TOWN OF MACEDON

ZONING BOARD OF APPEALS

May 27, 2009

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, May 27, 2009, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard and Ronald Santovito. Also present were Town Councilman David McEwen and Board Clerk Susan Bush. Absent was 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 HEARING:

Z-04-09 – Javorowsky – 1207 Victor Road – Area Variance – Section 135-64-B-2 – Front & side setbacks for dog kennel – John & Stacy Javorowsky were present to explain their application for a dog boarding kennel. Their residence is located on approximately 10.1 acres with an existing barn (old horse stable). They would like to use the barn for indoor dog kennels, constructing four (4) 5’ x 10’ kennels housing 6 to 8 dogs, depending on size. The barn is 212 ft. from the side property line and 180 ft. from the road. A wooded area long the side property line provides buffering. The Javorowskys have contacted some of their neighbors, including those across the road, who do not appear to have a problem with the proposal.

· Planning Board – Positive referral with input to be requested from

neighbors of the subject property.

· Town Board – Concurred with the Planning Board

· Wayne County Planning Board – Referral not required

· 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-04-09 – Javorowsky – 1207 Victor Road – Area Variance – Section 135-64-B-2 – Front & side setbacks for dog kennel – A motion was made by Carl Eligh, seconded by John Gravino, to grant a 50 ft. side setback variance and 70 ft. front setback variance per application. Mr. Jeffries pointed out that existing trees and brush would provide some buffering along the side property line.

The five factors were reviewed. Board members felt this would not cause an undesirable change in the neighborhood; project could be achieved by another method (new barn to meet the setback requirements); variance could be substantial; and, there would be no adverse environmental effect.

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

MINUTES:

A motion to approve the 04-22-09 minutes was made by John Gravino, seconded by Carl Eligh. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by John Gravino; seconded by Carl Eligh. All in favor; meeting adjourned at 7:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board