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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Appeal No.: 5-2011 Appellant: John B. Pohl Project Location: Off Quaker Ridge Boulevard Meeting Date: December 21, 2011 Information requested: Appellant has filed an appeal application relative to a November 17, 2011 Zoning Administrator determination regarding the Town of Queensbury Sign Ordinance. Staff comments: Standing: Was the appeal taken within the appropriate 60 day time frame and is the appealing party aggrieved?  The application was signed on November 30, 2011 and filed with the Town on the same day.  The appellant; VMJR Companies, Inc. is believed to be a party at interest in the ownership of the Forest Enterprises Management, Inc. property, however, no documentation to that effect has been supplied with this appeal. If the appellant is confirmed to be a property owner of the subject property then it would appear that the application has adequate standing for this appeal to move forward. Merits: The Zoning Administrator determination of November 17, 2011 identifies that the proposed signage does not meet the requirements of the Town of Queensbury Sign Ordinance to either issue a permit for the sign under 140-5, as there are: “…no goods or services to be advertised available on the property at this time.” or allow it without the need for a permit under 140-3 as there is no: “….construction, repair or renovation in progress.” at this time. Despite the appellants attempt to clarify that the intent of the code: “…was intended to prevent overzealous developers from taking advantage of innocent purchasers by implying that the sites were shovel ready.” the code is clear and understandable plain language and makes no reference, anywhere, relative to their “intent” statements. An acceptable real estate sign offering the land for sale with acreage and contact information is and has always been available to the appellant and the same has been discussed. L:\Craig Brown\2011 Staff Notes\NOA 5-2011VMJR.doc