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1980-04-16 3~ Official minutes of the Oueensbury Zoning Board of Appeals meeting held April 16, 1980 at '1:30 P.t1. ">0.,,'''''-' "~er:¡bers Present: Kirkham Cornwell, Chairman Ted Tor ner Sjoerdje Richardson Charles Sicard Ì'1ather Reed Dan Gr iff in R. Case Pr ime :3taff: Steve Lynn Lea,c;ue of Women Voters Observer: Betty t1onahan, Sue Levandowski Un a motion by !1r. Sicard, the minutes of the March 19, 1900 meeting were approved with a çorrection on Page 1; Insertion of the word 'Planning'. Seconded by :r. Turner. ;1r. Robert Lawrence, representative of United Parcel Service, came before the Board ¡or an interpretation of the Zoning Laws as they pertain to the proposed distribution plant to be located in an ~1-1 Zone. >1r'. Lawrence submitted pictures of other buildings owned and operated by United Parcel :ervice in other areas. A letter from the Town Attorney, Mr. Brennen, was read. He stated that if the Board decides that the proposed building will be used as a 'freight distribu- ti01'1 ' center, then no action will be necessary relative to a Variance, or a Special Permit. :r. Prime asked ~r. Lawrence why a Special Permit could not be filed by his c~npany so the Joard may review the plans for the proposed center. 11r. Lawrence stated that United Parcel :;,ervice, as a nation wide company, does not wish to ever be classified as a 'freight ter- .:1inal' as they feel they are a unique operation, and able to function wi thin an 11-1 Zone ,,¡ithout causing any difficulty. The definition of the word 'freight' was discussed. The present Ordinance doesn't Jefine freight terminal or distribution cen tel'. 1'X'. Prime fel t the Board .should require that a Special Permit be applied for. The new Zoning Ordinance was consul ted. :1r'. O'Connor appeared in behalf of 1.)1'. Lawrence stating SOf.1e background information and requesting that the Board consider the proposed building as a distribution center. ~1r. Cornwell asked for the Board's opinion for the classification. ¡Jade a motion that the United Parcel Service proposed building be termed center'. Second by t1r. Griffin. Mr. Prime voted 'no'. Carried. Hr. Sicard a 'distribution -- .. "~~"t ,:~'-~ JU, ~·&~.b':l, ,:i¢-1I!Jl'1.iMIì 4i-.r<.~'~i'_'iJt,.;, ""_'~'~";'i'" 35 ::£\\1 BUSI¡IESS: Variance #660 - Walter J. Barthel Pilot Knob Road R-1 Zone Variance to use an existing rental cottage for a woodworking and gift shop. ~r. Cornwell inquired as to why this application could not be considered a home occupation as Mr. Barthel resides at the sarne address. Hr. Barthel stated he plans to purcha:3e additional items, other than those rranufattured in the woodworking shop, and offer them for sale in the gift shop. During the public hearing portion, tT. John Gurba and t-rs. Hildred Harr is, property owners adjoining at the north and south respectively appeared in opposition to the appli- cation. >1r. Ja11es Ayers, appearing for himself and 3 other property owners appeared in opposition. '11"'. Russell Harris appeared in faver of the appl ication prov iding that outside articles are not offered for sale and if a new septic system is installed. The exact wording of the Ordinance was discussed. The Town Planning Board recommended disapproval of this Varia'1ce stating lack of hardship shown and lack of reasonable use of the land as zoned. The County Planning Board concurred with the Town. !'1r. Cornwell explained the Zoning restrictions to i1r. Barthel. 111"'. Sicard nade a motion to disapprove the Application as it concurs with both Plannin~ Boards. 'lI"s. Richardson seconded. Carried. All Board members visited the site. ';pecial Permit 1'91 - Emily & Merile Latterell Fuller Road R-2 Zone Special Permit to place an animal kennel for the sole purpose of providing an area to f'aise and train pure bred dogs. , \ '-- .. ''''''~'k''".:''''11I'- ._ ~'-V'-~~~' "'!":'_ "~"¡~~iJW:'iøi:at~-:-! .,__;",~,_, ¡.',_.·t'J'1.jl!i;';<_,,:ti~;~""'·' 3C ~rs. Latterell stated she has purchased a pure bred dog license and is not interested 1'1 boarding dogs nor does she wish an identification sign as she is only a hobby breeder. 3he added that she would not object to a stipulation as to the number of adult dogs she has at one tir.1e, and that applying fa- the Special Permit would give her a chance to put her neighbors' minds at ease. The Board discussed the dog crdinance in relation to the application. Fencing and land dimensions were explained to the Board by frs. Latterell. :·Ir. Albert Fuller, ;'Ir. Ray Bailey, 11r. Richard White, r-frs. Robert Byers and t1r. Robert <etchell appeared in opposition. t1r. Cornwell e'xplained the terms of a Special Pernit. :r. Latterell requested that the application be withdrawn at this time. No action was taken by the Board. All members visited the site. ','ariance #665 - Thomas E. Lindstrand 30 Twicwood Lane R-3 Zone Variance to place a pool with a 10ft. rear setback in lieu of the required 20 ft. rear' setback. '!r. Lindstrand explained that the pool is an in-ground pool and therefore subject to a grade which would have to be filled in and that there is also ground water to be considered. The Board inquired about the dimensions of the pool and its relatiomtlip to existing power lines. The Town Planning Board recommendations were read. The County concurs with the town. >ír. Griffin rrade a motion for approval of the application as it concurs with both Planning Boards. t·1r. Reed seconded. Carried. All members visited the site. Variance #666 - Sheraton Inn of Glens Falls Abbey Lane off Aviation Road R-5 Zone Variance to remove a 50 sq. ft. sign and place a 140 sq.ft. free-standing sign. '- "f$~'~-rillllt1~" lJ1_~~ _. """""""'~\\i:""::"^';'.'imJtf;.ci1!Þi~j~'!l!IfttjM";~~'AiJt.:!!~..!~~..O'HJ.":~J"_';-'; 37 l',r. Steve Glenn, of ~eraton Inn, explained the existing signs and presented pictures showing the visibility of the signs fr:om the Northway. He added that the present signs present a practical difficulty and the elevation of the proposed sign would not cause an msightly obstacle but rather offer travelers infcrmation. Hr. Cornwell stated that it is not the intent of the Ordinance to allow advertising frO:'! a distance. Previous requests to alter the signs at this location were reviewed. :Jiscussim of the sign ordinance relative to the application followed. Mr. Prime stated he felt the applicant had a practical difficulty. Le~jue of Women Voters representative ~rs. tbnahan, read a statement reflecting the League's stand on the applicatiQ1. t·fr. Mark Lebowitz, of Highway Hosts, appeared stating If the applicants request is granted, then his motel will also file far additional signage. The Town Planning Board recomnendation for approval was read. The County Planning ;ioard disapproved. ;fr. Cornwell stated that the State of ¡:ew Ycrk is undertaking an informational sign pror,rau whereby one sign with space for 4 cr 5 major chain operations' logos Hill be placed .\~ar· appropriate exits m the Northway and other Interstate Highways fer the purpose of directing people traveling these roads. He fel t that when this program is implemented in 'h'~ near future, it will offer the ~eraton Inn ad additional advertising opportunity, creating a reasonable alternative. ¡ irs. Richard son made a motion to deny the appl ica tion. !1r. Ccrnwell seconded. The vote: rfr. Reed, tIoj I'fr. Griffin, Yes; ¡·fr. Turner, ¡¡OJ Hr. Cernwell, Yes; t-fr. Sicard, Yes; ¡fr. Prime, No. Application denied by a vote of 4 to 3. All members visited the site. 'Jariance !f.667 - Samuel J. Pierce Bay Road and Homer Avenue :1-1 Zone Variance to construct an attached 2 car garage with a 12 ft. set back in lieu of the required 30 ft. set back. .. ·'""",!..t,~·"_~ r·"7i,,~'~··,a::·~:;;c·,;';':ä:ak~~~~~~"';""-"'--·'---"""""'·_·_" 3cY ;1r. Pierce stated there is room fer only 1 car to be parked at the present time and he requires space for 2 cars. Elevations and ground water were discusses. ~r. Pierce submitted dimensials and the proposed building ::!aterials for the Board IS cO'1sideration. The Town Planning Board recommendations were read. The County Planning Board concurred 1.JÌ th the Town. ~1r. Sicard lIBde a motion for approval stating reasonable use of the land and as it concurs with both Planning Boards. Br. Turner seconded. Carried. All Board members visited the site. ;eetin.s adjourned at 10:37 P.:'!. ·1'~('ðÞ {; - v '-- ... '.~'~'I!'*''''''~~1~.'''''''.~ ~,..".I!_,~~"-...r"'tl'~":¡':"'.'" :,:,'¡"U~;W'::~~I~o;.·~;:_:_'!'''IO:·J.~·;,~t·,D ". -_~1i't:'1', ·'\'''f':..~·~I!fi-~~5fi~··