TOWN OF MACEDON

ZONING BOARD OF APPEALS

June 15, 2016

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, June 15, 2016, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY. Present were Chairman Warren Jeffries and Board members Carl Eligh, Brian Frey, Anthony Rosati and Ronald Santovito. Also present was Board Clerk Susan Bush. Absent were Town Councilman Bruce Babcock and Town Engineer/CEO Scott Allen.

Chairman Jeffries called the meeting to order at 7:45 p.m. He then explained the purpose for which the Board serves and read the Legal Notice as it appeared in the Times.

PUBLIC HEARING:

Z-03-16 – Miller – 2933 Route 350 – Area Variance – Section 135-61-B-5 – Accessory structure (pole barn) in side yard – Applicant Bradley Miller was present to address the Board. He would like to construct a 30’ x 40’ pole barn, but due to the configuration of his lot, he does not have sufficient area in his rear yard to accommodate the structure. He also explained that even if he rotated the structure 90°, it still would not fit behind his house. Therefore, a variance is needed to put the barn in the side yard. He stated the siding on the barn will match his house as closely as possible, and he is planning to install a separate driveway for access to the barn. The barn will be used for storage of personal vehicles & items. No commercial use will be made of the building.

· Wayne County Planning Board – Returned to the Town to be handled as a local matter.

· Planning Board – Recommended the back of the barn meet the rear setback line for

accessory structures in order to position the building as far back on the lot as possible.

· Town Board – No comment

· SEQR – Not required at Appeals level

There was no one else to speak for or against the granting of this variance. The public hearing was closed at 8:00 p.m.

Z-04-16 – Verizon – 1146 Route 31 – Area Variance – Sections 135-190-A, C, E, F – Size & number of signs – Luke Fletcher of Verizon was present to address the Board. He reviewed the application and presented a revised sign package. He noted that the building-mounted signs had been reduced in size (187.1 sq. ft. vs. 222.8 sq. ft.) and the pylon sign had been moved back due to the location of underground utilities and would not require a variance for setback (135-190-F). The pylon sign height of 30 ft. was requested to avoid obstructing the plaza sign. Mr. Fletcher explained that it is important for Verizon to identify their stores with signage. The signs generate a substantial amount of their business, and the proposed signs fit their business very well. All signs will be internally lit with no flashing or movement.

Ted Filer, owner of this property & the plaza, was also present to address the Board in support of this application. He explained that Verizon would be using two suites in the subject building, and if one of those suites had been occupied by another tenant, that tenant would also need a sign. The “middle” suite of this building had been vacant for 10 years, and it was an improvement to have an attractive tenant coming in to occupy this space. He further explained that the plaza pylon sign panels were for plaza tenants and only used by outparcel tenants on a temporary basis.

Another representative from the applicant was present to support this request.

· Planning Board – Recommended denial of this request. Members were not in favor of any

additional signs and felt the sign variance recently granted for this property (Staples, Z-02-16)

would be sufficient for building-mounted signs (2) with no pylon sign.

· Wayne County Planning Board – Returned to the Town to be handled as a local matter.

· Town Board – No comment

· SEQR – Not required at Appeals level

There was no one else to speak for or against the granting of these variances. The public hearing was closed at 8:25 p.m.

MINUTES:

A motion to approve the 02-17-16 minutes was made by Carl Eligh, seconded by Brian Frey. All in favor; minutes approved.

BOARD DISCUSSION:

Z-03-16 – Miller – 2933 Route 350 – Area Variance – Section 135-61-B-5 – Accessory structure (pole barn) in side yard – A motion was made by Carl Eligh, seconded by Tony Rosati, to grant the variance as submitted in the application.

It was noted that due to the configuration of the lot, this applicant has little choice in the location of his barn.

An amended motion was made by Carl Eligh, seconded by Tony Rosati, to grant this variance as requested with the condition the back of the barn meet the rear setback requirement for an accessory structure of 15 ft. from the property line.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; benefit sought could not be achieved by another method; variance sought was not substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

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

Z-04-16 – Verizon – 1146 Route 31 – Area Variance – Sections 135-190-A, C, E, F – Size & number of signs – A motion was made by Carl Eligh, seconded by Brian Frey, to grant these variances per the amended application as follows:

Section 135-190-A – Four (4) signs total (3 building-mounted & 1 pylon) vs. two (2)

signs allowed

Section 135-190-C – Total sign square footage of 187.1 sq. ft. vs. 164 sq. ft. allowed

Section 135-190-E – Pylon sign of 80 sq. ft. & 30 ft. height vs. 24 sq. ft. & 20 ft. height

allowed

Board members discussed the height of the proposed sign (30 ft.) compared to Walmart and Filer’s PowerSports (28 ft.) and whether or not the higher sign was needed. Mr. Eligh and Mr. Rosati felt the higher sign was not needed; however, it was again pointed out by Mr. Filer that the higher sign was needed so that it would not obstruct the sign for the plaza.

The five factors were reviewed: There would be no undesirable change in the character of the neighborhood; benefit sought could be achieved by another method; variance sought was not substantial; there would be no adverse impact on the physical or environmental conditions in the neighborhood; difficulty was self-created.

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

ADJOURNMENT:

A motion to adjourn the meeting was made by Carl Eligh, seconded by Warren Jeffries. All in favor; meeting adjourned at 8:50 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board