1968-09-18
S3.
MINUTES of the public hearing of the Town of Queensbury
,,"--
Zoning Board of Appeals held at the Town Office Building on
September 18, 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 August 21,
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
#47 by Gulf Oil Corp. was presented to the meeting. The applica-
tion which was read by Mr. Fitzgerald was for the erection of a
two faced sign which did not meet the requirements of the Zoning
Ordinance. There was no one present representing Gulf Oil Corp.
Mr. Richard Murphy was present objecting to the proposed sign
because he stated the sign had been at the station before
Zoning and it had not been erected at a time when it would not
have been in violation of the Ordinance. He also stated that
there were several other large signs there and this would only
'--
-.i.j
6 ,
add to the artificial lighting that was present all around
his home. He also felt these signs were helping to create
"----
a great traffic problem on Aviation Road with cars from the
Northway going to the various gas stations along Aviation Road.
Mr. Robert Eddy, Chairman of the Beautification Committee of the
Town of Queensbury stated that he and his Committee were objecting
to this sign. He said this was to be erected where it would
bother residents of the area and they should be protected. He
said we have a sign ordinance and all signs should conform to
the regulations of the Ordinance. Mr. William Richardson was also
present objecting on the grounds of no hardship in this application.
Mr. Thomas Curran was present objecting because Gulf was there
before the Ordinance and they had ample time to put up the sign
'---
when the residents could do nothing about it. The report of the
Planning Board disapproved the application because there has been
no practical difficulty or extreme hardship shown. After discussion,
upon motion duly made, seconded and carried unanimously, it was
RESOLVED, that Application #47 by Gulf Oil
Corp. be disapproved since no grounds for
granting the Variance were shown.
The notice of publication was presented on Application
for a Variance #48 by Combs Electric Co. for use of a non-
conforming existing building for his electrical contracting
business. Attorney William Bacas and Attorney Michael J.
O'Connor of McPhillips, Fitzgerald & Meyer were present
~ representing Mr. Combs. The report of the Planning Board
ss:
approving the application was read. After discussion, upon
\\
¿,/
( (.~
."
\\
'-"
motion duly made, seconded and carried unanimously, it was
RESOLVED, that Application for a Variance
#48 by Combs Electric Co. be approved in
concurrence with the Planning Board.
""
'~ "u
v .;,.¡;.
)1} ,~J
The notice of publication on Application for a
Variance #50 by George Miller was presented to the Board. This
application is for the erection of a summer dwelling on a non-
conforming lot on Assenbly Point. Attorney Wayne Judge of Clark,
Bartlett & Caffry was present representing Mr. Miller. Mr. Judge
stated that the lots had been approved prior to the Ordinance
and that the seller, Mr. Veeder, felt that they were still
approved lots even though undersi~ed. Mr. Judge stated that
there was a hardship involved in view of the fact that Mr. Miller
'--
had purchased the lot and that construction was due to start
immediately. Attorney Michael Cipolla of Albany was present
representing the Assembly Point Association as well as himself
and his wife as property owners in Shore Colony. Also present
with Mr. Cipollo were Mrs. Anna Cipollo, Mrs. Frank Adamo,
Mrs. Betty Murray, Joseph Schmidinger, Henry Merrill, Dr. Elsey,
Henry Clark, Mr. and Mrs. Laursen, Raymond Murray, Lydia and Joseph
DeCamilla, James and Mary Welch, Mr. and Mrs. Marsolis, Margaret
Lang, Mr. and Mrs. Guy Ham, Mr. and Mrs. Weiman and Mrs. Wieller.
Mr. Cipollo stated that all of the interested people within 500
ft. had not received notices. After ansiderable discussion between
'--
the members of the Board and AttorneysCipollo and Judge, Mr. Judge
S0,
agreed to the postponment of the decision of the Board until
all of the members of Shore Colony and the Assenbly Point
Association could be notified to appear. He also waived the
time limitation for the Board's action on this application.
The question of pre-existing lots was referred to the Town
Attorney for his interpretation of the Zoning Ordinance and
adjourned to the next public hearing.
The notice of publication on Application for a Variance
#51 by Carl DeSantis to construct an addition to an existing
building closer than 15 ft. to the property line was presented
to the Board. Mr. Judge was present representing Mr. DeSantis.
Mr. Joseph DeSantis was also present. It was pointed out that this
was the only possible location for this new banquet hall since
it was close to the kitchen. Also present was Mr. Arthur
Norton. It was stated that Mr. Charles Wood, the adjoining
property owner, had no objection to this being so close to
his property line. After discussion, upon motion duly made,
seconded and carried unanimously, it was
RESOLVED, that in concurrence with the
Planning Board as being within the general
plan of the Town this application for a Variance
#51 by Carl DeSantis was approved.
The notice of publication on Application for a Variance
#52 by Robert Elred for permission to operate a tropical fish
and gift shop was presented to the Board. Mr. and Mrs. Robert
c'-
Elred were present. Also present were MI& James Eldred and
S7.
Mrs. Hazel Hazelton, neighbors objecting to this application.
'--
They stated that their deeds have restrictions against conducting
a business in their homes. Mr. Elred stated he had no such
restriction in his deed. After discussion, upon motion duly
made, seconded and carried unanimously, it was
RESOLVED, that Application for a Variance
#52 by Robert Elred be disapproved on the
grounds that no hardship had been shown.
After the conclusion of the public hearings, Application
for a Variance #53 by Glen Lake Service Corp. for permission to
install two small signs on existing supports of a non-conforming
identification sign was presented to the Board. After discussion
upon motion duly made, seconded and carried unanimously, this was
',,-,
sent to the Planning Board for their reRort and set for a public
hearing on October 16, 1968.
The next application for a Variance #54 by Donald and
Dorothy Petry to build an addition to an existing house and a
garage on a non-conforming lot was presented. It was noted that the
application was not complete and no action was therefor taken.
Application for a Variance #55 by Meadowrun Developmwnt
Corp. to move the present Blacksmith Shop sign on Aviation Road
was presented to the Board. Mr. Judge was present representing
Meadowrun Development Corp. After discussion, upon motion duly
made, seconded and carried unanimously, this was referred to the
"--'
Planning Board and set for a public hearing on October 16, 1968.
Sf!,
Application for a Variance #56 by Meadowrun Development
'-
Corp. for moving a sign back 20 ft. from its present location
because of the widening of Route 9 by the State. After discussion,
upon motion duly made, seconded and carried unanimously this was
referred to the PLanning Board for their report and set for a
public hearing on October 16, 1968.
There being no other business to come before the
meeting, upon motion duly made, seconded and carried unanimously,
the meeting was adjourned.
__ LJ~
~'-G
ecretary
'-
'--