Regular Meeting
Town of Watertown Zoning Board of Appeals
April 9, 2014
Members Present: Fred Lanham, Acting Chairman
Brandon Cooney
Mike Dulmage
Matt Porter
Members Excused: Bob Wormwood
Mr. Lanham called the rescheduled regular meeting of the Town of Watertown Zoning Board of Appeals to order at 7:00 p.m.
Motion 11-14: Motion by Mr. Cooney, seconded by Mr. Dulmage to accept the minutes of the March 5, 2014 meeting as written and distributed.
Ayes All: Motion Carried.
Public Hearings
Lauren Kent – 25246 Brookside Extension – Tax Map #91.11-1-13. Request for an Area Variance to turn an existing garage into living quarters. An Area Variance is required as this property does not meet the zoning requirements of a 3 acre lot for multi-family dwellings.
Legal notice was posted in the newspaper and evidence that adjacent property owners were notified.
The public hearing was opened at 7:01 p.m.
A letter from Anne Seegebarth, 18246 Van Allen Road North, dated 3/24/14, was read in support of this proposed project (Attachment #1).
A resident of 25167 County Route 67 voiced concerns on whether other neighbors would also apply for variances to make their property multi-family dwellings which would take away from the rural nature of the neighborhood. Mrs. Kent explained that when she bought the property the description in the listing advertised that “the garage has plumbing and dry wall for possible studio/in law suite/man cave, etc.” and was why she purchased the property. It wasn’t until the contractor contacted the zoning officer that she found out she needed a variance. Board members stated that each variance request is reviewed on an individual basis.
The public hearing was closed at 7:06 p.m.
Valentine Stores, Inc. (Nice N Easy) – Corner of NYS Route 12F & Salmon Run Mall Road – Four variance requests for proposed signage.
Legal notice was posted in the newspaper and evidence that adjacent property owners were notified.
The public hearing was reopened at 7:06 p.m.
Steven J. Primo, Harris Beach, PLLC, Attorney for Valentine Stores, Inc., reviewed a Memorandum of Law that was submitted (Attachment #2) which he believes supports reasons why the board should consider granting the variances for proposed signage.
Mr. Primo also asked that the board take into consideration the process that Valentine Stores, Inc. followed during the planning process to acquire signage along I-81 that was approved by the Town of Watertown Planning Board but was denied by the New York State Department of Transportation.
Mr. Primo stated that the purpose of the proposed signage is to address traffic on I-81 and to bring business traveling both north and south into the store at night.
The public hearing was closed at 7:26 p.m.
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Variance Requests
Lauren Kent – 25246 Brookside Extension – Tax Map #91.11-1-13. Request for an Area Variance to turn an existing garage into living quarters. An Area Variance is required as this property does not meeting the zoning requirements of a 3 acre lot for multi-family dwellings.
Mrs. Kent presented proposed plans to convert an existing garage into living quarters for an Au Pair. She stated that when she bought the house, the description advertised that the garage “has plumbing and dry wall for possible studio/in law suite/man cave, etc.” which was one of the reasons she purchased the house. Discussion following.
Motion 12-14: Motion by Mr. Cooney, seconded by Mr. Dulmage to grant an area variance for Lauren Kent, 25246 Brookside Extension, Tax Map #91.11-1-13 to turn the existing garage into living quarters.
Ayes All: Motion Carried.
Valentine Stores, Inc. (Nice N Easy) – Corner of NYS Route 12F & Salmon Run Mall Road – Four variance requests for proposed signage.
Discussion on the proposed signage took place including the following:
The board asked if Valentine Stores, Inc. tried to appeal the New York State Department of Transportation’s decision of denying the proposed signage along I-81. Mr. Primo stated that there was not a “formal” appeal process, it was an administrative decision from DOT.
The board asked about exploring the possibility of using existing billboards on I-81 to advertise. Ed Valentine stated that it was very costly to rent billboards, which he is doing at the present time, and that the reason for the variance requests is to seek relief from a monthly expense of renting billboard space.
Ed Valentine stated that there is not an available space on the interstate exist signs along I-81 to advertise gas. He is on the interstate exist signs for advertisement of food.
Board members feels that if they grant this proposed signage to Valentine Store, Inc., other business will come and ask for the same signage also. It will set a precedence.
Mr. Primo asked board members if they would grant a variance for a sign that was less than the proposed 80′ and less than the proposed 400 square feet of area per face. The board stated that they cannot address an amended application without specifics.
Mr. Lanham made a motion to deny the variances as requested.
Attorney Primo asked that the motion be withdrawn and that a decision not be made tonight to allow an amended variance application to be submitted for consideration regarding the height and face area of the proposed signage.
Motion 13-14: Motion by Mr. Porter, seconded by Mr. Dulmage to table the decision to allow an amended application to be submitted.
Ayes All: Motion Carried.
Motion 14-14: Motion by Mr. Porter, seconded by Mr. Cooney to adjourn the meeting at 7:45 p.m.
Ayes All: Motion Carried.
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Susan Burdick
Secretary