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Approval Resolution Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 James Underwood, Chairman Roy Urrico, Secretary TO: NPA II, LLC (Northway Plaza) PROJECT FOR: NPA Il, LLC (Northway Plaza) [Chili's Restaurant] Chili's Restaurant 217 Montgomery Street, Suite 7 820 State Route 9 Syracuse, NY 13202-1937 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Sign Variance No. 74-2008 NPA II, LLC Chili's Restaurant Meeting Date: Wednesday, December 17, 2008 Approved: X MOTION THAT BASED UPON WHAT THE ZONING BOARD HAS SAID HERE, I WOULD CONSIDER THIS FORM TO BE COMPLETE SO I WOULD OFFER A NEGATIVE DECLARATION IN REGARDS TO THIS SHORT ENVIRONMENTAL ASSESSMENT FORM, Introduced by James Underwood who moved for its adoption, seconded by Brian Clements: Duly adopted this 171h day of December, 2008, by the following vote: AYES: Mr. Clements, Mr. Zanghi, Mrs. Hunt, Mr. Urrico, Mrs. Jenkin, Mr. Drellos, Mr. Underwood MOTION TO APPROVE SIGN VARIANCE NO. 74-2008 NPA II, LLC (NORTHWAY PLAZA) CHILI'S RESTAURANT, Introduced by James Underwood who moved for its adoption, seconded by Brian Clements: 820 State Route 9. The applicant is proposing construction of four additional wall signs for a proposed 4,642 square foot Chili's Restaurant in the Northway Plaza. The applicant is requesting relief from the maximum amount of wall signs permitted for a business complex per Section 140- 6, and the sizes of the three wall signs in need of relief are, 30, 38, well, the 38.1 will be shrunk down now. The 38.1 is the large one over the entrance. Okay. So the 30 one would be corrected to be 15 square feet. Thirty-eight is the big one. Okay. So the second sign, which would be the wall sign facing Route 9, that would be decreased to half of the size of what's proposed, okay. So that would be 15 square feet. Okay. So that's the 38, and lastly the 5.3 square foot sign, and that would be for the take out window facing the northwest corner. Whether an undesirable change will be produced in the character of the neighborhood. The Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) 1 Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Continued Resolution ZBA Meeting Date: Wednesday, December 17, 2008 Sign Variance No. 74-2008, NPA, II LLC (Northway Plaza) Chili's Restaurant proposal may initiate additional sign requests for the Plaza and from other restaurants in the area, resulting in increased sign variance requests. Two, whether the benefit sought by the applicant can be achieved by some method feasible. The applicant will be downsizing the sign on the west side of the building to half of what was proposed. The other signs will be erected as proposed. Whether the requested sign variance is substantial. The request for three additional signs, or a three hundred percent increase, may be considered severe, that would still be the some. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Moderate effects because of the extra signage in the area. Whether the alleged difficulty is self-created. It can be considered to be self-created. As mentioned by the Board members in their discussions, the primary sign with the chili pepper has been considered to be one single sign by our Board. The internally lit pepper and "S" sign which will be located on the north wall of the building will be shrunk down to half its size and the 5.3 square foot internally externally lit pepper "S" sign To Go sign located on the northwest corner of the building will be allowed as requested. The total area of all four signs is 77.5 square feet. Duly adopted this 17th day of December, 2008, by the following vote: AYES: Mr. Clements, Mrs. Hunt, Mr. Zanghi, Mr. Urrico, Mr. Drellos NOES: Mrs. Jenkin, Mr. Underwood Sincerely, James Underwood, Chairman Queensbury Zoning Board of Appeals JU/sh cc: J. Lapper, Esq. BPSR 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 Final, approved plans in compliance with this variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & Codes personnel. Subsequent issuance of further permits, including building permits are dependent on receipt. Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)