Robert P. Thill
5329 Broadway St
Lancaster, NY 14086-2025
January 6, 2020
Kevin Loftus, Town Attorney
Town of Lancaster
21 Central Avenue
Lancaster, NY 14086
Re: Zoning Board of Appeals Hearing – January 9, 2020
Petition of Benderson Development Company, LLC
Dear Kevin:
The above referenced petition requests of the Zoning Board of Appeals three (3) area variances for the purpose of erecting a sign on premises owned by the applicant at 4733 William St., Variances A, B, and C in the legal notice.
I wish to call your attention to area variance request A: “A variance from the requirements of Chapter 50, Zoning, Section 30.D(1) of the Code of the Town of Lancaster to install a sign advertising Rachael's Mediterranean located at 4931 Transit Road on an existing pole sign at 4733 William St.”
The applicant's request for an area variance to erect a sign off-premises advertising Rachael's Mediterranean at 4733 William St. drastically changes the character of the proposed sign from an accessory use sign (50-19(2)(b)“signs as permitted or regulated by this ordinance” to a billboard. As defined in section 50-30 B. Definitions: SIGN, BILLBOARD,“Any sign that attracts attention to an object, product, service, place, activity, institution, organization or business not available or located on the lot where the sign is located.”
The relief sought by the petitioner for item “A” request is an “area variance.” As defined by state law, an “area variance” is “the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.” The relief sought by the petitioner in item “A” does not speak to any issue of dimensional or physical requirements. It speaks to the issue of land use.
In contrast to the area variance, the more elusive “use variance” is defined as “the authorization by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
Clearly the petitioner is requesting the use on land in the GB (General Business) District at 4733 William St for the erection a billboard as defined by section 50-30 B. Definitions: “SIGN, BILLBOARD.”
A billboard is not a permitted use in the GB (General Business) District. Billboards are specifically addressed in Sect (50-30 B.) Definitions: SIGN, BILLBOARD and more specifically addressed in section (50-30 D.(1) General regulations which speaks directly to this issue of land use. To whit: “No sign shall be used to attract attention to an object, product, place, activity, institution, organization, or business not available or located on the premises where the sign is located.”
Also, I call to your attention the following: the owner of the premises at 4733 William St, according to the Assessor's office, is SK Development of Western New York, LLC. Should not the zoning board members be appraised of just who is involved in this matter and what authority has been vested in Benderson Development Company, LLC to speak and negotiate on behalf of SK Development of Western New York, LLC, the property owner? Does Benderson Development Company, LLC have power of attorney to bind the property owner to any stipulations negotiated with the board? The board members should know with whom and what authority they are dealing.
Yours truly,
Robert P. Thill
cc: D Terranova clerk ZBA for ZBA members