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1971-05-19 \'7. .- MINUTES of the Public hearing of the Zoning Board of ApPeals of the Town of Queensbury held on May 19, 1971, at 7: 35 P.M. There were Present: John Fitagerald Charles Sicard George Kurosaka Charles Hutton Gordon Streeter being the members of the board. With the notation to correct the sPelling of Minnesota in the minutes of the previous meeting, on a motion by Mr. Sicard, seconded by Mr. Streeter, the minutes were aPProved as read. In the matter of public hearings, the chairman, Mr. Fit~gerald, read the proof of Publication for application for sPecial permit #25 by RICHARD CONINE FOR A USED CAR LOT IN AN M...l ZONE ON THE PRO.tJERTY SITUATED AT TEXACO S.H .R. EQUITIES, MAIN STREET, WEST GLENS FALLS, TOWN OF QUEENSBURY. The Town ~lanning Board apProved the application; the Warren County Planning Board disaPProved. Mr. Richard Conine,representing Texaco, submitted pictures of the repairs to the facade and the layout of the building. Texaco has agreed with a small number of cars for sale. After questions from the board members regarding number of cars for sale, rePair of cars, signs and whether it would be automotive or auto body repair, the board: -- RESOLVED: special permit #25 for Richard Conine for a used car lot on the Property situated at Texaco S.H.R. Equities, Main Street, West Glens Falls, be aPProved on the grounds that this is a reasonable use of the property considering its location; Provided that since / ", -2- the primary operation on the Property is the sale of Petroleum Products to motorists that the secondary use will not create any congestion or interfere with the ingress or egress and that no more than six vehicles for rePair or resale be Permitted outside the building at anyone time. Mr. Fitzgerald then read the notice of public hearing for application for variance #190 by EDWARD L BORDEAU TO ESTABLISH AN AP.I?LIANCE AND T. V. SALES AND SERVICE o.PERATION IN AN R-4 DISTRICT ON THE PRO.I?ERTY SITUATED AT 83 LOWER DIX AVENUE. TOWN OF QUEENSBURY. ~eter A. Firth of La~ann & Reardon aPPeared on behalf of the apPlicant and Presented a map to the board describing the location of the land. The board studied this maP. Mr. Firth told the board that the Town Planning Board had turned down their application but since that time he had talked with Mr. Katz (the Town Attorney) and noted that Mr. Katz had published a memorandum indicating that use variances are legal with the Proper showing. Mr. Sicard, "Will it be just radio and TV sales and service?" Mr. Firth, "Yes. I have the consent of most of the land owners in the area." Mr. Fitzgerald, "Let the record show that eleven owners have signed their consent to the ProPosed change." There were no other aPPearances. - The Board: RESOLVED: application for variance #190 for a variance to establish an appliance and TV sales and service oPeration in an R-4 district on the ProPerty situated at 83 Lower Dix Avenue be aPProved for a one year period on the grounds that the granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare Provided that any sign that is erected on the property is conforming with the zoning ordinance. I cr. -3- Preof ef Publication was established for application " ( for a variance by GEORGE BOYCHUK FOR A MOTEL COMPLEX IN AN R-S ZONE ON THE PROl-'ERTY SITUATED AT THE SOUTH SIDE OF AVIATION ROAD IN THE TOWN OF QUEESNBURY. The ~lanning Board disapProved the applicatien with the cemment that this would be a use variance. Mr. Fitzgerald, "We had an application for a variance about 3i years ago and this was granted at that time; hewever, no. action was ever taken." Jehn Lemery rePresented Mr. Boychuk. He teld the beard he had with him a deed frem Mr. Beychuk to the Pulp and Sulphite Paper Werkers which excePts and reserves a R.O.W. for a motel. He also. Presented an aerial phete of the preperty in question. Mr. Streeter, (to Mr. Boychuk) "Did you get appreval frem the residents er are you still submitting?" Mr. Lemery, "I have not talked with~e church People. They are more than 500 feet away." Mr. Fitzgerald, "You have no assurance that it is going to. be used at all?" Mr. Boychuk, "I just Paid the franchise fee to Sherato.n but I~ working with the Heliday Inns because I would rather have a Holiday Inn." Mr. Fitzgerald, "If yeu do net take actien within 6 menths, your appreval is veid and yeu would have to come back befere this board again." -- Mr. Hutton, "Yeu will use the one basic plan that you have new whether it is She~ton er Holiday Inn?" Boychuk, "Yes." ~ (J), -4- Mr. Fitzgerald, "Anybody in the Town of Queensbury ~, \......- has the right to object. The signatures are no longer binding on us because at that time we had a definite appli- cation for a Sheraton Motel and right now we have nothing except hope. The question of whether a variance is granted is based upon all the merits of the application and are within the jurisdiction of the board....Will it be a motel of exotic de~ign?" The plans are part of this record. Noel McMahon, representing the Queensbury Community Methodist Church, asked where a restaurant was planned in connection with the motel and would alcoholic beverages be served. v Mr. Boychuk stated that the land for the restaurant was purchased from Ray Balcomb and alcoholic beverages would be served. Mr. Firth, appearing on behalf of LaPann & Reardon, said the community needed another goadmotel and it would be a tax boost for the town and also for the county. There were no other appearances. The Board: v RESOLVED: application for variance #191 of George and Olga Boychuk for a motel complex in an R-5 zone on the property situated at the south side of Aviation Road be approved on the grounds that the variance is necessary for the reasonable use of the land provided that no changes be made in the plans and layout shown in the applicant's exhibit A titled "Proposed Sheraton Motor Inn, Glens Falls¡ New York, dated 8/3/67." All signs erected on the property must be in compliance with the zoning ordinance. For the record, Charles Hutton abstained from voting. .:/. - -5- Mr. Fitzgerald read Proof of publication for application for a variance of REGENCY PARK APARTMENT COM~LEX FOR RELIEF OF ARTICLE 6. SECTION 6.900 MINIMUM EX~OSURES FOR EACH DWELLING UNIT ON THE ~RO~ERTY SITUATED AT THE CORNER OF CRONIN ROAD AND MEADOWBROOK ROAD. TOWN OF QUEENSBURY. The ~lanning Board aPProved the apPlication with the comment that it be apProved as long as the building code regulations are followed. APPearing on behalf of the application were Robert J. Nolan, William Bailey from Boston, and George Dion, re- Presentative from Regal Realty. The Board thoroughly studied the plans which were given to them by Mr. LiaPes. The question before the board was that of minimum exPosures - whether to require "railroad" tyPe units extending the width of the building or whether to permit back-to-back units. The Town Board rezoned the tract to R-5, a classification Permitting garden apartments, several years ago. WhenMr ."Sd:card asked about sewage disposal, Mr. Dion rePlied that they were working on it now. This application caused considerable objection from some neighboring ProPerty owners. George Sipos of 118 Meadowbrook Road and John Rozell of 16 Cronin Road voiced considerable criticism of the board's Procedures saying no one in the audience could hear the discussion that was going on at the front of the room. Mr. Fitzgerald advised that the board was following normal Procedures in examining plans and questioning appli- cants before inviting anyone else in the room to register 22, -6- aPProval or disapProval or ask questions. When remarks became "heated," Mr. Fitzgerald said, "We cannot have pandemonium uP here.' We hear one applicant and oPPosition at a time and we will give everyone in this room adequate time. This is our PurPose in finding out what everyone is here for. You may ask all the questions that you want when you come uP here..... We have engineers and People on this board who have intimate knowledge of building and we have to have all the facts before making a decision." Mr. SiPos Predicted that the suburban area would become a "little New York City" and asked the board to Ponder the effect of the aPartment concentration on school enroll- ment and traffic. Mr. Fitzgerald, "The zoning ordinance Permits this aPartment comPlex to be built. It is according to the Master Plan of the Town of Queensbury and they are entitled to build this...." When Mrs. Mary French, 116 Meadowbrook Road asked about the total of apartments, Mr. Dion rePlied that 286 uni ts,~, are ProPosed. There would be 11 buildings with six being constructed in the first phase. There were no other aPPearances. -- The Board: RESOLVED: the hearing on variance #192 by Regency Park APartment ComPlex for relief of Article 6, section 6.900 minimum exPosures for each dwelling unit on the Property situated at the corner of Cronin Road and Meadowbrook Road be continued until the June meeting to give all interested Parties an opportunity to study the plans. cJ 3. -7- In the matter of old business, Mr. Fitzgerald told the assemblage that the Town Attorney had rendered an opinion and the board would consider the application of MADISON TAYLOR at the executive session. The Planning Board aPProved the aPPlication. The Board: RESOLVED: variance #188 for Madison Taylor to place a gift and souvenier shop in an R-4 district on the the south side of Dix Avenue be aPProved on the grounds that it will not be injurious to the neighborhood or otherwise detrimental to the public welfare. There being no other business to come before the meeting, on a motion by Mr. Sicard, seconded by Mr. Streeter, the meeting was adjourned. ¿~ -;-~ Secretary --