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1973-06-20 " /'0 MINUTES OF the public hearing of the Zoning Board of Appeals held on June 20, 1973 at 7:40 p.m. There were present: John Fitzgerald, Chairman Charles Hutton, Secretary Charles Sicard Richard Sanderspree being the members of the board, excepting George Kurosaka who was absent for this meeting. On a motion by Mr. Sicard, seconded by Mr. Hutton the minutes of the May meeting were approved as read. In the first matter of old business, Chairman Fitzgerald read a letter for Robert Clark (variance #291) which is a part of these minutes. Mr. Clark appeared and såid he had no further statements except that there were 74 names in favor of his request and only 1 against; Mr. Fitzgerald advised that the Board would discuss it further in the execu- tive session. The Board: RESOLVED: application No. 291, Robert R. Clark for variance to sell used cars in an R-4 zone on property situated at the corner of Vermont and Central Avenue is not granted. The Board is of the opinion that decision is in conformity with the Queensbury Planning and Zoning Board of Appeals original decision of April 18, 1973. When Mr. Fitzgerald read a letter from ¥ichael Woodbury regarding an amendment to variance #267, Woodbury Lumber, Michael Woodbury appeared and explained to the Board that by changing the sign it would make a better looking job r' "H~~?::<~,,;,:,:j<Y:·', :JI::":!::>, , . ' "I,'·:" l<ï/ '-... 0/ Queenðbur'1 Q EENSBURY TOWN OFFICE BUILDING ¡: BAY AT HAVILAND ROAD, R. D. 1 GLENS FALLS, NEW YORK, 12801 TELEPHONE: (518) 793-2555 June 1, 1973 - I request that my application, Variance #291, re-examined by your board. My reason for this request is that out of the many names presented to you in favor of my request only one was in disfavor. Thank you for your attention to this matter hopefully a reversal of the previous d;lision. ,. Robert Clark û..J A éL,i .. ", .J. I;¡¡, A PROGRESSIVE COMMUNITY. ..A BETTER PLACE TO LIVE.. WATCH QUEENSBURY GR~W Yawn 0/ Queenjbup~ QUEENSBURY TOWN OFFICE BUILDING "~ BAY AT HAVILAND ROAD. R. D. 1 GLENS FALLS. NEW YORK. 12801 TELEPHONE: (518) 793-2555 DEPARTMENT June 6, 1973 Queensbury Zoning Board of Appeals Mr. John Fitzgerald, Chairman Mr. Fitzgerald; This is to request an amendment to Variance #267 granted on November 16, 1972, to move a non-conforming, pre-existing sign. , ~ New sign will b~ one face rather than-"V" and will be lower by app~oiximatly ten feet. ~e Will eliminate terrible looking poles for sûpport and substitute 4x4's placed on top of existing shed further away from property line. Sign will be less visible from Glen and better looking then that previously approved. This is part of our general improvement program to upgrade our physical appearance. , ,0c-.CJ C~""Wðcd .~ 'Michael Woodbury · -..4- )\ \i~ J. A PROGRESSIVE COMMUNITY. . ,A BETTER PLACE' TO LIVE, :.wA TCH QUEENSBURYGROW . ¡,tt3 Jown 0/ QueeniJUP'1 QU EENSaU RV TOWN OFFICE au I LDI NG ;'- ~ ,} ~~ ~ ~j :~ i.J 'i '1 BAY AT HAVILAND ROAD, R. D. 1 GLENS FALLS, NEW YORK, 12801 TELEPHONE: (518) 793·2555 DEPARTMENT June 4, 1973 ,,~~ I request that my application, Variance # 274 be re-examined by your Board. My reason for this is to amend the Variance to allow an exit on Quaker Road, instead of Meadowbrook Road, for the Real Estate Office. . This parcel will be land locked if not permitted. , ."..; 11 f Mrs. Harry LaPann ;i ~': ftlAl' HcWftf.~ ".1 ',1,. .",;pi. c. f· \.....- ~.... , A PROGRESSIVE COMMUNITY. . ,A BETTER PLACE TO LIVE., ,WATCH QUEENSBURY GROW "4 than using poles as previously planned. Appearing for questions was Jack Halliman, 19 June Drive and Mr. Fitzgerald explained the plot plan to him. Mr. Hutton commented that it would be lower than a free-standing sign. There were no other appearances. The Board: RESOLVED: application No. 267, C. G. Woodbury for placing a sign on top of building instead of a free-standing sign is granted. The Board is of the opinion that such amendment to original decision is less non-conforming. Mr. Fitzgerald then read a letter from Mr. Harry LaPann requesting that application for variance #274 be re-examined by the Board, to allow an exit on Quaker Road, instead of Meadowbrook Road for the real estate office. Appearing for Mr.. LaPann was Karl Suprenant. Mr. Fitzgerald advised that this was what the Board had dis- cussed previously and Mr. Hutton read the decision regarding the original request. Mr. Fitzgerald referred to the Feb- ruary minutes and noted that there was very strong feeling against an increase in the congestion on Quaker Road. The Board: RESOLVED: application #274 by Harry LaPann for amendment to original decision dated February 22, 1973 is not granted. The Board is of the opinion that original decision should stand. With regard to the next matter of old business, variance #293, Anthony Marcinkevicius, 7 School house Road, to place a swimming pool less than the required setback, Harry -- Baker and Vitty Marcinkevicius appeared on behalf of the applicant. When Mr. Fitzgerald asked about a survey of the 1,5' property, Mr. Baker said it should be a matter of record. The Board studied the tax map and Mr. Baker explained where the survey stakes are located. Mr. Fitzgerald told Mr. Marcinkevicius that the Board must have grounds for granting a variance, i.e. hardship and said that the Mar- cinkeviciuses had created their own hardship. He also explained the legality, i.e. damage to a septic system. Mr. Marcinkevicius told the Board that his parents were caring for the neighbor's trees. There were no other appearances. The Board: RESOLVED: application No. 293 by Anthony Marcinkevicius to place a swimming pool less than the required set- back on the property situated at 7 Schoolhouse Road is granted. The Board is of the opinion that such variance is reasonable use of the land. Because there were no appearances for application #297, William H. Taft, the Board held over any decision so appli- cant could appear and present detailed plans. The next matter of old business involved application for Special Use #40, Stephen Lapham. Mr. Fitzgerald advised that the Board had questions regarding the exterior of the building. Mr. Lapham appeared and presented architectural plans to the Board. Mr. Sicard asked about the type of construction. There were no other questions or appearances. The Board: --- RESOLVED: application No. 40, Special Use, by Stephen Lapham for indoor tennis is granted. The Board finds: Itff,. 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and/or high- ways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 4. That there are full adequate parking areas and off- street loading spaces, in conformity with the proposed parking requirements of the zoning ordinance of the Town of Queensbury and all other related ordin- ances. 5. That suitable planting or screening has been required as follows: Planting and screening as may be required by Queensbury Beautification Committee to conform with residential area. 6. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. In the final matter of old business (which was re- advert$sàd) Mr. Fitzgerald read proof of publication for application for variance #304, AGNES ROZELLE (LASSER REALTY) TO CHANGE A NON-CONFORMING USE FROM A BRANCH POST OFFICE, COUNTRY STORE TO A COCKTAIL LOUNGE STEAEHOUSE RESTAURANT ON THE PROPERTY SITUATED AT 64 MAIN STREET~ TOWN OF QUEENSBURY. Appearing on behalf of the applicant was attorney Earl Matte who pleaded hardship for Mrs. Rozelle (because of ill health). The entire testimony of this hearing is on tape in the County Building. Appearing on behalf of Mr. and Mrs. Arthur Dueì-l-and Mrs. Stephen Duell was attorney Philip McIntire who told the Board that the boundary line is 3 ft. 1'1 from the proposed restaurant and cocktail lounge. He cited the section of the ordinance (10.202) stating specific grounds for granting a variance and noted that physical being is not grounds.....He told the Board that he had signatures (which could be varified) of 39 people in objection to the request. He presented to Secretary Hutton an additional list of 45 people. Also appearing against the application were Willard Whittemore, Charles Whittemore, Pauline Joslin and Roland Akins. Willard Whittemore asked for a show of hands of others in the room who were against the application. A count showed 16 against. There were no other questions or appearances. The Board: RESOLVED: application No. 304 by Agnes Rozelle-Lasser Realty to change a non-conforming use from a branch post office to a restaurant and cocktail lounge is not granted. The Board is of the opinion that not sufficient hardship has been shown. Note: Mr. Hutton abstained from voting. Chairman Fitzgerald then established proof of publication for application for variance #307, ROBERT S. BATEASE TO ENLARGE A NON-CONFORMING USE IN AN R-4 ZONE '¡ON THE PROPERTY SITUATED AT WESTERN AVENUE. TOWN OF QUEENSBURY. Appearing on his own behalf was Mr. Batease who explained the plot plan to the Board. Mr. Sanderspree asked if it was heavy or light industry and Mr. Batease advised it was '- light (woodworking) and he would like to improve the property. 1'8 The Warren County and Town Planning Boards approved the request. Mrs. Benjamin Scoville appeared and noted her approval of the request. The Board: RESOLVED: application #307, Robert S. Batease for enlar;gement of a non-conforming use in an R-4 zone on the property situated at Western Avenue is granted. This is in conformity with the Planning Board which approved the enlargement of a non-conforming use. Proof of publication was then established for application for variance #308, WINNIFRED SCOVILLE/LILLIAN TRACKEY, TO CHANGE A NON-CONFORMING USE FROM A GIFT SHOP/USED MERCHANDISE STORE TO A LUNCH ROOM ON THE PROPERTY SITUATED AT 7 LUZERNE ROAD, TOWN OF QUEENSBURY. Appearing were Mrs. Scoville and Lillian Trackey. Mrs. Scoville told the Board that her husband had a grocery store until he was taken ill. They sold out and it was vacant for a year and a half. Mr. Fitzgerald established that it had been about 2 yea~s since it was used for a grocery store. Mr. Liapes advised that after a lapse of 18 months, it reverts to residential. Mr. Sicard asked about the hours and parking and Mr. Sanderspree asked about a sign. There were no other questions. The Town and County Planning Boards approved. The Board: RESOLVED: application No. 308 by Winifred Scoville- Lillian Trackey to change anon-conforming use from gift shop store to a lunch room on the property situated at Luzerne Road is granted. The Board is of the opinion that such variance is a reasonable use of land and building. \1 qc¡ Chairman Fitzgerald read proof of publication for '-- application for variance #309, WILLSTON REALTY/LIVINGSTON FURNITURE TO ENLARGE A NON-CONFORMING USE ON THE PROPERTY SITUATED AT DIX AVENUE AND QUAKER ROAD, TOWN OF QUEENSBURY. Lawrence J. Fredella appeared and told the Board the plans had been drawn by Mr. Kurosaka. There were no other appearances. The Planning approved the enlargement of a non- conforming use. The Board: RESOLVED: application #309 Willston Realty/Livingston Furniture to enlarge a non-conforming use on the pro- perty situated at Dix Ave & Quaker Road is granted. The Board is in concurrence with Town and County Planning Boards. Proof of publication was then established for application for variance #310, JAMES WILSON TO ENLARGE A NON-CONFORMING USE IN REGARD TO FRONT AND REAR SETBACKS FOR GARAGE ON THE PROPERTY SITUATED AT 2 HUGHES COURT, TOWN OF QUEENSBURY. Mr. Wilson appeared and told the Board the addition to a 12 x 20 garage would make it 24 x 28. The Planning Board approved with no comment. There were no other appearances. The Board: RESOLVED: application #310, James L. Wilson for enlarge- ment of a garage on the property situated at 2 Hughes Court is granted. The Board is of the opinion that the granting of this variance is in general harmony with the purpose of the ordinance. Mr. Fitzgerald read proof of publication for application for variance #311, SHERATON INN/G BOYCHUCK TO PLACE AN OVER- SIZE FACIA SIGN AND AN OVERSIZE FREE STANDING SIGN IN AN R-5 J~~ ZONE ON THE PROPERTY SITUATED OFF AVIATION ROAD, TOWN OF QUEENSBURY. Appearing on behalf of the applicant were attorney Earl F. Matte and Robert Platt of Signs of Progress. They displayed a plot plan on the wall and explained it to the Board. Mr. Matte said the location of the facia sign is on the front of the building and will be red. He explained the proposed free-standing sign and said the proposed location is needed so that cars can see it before reaching the exit. Mr. Liapes commented that in an R-5 zone, no signs are allowed. Mr. Fitzgerald advised that in the application for variance May 20, 1972, decision was affirmative on the grounds that no non-conforming signs would be permitted. He read the decision and commented that the Board was very cognizant of the R-5 zoning and was preserving that. He reminded Mr. Matte that the decision was a matter of record in the County Clerk's office. The Warren County and Town Planning Boards disapproved and approved respectively. Mr. Sicard referred to the fact that no mention of sign was made in original application. Discussion with Mr. Liapes ensued and Mr. Fitzgerald suggested that Messrs. Platt and Matte study the visibility aspects of the area and Mr. Matte asked for an adjournment for that purpose. The Board withheld decision until the July meeting. a:( () I Chairman Fitzgerald read proof of publication for application for variance #312, BRUCE WEIDERSPEIL TO PLACE AN OVERSIZE SIGN LESS THAN THE REQUIRED SETBACK (50') ON THE PROPERTY SITUATED AT MILLER HILL, TOWN OF QUEENSBURY. There were no appearance·s for the application. Appearing in opposition were Mrs. William Richardson, l6:Breenway Drive, Edna Butler and Pierre D'Andrea. The Planning Board recommended 50 sq. ft. sign on 20' setback. Mr. Fitzgerald said he would like to ask questions of the applicant and recommended taking no action at this meeting. The Board: Held over to July meeting to allow applicant to appear before the Board. Proof of publication was read for application for variance #313, DANIEL ESTEP TO CONSTRUCT A MOTEL IN AN M-l ZONE ON THE PROPERTY SITUATED AT CORINTH ROAD, TOWN OF QUEENSBURY. The motel would have 42 units, each 260 sq. ft., 50 parking spaces; construction t:è\be concrete block, precast panels and steel partitions. Appearing for the applicant was Robert E. Heslin, attorney and John Estep, brother of Daniel Estep. Mr. Heslin explained the plot plan and location to the Board. Mr. Fitzgerald if it would be part of a chain operation and Mr. Heslin said it would be privately owned and retained in the ~Þa Estep family. Mr. Sicard asked about a traffic survey and Mr. Heslin replied negatively. He did say the New York State Department'o£ Transportation plans to re-locate Big Boom Road. Mr. Heslin, "During the past year or perhaps longer period of time, no one has expressed an interest in using this land for M-I purpose. It seems this use would be in harmony for the restrictions established for the area and also in general harmony in accordance with the Master Plan. There are commercial type uses in the neighborhood - gas station, Copper Kettle. We think that this use of the property would complement the development of the land...." There were no other appearances. Mr. Sicard asked about the septic system and Mr. Fitz- gerald commented that any signs would have to be conforming with the ordinance. The Town Planning Board approved with the comment: Recommended approval of Amended Variance #313,M-l District rather than R-4, J. Gerrity property rather than Rosenblum. The Board: RESOLVED: application #313, Daniel Estep for construction of a 42 unit motel in an M-l zone on property situated at Corinth Road is granted. The Board is in concurrence with the Queensbury and Warren County Planning Boards. In the final matter of new business, Chairman Fitzgerald read proof of publication for Special Use #42, MERWYN PASCO FOR A GOLF DRIVING RANGE IN A C-3 ZONE ON THE PROPERTY SITUATED AT BAY ROAD, TOWN OF QUEENSBURY. ~o3 Appearing on his own behalf was Mr. Pasco. As in all applications for special permitted uses, a tape recording of all findings is a matter of record in the Town Building. Mr. Sanderspree asked about the hours of operation and Mr. Pasco said, "Selling till 10 p.m., close at 10:30 or 10:45." Mr. Fitzgerald asked about fencing in the back and advised Mr. Pasco about his liability. The Town and County Planning Boards approved. The Town Planning Board recommended approval provided that 2 access entrances be permitted, and side setbacks of proposed building be a minimum of 15'. The Board: RESOLVED: application for special use No. 42 by Merwyn Pasco for golf driving range is granted. The Board Finds: 1. The ~se is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 4. That there are full adequate parking areas and off- street loading spaces, inconformity with the pro- posed parking requirements of the zoning ordinance of the Town of Queensbury and all other related ordinances. 5. That suitable planting or screening has been required as follows: As may be approved by Queensbury Beauti- fication Committee. '0 6. That such use is of the same general character as, or will not be in~urious to, the surrounding neighborhood or district. There being no further business to come before the meeting, on motion duly made and seconded, the meeting was adjourned at 11:42 p.m. ~4~ 7~ Secretary "-' B-Of