On Monday, July 13, Milford City Council approved a conditional use request from Beach Babies to construct a freestanding electronic message sign at the intersection of Marshall Street and Watergate Boulevard, next to their daycare center. According to the memo provided to council by City Planner Rob Pierce, all electronic message signs require a conditional use from council.
“The request before you tonight is straightforward,” Eric Wahl, a landscape architect and senior planner with Peroni and Associates said. “It is a request for approval of a freestanding electronic message center to serve an existing daycare operation on the property. It is simply an accessory sign improvement, serving an existing community use, not an expansion of land use or density.”
Wahl explained that the daycare was not new and meets the APA definition of a daycare center. Wahl pointed out that the reason the center needed a conditional use was simply because an electronic sign was not permitted in residential districts.
“However, staff analysis provided in your packet complies with the dimensional and operational standards of Milford code,” Wahl said. “The sign must comply with dimming controls, certification requirements and operational restrictions that prohibit flashing and full-motion video.”
Councilman Danny Perez confirmed the height of the sign was within the regulations and was told that it was.
“I’m asking council not to approve this electronic sign application as it’s currently written,” Julie Morris, who gave an address of 21142 Cedar Beach Road, said during the public hearing. “The property is zoned R3. It sits at t the entrance of the Watergate development. The packet says the vacant property across is going to be a planned 12-unit apartment building. Staff repeatedly rely on the fact that the daycare and apartment properties have the same developer, but as we all know ownership changes often. Future residents should not lose consideration simply because the same company owns both properties today.”
Morris was also concerned about the lack of agency or departmental comments regarding the lighting, traffic distraction, the intersection or the impact on future developments.
“The drawing shows a total sign face of 34 square feet, including a 12 square foot electronic screen,” Morris said. “The applicants letter says 34 square feet on each side, totaling 64 square feet and then staff says a 12 square foot electronic screen. That is 50 percent of the sign. The zoning code only allows electronic signs in the residential district for certain uses, including public and private schools. This is a daycare center. It does not explain where the code defines a daycare as a private school.”
Perez felt that the sign was too tall for a residential area. Pierce explained that the sign did meet zoning.
“A commercial property in a residential zone is permitted to have a sign up to a height of 10 feet, so that is in our code,” Pierce said. “The height of this sign is code compliant. Additionally, non-residential uses can have sign area up to 48 square feet. I just wanted council to be aware that this sign is code compliant other than the message center.”
Councilman Dan Marabello pointed out that the sign for Winward on the River, which was just up the street, had a freestanding sign that was 10 feet high. Pierce pointed out that the developer did receive a variance for that sign. Marabello agreed but said that it did not “look bad” now that it was installed.
A motion was made and seconded to approve the conditional use. Marabello voted yes as it complied with code and it was not out of place. Councilwoman Madula Kalesis also voted yes for the reasons stated by Marabello.
“I vote yes,” Councilwoman Nadia Zychal said. “I’d also like to add that any concerns about ambiguity regarding the sign can be allayed by the beautifully drawn rendition in the packet.”
Councilwoman Nina Pletcher also voted yes. Perez voted no.
“Even though the sign meets all the qualifications, I think council should worry about the future,” Perez said. “I think the sign could be modified and bring it down further.”
Although Vice-Mayor Jason James was sitting in for Mayor Todd Culotta, he was able to cast his vote in favor of the conditional use. It passed by a vote of five to one as Councilwoman Katrina Wilson was absent.
