Zoning Board of Appeals

Regular Meeting and Public Hearing

March 20, 2008

 

Chairman Ellen Tuohey called the Regular Meeting to order at 7:02PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.

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 1994 Greenman Road, Lyndonville NY. Joshua is seeking a variance for a garage he would like to build on his property but is 16’ short for the side area variance to the neighboring property line.

 

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 10741/10742 Lake Shore Road, Lyndonville, NY 14098.

 

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 Lot 1; the lakefront cottage could be created at 100’ wide x 135’ deep and reduce the total square footage variance needed from 17,850 to 16,500. Lot 2 would be granted the 8’ variance for road frontage needed on Lake Shore Road.

 

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 Lot 1 to have 100’ of lake frontage, and then no variance would be needed for frontage. Lot 1 depth would be left at 135’, with a total square footage of 13,500 and an area variance of 16,500 would be needed. Lot 2; an 8’ frontage variance is needed.

 

Question 3: Whether the requested variance is substantial:

 

Answer:   Yes for Lot 1 because a 16,500SF variance is needed. No for Lot 2, only an 8’

 

 

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:        02-03/08

 

Offered:   Sue Forder

Seconded:     Scott Goetze

 

RESOLUTION TO ACCEPT THE Meeting MINUTES FROM NOVEMBER 5, 2007 AND JANUARY 18,2008 AS PRESENTED TO EACH MEMBER.

 

RESOLVED, to accept the meeting minutes from November 5, 2007 and January 18, 2008 as presented to each member.

 

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 7:31PM, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.

 

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 Thursday, March 13, 2008:

 

LEGAL NOTICE:

 

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on March 20, 2008 at 7:30PM at the Town Hall, 8 South Main Street, Lyndonville, New York 14098. The purpose of the first public hearing is for Special Use Permit Application # 01-08, submitted by Edwin Washakie, 161 N. Gravel Road, Medina New York 14103 for an Area Variance for property located at 10741 & 10742 Lake Shore Road, FL 41A, Lyndonville, New York 14098. The second public hearing is for Special Use Permit #02-08 submitted by Joshua Hill, 10812 Maple Ridge Road, Medina, New York 14103 for an Area Variance at 1994 Greenman Road, Lyndonville, New York 14098. 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.

 

Ellen called for area variance application #01-08 submitted by Edwin Washak, 161 North Gravel Road, Medina, NY 14103 for his property at 10741/10742 Lake Shore Road, Lyndonville, NY 14098.

 

Ellen offered the Board’s suggestion to the concerned parties. She proposed that Lot 1 at the lakefront be created with 100’ x 135’, which would be a total of 13,500 SF, needing a 16,500 SF variance. Lot 2, the main house parcel could be granted the 8’ area variance for road frontage as is.

 

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 Lake Shore Road, Lot 2 would need an 8’ variance. The Board’s concern with the variance on the lakefront was that they do not want to create a lot smaller than the standard 100’ lot. This proposal would reduce the remaining lake frontage on the main parcel from 35’ to 25’.

 

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 Lot land said he would talk with his wife and if this was okay with her, they would agree to the proposal. All parties would like to go forward with the sale.

 

RESOLUTION NO: 03-03/08

 

Offered:   Sue Forder

Seconded: Scott Goetze

 

RESOLUTION TO ISSUE EDWIN WASHAK, 161 NORTH GRAVEL ROAD,

MEDINA NEW YORK, AN AREA VARIANCE FOR HIS PROPERTY AT

1074 1/10742 LAKE SHORE ROAD, LYNDONVILLE NEW YORK, FOR LOT 1,

LAKE FRONT COTTAGE PARCEL TO BE CREATED AT 100’ X 135’ AND A

TOTAL SQUARE FOOTAGE VARIANCE OF 16,500’. PARCEL LOT 2 AREA

VARIANCE OF 8’ FOR THE LAKE SHORE ROAD FRONTAGE.

 

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 Lot 2 area variance of 8’ for the Lake Shore Road frontage.

 

Vote:  4 Ayes (Forder, Freeman, Goetze, Tuohey), 0 Nays, 1 Absent (Bane)

 

 

Ellen called application #02-08 as submitted by Joshua Hill, 10812 Maple Ridge Road, Medina for his property at 1994 Greenman Road, Lyndonville New York, for an area variance on a garage he wants to build on the property. Margaret (Peggy) Hill was present to represent Joshua who was out of town for work.

 

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: 04-03/08

 

Offered:   Sue Forder

Seconded: Scott Goetze

 

RESOLUTION TO ISSUE JOSHUA HILL, 10812 MAPLE RIDGE ROAD, MEDINA

NEW YORK 14103 A 16’ AREA VARIANCE FOR PROPERTY AT 1994

GREENMAN ROAD, LYNDONVILLE, NEW YORK 14098, FROM THE PROPOSED

GARAGE SITE TO THE NEIGHBORING PROPERTY LINE TO THE SOUTH.

 

RESOLVED, to issue Joshua Hill, 10812 Maple Ridge Road, Medina, New York 14103

a 16’ area variance for the his property at 1994 Greenman Road, Lyndonville, New York

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 7:49pm.

 

Offered:   Sue Forder

Seconded: Steve Freeman

 

Prepared by:

Janice M. Korff

Deputy Clerk