The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, April 13, 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 was Town Engineer Scott Allen. Absent was Councilman David Maul.

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-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 – This was the continuation of the 3/9/05 public hearing. Doug Allen and Attorney Douglas Bass represented Long Acre Farm and the Allen/Lawrence family. Mr. Bass explained this is a third generation farm dating back 75 years with the airstrip established 45 years ago. The Allens have looked for creative ways to make their farm profitable in difficult times. New York State encourages this through agri-tourism, using the natural resources of a farm and inviting the public to enjoy them. Mr. Bass then cited the practical reasons to uphold the Zoning Officer's decision of a grandfathered operation. According to Town Code this is a pre-existing, non-conforming use that may continue. The burden of proving the appeal is on those bringing the appeal. The airfield has been in existence for 45 years with income from flying lessons, outside aircraft and local crop dusters. The changes have been in the type of aircraft and that distinction is without significance because it is still an airfield. Mr. Allen explained they have tried to be good neighbors and have yielded to neighbors' requests on other issues; i.e., discontinuing the use of "bird guns" to keep birds out of their sweet corn. As the result of a Spring, 2004, meeting Mr. Allen felt they had addressed the neighbors' more recent requests, including elimination of power parachutes. Mr. Bass then reviewed the neighbors' previously stated concerns: (1) Sound – The Town Code (Chapter 80) has a noise provision; however, no proof of violation has been presented. (2) Property values – No documentation has been presented. (3) Fuel storage – This is a DEC issue; however, there is no fuel storage other than for agricultural and personal use. (4) Safety of aircraft – This is under FAA regulation, all pilots are certified, and again, no documentation of unsafe conditions was presented. (5) Regulation – Airfield is under FAA regulation and that of several associations. Reports are done every 30 days documenting use. (6) Privacy – A 1989 Supreme Court case was cited. (7) Insurance – Every pilot who takes off has to be a member of US Hang Gliding Association and is insured through that organization. Long Acre Farm also has an umbrella policy. (8) Fire hazards & liability – Not familiar with this reference & no proof was provided. (9) Auto accidents – There were no police reports or documentation. (10) Expansion – One area was changed as a result of concerns expressed at the spring meeting to take aircraft farther away from neighbors. Another area was changed as part of the farm operation to redirect water. Farms do not require permits for this type of work.

A letter from William Hammond was presented indicating his knowledge of the airfield and its use from 1966.

Board members questioned the days of operation (approx. 10 per month); flight patterns (dictated by wind direction) and agri-tourism concept (Mr. Allen to supply brochures for future reference). Mr. Jeffries asked distance from runway to the nearest neighbors' property lines – approximately 1500 ft. to Canandaigua Road, 1500 ft. to Wiedrick Road and 400 ft. to Eddy Road.

Bill Leibenguth, 1544 Paddy Lane – Mr. Leibenguth has been flying in Macedon since 1997 and is an FAA qualified instructor for power parachutes. He has done instruction at Long Acre Farm; however, has moved his flight instruction to other locations. He sees Long Acre Farm as a way of keeping money coming into the area. Use of the airfield brings money to the farm market and ice cream stand. Regarding property values, he gave recent sale prices for homes (3225 Sunset & 1365 Fairway 5) that exceeded appraisal. He cited the Flying Farmers being active there in 1975 and flight training being given by Gordon Camp. At that time there were hangars and tie-downs for planes.

Todd Liebert, 1620 Eddy Road – Mr. Liebert lives at the corner of Eddy & Wiedrick Roads, approximately 1500 ft. from the runway. He does not have a problem with this airfield. The Allens are hard-working people and their endeavor brings variety to the community.

Jim Beckenbach, 79 Main Street – Mr. Beckenbach has been a resident for 50 years and cited a similar protest by neighbors when the Rochester Airport was expanded. Ruling was in favor of the airport. Airport was in existence when neighbors moved in.

Ken Nawrocki, 3130 Hance Road – Mr. Nawrocki has been a resident since 1978 and stated there had been flight instruction and agricultural use at the airfield since that time. He supports development and growth of business in the town and Long Acre Farm does both.

Dick Anuszkiewicz, 440 Basket Road, Webster – He would like to move to Macedon in the Wiedrick Road/31F area and would not be deterred from buying property due to the airfield. Alternative for this property could be 300-400 houses.

Keith Donahue, 3174 Valley Drive – Mr. Donahue respects the difficulty of farming. When he moved into his home, he knew the airstrip was there; however, the frequency and duration of use has increased. He would like to see some compromise.

There was no one else present to speak for or against this application.

- Town Board – Councilman Maul submitted the following comments:

"The specific use and intensity is different now than in the days

preceding our zoning. The term "grandfathering" applies to a allowing

a non-conforming use which pre-dates the zoning regulations. The

term is not applicable here unless you define "use" in its most general

sense, that of an airstrip. While I support the right of this business to

continue operation, I believe that a special use permit is called for. I

hasten to remind you that the Town Board is not unanimously in agree-

ment on the need for a permit."

- Planning Board – No planning issues involved; no opinion offered

Z-05-05 – Packard – 438 Route 31F – Area Variance – 135 Schedule I – Side setback – John Connors, P. O. Box 231, Pittsford, NY, was present on behalf of the applicant. This is a subdivision between relatives (father to son) of a farm containing two residences. Lot #1 is 41,035 sq. ft. with Lot #2 being the balance of the property (100+ acres). Setback is for an existing barn on Lot #2. There was no one else present to speak for or against the granting of this variance.

- Wayne County Planning Board – No intermunicipal or countywide impact

- Planning Board – No concerns

- Town Board – Councilman Maul submitted the following comment – "No

objections"

- SEQR – Not required by Town

Public hearing was then closed.

Z-06-05 – Sharp – 2828 County Line Road – Area Variance – Section 135-61-B-3 – Accessory structure larger than residence – Doug Sharp was present to explain his application. He would like to build a pole barn (60' x 40') for storage of antique automobiles, lawn equipment and personal items. No commercial use will be made of this barn. Access will be through existing driveway. There was no one else present to speak for or against the granting of this variance.

- Wayne County Planning Board – No intermunicipal or countywide impact

- Planning Board – No concerns

- Town Board – Councilman Maul submitted the following comment – "No

objections"

- SEQR – Not required by Town

Public hearing was then closed.

Z-04-05 – Morrison – Various locations – Interpretation – Special Use Permits – David Morrison was present to explain his application. Mr. Morrison felt the Code Officer was not adhering to the correct interpretation of Section 135-187 Salvage, Recycling, Screening, etc., and questioned the validity of various Special Use Permits issued. Mr. Morrison submitted additional documents supporting his position.

Scott Allen, Code Enforcement Officer/Town Engineer, explained that under Section 135-10-L of the Town Code, Special Use Permits are approved by the Town Board, and the Code Officer issues the permits at the Board's direction. This is not a discretionary decision on the part of the Code Officer. Mr. Morrison's action should be Article 78 regarding the Town Board's decision(s). There was no one else present to speak for or against this application.

- Wayne County Planning Board – Referral not required

- Planning Board – No planning issued involved; no opinion offered

- Town Board – Councilman Maul submitted the following comments –

"The application does not clearly indicate the grounds for Mr.

Morrison's allegation that the businesses in question do not meet

zoning requirements and are therefore not entitled to the Special

Use Permits they have been granted. All the attachments are

merely copies of their valid permits and the town board resolutions

granting them. It seems like this may be a resubmission of a

similar request for interpretation to the one made by Mr. Morrison

in April 2002, and disposed of at that time. In the face of no new

information, the Town Board continues to have no doubt as to the

legality of the granting of these permits."

Public hearing was then closed.

Z-03-05 – Wal-Mart Real Estate Business Trust – Route 31 – Area Variances – Sections 135-172-J, 172-K, 135 Schedule I – Setbacks for gas station & supercenter – On behalf of the applicant, Neal Madden of Harter, Secrest & Emery explained these variances are actually less than originally requested. Resolution submitted has been corrected to reflect the change. He also noted the Planning Board has adopted a negative declaration on SEQR. Motion made by John Gravino, seconded by Ron Santovito, to grant the variances as outlined in resolution attached. The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes. Therefore, these variances are granted.

Z-05-05 – Packard – 438 Route 31F – Area Variance – 135 Schedule I – Side setback – Motion made by Carl Eligh, seconded by John Gravino, to grant this variance. The five factors were reviewed.

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

Z-06-05 – Sharp – 2828 County Line Road – Area Variance – Section 135-61-B-3 – Accessory structure larger than residence – Motion made by John Gravino, seconded by Ron Santovito, to grant this variance for a 60 ft. x 40 ft. pole barn with an 18-month abandonment clause. The five factors were reviewed.

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

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 – Motion made by John Gravino, seconded by Carl Eligh, to deny this appeal. Chairman Jeffries asked to have the input from the Town Board and Planning Board entered into the Public Hearing minutes. Mr. Gravino and Mr. Eligh felt the noise issue was not germaine to this Board. Mr. Jeffries stated evidence showed the airstrip had been in existence since at least 1975, which predates the zoning code. He felt Section 135-174 Private Airstrips allows for a commercial venture from a private airstrip. He also felt the application from Mr. Mitrano was unclear and the burden of proof is upon the applicant. Chairman Jeffries then asked each member if they had visited the site. Responses: Eligh – yes; Gravino – yes; Packard – no, but has knowledge of site; Santovito – yes; Jeffries – yes. The five factors were reviewed.

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

Z-04-05 – Morrison – Various locations – Interpretation – Special Use Permits – Motion made by John Gravino, seconded by Carl Eligh, to deny this appeal. Mr. Jeffries explained that the Town Board approves Special Use permits, and the ZBA has no jurisdiction. Mr. Morrison's issue is with the Town Board, not an interpretation issue. The five factors were reviewed.

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

Motion to approve the 3-9-05 minutes made by John Gravino, seconded by Carl Eligh. All in favor; minutes approved.

Motion to adjourn made by Carl Eligh, seconded by John Gravino. All in favor; meeting adjourned at 9:47 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board