The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, May 11, 2005, 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 was Town Engineer Scott Allen. Absent was Councilman David Maul.

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.

Z-07-05 – Hartnagel – 2520 Route 31 – Area Variance – Section 135 Schedule I – Front setback – Elaine and James Hartnagel were present to explain their application for a second mini-storage building on the subject property. A variance was granted for the existing building, and the proposed building would be at the same setback. Board members had questions regarding rear retaining wall, completion of fencing and emergency access if gated. Applicant explained fencing of site had would be finished this spring. Access will be worked out with the Fire Department. There was no one else present to speak for or against the granting of this variance.

• Planning Board – No opinion offered
• Wayne County Planning Board – Recommended approval with the

the site and 2) there are appropriate floodplain/floodway mitigation measures.

• Town Board – No input
• SEQR – Not required by Town

Z-08-05 – VanGordon/Hutchison – 1208 Canandaigua Road – Area Variance – Section 135-64-J-1 – In-law apartment larger than allowed by Code – Chris and Joanne VanGordon were present to explain their application. They would like to build an in-law addition 130 sq. ft. larger than allowed by the Code. Proposed addition will be an in-law apartment and not rented to anyone else. There was no one else present to speak for or against the granting of this variance.

• Planning Board – Positive referral
• Wayne County Planning Board – Referral not required
• Town Board – No input
• SEQR – Not required

Z-09-05 – Wal-Mart Real Estate Business Trust – Route 31 – Area Variance – Sections 135-190-A, 190-B, 190-C, 190-D, 190-E – Number and size of signs – Neal Madden of Harter, Secrest & Emery and Todd Markevicz of APD Engineering were present on behalf of the applicant. Mr. Madden presented the Board with a color rendition of the building/site including all signs proposed. He also submitted a letter explaining the applicant’s response to the five factors of review. Variances requested were: Section 135-190-A – Limit of two signs per property – 24 signs proposed (amended on application from 22); 190-B – Limit of one ground sign – two ground signs proposed; 190-C – 865.5 sq. ft. allowed – 1,198.57 sq. ft. requested; 190-D – Directional signs 2 sq. ft. each sign – four signs more than 2 sq. ft.; 190-E – Ground signs max. 24 sq. ft./20 ft. height – Main pylon 140.5 sq. ft./28 ft. height & TLE pylon 32 sq. ft./30 ft. height. Mr. Madden reviewed each of the signs and explained where they would be placed on the building. Applicant feels signs are not out of proportion due to the building’s size and multiple uses. Ron Santovito asked how signs would be illuminated. The main pylon and the building-mounted Wal-Mart Supercenter are the only signs to be internally lit. In general, Board members felt there were too many signs. Discussion followed on which signs could be eliminated/reduced in size.

Jay Arnold, 1485 Immanuel Drive – Mr. Arnold’s home is directly across Route 31 from the main entrance to Wal-Mart. He is concerned about the height of the main pylon. He had no concerns regarding signs on the building.

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

• Planning Board – Applicant has met design & architectural changes requested

• Wayne County Planning Board – No intermunicipal or countywide impact.
• Town Board – No input
• SEQR – Planning Board was lead agency; negative declaration on file.

Z-07-05 – Hartnagel – 2520 Route 31 – Area Variance – Section 135 Schedule I – Front setback – Motion made by Carl Eligh, seconded by Ron Santovito, to grant this variance contingent upon completion of fence and an 18-month abandonment clause. The five factors were reviewed.

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

Z-08-05 – VanGordon/Hutchison – 1208 Canandaigua Road – Area Variance – Section 135-64-J-1 – In-law apartment larger than allowed by Code – Motion made by John Gravino, seconded by Carl Eligh, to grant this variance. The five factors were reviewed.

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

Z-09-05 – Wal-Mart Real Estate Business Trust – Route 31 – Area Variance – Sections 135-190-A, 190-B, 190-C, 190-C, 190-E – Number and size of signs – Motion to grant these variances made by John Gravino, seconded by Carl Eligh. The various sections and requested variances were discussed.

Section 135-190-E – Ground signs limited to 24 sq. ft./20 ft. height – Main pylon is proposed at 140.5 sq. ft./28 ft. height; Tire Lube Express (TLE) is proposed at 32 sq. ft. /30 ft. height. Board felt both of these signs were too high, and the TLE could be reduced in size. Consensus was the main pylon should be 140.5 sq. ft./24 ft. height; TLE should be reduced in size and height to meet Code (24 sq. ft./20 ft. height).

Section 135-190-D – Directional signs allowed up to 2 sq. ft. – Consensus was to approve as submitted.

Section 135-190-B – One (1) ground sign allowed – Two (2) ground signs proposed – Consensus was to approve two (2) ground signs (main pylon & TLE pylon).

Section 135-190-A – Limit of two signs – Twenty-four (24) signs proposed & Section 135-190-C – Area of signs not to exceed 1 sq. ft. per foot of front façade – 865.5 sq. ft. allowed vs. 1,198.57 sq. ft. requested – Mr. Madden amended the application to reflect 24 signs proposed instead of 22. Discussion followed on the need for various signs on the building. Consensus was to reduce the number of signs by three (3) and the square footage by 35.22 sq. ft., eliminating either One-Hour Photo or Optical/Pharmacy signs and any two of the four Bakery, Meat, Produce, Deli signs.

Original motion was amended by John Gravino, seconded by Carl Eligh, to grant variances as follows: Section 135-190-A – Total of 21 signs; Section 135-190-B – Two (2) ground signs consisting of the main pylon and Tire Lube Express; Section 135-190-C – Total area of 1,163.35 sq. ft.; Section 135-190-D – Directional signs as proposed in the application; Section 135-190-E – Main pylon sign not to exceed 140.5 sq. ft./24 ft. in height and TLE pylon to comply with Code for size and height. The five factors were reviewed.

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

Motion made by Carl Eligh, seconded by John Gravino, to approve the 04-13-05 minutes. All in favor; minutes approved.

Motion to adjourn made by Carl Eligh, seconded by Ron Santovito. All in favor; meeting adjourned at 9:20 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board