1986-03-19
'--
"-
'-'
"
7ð
Queensbury Zoning Board of ~ppeals held March 19, 1986
7 : 30 P. fL
Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr.
Sicard"Mr. Muller and Mr. Kelley.
~irst item on the agenda was the approval of the minutes of
the February meeting~ Since the minutes of the February
meeting were received late a motion was made to table until
nex:t month's meeting.
Motion by Mr. Turner, seconded by Mr. Sicard, all voting
affirmatively, it was
RESOLVB]Ð TH~T the minutes from the February meeting be
tabled until next inonth' s meeting.
Tabled
OTJD BUSIN'ESS:
VAB.I~NCE WO. 1050 - John DeTJ[arco, Rockhurst Road 200' north
of Seeley Road on Lake George.
Motion by Mr. Turner, seconded by Mrs. Goetz, all voting
affirmatively, it was
RESOTJVBrD THAT Variance ì\To. 1050 be tabled until the Town
~ttorney is contacted:
Taòled.
Motion was made by Mr. Turner to rehear Variance No. 1054,
seconded by Mr. Sicard, all voting affirmatively, it was
RESOLVED THAT Variance lifo. 1054 will be reheard at next
month's meeting.
Tabled.
V ~RIANCBJN'O. 1056 - Donald Rozelle, ,Jr., rJ[ason
Road/Cleverdale - to construct a one family dwelling with
40' setback from Lakeshore in lieu of the required 75'
lakeshore sethack in TJakeshore Residential 1 ~cre Zone.
Represented by the owner, Donald Rozelle ,Jr., along \vi th
Attorney O'Hara.
Mr. O'Hara presented pictures of the property showing views
from various distances from the lake.
'--
Public Hearing Opened.
Joan Roberts, who lives across the street, said she was not
opposed. She feels the home would conform to the rest of
the neighborhood.
Charlie ~damson, Æssembly Point, was not for or against the
proposal. He brought up the many problems on Lake George,
milfoil, sewage, acid rain, etc. He 'rranted to talk about 1
gallon flush toilets and that he felt every ne1.rr home on the
lake should be required to use them. Mr. Behr explained
that 8. ,1!3eL3ion. of that natu.re would have to be made by the
T01rrn Board along with the Building Department. Mr. ~damson
stated he kne\v the board could not make this decision but
that rather he wanted them to be aware that there was a
product available that would help the lake.
Mr. Jack Pyle spoke not necessarily objecting to the
proposed building but that he would like to see a 50'
setback rather than 40'. Long discussion followed on 40 vs.
50' setback.
'---'
Public Hearing Closed.
\,varren County Planning Board approved without addi tional
comment.
~ letter from the Adirondack Park Ægency was read. They
asked that the trees to the rear of the property be
retained.
1VJ:otion by r'[r. Griffin, seconded by lJ[r. Sicard, all voting
affirmatively, it was
RESOJ/\Ti't10 'CHA.T Variance No. 1056 be approved. The applicant
has demonstrated practical difficulty in that houses on both
sides are closer to the lake than he is. Positioning of the
house this way will keep the trees from having to be cut.
All healthy trees are to remain. ~ny adjustment in
positioning the house on the property will be worked out
between Mr. Pyle and Mr. Rozelle.
~pproved.
'--
2
79
3
JO
',---
VARIANCE NO.1 058 - Wolfram Schille, Cleverdale Road - to
replace dwelling on nonconforming lot with dwelling of less
total square footage but with less than the required 30'
total side setbacks in Lakeshore Residential 1 Acre Zone.
Represented by the owner, Mr. Schille.
This home is to be a one-family rental unit.
Mr. ~uller asked where the septic system is located. Mr.
Schille stated there are two septic systems and that the old
system will be reused for the new dwelling.
Public Hearing Opened.
~
Carl Kratz, who lives across the street, spoke opposed to
the proposal. ~r: ~ratz stated he saw no practical
difficulty, "1VJ:r. Schille only wants a bigger home". He
claims that Mr. Schille states the old home has 2834 sq. ft.
of living space when actually it is only 1800 sq. ft: and
the new one will be 2658 sq. ft. He also has concerns about
the septic system being destroyed during the construction.
Mr. Schille stated the sq. footage also included the
basement area. New home to be 3 stories including basement.
Long discussion followed on foundation sq. footage vs. sq.
ft. living space~ Mr. Turner pointed out that if Mr.
Schille cho se to build on the old found at ion he coul(l do so
with a building permit. He would not need a variance at
all. 1"~r: Kratz again brought up the sept ic system problem.
He stated there are large groups of people staying in this
house and he doubts the septic system can handle it. Mr.
Charlie ~damson stated there are tests that can be done to
detect a bad system~ (Red dye in particular) Vic Lefebvre
of the Building Department said that was true but that you
needed the property owner's permission to conduct such
tests~ Long discussion ensued on the septic system.
NIr ~ Behr stated the only thing the board can act on is the
Variance which was requested, the side setbacks, not any
other problems.
1'J[r~ 'B'red AlexJØ:,who lives down the road, spoke opposed to
the proposal.1 He is particularly concerned about the
parking. During the summer months the road is blocked most
of the time because of the numbers of people in this house.
Another woman in the audience also spoke concerned about the
parking problem. Mrs. Joan Roberts also spoke opposed for
the same reasons the others stated.
\..........-
J/
4
"-'
Mr. Don Morrisey, homeowner to the south, stated he hoped
the board would put stipulation in Variance that ~r.
Schille's guests would have to park on the property not in
the road. Mr. Sicard stated that the parking problem was a
civil matter and this board has no jurisdiction in the
matter: He suggesteli calling the police~ Mr. Muller
suggested the neighbors should go to the Town Board to try
to get no parking signs put up on that part of the road.
Letters from Richard Mead, Mrs. Ann Perry and Melvin and
Louise (did not get last name) were read, all opposed to the
proposal.
Public Hearing Closed.
Warren County Planning Board approved without additional
comment.
Motion by Mr. Muller to deny, seconded by J:~r. Behr, all
voting affirm~tively, it was
RESOLVED THAT Variance No. 1058 be denied as applicant has
failed to show no other feasible alternatives. ~ TIossible
feasible alternative would be to place the house on the lot
where it is now and accomplish what he wants to do.
'-
Denied.
V~RIANCE NO. 1 059 - Ho bert Schearer, 1 71 ~ viation Road - to
install an inground s'wimming pool with less than the
required setback from the rear property line and. with less
than 10' from the garage:
Represented by the owner, Mr. Schearer.
Mr: Behr asked why the pool was so large (16' x 32'). Mr.
Turner asked if there ìrroul d bean apron ar ound the pool. WIr.
Schearer stated he has no desire to build a smaller pool and
that there will be an apron all the way around it which
would put the fence on the property line. Mr. Schearer also
stated he has tryed to buy the piece of property in back of
his but that Mrs. Diedrich, the owner, does not wish to sell
at this time. ~rs~ Diedrich indicated to Mr. Schearer that
she does not oppose the pool. The property is overgr01rrn at
this time. Board has some concern about the 0 setback on
the rear side of property.
Public Hearing Opened and Closed.
',,----,
5
%2--
',----
~otion by Mr. Kelley, seconded by Mr. Sicard, all voting
affirmatively, it was
RESOLV8D THA.T Var~~/ ~059 be approved on the grounds
that the property~~~ars to be landlocked. The applicant
has shown the maximum relief he can.
A.pproved.
VA.RIANCF. No. 1060 -iVIarilynMatriccio, Hall Road/Glen Lake -
to divide a nonconforming parcel creating two nonconforming
lots (there is a seasonal (lwelling on. each lot) and replace
one of the seasonal dwellings with a year-round dwelling in
Single Family Residential 30 Zone.
Represented by the owner, Marilyn Matriccio.
Public Hearing Opened.
~'~r. McDonald, who owns the right of way in the back of the
property is not opposed to the proposal.
Public Hearing Closed:
~
Warren County Planning Board approved.
Motion by Mr. Sicard, seconded by Mr. Turner, it was
RESOLVED THAT Variance No. 1060 be approved. Variance
includes the division of the land. Building will have north
anti south setbacks of 6' instead of .' .
VOTE: Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner,
Mr~ Sicard, and Mr. Muller.
No - Mr~ Kelley
Variance No. 1061Y- Donald Kruger, west side ~1J:eadowbrook
Road, 600 ' north of Cronin Road - to construct a single
family dwelling on lot with less than 10,000 sq. ft. area in
Urban '1estd.eatlal 5 ~one~
Represented by the owner, Mr. Kruger.
Mr. Turner asked if a Site Plan had been OK'd. Mr~ Kruger
'. stated yes and there were no stipu.lations added to it.
',----
House to be 32' but is expandable to 53'. Septic system to
be placed in front yard~
t3
6
'---
?ublic Jearing Opened and Closed.
TJIot io n byivrr. (fuller , seconded by Mrs. Goetz, all voting
affirmatively, it was
RESOLVED THAT Var i anc e N 0 ~
practical difficulty. The
footage required by UR-5.
Queensbury Planning Board.
Approved.
1061 be approved because of its'
lot size is less than the square
Site Plan approved 3-18-86 by the
Motion by Mr. Turner, seconded by Mr. Kelley, all voting
affirmatively, it was
RESOLVED THAT the meeting adjourn~
\.....,.
"~
e£~
~{)~
J'I
'-
Corrections GO Zo!Üng Board of ~ppeals J'1eeting Held March 19
1986~
Page 3, last paragraph - fJIr. Fred Alexia - name should be spelle(l
4.1 ex:.y;
Page 5, paragraph 2 should read -
RESOLVED THAT Variance No. 1059 be approved on the
grounds that the property to the rear appears to be
landlocked~ The applicant has shown the maximum
relief he can~
Page 5, paragraph 11 should read -
RESOTJVED THAT Variance Tifo~ 1060 be approve(L Yarianc¡3 includes
the division of the land. Building will have north and south
setbacks of 6'.
\.......-
\.......-