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Resolution & Compliance Letter 10.18.23!'n►t�n of (Liccnsbuty Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Compliance Letter Today's Date: October 19, 2023 TO: Applicant Name: New Potato Creek Holding LLC Location: 900 State Route 9 Tax Map Number: 296.17-1-47 RE: File No. SV 5-2023 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. 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. 3. 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, 0/1AJ Craig 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 'lOIM of (Zreensbm}• Sign Variance Resolution To: Approve Applicant Name: New Potato Creek Holding LLC File Number: SV 5-2023 Location: 900 State Route 9 Tax Map Number: 296.17-1-47 ZBA Meeting Date: October 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from New Potato Creek Holding LLC. Applicant proposes construction of a 3,910 sq. ft. carwash facility and a 2,730 sq. ft. vacuum canopy. The project includes accessory buildings for the mechanicals and associated equipment for the facility. The plans show a freestanding internally lit monument sign of 41 sq. ft.; a wall sign of 19.01 sq. ft. with illuminated letters; a tunnel entrance wall sign of 19.01 sq. ft. with illuminated letters; 3 directional sign poles proposed at 6 ft. in height and 4.5 sq. ft. each; dumpster wall sign gate panels (one 21.7 sq. ft. panel and one 18.3 sq. ft. panel); two menu boards of 26.5 sq. ft. each; and a 6 sq. ft. entrance sign that is 3 ft. in height. Relief requested for number of wall signs and freestanding signs. Relief Required: The applicant requests relief for number of wall signs and freestanding signs. The project site is on a 1.64 ac parcel in the Commercial Intensive zone. Section 140 Signs Signage-The plans show a freestanding internally lit monument sign of 41 sq. ft. The plans show a wall sign of 19.01 sq. ft. with illuminated letters. Directional sign poles — proposed is 7 at 6 ft. in height and 3 sq. ft. each. o The following signs are subject to variance —more than one wall sign: 3 additional wall signs proposed (4 proposed total); more than one freestanding sign: 3 additional freestanding (5 proposed total). �Tunnel iGll ClTCIICe�'VZLlTSrg11Tl.0T7Cl iith illumkiatedCTCee�11V1e L11GL„ i vananee o +1,a o wall sig ■ 2- Menu board -vinyl applied to acrylic face — each 26.5 sq. ft. — variance more than one freestanding sign ■ Entrance sign — proposed at 3 ft. in height at 6 sq. ft. Variance more than one freestanding sign and size greater than 4 sq. ft. ■ Gate arm signs —free standing sign only one proposed at a time (drawing does not show location) SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 5-2023. Applicant Name: New Potato Creek Holding 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, and the amendments discussed amongst the Board this evening, a Negative Declaration„ Introduced by John Henkel who moved for its adoption, seconded by Michael McCabe: Duly adopted this 181h Day of October 2023, by the following vote: AYES: Mr. Keenan, Mr. Underwood, Mr. Kuhl, Mrs. Palacino, Mr. Henkel, Mr. Urrico, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly A public hearing was advertised and held on Wednesday, October 18, 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? With alterations to the original request we find there will not be any negative effects as a result of the 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? We've removed two of the wall signs, removed the signs on the dumpsters, and the wall sign identified as B2. 3. Is the requested sign variance substantial? Yes, it would be considered substantial, but most of the signage is internal so it's not going to have an effect on the neighborhood or nearby traffic. 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 because of the amount of signage necessary to direct traffic into this facility. 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 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 5-2023, New Potato Creek Holding LLC, Introduced by James Underwood, who moved for its adoption, seconded by Robert Keenan: Duly adopted this 18" Day of October 2023, by the following vote: AYES: Mr. Henkel, Mr. Urrico, Mr. Kuhl, Mrs. Palacino, Mr. Keenan, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly