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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. 1tJL/ -- -2- 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. ~£" -3- 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. ,to ...-4.... 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 to7 '---- -5- 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. ~ð' -6- 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.