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HomeMy WebLinkAbout2002-12-03 TOWN OF DRYDEN ZONING BOARD OF APPEALS December 3 . 2002 AGENDA : ( 1 ) Teresa Howley ( 2) Ithaca Self Storage MEM . PRE ENT: Chairperson Charles Hanley, Stuart Berg , Walter Matyjas ALSO PRESENT : Zoning Officer Henry Slater, Recording Secretary Penny Lisi , Applicant ( 1 ) Teresa Howley ( 2 ) Patrick Doyle — Rapp Sign o , LEGAL COUNSEL : Randy Marcus ( 1 ) TERESA HO LEY 7 : 30 PIVI : Chairperson Hanley opened the hearing of Teresa Howley of 99 Etna Road , Ithaca who is requesting permission to erect a freestanding sign at 6 square feet in area where 2 square feet are permitted for home business occupation , This is requesting variance to Articie 15 Section 1502 . 5 a & c of the Dryden Town Zoning Ordinance , Chair Hanley read the record into file . Chair Hanley asked Ms . Howley if there was anything she would like to add or emphasize in any way point out to the board . T. Howley : I think I made it clear. C . Hanley : Okay , I ' ll open it up to the board for any questions you have , S . Berg : I 'd life to point out one thing probably six months ago we talked about discussing signage for homes and we said we 'd discuss it after the business was over and make a recommendation or a request to the Planning Board and that hasn ' t happened . I really do believe that needs to happen and we even have that information that was sent from Cornell Cooperative Extension about signage and it really needs to happen because in my opinion this is completely reasonable . I have no problem what so ever and {probably should not even have to come before us as a variance if the law was changed as we might recommend it, W. Matyjas : ,lust to dovetail that, what ' s the speed limit right there ? T. Howley : I believe it' s 46 . C . Hanley : Henry , I meant to call and ask you about agricultural signs/farm signs ; what' s their regulation ? H . Slater: It says that agriculture product signs small be 15 ' from the edge of the road right of way. So what happens if " Millers Milkers " paints a sign on their barn because that' s their sign logo , nobody has ever pointed much to it but agriculture gets treated very reasonable and I really don 't have a real answer for you other than agriculture signs for the family farm and not for bean canneries have to be just 15 ' from the edge of the road right of way , C. Hanley : There ' s no restriction on area ? H . Slater : There ' s no mention of sign size or any of that nature , C . Hanley : I agree with everything Stu said , i wish they would change it. S . Berg ; You and I won 't be around but you will be Randy and I still think that a future meeting should come up with a recommendation to the Planning Board , C . Hanley : We could charge Fundy with writing a letter to them _ R. Marcus : If you would like , I could put together a letter. Off hand , Henry, I ' m not sure if it would go just to the Planning Board or to the Town Board . H . Slater , It goes to the Town Board and then if they see fit they refer it to the Planning Board for recommendation , R . Marcus : It could be as simple as a statement that in recent years the zoning board has spent a considerable amount of time on applications for larger or additional signage for home businesses . It ' really concerned with home business . W. Matyjas : Its home business and they' re not 32 square feet_ R. Marcus : tell , I think that the point of comparison that' s been raised on each of these occasions is where you have a bed and breakfast that's allowed to be six square feet and anything else that goes on at home is basically allowed to be two _ There doesn 't seem to be a justification for having substantially smaller signs for businesses other than a bed and breakfast , Or }gut it the other way , there doesn 't seem to be any reason that you allow so much more of a sign for a bed and breakfast . If you 'd fike I 'd be happy to write a request from the zoning board , S . Berg : Before you send that out, are you going to want it to be approved by this committee? R. Marcus : I ' m asking you what you would like , If you want me to just send it I Can send it; if you want me to put together a letter and ask that any member of the zoning board be given it to review it for discussion . S . Berg : I would say fine , but the way I feel really, if you think about it , there ' s ' ust a quorum here and two of the three will not be here in January therefore , you ' re sending out a Ietter that we' re swing okay to and only one person is going to be around to stand behind it so I think I would feel more comfortable if you brought it to the January meeting and the members here in January said that' s fine, let ' s send that , C . Hanley : There won 't be a January meeting . H . Slater : And i wasn 't aware that you weren 't coming back either. C. Hanle} : He gave six months notice , S . Berg : I gave several months notice . H . Slater: I was never made aware of that, I S . Berg : I didn 't know that was necessary , H . Slater . No , it' s riot . C . Hanley : He announced it at a meeting . H . Slater: I must have just missed it , . Hanley : Are we done with questions? W. Matyjas : I just have two . Given that we haven 't changed the rules yet, as read the explanation , do I understand this sign has a business name and some kind of emblem or logo for the ark tail ? T. Howley : The ark trail has a standard sign that goes in everyone' s house and then above that I ' ll have my name and address - W, Matyjas : So in a sense , it's almost like two signs in one ? You have a standard logo and then your own personal business . R. Manus : But together they add up to the six square feet- . Berg : This picture shows it reasonably what it would look like without the words - W. Matyjas : The other question I always have to ask is it going to be lit or unlit or illuminated in any way? T. Howley : I don 't know, I haven 't even thought about that- H . Slater: There are regulations that apply that if you do light, it has to be a light of constant intensity. T. Howley : Maybe I should get that approved now in case I wanted to do that. W. Matyjas : When we address the environmental impact , usually that comes up - . Marcus ; The board can 't approve that without that being a park of the application . H . Slater: But, if she applies to me I have to spell out the rules of constant intensity but there ' s no requirement of how much . S . Berg : So she may not need a variance is what you 're saying ? H . Slater : Yeah , she wouldn't. It would be pretty hard to mess that one up as long as they ' re of constant intensity that' s the only regulation we have . R. Marcus : I have a question on this I guess it' s for Henry , The computer generated sketch of the property labeled the location of the sign as proposed sign 45 ' from the center of road - Given our recent discussion , how does that relate to the right of way of Etna Road ? H . dater : Well , if it' s a standard road , it's a County road so therefore I doubt that the County has been subject to that argument at this point, to my knowledge they haven 't been , it' s assumed it's a 54 ' easernent. o you 've got twenty-five and fifteen is 40 , so you ' re there - R. Marcus : Okay, that' s what I wanted to clear r.rp . Just as a matter of procedure check , did you ask for public comment , . Hanley : No , J didn 't , Is there anybody else that needs to speak to this one here ? Okay , we' ll go on to hear the next applicant and return to make a decision on yours , ( ) ITHA A SELF STORAGE 7 : 45 PM : Chairperson Hanley opened the hearing of Ithaca Self Storage of 1778 Hanshaw Road , Ithaca who is requesting permission to replace two existing signs with one freestanding 25' high 113 , 28 square feet where a maximum height of 1 ' is permitted and the second , a building mounted sign of 28 square feet protruding above the roof where protrusion above the roof is not permitted in totaling 113 .28 square feet where 80 total square feet is permitted and are requesting a variance to Article 15 Section 1 .50 . 6 ( d ) , 1506 and 1507 of the Dryden Town Zoning Ordinance , Chair Hanley read the record into file _ Chair Hanley asked MFr Doyle if there was anything he wanted to add , underline , subtract to the board . P . Doyle : I have a couple of things for you . I 've got here some photos showing various angles of the property here . This is the existing building sign ( pointing out photos to hoard ) which is 2 x 8' and this is the existing freestanding sign which are 331 " X 161 " which they propose to replace In this . S . Burg : The new signs will have the same location ? P . Doyle : Correct . So , what we ' ve got, this is looking down just before you come dawn Royal Road toward the building and you can 't even see _ What they've told me is that the big problem is that people that do know that they are them , they make the tum and then they go right by Royal Road and then they get lost and can 't find their way back _ That is what started the whole issue . These are shots toward the facility, you can see this sign from Route 13 , and this is a sign that's on the other side of the road there of Route 13 , This is another shot from 13 and then this is a shot back across from uthrie ' s property to Route 13 to give you a perspective on what e were looking at , They' re trying to be seen after you get past the traffic light on Route 13 . S . Berg : So you 're from the sign company's P . Doyle : Yes . These are just other shots as you ' re coming out of Ithaca how it' s all obstructer) and you can see the top of the building here , It' s very well hidden by the foliage there and it's quite a distance off the road , I think you have these sheets here ; I just threw a couple of colored ones together so everybody could see what the proposed signs would look like , So basically what we want to do is remove this M here and put an illuminated sign up and take that flood light that' s here off. S . Berg : This is the 8" thick sign ? P . Doyle : Yes , S . Berg : This is about 12 " - P . Doyle : Yeah , just shy of 12" and this will have about a " high letter on it here which we need all of that to get visibility to the road . We ' re probably 700' . S . Berg : I drove by this the other day and I looked specifically because of this tonight and this is very hard to see from 13 . P . Doyle : Which again the reason we' re after a little additional height here is we don 't think that it' s going to be an obstruction because the property sets so far back . S . Berg : How high is this sign? P . Doyle : 12 ' . S . Berg : And what are you requesting ? P. Doyle : 25 ' because we ' re feeling the top of that sign is fairly well hidden . S . Berg : What's allowed in the law? H . Slater: 15 . P . Doyle : This photo here you can see how far that sign tends disappear and we ' re thinking that if we get the 25 ' we will pick up a little bit of visibility as they' re coming the other direction because there' s a couple of windows where you can see through as you ' re coming out of Ithaca . S . Berg : As vegetation grows , it's going to force problems in the future . P . Doyle : The sign that' s on the building , it' s going to project a little bit above this peak , about 6" and it ' s mainly because they've got this air conditioner cut through the brick . We can bring it down and hold about one brick above the air conditioner but we ' re still going to end up with 4" or 5" projection above the peak there . But again , because of the lack of visibility to the property we didn 't think it Iswould be a big issue to be doing that. Both signs are internally illuminated with florescent lamps , standard lighting . R. Marcus : The current signs are not illuminated or are they? P . Doyle : Yes , the freestanding signs internal illuminated the same way these are and the sign on the building is just illuminated with that flood light that's overhead ; it's a plywood sign that ' s there . W. Matyjas : The new free standing sign will be just one standard or structure holding it versus the multiple timbers? P . Doyle : It will be a steel support pole in a concrete foundation . C . Hanley : I must admit , every time I 've driven by there I 've often wondered how you get to it . P. Doyle : That was the situation , that's how it came up . This is what we proposed to try and stay in keeping with their logo that they have which will work very well for them and clean up this unsightly structure that is there now. C . Hanley : Is this a 24 hour facility? P. Doyle : I think there is , I think there ' s a card access . It ' s a secured area with a locking gate that goes across the front . I ' m pretty sure there is a credit card type access or key code that allows people in there 24 hours . C . Hanley : Do you know Henry? H . Slater: I think that' s correct . There ' s definitely someone on duty during the day, in fact I think there ' s a staff of three people that work there . 7 i ® P . Doyle : So that' s why were looking for the relief, the distance from the road and all the foliage they've got around it . We tried to get some of those tourist observatories directional from New York State because Guthrie has it and we applied and we were denied and we were told Guthrie Is not even supposed to be on it . It ' s for camping , gas , lodging and food . We were thinking if we could get that we could scale this down a bit and not have to ask for a variance with what we have now but we were denied by the state . S . Berg : This is subject to SEQR? H . Slater : I can ' t find exemption for it . It probably shouldn 't be . W. Matyjas : A question for Henry , is this in a MA zone ? H . Slater : Yes it is . R. Marcus : Do you happen to know what the vacancy rate it. The reason I ask is that over the years I ' ve had a couple occasions to seek storage and there' s been a couple of occasions as I 've gone down the list in the Yellow Pages and called and it' s been the case generally these places have no openings or very few. I know this is one that I 've called at least once over the years so I don 't dispute that the signs are not all that easy to see but it is , from my experience in trying to locate storage that the storage places in the area tend to be pretty full . S . Berg : So you ' re implying that maybe it' s not needed . R . Marcus : Well , as hard as it may be to find anyone of these places , it seems they get filled up pretty readily . I ' m not just speaking to one occasion , at least three or four occasions over the past six/eight years I 've gone down that list and had trouble finding places . W. Matyjas : If I understand it right , the hardship or issue is people getting lost versus finding the place from a business standpoint. R. Marcus : I just throw that in because it' s a rare occasion that I have any personal commentary about one of your sites . S . Berg : Did your company to the sign at HEP? P . Doyle : No . S . Berg : That was very clearly a hazard in a way because of all the tractor trailers that come in there and it was very clear it had to be a certain height in order to clear the tractor trailers . That' s not the situation here so I feel strongly both ways at this point but could go either way. W. Matyjas : I guess I kind of look at the character of the neighborhood and tend to agree you can 't see it from the road and given that area , you don 't have to go too much farther down 13 and you see billboards . Given that it' s in that area , I ' m not too troubled by it . S . Berg : 84 Lumber is way more than 15 " . Was that a variance ? H . Slater: I believe so . C . Hanley : Does anyone have more questions? Anybody here come to speak to this application? Okay . S . Berg : I ' ll make the suggestion that we cover this one first because he' s here unless you ' re leaving ? P. Doyle : No , I ' m staying . 8 : 25 PM : Chair Hanley closed the hearing and the board began their deliberations for Ithaca Self Storage , A . IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No neighborhood opposition was expressed , either in person or by letter. The character of the neighborhood is commercial with mixed use and a variety of signage . The property directly across the road was granted a variance for both height and area relief for conditions similar to that of this application . Motion : S . Berg Second : W . Matyjas In Favor: 3 Opposed : 0 Be IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The height relief is necessary due to vegetation between the sign and Route 13 . The signs area relief is based on commonly accepted standards for visibility from the distance of approximately 300 ' ( see file exhibit # 1 ) . Due to state highway right of way, transmission right of way and the fact the applicant does not own property bordering the highway, this is the only feasible placement of the sign . The height relief of up to 6 " above the roofline is made necessary by the location of the buildings air conditioning unit . 0 Motion : S . Berg Second : W. Matyjas In Favor : 3 Opposed : 0 Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : This is substantial but see findings "A" and "B " . Motion : S . Berg Second : W . Matyjas In Favor : 3 Opposed : 0 D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : There are two existing signs ; one with exterior illumination and one with interior illumination . The new freestanding sign will have interior illumination similar to the existing sign . The new building mounted sign will have interior illumination and thus cause less light pollution than the existing exterior illumination . Motion : S . Berg Second : W . Matyjas In Favor : 3 Opposed : 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The difficulty was self created . Motion : S . Berg Second : W . Matyjas In Favor: 3 Opposed : 0 The SEAR short form was completed as follows : a ) no ; b ) no : c ) no ; c2 ) no ; c3 ) no ; c4 ) no ; c5 ) no ; c6 ) no ; c7 ) no ; d ) no . All were unanimously approved . Unanimously the Board approved Chair Hanley check the second box of part III . THIS VARIANCE IS AN EXEMPT / NON -EXEMPT ACTION UNDER SEAR SECTION Motion : Stuart Berg — Grant request Second : Nick LaMotte VOTE : YES : ( 3 ) Charles Hanley , Stuart Berg , and Walter Matyjas NO : ( 0 ) ABSTAINED : (0 ) DECISION . VARIANCE GRANTED WITH THE CONDITION THAT THE BUILDING MOUNTED SIGN BE NO HIGHER THAN 6 " ABOVE THE PEAK OF THE ROOFLINE . 9 : 10 PM : Chair Hanley and the board began deliberations for Teresa Howley . A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE GRANTING OF THE AREA VARIANCE , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No negative comments from adjoining neighbors were expressed either in person or by letter. The professionally produced sign will picture a standardized non-obtrusive logo of the Ithaca Art Trail , Motion : W . Matyjas Second : S . Berg In Favor: 3 Opposed : 0 B . IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The proposed signs area from the commonly accepted sign visibility standards will require a sign larger than that allowed by the zoning laws . Motion : W. Matyjas Second : S . Berg In Favor: 3 Opposed : 0 C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Although substantial , but see findings in " B". Motion : S . Berg Second : W. Matyjas In Favor: 3 Opposed : 0 D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The County Planning Department found no intercommunity effects and the dimensions of the sign do not exceed those already allowed to bed and breakfasts in the same area . ® Motion : W. Matyjas Second : S . Berg In Favor: 3 Opposed : 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : It was self created by admission of the applicant . Motion : W . Matyjas Second : S . Berg In Favor: 3 Opposed : 0 THIS VARIANCE IS AN EXEMPT / NON -EXEMPT ACTION UNDER SEAR SECTION 617 . 5( c ) — 12 & 13 Motion : Stuart Berg — Grant request Second : Walter Matyjas VOTE : YES : ( 3 ) Charles Hanley, Stuart Berg , and Walter Matyjas NO : ( 0 ) ABSTAINED : ( 0 ) DECISION : VARIANCE GRANTED • STATE OF NEW YORK . COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE TERESA HOWLEY The property located at 99 ETNA ROAD (Town of Dryden Tax Map Parcel No . 44 . - 1 -3 . 23 ) 1, CHARLES HANLEY, Chairperson of the Town of Dryden "ZONING BOARD OF APPEALS, do hereby certify pursuant to Rule 6 of the Rules of Procedure of such Board , that the foregoing are the findings of fact and decision approved by such Board on : DECEMBER 31, 2002 Dated : Dryden, New York Date : 12003 Charles Hanley NOTICE OF DECISION TUESDAY DECEMBER 3, 2002 A public hearing was held to consider an application submitted by Teresa Howley of 99 Etna Road , who were asking for relief from Article 15 Section 1502 . 5 a & c of the Town of Dryden Zoning Ordinance. Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday December 3 , 2002 with members present : Chairperson Charles Hanley, Walter Matyjas , and Stuart Berg . AREA VARIANCE APPLICANT : HOWLEY A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No negative cornments from adjoining neighbors were expressed either in person or by letter. The professionally produced sign will picture a standardized non -obtrusive logo of the Ithaca Art Trail . Motion : W . Matyjas Second : S . Berg In Favor : 3 Opposed : 0 B. IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE. ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The proposed signs area from the commonly accepted sign visibility standards will require a sign larger than that allowed by j the zoning laws . Motion : W. Matyjas Second : S . Berg In Favor : 3 Opposed : 0 • J ; Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE 1S SUBSTANTIAL , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Although substantial , but see findings in " B". Motion : S . Berg Second : W . Matyjas In Favor : 3 Opposed : 0 D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL, HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The County Planning Department found no intercommunity effects and the dimensions of the sign do not exceed those already allowed to bed and breakfasts in the same area. Motion : W. Matyjas Second : S . Berg In Favor : 3 Opposed : 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF - CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : It was self created by admission of the applicant . Motion : W. Matyjas Second : S . Berg In Favor : 3 Opposed : 0 THIS VARIANCE IS AN EXEMPT / NON- EXEMPT ACTION UNDER SEQR SECTION 617.5(c) — 12 & 13 Motion : Stuart Berg — Grant request Second : Walter Matyjas VOTE : YES : ( 3 ) Charles Hanley, Stuart Berg, and Walter Matyjas NO : (0) ABSTAINED : (0) DECISION : VARIANCE GRANTED STATE OF NEW YOR.K * COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE - ITHACA SELF STORAGE The property located at 1778 HANSHAW ROAD (Town of Dryden Tax Map Parcel No . 43 . - 1 -33 . 121 ) 1 , CHARLES HANLEY , Chairperson of the Town of Dryden ZONING BOARD OF APPEALS, do hereby certily pursuant to Rule 6 of the Rules of Procedure ® of such Board , that the foregoing are the findings of fact and decision approved by such Board on : DECEMBER 3 , 2002 Dated : Dryden, New York Date : , 2003 Charles Hanley 9 NOTICE OF DECISION TUESDAY DECEMBER 3, 2002 A public hearing was held to consider an application submitted by Ithaca Self Storage of 1778 Hanshaw Road, who were asking for relict from Article 15 Section 1502 . 6 d and 1506 and 1507 of the 'Town of Dryden Zoning Ordinance. Said hearing was duly conducted by the "Town of Dryden Zoning Board of Appeals on Tuesday December 3 , 2002 with members present : Chairperson Charles Hanley, Walter Matyjas , and Stuart Berg , AREA VARIANCE APPLICANT : ITHACA SELF STORAGE A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No neighborhood opposition was expressed , either in person or by letter. The character of the neighborhood is commercial with mixed use and a variety of signage. The property directly across the road was granted a variance for both height and area relief for conditions similar to that of this application . Motion * S . Berg Second : W. Matyjas In Favor: 3 Opposed : 0 Bo IN CONSIDERING WHETHER. THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE,_ THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The height relief is necessary due to vegetation between the sign and Route 13 . The signs area relief is based on commonly accepted standards for visibility from the distance of approximately 300 ' (see file exhibit # 1 ) . Due to state highway right of way, transmission right of way and the fact the applicant does not own property bordering the highway, this is the only feasible placement of the sign . The height relief of up to 6" above the roofline is made necessary by the location of the buildings air conditioning unit . Motion : S . Berg Second : W. Matyjas In Favor : 3 Opposed : U C. Ili' CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : This is substantial but see findings "A" and " B" . Motion : S . Berg Second : W . Matyjas f In Favor : 3 Opposed : U I D . IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS iN THE NEIGHBORHOOD OR DISTRICT, T`HE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : There are two existing signs ; one with exterior illumination and one with interior illumination . The new freestanding sign will have interior illumination similar to the existing sign . The new building mounted sign will have interior illumination and thus cause less light pollution than the existing exterior illumination . Motions S . Berg Second : W. Matyjas In Favor * 3 Opposed : U E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF= CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The difficulty was self created . Motion : S . Berg Second : W. Matyjas In Favor : 3 Opposed : � A The SEQR short form was completed as follows : a) no ; h ) no ; c) no ; c2 ) no ; c3) no ; c4) no ; c5 ) no ; c6) no ; c7) no ; d) no . All were unanimously approved . Unanimously the Board approved Chair Hanley check the second box of part I11 . T13IS VARIANCE IS AN EXEMPT / NON- EXEMPT ACTION UNDER SEQR SECTION Motion : Stuart Berg — Grant request Second : Nick LaMotte VOTE : YES : (3 ) Charles Hanley, Stuart Berg, and Walter Matyjas NO : (0) ABSTAINED : (0) DECISION : VARIANCE GRANTED WITH THE CONDITION THAT THE BUILDING MOUNTED SIGN BE NO HIGHER 71JIAN 6" ABOVE THE PEAK OF THE. ROOFLINE.