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Lysander ZBA allows Dorns to build new home with conditions requiring old unit be decommissioned
Summary
The Town of Lysander Zoning Board of Appeals approved Christian and Brittany Dorn to build a new residence at 7412 Plainville Road while temporarily occupying the existing house, contingent on revoking the old certificate of occupancy and disconnecting water and sewer to the old structure; vote 5–0.
Richard Jarvis, chairman of the Town of Lysander Zoning Board of Appeals, on May 4 approved conditions allowing Christian and Brittany Dorn to construct a new residence at 7412 Plainville Road while briefly remaining in the existing home during construction.
The decision follows an Article 78 remand from Onondaga County Supreme Court requiring the ZBA to establish reasonable, enforceable conditions. The board’s resolution permits temporary occupancy during construction but requires the applicants to obtain all required construction permits, and mandates that once a certificate of occupancy is issued for the new house the certificate for the existing dwelling will be revoked and that water and sewer service to the existing structure be disconnected and verified by the Code Enforcement Officer.
The Town Attorney recommended the conditions and the board discussed enforcement and inspection procedures; board members noted that a Temporary Certificate of Occupancy can be issued for hardship or emergency cases and that the Code Enforcement Officer will handle certification and verification. The board voted 5–0 (motion by Jarvis, second by Costanzo) to approve the findings and resolution.
Neighbors voiced objections after the hearing closed. Robert Weichert, who identified himself as a neighbor, said the property is listed as 1.53 acres and argued that a town ordinance requiring two acres for a building permit could make the application improper and set an undesirable precedent for the neighborhood. "If you do not mind, I am 93 years old ... it would be like you having a very nice home where you live and have somebody next door come along and build a shack," Weichert said, characterizing his concern as one of precedent and neighborhood character.
Chairman Jarvis replied that the board’s role was limited to whether the applicants may build under the town code and that other agency reviews are outside the specific matter before the ZBA. Jarvis observed that the septic plan on file appears to be set back from the shoreline and said enforcement of the board’s conditions would be verified by Code Enforcement.
Applicant Christian Dorn responded to riparian and septic questions by stating that "the septic system was replaced under a County Grant specifically for repairing and replacing septic systems along the Seneca River. So, it is 100% compliant." A second resident reiterated concerns about overdevelopment, lighting, noise and past property uses; the board confirmed those comments will be part of the public record.
The board directed the Town Attorney to prepare a more detailed resolution reflecting the agreed conditions. The applicant and his attorney thanked the board for their time. No appeal outcome beyond the remand and the conditional approval was recorded at the meeting.
The board adjourned at 8:08 p.m.
