1972-12-20
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MINUTES of the public hearing of the Zoning Board of
.~ Appeals held on December 20, 1972, Town of Queensbury, 7:29 p.m.
There were present:
John Fitzgerald
Charles Hutton
Charles Sicard
George Kurosaka
Richard Sanderspree
being the members of the Board. Because of a throat illness,
Chairman Fitzgerald sat on the Board, but Mr. Sicard acted
as chairman for this meeting.
On a motion made by Richard Sanderspree, seconded by
Mr. Kurosaka, the minutes of the previous meeting were approved
as read.
In the first matter of old business, Robert Stewart,
representing Glens Falls New York Commercial Properties
Development Corp., told the Board he had nothing further to
add to the previous month's record.
When questioned by Messrs. Sicard and Hutton, Mr. Stewart
told the Board a feasibility study had been made and described
the kind of store that had signed the "key lease". He said,
rather than other stores (in other centers) resenting the
increased competition, they feel one store enhances the other.
Mr. Hutton expressed concern regarding vacant stores and
Mr. Stewart assured the Board the new stores would sign long-
term leases. He said the stores would not be built until the
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leases were signed.
Mr. Sicard asked about maintenance of
¡-If
of the properties. Mr. Stewart said as he understood the
leases, the tenants would take over the maintenance.
Mr. Fitzgerald advised Mr. Stewart of the Board's
need to listen to the tape from the previous meeting's
special findings and asked Mr. Stewart if he was satisfied
tbat: sufficient information had been submitted for the Board
to make a decision. Mr. Stewart answered affirmatively.
The Board:
RESOLVED: Application for Special Permit #36 by
Glens Falls New York Commercial Properties Development
Corp. for shopping center in C-2 and C-3 zone is granted.
The Board Finds:
1. The use is one specifically enumerated in the
district. Large scale commercial development is
special use in C-2 and C-3 zones.
2. Such use will not be prejudicial to the character
of the area as proposed development is in highly
commercial area.
3. The Board determines that there is appropriate
provision for access facilities adequate for the
estimated ~raffic from public streets and/or
highways and that there are pedestrian walkways so
as to insure public safety and to avoid traffic
congestion provided that Department of Transportation
approval of plans is obtained.
4. That there are full adequate parking areas and off-
street loading spaces, in·.conformi ty with the pro-
posed parking requirements of the zoning ordinance
of the Town of Queensbury and all other related
ordinances as indicated on proposed plot plans,
as part of the application.
5. That suitable planting or screening has been required
as follows: proposed plot plan to be submitted
to Town of Queensbury Beautification Commission for
their recommendations and approval of plantings and
landscaping.
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6. That such use is of the same general character as,
or will not be injurious to, the surrounding neigh-
borhood or district, adjacent areas currently
utilized by other shopping centers.
7. (Applicable uses that would permit two or more
principal structures on the same lot.) That such
structures are so arranged so as to permit diversi-
fication in the location of building and to improve
circulation facilities and other site qualities
while maintaining adequate standards for public
health, safety, welfare and convenience as indicated
on proposed plot plans submitted to Board with
application.
8. Provided that approval of Sewage Disposal Facilities
by New York State Department of Health is obtained.
In the final matter of old business, Mr. Joseph A.
Haraden appeared and explained the location of the storage
building located at ~ilot Knob Road-Mason Road. After the
Board was assured that the building would be used only for
storage of lawn mower and other personal items,
The Board:
RESOLVED: application for variance No. 270 by Joseph
A. Haraden for setback of a storage building 12' from
property line in lieu of 30' on property located at
Pilot Knob Road-Mason Road is granted. The Board is
of the opinion that such variance is the minimum request
for the reasonable use of the land and is in general
harmony with the surrounding area.
Note: Because of an incorrect accounting in the local
newspëper, Mr. Haraden was of the opinion that he had
approval to build the building.
In the matters of new business, application for
Variance #273, DEAN HOWLAND, SEELYE ROAD, CLEVERDALE,was
withdrawn.
Application for variance #274, HARRY LAPANN TO PLACE
A REAL ESTATE OFFICE AND FOOD MARKET IN AN R-3/R-4 ZONE
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ON THE PROPERTY LOCATED AT THE CORNER OF MEADOWBROOK AND
QUAKER ROADS, TOWN OF QUEENSBURY, was tabled by the Planning
Board. Consequently the Board took no action and will hear
this at the January meeting.
Mr. Sicard then established proof of publication for
application for Variance #275, JOSEPH W. GERRITY JR., TO
PLACE A SIGN ABOVE THE ROOF AND AN OVERSIZED SIGN LESS THAN
THE REQUIRED SETBACK ON THE PROPERTY SITUATED AT THE CORNER
OF CORINTH ROAD AND BIG BOOM ROAD, TOWN OF QUEENSBURY.
Michard J. O'Connor, attorney for Mr. Gerrity,
Hamilton Hoffman of Signs of Progress, and Mr. Gerrity
appeared on behalf of the application. Mr. O'Connor located
the property for the Board and explained the plans for the
building of the restaurant. He and Mr. Hoffman described
the kinds of signs requested for the variance. Mr. Gerrity
would like a sign that would be visible from the Northway.
Mr. O'Connor said the sign would be 35 to 40' in the air.
He said strict application of the ordinance would cause a
hardship for the owner.
The Town Planning Board disapproved with the following
not a
comments: Disapproval of roof top sign~/permitted sign.
Disapproval of the billboard type sign as not in conformance
with proposed changes in the zoning ordinance which would
eliminate billboards. Approve sign on building of not over
75 sq. feet figured as the area enclosed by the extremities
of the lettering.
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There were no other appearances for or against.
The Board:
RESOLVED: Application No. 275 by Joseph W. Gerrity
for sign variances is granted for the "Copper Kettle"
signs on the north and south of facia, but all other
signs must be conforming. The ~oard is of the opinion
that hardship has not been shown for any further variance.
Note: Mr. Kurosaka abstained from voting.
On motion duly made by Mr. Fitzgerald, seconded by
Mr. Kurosaka, there being no further business to come before
the Board, the meeting was adjourned at 9:29.
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Secretary