Zoning Board of Appeals
Regular Meeting
August 20, 2013
Chairman Gary Daum called the Regular Meeting to order at 7:00PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.
Those
Present: Gary Daum, ZBA Chairman
Paul Lauze,
ZBA Member
Mike Boring, ZBA Member
Pat O’Brien, ZBA Member
Donna Bane, 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 July 23, 2013 meeting.
RESOLUTION NO. 10-8/13
RESOLUTION
TO ACCEPT THE MEETING MINUTES FROM THE JULY 23, 2013 MEETING AS PRESENTED TO
EACH BOARD MEMBER.
RESOLVED,
to accept the meeting minutes from July 23, 2013 as presented to each Board
Member.
Offered: Donna Bane
Seconded: Paul Lauze
Votes: 5 Ayes (Bane, Lauze, Daum, Boring, O’Brien);
0 Nays
Chairman
Gary Daum entertained a motion to bring Kathleen Moyse’s application for an
area variance off table.
RESOLUTION NO. 11-8/13
RESOLUTION TO BRING KATHLEEN MOYSE’S APPLICATION FOR AN AREA VARIANCE
OFF TABLE.
RESOLVED, to bring Kathleen Moyse’s application for an area variance
off table.
Offered: Paul Lauze
Seconded: Donna Bane
Votes: 5 Ayes (Lauze, Bane, O’Brien, Boring, Daum);
0 Nays
Dan
Wolfe the Code Enforcement Officer let the Zoning Board know that he had a few
calls regarding the Moyse property and that he also spoke with the Town
Attorney. The Town Attorney is not for
it and that the lot sizes are not adequate. In the Zoning Regulations book, Section 640
Paragraph G, it’s stated very clearly that once changed to a conforming use, no
structure or land so changed shall be permitted to revert to a non-conforming
use.
Donna
Bane mentioned that there are two lots side by side that conform.
Mike
Boring mentioned also that he believes the property is sold. The 2 lots that conform
then the rest of the property.
Chairman
Gary Daum asked each of the Board members if they are in agreement or not with
the lot separation.
Each
of the Board members was not in agreement.
Chairman
Gary Daum entertained a motion that the variance for lot separation be denied.
RESOLUTION NO. 12-8/13
RESOLUTION TO DENY THE VARIANCE FOR LOT SEPARATION.
RESOLVED, to deny the variance for lot separation.
Offered: Donna Bane
Seconded: Pat O’Brien
Votes: 5 Ayes (Bane, O’Brien, Lauze, Daum, Boring);
0 Nays
The Area Variance Findings & Decision form,
the Final Decision form and Record of vote was filled out.
Next the Zoning Board went over an area variance
application submitted by Harold Suhr. He
is asking for a 58’ front setback variance for a cottage and a 20’ front
setback variance for a deck. He wants to
replace existing cottage with new on same footprint. It will be bigger but no closer to lake.
Dan Wolfe the Code Enforcement Officer let the
Zoning Board know that it has to meet building and
energy codes.
Donna Bane asked- Is there a break wall there now?
Dan Wolfe – Yes.
Paul Lauze asked – Where is the septic going to be?
Dan Wolfe – Mr. Suhr will have to have Health
Department approval.
There is a concern of the land being owned by
someone else and the building by another.
(The person owns the building but leases the land.)
Dan Wolfe is going to check with the Town Attorney as
far as the land being owned by someone else and the building being owned by
another. Person owns the building and
leases the land it sits on. Will or
could there be a conflict by building a new building?
NO FURTHER BUSINESS WAS DISCUSSED
Meeting adjourned at 7:40 pm
Offered by: Pat
O’Brien
Seconded by:
Mike Boring
Votes: 5 Ayes
(O’Brien, Boring, Bane, Lauze, Daum); 0 Nays