1971-08-18
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MINUTES of the Public hearing of the Zoning Board of
ApPeals of the Town of Queensbury held on August 18, 1971,
at 7:40 P.m.
There were Present:
John Fitzgerald
Charles Sicard
Charles Hutton
Gordon Streeter
being the members of the board, excePting George Kurosaka
who was absent for this meeting.
On a motion by Charles Sicard, seconded by Gordon
Streeter, the minutes were aPProved as corrected.
In the matter of old business, Mr. Fit~gerald read the
portion of the minutes from the July meeting pertaining to
SPecial Permit #27 by Zayre CorPoration to construct a
self-service gasoline disPensing facility, Route 9, Town of
Queensbury.
ApPearing on behalf of the application were James
Davies, attorney of the law offices of Bacas and Davies,
and Donald Gould, Assistant Manager of Zayres and Erik
Hanner, chief of the comPany's gasoline station construction
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division. Messrs. Gould and Hanner told the board that
they are bringing Pressure to bear on the landiord,: Gibralter
Management CorP. of Long Island, for better maintenance of
the Parking lot with regard to cleanliness.
ApPearing in oPPosition was Daniel Olson who .aid it
would be a safety hazard. He stated that untrai.ned Personnel
would be disPensing exPlosive fuel. Mr. Hanner told him that
all oPerations are governed by national fire codes and that
oPerators are trained and work closely with loca.l fire authorities.
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Mr. Fitzgerald asked about the sign and wanted Zayre
rePresentatives to be sure they understood about the existence
of a sign ordinance.
Mr. Hutton reminded Mr. Davies that Mr. Bacas had assured
the board at the July meeting that measures would be taken
to imProve the condition of the Parking lot.
Mr. Hanner assured the board that any sign would conform
to the ordinance.
Mr. Streeter asked about the hours of oPeration and Mr.
Hanner rePlied that they would Primarily be interested in
serving the customers during the hours of oPeration of the
other merchants in that shoPPing center.
The lease has not been finalized and the board did not
have a coPy (as had been Promised for this meeting.)
Mr. Fitzgerald told Messrs. Gould, Davies, and Hanner
that the board needed some assurance that the Parking lot
would be cleaned uP before the board could take any action.
There were no other aPPearances.
When the board returned from executive session, Mr.
Davies moved for another delay to Permit his client to
Present further evidence about efforts to assure cleanliness
of the site.
In the matter of new business, Mr. Fitzgerald read
Proof of Publication of application for variance #201 by
RICHARD A WHITE TO CONSTRUCT A DWELLING ON LESS THAN THE
REQUIRED 30' FRONT SETBACK ON 'IRE PROl-ERTY SITUATED AT 14
TWICWOOD LANE, TOWN OF QUEENSBURY.
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APPearing on his own behalf was Richard ~. White
who told the board that he might have made an error in
measuring distances, but his house was 20 Percent comPleted
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before anyone comPlained.
The Planning Board recommended disaPProval because the
hardship was Hself-imposed.H
Mr. Fitzgerald told Mr. White tha.t the building code
is a matter of Public record and it was Mr. White's respon-
sibility to follow that code.
Mr. Sicard reminded Mr. White that Mr. Liapes had taken
pictures on August 2 and asked why Mr. White continued when
he was told that he was in error.
Objectors to his aPPlication were Herman Heber, owner
of an adjoining and nearby loti Norman Benack, aPPearing
on behalf of E. C. Twichell, owner of Twicwood¡ JosePh Durkin,
a contractor, and James Barber, a member of the board of
directors of Northern New York Home Builders Association.
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Also submitted for the record was a Petition signed by
15 home owners in the neighborhood who said the variance
should not be allowed without a guarantee that no further
variances would be Permitted. The Petition also exPressed
disaPProval of th~ confusion over handltng of the matter
and the lack of insPection when the foundation for the house
was laid out.
There were no other aPPearances.
The Board:
RESOLVED: application for variance #201 by Richard
A. White, 14 Twicwood Lane, Glens Falls, for less
than the required 30' setback be disaPProved for the
reason that sufficient grounds for granting the
variance have not been established.
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On a motion by Mr. Sicard, seconded by Mr. Streeter, the
meeting was adjourned at 10:20.
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Secretary