THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, NOVEMBER 14, 2001 AT THE TOWN OF MACEDON CCOMPLEX, 1675 N WAYNEPORT ROAD, MACEDON, NEW YORK.  PRESENT WERE, CHAIRMAN WARREN JEFFRIES, MEMBERS, HELEN SAVERSKY, CHARLES PACKARD, SUE BUSH AND JOHN GRAVINO.  ALSO PRESENT WAS TOWN COUNCILMAN, DAVID MAUL.  ABSENT WAS CODE ENFORCEMENT OFFICE, 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 HEARINGS:

Schweiger / 3169 Mill Rd / Area Variance - Section 135-61-B-5 / Would like to build a pole barn in front of the residence and closer to front lot lines than allowed by town code
Mr. John Schweiger was present to address the board concerning his property at 3169 Mill Rd. Walworth, NY 14568 in the Town of Macedon.  He explained to the board that the proposed barn is for storage and a workshop to refinish furniture.  He explained that the barn location is due to no easy access to the rear yard due to a leach field, pool and a creek.  This residence currently has an attached garage that is 22'x24' and the proposed barn is 32'x40'.  The site plan presented was unclear and did not have definite distances on it, Mr. Schweiger stated that the proposed barn would be approximately 42' from the road.  The only other accessory structure on the property is a pool house.  The board asked why the barn could not be moved back from the proposed location to meet setbacks.  Mr. Schweiger explained that there would not be enough room between the house and the creek that runs on that side.  Mr. Schweiger also explained that the house setback shown on the map is incorrect, he stated that the house sets back approximately 70' from the road.  The barn would hold inventory for his business that is located in Palmyra; no customers would come to the residence to purchase items.  Mr. Schweiger explained that he would like to start construction ASAP.  The board asked the height of the existing residence.  Mr. Schweiger explained that the house was a ranch and thought it was approximately 16' in height and the proposed barn would be about the same.  David Maul pointed out that the application given stated that the barn would be 16' tall, however, the drawings presented show the barn being taller than 16' which would add another variance request to this application.  Mr. Schweiger stated that the house has a walkout basement so it is probably taller than 16'.  The board asked what the deciding factor for the size of the proposed barn was.  Mr. Schweiger explained that it is to maintain inventory through the winter months, which is currently in the existing garage, which is full.  Mr. Schweiger explained that the storefront in Palmyra is approximately 800 square feet.  Mr. Schweiger also stated that the turn around is already there.  Mr. Schweiger also presented a letter from his neighbor across the road, Luis Vega 3140 Mill Rd Walworth; NY 14568, stating that he had no concerns with the construction of this barn.  The board questioned the room available on the left of the existing garage.  Mr. Schweiger presented a picture and stated that there was not enough room between the garage and the creek on that side.  Warren Jeffries stated that he had concerns with the site plan presented not being accurate and is unsure of the 42' setback.  Mr. Schweiger stated that he measured from the road to the corner of the turn around, which is where the proposed barn will begin, and it measured 42'.  Mr. Schweiger also explained that this drawing was not an as built of the residence.  Helen Saversky explained that without actual numbers it is not possible to determine the variance being requested.  No one else was present to speak for or against the granting of this variance.
-Planning Board stated that they were unable to determine the actual distances from the site plan presented and made no comment
-Town Board stated that they would like to see the accurate distances and height issues clarified now rather than during building.  The height regulations from the codebook were addressed to the applicant.
-Wayne County Planning Board stated that there was no countywide impact from the granting of this variance
-SEQR not required
 
 

Total Identity Group - Exxon Mobile / 729 Route 31 / Area Variance - Sections 135-190-A and 135-190-E / Would like to have advertising on the directional signs and would like more square footage of signs than allowed by town code
Laura Beranis of Empire Signs was present to address the board concerning the above application.  She explained to the board that Mobile Chemical is currently going through a name change and a nation wide new signage program.  The signs presented are in accordance with this program.  Laura explained that the new sign would be slightly taller than the existing due to the bushes that are around the bottom of the sign.  She stated that they would like all of the lettering to be able to be seen and that they wish not to take out the landscaping.  Laura also explained that the lawn area of this business is of good size and a smaller sign would be lost.  The proposed sign is to have cladding / skirting around the bottom to cover the poles which adds the square footage.  The sizes of all signs were presented on pictures and added to the file.  The sign is to be non-illuminated but will have the spotlights like the current sign.  Comparison pictures were also presented of the existing signs and the proposed signs.  All signs on the property are to be replaced.  The board commented on how well maintained the property is.  It was questioned if a sign variance was existing on the property but it was determined irrelevant.  Laura explained that the sign is far enough away from the road that it will not effect sight distances.  Jim Smith of Exxon Mobile addressed the board stating that he was responsible for maintenance of the property.  Jim explained that the merge that is the cause of this nation wide sign program is good for Mobile and the employees.  He stated that they were very excited about this.  He also stated that he felt the new signs add a professional look.  He explained that a lot of time is spent trying to keep the lawn looking nice.  He also told the board that sight distance was reviewed and the visibility will not change.  No one else was present to speak for or against this application.
 -Planning Board recommended approval as long as sight distance was not impacted.
 -Town Board made no objection to the granting of this variance
 -SEQR not required

Secore / 2141 Daansen Rd / Area Variance - Section 135-61-B-4 / Would like to build a pole barn higher than 16' tall
This Public Hearing is still open from the meeting on October 10, 2001 and the original application has been modified to reduce the number of variances being applied for.  Mr. Secore applied to the Assessors Office to combine the two lots and proof of this merge is in the file.  The variance being requested is for the barn to be 26' in height versus the 16' allowed by town code.  Mr. Secore was questioned about the violations that currently exist on the property and he explained that it was his intent to rectify those violations by storing in the barn.  Mr. Secore stated that he had not intention of using the barn for commercial use and the proposed barn is not visible from the road.  It was explained to Mr. Secore that the barn according to code couldn't be taller than the residence.  Again the application was modified to add this variance request.  No one else was present to speak for or against this application.
 -Planning Board recommended denial of this application due to existing violations on the property
-Town Board had concerns with the violations, however can see how this barn could rectify that situation.
 -Wayne County Planning Board stated that this application has no countywide impact
 -SEQR not required

BOARD DISCUSSION

Schweiger / 3169 Mill Rd / Area Variance - Section 135-61-B-5 / Would like to build a pole barn in front of the residence and closer to front lot lines than allowed by town code
A motion was made by John Gravino to deny this variance under Section 135-61-B-5 for John Schweiger at 3169 Mill Rd Walworth, NY 14568, seconded by Charles Packard.  John Gravino stated that it was too close to the road and he felt that it could be set back further.  John stated that he had gone to the property to look at the site and felt that the applicant did not have sufficient information to grant this variance.  Helen Saversky was in agreement.  Warren Jeffries stated that he felt the placement of the barn was being determined by where the turn-around was.  Charles Packard stated that he did not know how the board could approve the variance without more accurate distances.  Helen Saversky stated that she did not feel the application was given enough information prior to coming to the board.  Warren Jeffries also stated that he had concerns with the furniture refinishing.  Helen stated that this was part of running the business.  Sue Bush stated that the applicant does have a funny lot due to the creek and asked if the board would recommend him bringing in that much fill to move the barn back.  Warren Jeffries stated that he would need to bring in a substantial amount of fill anyway.  Sue stated that the further back the barn goes the lower it also goes and John Gravino replied that excavation would be needed anyway.  Helen Saversky stated that this was obviously the easiest location for him to put it but the solid numbers on the distances are needed.
Five factors concerning an area variance were reviewed.
Roll Vote: Packard-yes  Gravino-yes  Bush-yes  Saversky-yes  Jeffries-yes Therefor this variance is denied.
 

Discussion
The board continued with a point that was brought up during the review of the previous application.  It was stated that the applicants are not receiving enough information from the Building and Zoning Office prior to applying the Zoning Board of Appeals.  The board stated that they rely on the Code Enforcement Officer to cover the bases prior to application and lately there have been too many oversights.  It was stated that it was embarrassing to the Zoning Board members when they need to ask for more information in the middle of discussion.  The same two issues keep arising; 1) the applicants state that they did not know and 2) applications have been modified several times.  It was recommended that a checklist be put together for the applicants and for use by the Building and Zoning Office for applications to the Zoning Board of Appeals.  Helen Saversky will put together a draft for the next meeting and any input can be emailed to her.  Warren Jeffries stated that the board has evolved and has been tolerant of informal applications but it is now to the point where scaled drawings should be requested.  It was stated that the applicants should be informed of the applications requirements, which is something that has been overlooked.  It was also stated that the board should be informed of any current violations on the applicant properties prior to the meeting date.  It was also suggested that the applicant receive a copy of the section of the zoning code that they are applying for a variance from along with the procedures for application.

Total Identity Group - Exxon Mobile / 729 Route 31 / Area Variance - Sections 135-190-A and 135-190-E / Would like to have advertising on the directional signs and would like more square footage of signs than allowed by town code
A motion was made by Sue Bush to grant this variance for Exxon Mobile at 729 Route 31 Macedon, NY 14502 for Sections 135-190-A and 135-190-E, seconded by John Gravino.  Helen Saversky stated that she felt the new sign would look much better and would compliment the large size of the property.  The board was in agreement.
Five factors concerning an area variance were reviewed.
Roll Vote: Packard-yes  Gravino-yes  Bush-yes  Saversky-yes  Jeffries-yes Therefor this variance is granted.

Matthew Secore / 2141 Daansen Rd / Area Variance - Section 135-61-B-3 and 135-61-B-4 / Would like to build a pole barn higher than 16' and larger than the primary residence
A motion was made by Helen Saversky to grant this variance for Matthew Secore at 2141 Daansen Rd Palmyra, NY 14522 for sections 135-61-B-3 and 135-61-B-4 with a six month abandonment clause due to the outstanding violations on the property, seconded by John Gravino.
Five factors concerning an area variance were reviewed.
Roll Vote: Packard-yes  Gravino-yes  Bush-yes  Saversky-yes  Jeffries-yes Therefor this variance is granted.

Discussion
Warren Jeffries questioned how Flaherty's on Route 31 is expanding without a variance.  He stated that it is a non-conforming building and should have come to the Zoning Board of Appeals for a variance according to section 135-162-B and should have gone to the Town Board under section 135-165.  Dave Maul responded by suggesting that the Zoning Board not take the actions to place a stop work order on this project.  It was explained that if this is an overlook than it was non-intentional and the applicants were told they were good to go by the Code Enforcement Officer.  It was stated that the Code Enforcement Officer reviewed his non-conforming use list and this property was not listed.  The difference between grandfathering versus non-conforming was discussed.  Warren stated that the Code Enforcement Officer made an interpretation of the code, which is not his position.  Sue stated that when Flaherty's bought that property they expanded it and that should have flagged it to the non-conforming use list.  Helen Saversky stated that a remedy to this situation should be made on record.  Warren stated that if this was not caught by the Code Enforcement Officer it should have been caught by the Planning Board and the process needs to be changed.  Warren continued by suggesting that the Zoning Board of Appeals start reviewing the applications being presented to the Planning Board.  Dave Maul stated that the Planning Board had many more applications than the ZBA and it may be better for the ZBA to just review the agenda.

MINUTES  Due to time, the minutes from October 10, 2001 will be reviewed at the next meeting.

ADJOURNMENT 9:50 p.m.