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1973-03-21 I~~ MINUTES of the public hearing of the Zoning Board of r Appeals held on March 21, 1973. There were present: Charles Sicard Charles Hutton Richard Sanderspree being the members of the Board, excepting John Fitzgerald, Chairman, and George Kurosaka who were absent for this meeting. In the absence of Mr. Fitzgerald, Mr. Sicard acted as chairman. On a motion by Richard Sanderspree, seconded by Charles Sicard, the minutes of the January meeting were approved as read. No action could be taken on the February minutes because Mr. Hutton was absent for the February minutes and Mr. Fitzgerald was absent for this meeting. Since there was no old business, Mr. Sicard proceeded to establish proof of publication for application for variance #282 ALBANY PUBLIC MARKETS TO PLACE AN OVERSIZED SIGN LESS THAN THE REQUIRED 50 FOOT FRONT SETBACK ON THE PROPERTY SITUATED AT UPPER GLEN STREET. TOWN OF QUEENSBURY. Appearing on behalf of the application was Thomas Hardy of Judge Sign Corporation. . Mr. Hardy submitted several pictures showing the approach to the Albany Public Market. The market is asking for this variance to allow relief from the hardship created by the Albany Savings Bank building which obstructs the only identification for Albany Public ,-\ Market. The Board studied the pictures and Mr. Siard asked Mr. Hardy if he had a picture of the sign. Mr. Hardy replied, "Yes, it is a simple sign, neat in appearance. It is a double lID'? faced sign, illuminated, with no exterior lighting." The Planning Board commented that this hardship is a self-imposed one. Mr. Hutton asked if the Albany Public Market owned the land that the Albany Savings Bank had acquired, and Mr. Hardy replied in the affirmative. When Mr. Sanderspree asked how far back the pole was, Mr. Hardy said he had not taken a measurement on it. He said probably 62 feet. There were no 6~her appearances for or against the application. The Town Planning Board disapproved with the conunent, "This is consistant with our decision on #187 April 7, 1971--hardship stated is self-imposed." The Board: RESOLVED: application #282 by Albany Public Markets for an oversized sign less than required setback is not granted. The Board is of the opinion that no hardship has been shown. Mr. Sicard then established proof of publication for application for variance #283 WILLIAM A GRAVES TO HAVE 2 RIDING HORSES ON A PARCEL OF LESS THAN 10 ACRES ON THE PRO- PERTY SITUATED AT ROCKHURST AND SEELYE ROAD, CLEVERDALE, TOWN OF QUEENSBURY. The reason for this variance as stated on the appli- cation is, "We would li~k to put 2 riding horses on the 3 parcels of land where there is already a home. A horse or pony was kept there until October 1971. We would like to purchase additional land from the neighbor. There is also a small horse barn." No one appeared to represent the application. Appearing against the application was Harold \~~ Smith who said, "We don't think there should be any variance granted. The ordinance calls for not less than 10 acres. If this is approved, it will open the door for other variances not as desirabléeas this one. I am definitely opposed to having any horses on this land." Also appearing against the application were Mrs. Green, Jerry Gates, and Mrs. Beales. There are two letters attached to these minutes, one from Milton S. Mead and one from William L. Sherman also signifying their objections to the application. The Planning Board disapproved, commenting that it is not a proper location for having horses. There were no mther appearances for or against the application. The Board: RESOLVED: appl±cation #283 by William L. Graves for variance to harbor 2 horses on a parcel of less than 10 acres is not granted. The Board is of the opinion that such variance would not be in general harmony with the surrounding area. PtÒOÍ of publication was then established for variance #284 GEORGE I. NELSON TO PLACE A USED CAR LOT IN A C-l ZONE ON THE PROPERTY SITUATED ON THE FARM-TO-MARKET ROAD, TOWN OF QUEENSBURY. The application states, "Desire to use premises described for Used Car Lot. Premises are located in C-I Zone and use desired is permitted special in C-2 Zone. Applicant contends that premises are legitimately used as it was a non- conforming use at the time the ordinance was adopted. How- ever, to resolve any question, this application is made." Appearing on behalf of Mr. Nelson, was attorney George \\06 Zurlo who said, "Mr. Nelson had used the property for the sale of used cars since 1966." When Mr. Boynton was asked if he had received a complaint so far as used cars were con- cerned, Mr. Boynton suggested that Mr. Nelson apply for a variance in order to eliminate any further complaint as far as the sale of cars is concerned. Mr. Sicard asked if Mr. Nelson had been selling cars consistently in the last four years. Mr. Zurlo replied affirmatively. When Mr. Sanderspree asked if they had been sold on the lot in question, Mr. Zurlo replied, "On all portions of the property. The front portion was sold to Vermont Petroleum." Mr. Zurlo said that Mr. Nelson had no intention of increasing the use as such. Mr. Hutton commented that he could not recall seeing used cars for sale on this property. Mr. Zurlo said the cars were on the lot but there was no sign as such. The cars were there with signs in the windows(for sale.) Mr. Hutton asked how many were sold at this location since 1966. Mr. Nelson appeared and said probably twenty or thirty. There were no other appearances for. Appearing against was Robert Spain, ~resident of V.I.P. Realty. He said, "We find that there now exists to the east two trailers on blocks, three or four wrecked (or junk) cars, and we are trying to upgrade the property. We feel there should be certain restrictions placed on having a used car lot." Mr. Sicard asked if the trailers were presently occupied and Mr. Spain replied, "1 have no idea. One is presently for sale and the other is used as an office." \~~ Mr. Sicard, "How long has that trailer been on the lot?" Mr. Zurlo, "Just about a year." Also appearing against the application were Gilbert Maille, James Carlaw, Warren Bennett, and Edward O'Connor. Clarence Smith appeared and said, "1 live four-tenths of a mile from 9-L. I do not object to any man making an honest dollar." Attached to these minutes is a letter from Benjamin L. Aronson and Gloria J. Aronson asking for clarification of the zoning in this area. The Town Planning Board dis- approved with no comment and the Warren County Planning Board disapproved with no comment. The Board tabled a decision until the April meeting since one member abstained from voting, consequently causing lack of a quorum. Mr. Sicard then established proof of publication for application #285 WATSON W. PEARSON TO ENCLOSE A PORCH AND OPERATE A BEAUTY SHOP ON THE PROPERTY SITUATED AT 11 CARROLL STREET, TOWN OF QUEENSBURY. Appearing on his own behalf was Mr. Pearson who explained the plot plan to the Board. There were no other appearances for or against. A letter from Mr. and Mrs. Walter Tucker, 6 Bell Avenue,was read by Mr. Hutton and is a part of these minutes. Mr. and Mrs. Tucker approve the application. The Town Planning Board approved with no comment. The Board: '~ RESOLVED: application #285 Watson W. Pearson for a beauty shop on the property situated at 11 Carroll Street is granted. The Board is of the opinion that strict application of the zoning ordinance would deprive the applicant of the reasonable use of the land. In the final matter of business, proof of publication was established for variance #286 FINCH PRUYN SALES, INC. \~, TO PLACE TWO OVERSIZED SIGNS ON THE FACADE OF A NEW STORE ON THE PROPERTY SITUATED AT QUAKER ROAD AND LAFAYETTE STREET, TOWN OF QUEENSBURY. Appearing on behalf of the application were attorney R. Case Prime, Glenn Spoor, Joseph Gallero and Guy Romer, attorney from Mr. Prime's office. Mr. Prime told the Board that the Town and County Planning Boards have approved the sign. He presented pictures for the Board to study. Mr. Romer said that not granting the variance would create a hardship. He said Finch Pruyn has invested $500,000 in the new building and that the building is in general harmony with the restrictions for the surrounding area. Mr. Gallero explained that the signs would blend with the architecture of the buildings. Mr. Spoor explained the colors, the signs, and the size. There were no other appearances for. Appearing against the application was Harwood Beaty who said, "1 am not against the sign per se, but I do objectfu haying lights on all night long." Also expressing concern was Kenneth Measeck of Glenwood Avenue. There were no other appearances. The Town Planning Board and the Warren County Planning Board approved the request. The Board: RESOLVED: application #286 by Finch Pruyn Sales, Inc. for 2 oversized signs on the facade of a new store on property situated at Quaker and Lafayette Street is granted as follows: J~~ 1 - 126 sq. ft. sign and 1-84 sq. ft. sign to be located on the face of the building fronting on Quaker Road. The hours of lighting are permitted only from dawn until 10:00 p.m. The granting of this variance will be in harmony with the general purpose and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. There being no further business to come before the meeting, on motion duly made and seconded, the meeting was adjourned at 9:45 p.m. ¿~7~ Secretary '- /-3 1..s- 4 ~ ~ (?~~ ~~, I~ ?~- ð3Ó6Y ~/4'/9?3 ?kv. ~ J? ~~ xt----. J~ ,d~:I ~. ¿;;~V7u ~~ ... Y- d~ Æ?~ ;r~ C. J;". d~/ d~:- d ~ ~ ~<- £--.....¿, c1x'h.- i ~=<~) c>-<~c/ £-r-L i/~¡~J.aJ·~4~ ~/. .. r ~ A---"þ, ~~,,¿ ~ ~4'-C'" O?u Y/~Æ.- ~ ~i~~ ~a-- ~r~~~~ /j;z~,;2~ a+ 7',3<" ~.z ~ ~ ~;-/ Þ .~ ~Cl:~~ ;;6-' -e~-~ a- ~f/ ~~ ~. ~ ~~ ~~(2/)~~~.. ~ ~ «-tl.~ 4~.L- ~ /Q~ ~J~y¿~~~. U ~ ~"Z: ~~ ~. ~z=.7 .?Y ~. .L~ p'Út4_-"'> <\> cß .--U"-~;t. ~:Z"-. ~ ~~ 7ð-~ ~ f7æ~/ c2-<1 ~. a.A-e- ~d .~ a-- ,_~V~~~~~ d~~~¿ddJ ,/~7 dJ.~ ~~ ZL,' ~r a ~~. ;J~~~~;;;~ d~7~ /~. -) .. );;:.<--p( ~1~;~fba~"~ t:/~ ~~/:Já ,1~:6 /;&4.¿A .#'~. 11° , 1099 So. Ocean Blvd. Booa Raton, Fla. 33432 Maroh 16, 1973 Mr. Charles T. Hutton Seoretary, Zoning Board of Appeals Queensbury Town Offioe Bldg. Bay and Haviland Roads Glens Falls, N.Y. l280l Ref: Graves zoning varianoe applioation. Dear Sir: We are ourrently wintering in Florida and have been informed that a hearing is to be held on a zoning varianoe application by a family named Graves who are purchasing or intend to pur- chase the McGrath property on Seelye Road, Cleverdale. Our permanent residence is located on Seeye Road just south of the property of Mrs. Oharles E. Greene, and quite near the McGrath property. We have resided there for over 19 years. I understand the variænce requested is for permission to keep two horses on the property. This is to advise the Board that we are very much opposed to the Graves intention and strongly believe that the application is without merit and should be denied for many reasons. Among our objections are the following: The presenoe of horses on the property mentioned would 1. Depreciate property values in the area. 2. Create a nuisanoe. 3. Cause pOllution in the waters of Lake George (sinoe all of the drainage from this property runs right down into the lake). 4. Create hazards on the narrow roads in the area. 5. Establish a precedeDt in granting varianoes for a frivolous reason thus negating everything we have strived for in getting zoning established in Queensbury. Very truly yours, - V~ ~ead -é?éJ ~ ?/ ¿?~M r/!~ ,~\ Star Route - Ridge Road Glens Falls, New York 12801 March 20, 1973 Mr. Charles T. Hutton, Secretary Zoning Board of Appeals Queensbury Town Office Building Bay and Haviland Roads Glens Falls, New York 12801 Gentlemen: In reference to the Notice of Public Hearing dated March 14 per application of George I. Nelson for a variance to place a used car lot in a C-1 Zone on the Farm-to-Market Road. We understand that the C-1 Zone extends only 500 feet from the intersection of Routes 149 and 9L; if this is the case the used car lot would be in a residential zone. We would like a clarification on the zoning in this area. The VIP Oil Company was recently granted a variance in the area in question and additional changes in the immediate area would defeat the original concept of the Town Master Plan and in effect would tend to destroy the present esthetic, as well as monetary, value of this rapidly diminishing rural area. It would also, almost automatically, open the door to future applications which would eventually turn the area into a heavily commercialized area and make a mockery of zoning. There are many problems that a business of this type could bring to the area such as theft and noise from night repair, to name just a few. We the undersigned, as residents of the immediate area, would like to state for the Town records that we are opposed to the issuance of this and any further variances of the zoning law in this, so called, C-1 Zone. Very truly yours, /J~/~ Benjamin L. Aronson ~~~~~ Notary Pub,¡c, State C·f' N('W VIt,k SJ!,¡,tc3a COI.Jnty. NJ. t'¡;.;:IJ~ J~ My Commission fxp¡r~!1 M:nCh ~a; Jft~l't- rf.~o~ ~ - - _I ~ --,~ - i"'/--'- "'¡-~_. ' ....." 111~'·" '~ Fl 19;;>7 ~ ~ Irk thLo/Ä. 7-- ~ ~. vI~/ ~ ~~Au~~ ff . ~~oZ-/.I J3. )fj.&4A~ ~ z:f<A-- ~2f- ~~~~~ ~ Ij~,/J~ , ¿L.' ~..d~þ~ íúG / I ¿. ..f-t' w.. r -- ( t{)k-~~~ ~~ . 1- ~du-a ~~~ ~~~ ~- ~~ - '. 't:: .. ')~ ~'9' . /a-L t /~ fø~¿~I~. ~-~ I I