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1970-09-16 .... ) '7 J. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on September 16, 1970, at 7:30 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 Charles Sicard, seconded by George Kurosaka, the minutes of the last meeting were approved. For the first item of business, Mr. Fit~gerald, chairman, read proof of publication for application for special per- mit #21 of WILLIAM BARBER requestinQ to re-oPen a Qasoline station for gasoline dispensing and taxi company office and cab repair on the property situated at 83 Main Street. Town of Queensbury. Mr. Barber was not present at that time to represent the application; however, Mrs. George L. Gilbert, owner of the property, was present and answered the following questions from the Board: Mr. Fit~gerald: How long is the lease? Mrs. Gilbert: We wi~ start out for a year and see how he makes out on it. Mr. Sicard: Is it operating now? - Mrs. Gilbert: Yes, he started the first of the month. Mr. Sicard: Is he selling gas now? Mrs. Gilbert: Not yet, but he will later on. Mr. Kurosaka stated that he was quite familiar with the property. .;¿ '1~ . -2- Appearing in opposition was Fred Rozell who lives across from the station and said, "I have lived there about 70 years and I want to find out what kind of place it will be. I don't mind the filling station if there are restric- tions. I don't want junk or noise. I think there should be some kind of restrictions." Mr. Raymond Palmer who is buying the property next door said, "It will create a hazard for school children waiting for the bus. There are used cars in there already along with the taxis, I have lived there(5)five years and have seen two pretty good accidents on that corner. It will create more of a problem with cars coming in and out all day." Mrs. Raymond Palmer, Allan Ro~ell Jr. and Betty Eggleston voiced like comments on junk cars being left on the property. The Planning Board approved the request with no comment. When Mr. Ro~ell asked to wait until the operator appeared, Mr. Fit~gerald said, "We cannot hold off a public hearing if the owner does not show up. We will have to rule on the application as it appears. If he comes in and calls it to our attention, we will take it up at the end of the meeting." The Board: RESOLVED: application for special permit #21 by William J. Barber to operate a filling station and taxi repair at the corner of Main Street and Pine Street, West Glens Falls in a C-l zone be ,.approved for the operation of a taxi office and repair of taxis with no repair, sale, of new or used cars on the property in that the use is in general harmony with the area. Action on the use as a filling station will be continued until October 21, 1970, pending receipt of the 60% petition required by the ordinance. ) '73. -3- Proof of publication was established for application for a variance #176 of FRASIER MINIT CAR WASH requesting to place a siqn with a 15' front set-back and a 31' side vaæd set-back instead of the required 50' on the property situated at the West side of Upper Glen Street. Town of Queensbury. Mr. Fit~gerald asked W. Norman Charles, attorney for Walter Frasier: I am quote familiar (Fitzgerald) with the Frasier property. Is the purpose of this application to move a sign previsouly located because of the relocation of the highway? Mr. Charles: Yes. It is for approval to relocate 15' from the highway. Mr. Kurosaka: Will it be less non-conforming? Mr. Fitzgerald: The plot plan shows it 15' off the property line which I don't think would be on the present application. Mr. Charles: The sign would be located as proposed 15' from the new Route 9 R.O.W. in the same position it was prior to the change in the R.O.W. It would not alter the traffic pattern in any way. If it were moved back farther, it would not be seen from the traffic approaching in either direction, particularly from the south. I submit pictures looking at the property from the front. From the pictures, you cannot see the property until you are right on top of it. Mr. Kurosaks: Couldn't you see the sign over the top of the building? ;ì~ -4- Mr. Charles: The paint store and the motel would be in the way. There were no other appearances for or against the application. The Planning Board approved the application saying it was necessary because of the widening of Route 9. The Board: RESOLVED: application for variance #176 by Frasier Minit Car Wash Corp. to construct a 5' x 6' free standing sign with a 15' setback on property located at 692 Upper Glen Street, be aPproved as applied for in that a hardship exists due to the widening of Route 9. Mr. Fitzgerald's reading of proof of publication for application for variance #177 by RED FEZ RESTAURANT re- questing to place two signs 20' from the property lines instead of the required 50' on the property situated at the east side of the Lake Georae Road, Route 9. Town of Queensbury brought forth no appearances for or against. Mr. Keller showed the board pictures as submitted with the application. The Planning Board disapproved the request on the showing of insufficient grounds. The Board: RESOLVED: application for variance No. 177 by Red Fez Restaurant to construct two 4' x 8' free standing signs with 20 foot setback on property located on the east side of Route 9 be disapproved in that sufficient grounds for granting a variance have not been shown. The next item of business was the reading of proof of publication of application for variance #178 by RAYMOND PATTEE requesting to install a private pool with a 4' rear :{'16 -5- setback instead of the required 20' and 6' from the dwelling instead of the required 10' on the property situated at Clark Street. Town of Queensbury. There was no opposition from neighboring property owners. Mr. William Hart of 7 Clark Street questioned the Board regarding restrictions and covenants of deeds. Mr. Fitzgerald told him that each application is a unique problem of its own and the Board treats them as such. The Planning Board approved the request as a practical difficulty exists. There were no other appearances. The Board: RESOLVED: application for variance No. 178 by Raymond L. Pattee to construct a swimming pool with a side yard setback of 4 feet and 6 feet from the dwelling on property located at 34 Clark Street be granted as applied for in that a practical difficulty exists. Mr. Fitzgerald then read proof of publication for application for variance #179 by WILLIAM MINER to place a mobile home court in an R-3 zone on the property situated at the east side of B~y Road. Town of Queensbury. Mr. Fit~gerald commented that this would be a large scale development. Appearing on behalf of the applicant was William Bacas, attorney, 182 Ridge Street, Glens Falls. It was noted that the Planning Board had disapproved the request. Mr. Bacas requested making a few comments for the record: -- Property location: there is a lot 230 ft on the Bay Road, 1039 deep, proposed use is a mobile home trailer court. That area is zoned commercial. There are two ~76. -6- restaurants, a drive-in snack stand, a cemetery across the street and a gravel pit and garages. That is the general character of the neighborhood. We have comp¡ied with all the health requirements - drinking water, sanitation. We have approval from the Department of Health.........Cer- tatnly thelland is not condusive to a residential development. The land slopes away from Bay Road. Future widening of Bay and Farm-to-Market Roads would lessen the chanoe of a residential development. It would be more commercial. Trailers are a necessary development to-day. The lot would hide rather than show them. Mr. Miner is in his 60's and needs to develop his land to the best possible use. The Planning Boa,rd rejected this application on 2 grounds - 1. one of the neighbors just didn't like trailers and 2. this area was ear-marked for residential......The general harmony of the land would not be hurt in any way. I have submitted to this Board and also the Town Board petitions signed by all land owners within 300 ft." Objecting to the application were Stanley Urgardu.s, a resident of Dream Lake who represented the Dream Lake Improvement Association. There were 10 or 12 members appearing with him. They were objecting on sanitary condi- tions - the land slopes down to Bear Pond Brook. Mr. Urgardue: We feel with the lineup of 30 trailers there would be quite a sanitary condition where s~ptic systems would leach into these grounds and make Dream Lake an open cesspool. One of the residents has a spring - very near to the brook from which he gets his water supply. This land is not suited for a large development....We have :< 7'1, -7- been bringing this area up,...We had a d;e~ lake and ......., we are bringing it back very slowly." Others appearing against the application were Ralph Bardon, William Stock, Ester U~ardus, Dorothy Randall, John Armstrong, Father Mantica, Beatrice Ellsworth, Carol Bardon, and Rev. Frederick Light. Mr. Frank Bubbs made a plea for Mr. Miner assuring the assemblage that Mr. Miner would not abuse the property. The Planning Board disapproved on the grounds that it would be detrimental to the future development of the area. The Board took no action and will wait for the Town Attorney's recommendation at the October 21 meeting. In the matter of old business the Board took the following action: RESOLVED: application for variance No. 170 by Leonard Dufour to construct a 24' x 24' garage with a 20 foot front setback because of the steep slope of the lot be approved as applied for in that a practical diffi- culty exists. RESOLVED: ~plication for variance No. 171 by Thomas Jacobs to erect a sign 2 feet from the R.O.W. on property located on Bay Road be disapproved in that insufficient grounds for granting a variance have been shown. RESOLVED: application for variance No. 172 by Eugene J. Lucia to operate a bottle and glass shop in an existing garage on Bay Road in an R-3 aone be dis- approved in that insufficient grounds for granting a variance have been shown. (Mr, A. E. Ellsworth abstained) RESOLVED: application for variance No. 173 by Raymond Komp to construct a 18' x 28' garage with a 15 foot setback on Assembly Point in an R-l aone be approved as applied for in that a practical difficulty exists. :ì '1 t. -8- RESOLVED: application for variance No. 174 by Sara Spector to subdivide an existing parcel at the inter- seotion of Brayton Avenue and Warren Street in an M-2 zone into two conforming lots with the exception of the side lot setback of an existing building of 30' be approved as applied for in that the variance as applied for is the minimum necessary for reasonable use of the land. RESOLVED: application for variance No. 175 by Edward Reith to allow a 1.96 foot side yarÅ“ setback on Lake Sunnyside on an existing .welling be approved as applied for in that a practical difficul ty e~dstB"and is the minimum necessary for the reasonable use of the land. No action was taken an Special Permit #20 by Sun Oil Company pending a meeting with the County Highway Department. Incorporated into these minutes is research by Mr. Kurosaka on Article 3 Definitions of the Zoning Ordinance 3.240. There being no further business to come before the meeting, upon motion duly made, seconded, and carried unanimously, the meeting was adjourned. Secretary -- ~ 7? TOWN OF QUEENSBURY - ZONING ORDINANCE ARTICLE 3 DEFINITIONS 3.240 LOT OR ZoNE LoT- A PIECE OR PARCEL OF LAND OCCUPIED BYA PRINCIPAL BUILOING OR A GROUP OF SUCH BUILDINGS OR UTILIZED FOR A PRINCIPAL USE ACCESSORY OR INCIDENTAL TO OPERATION. IT INCLUDES OPEN SPACES AS REQUiRED BY THis ORDINANCE AND 'HAS FRONTAGE ON A PUBLIC STREET. 3.240 C LOT LINES (1) LOT LINE _ FRONT- THE LINE SEPARATING THE LOT FROM THE BOUNDARY OF THE HIGHWAY OR RIGHT-OF-WAY UPON WHICH THE LOT ABUTS. (2) LOT LINE - REAR - THE LOT LINE OPPOSITE AND MOST DISTANT FROM THE FRONT LOT LINE. 3.253 RIGHT-OF-WAY - A PARCEL OF LAND IN PUBLIC OWNERSHIP OPEN TO THE PUBLIC FOR VEHICULAR AND PEDESTRIAN ACCESS. -~ "-- 3.258 STREET- A PUBLIC WAY WHICH AFFORDS THE PRINCIPAL MEANS OF ACCESS TO THE ABUTTING PROPERTY INCLUDING, AVENUE, PLACE, WAY, DRIVE, LANE, BOULEVARD, HIGHWAY, ROAD OR ANY OTHER THOROUGHFARE, EXCEPT.AN ALLEY. WEBSTERS, FUNK & WAGNALLS DICTIONARY DEFINITITIONS (1960 EDITIONS) VEHICULAR - PERTAINING TO VEHICLE. (AD~) VEHICLE - (NOUN)THE MEANS OF OR THAT IN OR ON WHICH ANYTHING IS CARRIED, CONVEYED, OR TRAVELLED; ESPECIALLY A CONTRIVANCE FITTED WITH WHEELS OR RUNNERS, A CONVEYANCE MOVING ON WAEELS OR RUNNERS, SUCH AS A CAR OR CARRIAGE OR SLED. P~6STRJAN -(AD~) - PERTAINING TO WALKING, MOVING ON FOOT, GOING OR PERFORMING ON FOOT. BoAT (N) VESSEL OF TRANSPORT ON WATER, A SMALL OPEN WATERCRAFT PROPELLED BY OARS, PADDLES, SAILS OR ENGINES, (COLLQ) ANY WATER CRAFT AtJ ANY SIZE FROM A ROWBOAT TO~ OCEAN LINER. VESSEL- (N) SHIP OR CRAFT DESIGNED TO FLOAT ON THE WATER. RIGHT-OF-WAY - (N) THE STRIP OF LAND ACQUiRED BY EASEMENT, CONDEMNATION OR PURCHASE OVER WHICH A RAIL ROAD LAyS ITS TRACKS, A PUBLIC HIGHWAY OR STREET IS BUILT, ABOVE WHICH A POWER OT UTILITY LINE MAY BE CONSTRUCTED. THOROUGHFARE - (N) A PUBLIC, UNOBSTRUCTED STREET OPEN AT BOTH ENDS, ESPECIALLY A MAIN HIGHWAY, ROAD OR STREET. '~ No CORRELATION BETWEEN ROW & WATER ACCESS WITH IN THE DEFINITIONS AND WORDING OF THIS PARTICULAR ORDINANCE. ALSO NO AMBIGUITIES IN THIS CASE, AS ASSUMED BY OTHERS, OF COURSE J 1M NOT A LAWYER, BUT I BEL IEVE I ';tJNHRSTAND ENGLISH AND THE WORDING APPEARS QUITE CLEAR. ~kh (/JeP,vG j CIl?J1~~~ /JuG t'l.,flg~ If 70 ~6., '.;~.,'~~" ,II