Loading...
1973-10-17 ~~3 MINUTES of the public hearing of the Zoning Board of Appeals Town of Queensbury, held on October 17, 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 a motion by Mr. Sicard, seconded by Mr. Sander spree the minutes of the September meeting and the special meeting on October 2, 1973 were approved as read. There was no old business. In the matter of new business, Chairman Fitzgerald established proof of publication for application for variance #325, STAR MOTEL (SCHWARTZ) TO PLACE A SWIMMING POOL IN THE FRONT YARD IN LIEU OF THE REQUIRED REAR YARD ON THE PROPERTY SITUATED AT LAKE GEORGE ROAD, TOWN OF QUEENSBURY, ZONED C-3. Appearing on behalf of the application were Abe Schwartz andGuy Romer, attorney. Mr. Romer advised the Board that they were applying for the variance under section 4.204 which makes no provision for commercial dwellings. He submitted pictures for the Board to study showing pools on Route 9 which are in front of the buildings and the proposed location for the pool in question. He said without a pool, Mr. Schwartz could not compete with other motels in the area. When Mr. Sicard mentioned that the other pools were installed before zoning, Mr. Romer agreed. There were no other appearances or questions from the Board. The Town Planning Board disapproved with the comments: As to Town Planning, planning of pool should be in the rear of the property. Upon motion duly made by Mr. Kurosaka, seconded by Mr. Sanderspree, 2~+ and carried unanimously, it was RESOLVED: application for variance #325, Star Motel should be approved based on the findings that this would be the reasonable use of the land. Mr. Fitzgerald established proof of publication for application for variance #326, Evelyn Benack TO PLACE A DANCE STUDIO IN A CONVER- TED GARAGE ON THE PROPERTY SITUATED AT 19 GLENWOOD AVENUE, TOWl~ OF QUEENSBURY. Appearing on behalf of the application was Mrs. Benack who told the Board that her daughter started teaching in the studio only 2 weeks previously. The Town Planning Board approved for one year period for realistic evaluation and the Warren County Planning Board approved subject to Public Hearing results. Appearing in opposition to the request were Fred Bascom, Windsor Drive; Florence Vogeler, G1enwood Avenue; Mrs. Fred Bascom; Beatrice Clevinger, 20 Windsor Drive; James Lawrence, 25 Windsor Drive and Joyce Thompson, 12 Garrison Road. Appearing on behalf were Frank Delsignore, 10 G1enwood Avenue; William Donohue, 11 G1enwood Avenue; Mrs. Joseph Sondrini, G1enwood Avenue, and Mrs. Jordan. Mr. David Baird asked questions regarding home occupation. After listening to the pros and cons from the above people, upon motion duly made by Richard Sanderspree, seconded by George Kurosaka and carried unanimously, the Board: RESOLVED: application for variance #326, Evelyn Benack be disapproved on the following findings: 1. That applicant was granted permission to conduct a dancing studio in a remodeled garage in an R-4 Zone on November 15, 1972, for a one year period in order for the Board to evaluate the noise, parking and other aspects of such use. J~5 2. That applicant did not avail himself of such permission until less than one month ago. 3. That complaints were registered at the public hearing of traffic problems due to such use of the premises. 4. That exterior construction of said building and parking facilities has not been improved since original application. Proof of publication was then established by Mr. Fitzgerald for application for variance #327, TOWNE MARINE, INC. FOR BOAT SALES AND REPAIR SERVICE ON THE PROPERTY SITUATED AT 692 UPPER GLEN STREET, TOWN OF QUEENSBURY. Appearing on behalf of the application was Bruce Merges, President, Towne Marine, Inc. who answered the Board's questions. When Mr. Fitzgerald asked about the number of boats on the property at anyone time, Mr. Merges did not answer but showed the plot plan to the Board. Clifford Witham appeared in favor. There were no other appearances. The Town Planning Board approved subject to the stipulation that no vehicles be displayed in front (Forward) as to the front setback of adjacent building to the south. Warren County Planning Board concurred with the Town Board. Upon motion duly made by Mr. Sicard, seconded by Mr. Fitzgerald and carried unanimously, the Board: RESOLVED: application for variance #327, Towne Marine, Inc. be approved and further resolved: that this Board is of the opinion that the granting of such variance is in concurrence with both the Queensbury Planning Board and the Warren County Planning Board; also subject to approval of the Queensbury Committee on Community Beautification, (including stipulations of the two planning boards.) Chairman Fitzgerald established proof of publication for appli- cation for variance #328, WEST MOUNTAIN SALES, INC. TO ENLARGE A NON- CONFORMING USE FROM 13,200 SQUARE FEET TO 17,250 SQUARE FEET ON THE PROPERTY SITUATED AT CORINTH ROAD, RD #2, TOt~ OF QUEENSBURY. Claude Brandt, appearing on behalf of the application told the Board that he wanted to replace an existing wooden storage shed with J;;(P an 80 x 80 shop. New building to have concrete floor and sides, metal roof, and wooden gable ends. Chairman Fitzgerald noted that all of these buildings were in use in 1967 when the Zoning Ordinance went into effect. Mr. Brandt said, "No, it was used to retail, saw, and plane lumber. " In 1969, they cleaned up the property and started to sell Ford tractors and equip- ment. When Mr. Sicard asked if this would be an expansion, Mr. Brandt advised that they would tear down and replace with a larger, more substantial building. Mr. Fitzgerald referred to the section per- taining to the enlargement of 50% of a non-conforming use. The Town Planning Board approved with no comment; Warren County approved concurring with the Queensbury Board. Upon motion duly made by Mr. Kurosaka, seconded by Mr. Fitzgerald and carried unanimously, the Board: RESOLVED: application for variance #328, West Mountain Sales, Inc. be approved. Be it further resolved that the Board finds that the granting of this variance is for the reasonable use of the land. In the final matter of business, Chairman Fitzgerald established proof of publication for application for Special Use Permit No. 46 CLIFFORD B. WITHAM, JR. TO CONTINUE MARINA AND REAL ESTATE OFFICE ON THE PROPERTY SITUATED AT LAKE SHORE DRIVE, TOWN OF QUEENSBURY. As in all hearings on special use permits, complete testimony is tape recorded and is on record in the Town Building. Mr. Witham appeared on his own behalf and answered questions from the Board and the following people who appeared against the application: Henry Parry, C1everda1e; Joan Robertson; Mrs. Parry; Elliot Lawton, C1everda1e; Jane Mead, Warner Bay; William Sherman, Warner Bay; Harold Smith, Warner Bay. The Town Planning Board approved with the comment that it ~d1 recommend approval to Zoning Board to investigate as to authority of the A.P.A; recommend approval subject to prior committments. Warren County Planning Board disapproved commenting that conditions are no different than they were a year ago. Upon motion duly made by Mr. Fitzgerald, seconded by Mr. Kurosaka, and the Board voting 4 - 1 (for: Mr. Hutton, Mr. Sicard, Mr. Kurosaka, Mr. Fitzgerald; against: Mr. Sanderspree) the Board: RESOLVED: application for special use #46, Clifford B. Witham, Jr. be approved. Be it further resolved: 1. This Board finds that Special Use #32 was granted November 15, 1972 for a one year period to conduct a marina limited to existing dockage and existing building on the site. 2. That it is not clear from the record that the plantings and other requirements dated January 16, 1973 of the Queensbury Committee for Community Beautification have been fully complied with. 3. That the application for Special Use #46 has been limited to the use of the land on the North side of Route 91 by stipulation of the applicant. 4. That since application for Special Use #32 was granted, that the Adirondack Park Authority may have jurisdiction over the use of the premises. 5. That the use is one specifically enumerated in the district. 6. That such use will not be prejudicial to the character of the area. 7. That the Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public highways, so as to insure public safety and to avoid traffic congestion. 8. That there are full adequate parking areas and off-street loading spaces, in conformity with the requirements of the zoning ordinance of the Town of Queensbury and all other related ordinances. 9. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. ~~8 BE it Resolved that application for Special Use #46 be approved, to conduct a marina limited to existing dockage and existing Real Estate office on the site, but limited to the property owned by the applicant on the north side of Route 9L and provided that any necessary approval of the Adirondack Park Authority be obtained and that confirmationfrom the Queensbury Committee for Community Beautification be obtained that their requirements dated January 16, 1973, have been fully complied with. There being no further business to come before the meeting, upon motion duly made by Mr. Sicard, seconded by Mr. Sanderspree, the meeting was adjourned.