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1987-04-22 SP ;)95 QUEENSBURY ZONING BOARD OF APPEALS "- Special Meeting Held: Wednesday, April 22, 1987 at 7:30 p.m. Present: Theodore Turner, Chairman Charles O. Sicard Gustave Behr, Acting Secretary Jeffrey L. Kelley Stuart F. Mesinger, Senior Town Planner R. Case Prime, Counsel Robert L. Eddy, Sign Enforcement Officer Absent: Daniel S. Griffin Susan Goetz Michael Muller The meeting was called to order at 7:30 p.m. NEW BUSINESS AREA VARIANCE NO. 1231 Helen Cutting Mr. Behr read the application to construct an addition to a residence on the North Sunnyside Road with less than required front and side setbacks. Dick Cutting submitted photos of a collapsed structure which he planned to replace with a 24 foot wide garage with a 16 foot lake setback and a 13 foot side setback in lieu of 50 feet and 30 feet combined side setbacks respectively. The addition will be in a straight line with the existing building. Practical difficulty is due to the size of the lot and the location of the existing structure. Mr. Behr asked about fire access problems. Mr. Cutting said he didn't anticipate any. Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board approved without comment. Mr. Kelley MOVED APPROVAL of Area Variance No. 1231. Practical difficulty is due to a preexisting substandard lot. The addition will improve the property and will replace 2 residences with 1, creating less density. This is the minimum relief necessary to alleviate practical difficulty and is consistent with the neighborhood. Second by Mr. Turner. 1 ;)C)Ç:; '.'- Passed Unanimously. USE VARIANCE NO. 1232 William Joslyn Mr. Behr read the application to operate a welding and fabrication facility on Corinth Road in the SR-30 zone. In response to questions from the Board, Mr; Joslyn said he had never tried to sell the property. He believed its location with the County sand pile nearby rendered it unsaleable. He proposed to use 6-7 acres of a 200 acre parcel. He would work on large trucks at times. There was a residence nearby. He hadn't attempted to locate a site in a commercial zone. He didn't believe it would adversely impact the neighborhood. Board members explained that without dollars and cents proof of the unsaleability of the land, a variance couldn't be granted. Public Hearing Opened: no comment Public Hearing Closed. Mr. Behr read a letter from Barbara and Nancy Walker, Mr. Joslyn's immediate neighbors, in favor of the variance. Mr. Behr read a letter from Michael Brandt in favor of the variance. The Warren County Planning Board approved without comment. Mr. Behr MOVED that Use Variance No. 1232 be DENIED as it does not meet the conditions for a use variance. The applicant hasn't shown hardship. The property was never put up for sale and it is unknown whether it can realize a reasonable return if used as zoned. The use would change the character of the neighborhood as it is a residential property. Mr. Kelley seconded. Passed Unanimously. Mr. Prime recommended that this area be investigated for possible rezoning. USE VARIANCE NO. 1234 Don Gauger Mr. Behr read the application to operate a marina office and boat brokerage business at the north end of Bay Road. "----.- In response to questions from the Board, Mr. Gauger and owner Frank Perillo explained 2 J~7 e( (:j.CJ-v'-'V that 'Perillo would continue to operate a marina office out of a house across the road from __ the 40 slip marina. Mr. Gauger would operate a boat brokerage business. Gauger would rent one slip; therefore few boats would be on display. There was adequate parking. Mr. Perillo had attempted to rent the house all last summer without success. The property had always served, as a marina office with boats occasionally for sale; now two separate businesses were proposed. Boat size would be limited by the Route 9L bridge; no boats would be displayed out of the water. Public Hearing Opened: Elizabeth Donahue said she was opposed to the variance. There is an existing sewage problem because of no toilet facilities. There is a potential for traffic congestion. There is no limit on the number of boats for sale; this is a substantial change in the nature of the business. The presentation is too vague. Frank Perillo said there were portable toilets at the site. Traffic won't be a problem because all docks are rented. This is the same as the previous use, except there are now two separate individuals. Mr. Mesinger noted portable toilets had been outlawed by the Town Board. Public Hearing Closed. The Warren County Planning Board approved without comment. Mr. Prime said this was a preexisting use being expanded to rent to another business. The applicant hasn't spelled out what the rental agreement allows him to do. Clarification is needed on the nature of the business. The Board tabled the application by consensus at the request of the applicant. AREA VARIANCE NO. 1235 Keith Coe Mr. Behr read the application to construct a house on a lot not fronting on a public road and with less than required lakeshore frontage off of Birdsall Road. Mr. Coe said this was property for which a variance had previously been denied as the lot was undersized. Square footage had been added to bring the lot up to 30,000 square feet, mainly by including a portion of a paper street. Mr. Coe did not believe the street was a legal right of way, however people used it. He had no intention of building on or blocking the road. There was also a legal right of way across the back of the lot which would be maintained. The Board was unsure whether lands reserved for a road, even if never offered or accepted by the town, could be counted towards square footage. Public Hearing Opened: -- Donn Freebern, representing Robert Cross, owner of the property pointed out the various rights of ways. All travel rights would be maintained. The lot is bigger than others 3 ;;<q<6 '......... in the neighborhood and has the same amount of lake frontage. Bob Cross said he owned the land. The 50 foot strip included in the lot is not a right of way, nor was it ever offered to the town as a road. Don Beadleston said he plowed the road. He didn't believe the lot had adequate shoreline frontage. He was concerned over losing deeded access to his house. Anthony Orsini asked if a common beach lot would be effected. Mr. Coe said it would not. Mr. Prime said more information would be needed on who owns what rights of way and who has deeded access. He also wished to research the legality of using the paper road towards meeting lot size requirements. Carl Cooney said he feared that his access would be lost. Mr. Sicard said as long as the right of way was in his deed, it could be used. Mr. Cross said he had been discussing deeding the road to the town, but the road specs were too expensive to meet. Mr. Orsini and Mr. Beadleston both said they would have no objection if rights of way were maintained and all requirements met. Mr. Freebern submitted a copy of Coe's proposed deed. Public Hearing Closed. Mr. Sicard MOVED to TABLE the application to give counsel time to review the deed, lot size and legalities of using the right of way to count towards lot size. Mr. Turner seconded. Passed Unanimously. AREA VARIANCE NO. 1236 ABC Rentals Mr. Behr read the application to construct an addition to a building with less than required setbacks at the corner of Quaker and Ridge Roads. Mr. Coe said the addition would be 16 ft. by 8 ft. Setbacks would be 32% ft. on Quaker, 50 ft. on Ridge and 12' ft. in the rear, in lieu of the required 50 ft, 50 ft, and 20 ft. Mr. Turner said the narrow shape of the lot created a difficulty in locating the building. Public Hearing Opened: no comment Public Hearing Closed. 4 ;<q~ ""-' The Warren County Planning Board approved without comment. The Beautification Committee disapproved as no plans were submitted. Mr. Turner MOVED APPROV AL. Practical difficulty is that this is a preexisting nonconforming use. The lot is very narrow making some relief necessary for any addition. The applicant must meet with the Beautification Committee prior to getting a building permit. Second by Mr. Behr. Passed Unanimously. USE VARIANCE NO. 1238 Ernest Arendt Mr. Behr read the application to operate an ice cream stand and restaurant in an HI-3A zone on River Street. Mr. Mesinger said the use was very similar to the bar and grill previously there, but perhaps different enough to require a variance. Mr. Arendt said at one time the bar was loud and had a parking problem. The Arendts use will be less intensive. There is parking in front and on sides. The building is too small and poorly located for heavy industry. The Beautification Committee approved. Public Hearing Opened: no comment Public Hearing Closed. Mr. Behr MOVED APPROVAL due to the inability to use the property as zoned for heavy industry. This is a lesser use and won't change the character of the neighborhood. Second by Mr. Sicard. Passed Unanimously. USE VARIANCE NO. 1239 Masonic Hall Association Mr. Behr read the application to construct a Masonic Hall in the UR-5 zone on Burke Drive. \, Attorney Jim Davidson said hardship was due to a City water line easement splitting the 4 acre parcel which precluded most building. At most, one or two duplexes could be built. A right of way would be constructed connecting the adjacent Methodist and 5 ~ Catholic churches exiting onto Burke Drive. ,-. George Sewell explained an artists rendering. Parking for 24 cars is proposed, in excess of code requirements. The hall may be rented to wedding parties. Restrictions on alcohol would exist and a Mason would be present at all affairs. Mr. Davidson said the Masons tried to locate property in the HC zone, but found it too expensive. The Methodist Church wishes to control the land to their rear. The land hasn't been actively marketed. Mr. Kelley said putting only one or two duplexes on the 4 acre property would not constitute reasonable return. Public Hearing Opened: Attorney Bruce Carr said he represented the Fort Amherst Realty Company which owned property in the vicinity. They favored the proposal. Joseph DeMario, speaking on behalf of the Catholic Church, said they were in favor. The access onto Burke Drive would help relieve congestion. Public Hearing Closed. Mr. Behr read letters from Harry Kimmey and Ralph Marino of the Methodist Church in favor of the proposals. Mr. Behr read a letter from Jean Mulder opposed to the variance as alcohol would be available at the hall. The Beautification Committee approved. Mr. Kelley MOVED APPROVAL. Unnecessary hardship is due to the City water line crossing the property prohibiting a large portion from being used for its intended use. One or two duplexes could be built, but a full reasonable return is not possible. From testimony and letters presented to the Board, the use is compatible with other uses in the area and those allowed under site plan review in this zone. The use is not detrimental to the ordinance. The applicant has been unable to locate suitable property in the HC zone. Second by Mr. Sicard. Passed Unanimously. AREA VARIANCE NO. 1240 Michael Graves Mr. Behr read the application to construct a garage with less than required side setbacks on Wintergreen Road. "-- Mr. Graves explained that due to the orientation of the house on the lot and the location of his well, a variance was required to construct the garage. 6 :301 '-' Public Hearing Opened: no comment Public Hearing Closed. Mr. Behr MOVED APPROVAL of Area Variance No. 1240 because of the unique location of the house on the property and the well location. Mr. Turner seconded. Passed Unanimously. USE VARIANCE NO. 1241 Wayne Pelak Mr. Behr read the application to construct 12 additional units at the Imperial Motel on Aviation Road in a split UR-I0/PC-1A zone. Attorney Bob Stewart said the applicant previously received a variance for 5 additional units. As he was now remodeling 12, he wished to go up 1 story and add 12 more. Hardship is due to split zoning. Parking, density and permeability requirements can all be met. Mr. Pelak may only construct 5 this year, in which case he may have to return for a variance if the one year construction period expires. Mr. Stewart submitted a letter from the Department of Health stating that the Department would allow connection to the existing septic system until the sewer is laid; an additional drywell would also be permissible. Parking spaces are separated from those available to the co-tenant, Mrs. Bissell. Public Hearing Opened: Gordon Harrington, 2 Carlton Drive, said his property was in back of the proposed addition. Windows in the addition would look out over his yard, causing loss of privacy. He wanted windows to be prohibited in the rear. Wayne Pelak said the only windows were in the bathrooms. These could be made to be frosted. There would also be exhaust fans. Elaina Bissell said her deed allowed parking on the whole lot. She was concerned the addition would cause her to lose parking. She presently had 12 spaces dedicated to her use, but was allowed access to the whole property. Her business totalled 2,000 feet of floor space. Her business tailed off at about 5:30 p.m. but she was concerned about overlapping needs. Mr. Pelak has rented one room to a business which uses 5 spaces. There are also efficiencies which may have more than one car. Although problems do not presently exist, they could with the expansion. Mr. Pelak said he rented one room for 3 months to a business which had 3-5 people. They left by 3:30 p.m. Ninety-five to ninety-eight percent of his customers arrived after 5 p.m. He had 4 efficiencies. Parking was not presently a problem, but he could add more spaces. , .....--, Mr. Behr said there was room for additional parking if the Board granted a variance to park in the 50 foot residential buffer. The efficiencies could have more than 1 car. 7 3);2 Mr. Behr questioned where snow would be moved to if additional parking spaces were \.....- required. Mr. Pelak said winter occupancy was 60%. He had room to deposit snow and would cart it away if required. Debbie Collin, 10 Carlton Drive, said she was against windows in the rear of the motel. She was concerned about added congestion onto Aviation Road. Public Hearing Closed. The Warren County Planning Board approved without comment. Mr. Pelak said on June 1, his lease with Mrs. Bissell would have 4 years left. Mr. Kelley reviewed parking requirements which were 38 for the motel with addition " and 20 for Mrs. Bissell. Fifty were shown. Eight spaces would have to be provided in the buffer area, if needed. They might not be needed because peak business hours didn't overlap. Mr. Turner MOVED APPROVAL of Use Variance No. 1241. Hardship is due to a split zone which restricts the owner from making a reasonable return on the property. The character of the neighborhood would remain the same. The west side of the addition will be void of windows. Mr. Pelak will provide necessary parking as requested by his tenant, Mrs. Bissell who shares the building in front of the property. Mr. Behr seconded. Passed Unanimously. USE VARIANCE NO. 1246 Penny Burch Mr. Behr read the application to construct a single family house on Stevens Road in a HC zone. Mrs. Burch said the lot was too narrow to support a commercial use and the neighborhood was strictly residential. Public Hearing Opened: no comment Public Hearing Closed. The Warren County Planning Board approved without comment. Mr. Kelley MOVED APPROV AL. Practical difficulty is due to a narrow lot in a residential zone. The property can't be used as zoned due to the size of the lot and character of the neighborhood. This would be in keeping with neighborhood character and would not have a detrimental effect on the ordinance. Second by Mr. Behr. 8 303 "'--' Passed Unanimously. AREA VARIANCE NO. 1247 Noble True Value Hardware Mr. Behr read the application to construct a storage building at the Noble True Value store on Route 9. Mr. Mesinger said a setback variance was required from residential buffer requirements. Site plan review was also needed. Ken Noble said 2 storage containers were placed last year. A third had been moved in. The store planned to construct a permanent storage building shortly. The Board said the submitted site plan was inadequate and suggested the applicants return with complete plans for the proposed buildings. Mr. Behr MOVED the application to be TABLED until May for better information. Mr. Turner seconded. Passed Unanimously. SIGN VARIANCE NO. 1223 Queensbury Motors Mr. Behr read the application to keep an oversized freestanding sign on Quaker Road. Attorney Dick McLenithan and owner Sherman Parrot said all signs would come into compliance except one. A variance was requested to place a 76 square foot sign at an existing sign location with a 4 foot setback. After lengthy discussion with the Board, who indicated such a variance would not be granted, Mr. Parrott withdrew the application and said all signs would be made to conform. The meeting was adjourned at 11:55 p.m. ~~/ Ç2~~~( Theodore Turner, Chairman ',-- Minutes prepared by Stuart F. Mesinger, Senior Town Planner 9