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1968-10-16 r.:- q v /. - 1 - MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on '---- October 16, 1968 at 8:00 P.M. There were present: John Fitzgerald James Keller George Kurosaka Chatiles Sicard Allison Ellsworth being all the members of the board. John Fitzgerald, the Chairman, presided and James Keller, the Secretary, recorded. The minutes of the public hearing held on September 18, 1968, were read by the Secretary and upon motion duly made by Charles Sicard, seconded by George Kurosaka, and with the exception of John Fitzgerald declaring non-participation in the Application for a Variance by Combs Electric, carried unanimously, were approved. "- Application for a Variance #58 by Robert Elred for permission to operate a tropical fish shop in his h6me on Corinth Rd. was presented to the board. Proof of publication of the notice for public hearing was presented. Mr. and Mrs. Robert Elred were present. Previously, an Application for a Variance by Mr. Elred was presented for the operation of a tropical fish shop and gift shop,but was disapproved. A letter was presented to the board stating that Mr. Elred would be operating this fish shop as a source of income, being that he is unemployed at the present time. Mr. and Mrs. Elred had no further comment. It was made known that the Planning Board returned their report with ~no comment". After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, being no objection presented at the public hearing, Application for a Variance #58 by Robert Elred be 100- - 2 - approved as applied for. Application for a Variance #54 by Donald and Dorothy Petry to build an addit~on to an existing house and a garage on a non-conforming lot on Dunham's Bay was presented. Proof of publication of the notice for public hearing was presented. The report of the Planning Board was returned with "no corrunent". A letter was read by the Secretary stating that Mr. and Mrs. Petry could not be present at this hearing. Mr. Fuchsloscher, Sally Chenier, and Fred Elexy were present in favor of the Application. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, being there is a practical difficulty in the use of the land, Application for a Variance #54 by Donald and Dorothy Petry be approved as applied for. The next Application for a Variance #57 by Mr .-,Linendoll for the building of a 2 car garage on the existing non-conforming lot on Sullivan Road, Glen Lake, was presented. Proof of publication of the notice for public hearing was presented. It was stated that the lot was an existing non-conforming lot, and the garage would be closer than set back regulations permit. Mr. Linendoll was present in his own behalf, and made it known that all the neighbors he contacted were in favor of the application. There was no opposition at this hearing. The application was presented to the Planning Board previously, and returned with "no corrunent". After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED, being there is a practical difficulty in the use of the land, Application for a Variance #57 by Mr. Linendoll be approved as applied for. ~r. - 3 - Application for a Variance #55 by Meadowrun Development '-- Corporation to move the present Blacksmith Shop sign on Aviation Road was presented to the board. Mr. Glen Caffry was present for Mr. Charles Wood and asked for the result of the Planning Board. The Planning Board approved the Variance being that it remains in harmony with the area. Mr. Caffry stated that there was hardship involved. He then went on to say, the sigg would be a smaller one, it would be the only sign, it was necessary for Restuarant Advertisement, it would be moved back for the location, it would be raised into the air to avoid danger. Mr. Caffry mentioned that the carriage, which has not been duly established as a part of the sign, wouad overhang the driveway, but it would be in the air. He also presents the fact that the substituting carriage and sign would be one-half the size of the present sign. There was no opposition at this time. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED that Application for a Variance by the Meadowrun Development Corporation- Blàcksmith Shop sign be approved, being that the proposal is in general harmony with the area, and providing that all portions are in the property line of applicant. Application óæ a Variance #53 by Glenlake Service Corporation-Neba for permission to install two small signs on existing supports of a non-confmrming identification sign was presented. Mr. Carl DeFranco and Mr. Ferguson were present. The application had been returned and disapproved by the Planning Board. Mr. DeFranco, prepresenting MacDonaldfs, objected to the signs if they were in tandem because of possible obstruction of vision. It was stated that the proposed signs are back-to-back. lo:1-. . - 4 - After discussion, upon motion duly made~ seconded and carried unanimously, it was '-- RESOLVED ~Hat Application for a Variance #53 by the Glenlake Service Corporation be disapproved on the fact that there were no grounds shown for variance. Application for a Variance #56 by Meadowrun Development Corporation for moving a sign back 20 feet from the proposed Route 9 taking line. The application had been disapproved by the Planning Board, stating that the variance is not in harmony with the sur- rounding area. Mr. Caffry, representing Charles Wood, stated that this is a commercial area with many signs. He stated that it was his opinion that the reconstruction of these non~conforming signs would be possible cutting off a part from the front of the sign and moving it to the back of the sign. He stated that if the ---- variance were granted~ a better view for the bakery would be afforded at the proposed location. He continued, stating that moving the sign would not affect the other 2 billboards on the premises. He then stated that the State would only pay the depreciated válue of 5 feet of the sign if it was not moved and presented hardship. He stated there are many signs there right now, and these should be allowed to remain. John Fitzgerald disqualified himself from this Variance. Mr. Michael O~Connerr Attorney representing Mr. & Mrs. Schlieckhart stated his opposition. If the sign would be 50 feet from the southerly end of the property he would have no objection. Mr. Caffry stated that this would not be possible. Mr. O'Conner stated that there are 5 signs now on this lot. He was corrected "'-- by Mr. Caffry that only 4 signs were on Mr. Wood~s land. Mr. O'Conner felt that financial hardship was not grounds for financial to 3. - 5 - hardship for the variance. Mr. O'Conner objected to the flood -.' lights which present a personal hardship to the motel. He said the sign obstructs the view of the motel and bakery. Mr. Caffry stated the fact that if the signswould be moved back they would present a lesser problem. Mr. Carl DeSantis stated that he is in favor of the sign because it gives direction to his restaurant. Mr. Charles Wood stated that if the variance was not granted it would be a hardship because the State only allows a 10-day notice for removal. After much discussion and deliberation it was RESOLVED that Application for a Variance #56 by Meadowrun Development Corporation be approved providing there is no physical change in the billboards and they remain the same relative height above the ground. Further discussion on Variance #50 was heard at this time. The decision by the Town Attorney had been awaited, '-' for the erection of a summer dwelling on a non-conforming lot on Assembly Point. Attorney Wayne Judge of Clark, Bartlett & Caffry was present representing Mr. Miller, and stated he wished to postpone this case until the Town Attorney render a decision. He stated that the 60 day period was waived. Mr. Judge stated that Mr. Veeder, seller of the lots, objects to a public hearing at this time. Frank Adamo, President of the Assembly Point Association, and other members objecting to this application were present with the understanding that the hearing was to be held at this time. Other members were; Ann Cipollo, Elizabeth M. Klein, Kathy O'Keefe, John Bruning, Mike Cipollo, Clayton H. Veeder, Robert Turnbull, Robert Bulman, Mr. Laursen, '-- Raymond Murray, Jenny Bulman, Lillian and Joseph DeCamilla, Henry Merrill, Joseph and Francis Schmidinger, Henrietta Veeder, James and Shirley VanValhinger, Mrs. Turnbull and Frank Adamo. 10 i-.}. - 6 - Mr. Adamo submitted a letter from Mr. Lyle Morton, -to f.8M Mr. Fitzgerald of the Zoning Board of Appeals, dated October 14, '-- 1968. Mr. Adamo stated the application of Mr. Miller presents no hardship. Mr. Adamo presented 25 1etters,in objection, by people who resided in Assembly Point. Mr. Judge objected to this since these people are not present at this meeting. (21 letters presented by): Walter Enge1ert, Clayton Veeder, George M. Ernst, Charles F. Adamson, Monroe C. Gridley, / v Mario Bonaquest, Donald Gsoyer, Bert Harris, Marie m.·cLausen, Mr. \.-- ¡ / r..-. 'f". Philip Peck, Mr. Marsa!4~s, Edward J. Brown, Mrs. John Roach, J ~ Robert L. Walden, Mr..ca so I\JI_~ Joan l\lonall.;i9~, C.W. Christopher, / \" . Rosemond Yourd, C.M. Young. ßc"'+ \-\o."I'\Y"\~~<.>¡.-.., G-'€' "-c:.i-<:cJJ-e. c::!1. \./e(.)....L) t::: p'ú.J A\-t'-f<:.lhde(,~G¡r1 the Assembly Point Association by Mr. Iv Mr. C~nner, Dorothy Black, j\\r'S H<t tì'~1 ç cU" Y o/.Jv"'~ A letter sent to Adamo was presented also. Mr. Cipo110 stated that the board was trying to make a conformity out of a non-conformity. The Chairman asked once again for an adjournment unti the meeting in November when the Town Attorney's decision will be known. Mr. Judge then stated that Mr. Miller has held off the variance although hardship is obvious, but now he is not so sure the variance is necessary. After more discussion, it was decided by the board and parties inv61ved, that this would once again be presented at the hearing of November 20th. ,,-. to ,5': - 7 - After the conclusion of the public hearings, Application \- for a Variance #65 by Prince Floor Covering on the south side of Quaker Rd. for permission to erect a sign. After discussion upon motion duly made, seconded and carried unanimously, this was sent to the Planning Board for their report and set for a public hearing on November 20, 1968. The next Application for a Variance #66 by Cummings & Company at the Zayre Shopping Center to erect signs was presented. After discussion upon motion duly made, seconded and carried ;-0 '\- h ... P\ 0.. nn , n ~ Q.. C> '"'- 'C'C,.Q unanimously, this was sentß for a public hearing on November 20, 1968. There being no other business to come before the meeting, upon motion duly made, seconded and carried unanimously, the meeting was adjourned. -- ( ~ .) ~.l{~ Secretary ~~- '-..-