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1986-03-19 '-- "- '-' " 7ð Queensbury Zoning Board of ~ppeals held March 19, 1986 7 : 30 P. fL Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard"Mr. Muller and Mr. Kelley. ~irst item on the agenda was the approval of the minutes of the February meeting~ Since the minutes of the February meeting were received late a motion was made to table until nex:t month's meeting. Motion by Mr. Turner, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVB]Ð TH~T the minutes from the February meeting be tabled until next inonth' s meeting. Tabled OTJD BUSIN'ESS: VAB.I~NCE WO. 1050 - John DeTJ[arco, Rockhurst Road 200' north of Seeley Road on Lake George. Motion by Mr. Turner, seconded by Mrs. Goetz, all voting affirmatively, it was RESOTJVBrD THAT Variance ì\To. 1050 be tabled until the Town ~ttorney is contacted: Taòled. Motion was made by Mr. Turner to rehear Variance No. 1054, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance lifo. 1054 will be reheard at next month's meeting. Tabled. V ~RIANCBJN'O. 1056 - Donald Rozelle, ,Jr., rJ[ason Road/Cleverdale - to construct a one family dwelling with 40' setback from Lakeshore in lieu of the required 75' lakeshore sethack in TJakeshore Residential 1 ~cre Zone. Represented by the owner, Donald Rozelle ,Jr., along \vi th Attorney O'Hara. Mr. O'Hara presented pictures of the property showing views from various distances from the lake. '-- Public Hearing Opened. Joan Roberts, who lives across the street, said she was not opposed. She feels the home would conform to the rest of the neighborhood. Charlie ~damson, Æssembly Point, was not for or against the proposal. He brought up the many problems on Lake George, milfoil, sewage, acid rain, etc. He 'rranted to talk about 1 gallon flush toilets and that he felt every ne1.rr home on the lake should be required to use them. Mr. Behr explained that 8. ,1!3eL3ion. of that natu.re would have to be made by the T01rrn Board along with the Building Department. Mr. ~damson stated he kne\v the board could not make this decision but that rather he wanted them to be aware that there was a product available that would help the lake. Mr. Jack Pyle spoke not necessarily objecting to the proposed building but that he would like to see a 50' setback rather than 40'. Long discussion followed on 40 vs. 50' setback. '---' Public Hearing Closed. \,varren County Planning Board approved without addi tional comment. ~ letter from the Adirondack Park Ægency was read. They asked that the trees to the rear of the property be retained. 1VJ:otion by r'[r. Griffin, seconded by lJ[r. Sicard, all voting affirmatively, it was RESOJ/\Ti't10 'CHA.T Variance No. 1056 be approved. The applicant has demonstrated practical difficulty in that houses on both sides are closer to the lake than he is. Positioning of the house this way will keep the trees from having to be cut. All healthy trees are to remain. ~ny adjustment in positioning the house on the property will be worked out between Mr. Pyle and Mr. Rozelle. ~pproved. '-- 2 79 3 JO ',--- VARIANCE NO.1 058 - Wolfram Schille, Cleverdale Road - to replace dwelling on nonconforming lot with dwelling of less total square footage but with less than the required 30' total side setbacks in Lakeshore Residential 1 Acre Zone. Represented by the owner, Mr. Schille. This home is to be a one-family rental unit. Mr. ~uller asked where the septic system is located. Mr. Schille stated there are two septic systems and that the old system will be reused for the new dwelling. Public Hearing Opened. ~ Carl Kratz, who lives across the street, spoke opposed to the proposal. ~r: ~ratz stated he saw no practical difficulty, "1VJ:r. Schille only wants a bigger home". He claims that Mr. Schille states the old home has 2834 sq. ft. of living space when actually it is only 1800 sq. ft: and the new one will be 2658 sq. ft. He also has concerns about the septic system being destroyed during the construction. Mr. Schille stated the sq. footage also included the basement area. New home to be 3 stories including basement. Long discussion followed on foundation sq. footage vs. sq. ft. living space~ Mr. Turner pointed out that if Mr. Schille cho se to build on the old found at ion he coul(l do so with a building permit. He would not need a variance at all. 1"~r: Kratz again brought up the sept ic system problem. He stated there are large groups of people staying in this house and he doubts the septic system can handle it. Mr. Charlie ~damson stated there are tests that can be done to detect a bad system~ (Red dye in particular) Vic Lefebvre of the Building Department said that was true but that you needed the property owner's permission to conduct such tests~ Long discussion ensued on the septic system. NIr ~ Behr stated the only thing the board can act on is the Variance which was requested, the side setbacks, not any other problems. 1'J[r~ 'B'red AlexJØ:,who lives down the road, spoke opposed to the proposal.1 He is particularly concerned about the parking. During the summer months the road is blocked most of the time because of the numbers of people in this house. Another woman in the audience also spoke concerned about the parking problem. Mrs. Joan Roberts also spoke opposed for the same reasons the others stated. \..........- J/ 4 "-' Mr. Don Morrisey, homeowner to the south, stated he hoped the board would put stipulation in Variance that ~r. Schille's guests would have to park on the property not in the road. Mr. Sicard stated that the parking problem was a civil matter and this board has no jurisdiction in the matter: He suggesteli calling the police~ Mr. Muller suggested the neighbors should go to the Town Board to try to get no parking signs put up on that part of the road. Letters from Richard Mead, Mrs. Ann Perry and Melvin and Louise (did not get last name) were read, all opposed to the proposal. Public Hearing Closed. Warren County Planning Board approved without additional comment. Motion by Mr. Muller to deny, seconded by J:~r. Behr, all voting affirm~tively, it was RESOLVED THAT Variance No. 1058 be denied as applicant has failed to show no other feasible alternatives. ~ TIossible feasible alternative would be to place the house on the lot where it is now and accomplish what he wants to do. '- Denied. V~RIANCE NO. 1 059 - Ho bert Schearer, 1 71 ~ viation Road - to install an inground s'wimming pool with less than the required setback from the rear property line and. with less than 10' from the garage: Represented by the owner, Mr. Schearer. Mr: Behr asked why the pool was so large (16' x 32'). Mr. Turner asked if there ìrroul d bean apron ar ound the pool. WIr. Schearer stated he has no desire to build a smaller pool and that there will be an apron all the way around it which would put the fence on the property line. Mr. Schearer also stated he has tryed to buy the piece of property in back of his but that Mrs. Diedrich, the owner, does not wish to sell at this time. ~rs~ Diedrich indicated to Mr. Schearer that she does not oppose the pool. The property is overgr01rrn at this time. Board has some concern about the 0 setback on the rear side of property. Public Hearing Opened and Closed. ',,----, 5 %2-- ',---- ~otion by Mr. Kelley, seconded by Mr. Sicard, all voting affirmatively, it was RESOLV8D THA.T Var~~/ ~059 be approved on the grounds that the property~~~ars to be landlocked. The applicant has shown the maximum relief he can. A.pproved. VA.RIANCF. No. 1060 -iVIarilynMatriccio, Hall Road/Glen Lake - to divide a nonconforming parcel creating two nonconforming lots (there is a seasonal (lwelling on. each lot) and replace one of the seasonal dwellings with a year-round dwelling in Single Family Residential 30 Zone. Represented by the owner, Marilyn Matriccio. Public Hearing Opened. ~'~r. McDonald, who owns the right of way in the back of the property is not opposed to the proposal. Public Hearing Closed: ~ Warren County Planning Board approved. Motion by Mr. Sicard, seconded by Mr. Turner, it was RESOLVED THAT Variance No. 1060 be approved. Variance includes the division of the land. Building will have north anti south setbacks of 6' instead of .' . VOTE: Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr~ Sicard, and Mr. Muller. No - Mr~ Kelley Variance No. 1061Y- Donald Kruger, west side ~1J:eadowbrook Road, 600 ' north of Cronin Road - to construct a single family dwelling on lot with less than 10,000 sq. ft. area in Urban '1estd.eatlal 5 ~one~ Represented by the owner, Mr. Kruger. Mr. Turner asked if a Site Plan had been OK'd. Mr~ Kruger '. stated yes and there were no stipu.lations added to it. ',---- House to be 32' but is expandable to 53'. Septic system to be placed in front yard~ t3 6 '--- ?ublic Jearing Opened and Closed. TJIot io n byivrr. (fuller , seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT Var i anc e N 0 ~ practical difficulty. The footage required by UR-5. Queensbury Planning Board. Approved. 1061 be approved because of its' lot size is less than the square Site Plan approved 3-18-86 by the Motion by Mr. Turner, seconded by Mr. Kelley, all voting affirmatively, it was RESOLVED THAT the meeting adjourn~ \.....,. "~ e£~ ~{)~ J'I '- Corrections GO Zo!Üng Board of ~ppeals J'1eeting Held March 19 1986~ Page 3, last paragraph - fJIr. Fred Alexia - name should be spelle(l 4.1 ex:.y; Page 5, paragraph 2 should read - RESOLVED THAT Variance No. 1059 be approved on the grounds that the property to the rear appears to be landlocked~ The applicant has shown the maximum relief he can~ Page 5, paragraph 11 should read - RESOTJVED THAT Variance Tifo~ 1060 be approve(L Yarianc¡3 includes the division of the land. Building will have north and south setbacks of 6'. \.......- \.......-