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1983-07-20 ~3L/ Monthly meeting of the Queensbury Zoning Board of Appeals was conducted Wednesday, July 20, 1983 at 7:30 P.M. Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson Absent: Mr. Mills The first item to be discussed was the approval of the minutes for the month of June, 1983. Motion by Mr. Griffin, seconded by Mr. Turner, all voting affirmatively RESOLVED that the minutes of the meeting conducted June 15, 1983 are hereby approved subject to any additions or corrections. Approved. Chairman announced for the public that Variance No. 842 has been withdrawn from the agenda. INTERPRETATION No.':<1 Gary 4 co..'t-/e.-¡I-If¿ 11->41....2 utI" (Joh. 0 COhh(J¡. !1-1(..,) L 0 T~ .::t.3"¡ S- 0 ß E Jfo)-J Ctas c: Motion by Mr. Sicard, seconded by Mr. Griffin - Opinion of the Zoning Board of Appeals that under section 8.011 of the ordinance the owner of a lot in an approved subdivision does not need a variance until June 11, 1985 to allow building without variances. Approved. Variance No. 838 - Edward P. Foy- 312 Bay Road, Glens Falls To construct an addition to existing restaurant. Proposed addition to extend into 50 ft. buffer zone required. Mr. Foy was present and represented himself. He explained the pro- posed addition would only be a screened in area. Concern from all members regarding possible noise from music, etc. Concern also revolved around a buffer zone. At this point the minutes from the August, 1982 were read by the chairman. Mrs. Goetz questioned parking problems but Mr. Foy said he had ample parking. Mrs. Richardson asked how many additional people this would accomodate. Mr. Foy said about 20. She then asked what the building capacity was now and Mr. Foy said about 100. It was then mentioned that parking has been rather difficult at times when the parking lot has not been taken care of. Mr. Foy interjected that those problems have been taken care of now. --- Mrs. Richardson then asked what the floor space was with Mr. Foy answering 2500 sq. ft. Page 2 235 Zoning Board July 20, 1983 Attorney Michael O'Connor was present representing Mr. Hart. He said he objected to the original application. He mentioned what Mr. Foy had asked for at his last variance request. He also said he was only representing Mr. Hart. Planning Board recommended approval, Warren County Planning Board concurred with Queensbury Town Planning Board. Mr. Griffin mentioned that there has been no hardship proven. It was then mentioned that when this was first approved it was approved because the building was already there and that there were no changes to be made in that building. It was the feeling now that the building is being added to and there hasn't been any hardship shown. Motion by Mrs. Richardson, seconded by Mrs. Goetz - RESOLVED that Variance No. 838 be denied as no hardship has been shown. Mrs. Richardson added here that even if shrubbery and trees had been planted as requested before she still would not be in favor of this request. She said that her intent was not for that building to be added to. Mr. Sicard mentioned that open situations such as this proposal tend to be noisy. All members present voted yes to deny. Denied. VARIANCE NO. 839 - William Thomson - South side Quaker Road, East of G1enwood Ave. To operate a car wash for automobiles and small trucks on south side of Quaker Road. Mr. Thomson was not present nor was there anyone there to represent him. Mr. Keith Coe was present and mentioned that the property in question is close to Halfway Brook. Mr. Car~usone was also present and mentioned flooding problems. Because of the fact no one was there to answer questions by members it was suggested that it be postponed for the next meeting for lack of information. ",,"-_..~ .;t 3 c.ø Page 3 Zoning Board July 20, 1983 VARIANCE NO. 840 - Web Graphics, Corinth Road, Glens Falls, NY Enlarge current facility to accomodate additional equipment and employees to handle increased sales of products. The representative stated that a small part of the addition will be on the front with major part to the rear. He added that parking would be adequate. He said that some of the lot will be e1eminated on the front which will handle parking for visitors to the facility. The Town planning Board recommended approval along with the Warren County Board. Motion by Mr. Griffin, seconded by Mrs. Richardson all voting affirmatively RESOLVED that Variance No. 840 Web Graphics hereby is approved for expansion as a hardship has been proven. Approved. VARIANCE NO. 841 - David Robinson -southwest corner Route 9L Ridge Road and Sunnyside Road. Mr. Robinson was present to explain what is being planned on the property. Presently the plans are to take down the existing house and build a new one to the rear of that lot. Mrs. Goetz asked Mr. Robinson who lived in the house trailer on the property. Mr. Robinson answered that his aunt owns it and her family live in it. They are making improvements which are evident. Mr. Sicard added that any improvement at this corner would be a help. Chairman said that right now what he is asking for is to be able to have a second principle dwelling on the property. He also noted that there is another trailer of sorts on the property with people living in it. Meeting was opened to the public. Jack Barrett, South of the Robinson property. Mr. Barrett stated that he didn't think that there was room enough there a dwelling. There is a house trailer, a travel trailer and the present house. Mr. Sicard interjected the question was there anyone living in the travel trailer now. ---- Mr. Robinson answered stating the travel trailer was temporary sleeping quarters for the time being. ~~1 Page 4 Zoning Board July 20, 1983 Chairman mentioned that he could find no hardship here. Mr. Sicard asked if the board approved this would the travel trailer be removed or no one be living in it. Mr. Robinson said there would be no one living in it. Mr. Fagan of Ridge Road added his feelings that 4 families were too much on that property. Mrs. Robinson came forward and explained who was in the travel trailer being herself, her husband and her son. They only sleep there to give Mr. Robinson's mother privacy at night. When and if they can build a new home the entire family will be in it as the present house will be torn down. Arthur Turnbull, Sunnyside Road - asked if the trailer had the proper permit from the Town Board. Helene Barrett was concered about room for wells on the property and that there is no proof that the old house would come down. She also mentioned that the trailer has been rental property. Mr. Robinson clarified the trailer rental by stating that at one time it was rented but it no longer was. His aunt owns it and her family is now living in it and making improvements around it. The Planning Board approved the request based on the fact that it is large enough to have a well and septic system and the hardship has been proven. Motion by Mr. Sicard, seconded by Mr. Griffin RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 841 with the restriction that the present house be removed within 90 days after the certificate of occupancy is issued to the new house with a ticket given if not conformed to. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Sicard, Mrs. Richardson No - Mr. Cornwell. VARIANCE NO. 842 - withdrawn ~ú.r~ ßoc..O e~ VARIANCE NO. 843 - Marilyn Fitzgerald, Glen Lake Mr. Fitzgerald was present to represent his wife. -- , Page 5 Zoning Board July 20, 1983 J38 Mr. Fitzgerald stated that because everyone had been using the property he thought they should reap some of the benefits. This would be the mining on the property. The present permit is of no use as it exists now. What we need to be able to do is have better control on the mining operation. As it is now, we get no return from the property but we pay the taxes. Mr. Griffin questioned how many trucks entered the area but Mr. Fitzgerald didn't know the answer only that there were quite a few taking the gravel out. The question of screening was brought up by Mr. Turner. Mr. Fitzgerald said he had no plans for any kind of an operation that included screening. Meeting was opened to the public. David Sperry, Dineen Road, - against approval because of truck traffic. Also concerned that heavy equipment could be moved in. Mr. Winchel - owner of adjoining property was also not in favor. Concerned as to what happens with the property after the mining of it is complete. Operations like this tend to devaluate property in the surrounding area. Joe Hanley, Glen Lake Road - concerned about environmental problems in the future and also increased truck traffic. Marge Cottre1 - Concerned about the noise and truck traffic. Sam peca - Nacy Road - noice and trucks. Problems exist as it goe·g; now. John Barry - Nacy Road - opposed - traffic and noise. The Town Planning board recommended approval and also the Warren County Planning Board. Motion by Mr. Griffin, seconded by Mrs. Goetz RESOLVED the Queensbury Zoning Board of appeals hereby denies Variance No. 843 based on the adverse affect on the neighborhood mainly the truck traffic and the possible decrease in property values. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mrs. Richardson Abstain - Mr. Sicard Denied. - J,.31 Page 6 Zoning Board July 20, 1983 "","- VARIANCE NO. 844 - ABC Rentals south side Quaker Road, Glens Falls Represented by Keith Coe. Mr. Coe stated they needed this to protect equipment A letter was read from Mr. & Mrs. Wynn owners of adjacent property showing concern about light in their yard. Mr. Coe mentioned that Mr. Wynn has a garden there between the house and the property in question. The house itself is rented out and is not well kept. The Planning Board recommended approval along with the Warren County Planning Board Motion by Mr. Sicard, seconded by Mrs. Goetz, all voting affirma- tively RESOLVED that the Queensbury Zoning Board of appeals hereby approves Variance No. 844 as a practical difficulty has been shown in the plot change and the equipment will be off the lot itself. Approved. VARIANCE NO. 845 - Sweet Road Bakers, Corner Route 9 and Sweet Road Robert Platt represented the applicant. - sign variance They want to place a 40 sq. ft. free-standing sign at zero setback in lieu of the required 15 ft. setback from property lines. Mrs. Richardson asked if the sign would be in the same line as Apple Anne's with the answer that it is about the same line but not quite. Planning Board recommended approval of the sign along with the Warren County Board. Motion by Mrs. Richardson, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 845 as it would be a traffic hazard if placed at the proper setback. It would be the less traffic hazard for placement of the sign. The State also has an unusually wide right-of-way at this location. Approved. '''"- Page 7 Zoning Board July 20, 1983 ;).Lfö VARIANCE NO. 846 - Robert McDonald - Sherman Island and Corinth Roads Represented by Raymond Buckley - area variance Mr. Buckley explained that this is an administrative problem as the subdivision had been started a while ago. Approval was prior to the adoption of the new regulations. The map wasn't filed in the County Clerk's office. A variance on lot size is needed for the Planning Board to approve. Mrs. Goetz asked why it wasn't filed. Mr. McDonald answered that he didn't realize this was a problem. Chairman added that we should be concerned with the neighborhood character There was no one present either for or against approval of the request. The Planning Board recommended approval along with Warren County Planning Board Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively RESOLVED the Queensbury Zoning Board of Appeals approves Var~ßte NO. 846 as the practical difficulty for the request has beert shown mainly the zoning changes. Approved. VARIANCE NO. 847 - William H. Schwab - Bay Parkway Assembly Point represented by Mr. Stewart of Coulter & McCormack Construct a 2 bedroom cottage - need variance to be able to set it 50' back instead of 75. It is needed for the septic system. Chairman asked about the trees. Mr. Stewart answered that some will have to come down. Planning board recommended approval of this along with Warren Co. as the practical difficulty has been shown in the meeting of the septic requirements. Motion by Mrs. Richardson, seconded by Mr. Griffin, all voting affirmatively ,--'" RESOLVED the Queensbury Zoning Board of Appeals hereby approves Variance No. 847 based on the practical difficulty of the septic requirements being met. Approved. Page 8 Zoning Board July 20, 1983 d-. tf I VARIANCE NO. 848 - Gary Finger - Assembly Point Road Represented by Dean Howland - Howland Construction Mr. Turner asked Mr. Howland if this was where Mr. Finger wanted the house or where he wanted it. Mr. Howland answered that it is where he had to put it. Chairman asked who got the original building permit and was the size of the plot misrepresented. Mr. Dean answered that apparently it was misrepresented at the time Mr. Horning applied for the permit. Planning Board recommended approval along with Warren County as to remove part of the new home would be impractical for approximately 1 foot. Motion by Mrs. Goetz, seconàed by Mrs. Richardson, all voting affirmatively, RESOLVED the Queensbury Zoning Board of Appeals hereby approves Variance No. 848 as the practical difficulty has been established. Approved. VARIANCE NO. 849 - James DeNooyer - Lockhart Mountain Road Represented by Dean Howland. Mr. Howland explained that Mr. DeNooyer would like to enlarge the garage already existing on the property. Chairman noted concern for years to come in that the garage would be used for boat storeage it certainly would be large enough. The Town Planning Board recommended approval along with Warren County. Motion by Mr. Griffin, seconded by Mrs. -Goetz to deny Variance No. 849 Before the vote was taken - Mrs. Goetz mentioned that this was erected by Mr. DeNooyer knew what he was doing, we aren't dealing with someone who didn't know about building permits. Mrs. Richardson asked if this is denied does it mean he has to remove it. ,--. Mr. Dean said that if the violation is not remedied, he will be issued an appearance ticket. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard d.-tf'J.. Page 9 Zoning Board July 20, 1983 ---- and Mrs. Richardson. Denied. Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively. Meeting adjourned. ~~ ~J,'\II) '-