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MINUTES OF ZONING BOARD OF APPEALS MEETING HELD OCTOBER 7, 2014 Present: Allen Firstenberg, Chairman, Bridget Gannon, Vice Chair, Heidi Murphy, Rachel DiGrazia, Hilda Duque, Lou Viglotti, Attorney and Mary Ann Loncto, Secretary Absent: Frank Barresi Others Present: Lou Gallo Mark Zysk Trustee Huber DAIRY QUEEN, 1585 ROUTE 9 First on the agenda was the closed public hearing on the request of Dairy Queen, 1585 Route 9 seeking an area variance from Section 151-12(I)(3)(d) of the Zoning Ordinance to be able to have a changeable-copy sign that does not exceed 25% of the allowable sign area or 12 sq. feet whichever is less – your sign is 21.08 sq. ft. per side for a total of 42.16 sq. ft. – therefore a variance of 30.16 sq. ft. is needed. The applicant is also seeking a use variance from Section 151-12(E)(7) which states signs with flashing, blinking, intermittent, or moving lights, or any artificial light which is not maintained stationary and constant in intensity and color at all times when in use, except signs displaying time and/or temperature are prohibited. The proposed sign does not conform to the standards of this section – therefore a use variance is needed. Mr. Firstenberg stated although the Village has passed a new zoning code – the ZBA is not currently following it. This hearing was opened up under the previous code and all decisions will be considered under the previous code. Mr. Lou Gallo and Mr. Mark Zysk were present. Mr. Gallo stated that instead of changing the sign every 30 seconds he is proposing to change it 4 to 8 times a day. Ms. Gannon made a motion to grant approval for the subject sign contingent upon: (1) the sign does not change more than 4 times in a 24 hour period and (2) there is a minimum hold time for the changes of 2 hours. Motion was seconded by Mr. Firstenberg. Mrs. Murphy asked about the recommendation from the Dutchess County Department of Planning and Mr. Firstenberg read their recommendation in part which states, “For the reasons stated above, our Department recommends that the Board not grant the requested use variance for the digital readerboard/video sign…” Ms. Gannon stated she feels the sign should be granted – Mr. Gallo employs children from the Village at his store, he has been in business for 40 years, he pays taxes to the Village, he is on the Route 9 corridor and she does not feel like it is a traffic problem. Mr. Firstenberg asked the Board if not having the sign is hindering a reasonable return through competent financial evidence. Ms. Gannon stated that earlier on in the discussions the franchise wanted Mr. Gallo to change his sign. Mrs. Murphy stated Dairy Queen has been in business her entire life but the Village has sign rules and regulations for a reason and the County has also done a study and denied it. She also feels that denying the sign will not hurt his business. There are lines at Dairy Queen all the time from Spring to Fall. Mrs. DiGrazia agreed with Mrs. Murphy. The uniqueness was then discussed. Mr. Firstenberg said that the sign can be considered unique because there are no other ones like it. Will the sign alter the character of the neighborhood – both Ms. Duque and Mrs. Murphy stated that the sign is not the look that the Village is going for – there are 5 very specific descriptors in our code stating just what our citizens are looking for and this does not meet the code. The fact that the sign does not change manually and the change