1985-03-20
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Regular meeting Town of Queensbury Zoning Board of Appeals
held Wednesday, March 20, 1985 at 7:30 P.M.
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Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner,
Hr. Sicard, rlr. Muller and Mr. Mills
Absent: None
The meeting was called to order by the Chairman at 7:30 P.M.
Motion by Mr. Behr, seconded by Mr. Sicard, all voting affirmatively
RESOLVED that the minutes of the January l6, 1985 meeting are
hereby approved.
Approved.
Motion by Mr. Mills, seconded by Mr. Muller, all voting
affirmatively
RESOLVED that approval of the minutes for February, 1985 is
tabled one month.
Approved.
OLD BUSINESS
VARIANCE NO. 965 - Northern Homes, Inc. Quaker Road, Glens Falls
New York
Jeffrey Kelly was present along with Mr. Michael Carusone to
represent Northern Homes.
Mrs. Goetz read letter from the Beautification Committee stating
that they met and gave their approval.
Mr. Kelly said that he had no additional information to bring
before the Board only that he did meet with the Beautification
Committee and they agreed that the further back from Quaker Road
would be better.
Mr. Carusone again mentioned the size of their operation and that
they are a major employer in the community.
Mr. Behr asked when the proposed building would be put up and
Mr. Carusone answered that if things continue as they are probably
within the next two (2) years.
Motion by Mr. Mills, seconded by Mr. Sicard,
RESOLVED THAT the Queensbury Zoning Board of Appeals hereby approves
Variance No. 965 in granting relief of set back requirement in
order to have reasonable use of space and to be as far from Quaker
Road as possible.
Yes - Mr. Griffin, Mr. Turner, Mr. Sicard and Mr. Mills
No - Mr. Behr and Mrs. Goetz
Abstain - Mr. Muller
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It was then explained that because the County denied the request
there must be a majority vote plus 1 to approve this variance.
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zoning Board
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We did not have a majority plus 1 tonight this Variance is
hereby DENIED.
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VARIANCE NO. 97l - David Barnes -to construct a addition to
existing auto body repair shop in Urban Residential 5 zone.
Public Hearing opened and closed.
Motion by Mr. Sicard, seconded by Mr. Behr, all voting
affirmatively
RESOLVED THAT Variance No. 971 be approved it fits in with
the existing operation and it is an expansion of a nonconforming
use.
Aproved.
VARIANCE NO. 972 - Scott Alan Yetter - to construct a single
family dwelling with 17' rear setback in lieu of the required
20' .
Public Hearing opened and closed.
Motion by Mr. Muller, seconded by Mr. Mills, all voting
affirmatively,
RESOLVED THAT Variance No. 972 be approved as the practical
difficulty has been shown in the irregular shape of the lot.
Approved.
VARIANCE NO. 973 - Daniel & Elizabeth Valente - to place a
swimming pool on south side of dwelling facing Sweet Road in
Single Family Residential 30 zone.
Mr. Turner asked if the driveway would remain the same and Mr.
Valente said it would be just as it is now.
Public Hearing Opened and closed -
Warren County Planning Board approved the application.
Motion by Mr. Griffin, seconded by Mr. Turner, all voting
affirmatively, it was
RESOLVED THAT Variance No. 973 be approved the practical
difficulty being the way the house is situated with the rear
facing Sweet Road.
Approved.
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Zoning Board
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VARIANCE NO. 974 - Sabo N. Sabo (Adirondack Pools and Service
to operate retail business for sale of swimming pools in Urban
Residential 5 zone.
Represented by Attorney Horwitz.
Mr. Wallace Bean Real Estate Appraiser gave his qualifications.
Mr. Bean was asked if it would be feasible to develop the area
into single family or duplux buildings.
Mr. Bean answered no beeause of the cost of the land itself.
Mr. Muller added in question form we would be ill advised to
try to put in duplex buildings then.
Mr. Bean said yes.
Mr. Muller then asked if the same would be allover the Town of
Queensbury and Mr. Bean said that it would depend really on what
you had to pay for the property involved.
Mr. Sabo explained that he is a teacher in Hudson Falls and that
they have been in the business for eight (8) years.
Mr. Horwitz asked what type of traffic would be anticipated if
this were to be granted.
Mr. Sabo said that on a per day or per week basis it would be
difficult but probably 20 - 25 in the spring and as the summer
progresses possibly a little more.
The question was asked about deliveries.
Mr. Sabo said weekly or every other week a supply truck would
come.
Mr. Beher asked how much material would be stored outside with
the answer none. Mr. Behr next questioned the chemicals stored
and Mr. Sabo said none would be outside.
Mrs. Goetz asked if there would be a model pool outside the building,
Mr. Sabo said not at this time.
Mrs. Goetz next asked if they used a backhoe and he said that they
have no large equipment.
Mr. McDonald described the outside aesthetics and mentioned that
Quality Nursery would be doing the work.
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The question of ingress and egress on Aviation Road rather than
Dixon Road was addressed.
Public Hearing Opened.
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Zoning Board
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Mary Miller, 617 Dixon Road presented a petition in opposition.
Mr. Muller added that if this property were to be used as zoned,
there possibly would be more living units and more traffic problems.
This operation would have more traffic than one residential unit
but less than a commercial venture.
Mr. Sokol was present also in opposition.
Donald Moon 110 Aviation Road Against venture.
Herb Epstein, Evergreen Homeowners Assoc. also against.
David Sinclair, 1 Popular Lane, against.
A letter from Mrs. Desbien II Midnight drive and a letter from
Mr. & Mrs. Morninweig both opposed read into the record and on
file in Building Dept.
Queensbury Beautification Committee approved.
Mr. Muller said that Mr. Sokol indicated therer had been other
offers made consistant with the zoning and Mr. Horwitz answered
that he has not been told of any offers. This is the only offer
on this piece of property.
Public Hearing closed.
Motion by Mr. Behr, seconded by Mr. Turner
RESOLVED THAT Variance 974 be denied because the applicant has
failed to prove the minimum requirements for a use variance
proving the property could not be sold for the permitted uses.
Yes to Deny - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner,
Mr. Sicard, Mr. Muller and Mr. Mills
Denied.
VARIANCE NO. 975 - Barcy Enterprises (Apple Annie's Pub)
To construct an addition to restaurant with less than the required
setbacks in highway commercial 15 zone.
The representative stated that they were trying to utiliize the
existing structure and clean up the front area by continuing the
building.
Mrs. Goetz was concered that the sign would reach out onto Rt. 9.
and the parking in the front.
Public Hearing open.
Janit Boliver, neighbor-complained about the cars damaging the
fence.
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Zoning Board
Mrs. Goetz asked if the addition would cause any problems with
adequate parking, he said there was ample parking.
Mr. Griffin asked if he knew how many parking spots there were
now and he said approximately 55. Mr. Griffin next asked about
the seating capacity and he answered roughly 109.
Public Hearing Closed.
Warren County Planning Board approved.
Queensbury Beautification disapproved as the landscaping plans
have not been submitted or are incomplete.
Mr. Turner asked if they would agree to meet with the committee
and he said he would.
Motion by Mr. Behr, seconded by Mr. Turner, all voting affirmatively
RESOLVED THAT Variance 975 be approved as the practical difficulty
has been proven and that they meet with the beautification
committee and abide by their recommendation. This variance as
granted will be nul and void if recommendations not met.
Approved.
VARIANCE NO. 976 - Thomas and Marilyn Jacobs - to maintain a side
setback of less than 30 ft. from proposed property line.
Represented by Mark Nordsay of Lapan & Reardon, etc.
Public hearing opened and closed
Warren County Planning Board approved.
Motion by Mr. Muller, seconded by Mr. Sicard, all voting
affirmatively,
RESOLVED THAT Variance 976 be approved for the reason that the
applicant has shown a practical difficulty as shown on his map
and to fn~ther substantiate by the other comments on the
application.
approved.
Motion by Mr. Sicard, seconded by Mr. Mills all voting affirmatively,
RESOLVED THÆT THE MEETING ADJOURN.
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