1971-07-21
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MINUTES of the public hearing of the Zoning Board of
ApPeals of the Town of Queensbury held on July 21, 1971,
at 7:35 p.m.
There were Present:
George Kurosaka
Charles Sicard
Charles Hutton
Gordon Streeter
being the members of the board, excePting John Fitzgerald
who was absent for this meeting.
In the absence of chairman,
Mr. Fitzgerald, Mr. Kurosaka was acting chairman.
In the matter of old business, Mr. Hutton, secretary,
read the resolution of the Warren County Planning Board
regarding the aPPlication of West Mountain Corporation.
The Board recommended that it be aPProved subject to further
review.
The Town Board disaPProved saying a survey of detailed
plans should be submitted.
Mr. Streeter made a motion that the old business be
tabled until such time as intèrested Parties be Present
for discussion.
The Board then proceeded to the new business and Mr.
Kurosaka read Proof of Public hearing for ZAYRE CORPORATION
for sPecial Permit #27 requesting Permission for construction
of self service gasoline disPensing facilities containing
three islands with a 30' by 72' canopy. Construction of a
modular identification sign, landscaPing; installation of
underground gasoline storage tanks with concrete coverings
on the proPerty situated on Route 9, Town of Queensbury.
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Mr. Kurosaka then disqualified himself because of his interest
in the application and Mr. Sicard acted as chairman.
Presenting themselves for informational PurPoses, Daniel
Olsen and George Root asked what the plans were. William
Bacas, rePresenting Zayre, advised the board that he has
close to 80% of the adjoining owner~ apProval. After
much discussion regarding the Present condition of the area
(incinerators and general Poor condition~ Mr. Bacas told
the board that he would writea lètter the next day asking
for imProved conditions and that he would submit to the board
(1) a lease showing ownership (2) coPy of the rendering
(3) a sketc,h of the entire area, 600 ft, showing the general
character and nature of the surrounding area (4) photos
showing the traffic Pattern including entrances and exits.
He assured the board that parking would not be a future
Problem.
The Town Board disaPProved because they were concerned
about traffic and the Warren County Planning Board disaPProved
because it would create aclli.t.ional traffic Problems.
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The Board:
RESOLVED: apPlication for sPecial use Permit #27 by
Zayre Corporation be adjourned untDthe August meeting
in order to Provide an oPPortunity for the PrinciPals
to be Present and submit additional information to
the board.
Returning to SPecial Permit #26, the board heard
William J. Kenneally; representing the People at the foot
of West Mountain/reread the questions submitted at the last
meeting.
After hearing rePorts from the Warren County andTown
Planning Boards, Mr. Kurosaka told the assemblage that even
though the Warren County board had aPProved and the Town
Board has disaPProved, these boards were advisory boards
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and that the Zoning Board of ApPeals was the board emPowered
to make decisions.
RePresenting West Mountain CorP. were Leslie Couch,
attorney, and Mike Brandt. Mr. Couch Presented a memorandum
PrePared by the law offices of DiFabio and Couch which was
a re-statement of the questions and answers Presented and
rebutted at the Previous meeting. This memo is attached to
these minutes for the record.
Presenting themselves as being in favor of the aPPlication
were Richard Rozell, John Reed, William Hudson, Mrs. Earl
Hudson and Paul Brandt. Mr. Kenneally submitted the following
names as being oPPosed to the apPlication: Charles Baldwin,
StePhen Borgos, Dennis Donohue, David Emmel, David Hubert,
James Kedd, Robert Jones, Edgar Michals, Stanley Robichaud,
William Mallie, Mary Frasier, Louis Yager.
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ie, Mr. Streeter
made a motion that the application again be tabled to give
interested Parties Present at that time opportunity to adjourn
to another room to study the memorandum. Mr. Sicard seconded
the motion.
The Board then continued with the new business and Mr.
Kurosaka read proof of Publication of apPlication for sPecial
Permit #28 of GLEN MOTOR SALES, INC., 1 BOULEVARD, HUDSON
FALLS TO PAINT ANDfOR CLEAN UP; INSTALL HI-RISE AND STREET
SIGN; TO SELL NEW AND USED CARa AND ~ROVIDE AUTOMOTIVE SERVICE
ON THE .t'R~ERTY SITUATED AND OWNED BY MRS. 9EGRGE SILBERT
at- 83 MAIN STREET. WEST GLENS FALLS. TOWN OF QUEENSBURY.
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Mrs. Gilbert representing the aPPlication, submitted
69% consent of the ProPerty owners adjoining the ProPerty.
OPPosed to the application was Raymond Palmer. There
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were no other apPearances. The Planning Board aPProved
saying it will imProve the Present ProPerty.
The Board:
RESOLVED: sPecial Permit #28 by Glen Motors, Inc. for
oPeration of service station and sale of new and used
automobiles situated at ProPerty located at 81 Main
Street and Pine Street, West Glens Falls, be apProved
on the grounds that this is a reasonable use of the
ProPerty considering its location; Provided that the
maximum number of new and or used cars not exceed
12 vehicles.
Mr. Kurosake read Proof of Publication for application
for variance #196 by JOHN W. BRUCE TO CONSTRUCT A GARAGE AND
PATIO COMBINATION ON THE }ROkERTY SITUATED AT RD 1 LAKE
GEORGE, TOWN OF QUEENSBURY (NORTH SIDE OF MOON HILL ROAD,
EAST OF NEW COUNTY ALIGNMENT.)
Mr. Bruce aPPeared on his own behalf. The.re were no
other aPPearances or objections. Mr. Sicard asked if Mr.
Bruce was aware of the zoning ordinance and Mr. Bruce
rePlied affirmatively.
The Planning Board aPProved saying it was necessary
for reasonable use of the ProPerty.
The Board:
RESOLVED: application for variance #196 by John Bruce
for the erection of a garage and Patio be granted on
the grounds of hardship and that it will not be
injurious to the neighborhood or otherwise detri-
mental to the surrounding area.
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Proof of publication was then established for apPlication
for variance #197 by GERALD BROWN TO EREOT A CONFORMING
FREE STANDING SIGN LESS THAN 50' SETBACK ON THE PRO~ERTY
SITUATED AT SOUTH OF QUAKER ROAD. EAST OF MEADOWBROOK ROAD,
TOWN OF QUEENSBURY.
There were no aPPearances for or against the application.
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The Planning Board aPProved subject to re-location of road
more than 15 feet R.O.W.
The Board:
RESOLVED: VARIANGE #197 by Gerald Brown for erection
of a conforming sign less than required 50' setback
he granted on the grounds that the variance is necessary
for the reasonable use of the land and will not be
injurious to the neighborhood.
Mr. Kurosaka then read Proof of Publication for
TO
aPPlication for variance #198 by NEBA (SAXE BROS.)ALOCATE
A SIGN 15' FROM THE PROl-'ERTY LINE INSTEAD OF THE REQUIRED
50' SETBACK ON THE .t'RO.lrERTY LOCATED ROUTE 9, NORlli OF SKYLINE
DISCOUNT, SOUTH OF CHARLES WOOD VACANT LOT, TOWN OF QUEENS-
BURY.
APPearing on behalf of the apPlication was attorney
Earle Matte.
The Planning Board apProved the aPPlication; the County
Planning Board disapProved.
Mr. Matte told the board that Neba International is
being re-organized and benefits of the franchisers have
been lost and they are trying to"hang"on with other methods.
There were no other aPPearances for or against.
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The Board:
RESOLVED: variance #198 by Neba (Saxe Brothers) for
the erection of a conforming sign on an existing sign
standard be aPProved on the grounds that is is within
the reasonable use of the land and not injurious ø~ otherwæse
detrimental to the surrounding area.
Proof of Publication was then established for the
aPPlication of variance #199 by JUDY S. WETHERBEE TO REPLACE
18 x 18 CAR.lrORT WIlli 24 x 24 GARAGE IN A/;:'.lrROXIMATELY THE
SAME LOCATION ON MASON ROAD, CLEVERDALE NORTH OF TUCKER,
SOUTH OF KENNY AND BOUND BY LAKE GEORGE ON THE WEST, TOWN
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OF QUEENSBURY.
APPearing on her own behalf was Mrs. Wetherbee who
told the board that the 2 ProPerty owners have signed saying
they have no objections. There were no other aPPearances.
The Planning Board aPProved as being reasonable use
of the ProPerty.
The Board:
RESOLVED: variance #199 for the erection of a 24'
x 24' garage by Judy S. Wetherbee, on Mason Road in
Cleverdale, be aPProved on the grounds that the
garage will be less non-conforming than the existing
structure.
The last order of new business was the reading of
Proof of Publication for aPPlication for variance #200 by
SMITH EQUIPMENT COMFANY TO SUBSTITUTE A LESSER NON-CONFORMING
USE FOR ~RESENT NON-CONFORMING USE ON NORTH-EAST CORNER
OF THE INTERSECTION OF HICKS ROAD AND RIDGE ROAD, TOWN OF
QUEENSBURY.
Michael J. O'Connor, attorney, apPeared as Richard Combs'
rePresentative and on Mr. Smith's behalf.
Mr. O'Connor gave a brief history of the use of the
building and advised the board that the adjoining ProPerty
owenrs had not signed a current Petition because in 1968, a
like Petition had been Presented to the board. The main
PurPose of this application is to assure Messrs. Combs and
Smith that Mr. Smith would not be oPerating in a "grey"
area as far as its future use.
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The Planning Board aPProved with the stiPulation that
there be no more than 6 pieces on disPlay at one time.
APpearing on behalf of the applicant was Wendell Wilson
and Richard Kline for informational PurPoses.
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There were no other apPearances.
The Board:
RESOLVED: application for variance #200 by Smith
EquiPment Co. for a lawn and garden and recreational
equiPment sales and service center on the ProPerty
located on Ridge Road at Hicks Road be aPProved since
it is a reasona~le use of the Property and not in-
jurious or detrimental to the surrounding ProPerty;
Provided that outside disPlay and or storage shall
not exceed 15 units.
The board then returned to the application by West
Mountain CorP and:
RESOLVED: application for sPecial Permit #26 by West
Mountain CorP be apProved because it is a reasonable
request for the same general use as Provided in the
Zoning Ordinance and is the most apProPriate use of
the land, Provided that: the new ski facilities will
not be oPen for use after 11 P.m. in the evening or
before 8 a.m. in the morning; and further Provided
that the ProPerty lines on the east and north sides
be Posted with signs designating West Mountain CorP.
ProPerty and signs be erected not more than 200 fett
intervals.
The Board granted this sPecial ~rmit for sPecial
Permitted uses in an R2 Zone according to schedule
of Zoning regulations and regulations governing certain
amusement uses.
The meeting was adjourned aPP+oximately 12:30 a.m.
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Secretary
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