TOWN OF MACEDON

ZONING BOARD OF APPEALS

August 20, 2009

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 19, 2009, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino and Charles Packard. Also present were Town Councilman David McEwen and Board Clerk Susan Bush. Absent were Ronald Santovito 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-06-09 – DePew – 1501 Victor Road – Area Variance – Section 135 Schedule I – Side & rear setback for shed – Applicant Robert DePew was present to explain his request. He would like to place a 12’ x 12’ prefabricated shed on the northeast corner of his property, approximately 4 ft. off the north property line and 10 ft. from the east property line. With this placement, the pool and pool deck would shield the view of the shed from the road, and a large tree would shield the view from the eastern neighbor. Mr. DePew stated he had contacted the adjoining neighbors, and they are in agreement with his request. He presented a letter signed by the property owners at 1493 Victor Road, 1507 Victor Road and 1240 West View Circle. Mr. Jeffries asked why this particular location was chosen instead of the other side of the property, which is open space. Mr. DePew responded that he would like to maintain the other side as an open area.

· Planning Board – No concerns with the application

· Town Board – Concurred with the Planning Board

· Wayne County Planning Board – Referral not required

· SEQR – Not required at Appeals level

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

Z-07-09 – Townsend Oil Corp. – 922 Route 31F – Area Variance – Section 135-89-B-6-b – Setback for bulk petroleum storage facility – Bryan Bray from Townsend Oil Corp. was present to explain this request. Townsend Oil would like to build a bulk fuel storage facility (5 tanks/110,000 gallons total capacity maximum) on their property. They have been working with New York State DEC to find a suitable area due to the surrounding wetlands. The proposed site is 7.2 ft. from the property line to the containment wall and 14.8 ft. to the closest tank. Code requirement is 25 ft. The containment wall is approximately 3-1/2 ft. in height, and the containment area must be large enough to hold 110% of the largest tank’s capacity. As part of this project, an existing concrete pad will be removed and a metal building will be relocated. New construction will be the bulk tanks, containment area, three (3) loading lanes, and an overhead canopy with catwalk & loading boom. A DEC letter concurring with this request and a letter of support from the adjoining neighbor (Alpco Recycling) have been received. Mr. Eligh questioned the dimensions of the containment area and asked if the overall area could be changed. Mr. Bray responded that there are very specific requirements for this safety feature, and the design presented was the best option due to the wetlands and an existing propane tank.

· Planning Board – No concerns with this application

· Town Board – Concurred with the Planning Board

· Wayne County Planning Board – Recommended approval

with conditions: (1) All applicable NYS DEC, Army Corps

of Engineers & FEMA flood zone regulations must be met

based on proximity of NYS DEC and national wetland as

well as FEMA flood zone areas, and (2) The hardship

criteria required to grant the area variance must be sub-

stantiated at the local level.

· SEQR – Not required at the Appeals level

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

Z-08-09 – Lupien – 2351 Canandaigua Road – Area Variance – Section 135 Schedule I – Side setback for attached garage – Robert Dentico, contractor for the applicant, was present to explain this request. This is an older home, without a garage, that is set on the corner of its lot with approximately 30 ft. to the north property line. Due to the location of the septic system, gas line/meter and a large tree on the south side of the house, the appropriate location for a garage is on the north side. The proposed garage would be single story, 23 ft. wide X 30 ft. long, leaving 6± ft. to the property line. Mr. Dentico presented photographs of the property to illustrate his presentation, and noted that a neighbor’s shed is only a few feet from the property line. He also explained the property had been allowed to deteriorate over the last several years, and the new owner is attempting to clean it up and renovate it, including the addition of a garage. As part of the garage project, the existing gravel driveway will be regraded. Roof discharge water will not be directed off the property.

· Planning Board – Board gave a positive referral with concerns

to be noted regarding input from the adjoining neighbors, possible

buffering if none exists (trees) and discharge of water from the

garage roof (not directed onto neighbors’ properties).

· Town Board – Concurred with Planning Board

· Wayne County Planning Board – Referral not required

· SEQR – Not required at Appeals level

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

BOARD DISCUSSION:

Z-06-09 – DePew – 1501 Victor Road – Area Variance – Section 135 Schedule I – Side & rear setback for shed – A motion was made by Carl Eligh, seconded by John Gravino, to deny the variance per the application. Board members felt there were other options for the shed placement to avoid a 4 ft. setback; i.e., moving the shed forward or rotating it. Homeowner did not feel rotating the shed was an acceptable alternative.

The five factors were reviewed. It was noted that a neighbor’s shed met the setback requirements; the applicant could accomplish the desired result through another method; and, the variance was substantial.

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

Applicant Robert DePew then asked to amend his application and have the Board re-open his piece of business.

A motion to re-open the application (Z-06-09) was made by John Gravino, seconded by Carl Eligh. All in favor; motion carried. Mr. DePew then amended his application to request 10 ft. side and rear setbacks.

A motion was made by Carl Eligh, seconded by John Gravino, to grant this variance for a 10 ft. side and 10 ft. rear setbacks per amended application.

The five factors were reviewed. Amended request is within reason. Applicant could accomplish the desired result through another method.

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

Z-07-09 – Townsend Oil Corp. – 922 Route 31F – Area Variance – Section 135-89-B-6-b – Setback for bulk petroleum storage facility – A motion was made by John Gravino, seconded by Carl Eligh, to grant this variance per the application. Chairman Jeffries pointed out that the Code considers the setback distance as that from the nearest storage tank to the property line (14.8 ft.). Mr. Eligh pointed out the applicant has few options, and changing the containment footprint would not give them the capacity required.

The five factors were reviewed. Board felt there would be no undesirable change in the neighborhood; there was no other method available to accomplish the same result; variance was substantial; NYS DEC supports this request.

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

Z-08-09 – Lupien – 2351 Canandaigua Road – Area Variance – Section 135 Schedule I – Side setback for attached garage – A motion was made by Carl Eligh, seconded by John Gravino, to deny this variance per the application. Board members discussed the large variance requested and felt a 10 ft. variance would be more in character with the neighborhood and there were other options available.

Councilman McEwen exited the meeting at 8:30 p.m. due to another commitment.

A motion was made by Carl Eligh, seconded by John Gravino, to withdraw the previous motion. All in favor; motion carried.

A motion was made by Carl Eligh, seconded by John Gravino, to grant a variance of 15 ft. for a 10 ft. setback from the side property line for an attached garage.

The five factors were reviewed: No undesirable change in the neighborhood; other options were available; variance was not substantial.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – absent; Jeffries – yes. Therefore, this variance for a 10 ft. side setback is granted.

MINUTES:

A motion to approve the 05-27-09 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 8:45 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board