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1972-05-17 St;". MINUTES of the public hearing of the Zoning Board of ,- Appeals, Town of Queensbury, held on May 17, 1972, at 7:40 p.m. There were present: John Fitzgerald Charles Hutton Charles Sicard George Kurosaka Richard Sanderspree being the members of the board. On a motion by Mr. Sicard, seconded by Mr. Kurosaka, the minutes of the previous meeting were approved as read. In the matters of old business, the chairman, Mr. Fitzgerald announced that application for Special Permit #32 by Clifford B. Witham was tabled by the Planning Board. With regard to application for Variance #220 by VERMONT INTERNATIONAL PETROLEUM, John Hendley appeared and submitted the 60% consents from adjoining property owners. The Warren County Planning Board approved the request, but referred VIP to the Beautification Committee. Attached to these minutes is the recommendation from the committee. Mr. Hendley advised Mr. Hutton that VIP had agreed to the com- mittee's proposal. There were no other appearances. The Board: RESOLVED: Variance #220 by Vermont International Petroleum Company, Inc. for a gasoline filling station at the Farm-to-Market and Ridge Roads, Town of Queens- bury, be approved since the granting of the variance "-- --- -- -- -- -- ---- ~~- ßf.. ç~-~ ~ 7~ 1(r:::P. I ~ ~''1L -,J- I~(f. "-' ...../J 6J ~~,,'- , ,". .. -........ ...~... ... ... . . ; Df~ t/ '" ' ,,' .", I ~~.-\J, ~ ~ ÞO___-r-J ~~ 3~ [.bI.~~~:v'~ .~~ ¡ -r;;.<: ~ .IO-A__:.,,:-t;~- ~ ~, I .. ~.. . ...~...""""-:r ~~ /¿ "r -rr---&-" ~\ ~ ..r~~ -d-~ ..- \ ~ .-J..'..; ~ ~~ ~~~~~£4 -,..... ~l -- will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, provided that the plantings agreed to with the Queensbury Beautification Committee be adhered to. Mr. Fitzgerald, in the first matter of new business, read proof of publication for application for VARIANCE #227 BY WILLIAM H. STOCK TO PLACE A BUILDING TEN FEET REAR SETBACK IN LIEU OF THE REQUIRED THIRTY FEET AND A FREE STANDING SIGN FIFTEEN FEET FROM FRONT AND SIDE SETBACK IN LIEU OF THE RE- QUIRED FIFTY FEET. THE SUBJECT PROPERTY IS SITUATED AT THE SOUTHEAST CORNER OF QUAKER AND MEADOWBROOK ROADS, TOWN OF QUEENSBURY. There were no appearances at this time on behalf of the application. (Mr. Liapes was requested to call the applicant.) Objecting to the application was E. J. Grant of 35 Meadowbrook Road who asked what the building was going to be used for. Mr. Fitzgerald replied that apparently it was going to be a bar. He told Mr. Grant that because the ap- plicant was not present, Mr. Grant could ask questions for the record and these would be considered at a later time when the applicant would be present. He told Mr. Grant that the property was in a C-3 zone and could be used for any purpose that is called for in that kind of zoning. He also advised Mr. Grant that the only question was to permit the building to be less than the required setback and the sign less than the required setback. gt Mr. Stock arrived at 8:55 (apologizing for his lateness- - he understood the meeting would start at a later time.) Mr. Stock explained his reasons for needing the variance and the Board studied the map. At this time, Mr. Grant voiced his objections to the building citing a traffic problem. Also appearing against the application were Thomas Gorman who complained about the noise from music; Mr. Guerrie of Meadowbrook Road who claimed adjoining property owners were not notified; Mrs. Leon Lortie, 28 Meadowbrook Road who asked the same question as Mr. Guerrie; and Robert Kelley of 340 Ridge Road who voiced like objections. Mr. Liapes advised that the only property owners re- quired to be notified were George Johnson and Loren G. Gallop. (This had been accomplished.) Mr. Stock told the objectors that he would have a hedge to block out the lights. He further stated that he would be a good neighbor and would do everything he could to comply with their wishes. The Board: RESOLVED: Variance #227 by William H. Stock to place a building 10' rear setback in lieu of the required thirty foot setback and a free standing conforming sign fifteen feet from front and side setback in lieu of the required fifty feet be approved since this is the minimum variance for the reasonable use of the land. Mr. Fitzgerald then advised that application for variance #228 by Joseph W. Gerrity, Corinth Road, had been tabled by the Planning Board and that the Zoning Board of Appeals would hold this matter over until the June meeting. ßC¡, Proof of publication was then established for appli- '"- cation for Variance #229 BY PEKING RESTAURANT (PHILLIP LAU) FOR THE PLACING OF A SIGN LESS THAN THE REQUIRED FIFTY FOOT SETBACK. THE SUBJECT PROPERTY IS SITUATED AT THE CORNER OF WEEKS ROAD AND ROUTE 9, TOWN OF QUEENSBURY. Appearing on behalf of the application was H. F. Hoffman, Signs of Progress, who answered Messrs. Kurosaka's and Sicard's questions, saying a new sign is being requested (the old one was removed) and describing the new sign to the Board. The Town and County Planning Board approved because this hardship was caused by the State's new construction. The Board: RESOLVED: Variance #229 by Peking Restaurant (Phillip Lau) for the placing of a sign less than the required fifty foot setback on property situated at the corner of Weeks Road and Route 9, Town of Queensbury be approved along with the Town of Queensbury Planning Board. Mr. Fitzgerald then read proof of publication for application for a variance #230 by EILEEN D. VINCENT, CHESTNUT ROAD, GLEN LAKE, TO REPLACE A GARAGE LESS THAN THE REQUIRED THIRTY FOOT FRONT SETBACK, TOWN OF QUEENSBURY. Appearing for his mother-in-law was Peter Brown who explained the hardship to the Board. Mr. Sicard noted that the land drops down quite a bit and Mr. Kurosaka noted the new construction would be an improvement. There were no other questions or appearances. The Planning Board approved. 9D. The Board: '- RESOLVED: Variance #230 by Eileen D. Vincent to replace a garage less than the required thirty foot setback at property situated at Chestnut Road, Glen Lake, Town of Queensbury, be approved since the new building will be less non-conforming than the existing structure. Proof of publication was established for application for variance #231 by HAROLD R. WHITE TO CONSTRUCT ANOTHER DWELLING LESS THAN THE REQUIRED NIÆHUNDRED SQUARE FEET ON THE SAME LOT. THE SUBJECT PROPERTY IS SITUATED ON THE CORINTH ROAD, TOWN OF QUEENSBURY. Appearing on behalf of the application was Mr. White who explained the size of the lot. Mr. Liapes told the Board that the lot was long and very narrow. Mr. Fitz- gerald suggested adding on and connecting to the other building. Mr. Kurosaka noted that by doing this, there would be no need for a variance. Mr. Fitzgerald suggested Mr. White's withdrawing the application and told him Mr. Liapes could help him meet the requirements. Mr. White complied. Mr. Fitzgerald read proof of publication for appli- cation for VARIANCE #232 BY CHARLES R. WOOD FOR STORYTOWN TO PLACE AN OVERSIZED SIGN LESS THAN THE REQUIRED FIFTY FOOT SETBACK. THE SUBJECT PROPERTY IS SITUATED ON THE EAST SIDE OF ROUTE 9, TOWN OF QUEENSBURY. Appearing on behalf of the application was attorney, Wayne Judge of the firm of Clark, Bartlett, and Caffry, who explained the need for the variance. He said the proposed 9/. sign would be located 10 feet from the R.O.W. - the ordinance requires 50 feet from the nearest property line. -- Mr. Judge: "We appeared before the Town Planning Board and they denied our application. The County Planning Board approved with a recommendation to move back an addi- tional 10 feet - 20 feet from the R.O.W.....The R.O.W. is actually 24 feet from the macadem....In order to put the application into perspective, I would request the Zoning Board of Appeals to take into consideration all the surrounding circumstances.....The parking lot on the left side will be entirely covered with grass...a kind of grass that can hold traffic....gives a better appearance...the sign fits into the total scheme of a whole new venture for Story town.... Johnny Appleseed will be a year-around operation....it will cater to the general public on a night and daytime basis....In order to use the land in a reasonable way so that we can compete with other commercial places in the area, the sign is necessary. ..There is talk of a possible statute to condemn present signs...." He further read a section of the law and brought out the discrimination regarding gasoline stations. He presented various photos to the Board showing them the 50 sq. ft. sign. He said there is no way for a person(s) to write esthetics into a sign ordinance. He said holding the matter in abeyance would take it into the middle of July and the season starts 91. Memorial Day. He asked for suggestions from the Board. - He said there are 218ft. dry wells placed around the landscaped area. The variance would be as far back as they could go and still have people see the sign. Mr. Charles R. Wood told the Board that Story town will spend over $200,000 in advertising to bring people to the area. He noted that there were 39 states and 38 countries that have visited Story town. He asked for the privilege of having a sign that people could see. Mr. Kurosaka asked if 60 sq. feet would not be satis- factory. Movies were shown dipicting different approaches at varying speeds. Mr. Judge stated that it was not "trick" photography. Mr. Hoffman explained the kind of sign proposed. Appearing in opposition were the following people: (their objections are recorded on tape and filed in the Town Office Building) Edward Baertschi, Martha Freiberger, Kay's Motel, Mr. Cermate, and George Brayton. ME. Freiberger said that no letters had been received by the adjoining property owners. Mr. Liapes explained the reason for the error. Mr. Fitzgerald noted that the ordinance requires notification to everybody within 500 feet. Mr. Liapes was instructed to get out maps for the Board to check before any action could be taken. An impassioned speech was made on behalf of the application by Clifford B. Witham. There were no other appearances. 93. The Board: '- RESOLVED: Variance #232 by Story town is adjourned until the June meeting to provide additbnal time for notification of adjoining property owners. In the final matter of new business, proof of publica- tion was established for application for variance #233 by EDWARD HUTCHINSON TO PLACE AN ADDITION LESS THAN THE RE- QUIRED THIRTY FOOT SETBACK. THE SUBJECT PROPERTY IS SIT- UATED ON 20 BROADACRES ROAD, TOWN OF QUEENSBURY. There were no appearances for or against. The Planning Board approved subject to results of the public hearing. The Board: RESOLVED: application for Variance #233 by Edward Hutchinson be adjourned until the June meeting to allow the applicant to appear on his own behalf. There being no further business, on a motion by Mr. Sicard, seconded by Mr. Kurosaka, the meeting was adjourned at 10:15 p.m. ~~ ;dd~ - Secretary