ApplicationI.
FILE NUMBER:
DATE REC'1}�/FEE PAD
`r' F •7 ' _ � �" 7�
TOWN O �-
531 Bay Road, Queensburli, NY 12804
DEPARTMENT OF COMMUNITY DEVELOPMENT
PROJECT APPLICANT:
ADDRESS: 95 Sar
PHONE #: Home: _
PHONE #: Work:
APPLICANT'S AGENT:
ADDRESS:
PHONE #: Home: _
PHONE #: Work:
JE"SELS DONUTS :
PROPERTY OWNER: Mark F. LaPointe
ADDRESS: 22 W. Main St., jueensoury, N.Y. 12804
PHONE #: Home: 798-5932
PHONE #: Work:
DESCRIPTION OF PROJECT: Dunkin Donut Shop
0 DIRECTIONS TO THE PROJECT: Please make as clear as possible,
so Board members & Staff can find your project:
22 W. Main St. aueensbury - Corner of Main and Caroline
SKETCH OR PHOTOCOPY OF
ROAD MAP:
OFFICE USE ONLY
Tax Map No.
Zoning:
Variance: A U S No
Site Plan: _Yes No
Subdiv.: Yes No
CEA: _Y—
es _No
SEQRA: I, II, Unlisted
Warren Co.: _Yes No
APA: Yes No
Wetland_s: Yes No
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II. SITE DEVELOPMENT DATA
Tax Map Number: Section _L3_1___ Block 5 Lot 1. 34, 33
Zone Classification:
Area of Parcel
acres =
22,500
sq.
ft.
Maximum Size Building Allowed
sq.
ft.
Disposition of Parcel:
Existing
Building Area 2 111
sq.
ft.
10
%
of
parcel
Paved Area 2,;1
sq.
ft.
11
8
of
parcel
(including walks)
Green Area 17,951
sq.
ft.
79
%
of
parcel
Proposed
Building Area 1,800
sq.
ft.
8io
%
of
parcel
Paved Area
sq.
ft.
%
of
parcel
(including walks)
Green Area
sq.
ft.
%
of
parcel
Building Setbacks
Existing
Front Yard 30
Front (if corner) 10 (side)
Side Yard (1)
Side Yard (2)
Rear Yard
Rear Yard (2)
Shoreline
Width
Depth
Access (check where applicable)
Proposed
35
43
Town Highway X County State
Required
Length of Frontage 150'
Number of Parking spaces: Existing 10 Proposed An 19
Town Water: X Yes No
Town Sewer: Yes X No
Any previous Planning or Zoning Board determination regarding
this property? See attached copy of previous Area Variance.
Present Use of Property: PRIVATE RESIDENCE & LIMOSINE SERV. BUS.
Proposed Use of Property: DUNKIN DONUT SHOP
A COMPLETE APPLICATION IS NECESSARY FOR PLACEMENT ON THE PLANNING
BOARD AND ZONING BOARD OF APPEALS AGENDAS - APPLICANT PLEASE READ
The Planning and Zoning Office requires 10 copies of your site
plan or variance application and maps, one original and 9 copies,
along with supporting documentation.
In addition to the $25.00 fee for site plan applications and
the $50.00 fee for variance applications, the applicant is required
to pay for the costs related to engineering review. Applications
may be referred to the Town Consulting Engineer for review of
septic design, storm drainage, etc. The hourly rate charge for the
engineer review will be charged directly to the applicant. Fees
for engineering review will not exceed $1,000.00 without
notification to the applicant.
Other permits may be required for construction or alteration
• subsequent to approval by the Planning Board or Zoning Board of
Appeals. It is the applicant's responsibility to obtain these.
I, the undersigned, have thoroughly read and understand the
instructions for submission, agree to the submission requirements
and completed the checklist. Furthermore, it is the practice of
the Department of Community Development to have a designated
stenographer tape record the proceedings of meetings resulting from
applications, and that minutes transcribed from those tapes
constitute the official record of all proceedings. If there is a
discrepancy between such record and the handwritten minutes taken
by the designated stenographer, the handwritten minutes shall be
deemed the official record.
I HAVE READ AND AGREE TO THE ABOVE STATEMENT
Applicant's Signaturel�y /��,�,., wog, _�ir�. Date !o / Q-7
Applicant's Agent Signature Date
I
0
AREA VARIANCE APPLICATION
(Must be accompanied by site information pages.)
TOWN OF QUEENSBURY
531 Bay Road
Queensbury, New York 12804
Applicant: JEdELS DONUTS INC. Parcel No. 131 / 5 /1.3L.33
IN ORDER TO COMPLETE THIS APPLICATION, YOU WILL FIRST NEED:
1. A map of your property, to scale, showing the location of any existing
buildings, septic systems, and wells. (Remember to indicate North
and the scale.)
2. A definite idea of where, and what size, you would like your house,
• addition, pool, etc., to be.
3. The setback requirements for the zone (available from the Zoning
Department: 745-4436. )
COMPLIANCE WITH ZONING ORDINANCE:
Section(s) 179-24
Require(s) I7-1 setbacks r--1 lot width 0 buffer zone
® other LOT SIZE
that cannot be met by the project as proposed.
Specific setback requirements should be provided on Page 2 of the Project Information n
pages.
rn
• USING THE MAP OF THE PROPERTY, SHOW: n
C
1. All proposed new buildings, etc., in relation to existing. Show dimensions a
clearly.
2. All setbacks affected by the project, existing and proposed.
z
3. Distances to adjacent owner's septic and well, if application involves n
installation or modification to septic or well, or if it could affect adjacent
systems.
4. Other items appearing on checklist with Project Information pages, as
appropriate. (If in doubt, inquire.)
ELEVATIONS:
Some projects are understood better if a drawing of the what the project
will look like is provided, in addition to the map/plan.
Page 2
THE FOLLOWING QUESTIONS REFLECT THE CRITERIA FOR GRANTING THIS TYPE OF
VARIANCE. PLEASE COMPLETE THEM, USING ADDITIONAL SHEETS IF NEEDED.
1. How would you benefit from the granting of this Area Variance? WOULD ALLOW US TO
CONSTRUCT A DUNKIN DONUT SHOP FOR INCO10 .
2. What effect would this variance have on the character of the neighborhood and the health,
safety, and welfare of the community? ENHANCE AREA VALUES, APPEARANCE; CAN
SEE NO ADVERSE EFFECT ON HEALTH OR SAFETY; WILL ADD APPROX. 15 J03S,
ADD'L SALES TAX REVENUES, ADD'L REAL ESTATE, AND SCHOOL TAXES.
3. Are there feasible alternatives to this variance? NO
4. Is the amount of relief substantial relative to the Ordinance? WE KNOW FROM FAST EXPERI-
ENCE, THr VANIANCE WILL ALLOW MORE THAN ADEQUATE SPACE TO SAFELY
OPERATE A DUNKIN DONUT SHOP. THE PROPOSED USE IS IN KEEPING WITH
THE PURPOSE OF C0bUdERCIAL-RESIDENTIAL ZONING.
Will the variance have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district? NO
I HAVE READ AND COMPLETED ALL APPLICABLE PORTIONS OF THE PROJECT
INFORMATION SHEETS, AS WELL AS THIS SIGN VARIANCE. TO THE BEST OF MY
KNOWLEDGE, ALL INFORMATION PROVIDED IS TRUE AND ACCURATE.
J-RNELS DO UTS INC.
Applicant: �.��v-ve� Date: 10/15/97
Agent: Date:
a
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•
Authorization Form & Official Record of Meeting Statement
If the APPLICANT is unable to attend the meeting or wishes to be represented by another
party, the applicant's signature is needed on the authorization form below, designating an agent.
APPLICANT'S AGENT FORM
I,
hereby designate
as my agent
regarding a Variance, F7Site Plan, ❑ Subdivision
application for Tax Map Number: Section , Block , Lot
Applicant's Signature:
Date:
If the OWNER of the property is not the same as the applicant, the owner's signature is
needed on the authorization form below, designating the applicant as agent.
OWNER'S AGENT FORM
I, owner of premises located at Tax Map Number:
Section j_, Block, Lot j_ hereby designate �E W f=� S DU. vyTS /�t/C , as my
13t 1 3y
agent rek-li'ding an application foi a M Variance, Site Plan, Subdivision
at the above premises.
Owner's'Signature: Date:
Deed Reference: Book l a l y Pagel�9bate
OFFICIAL RECORD OF MEETING STATEMENT
It is the practice of the Department of Community Development to have a designated stenographer tape record proceedings of
meetings resulting from applications, and that minutes transcribed from those tapes constitute the official record of all proceeding. If
there is a discrepancy between such record and the handwritten minutes taken by the designated stenographer, the handwritten minutes
shall be deemed the official record.
t have read and agree to the above statement
Applicant's Signature: J- rY z4,, � Date: f01 1 S 'Z -%
Applicant's Agent Signature: Date:
QUEENSBURY APPLICATION COMPLETENESS CHECKLIST
Application fee for each application.
original plus 9 copies
Required Signatures
Location Map
Adequate Plot Plan.
Other
The Plot Plan: Draw to scale (preferably 1 inch = 40 feet or
• less) a detailed description of the proposed site. Failure to
include all the required information on your site plan will result
in a determination of incompleteness and a delay in the processing
of your application.
* Items A through M must be included on the Plot Plan for the
site plan review application and all variance applications.
* Items N through Z shall be included on the Plot Plan if
applicable.
P N/A
A. Title of drawing, including name and address of
applicant and persons responsible for preparation of
such drawing.
B. North arrow, scale and date.
C. Boundaries of the property with dimensions in
feet, including zoning boundary delineations.
D. Location of all existing principal and accessory
structures and their uses with exterior dimensions
and lot -line and waterfront setbacks.
P - Provided
N/A - Not Applicable
P N/A
E. Location of all proposed principal and accessory
uses and structures with exterior dimensions and
setbacks.
F. Location of any existing or proposed easements,
driveways, outdoor storage and refuse containment
areas, including setbacks and dimensions of the
structures.
G. Location of existing and proposed sewage
disposal facilities including lot line, waterfront
and well setbacks. For proposed system or if
expanding use, include design details, construction
materials, flow rates or number of bedrooms served
and percolation test results. Also, location of
existing sewage and water systems on adjoining lots.
• H. Location and description of existing public or
private water supply.
I. Description of the method of securing public or
private water and location, design and construction
materials of such facilities.
J. Total number of existing parking spaces,
including the number of those to remain or to be
removed, those to be paved, those to be graveled,
and total number of proposed new paved spaces and
proposed graveled spaces, including basis for
determining parking adequacy.
K. Location and design of all existing and proposed
outdoor lighting facilities.
L. Percent of lot which is presently permeable,
including composition of ground cover (grass,
shrubs, gravel, etc.)
M. Percent of lot which is proposed to be
permeable, including composition of ground cover.
N. Existing watercourses, wetlands, and other
waterbodies.
O. Proposed maximum daily water usage in gallons
per day.
P - Provided
N/A - Not Applicable
P N/A
P. Location and design of all existing and proposed
parking and loading areas, showing driveways,
ingress, egress, handicapped parking and curbing.
For proposed parking and loading areas, include
design details, construction materials and
dimensions.
Q. Provision for pedestrian and handicapped access.
R. Location, design and construction materials of
all existing or proposed site improvements including
drains, culverts, retaining walls, and fences.
S. Location of fire and other emergency zones,
including the location of fire hydrants.
T. Location of all existing and proposed energy
• distribution facilities and other utilities,
including electrical, gas, solar energy, telephone,
etc. For proposed facilities, include design
details and construction materials.
U. Location, setbacks, and size of all existing and
proposed signs, including design and construction
details of proposed signs.
V. Location and proposed development of all buffer
areas, including existing vegetative cover and
screening of storage or refuse areas.
W. Identification of the location and amount of
building areas proposed for office, manufacturing,
retail sales or other commercial activity.
X. General landscaping plan and planting schedule,
including existing trees over 3 inches in diameter.
Y. Grading and stormwater management plan, showing
existing and proposed contours and including
drainage calculations.
Z. Other elements integral to the proposed
development or considered necessary by the Boards
and staff.
Z2. SEQRA Determination.
P - Provided
N/A - Not Applicable
r9l95)—Text 12
cCT I.D. NUMBER
617.20 S EQ R
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1—PROJECT INFORMATION (ro be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR ��r 2. PROJECT NAME
ew-c.s Dvti"� rs (� c_, J,v [N vo.vvTS
0. PROJECT LOCATION: rr �� - /
Municipality IN U W County )Z(,^'--N
A. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) _
U If 'IV, Y_
Ct7 rNr y_ o r' /f•!Rr �- C R 2 a Gl.�f�/_ S'i_
5. IS PjiOpOSED ACTION:
IYO,rfCS ew ❑ Expansion ❑ MadtflcatloNalteratlon
6. DESCRIBE PROJECT BRIEFLY: If 0,v97_K UCTI 0 / Cl r D v,'V1<1 -2/ 00'f/ V' g 1"q
7. AMOUNT OF LAND AFFECTED:
InillallYLL44 !io f P r'aarae- Ultimately 2'2v 'y $Q F'T ---
9. WILL PROPOSEDACTIONCOMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
CDIol Yes No if No, deserThe briefly -
F)QFR y/_)2f/4'4-CF R -FgVlel_ D P-'RvA rawly of QvI�Fr_i1 SP.,,ZY,
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
*aaldentlal ❑Industrial 2(commardal ❑Agriculture ❑ parklForestlopen apace ❑Other
Describe: 7- UiVr D C . %z. T-(2 /DNS 1 T/o%r1 �.� Q /-�• _ _ .._.
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
VOYes ❑ No If yes, list agency(,) and permfUapp"Nala
1, "i U�1Ji✓ tl p Ck I/I?9F V9 i.'RV' — ki UL/-M416 Pl�2_44 17—
S, B-R. — rvz/vr.v 6
11. wD�OES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
101 Yes ❑ No it yes, list agency name and parmfttapproval - -
S•:�-R l-%.�S F3PP20v�o r-vw/J'l✓Y"(r' .:... ..,' _ .: -: ,
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION
Yes ❑No
I CERTIFY THAT THE INFORMATION
PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
AppllcanUsponsor namr. _ V /�w � S L �-V l/ I j 4 C , Date: .I - •
Slgnaturel_�� / / i/'-�YY'�-iYaN i/Y� , ..
If the action Is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Forth before proceeding with this assessment
OVER
1
WARREN COUNTY PLANNING BOARD
Tracey M. Clothier Warren County Municipal Center Teri Rosa
Chairperson Lake George, New York 12845 Vice Chairperson
Telephone (518) 761-6410
)ATE: November 12, 1997 RE: QBY AV 76-1997
TO: Planning 6 Zoning Office
Town Office Building
Queensbury, NY 12804
Jewels Donuts, Inc.
22 W. Main Street
At a meeting of the Warren County Planning Board, held on the
day of November 1997 the above application for
Dunkin Donuts shop
12th
an Area Variance to construct a
reviewed, and the following
action was taken. Recommendation to:
(-� Approve () Disapprove () Modify with Conditions () Return () No County Impact
Comments: The WCPB approves this Area Variance specifically for this plan for
Jewels Donuts, Inc.
It is the policy of the Warren County Planning Board to follow the procedures of the New York State
General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and
reported thereon. The following are procedural requirements that must be adhered to:
1.) The Warren County Planning Board shall report its recommendations to the referring
municipal agency, accompanied by a full statement for such actions. If no action is taken wi%p
thirty (30) days or agreed upop time, the municipal agency miW.. act without such report.
2.) If the recommendation is for disapproval of the proposal, or modification thereof, the
municipal agency shall not act contrary to such action except by a vote of a majority plus one of
all the members thereof and after the adoption of a resolution fully setting forth the reasons for
such contrary actions.
3.) Within seve (7) days after the final action byre municipal agency having jurisdiction on the
recommendations, modifications or disapproval of a referred matter, such municipality agency
shall file a report with the Warren County Planning Board on the necessary form.
Tracey M. Clothier, Chairperson
OR
Teri Ross, Vice Chairperson
TOWN OF QUEENSBURY
742 BAY ROAD
QUEENSBURY, NEW YORK 12804
Christian G. Thomas, Chairman Bonnie M. Lapham, Acting Secretary
21 PinewoodHollowRoad -- 409 Ridge Road
Queensbury, New York 12804 Queensbury, New York 12804
TO: Jewels Donuts, Inc.
PROJECT FOR:
95 Saratoga Avenue
Jewels Donuts, Inc.
So. Glens Falls, New York 12803 Dunkin Donuts
THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING
REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE
FOLLOWING:
Meeting Date: November 19, 1997
Variance File Number: 76-1997
Other:
USE AREA x SIGN
❑ APPROVED ❑ DENIED ® TABLED ❑ WITHDRAWN ❑SEORAREVIEW
❑ WITH CONDITIONS
MOTION TO TABLE AREA VARIANCE NO 76-1997 JEWELS DONUTS INC.,
Introduced by Chris Thomas who moved for its adoption, seconded by
Brian Custer:
Tabled until Monday, November 24th, at a Special Meeting. At that
time, proper notification will have been done, and a decision can
be rendered on this application, and at that time also the Short
Environmental Assessment Form will have to be addressed.
Duly adopted this 19th day of November, 1997, by the following
vote:
AYES: Mr. McNally, Mr. Custer, Mr. Hayes, Mr. Karpeles,
Mrs. Lapham, Mr. Thomas
NOES: NONE
ABSENT: Mr. Stone
Sincerely,
Al., �
Bonnie M. Lapham, Secretary
Queensbury Zoning Board of Appeals
BML/sed
CC: Mark F. LaPointe
PLEASE READ THE BACK OF TH IS FORM -Thank Y o u
TOWN OF QUEENSBURY
742 BAY ROAD
QUEENSBURY, NEWYORK 12804
Christian G. Thomas, Chairman
21 Pinewood Hollow Road
Queensbury, New York 12804
TO: Jewels Donuts, Inc.
95 Saratoga Avenue
So. Glens Falls, New York 12803
Bonnie M. Lapham, Acting Secretary
409 Ridge Road
Queensbury, New York 12804
PROJECT FOR:
Jewels Donuts, Inc.
Dunkin Donuts
THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING
REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE
FOLLOWING:
Meeting Date: November '&i ' 7
Variance File Number: 76-1997 USE AREA x SIGN _
Other:
❑ APPROVED ❑ DENIED TABLED ❑ WITHDRAWN ❑SEQRA REVIEW
❑ WITH CONDITIONS
MOTION TO TABLE AREA VARIANCE NO 76-1997 JEWELS DONUT INC.,
Introduced by Paul Hayes who moved for its adoption, seconded by
Robert Karpeles:
Corner of Main and Caroline.
Duly adopted this 24th day of November, 1997, by the following
vote:
AYES: Mr. McNally, Mr. Karpeles, Mrs. Lapham, Mr. Hayes
NOES: NONE
ABSENT: Mr. Custer, Mr. Stone, Mr. Thomas
Sincerely,
Bonnie M. Lapham, Secretary
Queensbury Zoning Board of Appeals
BML/sed
CC: Mark F. LaPointe
PLEASE READ THE BACK OF 7H1 S FORM - Thenk You
If
TOWN OF QUEENSBURY
742 BAY ROAD
QUEENSBURY, NEW YORK 12804
Christian G. Thomas, Chairman Bonnie M. Lapham, Acting Secretary
21 Pinewood Hollow Road 409 Ridge Road
Queensbury, New York 12804 Queensbury, New York 12804
TO: Jewels Donuts, Inc.
95 Saratoga Avenue
PROJECT FOR:
Jewels Donuts, Inc.
So. Glens Falls, New York 12803 Dunkin Donuts
THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING
REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE
FOLLOWING:
Meeting Date: December 17, 1997
Variance File Number: 76-1997 USE _ AREA x SIGN
Other:
APPROVED ❑ DENIED ❑ TABLED ❑ WITHDRAWN ❑SEQRAREVIEW
❑ WITH CONDITIONS
MOTION TO APPROVE AREA VARIANCE NO 76-1 7 JEWELS DONUT INCm
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Introduced by Lewis Stone who moved for its adoption,seconded by
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Bonnie Lapham:
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Corner of Main and Caroline Street. The applicant proposes
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construction of a commercial enterprise, namely Dunkin Donuts. In
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this particular case, a commercial enterprise, it requires one acre
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in the CR-15 zone. Therefore the applicant is requesting relief
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from Section 179-24, requiring a minimum of one acre in this area
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for the type of commercial use
yp proposed. The proposed lot, which
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will be a combination of three existing lots, will measure
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approximately 22,500 square feet. In granting a variance, we must
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consider the benefit to the applicant, as contrasted with the
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detriment to the health, safety and welfare of the community. In
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this case, the benefit to the applicant would be that the applicant
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would be allowed to construct and operate a commercial enterprise
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in a one acre zoned piece of property. Feasible alternatives are
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limited to no construction or acquisition of additional property
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and conformance with the Ordinance. We're also asked to consider
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whether this benefit can be achieved by other means feasible to the
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applicant. We are told by the applicant that he has attempted to
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find a suitable piece of property that would serve his needs and
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has not been able to do so. One, because either availability or
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page 1 of 2
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PLEASE READ THE BACK OF TH I S FORM -Thank Y o u
Area Variance No. 76-1997
Jewels Donuts, Inc.
because of his own resources. Would this be an undesirable change
in the neighborhood character or to nearby properties? As has been
noted in the meeting, this is an area in transition, and this
represents one more change to a basically Highway Commercial
atmosphere for this whole area. Is the relief substantial relative
to the Ordinance? Yes. The relief may be interpreted as
substantial, being almost a half acre, but because of the nature of
the business, the size of the building. It is deemed that this
would not be consequential. The effects on the neighborhood or the
community, an increase of the density of allowed commercial use is
anticipated as a result of this proposal, and we have agreed that
this would not be detrimental to the area at large. We also must
consider whether this difficulty is self-created, and it may be
interpreted as self-created. This is a particular lot that the
applicant wants to buy. It's one that represents what he can buy,
and therefore in a sense it is self-created. It should be noted
that the subject parcel is currently utilized by a commercial
venture, mainly Sue Howard Limousine company. In granting this
variance, we should ask the Planning Board to consider certain
elements of change that would result from the granting of this
variance, namely the increased traffic, the 24 hour proposed
operation, the light, particularly on the west side of the building
which may be considered to impact upon the residents to the west.
This variance is granted contingent upon the lighting and planting
schedule as given to us, dated 12/2/97, which indicates both a
planting on the south side and on the west side, two type A light
75 watt bulbs on the south side and the west side, and a statement
made to the effect that no glass on the south or west sides of the
building except for the drive through window on the south side.
Duly adopted this 17th day of December, 1997, by the following
vote:
AYES: Mr. Custer, Mr. Stone, Mr. Karpeles, Mrs. Lapham, Mr. Thomas
NOES: NONE
ABSENT: Mr. McNally, Mr. Hayes
SincerelVaph%am,
Bonnie MSecretary
Queensbury Zoning Board of Appeals
BML/sed
CC: Mark F. LaPointe
page 2 of 2