TOWN OF MACEDON

ZONING BOARD OF APPEALS

April 17, 2013

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, April 17, 2013, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Aaron Cook, Carl Eligh, John Gravino and Ronald Santovito. Also present were Town Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent was Town Engineer/CEO Scott Allen.

Chairman Jeffries called the meeting to order at 7:30 p.m.

BOARD DISCUSSION:

Z-01-13 – Switzer – 1087 Alderman Road – Area Variance – Sections 135 Schedule I & 135-37 – One-lot realty subdivision creating a non-conforming lot – A motion was made by John Gravino, seconded by Carl Eligh, to deny these variances.

Chairman Jeffries explained he had done additional research regarding the ZBA’s ability to grant variances to allow a non-conforming lot. He found that the “ZBA cannot subdivide, but can grant area variances on one property”. Subdivision approval is done by the Planning Board. For example, if there were an action for subdivision of a parcel into four lots, only one of those lots could be granted a variance as non-conforming. In this case, the applicant is proposing two lots, one of which would be non-conforming.

The five factors were then reviewed: No undesirable change in the neighborhood; benefit sought could be achieved by another method (two conforming lots); requested variance for non-conforming lot is substantial; action could have an adverse effect on physical or environmental conditions in the neighborhood; difficulty was self-created.

Roll Vote: Cook – yes; Eligh – yes; Gravino – yes; Santovito – yes; Jeffries – yes; therefore, these variances are denied.

MINUTES:

A motion to approve the 03-20-13 minutes was made by Carl Eligh, seconded by Ron Santovito. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by John Gravino, seconded by Aaron Cook. All in favor; meeting adjourned at 7:40 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board