Southtowns Record

ZBA 2026-03-05 Agenda & Minutes

Government
Town of Boston
Board
Zoning Board of Appeals
Meeting
Mar 5, 2026
Posted by publisher
Sep 30, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Text · page 4 of 12

DRAFT
lot of our business at 7380 Boston State Road. The purpose of this new signage is to enhance the visibility of
the business as well as provide improvements to customer communication through advertisements about
specials events and hours of operation. We have received and have heard the suggestions from the Town of
Boston code and have adjusted accommodation where possible, specifically in the example of sign operation
hours. We respectfully request a use variance for the code requirement regarding message change time, as well
as all our presentations are static text, and we fulfill the requirement of no animations. Furthermore, the height
of the sign serves a purpose in that it allows passersby to see our advertisements over merchandise in the spring,
summer, and fall, and over large snowbanks over the course of the winter. In addition, since the signage on the
property has not changed in dimension since the point of our occupation and is close to 40 years old, we are
respectfully requesting a use variance for those dimension specific requirements of the code. So that is the sign,
the one that was up to 40 years old, that was prior to December 24, just so it's clear. Our business, South Town
Feeds and Needs LLC, has been and continues to be a proud member of the North Boston community since our
move here in 2008. We believe that this newly established signage will not only benefit our business but will
benefit the community, providing a valuable addition to the growing vibrant commercial landscape developing
in the area. We are confident that the current design and operational plan will not have a negative impact on the
neighborhood, and we hope that you will agree. Thank you for your time and consideration regarding this
matter. Sincerely, Mark Witkowski.”

Chairman Ms. Rood. We also have a recommendation from our Planning Consultant, Sarah DesJardins
regarding petition #652 Mark is requesting an area variance for a variable message sign at 7380 Boston State
Road. This action is classified as a type 2 action and therefore is not subject to review under SEQR.

Code Enforcement Officer Mr. Reed: There was a letter sent to, The Zoning Board regarding the area variance
for the variable message sign center. The petitioner is applying for an area variance from LL 2019-2 article 395
definitions ground mounted sign; a sign not attached to any building or structure and whose lowest point shall
not be more than 3 feet from grade to the bottom of the sign and supported by framework resting on the ground
of whatever material constructed. Ground mounted signs shall not exceed a maximum of 9 feet. The height is 71
inches to the bottom of the sign, and the height measured from the ground to the top of the sign is 10 feet and 4
inches. And a letter was sent also regarding the installation and operational requirements from Local Law 2019-
2 from Code Enforcement Murphy to the applicant on August 22, 2024. The message when inspected recently
changes to no more than 2 hours per message. The sign is now turned off from 11 PM to approximately 6 AM
and follows the use. So that would have been another variance that would have been required had he not done
that. But I wanted to make sure that everyone was clear that Code Enforcement Officer Tom Murphy, who was
our full-time code enforcement officer, had sent a letter regarding the installation and operational requirements
from that local law to him back in August 2024.

Chairman Ms. Rood: So, is Mark here or a representative? No one to speak for him? He said he was going to
have his attorney here. He wouldn't be here. That never happens. Certainly not. So, you know what we know,
everybody.

Code Enforcement Officer Mr. Reed: I was just going to give the dates of when the sign went up, when the
information went out, the information about the specifications for the height of the sign went out well before the
sign went up. Therefore, the sign went up with full knowledge of what it should have been, and they were
wrong. It should have been lower to the ground.

Chairman Ms. Rood: Therefore, I feel this is belligerent, and this is since the applicant isn't here to speak for
himself, it feels belligerent, a disregard for the specifications that our town code enforcement offers officers
sent. I can speak with other board members. I just feel it's disregarding the law. Notification sent? His permit
date was October 18, 2024. So, he knew 2 months before he even approved or signed for the permit. The