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1968-08-21 1) 7. '----' MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on August 21, 1968 at 7:30 P.M. There were present: John E. Fitzgerald James Keller George Kurosaka Charles o. Sicard 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 July 17, 1968 were read by the Secretary and upon motion duly made by Charles O. ',- Sicard, seconded by George Kurosaka and carried unanimously, were approved. The notice of publication on Application for a Variance #44 by JeRay's Restaurant was presented to the meeting. Mr. Raymond Brennon, owner of JeRay's, was present as was John Stockberger of Signs of Progress. It was pointed out that the new sign would be closer than 50' from the road. Considerable discussion was had with reference to other possible locations of the sign. Mr. Brennon stated that he would remove all other signs that are presently there, and he felt the new sign would improve the appearance. After discussion, upon motion duly made, seconded and carried ,. unanimously, it was '-- J../ g, """-" RESOLVED, that Application for a Variance #44 by JeRay's Restaurant be approved provided that the arrow be removed from the sign and that all portions of the sign be back 20' from the right of way of Route 9. The sign can be located up to 20' of the north or south line provided that all existing signs on the roof be removed which are non-conforming signs. The notice of publication on Application for a Variance #45 by Carl DeSantis of Howard Johnson's was presented to the meeting. Mr. DeSantis was present. Also present was Attorney Wayne Judge of Clark, Bartlett & Caffry representing Mr. DeSantis. Mr. Judge pointed out that it was Mr. DeSantis' intention to ask if the sign could be moved within 6' of the property line on the west but he would move it back the 50' on Aviation Road. Discussion was had with reference to the State's position on signs close to the ramp exits of the northway. Mr. DeSantis said there was no ',-- restriction on this type of sign only billboards which require a permit. The report of the Planning Board was presented approving this application. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, that this Application for a Variance #45 by Carl DeSantis be approved with the provision that the sign be located at least 50' from the right of way of Aviation Road as relocated. The notice of publication on Application for a Variance #46 by Otto and Elizabeth Schweikhart was presented. Mr. and Mrs. Schweikhart were present and also Attorney Michael J. O'Connor of the firm of McPhillips, Fitzgerald & Meyer who represents Mr. and Mrs. Schweikhart. John·E.. Fitzgerald disqualified himself from ~/9. participating on this application. This application was also for -- the relocation of signs because of the taking by the State of New York. Considerable discussion was had with reference to the present and proposed location of the signs and Mr. O'Connor showed pictures taken of the motel, including the signs. Mr. O'Connor stated that they requested the AAA sign be left with all other signs removed on the main sign because this sign was a considerable asset to the business. The report of the Planning Board approving this applica- tion was presented. After considerable discussion, upon motion duly made, seconded and carried unanimously, it was ',,-- RESOLVED, that Application for a Variance #46 by Otto and Elizabeth Schweikhart be approved to relocate the two signs with the interchangeable plate and the AAA with it. All other signs are to be removed. The two signs are to be at least 20' from the new right of way of Route 9. After the conclusion of the public hearings Application 147 by Gulf Oil Corp. for the installation of a new sign was presented to the board. There was no one present from Gulf Oil Corp. It was pointed out that the application stated the sign would be 35' in height and located a minimum of IS' from the new Aviation Road and/or the new Quaker Hill Road. Upon motion of John E. Fitzgerald, seconded by George Kurosaka and carried unanimously, this was referred to the Planning Board for their report and set for a public hearing on September 18, 1968. Application for a Variance #48 by Richard M. Combs was the next order of business. Mr. Combs was present and represented by Attorney William Bacas and Attorney Michael J. ,:; o. '-- O'Connor of McPhillips, Fitzgerald & Meyer. Mr. Fitzgerald stated that he would have to disqualify himself on this Application. This application is for a non-conforming use in a building which is not suited for any other purpose. Both Mr. Bacas and Mr. O'Connor pointed out that this building on the corner of Hicks and Ridge Roads has for many years been used for commercial purposes and is presently under a contract for purchase by Mr. Combs. Mr. Combs wants to use this location for his electrical contracting business. It was pointed out that most of the work is done away from the location and the building would be used for a limited showroom, small office, warehouse and for trucks. It was also pointed out that the grounds around the building would be land- scaped and kept attractive. A petition was presented to the board by Mr. Bacas signed by residents of the area and Mr. O'Connor presented an affidavit in~pport of this request by Richard M. Combs. After considerable discussion, upon motion by George Kurosaka, seconded by Charles o. Sicard and carried unanimously, this was referred to the Planning Board for their recommendations and set for a public hearing on September 18, 1968. Application for a Variance #49 by Northway Floors was the next order of business. Mr. Larry Fredella was present for Northway Floors. This is a non-conforming lot which was just purchased from A. C. Warner Co., Inc. Considerable discussion was had on this matter sin~e the lot was undersized when it was sold. It was suggested that they try to buy additional land. ',- "---' '-- '-- 01. Upon motion duly made by Charles O. Sicard, seconded by John E. Fitzgerald and carried unanimously, this was referred to the Planning Board and set for a public hearing on September 18, 1968. Application for a Variance #50 by George Miller for the construction of a seasonal dwelling at Shore Colony on a non- conforming lot was presented to the meeting. After discussion, on motion of John E. Fitzgerald 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 September 18, 1968. Daggett Vending Service on Western Avenue proposed to expand an existing dwelling for a non-conforming use which required the approval of both the Planning Board and the Zoning Board of Appeals. The Planning Board approved and on motion of John E. Fitzgerald, seconded by Charles o. Sicard and carried unanimously, was also approved by the Zoning Board of Appeals. Several other matters were discussed with Norman Ferguson, Zoning Inspector, and his questions were answered. A question was raised about procedure on applications which were sent to the Planning Board and then set for a public hearing. The Board felt that they didn't have all of the facts until the time of the public hearing at which time because of the two month limitation they had to make their decision immediately. It was suggested that an Executive Committee be established to refer matters to the Planning Board and set them for a public hearing which came in between the regular meetings so that the SJ, Board could take action at the next meeting and learn all the facts before making their decision. It was moved to amend the .~ procedure and have an Executive Committee consisting of John E. Fitzgerald and James Keller. This Committee would have the power between meetings to process any application if there is sufficient time for them to be put on the agenda and set them for public hearings at the next meeting..~ If reference to the Planning Board was deemed advisable this could be done and a final decision rendered at the next regular meeting, otherwise the matter could be decided immediately. It was also suggested that the public hearings be at 8 P. M. instead of 7:30 and that the Executive Committee meet with the other members of the Board at 7:30 to discuss these prior to the hearings. On motion duly made by "'- Charles o. Sicard, seconded by George Kurosaka and carried unanimously this change in procedure was made. There being no other business to come before the meeting, upon motion duly made by John E. Fitzgerald, seconded by Charles o. Sicard and carried un=i~:S:Y~it ~,ad;,;;ftJ ,-----. Secretary ,--.