City Council

Town/Village of Lowville Zoning Board of Appeals Regular Meeting AGENDA Wednesday, January 23, 2019 ~ 6:30 p.m. 1. Roll call attendance – Board members present and absent When opening the meeting, please state the time the meeting opened for the record. Alternates should be included in the roll call but will not vote unless a regular member is absent. Others present – Please be sure they sign in. 2. Reading and Approval of Minutes December 27, 2017 – As if there are questions, additions and/or deletions. Request a motion with second. 3. Communications and reports: Per the e-mail provided to you and January 8, 2019, you were requested to review the Town Lowville Policy Against Discrimination and Harassment. Enclosed please find the acknowledgement. Please complete and bring it with you to the meeting. If you have any questions, you may contact Randy Schell, Town Supervisor. 4. Unfinished business: None 5. New Business: a. Application ZINT2019-1, submitted by McDonald’s Corporation, requesting an interpretation to install signage on the structure which is not clarified in Village of Lowville Zoning Law §201, Articles II and VII, 201-230 and 201-735. The property is owned by Mascoutah McDonald’s LFY, Inc., located at 7397 Utica Boulevard, Village of Lowville, New York and is tax parcel number 212.16-03-03.200. Determine if the application is complete. Do you have enough information to make an educated decision? Complete form to deem the application complete and set the public hearing for February 27, 2019. 6. Adjournment – Motion, second, vote. When adjourning the meeting, please state the time for the record. Next Scheduled Meeting – February 27, 2019 ~ 6:30 p.m. 1 Appeals for Interpretations All zoning laws are complex enough that, from time to time, there will be trouble interpreting them. The ZBA may interpret the zoning law for an applicant only where there is an appeal from a decision of the ZEO, as in the case of variances. If a ZEO denies a permit on the basis of his interpretation of the zoning law, and the applicant disagrees, the applicant may appeal to the ZBA for a “second opinion,” or interpretation, of a particular section of the law. Likewise, a neighbor who disagrees with the issuance of a permit may appeal for an interpretation of the law. The ZBA must determine the facts of the case. The board may use the opinions of town officials such as the town attorney and planning board, and the context provided by the comprehensive plan to help them determine the intent of the law. The interpretation must be consistent with precedents. The ZBA’s decision is final. 2