1969-02-19
//~.
MINUTES of the public hearing of the Town of Queensbury
Zoning Board of Appeals held at the Town Office Building on
February 19, 1969 at 8:15 p.m. Those present were:
John Fitzgerald
James Keller
George Kurosaka
Charles Sicard
Allison Ellsworth
John E. Fitzgerald, the Chairman, presided. Minutes
of the previous meeting, held on January 15, 1969, were
approved. The Board held an executive meeting before the
public hearing and met with George Kushner to discuss the
matter of Charles Hauser's application for a Variance.
Mr. Hauser will be advised to re-apply for a variance with
the property divided into two (2) lots.
The first order of business was to consider the
application for a Variance #78 of SIGNS OF PROGRESS for
relocating a sign less than 50 ft. from property line on
the property situated at FRIENDLY ICE CREAM CO., Upper
Glen Street, Town of Queensbury. Proof of publication
was established. Appearing for Signs of Progress was Mr.
H. K. Hoffman who stated there would be no changes in the
sign when questioned by Mr. Keller and Mr. Sicard. The
Planning Board report was read approving this application.
After discussion by the Board, it was moved and unanimously
approved that:
'---
BE IT RESOLVED: Application for Variance #78 by
Friendly Ice Cream Company be approved as applied for
1/3.
being that it is in general harmony with the surrounding
area.
Application #79 for a Variance of SIGNS OF PROGRESS
for placing a sign less than 50 ft. from property line on
the property situated at NORTHWAY FLOORS, QUAKER ROAD,
was the next item to be considered. Proof of publication
was presented.
Appearing for Northway Floors was Mr. H. K. Hoffman
and Mr. Joseph Gavita. They assured the Board that the
sign would not obstruct the view. Mr. Keller objected on
the grounds that they should have had more planning before
the project was started. Mr. Hoffman stated that it is
swamp area in the back of the building and the lot is only
200 ft. deep. When Mr. Fitzgerald queried if there were
any objections to its erection, there were no dissenters.
Mr. Mason was concerned about the appearance of the front
of the building and was advised that it was constructed
with shingles. The Planning Board disapproved this appli-
cation. After consideration by the Board, the following
decision was made with Mr. Fitzgerald, Mr. Sicard, Mr.
Kurosaka, and Mr. Ellsworth voting for and Mr. Keller
voting against.
RESOLVED: Application for Variance #79 by Northway
Floors be approved in that it is in general harmony
with the commercial development in the area.
Appearing for CALE DEVELOPMENT CORP.'s application
for which proof of publication was presented, for Variance
#80 in yard dimensions for C2 Zone on the property situated
/ /7'.
at NORTHWAY PLAZA, ROUTE 9 in the Town of Queensbury was
Mr. George Kurosaka who divorced himself from the Board.
Mr. Kurosaka explained his appearance and requested dis-
qualification from the Board because of his association
with Cale Development Corp. Appearing with Mr. Kurosaka
was Mr. Weston Turner, Superintendent of Cale Development
Corp. After Mr. Kurosaka's presentation of a plot plan,
the Board was disturbed about parking area, signs, and
access. Mr. Kurosaka pointed out that water pipes, sewer
lines, gas lines, etc. are sized to take the addition.
No one appeared objecting to this application. After
further questioning by Mr. Keller, the Board decided to
defer action pending a report of the Planning Board.
Next to be considered was the application for a
Variance #81 of Stephen Barto and Robert Scherer to remodel
an existing building into three (3) apartments, and also
to consider an application for a Special Permit to construct
a new Bar and Cocktail Lounge on an existing structure.
Proof of publication was presented. Appearing for Mr. Barto
was William Bacas, attorney, and Mr. Robert Scherer for
himself. Mr. Fitzgerald asked Mr. Bacas to explain the
application. Mr. Bacas described the existing business
and requested permission for the change stating that there
would be parking for 100 to 150 cars. The location is in
an R3 Zone and the area around Lake Sunnyside is zoned E4.
~
J/~
Mr. Bacas advised that it would be in character with the
neighborhood and described the businesses that are sur-
rounding the premises. In Mr. Bacas' showing of hardship,
it was noted that Mr. Harto and Mr. Scherer have spent in
excess of $70,000 since they have owned the property.
Mr. Scherer wants to enhance the area stating that it would
be used in a more desirable fashion. Mr. Bacas submitted
the signatures of fifty residents in the adjoining area
stating that thirteen (13) of the signatures which were
within 500 feet have been checked and there are no objections.
Upon Mr. Keller's question regarding future plans for en-
larging the bar, Mr. Scherer replied that he had no further
plans. At present, the bar seats 150 or more patrons and
Mr. Scherer desires a capacity of from 40 to 50. Mr. Fitz-
gerald gave the plot plan to Mr. Mason to study. Mr. Sidney
VanDusen, an adjoining property owner, did not appear in
objection but raised questions about the parking lot which
he said has created a dust problem in the past; Mr. Van
Dusen also was concerned about the sign and how close the
building would be to his property line.
After Mr. Sicard questioned Mr. Scherer about the
sign, Mr. Scherer stated that there would be no changes
in the existing sign and that he did not intend to replace
it with another.
The Board unanimously:
// fo·
RESOLVED: Application for Variance #81 by Stephen
Harto and Robert Scherer for relocation of a bar to
a new structure adjacent to the existing club house
and the remodeling of the existing bar structure
into three (3) apartments be approved being that the
proposal is in general harmony with the commercial
character of the area providing that the parking lot
be paved and that the existing sign not be modified.
In the application for Special Uses of DONALD PENSEL
Variance #82. for building permit to build: building for
boat storage and display on the property situated on South
Side of Route 9L West of Warners Bay, there was both oppo-
sition and support. Proof of publication was presented.
Mr. and Mrs. Philip Davies and Mr. and Mrs. James Schoonover
who own homes in the area, appeared objecting to further
commercialization of a residential area and expressed con-
cern about traffic safety, pointing out that the location
is near the brow of a hill. Mr. Alger C. Mason who owns
property in the area and Mr. Scott McLaughlin, president
of the company which owns an adjacent laundromat and diner,
said they would not object. Mr. Mason said he felt that
Route 9L would eventually become more or less commercial.
Mr. McLaughlin said the building would be an asset to
northern Queensbury.
After the Board's questioning of Mr. Pensel who
appeared on behalf of himself, as president of the Dunham's
Bay Boat Co., Inc. R.D.#l, Lake George, the Board made the
following decision unanimously:
I I 7.
VARIANCE #82, Dunham's Bay Boat Company action by
the Zoning Board has been deferred pending further
discussion with the Planning Board as to the general
commercial development along Route 9L.
In the matter of old business, Mr. Francis Dorsey,
appearing for Gulf Oil and Mr. Robert Hoffman for Signs of
Progress stated that after a phone conversation with
At\orney Judge, they agreed that no sign could be put
between the Blacksmith Shop and the stations. Therefore,
the request for a Variance #75 by Leslie M. Quay on behalf
of Gulf Oil Corporation was approved as follows:
RESOLVED: Application for Variance #75 by Leslie
M. Quay on behalf of Gulf Oil Corp. to relocate an
existing sign be approved as applied for being that
it is in general harmony with the surrounding area.
The Board then discussed questions raised by Mr.
Alger Mason as to what course he should follow in adding
to his cottage development at Cleverdale. He had appeared
before the Planning Board earlier in February and had been
advised that the Zoning Board would rule. The Board de-
cided that the application involved a pre-existing non-
conforming use subject to fifty per cent expansion with
approval of both the Zoning Board and Planning Board.
Members recorded their own approval and recommended that
Mr. Mason return to the Planning Board in March.
On a motion made by George Kurosaka and seconded by
Charles Sicard, the meeting was adjourned.