TOWN OF MACEDON

ZONING BOARD OF APPEALS

September 17, 2008

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, September 17, 2008, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard and Ronald Santovito. Also present were Town 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 HEARING:

Z-04-08 – Smith – 1262 Route 31F – Area Variance – Section 135 Schedule I – Side setback for expansion of non-conforming building – Resident Paul Smith was present to explain his application for an addition to his existing barn/garage. Present structure is 18’ x 24’, 100+ years old and located approximately 2 ft. from the side property line. Mr. Smith would like to build an addition on the rear of the barn, extending the same roofline and doubling the overall size to 36’ x 24’. The existing 2 ft. side setback would be observed along the addition. The intended use is storage of personal items. Adjacent property is currently farm land, and the applicant submitted a letter of support from that property owner.

· Planning Board – Positive referral; would like to have agreement

from adjoining property owner.

· Wayne County Planning Board – No intermuncipal or countywide

impact; returned to the Town 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 this variance.

Z-05-08 – Macedon Marketplace – 515 Sampson Drive – Area Variance – Sections 135-189L, 135-190B, 135-191-A, C, D – Number & size of signs – Robert Murphy was present on behalf of Spectra Development Group. Mr. Murphy explained the request for two (2) pylon signs and where they would be placed. The signs would be similar in appearance to Wal-Mart and Lowe’s. Each sign will have the Macedon Marketplace name on top with panels below carrying names of the individual retailers (12 stores), as well as designated space for the ABVI/Goodwill store to be built behind the strip plaza. Pylons will be internally lit and the foundations will be landscaped with appropriate plantings. The building-mounted signs will have exterior illumination from nearby light poles.

· Planning Board – Board gave a positive referral on the two pylon

signs; however, recommended second sign at Wal-Mart access road

be scaled down to contain only the plaza name. Board gave a

negative referral for increase to 2 sq. ft. of signage per linear ft.

of building front.

· Wayne County Planning Board – No intermunicipal or countywide

impact; returned to Town 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-04-08 – Smith – 1262 Route 31F – Area Variance – Section 135 Schedule I – Side setback for expansion of non-conforming building – A motion to grant this variance as submitted was made by John Gravino, seconded by Charles Packard. Code Officer Nelson had safety concerns regarding any openings on the east side of the proposed addition should the adjoining parcel be developed. In the event of a fire, windows/doors on that side could create a safety hazard for nearby structures. A revised motion was made by John Gravino, seconded by Charles Packard, to grant this variance as submitted with the condition no structural openings be allowed on the east side of the proposed addition. The five factors were reviewed. While the variance requested is substantial, the members felt it would not change the character nor have an adverse impact on the neighborhood.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – no. Therefore, this variance is granted.

Z-05-08 – Macedon Marketplace – 515 Sampson Drive – Area Variance – Sections 135-189-L, 135-190-B, 135-191-A, C, D – Number & size of signs – A motion to grant these variances as submitted was made by John Gravino, seconded by Carl Eligh. Members noted that two pylon signs had been granted for Lowe’s. Regarding the square footage variance, members noted the strip plaza is located farther off Route 31 than Wal-Mart and is 18 ft. higher than Route 31. Code Officer had no concerns regarding this request. The five factors were reviewed. Members felt these variances were not substantial and would not change the character nor have an adverse impact on the neighborhood.

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

MINUTES:

A motion to approve the 02-20-08 minutes was made by Carl Eligh, seconded by Ron Santovito. All in favor; minutes approved. A motion to approve the 08-20-08 minutes was made by Carl Eligh, seconded by John Gravino. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by Carl Eligh, seconded by Charles Packard. All in favor; meeting adjourned at 8:29 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board