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Resolution & Compliance Letter 3.29.237bn71 of (t`tcensbtuy Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Compliance Letter Today's Date: March 30, 2023 TO: Applicant Name: Matthew Signs (for Sunoco) Location: 234 Quaker Road Tax Map Number: 302.8-1-45 RE: File No. SV 1-2023 ATTENTION: Prior to commencing any site work please read this letter. Please call this office with any questions. Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). 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 has expired. See section 179-14-090. Additional requirements and review for this project shall include: Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site. Electronic versions can be emailed to kareild@queensbua.net. queensbua.net. A survey map must be submitted with the final plans. 2. Post Approval -Contact Bruce Frank —Code Compliance Officer Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for pre -construction meeting before any work is started, and at any time during the site development should any constraints, concerns or questions arise. Mr. Frank will monitor the site development throughout the project for compliance with your approval; however, see item 3; Contact Bruce Frank, Code Compliance Officer at 518-761-8226. Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the Adirondack Park Agency, Lake George Park Commission or other State agency or department. As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final sign -off from the Zoning Department and/or a Certificate of Occupancy — If there are no modifications or changes from the approved plan provide a certification from the project designer. If there are minor modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This may be, potentially, approved administratively. If there are major modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This will likely require re -approval by the Zoning Board. Sincerely, 0R aig Brown Director of Planning & Zoning Zoning Administrator CB/kd Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 li)rrn of Queensbury Sign Variance Resolution To: Approve Applicant Name: Matthew Signs LLC (for Sunoco) File Number: SV 1-2023 Location: 234 Quaker Rd. Tax Map Number: 302.8-1-45 ZBA Meeting Date: March 29, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew Signs LLC. Applicant proposes two freestanding signs and two wall signs. The two freestanding signs are attached to the same pole. The Sunoco Diamond Logo freestanding sign is 15 sq. ft. The price block freestanding sign is 19.25 sq. ft. The existing wall sign Cobble Pond Farms of 8 sq. ft. is to remain with no changes. The proposed wall sign on the largest canopy facing Quaker Road is to be 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with existing fagade and sign. Relief is requested for setbacks and number of signs. Relief Required• The applicant requests relief for setbacks and number of signs. The project is located in the Commercial Intensive zone on a 0.76 ac parcel. Chapter 140 signs The freestanding sign contains more than one sign — there is an existing diamond logo sign of 5 sq. ft. to remain and a new price sign to be installed of 19.25 sq. ft. An additional freestanding sign is noted as the canopy sign of 23.26 sq. ft. containing the Sunoco logo coloring scheme. The price sign is to be located 3.5 ft. from the property line where a 15 ft. setback is required. The number of freestanding signs as a corner lot allows for two and three are proposed. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 1-2023. Applicant Name: Matthew Signs, LLC 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 Michael McCabe who moved for its adoption, seconded by Richard Cipperly: Duly adopted this 29th Day of March 2023, by the following vote: AYES: Mr. Urrico, Mr. Cipperly, Mrs. Palacino, Mr. Underwood, Mr. Keenan, Mr. McCabe NOES: NONE ABSENT: Mr. Henkel, Mr. Kuhl A public hearing was advertised and held on Wednesday, March 29, 2023. 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? We do not note any undesirable change or detrimental effect to the neighborhood or community. Essentially, it's replacing the canopies that already exist with a more subtle design. 2. Can the benefit sought by the applicant be achieved by some method feasible for the applicant to pursue, other than a sign variance? We see that this also is a replacement of what currently exists. 3. Is the requested sign variance substantial? Yes, it is, but it's no more than what currently exists on site with the addition of the one Sunoco logo. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No. 5. Is the alleged difficulty self-created? Yes, it is, but it's somewhat created by the location of the previous renditions that have been created on the property. 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; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read aloud the following A through E): 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. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE SIGN VARIANCE 1-2023, MATTHEW SIGNS LLC, Introduced by James Underwood, who moved for its adoption, seconded by Robert Keenan: Duly adopted this 29t' Day of March 2023, by the following vote: AYES: Mr. Urrico, Mrs. Palacino, Mr. Cipperly, Mr. Keenan, Mr. Underwood, Mr. McCabe hC6IIc=i2[410 ABSENT: Mr. Henkel, Mr. Kuhl