TOWN OF MACEDON

ZONING BOARD OF APPEALS

July 15, 2015

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, July 15, 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.

OLD BUSINESS:

Z-05-15 – Minguela – 2835 Route 350 – Area Variance – Section 135-61-B-3 – Size of accessory structure – Chairman Jeffries explained the requested variance is for an accessory structure (pole barn) exceeding the size allowed by Code. The public hearing was held on June 17, 2015. At that time, the applicant was asked to provide additional information, which he has done.

A motion to deny this variance was made by Ron Santovito, seconded by Tony Rosati.

Board members then discussed various concerns expressed by neighbors who spoke at the public hearing. Mr. Santovito questioned the use of the barn and asked if it was possible to have something in writing that the barn would be for personal use. Mr. Jeffries pointed out the applicant had stated at the public hearing that no commercial use would be made of the building. Any enforcement of the use would have to be done by the Zoning Code Officer.

Mr. Frey noted a neighbor’s concern regarding fumes and felt a resident could not be prevented from painting cars in their garage if it is a hobby.

Mr. Rosati felt the size of the proposed building did not seem to be justified by the amount of items the applicant has identified to be stored.

Mr. Eligh stated he had visited the property. He felt that with the large back yard and the size of the lot, there should not be a drainage problem in normal circumstances. He also stated the applicant had indicated a willingness to locate the barn 10 ft. from the utility easement instead of the proposed 8’4”. The 10 ft. distance would place the barn 30 ft. from the property line. Regarding a neighbor’s concern about the view from her home, Mr. Eligh noted that same neighbor had a 3-car garage and a barn which were visible from the applicant’s house.

Mr. Jeffries then presented the following findings of fact:

· Petitioner owns 1.78 acres

· Petitioner’s house = 1,500 sq. ft.

· Petitioner would like 40’ x 60’ accessory structure = 2,400 sq. ft.

· Structure will hold in excess of 15 cars

· Precedent November, 2011, of 30’ x 48’ barn = 1,440 ft.

· Zoning allows 2 accessory buildings of 1,500 sq. ft. Petitioner could have

3,000 sq. ft. without a variance.

The five factors were reviewed: No change in the character of the neighborhood but a possible detriment to nearby properties; benefit sought could be achieved by another method; variance requested is substantial; applicant was addressing drainage & environmental conditions and was willing to increase distance from utility easement/property line; difficulty was self-created.

Roll Vote: Eligh – no; Frey – yes; Rosati – no; Santovito – yes; Jeffries – yes. Therefore, this variance is denied.

MINUTES:

A motion was made by Ron Santovito, seconded by Brian Frey, to approve the 06-17-15 minutes. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Carl Eligh, seconded by Brian Frey. All in favor; meeting adjourned at 8:03 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board