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1970-07-15 :¿ ~ go, MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on July 15, 1970, at 8:00 p.m. There were present: John Fitzgerald James Keller Charles Sicard George Kurosaka Allison Ellsworth being the members of the board. On a motion by Mr. Sicard, seconded by Mr. Keller, the minutes were approved. The first item of business was Mr. Fitzgerald's reading proof of publication for application for variance #166 of NEW YORK TELEPHONE COMPANY for an addition to an existing building on a non-conforminq lot with less than the required setback from property lines on the property situated at Route 9L. Kattskill Bay. Town of Queensburv. Mr. Fitzgerald was not sure he could follow the application and asked Mr. Keller for a plot plan. Mr. R. E. Tardif, 146 State Street, Main Floor, Albany appearing on behalf of the NY Telephone Company, explained that the location is 9L in Katskill Bay. He submitted photographs showing the existing building. Mr. Tardif: "The use is not listed in your schedule as permitted or not permitted....We would not have peoPe there full time. The location pre-dates the Ordinance. We bought the land roughly in 1946. We bought additional land in 1946. We had additional land previous to that." '---' Mr. Fitzgerald, "You are intending to improve the same basic property?" Mr. Tardif: "Yes." Mr. Fitzgerald, "You are going to build a building on part of it and use the rest for parking?" ~~ Mr. Keller, "Who is the property owner on the east side?" Mr. Tardif, "I do not have a name. At one time, it was used as a breakfast nook for tourists. It has not been used for anything since then." Mr. Keller, "What about an access road? Has any effort been made to purchase additional land to make it a conforming lot?" Tardif, "No. The requirement is 10 ft. and we have 13 ft." When Mr. Ellsworth questioned interference with the fire company's entrance, Mr. Tardif showed pictures of the road and access road." Mr. Sicard, "What is going to be in this building?" There were no other appearances for or against the application. Mr. Fitzgerald, "We will consider this, with other applications, at our executive session. Mr. Keller reported that the Town Planning Board had approved and stated that it is at the County Planning Board (same time as this meeting) and, "I hope they will call in their decision before we finish tonight." The Board: RESOLVED: Application for variance #166 by the New York Telephone Company to expand an existing structure in a C-l zone on Route 9L, Kattskill Bay, on a lot which is undersized and has less than the required lot width and less than the required side and rear setbacks be approved as applied for in that a practical difficulty exists. ~ ~ Mr. Fitzgerald's reading application for variance #167, established proof of publication for request of CARLTON & ELIZABETH GARRAND'S requesting to divide an oversized lot into three (3) parcels creating two (2) non-conforming lots on the property situated at the West side of Assembly Point Road, Town of Queensbury. Mr. Fitzgerald stated, "They want a variance of 50 ft instead of 75 ft as required." Mr. and Mrs. Ganand were not present and there were no other appearances for the application. The following letters and petitions were submitted for the record: "July 14, 1970 Zoning Board of Appeals Town of Queensbury, Warren County New York Mr, James W. Keller, secretary We the undersigned are opposed to granting the variance requested by Carlton and Elizabeth Garrand of dividing their lot into three parcels. Herman Shires Jane Shires Mr. James W. Keller We, Martha and J. Gardiner Harris, are against any changes in zone or sub dividing of lots on Assembly Pt. I have already sent a letter to the Supervisor that we are not in favor of any changes. J. G. Harris 7/12/70 Zoning Ordinance of the Town of Queensbury Warren County, New York Attention: Mr. James W. Keller, Sec'ty Dear Sir: We the undersigned are against any changes in zone or sub-dividing of lots on Assembly Point. Jane E. P il tman '- Frank G. Piltman Anna S. Cipollo Grendon K. Sebold Beverly M. Sebold Lewis N. Stone (Steiner) Vincent J. Mahoney Michael A. Cipollo Beatrice E. Weber Henry R. Merrill Debra Desormeau Mrs. S. R, Nesbitt B. A. Dubin E. Joseph Sharkey Jr. Raymond Shirvell Lysle W. Morton Herbert Senior .~ Carol Desormeau Donald Mac Elroy Conr ad Grob Jr. Robert N. Sekharty (sp.?) Margaret B. Delahanty Mrs. Donald E. Weed Mrs. Geo. B. MacDonald Herman Shires Robert J, Bulman Mrs. E. J. Sharbey James See Jennie Bulman Frank J Damo Philip Weinman 7/9/70 Mr. James W. Keller, Secretary Zoning Board of Appeals Town Queensbury Re: Bay & Haviland Rd., Glens Falls, N. Y. 12801 Dear Sir: application variance C. & E. Garrand As Individual owner on Assembly Point, and again as President of Cygnet Realty Corp--an owner on Assembly Point of extensive lands--I would like to register my objection to variation from the Zoning requirements as injurious to the peace and quiet and beauty of Assembly Point as it now exists, as well, perhaps, as to the Lake itself unless further details that come to my attention should prevail upon me to revise my opinion. I would prefer to use the Zoning to protect, not to vary from it and defeat its purpose. Very truly yours, Paul Knox, Jr. 75 State Street, Albany, NY." Additional persons wishing to go on record as protesting: J. J. Black Charles F. Adamson Robert Willetts Henry Merrill (whose name was on a petition, but wished to re-affirm his opposition) Mr. and Mrs. Michael Cipollo (same as Mr. Merrill) Lewis Stone and Mrs. Stone Mr. Keller reported that the Town Planning Board had dis- approved the application and that this would not go to the '-- County Planning Board. Mr. Black, "Is there any alternative if the (Zoning) Board (of Appeals) should approve?" ~ Mr. Fitzgerald, "It can be taken to court for our judging to be questioned. There is a higher court of appeals." The Board: RESOLVED: application for variance #167 by Carlton and Elizabeth Garrand to create 3 non-conforming lots on Assembly Point Road be disapproved in that insufficient grounds for granting a variance have been shown. The next item of business was Mr. Fitzgerald's reading proof of publication of application for variance #168 of HARRIS BAY DEVELOPMENT CORPORATION wishing to erect a sign 36 feet from the front property line in an R-3 zone. 50 feet being the required amount on the property situated at 9L. Cleverdale, Town of Queensbury. Appearing on behalf of the application was Allan Rhodes of the firm of Clark, Bartlett and Caffrywho said, "This sign will replace a prior sign that advertised the marina. We feel it is attractive and in good taste and in keeping with the area. It would be 10 feet above ground. The base would be landscaped with drift wood and shrubbery and have spotlights on it. It would be located 3£ ft. from the R.O. W. D.Stewaitof the Harris Development Corp. is here and is willing to answer questions regarding this application." Mr. Kurosake, "I was going to ask regarding setback of the sign." There were no appearances against and non other in favor. Mr. Charles Adamson, "As long as I am here, I want to say I am delighted with the sign. It is a great step forward for the new owner." '-- The Town Planning Board approved the application in that the proposed sign would be less non-conforming than J 6" 3. the old one. The Board: RESOLVED: application for variance #168 by Harris Bay Development Corp. to erect a conforming sign with a setback of 36 feet, be approved as applied for in that the proposed sign is less non-conforming than the existing sign. Mr. Fitzgerald read proof of publication for application #169 for a variance of DUNKIN DONUTS who wish to locate a building on a non-conforming lot and erect a sign 15 f,eet from the front property line. 50 feet being the required setback on the property situated at Upper Glen Street. west side. Town of Queensbury. Mr. Fitzgerald, '~e have not only a non-conforming lot but a setback situation here." Mr. Keller, "They have 18 spaces in the front of the building with a circular traffic pattern." Appearing for the application was RI'Üph J. Lauro, Construction Mgr. for Dunkin' Donuts, 279 N, Midland Ave., Saddle Brook, N. J., who said, "As the plot plan indicates, it is our intention to re-locate the existing building. We cannot meet 150 ft. frontage; we have only 105 ft. We cannot conform to the 2 sideline requirements. We would request a Tariance on the front property line setback. It is an inside lot with existing buildings to our right and left. We feel that as far as the other requirements are concerned (parking regulations) we are meeting those requirements." (Mr. Fitz) - "Where in relation to the lot line is your new sign going to be? Do you have any pictures to show how they ~ stand in relation to other signs in the neighborhood? How far out are the other signs going to be?" Mr. Lauro, "Existing signs will not be on the property .2 f) "-I. described. A good 20 to 25 feet from the curb line would be the setback for the sign." Mr. Keller, "Are they putting a cut in the center island in the front of your property?" Lauro, "I really don't know." Mr. Keller, "Do you propose any directional signs?" Lauro, "We would have lines painted on the blacktop itself. Ihave plans for a small enter and exit sign." Also appearing for the application was R. Case Prime, property attorney, for ~/owner, Mr, Wardwell. '~e cannot (Mr. Prime speaking) expand the frontage of this lot. We are restricted to the size of the existing lot, It would be a substantial improvement to the building which is there now. This is a modification of the application and conforms as far as possible." Discussion among adjacent owners, (Mr. George Liapes, Mrs. Jean Smith, Mrs. Pauline Smith,)Mr. Wardwell, and Mr. Prime established Mr. Wardwell and Mr. Lauro's agreeing to share a strip of fence (to prevent pedestrian traffic onto adjacent owners property) cedar type. Mr. Sicard, "The septic tank system - I still ask this same question." Mr. Lauro, "It will be a captive design and subject to the necessary approval." Mr. Sicard, "Can you (Mr. Liapes) issue a building permit before this is approved?" Liapes, "We can, but it has to be approved before it '- is covered," The Town Planning Board approved on the grounds that i~ would be a practical difficulty to obtain more property at this site. 2~£ Appearing for information was the president of the Queensbury Central Volunteer fire company who stated that they had no objection except to point out that they would agree with the fence. They are ooncerned re: the proposed sig~ thinking the company might have difficulty in viewing north. The Board: RESOLVED: application for variance #169 by Dunkin' Donuts to erect a building on upper Glen Street be approved as applied for providing the free standing sign with a 20 feet setback, entrance and exit signs with an area of 2 øq. ft. with a minimum property line setback of 2 feet also the fence as specified in the record (the fence will run from the middle of the proposed building to the property line of Jean Smith.) Mr, Keller was opposed to the £ollowing motion: In the matter of new business, Mr. Fitzgerald questioned the authority of the Zoning Board of Appeals to unofficially grant on a temporary basis (30 days - no more - no less) signs necessitated by reason of dislocation of the roads. The motion by Mr. Fitzgerald: I make a motion for an interpretation of the zoning ordinance to the effect that non-conforming signs necessitated by reason of dislocation of the roads in the Town be erected for not more than 30 days duration and approved by the zoning inspector and will not be deemed in violation of our ordinance." It was seconded by Mr. Sicard. There being no other business to come before the meeting, upon motion duly made, seconded and carried unanimously, the meeting was adjourned. '--' Secretary