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1970-05-20 ;{ J. 8'. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on May 20, 1970 at 8:06 p.m. There were present: John Fitzgerald James Keller Charles Sicard Allison Ellsworth being the members of the board, excepting George Kurosaka who was absent for this meeting. Mr. Fitzgerald, the chairman, asked in the interest of time (lengthy agenda) that the secretary dispense with the reading of the minutes of the last meeting. Motion was made by Mr. Sicard, seconded by Mr. Ellsworth, and carried unanimously. In the matter of old business, Mr. Fitzgerald read the proof of publication for application for special permit #19, SKI AND SHORE CORPORATION. Mr. Fitzgerald, uAs I recall, this is a special use for the erection of a gas filling station on the south side of Gurney Lane, C-3 zoning, permitted special use in that zone. We took this up at our earlier meeting and it was referred to the County Planning Board.u Mr. Keller read a report of the Planning Board's action: "Comments: This Board has never received for approval or review, the original application for a change in zoning classification to C-3, on the parcel owned by Ski & Shore Corp., therefore disapprove the present application for a special use permit in an area which the Board feels should be classified as an R.3 district in conformity with the surrounding area." .:(~ 9. There were no appearances for Ski and Shore Corp. Dr. Hughes of Queensbury, appearing against the application, asked for a point of clarifioation. "The County Planning Board does not agree that this is C-3. There is controversy as to what this is zoned. For the record, a C-3 zone is out of order." Mr. Fitzgerald, "This is not our province. This is not something that we can take care of. It was re-zoned in March 1970. The County Planning Board is questioning the legality of re-zoning....." Dr. Lester Huested, appearing against the application, made a plea for control of pollution, describing the effects of phosphates on the environment. He submitted a tree-hand map and described the areas that would be effected by added pollution. Mr. Louis Carusone made an impassioned speech substantiating Dr. Huested's words. Also appearing against the application was Mr. Robert Barber, committeeman for the 5th District who told the board he had been deluged with phone calls and visits by constituants in the Glen Lake area. Also wishing to go on record as opposing were Drs. Bartholomew, Hughes, and Barber, Mrs. W. H. Robinson, Mr. Robert Swan and a total of 18 in the audience (by show of hands). The Board: RESOLVED: application for special permit No. 19 by Ski and Shore Corporatio~ to erect a gasoline service station at the south east corner of Gurney Lane and West Mountain Road be disapproved in that the application does not meet the requirements of the Town of Queensbury -- 230. ZonDg Ordinance Section 5.505 (b) as amended on April 9, 1970, and that the proposal is not in general harmony with the general purpose and intent of this ordinance. The next matter of old business was review of appli- cations 155A, B, & C for Boardman's Ltd, Queensbury Furni- ture, and Fairbanks Furniture Manufacturing Company, re- spectively. Appearing for these requests was Robert Morris who said, "We made a presentation at the last meeting and set forth the reasons that the applicants feel are necessary. The front line is already 70 ft. and another 50 ft. would locate the sign 120' from the road into a wooded area and would create a traffic hazard." He submitted pictures showing approximately where the sign would be located, attempting to substantiate the plea of hardship locating a full 50 ft. back from the front line. He stated, "I would like to mention that this '3 in l' sign was recommended for improving visual enjoyment." Mr. Keller, "What about the existing sign which is a violation of the Town Ordinance?" Mr. Morris, "They would take down the old sign and erect a new one." The County Planning Board turned down all 3 applications _. on no evidence of a hardship being shown. There were no further questions from the board and no other appearances. The Board: RESOLVED: application for a variance No. 155 A by Boardman's Ltd. to erect a sign closer than 50 ft. to the Right of Way on property located on Quaker Road be approved located 15 feet from the R.O.W. in that this is the minimum variance necessary for reasonable use of the land. ;¡3J. RESOLVED: application for variance No. 155B by Queensbury Furniture to construct a sign closer than 50 feet to the Right-of-Way on property located on Quaker Road be approved located 15 feet from the R.O.W. in that this is the minimum variance necessary for reasonable use of the land. RESOLVED: application for variance No. 155C by Fairbanks Furniture Manufacturing Co. to construct a sign closer than 50 feet to the Righ-of-Way on property located on Quaker Road be approved located 15 feet from the R.O.W. in that this is the minimum variance necessary for reasonable use of the land. In the final matter of old business, proof of publi- cation read by Mr. Fitzgerald, application for variance No. 153 by EDWARD A. WARDWELL. DBA UNITED RENT-ALL. to construct buildings closer to the side property line in a . ~-2 ~one on property located at 684 Upper Glen Street, it was reported that the County Planning Board has recom- mended approval and concurs with Queensbury. Town Planning Board. The Board: RESOLVED: application for variance No. 153 by Edward A. Wardwell, DBA United Rent-All to construct buildings closer to the side property line in a C-2 zone on property located at 684 Upper Glen Street been approved as applied for in that a substantial difficulty exists, that would deprive the owner of the reasonable use of the land. Moving on to new business, Mr. Fitzgerald read proof of publication for application for variance #157-V of DR. - BERWIN F. MATTISON for a setback of 20' instead of 30'on the property situated at Brayton Lane. Town of Queensbury. Appearing for Dr. Mattison was Wesley Benware, contractor, who said the reason is because of an existing septic tank system. It would bring it too close to the house. Mr. LeRoy Phillips recommended approval saying that the 20 ft. setback would be in line. More than that would mean :< 3:<. removing some very beautiful trees. Mr. Keller reported that the Town Planning Board had approved the request. The Board: RESOLVED: application for variance No. 157 by Dr. Berwin F. Mattison to construct a garage 20' from the front property line be approved in that a hardship exists. Application for variance 158V by HORST SCHOENHOFF for an automobile repair anà service and new and used and/or new car lot on the property situated at Bav Road and Farm- To-Market Road. Town of Queensburv was the next item of business for which Mr. Fitzgerald read proof of publication and for which he advised the assemblage that he would not participate in the decision regarding this request. Appearing for Mr. Schoenhoff was Richard McLenithan of McPhillips, Fitzgerald and Meyer, attornies, who told the Board that it was his understanding that the present use of the property was a non-conforming use. It is his client's contention that he would be going to a lesser non-conforming use. The business would not create any problems with regard to traffic, and would not deviate too far from the Master Plan. Mr. Ellsworth questioned its being less non-conforming and Mr. Keller asked about the specific use - is it to include the selling of gasoline? Mr. McLenithan replied, "Repair of foreign cars." Mr. Keller asked if the building was large enough to house the normal storage for cars being repaired and if the only cars outside would be for sale. He also remarked that the ..( 33. building is relatively close to the road and questioned the area to be used for display of cars for sale. Mr. McLenithan replied, "In the rear lot." The County Planning Board recorded that it was not within their jurisdiction. The Town Planning Board dis- approved the application. Appearing against the application were John Whalen, William Walkup, Frank Bubb, George Moon, & Mrs, William Walkup. Mr. Phillips stated that if the variance were granted, a special permit would be required for the business use. 60' of the bordering neighbors would have to sign a petition. There were no other appearances. The Board: RESOLVED: application for variance No. 158 by Horst Schoenhoff to operate an automobile repair and sales on property located at Bay Road and Farm-To-Market Road be approved for automobile repair with less than five vehicles on the premises at any time in that this is the minimum variance necessary for reasonable use of the land. Automobile sales is not approved. The final item of business was the reading of proof of publication for application for vatiance:#159-V of WAYNE MECHANICK for automobile repair and service and used car lot on the proPerty situated at Luzerne Road, Town of Queensbury. There was no one appearing on behalf of the application. Mr. Keller reported that the Town Planning Board had disapproved the application. Appearances against the application were Richard and Carol Threw, Mrs. William Threw, Mrs. William Bennett and Carol Carpenter. Mr. Sicard asked how many cars were on the lot now to 23~ which Miss Carpenter replied, "4 - He fixed one up and sold it." The Board: RESOLVED: application for variance No. 159 by Wayne Mechanick to operate an automobile repair service and used car lot on property located on Luzerne Road be disapproved in that insufficient grounds for granting a variance have been shown. There being no other business to come before the meeting, upon motion duly made, seconded and carried unanimously, the meeting was adjourned. Secretary ~