ZONING BOARD OF APPEALS

September 19, 2007

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, September 19, 2007, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, John Gravino, Charles Packard and Ronald Santovito. Also present were Councilman David McEwen, Code Enforcement Officer Michael Nelson and Board Clerk Susan Bush.

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

PUBLIC HEARINGS:

Z-13-07 – Filer’s Power Sports – 1136 Route 31 – Area Variance – Sections 135-190-A, B, C, E, F – Size, number & location of signs – Ted Filer of Filer’s Power Sports was present to explain this application. Requested variances are: Three (3) signs vs. two (2) allowed; two (2) ground-mounted signs vs. one (1) allowed; ground-mounted sign of 28 ft. & 240 sq. ft. vs. 20 ft. & 24 sq. ft. allowed; total signage of 306 sq. ft. vs. 223 sq. ft. allowed; side setback for ground sign of 15 ft. vs. 28 ft. required.

Proposed pylon will contain brand signs only and has been reduced in height from 36 ft. to 28 ft. To reduce the height, the Filer’s Power Sports portion has been moved to the peak of the building. Both of these signs will be internally lit. The pylon will be the same distance from Route 31 as the Macedon Commons Plaza sign due to overhead power lines. An existing ground sign would remain as is.

· Town Board – No objections

· Wayne County Planning Board – Returned to Town to be handled as

a local matter, but wanted to ensure that the sign does not impede (1)

sight distance or (2) on-site traffic circulation

· Planning Board – Positive referral

· SEQR – Not required at local level

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

Z-14-07 – Wayside Garden Center – 124 Route 31 – Area Variance – Section 135-162-B – Expansion of non-conforming building – Len Sorbello of Wayside Garden Center was present to explain this application. The proposed addition meets the setback requirements. However, the original building gaining this addition does not meet setback, making this the expansion of a non-conforming building. The same variance was proposed several years ago with approval needed for expansion of the parking lot into an adjoining parcel of land located in the Town of Perinton. That approval has now been obtained (see file). Parking lot will be expanded to the west, and a portion of the existing parking area will be used for the greenhouse addition. This reconfiguration will also allow more separation of vehicle and pedestrian traffic. There will be no change in overall use, products sold or hours of operation. Landscaping will be added on the western approach along Route 31.

· Town Board – No objections

· Wayne County Planning Board – Recommended approval provided that

(1) the hardship criteria required to grant an area variance are

substantiated at the local level and (2) the proposed greenhouse addition

does not hinder on-site traffic circulation or impact on-site easements

· Planning Board – Positive referral

· SEQR – Not required at local level

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

Z-15-07 – Martin – 3150 Wiedrick Road – Area Variance – Section 135-39 – Fence higher than allowed & Section 135-61-B-5 – Shed in side yard – Michael Martin was present to explain this application. He would like to replace their deck and shed (already removed). Deck will be 24’ x 40’ with a new shed placed next to it in the side yard. Homeowners have no garage and will use the shed for storage of personal items. Placement in the rear yard would make it inaccessible for this purpose. The applicant would also like to install a 6 ft. privacy fence on the front of his deck. The house is below road grade, approximately 120 ft. from the highway and very exposed. Fence would be constructed to blend with the house.

· Planning Board – Recommended denial of the fence variance; would

prefer trees/landscaping. Positive referral on shed.

· Town Board – Agreed with the Planning Board recommendations

· Wayne County Planning Board – Referral not required

· SEQR – Not required

In response to the recommendation for landscaping instead of fence, the applicant felt that option would be cost prohibitive.

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

BOARD DISCUSSION:

Z-13-07 – Filer’s Power Sports – 1136 Route 31 – Area Variance – Sections 135-190-A, B, C, E, F – Size, number & location of signs – A motion was made by John Gravino, seconded by Carl Eligh, to grant these variances with the condition existing brand signs on the building be removed. The five factors were reviewed.

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

Z-14-07 – Wayside Garden Center – 124 Route 31 – Area Variance – Section 135-162-B – Expansion of non-conforming building – A motion was made by John Gravino, seconded by Ron Santovito, to grant this variance. The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is granted.

Z-15-07 – Martin – 3150 Wiedrick Road – Area Variance – Section 135-39 – Fence higher than allowed & Section 135-61-B-5 – Shed in side yard – A motion to grant the variance for a shed in the side yard was made by John Gravino, seconded by Charles Packard. The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is granted.

A motion to deny the variance for a fence higher than allowed in the front yard was made by John Gravino, seconded by Carl Eligh. Mr. Gravino did not want to set a precedent for taller fences in front yards. He also noted the applicant had stated the fence would be on the deck, not the ground, and would, therefore, be 6 to 7 ft. in height from ground level. Mr. Jeffries felt the topography of the applicant’s lot with the house below road grade and the distance from the road were special circumstances, and the perception would not be of a 6 ft. fence. The five factors were reviewed.

Roll Vote: Eligh – yes; Gravino – yes; Packard – no; Santovito – no; Jeffries – no.

A motion to grant this variance for a fence higher than allowed in the front yard was made by Ron Santovito, seconded by Charles Packard.

Roll Vote: Eligh – no; Gravino – no; Packard – yes; Santovito – yes; Jeffries – yes.

Therefore, this variance is granted.

It was noted by Chairman Jeffries that the distance of the fence from the road (120+ ft.) and topography of the lot were extenuating circumstances in this decision.

MINUTES:

A motion to approve the 08-15-07 minutes was made by John Gravino, seconded by Carl Eligh. All in favor; minutes approved.

OTHER BUSINESS:

There was a brief discussion of a resident’s complaint regarding an unapproved business sign on Wayneport Road. Code Enforcement Officer Mike Nelson stated the sign had been removed.

ADJOURNMENT:

A motion to adjourn was made by Warren Jeffries, seconded by John Gravino. All in favor; meeting adjourned at 8:25 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board