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1976-12-15 lIe:? MINl1I'ES OF '!HE PUBLIC HEARING OF THE ZONIN:; BOARD OF APPEALS '- HELD DECEMBER 15, 1976 at 7:30 P.M. There were present: Jack Fitzgerald (Chainnan) Charles Sicard Sjoerdje Richardson George Kurosaka Ted Turner being Jœmbers of the Board. The Ireeting was called to order by Mr. Fitzgerald. On a rrotion by Charles Sicard seconded by George Kurosaka, the minutes of the November 17th rœeting were approved as :read. Since Mary Hunter was hospitalized at the tine of this rœeting, the minutes we:retranscribed from ;tapes. OID BUSINESS: None NEW BUSINESS: Variance #468 - Adelor Potvin - to place an apartIœnt over a gar- '-- age in an R-4 Zone with less than the required living area footage on the prq:Jerty situated at Central and Indiana Avenue. Mr. Potvin was present and stated the apartIœnt would be on the second floor over a garage. Two dwellings on a single lot is the rea- son for the variance. Red Boynton has told Mr. Potvin that he has to have two exits, a sm::>ke detector installed, water sewage and a ceiling installed. He would not be given a Certificate of Occupancy until the above i teros are cœplied with. Red further stated that all new houses ncM require stroke detectors. Town of Queensbury Planning approved this variance. On a rrotion by Charles Sicard, Variance #468 - Adelor Potvin be approved with the stipulation that the variance cease when the tennant no longer lives there. This was seconded by George Kurosaka. Unanim:>us . \-- //3 '-- ...2- Variance #469 - Edward Watt - to place a residence on a zoned lot of record with no frontage on a public street on the property situated off Sunnyside Road North. Mrs. Frank Canpney was present representing her brother-in-law who lives in California who is the owner of this property. Mrs. CaIrpney said they wanted the variance because they have an interested buyer who would like to build a residence on this property. They do not have the required footage but do have access to it. The 'bwn of Queensbury Planning approved. It is a private right of way and the town does not plow. Mr. Barton of 104 Sunnyside, North questioned the legality and does not know what relationship Mrs. Canpney is to Mr. Watts and wanted to know if she could legally ra;¡uest a variance without his authorizat- ion. He also wanted to know the legal status of this hearing would be if one or rrore property owners wi. thin the specified area were not on the mailing list for this public hearing. He said he knew of one person who was not sent a notice and that the notice was not signed by the secretary. Mr. Fitzgerald stated that the notice did not have to be signed. Mr. Barton wanted to go on record as opposed to this variance, since he bought the property for privacy. Right nr:::M it is a private right of way with only two persons using it and maintaining it. Mr. V. Lewis, R.D.#l, Surmyside was against this variance because he said he is enjoying his privacy. This Variance was adjourned until the January rœeting to allow Mrs. CaItpney to get a Cêrtified map of the right of way and a letter fran Mr. Watts giving her authority to represent him along with a copy of the deed which was purchased to use the right of way - what rights they have and do not have. "--- "- 1/'-1 -3- '-..-- Variance #470, Walter Danbek - to place a non-confonning free stand- ing sign on the property situated at the north side of Quaker Road. To place the free standing two-faced sign of 87 square feet at a height of 30 feet on applicant's comœrcial premises located off Quaker Road, wi thin 15 feet of applicant's front property line and on boundary line bebæen the subject premises and lands of Niagara ~hawk Power Corp- oration. Walter Danbek and Attorney Robert Stewart were present. George Kurosaka disqualified himself on this application. A copy of a survey map was presented. This is a cx:mœrcial zone '---- and conforms to all of the size requirerœnts. Mr. Danbeck wants to build a muffler installation place. The existing sign ordinance re- quires that a free standing sign be set back 15 feet from the property line. There is a problem since there is a stip of land owned by Niagara ~hawk. If they were to set back 15 feet fran the boundary line, they 'WOuld be 165 t iran Quaker Road and with a sign 50 square feet, it would have the appearance of a postage stëu:rp. They \'JOuld like to place the free standing sign at the property line rather than an additional 15' back. Have a sign 87 square feet in size on eë:lc1y. face rather than '30 ' JIHý 50 and that they be allowed a height of éð"' rather than 25 I. Mr. Ste- wart said the new zoning ordiance anticipated signs getting larger. Midas Muffler has a stock manufactured sign for 87'. 50' would be too small. ,--. The Town of Queensbury Planning approved of the setback and dis- approved of the size and height of the sign. The Warren County approved the sarœ as the Town of Queensbury. Jack Fitzgerald read a letter fran Robert J. Nolan, owner of pre- mises easterly and adjacent who strongly objects to any sign as being 1/5 -4- detrimental to other property owners on Quaker Road. Mr. Danbek said the sign would have internal lumination and would be turned off when the business what not open. S. Richardson made jl}tion that Variance #470 - Walter Dombeck, be approved as to ~and setback but not as to height. The height will conform to the sign ordinance which is 25' and that the sign will be turned off other than when the business is in operation. This IIDtion was seconded by Charles Sicard. Unanirrous . Variance #471 - Pyramid Conpany of Glens Falls - to relocate a non-confonning sign on the property situated at Aviation Road. To re- '-- locate the existing canbined sign of Aviation Mall and Cinema 1, 2 & 3 from its present location to a point 15 feet southerly of the relocated easterly entrance to Aviation Mall and 15 feet southerly fran the south- erly right-of-way of Aviation Road. The relocation would be in full can- pliance with the setback requirerœnts of the new sign ordinance and does not involve any changes, alterations or enlargerœnts of the existing sign and is necessary to clearly mark and assist the flow of traffic into the new easterly entrance of the mall e<::I1plex. The Town of Queensbxy approved as did the Warren County in cxmcur- ance with the Town Planning board. Robert stewart and Bruce Keenan were present. Mr. Stewart stated the Depart:Iœnt of Transportation said it would be wise to leave the middle entrance which was going to be taken out. He further stated that the Pyramid Conpany was not too happy with this '-- decision but is what the Department of Transportation wants. Town of Queensbury approved and the warren County approved with a letter which Charles Sicard said he thought the County was asking for a review. Red Boynton said they were only asking that the sign be changed and not getting involved with the roadway. JaCk Fi tzger- / J (, '--- -s- aId said they didn't have to change the sign if they are not satisfied wi th the road. Charlies Sicard said he was under the impression that one roadway was going to be closed but ntM it is not going to be. Mr. Robert LaPann opposed the relocation of this sign. He said other entrances would be chaos. Objects to the sign in any location and feels the people should have a right to be heard on the relocat- ion of the sign. George Liapes said you do not have to CCJœ before a board to have road cuts placed. Mr. LaPann said they were talking about relocating an existing road that this board had already approved. Charlie Sicard said the DepartIœnt of Transportation had the final say at that t:ùœ. It never got to the zoning board. The approved of the application for the shopping center was conditional on the approval of the D.O.:r. Mr. Fitzgerald said there is a public hearing only when there is a particular application before the board. The Planning Boards have no public hearing. The Zoning Board requires that on a particular application, it must have a public hearing. Jack Fitzgerald asked if they had a definite determination by the DepartIœnt of Transportation if they are going to keep both of the ent- rances open. It was stated that the D.O.T. has definitely approved. The Zoning Boaxd asked Pyramid Carpany to keep them up to date on the road cuts, etc. Mr. Keenan asked if sorœone from the Zoning Boaxd would like to acconpany them to the DepartIœnt of Transportation to see if they oould have the middle entrance renuved. Charles Sicard made a rrotion that Variance #471 - Pyramid Carpany of Glens Falls be as follows: Would approve the changing of the signs providing that the center exit were eliminated with the sarœ setback. '-- //1 -6- -- This rrotion was seconded by George Kurosaka. Unanirrous . If the Dept. of Transportation agrees to rerrove this center lane, it would be the end of it. If the Dept. of Transportation says "No" they cannot agree to rerroval and would have to reappear before this board again. Special Pennit #61 - Samba's Restaurant, Inc. - C-3 Zone, Aviation Road, Glens Falls, New York - to place a restaurant within a previously approved large scale ccmœrcial develq;xænt on the pro- perty situated at Aviation Road (Aviation Mall) . Mr. Bruce Keenan and Attorney Robert Stewart were present. This restaurant would be placed on a parcel of land lying sou- therly of New Aviation Road between the Northway and Route 9 and at the northeasterly corner of the intersection of Aviation Ibad and the westerly entrance of the Aviation Mall consisting of 31,826.5 square feet, as rrore specifically described in a survey by Caul ter and McConnack dated February 5, 1976. The restaurant would be a free standing building apart from the mall buildings. The rest- aurant would seat 105 people. Mr. Richard Rush fran Philadelphia who does the architectural work for Samba's was present and said there are approx:i.nately 700 restaurants throughout the country already. He stated the question of the sign is not before the board at this tine. It is a ccmœr- cial use within a ccmœrcial zone and the only question is since it is the only building within a large scale development. Mr. Rush gave saœ statistics from 1975 annual reports. This is a family or- ientated restaurant, full waitress service and is not a fast food ser- vice. The first Samba's restaurant was opened in 1957. They do not serve alcoholic beverages. '- Ilg -7- George Kurosaka brought up the fact that the naIœ of the rest- aurant may be objectionable. One Samba's in Scheœctady changed its naIœ to the Jolly Tiger since they rœt with opposition regarding the naIœ . '--- The Queensbury Beautification Ccmni.ttee has already approved the shruberry with a few minor changes. Mrs. Richardson was concerned about the traffic situation. Mr. Stewart stated that if people go out fran the restaurant, they could ei ther turn right or left and there doesn I t seem to be any problem. Mr. John Stenson fran the Glens Falls Chaper NAACP said he was not opposed to the establishIœnt m:>Vi.ng into the area, but to the naræ of the establishIœnt. He said it was coincidental that the naIœ happens to be Samba's. He thinks of the naIœ Samba's as being derog- i tory and opposes the naræ and not the establishIœnt itself. He feels it would create rrore jobs for the area. Mr. stewart said he had talked to representatives in California regarding the naræ and there is sane problems when you change a naræ and adopt a secondary name, you don I t knc:M if you will have problems with that naræ because you could select a naræ saœwha.t familiar. Mr. stewart said he wished he could report success on the naIœ but couldn'ttat this tiIœ. He further stated that the zoning Board does not have an application here tonight for the sign which is where the naIœ would be. '!he Tafm of Queensbury Planrù.ng Board approved this application. The Warren County Planrù.ng disapproved with the following conm- ents: Reccmœnds denial of this Special Pennit for Samba's Restaurant. Special acceptances are granted on basic conditions cited to warrant approval. While the Town of Queensbury did not reci t those conditions nor was sufficient evidence presented to the Board prior to the rœet- ',,-- / / r ....8... '-- ing on Deoember 8, 1976 for analysis, not enough infonnation brought forth at the tine of the rœeting to make sufficient judgment. Denial is based on the following: 1) Storm drainage systems being used are nmning off. Not a single catch basin in the parking area. 2) Storm water run off would go to Aviation Road. If the ground is frozen, rrost water would run into Aviation Road. When the grOWld is not frozen, the water would undoubtedly run into the septic system area. 3) No evidence of the sani ta:ry sewage system by a professional engineer which would be necessary. 4) No analysis of traffic backup. Mr. Rush gave an analysis of how many people would be served in one hour and how many cars, etc. Mr. Robert LaPann was in objection to this Special Pemd.t stating that in 1975, an application was before th±s board, the board opposed it then and would ask the board to oppose it nc:M. He further stated this area was to be seeded and trees planted along Aviation Road and this restaurant would be in place of any landscaping. Does not want to see separate buildings in this area. The narœ constitutes an ethnic slurr . Mr. Stewart said free standing buildings were sketched in the or- iginal drawings. Bruce Keenan said the sewage system would be with a septic tank and seeping pit and would be a new sewage system just for Samba's Bestaurant. He said the Warren County Planning Board had referred to sorœ failure in the present sewage systems at the Mall, but they have been reconstructed. The Depart:Iœnt of Environrœntal Conservation has to approve before they open. The drainage would be taken care of which also has to be approved. Mr. LaPann spoke again about a free standing building. He said that the original concept approved by the zoning Board of Appeals did not include any free standing building. "--' 1,10 -9- Mr. Fitzgerald told Mr. LaPann that the only question that was before the Zoning Board the last ti.rre was the question of additional access into Aviation Road and that the Zoning Board turned down and never took any action as far as the concept of the restaurant itself. No satellite build- ings were ever approved. Jack Fitzgerald made a notion, seconded by Mrs. Richardson that Special Penni t #61 - Samba's Restaurant, Inc., be disapproved on the grounds that there is no particular hardship for the particular needs of this application and dœ.s not feel it is in the best interest of the Town of Queensbury. The vote was 4 yes in favor of the notion and 1 no which t:: re- J6 constituted disapproval. '-- ...