Loading...
2006-08-16 (Queensbury ZBA Meeting 8/16/06) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING AUGUST 16, 2006 INDEX Notice of Appeal No. 4-2006 Mitchell Cohen 1. Tax Map No. 295.8-1-2 Area Variance No. 42-2006 Ferraro Entertainment 1. Tax Map No.296.9-1-1 Area Variance No. 47-2006 Scott M. Rowland 2. Tax Map No. 308.12-2-31; 308.12-2-30 Notice of Appeal No. 5-2006 William F. Dator, Contract Vendee 7. Tax Map No. 240.5-1-31.2 Area Variance No. 44-2006 J & J Realty LP (John Behrens) 22. Tax Map No. 239.18-1-35 Area Variance No. 52-2006 Angio Dynamics, Inc. 31. Tax Map No. 297.8-1-10 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury ZBA Meeting 8/16/06) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING AUGUST 16, 2006 7:00 P.M. MEMBERS PRESENT CHARLES ABBATE, CHAIRMAN JAMES UNDERWOOD, SECRETARY RICHARD GARRAND ALLAN BRYANT ROY URRICO CHARLES MC NULTY MEMBERS ABSENT JOYCE HUNT ZONING ADMINISTRATOR-CRAIG BROWN STENOGRAPHER-SUE HEMINGWAY MR. ABBATE-And before we start, ladies and gentlemen, I do have a couple of administrative details I’d like to take care of. For those folks who are here for Angio Dynamics, I received a fax this afternoon from counsel for Angio Dynamics and he has requested the Chairman, and brought to my attention the fact that he unfortunately is unable to schedule to appear on time as the first case this evening. So consequently I will move Angio Dynamics to last case this evening. NOTICE OF APPEAL NO. 4-2006 SEQRA TYPE: NONE MITCHELL COHEN AGENT(S): STEPHANIE BITTER, ESQ. OWNER(S): MITCHELL COHEN ZONING: HC-INT. LOCATION: 1161 STATE ROUTE 9 APPELLANT IS APPEALING THE ZONING ADMINISTRATOR’S DETERMINATION OF JUNE 26, 2006. IN ADDITION A NOTICE OF VIOLATION WAS ISSUED ON JUNE 8, 2006 REGARDING OPERATION OF A PUBLIC PARKING FACILITY IN THE HC-INTENSIVE ZONE WITHOUT SITE PLAN REVIEW APPROVAL. CROSS REF: MANY WARREN COUNTY PLANNING: N/A LOT SIZE: 0.60 ACRES TAX MAP NO. 295.8-1-2 SECTION: 179-9-020 The second thing that I would like to bring to your attention, we have listed on our agenda an Appeal, a Notice of Appeal No. 4-2006, Mitchell Cohen, and again, at the eleventh hour this afternoon, 4:30 plus, a fax was received requesting withdrawal, and in that particular case, there is no action on our part and Notice of Appeal No. 4-2006 has been withdrawn. AREA VARIANCE NO. 42-2006 SEQRA TYPE: UNLISTED FERRARO ENTERTAINMENT, INC. AGENT(S): J. LAPPER, ESQ.; NORTHFIELD DESIGN & ARCHITECTS; JARRETT-MARTIN ENG. OWNER(S): ANTHONY & MARY SUE FERRARO ZONING: HC-INT. LOCATION: 1035 STATE ROUTE 9 APPLICANT PROPOSES CONSTRUCTION OF 20,858 SQ. FT. MINIATURE GOLF COURSE FACILITY AND ASSOCIATED SITE WORK TO EXISTING AMUSEMENT USE. RELIEF REQUESTED FROM TRAVEL CORRIDOR OVERLAY SETBACK REQUIREMENTS AND FROM THE MINIMUM PARKING REQUIREMENTS. WARREN COUNTY PLANNING: JULY 12, 2006 LOT SIZE: 3.5 ACRES TAX MAP NO. 296.9-1-1 SECTION 179-4-060; 179-4-040 MR. ABBATE-Finally, I have a request from the Planning Board of the Town of Queensbury, a motion requesting that they be Lead Agency for Special Use Permit No. 35-2006, and that is Ferraro Entertainment, and I have no problems with that. So I’m going to move a motion to request that we grant the Planning Board this request as Lead Agency for Special Use Permit No. 35-2006. MOTION TO REQUEST THAT THE ZONING BOARD OF APPEALS GRANTS THE REQUEST OF THE PLANNING BOARD TO BE LEAD AGENT FOR SPECIAL USE PERMIT NO. 35- , Introduced by Charles Abbate who moved for its adoption, seconded by 2006 Richard Garrand: 1 (Queensbury ZBA Meeting 8/16/06) Duly adopted this 16 day of August, 2006, by the following vote: th AYES: Mr. Underwood, Mr. Bryant, Mr. Urrico, Mr. Garrand, Mr. Abbate NOES: NONE ABSTAINED: Mr. McNulty ABSENT: Mrs. Hunt MR. ABBATE-The vote is five yes and one abstention. It’s moved to honor the request, the motion to request that the Planning Board be Lead Agency for Special Use Permit 35-2006, Ferraro Entertainment. NEW BUSINESS: AREA VARIANCE NO. 47-2006 SEQRA TYPE: II SCOTT M. ROWLAND OWNER(S): DANIEL HUNT ZONING: MR-5 LOCATION: 61 WISCONSIN AVENUE APPLICANT PROPOSES A LOT LINE ADJUSTMENT BETWEEN 2 PARCELS. RELIEF FROM THE MINIMUM LOT WIDTH REQUIREMENT (LOT A) OF THE MR-5 ZONE IS REQUESTED. CROSS REF.: BP 2006-445 WARREN COUNTY PLANNING: N/A LOT SIZE: 0.21; 0.10 ACRES TAX MAP NO. 308.12-2-31 LOT A; 12-2-30 LOT B SECTION: 179-4-030 SCOTT ROWLAND, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 47-2006, Scott M. Rowland, Meeting Date: August 16, 2006 “Project Location: 61 Wisconsin Avenue Description of Proposed Project: Applicant proposes a lot line adjustment between two contiguous lots. Lot 2 is 9,000 sq. ft. and has a lot width of 90-feet, while lot 1 is 4,000 sq. ft. with a lot width of 40-feet. The proposal would create two lots at 6,500 sq. ft. each with lot widths of 65-feet each. Relief Required: Applicant requests 15-feet of relief (for lot 2) from the minimum lot width requirement of 80-feet for the MR-5 zone, per §179-4-030. Parcel History (construction/site plan/variance, etc.): BP 2006-445: Pending, 1,144 sq. ft. mobile home (lot 1). BP 2006-446: Issued 7/14/06, for a 1,144 sq. ft. mobile home (lot 2). Staff Comments: The existing lot 1 is a legal, non-conforming parcel, with 4,000 sq. ft. lot size and 40-feet of lot width, where the minimum lot size required is 5,000 sq. ft. and the minimum lot width is 80-feet, in the MR-zone. The existing lot 2 is a conforming 9,000 sq. ft. with a lot width of 90-feet. The proposal would create two lots at 6,500 sq. ft. each with lot widths of 65-feet each. The increase to lot 1 causes a decrease in lot 2, which drops the lot width for lot 2 below the minimum required. No new lots will be created by this proposal. Each of the resulting lots would exceed the minimum lot size of the MR-5 zone; therefore, it does not appear that the character of the neighborhood would be compromised. The amount of relief requested is less than 20%, which is not considered substantial.” MR. ABBATE-Okay. I see we have someone sitting at the table. I’m assuming you’re Mr. Rowland? MR. ROWLAND-Yes, sir. MR. ABBATE-And would you be kind enough to speak into the microphone and tell us who you are and where you reside, please. MR. ROWLAND-Yes. My name is Scott Rowland. I live at 68 Wisconsin Avenue. 2 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-Okay. Now, Mr. Rowland, do you have counsel or are you doing this by yourself? MR. ROWLAND-Yes, I’m doing it by myself. MR. ABBATE-Okay. Basically what we do, you heard what our responsibilities are, and since you have not retained counsel, feel free that any time during this hearing if you have a question or something you don’t understand, feel free to ask us what it is, or if during the course of this hearing, there is something you feel that will strengthen your case, if you will, don’t hesitate. Just let us know, okay. Now, before I begin, for the record, I wish to advise you, and if you don’t understand this, let me know, that the burden of proof, that’s the duty to prove a disputed assertion, rests squarely on the shoulders of the applicant, not this Board. Do you understand that? MR. ROWLAND-Yes. MR. ABBATE-Please proceed. MR. ROWLAND-It’s pretty cut and dried what I want to try to do here. I mean, it’s nothing out of the normal, I don’t think. I’m just trying to make one lot equal to the other sized lot so I can put two homes on it. They’re for my relatives. So, you know, I’m not a contractor. MR. ABBATE-Okay, well, then what I’m going to do, I’m going to proceed, and then I’m going to ask the Board members if they have any questions for you. Do any Board members have any questions for Mr. Rowland? MR. URRICO-I do. The two proposed driveways are side by side. Is there actually going to be a common driveway? MR. ROWLAND-No. They’re going to be separated. That may change but I’m not positive. The one I’ve already got up, I don’t know if anybody went over and looked at it or not, that driveway will be where it’s at now. I’m considering moving the driveway to the other side of the lot or putting them side by side. I’m not positive yet. MR. URRICO-So this is not a set plan, then? MR. ROWLAND-Not 100%, but it’s close, other than the driveway. That’s about the only thing I can really change on it is the driveway, and that wouldn’t affect anything off of the road or any drainage problems or anything like that. I mean, it’s either going to be right next to one driveway on the other side or next to the driveway on this side. So it’s going to be close to somebody’s driveway, whether it be one or the other. MR. URRICO-On the other side is a dirt drive? MR. ROWLAND-Yes. MR. ABBATE-Okay. Any other Board members? MR. BRYANT-I have a question for Staff. You’re requesting relief for Lot Number Two, but in reality Lot Number One also doesn’t have the, and I know it was already substandard and did not have the correct lot width, but doesn’t that also require relief? MR. BROWN-That’s correct. MR. BRYANT-So both lots require relief? MR. BROWN-Yes. MR. BRYANT-Okay, because that’s not the way it’s stated in the. MR. BROWN-Staff notes? MR. BRYANT-The applicant requests 15 feet of relief for Lot Two, from the minimum lot width. MR. BROWN-It should say both lots. MR. BRYANT-Yes, okay. I just wanted to clarify that. 3 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-Okay. For the record, then, the Zoning Administrator has requested the record be corrected that this request should be for both lots. Okay. Any other members of the Board have any questions for Mr. Rowland? MR. GARRAND-Yes, Mr. Chairman, I have a question. Quickly, are there going to be porches or anything on the sides of these residences or are the entrances going to be front and back? MR. ROWLAND-The entrance is in the front, and there’s one on the side, but there’s going to be a stairway coming down off there. There won’t be any porch on it, just on the front. MR. GARRAND-Okay. So that doesn’t fall into the minimum setbacks where the side entrance is going to go, like a porch or anything there? MR. ROWLAND-It’s not attached to the home. MR. ABBATE-I don’t think he understands. You should explain. MR. GARRAND-Well, I was wondering if there was going to be any type of structure built on the side of the home that’s going to infringe on the setback. MR. ROWLAND-Just a set of stairs. MR. GARRAND-Okay. MR. ROWLAND-I mean, it’s just very, I don’t think it takes up two feet. It wouldn’t be a permanent structure. It would be, I guess, a set of stairs, if that’s what you’re asking me, yes. MR. GARRAND-Okay. Thank you. MR. ABBATE-Okay. Any other Board members have any questions of Mr. Rowland? If not, I’m going to open up the public hearing for Area Variance No. 47-2006, and would those wishing to be heard please raise your hand and I’ll recognize you and ask you to come to the table. Yes, ma’am, would you be kind enough to come to the table, please, speak into the microphone. Well, you have a choice, if you’re comfortable with staying there, that’s okay with me. PUBLIC HEARING OPENED HELEN WORTH MRS. WORTH-I’m Helen Worth, and I live at 59 Wisconsin Avenue. DONNA HERMANCE MRS. HERMANCE-I’m Donna Hermance. I’m Helen’s daughter. MR. ABBATE-Okay. You understand your role. You can tell us how you feel and each will have five minutes concerning Area Variance No. 47-2006. MRS. WORTH-To begin with, I’ve lived there for 45 years, and I feel that there isn’t enough room there for those two buildings, and really what I’m concerned about is the 10 feet that are supposed to be between my line and theirs. Because I don’t want anybody living that close to me. MR. ABBATE-Okay, and I believe you have something you wanted to say, ma’am. MRS. HERMANCE-We’re not sure of all the laws, you know, for the regulations and ordinances and all that. So just what is the, from her line, how many feet does he have to have for a structure, in between? MR. ABBATE-That’s an excellent question, and I’m going to refer that to the Zoning Administrator. MR. BROWN-If you’d like, I’d be happy to show her a copy of the map. I don’t know if you guys have seen the map that’s part of the application. I have one right here. 4 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-Craig, if you want to let the ladies have mine, that’s perfectly okay. MR. BROWN-This is Wisconsin. This is your property here, and there’s the building. MR. ABBATE-Okay. Let the record show that the Zoning Administrator, in conference with both ladies, the public, has described, I hope to their satisfaction, the answer to your question? MRS. HERMANCE-Yes. MR. ABBATE-Okay. Fine. So you’re satisfy that you have received an appropriate answer? Okay. That’s fine. MRS. HERMANCE-As far as that goes, yes. MR. ABBATE-Okay. Is there anything else you’d like to tell us? MRS. HERMANCE-I haven’t spoken to this man, but from what my mother says, tells me that this man has suggested putting up a fence and so I’m concerned about that, you know. She does not need her home blocked in, you know, and I don’t think that’s good either. MR. ABBATE-Okay. All right. Anything else you ladies would like to tell us? MRS. HERMANCE-Also he spoke about stairway on there. Of course, like he said, it’s 10 foot from the line. There’s no concern with that now. So I do understand that. That was a question for me, too. Is there anything else? MRS. WORTH-No. MRS. HERMANCE-Okay. MR. ABBATE-You sure? MRS. HERMANCE-As far as we can understand now, yes. MR. ABBATE-All right. I’m glad you’re satisfied. Thank you so much for your input. We appreciate that. Do we have anyone else in the audience who would like to address Area Variance No. 47-2006? Would you be kind enough to raise your hand, please. I see no other hands. Would you be kind enough to come back to the table, please, and did you hear the comments? Would you like to address those comments? MR. ROWLAND-Yes, I would. MR. ABBATE-Please. MR. ROWLAND-As far as the fence goes, I told her if she doesn’t want it up, I don’t have to put it up. It’s just something I was putting up as a barrier between the two yards. If it’s going to be a problem, it won’t get put up. MR. ABBATE-All right. So for the record you’re telling us that you’re going to honor the request of your neighbors and not put up a fence? MR. ROWLAND-Whatever she would like me to do, I will do for her. I mean, I’m not a hard guy to get along with. I explained that to her before. I said if she has any questions whatsoever, she can come and see me. She can set up an appointment with Craig and we can meet together. It’s not a problem. Like I said, this is for my family. I’m building this home for my family. So it’s not a major catastrophe that a fence doesn’t get put up. MR. ABBATE-All right. Do you feel that you’ve addressed the concerns of both those neighbors? MR. ROWLAND-I believe so. I think I have. MR. ABBATE-All right. Fine. Then do you have anything else you want to offer at this time before I proceed? 5 (Queensbury ZBA Meeting 8/16/06) MR. ROWLAND-Just that it’s going to improve the neighborhood. I mean, you’re talking two brand new homes. It’s not going to have vinyl skirting. It’s going to have cement block skirting. They’re actually going to, the home that I put in is an affordable home. It has R-38 in the roof. It has pole height ceilings, R-19 in the walls, R-19 in the floor, you know, I mean, it’s a very nice home. It heats very cheaply. It runs very cheaply. It’s an affordable home, which is what that neighborhood should have is affordable homes. MR. ABBATE-Okay. All right. Then I’m going to proceed, and before I ask any members to offer their comments, I’d like to inform the public that the comments that are going to be offered by members of this Board are directed to the Chairman only, and comments expressed by Board members to the Chairman will not be open to debate. Now I’m going to ask members to please offer their comments on Area Variance No. 47-2006, but before you do, may I please, again, respectfully remind the members that precedence mandates we concern ourselves with the evidence in the record to support our conclusions. And the evidence relied upon should be specifically stated. This is necessary for an intelligent Judicial review. Additionally, any position you may take must be based on the regulatory review criteria of our laws and not simply on subjective preferences or not liking a project, and due process guarantees that government ensure a fair and open process, and Board members make decisions on reliable evidence contained in the record of Board deliberations. Do I have a volunteer, initially, to make comments? MR. BRYANT-Thank you, Mr. Chairman. I’m in favor of the project. It’s logical to make both lots about the same size. It also it actually, it’s the same nature of the character of the neighborhood. So it’s really not taking anything away from the neighborhood. So I’m in favor of it. MR. ABBATE-All right. Thank you very much, Mr. Bryant. Mr. Garrand, please. MR. GARRAND-Yes, I’d be in agreement with my fellow Board member. I don’t see how the applicant could achieve this by any other means feasible. It will not, in any way that I can see, change the character of the neighborhood. I would also be in support of this project. MR. ABBATE-Okay. Thank you very much. Mr. McNulty, please. MR. MC NULTY-I can basically echo what’s been said. It struck me that this certainly wouldn’t change the character of the neighborhood. It seems to be fitting with what’s there. There seems to be a logical reason for doing it. So I think the benefit to the applicant is clear. I don’t see any detriment to the neighborhood. So I’d be in favor. MR. ABBATE-Thank you very much. Mr. Urrico, please. MR. URRICO-Well, I’d like to agree with my fellow Board members, but I have a problem with the applicant still being undecided about the driveway. I think if the driveway is where it’s going to be, that’s fine, but if you’re moving it to the outside, that sort of pushes the houses closer together and creates an alley affect, and I’m not sure I can go along with it, under those circumstances. So unless we have an absolutely positive plan, I’m not going to go along, I’m not going to be in favor of it. MR. ABBATE-All right. Thank you very much, Mr. Urrico, I appreciate that. Mr. Underwood, please. MR. UNDERWOOD-As depicted on the plan, I think it’s a great idea, and as mentioned by the applicant, too, I think it’s important for us to remember that affordable housing is available in Town still. So I think that, even though you’re going to be a little narrow, this still meets the minimum lot size. So I’d be all for it. MR. ABBATE-Okay. I concur with the majority of the Board members. I think it’s an admirable approach. I like the idea that you’re willing to work within the spirit of cooperation with your neighbors, which I think that certainly is something to be said for, and I think if I were in your position, quite frankly, I would probably request the same thing. So, based upon that, I’m going to support the application. I’m going to move on now and I’m going to close the public hearing for Area Variance No. 47-2006. PUBLIC HEARING CLOSED MR. ABBATE-And I’m going to ask for a motion. Again, I want to respectfully remind the members that we have the task of balancing the benefit of the variance against the 6 (Queensbury ZBA Meeting 8/16/06) impact on the area, as well as the fact that State statutes spell out five statutory criteria that must be carefully considered in deciding whether to grant an area variance. Please introduce your motion with clarity. In the event a member does not understand the motion as stated, please advise me and I will request that the motion be repeated. Do we have a volunteer to moving a motion for Area Variance No. 47-2006? , MOTION TO APPROVE AREA VARIANCE NO. 47-2006 SCOTT M. ROWLAND Introduced by Charles McNulty who moved for its adoption, seconded by Allan Bryant: 61 & 65 Wisconsin Avenue. The applicant is requesting a lot line adjustment between two contiguous lots. Lot Two currently is 9,000 square feet and has a lot width of 90 feet. Lot One is 4,000 square feet and has a lot width of 40 feet. The proposal would create two lots, each 6,500 square feet, and with 65 feet of lot frontage. Specifically, the applicant needs 15 feet of relief from the minimum lot width requirement for both lots, Lot One and Lot Two, in the MR-5 zone, and in considering this request, one factor is whether an undesirable change will be produced in the character of the neighborhood, and I think we’ve agreed, essentially, that there will not be an undesirable impact on the character of the neighborhood, that the proposal is in keeping with what currently exists in that neighborhood. Whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, I guess there is a possibility that the applicant could stay with what he’s got at the moment, which would create some problems about positioning one of the homes, I suspect. So that may or may not really be practical, but the proposal is reasonable, with few alternatives. The request is not substantial. We’re only asking, or allowing relief of 15 feet out of the 80 that’s required. The proposed variance is not going to have an adverse effect on the physical or environmental conditions in the neighborhood, and if the applicant is going to use both lots for house lots, I think we can say that the difficulty is not self-created. It’s a current condition that exists that needs adjustment. So, on those basis, I move that we approve Area Variance No. 47-2006. Duly adopted this 16 day of August, 2006, by the following vote: th AYES: Mr. Garrand, Mr. Underwood, Mr. McNulty, Mr. Bryant, Mr. Abbate NOES: Mr. Urrico ABSENT: Mrs. Hunt MR. ABBATE-The vote for Area Variance No. 47-2006 is five yes, one no. Area Variance No. 47-2006 is approved. Thank you very much. NOTICE OF APPEAL NO. 5-2006 SEQRA TYPE: N/A WILLIAM F. DATOR, CONTRACT VENDEE AGENT(S): JOHN H. RICHARDS, ESQ. OWNER(S): JAN’S SIX, LLC ZONING: WR-1A LOCATION: 2583 EAST SHORE DRIVE APPELLANT IS APPEALING THE ZONING ADMINISTRATOR’S DETERMINATION IN A LETTER DATED JUNE 15, 2006 IN REGARDS TO EXPANSION TO THE STORAGE USE ON THE PROPERTY. PROPOSED USE WOULD BE FOR ENCLOSED BOAT AND RV (AND OTHER VEHICLE) STORAGE. THE STORAGE OF VEHICLES IS NOT AN ALLOWED USE AND THE INTRODUCTION OF AN ADDITIONAL STORAGE USE OR THE EXPANSION OF A PRE-EXISTING, NON-CONFORMING USE WILL REQUIRE A USE VARIANCE. WARREN COUNTY PLANNING: N/A LOT SIZE: 13.48 ACRES TAX MAP NO. 240.5-1-31.2 SECTION: 179-13-010 JOHN H. RICHARDS & MICHAEL MC LAUGHLIN, REP. APPLICANT, PRESENT STAFF INPUT Notes from Staff, Notice of Appeal No. 5-2006, William F. Dator, Contract Vendee, Meeting Date: August 16, 2006 “Project Location: 2583 East Shore Drive Description of Proposed Project: Appellant is appealing to the Zoning Board of Appeals relative to a July 10, 2006 decision made by the Zoning Administrator regarding the expansion of a pre-existing, non-conforming storage use. 7 (Queensbury ZBA Meeting 8/16/06) Staff comments: The information supplied in support of this appeal is limited to the Appeal Application, a June 15, 2006 letter from John Richards to Craig Brown and a July 10 letter from Craig Brown to John Richards. No maps, photos, deeds, affidavits or other plans or supporting materials have been submitted. Per the appellants June 15, 2006 letter requesting a determination from the Zoning Administrator, the proposed usage of the subject property is offered to be storage for boats, RV’s and other vehicles. It is the argument of the appellant that the pre-existing boat storage and the previous construction company usage of the property which included storage of business vehicles and equipment, now allows them to operate a public storage facility at a higher intensity than the previous use. It is the position of the Zoning Administrator that the addition of vehicle storage and RV storage together with, most likely, an increase in the number of boats stored on the property constitutes an expansion of a non-conforming use and that such an expansion of a non-conforming storage use requires a Use Variance from the Zoning Board of Appeals per §179-13-010, D.” MR. UNDERWOOD-I’m going to read those two letters in so the public has knowledge of what’s included in them. This letter was dated June 15, 2006 from John Richards, Attorney and Counselor at Law, “Dear Craig: I represent Mr. William F. Dator, the contract vendee of the above parcel owned by Jan’s Six, LLC. The property is located in an WR-1A zone and is presently improved by the Scott McLaughlin Equipment Sales building. I am writing now to request your opinion, and, if necessary, that of the Zoning Board of Appeals with respect to Mr. Dator’s proposed use for the premises. Mr. Dator intends to use the premises for enclosed boat and RV (and other vehicle) storage. To this end he plans to replace the present building with approximately 100 storage units. These units would comply will all applicable setback and area requirements. For many years the property has been used for both inside and outside boat and equipment sales and storage, and there are boats presently stored there. We believe that the storage use proposed constitutes a continuation of this existing nonconforming use and is therefore allowable under Ordinance Section 179-13-010. Would you please let me know if the proposed use is permissible without a variance as the continuation of a pre-existing, non-conforming use. If you would prefer that the Zoning Board make this decision, would you please place this matter on the agenda for the July Board meeting. Thank you very much for your help. Very truly yours, John H. Richards” And Mr. Brown’s I am writing to you return letter in response to that was as follows: “Dear Mr. Richards: in response to your June 15, 2006 letter of inquiry relative to the above referenced property. The property in question lies within a Waterfront Residential, WR-1A zoning district within the Town of Queensbury. A marina, which can include boat storage, is listed as an allowable use within the WR zone. Vehicle storage and the storage of other items is not listed as an allowable use in the WR zone.As I understand your proposal, Mr. Dator wishes to develop a storage facility for the storage of boats, recreational vehicles and other vehicles and that such a project will entail the construction of building suited with approximately 100 storage units.Upon review of the current Town of Queensbury Zoning Ordinance I find that your proposed use, as described in your June 15, 2006 letter, may require a Use Variance. From the information submitted, it appears as though the proposal includes an expansion to the storage use on the property. While there may be some substance to a continuation argument with regards to boats, the storage of vehicles is not an allowed use and the introduction of an additional storage use or the expansion of a pre-existing, non-conforming use will require a Use Variance. Should you have any further questions or comments, or if you have any additional information that may have bearing on this determination, please do not hesitate to contact me. Sincerely, Craig Brown” MR. ABBATE-Okay. Thank you. Would the appellant for Appeal No. 5-2006 please approach the table, speak into the microphone, and state your name and place of residence, please. MR. RICHARDS-Mr. Chairman, I’ve got some photos here. MR. UNDERWOOD-You can pass them around so we can take a peek at them. MR. ABBATE-Yes, if you want to, pass them around. Feel free. We’re somewhat flexible. 8 (Queensbury ZBA Meeting 8/16/06) MR. RICHARDS-Thank you, Mr. Chairman. My name is John Richards. I’m the attorney for William & Linda Dator, both Dators, in connection with this Appeal. MR. ABBATE-Before we start, Counselor, let me bring this to your attention. For the record, again, I wish to advise you that, and I’m sure you’re well aware of this, that burden of proof, the duty to prove the disputed assertion, rests squarely on the shoulders of the appellant and not this Board. You understand that? MR. RICHARDS-Absolutely. MR. ABBATE-You’ve got it. Would you proceed, please. MR. RICHARDS-Certainly. MR. ABBATE-Thank you. MR. RICHARDS-And actually appeal seems a little harsh. We’ve been touching base with Craig for the last couple of months and getting some feedback from him and wanted to also run this by the Board. Obviously we don’t agree completely with Craig’s position or we wouldn’t be here, but it’s been a constructive approach, I think. Bill Dator is sitting next to me on my left, his wife Linda is in the audience. They have contracted to buy this property, the McLaughlin parcel. They live right next door to it on the north side. They have a summer home, seasonal home on the north side, and they would like to purchase this, and, as we’ve said, use it for enclosed boat and vehicle storage. Craig had, I think, said that there could be an argument for continuing it as just boat storage, and it may even just come under the marina category anyway. Frankly we think it does, if we did just boats, but the crux of this concern seems to be on whether we can use it for any other vehicles besides a boat, and that’s really why we’re here. We believe it is a continuing use, and we believe, rather than a change of the use, what we’re doing is cleaning up what’s there and re-focusing it, and really that’s really the issue here is what’s the character of what’s there and how do our plans relate to that. What’s there, I tried to show, I couldn’t, you’ve probably all driven by it and are familiar with it. We also had a couple of aerial shots, one of which is a black and white, unfortunately, but I’ve been passing that around, as well as the top photo on that setting of photos and I can’t tell from here who’s got it, but in any event, there it is, right next to Craig, on the top photo there, it’s a little hard to see, but if you’ve been by it, you’ll notice that most of the vehicles on the outside have been removed. They were taken away, I believe, last summer, in connection with offering this property for sale, but they could, in my understanding of the Ordinance, just as quickly be put back, if the McLaughlin family chose to do so, and for many years, again, based on what I’ve been told, it was used for that truck and sales and equipment storage, and as you can see particularly from the black and white photo, all kinds of various vehicles stored there. Some functioning, some not functioning, some boats, some construction materials, trucks and vehicles, trailers of all kinds. They’ve rented parts of the inside and outside for boat storage, continuing throughout this period. That’s the character of it. Storage, rental, all kinds of vehicles, not just boats. Well, we want to keep that character, the principle behind it, but we want to make it into a really attractive and upgrade of what’s there, and to do that, what Mr. Dator plans, he’s done a lot of research, he’s had that site tested, both for environmental purposes, you may know there was construction debris dumped there and covered over, not surreptitiously. Everyone knows it’s there, and it’s all been tested. He’s had the wetlands delineated. He’s really done his homework, and then he’s gone into and studied how do these covered, enclosed storage units work, and it’s a fairly new concept in boat storage, but it’s a very clean concept. It’s a very environmentally friendly concept. You don’t see the boats. It’s, the old sea of blue tarps throughout the nine months of non boat use is gone. They’re all inside. They’ve worked hard to come up with a proposal that will be attractive to the neighborhood. As you can see from the handouts, these preliminary sketches are of kind of an Adirondack theme. It’ll blend in as much as possible. It’ll be a much better upgrade than what’s there, but the same character. It’ll be inside and attractive, rather than outside and in disarray. That’s really it. That’s what we plan to do. It’ll be about 100 units. This is a 13 acre parcel in total. Plenty of room. What we’re doing is completely within the applicable setbacks. We think it’s a great project. We’re excited about it. We think it’s clearly in the same vein of what’s been there in the past, and we’d ask the Board to exercise its judgment in addressing this and let us know if they agree with us. MR. ABBATE-Okay, and that’s your opening statement so far to this point? MR. RICHARDS-That is. 9 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-Okay. Mr. Zoning Administrator, would you like to respond? MR. BROWN-Yes, just for a quick second I guess. I guess just to focus again on why the appellant is here. I’ve made a decision. They’ve disagreed with it, and I know that I don’t need to remind you guys what you’re doing here, but it’s to decide whether I made the correct decision, not to decide whether what they’ve offered is an allowable use. I’ve already decided that. You need to decide if my decision was correct based on the Code. So I guess just to focus on that a little bit, and a little bit of discussion about what types of storage occurred on the property previously. A lot of the information you’ve seen tonight, probably most of it, is not something that I was privy to prior to making my determination. We did meet. We had some, I guess, concept level discussions, had some preliminary architectural drawings maybe, really no historical evidence that from this date to this date we stored this many boats on the property, here’s the contracts we’ve had with people to store boats. So there’s really no documentary evidence that really establishes any background for a storage use on the property. Other equipment, other vehicles stored there, it’s my understanding, and again, no other evidence has been presented, that all that equipment was to do with the McLaughlin equipment sales or rental or construction company. It was company equipment, not that it was there and being stored as a rental location for somebody else to store their equipment there, so, again, none of that information has been presented or proof to that effect. So that’s why the decision was rendered. MR. ABBATE-Let me interrupt you for a second. Do you have access, have you been provided all the information that has been provided to the Zoning Board of Appeals? MR. BROWN-Like I said, I think all the photos and the, I’m not sure, I only saw one of the Board’s that went around, the photos are new to me. We didn’t view those when we had our conversations. MR. ABBATE-Would you like time to review those before we proceed? MR. BROWN-No. MR. ABBATE-Okay. At this point, is there anything else you’d like to say? You’ll have another opportunity? MR. BROWN-Not right now, thank you. MR. ABBATE-Okay. MR. RICHARDS-Mr. Chairman, can I just say one thing? MR. ABBATE-By all means. MR. RICHARDS-We do have a member of the McLaughlin family, Michael McLaughlin, who can also speak to that issue as well, who’s hear tonight. So we’d like the opportunity to have him speak before we’re done with our presentation. MR. ABBATE-Do you wish him to speak as part of your party or as part of the public? MR. RICHARDS-I think as part of our party. MR. ABBATE-Okay. MR. RICHARDS-Because he can further clarify. MR. ABBATE-Where is this gentleman? Would you be kind enough to come up here, please, and speak into the microphone and tell us who you are and what your relationship is to this particular case, please. MICHAEL MC LAUGHLIN MR. MC LAUGHLIN-Yes, my name is Michael McLaughlin, lifelong resident of the Town of Queensbury. My family purchased this property in 1950, my dad. I’d like to give you just a short history of the various uses that the property’s been put towards. It is true that we have done a lot of storage of boats and/or vehicular storage on a very liaise faire basis. I’m not going to deny that. We don’t have a hard paper trail. A lot of these were cash deals. We did have some checks issued from different boat storage people that made use of the property, but we do have a historical continued use of storage boats, 10 (Queensbury ZBA Meeting 8/16/06) which really became at its heaviest from the mid 70’s and continued right up until we shut the construction business down. At that point my sister’s and I took over the storage responsibilities and we’ve had a continued use of storage of boats since then. It hasn’t been the largest, but it has been consistent, and I maintain that, you know, we’ve used the property. We have rented space out for different job trailers for contractors in the area who wanted a place to stage their equipment. As recently as last year when they did the overlay on Pilot Knob Road we allowed for a nominal fee again, nominal fee, on a handshake basis, we allowed the construction company that had contracted that work for the overlay of the entire Pilot Knob Road to stage at that area and store materials. We’ve allowed a number of contractors over the years to store equipment there on a part-time basis. We have, you know, went to great lengths to clean up the leftovers from trucking equipment sales. There were a lot of pieces of equipment there. A few of them, I would say probably 20% of them, are running pieces of equipment that were for sale, and we went to a lot of personal expense to clean this up, not realizing, of course, that we were jeopardizing our status as a nonconforming use or possibly jeopardizing it. Our last vehicles were moved out by trucking equipment and sales by last May, May of 2005. Again, I’m not going to dispute the fact that we don’t have a hard paper trail, but anyone that knows us in the area knows that we are people of integrity. I’m not going to sit up here and lie in front of the Town Zoning Board of Appeals. I mean, there’s no point in that. Like I say, we cleaned the property up. Mr. Dator approached us via a realtor. I feel that, you know, the boat storage, yes, it’s above and beyond what we wanted to do, but really our existing building is an eyesore, and it really does detract from the character of the neighborhood. I think a well run, well maintained facility, and I know that this is a man of means who likes to do things the right way. I think it would really enhance the property, and to be perfectly honest with you, I don’t think there’s a lot of interest to buy a piece of property and develop it as a subdivision when it’s built on an old construction debris dump. We’re kind of between a rock and a hard place, and it is our belief and our shared belief between my sisters and I, that this property always has been used for commercial purposes, ever since my father bought it, and that it is currently being used for commercial purposes and should continue to be allowed to be used for commercial purposes. We’re being taxed as a commercial entity. I believe it is code category class 433 Motor Vehicle Repair Shop, and we have had that status for some time. We have paid our taxes. We’re not delinquent, and we’ve never challenged that rating that we’ve had. As far as, you know, what the final determination of this Board will be, that’s certainly out of my control, but I really believe that the property is just going to get more and more run down over the years, as it goes on, and the existing building, I believe, should be put to good use. MR. ABBATE-Prior to this hearing, have you shared this information with the Zoning Administrator? MR. MC LAUGHLIN-Well, I spoke with Mr. Brown twice, once with John Owen, who was considering buying the property a few years back, that was prior to the clean up, and I spoke to him again afterwards, and the subject of storing vehicles there was never brought up because that was never a wish of Jan Six. We did discuss the idea of extending the storage of the boats, and I just, you know, we’re zoned Waterfront Residential, which really, you know, I understand the reasoning behind it, but in reality the rear of the property that borders Lake George is all wetlands. Also Mr. Brown’s letter states that we are, an approved use would be as a marina, and again, we have to go through the wetlands to get to the lake. So we really have no recourse to develop the property in any kind of a marina capacity, other than boat storage, and I think Mr. Dator would, I really believe that this would enhance it, and really the person that would probably be impacted the most by it is me. I live directly across the street from it. So I know there’s going to be some reservations from the local people, but I think it’s consistent with the area. There are six marinas within five miles. Boat storage space has become a real issue in the area, especially with, I believe Fischer’s Marina is planning on shutting down. There’s a need for this type of facility on the east side, and I believe it would serve a lot of people that really have no other recourse. They can’t afford docks, and have no way of getting to the lake, so to speak, other than to store their boat in their own yard, so it’s our opinion that this is really going to provide a service. MR. ABBATE-Okay. Do you have anything else to add at this time? You’ll have another opportunity later in the hearing. MR. MC LAUGHLIN-No, sir. Thank you very much. MR. ABBATE-You’re very welcome. Anything else you want to add at this time, Counselor? 11 (Queensbury ZBA Meeting 8/16/06) MR. RICHARDS-No, Mr. Chairman. I just thought it was a good point he brought up about the tax assessment, too. MR. ABBATE-Okay. Fine, then I’m going to continue. At this point I’m going to ask Board members if they have any questions concerning the Appeal No. 5-2006, Mr. Dator? MR. URRICO-I have a question about semantics and some legalese. I’m not really sure what we’re appealing. Because the initial letter to Craig Brown from Mr. Richards asks for his opinion, and in response, Mr. Brown says that this may require a Use Variance. Are we responding to a specific ruling? MR. BROWN-Yes, I guess, if that question’s for me, I think one of the last sentences in that same letter that says the expansion will require a Use Variance. There’s a definitive answer in there. It’s maybe not as clear as it could have been in the letter, but my position is that it does require a Use Variance. MR. URRICO-But did they actually apply for anything? MR. BROWN-No, not yet. MR. URRICO-So what are we responding to, just as a question. MR. BROWN-Well, I can give you my side of it. I rendered a decision. They don’t agree with the decision, and they’re coming to this Board to see if my decision was correct. MR. ABBATE-We are going to determine, hopefully by the end of this evening, whether the decision of the Zoning Administrator is consistent with the local ordinances. MR. URRICO-Decision and the answer of his question. MR. ABBATE-Correct, Roy. MR. RICHARDS-We don’t think that storing boats, doing what we plan to do, boats and RV’s, that kind of thing, enclosed storage, requires a Use Variance, and Craig has taken a position it does, and that’s why we’re before the Board. MR. ABBATE-Okay. Roy, are you okay at this point? MR. URRICO-There’s been no formal application, yet, that’s been ruled upon. MR. ABBATE-There has been an application submitted by the Attorney to. MR. MC NULTY-It’s not an application, but it’s a decision made by the Zoning Administrator. The Zoning Administrator decided that this requires a Use Variance. MR. ABBATE-Right, and based upon the information the Zoning Administrator received from the appellant, he has made a decision, and we’re here this evening to determine whether or not the decision by the Zoning Administrator, based on the information submitted in the letter from the appellant, is correct. MR. URRICO-Okay. MR. RICHARDS-And I do want to stress, Michael McLaughlin wasn’t with us when I met with him and we didn’t have some of these photos, so there’s some things tonight that he didn’t know when he made the decision. MR. URRICO-And Craig didn’t see the plans until tonight. MR. ABBATE-Well, that’s why I said, if you’ll notice earlier, I was very concerned that the Zoning Administrator be on par with everybody else. He should have had access to all the information prior to this hearing, because I would have demanded that the appellant have access to all the information from the Zoning Administrator. It’s a double edged sword, but I suspect and I think, unless the Zoning Administrator tells me differently, I think he may be at a disadvantage. MR. BROWN-No, I’m not sure that I’m at a disadvantage. I think what’s happened is a decision has been rendered. If new, different information has been presented, will that initiate a new determination whereby the time clock starts again? I’ve rendered a 12 (Queensbury ZBA Meeting 8/16/06) decision based on the information that I was presented and that’s where we are, and the snapshot in time is the date of that letter from Mr. Richards, and then the date of my response. Anything after that is new, and it’s their offer of supporting information, but it really doesn’t play into the determination, which was rendered without that information. MR. ABBATE-That’s what I was leading into. A determination has already been made. Is it possible, suggested that perhaps this new information may perhaps change your mind? We won’t know that until the end of the hearing this evening. MR. UNDERWOOD-We’re only going to make a decision based upon what’s been submitted prior to the meeting. MR. BROWN-I think Mr. Urrico asked a legalese kind of question. What are you limited to consider when making the determination? The same information that I had when I made the determination. MR. ABBATE-Yes, I agree. MR. UNDERWOOD-That’s reasonable. MR. RICHARDS-Well, then why would you have input from the public? MR. ABBATE-Well, we’re not finished. We still have more ways to go yet. Okay. Do we have any other members of the Board who’d like to ask any questions? MR. BRYANT-I have a question, Mr. Chairman. MR. ABBATE-Please. MR. BRYANT-The white thing in this picture, the white building that’s depicted as the house or office, I guess somebody lived there at some point? MR. MC LAUGHLIN-There’s a one family house on the property, and there’s about a 3,000 square foot building that’s used for boat storage and equipment storage, has a sign on the front McLaughlin Truck Sales, or whatever. MR. BRYANT-And these boat condominiums, you’re going to tear down those buildings basically. MR. MC LAUGHLIN-That’s correct. Not the house. The house would stay. MR. BRYANT-The house is going to stay? MR. MC LAUGHLIN-Yes. MR. BRYANT-Is somebody going to live there? MR. MC LAUGHLIN-Yes, we’d either, yes. MR. BRYANT-Thank you. MR. GARRAND-Mr. Chairman, I just have one question. MR. ABBATE-Yes, please. MR. GARRAND-What exactly is an RV dump station? MR. MC LAUGHLIN-It’s the same thing you see at the Lake George RV Park when you drive, you drive along 149, and there’s an RV dump station right on 149 on the corner of the Lake George RV Park. It’s a place to dump the septic. MR. GARRAND-Okay. So we’re going to have sewage disposal next to the wetlands? MR. MC LAUGHLIN-No, because there’s 13 acres. It’s just like if we build houses there I would have to put a septic system in the house. The house that’s there has a septic system. So what you’re talking about is a septic system to take 20 or 30 gallons of septic from an RV if the person that’s there want to do it. At the campground, like the Lake George RV Park, they would probably just dump it there. 13 (Queensbury ZBA Meeting 8/16/06) MR. GARRAND-Right. Thank you. MR. BRYANT-One more question, Mr. Chairman. How many vehicles are stored now? I mean, there are construction vehicles, boats, how many vehicles are stored there now, on the property? MR. MC LAUGHLIN-There’s vehicles in and out. Right now I think there’s three boats stored there inside the building, and there’s one boat stored outside. I think the pictures indicate that. MR. BRYANT-Yes. The building looks pretty small. So you’ve got five boats and a couple of construction vehicles and now we’re going to100 boats? MR. MC LAUGHLIN-Well, if you look at the aerial photograph, there’s a lot of vehicles stored there, maybe 20 or 30. MR. BRYANT-Yes. Okay. MR. MC LAUGHLIN-And they’re all outside. This is inside storage. It’s not like the Harris Bay Marina. MR. BRYANT-It’s an improvement from what you’ve got there now. MR. ABBATE-Okay. I have two questions, one for the Zoning Administrator and one for the appellant. Mr. Zoning Administrator, please explain to me your definition of vehicle storage. MR. BROWN-I hesitate because I think the question kind of explains, vehicle storage is a place where you store vehicles. It’s a pretty broad definition. There’s, I don’t think our Code addresses specific, you have to store 20 vehicles to be a vehicle storage facility. If you store two vehicles, it’s a vehicle storage facility. So what’s vehicle storage? A place to store vehicles. I’m sorry if that’s not a big explanation. MR. ABBATE-As long as you’re comfortable with that. Counselor, factually, what is your argument that the Zoning Administrator erred in his determination, factually? MR. RICHARDS-Factually, we’ve said that there’s vehicles in addition to boats, there’s been other vehicles there, and there will continue to be. It’s the same basic use. There may be more at one point than there were in the past. There may have been more in the past than there will be in the future, but it’s the same basic use, as I say, re-focused and cleaned up and continued on in a much more attractive way. MR. ABBATE-All right. I’m going to open the public hearing for Appeal No. 5-2006. MR. RICHARDS-May I just have a chance, after the public hearing, to address the Board? MR. ABBATE-Of course you will. I’m going to open up the public hearing for Appeal No. 5-2006, and to meet the obligation of Public Officers Law Sec: 3 for a fair and open process, the public hearing is now open for Appeal No. 5-2006, and again, if anyone in the audience who would like to respond to this, if you’d be kind enough to raise your hand, I will recognize you and ask you to come forward. Do we have anyone in the audience. Yes, sir, please. Would you mind coming to the table. PUBLIC HEARING OPENED HAL HALLIDAY MR. HALLIDAY-My name is Hal Halliday, and I live on the property, I believe, to the south, directly next to this property, I believe it’s on the south side. My wife and I, Lynn Halliday, have lived on this property for 33 years this year. We’re year round residents. It is our only residence. I shouldn’t say, we just bought another house on 149, but we do live on this property year round. I would like to say that I’ve been around for the history of this property. I’ve been around with Scotty having it, Bridget having it, and then turning it over to the children, which is now Jan Six. I’d like to start off by complimenting the children for cleaning up the surface of the property. They’ve done a really good job. It was a mess. They called it a construction company and a truck sales. It was by far just a construction company and truck sales. It was the local landfill for years. Anybody that lives in the area as long as I have knows it. We know what’s there. I can prove what 14 (Queensbury ZBA Meeting 8/16/06) was there, and I don’t want it disturbed. These very nice people came to us a few days ago and showed us these plans for the first time. That was the first time we saw anything to do with this. They made a comment tonight, they’re going to re-focus the cleaning. They have to re-focus a lot of the cleaning to make me comfortable with doing anything on that property. They say they’ve done studies to see if it’s safe. They’ve showed me the studies. They’ve dug down 10 to 12 feet to show that it’s safe. I want to see 30, 40, 50 feet to show that it’s safe. They think it’s a good project. I want to know who it’s a good project for. It’s not a good project for my wife and my family who are going to live next door with any amount of lights to light up this project for 24 hour access, any time day or night for people to come in and take their boats, their RV’s, their construction equipment, whatever they want to have in these garages out day and night. I don’t want a Wal-Mart parking lot next to us. We can now sit in our yard and enjoy the stars. It’s dark up there. It’s been dark up there for a long time, and I’ll be conservative and say that this property has been closed for at least five or six years. Maybe it’s a lot longer, but I’ll be conservative. This business has had no power, no electric power in it for quite a while. I don’t think a business can be counted as a business if it doesn’t have electric power, and I believe there’s some kind of ruling that if it’s been empty for so long that it reverts back to residential. I was told that when I was in my property. I have been before the Zoning Board of Appeals to apply for a garage on my property next door, and I was very upset when I left here and was told that I could not build a 1200 square foot garage on my property next to this property because it wasn’t in the zoning. I could only build a 900 square foot garage, and I left here really upset, but I got over it. I did read the rules and the rules did say 900 square feet. So I didn’t build the garage. Some day maybe I’ll build a 900 square foot garage in compliance with this. I’ve owned a business up here for 28 years. I considered going in to the property next door. I’ve had discussions with Mr. Brown and I know what the zoning is next door and I couldn’t do what I wanted to do there, so I didn’t do it, because it wasn’t allowed. All I’m asking you to do, your job, is if it’s not allowed, don’t allow it. You told us that it has to be in the best interest, and according to the rules. This is not in the best interest and it’s not according to the rules. The people that presently own the property created their own hardship, whether it be the previous owners who converted it and passed it on to the children or the present owners, this hardship was not created before them. They created their own hardship. Someone allowed stuff to be dumped there and now it can’t be used for residential. They don’t want it used for residential. This would be a much better idea. For them it would be to sell this property, not for the neighbors surrounding it. We have a great neighborhood up there and we’d like to keep it that way. I’m concerned about traffic, especially on the blind corner. I’m concerned about lighting, how much more light we’re going to have in a neighborhood that is totally dark. We don’t even have a street light on that street right now. From the Cleverdale corners to Pilot Knob Road, there’s no lights. It’s absolutely gorgeous at night. It really is. It’s going to be a drastic change to have anything put on that property. When they tried to store six boats there, the first place I went was Mr. Brown’s office. When they put six boats on the property, because it was not a boat storage place. When Jeanne Hoffman wanted to rent the place, it was not a boat storage place. When other marinas tried to get into the place, they were told it’s not a boat storage place, and believe me, I had my head to the ground listening to all the heartbeats of everybody that wanted to go in there because we didn’t want a drastic change to the neighborhood, and we found out about this a couple of days ago. There is no hardship, and I’ll say that again, because there isn’t. There’s no hardship. Twenty- four hour access scares me. I did a little bit of figures, and I’m not an engineer, but I’m going to come close. One hundred units, 14 by 20 feet, 280 square foot each, 28,000 square foot for this building, without the office, the bathrooms or anything else. It’ll be larger than the North Queensbury Firehouse on the footprint. I can’t imagine it there. A dump station? It’ll definitely change the character of the neighborhood. There is not a doubt in my mind, and you have to sit here and think if you lived in the neighborhood what you would say. Somebody said that before. It’s going to be a big impact on this little area. Years ago, one of our other neighbors came in here and asked to put an ice cream stand in the area, and it was really hard to come in because I really liked the guy. I really wanted an ice cream store just down the block and it was a residential area and you told him no, and he went home and he was a little upset, but he got over it because that was the zoning. All we’re asking you to do is the same thing. Just consider the neighborhood, say all the things that our Chairman said tonight, all the things you have to weigh, and just do your job. That’s all I’m asking you to do. Okay. Thank you very much. MR. ABBATE-Thank you very much for your input. Do we have anyone else in the audience who would like to comment? PAUL LEVACK 15 (Queensbury ZBA Meeting 8/16/06) MR. LEVACK-My name’s Paul Levack, a lifelong resident here. I totally disagree with the last speaker. We lived up in Cleverdale for two years, year round, back in the early 60’s, and the McLaughlin family, back then, was pretty ancient. They go back before the Turn of the Century. They have contributed tremendously to the growth and the quality of the Town of Queensbury. Promise not to tell your father, but Scotty was not a spit and polish guy. This place didn’t look the best, you know, back when he had trucks and a lot of different things there, but I can tell you without any reservation that your predecessors of 40 years ago, if this project were put before them right now, with what’s proposed to clean up the neighborhood, they’d be joyous, believe me. I think that, you know, you have to have progress as you well know, and you people consider that all the time, but I think it would be shock if Mr. Dator, and I don’t know Mr. Dator, if his proposal isn’t seriously considered, it definitely is going to enhance that neighborhood, definitely, without any question. MR. ABBATE-Okay. Thank you very much. JAMES SCHOONOVER MR. SCHOONOVER-James Schoonover. I have built my house in 1960. I have lived there ever since. I live kitty corner across from where this monstrosity is going to be put in. I worked for Scotty. I built the building that that thing is in. I laid the blocks for it. I know what is there, and I’ll tell you, that property is not as clean as everybody says it is. I am opposed to this. I cannot believe that we would allow something like this in this area. When the boats pull out of there and try going up the hill from this blind corner, we’re going to have more accidents than you can shake a stick at, because boats are not going to come out of there ripping and tearing up the road. It’s a hazardous situation. All I say is, it’s a nonconforming use of that property, and I definitely would not want to see that in that area. I live right next door to Michael, by the way. MR. ABBATE-Okay. Thank you very much, sir. ISABELLE & FRANK MUNOFF MRS. MUNOFF-Hi. I’m Isabelle Munoff. MR. MUNOFF-I’m Frank, we’re a team. We live directly, I would say three houses down towards the Cleverdale Store on the other side of the property that’s in question here, and before I talk about our objections to this stuff, I’m really concerned about 2583 East Shore Drive. Could somebody tell me where that is? That’s what the applicant put on the, and I did write a letter asking you to table this meeting because I think it should have a legal address. I have no idea. If you look at the application here that we were given, we put this aside when it came in the mail last week because we didn’t think it concerned us, and we thought it was a mistake, and the Town of Queensbury’s been great. I called, and they said, no, this is on Route 9L, and I said, well, why does the location say 2583 East Shore Drive and they were so nice to me at the Town of Queensbury. They said we don’t know where that is. MR. ABBATE-Well, I think perhaps we can answer your question. Mr. Zoning Administrator, do you want to address that, please? MR. BROWN-Yes. From what I understand, that’s the, East Shore Drive, Ridge Road, 9L, I think they’re all interchangeable when it comes to describing that road, and that address was what was provided on the applicant’s application. We always give them the benefit of the doubt that they know what their address is, and we use that in the advertisement. Along in the advertisement was also the Tax ID Number, property owner, there are other indicators as to what the property was, where it was and who owned it, and I spoke to both Mr. and Mrs. Munoff yesterday on the phone. MR. URRICO-Can I ask a follow up question to that? MR. ABBATE-By all means. MR. URRICO-If that address doesn’t exist, how do we send out notifications within 500 feet? MR. MUNOFF-Thank you. 16 (Queensbury ZBA Meeting 8/16/06) MR. BRYANT-On the application there’s a Tax Map Number. By the Tax Map Number, they can tell what that property is better than the address. So obviously that’s how they identified everybody. MR. ABBATE-Right, and the Tax Map Number was definitely included in the announcement, that’s for sure. MRS. MUNOFF-Yes, and I don’t want to make a small point be a big issue, but it is of consequence when we’re looking at this whole overall picture, okay. We did get the notification because of the Tax ID map number matched and kicked out our address as one to be notified, but East Shore, it’s Route 9L or Ridge Road. That’s where we get our mail. East Shore Drive, I believe if you go into the Lake George area of Route 9L, that may be the interchange, you know, change over of that address, but I guess that being put on the application, to me, kind of sets the stage for maybe, you know, this is really hard sitting here because we have some neighbors that are really good neighbors. I have nothing but good things to say about the McLaughlins. We’ve lived there for 20 years. They’re wonderful people. I admire them for wanting to clean up this property and put it to some better use, but we have some objections to the proposed project overall. So it’s really hard to sit here and criticize because I just want to focus on the project not on the people, because the people are wonderful, and I wish them the best with everything that they’re trying to do, but it does set the stage for a little bit of deception, I think, the East Shore Drive piece, because I’ve heard what’s been said by the attorneys and the people making the application and what they want to do, and there’s really a lot of spin involved in it all. I think that you have to kind of go up there and kind of see, and I think some of these other people that spoke let you know that basically in the 20 years that I’ve been there, you know, maybe it was a viable business at one point in time, it was a trucking and excavating business. They did blacktopping and things like that. If there were some boats stored there it was because a friend of a friend of a friend needed a place to store their boat and there was a piece of property where they could blue tarp something and put it and it would be safe for the winter. That’s the extent of the quote unquote boat storage. I don’t really think it was in a formal sense. I just think that to expand it to what’s being proposed, I think it’s deceptive for them to say that this is just a continuation of the use, because it really isn’t, and I understand they want to improve it, and I give the Dator’s a lot of credit because they’re really kind of wanting to, you know, in their minds improving this whole piece of property, but the size of the project, being as huge as it is, it really is a very different use of that piece of property, and I think what many of the people have said, and I’ll say again, is the traffic congestion, the 24 hour access, the wetlands being in jeopardy there. I think that this RV kind of clean out stuff, I don’t know, I live there. I don’t want to have to deal with that in the future, you know. I think that, historically, applicants for variances on this, you know, in that stretch of area, they’ve always been denied. We’re the people that wanted the ice cream parlor. We live next to a country store, and in our minds, so we live right next door to commercial property, what’s the big deal to put in an ice cream parlor that would be nice. Our neighbor said no way. Yes, we went away upset, but we accepted it because again, those are the rules. MR. ABBATE-Okay. I’m sorry to have to interrupt you, but your time is up. Thank you so much for your input. MRS. MUNOFF-Okay. In any event, no offense towards the McLaughlins or the Dator’s, but the project is way too big and a lot more clean up and research has to be done before anything can be put there. MR. ABBATE-Thank you very much. Do we have anyone else in the audience. MR. MUNOFF-I really haven’t talked. MR. ABBATE-Well, you have five minutes. MR. MUNOFF-Thank you. One issue I wanted to address was the Dators said that they live next door. I didn’t know that. I thought that place was rented. The home that they own next door is a rental piece of property, and if not, maybe they could tell me differently. They say that they live next door. I know they own the house next door, and they rent that property. I know that they rent that property. They will be absentee landlords because I believe their house of residence is in New Jersey. That concerns me, that they’re going to be pumping sewage, and the owner, they say it’s going to be a condo type thing, but the person that is putting this in motion is in New Jersey. That concerns me. As far as that property being clean, that’s a spin. That’s a spin, and if you took a closer look at it, you would see that. The other thing that really, really does 17 (Queensbury ZBA Meeting 8/16/06) concern me is the 24 hour access. That’s what I want, my dogs barking and Jimmy Schoonover saying, Frank, put your dog back in because they’re barking because tractors are going in there pulling out boats. I mean, I cannot believe that the Board would even consider this if you saw the quality of our neighborhood, okay, and the last thing that I did want to address is the gentleman that was up here, I wanted to know if he’s a neighbor or just a friend of the McLaughlins. Could I ask that question? MR. ABBATE-You’re making your statement. They can address your concerns later. MR. MUNOFF-Okay. All right, and I’d just urge the Board not to accept this, to reject this application. I’ve never seen boat storage there, and I know that Mike said that they’ve stored boats. I think the onus should be on them to show records that this has been done in the past. Handshake agreements are not legal documents, and I wish the McLaughlins well, but I don’t wish them well with this project, because I’m telling you something, if this goes through, I’m selling. I’m out of there. Thank you. MR. ABBATE-Thank you very much for your input. Do we have anybody else in the audience who’d like to participate? MARK LEVACK MR. LEVACK-Good evening. My name’s Mark Levack. I’m the broker/owner of Levack Real Estate and the person empowered to sell this property for Jan Six. My mother-in- law is one of the members of Jan Six, and that’s how I came upon this listing. Whenever I take on a listing that is a commercial property, whether it’s pre-existing nonconforming or whether it’s a pre-existing conforming but in a different zone, or whether it’s a commercially zoned property, there’s always issues at play, and I know this site has its challenges. I can speak to the environmental issue. I was the one that coordinated the hiring of QEA. QEA is GE’s engineer overseeing the river dredge project. They’re very qualified engineers, and they’ve done an extensive geometric grid of the subsurface conditions, and they’ve evaluated it, and we can make those reports available to anybody that wants to see them, and the overall out come is that the materials that are there are benign trash. Having said that, it has a stigma of being a dump, and we have found it to be extremely, extremely difficult to sell this property residentially. So therefore what to do with it. I think that it’s a commercial property. It always has been a commercial property. I don’t believe that this project inherently is detrimental to the character of the neighborhood. If you start from the Cleverdale Country Store, you have a commercial operation. You have Sunsoval Construction. You have Castaway’s Marina. You have a firehouse. We can provide you with a map, a tax map that shows all the commercial uses within this district. So I don’t believe it’s a far reach to say that this location is in a mixed use commercial location. I believe that the McLaughlin’s have done a good job in cleaning it up and I believe that they have entitled the buyer to transition this piece to what is potentially the best use and the best suited use for this property. I think the that project is something that we can be proud of, and I think whatever issues involve site plan can be mitigated to the best degree of all involved, but any time I come up here and speak, people would say, well, he’s just a realtor trying to make a sale. This is my family’s property and we want to be proud of the next user that takes it over, and I think that, again, any site plan issues can be mitigated. I believe it is a conforming site, and I hope the Board rules as such. MR. ABBATE-Okay. Thank you so very much. JOHN SALVADOR MR. SALVADOR-Good evening. My name is John Salvador. I’m a resident in North Queensbury. I would recommend that you uphold the Zoning Administrator’s determination that this project would need a Use Variance, for all the reasons stated here tonight. There’s no question that the nonconforming use has fallen and has been abandoned, once the power was connected, and that’s a matter of record, there’s no way you can run any kind of a maintenance shop, storage facility. You have to have power. So, for those reasons, I would recommend that you uphold the Zoning Administrator’s determination. In addition to a Use Variance, I believe that they may need a Special Use Permit. If, in fact, this facility was being used as a boat storage area, the facility should have been registered with the DEC as of January 1, 1982. That was a requirement of the law, and since then, they should be permitted, as a Class A Marina, under the Park Commission Regulations, which lead to our regulations under 179-10-060 regarding specific standards for Special Use Permits, marinas, in that they store boats, that is an activity that constitutes a marina. So, I think there’s a long way to go. I would seriously question the work that was done in the clean up of a site. Any site that has been a, call it 18 (Queensbury ZBA Meeting 8/16/06) a junkyard, call it a maintenance facility, a boat storage facility for the period of time that this has been, with nothing but earth has got to be saturated with something or some kind of contaminant, and that goes deep, as it continually rains and rains on that site, that stuff percolates deep. I think it’s probably a filled in wetland, and if it is, the difficulty of siting foundations on these unstable soils is another problem that’s going to have to be overcome. So I think they have a long way to go, but the start would be to evaluate whether or not they have to obtain a Use Variance and then a Special Use Permit. Thank you. MR. ABBATE-Thank you very much. Do we have anyone else in the audience who would like to address this Appeal? I see no other hands in the audience. MR. UNDERWOOD-I have three letters. MR. ABBATE-Yes, Mr. Secretary. Would you be kind enough to read into the record correspondence, please. MR. UNDERWOOD-I have three letters that were submitted. One was from the Munoff’s, and I think they basically have covered that, essentially. So I won’t re-read that one. The second one was received on August 15, 2006. It says, “Dear Mr. Underwood: We are in favor of the above application. The McLaughlin storage and equipment repair yard has been an eyesore for many years. In our opinion enclosed boat and RV storage garages will improve the neighborhood and provide a needed facility to the area. A building with an Adirondack theme façade is preferred over a field of blue tarps covering boats and equipment. Very truly yours, Richard DeSilva”, and that’s at 139 Seelye Road, and the other one was also, this was received by Town of Queensbury, by telephone conversation, and this was, again, Mr. and Mrs Munoff I guess had called the office and this, again, was appealing the address as being inappropriate as advertised. MR. ABBATE-Okay. Thank you very much. AUDIENCE MEMBER-I neglected, I have a letter in favor that I was going to submit for the record. MR. ABBATE-If you’d come up here with the letter, we’ll accept it. Before we do that, would you please identify yourself. MR. MC LAUGHLIN-Yes, once again, Michael McLaughlin, and if I may, I’d like to rebut a couple of comments that were made. MR. ABBATE-There will be no rebuttal. MR. MC LAUGHLIN-Okay. All right. Thank you very much. MR. ABBATE-If you wish to submit that to us, tell us what it is, for the record. MR. MC LAUGHLIN-Yes, I would. It is a letter from John Mason of Sunsoval, Inc. He is an immediate neighbor. He operates a business directly across the street from the property, and he writes, August 15, 2006, To Whom It May Concern: Town of Queensbury Zoning Board of Appeals, etc., etc. “To Whom It May Concern: I have reviewed the application submitted by William Dator relating to a boat storage facility at 2585 Route 9L, Queensbury, New York. I have no objection to the proposal. Sincerely, John A. Mason President Sunsoval, Inc.” MR. ABBATE-Okay. Would you be kind enough to give it to our secretary Sue, please, and she will enter it into the record. MR. MC LAUGHLIN-Yes, sir. Thank you. MR. ABBATE-Thank you very much. Since there are no other hands that wish to be recognized, the public hearing for Appeal No. 5-2006 is closed. PUBLIC HEARING CLOSED MR. ABBATE-Counselor, would you and your party like to address any of the issues that were made, before we continue? MR. RICHARDS-Yes, I would, Mr. Chairman, and as you said, I don’t want to get into a long rebuttal here, because I think that really what was brought up are mainly legal 19 (Queensbury ZBA Meeting 8/16/06) questions and that’s what I wanted to address. One brief thing I think Mr. Dator can just confirm, he does live there. That is his house. WILLIAM DATOR MR. DATOR-Just to confirm, Frank did the painting for our house, but we use that house, eight months out of the year. During the summer, we do have six friends that we rent it to, but basically, the rest of the year, we do live there. MR. RICHARDS-Mr. Chairman, what was raised in those individuals that spoke against what we’re trying to do here, things I’ve heard, 95 to 99% of it were site plan type issues which they, should we go forward with this, in all likelihood would have every opportunity to bring up before the appropriate Board. As a matter of fact, I think if our position is correct, we don’t have to come before this Board again at all, and if we chose to just store boats there, we wouldn’t have to come before this Board at all. At a minimum, we’d be a marina and would apply to the Planning Board for a Special Use Permit and, Craig, you can correct me if I’m wrong on that, but I think that’s the case, or we would come back and I think have a very compelling case that it’s a continuing use. So either way, I don’t think we’d come before this Board if we just do boats, and that goes back to what I said at the beginning, that the crux of this is can we store RV’s and other type vehicles, leisure vehicles, enclosed, and still be consistent with the use that’s there now. Our position of course is yes, it is. Now, I heard some of the Board members say, during our initial presentation, that they were not sure as to whether they could take into account testimony tonight, either for or against, in making their decision on Craig’s interpretation. I’m not sure I agree with that, but if that is the case, obviously we’ve put a lot of information before this Board and before Craig tonight. If that’s the case, then I think we ought to table this for a month and Craig can issue another letter that we appeal from, because I think we really want this to come before the Board. Whether it changes his decision or ultimately this Board’s decision, I think procedurally we have to be able to know that you made it with all the facts, and if it’s because you feel you’re restricted in what facts you can consider, I’d like to avoid that and make sure it’s done with everything on the table. MR. ABBATE-Counselor, you know very well that legally we must accept evidence that is presented during a hearing. There’s no question about that. MR. RICHARDS-That’s my understanding. That’s why I was a little confused. MR. ABBATE-We have no grounds in which to deny anything. Perhaps the Board members may want to consider your request on tabling. I don’t know yet, but we’ll get to that. MR. RICHARDS-I’d only request it if you can’t consider what we’ve presented tonight. MR. ABBATE-Well, we’ll get to that. Okay. Do you have anything else at this time? MR. RICHARDS-No. MR. ABBATE-Okay. The public hearing is now closed for Appeal No. 5-2006. I’m going to ask Board members to offer their comments, but I want Board members to listen very carefully. This is the only thing we can consider this evening. Quote, it is the position of the Zoning Administrator that the addition of a vehicle storage and recreational storage together with most likely an increase in the number of boats stored on the property constitutes an expansion of a nonconforming use and that such an expansion of a nonconforming storage use requires a Use Variance from the Zoning Board of Appeals per Section 179-13-010.D. Having said that now, I would like to ask Board members for their comments, and if anyone wishes to go first, that’s fine. MR. GARRAND-Mr. Chairman, I’d be willing to go first. MR. ABBATE-Would you please. MR. GARRAND-Everything I’ve heard tonight basically tells me that this is an expansion of a nonconforming use, and I would be inclined to support the Zoning Administrator’s decision on this one. MR. ABBATE-Okay. We’ve gone to Mr. Garrand. How about Mr. Bryant, please. 20 (Queensbury ZBA Meeting 8/16/06) MR. BRYANT-Thank you, Mr. Chairman. I agree with what Counsel has just said and basically the majority of the comments, albeit they might be valid. They really don’t relate to the issue. The issue is whether or not it’s an expansion of a nonconforming use, and to go from 20 boats currently all over the yard to 100 is an expansion, and frankly I think, to go from residential to a condominium storage area is a nonconforming use. So I’m going to be in favor of the Administrator. MR. ABBATE-Thank you. Mr. McNulty, please. MR. MC NULTY-I think I basically agree with the comments that have been made so far. There’s several things here. The decision of whether something is a continuing use is not whether it was used commercially before and whether it’s going to be used commercially in the future. It’s what kind of commercial use. I looked quickly in the Code while we were listening to public comments here and there is a clear definition in the Code for recreational vehicles. So that leads me to believe that the Town has at least attempted to distinguish between construction equipment and recreational vehicles. So I think that’s a difference. I think also we really haven’t seen any concrete proof that there was a boat rental operation here that continued continuously through to current date. Admittedly there are boats on the property now, but we haven’t seen anything that really indicates there’s a boat rental, and I think the other point that was brought up is I’m not sure whether we’re talking about a continuation of a boat rental business or whether we’re talking about construction of a condominium, which will happen to store boats or may store boats or recreational vehicles or anything else that somebody might want to put in. So it strikes me that there is not a continuation of a previously established use, and in that case, I, too, would support the Zoning Administrator. MR. ABBATE-All right. Thank you very much. Mr. Underwood, please. MR. UNDERWOOD-I would have to agree with my fellow Board members. I think that it’s been established that there has been some previous usage on this site for both construction vehicle repair, storage, sales, whatever it happens to be, but I don’t think it ever was established that this was a glorified or substantial marina, other than having a few boats on site, and I think the present usage of the site, it has been discontinued for quite some period of time since it actually was a commercial venture on that site. There’s no power currently to that site, and I think that the Zoning Administrator has been basically up front. I mean, this was a fishing trip to see what was going to happen, you know, what the wishes were. You asked an opinion and the Zoning Administrator gave his opinion based upon what he saw there. I think that, if you’re going to submit plans like this, you know, on the evening that we’re here this evening, that would be premature on your part to do that also. It’s not fair, without any kind of site plan review, although you’re welcome to submit those plans in the future, that would be perfectly fine, but I think it would need an Area Variance. This is a Waterfront Residential area. I think it’s been explained it is a very difficult site, as you mentioned, and there are lots of outstanding issues that will come to bear upon, you know, what the eventual disposition of that property is, but I think tonight we can basically agree with the Zoning Administrator that storage of vehicles on that property would not be something that was permitted at this time. So you would have to seek a variance for that. MR. ABBATE-Thank you. Mr. Urrico, please. MR. URRICO-Yes. My concern earlier tonight was in the sequence of events. The letter th that Mr. Brown responded to is dated June 15 and that letter referred to the replacement of the present building with approximately, with another building with approximately 100 storage units, and Mr. Brown responded basically to that letter and ruled that it constituted an expansion of use and therefore would require a Use Variance, and I wanted to make sure that that’s what we were talking about, and nothing that was said tonight has changed his basic ruling which was an expansion of the present use, and I would be in favor of the Zoning Administrator’s ruling. MR. ABBATE-Okay. Thank you very much. I would have to say that the Zoning Administrator is quite correct in that the addition of vehicle storage and RV storage will, in all probability, not only increase the number of boats stored on the property, but I think he’s absolutely correct when he says that I also constitutes an expansion of a nonconforming use, and then he follows that up by saying, as a result of the expansion of this nonconforming storage use, it requires a Use Variance from the Zoning Board of Appeals. I have to agree with him. At this point, it would appear that the next step is to rule for a motion, and is there a motion for Notice of Appeal No. 5-2006? Now the only thing we consider, gentlemen, is this, is there a motion to, one, support the appellant’s change to the Zoning Administrator’s decision, or, two, uphold the Zoning Administrator’s 21 (Queensbury ZBA Meeting 8/16/06) decision. In either case, please be precise. That’s the only things we’re considering right now in the motion. A, support the appellant’s challenge to the Zoning Administrator’s decision, or, B, to uphold the Zoning Administrator’s decision. Is there a motion? MOTION REGARDING NOTICE OF APPEAL NO. 5-2006 WILLIAM F. DATOR, THAT THE ZONING BOARD OF APPEALS SUPPORT THE ZONING ADMINISTRATOR’S DECISION REGARDING THE APPLICANT’S REQUEST FOR DECISION ON THE EXPANSION OF A PRE-EXISTING NONCONFORMING STORAGE USE, Introduced by Roy Urrico who moved for its adoption, seconded by Charles McNulty: 2583 East Shore Drive. That this would constitute the necessary Use Variance from the Zoning Board of Appeals. th Duly adopted this 16 day of August, 2006, by the following vote: AYES: Mr. Garrand, Mr. Bryant, Mr. Underwood, Mr. McNulty, Mr. Urrico, Mr. Abbate NOES: NONE ABSENT: Mrs. Hunt MR. ABBATE-The vote is six to zero to uphold the Zoning Administrator’s decision. Thank you very much, gentlemen. MR. RICHARDS-Thank you. MR. ABBATE-You’re welcome, gentlemen. AREA VARIANCE NO. 44-2006 SEQRA TYPE: II J & J REALTY LP (JOHN BEHRENS) AGENT(S): BRUCE CARR, ESQ. OWNER(S): J & J REALTY LTD PARTNERSHIP ZONING: WR-3A LOCATION: DARK BAY LANE APPLICANT PROPOSES 1,860 SQ. FT. SINGLE-FAMILY DWELLING WHICH DOES NOT FRONT ON A PUBLIC ROAD. RELIEF FROM THE REQUIRED MINIMUM ROAD FRONTAGE FOR A PRINCIPAL BUILDING AND RELIEF FROM THE MAXIMUM HEIGHT REQUIREMENT OF THE WR-3A ZONE REQUESTED. CROSS REF. BP 2006-248 WARREN COUNTY PLANNING: AUGUST 9, 2006 ADIRONDACK PARK AGENCY: YES LOT SIZE: 0.78 ACRES TAX MAP NO. 239.18-1-35 SECTION: 179-4-030; 179- 4-090 BRUCE CARR, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 44-2006, J & J Realty (John Behrens), Meeting Date: August 16, 2006 “Project Location: Dark Bay Lane Description of Proposed Project: The applicant proposes to construct a 1,850 sq. ft. single-family dwelling (33- feet high) on a vacant .78-acre lot which does not front on a public road. Relief Required: The applicant requests 40-feet of relief from the required minimum 40-feet of road frontage for a principal building, per §179-4-090. Additionally, 5-feet of relief is requested from the maximum height requirement of 28-feet for the WR-3A zone, per §179-4-030. Parcel History (construction/site plan/variance, etc.): BP 2006-248: Pending, for a 1,850 sq. ft. single-family dwelling. Staff comments: The applicant proposes accessing a future house site from a private drive (20-ft. wide ROW) off of Dark Bay Lane. Although the request is substantial (100% of relief requested), feasible alternatives seem to be limited. 22 (Queensbury ZBA Meeting 8/16/06) The height dimension of the front (lake) elevation should be given on the elevation drawing (sheet 1). It scales at 32.5-feet, but this needs to be verified to accurately identify the relief required. The 5-feet of height relief requested could be considered moderate at 18%. Consideration should be given to any potential visual impacts from the lake or impediments to the views of the neighboring properties.” MR. UNDERWOOD-“Warren County Planning Board Project Review and Referral Form August 9, 2006 Project Name: J & J Realty (John Behrens) Owner(s): J & J Realty LTD Partnership ID Number: QBY-06-AV-44 County Project#: Aug06-27 Current Zoning: WR-3A Community: Queensbury Project Description: Applicant is proposing a 1,860 sq. ft. single-family dwelling which does not front on a public road. Relief from the required minimum road frontage for a principal building and relief from the maximum height requirement is requested. Site Location: Dark Bay Lane Tax Map Number(s): 239.18-1-35 Staff Notes: Area Variance: The applicant proposes to construct a single family home on a 33,954 sq. ft lot. The lot does not have frontage on a public road as required and the height of the home is to be 33 ft. where 28 ft. is the maximum allowed. The information submitted includes house elevations, house, septic and access. The information also included stormwater and erosion control measures. The applicant has indicated the location of the lot and the topography have required the variances requested. Staff does not identify an impact on county resources based on the information submitted. Staff recommends no county impact. County Planning Board Recommendation: No County Impact” Signed by Richard C. Merrill, Warren County Planning Board 8/15/06. MR. ABBATE-I see you gentlemen have arrived at the table. Would you be kind enough to, I assume Counsel and appellant, would you please identify yourself for the Board. JOHN BEHRENS MR. BEHRENS-John Behrens. MR. ABBATE-Okay. MR. CARR-Good evening. Bruce Carr, I’m the attorney for the applicant, here to address what I hope to be very simple issues. MR. ABBATE-Well, before you start your dissertation, here, Counselor, again, I’m going to advise you that the burden of proof, the duty to prove a disputed assertion, rests squarely on your shoulders of the applicant and not this Board. Any problems with that? MR. CARR-No problem. MR. ABBATE-Please proceed. MR. CARR-Thank you, Mr. Chairman. Dark Bay, as you may or may not know, is a private right of way. It’s not a Town road. This is a subdivision from the 60’s and 70’s that has never been on a Town road. So any construction in this subdivision will automatically need relief from the 40 foot Town road frontage section of the Zoning Code. There are many houses already built there. In fact what we’re proposing is actually taking two of the subdivision lots and combining it into one. So again, lessening the density in the whole area because we’re taking lots, I believe it’s six and seven, just to create one lot. I’m sorry, five and six to create one lot. The other request that we’re here for is the minimum height, and it’s only needed on the front side of the building, and that’s due to the topography of the land. The other three sides of the building, the topography is such that the maximum height, I think, of the building is 24 feet. It just is at the front it kind of falls off there, as you can see from the drawings, and that is why we are here asking for relief from the maximum height. Craig and the Staff may be correct. It’s 32 and a half feet. My scale might not be as good when I asked for 35, but the point is just that we need a small relief from the front elevation so that we can build this building. As for the concern about the potential visual impacts of the neighbors, the 24 feet in the rear is going to be as high as the building gets. So it’s not going to, because of the topography dropping off, the visual impact from neighbors is not going to be affected. We aren’t going up higher than the topography. It’s just that the topography is dropping away from us at that one side of the building, and as for the visual impacts from the lake, again, this a modest house. I mean, the floor area on the first floor is only 1200 square feet, and then the second floor is the additional 500 feet, to make a total of 1800 square feet, which is just a moderate house. We aren’t building a castle here. We aren’t 23 (Queensbury ZBA Meeting 8/16/06) trying to do anything that would overburden the land. If you look at the site plan of the land, you can see that, again, the front of the house is toward the lake there, and we have put the septic in the back. So you can say, well, why don’t you move the house back onto a flat area. I don’t think we want to move the septic to the front of the building. Our setbacks from the lake are fine, but certainly the further I believe that you can keep a septic away from the lake the better you are. So this just seems like the more appropriate place, location for the property, and I think the variances we’re asking for, one is absolutely necessary for any lot in that subdivision, and the second is just minimal and it’s due to an abnormal topography. MR. ABBATE-Okay. Obviously you’ll have a chance to further strengthen your case if you wish later on in the evening. At this point here, have you concluded so far? MR. CARR-Thank you. Yes. MR. ABBATE-Okay. Great. Do any members of the Board have any questions for Area Variance No. 44-2006? MR. MC NULTY-Mr. Chairman, I’ve got one. Are we still guessing at the height relief that’s needed based on scaling the drawing? MR. CARR-I think we could live with 32 and a half. MR. BEHRENS-It’s very close. It’s 32 and a half or 33. It’s within six inches. MR. MC NULTY-It strikes me this is a potential for an, oops. MR. ABBATE-Yes. Zoning Administrator can you help us out? MR. BROWN-Sure. I think if you can get the applicants to land on a number, make it part of the resolution, we’ll inspect it when it’s done. MR. ABBATE-Okay. I like that term. Would you land on a number, please. MR. CARR-How about 33. That way, if we come in shorter, we’re great. If we come in an inch high, then we’re in trouble. MR. ABBATE-Okay. For the record it’s 33? MR. CARR-Thirty-three. MR. ABBATE-Okay. For the record it’s 33. All right. Great. MR. MC NULTY-And if you come back later, we’re going to say take a chainsaw to it. MR. ABBATE-Any other members of the Board have any questions? MR. URRICO-Is there any possibility the height can be shaved down? MR. BEHRENS-That ridge is the 33, that one point. If you go down a couple of feet on each side, you’re way down again, then you’re down to the 28 feet. MR. URRICO-You say it’s a minor thing, but we have denied applications that are higher than that. MR. CARR-Well, I understand that, but I think, you know, if you take in the overall look of the building and the fact that if you go to three sides of it we’re only at 24 feet, you know, it, again, is just because of the land topography, you know, going down as opposed to us wanting to go up on a building. MR. URRICO-You’re saying it can’t be done? MR. CARR-I don’t think so. No. MR. URRICO-You’re not willing to compromise at all? MR. CARR-That would be a simpler answer, just a no. MR. ABBATE-It can’t be, you mean structurally it can’t be done, practically? 24 (Queensbury ZBA Meeting 8/16/06) MR. CARR-Well, I don’t think so, because if you lower down to the 28 feet on the front, that puts it down to 19 feet on all the other sides, and I don’t think that makes for a practical application of a building. MR. ABBATE-All right. MR. CARR-I mean, I think you’ve got your 10 feet minimum for each floor. So we couldn’t build that second floor if we lowered the whole building. MR. ABBATE-Okay. Mr. Bryant, please? MR. BRYANT-Thank you, Mr. Chairman. Looking at the elevations, you’ve got three floors. You’ve got a 10 foot ceiling height, eight foot eight, eight foot nine. Can’t do anything to shave anything off those ceiling heights? I mean, logical if we. MR. BEHRENS-You say you have 10 feet? MR. BRYANT-You have a 10 foot ceiling height, and then your balcony. You’ve got eight foot eight in the second floor, and then the lower level you’ve got eight foot nine and a half. Somebody asked a question, one of the Board members, I think it was Mr. Urrico, and, you know, we don’t want you to change the pitch of the roof, but in reality 10 foot is a little bit high. What are we doing here? MR. CARR-I think interior, I mean, we’ve only got the. MR. BRYANT-Yes, I know you’re looking at the wall on the top floor and in reality, you want to make every square foot of that floor totally usable, okay, and the reality is, is that always the case and is that always necessary? MR. CARR-Well, I mean, you’re only talking about an 1800 square foot house. MR. BRYANT-Yes, but we’re talking about a 20% increase in the height over the allowed, you know, requirement, five feet. It’s actually more than 20%. MR. CARR-Roughly, but I think you’ve got to take into account the Area Variance is for the hardship based on the topography of the land. It’s not that we’re building a house that we want to go higher. It’s just, like I said, that bottom floor is just, you know. MR. BRYANT-Yes, but the argument could also be made, and I don’t want to make an argument, the argument could also be made that you picked probably the largest increase in decline in level property as opposed to, for example, in the northeast corner it doesn’t quite, you know, decline at that same rate. I mean, that’s not the only place you could build a house on the property. MR. CARR-No, but I think the point is that, you know, we’re again trying to keep the septic away from the lake. Number Two, you know, we’re, I’m not saying we’re compromising, but the two lots are split right down the middle. Without the split, there could be a house built right where this one is located. MR. BRYANT-I don’t have a scale, but looking at the site plan here, the survey, if this moves back to a level of, for example, 120 feet, you’ve only got a two foot variance. Do you follow what I’m saying? It’s not quite as drastic as it is right where it is. That’s just an observation. You’ve got eight foot difference from the front to the back in elevation. MR. CARR-Right. You’re going from 112 to 120 there. MR. BRYANT-But if you move back down to the 120 foot elevation, you’ve only got two feet in the same distance. So that’s my point. I mean, that’s not the only place to build a house on the property. That’s my only question. Thank you. MR. ABBATE-Okay. Thank you very much. Do we have any other Board members that have any questions? MR. UNDERWOOD-What was your intention as far as the, on the lake, as far as the side that’s going to be most affected, if it’s going to have the full 33 foot height will be the lakeside. Are you going to cut all the trees on that side or leave substantial vegetation? 25 (Queensbury ZBA Meeting 8/16/06) MR. BEHRENS-The trees are up. They’re existing. They’re staying. What’s ever there is staying. The dead branches we already, we headed the trees, but all the dead branches we just cut off, but it’s all treed. In fact my home, my own home, is right in front of it, between the lake and this house is my own home. MR. ABBATE-All right. Do we have any other questions from members of the Board? If not, I’m going to open up the public hearing for Area Variance No. 44-2006, and those wishing to be heard, if you’ll raise your hand, I will acknowledge you and ask you to come to the table, speak into the microphone and state your name and place of residence, please. Do we have anyone in the audience who would like to address Area Variance No. 44-2006? PUBLIC HEARING OPENED JOHN SALVADOR MR. SALVADOR-My name is John Salvador. I’m a resident in North Queensbury. Did I hear mention of the fact that this applicant owns two lots? MR. UNDERWOOD-He’s combining two lots. MR. SALVADOR-He’s combining two lots. Have they been consolidated? MR. UNDERWOOD-I have no idea. MR. SALVADOR-We’ll ask him. MR. SALVADOR-That would be essential that they be consolidated first, because if you don’t, you could wind up with another building in there. MR. ABBATE-Okay. Good question. Thank you very much. Anyone else in the audience who’d like to be heard? RON DURANTE MR. DURANTE-My name is Ron Durante. My sisters and I own the house directly across from this, downhill, and I have no objection to the height that he’s proposing. The house that he built for himself a number of years ago is in very good character and keeping with the terrain, and I’m confident in his ability to work, that he’s done what he could to work the house into the ground as it is very steep on the whole site. It’s very rolling for a small area. MR. ABBATE-Thank you very much for your insight. Do we have anyone else who’d like to be heard? I see no other hands. Counselor, would you and your client come forward, please. I’m going to close the public hearing for Area Variance No. 44-2006. PUBLIC HEARING CLOSED MR. ABBATE-And, Counselor, if you would like to comment further, go right ahead before we proceed. MR. CARR-It has been consolidated for tax purposes. MR. ABBATE-That was a good question. So, for the record, it has been consolidated for tax purposes. MR. CARR-Yes. MR. ABBATE-Thank you very much. Is there anything else you’d like to offer? MR. CARR-Well, I think, you know, a lot of effort has gone in to locate the property, as the gentleman who spoke in support of our application stated, you know, the whole topography of both of these lots is rolling. At some point, you know, wherever you place the home, you may run into height problems, and again because of a sloping away from the house. We’re trying to keep the house modest. We’ve looked at all the options, and again, trying to keep it as friendly to the lake as possible by keep the septic as far away from the lake as possible, I just think this is going to be the best location. As Mr. Behrens has said, it’s not even for the benefit of getting a better view of the lake because his house is actually in between this house and the lake, and there’s plenty of vegetation 26 (Queensbury ZBA Meeting 8/16/06) that’s going to remain there, trees and such. So, again, our position is that while it may be a 20% variance from the zoning, it’s not a typical site location in which we are asking for 20 all the way around the building. It’s literally just on one face of the building, and again, just due to the topography of the land. MR. ABBATE-Okay. Now, again, I’m going to ask members to offer their comments, and again, the comments to the Chairman are not open to debate. Do we have any members of the Board who would like to offer their comments on Area Variance No. 44- 2006? Do we have a volunteer? MR. BRYANT-Thank you, Mr. Chairman. The request for the road frontage is a reasonable request under the circumstances. As you know, there are five criteria on which we base our decisions. One of them is whether or not there are feasible alternatives, and I think you have a multitude of feasible alternatives. Whether it’s relocating the house, whether it’s a redesign of the house for a two level house as opposed to a three story house, you’ve got two lots to work with. It’s not like you’re in a small box where you can’t maneuver the house. You’ve got plenty of room to maneuver the house. Plenty of options as far as a redesign of the house. So as far as the height relief, I’d be totally opposed to that aspect of the application. The other portion is reasonable and I’d be in favor of it. MR. ABBATE-Okay. Mr. Urrico, please. MR. URRICO-I essentially agree with Mr. Bryant. I don’t have a problem with the front road, the 40 foot relief from the road frontage, but when we look at the five criteria for accepting an Area Variance, the overall criteria is granting minimum variance necessary, minimum, and five feet is not minimum. I know that you may think it is, but it’s not. When we consider the benefit can be achieved by the applicant via other means that are feasible, there are other feasible means. We’ve pointed them out to you. As far as an undesirable change in the neighborhood, the neighborhood doesn’t only extend from the land. It extends from the sea, people looking in on the shoreline, and it also refers to changing the accepted height that the houses, the residences can build at. Twenty-eight feet is the accepted, and the variance needed is over 28 feet, but we start granting variances for above that, then that becomes the norm, and the change in the neighborhood then becomes obvious. There’s a change in the height requirements, or what’s accepted, but in any regard, even if there was not a change in the neighborhood character, I would think the request is moderate, and I think the relief is self-created. So I’d be against that portion of the variance. MR. ABBATE-Okay. Mr. McNulty, please. MR. MC NULTY-Well, I’m in agreement with what’s been said so far. Again, the variance for the frontage on a Town road, that’s almost a given if we’re on the lake, and certainly for this development. I’ve got no problem with that at all. Given that this is new construction, I think there’s an opportunity to build a compliant house, and so far I haven’t seen evidence that it’s not possible to build a compliant house in this location. So that sets me on the negative side. I’m also still concerned about the height measurement. As you’ll recall, we’ve still got an appeal floating around in the courts for a boathouse that was built, scaled from the drawing, and it was a major oops, and I think we’ve got the potential here, too. We’ve got a whole nice set of drawings but no height shown, and I think we need to have the engineer write down a solid figure for us, but in any event, I would like to see that solid figure be compliant with the height. So I’m also going to be opposed. MR. ABBATE-Thank you very much. Mr. Underwood, please. MR. UNDERWOOD-I’m basically in agreement with what’s been said, but I will offer some suggestions. The 40 feet of relief from the road frontage I don’t think I have a problem with that whatsoever. I would think that, more than likely, that the front part of your building there where your pitch of your roof is quite steep up there could be modified. It may end up with a, you know, three foot knee wall above that wall and then maybe an eight twelve pitch roof, which would lower you down about a foot and a half, you know, and make it more palatable to me. It’s somewhat understandable, with the steep topography that you have on site there, and I understand what you’re doing, and in this instance here, I’m not as upset as my fellow Board members, because I think that, you know, you are set back substantially from the water and, you know, you do have vegetation around the site that’s going to mitigate that somewhat, but I think you still could modify that roof design a little bit up there. I know that in the back of your house you’re only at 24 feet, and you want to keep a reasonable ceiling height so you’re not 27 (Queensbury ZBA Meeting 8/16/06) bumping your head when you walk into a corner, but I think you could do a little bit of tweaking on that and come back to us. MR. ABBATE-Okay. Thank you, and Mr. Garrand, please. MR. GARRAND-I’m in agreement with my fellow Board members as far as 40 feet of road frontage. I think that’s necessary given the private right of way going down there. I’m also in agreement with respect to the height of the building. When you’re building a house, something can always be done to make it more compliant. The topography may be a limiting factor, but by the same token, any builder could make this a more compliant structure. Part of what we’re looking at is undesirable change in the neighborhood or whether the request is substantial. Well, you start getting into houses over 30 plus feet tall and it can be considered substantial when it has an environmental impact, visually, from the lake, or from one of the neighbors, as far as limiting views from the neighbors. I believe that’s when we could get into considering the request substantial. So I would be in favor of the 40 feet, but at this point not in favor of the five feet of relief. MR. ABBATE-Okay. Thank you very much. I, too, will echo the comments of my fellow Board members, Counselor. However, all is not lost. I will offer you an alternative. I will offer you the opportunity perhaps, if you wish, and the decision is strictly yours, to table, perhaps, your request, and perhaps modify your plans based upon what you’ve heard this evening, and you will be furnished a copy of the minutes of this meeting, if you wish. So if you wish to say, for the record, Mr. Chairman, I would like to table my application, I will honor that, but the decision is yours. Right now you have no support. MR. UNDERWOOD-I would make the suggestion that we vote on the part that we all agree with, because they may modify their plan and not need to come back to us, and then they could proceed and build it. MR. ABBATE-Yes, good point. Let’s make it, in order to be fair, let’s make it quite clear what our concerns are, so let me start with Mr. McNulty. Mr. McNulty, what, specifically, are your concerns? MR. MC NULTY-I think, as we’ve stated, my concerns are the height. I would like to see that reduced and I would like to see a firm engineer’s figure on the height. MR. ABBATE-Fair enough. Mr. Bryant, please? MR. BRYANT-I agree with what Mr. Underwood said. I think we ought to vote on the 40 foot, the road frontage issue, because we all agree on that, and just ignore the height issue, and not approve that. That can’t be done? MR. ABBATE-No. We either go with it all or nothing at all. MR. UNDERWOOD-No, I think that his suggestion is appropriate because it would allow them, if they change their plan, they may not need to come back to us. MR. MC NULTY-Right, but if they don’t change their plan, they’re going to have to apply again for another separate Area Variance. MR. ABBATE-Right, and so I say it’s inappropriate, but that’s your position. That’s okay. I gave him the options, and you stated your concern for the options. MR. UNDERWOOD-Yes, I’m willing to vote on the part that we all agree on. MR. GARRAND-I’m also willing to vote on the part. MR. URRICO-What was the question? The question seems to have changed. MR. ABBATE-Well, basically I asked Board members, in order to be fair to the applicant, to advise the applicant of their concerns, so that if the applicant wishes to table the application, he will walk away with something solid in his hands, so that when he comes back, he can address the specific concerns of our members. MR. URRICO-Okay. My concern is with the height variance. That’s my sole concern. I’m not concerned about the other part of the variance request, which is the 40 feet of road frontage relief from that. MR. BRYANT-Can I ask a question, Mr. Chairman? 28 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-Sure, by all means. MR. BRYANT-If the applicant requests to drop the portion relative to the height, and only go for the road frontage, would that be acceptable? MR. ABBATE-Sure. MR. BRYANT-I want to give him every opportunity. MR. ABBATE-Right. Mr. Bryant is suggesting, and you don’t have to accept this, perhaps a feasible alternative may be to drop that height, and that would clear up some of the issues. The only issue then remaining would be the remaining issue, but that’s up to you. MR. CARR-Mr. Chairman, I do understand the concerns of the Board. Our position is that we’re here asking for two variances. So I think they can be separated, and I would ask the Board to consider granting us the one variance that seems to be of no concern to the Board, and that’s the 40 foot, and that we would be allowed to table the height variance in order to re-evaluate it. I mean, we may come back and say we’ll withdraw that application, that portion, but there’s actually two variances at play here. So I do think they can be separated, and legally voted on. MR. ABBATE-I don’t agree, but that’s up to the Board. MR. MC NULTY-Mr. Chairman, Staff was shaking his head no. MR. ABBATE-Why are you shaking your head? MR. BROWN-I think it’s inappropriate to separate the two requests. MR. ABBATE-You’re supporting me. MR. BROWN-Well, mark it down, this is the one time. They’re both in one application. So I think you want to keep them together. MR. ABBATE-I agree. MR. BROWN-I think the appropriate thing is if they want to go forward, table it, modify the height and do that. MR. ABBATE-I agree wholeheartedly, and I’m going to state for the record I think it’s inappropriate. There is one application before us this evening, Counselor, no matter how you cut the water, and it’s 44-2006. If you wish to have two variances, you should have come up with two separate variance requests. As far as I’m concerned, they’re conclusive. MR. CARR-Well, that’s your position. That’s fine. Can I ask Staff a question? MR. ABBATE-By all means. MR. CARR-Would the resolution, and let me just give a hypothetical, be that the height variance is denied, but that the road frontage variance is approved, and then this application would be over? It’s not that you have to approve both. MR. BROWN-I think they could do that. They could approve the frontage and deny the height, and then you’d have to come back with a compliant 28 foot structure or another variance. MR. ABBATE-Have it phrased, since you phrased it that way, I would have no objections with that, if you phrased it that way. MR. BROWN-And I think if that’s the direction the Board’s going to go, it may be even cleaner just to have the applicant withdraw his request for height relief. MR. CARR-We would be very open to pursuing along those terms, as opposed to tabling the whole thing, and if we need to, we’ll re-apply for just a height variance. 29 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-Okay. Stated that way, I would have no problems with it. So you’re requesting this evening that we address the one issue for a vote for approval and then the other issue, in terms of height, you’ll have to come back for. We will disapprove that. MR. CARR-I’m assuming your resolution will disapprove our request, yes. MR. ABBATE-Yes, we’ll include that in our motion. We would have no choice. MR. CARR-Yes. MR. ABBATE-Yes. That I don’t have a problem with. Mr. McNulty? MR. MC NULTY-No, I’d go with that. MR. ABBATE-Okay, and the rest of the Board members have no problems? Then I have no problems with it, re-stated that way. MR. BRYANT-I have a question about the validity of having two positions in one motion. I would prefer that the applicant withdraw that portion, okay. You make a motion either to approve the application or deny it. To approve part of the application and deny the other portion of it kind of defeats the purpose, I think, of the whole process. MR. MC NULTY-Yes. I’d be inclined to simply form a motion that would approve the road frontage, period, but I’ll agree it would be a lot cleaner for people looking back at this five years from now, if the applicant were to withdraw the request for the height variance at this time, with no prejudice. MR. ABBATE-Yes, I think so, too. I think that’s appropriate. Yes, because we’re not going to be here forever, the other folks coming after us. Would you be willing to do that? MR. CARR-We’re willing to withdraw without prejudice the height variance request. MR. ABBATE-Okay. For the record, Counselor is willing to withdraw, for the record. MR. CARR-The height variance request without prejudice and with reservation of rights to re-apply. MR. ABBATE-That’s perfectly okay. I have no objections concerning that. So our only concern then this evening is frontage. MR. CARR-Correct. MR. ABBATE-And, gentlemen of the Board I’m willing to entertain a motion for the frontage in view of the fact that the attorney for the appellant has made a statement he’s willing to withdraw the height. Do we have a motion? MR. UNDERWOOD-I’ll make a motion. MR. ABBATE-Wonderful. Thank you, Mr. Underwood. MOTION TO APPROVE AREA VARIANCE NO. 44-2006 J & J REALTY LP (JOHN BEHRENS), Introduced by James Underwood who moved for its adoption, seconded by Richard Garrand: Dark Bay Lane. The applicant is proposing construction of a 1,850 square foot single family dwelling on a vacant .7 acre lot which does not front on a public road. He’s requesting 40 feet of relief from the required minimum 40 feet of road frontage for a principal building and he’s also withdrawing his five feet of relief for the maximum height requirement of 28 feet. This Board has, on numerous occasions, approved this same request. That relates back to the fact that it’s a pre-existing subdivision. Again, this is going to be the combining of Lots Five and Six on site there, and we feel that this 20 foot right of way that would be created would be appropriate, given the fact that all the other nearby dwellings also use this same means of ingress and egress on their properties. As far as the five statutes, there doesn’t seem to be any other way to feasibly meet this request. It would not be feasible to do it in any other manner. The alleged hardship is a result of the smaller sized lots being created on this very steep terrain here on site, and this would be deemed appropriate, and it’s not felt there would be any neighborhood detriment if it’s approved. 30 (Queensbury ZBA Meeting 8/16/06) th Duly adopted this 16 day of August, 2006, by the following vote: AYES: Mr. McNulty, Mr. Urrico, Mr. Bryant, Mr. Underwood, Mr. Garrand, Mr. Abbate NOES: NONE ABSENT: Mrs. Hunt MR. ABBATE-The vote is six yes, zero no. Area Variance No. 44-2006, as stated in the motion, is approved. MR. CARR-Thank you. MR. ABBATE-Thank you, gentlemen. AREA VARIANCE NO. 52-2006 SEQRA TYPE: UNLISTED ANGIO DYNAMICS, INC. AGENT(S): TOM NACE (NACE ENGINEERING); J. LAPPER, ESQ. (BPSR) OWNER(S): ANGIO DYNAMICS, INC. ZONING: LI LOCATION: 603 QUEENSBURY AVENUE APPLICANT PROPOSES EXPANSION OF EXISTING MANUFACTURING FACILITY. RELIEF FROM THE MAXIMUM PARKING REQUIREMENT FOR LIGHT MANUFACTURING IS REQUESTED. ZBA MAY CONSENT TO PLANNING BOARD REQUEST FOR SEQR LEAD AGENCY STATUS. CROSS REF: SP 20-06; SP 19- 2002; SP 25-92 WARREN COUNTY PLANNING: AUGUST 9, 2006 LOT SIZE: 12.97 ACRES TAX MAP NO. 297.8-1-10 SECTION 179-4-040 JON LAPPER & TOM NACE, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 52-2006, Angio Dynamics, Inc., Meeting Date: August 16, 2006 “Project Location: 603 Queensbury Avenue Description of Proposed Project: The applicant proposes a 35,660 warehouse building and associated site work, including an additional 140 parking spaces. Relief Required: The applicant requests relief from the maximum allowable parking spaces in excess of 20% for light manufacturing (1 per 2 employees on the maximum working shift), per §179-4-040. Specifically, 357 parking spaces where 180 is the maximum (plus 20% is 216). Thus, relief requested is for 141 additional spaces. Parcel History (construction/site plan/variance, etc.): SPR for this project is pending. SP 20-06: Approved 5/22/06, a 1,825 sq. ft. conversion of light manufacturing work (assembly) area into office space. SP 19-02 Mod.: Approved 7/19/05, a 2,240 sq. ft. conversion of unfinished storage space into office space. SP 19-02: Approved 5/21/02, a 24,867 sq. ft. addition to an existing medical device manufacturing plant. Staff comments: The parking calculation for the use is provided on the site development data page and the submitted site plan. 180 parking spaces are required for the use, the Code allows for additional parking spaces not to exceed 20% of what is required. The applicant proposes 357 total spaces, which is an additional 141 spaces over the 20% maximum of 216 spaces. The relief requested is 65%, which could be considered substantial. The applicant’s justification for the additional parking is due to the fact that the shifts overlap necessitating one space per employee, rather than one space per two employees as permitted by Code. Because this project has been identified as a SEQR Unlisted Action, and site plan review by the Planning Board is required, the Board could consider consenting to a coordinated SEQR review with the Planning Board acting as lead agency.” 31 (Queensbury ZBA Meeting 8/16/06) MR. UNDERWOOD-“Warren County Planning Board Project Review and Referral Form August 9, 2006 Project Name: Angio Dynamics, Inc. Owner(s): Angio Dynamics, Inc. ID Number: QBY-06-AV-52 County ID#: Aug06-24 Current Zoning: LI Community: Queensbury Project Description: Applicant is proposing expansion of existing manufacturing facility. Relief from the maximum parking requirement for light manufacturing is requested. Site Location: 603 Queensbury Avenue Tax Map Number(s): 297.8-1-10 Staff Notes: Area Variance: the applicant proposes the construction of a 33,500 sq. ft. warehouse and other associated site work. The applicant proposes 357 parking spaces where only 180 spaces are required. The applicant has indicated the operations and flextime workforce requires each employee have a parking place. In addition, the applicant has indicated the site will continue to maintain a compliant percentage of the green spaces even with the additional parking. Staff does not identify an impact on county resources based on the information submitted. Staff recommends no county impact. County Planning Board Recommendation: No County Impact” Signed by Richard C. Merrill, Warren County Planning Board 8/15/06. MR. ABBATE-Okay. I’m going to assume that the attorneys and the appellants are at the table. Would you folks be kind enough to identify yourself and your relationship to the appeal, please. MR. LAPPER-Good evening. For the record, Attorney Jon Lapper with project engineer Tom Nace and Randy Bodkin on behalf of the applicant from Angio Dynamics. If we could start with the procedural issue, the Board is probably aware that the Planning Board had this on their agenda last night for a resolution to consider whether they would seek Lead Agency Status, and after a discussion between me and the Chairman, they decided not to pursue that, and they did not seek Lead Agency Status. If I could just talk about that for a minute. A coordinated review would be required if this was a Type I action, in terms of a Type I action, building over 100 feet tall would be one aspect, parking for over 1,000 cars. There’s certain thresholds for Type I, and this doesn’t get anywhere near the Type I threshold. So it’s not, coordinated review is not required, and each of the agencies that have to review it are required to do their own SEQRA review. Certainly a coordinated review is optional, and I could envision many projects where coordinated review is important, if there were environmental aspects that you felt it would be better for the Planning Board to look at. For example, if there were wetland impacts and you wanted to have the Planning Board, which has a lot of wetland expertise or experience, review that so that you wouldn’t have to make a determination about whether or not there is or isn’t a wetland impact that’s significant, but in this particular case, without getting too far into our arguments, this is very specific to the needs of this particular business to add a second shift and to hire more employees which is certainly a benefit to them, but also a benefit to the community. These are the kind of well paying manufacturing and support jobs that you want in the industrial zone. In this particular location, under the Code, they could add buildings. So the area that’s going to be occupied by parking spaces if this is approved could be occupied by a new building, which would also be impervious, would not require a variance. It’s just something unique about the Queensbury Code that more parking requires a variance, but more building does not. In either case, we’re not talking about a green space variance, so that they have sufficient green space to support the construction, be it parking or building, without seeking that kind of a variance. Where a green space variance is certainly a more significant variance because you’re taking away, you’re making it more impermeable, taking away permeable site. In this case, under the new DEC regulations for treating stormwater, it’s expensive to build parking lots because you have to treat the water that comes off the parking lot. You have to treat the stormwater on site. So it’s not a case where they’re trying to just build extra parking spaces because they like to look at blacktop. They have a legitimate need for it. So in terms of the SEQRA issue, we’re asking you to make the SEQRA determination here because there’s not a big environmental impact of just making something impervious that you could do anyway with building, and in terms of their schedule, because they would like to get this thing constructed, and the Planning Board right now, we’re going to go for Planning Board renew anyway for site plan. It’s not that they’re not going to look at it, but because the Planning Board has limited their agenda to six items per meeting and they’re pretty backed up, it’s just a time issue that what we’re concerned about is that if we have to go there first for a coordinated review and then come back to the Zoning Board, of course, for the parking variance, and then go back to the Planning Board for site plan, it’s just going to take many months, and as history has shown over the course of this year that the projects that do require coordinated review do take many months. So that’s why we’re asking you to do the SEQRA review on the parking variance. MR. ABBATE-And if we do the SEQRA review this evening, Counselor, it’s going to be the Long Form. 32 (Queensbury ZBA Meeting 8/16/06) MR. LAPPER-What did we submit? MR. NACE-We submitted Short. MR. LAPPER-We submitted Short because that was all that was required. MR. ABBATE-Craig, should we require the Long Form? My question is this, since there’s a possibility we may not refer this to the Planning Board for Lead Agency SEQRA, and we desire and it’s our authority to do this, to do our own SEQRA, is there any problem with us requesting to do the Long Form? MR. BROWN-That’s an option that you have. MR. ABBATE-Yes, and, you know, Counselor, I’m willing to compromise. I’m not willing to do a Short Form and say everything is hunky dory. I’m willing to honor, unless the Board members tell me differently, your request not to go to the Planning Board for, but if we do, we have an obligation, I do believe, to do a Long Form, rather than a Short Form. MR. LAPPER-We did submit a Long Form to the Planning Board for the site plan, but not to the Zoning Board because it wasn’t required for a simple Area Variance. So we do have a copy of the Long Form here. We don’t have six copies, but we have a copy. MR. ABBATE-I’ll be happy to accept that, give it to our Secretary, please. MR. ABBATE-Now of course much of this will depend upon what the Board says. I don’t make that kind of a decision, but I’m willing to compromise and do a Long Form. Okay. Anything else you wish to say at this time? MR. LAPPER-Not on the procedural issue. MR. UNDERWOOD-Can I ask a question? At the current time on site, are you having problems because of this? I assume it’s a continuous process that that’s why you have the overlap? MR. BODKIN-Yes. I mean, as our workforce grows, we’ve saturated first shift and we need to expand our second shift capabilities, and due to the process, a handoff from one shift to the next, we need parking for both shifts on site at a given point in time, and we’re continuously growing. MR. UNDERWOOD-The number that you came up with, is that a number that’s firm in your mind, or is that like a number that is just picked out of the blue? MR. BODKIN-No, that’s based on calculations of how our growth is projecting, roughly at 20% a year, and you factor things back a little bit, but this is a firm number that we’re going with. MR. ABBATE-I saw a figure, I hope it’s correct. I hope I’m recalling it correctly, that you have had an increase of 38% in your overall growth since last year. Is that correct? MR. BODKIN-Yes. MR. ABBATE-Congratulations. MR. BODKIN-I mean, that’s part of the problem. We came here back in 2002, with a 20 year plan which showed expanding our manufacturing area by an additional, I think at that point it was almost 60,000 square feet, a two story office structure. It was all part of the 20 year plan, and unfortunately we’ve exceeded expectations with a 28% growth per year, as opposed to the 20% growth, because that original planned growth, planned approval from 2002 that we completed in 2003 was supposed to last for an additional five years. MR. ABBATE-Well, the 38% is better than 20. MR. BODKIN-That’s a good problem to have. MR. UNDERWOOD-Craig, I assume you must have some heavy industry number that, I mean, this is light industrial area. Do we have like if it’s a bigger major plant like a heavy 33 (Queensbury ZBA Meeting 8/16/06) industry plant, does that have different parking requirements? I don’t know what the Code book says. MR. BROWN-We have a multitude of different uses that are regulated and there’s parking requirements offered for all those uses. So there’s likely a specific use, if you could come up with one, that we can tell you what the parking requirement is. Just a process thing, I think that’s where we started here, is what you were provided with was Part I, which is the applicant’s half of the Long Form. Part II is the list of questions and the pages that the reviewing agency completes when they’re doing SEQRA, and I, unfortunately, don’t have one of those for you to fill out. I don’t know if you guys have a blank one for them to use, but there’s responses from them and there’ll be responses from you that are required, if you get to doing a Long Form. I don’t know if you’ve decided that yet, but if you get there, I don’t think you have the form that you need. MR. ABBATE-I know it’s not included in your initial package. MR. BROWN-No, no. You have the Short Form, which is totally acceptable. You can certainly use a Short Form to do SEQRA if you want to, but you’re correct. MR. ABBATE-Right. All right, either way we’re going to end up with a SEQRA this evening. It all depends what pleases the Board, and if they decide to go with the Long Form, then we’ll just go from there. In the meantime, we can proceed. Go ahead. MR. LAPPER-If we’re going to proceed, I essentially summed up our arguments for the variance, that we’re not encroaching on green space, that it’s really needed. I’m going to have Randy put on the record, in terms of the uses now and just expanding on what Jim asked about why they really need it and those numbers are real, and he’s got a very simple PowerPoint presentation that just shows about their use. So in terms of the benefit to them, the benefit to the community of adding quality jobs, it’s in a Light Industrial area, so it’s an appropriate use. Parking lots are something that you’d expect to see in the Airport Industrial Park. Certainly there’s a lot of uses there. They could have outdoor storage and, you know, they’re certainly less attractive than this use, but in general it’s an area where you’re going to have employees coming to park to manufacture things. So it’s typical for the character of the neighborhood. Also in terms of the impact on the environment, it’s been designed, and Tom will go through the site plan very briefly, just in terms of the stormwater facilities, and just show you that it’s been properly designed, and we think that this is unique because it has to do with their two shifts and just the way this particular facility operates. So at this point I’d just like to hand it over to Tom, quickly, to walk you through the site plan and then Randy will do his presentation. MR. NACE-Okay. Real quick with the site plan, what’s being proposed now, this is the existing facility, and their outbuilding that’s connected. What’s planned now is a new warehouse building that will free up some manufacturing space in the existing warehouse building, plus provide some office space within the warehouse building. With that, there’s an expansion of the truck circulation route and the parking area which will entail, this is the existing truck entrance off of Hicks Road, and a new truck entrance will be constructed directly into the back of the new warehouse. The back of the existing warehouse that’s truck access now will become parking as well as a couple of additional areas you see highlighted here in a little darker shading will be added to the parking available. Real quick, we are doing stormwater management for all of the new impervious surfaces. The existing pond that’s here that serves this parking area plus some of the building runoff is being expanded greatly and upgraded. Also there’s a new large pond being constructed in the very back of the site which will account for all of the runoff from the warehouse building and from all of the existing and new pavement area in the back. There are a wetlands, some figures of wet area on the very back of the site. Those will be honored completely and we’re going to stay, in fact we’re building a retaining wall across the back here so that we can stay away from disturbing any of those areas. MR. BODKIN-If Craig will bring up the PowerPoint, I’ll just go through things kind of quickly. We’ll start off with an aerial view of the facility. This was taken last winter. It just kind of shows a general layout of our facility and so on. The proposed expansion area will be in this corner here, coming out, for the new facility. It started out here, the goal of this whole project was to look at the company’s overall requirements and put together a plan that kind of met our needs going forward, and why now. I mean, as I alluded to earlier, the facility expansion that we completed in 2003 was based on a 20% growth per year going out five years. We should be good to 2007. Fortunately for our stockholders, we exceeded those expectations. We average about a 28% growth, and 34 (Queensbury ZBA Meeting 8/16/06) then in the paper this weekend you saw, so we keep growing. So we conducted a Phase I, conducted an engineering assessment of, through all departments, what do you guys need to make your departments the best, the brightest, and promote the growth. So we did a survey, using another engineering firm, which identified the needs, which was additional manufacturing area, both in a controlled environment, clean room, per say, and then in a secondary, as kind of a not as clean kind of a dirty manufacturing, if you will excursion and molding and stuff like that, as well as warehouse and distribution area, and it also identified a long term need for more engineering/administrative area. I hope I don’t confuse people. My thing kind of shows this phase of the project then a potential that hopefully if we continue to grow we may be there and we’d come back and discuss that one at a later point. So Phase I engineering assessment. Phase II was he facility design, the warehouse construction, and then Phase III was the potential for another office expansion. Looking at employment projections, current as of two weeks ago, we toppled I think 305 total employees at Angio. Two hundred and thirty are on site, and we’ve got approximately 58 sales reps in the field, and we distribute worldwide. So we have, we’ve got people in Europe and all over. Projections, looking out at 2012, again, numbers from the engineering study that we did, polling all departments, how they saw their areas growing, and some of them are going to look crazy. I factored them back a little bit, but roughly 363 employees with approximately 80 outside. So that’s 363 New York State here local jobs, etc., and that’s just the graphic projection of those groups, what it looks like going out. Parking requirements, first shift parking requirements roughly 210, and as we expand and grow the second shift, currently we have about 27 people on second shift, and again, we continue to grow. So this gives us the ability primarily a second shift and the manufacturing environment with some warehouse support, a little bit of engineering and tech support, get this 153 number, or kind of what was in the drawings. Guest parking, handicap parking. So that’s kind of where we’re headed. MR. BRYANT-Could I ask a question? MR. BODKIN-Yes. MR. BRYANT-Could you back up there. On that slide you say that you’re proposing 380 spots, and yet. MR. NACE-Three sixty is what we’re actually proposing. MR. BRYANT-Yes, 357. MR. NACE-Right, 357. MR. BODKIN-357, 360. MR. BRYANT-357 is the number, right? MR. NACE-That is correct. MR. BRYANT-Okay. MR. BODKIN-Proposed objective, again, from the assessment, the current warehouse is 15,000 square feet, and this phase we’re going to grow that and manufacturing will stay the same. Offices grow a little bit because I’ve got two floors within this warehouse, so I have office space upstairs and downstairs, and then as we go out further in the second phase of the project, warehouse space will grow a little bit by retaining some of the existing warehouse space as warehouse space, and then taking the remainder of it and converting that into manufacturing space as well as a two story office structure if we get there. So it’s just kind of showing how we’re going to go. I kind of use the same PowerPoint to address multiples of groups. So some views, so you kind of get an idea of what our manufacturing looks like, is showing shots across the manufacturing floor. This is roughly a 12,000 square foot clean, controlled environment, and the reason we’re talking is because our warehouse is becoming quite full. We’ve been very creative in the best utilization of rack space, etc., etc., and we’re tight. Another view of the packaging area product comes from the clean area out into the boxing area through a multiple of ports, windows and conveyance systems. The proposal that we’re making with the warehouse expansion, this budget impact is roughly $5.1 mil. It’s construction, you know, everything’s, utilities. We’re bringing in new water line mains. We’re bringing in additional power. Unfortunately, the power that we have there today isn’t sufficient for our growth, because we’ve exceeded our growth. So it’s a new power with Niagara Mohawk, a new transformer, etc. Phase III, hopefully by the end of our second quarter 35 (Queensbury ZBA Meeting 8/16/06) numbers will look favorable that it makes sense to proceed with the Phase III, but who knows right now, and if so then we’d be putting that together and coming back at you guys again, in eight months or less, to look at that, but a little premature yet. So I don’t want to go too deep into that one, and then Phase III, if we do that, we’re roughly talking $9.1, $9.2 million dollar expansion. So it’s kind of a similar site plan. The new road coming in here actually is much safer than this current road. I don’t know if anybody’s ever tried to pull out of our driveway here today with the trees in here, it becomes very, it’s a little touchy. So this will make that a little bit better. The warehouse traffic into the new warehouse, additional parking, etc., around, and then this shows the potential for this other office expansion, and at that time we’ll discuss parking requirements for that, but right now. Floor plan for the first floor of the warehouse showing additional office space and then open warehouse rack storage and distribution area, and then there’s a second floor. Again, additional offices and open bullpen area for additional growth, and then a proposed floor plans of first, second floor of this office structure when and if we get there, and there’s some renderings there. I have some additional ones here on the floor. Trying to have a facility design that works for the area, that’s not loud, a little tech- ish, but fits the environment. We take a lot of pride in our site, our grounds, and spend a lot of dollars keeping it looking nice, and it’s our intention to have that going forward. Kind of a site of where the expansion is going. This is the north end of the property looking back. If you can back up one, Craig, there’s roughly 20 to 25 cars at any one time parked out in the dirt area today, not on blacktop, because we’d be exceeding, you know, some of our current parking a little bit, and at the end of it, when we have our shifts in the Production parking lot we’ve got like seven extra spaces at this point. So we keep growing and growing. We don’t mind parking on dirt, but. So I guess that’s it. MR. ABBATE-Okay. Then I’m going to proceed. I’m going to ask if any members of the Board have any questions concerning Area Variance No. 52-2006. MR. BRYANT-I have a question. MR. ABBATE-Yes, please. MR. BRYANT-Thank you, Mr. Chairman. I understand what you’re saying about the shifts overlapping and so forth and so on, but it’s based on the assumption that 100% of your employees drive, that nobody takes the day off, that nobody carpools, and I understand that. So, whether the shifts overlap or not, then your current situation, you must have a variance to allow 100% parking for all your employees. Right? MR. LAPPER-Are people parking on dirt areas? What are they doing now? MR. BODKIN-In the original plan, those dirt areas were unpaved parking areas, back in 2003. MR. LAPPER-So you’re tight now in terms of what’s paved? MR. BODKIN-Yes. MR. BRYANT-So the point I’m trying to make is that if you have 180 employees now, then you must have a variance at some point to have 180 parking spaces. MR. NACE-I wasn’t part of it, but I would imagine that the previous site plan would have been under the previous Zoning Code, and I don’t remember or don’t know what the stipulations of the previous Zoning Code were for this type of use, parking. MR. BODKIN-We did have a lengthy discussion, because at the time we did the 2003 expansion, we were exceeding the rules at that time as well, and there may actually be a variance on that. It was with the Planning Board. MR. BROWN-Yes, and I think Mr. Nace may have been the closest there. There was probably, prior to the 2002 warehouse addition, there may have been a pre-existing condition on the site where there was too much parking, and that was a result of a previous or maybe, now this wasn’t the original use of the property, right? MR. BODKIN-No. That was PBS Lumber. MR. BROWN-Or the previous site plan, and original conditions of a former owner. So I don’t know if it was a variance granted for parking before, but I think a good portion of it was pre-existing. 36 (Queensbury ZBA Meeting 8/16/06) MR. BODKIN-To answer the question on the carpooling, I’ve done surveys several times, and to date there’s two distinct groups that carpool. We’ve tried to do some things with offering some incentives with preferred parking locations for those who carpool, you know, with some signage internally. With the flexible schedule, we have some people who start at six, some start at seven. They come from all areas of the Town, and let’s face it, there’s no public transportation that hits that area at those times of the morning, and flexible work schedule. MR. URRICO-What are your work shifts? MR. BODKIN-Being flexible, it varies a little bit, but a normal day for the production people starts at six in the morning, and work nine hour days. So we’d let them out, they work a four hour day on Fridays, and then second shift comes in at 3:30, works until like one o’clock in the morning, Monday through Thursday. Fridays they come back in roughly 11 and work four hours. So some of the things you’ve got to do today to compete with for the workforce. MR. URRICO-So the overlap is, what, between one and four, basically? MR. BODKIN-The overlap is right at that 3:30. They come in, so they’re at the five minutes or twenty five after three, and the second, the first shift is leaving at 3:30. So there’s a transfer of where we are in this production order. These are the things that are going on, keep the machine running, and so on. MR. URRICO-And your sales people, do you bring them in from time to time? Are they there on site at any one particular time? MR. BODKIN-They come in generally about twice a year. We try to keep them in small groups that we can manage. Sometimes the marketing sales group is a little unmanageable. So 25 to 30 of them may come in at a time for training sessions and get them acclimated to the production environment, etc., and then the number of guests throughout the day and so on. MR. ABBATE-Okay. Any other members of the Board have any further questions? MR. URRICO-To me there seems to be a lot of, a sea of black here. Is there any way to mitigate that black? I mean, from the conceptual designs I see some trees sparingly put in between some of the spaces, but mostly it’s just a big parking lot, which I guess is what it’s intended to be, but is there any possibility of putting in some walking paths or things that would break up that sea? MR. LAPPER-Before I hand this over to Tom to talk about landscape plan, I guess I’d just like to say, Roy, that Randy indicated they certainly spend a lot of money on landscaping maintenance to keep the site neat and clean. It was built as a lumberyard, and in that zone, what is typical in that zone is this outdoor storage, mini warehouse. This is really one of, certainly one of the nicer facilities. It’s next to the airport, which is a sea of blacktop by definition, and, you know, when you’re talking about helping manufacturing, it’s good to have a sea of blacktop if they’re filled with cars. MR. URRICO-I understand that. MR. LAPPER-But that doesn’t mean that there can’t be some augmentation of landscaping. So let’s let Tom address that. MR. NACE-Sure. Real quick. We do have I think 46, almost 47% green space on the entire site, and if you’ve been out there, obviously you’ll notice, if you notice the band adjacent to both County Line Road and Hicks Road is a fairly wide green strip that, as they’ve said, is very well maintained and landscaped at this time. Most of our new pavement that we’re putting in is back in the back end of the site. This area is certainly buffered by, from any view anywhere, by the trees that are in here, plus it’s significantly downhill from County Line Road, and the rest of it’s directly behind the warehouse, and partially buffered by the existing trees that will remain along Hicks Road. We have attempted to make that a little better by putting a series of street trees along the back here that will help the view from Hicks Road. So, you know, the main part of the additional sea of black, if you will, is back in an area here where we think it’s fairly insignificant. MR. ABBATE-Okay. Any other questions from members of the Board? Okay. If there are no other questions from members of the Board, then what I’m going to do is open up 37 (Queensbury ZBA Meeting 8/16/06) the public hearing for Area Variance No. 52-2006, and do we have anyone in the public, sitting here this evening, who would like to comment? I see no hands raised. PUBLIC HEARING OPENED MR. UNDERWOOD-I have one letter. MR. ABBATE-And, Mr. Secretary, if we have correspondence, would you be kind enough to read it into the record, please. th MR. UNDERWOOD-We have one letter. It was received on August 15. It’s to Mr. Charles Abbate, RE: The Angio Dynamics Facility Expansion Plan, “EDC Warren County and its board of directors fully support the plan by Angio Dynamics to expand its facility, providing the necessary manufacturing, development and distribution infrastructure to continue the company’s rapid growth. Warren County has long been associated with medical device manufacturing. In 1991, Angio Dynamics established its corporate headquarters in Queensbury to take advantage of the available medical industry synergies and experience. The company now employs over 300 people, is an exemplary corporate citizen and has been a major contributor to economic development in the County. The planned expansion of Angio Dynamics’ existing facility is vital to the company’s continued success as well as the overall economic development of the region. Current projections suggest over 100 new jobs will be created by the company within the next seven years. In addition to contributing to local economies, this type of growth will help solidify Angio Dynamics as an essential and dynamic presence in the healthcare industry. The benefits of the proposed facility expansion to both Angio Dynamics and the County cannot be understated. We urge the Zoning Board of Appeals to support this important initiative and embrace our combined efforts to grow this industry within the region. Your time and consideration is greatly appreciated. Sincerely, Leonard Fosbrook President, EDC Warren County” MR. ABBATE-Okay. Thank you, Mr. Secretary. I’m going to ask members to offer their comments, and, again, the comments that are going to be offered by the members are going to be directed to the Chairman only, and as a result, the comments offered to the Chairman are not going to be open to debate. So, having said that, and I’ve earlier requested respectfully that the members remember, recall that precedence mandates we concern ourselves with the evidence contained on the record. Having said that, do I have a volunteer who would like to comment, initially, on Area Variance No. 52-2006? MR. BROWN-Mr. Chairman, if I could go first, not that I’m a member of the Board, but I think, after looking at the presentation, it came to light a little bit more for me, again, it’s a process question, a SEQRA question. MR. ABBATE-Sure. MR. BROWN-What we’re talking about here is here’s the phase we think we’re going to do this year, we want to do this year. Here’s the phase we may do next year, and as you’re well aware, the main goal of SEQRA is to take an overall comprehensive look at the project and what the potential impacts are for the whole project, rather than do small little reviews each time there’s an addition or a new phase to the project. One phase is 100 square feet. The next phase it’s 200 square feet. Pretty soon you’ve got a 5,000 square foot building. If you had looked at the impacts of a 5,000 square foot building up front, maybe you look at it differently, SEQRA wise, than you do each 100 or 200 square foot segment of the project. So with the current 36,000 ish square foot building, and the proposed, what’s shown on there, it looks like more office space than manufacturing, again, there’s more to the project than what’s being sought right now. My guess is there’s going to be more parking associated in the future. There may be more relief, more site plans in the future, and probably very few people’s three favorite letters when it comes to SEQRA, are EIS. That may be something that is an appropriate thing to do here. There are future phases of this project that are envisioned, and they’ve been presented to you by the applicant. Again, the goal of SEQRA is to do one comprehensive review of the project, and not new reviews every year when you get to that new phase. So I just wanted to put that out there. You may get a comment from the applicant that may affect, you know, where this goes tonight. I just needed to say that. MR. ABBATE-As a matter of fact, I think we discussed that this morning. MR. BROWN-We did. 38 (Queensbury ZBA Meeting 8/16/06) MR. UNDERWOOD-My question, though, would be this. What we’re being asked to approve this evening has to do with parking spaces. MR. BROWN-Correct. MR. UNDERWOOD-And we’ve dealt with parking spaces on numerous occasions before. MR. BROWN-Right. MR. UNDERWOOD-I think that in the instance of creating parking, you know, using, as the worst case scenario, you do something like you did over at K-Mart, you know, where you produce acres and acres of needless parking that will never be used by anyone in the future. In this instance here, we’re looking at an additional 140 parking spaces. MR. BROWN-In this phase. MR. UNDERWOOD-In this phase here. As you suggested, if we’re only going to look at it in a segmented manner like you also just made the suggestion to us, too, certainly it’s not going to be a potentially huge impact, as far as the fact that, you know, the new stormwater regulations pretty much are succinct. They have to not allow anything to go off site. MR. BROWN-Right. MR. UNDERWOOD-But is it appropriate for us to look at it with, you know, blinders on, or should we look at it in a broader perspective? I think that’s what you’re suggesting to us, in that instance. MR. BROWN-That’s correct. MR. UNDERWOOD-But is this going to hold up the future operations here if they go to a six or a year long review until the process is complete? I don’t know what effect it’s going to have on them as a business either. I think in our instance here there’s going to be a thorough review at the Planning Board of the warehouse facility as proposed here, you know, as well as the parking if we approve it, and I’m just wondering, you know, where do we draw the line? MR. BROWN-I don’t disagree with anything that you’ve said. I just think that if we know there are going to be future phases, and the proper way, I guess, to do SEQRA, there are alternative ways, you can do individual reviews, but if know there are future plans, the goal of SEQRA, the reason to have SEQRA review, is look at the whole project. Will this small addition, relatively small addition, based on the whole project, create adverse impacts? Maybe not, but when you do two or three of those together, now you’ve got one bigger project. What are the impacts of that? And you won’t ever have a chance to look at that if you do them one phase at a time. MR. UNDERWOOD-When you went to the Planning Board last evening, was there some question in the minds of the Planning Board? Is that why they didn’t want it? MR. LAPPER-No. When I had the discussion back and forth with the Chairman, and explained the nature of the parking variance that we were seeking, he felt that it wasn’t necessary for this. It wasn’t that big, that it didn’t reach any thresholds and it wasn’t necessary in this instance to do a coordinated review, that the Zoning Board could do a review, but I really want to comment, on the record, on Craig’s comments, because I certainly concur with him about SEQRA and segmentation, and how important an issue it is, but it’s sort of the opposite that the reason Randy provided this material is to say, look, these are all our plans. We may not get there, but it’s not segmentation if we’re showing you the whole thing, we’re disclosing, this would still not seek a green space variance. What Tom has designed, if we do the future parking lot and the future office building, it still fits on this site. So in terms of segmentation, we’re saying, hey, does that max out the site? Probably, but it’s all there. I mean, does this create traffic issues? No, and this area is a real quiet area. There’s very little traffic on those roads. The site can handle it. So in terms of segmentation, we’re disclosing to you and we’re showing what could happen. That might happen, they may be off by three years. They may never get there. I don’t know, but that’s what they would hope to get to, and there’s no one that gets impacted. There’s no neighbors. 39 (Queensbury ZBA Meeting 8/16/06) MR. BROWN-I think that it is segmented if you don’t, I’m sure they’ve told you about it, if you don’t do SEQRA review on the parts that they’ve told you, you’re segmenting your SEQRA review. You’re going to come back next year and do SEQRA review on the next phase. If you do the SEQRA review on the future phases now, that’s fine. Then it’s not segmented, but if you don’t, I think that’s a pitfall of doing your own individual Unlisted SEQRA review, you don’t look at the whole picture, you look at this phase. MR. ABBATE-Well, regardless of what we do this evening, does this still not have to go to the Planning Board for site plan review? MR. BROWN-Absolutely. MR. ABBATE-Correct, so that’s what I’m saying. MR. MC NULTY-Nevertheless, you know, we can do our SEQRA review on the parking they’re proposing now, or we can do a SEQRA review on the total potential parking, and for instance, one of the things I was going to bring up, and they caught part of what I was going to complain about. Their original write up on impact said there’s no alternative. Well, there is an alternative. There is carpooling. Now, it may not be practical now, with the staff that they’ve got now, but if they’re going to end up doubling their staff at some point, then the potential for carpooling may be greater because you’ve got more people involved. Maybe that should be looked at. Also mass transit. Public transportation doesn’t come to our site. Well, maybe it could be arranged to come to your site if enough of the staff were coming from certain areas. So there’s some things that could be looked at which aren’t practical to look at when we’re talking about 137 or whatever increase in parking spaces, but if we’re talking about 200 or 400 or 600 increase, then maybe there’s a chance for an evaluation to take care of that, and I don’t think we necessarily have to listen to the Planning Board saying that they didn’t want a coordinated review. I understand the applicant is in a hurry to get things going, and that’s a consideration, but we don’t necessarily have to accept that. MR. UNDERWOOD-Obviously, in 2002, though, the cat was so called out of the bag because they had already, you guys had already made your projections, even back then I would assume. Isn’t that what you just told us? MR. BODKIN-Back in 2002 there was a 20 year plan that kind of laid the groundwork that we were growing, and if everything went as according to plan, this is where we might be. MR. UNDERWOOD-Has that received any kind of review by the community? MR. BROWN-No, that 2002 site plan review didn’t envision either one of the two phases that have been shown to you tonight. MR. LAPPER-There’s nothing, in an industrial zone, I mean, the idea of having parking spaces is not, this isn’t like if you were next to a residential zone or something. This is what you want. I mean, these are good paying jobs that keep people in the community so that we’re not, you know, like Utica or Amsterdam or something where people are leaving, and this is exactly where they should be, and in an industrial zone, you could have all sorts of outdoor storage, you know, this looks more like a corporate office than manufacturing, and the question where Chuck is going with this, it’s a question of what’s the impact on the community, and when you’re expecting to see manufacturing facilities and parking, they’ve got the landscaping on the outside. As Tom said, the parking is on the inside. If they do the next phase and they do the building, that’s a very attractive, what we are showing you is a very attractive office building, nicer than anything in that zone, but there is no negative impact on the neighborhood for having more jobs and more cars in an industrial zone. That’s what you want. You want jobs. MR. UNDERWOOD-When we created the light industrial zone out here along Queensbury Avenue, wasn’t that the intent of that, to create opportunities for these businesses to expand? MR. BROWN-No question. There’s no argument that this is the appropriate place. It’s zoned for this. That’s what you want to do in every business is to grow, and my only argument, and the decision’s not mine ultimately, but my only argument is, just make sure when you review it, you review it the best way, that’s all. MR. ABBATE-But there is a realistic approach to this whole thing, too, and I understand what everybody has been saying. Let’s look at the positive aspects of this thing. Angio Dynamics is expanding. They’ve increased 38%. They’re going to generate, if I’m not 40 (Queensbury ZBA Meeting 8/16/06) mistaken, 100 or plus new jobs for this area. What they have done so far, from what I can see, that the area that they’re using right now is really a landmark. They really have taken a tremendous amount of pride in establishing what appears to be a very pleasant looking organization. That’s the realistic approach. Now, do we say, well, wait a minute now, maybe we should go beyond what they’re requesting this evening and perhaps hold up this expansion and invariably it would have an adverse effect, not only on the economic aspect of this whole project, but it may have an adverse effect on other areas as well. That’s the realistic approach. What you’re saying, Craig, I understand. It’s a concern, but let’s make it a logical and reasonable and realistic concern. Do we tie these folks up for another six months to a year? MR. BROWN-If it’s the right way to review it you do. MR. MC NULTY-Okay. Let me throw the counter at you, not necessarily that I’m pushing it from my point of view, but I think it needs to be brought out. This happens very often when an industry wants to do something. We’re going to do something, we’ll give your town a fire truck, or we’ll give you a ladder truck, or we’ll give you a $100,000 for something, or we’ll give you jobs, if you’ll only ignore the environment, or if you won’t worry about eating up your green space. That’s the flip side of this. MR. ABBATE-Yes, but I don’t think that’s an issue. MR. MC NULTY-It is an issue. They’re saying we’re going to give you a lot of jobs, which is good, and I’d much rather have their kind of jobs than I would the minimum wage jobs we get out of tourism, but at the same time, the argument there is we’re giving you a lot of money. So sell us something that you wouldn’t give somebody else. MR. ABBATE-I don’t think that’s their argument at all. MR. URRICO-I don’t see them asking for that kind of, what I see is a manufacturer that has exceeded beyond their projections. MR. ABBATE-Absolutely. MR. URRICO-And needs some help, at a time when jobs are important to people in this area. I think we have to accommodate, not accommodate, but compromise and work with these companies. We have very few light industrial zones in this Town. So we have to work to, in some manner, so that we can help them, but also maintain the integrity of the Zoning Code. I think that’s what we’re trying to do here. MR. ABBATE-And I would agree with you, Roy. I think it was well stated. There’s no question about it, and, and that’s what I said, what I meant by a realistic approach, gentlemen. Sure, should we be concerned with everything that’s been said? Of course we should be concerned, but let’s take what’s going on at the present time. MR. URRICO-But I think Craig’s point is well taken as well, in that, you know, who’s going to take responsibility for looking at the project as a whole, so that everybody gets what’s in their best interests. MR. UNDERWOOD-I think that that could be accomplished, though, by including that as an addendum to whatever we decide here this evening. I think that we could say that, you know, we would expect, given the projections, that this site would be expanded, but that the expansion would be in conformity with what’s build out on that site. I think that’s reasonable to assume, and you don’t have to say, we want to build a million square foot facility on this lot. MR. ABBATE-That’s an excellent approach, Jim. MR. LAPPER-And it addresses Craig’s issue as well. MR. UNDERWOOD-And I think that then, at that point in time, that could go for site plan review for future expansions. MR. ABBATE-Sure, absolutely, I agree, Jim. Everything that’s been said is important, what Mr. McNulty has said and what Craig has said, no question about it is important, but let’s take the realistic approach, and I think the realistic approach is what Roy has said and what you have stated. That, to me, is the realistic approach. I mean, it’s a Light Industrial area. Why stymie growth? Why stymie 100 plus new jobs? Why stymie the economic adverse impact it may possibly have on the area to say no? 41 (Queensbury ZBA Meeting 8/16/06) MR. UNDERWOOD-Well, and I think that we can still temper that with the proper environmental standards that are appropriate. MR. ABBATE-Sure. MR. UNDERWOOD-And stormwater runoff from a parking lot doesn’t happen anymore with the new regulations. I mean, that’s not something that we deal with at this day and age, and I think that on this site here, they’ve already substantiated that they’re going to have adequate and site plan review is also going to review that. MR. ABBATE-And I’ll say, I’m going to be very honest, this is one of the nicest projects, quite frankly, that I have seen, and your presentation, and you folks have probably been one of the few organizations that have come before this Board, have been completely honest with us in your projections. Should we punish you for that? I say no. MR. BODKIN-Too honest, if anything. MR. ABBATE-Well, should we punish you for that? Okay. Now you already had a 38% increase in growth sales for the last year. Am I correct? Or 36, 38%, in the Town of Queensbury, New York. So, anyway. MR. MC NULTY-I think you’re on the right track, but go at it the right way. There’s nothing that prevents you even stating that you’re considering the extra expansion that may come along when you go through the Environmental Assessment Form, but do it that way. Don’t do it because they’ve got a lot of money they’re giving you, which is what you guys are saying. You’re saying, let’s push this through because we don’t want to stall the job. MR. ABBATE-No, no. Here’s what we’re saying, guys. Here’s what I’m saying. I’m proud of Angio Dynamics and their success and what they’ve done in a positive manner for the Town of Queensbury. That’s what I’m saying. MR. UNDERWOOD-Why don’t we go through the EAF form that they’ve filled out. Because that talks to what the effects are going to be here. MR. MC NULTY-Okay. Before you start on that, though, if you go through the, which one are you talking about, the Short Form or the Long Form? MR. UNDERWOOD-We’ve got the Long one here. MR. ABBATE-We’re going to do the Long one. MR. MC NULTY-You’ve only got half the Long Form here. You can’t finish that job tonight. You don’t have your half of the Long Form. If you want to finish it tonight, you’re going to have to go with the Short Form. MR. ABBATE-Wait a minute. We do not have to do a Long Form, we can do a Short Form. MR. UNDERWOOD-Let’s do the Short Form. MR. ABBATE-Legally, we can do the Short Form, and if we’re going to have this argument, I’m going to suggest we do a Short Form and not a Long Form, because I see no reason to have to take this project and move it to another date. It’s ridiculous. MR. UNDERWOOD-Why don’t we do the Short Form. MR. ABBATE-Fine, let’s do the Short Form. MR. UNDERWOOD-But, I mean, there’s applicable information that can come off of here that we can use. MR. ABBATE-Sure. MR. NACE-If I could add to your concern about, or not add to it, but help your concern about the environmental effects of the future, we have taken into account that future possibility in looking at the overall green space available. We’ll still stay within the Code on green space if we do that future parking lot in the future building. The stormwater 42 (Queensbury ZBA Meeting 8/16/06) system has been designed for that future parking lot, assuming that that’ll be paved in the future, to take that into account. So we have, you know, looked at the environmental effects of the future build out. MR. UNDERWOOD-Is that what you’ve got on your Long Form, then? Because it talks to building size? MR. NACE-No, the actual sizes are for what is proposed here tonight, but we have looked, we’ve designed it so that it will fit within the Town Codes and within the stormwater codes for the future expansion. MR. UNDERWOOD-Can’t we also include that in our resolution, that it should conform and site plan review should clarify this situation? MR. ABBATE-Absolutely. As a matter of fact, I spoke to someone about that just this morning, that we should address, in our motion this evening to the Planning Board what we feel, what our concerns are and what the Planning Board should address as far as the ZBA is concerned. Yes, Jim, you’re absolutely correct, and we can do that. Sure. All right. Let’s continue on. Thank you, gentlemen, that was interesting. Okay. Now, let’s see, everybody’s had something to say, I do believe. So let’s just move on to. MR. MC NULTY-Do you want to do that, or do you want to do your Short Form before you poll the Board? MR. ABBATE-I’m going to do the Short Form next. My next move is the Short Form, and, Jim, would you be kind enough, or I can do it. Never mind. I can save you to do it. MR. UNDERWOOD-It doesn’t matter. If there’s something on there, I can pull it off of here, if you want to know some numbers. MR. ABBATE-Okay. Let me just, let me say this, then. There is a Short Environmental Assessment Form that has been provided to us by Angio Dynamics indicating that there are no negative, significant negative impacts caused by this project, and unless there’s a challenge from members of the Board, I accept that basis in anticipation of no negative responses. MR. UNDERWOOD-Would you like a little background data to back it up? MR. ABBATE-Yes, please. MR. UNDERWOOD-All right. The total acreage of the project area is 12.97 acres. Presently, there is 2.6 acres of forested. After completion of this portion, there will be 1.4 acres forested. As far as the soil drainage, 85% percent of the site is moderately well drained, 15% of the site is poorly drained. There’s no bedrock outcroppings on site. Eighty percent of the slopes are zero to ten percent. Ten to fifteen percent are at twenty percent. There’s no historical places on site. There’s no natural landmarks. Depth to the water table is zero to five feet, I would assume because you’ve got wetlands on site. Is it located over a primary or sole source aquifer? No. Hunting and fishing? No. Unique land forms? No. Is the project site used by the community or neighborhood as open space for recreation? No. Does the present site include scenic views? No. Streams within the area, there are none. Lakes, wetlands and ponds, they’ve got none, but I think there’s some minor ones there. Site plan review will probably substantiate those. Is the site served by public utilities? Yes. Has the site ever been used for the disposal of hazardous waste? No, obviously not. All right. You can finish up, then, go ahead. MR. ABBATE-Okay. All right. MOTION THAT A SHORT ENVIRONMENTAL FORM HAS BEEN SUBMITTED AND BASED ON THE INFORMATION PROVIDED TO US BY OUR SECRETARY, I MOVE THAT THE , Introduced by Charles SHORT ENVIRONMENTAL ASSESSMENT FORM BE APPROVED Abbate who moved for its adoption, seconded by James Underwood: Duly adopted this 16 day of August, 2006, by the following vote: th AYES: Mr. Garrand, Mr. Urrico, Mr. Underwood, Mr. Abbate NOES: Mr. McNulty, Mr. Bryant 43 (Queensbury ZBA Meeting 8/16/06) MR. ABBATE-In a four yes to two no vote, the Short Environmental Assessment Form is approved. MR. UNDERWOOD-All right. I think that we can also include the fact that we would assume, at some future point in time, that is when this comes up with the Planning Board, that the Planning Board must assume lead role status as far as the complete EIS for future expansion on site, appropriate for what’s on site. MR. LAPPER-Well, SEQRA review, but not necessarily an EIS. MR. BROWN-You can’t do that. You can’t require that the Planning Board be Lead Agency. MR. UNDERWOOD-Well, aren’t they going to have to if they’re going to do site plan review? MR. LAPPER-No, they’re doing an independent review, just like you are. MR. UNDERWOOD-Okay. They’ll do their own SEQRA. MR. ABBATE-Right, we’ll just include that, Jim, in their site plan review, because it’s going to have to go to the Planning Board anyway. MR. UNDERWOOD-Well, site plan review should substantiate whether what we’re doing here this evening is inappropriate. MR. ABBATE-Right. MR. LAPPER-Your approval is still subject to their approval on site plan review. MR. ABBATE-Sure. So I think that’s important, folks, that we include that in the motion what Mr. Underwood just mentioned. So I’m going to request a motion for Area Variance No. 52-2006. Do we have a motion? I’ll close the public hearing. PUBLIC HEARING CLOSED MOTION TO APPROVE AREA VARIANCE NO. 52-2006 ANGIO DYNAMICS, Introduced by James Underwood who moved for its adoption, seconded by Richard Garrand: 603 Queensbury Avenue. They’re proposing a 35,660 square foot warehouse building and associated site work, including an additional 140 parking spaces. The applicant is requesting relief from the maximum allowable parking spaces in excess of 20% for light manufacturing, and that’s one per two employees on the maximum working shift. Specifically they’re asking for 357 parking spaces where 180 is the maximum, and that’s the plus 20%, which would be 216. Thus the relief requested is for 141 additional spaces. There were considerable concerns expressed that possibly other alternative means might be available for bringing employees to this worksite, but the manufacturing process, as was described to us, is a continuous process and so it’s necessary that the next shift be on site when they hand over operation to the next employee. At the present time, they’re adding more on the second shift, and it appears that the parking lots will not be appropriate for the number of vehicles necessary for people to move to and from work from all areas of Town in the greater community here. Although we could consider much less parking spaces on site, consideration should be given to the fact that green space is being modified. They’re losing some green space, but they’re still within the, substantial green space is still going to be left over after this construction occurs. We have noted concerns also at this time that future expansion on site, that is more buildings and more future parking, should be addressed by the Planning Board in their review. It was suggested by Staff that we’re segmenting what we’re doing here, but we do not feel, as a Board, I mean, we’re acknowledging that it possibly is segmentation but this is only as far future expansion concerns, and I think that what we’re looking at here tonight is the 140 parking spaces that are going to be created in excess of what is allowed at the present time. So under the five, whether the benefit can be achieved by other means. It does not appear at the present time that there is adequate means necessary for moving people on to the site and off the site from their shift work as they work at the building. The undesirable change in the neighborhood or properties, we have to recognize it’s a light industrial area. That’s what it was created for, and even though we’re creating excessive parking here, in this instance here, it seems to be unique to this operation. 44 (Queensbury ZBA Meeting 8/16/06) We don’t seem to have the same request coming in from other operations in the community. The request would be considered substantial because it’s way over the top. Whether the request will have adverse physical or environmental effects, we don’t seem to feel that there will be because of the stormwater regulations in effect at the present time. I would imagine that if at some future time people aren’t traveling in their vehicles there that some modifications could be made to the parking. Maybe you’ll take it out in the future or use it for other purposes, buildings, and is the difficulty self-created? I would have to say, yes, it probably is self-created, but it was well explained as to why it was necessary. th Duly adopted this 16 day of August, 2006, by the following vote: AYES: Mr. Urrico, Mr. Underwood, Mr. Garrand, Mr. Abbate NOES: Mr. McNulty, Mr. Bryant ABSENT: Mrs. Hunt MR. ABBATE-The vote for Area Variance No. 52-2006 is four yes, two no. Area Variance No. 52-2006 is approved, with the comments contained within the motion to approve. MR. LAPPER-Thank you very much. MR. ABBATE-Thank you, gentlemen. Thank you, members of the Board. This hearing is closed. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Charles Abbate, Chairman 45