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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 80-2014 Project Applicant: Northway Outlets (The Outlets at Lake George West) Project Location: 1415 State Route 9 Meeting Date: December 3, 2014 Description of Proposed Project: Applicant proposes (LED Micro-Flood) up cast floodlights to supplement the projecting sign spotlights on the existing monument sign. Relief Required: Parcel will require sign variance from Chapter 140, Section 140-5 General Standards- illumination. Relief is being requested from restriction on allowable lighting for a sign. Criteria for considering a Sign Variance according to Chapter 267 of Town Law:I 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. An undesirable change and 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 available for another sign lighting method. The board may consider a lighting unit that is halfway down the sign to illuminate the tenants on the lower part of the sign or install a cutoff fixture that is not a bar lighting. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code where cut off fixtures are identified. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The relief requested may have an adverse impact on the environment as the code identifies lighting to be cut off fixtures 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): SV 56-14: 56.98 sq. ft. non-tenant wall sign-north side of the building to identify the plaza name; relief for a second non-tenant wall sign for plaza identification-10-22-14 SV 32-14: 100 sq. ft. wall sign w/sign copy to read: "The Outlets at Lake George West". Relief requested for non-tenant wall sign-4-23-14 SP 35-13: 49,615 sq. ft. retail plaza; new retail use in a CI zone -7-23-13 Staff comments: The applicant proposes to install two spot lights on either side of the existing free standing sign. The applicant has indicated the new ground lights pointing towards the sign will illuminate the lower half of the sign. The applicant has provided a night-lit photo of the sign. The original plans indicate a light that is projecting and down. The light unit that was installed is a bar for both the tenant sign area and the logo. SEQR Status: Type Unlisted Zoning Board of Appeals Community Development Department Staff Notes F A udLer tune I U IL)ZU 14 14.LI r.uue 11/1212014 14:30 (FAX) P.006/011 Nov14-14 Warren County Planning Department Project Review and Referral Form Reviewed by Department on November 10, 2014 Project Name: Northway Outlets, LLC Owner: Northway Outlets, LLC ID Number: QBY-14-SV-80 County Project#: Nov14-14 Current Zoning: CI Community: Queensbury Project Description: Applicant proposes upcast flood lights(2)in addition to the existing downcast fixtures on the existing monument sign- both sides of sign. Relief requested from restriction on allowable lighting for a sign. Site Location: 1415 State Route 9 Tax Map Number(s): 288.00-1-53 Staff Notes: The issues here appear to be of a local nature involving local issues without any significant Impacts on County properties or resources. Staff recommends no county impact with a recoomendation based on the information submitted according to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project. Local actions to date(If any): County Planning Department: NCI Local Action:/Final Disposition: hb gAtc- Zan?e /&-Not/ ii Warri County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: Northway Outlets, LLC PROJECT FOR: Northway Outlets, LLC The Outlets at Lake George WEST The Outlets at Lake George WEST 2700 Westchester Avenue, Ste 407 1415 State Route 9 Purchase, NY 10577 ZBA Meeting Date: Wed., December 3, 2014 RESOLUTION TO: Approve/ Disapprove , Sign Variance No. 80-2014, Northway Outlets, LLC. The Outlets at Lake George WEST, 1415 Tax Map No. 288.00-1-53 The Zoning Board of Appeals of the Town of Queensbury has received an application from Northway Outlets, LLC The Outlets at Lake George WEST for a variance from Chapter 140 of the Sign Code of The Town of Queensbury. Applicant proposes(LED Micro-Flood) upcast flood lights (2) in addition to the existing downcast fixtures on the existing monument sign-both sides of sign. Relief requested from restriction on allowable lighting for a sign. SEQR Type: Unlisted; Motion regarding Sign Variance No. 80-2014 Northway Outlets, LLC The Outlets at Lake George WEST 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 who moved for its adoption, seconded by Duly adopted this 3rd day of December, 2014, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, December 3, 2014; 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? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an 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 Page 1 of 2 Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wed., December 3, 2014 Sign Variance Application No. 80-2014, Northway Outlets, LLC -The Outlets at Lake George WEST In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh /would be outweighed by the resulting detriment to the health, safety and welfare of the neighborhood or community; The Board also finds that the variance request under consideration is the minimum necessary; Based on the above findings I make a MOTION TO APPROVE/ DENY Sign Variance No. 80-2014, Northway Outlets, LLC-The Outlets at Lake George WEST 1415 State Route 9 Introduced by ,who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert conditions /comments>: B. 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; C. 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; D. 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' E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; F. 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. Duly adopted this 3rd day of December, 2014, by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc: J. Lapper, Esq. &S. Bitter, Esq. BPSR Page 2 of 2