Wooden Cow—

ZBA Upholds Enforcement On Sign Violations

By Andrew Gorosko

A two-dimensional wooden cow, a statue of a smiling pizza baker, and an internally illuminated soft-drink vending machine were the unlikely subjects of a Zoning Board of Appeals (ZBA) session, when the owner of the site where those items are located challenged a town land use official’s ruling that those objects constitute illegal commercial signs that need to be removed.

Following discussion on December 6, ZBA members voted 4-to-1 to uphold Land Use Enforcement Officer George Benson’s issuance of a cease-and-desist order to have property owner Christian H. Qualey, Jr, of 150/150-A South Main Street remove those items because they are illegal commercial signs.

The site is located in B-1 and B-2 commercial zones. It holds the businesses South Main Pizza and Phone Forum, plus an apartment.

In challenging the cease-and-desist order, Mr Qualey had brought the matter to the ZBA in seeking to have the panel overturn Mr Benson’s action.

Following discussion, the ZBA upheld Mr Benson’s order in a 4-to-1 vote, with ZBA member Barbara O’Connor dissenting. Ms O’Connor questioned whether the zoning regulations’ definition of a sign pertained to the case. “We seem to be arbitrary, at times,” she said.

ZBA Chairman Charles E. Annett, III, responded that the ZBA strictly enforces the town’s commercial sign regulations.

“What’s the difference between a sign and a decoration?” Ms O’Connor asked.

 The three offending objects were still in position this week at the Qualey property, as the ZBA’s decision had not yet gone into effect. If he chooses to challenge the ZBA’s action, Mr Qualey has the option of filing an administrative appeal in Danbury Superior Court.

Before the ZBA acted on the matter, Mr Qualey told ZBA members that he does not understand the issues in the case. He told the ZBA that his plywood cow cutout is not a sign, adding that it is an art object. Also, the statue of the pizza baker is an art object, he said. The soft drink vending machine is not a sign, he said.

Calling a wooden cow a sign is “arbitrary,” he said, adding that the town’s definition of “sign” in the zoning regulations is vague.

Mr Annett suggested that Mr Qualey seek to revise the town’s definition of the term “sign” by pursuing an amendment to the zoning regulations.

Mr Qualey said if the objects on his property are considered to be signs, there would be other such offending signs at other businesses in town.

Mr Benson said that Mr Qualey had been ordered to remove the offending objects in February 2005, after which he removed them and the order was withdrawn.

The objects have, however, reappeared in front of the businesses, Mr Benson said. “These are signs,” he stressed.

Commercial sign enforcement “is a constant battle” throughout town, he said, noting that many violations occur.

But it is unusual for a sign problem to become the subject of a ZBA meeting, Mr Benson said.

In a December 4 letter of complaint to the ZBA, David Monaco of Monaco Properties, urges the ZBA to uphold Mr Benson’s order that Mr Qualey remove the signs.

Mr Monaco charges that Mr Qualey has not properly filed a site plan with the town for South Main Pizza; is illegally using state property for parking in front of the two business on the site; does not meet applicable parking requirements for restaurants; does not have a grease trap for the restaurant, and has positioned a garbage dumpster in seeking to obscure the motorist sight lines from Mr Monaco’s adjacent property at 146-148 South Main Street.

Mr Monaco attended the ZBA session but did not speak.

Mr Qualey has sued Monaco Properties and the Planning and Zoning Commission (P&Z) twice over his objections to the P&Z’s two approvals of Monaco’s proposals to build a new 14,580-square-foot retail/office complex at 146-148 South Main Street known as Berkshire Plaza.    

Of the Monaco complaint, Mr Qualey said the ZBA’s consideration of the sign issue should pertain strictly to signs.