Zoning Board of Appeals
Regular Meeting and Public Hearing
Chairman Ellen Tuohey called the Regular Meeting to order
at
Town Hall,
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
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
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:
Offered: Sue Forder
Seconded: Scott Goetze
RESOLUTION TO ACCEPT THE MEETING MINUTES FROM
PRESENTED TO EACH MEMBER.
RESOLVED, to accept the meeting minutes from
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
Hall,
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
LEGAL NOTICE:
PLEASE TAKE NOTICE; there will be 2 Public Hearings held
on
The purpose of the first public hearing is for Special Use Permit Application # 04-08,
submitted by Steve Mohr at 10190
Route 18,
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
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.
Ellen called for Area Variance application #05-08 submitted by Shoreline Fruits, 10190
Ms. Moeller explained that they are a dried fruit manufacturing company that has been
operating since 1986. They
recently merged with
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
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
they can’t determine where the
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
Chaffee, Yates Resident, had called the
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:
Offered: Sue Forder
Seconded: Donna Bane
RESOLUTION TO ISSUE SHORELINE FRUITS,
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:
Offered: Donna Bane
Seconded: Steve Freeman
RESOLUTION TO IS SUE JOHN
PETRONIO, 7 TIMBER TRAIL,
14420 AN AREA VARIANCE TO CREATE A NON_CONFORMING
THE
PROVIDING THAT IT IS AT LEAST 100”
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
Offered: Sue Forder
Seconded: Steve Freeman
Prepared by:
Michele Harling
Assessor