In the Matter of the Application of Ticonderoga Property Development LLC, APA Order Granting Variance, 2005-261V, October 18, 2006

The firm represented Ticonderoga Property Development LLC in its application in the Adirondack Park for a variance from Appendix Q3 standards regarding sign regulations. TPD requested a 245 square foot sign over the entrance and a 20 square foot sign by the main Lowe’s access entrance. Although this was inconsistent with Appendix Q3 standards, it was found that the adverse consequences to the applicant, TPD, outweighed the public purposes to be served by the sign. The proposed Lowe’s “standard sign package” included a 348 square foot sign over the entrance and two 105 square foot signs over the lumber yard and garden center. During the hearing, the firm advanced a number of arguments that ultimately convinced the Board to grant the variance including: the proposed signage reduced the size and quantity from the standard signs; concerns regarding sign visibility due to distance from Route 9N and interfering topography; and the signs would face the commercial area of the town and would not be visible to the neighboring residential area.