TOWN OF PRINCETOWN
165 PRINCETOWN PLAZA
SCHENECTADY, NEW YORK 12306
ZONING BOARD OF APPEALS
PUBLIC HEARING
Brothers Equity of NY, LLC
Peter Jordan, DVP Design Services, Inc.
December 14, 2009
PRESENT: Victor Benson
Samuel Salamone
Rich Olsen
Tim Bishop
Eric Plura - Chairperson
Absent: Michael Hickok
Joe Jurczynski
ALSO PRESENT: Peter Jordan, Todd Edwards, Melanie Whiteley, Paul Hasbrouck, Gino Santabarbara
•I. CALL TO ORDER @ 7:05 PM
•II. CORRESPONDENCE:
LEGAL NOTICE:
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Princetown will conduct a hearing on the following propositions on Monday, December 14, 2009 @ 7:00 PM at the Princetown Town Hall, 165 Princetown Plaza:
Brother's Convenient Mart, Inc. located at 609 Western Turnpike, Altamont, New York is hereby requesting an area variance for a sign change as per zoning Law § 7.9.
By order of the Zoning Board of Appeals Eric Plura, Chairman
PLANNING BOARD MEMORANDUM:
Applicant's request was discussed @ the Planning Board's November meeting. A majority of members did not have objections. NYSDOT letter of October 22, 2009 should be noted by ZBA.
SCHENECTADY COUNTY PLANNING DEPARTMENT:
Schenectady County Department of Economic Development and Planning "defers to local consideration..."
•III. DISCUSSION:
Peter Jordan (35 Bellwood Drive, Langhorne, Penn 19053, representing Brother's Equity) discussed with Board and Town Attorney Mathes, change of verbiage on existing pole (free standing) sign determined to be in the State DOT right-of-way (DOT requires a Use and Occupancy permit, paid yearly, and named as additionally insured for $2,000,000) and additional signage requests. The Board and Attorney Mathes determined that according to Town Zoning an area variance is not required on the free standing sign (§ 7.9A Town Zoning):
A MOTION WAS MADE BY Tim Bishop and seconded by Sam Salamone, that a variance on existing pylon (free standing) sign is not needed according to proposed change:
V. Benson Aye
R. Olsen Aye
S. Salamone Aye
T. Bishop Aye
E. Plura Aye
VARIANCES NEEDED:
•1. Variance for the square footage of the signage mounted to the building. Both signs amount to a total of 90 Sq. ft. (45 sq. ft. each) and only 46.6 sq. ft. total is permitted
•2. Variance for location of one sign mounted to the building. The sign mounted to the building faces the Old Settles Hill Road, which is an abandon road, is not permitted.
•3. Variance for a canopy sign. The application is for replacement of existing sign with a "bump-out" of 7 sq. ft above the roof line.
Planner Santabarbara discussed with the Board how the above variances were determined. Since the Town has abandon the adjacent road, formerly known as Settles Hill Road, a variance is needed since the store is no longer on a corner lot; the owner would like to put building signs facing both Rt. #20 and the former Settles Hill Road. P. Jordan further explained the Golf logo and what each sign would contain (re: verbiage).
*T. Bishop asked what the financial benefit would be for these requests. P. Jordan indicated he would not be able to answer that question. P. Jordan's role is to obtain permits not the marketing end of the business.
*T. Bishop asked if other improvements have taken place to the building. P. Jordan does not know. V. Benson discussed with Board, Jordan and Santabarbara the various signs that exist now, the pizza business that is also conducted from this establishment and the question of the "abandon" road adjacent to this business.
•IV. BALANCING TEST:
•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. Yes (Bishop)
•2. Whether the applicant can achieve his goals via a reasonable alternative which does not involve the necessity of an area variance. (Applicant could redesign signs to conform to permitted standards, Salamone)
•3. Whether the requested area variance is substantial. Yes (Bishop)
•4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental condition in the neighborhood or district. No (Bishop)
•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. (signs could be re-designed to fit criteria, Salamone)
•V. PUBLIC COMMENT
•· Todd Edwards (2583 Pangburn Road): the proposed variances would increase the aesthetics of this establishment. The Town would like to encourage a more professional look to the commercial areas of Town and this signage requested would be a step in the right direction. Regarding the abandonment of Settles Hill Road: this is not a self-created condition; the Town required the abandonment as a condition of another, unrelated, approval.
•· Paul Hasbrouck (2627 Giffords Church Road): The sign requirements in the Town's current zoning are 30 +/- years old and probably not relevant to today. The current owner of this business has made several improvements and new updated signage would further add to the overall improvement of the area.
•VI. SEQRA DETERMINATION
A MOTION WAS MADE BY Eric Plura and seconded by Tim Bishop to declare a negative declaration for the SEQRA determination.
V. Benson Aye
R. Olsen Aye
S, Salamone Aye
T. Bishop Aye
E. Plura Aye
*Chairman Plura indicated that all the variances could be grouped together or taken individually. The Board discussed.
A MOTION WAS MADE BY Eric Plura and seconded by Victor Benson to approve all three requested variances with the condition that the applicant obtains a Use and
Occupancy permit from DOT and conforms with the Uniform Fire Prevention and Building Code of NYS (per Princetown CEO, D. Marciniak) .
V. Benson Aye
S. Salamone Aye
R. Olsen Aye
T. Bishop Deny
E. Plura Aye
Respectfully Submitted,
Carol McClaine
Town Clerk
