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MEETING MINUTES(Queensbury ZBA Meeting 07/28/2021) 1 SIGN VARIANCE NO. 3-2021 SEQRA TYPE UNLISTED AYZO RIDGE CONSULTING AGENT(S) BRIDGETTE SHOEMAKER OWNER(S) MATT O’HARA ZONING WR LOCATION 10 DUNHAM’S BAY ROAD APPLICANT PROPOSES TO INSTALL A 60 SQ. FT. WALL SIGN WHERE A SECOND WALL SIGN CANNOT EXCEED 30 SQ. FT. THE APPLICANT IS ALLOWED TO H AVE A SECOND WALL SIGN AS THERE IS NO FREESTANDING SIGN PROPOSED PER SECTION 140. THE SIGN IS TO BE INDIVIDUAL LETTERS PLACED ON A BACK DROP, FACING THE SHORELINE OF LAKE GEORGE. THE SMALLER SIGN OF 20 SQ. FT. IS TO BE LOCATED NEAR THE ENTRY DOOR FACING DUNHAM’S BAY ROAD (PERMIT HAS BEEN ISSUED). RELIEF IS REQUESTED FOR A SECOND WALL SIGN GREATER THAN 30 SQ. FT. CROSS REF SIGN 49-2021 WARREN COUNTY PLANNING JUNE 2021 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.61 ACRES TAX MAP NO. 239.20-1-4 SECTION 140 BRIDGETTE SHOEMAKER, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Sign Variance No. 3-2021, Ayzo Ridge Consulting, Meeting Date: July 28, 2021 “Project Location: 10 Dunham’s Bay Road Description of Proposed Project: Applicant proposes to install a 60 sq. ft. wall sign where a second wall sign cannot exceed 30 sq. ft. The applicant is allowed to have a second wall sign as there is no freestanding sign proposed per Section 140. The sign is to be individual letters placed on a back drop, facing the shoreline of Lake George. The smaller sign of 20 sq. ft. is to be located near the entry door facing Dunham’s Bay Road (permit has been issued). Relie f is requested for a second wall sign greater than 30 sq. ft. Relief Required: The applicant requests relief for a second wall sign greater than 30 sq. ft. in the Waterfront Residential zone Chapter 140 dimensional The proposed sign is to 60 sq. ft. and is on the face of the building towards the lake. Where the maximum size allowed for a wall sign is 30 sq. ft. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minimal impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the sign size, although the signage is to face the lake to direct customer from the water the name of the facility. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for an additional wall sign where only one wall sign per tenant in a business complex is allowed. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may have minimal impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes two wall signs to be located on the building where one is already permitted. The second sign is to be greater than 30 sq. ft. The plans show the location of the signage on the building. The board may confirm no free standing sign.” MR. URRICO-I just want to make sure that we get that said right. MRS. MOORE-So the relief that’s being requested is for the wall sign greater than 30 square feet. MR. URRICO-And that’s it. It has nothing to do with the business complex. (Queensbury ZBA Meeting 07/28/2021) 2 MRS. MOORE-Correct. MS. SHOEMAKER-Good evening. I’m Bridgette Shoemaker, owner Ayzo Ridge Design and Consulting. MR. MC CABE-So, Bridgette, you’re on shaky ground here. You left us sitting all alone a couple of months ago. We understood. MS. SHOEMAKER-I was out in Central Mass and I called in and tried to call in. So I called BBL the contractor and I said I can’t get through, and he said this says it’s in person, and I said oh my God the letter I got said it’s virtual. So I was like all right I don’t think I’m going to make it from Springfield to Queensbury in the next 45 minutes, and I apologize. So here we are. So just in making your determination I wanted to point out a few more items. So had this building been on the corner of two streets, it would be allowed the two wall signs. In this event it’s actually still at the corner of two thoroughfares, but the second thoroughfare is the waterway. So obviously a marina wants to attract boats and wants to make sure that it’s clearly recognizable that this is the marina not someone else’s home. So that being said we proposed the letters to fit onto the building that would be visible between about 750 to 180 feet of distance. We wanted to make sure that those mariners have enough time to maneuver in properly, and then secondly there will not be any sound or light pollution from these letters. These are non -illuminated letters. That is a sample of the actual construction and color of the letters that will be used on the building, and additionally, so I had circulated the larger 11 by 17’s that you can see and it’s a blown up version of the architect’s rendering. So the rendering that you’re looking at was approved by the Planning Board in the design of the building. So what’s unique with this application is that the framework that the architect built into the building is what’s causing the request for the 60 square foot variance. The actual letters, drawing a square around the letters, is only 20.7 square feet. So when we initially put in the application it was just for the letters. We had been under the impression by the builder that the façade construction was all approved and no concerns. So we had to come in front of you to include that sign back or area that the architect had so beautifully rendered into the building. So we’d like you to consider that this is not a substantial request because there’s really an architectural accent that’s creating that square footage relief request, whereas the sign itself is actually only 20.7 square feet. Again, with the goal of just notifying the boat operators that they are at the right place and not at someone’s home. That’s pretty much it. MR. HENKEL-There’s down lighting on it. Right? MS. SHOEMAKER-Yes. So there’s down lighting on, yes, that central portion of the building. MR. KUHL-What are the hours the lights are going to be on? MS. SHOEMAKER-That’s a really good question. It would be the same hours as the rest of the lighting on the building. So I would assume that no more than one hour after close each night, and that’s so the staff can get out. MR. KUHL-What hours do they close? MS. SHOEMAKER-I do not know that. MR. KUHL-Me either. But honestly, find that out and make sure that whatever lighting there is, so that the neighbors don’t get upset. That’s the only reason. I understand your need to light it up. I mean everybody knows where that building is. MR. MC CABE-The neighbors might want to see it. In fact these lights are probably more for the people that are on that patio of the restaurant here and not really for the sign. MS. SHOEMAKER-Yes. MR. KUHL-But if John Salvador were here, he’d be in the audience. My point here, all kidding aside, just make sure that whatever hours that you turn them off. Okay. Thank you. MS. SHOEMAKER-Yes, absolutely, and that’s typical of the recommendation that I would make to ownership as well. MR. MC CABE-So at least on Sunday they closed at six. MS. SHOEMAKER-Okay. So the sign should not be on in August at six o’clock anyways. So always recommend to owners that any type of signage should be off within an hour of close. Obviously you want your employees to be out safe, but there’s no reason to be on after that. MR. MC CABE-So that was, yes. I took one of the boats out on Sunday, or I went out with one of the members there. In fact I was on this third boat in which was called the Soaring Eagle, and I have to say (Queensbury ZBA Meeting 07/28/2021) 3 the business did a really nice job, but you guys are signage lacking because your little side street is one way, but it’s not easy to determine that. So you can get yourself caught into no man’s. MS. SHOEMAKER-This sign, there’s a wall sign that does face the main road. They’re not visible from one another. We have a permit for that already. That sign is built. It’s waiting on the façade to go up. So I think that will help relieve some of that, and that’s one phase one, and then once they get the construction done then we’re going to work on some way finding things and interior improvements, but those are later on down the pipeline. MR. MC CABE-Other questions of the applicant? MRS. HAMLIN-Well, actually what color did you say the letters are going to be? MS. SHOEMAKER-The letters are called dark bronze. Did the sample make it back to you? MRS. HAMLIN-That’s dark bronze? MS. SHOEMAKER-Yes. MRS. HAMLIN-I thought it was gray. MS. SHOEMAKER-That depends on the sunshine I guess. MR. MC CABE-Other questions of the applicant? Anything written, Roy? MR. URRICO-There’s no written comments. MR. MC CABE-So at this particular time I’m going to open the public hearing and see if there’s anybody who would like to provide input on this particular project. And I’ll ask Roy if there’s any written comment. PUBLIC HEARING OPENED MR. MC CABE-He’s already answered that question. So at this particular time I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I’m going to poll the Board, and I’m going to start with Jim. MR. UNDERWOOD-Even though it’s a substantial request, double the normal size, I think you’ve explained it and because of the letters as we’ve seen it depicted, I don’t think it’s going to be any big deal at all. I think it’ll help identify the business as Mike said. When you come around the corner there you’re looking through a corner. It’s kind of a last minute see and it would make more sense to have it on that side. The other sign is a pretty minimal sign, too. So I’d be in favor of it. MR. MC CABE-Brent? MR. MC DEVITT-Thank you. I also =am in favor. I’ve followed closely what Mr. O’Hara and his family have done with this building and with Freedom Boat Club and we need more people like that in the community. He’s doing a great job. It looks excellent. So I’m fully in favor of what you’re looking for. MR. MC CABE-Cathy? MRS. HAMLIN-I want to say I appreciate that, because from the materials it is substantial, as mentioned, double the size, but anything smaller would just not look right. MS. SHOEMAKER-Thank you. Right. Once you see it in a perspective. MRS. HAMLIN-And it’s well done in terms of blending in with the architecture. So I would vote in favor of this. MR. MC CABE-John? MR. HENKEL-Because of the location, especially the way it sits in a hole like you were just talking about with the way the road is curved in there, I would even be agreeable to more signage because it’s tough to really see. So I’m definitely on board with what you’re asking for. MR. MC CABE-Ron? (Queensbury ZBA Meeting 07/28/2021) 4 MR. KUHL-I have no issue with this. I’m in favor of it, Mr. Chairman. MR. MC CABE-Roy? MR. URRICO-In this case I think the variance request is legitimate. So I’d be in favor of it. I hope they give you the rest of the letters for your sign. MR. MC CABE-And I, too, support the project. It would look weird with a standard sized sign on there, and the boaters really couldn’t figure out what that building was if they were depending on signage. So I’ll support the project. So with that, I’m going to seek a motion from Jim. Excuse me. I’m getting ahead of myself again. First we have to do SEQR. Motion regarding Sign Variance No. 3-2021. Applicant Name: Ayzo Ridge Consulting., based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 28th Day of July 2021, by the following vote: AYES: Mr. McDevitt, Mrs. Hamlin, Mr. Urrico, Mr. Henkel, Mr. Kuhl, Mr. Underwood, Mr. McCabe NOES: NONE MR. MC CABE-Now, Jim, you can do your motion. The Zoning Board of Appeals of the Town of Queensbury has received an application from Ayzo Ridge Consulting. Applicant proposes to install a 60 sq. ft. wall sign where a second wall sign cannot exceed 30 sq. ft. The applicant is allowed to have a second wall sign as there is no freestanding sign proposed per Section 140. The sign is to be individual letters placed on a back drop, facing the shoreline of Lake George. The smaller sign of 20 sq. ft. is to be located near the entry door facing Dunham’s Bay Road (permit has been issued). Relief is requested for a second wall sign greater than 30 sq. ft. Relief Required: The applicant requests relief for a second wall sign greater than 30 sq. ft. in the Waterfront Residential zone Chapter 140 dimensional The proposed sign is to 60 sq. ft. and is on the face of the building towards the lake. Where the maximum size allowed for a wall sign is 30 sq. ft. SEQR Type: Unlisted [ Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 3-2021. Applicant Name: Ayzo Ridge Consulting., based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 28th Day of July 2021, by the following vote: AYES: Mr. McDevitt, Mrs. Hamlin, Mr. Urrico, Mr. Henkel, Mr. Kuhl, Mr. Underwood, Mr. McCabe NOES: NONE A public hearing was advertised and held on Wednesday, June 16, 2021 & remained open Wednesday, July 28, 2021. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? No. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? The answer is no. (Queensbury ZBA Meeting 07/28/2021) 5 3. Is the requested sign variance substantial? It’s double the normal size, but based upon the size of the façade of the building we’ve determined that it fits as proposed. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No. It will be lit up only an hour after the normal hours of operation each day. 5. Is the alleged difficulty self-created? Not really. The building needs to be identified on a busy curving road here. So we feel it’s not really self-created. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or community; It will probably be a benefit to identifying the building. 7. The Board also finds that the variance request under consideration is the minimum necessary; BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE SIGN VARIANCE SV 3- 2021, AYZO RIDGE CONSULTING, Introduced by James Underwood, who moved for its adoption, seconded by Brent McDevitt: As per the resolution prepared by staff with the following: A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA’s review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel’ D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 28th Day of July 2021, by the following vote: AYES: Mr. Henkel, Mrs. Hamlin, Mr. Kuhl, Mr. Urrico, Mr. McDevitt, Mr. Underwood, Mr. McCabe NOES: NONE MR. MC CABE-Congratulations, you have a project. MS. SHOEMAKER-I wanted to show you, this is the sign going on the other side of the building. MR. MC CABE-Thank you.