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Denial Resolution r- Zoning Board of Appeals—Record of Resolution Ff J"'a Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Lewis N. Stone, Chairman Charles A. McNulty, Secretary 192 Lake Parkway 14 Twicwood Lane Lake George,New York 12845 Queensbury, New York 12804 TO: Panera, LLC PROJECT FOR: Panera Bread 6710 Clayton Road Northway Plaza Richmond Heights,MO 63117 820 State Route 9 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Sign Variance No. 61-2004, Panera Bread Meeting Date: Wednesday, August 25, 2004 Approved Denied_X_ Tabled Withdrawn_ SEQRA Review [Tabled: applicant has sixty(60 days)to come back with the application] MOTION THAT A REVIEW OF THE SHORT ENVIRONMENTAL REVIEW OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM SHOWS THERE ARE NO SIGNIFICANT NEGATIVE IMPACTS CAUSED BY THIS PROJECT, Introduced by Lewis Stone who moved for its adoption, seconded by Paul Hayes: Duly adopted this 25`h day of August, 2004, by the following vote: AYES: Mr. Underwood, Mr. Abbate, Mrs. Hunt, Mr. Urrico, Mr. McNulty, Mr. Hayes, Mr. Stone NOES: NONE MOTION TO DENY SIGN VARIANCE NO. 61-2004 PANERA BREAD, Introduced by Paul Hayes who moved for its adoption, seconded by Charles McNulty: 820 State Route 9. The applicant proposes to place 84 square feet of wall sign on the south fagade, and an additional 84 square foot sign on the east facade. Specifically the applicant requests relief for an additional wall sign where only one is allowed per tenant per Section 140-6 Part B3d4b. To my grounds for moving for disapproving the Sign Variance. One, I believe that Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary(such as review by the Queensbury Planning Board.) Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Continued resolution ZBA Meeting: Wednesday, August 25, 2004 SV 61-2004, Panera Bread the request, based on the historical requests that have been made for this Plaza, including request to move tenants to allow Panera Bread to come into the Plaza makes this application a self- created difficulty. We have granted the relief for number of signs in and around this Plaza extensively, in fact, and in this particular case, the applicant is, the owner of the Plaza was well aware of the conditions of which we made those approvals, and thereby we have to assume that Panera Bread was made aware of those limitations, as far as signage that was left as well. In terms of the request itself, I find it to be substantial in the sense that one sign is allowed, in this particular case, and two are requested, which means the applicant is requesting 100% of relief. I also think that the potential for adding more signs in this area of the Town, in this area of this Plaza, has the potential to have a negative adverse effect on the neighborhood that already exists, and it would be compounded by any request for additional signage. I think that some Board members have pointed out that there is, there's a number of signs for this Plaza. There's a number of signs proposed for a new potential tenant. There's outdoor signage directly behind this, and there was a laundry list of Area Variances or Sign Variances that were granted for signs that are there now. So I think adding to that could have a negative impact on the environment in this particular case or the greater community in that area. I also think, in terns of future applications, which I know we interpret each application on a specific set of facts, but with a number of plazas in the Town, in this particular case, granting 100% relief for an additional side sign, if you will, could place this Board in a position of experiencing a number of requests for similar signs for very similar reasons, additional identification from a direction not contemplated from within the Plaza, and I think that that also could have a negative impact on the community. So, on balance, while I sympathize with Panera Bread, in this particular case, I think that the test, in this particular case, falls against the applicant. Duly adopted this 25`h day of August, 2004, by the following vote: AYES: Mr. Underwood, Mr. McNulty,Mr. Hayes,Mr. Stone NOES: Mrs. Hunt, Mr. Urrico, Mr. Abbate Sincerely, Lewts N. Stone, Chairman Queensbury Zoning Board of Appeals LS/sh cc: Laver Manguso &Assoc. Architects Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary(such as review by the Queensbury Planning Board.)