Zoning Board of Appeals

Regular Meeting and Public Hearing

May 7, 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

Donna Bane, ZBA Member

Pat O’Brien, ZBA Member

Dawn Metty, Deputy Clerk

Steve Freeman, Town Board Member

Those Absent: Gary Daum, ZBA Member

MINUTES:

Paul Lauze went to see Mr. Stinson and to look at the location in which he wants to put the pond. The neighbors have no problem with Mr. Stinson having a pond. Mr. Stinson would like to put fish in the pond as well. There are woods on both sides.

Mr. Stinson needs two 70’ side setback variances and a 95’ rear property line setback variance.

The board looked over the site plan that Mr. Stinson submitted with his area variance application. The size of the pond he wants to put in is a half acre. It will be 100 feet from his septic and 100 feet from his neighbors septic.

Chairperson Sue Bane mentioned if he is 100 ft. from the septic, how close can he get to the septic with the pond. It would help shorten the variance he needs. Also if the pond does get approved who will see that it is 30’ from each side?

There are some concerns. It’s a big pond, can he make it smaller. Only 5 ft. from property line and if it overflows, where is it going to go.

There are alternatives.

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

Donna Bane, ZBA Member

Pat O’Brien, ZBA Member

Dawn Metty, Deputy Clerk

Steve Freeman, Town Board Member

Cal Stinson, Applicant

Those Absent: Gary Daum, ZBA Member

The following notice was placed in the Medina Journal Register on April 29, 2013.

PLEASE TAKE NOTICE; there will be a Public Hearing held on May 7, 2013 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 # 04-13, submitted by Cal Stinson at 10816 Millers Rd., Lyndonville, New York 14098 for a 70’ east side setback variance, 70’ west side setback variance and a rear property line 95’ setback variance. 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.

This is Application # 04-13 for Cal Stinson on Millers Rd. to put in a pond. He is requesting a 70’ east & west side setback variance and a 95’ rear property line setback variance.

Mr. Stinson told the Board that the land is wet 90% of the time and it’s a low area. Wants to clean it up and the pond would be used for recreation.

Pat O’Brien asked: Why such a large pond? Can you make it smaller?

Mr. Stinson: Could make it smaller. I’ve had larger ponds in the past. The pond will roughly be 100’ x 200’.

Paul Lauze asked: Are you putting a liner in the pond?

Mr. Stinson: No

Chairperson Sue Bane asked: What about adequate drainage?

Mr. Stinson: It just sits there now. According to the health department the pond has to be 100 ft. away from the septic.

Chairperson Sue Bane asked: Are you going to sell the dirt?

Mr. Stinson: No, going to use the dirt to fill in around the pond. Build it up.

Pat O’Brien asked: Are you going to fence in the pond?

Mr. Stinson: No. It’s all fields out there.

Paul Lauze mentioned he thinks the pond will improve the area.

Chairperson Sue Bane asked: Are you going to put fish in the pond?

Mr. Stinson: Was thinking about it. Would like to put largemouth bass and

bluegill.

Chairperson Sue Bane let the board know that three of Mr. Stinson’s neighbors gave letters approving Mr. Stinson putting a pond in.

Chairperson Sue Bane asked the Zoning members if they had any other questions.

There were no more questions.

RESOLUTION # 04-2013

RESOLUTION TO ACCEPT THE 70’ EAST SIDE SETBACK VARIANCE, 70’ WEST SIDE SETBACK VARIANCE AND A REAR PROPERTY LINE 95’ SETBACK VARIANCE FROM CAL STINSON AT 10816 MILLERS RD, LYNDONVILLE, NY 14098

RESOLVED, to accept the 70’ east side setback variance, 70’ west side setback variance and a rear property line 95’ setback variance from Cal Stinson at 10816 Millers Rd. Lyndonville, NY 14098

Votes: 4 Ayes (Bane, Lauze, Bane, O’Brien), 0 Nays (1 absent Gary Daum)

Chairperson Sue Bane told Mr. Stinson that he needs to make sure that he is no closer than the allowed footage (30’ on the East, 30’ on the West and 5’ in the rear) when he puts the pond in. It’s important that he puts the pond where the footage has been approved.

NO FURTHER BUSINESS WAS DISCUSSED

Public Hearing adjourned at 8:10 pm

Offered by: Pat O’Brien

Seconded by: Paul Lauze

Votes: 4 Ayes (Bane, Lauze, Bane, O’Brien), 0 Nays (1 absent Gary Daum)