TOWN OF MACEDON

ZONING BOARD OF APPEALS

June 20, 2018

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, May 16, 2018, 7:30 p.m., at the Town Complex, 32 Main Street, Macedon, NY.  Present were Chairman Warren Jeffries and Board members Brian Frey, Deborah McEwen and Mike Mosher.  Also present were Town Councilwoman Sandy Pagano and Board Clerk Brandi Schutt.  Absent were Ronald Santovito 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.

PUBLIC HEARING:

Z-03-18 – Newcomb – 337 Route 31 – Area Variance – Section 135-Schedule I & Section 135-183-A10 – Front yard setback & parking location – Eric Schaaf was present to address the Board on behalf of the applicant. He explained that the applicant would like to take down the existing building and build a new 4,600 plus or minus square foot building that will house a Taco Bell as well as a convenient store. There will be five fuel pumps and two diesel pumps, along with a kerosene station. The property is zoned general commercial and the applicant is seeking a special use permit. The application originally was asking for five variances but the applicant has narrowed that down to two variances. The sizes of the parking spaces will be 10 by 20 and five extra spaces were added on the west side. According to code, the gross net of square footage determines the number of parking spaces needed. The building requires 22 parking spaces and they will have 31. Mr. Schaaf explained that the new building will be set back further from Route 31 and will be more appealing. The current canopy will not be moving. The new building will be 51 feet from Wayneport Road. The existing building has 5 feet from the building to the parking spaces and the new building will have 10 feet on the front and 6 feet on the sides. Mr. Schaaf answered questions from the board stating that the current building does not meet the 75 foot setback, and there will be an estimated number of 10 employees working at any one time. Town Councilwoman Sandy Pagano stated that this project will be a nice addition to the community.

• Wayne County Planning Board – Recommended disapproval of the Area Variances

• Planning Board – Positive Referral

• Town Board – No comment

• SEQR – Not required at Appeals level

Mike Colacino from security management at Lyons National Bank was present to speak in favor of the application on behalf of Lyons National Bank. Mr. Colacino stated that they have no objections to the project taking place next door to the bank.

There was no one else to speak for or against the granting of these variances.  The public hearing was closed at 7:51 p.m.  

BOARD DISCUSSION:

Z-03-18 – Newcomb – 337 Route 31 – Area Variance – Section 135-Schedule I & Section 135-183-A10 – Front yard setback & parking location – Chairman Warren Jeffries said he was not allowing anyone to make a motion for this application. He stated that the Wayne County Planning Board recommended the application to be disapproved and that in order to overturn the County they would need every member to be present to vote. Town Councilwoman Sandy Pagano asked why they couldn’t vote when they had a quorum. Chairman Warren Jeffries continued to state that in order to overturn the County Planning Board they needed everyone present. Another board member pointed out that the County Planning Board stated in their letter the recommendation for disapproval and then listed their concerns. He stated that the concerns from the County were for the three variances that the applicant had resolved before the public hearing. He said that the letter stated no concerns about the two variances the applicant was asking for, so he was still unsure why they could not vote. Chairman Warren Jeffries said the meeting would be adjourned until next month. After a discussion about absences next month the board decided on a special meeting to be held next week.

MINUTES:

A motion to approve the 12-20-17 minutes was made by Brian Frey, seconded by Mike Mosher.  All in favor; minutes approved.

ADJOURNMENT:

A motion to adjourn the meeting was made by Mike Mosher, seconded by Brian Frey.  All in favor; meeting adjourned at 8:02 p.m.

Respectfully submitted,

Brandi Schutt

Clerk to the Board