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1977-10-19 ¡Sg Official Minutes of the QUEENSBURY ZONING BOARD OF APPEALS held October 19, 1977 at 7:35 P.M. There were present: Jack Fitzgerald, Chairman George Kurosaka Ted Turner Sjoerdge Richardson Charles Sicard Kirkham Cornwell John Silva being members of the Board. Guests: George Liapes Harold Boynton On a motion by Ted Turner, the minutes of the September meeting were approved. This was seconded by Charles Sicard. Carried. OLD BUSINESS: Variance # 512 - Vincient Ruggiero (Paul Cushing Associates) West Side Route 9 C-3 Zone (Warren County Planning Board) Mr. Cushing of Paul Cushing Associates represented Mr. Vincient Ruggiero. This variance was tabled at the September meeting for more information as to the physical characteristics of the building. The Board has since been advised by the Town Attorney that the Board has flÓ concern about the physical char- acteristics of the building or its ingress or egress or any other aspect. The only question that the Board is concerned with is simply did it antedate zoning or not. /5"7 Page 2 Variance #512 Mr. Cushing presented copies of the deeds of transfer from 1$93 to the various parties indicating the same piece of pro- perty. The question before the Board is has this land been sub- divided? Mr. Cushing states that in 'most cases the last para- graph of the description indicates that is the property of the preceeding transfer and goes back to '57, back to 1950, and then back to 1$93. Mr. Cushing, representing the applicant, has represented that this is the identical lot transferred only by exchanging titles. The Board : RESOLVED: THE BOARD FINDS THAT LOT PREDATES THE ZONING ORDINANCE AND IS A PREEXISTING NON-CONFORMING LOT. THE BOARD TAKES NO POSITION AS TO USE OF SAID LOT. THE BUILDING DEPARTMENT AUTHORIZED TO ISSUE BUILDING PERMIT PRO- VIDED OCCUPANCY MEETS REQUIREMENTS FOR THE ZONE. Mr. George Kurosaka disqualified himself on Special Permit #69 and Variance #516. Special Permit #69 - Walter Dombeck Quaker Road C-3 Zone (Warren County Planning Board) Application by Walter Dombeck to create a used car lot. The pãrcel is at the northwest corner of the intersection of Quaker ànd Meadowbrook Roads, 220 feet by 150 feet consisting of about 3/4 of an acre. It is a C-3 Zone and they have a building on the property called Midas Muffler. This is in order to provide Page 3 /~o Special Permit #69 additional storage space for the Midas Muffler Shop and operation of the proposed used car lot. Applicant intends to erect an additional building on the premises approximately 6,000 square feet steel frame construction. The building aspect of this application has been deleted. So the Board Only has to consider a used car lot in a C-3 Zone. C-3 commits as a special permitted use all special uses permitted in a C-2, C-2 includes a used car lot so this be- comes a special permitted use which requires the concurrence of the Town Planning Board. The Queensbury Planning Board recommends approval of this variance. The building described in item #7 of this special use permit application is to be deleted. This application is for a used car lot only. Warren County Planning Board approved. No comment. Attorney Robert Stewart represented Mr. Dombeck in this application. Mr. Stewart states the reason for the application is that Mr. Dombeck has hired some relatively skilled mechanics in connection with the Midas Muffler Shop. They not only do mufflers but they do tune~ups, wheel balancing, and various types of things. The muffler business apparently has been very good aa Mr. Stewart understands and it has its ups and /f:,/ Page 4 Special Permit #69 and there will be times during the day Mr. Dombeck can't keep the men busy. His idea was if he could pick up a few used cars and have them serviced and fixed up by his men during their slack hours and then he could sell them off the lot and keep his men busy on a regular hourly basis. That is the substance of the proposal. Mr. Dombeck just wishes to be able to park approximately a half dozen used cars for sale on this lot. At this point there is no application for a sign and there is not going to be any changes to the physical characterization of the lot. The Board has questioned the number of the cars to be park- ed in the used car lot. The question of this operation being a daytime operation was also brought out by Mr. Sicard. Mr. Stewart stated that at this time he is only asking permission for approximately 12 cars at the maximum to be parked on the used car lot and that this would be a daytime operation. Mr. Cornwell pointed out that if the used car lot was permitted it would generate another sign and that Mr. Dombeck already has one illegal sign on the premises right now. At this time Mr. Cornwell wishes to make a complaint about the sign Mr. Dombeck has hanging from his legal sign saying "radiator Page 5 /¿,.,:< Special Permit #69 hose check and battery check" about 8 square feet hanging from the pedestal now which he does not have a permit for. Mr. Sicard asked if the Beautification Committee was dealt in when the Planning Board reviewed this case and was told it was. The Board: RES OL VED : 1. THE USE IS ONE SPECIFICALLY ENUMERATED IN THE DISTRICT. 2. SUCH USE WILL NOT BE PREJUDICIAL TO THE CHARACTER OF 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 CONFORMITY WITH THE PRO: peSEß PARKING REQUIREMENTS OF THE ZONING ORDINANCE OF THE TOWN OF QUEENSBURY AND ALL THE OTHER RELATED ORDINANCES. 5. THAT SUITABLE PLANTING OR SCREENING HAS BEEN REQUIRED AS FOLLOWS: AS REQUIRED BY QUEENSBURY BEAUTIFICATION COMMITTEE. 6. THAT SUCH USE IS OF THE SAME GENERAL CHARACTER AS, OR WILL NOT BE INJURIQUS TO, THE SURROUNDING NEIGHBORHOOD OR DISTRICT. 7. THE BOARD FURTHER STIPULATED THAT THERE BE NO MORE THAN 12 CARS FOR SALE AT A TIME. Page 6 / ~ ,,] Variance #516 - Pyramid Company of Glens Falls Aviation Mall, Aviation Road (Warren County Planning Board) Variance #516, Pyramid Company of Glens Falls to move an existing oversized sign approximately 25 feet west of the present location on the property situated at Aviation Mall, Aviation Road. Mr. Robert Platt of Signs of Progress appeared on behalf of the Pyramid Company. Mr. Platt stated that the proximity of the Jolly Tiger Restaurant is just too close to the sign and what the Pyramid Company would like to do is to take the sign off its present location and move it about 30 feet over into the center of the mall area between the entrance, exit portions there, the travel portions, is about 5 to 6 feet of grassy strip in there, dirt, that they would like to put the sign in to improve the site appearance of the whole situation. It is not a request for a new sign. It is not a request for anything but moving an existing sign from where it is right now. Mr. Sicard asked Mr. Platt if it was true that the sign was there before the restaurant and they put the restaurant up against the sign knowing that that was a good place for the restaurant. Mr. Platt stated that as he recalled the restaurant and parking lot are situated where they are because of the Page 7 /0'-/ Pyramid Company trying to preserve some of the trees which would have had to be cut down if the restaurant and parking Jot were located elsewhere. Mr. Sicard states that the restaurant still could have gone to the east. Mr. Sicard personally expresses that putting the sign in the mall is a disaster, coming down the hill is certainally going to stop the people eastbound from seeing people coming out of the mall. They come out of the mall on a red light, which they can do because there is no sign there that says they can't, then you have a little problem. ~~. Sicard along with Mrs. Richardson of the Board feels that the sign should be probably over in the area on the other side. We are sure the mall doesn't feel this way about it because we dis- cussed this when they first built the mall and putting the sign in this area and they didn't want to because of people traveling west would see the sign too late to turn--make a left turn into the mall. All of which is not our problem but their problem and Mr. Sicard says is very poor planning, the sign was there before the building went up and the Pyramid Company created the hardship themselves. Mr. Platt does not see the situation as a traffic hazzard as such. There is a distance between where the proposed new location of the sign will be, the difference of the very edge of the sign, the leading edge of the sign toward Aviation Mall of 67 feet down to the stop line. There would be room for three I~S Page g big automobiles, Cadilacs for example, to pull ahead of the sign causing no traffic hazard. Mr. Platt states that as far as moving the sign from its present location to the other side you get what I consider a problem for people coming down the hill from the Northway traveling eastbound, they won't be able to see the sign until they get almost around that corner and won't have the proper time enough to stop and will be putting on the brakes fast cre at ing a potential safety hazard in that way. The Pyramid Company has considered this but they have concluded that the best place for the sign is between the entrance and exit roads. Mr. Platt informed the Board that it would be more expensive for the Pyramid Company to put the sign in the mall because of the electrical situation. In regards to the restaurant being built there close to the road, it is costing the Pyramid Company many of thousands of dollars to move this sign, over $3,000.00, and Mr. Platt doesn't think the Pyramid Company created this present situation intentionally. Mr. Cornwell asked if the sign is primarily to designate an entrance or the Mall as such. If tbe sign was to designate the Mall it would probably be just as well down on the bank facing parallel. Mr. Sicard states that they have a lot of activities that they put on there that is going on in the Mall. The point / &,¿, Page 9 was also brought out that the other Pyramid Mall sign only has the three cinemas on it. Mr. Boynton stated that about a couple weeks ago when he came by the Aviation Mall there were some men who had some plywood on some post tacked up in this green area, this median area, and asked Mr. Platt if they were testing there the visibility. Mr. Platt said he knew nothing about that. Mr. Platt stated that he is not asking to bring the sign forward anymore, it would be in the same setback as it had been. Mr. Cornwell asked Mr. Platt if he was creating a hardship for Sambo's by blocking their sign. Mr. Platt said that he was not creating a hardship for S amb 0 ' s . Mrs. Richardson stated that the original plans when Sambo' s came before the Board was that there would be a cut in the median, there would be a cut, a big sign, it all adds to the hazards. She asked if they are still planning to make the cut into the median. Mr. Platt states that that cut on the median appears in the March revision of the plot plan and the plans are to go ahead with it as planned. Mrs. Richardson states that then she is definitely against putting the sign in the median. Mr. Platt states that he went up and measured this and it is about 117 feet from the edge of the sign back to the Mall, back to Page 10 /fo1 where this curve cut will be. Mrs. Richardson grants the sign should be moved but it should be moved to the westerly side or leave it where it is, the Pyramid Company created their own problem. Mr. Cornwell asked if there are signs connected with the cut. The reply was that there would be no signs relating to this cut. Mr. Platt states that the sign is off the ground about five feet. You can look underneath it and see. Mr. Silva states that he does not feel that the sign belongs in the median. Warren County Planning Board approved, No comment. Queensbury Town Planning Board approved. No comment. '~ Mr. Cornwell asked if this variance was not granted would the Pyramid Company leave the sign where it is. Mr. Platt said it would be up to the Pyramid Company on what steps would be taken next. Mr. Sicard asked Mr. Platt if he actually walked across the median there and into that area and look as close as 5 feet from the driveway back, it seems as though is 150 feet back there before you get to the bank. Mr. Platt states there is, coming down the hill. Mr. Sicard states that coming down the hill won't seem to be the problem but coming from the west would be more of the problem. Mr. Sicard thinks that the sign could still be put Page 11 /rol 5, S, or 10 feet from the ingress and still be seen going east and when they get into that swing off. Mr. Fitzgerald states that he doesn't think the Board is in the position to design the ingress or egress to the shopping center. He says the Board is discussing the proposal to relocate an existing sign in the median. Mr. Sicard asked that in even the Board disapproves this variance the Pyramid Company would have to come back to get permission to put it over on the other side. Mr. Platt asked the Board to assume that this would go to vote this evening and the vote would be denied and the Pyramid Company would just have to leave the sign there or re-apply next "- month. Assuming next month the only alternate the Pyramid Company would have would be to come back here and re-apply to place the sign on the other side of the road which is the only(other spot that is left. Rather than do that would it be possible to ask for per- mission tonight to move it over to the other side of the road and consider it this evening instead of re-applying for another variance or tabling it until next month. Mr. Fitzgerald told Mr. Platt that in the event that Mr. Platt wanted to stipulate to put it in a particular location than he thinks the Board probably could take action tonight. "'--- Page 12 /& c¡ The Board held a discussion off the record. During the interim period there were some questions regarding the hardship in this application and a discussion took place with regard to the feasibility of this move and Mr. Platt, on behalf of the applicant, stipulated that this application be amended to propose the sign to be located on the western boundary of the access road but no closer to Aviation Road than the existing sign. ~æ. Cornwell has made a motion to approve based upon the stipulated facts. Mr. Sicard seconded the motion. Carried. The Board: RESOLVED: THE BOARD GRANTED THIS VARIANCE WITH PROVISION THAT VARIANCE BE AMENDED TO HAVE SIGN J.íIOVED TO WEST OF INGRESS ROAD-WAY WITH S~lE SETBACK FROM AVIATION ROAD. '- Variance #517 - Alsey Pouliotte R-4 Zone Corner of Maine Ave. and Luzerne Road This vcriance is to place a be aut y shop in an existing build- ing in a R-4 Zone with 2 feet by 3 feet sign on the building on the property situated at :the corner of Maine Avenue and Luzerne Road. This is a residential zone. The applicant and his wife own the property, a 100 by 120 foot lot. There are no improve- ments presently contemplated. This is in a residence. Mr. Fitzgerald brought out the question of why this is not considered a home occupation. Mr. Kurosaka stated, that a beauty shop is a home occupation '-- if Mrs. Pouliotte is running it herself and questioned why this matter was even brought up. The sign would be the only reason Page 13 /70 this has been brought before the Board. Mr. Sicard asked if this was just a matter of proceedure. ~~. Fitzgerald reads the definition of a home occupation from the ordinance. Mr. Kurosaka asked if the garage, in which the beauty shop is located, is attached to the house. Mrs. Pouliotte stated that the garage is attached to the house. Mr. Kurosaka stated that the only reason Mr. and ~~s. Pouliotte were in front of the Board is for a 2 by 3 sign. ~~s. Pouliotte stated that as long as she had a sign that said "Beauty Shop" she didn't care about the particular size. Mrs. Richardson asked the applicant if they would settle for a 2 by 1, 2 feet long, 1 foot high? Mrs. Pouliotte stated ~hat wOUld be alright as long as she could get beauty shop on it and maybe the phone number. Mr. Cornwell stated that you can't put another sign in the window of the house saying "Redkin Retail Center." Mr. Fit~gerald stated that he thinks the building inspector, zoning inspector, would feel more comfortable in view of the fact that the Board had an application for an oversized sign and all to clear the application but if we have an understanding that the sign would be sized downward that we could entertain a motion to take action on this application. Page 14 /7/ Mr. Sicard made a motion that this variance be approved. Mrs. Richardson seconded the motion. Carried. The Board: RESOLVED: THE BOARD GRANTED THIS VARIANCE. Meeting was adjourned at 8:45 p.m.