TOWN OF MACEDON

ZONING BOARD OF APPEALS

August 16, 2017

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 16, 2017, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries and Board members Carl Eligh, Brian Frey, and Ronald Santovito.  Also present was Board Clerk Brandi Schutt.  Absent were Town Engineer/CEO Scott Allen and Town Councilman Bruce Babcock.

 

Chairman Jeffries called the meeting to order at 7:38 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-04-17 – Depew – 1010 Wayneport Road – Area Variance – Sections 135-61-B-5 – Accessory structure in front yard – Home owner Stephen Depew was present to address the Board.  Mr. Depew described the project as being a twenty four by twenty four detached garage in his front and side yard. Mr. Depew plans to use the new structure to hold items such as; three vehicles and lawn tractors, as well as storage. Mr. Depew described how he didn’t want to disrupt the root system to all of his trees in his back yard by building it there.

 

Mr. Depew addressed questions from the board about the potential new structure; how far from the road it is, would the front of the new garage be facing his driveway, if the back yard sloped, and if the septic was in the rear yard. The new structure would be 95 feet from the center of the road and would face the driveway. Mr. Depew also described how the back yard is sloped and the septic is in the rear. He said he considered tearing down the existing garage or even expanding it but it was not something he could financially do. Chairman Warren Jeffries asked if he plans on keeping animals in the new structure and if it would be used for commercial use. Mr. Depew answered no to both of those questions.

 

•       Wayne County Planning Board – Referral not required

•       Planning Board – Gave a positive referral

•       Town Board – No comment

•       SEQR – Not required at Appeals level

 

There was no one else to speak for or against the granting of these variances.  The public hearing was closed at 7:55 p.m.

 

BOARD DISCUSSION:

 

Z-04-17 – Depew – 1010 Wayneport Road – Area Variance – Sections 135-61-B-5 – Accessory structure in front yard – A motion was made by Ron Santovito, seconded by Carl Eligh, to approve the variance as submitted in the application.  Board members discussed how they did not feel comfortable granting this variance and that there are other ways to achieve what is looking to be done. Chairman Warren Jeffries stated that Mr. Depew just has to attach the new structure to his existing garage and then he will not need a variance. Board member Ron Santovito commented that the structure is not in the front yard when looking at the projection line in front of the house. Chairman Warren Jeffries responded by saying accessory structures have to be behind the back line of the house. Board members commented on how Mr. Depew can put the structure where he wants it as long as he connects it to the existing garage with a walkway such as a sidewalk with a framed canopy roof.

 

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

 

Roll Vote:  Eligh – no; Frey – no; Santovito – no; Jeffries – no.  Therefore, this variance was not granted.

 

MINUTES:

 

A motion to approve the 6-21-17 minutes was made by Carl Eligh, seconded by Brian Frey.  All in favor; minutes approved.

 

 

ADJOURNMENT:

 

A motion to adjourn the meeting was made by Carl Eligh, seconded by Ronald Santovito.  All in favor; meeting adjourned at 8:07 p.m.

 

Respectfully submitted,

 

 

 

Brandi Schutt

Clerk to the Board