1973-01-17
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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
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1959 and the sign was built in 1971. It is presently covered.
Consists of illuminated 5' x 10' sign on steel supports in
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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:
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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.
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Mr. Fitzgerald then established Proof of Publication
for aPPlication for variance #277 HUMBLE OIL COMPANY TO
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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.
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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.
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~ . Secretary
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