ZONING BOARD OF APPEALS
July 18, 2007
The Town of Macedon Zoning Board
of Appeals meeting was held on Wednesday, July 18, 2007, at the Town Complex, 32 Main Street, Macedon,
NY. Present were Chairman Warren Jeffries and
members Carl Eligh, John Gravino
and Charles Packard. Also present were
Code Enforcement Officer Michael Nelson and Board Clerk Susan Bush. Absent were Ronald Santovito
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-10-07 Wiegel/Kelly 972 Alderman Road
Area Variance Sections 135-61-B-3, B-5, D-2, D-3
Accessory structure (riding ring/barn) larger than allowed, accessory structure
in side yard, street setback Jim Bonsignore,
attorney for the applicant, and Parr Wiegel were
present to explain this request. The
property is an old farm located at the corner of Alderman and Magog Roads with several barns on the property. Two dilapidated barns have been removed, and
the new 60 x 120 barn would replace them.
By definition, a corner lot has no rear yard only front and side; therefore,
a variance is required to put an accessory structure in the side yard. Setback requirement for a barn housing
animals is 100 ft. from the right-of-way.
Applicant does not intend to have horses stabled there; inside area will
be used for riding only with a possible wash station and a hobby/workshop area. A 30 ft. setback was originally requested,
but applicant is willing to move the barn back to observe a 60 ft. setback from
the right-of-way (77 ft. from edge of pavement). This would meet the Code requirement if no
animals are involved. Building will be
white with dark raised seam roof, cupolas and crossbuck
doors in keeping with the area architecture and will restore the look of the
original farmstead. Applicant feels this
will increase the value of his property as well as that of the surrounding properties. Mr. Bonsignore also
stated the barn directly across Alderman
Road had received a variance.
A letter (see file) from the
neighbor at 1004 Alderman Road listed the following concerns: (1) Size of barn; (2) Temporary nature of
horses & manure disposal; (3) Driveway onto Magog
Road; (4) Corner lot/setback; (5) Substantial amount of variance; (6) Building
design. Mr. Bonsignore
addressed these areas: (1) Size is the
result of the amount of area needed to work a horse; (2) Horses will not be
housed in the barn; (3) Magog Road entrance would be
through an existing gate/entrance which was used for years as access to bring
in hay for farm animals; (4) Corner lot has no rear yard; (5) Building would be
beneficial to the community and would be in keeping with the rural/agricultural
nature of the neighborhood.
Mr. Gravino
cited the example of a similar barn on Wilkinson Road which received a variance. Mr. Eligh
questioned the number of horses to be housed.
Mr. Wiegel replied that no horses would be
housed there. He is an inventor, and the
space would be used for his hobby. The
riding ring would add resale value. He
also stated two large, dilapidated farm barns had been removed, and the new
barn would be a replacement for them.
·
Wayne
County Planning Board
1) hardship criteria required to
grant an area variance are substantiated at the local level,
2) if
possible, the buildings front yard setback should at least
meet
existing regulations for residential structures, thereby
keeping in
character with other surrounding developments, 3) manure
should
be properly disposed of and 4) any proposed driveway should
meet
required sight distance.
·
Planning Board Corner lot with 2 front
setbacks; pictures did not
match building elevations; overall positive referral.
·
Town Board No comment
·
SEQR Not required at the local level.
There was no one else present to
speak for or against the granting of these variances.
Z-09-07 Shepardson 1117 Yellow Mills Road Area
Variance Sections 135 Schedule I (Attachment 1) & 135-61-B-5 Front
setback for pole barn & accessory structure in side yard Bruce Shepardson was present to explain his application. The Shepardsons
have a small house built in the 1950s which is 49 ft. from the road with a
small detached one-car garage. They have
two sons who drive, and the additional space is needed to get vehicles out of
the driveway. Topography of the property
makes alternate locations for the barn difficult. Barn will be 24 ft. x 24 ft., vinyl sided to
match the house. Mr. Gravino
questioned a utility easement shown on the survey map. Mr. Shepardson
stated he had verbal approval from the utility company to build over the
easement (buried cable) as long as he did not hit the cable. He also stated a large quantity of fill will
be brought in at the back of the barn so that a retaining wall will not be
necessary.
Chairman Jeffries read a letter
from the neighbor at 1112 Yellow Mills Road (see file) with the following
concerns: (1) Character/appearance of
structure; (2) Third detached structure on property; (3) Utility easement &
permission to build on it; (4) Design of west side foundation wall. Resident requested variance be rejected as proposed.
Mr. Santovito,
who was absent, submitted a note of concern regarding the utility easement (see
file).
·
Planning Board Board had the following
concerns: (1) Confirmation from utility
company regarding easement; (2)
Alternate locations on
some other portion of the property; (3) Third accessory
structure (garage,
shed, pole barn).
·
Wayne
County Planning Board
Referral not required
·
Town Board No comment
·
SEQR Not required
There was no one else present to
speak for or against the granting of these variances.
BOARD DISCUSSION:
Z-10-07 Wiegel/Kelly 972 Alderman Road
Area Variance Sections 135-61-B-3, B-5, D-2, D-3 Accessory structure
(riding ring/barn) larger than allowed, accessory structure in side yard,
street setback A motion was made by John Gravino,
seconded by Carl Eligh, to approve these
variances. Board members had no problem
with the size of the barn. However, they
did have concerns regarding the road setback and felt there was sufficient room
to move the barn. The applicant agreed
to move the barn back to 60 ft. from the right-of-way (77 ft. from the edge of Magog Road
pavement). Mr. Eligh
expressed a desire for the 100 ft. setback required for buildings housing
horses. Mr. Wiegel
explained moving the barn back to that distance would place it very close to an
existing barn (30-35 ft.), and it would block any view of their property from
the house. There is also more slope involved when moving the barn back.
The five factors were
reviewed. An amended motion was made by
John Gravino, seconded by Charles Packard, to approve
these variances for this barn with the Magog Road setback
to be at least 60 ft. from the right-of-way (77 ft. from edge of pavement).
Roll Vote: Eligh yes; Gravino yes; Packard yes; Santovito
absent; Jeffries yes. Therefore,
these variances are granted.
Z-09-07 Shepardson 1117 Yellow Mills Road Area
Variance Sections 135 Schedule I (Attachment 1) & 135-61-B-5 Front setback
for pole barn & accessory structure in side yard A motion was made by
John Gravino, seconded by Charles Packard, to grant
these variances. The question of a third
accessory structure was discussed. Mr. Shepardson explained the existing shed is approximately
5-1/2 ft. x 6-1/2 ft. Chairman Jeffries
stated that buildings less than 100 sq. ft. are not included in the number of
accessory structures, which would be the case here. Mr. Eligh asked to
see plans/elevations for the building.
The applicant did not have them available; however, building will be a
kit from a local lumber/hardware store.
Members would like to see written permission from the utility company regarding
the easement. The five factors were
reviewed.
Roll Vote: Eligh yes; Gravino yes; Packard yes; Santovito
absent; Jeffries yes. Therefore,
these variances are granted.
MINUTES:
A motion to approve the 06-20-07
minutes was made by John Gravino, seconded by Carl Eligh. All in favor;
minutes approved.
ADJOURNMENT:
Motion to adjourn was made by
John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:45 p.m.
Respectfully submitted,
Susan Bush
Clerk to the Board