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2008-12-02
TOWN OF DRVDEN Zoning Board of Appeals December 2n` o 2008 Members Present: Oers; Kelemen, Chair, Thomas Quinti , Mark Maybury, Natan Huffman Absent : Paul Lutwak Excused ; Others Present; Randy Marcus - Town ZBA Attorney , Flenry Slater - Zoning & Code Enforcement, Recording Secretary - Joy Fostcr, Joe Solomon (Town Board Representative) , Mary Aran Sumner - Dryden Town Supervisor A pp Iicants : Rich Harland and Dominic Calabehe (for Volvo Rents Representatives) Town Residents : 0 Meeting called to order a ! 7 : 35 PM . Agenda Request su hmitted by Volvo Hents , formerly Seneca SUPply for Dryden Town free standing sign dimensional requirement relief, For commercial service signs at 7 Hall Road . Chair Oers Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appcals of the Town of Dryden will conduct a Public Hearing to consider the request submitted by Volvo Rents , formerly Seneca Supply for Dryden Town free standing sign dimensiona [ requirement relief, for Cornmer'cial service signs at 7 Hall Road Town of Dryden and are appealing Dryden Town Zoning sign Ordinance Sections 1506 , overall height and 150 . 6 . a , Permitted sign quantity and square footage to do so, SAID HEARING will he held on Tuesday December 2nd , 2008 at 7130 PM Prevailing time at the Dryden Town Hall , 93 East Main St . Dryden NY , at which time all interested persons will be even an opportunity to be heard . Persons may appear in person or by agent , Individuals with visual , hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607 -844 - 8888 x 2 16 at least 48 hours prior to the time of the public hearing . Oers to Volvo Represcritatives do you have anything you +could like to add to your original application ? Volvo yes , after having read the memo from Dan Kwasnowski , Environmental Planner, Town of Dryden it seems that he is on board with the 20 ' sign , as far as the flag poles go Volvo while they are each independently owned use do have certain requirements to follow whin we Purchase a store . There are certain branding requirements that Volvo instills to make all the branches look similar, iust as a Target or Wal- Mart or of that nature , The flag poles that are in 1 question here are part of that branding as are the signs and the blue banding that will be on the building all of these things and sorr, e of the interior mortifications are standard from one Volvo to another Volvo . I reel that if we eliminated those that the business would suffer_ And i# �again that is one of the requirerents that they put on us to fulfill . ZBA - Minutes p� Volvo Rents 2-2-o8 - 1 I See Dan Kwasnowski, Environmental Planner, Town of Dryden cmails below , First email from Dan Dec . 2nd . 2008 Oers , I just wanted to pass to you a quick comment on the upcoming Volvo Rents sign variance application . Without regard to how the variance is presented ( I think they missed the mark on at least one item ) I have the following comments . Standard Sign : The standard sign that they are proposing that exceeds the regulated height seems perfectly acceptable and appropriate otherwise . The excess height seems a reasonable compromise . Flage : The flag proposal is too excessive . The square footage of even a modest flag will obviously exceed the square foot requirement of the law to an excessive extent . I cannot recommend that you consider the variance required for the permanent flagpoles . The proposed sign is sufficient , and an equipment rental is a business that is sought out and certainly not dependent upon spontaneous purchases . Also , this area of the town will likely see an Increase of commercial business in the future , and the town ' s sign regulations are in place to prevent the type of clutter that can easily defeat the purpose of having a sign to begin with . One only has to look at the Sunoco gas station a short distance from this location to see what can happen with or without a variance . I hope this is helpful . Dan Kwasnowski Environmental Planner Second email from Dan 12 - 2 - 2008 Oere , By coincidence , I am reviewing the Commercial Design Guidelines for the town that have been accepted by the Planning Board , and the Town Board has accepted them as complete and to serve as town policy guidance . We are in the process of incorporating the guidelines as part of the zoning and subdivision ordinances and I am catching the last few typos . Anyway, concerning signs the design guidelines site several guidelines and examples , specifically : "Sign materials should relate to the materials and style of the building ( s ) they serve . Plastic signet banners or flags that include loud colors , particularly colors not pertaining to the building materials or style , are discouraged . The pole element of a pole -mounted sign should be architecturally pleasing and in proportion to the sign that it carries . Ample landscaping should be provided at the bases of signs . ,, - 2 1 The design guidelines are available on the town ' s website under the Comprehensive Plan Implementation Project on the Environmental planning page . Just in case anyone thought that my previous comments were my personal and not professional opinion , or that they didn ' t reflect the concerted and vetted policy of the town . I will have Joy provide copies of the Design Guidelines for your meeting tonight . Dan Kwasnowski Environmental Planner Volvo : Questions what Dan Kwasnowski , means in his letter about the Sunoco gas station , where Dan says there needs to be a sign variance to avoid the clutter and see what happened to Sunoco with no variance . Oers : Dan is not here to answer that but after reading him email I believe he is talking about all the flags/signs and clutter that Sunoco has making it not appealing to the eye . Volvo : talks about what their flag poles will look like , its just 3 poles in a triangle . The colors are dark blue with the white letter VOLVO on them and they will match the building . with our location being lower then the road anything we can do visual will enhance our business . Our flags will not cause ® an environmental impact . ZBA : How tall is the top of the building ? Volvo : I don ' t have that info . Guessing about 20 feet , it ' s a 2 - story building . ZBA : You say that this is a requirement of Volvo , what if you don ' t fulfill these requirements are you prohibited from doing business for Volvo ? Volvo : Don ' t have the answer for that , it has never happened . I do know these are requirements placed upon me to do . It is a requirement not a request by Volvo headquarters . They also place a time line on us as to when things need to be in place . ZBA : The Volvo store in Rochester has the same requirements and are they on a State Highway ? Volvo : Yes on State Route 252 Jefferson Road . Attorney : Rochester store is the nearest Volvo to this store , where would the next 2 or 3 other be . Volvo : there is one in Albany a couple down state like Manhattan area . ZBA : Do all the other stores have the same size flag pole of 30 feet ? Volvo : Yes we are provided these poles from Volvo headquarters and they are standard poles for all stores . ZBA : Are all 3 flag identical they all say Volvo on the blue background ? . 3 - 1 Volvo : Yes they are the same , and all the pictures .I have seen from other Volvo stores they are the same and placement the same all in a pre - formed base . ZBA : How big are the flags ? Volvo : guessing 3 ' X 4 ' ZBA : what do the flags say ? Volvo : Just " Volvo " Oere : Reads letter from Tompkins Co . Dept . of Planning this letter is addressed to Henry Slater dated November 26`b , 2008 Re : Review Pursuant to 239 L&M of the NYS General Municipal Law Action : Area Variance , Volvo Rents , 7 Hall Road , Tax Parcel # 52 . - 1 - 4 . 2 Dear Mr . Slater : This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to 239 L&M of the NYS General Municipal Law , The Dept . has reviewed the proposal , as submitted , and has determined that it has no negative intercommunity or county - wide impacts . The Dept . offers the following comment regarding the proposed project , which is not a formal recommendation under General Municipal Law 239 L&M : AIthough the applicant provides a reason for the request for the height variance for the otherwise permitted freestanding sign , the 30 - foot high Poles with flags would appear to be contrary to the intent of the Dryden sigh standards . once variances are granted simply to provide greater "customer visibility" there will likely be no limit to the variance request the Town could expect to receive in the future . Please inform us of your decision so that we can make it a part of the recode . sincerely , Hdward C . Marx , AICP Commissioner of Planning and Public Works ZBA : A comment on where they mention of future , WE do not abide by previous rulings , each ruling is independent . Henry : No comment from citizens of any kind . ZBA : Does the monument place have a freestanding sign ? Henry : Yes they have a variance for that ; it ' s been there at least 15 years . ZBA : Can you put in shorter flagpoles ? Volvo : They are supplied to us and are premeasured for all Volvo stores Oere : General feeling form the board ? - 4 - ZBA : Tom goes along with what Dan and the County says . Matan goes along with that as well thinks the poles are excessive . Mark I am mixed on the flagpole / sign , not sure , don ' t have a problem with the sign... Tom I don ' t have a problem with their sign , it ' s the flagpoles that bother me . If you let it go once then as other business open along that stretch getting more of these requests.. . Once you get your business going you will be doing some visual changes to attract customers . Attorney : I don ' t see what sufficient would be to the board or the Town what the impact of their franchise agreement is on opening the business ? ZBA : My view is if we say flagpoles can ' t be more then 15 ' or so then can they conduct their business , or do we want Co risk losing a business because of 5 feet of flagpole ? Attorney : It ' s entire .Iy the board ' s decision as to what you want to factor into considerations and there have been examples under NY Law where boards have factored in the economic impact of businesses operation and sort of stretched the umbrella of environmental impacts Co include the economic .impacts in other various of different amount of reasoning that have produced that inclusion of economic impact under the environmental umbrella , I ' m not commenting on that I ' m just pointing out that the boards function in considering the variance application is as I mentioned before a very limited function that ' s intended to address every limited set of criteria , and among those criteria is consideration for environmental impacts so guess I ' m trying to narrow the boards focus and to categorize the issues as the boards authority extends them , to look at those issues . If the board wants to take into account the economic impact on the Town the only place that that fits in to what the board has authority to consider is as an environmental impact . In other words , if you are considering that the potential loss of this business for that site is going Co result in a vacant building for some unknown period of time and it could result in deterioration of the property and an eyesore because no one is taking care of it , that kind of thing could be considered an environmental cause of concerns of before if you are considering to allowing the business to open within it required branding that it may not succeed as well as it otherwise might and come and go because it was not successful I suppose you could then stretch the environmental umbrella to cover that issue . But the board doesn ' t have a separate category to consider the success of a business , that ' s not something the board is in function to do . Oere : I have read that we have to balance cost , in other words what negative impact might something have versus benefit . To me a benefit is tax revenue , jobs . Attorney : Just to clarify that , the balancing test that you guys are doing is the benefits of the applicant , getting the variance , versus the potential negative effects on the community, so again just for clarification sake I think that the point you are making is that you see the potential absence of this business and the determent to the community, clearly if they don ' t get their variance they will argue that they are harmed . ® Volvo : A major concern that we have , where a lot of other businesses do have in the area is where our building sits in relationship to the road where we are trying to attract attention from . So anything we can do to attract attention , to bring business to our store , it will not only benefit us but a 5 - will also benefit the Town of Dryden and increase tax revue , the larger we get the more people we can hire from the community . From what can be considered negative impact from 3 flag poles , I think the positive far out weighs what the 3 flagpoles next to the building could possibly do . ZBA : I see two things , part of my concern is what Dan sites in his letter where this will open a door that we may not really want to be bothered with and I ' m also not that comfortable with a corporation form out of town coming into our town and suggesting how our zoning should be . Volvo : I can understand where you are coming from with that , the business that we purchased was an existing staple of the community for years , Seneca Supply, and all the people who worked there still work there , we will still offer the same service as before , Volvo Rents franchise is a family owned operation , we only own the 2 stores , but like I said , a franchise you have certain requirements to fulfill . Tom : I guess my feeling would be if this becomes a deal breaker between you and the corporation , I might view it differently, but we are talking about 3 flags and 35square feet of signage on each one and I ' m sure that when they flap it will draw attention and people will look , and those flags are also pretty close to you other big free standing sign so there is a great deal of signage . Volvo : Just want to make a reference to something you said earlier ; the opening of the door and that this is a special case with where the building s i t s... Tom : But each case that comes before us is a " Special Case " we look at each case and listen how they tell us their case is a " Special Case " because if it comes before us its because it doesn ' t meet specific zoning requirements . Attorney * Question t 4 0 o Volvo , you mentioned along the way a couple of times that you feel that the Town should be encouraged by the fact that this business will generate sales tax revenue for Town and personally Ifm not familiar with the Seneca Supply Business had done and I again I ' m not familiar with the Volvo Rents Franchise but I gather form the statements that it is primary a equipment rental and I don ' t believe it generates sales tax Volvo : Oh yes it does rental component is the only component that typically doesn ' t come except unless its community project or something like that , rental revenue is always taxed . And Seneca supply averaged 2 . 8 million dollars a year and all is subject to sales tax except for the tax exempt merchandize . Tom : I guess I would like to come up with a middle ground where we can try to accommodate you and we are a very accommodating board and we work to our best to accommodate the residents needs if they are not unreasonable , but I do have a couple of concerns that I have stated and I would like to see those laid to rest in a way that makes me feel satisfied we have done our job . So I ' m going to ask if the rest of the board agrees to maybe have you talk to your people and to come back and talk to us and see if you have come up with an alterative that we can agree on . Something other then putting up 3 - flags that will say to people we let these guys do it so we want to do it . Because that stretch of road there is prime commercial property that will hopefully continue to develop where we can invite other companies like yours along that stretch . - 6 - Volvo : We would like some kind of proposal from the board with what you are looking for , and k'e would want to know if we go back and make changes Chat you will grant this variance ? Tom ; I think E would not want the flagpoles to be taller then the building - II Mark : Find out the square footage of each flag too , that is a big ssue , Attorney : Just for clarification there are two things going on , your variance request is an appeal to two different sections of the Vi2lage ' s sign requirements , one is the height requirement which is limited to 15 ' for any signv the second is a Zimitatjon that the area of the sign be no more then 40 square feet that is nearly it in one sign so if you were going to , you are suggesting that the flags reach somewhere in the neigrhborhood of 31x 5 ' or 3e X 4 ' somewhere along those lines and 12 square foot each would be another 36 square feet so you are already more Chen 30 sguax-e feet beyond the Town,, limItation on square footage which is , if Chat wasn ' t clear to the board that should he oblivious that is a pretty substantial variance , the commentary that Henry ' s letter makes about flags and how flags should be categorized think the board should at least put up record the boards opinion and that can be dome by resolutzan just Cc make it a shade more formal for the record as to whether you agree w1rh Henry ' s evaluation or not : Henry ' s conclusion is that flags are a fox72r of a sign and should be considered the same way , if the hoard doesn ' t agree with Henry ' s conclusion , and its up to the board to make that determination , them it is sort of a different i & suc , if the board doesn ' t Peel that the flags are signs Chen the flags are not to be counted as the square footage - So before you send the applicant off to do anything you have to came to a decision as to whether you as the Zoning Board considez the flags to be signs as Henry suggests - Oars : Given the sight the southern approach is the side An which the driver would look to his right it ' s the near aide is that correct ? I drove by your building to see and -1 is true Chat from a southern approach which would he the right hand .Zook for the driver you are pretty invisible down there I thought the hill to be maybe 30 - 12 feet I think peraonal2 y you need the additional height , and in read farm if the difference is 10 feet it would only be a 15 foot flag pole , and further- more flags don ' t buzz they don ' t flash they don ' t have arrows that are .bighted up in my mind they are unobtrua4ve I personally don ' t see a srisual site line problem and further there is concern that if we agree to this it would be so out of the ordinary that we would be open Che door to furCher requests , there is a precedent already form 21 years ago Marshall Monuments in Varna whi ❑h is in a mare residential district this . 2 � years ago a .25 foot flag one not three was approved by this board , saying this request does not pose a threat to the health , safety and generally welfare to Che community and I don ` t remember there being a avalanche of applications for higher signs because of that , X know we don ' t use precedence as pax-t of our decision but if we are going to use precedence as part of something other then the decision Buch as an avalanche of applications then X think this has Co be entered into the record - I don ' t see a Problem personably . 0ers : SO we seem to have 2 for and 2 against . Sn do we fight or do we suggest that this be tabled and it go ? Randy do you have any insight for thzs ? Attorney : what you have done in the past in cases where there some inc2lnAtion to consider the applicanC & request but perhaps not to the extent the applicant has requested you have suggested that you would grant a variance rip to some limit that you feir was more appropriate zn other words just for example yore sign limits height of 35 feet and taking n othe at a traditional sign not the 3 - fl498 but the regular sign that they are asking - 7 - about , they asking that they be 20 feet high that ' s 5 feet beyond your sign ® limit , you may want to consider that first it ' s a little bit more of a cut and dry issue it ' s a little bit more along the lines that you have considered in the past and given the comments that not only the applicant has made but also that the board members have made about the site of the area and in fact that the building is below the road and that the visibility is somewhat diminished because of the site being below the road , again I ' m not trying to guide you into making one decision over another but from the comments that have been made it sounds like you maybe going to allow them to a 20 foot sign when a 15 foot sign is the limit because of the extra height not being that noticeable since its that ' s much lower then the road , you may want to make a determination on that one and if the board is inclined to consider the flag poles you may want to make a decision that you would allow for them up to a certain height I ' m suggesting no taller then the building itself I don ' t know what that dimension would be or some specific dimension in feet and if the concern is also with the area you could make for a limitation on the area , in other words one of your requirements is to grant the least variance to accomplish the applicants purpose in your view not in the applicants and if you feel that the applicants purpose can be accomplished by something less then what they are asking you have the authority to grant the variance for something less then what the applicant has requested that would be one way in dealing with that hear and now while you are focused on the issues and the fact that the applicants have provided you , you can if you want come up with a set of other limitations and suggest those to the applicant and say look these limitation we would consider it and they can come back but not sure if that would serve your purposes at best you may end up back here and decide that ' s not what you want to do after all . Oers : My concern is that we don ' t in fact know if they can conduct business if they don ' t meet the requirements of the franchise . Quinn : Is that a risk do you think ? Volvo : I honestly don ' t know . But why I do feel it is a risk is because in the past experience with what we dealt with , and with out deadline and we officially opened October 6'" , our deadline to have the requirements done was Dec . 1 " . So by having to wait for the zoning variance we were able to get an extension with our deadline , and they are very serious about what they want and that ' s why they provide us with the materials and so I really don ' t know what they would do . Oere : asks Volvo to make a phone call to the headquarters and find out an answer . Volvo : makes phone call Oers : declares a 5 min . recess . Volvo : answers , Volvo will not shut us down , they will deal with what ever we have to do . But we don ' t want to have little flags that will look ridicules but we will work with what you guys come up with . Oers : How tall is that embankment , how much higher then your ground level is the street level ? Volvo : The top of that road is pretty level with the top of our building , about 20 feet . - 8 - Quinn : F' rst things first , the board first has to decide sf the flag is considered a flag or a sign . If the flag is v, gn then we would be granting a different kind of variance _ so I move that the board determine is a flag a sign or something else , Oera : What is the boards feeling ? Maybury : ,I feel tf the flag has the business name on it them yes _it is a sign . Oars : Feels it� is not a sign _ Quinn : Feels it is not a sign _ My reason for not calling zt a sign is that its not permanently displayed , it doesn ' t have a rod that hangs it out it reacts only to the wind , its an a ;� tenticn yettez- , a flag is usually used to get your attention to let you know whcze your troops are or sphere the king of the hill is . T£ doesn ' t provide any particularly irrfpz7rratipn other then here we are . It doesn ' t say who we are , but 2 don ' t believe the flag is waving to advertise anything specific other their the busines$ is here . That ' s why I summit that it ,is gust a flag . Huffman ; Certainly ;5 : gn are moving entities now a days , and the purpose certainly can say I ' m here or it could be here to say we are sealing potatoes $ I . 00 a pound , T don ' t think that a flag is nothing more then a low budget sign except when it portrays and insC ,ICLztion or political , Qui= : well you could use that argument and say it ' s establishing where the insCitution is , you know Chls is 1C V01, V0 here-„ Oere : I don ' t think it ' s a sign because I don ' t think a flag blacks your view because it is mOvingfmOvemEnt it ' s not a solid chuck of something . These flags don ' t hint , they don ' t light rip they don ' t move or flash they are not as intruBlve as a sol .id block of something that makes visually or audio noiae . I think flags are pretty, I think there was a flag an front of 4MYS£G . Henry ; Gives the elevations that Che board asked for , The elevation of fit . 1 ,3 in the area of their property front is listed as 110o feet above sea level , X cant place exactly where that is but the elevation that the front of their bU21dingF runs on at the extreme northeast corner is 108c ' so its probably somewhere between 15 and 20 feeC difference of the road centez line and the bottom of the footer of the building of where thy* property where they seC . Oars : Even if ,iC is a sign ado arerxCly gear ' s Interpretation is that there is no side re (TU reMenr foX flags , so iC doesn ' t maCter how large the flag is . Attorney ; The Town of Dryden ordInance is regulates signs without providing a definition that either includes oz' excludes that _ That will be left up to the interpretation as to whether a faag is a sign and if the flag is a sign its regulated by the Townes ordxr]anc s bp] in terms of height and area , so if it ' s a sign they would need a variance to put rip what they want . -Tf the flag is not a sign decided something different then a sign , it ' s not regrulated by the Town and they wouldn ' t need a variance . The Town doesn ' t have any control over zC and your' board wouldn ' t have any decisions to make with regard's to the flags . Quinn : The Town ordinance says Che appendix section A page 19 , SIGN : any device or objecC or building facade used for the visual co= unication or advertisement of a place , building , product , ae.rviee or name . Now we have to determine if the flag fall under that fitting _ So the #oaxd has to decide - 9 - then we can decide whether they have to have a variance in ord8 r to use there fiag�s . Matan to Quinn ; how can it not be a sa. gr, is IC a device or an object and isn ' t its purpose to be an advertisement of this building , I ' m trying to keep in Cot] sistnli with Che Town Zoning ordinance . Quinn : Upon re - reading this ordinance it certainly is a device that says we are Mere _ So I guess that would make xt a sign . So I guess I will have to change my position and say that a flag zs a sign and then Che square footage isaue comes up 3f the board agrees , V01v0 ; with our one sign The Towns requirement � s 4o ' squat-e feet , could th )IS be put into 2 separate or I mean the sign Is in one location and the flags zn another ,location , Attorney ; Zoning ordinance talks about the total square footage of the signs , whatever signs you have _ Oers : so am I correct even zf the total of all the signs and flags come to 5 , 0OO feet since we are a board of appeals , we can in spite of whatevez- the 20 , 000 feet or whatever I said you can still create a variance , Attorney : Limits facilities to 2 - free standings totaling not more than 40 square feet _ Quinn : The 3 flag poles exceed that . Quinn ; 00we agree now that flags are in fact signs Quinn : ,I ' m going to propose a resolution for the Hoard that we determine in this particular case these flags are signs _ Maybury : I second it _ All is Cavor . Oers : OK flags are signs . guinn : OK now we have the square footage issUe . Does the application address that ? Attorney : So now that you eatabl , shed that they are sigma the request .ia specific to say that they want 3 flags and a sign now that you categorized that flags are signs what you are new considering is whether you will allow 4 free standing sign where 2 are permAtted you are being requeated to allow for a height vaziance which is 5 feet .in the case of the free startdirtg sighs and IS feet An case of the 3 flags , and you are being asked Co consider the area which is allowed to be a COtal of 40 square feet , you have 33 wit7h the free standing sign and so anything over the addA tional 5 would be beyond the oz-dfnance . So you really have 3 different variances to address . They are of course inter - related sa if you are at a point where your are looking to make a finding you may recall from past experience that you may be able to make findings that cover all three requests , the number signs the height and the area . F don ' t think you are running any risks to make findings under each of your 5 required criteria that address all of these together if you want to address them separately that ' s up to you 10 - When you get Co the Qnd of your proceedinge after you do youx- findings and you take a look at the SEAR form that you are going to have to pass 3 separate grants they all don ' C have to be the same you can say you Would allow foz- 2 flags instead of 3 but you will allow the height feet to be 20 fear instead of -30 feet and allow the area to be 60 square feet instead of 40 sgua ,re feet Call , your job .is to consider '.ghat variance achieves the applicants purpose . Oars : What lom struggling with is which makes more sense for us to come up somehow with what we will allow and for them to try and match that or for therm to come back to us and say we talked to the Volvo Corp . office and we can reduce the requirements to Chic Attorney : what Z heard Chem say is that they contacted their people and thaC the franchise will allow for changes to t7he franchise requirements to satisfy zoning , so and this is really prerCy common , Example McDonalds is Used to changing their criteria Co satisfy local zonzrxg . A franchise typically recognizes there are different zoning and that zone ng varies widely from one municipally to another and there is a set of cziterza they would like to see but they know they can ' t trump a municipally regulations so they make it fit . Volvo : 3o am I correct in agreeing that the 20 foot free standing sign there za no issue with that ? ZBA : Yes we are Oft With Chet _ Volvo : so the only issue we are having then is the flag poles ? so if we were able to put the 3 flag poles up , not taller then the buildings artd if you gave Lis a specific requirement to the size of the flags , would you be OK to that ? This would allow us to achieve our branding of the building and to Basically make everybody happy because you guys would be deciding on the size of the flags , and the Volvo people would be happy we would have our J poles the way they are supposed to be with our 3 flags out there . Ts that an agreement we can come to ? Oera : Probably but who zs going to see the signs ? You have a 20 foot e+r+bankmenC and the woods on North side . bolvv ; my feeling As that if we go 20 feet , that ' s going to heap us ? Quinn , seems like what we have Cc determine is whether we are going to grant the variance for the hard sign which we seem Cc be in agreement and Chen grant a variance foz- the height Of the flag poles and the area covered by those flags . Oero : And the fact that there are 4 rather then 2 sighs , Attorney : Yes you have a total of 3 variances that would have to be granted in order to satisfy the applicants request Cc allow for 4 signs where 2 are allowed for height in excess of 15 foot limit artd to allow Co square footage in excess to the 40 foot limit , YOU can prat whatever limits on those that you say , Example you can say the variance in square footage zs pcz7rritted up to 32 square foot per flag or � 3 square foot per flag . Attorney : These have to be 3 separate resolutions to grant , Oers : Which of the violations is acceptable to us all ? - II - Maybury : The only Ching I can see is the height of the flag poles be noC any taller theft the building , Quinn : you said the fags are 3 ' X 5 " I ' m ok with that as that .is kind of a standard size f,?. ag , Attozmey : The area zs to take account of all Che aigna , so the area the variance , if you have 45 square feet wJ, Ch the 3 flags plug 35 square feet with the fixed sign , so you are going from 40 to 80 in the square feet _ Oera : Is your sign is that perpendicular to the road or is that parallel to the road _ Volvo : Perpendicular to the -road , And it is a 2 - sided sign so it can be seers either way , Henry : I have heard you may be considering 3 variance where they have only appealed for 2 , so Chat ' s all that can be considered is 2 what Chey have appealed . Attorney : The application , s for the 3 flays of 30 foot height and I fixed sign of 20 height . They don ' t have in the application matezials the actually dimensions of the flag , buc the flags themselves would have to be considered signa which they are now determined they are Che flags themselves would have to be is excess of 5 square feeC addiCional to the 35 square foot sigrn , so I suggested to the board that they would need 3 va -riances in ozder to ado so , the height , the square footage total , and 4 rather they 2 free standing signs _ 3 flags and I .fixed sign , that ' s not on Che building , Henry : So them they have to come back and ask for relief when we have Properly advertised the quantity issue , I dint list anything about the quantity issue , Menry and attorney discuss how the legal notice is written and how thls can be granted , looking over documents.... After looking over documents they find the wording is corract and the hearing can proceed . Attorney : The resolution that you made to make flags a sign is under the heading of your authority to interpret the law and you guys were referring to the section of the law that describes what: signs are So you are well within ycuz- legal authority to interpret that section to whether it includes flags or not and you have done so . Came : The last we have the height issue _ The applieartC has asked for 30 ' flag poles _ The board discusses whether they should grant 20 ' or Z5 ' or 30 ' poles , The feeling is for 30 ' as requested , Attorney : Would like the Board to include all variances the applicant is seeking to ,include them in the 5 - findings , as they all are related , area , height and numbez- of signs . - Il - Oers : reads area variance gvcJsl1r0rS A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE. NEIGHBORHOOD OR DETRIXENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Attorney: NOTE, one thing tc steep in mind that hasn 't been addressed that is always relevant to this condition is , whether you haue any abjection to neighboring property owners, which youhave had none and that iL5 a very relative finding in a case like this, The proposed variances concerning height, square footage and number of signs will not result In are unde3sirabte changes in the neighborhood as It Is located to ar business corridor and there has been no negative response from the neighborhood. Motion made icy : Tom Quinn Second ; OeN All in favor B . IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BI* ACHIEVED BY SOME OTHER METHOD, FEASIBLE. FOR THE APPLICANT TO PURSUE, OTHER TIi" AN AREA VARLME, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The benefits sought by the applicant are best seated because the site of the building is located below the highway, there are trees obstruating the view and the building is set bade 75 ' from the road leaving few alterative, Due to the face that the site Is I5'- O' lower than Rt. 13, Motion made by : Tom Quinn Second : Mark Maybury All in favor O. IN CONSIDIERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOW$: yes it is substafifiall Motion made by : Tarn Quinn Second : Mark Maybury All in favor D, IN CONSIDERING WHETHER THE PROPOSED VARIANCE. WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: NO. Due to the drop in elevation , the free lire and the distance from the road, fire impact isof the s' would be minimal. • l3 Motion made by : Mark Mayhury Second : Tom Quinn A] I ire favor >E b IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: YES I Motion made by ; dark Mayhury Second ; Oers l' elemen All in favor THIS VARIANCE I$ ; NOT EXEMPT Short Environmental Assessment Form A) Does action exceed ary type I threshold in b NY RR , Part 617 . 4 ? NO B) Will action receive coordinated review as provided for unlisted actions in 6 NYCRR , Part 617 , E ? NO Could action result in arty adverse effects associated wi t h the ro [ lowing? C I I Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic pattern , solid waste production or disposal , potential for erosion , drainage or flooding problems? NO C2) Aesthetic , agricu I tu ra i , archaeological , historic , or other natural or cultural resources ; or corn M tin ity or neighborhood character? NO C1 Vegetation or fauna, itsh , shellfish or wildlife species , significant habitats , or threatened or endangered species ? NO 4) A community's existing plans or goals as officially adapted , or a change in use or intensity of use of land or other natural resources? NO CSN Growth , subsequent development , or related activities likely to be induced by the proposed action ? NO Chi Long term , short term , cumulative , or other effects Trot identified in CI - 5? NODE C71 C the r impacts ( ineiuding changes in 4zse of either quantity or type of energy) ? NONE D) Will the project have an impact on the environmental charaeteristits that caused the establishment or a critiea] environmental area? NO El Is there , or is there likely to be , controversy related to potential adverse environmental impacts? NO Oars* Have use Board Based on the inforrnetron artd analysis above and any supporting docurnentation, that the proposed action. WILL NOT resuit in any significant adUerse environraerrtal impacts AND prot4de, on attachments 05 necessary the reasons s+Uppartirtg this detennir abort ? Motion made by , Tom Quinn , negative declaration : Second -, Natan Huffman All in favor KQ�TE# 239 L&M County Report that the Town has received it. Motion made b : Tom Quinn , that we grant the variance for the number of signs, to allow 4 signs where 2 are permitted , - i4 - Second ; ratan Huffman All in favor Motion made by ; Mark Maybury to allow the one 35 ' set. foot free standing sign and the 3 flags that are each approximately 15 ' sq . feet , instead of the 40 ' sq . root. Second ; Tom Quinn All in favor Motion made by : Tom Quinn , to allow the freestanding sign requested to be 20 ' high and the 3 flag poles requested to be 30 ' high where 15 ' was otherwise allowed. Second : Nalan Huffman All in favor All done and we are adorned , 9 . 45 FM - IS - STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Volvo Rents Construction Equipment The property located at 7 HaH Road , Ithaca , NY 14850 (Town of Dryden Tax Map Parcel No . 5 2 . , 1 =4. ) I, O rs Kelemen , 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 facia and decision approved b such Board on , Approved on December P.P PP 11d, 2008m Dated , Dryden , New York 200,9 B s Kelernen NOTICE OF DE ISIOW AREA VARUNCE APPLICANT: Volvo Rents December 2nd , 008 Chair {hers I elemen . PLEASE4 TAKE NOTICE that thf. Zoning Board of Appeals of the Town of Dryden will conduct a Public I•Iearing to consider the request submitted by Volvo Rents , formerly Seneca Supply for Dryden Town free standing sign dimensional requirement relief, for commercial service signs at 7 Hall Road Town of Dryden and are appealing Dryden Town Zoning Sign Ordinance Sections 1506 , overall Height and 150 _ 6 , a; permitted sign quantity and square footage to do so _ SAID HEARING w ' lI be held on Tuesday December 2nrl , 2 008 at 7 : 30 PM prry fling time at the Dryden Town Hall, 93 East Main St . D yden NY, at which time all interested persons will be given an opportunity to be heard _ 1}ersona may appear in person or by agent. Individuals with visual, hearing or manual impairments and requiring assistance do should contact the 7`Owri of Dryden at b07 -$ 44- $$ $8 x 216 at lust IFS hours prior to Che trine of the public hearing. A6 IN CONSIDERING .WHETHER AN UNDESIRABLE CHANCE 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; Attorney: NOTE, one tkrtrtg to keep in rnind that husn -1 been addressed that is always redeuant to this condj.(ion is , whether you have any objection to neighbodrg property awrrers, which you have had none and that is a very relative finding in a case dike this. The proposed sari a ces concerning height, square footage and number of signs will not result In an undesirable change in the neighborhood as it is located in a business corridor and there has been no negative respa nse from. the neighborhood. Motion made by : Tont Quinn Second : Mrs Kelemeo All in favor R6 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 ZOMNG BOARD OF APPEALS FINDS AS FOLLOW : Notice Of Dmision Dceejnber 2H. 20., Volvo Rents — 7 IN11 Road , Ithaca IN Page 2 of 4 The benefits sought by the applicant are hest suited because the site of the building is located below the highway, there are trees obstructing the view and the building is set back 75 ' from the road leaving few aIterative. Due to the ,fact that the site is 16'- O' lower than Rt. 23d Motion made b�+ : 1G"orn Quinn Second : Mark May bury All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONINGS SOAPM OF APPEALS FINDS AS FOLLOWS; Yes it is 3-ahsfantial! Motion made by : Tom Quinn Second : Mark Maybury All ire favor D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL /C��OINDI�TIIO�NS IN 'T�HE*Np E�ISGHYBfO�=Rr�HOOD OR DISTRICT. '1 HE ZONING BOARD O APri" ALA FINDS AS FOLLOWS. S. NO. Due tv Elsa drop in elevalron, the tree line and the dhtancefrom the road, the irrrprrcr u filse sign would he ►ninlmaL Motiorl made by : Mark Maybary Second : Tom Quinn All in favor E. /IN C1OgI++IpSIDERINC��WHE�T4HE71t{ '�I`�HE ALLEGED * DIFFICULxT4Y�{WAS SE�LF— �+ rCR. �••'"` 1 ED. a HE ZONING BRJl`�E\D O APPEALS FINDS AS FOLLOWS : U 1 Motion made b : Mark Maybury Second : OM Kelemen All in favor THIS VARIANCE CE IS; NOTE MP Short Environmental Assessment Form A) . Does action exceed any type 1 threshold in 6 NYCRR, Part 617, 4? NO sJ Will action receive coordinated review as provided for unlisted action3 in 6 iYY RR, Part 617 , 6 ? _ NO Q Could action result in any adverse effects associated with the Collowing? I ) Existing air quality, surface or groundwater quality or quantity , noise levels , existing traffic pattern , solid waste production or disposal , potentiA for erosion, drainage or flooding problems? NO C ) Aesthotic , agricultural, archaeological , historic, or other imtural or cultural resources, or community or neighborhood character? No Notice Of Decision Meember 2`d1 2008 Vulva Rents - 7 Hall Road , Ithaca NV Page 3 of C31 Vegetation or fauna , fish , shellfisli or wildlife specie, significant Habitats , or threatened or endangered species' NO 4) A community's existing plans or goals as officially adopted , or a change in use or iiatensity of use of land or other natural resources? NO O51 Growth , subsequent development, or related activities likely to be induced by the proposed action? NO C6) Long term , short torn, cuinulative, or other effects not identffied in C I - C 5? NONE O'T) Other irnpacts (including changrtbs in use of either quantity or type of erierM7) ? NONE D) Will thu project have an impact on the environmental characteristics that caused the establishment of a critical environmental area.? NO >E) Is there , or is there likely to be , controversy related to potential adverse environmental impacts? NO Oers: Have we Board erased on the info nnat[on and analys?s a.hove and any supporting documentation, that the proposed action WILL NOT result in any significant adverse enulrorr.mentat Impacts AND provide, 0n 0.1tachments as neeessary the reasons suppofVny this deeerrninationP Tom Quinn moves that the negative declaration : Second : Natan Huffman Favor, All NOTE: 239 L&M County Report that the Town has received it. Tom Quinn moves that we grant the variance for the number of signs , to allow 4 signs where 2. are permitted . Second : Natan ALL in favor Mark Maybury inoves that we allow the one 35 ' sq . foot free standing sign and the three flags that are each approximately 15 ' sq _ feet I move that we allow that instead of the 40 ` sq _ rt . Second : Tom ALL in favor Torn Quinn moves the rreestanding sign was requested to be 0 ' foot high and the three flag poles were requested to be 30 ' high where 15 ' foot was otherwise a] Iowed . Seconds Mark Maybury ALL in favor ]DECISION : VAR [ANCECRAfY'1ED Notice Of Deeision December 2`'3, 2008 Volvo Rents — T Hall Road, Ithaca NY Page 4 of State Environmental Quality Review SPQR NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number BA-07=08 Date : March 10th , 2009 This notice is issued pursuant to Part 617 of the implementing regulations pertaIning to Article 8 ( Skate Environmental Quality Review Act) of the Environmental Conservation Law , The Dryden Town Zoning Board of Appeals , as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared . Name of Action : FOR Status : Type 1 ❑ Unlisted ❑ Conditioned Negative Declaration : ❑ Yes © No Description of Action : The applicant , Volvo Bents , 7 Hall Road Town of Dryden request relief of Dryden Town , Zoning/Sign Ordinance Article 15 Section(S ) 1506 , Sign Height 30 ft , high (3 flags ) where 15 ' is permitted ; 15O . quantity (4 ) signs where ( ) are permitted ; and square feet 80' total sq , feet where 40 ' is perm i Red . Location , (Include street address and the name of the municipaiitylcounty_ A location map of appropriate scale is also recommended _ ) 7 Hall Road Town of Dryden near the intersection of NYS Its , 366 & 13 and Hall Road . (site map) EQR Negative Declaration Page 2 of Reasons Supporting This Determination : (See 617 . 7(a)-(c) for requirements of this determination ; see 617 , 7 (d) for Conditioned Negative Declaration ) The Board conducted a thorough review of the applicant supplied SEAR Short Form Part # 1 details. A SEAR Form Part #2 document was used to evaluated the part 1 form and general project development plans . Upon cornpfetion of the part 2 evaluation , review of the general project plans prepared by Volvo Rents , Project Sponsor as well as environmental mitigation measures included within the project plans , the Board concluded NO negative impacts would result from this project and rendered a Negative SEOR Declaration . If Conditioned Negative Declaration , provide on attachment the specific mitigation measures imposed , and identify comment period (not less than 30 days from date of pubication In the ENE) For Further Information : Contact Person : Town of Dryden Zoning , Planning & Building Department ( Henry Slater) Address: 93 E . Main Street , Dryden , NY 1305 Telephone Number: 607-844-8888 For Type 1 Actions and Conditioned Negative Declaration&, a Copy of this Notice is sent tin: Chief Executive Offroer , Town } City 1 Village of Other involved agencies (If any) Tompkins County Planning 239 L&M Review Applicant Volvo Rents , Attn : Jeffery Jenkins Applicant (if any) Environmental Notice Bulletin 625 Broadway Albany NY 1223 -1750 (Type One Actions onl