THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, FEBRUARY 12, 2003, AT THE TOWN COMPLEX, 1675 NORTH WAYNEPORT ROAD, MACEDON, NY. PRESENT WERE CHAIRMAN WARREN JEFFRIES, MEMBERS CARL ELIGH, JOHN GRAVINO, CHARLES PACKARD. ALSO PRESENT WERE TOWN ENGINEER SCOTT ALLEN AND TOWN 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".

Kim Thompson, FRA Engineering, and Doug Ulrich, attorney for the applicant, were present on behalf of Laker Development. Ms. Thompson explained the proposed project, including a 10,055 sq. ft. CVS and separate maximum 4,000 sq. ft. bank. Access would be from Route 31 & Canandaigua Road. DOT review has been done, and this parcel has been rezoned from R-30 to GC. The buildings have been moved back on the parcel to allow for maximum green space resulting in a 108 ft. setback from Route 31. Traffic from Route 31, building design, landscaping/buffering, setback of Macedon Ford were discussed. No one else was present to speak for or against the granting of this variance.

• Town Board - No objections
• County - Concerns over road access, but recommended approval
• Planning Board - Positive referral
• Town Board is lead agency for SEQR

Public hearing was then closed.

Z-01-03 - Laker Development/CVS - Cor. Route 31 & Canandaigua Road/Area Variance Section 135-85 Schedule I - Front setback less than 250 ft.

Motion made by John Gravino, seconded by Charles Packard, to grant a variance of 108 ft. setback under Section 135-85 Schedule I subject to Planning Board approval of the building design. Mr. Maul noted the Town Board would be discussing the Route 31 setback for a possible change from 250 ft. to 100 ft. Mr. Jeffries cited setbacks of other commercial properties in the area: Burger King - 67 ft.; Valvoline - 65 ft.; Dentist - 84 ft. The five factors were then reviewed.

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

Z-29-02 - Maklos/1825 Magog Road/Area Variance Sections 135-64-E-2, 135-64-E-5, 135-64-E-6, 135-64-E-7-a, 135-E-10, 135-E-11 - Construction of horse barn/riding arena larger than allowed, within setback, number of animals, acreage required & parking setback

Section 135-64-E-2 - 20 acres for commercial riding stable - Motion made by John Gravino, seconded by Carl Eligh, to re-open this action which was tabled at the 1-8-03 meeting. All in favor; motion carried. Previous motion before the Board is to grant approval for a variance under Section 135-64-E-2 with an 18-month abandonment clause. Discussion centered on whether leased land is considered the same as owned land, as Mr. & Mrs. Maklos are seeking the addition of 10 acres to their property. The Town's attorney has advised that if the land is under the applicant's control, by lease or ownership, that acreage would be considered. Therefore, if the applicant has 20 or more acres devoted to this purpose, the Planning Board may authorize this use. Five factors were then reviewed.

Roll Vote: Eligh - no, Gravino - no; Packard - no; Jeffries - no; Therefore, this variance is not granted.

Motion made by John Gravino, seconded by Carl Eligh, to deny a variance under Section 135-64-E-2.

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

Section 135-64-E-5 - Number of horses - Motion made by John Gravino, seconded by Carl Eligh to deny a variance under Section 135-64-E-5. If applicant controls the required acreage, this variance would no longer be necessary.

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

Section 135-64-E-6 - Property line setback - Motion made by Carl Eligh, seconded by John Gravino, to grant this variance under Section 135-64-E-6 for a stable with a 100 ft. minimum setback from the property line. Five factors were reviewed.

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

Section 135-64-E-7 - Property line setback - Withdrawn by applicant.

Section 135-64-E-10 - Height of building - Motion made by John Gravino, seconded by Charles Packard, to grant this variance under Section 135-64-E-10 with the height of the building not to exceed 38 ft. Five factors were reviewed.

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

Section 135-64-E-11 - Off-street parking - Motion made by John Gravino, seconded by Charles Packard, to grant this variance under Section 135-64-E-11 with a 28 ft. setback. Five factors were reviewed.

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

Motion made by John Gravino, seconded by Charles Packard, to approve the 1-8-03 minutes with noted change. All in favor; motion carried.

Motion to adjourn made by John Gravino, seconded by Charles Packard. Meeting adjourned at 8:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board