TOWN OF MACEDON

ZONING BOARD OF APPEALS

December 16, 2009

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, December 16, 2009, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard & Ronald Santovito and Board Clerk Susan Bush. Absent were 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 HEARING:

Z-10-09 – Clark – 3185 & 3207 Route 350 – Area Variance – Section 135-112-A-10-c – Front setback for proposed residence – Applicant Howard Clark and his representative Tim Vollinger of John A. Green & Associates were present. The applicant is resubdividing two lots with existing houses to create a third vacant lot (Lot 2) in the middle. They would like to extend a sewer lateral across the three lots, and the easement would interfere with meeting the 60 ft. required front setback for the proposed house on Lot 2. A 10 ft. variance is being requested for a front setback of 50 ft. The corresponding setbacks for the existing houses on Lots 1 and 3 are 46+ ft. and 23+ ft., respectively. Mr. Vollinger presented a revised map which illustrated these dimensions. He also explained that placing the house behind the easement would not be the best option as that area of the lot is lower and tends to be wet. Subdivision approval was granted by the Planning Board on 12-14-09.

· 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 – Representative absent

· SEQR – Not required at Appeals level

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

BOARD DISCUSSION:

Z-10-09 – Clark – 3185 & 3207 Route 350 – Area Variance – Section 135-112-A-10-c – Front setback for proposed residence – A motion to grant this variance as submitted was made by John Gravino, seconded by Charles Packard. Board members felt this was a reasonable request due to the shorter setbacks of the two adjacent houses, and the subject variance would be for one lot, not a large development.

The five factors were reviewed. Board members felt there would be no change in the neighborhood, citing the existing houses which are closer to the street, and the extenuating circumstance of the sewer easement.

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

MINUTES:

A motion to approve the 08-20-09 minutes was made by Carl Eligh, seconded by John Gravino. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by John Gravino, seconded by Ron Santovito. All in favor; meeting adjourned at 7:45 p.m,.

Respectfully submitted,

Susan Bush

Clerk to the Board