They said they did not get a notice, so they were not at the meeting to ask more questions,
to get more information about it.
So overall, RCO is asking that there be a resumption hearing.
we basically need better information about the illumination of the lighted sign and also the
placement how high up is it and sort of a simulation of how that's going to look going into
into excuse me into the houses across the street the pictures in mrs sclaro's presentation
only show one house they do not show that there's five houses that would experience light spill
um light brightness and radiation including flashing because these lights flash when we
photograph the lights at nighttime at Dobbins high school the lights are so bright that when
you photograph it you cannot read the words you just get a wall of
you cannot read the words you just get a wall of light um this was photographed by a few of our
members on different nights but some nights are clear some are not and we got the same result
we cannot photograph those letters you just get a wall of light that means there's more light
than it appears from just the um letters that may say have a good summer or something like that
But the light at Dobbins should be turned off because it's just wasting energy.
We have other concerns that were not looked at, like the environmental effect, the additional environmental effect on birds.
We are in a bird migration path and also insects because we do have a lot of people around here who plant to bring back butterflies, bees, praying mantises, lightning bugs.
We plant to bring them back and it works. So if we have excessive LED light at nighttime, so close to our homes, it's going to push our insect population away and push away our bird population. So we would like the Audubon and also the Insectarium to be at meetings, additional meetings before a vote so we could find out, get more information about that.
At the public meeting, Mr. Sklaroff misstated to the participants that the Art Commission
had approved the sign.
The Art Commission sent a recording of the sign, several of us listened to it, and we
heard the Art Commission say in the beginning that they were not going to vote on these
signs.
They also had a lot of questions about why the sign was so large.
so that was a problem for us because that confused especially the um the affected addresses
they thought that the approval was finished they didn't understand that the art commission said
he did not want to vote on it until um zba made a decision i also didn't understand that
because the recording came a day later the um project information form that's in the package
turning to ZBA. It has about at least four questions that are not answered truthfully.
Quickly, one is, is your zoning application exclusively for signage? It says not apply.
As far as you can see, this is a exclusive zoning application for signage. Next question,
it says not apply. Provide a brief summary of your proposal project. It doesn't provide
anything it says not apply um it says describe any anticipated impact on the transportation
excuse me
your phone excuse me no that was your phone i believe oh i'm sorry some noise came through
i'm sorry um okay the third question on the pif that was not answered um factually the answer
again was not applied it says describe any anticipated impacts on the transportation
network being sidewalk or traffic um that street is a westbound single lane uh street we have cars
and now we have a lot of recreational vehicles as they have all over the city um you know
the also to stand up vehicles where they ride on the pavement and we do not believe that
to inform the community about occasional meetings for the community because that is a school
and most people that come in there have to be um security checks for uh sexual offenses and
other things so it's not like the community is going to be in that school a lot for and
at a significant amount more than those children and parents um so in other words it's not going
to be used that much. It's used for voting. I'm sure it'll go back to being used for voting,
and we want that because people like to be close by to vote. And then they may have some
programming sometimes. I don't anticipate the school being used more than Dobbins,
probably at a high number, maybe twice a month. I'm not sure of the use of the building,
what it has to do with the signs. You're starting to lose me.
We were told, I understand. We were told that the signage was there to inform the community about events at the school. We don't have any sports in there. There's no field. So the events will have to be occasional meetings inside.
And of course,
So that was that one sign on the side with the video, right? Am I correct?
Exactly.
Right. Okay.
signs the two signs are fine and um that's good that you know they have the orange panel it's
going to name the school and have a you know a reasonable down light those signs are fine
those signs are fine so um we didn't understand either but we were told that this sign is to inform
So we didn't understand either, but we were told that this sign is to inform the community about events.
If I'm driving down the street in any type of vehicle, it's not safe to be looking over at this huge sign, not to mention the light spill is going to be coming in front of my car anyway.
So in terms of traffic disturbance, this question is not answered truthfully.
there will be disturbance anticipated impacts that are negative on the sidewalk and to traffic
going westbound on west cambria street and then the last question on the pif that wasn't answered
factually and it was answered with not apply again is of any other anticipated community impact
positive or negative associated with this project yes there are i named to the homes across the
street to their peace and enjoyment of their home especially on the second story where the light
will be coming in we don't know exactly what that height is um i could the drawings were very hard
to read we had no handouts at the public meeting so i don't know if it's 10 feet high uh one story
i'm not sure the exact height i could get a magnifying glass and stare at the drawings but
i'm not exactly sure however um that question is not answered truthfully um on the um appeal
application, there was also two areas that were similarly not answered truthfully. One is the
placement of the proposed sign would create no environmental damage. That's not true. Birds,
insects, and peace and enjoyment of people's homes, and just damage from hard LED lights.
Yeah, but I'm saying I'm talking about the appeal application where this appears again,
because these things are repeatedly misstated okay also again um repeated is that um there's
no traffic impact and it would be traffic distractions from the bright light the light
throw and um possibly light radiation and other um parts of it it's just that this this five by
eight illuminated sign to tell me and neighbors and i am an affected neighbor also um but only
voted once, tried to vote once, but just to tell us, okay, there's a meeting on this date and that
date in the month of August 2023. The negative impacts outweigh the benefits. There's other ways
we can get that information. I don't know if the school has Facebook or something similar,
but most of the elders, they're not out at night anyway. So it'll be mostly middle-aged and younger
people that would be looking for that information um there's no photos of the light at night
there's no photos of the nearby residences will spill into their homes none at all we took some
but there's none in the package so we're asking that um we can work with the art commission because
their information has helped us a lot so far and also with um discovery um the uh the bird center
nearby, and the insectarium, and hopefully the sign company, and if we can just get more
information so we can figure out another way to do this sign, another way to right-size
this sign, it is too large, and we're asking the ZBA to please let us have a resumption
hearing, and also there were a number of neighbors who live right across the street who never
received a notice and they probably would want to comment because they're actually in those
properties looking out the window and have no idea that there's a proposal for a five by eight
sign because they did not receive a notice and I think that's the majority of what we need to
explain yeah we could provide the pictures of the Dobbins sign or short videos of it if
the ZBA wanted to see that. We just ask that the ZBA give us proper consideration because we live
here and it's not fair to impact our environment like that for no reason at all. The school
district, that school never had a library inside and that money could be used for something else
that the children need, especially when the state testing results of the students in that school
are so poor. That money should not be being used for a five-by-eight sign.
Adrian, I think you've made your point. I really do.
Okay. Thank you. Thank you for taking the time for
calling in. We appreciate it. Is there anyone else in the virtual audience?
I see no handshare. As you might expect, Mr.
Chair, I would refute and disagree
with Mr. Fernandez on almost everything that was said.
All right. But just to let you know, 226 letters were sent out using the list that ZBA and the city post on the website.
I personally sent to Ms. Fernandez and every RCO materials in advance of the RCO meeting, which I didn't have to do.
in advance of the RCO meeting, which I didn't have to do, and we also sent a complete list
of the exhibits used today to the RCOs in advance of today's hearing. Another thing we didn't have
to do. We have reached out this school. Most of what is being objected to is the school itself
and how the school operates. It has nothing to do with the signs. I will let it go with that.
All right. Thank you. Thank you. All right. Planning Commission.
Thank you, Chair Bergman, and good afternoon. David Fecto with the City Planning Commission.
The comprehensive plan recommends no change to the residential single-family zoning at this location.
While the City Planning Commission understands the need for building identification signs,
we do not believe that the appellant has shown that a detrimental impact will accrue to the property
in the absence of illumination or animation of those signs.
The City Planning Commission recommends the board grant the dimensional variances for the wall signs and freestanding signs, but deny the variances for illumination and animation.
Thank you.
Look, we've had a lot of testimony.
Mr. Sklaroff, Adrian, I really want to sit and talk to the executive committee next week about where we stand with this.
the case
all the information is closed at this point
and we will vote on this next week
at 2pm
may I just have one
one comment Mr. Chair
and the only
comment is that this kind of
digital sign
completes our agreement
with the community to be able
to inform the community
thank you
thank you very much
thank you
So let's go back to Mr. Chair, if we could jump, I believe we have two more cases. If we could, we jump to 13, and then we'll go back to Mr. Shermer.
I-2023-001-025-4751 Fowler Street.
Al Nockermson is the attorney.
There's a letter of opposition from the Ridge Park Civic Association.
The applicant has submitted approximately 27 neighbors along with three form letters.
and one of the neighbors lives next door at 47, 49.
Good afternoon.
Mr. Nachamson, could you identify your client and their relationship to the property?
Yeah, my clients are Brian and Caitlin Thomas, the owners of the property who live there.
Right.
Our vice chair has just a few questions.
Good afternoon, counsel.
So do you agree to weigh the reading of the refusal or stipulating towards accuracy?
Have you emailed them all the required documents and exhibits that are needed to proceed with this case?
Bobby is in advance of the hearing?
Yes, we have.
Thank you.
Case proceeded.
Thank you very much.
This is actually a really straightforward matter at 47, 51 Fowler Street.
We'll review the notice of refusal.
So all we're trying to do is subdivide a lot that goes street to street from Fowler to Sheldon.
Every other property on this block does that.
So what we're asking for is not out of character.
It doesn't stick out like a sore thumb.
This is a perfect example of who shows up to a community meeting.
Our office did not handle the underlying community meeting.
We only were asked to handle this after there was an opposition.
My clients actually were shocked.
So that's when they decided to get professional advice.
but it wasn't a well-attended meeting none of the people who attended the meeting my understanding
aren't nearby neighbors so after and they have my clients had overwhelming support they lived in
this community for since 2017 they didn't think this was an issue none of their neighbors showed
up but because of the vote that was taken you know they had to hire professional counsel so
So we had them distribute a petition after the meeting to the people who are most directly impacted.
And you'll see through that petition and the map that we created showing where these signatures were accumulated.
There is overwhelming support and by the people most directly impacted.
And it's not uncommon to have subdivisions on this block.
We gave a breakdown of three situations most recently where the properties have been subdivided from Fowler to Sheldon, exactly how we're seeking.
than exactly how we're seeking. Two to three variances, so they got the relief that we're
Two to three variances, so they got the relief there.
seeking. One of them was by right. The issue we have here is that the lot where we're seeking
the non-conforming size of less than 1,440 square feet, the width of the lot is also non-conforming,
which makes it slightly less than the 1,440 square feet, and I'll show you why.
Then maps of the area, which will show that every other property on this block,
Other than ours, it's divided in half from Sheldon to Fowler.
Aerial view as well, which we'll show that as well.
Photographs of the property and the surrounding area.
Our plans and drawings is just our survey.
That's all we're looking to do is to subdivide this lot and have one lot a little above 1,440
and one lot a little less than 1,440 square feet, like we're 50 square feet shot.
Our RCO meeting notice, again, it wasn't very well attended.
or application for appeal or deed to the property,
showing that my clients who have owned this property
for some time and live on the Fowler Street side
or own it, Brian and Caitlin,
and then their certificate of tax claimants.
And then at the conclusion of my presentation,
I believe only Brian's in the virtual audience.
I'll ask Brian to virtually raise his hand,
be sworn in, and then I'll ask him the questions
so he can adopt my testimony as his own.
So our notice of refusal, again, we're not looking to take an RSA 5 property and make it multifamily in nature.