ZONING BOARD OF APPEALS
December 8, 2004
The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, December 8, 2004, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard and Ronald Santovito. Absent were Councilman David Maul and Town Engineer Scott Allen.
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.
PUBLIC HEARING:
Z-15-04 – Cranch – 2837 Kittering Road – Area Variance – Section 135-60-A – Pole barn as principal structure – Jonathan & Nancy Cranch were present to explain their application. They would like to construct a pole barn on approx. 23 acres for storage of their camper, boat, ATV's and other personal items. Building would be located at least 800 ft. from the road. They currently live in Perinton and wish to keep their children in the Fairport School District; therefore, they would not be building a residence in Macedon for at least 5-10 years. Mrs. Cranch stated the size of the barn would be less than 16 ft. in height and less than 2,000 sq. ft. in area; personal use only – no commercial use. Structure could be located out of neighbors' view. Mr. Jeffries explained that, according to the Town Code, unless the property is a farm the principal structure must be a residence.
Robert Graham, 524 Watson Road, Fairport, spoke on behalf of the applicants. He is currently building a residence on an adjoining parcel. He supports the Cranches and asked whether the variance, if granted, could be linked to the applicants. He would be concerned if someone else was making the request, but has confidence in the Cranches. Mr. Jeffries explained that variances are granted for the property not the owners.
Letters of support were presented from Paul & Leah D'Aries, the owners of 2849 Kittering Road, and Robert Graham, 524 Watson Road, the owner of 2843 Kittering Road. There was no one else present to speak for or against the granting of this variance.
- Wayne County Planning Board – Return to Town to be handled as local
matter provided hardship cases required to grant an area variance are met
at the local level.
- Planning Board – Negative referral due to precedent that would be set.
- Town Board – Negative referral due to precedent that would be set.
- SEQR – Not required
BOARD DISCUSSION:
Z-15-04 – Cranch – 2837 Kittering Road – Area Variance – Section 135-60-A – Pole barn as principal structure – Motion made by Carl Eligh, seconded by John Gravino, to deny granting this variance. Messrs. Gravino and Eligh felt this precedent should not be set. The five factors were then reviewed.
Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is denied.
MINUTES:
Motion made by Carl Eligh, seconded by John Gravino, to approve the 10-13-04 minutes. All in favor; minutes approved.
ADJOURNMENT:
Motion to adjourn made by John Gravino, seconded by Carl Eligh. Meeting adjourned at 8:10 p.m.
Respectfully submitted,
Susan Bush
Clerk to the Board