1967-12-19
De cember 19, 1967
^--
1lteetizrg 0.1 tbe Towzl 0.1 Queensbury
Z onizrg Bo iUYi o.f Appe als
HizlfJ. tes o£ 1 à!St raee tizrg 'Were re JJi èIl.lJÍ approved.
1, Væ-idZtce" 5 - CUBi,ngS' & Cð, (ZèlYl'e Oept, Stðl'e) - èlppl"ðved with
'IlJOdi~i c4Itions .
2, V ar i dZlce ,. 6 - George Costello - 4Ipproved. wi th cozrdi tion
3, Speçi.aJ. Use #1 - George Boi.v in - re~erred. to P l æ.~ni.ng Bo ard.
4, V,uidZtce #" 13 - Slingerlæ.rtiS' Oev , Corp, - re je cted
5. Varièll.lce ,. 15 - H.e1.v in S 1.0 pe y - approved
Ó, Special. Use #2 - Rd1.p/l. Turner Estate - approved with '1Il/)di.ficdtioz~
7, VaridZlG'e'" 14 - R-al.ph Turner Estdte - (sigzl) - approved
8. Vari anG'e #" 27 - H D HcJllageraent Corp, - to be beed 1/17/69,
1lteetizrg ddjourz1ed.,
"------
/.1/,
, ,
, ._,_..-'--,---_.~_.~,~_.-:..
".._._"...~>.,..~,.,......_-,.. ~_.- ..... -._--.,._~~~.,...__... ~~--_..,," ......~.....
^...-.,.._,_.-.........._.~.,.-...--.--.......
MINUTES of the public hearing of the Town of Queensbury
Zoning Board of Appeals held December 19, 1967 at 7:30 P.N. at the
To~m Office Building.
Th~re were present:
John E. Fitzgerald
James Keller
Charles O. Sicard
Allison B. Ellsworth
Geo'rge Kurosaka
being all of the members of the board.
John E. Fitzgerald, the Chairman, presided. TI1e Secretary,
James Keller, read the minutes of the Public Hearing held Novemher 29,
1967 and upon motion duly made by George Kurosaka, seconded by James
Keller and carried unanimously were approved.
The Secretary read the notice of public hearing on
Application 15 for a Variance by Cummings & Co. (Zayre Dept. Store)
,,,,hich apP'Jared in the Post-Star and Glens Falls Times on December 8,
1967. It was stated that the only question here was the size of the
signs proposed to be erected. The report of the Planning Board uas
read. Mr. Peter Hashem of Cummings & Co. appeared and gave informa-
tton as to the signs. Hr. William Riche.rdson, J. D. Stecher, Keith
Short, Al Green" Daniel Olson, 'William. Reamer, John Goetz, John
Gl~ss, Emile Mainville, Paul Russell, Shelby Miller, Abraham
George, TIlomas CUrran, Jack Hollinan.~nd Frank Shortell appeared
"
in opposi tion as did Atto1.--ney Peter Fi tzgerald who represented the
Northway Plaza Merchants Association. Considerable discussion
followed as to the objections of the adjoining property o~~crs.
¡ç,
....J___'~__
¡,. ......~...-.....,,;."
.._~~-
__i.""
'----
After discussion, the follo\dng resolution was made, seconded and
carried unanimously:
''-.-
RESOLVED, that in view of the fact that the signs
are being constru:.:ted in a commercial zone upon a
building commenced prior to enactment of the
Ordinance and that the variance has been approved
by the Planning Board except as to the under canopy
signs; and that in the opinion of the Board strict
application of the provisions of the Ordinance
would deprive the applicant of the reasonable use
of its land and building; the variance granted is,
in the opinion of the Board, the minimum variance
that will permit the reasonable use of the land
and buildings be it ORDERED that Application for a
Variance 115 by Cummings & Co. is approved subject
to certain æodifications: (a) the upright standing
sign is approved \'Tl.th dimensions limited to 8 ft.
by 25 ft. -vlÌth the \Jords "Zayre Department Store"
only and no othe,r indication of hours of opening
or closing or ,advertisements for any other stores
in the shopping area, (b) the in and out signs are
approved as requested, (c) the letters on the roof
as proposed are approved, and (d) one sign only 1 ft.
by 6 ft. under the canopy over the main door is
approved, upon the condition that the existing
wooded barrier between the property and the adjoin-
lng properties be retained.
The Secretary read the notice of public hearing on
Application :ffr6 for a Variance by George A. Costello which appeared
in the Post-Star and Glens Falls Times ön December 8, 1967.
}tt. and Mrs. Lewis Cooley, Mr. and Mrs. William Merritt, Mrs. Leonard
DuBois, Vincent Reis and Arthur Robillard, Jr. appeared in favor of
this application. Mr. and Mrs, Costello were not present and no one
present objected. It was stated that ~he Planning Board approved
this application. The Bca.i-d noted that it appeared from the plot
',-
plan that the dwelling "tJould be only 25 feet from Birdsall Road.
I h,
~:""""""---.....,;-~.
K....""'"""_..'.._____ ...._,,~..,.
""^".'--_".... ~·_"·...,_,~..,___'..._..M.'·~*'..."......._""""¡·....,,....,'~'""~.~~.
"-
After discussion, upon motion duly made, seconded and carried
unanimously, it was
RESOLVED, that vrith the concurrence of the Planning
Board and in view of the hardship caused to the
applicant since his lot did not meet the minimum
lot dimensions required by the Ordinance, be it
ORDERED that Application for a Variance #6 by
George A. Costello for the building of a summer
dwelling on an undersized lot is approved on the
condition that the building be 30 feet back from
Birdsall Road.
The Secretary read the notice of public hearing on
Application for a Special Use #1 by George J. Boivin which appeared
in the Post-Star and Glens Falls Times on December 8, 1967. It was
stated that the Planning Board disapproved the application because
they had insufficient information as to the building size. Mr. Boivin
'-
agreed to submit additional detail to the Planning Board. Upon motion
duly made, seconded and carried unanimously, this was referred back
to the Plf',ming Board for clarification of plans and their report.
The Secretary read the notice of public bearing on
Application for a Variance #13 by Slingerlands Development
Corporation which appeared in the Post-Star and Glens Falls Times
on December 8, 1967. Mr. Kurosaka disqualified himself on this
matter. Berne Watkins and Allan Jacobson appeared for Slingerlands.
Also appearing were Elsie Cantz, R. GeorgeWiswall, Robert C.
~.Jestcott, Harwood Beatty and Charles Scudder. There was considerable
discussion as to the adequacy of sewage disposal and the fact that
"-
the plans were not final as to sewage disposal nor had they been
a1?provcd by the He'. r:J ,
artment. The report of the Plarming Board
t
11.
,;,~L-_..
,...-._---,........
'''-.
disapproving the application was also read. Messrs. Ellsworth,
Sicard and Fitzgerald voted for rejection and Mr. Keller voted
for approval. The follcrt,Jing resolution was adopted, (George
Kurosaka not voting»)
RESOLVED thr::;t Application for a Variance in3 by
Slingerlands D2velopment Corporation is rejected
due to the fact that it appears that adequate
provision for disposal of sewage has not been
provided nor approved by the New York State
Department of Health.
The Secretary read the notice of public hearing on
Application for a Variance #15 by Melvin Slopey which appeared in
the Post-Star and Glens Falls Times on December 8, 1967. Jack
Slc.;pcy, HanJood Beatty and Lester Baird appeared. The map vJas
reviewed and plans discussed. No one appeared in objection. It
'--
_./ 't..¡as stated that the Planning Board had approved this application
and that the Town Board had approved the original mobile court plan
which inc~uded the buildings applied for. Upon motion duly made,
second,~d and carried U!H::;.:Ürnously, it vJas
RESOLVED, tna.t: ~Jith the concurrence of the
Planning Board be it ORDERED that Application
for a Variance #15 by Melvin Slopey for the
construction of certain buildings on a mobile
home court bc and hereby is approved.
The Secretary read the notice of public hearing on
Application for a Variance :fn4 and Application for a Special Use
#2 by Ralph Turner Estate which appeared in the Post-Star and Glens
F Times on December S, 1967. John E. Fitzgerald disqualified
himself. F. Karl Supre~ant appeared on behalf of the Estate and
"-
¡:[¡:n:-tin A. Meyer and .D·r. ,\11[;.:1. Elliott appeared on behalf of the
} f.
'-~''',......._.~------_.....~-~....,.",..:,.....
...........--
',--
Congregation Shaaray Tefila. The report of the Planning Board
wa.s read and considerable discussion wa,s had. Upon motion duly
made, seconded and carried unanimously (Mr. Fitzgerald not votin~,
it was
RESOLVED, that '\:.:ri th the concurrence of the Planning
Board be it ORDERED that the Application for a
Special Use ://:2 by the Ralph Turner Estate, is
approved -vTÍth the following modification: (a) the
right of way to the cemetery shall remain unobstrùcted;
(b) the applicant shall clear title to this right of
way or provide an alternate right of way satisfactory
to Congregation Shaaray Tefila, and (c) the sign
indicated on the southeasc corner of the plans
shall be re-located so as not to obstruct the right
of way to the cem-:.;tery.
A further vote¡·¡as held upon the Variance Application
and the following resolution was adopted with Messrs. Keller,
"-
Sicard and Kurosaka in favor, Mr. Ellsworth opposed and
Mr. Fitzgerald not voting:
'1ESOLVED, that the Application for a Variance #14 by
the Ralph Turner Estate for a sign be approved with
the modification that the sign shall be located on
the westerly side of the property and at a mini~Jm
of ISO feet from the northerly property line of the
Turner property 'iJÍ th t4e tree barrier between Turner
property and cemetery property to remain; and upon the
conòition that the sign bear only the letters ESSO and
with no arrow below.
The Secretary read the notice of public hearing on
Application for a Variance #9 by Earl A. Hudson which appeared
in the Post-Star and Glens Falls Times on December 8, 1967.
1:Jilliam Hudson was present in person with his attorney, William
'--
Mahoney. George Sepsie appeared in opposition. After considerable
discussion the following resolution "-12.8 .adopted with 1'1essrs. EllsVior
I 9,
~,.~.,~~~.._-
''^''~.''_''''''''."-_.,.~
..--........~....."
O'...oL..~~~
"
-..,,);.;
',--
Sicard, Fitzgerald and Kurosaka in favor and Mr. Keller opposing:
I
~......./
RESOLVED, that ~~th concurrence of the Planning
Board and in view of the fact that the variance is
necessary for the reasonable use of the land and
is the minimum variance that ~dll accomplish the
purpose, be it ORDERED that Application for a
Variance #9 by Earl A. Hudson is approved.
After the conclusion of the public hearing Application
for a Variance 1127 by H. D. Hanagement Corp. represented by
George Green was presented to the Board. This application was
for the construction of a drive in restaurant of the type called
"Neba" on an undersized lot. The property is owned by Charles
LebOt<7itz. After discussion, upon motion duly made, seconded and
carried unanimously, it was
',-
RESOLVED, that Application for a Variance #27
by M.D. Management Corp. be considered at a
public hearing to be held January 17, 1961$
There being no other business to come before the meeting,
it was, upon motion duly made, seconded and carried unanimously,
adjourned.
\ ,1 ' t/r(J
C-,-~}--... ~)r ----e-~l
Secretary
"--