1985-10-16
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Regular meeting of the Queensbury Zoning Board of Appeals held
Wednesday October 16, 1985 at 7:30 P.M.
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Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Sicard, Mr. Muller,
Mr. Kelley and Chairman Turner
Absent:
None
The first item before the Board was the approval of the September
minutes.
A few minor corrections were made by the Secretary.
Motion by Mr. Kelley, seconded by Mr. Muller, all voting affirmatively,
RESOLVED THAT the minutes of the September, 1985 meeting subject to
correction.
Approved.
OLD BUSINESS:
INTERPRETATION NO. 30 - Guy Middleton, Seelye Road, Lake George
The secretary of the Board read a letter from the Town Attorney
regarding the interpretation.
Chairman asked Attorney Stewart if he had any comment regarding the
letter. Mr. Stewart said that no matter how you read the ordinance
no fence is allowed within the 75' setback and he agreed with Attorney
prime's conclusion.
Attorney O'Connor said that he agreed with half of what Mr. Prime
said in the letter.
Motion by Mr. Turner, seconded by Mr. Griffin, all voting affirmatively,
Interpretation No. 30 - Section 2.020 defines any moveable structure
in excess of 100' located within shorline setback of 75' a Variance
would be required and a application for this should be made as it
would fall under this section.
All voted yes.
VARIANCE NO. 1017 - John G. Norton - pilot Knob road - represented
by Attorney O'Connor.
Mr. O'Connor said that since the last meeting Attorney Hoffman and
I have corne to an agreement. We have drawn a stipulation and Mr.
Hoffman has made some minor changes to it. This stipulation will be
formally put on record in the Clerk's Office for future reference.
Attorney McPhillips, representing Mrs. Heidorf, said the agreement
is that at no point will Mrs. Heidorf or her heirs, be cut off.
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Attorney Hoffman added that the major objections that he had have
now been addressed and he said he would have no objections here tonight.
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After more discussion regarding the proposed stipulation and the
dock situation thé Public Hearing was opened.
Charlie Adamson questioned the number of boats there and the size
and construction of the dock.
Michael Hyde, Lake George Assoc. mentioned that he didn't see any
practical difficulty here and that the application should be denied.
Warren County Planning Board approved.
Public Hearing closed.
Motion by Mr. Kelley, seconded by Mr. Sicard, all voting affirmatively,
it was
RESOLVED THAT Variance No. 1017 is hereby approved. Based on what is
on the property now this will be an improvement. The written
stipulation submitted is part of this motion. The docks at this time
are not an issue. The practical difficulty is lot with three (3)
buildings two of which can be renovated from testimony presented but
would not be feasible. The stipulation sill be recorded in the
office of the Clerk and will be enforceable.
Approved.
VARIANCE NO. 1023 - Irving Esner - 5 Northup Drive - represented
himself. This is to construct a one-car addition to existing one-
car garage.
Mr. Kelley questioned the construction of the roof. Mr. Esner
explained the plans.
Mr. BEhr asked what the usual size of a two-car garage would be.
Mr. Kelley answered 22' x 24.
Public hearing opened and closed.
Motion by Mr. BEhr, seconded by Mr. Sicard, all voting affirmatively,
it was
RESOLVED THAT Variance 1023 be approved a practical difficulty has
been demonstrated in that they need the extra garage space. To
allow for adequate maintenance the request is reduced from 14' to
10' leaving the 5' set back.
Approved.
VARIANCE NO. 1024 - Frank and Isobel Munoff - to construct and
operate an Ice Cream Stand in Lakeshore Residential 1 Acre Zone on
the property situate north side Route 9L approximately 450 ft. east
'- of Cleverdale Road.
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Mr. Munoff was represented by Attorney George Zurlo.
Mr. Zurlo mentioned that there seems to be a number of commercial
uses in the area already. This property is immediately adjacent
to one of these commercial operations. A project such as this would
not adversely affect the neighborhood. These plans have been
approved by the Beautification Committee.
Mr. Behr showed concern regarding safety and traffic pattern.
Mr. Zurlo said the proposed structure would be wood frame and masonry.
Mr. Konchowkowski (not spelled correctly) showed the plans and
explained them.
Mr. Turner asked what the months of operation would be and he was
answered by Mr. K that it is seasonal with hours 11 a.m. to 10 p.m.
Mr. Munoff interjected that also weekends in the spring he planned to
be open.
Mr. Munoff was asked if he was going to live there why would he want
a commercial operation there. He answered that he is a school teacher
with summer months free and it is a way to earn money.
Public Hearing OPen.
Hal Haliday questioned the driveway entrance to the property and also
said he was opposed.
Mr. pencel was also opposed to more commercial operation in the area.
Jennifer Cline - opposed.
Charles Adamson mentioned the proposed possible sewer system and
possible problems.
Mrs. pencel - opposed.
Mr. Munoff added that even with the opposition he still thinks it
would be an addition to the area.
Public Hearing closed.
Letter read from Clair Frasier
Warren County Planning Board disapproved.
Motion by Mr. Kelley, seconded by Mr. Turner, it was
RESOLVED THAT Variance No. 1024 be denied as the request has not met the
stipulation for use variance. This is a self-imposed hardship. This
is a residential area and neighbors want to keep it as such. This
operation would create a traffic hazzard.
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(Yes vote means to deny Variance)
Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Sicard, Mr. Kelly and
Chairman Turner
No - None
Abstain - Mr. Muller
Variance Denied.
VARIANCE NO. 1025 - Linda Horaz - 269 Bay Road - Ms. Horaz represented
herself.
Chairman asked if she was the owner of the property. Ms. Horaz said
he had a lease with the option to buy.
Mr. Turner then asked if she would be living there and she said no.
Ms. Horaz said she has been looking for a place to do her catering
from. This will really be a preparation shop
Mrs. Goetz asked if this was just takeout. Ms. Horaz answered yes,
just off premises. 50% of what is done there will be off premises.
Pub1ic Hearing opened.
Mrs. Pierce 271 Bay Street was concerned about parking and the hours
of operation.
Ms. Horaz said the hours would be 11:30 a.m. until 6 p.m.
Mrs. Pierce questioned the parking and trash collection and also asked
about the hardship.
Mr. Turner said that this is a residential home in a commercizl zone,
this is the hardship.
Warren County Planning approved with condition parking only to the
rear and none on Bay Street.
Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively,
it was
RESOLVED THAT Variance No. 1025 be approved. It is an undersized lot
for what it is now zoned for. This Vairance will be for this business
only and parking in the rear.
Approved.
VARIANCE NO. 1026 - Scott Alan Yetter - To construct one-family
dwelling with less than the required setback from peroperty line in
single family residential 10 zone. Property east side of Linden Ave.
.~ Mr. Sicard asked why the house was already under construction. Mr.
Yetter said that Mr. Dean told him that with theminör changes that
had been made he might have to come again to the Board, so here I am.
Mrþ Yetter said he tried to buy other property but has been unable
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to do so.
After more discussion as to why the house has gotten to this stage it
was decided that the Variance request would be tabled.
Motion by Mr. Muller, seconded by Mr. Griffin, all voting affirmatively,
it was
RESOLVED THAT the Variance No. l026 be tabled to receive more information
from Building Department.
Tabled.
VARIANCE NO. 1027 - Harry Ruecker - to construct a one family
dwelling on a lot less than 1 acre on which the dwelling is proposed
at 50 ft. setback from shoreline in lieu of the 75 ft. Property
located at Gunn Lane on Lake George.
Represented by Joe Roulier.
Mr. Turner asked how long he owned the property and Mr. Roulier
said since about 1977 or 78.
Mr. Roulier said that the property size is about 2300 sq. ft. and
dosen't meet the one (1) acre requirements. The hardship is that
the property at one time had more than enough footage for single family
residences.
Mrs. Goetz asked if there was activity there now, there is a marina there.
How many docks are there.
Mr. Roulier said to the best of his knowledge there are three docks.
Mr. Griffin asked if there was a right of way there.
Mr. Roulier said yes, 18' next to Ruecker
Mr. Turner asked if they develop will they let the others have access and
Mr. Roulier said yes.
Public Hearing Opened.
Mr. Fogg - resident of the area was opposed.
Attorney Roland Faulkner also opposed.
Mr. Hagen spoke about the conditions in the area. He mentioned a
trailer being lived in.
Gary Hulett, Joan Robertson - opposed.
Attorney Robert Stewart represented Dr. William Wells and made a
request that this be denied and that this Board indicate to the enforce-
ment officer the problems there.
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Letter from Margaret Lawrence opposed to this request.
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Warren County Planning Board disapproved request.
Motion by Mr. Muller, seconded by Mr. Griffin it was
RESOLVED THAT the Variance No. 1027 be denied as the applicant has
failed to prove a practical difficulty.
(Yes vote to deny)
Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard,
Mr. Muller and Mr. Kelley.
No - None
Variance Denied.
VARIANCE NO. 1028 - So-Fro Fabrics - requesting colored signage
at Aviation t-1all.
Mrs. Goetz asked why the sign was already in place.
Representative from Signs of Progress explained that the store was
opening. The Corporation did not send white lettering, they sent
the yellow. Also mentioned that the store has no inside entrance
just the one involved with the sign.
Mr. Kelley asked if So-Fro were to take this sign down, would they
have another to replace it.
Mr. Urlich said no, the sign was made for this area.
Public Hearing opened and closed.
Warren County Planning Board disapproved.
Motion by Mr. Griffin, seconded by Mr. Behr,
RESOLVED THAT Variance No. 1028 be denied because the color of the
sign does not conform to the rest of the signage of the Aviation Mall.
(Yes to deny)
Yes - Mr. Griffin, Mr. Behr, Mrs. Goetz, Mr. Turner, Mr. Sicard,
Mr. Muller and Mr. Kelley.
Variance denied.
VARIANCE NO. 1029 - Jessie Falasco - to construct a single family
dwelling on parcel of property 2.29 acres in lieu of required 3 acres.
Mr. Sicard asked if he was purchasing the property and Mr. Early said
they were in the process of buying.
Mr. Griffin asked if there was any way he could get the required 3 acres
and he said no.
Public Hearing oDened and closed.
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Motion by Mr. Behr, seconded by Mrs. Goetz, all voting affirmatively,
it was
RESOLVED THAT Variance No. 1029 be approved. The practical difficulty
has been shown and no adverse affect on the neighborhood. The
practical difficulty is that she has been unable to obtain any
additional acreage.
Approved.
VARIANCE NO. 1030 - Cumberland Farms, Inc. - To place a 6 ft. by
4 ft. price sign on existing poles under Cumberland Sign.
No one present representing Cumberland Farms.
Motion by Mr. Muller, seconded by Mrs. Goetz, all voting affirmatively,
it was
RESOLVED THAT Variance No. 1030 be tabled and the application is to
be amended to reflect the size on the pole.
Variance Tabled one month.
VARIANCE NO. 1031 - Susan R. Howard - to construct building with 20 ft.
side yard setback in lieu of the required 50 ft.
Ms. Howard was present.
A Board member asked what kind of business she wanted to ooerate there
and she answered a Limo Service.
Mr. Turner asked if a residence would be upstairs and she said that
she plans to occupy the upper section.
Public Hearing opened and closed.
Warren County Planning Board approved.
Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively,
RESOLVED THAT Variance No. 1031 be approved, the practical difficulty
is the minimum relief for reasonable use of the property. Pre-
existing residence in Highway Commercial Zone is next door.
Approved.
VARIANCE NO. 1032 - LeRoy Clark - to construct two car detached garage
at less than the required 75 ft. setback from lakeshore and less than
30 ft. required setback from road.
Attorney Robert Stewart present. Mr. Stewart added that he did not
feel that a variance was required. This is a pre-existing non conforming
lot. The owner would have trouble meeting any requirements as it stands.
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Public Hearing Opened.
Attorney Austin Hoffman was also present to represent Mr. & Mrs.
John Sheehan who were opposed. This property is right across the
street and a garage erected there would block the view of Sandy Bay.
The question of possibly locating the garage elsewhere on the lot
was discussed.
Mr. Muller added that a two (2) car garage in residential zone is a
permitted use.
Warren County Planning Board approved with the condition that there
be no living quarters in the building.
Public Hearing closed.
Motion by Mr. Muller, seconded by Mr. Kelley, all voting affirmatively,
RESOLVED THAT Variance No. 103¡ be approved - practical difficulty
shown as pre-existing, nonconforming lot. They can't meet the
setbacks from lake or road due to nonconforming size of the lot.
There is to be no living space in the garage and all other conditions
imposed by Warren County Planning Board are included.
Approved.
Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively,
RESOLVED THAT the meeting A D J 0 URN....
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