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1971-04-21 f '- MINUTES of the public hearing of the Zoning Board of ApPeals of the Town of Queensbury held on April 21, 1971, at 7: 3 5 p.m. There were present: John Fit~gerald Charles Sicard George Kurosaka Charles Hutton Gordon Streeter being the members of the board. On a motion by Charles Sicard, seconded by John Fit~- gerald, the minutes of the previous meeting were apProved as read. In the matter of V. W. Weeks'request for a 50% exPansion for a non-conforming use, Mr. Fitzgerald asked Mr. Hutton if proper notice had been given to all property owners on Sweet Road within 500 ft. Mr. Liapes replied that all that is needed is an ad in the paper. Mr. Donald Weeks, aPPearing for V. W. Weeks, told the board that the Planning Board had approved the request two weeks ago. Mr. Sicard: "Is this going to be the same oPeration?" Mr. Weeks: "Yes, just repairs for the buses." He explained the plan to the board. The Board: Resolved: request for expansion of an existing non- conforming use by V. W. Weeks, Sweet Road, be apProved. The board then studied a request by MARTIN MOSHER for a 50% expansion on Minnesotta Avenue. There were no aPPearances. ~ /0. -2- The Planning Board apProved the application. The Board: - RESOLVED: request for exPansion .of an existing non- conforming use by Martin Mosher, Minnesotla Avenue, be approved. Mr. Fit~gerald then read proof of publication for application for special permit #24 by TEXACO INC.TO PLACE A GASOLINE STATION ON THE PROPERTY SITUATED AT HALF-WAY CABINS, INC.. WEST SIDE OF ROUTE 9. TOWN OF QUEENSBURY. It was deferred until later in the meeting waiting for appearances of their counsel. Mr. Fit~gerald then read proof of publication for application for a variance of JUDGE SIGN CORPORATION REPRESENTING ALBANY PUBLIC MARKE~$ for an oversized sign on the building and an oversi~ed free standinq sign less than the required 50' setbackcon the property situated at 708-714 UPPer Glen Street opposite the Queensbury Shopping Pla~a. Town of Queensburv. David KOllar of Judge Sign Corporation and Ben Fuina from Albany Public Market aPPeared on behalf of the request. Mr. Streeter: "28 feet from route 9? There will be a concrete curb?" Mr. ~llar: "There is one now." Mr. Fit~gerald: "Do you have any pictures showing the sign?" Mr. KQ~lar: "It will be a lighted sign. I think there will be a changeable copy area." Mr. Hutton: "Would your sign be the only one in that '- area?" Mr. Fuina"Yes." /1 -3- Mr. Streeter: "This sign will be PerPendicular to the highway?" Mr. Kollar: "Yes." Mr. Sicard: '~hy do you feel that you have to get it out there? Actually, there is nothing to the south and nothing to the north. There is a Perfect view coming down and going uP." Mr. Fuina: "Most of our stores are designed a certain way." Mr. Fitzgerald: "Why do you have to have this sign way out? If you had pictures showing that other signs were blocking it...We would like the reason why you would like to have it out there...Your reason that we 'always do it' does not effect our j~dgment....I am suggesting that if you had some material here showing that you had to have that location, we would want to know this...We would like to know about every other sign." Mr. Fuina: "If the sign were placed 50 ft., you would not see it until a Person got into our Parking area." Mr. Sicard: "Niagara Mohawk's owning the land next to you would always protect you." Mr. Kurosaka: "Is this lettering absolutely necessary on your sign?" Mr. Sicard: "How many parking sPaces do you have?" Mr. Fuina: "300." Mr. Fitzgerald: "We may have to trim down the sign. What would you accept? Our effort is to avoid any change I), -4- from normal (any variance on the existing sign ordinance.) Any change from normal would have to be minimal. I think you are asking a little too much." Mr. Fuina"I think the drawing makes it look larger than it will be." Mr. Fitzgerald: "If we did aPprove it, we would suggest that the sign be a much smaller one." Mr. Fuina: "Would you consider a re--designed sign?" There were no other appearances. The Planning Board disaPProved entirely the building sign and suggested changing the color from orange to white. The Board: RESOLVED: aPplication for variance #187 by Albany Public Markets for an oversized sign on the building be apProved and that the oversized free standing sign be apProved Provided that only the lettering showing Albany Public Market as shown on Proposed drawing #12733 remain and that all other advertising material be removed; and also provided that the sign be set back in øonformance with the zoning ordinance; the Board being of the opinion that the granting of this variance is necessary for the reasonable use of the land and will not be injurious to the neighborhood. In the next matter of business, Mr. Fitzgerald read proof of publication for application for variance #188 of MADISON TAYLOR TO PLACE A GIFT AND SOUVENIER SHOP IN R-4 DISTRICT ON THE PROPERTY SITUATED AT THE SOUTH SIDE OF DIX AVENUE. TOWN OF QUEENSBURY. Appearing on his own behalf was Mr. Taylor and Mrs. Taylor. He submitted a letter from a neighbor, Walter Baker, saying he has no objection to the application. '- /3. -5- Mr. Sicard: "What tyPe of gift shop?" Mrs. Taylor: "A variety of things. We would build it as we go on." A petition was introduced at this time showing 90~ of surrounding residents having no bbjections to the request. Joseph Daire and Harry Rye appeared on behalf of the application. Mr. Sicard: Mr. Taylor: the plate glass." The Planning Board disapproved on grounds it is a use variance and the Board cannot legally allow.. Mr. Kurosaka: "I question this." Mr. Taylor introduced a form signed by John Webster in 1961 showing Taylor's intent to build. Mr. Fitageråld: "Would you be willing to have us hold this over to the next meeting? We would have an opinion from our town attorney. Mr. Kurosaka dug up some interesting information which leads me to believe we do have the power to grant such a variance. I would like to table this until our next meeting when, hopefully, we will have an opinion. If we pass on this now, a charge could be leveled on our decision. We have been told that we have no power to "Will you have a sign on this building?" "Eventually. It probably would be on grant a variance of this kind. As an attorney, I think it would be smarter to wait. We will rule on it but I will say, if we were to rule yes, you will be in legal jeopardy. The town attorney says we cannot entertain your ~ application." The Taylors agreed they had no choice but to wait for the town attorney's opinion. /y. -6- Mr. Fit~gerald then read proof of publication for application for variance #189 by CHARLES R. HART, T & T RESTAURANT, TO PLACE AN OVERSIZED SIGN LESS THAN THE REQUIRED 50' SETBACK ON THE PROPERTY SITUATED ON WE EAST SIDE OF ROUTE 9, TOWN OF QUEENSBURY. APPearing on his own behalf, Mr. Hart told the Board he wants to move the sign uP the road to a new location. Mr. Fit~gerald: "We are talking abo u t an oversized sign and a setback problem here." Mr. Kurosaka: "Would the sign be about the same location'?" Mr. Hart: "It would be set back farther from the R.O.W. than it is now. It would be back 30 ft." Mr. Sicard: "No physical change in the sign at all?" There were no other aPPearances. The Planning Board apProved with a setback of 30 ft. Mr. Sicard: "Can you see that sign from the south side?" -- Mr. Hart: "No. The billboards hide it." Mr. Fitzgerald: "If you had pictures, it would show the hardship." Mr. Streeter: "Do we have to go along with the Planning Board regarding the 30 ft?" The Board: RESOLVED: application for variance #189 by T-T Restaurant for relocation of existing oversized sign less than the required 50 ft setback be approved provided that such sign be located not less than 25' from the R.O.W., since it is in general harmony with the general PurPose and intent of the zQning ordinance and it is less non-conforming than its present location. /~ -7- Mr. William Bacas, attorney for Halfway Cabins, Inc. Bertram J. Dube, Esquire, 161 Main Street, Hudson Falls, and Texaco Inc., now Present. Also aPPearing on behalf of the application were R. E. Beiermeister, Sales Department Texaco, Inc.; Dr. William H. Perkins, President of Halfway Cabins, Inc.; and Mr. and Mrs. John S. Birosak, vice- president and secretary-treasurer of Halfway Cabins, Inc. Mr. Beiermeister explained the Proposal to the Board. Mr. Bacas: "Here is a little sketch that might show you the area. I took some pictures this afternoon, but they are not develoPed." Mr. Kurosaka: "Has someone ever taken a tally on the number of gas stations?" Mr. Beiermeister: "There is no Texaco represented here and our credit card customers could be served in this area....We have a substantial capital investment in this enterprise and cannot make too many wrong choices." Mr. Bacas: "We have agreed with the Planning Board regarding keeping the place open and not abandoned. We have also filed in excess 60~ of the surrounding ProPerty owners....This is on file at the Town office." Mr. Fitzgerald: "Have you talked this over with the Beautification Committee?" Mr. Beiermeister: "No." Mr. Fitzgerald: "We would like them to approve any landscaping plans you may have." Mr. Beiermeister: "The abuting landscaPes and the ~ natural foliage in the rear and the very fin~ establishment Jb. -8- of Alfred's Restaurant to the south is evident. There are very good neighbors on both sides.....We have an image to "-...-. maintain." The Planning Board has aPProved this subject to continuous oPeration with no more than 30 days non-use within a year. The Board: RESOLVED: application for sPecial Permit #24 by Texaco, Inc. be apProved Provided building that is constructed is in accordance with plans submitted; also that a salaried employee of Texaco, Inc. oPerate the station between contract managers to insure continuous oPer- ation; and provided that aPProval to the landscaping by the Queensbury Beautification Committee be obtained; and provided that all signs be conforming and be located as Provided by the zoning ordinance. The ~oard was of the opinion that the granting of this variance will be in general harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood. There being no other business to come before the meeting, on a motion made by Mr. Sicard, seconded by Mr. Kurosaka, the meeting was adjourned. /~ /-~ . Secretary \-