TOWN OF MACEDON

ZONING BOARD OF APPEALS

May 15, 2013

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, May 15, 2013, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Aaron Cook, John Gravino and Ronald Santovito. Also present were Town Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent were Carl Eligh and Town Engineer/CEO Scott Allen.

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

PUBLIC HEARINGS:

Z-02-13 – Lawler – Kittering Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – Applicant Richard Lawler was present to address the Board. The Lawlers are building a new home and would like to build a pole barn at the same time. The location of the septic system limits the area where the barn can be placed. The proposed location would also take advantage of a planned circular driveway. This is a flag lot, and the barn would be 500+ ft. from the road and 100+ ft. from the front property line.

· Planning Board – No concerns

· Wayne County Planning Board – No referral

· Town Board – No comment

· SEQR – Not required at Appeals level

There was no one else present to speak for or against the granting of this variance.

Z-03-13 – Frechette – 3097 Daansen Road – Area Variance – Section 135-61-D-3 – Barn larger than allowed by Code (riding arena) – Applicant Gregory Frechette was present to address the Board. He would like to build a 60 ft. x 117 ft. pole barn to be used as a riding arena. The proposed location is now used as an outdoor riding ring. They currently have a barn with four stalls, and the new barn would be used for riding only, no stalls or storage. The riding arena would be for personal use; no lessons would be given. Mr. Frechette indicated they currently board two of their horses at a commercial stable in order to use an indoor riding arena. Their own arena would be more convenient and economical.

· Planning Board – Positive referral

· Wayne County Planning Board – No intermunicipal or countywide impact

· Town Board – No comment

· SEQR – Not required at Appeals level

There was no one else present to speak for or against the granting of this variance.

Z-04-13 – Glaza – 847 Alderman Road – Area Variance – Sections 135-61-B-1 & 135-61-B-3 – Third accessory structure & accessory structure larger than principal structure – Applicant Gregory Glaza was present to address the Board. Mr. Glaza has two accessory structures on his property (5.8 acres), a small pole barn and a shed, which were constructed by a previous owner. He would like to build a 30 ft. x 40 ft. pole barn to store his boat and utility trailer, as the doors on the existing barn are not large enough to accommodate these items. Mr. Glaza stated it would be difficult to add on to the existing barn, and he would like to use it as a personal wood shop it the future. The shed was originally built as a pigeon coop, and is now used for personal storage. The proposed barn will have a lean-to on each side (square footage included in variance). One side will be used as a picnic area and the other side will be used to park their tractor. There would be no commercial use of the barn. All accessory buildings are/will be sided to match the residence.

· Planning Board – Positive referral

· Wayne County Planning Board – No intermunicipal or countywide impact

· Town Board – No comment

· SEQR – Not required at Appeals level

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

BOARD DISCUSSION:

Z-02-13 – Lawler – Kittering Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – A motion was made by Ron Santovito, seconded by Aaron Cook, to grant this variance as submitted. Board members noted this is a large parcel (3.65 acres), and there would be limited visibility from the neighbors and the road. One Board member was concerned about a possible infringement on the future expansion area for the septic system; however, applicant stated that should not be a problem.

The five factors were reviewed: No undesirable change in the character of the neighborhood; the benefit sought could be achieved by another method; variance would be considered substantial; no physical or environmental impact; difficulty was self-created.

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

Z-03-13 – Frechette – 3097 Daansen Road – Area Variance – Section 135-61-D-3 – Barn larger than allowed by Code (riding arena) – A motion was made by John Gravino, seconded by Aaron Cook, to grant this variance as submitted. Board members discussed that this property was a very large lot (16.21 acres) in a rural area; the barn would not be visible from the road; similar variances have been granted in the past.

The five factors were reviewed: No undesirable change in the character of the neighborhood; benefit sought could not be attained by another method; variance would be substantial, but has been granted for other properties; no adverse physical or environmental impact; difficulty was self-created.

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

Z-04-13 – Glaza – 847 Alderman Road – Area Variance – Sections 135-61-B-1 & 135-61-B-3 – Third accessory structure & accessory structure larger than principal structure – A motion was made by Aaron Cook, seconded by John Gravino, to grant these variances as submitted. Board members noted this is a large lot (5.8 acres), and barn would be located in the back with low visibility from the road. It was also noted that a size variance would not be needed if the side lean-tos were excluded from the square footage of the barn.

The five factors were reviewed: No undesirable change in the character of the neighborhood (not seen from the road); benefit sought could be achieved by another method; variance would be substantial; no adverse physical or environmental impact; difficulty was self-created.

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

MINUTES:

A motion to approve the 04-17-13 minutes was made by John Gravino, seconded by Ron Santovito. All in favor (Eligh absent); minutes approved.

ADJOURNMENT:

A motion to adjourn was made by John Gravino, seconded by Aaron Cook. All in favor (Eligh absent); meeting adjourned at 8:15 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board