TOWN OF MACEDON

ZONING BOARD OF APPEALS

October 19, 2016

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, October 19, 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 was Board Clerk Susan Bush. Absent were Town Councilman Bruce Babcock and Town Engineer/CEO Scott Allen.

Chairman Jeffries called the meeting to order at 7:30 p.m.

BOARD DISCUSSION:

Z-09-16 – Luong – 1399 Victor Road – Area Variance – Section 135-61-D-5 (135-67) – Raising of chickens on less than five acres – A motion was made by Tony Rosati, seconded by Carl Eligh, to grant the variance as submitted with the condition the flock size be limited to a maximum size of 35 birds, including geese. Mr. Rosati noted that the applicant had lots of support from neighbors, has done quite a bit of work on the property, and is aware of the nuisance caused by roosters crowing. He also raised the question of commercial vs. personal use of the chickens.

An amended motion was then made by Tony Rosati, seconded by Carl Eligh, to grant the variance as submitted to raise chickens in a non-commercial manner and limit the total number of birds to 35, including geese.

Mr. Eligh then reviewed Code sections addressing the location of housing for the animals and the number of animals allowed per acre of land. He further cited a 2011 variance request for chickens and ducks on less than five acres which was denied. He felt the acreage requirement was a matter for the Town Board to address via revision of the Code and would not want to see the ZBA set this precedent.

After further Board discussion, an amended motion was made by Tony Rosati, seconded by Carl Eligh, to grant the variance per the application with the conditions the flock would not exceed 30 chickens with no roosters and be for personal use only.

The five factor were reviewed: There would be no undesirable change in the character of the neighborhood (This was originally an old farm, and the applicant’s parcel contains the old farmhouse and barns.); benefit sought could not be achieved by another method; variance requested is 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 – no; Rosati – yes; Santovito – no; Jeffries – yes. Therefore, this variance is granted.

MINUTES:

A motion to approve the 09-21-16 minutes was made by Carl Eligh, seconded by Ron Santovito. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Carl Eligh, seconded by Ron Santovito. All in favor; meeting adjourned at 8:12 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board