ZONING BOARD OF APPEALS - MINUTES

December 11, 2002

 

 

THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, DECEMBER 11, 2002, AT THE TOWN COMPLEX, 1675 NORTH WAYNEPORT ROAD, MACEDON, NY.  PRESENT WERE CHAIRMAN WARREN JEFFRIES, MEMBERS CARL ELIGH, JOHN GRAVINO AND CHARLES PACKARD.  ALSO PRESENT WERE TOWN ENGINEER SCOTT ALLEN AND COUNCILMAN DAVID MAUL.  ABSENT WAS MEMBER HELEN SAVERSKY.

 

Mr. Jeffries called the meeting to order at 7:30 p.m.  He then explained the purpose for which this Board serves and read the Legal Notice as it appeared in the "Times".

 

PUBLIC HEARING:

 

Z-26-02 - Milke/2382 West Walworth Road/Area Variance Sections 135-61-A & 135-Schedule I - Request to build attached garage larger than allowed by Code and within rear setback

 

Dale Milke was present to address the Board regarding his application.  At the present time he does not have a garage for his vehicles.  Proposed garage would be 36' wide x 28' deep, which makes it over the allowed area & within the setback (34' vs. 40' required).  Mr. Milke pointed out that if he were to build this garage as an accessory structure it could be placed within 15' of the rear line and encompass more square footage.  Peak of the garage roof will be 8-10' below the peak of the house.  Mr. Milke has spoken with his neighbor on the driveway side of the house, and they are not opposed to this action.  He will install a retaining wall to prevent erosion of the land between their homes.  Carl Eligh added that he had spoken with the neighbor, Mr. Howell, who has no problem with this request.  The Reisdorfs on Murphy Lane, behind the Milkes, also had no concerns with this.  There was no one else present to speak for or against the granting of this variance.

 

-         Town Board has no concerns

-         Planning Board has no concerns

-         Wayne County Planning Board - no input due to timing of meeting

 

Public hearing was then closed.

 

Second public hearing was temporarily postponed to give the applicant additional time to appear due to weather conditions.

 

OTHER BUSINESS:

 

Z-20-02 - Weiner/1113 Erie St. Rd./Amendment of Variance - The Board reviewed a request by Marc Weiner to remove/modify the condition placed on his recently granted variance.  Mr. Weiner and his neighbors, the Sitters, have agreed the window need not be removed, but can be covered over.  Motion made by John Gravino, seconded by Charles Packard, that the Decision rendered on October 9, 2002, be amended to approve this variance with the condition the upper window facing the road be covered in accordance with the drawing submitted by applicant dated 10/30/02.

 

Roll Vote:   Eligh - yes; Gravino - yes; Packard - yes; Jeffries - yes; Therefore this variance is amended.

 

BOARD DISCUSSION:

 

Z-26-02 - Milke/2382 West Walworth Road/Area Variance Sections 135-61-A & 135-Schedule I - Garage larger than allowed by Code and within rear setback

 

Motion made by John Gravino, seconded by Charles Packard, to grant this variance.  Five factors were then reviewed.

 

Roll Vote:  Eligh - yes; Gravino - yes; Packard - yes; Jeffries - yes; Therefore this variance is granted.

 

PUBLIC HEARING:

 

Z-25-02 - Sherburne Properties, LLC/1241 Route 31/Area Variance Section 135-162-B - Request to expand non-conforming building

 

There was no one present to speak for or against this application.  Mr. Jeffries explained this is a commercial usage in a residential zone.  This property is presently part of a re-zoning request (from R-30 to GC) before the Town Board on December 12th.  If the re-zoning were approved, this would then become a conforming use with the non-conforming element being the setback from Route 31.

 

-         Town Board - no input

-         Planning Board - favorable recommendation with a request that vehicles

currently being stored off site be brought back onto the site

-         Wayne County Planning Board - no input due to timing of meetings

 

Public hearing was then closed.

 

BOARD DISCUSSION:

 

Motion made by John Gravino, seconded by Carl Eligh, to approve this variance.  Mr. Jeffries felt that due to the absence of the applicant or their representative this request should be denied.   The five factors were then reviewed.

 

Roll Vote:  Eligh - no; Gravino - no; Packard - no; Jeffries - no.

 

Motion to deny this variance, based on the lack of appearance by the applicant, was made by John Gravino, seconded by Carl Eligh. 

 

 

Roll Vote:  Eligh - yes; Gravino - yes; Packard - yes; Jeffries - yes; Therefore, this variance is denied.

 

MINUTES:

 

Motion to approve the November 13th minutes as amended made by Carl Eligh, seconded by Charles Packard.  All in favor; motion carried.

 

ADJOURNMENT:

 

Motion to adjourn made by Carl Eligh, seconded by John Gravino.  Meeting adjourned at 8:10 p.m.

 

 

Respectfully submitted,

 

 

Susan Bush

Clerk for the Board