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1969-04-16 / ~ 9. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on April 16, 1969, at 8:00 p.m. Those present were: John Fitzgerald James Keller George Kurosaka Charles Sicard Allison Ellsworth John Fitzgerald, chairman, presided. Minutes of the previous meeting were read by James Keller. Mr. Fitzgerald made one correction - with reference to the Kobacker Sign application, the statement made by Mr. Fitzgerald that the Board was not a "governing" Board should be changed to read, "The Board is not an enforcement £L policin~ Board....etc." After this correction, a motion was made by Mr. Fitzgerald, seconded by James Keller, that the minutes stand approved as corrected. The first item of business to be considered was the application for a Variance #88 by PARSONS FORD, Upper Glen Street, Glens Falls, for permission to erect a new 3' x 7' sign (copy Cortina) 5 ft. from property line on the property situated at 630 Upper Glen Street, Town of Queensbury for which Mr. Fitzgerald read the proof of publication. Appearing on behalf of the application was Mr. John Stockburger, associate of Signs of Progress, who told the Board that Parsons is the only dealer within sixty miles handling this make of car. Appearing in opposition was Mr. Fred G. Bascom, 635 Glen St, Glens Falls, and Mr. Robert Scanga, 3 Garrison Road (across from Parsons-Ford.) Mr. Bascom pointed out that / 3 ð· a petitioner "must show conditions that do not permit reasonable use of a property by strict observance of the Zoning Ordinance." No one appeared to substantiate these conditions. Mr. Scanga opposed the sign saying that the erection of a new sign in a predominately residential area would not be in harmony with the intended beauty and re- quested the Board to advise a strict enforcement of the ordinance. Since there were no other appearances, Mr. Fitzgerald stated that the normal procedure for hearings is for the Board to reserve decision until hearing all ap- plications. The Board: RESOLVED: Variance #88 by Parsons-Ford be disapproved in that insufficient grounds for granting a variance have been shown. The next order of business was the Board's considering the application for a Variance 192 by JOHN W. GARDNER, 262 Speigletown Road, Troy, New York, for permission to erect an over-size siqn less than 50 feet from the property line on the property) situated onRoute 9, Lake George Road at site of new TWIN THEATER, Town of Queensbury. Proof of publication was establiehed by Mr. Fitzgerald. Mention was made'that this is a C3 zoned area. Mr. Fitzgerald stated that the application was not complete but inquired of Mr. Gardner's presence and asked him to explain the application. Mr. Gardner presented photos taken that day from his car. Mr. Keller questioned the setback from Route 9 and stated he had shown photos to the Planning Board for their consideration. Mr. Fitzgerald requested Mr. Gardner to explain J 3 J. for the record why the application was requested. Mr. Gardner told the Board that traffic going by at 50 m.p.h. would have a difficult time reading a smaller sign. He said the sign would be 63 sq. ft. and would un- doubtedly be constructed by Signs of Progress. The overall total height of the sign would be 25 ft. Mr. Kurosaka questioned internal illumination and Charles Sicard wondered about continuous illumination. Mr. Gardner said there would be no flashing lights but the sign would be lighted only until the start of the last show which would be approximately 10:00 p.m. Mr. Stockburger, appearing on behalf of Mr. Gardner, told the Board that Mr. Gar~Der needs a marquee in the theater business. Mr. Keller advised that the Planning Board had approved Mr. Gar~r's plans with the following stipulation: that the sign be set back 35 ft. from R.O.W., not 15 ft. The Ordinance requires 50 ft. and the application is for 15. Mr. Stockburger stated that two theaters would require con- siderable copy and therefore, should be closer to the road. Mr. Fitzgerald asked if the Department of Transportation had been consulted. Mr. Gardner replied, "Yes, and I have posted a bond." The Department assures him that the state will ~o+ take4more than 15 feet on each side. Approval of a plan is automatic with the posting of a bond. Mr. Fitzgerald asked for ppposition. There was no appearance. The Board unanimously: "--' )32, RESOLVED: Variance #92 by John W. Garnder for the Twin Cinema be approved with a set back of 25 feet from the existing R.O.W. being that this variance is the minimum necessary for the reasonable use of the land. Application #93, ARKLEY TIRE COMPANY, was noted as being withdrawn by applicant. Application #94 for a variance of GOODYEAR TIRE COM- PANY, applied for by Judge Sign Corp. to erect signs larger in area than permitted and less than 50 feet from property line on the property situated at 681 Upper Glen Street, WOODBURY LUMBER COMPANY property, Town of Queensbury was noted by Mr. Fitzgerald as having proof of publication. Appearing for Goodyear was Mr. Bernard Trembly as the in- staller of the signs who stated he believed it was necessary to retain the Goodyear image which is vital to the sale of their product, further stating that it is not easy to change and retain the image. Mr. Keller recalled that the owners previously stated that there would be no application for signs. Mr. Trembly submitted a photograph of the sign. Mr. Fitzgerald asked if there were any other appearances, and then passed the photograph to the Board members for their perusal. Mr. Keller read the following letter from Mrs. Richard Davis, 683 Upper Glen Street, Glens Falls: "James W. Keller, Secretary, Zoning Board of Appeals Town Office Building Bay Road, Glens Falls Dear Sir: I live next door to the building at 681 Upper Glen Street which Woodbury just built and I strenuously object to any sign being placed in front of this property. I am a cripple and cannot attend the meeting, so hope this letter will serve in my stead. Sincerely, Mabel A. Davis" ) 33. There were no other questions of appearances. The Board: RESOLVED: Variance #94 by GOODYEAR TIRE COMPANY be disapproved in that insufficient grounds for granting a variance have been shown. Proof of publication was established for Variance #95 by MARK MONROE AUTO SALES, Quaker Road, Glens Falls, for permission to erect a sign on an existing post, less than 50 ft. from property line on the property situated on the north side of Quaker Road, Town of Queensbury. James Keller submitted a picture of the sign. There were no appearnaces for or against the application. The Board: RESOLVED: Application for Variance #95 by MARK MONROE AUTO SALES be approved as applied for being that it is the minimum variance necessary for the reasonable use of the land. In the order of old business, application of Special Permit No. 8 by HAROLD LEBOWITZ, MAURICE AND CHARLES LEBOWITZ for a permitted special (a gasoline service station) in a C2 district on the property situated at southwest worner of Route 9 and the newly located Aviation Road, Town of Queensbury, was brought before the Board. Proof of publica- tion has already been established. Mr. Fitzgerald stated that the Board had referred this application to the Beautification Committee or suggested that applicants consult with them since the committee had commented negatively on the request. Mr. J. Robert LaPann, attorney, appeared on behalfi of the applicants. Two letters were submitted for the record. "John E. Fitzgerald, Esq., Chairman Zoning Board of Appeals 288 Glen Street Glens Falls, New York 12801 J3'l, Re: Property of Harold L. Lebowitz, et ale Dear John: On Tuesday evening, April 1, Mr. Harold L. Lebowitz, one of the owners of the property at the corner of the new Avia- tion Road and Route #9, Mr. Reuben Barkin of Mobil Oil Corporation, and the writer of this letter met with the Queensbury Committee for Community Beautification. We explained the plans for the proposed service station on the property and the plans for landscaping the site. After considerable discussion and exchange of infor.mation, it appeared that we were generally in agreement on the following points: a) The service station building will be constructed with stone facing instead of metal, as originally proposed. b) The site will be landscaped according to the plans shown to the Beautification Committee, a copy of which is enclosed with this letter. The trees and shrubbery will be purchased from local landscape gardeners who may suggest changes in type of planting. The number and location of the landscaping items will be no less, however, than is shown on the plan. c) The building permit may require that the landscaping work be completed before occupancy is per.mitted. A copy of this letter is being sent to Mr. Robert L. Eddy, Chairman of the Committee, for possible changes or additions. Although it is not a part of this project, the Mobil Oil Corporation willUandscape the Mobil station on Aviation Road this spring and the plans for the proposed plantings were shown to the committee and approved by them at the meeting. The Town of Queensbury is fortunate to have a group of citizens who are so interested in improving the appearance of their community. We hope that their advice and suggestions will be solicited in other projects in the Town of Queensbury in the future. Sinceré~y yours, J. Robert LaPann JRLI rm cc: Mr. Robert L. Eddy, Chair.man Queensbury Committee for Community BeautificationH The letter from Mr. Eddy follows: "John E. Fitzgerald, Chairman Queensbury Zoning Board of Appeals McPhillips Bldg. Glens Falls, N.Y. 12801 /35: Dear Jack, Unless you get a call to the contrary after I leave on vacation, all the members of the Queensbury Committee for Community Beautification seem to be in general agreement with the plans for the Mobil Oil station to be constructed at the new AviationRoad and Route 9 intersection which were presented at our special meeting held Tuesday, April 1, 1969. The only point that was not covered in Mr. LaPann's letter was abandonment. There are two abandoned stations near the old intersection and there are so many in the city of Glens Falls that we are concerned about this point, especially so, due to the proximity of two chain cut raters and the car wash that gives a reduced cost of the purchase of eiqht or more gallons of gasoline. Mr. Barkin assured your Board at the hearing and restated the Mobil Oil Company policy before our committee that a salaried employee will operate the station between contract managers rather than allow the station tQ remain idle. He further stated that his company had no concern over the competition which they had successfully coped with before aad their survey indicated this should be a profitable location. Incidentally, I had occasion to pass a station of similar design (only of brick construction and reverse floor plan) on Route 5 at intersection of Route 155 last Thursday and feel that the proposed station constructed of stone with the planting shown on their plan should be attractive and possibly tend to set a pattern for upgrading the appearance of the general area. The plantings they propose at the AviationRoad station should tend to improve the appearance of that horrible looking monstrosity. Anything done there will be an improvement. Our hope is that this venture will be a profitable one to Mobil Oil Company and that they will help us in our attempts to beautify Queensbury. Yours for a more beautiful Town, Bob Robert L. Eddy Chairman RLE;gw cc: Mr. J. Robert LaPann, Attorney 55 Elm St. Glens Falls, N.Y. 12801" Mr _ F:d:t.zg:eŒ:ald asked for any questions from the Board. Mr. LaPann pleaded hardship stating that a station would /30. add to the assessment rolls and would help the owners who have been financing the land. The Board: RESOLVED: Application for special permit #8 by Harold L. Lebowitz be approved with the planting and stone facing as proposed in the letters from J. iobert LaPann dated April 2, 1969 and upon the condition that all signs on the premises be conforming to the ordinance; said variance being in general harmony with the standards of the area. Mr. Fitzgerald announced that the hearing was over. do.:USG~ LJ· - -ecretary K ell er