The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, March 9, 2005, 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 7:31 p.m. He then explained the purpose for which this Board serves and read the Legal Notice as it appeared in the Times.

Z-03-05 – Wal-Mart Supercenter – Route 31 – Area Variance – Sections 135-172-J, 135-172-K, 135 Schedule I – Setbacks for gas station & supercenter – Present on behalf of the applicant were Steve Cleason, APD Engineering, and Neal Madden, Harter, Secrest & Emery. Mr. Madden reviewed the Wal-Mart application and variances requested. He noted the Town and County Planning Boards had given positive recommendations. Mr. Cleason then explained the site plan changes made since the ZBA application was completed and how these changes have affected the variances requested.

Supercenter – Setback from town-dedicated roadway – A high-voltage electric power line pole and site grading restrict the location of the town-dedicated roadway. Agreement has been reached with the adjoining property owner to have additional property included in the roadway dedication. Setback distance has been increased to 46 ft. at the building's closest point to the right-of-way (northwest corner). Mr. Madden requested clarification of rear vs. front setback for the building in relation to the town-dedicated road.

Gas Station – Driveway less than 20 ft. from property line – Mr. Cleason explained a "drive road" along the north property line was added at the Planning Board's request. This provides a connection for future development to the east. The location of the drive road results in a "0" setback. Setback for gas station from residential property – The gas station will be on a separate parcel, which is constrained by wetlands. Building placement has been moved back from that shown on the original submission. The setback is now 172 ft. making variance requested 28 ft. This placement and a berm will provide more distance and buffering for the neighbors along the south side of Route 31.

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

- Wayne County Planning Board – Recommended approval

- Planning Board – Positive referral for gas station front & driveway setbacks;

Supercenter setback variance should be reduced as much as possible

- Town Board – Recommended approval of all items

- SEQR – Planning Board has been declared lead agency

Public hearing was then closed.

Z-01-05 – Mitrano – 2778 Canandaigua Road (Finger Lakes Aerosport Park – Eddy Road) – Appeal of Zoning Officer decision – Sections 135-174-A-2, A-3, A-4, A-5, A-6, A-7, A-8, B, C – Pre-existing use – Mr. Mitrano explained he was the official applicant on behalf of a group of concerned residents.

Keith Donohue, 3174 Valley Drive – Mr. Donohue was selected to speak on behalf of the group. These residents are concerned about the activity of Finger Lakes Aerosport Park operating from the Allen/Lawrence property on Eddy Road. In February, 2004, residents met with the owners/operators of the flight park regarding their concerns. In October, 2004, they appeared before the Town Board to ask for relief, and in December, 2004, they were advised by the Town Board the Zoning Officer considered the activity was grandfathered as a pre-existing airstrip and could continue. It is the group's understanding that grandfathered means this is an airstrip that existed prior to the current zoning and is not required to conform to those requirements. They are not concerned with activity such as crop dusters or an occasional plane flying in or out or the owner flying for personal enjoyment. They do have concerns with the nature and extent of the activity developed through Finger Lakes Aerosport Park. They feel this is a commercial venture operated from a private airstrip that was never originally intended nor formally approved for such use. Residents have concerns regarding noise, privacy and safety as the result of an unregulated and unchecked operation. He cited the Town of Gorham having rejected a similar operation. As a result of the December, 2004, Board Meeting, the residents are applying to the Zoning Board of Appeals for relief.

Mr. Donohue then stated his personal concerns regarding the noise generated by the tow plane. He does not feel a flight park is part of a farming operation, and a Special Use Permit, at a minimum, should be required for this activity. Such a permit could provide the Town with the authority & responsibility to restrict the activity to a level where the residents were able to enjoy their property and the enthusiasts were able to enjoy their sport while maintaining the character of the area. He would be willing to serve on a committee to find a solution/compromise for this situation. Mr. Jeffries asked for clarification of the activity going on at the airpark. Mr. Donohue stated he believes this is a private airstrip that is being leased to Finger Lakes Aerosport Park and used to tow hang gliders to altitude for flight. The tow craft, or dragonfly, circles the area until reaching the appropriate altitude; the hang glider disconnects & flies off; the tow craft returns to pick up another glider, repeating the process. This continues until all waiting gliders have been towed up. The hang gliders hover in the area as opposed to other aircraft that would take off, leave the area, returning later to land. He reported seeing pictures of 70 or so hang gliders on the ground waiting to be towed. Additionally, an annual fly-in generates more activity. Power parachutes have been discontinued, helping to reduce the noise.

Steve Bumpus, 3015 Canandaigua Road – Mr. Bumpus cited minutes from the Town of Gorham Planning Board meetings regarding a similar operation. He is concerned about quality of life issues such as noise, property values, fuel storage on the premises and safety. A copy of the Town of Gorham Planning Board minutes for 9/27/04 and 10/25/04 was provided to the clerk for distribution to the members.

Chuck Mitrano, 2778 Canandaigua Road – Mr. Mitrano's property adjoins the Allen property near the airfield. He stated he cannot carry on a telephone converation or hear the television due to the noise generated by the tow planes. As a grandfathered operation he asked if it was exempt from all rules & regulations; i.e., how much can this air club expand? Is there a limit to number of aircraft in the area at one time? He cited 10 hang gliders and 2 ultra-light planes over his home at one time. What protection does he have from these aircraft invading his privacy? Is air club insured against possible crashes/damage?

Bruce Jesse, 2775 Canandaigua Road – He understands Long Acre Farm's right to have a business; however, he feels it has gone outside the parameters of a farmer enjoying his private aircraft and become a commercial enterprise. Noise is constant from early morning until dark. He would like to see one weekday and one weekend day when the residents can enjoy their property without the noise. The annual fly-in involved 40 tents and over 100 aircraft during a week-long event. He is concerned about the fire hazards & liability.

Don Dohse, Jr., 2897 Canandaigua Road – Mr. Dohse lives on the hill where the hang gliders take advantage of the rising thermals. He feels a loss of privacy with the gliders over his home, coming as close as 500 ft. Noise from the tow planes is an issue, as well as safety from auto traffic generated by the fly-in and sightseers.

Kevin Kitchen, 2913 Canandaigua Road – He is concerned about noise & safety. His daughter was thrown when her horse was spooked by a low-flying hang glider. He also noted the airstrip had been expanded in recent years, which would be against Code.

James Liposchak, 3065 Wiedrick Road – He cannot enjoy his deck due to the noise, and also represents three other families on Wiedrick Road who feel the same.

Mark Agor, 1398 Sunrise Drive – Mr. Agor agreed with the previous comments about noise. He also cited AR-40 zoning regarding personal, non-commercial use of an airstrip.

Gail Ellsworth, 3025 Canandaigua Road – Her residence is directly across the street from the airfield. She is very concerned about what appears to be a commercial recreational use, which would require a Special Use Permit.

Jean Gumina, 2764 Canandaigua Road – Ms. Gumina presented a booklet documenting use, frequency, etc. Clerk will make copies for Board members. She stated approximately two years ago property owner Doug Allen approached the neighbors and told them he was starting this venture. At the time it was just a few power parachutes, but during 2004 (Labor Day weekend in particular), this activity went on every day, morning to evening, flying directly over her home. To date, direct contact with the Allens has not resolved the issues.

Don Dohse, III, 3001 Canandaigua Road – Mr. Dohse has photos and videos of aircraft going over his house. People parking along the road have generated traffic incidents. He has safety, privacy & noise concerns.

Steve Bumpus, 3015 Canandaigua Road – He noted there had been a fatality near Gorham, and the Allen's airfield had a crash a few years ago.

Keith Donohue, 3174 Valley Drive – In his closing remarks, Mr. Donohue stated he did not feel the ZBA application suited their purpose. They are not seeking a variance, but control over activity that is taking place. He reiterated his willingness to participate in a committee to work out a compromise beneficial to all parties involved.

Chairman Jeffries asked if a Special Use permit had ever been issued for this operation and how long the private airstrip has been in existence. Town Engineer Scott Allen responded no Special Use permit had been issued and was guessing the airstrip had been there 40-50 years.

Bill Leibenguth, 1544 Paddy Lane – Mr. Leibenguth stated he had taken lessons from a flight school operated there in the mid-1970's.

Mr. Jeffries asked if there was a certificate of non-compliance on file for this operation. Scott Allen did not know and would check.

Martin Beckenbach, 3197 Fairway 5 – He is an airpark service provider/tow plane operator and had documentation to present on behalf of Finger Lakes Airpark.

At this point, Chairman Jeffries stated the Public Hearing would be adjourned until next month. Doug Allen had submitted a letter citing a family commitment prevented his attendance at this meeting and stating his desire to appear before the Board.

- Town Board – Councilman Maul felt the application form was appropriate for

A question was raised regarding transfer of grandfathered use if ownership changes. Mr. Jeffries will research.

Sean Barry, 1404 Sunrise Drive – Mr. Barry felt a grandfathered use is not carte blanche use. New parameters are needed due to changes that have taken place.

Mr. Jeffries then adjourned the Public Hearing until April 13^th at 7:30 p.m.

Z-02-05 – Frey – 710 Quaker Road – Area Variance – Section 135 Schedule I – Side & rear setbacks – Floyd Frey was present to explain his application. He would like to construct a 3-sided storage building on a separate parcel adjoining his business. Zoning is ORM requiring 75 ft. setbacks. Building would replace existing shed. Carl Eligh spoke with neighbor to the east (Kubishin), who has no objections. Maximum size of building would be 30' x 48'. There was no one else present to speak for or against the granting of this variance.

- Town Board – No objections

- Planning Board – Positive referral provided parcels are combined and buffering is

- Wayne County Planning Board – Submission not required

- SEQR – Not required

Public hearing was then closed.

Z-03-05 – Wal-Mart Supercenter – Route 31 – Area Variance – Sections 135-172J, 135-172-K, 135 Schedule I – Setbacks for gas station & supercenter – Mr. Cleason explained they are not looking for approval until the SEQR process has been completed. Regarding the interpretation (Item 3 on application) Mr. Jeffries stated the supercenter parcel would be considered a "through lot" with frontage on two streets. Motion made by John Gravino, seconded by Carl Eligh, to table the discussion until the April 13^th meeting. All in favor; motion carried.

Z-02-05 – Frey – 710 Quaker Road – Area Variance – Section 135 Schedule I – Side & rear setbacks – Motion made by John Gravino, seconded by Carl Eligh, to grant this variance providing the two parcels are combined, building not to exceed 48 ft. length, 10 ft. minimum setback from side & rear lot lines, and submission of more accurate building plan/property map. 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 Carl Eligh, seconded by John Gravino, to approve the 1-12-05 minutes. All in favor; minutes approved.

Motion to adjourn made by Ron Santovito, seconded by Carl Eligh. Meeting adjourned at 9:40 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board