Zoning Board of Appeals

Regular Meeting and Public Hearing

August 12, 2014

Chairman Gary Daum called the Regular Meeting to order at 7:00 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.

Those Present: Gary Daum, ZBA Chairman

Mike Boring, ZBA Member

Paul Lauze, ZBA Member

Pat O’Brien, ZBA Member

Dawn Metty, Deputy Clerk

Dan Wolfe, Code Enforcement Officer

Steve Freeman, Town Board Member

MINUTES:

Chairman Gary Daum entertained a motion to accept the minutes from the April 8, 2014 meeting.

RESOLUTION NO. 6-8/14

RESOLUTION TO ACCEPT THE MINUTES FROM THE APRIL 8, 2014 MEETING AS PRESENTED TO EACH BOARD MEMBER.

RESOLVED, to accept the minutes from the April 8, 2014 meeting as presented to each Board Member.

Offered: Pat O’Brien

Seconded: Mike Boring

Votes: 4 Ayes (O’Brien, Lauze, Boring, Daum); 0 Nays

Chairman Gary Daum – This is application 04-14 for an Area Variance from Scott Peters. He is asking for a Section 103 Paragraph E of the Town of Yates Zoning that precludes the erection of more than one principal building on a single lot of record.

Dan Wolfe – Scott approached him 3 months ago regarding building another cottage. Dan spoke with the Town Attorney. The Town Attorney said to go with a variance for a Section 103 Paragraph E of the Town of Yates Zoning that precludes the erection of more than one principal building on a single lot of record. Dan also said to state conditions as well.

Steve Freeman mentioned he will have to find a way to make 2 conforming lots if he ever decides to sell.

Dan Wolfe suggested that if the variance is granted and nothing is done within a year, the variance will be void. He also needs to meet all regulations and Health Department approval.

Chairman Gary Daum asked if there were any other questions.

There were no other questions.

Area Variance Findings and Decision sheet was filled out.

Chairman Gary Daum entertained a motion to close regular meeting for the public hearing at 7:30 pm.

Offered: Paul Lauze

Seconded: Pat O’Brien

Votes: 4 Ayes (Lauze, O’Brien, Boring, Daum); 0 Nays

Chairman Gary Daum called the Public Hearing to order at 7:30 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, NY 14098

Those Present: Gary Daum, ZBA Chairman

Mike Boring, ZBA Member

Paul Lauze, ZBA Member

Pat O’Brien, ZBA Member

Dawn Metty, Deputy Clerk

Dan Wolfe, Code Enforcement Officer

Steve Freeman, Town Board Member

Scott & Torrey Peters, Applicants

The following notice was placed in the Batavia Daily News on August 4, 2014.

PLEASE TAKE NOTICE; there will be a Public Hearing held on August 12, 2014 at 7:30 pm at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098. The purpose of the public hearing is for an Area Variance, Application # 04-14, submitted by Scott Peters at 11635 Botsford Lane FL 10, Lyndonville, New York 14098 for Section 103 Paragraph E of the Town of Yates Zoning to permit the construction of a second principal building on a single lot of record. 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.

Chairman Gary Daum read the Legal Notice that was in the paper. He then went over the application submitted by Scott Peters. Chairman Gary Daum did remind Scott Peters that he needs to send the authorization to submit application on behalf of property owner to Dan Wolfe.

Chairman Gary Daum asked Scott Peters to verify where on the colored property map he wants to build.

Scott Peters pointed to the blank white square. (See attached) He also mentioned that building another cottage was the best solution as to what they would like for the family.

Chairman Gary Daum asked if there were any more questions.

Paul Lauze – How big is the lot where the barn is?

Scott Peters – The barn and cottage is all one lot.

Chairman Gary Daum mentioned that the Health Department, National Grid, and Yates Water Department will need to be contacted as to what he wants to do.

Steve Freeman – Are you going to meet all property setbacks?

Scott Peters - Yes

There were no more questions

Chairman Gary Daum made a motion to close Public Hearing.

Offered by: Paul Lauze

Seconded by: Mike Boring

Votes: 4 Ayes (Daum, Boring, Lauze, O’Brien); 0 Nays

Reconvene to the regular meeting

Chairman Gary Daum went over and filled out the Final Decision Form.

Chairman Gary Daum made a motion to vote to approve Scott Peters Area Variance application # 04-14 with the conditions 1. To grant the variance for 1 year only. 2. Should lot be separated, it must be a conforming lot.

RESOLUTION # 7-8/14

RESOLUTION TO APPROVE SCOTT PETERS AREA VARIANCE APPLICATION #04-14 WITH THE CONDITIONS 1. TO GRANT THE VARIANCE FOR 1 YEAR ONLY. 2. SHOULD LOT BE SEPARATED, IT MUST BE A CONFORMING LOT.

RESOLVED, to approve Scott Peters area variance application #04-14 with the conditions 1. To grant the variance for 1 year only. 2. Should lot be separated, it must be a conforming lot.

Votes: 4 Ayes (Daum, Boring, Lauze, O’Brien); 0 Nays

NO FURTHER BUSINESS WAS DISCUSSED

Motion to adjourn meeting.

Offered by: Paul Lauze

Seconded by: Mike Boring

Votes: 4 Ayes (Daum, Boring, Lauze, O’Brien); 0 Nays