Zoning Board of Appeals
Regular Meeting and Public Hearing
Chairman
Ellen Tuohey called the Regular Meeting to order at
Those Present: Ellen Tuohey, ZBA Chairman
Steve Freeman, ZBA Member
Sue Forder, ZBA Member
Scott Goetze, ZBA Member
John Belson, Councilman
Janice Korff, Deputy Clerk
THOSE EXCUSED: Donna Bane, ZBA Member
MINUTES:
Chairman
Ellen Tuohey opened the meeting with review of Area Variance Application
#02-08, submitted by Joshua Hill for his property at
Scott Goetze and others mentioned that they were unable to get down to the sites, but did talk to the applicants.
Members did not see any problems with Hill’s application. Dan Wolfe had already approved the porch and back deck projects.
Members reviewed the Finding & Decision form.
Question 1: Whether undesirable change would be produced in character of neighborhood or detriment to nearby properties.
Answer: No
Question 2: Whether benefit sought by applicant can be achieved by a feasible alternative to the variance:
Answer: No. Septic to the north.
Question 3: Whether the requested variance is substantial:
Answer: Yes. 16’ variance
Question 4: Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood:
Answer: No.
Questions
5: Whether the alleged difficulty was
self-created.
Answer: No.
Next,
application #01 -08 was reviewed as submitted by Edwin Washak for his property
at
The
Washak’s would like to split/combine 3 parcels into 2 parcels, creating 2
nonconforming lots.
Sue
discussed the 3 deeds and options for them to sell the lakefront property
separately as it exists.
Dan
discussed the situation as both the seller and potential buyers explained it to
him. The properties are being split because of the location of the septic and
leach field on the main property.
Steve
Freeman’s concern was the 35’ of lakefront left with the main parcel.
Members agreed with 35’ of lakefront, there was enough footage that they
could potentially place or build something small on the land.
The
dimensions of all parcels were discussed.
The board
agreed to present the applicants with an option that
Next
members reviewed the findings and decision form.
Question
1: Whether undesirable change would be produced in character of
neighborhood or detriment to nearby properties.
Answer: No
Question
2: Whether benefit sought by applicant can be achieved by a feasible
alternative to the variance:
Answer:
Yes. Suggest
Question
3: Whether the requested variance is substantial:
Answer: Yes for
Question
4: Would the variance have an adverse impact on the physical or
environmental conditions in the
neighborhood:
Answer: No.
Question
5: Whether the alleged difficulty was self-created.
Answer: Yes. Current owner is trying to sell the
property to two separate owners.
RESOLUTION:
Offered: Sue Forder
Seconded: Scott Goetze
RESOLUTION
TO ACCEPT THE Meeting MINUTES FROM
RESOLVED,
to accept the meeting minutes from
Vote: 4 Ayes (Forder, Freeman, Goetze, Tuohey), 0
Nays, I Absent (Bane)
At this
time, the meeting was adjourned to the public hearing.
Chairman Ellen
Tuohey called the Public Hearing to order at
Those
Present: Ellen Tuohey, ZBA Chairman
Steve
Freeman, ZBA Member
Scott
Goetze, ZBA Member
Sue
Forder, ZBA Member
John
Belson, Councilman
Janice
Korff, Deputy Clerk
Cindy
Robinson, Realtor
Margaret
Washak, Property Owner
Edwin
Washak, Applicant
Bill
Crafts, Property Owner
Chris
Crafts, Property Owner
Peggy
Hill, Applicant’s Parent
Eric
Hill, Applicant’s Parent
Larry
Wolfe, Resident
Georgette
Stockman, Property Owner
Nick
Craft, Property Owner
Amanda
Vienna-Craft, Property Owner
Those
Excused: Donna Bane, ZBA Member
Chairman
Ellen Tuohey opened the meeting with the pledge of allegiance.
The
following legal notice was placed in the Medina Journal Register on
LEGAL
NOTICE:
PLEASE
TAKE NOTICE; there will be 2 Public Hearings held on
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.
Ellen
called for area variance application #01-08 submitted by Edwin Washak,
Ellen
offered the Board’s suggestion to the concerned parties. She proposed that
Cindy
Robinson, Realtor, stated her name and presented an unofficial survey done by
Dorsenl Wilson and explained the lots proposed layout.
Steve
Freeman explained that they are proposing to create 2 new lots and both need a
variance. At
Sue
explained that if they extended the lot 10’, they would not need the lakefront
variance. This would then comply with current zoning. The total square footage
variance would have been 17,850 SF and would then be reduced to 16,500 SF.
Steve
explained that they would need a variance even if they kept the entire
lakefront property of 260’ deep because they would not have the required 30,000
SF.
Georgette
Stockman introduced herself. Her concern was if they reduce the main houses’
lake frontage from 35’ to 25’,
would this devalue the property? Neighboring properties have only 80’ —~90’
of lake frontage and do not conform. They felt leaving the property at 35’ would
have symmetry with the other properties in the area.
Steve
further explained that the Board was extending itself as it was because the
size of the lot so small.
Sue asked
Mr. Washak to approach the board to explain the proposed layout. She wanted to further
see were septic and leach field were located on the main property. She did not
understand why it was split the way it was and not sold as the original deeds
stated. Why not sell the one existing parcel as is at the lakefront. Mr. Washak
explained the location of the septic and
leach field would not allow them to do
this.
Scott said
he felt the Board should stick to their original proposal.
Sue asked
if anyone had further testimony to add.
Steve said
if they did not want to continue with the sale, they could challenge the
Board’s decision.
Sue
explained the Board’s proposal again and reiterated the lot dimensions.
Georgette
Stockman then asked if they wanted to challenge the decision, what would they
need to do.
Ellen
explained that they would go through the court and file a 720 challenge to the
Zoning Board of Appeal’s decision.
Bill
Crafts introduced himself as the buyer of
RESOLUTION
NO:
Offered: Sue Forder
Seconded: Scott Goetze
RESOLUTION
TO ISSUE EDWIN WASHAK,
VARIANCE
OF 8’ FOR THE
RESOLVED, to
issue Edwin Washak, 161 North Grave Road, Medina, New York, an area variance
for his property at 10741 / 10742 Lake Shore Road, Lyndonville, New York, for
Parcel Lot 1, lake front cottage parcel
to be created at 100’ x 135’ and a total square footage variance of 16,500’.
Parcel
Vote: 4 Ayes (Forder, Freeman, Goetze, Tuohey), 0
Nays, 1 Absent (Bane)
Ellen
called application #02-08 as submitted by Joshua Hill,
Mrs. Hill
introduced herself and stated that Joshua wants build a garage on the south
side of the house where the driveway currently sits. He cannot build the garage
on other side because of septic system. The property is surrounded by farmland.
Steve
asked if they had considered the snowplow throwing snow up on the porch. He was
concerned if Joshua was putting windows on the porch being close to the road,
that snow may be thrown tip that far.
Peggy said
they had not considered this but it would be an open porch with no windows.
Ellen
explained that the variance was for the garage only. Dan Wolfe had already
approved the porch and rear deck projects.
RESOLUTION
NO:
Offered: Sue Forder
Seconded: Scott Goetze
RESOLUTION
TO ISSUE JOSHUA HILL,
GARAGE
SITE TO THE NEIGHBORING PROPERTY LINE TO THE SOUTH.
RESOLVED,
to issue Joshua Hill,
a 16’ area
variance for the his property at
14098,
from the proposed garage site to the neighboring property line to the south.
Vote: 4 Ayes (Forder,
Freeman, Goetze, Tuohey), 0 Nays, 1 Absent (Bane) As there was no further
business to discuss, the public hearing was closed at
Offered: Sue Forder
Seconded: Steve Freeman
Prepared
by:
Janice M.
Korff
Deputy
Clerk