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Home My WebLink About2014-03-26 More signs than allowed TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Wednesday, 26 March 2014 - 7:00 PM Groton Town Hall Court Room - 101 Conger Boulevard - Groton, NY Board Members (*Absent) Others Present Paul Fouts, Chairman Gary Coats, Town CEO Patricia Gaines, Vice Chairman Joan Fitch, Board Secretary Carolann Darling Victoria Monty, Town Attorney Ted Schiele Dan Cerretani Applicants & Public in Attendance John A. Beck, Appellant; Cliff Fenner, Ryan Walczak, Bob Fouts, Kelly Smith, Judy 8, Dick Rice, Jim Kane, Dick Rossignol. 11 PUBLIC HEARING John A. Beck, Appellant/Reputed Owner - NYS Route 22 & Champlin Road - TM #19.-1-10 - Sign Variance Request The Public Hearing was opened at 7:05 p.m. by Chairman Paul Fouts, who read aloud the Legal Notice as duly published in the Groton Independent on 12 March 2014. Proof of Publication has been placed on file for the record. It was noted by Chairman Fouts that the required fees have been paid in full. He then introduced the members of the ZBA. Chairman Fouts stated that there had been some communications received, as follows: Tompkins Countu Department of Planning - March 20, 2014 - Acknowledged receipt of subject referral under NYSGML and noted that they determined it had no negative inter- community or County-wide impacts, so it was returned to the Town for local determination. NYSDOT/Stan Birchenough-Email of31 51201 4- "DOT has no comments. Email from Ralph Cook (read aloud by Board Secretary) -"We are strongly opposed to any variance being issued to Mr. Beck to allow six signs on his property along Route 222 in Groton. These signs have the potential to bring down property values in this area and appear to be slanderous and libelous. The Nazi insignias are extremely upsetting and degrading to our beautiful area. Visitors to our area are amazed that even two of these signs would be allowed and found them to be very disgusting as do all people who live near this property. Please do not even consider this variance. Thank you." (At this point, Mr. Beck requested a piece of paper so he could make notes regarding the communications being read—so he could comment on them, he said.) Mona Forneu- 1003 Cortland Road(read aloud by Board Secretary) - "I am unable to be at the public hearing, March 26, 2014, so this email will be my answer to the variance request by Mr. Beck. I am totally against this request. When the signs were up across from my property, people were stopping there sometimes in the traffic lane. The signs were not attractive and were racist. This is not freedom of speech in my opinion. If he wants to complain, put it in the newspapers. Thanks for allowing email for those of us unable to attend." Anonumous (read aloud by Board Secretary) - "There should be no signs allowed like he puts up. Only for business advertising only. The signs are an eyesore when driving on 222. They might distract drivers and cause an accident when they are driving and trying to read his nonsensical signs. It is a matter of safety. I travel on 222 all the time. I'm glad the signs are gone forever I hope." Page 1 of 4 Town of Groton ZBA Hearing/Meeting Minutes 26 March 2014 Chairman Fouts asked CEO Gary Coats if he had any comments to make. CEO Coats reported that the Town Office had received two phone calls from two individuals who provided their names, but did not want them given because they "feared retaliation." Both calls were in opposition to the granting of a variance. Chairman Fouts then gave privilege of the floor to Mr. Beck, the Appellant. Mr. Beck stated, regarding the Cook letter, disagreed that he had slandered anyone and if he had, they should "take me to court." Regarding the Forney letter, Mr. Beck said there was nothing racist on his displays. Regarding the Anonymous letter, Mr. Beck said, "No name, no name, no guts." Mr. Beck then stated, "Now I'm going to state my case." He announced that he had a dry throat and had to have something to drink first, which he did. Then, seated at the ZBA table, Mr. Beck proceeded to read aloud from his prepared statement, announcing first that he did not want to be interrupted. The reading took a total of 45± minutes, starting with a quotation, "The only way evil can win is if good people do nothing." He then proceeded to tell his personal story: thanking medical personnel who saved his life. The reason he was seeking the variance to have six signs (as shown on the sketch map attached to his application) was to "report on a senseless, inhumane, evil and ungodly crime and its cover up." He was referring to the killing of feral cats on Cornell University property. Mr. Beck followed by assailing Cornell University ("a multimillion dollar conglomerate") and its administration, NYS Courts and legal system, the "corrupt State of New York," the FBI, and Hillary Clinton. He also spoke against Governor Cuomo in regard to natural gas drilling in the State, criticizing nuclear- and coal-generated power. Mr. Beck then assailed the Town of Groton Supervisor Glenn Morey and CEO Gary Coats and the "whole Town government," the head of the Tompkins County SPCA, and Judge Robert Mulvey. He gave a chronology of all of his legal proceedings involving the Town. Mr. Beck stated he wanted the variance so he can report the "news and memorialize the veterans who served this country." At the conclusion of his forty-five minute statement, Mr. Beck presented ZBA Chairman Paul Fouts with the flag of the United States of America. Chairman Fouts opened comments to the public in attendance, received as follows: Dick Rice - 382 Champlin Road- Asked why Cornell University wasn't investigated. Mr. Beck responded that the Cortland County DA is a Cornell grad and refused to press charges. The "crime" happened in Cortland County. With everyone having been heard who wished to be heard, Chairman Fouts closed the Public Hearing at 8:03 p.m. 11 REGULAR MEETING Chairman Fouts opened the Regular meeting of the Zoning Board of Appeals at 8:03 p.m. APPROVAL OF MINUTES - 29 JANUARY 2014 A motion was made by Member Patricia Gaines to approve the Minutes of the 29 January 2014 ZBA hearing/meeting, as submitted. The motion was seconded by Member Carolann Darling, with the vote recorded as follows: Ayes: Chairman Fouts Nays: None Member Darling Member Gaines Member Schiele Member Cerretani Motion carried. This becomes Action #5 of 2014. Page 2 of 4 Town of Groton ZBA Hearing/Meeting Minutes 26 March 2014 John A. Beck, Appellant/Reputed Owner - NYS Route 22 & Champlin Road - TM #19.-1-10 - Sign Variance Request With no further discussion, a motion was made by Member Ted Schiele that the Town of Groton ZBA declares itself as Lead Agency under SEQRA for the proposed sign variance. The motion was seconded by Member Gaines, with the vote recorded as follows: Ayes: Chairman Fouts Nays: None Member Darling Member Gaines Member Schiele Member Cerretani Motion carried. This becomes Action #6 of 2014. Chairman Fouts then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II except for #s 1, 3, and 8 which impacts were considered Moderate to Large: #1. Moderate to large impact as request is for a greater number of signs than allowed, with a greater number of square feet than allowed. #3. Moderate to large impact based on comments received from the public. Comprehensive Plan also supports comments of the community. #8. Moderate to large impact as Comprehensive Plan also supports the reasoning the same as for #3. After a brief discussion, a motion was then made by Member Schiele that, based on the information and analysis of the SEQR concerning this application, the Town of Groton Zoning Board of Appeals has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Gaines with the vote recorded as follows: Ayes: Chairman Fouts Nays: Member Darling Member Gaines Member Schiele Member Cerretani Motion carried. This becomes Action #7 of 2014. Chairman Fouts then proceeded with the required questions (balancing test) for the variance, with the responses being given by the ZBA members, after a brief discussion of each, as follows: 1. Can the benefit be achieved by other means feasible by the applicant? Finding: Yes. Everyone agreed. 2. Will an undesirable change be produced in the character of the neighborhood or the nearbv properties? Finding: Yes. Everyone agreed. 3. Whether the requested variance is substantial? Finding: Yes. All agreed. 4. Whether the request will have adverse phvsical or environmental effects? Finding: Yes, has adverse physical (aesthetic) effects, but not environmental. All agreed. 5. Is alleged difficultv self-created? Finding: Yes. All agreed. Page 3 of 4 Town of Groton ZBA Hearing/Meeting Minutes 26 March 2014 After a brief discussion, a motion was made by Member Dan Cerretani that, based on public testimony (both written and oral), supporting documentation, and ZBA findings, the requested variance to allow for a greater number of signs with a greater area than allowed is denied. The motion was seconded by Member Gaines, with the vote recorded as follows: Ayes: Chairman Fouts Nays: None Member Darling Member Gaines Member Schiele Member Cerretani Motion carried. This becomes Action #8 of 2014. ADJOURNMENT At 8:35 p.m., a motion to adjourn the meeting was made by Member Darling and seconded by Member Gaines, with all Board members present voting in favor. Jo E. Fitch, Board Secretary Emailed to Town Supervisor, Clerks, Town Attorney, CEO &ZBA Members on 4/28/14. Page 4 of 4