TOWN OF MACEDON

ZONING BOARD OF APPEALS

June 19, 2013

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, June 19, 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. He then explained the purpose for which the Board serves and read the Legal Notice as it appeared in the Times.

PUBLIC HEARINGS:

Z-05-13 – Muccigrosso – 1446 Erie Street Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – Thomas and April Muccigrosso were present to address the Board regarding their request to build a pole barn (30 ft. x 32 ft.) to be used for storage and their hobbies. They do not want to disturb existing trees and would like to keep their view as is. The proposed location would be the least intrusive area on the property. There are currently two small structures, a chicken coop and a shed, on or near the proposed site. The chicken coop will be removed. An existing culvert should not be a problem.

· Town Board – No comment

· Planning Board – Positive referral

· Wayne County Planning Board – No intermunicipal or countywide impact

· SEQR – Not required at Appeals level

· Village of Macedon – Referral made; no response.

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

Z-06-13 – Cody – 3248 Walworth Road – Area Variance – Section 135-61-B-5 & Section 135 Schedule I – Accessory structure in side yard & side setback – Applicant William Cody was present to address the Board. He would like to place an 8’ x 14’ shed at the side of his garage within the required 15 ft. side setback. Mr. Cody explained he and his wife have three large motorcycles which they would like to store in the shed instead of in their garage. Locating the shed in their back yard would make it difficult to get the motorcycles to it. The proposed shed would be sided & shingled to match their house & garage. The applicant presented photos of the site and indicated the proposed side setback would be 3 ft. at the closest point. Board members questioned the slope of the rear yard and setback variance required. A letter of support from the neighbor at 3270 Walworth Road was submitted by the applicant.

· Town Board – No comment

· Planning Board – Negative referral

· Wayne County Planning Board – Not required

· 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-05-13 – Muccigrosso – 1446 Erie Street Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – A motion was made by John Gravino, seconded by Carl Eligh, to grant the variance as submitted. Board members noted the following points: The subject property is very wet in the back; the barn would not be visible from the road; a similar variance had been granted for another property.

The five factors were reviewed: No undesirable change in the neighborhood; benefit could be achieved by another method; variance is substantial; no adverse environmental impact; difficulty was self-created.

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

Z-06-13 – Cody – 3248 Walworth Road – Area Variance – Section 135-61-B-5 & Section 135 Schedule I – Accessory structure in side yard and side setback – A motion was made by Carl Eligh, seconded by Aaron Cook, to deny the variances. Board members noted a variance for side setback has not been granted for a distance less than 10 ft. from the property line, and they would not want to set a precedent. The shed could be located in the rear yard behind the garage.

The five factors were reviewed: Could have an undesirable change in the character of the neighbor-hood; benefit could be achieved by another method; variance is substantial; could have an adverse effect or impact 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 05-15-13 minutes was made by John Gravino, seconded by Aaron Cook. 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 8:12 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board