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Resolution & Compliance Letter 3.27.24;j 161171 of ( `ueensbtn'v Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Today's Date: March 28, 2024 Compliance Letter TO: Applicant Name: Saxton Sign (Hannoush Jewelers) Location: 1054 State Route 9 Tax Map Number: 296.9-1-10.2 RE: File No. SV 2-2024 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@queensbua.net. **Copy Zoning Board Resolution onto the final approved plan. Please note that it must be legible and copied onto the plans. A survey map must be submitted with the final plans.** 2. Post Approval -Contact Heath Brown —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. Brown will monitor the site development throughout the project for compliance with your approval; however, see item 3; Contact Heath Brown, Code Compliance Officer at 518-761-8268. 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, OA3 Craig Brown Director of Planning & Zoning Zoning Administrator CB/kd r� Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Tnn•;; of CLmcrshu;;• Sign Variance Resolution To: Approve Applicant Name: Saxton Sign / Hannoush Jewelers File Number: SV 2-2024 Location: 1054 State Route 9 Tax Map Number: 296.9-1-10.2 ZBA Meeting Date: March 27, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Saxton Sign (for Hannoush Jewelers). Applicant proposes to replace the existing 32 sq ft sign with a new 32 sq ft panel for the new jewelry business. The existing 3,240 sq ft building is to remain. The current wall sign is considered non -compliant with the sign code. Relief requested for size of sign. Relief Required: The applicant requests relief for size of sign. The project site is 1.00 ac located in the Commercial Moderate Density zone. Section 140- signs The proposed sign is to be 32 sf where a wall sign maximum size is 30 sf. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. SV 2-2024. Applicant Name: Saxton Sign/Hannoush Jewelers 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 Roy Urrico: Duly adopted this 27th Day of March 2024, by the following vote: AYES: Mrs. Palacino, Mr. Keenan, Mr. Underwood, Mr. Henkel, Mr. Urrico, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly, Mr. Kuhl A public hearing was advertised and held on Wednesday, March 27, 2024. 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, it's not. It's a replacement of the current sign. 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 cannot be. 3. Is the requested sign variance substantial? No. It would be replacing the current sign. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No, it will not. 5. Is the alleged difficulty self-created? It could be considered, but it's needed for the change in ownership of 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: (a) Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read 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 2-2024, Saxton Sign/Hannoush Jewelers, Introduced by Robert Keenan, who moved for its adoption, seconded by James Underwood: Duly adopted this 27th Day of March 2024, by the following vote: AYES: Mr. Urrico, Mrs. Palacino, Mr. Keenan, Mr. Underwood, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Cipperly, Mr. Kuhl