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1984-07-18 3c)3 Regular monthly meeting of the Queensbury Zoning Board of Appeals was called to order July 18, 1984 at 7:35 P.M. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Hr. Turner, Hr. Sicard, Mr. Muller and ~1r. Hills The first item on the agenda was the approval of the minutes of the June, 1984 meeting. Motion by Mrs. Goetz, seconded by Mr. Behr, all voting affirmatively, RESOLVED that The minutes of the June 1984 meeting are approved as submitted. Approved. VARIANCE NO. 924 - Vaughn H. Fowler, 19 Moorwood Drive, To construct a 14' by 24' storage building with a 4' side setback in lieu of the required 10' for an accessory building. Mr. Fowler represented himself and explained the problems that exist on the property. He would like to store his boat in the proposed building. He explained also that he would like to have the building as close to his house as possible in order to be able to keep an 'eye' on it. Hr. Turner asked Mr. Fowler if he would have to remove more trees if he were to move it over any along the driveway and Mr. Fowler answered that he would. Mr. Behr asked how high the building would be with Mr. Fowler answering that according to the present plans it would be approximately 13'. Mr. Behr then noted that this would probably be more of an in- convenience than a hardship and Mr. Fowler agreed. He added that the storage building could go further out but that he feels that there could be possible vandalism if he couldn't keep a watchful eye on it. Public Hearing opened. Resident of 12 Moorwood drive (could not get the name) came forward and stressed that if everyone took care of their property as well as Mr. Fowler we would be doing good, he does a "quality" job. It would be better to have the boat and trailer in than to just let it stand outside. A letter was read from Mrs. McMaster also had no complaints. Motion by Mr. Sicard, seconded by Mr. Griffin, it was RESOLVED THAT the Zoning Board of Appeals approve Variance No. 924 as the requirements of a practical difficulty have been made and there was no opposition by any neighbors. .- 3ð~ Page 2 Yes - Mr. Behr, Mr. Griffin, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills No - Mrs. Goetz Approved. VARIANCE NO. 925 - William J. LaSarso - To use cellar of dwelling for selling and buying sports equipment, firearms and supplies in Land Conservation 42 Acre Zone property at east side Upper Bay Road. Mr. LaSarso represented himself. Mrs. Goetz asked him how people would know about him and he answered through advertising, business cards etc. Mr. Behr asked if this was his primary source of income and he answered no, that he was also a New York State Prison Guard.. Mrs. Goetz then asked if this was also an application for a sign variance. Mack Dean interjected that if this variance were to be granted, you could make a sign restriction in it. Mr. LaSarso was asked how much amunition he would have on hand at anyone time and he answered that there is a limit set by the state for this. Mr. Sicard asked if the government made periodic inspections of the operation and Mr. LaSarso said that they can come at any time and inspect the books. Public Hearing opened. Mr. Glen Powell, resident adjacent to the property in question came forward and said he was against this type of operation. He stated that since Mr. LaSarso has lived there he has done a considerable amount of shooting and this has been within 500' of his (Mr. Powell's) house. The area is not a place for an operation such as this. Mr. LaSarso next mentioned that there was no test firing going on at his place. Mr. Muller asked Mr. Powell, if as a neighbor has he observed customers coming and have there been any traffic problems. Mr. Powell said there really hasn't been that much parking activity going on. Warren County Planning Board approved the reqest with no comments. Mack Dean added that if the board did approve this the wording that no shooting be done on the grounds and that the variance be reviewed. .,- Mrs. Powell then asked if he would have a sign and Mr. Turner said that the Board would discuss that also. 305 Page 3 Þ1r. Turner asked what size the sign he had was and Mr. LaSarso said approximately 3 x 3. Mr. Turner than asked if he made application for a sign permit and Mr. LaSarso added that he thought they were one and the same. Mr. Beher asked the square footage of the driveway and Mr. LaSarso said he could put 4 cars in his driveway Mr. Sicard asked when he started his business and Mr. LaSarso said he started in November of 1983. Mr. Sicard then asked if he would have any difficulty liquidating his assets and Mr. LaSarso said that at this time he would. Mrs. Goetz then asked Mr. LaSarso if he ever thought otherwise about his running a business in a residential area and he answered that everyone else is doing it in the area. Mr. Behr also asked if this was his principle sourse of income and he answered that he has a few years left to work before he retires from the State and he is trying to work on something so that he can retire with an outside income. Motion by Mr. Behr, seconded by Mr. Muller all voting affirmatively RESOLVED that the Zoning Board of Appeals hereby denies Variance No. 925 because there has been no hardship proven and because of feelings for the safety in the area and other reasons on the part of the neighbors. (Affirmative yes vote is to deny) DENIED. VARIANCE 926 - Tabled VARIANCE 927 - John M. Hughes - to construct professional offices on Lots 1,2,3 and 4 on proposed subdivision of lands in Urban Residential 5 zone, west side of Bay Road. Mrs. Goetz asked if this was the same that was approved previously and he said yes but that he has changed the lot size. Mr. Hughes said they have changed the lot size and the roadway entrance, this time we will come in from Walker Lane. Mr. Behr noted that the area itself has homes. Mr. Hughes added that the high buildings face on Bay. Public Hearing opened Warren County Planning Board approved. Queensbury also recommended approval as it follows the plans for Bay Road. --- 3o(P Page 4 Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Zoning Board of Appeals approve Variance No. 927 as the use is essentially what was approved when Variance No. 871 was approved. Approved. VARIANCE NO. 928 - Daniel Rogers 17 Colonial Court - to place a swimming pool at less than the required 20 ft. rear setback in a single family residential 20 zone situated 17 Colonial Court. Mr. Behr asked if this was the only size pool he could get. Mr. Rogers answered that it was the smallest diving pool Imperial Makes. Mr. Griffin asked how close the pool was to a neighbor and Mr. Rogers said about 12'. Motion by Mr. Sicard, seconded by Mr. Griffin RESOLVED THAT the Zoning Board of Appeals approves Variance 928 as it is the only place he can locate the pool, it is reasonable use of the property and he has shown practical difficulty. Before the vote was taken-- Mrs. Goetz stated that she didn't think there was adequate property for the pool but the neighbors don't seem to mind, they are all in the same situation. Yes - Mr. Griffin, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. r1ills No - Mr. Behr and Mrs. Goetz. Approved. Interpretation No. 28 A let~er from Llnda Horaz was read regarding her plans to have a take out and delivery service possibly located at 297 Bay Road. It was decided after discussion among the members that Ms. Horaz should come to the Zoning Board and discuss her plans it would be better than trying to interpret a letter. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively RESOLVED that the Zoning Board of Appeals in order to give a fair determination request that Linda Horaz appear before the board with a variance request. Approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, RESOLVED THAT the meeting adjourn. Approved. ~n, çJUMt~ CHAIRMAN -