1974-10-23 SP
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MINUTES of a Special Meeting of the ~sbury Zoning Board of
Appeals held October 23, 1974 at 7:07 P.M.
There were present:
John Fitzgerald, Chairman
Charles Hutton, Secretary
Charles Sicard
George Kurosaka
Richard Sanderspree
being the members of the Board.
OlD BUSINESS -
Variance #378, George Boychuck, Quaker Road, C-3 zone. To
place a sign 15' fran the front property line in lieu of the re-
quired 50'.
A letter 'Was read fran the League of Woræn Voters by Mary
Graff stating they were in objection to the sign ordinance.
Th:! Warren County disapproved saying it 'Was an over-sized sign
and the Town board approved subject to qualifications of the Beauti-
fication Ccmnittee.
The applicant. 'Was not present and neither 'Was council.
No one appeared for or against.
On a I1'Dtion made by George Kurosaka, seconded by Jack Fitz-
gerald the
Board:
RESOLVED: Variance #378, George Boychuck, Quaker Road be
disapproved in conformance with the Warren County Planning
Board .
Variance #373, Thomas Sprague, Quaker Road, M-l Zone. To use
an old barn for a restaurant and cocktail lounge near the corner of
Quaker Road and Ridge Roads in Queensbury.
Mr. Howard Krantz of Rheem and Krantz appeared on behalf of
the applicant. Mr. Krantz went into a rather lengthy discussion
regarding a letter fran Attorney Little.
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Mr. Krantz stated that it was the intention of the applicant
not to have solely a bar on this property but to have a restaurant
as well with the cocktail lounge being on the first floor and the
restaurant (steak house) on the second floor.
Mr. Krantz said this land was awned by Henry Knoblauch, Jr.
who l:x:>ught the land in 1963 and acquired the back parcel in 1969
for a total of $60,000.00 for the entire piece of property. The
property was appraised for $100,000.00 in 1971 for a loan.
Incane frcm the property to present day was discussed between
Mr. Krantz and Mr. Knoblauch, the outcome being that Mr. Knoblauch
had received approximately $2,700.00 incaœ from the land excluding
the $80,000.00 received from Arco when they l:x:>ught the corner por-
tion.
Mr. Krantz said the character of the corrmunity of Quaker Road
is going to be filled with camœrcial enterprises. He cited sev-
eral different ordinances such as one being a restaurant going into
a residential zone.
Mr. Knoblauch said the building was presently being used to
store his own equipment.
Mr. Hutton asked the value of the building and Mr. Knoblauch
stated between $5,000.00 and $10,000.00 and Mr. Hutton questioned
the reasonable return of his investment.
Mr. Knoblauch hedged about the return of his investment and
Mr. Fitzgerald told him he was avoiding the question and that the
barn was rot the only thing to be considered but the entire parcel
that is owned.
Mr. Krantz presented a detailed argument that if the application
were denied, then Henry Knoblauch, the owner of the barn and proper-
ty near it, could not get reasonable return on his land.
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Mr. Fitzgerald said he was confused as to what portion they were
asking a variance on. Manbers of the board were shown by map what
portion of the land they were talking about.
Mr. Richard Connors, Ridge Road, wanted to know why he was not
notified about this public rœeting. A list was checked of those not-
ified and he was not on the list. Mr. Liapes apologized saying that
they try to notify everyone and once in a while sorœone get over-
looked. Mr. Connors said he would not have known of the rœeting
unless a neighbor haOO It told him. He was in oposition saying he
thought this area had enough restaurants and diOO t t like additional
traffic at later hours.
Mr. Gail Comers was also in objection.
Attorney Wayne Judge spe.akj.ngfor Albany Engineered Systans
stated he brought out in the last rœeting that the toard didn't have
enough in fonnation to act on this variance. He further stated that
he thought there was not written lease between Mr. Sprague and Mr.
Knoblauch and the l:oard does not know for sure what they are grant-
ing. He said felt there were a lot of defects in this application.
Mr. Judge - "I suhni t that we don't see anything in the way
of hardship and the people are entitled to know what they are go-
ing to vary."
There was a discussion between Mr. Krantz and Mr. Judge that
was out of order and Mr. Fitzgerald (speåking to Mr. Judge) "We
don't penni t people to interrupt in this rœeting."
Mr. Krantz - "Again, I ask can a reasonable use be obtained
an:1 that this barn could not be used for industrial purposes, not
as a barn, not as a rental from storage and ask that th= toard con-
sider all of these things. To deny the partitioner a reasonable
use of this property would be unfair."
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An executive session followed.
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On a m:>tion by Jack Fitzgerald seconded by Charles Sicard
The Board:
RESOLVED: Variance #373, Thœas Sprague involving a parcel on
QJaker Road, the council has stipulated that although the app-
lication reads to have a cocktail lounge, that it be æœnded
to also include a restaurant.
That this variance be approved provided that the variance
granted apply to the entire 224' frontage on Quaker Road
and that no other access be used without further approval
of thíi:s Board and further condition this that the property
meet the requirements of the Queensbury Beautification Carm-
ittee.
.Mr. John Lemery, Attorney (who was not present at the begin-
ning of the meeting as council for Variance #378, George Boychuck)
carne fo.rward and said he was second on the agenda and understcx:x1
his application was heard first. He said he was sorry for being
late and thought the meeting started at 7: 30 P.M. He said he came
to m:Xiify this application and ÿ;Ould like to request a rehearing.
.Mr. Fitzgerald said in view of the fact that t.hare is addition-
al information, he suggested that .Mr. Lemery ÿ;Ould have to take the
application back before both the County and Town Planning Boards
wi th the different proposal and that the Zoning Board ÿ;Ould have to
act on whatever the other lx>ards have to say. Mr. Lemery said he
ÿ;Ould resu1:mi t.
The meeting was adjourned at 9: 01 P.M.
~hd, /~
Secretary