REGULAR MEETING
ZONING BOARD OF APPEALS
Nyack Village Hall January 26, 2009
Nyack, New York
Present: Steven P. Knowlton, Chair
Mary Ann Armano (absent)
John Dunnigan
Robert Knoebel, Sr.
Ellyse Berg
In Memoriam:
Raymond O’Connell
The following resolution was offered by Member Berg, seconded by Member Knoebel, and carried based upon a review of the evidence presented at the public hearing held on January 26, 2009.
BOARD OF APPEALS
VILLAGE OF NYACK, COUNTY OF ROCKLAND
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In the Matter of the application of Anuj Patel for Subway for Area Variances from VON Code Section 59-25M to permit one internally illuminated sign; from 59-25E to permit a sign that does not front a street; and a Special Permit in accord with 59-25F to permit direct illumination of a sign.
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The Zoning Board of Appeals held a public meeting on the 26th day of January, and due deliberations having been made this day;
Now, upon said hearing and upon the evidence adduced thereat, it is hereby found and determined that:
FINDINGS OF FACT & CONCLUSIONS OF LAW
FIRST: Applicant Subway petitions the Zoning Board for the Variances and Special Permit as set forth above.
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SECOND: The ZBA, in reaching its Findings of Fact and Conclusions of Law has taken the following factual testimony and evidence under consideration:
1. The application and supporting documents submitted;
2. Testimony of Anuj Patel, Applicant
3. ZBA members knowledge of the site in question;
4. Site visits by all members of the ZBA;
5. There was no public testimony.
THIRD: The site in question is located in the DD zoning district. The Applicant leased the property in November 2008 pursuant to the local zoning regulations.
FOURTH: The Nyack Architectural Review Board has issued a positive recommendation to this Board in relation to the variance request related to internal illumination of the north façade sign and to permit a sign not facing the street, as well as the alternative Special Permit request for direct illumination of the west sign..
FIFTH: The Applicant seeks the signs to advertise his business and enhance sales in the downtown district.
SIXTH: The Applicant has agreed to the modifications sought by the ARB so that the signs will be in conformance with the standards for the building.
SEVENTH: Interior illumination will consist of a maximum of 270 watts. Direct illumination will consist of two goose-neck fixtures similar to those in use in the Village. Wattage for each fixture will be 75 watts.
EIGHTH: Hours of operation of the lighting will be 8 AM to 11 PM Sunday through Thursday; and 8 AM through 2 AM Friday and Saturday.
NINTH: The north (Main Street) sign is to be internally illuminated and the west (parking lot) sign shall be externally illuminated.
The above Findings were moved and passed 4-0.
CONCLUSIONS OF LAW:
Upon motion the ZBA elected to deliberate in an omnibus fashion.
The Zoning Board considered the factors set forth in Section 7-712-b of the Village Law of the State of New York as follows:
FIRST: That the proposed variances does not create an undesirable change in the neighborhood. 4-0
SECOND: That no detriment to nearby properties will result from granting the variance. 4-0
THIRD: That the Applicant has demonstrated that there are no other means by which it could achieve its purpose without the requested variances. 4-0
FOURTH: That the variance is not substantial in light of the current conditions on the site. 4-0
FIFTH: That the hardship is self-created. 3-1
The Board has weighed the findings of fact and the conclusions of law against one another as required under Section 7-712-b of the Village Law of the State of New York and finds in the interest of justice that the variance(s) applied for should be GRANTED with the following conditions:
1. The conditions placed by the ARB on this application be followed. Any deviation from, or failure to adhere to such conditions will void the variances.
2. Applicant shall provide to the Building Inspector a letter from the property owner granting permission for the placement of the signs as proposed within 7 days of this decision.
On a roll call, the vote was as follows:
Ayes: 4
Nays: 0
Abstain: 0
As to the Application for a Special Permit, The Zoning Board considered the factors set forth in Section 59-39(C) et. seq. and makes these Conclusions of Law:
FIRST: That the applicant has shown that all proposed structures, equipment and material will be readily accessible for fire and police protection.
SECOND: That the applicant has shown that the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
THIRD: The applicant has shown that the location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
FOURTH: The applicant has shown that the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
The Board has weighed the findings of fact and the conclusions of law as required under VON Code Section 59-39(C) et. seq. and finds in the interest of justice that the Special Permit should be GRANTED with the conditions set forth above.
s/ Steven P. Knowlton
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STEVEN P. KNOWLTON, Chairman
Zoning Board of Appeals, Nyack.