ZBA says No advertising signs allowed for Guilderland business
ZBA says
No advertising signs allowed for Guilderland business
GUILDERLAND The zoning board said no to advertising signs in town during last Wednesdays meeting. The board unanimously denied Nick St. Louiss application for a changeable sign at his Nextel store on the corner of Route 155 and Western Avenue.
Zoning Board Chairman Peter Barber cited the "Free Camera Phone" logo on St. Louis’s proposed new sign as the reason for the denial, saying it constituted advertising.
"Are you saying I can’t have a changeable sign"" St. Louis asked the board.
"I believe our codes say"changeable signs are prohibited," Barber responded.
According to Barber, the board only allows signs that display business names. It does not allow signs promoting products which the company may sell or endorse.
"If it is commercial advertising it is prohibited," said Barber.
The town’s zoning code states, "No billboard or commercial advertising sign shall be permitted."
The town’s sign regulations have recently come under attack from some small-business owners in town who have formed an organization called the Coalition for Guilderland Small Businesses. The group, founded by Techniconsult President James B. Ryer, meets monthly to discuss, among other things, what members call "anti-business" sign regulations.
Supervisor Kenneth Runion told The Enterprise this week that the Coalition for Guilderland Small Businesses has never been in contact with him to voice concerns.
During last Wednesdays meeting, Barber said the zoning boards purpose is not to enforce or amend town codes and regulations.
"You’re already saying that I can’t have it"" St. Louis asked the board.
Barber told St. Louis that, if he disagreed with town-sign codes, he should petition the town board to change the law.
"To get something amended would be pretty tough to do in the town of Guilderland," St. Louis said.
"This is not an issue the town board would look upon favorably," Runion told The Enterprise yesterday.
Runion said that businesses frequently complain about the towns sign regulation, but that they are in place for a reason.
"People look to use their signs as advertising spaces," said Runion. "If everyone used their signs this way, it would become clutter." Runion added, "People seem to think that their signs should be billboards."
St. Louis pointed out that fire departments are allowed to have changeable signs, and asked Barber why businesses could not do the same.
Barber explained that under New York State Town Law, fire departments, schools, and churches are exempt from regulation by zoning boards in such matters. Also, he said, if zoning regulations are enacted after an existing business is already established, then the business is protected under "grandfather clauses." However, if a business were to put up new signs or dramatically alter its structure, then it would have to come before the zoning board.
Barber told St. Louis that, if he allowed him a changeable sign, then "everybody would want a changeable sign."
"Everyone already does," St. Louis responded.
Explaining to St. Louis that existing signs are an enforcement issue, not a zoning board issue, Barber said there are constant enforcement issues throughout Guilderland. He concluded, "We allow business signs"not advertising."
"I already had the sign made"There’s nothing I can do about it" Thanks," said St. Louis before walking out of the board meeting.
Just after St. Louis left, the board, with little discussion, unanimously denied a sign application for FiFis Frocks & Frills at 2460 Western Ave., Altamont, because the sign constituted commercial advertising.
Other business
In other business, the zoning board unanimously:
Approved a variance for James and Penny Jackson’s canopy-covered carport at their 3649 East Lydius St., home. When asked by the board if any neighbors objected to the canopy structure, Mr. Jackson said, "The neighbor on the one side said it looked very nice"If someone was going to complain, he would be the one. He’s very meticulous."
Board member Charles Klaer said he was "reluctantly in favor" of the variance. "I’m a little concerned the car was purchased knowing it was too large for the garage," Klaer said, and he called the neighborhood "a variance haven for vehicles and vehicle storage;" and
approved an area variance for James and Ellen Box for a single-story addition, which will expand their living room and create a two-car garage, at their 2 Victor Dr. home. The towns planning board had no objections to the proposed addition and two neighbors spoke at the public hearing in support for the Boxes addition.
