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12-13-2023 (Queensbury ZBA Meeting 12/13/2023) QUEENSBURYZONINGBOARD OFAPPEATS FIRSTREGUTAR MEETING DECEMBER I31r,2023 INDEX Area Variance No.4-2023 Geraldine Eberlein 1. FURTHER TABLING Tax Map No.227.17-1-25; 227.17-1-24 (Septic) Area Variance No.1-2023 Michael Rozell 2. ONE YEAR EXTENSION Tax Map No. 2S9.7-1-17 Area Variance No.47-2023 Cypress Pools 2. Tax Map No.296.10-1-4 Sign Variance No.7-2023 Margie Yarton-Higgins 6. Tax Map No. 303.15-1-25.1 Sign Variance No. S-2023 AJ Signs 15. Tax Map No.296.17-1-45 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury ZBA Meeting 12/13/2023) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING DECEMBER 13TK,2023 7.00 P.M. MEMBERS PRESENT JAMES UNDERWOOD,ACTING CHAIRMAN ROY URRICO,SECRETARY RICHARD CIPPERLY JOHN HENKEL MARY PALACINO,ALTERNATE BRENT MC DEVITT,ALTERNATE MEMBERS ABSENT RONALD KUHL ROBERT KEENAN MICHAEL MC CABE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. UNDERWOOD-Good evening and welcome to the December 13`h, 2023 meeting of the Queensbury Zoning Board of Appeals. I'll be calling each of our agenda items up by number this evening,but before we do that we have some administrative items to deal with. First of all I need an approval for the meeting minutes of November 15`h,2023. APPROVAL OF MINUTES November 15`h,2023 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF NOVEMBER 15TK, 2023, Introduced by John Henkel who moved for its adoption, seconded by Roy Urrico: Duly adopted this 13`h day of December,2023,by the following vote: AYES: Mr. Cipperly,Mr.Henkel,Mr. Urrico, Mr. Underwood NOES: NONE ABSTAINED: Mrs.Palacino,Mr. McDevitt ABSENT: Mr. Kuhl,Mr. McCabe,Mr. Keenan MR. UNDERWOOD-Secondly we have a request to table Area Variance 4-2023, Miss Eberlein's project, again to be heard on January 17`h,2024. John? ADMINISTRATIVE ITEMS: REQUEST TO TABLE AV 4-2023(EBERLEIN)TO JANUARY 17,2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine Eberlein. (Revised)Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq.ft.,-an outdoor kitchen of 234 sq.ft.,-and a new floor area of 3,343 sq. ft. The project includes associated site work for anew permeable driveway,stormwater management,and shoreline landscaping; the project also includes installation of a new septic system on the adjoining property to east property line. Site plan for new floor area in a CEA and hard surfacing within 50 ft.of the shoreline. Relief is requested for setbacks,floor area, and permeability. MOTION TO TABLE AREA VARIANCE NO. 4-2023 GERALDINE EBERLEIN, Introduced by John Henkel who moved for its adoption,seconded by Richard Cipperly: Tabled to January 17,2024. Duly adopted this 13`h Day of December 2023,by the following vote: 2 (Queensbury ZBA Meeting 12/13/2023) AYES: Mr. Urrico, Mr. Henkel,Mr. Cipperly,Mr. McDevitt,Mrs.Palacino,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR. UNDERWOOD-And last of the Administrative Items, we have an Area Variance 1-2023, Mike Rozell's project over on Glen Lake. There's a request for a one year extension on that project. AV 1-2023(MIKE ROZELL) REQUEST FOR A ONE YEAR EXTENSION Applicant proposes removal of existing homes/buildings and driveway area to construct a new home of 2,201 sq. ft. with porch areas of 274 sq. ft. and 158 sq. ft. footprint. The new floor area is 3,819 sq. ft. The project includes a new driveway area, septic, well, and shoreline plantings. Site plan for new floor area in a CEA. Relief is requested for setbacks. The Zoning Board of Appeals approved Area Variance 1-2023 on January IS,2023.Applicant is requesting a one year extension. With this resolution the Zoning Board of Appeals grants a one year extension that is valid until January IS,2025. MOTION TO APPROVE A ONE YEAR EXTENSION FOR AREA VARIANCE 1-2023, MICHAEL ROZELL. Introduced by Jon Henkel,who moved for its adoption;seconded by Brent McDevitt. Extended to January IS,2025. Duly adopted this 13th Day of December 2023 by the following vote: AYES: Mr. Cipperly,Mrs.Palacino,Mr.Henkel,Mr. Urrico,Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR. UNDERWOOD-First up on the agenda this evening,under New Business, is Cypress Pools for the owner,Mary Cardinale. The project is located at 43 Wincrest Drive. NEW BUSINESS: AREA VARIANCE NO.47-2023 SEQRA TYPE TYPE II CYPRESS POOLS AGENT(S) NADIA WRIGHT OWNER(S) MARY CARDINALE ZONING MDR LOCATION 43 WINCREST DRIVE APPLICANT PROPOSES TO INSTALL A POOL ON A CORNER LOT WHERE THE PLACEMENT IS CONSIDERED A FRONT YARD. THE SITE HAS AN EXISTING HOME OF 1,812 SQ. FT. WITH A 612 SQ. FT. PATIO/PORCH THAT IS TO REMAIN WITH NO CHANGES. RELIEF REQUESTED FOR POOL LOCATION. CROSS REF N/A WARREN COUNTY PLANNING N/A LOT SIZE 0.75 ACRES TAX MAP NO.296.10-1-4 SECTION 179-3-040,179- 5-020 JEFF MOECKEL,REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 47-2023, Cypress Pools, Meeting Date: December 13,2023 "Project Location: 43 Wincrest Drive Description of Proposed Project: Applicant proposes to install a pool on a corner lot where the placement is considered a front yard. The site has an existing home of 1,812 sq. ft. with a 612 sq.ft.patio/porch area that is to remain with no changes. Relief requested for pool location. Relief Required: The applicant requests relief for pool location in the front yard. The project is located on a 0.74 ac parcel in the Moderate Density Residential zone. Section 179-5-020 pool The proposed pool is to be located in a front yard as the parcel is a corner lot. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 3 (Queensbury ZBA Meeting 12/13/2023) 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 area variance.Minor to no 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 an area variance. Feasible alternatives may be limited due to the location of the home on the parcel and the lot shape. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for pool in the front yard. 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 may be considered to have minimal impact on the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing home is to remain with no changes. The applicant proposes to place a pool in the front yard on Wincrest Drive they use as the backyard area. The site plan provided shows the location of the pool. MR. UNDERWOOD-Please identify yourself on the uric before you speak. MR. MOECKEL-My name is Jeff Moeckel. I'm with Cypress Pools. So what we have here is, obviously we're a corner lot. So we're dealing with two front yards on Wincrest and Orchard. Where we've located or want to place the pool is basically looking out at the house on the left hand side. We're well within setbacks for the front, side and rear yard. It's really just we can't place the pool due to septic and leach field in the back. The other side yard obviously is a lot smaller and a lot more confined. Where the pool is proposed to go right now we do have a line of trees that setback even further than that 42 foot stretch, clearly blocking the view from that neighbor on the other side of Orchard. This is clearly the only place that she can put the pool. MR. UNDERWOOD-It seems pretty straightforward. Any questions from Board members? MR.HENKEL-Did you say that the leach is behind the house? You have a septic that says it's in the front here on Orchard. You're saying that the leach is in the back of the house? MR. MOECKEL-The septic I believe. MR.HENKEL-Our septic shows as being on Orchard Drive. MR. MOECKEL-Correct,but that would be considered like the backyard of the house. MR.HENKEL-Not really,but according to. MR.MOECKEL-Well,if you see where that bump out is,that is that 612 square foot enclosed patio. That's what she considers to be the backyard of the house, and that's where the septic is. MR. HENKEL-So to me the back is, well,right there. That's the back end, to me. Why can't it be put there? MR. MOECKEL-So if you look at. MR. HENKEL-What we have, like I said, is the same thing as what's up there. There's no, nothing, description on the back. MR. MOECKEL-So if you look at where Orchard Drive comes around,on that side. MRS. MOORE-Is the aerial useful? MR.MOECKEL-Yes. That's a lot better. So where it comes around,that's where the septic is,and there's also a bunch of trees back there,too. She just doesn't want to clear it out. MR. HENKEL-Right,but when I went to the property on Monday, it looked like it could be put kind of behind the house but closer to Wincrest,on the Wincrest side,not towards,you know,the back. 4 (Queensbury ZBA Meeting 12/13/2023) MR. MOECKEL-When you say on the Wincrest side, can I,is it okay if I? So when you pull in this way, her driveway is here, and over here is what would be the other side yard,I guess. MR.HENKEL-I consider that a back,but,yes. MR.MOECKEL-When you're looking at it from Wincrest,these are the two areas that are considered the two front yards being a corner lot would be my guess. So we've got septic back there. There's very little room over here, and this is just really the best placement for the pool, allowing us all the setbacks. MR.UNDERWOOD-Any other questions from Board members? All right. At this point in time I'll open the public hearing. Is there anybody from the public wishing to speak on the matter? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-Yes, there's a letter. "43 Wincrest Drive is opposite my house at 46 Wincrest Drive. My parents were the original owners and residents of 46 Wincrest Drive, having built it in 1970, and I have lived there for more than twenty years. I don't think I have met the owners of 43 Wincrest Drive,but we often do yardwork at the same time and have waved at each other across the street.If the Zoning Board of Appeals issues a variance for a pool at this location,the applicants will also construct a regulation-height fence around the pool,along Wincrest Drive,to meet safety requirements.In the future the applicants may request approval to build a higher fence to further enhance their privacy.Any fence along Wincrest Drive will be inconsistent with the natural appearance of front yards throughout the neighborhood and may violate original deed restrictions. In addition, a front yard pool will have none of the noise-buffering provided when a pool is behind a house.I appreciate the applicants'desire to install a swimming pool,and I will support the granting of a variance but request the Board of Zoning Appeals'favorable review of the following provisions.With sufficient attention to landscaping,for example,planting a dense row of mature evergreens along the Wincrest Drive side of the fence,the applicants should be able to:1) create a private setting for their pool enjoyment; 2) mute and absorb pool noise and play so that neighbors' peaceful enjoyment is uninterrupted, and 3) assure that neighbors'views are unaffected by the addition of a pool and the fence.I also request that the applicants:4)agree that the neighbors'continued peaceful enjoyment is vital,and that the applicants will be vigilant about noise level and time of day,limit noise and amplified sound to the residential standard of 50 decibels, and provide neighbors with contact information and be responsive to any concerns raised by neighbors in this regard. I respectfully request the Board of Zoning Appeals'favorable review of these modest proposals to minimize the impact of the requested variance on my property and on the neighborhood. Sincerely, Joyce Yaffee, 46 Wincrest Drive, Queensbury, New York" MR. UNDERWOOD-Is that it? MR. URRICO-Yes. MR. HENKEL-In looking at what we have here, it shows the property lines of these other houses with pools and you're talking about the setback problems. All these pools that we see on our sheet here are all like right on the property line. So talking about setbacks,this property could put this pool in the backyard area right on the property line like the rest of these, and to me I'd be happier with that pool being in the back. I'm not really too thrilled with that,it just doesn't fit in that back area. If you ride around in that neighborhood,it just wouldn't fit into that area with it being in the front,because you're talking about a setback problem. We have three pools right here that show they're right on the property lines. So I would be more inclined to approve it if it was in the back. That's my opinion. MR. MOECKEL-In regard to 46 Wincrest's comments,if we were to place a row of arborvitaes in front of that fence,because obviously the pool has to be fenced in and we're able to basically not so much hide the pool,but create that natural environment. Would that satisfy the Board? MR. UNDERWOOD-I believe so. All right. At this time I'll close the public hearing then. PUBLIC HEARING CLOSED MR. UNDERWOOD-And I guess I'll poll the Board. Roy? MR. URRICO-Providing that we do put enough landscaping in there to hide the pool, in addition to the fence,and I'm assuming the fencing will be of the required height,and I don't know that it really describes that here in this,but we're assuming that that's going to be the case,then I would be in favor of it. MR. UNDERWOOD-Mary? 5 (Queensbury ZBA Meeting 12/13/2023) MRS.PALACINO-I would not. I still,you know,looking at another property that also sits with two front yards,if you will, I would tend to think that that pool can be placed other than where it is. I would not be in favor of it. MR. UNDERWOOD John? MR.HENKEL-Yes,I also,like I have said,not as proposed. No. MR. UNDERWOOD-Brent? MR. MC DEVITT-I will support the project, but it is paramount that that row of trees be incorporated into the project. That has to happen for me to support the project. MR. UNDERWOOD-Okay. Dick? MR. CIPPERLY-I would support the project if it were moved into the backyard and maybe even reduce some of the distance required from the property line if it were in the backyard. MR. UNDERWOOD-So as presented you're not in favor? MR. CIPPERLY-That is correct. MR. UNDERWOOD-For myself I think I would approve the project as proposed, as long as you do the arborvitaes in there,but it looks like we're tie vote. MRS. MOORE-Yes. Correct,it's a tie vote. Therefore it wouldn't move forward. There'd be no action. MR. UNDERWOOD-So I think maybe what you'd want to do is come back next month and we'll have a full Board,you know,you can maybe garner that extra vote you need. Also have the applicants think about an alternative if they don't get what you're hoping to approve. So I guess I'll do a tabling motion. RESOLUTION TABLING AV#47-2023 CYPRESS POOLS The Zoning Board of Appeals of the Town of Queensbury has received an application from Cypress Pools. Applicant proposes to install a pool on a corner lot where the placement is considered a front yard. The site has an existing home of 1,SI2 sq.ft.with a 612 sq.ft.patio/porch area that is to remain with no changes. Relief requested for pool location. MOTION TO TABLE AREA VARIANCE NO.47-2023 CYPRESS POOLS(for Cardinale,Introduced by John Henkel who moved for its adoption,seconded by Richard Cipperly: Tabled to January 17`h,2024 with any new information by December 22 d 2023. Duly adopted this 13`h day of December 2023,by the following vote: MR.HENKEL-With any new information by? MRS. MOORE-So, typically, for the applicant, for January's meeting it would be December 15`h, so that only gives you until Friday. So I would like to give you a little bit more time to talk to your client and find out if there's an alternative that you want to present. So I don't know if December 2211d would be. I'm giving him a date to submit information to. So if the applicant provides information by December 2211d then I can keep that applicant on the first meeting in January. MR. UNDERWOOD-Yes,I'm not going to be here for that meeting. So you'll be short one. MRS. MOORE-We'll still be short one. So potentially at the January meeting if there's still, again, not enough votes,the applicant could be tabled to the second meeting. We don't want to table it yet,because you may have alternates by that time. MR. MOECKEL-So what are we hearing? MR. HENKEL-We're going to table it to the 17`h of January, and you're going to have to have any new information by the 2211d of December. MR. MOECKEL-But we're not going to have a full Board on the January 17`h meeting? MR.HENKEL-Then you can always request another tabling if you'd like. 6 (Queensbury ZBA Meeting 12/13/2023) MRS.MOO RE-So what happens in January,there maybe additional Board members appointed. So I don't know if we will not have a full Board yet. So that's why I don't want to push it off. MR. UNDERWOOD-If not,we can do them on the second meeting. MRS. MOORE-If there's a second meeting,yes. MR. MOECKEL-In January? MRS.MOORE-Correct. And just for the applicant,you can give me a call tomorrow and I can go over the information with you. MR. MOECKEL-Are you? MRS. MOORE-I'm Laura. MR. MOECKEL-You're Laura. Okay,so,Laura,you talked to Nadia,right? MRS. MOORE-Yes. MR.MOECKEL-And you guys were both in agreement that that's probably the only place the pool can go? MRS. MOORE-So the question is whether it can fit in that back corner. So I don't know. I don't know what's in the back corner. MR.HENKEL-Can you push it back a little farther or no? Behind it kind of. MR. URRICO-Are you talking towards the road or away from the road? MR.HENKEL-Away from the road. MR. MOECKEL-If we went further toward Orchard. MRS. MOORE-So this is the entrance to the house. This is one side,but it's to us,as a planner,this is the rear. Anything from this point to this point. AYES: Mr. McDevitt,Mrs.Palacino,Mr. Cipperly,Mr.Henkel,Mr. Urrico,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR. UNDERWOOD-Okay. Next up on the agenda is Margie Yarton-Higgins, representing Wal-Mart Business Trust. The project location is 24 Quaker Ridge Boulevard. SIGN VARIANCE NO. 7-2023 SEQRA TYPE UNLISTED MARGIE YARTON-HIGGINS AGENT(S) MARGIE YARTON-HIGGINS (MMA) OWNER(S) WALMART RE BUSINESS TRUST ZONING CI LOCATION 24 QUAKER RIDGE BLVD. APPLICANT PROPOSES TO INSTALL 7 WALL SIGNS AND REFACE THE EXISTING 36 SQ. FT. FREESTANDING SIGN (NO CHANGE IN SIZE OF FREESTANDING). THE FOLLOWING SIGNS ARE PROPOSED WITH BLUE BACKING; RECYCLE GROCERY; MAIN WALMART WITH SPARK; VISION, HOME &z PHARMACY; PICK UP; OUTDOOR. SIGN VARIANCE 3-2019 GRANTED 7 WALL SIGNS. PROPOSED FRONT SIGN WALMART WITH SPARK LOGO IS 297.62 SQ. FT. (220 SQ. FT. EXISTING);HOME&z PHARMACY 317.53 SQ.FT. (EXISTING HOME&z LIVING IS 31.23 SQ.FT.); GROCERY 317.44 SQ. FT. (EXISTING GROCERY &z PHARMACY IS 40.80 SQ. FT.); PICKUP WITH ARROW 40.83 SQ.FT. (EXISTING 38.69 SQ.FT.);RECYCLE 13.47 SQ.FT. (EXISTING 4.83 SQ. FT.); VISION 8.19 SQ. FT. (EXISTING 7.42 SQ. FT.); OUTDOOR 20.67 SQ. FT. (EXISTING LAWN&z GARDEN 29.14 SQ. FT.). PREVIOUS OVERALL SQUARE FOOTAGE WAS 372.12 SQ. FT. AND PROPOSED IS 1,015.75 SQ. FT. RELIEF REQUESTED FOR NUMBER AND SIZE OF SIGNS. CROSS REF SP 66-2023;SV 3-2019;SP 9-2019;SV 9-2017,SP 59-2017 WARREN COUNTY PLANNING DECEMBER 2023 LOT SIZE 33.27 ACRES TAX MAP NO. 303.15-1-25.1 SECTION 140 STAFF INPUT Notes from Staff, Sign Variance No. 7-2023. Margie Yarton-Higgins, Meeting Date: December 13, 2023 "Project Location: 24 Quaker Ridge Blvd. Description of Proposed Project: Applicant proposes to 7 (Queensbury ZBA Meeting 12/13/2023) install 7 wall signs and reface the existing 36 sq. ft. freestanding sign (no change in size of freestanding). The following signs are proposed with blue backing: Recycle,Grocery;Main Walmart with Spark;Vision, Home & Pharmacy; Pick Up; Outdoor. Sign Variance 3-2019 granted 7 wall signs. Proposed front sign Walmart with Spark logo is 297.62 sq. ft. (220 sq. ft. existing);Home&Pharmacy 317.53 sq. ft. (existing Home&Living is 31.23 sq.ft.),-Grocery 317.44 sq.ft.(existing Grocery&Pharmacy is 40.50 sq.ft.),- Pickup with arrow 40.S3 sq.ft. (existing 35.69 sq.ft.),- Recycle 13.47 sq.ft. (existing 4.54 sq.ft.);Vision 5.19 sq.ft. (existing 7.42 sq.ft.);Outdoor 20.67 sq.ft. (existing Lawn&Garden 29.14 sq.ft.).Previous overall square footage was 372.12 sq.ft. and proposed is 1,015.75 sq.ft.. Relief requested for number and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 33.S9 ac in the Commercial Intensive zone. Section 140-Sign The signs proposed are 7 and greater in size than existing: • Front sign Walmart with Spark logo is 297.62 sq.ft. (220 sq.ft.existing); • Home&Pharmacy 317.53 sq.ft. (existing Home&Living is 31.23 sq.ft.); • Grocery 317.44 sq.ft. (existing Grocery&Pharmacy is 40.50 sq.ft.),- • Pickup with arrow 40.S3 sq.ft. (existing 3S.69 sq.ft.); • Recycle 13.47 sq.ft. (existing 4.54 sq.ft.),- • Vision 5.19 sq.ft. (existing 7.42 sq.ft.); • Outdoor 20.67 sq.ft. (existing Lawn&Garden 29.14 sq.ft.). • Previous overall square footage was 372.12 sq.ft. and proposed is 1,015.75 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 to no 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 or remove the blue background proposed for three of the signs. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. 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 to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing building of 156,550 sf is to remain and the approved addition of 5,202 sf is to be constructed with no changes. The project is for a new signs to advertise for the Walmart's sign brand package. The plans show the signs existing and proposed. The Quaker Walmart recently received approval for an addition that would relocate the pick-up area on the southeast side." MR. UNDERWOOD-Please identify yourself. MR. DANZA-Edward Danza with MMA Architects. Currently there's an existing seven signs and we understand that you consider the blue paint as part of the signage, especially at the vestibule area,which has totally thrown our numbers out of whack. The intent of the blue, especially in the vestibule area, is not to be considered part of signage. Wal-Mart currently is going thought a re-imaging and it's trying to bring their fleet together as one image. The purpose for the vestibule area in these locations is to accentuate the vestibules and enhance the entrance. This is no difference,I was driving here when I believe it was on Aviation Road near Burger King, where they had their signs over their entrances and they had these black backgrounds off the vestibule areas. So this is the same thing. We're not changing materials. We're just painting between the vestibules. Like I said,this is just to initiate Wal-Mart,to unify all their building types to incorporate the blue paint. We feel that the blue paint is being placed,you know, even if you can see,if you scroll up a little bit,you know,not just putting it on the face of the vestibules, as you can see the two upper right hand. We are wrapping the blue to be as one to encompass the whole vestibule area, again,just like they did at that Burger King on Aviation Road. So if we did not include the blue as S (Queensbury ZBA Meeting 12/13/2023) part of the signage,we would actually be reducing the signage with the new signs. The existing right now is 372. If you took out the blue,you would actually be down to 334.75. Okay, and if you only include the blue badge,then we'd be going up to 517. That would be for the main Wal-Mart id. MR. HENKEL-But you're still over the amount of signage that's allowed. It's not so much the square footage,it's the amount of signs that are allowed. MR. DANZA-We're not changing the numbers. MRS. MOORE-Right. The number stays the same. MR.HENKEL-Okay. MR. DANZA-They're staying the same. MR. UNDERWOOD-Laura, question for you. When we designed the, I know when we did the Route 9 store they wanted to keep the Adirondack colors,you know,to tone it down from the usual white and blue Wal-Mart store. So I see this is sort of going in that direction,the opposite of what we originally intended. So that's just for the benefit of the Board members,so you know what the Town was proposing initially. MRS. MOORE-That's correct. MR. UNDERWOOD-Any questions from Board members? MR. URRICO-I want to know,you know,you go into areas that have stricter sign laws than we do and you actually change according to what's allowed. We crafted this very carefully back when it opened and we crafted it again very carefully in 2019 when you came in for seven signs,and now we seem to be trying to blow that out of the water. I know you talk about the blue background and Burger King. Burger King doesn't have seven signs. They don't have a total of 1,000 square feet. So I think we need to do some better math in trying to limit the amount of this excessive signage that we have here, either the number or the size of them. We have to bring this down. You're talking about two-thirds bigger than it was. So whatever way you look at it,this has to be brought down. That's my opinion. MR. UNDERWOOD-Anybody else want to comment? MRS. PALACINO-Yes. I have an issue with, all right, so we allowed the seven signs,but the size of the signs I think is outrageous. People come to Wal-Mart. They know that you have grocery. They know that there's a pharmacy. I don't understand why the size of Home and Pharmacy goes from 31 square feet to 317. It's overkill. MR. DANZA-That's why it's all included in the blue. That's all including the blue. If you take out the blue,we actually go down in square footage. MR. URRICO-Can we take out the blue? MR.DANZA-Well I meant in calculations. We'd like to keep the blue because the blue is also,like I said, we're trying to bring the fleet together. MR. URRICO-But not every Wal-Mart has that blue. MR. DANZA-They're moving that way. MR. URRICO-Where it's allowed. Where you can. MR. DANZA-Correct. There's some states,I'll be honest with you,Hilton Head,South Carolina does not like,doesn't go,the blue just period any blue, anywhere. They won't allow us. Actually that one's a grey scheme. This is a brown scheme. So I was able to change the color to a different grey. They like to keep the blue at the vestibules just essentially, here are the vestibules. The sign Home & Pharmacy tells you, you know, this is where you go if you want the pharmacy, for home goods and groceries will tell you if you're just going for groceries to go into this entrance. So that's what the blue is for. That's what the signs are for. If it's just an issue with the blue,like I said,we consider the blue just more of an architectural accent than signage. If this Board is always going to consider it a signage,then I could paint it something else to get the signage down. MR. MC DEVITT-I apologize. When it comes to signs, since I've joined the Board,I feel sometimes like we go in a few different directions and I'm just trying to understand this better. What is the blue doing specifically to this? 9 (Queensbury ZBA Meeting 12/13/2023) MRS.MOO RE-So the blue is considered sign. So once they added that background to the sign,it became, the sign square footage got enlarged. So that's why when you see the grocery going to 317 versus 40,the 40 is the white signage, and then there's brown. Brown colors the majority of the facade. So once they added the blue background to it,it became signage. MR.HENKEL-So if the building was all blue it wouldn't matter. MRS. MOORE-Right. MR. MC DEVITT-It's color choice that when I look at say Home and Pharmacy, I see existing 31.2 and I see,tried to go to 317. That's about a ten-fold increase,but it's ten-fold because of the blue. MRS. MOORE-Correct. MR.MC DEVITT-And that holds true to these other ones where it's eight fold or six fold or four fold. It's because of the blue. MRS. MOORE-There's only three. MR. MC DEVITT-Because you've got to appreciate, when you look at these from an increase in square footage,just on a piece of paper here,I mean,those look scary to someone that perhaps is not understanding the color issue that we're discussing here. So I guess I also would just point that,and Mary kind of touched on this. I know when I get to Wal-Mart and I pull in,I know that I'm at Wal-Mart. Right? You don't have to sell me why I'm there or what I'm doing. I'm at Wal-Mart,and it just feels like a lot of signs when I already know where I'm at. So there's not really a question here. It's just more an observation, but I guess I'm just kind of struggling with the numbers involved here. It feels very,very voluminous to me. MR.DANZA-Well,each sign directs you,again,I just said,the Home and Pharmacy if you're just going for your prescription pickup or something for your house you go to this entrance, groceries if you're going more for the groceries you go in this entrance. We also have the pickup sign. You can do on-line pickup. Most of these signs are more wayfaring. The Vision center is more wayfaring. That's why we have so many signs is because they have so many different businesses running, you know, departments in their store,to help the person coming in to say,you go to this Wal-Mart you use this Wal-Mart. Go to a different Wal-Mart, the Home and Pharmacy and Grocery may be switched. You wouldn't know that until you pull in,you know,you wouldn't know where the pickup was if you went to a different Wal-Mart. You're used to your home Wal-Mart. So that's why there's so many signs on a Wal-Mart building. Okay. Again, like I said,yes,the blue is to kind of pull in, and you always know,you know, some Wal-Marts only have one entrance. Supercenters have two entrances. So this is to kind of pull the whole fleet in and say here's our entrance. That's what the blue at the entrances are for. MR. HENKEL-The business across from me has two entrances, okay, and there's only one entrance that you can go into. The other door has a big ass arrow on it that says "use other door". People are always trying to go in that door. They read signs all day. It's like, come on. This is a unique place because it's the only business that's back there. So you know it's a Wal-Mart when you get back there and Wal-Mart's got everything. MR. MC DEVITT-I've never pulled in there not knowing that I'm at Wal-Mart MR.HENKEL-So like I said I think we made a mistake by probably allowing too many signs to begin with. What he's trying to do with the blue background I guess really doesn't bother me at all because it's just a background,but we did the damage in the beginning to allow so many signs to begin with. So it's probably too late. MRS.PALACINO-But it isn't because we can still limit the amount of blue. MR. URRICO-Does the pharmacy sign have to go up? I thought it's a law of some kind that a pharmacy has to be noted on the front of the building, especially for a superstore, any kind of supermarket or anything. I thought that was the case. So the pharmacy sign has to be there,but I thought it had to be standalone. MR. DANZA-No. MR. URRICO-No? MR. DANZA-There are other Wal-Marts with their pharmacies on the grocery side. So that's why it's telling you Home and Pharmacy is this way. MR. URRICO-I usually go in one entrance and go to where I have to go. 10 (Queensbury ZBA Meeting 12/13/2023) MRS. PALACINO-And in fairness you've put us in a position of, because Wal-Mart opts to change its department locations within each entity there's the perceived notion that they need all of these signs to tell them. When Igo to the Wal-Mart,I find a parking space and then I just add a couple of more steps to my walk to find where I want to be within the store. I just,yes. MR.CIPPERLY-The new pickup area,it's good to have signs that direct people to this new pickup area in the building. MRS.PALACINO-Yes. MR.CIPPERLY-In terms of the whole collection of signs with the blue,this site sits so far off the road you need help finding. I think part of my concern is,if this were the Route 9 location,and we're looking at the same thing, we might come to a different conclusion. I guess in terms of that, I would support this one, but I would probably not support a similar thing on Route 9. MR. UNDERWOOD-All right. Any other questions from Board members? MR.MC DEVITT-I just think,long-term,that consistency in how the Board handles signs in communities is going to be very important. I sometimes feel like we're going in a few directions, but I do appreciate that this site is really, it's off the road. I mean it's, the one on Route 9 is not, and I would feel the same exact way,relative to them,but this thing is really pushed back there,and I don't think it's really affecting a whole lot. There's a lot of big signs,blue or not. MR. UNDERWOOD-Any other questions? I'll open the public hearing at this point. Anybody from the public wishing to speak on the matter? Any correspondence? PUBLIC HEARING OPENED MR. URRICO-No correspondence. MR. UNDERWOOD-All right. I think the Board's pretty clear as to what's being asked here, and I think that the primary thing to consider is the fact that they're asking for the blue backgrounds and that's what's triggering the massive increase in the size. For myself and as the Chairman,and having been involved with the sign approvals previously on these other proposed Wal-Marts in Town, I think that we were pretty consistent when we did the approvals previously that we wanted them to maintain subdued colors on the building and not have blue on the building,which I think was an issue we proposed when they first came to Town. So at this point in time I think I'll poll the Board. I'll start with Brent. MR. MC DEVITT-I'll support the project,Mr. Chairman. MR. UNDERWOOD-Dick? MR. CIPPERLY-I think I would support the project. MR. UNDERWOOD John? MR.HENKEL-Yes,I guess I'd support it. MR. UNDERWOOD-Mary? MRS.PALACINO-Yes. MR. UNDERWOOD-Roy? MR. URRICO-I do not support the project as it is. MR. UNDERWOOD-For myself I do not support the project either. I think that,you know,going to the blue background is a big mistake because they're going to propose this for the other store in Town and I think,in that instance there,it does not fit previous approvals. John,do you want to do the SEQR? MRS. DWYRE-Can you just close the public hearing. MR. UNDERWOOD-I'll close the public hearing. MRS. DWYRE-Thank you. PUBLIC HEARING CLOSED 11 (Queensbury ZBA Meeting 12/13/2023) MOTION REGARDING SIGN VARIANCE NO.7-2023.APPLICANT NAME: MARGIE YARTON- HIGGINS 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 James Underwood who moved for its adoption,seconded by John Henkel: Duly adopted this 13`h Day of December 2023,by the following vote: AYES: Mr. Cipperly,Mrs.Palacino,Mr.Henkel,Mr. Urrico,Mr. McDevitt NOES: Mr. Underwood ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR. HENKEL-I'm going to tell you right now,I'm changing my vote to no for the,I don't agree with it. I think we're heading in the wrong direction. So I'm going to say no on this. So that's going to change it. MRS. MOORE-Yes. MR. UNDERWOOD-So that's three to three then. MR.HENKEL-SEQR's different than saying yes or no. MRS. MOORE-Yes. Correct. MR.HENKEL-I'm yes on the SEQR,but. MR. UNDERWOOD-Well it looks like then you're going to end up with a tie vote,three and three. MRS. MOORE-So it's a no action vote, at the moment. MR. DANZA-If we stay with,okay. MR.UNDERWOOD-I think if you stay with the signs as proposed,and you don't do the blue background, you're good to go. MR. DANZA-Okay. As long as we pick one of the brown colors. MR. UNDERWOOD-As long as you stay with the brown colors. MR. MC DEVITT-Does that do it for the Board? MRS. MOORE-So a brown color being the entire facade of the building is the same color. MR. DANZA-No, it would still be different colors. It's different colors now. It would actually be the medium brown,the P-120. MRS. MOORE-So the current background,that current brown that's on there,would be the same brown that's there today? MR. DANZA-Correct. It would be the P-124,if you have the drawings in front of you. It's the medium brown. MR. CIPPERLY-Is that the brown where the signs are today? MR. DANZA-I don't recall. MR. UNDERWOOD-You're going to have to keep it the same background as what's behind the signs where you're proposing them. You can change it to a different color brown. MR. DANZA-If you zoom in,I believe it's the same brown as the bottom. So we'd be making the whole elevation the one color. MR.HENKEL-Was it P? MR. DANZA-124. MRS. MOORE-So this color. 12 (Queensbury ZBA Meeting 12/13/2023) MR. DANZA-That color would be P-124,and so would the whole vestibule. MRS. MOORE-Okay, and then this would be white and this would be yellow,no blue. MR. DANZA-Correct. MRS. MOORE-Okay. And then this would be,what color would this be? MR. DANZA-P-124. MRS. MOORE-Okay. MR.DANZA-So we're painting the whole building,that would be the color. We're changing the colors of what it is. MRS. MOORE-Yes,so that is not a sign. MR. DANZA-So that would be considered not a sign. MRS. MOORE-Right. Okay. MR. DANZA-So if we go all P-124,the signs would all be approved? MR. UNDERWOOD-Yes. MRS. MOORE-Yes. MR. CIPPERLY-Do we need to take any action at all? MRS. MOORE-Absolutely. You need to amend your,so I'd probably re-state the motion,noting that the blue backgrounds are being removed. MR. UNDERWOOD-All right. We'll ask for a re-do of the SEQR, then. In this instance here with the SEQR. I'll make a motion regarding Sign Variance No. 7-2023. Again based on the information and the analysis of the above supporting documentation provided by the applicant finds that the signage as proposed will include the same coloration as currently exists where the sign will be placed on the wall, other than the yellow lettering on the signs for the different zones of the building. MRS. MOO RE-So I'm just going to correct that. So the whole facade is being changed in color. So it's as proposed with no blue,the facade is as proposed with no blue coloring. MR. UNDERWOOD-So all signage will include no blue backgrounds, and it will be brown as proposed by the applicant. All right. MOTION REGARDING SIGN VARIANCE NO.7-2023.APPLICANT NAME: MARGIE YARTON- HIGGINS 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 James Underwood who moved for its adoption,seconded by John Henkel: Duly adopted this 13`h Day of December 2023,by the following vote: AYES: Mr. Cipperly,Mrs.Palacino,Mr.Henkel,Mr. Urrico,Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR. UNDERWOOD-Okay. I'll make a motion to approve. The Zoning Board of Appeals of the Town of Queensbury has received an application from Margie Yarton- Higgins. Applicant proposes to install 7 wall signs and reface the existing 36 sq. ft.freestanding sign(no change in size of freestanding). The following signs are proposed with blue backing: Recycle, Grocery; Main Walmart with Spark;Vision,Home&Pharmacy;Pick Up;Outdoor. Sign Variance 3-2019 granted 7 wall signs. Proposed front sign Walmart with Spark logo is 29�.62 sq ft (220 sq ft existing),- Home Pharmacy W i sq. ft (existing Home,a,-L ng is 4.2i sq.ft);Grocery W n n sq.ft (existing r- oee y & Ph.,,.,Y,ae ;s nn 80 sq ft); Pickup with arrow 40.53 sq. ft. (existing 35.69 sq. ft.); Recycle 13.47 sq. ft. 13 (Queensbury ZBA Meeting 12/13/2023) (existing 4.84 sq. ft.),- Vision 8.19 sq. ft. (existing 7.42 sq. ft.),- Outdoor 20.67 sq. ft. (existing Lawn Garden 29.14 sq.ft.).Previous overall square footage was 372.12 sq.ft.and proposed is 1,015.75 sq.ft..Relief requested for number and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 33.89 ac in the Commercial Intensive zone. Section 140—Sign The signs proposed are 7 and greater in size than existing: • Front sign Walmart with Spark logo is 299 .62 sq rt ( 20 sq ft exi ting),- • Home&Pharmacy 317.53 sq.ft. (existing Home,a,-r;z ng is 4.2i sq.ft),- • Grocery z»n n ft (existing GfoeeM &Dh,,,.,,,ae is n 0.80 sq.ft),- • Pickup with arrow 40.83 sq.ft. (existing 38.69 sq.ft.); • Recycle 13.47 sq.ft. (existing 4.84 sq.ft.),- • Vision 8.19 sq.ft. (existing 7.42 sq.ft.); • Outdoor 20.67 sq.ft. (existing Lawn&Garden 29.14 sq.ft.). • Previous overall square footage was 372.12 sq.ft. and proposed is rn, c SEQR Type:Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No.7-2023.Applicant Name:Margie Yarton-Higgins based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds that the signage as proposed will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by James Underwood who moved for its adoption,seconded by John Henkel: Duly adopted this 13`h Day of December 2023,by the following vote: AYES: Mr. Cipperly,Mrs.Palacino,Mr.Henkel,Mr. Urrico,Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe A public hearing was advertised and held on Wednesday,December 13,2023. 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? No. These are basically just slightly larger than what was previously there. The applicant has also agreed to remove the blue background as proposed and will keep it as muted, earth-tone shades as the building will be painted. 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. They've agreed to remove the blue backing. 3. Is the requested sign variance substantial? In this instance,now that they've reduced the size,no. 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 because they want to change, upgrade the signage on the building. 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: a) The front sign Wal-Mart with spark logo is now 115.67. b) The Home and Pharmacy is now 94.9. c) The Grocery is now 41.05. d) The overall square footage is now 334.78. 14 (Queensbury ZBA Meeting 12/13/2023) Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does Dot Deed to read the followingA through F): 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 7-2023 MARGIE YARTON-HIGGINS,Introduced by James Underwood,who moved for its adoption,seconded by Brent McDevitt: Duly adopted this 13`h Day of December 2023,by the following vote: MR. UNDERWOOD-Do I need to read in the square footages as proposed? It's going to make it smaller now. Right? MRS. MOORE-So you're going to note that the blue background coloring for their specific signage. So the blue background coloring for the front sign Wal-Mart with spark logo will be reduced and I don't know if you have the actual. MR. URRICO-It's basically the Home and Pharmacy that's changing? MR. DANZA-Actually I have it right here. MRS.PALACINO-And it should be Grocery,too. MR. MC DEVITT-317. MR. URRICO-And then what about the front wall sign,the Wal-Mart with the spark? MR. DANZA-Home and Pharmacy would be 94.4 square feet. The Wal-Mart with the spark, I believe that's 105 if I'm doing my math correctly. MRS. MOORE-Ninety-three and ten and twenty-two point seven, is that the two that you're adding together? MR. MC DEVITT-Yes. MRS. MOORE-I have 115.67. MR. DANZA-115.67 and the Grocery would be down to 41.5,which would give us a total of 334.7E square feet. MR.HENKEL-Which is less than the original. MR. DANZA-Correct. MR. URRICO-So we're approving the number of signs. MR.HENKEL-The number of signs were approved previously. MRS.MOORE-No,I was going to say,the number of signs has been approved,but the size of each of those signs has been increased. 15 (Queensbury ZBA Meeting 12/13/2023) MRS.PALACINO-In the appeal. MRS. MOORE-So the recycle sign was 13. Now it's going to down to four, but Vision is, it's going up, sorry. Recycling is from 4.54 up to 13.47. MR. DANZA-The overall has dropped because the original Wal-Mart with the spark was 220. So that's where we're losing a lot of square footage. MRS. MOORE-So now it's 115. MR. DANZA-Yes. MRS. MOORE-Give or take. AYES: Mr. Henkel,Mrs.Palacino, Mr. McDevitt,Mr. Cipperly,Mr. Urrico,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR. DANZA-Thank you. MR.UNDERWOOD-All right. Last on the agenda this evening is AJ Signs representing WellNow Urgent Care which is located at 920 State Route 9. SIGN VARIANCE NO. 8-2023 SEQRA TYPE UNLISTED AJ SIGNS AGENT(S) WELLNOW URGENT CARE OWNER(S) QUEENSBURY REALTY PARTNERS LLC ZONING CM LOCATION 920 STATE ROUTE 9 APPLICANT PROPOSES TO INSTALL 4 WALL SIGNS OF 68.18 SQ. FT. ON EACH SIDE OF THE RECENTLY CONSTRUCTED WELLNOW BUILDING. THE SIGNS ARE TO BE INTERNALLY LIT WITH INDIVIDUAL CHANNEL LETTERS. THE EXISTING BUILDING OF 3,516 SQ. FT. WAS RECENTLY CONSTRUCTED AND IS TO REMAIN WITH NO CHANGES. THE EXISTING FREESTANDING SIGN OF 41.50 SQ. FT. TO REMAIN. THE PARCEL IS A CORNER LOT ALLOWING TWO WALL SIGNS OF 30 SQ. FT. EACH AND ONE FREESTANDING SIGN. RELIEF REQUESTED FOR NUMBER OF SIGNS AND SIZE OF SIGNS. CROSS REF AV 6-2023;SP 8-2023 WARREN COUNTY PLANNING DECEMBER 2023 LOT SIZE 0.52 ACRES TAX MAP NO.296.17-1-45 SECTION 140 TOM WHEELER, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Sign Variance No. 5-2023,AJ Signs,Meeting Date: December 13,2023 "Project Location: 920 State Route 9 Description of Proposed Project: Applicant proposes to install 4 wall signs of 6S.1S sq. ft. on each side of the recently constructed WellNow building. The signs are to be internally lit with individual channel letters. The existing building of 3,516 sq. ft. was recently constructed and is to remain with no changes.The existing freestanding sign of 41.50 sq.ft.to remain.The parcel is a corner lot allowing two wall signs of 30 sq.ft.each and one freestanding sign. Relief requested for number of signs and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 0.516 ac and is located in the Commercial Intensive Zone Section 140—Signs Proposed are four wall signs of 6S.1S sf each where two wall signs of 30 sf are allowed. 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 to no impacts to the neighborhood may be anticipated. 16 (Queensbury ZBA Meeting 12/13/2023) 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 number of walls signs. The existing freestanding sign can be seen north and south of Route 9. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for four wall signs where only two are allowed. Size of wall sign of 3S.1S sf in excess of allowed size. 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 to no impact on the environmental conditions of the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing building of 3,516 sf recently constructed is to remain with no changes. The applicant proposes to install the WellNow brand signage package to a new health services building. The plans show the location of the wall signs on the site." MR. UNDERWOOD-Please identify yourself for the record. MR.WHEELER-My name's Tom Wheeler. I'm with AJ Sign Company. This is a typical WellNow. I'm sure you guys are familiar with that at this point since they're on just about every street corner. All the WellNow buildings are pretty much the same,the same color scheme. They have the red awnings around them, and it's an urgent care. So the Number One priority for WellNow is that people can get there and get there quickly and find the WellNow and are familiar with it so when they do have a medical need or emergency they can get to the WellNow to know where they're going. This is a corner lot. The monument sign is already up. It's the sign that was there previously. It just has a new face in it. So we're proposing signs on all four sides of the building. They're all the same,internally illuminated channel letters,blue and red faces. These WellNow signs don't cast a lot of light. I will say that the blue and the red are probably the two worst lighting colors for internally illuminated letters. So they're not real bright. They're visible. You can see them,but it's not areal super bright sign. The logo itself,the WellNow is big,and then Urgent Care is the smaller letter. Those are only nine inch tall letters. So that's their logo lockup and they stick with that lockup so we want to get this big enough that Urgent Care is able to be manufactured, and contain LED's and it's also visible. The buildings were really designed architecturally for the signs to fit on the facades, again,and be seen so people will know where WellNow is. MR. UNDERWOOD-Questions from Board members? MR. CIPPERLY-Is this the same size sign and letters as on Main Street? MR.WHEELER-Which one? MRS. MOORE-The Broad Street. MR. UNDERWOOD-The Main Street,Broad Street. MRS. MOORE-Going into Glens Falls. MR.WHEELER-I'm not positive,but most likely. Most of them are similar. MR.HENKEL-I don't see,that one doesn't have WellNow on all four sides. MR. UNDERWOOD-It's a corner lot,too. MR.HENKEL-Is there a need to have the same size? Especially on the,what would be the south side,and also the parking lot side,is there really a need? Once you're in the parking lot, do you really need to have a sign as big as 6S square feet? I can see the two, the one on the Route 9 side and the one on maybe the Sweet Road side,but definitely I have a problem with the,because you've got a freestanding sign already in the front which is going to attract the people on Route 9. Do you really need to have a sign on the south side? MR.WHEELER-The south side would be Sign D? MR.HENKEL-Yes,it would be. I just think the for the size of the building,the size of the lot,there's way too much signage. That's my personal opinion. MR. URRICO-The only entrance to the building is on the Sweet Road side? 17 (Queensbury ZBA Meeting 12/13/2023) MR. WHEELER-Yes, the entrance to the parking lot is on Sweet Road, and the entrance is Sign C. The parking lots. MR.URRICO-Because I noticed,when you could see the concrete pad,it was really out to the Sweet Road side. Is that C? MR. WHEELER-Sign C is facing the parking lot in the back. The parking lot's kind of the back of the building. We do typically want a sign over the door. Just when you pull in you go kind of to the sign to the door. If you're more comfortable shrinking Sign C,I'm sure we could do that. MR.HENKEL-Yes,I'd be on board if you shrink C and D. MRS.PALACINO-C and D? MR.HENKEL-C and D. You've already got a freestanding sign on Route 9. You know when you're coming up the road you can see it. Do you really need to have another sign on the building? And there again people use their GPS and that,they use their cellphones. It tells them you are now there. MR WHEELER-If it's a true medical emergency you're not going to use your GPS. You're going to look for the building. We could shrink the letters down. Urgent Care can't be smaller than six inches. Smaller than six inches we can't manufacture, we can't get the LED's in there. So now if we shrunk this proportionally down so that the Urgent Care was six inches on Sign C and D,would that make you more comfortable? MRS. PALACINO-I don't see a reason for signage on the D side of the building in any event. It's not an entrance. I know there's a door there. I assume that's a staff door,entryway. MR.WHEELER-It's really not for pedestrian traffic. It's more for the people coming up Lake George Road to see the WellNow side of the building. MR. URRICO-But they have the freestanding sign in front. MR.WHEELER-They do. MR. URRICO-That's going to be seen before anything else. MRS. PALACINO-Yes. As you're driving north on Route 9, and I drove it today, the building is very distinctive. It's very clearly WellNow, and the other, the signs to the east and west, which would be B and C, I could see where it's appropriate to have those signs,but A&D on the two, if you will the short sides of the building,you know,A almost is on Sweet Road because of the way the building is constructed. The signage I think is overkill. I don't think we need A. I don't think we need D and probably C needs to get sized down a little bit. At that point, as was said, you're in the parking lot. Most people who need urgent care are not going to be walking to urgent care. They're going to be driving to urgent care,if that's what they need. MR.WHEELER-And right there is why D is important. That's the main road,Lake George Road. They're going to be driving up Lake George Road. They're going to see the monument sign,but that monument sign is not nearly as effective as Sign D. Sign D,that's your main road. Sign D is an important sign. MRS. PALACINO-But you've got Sign E which is visible north and south on Route 9. MR.WHEELER-It is,but like I said,that monument sign is not nearly as effective as. MRS.PALACINO-And as you're approaching that from the south,the front of the building,the side of the building that faces north,that faces Route 9 is staring you in the face. I mean it's a huge area for that sign. That's my two cents. MR.HENKEL-I agree. As you're driving up that road there's no doubt you're going to spot the sign that's probably on the front of the building more than on the side of that building. MRS.PALACINO-Yes. MR.HENKEL-So I would agree. MR. UNDERWOOD-Your competition up the road at Mount Royal Plaza urgent care only has one sign on the building. It's parallel with the road. They have a small one on the marquee sign out front. MRS.PALACINO-Yes. 18 (Queensbury ZBA Meeting 12/13/2023) MR. UNDERWOOD-That's all they have. MR.WHEELER-They're in a plaza,though. MR. CIPPERLY-So I think I hear that they would support the sign that faces Route 9 and the sign that faces Sweet Road,or the sign on the south side of the building. MR.UNDERWOOD-The standalone sign is already in place,which is a moot point,but I think,you know, they're allowed two signs of 30 square feet and they're asking for four signs of 6S square feet,which to me seems an excessive signage for any standalone building. MR.HENKEL-Especially for the size of the lot and building. MRS.PALACINO-Yes. MR.URRICO-I think if anything there needs to be some type of direction into the parking lot from Route 9. I mean if you don't know where the parking lot is,you could conceivably drive past it. MR.WHEELER-A directional sign. MR. URRICO-A directional sign to the parking lot. I can see that being more effective than having four signs on the building. Somewhere. MR.WHEELER-So if we were to shrink down C drastically,shrink down the A and D on the short sides. MR.HENKEL-I'm for limiting D,but that's my opinion. MR.WHEELER-You'd like to see D gone. Okay. MR.CIPPERLY-And I can't remember what's on,all I can remember on the main street one is the sign that faces Main Street. I don't remember a sign on the side of the building at all. MR. UNDERWOOD-I don't think there's one on the backside either. MR. URRICO-You're talking the one down in West Glens Falls now, down by Steve's? MR. CIPPERLY-Across from Hannaford. MR. UNDERWOOD-Because the backside faces Walgreens. MR.HENKEL-There's four sides,but they don't have signs on all four sides. MR. CIPPERLY-So how about we could do a directional sign for parking and the sign on Route 9. Most of us are saying we could support a sign on Route 9. MR. MC DEVITT-The freestanding sign is already a given. Is it not? Sign B? MRS. MOORE-Correct. MR. MC DEVITT-That's already there. MR.HENKEL-That's the old Gamble's. MR. MC DEVITT-And it doesn't appear that Sign A is of issue. I don't want to speak for anybody else. It's more D that appears to be the issue. We don't like D. MR.WHEELER-See these signs here are huge,because this WellNow is part of the St.Peter's. So it's got that extra sign. MR.HENKEL-All right,advertising St. Peter's affiliated. MRS.MOORE-So that was not reviewed by the,it's reviewed in the City of Glens Falls. So this has nothing to do with Queensbury. MR. WHEELER-That's what I'm saying, these are different signs because they have the St. Peter's affiliation whereas this one for some reason doesn't have that. MRS.MOORE-So this sign would be eliminated,and this sign would be reduced. This sign stays as is,6S. 19 (Queensbury ZBA Meeting 12/13/2023) MRS. PALACINO-And keeping A? Is there a need for Sign A? MR. HENKEL-There again,A could be smaller, C can be smaller, D eliminated, and same size on B which would be the front. MRS. MOORE-B what size? MR.HENKEL-B is the front side. MRS. MOORE-I know,but what size,sorry. MR.HENKEL-I would be okay with the 6S. MRS. MOORE-Sixty-eight. MR.WHEELER-On what one? MR.HENKEL-The front. MR. CIPPERLY-Route 9. MR.HENKEL-All there is is the freestanding sign. MR. MC DEVITT-What about A? What about what's facing? MR. UNDERWOOD-A and D don't need to be there. MR.HENKEL-Definitely D doesn't. MR. URRICO-I'm hearing different things from different people. I think we're going to have to come to a consensus about this. So far nothing has been approved. MR.WHEELER-So what I'm hearing is eliminate D. Shrink C,Shrink A,leave B as it is. MR. CIPPERLY-I don't think you're hearing shrink anything. MR. URRICO-Yes. I think we heard eliminate on signs. MR. UNDERWOOD-Eliminate A and D and keep C and B. MR.HENKEL-Keep C and B. Eliminate A and D MR. UNDERWOOD-Eliminate A and D,north side, south side. West side, east side keep. What do you guys think about the size of C? MR.HENKEL-C can be smaller because once you're in the parking lot. MR. URRICO-So what's the consensus about the size? What are we approving? MRS. MOORE-C,Letter C. MR. URRICO-Okay. That's okay. So Letter C they're talking about reducing. MR.HENKEL Just making it smaller. MRS. MOORE-Making it smaller. MR. UNDERWOOD-C could be compliant. MRS. MOORE-Can you make C 30 square feet? MR.HENKEL-And 6S.1S for the front,for B. MC DEVITT-But are we saying A&D are? MRS. MOORE-Cone. MR. UNDERWOOD-A&D are gone. 20 (Queensbury ZBA Meeting 12/13/2023) MR. MC DEVITT-We're having a pretty open discussion here, Mr. Chairman. Is it okay if I just mention one thing? MR. UNDERWOOD-Sure. MR. MC DEVITT-When I'm looking at a medical facility, and I'm looking at an urgent care facility, and I'm looking at a potential emergency situation,and I'm looking at Lake George to the north and I'm looking at a tourist population that does not know the area, and I'm thinking of a bad accident that occurs and someone is rushing from that direction,if I was dealing with Burger King here, I would be completely on board with what we're saying,but do we give a little more consideration due to what the end user is here from a medical professional standpoint, and emergency situations and folks who are driving who may be from out of town. We all know that this is located here because we live here,but for folks that are from out of town that are, a kid just broke their arm and they're going 90 miles an hour to find salvation, that we want that to be well marked coming from the north,from the lakeside, and I would be more in favor of shrinking it,making it less,losing D. I don't think D is necessary,but I'm just concerned that this thing have every ability to be as well marked as it can, again, only because it's a medical facility, and that's my position relative to overall public safety. MRS.PALACINO-You're talking with regard to A? MR.HENKEL-A. MR. MC DEVITT-With regard to A. MR.PALACINO-Reducing the size. MR.MC DEVITT-Yes. It's too big as is. I think the consideration of reducing it to still get some exposure for folks that may have medical emergencies,and again,not to belabor the point,as I'm already doing here. Too late for that,but it's because this is an urgent care and I worry about emergency situations and people having every ability to quickly navigate and find their way to said facility. MR.WHEELER-1000/o. It's not a doctor's office. You don't make appointments. It's an urgent care. MR.HENKEL-You're right,A and C could definitely be smaller,but,yes. MR. UNDERWOOD-Even the Hospital only has one sign on the emergency bay. I think if you're going to open that Pandora's Box you're going to do that for every medical facility. MR. MC DEVITT-And everyone, I wanted to get on my soap box for a minute, every one votes the way they need to vote at this point. MRS.PALACINO-And in fairness if my kid's got a broken arm and he's,and I'm traveling 90 miles an hour, I'm going to hit the other urgent care facility first because my GPS is going to direct me to that one across the street. MR. MC DEVITT-I follow that. When have the luxury of sitting here in a non-emergency situation,it's easy to theorize on those things,but the practicality may be different when you're in that said emergency situation. MR. URRICO-But they'll miss that entrance there because they won't see the sign for urgent care until they drive past it. MR. CIPPERLY-The sign at the rear of the building is kind of, no one's going to come up Sweet Road looking for an urgent care. You're either on Sweet Road or you're not. We agree on the one facing Route 9. MR.HENKEL-Yes. MR. UNDERWOOD-But you already have the front pylon sign on the front. MR. CIPPERLY-Right,yes,the old Gambles sign is still there. So if we add a slightly smaller sign on the north side of the building,facing Lake George. MR. URRICO-That would be the A. MRS.PALACINO-A. MR. MC DEVITT-That's all my concern. I just want that from the Lake, and make it smaller. 21 (Queensbury ZBA Meeting 12/13/2023) MR. UNDERWOOD-So you're talking three wall signs. MR.HENKEL-Three wall signs. MR. UNDERWOOD-Two compatible and one larger. MR.WHEELER-A,B,C,no D. MR.HENKEL-No D. So A and C are going to comply. MRS. MOORE-Would be 30 square feet. MR.HENKEL-But then the other would be 68.18. I'd be okay with 68.18. MR. UNDERWOOD-Does that sound good to everybody? MRS. MOORE-So you need to open your public hearing still. MR. UNDERWOOD-Okay. We'll open the public hearing. Is there anybody from the public wishing to speak or any correspondence? PUBLIC HEARING OPENED MR. URRICO-No correspondence. MR. UNDERWOOD-I'll close the public hearing. MR. URRICO-Do you want to do SEQRA? MR. UNDERWOOD-And we'll do SEQRA first. MOTION REGARDING SIGN VARIANCE NO. 8-2023. APPLICANT NAME: Al SIGNS 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 Richard Cipperly: Duly adopted this 13`h Day of December 2023,by the following vote: AYES: Mr. Urrico,Mr. McDevitt,Mrs.Palacino,Mr. Cipperly,Mr.Henkel,Mr. Underwood NOES: NOES ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs. Applicant proposes to install 4 wall signs of 68.18 sq.ft.on each side of the recently constructed WellNow building. The signs are to be internally lit with individual channel letters. The existing building of 3,516 sq. ft. was recently constructed and is to remain with no changes. The existing freestanding sign of 41.50 sq. ft.to remain. The parcel is a corner lot allowing two wall signs of 30 sq.ft.each and one freestanding sign. Relief requested for number of signs and size of signs. The applicant is proposing to install three wall signs,one of 68.18 square feet. The other will be 30 square feet. Those noted will be A and C will be the 30 square foot ones. The 68.18 square foot one will be on the west side of Building B. Relief Required: The applicant requests relief for the number and size of signs. The project site is 0.516 ac and is located in the Commercial Intensive Zone Section 140—Signs Proposed are four wall signs of 68.18 sf each where two wall signs of 30 sf are allowed. SEQR Type:Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No. 8-2023. Applicant Name: AJ Signs based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds 22 (Queensbury ZBA Meeting 12/13/2023) 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 Richard Cipperly: Duly adopted this 13`h Day of December 2023,by the following vote: AYES: Mr. Urrico,Mr. McDevitt,Mrs.Palacino,Mr. Cipperly,Mr.Henkel,Mr. Underwood NOES: NOES ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe A public hearing was advertised and held on Wednesday,December 13,2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(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 see minimal to no impacts to the neighborhood. 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 signs have been reduced in two instances of the three to make them compatible. So they're only seeking relief for the larger one,plus the extra sign. 3. Is the requested sign variance substantial? The requested Sign Variance would be considered substantial,but the Board has noted that it's an emergency building and needs to be well identified. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? We do not note any. 5. Is the alleged difficulty self-created? The difficulty may be considered 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, 7. The Board also finds that the variance request under consideration is the minimum necessary,- S. 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 Dot Deed to read the followingA through F): F. 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; G. 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; H. 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' I. Subsequent issuance of further permits,including sign permits are dependent on receipt of these final plans; J. 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 8-2023 AlSIGNS IGNS,Introduced by James Underwood,who moved for its adoption,seconded by John Henkel: Duly adopted this 13`h Day of December 2023,by the following vote: AYES: Mr. Cipperly,Mrs.Palacino, Mr. McDevitt,Mr.Henkel, Mr. Urrico,Mr. Underwood NOES: NONE 23 (Queensbury ZBA Meeting 12/13/2023) ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe MR.WHEELER-Thank you. MR.HENKEL-Good luck. MR. MC DEVITT-Good luck. Area Variance No.47-2023 Cypress Pools Cont'd. MRS.MOO RE-So I also think that you need to re-open the public hearing for Area Variance 47-2023. That was the Cypress Pools one. MR. UNDERWOOD-I'll keep that open. PUBLIC HEARING RE-OPENED MR. UNDERWOOD-I'll adjourn the meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF DECEMBER 13TH,2023,Introduced by James Underwood who moved for its adoption,seconded by John Henkel: Duly adopted this 13`h day of December,2023,by the following vote: AYES: Mr.Henkel,Mrs.Palacino,Mr. Cipperly,Mr. Urrico,Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr.Keenan,Mr. McCabe On motion meeting adjourned. RESPECTFULLY SUBMITTED, James Underwood,Acting Chairman 24