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1975-09-17 3:< MINUl'ES of the public hearing of the zoning Board of Appeals held September 17, 1975 at 7:30 P.M. There were present: Jack Fitzgerald {Chairman} Charles Sicard Sjoerdje Richardson Richard Sanderspree George Kurosaka being the zœmbers of the Board. The neeting was called to order by Charles Sicard saying Mr. Fitzgerald would be 10 minutes late. Mr. Fitzgerald arrived at 7:40 P.M. On a notion by Dick Sander- spree, seconded by Sjoerdje Richardson, the minutes of the Aug- ust rœeting were approved as read. OLD BUSINESS: Variance #404 - Long John Silver, Route 9, Miller Hill to erect a sign on the roof of the property situated at Route 9, Miller Hill. George Kurosaka disqualified himself on this application. Attorney John LeIæry appeared on behalf of Long John Silver and stated the first time the Town board disapproved this appli- cation, they resuhni tted it and it was then approved. The Warren County Board disapproved both tines. He further stated the sign would require a variance as it would be placed on the top of the building and it 'WOuld not project above the roof line. Betty Monahan frcm the League of Wanen Voters read a letter saying there were in objection to the sign. A letter was received from George Goetz of Ray Supply with no objection. A letter was Bradley Patch, Greenway Drive was read in opposition to the sign. 33 -2- Another letter from the Town of Queensbury Beautification Comn- '-- ittee was read stating they were pleased with the way Long John Sil- ver had conplied to their requests regarding the screening of trees, etc. A notion was made by Charles Sicard, seconded by Richard San- derspree that Variance #404 - Long John Silver be approved. There were: 2 - Yes 2 - No Disapproved Variance #410 - Edward J. Barrett (Hertz Rentals), Corner Dix Avenue and County Line Road, R-4 Zone to enlarge a non-conform- ing use on the property situated at the corner of Dix Avenue and County Line Road. Mr. Fitzgerald said he wanted clarification from the Town Attorney as to when the property was acquired and if the lot is all one parcel. Kathleen Waters, Queensbury Avenue, wanted to knOW' if this 'WOuld just be for parking purposes and no buildings. Mr. Jim Barrett was present from Hertz Rentals and said there 'WOuld not be any buildings on this lot. Mr. Waters was not in objection. Both planning boards approved this application. Mr. Fitzgerald tabled this application waiting word from the Town Attorney. Mr. Barrett was upset because noone told him that he had applied for this application wrmgly. He will make nEM application. Variance #412 - Ho:.vard B. and Olive F. Twiss, 6 Queensbury AVenue, Glens Falls, to place an addition 211 front setback in lieu of the required 30 1 setback on the property situated at 6 Queensbury Avenue. 3'1 -3- Mr. HOW'ard 'lWiss was present. There were no appearances for or against. '-, Jack Fitzgerald made a notion that Variance #412, Howard B. and Oliver F. Twiss be approved as it is a reasonable use of the land. This was seconded by Charles Sicard. UnaniIrous . Variance #413 - Benevolent & Protective Order of Elks, . Glens Falls Lodge No. 81, Cronin Road, C- 3 Zone, to place a build- ing to house its fraternal organization activities in a C-3 Zone on the property situated at the south side of Cronin Road. Mr. Peter Firth, Attorney represented the Elks Club. Mr. Firth stated this is a five acre parcel on Cronin Road, east of Shanahan's near the Harvest Restaurant. The land is presently zoned C-3. The Town of Queensbury Planning board recomœnded approval of this variance as it sees no objection to this use from a plann- ing standpoint. Board reC'OI1læI1ds that before a building pennit is granted that the actual plans be reviewed by the Planning and Zon- ing Boards and that the landscaping plans be reviewed by the Queens- bury Carmittee for Conmunity Beautification. Attorney First explained that definite architectural plans for the 60 x 100 foot clubhouse on the five-acre lot were not yet available, but the building 'WOuld be brickfaced. John Regis of the Lodge said that the Elks, their wives, guests and rœmbers of Emblem Chili would be allowed on the club premises. On Wednesdays, however, he said the public 'WOuld be in- vi ted for bingo. He presented a petition signed by owners of pro- perty within 500 feet showing no objection. The signers of the petition were: Harry Moon of Bay Road, Merwin Pasco of 299 Bay Rd., OWen Kane of 297 Bay Road, Bay Meadows, Inc. on Cronin Road and 3S ~ -4- Edward & Thanas 0 I Connor, Meadowbrook Road. There was no opposi t- ion. """'"'" Mr. Fitzgerald made a notion that application for variance #413 - Benevolent & Protective Order of Elks be approved subject to the conditions of the Town Planning Board, na:rœly that this is a concept approval, and would like to see the actual plans. This notion was seconded by Charles Sicard. Unaninous. Variance #414 - Pyramid Conpany of Glens Falls, Aviation Road, C-3 Zone, to place oversized signs less than the required setbacks and oversized facia signs on the property situated at Aviation Road. Attorney Robert Stewart appeared on behalf of the Pyramid Cœpany. Mr. Stewart stated that the Pyramid Corrpany has been before the zoning OOard several tiræs for different things but never on the question of signs. Mr. Bruce Keenan of the Pyramid Corrpany was also present. They explained that they had tried to m:xlify four signs down to two. The Cinema needed a sign to show what was playing and another general sign for the other stores. The signs would be larger than free standing signs but Imlch smaller than 4, 10 or 50 if each store was to have one in- di vidually . These two signs 'WOuld be the only free standing signs in the shopping center. Mr. Keenan said they were asking for the 25 I setback instead of the 50' setback beeause of the condition of the roadway. They proposed a sign package to the board saying that each tenant could have a sign on the outside of their buildings but in this package, they proposed that only the major depart:Iœnt stores would have larger signs on the exterior. J. C. Penny would be supplying their own sign. Would be about 62% of the 3(, -5- allowable footage for signs with the package he is presenting. Pyramid Corrpany 'WOuld control the signs in the Mall of their ten- nants. The Town Planning Board recœm:mded approval. The County reconmenà.ed approval but would not agree with the 25' setback. Mr. Sumrœr Gotley of the Cinema Theatre, one of the tennants of the Mall was present and stated they had cut their sign down considerably. He suggested if the board eliminated the Cinema. sign and allowed just one sign in the middle of the Mall, it might create a hazzard. Mr. Al Lanfear, Birch Lane, was present and wanted to knOW' what the elevation of the sign was as to the road level. Mr. stewart stated the sign height would be 26 I high at a 25' setback. Mr. Lanfear stated the view from his house on Birch Lane 'WOuld nearly be skywriting and asked the board to consider the height of the sign. Mr. Peter Firth was asked to bring a letter from J. Robert LaPan and John W. Reardon, 3 Apple Lane which was against the application. Mr. Fitzgerald said he would like to see the site before deciding on this application. Mrs. Richardson also stated she 'WOuld like to see the planned locations before she could make a decision on the sign plan. Mr. Keenan said if this was tabled, it would create a hardship on the Pyramid Cœpany as they are scheduled to open next nonth. This was held for an executive meeting. 31 -6- NEW BUSINESS: Variance #411 - Sears Roebuck and Conpany, Qu.eensbury Plaza, Glens Falls, C-2 Zone, to replace an existing 316 sq. feet sign with a 334 sq. ft. sign on the property situated at Qu.eensbu:ry Plaza, Upper Glen Street. Peter Davis represented Sears Roebuck and Conpany. The Town of Queensbury Planning Board reccmœnded approval with the stipulation that they raise level of the parapet a min- imum of 18" to erect sign not above parapet line. This was a four to two decision for approval. The Warren County also approved. Charles Sicard made a notion that Variance #411 - Sears Roebuck & Corrpany be approved but that the sign will not exceed ,~~ 5~ I and not to exceed the height of thelJÞarapet and not to exceed 44' in length. This was seconded by George Kurosaka. Unaninous. Variance #415 - Margaret L. Waite, North Side of Dix Ave- nue, to enlarge a nonconfonning use in an R-4 Zone on the proper- ty situated at the north side of Dix Avenue. Mr. Fitzgerald asked for records to see what had already been granted to Mrs. Waite. Margaret Waite was present and stated the last tine she caIœ before the board, the town attorney declared her property all one parcel. Donald Duell, a neighbor on County Line Road was present and was opposed saying "It is already wall to wall buildings. III He further stated he believed it 'WOuld be a fire hazzard since the buildings are close together. '- Duane White, a neighbor also on County Line Line opposed. Wanted a clarification if the business and the hone 'WOuld be considered one joint parcel. .38 -7- Mrs. White, wife of Mr. White also opposed. Frank Ronk, neighbor also opposed. Mr. Fitzgerald said this application will be tabled until the next neeting waiting an interpretation from the town att- orney since she already has had one increase and to find out what do they use for the original carrputation for expansion. Variance #416 - Jeckel and Sons Equipment Corporation, Everts Avenue, M-l Zone, to repair notor vehicles in an M-l Zone on the property situated at Everts Avenue. Mr. Ronald Jeckel was present and stated he has a Honda Franchise and is negotiating for the Honda Autorrobile Franchise to be on Quaker Road, but there would not be enough room to repair at the Quaker Road location. Would like to do all of the repair 'WOrk on Everts Avenue. All repairs 'WOuld be done inside the building and nothing would be on the outside. The Town of Queensbu:ry Planning Board recomœnded approval with the stipulation that it be only for repair of pleasure cars and notorcycles and that variance be non-transferrable. The following people were in opposition: Mr. Victor M::x:>n, Patton Drive stated that a notorcycle on the Jeckel property was running continously for one hour and a half and was very noisy and annoying. Mr. Joseph LeIœry, 9 Patton Drive who owns appartrœnts with elderly people said rrotorcycles were repaired until 10 or 11 0' clock at night. Myron Major, 11 Patton Drive, very annoyed by noises. Valarie LeIœry, 9 Patton Drive was opposed because the Jeckel building was never landscaped like he was supposed to 3'1 -8- at the last variance granted him. Edward Clausen, 8 Patton Drive, annoyed at the noise. vin Aronsoon manager for Mr. Jeckel spoke in behalf of Mr. Jeckel and said nost of the noise was not related to Mr. Jeckel's place of business but kids use the Sears parkint.J lot to race their notorcycles and Mr. Jeckel has nothing to do with that. Gary Cardinal, parts manager for Mr. Jeckel stated that no e<rrplaints were ever made to Mr. Jeckel and Mr. Jeckel stated he knew nothing about noises on Sunday or any other day, and no police reports were ever filed, or called. Mr. Jeckel spoke regarding the scrubb:ry that was supposed to be placed in front of the building. It was because of trucks caning in and out, that the scrubs weren't put it. Mr. Charles Sicard made a notion that Variance #416 be approved with the following stipulations: That autonobiles only be repaired on the property, that the variance not be transferr- ible, has to cone back in one year and subject to the Queens- bury Beautification Comni ttee 's approval before the premises is used for the purposes indicated. Variance #417 - Pyramid Carrpany of Glens Falls, to place a building wi thin 30 ft. of the front property line in lieu of the required 50 ft. setback on the property situated at Avia- tion Road. Mr. Bruce Keenan represented Pyramid Conpany. Mr. Keenan stated the Pyramid Coo1pany 'WOuld like to build a free standing restaurant on the mall property. The naIœ of the restaurant would be Sambo's Restaurant which 'WOuld be 4,000 square feet. He stated they would like the building to be placed within 30' of the roadway because of the trees. ,-/0 -9- Mr. Richardson was ve:ry concerned about the trees and 'WOndered if they 'WOuld remain and wanted to know if nore were to be planted. Mr. Keenan said they 'WOuld be relocating lOOre trees . There were no appearances for or against. The Town· of Queensbury Planning Board disapproved and discussed the following recorrmendations: Approval of setback variance with stipulation that the trees be saved with exception of minimum cutting (as approved by the Beautification Cœroìttee) necessa:ry for road parking in front of the trees, that no add- itional access be made to Aviation Road for the project, that the only sign permitted be a sign on the building in confor- mance with the ordinance, that plantings be approved by Beau- tification Carmittee and no parking be permitted within the set- back line. There was a 3 to 3 vote on the above reconmendations. 3 opposed and 3 in favor. The Town Attorney's interpretation is that this 'WOuld be a ::ecorrmendation for disapproval. Mr. Fitzgerald made a lOOtion that Variance #417 be dis- approved in conformance with the Town Planning Board. This was seconded by S. Richardson. Unaninous for disapproval. An executive session convened with rœrrbers coming back at 11:32 P.M. Varirance #414 - Pyramid Corrpany to place oversized signs less that the required setbacks and oversized facia signs on the property situated at Aviation Road. George Kurosaka made a notion that Variance .414 - Pyramid Carrpany be granted provided that both signs confonn to entrance ply Ion #2 in size and layout, but the bottan of the sign of Ply- Ion #1 be 7' fran grade as indicated or a total of 21'. The .. il '-- -10- text of entrance plylon #2 be restricted to indicate special events, sales, etc. as represented at the hearing. Tennant signs be approved as presented at the hearing and per Aviation Mall building nounted sign proposal presented as part of the record and generally per plans su1:mi tted. This notion was seconded by Dick Sander spree . Unaninous . The rœeting was adjourned a