The Walworth Planning Board approved two residential subdivision proposals Monday but postponed action on a sign application at Calder Homes Remodeling after residents raised questions about permits, lighting and whether the replacement sign complies with town code.
The board unanimously approved plans from Double R Custom Homes for a vacant parcel on Mildahn Road and a separate proposal to divide about 2.4 acres from a large property on Lewis Road. The meeting’s longest discussion centered on a sign that had already been installed at 1 Country Club Road before the Planning Board completed its review.
Mildahn Road subdivision moves forward
Double R Custom Homes received subdivision and site plan approval for a vacant lot on Mildahn Road. The property is zoned residential.
A representative for the applicant said county review had been completed and outstanding engineering comments had been addressed. The developer has also been working with the Wayne County Water and Sewer Authority and the county Health Department on utility connections.
The neighboring day care has experienced septic problems and may seek an easement across the project site for a future sewer connection, according to the discussion. The arrangement could substantially shorten the distance the day care would need to extend its connection and reduce its cost.
The applicant said the two property owners were still discussing the easement and how they would divide connection expenses. Board members were also told that legal descriptions were being prepared and remaining stormwater paperwork would be submitted.
No members of the public spoke during the hearing. The board then approved the subdivision and site plan by unanimous vote.
Lewis Road lot approved for future home
The board also approved Kevin Frederes’ request to subdivide 2.439 acres from an approximately 92.65-acre parcel at 4667 Lewis Road.
Frederes told the board that the property has been in the family for more than 70 years and does not currently contain any structures. The smaller parcel is expected to become the site of one single-family home at some point in the future.
Board members described the request as straightforward and raised no significant concerns. No one spoke during the public hearing.
The board approved the subdivision and its environmental review without opposition.
Sign application draws procedural questions
The board did not act on Calder Homes Remodeling’s request involving a sign at 1 Country Club Road, where the company sought approval for a backlit replacement sign.
The applicant said the new sign would use the same stone pillars, exterior lighting and surrounding landscaping as the previous sign. It was described as being the same general size and located in the same place.
The discussion shifted after a resident told the board that the replacement sign had already been installed even though the application was still pending.
A representative for Calder Homes said the sign company installed it without authorization and described the action as a mistake. The representative said the sign was not yet internally illuminated.
Planning Board members questioned whether any permit had been issued before installation. The applicant’s representative could not confirm the permit status and said the town building inspector, who was not at the meeting, had referred the application to the Planning Board.
Residents argued that installing the sign before approval reversed the normal process and could place the property in violation of town code.
One speaker also questioned whether the sign contained more typefaces than town regulations allow. He said the new sign differed from the former sign in shape, thickness, color and design, potentially undermining an argument that its features were protected as a pre-existing condition.
The town attorney told the board that officials would need to review the exact language of the sign code and determine whether the typeface issue was regulated. If the sign does not comply with code, the applicant could be required to seek relief from the Zoning Board of Appeals.
The attorney also said the town would need to determine whether any questioned features were part of a legally existing condition or represented changes requiring new approval.
Neighbors raise lighting and enforcement concerns
Another resident asked whether the illuminated sign would affect nearby homes and requested information about its brightness. The applicant did not have a lumen measurement or other lighting specifications available during the meeting.
Residents also questioned whether the application included authorization from the property owner, whether the listed address was accurate and whether other signs on the site complied with town limits.
One resident said the property’s mailing address may be 1 Country Club Drive rather than 1 Country Club Road, as listed in the agenda and application materials. He urged the board to verify that the application was complete before making a final determination.
Several comments focused more broadly on enforcement and the need for the town to apply its sign regulations consistently. Residents asked the board to base any eventual decision on a written resolution identifying the relevant sections of town code.
Planning Board members declined to debate each point during the comment session but said the issues would be reviewed.
Decision postponed until August
Rather than close the public comment period or vote on the application, the board adjourned the matter until its next meeting.
The board directed the applicant not to illuminate the sign while officials investigate the permit history, application materials and code questions raised by residents.
The Planning Board chair expressed disappointment that the sign had been installed before the board acted, unless the applicant can show that a valid permit had already been issued.
Because the comment session was adjourned rather than closed, the board can continue taking testimony when the application returns. No approval was granted Monday, and the sign’s lighting must remain off pending further review.
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