The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, December 10, 2003, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard and Ron Santovito. Also present were Councilman David Maul and Town Engineer Scott Allen.

Mr. Jeffries called the meeting to order at 7:33 p.m. and explained the purpose for which this Board serves. He then read the Legal Notice as it appeared in the "Times".

Z-23-03 – Prestige Millwork/384 East Avenue/Area Variance – Section 135-92 Schedule I – Front setback – Jason Monroe of Lu Engineering was present on behalf of the applicant. This is a recently constructed building on 2.2 acres. When the final instrument survey was done, it was discovered the building encroached on the front setback by 1.7 ft. (73.3 ft. vs. 75 ft. required) due to human error. Mr. Monroe then stated (1) No undesirable change would occur in the neighborhood due to this variance; (2) Variance is preferred way to address this matter and removing portion of building that encroaches setback would be costly; (3) Variance is not substantial and only detected through the survey; (4) No adverse environmental impact; (5) Difficulty was self-created by human error. There was no one else present to speak for or against the granting of this variance.

- Town Board – No objections

- Planning Board – No concerns; positive referral

- Wayne County Planning Board – Referral unnecessary

- SEQR – Not required

The public hearing was then closed.

Z-24-03 – Coomber/Magog Road/Area Variance – Sections 135-61-A, B-3, B-4 – Barn/garage larger & taller than allowed by Code – Applicant Thomas Coomber was present to explain his request to the Board. He will be building a new home on Magog Road and would like the additional barn/garage to house his street rods, tractor, RV and other personal items. He would also like to install a lift to allow work on his street rods. Proposed house will be 1,500 sq. ft. and barn will be 1,800 sq. ft. (3 bay garage) and a maximum of 22 ft. tall, depending on roof pitch. A brochure was presented showing the architectural style. No commercial activity will be carried out from this building. Ron Santovito asked if barn would be higher than neighbor's house, and Mr. Coomber stated it would not. There was no one else present to speak for or against the granting of this variance.

- Town Board – No objections

- Planning Board – No concerns; positive referral

- Wayne County Planning Board – Has been referred; no response to date

- SEQR – Not required

Public hearing was then closed.

Z-25-03 - Wyman/3096 Kittering Road/Area Variance – Section 135-64-G-4 – Lot size for two-family residential conversion – Applicant Kim Wyman was present to explain her request. This is currently a single-family ranch style residence with a walkout basement. She would like to convert this to a two-family residence with a one bedroom apartment in the basement. The lot size is approximately 42,000 sq. ft. but 44,000 sq. ft. is Code requirement for this conversion. She currently owns adjoining properties on three sides of this parcel. The two rental units will be 1,440 sq. ft. (upstairs) and 1,080 sq. ft. (downstairs). Ron Santovito questioned other requirements for the conversion; i.e., fire hydrants and size of water service. Scott Allen explained if the variance is granted the applicant will have to go before the Planning Board regarding other criteria for the conversion. There was no one else to speak in favor of this variance.

David Gottler, 3080 Kittering Road, then spoke in opposition. His property adjoins this parcel on the one side not owned by Ms. Wyman. He would not like to see additional rental units on the property. House was built as a single family and should remain so.

Joseph Lund, 3093 Kittering Road, also spoke in opposition. His property is across the road from Ms. Wyman and felt this could have an adverse effect on the neighborhood and his property value.

There was no one else present to speak against the granting of this variance.

- Town Board – Mr. Maul acknowledged the neighbors' concerns; however,

conversion could be done without a variance by amending the property

lines. If a variance is granted, he suggested it be contingent upon

Planning Board approval.

- Planning Board – No concerns; positive referral

- Wayne County Planning Board – Referral unnecessary

- SEQR – Not required

The public hearing was then closed.

Motion made by John Gravino, seconded by Carl Eligh, to grant this variance. The five factors were then reviewed.

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

Motion made by Carl Eligh, seconded by John Gravino, to approve one accessory building not to exceed 30 ft. x 60 ft. and 22 ft. height with an 18-month abandonment clause. The five factors were then reviewed.

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

Motion for discussion purposes made by John Gravino, seconded by Charles Packard, to approve this variance. Since Ms. Wyman owns the adjoining properties on three sides, Mr. Gravino pointed out an adjustment in property boundaries would bring the parcel into compliance without a variance, and he then amended his motion. Motion made by John Gravino, seconded by Charles Packard, to deny this variance. The five factors were reviewed.

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

Motion made by Carl Eligh, seconded by Ron Santovito, to reopen this matter. All in favor; motion carried. Motion made by Carl Eligh, seconded by Ron Santovito, to approve this variance for resubdivision into three (3) building lots as submitted. Mr. Jeffries explained this matter had been tabled to check for input from New York State. To date, no response has been received. Dennis Kunzer, 1437 Plank Road, Webster, the previous owner of the property, explained the history of this parcel. Originally three building lots were combined into one with the idea of a later resubdivision to provide each of his daughters (now Mr. Guarno's stepdaughters) with a building lot. That is the goal of this request. Carl Eligh then amended his motion, seconded by Ron Santovito, to make the granting of this request contingent upon Planning Board approval. The five factors were reviewed.

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

Motion made by Ron Santovito, seconded by Carl Eligh, to reopen this matter. All in favor; motion carried.

Applicant David Morrison was present. He cited information from his 9/19/00 Court Case, Stipulation Index 38654/44145 regarding business at the subject location. Charlie Packard indicated he had done business there in the past year, and cannot accept that it is close. Carl Eligh asked for sales receipts from Mr. Morrison, who replied he had none but did business in cash or trade.

Motion made by Ron Santovito, seconded by Carl Eligh, to support the decision of the Code Enforcement Officer dated July 17, 2003.

Mr. Jeffries felt receipts previously presented support Mr. Morrison was in business; however, receipts could be the result of selling off & removing items to clean up the property indicating an abandonment of use. According to Mr. Morrison, his Special Use Permit was first denied many years ago (during term of George Barnes). Mr. Gravino felt the applicant could have brought his property into compliance at that time and chose not to. Mr. Eligh objected to the materials presented by Mr. Morrison wherein case law examples had been altered. Mr. Jeffries questioned abandonment of the property and felt that was not Mr. Morrison's intent. However, he noted during the public hearing a neighbor had stated no activity had been observed on the property for the past year.

Roll Vote: Eligh – yes; Gravino – yes; Packard – no; Santovito – yes; Jeffries – no; Therefore, this Board supports the decision of the Code Enforcement Officer.

Motion made by Carl Eligh, seconded by Warren Jeffries, to approve the 11/12/03 minutes. All in favor; motion carried.

Motion to adjourn made by Ron Santovito, seconded by Carl Eligh. Meeting adjourned at 9:38 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board