1975-11-19
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MINUl'ES of the public hearing of the Zoning Board of
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Appeals held November 19, 1975 at 7:30 P.M.
There were ,present:
Jack Fitzgerald (Chairman)
Sjoerdje Richardson
Charles Sicard
Richard Sanderspree
George Kurosaka
being the members of the Board. The neeting was called to order
at 7:30 P.M. by Mr. Fitzgerald. On a notion by Richard Sanderspree,
seconded by Charles Sicard, the minutes of the October meeting were
approved as read.
OLD BUSINESS:
Variance #415 - Margaret L. Waite, North Side of Dix Avenue,
R-4 Zone, to enlarge a non-conforming use in an R-4 zone on the pro-
perty situated at the north side of Dix Avenue.
This variance had been tabled for several rœetings for one rea-
son or another.
This variance was again tabled as the board wanted to refer the
matter to town Attorney J. David Little for opinion. Mr. Fitzgerald
noted the board wanted to knOW' "what is pennissible under the 50
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per cent (~ansion) rule.
Variance #414 - Pyramid Coopanies, Aviation Road. A rehearing
of sign application.
Attorney Robert Stewart was present to represent Cinema Centers,
Inc. He asked for the sarœ size sign which was asked for originally.
The theatre needs to shOW' its existence and needs a sign to do so.
Mr. Bruce Keenan fran the Pyramid Company was also present
along with Mr. Gottlieb of Queensbury Cinema.
A letter was read iran the League of Waœn Voters in opposition
to the sign.
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Mr. Kirkham Cornwall said that sign applic~tions should be
taken care of evenly between eve:ryone.
There were no other appearances for or against.
Richard Sanderspree ma.de a notion that Variance #414 be app-
roved with the provision that no other non-conforming signs be con-
structed on the premises and that it is a reasonable use of the pro-
perty. This sign shall go off at 11: 00 P.M. This motion was sec-
onded by Charles Sicard. Unaninous.
Mr. stewart stated that Variance #426 - Queensbury Cinemas, Inc.
would be withdrawn.
NEW BUSINESS:
Variance #421 - George A. Finch, Jr., Newcomb Street, R-4 Zone.
George Finch Jr. and George Finch, Sr. were present and stated they
would like to build an apartment over an existing garage.
Charles Sicard made a notion that variance #421 be approved as a
reasonable use of the property. This was seconded by George Kurosaka.
Unanirrous. No appearances for or against.
Variance #423 - John Salvador, Jr., Route 9L Dunham's Bay, R-4
Zone.
This variance is for ten boat docks which have been installed
on the Northwest end of Lot 11 of the French M:>untain Tract. One
dock was installed in 1971, 3 in 1973 and 6 in 1974/75. The loca-
tion of the last dock is approximately 20' fran the Western proper-
ty bound:ry.
This 'WOuld be to provide additional boat docking space on Lake
George. The ten subject docks are classified as "terrpora:ry" in
that they are in less than 4' of water and not more than 40' from
shore.
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Mr. John Salvador, Jr. was present and explained that the docks
were already installed and that he had obtained pennits from the State
DepartJnent of Environmental Conservation.
Ther following people opposed this application:
Alan Strack, owner and resident of Dunham's Bay area was against
the Bay areabecaning too conmercial and no hardship was shown.
John Lerre:ry was for the application stating that he owns a boat
and should allow marinas to operate on the lake.
Thoma.s West of Dunharns Bay argued against Salvadore's docks,
saying the ownership of the land upon which the docks are located
may be in question and should be checked. He also said there was a
trerærrdous aIIDunt of traffic in Dunhams Bay and that this sometirres
presents a safety problem.
Mr. Alan Wrigley, Dunharns Bay, said on behalf of his father
of the Dunham's Bay Association, wanted any action to be tabled
so that the association would have tirre to send out a letter to
its rrembers so their views could be heard.
Rene Chapuis I rrember of the Dunham's Bay Association thinks
this application would prove dangerous.
Jim West, Dunhams Bay, questioned if the docks belonged to
the State. He also questioned hardship.
Mr. Salvadore stated when he built the three docks in 1971,
it was his impression that the only organization that had any jur-
isdiction of the lake was the New York State Conservation Dept.
He did not ask the Town office building for a penni t stating he
did not know this was under their jurisdiction.
Rene Disa.rrro wanted to know how many boats Salvadore had
and Mr. Salvadore replied "20".
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Salley Chenier against soaps, film, gas and oil being put into
the lake.
Mr. EllS'WOrth was against this application stating there were no
parking facilities.
Jack Fitzgerald made a rrotion to disapprove Variance #423 since
there was not sufficient reason for hardship given and in view of
opposi tion from people attending the meeting. He further stated
that it be part of the record that the title was uncertain. This
lOOtion was seconded by George Kurosaka.
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\ \,/ Avenue, M-2 Zone.
Special Penni t #58 - L. H. and Joan Kubricky, Bay Road and Everts
Jack Fitzgerald disqualified himself on this application.
Duke Kubricky was present and stated this is to build a new
plant.
A letter fraIl the Health Department was read questioning the
water table. Mr. Kubricky said he would canply to the standards of
the Board of Health.
Letters were read from Meads Nurse:ry and the Beautification Com-
ittee.
Mr. Kirkham Cornwall wanted to go on record as being in favor
of this application.
Those against the application were:
Joseph Lemery, Everts Ave. said he understood anything that is
an Industrial Park must be approved by Encon.
Mr. Joseph Leræ:ry opposed along with Hilton Potter of Homer Ave.
and Valarie Capone, Everts Avenue. George Johnson who lives across
the street on Everts Avenue questioned the drainage.
Mr. Robert Guyette, 250 Bay Road - opposed.
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Mr. Tubbs, 249 Bay Road said he was in favor of what he is doing
on Bay Road.
Ed Causen, Patton Drive - opposed.
Steve Capone wanted to know how many enployees Mr. Kubricky had
and Mr. Kubricky said there were eleven. Mr. Capone also opposed.
Vincent Mx>n, 6 Patton Drive - opposed.
Bill Pratt, Patton Drive - opposed because of water problems.
Several neighbors stated that they never had a water problem before
Mr. Kubricky started filling in this piece of land. The neighbors
wanted a letter from the Town Engineer regarding the water problem.
Larry Rossman, 274 Bay Road stated he has always had a water pro-
blem.
Mr. Mx>n stated he didn't think it was just Mr. Kubricky that
was causing the problem.
.Charles Sicard told the neighbors that this is a problem for the
Town Engineer to to find out if Mr. Kubricky is causing the problem
or what is causing it and that the people should contact the Town
Board.
Charles Sicard made a notion that Special Permit #58 be approved
wi th the following specifications:
The Board Finds:
l. The use in one specifically enurœrated in the district.
2. Such use will not be prejudicial to the character of the
area. M-2 zone - plans for buffers.
3. The Board detennines that there is appropriate provision
for access facilities adequate for the estimated traffic
from public streets and/or highways and that there are ped-
istrian walkways so as to insure public safety and to avoid
traffic congestion.
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4. That there be full adequate parking areas and off-street
loading spaces, in confonni ty with the proposed parking
requirements of the zoning ordinance of the Town of Queens-
bury and all other related ordinances.
5. That sui table planting or screening will be required as
follows: Subject to the Town of Queensbury Beatuficiation
Conmittee.
6. That such use of the sazæ general character as, or will
not be injurious to, the surrounding neighborhood or
district. M-2 buffers.
7. (Applicable uses that would permit two or nore principal
structures on the same lot). That such structures are so
arranged so as to pennit diversification in the location
of building and to inprove circulation facilities and other
site qualities while maintaining adequate standards for
public health, safety, welfare and convenience.
That this xœet with the recamœndations of the Town Planning Board
corrpletely, rœets with the approval of the Town Beautification Conm-
i ttee, rœets with the Town Engineer regarding drainage and sub-sur-
face system adequately designed and approved.
This notion was seconded by Richard Sanderspree. Unanim::>us .
Variance #424 - Beatrice Bevins, East Side Corinth Road, R-3 Zone.
Request to place an antique shop in an R-3 zone and a sign placed by
the mail box 5' from front property line, 5' high and 2 I X 3'.
Guy and Beatrice Bevins were present and stated this would be for
repairing furniture.
Both the Town of Queensbury Planning Board and County Planning
Board approved. There were no appearances for or against.
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Charles Sicard rrade a motion that Variance #42f be approved in
conformance with both planning boards.
This IIDtion was seconded by S. Richardson. Unanirrous .
Variance #425 - Karen Diviney, Bay Road, R-3 Zone. Applicant
requests a variance to the ordinance to erect an on-premise adver-
tising sign closer to the right of way than the 50 foot setback re-
quired in the ordinance. This is located at Evelyns Flower Shop on
Bay Road. To relocate a 15 sq. ft. advertising display per sketch
submitted and plot plan submitted.
Wayne & Karen Diviney were present along with Bob Platt from
Sign of Progress.
Would like to replace sign that was wrecked as a result of a
car accident. Evelyn Smith, previous owner was also present.
There were no appearances for or against. Both town and county
planning boards approved.
The sign would go_off around 10:00 or 10:30 P.M. at night.
George Kurosaka made a motion that Variance #425 be approved.
This notion was seconded by Charles Sicard. unanirrous.
Variance #427 - First National Bank of Glens Falls, Quaker Road,
C-2 Zone. To erect a sign 200 square feet, metal letters with bronze
finish affixed to the wall of building and illuminated by soft wall
wash ground fixtures set in landscaping.
William T. Clark, President and Bob DeHavens Vice President were
present.
Mr. DeHavens pointed out that this sign would be different in
size since the other sign was to be 280 sq. feet.
Mr. John Lemery spoke saying he was concerned about the trend
of signs. He asked that Mr. Fitzgerald not hear this application
since he is a stockholder of the bank. He further stated that he
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doesn't know what to tell his clients regarding applications for
signs. Has no objection to the bank sign but would like to know
what the board's position is going to be regarding signs so eve:ry-
one concerned 'WOuld be treated fairly.
Mr. Fitzgerald disqualified himself from this application.
Mr. Kirkham Cornwell - was not against the sign.
Diane Barber from the League of Worœn Voters read a letter
against this application.
The Town of Queensbury planning board disapproved saying:
The Board recomnends disapproval of this variance as submitted.
We v,¡ould reconmend approval of 100 sq. feet sign with the 'WOrding
FIRST NATIONAL and the v,¡ording beneath FIRST NATIONAL BANK OF GLENS
FALI.S. We recomnend the logo be enclosed in the lines as originally
proposed and be in addition to the 100 sq. ft., and be no higher than
two lines - or if it is desired two separate lines of type. The tot-
al shall be no nore than 100 sq. feet.
The Warren County approved.
Mr. DeHavens stated he felt this was a hardship.
Mr. Charles Ginsburg - in favor of this application.
A letter from the Town Beautification corrmittee was read stating
the bank had not done several things that the committee had asked
for and asked that the Zoning Board turn down this application.
Richard Sanderspree made a notion that Variance #427 - First
National Bank of Glens Falls be approved. This was seconded by Geo-
rge Kurosaka. There were: 3 - yes
1 - No
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The meeting was adjourned at 12: 25 P.M.
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