Text · page 7 of 11
DRAFT correct them. I know he submitted paperwork that required supplementation on several occasions prior to February 2026. Mr. Reed has been working on that with Mr. Witkowski. I think he made insufficient submissions in maybe September and then December that require supplementation. He did make efforts immediately after being noitified to come to the ZBA for approval once he realized that there were issues with the height. Ms. Pryor: Do we have the application that was submitted? Mr. Ballard: Only the one that was submitted from October of 2024. Mr. Reed: The original was submitted. I believe that Mr. Murphy had sent that letter out listing the parameters in the variable message center on part of the sign law to let him know what was required. He got his permit and I believe that it was with the understanding that he would follow the directives in that letter. Most of the directives were not followed until I approached him. Mr. Reed: He did start shutting off the sign at nighttime within the time frames required. He did shorten the message to maximum or minimum of every two hours to change the message. He opted to go for a variance for the area of the height of the sign. The reason he gave was because the height of his storage piles which are in the allowance for high pile storage for the fire code. The reason I went down to close his permit out and do his fire inspection at the same time. But that is the only application and that is the one that was processed. Kevin Rautenstrauch: It is not the bottom height or anything that is in question. It is just the very top of it. Mr. Reed: The way the law is written. It kind of gives your measurements of a long skinny sign. Because of the original writing and the rewrite of the Local Law to put variable messages center in, it took out the word for planter box. Which would have given him additional height to bring that closer to compliance for the bottom of the sign. This is something that we will be working on to clean up some of the ambiguous language, but the maximum height is 9 feet, and he is about 16 inches over that right now. Any signs that we have had permits for in town for refacing like NBT Bank. They have brought their signs in to compliance with the current laws. They did not ask for any variances. So, it is Mr. Witkowski right to ask for a variance for this, and he was given the parameters. It is up to the board to decide on this matter. I am just the messenger of bad news. Chairman Ms. Rood: Any other questions? I make a motion to close the public hearing. Bethany will second the motion. Vote Taken: Ms. Zylinski Yes [X] No [ ] Mr. Ballard Yes [X] No [ ] Mr. May Yes [X] No [ ] Ms. Pryor Yes [X] No [ ] Chairman Ms. Rood Yes [X] No [ ] Mr. May: I would like to make a motion to pass petition #652. It was seconded by Mr. Ballard. Conditions as follows: (1) Does it create an undesirable change to the character of the neighborhood? Yes [ ] No [X] (2) Can the benefit sought by the applicant be achieved if the variance is not granted? Yes [ ] No [X]