

Chairman Ellen Tuohey called the Public Hearing to order at 7:3 1PM, at the Yates Town

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

 

Those Present:    Ellen Tuohey, ZBA Chairman

Steve Freeman, ZBA Member

Scott Goetze, ZBA Member

Sue Forder, ZBA Member

Donna Bane, ZBA Member

Jennifer Draper, Deputy Clerk

Dan Wolfe, Code Enforcement Officer

Jeanne Whipple, Realtor

Ann Moeller, Financial Manager, Shoreline Fruits

 

 

Chairman Ellen Tuohey opened the meeting with the pledge of allegiance.

 

The following legal notice was placed in the Medina Journal Register on Thursday,

March 13, 2008:

 

LEGAL NOTICE:

 

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on September 18, 2008 at

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

The purpose of the first public hearing is for Special Use Permit Application # 04-08,

submitted by Steve Mohr at 10190 Route 18, Lyndonville, NY 14098 for an Area

Variance at Shore Line Fruit, same address as above. The second public hearing is for

Special Use Permit #05-08 submitted by Joann Petronio, 7 Timber Trail, Brockport, New

York 14420 for an Area Variance at 12543 E. Lake Rd. (Bane Lane FL46), Lyndonville,

New York 14098. These applications 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.

 

Ellen called for Area Variance application #05-08 submitted by Shoreline Fruits, 10190

Roosevelt Hwy. Lyndonville, NY 14098.

 

Ms. Moeller explained that they are a dried fruit manufacturing company that has been

operating since 1986. They recently merged with Michigan Cherry Farmers in April of

2008. Explained that they have gone through dramatic growth during the last 5 years.

Currently they have 90 employees working 3 shifts, 7 days a week. This has been

difficult for the front office staff who expanded from 2 to 6 within a year and a half. The

existing office space is an old house located at the front of the property. They would like

to place an office mobile on the site, connected to the current office building. They need

additional space immediately because of expected growth in the near future that may only

be used for a few years.

 

Ellen asked Dan to explain the problem with this variance request. Dan explained that

the Applicant would have to comply with the NYS Building Code. Specifically, he

mentioned a frost-free foundation that is 6” thick with anchors so the building cannot

blow away. Even though the building may be temporary to the company, it needs to be

installed as a permanent building.

 

Steve Freeman explained that to comply with our current zoning the building would have

to be 100’ from the ROW. Because the road has changed so much through the years and

they can’t determine where the ROW begins, the Board will use the center of the road

and measure from there to the proposed building site. They measured this distance and

came up with 58’ so feel that the applicant is looking for a 42’ variance.

 

Ms. Moeller explained that they did not push the building back further because it would

be too close to the church and they would like to line up the office space so both

buildings can share office equipment like printers and fax machines.

 

Ellen Tuohey added to the record (at the end of the second Public Hearing) that Dudley

Chaffee, Yates Resident, had called the Deputy Town Clerk earlier that day to express

that he had no problem, as an adjacent neighbor, to Shoreline Fruit’s application for an

Area Variance.

 

Ellen Tuohey called for a vote.

 

RESOLUTION NO: 06-09/08

 

Offered:    Sue Forder

Seconded:   Donna Bane

 

RESOLUTION TO ISSUE SHORELINE FRUITS, 10190 ROOSEVELT HIGHWAY,

LYNDONVILLE, NY 14098, AN AREA VARIANCE FOR A 42’ FRONT YARD

SETBACK FOR OFFICE BUILDING.

 

RESOLVED, to issue Shoreline Fruits, 10190 Roosevelt Highway, Lyndonville, NY

14098 an Area Variance for a 42’front yard setback for office building.

 

Ellen called application #06-08 as submitted by John Petronio, 7 Timber Trail,

Brockport, NY 14420 for his property at 12543 Bane Lane, Lyndonville NY, for an area

variance to re-sell a lot that was purchased as a building lot and combined with original

property.

 

Jeanne Whipple explained that the original map, from when the parcels were bought,

show the separate parcels and lot lines and that for tax purposes only, the resident

combined the parcels because that was what they were advised to do. By combining the

land, they were able to save money because their assessment was lowered. Now they

would like to sell the original 100’ lot separate from the whole parcel. They tried to sell a

300’ lot with the structure but nobody wanted that much frontage so they would like to

split it up.

 

Steve asked what the Petronio’s were going to do with the remaining 150’ lot to the

West.

 

Jeanne mentioned that they were not planning on selling the 150’ of frontage. They

would like to keep it for their family. They have a buyer for the house and 200’ of

frontage and will sell the 100’ lot.

 

Ellen talked to the neighbors and they had no problem with it.

 

Sue Forder talked to David Schubel, Yates Town Attorney, who stated that the Zoning

Board could declare the lot non-conforming but that they cannot say whether or not a

person can build on it. Whoever buys the lot would then follow-up with the Code

Enforcement Officer to see if they can build on the lot. They may have to seek an Area

Variance at that time.

 

Ellen Tuohey reiterated that the Board may only grant a variance to create a non-

conforming lot.

 

Steve Freeman suggested that the motion contain language to create a non-conforming lot

using the lot description for the East parcel, only. He will have to use the existing deed to

create the new description for the lot.

 

Sue questioned whether or not the lot would have to be re-surveyed.

 

Jeanne Whipple explained that the surveyor would be referencing the old deed.

 

RESOLUTION NO: 07-09/08

 

Offered:    Donna Bane

 

Seconded:   Steve Freeman

 

RESOLUTION TO IS SUE JOHN PETRONIO, 7 TIMBER TRAIL, BROCKPORT, NY

14420 AN AREA VARIANCE TO CREATE A NON_CONFORMING LOT USING

THE LOT DESCRIPTION AND ORIGINAL DEED FOR THE EAST PARCEL AND

PROVIDING THAT IT IS AT LEAST 100” WIDE AT 12543 BANE LANE,

LYNDONVILLE, NY 14098.

 

RESOLVED, to issue John Petronio, 7 Timber Trail, Brockport, NY 14420 an Area

Variance to create a non-conforming lot using the lot description and original deed for the

East parcel and providing that it is at least 100’ wide at 12543 Bane Lane, Lyndonville,

NY 14098.

 

Vote: 5 Ayes (Forder, Freeman, Goetze, Tuohey, and Bane)

 

As there was no further business to discuss, the public hearing was closed at 7:55pm.

 

Offered:    Sue Forder

Seconded:   Steve Freeman

 

Prepared by:

Michele Harling

Assessor