TOWN OF MACEDON
ZONING BOARD OF APPEALS
December 17, 2008
The Town of Macedon Zoning Board
of Appeals meeting was held on Wednesday, December 17, 2008, at the Town
Complex, 32 Main Street,
Macedon, NY. Present were Chairman Warren Jeffries,
members Carl Eligh, Charles Packard, Ronald Santovito
and Board Clerk Susan Bush. Absent were
John Gravino, Town Councilman David McEwen and Code Enforcement Officer Michael
Nelson.
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.
PUBLIC HEARINGS:
Z-09-08 VanEtten 2157
Barnes Road Area Variance Section
135-182-B Small business on lot less than required acreage Thomas and
Joanne VanEtten were present to explain their request
to operate a small business (sale of coal & coal stoves) from their
residence. Town Code requires 10 acres
for a small business, and the VanEttens have 9.05
acres. The business started out as a
group of friends who would split loads of coal for their personal use. With rising energy costs, the business
expanded, and they now have three (3) semi-trailers (700+ ft. from the road)
for coal storage & weighing. Signs
advertising the business have been removed, in keeping with their applications
to the ZBA and to the Town Board for a Special Use Permit. No stove inventory is kept on hand. Customers interested in coal stoves are given
pamphlets describing products available from other sources. Hours for coal sales are Saturday 8:00 a.m.
to 4:00 p.m., as well as Tuesday and Thursdays from 6:00 p.m. to 9:00 p.m. Customers use the existing driveway, with 4-5
customers on week nights and 10-15 customers on Saturday in the winter months. Mr. VanEtten stated
they had discussed the business with their surrounding neighbors when they
started in 2006, and no objections were raised.
They will provide letters of support as part of their Special Use
application if a variance is granted.
·
Wayne
County Planning Board
No intermunicipal or countywide
impact; returned to the Town to be handled as a local
matter.
·
Planning Board Positive referral
·
Town Board Accepts the Planning Boards
recommendation
·
SEQR Not required at Appeals level
There was no one else present to
speak for or against the granting of this variance.
Z-10-08 Cafalone 1214
Victor Road Area Variance Section
135-182-B Small business on lot less than required acreage Brian Cafalone was present to explain his request to operate a
small business (landscaping & lawn maintenance) at his residence. Town Code requires 10 acres, and Mr. Cafalone has 5.89 acres.
He stated he has operated a small landscaping business for 14 years,
moving to this property in August, 2008.
He currently has a mowing crew of two employees who arrive in the
morning, pick up equipment, are gone all day and return at night. Another crew works with him. His clients are primarily in the
Macedon/Fairport/Penfield area. No
customers come to his residence. During
the winter months, he plows snow. Plow
trucks are kept at the drivers residences, except for a diesel truck which
must be plugged in to electric. Since buying the Victor Road property, Mr. Cafalone stated he has improved the landscaping, removed a
decaying horse fence and reseeded the pasture.
He has also poured a concrete floor in the existing barn (8,250 sq.
ft.), and all of his equipment can be stored inside. None of his equipment, even
if outside, is visible from the road.
There will be occasional deliveries of fuel, mulch & stone. The mulch & stone would be stored behind
the barn until they are moved out to job sites.
None of these would be visible from the road. Mr. Cafalone also
pointed out that the previous owner of his property ran a commercial stable
there.
The resident at 1224 Victor Road
then addressed the Board in support of this request. He stated Mr. Cafalone
had improved the property, and there was less noise than the previous operation
with no animal by-products. All
equipment is properly stored.
Three letters of support were
received from residents at 1200, 1207 and 1224 Victor Road.
·
Wayne
County Planning Board
No intermunicipal or countywide
impact; returned to the Town to be handled as a local
matter.
·
Planning Board Positive referral
·
Town Board Accepts the Planning Boards
recommendation
·
SEQR Not required at the Appeals level
There was no one else present to
speak for or against the granting of this variance.
BOARD DISCUSSION:
Z-09-08 VanEtten 2157
Barnes Road Area Variance Section
135-182-B Small business on lot less than required acreage A motion was
made by Carl Eligh, seconded by Ron Santovito, to
grant this variance contingent upon a Special Use Permit being approved by the
Town Board. Board members discussed the
size of the parcel (9 acres vs. 10 acres required); storage/pickup area is 700+
ft. from the road; and, operation is not visible from the road. The hours of operation were also discussed
with clarification given that the Town Code states 7:00 a.m. to 7:00 p.m. The five factors were reviewed. Members felt it would not change the
character of the neighborhood, and the variance was not substantial.
Roll Vote: Eligh yes; Gravino absent; Packard yes;
Santovito yes; Jeffries yes. Therefore, this variance is granted.
Z-10-08 Cafalone 1214
Victor Road Area Variance Section
135-182-B Small business on lot less than required acreage A motion was
made by Carl Eligh, seconded by Charles Packard, to grant this variance
contingent upon a Special Use Permit being approved by the Town Board. Board members discussed the size of the
variance, but felt this was mitigated by the fact the applicant does not have
customer traffic coming to his property.
The five factors were reviewed.
Board members felt this would not create an undesirable change in the
neighborhood as evidenced by neighbors statements regarding the improvements
that have been made.
Roll Vote: Eligh yes; Gravino absent; Packard yes;
Santovito yes; Jeffries yes. Therefore, this variance is granted.
MINUTES:
A motion to approve the 11-19-08
minutes was made by Carl Eligh, seconded by Charles Packard. All in favor; minutes approved.
ADJOURNMENT:
A motion to adjourn was made by
Charles Packard, seconded by Carl Eligh.
All in favor; meeting adjourned at 8:30 p.m.
Respectfully submitted,
Susan Bush
Clerk to the Board