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1969-09-17 /73- MINUTES of the Queensbury Zoning Board of Appeals, held "--- at the Town Office Building, September 17, 1969, at 8:00 p.m. Those present were: John Fitzgerald James Keller Charles Sicard Allison Ellsworth On a motion made by Mr. Fitzgerald, seconded by Mr. Sicard, the minutes were approved as read. Mr. Fitzgerald, the chairman, read the notice of public hearing for application for variance #125 by ALLAN R. MARTINDALE, 22 Hillcrest Avenue, who wishes to construct a private garage, 4'6" from side property line, minimum distance required being 5 feet on the property situated at 22 Hillcrest Avenue, Town of Queensbury. Mr. Martindale appeared on his own behalf. There were no objections. Mr. Fitzgerald questioned the board and observed that it was a case of practical difficulty with obviously no land avail- able. Mr. Keller advised that the Planning Board had re- turned the report with no comment. The Board: RESOLVED: Application for variance #125 by Allan R. Martindale to erect an attached garage within 5 feet of the side yard setback on a lot located at 22 Hill- crest Avenue be approved as applied for in that a practical difficulty exists in the use of the property. Mr. Fitzgerald then told the board that R. Case Prime, attorney for Clarence Daggett in his application for a "'--' I 7"1, variance No. 126 to change a non-conforming use restaurant to a non-conforming use warehouse in an R4 zone on the property situated at Richardson Street and the Luzerne Road, Town of Queensbury, had asked for adjournment to the October meeting and was waiving the 60-day period for board decision. Mr. Keller reported that the Planning Board had disapproved the application in that sufficient grounds had not been shown. Mr. Fitzgerald moved that it be postponed (seconded by Mr. Ellsworth) since the applicant had not had reasonable opportunity to present his case. Mr. Fitzgerald then read proof of publication for application for variance #127 by SOLAR DEVELOPMENT CORP. who wishes to locate a 32 sq. ft. sign on the property line along Weeks Road, 100 feet from Route 9 on the pro- perty situated at the northwest corner of Route 9 and Weeks Road, Town of Queensbury. There were no appearances for or against the application. Mr. Keller advised that the Planning Board had suggested approval for a one year period depending on the condition of the road. The following letter was read for the record: "Town of Queensbury Bay and Haviland Queensbury, N. Y. Gentlemen: Solar Development Corp., the builders of Robert Gardens, have my consent to install a 4' x 8' sign, along my property line on the north side of / '76-. Weeks Road. Very truly, H. W. Ettinger" Mr. Fitzgerald commented on the legality of erecting a sign on someone else's property and stated that the board should not attempt to make a decision on a legal matter; further advising that the board has no power to encroach on private rights. The Board: RESOLVED: Application for variance #127 by Solar Development Corp. to erect an advertising sign closer than 50 feet to the property line on Weeks Road be approved on a temporary basis, permit expiring October 1, 1970, providing consent of the property owner is obtained. Mr. Fitzgerald then disqualified himself from the board in the matter of old busines regarding application #109 of Otto and Elizabeth Schweikhart, stating that Mr. O'Connor, attorney, requests that the discussion be held over to the October meeting since he has not been successful in negotiating with the tenants. The meeting was adjourned. ~ o.rm~ W. 1J ~lL€r U Secretary '-'