ZONING BOARD OF APPEALS

October 17, 2007

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, October 17, 2007, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members John Gravino and Ronald Santovito. Also present were Councilman David McEwen, Code Enforcement Office Michael Nelson and Board Clerk Susan Bush. Absent were Carl Eligh and Charles Packard.

Mr. Jeffries called the meeting to order at 7:35 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-16-07 – Bell – 3174 County Line Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – Bruce Bell was present to explain his plan for a 30’ x 45’ pole barn for storage of personal items (boat, utility trailer & car). Due to the topography of the lot, locating the barn in the front yard is the best option. The rear area is low, wet in the spring and would be difficult to access in winter months. Septic system is also located in the back. Mr. Bell has spoken with the neighbor across the road and the neighbor to the south, and they do not object to the project. There would be no commercial use of the barn. Overhead doors would face south toward driveway, and the exterior color would match house. Mr. McEwen stated he would like to see the roof pitch and siding match that of the house.

· Planning Board – Board gave a negative referral.

· Wayne County Planning Board – No intermunicipal or countywide

impact; returned to the Town to be handled as a local matter with

the following comments: 1) hardship criteria required to grant an

area variance be met at the local level and 2) should the area

variance be granted, the barn should be sited and constructed

(materials & design considered) in a way that helps it blend with

surrounding residential developments.

· Town Board – Agreed with Planning Board’s negative referral.

Barn could be sited on lot so that it does not require a variance.

· SEQR – Not required at Appeals level.

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

Z-17-07 – Prime Time Convenience Store – 1241 Route 31 – Area Variance – Sections 135 Attachment 1 & 135-172-K – Setbacks and Sections 135-190-A & E – Signs – Phil Silvestri, Silvestri Architects, and Jim Denniston, real estate broker, were present on behalf of the applicant. This is a proposed 6,000 sq. ft. convenience store with gas pumps and two fast food tenants (pizzeria and a national franchise). The Planning Board has given sketch plan approval, and a Special Use Permit application has been submitted to the Town Board. As a result of review by the Planning Board, the gas canopy has been moved back from 84’ to 92’, reducing the variance requested. The rear setback variance has increased slightly (1 ft.). Applicant will install landscape buffering between the store and the residence to the east. A fence would also be considered. Mr. Denniston stated the residential property in question is a rental, and the owner has not given them any negative feedback. Applicant is willing to work with the neighbor.

Regarding signs, six (6) signs are requested vs. two (2) allowed by code, and the pylon sign would be 60 sq. ft. vs. 24 sq. ft. allowed. There would be three (3) building-mounted signs, one for the store and one for each of the food tenants. Gasoline brand signs would be installed on three sides of the canopy. The pylon will contain the gasoline brand, gasoline prices, and two tenant panels and will be within code for height. All signs would be illuminated.

Mr. Silvestri explained an existing building (car dealership) will be demolished, and the new building will be larger & farther back from the highway. Photos provided were of a similar building in Amherst, NY.

Mr. Gravino and Mr. Santovito questioned the need for tenant signs on the building, seeing them as a duplication of the pylon panels. Mr. Gravino also expressed a desire for lower light levels. Mr. Silvestri responded there would be no lights along the residential side of the property, and all lights would be directed away from any residences.

· Planning Board – Board gave a positive referral on setbacks. They

also agreed with the number & size of signs; however, they will

review the sign makeup and aesthetics with the applicant at a later

date.

· Wayne County Planning Board – No intermunicipal or countywide

impact; returned to Town to be handled as a local matter with the

following comments: 1) the hardship criteria required to grant

the area variances must be met at the local level and 2) should the

area variances be granted, the developers are encouraged to use as

much of the parcel as necessary to make the site’s traffic flow and

parking as safe as possible. The submitted site plan appears to be

a bit congested given the anticipated traffic patterns and proposed

parking spaces. It appears a few parking spaces could be removed

(and still meet code requirements) if necessary.

· Town Board – Concurs with the Town Planning Board comments.

· SEQR – Not required at Appeals level; will be completed as part of site plan approval.

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

BOARD DISCUSSION:

Z-16-07 – Bell – 3174 County Line Road – Area Variance – Section 135-61-B – Accessory structure in front yard – A motion to deny this variance was made by John Gravino, seconded by Ron Santovito. Mr. Gravino felt the barn could be moved farther back on the property. Mr. Jeffries felt the 40 ft. front setback was a problem, being less than the 60 ft. required for a principal structure.

The five factors were reviewed. Members felt granting this variance would cause an undesirable change in the neighborhood, the benefit could be achieved in another way, and the variance would be substantial.

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

Z-17-07 – Prime Time Convenience Store – 1241 Route 31 – Area Variance – Sections 135 Attachment 1 & 135-172-K – Setbacks & Sections 135-190-A & E – Signs – A motion to grant the variances requested for setbacks under Sections 135 Attachment 1 and 135-172-K was made by John Gravino, seconded by Ron Santovito. Board members felt this was an improved use of the site.

The five factors were reviewed.

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

A motion to a grant the variances for Signs #1, #4, #5, #6 and the pylon sign as submitted with the total square footage reduced by 25 sq. ft. was made by John Gravino, seconded by Ron Santovito. Mr. Gravino again stated he felt the tenant signs on the building were not necessary. However, it was noted the applicant could reapply if their national franchise tenant requested such a sign.

The five factors were reviewed.

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

MINUTES:

A motion to approve the 09-19-07 minutes was made by John Gravino, seconded by Ron Santovito. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by Ron Santovito, seconded by John Gravino. All in favor; meeting adjourned at 8:35 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board