BZA January 5, 2010 Panzica

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman, at 7:30 p.m. on January 5, 2010 with Board members, Mary Lee Brezina , Glen Quigley, Tezeon Wong and Ken Blair present.

 

All in attendance for this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in.

 

Ray Fidel read the applicants request:

 

Nacy Panzica, owner of Newbury Center Plaza, requests dual area variances for signage:  1) storefront signage of 26.45 sq.ft. with lettering 29-7/16 in. high for “SUBWAY” & all future tenants’ consistent signage in the shopping plaza (vs. Art. XII. Sec. 12.07A max. 25 sq.ft./ sign), and 2) two development nameplate signs larger than 25 sq. ft. to be located on the southwest end of the building (vs. Art. XII, Sec. 12,05A6 max. one 25 sq.ft. sign).

 

Charles Gates said he was representing Nacy Panzica as manager of Newbury Center Shopping Plaza.  Mr. Fidel asked him to state his case.  He asked the board to consider Var. #1 first.

 

Mr. Gates explained that this sign variance was necessary to accommodate “SUBWAY”, the first tenant of the Newbury Center Plaza in building #2, whose trademarked sign was larger than presently allowed by code.  He asked that this sign variance be applied as the standard for all future tenants in this building known as building #2.  Signs could then be controlled for size, fonts and possibly color to represent a uniform appearance for the store fronts.  Any future national tenants with other trademark requirements would return to the BZA for separate variances.

 

Mr. Quigley requested clarification that all signage in this building would be the same size, there would be no flashing lights, illumination would be plaza controlled and no light trespass for neighboring properties.  Mr. Gates agreed to these conditions.

 

Discussion continued regarding the SUBWAY sign with two foot high font and extra arrow ends.

 

 

 

Mr. Fidel identified that present code allows 33 sq.ft. of signage via the 1-1/2 sq.ft. area/lineal foot.  All agreed there was confusion regarding maximum sign sizing.

 

Mr. Fidel asked the board for additional comments or questions.  There being no more questions, Mr. Fidel called for a motion stating that a yes vote would grant the variance.

 

Glen Quigley moved to grant an area sign variance (that would apply to all storefronts in building #2) for a single line of text, not to exceed 2 ft. in height, with possible specialty design accents for a maximum of 30 in. total height; Tezeon Wong seconded the motion. 

 

Mr. Gates agreed to the revised variance wording.

 

Glen Quigley                 yes

Ken Blair                    yes

Mary Lee Brezina             yes

Tezeon Wong                  yes

     Ray Fidel                    yes

 

Mr. Fidel informed the applicant his variance request #1 was granted.

 

Mr. Fidel now asked the board to consider variance request #2 for the dual nameplate signs on the west and south faces of the corner cupola tower.  The board referred to the drawing dtd 12/11/09 showing the location of the dual line nameplate signs reading NEWBURY CENTER.

 

Mr. Gates pointed out the same 2 ft. high text, backlit, centered in the tower second floor level.

 

Glen Quigley moved to grant the dual backlit nameplate signs with two lines of 2 ft. high text located on the west and south faces of the cupola corner tower of building #2 to read NEWBURY CENTER;  Ken Blair seconded the motion.

 

Glen Quigley                 yes

Ken Blair                    yes

Mary Lee Brezina             yes

Tezeon Wong                  yes

     Ray Fidel                    yes

 

 

Mr. Fidel informed the applicant his variance request #2 was granted.

 

Mr. Fidel read to the Appellant and audience, “Within 30 days after service of the minutes granting your request, if someone wishes to challenge this decision through the court, he or she may. The required permit can be issued once all requirements regarding this application are satisfied, although if you plan construction it is recommended you wait the 30 days before proceeding.  The challenge could reverse or negate our decision.  At the time you receive your permit you must also comply with all other requirements of Newbury Township zoning”. 

 

Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellants’ signing receipt of the signed minutes.  They will be mailed registered return receipt to the Appellant.  All persons receiving notice of the hearing will receive copies of the minutes.

 

The board members wished the applicant good luck with his project.

 

Mr. Fidel adjourned the BZA hearing at 8:15 p.m.

 

Based on the following FINDING OF FACTS, the Board has voted to grant the sign variance #1 :

 for a single line of text, not to exceed 2 ft. in height, with possible specialty design accents for a maximum of 30 in. total height that would apply to all storefronts in building #2;

and variance #2 for dual backlit nameplate signs with two lines of 2 ft. high text located on the west and south faces of the cupola corner tower of building #2 to read NEWBURY CENTER; 

 

1)       The parcel could yield a reasonable return but the larger uniform signs are appropriate and would improve the commercial visibility on this busy corner.

 

2)   The variance is substantial but the size is reasonable for this commercial location.

 

3)   The essential character of the commercial corner would be enhanced, and the adjoining property owners would suffer no detriment as a result of this variance.

 

4)      The variance has no effect on delivery of governmental services.

 

5)      The owner purchased the property without specific knowledge of these zoning restrictions governing signs.

 

6) The property owner’s predicament could not be obviated through some method other than a variance; given the size and height of the shopping plaza and lot size.

 

7)      The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.  Such other criteria, which the Board believes relates to determining whether the zoning regulation is equitable; the signs improve visability on this commercial intersection. There were no adjacent property owners in attendance to object.

 

Mr. Fidel adjourned the BZA meeting at 8:30 p.m.

 

 

Marge Hrabak

Secretary