Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 76-2008
Project Applicant: Northway Plaza Associates, LLC
Project Location: 820 State Route 9
Meeting Date: December 17, 2008
Description of Proposed Project:
Applicant proposes the construction of a 49.95 square foot freestanding monument
sign at the Quaker Road (Route 254) entrance to Northway Plaza.
Relief Required:
Relief required for an additional freestanding sign per§140-6 of the Sign Ordinance.
Specifically, relief required from the amount of allowable freestanding signs per§140-6.
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. This proposal may initiate additional sign requests for the Plaza,
resulting in increased Sign Variance applications.
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. The applicant may
wish to consider not erecting a freestanding sign at the Route 254 entrance or
remove one of the two freestanding signs existing at the Route 9 entrance in order
to become compliant.
3. Whether the requested area variance is substantial. The request for 1 additional
freestanding sign or 100 percent relief may be considered severe relative to the
ordinance.
4. Whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district. Moderate
impacts on the physical and environmental conditions of the neighborhood may be
anticipated as a third freestanding sign may have a negative visual impact on the
district.
5. Whether the alleged difficulty was self created. The difficulty may be considered
self created.
Parcel History (construction/site plan/variance, etc.):
A.V. 54-2002 Home Depot Permeability 6/26/2002
S.V.59-2002 Home Depot signs 7/24/2002
S.V. 83-2003 Empire Vision sign 10/22/03
S.V. 61-2004 Panera sign 8/25/04
S.P. Mod, Home Depot 2004
S.V. 95-2004 Home Depot sign 12/15/04
Staff comments:
According to §140-B(3)[4][a] only one freestanding sign per entrance accessing a
different public right-of-way is allowed under the criteria. The business complex at
Northway Plaza currently has two freestanding signs facing State Route 9. Has the
applicant considered removal of one of the freestanding signs facing Route 9 in favor
of the sign proposed in this application?
The proposed sign is located 15 feet from the property line and is within the 50 foot
maximum square footage per§140-6.
SEAR Status:
Unlisted-The Zoning Board of Appeals must make a SEQR Determination concerning this
application.
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Zoning Board of Appeals
Community Development Department Staff Notes