TOWN OF MACEDON

ZONING BOARD OF APPEALS

June 17, 2015

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, June 17, 2015, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Brian Frey, Anthony Rosati and Ronald Santovito. Also present were Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent were Carl Eligh 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-03-15 – Weaver – 1251 Victor Road – Area Variance – Section 135 Schedule I – Front setback for garage addition – Applicants John and Cheryl Weaver were present to address the Board. Mr. Weaver explained they would like to bump out their garage 12 ft. at the front in order to add a mudroom within the existing garage. This extension would need a 2 ft. variance from the required 60 ft. front setback. The Weavers considered a 10 ft. extension, but that would not line up as well with the door into the house. Adding onto the side of the garage was not as economically feasible due to their concrete driveway and would not be as aesthetically pleasing. The proposed addition would still have just two garage bays. Mr. Santovito asked about the addition’s roof line & pitch. Mr. Weaver indicated the roof line would be a little higher than the existing garage, but would not be noticeable from the road. The roof pitch will be the same as the existing garage & residence.

· Planning Board – Positive referral

· Wayne County Planning Board – Referral not required

· Town Board – No comment

· 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 7:37 p.m.

Z-04-15 – Chase – 2051 Spruce Run Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – Applicant Barry Chase was present to address the Board. Mr. Chase explained that he would like to build a 30 ft. x 40 ft. pole barn to use as a workshop with storage space for personal vehicles. No commercial use would be made of the barn. Mr. Chase is seeking a 5 ft. variance from the required 15 ft. side setback. The location of the septic system and a wet area farther back on the property limit where the barn could be sited. Mr. Chase also felt that the proposed site would be more aesthetically pleasing when viewed from the road, as the barn doors would line up with the driveway to be installed around the end of his house. It was noted that a neighbor to the west has a similar pole barn. Mr. Rosati questioned drainage from the barn roof, and Mr. Chase indicated that it may be necessary to install a French drain around one corner of the building. The proposed barn would not interfere with the neighbor’s trees along their common property line. In fact, a letter of support for the application was submitted from that neighbor (2065 Spruce Run Road).

· Planning Board – Positive referral

· Wayne County Planning Board – Referral not required

· Town Board – No comment

· 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 7:45 p.m.

Z-05-15 – Minguela – 2835 Route 350 – Area Variance – Section 135-61-B-3 – Size of accessory structure – Applicant Daniel Minguela was present to address the Board. He would like to build a 40 ft. x 60 ft. barn on his property. He explained the drawing submitted with the application showed two overhead doors on the end of the barn, but he is planning to have only one. The barn would be used to store his personal items and vehicles (classic cars). No commercial use will be made of the building. Mr. Santovito noted there is a utility easement along the side of the property and asked whether or not the building could be placed in the easement. Due to the size of the proposed barn, Mr. Rosati questioned how the drainage from the roof run-off would be handled. Mr. Minguela’s parcel is 1.78 acres, and he stated he would install anything necessary to handle the run-off.

· Planning Board – Positive referral

· Wayne County Planning Board – Returned to the Town to be handled as a local matter

· Town Board – No comment

· SEQR – Not required at Appeals level

The resident at 2808 Route 350 also spoke in support of granting this variance. He stated he would like the applicant to be able to store his personal items and vehicles inside instead of outside as at present.

There was no one else to speak in favor of the granting of this variance.

The resident at 2881 Route 350 was present to speak in opposition to the granting of this variance. He is also the owner of the utility easement in question and clarified that no building could be done within the easement. He had concerns regarding drainage, which currently goes toward his property, and the additional run-off that would be created by the size of the proposed barn. He also questioned the use of the building. As a final point, he felt a 30 ft. x 50 ft. building would better fit the property and be within Code requirements. In fact, two (2) 30 ft. x 50 ft. barns could be allowed by the Code. He felt the proposed 40 ft. x 60 ft. barn was just too large.

The resident at 2865 Route 350 also spoke in opposition to this proposal. Her property adjoins Mr. Minguela’s, and she would see the barn from her living room window. She had concerns regarding the size of the building, use of the building (any noise and/or fumes that may be generated) and drainage. She stated she was not opposed to a barn, but would like care to be taken.

There was no one else to speak for or against the granting of this variance. The public hearing was closed at 8:05 p.m.

BOARD DISCUSSION:

Z-03-15 – Weaver – 1251 Victor Road – Area Variance – Section 135 Schedule I – Front setback for garage addition – A motion to grant the variance as submitted in the application (Z-03-15) was made by Ron Santovito, seconded by Brian Frey. Board members agreed that it made sense for the applicant to build onto the front of their garage instead of the side due to the existing concrete driveway.

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 not substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

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

Z-04-15 – Chase – 2051 Spruce Run Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – A motion to grant the variance as submitted in the application (Z-04-15) was made by Brian Frey, seconded by Ron Santovito. Board members felt that due to the location of the septic system, the applicant did not have much choice in siting the barn, and 10 ft. setbacks (5 ft. variance) have been granted in the past.

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 other method; variance requested was not substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

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

Z-05-15 – Minguela – 2835 Route 350 – Area Variance – Section 135-61-B-3 – Size of accessory structure – Chairman Jeffries requested that this application be held until the July meeting in order to obtain more information. He then asked the applicant to supply: (1) Detailed footprint of the barn showing where and what items would be stored; (2) Correct the building plan/elevation to show one (1) overhead door instead of two (2); and, (3) Show how the drainage will be handled. Mr. Jeffries also suggested the applicant meet with the Town Engineer regarding the easement situation.

MINUTES:

A motion to approve the 03-28-15 minutes was made by Brian Frey, seconded by Tony Rosati. All in favor (Eligh absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Ron Santovito, seconded by Brian Frey. All in favor (Eligh absent); meeting adjourned at 8:27 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board