1974-07-17
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The Official Meeting of the QUEENSBURY ZONING BOARD OF APPEALS held July 17, 1974
was called to order at 7:35 by Jack Fitzgerald, Chai:rman.
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There were present:
Charles Sicard
Jack Fitzgerald
Dick Sanderspree
being rœmbers of the board.
On a nction by Charles Sicard, seconded by Dick Sanderspree, the minutes of the
June 19th rreeting were approved as read. The minutes of the June 26th rreet.i.n;J were
not approved as they had to be signed by SOIæOne who was present at that rœeting.
OLD BUSINESS - None
Variance #362 - P & C Food Markets, Inc. - to place a 50 sq. feet sign on an
existing pylon containing a non-conforming sign on the property situated at Zayre
Shopping Center, Route 9.
Bill Bacas, attorney was not able to attend so David Croden represented P & C.
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The application is to attach a sign to an existing plylon, the grounds being hard-
ship. It is hard to see the sign going north or south.
Mr. Fitzgerald - "Is this a lighted sign?"
Mr. Croden - "It will be lighted until 12: 00 P.M."
There were no appearances for or against this application.
Both the Town and County Planning Boards approved without comœnt.
A Þbtion was made by Charles Sicard that this variance be approved because it is
in accordance with-both planning boards, and that the sign not be lit after 12: 00 P.M.
This was seconded by Dick Sanderspree. tJnani.:m:>us.
Variance #363 - Stanley Juckett - to place areal estate and insurance office in
a dwelling with a 2 ft. by 2 ft. identification sign in an R-3 zone on the property
situated at 369 Ridge R:>ad.
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Mr. Juckett appeared on his behalf. Mr. Juckett explained that this is the house
(' directly north of Conklin Plumbing & Heating and that the identification sign would be
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for parking purposes. He also explained that this parking would be just for the
business ,with no ncre than three cars there at a t.ine.
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Mr. John Lemery spoke on behalf of Mrs. D:>rothy Chartier, a neighbor. He asked
that the board consider a few points being: that parking be restructed to the south,
that the lot adjacent to the real estate office not be used for any comnercial pur-
poses whatsoever, asked that there be no turn aroúnd area, be restricted to four
cars, that no signs be lit into the evening hours, and that the business be restricted
just to Mr. Juckett as it is zoned residential.
Mr. Juckett said he had no objections to the proposal. He also said he had talk-
ed with two people directly across the road and they had no objections.
Mr. Sicard - "What is the size of the parking lot?"
Mr. Juckett - 1125 to 30'"
Herbert Kane of 1 MeadCM Lane said he was curious about the notice that he re-
cei ved in the mail. He said this area is considered residential and he didn't want
to see it becaæ c:x::mœrcial.
Mr. Juckett said that the 2 x 2' sign is to be put into the window of the house.
Both Town and Co'W'lty Plarming Boards approved.
A notion was made by Charles Si~ that this variance be approved with the
follCMing restrictions:
1 - Parking on the south side be restricted to~ cars only. The size of the
parking lot is not to exceed 25 x 35' .
2 - The lot adjacent on the north side shall not be used for any cormercial
purposes.
3 - The sign on the interio of the building shall not be lighted.
4 - The variance shall be for the duration of Mr. Juckett's business only.
5 - Will be in effect for one year when Mr. Juckett will have to CXJ!œ back to
the board for approval.
This notion was seconded by Jack Fitzgerald - Unan:im:>us.
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Variance #364 - Norman Radin - to place fuel oil storage tanks less than the
required setback in an M-2 zone on the property situated at Brayton Avenue and
Warren Street. A non-confonning lot in an M-2 zone.
Mr. Wayne Judge, attorney appeared on behalf of Mr. Radin. The variance
request is needed for the location, since the lot size precludes the possibility
of meeting both front and back setbacks, as well as side setback requirerœnts.
Mr. Judge - "This is a classic case of an instance when a zoning variance
should be granted, since the physical make-up of the land necessitates the grant-
ing of the variance."
Mr. Judge also indicated that since the land is of an "odd shape" with the
needed setback requiranents "the owner is being deprived of a reasonable use of
his land."
Mr. Judge - "The zoning law allows the location of fuel storage tanks as long
',-- as they are constructed in a manner which goes along with local and state law.
We would plan to include these requirerœnts in the set-up."
Mr. Judge also pointed out that the tanks would be above ground, but "diked"
to provide a space for the fuel to go, if they should leak. A chain fence would
also be set up around the location.
Mr. Donald McDonald, of McDonald Fuel Oil Carpany is the one who would be
placing the tanks on the property belonging to Mr. Radin.
Mr. Fitzgerald (To Mr. McDonald) Do you have a bulk. plant sanewhere else?"
Mr. McDonald - "Fort Edward, but I need storage roan in Glens Falls."
Mr. Daniel Olsen, Queensbu:r:y Councilman. and property owner of 24 Warren Street
appeared with a petition signed by over 50 persons, 26 of whan live in the area
near the proposed location. He said that the people are afraid of these storage
tanks being in the area.
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Mr. Sanderspree (To Mr. Olsen) "How many storage tanks do you have?"
Mr. Olsen - "4, buried in the ground. I had to cover my tanks with about 3'
of dirt."
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Douglas Lan'pier, who lives at the comer of Green and Brayton Avenues was
in objection.
Hazel Lerœry - Who lives on Green Street was very much in objection. Mrs.
Laœry - "I have seen many accidents in this spot. If a car hits these tanks, what
happens to us?"
Mr. McDonald (Answering Mrs. Lerœry) "Oil as it is stored, is not positive-
ly combustible."
Mr. McDonald said his experience with stored oil is that ":it is safe."
Mr. Radin told the board - "I've had fuel storage tanks near my office,
about eight feet away, for a1mJst 40 years."
Mrs. Lerœry went on to say that she wouldn't ever be able to sell her pro-
perty if these tanks were put, in because they are an eye sore.
Mr. Fitzgerald told Mrs. Lemery that this is zoned for cœmercial use.
.,,- Mr. Lemery (wife of the above) was also in objection.
Theresa DeLisle who lives across the road frcm Lampiers was also in ob-
jection.
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Jeanette Rivers - 30 Brayton Avenue - In Objection.
Gary St. John - who lives across fran Jeff's Grill was in objection.
The Warren County Planning Board disapproved, Town Planning Board approved, as they
thought it to be a reasonable use of the land.
Variance #365 - Krebs Inperial Furniture, Inc. - to place an addition to an
existing furniture store with a 26 ft. front setback and a 7 ft. side setback and to
erect a double sided sign at left side of building on the p!:Oper'ty situated between
Warren Street and the Boulevard. - No one appeared.
Special Permit #51, Heldeberg Bluestone and Marble, Inc. - to place a building
supply in an M-l zone on the property situated on County Line Road. Mr
Mr. Paul Giebi tz, President appeared on behalf of Heldeberg. Mr. Giebi tz said
his a::npany would like to operate a retail stone yard and fabricating plant on County
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Line Road near the Warren County Airport. He said the canpany will not extract stone
from the ground, but will operate a stone mill, at which stones will be cut for var-
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ious purposes in decorating. The work will entail cutting large slabs of stone to
srraller shaped i tans .
The plant, located on a 19.3 acre plot of land, will be housed in an existing
barn which will be refurbished and slightly expanded. He also said there would be 10
persons working at the plant.
Mr. Giebitz also said they have a plant in Center Rutland.
Mr. Sicard - "Do you operate your own trucks?"
Mr. Giebitz - "Yes."
Mr. Joseph Broderick who lives just north of the proposed area was concerned
with the ærount of heavy truck traffic, polution, noise and dust. He also said he
thought this was zoned as light industrial.
Mr. Gietitz - "The building is 100' back fran the road. You would not be
'- able to hear the SëM fran the blade."
Mr. Stanley Remkowi tz, who lives across the lot objected to heavy trucks,
noise and polution.
Mr. Giebi tz - "I do not plan on nore than one truckload a day, and I am
going to put up a split rail fence."
John Gorham who lives 500' south was also in objection.
Charles Nassivera, who lives on County Line Road was in objection only because
this seems to stretch the light industry to the limi. ts .
The Warren County Planning Board approved with the following stipulations:
1 - Clearance fran the Depart:tœnt of Health.
2 - Carefull disposition of waste products.
The board. went into private session to discuss Variance #364 and Special Pennit #5l.
Jack Fitzgerald - "On Variance #364 - Mr. Nonnan Radin, we are going to
be forced to hold this over until our next meeting because of legal reasons. The
Warren County Board.....approved and we would need a majority plus one vote to carry
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a vote against the county group. This will have to' be held over until the August
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Ne.ltJeJ,el'j
Dick Sanderspree made a rrotion that Special Pennit #51 by lIede~ Blue-
stone and Marble Co., Inc. be granted in accordance with conditions imposed by both
Planning Board.
The Board Finds:
1. The use is one specifically enurærated in the district.
2. Such use will not be prejudicial to the character 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 confonni ty with the proposed parking requiretœnts of
the zoning ordiance of the Town of Queensbury and all other re-
lated ordinances.
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5. That suitable planting or screen will be required and set forth by
the Queensbury Beautification Carmittee.
This rrotion was sea:mded by Jack Fitzgerald. Una.niIIDus .
The meeting was adjourned at 10:15 P.M.
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