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1986-06-18 II "L. CORRECTED COPY G Meeting of the Queensbury Zoning Board of Appeals held June 18,19867:30 p.m. 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 May, 1986 minutes. Motion by Mr. Behr, seconded by Mr. Turner, all voting afêirmati vely, it was 11.1i]9I)TJVY)T) rrT{~rr the minutes of the May, 1986 meeting are hereby approved subject as corrected. OLD BTJSI~ESS V~RI~rifCE "f0. 1078, I.r{ayne Pelak, Imperial i\10tel. "-' Represented by Attorney ,Jim Davies and the o\iĊ¸ner, 'iVayae Pelak. ~ttorney Davies stated that a new plot plan has been submi tteri to th,~ oo;.:¡,ril ~3hoW'L'1.g thE~ ex:A.(~ Ij locA.tion of the proposed swimming pool, also showing the location of the dry \,,¡ell s, the aelrr blA.c k top <9. r i ve\,¡ay, storage shed and the deck of the pool. Mr. Behr questioned the distance from the units to the pool. 1\IIr. 'Pelak stated. that (iistance was approximately 30 feet. 'Public Hearing Opened. ~ttorney Michael O'Connor representing Mrs. Liapes who lives next to the motel. Mrs. tiA.pes still opposes this plan. ~ttorney O'Connor stated he still does not see where Mr. Pelak hA.S proven hardship. ~o practical difficulty exists other than 'rrhat '1r. Pelak has created himself. ~ttorney Davis stated that a swimming pool is an accessory use in TR.-5. The Beautification CorarrÜttee has hee'1. consulted in this matter since the last meeting. \_/ The letter from the Beautification Committee that met ,June 9th 1Ñas read ~ "')ue to the narrowness of this property the applicant has a problem of placing his proposed pool. The print he has prepare'l shows the 01 <i 10c8.tion where the pool could possibly be placed. ~long the easterly boundary of the property there is several trees and shrubs which seeì11 to effectively screen the property from the home next door. Beyond that house and just about opposite where the proposed pool house is to be placed there is an opening on the property line. ~pplicant has agreed to plant honeysuckle bushes to fill that gap. The shed will also be blocked from view. Outside the pool fence on the south and east ever gree ns are to be planted intermingled wi th annual s to provide color. I'1.cidently on the north side of the new addition honeysuckle bushes will be planted to fill in a gap." Motion by WIre Kelley, secon(ied by ~J[r. ""'fuller, two negative votes, Mr. Behr and Mrs. Goetz, it was RESOLVED THAT Variance No. 1078 be approved. We're approving because 6e have already granted an increased commercial use there. No reasonable return as zoned as pertaining to the UR-5 portion. The h~rdship has been brought on by spli t zoning. They arbitrarily put zone line across property. It is not detrimental to the purpose of the ordinance. 1.'he hours of pool operation \rrill be daylight ~ hours and the Beautification Committee recommendations will apply. A.pproved. VA.~I~~CE ~o. 1079, ~ichael Williams, 6 ~pplehouse Lane. Represented by the owner, Mr. Michael Williams. Mr. Turner stated that this was an excessively large garage for this piece of property. 1VIr. Williams stated that it is a kit. The kit is for a 24' x 24' garage. lVIr. \,>Till iams st ated that he ne edecl a garage tai s 1 arge because there is no storage in the house and that is what he is going to use a large portion of the garage for. 1.'he garage that is now located 11nder the house will be tl1rtled into a den. ~ I:J 2 Mr. Behr asked if the garage could be attached to the house. Mr. Williams stated that it would interfere with the deck that is already there. '-..,. T-.1:rs. Goetz asked about plltting the garage in the back 0 r: the yard which is very large. Mr. Williams stated that he would rather have the garage attached to the house an(} thB.t the back is not a good place because of the water rl1'1.O ff froln the mountain in the spring. The garage would have a river running through it at those times. ~.,yt'. Williams stated that he could possibly have someone construct a garage for him but that the cost would be -prohi bi ti ve to hi m. He pr efer s to use a Ì{ it because of the lesser cost. Public Hearing Opened. Mr. Charlie _' neighbor, stated he is not opposed to a variance of three to four feet. Warren County Planning Board approved a 25 x 25' garage. Public Hearing Closed. ~, Motion by ~-.1:r. Griffin, seconded by ì-.1:r. Sicard, all voting affirmatively, it was ~~SOLV~D THAT Variance No. 1079 be approved. The approval is based on the fact that applicant demonstrated practical difficulty. ~pproval is for a 22' wide garage which will be approximately 3.2' from the 10' sideline requirement. 8ideline setback will be 6.7'. ~pproved. V~BI~NCE NO. 1080, Thomas and Ginger Springer, West Side Bay Road. ~uòlic ~earing Opened. This variance was tabled last month to get Town counsel opinion. Case Prime's letter was read. "'-' liAs directed by your letter of TJIay 21, 1986, I have reviewed the above application for a variance and the Zoning Board's request for an opinion if the proposed dance school, as 11'1 3 described in the application, would be a permitted use under Type II Site Plan Review of our Ordinance. ~ The property in question is apparently locate(i on the west side of Bay Road, approximately 1,500 feet south of Walker Lane and in a UR-5 Zone. The only permitted use in a UR-5 Zone is duplex housing. ~ccordinly, the zone is basically residential. Certain incidental uses are permitted under Type II Site Plan Review, which are listed in the Zoning Ordinance, but I do not find that any of the uses listed are appropriate to this application. The dance studio, as described, is basically commercial, even thou.gh it is characterized as "professional". The fac t that there may be 0 ther cornmercial uses in the area,which for the most part predate the Zoning Ordinance, does not help the applicant in that regard and it is my opinion that the dance studio is commercial and can only be perrni ~ted. by variance." Public Hearing Closed. 1\~r. i~ Mrs. Springer had no comment. "-' 'Vlotion by WIr. Sicard, seconded by Mr. Behr to deny, all voting affirmatively, it was RESOLVED THAT Variance No. 1080 be denied. The letter from counsel is self-explanator-y. ~rle ['eel ~he appl icant C!'in locate in another area which can meet the criteria for this use. It doesn't meet the criteria of this variance. Denied. 1\TE'rl BUSI1\TlilSS Variance No. 1096 was moved to the head of the list by Mr. Turner. VA.B.I~NCE NO. 1096 -Paula 'Lutz/Tom Bridge, south side Lm~erne Road, 1 /2 mile east of 1Ñest Mountain Road -to construct addition to dwelling with less than the req11ireil side yard setback in Suburban Residential 20 Zone. Represented by Attorney Wayne Judge and the owners Paula Lutz and Tom Bridge. ',-" A.ttorney Judge stated that this addition was designed by an 1/5 4 ~ architect and laid out 15' from the sideline. ~t this time it was discovered that the line most commonly used was actually closer to the existing structure and plan structure than the not commonly used line. The shed on the property in Question has been in continuous use by the owners for the last 6 years. There is also a well on the property that makes it impossible to locate this addition at another location. Mr. Kelley asked if the lot next d.oor to the property was vacant to which Attorney Judge answered yes. It is a very heavily wooded lot and is not for sale at the present time. Public Rearing Opened and Closed with no public comment. Motion by Mr. Muller, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED TH~T Variance No. 1096 be approved. Because the applicant has shown practical difficulty. There adding to a preexisting structure and it would be unreasonable to ask them to move the structure. The sideline request is 6' 10" instead of the 10' requirement. This request is reasonable. t\pproved. ~ Vt\B.T~1'ifC'Ð NO.1 085 -8dward and "1ary Cardinale, 16 Old Forge Road - to place a swimming pool with 10' rear yard setback in lieu of the required 20' rear setback. Represented by the owners, Edward and Mary Cardinale. Mr. Turner asked what size the walkway around the pool woullì be to which Edward Cardinale ans'rrered. 4t'eet. Mrs. Goetz asked if more trees would have to be taken down to which Bdward Cardinale answered no. Mr. Griffin asked if the stockade fence was on the line in the rear. Mary Cardinale stated that it was very close to the line. ·~r. T{elley inquired about the septic system. Bdward Cardinale stated that they were on the city sewer system. Public Hearing Opened and Clo se<i ,rrith no p 11blic c Oìn¡l1e n t. ~ Motion by Mr. Griffin, seconded by Mr. Turner, all voting /11 5 affirmatively, it was ~ R~S0LVBD TH~T Variance No. 1085 be approved. Practical difficulty is the shallow lot. There is no other area to put the pool. Situation of the pool would give an 11 ft. setback from the back line. Approved. VARI~NCE NO. 1086 - Devinder Kapoor (Ponderosa Restaurant), east side Route 9, Miller Hill - to place an oversize free-stand i ng si gn in Hi ghway Commerc ial 15 Zone. Represented by the owner Devinder Kapoor. Mr. Behr stated that all signs must comply to the ordinance by !\ugust 1986. ~rs. Goetz stated that she thought that this proposal was totally out of line. Mrs. Goetz also stated that the Zayre sign across the street will be reassessed in ~ugust of '86. \- ~r. Kapoor stated that the sign he is proposing will be 50 ft. from the highway. The actual imbosslnent is only 12 x 2 and the sign will not flash. Mrs. Goetz stated that they have to consider the whole sign not just the imbossrnent. ~ctual sign will be 7'1" x 15' 7". Mr. Kapoor stated that this is the Internationally used ?onderosa sign. If sign is any other size it must be custom (rlarle. Public Hearing Opened and Closed with no public comment. Beautification Committee objects to sign. Warren County Planning Board at their June 11th meeting disapproved. 50 s~. ft. sign is appropriate for this location. Motion by Mrs. Goetz, seconded by WIr. S icardto deny, all voting affirmatively, it was RESOLVED TH~T Variance No. 1086 be denied. There is no prac tical di fficulty. There are feasible al ternati ves. The cl1.ange would be substantial relative to the ordinance. The request is more than double the requirement and there would ~ be an adverse affect on the neighborhood character. 1/7 6 II' 7 ~ Denied. ''-.../' VARIANCE NO. 1087 - John Cornell, off Hall Road and on Glen Lake - to replace an existing summer camp with year-round dwelling - new dwelling will have 45 ft. setback from lake shore in lieu of the required 50 ft. lake shore setback in a Single Family Residential 30 Zone. Represented by the owner, John Cornell. Mr. Cornell stated that if he places the new camp at 50 ft. his view of the lake will be obstructed by the neighbors. !VIr. Kelley askeci about the septic systern. stated that a new septic system was added the old camp. The existing septic system and the new camp will be placed there. "JIr. Cornell 10 year s ago to will be dug out Public Hearing Opened and Closed with no public comment. ~tlarren 80unty Planning Board approved. ~r. ~uller asked what the distance is between the existing carnp that vr111 remain and the rear portion of the proposed building. That distance will be 40 ft. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance i~o. 1037 be approved. The drastic improvement over what is there benefits the area. Approved. VARIANCE NO. 1088 -1VJ:eadowbrook I'Uni Storage, ìv'J:eadowb'roo1.c Road - to construct mini-warehouse storage in Highway Commercial 15 Zone. ~epresented by Attorney O'Hare. ·,1r. Behr asked about the access from ~v'J:eadowbrook Road. ~ttorney O'Hare stated it was for the driveway only. .--." ~ttorney O'-qare stated that the office structure which would be the closest to fronting on Meadowbrook would be 50 ft. from the right-of-way from ~1eadowbroo1.c ~oa(i. ~ ---... NIr. Behr asked what was adjacent to the property line. A.ttor'1.8Y O'Hare stated that on the Quaker road side there is vacant land owned by Mr. Robert Nolan. . '--.../ ~JIr. Behr asked what the operating hours would be. O'T{are stated the hours would be 9:00 a.m. to 6:00 There will be a locked gate closing off the entire after 6:00 p.m. Attorney p.m. area Mr. Turner asked what would be stored. Attorney O'Hare stated that the storage is intended for private individuals. It will be contained storage. The largest storage area will be 20' x 20'. The smallest storage area will be 5' x 5'. It is all intended to be personal, private storage. There will be no industrial or cornmercial storage. A.ttorney O'Hare also stated that all buildings will be one story. The 0 ~eice cannot be located any other place because of the cuI vert and the stream. Trying to keep the office as far alÑay from the residential property as they can. Public Hearing Opened. Mr. Mitic, the contractor, presented The Board with colored photos of the proposed structure. ~r. Bill Morton representing the Queensbury Citizens for Outdoor Recreation and Environment stated he is concerned about the fill for this area. Mr. Turner informed him that there is a permit from DEC. The culvert must be put into the stream. Mr. Morton stated that his organization has submitted a letter to DEC for a determination on whether or not this land is considered a wetland. Mr. Morton asked that this proposal be tabled until such time as they hear one way or another on this. Attorney O'Hare stated that the question was raised in December of 1985 and it was determined not to be a freshwater wetland and because there was a Class ~A. stream involved a permit from DEC is required which is attached to the materials submitted to the Board. Public Hearing Closed. The Queensbury Beautification Committee disapproves. Motion by Mr. Kelley, seconded by Mr. Griffin, all voting affirmatively, it was RESOLV8D TH~T Variance No. 1088 be approved. Approval is ~ '-- ~ 3 ---- 119 lJ.o 9 '- based on the unnecessary hardship. Ordinance does not spell out storage as such. This use seems to be less intense than what is allowed in Highway/Commercial. This use is not detrimental to the ordinance. The stipulation vdll be that they comply with the Beautification Committee recolnmeni.iations and this approval is subject to DEC or any other agency that has juri sdiction over th is property. /" Approved. V ARIAl'ifCE NO. 1089 - King Fuels, Inc., corner Quaker and Bay Roads - to place a storage building at rear of store with less than the requirei.l 50 ft. setback from a residential use in Highway Commercial 15 Zone. 'Represented by Attorney Ted J. Luce. i\ttor'1.8,y TJl1ce stated that the reason for the storage building r,¡as because of the bottle law. Public Hearing Opened and Closed with no public comment. 'ì 1,varren County Planning Boari.i modi fied. ~ppl icant agreed to (nove the building to a more suitable location. Move to the east end with a 17 ft. setbac~. Motion by Mr. Muller, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 1089 be approved with the condition that the building will be locatei.l \rrhere the 'lvarren County Planning Board suggested. Practical difficulty is that a 50' setback just doesn't exist. The proposed revised location is better than what we originally proposed. Approved. V A'RI~NC1iJ l\T0. 1090 -81 izabeth Kenny ,west side Ridge Road south Oneida Corners - to construct a dwelling with less than the 30 ft. front yard setback in Suburban Residential 30 00ne. Represented by ~ttorney Tarantino and the owner, Elizabeth T{enny. ~ Attorney Tarantino stated that when "1rs. Kenny had the property surveyed she discovered that the first 40' of her property is actually owned by the State of New York. 10 /')./ /" Mr. Behr stated that this proposal does not meet any of the criteria. rrhe only reasoneor placing this building where it is now is for personal likes. All the criteria can be rnet bec~use the property is very large. .,,--, P 11b 1 Lc ~{ear Lng 0 pened. ~r. Jerry Beckwith who lives two houses down from the proposed house is opposed to the plan. He would like to kno\Ñ why the garage cannot be put to the rear of the house rather than forward of the house. Public Hearing Closed. Warren Coun'ty Planning Board disapproves. !\pplicant could meet the appropriate setbacks with the amount of land that is available. Motion by Mr. Behr, secondeel by r'ir. Kelley to (leny, all voting affirmatively, it was RESOLVED THAT Variance No. 1090 be denied. There has been no hardship proven. It does notrneet any of the criteria that would need to be considered. Denied. V~RIANCE NO.1 091 - James L. Radliff, 39 Cottage Hill Road - to construct an attached garage with 5' 211 side yard setback in 1 ieu of the requi r eei 10' side setbac1.{ in Urban Residential 10 Zone. Represented by the owner, James Radliff. Mr. Behr asked where the front of the garage would be. Mr. Racllifr stateel that it would be in line with the front of the existing house. Public Hearing Opened and Closed with no public comment. Motion by Mr. Sicard, seconded by ~J[r. Griffin, all 1J0ting affirmatively, it was RESOLVED THAT Variance No. 1091 be approved. The practical difficul ty has been proven. The pree5CistiYlg, nonconforming lot size and the lot size leaves no other alternative. \..-, 11 /22- Approved. V~RIANCE NO. 1092 - Sieco Partnership, 40 Dix Avenue Ext. - "---'- to construct a warehouse and o~ ice on lot wi th 1 ess than the required one acre in Li ght Industrial 1 Acre Zone. Represented by Mr. Phillip Kopak. Mrs. Goetz asked what the actual business was. Mr. Xopak stated that they are a industrial power transmission supply company and that they have been in the Glens Palls area for the last 9 years. Mr. Sicard asked if there was any manufacturing done on the premises to which the answer was no. The hours of business being rrom 8:00 a.m. to 5:00 p.m. Public Hearing Opened and Closed with no public comment. Warren County Planning Board approves. Beautification COr11I11ittee disapproves. ..... Motion by Mr. Griffin, seconded by Mr. Muller, all voting affirmatively, it was RESOIJV1~D THNr Variance ¡'ifo. 1 092 be approved. The practical difficulty is the triangular shape of the lot slightly less than one acre. rehe proposed building meets all setbacks. Stipulation that they meet with the Queensbury Beautification Committee again to resolve. A.pproved. ìTA.B.I~"ifCB WO·. 1093 - qobert Burch, Burch Road - to place a mobile home on lot outside zone designated for single site mobile home placement in Suburban Residential 20 Zone. Represented by the owner, Robert Burch. Mrs. Goetz asked if the mobile home was already there. Mr. Burch stated yes but that it was not being lived in at this time. Mr. Turner asked if Mr. Burch planned on putting the home on a foundation. 1VIr. Burch replied that he did. \- Public Hearing Opened and Closed with no public comment. 1 2 /23 Motion by Mr. Behr, seconded by Mr. Turner, all voting afrirmatively, it was "--" RB8()TJVED TB:~T Variance No. 1093 be approved. It will not be detrimental to the area~ Will be in harmony with the surroutlci ing neighborhood. The whole area is mobile homes. Approved. VARI~1'ifCE 1'if0. 1094 - Ernest Horowitz, off Birdsall Road on ''ilea TJI1K:e - to construct a single-family dwelling on lot that does not front on a public road in Single Family Residential 30 Zone. Represented by the owner Ernest Horowitz and the architect A. 1 fr e(l 'P ar is. Mr. Sicard asked if the house were going to be 4 stories high. Ernest Horowi tz stateli that the house was two stories high. Public Hearing Opened. ~nn Carson, neighbor, stated that she would be most fielighted to have Dr. Horowitz as a neighbor. f1;.'trk 'taul, neighbor to the other side, wondered about the right-of-way to his property. He wants to make sure that it is kept open so he can reach his property. Dr. Horowitz stated that the right-of-way would be much enhanced over the one that is presently there. Mark's mother already presented Dr. Horowi tz with a letter saying she approves of this plan. Mark Maul stated that he approved of this new plan ror the right-of-way. 'Public Hearing Closed. Warren County Planning Board approved with conditions. Stipu.lation that the applicant mu.st meet wi th the Warren County Soil and Water Conservation District to develop a management plan to address soil erosion, precutting and cleari nt?; and bank stabl ization 'before, during and after construction. Dr. Horowitz stated that he had contacted Carolyn Stevenson of this organization and he was told that there was no problem. Dr. Horowitz told her that when construction \""..... \..- \ hA~ \...-- , 13 I 2. c.¡. starts he would again contact her an <1 that he\vol.:tld follov{ any recommendations that her organizatiol'l hall. Motion by 1VIrs. Goetz, seconde(i by WIre Behr, all voting affirmatively, it was RESOLVED rrH~T Variance !'ifo. 1094 be approved. Practical difficulty has been proven. There is no adverse affect on the neighborhood character. ~ll recomne ndations mentioned by the Warren County Planning Board will be i no orpo rateci 80S a stipulation. Approved. VARIANCE NO. 1095 - Michael J . Nichols, West ~JIountain R.oad - to operate a sporting goods catalog sales business from dwelling in Suburban Residential 1 Acre Zone. Represented by·Tames TJa\rrl i sswho is l'JIr . Nichol's partner. Mrs. Goetz asked if Mr. Nichol's was the gentleman who worked at R.ay Supply. The answer was yes. f1rs. Goetz asked what kind of business this is. Mr. Lawliss stated that it was a catalog business centered mostly on firearms and ammuni tion assoe iated \Ñith there competition shooting hobby. There will be no firearms or black powder stored on the property. There will be no need for addi tioVJ.al parking~ They do not expect more than 10 oustomers a month. This is to be a word of mouth business. 'Public Hearing Opened and Closed with no public comment. Warren County Planning Board approved. TJIotion by Mr. Muller, seconded by Mr. TUr ner to deny, all voting affirmatively, it was RESOLVED THAT Variance No. 1095 be denied. No hardship has been demonstrated. Denied. VARIANCE NO. 1097 - Henry C. Knoblauch & Sons, east side Connecticllt A.venue - to continue commercial use of property as business rental property in Urban Residential 5 Zone. Represented by Kim Knoblauch. 14 J2S '---' Mr. Behr asked if there would be any manufacturing or repairs done on the property. Kim Knoblauch aaswered no. Mrs. Knoblauch stated that she has two businesses that are interested in the property. One that makes fishnets and the other is a courier service (Ledfoot). There are several other small businesses in the area. ~r. Turner inquired what the distance was the building to the road. Mrs. Knoblauch distance to be approximately 25 to 30 ft. room for parki.ng. from the front of stated that There is enough Mr. Behr stated that the board should know exactly what kind of business is going to be there before they pass a variaace. 'P 11bl ic Hearing Opened. Dexter Campbell, neighbor adjacent to this property. (North side) Not against lite commercial use of this property but is against heavy use. \ Clayton Campbell, neighbor on the other side. Bedroom is 15 ft. from builcì.ing. Would like any business to at least keep it quiet at night. ~otion by Mr~ Turner, seconded by Mrs. Goetz to table, all voting affirmatively, it was B.BSOTJV1J]D reHA.T Variance No. 109'7 be tabled for further information. Tabled. VARIANCE NO. 1098 - Charles and Barbara Ingraham, west side Sunset Avenue - to place a mobile home on lot outside zone designated for single si te mobile home placement in Urban Residential 10 Zone. Represented by Barbara Ingraham. Mr. Behr asked if this mobile home would be tied into the business across the street in any way. Mrs. Ingraham stated that the business across the street belonged ·to her ~ husbands' uncle and would not be tied into the mobile home. 12 ÚJ 1 5 Mr. Turner asked what size the mobile home would be. Mrs. '~ Ingraham stated the dimensions would be 70 x 14. 1VIr. Kelley asked if they owned property on either side of this proposed mobile home. Mrs. Ingraham answered no. Mr~ Behr asked if there would be room for the leach field. The answer was yes. Mr. Kelley asked if the property on either side could be purchased. Mrs. Ingraham stated that they had checked with Mr. ~iapes and that he wanted $1 ,000 per lot but that now he has increased that amount to $2,000 per lot. This sum is prohibitive for the Ingrahams. ~ublic ~earing Opened. Mr. Frank Hermance, from the Ingrahams. this property would the board deny this he owns the property directl~ across He -feels that putting a mobile home on devaluate his property. He asked that proposal. Mrs. Ingraham stated that the mobile hor11e has a pi tched roof and will have a full foundation under it to make it look as much like a house as possible. ~ublic Hearing Closed. NIotion by!VJ:r: Muller, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 1098 be tabled for more i nfor mat ion. Tabled. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT the meeting adjourn, 11 :30 p.m. ............ ~n/.9~ ~