CLERK’S NOTE: 6/21/06 meeting was delayed until 6/28/06.

ZONING BOARD OF APPEALS

June 28, 2006

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, June 28, 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 Councilman Dave McEwen, Town Engineer Scott Allen and Board Clerk Susan Bush.

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 HEARING:

Z-04-06 – Hauser – 3139 Walworth Road – Area Variance – Section 135 Attachment 1 – Front setback for garage/barn – Clarence Hauser and Karen Wagner were present to explain this request. This residence is an older home (1875) located close to the road and does not have a garage. They would like to construct a 25’ x 50’ detached garage with a small woodworking shop. Front setback for house is 52 ft. vs. 60 ft. required by Code, and garage would align with the front line of the house. Due to curve in road, garage setback would be 48 ft. at its closest point. For safety, Mr. Hauser is planning a “drive-thru” driveway with a second entrance onto the road. Garage would be used for personal vehicles, storage of classic car & boat, and a small woodworking shop. No commercial use would be made of the space. Configuration of house would make it difficult to build an attached garage, and moving the detached building to meet the front setback would block the only windows with a rear view. Building will be metal, 15 ft. to the peak, with two garage doors facing the house and one facing the road. Additionally, there will be windows with shutters and landscaping along the road side. Color will be similar to house.

Mr. Jeffries noted the proposed building extended beyond the front line of the house due to road curve and would need a variance under Section 135-61-B-6. Mr. Hauser then amended his application.

The property owner across Walworth Road spoke in opposition and raised concerns regarding the placement of the garage blocking their view, property values, aesthetics of building and increased drainage due to more pavement. Another attendee questioned the type of construction (pole barn). Mr. Jeffries explained construction method is not an issue for this board to consider. Any drainage issues should be addressed with the Wayne County Highway Department.

∙ Planning Board – Positive referral

∙ Town Board – No issues with request

∙ Wayne County Planning Board – No intermunicipal or countywide impact

∙ SEQR – Not required at this level

There was no one else present to speak for or against this application.

BOARD DISCUSSION:

Z-04-06 – Hauser – 3139 Walworth Road – Area Variance – Sections 135 Attachment I and 135-61-B-6 – Front setback for garage/barn & garage beyond frontline of house – Motion made by John Gravino, seconded by Charles Packard, to grant these variances as presented. Mr. Gravino noted that all buildings in the Hauser’s neighborhood are close to the road, and this building would not be out of line. Mr. Eligh cited other requests the board had granted/denied, and the need to review on a case-by-case basis. Road curve is a mitigating factor. 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 John Gravino, seconded by Charles Packard, to approve the 05-17-06 minutes. All in favor; minutes approved.

ADJOURNMENT:

Motion to adjourn made by John Gravino, seconded by Carl Eligh. All in favor; meeting adjourned at 8:10 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board