Zoning Board of Appeals

Regular Meeting and Public Hearing

June 19, 2008

 

Chairman Ellen Tuohey called the Regular Meeting to order at 7:00PM, 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

                                    Jennifer Draper Deputy Clerk

                                    Dan Wolfe Code Enforcement Officer

                                    Patrick Holland, Contracter

                                    Mr and Mrs. Weichec, Applicants

                                    Donna Bane, ZBA Member

                                    Jamie Cook,  Applicant

                                   

MINUTES:

 

RESOLUTION NO.5-06/08

 

RESOLUTION TO ACCEPT MINUTES OF THE MARCH 20th MEETING

 

RESOLVED, to accept the minutes of the March 20th 2008 meeting as presented to each Board Member.

 

Motion by Sue Forder

Seconded by Scott Goetze

 

Carried 5 ayes; 0 nays

 

 

 

Chairman Ellen Tuohey opened the meeting with review of Area Variance Application # 02-08, submitted by David Weichec.  10609 Lake Shore Road, Lyndonville, NY 14098.

 

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

 

Question 3:  Whether the requested variance is substantial:

 

Answer:  NO

 

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:  Yes

 

 

Review of Applicant # 03-08 submitted by Jamie Cook, 6372 W. Quaker, 6372 W. Quaker Street, Orchard Park, New York 14127 for an Area Variance at 1827 Greenman Road, Lyndonville, NY 14098.

 

 

Sue and Donna had measured the lot approximately 30’ feet to the driveway. Members reviewed the findings and decision form.

 

Scott had some photos for the members to review.  The members were discussing whether size was shed or barn.  There was no building permit issued prior to shed being placed on the property. 

 

Sue and Donna talked to the neighbor about the shed’s location and the neighbor said “It was already there”. 

 

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

 

Question 3:  Whether the requested variance is substantial:

 

Answer:  NO

 

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:  Yes

 

 

 

 

 

 

 

 

 

 

 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

                                    Jennifer Draper, Deputy Clerk

                                    Donna Bane, ZBA Member
                                    Jamie cook, applicant

                                    Dan Wolfe,Code Enforcement Officer

                                    David Weichec

                                    Patrick Holland

 

Chairman Ellen Tuohey opened the meeting with the pledge of allegiance.

 

The following legal notice was placed in the Medina Journal Register on Thursday, June 12, 2008.

 

 

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on June 19, 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 Area Variance Application # 04-08, submitted by David Wiechec, 10609 Lake Shore Road, Lyndonville, New York 14098.  The second public hearing is for Application #05-08 submitted by Jamie Cook, 6372 W. Quaker Street, Orchard Park, New York 14127 for an Area Variance at 1827 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.

 

 

First Public Hearing David Wiechec-10609 Lakeshore Road asking for an Area Variance.

 

Discussion:

 

Ellen- Is there any way you can move the garage 10ft in? Why do you need 15ft.?

 

Patrick Holland Contractor- it will be closer to 7 or 8 feet . The  Wiechec’s have spoken to Jean Whipple and she would like five foot but can live with 7 or 8 feet. When I applied for the variance I listed 15feet.

 

Steve- we can grant the variance to what you need.

Patrick Holland- Would like to use existing driveway and have room in order to back a boat trailer in and around . If we have to have 15 feet it will be tight.  We also think it would look better .

 

I do have a comment on someone saying it was 60 feet from the shoreline. It is quite a bit more

 

Scott-the house is 60 foot from lakeshore

 

Patrick-the garage is 400 feet from water and we do not feel there would be any obstruction issue.

 

We felt it would look better and I don’t want to speak for Jean Whipple but Mrs Wiechec spoke with her and Mrs Whipple seemed to think 5 foot might be to tight but she could live with 7 or 8.

 

Steve- I am a little reluctant when looking at prime lots. These are the most expensive lots in the Town and we   don’t want owners encroaching   on  a neighbors who is going to build there. There has to be a real need for a variance.

 

Dave Wiechec- My lot is 99 ft if I give 2 feet to the Town then I could build 5 feet from the line.   Again  we feel it would be more attractive from the road people will see a house instead of a garage.  Looking out the front door with the old setbacks we would be looking and could only see the garage.

 

Steve- they are pretty pricey lots and we do not want to detour from that.

Consider if you put it there will it cause the Whipple’s to change what they want to build on their lot?

 

If she has to move a garage or building because now your are to close to the line for what she wanted to do that is a problem.

 

Jean Whipple- I don’t think we would build anything in that area. 5 feet is a little to close to the line, I told the Wiechec’s I could live with 10 feet..  It would look better from the road. If its closer to our line I agree with that.  I might be able to live with 8 feet but would rather see 10 feet.

 

Steve-Are the stakes the property lines?

 

Patrick Holland-Yes they surveyed today.

 

Steve- I stopped tonite .the last time I stopped I could not tell where the line was.

 

Sue- How close to the line are the row of trees?

 

Mrs. Wiechec- the trees are a couple feet in our yard.

 

Patrick Holland-5 feet is hard for us to accept-Building Department will assure that it will be placed where this board allows.

 

Steve- quite a few lots are not surveyed, I built mine without surveying.

 

Mr. Wiechec- we want to do this the right way that is why we talked with Jean before.

 

Steve- Jean can you live with 8 feet from the line.

 

Jean- Yes I can live with 8 feet from the line.

 

Patrick Holland- I assure Jean it it will be no more than 8 feet.

 

Steve- If it is not interfering with the Whipples it is ok with me. With lots that big we have a lot of problems with building closer .  I do not think with a lot the size of Whipple’s there will be a any encroachments and it won’t be a fire problem.

 

The reason for set-back is for Fire Protection if your garage burns it won’t burn out you neighbor.

 

 And Scott Goetze Excused himself from voting due to relative neighbor. He’s not concerned with Obstructing view with new garage.

 

 

Ellen- If Jean is acceptable to 8 feet, that is a good compromise.

 

RESOLUTION NO.6-06/08

 

RESOLUTION TO ALLOW WIECHEC TO BUILD 8 FEET FROM PROPERTY LINE

 

WHEREAS , everyone that requested to be heard was allowed to speak and the Zoning Board reiewed the application and

 

WHEREAS, the neighbor Jean Whipple was comfortable with an 8 foot set back, be it

 

RESOLVED, that Mr. Wiechec be allowed to place garage 8 feet from side property line

Motion by Donna Bane, to allow Wiechec to build 8 feet from property line.

Seconded by Steve Freeman

 

Vote-3 ayes(Touhey,Freeman,Bane) 1 nay(Forder) 1 abstain (Goetze)

 

Second Public Hearing-area variance for Jamie Cook

 

Jamie Cook-property owner of 1827 Greenman Road, Lyndonville, NY

 

Discussion:

 

Jamie Cook- I built a barn shed on property I bought on Greenman Road-I live in Orchard Park The shed where I stored a mini bike and mower was falling down. Decided to build a new barn shed.  Talked with the neighbor south of my property  and he didn’t have a problem. I wrote him and asked him to write a letter but he doesn’t want to get involved wants to stay neutral. I planned to build the shed and it just got bigger and bigger as we went along.  I wanted to put it in the opposite corner of my property  but my property is the drainage for for surround property.  Where I placed the shed barn is the only dry spot. Jim’s land in the back has an old go-cart track built above my property all the water that comes down the hill hits the track and drains around it and into my property. The shed is on the hide side of the property that is why it was placed there.

 

I hired the Amish (Heritage Structures to build the barn.  I asked if I needed a building permit  and he basically told me because it wouldn’t be attached I didn’t need a Building Permit.

 

I checked with Jim Bacon and other neighbors their concern was that it would turn into a trailer park. 

 

Ellen-Are you going to use it as a camp site?

 

Jamie- No me and my son just come out on day trips with the dog and shoot shot guns.  A friend hunts turkey and I would like to learn the sport. I am clearing the property and if I had put the Barn out further it would have been damages by fallen trees. What you see is the only cleared spot.

 

Ellen- On your application it stated shed was put in wrong place by Amish.

 

Jamie- They told me it would be the perfect spot,he said something about 5 foot from property line . I had talked with Jim and he said he didn’t care what I did. I tried to get Jim to come tonight to the meeting or write a letter but I got no response.

 

Ellen-You said you spoke to Mrs. Bacon and she said its already there what can I do.  

 

Jamie- I tried to be in compliance and build something nice.

 

Sue-Does your property go at an angle? NW to SE

 

Jamie-Yes it goes at an angle.

 

Sue- isn’t part of your driveway on their lot?

 

Jamie-there is a drain tube and my driveway is just over the tube. The tree line is where it is staked off I measured 15 ft from the tree line.

 

Scott- I measured that to

 

Jamie- the builder said 5 feet I said 15 feet from tree line so I would not encroach on go-cart track. I found out I need 30 feet and that would put me in the middle of my property.

 

Sue- 30 feet would put you right against the pine tree.

 

Steve- seeing that the land is not a building lot I look at 15,30,45,10 has no affect on the neighbors property.  15feet is not bad, when we drew up the regulations , the intent was that if a lot is big enough in the country it was to keep neighbors spread out. It was not a magic number it was to keep people off the property line.

 

Sue- What would it cost to move?

 

Jamie I really don’t know probably $1000.00 to $1500.00

 

Steve- does it have a floor?

 

Jamie- it has 4inches of stone and 6x6 and pressure treated lumber around the outside.

 

Scott- I share Steve sediments, I understand where the neighbors comment is coming from it’s already built. It’s a pretty nice structure and its not going to be an eye sore.

I feel your intentions were good.

 

Ellen- Is this the only area where there isn’t water ?

 

Jamie- Yes I didn’t want to face it toward Bacon’s I’d be looking right into their backyard

 

Scott- You are on the high spot

 

Steve I am not nearly concerned about the setback in the country.

 

 

RESOLUTION NO.7-6/08

 

RESOLUTION TO ALLOW JAMIE COOK TO LEAVE BARN SHED WHEREIT IS AT 15 FEET FROM THE LINE

 

WHEREAS, the shed barn is already in place, and it is in the best location as far as preventing water damage, be it

 

RESOLVED, Jamie Cook be allowed to leave the shed barn where it is and be it further

 

RESOLVED, that Jamie Cook will  get a Building Permit

 

.

 

Motion by Steve to allow the building to stay where it is allowing a 15 foot area variance and a Building Permit must be obtained.

Seconded by Scott

 

Carried- 5 ayes,0 nays

 

Moved by  Donna Bane   to adjourn the meeting at 8:02

Seconded by Scott Goetze

 

Carried: 5 ayes;0 nays