APPEALS BOARD MINUTES                                                                                           

            March 13, 2002

 

THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, MARCH 13, 2002 AT THE TOWN COMPLEX, 1675 N WAYNEPORT RD, MACEDON, NEW YORK.  PRESENT WERE, CHAIRMAN WARREN JEFFRIES, MEMBERS, SUE BUSH, JOHN GRAVINO AND HELEN SAVERSKY.  ALSO PRESENT WAS ZONING OFFICER / TOWN ENGINEER, SCOTT ALLEN AND TOWN COUNCILMAN, DAVID MAUL.  ABSENT WAS MEMBER CHARLES PACKARD.

 

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”.  He then informed the Board that the application for Macedon Hills Restaurant, 1090 Route 31, Section 135-162-B, expansion of a non-conforming building within 250' setback, had been withdrawn.

 

PUBLIC HEARING:

 

Joseph Delfino, Rock-N-Wash, 992 Route 31 / Area Variance, Section 135-162-B / Expansion of a non-conforming use within 250' setback from Route 31

Joseph Delfino, 23 Heatherwood Road, Fairport, NY, the owner of Rock-N-Wash, would like to add a second laser wash bay to the East End of the existing car wash.  The existing east driveway area would be used for this expansion.  He stated this driveway would be blocked off whether or not the variance is granted and/or construction begun.  There is a service door out of that section of the building, which exits directly onto the driveway, creating a hazard to employees using that door.  Property is presently zoned residential, and as such, needs a 50' side setback from the property line.  Chairman Jeffries then asked the applicant if he would care to amend his application to ask for an additional variance in consideration of this side setback (asking for a 5' setback vs. 50' / Section 135-68-schedule 1).  Mr. Delfino then amended application.  John Gravino asked about location of utilities and right of way for this property and the immediate adjoining are on the East Side.

Richard Deys, 1472 Macedon Center Road, Macedon, also spoke in favor of granting this variance.  David Morrell, 175 Dar-Lind Lane, Palmya, owner of Community Car Wash, Route 31, Macedon, asked to see the plans for this project.  No one else was present to speak for or against the granting of this variance.

            -Planning Board gave a negative recommendation due to the side setback

-Town Board objected regarding the 5' setback.  Scott Allen, CEO, noted that the ZBA was the first step in a lengthy approval process involving the Planning Board and Town Board.  His February 4, 2002, letter to Mr. Delfino, outlined various points regarding this project.

-SEQR not required

-Wayne County Planning Board recommended approval for the front setback.  They were not asked regarding the side setback.

 

Mr. and Mrs. Mike Young, 3051 Daansen Rd, Walworth (Macedon) / Area Variance - Section 135-61 / House setback behind barn

Dave Matthews, Matthews Consulting, spoke on behalf of the applicant.  This is a 23 acre property with a barn located approximately 600' from Daansen Rd.  Chairman Jeffries asked why the house could not be placed closer to the road.  Response was aesthetics and the grade of the land (slopes downward as you approach the road).  Susan Bush asked if Mr. Young's business was run out of that barn.  Response was yes; he has a mining permit for that location.  No one else was present to speak against this application. 

            -Planning Board gave a positive recommendation on this application.

            -Town Board is in favor of the granting of this variance (size of lot makes this negligible).

            -SEQR not required

            -Wayne County Planning Board not required.

 

Richard Deys, 1472 Macedon Center Rd, Macedon / Area Variance / Request to build a barn larger than house / Section 135-61-B-3

Mr. Deys presented his plan and noted that he had revised the location of the barn, drawing a rough map on the display board.  His new placement of the barn, as close to the side property line as allowed, would not cut off the view of his pond from his house and provides better access to the existing driveway.  This will be pole barn construction, sided to match the house.  The proposed barn would be 5,000-sq. ft., and Mr. Deys noted a farm barn of 3,368-sq. ft. at one time occupied this site.

George Dobbertin, 1426 Route 31F, Macedon, a neighbor of this project, stated that he was in favor of a resident building a pole barn.  However, he wanted to know the maximum size allowed for the building and what size is proposed.  He also asked about the physical appearance of the barn - windows, plans, etc.  Mr. Jeffries explained the maximum size of an accessory structure must be less square footage than the principal structure (house).  In this case the principal structure is 1,344 sq. ft.  Mr. Dobbertin had additional concerns regarding how this building would be used - storage of personal items / vehicles vs. "parking of commercial equipment".  It was explained that commercial use in this area is not permitted.  Jay Burke, 1489 Macedon Center Road, Macedon agrees with Mr. Dobbertin.  John Paglia, 1539 Macedon Center Road, Macedon, agrees with Mr. Dobbertin.  No one else was present to speak for or against this application.

            -Planning Board gave a positive recommendation on this application.

-Town Board felt this was a large building, however, compared to total acreage of the property (22 acres), this is not a large percentage (1/2%).  No objection to granting this variance.

            -SEQR not required

            -Wayne County Planning Board felt this had no countywide impact and referred it back for local action.

Councilman Maul suggested that the plans for this project be monitored for compliance as to setbacks and height of structure.  Mr. Deys indicated an 18-month abandonment clause would not present a problem for construction.

 

 

BOARD DISCUSSION

 

Richard Deys, 1472 Macedon Center Rd, Macedon / Area Variance / Request to build a barn larger than house / Section 135-61-B-3

A motion was made by Helen Saversky, seconded by John Gravino to approve this variance with an 18-month abandonment clause.  Ms. Saversky and Ms. Bush were comfortable with this as long as it is not used for commercial purposes and meets the setback and height requirements.  Five factors concerning an area variance were reviewed.

Roll Vote: Gravino-yes  Saversky-yes  Bush-yes  Jeffries-yes Therefor this variance is granted.

 

Mr. and Mrs. Mike Young, 3051 Daansen Rd, Walworth (Macedon) / Area Variance - Section 135-61 / House setback behind barn

A motion was made by John Gravino, seconded by Helen Saversky to approve this variance with an 18-month abandonment clause.  Discussion followed regarding the abandonment clause.  Applicant requested 36 months instead of 18.  Precedent has been set that maximum time of 18 months.  Motion remained.  The five factors concerning an area variance were reviewed.

Roll Vote:  Gravino-yes  Saversky-yes  Bush-yes  Jeffries-yes  Therefor this variance is granted

 

Joseph Delfino, Rock-N-Wash, 992 Route 31 / Area Variance, Section 135-162-B / Expansion of a non-conforming use within 250' setback from Route 31

A motion was made by John Gravino, seconded by Helen Saversky to table this application.  Mr. Gravino would like to see a map and/or the physical staking of rights of way and underground utilities to include 50' into the adjoining property to the east.  Due to the requested 5' side setback, this would allow the Board to see the ramifications of this encroachment on the property line.  Applicant was given the 800 number to call to have this staking accomplished.  He is to notify the Town when this has been done for the Board members to review.

Roll Vote:  Gravino-yes  Saversky-yes  Bush-yes  Jeffries-yes  Therefor this application is tabled for the next meeting.

 

 

MINUTES  A motion to approve the minutes dated January 9, 2002 was made by Helen Saversky, seconded by Susan Bush, all in favor.

 

 MOTION TO ADJOURN was made by John Gravino and seconded by Helen Saversky, all in favor. Adjournment 9:15 p.m.

 

Respectfully Submitted,

Susan Bush, Member, Zoning Board of Appeals