TOWN OF MACEDON

ZONING BOARD OF APPEALS

August 20, 2008

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 20, 2008, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino and Charles Packard. Also present were Councilman David McEwen, Code Enforcement Officer Michael Nelson and Board Clerk Susan Bush. Absent was Ron Santovito.

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 HEARING:

Z-03-08 – Deys – 1208 Route 31F – Area Variance – Section 135 Schedule I – Public market on non-conforming lot – Richard Deys, Jr. was present to explain this application. He is operating a public market in an existing building owned by the Macedon Historical Society with whom he has an agreement. Market is for the sale of vegetables, fruits, feeds, some crafts and other items, operating Saturdays through Christmas. It will close for the winter months, re-opening in early spring. Vendors are housed in the main building with two additional sheds placed on the property. These sheds are samples for an Amish shed builder with one being used to house a feed vendor. Occasionally there may be vendors outside on the grass area to the east. Mr. Deys stated they have also held chicken barbecues, which have been well received. Previous uses of the building have been Gananda School District offices, dance studio, print shop and church. Building was vacant for over six months. Public market is an allowed use; however, a 4 acre lot with 400 ft. depth is required. Variance is for both of these dimensions. Adjacent property is an old Quaker cemetery which is not affiliated with the Historical Society, and should not be included in this request. Market has one permanent sign, which was pre-existing with the sign panels changed to identify the new endeavor. The Planning Board will deal with traffic, parking and similar issues during site plan approval.

A letter was presented from a resident at 1244 Route 31F and two residents from 2376 & 2364 Canandaigua Road were present to support this request. All felt this was a welcome and beneficial use of the property.

· Planning Board – Positive referral

· Wayne County Planning Board – No county impact; returned to be

handled as a local matter.

· Town Board – Concurred with Planning Board recommendation

· 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-03-08 – Deys – 1208 Route 31F – Area Variance – Section 135 Schedule I – Public market on non-conforming lot – A motion to grant these variances was made by John Gravino, seconded by Charles Packard. Board members discussed special use vs. allowed use. Mr. Jeffries clarified the fact that this would be an allowed used on a non-conforming lot. Mr. Deys amended his application to reflect the exclusion of the adjoining cemetery parcel. The five factors were reviewed. Members felt there would be no substantial change or adverse effect on the neighborhood even though the variance was substantial.

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

MINUTES:

A motion to approve the 05-21-08 minutes was made by John Gravino, seconded by Charles Packard. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:17 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board