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1973-07-18 :J.c$ MINUTES of the public hearing of the Zoning Board of /-, Appeals held on July 18, 1973 at 7:32 p.m. There were present: John Fitzgerald, Chairman Charles Hutton, Secretary Charles Sicard George Kurosaka Richard Sanderspree being the members of the Board. On a motion by Mr. Sicard, seconded by Mr. Sanderspree, the minutes of the June meeting were approved as read. In the first matter of old business, William H. Taft, #297, there were no appearances. At a later time, Mr. Taft appeared and requested adjournment of any action until the August meeting. The Board: Adjourned until next meeting at request of applicant. Second item of old business, #Ill, SHERATON INN/G. BOYCHUCK, appearing on behalf of the applicant were attorney Earl Matte, a Mr. Levin, Raymond Kees and a representative of the Sheraton Motor chain from North Carolina (name not given for record). Mr. Matte, "....The variance for a motel was granted subject to a conformity with an R-5 district otherwise. ... R-5 district allows a 6 sq. ft. sign. Our application for a variance is for a free-standing sign and a facia sign on the mansard roof or the front part of the canopy. If it /-, -" it proper, I would like to ask for the Board to consider everything at once. I would like to amend our application ~~h to include two directional signs....a free-standing directional 2 ft. by 4 ft, 8 ft. off the ground, location northeasterly corner of Methodist Church property, subject to approval of the church's governing body......Robert Tierney would want their sign (John Burke Apartments) on the same sign...." The aforementioned gentlemen continued testimony (on tape at the Town Office Building) and presented audio-visual evidence (photographs,slides,moving pictures) to substantiate the lack of visibility of conforming signs. Mr. Fitzgerald, "You have requested an amendment.. the Planning boards have questions as to the legality of making amendments without their acting on them. Queensbury Planning Board approved and Warren County Planning Board disapproved as it stood. Your amendment throws an impediment and it has to be considered." Appearing in opposition were: Samuel Patterson, 4 Schoolhouse Road, William Richardson 16 Greenway Drive, and Kenneth Gnade (representing Methodist Church). The Board: RESOLVED: Application No. 3ll (George and Olga Boy- chuck) for oversized free standing sign and oversized facia sign in an R-5 zone on the property off Aviation Road is not granted in view of previous decision that only conforming signs be permitted on the subject property as would be permitted in a C-3 zone. In the final matter of old business, #312, BRUCE WEI- DERSPEIL, there were no appearances and the Board held over to August meeting to allow applicant to appear. ~01 Chairman Fitzgerald established proof of publication for application #314, variance, WINONA WOOD TO CONSTRUCT AN ADDITION LESS THAN REQUIRED SETBACK (FRONT) OF 30 FT, WEST DRIVE, RD 3, TOWN OF QUEENSBURY. Mrs. Wood appeared and said the addition had been con- structed through ignorance of the law. Messrs. Kurosaka and Fitzgerald questioned Mrs. Wood. The Queensbury Planning Board approved with no comments. The Board: RESOLVED: application No. 314, Winona Wood for con- struction of an addition to her house 15 ft. from property line in lieu of required ~ ft. on property situated at RD 3 West Drive is granted. The Board is of the opinion that such variance is in conformity with approval of Queensbury Planning Board. Proof of publication was then established for application for variance #315, LOREN C JOHNSON TO SELL USED CARS IN AN R-4 ZONE ON THE PROPERTY SITUATED AT CORNER OF CARLTON DRIVE AND AVIATION ROAD, TOWN OF QUEENSBURY. Appearing on his own behalf, Mr. Johnson told the Board selling cars was a very necessary part of his business. When Mr. Hutton asked about the date of opening the gas station, Mr. Johnson told him May 1, 1973 and Mr. Hutton commented that he did notice used cars for sale on the lot. Appearing against the application were: Jim Britt, 5 Greenway and representing Basil Burns, 3 Greenway; Mildred Pepin, 8 Carleton Drive, Theresa Pizzuto, 11 Carleton Dr., Merwin Mayne, 5 Carl~on Drive, Mary Bump, 7 June Drive, Clarence Cobb, 16 Carleton Drive, Sam Patterson, 4 School- "¡o8 house Road, William Richardson, 16 Greenway, Robert Leaver, Glenview, Ashton Smith, June Drive, and Lucille Brayton, 7 June Drive. Mr. Patterson noted that he was within the 500 feet and did not receive notification. Appearing on behalf of the application was Herb FGat~&. There were no other appearances. The Warren County and Queensbury Planning J. Boards disapproved. The Board: RESOLVED: application No. 315, Loren C. Johnson for selling used cars in an R-4 Zone on property situated at Corner of Carleton Drive and Aviation Road is not granted. The Board is in agreement with Warren County and Town of Queensbury Planning Boards. Mr. Fitzgerald read proof of publication for application for variance #316, DR. EDWARD FRENCH TO PLACE AN OFFICE AND VETERINARY CLINIC IN AN M-l ZONE ON THE PROPERTY SITUATED AT COUNTY LINE ROAD, TOWN OF QUEENSBURY. Appearing on behalf of the application were Dr. French, attorney George Zurlo and Leon Nassivera. Mr. Zurlo ex- plained to the Board that the area is primarily farming and Dr. Frencþ's office would be a service to the people. Dr. French told the Board that his work was principally "farm" calls for large animals (rather than caring for and boarding i.e. cats and dogs.) Appearing against the request was attorney William Mahoney representing Mrs. Helen Parsons who said Mrs. Parsons was proposing a residential development in the area. Mr. Nassivera said there was approximately 490 ft. between the subject property and Mrs. Parson's land. Mr. Kurosaka noted ;2°1 that it is zoned light industrial. Queensbury and Warren County Planning Boards approved. The Board: RESOLVED: application #316, Dr. Edward B. French to place an office and veterinary clinic in an M-l Zone on property situated at County Line Road is granted; The Board is of the opinion that such variance is a reasonable use of the land and in agreement with Town of Queensbury and Warren County Planning Boards. When Mr. Fitzgerald established proof of publication for application #317 JOE W. GERRITY/COPPER KETTLE TO PLACE A SIGN 65 FEET IN HEIGHT IN LIEU OF THE REQUIRED 45 FT. IN AN M-l ZONE ON THE PROPERTY SITUATED AT BIG BOOM ROAD, AND CORINTH ROAD, TOWN OF QUEENSBURY,Mr. Kurosaka disqualified himself because of interest in the application. Appearing on behalf of the application were H. John Hendley, Joseph Gerrity and Robert Platt. Mr. Hendley explained that there is an existing free standing sign (conforming) but the foliage has hidden it. He submitted photos and pleaded hardship because of the trees. Mr. Sicard asked about the visibility (or lack of) during the rest of the year and Mr. Gerrity said the trees were evergreens. When Mr. Fitzgerald asked about Mr. Gerrity's future plans for selling some of the property, Mr. Gerrity said he would never sell the property between the restaurant and the sign. Mr. Fitzgerald advised that Mr. Gerrity has extreme exposure from the sign on the roof of the restaurant. J c:lIO Queensbury Planning and Warren County Planning Boards '- action was (Q.P.B.) "no comment," and (W.C .P.B.) disapproved. The Board: RESOLVED: application #317 Joseph W. Gerrity Jr. to place a sign 65' in height in lieu of 45' in an M-l zone on the property situated at Big Boom Road is not granted. The Board is of the opinion that sufficient hardship has not been shown and are in agreement with the Warren County Planning Board. Mr. Kurosaka disqualified from voting. Proof of publication was established for application for variance #318, CLAUDE AND LORAINE BRANDT TO PLACE 4 HORSES ON 3 ACRES OF PROPERTY IN LIEU OF THE R~QUIRED 10 ACRES ON THE PROPERTY SITUATED AT WEST MOUNTAIN ROAD, TOWN OF QUEENSBURY. Appearing were Claude and Loraine Brandt who told the Board it was their wish to give their children a learning experience. Mr. Hutton noted receipt of a petition against the request and Mr. Fitzgerald asked about renting commerically. Mr. Brandt said it would be strictly recreational. Appearing against were David Emmo and Bill Andrews and Sandy Baldwin. Queensbury and Warren County Planning Boards approved. The Board: RESOLVED: application #318, Claude and Loraine Brandt to place 4 horses on 3 acres of land in lieu of required 10 acres is not granted. The Board is of the opinion that sufficient reasons have not been given to justify the granting of the variance. When Mr. Fitzgerald established proof of publication for application for Special Use Permit #43, ROBERT SILVER FOR AN AMUSEMENT CENTER AND RECREATION AREA ON THE PROPERTY ~n SITUATED AT ROUTE 91 ZONED C-3, William Bacas,attorney for Mr. Silver, appeared and requested deferment until the next meeting. He extended an invitation to the assemblage to travel to Cape Cod or Long Island (at their expense) like to see the/operation of the proposed amusement center. Frances Mesko read a letter signed by 15 motel owners from the surrounding area and other~appearing in opposition were Mrs. Venton, Bill Andrews, and David Emmo. tJl'rl'J.. The Board held o~e!/the August meeting any decision at request of applicant's attorney. Note: Queensbury Planning Board disapproved the request. In the final matter of new business, Mr. KlJltøªaka',Cacting chairman) established proof of publication for application for special permit #44, JOSEPH ROMEO FOR A GARAGE AND AUTOMOBILE SALES ON THE PROPERTY SITUATED AT QUAKER ROAD, ZONED C-3., TOWN OF QUEENSBURY. Mr. Fitzgerald disqualified himself because of his client's interest in the property. Appearing on behalf of the applicant was Arthur Greenberg, attorney for Mr. Romeo (president of Glen-Ford.) Mr. Green- berg told the Board the question is not zoning but under 5.505 sub division B, a special use permit is required. He said they do not have complete building plans at present but more detailed plans would be submitted at a later date. He said there is 300 feet of frontage extending from Doyle's and a 50 ft. entrance and exit from Bay Road. It would ;lJ~ generally be a new car dealership on a highway wich already has two new car dealerships. Gasoline pump would probably be toWard the rearl of the proposed building (strictly for the use of the facilities - not a filling station.) Mr. Romeo commented about the p~oposed landscaping and said they would like to build a showroom much the same ar~chitecture as Doyle's. There were no other appearances. ............... Queensbury and Warren County Planning Boards approved. The Board: RESOLVED: application for special use #44 by Joseph Romeo (Glen Ford) for erection of garage and gasoline storage tanks and pumps is granted. The Board Finds: 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to t~æcharacter of the area. 3. The Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 4. That there are full adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirements of the zoning ordinance of the Town of Queensbury and all other related ordinances. Note: John Fitzgerald disqualified from voting. There being no further business, upon motion duly made ----., and seconded, the meeting was adjourned. -~ - /, . ~~ t'" ~ Secretary