TOWN OF MACEDON

ZONING BOARD OF APPEALS

September 19, 2018

The Town of Macedon Zoning Board of Appeals meeting was held on Wednesday, September 19, 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, Michael Mosher and Ronald Santovito. Also present were Town Board Liaison Sandy Pagano and Board Clerk Susan Bush. Absent was 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 HEARINGS:

Z-10-18 – Lyons National Bank – 359 Route 31 – Area Variance – Sections 135-190-C & E – Size of monument sign – The public hearing was opened at 7:35 p.m. Mike Colacino, Security Manager for Lyons National Bank, was present to address the Board. He explained LNB would like to improve their sign on Route 31. Since the original installation in 2007, their logo has changed, and their street numbers have deteriorated. The new sign would address these issues. The electronic portion of the proposed sign would eliminate the need for temporary advertising banners currently being used. The electronic message would be fixed, no flashing or running, with the message changed perhaps twice a day. New monument sign will be in the same location, have a larger footprint, but will not be closer to Route 31. LNB will also be removing a sign on the Walmart side of the building. Mr. Colacino indicated the proposed sign may be scaled down, but they are seeking approval for the maximum size.

A resident spoke in favor of granting these variances.

· Planning Board – Recommended approval with consideration to the following conditions:

(1) Digital message should remain constant for a period of at least 24 hours; (2) Digital

message should be one consistent color; (3) No temporary banners on the property; and,

(4) Size of proposed sign appears too large for the site and size of building. Gross size of the

proposed sign should be in line with the existing sign.

· Wayne County Planning Board – No intermunicipal or countywide impact. Returned to Town

to be handled as a local matter.

· Town Board – No comment

· SEQR – Not required at Appeals level

There was no one else present to speak for or against the granting of these variances. The public hearing was closed at 7:43 p.m.

Z-09-18 – Dunning – 1073 Wilson Road – Area Variance – Section 135-61-D-(1) – Livestock (chickens) on less than 5 acres – The public hearing was opened at 7:44 p.m. Applicant Deanna Dunning was present to explain her request. She stated she is a 9-year resident of the Town. In April, 2017, she had a serious automobile accident and has since been disabled. Originally she was given chickens as a gift, and the care of the birds has helped in her rehabilitation. This property is 2.39 acres with the chicken coop located 43 ft. from the property line. Ms. Dunning feeds and waters the animals twice a day, and the location of the coop is necessary due to her physical disability. Current enclosure is 6’ x 12’ and adequate to house the number of birds she has (20). A second small coop has been removed. She felt she had the support of most of her neighbors and presented letters from neighbors and therapists.

A family member and neighbor both spoke in support of this request. This neighbor indicated the animals are well tended and help Ms. Dunning in her recovery.

The neighbor at 1061 Wilson Road spoke against granting the variance. He is the closest neighbor to the property, and the coop is about 30 “paces” from his bedroom window. The noise and smell have been bad, especially during the past hot summer, and he stated this situation was not acceptable. He indicated Ms. Dunning had six (6) chickens last year, now has twenty (20), and has brought in a larger coop. He presented an article regarding backyard chickens and the risk of disease. He also felt Ms. Dunning no longer lived at this residence.

The Town Board Liaison asked Ms. Dunning about her residency. She indicated she has many medical appointments which take her away and sometimes stays overnight with her boyfriend.

· Planning Board – Recommended denial

· Town Board – No comment

· Wayne County Planning Board – Referral not required

· 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 8:09 p.m.

BOARD DISCUSSIONS:

Z-10-18 – Lyons National Bank – 359 Route 31 – Area Variance – Sections 135-190-C & E – Size of monument sign – A motion was made by Ron Santovito, seconded by Mike Mosher, to approve these variances as submitted. Board members discussed height/shape of the sign and elimination of the temporary banners. An amended motion was made by Ron Santovito, seconded by Mike Mosher, with conditions: Electronic portion to be one solid color, may not flash or run; digital message cannot be changed more than twice in 24 hours; message to be one consistent color for entire message; temporary banners no longer allowed.

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

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

Z-09-18 – Dunning – 1073 Wilson Road – Area Variance – Section 135-61-D-(1) – Livestock (chickens) on less than 5 acres – A motion to deny granting the variance was made by Deb McEwen, seconded by Brian Frey. Board members discussed a previous variance granted for chickens; however, that request was for a larger property (3.5 acres) originally part of an old farm; fewer animals were approved; and, there had been no neighbor opposition. With the current request, issues with noise and odor have been raised by the closest neighbor. Board members also discussed the location of the chicken coop.

The five factors were reviewed: There would be an undesirable change in the character of the neighborhood; benefit sought could be achieved by another method; variance requested is substantial; there would be an adverse physical or environmental impact; difficulty is self-created.

Roll Vote: Frey – yes; McEwen – yes; Mosher – yes; Santovito – yes; Jeffries – yes. Therefore, this variance is denied.

MINUTES:

A motion to approve the 08-15-18 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 Ron Santovito, seconded by Deb McEwen. All in favor; meeting adjourned at 8:37 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board