Zoning Board of Appeals
Regular Meeting and Public
Hearing
April 9, 2013
Chairperson Sue Bane called the Regular Meeting to order at 7:00PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.
Those
Present: Sue Bane, ZBA Chairperson
Paul Lauze,
ZBA Member
Gary Daum, ZBA Member
Pat O’Brien, ZBA Member
Dawn Metty,
Deputy Clerk
Those
Absent: Donna Bane, ZBA Member
MINUTES:
Chairperson
Sue Bane called a motion on advisement of our attorney we go into an executive
session.
Seconded
by Pat O’Brien
Votes: 4 Ayes (Bane, Lauze, Daum, O’Brien), 0 Nays
Paul
Lauze made a motion to close the executive session.
Seconded
by Pat O’Brien
Votes: 4 Ayes (Bane, Lauze, Daum, O’Brien), O Nays
The
Zoning Board briefly discussed Marlin Yoder’s application for an area variance. Discussion on the set back from the road
being 82’ measured by Dan Wolfe from the edge of the road. An 18’ variance is needed in addition to the
1.1 acre variance needed for the number of dogs Mr. Yoder wants to have.
Pat
O’Brien asked if Mr. Yoder was going to use the kennel as a commercial based
business. No he is not.
Any
security fence that is added outside will need to make sure it does not go to
the south as that would be in the front yard, which is against zoning
regulations.
The
Area Variance Findings & Decision form was filled out.
Next
the Zoning Board went over Paul Doolan’s application for an area variance. Mr. Doolan is asking for the variance because
there is a utility pole in the way which is stopping him from moving the
proposed building farther away from the road.
Chairperson
Sue Bane read a letter in favor of Mr. Doolan’s application from John
Cummings. (See Attached)
The
Area Variance Findings & Decision form was filled out.
Chairperson
Sue Bane closed the regular meeting for the public hearing at 7:30 pm.
Chairperson
Sue Bane called the Public Hearing to order at 7:30 pm, at the Yates Town Hall,
8 South Main Street, Lyndonville, NY 14098
Those
Present: Sue Bane, ZBA Chairperson
Paul Lauze, ZBA
Member
Gary Daum, ZBA Member
Pat O’Brien, ZBA Member
Dawn Metty, Deputy
Clerk
Marlin Yoder, Applicant
Paul Doolan, Applicant
Those
Absent: Donna Bane, ZBA Member
The
following notice was placed in the Medina Journal Register on April 3, 2013.
PLEASE
TAKE NOTICE; there will be 2 Public Hearings held on April 9, 2013 starting 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 # 02-13, submitted by Paul Doolan at 12275 Platten Rd.,
Lyndonville, New York 14098 for a 17’ front setback variance. At 7:45 pm will be the Second Application #
03-13, submitted by Marlin Yoder at 2176 Angling Rd., Lyndonville, NY 14098 for
an 18’ front setback variance and a 1.1 acre lot size 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 # 02-13 for Paul Doolan requesting a 17’ front setback variance
for a pole barn.
A
couple of questions asked were: Is there
any other place to put the pole barn?
Mr. Doolan - No there isn’t. There is a pole in the way to move barn back,
financially it would cost too much to have the pole moved. There is a leach field to the west and the
barn can’t be put there.
Is
it going to be used for storage?
Mr. Doolan – Yes and explained that he would like
the pole barn to be even with the front of the house as he eventually will turn
the existing attached garage into a bedroom and would like to attach the new
pole barn to that.
Chairperson
Sue Bane asked the Zoning members if they had any other questions.
There
were no more questions.
RESOLUTION
# 02-2013
RESOLUTION
TO ACCEPT THE 17’ FRONT SETBACK VARIANCE FROM PAUL DOOLAN AT 12275 PLATTEN RD,
LYNDONVILLE, NY 14098
RESOLVED,
to accept the 17’ front setback variance from Paul Doolan at 12275 Platten Rd.
Lyndonville, NY 14098
Votes: 4 Ayes
(Bane, Lauze, Daum, O’Brien), 0 Nays (1 absent Donna Bane)
At 7:45 pm Chairperson Sue Bane called the second
public hearing to order.
This is Application # 03-13 for Marlin Yoder for an
18’ front setback variance and a 1.1 acre lot size variance for a dog kennel.
The board asked what Mr. Yoder’s intensions were for
a security fence.
Mr. Yoder – The dogs will
be in a separate room designed for the dogs.
He explained that the building is secure and there is no need for an
outside fence.
Mr. Yoder also informed the board that he did get
6.5 acres added to his property from his dad and that it is in the process at
Attorney Kathy Bogans office. The deed
is not currently recorded with the county as of the hearing date.
Chairperson Sue Bane asked if there were any more
questions.
For the record Mr. Yoder is going to have 15 females
and 3 males. There will be different breeds.
About 4 pups per female and possibly when breeding all be pregnant at
the same time.
Mr. Yoders intension is to sell to pet stores not to
individuals. He could sell 24 pups to
the general public if he wants to but he doesn’t.
What about the noise and odor.
Mr. Yoder – Noise will not
be a factor, the building is insulated.
Is there a way to put the building anywhere else?
Mr. Yoder - If it’s
something he wants to pursue in the future then yes he could probably do that,
but for now, no.
As far as disposal, what are you going to do with
the waste?
Mr. Yoder - The pens are
up with saw dust underneath and will be cleaned every day. He will spread the waste on the fields for
fertilizer.
Chairperson Sue Bane asked if there were any other
questions.
There were no other
questions.
RESOLUTION # 03-2013
RESOLUTION TO ACCEPT THE 18’ FRONT SETBACK VARIANCE
AND A 1.1 ACRE LOT SIZE VARIANCE FROM MARLIN YODER AT 2176 ANGLING RD.,
LYNDONVILLE, NY 14098 WITH THE STIPULATION THAT IF A SECURITY FENCE IS PUT UP,
IT MEETS ZONING REGULATIONS AND IS NOT TO BE PUT IN THE FRONT YARD.
RESOLVED, to accept the 18’ front setback variance
and a 1.1 acre lot size variance from Marlin Yoder at 2176 Angling Rd.,
Lyndonville, NY 14098 with the stipulation that if a security fence is put up,
it meets Zoning regulations and is not to put in the front yard.
Votes: 4 Ayes
(Bane, Lauze, Daum, O’Brien), 0 Nays (1
absent Donna Bane)
NO FURTHER BUSINESS WAS DISCUSSED
Pat O’Brien made a motion to close the public
hearing.
Seconded by: Paul
Lauze
Votes: 4 Ayes
(Bane, Lauze, Daum, O’Brien), 0 Nays (1 absent Donna Bane)