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1970-08-19 ~~~. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on August IS, 1970, at 7:30 p.m. There were present: James Keller Charles Sicard George Kurosaka Allison Ellsworth being the members of the board, excepting John Fit~gerald who was absent for this meeting. George Kurosaka acted as chairman in Mr. Fit~gerald's absence. On a motion by Mr. Sicard, seconded by Mr. Keller, the board dispensed with the reading of the minutes of the previous meeting. Because the Town and County Planning Boards have not had a quorum for a month, no action could be taken by the Zoning Board of Appeals at this meeting. All applications were heard but decisions were reserved until the third Wednesday in September. Mr. Kurosaka read proof of publication for Special Permit #20 to oonsider, the application for a varianoe of SUN OIL COMPANY to plaoe a gasoline service station on the property situated at the corner of Dix Avenue and Quaker Road in the Town of Queensbury. At that time, there was no one to represent Sun Oil. It was noted that someone would appear but would be late. Mr. Kurosaka went on to the next application, reading '--' proof of publication for the variance of LEONARD DUFOUR requesting to construct a garage with a 20' front setback instead of 30' required in an R-4 ~one on the property situated at Sunnyside North, R. D. #1. Town of Queensbury. ~ tJ-1. -2- There were no appearances for or against the application. Mr. Keller questioned Mr. Roy Phillips regarding the application: Mr. Keller: How far is the house setback from the road? Mr. Phillips: 70-75 ft. on a steep bank. Mr. Keller: Do you feel it would be a practical difficulty? Mr. Phillips: He would have to fill in, Mr. Keller: How much drop? Mr. Phillips: Must be 20 ft. Mr. Kurosaka continued with the next reading of proof of publication for application #171 for a variance of THOMAS JACOBS. DBA' INSIDE EDGE SKI SHOP to place a free standing sign with a 15' front setback instead of 50' as required on the property situated at 253 Bay Road. Town of Queensbury. (Description of location revealed it was formerly Nobles Bicycle Shop.) Mr. Jacobs appeared on his own behalf, saying, "The neighbors in the area have spoken to me and ~~ they had no objections to the sign and said they would not be here this evening." Mr. Kurosaka: It is a conforming sign except for the location? Mr. Sicard: Have you taken over the entire building? Mr. Keller: \Will the present sign be used? Mr. Jacobs: No, it will come down. Mr. Keller: The R.O.W. and edge of the pavement -- are not the same line. What kind of setback are you requesting? ;~~ -3- Mr. Jacobs: The neighbors are not complaining. Mr. Keller: It is the ordinance that rules, not the neighbors. On what grounds are you requesting this variance? Mr. Jacobs: To put in an attractive, but visible sign. Mr. Phillips: If it were øet back any farther, it would be invisible. It would be too far back in his driveway. I viewed the property. The sign would be just inside the sidewalk. There were no objections. The next item of business was Mr. Kurosaka's reading proof of publication for application for a variance #172 by EU8ENE J. LUCIA requestinq to convert an existinq barn into an antique shop in an R.3 zone on the property situated on Bay Road. Town of Queensbury. Appearing on his own behalf was Mr. Lucia. Mr. Kurosaka: I take it you are going to convert this barn into a building? Mr. Keller: Just where is this building? Mr. Lucia: North of the Y camp. I have pictures if you care to see them. Mr. Kurosaka: Is it an A frame sign? Mr. Lucia: It would be a movable sign. I would put it out in the morning and take it in at night. There were no other questions from the board. Marilyn LaFevre and Mrs. Veronica Sweet, Mrs. Blanche O'Rourke, John Walker and Kirk Kilmer questioned Mr. Lucia regarding parking and his times for serving the public, Mr, Lucia stated that he would be open just during '--' the summer months and would draw in fill to make a parking area for 50 cars if requested to do so. ~s'f. -4- There were no other appearances. Mr. Kurosaka read proof of publication for a request for a variance of RAYMOND J. »OMP requesting to construct a garage with a 15' front setbaok instead of 30' as required in an R-l zone on the property situated on the West Lane right-of-way, Assembly Point, Town of Queensbury. Mr. Komp, appearing on his own behalf, said, "I have letters from the people on both sides of me saying they have no objections." The letters are as follows: "I am in favor of the change." Bert S. Harri~on Sacandaga Road, R,D. #2 Scotia, New York" "August 15, 1970 Members of the Board: Mr. Raymond J. Komp, a resident of Assembly Point, has petitioned the Town of Queensbury for a zoning variance regarding the building of a garage on his property. As Mr. Komp's immediate neighbor to the South, and knowing the particulars involved, I wish to go on record as being in agreement with Mr. Komp and his (judgement in the matter. Yours truely, Herbert Fiss Daniel Jones" Mr. Kurosaka: What is the distance from the garage and the side property line? Mr. Komp: 5 feet. Mr. Sicard: What is the distance from the property line and the garage? Mr. Keller: 15 ft. -- There were no other questions from the board. Mr. Charles Adamson appeared, not against the application, but questioned the board saying, "I think there is some ~ 10 0, -5. ambiguity about the way the zoning law is written regarding the front and back of property~ Mr. Kurosaka read the definition regarding right-of-way. He said the board considers the R.O.W. or the public access as the principal R.O.W. Mr. Keller statech You cannot make a generalization applying to all p¡aces on the lake. The ordinance covers everyone in the town, not just the lake. We have to look at each application and not grant carte blanahe to all lake property owners." There was no opposition. Mr. Kurosaka then read proof of publication for appli- cation for variance #174 by SARA SPECTOR requesting a 30' setback (sideyard) instead of a 40' setback as required in an M-2 zone on the property situated on Lower Warren Street. Town of Queensburv. Appearing for the application was Richard Spector. After the board discussed the application, Mr. Kurosaka said, "You do not have to get a variance on the buildings or the lots for sale. It would be easier to make two con- fo rming lot s . " There were no other appearances for or against the application. Proof of publication was read for application for variance #175 by EDWARD REITH requesting a side yard setback of 1.96' instead of the required 5' setback in an R-4 zone on the property situated at 115 Sunnyside North, R. D. #1, Town of Queensbury. :<bJ. -6.. Appearing for the application was Thomas J. Angelo, attorney for Mr. Reith, and Mr. and Mrs. Reith, Mr. Kurosaka: We granted a variance 2 years ago to build a house. Survey shows the building is not where it should be on the lot." Mr. Kurosaka read the following letter: "8/10/70 Gentlemen: ~, I was granted a variance on 4/11/68 to build a house on lot #15 of the Ryder estate on Lake Sunnyside. McCormic and Colter who are legal surveyors did a recent survey on lot #14. I find in this survey my house does not agree with my original plot plan. My contractor made an error and my home sits 1.96" from the line instead of the required five feet. I am requestin a variance to leave my home 1.96" from the line. It would be a great expense to move my home to meet the five foot requirement. I also feel that my home will not cause a detriment to my neighborhood due to the fact that my neighbors homes sit as close or closer to their property lines then my home does. Sincerely Yours Edward Reith" Mr, Angelo: We have a petition with 27 adjoining property owners voicing no objection to the request for a variance. My clients did not intend to ignore the ruling. It was error alone on the part of the contractor on erroneous information received from the Town Clerk's Office. The actual violation is small. It is approximately 3 ft. on one end and i ft. on the extreme end. All of these -- violations were not intentional on the part of the owners of the property or the contractor...,It would create extreme hardship if this variance were not granted. It would make the property practically unsaleable at a very low discount .Jb2.. ...7- rate. We request the variance in order to clear up the error." Mr. Keller read the petition. (photocopies of petition and accompanying exhibits attached.) Appearing in opposition were Peter Firth, Mr, and Mrs. Robert Willetts, Amos Carpenter, and Mr. Hanley. There was considerable discussion regarding the error. Mr. Richard Cronin, representing Sun Oil Company, now present. Mr. Keller: Do you have signature of 6at of adjoining property owners? Cronin: Yes. I have copies of the plot plan. There are no variances involved here. Mr. Keller brought up the fact that the sign was not 15 ft. away. Mr. Cronin: We would',have that corrected. We are not asking for a sing variance. We do not need a variance on the side or setback of the sign. Mr. Sicard: Is that a rotating sign, Dick? Mr. Cronin: No. If it is noted, that is a mistake. I have for the record Resolution 97 (all property owners within 300 feet. The only variation is Mr. Gerston's and he has the authority to sign for Livingston's Furniture. I have more building plans if you would like to look at them. We have to consider this as a cmvic improvement. It is going to add service to a heavily traveled road and help the tax rolls. Mr. Sicard: Does Sun Oil own the lot? Mr. Cronin: It is contingent on the issuance of a permit. ~ b3. ..8- The following signatures were submitted for the record: "I, , being a property owner within 300 feet of the NWC of Quaker and Dix Avenue, Queensbury, New York, do not object in any way to the proposed service station to be construeted by the Sun Oil Company at the same location. Charles P. Sullivan Helen Jane Sullivan Donald J. Sullivan Margaret W. Sullivan Helen B. Sullivan Robert J, Nolan Martin Gerston Richard H. Cronin Witness August 14, 1970 Date There being no other business to come before the meeting, upon motion duly made, seconded and carried unanimously, the meeting was adjourned. Secretary '- ..-. .~ ;¿ Ie "1 , --~~ I, Charles P. Sullivan, being a property owner within 300 feet of the NWC of Q;t1aker and Dix Avenue, Q;t1eensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. .~ ~~st:i~ cp~~ t2-rY ~t /17c/ -- ,---_/ I, Helen Jane Sullivan, being a property owner within 300 feet of the NWC of Quaker and Dix Avenue, Queensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. "-- r;:4/~ ~/~ Date /917& r '''-.---- :(f.:,5". \ ) fa b. I, Donald J. Sullivan, being a property owner within 300 feet of the NWC of Quaker and Dix Avenue, Queensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. 9Ø5~~~": . Donald Sullivan ,"---- ~;¿~~ Witness ~ /~ /'R7¿7 Date '-' .:< 101. I, Margaret W. Sullivan, being a property owner within 300 feet of the NWC of Q,uaker and Dix Avenue, Qµeensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. .~ ~Úl~ M~et W. Sullivan ',--- ~~ t?-(J'/-l /j .7¿) Dat --- :< 10 8'. I, Helen B. Sullivan, being a property owner within 300 feet of the NWC of Q;u.aker and Dix Avenue, Q;u.eensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. ~æJ~. Helen B. Sullivan ~~. Witness -- '----- t?~/.f. ~/¿? Da e '-' :<10 '1. c"---' I, Robert J. Nolan, being a property owner within 300 feet of the NWC of Quaker and Dix Avenue, Queensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. \??~k Robert J Nolan w~ '-- ~,{j7/ ~~ 7¿J '-' ;{ 7 o. '..."~- I, MARTIN GERSTEN , being a property owner within 300 feet of the NWC of Q;u.aker and Dix Avenue, Q;u.eensbury, New York, do not object in any way to the proposed service station to be constructed by the Sun Oil Company at the same location. ~~ "- ~~ '-/ Wi tnes s O~/0 /.P'/¿J ate '-'