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1970-11-18 ;). 9 O· '~ MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on November 18, 1970. There were present: John Fit24gerald Charles Sicard George Kurosaka Charles Hutton Gordon Streeter On a motion by Mr. Sicard, seconded by Mr. Streeter, the minutes were approved as read. Mr. Fit24gerald read proof of publication for appli- cation for variance #181 (the only item for public hearing on the agenda) by NORTHLAND BEVERAGE to erect a 60 x ~O addition to rear of existing 60 x 100 building of masonary with built-up roof located on Quaker Road between Everts Avenue and Bay Road on the south side. Appearing for Mr. John F. Minogue was Leonard A. Dufour, vice-president of Gray Properties Inc. Applicat~on for the aforementioned request was made last year and approved but because of tight money, they did not proceed. The approval expired and the present request is are-submission. There were no other appearances for or against the application. Mr. Streeter stated that he had looked over the 240ning ordinance and unless there were any objections from anyone else, he felt the applicant qualified under two of the provisions of the ordinance. - Mr. Hutton reported he had looked over the map and that there were 13 ft. on one side and 16 ft. on the other. ;(9\. - 2- The Board: RESOLVED: since application for variance #181 was previsouly approved and no objections have been raised, the variance is re-approved. In the matter of old business, Richard Cronin, real estate representative from Albany, New York, appeared on behalf of Special Permit #20 by SUN OIL COM~ANY. When Mr. Fitzgerald asked Mr. Cronin if they had checked with the Highway Department because of Dix Avenue, Mr. C~onin replied, "Everything that we have been able to find out from the State and the County was checked out prior by us. The Planning Board states there are no plans for anything within at least a minimum of 10 years on Dix Avenue or Quaker Road. The Planning Board recommended that we be denied this permit because service stations are not permitted in an M-l district." The official reports are: Town Planninq Board stated it was a questi.on of the zoning - M-l - service stations would not be allowed. County Planning Board - just returned the request. Mr. Cronin, "The problem is that the ordinance allows a service station in a C-2 zone - not an M-l. Although it does not specifically state, under Section 505 PP. B, under a C-l, C-2, C-3, M-l, or M-2 district, the Zoning Board of Appeals has the authority to allow a service station.....This is why we came before the Zoning Board of Appeals in August because we felt we were in a M-l district. We have 237 feet on Quaker Road and 200 feet on Dix Avenue." - .2'1:<. -3- Mr. Cronin, "There was a question on whether the sign - would be a rotater. There will be no application for a variance on the sign ordinance." There were no further questions from the board. Mr. Fit~gerald, "How about the provisions of the zoning ordinance that you have 60% approval?" Cronin, "This was presented in the original hearing." There was no opposition or other appearances. The Board: RESOLVED: application for Special Permit #20 be approved for the development of the Property by Sun Oil Company for a gasoline service station provided all development is limited to the M-l portion of the property. Mr. Fitzgerald then asked if there were any appearances on behalf of Special Permit #21 by William Barber. There were none. Mr. Fit~gerald remarked for the the record, "We asked for 6ü% of his neighbors approval." The Board: RESOLVED: application for special Permit #21 for the operation of a filling station is hereby denied on the grounds that 60% petition has not been rece±ved within the specified time limit. With regard to application for variance #179 by William Miner, Mr. Fit~gerald said, "We have asked for a h ()f- legal opinion from the Town Attorney and we haveAheard anything. Until we get an answer, we cannot do anything." The Board: RESOLVED: application for variance #179 is held over to the next meeting pending decision by the Town attorney. There being no further business, on motion made by ~ Mr. Sicard, seconded by Mr. Kurosaka, the meeting was adjourned. 5eOIt:!la~y ;2'"13. MINUTES of a special hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on December 28, 1970 at 7:00 p.m. There were present: Charles Sicard, acting chairman Charles Hutton Gordon Streeter being a quorum. Messrs. Fitzgerald and Kurosaka were absent for this meeting. The purpose of this meeting was to act on the application for special permit #23 by MOBIL OIL CORPORATION, which had been adjourned until such time as written consent of 60% of adjoining property owners had been obtained. After further consideration, the BOñrd: RESOLVED: application for special permit #23 by Mobil Oil Corporation be approved, provided that the design, construction and materials used be such as to be in harmony with the aesthetics of the area and the Warren County Municipal Center, also provided t~at a salaried employee of Mobil Oil Corp. operate the station between contract managers rather than allow the station to become vacant; also provided that Mobil Oil CorP. will consult with the Queensbury Beautification Committee on the final landscaping and said variance being in general harmony with the standards of the area. There being no other business to come before the meeting, upon motion made by Gordon Streeter, seconded by Charles Hutton, the meeting was adjourned. -ð' 7f<Zd- ;/ ~ Secretary