TOWN OF MACEDON

ZONING BOARD OF APPEALS

March 18, 2015

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, March 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 and Anthony Rosati. Also present were 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. A motion to waive reading the Legal Notice was made by Brian Frey, seconded by Carl Eligh. All in favor (Santovito absent); motion carried.

PUBLIC HEARING:

Z-02-15 – Lakeview Health Services – 1936 Route 31 – Area Variance – Section 135-85 (Schedule I) – Route 31 setback – Present on behalf of the applicant were Harry Merryman & David Masters of Lakeview Health Services and Engineer Fred Shelley of BME Associates. Mr. Shelley then reviewed this request for a 27 ft. reduction in the front setback from Route 31 for construction of a 60-unit apartment building. In November, 2014, Lakeview received variances for the number of units and height of the proposed building and the number of parking spaces required. They have also received approval from the Town Board for a Special Use permit for a multi-family development in this zoning district. Their initial submissions involved two parcels, 1.5 acres with their existing facility & 13+ acres of vacant land. Since the original submissions, Lakeview has found that they must locate the entire project within the 13+ acre parcel in order to receive financing; therefore, the site has been moved to the east & north. Due to the varying right-of-way widths along Route 31, the building would be 147 ft. from Route 31 but 73 ft. from the right-of-way instead of the required 100 ft.

Mr. Shelley then reviewed the five factors which are used in assessing a variance request. The applicant feels this would not make an undesirable change in the neighborhood as the two buildings immediately to the west of the site (auto parts store and vacant fast food restaurant) are at the same reduced setback (approx. 75 ft.). The benefit could be achieved by another method such as the original proposal or moving the site farther to the east. However, their funding source does not allow the first option and moving the site even farther east would disturb more area. Mr. Shelley noted the variance requested was 27 ft. or 27%, which he felt was not substantial. Regarding an adverse effect on the physical or environmental conditions, this development area will be smaller and will not encroach into the flood plain. The difficulty is self-created, but the revised layout is a more efficient use of the site.

Mr. Rosati asked if the two parcels could be combined to allow a different design. Mr. Merryman of Lakeview Health Services responded that their funding application would not allow the parcels to be merged. All construction (building & parking areas) must be on the new parcel (13+ acres). Mr. Eligh asked if there were wetlands on the site, and Mr. Shelley explained there were no State wetlands in the area. Mr. Eligh also asked for clarification regarding driveways (2) from the shared access drive off Route 31.

Mr. Merryman then explained that the revised site plan would allow Lakeview to maintain the existing 14-bed facility during construction. Once the residents have transferred to the new building, Lakeview will no longer have a use for the existing building. Board members compared the original site plan to the current proposal, and it was noted the building footprint remained the same, but the parking area had been reconfigured and consolidated.

· Planning Board – Positive referral; noting commercial buildings to the west of this site were

also set back less than 100 ft.

· Wayne County Planning Board – No intermunicipal or countywide impact; returned to the

Town to be handled as a local matter, with comments regarding wetlands, flood plain &

future plans for the total acreage.

· Town Board – Favorable recommendation

· SEQR – Not required at Appeals level

There was no one else to speak for or against the granting of this variance. The public hearing was closed at 8:01 p.m.

BOARD DISCUSSION:

Z-02-15 – Lakeview Health Services – 1936 Route 31 – Area Variance – Section 135-85 (Schedule I) – Route 31 setback – A motion was made by Tony Rosati, seconded by Carl Eligh, to grant this variance as presented in the application (Z-02-15). Members discussed the fact that buildings to the immediate west of this site were set back less than 100 ft. and that variances had been granted for NAPA and the self-storage near Yellow Mills Road.

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; Rosati – yes; Santovito – absent; Jeffries – yes. Therefore, this variance is granted.

MINUTES:

A motion to approve the 02-18-15 minutes was made by Carl Eligh, seconded by Brian Frey. All in favor (Santovito absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Brian Frey, seconded by Tony Rosati. All in favor (Santovito absent); meeting adjourned at 8:20 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board