1970-01-07
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MEETING OF THE PLP4'iNING BOARD OF THE TOWN OF QUEENSBURY
HELD AT
QUEÐfSBURY TOWN OPJICE BUI'-'DING
JANUARY 7. 1970, Wednesday
Presidinguo.go...o.~..............George Kushner
Presentooo..o......o..............Kirkpatrick, Little, Norton. Van Wirt
Absent.o.........o....Cto.....o......Sinnott
Guestsoo.o........o.â....o......o...K.11er. Phillips. Rdbertson. MCIllvaine
ooo..oo..o.o......o~..ó.....................~o.......o........0.00..0000.000..00
_~~~J1(Q ~:~S
1 (0 Minutes of las t mee~ing approved..
20 Kushner announced that Fred Austin has resigned. The Secretary will send
hlm a letter of appreciation for his capable services.
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30 Karl Van Wirt' welcomed as new lDØlaber to replace Paul Cushing"
ls.o Variance #150 by Carool. EquitiesCorpo):.tion ca Northgate..Plaza t:equesting
a fr.e-standing sign and a sigp.on 8: builð:l.ns. Norton _4~'..-otlQ~,.
sec:ond.ci by Van Wire and carried to APPROVE the free standi.n¡sign\>lithout
theneon.tubesaroWld the pylòn.:!titb J~\O'nashing of any 'o,t^tbesign, and
withou.tthesmal1 flasbi138 sipUt 'U\y~ng)'Çrispy Franch Fi.r$s.".. al1d "Triple
Thi<:k Sh!1kes'·~:Th. sign on tbebui.ldingia notapprovedo.···
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50 Varianc.ellSl and Specia~ Pe~~f17 ··Sun Oil Compan)'·a:t~;~~.. ~.Qrner:' Qf.
Glen-a,nd Glenwood Avenue 0 RlchardCrQR1n. aP1)¡earedreg.r~':lÙ$t~is q This is for
a neW. sign in connect'ion'with a' newbµ:l~di~' to replace pråi1f~ntþu.l1ding co
Little made a motion, seccn,tded ~yK4-Jcp.t;r:ick, andcarr1e4.tþ8PPt:'ove the.
over.siz~sign. aa a Variaftc:...· 1.hå· fla:~hing 8n:'O\f. ~ r.8volv1ngsignsar~ dis...
appr()~E!d as a Special Permit. the . sign.ill haVe ~o meet:~be8..t b~o.k require<=>
ment~Qt.thezonlng ordiuanc8o' ':.:,' !
60 VariancC!ltS2,.. ~tatte Bank of· A1.Þ$\y,·~r~.P.osa1. for atel1e.1f\~.B.pootb with drivec-
up w1.:ndC)WsatNorthwayPlaza~ :JøhÅMc..~'dret's. Arcbitec~;.·:appeared.on behalf
'of tþis... . (
Ad~~eøat9:05o
Reoconvened 9:100
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6 0 Cont~nued~. 'Van Wirt made a motiot\. ..e.coadttd by KirkPØ:trlck. an~' cap:ied to
disapi,roveas.. .Çhts will . create ada...rpu.- traf'fic' condltloQ.. iQ' an 'already
danger.ous ..r~~o Several, meaâber8.en~i.d t~t' tbi8pla.~a. . .reacbeda
8a~uration point as far as traffic andparki~ i8 concerned6:: .
7 0 Kusbtl$r made comments as follows:~
A trend, which began with theacJopt1ou of the zoning ordinance, baa
conti~ed and rèèently been evidenced by a most flagrant series of violations,
has alarmed llie where I feel it necessary to speak outo It he. become, not
by intention. but rather by, I' feel.. a desire to impose nO hardsblpto
recommendtbe grantl11g of variances, approve subdivisions ~and. generally give
favorable responses to .those issues within the provinc::e of tbePlanning
Bøar4 W'here,aD applicant bas already bepn work on h18pa1:'1;1cular project
priortoapply1ngo. Cttuversly. we have taken a firm line with those who
follow the requirements, of the'law an~ DÍakeapplication prior. to the comm....
encement of any coustructiono In other wOz;:'ds.. it appès.rsthe violator is .
rewarded and following the law meet., with. harsher dec1:.siotµJe . CEr~tainly. this
was not the intent of our ordinance and we as a Planning Board. should
reassess our position and att1tude8~hen confronted with this type of applic~
atiollo
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The ~at recent incident'involves QuAker Village which haa been a re...occuring
problem for almost one yearo At the 1nk1a1 meeting with Mr..Zemanek, he 'Was
advised that he .hòuld consult with the rlanning Board prior to init~ating
construction. Despite this ad''i.sement·, Mr 0 Zemanek has repeatedly stsrted
. (,·....",..^-.¡·-·.,.e·..~ -C'.1J·'P ."
...vül.._..L~... ... 1:'''''5- ,..J
Pa~e 2 - continuedGo,~o,
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new construction changing the concept tbat bad peen approved by the ,Planning
Board) prior to consulting the Planning -Boardo On Octo,ber 30 a le,tter was sent to
Mr.. Zemanek in part stating that, ,t~ you wish to add future buildings to your
development, you must submit a revised plot plan with the above infortr.ation
shown so ~~e can review this for approval of ~he revised development plan" 11
Despite this letter~ çonstruction of a new building commenced in late Novembero
At our Dec~er 3 meeting we were appraised of the construction by ~:o Phillips,
the Assistant Building Inspector 0 We advised Mr 0 Phillips not to grant a building
permit until the requirements of law had been satisfiedo
On December 9. Supervisor Solomon, who is also a prospective tenant in the new
building~ requested of me that a special meeting be called to expedite the
approval of this application.. I suggested December l5 and 80 a,dvised our
secretary to call a meeting fpr this date. Business called me, out of t,own for
the balance of the week and on my return, I found that a special meeting, tried..
nesday morning December 10. had been called without my knowledgec> At this meet<=>
ing, approval 't1.aS againgivel1 to a developÞ1ent after .the factc> We are setting a
very dangerous series of precedents,the course of which must be reverst!d if we
hope to insure an orderly attractive develop~nt of our tæ~ and avoid the
disasters th~t have befallen our older urban centerso Decisions based on the
COrru.l1UIlity good and not primarily individual $nrichment should be our criteriòn"
Goverr.ment is of laws not of men, and when we constantly bend the law to
facilitate individuals, no matter how well intendedjwe open a potentially danger-
ous Pandora: s Bm\:. If the law seems inappropriate or ill conceived, the law .
itself should bé changed rather than twisting the law to suit the circumstanceso
I also am concerned abo,ut Supervisor Solomon' 8 intercession in' an application in
which he has a personal int~resto I felt a conflict of interest existed which
disqualified hirn from participation in the· December 10 meeting;. ,
Good government cannot be ~ch1eved by merely having good laws. These laws must be
enforced. I hope these comments will be leept in mind, in our future determinations,,)
G. J. Kusbne.r, Chairman
Planning.Board
80 Discussed status of Sleight developments..
9. Little ûnd Van Wirt will visit thesigbt and report back on ~he Ski & Shore
de'\"elopment and proposed re-zoning. ;,
100 Next meeting February 4, 1970.
Adjourned 9:250
J 0 Arthur Norton.
Secretary
Planning Board