TOWN OF MACEDON

ZONING BOARD OF APPEALS

February 18, 2015

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, February 18, 2015, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, Brian Frey, Anthony Rosati and Ronald Santovito. Also present were 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. A motion to waive reading the Legal Notice was made by Ron Santovito, seconded by Carl Eligh. All in favor; motion carried.

New Board member Anthony Rosati was introduced to the Board. Mr. Rosati fills the vacancy created by the recent resignation of John Gravino.

PUBLIC HEARING:

Z-01-15 – Breen – 581 Lexington Drive – Area Variance – Section 135-186-B-1 – Swimming pool in front yard – Kevin & Shannon Breen were present to address the Board regarding this request. Mr. Breen explained they would like to install an in-ground swimming pool. However, they have a corner lot, and as such, have no side yard but two front yards. In addition, their leach lines are directly behind their house, which further limits where they may place the pool. The proposed site for the pool is considered to be in a front yard, requiring a variance. They live on a dead-end street with only two houses that will have a view of the pool. Mr. Santovito asked if the existing fence would stay or if more fence would be added. Mr. Breen explained the existing fence, which encloses most of their yard, would remain and adjustments would be made to bring it up to Code when the pool is installed. Alarms would also be added to house doors and gates which access the pool area.

A letter of support was submitted from a neighbor at 1035 Mayflower Drive.

Mr. Jeffries noted that it had been brought to his attention that a previous owner of this property had an above-ground pool in approximately the same location.

· Planning Board – Positive referral

· SEQR – Not required at Appeals level

· Town Board – No comment

· Wayne County Planning Board – Referral not required

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

BOARD DISCUSSION:

Z-01-15 – Breen – 581 Lexington Drive – Area Variance – Section 135-186-B-1 – Swimming pool in front yard – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant the variance as submitted in the application (Z-01-15). Board members noted that with a corner lot (2 front yards) and the leach field location, the applicant could not install a pool without a variance. They also noted that variances for corner lots had been granted before; there had been a pool on this lot in the past; and, the addition of a pool would not be out of character for the neighborhood.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood (a previous owner had pool in the same location); benefit sought could not be achieved by another method other than a variance due to two front yards (corner lot) and location of the leach field; 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; Rosati – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is granted.

MINUTES:

A motion was made by Carl Eligh, seconded by Brian Frey, to approve the 11-19-14 minutes with the following amendment. RE: Z-09-14 – Lakeview Health Services – 1936 Route 31 – Area Variance – Section 135-183-H – Parking spaces required – An amended motion was made by Carl Eligh, seconded by Ron Santovito, to approve a minimum of 60 parking spaces, reducing the requested variance by 10 spaces. All in favor; amended minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Carl Eligh, seconded by Ron Santovito. All in favor; meeting adjourned at 7:45 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board