TOWN OF MACEDON

ZONING BOARD OF APPEALS

November 19, 2014

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, November 19, 2014, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, Brian Frey and Ronald Santovito. Also present were Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent were John Gravino 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-08-14 – Day (Broderick) – 820 Yellow Mills Road – Area Variance – Section 135-61-A – Residential garage larger than allowed by Code – Property owner Theresa Broderick and applicant Donald Day were present to address the Board. Mr. Day explained they would like to add another two-car garage space to the existing garage. He stated he would like to accommodate his truck, which will not fit in the present garage, and have additional work space. The addition would be attached to the existing garage by an enclosed breezeway. Height to the peak would be a maximum of 21 ft., depending on the pitch of the roof. Due to screening by evergreens, this addition would not be visible from the road.

· Planning Board – Positive referral

· SEQR – Not required at Appeals level

· Wayne County Planning Board – Referral not required

· Town Board – Asked for clarification on distance from addition to side property line (30 ft.)

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

Z-09-14 – Lakeview Health Services – 1936 Route 31 – Area Variance – Section 135-183-H – Parking spaces required; Section 135-85 (Schedule I) – Building height; Section 135-177-C – Number of units – Present on behalf of the applicant were Peter Vars of BME Associates, Mark Pandolf of PLAN Architectural Studios, and Harry Merryman (CEO) and David Masters of Lakeview Health Services. Mr. Vars then gave an overview of the proposed project and the three variances that were being requested.

Lakeview Health Services is proposing a 60-unit apartment building on a 14.6 acre site on the south side of Route 31 east of West Wayne Plaza. Zoning is General Commercial which allows for multiple residences through a Special Use Permit issued by the Town Board. Building would be “U” or “J” shaped with 60 one-bedroom apartments as well as community, office and support services space. Building will be staffed 24 hrs. a day, 7 days a week. Site access is via a private roadway off Route 31. The site plan will conform to all General Commercial requirements, including the 100 ft. setback along Route 31. Lakeview’s existing building at 1936 Route 31, which houses 14 residents, would be removed as part of this project.

Mr. Vars then went on to explain that an application for a Special Use Permit has been submitted to the Town Board. They have appeared before the Wayne County Planning Board and the Town Planning Board for recommendations to the Town Board and ZBA. He then reviewed the specific variances requested.

Section 135-177-C – Number of units – The maximum number of units allowed by the Code is 12 per building, and Lakeview is requesting 60. This variance would allow a single building instead of five (5) separate buildings. One building would allow for better security with staff housed in the same building as the residents. It was also noted that due to its design, the building would have the appearance of several buildings.

Section 135-83-H – Parking spaces required – The Code requires 149 spaces (2 spaces per unit + 29 spaces for staff & visitors), and Lakeview is proposing 50 spaces total. The reduced number of parking spaces is based on practical need, and the applicant’s past experience with similar facilities. Only half of the residents would have cars (30 units), plus 20 spaces for staff and visitors. This variance would allow the applicant to install only the parking spaces they need; however, it was noted there is room on the site to install the required number of spaces. The site will also accommodate public transportation access (bus).

Section 135-85 (Schedule I) – Building height – The maximum height allowed by Code is 35 ft., and Lakeview is requesting 64’ 4” to the top of the cupolas (55’ 3” to the ridgeline). The use of a 3-story structure increases the overall efficiency and economics of the building. Using a peaked roof instead of a flat roof is more representative of other structures in the Macedon area and reflects the rural/agricultural flavor of the community. Building up instead of out, also reduces the footprint of the building with less impact on the site.

Mr. Vars referred the Board members to his 10-29-14 letter which accompanied this submission and addressed the five factors regarding each of the variances requested.

Mark Pandolf of PLAN Architectural Studios then addressed the Board. Regarding the number of units (60 in one building vs. 12 in five buildings), this would reduce the overall mass of the project and surface areas of the building. It would also be more economical for the applicant, requiring fewer community rooms, offices, elevators, stairs, etc. The building will have the aesthetics of agricultural buildings (barn, mill, meeting house). He also pointed out the building would comply with the height requirement if it had a flat roof. However, the pitched roof with cupolas would be consistent with agricultural buildings in the area and adds to the aesthetics of the structure. The pitched roof also allows the building mechanicals to be housed inside the “attic” space instead of being visible on the outside of a flat roof.

Chairman Jeffries then asked about the target residents, to which Harry Merryman, Lakeview CEO, responded. Lakeview provides private support to people recovering from serious mental or physical health challenges. Thirty (30) of the units would be for their special needs individuals, and 30 units would be affordable housing units under HUD funding. Residents are screened according to HUD guidelines. All residents would be 18+ years of age. He further explained that the special needs residents do not have vehicles, but the affordable housing residents would have cars. The affordable housing units would have single occupants or possibly a couple.

Mr. Santovito questioned whether the number of handicapped parking spaces (2) was sufficient. Mr. Merryman responded that under ADA, the number of handicapped spaces is determined by the total number of spaces. This application meets those requirements. It was also noted that the Planning Board had indicated a desire to see additional parking spaces. Board members raised questions regarding the crushed stone driveway around the building for emergency vehicle access, building grade and flood plain. These issues will be addressed during site plan approval.

· Planning Board – Recommended granting these variances (see Planning Board minutes

of 11-10-14)

· Wayne County Planning Board – No intermunicipal or countywide impact

· Town Board – No comment

· SEQR – Town Board will be the lead agency for SEQR

A resident spoke in favor of granting these variances as he liked the idea of reduced parking spaces, which would reduce run-off from paved areas, and the consolidated building footprint would preserve more open areas.

Another resident and business owner spoke against granting these variances. His business is located east of the subject property, and felt the proposed site was a swamp and the parking area would exacerbate flooding problems. He was also concerned with the lack of services nearby, such as a grocery store, and had a safety concern for pedestrians due to a lack of lighting in the area. Another concern was the impact of the proposed resident population on the plaza merchants, and the need for increased police coverage. He asked that the Zoning Board reject this proposal.

A business owner from West Wayne Plaza also spoke in opposition to these variances. She had concerns regarding security. She noted the residents at the existing Lakeview facility wander at all hours, and she has called 911 in the past. She felt the plaza would deteriorate if the project is approved. Her spouse also spoke in opposition and expressed concern over his wife’s safety.

Councilwoman Pagano acknowledged these concerns. It was also noted that security and lighting would be addressed as part of the site plan and Special Use approvals.

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

BOARD DISCUSSION:

Z-08-14 – Day (Broderick) – 820 Yellow Mills Road – Area Variance – Section 135-61-A – Residential garage larger than allowed by Code – A motion was made by Brian Frey, seconded by Carl Eligh, to grant this variance as submitted in the application. Board members noted that this addition would not be visible from the road due to screening by trees and would meet the required front and side setbacks.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; benefit sought could be achieved by another method (smaller addition); variance was substantial; there would be no adverse impact on physical or environmental conditions; difficulty was self created.

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

Section 135-183-H – Parking spaces required – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant this variance as submitted in the application. Board members felt 50 parking spaces as requested in the application would not be sufficient and the site could accommodate more. An amended motion was made by Carl Eligh, seconded by Ron Santovito, to approve 60 parking spaces, reducing the requested variance by 10 spaces.

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

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

Section 135-85 (Schedule I) – Building height – A motion was made by Brian Frey, seconded by Ron Santovito, to grant this variance as submitted in the application. Board members discussed that the additional height using a peaked roof allowed the building mechanicals, such as heating & air conditioning units, to be housed inside the “attic” space instead of being exposed on a flat rooftop. They also noted the building would have a better look than others in the area and would be a good addition.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; benefit sought could be achieved by another method (flat roof); variance requested was substantial; there would be no adverse impact on physical or environmental conditions; difficulty was self created.

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

Section 135-177-C – Number of units – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant this variance as submitted in the application. Board members felt that one building, containing 60 units as proposed, would look better than five separate buildings of 12 units each. They also discussed other apartment buildings in the Town (O’Neill Road & Parkwood Heights).

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; benefit sought could be achieved by another method; variance requested was substantial; there would be no adverse impact on physical or environmental conditions; difficulty was self created.

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

MINUTES:

A motion to approve the 10-15-14 minutes was made by Carl Eligh, seconded by Brian Frey. All in favor (Gravino absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Carl Eligh, seconded by Brian Frey. All in favor (Gravino absent); meeting adjourned at 8:45 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board