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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.