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1986-12-17 ~' '-' QUEENSBURY ZONING BOARD OF APPEALS Regular Meeting held: Wednesday, December 17, 1986 Present: Theodore Turner, Chairman Jeffrey L. Kelley Daniel S. Griffin Gustave Behr Susan Goetz, Secretary Charlie O. Sicard Michael Muller Stuart F. Mesinger, Senior Town Planner The meeting was called to order at 7:30 p.m. Chairman, Turner announced that Area Variance No. 11 n had been tabled at the applicants request. Corrections to the November 19, 1986 minutes were made as follows: Page 11 paragraph 2 - Mr. Griffin read the letter, not Mrs. Goetz. Page 6-7 Variance No. 1182 - Mr. Turner abstaineci due to a conflict of interest. The final vote was 6 yes, 1 abstention (Turner). Page 3 Interpretation No. 35 - Name is Demars. Page 6 Page 10 spelling should be Rose Guerra Mrs. DeSantis spoke, not Mister. (' Page 10 spelling should be Campriello. Mr. Behr MOVED APPROVAL of the November 19, 1986 minutes as corrected. Mrs. Goetz seconded. Passed Un;:tnimously. Corrections to the November 24, 1986 minutes were made as follows: Page 5 Third paragraph - change "Mr. Behr said than" to "Mr. Behr said that." Mr. Sicard MOVED APPROVAL of the November 24, 1986 minutes as corrected. Mr. Griffin seconded. Passed Un;:tnimously. The Board briefly discussed with Mr. O'Connor whether Area Variance 1203 should be referred to the Planning Board for density review. Mr. O'Connor asked that the Board hear the application on its merits. The Board agreed to take it up at its place on the agenda. ~ 1 ~~C} \.....v NEW BUSINESS INTERPRETATION NO. 36 Mrs. Goetz read a letter from Wayne Gannett of Rist Frost Associates asking whether a truck repair terminal is a permitted use in the Light Industrial zone. There being nobody present to represent the application, Mr. Griffin MOVED that Interpretation No. 36 be TABLED. Mr. Muller seconded. Passed Un:ln;nlOusly. USE VARIANCE NO. 1169 Quaker Village Development Corporation Mr. Turner explained that the Board voted at its last meeting to rehear this application after staff research indicated that time limits on use variances were valid. The concern is that this not become a permanent manufacturing operation in the commercial zone. LatTy Zeminick of the Quaker Village Office Park said that it was also designed to put the tenant in building 3 instead of building Z. Mr. Mesinger said the rehearing had been advertised for building 3. The square footage used would remain the same. Public Hearing Opened: no comment Public Hearing Closed. Mr. Griffin MOVED APPROVAL of Use Variance No. 1169. The applicant demonstrated a hardship due to the lack of a tenant for this size building. There will be no adverse effect on the neighborhood. This business will be restricted to 6,000 square feet in Building No. 3 and no expansion to the other areas in that complex. A Z year time limit is attached to be reviewed at the end of this period. Mr. Kelley seconded. Passed Unanimously. USE VARIANCE NO. 1184 Edward Devitt Mrs. Goetz read the application from Edward Devitt to place a 60 unit motel at the intersection of Corinth Road and the Northway in the Light Industrial zone. ~ Z ~3D "-.../ Attorney Bob Nolan explained that 2 parcels were involved. He owned one, the Goldsmiths the other. Both lots are 80 feet wide and in excess of 730 feet long. Both have 7 5+ year old nonconforming residences. The property across the street and west along Corinth is zoned commercial. Mr. Nolan believed that both sides of the street should be zoned commercial. The Goldsmiths have tried to sell their property periodically since 1972 without success. The problem is the location next to the Northway and the proximity to McDonalds restaurant. The property is undesirable for residential use. Light Industries also would not be interested because of the heavy traffic at the intersection and the unique size and shape of the lots. They are too small for industrial use. Mr. Nolan argued that the zoning was not compatible with sWTounding uses. Mike McGrath of Hoffman Engineers discussed the site plan. The Planning Board had approved this the previous evening subject to Beautification Committee re quire m en ts. The Board discussed traffic patterns. Mr. Sicard pointed out that this was a badly congested intersection. Mr. Devitt argued that the motel would be a minimal traffic generator as most guests enter and leave only once or twice. Mr. Nolan added that the D.O. T. had issued a curb cut permit and felt that this was a less intensive use than many potential industrial uses. Mr. Nolan said he had advertised his property for sale approximately 2 dozen times over the past 3-4 years but the Devitt proposal was the only firm offer. He again argued that the proximity to the Northway made the property undesirable for most uses. He was cWTently realizing a modest rental return. Public Hearing Opened: Bill Bodenweiser, Queensbury, said that as a motel owner he believed that facilities such as this were needed. The building plans looked good and rates were competitive. A motel would cause little additional congestion because it is not a high turnover business. Mr. Sicard noted that another fast food restaurant was planned for this intersection; traffic would get worse. Mr. Bodenweiser agreed but said that people are moving to the area and will have to have services. Problems will occur, but progress is important. Public Hearing Closed. The Wan-en County Planning Board approved with the stipulation that the applicants meet with the Beautification Committee. Mr. Mesinger said the Planning Board approved the site plan with the same stipulation. Mr. Muller MOVED APPROVAL of Use Variance No. 1184 as the applicant demonstrates a hardship (unique piece of property and there is Highway Commercial zoning and use on the opposite side of the street). The property has 2 residences. ~ 3 ~3( It is unattractive for light industrial use due to the shape of the lot. The use is less V burdensome as to traffic than the other permitted light industrial uses. Approval is subject to the Beautification Committees recommendations. Mr. Kelley seconded. Passed Unanimously. USE VARIANCE NO. 1187 L.E.D. F.O.O.T. Express Mrs. Goetz read the application to expand a shipping and delivery business on Luzerne Road in the LI zone. Mr. Slack, owner, explained that people will bring in packages which will then be trans felTed to other shippers such as Federal Express. Mr. Mesinger said he was unsure whether this required a variance. After some discussion Board members agreed that it did not; distribution was an allowed use in the LI zone. Mr. Sicard MOVED that no variance was needed. This proposal meets zoning cri teria. Mr. Griffin seconded. Passed Unanimously. USE VARIANCE NO. 1189 Federal Express Corporation Mrs. Goetz read the application from the Federal Express Corporation to place a drive through kiosk in the parking lot of the Northgate Shopping Center in the PC zone. Mr. Mesinger said that the list of permitted uses in the PC zone was restrictive and although similar to many, this was not among the permitted uses. Kathy Tsitsos explained the proposal for a small drive through kiosk where people could drop off packages. The building would occupy 10 parking spaces. No landscaping was planned due to its small size. There would be 1 employee. The building would be removed if the company goes out of business. Mr. Behr questioned whether the reasonable return criteria could be met since additional stores could be built in the parking lot. Mr. Mesinger said that additional buildings would have to meet permeability and parking requirements. This was a somewhat unique situation. The center had \...,.., 4 ;(3~ v more than adequate parking; spaces would still be over code if this use was allowed. Public Hearing Opened: Robert Slack, Queensbury, said there \Vas a need for a Federal Express office in this area. They are a clean neat operation. Mr. Kelley asked how many packages this would hold. Mr. Slack said it would replace drop boxes and was of adequate size to handle current volumes. Public Hearin~ Closed. The Beautification Committee reported that there were no plans. The WalTen County Planning Board approved without comment. Mr. Kelley MOVED APPROVAL of Use Variance No. 1189. The use falls into the category of Plaza Commercial lA zone and its permitted uses. It just isn't listed as a specific use. This use would not be detrimental to the ordinance. For the size (20 ft. by 30 ft.) of the property to be used there would be no reasonable return in the Plaza Commercial zone. Hardship to the applicant is as follows: It is unlikely that property small enough for this use could be found. Second by Mr. Turner Passed 6 yes, 1 abstention (Sicard) SIGN VARIANCE NO. 119Z Federal Express Corporation Mrs. Goetz read the application to place 4 wall signs on the above approved kiosk in lieu of the 1 allowed. Mr. Behr pointed out that a 5th sign was shown on the satellite dish receiver on the kiosk roof. Kathy Tsitos said her concern was that customers be able to see the building. She was worried about safety and the small size of the building. Board members said that only 1 sign was allowed in this district and no real hardship was shown. The Board discussed the possibility of allowing a larger roof sign on a projecting sign instead of a wall sign. Ms. Tsitos asked that the application be tabled so she could consult with her corporate offices. Mr. Turner MOVED that Sign Variance No. 1192 be TABLED at the request of the applicant. ~ 5 ;l33 \.-. Mr. Sicard seconded. Passed Un=-nilnously. AREA VARIANCE NO 1190 Northern Homes Mrs. Goetz read the application from Northern Homes to construct an addition to an existing building at a 30 foot setback in lieu of the required 50 feet in the HC zone. Gary Linindoll said that 30 feet would be the mInImum setback; other parts of the structures would be as far as 36 feet away. He submitted a statement from architect E. Choppa indicating that this was the most practical solution for a building addition. A statement from 5 sWTounding neighbors was also submitted indicating they had no objection to the proposal. Public Hearing Opened: Bill Bodenweiser, Queensbury, said that the company has greatly improved the property. The existing buildings in the rear should be removed. The proposal will enhance the property and should be approved. Public Hearing Closed. The WéUTen County Planning Board approved without comment. Mrs. Goetz read a letter from N. Harwood Beatty in support of the proposal. Mrs. Goetz read a letter from the Planning Board Chairman, Dick Roberts indicating there did not appear to be any problem from a site perspective. Mr. Griffin MOVED APPROVAL of Area Variance 1190. The applicants has demonstrated practical difficulty which is that the proposed building has almost the same setback as the prior building. There is no adverse effect on the neighborhood character or public facilities. It will enhance the appearance of the building. Mr. Sicard seconded. Passed 6 yes, 1 abstention (Kelley) USE VARIANCE NO. 1193 Edward and Norma Baertschi Mrs. Goetz read the application to open a retail sporting goods store in a former residence on Route 9 in the Recreation Commercial zone. Ed Baertschi said the plan was to move an existing retaining wall back to create '-' 6 ;)3l(- \-. a parking lot. Enough spaces would be provided to meet code. The Beautification Committee approved. He would sell camping and sporting goods. The property was not feasible for a residence because of the noise and traffic generated by the surrounding amusement park. Public Hearing Opened: Wayne Judge representing The Great Escape and Adirondack Attractions Company said there was no demonstration of hardship or practical difficulty. The applicant has simply requested permission for a different use. The applicants property has been used as a residence and office for a print shop by his own admission. No proof has been submitted that he cannot realize a reasonable return if used as zoned. Small attractions near the amusement park are not an aesthetic credit to the area. There would be signs, tents and canoes out front; it won't look good. There will be traffic problems getting in and out. The Red Coach is across the street, but it gets traffic in the evening while the park closes at 5 p.m. Traffic here would be a problem. Although there is room for enough parking spaces, what would it look like? There are many negatives, the only positive is the applicants desire to change the property. Public Hearing Closed. Mr. Baertschi said that the parking lot would be in crushed stone to minimize drainage and aesthetic concerns. His hardship is that renting this property for a private dwelling is difficult. He has had a high renter turnover and numerous noise complaints. The property is too small for use as an office. They won't be selling tents or boats. The Beautification Committee approved the plans. The print shop has been there since 1960 without creating a traffic hazard. The Red Coach also serves lunch and is open in the afternoon. There are large billboards on the south property line; the lot is 105 feet by 150 feet. They have been approached to sell the property but do not feel that the offers have been reasonable. The property was for sale unsuccessfully 5 to 6 years ago. Mr. Judge said that if the issue is salability Mr. Baertschi should reveal his price. Mr. Kelley said there are many permitted uses in this zone and asked whether he had attempted sale for any of them. Mr. Baertschi said the property had been a retail use since 1960. He did not feel he could get enough money out of the sale of the property to adequately replace the present print shop and residence for his son. The WalTen County Planning Board approved with the provIsIon that there be only one curb cut and the existing retaining wall be moved back to provide parking. Mr. Sicard MOVED APPROVAL of Use Variance 1193. Hardship has been demonstrated - to rent or sell as a home is impossible. The property is too small to create an expansion for any business as pertaining to a reasonable return. The surrounding noise is an extraordinary circumstance pertaining to this lot. A variance is necessary to preserve the applicant's property rights. There is retail use on the property now. The variance is not detrimental to the ordinance or sUlTounding area. L 7 ;{35 This approval is conditioned upon the Beautification Committee recommendations '- being followed. Mr. Muller seconded. Passed UnRniwnously. AREA VARIANCE NO. 1196 Fred and Jane Alexy Mrs. Goetz read the application to create a nonconforming (undersized) lot on the Cleverdale Road in the Lakeshore Residential IA zone. Fred Alexy explained that the variance was requested to even out property lines caused by the sale of a home for estate settlement purposes. This would allow the Alexys to own a continuous strip of property on the east shore of Cleverdale point. A deed restriction would prohibit building on this lot. An easement to allow maintenance of an existing septic system would be given to the new owners on the west shore. Mr. Alexy submitted a copy of the deed restrictions. Mr. Alexy noted that these restrictions were a conditions of sale. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz read a letter from Fred Coe, Raleigh, N.C., in support of the application. The Warren County Planning Board approved with the condition that deed restrictions should prohibit building on the lot and that it should not be used for access to the lake by anybody other that the owners. Mr. Muller MOVED APPROVAL of Area Variance 1196. The applicant demonstrated practical difficulty and met the tests which are as follows. There is no adverse effect on the neighborhood. character; no adverse effect on public facilities. There aren't any feasible alternative that would be adequate. The applicant demonstrated specific terms of Easement Agreement. No building of any kind will be built on this lot. This enhances the surrounding lots. Second by Mr. Behr. Passed Unanimously. USE VARIANCE NO. 1197 Bradmark Broadcasting Company Mrs. Goetz read the application to place a 180 foot tall radio antenna on land south of the Big Boom Road. \.......- 8 ;(3~ \....., Attorney Mark Schackner explained that the applicant had an AM license but no tower. Two previous variance requests were denied. The applicant looked hard to find an isolated site such as this. The site was wet and had been for sale without success for 10 years. The tower would be thin, gray and non polluting. Large billboards already existed on the site. Mr. Shackner submitted a letter from Carl DeSantis indicating the land had been for sale for 10 years with no offers. Mr. Shackner submitted a letter from licensed real estate broker Dennis Galloway indicating that the proposal would not effect the value or aesthetics of the property. Mr. Shackner emphasized that the hardship criteria had been met. Public Hearin~ Opened: no comment Public Hearing Closed. Mr. Behr MOVED APPROVAL of Use Variance 1197 inasmuch as the property to be used hasn't been able to be used as zoned. Hardship has been proven because of its isolation; it won't be detrimental to anything in the area. No approved radio tower locations exist, this will be a suitable use for the property. Second by Mr. Griffin. Passed Unanimously. AREA VARIANCE NO. 1198 Elizabeth Russell Mrs. Goetz read the application to construct a residence on a Z acre parcel in the SR 30 zone off of Birdsall Road which does not front on a Town Road. Attorney Mark Shackner represented the applicant. The Board discussed the location of the Right of Way and indicated that a Right of Way Easement would have to be part of the deed. Public Hearing Opened: Harley Dewey said he was opposed to building on the lot because its not on a public road. Mr. Behr asked why, since Mr. Dewey lived on the same road. Mr. Dewey said he was still opposed. Anthony Orsini said the road isn't taken care of. He has to fill the holes in it. Someone should care for it. ~ 9 d-37 '-" Mr. Behr asked if he lived on the road. Mr. Orsini said he did, but predated the ordinance. Mr. Behr said the situation was identical to his. Why the objection? Mr. Orsini said he had a right to object. He is the only person who takes care of the road. Mr. Kelley suggested that perhaps the applicant might be willing to help with road maintenance. Bill Phalen said he was opposed and asked if beach rights went with the property. Mr. Turner said that had nothing to do with the variance request. Rita Dewey said she wanted it stressed that no one should be allowed to build on the beach. Mr. Muller explained that this was covered by deed rights to the property. Mrs. Dewey said that the residents had rights too. Mr. Muller said this was not the issue before the Board. Public Hearing Closed. The WalTen County Planning Board approved without comment. Mr. Kelley MOVED APPROVAL of Area Variance No. 1198. The applicant has demonstrated practical difficulty by having property that doesn't front on a public road. A deeded right of way exists to use the private road to the public road. The variance would not be detrimental to the ordinance. Second by Mr. Sicard. Passed Un::ani'lllOusly. AREA VARIANCE NO. 1199 Edwin Winchipp Mrs. Goetz read the application to construct a storage addition at less than the required side and rear setbacks on commercial property on Sweet Road in the HC-lS zone. Mr. Winchipp explained that his business had been there since 1964. Room for additional storage was needed. Side setbacks would be 7 and 10 feet, exactly the same as the existing building. The requirement is 20 feet. The rear setback would be 6 feet. The requirement is 20 feet. The septic system would be unaffected. Public Hearing Opened: ~ 10 ~)~ V Jim Showba said he owned adjacent property. Mr. Winchipp has run a fine business and he was glad it was expanding. The expansion will block his view of several mobile homes which are an eyesore. Public Hearing Closed. The Queensbury Beautification Committee disapproved as no plans were submitted. Mr. Eddy subsequently received a planting plan. The Warren County Planning Board disapproved without comment. Mr. Mesinger noted nobody was there to represent the application. Mr. Sicard MOVED APPROVAL of Area Variance 1199 as the business predated zoning. There would be no adverse effect on public facilities. There are no other feasible alternatives. Second by Mr. Turner. Passed Unanimously. AREA VARIANCE NO. lZOJ... J Q -J1-B ÚJ Evergreen Professional ParkjSDC Associates Mrs. Goetz read the application to sell one-half of an office building with a 0 foot side setback at the Evergreen Professional Park on Dixon Road. Attorney Dennis Phillips explained that a use variance had been granted for an office park here. One building was constructed. It was desired to sell half of the second building to the Adirondack Mountain Club for office space. The club was seen as a desirable tenant. Adequate parking existed. The parking lot would not be used as a staging area for trips. The developers would have right of first refusal if the club decided to sell the building. The variance was required because there would be no setback between the 2 building halves. Public Hearing Opened: John Schutz, part owner, spoke in favor of the application. The ADK was a desirable tenant. A fire wall would separate the two buildings. No plans existed to sell part of the 3rd building at the present time. The club employs less than 12 people. Parking is adequate. Public Hearing Closed. The Warren County Planning Board approved without comment. Mr. Griffin MOVED that Area Variance 1202 be APPROVED. Practical difficulty has been demonstrated - 0 ft. setback, common property line and dual ownership. Second by Mrs. Goetz. ~ 11 ~3~ "'-' Passed Unanimously. AREA VARIANCE NO. lZ03 Lake Sunnyside Estates Attorney Mike O'Connor requested that the Board grant a variance for lots I,Z,3,14,15, and 16 in the Lake Sunnyside subdivision. This is a subdivision approved in 1974 - each lot in question is under the current zoning requirement of 30,000 square feet. The Zoning Ordinance states that preexisting subdivisions which do not meet density requirements were grandfathered for 3 years from the 1982 adoption date. After that time the Planning Board is to review subdivision for overall density. Mr. O'Connor owned 9 contiguous lots which he wished to sell. He planned to consolidate 3 lots into 2 and asked the Board for a variance from lot size requirements for the remaining 6. The Board discussed at length the ordinance requirement for density review. It was finally agreed that the ordinance did not specify when review should occur. Further, the ordinance did not address the question of whether variances should be given before or after density review. The Board determined that it was within its power to grant the variances if it so chose. Board members felt the situation wàs little different from the Ridge Knolls subdivision where variances are commonly given from the current 42 acre lot size requirement. Board members agreed that a practical difficulty existed as the lots predated the ordinance. Density would stay the same or be reduced. The actual amount of the variance was minimal. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz read a letter from James and Janet Barcus and Stephen R. Fink; opposed to the variance. The Warren County Planning Board approved without comment. Mr. Kelley MOVED APPROVAL of Area Variance 1203. Practical difficulty has been demonstrated in that there is only so much land left in the preexisting subdivision. The lots, as originally shown are not substantially different from what is required now. This is a minimum variance to alleviate practical difficulty - no increase in density. Second by Mr. Muller. Passed Unanimously. ~ The meeting was adjourned at 12:20 a.m. f2¡;~h,< a-1A¿,-'-<- Theodore Turner, Chairman 12 Minutes prepared by Stuart F. Mesinger Senior Planner