TOWN OF MACEDON

ZONING BOARD OF APPEALS

July 18, 2012

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, July 23, 2012, 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 Town Councilwoman Sandy Pagano and Board Clerk Susan Bush.  Absent was Code Enforcement Officer Aron Thompson.

 

Mr. Jeffries called the meeting to order at 7:28 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-11-12 – Wilson – 3140 Peacock Circle – Area Variance – Section 135-112-A-10-f – Side setback for accessory structure – Applicant Joel Wilson was present to address the Board.  He would like to put an 8’ x 8’ shed in the back corner of his property.  This location would require an 8 ft. variance from the rear property line and a 5 ft. variance from the side property line.  To meet the requisite 10 ft. setback, the applicant would have to place his shed in a drainage swale which runs across the property.  Mr. Wilson presented pictures of the swale with the area marked where the shed would have to be placed in order to meet the setback requirements.  He also presented pictures of his proposed location near the rear property line, and noted that the rear property line is bordered by woods and a farm field.  When asked, Mr. Wilson indicated that the adjacent homeowners are aware of his request.

 

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

 

There was no one else present to speak for or against this application.

 

BOARD DISCUSSION:

 

Z-11-12 – Wilson – 3140 Peacock Circle – Area Variance – Section 135-112-A-10-f – Side setback for accessory structure – A motion was made by Ron Santovito, seconded by Aaron Cook, to grant the variance per the application.  Board members discussed the constraints imposed by the drainage swale and the size of the rear yard.  Mr. Eligh felt other residents in that area had met the required setbacks for their pools and sheds, including lots with drainage easements.  He also felt there was a location on this lot where a shed could be placed without requiring a variance.

 

The five factors were reviewed:  Mr. Eligh felt this would be an undesirable change in the character of the neighborhood; the benefit could be achieved by another method; the variance was substantial; there would be an adverse impact on the environmental conditions in the neighborhood; and the difficulty was self-created.

 

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

 

MINUTES:

 

Clerk’s Note:  In the 06-20-12 minutes, Public Hearings section, application PB-09-12 – Hansen (Marvin) should be corrected to Z-09-12 – Hansen (Marvin).

 

A motion was made by Carl Eligh, seconded by John Gravino, to approve the 06-20-12 minutes with the following amendment:

 

PUBLIC HEARINGS:

 

Z-09-12 – Hansen (Marvin) – 1005 Victor Road – Interpretation

 

(Item to be inserted as the last comment in the public hearing prior to Wayne County Planning Board referral)

 

Carl Eligh asked Mr. Hansen if he had a photo of the blocks/boulders that he had stated were on his property.  Mr. Hansen presented the photo, and Mr. Eligh then asked Mr. Hansen to show the location of the property line, where the blocks/boulders were, and if they were on his property or Mr. Marvin’s property.  Mr. Hansen stated they were on Mr. Marvin’s property/right-of-way.

 

All in favor; minutes approved.

 

ADJOURNMENT:

 

A motion to adjourn the meeting was made by John Gravino, seconded by Ron Santovito.  All in favor; meeting adjourned at 7:50 p.m.

 

Respectfully submitted,

 

 

Susan Bush

Clerk to the Board