The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, November 13, 2003, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, Charles Packard and Ron Santovito. Also present were Councilman David Maul and Town Engineer Scott Allen. Absent was member John Gravino.

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".

Z-18-03 – Morrison/Canandaigua & Quaker Roads/Interpretation – Applicant David Morrison explained his request for an interpretation of a decision made by Town Engineer/Code Enforcement Officer Scott Allen. Mr. Morrison had applied for and been denied a salvage/screening/recycling special use permit for a junkyard at this property (Tax ID 62112-00-307310 & 62112-00-239302) at the corner of Canandaigua & Quaker Roads. The applicant felt this use qualified as a pre-existing, nonconforming use and should have been granted the permit. Mr. Allen's denial was due to the use being discontinued for at least one (1) year and no longer considered a pre-existing use (Town Code Section 135-166). Mr. Morrison does not feel he has abandoned the property and had no intent to discontinue this use. He presented the Board with a packet of material to support his position, including photographs, written argument by applicant, copies of receipts and other court decisions.

Town Engineer/CEO Scott Allen stated he has not seen evidence of legal operation at this site and no activity in the last year that would constitute business. He has only seen DEC officers, and the DEC cleanup does not constitute business. He suggested Mr. Morrison submit his tax records for the past year to support his argument.

Gene Jackson, 609 Quaker Road, stated he had not seen any action in the last year. He also cited Mr. Morrison's past record of zoning violations and unpaid taxes.

Jim Beckenbach, 79 Main Street, Macedon (Empire Auto Salvage at 2384 Creek Road) stated he had been in Macedon for 15 years and felt the property in question has been an eyesore all that time. He opposes Mr. Morrison obtaining a special use permit due to the past record.

Councilman Maul stated the Town Board felt this non-conforming use has been discontinued for a year and no longer exists.

There was no county or planning board input, and no one else was present to speak regarding this matter. The public hearing was then closed.

Z-20-03 – Lanni/2353 Magog Rd./Area Variance – Section 135-62 Schedule I – Lot width – David & Elaine Lanni were present to explain their application. They are presently building a house on an 8-acre parcel and would like to subdivide the road frontage to create an additional building lot, retaining approximately 60 ft. as access to the remaining 7-acre parcel. The width of the newly created lot would be 100 ft. vs. 150 ft. required by Code. Overall lot size would comply with the 40,000 sq. ft. necessary in AR-40. Parcels will have separate driveways. Mr. Lanni indicated the neighbors on either side (Coomber & Pooler) have no objections. There was no one else present to speak for or against the granting of this variance.

- Wayne County Planning Board – Referral unnecessary

- Planning Board – Negative referral; variance is too large

- SEQR – Not required

Public hearing was then closed.

Z-21-03 – Guarno/3096 Wiedrick Rd./Area Variance – Section 135-62 Schedule I – Lot dimensions & size – Applicant Joseph Guarno presented his plan to subdivide his existing lot into three (3) lots. He would have 40,000 sq. ft. for one (existing house) with the other two being non-conforming for size and front lot line (145 ft. vs. 150 ft. required). This site was originally three approved building lots that were combined into one by a previous owner; however, this subdivision is not along the original lines. Mr. Guarno indicated there are 3-1/2 lots adjoining the rear of his two proposed new lots, and they would not be out of character with the neighborhood. Mr. Jeffries questioned why divide into three lots when dividing into two lots would allow for both lots to meet the Code. Mr. Guarno may transfer the middle lot to his daughter and wants to retain the third lot. He also presented a letter of support signed by neighbors. There was no one else present to speak for or against the granting of this variance.

- Wayne County Planning Board – Referral unnecessary

- Planning Board – Positive referral – Previously approved as 3 lots

- Town Board – Positive referral – Previously approved as 3 lots

- SEQR – Not required

The public hearing was then closed

Z-22-03 – Packard/Kittering Road/Area Variance – Section 135-61-B-5 – Barn in front of house – Applicant Ray Packard explained this proposed 4-lot subdivision where a proposed house would be placed behind an existing barn. He felt the proposed site is the optimum placement. Town Engineer Scott Allen stated the house would be located behind a tree line on the highest point and would not be visible from the road. There was no one else present to speak for or against the granting of this variance. The public hearing was then closed.

- Wayne County Planning Board – Referral unnecessary

- Planning Board – No concerns

- Town Board – No objections

- SEQR – Not required

The public hearing was then closed.

Motion made by Ron Santovito, seconded by Carl Eligh, to grant this variance for existing barn in front of proposed house. Chairman Jeffries indicated precedent had been set for this type of variance. The five factors were reviewed.

Roll Vote: Eligh – yes; Packard – yes; Santovito – yes; Jeffries – yes; Therefore, this variance is granted.

Motion made by Carl Eligh, seconded by Charlie Packard, to grant this variance. Mr. Jeffries asked to have this matter tabled to allow time for further research to determine if this request is allowed by New York State. Motion made by Ron Santovito, seconded by Charlie Packard, to table this piece of business.

Roll Vote: Eligh – yes; Packard – yes; Santovito – yes; Jeffries – yes; Therefore, this business is tabled.

Motion made by Charlie Packard, seconded by Carl Eligh, to grant this variance for 100 foot lot frontage. Carl Eligh felt this lot would be too narrow at the front. Scott Allen explained the lot, if created, is subject to Planning Board approval. A 100 ft. wide lot only allows a 50 ft. width for a house after the 25 ft. side setbacks are considered. The applicant would have to prove to the Planning Board that it was a buildable lot. Dave Maul did not feel this proposed lot would fit in with the character of the surrounding neighborhood. The five factors were reviewed.

Roll Vote: Eligh – no; Packard – no; Santovito – no; Jeffries – no; Therefore, this variance is denied.

Z-18-03 – Morrison/Canandaigua & Quaker Roads/Interpretation

Mr. Jeffries explained the action here is to interpret and support or overrule the Code Enforcement Officer's decision on whether the pre-existing, nonconforming use was discontinued. A motion was made by Carl Eligh, seconded by Charlie Packard, to table this piece of business to allow time for review of materials presented.

Roll Vote: Eligh – yes; Packard – yes; Santovito – yes; Jeffries – yes; Therefore, this business is tabled.

Motion by Carl Eligh, seconded by Charlie Packard, to approve the 10-08-03 minutes. All in favor; minutes approved.

OTHER BUSINESS:

There was a brief discussion regarding the sign ordinance in general and recent variance applications. Scott Allen indicated the Town Board is looking at some zoning changes after January 1^st and this is one of the areas to be reviewed. He suggested the ZBA members could point out difficult areas within the Code to assist in this process.

Motion to adjourn made by Carl Eligh, seconded by Charlie Packard. Meeting adjourned at 9:25 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board