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Staff NotesStaff Notes ZBA August 28, 2024 New Business: AV 41-2024 True North Cannabis LLC SV 5-2024 AJ Signs (for HHHN 9 Carey Rd.) SV 6-2024 AJ Signs (for HHHN 27 Carey Rd.) SV 7-2024 AJ Signs (for HHHN 161 Carey Rd.) Queensbury Zoning Board of Appeals Agenda Meeting: August 28, 2024 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net NEW BUSINESS: Applicant(s) True North Cannabis, LLC Area Variance Number AV 41-2024 Owner(s) 1471 St Rt 9 LLC SEQRA Type Type II Age ts Jon C. Lapper, Esq. Lot Size 1.99 acres Location & Ward 1471 State Route 9 Ward 1 Zoning Cl Tax Id No 288.-1-58 Section 179-2-010; 179-3-040; 179-10- 040; 179-10-070 EE Cross Ref SP 43-2024; SUP 4-2024; AV 49-2022; SP 68-2022; FWW 13-2022, SUP 6-2022 Warren County Planning August 2024 Public Hearing August 28, 2024 1 Adirondack Park Agency n/a Proiect Description: Applicant proposes to use an existing 2,000 sq ft space within a newly constructed shopping plaza of 11,835 sq ft for use as a retail cannabis business. Relief requested for the separation distances from an amusement center and park. Applicant(s) AJ Signs Sign Variance Number SV 5-2024 Owner(s) Hudson Headwaters Health Network SEQRA Type Unlisted Agent(s) Kristen Macleod Lot Size 2.16 acres Location & Ward 9 Carey Rd. Ward 4 Zoning CLI Tax Id No 308.16-2-2.3 Section 140 Cross Ref SP 45-2018; SV 4-2017; SP 47-2007 Warren County Planning August 2024 Public Hearing August 28, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes to update several signs for the Hudson Headwaters complex at 9 Carey Rd. The project includes 2 freestanding signs, 2 directional signs, and 2 wall signs. Freestanding (MM2) 24 sf less than 15 ft setback (existing is 13.4 ft). Second freestanding (BM4) 11.11 sf (more than 1 freestanding sign). Directional signage (D2 & 133) greater than 4 sf. Allowable wall signs on west & north elevations will need permits. Relief for more than 1 freestanding sign, oversized directional signage, and freestanding sign setbacks. Applicant(s) AJ Signs Sign Variance Number SV 6-2024 Owner(s) Hudson Headwaters Health Network SEQRA Type Unlisted Age ts Kristen Macleod Lot Size 1.71 acres Location & Ward 27 Carey Rd. Ward 4 Zoning CLI Tax Id No 308.16-2-2.2 Section 140 Cross Ref SP 38-2020; SP 10-2020; SP 39-2014; SP 52-2006 Warren County Planning August 2024 Public Hearing August 28, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes to add a freestanding sign for Hudson Headwaters complex at 27 Carey Rd. Project includes 1 freestanding sign of 8 sf and is to be 9.2 ft from the property line where a 15 ft setback is required. Relief requested for freestanding sign setback. Applicant(s) AJ Signs Sin Variance Number SV 7-2024 Owner(s) Hudson Headwaters Health Network SEQRA Type Unlisted Age ts Kristen Macleod Lot Size 6.9 acres Location & Ward 161 Carey Rd. Ward 4 Zoning CLI Tax Id No 309.13-2-31.2 Section 140 Cross Ref PZ 257-2016 Warren County Planning August 2024 Public Hearing August 28, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes to update several signs for the Hudson Headwaters complex at 161 Carey Rd. Project includes 6 new wall signs and 10 freestanding signs. Freestanding (MMI) 64.2 sf relief for greater than 60 sf, freestanding (BM I, BM2, & BM3) more than 1 freestanding sign; Directional signage (D4, D6, D5, D9) directional signage greater than 4 sf; (D7 & D8) more than 1 freestanding sign and less than 15 ft setback {D7 2.5 ft setback & D8 2 ft setback); Family Health signs 3.25 sf (2 wall signs) relief for more than 2 wall signs on corner lot (G & F). Allowed signs: wall signs Kinney on east (B) & north (A) separate business and a corner lot (will need permits). Allowed wall sign Specialty Care with logo (C & D) and one Family Health sign (E). Relief for more than 2 wall signs, more than 1 freestanding sign, oversized directional signage, & freestanding sign setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2024\August 28, 2024\ZBA Final Agenda August 28, 2024.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 41-2024 Project Applicant: True North Cannabis, LLC. Project Location: 1471 State Route 9 Parcel History: AV 49-2022; SP 68-2022; FWW 13-2022; SUP 6-2022 SEQR Type: Type II Meeting Date: August 28, 2024 Description of Proposed Project: Applicant proposes to use an existing 2,000 sq ft space within a newly constructed shopping plaza of 8,355 sq ft for use as a retail cannabis business. Relief requested for the separation distances from an amusement center and park. Relief Required: The applicant requests relief for the separation distances from an amusement center and park. § 1 79-10-070(EE)(2) prescribes a 1,000 foot separation distance between retail cannabis businesses and parks and amusement centers. Gurney Lane Recreation Area (park) is approximately 850 feet west from the subject property, and physically separated from it by I-87. Lumberjack Pass Miniature Golf (amusement center) is located approximately 700 feet north of the property. Note that the applicant has requested a waiver from the requirement for a survey, so these distances are approximate. Criteria for considering an Area Variance according to Chapter 267 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 area variance. Gurney Lane Recreation Area is unlikely to be detrimentally affected if the variance is granted, due to it be physically separated by I- 87. The Lumberjack Pass property is within walking distance along Route 9. 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 that may be considered include finding a location that complies with the separation distance prescribed by § 179-10-070(EE)(2). 3. Whether the requested area variance is substantial. The variances requested are for 15-30% relief from the separation distance requirement. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The applicant proposed no changes to the existing site conditions. 5. Whether the alleged difficulty was self created. The difficulty may be considered self-created. Staff comments: The Town zoning regulations regarding retail cannabis businesses originated with the Town Board adoption of Local Law No.: 2 of 2023 in January, 2023. No changes are proposed to the previously approved development plans of this property, including the storage units at the rear. The variances requested are required for the proposed occupancy of a retail space by the retail cannabis business. There are three other occupancy spaces in this plaza, including a proposed Subway restaurant. Staff notes by Stuart Baker, Senior Planner Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bwn of Qlucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: True North Cannabis LLC File Number: AV 41-2024 Location: 1471 State Route 9 Tax Map Number: 288.-1-58 ZBA Meeting Date: August 28, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from True North Cannabis LLC. Applicant proposes to use an existing 2,000 sq ft space within a newly constructed shopping plaza of 8,355 sq ft for use as a retail cannabis business. Relief requested for the separation distances from an amusement center and park. Relief Required: The applicant requests relief for the separation distances from an amusement center and park. §179-10-070(EE)(2) prescribes a 1,000 foot separation distance between retail cannabis businesses and parks and amusement centers. Gurney Lane Recreation Area (park) is approximately 850 feet west from the subject property, and physically separated from it by I-87. Lumberjack Pass Miniature Golf (amusement center) is located approximately 700 feet north of the property. Note that the applicant has requested a waiver from the requirement for a survey, so these distances are approximate. SEQR Type II — no further review required; A public hearing was advertised and held on August 28, 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: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial)'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) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO.41-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 28th Day of August 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 5-2024 Project Applicant: AJ Signs Project Location: 9 Carey Road Parcel History: SP 45-2018; SV 4-2017; SP 47-2007 SEQR Type: Unlisted Meeting Date: August 28, 2024 Description of Proposed Project: Applicant proposes to update several signs for the Hudson Headwaters complex at 9 Carey Rd. The project includes 2 freestanding signs, 2 directional signs, and 2 wall signs. Freestanding (MM2) 24 sf less than 15 ft setback (existing is 13.4 ft). Second freestanding (BM4) 11.11 sf (more than 1 freestanding sign). Directional signage (D2 & D3) greater than 4 sf. Allowable wall signs on west & north elevations will need permits. Relief for more than 1 freestanding sign, oversized directional signage, and freestanding sign setbacks. Relief Required: The applicant requests relief for more than 1 freestanding sign, oversized directional signage, and freestanding sign setbacks. Section 140- signs One free standing sign (MM2) is currently 13.4 ft setback where a 15 ft setback is required. More than one free standing sign (BM4). Directional signage greater than 4 sf (132 & D3). 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. Minor impacts to the neighborhood may be anticipated as the site will contain more signs than allowed. 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 adjust the number of signs. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested for the number of freestanding signs, directional signage size, and freestanding sign setback. 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 impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes signage for the entire campus for Hudson Headwaters Healthcare Network. The plans show the location of the freestanding signs, the directional sign sizes, and the number of signs. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 i '7bsvn of Queensbuq Sign Variance Resolution To: Approve / Disapprove Applicant Name: AJ Signs (for HHHN 9 Carey Rd) File Number: SV 5-2024 Location: 9 Carey Rd. Tax Map Number: 308.16-2-2.3 ZBA Meeting Date: August 28, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs (for HHHN 9 Carey Rd). Applicant proposes to update several signs for the Hudson Headwaters complex at 9 Carey Rd. The project includes 2 freestanding signs, 2 directional signs, and 2 wall signs. Freestanding (MM2) 24 sf less than 15 ft setback (existing is 13.4 ft). Second freestanding (BM4) 11.11 sf (more than 1 freestanding sign). Directional signage (D2 & D3) greater than 4 sf. Allowable wall signs on west & north elevations will need permits. Relief for more than l freestanding sign, oversized directional signage, and freestanding sign setbacks. Relief Required: The applicant requests relief for more than 1 freestanding sign, oversized directional signage, and freestanding sign setbacks. Section 140- signs One free standing sign (MM2) is currently 13.4 ft setback where a 15 ft setback is required. More than one free standing sign (BM4). Directional signage greater than 4 sf (D2 & D3). SEQR Type: Unlisted [Resolution / Action Required for SEAR] Motion regarding Sign Variance No. 5-2024. Applicant Name: AJ Signs (for HHHN) based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 28th Day of August 2024, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, August 28, 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: PER THE DRAFT PROVIDED BY STAFF: 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? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) 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) b) , 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 / DENY Sign Variance 5-2024, AJ Signs (for HHHN), Introduced by , who moved for its adoption, seconded by Duly adopted this 2811 Day of August 2024, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 6-2024 Project Applicant: AJ Signs Project Location: 27 Carey Road Parcel History: SP 38-2020; SP 10-2020; SP 39-2014; SP 52-2006 SEAR Type: Unlisted Meeting Date: August 28, 2024 Description of Proposed Project: Applicant proposes to add a freestanding sign for Hudson Headwaters complex at 27 Carey Rd. Project includes 1 freestanding sign of 8 sf and is to be 9.2 ft from the property line where a 15 ft setback is required. Relief requested for freestanding sign setback. Relief Required] - The applicant requests relief for freestanding sign setback. Section 140- signs The project includes one freestanding sign that is to be located 9.2 ft from the property line and 15 ft setback is required. 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. Minor impacts to the neighborhood may be anticipated as the site will have sign closer to the property line than allowed. 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 adjust the setback of the sign. 3. Whether the requested sign variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested 5.8 ft. 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 impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes signage for the entire campus for Hudson Headwaters Healthcare Network. The plans show the location of the freestanding sign and the sign detail. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Ib4vn of Q_ycensbury Sign Variance Resolution To: Approve / Disapprove Applicant Name: AJ Signs (for HHHN 27 Carey Rd) File Number: SV 6-2024 Location: 27 Carey Rd. Tax Map Number: 308.16-272.2 ZBA Meeting Date: August 28, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs (for HHHN). Applicant proposes to add a freestanding sign for Hudson Headwaters complex at 27 Carey Rd. Project includes 1 freestanding sign of 8 sf and is to be 9.2 ft from the property line where a 15 ft setback is required. Relief requested for freestanding sign setback. Relief Required: The applicant requests relief for freestanding sign setback. Section 140- signs The project includes one freestanding sign that is to be located 9.2 ft from the property line and 15 ft setback is required. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 6-2024. Applicant Name: AJ Signs (for HHHN) based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that thiswill/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 28th Day of August 2024, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, August 28; 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: PER THE DRAFT PROVIDED BY STAFF: 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? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) 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) b) , 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 / DENY Sign Variance 6-2024, AJ Signs (for HHH1S), Introduced by , who moved for its adoption, seconded by Duly adopted this 28" Day of August 2024, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 7-2024 Project Applicant: AJ Signs Project Location: 161 Carey Road Parcel History: PZ 257-2016 SEQR Type: Unlisted Meeting Date: August 28, 2024 Description of Proposed Project: Applicant proposes to update several signs for the Hudson Headwaters complex at 161 Carey Rd. Project includes 6 new wall signs and 10 freestanding signs. Freestanding (MM1) 64.2 sf relief for greater than 60 sf; freestanding (13M1, BM2, & BM3) more than 1 freestanding sign; Directional signage (D4, D6, D5, D9) directional signage greater than 4 sf, (D7 & D8) more than 1 freestanding sign and less than 15 ft setback {D7 2.5 ft setback & D8 2 ft setback); Family Health signs 3.25 sf (2 wall signs) relief for more than 2 wall signs on corner lot (G & F). Allowed signs: wall signs Kinney on east (B) & north (A) separate business and a corner lot (will need permits). Oversized wall sign Specialty Care with logo (C & D) at 38 sf where maxium allowed is 30 sf . Allowed wall sign one Family Health sign (E). Relief requested for more than 2 wall signs, more than 1 freestanding sign, oversized directional signage, & freestanding sign setbacks, and over sized wall sign. Relief Required: The applicant requests relief for more than 2 wall signs, more than 1 freestanding sign, oversized directional signage, & freestanding sign setbacks. Section 140 — signs One free standing sign MM 1 at 64.2 sf exceeds the 60 sf allowed at 25 ft setback. The plan includes five additional freestanding signs (BM1, BM2, BM3); further D7 & D8 are freestanding signs where only one free- standing sign is allowed. Setback relief needed for D7 where 2.5 ft is proposed and D8 where 2 ft setback is proposed where a 15 ft setback is required. The direction signage D4, D6, D5, D9 greater than 4 sf. Wall signs proposed 2 (G & F) where only one wall sign is allowed. In addition, Specialty Care with logo is proposed at 38 sf where 30 sf is the maximum 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. Minor impacts to the neighborhood may be anticipated as the site will contain more signs than allowed. 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 adjust the number of signs and setbacks. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested for the number of freestanding signs, directional signage size, wall sign size and freestanding sign setback. 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 impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes signage for the entire campus for Hudson Headwaters Healthcare Network. The plans show the location of the freestanding signs, wall signs, the directional sign sizes, and the number of signs. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution i Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Q_ucc Sbury Sign Variance Resolution To: Approve / Disapprove Applicant Name: AJ Signs (for HI -II -IN 161 Carey Rd) File Number: SV 7-2024 Location: 161 Carey Rd. Tax Map Number: 309.13-2-31.2 ZBA Meeting Date: August 28, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs (for HHIIN). Applicant proposes to update several signs for the Hudson Headwaters complex at 161 Carey Rd. Project includes 6 new wall signs and 10 freestanding signs. Freestanding (MMl) 64.2 sf relief for greater than 60 sf; freestanding (BMl, BM2, & BM3) more than 1 freestanding sign; Directional signage (D4, D6, D5, D9) directional signage greater than 4 sf, (D7 & D8) more than I freestanding sign and less than 15 ft setback {D7 2.5 ft setback & D8 2 ft setback}; Family Health signs 3.25 sf (2 wall signs) relief for more than 2 wall signs on corner lot (G & F). Allowed signs: wall signs Kinney on east (B) & north (A) separate business and a corner lot (will need permits). Oversized wall sign Specialty Care with logo (C & D) at 38 sf where maxium allowed is 30 sf. Allowed wall sign one Family Health sign (E). Relief requested for more than 2 wall signs, more than 1 freestanding sign, oversized directional signage, & freestanding sign setbacks, and over sized wall sign. Relief Required: The applicant requests relief for more than 2 wall signs, more than 1 freestanding sign, oversized directional signage, & freestanding sign setbacks. Section 140 — signs One free standing sign MMl at 64.2 sf exceeds the 60 sf allowed at 25 ft setback. The plan includes five additional freestanding signs (BM1, BM2, BM3); further D7 & D8 are freestanding signs where only one free- standing sign is allowed. Setback relief needed for D7 where 2.5 ft is proposed and D8 where 2 ft setback is proposed where a 15 ft setback is required. The direction signage D4, D6, D5, D9 greater than 4 sf. Wall signs proposed 2 (G & F) where only one wall sign is allowed. In addition, Specialty Care with logo is proposed at 38 sf,where 30 sf is the maximum allowed. SEQR Type: Unlisted [Resolution / Action Required for SEAR] Motion regarding Sign Variance No. 7-2024. Applicant Name: AJ Signs (for HHHN) based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 28th Day of August 2024, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, August 28, 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: PER THE DRAFT PROVIDED BY STAFF: 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? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighedy(denial) 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) b) , 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 / DENY Sign Variance 7-2024, AJ Signs (for HHHN), Introduced by , who moved for its adoption, seconded by Duly adopted this 28t' Day of August 2024, by the following vote: AYES: NOES: