VILLAGE OF RED HOOK
PLANNING BOARD MEETING
December 10, 2020
REMOTE MEETING VIA RINGCENTRAL
Present Via RingCentral: Chair Beth Pagano, Co-Chair David Pearson and Member Don Hanson
Absent: Member Steve Zacharzuk and Member Jim Rogers
Mayor Blundell assisted as Host to open the Planning Board Meeting and handed over Secretary Hart to record meeting.
(Note: All Members were visible, with exception of Member Hanson who was audio only)
Chair Pagano opened the December 10, 2020 Planning Board Meeting at 7:09pm.
Chair Pagano wish all a Happy Hanukkah.
Chair Pagano advised meeting is being held in accordance with NYS Executive order 202.1 which Governs the Open Meetings Law and that tonight’s meeting is being held remotely via RingCentral and is being recorded and a transcript will be provided at a later date.
Chair Pagano advised of Board Members in attendance this evening:
Chair Elizabeth Pagano
Member David Pearson
Member Don Hanson
There is a quorum for the December 10, 2020 Planning Board meeting.
Chair Pagano asked Board members if any comment regarding November 12, 2020 Planning Board Minutes. No comments.
Chair Pagano made a motion to accept and approve the Planning Board minutes dated November 12, 2020.
Motion seconded by Member Pearson. All in favor.
Item #1
TRUSTCO BANK – 4 Morgan’s Way – Signage Application
Tax Parcel ID #6272-10-312583
Chad Bolotin, Project Manager, present.
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Chair Pagano referenced Village Zoning Code Section 200-38 – (specifically Section 200-38-A—(b)
“No freestanding sign larger than 8 square feet shall have less than three feet of open space at the bottom, extending its entire length.
At this time Mr. Bolotin advised the Board that they are present to change the background color and lettering to a previously approved sign from December 21, 2011. Mr. Bolotin advised that he had a letter from Sam Harkins stating that he had reviewed the sign and it was in accordance with the Code and setback requirements. Mr. Bolotin stated he emailed a copy of this letter to Secretary Hart.
Chair Pagano stated that unfortunately this is not the Code for the Village of Red Hook and that this discussion was had with other applicants, i.e. New CVS location and old CVS location, wherein both freestanding signs were approved but needed to have air space at least 3 feet off the ground.
Mr. Bolotin asked if a previous Board and Zoning officer has approved an application and permit how does that change.
Chair Pagano advised that because of the prior approval they have not been issued a violation however applicant is now asking for approval of a new sign and when there is a new application whether it be site plan or new sign approval this Board has the opportunity and obligation to bring the condition into compliance with Zoning Laws.
Mr. Bolotin asked if it was fair to say that they can leave the structure “as is” and regularly maintain it in good condition with working lighting and not changing the actual structure of the signage.
Chair Pagano said if they want to make any changes to the sign then it needs to be brought in compliance with current Zoning rules, and since they have approached this Board with this proposal it is up to the Village Code Enforcement Officer whether to issue a Violation or not. Mr. Bolotin said they do not understand how they could issue a violation for something that was previously approved and understands they cannot change the structure now, but asked what if they don’t change the structure and just maintain it, can it
remain as it is.
Mr. Bolotin asked if he can go back to his client, Trustco Bank, and advise that this Board is denying the application to change but can leave as is and maintain as is. Mr. Bolotin said in maintaining it would include to replace a letter should it fall out they can replace or if lighting went out they can service lighting. Chair Pagano stated she does not have an answer and counsel was not present and that under these circumstances and what was discussed tonight that it would be as if they have never approached us with a request to change the sign but wants to make aware that even if Trustco comes back for any kind of site plan approval this issue would arise again. Mr. Bolotin said this was not the fault of Trustco that the Village over looked the Law of the Zoning Code and that it is not cost effective to go back and re-do the structure so he advised they will look at their lease term and see what lease they have and what other lease potential they can do that may benefit them better in signage. Member Pearson felt if no change was made at all nothing can be done right now. Member Pearson asked if the Bank would leave the site. Mr. Bolotin said he is not saying that but that the Bank will look at lease agreements and cost effectiveness. Chair Pagano said that is within their right.
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Chair Pagano felt at this point the Board does need to put on record that the existing sign is in Violation of the Village’s Zoning Code.
Member Pearson asked about 3 foot language and when it was added to Zoning. Chair Pagano did not know. Secretary Hart said it was not added since 2011. Member Pearson asked if this was a mistake. Secretary Hart said correct. Mr. Bolotin said it was not a mistake on the Bank’s part because it was shown the renderings and
drawings. Chair Pagano said correct and that it was incorrectly approved.
Chair Pagano advised that Secretary Hart will need to discuss with Zoning Enforcement Officer and Village Attorney. Secretary Hart advised she did speak with Village Attorney who advised that the Village has the right to correct a mistake. Chair Pagano felt this Board should deny the application. Member Pearson asked if they could retract their application. Mr. Bolotin said if they withdraw their application they will want an understanding of regular maintenance and allowing them to maintain the sign as the current existing structure that it is. Chair Pagano feels that given that the applicant was put on notice that they are in violation that
procedurally this Board should deny the signage application and that per Village Attorney, who advised that the Village is able to correct and issue a violation if it brought to their attention in the future. Mr. Bolotin asked how they could issue a violation when the mistake is on the Village’s behalf. Mr. Bolotin said Trustco or Graphic Impact Signs was never in violation or did something against Village Code and the Village ZEO over-looked the bi-laws and issued the Permit to allow the sign structure to be what it is so therefore a violation should not be issued to Trustco or Graphic but issued to the Village.
Chair Pagano said we are on the record now. Mr. Bolotin said as well as back in 2011. Chair Pagano said the violation is on record now and the comments from the Village Attorney are on record, so this Board is indifferent whether the applicant withdraws or denies. Member Pearson said they should deny and give to ZEO to deal with. Mr. Bolotin asked for a formal denial in writing and that he has been in contact with Trustco’s legal counsel who has advised they will be in contact with them to discuss this matter further. Mr. Bolotin felt there was a professional disagreement here and discussion would be to decide where the problem/mishap has occurred and feels it should not be on Trustco or themselves as this Board feels it is in violation and the concern is how this is to be addressed and how to move amicably through this to make sure that they both end up with a appeasing look for the Village.
Chair Pagano advised that this Board will take a vote and issue a denial and applicant can call Lara Hart in the Building Department. Member Pearson said he felt this was not an aesthetic issue but a safety issue with being able to see underneath the sign.
Chair Pagano made a motion to deny the signage application of Trustco Bank with property located at 4 Morgan’s Way listed under Tax Parcel ID #6272-10-312583 based on the discussions held above. Motion seconded by member Pearson. All in favor.
Item #2
ANDREW AND RENNE ALBRECHT – 7405 South Broadway - Signage Application
Tax Parcel ID #6272-10-328593
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Applicants Andrew & Renee Albrecht present.
Chair Pagano referenced Village Zoning Code Section 200-38 – (specifically Section 200-38-A—(b)
“No freestanding sign larger than 8 square feet shall have less than three feet of open space at the bottom, extending its entire length.
Chair Pagano advised that given the prior discussion just had, the Board asked applicants if they would like to table their application until the January meeting in order to submit a new proposal. (Note: Applicant’s proposal was for a similar design of a freestanding sign without the required 3 feet of open space at the bottom)
Mr. Albrecht asked the Board about visibility under the sign and asked if it was 3 feet or 3 square feet of space under the sign. Chair Pagano said 3 feet of open space at the bottom. Chair Pagano referenced the new and old CVS location signage. Mr. Albrecht asked regarding visibility would there be any consideration for a variance due to location because he said his sign has no issue with visibility. Chair Pagano said this Board does not handle variances and that would be the ZBA.
Chair Pagano said if they table their application they are automatically put on the Agenda.
Mr. Albrecht said he will redraw and submit new proposal to the Board but does not like how it will look. Mr. Albrecht said it is in the planting bed. Chair Pagano said the old CVS has a similar design over a raised bed and Chair Pagano advised that according to their dimensions they are over the allowable 15 square feet. Mr. Albrecht said it was 4 ½ by 3 ½ and felt it was under 15 square feet. The Board advised to make sure with new proposal sign is within the allowable square footage.
Chair Pagano made a motion to tabling Agenda Item #2, Signage Application, for 7405 South Broadway, listed under Tax Parcel ID #6272-10-328593 to the January 14, 2021 Planning Board Meeting. Motion seconded by Member Hanson. All in favor.
Chair Pagano announced that the next Planning Board meeting will be held on January 14, 2020 at 7:00pm.
Chair Pagano made a motion to adjourn the December 10, 2020 Planning Board meeting at 7:35pm. Motion seconded by Member Pearson. All in favor. Meeting Adjourned.
LARA HART, Secretary
Village of Red Hook Planning Board