TOWN OF MACEDON

ZONING BOARD OF APPEALS

June 15, 2011

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, June 15, 2011, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh and John Gravino. Also present were Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent was Ronald Santovito.

Mr. Jeffries called the meeting to order at 7:30 pm. He then explained the purpose for which this Board serves and read the Legal Notice as it appeared in the Times.

PUBLIC HEARING:

Z-02-11 – Paul – 855 Farmington Road – Area Variance – Sections 135-64-J-1 & 4 – In-law apartment larger than allowed with separate utility meter – Applicant Christopher Paul was present to explain his request. When the Paul’s purchased their property, the second story of the detached garage was partially finished (plumbing, electric & heat). They would now like to complete the work, bring it up to Code and create an “in-law” apartment for their son. Mr. Paul stated he understands the future use of an “in-law” apartment would be limited to family members only. The area to be finished is 800 sq. ft., requiring a variance of 250 sq. ft. Another variance is needed for the garage’s existing separate utility meter. This meter is located on the side of the house and has its own main cut off.

• Wayne County Planning – No intermunicipal or countywide impact with

conditions that Fire, Building & DOH codes be met; use to be in-law only;

returned to Town to be handled as a local matter.

• Planning Board – Positive referral
• SEQR – Not required at Appeals level
• Town Board – No comment

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

BOARD DISCUSSION:

Z-02-11 – Paul – 855 Farmington Road – Area Variance – Sections 135-64-J-1 & 4 – In-law apartment larger than allowed with separate utility meter – A motion to grant these variances as submitted was made by John Gravino, seconded by Aaron Cook. Board members discussed previous similar actions and the amount of variance requested. Mr. Jeffries pointed out there were extenuating circumstances in that the request is for an existing structure, not new construction, and the applicant would utilize the square footage of that structure with no exterior changes.

The five factors were reviewed: No undesirable change in the character of the neighborhood; benefit could not be achieved without a variance; degree of variance sought was borderline substantial; no adverse environmental or physical impact; difficulty was self created.

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

MINUTES:

A motion to approve the 03-16-11 minutes was made by Carl Eligh, seconded by Aaron Cook. All in favor; minutes approved.

ADJOURNMENT

A motion to adjourn the meeting was made by Carl Eligh, seconded by Warren Jeffries. All in favor; meeting adjourned at 7:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board