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1985-09-18 31 Regular monthly meeting of the Town of Queensbury Zoning Board of Appeals held Wednesday, September 18, 1985 at 7:30 P.M. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Sicard, Mr. Muller and newly appointed member Mr. Kelley Absent: Charman Turner In the absence of Mr. Turner, Mr. Sicard acted as Chairman. The meeting was called to order by Mr. Sicard with the first matter to be taken care of the approval of the minutes of the August meeting. Motion by Mr. Muller, seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT the minutes of the August 1985 meeting are hereby approved subject to two corrections made on the original minutes by the secretary of the Board. Approved. OLD BUSINESS: VARIANCE NO. 1009 - Arthur J. Buckley Attorney Robert Stewart representing Mr. & Mrs. Locke immediate neighbors to one side came forward and mentioned that he felt that the existing problems have now been solved. He said that the engineer they spoke with suggested a few conditions. One being that the two ditches come out and join onto Hillman Road. Another being that the ditch have a constant 4% grade to Lake George and that it have a 15% grade on the Locke side. He added that this information was given to Mr. Schachner, attorney for the Buckleys, and he seems to have no objections. Mr. Schachner added that what Mr. Stewart said is correct. He also added that. t,here would be no adverse affect on the neighbor- hood character, on public facilities and that there seems to be no feasible alternative and a practical difficulty has been demonstrated. Motion by Mr. Muller, seconded by Mr. Behr,all voting affirmatively, it was RESOLVED THAT Variance No. 1009 be apDroved for an area variance the applicant has demonstrated a practical difficulty with the narrow lot. The swale ditch be placed as nown on plans and also connecting with Hillman Road. The proposed swale maintain constant 4% grade along the side and the side where the Locke residence is not to exceed a 15% grade when the building is completed. Approved. INTERPRETATION NO. 30 - Interpretation of accessory use structures (fences) within 50 ft. of .shoreline of Lake George by Guy Middleton, Seelye Road, Warner Bay, Lake George, NY. 10 Page 2 Zoning Board September, 1985 Attorney Robert Stewart was present representing Mr. & Mrs. Robert Middleton. Mr. Stewart made reference to APA and their restrictions on fencing. He said that this fence is 7 ft. high and is a solid fence. He then showed photos of the fence to the Board. He added that the fence blocks ·off view of the lake and lake breezes. Attorney Michael O'Conner was present representing Mr. Kaidas. He mentioned that if this particular fence is considered a structure then no one in the entire town will be able to fence in his land. He said that Mr. Kaidas asked the Town and Mr. Dean said it was OK. He then asked the APA and they had no problems. He added that on the average the fence is only 6 ft. high. Chairman Sicard suggested that this be forwarded to the Board Attorney for his interpretation and Mrs. Goetz supported the suggestion. Public Hearing Opened. Charles Adamson, Assembly Point spoke on the aesthetic value this would have on this particular area. Mr. O'Connor once again said to consider what affect this will have upon the total town zoning ordinance. Public Hearing closed. Motion by Mr. Muller, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Interpretation No. 30 be tabled for the purpose of consulting with the Zoning Board Attorney regarding questions involved. Approved. VARIANCE NO. 1017 - John G. Norton - to subdivide 1/69 acres for two single family dwellings in Lakeshore Residential 1 Acre Zone. Mr. Norton was represented by Attorney Michael O'Connor. Mr. O'Connor stressed before beginning that this application is not for docks only for what is shown on the plans before the Board. This is a request to create two (2) nonconforming lots, this is a new application with one (1) lot on the lake with the house to the middle of the lot and garage to the rear and septic to the rear. Lot number two (2) will have deeded rights to use the lake. He referred the letter from Attorney Prime and the two existing dwellings and the commercial use now on the property. Mr. Behr questioned the closing of the road to certain people. Mr. O'Connor said they have discussed this with the attorney for Mrs. Heidorf. Mr. Griffin asked if the proposed garage was for storage or for if/ Page 3 Zoning Board September, 1985 living space and Mr. O'Connor answered just storage and possibility the storage of a boat or two. Mr. O'Connor introduced Raymond Buckley a licensed Professional Engineer. He said that he had examined the present structures and didn't feel that the buildings were salvagable. Attorney Bernice McPhillips, representing Mary Heidorf, said she has meet with Mr. O'Connor and she feels that an agreement can be reached and has no objection to the plans as submitted. Attorney Austin Hoffman representing Dr. & Mrs. Kane and two other residents of the area the names I did not hear. Mr. Hoffman spoke about no hardship being proved, he made reference to the dock issue. He submitted items to the Board for review, a map showing the area and a survey of the area. He again made reference to the dock issue and Attorney O'Connor interjected that there was no application for docks and did not think this should be made an issue at this time. 1-1r. O'Connor asked Mr. Buckley if the septic would be able to comply and Mr. Buckley answered there would be no problem with it complying. A letter from Berton & Jacqueline Kennedy was read in opposition. Mrs. Stutz, a neighbor presented a petition. Lillian Paris concerned about her water Charles Adamson questioned when the test holes were done. He also questioned the easement allowing people to use the lake from behind. Attorney Hoffman again spoke about a self-created hardship. There has been no practical difficulty shown. Mrs. Davies said that she felt the property in the area would increase in value with this plan. Public Hearing Closed. Warren County Planning Board approved. Mr. Kelley mentioned that this would be an improvement over what is presently there. The question before us is would this be detrimental to the ordinance. Motion by Mr. Kelley, seconded by Mr. Muller, it was RESOLVED THAT Variance No. 1017 be approved. In lieu of what is pre existing, this would be an improvement over what is there now. It is not materially detrimental and the docks are not an issue at this time. The practical difficulty is lot with three buildings and from testimony they can renovate two of three existing buildings but ilit is not feasible. t¡~ Page 4 Zoning Board Yes - Mr. Sicard, Mr. Muller and Mr. Kelley No - Mr. Behr, Mr. Griffin and Mrs. Goetz Variance denied. VARIANCE NO. 1018 - Present Company-Upper Glen Street Alan Cobb, represented Landmark Signs. He stated that basically this is a problem after the fact. He explained the problem with the sign and the possible misinformation from the building depart- ment. He proposed that the variance be granted until the point where all the other signs in the town are in compliance. In the meantime if they have a store it would comply with, they would remove it. Mr. Griffin asked if this was one of their larger signs and he said it was. Public Hearing opened and closed. Warren County Planning Board approved. Motion by Mr. Behr, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Variance No. 1018 be approved due to the unfortunate circumstances beyond the control of all parties, a temporary variance is granted to last no longer than the August, 1986 compliance date with the understanding that should there be a use found prior to that time a sign that conforms to the code would be installed. Approved. VARIANCE NO. 1019 - Robert Buruchian - to construct garage/storage area addition to north side of building at less than required setback. Public Hearing opened Sally Chenier - concerned about traffic in and out. Public Hearing closed. Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 1019 be approved. They have shown practical difficulty in the sloping mountainous area which pro- hibits construction anywhere else. This have a condition that it be on the north end. Approved. Page 5 Zoning Board D.,¢ 4/10' 1-1 VARIANCE NO. 1020 - Joan M. Kubricky - to create 2 lots of 12 acres and 16 acres for residential use by family members. Lots will not meet 42 acre required lot size in Land Conservation 42 Acre Zone. Andrew McCormack represented the Kubricky family. General question by all members was is this in the APA? Mr. Dean answered that it was. Mr. Griffin asked if the APA has to review and Mr. Dean said they did. Public Hearing opened and closed. Warren C~ty Planning Board Motion by Mr. Behr, seconded affirmatively, it was approved. by Mr. Muller, all voting RESOLVED THAT Variance No. l020 be approved. Having observed and found the land cannot be used as zoned but can be used as planned and would not be detrimental to the area. This would probably be an improvement to the area. The breaking this up into two parcels would be subject to APA approval. The practical difficulty is the location of the property. Adjacent properties all are about I acre. Approved. VARIANCE NO. 1021 - Harry E. Blackmon - construct garage at 15 ft. setbac k from rear lot line in lieu of required 20 ft. in Lakeshore Residential I Acre Zone. Assembly Point. Mr. Blackmon represented himself. He said this is the best spot for this because it won't show. Public Hearing Opened and closed. Warren County Planning Board approved. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 1021 be approved. The practical difficulty is that he has to remove trees and to move it out further would destroy the view of neighbors. This is a reasonable request. Approved. 11 VARIANCE NO. 1022 - Marcel J. Demers - to construct automobile service and repair building with 15 ft. side setback in lieu of required 30 ft. Plaze Commercial Zone. Mr. Sicard asked if there were any changes from the last time he was before the Board. Mr. Demers said yes, it is smaller. Public hearing opened and closed. Warren County Planning Board approved. Mr. Muller noted that the practical difficulty is the triangular shape of the lot for a rectantular building. Motion by Mr. Muller, seconded by Mr. Kelley, all voting affirmatively, it was RESOLVED THAT Variance No. 1022 be approved. The practical difficulty is the t~iangular shape of the property for the building planned and this is less than what was approved previously. Motion by Mr. Behr, seconded by Mr. Muller all voting affirmatively, it was RESOLVED THAT THE MEETING ADJOURN..... ~~ ~hairman ~