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1969-03-19 J ;¿ . MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on March 19, 1969. 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 February 19, 1969, were read and approved on a motion made by Charles Sicard, seconded by George Kurosaka. The first order of business was to consider Special Permit #8 of HAROLD LEBOWITZ, MAURICE AND CHARLES LEBOWITZ for a Mobil gasoline service station located west side of Route 9 south of present Aviation Road and adjacent to newly located Aviation Road. Proof of publication was established. Appearing for Messrs. Lebowitz was J. Robert LaPann, attorney, 55 Elm Street, Glens Falls, who explained the area to the Board and advised that the Planning Board had re- commended its construction. He also noted that the New York State Department of Transportation has informally approved the building. Mr. Keller raised objections and Mr. Fitz- gerald cautioned regarding the sign ordinance stating that the Board does not want to take up a variance for a sign at a later time with the owners pleading hardship. Mr. LaPann replied that it was a sign-less application. /2:{. Mr. Robert L. Eddy, chairman of the Beautification Committee spoke in opposition as a resident of Westland emphasizing the committee's disfavor on any service station at that location and criticized Mobil in particular as un- cooperative as evidenced by their previous ignoring of pleas from the residents of the area for a colonial-type building for the station on Aviation Road near the Northway. Mr. LaPann introduced Mr. Ruben Barkin, field con- struction superintendent for Mobil and H. A. Marlow, area manager for the company who provided more detailed information on building plans and company policy. Mr. LaPann submitted an artist's sketch showing how the building would appear including landscaping and beautification plans. Also appearing in opposition to the request was Mr. William Richardson, 16 Greenway Drive, who stated that the area had reached a service station saturation point. Mr. LaPann expressed distress that the owners were not invited to the Beautification Committee's meeting. Mr. Fitzgerald continued cautioning about the future request for a variance for a sign and Mr. Kurosaka wondered about the company's preventing the station from going into heavy mechanics and Mr. Sicard questioned as to how long the company would operate the station if they could not get a leasee. After an hour's deliberation, the Board decided to table the request until April after the Queensbury Beautification Committee could meet with the owners of the property and Mobil Oil regarding the development of the land. / ') 3- The next order of business was the Board's consideration of Variance #84, KOBACKER SHOE COMPANY, DBA PICK-WAY SHOES for allowing present sign (25 square feet oversize) to remain on the property situated at Zayre Shopping Center, west side of Route 9, Town of Queensbury. Proof of publication was noted. Appearing for Pick-Way Shoes was Terry Ryan, manager of Pic-Way #53. Mr. Fitzgerald questioned Mr. Ryan asking if there was any difference in this application in compari- sion to their previous application. Mr. Ryan answered negatively but qualified it by saying that any reduction in the size of the sign would be detrimental to business. He also advised the Board that they had eliminated the flashing lights. Mr. Fitzgerald reminded Mr. Ryan that after the Board denies an application for a variance, another application cannot be made before the lapse of one year. He quoted the applicable section from the Zoning Ordinance. Mr. Jay Stecker, 18 Carlton Drive, appeared in opposition stating that even after the Board had denied the first application, the sign had not been removed and was still blinking day and night. Mr. Fitzgerald replied that the I ."1(0 (~ e ¡')'\ ~ 11 +. bo& -I , Board was not a, tJ(W~rFH:ng bOà:r<Ei. Mr. Keller pointed out that the Planning Board has disapproved and that the sign is not in keeping with the signs in the area. The Board: J :< "I, RESOLVED: Application for Variance #84 by Kobacker Shoe Company, DBA Pic-Way Shoes be disapproved. The sign was erected in violation of the ordinance and sufficient grounds have not been shown for granting such variance. Application for Variance #85 (proof of publication established) and Variance #86 by BERNARD ROGGE, DBA IMPERIAL RESTAURANT for moving present sign back six feet from new right of way due to state widening Route 9 and IMPERIAL MOTEL for installing sign on canopy less than fifty feet from R.O.W.- present sign must be moved due to widening of Route 9 on the property situated at 700 and 704 Upper Glen Street, Town of Queensbury, were the next items to be discussed. Appearing with Mr. Rogge was Mr. H. K. Hoffman, Signs of Progress. Mr. Rogge and Mr. Hoffman verified that everything would remain the same as requested. Mr. Keller stated that the ~ Planning Board had approved this application noting that it is consistent with the policy for the area. There were no appearances in opposition or proponing. The Board: RESOLVED: Application for Variances #85 and #86 by Bernard Rogge, Imperial Motel and Restaurant be approved as applied for being that the application is in general conformity with the area and the sign will be less non-conforming than the existing one. After proof of publication had been established, appli- cation for Variance #87, ATLANTIC RICHFIELD COMPANY, Atlantic Service Station for relocating sign (due to State widening Aviation Road) on the property situated at 52 Aviation Road, Town of Queensbury, was considered. Appearing for Atlantic / ;¿ 5-. .': Richfield was Mr. H. K. Hoffman. Mr. Keller advised the Board that the Planning Board has approved this move as - consistent with the policy that the State is taking R.O.W. There were no other appearances for or against the application. The Board: RESOLVED: Application for Variance #87 be approved as applied for being that the application is in general conformity with the area and the sign will be less non-conforming than the existing sign. Application for a Variance #88 by PARSONS FORD for moving sign due to State widening Route 9 on the property situated at 630 Upper Glen Street, Town of Queensbury was the next item of business. Because this application was described in the public notice as a relocation rather than an addition, the Board resolved that the application should .~ be re-advertised. Actually, the request was for a sign advertising Cortina cars and this request was met with much opposition. Attorney F. G. Bascom and Robert Scanza of 3 Garrison Road appeared stating their unalterable opposition. Mr. Fitzgerald apoligized for the defective notice and said the testimony would be entered into the record. Appearing on behalf of Parsons Ford was Mr. Charles Housman who owns adjoining property and stated that he had no objections to moving a sign but was not prepared to take a stand on a new one. Application #89 for a Variance of CHARLES F. HAUSER for non-conforming use (involving sections 2.200 and 5.506 of the Zoning Ordinance) on the property situated at Woods //¿fo, Point, East side of Lake George, Town of Queensbury was noted as having proof of publication. Appearing for Mr. "- Hauser was Robert E. Tierney, 188 Boardway, Fort Edward, who made a brief statement regarding Dr. Hauser's feelings saying that Dr. Hauser wanted to be a good citizen but is pleading financial hardship. He has invested $45,000 on the advisement of the town officials and the Planning Board. Mr. Tierney said that his client had followed a course of action that Mr. Tierney and he had thought would be successful. Mr. Gordon Hemmett, representing Mr. and Mrs. Ira Hedges, adjoining property owners, said his clients did not object to the proposed new home but did object to two buildings. Appearing in opposition were Mr. and Mrs. Dirck Olten and Mrs. Edward Bottum, who also objected to two buildings on one piece of land. Dr. Hauser told the members of the Board that it was his intent to rent the second house only until his sister retires which will be about three years. Mr. Ferguson clarified the term "multiple dwellings" as being more than two families in one building. He stated that the point under discussion was two residences. The Board voted as follows: Messrs. Fitzgerald, Mr. Kurosaka, Mr. Sicard and Mr. Ellsworth for and Mr. Keller against. RESOLVED: Variance #89 by Charles F. Hauser be approved \ ) ~ 1, " as applied for in that the granting of the variance is necessary for the reasonable use of the land and that the variance is the minimum variance that will accomplish this purpose. Notice of Public Hearing #90 - application for a Variance of Mike Yaffee, DBA GLENS FALLS ELECTRIC SUPPLY COMPANY for installing two (2) signs on edge of parapet wall above roof on the property situated at northwest corner of Country Club Road and Quaker Road, Town of Queensbury was reviewed. Appearing on behalf of the request waæ Mr. H. K. Hoffman, Signs of Progress, Inc. and Mr. Mike Yaffee, president of the Glens Falls Electric Supply Co. Mr. Keller asked Mr. Yaffee if he had any new plans for the existing sign. Mr. Yaffee stated that no plans to refurbish or refinish the existing sign were under consideration. It is their wish to liquidate the first sign and paint the small sign on the corner. He presented a sketch of the sign saying that anything smaller would be inadequate. Mr. Keller advised that the Planning Board had disapproved saying that there was no justification for the change. Mr. Paul Goldthwaite of Glenwood Avenue objected to more lighted signs in what was once a rustic area. Mr. Yaffee pleaded hardship saying that people pass by because they are watching the road and the present sign is impractical and inadequate. Mrs. Carolyn Pierce, also a resident of Glenwood Avenue, stated her opposition. The Board: RESOLVED: Application for Variance #90 by Mike Yaffee, ) :¿ g, Glens Falls Electric Supply be approved with the following stipulations: that the sign only be illuminated during hours that the store is open and that the existing sign in front of the store be removed. The next action of the Board was to consider the Application for Variance #91 of MARC BRIAND, DBA DARLENE FACTORY STORE to allow present, non-conforming sign to remain on roof on the property situated at northwest corner of Aviation Road and Route 9, Town of Queensbury. Dennis O'Brien, associate of Signs of Progress, appeared with Mrs. Howard, manager of Darlene's, on behalf of the request. Mr. Fitzgerald stated that changing copy constitutes a new sign according to the town attorney. Mr. O'Brien stated that the sign meets all other requirements. Mr. Howard stated that they have invested in the neighborhood of $65,000. - Mr. Kurosaka's interpretation of this was a pleading of hardship. After consideration, the Board: RESOLVED: Application for Variance #91, Marc Briand, DBA Darlene Factory Store be approved based on approval prior to Zoning. In the order of old business, the Board: RESOLVED: The application for a Variance #82 by Donald Pensel be dismissed on insufficient grounds for granting a variance. The Board also made as a matter of record the approval of the application by Cale Development (record on minutes of special meeting.) On a motion by George Kurosaka, seconded by Charles "--- Sicard, the meeting was adjourned.