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1978-09-20 3~P Official Minutes of the Queensbury Zoning Board of Appeals held September 20, 1978 at 7:30 P.M. -- Members present: Absent: Kirkham Cornwell, Chairman Ted Turner George KurQsaka Sjoerdje Richardson Charles Sicard Alfred Franco Mather Reed Staff: George Liapes, Steve Lynn League of Women Voters Observers: Linda Buckley, Sue Goetz On a motion by Mr. Sicard, the minutes of the August 16th meeting were approved. The motion was seconded by Mr. Turner. Carried. NEW BUSINESS: Variance #573 - Robert D.S. Condit (Pudgies Pizza) C-2 Zone '- Withdrawn by Telephone on September 18, 1978. Variance 11576 - " Leonardo Lombardo (Ponderosa) West Side Rt. 9 (Warren County Planning Board) Presentation: Pictures C-3 Zone Variance to place a 50 sq. ft. roof sign to project 6 ft. above the roof of the Ponderosa Restaurant. The present sign preceeds the Zoning Ordinance. Mr. L~onardo sighted hardship stating that the only place to put the sign was above the roof as the State advised him he may not locate his sign along the road. Mr. Lombardo is in the process of purchasing an adjacent strip of land from the State and estimates it will take one year to finalize the transaction, at which time he will relocate his sign. It was proposed that he be given a temporary permit. The Town Planning Board Meeting minutes were read and Mrs. Sue Goetz, -2- representing the League of Women Voters read a statement favoring a 3h7 temporary permit. Discussion of the nature of the temporary Variance '-. followed. A motion was made by Mr. Sicard and seconded by Mr. Franco, granting a Variance until 1986 or upon conformance that a free stand- ing sign be erected if and when the State land is purchased by the applicant as stated by the Warren County Planning Board. Motion was carried with Mr. Cornwell voting NO. Variance #577 - Golub Corp. 52 Aviation Road (Warren County Planning Board) Mr. Gordon Noel Presentation: Color Brochure C-3 Variance for the erection of a canopy over gasoline pump island; 29 ft. front setback in lieu of the required SO ft. setback called for "-- in a C-3 Zone. Mr. Noel stated that the proposed canopy was a free standing type and a single pillar will support it. Mr. Cornwell ask the Board to consider the effect on the neighboring businesses and the environment. Customer convenience was discussed as was lighting. Mr. Robert Stewart. representing C.R. Wood appeared in opposition. Mr. Kurosaka disqual- ified himself at this point. Mr. Stewart stated that there exists a restrictive covenant which would prohibit placement of the canopy and the ARCO Station is presently involved in litigation over a similar situation. The court ruled that customer convenience was insufficient reason to grant the variance. However a compromise was reached and the litigation is now at an end. Discussion followed as to whether -3- C.R. Wood does indeed have structures which do not comply. 370 Mr. Noel stated that the proposed ARCO canopy was much larger than this canopy '- and that he is planning of pumps from the premises. to remove one set Mr. Stewart was unaware of these proposed changes. Discussion followed regarding the change in the direction of Aviation Road which accounts for the difference in distance from the road. The Town and County Planning Boards recommendations were read. Mr. Cornwell asked that a stipulation be made that if the property is ever sold, the canopy and the pumps be taken down. Mr. Sicard made a motion that the Var- iance be approved with the additional restriction that the facia be down to 2 ft. Mr. Nowl was in agreement. No second could be offered. Mr. Cornwell noted that unless a motion either for or against was passed, the Variance would be approved by default. A recess was called .,- for discussion. The Board reconvened and Mr. Cornwell seconded the motion to bread the dead-lock. The voting followed: Mr. Franco - NO; Mrs. Richardson - NO;(she felt the 50 ft. setback should not be encroached upon); Mr. Turner - NO; Mr. Sicard - YES; Mr. Cornwell - YES. Variance denied. (Mr. Kurosaka abstained) Variance #578 - Walter Dombek South Side Quaker Road (Warren County Planning Board) C-3 Mr. Kurosaka disqualified himself on this application. Variance to construct a 3,000 sq. ft. addition to house a food " market and offices, 8 ft. from the rear property line rather than the 30 ft. required under the ordinance. '-- '-- -4- 3~ Mr. Robert Steward, representing Mr. Dombeck, stated that several of the existing businesses are also set back as the lots are long and shallow. Mr. Cornwell asked if there were any difficulites expected in loading or unloading delivery trucks. Mr. Stewart as'sured the Board that only small turcks would be necessary. Opposition voiced by Mr. H. Kane, neighboring resident in Ridge Meadows, relative to traffic conjestion and the proliferation of the mini-mart type of operation in the area was answered by Mr. Cornwell who stated that the area is already zoned commercial releaving the Board of any responsi- bility as to the type of business. The Town and County Planning Boards voted in favor based on having only one curb cut. Discussion progressed around parking facilities and the advantage of two curb cuts was agreed upon. The ~elephone Co. does not allow a building to be located under a phone line, however the line is high enough to permit entrance and exit after constuction is completed. Mrs. Richardson felt that the food mart type of business presented a problem and asked if the building could be shortened to allow an 11 ft. setback. Discussion revealed it was not possible. A motion was made by Mr. Turner for a rear Variance and the curb cuts subject to the County Department of Public Works review. Second by Mr. Sicard. Carried. -5- B7;;¿ Variance #579 - James Shovah Sweet Road & Lawton Road (Warren County Planning Board) R-3 '- Mr. Franco Disqualified himself on this application. Variance to erect 3 signs for the purpose of advertising. Two to be placed on the store, one free standing. Discussion proceeded on the types of goods to be sold - "Dry Goods" implies merchandise not actually for sale by applicant, making it necessary to change the text of the sign. More specifically the leather goods were considered an item not applied for. The Ralston Purina and the John Deer(Co. signs are to be attached to the building. The Board felt with added merchandise the need for additional advertising would arrise. The R-3 Zoning condones the use of signs as applied for. The Town and County Planning Boards approved as applied. '- Mr. Kurosaka made a motion that the Variance be approved as applied for. Mr. Turner seconded. Vote: Mr. Kurosaka - YES; Mr. Turner - YES; Mr. Sicard - YES; Mrs. Richardson - NO; Mr. Cornwell - NO. Motion Carried. (Note: Property is bisected with two types of zoning: C-3 400 ft. in from Route 9, R-3 thereafter.) Variance #580 - Shoprite (Campbell House Inc. ) Queensbury Plaza - Upper Glen St. (Warren County Planning Board) Mr. Saul Birnbaum C-2 Request to erect a 128 sq. ft. wall sign rather than a 100 sq. ft; wall sign allowable. No free standing sign to be used. A Variance is required because the store is part of a shopping plaza. The Town and County Planning Boards approved. A motion was made by Mr. Sicard to approve the Variance as applied for. Seconded by Mr. Kurosaka. Carried. -6- Variance #581 - United Way Campaign Aviation Mall - Aviation Road (Warren County Planning Board) 313 C-3 '---- Variance for temporary sign indicating a thermometer which rises when additional funds are pledged to the United Way Campaign. A 4 ft. x 8 ft. free standing sign, the same as last years, is to be placed at the Mall entrance by the Jolly Tiger Restaraunt. Mr. Kurosaka suggested that a permanent temporary Variance be granted for the convenience of the United Way Committee. This was denied on the basis that the sign may be placed at different locations from year to year. A motion was made by Mr. Sicard that the temporary Variance be approved for the life of the United Way Campaign as applied. Seconded by Mr. Turner. Carried. '- Variance #582 - Charles Caputo Queens Way (Warren County Planning Board) R-S Variance to place a temporary real estate brance office until the project is sold out. The Town Board approved; however the Warren County Board denied the application as it was beyond the scope of the operation of the Board. Blake Veeder Reality needs the branch office to show and sell the town houses for which they have an exclusive. The estimated time was for one year or for the contract life. Sufficient hardship was shown for approval. A motion was made by Mr. Sicard that the Variance be approved for the duration of the present contract (July 15, 1979) for the use of -- -7- 31'1 providing on side coverage to sell townhouses. Seconded by Mrs. Richardson. Carried. '-- Variance #583 - Allen B. Powers - Preston L. Jenkins, Jr. 267 Bay Road (Warren County Planning Board) M-l Variance for two professional offices - one on the first floor (Accountants office), one on the second floor (other professional use). Anticipated two professionals plus support stafffor each office. Two lO" x 24" signs attached to a free standing post. Discussion as to traffic flow proceeded and the Board felt the application was clear. Mr. Larry Rossman, owner of neighboring property spoke in favor of the signs and the building use. The Town and County Planning Boards approved the application. A motion for approval as presented was made by Mr. Sicard and '",-- seconded by Mr. Franco. Carried. Meeting adjourned at 10:08 P.M. . "'" t "IW" 1/ W t~ Cch' ~I'" ,_ ~ (k;¡ðtr '"-