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Board hears lengthy debate over proposed illuminated marquee for American Theatre; decision tabled
Summary
Troy's zoning board debated permitting LED illumination and two static poster-style LED panels for the restored American Theatre marquee, raising questions about EMC definitions, planning approval and encroachment; the board tabled the item for more information.
The Troy Zoning Board of Appeals held extensive discussion about a proposed restoration of the American Theatre marquee at River Street and whether the project's planned LED illumination and two poster-style display panels should be allowed in the downtown district.
Scott Townsend of SWBR, the project architect, said the rehabilitation is intended to restore the theater's historic marquee and that the design has secured approvals with state-level preservation authorities. "We are restoring the marquee, and it's been approved by [State Historic Preservation Office] and the National Park Service," Townsend said. He and the applicant said the two recessed display panels on either side of the entrance would be static, LED-backlit poster displays that change infrequently and would not animate.
Board members pressed whether the two panels are EMCs under the zoning code; the code's EMC definition is broad and can encompass modern LED panels. Planning staff confirmed the planning commission previously approved a similar display but that prior approval had lapsed; the applicant said it intends to seek reapproval from planning. The board also discussed whether the project would set a precedent for illuminated signs in the downtown historic district.
Several members suggested any relief should be narrowly tailored and conditioned to the theater's unique historic circumstances, to avoid creating a precedent for other commercial properties. One board member asked that the planning board review and apply EMC standards for message duration, brightness and location; another suggested a condition requiring the applicant to dim or turn off lights if a verified nuisance occurs.
Public comment included support for the theater restoration but also reservations about using television-style panels on a historic marquee. A member of the public who identified herself as Samantha said she was "very excited about the American Theatre Project" but expressed "discomfort about the thought of the marquee being TVs."
Because of unresolved questions — planning reapproval that had lapsed, a potential encroachment issue related to marquee clearance in the right-of-way and how the city code defines EMCs — the board voted to table the application to the next meeting and recommended the applicant coordinate with planning staff to secure any planning approvals and to clarify technical details for the board.
