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1970-01-21 -101. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on January 21, 1970, at 8:00 P.M. There were present: James Keller Charles Sicard Allison Ellsworth being members of the board, exception John Fitzgerald and George Kurosaka who were absent for this meeting. James Keller, the Secretary, presided in Mr. Fitzgerald's absence. The minutes of the public hearings held on December 17, 1969, were presented to the board and upon motion duly made by Charles Sicard, seconded by Allison Ellsworth, were approved. The first order of business was the announcement by Mr. Keller of application #150 for a variance of CARROL'S EQUITIES CORP. wishina to erect two sians laraer in area than is permitted in a C-2 zone on the property situated at Northaate Shopping Center. Town of Queensburv. Appearing for Carrol's was John Brewster, engineer for Carrol's. Mr. Brewster advised the board that they proposed to put a new sign to harmonize with the new Carrol's look, the sign b~ing necessary for consistency. It is their desire to achieve a national Carrol's with the same format. Mr. Keller asked if the new sign would be at the same : r lócation as the existing one, to which Mr. Brewster replied .'---' affirmatively. Mr. Ellsworth questioned the area of the sign and Mr. Sicard wondered about a flasher. Mr. Brewster .:< o.:/. . stated that the sign would be lighted starting at the bottom and going up in sequential lighting (not really flashing.) Mr. George Wein, representing Mr. Hessler of Northgate Shopping Center, told the board that Mr. Hessler understood that the present location of the Carrol's sign is at the opening of the parking area and would create a hazard as far as people using the center. Mr. Hessler stated that it is about 10 ft. into the new driveway (according to the State plans for the widening of the road.) Mr. Brewster replied, "To my knowledge, we have not been informed by the State and Carrol's would not build a sign in the center of an existing driveway. With this new knowledge, I am sure we will have to find another site for it. If this is the case, I have not seen the State and wonder why they have ~ not communicated with us." There were no other appearances. Mr. Keller stated that the board would take this into con- sideration when they worded the resolution. The Board: RESOLVED: application for variance No. 150 by Carrol's Equities Corporation to erect two non- conforming signs located in the Northgate Shopping Plaza, be approved as follows: The free standing sign may be located on the existing base or 15 feet from the new R.O.W. The approved sign shall be a Model No. 6800, 25' in height, the sign shall be erected without the neon tubes and without the "Crispy French Fries" and "Triple Thick Shakes" signs. The fascia sign is disapproved. Mr. Keller then read proof of publication for application #151 for variance of SUN OIL COMPANY wishina to place a sian laroer than is Dermitted in a C-2 zone on the DrODertv '-- situated at Route 9 and Glenwood Avenue, Town of Queensburv and in conjunction with this application for Special Permit #17 of SUN OIL COMPANY who wishes to erect a sign with a :lO~ . flashing arrow on the property situated at Route 9 and Glenwood Avenue. Town of Queensburv. Appearing on behalf of the application was Richard Cronin, p.O. Box 1192, Albany, New York¡ for Sun Oil. Mr. Cronin started by saying, "I must apologize for misleading the Planning Board as they are concerned with the placement of the sign. I lead them to believe that the base would be on the property line and this is wrong. The base of the sign is actually going to be 9ft. in Same size sign and poles. This is somewhere in '"'--- the vicinity of 88 sq. ft. figured from top to top and point to point. The actual sign would be somewhat smaller. Special permit would be for a flashing sign." 8:22 p.m. - Mr. Fitzgerald now present. Mr. Cronin continued, "The base would set approximately 9 ft. from the property line which means using our 16 ft. sign. The overhang would not be over the edge of the pro- perty; in fact, would be one foot within the property limits. It would actually be a total distance of 19 ft. from the road." "In no way do we feel that it could create any kind of a hazard whatsoever." Mr. Fitzgerald asked if it would be a revolving sign. Mr. Keller questioned the height. Mr. Cronin replied, "A total 28ft. but on a 19 ft. pole. We hope that we will be able to put it on a 16 ft. pole this time; however, it would probably be a 19 ft. pole...Weare not asking for a revolving sign this time." Appearing in opposition were Mr. and Mrs. Fred G. Bascomb, owners of property at 635 and 637 Glen Street. ~ð~ Mr. and Mrs. Paul Goldswait of Glenwood Avenue were also in opposition and seconded Mr. Bascomb's remarks. Mr. Keller advised that the Planning Board had dis- approved the application for a flashing arrow and approved the application for an over-sized sign. There were no other appearances. The Board: RESOLVED: application for special permit #17 by Sun Oil Company to erect a flashing sign on property located at Upper Glen and Glenwood Avenue be disapproved in that insufficient grounds for granting a special permit have been shown. and RESOLVED: application for variance #151 to erect an oversized free standing sign of 87 square feet in area each face located 1 foot from the R.O.W. on property located at Glenwood Avenue and Upper Glen Street. The location as applied for is approved being a practical difficulty exists. The over-sized sign is disapproved. Mr. Fitzgerald then read proof of publication for application for variance #152 of STATE BANK OF ALBANY who wishes to construct a Drive-in banking facility less than the 50' setback requirement on the property situated at Northwav Plaza. Route 9, Town of Queensburv. Appearing on behalf of State Bank was Mr. Jack McAndrews who told the board that since their appearance before the Planning Board, they had made modifications. He referred to a letter from Cale of Glens Falls which follows: '-- "Mr. Jack McAndrews Kurosaka & McAndrews 8 Holman Street Glens Falls, New York 12801 Re: Variance for State Bank of Albany Dear Jack: The first opportunity we get which will probably be early spring, we will agree to reline the lot as per your layout. 206". '- Also, it is imperative that the bank be placed as per your layout and this is just a short distance from where the bank was originally planned. If there is anything further, please call. Sincerely, CALE GLENS FALLS, INC. Sig. Gerald Levin Vice President" Mr. Keller asked about the total number of parking places under this plan. Mr. McAndrew, "1226 available parking spaces." Mr. Keller, "Size of each?" Mr. McAndrew, "Same as originally approved." '~. Mr. Fitzgerald, "Is that the minimum which is permitted?" Mr. McAndrew, "It is adequate. I don't know if it would be the minimum." Mr. Fitzgerald, "What does the Zoning Ordinance require?" Mr. Keller quoted the regulation, 6.601, p. a "Size and Access Each off-street parking space shall have an area of not less than two hundred (200) square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three (3) spaces." Mr. McAndrew, "250,000 sq. feet for total space." "1226 parking spaces with 250,000 sq. ft." Mr. Keller, "Does Cale intend to take any step. íegarding traffic control?" Mr. McAndrew, "Yes." "'--" Mr. Fitzgerald, "Wi¡l there be anyone to supervise the flow of traffic?" Mr. McAndrew, "This is something I have no jurisdiction over. " ':;0 b. Mr. Fitzgerald, "In other words, you are adding to this particular space over and above the original appli- cation?" Mr. McAndrew, "This is a proposed expansion for some future date." Mr. Fitzgerald, "I am concerned about the occupancy and number of retail operations utilizing the same number of parking spaces," Mr, Keller, " It is my understanding that there is an easement for the State for the erection of a sign. " Mr. McAndrew, "The easement will not be taken and the State will put it outside the property." Letter from New York State Department of Transportation: "January 8, 1970 Robert Castle, President Cole Glens Falls, Inc. Mohawk Street Herkimer, New York 13350 Dear Sir: Re: PIN 114200 Glens Falls - Lake George, SH 417 Warren County In reply to your letter of November 25, 1969 and Mr. McAndrews' telephone call of January 6, 1970, we wish to advise you that we have restudied the sign location and find that it can be removed from in front of your property. We hope this will help in your development planning. """'-- Very truly yours, Frank J. Fuller, Regional Director of Transportation by Sig. Richard Edwards Associate Civil Engineer FJF:RHE:RGM: jct cc: J. Grady R, Simberg" 207. Mr. Roger Gebou from the County Highway Department appeared and stated, "We have studied the plan and think there is going to be a traffic hazard in the years to come." He continued, "The County owns Quaker Road and we feel there is going to be a traffic hazard. We have had a lot of accidents and feel this should not be here." Mr. McAndrew, "There would be a problem there in any case." Mr. Allison ElLsworth, "There is one there ~." Mr. Keller, "I feel the whole development of the site is not conducive to a good traffic flow." Mr. McAndrew, "What would you propose to do?" Mr. Keller, "Put the bank on another sit$." "We were promised action one year ago to control the parking and the only thing done was paint some white lines," There were no other appearances. The Planning Board disapproved on the grounds that this would create a dangerous traffic condition in an already dangerous area. When Mr. McAndrew asked for suggestions as to what could be done, Mr. Fitzgerald replied, "We are not in a position to make recommendations. Ours is a judicial function and can consider only if a variance is needed. I think you should direct your questions to the Planning Board." Mr. Sicard, "There is supposed to be a provision for a fire access road behind the buildings from Route \9." "-- ~ 08: Mr. Fitzgerald, "Again, it is not our province to plan. It is to consider the application for a variance as things are." The Board: RESOLVED: application for variance No, 152 by State Bank of Albany to erect a Drive-In Bank 6 feet from the R.O.W., located in the Northway Plaza, be disapproved in that insufficient grounds for granting a variance have been shown. There being no other business to come before the meeting, upon motion duly made, seconded and carried unani- mously, the meeting was adjourned. c3o."'18S UJ· \2e-1\er ecretary ''-. ~ MOHAWK STREET AFFILlA res Cole Development Co.. Inc. Cole· Lockport Cole· Oneonta Cole - Potsdom, Inc. Cole - Rome. Ine '----- ,1\ ~~ e " d09. CALE GLENS F ALL 5, INC. PARTNERS IN PROGRESS WITH AMERICA'S MAJOR CORPORATIONS HERKIMER, NEW YORK 13350 January 19, 1970 (315) 866 - 6850 Mr. Jack McAndrews Kurosaka & McAndrews 8 Holman Street Glens Falls, N. Y. 12801 Re: Variance for State Bank of Albany Dear Jack: The first opportunity we get which will probably be early spring, we will agree to reline the lot as per your layout. Also, it is imperative that the bank be placed as per your layout and this is just a short distance from where the bank was originally planned. ~f there ~s anything further, please call. Sincerely, CALE GLENS FALLS, INC. " ~"'].""" .~. ,"'~ ........ \ Gera ld Levin Vice President GL:JM ~ ',t " '~, e e NEW YORK STATE DEPARTMENT OF TRANSPORTATION District 1: 50 Wolf Road, Albany, New York 12205 jt January 8,1970 Robert Castle, President Cole Glens Falls, Inc. lYlohawk Street Herkimer, New York 13350 Dear Sir: Re: PIN 114200 Glens Falls - Lake George, SH 417 Warren County In reply to your letter of November 25, 1969 and IYlr. IYlcAndrews' telephone call of January 6, 1970, we wish to advise you that we have restudied the sign location and find that it can be removed from in front of your property. We hope this will help in your development planning. Very truly yours, FRANK J. FULLER, Regional Director of Transportation ,/ r'" . [/-\J by ", .~ ~L'/< ,; / /-~- /~/t~1n',_~( Ric~d Edwards Associate Civil Engineer FJF:RHE:RGIYl: jet ec: J. Grady R. Simberg ~ _,,_-':L___:'..~_ _ '-' ._._~"'_;...;_~.:._._"_,L<,',> .- ._-.._~.,:,;,-._:_~ -,