TOWN OF MACEDON

ZONING BOARD OF APPEALS

February 19, 2014

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, February 19, 2014, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and members Carl Eligh, Brian Frey, John Gravino and Ronald Santovito. Also present was Board Clerk Susan Bush. Absent were Town Councilwoman Sandy Pagano and Town Engineer/CEO Scott Allen.

Chairman Jeffries called the meeting to order at 7:30 p.m. He then explained the purpose for which the Board serves and read the Legal Notice as it appeared in the Times.

New member Brian Frey was introduced to and welcomed by the other Board members.

PUBLIC HEARING:

Z-01-14 – Tim Hortons USA – 470 Sampson Drive – Area Variance – Sections 135-190-A & C – Number & size of signs – Daniel Blamowski of Tim Hortons USA was present to address the Board. Tim Hortons USA will be constructing a new store on a parcel bordered by Route 31, Sampson Drive and the Walmart driveway. Access will be from Sampson Drive. Mr. Blamowski then reviewed the specifics of their request for signs. They would like a pylon sign (will meet height requirement) and two (2) building-mounted signs. The other four signs will be comprised of directional signs and the menu board. The building-mounted signs will be located on the south side (Route 31) and west side (Walmart). The pylon sign will be installed on the Route 31 side of the property. The additional building-mounted sign puts the square footage over the allowed amount. All signs will be internally lit.

Mr. Blamowski also reviewed the overall site plan for the Board members, including building style and landscaping. The new store will be 1,953 sq. ft., which is one of their medium-size stores and comparable to one recently opened in Penfield. Hours will be 24 hrs./7 days a week, but subject to change by the franchisee who will operate the store.

· Wayne County Planning Board – No intermunicipal or countywide impact; returned to the

Town to be handled as a local matter.

· Planning Board – Positive referral

· Town Board – Member absent

· SEQR – Completed as part of site plan approval; not required at Appeals level

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

BOARD DISCUSSION:

Z-01-14 – Tim Hortons USA – 470 Sampson Drive – Area Variance – Sections 135-190-A & C – Number & size of signs – A motion was made by Carl Eligh, seconded by Ron Santovito, to approve the variances as requested in the application. Board members noted that similar variances for other businesses had been granted in the past.

The five factors were then reviewed: There would be no undesirable change in the neighborhood; benefit sought could not be achieved by another method; variances requested were not substantial; no adverse physical or environmental effects; difficulty was self-created.

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

MINUTES:

A motion to approve the 01-15-14 minutes was made by John Gravino, seconded by Carl Eligh. All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by John Gravino, seconded by Carl Eligh. All in favor; meeting adjourned at 8:00 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board