The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, September 21, 2005, 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 7:32 p.m. He then explained the purpose for which this board serves and read the Legal Notice as it appeared in the Times.

Z-14-05 - Baxter - 969 Turner Road - Area Variance - Section 135 Attachment 1 - Front setback - Albert & Jennifer Baxter were present to explain their application. They are proposing a 20' x 24' garage addition with a single 16-ft. door. They currently have a 1-1/2 car garage, which is not sufficient for their needs. The new garage would be built in front of the present garage, with the present garage converted to living space. Board members asked about other options. Applicants stated that adding garage space onto the side of their house would also require a variance, additional site work and the loss of some large trees. Adding onto the rear of the house would not be an option due to location of septic system. Grade change (4 ft.) from garage to first floor of the house and distances to adjoining houses (150+ yds. to south & 60+ ft. to north) were also discussed. A letter of support was received from Karen Kesby, 966 Turner Road, and Geri Dennis, 975 Turner Road.

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

• Town Board - Councilman Maul submitted, "The Town Board has no

• Planning Board - "Board consensus was a driveway turn-around area

• Wayne County Planning Board - Referral not required
• SEQR - Not required

Mr. Baxter stated they had considered a paved driveway with turn-around in the future.

Z-14-05 - Baxter - 969 Turner Road - Area Variance - Section 135 Attachment 1 - Front setback - Motion made by John Gravino, seconded by Ron Santovito, to grant this variance with an 18-month abandonment clause and the driveway turnaround to be installed at the time of construction. Board members felt this addition would be better on the side of the house. It was also noted that another applicant on Turner Road was denied for a front setback variance. The five factors were reviewed.

Roll Vote: Eligh - no; Gravino - no; Packard - no; Santovito - yes; Jeffries - yes. Therefore, this variance is denied.

At the applicant's request, Mr. Jeffries explained an appeal of the decision could be done through an Article 78 proceeding.

Z-12-05 - Cole - 1809 Wayneport Road - Use Variance - Section 135-89 - Commercial/residential use in ORM zoning - Motion made by John Gravino, seconded by Charles Packard, to open the previously tabled discussion. All in favor; motion carried. The original motion before the Board was to grant this use variance. Motion amended by John Gravino, seconded by Charles Packard, to grant this use variance with the following conditions: (1) Front of building be blocked so no parking is allowed; (2) Parking lot will be well defined; (3) Downstairs cannot be used for living space. Applicants Brad Cole and Kim LeFrois and their attorney, Tim Alexison, were present. Mr. Santovito questioned the use of the parking lot owned by the NYS Thruway (Canal Authority). Applicant stated they would need to continue leasing that space if parking is not allowed in front of the building. Mr. Eligh had concerns with parking in general, parking on the south side of the building, and the old septic system. Mr. Alexison stated the septic system had been addressed in their business plan. Chairman Jeffries explained Use Variances are difficult to obtain and reviewed the four-part test: (1) Under current zoning regulations, the applicant is deprived of all economic use or benefit from the property; (2) Hardship is unique and not shared by a substantial portion of the district or neighborhood; (3) Variance will not alter the essential character of the neighborhood; (4) Alleged hardship has not been self-created.

Mr. Jeffries did not feel the applicant had shown that all uses under the current zoning had been explored. Mr. Gravino asked how else the property could be used. Messrs. Eligh, Gravino and Santovito felt this hardship was unique and not shared by a substantial portion of the neighborhood. Members felt this would not alter the character of the neighborhood. Mr. Jeffries felt this was a self-created hardship because the applicant did not have to purchase the property.

Roll Vote: Eligh - yes; Gravino - yes; Packard - yes; Santovito - yes; Jeffries - no. Therefore, this variance is granted.

Z-13-05 - Folts - 1452 Victor Road - Area Variance - Section 135 Attachment 1 - Side setback for accessory structure - Motion made by John Gravino, seconded by Charles Packard, to open the previously tabled discussion. All in favor; motion carried. Applicants Larry & Darlene Folts were present. Motion made by Carl Eligh, seconded by Charles Packard, to grant this variance with an 18-month abandonment clause. Mr. Jeffries then read comments submitted by Councilman Maul, "While I said last month that I would have liked to know what the neighbors thought, I did not mean to imply that Mr. Folts should have asked them for their approval. I do realize that the ZBA hearing was advertised, and the neighbors had a right to be heard. None chose to attend the public hearing. We remain without objection to this application." Mr. Gravino had concerns with the amount of the variance. Mr. Eligh asked if both widths of the proposed addition could be built on the side of the building away from the property line. The applicants stated that arrangement would be difficult due to driveway alignment and would block the view. Mr. Jeffries pointed out that a precedent has been set that a 3-ft. setback is too small. However, the topography of this property is unique. The five factors were reviewed.

Roll Vote: Eligh - no; Gravino - no; Packard - no; Santovito - no; Jeffries - no. Therefore, this variance is denied.

Motion made by John Gravino, seconded by Charles Packard, to approve the 8-17-05 minutes. All in favor; minutes approved.

Motion to adjourn made by John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:37 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board