1974-09-18
J.13
The official meeting of the QUEENSBURY ZONING BOARD OF APPEALS held September 18, 1974.
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There were present: Jack Fitzgerald, Chairman
Charles Hutton
Charles Sicard
George Kurosaka
Dick Sanderspree
being members of the board.
The meeting was opened at 7: 33 P.M. and the minutes of the last meeting were approved
on a rrotion by Charles;.Sicard seoonded by Dick Sanderspree.
OW BUSINESS - None
NEW BUSINESS
Variance #371, Saturno J. D' Alfonsi - to convert 3 cabins into a dwelling on a lot
that has a dwelling and four cabins on the property situated on Route 9L east side of
Lake George.
Mr. D'Alfonsi appeared on his behalf and stated that he would like to connect three
small cabins on his property on Route 9L near the shore of Lake George into one dwelling
and thus have two, rather than five dwellings on the lot.
Mr. Fitzgerald read a letter fran a Dr. Blake, who is a neighbor, in opposition to
this variance.
Mr. Fitzgerald - "You are not using or renting any other buildings on this pro-
perty? "
Mr. D' Alfonsi - "No."
Mr. Fitzgerald -, "You want to rent one or two horœs on this lot and this would be
ccmœrcial. You previously stated you would use this property strictly for residential
purposes arrl rot cxmnercial. If this is the case, we would revoke our original stipu-
lation. The decision of this board, made previously, was that this was based on what
we have here. You might want to discuss this with your lawyer, but this was to be used
strictly for residential use only. We divided this lot up as two parcels for this reason.
'.......It was taken into consideration and representation made." (Mr. Fitzgerald then asked for
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the minutes of the neeting held March 21, 1974 to review)
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Mr. Fitzgerald read aloud the minutes of the March 21, 1974 zoning Board meeting.
Mr. Kurosaka (speaking to Mr. D' Alfonsi) "If you want to put these three cabins
together and make one residential for your family, we would not object. If you rent,
we will object."
Mr. D' Alãmsi asked if he could rent any house on his property and Mr. Fitzgerald
stated that he could rot. Mr. Fitzgerald went on to say that the J:x>ard had given Mr.
D' Alfonsi a.,lot of leeway in allowing him to divide this up into two residential pro-
perties.
Mr. Hutton (speaking to Mr. D' Alfonsi) "Am I correct in assuming that you want to
add on to these three cabins arrl make it one."
Mr. D'Alfonsi - "No, the Adirondack Park Agency said that it had to be 900' to be
a sunmer heme."
The QueensbuJ:y Planning Board approved with the stipulation that ro rrore than one
dwelling of the two will be year round. The Board felt that this would :i.nprove existing
conditions.
The County Planning Board approved.
Mr. Brown who bought the northerly parcel of this larrl appeared. He said it was
verbally stated that Mr. D'Alfonsi would get out of the cabin business within a period
of three years. He also stated that if Mr. D'Alfonsi rem::wes the cabins, there would
be no problem and it would be an :i.nprovarent arrl would be trading four buildings to one.
No objection.
This variance was held for executive session.
Variance #372 - Queensbury Racquet Chili, Inc. - to place a 4' x 8' free-standing
sign less than the required setback on the property situated on Glenwood Avenue
Stephen Lapham appeared on behalf of this application. George Kurosaka and Charles
Hutton both disqualified themselves.
Mr. Lapham stated that the building is blocked on one side by the SUllivan property
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and by the Book Store on the other arrl carmot be seen from either direction until you are
right on it. There were no appearances for or against.
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Mr. Sicard made a m:>tion that Variance #372 be approved in accordance with both
Üanning boards providing the sign be turned off at 12: 00 midnight.
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This m:>tion was secoooed by Dick Sanderspree. Unanim:>us.
Variance #373, Thœ1a.s Sprague - to conduct a cocktail lounge in an M-l Zone on the
property situated at south side of Quaker Road approximately 300 feet each of the
intersection of Quaker and Ridge Roads.
George Kurosaka disqualified himself on this application.
Gary Aerhart, who is the proposed operator appeared on his behalf.
Mr. Fitzgerald stated he was confused on this application saying this was granted
one year ago and Mr. Liapes said that since they did not apply for a building pennit
within six m:>nths, they have to reapply. Mr. Liapes also stated that there was no
question on the ~rking before, the question was on the cocktail lounge and rest-
aurant.
Mr. Aerhart said he proposed to use the bottcm floor for a cocktail lounge and
he is leasing the entire building fran Mr. Knoblock. In the future he is thi1'Iking about
putting a restaurant on the second floor having two exits.
Attorney Wayne Judge, representing Albany Engineered Systems on Quaker Rood
outlined his client's opposition to the proposal fran Thomas Sprague saying that Mr.
Sprague had not shown sufficient hardship in the case to win him a variance under the
town zoning ordinance.
Mr. Judge also nentioned that a restaurant-cocktail lounge in that area of Queens-
bury, presently zoned light-industrial, seems contrary to sate of the proposals included
in the M..1rphy and Kren zoning master plan for Queensbury.
Mr. Fitzgerald objected to Mr. Judge's rerrarks about the Murphy and Kren report
because the report is still a proposal and not "a concrete thing."
Mr. Newcanb from Albany Engineered Systems was also present.
Mr. Judge objected to the many piles of dirt on this property that makes it look a
~ mess and Mr. Aerhart said he planned to excavate to make a parking lot in the back and
would consult the Queensbury Beautification Ccmni.ttee.
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Mr. Robert Kelley of 340 Ridge Road opposed this application. He said, "It seems
'......... JU can't make up your mind about this property." He referr~ to previous cases where
variances in the established zoning law have been granted.
Mr. Fitzgerald - "May I explain that we are interpreting the ordinance as it nCM
stands·. Changes have been going to be made in the zoning laws since 1972 but have not
been ,changed yet. As of now, we can only grant variances within the zoning ordinance
as it stands tOOay."
Mr. Thomas Forman, 348 Ridge Road also appeared on opposition asking if there
~uld be an exit on Ridge Road fran this property and Mr. Aerhart stated there ~uld
not.
Mr. Sanderspree - (speaking to Mr. Newcanb of Albany Engineered Systems) "HCM
~uld this affect your business?"
Mr. Newcanb - "Vandalism is our main ooncern if we were to have a cocktail lounge
right next door."
Mr. Sicard - (To r1r .Aerhart) "Are you going to do scrœthing to the outside of the
barn?"
Mr. Aerhart - "We want to keep this rustic looking. There will be doors installed,
rem:>Val of the dirt from the outside to make a parking lot and the sewage system has
to be approved. It
'Ihis application was held for the executive session.
Variance #374, Jarœs Robinson - to operate an antique shop from his horæ on the
property situated on Upper Sherman AVenue.
Mr. Arthur Greenberg, Attorney represented Mr. Robinson. Mr. Greenberg stated
that this shop ~uld be in the basement of Mr. Robinson's hoIœ and that no great volurœ
of business ~uld be done. The property is located in an R-3 district which is re-
sidential. Both Town and County Planning Board approved.
Virginia Sleight opposed this application stating that this area is residentially
-- owned for developers of M:>untain View and there were certain covenants.
Mr. Anthony Martin, a neighbor, said he had no objection whatsoever and added that
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there were other hares right around this area that were filled with junk cars, etc.
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Mrs. Anthony Martin said she could see no reason why a J11aIl cannot conduct a hobby
in his own baserrent and had no objection.
This was also held for executive session.
The board adjourned for executive session and the following brought back to the
people.
Variance #371, Saturno D'Alfonsi - Mr. Sicard made a notion that this Variance be
granted to OCIIIbine cottages as per su1:mi tted plan arrl to remJVe the fourth cottage as
represented to the Planning Board. In keeping with the Board's prior decision that no
oomnercial or rental use of any portion of the property be permi. tted beyond the three
year limitation. This was seconded by Dick Sanderspree. Una.rri.rcous.
Variance #373, Thanas Sprague - This has to be referred to the Town Attomey and
on his report and decision, the board will take further action.
Variance #374, James Robinson - Jack Fitzgerald made a rrotion that the board
approve this Variance but that the Zoning Board of Appeals takes no position as to
whether this is in violation of the deed covenants.
The meeting was adjourned at 10: 15 P.M.
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~ Secretary
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