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1971-07-21 :;[{, MINUTES of the public hearing of the Zoning Board of ApPeals of the Town of Queensbury held on July 21, 1971, at 7:35 p.m. There were Present: George Kurosaka Charles Sicard Charles Hutton Gordon Streeter being the members of the board, excePting John Fitzgerald who was absent for this meeting. In the absence of chairman, Mr. Fitzgerald, Mr. Kurosaka was acting chairman. In the matter of old business, Mr. Hutton, secretary, read the resolution of the Warren County Planning Board regarding the aPPlication of West Mountain Corporation. The Board recommended that it be aPProved subject to further review. The Town Board disaPProved saying a survey of detailed plans should be submitted. Mr. Streeter made a motion that the old business be tabled until such time as intèrested Parties be Present for discussion. The Board then proceeded to the new business and Mr. Kurosaka read Proof of Public hearing for ZAYRE CORPORATION for sPecial Permit #27 requesting Permission for construction of self service gasoline disPensing facilities containing three islands with a 30' by 72' canopy. Construction of a modular identification sign, landscaPing; installation of underground gasoline storage tanks with concrete coverings on the proPerty situated on Route 9, Town of Queensbury. ........ 2~, -2... Mr. Kurosaka then disqualified himself because of his interest in the application and Mr. Sicard acted as chairman. Presenting themselves for informational PurPoses, Daniel Olsen and George Root asked what the plans were. William Bacas, rePresenting Zayre, advised the board that he has close to 80% of the adjoining owner~ apProval. After much discussion regarding the Present condition of the area (incinerators and general Poor condition~ Mr. Bacas told the board that he would writea lètter the next day asking for imProved conditions and that he would submit to the board (1) a lease showing ownership (2) coPy of the rendering (3) a sketc,h of the entire area, 600 ft, showing the general character and nature of the surrounding area (4) photos showing the traffic Pattern including entrances and exits. He assured the board that parking would not be a future Problem. The Town Board disaPProved because they were concerned about traffic and the Warren County Planning Board disaPProved because it would create aclli.t.ional traffic Problems. ',,-, The Board: RESOLVED: apPlication for sPecial use Permit #27 by Zayre Corporation be adjourned untDthe August meeting in order to Provide an oPPortunity for the PrinciPals to be Present and submit additional information to the board. Returning to SPecial Permit #26, the board heard William J. Kenneally; representing the People at the foot of West Mountain/reread the questions submitted at the last meeting. After hearing rePorts from the Warren County andTown Planning Boards, Mr. Kurosaka told the assemblage that even though the Warren County board had aPProved and the Town Board has disaPProved, these boards were advisory boards 30. -3- and that the Zoning Board of ApPeals was the board emPowered to make decisions. RePresenting West Mountain CorP. were Leslie Couch, attorney, and Mike Brandt. Mr. Couch Presented a memorandum PrePared by the law offices of DiFabio and Couch which was a re-statement of the questions and answers Presented and rebutted at the Previous meeting. This memo is attached to these minutes for the record. Presenting themselves as being in favor of the aPPlication were Richard Rozell, John Reed, William Hudson, Mrs. Earl Hudson and Paul Brandt. Mr. Kenneally submitted the following names as being oPPosed to the apPlication: Charles Baldwin, StePhen Borgos, Dennis Donohue, David Emmel, David Hubert, James Kedd, Robert Jones, Edgar Michals, Stanley Robichaud, William Mallie, Mary Frasier, Louis Yager. 1\[ 1 _ I __ bL__ --=JRr~L_ ~.. _I ,. - -, ie, Mr. Streeter made a motion that the application again be tabled to give interested Parties Present at that time opportunity to adjourn to another room to study the memorandum. Mr. Sicard seconded the motion. The Board then continued with the new business and Mr. Kurosaka read proof of Publication of apPlication for sPecial Permit #28 of GLEN MOTOR SALES, INC., 1 BOULEVARD, HUDSON FALLS TO PAINT ANDfOR CLEAN UP; INSTALL HI-RISE AND STREET SIGN; TO SELL NEW AND USED CARa AND ~ROVIDE AUTOMOTIVE SERVICE ON THE .t'R~ERTY SITUATED AND OWNED BY MRS. 9EGRGE SILBERT at- 83 MAIN STREET. WEST GLENS FALLS. TOWN OF QUEENSBURY. "- Mrs. Gilbert representing the aPPlication, submitted 69% consent of the ProPerty owners adjoining the ProPerty. OPPosed to the application was Raymond Palmer. There 31. -4- were no other apPearances. The Planning Board aPProved saying it will imProve the Present ProPerty. The Board: RESOLVED: sPecial Permit #28 by Glen Motors, Inc. for oPeration of service station and sale of new and used automobiles situated at ProPerty located at 81 Main Street and Pine Street, West Glens Falls, be apProved on the grounds that this is a reasonable use of the ProPerty considering its location; Provided that the maximum number of new and or used cars not exceed 12 vehicles. Mr. Kurosake read Proof of Publication for application for variance #196 by JOHN W. BRUCE TO CONSTRUCT A GARAGE AND PATIO COMBINATION ON THE }ROkERTY SITUATED AT RD 1 LAKE GEORGE, TOWN OF QUEENSBURY (NORTH SIDE OF MOON HILL ROAD, EAST OF NEW COUNTY ALIGNMENT.) Mr. Bruce aPPeared on his own behalf. The.re were no other aPPearances or objections. Mr. Sicard asked if Mr. Bruce was aware of the zoning ordinance and Mr. Bruce rePlied affirmatively. The Planning Board aPProved saying it was necessary for reasonable use of the ProPerty. The Board: RESOLVED: application for variance #196 by John Bruce for the erection of a garage and Patio be granted on the grounds of hardship and that it will not be injurious to the neighborhood or otherwise detri- mental to the surrounding area. \..... Proof of publication was then established for apPlication for variance #197 by GERALD BROWN TO EREOT A CONFORMING FREE STANDING SIGN LESS THAN 50' SETBACK ON THE PRO~ERTY SITUATED AT SOUTH OF QUAKER ROAD. EAST OF MEADOWBROOK ROAD, TOWN OF QUEENSBURY. There were no aPPearances for or against the application. 32. -5- The Planning Board aPProved subject to re-location of road more than 15 feet R.O.W. The Board: RESOLVED: VARIANGE #197 by Gerald Brown for erection of a conforming sign less than required 50' setback he granted on the grounds that the variance is necessary for the reasonable use of the land and will not be injurious to the neighborhood. Mr. Kurosaka then read Proof of Publication for TO aPPlication for variance #198 by NEBA (SAXE BROS.)ALOCATE A SIGN 15' FROM THE PROl-'ERTY LINE INSTEAD OF THE REQUIRED 50' SETBACK ON THE .t'RO.lrERTY LOCATED ROUTE 9, NORlli OF SKYLINE DISCOUNT, SOUTH OF CHARLES WOOD VACANT LOT, TOWN OF QUEENS- BURY. APPearing on behalf of the apPlication was attorney Earle Matte. The Planning Board apProved the aPPlication; the County Planning Board disapProved. Mr. Matte told the board that Neba International is being re-organized and benefits of the franchisers have been lost and they are trying to"hang"on with other methods. There were no other aPPearances for or against. ''\,...... The Board: RESOLVED: variance #198 by Neba (Saxe Brothers) for the erection of a conforming sign on an existing sign standard be aPProved on the grounds that is is within the reasonable use of the land and not injurious ø~ otherwæse detrimental to the surrounding area. Proof of Publication was then established for the aPPlication of variance #199 by JUDY S. WETHERBEE TO REPLACE 18 x 18 CAR.lrORT WIlli 24 x 24 GARAGE IN A/;:'.lrROXIMATELY THE SAME LOCATION ON MASON ROAD, CLEVERDALE NORTH OF TUCKER, SOUTH OF KENNY AND BOUND BY LAKE GEORGE ON THE WEST, TOWN 33, -6.. OF QUEENSBURY. APPearing on her own behalf was Mrs. Wetherbee who told the board that the 2 ProPerty owners have signed saying they have no objections. There were no other aPPearances. The Planning Board aPProved as being reasonable use of the ProPerty. The Board: RESOLVED: variance #199 for the erection of a 24' x 24' garage by Judy S. Wetherbee, on Mason Road in Cleverdale, be aPProved on the grounds that the garage will be less non-conforming than the existing structure. The last order of new business was the reading of Proof of Publication for aPPlication for variance #200 by SMITH EQUIPMENT COMFANY TO SUBSTITUTE A LESSER NON-CONFORMING USE FOR ~RESENT NON-CONFORMING USE ON NORTH-EAST CORNER OF THE INTERSECTION OF HICKS ROAD AND RIDGE ROAD, TOWN OF QUEENSBURY. Michael J. O'Connor, attorney, apPeared as Richard Combs' rePresentative and on Mr. Smith's behalf. Mr. O'Connor gave a brief history of the use of the building and advised the board that the adjoining ProPerty owenrs had not signed a current Petition because in 1968, a like Petition had been Presented to the board. The main PurPose of this application is to assure Messrs. Combs and Smith that Mr. Smith would not be oPerating in a "grey" area as far as its future use. ''-.,..- The Planning Board aPProved with the stiPulation that there be no more than 6 pieces on disPlay at one time. APpearing on behalf of the applicant was Wendell Wilson and Richard Kline for informational PurPoses. 3~. -7- There were no other apPearances. The Board: RESOLVED: application for variance #200 by Smith EquiPment Co. for a lawn and garden and recreational equiPment sales and service center on the ProPerty located on Ridge Road at Hicks Road be aPProved since it is a reasona~le use of the Property and not in- jurious or detrimental to the surrounding ProPerty; Provided that outside disPlay and or storage shall not exceed 15 units. The board then returned to the application by West Mountain CorP and: RESOLVED: application for sPecial Permit #26 by West Mountain CorP be apProved because it is a reasonable request for the same general use as Provided in the Zoning Ordinance and is the most apProPriate use of the land, Provided that: the new ski facilities will not be oPen for use after 11 P.m. in the evening or before 8 a.m. in the morning; and further Provided that the ProPerty lines on the east and north sides be Posted with signs designating West Mountain CorP. ProPerty and signs be erected not more than 200 fett intervals. The Board granted this sPecial ~rmit for sPecial Permitted uses in an R2 Zone according to schedule of Zoning regulations and regulations governing certain amusement uses. The meeting was adjourned aPP+oximately 12:30 a.m. /~;~ Secretary '-