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1972-01-19 $"10. MINUTES of the public hearing of the Zoning Board of '- Appeals of the Town of Queensbury held on January 19, 1972, at 7:35 p.m. There were present: John Fitzgerald Charles Sicard George Kurosaka Richard Sandespree being the members of the Board, excepting Charles Hutton who was absent for this meeting. On a motion by George Kurosaka, seconded by Charles Sicard, the minutes of the previous meeting were approved as read. In the matters of old business, William Bacas, attorney, appeared on behalf of Special Permit #27 by Zayre Corp. to place a gasoline service station on Route 9, Miller Hill. Mr. Bacas stated that since he was led to believe there would be no quorum at this meeting, he had cancelled appearances of Raymond Kees, Department of Transportation, State of New York; the owner of Zayre's; and the manager of Zayre's. (Mr. Kurosaka again disqualified himself because of his interest in the application.) Mr. Bacas explained that he had planned pertinent testimony for this meeting and asked for a special meeting before February 1. Mr. Fitzgerald advised that a special meeting would not be possible but that the Board had no objection to taking written testimony. Mr. Bacas said ~ the proposed cut that had been requested in the application would be withdrawn. The Board tabled the request until the S~. February 16, 1972 meeting at request of counsel for the applicant. Mr. Fitzgerald then read into the record a letter from Harold W. Katz, Town Attorney, regarding proposed condemnation proceedings against Torrington Construction Co., Inc. and suggesting that no further action be taken by the Board on their request for a variance. (This letter is attached to these minutes.) Mr. Robert Morris, attorney for Torrington, requested the Board to make their decision on the basis of the evidence presented at the December 15th hearing, saying the condemnation proceedings should have no effect on the Board's decision. The Board: ~ RESOLVED: in accordance with the recommendation of the Town Attorney, this Board will take no further action on the application for a variance by Torrington Con- struction Co., Inc., until further recommendation from the Town Attorney. In the matter of Variance #219, application by West Mountain Sales to place non-conforming signs on the Corinth Road, the Board: RESOLVED: this request be tabled until February 16th meeting awaiting opinion of the Town Attorney. In the matter of new business, Mr. Fitzgerald read proof of publication for Application for Special Permit #30 by PETROL OIL CORPORATION FOR AN INTERNALLY ILLUMINATED ROTATING SIGN ON PROPERTY SITUATED AT THE CORNER OF PINE AND MAIN STREETS, TOWN OF QUEENSBURY. Appearing on behalf of the application were Paul H. Nelson and Charles Painter. Mr. 6-8 Nelson submitted photos of other existing stations and explained to the Board that one of their biggest fortes was selling gasoline and oil strictly on price. He said their stations did no inside work. Mr. Fitzgerald asked for a plot plan of the property and Mr. Sicard asked if Petrol's acqui- sition of the property was recent. Mr. Kurosaka stated that a sign could not be lighted and rotating. Mr. Fitzgerald told the applicants that the Board had not approved a rotating sign before. Mr. Nelson made reference to Esso's sign on the Corinth Road (rotating) and Mr. Sicard replied this had been erected before zoning. Mr. Sandespree asked if the sign would be illuminated at night and Mr. Nelson replied, "Yes." Mr. Nelson further stated that the sign would not be flashing but lighted and rotating at a slow speed. The Town and County Planning Boards disapproved, the Town Board stating they might approve pending legal interpretation. There were no other appearances. The Board: RESOLVED: Application for Special Permit #30 by Petrol Oil Corporation be disapproved as the requested permit would not be in harmony with the general intent and purpose of the zoning ordinance. On a motion by Mr. Sicard, seconded by Mr. Sandespree, there being no further business, the meeting was adjourned at 8:40 p.m. ~¿/Pd- ;-~ Secretary ,-- s,. I Jown 0/ Queenðbup'1 :; \.- QUEENSBURY TOWN OFFICE BUILDING l' ": t: BAY AT HAVIL.AND ROAD, R. D. 1 GL.ENS F AL.L.S, NEW YORK, 12801 TEL.EPHONE: (518) 793·2555 , ÿ: DIIJOAItTMKNT ~anuary 19, 1972 Hon. Zoning Board of Appeals Town of Queensbury Town Office Building Glens Fa~ls, New York 12801 Re: Proposed Condemnation Proceedings against Torrington Construction Co., Inc. Gentlemen: 1 .~ :1 ·1 I Please be advised that pursuant to Resolution 130 of the Town Board of the Town of Queensbury and the Condemna- tion Law of the State of New York, condemnation p~oceedings have been instituted by the Town of Qu~ensbury against Torrington Construction Co., Inc. to acquire the lands commonly known as the "Johnson Property" on the east side of Ridge Road in the Town of Queensbury. <: As required by said Condemnation Law, an Offer to Purchase has been made and ser.ved on Torrington Construction Co., Inc. A Petition for Condemnation has been prepared and will be served upon said TorringtDn Construction Co., Inc. forthwith. "1 i\ ~j 'I ;¡ ~f It is my opinion that in light of the pending condemnation proceedings, your honorable board should take no further action upon the pending variance application sub- mitted by said Torrington Construction Co., Inc. "- HWK:vh cc: Hon. Gerald B. Solomon, Building Inspector Town of Queensbury Planning Board ~llY yours rð~ HAROLD W. KATZ . Town Cwnsel Supervisor ·1 ' ·1 j ~¡' ^ PROGRESSIVE COMMUNITY...A BETTER P\.ACE TO LIVE.. WATCH QUEENSBURY GROW