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1969-11-19 / <;(2. "'--- MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on November 19, 1969, at 8:00 P.M. There were present: John Fitzgerald James Keller Charles Sicard George Kurosaka Allison Ellsworth being the members of the Board. Minutes of the previous public hearings held on October 15, 1969, were presented to the Board and upon motion by Charles Sicard, seconded by George Kurosaka were approved. The first order of business for which Mr. Fitzgerald read the notice of publication was for Special Permit No. 13 to consider the application of POST 6196, V.F.W. TOWN OF QUEENSBURY, to establish and maintain a private club on the property situated at the southeast corner of Rich- ardson Street and Luzerne Road, Town of Queensburv (property owned by Clarence Daggett). James Keller furnished a plot plan for the board and advised that it was for a permitted special use. He also noted that the Planning Board had approved the application. Appearing for the application was attorney William Canale. When Mr. Fitzgerald asked the members of the Board for any questions, Mr. Keller advised that it is an existing non-conforming building. Mr. Canale submitted a picture of the premises. Mr. Ellsworth asked if it was used as a meeting hall to which Mr. Canale replied affirmatively, further stating that in the future, they planned to apply '~ 18'3. for a club bar license. Mr. Kurosaka wondered about a parking problem. There were no appearances against the application. There were no further questions from the Board. The Board, therefore, RESOLVED: application for special permit No. 13 by the Town of Queensbury Post No. 6196, Inc. Veterans of Foreign Wars, Department of New York, to use an existing frame structure on Luzerne Road as a post home and private club be approved as applied for being that the variance is the minimum necessary to provide for reasonable use of the land. Mr. Fitzgerald then read proof of publication for Special Permit No. 14 by SUN OIL COMPANY to operate a gasoline service station on the property situated at the northeast corner of Glenwood Avenue and Route 9, Upper Glen Street, Town of Queensburv, and application for variance #136 by SUN OIL COMPANY to construct a new service station in place of a present station, less than 50 ft. setback from rear property line and less than 20 ft. from the side property line. The widening of Route 9 has made it necessary to move this station on the property situated at Glenwood Avenue and Route 9, Town of Queensburv. Richard Cronin, representative from Sun Oil Company out of the Albany District, appearing on behalf of Sun Oil, submitted blue prints for a colonial type building. He told the Board that it was Sun Oil's plan to construct a more modern looking station and submitted an architect's concept of a colonial station. He said they had appeared before the Planning Board and received unanimous approval. The Planning Board did suggest landscaping, but Mr. Cronin wanted to go on record as questioning the use of shubbery 7 8' tJ. because of the smallness and depth of the property. He also submitted actual building plans for the station. Appearing in opposition was Richard Farleigh of the Spotlight Printing Company, an adjoining property owner, who felt the building would be too close and also complàined about the junk cars presently on the premises. He stated the neighbors had contacted the Sheriff's Department re- garding the removal of these cars. Mr. Cronin replied that Sun Oil tried to do the best job in complying with the ordinances but sometimes the lessee does not always adhere to regulations. Also appearing for the applications was Jack Kokoletsos, son of the property owner, who pleaded hardship. The Board: RESOLVED: application for special permit No. 14 by the Sun Oil Company to construct a new three bay gasoline station at the intersection of Glenwood and Upper Glen be approved subject to approval of the Queensbury Beautification Committee of final con- struction plans. This approval is in no way to be construed as applicable to future expansion or sign construction. RESOLVED: application for a variance No. 136 by Sun Oil Company to erect a gasoline service station 5' from the rear property line and 17' from the sid e property line is approved as applied for being that the variance granted is the minimum required for reasonable use of the land. Mr. Fitzgerald's reading of the proof of publication of application for variance #135 disclosed that the GLENS FALLS SAVINGS AND LOAN ASSOCIATION wished to erect a sian 4 x 22 ft: 38 sq. ft. inexcess of the 50 sq. ft. permitted on the property situated at Northqate Shoppinq Center, Town of Queensburv. Appearing on behalf of the application was Tom Griffin who submitted pictures of other signs in the 7 g- õ. Northgate Plaza and stated that the sign would be lighted under normal conditions. Upon questioning from Mr. Sicard regarding "normal conditions", Mr. Griffin replied it meant during business hours. When Mr. Fitzgerald asked for other appearances for or against, there were none. Mr. Keller advised that the Planning Board had approved the application. The Board: RESOLVED: application for variance No. 135 by the Glens Falls Savings and Loan to construct a sign at their new location at the Northgate Shopping Center be approved for construction 60 sq. ft., being a hardship exists. The next item to be considered, proof of publication read by Mr. Fitzgerald, was application for variance No. 137 by HAROLD E. VAUGHN who wishes to construct a house on an existina foundation. less than 5 ft. from the side property line on the property situated at 127 River Street in an M-2 zone, Town of Queensburv. Appearing for the ap- plication were Mr. Vaughn and Mr. Diminsky, an adjoining property owner. There were no other appearances. After questioning from the Board - Mr. Kurosaka's regarding another name for the street and Mr. Ellsworth's questioning of the kind of property - there were no further questions and the Board: RESOLVED: application for variance No. 137 by Harold E. Vaughn to erect a single family dwelling 4'10' from the side property line be approved being a hardship exists. Proof of publication was then established for the application for variance #138 by CHARLES H. ATWELL who wishes to erect a free standina sian in an R-3 district, '- /8'fo. less than 50 ft. from the front property line, on the pro- pertv situated at the west side of West Mountain Road, Town of Queensbury. Appearing for the application was Charles H. Atwell who was questioned by Mr. Fitzgerald regarding the location and his removal of the existing sign. Mr. Atwell replied he would like a similar sign and would leave the existing one. Mr. Keller wondered if the present sign could be seen from either direction. Mr. Sicard questioned its alignment with the existing sign. Mr. Kurosaka thought it would crowd the driveway. There were no other appearances. The Planning Board disapproved in that there was insufficient information. The Board: RESOLVED: application for variance #138 by Charles H. Atwell to erect a sign 21 ft from the front property line be disapproved in that no grounds for granting a variance have been shown. Mr. Fitzgerald established proof of publication by reading the application for variance #139 by CARROL'S DEVELOPMENT CORPORATION who wish to construct an addition to their present buildina, 44 ft. from the property line, beina less than 50 ft. ~ermitted on the property situated at Northaate Shoppinq Center, Town of Queensburv. Mr. John Brewster from the head office of Carrol's Development Corp. appeared on behalf of the application stating that the proposed building, an addition to the present store, would be 8'6" by 29' on both sides of the present structure. Mr. Fitzgerald questioned the cutting of parking facilities, by this expansion, to which Mr. Brewster replied, "two." Mr. Keller said there was no mention of a sign and advised that this application would not include a sign, further advising that it would have to be a separate application. J ~ 7. Mr. Fitzgerald stated that this would have no bearing on the expansion program and any change of sign would have to be approved due to the fact that there is at present a non-conforming sign. He again re-emphasized, saying, "I want to make it clear that this application has nothing to do with a sign." There were no other appearances. The Planning Board returned it with the comment, uinsufficient information." They would like to see it again in the light of this hearing. All they had seen was a plot plan. Mr. Brewer offered to assist in that area. The Board: RESOLVED: application for variance #139 by Carrol's Development Corporation to erect an addition 44' from the R.O.W. be approved as applied for provided that the facia not be illuminated. This approval is not to be construed as applying to any signs free standing or on the building. Application for variance #140 by RONALD N. JECKEL who wishes to conduct retail commercial sales in an M-l zone. permitted in C-2 and C-3 zones on the property sit- uated at Everts Avenue, formerly lands of Apex Construction Company, Town of Queensbury was the next item for which Mr. Fitzgerald read proof of publication. Appearing on behalf of Mr. Jeckel was Philip McIntire, attorney, who reviewed the Planning Board's objections regarding impedément of development of the residential zone across the street. He explained that the retail operation, projected as perhaps 10 per cent of the total business, would have little effect -- on its overall character. He described the operation Mr. Jeckel had in mind, saying no part of the building is being changed - the back portion to be converted to a manufacturing area involving air filters for competition motorcycles. / <¡r. Mr. Kurosaka questioned odor or pollution problems. Mr. McIntire stated that Mr. Jeckel planned to wholesale Rupp Mini bikes and trailmobiles. He is invisioning a larger industrial development employing more people. In terms of any physical appearance, he is willing to do anything to comply with any suggestions of the Planning Board, Zoning Board, Queensbury BeautificationCommittee as far as making the area pleasant in appearance. Mr. McIntire stated that he tried to talk with every person who was notified of this meeting, saying he had to counteract rumors regarding motorcycle race tracks. He presented signed statements from the adjoining property owners declaring their acquies-.. cence with the request of Mr. Jeckel. "TO THE MEMBERS OF THE ZONING BOARD OF APPEALS OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK: We, the undersigned, having been duly notified by mail with a Notice of Public Hearing pursuant to Section 9.700 of an ordinance of the Town of Queensbury entitled ZONING ORDINANCE OF THE TOWN OF QUEENSBURY, to be held on November 19, 1969, at 8 P.M. at the Queensbury Town Office Building to consider the application for a variance of Ronald N. Jeckel; And being acquainted with the proposal submitted by said Ronald N. Jeckel and with the nature of his request for a variance allowing retail commercial sales in an M-l zone; And being property owners to whom notice is r~quired; And having a genuine interest in the proceeding; DO HEREBY declare our acquiescence with the request of said Ronald N. Jeckel and do declare that we have no objections to the uses requested in said variance. S~anature Pathfinder ommunication Corporation By: Harry Barker -- Joseph Lemery Gustof H. Myhrberg Edward W. Closson Marinette V. Lemery Harold Suckman Alice Closson Raymond Suckman Clara Suckman I ~9. We, the undersigned, . . . . (continued) ',- Mrs. Gustof Myhrberg Mr. and Mrs. Karl Smith" Mr. Raymond Suckman, Mr. Joseph Lemery and Mrs. Bruce Main spoke in Mr. Jeckel's behalf. Mrs.Virginia Edwards asked whether stipulations on hours of operation could be written into the permit and whether conditions imposed would apply to any future owner. Mr. Fitzgerald replied that the Board often sets conditions and assured her that anyone acquiring property in the future could not exceed the bounds of the permit. Appearing in opposition was Peter Brown, speaking on behalf of his wife, Jacqueline Brown, owner of property across the street. They objected on grounds of possible noise and traffic. There were no further questions from the Board;the Board: RESOLVED: application for variance #140 by Ronald N. Jeckel to operate a retail sales outlet in an industrial zone be granted as applied for on a permit basis, the permit shall expire January 1, 1971, at which time a new permit must be applied for. Also no work will be permitted after the 5:00 P.M. hour which would create a nuisance. Proof of publication was established for the application for variance #141 by RICHARD SEARS who wishes to construct a storage garage for eauiPment in an R-4 zone; permitted in an M-l and M-2 zone on the property situated at Harold Harris Road, a vacant lot in the Town of Queensbur~. Appearing for the application was Mr. Sears who stated he had -- Irc f' ,I, TO THE MEMBERS OF THE ZONING BOARD OF APPEALS OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK: We, the undersigned, having been duly notified by mail with a Notice of Public Hearing pursuant to Section 9.700 of an ordinance of the Town of Queensbury entitled ZONING ORDINANCE OF THE TOWN OF QUEENSBURY, to be held on November 19, 1969, at 8 P.M. at the Queensbury Town Office Building to consider the application for a variance of Ronald N. Jeckel; And being acquainted with the proposal submitted by said Ronald N. Jecke1 and with the nature of his request for a variance allowing retail commercial sales in an M-l zone; And being propertv owners to whom notice is requited; And having a genuine interest in the proceeding; DO HEREBY declare our acquiescence with the request of said Ronald N. Jecke1 and do declare that we have no objections to the uses requested in said variance. ') .I ,/ //:7.!' ," ,) .:'ß·'( a-tt>l-~ e-~ !/, . /J 11'-- J /7 C'rLAP~av t1...,.ß 111 . v(. V. /' , . ~-j ~;~1-/ " ~~~~ ~--L~~ ; _..-._~ ,....- (/ e1-1rtÚ~ l.7 ,);,. We, the undersigned, . (continued) ~A/ ~ ~.l-k;r gd4./?!,u ,L/ µ -- - ,...., .~ \ 0 . ç :u O~ .,. ":ñ0 Ii) .. ~ m z >~ r 0 » 0 ,o'\:l::t: fII :t ë! :u <: C::'\:ItT.I z )- <Ð tT.ItT.I ( ) :II :II -i S tT.I>N Z r : ~ fII /11 c:r Z/:'"40 ~ ~ -i <Ð cncnz r Þi t;I: .. I-t ~ ( ) ~ -i c:: Z of ..... ::tI~C') ~ :II )- 00 0-<0 fII ~ Z fII C .. ~~ :< of ~ g ..... > 1.0 ~~ ~ 0\ 1.0 :u -< J91. nothing to add to the request. Mr. Sicard suggested he elaborate on the siding he was planning to use. Mr. Sears replied that it would be either enamel or galyanized. The Planning Board approved this application saying moving the quipment into the garage would enhance the property. Mr. John W. Reardon was against the application. He told the Board he and his partner were planning to develop 42 acres into a residential area of single family homes. He could not, however, furnish anything more than pre- liminary drawings. The Board studied the map with Mr. Reardon. There were no other appearances. '- The Board: RESOLVED: application #141 by Richard Sears for a variance to construct a storage garage in an R-3 zone on Harris Street be approved as applied for in that it is necessary for the reasonable use of the property. Application #142 for variance by DENNIS H. GALLOWAY who wishes to erect a sign 5 ft. from the front property line in a C-3 zone; 50 ft. are required on the property situated on the west side of Route 9. 1 mile south of route 149 in the Town of Queensbury~ was read by Mr. Fitz- gerald. It was noted that it is a conforming sign that requires just a setback requirement. Mr. Galloway, appearing in his own behalf, told the Board that they are in the pro- cess of constructing a retail store adjacent to the Smith Equipment Company and there is a definite hardship created -- between;,the existing structures. He has talked with ad- joining property owners and they are all in favor of the / 9:1. move. There were no objections, and no questions from the ~ Board. The Board: RESOLVED: application for variance #142 by Dennis H. Galloway to erect a sign 5 ft. from the R.O.W. on the Lake George Road be approved as applied for being a hardship exists. Mr. Fitzgerald read proof of publication for variance #143 of INTERNATIONAL BROTHERHOOD OF PULP. SULPHITE AND PAPER MILL WORKERS who wish to construct approximately an 18 unit multiple dwelling, less than the 600 sq. ft. required; also to extend a portion of the develoPment into an R-4 zone on the property situated on 27 acres on the west side of route 87 between AviationRoad and Dixon Road. Town of Queensburv. Appearing for the Brotherhood was Robert Tierney, attorney. He noted the apartments meet FHA requirements and asked for per.mission to allow construction of one- '-- bedroom apartments for the elderly containing less than the 600 sq. ft. minimum established by the ordinance. Mr. Sicard questioned the actual number of sq. ft. to which Mr. Tierney replied 538 per unit ("I think; I am not sure of that.") Mr. Ellsworth questioned the taxing. Mr. Tierney replied affirmatively that it would add to the assessment rolls. Mr. Ellsworth also wondered if it would be restricted '-....- to just the elderly and Mr. Tierney replied, "Part will be for the elderly and the balance will be for families with school children." Mr. Sicard, "What about sewage disposal?" Mr. Tierney, "We have our own plant and eventually it would be deeded to the township." Mr. Fitzgerald, "Are there any contingencies? Are your I 93. people prepared to go ahead?" Mr. Tierney, "Yes, there are a oouple and these are contractural but are in the process of being worked out. We have one meeting scheduled with F.H.A. next week." Mr. Cassius Miller, representing the trustees of the Methodist Church, requested permission to look at the plans for the building. He and Mr. Tierney discussed these plans. Mr. John Collins wondered how far this building would be from the Cottage Hill houses. John Reardon, appearing as a possible adjoining property holder, wondered how it connected with the adjoining property (owned by John Reardon and his partner, Robert LaPann.) Mrs. Walter Snyder, 38 Cottage Hill Road, questioned the Board about access roads and Michael O'Connor, chairman of a citizens committee to '- study need for low income housing and housing for the elderly, asked that the record Bhow that the committee favors the project and believes it is needed in the Town. Mr. Philip McIntire, appearing for the Queensbury School District, said that if the project were based on the usual tax base, the school board had no objection. There were no other appearances. The Planning Board approved with stipulations. The Board: RESOLVED: application for variance #143 by Inter- national Brotherhood of Pulp, Sulphite and Paper Mill Workers to erect miltiple dwelling units in an R-4 zone between Dixon Road and Aviation Road be approved with the under--sized units for the elderly at 538 sq. ft. Also approve erection of multiple dwelling in the R-4 zone, p~ovided that the occupancy limitation will be within the limits of future housing code. In the matter of old business, Mr. Fitzgerald dis- qualified himself from the Board and Mr. Keller acted as /9"1 chairman for the consideration of application for variance #109 by Otto and Elizabeth Schweikhart. Attorney Michael O'Connor, on the basis of new evidence, re~oved the original proposal of hardship and suggested a more conservative use of the land - to subdivide the property to create a non- conforming parcel to be used by Charles Hawley of Lake George as an office for his advertising business. There were no other appearances. The Board: RESOLVED: application for variance #109 by Otto and Elizabeth Schweikhart be approved for use as an advertising agency or similar use being that this variance is the minimum ~uired for reasonable use of the land. The Board also: RESOLVED: application for variance #126 by Clarence Daggett be disapproved in that insufficient grounds for granting a variance have been shown. There being no further business, on a motion made by Mr. Sicard, seconded by Mr. Kurosaka, the meeting was adjourned. ~P?~ W, Jdler- ecretary '''"-