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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 L:\RESOLUTIONS\2002\S V 38-2002.d"c Lewis N. Stone, Chairman Charles A. McNulty, Secretary 192 Lake Parkway 14 Twicwood Lane Lake George, New York 12845 Queensbury, New York 12804 TO: NEMER Ford PROJECT FOR: NEMER Ford 323 Quaker Road 323 Quaker Road Queensbury,NY 12804 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Sign Variance No. 38-2002,NEMER Ford Meeting Date: Wednesday, May 22, 2002 Approved_X_ Denied Tabled Withdrawn SEQRA Review [Tabled: applicant has sixty(60 days) to come back with the application] MOTION THAT A REVIEW OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM SHOWS THAT THERE ARE NO NEGATIVE IMPACTS CAUSED BY SIGN VARIANCE NO. 38-2002, Introduced by Lewis Stone who moved for its adoption, seconded by Charles McNulty: Duly adopted this 22"d day of May, 2002, by the following vote: AYES: Mr. McNulty, Mr. Himes, Mr. Abbate, Mr. Bryant, Mr. Urrico, Mr. Hayes, Mr. Stone NOES: NONE MOTION TO APPROVE SIGN VARIANCE NO. 38-2002 NEMER FORD, Introduced by Paul Hayes who moved for its adoption, seconded by Charles Abbate: 323 Quaker Road. The applicant proposes construction of a 100 square foot freestanding sign with a height of 33 feet 8 inches and a 16.8 square foot on-premise directional sign, with a height of 7 feet. In this motion, I am proposing to change the relief requested to 36 square feet of relief from the maximum allowable size for a freestanding sign, with a front side setback of 25 feet. I am deleting the request for 8.8 inches of height relief so that the sign will be at the maximum allowable height of 25 foot. I am granting six feet of relief from the maximum allowable four Page 1 of 3 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.) • Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Continued Resolution Wednesday, May 22, 2002 SV 38-2002 square feet for directional signs, so that he can have a ten square foot sign instead of a four square foot sign, which is half of the relief that was requested by the applicant, and I am making a motion to approve a one foot height relief of the six foot maximum allowable on-premise directional sign per Section 140-3-G of the Sign Code. So just to repeat that, I am proposing six feet of relief from the maximum allowable square footage for directional signs, and one foot of relief from the six foot maximum allowable height for directional signs. So it's one foot of relief for the height. Six feet of relief for the size, and on the main sign, the large sign, we're granting 36 square feet of relief to allow for a 100 square foot sign, which under this circumstance would normally be permittable to be 64 square feet, and we're not granting any relief to the height. I would also condition this approval on the fact that, as has been brought up by several Board members, that the relief for the size is mitigated by the fact that the sign is going to be placed at 36 feet from the property line, which is further back from the, a larger setback than required, which partially mitigates the increase in size. The benefit to the applicant in this particular circumstance, he would be permitted to purchase a new sign and place it in a location that he has indicated would be beneficial to his business, and also to meet some of the franchise requirements associated with his parent company, Ford. Feasible alternatives, I believe that feasible alternatives in this case are limited, based on the unusually wide right of way owned by Niagara Mohawk between the travel corridor, which is where the cars are that view the sign, and the applicant's business per say. Is the relief substantial relative to the Ordinance? I don't believe that it is. I believe that the 36 feet of relief that we're granting for the large sign, in this particular case, is mitigated substantially by the overall distance from the travel corridor that the sign is going to be located in, in this particular case. We're not granting relief for the height. So that is not substantial to the Ordinance, which in My viewpoint that was substantial. That has been eliminated from consideration in this case. The on-premise directional signs, the applicant has indicated a special need in this case, based on some impacts with the old sign, and I don't think that, from the road or from any normal viewing point, that the small relief of six feet in maximum size and one foot in height will impact the neighborhood in any substantial way whatsoever. So I don't think it's substantial, really, whatsoever. Effects on the neighborhood or community? I believe, as the relief has been modified downward, and changed, I think that there'll be very minimal impacts on the neighborhood. As it's been pointed out by the public, in this case, Mr. Kosinski, that in fact a new more modern sign, in this particular case could, in some way,have a positive impact on what already is a heavy commercial area. I don't think that the addition of a slightly larger than allowed sign, in this case, is going to change the character of Page 2 of 3 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.) IV` Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Continued Resolution Wednesday, May 22, 2002 SV 38-2002 Quaker Road in any meaningful way. So, in this sense, I think that there are no impacts, possibly even a small positive one with the improvement of a site and a new sign. Is the difficulty self- created? As I've already pointed out, I don't think it is totally, based on the unique right of way that Niagara Mohawk is kind enough to rent to the neighbors in this particular case. So this sign, there's a difficulty there by the unique nature of the property, and I don't think it's self-created. On balance, I think the test falls in favor of some relief for the applicant, the relief that we have modified downward, and I'm in favor of it. I move for its approval. I'm proposing that we grant six feet of relief to allow for a 10 square foot total directional sign in this particular case. I would like to amend, specifically, the relief that we are proposing to grant to indicate that, in this particular case, that as far as the total square footage of the directional signs, that we are granting 12.83 feet of relief from the maximum allowable 4 square feet, at 7 feet high at the top of the sign. Duly adopted this 22°d day of May, 2002, by the following vote: AYES: Mr. Abbate, Mr. Himes, Mr. McNulty, Mr. Hayes, Mr. Bryant, Mr. Stone NOES: Mr. Urrico Sincerely, ewi *StoneChairman Queensbury Zoning Board of Appeals LS/sh cc: Frank Romaine Page 3 of 3 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.)