TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 5/28/2014, 7:30 PM

ZBA MEMBERS PRESENT: Jim Levesque Richard Barton Greg Michalak
Helen Emick Louise Ortman Dan Thomas
Dave Stapleton, Town Attorney

OTHERS PRESENT: Brenda Knipe (Hogan’s Hut)

Mr. Levesque opened the hearing at 7:30 PM. Mr. Stapleton swore in Ms. Knipe.

1. Hogan’s Properties Limited requesting a Special Permit to replace a sign on premise which does
   not meet height or size requirements as outlined in Zoning Sec. 617 at proper/es located at 3503 Old
   Bridge Road, Stow, NY, Specifically Sec. 332.16-­‐1-­‐49.1; 332.16-­‐1-­‐49.2 and 332.16-­‐1-­‐48.

   Mr. Levesque asked Ms. Knipe what Hogan’s Hut wished to do. Ms. Knipe said they wish to extend
   the height of the gas sign in front so that it will be visible from I-86. Mr. Levesque asked if they will be
   using the same stand (poles) for the sign. Ms. Knipe said they hope to use them, just extend them higher and the sign will be in the same location. Mr. Levesque clarified that if they have to build a new platform,
   foundation, etc. it will need to come back to the ZBA. Mr. Thomas stated that the current sign is 23’ high
   and the new one will be 32’ high (additional 9’). He asked Ms. Knipe if that is correct and if the sign would
   be lit. Ms. Knipe said yes and the sign will be lit only during hours of operation/store hours. Mrs. Ortman
   asked if there is possibility of a gas notice sign on I-86. Ms. Knipe said there is one of the small blue signs
   that says gas from the west just before the Veterans Bridge and from the east on the exit sign itself. Ms.
   Knipe said the sign people feel that a 9’ height addition will allow people to see the sign well in advance of
   the exit. Mr. Thomas said the nearest gas station to the east is the Mobile at exit 12 Jamestown. Mr.
   Levesque said Mr. Stapleton advised that there are NYS regulations that require an application prior to
   construction. Mrs. Thomas stated that she had sent a copy of the hearing notice and the applicant’s
   application to the DOT office in Mayville. Mr. Levesque said an application would need to be filed with the
   state prior to a vote by the ZBA. Mr. Stapleton said the section we are dealing with is Sec. 617 of the Zoning
   Code which states a freestanding sign cannot be higher than 18’ and cannot be illuminated. He said there are square footage requirements also. He said Mr. Lawson thinks that the sign is on premise sign but he feels the state regulations make it pretty obvious that it is an off premise sign. He said the town had received a letter from NYS-DOT on 3/15/13 which indicated that advertisements on the state highway from the intersection to BOCES are not permitted as far as they are concerned. Mr. Stapleton provided the applicant with a form ROW 375 and ROW 436 to be completed for the DOT. He said either the forms need to be approved or we should receive a letter from the DOT stating they do not require the forms. There was further general discussion of the signage and conditions existing at the intersection. Mrs. Emick asked if the sign would present any issues for the helipad at the A.F.D. on Stow Road. The general consensus was that there would be no issue. There was discussion of the fall zone for the sign and Ms. Knipe said if the sign were to fall it would be in the grass and would not hit any road or structure. Mr. Levesque asked if there were any questions regarding the application. Mrs. Emick asked if the application could be approved by the ZBA with a condition requiring approval by the NYS DOT. There was discussion of the suggestion. The square footage of the sign was calculated by the board to be approximately 80’ sq. ft. Ms. Knipe said the digital display of the gas prices will be brighter that the current price display.

   Mr. Levesque motioned to grant Hogan’s Properties Limited a Special Permit to replace a 23’
   tall sign on premise with a 32’ tall sign which does not meet height or size requirements as
   outlined in Zoning Sec. 617 at properties located at 3503 Old Bridge Road, Stow, NY,
   Specifically Sec. 332.16-1-49.1; 332.16-1-49.2 and 332.16-1-48, with the following condition:
   • All NYS-DOT applications must be filed and approved by the DOT and a copy of proof
   of that approval provided to Zoning CEO Brad Lawson prior to any action by the
   applicant.
   Mr. Thomas seconded and the motion was carried unanimously. !
   The hearing was adjourned at 8:15 PM. !
   Nancy Thomas
   Town Clerk

6/3/14
Subsequent to the hearing the Town Clerk contacted NYS DOT Engineer Daryl Nolan of the
Mayville Office by phone. Mr. Nolan in turn contacted Carl Bishara, NYS-DOT Real Estate Specialist II,
(also the author of the 3/15/13 letter referenced in the minutes). Following is the e-mail dated 6/2/14
received by the clerk regarding this matter.

Hi Nancy,

So glad you checked with us before issuing a permit. Always a good idea to ensure there are no issues related to the
Federal Sign Program. In this case, however, we would have no involvement. The sign is clearly an On Premise Sign advertising On Premise activities. The Federal Sign Program deals primarily with Off Premise advertising billboards that are visible from state/federal sign control routes advertising activities that do not occur on site. !
The only exception would be on premise signage whose clear intent is to be viewed from an interstate or federal aid
highway where the sign is far removed from the actual business acCvity. For instance, a sign installed on the back of a commercial property, say 50 feet from the I-­‐86, but the business is located some 800 feet away. !
Please call me if you have any questions. !
Carl (716) 847-­‐3183