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1971-11-17 $"0. MINUTES of the Public hearing of the Zoning Board of APPeals of the Town of Queensbury held on November 17, 1971, at 7: 35 P.m. There were Present: John Fitzgerald Charles Hutton Charles Sicard Gordon Streeter George Kurosaka being the members of the board. On a motion by Mr. Sicard, seconded by Mr. Streeter, the minutes were aPProved as read. In the matter of Public hearings, Mr. Fitzgerald read Proòf of Publication for application for variance #214 by GLEN FREIBERGER TO PLACE TWO SIGNS LESS THAN THE REQUIRED 50' SETBACK ON THE kROk'ERTY SITUATED AT THE CORNER OF ROUTE 9 (LAKE GEORGE ROAD) AND ROUTE 149 (FARM TO MARKET ROAD), TOWN OF QUEENSBURY. Mr. Freiberger and his father, aPPearing on behalf of the aPPlication, submitted Pictures to the board describing the view from the left side and Route 9 and said it would be a double-faced sign. When Mr. Kurosaka asked if the State sign was on their ProPerty, Mr. Freiberger rePlied, "Yes." Messrs. Fit~gerald and Sicard asked if the signs would be conforming and how high they would be. Mr. Fitzgerald read a letter from the New York State DePartment of Trans~ Portation (attached to these minutes) exPlaining the hardshiP for Mr. Freiberger. The Town Planning Board disaPProved the request. '.......- There were no other aPPearances. The Board: 5~ ~ RESOLVED: variance #214 by Glen Freiberger to Place 2 signs less than the required 50' setback on the ProPerty situated at the corner of Route 9 and Route 149, Town of Queensbury, be aPProved for one sign to be placed on Route 149 side of ProPerty less than the required setback as applied for on the grounds of hardship. The request for the sign to be placed on the Rt. 9 side less than the required setback is not aPProved since no hardship is shown. Mr. Fit~gerald then established Proof of Publication for apPlication for variance #215 by JO~H R. LEMERY TO CONSTRUCT A DWELLING ON EACH OF TWO NON-CONFORMING LOTS ON THE ~RO¥ERTY SITUATED AT EVERTS AVENUE. TOWN OF QUEENSBURY. ~Pearing on behalf of the application were Attorney Paul E. ~ontiff and Mr. Lemery. Mr. ~ontiff exPlained to the board that the area is now un-develoPed and if it were necessary to use both lots for one construction, it would cause the building to be substantially more exPensive than could be re-saleable in that area. Mr. Kurosaka noted that these lots were subdivided before zoning and that they are low lots in a "boggyH area. When Mr. Fitzgerald asked the exact location, Messrs. Pontiff and Lemery showed the board the exact location. The Town ~lanning Board aPProved the request. The Board: RESOLVED: variance #215 for JosePh R. Lemery to construct a dwelling on each of two non-conforming lots on the ProPerty situated at Everts Avenue, Town of Queensbury, be aPProved since this strict appli- cation of lot size would result in substantial dif- ficulty or unnecessary hardshiP that would dePrive the owner of the reasonable use of the land. Proof of Publication was then read by Mr. Fitzgerald, for application for a variance #216 by CALE, GLENS FALLS j ~ NORTHWAY PLAZ! TO KLACE A NON-CONFORMING SIGN LESS THAN THE ~QU¡EE~_~~~.ê~TBACK ON THE ~R~ERTY SITUATED AT THE CORNER OF QUAKER ROAD AND U~~ER GLEN STREET, TOWN OF QUEENSBURY. 6~, Mr. Kurosaka disqualified himself from the adjudication of this ~plication because of his interest in sam~. APPearing on behalf of the aPPlication wemEiden Jones, Wesson Turner and attorney Peter Firth. They exPlained to the board that anyone 80ming over Aviation Road from the east cannot see the ProPerty until Practically at that Point. As a result, People cannot get a head-on view of the Pla~a because there is a s~ace between the ProPerty line and Quaker Road well over 75 feet in width and owned by the Town of Queensbury. Consequently the sign would be 50 ft. from the highway and would be adjoining municipalities- owned land. They then Presented Pictures of the ProPosed sign (non-conforming and over-si~e). Mr. Hutton asked if the merchants were losing business by not having a sign visible. Messrs. Jones and Firth rePlied by describing People's confusion regarding the Pla~as, the difficulty at night because of the change in the highway, and how People are Practically to the stoP light before they can see the signs (which is then too late to turn). There were no other aPPearances. The Town Planning Board disaPProved saying it could be located to conform to si~e and setbacks. The Board: RESOLVED: variance #216 by Cale Glens Falls (Northway Pla~a) to place a non-conforming sign less than the required 50' setback on the ProPerty situated at the corner of Quaker Road and UPPer Glen Street, Town of Queensbury, be aPProved Provided that the sign is conforming with the sign ordinance with excePtion of setback requirements on the grounds that this is the minimum variance that will accomPlish the PurPose. ~ APProved unanimously with Commissioner Kurosaka ab- staining. Mr. Fit~gerald then read Mr. Edward Banta's request to EXPAND A NON-CONFORMING USE IN AN R-4 ZONE, CRONIN ROAD. THERE IS AN EXISTING SEA FOOD BUSINESS AND THE ADDITION IS 'ill BE USED AS A BEAUTY SALON. Mr. Banta apPeared on behalf of the request and answered sewage Mr. Sicard's ~~estion regarding a ne~system saying he believesit is going to be requested by the State because the Present system he is using would not be large enough. When Mr. Sicard asked if he was going to use a sign, Mr. Banta rePlied he did not think one would be needed because of the aPartments going uP down the road. There were no other aPPearances. The Town Planning Board returned the request saying it was a use variance which is not Permitted by the ordinance. The Board: RESOLVED: request for addition to existing structure in R-4 ~one by Edward Banta on ProPerty located on Cronin Road, Town of Queensbury be aPProved on the grounds that the strict aPPlication of the ordinance would dePrive the apPlicant of the reasonable use of the land. In the final business of Public hearings, Mr. Fit~gerald read Proof of Publication for apPlication to sPecial Permit #28 by EUGENE O'LEARY TO PLACE A TRANSIENT TRAVEL TRAILER ~ARK AND C~ߌTEL ON THE ~R~ERTY SITUATED AT FARM TO MARKET ROAD, TOWN OF QUEENSBURY.. NORTH SIDE OF OX BOW HILL. Commissioner Kurosaka again disqualified himself because of his interest in the ~plication. APPearing on behalf of the request were attorney William Bacas and Eugene O'Leary. The Board then studied the maP to ascertain the exact '- area. Mr. Bacas said there would be no request for sign variances because the site would be more than 50 feet from the road. Plans for water and sewage have been filed with 6""3. ~ b~ the DePartment of Health. Mr. James Weller who lives directly across the road stated he did not receive a notice of this hearing. He then made an imPassioned sPeech citing the reasons for the residents in the area being against this kind of oamPsite. He mentioned the Problems of a second èlass trailer Park, the kind of Personnel who would inhabit the camPs, drainage Problem for sewage, traffic situation (hazardous), motives of the ProPerty owner and develoPer and how the ProPerty owner striPPed the trees from the land and sold them for PulP. Others aPPearing against the aPPlication were: Donald VanVorst, Moon Hill Road; Halley Weller, Glen Lake Road; Bill Mellon, Farm to Market Road; Carlos Bombard, Glen take Road; Lionel Normandin, behind Byers Tavern. They mentioned the reasons against the apPlication - traffic w sewage drainage - ecology. Attached to these minutes is a letter from ~hyllis E. Joslyn stating her reasons for being against the application. The Town Planning Board aPProved the request with no comments. Victor King asked how it would be beneficial to the town. There were no other aPPearances. The Board: RESOLVED: application for sPecial Permit #28 by Eugene O'Leary to place a transient travel trailer Park and camPsite on the ProPerty situated at Farm to Market Road, Town of Queensbury be denied on the grounds that the ProPosed develoPment would aPPear to comPound an existing traffic hazard. ~ George Kurosaka abstained. In the matter of old business, Mr. Frank McGinley aPPeared on behalf of variance #207, Mobile Home Court , s-S: Corinth Road, Howard V. Rosenblum, et ale Mr. McGinley Presented an aerial photo showing definitely what would be involved and also Presented tax maPs so that the board could determine the exact location. Mr. McGinley stated, "It conforms to the requirements of the aPPlication and the guide lines of the town. The conditions are accePtable for this use.....More traffic and more children are something that any growing community has to contend with....PrototyPe of develoPment would conform to the ordinance....If 90 units will not fit in, then it will be made smaller to conform to the ordinance, i. e. 80. We are asking for the number of places that the area will Permit. We are not asking for 90 sPaces." Warren Markwell remarked on the relocation of the Big Boom Road and a new access road. There were no other aPPearances. The Board: RESOLVED: aPPlication for variance #207 by Howard V. Rosenblum to place a mobile home court on Main Street, West Glens Falls, Town of Queensbury, be disaPProved on the grounds that the board does not find sPecial circumstances or conditions to justify the variance as requested. In the matter of new business, variance #217, Scott McLaughlin & William Sazeley Jr.; and SPecial Permit #29, Torrington Construction ComPany, there were no aPPearances for either. On a motion by Mr. Kurosaka, seconded by Mr. Sicard, the meeting was adjourned at 10:07 P.m. - ~/ ;:---rJ/ ~ ~~r~ Secretary