The large Taco Bell sign in Cobleskill remains in place, at least for now.
The village Zoning Board of Appeals tabled their decision on interpreting resident Nancy Van Deusen’s application that the sign is too big, has letters that are too large, and is too close to Main Street.
About 30 packed themselves into the village planning office for the ZBA hearing Thursday night, almost all of them agreeing with Ms. Van Deusen. (See related story in this week’s Times-Journal.)
However, Terresa Bakner, attorney for Taco Bell owner Hospitality Syracuse, refuted Ms. Van Deusen’s complaint point-by-point, concluding that the ZBA has no jurisdiction, and even if considering the application, “must reject it.”
After Ms. Bakner read her six-page, single-spaced statement, ZBA member Sandy Poole recommended the board table the issue to have village attorney Michelle Storm review it.
“We need to check with our attorney to see if what’s here is true,” Ms. Poole said of Ms. Bakner’s statement.
Other ZBA members agreed.
From Ms. Bakner’s statement:
•Citing village law, she said the ZBA can hear appeals only from “an administrative official charged with enforcement of this chapter or the Planning Board, and therefore, the ZBA has no jurisdiction.
•Ms. Van Deusen did not file her application within the required 60-day window after Codes Officer Mike Piccolo issued the sign permit.
•Again citing village law, Ms. Bakner said Ms. Van Deusen doesn’t suffer specific damage from the sign because she doesn’t own nearby property.
Ms. Bakner supported Mr. Piccolo’s decision to grant the permit because the Taco Bell sign is similar in size and letters to the previous Dairy Deli sign, which was non-conforming but pre-dated the sign law.
“The CEO correctly identified the location as an element of the pre-existing nonconforming sign that can continue indefinitely,” Ms. Bakner added.
Also supporting Mr. Piccolo, she said the “property remains a restaurant” and “the sign was reused, to be replaced, as the posts and frame remained in place.”
Mike McCracken of Hospitality Restaurant Group, agreed with Ms. Bakner that the sign is similar to the earlier one.
“We made a big decision and invested a lot of money,” he said. “The sign made a difference.
“It was a big leap of faith to put that in Cobleskill.”
Finally, Ms. Bakner’s statement carried a threat:
“. . .Any attempt by the Village to revoke the sign permit or prohibit its use deprives our client of its vested property rights and exposes the Village to liability for the damages associated therewith.”