The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday,

June 9, 2004, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, John Gravino, Charles Packard and Ron Santovito. Also present was Town Engineer Scott Allen. Absent was Councilman David Maul.

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

Due to power outage, no recording could be made of the public hearings.

Z-05-04 – Huddleston – 1072 Alderman Road – Area Variance – Section 135-61-B-5 – Accessory structure in side yard – Robert & Renee Huddleston were present to explain their application. They would like to place a storage shed at the side of their attached garage. Shed will be used to store their tractor, snow removal equipment and personal items. Their house is located approximately 250 ft. from the road. Pine trees have been planted to screen the shed from the road. Shed will not be used for any commercial purpose. There was no one else present to speak for or against the granting of this variance.

Planning Board – No input

Town Board – No strong objections; questioned moving the shed to the back

of the property

Wayne County Planning Board – Referral not required

SEQR – Not required

The public hearing was then closed.

Z-06-04 – Bittner – 1294 Marvin Drive – Area Variance – Section 135 Schedule I – Front setback & Section 135-162-B – Expansion of non-conforming building – David & Ellen Bittner were present to explain their application. They would like to replace their present front porch with a larger one extending 5 ft. closer to the road. Current setback of 46 ft. from porch to road makes this a non-conforming building. New setback of 41 ft. would increase the degree of non-conformity. Mr. Bittner explained the existing porch has deteriorated, necessitating replacement, and they would like the additional space to provide an entryway into their home for storage of coats, boots, etc. Overall dimensions of new porch will be 13' x 15'9" as opposed to 8' x 15'9" at present. It was noted this was a conforming building lot at the time the home was build, but changes in zoning codes have now made this non-conforming. Letters of support for the project were presented from: John & Barbara Vasallo, 1280 Marvin Drive; David & Fay Privatera, 1324 Mary Drive; Glenn & Shirley Roat, 1297 Wilson Road; Sharon Nye Hurlbutt, 1327 Mary Drive; Paul Yerrick, 1289 Marvin Drive. There was no one else present to speak for or against the granting of these variances.

Planning Board – Positive recommendation

Town Board – No objections

Wayne County Planning Board – Referral not required

SEQR – Not required

The public hearing was then closed.

Board Member John Gravino entered the meeting at 7:52 p.m.

Z-07-04 – Miller – 1234 Victor Road – Area Variance – Section 135-61-B-3 – Accessory structure taller & larger than house & Section 135-61-B-4 – Accessory structure taller than 16 ft. – Douglas Miller was present to explain this application. He would like to build a barn for storage of personal vehicles, tractor, lawn mowers, snow plow, etc. He will be installing a separate driveway to reach this structure. Structure will be located in the rear yard and beyond the required setbacks. Mr. Miller previously received a setback variance for a garage to be placed in a different location on his property. Mr. Jeffries explained that variance was considered expired as a building permit had not been issued within six (6) months of being granted. Discussion followed on use of new barn as a garage. Mr. Miller amended his application to include Section 135-61-A for exceeding the 800 sq. ft. of garage space allowed by Code. Barn/garage will not be used to house animals. Town Highway Supervisor will need to be contacted regarding new driveway entrance onto the road.

There was no one else present to speak for or against the granting of these variances.

Planning Board – No input

Town Board – Questioned placement & driveway approval

Wayne County Planning Board – Referral not required

SEQR – Not required

The public hearing was then closed.

Z-05-04 – Huddleston – 1072 Alderman Road – Area Variance – Section 135-61-B-5 – Accessory structure in side yard – Motion made by Ron Santovito, seconded by Carl Eligh, to grant this variance. Mr. Jeffries noted the extenuating circumstances on this property where the front setback to a building is 200-250 ft. The five factors were reviewed.

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

Z-06-04 – Bittner – 1294 Marvin Drive – Area Variance – Section 135 Schedule I – Front setback & Section 135-162-B – Expansion of non-conforming building – Motion made by Carl Eligh, seconded by John Gravino, to grant these variances for a porch not to exceed 13 ft. x 16 ft. with an 18-month abandonment clause. Mr. Jeffries noted that this type of variance has been granted in the past, and this is a non-conforming building due to zoning changes. The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes.

Therefore these variances are granted.

Z-07-04 – Miller – 1234 Victor Road – Area Variance – Section 135-61-B-3 – Accessory building taller & larger than house; Section 135-61-B-4 – Accessory structure taller than 16 ft.; Section 135-61-A – Garage space greater than allowed by Code – Motion made by John Gravino, seconded by Ron Santovito, to grant these variances with an 18-month abandonment clause. The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes.

Therefore these variances are granted.

Motion made by John Gravino, seconded by Carl Eligh, to approve the 5-12-04 minutes. All in favor; minutes approved.

Motion to adjourn made by John Gravino, seconded by Carl Eligh. Meeting adjourned at 8:25 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board