TOWN OF MACEDON

ZONING BOARD OF APPEALS

November 28, 2012

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, November 28, 2012, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were members Aaron Cook, Carl Eligh, John Gravino and Ronald Santovito. Also present were Town Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent were Chairman Warren Jeffries and Code Enforcement Officer Scott Allen.

Acting Chairman John Gravino called the meeting to order at 7:30 p.m. He then explained the purpose for which the Board serves. A motion to waive reading the Legal Notice was made by Aaron Cook, seconded by Ron Santovito. All in favor (Jeffries absent); motion carried.

PUBLIC HEARING:

Z-12-12 – Haak – 1437 Wilson Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – The applicant was not present at the meeting to explain his request.

• Planning Board – Negative referral: (1) 1 ft. would be too close to the

property line; 5 ft. would be a minimum setback. (2) If garage were attached

to home, applicant could request a variance for a 7 ft. setback. (3) A letter of

support from the adjoining property owner should be provided.

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

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

BOARD DISCUSSION:

Z-12-12 – Haak – 1437 Wilson Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – A motion to approve the variance as submitted was made by Aaron Cook, seconded by Ron Santovito. All in favor (Jeffries absent); motion carried. This applicant has an older residence without a garage. Mr. Haak is requesting a variance to build a detached garage with a 1 ft. setback from the side property line. The board members felt a 1 ft. setback for the proposed garage would be too close to the property line, and if there is a roof overhang, it could go over the property line. Mr. Eligh noted a similar request for a 5 ft. setback had been denied. Mr. Cook felt the variance could be reduced by building an attached rather than detached garage or reducing the size of the garage.

The five factors were reviewed. The board members felt there would be an undesirable change in the character of the neighborhood; the benefit sought could be achieved through another method; the variance was substantial; there would be a physical impact on the neighborhood; and, the difficulty was self-created.

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

MINUTES:

A motion was made by Carl Eligh, seconded by Aaron Cook, to approve the 07-18-12 minutes. All in favor (Jeffries absent); minutes approved.

ADJOURNMENT:

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

Respectfully submitted,

Susan Bush

Clerk to the Board