TOWN OF MACEDON

ZONING BOARD OF APPEALS

May 21, 2014

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, May 21, 2014, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members John Gravino and Ronald Santovito. Also present was Board Clerk Susan Bush. Absent were Carl Eligh, Brian Frey, Councilwoman Sandy Pagano 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 HEARING:

Z-04-14 – Nolan – 117 Burnham Heights – Area Variance – Section 135 Schedule I – Front setback for principal structure (residence) – Applicant Robert Nolan was present to address the Board. The subject property is a flag lot which was approved for building in 1989. The building site is approximately 145 ft. from Burnham Heights and is accessed through a private driveway which also serves the house at 119 Burnham Heights and another vacant approved building lot. Municipal water and sewer services are available to the site. Mr. Nolan would like to build a 1,400 sq. ft. ranch house on the site. Due to the footprint of the proposed house, he would like to move the house forward on the lot 15 ft. beyond the front setback line. He then reviewed maps showing the steep topography of the lot and explained how moving the house forward 15 ft. would bring it into alignment with the existing house at 119 Burnham Heights and allow more usable area in the rear yard. He also felt the property at 116 Burnham Heights, which is five apartments, would not be impacted by this site change due to a large garage between the two residences.

· Town Board – Representative absent

· Planning Board – Positive referral

· Wayne County Planning Board – No intermunicipal or countywide impact with

comments: Hardship criteria should be substantiated at local level; screening (fence,

berm, landscaping, etc.) should be used to help proposed residence remain compatible

with surrounding land uses.

· SEQR – Not required at Appeals level

No response was received from the legal notification to the Village of Palmyra. There was no one else present to speak for or against the granting of this variance.

BOARD DISCUSSION:

Z-04-14 – Nolan – 117 Burnham Heights – Area Variance – Section 135 Schedule I – Front setback for principal structure (residence) – A motion was made by Ron Santovito, seconded by John Gravino, to grant the variance per the application. Mr. Santovito felt matching the setback of the adjacent house would be a positive and grading would be better with the revised house location. Board members also discussed the fact this lot had frontage on two streets (Burnham Heights & Creek Road), and if the house faced Creek Road, it would more than meet the front setback requirement.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; benefit sought could not be achieved by some method other than a variance; variance requested was not substantial; no adverse effect or impact on physical or environmental conditions; difficulty was self-created.

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

MINUTES:

A motion to approve the 04-16-14 minutes was made by John Gravino, seconded by Ron Santovito. All in favor; none opposed (Eligh & Frey absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Ron Santovito, seconded by John Gravino. All in favor; none opposed (Eligh & Frey absent); meeting adjourned at 8:00 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board