APPEALS
BOARD MINUTES
May 8, 2002
THE
TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, MAY 8,
2002 AT THE TOWN COMPLEX, 1675 N WAYNEPORT RD, MACEDON, NEW YORK. PRESENT WERE, CHAIRMAN WARREN JEFFRIES,
MEMBERS, SUE BUSH, HELEN SAVERSKY, JOHN GRAVINO AND CHARLES PACKARD. ALSO PRESENT WAS ZONING OFFICER / TOWN
ENGINEER, SCOTT ALLEN. ABSENT WAS TOWN
COUNCILMAN DAVID MAUL.
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:
Brownstone
Physical Therapy / 1900 Route 31, West Wayne Plaza / Area Variance-Section
135-191-C-1 (as modified by 4-21-98 Zoning Board of Appeals Decision / Request
to install a business identification sign on the building façade
Sheila Brown,
co-owner of Brownstone Physical Therapy, was present to address the board. She stated that on January 1, 2002
Brownstone moved into the Pal-Mac Medical Building, however, they are not
affiliated with the hospital. They
would like to install a business identification sign on the front of the
building to match the existing West Wayne Plaza signs. The sign will be 8'x4'. No one else was present to speak for or
against the granting of this variance.
-Planning Board gave a positive
recommendation for this variance
-No one was present from the Town Board to give comment
-SEQR not required
Frank
Dimino Inc / 921 Route 31 (Henning Property) / Area Variance - Section 135-92 /
Request to construct an access road with a 60' setback from the existing barn
Amy Hacker of
Costich Engineering was present to address the board. She presented a map of the parcel showing the wetland areas. The property is currently zoned ORM. Amy explained that the owner would like to
build this access road to make the property more marketable. The road will be constructed to town
standards so that it can be dedicated in the future. Amy explained that they have met with DEC, they originally tried
to meet the 75' setback requirement but DEC found this unacceptable due to the
amount of wetland that would be disturbed.
Amy explained that the owner does not want to remove the barn or a
portion of the barn. Amy explained that
the barn was in good shape, has gas and electric hook-up and currently houses a
woodworking shop. The 60' setback from
the barn is favorable to DEC.
Warren questioned
if the barn could ever be used for animals.
Amy stated that to her knowledge the owner would not have plans to house
animals in the barn. She explained that
the owner sees the barn for potential as a woodworking shop. Amy continued to explain that the goal of
building this access road is to increase the attractiveness to the development
of the property. Amy stated that in the
future the house and barn might be subdivided off and sold.
The board asked
how the road would be extended in the future to reach all of the buildable
areas. Amy showed a place on the map
that was marked for future wetland crossing, however, at that time the proper
permits would need to be obtained from DEC.
Amy explained that at this time there are no plans for the back area of
the parcel, the owner is just trying to increase the potential for development
of the parcel.
John Gravino
questioned the bend in the roadway.
Scott stated that he has discussed this with Dick Roets and both feel
the bend is too suddle. Scott explained
that this would probably not be acceptable during the Planning Board review
process. Amy stated that they could
talk with DEC about straightening the road.
Warren explained
that he had a concern about note 6 of schedule 1stating that if a barn houses
animals, the setback requirement is 100'.
Amy stated that the owner did not plan to have the barn to house
animals. Warren stated that it would be
easy for the woodworking shop to be removed and animals moved in. Scott explained that of the future property
owners wanted to house animals in the barn they would need to obtain a variance
from this board.
Jim Daigler was
present in representation of Mr. Dimino and stated that all future development
is speculative. Jim explained that Mr.
Dimino is simply trying to increase the marketability of this parcel; by
building this road the potential developers would be able to see the potential
of the property. Jim stated that even
the subdivision of the house and barn is speculative right now. Jim explained that the application is the
way it is due to the DEC, this is the third design presented to the DEC for
review. Jim stated that he was
uncomfortable with the speculation to the future development of this parcel;
the owner simply wants to sell the property and feels this access road allows
more potential for that.
Warren asked Amy
Hacker if she was aware of the precedence set by the ZBA on variances
concerning roadways. Amy stated that
she had not researched that. Sue asked
if there was access to the property from any other road. Amy stated that there isn't. Helen explained that the road is a
pre-cursor to future development and the road has severe impact on the
property. Charles stated that the barn
may need to be removed to satisfy both DEC and Town requirements. Warren asked if any other alternative had
been researched. Amy stated that they
have reviewed culvert designs with the DEC, no bridge of the wetlands has been
considered. No one else was present to
speak against this application.
-Planning Board offered no comment
on this application
-No one was present from the Town
Board to offer comment
-The Wayne County Planning Board has not reviewed the specific
application to the Zoning Board of Appeals; however, according to Amy Hacker
they are planning on assuming lead agency on the SEQR review.
Travis
Camp / 2537 Barnes Rd / Area Variance - Section 135-61 schedule 1 / Request to
construct an accessory structure closer to side lot lines than allowed by town
code
Travis Camp was
present to address the board. He stated
that he would like to build an accessory structure 10' from his easterly
property line vs. the 15' allowed by town code. The structure would be 24'x32' and would be of pole
construction. Travis explained that
this location was the most appealing from the road and would allow the driveway
to be extended directly to the structure.
The structure would be parallel with the lot line and would look
identical to the existing attached garage.
Travis explained that there is a mature hedgerow to the East and the
neighbor to the east has already planned to store his snowmobile in the
structure. The existing shed in this
location is to be moved this Saturday to his brother's property. Travis explained that the lot lines runs
typically in the middle of the hedgerow and no trees would be cut to
accommodate this structure. Sue
questioned the location of the leach fields.
Travis showed on the map presented that the leach beds are located in
the front of the residence. Sue
questioned why the additional five-foot setback could not be met. Travis explained that the property contours
did not allow for the additional five feet.
Travis explained that not only would this reduce the amount of flat area
for the children to play, it would partially block the view from the
house. Travis continued to explain that
his house sets 350' back from the road and the immediate two houses to the west
are family members and Mr. Wiggins lives on the East Side. Mr. Camp's property is approximately 6.5
acres in size. This structure would be
approximately 60 yards from the Mr. Wiggins residence. Sue questioned if the swing set was not
there would the structure be able to meet the setback requirements. Travis stated that yes, however it would
increase excavation and there is only a small area of flat land as it is for
the children to play. Travis stated
that this would decrease appeal and reduce usable yard space. The structure will not be used for any
commercial use. Mr. Camp's application
was amended to remove the term garage, as this structure will not be used to
store actually vehicles. No one else
was present to speak for or against this application.
-Planning Board gave a positive
recommendation on this application.
-No one was present from the Town Board to make comment.
-SEQR not required
-Wayne County Planning Board review
is not required
Dan
Lettro / Kittering Road / Area Variance - Section 135-61-A / Request to build
an attached garage larger than allowed by town code
Dan Lettro of
Lettro Builders was present to address the board. Dan explained that he has someone interested in building a house
on this particular lot, however, would like to have a larger garage. Dan explained that the potential homeowner
owns two classic cars and a trailer used to take the cars to shows would be
stored inside this garage. Dan
explained that the intent of the larger garage is to keep things inside vs.
outside. Dan explained that the
potential homeowners also own a full-size van with a wheel chair access ramp
for their handicapped daughter. The
larger garage would allow them to pull the van into the garage and extend the
ramp to unload and load in the garage, out of the weather. The garage will also house a ramp allowing
access to the residence.
The potential
homeowner was present and stated that the entire house would be build for
handicap accessibility. The lot size is
2.72 acres. The garage would have one
16' two car garage door and two 9' garage doors; one on the front and one on
the side. The potential homeowner would
have five vehicles total in the garage.
No one else was present to speak for or against this application.
-Planning Board gave a positive
referral on this application
-No one was present from the Town
Board to give comment
-Wayne County Planning Board review
is not required
-SEQR is not required
BOARD
DISCUSSION
Brownstone
Physical Therapy / 1900 Route 31 (West Wayne Plaza) / Area Variance - Section
135-191-C-1 (as modified by 4-21-98 Zoning Board of Appeals Decision) / Request
to install a business identification sign on the building facade
A motion was made
by Helen Saversky, seconded by John Gravino to approve this variance. Five factors concerning an area variance
were reviewed.
Roll Vote:
Gravino-yes Packard-yes Saversky-yes Bush-yes Jeffries-yes
Therefor this variance is granted.
Frank
Dimino Inc. / 921 Route 31 (Henning Property) / Area Variance - Section 135-92
/ Request to construct an access road with a 60' setback from the existing barn
A motion was made
by Charles Packard, seconded by Helen Saversky to deny this variance. John stated that someone was going to have
to give in this instance, however, he feels the road is an accident waiting to
happen. Charles stated that he was not
sure this was the right place for the road and the curve makes it worse. The five factors concerning an area variance
were reviewed.
Roll Vote: Gravino-yes
Packard-yes Saversky-yes Bush-yes
Jeffries-yes Therefor this
variance is denied.
Travis
Camp / 2537 Barnes Rd / Area Variance - Section 135-61 schedule 1 / Request to
construct an accessory structure closer to side lot lines than allowed by town
code
A motion was made
by Charles Packard, seconded by Helen Saversky to approve this application with
an 18-month abandonment clause. Sue
Bush stated that there was a recent application similar to this and it was
denied due to other buildable space.
Helen stated that she could not remember all of the determining factors
of that case and therefor could not take it into consideration during the
review of this case. Warren stated that
this application has a mature hedgerow to act as a buffer for this structure
and doesn't remember the Daansen Rd application having a buffer. The five factors concerning an area variance
were reviewed.
Roll Vote: Gravino-yes
Packard-yes Saversky-yes Bush-no
Jeffries-yes Therefor this
variance is granted.
Dan
Lettro / Kittering Road / Area Variance - Section 135-61-A / Request to build
an attached garage larger than allowed by town code
A motion was made
by Helen Saversky, seconded by Sue Bush to grant this variance with an 18-month
abandonment clause. Helen stated that
the garage concurs with the need of a handicap accessible house. The five factors of an area variance were
reviewed.
Roll Vote: Gravino-yes
Packard-yes Bush-yes Saversky-yes Jeffries-yes, therefor this variance is granted.
MOTION
TO ADJOURN was made by John Gravino and seconded by Helen Saversky, all in
favor. Adjournment 8:56 p.m.
Respectfully
Submitted,
Jennifer
Habecker, Building and Zoning Clerk