Zoning Board of Appeals

Regular Meeting and Public Hearing

April 9, 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

Gary Daum, ZBA Member

Pat O’Brien, ZBA Member

                                    Dawn Metty, Deputy Clerk

                                   

Those Absent:             Donna Bane, ZBA Member

                                                                       

                                   

MINUTES:

 

Chairperson Sue Bane called a motion on advisement of our attorney we go into an executive session.

 

Seconded by Pat O’Brien

 

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

 

Paul Lauze made a motion to close the executive session.

 

Seconded by Pat O’Brien

 

Votes:  4 Ayes (Bane, Lauze, Daum, O’Brien), O Nays

 

The Zoning Board briefly discussed Marlin Yoder’s application for an area variance.  Discussion on the set back from the road being 82’ measured by Dan Wolfe from the edge of the road.  An 18’ variance is needed in addition to the 1.1 acre variance needed for the number of dogs Mr. Yoder wants to have.

 

Pat O’Brien asked if Mr. Yoder was going to use the kennel as a commercial based business.  No he is not.

 

Any security fence that is added outside will need to make sure it does not go to the south as that would be in the front yard, which is against zoning regulations.

 

The Area Variance Findings & Decision form was filled out.

 

Next the Zoning Board went over Paul Doolan’s application for an area variance.  Mr. Doolan is asking for the variance because there is a utility pole in the way which is stopping him from moving the proposed building farther away from the road.

 

Chairperson Sue Bane read a letter in favor of Mr. Doolan’s application from John Cummings.  (See Attached)

 

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 

                          Dawn Metty, Deputy Clerk

                          Marlin Yoder, Applicant

                          Paul Doolan, Applicant

 

Those Absent:  Donna Bane, ZBA Member

                         

 

The following notice was placed in the Medina Journal Register on April 3, 2013.

 

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on April 9, 2013 starting 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 # 02-13, submitted by Paul Doolan at 12275 Platten Rd., Lyndonville, New York 14098 for a 17’ front setback variance.  At 7:45 pm will be the Second Application # 03-13, submitted by Marlin Yoder at 2176 Angling Rd., Lyndonville, NY 14098 for an 18’ front setback variance and a 1.1 acre lot size 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.

 

This is Application # 02-13 for Paul Doolan requesting a 17’ front setback variance for a pole barn.

 

A couple of questions asked were:  Is there any other place to put the pole barn?

Mr. Doolan - No there isn’t.  There is a pole in the way to move barn back, financially it would cost too much to have the pole moved.  There is a leach field to the west and the barn can’t be put there.

 

Is it going to be used for storage?

Mr. Doolan – Yes and explained that he would like the pole barn to be even with the front of the house as he eventually will turn the existing attached garage into a bedroom and would like to attach the new pole barn to that.

 

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

           

There were no more questions.

 

RESOLUTION # 02-2013

 

RESOLUTION TO ACCEPT THE 17’ FRONT SETBACK VARIANCE FROM PAUL DOOLAN AT 12275 PLATTEN RD, LYNDONVILLE, NY 14098

 

RESOLVED, to accept the 17’ front setback variance from Paul Doolan at 12275 Platten Rd. Lyndonville, NY 14098

 

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

 

At 7:45 pm Chairperson Sue Bane called the second public hearing to order.

 

This is Application # 03-13 for Marlin Yoder for an 18’ front setback variance and a 1.1 acre lot size variance for a dog kennel.

 

The board asked what Mr. Yoder’s intensions were for a security fence.

Mr. Yoder – The dogs will be in a separate room designed for the dogs.  He explained that the building is secure and there is no need for an outside fence.

 

Mr. Yoder also informed the board that he did get 6.5 acres added to his property from his dad and that it is in the process at Attorney Kathy Bogans office.  The deed is not currently recorded with the county as of the hearing date.

 

Chairperson Sue Bane asked if there were any more questions.

 

For the record Mr. Yoder is going to have 15 females and 3 males. There will be different breeds.  About 4 pups per female and possibly when breeding all be pregnant at the same time.

 

Mr. Yoders intension is to sell to pet stores not to individuals.  He could sell 24 pups to the general public if he wants to but he doesn’t.

 

What about the noise and odor.

Mr. Yoder – Noise will not be a factor, the building is insulated.

 

Is there a way to put the building anywhere else?

Mr. Yoder - If it’s something he wants to pursue in the future then yes he could probably do that, but for now, no.

 

As far as disposal, what are you going to do with the waste?

Mr. Yoder - The pens are up with saw dust underneath and will be cleaned every day.  He will spread the waste on the fields for fertilizer.

 

Chairperson Sue Bane asked if there were any other questions.

There were no other questions.

 

RESOLUTION # 03-2013

 

RESOLUTION TO ACCEPT THE 18’ FRONT SETBACK VARIANCE AND A 1.1 ACRE LOT SIZE VARIANCE FROM MARLIN YODER AT 2176 ANGLING RD., LYNDONVILLE, NY 14098 WITH THE STIPULATION THAT IF A SECURITY FENCE IS PUT UP, IT MEETS ZONING REGULATIONS AND IS NOT TO BE PUT IN THE FRONT YARD.

 

RESOLVED, to accept the 18’ front setback variance and a 1.1 acre lot size variance from Marlin Yoder at 2176 Angling Rd., Lyndonville, NY 14098 with the stipulation that if a security fence is put up, it meets Zoning regulations and is not to put in the front yard.

 

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

 

NO FURTHER BUSINESS WAS DISCUSSED

 

Pat O’Brien made a motion to close the public hearing.

 

Seconded by:  Paul Lauze

 

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