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1972-10-27 /;¡~ MINUTES of the public hearing of the Zoning Board of '- Appeals held on October 27, 1972, Town of Queensbury, 7:39p.m. There were present: John Fitzgerald Charles Sicard George Kurosaka Richard Sanderspree being the members of the Board, excepting secretary Charles Hutton who was absent for this meeting. On a motion duly made by Charles Sicard, seconded by George K~øsaka, the minutes of the previous meeting were approved as read. In the first matter of old business, Special Permit #28, EUGENE O'LEARY, Mr. Kurosaka disqualified himself as having direct interest in the application. A court steno- grapher was present and testimony relating to this request is a matter of record in the Town Building and a part of p. Wc~S' these minutes. William Bacas, attorney, and Raymond ,.. R6G"t?.T 1YI/l¡¿~JJftR.ur appeared on behalf of the applicant. '~'Ona.ld Þ4a.nr\l<itt~ assistant resident engineer of Warren County appeared and /Y) IJ-K. a ¡)/t R. or testified. Mr. ~I~uoLte cited a traffic count taken in 1971 (2 way count) on the Farm-to-Market Road. There were no other appearances. Mr. Fitzgerald advised that the Board must have time to study the testimony and the Board adjourned a decision until the November hearing. '-"' / ::15", The Board then listened to testimony with regard to '- Special Permit #32, CLIFFORD B. WITHAM, for which the court stenographer also was present. This testimony is also a matter of record at the Town Building and a part of these minutes. Appearing on his own behalf was Clifford Witham who told the Board that the closest description defining his request was a marina but that he had specified that he did not want a marina i.e. like Harris Bay. Appearing against the application were William Hall, 8 Tom Macure, Mrs. Colgate Phillips, Dr. Henry T. Nagamat~u, Joseph Schmid\inger, Mrs. William Hall, Edward O'Hanlon, and Mrs. Joseph Schmid\inger. Appearing for the applicant were Messrs. Paul and John Brown, and Dean Teele. Decision was postponed until the November meeting. In the final matter of old business, Mr. Fitzgerald established proof of publication for application for a variance #253, MARSHALL CLEMENS TO PLACE A GARAGE LESS THAN THE REQUIRED 30' FRONT SETBACK ON THE PROPERTY SITUATED AT PICKLE HILL ROAD, TOWN OF QUEENSBURY. Appearing on his own behalf was Mr. Clemens who explained to the Board where he is proposing the new garage. He also submitted pictures. Mr. Boynton told the Board that the Town '-' /~(p. had taken a portion of Mr. Clemens' property to widen the road. There were no other appearances. - The Board: RESOLVED: application for variance #253, Marshall Clemens, be approved since the granting of this variance will be in harmony with the general purpose and intent of the ordinance and will not be injurious to the neighborhood. In the final matter of old business, the Board: RESOLVED: Approval rendered June 22, 1972 with respect to application for variance #232, Story town, be amended to include that the sign contain the words "Cocktail Lounge." Chairman Fitzgerald then read proof of publication for the first item of new business, application for Special Permit #34 CHARLES H. MAINE TO USE AN EXISTING BARN FOR A BOAT STORAGE BUSINESS ON THE PROPERTY SITUATED AT THE WEST SIDE OF RIDGE BEING PART OF THE FORMER FERGUSON ESTATE, TOWN OF QUEENSBURY. A tape recording of the special findings from this hearing is available at the Town Building. R. Case Prime, attorney, appeared on behalf of the applicant who was also present. Attorney Prime told the board that his applicant use permit was applying for a special/for storage of boats (dead storage) in the winter. He said the barn would not be changed - it would be strictly for dead storage - no signs - with boats brought in end of September and taken out in Mayor June. He advised that they had contacted the neighbors and 15 or 16 in the immediate area do not object to the use of - the premises for this purpose....There would be no access or /~7. parking problem....the maximum size of boats to be stored would be 20 to 22 ft....at this point there is no way to determine whether it will be 10 or 12 boats. Mr. Sicard, "There will be no work outside, for instance, painting?" Mr. Prime, "No. One of our requirements is that it is dead storage. No maintenance inside or out." Durwood Weaver, Ridge Road, appeared and told the Board he could see no problem as a result of this request. There were no other appearances. The Town Planning Board disapproved commenting that it is not in keeping with the character of the area. The Board: Adjourned any action until the November meeting. WToof of publication was then established for appli- cation for variance #258 HOWARD C BRAMER TO PLACE A TWO CAR DETACHED GARAGE LESS THAN THE REQUIRED SETBACKS ON THE PRO- PERTY SITUATED AT SULLIVAN PLACE, GLEN LAKE, TOWN OF QUEENS- BURY. Appearing on his own behalf was Mr. Bramer who told the Board the building had started out as a camp. He put on an addition and is living there now. He wants to protect his car. Mr. Liapes described the area. There were no other appearances for or against. The Town Planning Board approved '- commenting it would mean practical difficulty. The Board: RESOLVED: Application for variance #258, Howard Bramer, be approved in conformity with the Planning Board. .I:la. Mr. Fitzgerald then read proof of publication for ~ application for variance #259 MC DONALD'S RESTAURANT TO PLACE A SIGN ON THE ROOF OF THE PROPERTY SITUATED AT MILLER HILL, UPPER GLEN STREET, TOWN OF QUEENSBURY. Appearing on behalf of the application was Jack Nygren, from the Boston Regional Office. He told the Board McDonald's would like to keep up with the new image. Mr. Nygren, "We think we have helped the location. A good job was done in remodeling. We need this sign to keep up the complete remodeling picture. We have removed the existing sign." He submitted pictures to the Board and told them there were no other free-standing signs. When Mr. Sicard asked about the lighting, Mr. Nygren said it would be internally illuminated - no flashing lights. The Town Planning Board approved saying it would be smaller than the old sign which was removed. The Board: RESOLVED: Application for variance #259, McDonald's be approved as it is in general harmony with the restric- tions established for the area. Proof of publication was then established for applica- tion for a variance #260 by THELMA W. CORMUS TO CONDUCT A SEASONAL BUSINESS (ANTIQUES AND GIFTS) ON THE PROPERTY SIT- UATED AT CORMUS ROAD-WEST MOUNTAIN ROAD, TOWN OF QUEENSBURY. '-- This would be a seasonal business (from May 15th to December 15th) in the living room. Mrs. Cormus appearing on her own behalf, told the Board /~'1. there was no sign contemplated. There were no further '- questions. Michael Brandt appearing on behalf of Mrs. Cormus, told the Board he is completely in favor of the request. The Town Planning Board approved with no comment. The Board: RESOLVED: Application for variance #260 be approved in that the granting of this variance will be in harmony with the general purpose and intent of the ordinance and will not be injurious to the neœghborhood. Commissioner Fitzgerald read proof of publication for application for Variance #261 SO. QUEENSBURY VOLUNTEER FIRE COMPANY TO PLACE AN ADDITION LESS THAN THE REQUIRED 30' REAR SETBACK ON THE PROPERTY SITUATED AT LOWER DIX AVENUE, TOWN OF QUEENSBURY. Appearing on behalf of the application w~s Richard E. Austin, President of the Fire Company, .who told the Board the membership is getting larger and they do not have room for a meeting place. The Town and County Planning Boards approved. There were no other appearances. The Board: RESOLVED: Application for Variance #261 be approved as necessary for the reasonable use of the land. Mr. Fitzgerald read proof of publication for application for Variance #262, EVELYN BENACK TO PLACE A DANCE SCHOOL IN A GARAGE ON THE PROPERTY SITUATED AT 19 GLENWOOD AVENUE TOWN OF QUEENSBURY. Mrs. Benack, appearing on behalf of the application, /30. there would be no more than 4 to 6 in a class at one time. The age would be from 4 years old to 24 or 25. A record player would be used for accompaniment. When Mr. Sicard asked how far the garage is from the residence, Mr. Liapes replied, "12 ft." Mr. Liapes explained the property to the Boardêarld said the families of Jordon and Donohue were on either side. Attorney Fred Bascom; asked considerable questions and Mrs. Benack submitted the following replies: Classes would run from 1:30 to 8:30 p.m., Monday through FridaY-Jgrnd,)Saturday mornings. Advanced ages would attend 6:30 to 7:30 p.m. No more than 4 to 6 at a time. She said the children are usually dropped off by parents and picked up at the end of class. There would be no orchestra, no piano, and many of the pupils are wives of doctors and lawyers. The total enrollment is 170 students. The following neighbors are in favor: Frank Del Signore, Mrs. Jordon and Mrs. Donohue, Roger and Morris Hague, the families of Sondrini, Culver, Hartman, Waite, White, and Olson. Those who appeared against are: Florence Vogler, James Lawrence, and Beatrice Clovinger. Ginger Spring, instructor and Mrs. Benack's daughter, told the Board that she teaches until the end of Mãy and starts in the middle of September. Other appearances were Mr. Rogers on Glenwood Avenue /3/, and Robert LaRose. The Town Planning Board approved subject to public hearing results. There were no other appearances. The Board adjourned action until the November hearing in order to have time to study the special findings. Proof of publication was then established for appli- cation for Special Permit #35 by DUNHAM'S BAY BOAT COMPANY, INC. TO PLACE A BOAT STORAGE BUILDING ON THE PROPERTY SITUATED AT ROUTE 9L, (THE VIRGINIA ALLEN PROPERTY) DUNHAMS BAY, TOWN OF QUEENSBURY. The request is for a frame construction, steel covered building to be used for boat storage 70' x 130' x 20'(height). Appearing on behalf of the applicant was Daniel Smith, attorney, Who presented a tax map to the Board and described the property showing the ROW. He told the Board the area is presently being used as a dump. The building would be used strictly for dead storage of approximately 40 boats which basically come from the surrounding area and an additional 110 from other sources. Presently they are storing 70 on the dock, 35 under the docks, 14 on the second floor, 16 above the shop, 13 in a barn in Chestertown, 10 outside in a driveway and 10 in a borrowed garage. This year they rented a building to store 40. The largest boat would be 24 ft. Adjoining property owners are Shortsleeves, Woodin and Dunham's Bay Lodge. He submitted a statement from them '- signifying no objection to the proposed building. He said if could not be seen from the lake or the highway or the --- '.- '- ,13::2. brook up Bay Road. He cited the section of the ordinance regarding special uses and said generally, the area is oriented to boating. Appearing against the application were Sally Chenier, Frances Schmitinger, Bruce Wederspell, Raymond Loughrey, and Tom Catlin. Mr. Fitzgerald explained special permitted uses to Mr. Wederspell. John Buchanan of Dunham's Bay Baid he had no objection and that possibly the contemplated hazard is a speed limit problem rather than visibility. Dean Teele confirmed Mr. Buchanan's statements. There were no other appearances. The Town Planning Board approved the request with no comment. The Board: Adjourned the decision until the November meeting to allow the members to study any special findings. In the final matter of new business, proof of publication was established for application for Variance #263, BERNARD N. ROGGE TO PLACE A MOTEL IN AN R-4 ZONE, ALSO VARYING SET BACK AND SIGN REQUIREMENTS ON THE PROPERTY SITUATED AT 29 AVIATION ROAD, TOWN OF QUEENSBURY. Representing the applicant was Michael O'Connor, attorney, who asked for permission to install or construct a motel on the northerly side of Aviation Road on a lot currently zoned R-4, and for permission to locate the southerly boundary of said motel within 25 ft. of the northerly boundary of old Aviation Road and for permission to relocate existing /.33. Imperial Motel signs on the said premises approximately 15 ft. '....-,.. northerly of the northerly boundary of old Aviation Road, said signs being free standing and in excess of square footage permitted; all as shown on plot plan. He added relocation to westerly side of lot 10 unit motel and canopy, installation of pool and paving, parking sites, shrubbery, fences, etc. He noted that the tax map is incorrect and submitted an aerial photo showing the property and adjoining owners. Mr. Kurosaka disqualified himself as having direct interest in the application, Mr. O'Connor said the application is solely for motel use and would request no provision for a diner or restaurant. He pleaded hardship for the applicant, saying they must have the buildings off the present location by January 1, 1973. He presented the plan in two phases, the proposed pool being part of phase 2. Alton Bartholomew appeared and testified in favor of the application. Also in favor were Mildred Pepin, Fred Pepin, Walter Dyke, Eddie Butz, Rodney Fciubø~, Foster Brooks, Kenneth Parker and Mr. Winchell. Aleta Patch is opposed saying business is "pushing" residences out of the area. The Town Planning ~oard tabled the request for study 1./ and referred it to the Warren County Planning ~oard and Zoning Board of Appeals without comment. Warren County approved subject to traffic review. ',,- / ..3~ The Board: \, RESOLVED: Application for Variance #263 be approved provided that all signs be in conformity with the ordinance, except the free-standing sign may be set back only 17 ft from the highway boundary, that the pool may be located at the front of the property, that Department of Health approved septic system be installed, and that the property be fenced and land- scaped so as to obtain the approval of tæQueensbury Beautification Committee. Note: Mr. Kurosaka abstained from voting. On a motion duly,made by Charles Sicard, seconded by Richard Sanderspree, the meeting was adjourned at 1:45 A.M. /""'. -;.t~::.~'~J..-=- (<'L..-.. ~.- "..-"' ". Secretary (..~ '-