ZONING BOARD OF APPEALS
August 17, 2005
The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 17, 2005, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members John Gravino and Charles Packard. Also present were Coucilman David Maul and Town Engineer Scott Allen. Absent were Carl Eligh and 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-11-05 - Wal-Mart Real Estate Business Trust - Route 31 - Area Variance - Sections 135-190-A & 190-C - Number & size of signs for gas station - Present on behalf of the applicant were Attorney Neal Madden of Harter, Secrest & Emery, Anthony Dodson, Realty Manager for Wal-Mart Fueling Station Development, and Tom Thill of Core States Engineering. Mr. Thill distributed drawings showing the proposed signs. The station will be operated by Wal-Mart and sales will be gas only. This application reflects their standard sign package - 39 signs in total with four mounted on the canopy. The Wal-Mart logo (down lit) and digital price sign (LED) will be on the north & south sides of the canopy. Balance of signs (unlit) will be on pumps, pump islands and bollards. Many of the signs will not be visible from Route 31 due to the proposed landscape berm. Directional signs will consist of entrance & stop signs. There will be no sign on the main store pylon.
There was no one else present to speak for or against the granting of these variances.
Z-12-05 - Cole -1809 Wayneport Road - Use Variance - Section 135-89 - Commercial/ residential use in ORM zoning - Brad Cole, Kim LeFrois and their attorney, Tim Alexison, were present to explain this application. This property was previously operated as a bar with its use grandfathered as pre-existing/non-conforming. However, the building has been vacant for more than one year resulting in the loss of the grandfathered status. The applicants have the property on contract for purchase subject to receiving a Use Variance. They would like to have a retail gift shop on the first floor with the second floor a three-bedroom apartment. Mr. Jeffries asked about alternate uses to conform with the ORM zoning, and the applicants responded their plan was to use the property strictly for a retail shop and apartment. Mr. Packard expressed concerns regarding parking in front of the building. Scott Allen pointed out that both the Town Planning Board and Wayne County Planning Board recommended no parking be allowed in front of the building. The "lower" parking lot on the north side is a separate parcel rented from the NYS Thruway Authority, and the applicants would like to continue that arrangement if possible.
There was no one else present to speak for or against the granting of this variance.
of building.
local level, and (2) If granted, a site plan is submitted that verifies available sight distances, on-site "traffic flow" and parking detail. Sight distance available along Wayneport Road, from the parcel to the south, appears limited based on the speed vehicles are traveling on that section of road. The Board recommended that parking should not be permitted in front of the building (east side) in attempt to maintain safe traffic flow on Wayneport Road."
Z-13-05 - Folts - 1452 Victor Road - Area Variance - Section 135 Attachment I - Side setback for accessory structure - Larry Folts was present to explain his application. He would like to build matching additions on each side of his existing building, and a variance is needed for the north side (3 ft. from property line). Mr. Folts stated he prefers to expand both sides of the building to make it symmetrical and to avoid blocking their view. At the present time there is a trailer parked on the north side of the building. It would be stored inside the building when the addition is completed. Mr. Folts also explained the adjoining property drops steeply down to a patio home. Mr. Gravino was concerned about the size of the variance requested and the precedent that would be set. Mr. Maul asked if the applicant had approached the adjoining neighbor with his proposal. Mr. Folts stated he had not.
There was no one else present to speak for or against the granting of this variance.
no objection.
BOARD DISCUSSIONS:
Z-11-05 - Wal-Mart Real Estate Business Trust - Route 31 - Area Variance - Sections 135-190-A & 190-C - Number & size of signs for gas station - Motion made by John Gravino, seconded by Charles Packard, to grant these variances per application. The five factors were reviewed.
Roll Vote: Gravino - yes; Packard - yes; Jeffries - yes. Therefore, these variances are granted.
Z-12-05 - Cole - 1809 Wayneport Road - Use Variance - Section 135-89 - Commercial/
residential use in ORM zoning - Motion made by John Gravino, seconded by Charles Packard, to grant this use variance. To enable all board members to be present for discussion, a motion was made by John Gravino, seconded by Charles Packard, to table this business until the next meeting (9-21-05). All in favor; motion carried.
Z-13-05 - Folts - 1452 Victor Road - Area Variance - Section 135 Attachment I - Side setback for accessory structure - To enable all board members to be present for discussion, a motion was made by John Gravino, seconded by Charles Packard, to table this business until the next meeting (9-21-05). All in favor; motion carried.
MINUTES:
Motion to approve the 06-08-05 minutes made by John Gravino, seconded by Warren Jeffries. All in favor; minutes approved.
ADJOURNMENT:
Motion to adjourn made by John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:22 p.m.
Respectfully submitted,
Susan Bush
Clerk to the Board