TOWN OF MACEDON

ZONING BOARD OF APPEALS

May 16, 2012

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday,

May 16, 2012, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh and Ronald Santovito.  Also present were Town Councilwoman Sandy Pagano, Code Enforcement Officer Aron Thompson and Board Clerk Susan Bush.  Absent was John Gravino.

 

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-05-12 – Onusseit – 106 Wilkinson Road – Area Variance – Section 135-64-E-11 – Off street parking for riding stable – Applicant Edith Onusseit was present to address the Board.  She would like to hold two (2) “fun show” riding events at her stable (June and September).  Due to the dimensions of the property, she cannot meet the required setback of 200 ft. from the property lines for event parking.  Parking area would be 40 ft. from the side property line with a requested variance of 160 ft.  The designated parking area will be a mowed area near the rear of the property.  Board members questioned medical support (she will notify ambulance corps) and sanitation (portable bathrooms).

 

The neighbor at 161 Wilkinson Road was present to speak in support of this request.

 

  • Planning Board – Positive referral
  • Wayne County Planning Board – Recommended denial
  • Town Board – No comment
  • SEQR – Not required at Appeals level

 

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

 

Chairman’s finding of fact:  This property is not within 500 ft. of a farm operation; therefore, the application did not need to be referred to the Wayne County Planning Board.

 

Z-06-12 – Heerkens – 161 Wilkinson Road – Area Variance – Section 135-61-A – Size of attached garage – Jon and Peggy Heerkens were present to address the Board.  Mr. Heerkens explained they would like to expand their existing garage to accommodate storage of personal items; i.e., vehicles, mower, etc.  No commercial use will be made of the space.  Residence is not visible from the road, and it is shielded by trees on the east side of the property.

 

The neighbor at 106 Wilkinson Road was present to speak in support of this request.

 

  • Planning Board – Positive referral
  • Wayne County Planning Board – Referral not required
  • Town Board – No comment
  • SEQR – Not required at Appeals level

 

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

 

Z-07-12 – Beckenbach (Infinite Audio) – 1116 Route 31 – Area Variance – Section 135-190-A – Number of signs – Applicant Jim Beckenbach of Infinite Audio was present to address the Board.  This business currently has two (2) building-mounted signs on the front as well as a pylon sign.  They have a sign (Rhino Liner) from their previous location which they would like to mount on the west end of the new building.  Rhino sign is 3 ft. x 12 ft. and internally lit.

 

  • Planning Board – Positive referral
  • Wayne County Planning Board – Returned to the Town to be handled as a

local matter

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

 

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

 

BOARD DISCUSSION:

 

Z-05-12 – Onusseit – 106 Wilkinson Road – Area Variance – Section 135-64-E-11 – Off street parking for riding stable – A motion was made by Ron Santovito, seconded by Aaron Cook, to grant the variance per the application submitted.  Board members discussed the fact that the proposed parking area is in a good size field, a long distance from the road, and there will be people to direct traffic during the riding event.  The proposed parking area meets the setback requirement from the road, but does not meet the setback requirement from the property lines.

 

The five factors were reviewed:  Members Cook and Jeffries felt there would be no change in the character of the neighborhood; however, Carl Eligh felt there would be an undesirable change.  The benefit sought could not be achieved through another method other than a variance.  Variance is substantial. There would be no adverse physical or environmental impact, and the difficulty was self created.

 

Roll Vote:  Cook – yes; Eligh – no; Gravino – absent; Santovito – yes; Jeffries – yes.  Therefore, this variance is granted.

 

Z-06-12 – Heerkens – 161 Wilkinson Road – Area Variance – Section 135-61-A – Size of attached garage – A motion was made by Aaron Cook, seconded by Carl Eligh, to grant this variance per the application submitted.  Board members noted similar variances have been granted in the past, and the applicant has a very large lot (14+ acres).

 

The five factors were reviewed:  No undesirable change in the character of the neighborhood; benefit sought could not be achieved through another method; variance is substantial; no adverse physical or environmental impact; difficulty was self created.

 

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

 

Z-07-12 – Beckenbach (Infinite Audio) – 1116 Route 31 – Area Variance – Section 135-190-A – Number of signs – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant the variance per the application submitted.  Board members noted this sign would be located on the end of the building, not on the front, and that similar variances have been granted for other commercial properties in the Town.

 

The five factors were reviewed:  No undesirable change in the character of the neighborhood; benefit sought could not be achieved through another method; variance is not substantial; no adverse physical or environmental impact; difficulty was self created.

 

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

 

MINUTES:

 

A motion to approve the 03-21-12 minutes was made by Aaron Cook, seconded by Carl Eligh.  All in favor; minutes approved.

 

ADJOURNMENT:

 

A motion to adjourn was made by Ron Santovito, seconded by Carl Eligh.  All in favor; meeting adjourned at 8:20 p.m.

 

Respectfully submitted,

 

 

 

Susan Bush

Clerk to the Board