THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON TUESDAY, APRIL 24, 2001 AT THE TOWN COMPLEX, 30 MAIN STREET, MACEDON, NEW YORK.  PRESENT WERE, CHAIRMAN WARREN JEFFRIES, MEMBERS, HELEN SAVERSKY, SUE BUSH, CHARLES PACKARD AND JOHN GRAVINO.  ALSO PRESENT WAS TOWN COUNCILMAN DAVID MAUL AND BUILDING AND ZONING OFFICER, MARIO FIORAVANTI.

Mr. Jeffries called the meeting to order at 7:30 p.m.  Mr. Jeffries explained the purpose for which this board serves and read the legal notice as it appeared in the “Times”.

PUBLIC HEARING:

Brian Caler / 1345 Canandaigua Rd / Area Variance - Section 135-62 schedule 1 / Would like to build a garage closer to lot lines than allowed by town code
Brian Caler was present to address the board concerning this application.  He stated that he would like to build a garage 3' from his neighbors lot line to the North and 30' from the street line.  He stated that building in this location requires the least amount of site work and there would be a potential for flooding on the opposite side of the house.  There is an existing driveway in this location now and Brian stated that this would be an esthetically pleasing location.  Brian also stated that the driveway was the highest elevation on the property currently.  The front setback requirement is 60', however, this residence currently only sits 8' from the street line.  Brian stated that he understands some fill will be required and the construction of the garage will be post frame with concrete slab.  The garage is proposed to be 24'x18' and Brian was asked if he would consider building a smaller garage.  Brian stated that he really would like it larger but understands that the land does not allow for that and he would rather not make the garage smaller.  The zoning board members agreed that a large amount of fill would be needed for this project.  Sue Bush asked about a construction timeline.  Brian stated that he planned on starting the project in May and finish construction by fall.  No one else was present to speak for or against the granting of this variance.
 -Planning Board had no comment on this application
-Town Board had no objections
-Wayne County Planning Board had no comment on this application
-SEQR not required

Norman Soucy / 412 Route 31 / Area Variance - Section 135-61-b-5 / Would like to build new residence behind the existing accessory structure
Bob Seely and Norm Soucy were both present to address the board concerning this application.  Bob stated that Norm Soucy had already received realty subdivision from the planning board.  He stated the Mr. Soucy would like to build a new home on lot AR-1-3 that currently has an existing accessory building on it.  Bob explained that each of these lots have a 30' strip of land to Route 31 with an existing driveway.  The house location chosen is due to perc tests and the easement for the gas line.  Bob Seely stated that at time of realty subdivision the planning board did not inform him of this needed variance.  Dave Maul stated that when he discussed this matter with the Planning Board Chairman, Scott stated that the applicant was made aware that this variance was needed.  Sue Bush asked if further subdivision of this property would be done.  Bob Seely stated that it was his strong opinion that the planning board would not grant any further subdivision of this property.  Helen Saversky asked why the applicant didn't build on another lot to avoid this variance.  Bob Seely stated that the applicant's wife was partial to this property due to the view and the wildlife.  He also stated that the lot to the East was a wetter area than this lot and is more heavily wooded.  Warren Jeffries asked if there was any way of changing the lot layouts to avoid the variance.  Bob stated that due to the needed 30' of land to Route 31 that this was not possible.  Dave Maul asked about a building time.  Bob stated that the application needs to be returned to the planning board for approval before construction starts, they are waiting for this variance decision.  John Gravino stated that if the variance is not granted the land would be left useless.  Helen stated that she had concerns about further subdivision of this property.  Bob Seely stated that he did not feel the planning board or water authority would allow any further subdivision.  Dave Maul asked if there was anything along the property line showing that this accessory building belongs with this new home.  Bob stated that there is not, you can see it from the road but there is no fence or shrub line.  No one else was present to speak for or against the granting of this variance.
 -Planning Board stated that at time of subdivision approval the applicant was advised that this lot was not developable as is.
 -Town Board stated that they don't object given the circumstances including being far from the road and it being not clear that this goes with the new house.  They also feel that the number of exceptions should stop.
 -Wayne County Planning Board had no comment on this application
 -SEQR not required
 
 

JT Giammarva - JT's Drive-In Car Shop Inc. / 688 Frey Rd / Area Variance - Section 135-190-a / Would like to add a third sign on the property
John Giammarva, owning the property at 688 Frey Rd, was present to address the board.  He stated that he would like to add a third sign on the back of the building, facing Route 31F showing were his business is.  He stated that he would be within the allowed amount of sign square footage but would exceed the number of signs allowed by town code.  The sign would be the same as the sign on the front of the building and would be under the light just like the front one.  No one was present to speak for or against the granting of this application.
 -Planning Board has no comment
 -Town Board has no objections
 -Wayne County Planning Board had no comment on this application
 -SEQR not required

R. Todd Gregoire / 3119 Hance Rd / Area Variance - Section 135-61-a and 135-62 schedule 1 / Would like to add on to garage making it larger and closer to lot lines than allowed by town code
Todd Gregoire was present to address the board.  He stated that he would like to add on to his garage so that he had a third bay to restore a classic car recently purchased.  The present garage is 20'x26' equaling 520 square feet.  Todd stated he would like to add on 12'x26' to match the existing structure.  He stated that by adding on the garage would be approximately 10-11' from the lot line.  Todd explained that the driveway was already existing.  Angel Gonzalez of 3137 Hance Rd was present in favor of the granting of this variance.  Mr. Gonzalez's house is to the north of Mr. Gregoire's property were the lot line will be encroached upon.  No one else was present to speak for or against the granting of this variance.
 -Planning Board stated that the granting of this variance would be of neighborhood concern.
 -Town Board supports the granting of this variance
 -Wayne County Planning Board stated that they had no comment on this application.
 -SEQR not required

Karen Coats / 264 Route 31F / Area Variance - Section 135-62 schedule 1 / Would like to build garage in front of residence closer to lot lines than allowed by town code
Karen Coats was present to address the board.  She stated that she needed a garage to house her new automobile and for additional storage.  The garage would be 24'x24' and would be located on the front corner of the house.  Karen stated that having the garage located here would avoid leach lines, water lines and would also block some of the traffic noise from the road.  Karen stated that the front of the garage would be approximately 39' from the road, current town setbacks are 60'.  Karen also stated that the garage would be 15' from the side lot line and 25' is the current town setback requirement.  Karen stated that she currently does not have a garage and was told by the builders that this would be the best location.  No one else was present to speak for or against the granting of this variance.
 -Planning Board stated that the granting of this variance would be of neighborhood concern.
 -Town Board supports the granting of this variance
 -Wayne County Planning Board stated that they had no comment on this application
 -SEQR not required
 
BOARD DISCUSSION

Brian Caler / 1345 Canandaigua Rd / Area Variance - Section 135-62 schedule 1 / Would like to build garage closer to lot lines than allowed by town code
A motion was made by Sue Bush to grant this variance under Section 135-62 schedule 1 for 1345 Canandaigua Rd with an 18 month abandonment clause, seconded by Helen Saversky.  The board's comments were that the land on the opposite side of the house was basically useless due to flooding and development on the lot line this garage would be close to is no for seen.  Five factors concerning an area variance were reviewed.
Roll Vote: Saversky-yes  Gravino-yes  Bush-yes  Packard-yes  Jeffries-yes Therefor this variance is granted.

Norman Soucy / 412 Route 31 / Area Variance - Section 135-61-b-5 / Would like to build new residence behind existing accessory structure
A motion was made by Helen Saversky to grant this variance under section 135-61-b-5 for 412 Route 31 with an 18-month abandonment clause, seconded by John Gravino.  It was asked if approval could be granted stating that this would be the final subdivision of this property.  It was determined that the board could not give any conditions on ownership.  Warren Jeffries stated that to deny this variance would equal the taking of this land.  Five factors concerning an area variance were reviewed.
Roll Vote:  Saversky-yes  Gravino-yes  Bush-yes  Packard-yes  Jeffries-yes  Therefor this variance is granted.

JT Giammarva - JT's Drive-In Car Shop Inc. / 688 Frey Rd / Area Variance - Section 135-190-a / Would like to add a third sign on the property
A motion was made by Sue Bush to grant this variance under section 135-190-a for 688 Frey Rd, seconded by John Gravino.  The board stated that JT's has a competitor on Route 31F and this would be beneficial for people trying to find JT's business.  Helen Saversky stated that the competitor on Route 31F has several advertisements present on his property and JT's business does not have that.  Five factors concerning an area variance were reviewed.
Roll Vote:  Saversky-yes  Gravino-yes  Bush-yes  Packard-yes  Jeffries-yes  Therefor this variance is granted.

R. Todd Gregoire / 3119 Hance Rd / Area Variance - Section 135-61-a and 135-62 schedule 1 / Would like to add on to garage making it larger and closer to lot lines than allowed by town code
Sue Bush excused herself from the meeting for the discussion of this application due to a family relationship with this applicant.  A motion to was made by Helen Saversky to grant this variance under sections 135-61-a and 135-62 schedule 1 for 3119 Hance Rd with an 18-month abandonment clause, seconded by Charles Packard.  Five factors concerning an area variance were reviewed.
Roll Vote:  Saversky-yes  Gravino-yes  Bush-yes  Packard-yes  Jeffries-yes  Therefor this variance is granted.

Karen Coats / 264 Route 31F / Area Variance - Section 135-62 schedule 1 / Would like to build a garage closer to lot line than allowed by town code
A motion was made by Sue Bush to grant this variance under section 135-62 schedule 1 for 264 Route 31F with and 18 month abandonment clause and the garage not to exceed 10' past the front of the house line, seconded by Charles Packard.
Five factors concerning an area variance were reviewed.
Roll Vote:  Saversky-yes  Gravino-yes  Bush-yes  Packard-yes  Jeffries-yes  Therefor this variance is granted.

MINUTES  Minutes from March 13, 2000 were present for reviewed.  Approved with amendments.

 MOTION TO ADJOURN was made by Helen Saversky and seconded by Sue Bush, all in favor. Adjournment 9:10 p.m.