MEMBERS PRESENT: Chairperson Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat, Sandy Jeski,
ALTERNATES PRESENT: Jim Kupchunos sat for N' Marie Crumbie
Andrea Momnie
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
Kathy Middleton, Recording Secretary
Chairperson Berstene called the meeting to order at 7:09 PM.
Motion to move Item 4 (Other Business) on the agenda up to Item 1
Was made by: Commissioner Wagner
Seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous
Elections
Motion to elect Tom Berstene as Chairperson of Zoning Board of Appeals
Was made by: Commissioner Wagner
Seconded by: Commissioner Jeski
The motion carried
The vote was unanimous
Motion to elect Steve Wagner as Vice-Chairperson of Zoning Board of Appeals
Was made by: Commissioner Jeski
Seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous
Motion to elect Teri Dickey-Gaignat as Secretary of Zoning Board of Appeals
Was made by: Commissioner Jeski
Seconded by: Commissioner Wagner
The motion carried
The vote was unanimous
Bylaws
(Changes are in italics)
Motion to amend Paragraph II, Subparagraph E to read: Regular meetings of the Board shall be held in accordance with the published schedule located in the Town Clerk's office. No meetings will be held in August. Meetings may be cancelled at the discretion of the Chairperson.
Was made by: Commissioner Jeski
Seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous
Motion to: amend Paragraph VIII, Subparagraph E to read: The reason for granting or denying an appeal or variance must be set forth in the minutes.
Was made by: Commissioner Wagner
Seconded by: Commissioner Jeski
The motion carried
The vote was unanimous
Commissioner Dickey-Gaignat asked in regard to the change in meeting time from 7PM to 7:30PM that if on a particular day there are several applicants for one month, will the meeting time change to 7PM. Berstene stated that it would. Lipe stated that she has a concern with changing the meeting times because when people come into the Town Hall with applications, many times they don't know what month their application will be heard and stated that there should be continuity with regard to the time meetings are held. Berstene stated that it would be only on occasion when there are several applications to be heard in the same month.
Public Hearing
Chairperson Berstene called the public hearing to order at 7: PM.
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on December 22, 2007 and December 29, 2007.
Appl. #2716-08 - Artfx Signs request for a 1' 4" height variance to Table 6.5.8b to allow a sign to be 6' 4" (5 feet allowed) for Century 21 on property located at 35 Oakland Road, RC zone
Lawrin Rosen, Owner of Artfx Signs and representing Curt Clemens Jr., property owner of 35 Oakland Road (Century 21) came before the Commission and stated that the reason for requesting the variance is that the sign that is currently on the property has little or no visibility of the sign. Rosen submitted a photo for the record (see Attachment A). Rosen stated that another reason is that the State owns 12' of the front property line which leaves about 5'2" between the edge of the curb and the property line. Rosen stated that other alternatives were looked at with regard to sign height and width restricted the sign encroaching into the State roght of way. Rosen stated that he contacted the State and there are complications with leasing areas and indicated that it would not be feasible.
Rosen stated that with the molding and the keystone on the sign, it puts the sign height at 6' 4" and feels that if those were eliminated to keep the height requirement the aesthetics would be sacrificed.
Wagner asked Lipe if there was a setback requirement for that area. Lipe attend that the setback is ten feet behind the property line and stated that the setback has been met. Rosen stated that the Enforcement Officer was at the site and the setback was met.
Kupchunos asked if the existing trees would be affected by the sign. Curt Clemens, Property Owner of Century 21 stated that the dead bushes would be removed and replaced with landscaping.
There was discussion about the illumination of the sign. Rosen stated that they would be using shutter lighting. Lipe stated that there is a regulation that pertains to lighting of signs and stated that a sign cannot be lit beyond a ten percent perimeter of the sign. Lipe stated that the Zoning Enforcement Officer will evaluate the lighting to ensure that it meets that requirement.
Lipe stated that the new sign regulation that went into effect in June reduced the height and size of signs. If it is a monument sign, it can be 24 square feet and 5 feet. If the applicant wished to go higher than five feet, then the square footage has to be reduced to 12 square feet. Lipe stated that she was not sure when the existing Century 21 sign was first put up.
Public hearing closed at 7:50 PM
ITEM: Deliberative Session
A motion was made by Wagner to approve Appl. # 2716-08 - Artfx Signs request for a 1' 4" height variance to Table 6.5.8b to allow a sign to be 6' 4" (5 feet allowed) for Century 21 on property located at 35 Oakland Road, RC zone based on the hardship that there is a unique visibility issue and the position of the existing parking lot and property line. Berstene asked if anyone wanted to second the motion. Kupchunos seconded but requested to enter into discussion.
Kupchunos requested that if the applicant was going to remove existing shrubbery that it be replaced. Lipe stated that it could be a condition of approval.
Jeski asked Lipe how high Dzen's sign is. Lipe stated that she did not know the exact height but believes that it is between 5 and 10 feet in height.
Jeski stated that she does not see a hardship with this application. Berstene stated that under the new regulation they are trying to make their new sign conform more to the regulations by bringing it down in height. Jeski asked why they couldn't take the new sign and put it on top of the existing structure of the old sign. Lipe stated that once a sign is taken down, it must conform to the new regulations.
Kupchunos asked if the 24 foot area is the whole area of the sign or just the letters. Berstene stated that it does not include the number in the keyhole of the sign. Lipe stated that it is the black area of the sign with out the number.
Wagner stated that the trees create the hardship and if the trees weren't there, he would not see a hardship.
Berstene stated that as a condition would be to bring the bottom of the sign as close to 1 ½ feet to minimize the distance to the ground.
Lipe stated that she could go back in the records and get the dimensions of the existing Dzen sign and Century 21 sign along with the distance from the road and bring it to the next meeting.
Motion to table deliberation on Appl. #2716-08 - Artfx Signs request for a 1' 4" height variance to Table 6.5.8b to allow a sign to be 6' 4" (5 feet allowed) for Century 21 on property located at 35 Oakland Road, RC zone
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was: unanimous
ITEM: Minutes
Motion to approve the minutes of November 1, 2007.
Was made by: Commissioner Dickey-Gaignat
Was seconded by: Commissioner Jeski
The motion carried
The vote was unanimous
ITEM: New Business
Berstene stated that he received letters from the Council reappointing members and adding Momnie as an alternate and Crumbie as a regular member.
Berstene stated that he received and invitation to the Leadership Roundtable to held on January 28, 2008. Berstene stated that he also received a notice regarding the ethics training on January 29, 2008. Commission Chairpersons and members must attend this mandatory meeting if they have not attended in the past year.
ITEM: Adjournment
Motion to: adjourn the meeting at 8:16 PM
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Katherine J. Middleton
Recording Secretary
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