1980-10-15
S':¿
MINUTES
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QUEE~SBURY ZONING BOARD OF ApPEALS
OCTOBER 15, 1980 7:30 P.M.
PRESENT:
KIRKHAM CORNWELL, CHAIRMAN
CHARLES SICARD
DANIEL GRIFFIN
R. CASE PRIME
SJOERDJE RICHARDSON
THEODORE TURNER, SECRETARY
STEPHEN LYNN, STAFF
ABSENT: .
A. MATHER REED
MOTION TO ACCEPT MINUTES OF SEPTEMBER 17, 1980 MADE BY MR. SICARD,
SECONDED BY MR. TURNER.
VARIANCE H 682 - SEARLE OPTICAL (PEARL VISION CENTER) - TO PLACE A
VISION CENTER IN A C-2 ZONE ON PARCEL THAT DOES NOT MEET THE 40,000
SQUARE FOOT REQUIREMENT ON THE PROPERTY SITUATED AT THE NORTH SIDE
OF AVIATION ROAD.
MR. MCCORMACK OF COULTER & MCCORMACK PRESENT ON THIS VARIANCE. MR.
MCCORMACK PRESENTED MAP AND PLANS FOR THE VISION CENTER. A PORTION
OF THE PROPERTY LOCATED IN C-2 ZONE CREATED PRIOR TO THE CONSTRUCTION
OF AVIATION ROAD AS WE KNOW IT TODAY. MR. CORNWELL EXPRESSED SOME
CONCERN OVER THE COMMON DRIVEWAY TO BE SHARED WITH AVIATION DINER.
THE REQUEST IS IN KEEPING WITH THE ADJOINING LAND USES. ALL BOARD
MEMBERS PRESENT VISITED THE SITE. MOTION BY MR. SICARD, SECONDED
BY MR. TURNER TO GRANT THIS VARIANCE. MOTION CARRIED UNANIMOUSLY.
RESOLVED: THE BOARD GRANTED THIS VARIANCE IN
CONCURRENCE WITH QUEENSBURY AND WARREN
COUNTY PLANNING BOARDS. PRACTICAL
DIFFICULTY SHOWN BECAUSE PROPERTY IS
DIVIDED BY TWO ZONES.
INTERPRETATION H2 - DANIEL BARBER (KNIGHTS OF COLUMBUS) PROPERTY ON
ROUTE 9.
MR. MICHAEL O'CONNOR, ESQ. REPRESENTING DAN BARBER. MR. O'CONNOR:
THE KNIGHTS OF COLUMBUS HAS AUTHORIZED AND ENTERED INTO AN AGREEMENT
TO PURCHASE BARBER PROPERTY ON ROUTE 9 IN A C-3 ZONE. THE K OF C
HAS FILED AN APPLICATION FOR A VARIANCE AND AN INTERPRETATION. I
WANT TO PRESENT AN ARGUMENT THAT IT IS MY OPINION THEY DO NOT NEED
A VARIANCE FOR THAT PARTICULAR PIECE OF PROPERTY. THE PROPERTY DOES
HAVE A GOOD CASE FOR VARIANCE (HARDSHIP) IF THAT IS WHAT THE BOARD
WANTS.
THIS FRATERNAL ORGANIZATION DRAWS FROM MORE THAN ONE IMMEDIATE
NEIGHBORHOOD AND SHOULD BE PERMITTED IN A C-3 ZONE BECAUSE OF ITS
NATURE (PRIMARILY AN EATING AND DRINKING ESTABLISHMENT).
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OCTOBER 15, 1980
THERE DOES NOT APPEAR TO BE ANY OBJECTION TO THE K OF C IN THE
IMMEDIATE NEIGHBORHOOD ON ROUTE 9. THERE WILL BE NO ONE IN RESIDENCE,
NO BOWLING. THERE MAY BE SOME OUTDOOR FACILITIES SUCH AS A PICNIC
GROVE. THERE WILL BE AMPLE PARKING. THEY DO HAVE A BINGO OPERATION
BUT THEY HAVE BEEN RUNNING IT IN ST. ALPHONSUS CHURCH. THEY DO NOT
BELIEVE IT WILL BE ECONOMICAL TO RUN AT THE NEW LOCATION. PEOPLE
WOULD HAVE TO GO TOO FAR, THEY HAVE A GOOD NEIGHBORHOOD THAT THEY
DRAW FROM.
MR. JACK INGALLS PRESENT REPRESENTING THE K OF C. MR. INGALLS: I
WOULD DEFINITELY STATE THAT CERTAINLY IF THEY (K OF C) MOVED IN THERE
(ROUTE 9) IT WOULD BE THEIR INTENT TO HAVE BINGO RUN FROM THERE.
THERE IS A PROBLEM WITH THE LANGUAGE OF THE ORDINANCE. THEY (K OF C)
WOULD DEFINITELY BE ALLOWED IN AN R2 OR R3 DISTRICT AS A SPECIAL PER-
MITTED USE EXCEPT FOR .4205 OF ORDINANCE WHICH STATES IT SHOULD SERVE
THE SURROUNDING NEIGHBORHOOD. THE ~ OF C SERVES THE CITY OF GLENS
FALLS, SOUTH GLENS FALLS, QUEENSBURY AND LAKE GEORGE.
DISCUSSION ENSUED AS TO WHAT IS DEFINITION OF 'SURROUNDING NEIGHBORHOOD'.
MRS. RICHARDSON STATED THAT IT COULD MEAN A LARGE AREA. HOWEVER, IT
WAS GENERALLY AGREED THAT 'SURROUNDING NEIGHBORHOOD' WOULD MEAN
IMMEDIATE NEIGHBORHOOD, EG. WESTLAND, TWICWOOD. MR. INGALLS ALSO
NOTED THAT THE K OF C IS SUBJECT TO REAL ESTATE TAX AND SALES TAX.
THEY ARE EXEMPT FROM INCOME TAX.
THE COMMITTEE ADJOURNED TO EXECUTIVE SESSION TO DISCUSS THE INTENT OF
THE ORDINANCE AS IT PERTAINS TO THIS INTERPRETATION.
THE COMMITTEE RETURNED TO PUBLIC SESSION AND SUBMITTED THE FOLLOWING
INTERPRETATION PROPOSED BY MR. PRIME, SECONDED BY MR. GRIFFIN. THE
MOTION CARRIED UNANIMOUSLY. MR. CORNWELL NOTED THAT THIS INTERPRE-
TATION IS TAILORED TO FIT THIS APPLICATION ONLY.
INTERPRETATION: THE KNIGHTS OF COLUMBUS ARE SUFFICIENTLY
COMMERCIAL AS THEY RENT, CATER AND PROVIDE
FOOD AND BEVERAGE FACILITIES. ALSO, THIS
WILL NOT VIOLATE THE INTEGRITY OF THE C-3
ZONE WHICH THEY DESIRE TO LOCATE WITHIN.
THEREFORE, A VARIANCE WILL NOT BE REQUIRED
TO FUNCTION WITHIN THE C-3 ZONE.
MR. SICARD ENTERTAINED A MOTION TO ADJOURN THE MEETING AT 9:20 P.M.,
SECONDED BY MR. TURNER.
KIRKHAM CORNWELL, CHAIRMAN
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