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1982-11-17 /7/ Regular monthly meeting of the Queensbury Zoning Board of Appeals was called to order by Chairman, Kirkham Cornwell, at 7:30 P.M. November 17, 1982. Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson and Mr. Prime Chairman first asked for a motion to approve the minutes or corrections or additions to them. Chairman noted one correction, the spelling of the name Hotmer. Motion by Mr. Sicard, seconded by Mr. Turner RESOLVED that the minutes of the meeting conducted October20, 1982 are approved subject 00 corrections and additions. Yes-Goetz, Griffin, Turner, Cornwell, Sicard and Prime Abstain-Richardson Approved. Interpretation No. 15 - Walter O. Rehm, III represebting Shoe Outlet property located Route 9 former Halfway House. Mr. Rehm explained that the new building would house a retail shoe outlet similar to the one on the highway in Rutland. The Building Department indicated that a shoe store or any other retail business would require a variance under the new zoming ordinance. A business such as this was not mentioned as one of the uses in a Highway Commercial area. Mr. Rehm next brought up the type of clients anticipated here that they would be members of the travelling public. A store such as is proposed here does not just cater to the local trade. Chairman asked if the store would be basically the same style as other Dexter Outlet stores with Mr. Rehm answering yes. They will sell shoes and other related products as in the other stores. Zoning Board Interpretation as follows: A ðexter Shoe Outlet similar to the Outlet in Rutland for the sale of shoes and closely related items be ~lassified as being for the convenience of the travelling public as provided in a Highway Commercial Zone. .Ale. · 1 ., ~ members voting for approval. "'V. Pfl..... "O.SY~ , -- Page 2 17:1 Variance No. 796 - NPSC Corporation Northway Plaza, Route 9 Represented by Attorney Kafin This application, as stated by Attorney Kafin, is a request for a variance for permission to place an ornamental spire on the facade of the shopping plaza higher than the 50-foot maximum allowed. Mr. Kafin explained that this is proposed for the spire to be ornamental only. This spire is an integral part of the design of the facade improvements being planned by the corporation. It was mentioned here that the practical difficulty here is that the buildings in the plaza are actually built in a hole. Chairman noted that the whole operation is below the level of the highway. Chairman noted that both the Queensbury and Warren County Planning Boards recommended that this variance be approved. They felt that the reasoning for the height limitation in the ordinance was for fire protection and that since this spire would not be occupied they didn't see why it should apply. They also commented that it would not obstruct or block any neighbors view and it would not violate the intent of the ordinance in itself. Motion by Mr. Sicard, seconded by Mrs. Richardson, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals approves Variance No. 796 based on the fact that it would not be a fire hazarè, it would not interrupt, or obstruct, neighbors view and a practical difficulty of being below the level of the highway has been show. Approved. Variance No. 797 - NPSC Corporation Northway Plaza, Route 9 Represented by Attorney Kafin Mr. Kafin stated that this is an application for permission to place the words "Northway Plaza" on the main gable of its main building as part of the proposed facade improvements. Chairman noted that there is some question as to whether it would be appropriate. Mr. Kafin explained that the lettering is jproposed by the architect to be the visual focal point of the entire project. It is designed to be consistakt and an integral part of the entire facade program. Chairman asked how many square feet the proposed wording would be. Mr. Kafin said about30 inches high and 16-feet across. He then mentioned that all of the signs in the plaza itself will be consistent and the tenants will haee to comply. Chairman also noted that all of the signs in the area will basically /73 Page 3 be the same in size, et~. Mr. Kafin agreed, the tenants will all comply, the Corporation want's everýthing to be consistent in size, color. Chairman noted that the Planning Board had no objectæons and recommended approval. Mr. Sicard added that he would approve of this sign as identi- fication on the gable as it is in keeping with the design program. Mr. Swanson said this would be the only sign of this nature that they would be requesting. Mr. Prime added that the resolution could say that because of the willingness of the Corporation to have only one free standing sign that this would èe within our province to grant. Chairman did not feel that a sign such as this would be needed for identification. Mr. Swanson again mentioned that his group would agree to only one free-standing sign. Motion by Mr. Sicard, seconded by Mrs. Richardson RESOLVED that the Queensbury Zoning Board of Appeals approve Variance No. 797 as follows: 1. Sign is in keeping with new design concept of the Plaza. 2. Applicant will not use a free standing sign on Quaker Road. 3. NPSC Corp. will not have to conform and remove sign in 1986. Yes - Goetz, Griffin, Turner, Sicard, Richardson and Prime No. - Cornwell Approved. Variance No. 798 - NPSC Corp. Northway Plaza Route 9 Mr. Kafin explained the request to replace a pre-existing non- conforming free-standing sign with another nonconforming free- standing sign on the property. Chairman asked if there would be any other information on the sign itself. Mr. Swanson said no, just Northway Plaza. He explained that they still need a sign such as this. It will be the only free-standing sign with the words Northway Plaza on it. /7Y Page 4 Mr. Swanson said they plan to use the present foundation of the existing sign. Mr. Kafin added that the present plans are to reduce the existing pylon height by approximately four feet. The sign would be lighted but not as bright. The improved sign will be 32 feet in height and a variance is requested as the provision in the ordinance limits such signs to 25 feet in height. Chairman read the comments and approval from the Planning Board It was mentioned that the fact that it would have to be removed in 1986 should be contended with. The planning board recommended that it be excluded from the non-conforming 1986 removal. It should also be in this resolution. Motion by Mr. Cornwell, seconded by Mr. Turner, all voting affirmatively, RESOLVED that the Queensbury Zoning Board of Appeals approves Variance No. 798 to replace pre-existing non-conforming free standing sign with another non-conforming free standing sign as follows: 1. ~~eDe~~, bee~b~ches color concept of center. 2. Hardship due to terrain gìve~ owner chance to use existing sign base. 3. Height 32' - square footage approximately 300 sq. ft. Proposed drawing No.2, 5-9-82. 4. The sign is excluded from the non-conforming 1986 removal. Approved. Variance No. 799 - Frank K. Bronk Applehouse Lane West Mountain Park, Section II Represented by John VanDusen Mr. VanDusen explained the existing problem of the lots that cannot be sold because of their size and the 1 acre provision now in the Zoning law. Chairman asked if there was water to the area in question now. Mr. VanDusen said yes, there is Town water. He also explained the present drainage problem and that it is going to be taken care of. They are working with the Highway Department on it now. Mr. Prime brought up the fact that when this sub-division was previously approved all of the lots were of a size and with the new Zoning and the increasing of the size of the lots now that /75- Page 5 they cannot market them. Chairman asked if the Building Department would issue a building permit if this request was approved. Mr. Lynn said they would have to. Chairman then asked if the person who buys the lot would have to get a variance. Mr. Lynn then said the request here tonight is to grant a variance for all of the lots. Mrs. Goetz explained her position, that being that you should adhere to the new rules. Mr. Prime felt that not approving the Variance would create a hardship. The point is that they were acceptable lots in 1964 and a hardship has been shown already. mheimaebtn~rwa§:m~e~eàetondaà þybIDtc Griffin Ronald Ball, Lester Drive spoke mainly about easements. Elmer Fuller - His questionà did not pertain to the variance request before the board. Mrs. Frye, representing her son also had concern for lots in another area with the same problems but had nothing to say for or against this variance. Motion by Mr. Prime, seconded by Mr. Griffin RESOLVED that the Queensbury Zoning Board of Appeals approves Variance No. 799 on the grounds it is a pre-existing sub-division with lots of leas than one (1) acre and that it would be a hard- ship not to perm~t the developer to continue to sell the lots as designed and previously approved and it would not change the character of the neighborhood, and there is ~xœsting Town water to the lots. Yes -Griffin, Turner, Prime No -Goetz, Cornwell }jJu L~4..=bIr £nUiò Approved. Motion by Mr. Sicard, seconded by Mr. Griffin Resolved that the meeting a&gsern. Àt~ '~frl'~ ~~ ~