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1973-01-17 I~ MINUTES of the public hearing of the Zoning Board of Appeals held on January 17, 1973, Town of Queensbury, 7:33 p.m. There were present: John Fitzgerald Charles Hutton Charles Sicard George Kurosaka Richard Sanderspree being the members of the Board. On a motion duly made by Charles Sicard, seconded by George Kurosaka, the minutes of the previous meeting were approved as read. In the first matter of business, Mr. Fitzgerald estab- lished proof of publication for application for variance #276 QUEENSBURY MARKET TO PLACE A FREE-STANDING SIGN IN A C-l ZONE ON THE PROPERTY SITUATED AT AVIATION ROAD, TOWN OF QUEENSBURY. In fact, the applicant requests permission to maintain a sign located a distance of approximately ten feet southerly of the southerly edge of the roadbed of Aviation Road. Gordon Davis, of Clark, Bartlett and Caffry, attorney for Mr. Henry J. Sleight, d/b/a Queensbury Market, told the board that strict application of the zoning ordinance would result in s'evere hardship; that the sign was built after a building permit was issued respecting its construction. Also those grounds set forth in Section 10.202 (a), (c), (d) and (ê). He said a building permit was applied for in ~ 1959 and the sign was built in 1971. It is presently covered. Consists of illuminated 5' x 10' sign on steel supports in 161 concrete base, which was constructed and electrical wiring installed in 1959. Mr. Sleight planned to sell the business and the permit expired. When he re-applied, he was denied and he kept the sign covered. When Mr. Fitzgerald asked, "What are your justifications for granting a variance; are you pleading hardship?", Mr. Davis replied I ~Yes, primarily under section 10.202 (a) - special circumstances." Mr. Fitzgerald said, "Anyone applying should be aware of the limitations." Mr. Davis, "The fact that a permit was issued once led him (Mr. Sleight) to believe a permit would be issued a second time." Mr. Boynton wrote a letter to the Zoning Board of Appeals and this letter was read by Mr. Fitzgerald and is a part of these minutes. There were no other appearances against. Appearing for the application was William Roach, 2 Midnight Drive who had no objection. Don White who lives on Norwood Drive called on the phone to object. The Planning Board disapproved with the comment that the permit expired and not permitted in a C-l zone. The Board: ~ RESOLVED: application for variance No. 276 by Henry Sleight d/b/a Queensbury Market, Aviation Road, Queensbury for a free standing sign in a C-l zone is granted. The Board is of the opinion that such variance is not injurious or detrimental to the surrounding area. J55 Mr. Fitzgerald then established Proof of Publication for aPPlication for variance #277 HUMBLE OIL COMPANY TO '---- RE~LACE TwO NON-CONFORMING SIGNS WITH TWO LESS NON-CONFORMING SIGNS ON THE ~RO~ERTY SITUATED AT MAIN STREET, WEST GLENS FALLS. Robert ~latt, re~resenting Humble Oil, said the request was (1) to install a 70 sq. ft. "Exxon" sign on existing foundation and structure to rePlace an existing "Esso" sign- square footage remains same and (2) to install a 140 sq. ft. "Exxon" sign on existing structure and foundation to rePlace a 180 sq. ft. "Esso" sign. He said Humble Oil is in the middle of a "fantastic" changeover. The existing sign revolves when the wind blows. There will be no structural changes on the existing high-rise signs. They are going to a smaller sign which makes them less non-conforming. There were no other aPPearances. Mr. LiaPes rePorted that there was no action by the Warren County Planning Board because of a PostPonement of their regular meeting. The Town Planning Board aPProved saying, "smaller signs and less non-conforming". The Board PostPoned decision until action could be taken by the County Planning Board. In the final matter of new business, Mr. Fitzgerald established Proof of Publication for aPPlic~tion for SPecial Permi t #38 DANA S. BRAY, SR. TO .t"LACE .n. GASOLINE SERVICE STATION ON THE .t"RO.t"ERTY SITUATED AT ROUTE 9. LAKE GEORGE ROAD. TOWN OF QUEENSBURY. -. 15~ () A~Pearing on behalf of the aPPlication was R. Case Prime, attorney for Dana Bray, who told the Board there was no objection to a taPe recording. This recording is on record at the Town Building. Mr. Fitzgerald advised that before the Board could consider the aPPlication, they would have to have the 60% consent of surrounding ProPerty owners filed. APPearing on behalf of the aPPlication were Mr. and Mrs. Gedalia Segal, owners of the Hi-Way Host Motel who said they had no objection to any Part of the Plans. They are requesting a fence to Protect children. The Town Planning Board aPProved with no comment. The Board withheld decision on this aPPlication until all requirements are comPleted. There being no further business to come before the Board, on motion duly made by George Kurosaka, seconded by Richard SandersPree, the meeting was adjourned at 8:53 P.m. ~~7~ ~ . Secretary \.".,...