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1971-12-15 ,-5"~ 1\ , MINUTES OF the Public hearing of the Zoning Board of "-"', APPeals of the Town of Queensbury held on December 15, 1971, at 7:35 P.m. There were Present: John Fit~gerald Charles Hutton Charles Sicard George Kurosaka Gordon Streeter being the members of the board. On a motion by Mr. Sicard, seconded by Mr. Streeter, the minutes of the Previous meeting were aPProved as read. In the matter of Public hearings, the chairman, Mr. Fitzgerald, read aPPlication #11M23-71 by WAITE'S CYCLE SHOP 112 LOWER DIX AVENUE, REQUESTING EX~ANSION TO NON-CONFORMING USE OF AN EXISTING BUILDING 20' x 40' TO BE USED AS STORAGE FOR MOTORCYCLES, SNOWMOBILES, AND TRAILERS. APPearing on behalf of the aPPlication was Margaret L. Waite who exPlained to the board that they needed a Pole barn to use to store the boxes until they could get them uncrated. She said all the buildings are used for the one business and when Mr. Fitzgerald asked how long they had been in business, rePlied, "30 years." She said anything built would be 100 ft. from any of the neighbors buildings. Mr. Fit~gerald read a letter from the Planning Board '-' and said this board could not take any action at this meeting until the Zoning Board of APPeals received an oPinion from the Town Attorney. The Board: RESOLVED; aPPlication #1IM23-71 by Lawrence Hand Margaret L. Waite, Dix Avenue, Town of Queensbury, for exPansion of a nonMconforming use be deferred Pending receiPt of opinion from Town Counsel. S(p 6. In the next order of Public hearings, request for ,,"""""" variance #217 by EAST SHORE DRIVE - ROUTE 9L - MCLAUGHLIN- GAZELY, Mr. Hutton, the secretary, read letters from the Town Attorney and J. David Little (attached to these minutes) and advised the board that the matter had been resolved by the Town Attorney since in his oPinion (Mr. Katz) no aPProval of the Planning or Zoning Board of APPeals is required since the change of use does not require an enlargement, recon- struction or structural change in the basic building which houses an existing non-conforming use. Mr. Fitzgerald then read Proof of Publication of aPPlication for variance #218 by TORRINGTON CONSTRUCTION COMP ANY TO EXTRACT SAND AND GRAVEL IN AN R-3 ZONE ADJACENT TO 'IRE QUEENSBURY LAND FILL. THE SUBJECT .i:'RO..l;'ERTY IS SITUATED AT RIDGE ROAD, TOWN OF QUEENSBURY. '- APPearing on behalf of the aPPlication were Robert j Morris, attorney, and Theodore Zol~, Jr., Vice-President of Torrington Construction ComPany (a civil engineer). , Mr. Zol~ exPlained to the board that sand and gravel dePosits have been dePleted in the area, that he was aware of the zoning restrictions, but that he was requesting a variance because the land in question is rich in sand and gravel. Mr. Sicard asked about ingress and egress. Mr. Morris exPlained the ownershiP of Torrington and the easements to the ProPerty. Mr. Morris submitted 9 Pictures which the secretary (Mr. Hutton) numbered and identified. As Part of substantiating evidence of ProPosed imProvements are an affidavit of George SPaulding, Licensed Real Estate Broker, and an aPPraisal rePort PrePared by North East APPraisals, Inc. ó-ee, c.. '--' ..I. DAVID LITTLE ATTORNEY AT LAW COLVIN BUILDING 208 GLEN STREET GLENS FALLS. NEW YORK 12801 TELEPHONE 1118 782·2118 December 15, 1971 Zoning Board of Appeals Town of Queensbury Town Hall Bay Road Glens Falls, New York 12801 Rei Application for Variance by Moynihan and Lemery-McLoughlin Property Gentlemenl '-- The undersigned has been contacted by Daniel p. Rudd who owns the Cleverdale Store at the corner of Route 9-L and Cleverdale Road in connection with the above application. We understand Messrs. Lemery and Moynihan have requested a variance covering the sub- ject property so as to permit a retail liquor business in that area. Mr. Rudd contends that a variance granted by your board in this case would constitute a hardship as to him on the basis hereinafter set forth and further con- tends that there is no hardship in regard to the appli- cants unless it is self-created, that it would not ob- serve the spirit of the ordinance but, in fact, work to defeat it, and that the situation is not unique. Mr. Rudd purchased the premises he now occupies which is situated in a commercial zone for commercial purposes paying a price equivâlent to other commer- cial property in the town and much higher than a res- idential zone would have demanded. Among other things involved is the fact that Mr. Rudd desired and intend- ed to locate a retail liquor business on his property. He, in fact, has made an application for a retail liquor license and for a building permit for the con- struction of a building for this use in his commerci- ally zoned property. - s, 'þ. - "'--" - 2 - He now finds that Messrs. Lemery and Moynihan have also applied for a liquor store license and thèt the State Liquor Authority will not grant two licenses in so confined an area. Ergo, if the application is granted by your board, Mr. Rudd will not be receiving the benefit of his property nor the return on his in- vestment. I submit that the foregoing should be considered in refusing the requested variance. '~ JDL/jwc 5"'~ f'. Jown 0/ QueenjbuP!j QUEENSBURY TOWN OFFICE BUILDING '-" BAY AT HAVILAND ROAD, R, D, 1 GLENS FALLS, NEW YORK, 12801 TELEPHONE: (518) 793-2555 DEPARTMENT December 15, 1971 Hon. Gerald B. Solomon Supervisor, Town of Queensbury Town Office Building Glens Falls, New York 12801 Re: Gaze1ey~cLaugh1in Application Dear Jerry: As requested, we have reviewed the application and facts presented to us by the Building Inspector in the above referenced matter. '---- In all cases involving nonconforming uses, it is necessary to review all facts and circumstances. After doing so, it is our opinion that this application does not involve any extensive physical change in the nonconforming use nor an expansion thereof. The right of a nonconforming use runs with the land and the buildings thereon. It is apparent that the building on the subject property is a single structure which has been subdivided. It so existed at the time of enactment of the Town of Queensbury Zoning Ordinance. Article 8 of said Zoning Ordinance governs nonconforming uses and buildings. Section 8.200 provides that "A use, building or structure made nonconforming at the time of passage of this ordinance, or any applicable amendment thereto, may be continued, etc.". Section 8.300 prohibits the enlargement, reconstruction, substitution or structural alteration of an existing nonconforming use, building or structure; however, Section 8.302 (b) provides that a nonconforming use may be changed to a more restrictive nonconforming use. y It is my opinion that there has been no abandonment of the nonconforming use of the building as a whole. It is my further opinion that no approval of either the Planning Board A PROGRESSIVE COMMUNITY. . .A BETTER PLACE TO LIVE,. ,WATCH QUEENSBURY GROW 5(Ó 1'": "- Hon. Gerald B. Solomon -2- December 15, 1971 or Zoning Board of Appeals is required in this instance since the change of use toes not require an enlargement, reconstruction or structural change in the basic building which houses an existing nonconforming use. Respectfully HAROLD W. TZ HWK:d Town Attorney cc: Zoning Board of Appeals ~ Planning Board "-- Miller and Mannix, P. C. Building Inspector '- 6~ Cb. '"' When questioned by Mr. Streeter, Mr. Zol~ said Tor- ',- rington was not aware,at the time of their negotiations with Mr. Johnson, of the Town of Queensbury's interest in the land for a land-fill. Mr. Zol~ told Mr. Kurosaka that the value of raw material is 15 to 25 cents a cubiò yard. He told Mr. Hutton that it was Torrington's Policy to leave a 100 ft. screen of trees and knock down any dust that might be made from the excavation. Mr. Morris asked George L. SPaulding and Robert W. Leavitt to testify on behalf of Torrington Construction. Mr. SPaulding told the board that the FHA or VHA would not finance any develoPment of the area and that any excava- tion of sand and gravel would not change the character of the land. Mr. Leavitt described the land and exPlained the ways of egress and ingress. Mr. Morris submitted an affidavit from Estella J. Bennett, joint owner of adjoining ProPerty, stating there was no objection to the granting of said variance and to the Processing of the gravel. APPearing in oPPosition were John Austin, Town Councilman, And SuPervisor Gerald Solomon. Mr. Austin told the board that the Town Board has long studied the Problem of disPosal of refuse within the Town and the landfill oPeration has been the focal subject. He said the Town, more than a year before, had entered into negotiations with Mr. Johnson, and that he (Mr. Aust~n) had insPected the ProPerty on several occasions. He said the Petitioner has created its own hardshiP knowing full well when the Purchase was made that a variance would - be required. Mr. Solomon concurred with Mr. Austin. Mr. Kurosaka asked if the Town planned to cover 4 million tons of gravel with garbage. 60 H. -- Also aPPearing against the aPPlication was Mr. Sissone who asked if Torrington was also contemPlating making concrete.. APPearing on behalf of Torrington was James DemPsey who said sand and gravel use is enlarging every year and there is a very strong need for getting the ProPer material. Mr. Hutton asked if there was some agreement to Provide Part of the land to the Town of Quensbury. ...v Mr. Zoley stated that they had had meetings with the Town Board and offered outright gifts of Portions of the ProPerty and have been rebuffed. Mr. Solomon said the need for land is 5,lO,or 50 years from now....by losing this land it creates a hardship on all of the PeoPle of the Town of Queensbury....by losing this land, the Town would lose access to another 100 acres toward Fort Ann....within ten years, the Town will have 30,000 PeoPle....if Torrington Paid $20,000, the Town is willing to buy it from them for $20,000.... there is a resolution on the record now authori~ing Mr. Solomon to Purchase the land at that Price. . ...¿.. Mr. Zol-r told the board that Torrington was willing to give the Town access and the other 2 million tons of dirt for cover. The Warren County Planning Board and The Town Board aPProved the request. The Board: RESOLVED: aPPlication for a variance by Torrington Construction ComPany to extract sand and gravel in an R-3 ~one adjacent to the Queensbury Landfill be adjourned until January, 1972, to Permit the board amPle time to review the submitted material. - 6(PI, '- In the final matter of Public hearings, the chairman read Proof of Publication for variance aPPlication #219 by WEST MOUNTAIN S.ALES TO PLACE AN OVER-SIZED SIGN ON THE FACE OF BUILDING ON THE kR~ERTY SITUATED AT CORINTH ROAD, TOWN OF QUEENSBURY. APPearing on behalf of the aPPlication were Thomas C. Hardy, Judge Sign CorPoration,and Claude Brandt of West Mountain, Sales. Mr. Brandt told the board a ground mounted sign had been refused because of a residential district. He said they would like a 6 x 6 illuminated sign mounted to the building. He submitted a Picture of the ProPosed sign to the board. Mr. Kurosaka stated that this sign does conform and Mr. Fit~gerald recalled the board's Previous ruling that West Mountain remove the other two signs~ and said West Mountain could not erect and/or take down signs Piecemeal. The Board had aPProved a non-conforming sign (facia) at a Previous meeting. Walter SPringer aPPeared on behalf of the aPPlication The Board: RESOLVED: aPPlication #219 by West MountainSales, to place an over-sized sign on the face of building on the ProPerty situated at Corinth Road be deferred Pending the receipt of an oPinion by Town Counsel. There being no further business to come before the board, on a motion by Mr. Streeter, seconded by Mr. Sicard, the meeting was adjourned at 10:25 P.m. "- ~~~ /~ Secretary