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1977-02-16 Q~ MINUTES of the public hearing of the Queensbury Zoning Board of Appeals held February 16, 1977, at 7:38 P.M. There were present: Jack Fitzgerald (Chairman) George Kurosaka Charles Sicard Sjoedje Richardson Ted Turner being the members of the Board. The meeting was called to order at 7:38 P.M. by Jack Fitzgerald, Chairman. On a motion by Charles Sicard, seconded by Ted Turner, the minutes of the January meeting were approved as read. OLD BUSINESS - Variance # 471, relocation of sign for middle egress- present was Mr. Robert Stewart. Mr. Kurosaka made a motion to amend the resolution on Variance #471 to relocate a sin at the Pyramid Mall dated December 16, 1976 to delete that portion of the motion where we resolved that this variance be granted provided the middle egress proposed by DOT is eliminated and substitutes the Board grants this variance the middle egress being used as an additional'Þ6ress only as required by the DOT in a letter dated 1/18/77 and as indicated on the plans by Ray Keyes, Engineer dated 8/23/76 and initialed by the secretary of the Zoning Board of Appeals on 2/16/77. This motion was seconded by Ted Turner and received a unanimous de~ision. Special Permit # 47 - Pyramid Mall Company - Mr. Robert LaPann was present and complained that the zoning inspector had not acted on his complaint towards the Pyramid Mall concerning the cutting down of trees on his property and the drainage bed. Motion by Jack Fitzgerald to refer this matter to the town board attorney to consider whether it is before the proper board. George Kurosaka seconded with a unanimous decision. I.;{ '7 Special Permit #61 - Sambo's.Restaurant, Inc.- RESOLVED that Special Permit #61 be approved. The Board Finds: l. The use is one specifically enumerated for a C-3 District. 2. Such use would not be prejudicial to the character of the area. 3. There are appropriate provision for access facilities adequate for the estimated traffic from public highway, and there are adequate pedestrian walkways as is normal for this type develop- ment, so as to insure public safety & avoid traffic congestion, as evidenced in testimony by applicant's engineer. 4. There are fully adequate parking areas & off-street loading spaces in conformity with the requirements of the Town of Queensbury Zoning Ordinance. 5. Suitable plantings & screenings have been approved by the Queensbury Committee for Community Beautification. 6. Such use is ofsame general character as, or will not be injurious to surrounding neighborhood or district. 7. Warren County Planning Board has approved the Storm & Sanitary Systems, for the project, and traffic counts were submitted in evidence, by the Applicant's Engineer; The County Board having adequate information at their February 9, 1977 meeting, reversed their prior position, and now recommend approval of this project. 8. The exterior walls of opposite buildings are located more than the required minimum distance apart. 9. The building is so arranged as to be accessible to emergency vehicles. 10. Traffic control devices will have to be adjusted in conformity to the NYS Dept. of Transportation requirements. ll. All lighting devices on site and building are so arranged as to not be objectionable to the adjacent area. l2. The development will not be permitted to use the name "SAMBO'S" for this particular facility, an alternate name must be used, that reflects no "ethnic slur", or is objectionable to anyone on similar grounds. 13. This particular project, would not detract from the original concept of the Large Scale Development, forseen for this area, and would not adversely affect the character of the area or neighborhood. This motion was seconded by Charles Sicard with 3 aye and 2 naye. 1~2 NEW BUSINESS - Variance # 476, Clayton G. Woodbury & Son, Inc. _ to place non-conforming signs on the property situated at the corner of LaFayette and Glen Streets. Mike Woodbury was present and explained the need for two signs. There were no appearances for or against. A motion was made by Charles Sicard to approve Variance #476 with the changes made by the Oueensbury Planning Board to agree with Warren County and the Beautifica- tion Committee Planning Boards. The motion was seconded by Sjoerdje Richardson with a unanimous decision. ' George Kurosaka abstained from voting. Variance #477, James G. Rozakis - to place a free-standing sign in an R-4 Zone on the property situated at Dix and Oueensbury Avenues. James Rozakis was present. This variance has received approval by both boards. Sjoerdje Richard- son made a motion that Variance #477 be approved with the stipulation that the text of the sign delete wording of "At the Lowest Prices." The motion was seconded by George Kuroaaka with a unanimous decision. Special Permit #62, -D.K.Y. Corporation - to place a car-wash in a C-2 Zone on the property situated at 692 Upper Glen Street. Letter was read from Art Isner and there were no appearances for or against. The Zoning Board approved with George Kurosaka making a motion that Special application of this permit #62 by D.K.Y. Corp. be approved. The use will not be prejudice to 'the character of the area. The Board determines that there is appropriate provision with facilities adequate for traffic and parking. Also will not be injurious to surround- ing neighborhood or district as it is in a commercial area. The motion was seconded by Charles Sicard and received a unanimous decision. p9 Variance #478, Sears, Roebuck & Co. (City Sign Service, Inc.) - to install nine wall signs in lieu of the allowed one wall sign on the property situated at Aviation Mall, Aviation Road. This Variance was adjourned until next meeting, March l6, 1977. A letter was read by Attorney, Robert Stewart. Variance #479, Karen Christensen Elgin - to operate a retail shop in an R-2 Zone with free-standing sign and wall sign on the property situated at West Mountain Road. Present were Karen Elgin and Rozanne Burger to explain what was to be placed on this property. OBJECTIONS: Dave Hubert - Traffic problem. Has children. Wants this to re- main a residential area. Thomas Tilly - Traffic problem. Too much turning around in driveway John Norman - Said he had. .deed showing that this area wasn't to be used for business purposes. Bob Jones - Traffic problem. David Emmel - Traffic problem. His house is too close to the road. A motion was then made by Jack Fitzgerald for the disapproval from the Zoning Board. This was because there was no hardship showing. Sjoerdje Richardson seconded the motion and there was a unanimous decision. Variance #480, Glens Falls Carpet Center, Inc. - to enlarge a non- conforming use and to vary from the rear property line setback on the property situated at 104 Main Street. The owner of the business, Francis Martindale was present. He stated that he had gone to the Beautification Committee hearing but could not get in. The Front doors were not available. There were no appearances from the public The Town and County Boards approved with no conditions. A motion for the approval was made by Ted Turner and seconded by ;30 Charles Sicard and received a unanimous decision. Variance # 481, Walter Dombek (Midas Muffler Shop) - to place five wall signs in lieu of the one allowed on the property situated at Quaker Road. Kurosaka disqualified himself. Walter Dombeck was present and represented by Robert Stewart. There were no appearances from the public. A motion was made by Sjoerdje Richardson stating that the board approved with the stipulation that the words brakes, shocks and mufflers be deleted because they were thought of as directional signs. Charles Sicard seconded the motion. A 3 aye and 1 naye was the decision. Kurosaka returns. Variance #482, Carswell Truck Center, Inc. - to place a building less than the required setbacks on the property situated at 685 Upper Glen St. Mike O'Connor was present. He read a letter written by Howard Rudnik who stated that he had nc ¡objection of having Q fence on his property line. No public appearances. The Board approved this variance with a second by Ted Turner. The motion was unanimous. This was als~ approved by the two planning boards. The meeting was adjourned at 10:37 p.m.