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1969-05-21 / 3'1, MINUTES of the public hearinq of the Town of Queensbury Zoninq Board of Appeals held at the Town Office Buildinq on May 21, 1969 at 8:00 p.m. Those present were: James Fitzgerald Georqe Kurosaka Charles Sicard James Keller Allison Ellsworth Mr. Fitzgerald, the chai~an, presided. Mr. Kurosaka requested a correction be made in the minutes from the previous meeting (motion seconded by James Fitzqerald) that the wording on the fifth to the last line on page three be changed to read 50 m.p.h. instead of 15 m.p.h. as recorded. The minutes were apprQved as corrected. The first item of business for which Mr. Fitzgerald read proof of publication was aoplication #96 Qf GI~ERT MELLOR, R. D. 11. Glen Lake, for a variance locating a free standinq conforminq sign less than 50' from front property line on the property situated at south side Quaker Road adjacent to Two Squires Restaurant property, Town of Queensbury. Mr. Fitzqerald asked for presentation of photographs showing lack of visibility. There were none available. Appearing for Mr. Mellon was Mr. Robert Stewart from the firm of Clark, Bartlett and Caffry, 10 Harlem Street, Glens Falls, who stated traffic traveling from east to west on the Quaker Road would not see the sign as the Two Squires sign is right on the lot line and if Mr. Mellon went farther back, the Two Squires sign would obscure his sign. Mr. , j -- /3 't. Stewart asked for a temporary variance or a temporary license so that the sign could be moved if needed, without causing further problems for the Board. When Mr. Fitzgerald asked again about any pictures, Mr. Stewart replied there were none. Upon further questioning, from Mr. Fitzgerald, Mr. Stewart stated that the Two Squires building is appro- ximately 25' from the front line and their sign is right on the lot line. If Mr. Mellon were 15' back from the lot line, this would solve the problem. Mr. Sicard questioned if this line were the new existing line. Mr. Stewart replied that the State owns 80 feet in front of Mr. Mellon's actual lot line and that if the neighboring signs were to be moved, his client would move his also. There were no other appearances for or against. The Board, with James Fitzgerald, George ~urosaka, Charles Sicard, Allison Ellsworth voting for and James Keller against, : RESOL.VED: APPLICATION FOR VARIANCE #96 BY GILBERT MELLON TO ERECT A SIGN ON QUAKER ROAD BE APPROVED WITH A 15' SETBACK FROM '!HE FRONT PROPERTY LINE PROVIDED THAT THE SIGN SHALL BE LIGHTED ONLY DURING THE NOl\KAL HOURS OF BUSINESS PENDING FURTHER CONSID- ERATION AT SUCH TIME AS QUAKER ROAD IS WIDENED. The second item of business, application #97 for a variance of BRUCE BUIC~ by Judae Sian Corp. for the erection of three (3) oversized sians - west side Route 9 on the property situated at Bruce Buick Garage, Upper Glen Street, Town of Queensbury. Mr. Kurosaka disquali- fied himself because of his association with Bruce Buick. '--' Mr. Fitzgerald read the proof of publioation and mentioned / 3'{. the plot plan attached to the application and the Board studied all aspects of the plan. Mr. Keller reported that the Planning Board had approved the plan as being in general harmony with the use of the land. Appearing for Bruce Buick was David J. Kollar of Judge Sign Corp. who told the Board that Route 9 is a primary highway with a speed limit of 50 m.p.h. A &maIler sign than the ones requested would be more difficult tQ identify, therefore causing traffic hazards. A larger sign, easily read from 400 to 500 feet would not cause the driver to take his eyes off the road. He said they had observed the 50' setback and feel justified in asking for the larger signs. Upon questioning from Mr. Sicard as to the ability of a driver's reading at that speed, Mr. Kollar said there would not be much copy on them (similar to the Golden Arches of MacDonalds.) Further questioning from Mr. Sicard as to flashing illumination caused Mr. Kollar to answer that, at that point, nothing had been said to Judge Sign Corp., but he assumed they would be lighted during business hours and the early evening, saying that most dealers turn their signs off at 11:00 p.m. Mr. Kollar presented photographs of similar signs in a magazine. The Board resolved: APPLICATION FOR VARIANCE #97 BY JUDGE SIGN CORP. ON BEHALF OF BRUCE BUICK TO ERECT THREE OVERSIZED SIGNS AT '!HEIR ROUTE 9 LOCATION BE APPROVED PROVIDING THE SIGNS ARE LOCATED 50' FROM THE. PROPOSED ROUTE 9 R.O.W. AID THAT THE SIGNS ONLY BE ILLUMINATED DURING THE HOURS THAT BUSINESS IS OPEN. .........- Mr. Fitzgerald then read proof of publication for the application for a Variance t98 of WILLIAM W. MAILLE, Pitcher ~, for placing a swimming pool in the side yard instead )..yo - of the rear yard, on the property situated on the south side of Pitcher Road, Town of Queensbury. Mr. Keller explained that it is irregular shape and on a very small lot. C.O.S. added that it is a very narrow lot. Mr. Keller stated that the Planning Board had approved because of the lot size and shape. There were no appearances for or against. The Board: RESOLVED: BE IT RESOLVED THAT APPLICATION FOR VARIANCE #98 BY WILLIAM MAILLE TO ERECT A SWIMMING POOL ON THE SIDE YARn ON A LOT LOCATED ON PITCHER ROAD BE APPROVED AS APPLIED FOR DUE TO THE PRACTICAL DIFFICULTY IN THE SIZE AND SHAPE OF THE LOT. Application #100 for a V~riance of Interstate Bakeries, #10 Sagamore Street, Glens Falls, for locating a revolving lighted sign on the property situated at south side of Quaker Road near Northland Beverage Center, Town of Queens- bury, for which proof of publication was read by Mr. Fitz- gerald, was the next item for consideration. There were no appearances for or against this appli- cation. Mr. Keller reported that the Planning Board had disapproved its erection. The Board, therefore, RESOLVED: APPLICATION FOR VARIANCE #100 BY INTERSTATE BAKERIES FOR A REVOLVING SIGN BE DISAPPROVED; NO GROUNDS FOR GRANTING A VARIANCE HAVING BEEN SHOWN. Mr. Fitzgerald then read the proof of publication for Application for a Variance 1101 of RICHARD A. HUGHES, 7 Orchard Drive, Queensbury for erecting a two suite Medical Office Building with four apartments on the second floor on the property situated at west side of Bay Road south of Singleton Funeral Home and north of Wagoner Business Machines, ,---,,' /"5/1. Town of Queensbury. The Board discussed the area and Mr. Ellsworth wondered how far it would be from the brook, to' which Charles Sicard replied it is a swampy area and George Kurosaka added that there was bog in the back. Mr. Ells- worth studied the plot plan and Mr. Sicard stated that it was formerly owned by Owen Kane. Lloyd Kingsley, contractor, appeared on behalf of Dr. Hughes stating that Dr. Hughes wants an offiae for himself and his wife and would like apartments also. Further questioning from the Board caused Mr. Kingsley to say the following: there will be two (2) 250 gallon septic tanks and 300 feet of drain for sewage. Mr. Kurosaka questioned approval from the Department of He~lth. Mr. Keller said the planning Board had approved the application because dènial c- '-- would deprive the .pplicant of reasonable use of the land. There were no appearances but Mr. Keller read a note from John E. Wheeler, contractor and developer from Ballston Lake, who made a plea for approval of the application. The Board: RESOLVED: APPLICATION FOR VARIANCE #101 BY DR. R. A. HUGHES FOR CONSTRUCTION OF PROFESSIONAL OFFICES AND APARTMENTS BE APPROVED AS APPLIED FOR PENDING APPROVAL OF THE NEW YORK STATE DEPARTMENT OF HEALTH OF THE SEWAGE DISPOSAL FACILITIES. The final item of business was the consideration of Special Permit #10 by West Mountain Ski Corporation for a variance on the west side of West Mountain Road for con- ~.- ducting a Riding Acadmey - R2 District on the property situated at West Mountain Ski Corporation, West Mountain Road, Glens Falls, - Town of Queen.bury. Mr. Fitzgerald read the proof of publication. /.y~, When Mr. Fitzgerald asked for appearances for or against - ...- the following presented themselves to the Board: Mr. Edward Nichols, neighboring property owner on the north side, who complained that the riders were using other than the property of the West Mountain Ski Corp. R. Case Prime, attorney for West Mt., Claude Brant, partner in West Mt. Corp., and Charles Holcomb, employee of West Mt. Corp., appeared for the application. Mr. Fitzgerald questioned the stabling of the horses and the area in which they} would be ridden. Mr. Prime answered, describing the area and the stabling facilities. Mr. Brant stated that, with per-mission, they would pasture the horses on the Fowler property. Mr. Prime stated that at the present time, they are using the lands of Niagara Mohawk with Niagara's permission. He also told the Board that the Corporation is starting very small with the eventual intention (providing financial success ensues) they will develop their øwn facilities on their own property. Charles Sicard - "You do have per-mission from Niagara Mohawk?" Case Prime - "Yes." George Kurosak& - "Are you teaching the rules of the road for riders?" Prime - "All rides are supervised." Mr. Prime further stated that it is the intention of West Mt. Corp. to develop a useful family type recreation center (skiing in winter - riding in summer - etc.) depending on the financial success of the smaller venture. )..1/3. Mr. David Amell, resident of West Mountain, questioned the advisability of having a stable located near a restaurant. Mr. Bra~t advised that eventually they would like to locate on the top of the mountain tying it in with the natural recreational facilities of the area. Appearing for the application was Fred Gilbert, who lives two doors from the Ski Lodge and adjoining the Fowler property, who said the horses spent more time in the woodlot than on the trails and that the WestMt. Center kept the area well cleaned. Mr. George Sepsie, another neighbor, stated that it would serve a very good purpose for children (mentioning the Girl Scouts, etc.) Mr. Amell retorted that he had experienced the flies and had lived with them all winter. Mary Frasier, also an ~oining property owner on the south, objected to the ,,"8 and wondered about the value of the property as the riders do not respect any property. George Kurosaka stated that horses have the right to be on a public highway. Mr. Brant told the Board they try to make their facili- ties as attractive as possible and constantly spr~y for insects and assured everyone that they have to maintain attractive premises to appeal to customers. Mr. John Norman who lives across from Mrs. Frasier complained that the horses are ridden across his lawn. Charles Holcomb assured the Board that all rides are supervised and that the horses would not leave the group to go to the other side of the road. -.. After Mr. Fitzgerald asked for any other questions or / J./~ remarks, he suggested a short recess for the Board to con- sider all applications. The Board resolved: APPLICATION FOR SPECIAL PEm.lIT #10 BY WEST NT. CORP. TO OPERATE A RIDING ACADEMY AT '!HE WEST MOUNTAIN SKI CENTER BE APPROVED AS APPLIED FOR A PERIOD ENDING JANUARY 1, 1971, AT WHICH TIME A NEW PE2{IT MAY BE APPLIED FOR. Upon motion by Charles Sicard, seconded by George Kurosaka, the meeting was adjourned. dQ.W\- ~~~-- Secre ary "-"