1969-10-15
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MINUTES of the Public hearing of the Town of Queensbury
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Zoning Board of Appeals held at the Town Office Building
on October 15, 1969 at 8:00 p.m. Those present were:
John Fitzgerald
James Keller
Charles Sicard
George Kurosaka
Allison Ellsworth
Mr. Fitzgerald acknowledged the following action by request
of the applicants:
Application for variance #130 by Charles A. Parson was
withdrawn.
Application for variance #129 by Sun Oil Company was
withdrawn.
Application for variance #109 by Otto and Elizabeth
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Schweikhart was held over to the November meeting.
Application for variance #126 by Clarence Daggett was
held over to the November meeting.
Mr. Fitzgerald, chairman, read proof of publication
for the application for a variance #129 of HOWARD WHITE
to erect two oil storage tanks on property at the corner of
Columbia and Holden Avenue in R-4 district.
Att~rney Andrew Husarik, representing Mr. White, stated
that Mr. White presently operates an oil business. He
purchases oil from Gulf Oil Company who will be changing the
location of their distribution facilities. Mr. Husarik also
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advised that the previous owner, Mr. Novinski, had used the
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property for oil storage prior to the zoning ordinance.
Attorney Husarik reviewed proposed changes in the plot
plan, namely the tanks would be erected underground, an
office building would be constructed and the property would
be landscaped. The land is presently vacant, Niagara Mohawk
Power ~Drporation owns the land to the north; the land to
the west is residential.
Mr. Fred Hermance presented the following petition to
the Board:
Petition for having tanks on corner of Columbia and
Holden Avenue not filled with anything.
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Mr. and Mrs. Fred Hermance
Mr. and Mrs. Edward Ladd
Mrs. Sadie Clute
Miss Myrtle Hermance
Mr. and Mrs. Hermanil
Edward and Louis Hermance Sr.
Kennith Bennett
Gloria Chaplin
Mr. and Mrs. Robert Bingham
Peter Leombruno
Leora V. Crosby
Mr. and Mrs. Ray Barnes
Mr. and Mrs. Henry Bellinger
Mr and Mrs. Lozien
Mr. and Mrs. C. LaPoint
Mr. Lewis Benjamin
Glaclid and Richman
Frederick T. Comstock Jr.
Janet Barnes
Floyd Barnes
Inez Masher
James F. Scoville
Cecil and Mary Smith
Beverly Mabb
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Lillian Trackey
Lawrence Trackey
Winnifred Scoville
Mildred Woodcock
Mr. and Mrs. Donald L. Hunt
Mrs. Evelyn L. Ringer
Mary Ringer
Pat St. John
Harry R. McDonald Sr.
Francis Persutte
Donald Russell
Mr. and Mrs. G. H. LaMora
John S. LaMora
Mr. and Mrs. Harold Close
Mr. and Mrs. Joseph Saville
Mr. and Mrs. William J. Hermance
Mr. and Mrs. Charles H. Hermance
Mr. and Mrs. Hanley Hermance
Ernest Viger
Evelyn Ringer, a resident of the area since 1942,
stated that there had never been any oil stored on the
property; Mr. Novinski had stored the tanks on the property
but never any oil. Mrs. Ringer also stated her fears that
if a leak developed, it would endanger the wells.
Mr. Murrey Ringer, a resident since 1940, also stated
no oil had been stored on the property.
Charles Hermance who worked for Mr. Novinski stated
that Mr. Novinski never intended to store oil on the property.
Mr. Musarik stated that no fire hazard would exist and
Mr. White would comply with fire laws.
The Planning Board disapproved the application being
that no grounds for granting a variance were shown.
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RESOLVED: application for variance #128 by Howard
White to erect fuel storage tanks at the corner of
Columbia and Holden in an R-4 district be disapproved
in that insufficient grounds for granting a variance
have been shown.
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Mr. Fitzgerald read proof of publication for the ap-
plication for a variance #131 by ROBERT W. RUDY to construct
a commercial building on Route 9 closer to the side and front
yard setback requirements.
Mr. Leon Nassivera, representing the applicant, stated
that Mr. Rudy has an option on the property until the 28th
of October.
Mr. Nassivera stated that neither he nor Mr. Rudy
were aware of the zoning requirements; also Northway Sports
Inc. will not sell any additional property because they
feel it would reduce the utility of the land.
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The Planning Board approved the application.
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RESOLVED: application for variance #131 by Robert
W. Rudy to erect a store on Route 9 be approved as
applied for being that the variance is the minimum
necessary for the reasonable use of the property.
John Fitzgerald and James Keller disqualified themselves.
Mr. Fitzgerald read proof of publication for appli-
cation for variance #132 by WHITE ADVERTISING COMPANY to
construct a billboard adjacent to Sherman Avenue.
Thomas Buckwalter representing White stated that they
had been commissioned by Gulf Oil to erect a billboard.
There were no other appearances on this application
The Planning Board disapproved the application.
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RESOLVED: application for variance #132 to erect a
free standing advertising sign 50' x 16' in an M-l
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zone by White Advertising Co., Inc. be disapproved
being that no grounds for granting a variance have
been shown.
Mr. Fitzgerald read the proof of publication for
variance #133 by IRVING MARTINDALE to convert an existing
commercial building located on the Farm-To-Market road
into apartments in an R-3 zone.
Mr. Martindale stated that he would conform to the
600 sf per dwelling unit requirement of the ordinance. He
stated that due to his failing health, he had to cut down
the overhead of his business.
There were no other appearances.
RESOLVED: application for variance #133 by Irving
Martindale to convert an existing store into apartments
on the Farm-To-Market Road in an R-3 zone be approved
providing the apartments conform to the 600 sf per
unit requirement of the ordinance being that a hardship
exists.
Mr. Fitzgerald read the proof of publication for
variance #134 by FIRST NATIONAL BANK OF GLENS FALLS to
erect an addition to an existing building closer to the
front property line than allowed in the ordinance (on
Quaker Road).
Mr. Arthur Norton, representing the applicant, stated
that the addition would be no closer to the R.O.W. than
the existing building.
There was considerable discussion centered around the
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fact that the applicant had completely disregarded the
ordinance in that construction had been started without
a building permit.
mESOLVED: application for variance #134 by First
National Bank to erect a drive-in window closer than
50' to the R.O.W. be approved as applied for. The
Zoning Board strongly admonishes the applicant for
proceeding with construction before obtaining the
necessary variance and building permits required by
the ordinances of the Town of Queensbury, and instruct
the Zoning Enforcement officer to investigate and
proceed with the enforcement of the ordinance.
Messrs. Fitzgerald, Sicard, Kurosaka and Ellsworth voted
for and Mr. Keller against.
Mr. John Glass and Thomas Griffin, representing the
Glens Falls Savings and Loan, presented application #135
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to erect an oversized sign. The application was referred
to the Planning Board and set for public hearing on Novem-
ber 19, 1969.
On a motion by Mr. Sicard, seconded by Mr. Ellsworth,
the meeting was adjourned.
e5 W· K~ll
Secretary
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