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