1976-03-17
(P3
MINUTES of the public hearing of the Zoning Board of
Appeals held March 17, 1976 at 7:30 P.M.
There were present:
Jack Fitzgerald (Chai:r:man)
Sjoerdje Richardson
Charles Sicard
George Kurosaka
Ted Turner
being the rrembers of the Board. The :ræeting was called to
order by Mr. Fitzgerald and on a rrotion by Charles Sicard,
seconded by Sjoerdje Richardson, the minutes of the February
meeting were approved as read.
OID BUSINESS:
NEW BUSINESS:
Variance #432 - E. Jarœs Barrett, Corner Dix Avenue and
County Line Road, R-4 Zone.
Mr. Barrett was present and stated he would like to in-
stall gasoline purrp isle and possible one sign saying "Mobil."
There were no appearances for or against.
The Town of Queensbury Planning Board approved with the
following comænts:
Board reCOI11œI1ded approval of this variance. The sign
would confonn to the gas station in a com:œrcial zone.
On a rrotion by Charles Sicard seconded by Ted Turner,
Variance #432 - E. Jarœs Barrett, be approved in accordance
wi th two planning boards.
1 - No - IUA S IZ'C~fil4~ 'Sø~ ~. ~~~,.á
4 - Yes - ø~ . ·
Variance #433 - John Coolen and Donald Rice, Dixon and
Aviation Roads, C-l Zone.
Both Mr. Rice and Mr. Coolen were present along with
their attorney, John W. McCauley, Esq.
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Mr. McCauley stated his clients would like to erect a sign
for the Clipper Ship Restaurant on Aviation Road. The setback
of the sign was what was in question.
They w:::>uld like the sign to be 8' from the road. The
Town Planning Board approved but objected to the setback.
There were no appearances for or against.
A rrotion was nade by Sjoerdje Richardson that Variance #433
be approved as read with the exception that the setback be 12'
instead of 8'. This rrotion was seconded by Charles Sicard.
Unanirrous .
Variance #434 - Robert Lee Carter, Upper Shennan Avenue, C-l
Zone.
Both Mr. and Mrs. Carter were present. Mr. Carter stated
he would like to start a D.f!M business of painting cars on his
own land on Upper Shennan Avenue. It would be making a burnt
house into a garage. He stated he did not want a sign but the
State of New York requires that he have a 4' x 8" sign on the
face of the building.
A letter was read from Charles Atwell objecting to this
application.
A telephone call was received from Ron St. Germaine object-
ing to this would lives approximately 1000' fran this garage.
Mr. Carter said he could only have four cars to work on
at one time. Two would be outside and two inside, with no work
after 9: 00 P.M.
The following were against this application:
Mr. Anthony LaCassio, Shennan Acres - In objection because
he thought this would start other COlTIærcial businesses.
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Scott Shebby, Michaels Drive against because it is zoned
residential.
George Thonpson, Shennan Acres, against because it is zoned
residential.
Bob Ebert, Shennan Acres, against because it is zoned
residential.
The Town of Queensbury Planning Board approved with the
following comænts:
The Board recontœnded approval with the following stipula-
tions:
1) Nonore than two unlicensed vehicles be stored outside
of building.
2) No enployees.
3) No work after 9: 00 P.M.
A rrotion was made by Charles Sicard that Variance #434
Robert Carter be approved subject to the stipulations by the
Town Planning Board and that the building has to be corcpleted
and occupied for a one year penni t and this could not be trans-
ferred to another person. This was seconded by Jack Fitzgerald.
Unanirrous .
Variance #435 - Anthony J. Jones, Boulevard and Lower
Warren Street, C-l Zone.
Mr. Jones was present. This application is to permit the
re-opening of the gasoline service station at the corner of Bou-
levard and lower Warren Street in the Town of Queensbury; the
station is in a C-l zone requiring a variance for operation. It
was operated for many years as non-confoDning but has been closed
for about two years. The service station building is to be re-
rrodeled and refurbished both inside and outside.
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Mr. Jones is leasing this station from Bray Oil Corrpany.
There were no appearances for or against.
Both town and county planning boards approved.
Mr. Sicard asked Mr. Jones about needing a sign. Mr. Jones
stated he would need a price sign. Hours of operation from
5:00 A.M. until 12 or 1 P.M. at night.
A rrotion was made by George Kurosaka that Variance #435
be approved. This rrotion was seconded by Jack Fitzgerald.
Unanirrous .
Special Permit #60 - John Salvador, Jr. and Kathleen
Salvador, Dunham's Bay, Lake George, R-4 Zone.
This application is for the issuance of a special per-
mit for an additional ten docks (already constructed) and
both Mr . Salvador and Attorney John Mannix from Miller and
Mannix were present.
Mr. Mannix ~lained that Mr. Salvador was not seeking
a variance. He further stated that parking has created a
problem with no because of Mr . Salvador but because of people
fishing along his property. Mr . Salvador feels he has ade-
quate parking for his marina custorœrs.
New rules have been set up for the Marina clients stating
that parking at the snack bar is limited to 15 minutes.
Attorney George Marsailes from Albany and a hoIœ owner
at Dunham's Bay was present and in objection to this appli-
cation. He is worried about the increased traffic in Dunham's
Bay. He pointed out to the board that according to the zoning
ordinance, where a person is asking for similar relief, he
cannot apply again wi thin one year, and Mr. Sal vader had al-
ready been before this board in November for a variance and
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Mr. Marsailes sees no difference.
Mr. Fitzgerald said the Town Attorney would have to be con-
tacted regarding this.
The following were present:
Fred Alexy - No Objection.
Alan Strack, who owns a hoIœ on Dunham's Bay was strongly
in objection.
Tan West, resident of Dunhams Bay was in objection and went
over the criteria as set forth in the Town ordinance.
Mr. Vandecarr of the Lake George Association feels that
the boating traffic is sufficient and congested already. Did
not state whether he Was for or against the application.
Mr. Salvadore spoke regarding the 45 Mph speed zone on
his road. He felt that it was not safe and contacted the Dept.
of Transportation in Warrensburg who told him he would have to
take a petition of 50 signatures to Albany in order to have sane-
thing done. Mr . Salvadore said he could not do this since there
is not 50 people within his distance and said apparently the
Dept. of Transportation does not feel it is unsafe. He further
stated he did not appreciate people parking on his lawn espec-
ially when they are not his öustoIrers.
Jim Gallagher, Partner in Dunhams' Bay Boat - No objection.
Don Mathias, who lives across the street and has for alrrost
six years sees no difference in boat traffic from six years ago
until ncM. No objection.
Don Pencil, Forner owner of Dunham's Bay Boat. No objection.
Vern Howard - No objection.
Mrs. West-~lJjects to this application.
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Sally Schener, who lives next door to Dunham's Bay Boat
strongly objected especially to the water pólution and stated
that she has to drink the water.
A letter was received from Sally and George Brooks in opp-
osition to this application.
A rrotion was made by Jack Fitzgerald that the Town Attorney
would have to make a decision of determination in view of the
previous action already taken by the Board in November.
This rrotion was seconded by Charles Sicard. Unanirrous.
Mr. Fitzgerald further stated that a legal interpretation
was necessary because of the 12 rronth period. If the Town
Attorney approves, the board will make its decision on his de-
cision without another public hearing. If this is denied, the
docks will have to be renuved.
The rœeting was adjourned at 9: 40 P.M.