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1973-04-18 y '773 MINUTES of the public hearing of the Zoning Board of Appeals held on April 18, 1973, at 7:35 p.m. There were present: John Fitzgerald, Chairman Charles Hutton, Secretary Charles Sicard George Kurosaka Richard Sanderspree being the members of the board. On two motions, both by Charles Sicard, seconded by Richard Sanderspree, the minutes of the February and March meetings were approved as read. In the matter of old business, Mr. Fitzgerald announced that variance #284 by George I. Nelson had been withdrawn. Mr. Fitzgerald also announced that application for variance #298 by FRED A. BALFOUR TO OPERATE A REAL ESTATE OFFICE IN A R-4 ZONE, PROPERTY SITUATED AT 3 JUNE DRIVE, had also been withdrawn. The following people appeared and reminded the board of a covenant in their deeds for the Hillcrest subdivision: Walter Stamper, Harold W. Lucia, Jack Slopey, Pat Leonard and Jack Kotch. Mr. Fitzgerald advised that anyone can make application for a variance even though there is a restriction in a deed. Mr. Fitzgerald then established proof of publication for application for variance #287 WILLIAM E. THREW TO SELL SWIMMING POOLS IN AN R-3 ZONE ON THE PROPERTY SITUATED AT RD# 3 ~UZERNE ROAD, TOWN OF QUEENSBURY. ¡7f Appearing on behalf of the applicant was attorney George Zurlo who told the Board Mr. Threw already has a swimming pool on the premises and is asking to retail pools from that address. The primary use would be to sell chemicals and other supplies in connection with pools and he would use his pool as a display. Mr. Zurlo stated that this would be a seasonal business (operated about 4 months a year) and that there would be no traffic problem since a great deal of selling will be done off the premises. Mr. Threw would use the garage for the storing of the pool accessories. Mr. and Mrs. Threw have canvassed the surrounding neighbors within Ii miles and there are no objections. Mr. Zurlo submitted a statement to the board signed by 30 people signi~ying that they had no objection to the request. Mr. Threw intends to place a very small sign on the garage simply indicating the location of the business. He submitted pictures for the board to study. Mr. Zurlo told the board if Mr. Threw is successful, he plans to move to a commercial area. There were no other appearances. The Town Planning Board disapproved commenting that it is not in keeping with residential area. The Board: RESOLVED: application for variance #287 William E. Threw is approved for a one year trial period provided that all equipment and supplies are kept inside the structures on the premises. It is of the opinion that this is a reasonable use of the property. Unanimous decision J7J Proof of publication was then established for application for variance #288 ERNEST P. COONEY TO OPERATE AN ANTIQUE SHOP IN AN R- 3 ZONE ON THE PROPERTY SITUATED AT RD# 2 CORINTH ROAD, TOWN OF QUEENSBURY(in his cellar.) Appearing on his own behalf was E. P. Cooney who answered Messrs. Sicard's and Sanderspree's questions saying he was not going to repair anything and that his cellar was not exposed. When Mr. Kurosaka asked about the distance from the road, Mr. Boynton replied that it was 500 feet. There were no other questions or appearances. The Planning Board approved the request. The Board: RESOLVED: application #288, Ernest P. Cooney for an anitque shop in an R-3 zone on the property situated at RD#2 Corinth Road is granted. The Board is of the opinion that such variance is not detrimental to the surrounding neighborhood. The variance is granted as long as the applicant owns and operates the business. Unanimous decision. Mr. Fitzgerald then read proof of publication for application for variance #289 JAMES H. FOGARTY TO PLACE A PRIVATE SWIMMING POOL NINE FEET FROM SIDE, REAR, AND PRINCIPAL BUILDING IN LIEU OF THE REQUIRED TEN FEET AND TWENTY FEET REAR SETBACKS ON THE PROPERTY SITUATED AT 20 CLARK STREET, TOWN OF QUEENSBURY. This would be a 16' x 32' pool surrounded by a 6 ft. wood fence and a 5' steel fence. Appearing on behalf of the application was Mrs. Fogarty who answered the board's questions. Mr. Kurosaka noted that this is one of some small lots in Resevoir Park. Mr. Sicard queried if it was "in-ground" and Mrs. Fogarty replied affirmatively. There were no other appearances. 17' The Town Planning Board approves providing 10 foot setbacks from property lines and 8 ft. setbacks from building. The Board: RESOLVED:application #289, James H. Fogarty for placing a swimming pool with setbacks less than the required on property situated at 20 Clark Street is granted. The Board is of the opinion that such variance is granted in accordance with the recommendations of the Queensbury Planning Board. Unanimous decision. Proof of publication was then established for application for variance #290 MARY E. KING TO SELL RABBITS AND NIGHT CRAWLERS IN AN R-3 ZONE ON THE PROPERTY SITUATED AT WEST MOUNTAIN ROAD, TOWN OF QUEENSBURY. Appearing on her own behalf was Mary King who told the Board the rabbit hutches had been there for many years (15). When Mr. Kurosaka asked if she was going to raise night crawlers, Mrs. King said she would like to try. Presently, she is just picking them up and selling. When Mr. Sicard asked if she had been operating before zoning, Mr. Boynton said, "This is just to prevent any trouble. Mrs. King wanted to be within the law." Mrs. Charlotte Codner appeared in favor of the application. The Town Planning Board approved commenting that this is non-transferrable. The Board: . "'-' RESOLVED: application #290, Mary E. King for selling rabbits and night crawlers in an R-3 zone on the property situated at RD #2 West MountainRoad is granted. The Board is of the opinion that such variance is the reason- able use of the land and is granted in conformity with the Queensbury Planning Board. The variance is non- transferrable. Unanimous decision. 17] Chairman Fitzgerald read proof of publication for application for variance #291 ROBERT R. CLARK TO SELL USED CARS IN AN R-4 ZONE ON THE PROPERTY SITUATED AT CORNER OF VERMONT AND CENTRAL AVENUE, TOWN OF QUEENSBURY. Mr. Clark appeared on his own behalf. Mr. Sicard asked how many cars and Mr. Clark advised there would be a limit of 5. When Mr. Sanderspree asked, "Why 5?", Mr. Clark replied, "1 just figure 5. I pick them off dealers, repair them and then re-sell them. I have been doing this for years before the ordinance." Mr. Sicard, "Have you had more than 5 cars?" Mr. Clark, "A couple of times, yes." Mr. Sicard, "How about junk cars?" Mr. Clark, "No, I repair them and sell them. No body work, just mechanical." Mr. Boynton, "He did have at one time more than 5 cars. I notified him and he moved them." Appearing in opposition was Mr. Murphy, corner of Massachusetts and Central Avenue. There were no other appearances. The Planning Board disapproved commenting it is a residential area. The Board: RESOLVED: application #291, by Robert Clark to sell used cars in an R-4 zone on the property situated at the corner of Vermont and Central Avenue is not granted. The Board is of the opinion that the decision is in conformity with the Queensbury Planning Board. Unanimous decision. /71 Mr. Fitzgerald read proof of publication for application for variance #292 MARSHALL B.· SEELYE TO PLACE A SIGN ON THE FACE OF A BUILDING PROJECTING FIVE FEET IN LIEU OF THE REQUIRED THREE FEET ON THE PROPERTY SITUATED AT QUAKER AND HIGHLAND AVENUE, TOWN OF QUEENSBURY. This would be an internally lighted sign as per sketch by West. There were no appearances on behalf, for or against the application. The Planning Board disapproved. The Board: RESOLVED: application No. 292, Marshall B. Seelye for placing a sign on the face of a building projecting 5 feet in lieu of required 3 feet on property situated at corner of Highland and Quaker Road is not granted. The Board is of the opinion that decision is in conformity with the Warren County and Queensbury Planning Boards. Unanimous decision. Proof of publication was then established for application for variance #293 ANTHONY MARCINKEVICIUS TO PLACE A SWIMMING POOL LESS THAN THE REQUIRED SETBACKS ON THE PROPERTY SITUATED AT 7 SCHOOLHOUSE ROAD, TOWN OF QUEENSBURY. Because there were no appearances for the application, the Board reserved decision until appearance of applicant. Mr. Fitzgerald read proof of publication for application for variance #294 RONALD WILLIAMSON TO ENLARGE A NON-CONFORMING USE ON THE PROPERTY SITUATED AT STAR ROUTE, TOWN OF QUEENSBURY. Appearing on behalf of Mr. Williamson was attorney John C. Lemery who told the board it would not be more than the 50% 171 increase allowed by the ordinance. He said there have been no previous requests for expansion and that a store is needed in that area. Also present was Mr. Williamson. There were no other appearances or questions. The Planning Board approved the request with no comments. The Board: RESOLVED: application #294 Ronald A. Williamson for enlargement of a non-conforming use on property situated at Star Route is granted. The Board is of the opinion that the decision is in conformity ~ the planning boards. Unanimous decision. Proof of publication was established for application for variance #295 CLARENCE DAGGETT/BENNETT PATRICK TO PLACE A FAST FOOD RESTAURANT IN AN R-4 ZONE ON THE PROPERTY SIT- UATED AT 112 MAIN STREET AND RYAN AVENUE. There was no one appearing on behalf of the application. The following neighbors appeared for information and re- served decision (in favor or not) until there was information as to what kind of business was planned: Floyd Gibson, Elmer Cousins, Dorothy Holzhauer, Louise Baltazar, Mary Rosa, Mrs. Clyde Benack and Jimmy Murray. The Board withheld any decision until applicant appears. Chairman read proof of publication for application for variance #296 LESLIE E. FOSS TO PLACE A DETACHED GARAGE LESS THAN THE REQUIRED SETBACKS ON THE PROPERTY SITUATED AT MINNE- SOTA AVENUE, TOWN OF QUEENSBURY. 180 Leslie Foss appeared and explained the plot plan to the --- Board. Messrs. Sicard, Hutton and Kurosaka asked about alternatives. There were no other questions or appearances. The Planning Board approved. The Board: RESOLVED: application #296 Leslie E. Foss to place a detached garage with a 2' setback in lieu of the required 5 ft. setback on the property situated at Minnesota Avenue is not granted. The Board is of the opinion that applicant has not shown hardship in this case. Unanimous decision. In the final matter of business, Mr. Fitzgerald read proof of publication for application for variance #297 WILLIAM H. TAFT TO PLACE A MOTEL IN A C-l ZONE ON THE PROPERTY SITUATED ON ROUTES 9L AND 149, TOWN OF QUEENSBURY. There were no appearances on behalf of the application and the Board held over any decision until applicant appears. There being no further business, on motion duly made and seconded, the meeting was adjourned at 9:30 p.m. ../ ,,~_/ ..-'-- /~ - ·C/5.æ~--(? /' ~ . Secretary ''"'--