Zoning Board of Appeals

Regular Meeting and Public Hearing

December 10, 2014

Chairman Gary Daum called the Regular Meeting to order at 7:00 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098.

Those Present: Gary Daum, ZBA Chairman

Mike Boring, ZBA Member

Pat O’Brien, ZBA Member

Dawn Metty, Deputy Clerk

Those Absent: Paul Lauze, ZBA Member

MINUTES:

Chairman Gary Daum entertained a motion to accept the minutes from the August 12, 2014 meeting.

RESOLUTION NO. 8-12/14

RESOLUTION TO ACCEPT THE MINUTES FROM THE AUGUST 12, 2014 MEETING AS PRESENTED TO EACH BOARD MEMBER.

RESOLVED, to accept the minutes from the August 12, 2014 meeting as presented to each Board Member.

Offered: Pat O’Brien

Seconded: Mike Boring

Votes: 3 Ayes (O’Brien, Boring, Daum); 0 Nays (1 absent Paul Lauze)

Chairman Gary Daum – The purpose of this meeting is for an Area Variance from James & Jeanne Whipple. They are asking for a 12’ side setback variance. Denial was made because of conflict with the Zoning Code, Section 570 Paragraph E. (15’ side setback required) Would like to place a 12 x 14 Amish style shed in the area they need the variance for.

Chairman Gary Daum asked if the Zoning Board had a chance to look the application over and are there any questions or concerns.

There were no questions or concerns from the board members.

Chairman Gary Daum let the board know that Code Enforcement Officer Dan Wolfe asked to be excused; he could not be here tonight.

Area Variance Findings and Decision sheet was filled out.

Chairman Gary Daum spoke about the Lighthouse Wind Open House that took place here last night (Tuesday December 9, 2014). There’s mostly farm land where they want to put these windmills.

Pat O’Brien mentioned that they want to put the windmills up about 600 ft. to catch more wind.

There will be about 70 of them all together from Yates to Somerset.

Chairman Gary Daum – Not sure where this will go, may have to add some changes to our Zoning.

Chairman Gary Daum mentioned as of right now there is nothing on the agenda for next month.

Closed regular meeting.

Chairman Gary Daum called the Public Hearing to order at 7:30 pm, at the Yates Town Hall, 8 South Main Street, Lyndonville, NY 14098

Those Present: Gary Daum, ZBA Chairman

Mike Boring, ZBA Member

Pat O’Brien, ZBA Member

Dawn Metty, Deputy Clerk

Jim Whipple, Applicant

Those Absent: Paul Lauze, ZBA Member

The following notice was placed in the Batavia Daily News on November 26, 2014.

PLEASE TAKE NOTICE; there will be a Public Hearing held on December 10, 2014 at 7:30 pm at the Yates Town Hall, 8 South Main Street, Lyndonville, New York 14098. The purpose of the public hearing is for an Area Variance, Application # 05-14, submitted by James & Jeanne Whipple at 10611 Lakeshore Rd. FL 55A, Lyndonville, New York 14098 for a 12’ side setback variance. This application 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.

Chairman Gary Daum – We have an Area Variance application submitted by James and Jeanne Whipple requesting a 12’ side setback variance. The application has been reviewed and is complete with a site plan.

James Whipple – There was an old shed (12 x 16). There is drainage on east side and a drainage ditch on the other. The old shed was wet all the time.

Pat O’Brien – The old shed is gone, right.

James Whipple – Yes

Pat O’Brien – Will the new one just sit on the ground. (Not fastened)

James Whipple – Yes. They are just going to drop it.

Chairman Gary Daum asked if there were any more questions.

There were no more questions

Chairman Gary Daum made a motion to close Public Hearing.

Offered by: Pat O’Brien

Seconded by: Mike Boring

Votes: 3 Ayes (Daum, Boring, O’Brien); 0 Nays (1 absent Paul Lauze)

Reconvene to the regular meeting

Chairman Gary Daum – The drainage is a good reason for the move of the shed.

Chairman Gary Daum entertained a motion to accept James & Jeanne Whipple’s application for the Area Variance.

RESOLUTION # 9-12/14

RESOLUTION TO ACCEPT JAMES & JEANNE WHIPPLE’S APPLICATION FOR THE AREA VARIANCE.

RESOLVED, to accept James & Jeanne Whipple’s application for the area variance.

Votes: 3 Ayes (Daum, Boring, O’Brien); 0 Nays (1 absent Paul Lauze)

NO FURTHER BUSINESS WAS DISCUSSED

Motion to adjourn meeting.

Offered by: Mike Boring

Seconded by: Pat O’Brien

Votes: 3 Ayes (Daum, Boring, O’Brien); 0 Nays (1 absent Paul Lauze)