TOWN OF MACEDON

ZONING BOARD OF APPEALS

August 19, 2015

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 19, 2015, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and Board members Anthony Rosati and Ronald Santovito. Also present was Board Clerk Susan Bush. Absent were Carl Eligh, Brian Frey, Town Councilwoman Sandy Pagano 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 HEARING:

Z-06-15 – Vienna – 1565 Walworth Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – Applicants Tim and Christine Vienna were present to address the Board. Ms. Vienna explained this was a condemned, tax-foreclosed property which they purchased in 2010, have renovated and now rent. The old garage was taken down, and a new septic system was installed where the old garage had been. The property is very narrow (65 ft. wide), and to build a new garage and avoid the leach field, a variance from the required side setback is necessary. In 2013 they were denied a variance for a larger structure (two-car) to be placed closer to the property line (5 ft.). Since then they have reduced the size of the garage (one-car) and increased the distance to the property line (10 ft.). In 2013 there was also a question regarding a possible easement for access to the small cemetery behind the property. The property deeds and abstract have been researched, and there is no easement on record. They also noted that the occasional person who visits the cemetery generally uses the property at 1575 Walworth Road, which is their personal residence.

· Town Board – No comment

· Planning Board – Supported the application providing the cemetery easement question was

clarified

· Wayne County Planning Board – Referral not required

· 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.

BOARD DISCUSSION:

Z-06-15 – Vienna – 1565 Walworth Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – A motion was made by Ron Santovito, seconded by Tony Rosati, to grant the variance as submitted in the application.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood (could improve it); benefit sought could not 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 (could make it better); difficulty was self-created.

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

MINUTES:

A motion to approve the 07-15-15 minutes was made by Tony Rosati, seconded by Ron Santovito. All in favor (Eligh & Frey absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Ron Santovito, seconded by Tony Rosati. All in favor (Eligh & Frey absent); meeting adjourned at 7:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board