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1985-05-15 II ", Regular meeting of the Queensbury Zoning Board of Appeals held Wednesday May 15, 1985 at 7:30 P.M. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard and Mr. Muller Absent: None At this meeting the Board is one member short. Board usually consists of seven (7) members. Mr. Mills resigned as of May 5, 1985. The first order of business was the approval of the minutes subject to the corrections which were noted on the original minutes by the Secretary, Mrs. Goetz. Correction on Page 1 - spelling correction Correction on Page 9 - 4th para. should read foundation lines to the 'north' . Motion by Mrs. Goetz, seconded by Þ1r. Sicard, all voting affirmatively, it was RESOLVED THAT THE Minutes of the meeting of April, 1985 are hereby approved as corrected. Approved. Chairman noted that the first matter on the agenda for the evening would be the decision of the Board regarding the appeal of Eggleston, Cook, Lambert, etal regarding the concrete batch plant located Big Boom Road. MOTION BY Mr. Turner, seconded by Mr. Sicard, it was RESOLVED THAT: Appeals 5 A and B be denied ~er the following: 1. There was no misrepresentation by the applicant, Decan Construction Company, when the application for a building permit was filed with the Queensbury Building Department showing the site as 2.75 acres at the time of the application, based on tax maps and available information to the Building Department. A plot plan is required by the Zoning Ordinance, not a survey, and it has been the past practice of the Building Inspector to base a parcel size on this method. No site plan review was required. 2. The building permit complied with Section 12.070 and Section 12.071 of the Queensbury Zoning Ordinance and there was no misrepresentation on the building permit application. 3. Environmental concerns outside the requirements of the Zoning Ordinance were fully complied with, including air quality permits issued by the Department of Environmental Conservation. /J 4. Based upon the efidence and testimony heard at the hearings, it is the Board's conclusion that the batch plant is a permitted use "in a light industrial zone, as a distribution plant. This finding includes a finding that no further environmental permits were required by the Zoning Ordinance. 5. Therefore, the Board finds and decides that the building permit issued to Decan Construction Company on February l6, 1984, was validly issued. Yes: Mr. Behr, Mr. Griffin, Mr. Turner, Mr. Sicard No: Mrs. Goetz and Mr. Muller Appeal denied. Attorney Robert Hite asked if Mr. Mills had participated at all in the meetings regarding the interpretation. Mr. Turner said that he was present but has now resigned from the Board. The attorney then asked if there were minutes of those meetings at all, Mr. Turner said no. The attorney then asked if he could have a copy of the minutes of this meeting. I;? VARIANCE NO. 755 - Chris F. Warner - Review of previous variance giVen for three (3) years to June 1985. Mr. Warner represented himself. Mr. Warner stated that he has never received any complaints regarding his operation. Mr. Warner handed in some letters from residents in favor of the application. Public hearing opened and closed. ~1r. Warner also said that the Queensbury Beautification Committee also reviewed the application and that they have approved the request. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 755 be approved on a permanent basis. The Town has received no complaints during the three years of operation and the neighbors have also filed a petition in favor of this applicant. Approved. VARIANCE NO. 988 - Robert J. Martin - to construct a single family dwelling with less than the required 15 ft. side setback in single family residential 30 zone. Property located at Montray Road. Mr. Martin represented himself. Mr. Martin said he knew of no objection from any neighbors to his plans. Mr. Behr questioned the existing basketweve storage bin and Martin said that it would be removed. Public hearing opened and closed. Warren County Planning Board approved. Motion by Mr. Turner, seconded by Mrs. Griffin, it was RESOLVED THAT Variance No. 988 be approved based on the existing fact that the lots were with 75' frontage. The basketweve storage bin is to be removed. The praètical difficulty is that the original lots were 75' frontage at the time of subdivision. A stipulation for this approval is that the basketweve storage bin be removed. Yes: Mr. Behr, Mr. Griffin, Mr. Turner, Mr. Sicard, Mr. Muller No: Mrs. Goetz Approved. I J-f VARIANCE NO. 989 - Douglas B. & Cynthia H. Smith - to remove existing camp and construct a one-family dwelling with less than the required setback from property line and shoreline on property end of Bean Road Lake George. Mr. & Mrs. Smith Were present to represent themselves. Chairman asked if the old building would be completely taken down and Mr. Smith said yes. The new building will have a full basement and two (2) stories high. Mr. Behr said that the new building would be no closer to the lake than the old except the southwest corner. Mr. Smith said that actually the building itself will be set back farther than the present camp itself. Representative from the Lake George Association questioned the setback of the deck. He also asked if all the approvals required have been received. Mr. Behr asked if he (LGA Rep.) was speaking for or against the applicant. He said he was probably in favor and will not oppose. Mr. Sicard asked if a new leach pool and holding tank would be put in. Mr. Smith answered that it would be a repair of the existing system. Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Behr, all voting affirmatively, it was RESOLVED THAT Variance No. 989 be approved the practical difficulty is as set forth in the application, there is no adverse affect on the neighborhood and all neighbors are in favor. Approved. VARIANCE NO. 990 - James P. Troy - to relocate a single family dwelling to a lot in light industrial zone property end of East Drive approximately 700 ft. from Luzerne Road. Mr. Turner asked how big the house was that would be moved. Because the gentleman did not speak into the'mike' I could not pick up the answer. Chairman next asked ìf he (Troy) owned the lot prior to the present zoning and he said no, he bought it just after the first of the year. '~c j.~ Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance 990 by approved. There is no adverse affect o~ the neighborhood character. The property cannot be used for light industry and there are all single family or duplex houses on both sides of the area. Approved. VARIANCE NO. 991 - Kentucky Fried Chicken - Area Variance To add a free-standing sign at north entrance of Northgate Center in Plaza Commercial 1 acre zone. property located 728 Upper Glen St., - Northgate Shopping Center. Represented by Mr. Mathis. Chairman mentioned that the business having been located on the south side of the street they were aware of the conditions. Mr. Mathis said he was aware. It was mentioned that possibly they (Kentucky Fried Chicken) might possibly get together with other tenants of the center and put up a new sign. Mr. Mathis mentioned the Munro Muffler signage and Mr. Sicard interjected that Munro is on a lease and it is coming to an end shortly. Mrs. Goetz added that it would seem it would be to the advantage of.. all to work together and get a. new sign that would comply with the ordinance. Public Hearing Closed. Warren County Planning Board did not approve. Motion by Mrs. Goetz, seconded by Mr. Muller, all voting affirmatively it was (Affirmative - yes vote - deny) RESOLVED THAT the Queensbury Zoning Board of Appeals hereby denies Vairance No. 991. The applicant and other tenants should work together withing the guidelines of the ordinance to have a sign that would represent everyone. Variance denied. VARIANCE NO. 992 - Kenneth R. Linton - to locate an inground pool in side yard in lieu of required rear yard placement. Mr. Turner asked if Linton owned property to the east and Mr. Linton said he did. Mrs. Goetz asked what kind of fence would be put up and He said cyclone fencing. - Public hearing opened and closed. /& --- Motion by Mr. Turner, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED that Variance 992 be approved, the practical difficulty is the location of the building to the rear of the house. Approved. VARIANCE NO. 993 - Premier Broadcasting Corp. - to install a 300 ft. FM radio transmission towner with building to house transmitter in suburban residential 30 zone property situated north side of Route 149 approximately 1 3/4 miles east of Route 9. Attorney Frank DeSantis represented Premier Broadcasting Corp. Mr. DeSantis noted that this particular location would have the minimum impact on the neighborhoold and that there would be no draw on public facilities and no increase on traffic. Mr. Behr asked the height of the present tower and Mr. DeSantis said 200', this will be 100' taller than what they have now. He also noted (Mr. DeSantis) that they had contacted the neighbors in the area and have received no opposition. We are being forced out of our current location. The question was asked if this would cause any problems with local TV receipt ion and Mr. DeSantis said it would not. Mr. Behr then asked if there were any problems would they be willing to do whatever is necessary to correct the private sets and Mr. DeSantis said they would. Public hearing ope~ed. Mr. Weller, neighbor across the road said he believed the in- stallation of the tower would be an appropriate use for the land. Public hearing closed. Warren County Planning Board approved. Motion by Mr. Behr, seconded by Mr. Sicard, all voting affirmatively it was RESOLVED THAT Variance No. 993 be approveq. There is no zoning presently for a tower and radio transmitter and this is a community service, because of the conditions of the area is the hardship. This is for FM transmitter only and no adverse affect on the neighborhood. Approved. /7 VARIANCE NO. 994 - Milton MeaJ- To construct an addition to a one-family dwelling at less than 75 ft. setback from lakeshore in lakeshore residential 1 acre zone. Property siguated at Seelye Road, Cleverdale, Nèw York. Represented by Mr. Armando Mr. Armando mentioned that there is a guest house which will be removed in its entirety. The new building will occupy basically the same space as the present building. Mr. Sicard if the new building would have additional facilities and Mr. Armando answered it will have one additional bathroom and possibly a small kitchenette unit and a full size kitchen. Mr. Behr asked if there would be one entrance or separate entrances. Mr. Armando said the main entrance would remain the same with another entrance on the back side of the building. Public Hearing opened and closed. Warren County Planning Board Approved. Motion by Mr. Muller, seconded by Mr. Turner, all voting affirmatively it was RESOLVED THAT Variance 994 is hereby approved, thè applicant has demonstrated a practièal difficulty in that the existing dwelling does not meet the set back. The proposed addition is in line with present dwelling, this is a general improvement of the property as the small building will be taken down. Approved. VARIANCE NO. 995 - Vincent D. 'Koh - to construct dwelling with portion of structure higher than 35 ft. above average grade in rural residential 5 acre zone. Property located Grant Acres subdivision. Mr. Koh showed plans to the Board, no pertinent questions asked. Public Hearing opened and closed. Warren County Planning Board approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance No. 995 be approved. The relief requested is only 5', this is a reasonable request. Approved. '- /8 -- VARIANCE NO. 996- Bonaquisti Construction Co. (FreihOier) to construct office addition to Route £acility in suburban residential 30 zone. Property situated North side Cronin Rd. between Ridge and Meadowbrook Roads. Mr. Turner asked if the office structure would be the same height. Representative said it would be approximately 2' lower. Mr. Behr asked if he expected to have any difficulty getting onto the road and he said no. Public hearing opened and closed. Mr. Turner asked if there would be any plumbing facilities and representative answered yes, two (2) bathrooms. There are two (2) in the existing building which wlll be taken out. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 996 be approved. The facility predates the zoning ordinance, there is no adverse affect on the neighborhood character. Approved. VARIANCE NO. 997. - Sabo N. Sabo - Adirondack Pools and Service - Operate a retail outlet to sell swimming pools and related items and to lease office space in a heavy industrial 3 acre zone property located 5 Boulevard. Represented by Attorney Joseph Horwitz Mr. Horwitz introduced Wallace Bean a local Real Estate Appraiser who described the property involved. He mentioned that the square footage involved was 8,000. Mr. Sabo read a letter from Thomas Marzola, Jr. in favor. Mr. McDonald, a parter of Mr. Saba explained why this was needed. He explained the possible loss of busln~ss if they did not get the vãriance. Mrs. Goetz noted that Mr. Krebs worked on the master plan for the Town of Queensbury and he knew what this property was zoned for.. Chairman asked if they inted to open any access onto River Road and Mr. McDonald answered 'no. Mr. Sabo was next asked how much of the building they would use and he answered about 4,000 sq. ft. The rest is for office space and storage "'-----., " Mr. Sabo was asked if everything would be contained within the building and he answered yes. Public hearing opened and closed. Jf Warren County Planning Board approved and asked that the Queensbury Beautification Committee be contacted, off street parking be considered before allowing office space to be rented. Letter from the Beautification Committee regarding cleaning up the existing planting and mulching was read. Mr. Behr questioned the parking and Mr. Sabo added that the side lot could be made available for extra parking. Mr. Dean interjected that the Community workshop was in the buiiding last and had a staff of twelve who had no problem with parking. Mr. Behr asked Mr. Dean if he felt there was adequate parking and he said yes. Motion by Mr. Muller, seconded by Mr. affirmatively, it was , all voting RESOLVED THAT Variance No. 997 be approved. The applicant has demonstrated a use variance is necessary. They have demonstrated the hardship being on this property as well as adjacent property if allowed to be used cortsistant with heavy industrial zoning and the Beautification Committee recommendations are to be followed. Approved. VARIANCE NO. 998 - Frank Cottone/Tri County Kitchens - to place storage building at less than required 50 ft. setback from zone line and property line. Property situated on south side Corinth Road approximately 350 ft. west of Pinello Road. Mr. Cottone represented himself.. Public hearing opened and closed. Warren County Planning Board approved. .. Motion by Mr. Sicard ,.seconded byMr . Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 998 be approved. It is an appropriate building, the practical difficulty is the side of the lot and the needed use of the proposed structure creates practical difficulty. Approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively RESOLVED THAT the meeting adjourn. ~~AAilcu~ CH I