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1973-02-21 ¡57 MINUTES of the public hearing of the Zoning Board of Appeals held on February 21, 197), Town of Queensbury, 7.)0 p.m. There were present. John Fitzgerald Charles Sicard Riohard Sanderspree Absent. George Kurosaka Charles Hutton being members of the Board. No action was taken on the minutes of the previous meeting. In the first matter of old business, varianoe #277, HUMBLE OIL COMPANY, TO REPLACE TWO NON-CONFORMING SIGNS WITH TWO LESS NON-CONFORMING SIGNS ON THE PROPERTY SITUATED AT MAIN STREET, WEST GLENS FALLS. No one appeared. Mr. Fitzgerald announoed that, the pUblic reoørd having been previously closed, determination would be made at the exeoutive session immediately following the pUblio hearing. The Board. RESOLVED. Application for varianoe 277, Humble Oil Co., be approved sinoe, in the opinion of the Board, suoh variance is less non-conforming. In the final matter of old business, Speoial Permit #)8, DANA S. BRAY, SR., TO PLACE A GASOLINE SERVICE STATION ON THE PROPERTY SITUATED AT ROUTE 9, LAKE GEORGE ROAD, TOWN OF --- QUEENSBURY was considered. R. Case Prime, representing Mr. Bray stated that they were not quite prepared to filt all of their consents, but he was sure the 60% approval of property owners would be met. Mr. Fitzgerald asked if it would be agreeable for the Board tø take action oontingent upon receiving the necessary 60~. Mr. Bray replied affirmatively. ¡5g The Board. RESOLVED. Application for Special Permit #38, self- servioe gas station, granted provided that 60% oonsent of the adjoining property owners is filed with the Building Department. The Board determines that suoh use will not be prejudioial to the area and that all requirements will be met. It is also required that a fence at least 4' high be erected on all sides of the property exoept the front, and that the planting meet the requirements of the Town Beautifioation Committee. Under new business, variance #274 REQUEST FOR HE-ZONING PROPERTY OWNED BY HARRY & CLAIR LE PANN, N. E., CORNER MEADOW- BROOK & QUAKER ROADS was oonsidered. Karl Suprenant, representing the owners, appeared. Mr. Fitzgerald explained that the Zoning Board of Appeals had no jurisdiotion over zoning. Mr. Suprenant stated that the Planning Board had referred the application to the Zoning Board of Appeals for a varianoe for a specific purpose. No one else appeared in this matter and after discussion with Mr. Suprenant, Mr. Fitzgerald stated that the Board would review the matter and make a report. The Board. RESOLVED. Application for variance 274, Harry and Clair Le Pann, for real estate offioe be approved. Suoh variance is in general harmony with restriotions established for the area, provided that all traffio oomes out on Meadowbrook Road and that the pla~~ing and buffer zone be approved by the Town Beautification Committee. Mr. Fitzgerald established proof of publication for appli- cation for varianoe #278, DAIRY QUEEN TO PLACE A NON-CONFORMING SIGN LESS THAN THE REQUIRED FIFTY (50) FEET FRONT SET BACK ON THE PROPERTY SITUATED AT QUAKER ROAD. Mr. Robert McNally, owner, Joseph Messina, attorney, and John Rothernal, builder, '-- appeared. Mr. Messina stated that due to the dual nature of the business, Mr. MoNally was under oontraot to display two signs. one for the dairy business, the other for the food business, /5'1 and that the signs already purchased represent a considerable investment. During disoussion, Mr. Messina suggested that approval of the variance for a limited period, say )-5 years, would enable Mr. MoNally to amortize his investment. It was stated that Mark Doyle had no objeotion to varianoe being granted. Mr. Fit~gerald read two opinions. the Town Planning Board approved of the 15' set-baok, sign to be kept at 50 sq. ft. and moved at owner's expense. The County Planning Board stated that the 50' set-back and surfaoe should be met--the signs should be maintained within requirements, but would grant the neoessary set-baok. Mr. Fitzgerald announoed that the matter would be taken under disoussion at the exeoutive session immediately following the public hearing and the decision would then be available. The Board. RESOLVED. Application 278, Dairy Queen, granted, provided that conforming sign is ereoted no less than 50' from property line. Minimum varianoe necessary for reasonable use of property. Mr. Fitzgerald established proof of pUblioation for appli- cation for variance #279, CHESTER W. JOSLIN, d/b/a THE WOOD- BOX, TO UTILIZE A NON-CONFORMING SIGN IN A C-) ZONE ON THE PROPERTY SITUATED ON ROUTE 9, LAKE GEORGE ROAD. No one appeared in reference to this applioation. The Board. "-- RESOLVED. Applioation #279, Chester W. Joslin to utilize non-conforming sign in 0-) zone, Route 9, granted. Varianoe necessary for reasonable use of property. Mr. Fitzgerald established proof of publioation for appli- cation for varianoe #280, ALBANY ENGINEERED SYSTEMS (BROUGHTON) FOR A SIGN PLACED LESS THAN THE REQUIRED FIFTY (50) FOOT FRONT SET BACK ON THE PROPERTY SITUATED AT QUAKER ROAD. The applioa- ¡d::O tion stated "cannot meet 50' setbaok requirement... Gary Bowen appeared as applicant. Douglas Newoomb, appearing for the Broughton Company referred to this as a hardship oase, saying it was necessary that the sign be seen. John Maurer, owner of adjoining property, had no objeotion. Mr. Fitzgerald stated that a deoision would be given on this matter at the executive session. The Board. RESOLVED. Applioation for varianoe #280, Albany Engineered Systems, granted. Board of the opinion suoh varianoe is necessary for reasonable use of property. Mr. Fitzgerald established proof of pUblication for appli- oation for varianoe #281, MARION MAILLE, TO CONVERT AN EXISTING GARAGE TO AN ANTIQUE SHOP IN AN R-3 ZONE ON THE PROPERTY SITUATED AT WEST MOUNTAIN ROAD. Mr. and Mrs. William Maille appeared and discussion followed. Mr. Fitzgerald noted that the Queensbury Planning Board and Warren County Planning Board approved the plans, and assured Mr. and Mrs. Maille that a deoision would be made along with other matters to be decided following the public hearing. The Board. RESOLVED. Application #281, Marion Maille, granted. Board of the opinion such variance will hot be injurious to the neighborhood. Mr. Fitzgerald established proof of pUblication for appli- cation for Speoial Use Permit #39, of 123 GLEN ST. REALTY COMPANY FOR A FREIGHT TERMINAL ON THE PROPERTY SITUATED AT -.---- BIG BOOM ROAD. Robert A. Rabe appeared in behalf of the appli- oation and discussion followed. The plans presented show a building of masonry and metal 72 x 80' for storage and trucking, the business to be run under Dewey's Van Service. Mr. Fitzgerald /'1 ",,-_./ read the seotion on Speoial Permits to olarify the situation. Mrs. Paul Ratohford, appearing for Mrs. Marjorie Baxter, stated that Mrs. Baxter, whose property is opposite that on whioh the building is proposed to be built, objeots to this oonstruotion as limiting her in the eventual sale of her own property. Mr. Fitzgerald explained that the property is zoned M-l on the side where the building is proposed, and they do not have to have a deoision before this Board. Property owned by Mrs. Baxter on the opposite side, is residential. After disoussion, he stated that a decision would be made following the public hearing. The Board: RESOLVED. Applioation for Speoial Use Permit #39, 123 Glen Street Realty Company, granted. Board is of the opinion that suoh use will not be prejudicial to the oharacter of the area, and that adequate faoilities and safeguards will be provided. On motion the meeting adjourned. þ~ r' \ '-'