TOWN OF MACEDON

ZONING BOARD OF APPEALS

February 20, 2008

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, February 20, 2008, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, Charles Packard and Ronald Santovito. Also present were Councilman David McEwen and Board Clerk Susan Bush. Absent were John Gravino and Code Enforcement Officer Michael Nelson.

Mr. Jeffries called the meeting to order at 7:30 p.m.

BOARD DISCUSSION:

Z-19-07 – Oswald – 102 Wilkinson Road – Area Variance – Section 135-64-J-1 – In-law addition larger than allowed by Code – The Wayne County Planning Board referral was received. They “recommended approval of the area variance with the following conditions: 1) NYS Uniform Fire Prevention and Building Code is met (ensure there is required access to the proposed addition and verify there is a safe separation distance between the existing barn and proposed addition) and 2) the hardship criteria required to grant the area variance must be met at the local level.”

A motion to grant this variance as presented was made by Carl Eligh, seconded by Charles Packard. Ron Santovito questioned the Fire Code reference relative to distance between proposed addition and adjacent barn. An amended motion was made by Carl Eligh, seconded by Charles Packard, to grant this variance on the condition that NYS Uniform Fire Prevention and Building Code are met for distance between the addition and the barn. Mr. Jeffries was concerned about the size of the variance, and the applicant had not presented any extenuating circumstances requiring this size, such as handicap accessibility, etc. Granting the variance would set a precedent that could, in effect, change the zoning law.

The five factors were then reviewed. Board members felt the variance requested could be accomplished by another method (conversion to duplex); was very substantial; could have future impact on the physical or environmental conditions in the neighborhood; was self-created.

Roll Vote: Eligh – no; Gravino – absent; Packard – no; Santovito – no; Jeffries – no. Therefore, this variance is denied.

OTHER BUSINESS:

Prompted by the Oswald application, Wayne County Planning Board suggested the Town may want to review the Code requirements for in-law additions for future housing demands, given changing age demographics in the U.S. Councilman McEwen will address this with the Town Board.

MINUTES:

A motion to approve the 01-16-08 minutes was made by Carl Eligh, seconded by Ron Santovito. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by Carl Eligh, seconded by Charles Packard. All in favor; meeting adjourned at 7:56 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board