TOWN OF MACEDON

ZONING BOARD OF APPEALS

March 18, 2009

The Town of Macedon Zoning Board of Appeals Meeting was held on Wednesday, March 18, 2009, at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries, members Carl Eligh, John Gravino, Charles Packard and Ronald Santovito. Also present were Town Engineer Scott Allen and Board Clerk Susan Bush. Town Councilman David McEwen was absent.

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-02-09 – Sharp – 2828 County Line Road – Area Variance – Sections 135-61-B-3 & B-5 – Accessory structure –Size & setback – Douglas Sharp was present to explain his request to expand an existing 40’ x 60’ pole barn, which received a variance for size in 2005. He would like to build 14’ x 60’ additions on each side of the building, bringing the building size to 4,080 sq. ft. With the addition, the east side setback would be reduced to 6 ft. instead of the required 15 ft. Adjacent property is farmland. Both additions will have an overhead door and a man door and will match the main structure in style and color. Building will be used for personal storage only; no commercial use. Relatives of the applicant also spoke in favor of granting these variances.

· Town Board – Representative absent

· Planning Board – Positive referral

· Wayne County Planning Board – Referral not required

· SEQR – Not required at the Appeals level

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

BOARD DISCUSSION:

Z-02-09 – Sharp – 2828 County Line Road – Area Variance – Sections 135-61-B-3 & B-5 – Accessory structure – Size & setback – A motion to grant these variances was made by Ron Santovito, seconded by Carl Eligh. Mr. Gravino felt a 6 ft. setback was insufficient and 10 ft. would be more suitable. Mr. Eligh agreed that other variances had been granted for 10 ft. but not less. Chairman Jeffries then stated the ZBA has the power to grant what they determine to be the minimum necessary to meet the desired result for the applicant. An amended motion was made by Ron Santovito, seconded by Carl Eligh, to grant the variance for size as submitted with a minimum side setback variance of 10 ft.

The five factors were reviewed. Members felt this request would not change the character of the neighborhood; the benefit could be achieved by other methods; there would be no adverse environmental effect.

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

Z-06-08 – Prime Development – 1241 Route 31 – Area Variance – Section 135-190-A & C, 135-191-B – Number & size of signs – A motion to open the discussion was made by John Gravino, seconded by Charles Packard. All in favor; motion carried.

Kevin Hartson of Prime Development and Scott Francis of McDonald’s Corporation were present. Town Engineer Scott Allen reviewed the project history and the Planning Board’s efforts to reduce the number of variances required prior to their ZBA recommendation. Two (2) sets of enter/exit signs were removed with the remaining ones reduced in size to meet Code, and the pylon sign was redesigned. The Planning Board is satisfied with the present sign package; however, they will review it again before any permits are issued. The ZBA will need to determine whether “Thank You”, “Order Here”, “Payment Ready” and “Drive Thru” are considered directional signs. Mr. Francis then stated the six (6) signs with those messages were being removed from the sign package and were no longer a consideration.

The McDonald’s electronic message board on the pylon/monument sign was discussed. Code states “No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. Lighting devices shall employ only lights emitting light of constant intensity.” Applicant felt the McDonald’s message board met this requirement as the message would be constant, not scrolling, and changed three times a day – breakfast, lunch, evening – with up to three (3) lines of text. Both Mr. Gravino and Mr. Eligh felt the message board should be removed. They had visited several other McDonald’s in the area and found no other message boards. Mr. Francis explained the message board is only employed at dual restaurant/gas station locations. Mr. Eligh also stated he had seen other locations with McDonald’s logo stickers affixed to the inside of front windows and would not like to have that happen here.

A motion was made by Ron Santovito, seconded by Carl Eligh, to grant these variances subject to the following conditions: (1) McDonald’s electronic message board limited to a maximum of four (4) message changes in 24 hours. Flashing, scrolling, color changes, running messages, corporate characters/logos and/or non-McDonald’s messages will not be allowed. Light will be of a constant intensity. (2) Banners, corporate window stickers, emblems and/or neon will not be allowed in the McDonald’s windows. (3) Number and size of signs are revised per amendment to application dated and signed 3-18-09.

The five factors were reviewed. Members felt this would not be an undesirable change in the neighborhood as previous use was an auto dealer; there was no other method to achieve the desired result; variances were substantial; and, there would be no adverse environmental effect.

Roll Vote: Eligh – yes; Gravino – no; Packard – yes; Santovito – yes; Jeffries – yes.

Therefore, these variances are granted with conditions stated.

MINUTES:

A motion to approve the 02-18-09 minutes was made by John Gravino, seconded by Charles Packard. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn was made by John Gravino, seconded by Ron Santovito. All in favor; meeting adjourned at 8:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board