TOWN OF MACEDON

TOWN OF MACEDON

ZONING BOARD OF APPEALS

August 17, 2011

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 17, 2011, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh and Ronald Santovito. Also present was Board Clerk Susan Bush. Absent were John Gravino and Town Councilwoman Sandy Pagano.

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-05-11 – Biery – 505 Tanner Lane – Area Variance – Section 135 Schedule I – Front & side setbacks – Nathan Biery was present to explain his application. The Bierys have a growing family and need additional living space in their home. They would like to convert the existing garage into living space and build a new garage on the front/east side of the house. The garage addition would require side setback (2 ft.) and front setback (29.5 ft.) variances. The house will look similar to a neighboring residence at 494 Tanner Lane, which had a variance granted for its expansion. Two Board members asked if there was a drainage easement on the east side of the Biery property. Property owner was not aware of any easement.

Planning Board – Positive referral
Wayne County Planning Board – Returned to the Town to be handled as a

local matter

Town Board – Representative absent
SEQR – Not required at Appeals level

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

Z-06-11 – Smith – 2321 Vandy Drive – Area Variance – Section 135 Schedule I – Front setback – Mitchell Smith was present to explain his application. Mr. Smith has a Cape Cod style house with a small concrete stoop on the front. He would like to remove the stoop and build an open porch (7 ft. wide x 35 ft. long) across the front of his house. The front setback for his house is 61 ft., and he would like a 7 ft. variance to accommodate the new porch. Construction will be wood or composite on concrete footers.

Planning Board – Positive referral
Wayne County Planning Board – Referral not required
Town Board – Representative absent
SEQR – Not required at Appeals level

Another family member was present supporting Mr. Smith’s request. There was no one else present to speak for or against the granting of this variance.

Z-07-11 – DePuy – 1248 Wayneport Road – Area Variance – Sections 135-162-B & 135 Schedule I – Addition to non-conforming building & side setback – Adam DePuy was present to explain his application. The DePuys would like to add a dining area on the front of their house to accommodate their growing family. The house was built in 1924 and pre-dates any zoning codes. Present side setback is 13.5 ft., which makes the house a non-conforming building. The addition will maintain that same side setback. Front setback is well within Code requirement.

Planning Board – Positive referral
Wayne County Planning Board – Referral not required
Town Board – Representative absent
SEQR – Not required at Appeals level

Another family member was present supporting Mr. DePuy’s request. There was no one else present to speak for or against the granting of these variances.

BOARD DISCUSSION:

Z-05-11 – Biery – 505 Tanner Lane – Area Variance – Section 135 Schedule I – Front & side setbacks – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant these variances per the application. Members noted there were other residences in the same neighborhood which had similar setbacks.

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

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

Mr. Jeffries asked the Board Clerk to send a request to the Building Inspector/CEO to ascertain if there is a drainage easement on this property which may interfere with the project.

Z-06-11 – Smith – 2321 Vandy Drive – Area Variance – Section 135 Schedule I – Front setback – A motion to grant this variance per the application was made by Aaron Cook, seconded by Carl Eligh. Board members noted similar variances had been granted in that neighborhood.

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

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

Z-07-11 – DePuy – 1248 Wayneport Road – Area Variance – Sections 135-162-B & 135 Schedule I – Addition to non-conforming building & side setback – A motion was made by Carl Eligh, seconded by Ron Santovito, to grant these variances per the application. Members noted the house and lot lines were determined prior to the implementation of zoning codes.

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

MINUTES:

A motion to approve the 07-20-11 minutes was made by Carl Eligh, seconded by Aaron Cook. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Aaron Cook, seconded by Ron Santovito. All in favor; meeting adjourned at 8:15 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board