TOWN OF MACEDON

ZONING BOARD OF APPEALS

December 15, 2010

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, December 15, 2010, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh, John Gravino and Ronald Santovito.  Also present were Councilwoman Sandy Pagano 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 HEARINGS:

 

Z-06-10 – Beckenbach (Newcomb Oil) – 1116 Route 31 – Area Variance – Sections 135-162-B & 135 Schedule I – Expansion of non-conforming building & front setback – Applicant James Beckenbach and engineer Don Lewis of AEY were present to explain this request.  Mr. Beckenbach has a purchase offer on the Newcomb Oil property and will be moving his business (Infinite Audio) there in the near future.  A building elevation was displayed showing a 2100 sq. ft. addition on the west end of the present building. The existing overhead doors will be used as a drive-thru for access to a new work area in the rear, and the front portion of the addition will be used as showroom space.  The current retail area will be used as rental space for another tenant.  A second 900 sq. ft. addition on the east end of the building has been eliminated from the plan.  The front line of the addition will match that of the current structure, and the front setback is comparable to that of an adjacent restaurant.  Existing fuel island, canopy and fuel tanks will be removed from the site with proper abatement done.  Living quarters in the current structure will remain as is.

 

  • Planning Board – No opinion due to lack of information about the project
  • Wayne County Planning Board – Did not meet
  • Town Board – No comment
  • SEQR – Not required at Appeals level

 

There was no one else present to speak for or against the granting of these variances.

 

Z-07-10 – Keller – 815 Quaker Road – Area Variance – Section 135 Schedule I – Side setback – Applicant Joseph Keller was present to explain this request.  The subject property is being subdivided into two lots making a flag lot in the rear (Lot #2).  The applicant would like to have a 30 ft. road frontage on Lot #2, which would allow separate driveways/access for each lot.  In order to do this, a 5 ft. variance (70 ft. vs. 75 ft. Code) is needed for the side setback for the existing building on Lot #1.

 

  • Planning Board – Positive referral
  • Wayne County Planning Board – Did not meet
  • Town Board – No comment
  • SEQR – Not required at Appeals level

 

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

 

Z-08-10 – Hyde – 811 Turner Road – Area Variance – Section 135-61-B-3 – Accessory structure larger than primary structure – Applicant Richard Hyde was present to explain his request.  He would like to put a 28’ x 36’ extension on his existing pole barn.  For now this would be an open structure used to protect some of his larger items with plans to enclose it in the future.  Mr. Hyde received a variance for the size of the existing barn (Z-07-07); however, the doors are not high enough to accommodate one of his trailers and a dump truck.  A drop in grade will allow the proposed addition to have larger openings even though the roofline will be lower than the main structure.  In response to the Chairman’s questions, Mr. Hyde stated he does not operate a commercial enterprise, and the pieces of equipment to be stored are his personal items.

 

The owners of an adjoining property were present to speak against the granting of this variance.  They are concerned with the visibility of the structure and felt it would be detrimental to their property value.  Photographs were presented to support their position.  They felt the opposite end of the barn would be a better location for the addition.

 

  • Planning Board – Gave a positive referral; suggested closed sides on the

structure instead of open.

  • Wayne County Planning Board – Did not meet
  • Town Board – No comment
  • 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-06-10 – Beckenbach (Newcomb Oil) – 1116 Route 31 – Area Variance – Sections 135-162-B & 135 Schedule I – Expansion of non-conforming building & front setback – A motion was made by John Gravino, seconded by Carl Eligh, to grant these variances per the revised application eliminating 900 sq. ft. of addition.

 

The five factors were reviewed:  No undesirable change in the character of the neighborhood; benefit could be achieved by another method; variance could be considered substantial; no adverse environmental impact; difficulty was self-created.

 

Roll Vote:  Cook – yes; Eligh – yes; Gravino – yes; Santovito – yes; Jeffries – yes.  Therefore, these variances are granted.

 

Z-07-10 – Keller – 815 Quaker Road – Area Variance – Section 135 Schedule I – Side setback – A motion to grant this variance per the application was made by Ron Santovito, seconded by John Gravino.

 

The five factors were reviewed:  No undesirable change in the character of the neighborhood; benefit could not be achieved by another method; variance was not substantial; no adverse environmental impact; difficulty was self-created.

 

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

 

Z-08-10 – Hyde – 811 Turner Road – Area Variance – A motion to deny this variance was made by John Gravino, seconded by Carl Eligh.  Mr. Jeffries questioned the construction of a separate storage building instead of adding to the existing structure.  However, there are currently two (2) accessory structures on the property, and a third structure would also require a variance.  Mr. Hyde then stated he was unaware of the neighbors’ concerns and that they would be able to see his equipment no matter where it was stored on his property.  He added that building on the opposite end of the barn in question would require a lot of excavation to get the height necessary to accommodate his equipment.

 

The five factors were reviewed:  There are similar structures in the neighborhood; result could be achieved by another method other than a variance; possible physical impact on the neighborhood; variance was substantial; difficulty was self-created.

 

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

 

MINUTES:

 

A motion was made by John Gravino, seconded by Carl Eligh, to approve the 10-20-10 minutes.  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 8:25 p.m.

 

Respectfully submitted,

 

 

 

Susan Bush

Clerk to the Board