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1971-10-20 It?>, ,-~... MINUTES of the Public hearing of the Zoning Board of ApPeals of theTown of Queensbury held on October 20, 1971, at 7:35 P.m. There were Present: John Fit~gerald Charles Sicard Charles Hutton Gor:don Streeter George Kurosaka being the members of the board. On a motion by George Kurosaka, seconded by Charles Sicard, the minutes were aPProved as read. In the matter of new business, Mr. Fitzgerald read application for variance #207 of HOWARD V. ROSENBLUM AND OTHERS TO PLACE A MOBILE HOME COURT ON MAIN STREET, WEST GLENS FALLS, TOWN OF QUEENSBURY. ApPearing on behalf of the apPlication was attorney Francis W. McGinley who described the area to the board, Presenting maPs and making note that a correction to the tax maP had been recorded. Mr. Kurosaka asked Mr. McGinley if his clients were cognizant to the existence of a trailer ordinance. Mr. Fit~gerald explained to the audience that regular Procedure for the board was to examine maPs and other Pertinent data before asking for appearances for or against any application. He also suggested that the application be tabled until the next meeting so that the board could '- understand the ProPerty lines. Mr. McGinley stated that the Town surveyor has determined that the area in question is ~oned M-l, R-3 and R-4. He aPPealed for granting of the variance on the grounds of hardshiP -2- #1. ~"- for the owners of the ProPerty, saying the area is uneven terrain and is oonfined to the restrictions of the zoning ordinance. The variance will Permit the use of the Premises and will not alter the essential character of the locality. He further stated that it is far removed from any kind of develoPment and will enhance and imProve the agjoining area, mentioning that it is now used as a dumP; a develoPment of this kind would Provide more taxable ProPerty than Presently exists. The following People Presented themselves in oPPosit~on and for the reasons stated: Jimmy Murray, 3 Ryan Avenue wanted a clarification of the M..l zoning. Randolph Whittemore, 22 River Street, owns ProPerty on both sides of the Power line (Niagara Mohawk). Clyde Benack, 1 Ryan Avenue, concerned with access to the road. Elmer Cousins, 87 Main Street, concerned with increased traffic; stating there is already a serious Problem. His u2nderstanding that the develoPment would accommodate 90 to 95 units further influenced his oPPosition. Hugh Henderson, rePresenting Schine EnterPrises, said The Queensbury CorPoration owns several acres across the way. George Hermance, east side of Ryan Avenue stated more children, more buses, more traffic, more school taxes. Louise Baltzar (and on her mother's behalf) 7 Ryan Avenue said the neighborhood had to contend with enough that is now on the corner. -- Marie Barry, north side of land in question - more children, more homes, more traffic. J.jÓ¡ -3... Mary E. Rosa, 13 Ryan, traffic, children, taxes. .~ Francis Martindale, 104-102 Main Street ... sewer drainage Problem. Mr. Martindale said with the equiPment available today, anyone can develoP ProPerty any way they desire. He asked for information regarding the tyPe of develoPment. Mr. Fitzgerald told him that a mobile home court is Permitted in any of the three zones... M-l, R-3 and R-4. Mr. Streeter suggested that if Mr. Martindale had one or two questions he could refer to Mr. McGinley, PerhaPs everyone would benefit from the rePlies. Mr. McGinley said that ~othing is ProPosed to be develoPed north of the Power line. There is provision for 90 units, a recreation building and a swimming Pool, suggesting similar somethinq to Drellos' and Slopey's develoPments. When Mr. Martindale asked about the water source, Mr. McGinley said that matter would be negotiated with the Town of Queensbury. Mr. Martindale asked about Protection - shrubbery Perhaps; kind of set-uP... cement blocks. Mr. McGinley said they would be set uP as Permanent homes - F.H.A. aPProved. Mr. Kurosaka reminded Mr. McGinley that the board is emPowered to insist on screening, i.e. shrubbery. Additional People in opposition for reasons of traffic, devaluation of surrounding ProPerty, and increased taxes were: Lorraine Gibson, 2 Ryan Avenue Mrs. Carolyn Martindale, Main Street Fred Rozell, 88 Main Street Cliff Barry, 97 Main Street Debbie Monsour, 95 Main Street Jean Gibson, 67 Main Street Arthur Beaudin, 99 Main Street J/fÞ. -4- The Board: -, RESOLVED: Variance #207 be adjourned until the November meeting. Mr. Fitzgerald then read Proof of Publication for application for variance #208 by BIG SPORT TO ~LACE A SIGN LESS THAN THE REQUIRED 50' SETBACK ON 'lliE ~RQt'ERTY SITUATED AT THE CORNER OF ROUTE 9 AND SWEET ROAD, TOWN OF QUEENSBURY. APPearing on his own behalf was Michael Jones who answered Mr. Sicard's question regarding lighting saying he used sPotlights. He told the board that he needed something to let People know they were oPen during the winter for more than large sPorting equiPment. The Town ~lanning Board aPProved requesting its use only from October until APril. The Warren County Planning Board disaPProved saying it would constitute a more non- conforming use. There were no other aPPearances. The Board: RESOLVED: Variance #208 by Big SPort to place a sign less than the required 50' setback on the ProPerty situated at the corner of Route 9 and the Sweet Road, Town of Queensbury, be aprroved on the grounds that it is in harmony with general PurPose and intent of the ordinance. Mr. Fitzgerald then read the notice of public hearing to consider the application for a variance of MOBIL OIL CORPORATION TO ~LACE SIGNS LESS THAN THE REQUIRED 50' SET BACK ON 'lliE ~RQt'ERTY SITUATED AT 'IRE CORNER OF AVIATIDN ROAD AND UKKER GLEN STREET, TOWN OF QUEENSBURY. ~Pearing on behalf of the application were Edward - Baroncini and William Frazee. 1'1, -5- Mr. Sicard asked Mr. Baroncini if Mobil Oil was in the self-service gas business when they aPPeared before the board Previously and Mr. Baroncini rePlied, "No." Mr. Fi t4gerald, "I hoPe you are eware of the fact that we Passed on APril 16, 1969, an apPlication for a sPecial Permit by Mr. Lebowitz, Permit No.8. In our granting of the request, we stipulated that all signs on the Premises be conforming according to the ordinance." The Town and County Planning Boards disaPProved the application. There were no other apPearances. The Board: RESOLVED: Variance #209 by Mobil Oil Corporation to place certain signs with less than the 50' setback be disaPProved on the grounds that insufficient basis has been shown for granting the variance. Let the record show one abstension from voting. Proof of Publication was established for application for variance #210 by GORDON WEMMITT TO PLACE A GARAGE LESS THAN THE REQUIRED 30' SETBACK ON .t:JRQJ;-ERTY LOCATED ON KITCHER ROAD, TOWN OF QUEENSBURY. RePresenting Mr. Wemmitt was Cliff Morehouse who, when questioned by Messrs. Kurosaka and Streeter, told the board that there was about a 15 ft droP in the land. The Town Planning Board aPProved. There were no other aPPearances. The Board: RESOLVED: Variance #210 by Gordon Wemmitt to place a garage less than the required 30' setback on ProPerty located on Pitcher Road, Town of Queensbury, be apProved on the grounds that strict application of the ordinance would result in unnecessary hardship and would dePrive the owner of the reasonable use of the land. iff, -6- Mr. Fit~gerald then read Proof of Publication for aPplication for variance #211 by QUEENSBURY MOTORS. INC. TO RELOCATE 3 SIGNS LESS THAN THE REQUIRED 50' SETBACK ON THE PROt'ERTY SITUATED AT QUAKER ROAD. TOWN OF QUEENSBURY. APPearing on the behalf of Queensbury Motors were Earle Matte, attorney; Irv Woodin, owner; a~d Robert Platt. Signs of ~rogress. They Presented Pictures to the board and Mr. Platt advised that the new signs would actually be less square footage than the Present ones and they would be eliminating the revolving signs. The new sigps would also be farther back than the Present ones. The Town and County Planning Boards aPProved. There were no other aPPearances. The Board: RESOLVED: Variance #211 by Queensbury Motors. Inc. to relocate signs less than the required 50' setback on the ProPerty situated on Quaker Road, Town of Queensbury be aPProved on the grounds that the new signs will be less non-conforming than the existing signs. Proof of Publication was then established for applica- tion for variance #212 by DR. JOHN B DELONG TO ENLARGE A NON-CONFORMING USE (EXTENSION OF THE GRAZING AREA) IN AN R-3 ZONE ON THE PRO~ERTY SITUATED ON RIDGE ROAD. TOWN OF QUEENSBURY. APPearing on behalf of the application were Dr. DeLong and Gordon Hemmett, attorney who submitted 7 consents from surrounding ProPerty owners and told the board there would be no structural changes on the ProPerty, only the fence. Consents are as follows: Mr. and Mrs. Henry Siefkin Gladys M. Collins 1" -7- Clarence H. Elms Mr. and Mrs. Edgar Nichols Richard and Catherine Terry Priscilla and Clement Wright Mrs. Norman Calkins The Town ~lanning Board aPProved. There were no other aPPearances. The Board: RESOLVED: variance #212 by Dr. John B. Delong to enlarge a non-conforming use in an R-3 ~one on the ProPerty situated at Ridge Road, Town of Queensbury, be aPProved. The granting of the variance is necessary for the reasonable use of the land and will not be injurious to the neighborhood or otherwise detrimental to the Public welfare. In the final order of new business, Proof of publication was read for aPPlication for a variance #213 by BLUE SKY RESTAURANT TO PLACE A SIGN LESS THAN THE REQUIRED 50' SETBACK ON 'IRE .k-'RQ.t'ERTY SITUATED AT ROUTE 9 AND WEEKS ROAD, TOWN OF QUEENSBURY. APPearing on behalf of the aPPlication was Robert Platt of Signs of .k-'rogress who told the board the petition was to re-erect a sign and relocate it back (on a new Pole) close to the sign Presently standing. There would be no lights or neon. The Town and County Planning Boards apProved. There were no other aPPearances. The Board: RESOLVED: variance #213 by Blue Sky Restaurant to place a sign less than the required 50' setback on the ProPerty situated at Route 9 and Weeks Road, Town of Queensbury be åPProved on the grounds that the request is reasonable due to the relocation of the highway. On a motion by Mr. Sicard, seconded by Mr. Kurosaka, the meeting was adjourned at 10:40 P.m. '-' ~4 /~~ Secretary