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Home » News » Victor ZBA tables sign lighting variance request for Fairways development

Victor ZBA tables sign lighting variance request for Fairways development

The Town of Victor Zoning Board of Appeals tabled a variance request related to sign lighting at the Fairways development Monday after the applicant said the issue could likely be resolved by installing code-compliant fixtures.

During the March 2 meeting, the board reviewed a request concerning two entry sign lights at 530 and 531 Championship Drive. After discussion with the town’s code enforcement office, the applicant indicated plans to replace the existing lighting with fixtures designed to comply with town regulations, which would eliminate the need for a variance.

Sign lighting variance request discussed

The board held a public hearing on the application associated with the Fairways development at the intersection of Championship Drive and Gillis Road. The request sought approval to retain two existing project entry sign lights that do not meet several provisions of the town’s lighting code.

Town code requires illuminated signs to reflect light and glare away from surrounding properties and public rights-of-way and limits lighting intensity to what is necessary to make signs legible at night. Additional provisions regulate light trespass and the angle and direction of lighting fixtures such as floodlights and spotlights.

Chris Nadler, general counsel for Mark IV Enterprises, presented the application and provided photographs of the lighting at the site. Nadler said he measured the distance between one of the lights and the curb at approximately 21 feet.

“As you can see, there isn’t light spillage to the point of the curb line on either side,” Nadler said while describing the photographs.


Nadler said he recently received a notice of violation from the town and spoke earlier in the day with Code Enforcement Officer Adam about possible solutions.

“I think we can solve this problem, and I can bring my site into compliance by replacing the lighting with goosenecks,” Nadler told the board.

Adam said that if the lighting were replaced with fixtures that meet the town’s code requirements, the variance request would no longer be necessary.

“If you’re going to change the lighting to code compliant lighting, then the need for a variance would go away,” Adam said.

Nadler requested the board table the application while he works with the town to submit a revised permit application and compliant lighting design. The board agreed to table the matter.


Baker Road application remains tabled

The meeting agenda also included an area variance request for property at 0 Baker Road related to construction within 100 feet of a wetland. That item remained tabled pending a determination from the New York State Department of Environmental Conservation.

Additional board discussion

Before concluding the meeting, the chair said he would be absent from the next meeting and noted that board members and staff would coordinate regarding upcoming applications and deadlines.

The chair also said he would distribute an article to board members that serves as a “primer on area variances,” including examples and case law related to the standard used in evaluating those requests.