1982-04-21
MINUTES
/1 !
Queensbury Zoning Board of Appeals
April 21, 1982 - 7:30 P.M.
PRESENT:
Kirkham Cornwell, Chairman
Theodore Turner, Secretary
Susan Goetz
Daniel Griffin
Charles Sicard
Sjoerdje Richardson
R. Case Prime
ABSENT:
STAFF:
None
Steve Lynn
Mack Dean
NEWS MEDIA:
Lee Tugas, Post Star
The minutes of the March 17, 1982 meeting were approved on a
motion by Charles Sicard, seconded by TModore Turner. Motion
was carried unanimously.
A motion was made by Charles Sicard to approve Theodore Turner as
vice-chairman in the absence of Kirkham Cornwell, Chairman. R. Case
Prime seconded the motion and it was approved on a 5-0 vote. (S.
Richardson - absent)
NEW BUSINESS:
Inter retation No. 11 - Gerald Lemmo - 16 Crownwood Lane Glens Falls.
An interpretatl0n was needed 0 determlne whe her Mr. I,emmo, a ree-
lance photographer's use of his basement for photography would be
considered as a home occupation. Defination of Home Occupation (3.234)
was read. Many questions arose and Mr. Lemmo was not present.
A motion to table was made by Charles Sicard and seconded by Susan
Goetz. The motion was carried unanimously (S. Richardson - absent).
Variance No. Pressure S stems Co. A Division of Sinclair
International - Boulevard - to enlarge a non-conforming use less
than the allowable 00 300 sq. ft. addition) with area variance
for 10 ft. front setback in lieu of the required 40 ft. front
setback and 14 ft. side setback in lieu of the required 50 ft.
side setback adjoining a residential district, on the property
situated at 85 Boulevard.
Michael Biondolillo was present to speak on the applicant's behalf.
Also Mr. Don Morrissey was present.
There was a discussion of fencing and Mrs. Allen~(81 Boulevard)
letter was read. She had no objections but she wants fencing
between the two properties. The Company is agreeable. Mrs. Allen
was present to speak in favor.
A report from the Beautification Committee was read.
Page two
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Mr. Joseph Sheloski, Warren st. resident, was present. He spoke
of two problems in which the Company took care of. One was of
trucks turning around in his private drive and the other a water
problem. A noise problem (in the summer) was also taken of.
Mrs. Krause, across from P.S.I. on Boulevard, spoke in favor.
A motion to approve was made by Charles Sicard, seconded by
Daniel Griffin. Motion was carried unanimously.
RESOLVED: The Board granted this variance. The
Board is of the opinion that such variance
be approved as an expansion of a pre-
existing nonconforming use with variance
for front and side setbacks per application.
Fence to be moved and reinstalled on Mrs.
Allen's property line.
Interpretation No. 11 was re-opened at 8:00 P.M. with Mr.
Gerald Lemmo present to answer questions. He answered questions
of transfer of money, advertising and parking.
The defination of Home Occupation was brought up again and the
limitations were read.
A motion was made by Susan Goetz that Mr. Lemmo's business would
be considered a home occupation. Seconded by Charles Sicard.
DECISION: Home occupation per ordinance and letter
of April 5, 1982 from Gerald Lemmo. The
following vote was taken:
Goetz-
Griffin-
Turner-
Yes
Yes
Yes
Cornwell-
Sicard-
Richardson-
Prime-
Yes
Yes
Yes
No
S ecial Permit No. 102 - Chuck and Anne
Bay Road, Glens Falls - to place three
structures for rental purpose in an R-5
situated at the west side of Bay Road.
Mr. Chuck Catalfamo was present to speak on his own behalf. Each
duplex would have 2 apartments with 5 bedrooms each. They would
be partially furnished "dormitory-typett apartments. The college
would not be involved. Each person will be under contract with
deposit or security given. The requirements for Special Permit
were read. It was stated that 30 parking spaces will be available.
Drainage was discussed and septic approval has not yet been received.
Catalfamo - west side
3 duplex resldentlal
zone on the property
Mr. Allan Read, was present on behalf of his mother, Adelia Read
of 484 Bay Road. He stated that she was a long-time resident.
Page three
/~d
The College has been her neighbor for 20 years and is happy with
that fact. f~. Read stated that he feels the housing of students
should be on college campus property and college run. Discipline
and septic waste in the brook were his concerns. Traffic flow
problems were discussed by Mr. Read. Environmental Assessment
exerpts were read. Lifestyle is also of importance to him.
Mr. Norm Ferguson, a neighbor, was present to speak against the
Special Permit. His concern is the brook. He feels that 100 ft.
from the brook for septic system is insufficient. (All members
have visited the site). He feels the septic waste will definately
run in the brook and thus ruin drinking water for area residents.
Agrees with Mr. Read.
Dr. Blank was present to answer college related questions. He
discussed the 25 mile commuting distance and reasoning behind
why there is no on-campus housing.
R. Case Prime made the motion to approve and Sjoerdje Richardson
seconded. The vote is as follows:
Goetz-
Griffin-
Turner-
No
Yes
Yes
Cornwell-
Sicard-
Richardson-
Prime-
No
No
Yes
Yes
RESOLVED: The Board granted this Special Permit with
the following findings:
THE BOARD FINDS:
I. The use is one specifically enumerated in the district.
2. Such use will not be prejudicial to the character of
the area.
3. The Board determines that there is appropriate pro-
vision for access facilities adequate for the estimated
traffic from public streets and/or highways and that
there are pedestri~an walkways so as to insure public
safety and to avoid traffic congestion.
4. That there are full adequate parking areas and off-
street loading spaces, in conformity with the proposed
parking requirements of the zoning ordinance of the
Town of Queensbury and all other related ordinances.
5. That suitable planting or screening has been required
as follows: Approval per Queensbury Committee for
Community Beautification.
6. That such use is of the same general character as,
or will not be injurious to, the surrounding neigh-
borhood or district.
· Page four
/Jj
7.
(Applicable uses that would permit two or more
principal structures on the same lot). That such
structures are so arranged so as to permit diversi-
fication in the location of building and to improve
circulation facilities and other site qualities
while maintaining adequate standards for public
health, safety, welfare and convenience.
Approval subject to approval from appropriate agencies
for septic, water and highway, if required.
Variance No. 4 - stanislaw Kostak stan's Seafood S ecialties
2 Bay Road, Glens Falls - to expand a non-conformlng use in an
M-2 zone on the property situated at 284 Bay Road.
Mr. Bob Dick spoke íiIA UJ. LL.~.ll HUMOR ìuLilf' for Mr. Kostak. Plans
were submitted and reviewed.
There was much discussion of past variances. Parking problems
also were discussed.
Mr. Frank Collins was present to view plans. He had no objections
unless the problem of outbuildings come up again as in the past.
A motion to approve was made by Charles Sicard and seconded by
Sjoerdje Richardson. The motion was carried unanimously.
RESOLVED: The Board granted this variance with the
following conditions:
I. Screening per Queensbury Beautification
requirements.
2. No portable refrigerators.
3. No outside storage of any kind, at anytime.
S ecial Permit No. 10 - Marcel J. Demers dba Queensbur Carburetor
and Ignit~on Service - Layfayette S reet and Bank Road - to operate
an automobile repair shop in a C-2 Zone on the property situated at
Lafayette Street and Bank Road.
Mike Muller was present to speak on Marcel Demers' behalf. He
explained the reason for a Special Permit and if this is approved,
a Variance to follow.
All members have visited the site.
Mr. Sam Peca was present and answered any Niagara Mohawk questions.
He was concerned but saw no problem and approved.
Mr. John Mannix spoke for Queensbury Plaza Inc. They disapproved
and wanted more time to research its' impact on the plaza.
, Page five J J.J
He feels they did not have adequate notification time. It was
noted that all notifications were out in time.
Beautification report was read.
A motion to approve this Special Permit was made by Theodore Turner
and seconded by Susan Goetz. A unanimous vote was taken.
RESOLVED: The Board granted this Special Permit with
the following findings:
1. The use is one specifically enumerated in the district.
2. Such use will not be prejudicial to the character
of the area.
3. The Board determines that there is appropriate pro-
vision for access facilities adequate for the estimated
traffic from public streets and/or highways and that
there are pedestrain walkways so as to insure public
safety and to avoid traffic congestion.
4. That there are full adequate parking areas and off-
street loading spaces, in conformity with the proposed
parking requirements of the zoning ordinance of the
Town of Queensbury and all other related ordinances.
5. That suitable planting or screening has been required
as follows: Per Queensbury Beautification Committee
6. That such use is of the same general character as,
or will not be injurious to, the surrounding neigh-
borhood or district.
Variance No. Carburetor
MannlS Glass and Aluminum Products - La ayette Street and Bank Road _
to place a building for retail sales and automobile repair with
7 ft. side setback in lieu of the required 20 ft. setback in a C-2
Zone on the property situated at Lafayette Street and Bank Road.
Mike Muller was present on behalf of Earl Fosmire and Marcel Demers.
It was again explained the need for a variance and odd shape of
the property.
This variance is in conjunction with Special Permit No. 103.
A motion to approve was made by Charles Sicard and seconded by
Susan Goetz. The motion was carried unanimously.
RESOLVED: The Board granted this variance. The Board is
of the opinion that such variance be approved
as a reasonable request because of the unique
shape of this plot. Condition per County
Planning Board - Curb cut no farther than
north end of building on Lafayette Street.
- Page six
/ l.J
Variance No.751 - James Shovah - Sweet, Lawton and Montray Roads -
to enlarge a non-conforming use and to construct a residential
garage on a parcel of land with no principal structure in R-4 Zone
on the property situated at Sweet, Lawton and Montray Roads.
R. Case Prime abstained from this Variance -- conflict of interest.
Mike Muller was present to speak on Mr. Shovah's behalf (Mr.
Shovah also was present). A new plot plan was submitted to the
Board and was reviewed. Questions arose as to the use of the
garage.
Mr. and Mrs. George Kouba were present to speak against the
Variance - much discussion arose.
Beautification Committee approved and their report was read.
A motion to approve was made by Charles Sicard and seconded by
Theodore Turn8r. Motion carried by a 5-1 vote (Cornwell - no).
RESOLVED: The Board granted this variance. The Board
is of the opinion that such variance be
approved providing it follows strict line
of application, including revised plot plan
(see plot attached).
The meeting was adjourned at 12:05 A.M. by the Chairman.
~~
Klrkham Cornwell, Chalrman
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