THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, APRIL 9, 2003, AT THE TOWN COMPLEX, 32 MAIN STREET, MACEDON, NY. PRESENT WERE CHAIRMAN WARREN JEFFRIES, MEMBERS CARL ELIGH, JOHN GRAVINO AND CHARLES PACKARD. ABSENT WERE MEMBER HELEN SAVERSKY, TOWN ENGINEER SCOTT ALLEN AND COUNCILMAN DAVID MAUL.

Mr. Jeffries called the meeting to order at 7:41 p.m. He then explained the purpose for which this Board serves and read the Legal Notice as it appeared in the "Times".

Kevin & Tammy Piccola were present to address the Board regarding their application. They would like to have horses (4 maximum) for personal use on their property which is 4.09 acres. In addition they would be building a barn to accommodate these animals. This structure would be 20 ft. from the side property line, which is within the 100 ft. setback required by the Code. Additionally, the height of the barn (18 ft. max.) is higher than allowed by Code (16 ft.). Mr. Piccola explained the barn would not be taller than their two-story house. Their horses are currently boarded at another location, and granting of these variances would allow them to have their animals on their own property. The barn site was chosen for easier access to the present driveway. The neighbors on that side, Scott & Colleen Dix, agree with that placement. A swimming pool at the back of the house would make placing the barn in the center of the property more difficult. The width of the entire property at the barn's location is approximately 200 ft. The roof pitch of the barn has been designed to make it more compatible with that of the house, but also necessitates the variance for a height beyond 16 ft. There was no one else present to speak for or against the granting of these variances. Letters of support were presented from: Jana & Bill Toomey, 1625 Walworth Road; Kenneth & Sue Pulcini, 1651 Walworth Road; Keith VanHout, 1615 Walworth Road; Scott & Colleen Dix, 1638 Walworth Road; Bob & Debbie Rago, 1641 Walworth Road.

• Town Board had no input.
• Wayne County Planning Board - Recommended denial due to the size of the

• Town Planning Board recommended centering barn on the parcel to reduce

The public hearing was then closed.

Section 135-61-D-1 - Horses on less than 5 acres - A motion was made by John Gravino, seconded by Charles Packard, to approve this variance. Discussion covered a previous commercial horse boarding operation that was denied for insufficient acreage. It was noted the Piccola's usable acreage would be reduced from 4.09 acres by extracting the area of the house and yard (approximately 1 acre). Manure would be disposed of by spreading on the pastures & possibly adjoining land. The five factors were then reviewed.

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

Motion 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.

The applicants then asked if there was a way they could mitigate the difficult areas; i.e., leasing additional land to satisfy the five acre requirement.

Section 135-61-D-2 - Horse barn within 100 ft. setback - A motion was made by John Gravino, seconded by Charles Packard, to deny this variance. The five factors were then reviewed.

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

Section 135-61-D-4 - Barn taller than 16 ft. - A motion was made by John Gravino, seconded by Carl Eligh, to approve this variance with the barn not to exceed 18 ft. and with an 18-month abandonment clause. The five factors were then reviewed.

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

Motion to approve the March 12^th minutes made by Carl Eligh, seconded by Charles Packard. All in favor; motion carried.

Motion to adjourn made by Carl Eligh, seconded by John Gravino. Meeting adjourned at 8:29 p.m.

Respectfully submitted,

Susan Bush

Clerk for the Board