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1984-11-28 '3JJ> Regular monthly meeting of the Queensbury Zoning Board of Appeals held November 28, 1984. Present: Mr. Behr, Mr. Griff in, Mrs. Goetz, Mr. Turner, Mr. Sicard Mr. Muller and Mr. Mills. Absent: None The first item before the Board was the approval of the minutes of the October meeting. One correction on Page 2 paragragh 3 - should read many homes. Motion my Mr. Sicard, seconded by Mrs. Goetz, all voting affirmatively - RESOLVED THAT the minutes of the October meeting are hereby approved subject to mentioned correction. Approved. Old Business VARIANCE NO. 586 - Richard Kubricky A letter from Dorothy S. Kubricky requesting an extension of their building permit was read into the record and attached hereto. The Board members all agreed to extend the permit. Motion by Mr. Behr, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Request of Richard and Dorothy Kubricky for the extension of their building permit is granted for the reasons stated in their letter. Approved. VARIANCE NO. 950 - Cool Insuring Agency, Inc. Warren E. Rouillard was present representing Cool Ins. Agency. This Variance was tabled from the previous meeting due to the lack of information provided to the Board. Mrs. Goetz mentioned that the sign was already in place and asked if they had a temporary sign permit. Mr. Rouillard said they did have a temporary permit issued to them. Mrs. Goetz then added that the sign ordinance is lacking in many ways regarding temporary permits. Mr. Muller asked if the sign he looked at is the sign. - Mr. Rouillard said yes. Letter from the Warren County Highway Department read. )Jq Page 2 November 28, 1984 Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance No. 950 is approved as all necessary in- formation reqested has been provided. Approved. VARIANCE NO. 953 - Samuel Peca - Audio Genesis Sign Variance Mr. peca was present to represent the firm. Mr. Peca explained the reasons why they needed to relocate the present free-standing sign mainly the sign from Pharmacy Assoc. Public Hearing opened and closed. Warren County Planning Board approved the request. Motion by Mr. Muller, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 953 be approved as they have demonstrated the necessary requirements. This Board allowed Pharmacy Associates to have their sign and thus created the problem. The practical difficulty has been demonstrated. Approved. VARIANCE NO. 954 - Northern Homes, Inc. - to construct accessory storage structure at less than the required 50 ft. rear setback. Represented by Jeffrey Kelly. Mr. Kelly stated that he has spoken to a number of the residents in the area, submitted the names for the record saying that they do not object to the building within 10' of the property line. Warren County Planning Board turned down the request with concern for the residential property directly behind the building which is owned by the Beeman family on North Road. Mr. Kelly said that Mr. Beeman looked at the plans and said he had no problem with them. Mr. Behr asked what the hardship would be. Mr. Kelly said the hardshipis that if we had to stay the 50' from the property line there is a lot of land we can't use to its best advantage. '--- Mr. Behr then said then you can salvage the front portion for something later on and Mr. Kelly said yes. 330 PA;. 3 November 28, 1984 Michael Carusone introduced himself as President of Northern Homes and explained that the property is very low in front. In order to do this properly we will we would loose area. We have no idea what the future will be. He said that they would build a two story building. Public Hearing opened Harwood Beaty, 47 Glenwood Ave. - No objection but would like to see some shrubbery located around the area. Letter from the Queensbury Beautification Committee stating that disapproved. Warren County Planning Board also disapproved. Mr. Carusone said anything the beautification committee requests they will be glad to do. Public hearing closed. Motion by Mr. Griffin, seconded by Mr. Turner RESOLVED THAT Variance No. 954 be approved as follows: The lumber would be set back from Quaker Road and not be visiblp- size of lot in highway commercial zone precludes doing much with property without a variance and that the Queensbury Beautification Committee be contacted for input. Yes - Mr. Griffin, Mr. Sicard, Mr. Mills No - Mr. Behr, Mrs. Goetz Abstain - Mr. Muller Motion denied. It was then explained that because the Warren County Planning Board had denied the request that this Board had to have a majority plus one for approval. VARIANCE NO. 955 - T. Laurence Reynolds - to subdivide a parcel to less than the required one acre in Lakeshore Residential 1 Acre west side Cleverdale Road at intersection of Rockhurst Road. Mr. Harold Gordon explained the driveway situation. He then said that there is no practical way to divide the property. If another driveway could be established it would be more suitable. There was a letter from Attorney Frolmer in opposition to request. Mr. Gorden then presented a letter withdrawing his opposition. Mr. Behr asked a question but I could not hear it. Charles Adamson asked the size of proposed property. ',- Mr. Muller said it would be a little over half an acre. Mr. Adamson next questioned the septic system. 33/ Page 4 November 28, 1984 Mr. Reynolds said that the septic system runs to the rear away from the lake. The question of the 99 year lease was discussed. Mr. Muller asked if it was possible to in any way get the full acre. Alma Hurwitz resident in the area concerned about water flow. She said that if the property as it now stands is large enough to permit subdivision into two (2) parcels, and if this is permitted, then it should be done with the condition there will be no further subdivision of that property. She is also concerned about dock space and boats. Warren County Planning Board disapproved as a precedent would be would be established. Motion by Mr. Behr, seconded by Mr. Mills RESOLVED THAT Variance No. 955 be denied as no hardship has been shown and there is an alternate use of the property. No practical difficulth has been shown and it can be leased for 99 years. (Yes vote means to deny) Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Turner and Mills No - Mr. Sicard,Mr. Muller ~f .r Variance Denied. VARIANCE NO. 956 - Gary Crum - to place addition to dwelling with less than the side yard setback. No questions from the Board, all agreed Mr. Crum was doing a good job with the property. Motion by Mrs. Goetz, seconded by Mr. Griffin all voting affirmatively RESOLVED THAT Variance 956 is approved as the practical difficulty has been established in the size of the lot, the neighbors are far enough away and it will improve the neighborhood character. Approved. VARIANCE NO. 95a- Richard Horwitz - to construct solar addition to dwelling with 13 ft. side setback. Mr. Behr asked if the addition will be higher than the existing roof line, he answered no. Public hearing opened and closed. - Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively, RESOLVED THAT Variance No. 957 be approved this is minimum relief 3}~ Page 5 November 28, 1984 and reasonable use of the property. This request is for only 2' relief. Approved. VARIANCE NO. 958 - Carl Graves - to construct two-car detached garage at less than the required siàe yard setback. Mr. Graves rcpreEe~ted himself. The question was asked of Mr. Graves who owned all the vehicles on the property. Mr. Graves answered that they were all his cars. Mr. Turner asked how many of the cars were registered and he said three (3).. Mr. Turner then asked if he was going to do any repair work in this proposed garage and he said no. Public Hearing open Letter from Margaret Baxter in opposition - requested copies of the minutes of this any any other minutes pertaining to this Variance. Public Hearing closedJ Warren County Planning Board approved the request. The Board asked the Building Department representative how many un- registered vehicles are allowed per piece of property. Mr. Bolton said two (2). Public hearing re-opened. Mr. Terrio, Big Boom Road asked what he was going to do with all the other cars that aren't licensed. Mr. Graves answered that he would get rid of them if he had to. Discussion among Board regarding deferring the application. Motion by Mr. Muller, seconded by Mr. Turner, all voting affirmatively RESOLVED THAT Variance No. 958 be deferred, tabled, until the applicant can come into compliance with the zoning law as far as unregistered vehicles on the property at which time the application will be heard. Approved. VARIANCE NO. 959 - Andrew and John McCormack - to construct multi- family dwellings on property zoned single family residential. Plans were discussed by Mr. McCormack (Sr.) He said that the ß3 Page 6 November 28, 1984 '--' proposed buildings will be on an area large enough for twelve (12) single family units. He pointed to a map showing that these buildings would be in t~e corner of the property near the highway commercial zone. There will be heavy buffer of trees. These buildings will not look like duplex buildings. He mentioned the residents concerns regarding traffic. Mr. Mills asked if they were limited to the six (6). Mr. McCormack answered 6 would be the maximum Mr. Mills then asked because of-------- Mr. McCormack said they felt that is all the property lends itself to. Mr. Muller questioned ownership. Mr. McCormack said they would be the owners and would be maintained by them. We will retain ownership, rent them and be caretakers. Public Hearing opened. Bernard McCann, resident of Courthouse Estates presented the Board with petition signed by 72 residents and some from adjoining areas opposed to the application. Mentioned that most of the people here if not all the people recieved their first notice that anything was anticipated last Wednesday, the day before Thanksgiving. He mentioned the restrictive covenants in all their deeds. He said that placing duplex buildings would lower all the property values. He mentioned the ingress and egress. Frank Shortell - Courthouse Estates, concerned about access to the area and the increased traffic it would cause. He asked if there might be another access route available. Mr. McCormack said there was nothing else available. Mr. Shortell then said they were proposing this knowing the traffic problem. He questioned the possible purchase of other residential properties. Another resident, did not hear name sounded like Labe mentioned that this property wasn't actually land-locked. James Carpenter questioned the use of the property and also increased traffic flow. He too mentioned the land restrictions. Ron Bryant - concerned about traffic and also mentioned the school bus. ~ Mr. Rohne, Courthouse Estates mentioned that this was a Class A development and would like it to remain so. Mr. Labe asked if the parties had an option to buy the adjoining property. 331 Page 7 November 28, 1984 ---- Mr. McCormack said they do not own everything, they do have an option to buy the remaining property. Claudia Farone-If you are able to come in from Route 9, would you still open the Courthouse road. Mr. McCormack answered that they would connect to it. Mrs. Farone added this is what everyone is fighting against. Roy Urrico Courthouse Drive - What this means is more traffic in the area and the lives of our children. Mr. Rohne - if there is objection to this apartment house concept, I would withdraw, well there is objection, will you withdraw. Mr. McCormack - not at this particular moment. Discussion between residents and Mr. McCormack regarding another entrance into the area. Mr. Shortell asked if there was any place else where you could come out onto Glen Lake Road. Mr. McCormack said no, they exhausted all possibilities. Mr. Muller remined everyone what they were actually here for Mr. McCormack can open the third section, what he is asking for is relief to build the duplex buildings in that one section. Mr. McCann added that they have not proved hardship. Mr. McCormack once again came forward and stated that if you feel that this is not what you want, they we will drop it, we withdraw the request. VARIANCE 960 - King Service, Inc. - to construct pump islands and canopies for gasoline station with less than the required setbacks. Representative present. Mr. Turner asked if there would be any lights on the canopy, the representative said no. Mr. Turner asked about signs on the building. Representative said none now but possibly one on the front. Mrs. Goetz asked if any back lights were planned, representative said no lights. Mr. Sicard asked what the hours would be and representative said it will be a convenient type store. 335 Page 8 November 28, 1984 Queensbury Beautification Committee has approved. "'- Warren County Planning Board approved. Motion by Mr. Mills, seconded by Mr. Muller, all voting affirmatively, RESOLVED THAT Variance No. 960 be approved as it meets the criteria of area variance, this is minimum relief and reasonable use of the land. Approved. Motion by Mr. Griffin, seconded by Mr. Behr, all voting affirmatively, RESOLVED THAT THE MEETING ADJOURN. APPROVED. "...-' ,.~ ( ^ ¿¡>¿C4 /7/ Chairman ( ¿/CU-ødt --- VAR. sa, 11JW>71; ~¿{/Jh Rj~4Jot µ*~ t,J /921 'hY~ Øð4.-<d ~ XlAþ,.¡cky TOWN OF QUEENSBURY () [ffi ~ (G IU If ~ [D) NOV 'i' 1Y84 f\ "Al1. /!xm..d IJ~' A.M.' PM ¡'J.e~ J 71~1~I\~ml~111?i~' . 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