TOWN OF MACEDON

ZONING BOARD OF APPEALS

October 15, 2014

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, October 15, 2014, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries and members Carl Eligh, Brian Frey, John Gravino and Ronald Santovito.  Also present were Councilwoman Sandy Pagano and Board Clerk Susan Bush.  Absent was Town Engineer/CEO Scott Allen.

 

Chairman Jeffries called the meeting to order at 7:31 p.m.  He then explained the purpose for which the Board serves and read the Legal Notice as it appeared in the Times.

 

PUBLIC HEARINGS:

 

Z-06-14 – VanBortel Chevrolet – 1338 Route 31 – Area Variance – Sections 135-85 & 135-162-B – Front setback and expansion of non-conforming building – Rick Mitchell and Ryan Neu of Mitchell Design were present to address the Board on behalf of the applicant.  This Chevrolet dealership is now under new ownership, and as part of General Motors’ approval process, the building must now be brought up to their corporate standards.  This will include a new faηade, building renovations, six (6) additional service bays, new car delivery area and a service write-up drive-thru.  The parking bumpers which separate the front parking area from Route 31 will be removed, the area pulled back and landscaped with grass.  The building additions for the new car delivery area and service write-up drive-thru will not go any farther forward than the front line of the existing building but would be within the 100 ft. front setback along Route 31.  The existing building is considered non-conforming also due to encroachment within the 100 ft. setback.  Variances are needed for the front setback of the additions and expansion of a non-conforming building.

 

As part of the SEQR process at the County level, a referral was made to the NYS Office of Parks, Recreation & Historic Preservation.  The applicant has received a response stating the project will have no impact on archaeological and/or historic resources.  Ms. Pagano questioned site lighting, and Mr. Mitchell indicated new lighting would be part of the renovations. 

 

·        Wayne County Planning Board – Recommended approval with comments including

receipt of opinion from NYS Office of Parks, Rec. & Hist. Pres., future plans for the

site, building/site aesthetics, screening to mitigate visual & noise impacts.

·        Planning Board – Positive referral

·        Town Board – No comment

·        SEQR – Not required at Appeals level

·        Village of Macedon – Notification sent 09-29-14; no response received.

 

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

 

Z-07-14 – Backus – 3159 Hance Road – Area Variance – Section 135-112-A-10-g – Accessory structure in side yard – Applicant James Backus was present to address the Board.  He would like to place a storage shed (14 ft. x 24 ft.) at the side of his house to store equipment from his lawn business.  Four years ago he received permission to widen his driveway to the side and would utilize that to access the shed. The shed would be 15 ft. back from the front line of his house and 10 ft. away from the side of his house. Mr. Backus stated it would be difficult to place the shed in the rear yard due to the slope of the land, sewer easements and a drainage swale.  The proposed site is the only flat area on his lot.  He also stated that adding onto their existing garage would not be economically feasible at this time.  Karen Backus was also present and explained that a garage addition would overwhelm the front faηade of the house, plus it may block an upstairs window.  Due to the larger size of the lot (.76 acres), the shed would be 39 ft. away from the side lot line.  The adjoining neighbor’s house is another 60 ft. beyond their common property line.

 

·        Wayne County Planning Board – Referral not required

·        Planning Board – Recommended shed should be placed behind the house or an

addition be made to the existing garage

·        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.

 

BOARD DISCUSSION:

 

Z-06-14 – VanBortel Chevrolet – 1338 Route 31 – Area Variance – Sections 135-85 & 135-162-B – Front setback & expansion of non-conforming building – A motion was made by John Gravino, seconded by Carl Eligh, to approve the variances as submitted.  Board members noted the proposed front additions would not come any closer to Route 31 than the existing building.  Mr. Santovito felt the proposed renovations would be more “customer friendly”.

 

The five factors were reviewed:  There would be no undesirable change in the character of the neighborhood; the benefit sought could not be achieved by some method other than a variance; variances requested are substantial; there would be no adverse physical or environmental effects; difficulty was self-created.

 

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

 

Z-07-14 – Backus – 3159 Hance Road – Area Variance – Section 135-112-A-10-g – Accessory structure in side yard – A motion was made by Carl Eligh, seconded by Ron Santovito, to approve the variance as submitted.  Mr. Eligh pointed out there were special circumstances with this lot due to the topography and drainage issues making it infeasible to put the shed behind the house.  The proposed site is the only flat/dry area.  Mr. Eligh also noted this is a large lot.

 

The five factors were reviewed:  There would be no undesirable change in the character of the neighborhood; the benefit sought could be achieved through another method; variance requested is substantial; there would be no adverse physical or environmental effects; difficulty was self-created.

 

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

 

 

 

 

MINUTES:

 

A motion to approve the 06-18-14 minutes was made by John Gravino, seconded by Brian Frey.  All in favor; minutes approved.

 

ADJOURNMENT:

 

A motion to adjourn the meeting was made by Carl Eligh, seconded by Ron Santovito.  All in favor; meeting adjourned at 8:17 p.m.

 

Respectfully submitted,

 

 

 

Susan Bush

Clerk to the Board