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1984-08-15 " 3a1 Regular Monthly meeting of the Queensbury Zoning Board of Appeals was called to order Wednesday August 15, 1984 at 7:30 P.M. Present: Mr. Behr, Mrs. Goetz, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills Absent: Mr. Griffin First item on the agenda was the approval of the minutes of the July meeting. Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively, RESOLVED THAT the minutes of the July, 1984 meeting are hereby approved as submitted. Approved. VARIANCE NO. 841 - July 20, 1983 - David Robinson A letter was read from Mr. Robinson who was basically requesting that the variance given to him in July of 1983 be extended. There was no opposition to this request from the members present. Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Variance No. 841 granted July 20, 1983 is hereby extended. Approved. VARIANCE NO. 930 - Wendy's Old Fashioned Hamburgers - Represented by Henry J. Sherowski General concern by all members was the parking situation. They did not want another situation to occur similar to the parking at McDonalds. Mrs. Goetz asked how a double bank of parking would affect the drivein. Mr. Sherowski said they would not planning on a double bank on that side. Mrs. Goetz expressed her concerns about a line of cars extending out onto the highway itself. Public Hearing open - Larry Ringer - President of Queensbury Central Fire Co. concerned about traffic pattern as the fire truces exit out of Foster Avenue. He also said they were not against the operation. Warren County Planning Board approved with no further comment. Queensbury Beatutification committee had some recommendations. Mr. Mills asked if Mr. Sherowski could respond to Mr. Eddy's letter. ~. Jof Page 2 Mr. Sherowski mentioned that Mr. Eddy was to send him a letter with names of landscapers but when he left to come to Queensbury he had not received a letter. Mr. Mills questioned the septic system. Mr. Sherowski said that until a contract is signed the company can't do a percolation test. He said that Leon Steves is the man they have been working with here and he has the name of the firm who will be doing the perc tests. He then said he had no problem with the Board making the approval conditioned on this. Mr. Mills said he is quite concerned about the ingress and egress as there is no control. Mrs. Goetz suggested taking away the first two parking spaces. Mr. Behr suggested the possibility of tabling this until there is more information. Mr. Sherowski said he would prefer to have approval of this with conditions so their work can continue. Motion by Mr. Mills, seconded by Mr. Sicard, all voting affirmatively, RESOLVED that Variance No. 930 is approved with the condition that two (2) parking spaces as you enter into the property are eliminated and a letter sent to the Queensbury planning board regarding the septic system and traffic problems. Approved. VARIANCE 931 - Stephen G. Sellingham - to construct addition to a welding supply house for storage with 6 ft. side setback in lieu of the required 20 ft. Mr. Sellingham represented himself. Mrs. Goetz asked if the neighbors next door would have enough room to back out and Mr. Sellingham said they would have no problems. Public Hearing opened and closed. Warren County Planning Board approved with no further comment. Motion by Mr. Behr, seconded by Mr. Sicard, all voting affirmatively RESOLVED THAT Variance No. 931 is approved as a practical difficulty has been shown and the property owner immediately to the south has indicated no opposition. Approved. '....... 309 Page 3 VARIANCE NO. 932 - Ned and Joyce Crislip - To operate a Bed and Breakfast in their home on Ridge Road. --- Both Mr. & Mrs. Crislip were present for questioning. Mrs. Goetz asked what the maximum number of people would be there at one time. Mr. Crislip answered that they are only using two rooms at this time so possibly two couples or four people. The question was asked as to how they would contact clients. Mr. Crislip answered that Bed and Breakfast homes are well known in New England and they have an organization and a booklet is published with places listed in them which describes the location and facilities available. Public Hearing opened and closed. Warren County Planning Board approved. Question asked of the Crislips was would it be any delay for you or their plans if this was granted to them only and for their lifetime they said it would not bother them at all to have that in the approval. Motion by Mrs. Goetz, seconded by Mr. Sicard all voting affirmatively RESOLVED that Variance No. 932 be approved as an unnecessary hardship has been established, this will not alter the essential character of the neighborhood and the variance is limited to the applicant's lifetime and their use only. Approved. VARIANCE NO. 933 - Lambi Investments, Inc. - to use existing rental office for rental office and CPA office. Represented by Attorney John Ingals. Mr. Ingals mentioned that there has been one small change, an addition will be added to the plans. It is presently used as office and rental office and they are proposing a use to professional. Public Hearing opened and closed. Warren County Planning Board approved with no additional comments. Motion by Mr. Mills, seconded by Mr. Muller, all voting affirmatively, RESOLVED THAT variance No. 933 be approved based on the fact that professional offices have already been granted in the area and it will not change the character of the neighborhood. Approved. ,5/0 Page 4 VARIANCE NO. 934 - Jeffrey D. Powers - To operate an auto body shop in Urban Residential Zone. Mr. Powers was present to represent himself. Public Hearing Opened. An attorney introduced himself (I did not get name) stating that he represented homeowners in the area. He said that he had a petition for approximately 32 homeowners. He mentioned that the only hardship demonstrated by Mr. Powers was a self-imposed hardship. He also mentioned that the applicant does not own the land. He stressed that no applicant is entitled to relief from a self imposed hardship. He submitted photographs of homes in the area and also some showing the operation of Mr. Powers as it looked this date. He read an affidavit of J. Bryan Harrison. He introduced an appraiser, Gerald Griffin. Roland Barden, Jr. spoke against the request Loren Marks, adjacent property owner also against the operation as the whole area is a general mess, parts of cars laying around, etc. Mr. Mills asked if anyone registered these 'housekeeping' complaints with the proper authority. Mr. Marks said no, they just discussed them neighbor to neighbor. Joyce Eggleston - also opposed. Daisy Burt - said she has been a resident of the area for 50 years and that she was not in favor of that type of business or any business in the area. Hr. Turner asked Mr. Powers if the Board denied, he would have to stop operations and clean up the property, how much time would he need. Mr. Powers said that he would have to get a reasonable length of time. Mr. Dean added that if the variance was denied, he would then have to cease desist immediately, the removal of all cars would or could be over a period of time. The attorney representing the neighbors asked if a permit was issued to this person before. He added that he didn't believe any permits were ever issued. Mr. Dean answered that the Town does not require a business license on permits. Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively RESOLVED THAT the Queesnbury Zoning Board hereby denies Variance No. 934 as no hardship has been demonstrated and a time limit of 45 days granted to relocate the business as the area is primarily residential. Approved. '- 311 Page 5 VARIANCE NO. 935 - David Shaw - to construct new dwelling and camp to replace existing dwelling and camp. Mr. Shaw represented himself. No questions. Public hearing opened and closed. Warren County Planning Board approved. Mr. Behr asked if the old building would be removed and Mr. Shaw said as soon as one is up the other will come down. He said he is planning to use one of the buildings and rent the other. He said it would take approximately 2 years to complete the construction. Motion by Mr. Mills, seconded by Mr. Sicard, all voting affirmatively RESOLVED that Variance No. 935 is approved as a practical difficulty has been shown, there is reasonable use of the property and will decrease the number of buildings on the property to a total of 2 dwellings. One dwelling a home and one camp 20 x 24 with two bedrooms. Approved. Variance No. 936 - John Shaw - to sue existing building for office and auto sales lot in Urban Residential 10 zone, 16 Holden Ave. Mr. Shaw was represented by Attorney James Horwitz who said that Mr. Shaw is the Lessee of the property in questions. His father in law is the owner of the property and he has a five (5) year lease. It is a building that has been used for storage and is on a concrete slab. There is no insulation it can't be used for a residence and is not feasible to be converted into one. Mr. Behr asked if there were other business in the same area and Mr. Horwitz answered yes. Mrs. Goetz asked how long the operation has been there and he answered 6 months. Mr. Turner asked if there was electrical service into the building and the answer was yes. Mr. Turner next asked about plumbing and Mr. Horwitz said they were waiting for the variance before that was done. Signs were discussed but nothing definite. Public hearing opened James Hermance spoke against the request as did Mrs. Hermance. They were objecting mainly to the area being used as a used car lot as it would only bring others. '- 3/:2 Page 6 Mr. Behr asked how many care. :there at one time and Mr. Shaw said for the Board to name a number. Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively RESOLVED THAT Variance No. 936 is hereby denied as the necessary hardship has not been shown, that a 45 day period be allowed to vacate the premises as a business use. Disapproved - (Yes was to deny) VARIANCE NO. 937 - Joseph Gavita/Frederick Howard Northway Floors, Inc. Represented by Attorney Robert Stewart. Mr. Stewart said that they would like to add a one story addition to the existing building to be used for storage of carpet. Only issue discussed was the parking spaces. Mr. Muller asked how many spaces there would be and Mr. Stewart said there would be 84 which is ample. Public Hearing opened and closed. Warren County Planning Board approved. Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively, RESOLVED THAT Variance No. 937 is approved as it meets the requirements for area variance and a practical difficulty has been demonstrated. Approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, Meeting adjourned. Ç¿ì ~4 ~~~IA CHAIRMAN - ''-"' 313 At a regular meeting of the Queensbury Zoning Board of appeals, the following correction was made to the minutes of the August, 1984 meeting before approval: RESOLUTION NO. 934 - Jeffrey D. Powers Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board hereby denies Variance No. 934 as no hardship has been demonstrated that has been addressed to ownership of the property and a time limit of 45 days granted ~o relocate the business as the area is primarily residential. Approved. ',,-;.