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1973-11-21 d, de¡ MINUTES of the public hearing of the Zoning Board of Appeals, --- Town of Queensbury held November 21, 1973 at 7:38 p.m. There were present: John Fitzgerald, Chairman Charles Sicard . G&e]fge K~aka -4" s~ Richard Sanderspree excepting Charles Hutton who was absent for this meeting. Richard Sanderspree acted as secretary. On a motion by Charles Sicard, seconded by Richard Sanderspree, the minutes of the October meeting were approved as read. There was no old business. In the first matter of new business, Mr. Fitzgerald established proof of publication for application for variance #329, ALEX MURATORI TO PLACE A CO!~┼ôRCIAL ESTABLISHMENT (RESTAURANT) IN AN M-l ZONE ON THE PROPERTY SITUATED AT ROCKHURST ROAD, ZONED R-l. Appearing on his own behalf, Alex Muratori presented a sketch to the Board showing them their plans. He explained that it is an old barn (in excellent condition) right next to a filling station, on the highway. All surrounding buildings are commercial. The Board studied the map regarding zoning and Mr. Fitzgerald con~ented that it might be illogical to have both a manufacturing plant (for making barn siding) and a restaurant on the same property. Mr. Muratori explained the locations of the two businesses and said the manufacturing would be in the rear. Mr. Sander spree asked about chemicals and any unusual noise. When Mr. Sicard asked if Mr. Muratori would continue manufacturing after he had enough for the restaurant, Mr. Muratori replied affirma- tively saying there would be no other place in the country making - this particular kind of paneling. Appearing on behalf of Mr. Muratori was Henry C. Knoblauch, owner of the property. Robert Kelley, Ridge ~30 Road appeared asking questions regarding re-zoning and the reasons for so many variances to the ordinance. Mr. Fitzgerald explained, "We are talking about 2 different things...manufacturing is permitted by zoning in this area...the only thing is that they are asking for a restaurant in addition....they are talking about a less non-conforming use...the only question is can they use part of this building for a restaurant...the zoning in that area is M-l." He explained the requirements under M-l. Also appearing was Mr. Mauer. When Mr. Sicard asked about signs, Mr. Muratori said they would be as depicted on the drawing and would be colonial type...no free standing. The Town Planning Board disapproved commenting: We find that a restaurant is not permitted in an M-l Zone, and no hardship or practical difficulty has been shown. The Board suggests that a zoning change be made...The Warren County Planning Board approved. Mr. Muratori advised that a hardship does exist...Mr. Knoblauch has a great deal invested. Mr. Boynton stated that the property was owned before zoning (by Mr. Knoblauch). Upon motion duly made by Mr. Fitzgerald, seconded by Mr. Sicard, the Board finds: 1. To use the property presently zoned M-l for a composite M-l use and restaurant which is understood as a C-3 use on the grounds (1) use as a restaurant is less non-conforming 2. It is in conformance with the findings of the Warren County Planning Board 3. It is the reasonable use of the land and Resolves that application for variance #329 be approved unanimously. Proof of publication was established for application for variance #330 GUY DAMIANO TO PLACE AN ADDITION LESS THAN THE REQUIRED FIVE (5) FOOT SETBACK (SIDE) ON THE PROPERTY SITUATED AT ROCKHURST ROAD ~~ ZONED R-l, TOWN OF QUEENSBURY. Appearing on his own behalf was Mr. Damiano who told the Board he would like 10' x 30' additional living area to make his summer home into a year around home. Mr. Fitzgerald asked about a geographical drop and Mr. Damiano said there was none¡that the cottage is about 20' back from the road. Mr. Harry Shephard (neighbor on the north) said he has no objection to the request. When Mr. Sicard asked if this was in writing, Mr. Damiano said it was verbal approval. The Town Planning Board disapproved the application commenting: recommend disapproval as no practical difficulty has been shown. When Mr. Sicard asked about building on the other side, Mr. Damiano said it would be a good deal more expensive. After returning from executive session, on motion duly made by Mr. Fitzgerald, seconded by Mr. Sander spree and carried unanimously, the Board finds: 1. That no practical difficulty has been established for setback less than 5' side setback 2. Decision is in conformity with the Queensbury Town Planning Board and further resolved that application for variance #330 be disapproved. Mr. Fitzgerald then established proof of publication for application for variance #331 RONALD GRIMES TO ENLARGE A NON-CONFORMING USE ON THE PROPERTY SITUATED AT FRENCH MOUNTAIN DRIVE, OFF FARM-TO-MARKET ROAD, ZONED R-2, TOWN OF QUEENSBURY. Appearing on his own behalf was Ronald Grimes who told the Board he would like a place to keep his vehicles so that they will start easier on cold mornings. When Mr. Fitzgerald asked if he were going to run a business/there, Mr. Grimes said he wanted a place for storage of his equipment inside. Appearing for Mr. Grimes were Thomas Vaughn, Luther Grimes, Bill d8~ Woolsey, Ray Kilmartin, Earl Rempher and Maurie and Gloria Pearce. There were no other appearances for or against. Town Planning Board approved with no comment. On motion duly made by Richard Sanderspree, seconded by Mr. Fitzgerald and carried unanimously, the Board finds: 1. This is up-grading of the present physical plant 2. It will be housing equipment which would otherwise be seen from the road 3. It is in conformance with the Town Planning Board and further resolved that application for variance #331 be approved. Chairman Fitzgerald read proof of publication for application for variance #332, BROMLEY IMPORTS, INC. TO PLACE AN ADDITION (ONE STORY) LESS THAN THE REQUIRED FIFTY (50') FOOT SETBACK ON THE PROPERTY SITUATED AT MILLER HILL, ROUTE 9, ZONED C-3 TOWN OF QUEENSBURY. Representing Xurrey Bromley was John J. McAndrews who explained the plans to the Board. He said there would be no non-conforming signs. It would be a one story building. There were no other appearances. Town of Queensbury Planning Board and Warren County Planning Board both approved with no comment. Upon motion duly made by Mr. Sicard, seconded by Mr. Fitzgerald and carried unanimously, the Board finds: 1. It is in conformance with both planning boards. 2. It is in conformance with the other buildings on the same property as far as setback is concerned 3. It is the reasonable use of the land. and further resolved that application for variance #332 be approved. Mr. Fitzgerald advised that application for variance #333 Barry Converse was withdrawn. In the final matter of new business, Mr. Fitzgerald established proof of publication for application for variance #334, RICHARD J. PINGEL ~33 TO PLACE A FREE STANDING SIGN IN A C-l ZONE ON THE PROPERTY SITUATED AT BAY ROAD AND ROUTE 149, TOWN OF QUEENSBURY. Appearing on his own behalf was Richard J. Pingel who told the Board they have a sign on the building but it is hidden from the road. The variance is for a free-standing sign and there is no problem regarding setback. Mr. Sicard asked if "size-wise" it is conforming and if there would be any flashing lights or would it be revolving. Mr. Pingel said it would have external lighting but none of the other. There were no other appearances. He closes about 11 p.m. on weekdays and is open until 3:00 p.m. on weekends. Both Queensbury and Warren County Planning Boards approved with no comments. Upon motion duly made by Mr. Fitzgerald, seconded by Mr. Sicard and carried unanimously, the Board finds: 1. It is reasonable advertising of the use of the property. 2. In view of the fact that the sign is conforming sign 3. Appears to be no objection from any of the neighbors 4. Provided sign is illuminated only during the hours of actual operation, thus in keeping with the present energy crisis resolved that application for variance #334 be approved. There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned. ;/ ,./ !) /:/ /l /Û~y{.,~?4~ ,~ Acting secretar3/