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1988-11-16 ~ ,-,,' QUBBIISBURY ZOBIBG BOARD OP AP,EALS Regular Meetingl Wednesday, November 16, 1988 at 7130 p.m. Present I Theodore Turner, Chairman Joyce Bggleston Daniel Griffin Jeffrey Kelley Susan Goetz, Secretary Michael Muller Charles o. Sicard Paul Dusek, Town Attorney (in Counsel's Office) Mary Jane F. Moeller, Stenographer Chairman Turner called the meeting to order at 7.30 p.m.. Minutes of October 19/26, 1988 will be discussed at the regular December meeting. OLD BUSIIIBSS ADA VARIAIICB RO. 1435 William J. Wilson The application is to construct a two-car garage with one it, attached to the existing structure, Lot 26, Michaels There will be no kitchen facilities or bathroom facilities. 7 ft. south-side setback in lieu of the required 10 ft. (a ft.) bedroom above Drive, SR-20. Requesting a variance of 3 William J. Wilson represented the application, which was Tabled at the October meeting because of no representation. Mr. Wilson confirmed that he had a two-car garage that was made into a sunroom, because the builder read the plans incorrectly and cars would not fit into the building. The proposal is to build the garage on the same side as the sunroom, and the storage shed will be taken down. The applicant is requesting to build within 7 feet of the property line. The lot is 100 feet across the front and goes back 437 feet, the proposed building is 22 ft wide x 22 ft. deep. The adjoining Lot 25 is also owned by Mr. Wilson and is 100 feet across the front, there is no present intent of selling the lot. Because of the deep lot there was thought to putting the garage in the back, but it would make a very long driveway, there is a 50 foot setback at present. On the back of the garage, there will be a single door, 9 ft. x 7 ft., there will be no driving over the septic tank. The existing house is 34 ft. wide x 22 ft. deep. Due to the angle of the property line, the width of the property at the front of the house is 105 ft. (100 ft. at the road), with a distance of 20 feet from the north property line of Lot 27. '.bIic ...riall no comment 1 "'-' --./ Correspondence I None. Mr. Wilson advised that there are two cars in the family and his inten- tion is to put both cars under cover. Mr. Kelley moved APPROVAL of Area Variance No. 1435, William J. Wilson. The applicant has shown practical difficulty in that he has a 100 ft. wide lot and family needs for the house have grown. He has enclosed the orig- inal two-car garage into a living area, and is adding on a 22 ft. x 28 ft. car garage on the south side to put two cars under cover. The applicant is asking for relief on the south side of three (3) feet, the Zoning Ordin- ance calls for a 10 foot setback. This is a minimal relief to satisfy the needs. The Short Environmental Assessment Form was reviewed and there is no negative impact. Seconded by Mr. Griffin. ...... U.ant.o..ly. NEW BUSIIIBSS AJtBA VUIAllCB 80. 1438 'eter Garvey, III PSM Auto Lease and Sales The applicant is requesting to maintain the existing canopy around the building located on the south side of Quaker Road, east of the car wash, LI-1A. A variance of 10 feet is being requested. At present, the canopy is set back 40 feet, in lieu of the required 50 feet. Peter Garvey represented the application and explained that, when the plans were put together and the diagram of the plot plans were shown, inadvertently the canopy was set back 40 feet instead of 50 feet, or 10 feet too close to the road. The canopy itself takes up 20 feet of space, it is not a wall building, but an extension. The building itself is 60 feet from the road, but the canopy is attached to the building. The steel that supports the canopy is tied into the side of the building, and does not go as high as the building. Mrs. Goetz stated that she talked to the Building Inspector, who said Mr. Garvey was informed of the problem before the canopy was erected, he was advised against construction of the canopy. Mr. Garvey commented that the actual canopy is not up, only the pilings and steel. Mrs. Goetz noted the April 27, 1988 minutes I 2 ~ ~ Page 5, -The building itself will be set back approximately 80 feet from Quaker Road.- Page 7, -Mr. Garvey confirmed that there would be no excessive repair noise that would affect the neighborhood. ~oday's society takes a bad part (of the cars) and puts a new part on, and that pounding is held to a minimum. The building. 80 feet from the road. is well insulated.- Mr. Garvey commented that he believed that the building itself is 80 feet from the road, but from the edge of the road there is a portion of area between the road and where the Garvey property actually starts (County right-of-way), there is 60 feet from the property line. Mr. Sicard expressed concern about the 40 feet, because of future expansion of Quaker Road. He also felt that the error could go back to the architect, H.F.H. Construction. Mr. Garvey explained that he became aware of this problem about 1 1/2 months ago, when the pilings were in and the steel was being erected. The reason the canopy is 20 feet wide is to protect the parked cars, so that they are not affected by the elements of weather, there is no canopy in the rear. To reduce the canopy in front to 10 feet would defeat the purpose of the structure, as it would not protect the cars sUfficiently. Mr. Garvey confirmed that the property line is 60 feet from the building proper and 40 feet from the canopy pilings, which extends just past the part of the ditch closest to the building. In addition to protecting cars from inclement weather, the canopy also would be used for parking repaired cars and those waiting for estimates. Regarding wrecked vehicles, those with a dent could be parked in front, however, heavy wrec~s would be parked out back. Mr. Garvey does not feel that the canopy would cut off or block any views, the cars themselves are no more than six feet tall. No cars would be sold at the location now or in the future. There would be approximately 30 cars parked along build- ing, employees would park in back. Mr. Kelley expressed his thought that the only alternative would be to change the shape of the overhang in the front - go to a 10 foot canopy with a different look and park the cars parallel. Mr. Garvey said he had considered the idea but, if the canopy were cut back, it would not work on the side canopy design and would eliminate its purpose. There is a front entrance for customers and the primary in/out door is at the back of the shop. There is an overhead door at the wash bay where cars are washed before/after painting, and another overhead door for access to the paint booth. The flow of cars goes through the wash bay, out under the canopy to avoid dirt and wetness, into the paint booth and the wash bay, the area is not ideal for parking cars, because of the constant automotive flow. At the back of the building, there is one overhead door and one employee door. Ten cars can be parked along the front of the building. Mr. Kelley also suggested eliminating the front canopy and putting it out back, how- ever, Mr. Garvey did not believe this would service his customers 3 ~ ---../ properly. If the customers had to park would have to walk to the front, which location and is the reason for the approximately 30 cars. under the canopy in the back, they is a problem at the current Garvey present canopy design for parking Mr. Garvey admitted to Mr. Griffin that he does not have a good evalua- tion, if the application is turned down. Further, he said no one in the Building Department picked up the mistake, it was the bank's lawyer who noticed the error. Although, he was told about the problem a month ago, he did not think it was a major problem. Public .earia,. no comment Correspondence. Richard E. Jones, Architect, on behalf of the owners of the Mazda Building to be constructed east of the site, requested Denial of the Variance (Exhibit A). Warren County Planning Board approved. Ms. York's Staff comments were read (Exhibit B). Mr. Kelley summarized that a major problem of this application with the Board is the close proximity to Quaker Road. It would be difficult to request that the applicant move the building, however, he referred to the Zoning Ordinance Article 10, Section 10.040 A.I ·...and no such variance shall be valid unless all of the following circumstances are so found...· · That the strict application of said dimensional requirements would result in a specified practical difficulty to the applicant,· There is a some- what practical difficulty in that 10 feet would have to be taken off and/- or the front redesigned. However, the problem is that Mr. Garvey had the lot, a qualified architect and a competent builder, he questioned if Mr. Garvey had a recourse to go back to those responsible for the building. Mr. Kelley did express his feelings that there are some reasonable altern- atives, such as cutting the canopy back to 10 feet or installing it in the rear of the building. The Zoning Board of Appeals agreed to TABLE, with agreement of the applicant, Area Variance No. 1430, Peter Garvey, III for one month, so that further information could be received from the architect. ADA VUnJlCB RO. 1439 ADA VUIAIICB RO. 1440 Green's Appliances The applicant is to convert the existing building from two retail stores to one office and two retail stores, 682 Upper Glen Street, PC-1A. One store will include approximately 2,200 sq. ft. of warehouse space. A variance is necessary for the number of parking spaces and for the size of parking spaces. 4 '-' .....-/ Mr. Thomas Green represented the application. A letter from Christopher J. LaCriox of C.J.L. Design Services was read into the record (Exhibit C). Mr. Green reviewed that all of the land available for the parking spaces has been used, however, there is not enough land. The Town Planning Board suggested a drawing with parking on both sides, but fewer in number. Both drawings were presented at this meeting, 1) with 32 park- ing spaces, 9 ft. x 18 ft.: and 2) with 28 spaces, 10 ft. x 20 ft.. On the plan with 32 spaces, the Exit road measures only 16 feet wide, instead of the required 20 ft. However, the 20 ft. width is used when there is perpendicular parking, on 45· angle parking, architectural graphic stand- ards maintain 16 feet is sufficient. On the drawing with 28 spaces, the Exit road was designed as 20 feet wide, but there is less than the required number of spaces. Greenery has replaced three or four parking spaces. Mr. Green confirmed to Mrs. Goetz that two retail stores will be for appliances and, most likely, a paint store, the third store probably will be retail. Mr. Green's appliance store will be 4600 sq. ft. of showroom per se, so over half the space will be the appliance store, 4 or 5 people at one time is pretty high traffic. There was a discussion about the third store, as to whether or not it would be retail and what traffic it might bring. Previously, owners of the building were a bus garage, Ship 'N Shore and a tobacco wholesale, the use of the lot has changed over the years. Presently, all of the parking is on the westerly side of the building, and there will be a walkway to the front of the building, where there will be a door leading to a vestibule for two retail locations and a second door for the third retail location. Some type of buffering will be put up to separate the site from Dunkin' Donuts. There is a door in the rear, which acts as a fire escape. On the easterly side of the building there is space about 12 ft. to 14 ft. wide for a loading area, it will be the warehouse door. The Green's Appliance delivery trucks will be back into that area for loa~ing/unloading. A warehouse door could be connected from the present Appliance warehouse to the third retail store warehouse. Mr. Muller reviewed the application in that the request is to convert the existing building into three retail stores. At one time there were three stores in front and one in back. There is no increase in the size of the building. The problem is that the pre-existing lot is too small for multiple retail uses, however, the applicant has worked out the prob- lem and designed parking for 28 vehicles. Mr. Green would prefer to park cars on a straight line, as this would not only look better, but would eliminate the 16 foot access, which might be a problem for trucks. The driveway will remain graveled because of permeability. Signage for the pole sign stating sign on the front shape, color, etc. plaza was discussed. Mr. Green said there will be one the name of the plaza and each store will have a wall of the facade. The signs will be conforming to size, 5 ~ ~ Pu~lic .eariag. opposed. Abe Rudnick. 711 Green Street, Glens Falls Mr. Rudnick discussed his letter (Exhibit D), expressing his concern regarding the large trucks, which used the large doors on Foster Avenue and blocked the street. This is a detriment to the flow of traffic on Foster Avenue. He requested that delivery of freight be on the north side of the building. The Board felt this would be impossible because of the appliance store. Mrs. Goetz recommended a stipulation of no vehicle park- ing on the Foster Avenue side of the building. Mr. Green stated that there is no tractor/trailer manufactured today that cannot make a three- point turn in front of the fire department. The biggest tractor/trailer might have to make three, four or five jogs, but it can be done. David Hatin, Building Department, advised Mr. Green that he has no problem with the trucks using the fire department driveway for a turnaround, Mr. Hatin also had this confirmed by the Fire Department Chief. Mr. Green also advised that the trucks arrive at 7.30 a.m. - 8.00 a.m., no later. Mr. Green verified that the propane gas tank will be removed. Pu~lic ...riag Clo..d Correspondence. Mrs. Goetz read Mr. Rudnick's letter. Warren County Planning Board (Exhibit E) and Mrs. York's Staff comments (Exhibit F). Mr. Muller moved APPROVAL of Area Variance No. 1439 and Area Variance No. 1440, Green's Appliances. The applicant has demonstrated practical difficulty in that the building has had prior, multiple, existing retail uses that should be continued. As far as the proposed parking plan is concerned the requirements would be. 28 straight-line spaces, not on a diagonal, with 20-foot wide pathways or roadways between them, the parking spaces would be 10 ft. x 20 ft., an appropriate barrier be placed between the Green property line and the Dunkin' Donut property line, perhaps the Queensbury Beautification Committee should be consulted, the easterly side of the building (Foster Avenue) be restricted from employee parking and a -NO PARKING- sign be placed on the building, so that the clients are aware of that fact. The applicant has submitted the Short Environmental Assessment Form and the Board has found no negative impacts. Seconded by Mr. Turner. Pa.... Vaanimo..ly 6 --- --./ ADA VAJtIAIICB 110. 14<11 E. Marie Broe The request is for a single family mobile home, to replace the existing house at less than the required front setback (24 ft. setback in lieu of the required 30 ft. setback), at the southern end of New Hampshire Avenue on the east side, last 60 foot lot, MR-S. Christopher DeShaw (son-in-law of the applicant) represented the appli- cation. Mr. DeShaw confirmed that the request is for relief of six feet from the road. The trailer is 60 feet long, there is a neWi double-wide modular home across the street. Mr. DeShaw advised the Board that the cost for maintaining the present residence is too expensive, and he feels that the mobile home will be an improvement to the neighborhood. Mrs. Broe noted that a neighbor, Mr. Dresser, thought the new home would be an improvement. Public .earia,. no comment Correspondence. Letter of approval from Mr./Mrs. Donald Fisk, 296 New Hampshire Avenue (on file). Mr. Griffin moved APPROVAL of Area Variance No. 1441, E. Marie Broe. The request is reasonable for a minimum relief of six feet for a 24 foot setback in lieu of 30 feet. The structure is smaller and will improve the appearance of the area. The practical difficulty is the width and size of the lot. Seconded by Ms. Eggleston. pas.ed vaant.ou.ly ADA VARIAIICB RO. 1442 Debbie and Steven Scheibel The application is for a request to build a single family residence for personal use on the lot off of Route 9L, LR-3A. The house will be built in accordance with the original plans. The property is currently a vacant building lot in the Behrens, Durante, and Riffe Subdivision. It was approved by the Planning Board in 1969 and revised in 1976. Steven Scheibel represented the application and advised the Board that he was aware of a septic setback problem that would have to be worked through with the Town Health Inspector and engineers. He expressed his feelings that the Variance can be approved because it was included in the 7 ~ ~ original subdivision plan in 1969 and approved again by the Planning Board in 1976. Identification of the site is Lot No. 4 and, when the parcel was initially approved, the owners felt it would be something they could build on. The lot exceeded the 75 ft. x 100 ft. requirements for buildings at that time, there is over 225 feet of frontage on the lake. Taxes have been assessed as a building lot - in 1987 it was over $200,000. The appli- cants are concerned about the lake and would be willing to have either a pump-out situation or whatever situation would be safely required to have a septic that would not leach. A setback approval for the house is re- quired before meeting with the Health Inspector. Mr. Scheibel confirmed to Mrs. Goetz that, to his knowledge, presently no one is clearing the property with a bulldozer. There was further discussion regarding this subject at the dais with John Durante, Mr. Scheibel's father-in-law and partner of the subdivision. The proposal for the residence is 30 feet from to the shoreline at the northeasterly corner and 40 feet on the southeasterly corner. The OWners, Debaron, Inc., are Mr. Scheibel's sister-in-law and brother- in-law. The property has been in the ownership since 1974, and the asso- ciation consists of Mr. Scheibel's brother-in-law, sister-in-law and Mr. Scheibel and his wife. The history of the property is that it was origin- ally purchased by Mr. Scheibel's father-in-law, John Durante, and it was bequeathed to the family in 1974. Lot '4 is a distinct and separate owner- ship from the land due south, Dark Bay Association, which is owned by the entire subdivision. Lot '4 would be able to use that land. Lots'S, 6 and 7 would be allowed to use the dock on Lot 4. Lots 6, 7, 9, 8, 11, 12, 13, and 14 all share in equal interest in the community lands of Dark Bay Association. Lot '3 enjoys the right to use the stairway to the dock on Lot '4. There is a right-of-way to the Boathouse used by the Dark Bay Association. John Durante. Mr. Durante (subdivision co-owner of lands under the name of John Behrens, John J. Durante and Lee Riffe [deceased]) clarified that the boathouse was removed IS years ago, it was never removed from the plan it is now a dock. Lot '3 is Mr. Durante's house (in his wife's name) and there is access to the dock on Lot '4. The site is a subdivi- sion which was approved with 21 lots, only 15 were established. Since then lots have been doubled into one-acre lots and some have been sold. Mr. Durante is trying to combine two more lots and, if that is done, there will be four (4) one-acre lots, instead of eight (8) half-acre lots. In arranging the lots, the owners agreed to realign the lots so that his son (Robert) would have an acre (Lots '8 and '11), and the owner of that land has a common right with whomever might own Lot '4 to use the dock where there used to be a boathouse. That would be the only lot with a right to use the dock. There are no other lots that have a common right with Lot '4. Lot '4 is bounded by Lot '3 (Helen Durante), Lot '7 (Robert and patricia Foulke) and Dark Bay Association to the south, which is a common ownership, but has no common ownership with Lot '4. 8 '-.. -./ Mrs. Goetz noted a correction to the application on Page 1, '7. The Zone Classification should be Waterfront 3A, not LR3A. Mr. Muller continued his review that a Variance is needed for setbacks, in addition to the fact that the site is not on a Town road (the private road is maintained by the sUbdivision). The size of the house would be 22 ft. x 40 ft. Mr. Scheibel stated that the first arm of the septic system was originally shown to be 70 feet from the lake, however, Mr. Durante cor- rected that to be 88 feet at the steepest point. There is a wedge-shaped piece of land (southerly line of Lot '4) that measures 25 feet and was given to the Dark Bay Association. Mr. Muller again stated that Lot '4 is a pre-existing, non-conforming, building lot that is not on a Town road and there is no ownership of contiguous land. The practical difficulty is that the owners cannot buy neighboring land to make the parcel bigger. Mr. Kelley requested clarification of the wedge-shaped piece of land on at the southerly boundary line that houses six tanks, pumps and chlorin- ators. He asked if there had, at one time, been a plan for a common pump- ing station, that did not take place. Correspondence. Mrs. York's Staff comments (Exhibit G) were read. In answer to Mrs. York's comments, Mr. Scheibel again reiterated that he is seeking approval of the Variance, subject to the approval of the septic by the Health Department. Mr. Durante stated that Mrs. York looked at the wrong lot. The lot in question is a perfect lot for building, with a three-foot slope. No fill will be removed or brought in, there is no rock on the lot. Regarding the surrounding neighborhood, the three-acre limitation was imposed after the houses were built. Above Dark Bay, all the houses are under the old Ordin- ance. Public Hearing. Nancy Hyman. owners of Lot '2. Mrs. Hyman mentioned her letter to the Board (Exhibit H) and is con- cerned that the lot is steep, shallow and has had fill brought in. Also half of the lot has been used for 15 years by Lot '3, there is a small house (changing shed) near the water and an entranceway for access to the dock where the boat is kept. Public Hearing. opposed. Beverly Wintery. Lot '9. Mrs. Wintery agrees with Mrs. Hyman and that the lot is too close to the lake to be considered as a building lot, she could not understand how any septic system could be put on the lot without discharging into the lake. 9 "'--' -/ Susan Weber. Mother has owned the house around the corner since 1960. Mrs. Weber feels that the character of the surrounding lands are more in keeping with the three-acre standard, rather than a 1/3 acre. Although properties have existed for a long time, many of them are at least one acre or more. Mrs. Weber stated that Mr. Durante and partners have built very nice houses on the other side from Dark Bay area. They have l~rge lots in comparison to the proposed lot. Mrs. Weber also mentioned that almost every house in the area is set quite far back from the lake, those that are not far back are not near the Dark Bay area. She is most con- cerned about the changing character of the neighborhood by adding a house 30 feet from the water. She confirmed that the lot is very steep, fill has been brought in and a building was built by the water. Again, there is concern about the septic system. Mrs. Weber also stated that the Durante's have been using the lot. She does not believe that the usefulness of the lot would be taken away by denying the variance. It has been used consistently since the Durante's built their house, if not before. Mrs. Weber requested Denial of the variance. Mr. Durante stated that Nancy Hyman's house is set back 30 feet, and that Ms. Weber does not live in the neighborhood. He noted that the houses that were discussed are close to the lake and conform to the old Zoning. there was fill put on the lot and it was a culmination of John Behrens building a garage and John Mason blasting, it has nothing to do with the construction of the house. Some of the fill put on the lot will be used for filling in around the proposed house. Public Bearing Claaed Correspondence. was denied because letter from James (Exhibit I). Warren County Planning Board disapproved. -Application of the terrain and the setbacks.- Mrs. Goetz read a Barrett, neighbor and member Dark Bay Association In answer to some of the above comments, Mr. Scheibel noted that it is not his father-in-law who would own the property or build the house, as Mr. Barrett congestures. The lot is not significantly smaller than the other lots. The topographical map shows that the area cited for the house is essentially flat. In answer to Mr. Kelly, Mr. Durante stated that, when the developers subdivided the land, each partner would have a lot, in addition to another lot directly behind. Mr. John Durante's lots are '3 and '8. Lot '4 was in the name of Behrens, Durante and Riffe, and the John Durante's use the steps to go to the dock. Mr. Durante said that, in the transfer of lots, the lot went to his children, who have had the lot for about 15 years, before the Adirondack Park Agency change in zoning. Mr./Mrs. Scheibel 10 '-' -/ have not purchased the lot, they have an agreement subject to an approval to build. He said that the lot is not worth paying the assessed value to his brother- and sister-in-law if the land is not buildable. Prior to this meeting, Mr. Scheibel had not answered the Environmental Assessment Form, therefore, Mr. Muller read each question and Mr. Scheibel had no positive answers. Mr. Turner recommended to the Board that the application be sent to the Planning Board. Mr. Muller said he would have no objection, if the Zoning Board could give the Planning Board a few specific items to consider such as the septic situation, inclining land that rises 20 feet over a distance of 70 to 90 feet of land, the problem of runoff, the fact that the house is 30 to 40 feet off the lakeshore, environmental factors and the house layout. Mr. Kelley noted that the Board does not know what is being con- sidered as no house plans have been prepared, the location of the garage has not been shown, there is no parking diagram, and percentage of perme- ability is unknown. Mr. Turner moved to TABLE Area Variance No. 1442, Debbie and Steven Scheibel, so that the applicants can be referred to the Town Planning Board. The Zoning Board of Appeals requests that the Planning Board make recommendations regarding the property's runoff, septic situation, water, visual impact and slopes. These recommendations will allow the Zoning Board to address the setback questions. The applicant is also being re- quested to submit in writing answers to the Short Environmental Assessment Form. The Zoning vide spec if ic Board. Board is also requesting that the Planning Department pro- directions to this site for the Queensbury Town Planning Seconded by Mrs. Goetz. pasa" Unant.o..ly ADA VAJUAJICB 110. 1443 A-Plus Mini Market Atlantic Refining ¡ Marketing The application is to maintain an existing canopy at 52 Aviation Road, HC-IA. The applicant requests a variance of less than 15 feet from the front property line, although the distance from the actual street line is approximately 50 feet. Representing Marketing for the applicant was Atlantic Refining, Peter Sipperly, Agent, John Keith, and Blanch Green, Site Manager. Mr. 11 '- ...-- Turner was informed that the applicant's lawsuit of Atlantic Refining and Marketing Corp. vs. Meadow Run Development Corp. and Highway Hosts, Inc. is still in litigation. Mr. Sipperly reviewed some background and noted that Atlantic Refining and Marketing purchased the land from Atlantic Richfield Corporation, two separate entities. At the time of purchase, there was no indication in the documentation that in 1968 the Dept. of Transportation appropriated approximately 15 feet of land between the Atlantic Richfield property line and Aviation Road. The discovery did not take place until Atlantic Refining was to appropriate the land to the Town of Queensbury for the sewerage that was to cross the property. The site still exists approximately 50 feet from Aviation Road, which is the required setback, although, only 35.6 feet of the Atlantic Market- ing and Refining property. In terms of practical difficulty, the gasoline pumps have existed since the 1960's. The canopy is 13 ft. 6 in. above the grade, there is a 30 inch rise on the canopy, it is not deep and is well above the street line. The only way to cover the gasoline pumps, if the present setback is to be maintained, would be to remove the gasoline pumps. There is no place on the lot to which the pumps can be moved, and it would be a major expense to the company. In addition, the building and septic system would have to be backed up. The property is surrounded by other commercial uses and it is felt that no negative impact would be created. To the west of the Northway, there is a canopy less than 30 feet from the roadway, there is a canopy at Howard Johnson's and at the motel across the street from the site. P8~lic ...ria'l opposed Wayne Judge, Esq.. Bartlett, Pontiff, Stewart, Rhodes & Judge. Mr. Judge is present on behalf of Highway Host, Inc. and himself, as a citizen of Queensbury. Mr. Judge presented to the Board legal documents that he feels demonstrate no practical difficulty (Exhibit J). AGREEMENT. Liber 466 pa$Je 465, dated 3/28/66, (Exhibit J-a) was recorded in the Warren County Clerk's Office and was a matter of public record at the time of property purchase. Page 2 states ·A. No hotel, motel, restaurant, cafeteria or delicatessen store shall be erected, maintained or operated thereon.· ·B. Any building or other structure erected theron shall have its front wall parallel with, and not closer than eighty (80) feet to the ... right-of-way. .... Page 3. ·D. The exterior of motor vehicle service stations and buildings for the sale of petroleum products shall be constructed only of brick and stone, and shall be of colonial design.· Mr. Judge continued that in 1976 the colonial design of the building was changed to a modern gas station design, in addition, an application was made for a canopy building permit. Two pieces of property are covered by the AGREEMENT. the subject gas station and that gas station next door, which has no canopy. TEMPORARY INJUNCTION, dated 1011177, (Exhibit J-b), signed by Judge 12 '-' -.-/ Crangle restrained the owners, Atlantic Richfield, from constructing the canopy. STIPULATION DISCONTINUING ACTION, dated 5/15/78, (Exhibit J-c). Mr. Judge summarized the stipulations. If the owners are allowed to sell sandwiches on the premises, conduct a grocery store and agree that the building can remain as is, they (the owners) in turn would not erect a canopy. Further, Mr. Judge stated the the applicants claimed they knew nothing of the documents (Exhibits Ja - c). Under company laws and ·due dili- gence,· buyers are obligated to request other judgements, contracts, restrictions and agreements that are outstanding that restrict the title or property. Mr. Judge claims that the applicants did not research the above-mentioned documents, the canopy was subsequently built, without Site Plan Review and compliance with the Town Zoning Ordinance. Mr. Judge also expressed his feelings that the applicant has done noth- ing to improve the beautification of the site, which is ·one of the major entrances to Queensbury.· He urgently requested Denial of the Variance. Mr. Sipperly remarked that, contrary to Mr. JUdge's statements, no demonstration of hardship need be shown. The matter is in litigation and the issues raised by Mr. Judge are issues that are in the process of being litigated. In addition, Atlantic Refining and Marketing had obtained title insurance on the property and part of the litigation involves the title, therefore, there was due diligence on the part of Atlantic Refining and Marketing. The prior owner was Atlantic Richfield Corporation, who withdrew from the east coast of the United States, they sold all of the properties. When the property was sold, a title company did title work on the property, issued a title insurance policy, but did not state that there were any restrictions on the property. Because of those findings, Atlantic Refining , Marketing went forward, present Queensbury Tax Maps are not up to date in that they indicate the Atlantic Refining sideyard as 213.64 feet, that was the size of the property before the D.O.T. taking. Regarding the Building Permit, Mr. Judge claimed that it was invalid because there was no Site Plan Review, the Building Permit was issued by mistake. No Certificate of Occupancy covering the canopy was issued. John Keith. Atlantic Refining Company. Mr. Keith stated that he worked for ARCO for 27 years prior to its withdrawal, but had not worked in the upstate region. He had been given the responsibility to make application for the canopy at this particular Mini-Market. Mr. Keither secured Site Plan that WBS in the file and asked the Town officials what had to be done. The officials said they would review it, Mr. Keith discussed it with the Building Inspector, the Fire Marshal and those persons respons- ible for the necessary approvals. In turn, the project was turned over to an engineer. Mr. Keith verified that he has never made a false applica- tion. 13 ~ ........,' As far as the character of the neighborhood is concerned, Mr. Keith said it is not unusual to see a canopy. In his estimation, the 50 foot setback existed, it Met the Town code, and that is why he made out the application and the permit was granted. People use the canopy 24 hours a day, residents as well as commuters. In addition, the canopy provides for a safer operation in terms of fire suppression, lighting is diff~sed into the area and provides protection in inclement weather. Mr. Sipperly informed Mr. Muller that a survey map was used when the plans were submitted for the Building permit, which was obtained from Atlantic Richfield when the property was sold. Mr. Muller reviewed with the Board three options available. 1) Approve the variance for 15 feet. This should not be done, because there is a signed contract saying it will not be done. 2) Table and wait for the Court to resolve the matter, this would not set a precedent, because another applicant, Elaina Bissell, was Tabled pending a Court hearing. 3) Deny the application, noting that the application is materially detri- mental to the adjoining property and the fact that a contract does not allow the canopy. Correspondence. Warren County approved. Mr. Judge advised that the matter is due in Supreme Court Friday, November 18, 1988. Therefore, Mr. Slippery requested that the application be Tabled until the next meeting. Mr. Muller moved to TABLE Area Variance No. 1443, A-Plus Mini Market, for one month at the applicant's request, pending the applicant's appear- ance on November 18, 1988 before the Supreme Court. Seconded by Mr. Turner. pas.ed UaaaiMo..ly Mr. Turner requested that the applicant advise the Planning Department of the outcome of the Supreme Court appearance. USB VARIARCB RO. 1444 Karolyn Smith The application is to maintain the existing single family dwelling, Hillman Road, Cleverdale, WR-1A. 14 '-' ~ Dennis McPhillips, Esq., represented the application, who introduced Ms. Smith and James Ingalls, property owner. Mr. McPhillips stated that the application is not for a Use Variance, but for an Area Variance, there- fore, he requested to amend the Area Variance. Staff comments from Mrs. York were that Mrs. Smith should have applied for two Area Variances, one for the lot size and one for a setback from Lake George. Mr. Dusek explained to the Board that the notice advised the neighbors and general public that there was a use involved, iea whether the residence was allowed in the area. The issue of area was something of whic~ the neighbors and general public were not notified. Since the hearing requirements stand as an important matter under the Town Law, Mr. Dusek recommended that the matter be readvertised. Mr. Muller felt that, although there may be a need for an Area Vari- ance, there is an argument to be made in that this is a Use Variance any- way, because it is an expansion of a pre-existing, nonconforming use. The nonconforming use is that there are two houses on one lot and it is pre- existing. This is one lot by operation of the Zoning Ordinance and, if it is, there is a use that is not consistent with the Zoning Ordinance, in that there are two, single-family dwellings on one lot. The applican~ is asking for permission to make a change, tearing down an existing house and replacing it with a larger house. Mr. McPhillips referred to the Zoning Ordinance, Article 8.010 and Article 9.015 regarding exemptions to minimum lot area requirements and the alteration, enlargement and extension of structures (Exhibit K). Mr. McPhillips advised that, when he came to the meeting, he was looking for a) an Interpretation as to whether or not a Variance was needed, and b) if a Variance was needed, he would be looking at an Area Variance. Regarding Section 8.010 General Exception to Minimum Lot Area Require- mentsa Mr. Muller explained that there were two separate lots prior to March 1987, when that deed was recorded, there were two undersized parcels going into common ownership, Lots A & B, and two separate deeds. No Vari- ance would be required, provided that, as of the date of the new Ordin- ance, an undersized lot does not join other lots in the same ownership, these two lots did. Summarizing, there are two lots in the same ownership that shall be treated together as one lot. Mr. McPhillips added that, at the time the lots were created and built on, there was no requirement for subdivisions to be approved and filed. Mr. Muller felt this was never a part of an approved, filed subdivision, they were lots created at some earlier date. In this zone there is a use with one lot, which is a noncon- forming, pre-existing use of two dwellings. Changes can be made, but must be done by Variance. Mr. McPhillips stressed that the applicants do not want a new lot, they want to preserve the status quo in terms of what can be done. After that is ..termined, then the next step can be taken regarding a variance in terms of the Ordinance. The intention is to demerge the lots. 15 --- -- Mrs. Goetz moved to TABLE Use Variance No. 1444, Karolyn Smith. Mr. Dusek rendered a legal opinion that the application should be readvertised as an Area Variance, as the Use Variance OQ¡Y was filled out. An Area Variance is needed additionally. ' " Seconded by Mr. Turner. Passed 6 Yes (Turner, Sicard, Goetz, Griffin, Eggleston, Kelley) I Absent (Muller - for vote only) ~ VAJtIUCB RO. 1445 Story town, U.S.A., Inc. d/b/a The Great Escape The application is for the BAVARIAN PALACE to realign the parking on one level for the banquet facility. Realignment of the parking area will require the creation of banks with grades in excess of 30 percent, similar to the other grades in the area. Wayne Judge, Esq., represented the application and reviewed the growth of Story town over the next few years. The camping resort and one access will be eliminated from Round Pond Road. Under the new plan, the entrance to an approved Water Theme Park, which has not yet been approved, will be opposite the Red Coach area. There will be additional parking around the margin of the property. The only parking involved on Round Pond Road will be for the Bavarian Palace. Under the recent Site Plan approval, parking for the Bavarian House was going to be on two levels, one at ground level and one at the top of an adjoining level. A stairway was planned to connect the upper level to the Bavarian Palace. Under the application to amend the Site Plan, the pro- posal is to eliminate one entrance from Round Pond Road and, in its place, put a berm about six feet high, it would be planted with crown vetch. The entire bank, which would be in excess of 30t, would be moved back eighty (80) feet, and application is pending before the Department of Environ- mental Conservation. Plantings would be added along the road to shield cars from sight. Mr. Judge explained that the purpose of these changes is to alleviate many of the concerns raised at the time of the Site Plan Review for the Bavarian Palace. namely, adding back the berm would restore the character of Round Pond Road, safety of the pedestrians is solved by having all park- ing on one level, accesses off Round Pond Road will be reduced. The practical difficulty is that, the present grades being what they are, parking cannot be on one level. Pu.blic ØeariDg. 16 .,--, '--" Betty Dayton. lives across the street Mrs. Dayton had no objection to the application, but wanted some infor- mation regarding how Mr. Passarelli was going to change the road and what effect it would have on the area. Mr. Judge had no answer. Correspondence. Warren County Planning Board approved. Staff comments from Mrs. York were read (Exhibit L), which discussed the slopes and practical difficulty. Mr. Griffin moved APPROVAL of Area Variance No. 1445, Story town, U.S.A., Inc., d/b/a The Great Escape. The application demonstrated prac- tical difficulty in that it is the configuration of the lot preventing putting the parking all on one level. There are no other feasible altern- atives. The change will help restore rural character to that area, park- ing will be all on one level, there will be elimination of one entrance, and banks will be stabilized with crown vetch. There is no adverse affect on the area, it is an improvement. PaaS8« 6 (Turner, Sicard, Goetz, Griffin, Eggleston, ~elley) 1 Abstain (Muller - not present) Chairman Turner adjourned the meeting at 11.45 p.m. q¡12f\¿~·~_ Theodore Turner, Chairman Date /d(·).fY Date 17 ~ row., (Jf ;J&ìtJlöws~~,. NOV1579B8't PLANNING DEPART~:~:'NG ¡....~ r r ! t n I;":!' ... ~. w,i U l3 \ ¡,: RICHARD E. \ NES ASSOCIATES '"--" ARCHITECTS . INTERIOR DESIGNERS 119 AVIATION ROAD GLENS FALLS, NY 12801 (518) 793-1015 November 14, 1988 Zoning Board of Appeals Town of Queensbury Office Building Bay at Haviland Road Queensbury, NY 12804 Att: Mrs. Lee A. York, Senior Planner Re: PSM Auto Lease & Sales, Area Variance 11438 Dear Mrs. York: This letter is written at the request of our client, P.M.H. Limited Partnership, who are constructing the new Mazda sales and service building to the east of the PSM site. The new Mazda building is to be constructed this fall. The setbacks for the building are in conformance with the zoning requirements. Our client has several concerns regarding the proposed variance for PSM. The reduced front yard setback for PSM would limit visibility for the Mazda building from the western approach on Quaker Road. As you are aware, visibility is an extremely important factor for an auto dealership. If the setback were allowed, the Zoning Board could be setting a precedent which would allow others to be closer to the street line. With Quaker Road scheduled for widening, this would seem to be a potentially hazardous precedent. PSM has had the opportunity to locate their building with proper setbacks. They have adequate site depth for the building and intended use of the site. The hardship asked by PSM is self imposed and we therefore urge the Zoning Board to deny this variance. Sincerely, ,I?J. ~ [ 9:'~ Richard E. Jones, A.I.A. ¡, cc: P.M.H. Limited Partnership ¡;; 'Xtf //3/7 f} . "---' Jown 01 Queenjbul''r! '--" .':,/ -.;¡ J..., J" --..~" \......;. .'~ ': I ,... Ijl .~ j. '.. I :-."1 .;.." ¿, .'..1 '.. .; J ~ ....------'Ii . ,.,;:u - ~-. -N OTE TO PILE- ro/~ iATE Planning and Zoning Department Application Number: \ \ \ .1), ((r , Applicant/Project Name: T~ -,"2,,-, \. (", (& '( \J .? 0. \""[., ""?<.:) ((\ '(..1. i ¡ l_() .-, ., '~~L~ .. I .. . .-......:; , ~\ . r , 't'"' t'" \ ) \ l..: '; '"'~', -\\'l ' '¡\ r"" \ ,. I,' (I . t( . \ \.\ , , 1-"1 ""\ -i : i. ,-- ( > ; , \-. r:'r ~ (, , ~ e (~J, ~ \ì'\ .~ -:\' " )'; '\ (X '\(1(/) I .-...' .'. . .4. 'r 1.- "~ J. " I" \ ~ \. \1'1 \ \ 1\ "- BAY AT HAVilAND ROAD QUEENSBURY. NEW YORK, 12801 TELEPHONE: (SI8) 792-5832 SETTLED 1763... HOMe OF NATURAL ßfAUTY.., A GOOD PLACE TO LIVE ¡;¿'f.H-¡I3¡ T ß f /~~ DESIGN SERVICES -~~'~';>""<~~¡¥'4!';~'.1~;,'~~;:;'~.~ .~~~,~¡:.ii\,'J\:Jt'I!IIG:I~-- v.~',~'.\1,'!f'~"~a.. II~_~ - 58 HELEN STREET LAKE GEORGE, NEW YORK 12845 --../ (518) 668-2055 'n 0 'QO c tober '.), 1. ')8 Tm.¡n of (')ueenshurv 70ni nr'f Ròard ' ~ay at Hëwiland Rd. Qu~ensbury, ~y 128')1 ~/e \'/ould 1 ike to get a variance on t"'e Su",plemø.ntal R~q"lation, Qrticle 7.072 (nff Street Parking Schedule) 0' the zoning ordinances. This regulation required 5.5 parkinq spaces per l~no sq. ft. of commercial use, an'" 1 pat"king space per If100 sq. 't. of Nðre'1ouse us~. !:'elow are the fiqures used to calculate t"e total num':H~r of !"ar(ing spaces reql/ire':! hy this regll1ation for tt,is building: Total sq.ft. of building= Total interior sq.ft. of building= ~pprox. sq.ft. of commercial space= ^nprox. 5q.ft. of warehouse space= 11,1tr10 ll,,)l$J 8,31ß 2,200 5.5 = x = 49 soCtces - cOMMercial use H)on 8,818 1 = x = 3 spaces - Narehouse use loon 2,20n 52 SMces - renuired "'v re",,1ation The reason we request a variance is that. there is no 'ea«;ahle way t"at ,.,re can design a piirldnr¡ lot to fit the re(1uirod """,,her of spacr.s. There is no desi~n for t.,is plH'ldnr¡ i!rea that \oIOul,., al10'" 'or 52 parkin" ~paces wit., t~e size of t'1e existin" hui'~in~ ~nrl 1ot. Tn the design of the parking lot, the diagonal 1~yout on the site plan allows for the most efficient ~mount of parkino s"~ces in the given area. The m~xiMuM of 12 spaces is the hest att~inab'e with Qo~d traf~ic f'low. In revie," of' the parkin" design it "'as esti!"1ated that' t"~ iiMOtll1t or employees soaces required '4ould he approximately 11. ~poroximating customer flow with the types of businesses involved 19 parldng spaces should he more than adequate for our needs. Sincerelv, ~íf ~ ~~ r.hristopher J. Lar.riox ~.J.l. Design ~ervicps ¡¿ Y/-I-/~ IT e. "--" ~ Marvin L. Rudnick 711 Glen Street Glens Falls, NY 12801 October 28, 1988 Lee York - Senior Planner Dept. of Planning and Zon1ng Town of Queensbury Bay and Haviland Roads Queensbury, NY 12804 HE: Green's Appl1ances Zon1ng Variance Hearing November 16, 1988 r f, Œ r frt :][,' í!1i ~1 I fLiL. Ii..:,U( I Dear Ms. York; It is our understand1ng that a zoning variance has been requested by Green's Appliances for property located on the North West corner of Glen Street and Foster Avenue in the Town of Queensbury. I would like to be on notice before the Zoning Board of Appeals that before any approval be made on Green's request, that the Board weigh a problem with the subject building that has co'ncerned neighbors for many years. On its South side the bUilding maintains an overhead door wltr-. access alI'ectly from Foster Avenue. For years while large trucks used the door for deliveries traffic was blocked on Foster Avenue. The blockage is a direct result of the proximity of the I overhead door to the road which is short, between 8 - 10 feet, and in Violation of todays commercial set back lines. Twenty years ago when Foster Avenue was a short street with few residents, the blockage was annoying but not of substantial concern. Today, with a graater residential population using Foster Avenue, it would be safer and aid the flow of traffic into an already conjested Glen Street if the new users of the bUilding be required to receive their freight on the North side of the build- ing where they have a large parking area and ample room for frequent deliverle'. The movement of the door would also preclude motorist from driving on private property to circumvent the trucks. Thus we request that the Zoning Board of Appeals consider this purposed change in the overhead door as a prerequisite before granting a zoning variance on the bu11ding. Yours truly, ~X:~/cr Marvin L. Rudnick Im/ ct c.c. Richard Roberts , ¡ I I 1/ __ ...........""""',,; , '·!'S,~.i'~"':'j"·O·4,"::~J)f..<.~_\l!f'p,.:!p·J;,1!f§tœ1I1111'M!11:J1l·_~':' "':·;·"'~,"_'~''';:{''.·Ä·,::,.c·.L'''"j;'''''''"",·,¡:.,~'·" ¡¿ y#¡@ '7 è> --- ..J WARREN COUNTY PLANNING BOARD Warren County Municipal Center Lake George, New York 12845 Telephone 518·761·6410 DATE: NovE!mher 10, 1 qRR RE: r.rppn'q App'i~n~pq . . TO: Queensbury Planning & Zoning Office Town Office Bldg. Bay & Haviland Roads Gentlem~~~~~~' NY 12804 QBY v- 1419 & 1440 At a meeting of the Warren County Planning Board, held on the 9th day of November , the above application for to convert existing building into 1 office & 2 retail stores from 2 retail stores. Also to allow for 32 parking spaces in lieu of 52 reauired. was reviewed, and the following action was taken. Recommendation to: ( ) Approve ( ) Disapproval ()<! Modify with Conditions ( ) Return Comments: Application was approved with the 32 parking spaces with the condition that they put a barrier with planting between their parking lot and Dunkin' Donuts. It was also agreed that if the Queensbury Zoning Board of Appeals requires 20' between the parking aisles, then they are allowed to have 28 parking, spaces. ',' --------------------------------------------------------------------------------- It is the policy of the Warren County Planning Board to follow the procedures of the, New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1.) The Warren County Planning Board shall report its recommendations to the referring municipal agency, accompanied by a full statement for such actions. If no action is tàken within ~h~rty (30) days or agreed upon time, the municipal agency may act without such report. 2.) If the recommendation is for disapproval of the proposal, or modification thereof, the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. 3.) Within seven (7) days after the final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipality agency s all file a report with the Warren County Planning Board on theñ ce sa for OR Vincent Spitzer, Vice Chairman ¡¿ )(#/19 /7" Ý ":;',~',::':i$"!'JIIn&~;1"N.T J -4_ _iN .I ~';«~~ØiAl"·Z~:~-;/'.~-,~1~~~iœ~cl,í;:;ii\w.~1II _~_....~,-'" >;"·00·f'\'t~·i~!;.;;>:;.~~it~t.;nf~::_.4,~;~~~;'··~~..:"_-,_L{'J, '-- Jown 0/ Queen:J6ur'1 NlE COPV "~' n:.ô -NOTE TO FILE- II )¡ Q þr; I DATE Planning and Zoning Department --"'~' - Application Number: /j -'is r.J- / J..j ;¡ Ò Applicant/Project Name: if ,.t?'{<:J (}#"tMtf' O".Q BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 SETTLED 1763. . . HOME OF NATURAL BfAUTY . . . A GOOD PLACE TO LIVE Fx/l'/~ 17 .P "'~':'~:'."":.::;';'.:~, ....,.,'....~,~:~J~~1'\},¡p;·~i-·:~'·"~-;~~;·";',iÄ,:~¡:~":',1:'i_:W~"¡¡;ñ'j'';,':'~;;-\:~~~·¡:';~.f~'':¿~''~''t-·';!'·,'I~~.,,,,--........,r.!~~4::.*..,:":::.;1Þ~t:.~~:~'JIWS,~:.,·,'~:;" ":-.,:,~.,~;;',¿~;;;r) '-' JI1.-n-- ll( 3 ~Jl) . i I lq rii ~ Ji1úfllE C p ......... .. . -=r- ~ 0.. -\:ek~VLlJYlk' CðRAso::b Oy, LD ~ l\I\Omc::L-.) ~ {ee ;? Dý\. fu o-V. I I ICt íÇ ~ a...+ \ : DÙ'?,m. :¡: e.v..~.1oÀ <V'O{ -\0 \1, VYl.. "tVlt Cl \oCVY\dDnoct If'1J-l? \ c...\-CJlA,~ ~·(s '~ a-e\. --\ò ~. Y'e \Ci10'->-ed ov- ~-< \\{?c1.. Lû\~~ \'\\eA.-t- mCLt'~CtQ,aQ ---r\~( ò" -\:è:., '-\-\'0 o.If~ It' r~Ò)\. ~~CuÁ V\~ . ~xe . c..t\\J2 ---e)ÕQ...Lolo. \te a~^-Q.Qel ~ Oèn't\()..c:t- ~N. "l&'f~f\tC\ b'(\ roao . ~, \ q rr'<" tD t ~\ ð<... ~\(YJ\. C'òml'Y\l ~yy\ C5Y\ \ÙW Q.chÒ'{\ lDöL)\d. þ: *DJ\D4Ù, ~c·<~~"'fJ~!''''';\':·~re!~~~~:,1;>p'.J!If\5;}t¥:.'·'<'''\:,,",',>''¡):''->''.,;(I'"-,~!f:;,7~'""'"'~~;~";"~"~''',:·'A":,;¡'1f'''':'''''':\''!:''''';','~''':'t!iJ,,-,,,,,,'''''',A':¡_~öû.~l.'b)-","·::"':'_C ¡,':f.'~.:'~i':i.'.;;;.;.'''' '''Ui·'J.;'''.'~!&;:;;>',f_', :';j~":., C-'.. ~ EX'" r~ I 7' ¡.;: - '-- Jown 0/ QueenjbuPiJ f1lE COpy '.~ ~. -NOTE TO FILE- ìI ~Dlij ATE Planning and Zoning Department ..)",..... ',' -;. '-. ~. , '-. Application Number: \ ~\ L\ ~ Applicant/Project Name:~p\9~~-e Q\i$l, ß~~ ßn\\-f\\o-e\ '\\.Q ~r>t ß\ â..t¿ \. <\ ~"\ S- ßú\oA \'\h"",tðY\ f"'l ~~ ~ð \- '(}\nG.+ ~o (\¡)'C!:oxJ¡- ~Ac ~ÁVI~ ~.;r ~aJ--, (}AÞ IÃ ,~Q <2.,,)y..,("~(,,: ~L,tl!y\ Lö"~,(). <:I ffrmIPd, \ ý\ l;:M~: ~~1 ~A O¿~ ~:~ 0~. ~;~t~~~1~~ ~ 4\r.l -\-l')(L1Y\ f\C4,loC{.'" '((lip) ht')~·(fQd, Vx()^U) Y\9m ~11,,-ì '<' ~ IN\ ~ 9>\ ) ~ .,roÂ s. c,,\ ð'fI.-.. ~ \ crt t Y\ aWj\-\-¡"{N\ lb ~Q ~~ð..UO..t\*- \y\ ~ ~Ç)\0~{\Jè~\'cIY\ (~\ É> \ ~DD '->Y ~A . '). -¡:. "I\.AH ¡ V\ ~ o-r VY\ 0. -kì !fV). ~I\ a-t ~_ ("- IK '2>+e.e'(' ðM~ ~j) LùYwQo. Lß")(J.Úð. . \- r \3 " C-è cd- , ~ '- -r- ~~.:~e~~~~ 0-0.*Ö ~ 'M$~~~~;\\~~ ~~~'4\QÇ'\!AA-eðtU¿ · BAY AT HAVILAND ROAD QUEENSBURY. NEW YORK, 12801 TELEPHONE: (518) 792-5832 SETTLED 1763. .. HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE ~'µ,Ø / í G' >:~_, _,"",....,¡_L>~,):i~L~ jLk....J~~,}\¡~':.';:#r~;.;:.ri~J_~[~¡~,....,'~~. ",.".\'i;tr;;~i~'~fit:~t,,-'-,):';"",'/ ," ;;::.t.':Y":'<~Fc:'>"::"~M'~'·:~:::'::;C:.{)1'.~";. ":';;:··':":'-'~:~:'~¡:~",:t>·'·.·'\>·";L·',:>'i~~2'_~:;:,.;, ,"'.:' .'¡;":.,,...-,'., ",.~~,.'",'._....,",~,,:.,.,;,~......:... / '---'Jown 0/ QUBtmjbup'fj j:: fL.' ~ l~ fl' , h .. iJ~.J .~' r.:;>. -NOTE TO FILE- Planning and Zoning Department ....., ~. -, , ,- Application Number: -1 L\~ , Applicant/Project Name: ß~ \^--€.\I\;ae \ 1 , , ôf;~,?, :.1 .', BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 SETTLED 1763... HOME OF NATURAL BEAUTY... A GOOD PLACE TO LIVE '- --./ I .;::... , 1 boaro 0+ Zoning h~p¿a¡s. Mr. and Mrs. Dav1d Hyman dO supportthertgnt of properLy owners being able t:o build a home on thetrproperty, Ha\l building codes, septic and water requirements are met by, the property owner. Sometimes owners do get caught in situations where building requirements, etc. change and then change what value one's property might have. We are very concerned in this situation with several standards which may not be met and cannot be met and here the environmental concerns about the lakefront and water and adjacent Association Beach Lot might need to be considered in the Variance decision. Lot ~4 is very shallow and very steep, graded downward toward La~:e George and toward association swimming areas. Any house would be built just too close to the Lake. Half of this lot has been used for the past 15 years by the neighbors (father to DebbieScheibel) for bui 1 ding, fill, and to reach docks which Durantes also have built and rebuilt and have used tor their boats. We, 1n fact, assumed that that property was part of Durante's lot! Our concerns are how any house can be constructed on this property (because of the slope), how very close any house would be to the lake, and how the septic system could ever be adequately and legally installed! Thanf:: YOLl. Sincerely, Nancy and David Hyman 262 McKinley Place Ridgewood, N.J. 07450 ,J ,.~ . ~_ .. \ ,.~ JL. Ø"-:ar- -~·..~t IJ I r.""'_~.:~:"~.~"~~.:~:".<u____ -- [,;.: [,1 l(.. r"....." Cf'~ ('II ~) V· , '. ¡ j." . / I, 'j , '."r, b . V ®~åilf~ ~ ~OVl~B W PLANNING ~ONING DEPARTMENT Route 9L, Box 1149 Lake George, NY 12845 Mrs. Lee A. York, Senior Planner Planning Dept./Planning Board Town of Queensbury Queensbury, NY 12804 Dear Mrs. York; In reference to the Native of PublicUearing for Mr. and Mrs. Steven Scheibel, dated 11/9/88, I would like to make the following points of objection. I) The property on which the Scheibels wish to build is very small and steep. It will be difficult to build a home of any size on this property. 2) The septic system for the house is obviously unable to be placed on this lot. Mrs. Scheibel's father, Mr. Durante, asked for the septic system to be built on our adjacent lake front lot, which is owned by the Dark Bay Association. This location is unacceptable to me, because of the mess and inconvenience it would cause. It is also my opinion that the steep grade to the Lake coupled with the runoff already going over our property be another land clearing project by Mr. Durante. The sewage would leach quickly to the Association swimming area. 3) Mrs. Scheibel's father, Mr. Durante would most likely oversee the building. It has been our experience that Mr. Durante's projects are often left incomplete and a mess because of disputes with contractors. We as Association members have lived with this condition before and I for one am tired of it. He just seems to do as he pleases and the Association members be damned. 4) We are trying to stop pollution and over-construction on the Lake and I recommend the Board look closely at this project. Since I am a neighbor and Association member with Mr. Durante, I would appreciate if possible to keep my name anonymous. I live at my home year-round and Mr. Durante and the Scheibels live in New Jersey and only summer at Lake George~New York. Thank you for your consideration. f~;~~~,'>:t..~T.'" _,' ~,_""!'",."'!!'!'1~ ,:r;>'ri" 'Y,:;.,~"')',:~_:w:,~.~7,'F,:!,~~-,_~-~,~'::\'~·,7f~-1,~,~;:";~"W~'5i'¡"'b:'fP:~~·!_~~'~~~!:",~;~'f"II¡:,:~~,'~~'~"~':;:,¡~:'~ftc ;:::~~Þ'1:rj:'!!'·~·,!?·l''!''-f;l;-; .' ~,'~$~(~'\ " ·""'v,<",...~...E!;/~;!.'·.~;f::,~!'7~' ,~,""".'" t:: fa, ,.., :aJ ¡ !.::" ~'J" ;:.....¡ ..... .I ;'; ~ ¡.f:;:t.. 0> c..n '-- -- 'J. ~ ~ THIS N';R E F:!.1Ef· IT , m1,Je ilS 0 f thA to';"'" rJay 0 f DI't''f''J1Ik&-- 1,)(,::), bl'bvp.cn Cllt,IH.ES REEVES \11000 I')f Î,arrisnn RO.1r1 in thp. Town I')r QIIO'>Ans!'lIry, W.lrrnrl COI.lI1I:y,~'p.w Yrn': (}¡;wing no numhered street arlrlrf'l5S), I~Op..nfN:,Y RESTAUf\/\flT AND C/,TEf\I!\Y1 CO.,ING., ä'New York CrHpOr;¡ti.nn "Ii. tl1 i. t~ !,rinr.; rill f'1.1cA 1')[ business at 56 AvÎi1tinn ROild, Town ·,r qup....nshIJry, i'1.1rrl'n CO'tnt",fJew Vorl:, FRANK VAN SITTER anti ALICE :"1. 'IN! ::)ITTE1rr, ¡,,')tl, of ')/ Avi.;'!tion ROi1r1, Town nf Queens ¡-llrv, VL,lrr~n Countv,!'i~w York, STELLA O. DUMONT of 50 Aviation RO;'1d, Town nf (~IJep.n!';l:ury, Warr.en Co'Jnty,New York (the survivinq '!vi'o,,' f) r Gp.orr!~ H. Dumont whn dier) thG -<~ day of L~,.. ,19(,0), POVL\ CORPOR/'310M, ï) [)p.laware cornl')r;Jt1on with its principñl placc of bw:dness élt 20 [~roëJd Stre0t, Nevv York,New York, and GULF OIr. CORFOI1ATIŒI, a PennsylvanitJ corpor;:¡tion having a place of lusine55 at City Avenue ani Schuylkill Expressway, Philadelphia, rennsylvani'1, WIT N E SSE T H: For qoorl and valuable consideration moving from . e~ch of the partiG9 to the other, the receipt and adequacy of whic is irrp'vl')cahly ac~nowl~~qed by each, and each of the parties intenriinq to t,·e leqally bound by the terms of this agreement, it i <j mutua 11 y agreed by. between anr] <:Imnnq the p¡¡rties as follows: 1.__,..: r-II1ST: EëJeh of the ptJrties for themselves, their respective flAirs, per50nal represAntatives- and successors does hereby release iHvi forever discharge the premises referred to in Item SECOND herE:'of from the bene fit and burden' of each and every restrictive covenant ¡¡ffectinq said premises existing as of the date het'eo r. SECOND: The premises referred tò in Article FIRST of thi5 aqreement are !õitutlte in the Town nf Queensbury, Warren CO\Jnty,t·l~w York, <In''! cf)fnpri5A (1) the property conveyed t., Char] as Reeves Vlon:"r by two -:leeds, each from Glarlys P. Gri ffin, etal one t1eing dated OctoL~r B, 1963, recorded in the Warren County if'l#/~ If f - .... üž ... "" -- -.--' Clerk's office in Pook 436 of Dee~s at Page 191 and the other v being dated Aur¡u~t 19, 19ô4 and recorded in said clerk's office ~ / r,:.., in Aook <146 of Deeds at PaCJe 236; and (2) the property conveyed to (~') .... I'" µ ~,þ.-, 0') C,T) John SchoelerrJlélnn and Johanne Schoelermann by two deeds each from Irl~ Ewinr¡ Peters, etal, one Leing dated May 6,1950 and recorded in said clerk's office in nook 2R7 of Deeds at Page 561, and the other belnq dated Decemter 7, 1951 and recorded in said clerk's ,/ ofFice in ßook 307 of Deeds ~t Page 248. 'nURD: Stella O. Dumont, Frank Van 5i ttert and Alice M. VanSittert, as owners, and Bovia Corporation and Gulf Oil ,,/ Cornorati,on, as equitaLle owners unrler purchase contracts, respectively, of the Fol1nwinl1 premises in silid Queensbury,namely: (1) Stella O. DUlllont ;¡~ ownl~r of prnperty describer! in a deed from John H. Schoel.erlJlann and Johanne Schoelermilnn dated May 25, 1953 and recorr!ed in said clerk's office in Book 322 of Deeds at Page / ~17; and (2) Frank Van Sittert and Alice M. Van Sittert, as owners n f rroperty r:iescribe·-:J in a deed from ~air! grantor rJated April 13, 19:)4 ;¡nd recnr,er/ in ~¡:.id clerk's office in Pook 331 of Deeds at vi Page 161, for thelllselve!i, their heirs,personal representatives, successors and a~signs do covenant and aqree with each of the othe parties, their respective heirs, rer$on~l representàtives.successo s and aS5i'1ns, that the 5ñid properties referred to in this item "', THIRD shall, hereafter, he held anrl enjoyed by them under and subjp.ct to the followinq restrictions,c'Jvenants and conditions which shall run with the lanrl: A. No hotel, motel, r'i?staurant,cafeteria or rlelicatessen store shall be erected, maintained or operfited therel)n. ß. Any building or other structure erected thereon sh~11 have it$ front wall parallel with, ancl n0t cln$er thðn eirJhty {RO} feet to the ~ -?- ..... ~ "" ~;?ø c:J) 0',) ...... ".. I G") . "n .....,. (~ -J "--' --- presr>nl: ~o'Jtherly riqllt-of-way line of Aviation Ro,:¡rl, i1nd nl) pi1rt of iJny building or other s trllclllrf> shi1l1 h~ erp.. terl ..loser than fifty (~iO) feeL nort.hr:rly from the present southerly 1 i. n e 0 f c; a i :.1 p 1" pm t ~ e!; . c. r·Io c; i gn erec tcd 1111 the rremi ses in tt'd. s /\r t id" .l0<;r:r tLe' 5hall: ]. Arlvcrti.c;e other t!Iiln the bllsines5 then currently being conrlucterf thereon. nl1r 2. Be of ¡:¡ blinking variety, nor 3. p.", of a heir"ht exceerling thirty-five(35) \ f p.e t frolO th P. pres ent qr ound 1 eve l, nor 4. C]oS0r tlt",n one hunr!re-:-! (100) feet to the pres en t south erl y bl1undary a f the premi ses 1n this artkle dpscribed, nor 5. Closer than twenty-five (2S) feet to the present southerly right-of-way line of Aviation Ro¡:¡rl¡ PTovtderf, however, that on8 sign may be prected on each of the prnrni.!';f'!s 'escri bed in this article at the presp.n t sou therl y riqht-o f-way line of Avi¡:¡tion Road, on c6ridition, nevertheless: (n) TIlnt such siqn is locater! midway between the easterly i1nd westerly lines of the rec;pective premises described in this :3rt.i..le. nnr! '" (b) Th¡¡ t c;uch sirJn r.loes not exceed fi fty (SO) square feet in area. anrl (c) Is not of a heiqht in excess of 25 v' feet from the p~esent qround level, and (rl) Conform~ tD the requirements set forth at sub-paragraphs land 2 of this Article THIRD. Paragraph C hereof. D. Thn exterior of motor vehicle service stations and buildings for the sale of petroleum products shall \.H constrlJcterl only of brick or stone, and !lhall Le f)f colf)nial rlest"n. E. t·ID wrecked automohiles i1nri no trailers or ;~ .-- -3- ,- ~£~ ¡", ,.~. (1') f.';') ~ I,A ...~ ~ ~"l'), 0) 00 ''-.- -....' mobile homes shall be allowed to remain on the said premises. F. No auto body repair, or major engine, transmission or differential overhaul or repair of automobiles shall be conducted thereon. G. Litter shall be stored in covered containers. H. No surface water shall be discharged from said premises upon lands of the remaining parties hereto. FOURTH: CharI es Reeves Wood a nd Northway Restaurant and Catering Co., Inc., as owners, respectively, of the following premises in said Queensbury, namely: (1) Charles Reeves Wood as owner of property described in ~ne of the aforementioned deeds from Gladys p. Griffin, et aI, namely the deed dated October 8, 1963; and (2) Northway Restaurant and Catering Co.,Inc. as owner of property described in a deed from John H. Schoelermann and Johanne Schoelermann dated December 7, 1964, and recorded in the said clerk's offi~e in Book 449 of Deeds at Page 143 for them- selves, their respective heirs, personal representatives, success rs I,' v' and assigns, do covenant and agree with each of the parties, their respective heirs, personal representatives, successors and assigns, that their said properties referred to in this Item FOURTH shall, hereafter. be held and enjoyed by them under and subject to the following restrictions and conditions which shall run with the land: A. No motor vehicle service station shall be operated or permitted; and B. Said premises shall not be used, directly or indirectly, for the sale, at retail, of any FIFTH petroleum product. ~ Bovia Corporation and Gul f Oil Corporation, - as equitable owners of portions of the premises described in Article THIRD under valid and binding purchase contracts,covenan J- 'and agree that as to the property of which they are equitable 0 ers, -4- r- Ui ~~ I';'" CD ~~", \..,. ~ :,.~,. i:::.. : .', I¡~'" (jj 1'.0 ~ -...-/ fl."', :i11 1\ ," 'l'Inr~ !":\ "11" :1'11'1 n!',,\ i1 i 1-,,' nr 1-,1'_10 ,.,'\ ~.li·¡ I 1''1 ·'f I ¡.>.i I I ,'''': 'I ~ 1":"' "'t flì'·,·)r· \"/ 'T,,;¡r:,'I'" () r t.Jl~~ l~:.¡.r.ic- ;1 ~ ~_ ¡,,! ,,.. r i ., ! "," t i I ! r r 1 .' ":; t r: ~ I", . 'II "'I!~"~~~ ··:¡';';,f"¡lf·. !!,p 1'·1i"I:icH'; it.,,,,> )¡""""1l:" r:,1'1~"'1 f'j- ."!, ·/"';¡r.·'· I \.' :'11" .-''\·,-·rl~-.('''\ ~ :~:. .1 ~''''''"\lf'''I '¡f'r:IIPI'~111 rlr: I)r 11." 1.1\ .:fl , , '-'. ì I' í i I r". f ., I 'I '.. '-~ "" iLl" '110 , " // /J /1-// .,./ ¿ ,: /.., //..". _--1' ____~__d¿¡kd1 t,t: ,'f7/ Cì¡.11 1. (->c; nA0\1"'~ ',':or'\:l ( L.S. .' .' II II ~~ I' "1 I" ,.' \:1 i' I, ':-J' "', ..' .\ . ....... l' " " ..... ~ ". ···.·f -... -..~.' ).\. c'" "'('-:P ~ . (') ... ...., ~ It.! ,,~::.;; , J;' ,.:"1: I . r. ¡ I " . ~.. ... , . .'.,\ f , . . '.:. \...... ..,,- :.J N \ 'Ò~,.""" ¡ IO!H! rli!\'>' HE3TNJI1/\!!T ;'.f·!D CATERING ('U 0 , TtTC. (I.). ) \ . \ -I I',': \"';1.,-"-",,,\( "\"~.~'·l L.S. rr~;.i '¡pn t ~. I' ,: /. / -;' ~' : , L" I,,(~ /.. ,,' (. . \ ( . I~ ~ r LoS. rr;"1nl' '/;'11\ S l t lJ'l: I: {. .¿ (~~~- ~~) (éL~,-d.~tzf.&+. s. /\1 i CA r.i. ',J.,n Si tto.rt '"' . 'Î fßJ ..,4 ./,'..:.:J4.:- ---"J1.~..t::L¡J ;V¿/A?'/~ " ~~r.;.;- S. .;I~ollil U. fJ\Jnnn~ '......;.:;.... . ". '\I.. ", .,~ '" I~~"'''' -'\. r'C','L\ OJlìfOHl,TIOII '. ".' "" ,,,,,~~,...\,~~ , 0 . ~ .:... ... -! 'J' ., - ~ &lS~~ ."íJ···;~ :1' ,····1'1/-·: . :'.'''' ".' I):, ",',,'11 " JLF () . Ct~Ofl./~I0"? '~~',~l"'" .:/ . ,'1 / _~..¿'_' . /....-:.. ¡·:V:~;t....i. -;..--~~~... L. S. Vice President A. A. Stamoaugfi. Jr. :.. >-,'~ oJ. ( If'''' I' ~ . . \ ,I C, '.1 L ,':" ,I, "....... (') " \' ,., / '" / " ....... ~ 4,', "~. < . 0' " .... ... ... .. ~~ ,~l ~. ..~ '" ~ . \I. , i "j :,~ ~ : . J ~ .~..,.,....~... -: ," ~ :.'r.J~:~ . ",'! -., .: ç J ~ . . ':A'l''Í'IlSir': . " ....: ' , ." . ...... ~"'".., ~ .' ........, J'..).' .~ BY: -:-'-$'~: C'~/.A--4,.....·-- Assistant Secretary ,G. R. Witwer ST.."TF. OF I'F.':! YOn I~ ss: CDII!-1rf tJF ';!NmFf.I "111 Ud ':_'1.'1\: " r ,/1 '.' " Æ 'it ....t;. /".- / ,1 Q(t,., bp ff)T'e fI1t:>, U I'> c; u\"~ c r .i ¡ ,(n. i: 01' <;0) 11 ¡¡ II y ;llltH'!;) J c,J CII^HI.ES REEVES \'[000. lo lIIe I p('r~nn,l1.tv :'f1'II/lllrd kn"I'.!f1 I;Q lIie ~.0 ,"" thp. ~';;lln'? person ,je5cri\)~·; in ;".-1 ".1\1' PX0<:1JI·.,,'" /:11" r"rt>'1"tn', in~Lrllm('lt, :Inti hp. .Iuly ,J ÎI: "" ¡l n In(l , I;... n," 1'.11;"'. I,.' ,':< t.'r: I II'. ". I~I,~ . ' 'j' " ., ~ i'11!~. '/ " '\ l.)/ t. .. . ll....... . ,'- I'!OTM~Y r-ur LIC '/ / . " ... ~ , j,;" -''',- ~~:. I:":.' \! .-, Ç) r :~.I , . ¡ ~ \ f '" '..1 i'::') ~ ';T/,IT nr Ilr::,} ','(11)'~ .... ): ( :cn I(tl'.' Or" ',': 11811 r~l: . _ ...j i' . ..,.. .J. I~" l'I'I~),~_t!""l "r._-LJ·',_,,,::~~~, ,1':('0, h~r(1r", '110, 11"r~')w,11 \' ";tI';~ 1::.1'1, 11, !1",,,;.,,,'TJ<;, "" IIIP. 1)"'L,,;~n;,ll'{ kno\'/n Wh0, i r' i fI'l I, '/ "..~ "11 ',' '" ':!'1 , I', .! ¡I, ¡" I ,~..." ;1 11 ·1 ...:1 '! I, h, I'. I, "! r e r, i rl e ~ i. n 1..11:-: ïn')".r~,fI,,"'! v(" 1: "!,l!' III' ; ," !-1,,,, rrpr,j,lenl: 0[ I'JOfì.THWAY n.FST.\!lfì/,r'r ¡..l'P f'^ITnfrl~ 'J).,1t!!'., ':11" /'orrot'¿1ti0n ·¡ef,r.rib~rf in ;trl,1 '''I,i,-I, n·(t·/, " 1',(' J II," "I"n",·j,,~I·,rl':lInn'-: I:¡;,t hp vn0w5 the sp¿¡1 ·,r :..,i.'¡ r,nl"1.,':il1l1: ~,1,11. tI,,> '0,,',1 ;,fF!::",'! t,1 5;11.1/ instrulTlp.nt is ":111"11 (:,11,1 nr"",n ",.,,1: '1,,1', i" I",,, ".' :,rrix",f j,,,, nr'fer of tht3 r, f) :1' 1 "r l)j t" r t 'H' " "r .; '1 i " r:,) ", "1 r " I', i ., 11 , û r 1·1 t ¡;1 r, II r> :, i '1 n (', j hi... ,---'" n";I' ~I,("",,I'" \"': Ii','" ", ",.1', ~, _/,J) (1.. /~) 1)/) J' "',.)I._y/ ":--\::-.J l' .-,', A. t!Urì\fìv\jJE'LTC " I,'.. IT nr ! IF"! ','1 H~ J:: -,... '-"~ ... : I'flllill'! ',11" ',\'¡\nr.r:tI J ...¿? í1r¡ Uli~ Ù ~,: "f f'Ì!~,¿:-d~ ,1'.'1\':', I.,,,r()rc· IIH', 1)lf' ~1I1~cr il,"t", ("" "(11,.,11 'f ''t,n"",n'' FH.\IIK ·li..:1 SITTr:íìT .1nd ALF'::: n. \/,V! ::;: 'TI~ I, I'," I!\" ",..., ";.,,,:,11\1' 1'11''''/1\ .\lvl 1.·l1n',':r¡ to ,"'0 I:., }'f' till' ""'w'loI"""'II'" !.".:r:/'jl." J ill ;¡¡11 ,·/I,·,~ ,;!,,:r~C:lt~'¡ t,¡(~ r()I'0qnLn'l in~tl'lJ- 1/'''' It I:. .",1 I""">' ,"),: :1('1""""1 "'·Iq..,· I.") "I" 1:1"t t.]10y p.xeC1Jtpr! thp. '~ .1111 (' . .~ ,/ a ~&·rLf PLq) uc ST,'. rr: ur '.IP·,1 '''(In f~ ) I :("It' r'o' ()¡: \'}N~nf:" ) ¿ nil "I, i ..._~".,\, I) r ~~~ ,10,)",>, b"!fnrn mf', !:h" -:1\\ ,;('rU·''!T. r"'r~"!"11.1·¡, ;1r'p";')r~'¡ r,I-¡~r.:I/\ '0. D!.I¡;IQt·rr, to mp. l,p1'-:()n;¡l'" 1.:1")",'/1' ;1Il:! ¡'l'o)":/1 I:n 1110 !',n \"1 t"~ r:;¡m9 p>:!r<;r>n resc1'iI)~,-J in AI1,j 'vIII, ,:;:~,..,,." I:'" 1)1" rnreoo i 'If] i I'~ trlllll"!n L, anO'I shE> duly ,'1 c" ,( \') 1 '! I : q c> . ¡ ' ( 'III' I: "1 t-. r h" P. x f' C 1" I: (! ,I ~ II e s ,:¡ rr. ,~ . tJOT,',RY r' - ..1 .,: ) ) t,h :; TAl r: 0 r pr-:iEISYT ,II A~UA r'- .....)~:1 : cour,ITY l'F PIIIT,JI.i) :tl'HIA 19/16 In the Courts of Common Pleas of Philadelphia County ,.- øtatt af Jtnn.øylunnia } ~ : c...tF of PIùLuI.lphia, ... "., t. D, l'Iarlow Burk., P.othonot"TJ' of th. Cou.to of Common Pt... of .ald count)'_ .hleb ar. Court. ot Record ba.tn.. a common ....1. b.lne Ih. "me.. authll.lud b,. tbe I..... of tb. 8t..t. of PeDD.,.I".,DI.. 10 m..ke tb. followlne c..tla....t.. , Iln(:f:'M~¡n ,,', ":b t:'o~:"~"ómT~~~. å;¡ñi;~;i -~iriciå;;li' :,;ã,"må;'i: -Wq'" å·t··Ü:¡ ilm~'~','iö -Jôiñ" ä -Ñ~~%~~ PUBLIC for the Cammon....lth of P.nnulnnla ...Idlne In the County of Phllad.lphl.. duly commllllon.d and quallfl.d to adinlnl.te. aallu! alld am.matlon. ...d to taka ~::~"~od::,;:::.::: r....a::~ O&I~t"~ ~.~:;;I~~:~·a~~' t':"a1r' ~;~::'~:~~ -:: .~~r:~tt:li fallh aDd e.,dll are and aUl'ht to b. ......n. a. woll In Cou.u of Judleatu.. .. .llOwh...: and Ihat I am ..ell acquaInted with tb. hand..IUnl' of Ih. ..Id NOTARY PUBLIC ..nd ...11)' b.II.... tll. .ll'natur. tll...to la I'anuln., and Ih..t lAid oath 0. amrmatlon purpor\ll to b. tak.n 1911 resp.els .. .eqlllred b,. the 1",,"1 of the St.t. of P.nn.rl..anI.. Th. Imp....lon of tb. Ie'" of th. Nota.,. Publl. Ie not .equl.ed b,. law to b. lied III title ome.. In T..tlmany Whorl.f, I h.... b.r.unto Ht m,. band and aZed tII. ..al of ...Id ) J-,. JANUJ\Rv eo.rt, till......... ..J...=_ ..r..."¡tdar ot._.._.__~....._-¿;", ~. .....J. tII. ,._r of oar Lord ... tJtou..n I. hUD~t , .' f¿ ~"kIY ::ix 1~~r.1 AnI;.. ..'!- RKB. Prothonota.,.. . . 'I' ,.' .'" - '/ . . . .. ,4........:::=.,....:_..._..._.............~;..... D.put, PrntboDota,., Danate .&.b.~.U.. ~eeuDdulD Le"u., ~ rl? In0. ] 1 Y h (~ a. d I.' "!, f!I\~... :i.t:-r:11·,'''VJ.ì I: ~(¡r>~~':';" It 51 . '.;¿'~ ¡ ....... .:-.. :::... ';'" 1: . ~. l~ ... "," .- ~.. (,...,. ,....... ." """,,," \ ',\ 'I~ '1 \ \ I \ \ '-'" '; T;', 1''': nr 1,1 :-YJ '¡'(1H I~ .) : ~ ¡.' ~~ r :0111,11': (11" ',ií,rJì r;¡ J ¡!:' (;~J (' :~.\ '.; r~·· '/', "' ('I, 'l,i,,;J'~¡;¡'! "[--1j'~,;","" ,]').<,6, 1)~[l)rf:' ~10, 11"1"",,,,,11,, '-'''/'1''' ':,',PL n. l'I,,~ì,\rITIS, to "": "t>r~:)n::¡] Iy I:no\'¡n whf), ¡ I'tn') ! \' II'''' '1111', ~,worn. ..Ii ,I r/('I''''".'' "'[1'¡ '"."''/ ':h,')t II"? ref-idee; i.n f.:,I:'~ ';n"J'F~,!I(J'" ','o¡-: till!: Ì1(' j., tIlt> Pr<><;irlcnt of ~IORT!r.·lAY n 1~5T/\1'1ì,\I'T 1\! 'ì (~r\rr:n [I'r; ,~(). ,1t:C., till" carrora tion de!;criberi in ;In,1 'Nldrl, f'x"rIJt,C'"1 tho ,1¡""','(~ i.n'".trlm'~nt: th;¡t hE' knnw5 the 'ì~.1I "[ '",-'li'I':"T!"'Llti,,'n: tlllt the 'ì(?;¡l. ;>FfLx~·1 to 5"id in!':trument is ':llrll C,'1,1 or,. I:'" ~I:>;"l: 1'1,')1: i t, "n~ f-') :¡ífixe' by or'fer of the r.o;Hd ,,[ Oi f(~C t,0r'". ,,[ "ò;:¡; "I (;,'rnnr;¡ t i.."[1, ùnd tha t he siql1ed his I 1.1 III (J tl,cr"t'~ ¡'V] i,;'e nr-!('Ir. £,- J.) '")., I~/') n/) ,/¡¿ ( /~ L,_:,j, .,.,,,,,,,,-3: \ .J 7' . NOTARv\5JBLIC n ,"., ':..J (~~"J ST,\ ("[ OF I'E'.'.' 'inn ( ~~ ..')~) : COIIiI Y fJ r ;"'~ Af11ì Et! I ,¿? On l:ld s Ú ~v () r .f;tt~,¿.".~ ,191,')5, b,..rore me, 1',1,('1 ';II\'O:C>' iI'?t', r'''''r~11;,. "r'n'~;:¡r('\'i fR.\tll< \/1\11 SITTEIìT and ALICr: ;,~. VAr! STTrr.nr, ~" !!I0 r"~'r';(jI1;¡lly l:n':l"!11 ?nri "rn()wn to me tn be thp 'C.'''!!' ""1"'0[1'" '·'-'cri\·,?, ill ;¡wi ',',Ii,() e:~('\clJt~ri the [0reqoln'1 in<;trll- 11101'1:, ,')wl t,"~y !tll." ;'\cl:rH)\'¡le'lge'f t:> 11\0 1:11"t they exècutèr! the :" ;HItP. /' STA 1T ur ~'E'; '¡¡"P. K s:;: (:OIlPTv OF \'J¡\r.IìEfI ) ¿ 0(\ ~"i "'£'¡õ}V f) [~§~_J.... ,1965, before me, tl,(' '".111 c;(,l:".ih~r. r~'r",;oll;'\ll,/ ;'!llpl?rlrwi sTEíL\ ~O. DUr.\O~IT, ta me I'nr'".nn111 y l~n()"'11 ;1nc¡ h")':!11 1'.0 IIII' !:r1 hE! tht'? ";¡me p"!rsr)f1 r/escri,\J,?r in ard \'.'1,') ('>;~(,\<:"!lt("¡ ~,h0 [nreqoi,wl in:-:tr1JlT1ont, ,Hl'i she 'iuly ,")Ch,(JW] ~dfle'l to In!' UI¿¡I: "hC! èXI'c,'lt,.,·i the 0;<11110. , .1 . ., ) ) ~ ~~ On this 26 -:lav o[ Janlltlrf .tØ-/II, before I~e per"òonùlJ y cain!'! STEPIlEiI n; nEHiW¡ , to me per!'ôonùl1 y kno'Nn wlw, \'fJiIHJ by fliP ,'lllly c.;wr)rn, rii.'i 'Iepof-e anr! 5ay that he re5i ,'Ie!> i.n C:undcn, !le\'! Jerse:! ; th.1t., he is Ý.ÝtN a. Vic:;-Presid:mt 0 r I'O',/T/\ C('\nrmtATI0\1,.I;l1c corpnr:J tion de5r.ril:p." in awl which eX0cl1te,1 ':h(' ;¡!()'¡p. Jns1'rul'1':.>nt; I:h"t he kno~II'I"'1!h~.. ,.seal nf r;¡i' r.nrrnntion; thð~ the 50,,1 iJFri.xe' to c;'!,.~"'f:.j}h.t;'t:'1'1;'Z)~t ...1:,~~,~-.c1Jch coq'OTiJte :;eal: tin t it W<lr. so ;¡fr,ty.e~1 by o:¡:r1oeI' i)f t~lf~/I", 'Hrt:¡\rd or l1irect.or!> nf -;;¡j; corpor;¡ti.ol1, anrl that h('."!'õiqne'l hlj; .:.....; ,.nalh~,.thoret') by ]ll:e .,rrl"r. :, ¡ ';~~ " ....~. .) ; ¡;~. '.... :~:; ...... c ...~~t·~i,'H..t.ul "';.r..t:-,(~'i: \._.J . ~ v"" ..., \ NOTAn.1·",Pt~I..IÇ.. I.' '.... '..' _,1...... ", ('") ',. ... .. ......" .... ',..,.........""... STArE or PßliHS]T.IlA:UA ss: COIJIIlY OF PIIIT..JIJJ;:LP!II.!I. . , . " " I:' J.> -(,- ..... , C/.~I ."'''' I 51; ~fItL..::?-'L,-·-," 11.7.., t .- . ~ -,yw J'ffltl( · .., £e ' '--- ..~~ ,C,' ,'1" II. Pl'Olhonol ", . --.....~..... '\ 1/ ..". o.,;¡;¡¡..¡¡¡;;._ 0"'.17 P , \..fI.. ~~II.d:t'O..t...,. · t.e1'1'1l,. ,... a; .... :"!'J ~r:-oo t::;) r'1 .". ¡; f"'·t I~"" .... 1 r3 .t'''· .' ,.' ~""...~',') .," .; 'II f. i} F;' ~ ~c>" (' ':... ,-L.<^..,.... ., "" .. c;'" "~'#.:'·4'.. I"", It ----~. ST,'rr: nr: PENNSYLVANIA 1.;Ot IIlr/ n~ PHILADELPHIA ) ,c:; t:l .~ ,1<::'ã5, befor.e rn~ (), "lli';(/; _.'.!.)~, '.If .....,J,.o~ t £110 f1,:,rs()r1'ì1Iy 1.:no"ln ..I . --TAMBfI,UG': JR. ~, ,0 j I' . C' A A S tl\.11. lIe res.l' e"f) f ! "\' '-"11;1 '.' rll'\. .. ¡'.j dCI'()c-;r~ an' S;)'ý " . I 1 ,.", H 11 '! . '. d t '''I''} 1 <?i!>fJ ¡,,~. "',, I I) Y ...' . '1'1 ·t 1\"; ¡,. t.hp. Vice Presl en ,,' , p . . .:"1., 'I' nrl who 111 B£:LnMawr. a. "."l"}¡'i."n"e!;"L1.h:~( l.niJ .\ .;, IL F OJ L COli f\)I\.\r J:.'IJ, th0 ': In p'. \.:: ¡ . II" 1, n()IVs t.h ~ '", C' a 1 f) f ~ ¡LV ". . ... IT. r " '" n l' . I'... , . . 1. ~ " II r. h ·"'r.1I h',l \:h" i'. I.,},..."" ! 1> . , '. ,'r" .' I", '";) i·i h6\-,.~·.rllmen I. ., 0' . r ".. ". '1 . l' ~1" ';n;,l .11 1:0:" 1 ,I. ... . aU!..J.!..' (' thf\ ßo;:n-'! r1 c: 0 T'f)d T :1\: If, JI ; ... . \. .' I '. '" ... ,. n :ì r r i :< ed I 'V ~.1ù\!.J\:X t) .' ~ C')"P'))';) 1'." ..,~.,1: U\;"I.I ,I- '/'"'.,' ,.. I f11,"'!!- 110 :.j'·ln(~'¡ hI:' n;l1l\', ,c r "/""""01"1111111, ~!I' II;r"rh'r~ { .5;1laulhqtil~ ' I- Ii ',)'I! (,r) \ '{ 1l I " Jtx:xtXX. ~- '..J.: : ~1~LlC IWIAY R. SMtTII . tror~lty PU8t1C I'híl~èephia. PhiladelphIa County b 8 1969 My Conlmlssion E~pINS Fe lualY . :f .....: "y '¡;"""~ V \ ~ ~ :;~ 1· .. '~ : (,) ....1 ...~ , .......-~ .' 'Y .:" -< ,." .' . ,...... ,,,,,,..," In the Courts of Common Pleas of Philadelphia County A.t t f , 1· J t,1). nnrlnw Durke. prøt"o"..t..,.,. of tha Courta of Commo" J:? Pleaa of .al" '''''nI,. -hl..b .r. Courl. or R.eor" "...,". . .ommon ...1. a t n tttuøy uanttt lIe'n. 'lie nm.., aulnorlo.d loT 1100 I.... or tba 8t.ta of Pa....a,'.ul. '0 c...trel PLil.d.'phloo, ... "'"ke tb. tOllo..'n. Carua..t.. ole C"tlty. ThaI.. '" ......... ......... ..!!~~~X..~·..§MlrH.......,...... .Z6qulr.. beror. "/10m Ih. annezed amdavlt .... ",ad.. "'U at the tlm. of eo dotll1 a NOTARY r.?t~~~mr:;.;~0"'e~0":::'3n~::.'I~.dof t~·~~~:~r~~";. r::~'I::&'a:~ I~"'~:rl~": .~~I~:elfa~: :.c."..n~"l:d:;::~:J:3 f"ro:rd O!lfl~·~~ ~~i::rÍVø~~~;·~~~r 1~~1r' ;:~:~:::. a:." 1'...~r:.d?:,ï f~lh alld .r.dll II.. .nd oUII'/lt '0 Þ. &',,,.... .. ...e/ In COurt. of Judl.atur. .. .,.....hu.: and that r ¿/It ...eU &<!qu.'nt.d. Wllh Ih. halldwrlUllc o( IIt..."ld N01'Any PUBLIC and ~r~~',:~:"ra ~r ~&,:,::'.r~~~~'.:~~: f;"I'I::1à'~:~II~~~ ~~~~.O~}hp:~""~I~:f~~" PUrporUl 1'he l/ltpr...lolI ot tbe ...1 of lb. Nota,.,. Public ,. "01 r.qulr.d br law to Þa GleeI ID UlI. om... In TUU",a,,)' W"":J!I' 1 Ira"e b.reunto ..t IJ' !MIld ."d aZ.d Ute ..at 4t ..101 COIlIt, t.,.. ., .._,-,--~....._.da7 ol.._.._.._!~~~._.Ja 'tlla 7.' of 0.' Lo", ... IlIau 1111 /aulldred ~~~....1! ¡j¡¡fy'six fl966> . ".4. -, -lIRKJII. Prothonot.,.,.. . ~-, -- -. :r'--"',--·~·~-_...n.p.tr Protllnatu) ('/ -." -~..\J.".lIlIa. lI..,ulld,,,. Lot".",. ~ _'.7_ ,- w ,.., "" ,.þ. 0') "" ~. ~ .- ~ ~ -.J W -.,.- -- RESOLVED, That the Chairman of the Board, the President, any Executive Vice-President, any Senior Vice-President, any World~ wide Coordinator, the Middle East Coordinator, or any Vice-President, of this corporation, be and each of them is hereby respectively au- thorized and directed, from time to time, to execute in the name and behalf of this corporation and, when required or necessary, under its corporate seal, duly attested by the Secretary or an Assistant Secretary, all such deeds, assignments and conveyances of real or personal property and' all such contracts, mortgages, agreements, guarantees, bonds, affidavits and other instruments as may be in- cident to and necessary or advisable, in the sole discretion of the officer executing said instruments, in the of1eration of this corporation1s business, and likewise to execute in the name of thi's corporation and under its corporate seal all such bonds and assur- ances as may be required for the due and faithful performance of each and every such contract, agreement or other instrument entered into in the name of the corporation. This authority shall continue until revoked and shall have the same force and effect as though special authority were granted to the officers of this corporation to execute each such deed, assignment, contract, bond or other in- strument separately for each and every $uch deed, assignment, contract, bond or other instrument so entered into. * * * I, ·ALAN D. WEBB, Assistant Secretary of Gulf Oil Corporation, do hereby certify that the above and fore-, going is a full, true and correct copy of Resolution adopted by the Board of Directors of said Gulf Oil Corporation, at a Meeting duly called and held at Pittsburgh, Pennsylvania, October 26, 1965; as the same appears of record in the Minute Books of said Corporation. I further certify that said Resolution has not been re- voked and remains in full force and effect. I further certify that A. A. STAMBAUGH, JR. and G. R. WITWER were on December 6, 1965 and at the present time are duly elected and acting Vice-President and Assistant Secretary, respec~ively, of Gulf Oil Corporation. In Witness Whereof, affixed the seal of said Gulf Pennsylvania, this 6th day of I have hereunto set my þa~~nd Oil Corporation, at P..,i\ttS'b'l!t.P@h;.~ January. 1966. C)'{~..~.'~ ~....O'. .., : " "'" ..~, . *' . .... ore)..+w~ . ,. UU·...- j)-'..., ." . " ...... o' -=:¡. ..: ". . ~., .~ As~~~an~Sec~p~ " .~ ". .' . . -t' \"... . . .. . ....- . , . , 1 n C1 RECORDED MAR 28 10 49 AM '66 ~ , 'It:~.~~~.IIF-YEE~S I·M~t. -g:~¡; ~IID fXAJ.4IHf.C \U.lFt;:M t.;ourHY,IIEW Y:1II~. ~rjNEY VAN OU~ [I{, I~l f;; f. CAFFRY. PONTIFF. STEWART, RHODES a JUDGE ATTORNEYS AT LAW '0 HARLEM STREET GLENS FAUI. NEW YORK 11101 "'--' - .t\t a S:'cci~ 1 Tar..;1 of the Supraxr.e Court of the Stnte of 11ey York held L~ :ìnd for the County oi Sl1ratoga, a t th~ Sara. toga. County l'*il:nicipal Ccntcr~ Ballstou Spa, life'jl York, on the 31£t day of August) 1977. PRESElIT: nON.. llII..LTAa J.. CR;\NGLE, J.5.C. s'rATE OIt NEH YORK SUPREHE COUlcr COUlT.fY OF U.=1 Flllil{ ~ - ~ - ~ - - ~ - - - ~ ~ ~ ~ - - ~ ~ - - CHARLES REEVES ýJCOD, Plaintiff, -ag::-inst:- ORDER GP-AliTING PP-ELUiîNÂRY INJUNCTION .".TI..AIITIC RICHE'I~ï.D COHP1\!:.'Y and BOVIA CORPORATION, Index No. 19273 Defcnd.llnts. ~ ~ ~ ~ ~ - - ~ - ~ - ~ - - ~ - - - ~ ~ ~ '!'he plaintiff having duly Ir.Dved this Couri: for an order granting a prelimina.ry injunctiorl enjcil1ing and restrò'!L'Ûng the defendants from: 1. Erecting, maintaining :J.l1ù/or 0t:erllting Ol1 the 52 Avint:ion Road property o'lim.cd by defendant Dovia Cor~)ornt:ivn. in the Tow"'11 of Qüasnsbury It County of \Jnrrcn and Stato of lIeu Y01::k, l! rest.'lurant, cafeterié.l l111d/or deli~"!t:c5scn atore end otber- wise vi.ol.nCing paragri'!ph THIRll (~) of the DececIDcr 6, 1965 agreement, and 2. Erecting, <.;r ê.:1'aSing ~r perî:1.itticg the erec:tion of, any h!!ilding or stntct~l~e on the said 52 Aviation !toad pro~)arty) G:~ct:¡.t in accordauce \lith ¿ar~gí.·~·_·h TlIIPJ) (b) of tho December 6, 1965 agrccL~nt) nnd especj~lly from erecting, or c.:~aü::J:}[: or þ~:rrnitt:Ùlg t.he erection of t.'te -1- .- ' ./ I k X/I-¡13 I r -I"'o CAFFRY. PONTIFF. SnWART. RHODES a JUDGE ATTORNEYS AT LAW 10 HARLEM STREET GLENS FALLS. NEW YORK 12101 , II '-' '-"" tlu:c~i tCï.:.:d ',iì.: h1t~n,Jcd C"ì':101)Y in violatic:'1 of t'l'''~ ~.~. {.r····l,·:· ....^,·,Ui rr;.·"-·~li· .1..I'.-'.{"\ tl~o £....o....t ",",,,. .~ -_.......,.. __L.... .)..'1 .... \""...-.~.. - J,.....J oj¡, ..c .... Ü v.a. south~rly 11n·.;;: of tllc s~:td i)rv~1crty) and fox' such othc;:i: .:.¡.~d ;ê',l1:th~r relief ti¡,; to this CCU1:t mny seem just and proper; ..¡::¡d tho saLd rilotion ¡Laving regularly co~ en to be heard on the .31.:) l: d.:11 of Augu.ct2 1.91'7; NOH, on J:~El.dillL ~m,d filing the O'1:"Jei: to Show Cauc~ dated August 24, 197;:t the affidavit~ of Chdl' "e:.; Recve~ ~,ood, lI. Wayne Judge and John R. \.,l.~ìn;. all fH'¡Or4'l 'Cv .At.'.G,úSt 23, 1977, the affi- davit of 1:1. !if!ync ,J'udg',,::: sworn to .August 3ú:l 1977:1 the m..u.:unonn and verified complaint;¡ L:og<.;ther \-lith r..-t<)0t of due sc~."ice thereof upon the de£endal1t~, ¡Lü support of ß.:iid uotio'n, and the affidavits of JCL"Ofi.le Zielir1!Jki_ I:.ayr"JI~md E. Shalùl.-ii;L éiud Richzrå I... Smith, all üt<lor1'l to .t\uÆ:;u:.>L 30, 1977, in oppoGitiot'1 thereto) and upon hearing 11. t~.~ yn.e .1lld¿;;c, Esq.) of CC'Jdl[;(: 1 for Caffry, ron tiff, StC\1art, Rhodc:s ò. Judße it a ttOl.'"¡¡(:Yu f:::¡,:!: ~;lail1tiff, in zupport of said motion, .::il1d Ri.chard L. ~~mit:h~ Esq.) of cOllA."'l.Bcl for Bond, Schoeneck é.. Kinr~) ;~ttol."·I1eya for defcrld~.ll!tS) in opposition theretoj and due c1eliLcra. t:I..:¡!.'£ h.'\ving beßn h!.l.d.) ël::,-ld i t ~p~)e.nring that a cau6e of action c:d:Jc¡¡ in favor of the pl;:l~ntiff ~ncl ;:Igainst the -defendants for ii, p~:r'iuancnt inj'W."lctiorl, c.lnd t:h~tt the plaintiff is entitled to a I}:c~U~iIlary illj\A1Ctioi1. C~1i the: grounds that the defendants thl."C:a i:~:'~~ ~1m! are doing act£: ir:. vio1t!tion of plain- tiff' £J right5 t'Jili(;!1 t...'Ould tend to r\.mdc'ì: the judgment: ineffectual ;; élnù 'C.¡h:tch~ if COWt~.i.:t~d í.n: cOl1.tiIluCÙ duriI~g the pE::ndency of the &1.2 ... II -... --- :1ctilm) \.¡oul¿ t;roduc.::. il"1:'Gparablc injl1:CY to the pln::ì.utiff, NUi.J, on motilm of Caffry, 1!ol1ti.i.f~ Sl:~'toiartl Rhod(:s & Judge, attorneys fo~· th¡;: pl.::dntiff. it: is ORIJUlliD~ th¿~.t: th~ d~fcndant:e hcr:o=tu, Atltlntic Richfield Com- p}'tny and Bovia COj;· w:C::t't::i.on, indivtdn:i l.ly and together, their officers, aert/ants 4 age:nts :1nd all other persons under their authority and cont-r'::il) be J and thc)' hereby are, duri11g the pendenc of this action, ~njuh~d f-rDm erçcti.ng~ or causing or permitting th~ erection of,. "1:,Y bni1dil'lg 0'1: structura 0:1 the 52 Avl:1tion Road property owned by .;L,;:.icHd.a\1.t, Bovi3 Cc~-por~ tion, in the Tom'l of Queensbury) Col1Üty of r<arre.n, Sta ta oi :t~e~l York, except Ù'1 accord- ance t~lth pa1:<.:Jgr=:,ph 'IHIHD (b) of tb.~ D~cc;:(:¡bcr 6, 1965 agreement, and especially f:ce.ti ~~J:'cctÎlìg) or c;:¡u:3111g or pennitting the erection of the threntm:!c!d ~::':r':":-;ìXi' m.1. the ßa.id 52 Avi;1tion Road property I and 'uithin the eighty (30) foot ßctL.1.ck requireme11t from the front propexty liDe f~lC:ir* Aviation Rond, ill1d it i3 further ORDERED, th..~ t: t:L::: defeI1dl1nt~ hêr\':ln, Atlantic Richfield Com- pEtny nnd Eovin Cor.'GrÔ;!tlon~ indi.vidlli111y and togethtn:¡. their offi- ccr:¡,' s~rvantû ~ agb:ti:i:i and nll other p~rscns under their authority I and control) Le, whi they hereby are, durillg the pendi::ncy of this action, enjolned :ft.·::"la selling.,. offe1:in~~ for s<11e) or permitting or cAusi.ng to b~ sold or offered for D::ile:J any anå all ho,= snacks) fast foods and otLe~· pr~p:::red) r,,~(!dy-tv-cnt foods on the said 52 CAFFRY. PONTIFF. STEWART. RHODES a JUDGE ATTORNEYS AT LAW \ 10 HARLEM STREET GUNS FALLS. NEW YORK Ii 12801 ;1 I, A·.Tln t:lon Road prCl,)tfi":,:Y ~ :'nd it is £u':'~i:.:hc:t· a<!'I3- CAFFRY. PONTIFF. STEWART. RHODES a JUDGE ATTORNEYS AT LAw 10 HARLEM STREET lLENS FALLS, NEW YORK IZIO' /1 I --... -...../. ORDERED, that tb.0 c1cfenililnts herein) .Atlélntic Richfield Company and 'Bovia C::),l'poraticn, individually .and together, their officern t se1.'"Vn.nts;, ;~ZC!ttG and Q 11 otheL.' persons unclel:' their authority and contro:!.., 1:;a, 1111d thay lwt'£:l;y are, during the pendency of this action7 C:;:ì.1johK~c.1 from ndvcrtisln[: J or pe1.1Jlìttlnß 01: Cé1US- .1ng to be advcrt;l~cd:; the nale of any and a1.1 hot snacks J fast foodc and other prc~ârcdJ ready-to-e~t foads at the said 52 Avia- tlon Road Property) ':i:!.ld it is further ORDERED, th'l t tlv.: defcnùnntü hej:c:Ln7 during the pcnùency of this nction, sh.all. rC~"lOVC or cover 't'll th .(ill opaque covering all sign::; on the sald 52 Av:Laticn Rml<l prüF(::¡:ty advcrtising the sale of "hot snacks" m¡.l ¡f~:;t food::;", and it: is further OEDERED, that th~ ¡¡¡oticn for a I)j:elim.it1ary injunction is grnnted to the e;¡;:L:..¡¡i; r.~t fo~th herei.n, ü;.(jn the condition that the plalntiff file: ai', Gndcrtôldll2, ir.. th;:; !J~Jr;1 of $.2Q.~ 000.00 , conditioned th.:.i. t the ;'"; l.all1t iff ) if it 1.::: finally determined thnt he 'tolaS not entitle¡~ to an injunction) í.Jill pay to the defendants all daúic1.ges and cost¡:; 'uhich rr.oy l~c su~tt!incd by reason of the injunction. ~ D~ted: October .z J, C,l' p. rv Go t.. c-- 1977 ... J' J¡,Vrlll/.tlc.., .. J.S.C. El'lTLn~ Ctt:~,,- /4, {o/ 77 .D- _I:... , " II· . II I ! .;~' "-' ..... I f ¡ , i ! I " STATE OF' trEW YOR"!( SUPREME COUilT COi)::'!'Y OF HAHllEU .- - - - - - - - - - - - - - - - - - - - X 'CHARLES REEVES tclOOD, Plaint:iff-RespQnden t:r STIPVl:ATION )) 1[; C;ON'J'INu:cm; hC'J~:r ON -against- -..--------- Index Ì\!O.. AT.~~NTIC RICHFISLD CO~PANY and BOV¡A CORPORATION, -~_......-_.._.._- ----- Defendants-Appellant3w - - - - - - - - - - - - - X IT IS nr.:?.E'SY ~';'l'I~t1'LATED AND )\GHESD I hy and between th~ undersigneè, I I I ! i I II i I I I ,·¡ho a r~ all of the partias to this actioù, as follŒ~'s : !.:IŒREAS, tì:...~ plaintiff, (:IIARr.r:;s R..WOOD, the defendant, 3 O't_"'I A CORPO?A'l'ION , ~nd others, entered into a c~rtain r~$tric~iv~ C(~\~"Jn an t ag r.¿: Cf.!a n t dated Deceæber 6, 1965"which agreement pur·- ?ortcå to restrict the use of prnpert;y O\..nec1 by c1efenda,nt, Drytn:A. CO~.l'()RATIO~~" arÙì. occupier] by C::~feZ1è.ant, A'l'I.A:-iTIC RICHFIELD cœ·PA.NY, which pro,¡?erty is locat.ed in thø To',·m of: Qt1e!:~nsb-u~ r \"'ar~an County, ~'~C'i1 York, and ~nœrŒAS, s'.lbsë:qm~nt. to th~ executio::i of the said agree- I I:'lent, the defendant, BeVIA CeRPOp,,'\TI()~r, d1;:1 ~rect. n g~1.s~'15.ne' '/ station on the saià pr(~mises accordinc¡ to ~ tlColoilial èc::;ign", i as i~~ cust.o:':!.aril~l unè~rstood., ~hrou'J'h t~c u::;c 0:( red. c.r.:i.d:. aHd I. \':hi te trim, and II· I ~';rŒREAS, subsequent to Octob~r 1, 1'176, 1:he dE'~fen(1ants I reconstructed .:md r~àes1gned the' building on t.he s"id p-:'C!l~ises ny. PONTI". STEWART, RUOD.S 8r JUDGI ATTORNEYS AT lAW I 10 tlARLEM STRUT ":N'! C\I.1,5, "F.W YORK and changed its us~ from an automobil~ 5crvica station to il store / t;N-I1 ø IT') -e,.. il· . II I I I serving fast foods, hot foods and other grocery iteï:'ls, and also I a self-servic~ gasoline station, and '""--' " m!EREAS, the defenda.n ts chanç!cd the exterior èesigrr 0 E the building by painting the entire building white and installing orange and red panels, a~mings and £;ign$ on t:1~e- premißc!-~ ,.Hh5.ch. signs advertise hot foods a..?'].d fast f()odrr I and . '. ~~HEre::AS, the de.fendan ts made- applicë:I.t:ic>r! to the '1'm,,1') of Queensbury Zoning Board for the construction of a canopy over the self-service gasoline pumps, and ~'mEREAS, the plaintiff herein, on or about the 26th I day of August, 1977, co~~enced the nbove entitled action seeking I I I I to enjoin the defcndan·ts from viola.ting ,the r~strictive covanant agreement, anà, in p.:trticula"C, frot;) operating a restaurant, cafeteria and/or delicatessen store, from mainta~ning the exterior. or the building in other than "Colonial design", and from in- , ,I stalling a structu!'a in violation of the Het-back restrictions 'I I! I ;1 I contained in the said agrec~ent, and HìŒRE1\S, the plaintiff herein made npplication to this Court for a preliminary injunction herein, and the said prelirninar} injunction ,·¡ag granted by Order of Honorabh: Ni.lliam J. crangle~ dated August 31, 1977, and entered in the- ~7étrren Count.y Cler1:' s O~fice on October 14, 1977, and tbe defendants have filéd a Uotice of Appeal to the J\ppel1åte Di"isioTI, appeali,ng the said Order, and . Third Depart~~nt, tTHEREAS, the parties here to de-sire to en tc~ i.nt.o a settlement of this -clispute acceptable to them in this particular 'FRY. PONTI'''. STEWART. RHODIS III JUDGI ~ ATTORHliV.s AT LAW I 10 HARLIN STRIIT ,INS 'AlLS. HEW YORK I proceeding, without prejudice to the rights of the plaintiff, to I . '-' -- seek to enforce, and to enforce, any and all terms of the said r~strictivo covenant agree~ent relating to Matters not covered by this stipulation, Dnd without prejudice to the rights and duties of the parties hereto coth against and in favor of any p~r.ty to the said restrictive covenant agreemenc which is not Q party to this action, NOW, 'rr-ŒHEFORE, the part:il~s. hereto do hereby é'i.CJre~ é.l5 follo'iolS: FIRST: Defendants, ATLA~'TT!C RICHFIEI~D Cœ~PANY and DOVIA CORPOR.!\TIOri 1 agree not to erect, eause to erect r or parrait the erection of any canopy on the pre~ises knO\~1 as 52 Aviation Road, in the Town of Queensbury, viarren Cou;.'1.ty, No1.-., Yo~k" and further agree to r.'të1ke no appJ.ication to the Town of: Queensbury Zoning Board for pp.rmission for, or approval to, the construc- tiOD of a canopy on . ;) . sa~(. prerr.~!'3~s. SEcœm: Plaintiff, CH1\RL'ES PJ.~r::~.'!::S HOOD, agrees to 1 discontinue this action and forbear enforcement of th~ saiö restrictive covenant agreement as it relates: A. To the sale or se~dwi~hes on the premises, which are prepared off the pranises and are heated in a microwave oven on the prcniscsi B. To the use of the prewisu3 ~ ëlS a conv~nience ~Irocery store or mini-market; and c. To the constru~ion and maintenanc~ of the exterior design, as it presently exists, of the existing building. THIRD: The parties ,hereto agree. that this stipulation 'PRY. PONTIff. STEWART. .:..:.' RNODIS ð JUDGI ATTORNEYS AT LAW 10 HARLEM STRUT ;LENS fALLS. HEW YORK 12101 "RY. PONT"". ST~ART. RHODES 8r JUDGIE ATTORNEYS AT LAW '0 IIARI.IEM STRUT UNS 'ALLS. HaW YORK IZlGI "---"" ~ is not to be cons'tr'.1ed in any way as a modification (JoE the- Dé.~C'ember G, 1965 cov~nant agreement, which the parties hereto do h<::1.:'C'by agree shall remain in full force and eff.ect in. favor of, an.d against, all the parties thereto, but is to be con s1:rued only as a limitation on the ability of plaintiff, CHARL~S REEVES WOOD, to continue or rene~¡ the pres~n.t: action, or to com]'rH.~nc£;, Ü suh- sequent action based upon t,.Ì1e same allç~ged violations of the- restrictive covenant agreement as in the- present action,. and this stipulation shall. not in any way affect the rights of any other party to the said restrictive covenant agreement to seek to enfor-ce, or to enforce, any or all of the ten:"s of the said agrce- ment:, including any or all of the alleged violations of the said agreement as set forth in plaintiff's co~plaint. FOtTRTF!: The defendants, 7\.TI,l~·NTrC'" RICHFIET...D COPPl'.NY and nOVIA CORPORATIOn, ag~ee that in the e'T~nt thñt either o.f ther:t, their heirs, successor5 and/or assigns, should violate any of the . , tCrr:1S of this stipulation, then plai:ltiff shall be e,ntitlcd to bring an action for specific performance of, or to en:join a violation òf, the stipulatiory and, in add-i tion ,shall be free- to pursue all of the remedies set forth i~ the plaintiff's complaint I in this action, and in the event e1ût neither of the defendants, .J their h~irs, successors and/or assigns, shoul.d violate any of thi:~ terms of the said restrictiv~e covenant agr~ement relating to. mat~ . tars not covered by this stipulation then, in that event, the plaintiff in this action shall be free to pursue what~ver rcm~(lie9 may be available under the said restrictive covenant agreement ~ II i I I If or such violation, and, in addition, shall he fre~ to pursue nll I . Ff the remedies set forth in the plaintiff's complain~ in this !ùction, in ,,¡hleh e1ten t th~ defend~nts, i\'rr.A:,JT:rC RICHFIEL!"J CO>'f!?MIY land BOVIA COi1POP~WIml, agree that this stipulation ~hall not: con- I Istitute a waiver of plaintiff's rights and remedies as to the !matters s'~t forth .in the eOr:1plaint in this action, nor ~.¡ill the- defend.nts, or either of them, raise w,Ü'Ter, lache~ or the sta~ute of limitations as a defense in any such subsequ.ent âGti.on lor proceeding. " ''"--'" -- FIFTH: Upon the foregoing conditions,. the parties Ihereto do hereby agree to discontinue this action without costs to ~~y party as ùgai~st the other party, and t~is stipulation may be filed 'h'itho'.lt further notice t,¡ith the C18rk of the Court.Defendar. appellants agree to discontim:e appeal and consZf1ï,/lrèer :~J1¡a(lf!her ___- ' lm~)lý¡rl,iii!~ Y1 p _ C~lßÆS Ri:,~~ \7BS \··;0.515 " ¡Dated: I I I I II Dù t¿:.(~ - ¡; Attest: Ii. . . .If' " . ,I'!)ated: , 1973 ATI,1\~j·T.'IC RICHFIEr..D cm:'!'.i\?~Y ,,-..., /'T,? .I . " '-, ,/ ~<:-- ..."7- ~'/.4: .' Yo r ;>? ',' /' /. . .oJ ¡ ,~- , I"" /' f/;"._ . /;;' :~.. . f\..C:."· '-'-r-~~-~---'~------ As 1~~ V1ce Pres1dent Ey s I /'¿/"~ P4/.'/. "d /' ~/t?.:.¡,~/, /[/' Secretary " r 197:3 BOVIA. CO:U>01'?.JYfIm¡ As -:7!r yv-.-,t J.{Ù'@b-- its --h ¡=- /t-J J . ~14,..s: . 'll Il....t-... .l p I"~'-"'v{ :.' ay , . , , ", . ..,,' .::.... [' ,,/ S'I'ATE OP m~'.-: YOR!'(} ) COm¡r2Y OF m\!lREN ) 55. : On this ~~._- clay ðf }JJtM.....:.j_ , 1973 I be.Eore ma per- . ' sonally appeared CHt"\!"t;:'ES P2E'lES HOOD to me kI}o,'¡11 and kn O~~'!l to rr1~ tc I . . be the same person described in ancl ,'ò'ho e:~ecu ted the foregoing "RY. POHT.". STEWART, RHODIS a JUDGE ATTORNEYS AT LAW 10 HARL!M STRUT I ;UflS FALLS. HEW YORK " II mOl II i> II . . . --- ---' stipulation and he duly acknowledged to me that he executed tlle . , . . same. , ',71 >. ¡ l ~_ )'Î~'" ..,/T" .' _ .Uß ,_.~.I ~¡&.-"\1 ~IO{~RY' ':r'~B&IC - U' COm'!ONHE~..LTH OF PEnNSYLVA:-HA) ) COUN'l'Y OP PHILADELPHIA ) S~) ,. ~ On this 9th 'day of May r 1978, before' me _.._--_..&:...._- personally ca.:"iie I to 'me knm,rn, ,~.,ho being P. M. pitts by me sworn, did say that he resides 8 Buttonwood Way, .!10ylan, __yennsyl,yania ; and that he is t;he vice President ,of A'!'LA:1TIC, RICHFIELD Cm1PA~'¡Y, the corporation described in and \.;rhich executed the for'~goip'q stipul:l tion ¡ tha t he }:nm.¡s the se,:ll lof the corporat.ion! t?1"'t·c t.he :5f::.3.1 affixed to the sti.pulation is the corpora te se.:Ü j t~'lat it ,,;'as so a Efixcc1 by order of the Board of Direc·tors of th~ corpora tion; an!"1 that he signed his name d~erùto by like order. ./ /'"-]./1" £ ~# '~" . ' ':.' -., ,., , . /_ .:-0 ....~. , . ,.. '':''/(?~~'''''ff ~ 0cl Z&"/L..-£'.:I':.:' }mTl\R'~ PUB'LIC:' . .;;.:~y ~U~·)~.·:;. .' .- '. STATE OF NEÞ1 YORK) ) COŒ,1TY OF ~m;;'l YOrn~ On this _! S J~ ~.:~.: ~.:I::;::J ~.:,~:~~~: r , 5S. : ;4.: ~·i~·"~·;. :.1 ;l;::"':-S .':.::~:,:~ ~!. 'J7~r personally CéU!..e SA""~H~. s. day of 'ì")/2~~_, 1973, before T! I=: a I / k2"-'f I to r..e knm.,n, ~.¡~o being by me S\vorn, did say that he resi.des 9!..f ~ I 6~~~...J: P/ot.-U£.J_~_ is the _,Pl'cL...1..1 '~...,A._.r-_ .t~J¿e!'· r-)1.t.~..~·j!..Ö I ; that he of BOVI.i\ CORPOR1\.TIŒ·1, the corporation described in and "Thich "RY, POHTIF"SnWART, exC?cuted the foregg,ing stipula tion i thù t he k:10';vS thc~ seal of th~ RHODES a JUDGE ATTOIIHIYS AT LAW to HARLEM STREET LEKS FALLS. IIEW YORI( 1%801 'I I " '-, - forporation; that the seal affixed to the stipulation is the corporate seal; that it \.¡as' 50 affixed by order at th~ noarc1, of ,Directors of the IbY like order. corporation; and 'that he signed his n<:lme thereto ~J.~~ l/WVQJ N()'l'ARY PUBT..IC ' . ."," I,:', ," , 1"" ,':::' ",,:', I: (" . . . .. ..... I \ ", t::.:::::ff::';~~;~f~~i;;i:~:,; cr:rtn\:,··~t~:~ :..~.~:: ¡;.':) I:.~·...... '" . " ' 0". ''I :1 , " " .... " .' . -:I C&nu Y' THAT I HA....'1:: COMPARED THIS CO wm-:: THE ORIGINAL AND THIS IS A A D CO~ PL E PY THEREOF." 'FRY, PONTI", STEWAltT. RHODES & JUDGE ATTORHI!YS AT lAW 10 HARI.IM STR!!IT _1.1"' FALLS, "EW YORK 121101 p II '--' --.-' ARTICLE 8 ~ GENERAL EXCEPTIONS Section 8.010 General Exception to Minimum Lot Area Requirements. Any non-conforming lot of record as of the date of this Ordinance which does not meet the minimum lot area and/or minimum lot width requirements of this Ordinance for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required, provided thata As of the date of this Ordinance, such the same ownership. provided however, ownership shall be treated together as does not apply to subdivisions approved approval of thi8 ordinance. a lot does not adjoin other lots in that all such lots in the same one lot except that this provision and filed prior to the date of Section 8.011 Exemption to Minimum Lot Area Requirements for Lots in an Approved Subdivision. Notwithstanding the provisions of Section 8.010 of this Ordinance. any non- conforming lot of record as of the date of this Ordinance which does not meet the minimum lot area and/or minimum lot width requirements of this Ordinance for the zoning district in which such lot is situated shall be exempt from such minimum lot requirements, and no variance shall be required. for a period of three (3) years from the effective date, of this Ordinance, if said lot is shown and delineated on a subdivision plat of land into lots for residential use, duly approved by the Queensbury Planning Board prior to the effective date of this zoning , ordinance of the Town of Queensbury and said final subdivision plat has been duly filed in the office of the Warren County Clerk in accordance with law. This section shall not apply to any subdivision which has not received necessary approval by the Adirondack Park Agency. Section 8.020 Review of PreexistinR Subdivision Followin~ Exemption Period as Described in Section 8.011. Section 8.021 Review of Overall Density. .. For the purpose of this Ordinance subdivisions will be reviewed for the overall density of the originally approved land area within said subdivision. This land area shall include all developable land including any proposed recreation areas. but excluding public right-of-w8Js dedicated for 'road. and undevelopable land luch al rock outcropl, wetlandl, water bodies. Iteep slopel or areas of high water table. See $ubdivision Regulations. End of Article 8 "- ',-- 95 k '/. Iii ~ IT )I.., '~ ----' ARTICLE 9 NONCONFORMING USES AND STRUCTURES Sect. Ion 9.010 Continuation. Subject to the provisions of this Article. a nonconform- Ing structure or use or a structure containing a nonconforming use may be continued and maintained in reasonable repair but may not be altered. enlarged or extended as of the date this Ordinance becomes law. except by site plan approval of the Planning Board. generally as follows: Section 9.011. A single family dwelling or mobile home may be enlarged or rebuilt as follows: A. All setback provisions of this Ordinance shall be met: and B. No enlargement or rebuilding shall exceed an aggregate of fifty percent (50.) of the gross floor area of such single family dwelling or mobile home immediately prior to the commencement of the first enlargement or rebuilding. Section 9.012. In no case shall any increase or expansion violate. or increase non-compliance with the minimum setback requirements of the shoreline restrictions. Section 9.013. This Article shall not be construed to permit any unsafe use or structure. or to affect all proper procedures to regulate or prohibit the unsafe use or structure. Section 9.014. Except as cited in 9.011. any nonconforming use may be increased only by variance granted by the Zoning Board of Appeals. Section 9.016. An existing structure which violates only' the area requirements of this Ordinance may be altered. enlarged or extended so long as such alteration. enlargement or extension does not violate the area requirements of this Ordinance. Section 9.020 Discontinuance. If a nonconforming use i8 di8continued for a period of eighteen (18) consecutive months. further U8e of the property 8hall conform to this Ordinance or be subject to review by the Zoning Board of Appeals. Section 9.~30 Change.' If a nonconforming use i8 replaced by another use (excepting th08e U8e8 specified in Section 9.020), Buch use shall conform to thi8 Ordinance. Section 9.040 Completion of Structure. Nothing contained in this Ordinance shall require any change in plans, construction, alteration or de8ignated U8e of a structure for which all preconstruct ion approva18 have been given prior to the adoption of this Ordinance. 96 \. \ ',,-- Jown oIQueen:JbuJ'rf n J{ò IJ /) , " , l" I.:"'. HI yo. \ \ ' t.~ ~t -NOTE TO FILE- Planning aDd Zoning Department, DATE "~" 1 -_ Application Number: \ ~L\ 6 Applicant/ProjectName: (<)To'(\\,;otùY'\ ()~ (~ / ~"t.1lÂv~~{V~ "t:-<2,co '-..)" / ~ \\QAi [v",' ~ \ So (\).. p'tt \,1 ~..d"- -\r:> C!^ nr;i-.o D '~ f.) ~{~\, '''\'(AJL \' " \ ,~, . '-' \' ) ('.I \~\-V'& ON ) ¡(JU I l\ \\n '\di 0' '\'" ~.~J') \,' . \' \~rð;.j\ '''\", () "",(?..f./y\J·,\,\\}r ,'--S V-CIIQ ¿i\~ 6.iV\rÀ cj-v u.s.. ~d 1)...<) C/.() D f\ ~ ('co. OL~ ¡') 1 err Ci1 N' r-{ , " ,:':'; '" " ";,' j , ,:, J.. . ~ BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 ,êYl//ß1l L..'" SETTLED 1763. .. HOME OF NATURAl. BfAUTY ... A GOOD PLACE TO LIVE 7j,)<,·.·_·:¡"¡""_·:'&¥··..i.~ -'rlti!WlMl 1 ,,~ '-''f -,' .. 1'7 ~~ ",-:'¡ .._'....,,~.~.....~...;....,"'..~ I·····-~··" '-W'k'_~- _i>~:'"'·.·;;;,..;¡.¡..;.\~~~'_.w:_¡,k. (' ~ JowYJ, 0/ QueeYJ,jbul'~ J ....::::..l. r.:;>. -NOTE TO FILE- Planning and Zoning Department DATE '1-" Application Number: ~'-\ S Applicant/Project Name: \0 \.J\ ,-\.-\. ,'i D \ /~ '(\ {', \ . \' \ ~,.~ ~\,^ --¡';,',',i , ~'".. . ''''\ ' ....,. 1\, ,- ~.... I;' ,! ( ¡,' , _~ ......,; '. ,,- ,f, I J';, ._~ f _....". " .;... I" ,i .: ._.. ~ ') \ í'" .\ ,) I ",,(' I Ii.,',}. f ..,r\.., .. .- ,~\", ( 0 0 (--\ £ i\.(._.¡, ( ( }, ':\'f) ~ s. {F¡'\ (',,/\( \ (,i\ Ie . ÎJ 1'. /J (') \.\ ..[\ (\ /~ 1" c:c.,\·V.t' . '", ;:) Ã.....,." .,... \, ,: , ,'1- -1> ,) I '.; .1// ,...,........f .. \, \"..," .. '>.,.-.-- J /'\ ',~~.vvvvt 4, \ ,V\CA.. \ J,u ,j '..J' " ,,; , , .:~', ~J ., BAY AT HAVILAND ROAD QUEENSBURY. NEW YORK, 12801 TELEPHONE: (518) 792-5832 SETT1.ED 1763. . . HOME' OF NATURA1. ßfAUTY . . . A GOOD PLACE TO 1.lve