ZONING BOARD OF APPEALS - MINUTES

October 9, 2002

 

THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, OCTOBER 9, 2002, AT THE TOWN COMPLEX, 1675 N. WAYNEPORT ROAD, MACEDON, NY.  PRESENT WERE CHAIRMAN WARREN JEFFRIES, MEMBERS CARL ELIGH, JOHN GRAVINO, CHARLES PACKARD AND HELEN SAVERSKY.  ALSO PRESENT WERE TOWN ENGINEER SCOTT ALLEN AND COUNCILMAN DAVID MAUL.

 

Mr. Jeffries called the meeting to order at 7:30 p.m.  He then explained the purpose for which this Board serves and read the Legal Notice as it appeared in the "Times".

 

PUBLIC HEARINGS:

 

Z-19-02 - Rodney Mitchell/694 Turner Road/Area Variance Sections 135-61-B(3) & 135-61-B(4) - Request to build barn exceeding height of house & exceeding 16 ft.

 

Mr. Mitchell was present to explain his application.  This barn would be 500 ft. behind his house and used to store his RV, cars, tractor, no animals and no commercial purposes.  He has a detached garage and this barn would be additional to accommodate his RV (height), which is currently stored outside.  Location is 400 ft. from road frontage, accessed by a dirt driveway, and electricity is not going to be extended to this building.  No one else was present to speak for or against this variance.

 

-          Town Board has no objections

-          Planning Board has no concerns

-          Wayne County Planning Board - no impact

-          No SEQR required

 

Public hearing was then closed.

 

Z-20-02 - Marc & Nancy Weiner/1113 Erie St. Road/Area Variance Section 135-61-B(4) - Request to build barn exceeding 16 ft. in height

 

Mr. and Mrs. Weiner were present to explain their application.   Mr. Weiner indicated they had seen a similar barn on Victor Road & contacted the builder, Rufus Shirk, a Mennonite, to build their barn.  The difficulty was Mr. Shirk presented a handwritten materials list and no formal plan, as this is the way they operate.  The site was excavated to be 7 ft. below grade to be more appealing with the adjacent pond.   Mr. Jeffries asked at what point in construction it became apparent the barn was too tall.    Mr. Weiner stated that Mr. Allen, the Town Engineer, had come out when the plywood had been applied (see Pg. 19 of supporting booklet), and had explained the options at that time - that he may have to cut it down or a stop work order could be issued.  Due to the point in construction (OSB exposed to the weather) and time delay involved in getting Zoning approval, a stop work order was not issued, but Mr. Allen advised Mr. Weiner that he was proceeding at his own risk.  Ms. Saversky inquired if contractor was aware of the 16 ft. height limit.  Mr. Weiner responded that these Mennonite builders do not work from a plan, they just begin the work.  Work was completed on the barn, and Mr. Weiner applied for his variance.  Building is placed approximately 300-400 ft. from the road on the back side of the drumlin.  Electricity has been extended to the structure.  No one else was present to speak in favor of this variance.

 

Ronald and Rosemary Sitter, 1115 Erie St. Road, were present to speak in opposition to this variance.  They are one-year residents who purchased their home because of the open space, view, privacy & belief the area behind them was forever wild.  Mrs. Sitter felt the barn was too high, appears to have a second floor and devalues their property.  The barn on Victor Road is much lower & does not have a second floor.

Mr. Sitter explained the barn is directly behind their property, and felt something could have been done when the Town Engineer came out.  Currently they are not looking to have the roof taken off this barn, but would like to have the top window overlooking their property replaced with a wooden door to insure their privacy.  No one else was present to speak for or against this variance.

 

Other input:

 

- Town Board - Dave Maul felt it would be difficult to support tearing down or disassembling

  barn if this variance is denied; however, is sympathetic to the neighbors

- Planning Board - positive recommendation

- Wayne County Planning Board - returned to town

 

Public hearing was then closed.

 

Z-21-02 - Ram Datta/2400 Macedon Center Road/ Use Variance Section 135-81E(2)(e) - Request to sell used vehicles without the sale of new vehicles; Area Variance Section 135-81-E(1) - Size of lot for sale of vehicles

 

Mr. Datta would like to sell used cars on his property at the corner of Rts. 31F & 350.  This would be a way to generate additional income by selling one to two vehicles at a time.  Mr. Jeffries questioned if other permitted uses within the zoning had been explored.  Mr. Datta has three store fronts which have been vacant for two years and feels he loses $2,000 monthly income.  He also felt there is a hardship because the community may view him as a Muslim from Afghanistan (he is Indian), and since 9/11/01 he has lost business.  Mr. Jeffries explained that one criteria for granting a Use Variance is to prove financial hardship and asked if Mr. Datta had a financial statement to support his request; none were provided.  Mr. Eligh questioned where the vehicles would be placed.  There was no one else to speak for or against this variance.

 

                - Town Board would not like to see this precedent set by granting of this Use Variance.

- Wayne County Planning Board - recommended denial

- Planning Board - recommended denial

 

Mr. Datta pointed out there is a recently opened used car dealership in the Village of Macedon.  Mr. Allen explained that is in the Village of Macedon as opposed to the Town of Macedon and operates under different zoning and governmental laws.  The public hearing was then closed.

 

Z-22-02 - Mac Moyer/877 Turner Road/Area Variance Section 135 - Schedule I - Request for addition within front setback

 

Mr. and Mrs. Moyer were present to explain their application.  They have a three-bedroom ranch house and would like to expand their kitchen/dining area into one of the bedrooms, building a new bedroom/bath/closet area onto the front of the house.  House is currently right at the 60 ft. required front setback.  Mr. Jeffries pointed side setback relief would also be needed and felt it is covered on the application under Schedule I.  Mr. Moyer explained to the rear of the house is a hill and a neighbor's house and would not be a desirable location for either party.  Adding a second story had been considered but the Moyers felt it would not blend with a neighborhood of ranch style houses.  He also presented a letter from his neighbor at 885 Turner Road, Dianne Lindstrom, which stated, "I have no objection to the proposed 20' x 20' addition to the northeast side of Mac and Joyce Moyer's home at 877 Turner Rd."  There was no one else to speak in favor or against the granting of this variance. 

 

- Town Board - No objection

- Planning Board - Negative referral due to setbacks

- No County referral needed

- No SEQR required

 

Public hearing was then closed.

 

Z-23-02 - Peter Carrozziere/Walworth Road/Area Variance Section 135-61-B - Request to construct barn prior to house; Sections 135-61-B(3) & 135-61-B(4) - Request to build barn larger than house & exceeding 16 ft.

 

Mr. Carrozziere currently lives in Irondequoit and would like to build a barn to store his equipment prior to building his house.  He presently has to trailer his brushhog & mower back & forth.  His house would be closer to the road than the barn.  Timetable for construction of house would be 24 to 48 months.  Currently it is approved for building a house on the road frontage, but he would like to place his house farther back in the property (49+ acres).  Barn would be approximately 800 ft. off road, and house would be 300-400 ft., used for personal/recreational storage only (ATV's, tractor, etc.)  Ms. Saversky questioned size of barn & house.  Height of barn would be maximum 20 ft., and this application would mean a house of at least 2,000 sq. ft.  Mr. Gravino inquired about timetable for construction.  Mr. Carrozziere felt it would take months due to onset of winter weather.  Mr. Gravino questioned use of acreage - personal/recreational only.  Mr. Packard asked for clarification on the timing of construction - Mr. Carrozziere would like to start immediately and could have it completed in two months barring weather problems.  Mr. Allen had a concern over the timing of the house construction.  Mr. Carrozziere is getting married in July, 2003, and does not want to start his house until after that. He anticipates a one-year gap between construction of barn & house.  Utilities would be installed in barn; no commercial use.  Mr. Pat Carrozziere, 150 Sewilo Rd, Rochester, NY,  also spoke in favor of the granting of this variance.  No one else present to speak in favor or against this application. 

 

- Town Board - General support with concern over length of time between construction of

  and house.  Suggested an abandonment clause.

- Planning Board - Negative referral - Not approved building lot & no application for

  construction of house

- Wayne County Planning Board - Recommended denial

 

Mr. Jeffries asked the Mr. Carrozziere if he would like to amend his application which had both Area and Use Variances inadvertently check.  This was done & initialed. 

 

Public hearing was then closed.

 

BOARD DISCUSSION:

 

Mr. Jeffries introduced Carl Eligh as the new Board member.

 

Z-19-02 - Rodney Mitchell/694 Turner Road/Area Variance - Sections 135-61-B(3) & 135-61-B(4) - Request to build barn exceeding height of home & exceeding 16 ft.

 

Motion made by Helen Saversky, seconded by Charles Packard, to grant this variance with a one-year abandonment clause.  Mr. Gravino stated this is a large lot, barn would not house animals nor be used for commercial purposes.  Five factors were then reviewed.

 

Roll Vote:  Gravino - yes; Packard - yes; Eligh - yes; Saversky - yes; Jeffries - yes;  Therefore, this variance is granted.

 

Z-20-02 - Marc & Nancy Weiner/1113 Erie St. Rd./Area Variance - Section 135-61-B(4) - Request to build barn exceeding 16 ft. height

 

Motion made by John Gravino, seconded by Helen Saversky, to approve this variance with the condition the window on the upper level facing the road be removed.  Ms. Saversky expressed concern with the way the construction was done.  She felt the builder/applicant should know the required codes and recommended a fine be placed on them to avoid this problem in the future.  Mr. Jeffries questioned who the aggrieved party was - the applicant had already received his permit & constructed his building - and explained that the Appeals Board does not have the power to levy a fine.  They can recommend such action to the Town Board.  Ms. Saversky cited a similar case previously heard by the Board (Soucy/Rt. 31).  The five factors were then considered. 

 

Roll Vote:  Gravino - yes; Packard - yes; Eligh - yes; Saversky - no; Jeffries - yes; Therefore, this variance is granted.

 

 

Motion made by Helen Saversky, seconded by Charles Packard, to recommend to the Town Board that a substantial ($500) fine or reprimand be levied against the property owners as the holders of the permit.  All in favor; none opposed.

 

Z-21-02 - Ram Datta/2400 Macedon Center Road/Use Variance - Section 135-81-E(2)(e) - Request to sell used vehicles without the sale of new vehicles; Area Variance- Section 135-81-E(1) - Size of lot for sale of vehicles

 

Motion made by John Gravino, seconded by Carl Eligh, to deny granting this variance.  Mr. Gravino felt granting this variance would set a poor precedent.  Mr. Packard cited that applicant had not met the threshhold of financial need, and a previous applicant (Jordan/Alderman Rd/Rt 31) had also been denied.  Four factors for Use Variance were reviewed.

 

Roll Vote:  Gravino - yes; Packard - yes; Eligh - yes; Saversky - yes; Jeffries - yes; Therefore, this variance is denied. 

 

Z-22-02 - Mac Moyer/877 Turner Rd/Area Variance - Section 135 - Schedule I - Request for addition within front setback

 

Motion made by Helen Saversky, seconded by Charles Packard, to approve this variance with an 18-month abandonment clause.  Mr. Gravino felt this was a substantial variance and would come very close to the road.  Mr. Jeffries felt there were alternatives.  Five factors were then reviewed.

 

Roll Vote:  Gravino - no; Packard - yes; Eligh - no; Saversky - yes; Jeffries - no; Therefore, this motion is denied.

 

Motion made by John Gravino, seconded by Carl Eligh, to deny this variance. 

 

Roll Vote:  Gravino - yes; Packard - no; Eligh - yes; Saversky - no; Jeffries - yes; Therefore, this variance is denied.

 

Z-23-02 - Peter Carrozziere/Walworth Road/Area Variances - Section 135-61-B - Request to construct barn prior to house; Sections 135-61-B(3) & 135-61-B(4) - Request to build barn larger than house & exceeding 16 ft. height

 

Motion made by Helen Saversky, seconded by John Gravino, to approve this variance with an 18-month abandonment clause commencing with and contingent upon site plan approval by the Planning Board.  Five factors were then reviewed.

 

Roll Vote:  Gravino - yes; Packard - yes; Eligh - yes; Saversky - yes; Jeffries - yes; Therefore, this variance is granted.

 

 

MINUTES:   Motion made by Charles Packard, seconded by Helen Saversky, to approve the August 14th minutes.  All in favor; none opposed; motion carried.

 

ADDITIONAL BUSINESS:  Mr. Jeffries announced a New York State training session to be held Friday, November 14th, in Mt. Morris.  An application was provided to Carl Eligh for possible participation.

 

ADJOURNMENT:  Motion to adjourn made by John Gravino, seconded by Helen Saversky.  Meeting adjourned at 9:55 p.m.

 

 

Respectfully submitted by Susan Bush