ZONING BOARD OF APPEALS

August 15, 2007

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, August 15, 2007, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, John Gravino, Charles Packard and Ronald Santovito. Also present were Councilman David McEwen and Board Clerk Susan Bush. Absent was Code Enforcement Officer Michael Nelson.

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-11-07 – Filer’s Power Sports – 1136 Route 31 – Area Variance – Sections 135-190-A, C, E, F – Number of signs, size & location of ground sign – Ted Filer was present to explain this application. He would like to install a ground sign in front of his building identifying the business and product lines being sold. Proposed sign would be 35 ft. in height, exceeding the 20 ft. Code maximum. Sign would be internally illuminated with a 6’ x 12’ panel for Filer’s Power Sports on top and six (6) brand panels (3’ x 12’) beneath. Sign would be located in an easement area on the east side of the property. Placement in front of the building is restricted by overhead power lines, and the adjacent gas station’s canopy would block visibility if the sign were positioned on the west side of the property. Setback would be the same as the plaza pylon. The product lines being sold govern the number of panels and the overall size of the sign. The business must display all product lines on an equal basis, and sign panels are provided by the companies. Any brand signs currently displayed on the building would be removed if the pylon is approved. Mr. Filer would like to keep the existing free-standing “message” board in front, but could remove it if necessary. He also presented graphics showing the sign height reduced to 28 ft. Bottom panel would be just above ground level and not visible from the highway. Another option presented was removing the Filer’s logo from the pylon and switching it to a building-mounted sign.

· Planning Board – Board felt sign was out of scale (too large) and

gave a negative referral.

· Town Board – Height should not exceed that of signs previously

approved along Route 31.

· Wayne County Planning Board found no intermunicipal or county-

wide impact; returned to the Town to be handled as a local matter;

wanted to ensure that the sign does not impede 1) sight distance or

2) on-site traffic circulation.

· SEQR – Not required at the local level

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

Z-12-07 – Brasser – 2727 Walworth Road – Area Variance – Section 135 Schedule I (Attachment 1) – Side setback for addition – James Brasser was present to explain this application. His existing home is 841 sq. ft., and he would like to add a 20’ x 40’ addition. He will be married in the near future and needs the additional space for his family. A letter from the adjoining property owner was submitted in support of this project. Mr. Brasser cannot build onto the rear of his house due to the location of the septic system/leach lines, and this is the only feasible location for the addition. He also stated the neighbor’s garage would be between the addition and the adjacent house.

· Planning Board – Positive referral

· Town Board – No objections

· Wayne County Planning Board – Referral not required

· SEQR – Not required

There was no one else present to speak for or against the granting of this variance.

BOARD DISCUSSION:

Z-12-06 – Brasser – 2727 Walworth Road – Area Variance – Section 135 Schedule I (Attachment 1) – Side setback for addition – A motion was made by John Gravino, seconded by Carl Eligh, to grant this variance for a side setback not to exceed 10 feet. The five factors were reviewed.

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

Z-11-07 – Filer’s Power Sports – 1136 Route 31 – Area Variance – Sections 135-190-A, C, E, F – Number of signs, size & location of ground sign – A motion was made by John Gravino, seconded by Carl Eligh, to deny these variances. Board members discussed the precedent set with signs for Wal-Mart and Lowe’s. They felt this proposal was not in keeping with the other signs along Route 31 and would like to see uniformity now and in the future. The five factors were reviewed. Board members felt the variances were substantial, would change the character of the area and would have an adverse impact due to the precedent set.

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

MINUTES:

A motion to approve the 07-18-07 minutes was made by Carl Eligh, seconded by Charles Packard. All in favor; minutes approved.

ADJOURNMENT:

Motion to adjourn was made by John Gravino, seconded by Charles Packard. All in favor; meeting adjourned at 8:12 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board