TOWN OF PRINCETOWN
ZONING BOARD OF APPEALS
PUBLIC HEARING
Thomas Ketchum
September 8, 2008
PRESENT: Samuel Salamone
Rich Olsen
Tim Bishop
Eric Plura - Chairman
ABSENT: Joe Jurczynski
ALSO PRESENT: Gino Santabarbara, Tom and Sarah Ketchum and Marvin & Maryjane Blessing and Town Attorney - Cheryl E. Sarjeant
Minutes were taken by Dawn M. Campochiaro, Secretary
I. CALL TO ORDER
Chairman Plura called the meeting of Zoning Board of Appeals to order at 7:30pm.
II. CORRESPONDENCE:
Dawn Campochiaro, Secretary read the following notice as posted in the Daily Gazette:
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Princetown will conduct a hearing on the following proposition on Monday, September 8, 2008 at 7:30pm at the Town Hall at 165 Princetown Plaza:
Mr. Thomas Ketchum is hereby requesting an area variance to restore a stainless steel diner sign in a commercial zone property located on 655 Western Turnpike, Duanesburg, NY Tax Map# 422.600, 69-3-5.1 according to zoning law 7.9F2.
Chairman Plura asks the secretary if there was any correspondence from the Schenectady County Planning Department. Answer is no.
Chairman Plura asks the secretary if there was any correspondence from the Town of Princetown Planning Board: Answer is Yes.
The Planning Board, at its August 28th, 2008 meeting, discussed the applicant's request for an area variance to allow an original sign to be used with a restored diner on his commercial property 655 Western Turnpike. In reviewing the applicant's written comments in Attachment 1 and the materials he has provided to support his request, the Planning Board noted that Princetown's Zoning does not allow building-mounted signs in commercial zones to extend at all above the roof of the building. This sign would extend about eight feet above the roof. The Zoning allows one square foot of sign area for every linear foot of building facing the road, not to exceed one-hundred square feet. In this case, the 38-foot width of the diner would allow for a 38 square-foot sign. The applicant's estimate of the sign's area is approximately 70 square feet making it about 45% larger than the zoning would allow.
While the area variance would be substantial, the majority of the Board members felt that it should be granted due to the fact that the sign is the original and fits with plans to restore the 1950's diner. The Board went on to discuss conditions of site plan approval and special use permitting that would limit the hours of illumination of the sign, disallow any flashing, moving or intermittent lights on the sign, and ensure that disturbance to nearby residential neighbors would be minimal. In addition, the Town Attorney will be checking on whether the applicant needs to get NYSDOT approval to erect a sign along a state road as provided for in Princetown's Zoning Section 7.9.D-6.
Thus, it is the Planning Board's recommendation that the area variance be granted.
Chairman Plura asks who in the audience is hereby requesting this area variance? Mr. Thomas Ketchum stated he was and that he would like to restore a 1950's diner along with the original sign. Mr. & Mrs. Ketchum showed the board pictures of the old diner with the sign and also a letter from the nearest neighbor (Fred & Marie Belfance) indicating they had no problem with the sign being erected.
Chairman Plura stated to Mr. Ketchum that he will also have to get in touch with NYSDOT to see if they have requirements or prohibitions with respect to the sign.
Chairman Plura asked the board members if they had any questions.
III. BALANCING TEST:
The 5 points were reviewed:
•1. Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by the granting of the area variance.
Tim Bishop asks what commercial district is it in. Gino S. answered it is a C-1. Tim Bishop asked have the other businesses in the area gone through our sign ordinance? Chairman Plura said he is not aware if they did or not, but they (Citgo) did come for a different sign and they were approved.
Sam Salamone stated is would be consistent with the businesses in the area.
•2. Whether the applicant can achieve his goals via a reasonable alternative which does not involve the necessity of an area variance.
Tim B stated they could have a small sign that complies with the ordinance.
•3. Whether the requested area variance is substantial.
Tim Bishop said yes as it is 45% bigger than what the sign ordinance allows.
•4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
No
5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.
Tim Bishop said yes because they could have smaller sign.
Chairman Plura states that in order to restore the sign to the original diner, it would not be self-created as the applicant would like to leave the sign in its original state.
IV. PRIVILEGES OF THE FLOOR
Mr. Marvin Blessing of Giffords Church Road stated there was a restaurant and road house on the Mr. Ketchum's property about 200 years ago. Mr. Blessing would like to see a restaurant and more businesses open in the Town of Princetown.
Chairman Plura closes the meeting to the public.
Chairman Plura states to the board that they need to vote on the Negative Declaration stating there is no Environmental Impact on the property.
Tim Bishops motions that there is no significant substantial adverse impact to the environment.
Sam Salamone seconds the motions
V. ROLL CALL OF NEGATIVE DECLARATION:
Sam Salamone - votes in favor of Negative Declaration
Tim Bishop - votes in favor of Negative Declaration
Rich Olsen - votes in favor of Negative Declaration
Chairman Plura - votes in favor of Negative Declaration
Chairman Plura states to the applicant that they have a right to have a vote by a full zoning board of appeals, if the applicant feels that they would like the board tonight to vote then they will, but if the applicant does not then the meeting can be postponed. Mr. Ketchum decides he would like to postpone.
VI. ROLL CALL
Sam Salamone - in favor of postponement
Tim Bishop - in favor of postponement
Rich Olsen - in favor of postponement
Chairman Plura - in favor of postponement
Motion to adjourn the meeting was made by T. Bishop and seconded by S. Salamone
Motion carries 4-0 to postpone meeting.
Meeting adjourned until September 22, 2008 at 7:30pm
Meeting adjourned at 8:10pm
CORRESPONDENCE:
Continuation of Ketchum: September 22, 2008
Chairman Plura stated this meeting is a continuation of the September 8, 2008 as one board member (Victor Benson) was absent.
Chairman Plura asks Victor Benson if he had read the minutes from the September 8th meeting. V. Benson stated he had and Mr. and Mrs. Ketchum showed him pictures of the diner that were previous shown to the other board members.
Chairman Plura asks V. Benson it there is anything he would like to change on the balancing test. V. Benson said no.
Chairman Plura opens the meeting to the public: Mr. Mike Jacobson of 3911 Western Turnpike stated he is in support of this diner and feels it would be a good asset for the community.
Chairman Plura closes the meeting to the public.
T. Bishop states he would like to talk about, the ZBA as a board and that the ZBA is here to enforce community standards and to look at exceptions and to make sure the ZBA has compelling reasons when the ZBA deviates from the community standards. Princetown has pretty clear guidelines that state the town does not allow large signs, bill boards, etc. Tim would like to give the applicant another shot at giving him a compelling reason for the area variance to be approved.
Mr. Ketchum states the compelling reason is because it is a nostalgia building and a piece of history. And the sign goes with the diner; it was manufactured with the building.
T. Bishop stated to Mr. Ketchum that the diner was in Illinois? Mr. Ketchum stated yes. T. Bishop stated nostalgia to him goes with the geographic area or time period or culture and he feels that where Mr. Ketchum took the building was only nostalgia for the area in Ill not in Princetown.
Chairman Plura makes the motions to approve the variance with two exceptions:
No flashing lights and
The sign needs to be turned off at 9:00pm.
Sam Salamone seconds the motion to approve the variance
ROLL CALL:
V. Benson - in favor of approving the variance
S. Salamone - in favor of approving the variance
T. Bishop - opposes of approving the variance
R. Olsen - in favor of approving the variance
Chairman Plura - in favor of approving the variance
Motion carries 4-1 to approve the variance.
Meeting adjourned at 8:15pm
Respectfully submitted by:_________________________________ Date:_______________
Dawn M. Campochiaro, Zoning Board Secretary
