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Staff NotesStaff Notes March 29, 2023 Tabled Items: AV 50-2022 Garden World Associates LLC New Business: AV 10-2023 Geoffrey &Cheryl Hoffman AV 12-2023 Richard Selkow SV 1-2023 Matthew Signs LLC (Sunoco Quaker Rd.) SV 2-2023 Matthew Signs LLC (Sunoco Aviation Rd.) Queensbury Zoning Board of Appeals Agenda Meeting: March 29, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net TABLED ITEMS: Applicant(s) Garden World Associates LLC Area Variance Number AV 50-2022 Owners Garden World Associates LLC SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 0.32 acres 49 & 0.76 acres 50 Location & Ward 2 Carlton Dr. & 537 Aviation Rd. Ward 2 Zoning MDR 49 & Cl 50 Tax Id No 302.5-1-49 & 302.5-1-50 Section 179-3-040 Cross Ref SP 69-2022; RZ 5-2022; AV 44-2017; SP 49-2017 Warren County Planning January 2023 Public Hearing January 18, 2022; February 15, 2023; March 29, 2023 Adirondack Park Agency n/a Proiect Description: (Revised) Applicant proposes a parking lot expansion on 1.09 acres. The existing restaurant is to remain. Additional landscaping buffering has been added between uses. The project is part of a rezoning and site plan review where the site work increases the hard surfacing on the site to a noncompliant percentage. Relief requested for permeability. NEW BUSINESS: Applicant(s) Geoffrey & Cheryl Hoffman Area Variance Number AV 10-2023 Owners Geoffrey & Cheryl Hoffman SEQRA Te Type II Agent(s) n/a Lot Size 0.2 acres Location & Ward 1234 Bay Rd. Ward 1 Zoning NC Tax Id No 278.-2-9 Section 179-3-040 Cross Ref SP 19-2022 Warren Couniy Planning March 2023 Public Hearing March 29, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 72 sq. ft. covered porch and 72 sq. ft. ramp addition to the east side of an existing 600 sq. ft. commercial building for a compliant ADA access. The existing driveway and parking area to remain the same. The building is to be used for artisan craft business. Relief is requested for setbacks. Applicant(s) Richard Selkow Area Variance Number AV 12-2023 Owner(s) Richard Selkow SEQRA Type Type II Agent(s) Environmental Design Partnership Lot Size 0.99 acres Location & Ward 185 Lockhart Mountain Rd. Ward 1 Zoning RR-5A Tax Id No 252.-1-20 Section. 179-5-020; Chapter 94 Cross Ref SP 20-2023; FWW 4-2023; AV 33-1999; AV 82-1996 Warren County Planning March 2023 Public Hearing March 29, 2023 Adirondack Park Agency ALD Project Description: Applicant proposes to remove shed structure to build a 768 sq. ft. garage. The garage to be metal siding and a garage door. The existing home of 1,375 sq. ft. to remain with no changes. Site plan review for work within 100 ft. of wetland and possible work within 50 ft. of 15% slopes. Relief is requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: March 29, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center - 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Matthew Signs LLC Sign Variance Number SV 1-2023 Owner(s) GRJH, Inc. SEQRA Type Unlisted Agent(s) Matthew Signs LLC Lot Size 0.75 acres Location & Ward 234 Quaker Rd. Ward 2 Zoning Cl Tax Id No 302.8-1-45 Section 140 Cross Ref AV 88-1995; SP 33-96 Warren County Planning March 2023 Public Hearing March 29, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes two freestanding signs and two wall signs. The two freestanding signs are attached to the same pole. The Sunoco Diamond Logo freestanding sign is 15 sq. ft. The price block freestanding sign is 19.25 sq. ft. The existing wall sign Cobble Pond Farms of 8 sq. ft. is to remain with no changes. The proposed wall sign on the largest canopy facing Quaker Road is to be 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with existing fagade and sign. Relief is requested for setbacks and number of signs. Applicant(s) Matthew Signs LLC Sign Variance Number SV 2-2023 Owner(s) GRJH, Inc. SEQRA Type Unlisted Age . ts Matthew Signs LLC Lot Size. 0.66 acres Location & Ward 532 Aviation Rd. Ward 2 Zoning CI Tax Id No 302.5-1-95 Section 140 Cross Ref SV 52-1999; SP 26-2004; SP 29-88; AV 1443-22221 Warren County Planning March 2023 Public Hearing March 29, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a new freestanding sign of 71.15 sq. ft. and a new canopy -wall sign of 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with the existing fagade and sign. Relief is requested for setbacks and number of signs. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:�Karen Dwyre - Zoning Offce\ZBA Monthly 2023\March 29, 2023\ZBA Final Agenda March 29, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: AV 50-2022 Project Applicant: Garden World Associates, LLC. Project Location: 2 Carlton Drive & 537 Aviation Road Parcel History: SP 69-2022; RZ 5-2022; AV 44-2017; SP 49-2017 SEQR Type: Type II Meeting Date: March 29, 2023 Description of Proposed Project: (Revised) Applicant proposes a parking lot expansion on 1.09 acres. The existing restaurant is to remain. Additional landscaping buffering has been added between uses. The project is part of a rezoning and site plan review where the site work increases the hard surfacing on the site to a noncompliant percentage. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. The project is on two properties that are to be merged for a parcel area of 1.09 ac in the Cl zone. Section 179-3-040 dimensions Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The proposed permeability is 15.1% where 30% permeable is required. 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. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the location of the existing building and lot configuration. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is 14.9% permeable less than allowed. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project will have minimal to no impact on the physical or environmental conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The plans have been revised to show the parking to be 76 spaces for the existing Silo restaurant. The plans also show the new planting plan with a 6 ft high privacy fence. The Planning Board did not identify any significant adverse impacts during the recommendation November 30th Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'F0471 of QueensbUly Area Variance Resolution To: Approve / Disapprove Applicant Name: Garden World Associates LLC File Number: AV 50-2022 Location: 2 Carlton Dr. & 537 Aviation Rd. Tax Map Number: 302.5-1-49 & 302.5-1-50 ZBA Meeting Date: January 18, 2023; February 15, 2023; March 29, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Garden World Associates LLC. (Revised) Applicant proposes a parking lot expansion on 1.09 acres. The existing restaurant is to remain. Additional landscaping buffering has been added between uses. The project is part of a rezoning and site plan review where the site work increases the hard surfacing on the site to a noncompliant percentage. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. The project is on two properties that are to be merged for a parcel area of 1.09 ac in the CI zone. Section 179-3-040 dimensions Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The proposed permeability is 15.1% where 30% permeable is required. SEQR Type II — no further review required; A public hearing was advertised and held on January 18, 2023, February 15, 2023, & March 29, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (qpproval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 50-2022, Introduced by .. who moved for its adoption, seconded by Duly adopted this 2911 Day of March 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 10-2023 Project Applicant: Geoffrey & Cheryl Hoffman Project Location: Parcel History: SEQR Type: Meeting Date: 1234 Bay Road SP 19-2022 Type II March 29, 2023 Description of Proposed Project] - Applicant proposes a 72 sq. ft. covered porch and 72 sq. ft. ramp addition to the east side of an existing 600 sq. ft. commercial building for a compliant ADA access. The existing driveway and parking area to remain the same. The building is to be used for artisan craft business. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a compliant access covered landing and ramp. The project is located in the Neighborhood Commercial zone on a 0.17 ac parcel. Section 179-3-040 dimensional, 179-4-080 porches The new porch area with ramp is to be 20 ft. from the property line where a 75 ft. setback is required. 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. Minor to no impacts to the neighborhood character may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the shape of the lot and the location of the building on the lot. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief for setback is 55 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes construction of a new covered porch and ramp for an entry to the existing building. The applicant received site plan approvals for the building to be a retail artisan shop. The applicant has decided to improve the building with an accessible ramp entry. The plans show the location of the new entry area and the building elevations. u ` Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 lown of CZueensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Geoffrey & Cheryl Hoffman File Number: AV 10-2023 Location: 1234 Bay Rd. Tax Map Number: 278.-2-9 ZBA Meeting Date: March 29, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geoffrey & Cheryl Hoffman. Applicant proposes a 72 sq. ft. covered porch and 72 sq. ft. ramp addition to the east side of an existing 600 sq. ft. commercial building for a compliant ADA access. The existing driveway and parking area to remain the same. The building is to be used for artisan craft business. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a compliant access covered landing and ramp. The project is located in the Neighborhood Commercial zone on a 0.17 ac parcel. Section 179-3-040 dimensional, 179-4-080 porches The new porch area with ramp is to be 20 ft. from the property line where a 75 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on March 29, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 10-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 29" Day of March 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 12-2023 Project Applicant: Richard Selkow Project Location: 185 Lockhart Mountain Road Parcel History: SP 20-2023; FWW 4-2023; AV 13-199; AV 82-1996 SEAR Type: Type II Meeting Date: March 29, 2023 Description of Proposed Project: Applicant proposes to remove shed structure to build a 768 sq. ft. garage. The garage to be metal siding and a garage door. The existing home of 1,375 sq. ft. to remain with no changes. Site plan review for work within 100 ft. of wetland and possible work within 50 ft. of 15% slopes. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a new garage. The project is within the RR3A zone and a 0.82 ac parcel. Section 179-3-040 dimensional, Section 179-5-020 garage The new garage is to be located 50 ft. from the wetland where a 75 ft. setback is required, 29 ft. from the front setback where a 100 ft. setback is required. and 11 ft. from the side setback where a 75 ft. setback is required. 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. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the zoning of the property and the intent to replace the garage in a similar location. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate in regard to the code. Relief for setbacks 25 ft to the wetland, 71 ft to the front property line, and 64 ft to the side property line. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes the construction of a 768 sq. ft. single story garage. The plans show the location of the new garage and the previous garage. The elevations and floor plan of the garage are also provided. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Quecnsbur} Area Variance Resolution To: Approve / Disapprove Applicant Name: Richard Selkow File Number: AV 12-2023 Location: 185 Lockhart Mountain Rd. Tax Map Number: 252.4-20 ZBA Meeting Date: March 29, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard Selkow. Applicant proposes to remove shed structure to build a 768 sq. ft. garage. The garage to be metal siding and a garage door. The existing home of 1,375 sq. ft. to remain with no changes. Site plan review for work within 100 ft. of wetland and possible work within 50 ft. of 15% slopes. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a new garage. The project is within the RR3A zone and a 0.82 ac parcel. Section 179-3-040 dimensional, Section 179-5-020 garage The new garage is to be located 50 ft. from the wetland where a 75 ft. setback is required, 29 ft. from the front setback where a 100 ft. setback is required and 11 ft. from the side setback where a 75 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on March 29, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 12-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 2911 Day of March 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: Project Applicant: Project Location: 1-2023 Matthew Signs, LLC. 234 Quaker Road Parcel History:AV 88-1995; SP 33-96 SEQR Type: Unlisted Meeting Date: March 29, 2023 Description of Proposed Project: Applicant proposes two freestanding signs and two wall signs. The two freestanding signs are attached to the same pole. The Sunoco Diamond Logo freestanding sign is 15 sq. ft. The price block freestanding sign is 19.25 sq. ft. The existing wall sign Cobble Pond Farms of 8 sq. ft. is to remain with no changes. The proposed wall sign on the largest canopy facing Quaker Road is to be 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with existing fagade and sign. Relief is requested for setbacks and number of signs. Relief Required: The applicant requests relief for setbacks and number of signs. The project is located in the Commercial Intensive zone on a 0.76 ac parcel. Chapter 140 signs The freestanding sign contains more than one sign — there is an existing diamond logo sign of 5 sq. ft. to remain and a new price sign to be installed of 19.25 sq. ft. An additional freestanding sign is noted as the canopy sign of 23.26 sq. ft. containing the Sunoco logo coloring scheme. The price sign is to be located 3.5 ft. from the property line where a 15 ft. setback is required. The number of freestanding signs as a corner lot allows for two and three are proposed. Criteria for considering a Sign Variance according to Chapter 140 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 sign variance. Minimal to no impacts to the neighborhood may be anticipated. 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. Feasible alternatives may be considered to reduce the sign to a compliant size. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for 26 sq ft in excess and more than two free standing signs for a corner lot. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may have minimal to no impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to remove an existing price signage on the existing pole. The project includes modifying the canopy colors with the Sunoco blue and one canopy side will be a SL NOCO sign wording with color scheme. The plans show the location and design of the new sign. Zoning Board of Appeals — Record of Resolution f Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 lbim of Qeensbuiy Sign Variance Resolution To: Approve / Disapprove Applicant Name: Matthew Signs LLC (for Sunoco) File Number: SV 1-2023 Location: 234 Quaker Rd. Tax Map Number: 302.8-1-45 ZBA Meeting Date: March 29, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew Signs LLC. Applicant proposes two freestanding signs and two wall signs. The two freestanding signs are attached to the same pole. The Sunoco Diamond Logo freestanding sign is 15 sq. ft. The price block freestanding sign is 19.25 sq. ft. The existing wall sign Cobble Pond Farms of 8 sq. ft. is to remain with no changes. The proposed wall sign on the largest canopy facing Quaker Road is to be 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with existing fagade and sign. Relief is requested for setbacks and number of signs. Relief Required: The applicant requests relief for setbacks and number of signs. The project is located in the Commercial Intensive zone on a 0.76.ac parcel. Chapter 140 signs The freestanding sign contains more than one sign — there is an existing diamond logo sign of 5 sq. ft. to remain and a new price sign to be installed of 19.25 sq. ft. An additional freestanding sign is noted as the canopy sign of 23.26 sq. ft. containing the Sunoco logo coloring scheme. The price sign is to be located 3.5 ft. from the property line where a 15 ft. setback is required. The number of freestanding signs as a corner lot allows for two and three are proposed. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 1-2023. Applicant Name: Matthew Signs, LLC based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 29th Day of March 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, March 29, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. 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 expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 1-2023, Matthew Signs LLC, Introduced by , who moved for its adoption, seconded by Duly adopted this 291h Day of March 2023, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 2-2023 Project Applicant: Matthew Signs, LLC. Project Location: 532 Aviation Road Parcel History:SV52-1999; SP 26-2002; SP 29-88; AV 1443-22221 SEAR Type: Unlisted Meeting Date: March 29, 2023 Description of Proposed Project: Applicant proposes a new freestanding sign of 71.15 sq. ft. and a new canopy -wall sign of 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with the existing fagade and sign. Relief is requested for setbacks and number of signs. Relief Required: The applicant requests relief for setbacks and number of signs. The project is located in the Commercial Intensive zone on a 0.67 ac parcel. Section 140 sign The plans are for a freestanding sign of 71.15 sq. ft. which exceeds the 45 sq. ft. maximum allowed. The project includes a Sunoco canopy wording and color scheme of 23.26 sq. ft. Relief is requested for more than one freestanding sign. Criteria for considering a Sign Variance according to Chapter 140 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 sign variance. Minor to no impacts to the neighborhood may be anticipated. 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. Feasible alternatives may be considered to reduce the sign square footage. 3. Whether the requested sign variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 26.15 sq ft and having more than one free standing sign. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to install a 71.15 sq ft sign on the existing post structure to include the SUNOCO word and the gas price list. The existing digital free standing is noncompliant. The canopy is to be rewrapped with the Sunoco blue color and the word Sunoco to be placed on the canopy facing Aviation Road. The plans show the existing and proposed signage. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Tout of Opeonsbury Sign Variance Resolution To: Approve / Disapprove Applicant Name: Matthew Signs LLC (for Sunoco) File Number: SV 2-2023 Location: 532 Aviation Rd. Tax Map Number: 302.5-1-95 ZBA Meeting Date: March 29, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew Signs LLC. Applicant proposes a new freestanding sign of 71.15 sq. ft. and a new canopy -wall sign of 23.26 sq. ft. The project includes removal of the existing Sunoco color scheme elements on pumps and canopy to a Sunoco solid blue with no other color elements. The building is to remain the same with the existing fagade and sign. Relief is requested for setbacks and number of signs. Relief Required: The applicant requests relief for setbacks and number of signs. The project is located in the Commercial Intensive zone on a 0.67 ac parcel. Section 140 sign The plans are for a freestanding sign of 71.15 sq. ft. which exceeds the 45 sq. ft. maximum allowed. The project includes a Sunoco canopy wording and color scheme of 23.26 sq. ft. Relief is requested for more than one freestanding sign. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 2=2023. Applicant Name: Matthew Signs, LLC based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 29th Day of March 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, March 29, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: I' 1 �'� '•i li � C ��_ 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh(approval) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. 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 expires; B. If the properly is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 2-2023, Matthew Signs LLC, Introduced by , who moved for its adoption, seconded by Duly adopted this 29' Day of March 2023, by the following vote: AYES: NOES: