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1972-06-21 9~ '- MINUTES of the Public Hearing of the Zoning Board of Appeals, Town of Queensbury, held on June 21, 1972, at 7:40 p.m. There were present: John Fitzgerald Charl es Sicard George Kurosaka Richard Sanderspree being the members of the Board, excepting Charles Hutton, who was absent for this meeting. On a motion by Mr. Sicard, seconded by Mr. Kurosaka, the minutes of the previous meeting were approved as read. In the first matter of old business, special permit No. 32 by Clifford B. Witham was tabled at the request of the applicant. Proof of publication was again established for application for variance No. 232 STORYTOWN. All property owners within 500 ft. were notified. Appear- ing against the application again was Edward Baertschi who re-stated his ob- jections specifically siting a traffic hazard. Paul Lukar;:s, proprietor of Animal Land, spoke on behalf of Mr. Charles Wood, owner of Story town, saying "Mr. Wood is not asking for anything unreasonable. II Wayne Judge, attorney for Mr. Wood, advised the Board that, since the last meeting, the Town Planning Board had reconsidered their decision and approved the application provided it be a 155 sq. ft. sign with a setback of 20 ft. from the right-of-way rather than 10 ft. from the ROW as applied for. The Board: RESOLVED: Application for variance No. 232 be approved provided that the sign be located not less than 25 ft. easterly of Rt. 9 ROW. This will not be injurious to the neighborhood and will be in harmony with the general purpose and intent of the ordinance. 9~ Next item of old business to be considered by the Board was application for '-- Variance #233 by EDWARD T. HUTCHINSON TO EXTEND THE PRESENT ONE-CAR GARAGE 12 FT. TO THE WEST AND THUS REDUCE THE SETBACK LINE FROM THE WESTERN PROPERTY LINE FROM 20 FT. TO 8 FT. SAID PROPERTY IS ON THE SOUTHEAST CORNER OF SPRUCE COURT AND BROADACRES ROAD. Appearing on his own behalf was Mr. Hutchinson who told the Board, "At the time the house was built, we kept away from the easterly boundary as much as possible so as to provide privacy for both our neighbors and us. We now need a garage for our second car. II When Mr. Kurosaka asked if there was any other way to place the building so that Mr. Hutchinson would be only 8 ft. from the road, Mr. Hutchinson replied, lithe only alternative is to build another garage at the back of the property. II The present garage is 13 ft. by 20 ft. There were no objections from the adjacent neighbors. Mr. Hutchinson assured the Board that the hedge on the property would be cut back thus preventing any traffic hazard. The Planning Board approved subject to the results of the public hearing. The Board: RESOLVED: Application for Variance #233, Edward Hutchinson, be approved as requested. This is in conformity with the Planning Board's decision and in general harmony with the restrictions established for the area. In the final matter of old business, Mr. Fitzgerald, the Chairman, dis- qualified himself for the hearing of Application for Variance #228, JOSEPH W. GERRITY, because of his indirect interest in the application. Mr. Kurosaka acted as temporary chairman and established proof of publication for Mr. Gerrity's request for a Variance to allow operation of a restaurant facility in an M-l zone. 7~. - Michael J. O'Connor, of the firm McPhillips, Fitzgerald & Meyer, appeared as attorney on behalf of Mr. Gerrity. Mr, O'Connor described the property to the Board and said that strict application of the ordinance would create a hardship for Mr. Gerrity, He reminded the Board that the Corinth Road is zoned commercially and the closeness of Mr. Gerrity's property to the Northway makes it a "natural II for a restaurant-type facility. Mr. O'Connor further stated that he consulted Town Counsel, Harold W. Katz, who advised him that the Board did have the authority to grant the variance. Copies of Mr. Katz's interpretation and letter from Mr. O'Connor to the Zoning Board of Appeals are attached to these minutes. Mr. Sicard questioned plans for a parking lot and Mr. O'Connor advised that there are plans on the "drawing boardD to relocate the Big Boom Road. At that time (at present Mr. Gerrity has no access to the Corinth Road) some arrangements will be made for ingress and egress to the property. There were no other appear- ances for or against the application. The Town Planning Board approved commenting that this would be changed to a C-l zone under recommended change of the zoning map. The Warren County Planning Board also approved. The Baord: RESOLVED: Application for Variance #228 Joseph W. Gerrity, Jr., be approved, since this is the minimum variance required for the reasonable use of the land, and is in conformity with recommendation of the Planning Board. It should be noted that Mr. Fitzgerald abstained from voting. Mr. Fitzgerald, again acting as Chairman, established proof of publication for the first item of new business, Application for Variance #234 HARLEY HERMANCE JR. FOR THE EXPANSION AND COMPLETION OF A NONCONFORMING EXISTING STRUCTURE (FORMER CAMPBELL PROPERTY) FOR THE PURPOSE OF PARKING TRUCKS. THE PROPERTY IS SITUATED AT CONNECTICUT AVENUE, TOWN OF QUEENSBURY. Appearing on behalf of the application was Harley Hermance, Jr. who submitted a petition with 32 names indicating that they had no objections to the request. ------------1'···",.· 91, Mr. Hermance told the Board that Mr. Clarence Daggett will sell the property to Mr. Hermance provided the variance is granted. When Mr. Sicard asked if Mr. Hermance were going to buy it, Mr. Hermance again stated he would, if the variance were granted. Mr. Sander spree asked about the type of trucks. Appearing against the application was Dexter Campbell whose property faces the subject property. Mr. Hermance said he owns 2 large trucks and a small one and does not plan to leave them outside. He needs a place inside to work on them. When Mr. Kurosaka asked if the maintenance would be only on his own ve- hicles, Mr. Hermance replied affirmatively. The Town Planning Board approved if the property is maintained properly. The Board: RESOLVED: Application for Variance #234, Harley Hermance, Jr., be approved provided that all vehicles be stored within the building and only app1icant's own vehicles be repairedon the premises. This is the reasonable use of the land. Mr. Fitzgerald then read proof of publication for Variance #235, STANDARD FURNITURE TO PLACE A COVERED ENTRANCE STRUCTURE LESS THAN THE REQUIRED FRONT SET- BACK. THE PROPERTY IS SITUATED AT 680 UPPER GLEN STREET, TOWN OF QUEENSBURY. The Board studied the plot plan and determined the building is 34 ft. from the R.O.W. line. Mr. Kurosaka commented that Standard Furniture had previous approval for a free standing sign. There were no objections from the adjoining' property owners. The only question raised by Michael O'Connor, appearing on behalf of the Queensbury Fire Department, was the light on the sign. Appearing on behalf of the application was Michael DeVivo, manager for Standard Furniture, who told Mr. O'Connor that he would turn off the light if it interfered with the Fire Department's ac- tivities. There were no other appearances, The Warren County and Town Planning Boards approved saying it would improve the property. 78. The Board: RESOLVED: application for variance #235, Standard Furniture, be approved as this is in conformity with the Planning Board's recommendation for the reasonable use of the land. Proof of publication was then read by Mr. Fitzgerald for application for Variance #236 by VERNA LAVERY TO PLACE A MOBILE HOME 10J FRONT SETBACK IN LIEU OF THE REQUIRED 30' SETBACK. THE PROPERTY IS SITUATED AT THE CORNER OF OHIO AND SOUTH AVENUE, TOWN OF QUEENSBURY. It was determined that the lot is 60 x 100 ft. and that the Town Board has approved the location of a mobile home; it is a question of the necessary set- backs. The Town Planning Board returned the application commenting that sewage and water of neighboring properties should be checked against the proposed loca- tion on the site. It should be noted that Mr, Boynton reported the aforementioned had been done and the neighbors will be 50 ft. from the sewage system. Mrs. Madeline Fisk, Mrs. Lavery's daughter, appeared on behalf of the application. Mr. Sanderspree asked if notices had gone out to adjoining property owners. Appearing on behalf of Mrs. Lavery were her neighbors, Messrs. Ordway and Harold Barney. There were no other appearances. The Board: RESOLVED: application for Variance #236, Verna Lavery, be approved as this is the minimum variànce necessary for the reasonable use of the land. Proof of publication was then established for application for Variance #237, CARROLS RESTAURANT TO PLACE AN 88 SQ. FT. SIGN ON THE FACADE OF THE BUILDING IN LIEU OF THE REQUIRED 50 SQ. FT. THE PROPERTY IS SITUATED AT UPPER GLEN STREET (NORTHGATE PLAZA), TOWN OF QUEENSBURY. Mr. Fitzgerald, "I refer to January 22, 1970 hearing at which time we re- viewed an application for the erection of 2 non-conforming signs. We approved a free standing sign. The facia sign was disapproved. This application is identical to the first application. We are looking at the same sign we disapproved before. II 97. -- There were no appearances for or against the application. The Warren County Planning Board approved, concurring with the Town Planning Board which commented that this is less non-conforming than the present sign. The Board: RESOLVED: application for variance #237, Carro1s Restaurant, be tabled until the July meeting and application be referred to the Planning Board for reconsideration. Mr. Fitzgerald read proof of publication for application for Variance #238 BY THOMAS C. HALL JR., TO REPAIR VEHICLES IN AN R-3 ZONE ON THE PROPERTY SIT- uATED AT BENNETT ROAD, TOWN OF QUEENSBURY. Mrs. Hall, appearing on behalf of the application, told the Board that they owned 16.7 acres and sold 4 parcels, building a new home on the remaining property. When Mr. Fitzgerald asked what portion they now owned, Mrs. Hall explained the disposition of the 4 1/2 parcels of land. She further stated it was not their intention to build a garage and that they had worked on cars on the original site. Mr. Kurosaka asked about the size of the operation. Mrs. Hall explained the problems they had experienced when they operated the BP gasoline station on Dixon Road. Mr. Sicard asked about the number of cars that would be parked outside and Mrs. Hall stated that during the course of a day, three or four belonging to customers would be the maximum. She explained that most of the work was done by appointment, with no advertising, only work-of-mouth. Mrs. Virginia Brown appeared saying she was not objecting to the business, but the condition of the road. A petition with fifteen names was submitted stating the signers had no objection to the enterprise. Also appearing on behalf of the Halls was Lawrence Caverly. Michael Woodbury objected stating that he had seen 14 cars at one time with no license plates. The Town Board disapproved commenting there were no proper reasons shown for use variance. The Board: /00. '- RESOLVED: application for variance #238, Thomas C. Hall, Jr., be approved for a one year period provided all existing junk cars be removed from the property and that not more than 4 vehicles be located outside at anyone time. Note: Mr. Kurosaka abstained from voting. Mr. Fitzgerald read proof of publication for application for Variance #239 by JOHN AND VIRGINIA AMBLER TO PLACE A ONE CAR GARAGE 221 FRONT SETBACK IN LIEU OF THE REQUIRED 30' SETBACK ON PROPERTY SITUATED AT NORTH POST OFFICE ROAD, OFF PILOT KNOB ROAD, KATTSKILL BAY, TOWN OF QUEENSBURY. Attached to these minutes are the names of R. F. Stutz and Edwin A. Willis who notified Mr. Hutton, the secretary, that they were in favor of granting the variance. The Board questioned Mr. Ambler (appearing on his own behalf) and studied the plot plan. There were no other appearances. The Town Planning Board approved saying this is further from the ROW than the building being removed and than the other buildings on the site. The Board: RESOLVED: application for Variance #239, John and Virginia Ambler, be approved since this is in general harmony with the restrictions established for the area and is in conformity with the Planning Board. Proof of publication was established for application for Variance #240 and Special Permit #33 by BILLY C. WARD, GRAY PROPERTIES, INC., TO PLACE AN AUTO- MOBILE SERVICE (AUTOMOBILE, TRUCK, AND TRACTOR RENTAL) ON THE PROPERTY LOCATED AT THE SOUTH SIDE OF QUAKER ROAD, TOWN OF QUEENSBURY, C-3 lONE. Attached to these minutes is the Town Attorney's opinion regarding permitted special use. Appearing on behalf of the applicant was attorney William Bacas who explained the nature of the business to the Board and advised them that there would be 6 cars, 3 van-type and 3 u-haul type vehicles. Mr. Bacas read the sec- tion of the ordinance relating to permitted special uses. Mr. Ward was also present and answered questions posed by the Board. Appearing in opposition were James Mooso, representing the people on Homer Avenue, and William Matt, Ben Brower, 101. Robert Hillis; The Town Planning Board disapproved feeling this is a use var- -- iance, The Board: RESOLVED: application for variance #240 and/or Special Permit #33, Billy C. Ward, D.B.A. Gray Properties, Inc. be approved provided the sides and rear be fenced so as to insure that all vehicles entering and leaving premises use only Quaker Road and provided not more that 12 rental units be permitted on the property at any time. In the final matter of business, Mr. Fitzgerald read proof of publication for application for Variance *241 by REGAN AND DENNY FUNERAL SERVICE, INC. TO PLACE A CONFORMING FREE STANDING SIGN LESS THAN THE REQUIRED 50· SETBACK ON THE PROPERTY SITUATED AT THE NORTH SIDE OF QUAKER ROAD, TOWN OF QUEENSBURY. There were no appearances for or against the application. Mr. Liapes advised that it is a conforming sign. The Planning Board approved subject to the qualifications that the sign be 151 from the R.O.W. The Board: RESOLVED: application for variance #241, Regan and Denny, be approved as this is in conformity with the Planning Board. The sign must be 15 ft. from the R.O.W. There being no further business, on a motion by Mr. Sicard, seconded by Mr. Kurosaka, the meeting was adjourned at 11:00 p.m. /~/¿, ¿;" .//C /7æ "t-c, / C" /zr- / $dtL~~- Secretary