TOWN OF MACEDON

ZONING BOARD OF APPEALS

December 19, 2012

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, December 19, 2012, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Aaron Cook, Carl Eligh and Ronald Santovito. Also present were Town Councilwoman Sandy Pagano and Board Clerk Susan Bush. Absent was Code Enforcement Officer Scott Allen.

Chairman Jeffries called the meeting to order at 7:30 p.m. He then explained the purpose for which the Board serves and read the Legal Notice as it appeared in the Times.

PUBLIC HEARING:

Z-13-12 – Pergolizzi – 1747 Walworth Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – Applicant Anthony Pergolizzi was present to address the Board regarding this request. The Pergolizzis would like to have a day care in their home, and one of the conditions to become an approved day care is that no gasoline may be stored in their attached garage. This prohibition includes gasoline contained in vehicles and equipment such as lawn mowers, snow blowers, etc. Therefore, the Pergolizzis would like to place an 8’ x 16’ shed next to their driveway to store these items. Mr. Pergolizzi presented additional information regarding the State requirements. He stated that having the shed located next to his driveway would allow easier access to his snowblower, lawn equipment and motorcycle. If he were to put the shed in the rear yard, it would be difficult to get to those items due to the slope of his lawn and lack of a driveway. Mr. Pergolizzi indicated he has spoken with his neighbors at 1741 and 1757 Walworth Road and submitted statements of support from them.

Board members questioned whether the applicant had considered adding a storage area to their existing one-car garage or placing the shed at the side of the garage. Mr. Pergolizzi stated that a garage addition was not feasible at this time. He further stated putting the shed at the side of the garage would be difficult due to an existing row of pine trees, and placing it there would cut off the access to the rear yard.

• Town Board – No comment
• Planning Board – Negative referral; they felt there was adequate room for the

shed to be placed in the side or rear yard.

• Wayne County Planning Board – Returned to Town to be handled as a local

matter; no intermunicipal or countywide impact.

• SEQR – Not required at the Appeals level

Statements of support were received from the neighbors at 1741 and 1757 Walworth Road. There was no one else present to speak for or against granting this variance.

BOARD DISCUSSION:

Z-13-12 – Pergolizzi – 1747 Walworth Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – A motion to deny the variance was made by Carl Eligh, seconded by Ron Santovito. Board members then discussed the front setback for the proposed shed (45 ft. vs. 60 ft. required by Code) and that there was nothing comparable in the area. They felt the shed could be located in the side yard requiring a less substantial variance.

The five factors were reviewed. The Board members felt there would be an undesirable change in the character of the neighborhood; the benefit sought could be achieved by another method; the variance was substantial; there could be a physical impact in the neighborhood; the difficulty was self-created.

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

MINUTES:

A motion to approve the 11-28-12 minutes was made by Carl Eligh, seconded by Aaron Cook. All in favor (Gravino absent); minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Carl Eligh, seconded by Aaron Cook. All in favor (Gravino absent); meeting adjourned at 8:13 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board