1974-08-21
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The Official Meeting of the QUEENSBURY ZONING BOARD OF APPEALS held August 21, 1974
at 7:37 P.M.
There were present: Jack Fitzgerald
Charles Sicard
Dick Sanderspree
Charles Hutton
being rœmbers of the board.
Mr. Fitzgerald brought to the attention of the board that there was a correction
in the minutes of the last :ræeting. On page five, of the minutes, it should read
that the Warren County Planning Board approved and not disapproved. The minutes were
corrected as read and passed.
OID BUSINESS
Var. #364 - Norman Radin to place fuel tanks on a non-confo:rming lot in an M-2 '
Zone.
This was an application continued fran the July rœeting. Attorney Robert Stewart
appeared on behalf of the applicant. Attorney Wayne Judge who previously appeared on
behalf of the applicant was on vacation.
Mr. Stewart - liThe issue before this Board is whether this lot could be used for
this or any other purpose. If a zoning ordinance corrpletely rules out every use for
this lot, it is a case for the law. I am just asking for clarification from the board
of the ordinance."
Mrs. Laœry (a neighbor who appeared and spoke at the last public :ræeting) asked
Mr. Stewart where the exits would be to get to these fuel tanks.
Mr. Stewart - "Brayton Avenue. II
The only other person who appeared in opposition to this application, who hadn't
been heard at the last :ræeting was George Close, who lives on Lower Warren Street
opposite Brayton Avenue.
Mr. Fitzgerald made a rrction that application for Var. #364 - Norman Radin be
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disapproved on the grounds that the location of the several fuel tanks on this snaIl
lot might be extreœly hazardous to the public and in addition the testirrcny of
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the witnesses opposing this application at this hearing and prior hearing to the effect
of the traffic created by the trucks do not, in my opinion lend itself to justify the
Board to exercise its powers to vary the requirerœnts of the setback and use this lot
for this purpose requested.
This :rrotion was seconded by Charles Hutton - Unamious disapproval.
Krebs Inperial Furniture Store - Variance #365 - To add additional floor space
to existing building and to put up a free standing 6 x 5 sign.
Mr. Donald Krebs, owner was present. It said he would like to add additional
floor space for retail furniture.
Mr. Sicard - "Could you tell us about the sign you would like to put up."
Mr. Krebs - "At present, there is a sign on the face of the building. With the
addition, this sign will have to be rerroved.
Mr. Sicard - "What is the size of the sign?"
Mr. Krebs - "6' x 5'.
Both the Warren and Town boards approved.
Mr. Fitzgerald questioned the fact that he thought the sign v;ould be sticking out
too far, but Mr. Krebs assured him it v;ould be in line with everything else.
No appearances for or against.
Mr. Sicard made a :rrotion that this application be approved provided this sign does
not exceed 5 x 6 and that the inside pole is not out :rrore than 10' frcm the building
and that the existing sign on the Boulevard side of the building be rerroved and not
be lighted during non-v;orking hours.
This :rrotion was seconded by Dick Sanderspree - lmaiIrous.
NEW BUSINESS
Variance #366, Dr. Robert C. Westcott - to place a dentist office with t\vo apart-
ments in a C-3 and R-4 Zone on the property situated on Bay Road.
Mr. Fitzgerald disqualified himself and Charles Sicard acted as chairman.
Mr. Gerald McPhillips, Attorney, represented Dr. Westcott. Mr. .McPhillips, stated
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briefly that Dr. Westcott would like to operate a dentist office in a comœrcial area.
'- He also stated that both the Warren and Town boards approved this application.
Mr. Sander spree - "How far back fran Bay Road would this be?"
Dr. Westcott - "160' and I would do the appropriate landscaping."
On a nction by Dick Sanderspree, secorrled by Charles Hutton, application for
Variance #366 be approved subject to approval of the beautification ccmnittee and
any health related permits that are necessary. Unanim:>us.
Variance #367 - Foothills Realty - to place a free standing sign less than the
required setbacks on the property situated at 686 Glen Street.
David McCarthy of Foothills Realty was present and stated that the sign would be
8' out fran the building and that both boards have approved.
There were no appearances for or against.
Dick Sander spree made a nction that Variance #367 be approved as it is in agree-
IæIlt with both Planning Boards decisions and that the sign be lighted no later than
10: 00 P.M. and that the sign be located no further than 8' fran the present building.
Mr. Fitzgerald seconded the notion. Unanim:>us.
Variance #368 - Dr. Guy D. Lehine, to place a physician's office in an R-5 zone
in a dwelling not inhabited by Dr. Lehine on the property situated at Canterbury Woods,
Bay Road.
Attorney Robert Stewart was present on behalf of the applicant. Mr. Stewart
said there was no opposition from the other tenants in Canterbury Woods. Dr. LeHine
had contacted 19 tenants out of the twenty and noone had any objection with one tenant
being on vacation which he couldn' t contact.
Mr. Stewart stated that the Doctor would like to hand a sign no longer than two
square feet to identify which apartrœnt his office would be in and put this sign on a
larrp post.
Mr. Sanderspree - "What kind of practice does this doctor have?"
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Mr. stewart - "Pediatrician."
There were no appearances for or against.
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Mr. Fitzgerald - "The sign was not part of the application and would have to be
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brought before this board at another meeting."
Charles Hutton made a notion that Variance #358 by Dr. Lehine for a physicians
office be approved in confonnance with both planning boards conditioned that this
office be only used as a physicians office as long as the doctor is an inhabitant
of the apartIœnt dwelling.
This notion was seconded by Jack Fitzgerald. Unan:i.rrous.
Mr. Fitzgerald - "If a sign is requested, this will have to be a separate appli-
cation. "
variance #369 - Harry Troelstra - to place a Greenhouse and Nursery in an M-l
zone on the property situated on Quaker Road between Sanford Street and Dix Avenue.
Peter Firth, Attorney for Mr. Troelstra was present as well as Mr. Troelstra.
Mr. Firth stated that Mr. Troelstra presently operates OUderkerks Nursery on
Dix Avenue and his present facility is lacking parking area. In 1969 Mr. Troelstra
purchased this property fran Mr. OUderkerk for the proposed site on Quaker Road.
Mr. Firth also stated that the Queensbury Planning Board approved but the Warren
County Planning Board would not approve because of a ditch controversy.
After buying the property Mr. Troelstra changed the ditch fran the way it was
originally and Mr. Waters Braman sued Mr. Troelstra and the ditch is to be changed
back the way it was. This is close to settlerœnt in court.
Mr. Troelstra explained that he was never told at any time before, or after
buying the property that there was an easerœnt on the ditch. He also added that he
is willing to return the ditch to its original state and that he has no intention of
building his building on top of this ditch.
Mr. Fitzgerald told Mr. Troelstra that anytime there is a stream across any
property, you can not change this in any way. You have to give consideration to the
,- other property owners.
Mr. Fitzgerald - "This would not bother us except this has been made a condition
of the Warren County Planning Board in their determination and for us to approve, we
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need a clear majority plus one.
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Attorney Desrrcnd Sullivan appearing in behalf of Waters Braman, who owns property
to the North and South of the Troelstra property, told the board that after purchasing
the property, Mr. Troelstra diverted the ditch so that it ran along Quaker Road and
the water conditions since the ditch has been filled in, has created SOIœ problems
wi th the other property owners.
Mr. Benjamin OUderkerk, who has lived in the neighborhood since 1910 stated he
didn't see where this brook is interferring with any other property owners.
Gardner Bridge, a property owner also in the area, said that since this ditch has
been filled in, his property is not draining as it was before.
Mr. Firth (to Mr. Bridge) - "Do you object to a garden and nursery center?"
Mr. Bridge - "No"
Douglas crockwell, whose IIDther owns property near there said that in the last
several years, there has been slow drainage.
Mr. Firth (To Mr. Crockwell) - "Do you object to a garden and nursery center?"
Mr. Crockwell - "No."
Mr. OUderkerk said that since Quaker Road went through, there has been drainage
problems, and it had nothing to do with Mr. Troelstra and his changing the ditch.
Mr. Firth stated that the easements were never put in the title search. As it was
not considered a stream,: he could revert it without changing the flow, and he also
stated that the ditch problem should not be of any concern at this meeting.
Mr. Troelstra stated he knew that the culvert on Dix Avenue was cœpletely closed
up and has been for &me tiIre and that's where the trouble is on Dix Avenue and not on
his property.
Mr. Fitzgerald - "On the application for Variance #369 - Harry Troelstra, to place
a greenhouse and nursery in an M-l zone, I w:)Uld rrove to approve the application in con-
'.... fonning with the Queensbury Planning Board and keeping in mind that we are taking no
position whatsoever as to the existing drainage easement controversy. It has already
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been stipulated that the building would not be erected on the fonner location of the
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drainage ditch. This approval is conditioned upon obtaining any necessary approval
of the New York State EnvirOl1l'œI1tal Conservation DepartIœnt.
This IIDtion was seconded by Charles Sicard. Unanim::>us.
The disapproval by the Warren County Planning board is, therefore, overruled.
The xœeting was adjourned at 9:25 P.M.
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Secretary