Resolution & Compliance Letter 3.29.23lilt's of (tiuecnsbury
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: 532 Aviation Road
Tax Map Number: 302.5-1-95
RE: File No. SV 2-2023
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 karend@queensbuiy.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.
Sincere11 ,
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/kd
i� Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Sign Variance Resolution To: Approve
Applicant Name: Matthew Signs LLC (for Sunoco)
File Number: SV 2-2023
Location: 532 Aviation Rd.
Tax Map Number: 302.5-1-95
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 a new freestanding sign of 71.15 sq. ft. and a new canopy -wall sign of
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 the
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 0.67 ac parcel.
Section 140 sign
The plans are for a freestanding sign of 71.15 sq. ft. which exceeds the 45 sq. ft. maximum allowed. The
project includes a Sunoco canopy wording and color scheme of 23.26 sq. ft. Relief is requested for more
than one freestanding sign.
SEQR Type: Unlisted [Resolution / Action Required for SEQR]
Motion regarding Sign Variance No. 2-2023. 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
Roy Urrico:
Duly adopted this 29t' Day of March 2023, by the following vote:
AYES: Mr. Underwood, Mr. Keenan, Mrs. Palacino, Mr. Cipperly, Mr. Urrico, 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? There will be no
undesirable change produced in the character of the neighborhood nor will a detriment to nearby
properties be created by the granting of the requested sign variance.
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a sign variance? No. It's just simply replacing and updating the corporate logo.
3. Is the requested sign variance substantial? No. It's replacing in the same area, simplifying the signs
from what currently exists.
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 created by the size of the lot distances from the
main highway there.
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 followingA 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 2-2023,
MATTHEW SIGNS LLC, Introduced by James Underwood, who moved for its adoption, seconded by
Michael McCabe:
Duly adopted this 2911 Day of March 2023, by the following vote:
AYES: Mr. Keenan, Mr. Cipperly, Mrs. Palacino, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. Henkel, Mr. Kuhl