TOWN OF MACEDON

ZONING BOARD OF APPEALS

September 21, 2016

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, September 21, 2016, 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 Town Councilman Bruce Babcock 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 and read the Legal Notice as it appeared in the Times.

PUBLIC HEARING:

Z-06-16 – Song – 215 Wilkinson Road – Area Variance – Section 135-61-B-3 – Size of accessory structure (pole barn addition) – Applicant Jai Song was present to explain his request. He has 11 acres and would like to have large gardens. The two (2) proposed lean-to additions to his barn would allow him to store his farm equipment out of the weather. The additions would be open on the sides with a gravel base.

A resident from 659 Wilkinson Road spoke in support of the application. He felt the proposal was in keeping with the character of the neighborhood and that it was beneficial for the applicant to keep his equipment protected.

· Planning Board – Gave a positive referral

· Town Board – No comment

· 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 7:40 p.m.

Z-08-16 – Rosati – 2179 Magog Road – Area Variance – Section 135-61-B-5 – Accessory structure (shed) in front yard – Applicant and board member Tony Rosati explained his request. Due to the topography of his rear yard, he is unable to locate a shed there. He cited three (3) other houses in his area with sheds in their front yards. His house is very far off the road, and the shed would be approximately 150 ft. off the right-of-way. The shed would be used for storage of personal items, no animals nor commercial use.

A resident from 6 Stone Street, who previously lived in the applicant’s neighborhood, spoke in support of this request.

· Planning Board – Gave a positive referral

· Town Board – No comment

· 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 7:46 p.m.

Z-09-16 – Luong – 1399 Victor Road – Area Variance – Section 135-61-D-5 (135-67) – Raising of chickens on less than five acres – Applicant Madeline Luong was present to address the Board. She explained her property was originally a large farm where most of the acreage had been subdivided off. Her parcel contains the old farmhouse and several barns on 3+ acres. They have lived there five years and are trying to redo the house and barns. In that time they have learned how to farm and garden to become self-sustaining. They currently have approximately 15 laying chickens and would like to have 15 meat chickens for a maximum of 30 birds. The meat chickens would only be there during the summer months and would be confined to a 10’ x 10’ fenced enclosure which is rotated around their property. The laying chickens are free range during the day and confined to a coop at night. They also have two (2) geese but are trying to find them another home. Ms. Luong and Dan Cummings, who also resides at 1399 Victor Road, described the important health benefits of raising their own food. Ms. Luong noted they had offered to purchase some of the surrounding property to increase their acreage, but the owner was not receptive. There is now a new owner, and they will try again. She then presented a letter of explanation she had prepared regarding her request.

The residents at 1476 Canandaigua Road spoke in support of this request. A resident from 659 Wilkinson Road also spoke in favor of granting this request. He felt it fit with the neighborhood and supports the applicants’ efforts to restore the farmhouse and raise their own food. He also felt the Town’s zoning code should address the land requirements for fowl differently than for large animals.

Submitted with the application were 33 letters/notes of support from neighbors and residents.

An e-mail was received from the new owner of the surrounding property who stated his concerns would be: (1) That roosters are not a part of the herd; (2) That it is kept to a small flock under 15 birds; (3) That any coop built is on the applicant’s property & not too close to the border of his property.

· Planning Board – Gave a positive referral

· Wayne County Planning Board – Referral not required

· SEQR – Not required at Appeals level

· Town Board – Questioned if the variance were granted, would it be to the property or the owner of the property. Chairman Jeffries stated it would be granted to the property.

There was no one else to speak for or against the granting of this variance. The public hearing was closed at 8:10 p.m.

BOARD DISCUSSIONS:

Z-07-16 – Stone – 2292 Centreview Trail – Area Variance – Sections 135-61-B-3, 4, 5 & Schedule I – Size, height, location & side setback of accessory structure – A motion was made by Tony Rosati, seconded by Ron Santovito, to grant these variances as presented in the application. Mr. Rosati had visited the property and had a concern about the 5 ft. setback. Mr. Eligh had also visited the property and spoken with the applicant regarding a side setback of 10 ft. instead of 5 ft. Mr. Eligh noted that similar size variances had been granted in the past for large barns. He did question setting a precedent for the 35 ft. height.

Mr. Stone was present and explained that due to the topography of his lot and that of the surrounding area, this barn would not obstruct anyone’s view. The height of the barn would not be greater than the height of his house and the nearest neighbor is over 600 ft. away and at a much higher elevation.

Mr. Frey also had concerns regarding the 35 ft. height and the 5 ft. side setback. Mr. Jeffries pointed out the precedent for the height could be justified with the location of the house (1/2 mile from the road) and the steep elevations surrounding it.

An amended motion was made by Tony Rosati, seconded by Ron Santovito, to grant these variances as presented in the application with the condition of a 10 ft. side setback.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; the benefit sought could be achieved by another method which would be very costly (addition of fill); variances requested are substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

A Roll Vote was taken as follows: Eligh – yes; Frey – yes; Rosati – yes; Santovito – yes; Jeffries – yes. Therefore, these variances are granted.

Z-06-16 – Song – 215 Wilkinson Road – Area Variance – Section 135-61-B-3 – Size of accessory structure – A motion was made by Carl Eligh, seconded by Brian Frey, to grant this variance as presented in the application. Mr. Eligh noted this type of variance had been granted in the past, and he had spoken with one neighbor who supported the request.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; the benefit sought could be achieved by another method (second barn); variance requested is not substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

A Roll Vote was taken as follows: Eligh – yes; Frey – yes; Rosati – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is granted.

Z-08-16 – Rosati – 2179 Magog Road – Area Variance – Section 135-61-B-5 – Accessory structure (shed) in front yard – Mr. Rosati recused himself from all discussion and action regarding his application. A motion was made by Carl Eligh, seconded by Ron Santovito, to grant this variance as presented in the application. Board members noted the applicant has no alternative in siting this structure due to the topography of the lot.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; the benefit sought could not be achieved by another method; variance requested is not substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

A Roll Vote was taken as follows: Eligh – yes; Frey – yes; Rosati – recused; Santovito – yes; Jeffries – yes.

Therefore, this variance is granted.

Z-09-16 – Luong – 1399 Victor Road – Area Variance – Section 135-61-D-5 (135-67) – Raising of chickens on less than five acres – Discussion was deferred to the October meeting.

MINUTES:

A motion to approve the 08-17-16 minutes was made by Tony Rosati, seconded by Ron Santovito. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Brian Frey, seconded by Carl Eligh. All in favor; meeting adjourned at 8:43 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board