1983-08-17
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Regular monthly meeting of the Queensbury Zoning Board of Appeals
was held Wednesday, August 17, 1983 at 7:30 P. M.
PRESENT: Kirkham Cornwell, Chairman, Theodore Turner, Secretary,
Susan Goetz, Daniel Griffin, Charles Sicard, James Mills,
Sjoerdje Richardson
Staff: Mack Dean
The first order of business was the approval of the minutes of the
meeting held July 20, 1983.
Motion by Mr. Sicard seconded by Mr. Turner to approve the minutes
as written. Motion carried by vote of 6 yes with Mrs. Goetz .
abstaining as she had not had time to read the minutes.~c~ ~
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INTERPRETATION NO. 22 - Ciba-Geigy, Inc., Lower Warren Street.
Interpretation of setback requirements for an accessory building
in HI-3A Zone.
Mark Lebowitz was present representing the applicant. Mr. Lebowitz
read the application submitted stating the applicant wants to build
a 16 ft. by 24 ft. generator building. This building to be accessory
to the adjacent pump station. The parcel on which the building is to
be built is on the Hudson River and abutts the Delaware and Hudson
Railroad tracts on the north. Section 7.074 A 3 of the Queensbury
Zoning Ordinance requires 10 ft. rear setback for an accessory structure.
This accessory structure will be 11.45 ft. from the northerly property
line. The Board agreed that the front property line was the Hudson
River.
Motion by Mr. Turner seconded by Mr. Sicard that Ciba-Geigy is in
accord with Section 7.074 A 3 of the Queensbury Zoning Ordinance and
only a Site Plan Review is required, as is required for all uses in
a HI-3A zone. All members voted yes and motion carried.
OLD BUSINESS:
Variance No. 839, William Thomson - to operate a car wash for
autQJI\obiles and small trucks in HC-l5 Zone on the property situated
at the south side of Quaker Road east of G1enwood Avenue.
Mr. Thomson was not present. This variance was tabled at the meeting
July 20, 1983 as the applicant was not present.
Motion by Mr. Sicard seconded by Mr. Turner
1983 meeting due to lack of information and
a chance to present his plans to the Board.
4 yes and 3 no. Motion carried.
to table to September 21,
to give the applicant
Vote on the motion was
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Zoning Board
August 17, 1983
;page 2
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Variance No. 850, Donald and Joan Goodsell - to place a swimming
pool in a side yard in lieu of the rear yard as required by
Article 7, section 7.074, subdivision 4, paragraph b. of the Queens-
bury Zoning Ordinance on the property situated on the north side of
Clements Road.
Mr. Goodsell was present on this area variance.
Mr. Cornwell noted that this would apparently have no impact on
the neighbors.
Mr. Goodsell stated that the land in back drops off and the property
in the rear yard is fenced pasture land.
No one from the public present.
Queensbury Planning Board recommended approval and Warren County
Planning Board concurred.
Motion by Mrs. Goetz seconded by Mr. Sicard to grant this area
variance. All members voting yes it was,
RESOLVED: Queensbury Zoning Board of Appeaxs hereby approves area
variance No. 850 as practical difficulty has been established.
Variance No. 851, Bonaquisti Construction Co. (Freihofer Route
Facility) - to construct a 37 ft. by 41 ft. garage addition to
Freihofer Route Facility in a Suburban Residential 30 Zone with
a 26 ft. side setback in lieu of the required 50 ft. buffer from
a residential use on the property situated at the north side of
Cronin Road between Ridge and Meadowbrook Roads.
Rick Fallon, Sales Manager for Freihofer Baking Company was present
on this use and area variance. He explained that this has been
used as a Freihofer Route facility for many years and it would be
a hardship to move. They need the garage for mechanics to work on
vehicles.
No one from the public appeared.
Queensbury Planning Board recommended approval.
Mr. Turner asked what kind of vehicles would be serviced. Mr. Fallon
said that they would be route trucks and company cars.
There is a beauty shop on the property adjoining this property on
the east side. This is a unique situation to have two non-conforming
uses side by side.
Motion by Mr. Sicard seconded by Mrs. Goetz to grant the use variance.
There were 6 yes votes and 1 abstention. Motion carried.
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RESOLVED: Queensbury Zoning Board of Appeals approves use variance
No. 851 based on the following: 1. Hardship shown as applicant has
been at this location. 2. Unique as it is next to another business.
3. Neighborhood character not changed.
Zoning Board
August 17, 1983
Page 3
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Motion by Mr. Griffin seconded by Mrs. Richardson to grant the area
variance. There were 6 yes votes and 1 abstention. Motion carried.
RESOLVED: Queensbury Zoning Board of Appeals approves area variance
No. 851 based on the following: Practical difficulty shown as septic
system and gas tanks on rear and west side of building.
Mr. Mills abstained on this variance as he works for the Freihofer
Baking Company.
Variance No. 852, Hess Ventures, Inc. - to construct a 60 ft. by 65
ft. addition in Highway Commercial 15 Zone with 36 ft. rear setback
in lieu of the required 50 ft. setback from a residential zone on the
property situated at 105 Lower Dix Avenue.
Donald Hess was present on this use and area variance.
Mr. Cornwell asked if they were expanding retail business or ice
business.
Mr. Hess stated that it was an expansion of the ice business. Mr.
Hess said that there would be no change in traffic and no increase
in traffic.
Mr. Griffin asked if this was cold storage.
Mr. Hess said that it was a freezer.
Mrs. Goetz questioned setbacks.
Mr. Hess said that the setback for this new addition would be less
non-conforming than older addition.
Mr. Griffin asked about loading dook.
Mr. Hess said that they would be using existing loading dock.
Mr. Hess said that this commercial building was constructed in 1948
and purchased by Hess Ventures in 1974. They p1åced an addition in
1980. The property to the east is Quaker TV and across Dix Ave.
there are commercial uses. Many of the residences in the area were
built after original building constructed in 1948.
No one from the public present and public hearing closed.
Queensbury Planning Board recommended approval and Warren County
Pwanning Board concurred.
Motion by Mr. Sicard seconded by Mr. Turner to grant use variance.
All members voted yes. Motion carried.
RESOLVED: Queensbury Zoning Board of Appeals approved use variance
No. 852 as use preexisted zoning and area is commercial.
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Zoning Board
August 17, 1983
Page 4
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Motion by Mr. Griffin seconded by Mrs. Goetz to approve area variance
No. 852. All members voted yes. Motion carried.
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RESOLVED: Queensbury Zoning Board of Appeals approves area variance
No. 852 as this is a reasonable request and practical difficulty has
been shown.
Meeting adjourned at 8:20 P. M.
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