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1987-09-16 3qq QUEENSBURY ZONING BOARD OF APPEALS '---' Regular Meeting Held: Wednesday, September 16, 1987 at 7:30 p.m. Present: Gustave Behr, Acting Chairman Michael Muller Daniel S. Griffin Susan Goetz, Secretary Charles O. Sicard Jeffrey L. Kelley Mack A. Dean, Building and Codes Enforcement Officer R. Case Prime, Counsel Robert Eddy, Sign Enforcement Officer Susan E. Davidsen, Planning and Zoning Department Absent: Theodore Turner The meeting was called to order at 7:35 p.m. The minutes of the previous meeting (August 19, 1987) were postponed since they were not ready at this time. Mr. Behr announced that under old business Use Variance No. 1234, Don E. Gauger will not be tabled again. It will be dropped. The applicant wishes to reappear in March 1988 and must reapply. Mr. Sicard MOVED to DROP THE APPLICATION of Don E. Gauger, Use Variance No. 1234 from the agenda. Second by Mrs. Goetz. Passed Unanimously. Mr. Behr announced that under new business that Area Variance No. 1288, Elaina's Beauty Boutique will not be heard this evening. Mr. Prime stated there are restrictive covenants in the deed. It is part of the Hillcrest Subdivision on which lots had restrictive covenants. The subdivision will be kept as residential. The Northway was developed and split the subdivision as a result. Lot number one which is the lot in question is on the west side of the Northway. It is still part of the restrictive covenants. The property is restrained for commercial purposes; this is per judgement on record. Because of the language in the deed, the Board cannot address the issue of changing the use of the property as zoned. The lot is perpetually dedicated to residential purposes. Mr. Behr said the Board will not go forward with this application. The applicant has the opportunity to table or withdraw the application this evening. There is a need to look at the language in the decision of the deed. Mr. Prime said he does not want to deny the applicant of any rights but would give the applicant the opportunity to table the application. Elaina said she would agree to table her application. 1 795 Mr. Muller MOVED to TABLED Area Variance No. 1288, Elaina's Beauty Boutique. '-- Second by Mr. Sicard. Passed Unanimously. Mr. Dean stated a motion needed to be made regarding Use Variance No. 1282, Dr. William Vosburgh. The applicant wishes to table his application until the spring of next year. The applicant cannot table for this length of time. Mr. Muller MOVED NOT TO TABLE Use Variance No. 1282, Dr. William Vosburgh. If he needs a use variance he needs to reapply. Second by Mrs. Goetz. Passed Unanimously. Mr. Behr announced that under new business that Sign Variance No. 1286, Freihofer's had tabled himself until next month. Also, Use Variance No. 1290, Eric Heym has withdrawn his application. OLD BUSINESS SIGN VARIANCE NO. 1272 Mark Plaza Mrs. Goetz read the application to maintain an existing freestanding sign 78 feet from the property line. The present freestanding entrance signs consist of 5 separate signs mounted at increasing heights. The present signs include individual signs for the shopping center, "Mark Plaza" as well as signs for "Sofco", "Floormaster", "Drapery Den", "Cedar Crest", and "Dream House Furniture". Mrs. Goetz read a letter dated September 3, 1987 from Jack R. Lebowitz, Miller, Mannix, Lemery & Pratt, P.C. that stated that an amended sign variance application be considered at its September 16 session. Attorney Lebowitz represented the applicant. He said the original application was to maintain the 5 existing signs. The proposal is now for a 120 sq. ft. new - freestanding sign. A 120 sq. ft. sign is necessary to advertise the 5 stores adequately. He said the relief the applicant is asking for is consistent with other applicant's requests. It would be very difficult to rent stores in Mark Plaza unless the stores could be identifable. Mr. Lebowitz said the sign does comply with the setback requirements. He added that a 64 sq. ft. sign would be a hardship. Mr. Santaciro, NCR Corp., said tenants would have a hardship with a sign at 64 sq. 2 35( ft. Tenants asks for visibility. "-- Mr. Behr explained the Zayre Plaza situation. Mr. Lebowitz agreed this was a similar situation but there are also important differences. He said the 5 businesses are largely unrelated; furniture store, flooring store, pet shop. Mr. Lebowitz said that they may be able to delete the Mark Plaza part of the sign but would rather not since they would like to make the plaza identifiable. Mr. Kelley said a 96 sq. ft. sign would be reasonable. The applicant could put whatever he wants on the sign within the 96 sq. ft. signs. This would be consistent with variances granted in the past. Mr. Lebowitz asked for a few minutes (break) to discuss this proposal to his client, Mr. Boychuk. The meeting was called back to order. Mr. Lebowitz said that Mr. Boychuk would agree to a 96 sq. ft. sign. Public Hearing Opened: no comment Public Hearing Closed. Mrs. Goetz said she wants to be sure that new tenants who come into the plaza realize that they cannot add to the 96 sq. ft. sign. She said this should be stated as such in the motion. Warren County Planning Board modified with conditions. right of way will be allowed until Quaker Road is improved. recommended at 120 sq. ft. to allow businesses within the plaza 120 sq. ft. single sign. Existing setback from A freestanding sign is to be listed within the Mr. Kelley MOVED to APPROVE WITH STIPULATIONS Sign Variance No. 1272, Mark Plaza, O.A. Boychuk. The stipulations being the new sign will be located 78 feet from the property line; same location as present sign. The total sign is not to exceed 96 sq. ft. All printing and lettering would follow the Sign Ordinance criteria as far as coordination is concerned; size, shape, lettering, color. The 5 existing signs as proposed will be allowed. The hardship and practical difficulty are that it is considered a shopping center. Because the buildings are situated perpendicular to the highway, you can't see the stores going in a westerly direction. You can't see the signs on the stores. The height of the new sign will not exceed 25 ft. Second by Mr. Sicard. Passed Unanimously. USE VARIANCE NO. 1275 Broad Street Car Wash 3 ~0~ Mrs. Goetz read the application for construction of a full service automatic car '- wash and 4 stall quick lube facility and 12 stall self service car wash on the property situated on Quaker Road in a Plaza Commercial 1A and Light Industry zones. Jean Choppa, Architect for State of New York represented the owner of Broad Street Car Wash. He said the piece of property runs between Quaker Road and Dix Avenue. There will be 3 businesses on site; a one story automatic car wash 40 ft. by 180 ft., a quick lube facility (lubrication for automobiles) which will be adjacent to the automatic car wash, and a self service car wash (2 buildings parallel to Dix Avenue). Mr. Choppa said the facility will be located one lot east of the storage facility on Dix Avenue. He added that there will be a 15 time limit on the lubrication service. Mike Ginsburg, owner of the car wash on Broad Street and the proposed car wash for Quaker Road said this new car wash would serve the east side of the community. He said he has been patiently awaiting the sewer system installation in the Town of Queensbury. Mr. Ginsburg said he does not want consumers making a left hand turn on Quaker Road. Board members asked what the hours of service would be. Mr. Ginsburg said the self service car wash would be open 24 hours a day. The jiffy lube will be open from 7 a.m. to 6 p.m. Mr. Behr asked if there would be an attendant available 24 hours a day. Mr. Ginsburg said no. There will be an attendant available during normal hours (7 a.m. to 6 p.m.). Mr. Prime asked how he can account for putting up a commercial business in primarily a retail zone. Mr. Ginsburg said it's service related. This is a commercial business to service the automobile. Mr. Behr pointed out that the applicant must meet the 4 criteria; conditions have to be met for use variance approval. The applicant must demonstrate that using the land as zoned would create the inability of a reasonable return. Unnecessary hardship must be demonstrated. The Board has to address whether or not there will be an adverse effect on the character of the neighborhood. Mr. Griffin stated that a car wash is not listed under the plaza commercial zone or the light industry zone. This causes a hardship. Board members discussed the possibility that a site plan application may need to be made for review and consideration by the Planning Board. Mr. Kelley asked if the water would be recycled. Mr. Ginsburg said yes. It is recycled purified water. Mr. Ginsburg said the building involves a million dollar expense. It will be a beautiful building. He hopes to have consumers admire the building. 4 307 Mr. Goetz said it was an oversight when the ordinance was made; it doesn't include a car wash. '-.' Mr. Goetz asked what fees would be charged to the consumers. Mr. Ginsburg said the full service car wash would be from $6.50 to $7.00. Mr. Prime brought up the fact that maybe the lube area might fall under a public garage. It may have to go for site plan review; this portion of the proposal only. Mr. Ginsburg said they would be selling oil and windshield washer fluid. They will not be doing any automobile repairs. Mr. Sicard asked Mr. Eddy if the Beautification Committee has any involvement with this. Mr. Eddy said yes. Mr. Prime said the applicant is running into multiple uses. Mr. Ginsburg said they could do without the jiffy quick lube. He remarked that the public is leaning towards this kind of service. Mr. Prime said the Zoning Board could approve the variance for the car wash. Approval could be subject to going to the Planning Board for review of the lube and oil area. Mr. Ginsburg said he would like to remove the jiffy lube service and go on with the car wash. o--~ /' ' Mr. Muller said he has a good plan and is gIvmg up too quickly Board members are not sure if this is considered as a public garage. on the quick lube. Access was discussed between Quaker Road and Dix Avenue. Mrs. Goetz read a letter dated September 8, 1987 from the Beautification Committee. The letter said, This application has been disapproved by our Committee as data for landscaping, screening, and plantings fo~ the applicant for a site plan review or variance has not be submitted or is incomplete. The letter also asked the Board to refer the applicant to the Committee for approval of its plans prior to granting the application pending before the Board of before a construction permit has been granted. Mr. Ginsburg said the proposed facility would create 30 full time jobs. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved. Mr. Muller MOVED APPROVAL of Use Variance No. 1275, Broad Street Car Wash. The applicant is hardpressed to demonstrate standard hardship required. Hardship demonstrated to the extent that the property is in 2 zones (plaza commercial and light industry). Light Industrial is easier to prove hardship. It is hard for a private owner to compete with a municipality selling light industry nearby. The use proposed is consistent with uses seen there. Regarding the Plaza Commercial use - Plaza Commercial uses do 5 35+ discuss personal services. The "Purpose Section" of the Plaza Commercial zone seems to be met as far as purpose use as to traffic, access point, efficient loading, safe pedestrian. --- The quick lube aspect is a species of the "public garage". This activity will require Type II Site Plan Review from the Queensbury Planning Board. In the entire Zoning Ordinance there is no mention of a car wash and the Town of Queensbury does not want to prohibit car washes in Town. Second by Mr. Sicard. Passed Unanimously. SIGN VARIANCE NO. 1278 LaCabanna Mr. Behr said it wasn't necessary to reread the application as it was tabled at the last meeting, August 19, 1987. Attorney William B. Mahoney represented Leonard Jones. He said the sign is not aesthetically displeasing. It portrays a warm glow. Mr. Behr said that possibly the pole sign could be put closer to the road. Mr. Mahoney said this would create an additional expense to the applicant. Mr. Behr pointed out the fact that the ordinance does not permit a roof sign. Businesses had 10 years to comply with the Sign Ordinance. Mr. Behr asked Mr. Mahoney that if the Board granted the roof sign, would he be able to do without the other signs. Mr. Mahoney said yes. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board disapproved. Mr. Sicard MOVED APPROVAL of Sign Variance No. 1278, LaCabanna. To construct a legal sign on Glen Lake Road would be in poor taste. The existing freestanding sign will be removed. The existing roof ridge sign will remain. Second by Mr. Griffin. Passed Unanimously. NEW BUSINESS AREA VARIANCE NO. 1285 Vincen t J. Parisi 6 3cJ5 '- Mrs. Goetz read the application to construct a 24 ft. by 26 ft. addition with a 10 ft. by 26 ft. deck at less than required side setbacks on the property situated on Honeysuckle Lane, Assembly Point in a Lakeshore Residential 1A zone. Mr. Parisi represented himself. He said he can't build on the other side of his house because of where the septic system is located. Mr. Behr asked if there was anyone behind him. Mr. Parisi said no one is living behind there. Mr. Behr asked him if he had attempted to buy the back lot. Mr. Parisi said no. Cherry Tree Lane was discussed at length. Mr. Parisi said it is a paper road and has been there since he has lived there. Mr. Griffin said that it is possible that a house could be built in the back lot behind Mr. Parisi. Mrs. Goetz read a letter from James Dubin and Frank Dillon who were opposed to the application. The letter gave a history of "The Shore Colony" on Assembly Point. The letter stated that Cherry Tree Lane is a dedicated Town road. A copy of the deed is in the file. Mr. Dubin said that Cherry Tree Lane is 35 ft. wide and is a dedicated road. Mr. Dean said it is not listed as a Town road. There was much discussion as to whether or not Cherry Tree Lane is a paper road. Mr. Dubin and Mr. Dillon said they own lots 3 and 4 (the property on the other side of Parisi) and lots 11 and 12. Mrs. Goetz said the 10 ft. proposal in the back is very close to the property line. Mr. Parisi said that Cherry Tree Lane was built 50 ft. from Honeysuckle Lane to the woods; from the front of his house and going back. Public Hearing Opened: Mr. Dubin said he wants to keep the character of Assembly Point. Mr. Behr said there is no tax being paid on the lot on Cherry Tree Lane. Therefore, Mr. Parisi's lot is a corner lot. Mr. Dubin said that the proposal would materially decrease the value of his lots. Mrs. Goetz read comments from the file. Comments from Mr. and Mrs. Jack Verdrager were such that they have no objections to the request for the variance. A mailogram from Donald Bodenhorn, Bayside, NY opposed to the application on grounds stated in the Dubin and Dillon opposition. Also, a mailogram from Leonard Lipstein, Wilmington, DE, was read into the record. He opposed to the application. 7 )~ Public Hearing Closed. '- Warren County Planning Board approved with the condition that the deck not be constructed because the 9 ft. setback would be too close to Cherry Tree Lane. Mr. Behr MOVED APPROVAL WITH STIPULATIONS of Area Variance No. 1285, Vincent J. Parisi. Lot number 13 is considered a corner lot bordering on the east by Honeysuckle Lane and on the south by Cherry Tree Lane. Both are considered front line setbacks. The variance is for a 20 ft. setback from Cherry Tree Lane. The north and west are considered the side lines. On the west, behind the house, the applicant will maintain a 10 ft. setback. Second by Mr. Sicard. Passed Unanimously. AREA VARIANCE NO. 1287 Double A Provisions Mrs. Goetz read the application for an addition of 24 ft. by 30 ft. to be used for cold storage with less than required side setback and rear setback on the property situated at 64 Main Street in a Highway Commerical 15 zone. Mr. Behr read a letter dated August 24, 1987 from Randolph Whittemore of 62 Main Street. The letter stated, "I have examined Mr. Ben Aronson's application for an area variance in order to build an addition to his building on the side adjoining my residence at 62 Main Street of this Town. I am agreeable to this request as I feel that this addition would improve the sightliness of the proposed area by eliminating an outdoor storage area." Marvin Dobert represented the applicant, Ben Aronson. He said that the application is self explanatory. Mr. Behr said he was appalled at what the back corner looked like. Mr. Dobert said the applicant is requesting an addition due to governmental regulations in regards to the storage of goods. Foods that are iced down should not be stored with dry storage. Mr. Behr asked if the Board of Health does periodic inspections. Mr. Aronson said yes. Board members talked about the back corner; it is an eyesore. Mr. Aronson said that the months of July and August were very busy. They didn't have much time to clean up but are doing so now since it's the end of the season. Mr. Muller asked about access to the cooler. Mr. Aronson said you get to the cooler from inside. There will not be doors on the backside. Mr. Griffin asked if they considered any other location for a cooler. Mr. Dobert 8 351 ',- said they did. no objections. They used the back corner because the owners of the adjoining lots had Mr. Behr asked if they planned to pave any of the area. Mr. Behr asked how long they have been in business. Mr. Dobert said it's the third generation; about 50 years. He said it is Certified USDA for food handling and is the only one in the Town of Queensbury. Public Hearing Opened: no comment Public Hearing Closed. Warren County Planning Board approved with the condition that the applicant meet with the Beautification Committee for their approval. Mr. Aronson said the Beautification Committee suggested screening. He agrees to do this. He said there will be daily garbage pick instead of every other 3 days. The garbage will be enclosed after the facility is built. Mr. Muller MOVED APPROVAL of Area Variance No. 1287, Double A Provisions. The applicant has demonstrated practical difficulty in that he is merely making an extension on the building. There is no side setback encroachment. This doesn't change the neighborhood. It improves it. The applicant needs this space to facilitate pallet operation and to clean up the back of the building. The stipulation is that the applicant must meet with the Beautification Committee and abide by their reasonable decision. Second by Mr. Griffin. Passed Unanimously. AREA VARIANCE NO. 1289 Linda and Sam Friedman Mrs. Goetz read the application to construct a single family dwelling with a 26.33 ft. and 27.65 ft. front setbacks in lieu of the required 30 ft. on the property in the Hidden Hills Subdivision, lot 19 in a Single Family Residential 10 zone. Tom Albrecht, Builder for Hilltop Construction represented the applicant. Mr. Behr said that builders need to be more careful in their construction so as not to infringe upon setbacks. Mr. Albrecht said it was clearly a mistake on the builders part. He said they discovered this error when the required survey by the bank was done. Public Hearing Opened: no comment Public Hearing Closed. 9 3~~ \..- Warren County Planning Board approved. Mr. Griffin MOVED APPROVAL of Area Variance No. 1289, Linda and Sam Friedman. The applicant has demonstrated a practical difficulty in that a mistake was made. This is the minimum relief. Second by Mrs. Goetz. Passed Unanimously. USE VARIANCE NO. 1291 Walter Dombek Mrs. Goetz read the application to add a sixth storage building facing toward building A on the property situated on Meadowbrook Road in a Highway Commercial 15 zone. Attorney John Winn represented the applicant. Mr. Behr said their was a previous variance (variance number 1172) that was approved with the proviso to maintain that setback from the property line. He felt that any Board action tonight would in fact be recinding what the Board had disapproved a year ago. There should be nothing on the north side of the property because of the house there. It is residential. There is ditch and Willow Tree situated there. Mr. Behr read the minutes from the meeting of January 21, 1987, Variance No. 1172. Mr. Prime asked the applicant exactly why they were here tonight. Mr. Muller added that warehousing is not a conforming use in a Highway Commercial zone. Previously a variance was granted for warehouse storage and a site plan was granted for utilization of essentially a wetland. Mr. Prime said that this application tonight is a variance to expand a nonconforming use. If it is approved tonight, it would have to go back to the Planning Board. Mr. Dean said that if it's within 50 ft. of a wetland and within a residential area, they have to go back to the Planning Board. Public Hearing Opened: Mike Cleveland, 90 Meadowbrook Road, spoke in opposition. He has lived there for 17 years. The business has created a basin in his backyard. Water levels have been pushed into the backyards. Ed Oudekerk, 88 Meadowbrook Road spoke in opposition to the proposal. If more blacktop is put in, there will be more water runoff. If you add another building, you have another roof and this creates more runoff also. Thomas Russell, neighbor, talked about the security system on the premises. He said the gates are always opened. He was concerned about snow removal. Where would 10 )C;~ they put the snow? .\...- Mr. Kelley asked if the water in the stream flows north. Mr. Cleveland said yes, it crosses Meadowbrook Road. Mr. Kelley asked if he had figures of percentage on what is occupied and rented at this time. Mr. Winn said there is about a 90 percent occupancy rate. Public Hearing Closed. Mr. Muller said the Board has already given Mr. Dombek a variance. Granting this variance would be expaning the already approved variance. Mr. Muller said he does not want to give Mr. Dombek another variance. Mr. Dean said that he could request the Planning Board to make recommendations to the Zoning Board of Appeals. Warren County Planning Board approved with the condition that they incorporate a storm water management plan that does not allow direct discharge of runoff into the stream. Mr. Muller MOVED DISAPPROVAL of Use Variance No. 1291, Walter Dombek. The applicant has not demonstrated that he cannot realize reasonable return on the land as zoned and presently being used. Second by Mr. Behr. Passed Unanimously. The meeting was adjourned at 12:30 a.m. >Jk?/ çZ?Ørf~ Theodore Turner, Chairman Minutes prepared by Susan E. Davidsen, Planning and Zoning Department 11