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1973-05-16 181 MINUTES of the public hearing of the Zoning Board of \ Appeals held May 16, 1973, 7:33 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. On a motion by Mr. Sicard, seconded by Mr. Kurosaka, the minutes of the April meeting were approved as read. In the matters of old business, application #293, ANTHONY MARCINKEVICIUS, there were no appearances and the Board held over any decision until applicant appears. #295 - DAGGETT/PATRICK for a fast food restaurant in a non-commercial zone on the property situated at 112 Main Street and Ryan Avenue. The Planning Board had approved the request at their April meeting with the comment: "With 30 foot required setbacks, front and rear of property lines." Appearing on behalf of the application was Mr. Patrick who answered the following questions from the Board: Mr. Fitzgerald: What are you proposing to put in there? I thirlk.tFesæiare some of the questions that concern this Board. We had no idea what you were going to do. Are there parking facilities provided? Plenty of room? Mr. Kurosaka: Drive-in type operation? Mr. Patrick: Yes rED.. Mr. Sicard: Hours of operation? Patrick: 12N to 10 p.m. Mr. Sicard: Was there a permit for a sign? Mr. Fitzgerald: No. Further discussion ensued regarding a sign. There were no other appearances for the application. Appearing against was Floyd Gibson and Elmer Cousins The Board: RESOLVED; application #295, Daggett-Patrick for a fast food restaurant in an R4 zone on the property situated at 112 Main St, West Glens Falls is not ~ranted. The Board is of the opinion that sufficient detail has not been submitted to allow the Board to make a decision. In the final matter of old business, the Board again considered application for variance #297, WILLIAM H. TAFT to place a motel in a C-l zone on the property situated on Routes 9L and 149, Town of Queensbury. Appearing on his own behalf was William Taft who explained his plans to the Board. Appearing for information was Edwin King who was neither opposed nor in favor. He commented that he did not think anymore motels were needed in the Lake George area. Also appearing was Elliot Laughton who con~rred with Mr. King. The Planning Board approved with no comment. The Board: RESOLVED: application No. 297, William H. Taft for a motel in a Cl zone on property situated on Rts 9L and 149 is held over so applicant can present detailed 183 plans of proposed construction. In the first matter of new business, Mr. Fitzgerald established proof of publication for application for Special Use #40 - STEPHEN G. LAPHAM - FOR RECREATION FACILITY FOR PROFIT ON THE PROPERTY SITUATED AT CORNER OF BAY AND GLENWOOD AVENUE, TOWN OF QUEENSBURY. The special use involved is indoor tennis. Appearing on his own behalf was Mr. Lapham who explained his plans to the Board. Since the Board must review all findings in a request for special use, the testimony for this application is on record at the Town Building. Appearing for information was George Stewart and Norman Ferguson. There were no other appearances. The Planning Board approved with no comment. The Board: RESOLVED: application No. 40, by Stephen G. Lapham for recreation facility on corner of Bay Road and Glenwood Avenue is held over for submission of building construction plans and landscape plans. Chairman Fitzgerald then established proof of publication for Special Use #41 and/or Variance #299, SCOTT MC LAUGHLIN TO PLACE A CAMP SITE IN AN R-2 AND R-4 ZONE ON THE PROPERTY SITUATED AT UPPER BAY ROAD. This application has also been tape recorded and is on record at the Town Building. Mr. McLaughlinq would like to develop approximately 200 campsites in 2 stages, density to be about 7 sites per acre where '.. terrain allows, steep or otherwise, unsuitable terrain to 1St be reserved for recreation use. Attorney Robert Stewart appeared for Mr. McLaughlin and with Mr. McLaughlin. Objecting to the application were: Edwin King, Neil Neidelman (appearing on behalf Marilyn Van Dyke, Helen Bantham), and Malæolm Mitchell. They submitted a petition with 116 names (formally presented by Marilyn Van Dyke). Mr. Fitzgerald read a telegram he had received and also advised that he had received a phone call f~ømthhe Attorney General's office in New York City. The concern is with the enrivonmental effect on Lake George and its tributories. This particular area is part of a portion which was under consideration for acquisition by the State of New York for wetlands development. Also appearing were Gordon Hemmett, attorney for L. W. Morton and repre- senting the Lake George Association; Paul VanDyke, Allison Ellsworth, Robert Stewart. A show of hands revealed that 35 people in the room were against thà application and 2 were in favor. The Planning Board approved with no comment. The Board: RESOLVED: application no. 41 for Special Use by Scott McLaughlin for a campsite in an R-2 and R-4 zone on property situated at Upper Bay Road is not granted without prejudice to resubmission with details of proposed development. Mr. Fitzgerald advised that application for variance #300 by George Stark to sell used cars at 37 Glenwood Avenue '85 had been withdrawn. Mr. Fitzgerald established proof of publication for application for variance #301 ADIRONDACK COMMUNITY COLLEGE TO PLACE AN OVER-SIZED SIGN ON THE PROPERTY SITUATED AT BAY ROAD, TOWN OF QUEENSBURY. Mr. Charles R. Eisenhart, president of ACC appeared and told the board the sign had been designed by students. He explained the location and Mr. Roselloh Abbott, director of facilities at the college, submitted pictures for the Board to study. There were no other questions or appearances. The Planning Board approved with no comment. TheBoard: RESOLVED: application for variance #301 by Adirondack Community College for an oversized sign on the property situated at Bay Road is granted. The Board is of the opinion that such variance is not injurious to the neighborhood. Proof of publication was then established for applica- tion for variance #302, CHARLES BAKER TO PLACE A PRIVATE SWIMMING POOL IN SIDE YARDL!INSTEAD OF REAR YIDm ON THE PROPERTY SITUATED AT WEST MOUNTAIN ROAD, TOWN OF QUEENSBURY. Mr. Baker appeared on his own behalf. The Board studied the plans and Mr. Boynton advised that the septic system was on the other side and that it would be impossible to install it anywhere else except as requested. The Planning Board and Warren County Planning Board approved with no comment. The Board: RESOLVED: application No. 302 by Charles Baker for a private swimming pool in side yard instead of rear IBfp yard on property situated at West Mountain Road is granted. The board is of the opinion that such variance is necessary for the reasonable use of the land. Chairman Fitzgerald read proof of publication for application for variance #303, RAY WYNN TO PLACE TWO APARTMENTS IN A C-3 ZONE ON THE PROPERTY SITUATED AT 362 RIDGE ROAD, TOWN OF QUEENSBURY. Appearing on his own behalf was Ray Wynn who explained the plot plan to the Board. Mr. Sicard: Have you approval from the Department of Health'? Mr. Wynn; ......1 will comply. Mr. Robert Kelley appeared for information. There were no other appearances or questions. The Warren County and Town Planning Boards approved. The Board: RESOLVED: application No. 303 by Ray Wynn for two apartments in a C-3 zone on property situated at 362 Ridge Road is granted, subject to the building code and approval of sanitary disposal system by State Department of Health. When Mr. Fitzgerald read proof of publication for application for variance #304, AGNES ROZELLE (LASSER REALTY) TO CHANGE A NON-CONFORMING USE FROM BRANCH POST OFFICE, COUNTRY STORE TO A COCKTAIL LOUNGE AND RESTAURANT (STEAKHOUSE) ON THE PROPERTY SITUATED AT 64 MAIN STREET, TOWN OF QUEENSBURY, Mr. Kurosaka disqualified himself since he had a conflict of interest in this request. M7 Appearing on her mother's behalf was Susan R. Repond who submitted a picture for the Board to study. She explained that there is an existing concrete block building on the site and elaborated on the plot plan for the Board. The vacant land will be developed for parking and the restaurant will be set back from the road. Appearing against the application was Elmer Cousins representing the congregation of the West Glens Falls Community Chapel. He told the Board they are extææmmæJyclose to the property. He submitted a letter signed by the collective session opposing the granting of the variance. Willard Whittemore submitted a petition signed by the Senior Citizens. Edward Flynn, 72 Main St. complained about a parking problem and vandalism. Appearing in favor was Dave Harrington who commented that a steak house and cocktail lounge would not be comparable to Smokies (former grill). The Town Planning Board approved with no comment and the Warren County Board approved provided the trees remained. The Board: RESOLVED: application #304 by Agnes Rozelle (Lasser- Réalty) for cocktail lounge and steak house restaurant on property situated at 64 Main St., West Glens Falls be held over to next meeting. Two Board members disqualified themselves, therefore creating lack of quorum. 1M Mr. Fitzgerald read proof of publication for application for variance #305, LAURENCE C LUSSIER1 ADIRONDACK AUTO TOP AND UPHOLSTERY, TO SELL USED CARS IN AN R-4 ZONE ON THE PROPERTY SITUATED AT 20 MAIN STREET, TOWN OF QUEENSBURY. When Mr. Lussier appeared, Mr. Fitzgerald asked how many cars would be on the lot at anyone time. Mr. Lussier: A couple - sometimes 4 or 5 - usually customer's cars. Mr. Fitzgerald: There is a setback of about 45 ft and about 30 ft on Caroline Street. Where do you propose to put these cars? Mr. Lussier explained where and there were no ttaer questions from the Board. Appearing against the application was Mrs. Bain who said the lot is much tœ small to sell used cars. Eileen Ellsworth said she had to put up a fence and commented that she would not like a used car lot next to her property. Mr. Lussier replied that there would be no more noise or traffic than at present and said there were no plans for signs. The Town Planning Board returned the request with no comment. The Warren County Planning Board disapproved. The Board: RESOLVED: application No. 305 Laurence Lussier for selling used cars in an R-4 Zone on the property situated at 20 Main St., West Glens Falls, is granted. The Board is of the opinion that such variance is the minimum request for the reasonable use of the land, provided that no more than 2 used cars (for sale) are located on the premises at one time, that no junk cars are 1;9 \ -- allowed, and that no more than 6 cars including owners' cars be parked on the premises outside the building at anyone time. In the final matter of new business, Mr. Fitzgerald read proof of publication for application for variance #306, SAINT SACR AMENT LANDING, INC. (C. B. WITHAM), TO PLACE A SIGN IN AN R-3 ZONE ON THE PROPERTY SITUATED AT LAKE SHORE DRIVE, ROUTE 9L, TOWN OF QUEENSBURY. Appearing on his own behalf was C. B. Witham who explained the sign to the Board. Gordon Hemmett questioned the grounds for a variance. There were no other appearances. The Planning Board approved with no comment. The Board: RESOLVED: Application for variance #306 by Saint Sacrament Landing, Inc~ for a sign less than the required setback is granted provided that it be in conformity with the Lake George Park Commission rule s. There being no other business to come before the meeting, on motion duly made by C. O. Sicard, seconded by George Kurosaka, the meeting was adjourned at 11:21 p.m. ~~/~ Secretary