Zoning Board of Appeals

Regular Meeting and Public Hearing

May 21, 2013

 

Chairperson Sue Bane called the Regular Meeting to order at 7:01PM, 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

Donna Bane, ZBA Member

                                    Dawn Metty, Deputy Clerk

                                    Steve Freeman, Town Board Member

                                    Dan Wolfe, Code Enforcement Officer

                                                                                               

MINUTES:

 

The first is Application #07-13 submitted by Jon Neal on behalf of Dorothy Fitzgerald on 10483 Willow Lane FL 59 for a porch.  Jon Neal is asking for a 15’ private lane setback variance on behalf of Dorothy Fitzgerald.

 

Chairperson Sue Bane asked if any of the board members went to see the property. 

            Paul Lauze went down to see the property. 

 

Dan Wolfe addressed the board to “clear the air” regarding construction of the porch that has already started.  He spoke with Rick Mufford from Country Contracting a week or so ago for a building permit to build the porch.  Dan Wolfe gave the ok to build.  Country Contracting started before getting the building permit.  Dan Wolfe then realized they needed a variance.  Country Contracting was notified of this and continued to build.

 

The variance should have been passed before the building permit.

 

Sue mentioned that the porch is not any closer at either ends and there is plenty of room to the sides.

 

Pat O’Brien made a motion for Gary Daum to go to the Town Board and ask them to send a courtesy letter to local contractors to remind them to make sure they have building permits before starting construction.

 

Seconded by:  Donna Bane

 

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

 

The Area Variance Findings & Decision form was filled out.

 

Next is Application #08-13 for a 50’ north side property line setback variance at 1724 Murdock Rd. submitted by Joseph & Gail Reynolds.

 

Chairperson Sue Bane, Donna Bane, and Paul Lauze went down to see the property. 

 

There is 140 ft. on the one side.  While looking at the property, Chairperson asked Mrs. Reynolds if they could move the pond over.

 

Mrs. Reynolds said no because it’s very low in the one area.  They did decide to make the pond only 100 ft. instead of 125 ft.

 

Chairperson Sue Bane suggested moving the pond 10 ft. closer to the other side.  They do have a lot of land.

 

The dirt from the pond will be used for the pole barn.

 

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

                          Donna Bane, ZBA Member 

                          Dawn Metty, Deputy Clerk

                          Steve Freeman, Town Board Member

                          Dan Wolfe, Code Enforcement Officer

                          Joseph & Gail Reynolds, Applicants

                          Dorothy Fitzgerald, Applicant

                          Rick Mufford, Country Contracting

                          Jon Neal, Country Contraction

                          Kim Keil, Lake Resident

                          Jane Chmielewski, Lake Resident

                          Chris Craft, Observer

                          Richard Craft, Observer

 

The following notice was placed in the Medina Journal Register on May 17, 2013.

 

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on May 21, 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 # 07-13, submitted by Jon Neal on behalf of Dorothy Fitzgerald at 10483 Willow Lane FL 59, Lyndonville, New York 14098 for a 15’ private lane setback variance.  The Second Application # 08-13, submitted by Joseph & Gail Reynolds at 1724 Murdock Rd., Lyndonville, New York 14098 for a 50’ north side property line 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.

 

The first Application #07-13 Submitted by Jon Neal on behalf of property owner Dorothy Fitzgerald at 10483 Willow Lane FL 59, Lyndonville, NY 14098.

 

Chairperson Sue Bane asked Jon Neal what he was building.

 

Jon Neal – It’s an 8 x 28 screened in porch on the east side of cottage.

 

Chairperson Sue Bane let the board know that construction had already started as of May 13th and that there was no building permit issued.  There was a stop work order yesterday (May 20th).

 

Chairperson Sue Bane asked that from now on Jon Neal gets building permits before starting a job and to wait if a variance is needed.

 

Kim Keil a neighbor on the east side of Dorothy Fitzgerald said that the porch is a great improvement and has no issue with it.

 

Jane Chmielewski a neighbor on the west side of Dorothy Fitzgerald also said that she has no issue.

 

Chairperson Sue Bane asked the board if they had any questions.

            There were no questions or concerns with this application.

 

RESOLUTION # 07-2013

 

RESOLUTION TO ACCEPT THE 15’ PRIVATE LANE SETBACK VARIANCE FROM JON NEAL ON BEHALF OF DOROTHY FITZGERALD AT 10483 WILLOW LANE FL 59, LYNDONVILLE, NY 14098

 

RESOLVED, to accept the 15’ private lane setback variance from Jon Neal on behalf of Dorothy Fitzgerald at 10483 Willow Lane FL 59, Lyndonville, NY 14098

 

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

 

The second Application #08-13 is for a 50’ north side property line setback variance submitted by Joseph & Gail Reynolds at 1724 Murdock Rd., Lyndonville, NY 14098

 

Mr. Reynolds – Just recently purchased the house and there is a spot where it is very wet.  The property is long and narrow.  The pond is now going to be 50 x 100.

 

Chairperson Sue Bane mentioned that on the application it is 125’.  By reducing to 100’ are you willing to move it over?  As long as it’s within the Zoning you wouldn’t need a variance.  That’s something you could talk to Dan Wolfe about.

 

Mr. Reynolds – Maybe I could forget about putting the pond behind the house and move it to the woods instead.

 

Gary Daum asked where their septic was located.

 

Mr. Reynolds- North-West of the house, it’s a raised septic.  The pond would be close to the septic.

 

The board let Mr. Reynolds know that according to the health department ponds should be 100 ft away from the septic.  Need to stay away from the septic.

 

Chairperson Sue Bane gave Mr. Reynolds a couple of options.

            1.  Could approve the variance with a stipulation.

2.  Could deny as is and he could come back with another plan.  The board would waive the fee.

 

Mr. Reynolds would like the variance on the north side.

 

Chairperson Sue Bane made a motion to give a 50’ side setback variance on the north side with the leniency to move the pond east or west or south and is within our zoning & health codes for the septic.

 

Seconded by Pat O’Brien

 

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

 

Chairperson Sue Bane asked the board if they had any questions.

            There were no other questions.

 

RESOLUTION# 07-2013

 

RESOLUTION TO ACCEPT THE 50’ SIDE SETBACK VARIANCE ON THE NORTH SIDE WITH THE LEANIENCY TO MOVE THE POND EAST OR WEST OR SOUTH AND ARE WITHIN OUR ZONING AND HEALTH CODES FOR THE SEPTIC.

 

RESOLVED, to accept the 50’ side setback variance on the north side with the leniency to move the pond east or west or south and are within our zoning and health codes for the septic.

 

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

 

Dan Wolfe gave a copy of the Zoning Regulations to Mr. & Mrs. Reynolds.

 

NO FURTHER BUSINESS WAS DISCUSSED

 

Public Hearing adjourned at 8:00 pm

 

Offered by:  Gary Daum

Seconded by:  Pat O’Brien

 

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