TOWN OF MACEDON

ZONING BOARD OF APPEALS

March 21, 2012

 

 

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, March 21, 2012, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries, members Aaron Cook, Carl Eligh, John Gravino and Ronald Santovito.  Also present were Town Councilwoman Sandy Pagano, Town Engineer Scott Allen, Code Enforcement Officer Aron Thompson, Town Attorney Michelle Villani and Board Clerk Susan Bush.

 

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-03-12 – McMullin – 698 Yellow Mills Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – Applicant David McMullin was present to address the Board.  He would like to build a pole barn but has a unique situation with his house located on top of a hill.  Due to the topography of the lot, the only feasible location for a barn is in the “front” yard.  The rear of the property contains some wetlands and is not easily accessible.   The barn will not be visible from the road because of a treed hillside.  The building will be used as a hobby workshop and studio (woodworking & stained glass) and to store personal items.  There will be no commercial use.  Any additional drainage created by the barn can be handled by existing swales.

 

  • Town Board – No comment
  • Planning Board – Positive referral
  • Wayne County Planning Board – Referral not required
  • SEQR – Not required at Appeals level

 

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

 

Z-04-12 – NAS Sign Co. (NOCO) – 1241 Route 31 – Area Variance – Sections 135-190-A & C – Number & size of signs – Paul Strada of NAS Sign Co. was present on behalf of the applicant.  NOCO will be assuming operation of the Prime convenience store.  Gasoline operation will remain as Valero; however, the store will be rebranded to NOCO.  The existing building sign for Prime is an interior neon sign, which will be replaced by an exterior NOCO sign.  The new sign will be channel letters with LED illumination consistent with other signs throughout the NOCO system.  Mr. Strada stated the sign change should not have an adverse effect on the neighborhood as there are similar signs on nearby businesses.  Also part of the NOCO rebranding will be a panel change on the pylon sign, which does not require a variance.

 

  • Town Board – No comment
  • Planning Board – Positive referral
  • Wayne County Planning Board – Returned to Town to be handled as a local

matter

  • SEQR – Not required at Appeals level

 

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

 

BOARD DISCUSSION:

 

Z-03-12 – McMullin – 698 Yellow Mills Road – Area Variance – Section 135-61-B-5 – Accessory structure in front yard – A motion to grant this variance as submitted was made by Carl Eligh, seconded by John Gravino.  Board members felt this was an extremely unusual lot with a limited area to place an accessory structure due to topography and location of the septic system.

 

The five factors were reviewed:  No undesirable change in the character of the neighborhood; the benefit sought could not be achieved through another method; variance is substantial; no adverse environmental or physical impact; difficulty was self created.

 

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

 

Z-04-12 – NAS Sign Co. (NOCO) – 1241 Route 31 – Area Variance – Sections 135-190-A & C – Number & size of signs – A motion to grant these variances as submitted was made by Ron Santovito, seconded by Aaron Cook.  Board members noted that this involved moving the sign from inside to outside of the building and changing the color/style.  Coverage area would be slightly reduced.

 

The five factors were reviewed:  No undesirable change in the character of the neighborhood; the benefit sought could not be achieved through another method; variance is not substantial; no adverse environmental or physical impact; difficulty was self created.

 

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

 

OLD BUSINESS:

 

Z-06-11 – Smith – 2321 Vandy Drive – Time extension for variance – Mitchell Smith was present to address the Board.  He received a variance in August, 2011, for a reduced front setback to allow him to build a porch on his home.  Due to a change in plans, he did not get his building permit within the six (6) months allowed after receiving the variance.  The Smiths would now like to go ahead with the project and need additional time to get their permit.

 

A motion was made by Ron Santovito, seconded by Aaron Cook, to extend the variance for an additional six (6) months.  All in favor; motion carried.

 

Z-01-12 – Hansen (Marvin) – 1005 Victor Road – Interpretation of decision – A motion to open the discussion on Application Z-01-12 (Hansen/Marvin) was made by Carl Eligh, seconded by Ron Santovito.  All in favor; motion carried.  Mr. Jeffries stated the Appeals Board was being asked for an interpretation of whether the access to these properties is via a street or a shared driveway as labeled by the Code Enforcement Officer.  Board then discussed various definitions for streets, right-of-way lines, private roads and driveways.  It was noted this access easement is on the Marvin property except for approximately 10 ft. on the Bacon property, with deeded access to the other parties.

 

A motion was made by John Gravino, seconded by Carl Eligh, that the access in question is a shared driveway, not a street.  Findings of fact:  All Appeals Board members visited the site in question; entrance & egress drive is shared jointly by owners through easement; entrance & egress drive is maintained jointly by owners not by Town; entrance & egress drive does not have a street designation & is not dedicated to the Town; mailboxes for subject properties are located on Victor Road; subject properties have Victor Road addresses; trash pickup is on the Victor Road entrance.  With no street designation then properties/setbacks are referenced from Victor Road and not from the easement.

 

Roll Vote:  Cook – yes; Eligh – yes; Gravino – yes; Santovito – yes; Jeffries – yes.  Therefore, this is a shared driveway, and the Code Enforcement Officer was correct in his decision making.

 

A motion was made by Ron Santovito, seconded by Aaron Cook, to uphold the decisions made by the Code Enforcement Officer concerning this matter.

 

Roll Vote:  Cook – yes; Eligh – yes; Gravino – yes; Santovito – yes; Jeffries – yes.

 

MINUTES:

 

A motion to approve the 02-15-12 minutes was made by Aaron Cook, seconded by Carl Eligh.  All in favor; motion carried.

 

ADJOURNMENT:

 

A motion to adjourn the meeting was made by Carl Eligh, seconded by John Gravino.  All in favor; meeting adjourned at 8:38 p.m.

 

Respectfully submitted,

 

 

 

Susan Bush

Clerk to the Board