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1968-09-18 S3. MINUTES of the public hearing of the Town of Queensbury ,,"-- Zoning Board of Appeals held at the Town Office Building on September 18, 1968 at 7:30 P.M. There were present: John E. Fitzgerald James Keller George Kurosaka Charles o. Sicard Allison B. Ellsworth being all of the members of the Board. John E. Fitzgerald, the Chairman, presided and James Keller, the Secretary, recorded. The minutes of the public hearing held on August 21, 1968 were read by the Secretary and upon motion duly made by '~ Charles o. Sicard, seconded by George Kurosaka, and carried unanimously, were approved. The notice of publication on Application for a Variance #47 by Gulf Oil Corp. was presented to the meeting. The applica- tion which was read by Mr. Fitzgerald was for the erection of a two faced sign which did not meet the requirements of the Zoning Ordinance. There was no one present representing Gulf Oil Corp. Mr. Richard Murphy was present objecting to the proposed sign because he stated the sign had been at the station before Zoning and it had not been erected at a time when it would not have been in violation of the Ordinance. He also stated that there were several other large signs there and this would only '-- -.i.j 6 , add to the artificial lighting that was present all around his home. He also felt these signs were helping to create "---- a great traffic problem on Aviation Road with cars from the Northway going to the various gas stations along Aviation Road. Mr. Robert Eddy, Chairman of the Beautification Committee of the Town of Queensbury stated that he and his Committee were objecting to this sign. He said this was to be erected where it would bother residents of the area and they should be protected. He said we have a sign ordinance and all signs should conform to the regulations of the Ordinance. Mr. William Richardson was also present objecting on the grounds of no hardship in this application. Mr. Thomas Curran was present objecting because Gulf was there before the Ordinance and they had ample time to put up the sign '--- when the residents could do nothing about it. The report of the Planning Board disapproved the application because there has been no practical difficulty or extreme hardship shown. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, that Application #47 by Gulf Oil Corp. be disapproved since no grounds for granting the Variance were shown. The notice of publication was presented on Application for a Variance #48 by Combs Electric Co. for use of a non- conforming existing building for his electrical contracting business. Attorney William Bacas and Attorney Michael J. O'Connor of McPhillips, Fitzgerald & Meyer were present ~ representing Mr. Combs. The report of the Planning Board ss: approving the application was read. After discussion, upon \\ ¿,/ ( (.~ ." \\ '-" motion duly made, seconded and carried unanimously, it was RESOLVED, that Application for a Variance #48 by Combs Electric Co. be approved in concurrence with the Planning Board. "" '~ "u v .;,.¡;. )1} ,~J The notice of publication on Application for a Variance #50 by George Miller was presented to the Board. This application is for the erection of a summer dwelling on a non- conforming lot on Assenbly Point. Attorney Wayne Judge of Clark, Bartlett & Caffry was present representing Mr. Miller. Mr. Judge stated that the lots had been approved prior to the Ordinance and that the seller, Mr. Veeder, felt that they were still approved lots even though undersi~ed. Mr. Judge stated that there was a hardship involved in view of the fact that Mr. Miller '-- had purchased the lot and that construction was due to start immediately. Attorney Michael Cipolla of Albany was present representing the Assembly Point Association as well as himself and his wife as property owners in Shore Colony. Also present with Mr. Cipollo were Mrs. Anna Cipollo, Mrs. Frank Adamo, Mrs. Betty Murray, Joseph Schmidinger, Henry Merrill, Dr. Elsey, Henry Clark, Mr. and Mrs. Laursen, Raymond Murray, Lydia and Joseph DeCamilla, James and Mary Welch, Mr. and Mrs. Marsolis, Margaret Lang, Mr. and Mrs. Guy Ham, Mr. and Mrs. Weiman and Mrs. Wieller. Mr. Cipollo stated that all of the interested people within 500 ft. had not received notices. After ansiderable discussion between '-- the members of the Board and AttorneysCipollo and Judge, Mr. Judge S0, agreed to the postponment of the decision of the Board until all of the members of Shore Colony and the Assenbly Point Association could be notified to appear. He also waived the time limitation for the Board's action on this application. The question of pre-existing lots was referred to the Town Attorney for his interpretation of the Zoning Ordinance and adjourned to the next public hearing. The notice of publication on Application for a Variance #51 by Carl DeSantis to construct an addition to an existing building closer than 15 ft. to the property line was presented to the Board. Mr. Judge was present representing Mr. DeSantis. Mr. Joseph DeSantis was also present. It was pointed out that this was the only possible location for this new banquet hall since it was close to the kitchen. Also present was Mr. Arthur Norton. It was stated that Mr. Charles Wood, the adjoining property owner, had no objection to this being so close to his property line. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, that in concurrence with the Planning Board as being within the general plan of the Town this application for a Variance #51 by Carl DeSantis was approved. The notice of publication on Application for a Variance #52 by Robert Elred for permission to operate a tropical fish and gift shop was presented to the Board. Mr. and Mrs. Robert c'- Elred were present. Also present were MI& James Eldred and S7. Mrs. Hazel Hazelton, neighbors objecting to this application. '-- They stated that their deeds have restrictions against conducting a business in their homes. Mr. Elred stated he had no such restriction in his deed. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, that Application for a Variance #52 by Robert Elred be disapproved on the grounds that no hardship had been shown. After the conclusion of the public hearings, Application for a Variance #53 by Glen Lake Service Corp. for permission to install two small signs on existing supports of a non-conforming identification sign was presented to the Board. After discussion upon motion duly made, seconded and carried unanimously, this was ',,-, sent to the Planning Board for their reRort and set for a public hearing on October 16, 1968. The next application for a Variance #54 by Donald and Dorothy Petry to build an addition to an existing house and a garage on a non-conforming lot was presented. It was noted that the application was not complete and no action was therefor taken. Application for a Variance #55 by Meadowrun Developmwnt Corp. to move the present Blacksmith Shop sign on Aviation Road was presented to the Board. Mr. Judge was present representing Meadowrun Development Corp. After discussion, upon motion duly made, seconded and carried unanimously, this was referred to the "--' Planning Board and set for a public hearing on October 16, 1968. Sf!, Application for a Variance #56 by Meadowrun Development '- Corp. for moving a sign back 20 ft. from its present location because of the widening of Route 9 by the State. After discussion, upon motion duly made, seconded and carried unanimously this was referred to the PLanning Board for their report and set for a public hearing on October 16, 1968. There being no other business to come before the meeting, upon motion duly made, seconded and carried unanimously, the meeting was adjourned. __ LJ~ ~'-G ecretary '- '--