REGULAR MEETING
ZONING BOARD OF APPEALS
Nyack Village Hall September 26, 2011
Nyack, New York
Present: Catherine H. Friesen, Chair In Memoriam:
John Dunnigan Raymond O’Connell
Robert Knoebel, Sr.
Ellyse Berg
Roger Cohen (Alternate)
Absent: Mary Ann Armano
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 September 26, 2011.
BOARD OF APPEALS
VILLAGE OF NYACK, COUNTY OF ROCKLAND
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In the Matter of the application of Presidential Life
(69 Lydecker Street) for an Area Variance from VON Code
Section 360-4.11E(1)(a) to permit a parallel sign at rear of
building facade
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The Zoning Board of Appeals held a public meeting on the 26th day of September, 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 Presidential Life requests an Area Variance from VON Code Section 360-4.11E(1)(a) to permit a parallel sign at the rear of the building façade.
SECOND: The ZBA, in reaching its Findings of Fact and Conclusions of Law has taken the following factual testimony and evidence under consideration:
- The application and supporting documents submitted;
- Testimony of Christopher Jones on behalf of the Applicant;
- Testimony of Robert Hamburg for Majestic Signs on behalf of the Applicant;
- ZBA members knowledge of the site in question;
- Site visits by all members of the ZBA;
- 6. The positive recommendation of the ARB to this Board in relation to the grant of the variance.
- There was no public testimony.
THIRD: The site in question is located in the DMU zoning district and is owned by the Applicant. The Applicant seeks to install a dark blue dome style awning over the rear entrance door which will identify the occupant on the front and side in gold text, improve the appearance of the building and provide shelter to people as they enter. The awning will be approximately 105” long and abuts a loading dock. The rear entrance is used for deliveries and is next to a parking lot.
FOURTH: The Nyack Architectural Review Board (ARB) has issued a positive recommendation to this Board in relation to the variance request.
(Moved and Passed 5-0)
CONCLUSIONS OF LAW:
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 variance does not create an undesirable change in the neighborhood. (5-0)
SECOND: That no detriment to nearby properties will result from granting the variance. (5-0)
THIRD: That the Applicant has demonstrated that there is no other means by which it could achieve its purpose without the requested variance. (5-0)
FOURTH: That the variance is not substantial in light of the current conditions on the site (5-0)
FIFTH: That the hardship is self-created. (5-0)
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 applied for should be GRANTED with the following conditions:
- Applicant will follow the conditions imposed by the Architectural Review Board,
On a roll call, the vote was as follows:
Ayes: 5
Nays: 0
Abstain: 0
_Catherine H. Friesen___________
CATHERINE H. FRIESEN Chair
Zoning Board of Appeals, Nyack.