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1972-03-15 112 MINUTES of the Public hearing of the Zoning Board of APPeals of the Town of Queensbury held on March 15, 1972 at 7: 37 P.m. There were Present: John Fitzgerald Charles Hutton Charles Sicard Richard SandesPree being members of the Board, excePting George Kurosaka who was absent. On a motion by Mr. Sicard, seconded by Mr. Hutton, the minutes of the Previous meeting were aPProved as read. In the matter of old business, Variance #222, Edward Banta-Sign, Cronin Road, an oPinion by the Town Counsel was read by Mr. Fitzgerald and it was determined that lack of Provision in the Zoning Ordinance eliminated the requirement of a variance. The Board then considered the following items of new business: Mr. Fitzgerald read Proof of Publication for Variance #220 by VERMONT INTERNATIONAL PETROLEUM COM.t-' ANY. INC. FOR A GASOLINE FILLING STATION ON THE .t"ROt"ERTY SITUATED AT FARM- TO-MARKET AND RIDGE ROADS. TOWN OF QUEENSBURY. Because ~Plicants were unable to attend the Planning Board meeting, the Board resolved: RESOLVED: apPlication for variance #220 by Vermont Internation Petroleum ComPany, Inc. for a gasòline filling station located at Farm-To~Market Road and Ridge Road be held over until the APril 1972 meeting. The advertisement will be Placed again and everyone will be notified by letter. b9. Proof of ~ublication was then established for aPPlication for Variance #223 by ROBERT T. VAN DYKE TO TEAR DOWN AN EXISTING GARAGE WHICH IS 1 CAR AND ERECT ON THE SAME SETBACK LINES A NEW 2 CAR GARAGE LESS THAN THE REQUIRED 30' SETBACK,. ON THE PRO.t"ERTY SITUATED AT ASSEMBLY .t"OINT, TOWN OF QUEENSBURY. APPearing on behalf of the aPPlication was Mr. VanDyke who answered Mr. Sicard's question by saying it would be a new building on the other side. He exPlained the setback to the Board. When Mr. Fitzgerald asked if he would be adding on to an existing garage, Mr. Van Dyke rePlied he would tear it down and build in the same Place. Mr. Sande sPree asked about the exact location. There were no other questions or aPPearances. The Board: RESOLVED: aPPlication for variance #223 by Robert T. Van Dyke, Assembly Point, Town of Queensbury, for the construction of a two car garage less than the required 30' setback in re~lacement of an existing one car garage be aPProved. It is granted on the grounds that the strict aPPlication of the ordinance would result in unnecesary hardshiP and dePrive the owner of the reasonable use of the land. Mr. Fitzgerald read Proof of Publication for aPPlication for Variance #224 by JOHN GOETZ, TO PLACE A GARAGE LESS THAN '!HE REQUIRED 30' SETBACK (FRONT) ON THE l-'R().t:'ERTY SITUATED AT THE ASSEMBLY J;'OINT ROAD, TOWN OF QUEENSBURY. This would be the only location for a garage due tohouse being close to road when new road was Put in. Mr. Fitzgerald again asked Mr. LiaPes to furnish a coPy of the rules and regulations of the Assembly Point Association so that the Board can be sure it is not breaking any of the Association's regulations. '70. Mr. Fit~gerald asked Mr. Goetz, "Are you breaking any of the rules and regulations of the Assembly ~oint Association?" Mr. Goetz, "No. I am a member." Mr. Fitzgerald, "You have a garage on the lot?" Mr. Goetz", "No, I do not have one." Mr. Sicard, "Will it be attached to the house?" Mr. Goetz, "Yes." He exPlained the land and what would be the entrance and exit. Mr. H~tton noted that it would be about the same as Mr. Van Dyke's. There were no other questions or aPPearances. Mr. Hutton has noted the following for the record, "We received a call from a James Wagar, ProPerty owner on the north side of Mr. Goetz. Mr. Wagar is temPorarily residing at 111 PomPano Beach, Florida, aPartment 504. He received the notice of Public hearingtoday (3/15) and, of course, was interested in knowing what was going on. I indicated to Mr. Wagar that the Public Hearing had been comPleted; however, I would voice his oPinions to the Board for consideration. He indicated that he would like to expreS,$ a grievance only because he was not aware of the ProPosed construction by Mr. Goetz." The Board: RESOLVED: aPPlication for variance #224 by John J. Goet~, Assembly Point Road, Town of Queensbury, for the construction of a two car garage less than the required 30' setback be aPProved. It is granted on the grounds that the strict aPPlication of the ordinance would result in unnecessary hardshiP and dePrive the owner of the reasonable use of the land. -- '1/' -- In the final matter of new business, Mr. Fitzgerald disqualified himself as having an indirect interest in apPlication for SPecial Permit #31. Mr. Sicard acted as chairman and read Proof of Publication for aPPlication for SPecial Permit #31 by KAYO OIL COM~ANY FOR A GASOLINE SERVICE STATION ON THE ~R~ERTY SITUATED AT THE SOUTH SIDE OF QUAKER ROAD. ADJOINING THE D & H R.R. SIDING ON mE WEST, TOWN OF QUEENSBURY. Wallace Brice aPPearing on behalf of the aPPlication told the Board that Kenneth W~lker could not make an aPPearance because of the snow. Mr. Brice exPlained the setbacks to the Board. Mr. Sicard, "Isn't there a hole in that area? What about widening the Quaker Road?" Mr. Brice, "The road is going to be widened on the other side. They have qone to the State and have the Plans for the widening." James Bovair also apPeared on behalf of the apPlication . Mr. Hutton, "This is right next to Grossman's?" Bovair, "Yes. There is a culvert and brook behind. It is 250 feet from the corner. Mark Doyle owns all the land." Messrs. Brice and Bovair continued to exPlain the Plan of oPeration (Hess tyPe> and assured theBoard there would be shrubs and would conform with the area. There will be Parking for the emPloyees. There will be no services, no washing. A plan for the shrubbery will be filed with the Building InsPector. It will not be self-service; no rePair work, no greasing, no cars left on the ProPerty. They have 7:1.. checked with the Health DePartment regarding sePtic tanks. They asked if the Board would give aPProval contingent on the Health DePartment's aPProval. Mr. Sicard, "I don't see any aPPlication for a sign." Mr. Brice, "Price sign stating Price and a sign on the toP of the building. Only sign on the toP would be KAYO. As a sign is not shown, we understand we may have to get a variance." The Town and County Planning Boards disaPProved - the County Planning Board noted Possible drainage to the brook. Mr. Brice, "I don't think with our tyPe of oPeration there would be any seePage. We are very strict with the Personnel - they cannot work on their cars." Mr. Hutton, "Will it be a lease arrangement?- Mr. Brice, "No. Directly oPerated by the comPany." There were no other aPPearances. The Board: RESOLVED: aPPlication for a SPecial Permit #21 by Kayo Oil ComPany for a gasoline service station on the ProPerty situated at the south side of QuakerRoad, adjoining the D & H railroad siding on the west, Town of Queensbury, be held over until the APril meeting in order to Provide further study of building, landscaPe and sewage disPosal Plans. There being no further business, on a motion by Mr. Sicard, seconded by Mr. Hutton, the meeting was adjourned at 9:30 P.m. ~~7~ Secretary