Millerton ZBA investigates complaints: North East Fire District sign raises red flag

MILLERTON — The Millerton Zoning Board of Appeals (ZBA) devoted its full attention to complaints it received about the LED sign stationed outside of the North East Fire District building on Century Boulevard at a public hearing on Wednesday, Dec. 4. The sign has been there for nearly five years; concerns were brought to the fire district’s attention earlier this fall. It posts information about fire district meetings and events, blood drives, weather alerts, and, of course, tells the time and temperature.

“Our goal with the fire district is looking out for the best interest of the taxpayer any way we can,” said Vice Chairman of the Board of Fire Commissioners Stephen Valyou.

The ZBA gathered in the NorthEast-Millerton Library Annex for its recent meeting and was prompt in opening up the public hearing.

“We should be aware there was a sequence of events that got us to this point of having to have a discussion about what should happen to the sign on Century Boulevard after complaints from two individuals,” said ZBA Chair DeLora Brooks.

Brooks explained the complaints came in well after the sign had been established at 24 Century Blvd. in 2015, though she emphasized that they needed to be addressed all the same. She reported that the complaints focused on how the nature of the sign had changed in terms of its background and how the sign’s neon lighting had “a different character as to what was allowed for signage in the village.”

ZBA member Ed Stillman asked if the complaints had been submitted in writing. Brooks replied that the complaints had been verbal, adding that no formal record had been made. Stillman then asked if there was a record of the agreement for the sign between the village and the fire district. Village Treasurer and Deputy Clerk Stephany Eisermann said there was a sign permit that had been filled out by the fire district four years ago.

In summary, Brooks said the main complaints were that the sign was no longer generic in nature, that it had different colors and was not “business-like.”

“We’re not talking about a business: it’s a municipal entity,” Eisermann reminded the ZBA later that evening.

Brooks said she consulted with Millerton Building Inspector Kenneth McLaughlin who referred her to the appropriate state codes. From what she understood, Brooks said municipalities could have input with regard to the character of any signage within its borders.

“My question is, what condition would be acceptable by the person that made the complaints?” she said.

Considering the issue from an historical perspective, the ZBA’s attorney said that the fire district is treated as a municipality and is therefore exempt from certain zoning regulations. However, should any changes to the signage cause a problem in the village, ZBA members have the right to place reasonable restrictions on it.

“There are only so many parameters on the sign,” said a member of the North East Fire District who preferred not to reveal his name. “It’s your basic LED sign for your fire community.”

“I know at one point there was a lot of flashing,” said Deputy Mayor Jennifer Najdek in reference to the sign’s lighting. “As soon as it was brought to anyone’s attention, it went back to one message followed by another, not in rapid succession.

“I haven’t heard a complaint since,” Najdek added, “but that’s me personally.”

Stillman asked the ZBA what a reasonable restriction would be in terms of the length of time that a message could be displayed at a time on the LED board. Brooks noted that there are guidelines in place for the number of seconds between a change in messages: 30 seconds was ultimately deemed too long, especially when considering motorists who pass by the sign and the amount of content they can see while driving from one end of Century Boulevard to the other. Stillman posed that the ZBA could be tasked with setting standards for the sign’s operation.

Turning toward the fire company members in the audience, Brooks said they should outline “Whatever you feel it [the sign] should address and how it should be addressed,” she said. “We’re not making any unreasonable demands or requests.”

“The sign has been up for four years,” one fire company member said, “and there have been two complaints in four years. It’s worked for us for four years.”

“The problem is we found an error and we need to correct it,” Brooks countered. “I don’t think one complaint, two complaints, 100 complaints makes a difference — it’s still a complaint.”