1969-09-17
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MINUTES of the Queensbury Zoning Board of Appeals, held
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at the Town Office Building, September 17, 1969, at 8:00 p.m.
Those present were:
John Fitzgerald
James Keller
Charles Sicard
Allison Ellsworth
On a motion made by Mr. Fitzgerald, seconded by Mr. Sicard,
the minutes were approved as read.
Mr. Fitzgerald, the chairman, read the notice of public
hearing for application for variance #125 by ALLAN R.
MARTINDALE, 22 Hillcrest Avenue, who wishes to construct
a private garage, 4'6" from side property line, minimum
distance required being 5 feet on the property situated
at 22 Hillcrest Avenue, Town of Queensbury. Mr. Martindale
appeared on his own behalf. There were no objections. Mr.
Fitzgerald questioned the board and observed that it was a
case of practical difficulty with obviously no land avail-
able. Mr. Keller advised that the Planning Board had re-
turned the report with no comment. The Board:
RESOLVED: Application for variance #125 by Allan R.
Martindale to erect an attached garage within 5 feet
of the side yard setback on a lot located at 22 Hill-
crest Avenue be approved as applied for in that a
practical difficulty exists in the use of the property.
Mr. Fitzgerald then told the board that R. Case Prime,
attorney for Clarence Daggett in his application for a
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variance No. 126 to change a non-conforming use restaurant
to a non-conforming use warehouse in an R4 zone on the
property situated at Richardson Street and the Luzerne
Road, Town of Queensbury, had asked for adjournment to the
October meeting and was waiving the 60-day period for board
decision. Mr. Keller reported that the Planning Board had
disapproved the application in that sufficient grounds had
not been shown. Mr. Fitzgerald moved that it be postponed
(seconded by Mr. Ellsworth) since the applicant had not had
reasonable opportunity to present his case.
Mr. Fitzgerald then read proof of publication for
application for variance #127 by SOLAR DEVELOPMENT CORP.
who wishes to locate a 32 sq. ft. sign on the property
line along Weeks Road, 100 feet from Route 9 on the pro-
perty situated at the northwest corner of Route 9 and Weeks
Road, Town of Queensbury. There were no appearances for
or against the application. Mr. Keller advised that the
Planning Board had suggested approval for a one year period
depending on the condition of the road. The following letter
was read for the record:
"Town of Queensbury
Bay and Haviland
Queensbury, N. Y.
Gentlemen: Solar Development Corp., the builders of
Robert Gardens, have my consent to install a 4' x 8'
sign, along my property line on the north side of
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Weeks Road.
Very truly,
H. W. Ettinger"
Mr. Fitzgerald commented on the legality of erecting a sign
on someone else's property and stated that the board should
not attempt to make a decision on a legal matter; further
advising that the board has no power to encroach on private
rights. The Board:
RESOLVED: Application for variance #127 by Solar
Development Corp. to erect an advertising sign closer
than 50 feet to the property line on Weeks Road be
approved on a temporary basis, permit expiring October
1, 1970, providing consent of the property owner is
obtained.
Mr. Fitzgerald then disqualified himself from the
board in the matter of old busines regarding application
#109 of Otto and Elizabeth Schweikhart, stating that Mr.
O'Connor, attorney, requests that the discussion be held
over to the October meeting since he has not been successful
in negotiating with the tenants.
The meeting was adjourned.
~ o.rm~ W. 1J ~lL€r
U Secretary
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