Proposed changes to Bethlehem’s Zoning Law and Subdivision Regulations were tabled at the Town Board’s Dec. 14 meeting after a lengthy discussion of an issue that wasn’t addressed in the changes.
Town planning officials have worked since March on the latest set of zoning changes. The package of amendments put before the board addressed issues ranging from cell tower siting regulations to the definition of a laundromat.
Before debating the entire package of changes, board members heard from two residents who asked town officials to consider adding a more defined sign policy to the long list of zoning amendments. One of those residents was Amanda Fallon, who spoke on behalf of the Hamagrael Elementary PTA Craft Fair Committee. She was concerned about the fact signs she believed to be permissible were being taken down. She said signs have been removed in the past month advertising a craft fair that was held in early December.
“One of the messages I had was that we’re helping the community,” said Fallon. “Every not-for-profit raises money that’s put back into the community.”
Later in the meeting, Councilman Mark Hennessey expressed his interest in tabling a vote on the zoning changes, saying the “holistic package” should include some statement on the sign policy issue. Supervisor Sam Messina disagreed, saying that the board should tackle the sign issue separately.
“I’m not sure the benefits of tabling 6 months of good work on 99 percent of the major policy areas for one provision, when the board could just as easily review that,” said Messina, who added that it may take months for the issue to be addressed.
Hennessey said he wasn’t comfortable voting on the regulations without consideration of temporary signs and said it simply came down to a matter of the regulations not being ready.
“This is one remaining item that needs to be addressed,” said Hennessey. “I’m more than happy to make sure that it gets addressed so that we can take it up.”
This year, the town stepped up enforcement of its policy to remove temporary signs on town property and right-of-ways. Town Attorney James Potter said as a practical matter, it’s difficult to get to all the signs that should be removed, which raises an entirely different issue.
“It is accurate to say that the town does try to clear signs off of town property now,” said Potter. “There is a heightened vigilance to that now, because you can not discriminate on the basis of the message. To allow one message means that we must allow all.”
During the public comment period of the board meeting, Fallon mentioned that many towns throughout the Capital District have addressed concerns over temporary signs.
One example is Guilderland, where town code states that “temporary signs up to 32 square feet in area advertising any educational, charitable, civic, professional, religious or like campaign or event may be erected on the issuance of a temporary permit for a period not to exceed 14 consecutive days prior to the event.” The permit is issued by the town’s chief building inspector and zoning coordinator.
Bethlehem board members briefly discussed what type of policy to adopt for signs and considered whether they could do so at the Dec. 14 meeting.
“Personally, I think we should just grant the 7-day window to any organization regardless of its merit,” said Hennessey. “It is free speech, when you come down to it.”
Potter, however, warned that attempting to adopt such a policy might classify as a substantial change to the zoning amendments put before the board, meaning that another public hearing would likely need to be held.
After nearly 30 minutes of debate, the board, in a 3-2 vote, agreed to table all of the zoning amendments and subdivision regulations. Hennessey, Joann Dawson and Mark Jordan voted to table the motion; Kyle Kotary and Messina voted against tabling it.
Although unresolved, Fallon was pleased that the issue has the board’s attention.
“I’m glad that they heard what we were saying and that there is support among Town Board members to look at this issue,” said Fallon.
