1981-11-18
1()3
MINUTES
Queensbury Zoning Board of Appeals
November 18, 1981 7:30 P.M.
'--..
Present:
Kirkham Cornwell, Chairman
Theodore Turner, Secretary
Susan Goetz
Daniel Griffin
Charles Sicard
Sjoerdje Richardson
R. Case Prime
Stephen Lynn, Staff
Mack Dean, Staff
League of Women Voters
The minutes of the October 21, 1981 meeting were approved on a motion
by Mr. Turner, seconded by Mrs. Goetz. Motion carried unanimously.
OLD BUSINESS
VARIANCE No. 730 - Smitty's Tire and Auto Service, Corinth Road
Mr. Robert Platt and Mr. Donald Smith present. As a result of suggest-
ions from previous meeting, Mr. Smith agreed to trim trees and reintro-
duced proposal to install sign setback five feet from property line
rather than on property line in original proposal. There was discussion
on location of property line. The County described line as being 5 ft.
closer to roadway than the iron pipe. Mr. Smith and the Board agreed
that property line is designated by the iron pipe. Mr. Sicard offered
a motion to approve variance, seconded by Mr. Turner. Motion carried
unanimously.
RESOLVED: The Board granted this Sign Variance
with 5 ft. setback as indicated by
iron pipe described by applicant as
property line, because of the visual
approach from east and west (approxi-
mately 22 ft. 6 inches from roads edge.
No additional signs to be added to
sign pole.
VARIANCE No. 732 - J. Koke and Associates, Inc., Minnesota þ,venue
Mr. Koke present. Mr. Cornwell explained situation to Mr. Koke.
Koke requested and received copy of Building Inspector's letter
owner of property in question, Mr. Richard Sears, regarding the
tions of the Town Zoning Ordinance. Motion to deny variance by
Goetz, seconded by Mr. Sicard. Motion carried unanimously.
Mr.
to the
viola-
Mrs.
10'-1
November 18, 1981
Page Two
''"-"
RESOLVED: The Board denied this variance
because the building in question
is not in conformance with the
Town Zoning Ordinance per letter
of October 23, 1981.
NEW BUSINESS
SPECIAL PERMIT No. 100 - Lawrence G. Brand, Route 9
To operate a gas station in C-3 Zone on the property situated at west
side Route 9 (former Tom Murphy Auto Sales).
Mr. Brand present. Mr. Bodenweiser has issued permit, no objections.
Mr. Brand will confer with the Beautification Committee at a future date.
The Special Permit was approved unanimously.
RESOLVED: The Board granted this Special Permit.
THE BOARD FINDS:
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
highways and that there are pedestrian walkways
so as to insure public safety and to avoid traffic
congestion.
4. That there are fully adequate parking areas and
off-street loading spaces, in conformity with the
proposed parking requirements of the zoning ordin-
ance of the Town of Queensbury and all other related
ordinances.
5. That suitable planting or screening has been required
as follows:
See letter from Queensbury Beautification Committee
dated 11/17/81 in file.
/ oS
November 18, 1981
Page Three
6. That such use is of the same general character as,
or will not be injurious to, the surrounding
neighborhood or district.
INTERPRETATION No. 7 - Michael O'Connor, East Side Route 9
To operate a travel trailer park in C-3 Zone on east side Route 9.
Mr. O'Connor present. The Board finds the interpretation requested
by Mr. O'Connor to be defined as a variance request,
Meeting adjourned at 8:45, P.M.
,~{
...
Jown 01 Q~enðtu1YJ
QUEEN..URY TOWN OF"CE BUILDING
.. ~
eAY AND HAVILAND "OAD.. ... D. ,
GUN. PALL.. NEW YO"K. 12.01
T I: L 1:.. H 0 N 1:: U' 1 a) 7..2.5. ~.2
..OLICI: DI:..T. 7...2055
HIGHWAY DI:..T. 7.3.7771
BUILDING & ZONING DEP~TMENT
October 23, 1981
Mr. Richard Sears
1 Harold Harris Road
Glens Falls, New York
Dear Mr. Sear s:
This office has received information concerning the expansion of
a building listed in your ownership. The building is on a parcel
of property located on Minnesota Avenue, Tax Map No. 127-7-10.
Furthermore, the use of this building is preexisting nonconforming
to the present allowable residential use. For this reason any
expansion to the building in question requires approval by the Town
Of Queensbury Zoning Board of Appeals and issuance of a building
permit.
Our preliminary investigation into the matter has revealed the
following.
1.
There has been no application to or approvals granted by
the Zoning Board of Appeals. This is in direct violation
of the Queensbury Zoning Ordinance, Section 8.304 Enlargement
of a Nonconforming Use.
There has not heen a building permit issued for the construction
of an addition to this building, which is in violation of Queens-
bury Town Ordinance No. 30, Section 4a.
..
There has not been a Certificate of Occupancy issued for the
legal utilization of the said addition. This is in direct
violation of Queensbury Town Ordinance No. 30, Section 11 a, b,
c and d and Town of QueenBbury Zoning Ordinance, Section 9.300.
The required 30 ft. rear setback has been encroached upon in
violation of the Town of Oueensbury Zoning Schedule Regulations
.
2.
3.
4.
To complete our report on the alleged violations I am requesting that
you contact this office to present any evidence contrary to our
presentfindinga. Failure to contact this office by no later than
November 6, 1981 will be construed as your concurrence to the stated
allegations.
-"""~
s£nut) 1763 . . . HOMf¡ OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE
-'." . .,-,;-:..~~~~~ -~_, ,:J¡lfrJ~'~~~~òk~~:~3tá~,t.:?~~~,~~~c~~"_~"'-""'"
,
Mr. Richard Sear 8
Page 2
October 23, 1981
Upon completion of our investigation you will be notified of ,/
our complete evaluation. If our suspicions are substantiated
you will be presented with an order to remedy the violations.
Failure to "do so will result in Town Board action and or
legal court action.
Sincerely. ¡J /'
~i IlLrow f \~~t-
r . I /
Stephen F. Lynn
Building Inspector
SFL:eb
cc: France. Walter, Supervisor
Kirkham Cornwell, Chairman, Zoning Board of Appeals
Variance File No. 732, J. Koke and Associates
"
..
...---
·""'~~\m~~~~~..d~"¥.."'<t'~'~·"'~__'"'k___~._""':'::~