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1969-07-16 / c- 'Y. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on July 16, 1969, at 8:00 p.m. Those present were: George Kurosaka Jænes I:eller Charles Sicard Allison Ellsworth The minutes were approved as read. In the absence of Mr. Fitzgerald, Mr. Kurosaka acted as chairman. The first item of business was consideration of Special Permit #11, Sky Ride at Animal Land, requested by Robert Leavitt as agent for Paul Lukaris, for permission to operate a sky-slide at Animal Land on Route 9. Mr. Lukaris submitted pictures and a brochure describing the operation. Mr. Keller questioned the parking facilities and the capacity for same. Mr. Charles Kurutz, owner of a similar operation in Jay, New York, described the use of the slide. There were no other questions or people in opposition. The Board returned the request to the Planning Board for review and tabled a decision until the next meeting of the Zoning Board of Appeals. Mr. Kurosaka read the notice of public hearing for the application #107, for a variance of CHRIS DRELLOS, who wis~es to establish a Mobile Home Court partly in an R3 district and partly in an R4 district on the property situaù.àd on the North Side of Luzerne Road between East Drive and Mandiao's, about 45 acres now belonging to H. Russell Harris in the Town of Queensbury. Appearing for '- - the application was Mr. Drellos and H. Russell Harris who explained the plot plan to the Board and advised that the court would hold about 160 trailers. When questioned by Mr. Keller about water, Mr. Drellos replied that he under- stood water by the Town of Queensbury will be piped through that area next fallånd that the åewage system had to be approved by the Health Department. Mr. Keller advised that an undertaking like this would have to be approved for a large scale development to which Mr. Drellos replied it was his intention to have an architect plan same. Mr. Ellsworth questioned the assessment per unit and Mr. Drellos answered about $1500 to $2000 for each. Mr. Keller questioned the period of time to be involved in the develop- ment and Mr. Drellos replied that hè would expect no more than two years. There were several in opposition to the proposal including Reggie A¡den, Mr. and Mrs. Thomas Trombley, Richard A. Guyette, Mr. and Mrs. John Daly, Mrs. Eleanor Quaakenbush, Mr. and Mrs. Ernest J. Alden, Mr. and Mrs. Ernest Alden Sr., and Pliny Tucker. After listening to the opposition, Mr. Keller asked the group ~hether they would consider a l60-unit mobile home court over which the town would exercise some control, preferable to the same number of trailers scattered allover the community. After further consideration the Board: RESOLVED: Application for Variance #107 by Chris Drellos to establish a Mobile Home Court partly in an R3 district and partly in an R4 district on the North Side of Luzerne Road between East Drive and Mandigo's be approved being that it is in general harmony with --- /Ss, . /6-0. the development in the area and pending Zoning Board and Planning Board approval of the large scale devel- opment plan. Tabled until the next meeting was application for Variance 1109 of Otto and Elizabeth Schweikhart who wish to sell a portion of their property thereby creatina a non- conformina lot on the property situated on the West side of Route 9 at Miller Hill, Town of Queensbury which involves what at one time was a bakery. Mr. Kurosaka read the proof of publication and the Board listened to Messrs. Bernard McPhillips and Michael O'Connor appearing on behalf of Mr. and Mrs. Schweikhart (who were also in the room.) Mr. McPhillips, pleading hardship for the owners, gave a history of the business of Otto's Bakery Shop and Motel business and told the Board that because of Mr. and Mrs. Schweikhart's age and health, they had to discontinue the bake shop; they do not wish to make further investment and would like to be free to sell that portion of their property. Dividing the property would jeapordize the location by taking away the driveway and other land for a swimming pool for the Motel. Selling the bake shop to the right party could control the use to an office and would be compatible with the businesses in the area in general. When questioned by Mr. Keller if the Schweikharts have a prospective buyer, Mr. McPhillips replied, "Yes," but was not at liberty to disclose the name. Mr. Keller again questioned future control (supposing something happened to the Schweikharts) and Mr. McPhillips replied that -- /6-7. - something with restrictions as to the use of the property could be incorporated, thereby eliminating businesses like MacDonald's. Mr. Ellsworth asked of this type of testriction were possible and Mr. Sicard suggested more control with a lease than an outright sale. Mr. Keller reported that the Planning Board had disapproved the plan as it involves both lot size and frontage. Mr. Kurosaka then read proof of publication for application 1110 for a variance by ATLANTIC RICHFIELD COMPANY who wish to build a aasoline service station in an Hl District on the property situated at the southeast corner of Ridae Road and Quaker Road in the Town of Queensbury. This, too, was tabled until the next meeting. Appearing for the application was Wayne Judge, attorney, who stated a fine interpretation of the law claiming the request should be for a special permit rather than a variance since Ml zoning is " permitted use" and a variance is required - only when exception to the ordinance is needed, further substantiating that special permission is necessary only to prove compliance with statutory standards. Mr. Judge asked, therefore, for a special permitted use, not a variance, advising the Board that the building would be an $80,000 transaction which would add to the tax rolls of the Town. He submitted plans which would comply with all the require- ments of the statute. Appearing in opposition were Mr. Robert Broughton who read a letter requesting it be made a matter of record, and William H. Pateman, 2 Meadow Lane, who submitted a petition I/:>-g. with 24 signatures. The letter and petition follow: "Zoning Board of Appeals Town of Queensbury Queen.bury Town Office Building Glens Falls, New York 12801 Attention: Mr. James W. Keller, Secretary July 16, 1969 Gentlemen: With regard to the request by Atlantic-Richfield Company for a variance to build a gaøoline service station on the Southeast Corner of Quaker and Ridge Roads, the Directors of Broughton Corporation strongly oppose varying the original intention of the Queensbury Planning Commission and the persons responsible for zoning the area east of Ridge Road bordering on both sides of Quaker Road. The area in which Broughton Corporation is situated has been designated for light industrial companies with the hope and intention that our company:would be the first of several through the years to develop a large industrial park which would extend as far north as the Airport. This area is unspoiled to date and free of the commercial sprawl found to the west of Ridge Road on Quaker. The granting of a variance for any gasoline station to build east of Ridge Road would mean that such an industrial park would have to accept a service station at the entrance. We are certain that potential in- dustrial investors of Queensbury land and improvement would not take kindly or feel secure after seeing the original zoning ideas so soon disregarded. Broughton Corporation has gone to a great deal of extra expense at the outset and taken particular effort to maintain the type of building and grounds in which the Town of Queensbury can be most proud. We sincerely hope that the Zoning Board of Appeals of the Town of Queensbury does not allow this variance. Very truly yours, Robert W. Broughton, Vice President Broughton Corporation RWB:D" -- "We the undersigned being property øwasrs or residents of the area described, within the area of Quaker Road and Ridge Road, Town of Queensbury hereby register our objection tèl:·the commercial development and in particular to the erection of a gas station at the Southeast corner of said intersection. We object to the granting of any variance at the location of IS- ? Ridge Road and Quaker Road, Town of Queensbury, Warren County, New York. .!l!J! William H. Pateman Veronica Spellman William O'Connor Alexina M. Stewart Charles Hudy Marie Hudy Mildred Harder Kathleen M. Pateman A. C. Johnson James J. Frasch Faith Frasch Patricia Dempsey Orson C. Beaman Myron E. Averill Patricia G. Firth S. R. Wilson Mildred Wilson James MacNaughton Mrs. James MacNaughton Herbert J. Kane Jr. Margaret W. Kane John C. Rumpf A. Rumpf Jack W. Carson ADDRESS DATE - 2 Meadow Lane 369 Ridge Road 369 Ridge Road 4 Meadow Lane 10 Meadèw Lane 10 Meadow Lane 370 Ridge Rd. 2 Meadow Lane 1 Meadow View Rd 9 Meadow Drive 9 Meadow Drive 11 Meadow Dr. 4 Meadow Drive 16 Meadow View Rd 1 Meadow Drive 388 Ridge Rd 388 Ridqe Rd 5 Meadow Dr 5 Meadow Dr. 1 Meadow Lane 1 Meadow Lane 9 Meadowview Rd 9 Meadowview Rd 6 Meadow Lane July 11, 1969 July 11, 1969 7/11/69 1/14/69 7/14/69 7/14/69 7/16/69 7/16/69 7/16/69 7/13/69 7/13/69 7/13/69 7/14/69 7/14/69 7/14/69 7/14/69 7/14/69 7/14/69 7/14/69 7/15/69 7/15/69 7/~6/69 7/16/69 7/16/69" Mr. Keller read a letter from Ethel and Ray Wynn: "July 10, 1969; Mr. Keller -- Please note for the records that we are located across the road from proposed gas station and we have no objection to same. Ethel & Ray Wynn" Proof of publication of ~DDlication #112 for a variance of J",mes A. M"'XnAs who .i.hAs to convATt '" motA] into 4 apartments, creatinq a multi-family dwelling in an R4 district on the property situated at Birch Road. Glen Lake, known as Ripplinq Waters in the Town of Queensburv was then read by Mr. Kurosaka. Appearing on behalf of the application was Attorney William Kenneally who argued that the use would be more desirable than the present operation and said most -- //"- / / J roo. property owners in the area favored the idea. It would bring the use of the property from seasonal to year-around. Mr. Maynes was in the room to answer any questions. There was no opposition except a letter read by Mr. Keller from Maurice R. Cheyette of New York City: " Maurice R. Cheyette Attorney and Counselor at Law 5S Liberty Street New York July 11, 1969 Mr. James W. Keller, Secretary, Zoning Board of Appeals, Town of Queensbury, Warren County, N. Y. Queensbury Town Office Building, Bay & Haviland Roads, R. D. 1, Glens Falls, New York 12801. Dear Mr. Keller: Re: Application for Variance of James A. Maynes I received your notice of public hearing on the ap- plication for a variance for conversion of a motel into a multi-family dwelling, which hearing is set for July 16, 1969 at 8 P.M. As it will not be possible for me to attend the hearing I am writing to express my view with respect to the appli- cation. Glen Lake is a private, residential lake, and with limited business use by one or two persons, it has retained its character for the forty years or so that I have main- tained our Sum8er place there. I believe that the character of the Lake should not change which I fear it would by making it a second Coney Island, such as Lake George has become. ---' The use of the property by the applicant for a motel ought to be sufficient to satisfy his economic requirem,ents. Making the motel into a multi-family apartment house, what with its attendant lanitary requirements, etc., etc., appears to me to be wholly unnecessary and objectionable. I, therefore, hereby register my disapproval of the application and would thank you to call my views to the attention of the Zoning / fo I. Board of Appeals and to the persons interested in this application. Very truly yours, C:c MAURICE R. CHEYETTE." Mr. Harold E. Oldham, who lives next door, spoke in behalf of the application. The Board: RESOLVED: Application for Variance #112 by James A. Maynes to convert a motel into four apartments, creating a multi-family dwelling in an R4 district on Birch Road, Glen Lake, be approved in that it is the minimum variance required for reasonable use. '-"' Mr. Kurosaka read proof of publication for application #113 for a variance of C~rl R. DeS,ntis seekina Permi~sion to increase a bulletin board 50' from 2.500 Sq. ft. to 3.750 Sq. ft. on the property situated at the end of Biq Boom Road by the Hudson River in the Town of Queensburv. Appearing on behalf of Mr. DeSantis was Wayne C. Judge, attorney, who told the board that the request was for a change "pursuant to the statute" and not an exception. It was noted that the Planning Board had approved the application and there was no opposition at the hearing. The Board: RESOLVED: Application for a variance #113 by Carl DeSantis for permission to increase a bulletin board 5~ from 2,500 sq. ft. to 3,750 sq. ft. on the property situated at the end of Big Boom Road be approved in that it is in general harmony with the area. Tabled until the next meeting was the application 1114 for a variance of MerWYn Pasco who wishes to place a sian less than 50 ft. from front R.O.W. line on the property situated on the west side of Bay Road. south of Cronin Road in the Town of Queensburv for which proof of publication was read by Mr. Kurosaka. Mr. Pasco and Mr. Hoffman of Signs of Progress appeared on behalf of the application. Mr. 1~2. ~ Hoffman stated that the sign conforms in everything except the setback. Mr. Keller advised that the Planning Board had disapproved the application. Mr. Sicard questioned lighting. There was no opposition. Because of the absence of a Zoning Board of Appeals member, the Board could not reach a majority decision. Application #115 for a variance of Interstate Bakeries, Inc. seeking permission to place a 4 x 8 ft. sign closer to front property line than 50 ft. on the property situated at the south side of Quaker Ro~d in a C-3 district. Town of Queensbury was noted as having proof of publication. Appearing for Interstate were attorney William Kenneally and James P. Sullivan, manager of the bakery. Mr. Kenneally requested the Board to give favorable consideration, pleading hardship for the bakery. There was no one appearing in opposition. The Board voted with Messrs. Kurosaka, Sicard and Ellsworth for and Mr. Keller against: RESOLVED: Application for Variance #115 by Interstate Bakeries, Inc. to place a 4 x 8 ft. sign closer to front property line than 50 ft. be ~proved with a 15 ft. setback being that it will be in general harmony with the area. The next item of business was application #119 of Ovide R. Prince. Jr. who wishes to erect an addition to present building less than required distance from property line. The Building is to be used as a warehouse on the property situated at the south side of Qua~er Road, known as Prince Floor Covering located in the Town of Queensbury. Mr. Kurosake disqualified himself from the Board and asked for a special hearing to be set at 8:00 on July 30, 1969. This was accomplished. J ~ 3. Mr. Walter Stamper appeared on behalf of the application 1108 for a variance of Glens Falls National Bank and Trust '-- Co., Queensbury Branch for relocating a sign nearer to front property line than 50 ft. due to State widening of Route 9 on the property situated at the corner of Route 9 and LaFayette Street, Town of Queensbury and Mr. Kurosaka read the proof of publication. There were no appearances in opposition. The Board: RESOLVED: Application for Variance #108 by Glens Falls National Bank & Trust Co. to relocate a sign nearer to front property line than 50 ft~ due to widening of Route 9 by the State be approved in that it will be in general conformity and less non-conforming. Application #116 for a variance of Casual Villaae, Route 9. seekina permission to locate a sian less than 50 ft. from property line due to state widenina Route 9 on the property situated on the east side of Route 9, south of Queensburv Shoppina Center, Town of Queensbury was the next proof of publication read by Mr. Kurosaka. It was noted that the Planning Board had approved the application. Mr. Hoffman of Signs of Progress appeared on behalf of the application. After Mr. Sicard'ques~ioned if there would be any physical change in the sign, the Board resolved with Messrs, Kurosaka, Sicard and Ellsworth voting for and Mr. Keller against: RESOLVED: Application for a Variance #116: by Casual Village for permission to locate a sign less than 50 ft. from property line due to State widening of Route 9 be approved in that it will be in general harmony with the area providing no other signs be erected on the premises. Proof of publication was established for application #117 for a Variance of Lafayette Radio and Electronics, / Ct> J.j, Route 9, seekina permission to locate a sign less than 50 ft. from property line due to state widening of Route 9 on the property situated on the east side of Route 9 south of Queensbury Shopping Center, Town of Queensbury. Appearing for the application was Kenneth Christiansen and there were no appearances in opposition. The Board: RESOLVED: Application for a Variance #117 by Lafayette Radio and Electronics seeking permission to locate a sign less than 50 ft. from property line due to state widening of Route 9 be approved in that it will be less non-conforming and in general harmony with the area. The final item of business was consideration of application #118 for a variance of Parson's Ford who wish to move a si~ to a new locàtion in back of the new R.O.W. line. caused by the widenina of Route 9. The property is situated on the west side of Route 9 known as Parson's Garaae. Town of Queensburv. Proof of publication was noted. Mr. Hoffman of Signs of Progress appeared in behalf of the application and there was no opposition. The Board: RESOLVED: Application for a variance #118 by Parsons Ford for permission to move a sign to a new location in back of the new R.O.W. due to State widening of Roüte 9 be approved in that it will be in general conformity with the area. On a motion by Mr. Sicard, seconded by Mr. Keller, the meeting was adjourned. ~ -(} m€0 lv- 1) -t:;\\if Secretary '--.-