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1972-07-19 101., MINUTES of the ~ublic hearing of the Zoning Board of APPeals of the Town of Queensbury held on July 19, 1972 at 7 : 35 P.m. There were Present: John Fitzgerald Charles Hutton Charles Sicard George Kurosaka being the members of the board, excePting Richard SandersPree who was absent for this meeting. *-See insert on last page. In the matter of old business, Mr. Fitzgerald, the chairman, exPlained that aPPlication for variance #237 by Carrols Restaurant was a rePetition of a Previously aPProved sign in January, 1970 (the facia Portion). Mr. Hutton rePorted that on July 5, 1972, the Town Planning Board recommended aPProval as long as the Provisions of Variance #150 have been comPlied with. The Warren County Planning Board also aPProved. There were no aPPearances for or against the aPPlication. The Board: RESOLVED: aPPlication for variance #237, CARROLS Restaurant, that in view of the fact that aPProval granted for variance #150 has eXPired, that the re- quested facia sign be aPProved uPon the grounds that it is less non-conforming than the existing sign. In the matters of new business, Mr. Fitzgerald estab- lished Proof of Publication for aPPlication for Variance #242, HAWLEY-BOWEN ADVERTISING TO PLACE A FREE STANDING SIGN 10' FRONT SETBACK IN LIEU OF THE REQUIRED 50' SETBACK ON THE .t'ROt'ERTY SITUATED AT MILLER HILL, WES'f SIDE OF ROtITE 9, TOWN OF QUEENSBURY. ~Pearing on behalf of the aPPlication was Gary Bowen 10'3. who told the board the building is exactly 40 feet from the ROW and they are ProPosing to set the sign 10 feet back. He said the sign would be aPProximately 10 sq. ft, conforming excePt for the setback requirements. When Mr. Kurosaka asked about illumination, Mr. Bowen said it would not be and that he had submitted Pictures tothe Warren County Planning Board. Mr. LiaPes rePorted that his dePartment had also taken Pictures but they had been misPlaced. Mr. Bowen exPlained the area and described the other signs which were interfering. There were no other aPPearances. The Warren County Planning Board afProved and the Town Board aPProved 30 ft setback. Mr. Bowen said if it were 30 feet, they would have to take down a 30 ft. sPruce tree or Put an island in the middle of the Parking lot. The Board: RESOLVED: aPPlication for Variance #242 by Hawley- Bowen Advertising be aPProved since this is the minimum variance required for the reasonable use of the land. Mr. Fitzgerald then read Proof of Publication for aPPlication for Variance #243 by GEORGE A MAKSAIL TO RECON- STRUCT A SEASONAL DWELLING WITH REAR (LAKE SIDE) SETBACK OF 18.5' IN LIEU OF THE REQUIRED 30' SETBACK AND 5' FROM EITHER SIDE IN LIEU OF THE REQUIRED 5' and 10' ON THE PRO~ERTY SITUATED AT LAKE SHORE DRIVE, ROUTE 9L, 'IDWN OF QUEENSBURY. Mr. Maksail, ~Pearing on his own behalf, told the Board he Purchased the land in November, 1968. The lot is 35 ft on the lake side and 25 ft on Route 9L and 206 ft in dePth. He said he had an existing summer cottage which is Poorly constructed. He further stated that he would like to tear down the existing building and re-build. It encroaches on his neighbor's land on the north and south; his family has , tJ'1. grown; he needs the room; the new building would resPect the neighbor's lines; consents have been signed by the land -- owners on the south; verbal agreement from the neighbor on the north - John Buchanan. Mr. Fitzgerald told the members that he had heard from Mr. Buchanan and he is in full accord with Mr. Maksail's request. Mr. Kurosaka noted that it would be more conforming than at Present. Mr. Irving Barber aPPeared and noted his aPProval. The Town and County Planning " Boar~ aPProved noting Mr. Maksail's hardshiP. The Board: RESOLVED: aPPlication for variance #243, George A. Maksail, be aPProved since strict aPPlication of the ordinance would result in substantial difficulty or unnecessary hardshiP and would dePIive the owner of the reasonable use of the land. The ProPosed structure is less non-conforming than the existing building. Proof of Publication was established for aPPlication for variance #244, J. R. SOUSA AND SONS, BP SERVICE STATION, TO .t'LACE A CONFOßHNG SIGN LESS THAN THE REQUIRED 50' SETBACK ON THE .l;'ROt'ERTY SITUATED AT THE CORNER DIXON AND AVIATION ROADS, TOWN OF QUEENSBURY. Messrs. Fitzgerald and Hutton noted that the request is for a Price sign. There were no aPPearances for or against the aPPlication. Mr. LiaPes rePorted that he had seen the Plan for the sign and that they wanted another sign in addition to the BP sign. The Town .t'lanning Board disaPProved saying it would be more non-conforming. The Board: RESOLVED: aPPlication for variance #244, J. R. Sousa and Sons, be disaPProved since no hardshiP has been shown . Mr. Fitzgerald then read Proof of Publication for aPPli- cation for variance #245, LOUISE KITTREDGE TO CONVERT A () S GARAGE AND STORAGE BUILDING INW TEMPORARY SUMMER LIVING '-" QUARTERS ON THE .t-'ROt"ERTY SITUATED AT GUNN LANE, CLEVERDALE, TOWN OF QUEENSBURY. M-Pearing on behalf of the aPPlication was Mr$. Kittredge's daughter, Mrs. Nancy Geiser. Mr. Edwin Worste; who lives next doo~ aPPeared and said he did not receive notification of the hearing. He asked what constitutes a residence? Mr. Fitzgerald advised that no one could Put a second residence on ProPerty excePt with Permission from the Zoning Board of APPeals which is a method or alleviating hardshiP created by the zoning ordinance. Mrs. Geiser told the board that Mrs. Kittredge would like to live in the garage when her grandchildren were visiting. Mr. Kurosaka read the definition of a dwelling. There were no other aPPearances. Mr. Hutton read a letter from Harold Wells mentioning a covenant in a deed stiPulating not more than one dwelling on the ProPerty in question. The Town Planning Board disaPProved saying this would Place 2 residences on one lot. Mr. Kurosaka asked if it would mean sleePing,bathroom, and kitchen facilities. The Board: RESOLVED: aPPlication for variance #245, Louise Kittredge, has been tabled until next month in order that the aPPlicant can Produce her ProPerty deed to clarify the covenant, if any. In the final matter of new busine~ Mr. Fitzgerald read Proof of Publication for aPPlication for variance #246, CHARLES COFFIN TO EXPAND A NON-CONFORMING USE FROM THREE HORSES TO EIGHT HORSES ON THE .i:"ROt'ERTY SITUATED AT FARM-TO- MARKET ROAD, TOWN OF QUEENSBURY. Jo ,. APPearing on behalf of the aPPlication was Charles Mac Coffin who said he had talked with the neighbors and they had no objection. Mr. Hutton, the secretary, advised that he had received a Phone call from Mr.& Winnie LaRose filing her ob- jection.The Warren County Planning Board recommends aPProval. The Town Planning ~oard aPProved with the comments that if neighbors are considered, this should have a time limit if the character of the area changes. There were no other aPPearances. The Board: RESOLVED: aPPlication for variance #246, Charles Coffin, be aPProved for a 2 year Period on the grounds that is is in general harmony with the surrounding area at the Present time. At this time, Mr. Felix Gigliotti and C. C. Vielhaurer aPPeared on behalf of Carrols Restaurant and exPlained the background of the 1970 request. Mr. LiaPes stated that they were suPPosed to bring Proof that the sign has been there since 1964. Messrs. Gigliotti and Vielhaurer Presented Plans for the requested sign. There being no other business to come before the meeting, uPon motion duly made by Mr. Sicard, seconded by Mr. Kuroska, and carried unanimously, the meeting was adjourned at 9:35 P.m. ~ --~/ -~ /£~,/ '/4/=:" ecretary I *On motion duly made by George Kurosaka, seconded by Charles Sicard, the minutes of the previous meeting were approved as read.