ZONING BOARD OF APPEALS - MINUTES

January 8, 2003

THE TOWN OF MACEDON ZONING BOARD OF APPEALS MEETING WAS HELD ON WEDNESDAY, JANUARY 8, 2003, AT THE TOWN COMPLEX, 1675 NORTH 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 TOWN 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-27-02 - Terrore/762 Erie Street Road/Area Variance Section 135-62 Schedule I - Request to build attached garage within side setback

Frank & Melissa Terrore were present to explain their application. They would like to build a 24' x 24' attached garage on the side of their home with a 10' x 12' bump out on the back as a workshop. Their home was built in 1973 without a garage. An addition on the back of the house prevents placement of the garage in that area. The proposed placement would be at the head of their existing driveway and require a 7' side setback as opposed to 25' required. Mr. Terrore submitted a letter from Gary & Florence Guthrie, the neighbors on that side, stating they have no objections to this project. There was no one else present to speak for or against the granting of this variance.

- Town Board - no comments

- Due to timing of meetings, submission to Planning Board & Wayne County

Planning Board was not possible.

- No SEQR required

Public hearing was then closed.

Z-28-02 - Dentico/Richter/2930 West Walworth Road/Area Variance Section 135-61-A - Request to build garage larger than allowed

Applicants Robert Dentico and Peggy Richter were present & represented by Dave Matthews of Matthews Consulting. Mr. Matthews explained this garage is part of a new home to be constructed, is set on a 2.3 acre parcel & has Planning Board site approval. The garage would be 1200 sq. ft. as opposed to 800 sq. ft. allowed. This will be a long ranch-style home, and the larger garage would blend with this style. Additional space is needed to accommodate Mr. Dentico's truck and other personal possessions. Mr. Dentico stated there would be no commercial use of this property.

John & Janet Fus, 2952 West Walworth Road, were present to comment on this application. They had concerns regarding storage of machinery & equipment. (Mr. Dentico is a self- employed home improvement contractor.) Mr. Dentico stated he has no equipment other than his truck and a pull-behind 8' x 16' trailer. The trailer is normally kept on his job sites & would only be parked at his home on a short-term basis.

Debbie Gierman, 2965 West Walworth Road, asked if any materials would be stored on-site or debris brought in. Mr. Dentico & Ms. Richter responded "no, this is our home".

- Town Board - Mr. Maul expressed the Town Board's sensitivity to the neighbors'

concerns as a result of another situation in that area, but had no objection to this

project

- Due to timing of meetings, submission to Planning Board and Wayne County Planning Board was not possible

- No SEQR required

There was no one else present to speak for or against the granting of this variance. Public hearing was then closed.

Z-29-02 - Maklos/1825 Magog Road/Area Variance Sections 135-64-E-2, 135-64-E-5,

135-64-E-6, 135-64-E-7-a, 135-64-E-10 & 135-64-E-11- Request to build horse barn/riding arena larger than allowed, within setback, number of animals & acreage required, parking setback required

Steve & Jill Maklos were present to explain their application. Mr. Maklos amended the application to include Sections 135-64-E-7-a and 135-64-E-11. They currently have a barn with seven stalls (9' x 13') housing 7 horses with three (3) outside shelters; fencing is vinyl-coated wire. Parcel is 14.5 acres -- 4.5 acres + 10 acres added. Proposed barn would be an 80' x 160' Cover-All structure encompassing stable/riding areas and housing up to 30 horses, including the 7 at present. Mr. Jeffries asked if another location was possible to eliminate the setback encroachment. Mr. Maklos responded the barn could be relocated, but proposed site is desirable because it is the highest elevation on the property. Mr. Allen pointed out this project would need to be approved by the Planning Board if variances were granted. ZBA concerns could be forwarded to the Planning Board for their review. Mr. Gravino questioned disposal of manure. Mr. Maklos replied they currently spread the manure on their own property and would continue to do so, but other options are available; i.e., removal by private individuals and/or commercial haulers. Mr. Jeffries asked how the requested size of the barn was determined and if it could be made smaller. Mr. Maklos responded it could be made smaller, and it is a "temporary" structure & could be taken down. Mrs. Maklos explained this size would accommodate a heavier construction allowing horses to be driven inside, as well as exercising larger hunter/jumpers. This construction also allows for snow loads. They do not want to rush into this project and expect the total project to take 1-1/2 years for completion. Ms. Saversky questioned traffic flow for any horse shows/events that would occur. Mrs. Maklos stated an event could generate 30 trucks/trailers going in and out during the day possibly twice a year.

Scott Allen, as an adjoining property owner, spoke in support of this proposal. He stated the Maklos keep their property in excellent condition and have demonstrated conscientious care of their animals.

As part of the applicant's package, neighbors provided four (4) letters of support. They were: Bohdan Lyko, 1801 Magog Road; W. Milliman, 959 Lawrence Road; Scott Allen, 981 Lawrence Road; Norman Everdyke, 980 Lawrence Road.

- Town Board - Mr. Maul offered comments on each section as follows:

135-64-E-2 - 14 acres vs. 20 acres required - No objection

135-64-E-6 & 135-64-E-7-a - Distance from property line - Barn could be

placed elsewhere, but all surrounding property owners agree

135-64-E-10 - Height - No objections

135-64-E-11 - No objections

135-64-E-5 - Number of horses - 30 horses should require 24 acres. Would prefer

number of horses to be limited appropriately for 14 acres.

- Due to timing of meetings, submission to Planning Board & Wayne County Planning

Board was not possible

- SEQR - Planning Board to be designated for SEQR review

There was no one else present to speak for or against the granting of these variances. Public Hearing was then closed.

BOARD DISCUSSIONS:

Z-27-02 - Terrore/762 Erie Street Road/Area Variance Section 135-62 Schedule I - Construction of attached garage within side setback

Motion made by John Gravino, seconded by Charles Packard, to approve this variance with an 18-month abandonment clause. Mr. Gravino had a concern regarding the 7' setback. However, they are currently parking their vehicles in that area, and the neighbor on that side supports the application. Five factors were then reviewed.

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

Z-28-02 - Dentico/Richter/2930 West Walworth Road/Area Variance Section 135-61-A - Construction of garage larger than allowed

Motion made by John Gravino, seconded by Carl Eligh, to approve this variance with an 18-month abandonment clause. Discussion brought out these points: Applicants could build up to two (2) accessory structures, each much larger than proposed garage; neighbors' concerns were addressed regarding commercial use; similar variances have been granted. The five factors were then reviewed.

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

Z-29-02 - Maklos/1825 Magog Road/Area Variance Sections 135-64-E-2, 135-64-E-5,

135-64-E-6, 135-64-E-7-a, 135-E-10, 135-E-11 - Construction of horse barn/riding arena larger than allowed, within setback, number of animals, acreage required & parking setback

Mr. Maklos asked for a motion to table their request pending his pursuit of a land-lease agreement with the adjoining property owner.

Section 135-64-E-2 - Motion made by Helen Saversky, seconded by Charles Packard, to grant the variance for this section with an 18-month abandonment clause.

Discussion followed regarding setbacks and number of horses vs. acreage available. Four (4) of the fourteen (14) acres encompass the residence and would not be included. This would mean up to 30 horses on 10 acres. Mr. Packard felt this might not be enough acreage to accommodate 30 animals and the resulting manure. Ms. Saversky questioned if leased land could be considered. Mr. Maul felt this was a question for the Town's attorney. It was felt more time would be needed to consider this application and to investigate the legality of a land-lease situation. Motion to table this action made by Carl Eligh, seconded by John Gravino.

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

Mr. Maul will contact the Town's attorney for clarification, and Mr. Allen will contact the applicant.

OLD BUSINESS:

Z-25-02 - Sherburne Properties, LLC/1241 Route 31/Area Variance Section 135-162-B - Request to expand non-conforming building

Sue Bassage of Sherburne Properties, LLC was present to ask this application be reconsidered. Mr. Jeffries explained the public hearing on this application had already been held, and denial had been made based on the absence of the applicant. A letter was received from Gene Bassage explaining his absence due to inclement weather the night of the hearing.

Motion made by John Gravino, seconded by Helen Saversky, to reopen the deliberations on this application.

Roll Vote: Eligh - yes; Gravino - yes; Packard - yes; Saversky - yes; Jeffries - yes; Therefore this matter is reopened.

Ms. Bassage explained the present tenant, Macedon Ford, requires more space to meet corporate requirements for service, accommodate a larger parts department and provide office space. This is a 25' x 80' addition with overhead doors. It is non-conforming as a commercial use in a residential zone. Decision on re-zoning would probably not be made until February.

Mr. Eligh asked about the storage trailers currently used for office space & parts storage, as well as the cars presently being parked off site. If the re-zoning is approved, additional land will be leased to provide space for these vehicles on site.

Five factors were then reviewed.

Motion made by Helen Saversky, seconded by John Gravino, to approve this variance.

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

OTHER BUSINESS:

Route 31 Setback - Mr. Jeffries asked for input from the Board members regarding a possible change of the 250 ft. setback required for Route 31. It was noted the County Planning Board has stated concerns due to the number of variance applications received. Discussion followed with the general consensus that 100 ft. from the right-of-way vs. the current 250 ft. would be appropriate.

MINUTES:

Motion made by John Gravino, seconded by Carl Eligh, to approve the December 11th minutes. All in favor; minutes approved.

ADJOURNMENT:

Motion to adjourn made by John Gravino, seconded by Helen Saversky. Meeting adjourned at 9:29 p.m.

Respectfully submitted,

Susan Bush

Clerk for the Board