ZONING BOARD OF APPEALS

January 18, 2006

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, January 18, 2006, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, John Gravino, Charles Packard and Ron Santovito. Also present were Town Engineer Scott Allen and Councilman David McEwen.

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-15-05 – Morrison – 2062 Magog Road – Area Variance – Section 135-182-B – Pole barn to house small business – Roger & Christie Morrison were present to explain the application. Mr. Morrison would like to move his family’s excavation business to their property from his mother’s home also on Magog Road. Applicant is planning to build a 40’ x 60’ pole barn; all setbacks will be observed. Trucks will be parked inside at night. This variance is needed for operation of a small business on less than 10 acres in AR-40 zoning, and if granted, Mr. Morrison will apply for a Special Use Permit through the Town Board. Business is currently located on 2+ acres and considered pre-existing, non-conforming. Letters of support from Gary Kubisiewz, Richard Cook & Ronald Santovito were included. There was no one else present to speak for or against this application.

-- Town Board – No comments

-- Planning Board – “Positive referral with recommendations the site grading

be completed, and Mr. Morrison’s two parcels be combined to reduce the

variance required. It was noted that granting the variance would mean

abandonment of a pre-existing, non-conforming use at 1796 Magog Road

and add a new, improved structure at 2062 Magog Road.”

-- Wayne County Planning Board – No input; do not meet within 30-day

requirement.

-- SEQR – Not required

Z-16-05 – DePuyt – 735 Farmington Road – Area Variance – Sections 135 Attach. 1.1 & 135-61-A – Side setback & size of garage – Jacques DePuyt was present to explain his application. He would like to build a 20’ x 32’ garage addition to house his tractors and lawn equipment. This addition would leave an 8’ side setback and 29’ rear setback. The house is located at the rear of the lot, and building a detached structure would also require a setback variance. No commercial use will be made of the additional space; no animals will be housed. A letter of support was received from the adjoining property owner Robert Bowe. There was no one else present to speak for or against this application.

-- Town Board – No comments

-- Planning Board – No planning issues involved with this request

-- Wayne County Planning Board – Referral not required

-- SEQR – Not required

BOARD DISCUSSION:

Z-15-05 – Morrison – 2062 Magog Road – Area Variance – Section 135-182-B – Small business – Motion made by Carl Eligh, seconded by Ron Santovito, to grant this variance for a small business located on less than 10 acres, contingent upon Special Use Permit being granted. Mr. Jeffries reviewed various Special Uses and required acreages, which vary from 0 to 25. It was noted this business is now operating on 2+ acres and would be moving to 5+ acres. The five factors were reviewed.

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

Z-16-05 – DePuyt – 735 Farmington Road – Area Variance – Sections 135 Attach. 1.1 & 135-61-A – Side setback & size of garage – Motion made by Carl Eligh, seconded by Charles Packard, to grant these variances for a 20’ x 32’ garage addition with side setback to be no closer than 8 feet and rear setback to be no closer than 28 feet. Mr. Gravino pointed out that the adjoining property is wet and unlikely to be developed. Mr. Jeffries noted extenuating circumstances of adjoining the wet area and the angle of the garage (not parallel with the lot line). The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes. Therefore, these variances are granted.

MINUTES:

Motion made by Carl Eligh, seconded by Charles Packard, to approve the 09-21-05 minutes. All in favor; motion carried.

OTHER BUSINESS:

Chairman Jeffries introduced Councilman Dave McEwen as the new ZBA liaison.

ADJOURNMENT:

Motion to adjourn made by John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:12 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board