TOWN OF MACEDON

ZONING BOARD OF APPEALS

November 21, 2018

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, November 21, 2018, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, and Board members Brian Frey, Deborah McEwen, Michael Mosher and Ronald Santovito. Also present was Board Clerk Susan Bush. Absent were Town Board liaison Sandy Pagano and Town Engineer Scott Allen.

Chairman Jeffries called the meeting to order at 7:31 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-11-18 – Romig (Dunlap) – Macedon Center Road – Area Variance – Sections 135-61-B-3 & 5 – Size & location of accessory structure – The public hearing was opened at 7:38 p.m. – Applicant Jonathan Romig was present to explain his request. This property is currently vacant land, but was previously approved as a building lot. Mr. Romig has an agreement to purchase the property and would like to build his home (proposed 1,250 sq. ft.) and a large barn (50’ x 80’). He stated he is a landscaper and would use the barn to house his equipment and do occasional car detailing (possibly 2 cars per week, April to November). Since submitting his ZBA application, Mr. Romig has revised the site plan for the lot, locating the barn approximately 80 ft. behind the house. The variance for an accessory structure in front of the house was no longer needed, and he amended his ZBA application accordingly. It was noted that Mr. Romig currently has applications before the Planning Board for site plan approval and the Town Board for a Special Use Permit for the small business. Should he receive the necessary approvals, Mr. Romig would like to break ground as soon as possible. Brian Frey cautioned Mr. Romig about the proximity of his driveway to wet areas. When asked, Mr. Romig stated the barn would not be used to house animals.

One person spoke in favor of granting this variance.

· Planning Board – Positive referral for the barn to be larger than the residence

· Town Board – Representative absent

· Wayne County Planning Board – Recommended disapproval of variance(s)

· SEQR – Not required at Appeals level

Due to the location of the property at the Macedon/Palmyra town line, the Town of Palmyra was notified of this action with no comments received.

There was no one else to speak for or against the granting of this variance. The public hearing was closed at 7:43 p.m.

Z-12-18 – Celso & Johnson – 2079 Spruce Run Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – The public hearing was opened at 7:44 p.m. Applicant Joseph Celso was present to explain his request. He would like to build a 36’ x 50’ pole barn at the end of his driveway and is requesting a 5’ setback from the property line. He has spoken with the adjacent neighbor about buying extra land. The neighbor does not wish to sell, but is in favor of the requested variance. Mr. Celso explained that placement of the barn is limited due to the angle of his property line and the location of the septic system. He presented a drawing of the proposed barn and stated the size may vary by a few feet, depending on the contractor selected. He stated the barn would be used for storage of personal items, no animals.

Letters of support from neighbors on Spruce Run and Alderman Roads were included with the application.

· Planning Board – Positive referral

· Town Board – Representative absent

· 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 7:50 p.m.

BOARD DISCUSSIONS:

Z-11-18 – Romig (Dunlap) – Macedon Center Road – Area Variance – Section 135-61-B-3 – Size of accessory structure – A motion was made by Ron Santovito, seconded by Brian Frey, to grant this variance as submitted for the size of the accessory structure. Board members discussed the fact that this structure would be located far off the road and would not be easily visible. Also, variances for large barns have been granted in the past.

The five factors were reviewed: No undesirable change in the character of the neighborhood; benefit sought could be achieved by another method (smaller barn); variance is substantial; no adverse physical or environmental impact; difficulty was self-created.

Roll Vote: Frey – yes; McEwen – yes; Mosher – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is granted. In light of Wayne County Planning Board’s negative recommendation, Chairman Jeffries noted the Roll Vote had been unanimous in approving this variance.

Z-12-18 – Celso & Johnson – 2079 Spruce Run Road – Area Variance – Section 135 Schedule I – Side setback for accessory structure – A motion was made by Ron Santovito, seconded by Mike Mosher, to approve a minimum 10 ft. side setback for an accessory structure. This was a change from the 5 ft. setback requested by the applicant. Board members felt 10 ft. from the property line was the least that had been granted in the past, and they would adhere to that precedent.

The five factors were reviewed: No undesirable change in the character of the neighborhood; benefit sought could be achieved by another method; variance is substantial; there could be adverse physical or environmental impact; difficulty was self-created.

Roll Vote: Frey – yes; McEwen – yes; Mosher – yes; Santovito – yes; Jeffries – yes. Therefore, this variance for a 10 ft. side setback is granted.

MINUTES:

A motion to approve the 09-19-18 minutes was made by Debbie McEwen, seconded by Mike Mosher. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Debbie McEwen, seconded by Mike Mosher. All in favor; meeting adjourned at 8:03 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board