TOWN OF MACEDON

ZONING BOARD OF APPEALS

July 20, 2011

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday,

July 20, 2011, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh, John Gravino and Ronald Santovito.  Also present was Councilwoman Sandy Pagano.  Absent was 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-03-11 – Datta/Central Sign & Crane – 2400 Route 350 – Area Variance – Sections 135-190-A, C, E – Number & size of signs – Brent McWilliams of Central Sign & Crane was present on behalf of the applicant.  The subject property is an existing “unbranded” gas station which will become a “branded” Valero station.  The building will remain as is; however, the gas island canopy will be resheeted.  There will be Valero logos on three (3) sides of the canopy with internal LED lighting.  The existing ground sign (18.5 ft.) will be removed and replaced with a slightly taller (20 ft.) “flag-mounted” sign illuminated by LED’s to display gas/diesel prices.  None of LED illumination will blink.  Signs will be similar to the Valero station on Route 31.

 

  • Wayne County Planning Board – No intermunicipal or countywide impact;

returned to the Town to be handled as a local matter.

  • Planning Board – No concerns with this request; change could be an

improvement.

  • SEQR – Not required at Appeals level
  • Town Board – No comment

 

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

 

Z-04-11 – Luong – 641 Route 31 – Area Variance – Sections 135-61-D-1, 2, 5 – Farm animals on less than 5 acres, number of animals allowed & setback for barn – Applicant Hieu Luong was present to explain his request.  Mr. Luong is currently rennovating the house on the property and does not live there at this time.  He would like to build a barn to house chickens and ducks for his personal use (15 chickens/15 ducks).  He does not intend to have any large animals such as horses or cows.    The pole barn would also be used to store personal items such as his tractor.  Mr. Luong would like to place the barn 15 ft. from the property line which would require an 85 ft. variance.  Variances are also needed to have farm animals on less than 5 acres and for the number of animals allowed.

 

 

  • Wayne County Planning Board – Recommended denial; use would not be

compatible with the surrounding ORM zoning.

  • Planning Board – Negative referral; request would not fit the character of a

commercially zoned area.

  • SEQR – Not required at Appeals level
  • Town Board – No comment

 

Mr. Jeffries advised the Board members that a negative referral from the Wayne County Planning Board would require a “super majority” (4 out of 5) vote in order to grant these variances.

 

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

 

BOARD DISCUSSION:

 

Z-03-11 – Datta/Central Sign & Crane – 2400 Route 350 – Area Variance – Sections 135-190-A, C, E – Number & size of signs – A motion was made by Carl Eligh, seconded by John Gravino, to grant these variances per the application.  Board members discussed the possibility of a monument/pedestal style sign instead of the proposed pylon/flag sign. A lower sign might be more attractive considering the agricultural/residential area around the property.  The proposed flag sign meets the Code for height.

 

The five factors were reviewed:  Proposed changes would be an improvement in the character of the neighborhood; no other feasible way to accomplish this without a variance; variances could be considered substantial compared to what exists on the property but not substantial compared to other variances granted in similar circumstances; no adverse physical or environmental impact; difficulty is self-created.

 

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

 

Z-04-11 – Luong – 641 Route 31 – Area Variance – Sections 135-61-D-1, 2, 5 – Farm animals on less than 5 acres, number of animals allowed & setback for barn – A motion was made by John Gravino, seconded by Carl Eligh, to deny these variances.  Board members discussed previous variance denials for farm animals on less than the required acreage.

 

The five factors were reviewed:  The proposed change would be detrimental to nearby properties; variance requested is substantial; there would be an adverse impact on physical/environmental conditions; difficulty is self-created.

 

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

 

 

MINUTES:

 

Chairman Jeffries requested the 06-15-11 minutes be revised to include a request to the Town Board for a review of Code 135-64-J-1 & 4 regarding in-law apartments. This Code section addresses in-law apartments in an existing single-family building, but does not take into consideration the example of an in-law apartment above a barn/garage.   A motion to approve the 06-15-11 minutes with the amendment was made by Aaron Cook, seconded by Ron Santovito.  All in favor; minutes approved.

 

ADJOURNMENT:

 

A motion to adjourn the meeting was made by John Gravino; seconded by Carl Eligh.  All in favor; meeting adjourned at 8:22 p.m.

 

 

 

Minutes taken by Councilwoman Sandy Pagano

Transcribed by Susan Bush, Clerk to the Board