ZONING BOARD OF APPEALS

March 21, 2007

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, March 21, 2007, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, John Gravino and Charles Packard. Also present were Code Enforcement Officer Michael Nelson and Board Clerk Susan Bush. Absent were Ronald Santovito and Councilman David McEwen.

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-01-07 – Newpher – 497 Tanner Lane – Area Variance – Section 135 Schedule I (Attachment 1) – Front & side setbacks for addition – Resident Brent Newpher was present to explain his application. Their family has grown, and they need additional living space and an expanded garage (one-car to two-car with extra storage space). Garage addition would reduce the side setback from 33.3 ft. to 13.2 ft. The addition of a front entrance would reduce the front setback from 54.8 ft. to 48.8 ft. Mr. Newpher explained this was the best layout they could develop to meet their needs. An existing patio prevents expansion to the rear. Residence was built in 1969 and is considered pre-existing, non-conforming because it does not meet the current setback requirements. There was no one else present to speak for or against the granting of these variances.

· Planning Board – Positive referral

· Town Board – Concurs with Planning Board

· Wayne County Planning Board – Referral not required

· SEQR – Not required

Z-02-07 – Subway – 425 Route 31 (Wal-Mart) – Area Variance – Sections 135-190-A & C – Number & size of signs – Laurence Bernhardt, Subway owner, was present to explain this application. He would like a Subway sign placed on the outside of the Wal-Mart Supercenter. It will be 19.22 sq. ft., lighted, in Subway’s yellow/green/white corporate colors. Mr. Bernhardt stated the sign meets Wal-Mart standards and has their approval. This sign was not included in Wal-Mart’s earlier variance request; tenants must take action on their own behalf. There was no one else present to speak for or against the granting of these variances.

· Planning Board – Negative referral due to precedent set for

other tenants within store.

· Town Board – Concurs with Planning Board

· Wayne County Planning Board – No intermunicipal or county-

wide impact. Returned to the Town to be handled as a local matter.

· SEQR – Not required at the local level

Mr. Bernhardt noted that Subway is the only sign approved by Wal-Mart; other tenants are not approved.

Z-03-07 – Gananda Partnership – 3231 Spragbrook Circle – Area Variance – Section 135 Schedule II (Attachment 2) – Reduction of square footage for new residence – Jeff Leenhouts was present on behalf of Gananda Partnership/Home Leasing. They are the developer of Pheasant Run and would like the builder (Ryan Homes) to have more flexibility in the size of homes to be sold. Ryan has a 1,680 sq. ft. model available with a base price of $140,000 vs. $160,000 for a home of 1,800 sq. ft. required by Code. This would be appealing to first-time buyers, and Home Leasing does not feel it would devalue existing homes. There is no buyer for the subject lot at this time, but if the variance is granted, they would like to pursue variances for another 10-15 lots in the Pheasant Run development. Two residents from Green Meadow Drive spoke in opposition to the granting of this variance. Their homes comply with the 1,800 sq. ft. minimum, and they felt the reduction in square footage and price would have a detrimental effect on the value of existing homes. Kurt Bernier of Ryan Homes joined the meeting and explained more about the smaller home. Ryan would like to offer the smaller home to create interest in the development; however, most buyers move up in size when purchasing. The smaller model is a new product for Ryan, and they feel there is no difference in appearance between it and the larger models. There was no one else present to speak for or against the granting of this variance.

· Planning Board – Negative referral because of the precedent

that would be set.

· Town Board – Concurs with Planning Board

· Wayne County Planning Board – Recommended denial of

the area variance request as they felt granting the variance

would negatively affect the character of the subdivision

(“community character”).

· SEQR – Not required at the local level

Z-04-07 – Lyons National Bank – Route 31 – Area Variance – Sections 135-183-A-9 – Driveway setback & 135-190-A, B & C – Number & size of signs – Present on behalf of the applicant were Tom Kime, Lyons National Bank, and Vincent Randazzese, Mossien Associates.

Driveway setback – Mr. Kime explained this property is a flag lot with 30 ft. frontage on Wayneport Road. Proposed driveway is 22 ft. wide, leaving 4 ft. setback on each side. Wayneport Road access is necessary to facilitate eastbound Route 31 traffic. Per NYS DOT, the entrance on Route 31 will be limited to westbound vehicles with a right-in, right-out traffic flow. The ATM by-pass lane has been reconfigured, and a setback variance is no longer required.

Signs – Mr. Kime explained they are requesting four (4) signs, three (3) would be ground mounted and one (1) would be building mounted. Building-mounted sign was added at the request of the Planning Board. Total square footage requested is 85.47 vs. 63.33 allowed by Code. Without the building-mounted sign, the total square footage would be 62.8, which would be within Code. Directional signs were not included in variance request. Ground-mounted signs would be located at the three access points: Wayneport Road, Route 31 and the Wal-Mart parking lot. Board members acknowledged receipt of Town Engineer’s letter of 03-07-07 to architect Daniel Mossien. Tammy Hutter, Branch Manager for Lyons National Bank, also spoke in favor of granting these variances.

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

· Planning Board – Favorable recommendation

· Town Board – Concurs with Planning Board

· Wayne County Planning Board – No intermunicipal or county-

wide impact – Returned to the Town to be handled as a local

matter.

· SEQR – Not required at the local level

BOARD DISCUSSIONS:

Z-01-07 – Newpher – 497 Tanner Lane – Area Variance – Section 135 Schedule I (Attachment 1) – Front & side setbacks for addition – A motion was made by Carl Eligh, seconded by John Gravino, to grant this variance per the plan submitted. The Board members felt this action would not be out of character in the neighborhood, setbacks seem to vary, and it has been granted before. The five factors were reviewed.

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

Z-02-07 – Subway – 425 Route 31 (Wal-Mart) – Area Variance – Sections 135-190-A & C – Number & size of signs – A motion was made by Carl Eligh, seconded by Charles Packard, to grant this variance. Mr. Gravino felt this variance request should have been included in the original Wal-Mart sign variance package. Mr. Eligh questioned whether the Subway sign could be located on the Wal-Mart pylon instead of on the building, at which point the applicant stated Wal-Mart would not allow that placement. Chairman Jeffries stated that Wal-Mart’s oversight should not affect this applicant. The five factors were reviewed. Members felt variance was not substantial.

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

Z-03-07 – Gananda Partnership – 3231 Spragbrook Circle – Area Variance – Section 135 Schedule II (Attachment 2) – Reduction of square footage for new residence – A motion was made by John Gravino, seconded by Carl Eligh, to deny the granting of this variance. Mr. Gravino felt that granting this variance would change the character of the neighborhood. Mr. Jeffries indicated granting the variance would set a precedent and open the way for many more requests. The five factors were reviewed. Variance could change the character of the neighborhood, was substantial and could have an adverse effect.

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

Z-04-07 – Lyons National Bank – Route 31 – Area Variance – Sections 135-183-A-9 – Driveway setback & 135-190-A, B & C – Number & size of signs

Driveway setback – Section 135-183-A-9 – A motion was made by John Gravino, seconded by Charles Packard, to grant this variance for the Wayneport Road driveway setback. The five factors were reviewed. Project could not be achieved by any other method, and condition may not be self-created due to DOT requirement.

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

Number & size of signs – Sections 135-190-A, B & C – A motion was made by John Gravino, seconded by Carl Eligh, to grant these variances as submitted. The five factors were reviewed.

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

MINUTES:

Motion to approve the 01-17-07 minutes was made by John Gravino, seconded by Charles Packard. All in favor; minutes approved.

OTHER BUSINESS:

Chairman Jeffries introduced the new Code Enforcement Officer Mike Nelson to the Board members.

ADJOURNMENT:

Motion to adjourn was made by John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board