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1983-05-18 (1;)/ '.---- Regular monthly meeting of the Zoning Board of Appeals of the Town of Queensbury was called to order by Chairman Cornwell at 7:30 P.M. Wednesday May 18, 1983 Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson and Mr. Mills Absent: None Chairman Cornwell noted that there were two (2) sets of minutes to be approved at this meeting. The minutes of March 16, 1983 - Correction on Page 7 change Mr. Cornwe11s affiliation from Pathfinder to Channel 17. Motion by Mr. Secard, seconded by Mrs. Goetz, for approval of the minutes of the March 16, 1983 meeting subject to corrections. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell and Mr. Sicard No Abstain - Mrs. Richardson (absent at meeting) Mr. Mills (not at meeting) approved. Minutes of the meeting of April 20, 1983 Mr. Cornwell mentioned the correction of the spelling of a name and several minor typographical errors. Motion by Mr. Turner, seconded by Mrs. Richardson for approval of the minutes of the meeting of April 20, 1983 subject to corrections Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mrs. Richardson and Mr. Mills No - none Abstain - Mr. Sicard (absent at meeting) Variance No. 825 - Herbert R. Tvrer - Quaker Road and G1enwood avenue, Glens Falls, NY Mrs. Goetz questioned what would be on the additional hangings to the main sign. Mr. Tyrer answered that he plans to have the hours of the antique shop on the hanging. Mrs. Goetz asked if he (Mr. Tyrer) knew the size of the hangings. -- Mr. Tyrer said roughly 12" x 4011. Chairman asked if he planned on having other signs on the property. ~; ;t Page 2 Zoning Board May 18, 1983 Mr. Tyrer said there were no plans for other signs, this will be the only sign. Chairman then asked if any trees had to be removed in order to permanently erect the sign. Mr. Tyrer answered that one of the trees would probably have to be removed ¡ Meeting was opened to the public ----- The Queensbury Town Planning Board recommended approval along with the Warren County Planning Board Chairman interjected here and asked Mr. Tyrer if they were currently operating under a temporary permit and Mr. Tyrer said they were. Motion by Mr. Sicard, seconded by Mr. Turner all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 825 for a 62 Sq. Ft. Sign because of the uniqueness of the County Right of Way on the North side of Quaker Road. Approved. Variance No. 826 - John A. Winslow - RD #3 Glens Falls To locate a private swimming pool on a side yard in lieu of the rear yard as required. Chairman noted here that the practical difficulty is that he does not have a rear yard. There were no questions by the members of the board. Meeting open to the public The Queensbury Planning Board recommended approval Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 826 as a practical difficulty has been shown in that there is no rear yeard. Approved. Varia ce No. 827 - Mrs. Paul E. Cushin , C1everda1e, N.Y. Construct an addltlon to an ex~st~ng welling. Mr. Cushing was present representing his wife. He explained the addition which would like up with the present building. He then discussed the proposed deck. "-'" .2:13 Page 3 Zoning Board May la, 1983 Mr. Cushing explained why the deck was being proposed at this time in the manner it is. Mr. Turner read the Planning Board recommendation in which they recommended approval of the addition but the approval did not include the deck. Warren County concurred with the Town Board. Motion by Mr. Griffin, seconded by Mr. Sicard all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 827 both the addition to the present non-conforming building and the proposed deck as it is a reasonable request and the addition is in line with the present building. Approved. yariance No. 828 - Aviation Road Development Corp. 113 Aviation Road Glens Falls, N.Y. Attorney O'Hara represented the corporation. Mr. O'Hara stated that the location is the present Copper Kettle Restaurant. He mentioned that this addition will be within the stockade fence. He discussed the immediate adjoining land which they did not own but was used for parking. Chairman asked what the proposed roof would be like. Mr. DeSantis, owner of the corporation, outlined the proposed roof to the Board. Meeting was opened to the public - The Planning Board recommended approval along with the Warren County Planning Board. Mr. O'Hara mentioned that this building will be for housing a walk-in cooler and freezer and adding additional food preparation area. It would be added to the existing building kitchen facilities. The Planning Board noted that since the lot next to this particular area is presently being used for parking it provides a setback. Motion by Mrs. Richardson, seconded by Mrs. Goetz all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 828 as a practical difficulty in the area has been shown and it will improve the present conditions in the area. Approved. -' ;Z :J. i Page 4 Zoning Board May Ig, 1983 '- Variance No. 829 - Arthur D. Swinton RD 1 Bay Road Lake George, NY Mr. Swinton was present and represented himself. Mr. Swinton said he had build a storage barn about 5 years ago from which he now operates his business which is repairing logging equipment. He stated that he does very little work on the site most of his repair work is done elsewhere. He said that he has talked to most of his neighbors and some of them did not even know he operated a business there. Meeting opened to the public. Peter Smith spoke stating that he was a neighbor to the north and there were no problems, no noise or traffic generated by Mr. Swinton. Mark Coffin - Ridge Road was also in favor he isn't bothering anyone in the area, he keeps his property in good shape. Donald Shaw also in favor Oscar Swinton and John Walker also in favor of allowing the continuation of this business. Mr. Kilmer also a neighbor was basically in favor of it as a daylight operation. His concerns were for the hours of the business. Chairman read a letter from the Town Attorney. The letter basically recommended approval and that the $50.00 fee be returned. This letter is filed in, the Building Department. Mr. Swinton said he originally had a building permit issued by a former administrator. A question was asked of Mr. Swinton as to future plans and would he be expanding the business at all. Mr. Swinton said he has no plans like that he plans to continue as he is now. Discussion next revolved around the fact that possibly he didn't need to come for this variance at all and that his fee should be returned to him. He wouldn't need a variance to continue as long as there would be no expansion. A motion by Mrs. Goetz, seconded by Mr. Griffin to return the permit fee as Mr. Swinton wouldn't need a variance to continue as along as there is no expansion----- Motion was withdrawn '- c1;¿s Page 5 Zoning Board May 1$, 1983 "'"'-.. Motion by Mr. Mills, seconded by Mrs. Richardson, RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 829 as follows: Approval for Mr. Swinton's lifetime ownership of the property only due to the situation under which the building permit was initially issued in April, 1978 and that there be no signs on the property and no expansion to the present operation without a variance to do so. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Sicard, Mrs. Richardson, Mr. Mills No - Mr. Cornwell Variance No. 830 - Peter Smith RD #1 Bay Road Lake George, NY Wants to operate a small auto repair shop west side Stone Schoolhouse Road. Mr. Smith was present ~nd represented himself. Chairman asked if he would be doing body work or mechanical work on the vehicles. Mr. Smith answered he would be doing both and also some welding. Smith next explained that he has looked elsewhere in the Town of Queensbury to operate this small business but has come up with nothing. If there is anything available, it is far too expensive for him. He dosen't want to get too large. He also mentioned that he is licensed by the State. Chairman next asked if he planned on having any sign for identification. Mr. Smith said he did not want to have a sign, he doSbn't particularly like signs and do~n't even like to display his state license. The present building couldn't be used for much of anything else other than what it was originally used for or what he is using it for. Chairman next asked him how long he planned on being there since the request is for a temporary Building Use Variance? Mr. Smith said approximately seven (7) months. Chairman next mentioned to Mr. Smith that wouldn't it be better not to have a time limit such as this with Mr. Smith agreeing. '- (;¿ ;¿ 0 Page 6 Zoning Board May 19, 1983 Meeting opened to the pUb1ic- '-.- The following men voiced no objection to the operation: Mr. Kilmer, Mr. Swinton, Mr. O'Rourke, Mr. Walker The Planning Board recommended approval along with the Warren County Planning Board Motion by Mr. Sicard, seconded by Mrs. Richardson all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance 830 for for the length of the tenancy of Mr. Smith, no signs to be erected. This is based on the pre-existing character of the neighborhood. Approved. There being nothing futher to come before the Board the meeting was adjourned. Motion by Mr. Turner, seconded by Mr. Mills, all voting affirmatively the meeting was adjourned. \ Û~~{Lv1t'1- Cóy~ ¿fi~/~3 ~