Zoning Board of Appeals

Regular Meeting and Public Hearing

October 8, 2013

Chairman Gary Daum called the Regular Meeting to order at 6:55PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.

Those Present: Gary Daum, ZBA Chairman

Mike Boring, ZBA Member

Pat O’Brien, ZBA Member

Donna Bane, ZBA Member

Paul Lauze, 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 August 20, 2013 and August 27, 2013 meetings.

RESOLUTION NO. 14-10/13

RESOLUTION TO ACCEPT THE MINUTES FROM THE AUGUST 20, 2013 AND AUGUST 27, 2013 MEETINGS AS PRESENTED TO EACH BOARD MEMBER.

RESOLVED, to accept the minutes from the August 20, 2013 and August 27, 2013 meetings as presented to each Board Member.

Offered: Pat O’Brien

Seconded: Donna Bane

Votes: 5 Ayes (O’Brien, Bane, Lauze, Boring, Daum); 0 Nays

Code Enforcement Officer Dan Wolfe discussed with the Zoning Board some possible upcoming variances. The first one is from Shelley and Paul Salmons on11367 Wescott Lane FL S2 for a porch. It measures 18.6 ft from the fire lane. The minimum setback requirement is 20 ft. It’s only a foot and a half. Will the board allow them to build?

Yes they will.

The second one is from Agnes Recco. She wants to build a home where the old Shadigee snack place was. The lot is 150 ft. wide and 92 ft. deep. She will need to get a variance.

The third one is from Norm Hershberger. He purchased an 899 ft. lot he would like to apply for a special use permit to sell sheds. There is not enough frontage to display them so he will need a variance.

The Zoning Board received a request for an area variance from Jason Barnum at 11316 W. Yates Center Rd. Mr. Barnum is asking for a 22’ side setback variance and a 35’ front setback variance to build a garage.

Chairman Gary Daum asked Code Enforcement Officer Dan Wolfe if Mr. Barnum could move back.

Dan Wolfe – You will have to ask him that. He does want to build on existing concrete pad.

Pat O’Brien spoke with the neighbor and they have no problem with Mr. Barnum building.

The Area Variance Findings and Decision form was filled out.

Next the Zoning Board discussed another variance that came in from Christine Brown and Ronald Quintern asking for a 20’ side setback variance to build a garage with a lean-to.

Dan Wolfe explained to the Zoning Board that the reason they are asking for the variance is because the original spot they wanted to build was going to need a lot of fill. It will cost too much to fill.

Paul Lauze – the property is way back, it won’t be seen from the road.

The Area Variance Findings and Decision form was filled out.

Chairman Gary Daum let the Zoning Board know that Harold Suhr resubmitted his area variance application. He is now asking for a 48’ front setback variance.

Steve Freeman briefly mentioned that the State now has prohibited any building within 25 ft from the lake.

The Area Variance Findings and Decision form was filled out.

The regular meeting adjourned for the public hearing at 7:40 pm.

Chairman Gary Daum called the Public Hearing to order at 7:40 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, NY 14098

Those Present: Gary Daum, ZBA Chairman

Mike Boring, ZBA Member

Pat O’Brien, ZBA Member

Donna Bane, ZBA Member

Paul Lauze, ZBA Member

Dawn Metty, Deputy Clerk

Dan Wolfe, Code Enforcement Officer

Steve Freeman, Town Board Member

Harold & Joanne Suhr, Applicants

Jason Barnum, Applicant

Ronald Quintern & Christine Brown, Applicants

The following notice was placed in the Medina Journal Register on September 30, 2013.

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on October 8, 2013 at 7:30 pm at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098. The purpose of these public hearings is for Area Variances. The First is Application # 11-13, submitted by Jason Barnum at 11316 W. Yates Center Rd., Lyndonville, New York 14098 for a 22’ side setback variance and a 35’ front setback variance. The Second Application # 12-13, submitted by Christine Brown and Ronald Quintern at 12196 Alps Rd., Lyndonville, New York 14098 for a 20’ side setback variance. 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.

This is Application #11-13 Submitted by Jason Barnum at 11316 W. Yates Center Rd., Lyndonville, NY 14098. For a 22’ side setback variance and a 35’ front setback variance. He wants to build a 24 x 24 garage.

Mr. Barnum explained that he and his wife looked at the layout of their property. They both decided they wanted to build there. Because there is already a cement pad there where an old 8 x 8 shed used to be. He also explained that they could go back further but it would then block the windows to the house. The septic is on the other side.

Paul Lauze asked if the neighbors are okay with him building.

Jason Barnum – The neighbors are fine with it.

Chairman Gary Daum asked if there were any other questions.

There were no other questions.

Next is Application #12-13 submitted by Christine Brown and Ronald Quintern at 12196 Alps Rd., Lyndonville, NY 14098, for a 20’ side setback variance. To build a 24 x 40 garage with 10’ lean-to.

It’s pretty straight forward; there were no questions or concerns.

The Zoning Board discussed Harold Suhr’s revised area variance application with a new site plan. He is now asking for a 48’front setback variance.

Chairman Gary Daum asked Mr. Suhr if he had anything he would like to say.

Harold Suhr – No

Paul Lauze – Where the existing cottage is, it’s 17 ft., is that correct?

Harold Suhr – Yes, we are going to leave it and use it for guests.

There were no more questions.

Closed Public Hearing

Offered by: Donna Bane

Seconded by: Pat O’Brien

Votes: 5 Ayes (Bane, Daum, O’Brien, Boring, Lauze); 0 Nays

Reconvene to the regular meeting

Zoning Board member Pat O’Brien made a motion to accept Jason Barnum’s application as presented for the variance.

RESOLUTION # 15-10/13

RESOLUTION TO ACCEPT JASON BARNUM’S APPLICATION AS PRESENTED FOR THE VARIANCE.

RESOLVED, to accept Jason Barnum’s application as presented for the variance.

Seconded by: Donna Bane

Votes: 5 Ayes (O’Brien, Bane, Boring, Lauze, Daum); 0 Nays

Zoning Board member Donna Bane made a motion to accept Christine Brown and Ronald Quintern’s application as presented for the variance.

RESOLUTION # 16-10/13

RESOLUTION TO ACCEPT CHRISTINE BROWN AND RONALD QUINTERN’S APPLICATION AS PRESENTED FOR THE VARIANCE.

RESOLVED, to accept Christine Brown and Ronald Quintern’s application as presented for the variance.

Seconded by: Mike Boring

Votes: 5 Ayes (Bane, Boring, O’Brien, Daum, Lauze); 0 Nays

Zoning Board member Pat O’Brien made a motion to accept Harold Suhr’s application as presented for the variance.

RESOLUTION # 17-10/13

RESOLUTION TO ACCEPT HAROLD SUHR’S APPLICATION AS PRESENTED FOR THE VARIANCE.

RESOLVED, to accept Harold Suhr’s application as presented for the variance.

Seconded by: Donna Bane

Votes: 5 Ayes (O’Brien, Bane, Daum, Lauze, Boring); 0 Nays

Chairman Gary Daum thanked everyone for coming.

NO FURTHER BUSINESS WAS DISCUSSED

Meeting adjourned at 8:00 pm

Offered by: Donna Bane

Seconded by: Pat O’Brien

Votes: 5 Ayes (Bane, Daum, O’Brien, Boring, Lauze); 0 Nays