1968-06-19
39,
MINUTES of a public hearing of the Town of Queensbury
\- Zoning Board of Appeals held at the Town Office Building on
June 19, 1968 at 7:30 P.M.
There were present:
John E. Fitzgerald
James Keller
Charles o. Sicard
George Kurosaka
Allison B. Ellsworth
being all of the members of the Board.
John E. Fitzgerald, the Chairman, presided and James
Keller, the Secretary, recorded.
The minutes of the public hearing held on May 15, 1968
were read by the Secretary and upon motion duly made by Charles o.
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Sicard, seconded by George Kurosaka, and carried unanimously,
were approved.
The notice of public hearing was presented to the Board
by the Secretary on Application for a Variance #41 by William
Gardner for the construction of a dwelling on a non-conforming
lot. Mr. Gardner was not present at the meeting. Mr. and Mrs.
Harley Andrus appeared objecting to the Application. Mr. Andrus
questioned the type of dwelling to be constructed upon the
property, that it at least be in accordance with the Zoning
Ordinance and that any Variance granted should definitely be
on the question that a dwelling constructed would have to be
within the limits of the Zoning Ordinance.
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Mr. Fred H. prodell was also present objecting to
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this application. He stated that he didn't believe Mr. Gardner
had the skill or proper materials to build a dwelling that would
meet the requirements of the Zoning Ordinance. It was pointed
out to those present that the Zoning Inspector would not issue
an occupancy permit if it did not meet the size requirements
and public health requirements.
Mr. Ronald Stewart appeared in favor. He stated that
he wanted to see Mr. Gardner get a better place to live in since
he was only living in a garage right now. He gave the Board some
information regarding the proposed size, location of porches and
materials proposed to be used for siding, but the Board pointed
out that this could not be considered valid information since
Mr. Gardner was not present himself and had no one there to
represent him.
After discussion, upon motion duly made, seconded and
carried unanimously, it was
RESOLVED, that Application for a Variance
#41 by William Gardner for the construction
of a dwelling on a non-conforming lot be
denied on the grounds that there has been no
showing of hardship within the meaning of the
Ordinance to permit the Board to grant the
Variance.
The next item to come before the Board is Application
for a Variance #38 by Arkley Tire Company for the construction
of an oversized sign within 50' of the right of way. Mr. Kenneth
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Bauer representing Firestone was present as was Mr. Hoffman of
L1 1 ,
Signs of Progress and Mr. Harold M. Swingle of Firestone. These
men stated that the sign proposed to be erected was necessary
since it would be the only sign with the name on it. It was
pointed out that it could not be a smaller sign because if it
were smaller the motorists couldn't see it until they were right
on it. They pointed out that this sign was for identification
purposes to show the motorist where the building is. Preliminary
drawings for the taking by the State for the widening of the
highway were reviewed.
The Secretary read the report of the Planning Board which
disapproved the application with respect to it being within 10' of
the right of way stating that the sign could be relocated. It had
no objection to the size of the proposed sign.
Mr. Frederick G. Bascom was present for himself and
also for Helene M. Bascom property owners across the street at
635 and 637 Glen Street. Mr. Bascom raised several questions
and stated that they hadn't shown any special circumstances
that prevented the reasonable use of the land without a
Variance. Considerable discussion was had on this point. It
was also pointed out that Atkley Tire Company had removed three
signs from the premises and only wanted to put up a new sign
for identification purposes. It was also pointed out that the
old building had been renovated.
Mr. William Richardson and Mr. J. Steckler were present
objecting to the size of the proposed sign. The Secretary
presented the notice of public hearing which was returned by
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Mrs. F. Haag of 1 Glenwood Avenue and a letter from Mrs. Lena E.
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Moore of 3 Glenwood Avenue, both objecting to the sign.
After discussion, upon motion duly made, seconded and
carried unanimously, it was
RESOLVED, that Application for a Varience #38
by ~k1ey Tire Company for an oversized sign
be denied and that any sign permitted on the
premises be within the Zoning Ordinance;
however, the Board will permit the sign to be
up to 15' of the new right-of-way of the highway.
After the conclusion of the public hearing,Application
for a Variance #42 by Tom Murphy Auto Sales to add an additional
sign to an existing post was presented. On motion by James Keller
and Seconded by Charles o. Sicard and carried unanimously, this
was sent to the Planning Board for their report and set for a
public hearing on July 17, 1968.
The next application for a Variance #43 by Northern
Distributing Co., Inc. to place two signs within 25' of the
right-of-way was on motion made by James Keller and seconded by
George Kurosaka and carried unanimously, referred to the Planning
Board for their report and set for a public hearing on July 17, 1968
at 7:30 P.M.
The Secretary pointed out that on June 14, 1968 a
letter had been sent to Cummings & Co. regarding the Supreme Court
Order to remove the signs on Zayre Dept. Store.
There being no further business to come before the
meeting, upon motion duly made by John E. Fitzgerald, seconded
7-} 3.
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carried ?nanimoU~Y~.it~~~~ed.
\.-../ ì/
Secretary
by Charles O. Sicard and
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