Zoning Board of Appeals

Regular Meeting and Public Hearing

January 18, 2008

 

Chairman Ellen Tuohey called the Regular Meeting to order at 7:05PM, 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

                                      Scott Goetze, ZBA Board Member

                                      Sue Forder, ZBA Board Member

                                      John Belson, Councilman

                                      Janice Korff, Deputy Clerk

 

MINUTES:

 

Chairman Ellen Tuohey opened the meeting with review of application #01-08 submitted by Patrick & Sarah O’Brien, 477 Howell Parkway, Medina New York 14103. They are seeking an area variance for a carport and addition to their residence at 10875 Petrie Lane, Lyndonville.

 

Members went down to the site to get pictures and measurements.

 

Donna talked that there was 12’ from the driveway for the carport. There is approximately 80’ from the drive to the south. She also talked to Roger Wolfe about the addition and any impact it would have on his need to get big equipment if the addition was closer to the fire lane. He did not think it would be a problem.

 

Sue talked to the Fire Chief about fire trucks getting down to the site. He did not see any problem with the addition to the south side of the residence.

 

Steve mentioned that the setbacks were not set up to discourage improvements. They were set up so new cottages were not being built close to older cottages; one on top of the other.

 

Scott asked about the driveway and the measurements for the carport.

 

Sue questioned if there was an alternative to putting the addition to the north of the cottage and said she would ask the applicant at the public hearing.

 

The distance from the deck on the north side of the house to the high water mark was not on the site plan, but members believed it was approximately 30’.

 

Scott was concerned with access to a fire hydrant that is near the property.

 

Sue and Donna both explained that the fire trucks would likely not be able to get down the fire lane without sinking. There would be enough hose to run from the main drive to


 the hydrant in case of a fire.

Next the side setback on the carport was discussed. The site plan showed 8’5” to the west of the proposed carport. The setback for an accessory structure is 10’. Members agreed that a 2’ area variance would be needed for the carport to be built.

 

Donna questioned if the O’Brien’s were to enclose the carport, would a building permit be needed for that project. And members agreed that it would be needed.

 

Patrick O’Brien showed members the engineering plans for the addition.

 

There were questions about the chimney, but the setbacks were in compliance.

 

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:        Not sure. Members will ask at the public hearing.

 

Question 3: Whether the requested variance is substantial:

Answer:        No, only 2’ to the west for the carport.

 

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:        No.

 

The meeting was adjourned for the public hearing.

 

Chairman Ellen Tuohey called the Public Hearing to order at 7:32PM, 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

                                    Scott Goetze, ZBA Board Member

                                    Sue Forder, ZBA Board Member

                                    John Belson, Councilman

                                    Janice Korff, Deputy Clerk

    Patrick O’Brien, Applicant

    Jarrett O’Brien, Resident

    Daniel Cleary, Resident


 

 

 

The following notice was placed in the Medina Journal Register on Thursday, January 10, 2008:

 

LEGAL NOTICE

 

PLEASE TAKE NOTICE; there will be a Public Hearing held on January 17, 2008 at 7:30PM at the Town Hall, 8 South Main Street, Lyndonville, New York 14098. The purpose of the first public hearing is for Special Use Permit Application # 02-07, submitted by Patrick & Sarah O’Brien, 477 Howell Parkway, Medina, New York 14103 for an Area Variance for an addition and carport at 10875 Petrie Lane, Lyndonville, New York 14098. 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.

 

TESTIMONY:

 

Ellen opened the public hearing with review of application ~0 1-08 for Patrick and Sarah

O’Brien, 477 Howell Parkway, Medina New York 14103, owners of property at 10875

Petrie Lane, Lyndonville New York 14098.

 

Patrick O’Brien stood and introduced himself and explained the application. He is seeking an area variance for a 14’ addition to his cottage and a carport at his property on Petrie Lane. The project will also include a second story.

 

Steve talked about the carport being a structure and members agreed that he would also need a 2’ variance for the west side from the carport to the neighbor’s property line. Steve questioned if the O’Brien’s might enclose the carport, but they didn’t think so at this time. Steve and Scott explained that if the Zoning Board issued a side setback variance for the carport now, and the O’Brien’s decided to enclose the carport, they would have no problem being issued a building permit because the variance would already be issued. Patrick agreed with this suggestion.

 

Sue asked if they had considered putting the addition to the north side of the cottage.

 

Patrick explained that they did not want to encroach any closer to the lake. There is also the septic and leach line to the north, which does not give them enough footage to do the addition.

 

Sue asked about the height of the second story. Steve and John had measured the height on the building plans and it is 30’.


 

 

Sue also informed the applicant that she had talked to the fire chief talked with the fire chief and informed him of the project dimensions and asked if he thought there would be any problem if they needed to get emergency vehicles down the fire lane. He said no. Sue also explained she did not think they would be able to drive a truck down the lane without sinking. They also have approximately ¼ mile of hose that would go from the truck to the hydrant.

 

Donna also talked to Roger Wolfe, Yates Highway Superintendent, about the Highway Department getting a truck or plows down the lane in case of emergency. For the plows, they need 19’ of clearance with the wing on; and Roger told her they would take a pay loader instead of a plow because of the width of the fire lanes. Donna explained a situation they had when their cottage burnt.

 

Ellen asked if there were any other questions.

 

RESOLUTION:       #01-08

 

Offered:        Sue Forder

Seconded:            Steve Freeman

 

RESOLUTION TO ISSUE PATRICK & SARAH O’BRIEN, 10875 PETRIE LANE,

LYNDONVILLE, NEW YORK 14098, A 6’ REAR AREA VARIANCE TO THE

SOUTH SIDE OF THE RESIDENCE FOR AN ADDITION AND A 2’ AREA

VARIANCE TO THE WEST FOR THE SIDE SETBACK FOR A CARPORT.

 

RESOLVED, to issue Patrick & Sarah O’Brien, Petrie Lane, Lyndonville, New York

14098, a 6’ rear area variances to the south side of the residence for an addition and a

2’area variance to the west for the side setback for a carport.

 

Vote:   5 Ayes (Bane, Freeman, Forder, Goetze, Tuohey), 0 Nays, 0 Absent.

 

Ellen discussed the meeting the Zoning Board had with the Planning Board in December. Members who attended thought the meeting was very helpful and zoning issues were discussed.

 

John passed out copies of the adopted Town of Shelby Wind Energy Zoning Regulations and explained that the Town of Ridgeway is planning to adopt the regulations as written. The Yates Town Board has asked both Planning Board and the Zoning Board of Appeals members to read the regulation and offer any suggestions they feel necessary. John also mentioned that another meeting would be set up for the Planning and Zoning Boards to meet, possibly in March to share ideas and concerns.

 

As there was no further business to discuss, the meeting was closed at 7:52 pm. Prepared by: Janice Korff   Deputy Clerk