Loading...
1982-06-16 /::<7 MINUTES QUEENSBURY ZONING BOARD OF APPEALS Wednesday, June 16, 1982 7:30 P.M. Present: Kirkham Cornwell, Chairman Theodore Turner, Secretary Susan Goetz Daniel Griffin Charles Sicard Sjoerdje Richardson R. Case Prime S. Lynn - Staff M. Dean - Staff L. Tugas - Post Star The minutes of the May 19, 1982 meeting were approved on a motion by Mr. Turner, seconded by Mr. Sicard. Motion carried unanimously. Chairman Cornwell announced that this is the first meeting of the Zoning Board under the new Zoning Law, made effective June 11, 1982. NEW BUSINESS: Notice of Appeal No.4 - Slopey, Parry, Kroetz, Alexy Wolfram Schille property, Cleverdale Road Challenging the validity of the building permit issued by the Building Inspector to Wolf Schille on the property situated at Cleverdale Road. Original appeal on file. Mr. Henry Parry represented the petitioners. Mr. Parry read a pre- pared statement supporting the appeal. Mr. Cornwell inquired of Mr. Parry as to whether he was questioning the action of the Build- ing Inspector for not penalizing them for the violation of building without a permit or just challenging the validity of the permit that Mr. Lynn finally did issue? Mr. Parry replied they were challenging the validity of the permit. Mr. Cornwell stated that the prepared statement really was not relevant, that many of the concerns of the petitioners would be appropriate if Mr. Schille were seeking a variance. The question to be addressed by the Board is whether or not the Building Permit was issued properly. Letters and photographs from concerned neighbors were submitted to the Secretary. Mr. Walter Rehm, Esq. represented Mr. Schille. The facts according to Mr. Rehm: 1. The construction was commenced without a building permit during the winter - because of snow load there was a failure of the roof. Mr. Schille under the incorrect impression that a permit was not required, hired a contractor and began construction. 2. A stop order was issued and the construction was substantially stopped after it was closed in so that no damage from the weather would result. 3. They then met with representatives of the Town and sought an opinion as to whether it would be possible to rebuild this building not using the same dimensions but having the same interior volume as is allowed under the Zoning Ordinance. Mr. Rehm /~ R Page Two June 16, 1982 discussed the applicable provision of Section 8.301, the key word being "volume". The building under construction did exceed the prior volume, so they asked Mr. Lynn if it would be possible to remove a portion of the building, thereby reducing the building to less than the original volume. On that basis the building permit was granted. The permit was issued after a great deal of discussion with Mr. Lynn, legal opinion of Town Counsel and visits to the site by both Building Inspectors. No plot plan was submitted. Mr. Lynn explained that the plot plan would only be required if the building line would encroach upon the required setback - not a problem in this siutation. Mr. Rehm stated that the ground coverage had been reduced from the original and the height had been increased. The use of the build- ing remains the same, residential. Mr. Prime asked if the rental capacity had been enlarged. Mr. Rehm stated that there are the same number of beds. Previously the living area had served as a bedroom. There is now a loft. Discussion ensued relative to the varying measurements taken by all the parties. Mr. Cornwell asked if the Building Department was satisfied that the footages given to the Board are as required. Mr. Lynn responded that they wouldn't have issued the Building Per- mit if they were not satisfied. Mr. Prime discussed the rental use and the need for a variance if it is increased. Mr. Prime and Mr. Cornwell discussed the criteria for deciding what constitutes increased rental use, ego number of beds, etc. Mr. Renm stated that this is a non-conforming building but not a non-conforming use. Mr. Melvin Slopey stated that they have taken non-usuable volume and made it usuable. Mr. Turner read Section 8.30l..."may be restored, reconstructed or used as before provided the volume of such building or structure shall not exceed the volume which ex- isted prior to such damage". Mr. John Miller questioned how you calculate volume? Mr. Lynn stated that volume does not refer to capacity, volume refers to cubic dimension, per Town Counsel. Capacity is not defined in the Ordinance. Motion by Mr. Turner, seconded by Mrs. Goetz, all in favor with the exception of Mr. Prime who voted against the motion. The Board is of the opinion that the Building Permit of May 19, 1982 was properly issued and that Section 8.301 has been complied with. /2..7 Page Three June 16, 1982 VARIANCE No. 755 - Chris Warner, Veterans Road and Alta Avenue To operate an auto body repair shop in R-4 Zone and to construct a 24 x 32 ft. garage with 5 ft. setback from property line on Alta Avenue on the property situated between Veterans Road and Alta Avenue. Mr. Jeff Brown, Esq. appearing with Mr. Warner. Mr. Brown sub- mitted pictures of the area, noting the PCB dumpsite across the street, the general condition of the area, the sand pit. Mr. Prime questioned the hardship in terms of the residential use of the property.. Mr. Brown responded that his client has to move from his present location, he owns this property which is his home, he can't move and get any return on his investment due to the condi- tions surrounding his property. If his business grows he will con- tinue to maintain his own and lease property elsewhere for his business, using the garage for personal use. No one spoke against this application. Mrs. Harvey, neighbor, spoke in favor. Approved by the Beautification Committee. The Town Planning Board recommended disapproval. Mr. Prime stated that in this instance you have business in the area, no objection from the neighbors, industrial zone across the street and it seems appropriate to grant this variance. Motion to approve by Mr. Prime, seconded by Mrs. Richardson. All in favor with the exception of Mrs. Goetz who voted no. RESOLVED: The Board granted this variance both for Use variance and Area variance be- cause of the commercial uses in area, indus- trial site on Veterans Road and no objections from the neighbors. Use variance granted for a period of three years to June 1985. VARIANCE No. 763 - (amended from Special Permit No. 104) Adirondack Scenic, Inc. To place a large scale commercial development on 12.6 acres in C-3 Zone with 24,500 sw. ft. Artist Scenic Studio for fabri- cation and storage of scenery for theatre market on the property situated at Weeks Road east of Northway (1-87). Mr. John Richards, Esq. representing Mr. Richard Emmerson, Presi- dent. Mr. Ted Zoli and Mr. Loren Compson owners of property and principals of Contore Company. This application started under the old ordinance and finishing under new ordinance. Under the new ordinance the Zoning Board no longer rules on Site Plan Review. The Planning Board has that responsibility. In this case, the Planning Board has approved. 130 Page Four June 16, 1982 However, the permitted uses in part of this site under the new ordinance are more restrictive than they were under the old ordinance. The zone has changed from C-3 to HC-lS and DR-S. Mr. Richards reviewed the project of the studio for the construc- tion of scenery describing the type of work that is done, number of employees, building concept and the uncut green area. The situation is unique in that the commercial area is landlocked. It would appear from the map that they are only using the residen- tial area for the driveway and green area. Mr. Richards explained that client wants maximum buffer to keep it a secluded area and the character of the neighborhood would not be spoiled. A scenic studio is not provided for in any of the classifications. Mr. Turner questioned how much traffic would be generated going down Weeks Road. Traffic envisioned would be employee traffic for one shift, maybe one or two delivery trucks per day maximum, occasional larger trucks about once a month. Mr. Michael Crayford: Board member of Kingswood Homesowners Assoc. Not particularly opposed to development, concerned about character of neighborhood and exposure of building and entrance drive to the backyards of Kingswood Estates. Asked if they would consider mov- ing the entrance road further toward the Northway giving more privacy. Also asked to have landscaped areas around parking lot to be of a berm variety to hide the parked cars. Roberta Weiss: Kingswood Estates. Concerned with driveway location and noise. John Gardner: Owner of Drive-In Theatre. Concerned about lighting which would interfere with theatre. Likes the idea of the devel- opment, thinks it compatible with his business. Felt there could be some drainage problems in the future. Marcia Antos: Kingswood Estates. Concerned that Weeks Road cannot tolerate tractor trailer traffic and that property values will go down. Concerned about vandalism, feels this business should go in Industrial Park. Marjory Gilmore: speaking for mother Lillian Dorn, resident of Kingswood. Concerned about traffic hazard on Weeks Road. Asked to have building moved farther into commercial area and also that attorney for developer is also attorney for Kingswood Estate people. Carol Nye: Kingswood Estates. Concerned one access for fire equip- ment and increased noise from Northway. 13/ Page Five June 16, 1982 John Poor: Robert Gardens. Concerned with open driveway and no security gate leaves it open to unauthorized personnel particularly during non-operating hours. Mr. Richards does not represent owners of Kingswood Estates, he represents developer. Mr. Errrnrnerson is sensitive to their position, many good points brought up. They are not in a position tonight to commit to some of these changes because they do not have cost estimates as to fencing, moving driveway, etc. but they will be considered. Regarding fire hazard, every thing is 100% flameproof and retardant, used in theatres and hotels with the strictest codes. Mr. Turner read letter to Beautification Committee from Adirondack Scenic. Both Town and County Planning Boards approve. Motion by Mrs. Richardson, seconded by Mr. Sicard to grant variance. Motion carried unanimously. RESOLVED: The Board granted this variance for the following reasons: 1. Hardship - landlord's commercial property split zone. 2. Variance not detrimental to neighborhood. 3. Cannot yield reasonable return if used as zoned. Building in Highway Commercial zone. Property in residential section to be dedi- cated as green. VARIANCE No. 756 - Roger and Gerald Hewlett, north side of Dix Ave. This variance request is tabled for one month on a motion by Mrs. Goetz, seconded by Mr. Sicard because the client did not show up. Motion carried unanimously. VARIANCE No. 758 - William VanNess, 28 Luzerne Road To operate a Four Wheel Drive retail sales shop in existing garage in R-4 Zone on the property situated at 28 Luzerne Road. Mr. VanNess present. In response to question by Mr. Cornwell, Mr. VanNess replied that character of garage will be totally unchanged. Most of sales will be catalog with very little stock in the build- ing. Deliveries will be made by UPS. He does not plan to use a commercial sign. Advertising will be done by newspaper and flyer. /32. Page Six June 16, 1982 Mr. VanNess plea for hardship based on because of proximity to PCB dumpsite. ing classification in this area. Some have been zoned commercial. return value for his house Board discussion of zon- members feel it should Mr. Joseph Viger: 30 Luzerne Road. In favor, does not believe it will hurt neighborhood. Mr. Hayes: 26 Luzerne Road - No objection. Town Planning Board and Counby Planning Board recommended dis- approval of this variance based on poor planning concept in a residential zone. Mr. Sicard made a motion to approve variance, seconded by Mrs. Richardson. Motion carried unanimously. RESOLVED: The Board granted this Use variance for applied purpose only - no outside storage-sign 6 sq. ft. Variance granted for two year period to June 1984. SPECIAL PERMIT No. 105 - Ciba-Geigy, Inc. Lower t'Varren Street To add to a large scale industrial development on the property situated at Lower Warren Street. Mr. Robert Stewart, Esq. and Mr. George Batcher, Project Manager present. Site Plan Review held and approved by the Planning Board. Public hearing being held tonight. Mr. Stewart explained that 95% of project is required by new Federal regulations. The Federal Government requires that dikes be constructed around existing tanks in the event that a tank may rupture. The Company also wishes to put an addition to two existing buildings. They cannot meet the required setback because of the location of a railroad spur that services these buildings. Approved by Town and County Planning Boards. No members of the public spoke in the Public Hearing section of the meeting which was duly advertised. Zoning Board approval is unnecessary with new ordinance but they may do it as a rubber stamp. Motion by Mr. Sicard, seconded by Mr. Turner. Motion carried unanimously. RESOLVED: This Permit is passed without comment because it is no longer required under the new ordinance. 133 Page Seven June 16, 1982 VARIANCE NO. 760 - Ciba Geigy, Inc. Lower Warren Street To place additions to existing industrial buildings at less than the required 50 ft. setback from property lines on the property situated at Lower Warren Street. Discussion covered under Special Permit. Motion to grant variance by Mr. Pr.ime, seconded by Mr. Sicard. Motion carried unanimously. RESOLVED: The Board granted this area Variance for the following reasons: 1. No adverse affect on the neighborhood. 2. Within plant boundaries. 3. Within authority of new zoning ordinance. VARIANCE No. 761 - Walter A. Stamper III, Upper Glen Street and Glenwood Avenue To place 3 x 4 ft. gasoline price sign on existing light pole with 10 ft. setback from property line in C-2 Zone on the property situated at corner Upper Glen and Glenwood Avenue. Walter Stamper present. Mr. Stamper asking for 12 sq. ft. sign, rather than 10 sq. ft. so that he does not have to alter his present sign. Mr. Cornwell stated that 10 sq. ft. signs are available and that the Zoning Board has, in the past, granted approval for 10 ft. signs. Mrs. Richardson commented that she feels the Board has be- come locked into the 10 sq. ft. sign and that at some point it should be reconsidered. She noted that a 12 sq. ft. sign is standard. Mr. Cornwell feels that if they granted 12 sq. ft. they would then be asked for 15 sq. ft. Discussion ensued regarding placement of the sign. Queensbury and Warren County Planning Boards approved of the sign variance. Motion to approve variance offered by Mr. Griffin, seconded by Mr. Turner. All in favor with the exception of Mrs. Goetz who voted no. RESOLVED: The Board granted this sign variance for sign 10 sq. ft. located at first choice per plot plan filed with this application. SPECIAL PERMIT No. 106 - NOREC (Northeast Outdoor Recreational Enterprises Corp.) West side Route 9 north of Exit 20. To construct and operate track for 3 and 4 wheel vehicles (amuse- ment center) on the property situated at the west side of Route 9. /3~ Page Eight June 16, 1982 Mr. Howard Krantz, Esq., agent for NOREC. Mr. Jerry Caruso, Jr. owner of property. Mr. Krantz explained the purpose of the business is to rent rides on three and four wheel vehicles (recreational variety) on a track winding around the natural contour of the land. The operation complies as far as septic, parking, sign and setbacks. This is a very densely wooded property. Present on the frontage will be a horseshoe shaped entrance and exit. There will be parking for 11 cars at the base and 16 cars up above. There will be one building on the site which will contain a vehicle storage area, two rest- rooms, office and concession area with window service only. There will be a grass picnic area. Fencing am natural screening will be around the project, no gasoline stored on site, purchased daily from Citgo. This is a daytime op- eration only, no lights. At anyone time the maximum number of vehicles would be 12. Track to be compacted dirt, if dust should be a problem operators will put on a clay surface. The machines will have governors and maximum speed will be 10 to 15 mph. The Board adjourned to go outside and hear the machine. Mr. Beckos: owner of Montcalm Restaurant. Does not believe this operation will do the area any good. Does not want anyone parking in his parking lot. Would demand that the area be patrolled, citing they have enough bad images in the area. Unidentified woman: Owner of acreage across street. Concerned about noise. David Kenny: owner HIWay Host Motel. Feels it will attract teen- agers who will be unsupervised and create a Coney Island atmosphere which they have tried to avoid. Does not feel it a good use for the property. Mr. Jerry Caruso, Jr.: owner of property in question and the Hawkeye Restaurant. Believes this will stimulate the resort area and he will oversee the operation. Town and County Planning Boards approved with stipulations. Town Planning Board already acted on Site Plan Review. RESOLVED: The Board granted this Special Use Permit. The Board finds: 1. The use is one specifically enumerated in the district. 7 yes 135- Page Nine June 16, 1982 '- 2. Such use will not be pre'ju~ial to the character of the area. 4 yes - 3 no 3. The Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 7 yes 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. 7 yes 5. That suitable planting or screening has been required as follows: Must go to Warren County Soil and Water District. Approximately 98% of trees to be left on site. 7 yes 6. That such use ts of the same general character, or will not be injurious to the surrounding neighborhood or district. 5 yes - 2 no The meeting was adjourned at 12:40 a.m. by the Chairman. ~L- Kirkham Cornwell, Chairman -