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1974-01-16 ~ -¥~ MINUTES of the public hearing of the Zoning Board of Appeals held on January 16, 1974, Town of Queensbury, at 7:55 p.m. There were present: George Kurosaka, Acting Chairman Charles Hutton, Secretary Charles Sicard Richard Sander spree being the members of the Board, except John Fitzgerald, Chairman who was absent for this meeting. On motion duly made by Richard Sanderspree, seconded by Charles Hutton, the minutes of the December meeting were approved as read. OLD BUSINESS: Sperry Trucks, Inc. - Mr. Kurosaka noted that if a member (in this case, Mr. Sicard who was absent for the December meeting) has been familiarized with the minutes pertaining to old business, he could participate in a decision regarding this old business. Mr. Kurosaka then re-established proof of publication . for application for variance #335 SPERRY TRUCKS, INC. FOR ENLARGE- MENT OF STORAGE AND FABRICATION SPACE ON BAY ROAD, TOWN OF QUEENSBURY. Appearing on behalf of the application was Robert Barber who told the Board he would answer any questions. When queried about Messrs. Tubbs and Guyette who had appeared in opposition at the December meeting, Mr. Barber said he had talked with Mr. Tubbs and the problem has been resolved. A survey had been made the previous week by Rist-Frost and it has helped Mr. Tubbs' position. Mr. Barber has not talked with Mr. Guyette. Appearing for further information was Edward Herlihy, Fort Amherst Road and Mr. Barber explained the plot plan to Mr. Herlihy. Mr. Sanderspree mentioned continuity of operation and Mr. Barber said it would be similar. The previous tenant was doing light assembly; Sperry's will be heavier. The time lapse was a matter of two weeks. Mr. Sicard dJ!:J asked about increased parking and an increase of traffic. Mr. Kurosaka noted that it would be less non-conforming than the dairy operation of previous years. Also appearing on behalf of the request was Dr. Eisenhart who reminded the assemblage of the care and better appearance of the property. After executive session, upon motion duly made by Richard Sanderspree, seconded by Mr. Sicard and carried unanimously, the Board finds: Application for variance #335, Sperry Trucks, Inc. for enlargement of storage and fabrication space is granted. The Board is of the opinion that such variance is less non- conforming than the original use. This approval is condi- tional upon the enlargement of building #1 being limited to parts storage and building #2 restricted to fabrication of metal products. NEW BUSINESS: Acting chairman George Kurosaka established proof of publication of application for variance #338 PRICE CHOPPER TO PLACE THE PRICE CHOPPER DISCOUNT FOODS SIGN ON AN EXISTING PYLON SIGN. THIS SIGN WOULD BE CLOSER TO THE HIGHWAY THAN THE ORDINANCE ALLOWS AND LARGER IN SQUARE FOOTAGE THAN THE ORDINANCE ALLOWS. PROPERTY IS SITUATED AT CLARK's DISCOUNT STORE, UPPER GLEN STREET, TOWN OF QUEENSBURY. Appearing as agent for Price Chopper was Robert Platt who told the Board a hardship existed in that the Price Chopper building is very far back from the highway. He presented a sketch of the proposed change of sign and noted that if it were placed 50 ft. back from the R.O.W., people could not see if coming from the south. Mr. Kurosaka asked if they would "swap" space with the present arrow and Mr. Platt mentioned the new image of Price Chopper and said Clark's does not want to exchange part of the present sign. Appearing in opposition was H. Wayne Judge who said the present sign could not be more non-conforming or uglier than at present.... :{ 'f6 that the Zoning Ordinance was intended precisely to prevent these kinds of signs....that the company had not proven itself to be a good citizen of the community and that they have done nothing to improve the area....they have ended with a situation which was self created. Mary Lou Quinn, a Queensbury resident, concurred with Mr. Judge. The Town Planning Board disapproved commenting: we see no justification for adding an oversized sign to an already non-conforming sign structure. We would suggest as a a possibility that the existing non-con forming signs could be changed. Warren County Planning Board also recommended disapproval. On motion duly made by Charles Hutton, seconded by Charles Sicard and carried unanimously, The Board finds: Application for variance #338, Price Chopper, be disapproved, in concurrence with the other Planning Boards. No hardship has been shown. Proof of publication was established for application for variance #339, QUEENS BURY DECORATING CENTER TO PLACE AN ADDITIONAL SIGN ON AN EXISTING FREE-STANDING SIGN ON THE PROPERTY SITUATED AT 686 UPPER GLEN STREET, TOWN OF QUEENSBURY. Appearing on behalf of the application was William T. Comiskey who told the board there are numerous signs which exceed the normal size of a sign on the street where the store is located including two signs within 50 feet of the store. These signs almost com- pletely obscure the vision of the present sign. The proposed sign would total 48 sq. feet and be illuminated. When questioned by Mr. Sicard about the hours of lighting, Mr. Comiskey said it was his in,tention to continue lighting the sign at night. Mary Lou Quinn spoke in favor of the change, saying, "I really think they could use additional information on a sign." c2Lf7 There were no other appearances for or against. The Town Planning Board approved the request commenting: approval of a sign that would conform to the ordinance as far as the size, 50 square feet total sign area. Warren County Planning Board recommended approval. After discussion in an executive session, the Board voted after motion duly made and seconded, and finds: After due consideration by this Board, it is their opinion that there is no hardship indicated and Further finds that application No. 339 Queensbury Decorating Inc. to place an additional sign on a free standing sign less than the required setback is not granted. Messrs. Sicard and Sander spree voted against the disapproval Messrs. Kurosaka and Hutton voted for the disapproval. Mr. Kurosaka then established proof of publication for application for variance #340, DONALD HESS TO CHANGE A NON-CONFORMING USE OF AN EXISTING STOREHOUSE AND DISTRIBUTION CENTER FOR ICE CREAM AND RETAIL STORE TO A STOREHOUSE AND DISTRIBUTION CENTER FOR ICE CUBES AND MANUFACTURE ICE CUBES ON THE PROPERTY SITUATED AT THE CORNER OF DIX AND QUEENSBURY AVENUES. Appearing on behalf of the applicant was H. Wayne Judge who explained the background of the present operation and told the Board òf the present request of Mr. Hess. He said it is a seasonal operation; a pre-existing non-conforming use; there are several grounds in the ordinance that could be considered other than hardship applicable to this request. He noted that if the request were denied, the Town doesn't have good prospects for anything better in its place; presently the ice is manufactured in the basement of Dobert's Dairy. There would be no retail sãles. It is family operated except during the summer months. There were no other questions or appearances. c2. 'f- t The Queensbury Planning Board approved the request commenting: Recommend approval as this would be a less objectionable use and would be a reasonable use for the property. Warren County Planning Board concurred with the Town Board. On a motion by Charles Sicard, seconded by Richard Sanderspree and carried unanimously, the Board finds: 1. The Use is less non-conforming than the existing use. 2. It is the reasonable use of the building and land. 3. It is in concurrence with both planning Boards and further Resolves: Application for variance #340 be approved. In the final matter of new business, Acting Chairman Kurosaka established proof of publication for application for variance #341 PETER DASTALTO AND DANIEL CORENTTO TO CHANGE A NON-CONFORMING USE FROM TRUCK SALES AND SERVICE TO A FRANCHISE DISTRIBUTOR OF FOOD AND STORAGE OF PRODUCTS AND TRUCKS ON THE PROPERTY SITUATED AT THE CORNER OF BOULEVARD AND BELLE AVENUE, TOWN OF QUEENSBURY. Peter Dastalto appeared and explained the proposed operation to the Board. Mr. Sicard asked about the delivery operation and Mr. Dastalto said loading and re-loading took place early in the morning and again between 12N and 1:00 p.m. He said they had 5 trucks stored inside only and 5 or 6 employees cars parked during the day. Appearing for information and subsequent approval of the request were Roy Barlow, Harry Wrye, Mr. and Mrs. Charles Allen, and Mr. and Mrs. Carleton Krause. When questioned about signs, Mr. Dastalto said they planned to paint over the existing sign - advertising Wise Potato Chips. TheTown Planning Board approved commenting: recommend approval as this is a less non-conforming use than the present use. Warren J.'f~ County Planning Board recommended approval concurring with the Town Board. Upon motion duly made by Charles Sicard, seconded by Charles Hutton and carried unanimously, the Board finds: 1. It is less non-conforming than the previous occupant 2. It is in concurrence with both Planning Boards and Resolves: Application for variance #341 Dastalto and Corentto be granted. There being no further business to come before the Board, upon motion duly made and seconded, the meeting was adjourned at 9:55 p.m. c-?/.-c:~ ;--~ ~ Secretary