APPEALS
BOARD MINUTES
March 13, 2002
THE
TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, MARCH
13, 2002 AT THE TOWN COMPLEX, 1675 N WAYNEPORT RD, MACEDON, NEW YORK. PRESENT WERE, CHAIRMAN WARREN JEFFRIES,
MEMBERS, SUE BUSH, JOHN GRAVINO AND HELEN SAVERSKY. ALSO PRESENT WAS ZONING OFFICER / TOWN ENGINEER, SCOTT ALLEN AND
TOWN COUNCILMAN, DAVID MAUL. ABSENT WAS
MEMBER CHARLES PACKARD.
Mr.
Jeffries called the meeting to order at 7:30 p.m. Mr. Jeffries explained the purpose for which this board serves
and read the legal notice as it appeared in the “Times”. He then informed the Board that the
application for Macedon Hills Restaurant, 1090 Route 31, Section 135-162-B,
expansion of a non-conforming building within 250' setback, had been withdrawn.
PUBLIC
HEARING:
Joseph
Delfino, Rock-N-Wash, 992 Route 31 / Area Variance, Section 135-162-B /
Expansion of a non-conforming use within 250' setback from Route 31
Joseph Delfino, 23
Heatherwood Road, Fairport, NY, the owner of Rock-N-Wash, would like to add a
second laser wash bay to the East End of the existing car wash. The existing east driveway area would be
used for this expansion. He stated this
driveway would be blocked off whether or not the variance is granted and/or
construction begun. There is a service
door out of that section of the building, which exits directly onto the
driveway, creating a hazard to employees using that door. Property is presently zoned residential, and
as such, needs a 50' side setback from the property line. Chairman Jeffries then asked the applicant
if he would care to amend his application to ask for an additional variance in
consideration of this side setback (asking for a 5' setback vs. 50' / Section 135-68-schedule
1). Mr. Delfino then amended
application. John Gravino asked about
location of utilities and right of way for this property and the immediate
adjoining are on the East Side.
Richard Deys, 1472
Macedon Center Road, Macedon, also spoke in favor of granting this
variance. David Morrell, 175 Dar-Lind
Lane, Palmya, owner of Community Car Wash, Route 31, Macedon, asked to see the
plans for this project. No one else was
present to speak for or against the granting of this variance.
-Planning Board gave a negative
recommendation due to the side setback
-Town Board objected regarding the 5' setback. Scott Allen, CEO, noted that the ZBA was the first step in a
lengthy approval process involving the Planning Board and Town Board. His February 4, 2002, letter to Mr. Delfino,
outlined various points regarding this project.
-SEQR not required
-Wayne County Planning Board recommended approval for the front
setback. They were not asked regarding
the side setback.
Mr.
and Mrs. Mike Young, 3051 Daansen Rd, Walworth (Macedon) / Area Variance -
Section 135-61 / House setback behind barn
Dave Matthews,
Matthews Consulting, spoke on behalf of the applicant. This is a 23 acre property with a barn
located approximately 600' from Daansen Rd.
Chairman Jeffries asked why the house could not be placed closer to the
road. Response was aesthetics and the
grade of the land (slopes downward as you approach the road). Susan Bush asked if Mr. Young's business was
run out of that barn. Response was yes;
he has a mining permit for that location.
No one else was present to speak against this application.
-Planning Board gave a positive
recommendation on this application.
-Town Board is in favor of the
granting of this variance (size of lot makes this negligible).
-SEQR not required
-Wayne County Planning Board not
required.
Richard
Deys, 1472 Macedon Center Rd, Macedon / Area Variance / Request to build a barn
larger than house / Section 135-61-B-3
Mr. Deys presented
his plan and noted that he had revised the location of the barn, drawing a
rough map on the display board. His new
placement of the barn, as close to the side property line as allowed, would not
cut off the view of his pond from his house and provides better access to the
existing driveway. This will be pole
barn construction, sided to match the house.
The proposed barn would be 5,000-sq. ft., and Mr. Deys noted a farm barn
of 3,368-sq. ft. at one time occupied this site.
George Dobbertin,
1426 Route 31F, Macedon, a neighbor of this project, stated that he was in
favor of a resident building a pole barn.
However, he wanted to know the maximum size allowed for the building and
what size is proposed. He also asked
about the physical appearance of the barn - windows, plans, etc. Mr. Jeffries explained the maximum size of
an accessory structure must be less square footage than the principal structure
(house). In this case the principal
structure is 1,344 sq. ft. Mr.
Dobbertin had additional concerns regarding how this building would be used -
storage of personal items / vehicles vs. "parking of commercial
equipment". It was explained that
commercial use in this area is not permitted.
Jay Burke, 1489 Macedon Center Road, Macedon agrees with Mr. Dobbertin. John Paglia, 1539 Macedon Center Road,
Macedon, agrees with Mr. Dobbertin. No
one else was present to speak for or against this application.
-Planning Board gave a positive
recommendation on this application.
-Town Board felt this was a large building, however, compared to total
acreage of the property (22 acres), this is not a large percentage (1/2%). No objection to granting this variance.
-SEQR not required
-Wayne County Planning Board felt
this had no countywide impact and referred it back for local action.
Councilman Maul
suggested that the plans for this project be monitored for compliance as to
setbacks and height of structure. Mr.
Deys indicated an 18-month abandonment clause would not present a problem for
construction.
BOARD
DISCUSSION
Richard
Deys, 1472 Macedon Center Rd, Macedon / Area Variance / Request to build a barn
larger than house / Section 135-61-B-3
A motion was made
by Helen Saversky, seconded by John Gravino to approve this variance with an
18-month abandonment clause. Ms.
Saversky and Ms. Bush were comfortable with this as long as it is not used for
commercial purposes and meets the setback and height requirements. Five factors concerning an area variance
were reviewed.
Roll Vote:
Gravino-yes Saversky-yes Bush-yes
Jeffries-yes Therefor this variance is granted.
Mr.
and Mrs. Mike Young, 3051 Daansen Rd, Walworth (Macedon) / Area Variance -
Section 135-61 / House setback behind barn
A motion was made
by John Gravino, seconded by Helen Saversky to approve this variance with an
18-month abandonment clause. Discussion
followed regarding the abandonment clause.
Applicant requested 36 months instead of 18. Precedent has been set that maximum time of 18 months. Motion remained. The five factors concerning an area variance were reviewed.
Roll Vote: Gravino-yes
Saversky-yes Bush-yes Jeffries-yes Therefor this variance is granted
Joseph
Delfino, Rock-N-Wash, 992 Route 31 / Area Variance, Section 135-162-B /
Expansion of a non-conforming use within 250' setback from Route 31
A motion was made
by John Gravino, seconded by Helen Saversky to table this application. Mr. Gravino would like to see a map and/or
the physical staking of rights of way and underground utilities to include 50'
into the adjoining property to the east.
Due to the requested 5' side setback, this would allow the Board to see
the ramifications of this encroachment on the property line. Applicant was given the 800 number to call
to have this staking accomplished. He
is to notify the Town when this has been done for the Board members to review.
Roll Vote: Gravino-yes
Saversky-yes Bush-yes Jeffries-yes Therefor this application is tabled for the next meeting.
MOTION
TO ADJOURN was made by John Gravino and seconded by Helen Saversky, all in
favor. Adjournment 9:15 p.m.
Respectfully
Submitted,
Susan
Bush, Member, Zoning Board of Appeals