TOWN OF MACEDON

ZONING BOARD OF APPEALS

December 17, 2008

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, December 17, 2008, at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries, members Carl Eligh, Charles Packard, Ronald Santovito and Board Clerk Susan Bush.  Absent were John Gravino, Town Councilman David McEwen and Code Enforcement Officer Michael Nelson.

 

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-09-08 – VanEtten – 2157 Barnes Road – Area Variance – Section 135-182-B – Small business on lot less than required acreage – Thomas and Joanne VanEtten were present to explain their request to operate a small business (sale of coal & coal stoves) from their residence.  Town Code requires 10 acres for a small business, and the VanEttens have 9.05 acres.  The business started out as a group of friends who would split loads of coal for their personal use.  With rising energy costs, the business expanded, and they now have three (3) semi-trailers (700+ ft. from the road) for coal storage & weighing.   Signs advertising the business have been removed, in keeping with their applications to the ZBA and to the Town Board for a Special Use Permit.  No stove inventory is kept on hand.  Customers interested in coal stoves are given pamphlets describing products available from other sources.  Hours for coal sales are Saturday 8:00 a.m. to 4:00 p.m., as well as Tuesday and Thursdays from 6:00 p.m. to 9:00 p.m.  Customers use the existing driveway, with 4-5 customers on week nights and 10-15 customers on Saturday in the winter months.  Mr. VanEtten stated they had discussed the business with their surrounding neighbors when they started in 2006, and no objections were raised.  They will provide letters of support as part of their Special Use application if a variance is granted.

 

·         Wayne County Planning Board – No intermunicipal or countywide

impact; returned to the Town to be handled as a local matter.

·         Planning Board – Positive referral

·         Town Board – Accepts the Planning Board’s recommendation

·         SEQR – Not required at Appeals level

 

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

 

Z-10-08 – Cafalone – 1214 Victor Road – Area Variance – Section 135-182-B – Small business on lot less than required acreage – Brian Cafalone was present to explain his request to operate a small business (landscaping & lawn maintenance) at his residence.  Town Code requires 10 acres, and Mr. Cafalone has 5.89 acres.  He stated he has operated a small landscaping business for 14 years, moving to this property in August, 2008.  He currently has a mowing crew of two employees who arrive in the morning, pick up equipment, are gone all day and return at night.  Another crew works with him.  His clients are primarily in the Macedon/Fairport/Penfield area.  No customers come to his residence.  During the winter months, he plows snow.  Plow trucks are kept at the drivers’ residences, except for a diesel truck which must be plugged in to electric. Since buying the Victor Road property, Mr. Cafalone stated he has improved the landscaping, removed a decaying horse fence and reseeded the pasture.  He has also poured a concrete floor in the existing barn (8,250 sq. ft.), and all of his equipment can be stored inside.  None of his equipment, even if outside, is visible from the road.  There will be occasional deliveries of fuel, mulch & stone.  The mulch & stone would be stored behind the barn until they are moved out to job sites.  None of these would be visible from the road.  Mr. Cafalone also pointed out that the previous owner of his property ran a commercial stable there.

 

The resident at 1224 Victor Road then addressed the Board in support of this request.  He stated Mr. Cafalone had improved the property, and there was less noise than the previous operation with no animal “by-products”.  All equipment is properly stored.

 

Three letters of support were received from residents at 1200, 1207 and 1224 Victor Road.

 

·         Wayne County Planning Board – No intermunicipal or countywide

impact; returned to the Town to be handled as a local matter.

·         Planning Board – Positive referral

·         Town Board – Accepts the Planning Board’s recommendation

·         SEQR – Not required at the Appeals level

 

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

 

BOARD DISCUSSION:

 

Z-09-08 – VanEtten – 2157 Barnes Road – Area Variance – Section 135-182-B – Small business on lot less than required acreage – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant this variance contingent upon a Special Use Permit being approved by the Town Board.  Board members discussed the size of the parcel (9 acres vs. 10 acres required); storage/pickup area is 700+ ft. from the road; and, operation is not visible from the road.  The hours of operation were also discussed with clarification given that the Town Code states 7:00 a.m. to 7:00 p.m.  The five factors were reviewed.  Members felt it would not change the character of the neighborhood, and the variance was not substantial. 

 

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

 

Z-10-08 – Cafalone – 1214 Victor Road – Area Variance – Section 135-182-B – Small business on lot less than required acreage – A motion was made by Carl Eligh, seconded by Charles Packard, to grant this variance contingent upon a Special Use Permit being approved by the Town Board.  Board members discussed the size of the variance, but felt this was mitigated by the fact the applicant does not have customer traffic coming to his property.  The five factors were reviewed.  Board members felt this would not create an undesirable change in the neighborhood as evidenced by neighbors’ statements regarding the improvements that have been made.

 

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

 

MINUTES:

 

A motion to approve the 11-19-08 minutes was made by Carl Eligh, seconded by Charles Packard.  All in favor; minutes approved.

 

ADJOURNMENT:

 

A motion to adjourn was made by Charles Packard, seconded by Carl Eligh.  All in favor; meeting adjourned at 8:30 p.m.

 

Respectfully submitted,

 

 

 

Susan Bush

Clerk to the Board