MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

December 5, 2022

Call to order: 2022 Chairman John Pavelock called the meeting to order at 6:49 pm and led attendees in The Pledge of Allegiance to the Flag.

Attendance:

ZBA Members: John Pavelock, Amanda Hewitt, and Joshua O’Kay.

Randy Chandler was unable to attend. There is one vacancy on the board.

Others: Secretary Kathy Pavelock and Applicant Tony DePerno.

Liaison Gail Whitham and Zoning/Codes Officer Reay Walker were unable to attend.

Minutes Approval:

Josh O’Kay made a motion to approve the minutes for the November 14, 2022, ZBA Special Meeting. Seconded by Amanda Hewitt. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Absent, Vacancy – n/a.

Motion Carried.

Correspondence:

Secretary Pavelock summarized the correspondence since the November ZBA meeting including:

• Prepared and sent letter to Planning Board regarding billboard laws.

• Communicated to Supervisor Davis & Liaison Whitman, Josh’s desire to continue on this board after the expiration of his current term (12/31/22).

• Legal Notices for this meeting & VAR2022-02 Public Hearing.

• Received VAR2022-03 Application and discussed with Chairman.

• Received and distributed new Zoning Law approved at November Town Council meeting. It will be effective upon notification from the state. Until that time, we continue to use the 2018 Zoning Law.

  Public Hearings:

  6:35 PM VAR2022-02 Anthony DePerno Request for an area variance for Zoning Law Section 1720 C. Location: NYS Route 13; Tax Map # 236.007-2-3; Zone: WR; Requesting to replace existing sign with a smaller sign.

  Amanda Hewitt made the motion to open the public hearing. Seconded by Josh O’Kay. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Absent, Vacancy – n/a. Motion Carried at 6:52 pm.

  There were no people from the public in attendance and no comments related to this application.

  John Pavelock made the motion to close the public hearing. Seconded by Amanda Hewitt. Poll Vote: Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Absent, Vacancy – n/a. Motion Carried at 6:53 pm.

  Unfinished Business:

  VAR2022-02 Anthony DePerno requesting an area variance for Zoning Law Section 1720

  C. Codes Officer Reay Walker rejected a building permit for a new sign that would be in violation of Zoning Law Section 1720 C. Location: NYS Route 13; Tax Map # 236.007- 2-3; Zone: WR. The applicant proposes to replace an existing sign (owned by Park Outdoor Adv) with a smaller sign.

  The ZBA discussed the application and possible justifications for this variance. After review of Zoning Law Articles 17 and 18 and upon no further discussions, John Pavelock made a motion to approve VAR2022-02 (Tax Map# 236.007-2-3) providing the following conditions are adhered to:

  • The property owner will have the existing 12.5’x 25’ free standing sign replaced with a new 8’x24’ free standing sign with an overall maximum height of 16’.

  • The property owner will obtain all required permits from the TOV Codes/ Zoning Officer.

  • The TOV Codes/Zoning Officer has the authority to revoke this variance for noncompliance with any of these conditions.

The motion was seconded by Amanda Hewitt. Poll Vote:

Josh O’Kay – Aye, Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Absent, Vacancy – n/a. Motion Carried

Mr. DePerno was advised of the next steps. A letter of determination will be prepared, signed by the ZBA Chairman, and mailed to the property owner. Upon receipt of the letter, the property owner may contact the TOV Codes/Zoning Officer to obtain the necessary permits.

New Business:

VAR2022-03 Matt Stubley (Park Outdoor Adv) This application was received on November 23, 2022. After notifying the chairman, it was requested that this application not be reviewed at this meeting.

The board received a copy of the application and asked the Secretary to notify Mr. Stubley that this will be reviewed by the ZBA on December 14.

Applicant is requesting an area variance for Zoning Law Section 1720 C, Location: NYS Route 13; Tax Map # 236.007-2-1; Zone: WR. Proposes to move existing sign from adjoining property 236.007-2-3 to 236.007-2-1). Note: VAR2022-02 replaces the existing sign with a smaller sign to be owned by Victory Sign.

Other:

• Someone from the ZBA will try to attend a council meeting to check on the status of the ZBA vacancy and attend a Planning Board meeting to discuss sign law suggested changes. The ZBA will be added to the planning board agenda for December.

• The ZBA was reminded of the 2023 ZBA Organizational Meeting to be held on January 11, 2023 at 6:30 PM.

John Pavelock made a motion to adjourn, seconded by Josh O’Kay. All in favor. Motion Carried at 7:38 PM.

Minutes Prepared by: Kathy M. Pavelock /s/ ZBA Secretary