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1984-03-21 c177 Regular meeting of the Zoning Board of Appeals of the Town of Queensbury was called to order by the Chairman at 7:30 P.M. Wednesday March 21, 1984. Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Chairman Cornwell, Mr. Sicard, Mr. Muller and Mr. Mills. Because the members did not have sufficient time to check the minutes approval was put over for the next monthly meeting. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT the minutes of the February meeting will be approved at the April meeting. Approved. Interpretation No. 26 - Neil Fitzgerald. Mr. Fitzgerald has expressed concern regarding the status of the "grandfathering" of property owned by George Stiles, that being operated as a sand and gravel operation. Motion by Mr. Griffin, seconded by Mr. Muller, it was RESOLVED THAT the Zoning Board of Appeals hearby accepts the interpretation of the Zoning Administrator regarding the George Stiles property. Yes: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Muller, Mr. Mills No: None Abstain: Mr. Sicard Approved. VARIANCE NO. 893 - Sign Variance - Boats by George, Inc. West side Route 9 North of Route 149 Represented by Donald Pensel. Chairman opened the public hearing- Mr. George Stark, owner of Mohican Motel expressed concern about the size of sign as to whether or not it would hide his new pool addition. Chairman asked Mr. pensel whether the sign would be on the north side or south side with Mr. pensel answering north side Question asked of Mr. pensel if there was a problem with the south side and he said the problem was the sharing of a drive- way. Mr. Joseph Waren, owner of the property on the south side felt that the size is larger than what is needed. ~1K Page 2 Public Hearing closed. Queensbury Town Planning Board and Warren County Planning Board both recommended approval. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively, it was RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 893 for a 16 sq. ft. sign 4 x 4. Before the vote was taken discussion among board members resulted in the following amended resolution: RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 893 for a 16 sq. ft. sign 4 x 4 with 15' set back on north side of property line and not to exceed 10' over all in height and will be a free standing sign. Approved. VARIANCE NO. 894 - William P. Hunt Cleverdale Road Mr. Hunt would like to construct a single-family dwelling on a lot less than required one acre in a Lakeshore Residential Zone. Public Hearing opened. L. E. Clover, Cleverdale Road, was concerned where the property was. John Bullard, Cleverdale also concerned where it was located. General feeling was that it is one of the areas that was owned by Howard Mason. Mr. Hunt said that this is a lot of record. Question asked if the land went to the lake, representative from the Building Department said that there is 11' of lake front involved here. He added that the lot is on the tax maps. Mr. Griffin then asked if the only problem here is that the lot is under the 1 acre. Building Department representative said that it can meet all the set back requirements. After more discussion it was decided that this variance would be tabled for more information. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively ~71 '-- Page 3 RESOLVED THAT Variance No. 894 be tabled for more information. Approved. VARIANCE NO. 895 - Dunkin Donuts - Sign Variance Jerry Conklin represented applicant. Mrs. Goetz asked if the sign in question was in place now. Mr. Conklin said it was. It was to replace the one that was tQ~~~place the one already there. ! "j '... <~ Chairman noted that there was no problem with the size of the sign, the height is to be considered. Mr. Conklin interjected that the area where the establishment is located needs this for identification. Public Hearing opened. Jorris and Joe Aronson felt that no variance should be permitted. Public Hearing Closed. Queensbury Town Planning Board took no action. Warren County Planning Board recommended denial. At this point the Chåirman explained that in order to over- turn the County this Board has to have a vote of the majority plus one. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Zoning Board of Appeals denies Variance No. 895 as no practical difficulty has been shown and there would be an adverse effect on the neighborhood and the sign must conform in 30 days. Approved. VARIANCE NO. 896 - Charles Bleibtrey,Jr. To construct a single family dwelling on a lot less than the required osetbacks. Chairman asked if there has ever been a house built on this lot, Mr. Bleibtrey said no. Mr. Griffin asked if test ¡borings have been completed. Mr. Bleibtrey said some. Public Hearing Opened. Billy Sue Owen, Lake George Association expressed concern that the APA approval should be obtained. Chairman then noted that maybe the APA should be heard from. Public Hearing closed. Queensbury Town Planning Board recommended approval along with Warren County. A letter from Robert J. Bolen, Jr. was read in opposition. Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively, it was RESOLVED THAT Variance No. 896 be granted sUbject to getting all the other approvals required from other agencies. Approved. ¿;¿ fð '-- Page 4 VARIANCE NO. 897 - George R. Pensel-Area Variance To construct an open work area in front of existing building. Mr. Mills asked the size of the present present building and Mr. Pencel said 30 x 50. Mr. Mills then asked the size of the proposed addition and Mr. Pencel answered 32 x 50. Mr. Millsthen'åsked the purpose or intent of the addition. Mr. Pencel answered to display and service boats. Mr. Mills then asked if consideration as to whether there will be space to park cars etc. in the area and Mr. Pencel said he has ·sbme-:area.. -:",. Mr. Sfuéard asked who owns the lot directly to the rear of the building and Mr. Pencel answered it was recently purchased by the Log Jam. Public hearing was opened and then closed. Warren County Planning Board recommended approval with only one row of boats being parked on the west side of the property. Mr. Mills asked Mr. Pencel if he was at the County Planning Board meeting Mr. Pencel said he was. Mr. Mills then asked Mr. Pencel if he agreed and he said he did Motion by Mr. Mills, seconded by Mr. Sicard all voting affirmatively, it was RESOLVED THAT the Zoning Board of Appeals approves Variance No. 897 asking that parking be on the west side of the area. Approved. VARIANCE NO. 898 - Hot an Cold Food Systems, Inc. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively, it was RESOLVED that the Zoning Board of Appeals approves Variance No. 898 in that it reinstitutes Variance No. 804 for all the same reasons. Approved. VARIANCE NO. 899 - Glens Falls City School District - to replace a sbhood bus garage previously destroyed by fire. Represented by Joseph Collura. Mr. Collura stated that the school-would like to enlarge the building to keep all the equipment inside. There would then be none stored outside the building as it had been. Mr. Turner asked what the height would be and Mr. Collura said it would be 14'. Mr. Sicard asked if any effort had been taken to find another location perhaps in the City. Mr. Cogov;an::.answered that research on this had been done. Mr. Griffin interjected that this is a residential area and he wasn't sure if the board could go along with expansion. Public Hearing opened. Mrs. Pierce a resident of Glenwood Ave. explained why she was opposed to the building of a new building at all. Mr. John Slovick, owner of property to one side had no objection. He felt it would be better to have everything stored inside. d. 3/ Page 5 Public Hearing closed. Town and County Planning Boards recommended approval. The question was asked if any landscaping was being planned. Mr. Collura explained that there are now heavy trees in the area. Motion by Mrs. Goetz, seconded by Mr. Griffin, it was RESOLVED that the Zoning Board of Appeals approves Variance No. 899 as it is a continuation of a nonconforming use. The proposal makes the affect on the neighborhood less non- conforming and the School is to work with the Queensbury Beautification Committee. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Chairman Cornwell, Mr. Muller and Mr. Mills Abstain - Mr. Sicard. Approved. VARIANCE NO 900 - Smith's Equipment - Construct a building for storage of lawn and garden equipment at existing business. Chairman asked if this area would be blacktop or gravel. Mr. Smith said it is gravel and nothing would be left out at night. Mr. Turner asked if this would be for display also and Mr. Smith said yes. Public hearing opened and then closed. Town Planning Board and Warren County Planning Board recommended approval. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT the Zoning Board of Appeals approves Variance No. 900 as it will improve the visual impact on the residential neighborhood. Approved. VARIANCE NO. 901 - Wayne Pelak Construct a detached garage with an apartment for a family member in single family residential zone. Chairman asked if this would be all the same family or renters. Mr. Pelak said it was for his father. Attorney James Davies explained that it would basically be easier on Mr. Pelak's family if it were allowed as he has 3 children and that Mr. Pelak would go with any restrictions that this board would put on him. Chairman asked if there would be access from one building to the other, Mr. Pelak said no. Mr. Turner asked what would be provided in this building. Mr. Pelak said electrical service and plumbing facilities. Public hearing opened. Vincent Ritarto - 3 Dorset Place, opposed as it would be detrimentãà.-:. to the neighborhood. Albert & Helen Randall, also opposed. ~g;¿ Page 6 -- David Viele - 5 Dorset also opposed. Mr. Becker, opposed - stated that he purchased his property because of the residential restrictions. Michael McCabe - opposed - an apartment would make it a multiple dwelling in a single family area. Jay Agranov - 6 Dorsett stated basically the same objections. as did Joanne Smith of 4 Dorset. Mr. MahiliDn Farman value of houses in the area. Mr. Mills saidThat we must address the question of hardship since this is important, it has to be determined. The Queensbury Planning Board recommended disapproval. Motion by Mr. Mills, seconded by Mrs. Goetz ,;:-atl voting affirmatively RESOLVED that the Zonning Board of Appeals deny V~riance No. 901 based on the fact that all the dwellings are single family dwellings as designed in the ordinance and following the criteria, use of area, hardship and reasonable use of the land and where financial return cannot be gained. VARIANCE NO. 902 - Daniel and George Drellos Establish a mobile home park in a light industrial area zone. Attorney Michael O'C~~~or was present and represented the Drellos family. Mr. O'Connor explained the original plan which was for 70 units but now it has increased to 84. This area is west of the Northway and east of the Mandigo salvage operation. This will be basically the same as what is at the Homestead Trailer Park. Mr. O'Connor then intro- duced Mr. Harwood Beatty who is a licensed real estate broker in the area. Mr. Beatty gave his qualifications and experience as an appraiser and a real estate broker. He explained, in his opinion, why the area in question could not be light in- dustrial which was mainly access to and from a major high- way for vehicles. He felt that a mobile home park would fit into the area in question because of others in the area. Mr. O'Connor asked him if he felt a mobile home park would be detrimental to the area and he answered no. The chairman asked if he knew the estimated number of children that would be added to the Queensbury school system. Mr. Beatty gave no definite answer. Attorney David B. Krogmann represented opposing neighbors in the area which amounted to approximately 80 land owners. He mentioned the pond or lake which could cause problems with children. He presented the board with a list of signatures of those opposed to this variance. The fact that there is nothing in the zoning ordinance as it stands now as far as mobile homes was explained. Then he J. f3 Page 7 mentioned that the area is a "candidate for rezoning". -- Mrs. Goetz questioned traffic to AMG. Mr. O'Connor mentioned that it has to go through a residential area. Public hearing opened. Mr. Roland Mandigo, owner of property next to what is before you tonight for a variance. He said he was opposed because there are enough proplems in the area now with the mobile park that is there now, with the kids, vandalism and the traffic there currently is now on the Luzerne Road and numerous fires in the trailer court. Rodney Dill, resident across the road from the proposed park, opposed. Mr. Muller asked what in particular is offensive. Mr. Dill said the substandard housing and increased population. Mrs. Marie Trombley, resident of the area was concerned about the increase of children and the park will have a negative impact and cause home values to decrease. Thomas Harrington, Maine Avenue - against variance. Will Trombley, Connèct±cut Avenue - opposed. James Lockhart, New Hampshire Ave. - opposed Louise Flemming, Maine Ave. - opposed Mrs. Smith, Vermont Ave. - opposed. Mr. Griffin questioned the essential character of the neighborhood and how it would be altered if approved. Mr. Krogmann added that with all respect to Mr. Beatty, he dosen't think there is proof here that this couldn't be used as zoned, light industrial. Mr. O'Connor requested that this matter be tabled at this time in order for him to submit further data. Mr. Krogmann opposed the~,Í'equèst ta";table. Motion by Mrs. Goetz, seconded by Mr. Muller, it was RESOLVED THAT Variance No. 902 be tabled for one month. Yes,-Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Muller No- Chairman Cornwell, Mr. Sicard and Mr. Mills Approved. VARIANCE NO. 903 - Lake George Boat Company represented by Mr. Salerno - Enlarge shop destroyed by fire with less than required side setback. J ?'f Page 8 Chairman remined Mr. Salerno that this was pre-existing non conforming use and that he was perfectly free to build a building the same size. Mr. Salerno mentioned that the expansion is not designed to increase the business at all. L. E. Clover, Cleverdale expressed feelings that any re- placement should meet the requirements as far as the set back of the property. A letter from Mrs. VanPatten stated that an enlargement of the building should not be granted. Public Hearing closed. Town Planning Board recommended approval along with Warren County. Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Zoning Board of Appeals approves Variance No. 90) with no less than 5' set back, it is continuing the same use and it will not alter the essential character of the neighborhood. Approved. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively, it was RESOLVED THAT THE MEETING ADJOURN. ~ç~ø~ v