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.)