Regular Meeting
Town of Watertown Zoning Board of Appeals
June 5, 2023
Members Present: Bob Wormwood – Chairman
Mike Dulmage
Robin Kiernan
Jennifer Knapp
Members Absent: Brandon Cooney
Mr. Wormwood called the regular June meeting of the Town of Watertown Zoning Board of Appeal to order at 7:00 p.m.
Motion 10-23: Motion by Mr. Wormwood, seconded by Mrs. Knapp to reschedule the regular July meeting of the Town of Watertown Zoning Board of Appeals to Monday, July 10, 2023 at 7:00 p.m. due to the 4th of July Holiday.
Ayes All: Motion Carried.
Motion 11-23: Motion by Mr. Wormwood, seconded by Mrs. Kiernan to accept the minutes of the May 1, 2023 meeting as written and distributed.
Ayes All: Motion Carried.
PUBLIC HEARING – VARIANCE REQUEST
Popeyes Louisiana Kitchen – 21050 NYS Route 3 – Tax Map #82.11-1-67.2 – Variance request to allow the current freestanding sign to remain. The current sign was not approved by the Planning Board and exceeds the 20′ height allowed by code.
Evidence was provided that legal notice was posted in the newspaper and that adjacent property owners were notified.
The public hearing was opened at 7:01 p.m. No one from the public wished to speak. The public hearing was closed at 7:02 p.m.
Nick Hancock – 16666 County Route 156 – Tax Map #101.00-1-14.27 – Variance request of side setback requirements to construct a 12′ x 48′ lean-to on an existing 30′ x 40′ barn. The side setback requirements is 30′.
Evidence was provided that legal notice was posted in the newspaper and that adjacent property owners were notified.
A letter dated 6/5/23 from B & D Wilson Farms (adjacent property owner) was submitted stating that they have no objection to this variance request (Attachment #1).
The public hearing was opened at 7:03 p.m. No one from the public wished to speak. The public hearing was closed at 7:04 p.m.
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VARIANCE REQUEST
Popeyes Louisiana Kitchen – 21050 NYS Route 3 – Tax Map #82.11-1-67.2 – Variance request to allow the current freestanding sign to remain. The current sign was not approved by the Planning Board and exceeds the 20′ height allowed by code.
The comment from the Jefferson County Department of Planning dated 6/1/23 were entered into record (Attachment #2).
Tom Wheeler, A J Sign Company, on behalf of Popeyes Louisiana Kitchen, and the franchise owner approached the Board requesting that the freestanding sign currently in place at the Popeyes Louisiana Kitchen located at 21050 NYS Route 3 be allowed to remain. Mr. Wheeler stated that the Project Manager who obtained permits and sent the sign to the site for A J Sign Company to install is not longer working for the company. This project manager also never presented to the franchise owner the option to reface the existing sign. The franchise owner stated that replacing the existing sign probably would never be approved by Popeyes Corporate as it is not consistent with the Popeye’s brand.
Mr. Wormwood stated that the signage that was approved and grandfathered in by the Planning Board was for Popeyes to reface the existing sign on site, that sign exceeded 20′. If Popeye’s wanted to change the sign that was grandfathered in, they had to get approval from the Planning Board and the sign would have to meet zoning requirements for a sign at 20′.
The ZBA stated that the current sign was not approved by the Planning Board and exceeds the 20′ height allowed by code. The ZBA Board will not grant a variance for this sign as a precedence was previously set when other businesses were denied signs which exceeded 20′. Discussion followed.
Popeyes options are to, put up the original sign that was grandfathered in or approach the Planning Board for sign approval of the current sign at a height of 20′.
Mr. Wheeler and the franchise owner will approach Popeyes Corporate office to see if they will approve a reface of the sign which was originally on site. They may contact the Planning Board for a letter stating why the original sign at a height above 20′ is allowed and not the current sign.
Motion 12-23: Motion by Mr. Wormwood, seconded by Mr. Dulmage to deny the variance request to Popeyes Louisiana Kitchen to allow the current freestanding sign which was not approved and exceeds the 20′ allowed by code to remain.
Ayes All: Motion Carried.
Nick Hancock – 16666 County Route 156 – Tax Map #101.00-1-14.27 – Variance request of side setback requirements to construct a 12′ x 48′ lean-to on an existing 30′ x 40′ barn. The side setback requirement is 30′.
The Board reviewed Nick Hancock variance request. Discussion followed.
Motion 13-23: Motion by Mr. Wormwood, seconded by Mrs. Kiernan to grant a side setback variance at 18′ to Nick Hancock, 16666 County Route 156, Tax Map #101.00-1-14.27 for the construction a 12′ x 48′ lean-to on an existing 30′ x 40′ barn. Zoning requires 30′.
Ayes All: Motion Carried.
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Edwin & Kelly Davis – 17284 Sandy Creek Valley Road – Tax Map #91.00-1-33.1 – Variance request of side setback requirements to construct a 2 stall garage. They are asking for a 10′ side setback. Zoning requires 30′. A public hearing needs to be scheduled.
Edwin and Kelly Davis presented plans to construct a 2 stall garage at 17284 Sandy Creek Valley Road. They are asking for a 10′ side setback variance. Zoning requires 30′. Discussion followed.
Motion 14-23: Motion by Mr. Wormwood, seconded by Mrs. Knapp to schedule a public hearing for Edwin & Kelly Davis, on Monday, July 10, 2023 at 7:00 p.m. for a variance of side setback requirements to construct a 2 stall garage at 17284 Sand Creek Valley Road.
Ayes All: Motion Carried.
Adam Beshures 22145 County Route 60 – Tax Map #82.07-1-1.6 – Use variance request for a business in a residential zone. He would like to use the garage and parking area for equipment and dump truck in a residential zone. He would also like a variance to allow a sign he has already installed in a residential zone. The are no customers on site only storage. There will be no change to traffic. A public hearing needs to be scheduled.
Adam Beshures approached the Board requesting a use variance at 22145 County Route 60. Mr. Beshures stated that he was told by the realtor and former property owner that he could run a business on this property when he bought it. He would like to use the barn to store equipment. There will be no customers on site and no change to traffic. Discussion followed.
Motion 15-23: Motion by Mr. Wormwood, seconded by Mr. Dulmage to schedule a public hearing on Monday, July 20, 2023 at 7:00 p.m. for consideration of a use variance and sign variance for Adam Beshures, 221455 County Route 60.
Ayes All: Motion Carried.
Motion 16-23: Motion by Mr. Wormwood, seconded by Mrs. Knapp to adjourn the meeting at 7:50 p.m.
Ayes All: Motion Carried.
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Susan Burdick
Secretary