TOWN OF MACEDON

ZONING BOARD OF APPEALS

October 17, 2013

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, October 16, 2013, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh and John Gravino. Also present were Town Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent were Ronald Santovito 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-10-13 – Zaretsky – 1035 Mayflower Drive – Area Variance – Section 135-162-B – Expansion of a non-conforming building & Section 135 Schedule I – Side & front setbacks for residential addition – Applicant Bruce Zaretsky was present to address the Board. He presented the Board members with photos of his home and garage, and then explained this request. They currently have a small, one-car garage and no entry area into their home. He would like to add a new two-car garage to accommodate both of their vehicles and convert some of the existing garage into a mudroom. The new garage would be 18 ft. x 24 ft. and utilize approximately 6 ft. of the existing garage space. As the result of an addition by a previous owner, this residence is considered non-conforming due to the current side setback of 18+ ft.

Mr. Zaretsky explained that as part of the building process, they would be removing one of the existing large trees and converting the electric service to underground from overhead. Board members questioned where the rain gutters discharged on that side of the building (into a rain barrel with the overflow going to a swale between the properties), and if the applicant had considered any other location for the addition/garage (septic system is located in front on the other side).

The neighbors at 1025 Mayflower Drive were present and represented by their daughter, who then addressed the Board. She reiterated points expressed in a 10-16-13 letter to the Board which stated their reasons for opposing the granting of the variances: (1) Undesirable change in the character of the neighborhood due to shortened setbacks. Currently there is a uniform look to the neighborhood, and granting these variances would set an unwanted precedent. (2) The new two-car garage would have an adverse effect on the home at 1025 due to close proximity to their bedroom (noise, fumes from vehicles, lights, fire risk, blocked view). (3) Having a garage so close to the property line would have a negative effect on the property value of 1025.

Another neighbor was present and expressed concern that granting these variances would set an undesirable precedent in the neighborhood.

The applicant responded that others in the neighborhood already have two-car garages while he has only a single-car garage.

· Planning Board – Recommended denial of the variances due to insufficient side setback

· Wayne County Planning Board – Referral not required

· SEQR – Not required at Appeals level

· Town Board – Concurred with the Planning Board comments

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

Z-11-13 – Vienna – 1565 Walworth Road – Area Variance – Section 135-61-B-3 – Accessory structure larger in area than residence & Section 135 Schedule I – Side setback for accessory structure – Applicants Timothy and Christine Vienna were present to address the Board. At the time they purchased this property four years ago there were two condemned houses and a barn. Since then they have demolished the house at the rear of the property and the barn, renovated the remaining house and installed a new leach system. The basement of the existing house is not a full basement and does not allow for any storage, and they would like to build a barn/garage to provide storage space. The Viennas own two adjoining properties, 1565 & 1575 Walworth Road. They reside at 1575 and the subject property at 1565 is rented. The proposed barn/garage would be closest to the boundary between their two properties. The barn/garage would be 24 ft. x 40 ft. and would only be used for personal storage. Ms. Vienna explained the usable building space is limited by the leach lines in the rear yard and the foundation from the demolished second house. Board members questioned the existence of a right-of-way for a cemetery immediately behind this property. Ms. Vienna stated they were not aware of any easement on their deeds.

· Planning Board – Concerned about access easement to the cemetery located behind the

subject property and the need to insure there would be appropriate/adequate access to

the cemetery

· Wayne County Planning Board – Referral not required

· SEQR – Not required at Appeals level

· Town Board – Noted properties are well maintained by this owner but concerned about

any future owners

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

BOARD DISCUSSION:

Z-10-13 – Zaretsky – 1035 Mayflower Drive – Area Variance – Section 135-162-B – Expansion of a non-conforming building & Section 135 Schedule I – Side & front setbacks for residential addition – A motion to grant these variances as submitted was made by John Gravino, seconded by Carl Eligh. Board members discussed the reduced front and side setbacks and the desirability of setting such a precedent by granting these variances.

The five factors were reviewed: There would be an undesirable change in the character of the neighborhood; the benefit sought could not be achieved by another method other than a variance; the variances requested were substantial; there could be an adverse physical effect on the neighborhood; and, the difficulty was self created.

Roll Vote: Cook – no; Eligh – no; Gravino – no; Santovito – absent; Jeffries – no; therefore, these variances are denied.

Z-11-13 – Vienna – 1565 Walworth Road – Area Variance – Section 135-61-B-3 – Accessory structure larger in area than residence & Section 135 Schedule I – Side setback for accessory structure – A motion to grant these variances as submitted was made by John Gravino, seconded by Aaron Cook. Board members discussed the close proximity to the property line, limitations of the site, possible reduction in size of the barn and access to the cemetery.

The five factors were reviewed: Due to the large size of the barn on a very small lot there would be an undesirable change in the character of the neighborhood; benefit sought could be achieved by another method; variances requested were substantial; there could be adverse physical or environmental effect on the neighborhood; difficulty was self created.

Roll Vote: Cook – no; Eligh – no; Gravino – no; Santovito – absent; Jeffries – no; therefore, these variances are denied.

MINUTES:

A motion to approve the 09-18-13 minutes was made by Carl Eligh, seconded by Aaron Cook. All in favor (Santovito absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Aaron Cook, seconded by Warren Jeffries. All in favor (Santovito absent); meeting adjourned at 8:17 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board