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1972-02-16 "'3. ',--- MINUTES of the Public hearing of the ¿oning Board of APPeals of the Town of Queensbury held on February 16, 1972 at 7: 45 P.m. There were Present: John Fitzgerald Charles Sicard Charles Hutton Richard Sande sPree being the members of the Board, excePting George Kurosaka who was absent for this meeting. On a motion by Mr. Sicard, seconded by Mr. Sandespree, the minutes were aPProved as read. In the matter of new business, Mr. Fitzgerald, the chairman, read Proof of Publication for aPPlication for variance #221 by NORTHERN DISTRIBUTING COMPANY, INC.EOR SIGN LESS THAN THE REQUIRED 50' SETBACK ON THE rRO.t'ERTY SITUATED SIS OF CORINTH ROAD, ONE MILE WEST OF NORTHWAY, TOWN OF QUEENSBURY. Mr. Fitzgerald, HI assume these are conforming signs within 50' of the ProPerty line. We are talking about set- back requirements.H APPearing on behalf of the aPPlication was attorney Patrick J. Mannix who said, HThis is an aPPeal from the decision of the Planning Board regarding the setback of two brand name signs-Gene see and Budweiser. On the Corinth Road from the city line to the West Mountain Ski turnoff, there are 13 signs all of which are within 10 or 5 feet of the setback. We are Pleading hardshiP. We are being discriminated against...PeoPle Picking -- uP suPPlies cannot see ~ntil they are immediately in front of the Premises (slamming on their brakes when they see the ProPerty.) " ~1 Mr. Mannix submitted several Pictures (taken from different locations and distances) to the Board showing them the difficulty in seeing the Present signs on the building. APPearing against the aPPlication was Mr. Greeno who lives i mile west on the Corinth Road above the Northern Distributing ComPany. He asked if it was a retail business and Mr. Mannix answered it was wholesale. Mr. Mannix ex- Plained that Northern Distributing does not have the facilities to deliver on a minute~ notice and PeoPle fre- quently go to the Plant to Pick uP their orders. He further stated Promotional advertising encouraged customers to go to the Plant and that they had a Problem finding it. Mr. Fitzgerald encouraged Mr. Greeno to look at the Photos Presented to the Board and Mr. Mannix asked him to look at the Plan for the signs. Mr. Sandespree asked if the signs would be lighted and Mr. Mannix rePlied, "Yes." Theodore Zoli Jr. aPPeared on behalf of the aPPlication. When Mrs. Donald Smith who lives directly across from the Northern Distributing ComPany aPPeared, the Board showed her the Planned sign and they studied the layout and setback. Mr. Fitzgerald said the signs were conforming and that they meet the zoning ordinance requirements and that the only question before the board is Permission to bring the signs forward on the ProPerty. There were no other aPPearances. The Queensbury PlanningBoard dis~Proved on grounds of in- sufficient reasons being shown. The Board: RESOLVED: Variance #221 by Northern Distributing Co., [ '-- ~ó. Inc., for a sign less than the required 50' setback be aPProved Provided that the requested sign be set back not less than 35' from R.O.W. and that the illumination be extinguished by 11:00 P.m. It is the opinion of the B┼ôrd that this is in harmony with the general PurPose and intent of the ordinance and is necessary for the reasonable use of the land. Mr. Fitzgerald then read Proof of Publication for aPPlication for variance #222 by ED BANTA'S SEA FOOD TO PLACE A SIGN IN AN R-4 DISTRICT ON THE .t'ROJ:'ERTY SITUATED AT THE N.E. CORNER OF BAY AND CRONIN ROAD, TOWN OF QUEENSBURY. This is to make use of an existing sign for the ~urPose of directing traffic to Mr. Banta's Place of business at 48 Cronin Road. He agreed he would remove the sign in the event that Bay Road is widened. APPearing on behalf of the aPPlication was Edward Banta who told the board he had rePainted an existing sign no knowing it was against the ordinance. He said if the sign were not accePtable, he would be glad to take it down. Mr. Fitzgerald read a letter from Mr. and ~rs. James K. Robison (attached to these minutes) requesting that the variance be granted. Mr. and Mrs. Willard Shanahan who live on Cronin Road aPPeared against the aPPlication. Also aPPearing against the aPPlication was Dr. Robert Westcott, 84 Glenwood Avenue, who asked that careful con- sideration be given to Mr. and Mrs. Shanahan's reasons for removing the sign and who also asked if the existing sign was within the ordinance. Mr. Sicard answered that sizewise it is, but not in the existing setback. He also said that the Board is not emPowered to make Mr. Banta take the sign down. Mr. Fitz- "-' gerald advised that Mr. Banta had Permission from the ProPerty b~ owner but that if the ProPerty were sold, Mr. Banta would "be out a sign." There were no other aPPearances. There was no rePort from the Planning Board. The Board: RESOLVED: Variance #222 by Ed Banta's Sea Food to ~lace a sign in an R-4 district be referred to Town Counsel for determination as to the necessity for variance to change the wording on an existing sign. In the matter of old business, Mr. Fitzgerald told the assemblage that S~ecial Permit #27 by Zayre CorPoration was a continuation of a hearing commenced at the August meeting. APPearing on behalf of the Permit was William Bacas, attorney for Zayre CorP. Mr. Bacas, "From August to the Present time there have been two main concerns of the Board and the Planning Board - traffic and the question of the lack of maintenance of the general Parking area in the ¿ayre ShoPPing Center.... An agreement was made that Zayre would assume the resPonsi- bility of cleaning the Parking area and the owner would Pay for it....Mr. Rosedale and Mr. Daniels are here to give assurance to the Board that the maintenance will be as the Board would like it.....I asked Mr. LiaPes if there had been comPlaints and he said there had been none since at least SEPtember or October of the Past year to the Present time... ¿ayre will assume this resPonsibility and we will do, hoPe- fully, a job that will meet your standards and requirement.." When Mr. Sicard asked about the equiPment being used, Mr. Daniels told the Board a Power sweePer was being used and carts are Picked uP at least 2 or 3 times during the day. He said they had the equiPment on a rental basis. Mr. Rose- dale, re~esenting the owner said Zayre would do the work 0'1· "" and the owner would Pay the bills. He felt it would be ProPerly suPervised by Mr. Daniels, manager of Zayre's. Mr. Bacas, "At the last meeting I told this Board we would withdraw the request for a cut." Mr. Bacas submitted an affidavit from R. Kees of the New York State DePartment of TransPortation and the Board discussed the traffic count and other details of the affidavit with Mr. Bacas. The Board: RESOLVED: APPlication for SPecial Permit #27 by Zayre CorP. to place a gasoline filling station in a C-3 zone on the ProPerty situated at Zayre ShoPPing Center on Route 9, Town of Queensbury, be aPProved for a 1 year Period from date of comPletion Provided that aPProval of the Town Beautification Committee be obtained to the building Plans and that no non- conforming signs be erected on the Premises. In the final matter of old business, there were no aPPearances for variance #219, West Mountain Sales to Place signs on the ProPerty on Corinth Road. The Board: RESOLVED: APPlication #219 by West Mountain Sales, Inc. to erect a 6' x 6' non-illuminated sign on the building owned by the aPPlicant and located in an R-3 zone be aPProved uPon the condition that the aPPlicant remove the existing 4 signs having a total of 107 sq. ft. This decision is granted on the grounds that the variance is neaessary for the reasonable use of the building and is the minimum variance that will accomPlish this PurPose. On a motion by Mr. Hutton, seconded by Mr. Sicard, there being no further business to come before this meeting, the meeting was adjourned at 10:15 P.m. _é/~ ;- ~ Secretary