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ZBA Minutes 3-6-2008
MEMBERS PRESENT:        Chairperson Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat, Sandy Jeski, N' Marie Crumbie

ALTERNATES PRESENT:     
        
STAFF PRESENT:  Michele Lipe, Assistant Director of Planning
                 Kathy Middleton, Recording Secretary

Chairperson Berstene called the meeting to order at 7:34 PM.


ITEM:  Deliberative Session

Motion to take off the table the 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 Dickey-Gaignat
The motion: carried
The vote was: unanimous

Michele Lipe, Assistant Director of Planning provided additional information that was requested from the Commission regarding the dimensions and the distance from the road of the existing Dzen sign and the medical arts sign.  The Commissioners discussed the application.  Berstene stated that the trees are obstructing the view of the sign when traveling from the west and because the trees were put there by the State they cannot be removed.   Berstene stated that the old sign looks out of place and a new sign would contribute to formality in the Gateway zone.  Wagner stated that if they make them conform to regulation they would have to make the sign lower.  Jeski stated that if the sign is up higher than it will still be in the tree branches and still blocked.  So if they took out all of the low shrubbery and put the sign almost on the ground it would be more visible.  

Wagner stated that the sign that is proposed is a great improvement over the sign that is currently there.  

The Commissioners discussed the hardship.  Berstene stated that there was a discussion with the applicant about the parking lot because of where they could place the sign because there is a certain distance away from the property line that is required.  Berstene read the original hardship letter submitted by Artfx and stated that due to the width restriction, they cannot have a lower sign.  Jeski stated that she feels the hardship seemed to be more of a financial nature.  Berstene stated that he believes it is a safety issue because there were three accidents in one week in that area.  Crumbie stated that the applicant has clearly stated the hardship and the issue of safety should be taken into serious consideration.

Motion to modify the hardship as stated in the original motion to approve that was made during the meeting on January 3, 2008.

Was made by:  Chairperson Berstene
Seconded by:  Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous

The hardship was redefined to be:
1.      That the visibility of the current sign is obstructed by trees planted by the State as part of the landscape beautification.  
2.      The proposed sign must meet the State Right of Way requirements and the location identified where the sign can fit is restricted by the distance between the property line and the parking lot.
3.      Additional height for the new sign would help ensure that drivers can quickly and safely identify the business location and the driveway entrance.

Motion to approve the modified motion for 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:  Chairperson Berstene
Seconded by:  Commissioner Dickey-Gaignat
The motion carried 4 to1 with Commissioners Wagner, Crumbie and Dickey-Gaignat and Chairperson Berstene voting in favor of the motion and Commissioner Jeski voting against the motion.


ITEM:  Minutes

Motion to approve the minutes of January 3, 2008 as amended.

Was made by: Commissioner Jeski
Was seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous


ITEM: Other Business

Chairperson Berstene read the changes aloud that were made to the bylaws and a motion was made to approve those changes.

Motion to approve the adoption of bylaws

Was made by: Commissioner Jeski
Was seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous

ITEM:  Adjournment

Motion to:      adjourn the meeting at 8:35 PM

Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous




        
Katherine J. Middleton
Recording Secretary