TOWN OF MACEDON
ZONING BOARD OF APPEALS
November 15, 2017
The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, November 15, 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, Ronald Santovito, and Mike Mosher. Also present was Board Clerk Brandi Schutt. Absent were Town Councilman Bruce Babcock 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.
Z-06-17 Priggon 705 Farmington Rd. Area Variance Section 135-Schedule 1- Side & front yard setbacks Richard Krapf from IDentity Design as well as the applicants, were present to address the Board. Mr. Priggon explained that he has been retired for over a year and they were thinking about their options of moving or staying in Macedon. He said they had decided to stay in their current home but that it is not prepared for elderly living. He explained how they have a two car family but currently only a one car garage. Mr. Priggon mentioned that they need a two car garage to keep them from having to clean the snow off of their cars in the winter as well as protecting them from possibly falling on the ice. Mr. Krapf mentioned that the proposed two car garage will be closer to the neighbors lot line than code allows. He explained that the new garage would not affect the sight when pulling out of the driveway, and will blend with the existing home. Mr. Priggon presented the board with a letter from his neighbor stating that he was okay with the build.
Both Mr. Krapf and Mr. Priggon addressed questions from the board about which way the water will be running, if there was a fence behind the mudroom, if the old garage would still be intact, and what Farmington Planning Board had to say about the portion of property in their town. Mr. Priggon stated that the property is elevated causing the water to run towards the road and that there is a fence behind the mudroom. Mr. Krapf explained that the existing garage will be kept intact and incorporated into the home. Mr. Priggon explained that Farmington Planning Board had not met yet for this application but will be meeting on November 22, 2017.
Wayne County Planning Board Returned to the Town to be handled as a local matter
Planning Board Stated that the applicant should demonstrate that they have reviewed all other alternatives.
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.
Z-07-17 Whalen 798 Green Meadow Dr. Area Variance Section 135-112-A-10 & Section 135-64-J-1 Size & Location of In-law apartment Nathan Rozzi from Hanlon Architects was present to address the Board on behalf of the applicants. Mr. Rozzi explained that the code allows 550 square feet as the maximum for an in law apartment and the Whalens are looking for 850 square feet. He also stated that the code requires all garages built to be a minimum of 440 square feet which means the in-law apartment wouldnt be much bigger than a garage. He explained that this would not work due to needing a living space, bedroom, bathroom and other functions. Mr. Rozzi told the board the applicants were on a corner lot and the side setback is 40 feet but they are looking for 29 feet. He described the current home as having no windows on the side they would like to add the in-law apartment and that the new addition would add to the look of the home.
Mr. Rozzi addressed questions from the board about how many stories the in-law apartment will be, if the addition would sit in front of the home, and if it was on septic. He stated that it will only be one story that lines up with the front of the home, and it is sewer not septic.
Wayne County Planning Board 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 8:04 p.m.
Z-06-17 Priggon 705 Farmington Rd. Area Variance Section 135-Schedule 1- Side & front yard setbacks A motion was made by Carl Eligh, seconded by Mike Mosher, to deny the variance as submitted in the application. Board members discussed how the variance of 3 feet from the neighbors lot line was too close. Board member Carl Eligh stated that they have maintained the 10 foot setback. He also explained that the closest setback they have approved was on the lot line but it was for a home that was built in the 1800s and the home was already sitting on the line so they approved the applicant to build deeper. Board member Mike Mosher pointed out that the current neighbor who is okay with the application may not always live there. The board discussed how yard maintenance behind the new proposed garage would breach the property line and there wouldnt be room to use a ladder.
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 is substantial; there would be an adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.
Roll Vote: Santovito yes; Eligh yes; Frey yes; Mosher yes; Jeffries yes. Therefore, this variance was denied.
Z-07-17 Whalen 798 Green Meadow Dr. Area Variance Section 135-112-A-10 & Section 135-64-J-1 Size & Location of In-law apartment Before a motion was made Chairman Warren Jeffries stated that he did not believe this application should be at the Zoning Board. According to Section 135-119-A; For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes may be processed only upon presentation to and approval by the Planning Board.
A motion was made by Ron Santovito, seconded by Carl Eligh, to not act on the application but to refer it to the Planning Board. All in favor; motion carried.
A motion to approve the 9-20-17 minutes was made by Carl Eligh, seconded by Brian Frey. All in favor; minutes approved.
A motion to adjourn the meeting was made by Carl Eligh, seconded by Brian Frey. All in favor; meeting adjourned at 8:30 p.m.
Clerk to the Board