Loading...
1970-12-16 .2.9'Y. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on December 16, 1970, at 7:30 p.m. There were present: John Fit~gerald Charles Sicard Charles Hutton Gordon Streeter being the members of the board, excepting George Kurosaka who was absent for this meeting. On a motion by Gordon Streete~seconded by Charles Sicard, the minutes were approved as corrected. In the matter of public hearings, the first item of business was Mr. Fit~gerald's reading proof of publication of application for variance #182 by RONALD N. JECKEL REQUESTING TO CONDUCT A RETAIL COMMERCIAL USE AND WHOLESALE USE IN CONJUNCTION WITH LIGHT INDUSTRIAL MANUFACTURING IN AN M...l ZONE ON THE PROl-'ERTY SITUATED AT 38 EVERTS AVENUE. TOWN OF QUEENSBURY, Mr. Fitzgerald, "This matter was before us before; I am quite sure. The property was formerly lands of Apex Construction Co., bounded on the east by Everts Avenue, south by right-of-way of Wise, west by Sears Roebuck & Co., north by lands of Sauerwald. We gave approval to expire in 1971 and that is the reason that this is before us again." "This is an application for a variance. The '- original was an application for a special Permit. Mr. Liapes, can you help us out?" Mr. Liapes, "Variance #140 a year ago which was condi- tional, was treated as a variance. You conditioned special use as a variance." )9~ '--' -2- A report from the Planning Board recommended disapproval to variance not allowed under the zoning ordinance. Mr. Fit~gerald read the MEMORANDUM from Harold W. Katz, Counsel to the Town Board, dated November' 18, 1970, regarding special use. (This memorandum is incorporated at the end of these minutes.) Appearing on behalf of the application was attorney, Philip McIntire who stated, "I would point out that last year at this time, a special permit was granted based upon any objections from the neighbors. The company has had only one objection at one time around 9:00 p.m. A machine was operating and one of the neighbors called and(they) stopped it immediately. Checking with Mr. Liapes, the town made no objections that I know of in the year thaJ they (Jeckel) have been in operation....I personally have received no complaints from the neighbors to whom I went last year." Mr. Fit~gerald, "The decision was that we made this a one year conditional just to see how it would work out. Are there any questions from the board? (He explained last year's action to the new members of the board.) I ask again, are there any objections to this application?" Mr. Edward Closson, 8 Patton Drive, asked, "As I remember, the hours were from 8:00 to 5:00 P.m. When we gave you the variance, I understood he was going to land- scape the building and dress it uP. That was part of the deal." Mr. McIntire, "Frankly, I have not been behind to see whether they have or not. I think one of the points last year was that the property was quite run down when Mr. Jeckel purchased it. There were abandoned vehicles 2 q "'. -3- on the property; there was no parking set up; it was gravel. That was eliminated." Mr. Streeter, "Mr. Closson, where do you understand this shrubbery would be?" Mr. Fit~gerald, "We are looking at a plot plan sub- mitted by Northern Homes. There is indication of shrubs." Mr. Closson,"Apex had a fence there and Mr. Jeckel removed it and said he would dress it all uP." Mr. McIntire, "I had hoped someone from the corporation would be here tonight.....They have removed abandoned material...They do a minor 1/10th of the overall operation of the business there." Mr. Closson, "The£e was no problem with noise. I thought when I came here tonight he was going to ask for something more." There were no other objections. Mr. Hutton, "What are the principa:l hours of operation? In other words, you will not open in the evening?" Mr. McIntire, "No, not to the public." The Board: '-' RESOLVED: application for variance #182 by Ronald N. Jeckel be granted as applied for on a permit basis, the permit shall expire July 1, 1971, at which time a new permit may be applied for; provided that land- scaping be approved by the Town Beautification Com- mittee and no work will be permitted after 5:00 p.m. Mr. Fit~gerald then read proof of publication for application for variance #183 þy WEST MOUNTAIN SALES TO ERECT A FREE STANDING SIGN 15' FROM THE FRONT PROPERTY LINE AND A SIGN ON THE FACE OF THE BUILDING, 2' x 44' ON THE PROPERTY SITUATED AT CORINTH ROAD, TOWN OF QUEENSBURY. ..19'1· -4- When Mr. Fitzgerald asked if the sign would be con- - forming, David Kollar from Judge Sign Corporation, representing West Mountain Sales, replied, "Yes." Mr. George Liapes advised the board that free standing signs are not allowed in that area and that the sign on the facia of the building is oversized. Questions from Messrs. Fitzgerald and Streeter caused Mr. Kollar to state., "There are a total of 4 signs. At the present, I think there are only 2; the other 2 have been removed." There were no other aPpearances. Mr. Liapes reported that the Planning Board had a committee of 2 to investigate before they made a decision. Mr. Sicard, "Is it going to be illuminated or rotating?" Mr. Kpllar, "Yes, lamps within the sign." Mr. S~oard cited 6.805 in the zoning ordinance and Mr. Fitzgerald read it aloud. The Board: RESOLVED: application for variance #183 by West Mountain Sales, Inc. be approved limited to the 2' x 44' facia sign provided that all except one of the existing Ford identification signs on the building be removed. Such approval being in conformity with the reasonable use of the Property. Mr. Fitzgerald then read proof of publication for application for special permit #23 by MOBIL OIL CORPORATION TO PLACE A GARAGE AND FILLING STATION IN A C-3 ZONE ON THE PROPERTY SITUATED AT THE T - ! RESTAURANT, INC., LAKE GEORGE ROAD, TOWN OF QUEENSBURY. Appearing on behalf of the applicant was Philip McIntire, attorney. Also appearing was William Frazee from Mobil Oil .{ q r· - 5- Corporation, who described to the board the Property lines. He said, "We have N. Y.S. Department of TranspoI'ation approval already." He submitted a photocopy of this approval. Mr. Fitzgerald, "Have you discussed this with the Warren County Highway Department? They are concerned with some of the signs on the approach to the R.O.W." Mr. McIntire, "This is still in the Town of Queensbury. Route 9 is state owned and they have given their consent for this operation." Mr. Sicard, "Who is going to operate this station? Is this going to be leased? What hapPens when this fellow goes into bankruptcy or moves away? The station on the corner of Route 9 is now closed. When we aPProved the variance for that one, we were assured it would not be abandoned." Mr. Frazee, "The State came along and cut off our curb cuts." Mr. Sicard, "These have been opened again. Would another station be maintained by Mobil?" Mr. Fitzgerald, "Do you realize Mr. Frazee that anything you say is part of the record?" Mr. Frazee, "I haven't committed myself in any way. I do not get into market functions. However, you will see it operating next week. I don't think you will see too many of our service stations closed." '-" Appearing against the application was Richard McLenithan, attorney, representing Mr. and Mrs. Lybrycky. At this time, Mr. Fitzgerald, who is a member of the same law firm as Mr. ..? '19 . -6- - McLenithan, excused himself from participating as a board member and asked Mr. Sicard to act as chairman for the remaining part of this hearing. Mr. McLenithan, "Have 6010 consents been filed?" Mr. McIntire, "No, I was given 4 names, 2 of which I have their consent and the others are the County of Warren and Mr. and Mrs. Lybrycky who I am sure will not consent. The Planning Board recommended approval subject to the consent of the 60%. After that I went to the County Planning Board. They are not willing to make a recommendation at this time until there has been a public hearing. Th~de- ferred consideration back to the TownZoning Board. The SuPervisors met last Friday. They did not understand and deferred any action until they could have a recommendation from the County Planning Board and also from the Zoning Board. The County Board of SuPervisors is meeting again at the end of this week at which time I am going to ask them for a consent. åt this time, I do not have 6010." Mr. McLenithan, '~ithout the 60%, I think this should be tabled and I don't think you (the board) have the proper requirements in front of you." Mr. McIntire, "I don't think there is any chance of getting them." Mr. McLenithan, "Your problem with the county is that you need their consent." Mr. McIntire, "I would ask that they (this board) grant the request conditioned upon my meeting Friday night with the County. I do have consents from the other two adjoining land owners. I would prefer to wait until I have gone to 3 C)o. -7- "- the county to get their consent. My request would be that this be approved. It is simply a request for a special permit in a zone - zoned for this use. There is difficulty in this situation getting consent when one of the land owners is a municipality of the County of Warren. Who can sign this consent? This requires a resolution of the Board of Supervisors of the County. They have assured me they will take it up after a public hearing...... Time is becoIlt. ing a little crucial....We still have to apply for a building per- mit....There are other things which we have to go through... The County Planning Board is having a sPecial meeting to considerthis because they realize there is a time element in getting this started...." When Mr. Streeter asked Mr. McLenithan to explain the objection, Mr. McLenithan said, "The fact is they are going to have a Mobil station right next to them and this will hurt their business." Mr. Sicard, "Obviously, we cannot do anything until I see no reason for having another public you have the 6 OO¡o . hearing. We will The Board: consider it in our executive session." RESOLVED: application for special Permit #23 by Mobil Oil CorP. be adjourned until such time that plans are accompanied by the written consent of 60% or more in number of the owners and mortgagees of all property within 300 feet of any portion of the lot or plot on which said filling station is to be located. In the matter of old business, on the basis of the opinion of the county counsel, the Board: RESOLVED: Miner for dismissed authority application for variance #179 by William a mobile home court in an R3 district be in that the Zoning Board of Appeals has no to grant such a special use variance. 301. -8- There being no other business to come before the meeting, upon motion duly made, seconded and carried unani- mously, the meeting was adjourned, ~~/~ ;:-~ Secretary -- 30Q. .. Jow~ 0/ Queen6buf't¡} "- QUEENSBURY TOWN OFFICE BUILDING ~~~2i\:f'~~~~~~~t~~:i;i:¿::Z:Z.r~~~~~&''',..;&P- BAY AT HAVILAND ROAD, R. D. 1 GLENS FALLS, NEW YORK, 12601 TELEPHONE: (518) 793.2555 DEPARTMENT November 18) 1970 MEMORANDUM FACTS: The applicant) William J. Miner) seeks a use variance in order to establish and construct a mobile home court in an R-3 district in the Town of Queensbury. Application for such a variance has been made to the Zoning Board of Appeals. '- OPINION: Mobile home courts are a permitted special use only in an R-2 district. They are specifically excluded as a permitted special use in an R-3 district. Article 4) Section 4.200 states that Special Uses as enumerated in the Schedule of Regulations) shall be permitted only upon authorization by the Board of Appeals pursuant to the review by the Planning Board) provided that such uses shall be found by the Board of Appeals to comply with the follow.ing requirements or other applicable requirements as set forth in the Zoning Ordinance: A Special Use shall not cause substantial injury to the value of other property where it is to be located; shall ~ be compatible with adjoining development; shall provide adequate .~ :¡'IÇ ~;~I:~~;';':·SS'\/':::(.\:~ ' ~ \ '~~ ,...,: ¡'-,.' '\ P ¡:-'fTr p. F'1,.:'·,f~ r' -1 r~:1 t. \"-/t" V,ll-.7C~+ (J~.: ~r:~,'S~3U ~<'( Gp·""'.\~l 303. '......".-... è "- -2- landscaping and screening; shall provide off-street parking and loading so as to minimize interference with traffic on local streets and shall not jeopardize the public health, welfare and convenience. Article 4, Section 4.201 sets forth the guiding principles and standards for such special uses and these standards are quite explicit. Section 4.20l(b) in particular provides that the Board of Appeals shall make a specific finding, supported by evidence produced at a public hearing in a manner provided by law, that such use will not be prej udicial '-- to the character of the area. Article 10, Section 10.202 governs the application by the Board of Appeals of the provisions of the Zoning Ordi- nance with respect to variances. Section 10.202(a), (b), (c), (d) and (e) prescribe the standards and criteria to be met in granting a variance. The primary criterion appears to be that the applicant must show that there are special circumstances or conditions applying to such land and not applying generally to land in the neighborhood, and that such circumstances or conditions are such that strict application of the provisions of the Zoning Ordinance would deprive the applicant of the reasonable use of his land. The foregoing is known as the \..-' '-- '-- "-' '" ... 30-'-1. -3- unnecessary hardship standard. It is a broad standard intended to give the Board of Appeals and Planning Board broad discretion to relieve landowners where the literal application of the ordinance caused harsh and unexpected results. CONCLUSION: The Zoning Board of Appeals may grant a use variance for a Mobile Home Court in an R-2 District provided the guiding principles and standards of Article 4, Sections 4.200 and 4.201 and Article 10, Section 10.202 are met; however, it has no authority to grant such a special use variance for a Mobile Home Court in an R-3 District. HWK.:vh cc: Supervisor Zoning Board of Appeals Planning Board' R.e.".¿...(....:.,.~.,:,.~.e.. ,...~k.;.~~.##.:t;~tfr ~{,~z,..:/;;)--?¡;r/.. t/~~.,~.~ l' 'P~,:Vi>' ¥~ ~ ~ér I .1 HAROLD W:' KA-t:t Counsel to the Town Board ,- ,'.¡.',: :;:-;.;;'.:,;'-':<~,"::(·r''-'''-· ':;~~:.:;: :~;:g;:,·ci;'.: :", .. ",:' ',,~,'¡:'!¡:,';;.':<):i'!: -:' ". 1'-' ,,~i,"d'~~i_.,':::,~',~'~':':,f'./{',; ,,', , .' ,.. , ;,. ~: .......L· " , " ; ,·t~"'~" , . ' ) , '" i:¢: .' ÇeraJ4 SolOlROD,Supervisor ',J~ Fitzgerald, Cb.Zouing Board of ,'.' " Appeals ' " LeIDy Phillips, Zoning Enforcement Officer Very. trùly·yours , ~J~ Fred Austin, P.E. Warrén County Supt.