1972-09-20
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MINUTES of the public hearing of the Zoning Board of
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Appeals of the Town of Queensbury held on September 20, 1972
at 7:36 p.m.
There were present:
John Fitzgerald, Chairman
Charles Hutton, Secretary
Charles Sicard
George Kurosaka
Richard Sanderspree
being the members of the board.
On a motion by Mr. Sicard, seconded by Mr. Sanderspree,
the minutes of the previous meeting were approved as read.
In the matter of old business, Robert F. Niedermeyer,
Jr. appeared on behalf of variance #248 and presented a map
to the Board. Commissioner Kurosaka acted as chairman
because of Mr. Fitzgerald's absence at the August meeting.
When Mr. Kurosaka asked for the tax ma~ thus enabling the
Board to place the lot, Mr. Neidermeyer explained that the
lot is very narrow (120 x 70) and with a 30' setback; he
would be left with 16' of yard. Mr. Hutton asked if Mr.
Niedermeyer had a garage and he replied that it was attached
to the house and that he had a boat and a small car that need
protection. Mr. Hutton asked if he would leave the attached
as a garage and build an additional 2-car garage. Mr.
Neidermeyer answered, "Yes." There were no other appearances.
The Board:
RESOLVED: Approved as this is necessary for the reasonable
use of the land and is the minimum variance that will
accomplish this purpose.
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Note: Voting affirmatively: Messrs. Kurosaka,Sicard,
and Sanderspree. Mr. Fitzgerald abstained. Mr. Hutton
was opposed.
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Special Permit #28 hearing was postponed until all new
business had been heard.
Mr. Fitzgerald, again chairman, read proof of publication
for application for Variance #253, MARSHALL CLEMENS TO PLACE
A GARAGE LESS THAN THE REQUIRED 30' SET BACK ON THE PROPERTY
SITUATED AT PICKLE HILL ROAD, TOWN OF QUEENSBURY.
There were no appearances for or against the application.
Secretary Hutton reported that the Town Planning Board had
approved the request.
The Board:
Adjourned the hearing until the October meeting to
allow the applicant an opportunity to appear.
In the matter of Variance #254, Dunham's Bay Boat Co., Inc.,
Mr. Daniel T. Smith, attorney, asked the Board to place the
request last on the agenda of new business.
Mr. Fitzgerald then established proof of publication
for application for Variance #255, EDWARD L. BORDEAU TO
PLACE A SIGN 22' FROM FRONT PROPERTY LINE IN AN R-4 ZONE
ON THE PROPERTY SITUATED AT 83 LOWER DIX AVENUE, TOWN OF
QUEENSBURY.
Mr. Kurosaka noted that this is a conforming sign all
except for the setback.
Appearing on behalf of the applicant was attorney,
Peter D. Fitzgerald who told the Board the sign would actually
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be placed on the adjoining lot. He submitted additional
documented signatures of adjoining land owners. He said
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the signers thought the matter was decided last May. Mr.
Fitzgerald asked Secretary Hutton if letters had been sent
to all adjoining property owners and Mr. Hutton replied
affirmatively. There were no other appearances.
Mr. Fitzgerald (Peter) told the Board that both
premises are owned by the applicant.-
Mr. Hutton reported that the Town Planning Board dis-
approved on insufficient grounds. Warren County Planning
Board disapproved in concurrence with the Town Board.
Mr. John Fitzgerald stated that apparently the Planning
Boards have taken the position that no hardship has been
shown.
Peter Fitzgerald: "There may have been some confusion
in the minds of the petitioners themselves. They have gone
ahead and built a much more attractive structure than
existed at the time....In order for the applicants to con-
tinue a successful operation, it would be necessary to
compete with others where they could have a sign letting
the public know what they are selling....Traffic is by
before they know the TV store is there....Approaches to the
premises are obscured by other buildings."
The Bœ. rd:
RESOLVED: Approved for a 30' setback as this is the
minimum variance for the reasonable use of the land.
Unanimous decision.
Ill,
Mr. Fitzgerald read proof of publication for application
for variance #256, ARTHUR DUCHARME TO CONVERT A PRESENTLY
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OPERATED GIFT SHOP TO A T.V. REPAIR SHOP IN AN R-4 ZONE ON
THE PROPERTY SITUATED AT AVIATION ROAD, TOWN OF QUEENSBURY.
Appearing on his own behalf was Arthur Ducharme.
When the Board studied the map, Commissioner Sicard asked
if Mr. Ducharme planned to put a sign on the building.
Mr. Ducharme said, "Just the existing sign."
Mr. Sanderspree: "Is this with the taxi business?"
Mr. Ducharme: "Yes."
Sanderspree: "Will you have any kind of TV repair
or just selling?"
Ducharme: "I will be selling national brands."
Sanderspree: "Do you have any trucks?"
Ducharme: "Just one. My son is working for me."
Mr. Hutton: "You will not be living in this area?"
Ducharme: "No. I live on Wintergreen Road. I have
had this business for about 15 years."
There were no other appearances. Mr. Hutton reported
that the Town Planning Board approved saying this is no
more non-conforming than the present. Warren County Planning
Board approves with no comment.
The Board:
RESOLVED: Approved since this is no more non-conforming
in use than the present use. This concurs with the
Town and County Planning Boards' recommendations.
Unanimous decision
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Chairman Fitzgerald established proof of publication
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for application for Variance #257, ARTHUR AKULLIAN TO PLACE
A GARAGE WITH NO FRONT SETBACK IN LIEU OF THE REQUIRED 30'
SETBACK ON THE PROPERTY SITUATED AT BRAYTON ROAD, CLEVERDALE,
TOWN OF QUEENSBURY.
Mr. Akullian appearing on his own behalf, answered Mr.
Fitzgerald's querie regarding an existing garage by pointing
out on the map and saying, "This is the house and the
sleeping quarters and we want to put on an attached garage
with a breezeway. The R.O.W. would have left us with a
5 ft. breezeway. The Town Planning Board recommended a
3 ft. setback to allow a larger breezeway."
Mr. Kurosaka, "It appears to be a very narrow lot.
It is almost like a bowling alley."
Mr. Sicard, "Is this year around?"
Mr. Akullian, "Yes and we plan to come up and live
here permanently."
There were no other appearances.
Mr. Boynton reported that he found no one against the
request and that he had enquired around the neighborhood.
The Town Planning Board approved with a 3 ft setback
from the R.O.W. Warren County Planning Board not involved.
The Board:
RESOLVED: Approved on the basis that strict adherence
to the Zoning Ordinance would create an undue hardship
on the applicant. This is the minimum variance for
the reasonable use of the land.
Unanimous decision.
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Mr. Fitzgerald read proof of publication for #9-6-72
Enlargement of a Non-Conforming Use, JOHN SCOTT TO ENLARGE
A NON-CONFORMING USE REPAIR GARAGE AND PLACE A SIGN IN AN
R-3 ZONE ON PROPERTY SITUATED AT THE EAST SIDE OF RIDGE
ROAD, 500' NORTH OF HAVILAND ROAD, TOWN OF QUEENSBURY.
John P. Scott, appearing on his own behalf, presented
pictures to the Board.
Chairman Fitzgerald, "The addition that you are proposing-
is it on the far end of an existing building? Is there any-
thing in this area other than the sign? Will this stay
there?"
Scott, "Yes. That will stay." He explained the loca-
tions to the Board.
When Mr. Kurosaka asked about the sign, Mr. Scott said
the sign would be like an Adirondack State Park sign.
Appearing for information was Ray Buckley who lives
on the Ridge Road. When he asked if Mr. Scott intended to
sell cars, Mr. Scott replied, "6nce in awhile."
Mr. Buckley, "How many unlicensed cars do you expect
to keep there?"
Mr. Kurosaka explained the Junk Car Law to Mr. Buckley.
Mr. Scott explained he had cars with blown engines from which
he salvaged the parts. There were no other appearances.
The Town Planning Board approved since the expansion is
within 50%; they also approved the sign. Warren County
Planning Board approved-extension of a non-conforming use.
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The Board:
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RESOLVED: Approved. This is in concurrence with the
Planning Boards. It is in general harmony with the
restrictions established for the area.
Unanimous decision
In the final matter of new business, Chairman Fitzgerald
read proof of publication for application for variance #254
DUNHAM'S BAY BOAT COMPANY, INC. REQUESTING PERMISSION TO
BUILD A BOAT STORAGE BUILDING IN AN R-2 and C-l ZONE AND
REQUESTING SPECIAL PERMIT TO OPERATE A RETAIL SALES OFFICE
AND SHOWROOM ON THE PROPERTY SITUATED WEST SIDE OF BAY ROAD
APPROXIMATELY 290 NORTH OF INrERSECTION OF BAY ROAD AND
FARM-TO-MARKET ROAD, TOWN OF QUEENSBURY.
Appearing on behalf of the applicant was Daniel Smith,
attorney from Chestertown. He named the officers of the
company, described the property lines and neighboring property
owners, and told the Board the area is "somewhat" damp, not
capable of supporting any septic system.
Mr. Smith, "The area is zoned C-l. The Zoning Map
is somewhat vague. Some place there is a split. I have
checked the proposed zoning map. C-l generates pedestrian
traffic. In a C-3 zone, boat storage is a permitted special
use. The nearest C-3 zone is probably Storytown...The building
that we are applying for is 130 x 70...We tried to get it
as far as we could from the road...The building would be
used basically for dead storage...Approximat~ly 70 to 80%
of the building would be storage of boats used regularly on
the lake in the summer...The balance of the building would
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be used for new boats. This is, in effect, a 3 part petition:
1. Determine where the line is
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2. If it is an R-2 zone, it would be an application for
a special permit
3. If C-3, it would be for use permit
It is a 3 step test:
1. The land in question can not yield a reasonable value
2. Land cannot be farmed
3. Plight of the owner's unique circumstances - the land is
damp. It would be impossible to put in a septic system.
We have gone to the County Planning Board and the Town
Planning Board recommended disapproval and the County Board
concurred with the Town. There would be no traffic into
this building from May 1 to September 1. There would be
traffice in and out - a boat or two a week....."
There were no appearances for the application.
Appearing against were Mrs. Harney who read a letter from
Mrs. Howard A. (Winifred) LaRose (attached to these minutes),
Mrs. James Harney, Richard Guiles, Ernest Pollamn, Robert
E. Row, Mildred Lackey and LeRoy Denton.
The Town and County Planning Boards say it is a C-l zone.
The Board:
RESOLVED: Denied on the grounds that sufficient hardship
has not been established.
Unanimous decision
In the matter of old business, Special Permit #28,
Eugene O'Leary, a court stenographer was present to take all
testimony and is a matter of record in the Town Building.
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STATEMENT OF MRS. HOWARD A. (WINIFRED) LaROSE AT A PUBLIC MEETING OF THE TOWN BOARD
OF ZONING APPEALS OF THE TOWN OF QUEENSBURY HELD ON WEDNESDAY, SEPTEMBER 20, 1972,
AT 7:30 P.M. AT THE QUEENS BURY TOWN OFFICE BUILDING, CORNER OF BAY AND HAVILAND ROADS.
Gentlemen:
Thank you for this opportunity to express my views at this meeting to consider
the application for a variance of Dunham's Bay Boat Company, Inc. to place a
boat storage building and retail sales In an R-C and C-I Zone, located North
of Route 1149 on the Bay Road In the Town of Queensbury.
It Is my understanding that this boat storage building is to be erected on a
small piece of land approxImately 200' x 200!i I am sure that most of us have
spent some time In and around a boat storageAÞYlt9ln~ and realize that in spite
of the pleasures that boati ng affords theM.ê'Feúiüif i y not the most "eye appea I I ng"
designed structures and certainly with an~ amount of business being conducted
In a business such as thls-one would need much more space than this. Parking
problems occur so offen ~ these days that I doubt th&t this amount of space
could hardly solve the parking problem to say nothing of a display of boats,
trailers and a business office.
To add to all this confusion, we are all well aware that the Intersection of
#'49 and the Bay Road Is considered a dangerous Intersection and although many
attempts have been made to have proper signal Illhts Installed et this Inter- ~_;
sect I on I t has been to no ave I I . As I n the case of the traff 1c light !hª1J'ë;t.5-:iCe;.t'<ii·...
been Instal :::~at "49 and the RIdge Road, It may be that ........Tragedies riØt?f' !
. ? ,,.~ ~ occ. t the IntersectIon of "49 and the Bay Road wI I I the proper
. YJ.1r- sTepSì1to avoid anymore "(J~ I I~l tlr"HI. And- roug'y speaking - thIs may wel I
¡v depend on "whose ox I s be I ng gored!"
In spIte of all this, I will try to a.press my beliefs and to be as brief as
possible.
The Town of Queensbury has grown rapidly and our elected ~'~~t4~ officIals should
be commended tor many fruitful efforts In making this a conwnunlty where one can be
proud to I I ve.
Everyone Is fully aware that proper plannIng and zoning Is needed In a communltv
and plans seem to be well underway when you ~ear of the IndustrIal Park and know
that the businesses are being conduct.d on the Quaker Road and at the shopping
plazas. To clutter up the Bay Road,.hlch has long been a residential communlty-
seems to be a great mistake especially tn vIew of the people who have moved Into
this part of the Town to enjoy a bit of solitude from the "neon nightmares"
surrounding the bustness plazas.
RememberIng the years when Queensbury was having real "growing zoning pains"
trying to protect our envlronment...it might be well to remember that In a relatively
few years, when all things have found their proper place-and the acts of our
zoning commissioners have shown with timeT what they did or did not do to save
a residential ~n'ty will be remembered by generations who seek and love
these I ands for the purposes ~r wh f ch they have been desi gnated. History will
either honor or condemn their names and this depends on how well they use
their last real chances to put our "grounds" In order and to make their recommendations.
I have often quoted an old Indian Chief who once said; "The land is not our
personal property- the land Is a sacred trust whIch passes only temporarily through
our hands en route f~ our ancestors to our descendants". We whou'd remember
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September 20, 1972-
Page 2 (Continued).
the words of the Old Chief and leave thIngs Just a little better than we found them.
We are all much too concerned with everyday problems to pause long enough to
realize thair an area can soon Ieee Its charm without proper planning.
Let's leave this area of the Bay Road as a resIdential community and plan
industry with industry!
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Wini fred LaRose
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Mr. William Bacas appeared on behalf of the applicant.
Mr. Kurosaka disqualified himself from this hearing.
Raymond Kees of Warrensburg appeared and testified
regarding the traffic counts, referring to October 1970 count.
When Mr. Fitzgerald asked Mr. Kees if he was familiar
with the property, Mr. Kees replied, "No, except that I have
seen it."
Appearing against the application were John Gaffney,
William Mellon, Robert Niedermeyer and James Harney.
The Board adjourned any decision until the October
meeting when additional testimony could be presented.
There being no further business, on a motion duly made
by Charles Sicard, seconded by Mr. Sanderspree, the meeting
was adjourned at 11:16 p.m.
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