1972-01-19
$"10.
MINUTES of the public hearing of the Zoning Board of
'- Appeals of the Town of Queensbury held on January 19, 1972,
at 7:35 p.m.
There were present:
John Fitzgerald
Charles Sicard
George Kurosaka
Richard Sandespree
being the members of the Board, excepting Charles Hutton
who was absent for this meeting.
On a motion by George Kurosaka, seconded by Charles
Sicard, the minutes of the previous meeting were approved as
read.
In the matters of old business, William Bacas, attorney,
appeared on behalf of Special Permit #27 by Zayre Corp.
to place a gasoline service station on Route 9, Miller Hill.
Mr. Bacas stated that since he was led to believe there would
be no quorum at this meeting, he had cancelled appearances
of Raymond Kees, Department of Transportation, State of New
York; the owner of Zayre's; and the manager of Zayre's. (Mr.
Kurosaka again disqualified himself because of his interest
in the application.) Mr. Bacas explained that he had planned
pertinent testimony for this meeting and asked for a special
meeting before February 1. Mr. Fitzgerald advised that a
special meeting would not be possible but that the Board had
no objection to taking written testimony. Mr. Bacas said
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the proposed cut that had been requested in the application
would be withdrawn. The Board tabled the request until the
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February 16, 1972 meeting at request of counsel for the
applicant.
Mr. Fitzgerald then read into the record a letter from
Harold W. Katz, Town Attorney, regarding proposed condemnation
proceedings against Torrington Construction Co., Inc. and
suggesting that no further action be taken by the Board on
their request for a variance. (This letter is attached to
these minutes.) Mr. Robert Morris, attorney for Torrington,
requested the Board to make their decision on the basis of
the evidence presented at the December 15th hearing, saying
the condemnation proceedings should have no effect on the
Board's decision.
The Board:
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RESOLVED: in accordance with the recommendation of the
Town Attorney, this Board will take no further action
on the application for a variance by Torrington Con-
struction Co., Inc., until further recommendation from
the Town Attorney.
In the matter of Variance #219, application by West
Mountain Sales to place non-conforming signs on the Corinth
Road, the Board:
RESOLVED: this request be tabled until February 16th
meeting awaiting opinion of the Town Attorney.
In the matter of new business, Mr. Fitzgerald read proof
of publication for Application for Special Permit #30 by
PETROL OIL CORPORATION FOR AN INTERNALLY ILLUMINATED ROTATING
SIGN ON PROPERTY SITUATED AT THE CORNER OF PINE AND MAIN
STREETS, TOWN OF QUEENSBURY. Appearing on behalf of the
application were Paul H. Nelson and Charles Painter. Mr.
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Nelson submitted photos of other existing stations and
explained to the Board that one of their biggest fortes was
selling gasoline and oil strictly on price. He said their
stations did no inside work. Mr. Fitzgerald asked for a plot
plan of the property and Mr. Sicard asked if Petrol's acqui-
sition of the property was recent. Mr. Kurosaka stated that
a sign could not be lighted and rotating. Mr. Fitzgerald
told the applicants that the Board had not approved a rotating
sign before. Mr. Nelson made reference to Esso's sign on the
Corinth Road (rotating) and Mr. Sicard replied this had been
erected before zoning. Mr. Sandespree asked if the sign would
be illuminated at night and Mr. Nelson replied, "Yes." Mr.
Nelson further stated that the sign would not be flashing but
lighted and rotating at a slow speed. The Town and County
Planning Boards disapproved, the Town Board stating they might
approve pending legal interpretation. There were no other
appearances.
The Board:
RESOLVED: Application for Special Permit #30 by Petrol
Oil Corporation be disapproved as the requested permit
would not be in harmony with the general intent and
purpose of the zoning ordinance.
On a motion by Mr. Sicard, seconded by Mr. Sandespree,
there being no further business, the meeting was adjourned at
8:40 p.m.
~¿/Pd- ;-~
Secretary
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:; \.- QUEENSBURY TOWN OFFICE BUILDING
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BAY AT HAVIL.AND ROAD, R. D. 1
GL.ENS F AL.L.S, NEW YORK, 12801
TEL.EPHONE: (518) 793·2555
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DIIJOAItTMKNT
~anuary 19, 1972
Hon. Zoning Board of Appeals
Town of Queensbury
Town Office Building
Glens Fa~ls, New York 12801
Re: Proposed Condemnation Proceedings
against
Torrington Construction Co., Inc.
Gentlemen:
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Please be advised that pursuant to Resolution 130
of the Town Board of the Town of Queensbury and the Condemna-
tion Law of the State of New York, condemnation p~oceedings
have been instituted by the Town of Qu~ensbury against
Torrington Construction Co., Inc. to acquire the lands
commonly known as the "Johnson Property" on the east side of
Ridge Road in the Town of Queensbury.
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As required by said Condemnation Law, an Offer
to Purchase has been made and ser.ved on Torrington
Construction Co., Inc. A Petition for Condemnation has
been prepared and will be served upon said TorringtDn
Construction Co., Inc. forthwith.
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It is my opinion that in light of the pending
condemnation proceedings, your honorable board should take
no further action upon the pending variance application sub-
mitted by said Torrington Construction Co., Inc.
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HWK:vh
cc: Hon. Gerald B. Solomon,
Building Inspector
Town of Queensbury Planning Board
~llY yours
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HAROLD W. KATZ .
Town Cwnsel
Supervisor
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