TOWN OF MACEDON

ZONING BOARD OF APPEALS

September 18, 2013

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, September 18, 2013, 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 was Board Clerk Susan Bush. Absent were Town Councilwoman Sandy Pagano and Town Engineer/CEO 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-09-13 – Poland – 203 Wilkinson Road – Area Variance – Section 135-39-A – Fence taller than allowed by Code – Applicant John Poland was present to address the Board. He explained that he has a “flag” lot behind another residence and would like to install a 6-1/2 ft. fence (vs. 4 ft. allowed by Code) in his front yard to delineate between the properties and provide more privacy. He pointed out that the neighbor in front could put up a 6-1/2 ft. fence in their back yard without a variance. The fence would be a solid wood style, 2-3 ft. from the property line and 70-75 ft. in length along the front property line and 50 ft. along the side property line. The side section of fence would also act as a wind/snow barrier in the winter. A Board member questioned whether planting trees could be done instead of the fence, and Mr. Poland explained they had planted some trees on the other side of the property but had trouble maintaining them.

The neighbors from 195 Wilkinson Road were also present to speak regarding this request. They understood the need for privacy. In their neighborhood there are three homes within 300 ft., all facing different directions. They supported the Poland’s desire for a privacy fence but would rather see trees along their joint property line instead of a fence and would consider splitting the cost for trees. They also felt trees would help as a snow barrier.

A letter was received from the neighbor at 205 Wilkinson Road stating they did not have a problem with the erection of a fence.

· Planning Board – Postive referral for this action

· Wayne County Planning Board – Referral not required

· SEQR – Not required at Appeals level

· Town Board – Representative absent

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

BOARD DISCUSSION:

Z-09-13 – Poland – 203 Wilkinson Road – Area Variance – Section 135-39-A – Fence taller than allowed by Code – A motion was made by Carl Eligh, seconded by Aaron Cook, to deny the variance per the application. Board members discussed other options such as trees and/or a berm to achieve the same benefit and noted other homes in this neighborhood have trees buffering their properties.

The five factors were reviewed: There could be an undesirable change in the character of the neighborhood and/or detriment to nearby property; the benefit sought could be achieved by another method; requested variance was substantial; there could be an adverse effect or impact on the physical and/or environmental conditions in the neighborhood; difficulty was self created.

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

MINUTES:

A motion to approve the 08-21-13 minutes was made by Aaron Cook, seconded by Ron Santovito. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Ron Santovito, seconded by Carl Eligh. All in favor; meeting adjourned at 8:02 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board