The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, October 8, 2003, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard and Ron Santovito. Also present were Councilman David Maul and Town Engineer Scott Allen.

Mr. Jeffries called the meeting to order at 7:30 p.m.

Z-18-03 – Morrison – Canandaigua & Quaker Rds. – Interpretation - Mr. Jeffries explained to Mr. Morrison that the notice for a Public Hearing had not been published, and therefore, this application would be postponed until 11/12/03 to allow for this step. Mr. Morrison asked for a vote of the members on the postponement. Motion made by John Gravino, seconded by Charles Packard, to postpone action on this application until the 11/12/03 meeting.

Roll Vote: Eligh – yes; Gravino – yes; Packard – yes; Santovito – yes; Jeffries – yes. Therefore, this action is scheduled for 11/12/03.

Chairman Jeffries explained the purpose for which this Board serves and read the Legal Notice as it appeared in the "Times".

Z-17-03 – Bardeen/1592 Walworth Rd./Area Variance – Sections 135-61-A & 135-61-B-4 – Garage space more than allowed by Code & accessory building taller than 16 ft. Applicant Charles Bardeen was present to explain his request. He needs additional storage space for a large fifth-wheel RV, ATV's and lawn equipment. This is a 10+ acre parcel with the proposed barn located toward the back. It will not be used to house animals or for any commercial purpose. Letters of support were included with the application from neighbors William & Jana Toomey, Walworth Rd; Scott & Colleen Dix, 1638 Walworth Rd; Keith & Holly VanHout, 1615 Walworth Rd. There was no one else present to speak for or against the granting of these variances.

- Wayne County Planning Board – Questioned obstruction of neighbors' view (It

will not.); otherwise, no intermuncipal or countywide impact

- Town Board – Mr. Maul asked if a second driveway is planned for this building.

(Yes, eventually, but not at present. This is a matter for the Highway

- Planning Board – Positive referral; no concerns.

- SEQR – Not required

Public hearing was then closed.

Z-19-03 – Osmen/Dunkin Donuts/Route 31/Area Variance – Sections 135-190-A & 135-190-C – Number of signs & size of signs greater than allowed by Code Applicant Steve Osmen and Steve Thompson of Passero Associates were present. Mr. Thompson explained this proposal for four signs instead of the two allowed by Code. Three of the signs would be building mounted with one pylon sign by the highway. By Code they are allowed 30 sq. ft. of signage and 81 sq. ft. is proposed. Two of the building signs would be 20 sq. ft. each with 21 sq. ft. on the third (front of the building). The pylon sign will be 20 sq. ft. Mr. Thompson felt there was a limited site line along Route 31 due to setback (108 ft.) and surrounding businesses (Ford dealership & CVS). Additional signs would help attract the morning commuter traffic. He also indicated these are the smallest signs available from the Corporation. John Gravino felt signs should be compatible with what was granted for CVS. Carl Eligh questioned if the menu board for the drive-thru would be considered an additional sign. All signs will be lighted during business hours. Colors on the pylon sign were discussed.

Kevin Riehle, Vice President, Toomey Enterprises, Wayneport Road, Macedon, spoke in support of this application. No one else was present to speak for or against the granting of these variances.

- Town Board – Supports this application.

- Wayne County Planning Board – No intermunicipal or countywide impact.

- Planning Board – Would like to see pylon color consistent with CVS; otherwise,

no concerns.

- SEQR – Not required.

Public hearing was then closed.

Z-17-03 – Bardeen/1592 Walworth Rd,/Area Variance – Sections 135-61-A & 135-61-B-4 – Garage space more than allowed by Code & accessory building taller than 16 ft.

Motion made by John Gravino, seconded by Carl Eligh, to grant these variances for a 40 ft. x 60 ft. pole barn with a maximum height of 24 ft. and an 18-month abandonment clause. The driveway cut to be at the discretion of the Highway Supervisor. Five factors were then reviewed.

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

Member Ron Santovito recused himself from this discussion due to a conflict of interest. He is employed by Passero Associates, the firm presenting this application.

Motion made by John Gravino, seconded by Charles Packard, to grant the variances for four (4) signs as proposed with a total of 81 sq. ft.

John Gravino stated he would like to see these signs consistent with CVS, and questioned the color of the pylon sign. Mr. Jeffries stated the proposed pylon sign, by itself, is within Code (20 sq. ft. vs. 24 sq. ft. allowed), and the color is a matter for the Planning Board. Carl Eligh questioned the whether the menu board would be considered as a sign. ZBA consensus was to include this in the application and overall sign count/square footage. Mr. Osmen then amended his application to include five (5) signs for 93 sq. ft. and added Section 135-190-B to include a second ground sign (menu board).

Motion was amended by John Gravino, seconded by Charles Packard, to grant these variances for five (5) signs as proposed with a total of 93 sq. ft.

Carl Eligh had one further question regarding additional window signs. Mr. Osmen responded these would not be used. Five factors were then reviewed.

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

There was a brief discussion regarding the 2004 year budget and possible salary constraints. Mr. Maul indicated the tentative budget had been worked out to include a possible 3% increase.

Motion made by John Gravino, seconded by Carl Eligh, to approve the 9/10/03 minutes. All in favor; minutes approved.

Motion to adjourn made by John Gravino, seconded by Carl Eligh. Meeting adjourned at 8:45 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board