APPEALS
BOARD MINUTES
June 12, 2002
THE
TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, JUNE 12,
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, AND 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
the legal notice as it appears in the
"Times".
PUBLIC
HEARING
Garland
McQuarrie ; Represented by : Tom
Narsisian / Narhan Construction , 59
Lincoln Mills Rd., East Rochester, 14445/
Area Variance 135-162B
Existing house
does not meet any setbacks (Route 31) so by virtue the addition does not meet
zone. This is just to make house larger- use as a family room.
No comments or questions during public hearing.
-Planning Board has no objections to this application.
-Town Board has no objections to this application.
-Wayne County Planning Board - no County impact - referred to Town..
One family house -
no environmental impact.
Closed Hearing
7:50 pm
Kenneth
Vowell / Variance Section 135-61A 135-162B
Primary use for
vehicles, will be attached to house. They do have detached garage at present.
Warren had Ken amend application to
include 162-B (oversite at application time).
No comments or questions during
public hearing.
-
Town Board has no
objections to this application.
-
Planning Board has
no concerns.
-
Wayne County
Planning Board- no impact- back to Town.
-
SEQR not needed- single family dwelling.
Susan
Murray / 2384 Route 350 / Representing : Randy Wolfanger - MRB- 116 W. Miller
St., Newark
Needed to check
area, wasn't done @ application . Reduce non-conforming lot. They have 1 lot
and would like to subdivide and sell lot #1 and give lot# 2 to daughter. This
is part of a trailer park- Over all property to have the above 2 lots conveyed
off. Lot #1 does not include the trailer park (12.9 acres). Lot #2 does not
include the trailer park (16 vacant acres). Considered vacant land and really
has nothing to do with trailer park. The parcels to be conveyed is a total of 8
acres.
Conveyed off thus far: 1 to Habitat
for Humanity
2 to Dean Murray
Total
3 properties conveyed off so far.
AR-40 Zone,
Trailer Park started in 1957. Property to the south would like to set aside for
future septic for trailer park. Lot lines to be approved by Planning Board but
Zoning can put restrictions on sub-division if granted. No zoning
violations.
-
Town Board - against - would like to maintain existing
land space.
-
Wayne County
Planning Board - no impact - back to Town.
-
Planning Board -
OK Sub-division if 100% replacement of septic was available.
Closed Hearing
8:15 pm
APPEALS BOARD MEETING
June, 12, 2002
Richard
Chiarenza / 135-162A/ Representing: James Johnson- Ar./ 3 Grove St..
Pittsford,NY - 585-388-1290
Ammending to area
from use,(1.36 acres buffer strip). 21 acres , approximate site 57,000 sq,ft.
one story building. 100' buffer from trailer park. Fence and gate surrounding
property. Small brick building for office. Also asked for open storage - 20
spaces for RV etc. storage.
Question from
James Johnson - If they do not sub-divide, what is the impact to variance
request? Scott did not have an answer.
1st
phase to bring 1st 2 buildings (storage units).
Question from
Frank Enos / 2330 Cornwall Dr. - Spoke to Scott about possible perc .
No Zoning
Violations .
In Favor Opposed
0
Frank Enos - lived
there for 30 years - traffic safety issue -
Says it is currently being used as a dump site for fill -
Main concern is Safety, kids, etc.
Rebuttal to
opposition : Richard Chiarenza - Kids
would not be in road. Questions what traffic safety problems?
-
Town Board -
opposed - prefer to leave parcel buffer stay the same.
-
Wayne County
Planning Board - No impact - returned to Town.
-
Planning
Board - assurance for 100% septic
replacement
-
SEQR required.
Closed Hearing
8:45 pm
BOARD
DISCUSSION
Garland
McQuarrie/ represented by; Tom Narsisian/ Narhan Const. /626 Rt. 31/- Variance
135-162B - Request for an addition to a non-conforming building.
A motion was made by John Gravino, seconded by Sue Bush to approve this
application for a variance under Section 135-162B ,for 626 Route 31, with an 18 month abandonment clause. A
discussion was held in which John stated that there was no impact in back of
house. Five factors concerning an area variance were reviewed.
Roll Vote:
Gravino-yes Packard- yes Bush- yes
Jeffries- yes Saversky-
yes Therefore this variance is granted.
Kenneth
Vowell/ Variance 135-61A, 135-162B - to construct a garage larger than allowed
by Town Code./at 1918 Daansen Rd.
A motion was made
by John Gravino, seconded by Charles Packard to approve a variance under
Seconds 135-61A, 135-62B with an 18 month abandonment clause. Five factors
concerning an area variance were reviewed.
Roll Vote: Gravino
- yes Packard - yes Saversky - yes Bush - yes Jeffries - yes
Therefore this variance is granted.
Susan
Murray/ 2384 Route 350/ Variance - Section 135-162A/ Request to subdivide a
non-conforming lot.
A motion was made
by John Gravino and seconded by Sue
Bush to deny the variance. This motion
was withdrawn, and discussion took
place. A concern with the septic was expressed, would like to see line
for septic definite. Also maybe the lot size having a minimum and maximum. A
motion was made by Sue Bush to grant the variance with condition the remaining
non-conforming parcel contain sufficient acres of percable land to support
complete replacement of septic system at full park capacity. Non-conforming parcel shall not be less than
31 acres. This was seconded by Charles Packard. Five factors concerning an area
variance were reviewed.
Roll Vote: Gravino -yes Packard -yes Bush
-yes Saversky -yes Jeffries - yes Therefore this variance is granted with the pre-stated
conditions.
Richard
Chiarenza/ 543 Macedon Center Rd./ Variance - Section 135-162-A/ Request to
subdivide a non-conforming lot.
A motion was made
by Sue Bush and seconded by Charles Packard to deny variance. Sue says this
parcel is already
below minimum requirement of acres. No room to put replacement septic and no
proof that there is percable land to replace septic. Two applications differ in
size and that previous application (Susan Murray)
has more
acres. (Ref. Sec. 135-123 - 25 acres
minimum for mobile home park) This lot
has 21 to begin with which would then be reduced to 14. Sue added this is a
motion for action on the lot that remains after split (14 acres), which is 11
acres short of minimum. Five factors concerning an area variance were reviewed
.
Roll Vote: Gravino
- no Packard - yes Bush - yes
Saversky - yes Jeffries - no Therefore variance is denied.
MINUTES
A motion to approve the minutes dated April 10, 2002 with corrections was unanimous. A motion
To approve the
minutes dated May 8,2002 with corrections was unanimous .
MOTION TO ADJOURN was made , meeting adjourned at 9:40 pm.
Travis
Camp / 2537 Barnes Rd / Area Variance - Section 135-61 schedule 1 / Request to
construct aaccessory 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