ZONING BOARD OF APPEALS

March 12, 2003

THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, MARCH 12, 2003, AT THE TOWN COMPLEX, 1675 WAYNEPORT ROAD, MACEDON, NY. PRESENT WERE CHAIRMAN WARREN JEFFRIES, MEMBERS CARL ELIGH, JOHN GRAVINO, CHARLES PACKARD. ALSO PRESENT WAS COUNCILMAN DAVID MAUL. ABSENT WERE MEMBER HELEN SAVERSKY AND TOWN ENGINEER SCOTT ALLEN.

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-03-03 - Turk Hill Park, LLC - Wayneport Centre II - 1675 Wayneport Road/Area Variance Section 135-92 Schedule I - Lot Coverage of 25% vs. 20% allowed by Code

Steve Watters of Turk Hill Park, LLC, explained his proposal. Original site plan approval (1985) was given for a 28,500 sq. ft. addition to the existing building. However, they would now like to build a 30,000 sq. ft. separate building. The change in plan subjects them to code revision since initial approval, and a variance is required for the 25% lot coverage. In consideration of the prior approval, the Planning Board has approved a 28,500 sq. ft. second building with 30,000 sq. ft. contingent upon granting of the variance. 28,500 sq. ft. would be approximately 24.2% and 30,000 sq. ft. is 24.9%. Additional 1,500 sq. ft. would put this building more in line with the number of tenants anticipated (7). No one else present to speak for or against the granting of this variance.

- Town Board - No objections

- Planning Board - Positive referral

- Wayne County Planning Board - Referred back to Town - no countywide or intermunicipal impact

- No SEQR

The public hearing was then closed.

Z-02-03 - Vienna -1575 Walworth Road/Area Variance Sections 135-61-B-4 & 135-162-B - Garage taller than allowed by Code & expansion of non-conforming building

Timothy Vienna presented his proposal to remove the present leaking roof from his garageand raise the height 4 ft. to allow for more storage space and a possible office. He has a seamless gutter business and uses the garage for his van & storage. Present

structure is 20 ft. and sits approximately 2 ft. from the property line. Due to the location of the garage, Mr. Vienna amended his application to incorporate Section 135-162-B for expansion of a non-conforming building. No one else was present to speak for or against the granting of this variance.

- Town Board - No objections

- Planning Board - No input due to lack of information

- Wayne County Planning Board - Referred back to Town - no countywide or intermunicipal impact

- No SEQR

The public hearing was then closed.

BOARD DISCUSSION:

Z-03-03 - Turk Hill Park, LLC - Wayneport Centre II - 1675 Wayneport Road/Area Variance Section 135-92 Schedule I - Lot coverage of 25% vs. 20% allowed by Code

A motion was made by John Gravino, seconded by Charles Packard, to grant this variance allowing 25% lot coverage with an 18-month abandonment clause. Members agreed this is a commercial area and the project had been approved with a 28,500 sq. ft. building. The five factors were then reviewed.

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

Z-02-03 - Vienna - 1575 Walworth Road/Area Variance Sections 135-61-B-4 & 135-162-B - Garage taller than allowed by Code and expansion of non-conforming building

A motion was made by John Gravino, seconded by Charles Packard, to grant this variance with height not to exceed 24 ft. at the peak of the roof and an 18-month abandonment clause. Mr. Jeffries had concerns regarding the location of the building (2 ft. from property line) and the use of the additional space for an office. It was suggested to Mr. Vienna that he apply for a Special Use Permit for operation of his business. The five factors were reviewed.

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

A motion was made by Carl Eligh, seconded by John Gravino, to deny the granting of this variance.

Roll Vote: Eligh - yes; Gravino - no; Packard - yes; Jeffries - yes; Therefore, this variance is denied.

MINUTES:

Motion made by Charles Packard, seconded by Carl Eligh, to approve the minutes of the 2-13-03 meeting. All in favor; motion carried.

ADJOURNMENT:

Motion made by Charles Packard, seconded by John Gravino, to adjourn the meeting. Meeting adjourned at 8:25 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board