MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

November 14, 2022

Call to order: 2022 Chairman John Pavelock called the meeting to order at 6:39 pm and led 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, Liaison Gail Whitham, and Applicant Tony DePerno.

Zoning/Codes Officer Reay Walker was unable to attend.

Minutes Approval:

Josh O’Kay made a motion to approve the minutes for the October 12, 2022, ZBA Special Meeting. Seconded by John Pavelock. 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 last ZBA meeting in October including coordination for this meeting.

Public Hearings: None Unfinished Business: None New 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: Water Resources (WR). Mr. DePerno provided an overview and history of his desire to replace an existing billboard. There has been a sign on this property since the 1950s. Mr. DePerno has owned the property for about 5 years. The current billboard is not owned by his company, Victory Sign. The proposed sign is smaller than the current sign and he plans on moving the sign to increase the side boundary.

The ZBA asked some questions including inquiring if Zoning/Codes Officer Reay Walker had provided any specific information on this proposal. Secretary Kathy Pavelock stated that Reay’s comments are included with the variance application and on the building permit (which was denied). The proposed sign is less nonconforming. The ZBA also asked Mr. DePerno about using one of Victory Sign’s smaller standard billboard (8x12). Mr. DePerno explained that based on experience, the 8’x24’ sign is more effective in this location. He also explained that if the variance is bot approved, then he would reconsider his proposal to replace the sign including keeping the current sign.

The ZBA explained the appeal process to Mr. DePerno. The ZBA will hold a public hearing at the next scheduled meeting. Following the public hearing and within 62 days, the ZBA will render a decision. Mr. DePerno was advised to attend the next meeting.

Other:

• The ZBA discussed possible dates for the next meeting. December 5, 2022 at 6:30 PM was discussed. Josh and John are available. Amanda will check her calendar and get back to Kathy. Kathy will contact Randy.

• The ZBA discussed the lack of consideration for billboards in the current zoning laws. Chairman Pavelock will send a letter and attend a future planning board meeting to discuss this oversight. Secretary Pavelock will contact Reay Walker to see what other towns have for billboards.

• The ZBA discussed possible dates for the 2023 ZBA Organizational Meeting. This is held after the January Town Council meeting. January 11, 2023 at 6:30 PM was discussed. Josh and John are available. Amanda will check her calendar and get back to Kathy. Kathy will contact Randy.

Amanda Hewitt made a motion to adjourn, seconded by Josh O’Kay. All in favor. Motion Carried at 7:25 PM.

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