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ZBA denies Dave's Hot Chicken exterior artwork variance, citing signage precedent
Summary
A request to install large exterior artwork and increase letter height at a Dave's Hot Chicken in Greenberg drew debate over whether the proposal is signage (branding) or public art. The board concluded the art constituted commercial signage that exceeded permitted dimensions and voted to deny the variance.
The Zoning Board of Appeals voted to deny a requested signage/branding variance for a proposed Dave's Hot Chicken at 489 Tarrytown Road after extended debate over whether the applicant's proposed exterior artwork is commercial signage or public art.
Danny Casinelli, project manager with Racks and Cayan, described the corporate approach: each store's interior and, in some towns, exterior artwork differs by location but serves as a brand element and drives visibility. He told the board that the landlord had approved the artwork concept and that the existing corporate sign would not change in size; the application asked to add large artwork panels around the storefront and cited performance data about increased visibility.
Board members debated the proposal's effect on the shopping center and future precedent. Several members, citing town sign rules, said the artwork functions as branding and therefore must follow the sign-code limits for letter height and signage area. One member noted the applicant's letters were already at 2 feet and that a conforming approach could incorporate color or artwork within the four-foot-permitted height. Others said the proposed artwork would be visually distinctive and, in their view, attractive, but still a form of commercial signage that would set a precedent for other tenants.
At the conclusion of discussion the board moved to deny the requested height and length variances for the storefront artwork and signage. The ZBA's findings said the requested 6-foot height (a 50% increase over the 4-foot permitted height) and a 33.5-foot length variance were substantial, that the applicant's need for larger signage was self-created and that aspects of the proposed design could be reworked to fit within permitted dimensions.
The board encouraged the applicant to explore conforming alternatives (for example, keeping the existing sign and adding permitted-color accents or smaller branded elements within the 4-foot height allowance) and noted that a revised submission that met code would not require ZBA review.
