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1988-04-20 '--',' QUBDSBURY ZORIRG BOAItD OP AP,BALS Regular Meeting Held. Wednesday April 20, 1988 at 7.30 p.m. Present. Theodore Turner, Chairman Charles o. Sicard Michael Muller Jeffrey Kelley, Acting Secretary Gustave Behr R. Case Prime, Counsel Mary Jane P. Moeller, Stenographer Absent. Susan Goetz Daniel Griffin Mr. Turner called the meeting to order at 7.30 p.m. Correction to the March 16, 1988 minutes was as follows. Addition of Mr. Michael Muller to those present on the Board. Mr. Sicard moved APPROVAL of the March 16, 1988 minutes. Seconded by Mr. Muller. Passed unanimously OLD BUS lOSS USE VARIARCB RO. 1327 Glenn Gregory Mr. Turner announced that Use Variance No. 1327, Glenn Gregory, will be adjourned until the end of the meeting. USE VARIARCE RO. 1334 John Mooney d/b/a Super Saver Rent-A-Car Mr. Behr moved DISAPPROVAL of Use Variance No. 1334, John Mooney, because there was no representation in March or April. Seconded by Mr. Muller 1 '--' USE VARIAlCE RO. 1336 Bayron Sales No representation for the application was present. Mr. Turner read from the March 20, 1980 minutes which stated that the application was TABLED for one month, to provide the applicant an opportunity to prove his case. Further, the necessary information for the Board's consideration had been presented at that meeting. Mr. Turner moved DISAPPROVAL of Use Variance No. 1336, Bayron Sales, on the basis of no hardship. Seconded by Mr. Muller. Passed UaaDimously USE VARIANCE RO. 1239 ~-~D-B~ Masonic Hall Association Mr. James A. Davidson, attorney, appeared on behalf of the Masonic Association. Mr. Davidson referred to a letter he had written to the Board dated March 28, 1988 (Exhibit A) and refreshed the Board's recol- lection that on April 22, 1987 the Board granted the Masonic Hall Asso- ciation a Use Variance for the property on Burke Drive. Since that time, there has been difficulty with title to the property and the property has not yet closed. Mr. Davidson said that, after the above letter was written, he was advised by the seller's attorney that the title problem has been resolved and that closing will be in one to two weeks. That date puts the application past the one year granted by the Board. The terms and conditions are exactly the same as one year ago. Mr. Muller or two dumpsters pointed out an error in the RESOLUTION. Should read: One or two duplexes . Line 3 reads: One Mr. Turner moved APPROVAL of the request to extend Use Variance No. 1239, Masonic Hall Association, for a period of one year to permit resolu- tion of the title search problem, so that the purchase of the property can be finalized. Seconded by Mr. Sicard. Passe. Unant.ously 2 - 1Œ1f BUS lOSS USE VARIARCB 1338 Dale P. Barrows Mr. Kelley read that the application is a proposal for private use for fill, bank run gravel, etc. (no screener, no crusher) on Glen Lake Road, SFR-30. Applicant's three trucks and one loader will be all that will be on the property. Mr. Dale P. Barrows represented his project and said there was an error in No. 8 on the application. 500 feet above sea level should be 500 feet elevation. Mr. Behr pointed out that the property is one parcel of land and it is now used as zoned, it has three houses on it. The subject property is not a separate lot, and the proposal is not a permitted use in the area. To grant a variance, the applicant must 1) prove that the pro- perty cannot be used as zoned, and 2) that he cannot get a reasonable rate of return. Mr. Behr said that, in his conversation with Robert Hay, owner, there was no intention of selling the property, it was not up for sale and no claim of financial hardship can be made. Mr. Barrows pointed out that, if the land was graded down, Mr. Hay might sell the lots, how- ever, he was advised that Mr. Hay would have to subdivide first. Mr. Barrows said he knows that someone is digging in there presently, but he wanted to proceed with his digging legally. He further mentioned that Mr. Hay wants to get firewood off the top and it is impossible for him to do that. They made a -deal- that Mr. Barrows would cut a road so Mr. Hay could get the wood, and they would trade fill. The digging would stay 15 feet above road level, so there would be no holes. He emphasized that it would not be a large operation, only three trucks. The Board questioned whether or not the applicant should apply for a Mining Permit. Public Hearing Opened. No comment. Public Hearing Closed. Mr. Kelley read that the Warren County Planning Board modified with conditions (Exhibit B). Mr. Behr moved DISAPPROVAL of Use Variance No. 1338, Dale P. Barrows, that it cannot meet the criteria for a Use Variance, especially that the land is being used as zoned and the property has never been put up for sale, which did negate hardship for monetary reasons. Seconded by Mr. Sicard. 3 '- ,-' pa..ed Unaaimo..ly USE VA1UAI1CB 110. 1339 Darryl L. Lien d/b/a Adirondack Auto Body Mr. Kelley read that the application is to convert the car garage into a registered repair shop at 622 Big Boom Road, SR-30. Mr. Lien affirmed to Mr. Turner that he had recently purchased the pro- perty, that there are two houses on it and that he resides in one, and that the property is being used as zoned. He also stated that the reason he filed for the variance was that his neighbors have hesitated communicat- ing with him on the project, he does carry a New York State license, he does plan to build a house on the property, and he wants to hear about the complaints and problems of the nearby residents. In addition, he said he has rented a commercial lot and will transfer the license from the present property. The lot has to be inspected where the business is to sell used cars. He does not carry more than a couple of used cars, the junk he tries to take to a friend's house. He realizes this is still a commercial use, but to apply to New York State and get the new lot inspected takes time. Mr. Behr pointed out that there a second use for the property is being mentioned which is not stated on the applica- tion and that is for selling used cars. Mr. Lien said that he did not want to be turned in for running an illegal business and he tried to talk to Mr. Bert Martin to find out who was objecting and why, but Mr. Martin would not give any information. Therefore, the applicant felt it was impossible to talk to persons involved prior to filing an application. Mr. Lien requested to withdraw, however, Mr. Prime felt that a public hearing should be held as part of the record. Public Hearing Ope:raed: Support a none, Opposed a Timothy Hayesa 623 Big Boom Road Mr. Hayes said he preferred to handle this matter through George Kurosaka, Ward Representative, and that it was through Mr. Kurosaka's efforts that Mr. Lien's N. Y. S. Registered license was taken down. Mr. Hayes further stated that during the winter months the property appeared empty during the day, he assumed the applicant was working on the cars during the day and then leaving for the evening. February 8 there were 10 vehicles in the yard and increased to as many as 12 and 14, which was 4 '- after Mr. Lien was approached by Mr. Kurosaka and subsequently by Mr. Burt Martin. Most of the vehicles were then removed from the yard. Mr. Hayes felt the business was continued until about two to three days ago, how- ever, there were vehicles there with no plates along with Mr. Lien's vehicles with plates. In addition, the owner moves in and out at night with wreckers and any hour of the day and said Mr. Lien has to go by his home, which is within 100 feet, to access the garage in back. Mr. Hayes submitted a petition of 31 persons opposed to the application, and said he had never been approached by Mr. Lien. Mr. Hayes also said he knew the applicant was in the wrong, was upset about it, and instead of talking to Mr. Lien he chose to go through the Ward Representative to voice his complaints, and Mr. Kurosaka advised him to go this route (public meet- ing). He stated that Burt Martin advised him that this work was being done as a hobby. Mr. Charles DeMars: 609 Big Boom Road: Three houses down from the subject property. Mr. DeMars said he had never met Mr. Lien, and felt that the applicant could have spread some ·P.R.- by going to see the neighbors and finding out if his particular line of work would be acceptable in the neighbor- hood. There is also a question as to why Mr. Lien has been clearcutting behind the garage (perhaps repair cars, trucks, etc.). The business would greatly increase the traffic on the dead-end road, where there is a boat launch situated. The area has been granted a decrease in speed limit to 45 m.p.h., from 55 m.p.h., one child has already been hit with a car. The residents feel good about the residential area and feel the business would devalue the properties. They would welcome Mr. Lien to the neighborhood, however, only to build a home in which to reside, not to own and operate a body shop. Mr. DeMars said the residents are asking the Board to deny the var- iance, only because they want the neighborhood character retained as it is - as single family. Mr. Behr asked about Mr. Lien's intentions to build a house and what he plans to do with the existing two houses already on the property. Answer: The two houses on there are camp houses, he would probably take down one and build another. Mr. Behr advised that only one building is allowed on the property. If a new house is to be built, another variance would have to be received. Mr. Sicard clarified the subject of unreg- istered cars: the homeowner can own no more than two unregistered cars. Public Hearing Closed: Warren County Planning Board disapproved the application because the site was in a residential area. Use Variance No. 1339, Darryl L. Lien, was withdrawn upon the request of the applicant. 5 '- .- ARBA VARIARCB RO. 1340 Grossman's Inc. Mr. Kelley read the application for a building to the rear of the store site on Quaker Road, HC-1S, SFR-10. It will be 30 ft. x 100 ft. (2,400 sq. ft.). Also, there will be a three-sided shed addition 22 ft. x 74 ft. (1,628 sq. ft.). Request is for a 12 foot side setback on the east side and a zero foot setback on the west side. Mr. Robert Cook, of Grossman's in Braintree MA, represented the pro- ject, and said that the building was already built and had ~een used as a grocery store prior to 1965. Mr. Cook corrected the east side setback (No. 9 on the application) as 10 feet and not 12 feet as stated. The shape of the property is unique, in that there is no rear setback, com- pletely buffered on the west by the railroad, to the east the grocery store (Super Shop 'N Save) extends almost back to the furtherest east property line point, the area beyond that is heavily wooded and dense. The storage shed is the west side (0 setback). The revised plan distri- buted to the Board at this meeting showed the changed landscaping, per the request of the Beautification Committee. Mr. Behr confirmed that the shed presently on the site is a pre-exist- ing, non-conforming use, and was told that it was built sometime in the 1970's. Mr. Cook said there is an agreement with the railroad that Gross- man's can off-load cars at that point. Public Bearing Opened. no comment Public Rearing Closed. Warren County Planning Board approved. approved (Exhibit C). Beautification Committee Mr. Muller moved APPROVAL of Area Variance No. 1340, Grossman's, Inc., that the request for a 10 foot side setback on the easterly side and 0 line setback for the proposed four-bay addition on the westerly line or the line near the Glens Falls branch tract. The applicant has demonstrat- ed that there will be no adverse affect on the neighborhood, no adverse affect on public facilities, degrees of change sought are not substantial, there are no feasible alternatives due the shape of the lot. Seconded by Mr. Turner Passed uftaaiaously AREA VARIAIICB RO. 1341 6 '-- ~' Robert and Audrey Matheny Mr. Kelley read this application for the construction of a storage building 16 ft. x 24.6 ft. at 9 Prospect Drive, UR-5. This is a request for a continuation of the 1 ft. setback on the right side of the proposed building. No representative was in attendance. Mr. Behr stated that the storage shed was unusually large for a 5000 square foot lot, and that the owner, who rents out the house, resides in New Jersey. The present tenants will be there a year in May and indicated that the Matheny's have a large num- ber of articles in New Jersey that they felt would be placed in the stor- age shed. Whether or not the articles are machinery or furniture in nature is unknown. It is thought that the owners might bring their belong- ings into the shed via the right-of-way from the proposed police station. Public Hearing OpeDed. Donald Crawford. 7 Prospect Street Mr. Crawford requested to change Question No. 1 on Page 2 of the appli- cation. Originally the addition to the property was to be a 6 ft. to 8 ft. extension on the present garage. He did not know until notified of the variance, that the addition was a shed measuring 24 ft. 6 in. x 16 ft., which is an oversized building for that lot and is non-conforming with the rest of the houses and garages in the area. The addition would block off his yard. Mr. Crawford said the applicant does have a machine shop in New Jersey and employs a few people, and that perhaps the applicant will use the shed for the machinery. Mr. Crawford does not want a machine shop in his back- yard. Public Hearing Closed. Warren County Planning Board approved. Mr. Muller moved DISAPPROVAL of Area Variance No. 1341, Robert and Audrey Matheny, as the applicant in fact demonstrates through the drawings that such a huge addition will have an adverse affect on the neighborhood character, an adverse affect on the public facilities, with the thought of fire protection, the size of the building and its location to neighboring buildings. As to whether there are any other feasible alternatives, the building should not be built there. The lot is too small. Seconded by Mr. Sicard. passed UDanimously 7 ~ --/ USB VARIAlCB RO. 1342 James P. Shovah Mr. Kelley read the application for construction of a duplex on Montray road, 100 feet south of Sweet Road, SFR-30. The existing mobile home will be removed and replaced by the proposed duplex which will be situated on both Parcels 4 and 5. There was no representative in attendance. Mr. Turner advised that 30,000 square feet is needed (the application is for 29,458 square feet) and that duplexes are not allowed. There is ample room to meet the mini- mum variance to get the 30,000 square feet to build a single family dwel- ling. Mr. Behr referred to Question 1 on Page 2 of the Application where the applicant stated that no reasonable return is possible. If a one family house or two family house were located on the property, the only thing that would change would be that rental income could be obtained from one unit. Mr. Muller felt an updated mobile home could be put there, if a Site Plan Review was approved. Referring to the Zoning Ordinance (4.030.f), Mr. Kelley said that the purpose of single family, residential zones is to establish residential neighborhoods where the character is strictly single family detached resid- ences on standardized lots. The character will be strictly reinforced and preserved through SFR zones. Public Bearing Ope.ed. Public Bearing Closed. Warren County Planning Board disapproved the application, as the area is residential and it was felt a duplex should not be allowed or en- couraged. Mr. Kelley moved DISAPPROVAL for Use Variance No. 1342, James P. Shovah, because he feels a reasonable rate of return is possible on the property as zoned, there are no unique circumstances, it would alter the neighborhood character and that it is not unreasonable to ask for a single family dwelling. The ordinance states that the area is meant for single family, and the duplex would change that quite a bit. Seconded by Mr. Sehr. Pa.... Uaanimously 8 '-' AREA vnIAI1CE RO. 1343 John L8Cain d/b/a Star Homes, Inc. Mr. dwelling Sullivan deck to house. Kelley read the (two story), no Place, SFR-30. be situated on application for construction of a single family garage, at the corner of Sullivan Road and Dimensions will be 22 ft. x 42 ft. including a both the north and south sides of the proposed Mr. John L8Cain represented the project. Mr. Behr summarized some of the problems confronting the application: 1) the site is pre-existing and non-conforming, 2) the site is 6,000 sq. ft. in a 30,000 square foot area, 3) the Soil Conservation Service re- cently designated the soils as unsuitable for on-lot sewer systems (this site has well and septic), and 4) this being a corner lot, there are two front setbacks. Mr. L8Cain explained that the largest sized building allowable without a variance would be approximately 10 ft. wide x 50 ft. long, and the only structure that might fit in there would be an old-type mobile home. He did not feel the area would support a mobile home. The lot was set up in 1947 on a subdivision map, and the former owner is a gentlemen who pur- chased it in 1952 and held it until recent negotiations. Adjacent neigh- bors have been contacted regarding their well and septic facilities, and the proposed locations would comply with New York State Health setback requirements. The proposed structure is 22 ft. x 42 ft., with reliefs of 7 feet in the front yard facing Sullivan Place and 5 feet in the rear yard parallel to Sullivan Place. Mr. Muller questioned about the overhangs and was told that the eaves would not extend beyond the 22 ft. The living area is the 22 ft. x 30 ft., which is the interior area - inside walls. A leach field is planned at present. There are three suggested bedrooms, there is no garage or fireplace. Mr. Kelley felt that, based on the lot size, the plan shown is as reasonable as one can come up with, specifically being only 22 feet. Mr. Prime felt that if soil composition is to be considered to a greater degree, then there has to be additional proof other than the state- ment of the Town Planner. Mr. Muller agreed and mentioned that he had dis- cussions with other applications most often in the Lake George area, and they feel that the Boards lack the jurisdiction and expertise for place- ment of the septic systems. It is unfair to go through questions and answers on something about which they are not intelligible. Mr. L8Cain affirmed to Mr. Turner that he was aware that the property was zoned SFR-30, but that he also knew it was a pre-existing lot. Mr. 9 Behr mentioned self-created hardship; however, Mr. L8Cain felt he had presented to the Board his practical difficulty in that, in order to stay within the ordinance, the only allowable structure would be approximately 10 feet x 50 feet, which is the entire buildable area of that particular lot. The lot was purchased from John and Ruth Maurer; prior to the pur- chase a search was made to find another lot, neighboring or separate, and none was available. Charles Maurer, nephew of the former owners and licensed real estate agent with Manor Homes, stated that his uncle had the property for sale for approximately 10 years, via signs, word of mouth and through Star Homes, Inc. As recent as two years ago, there were some bites but the purchasers did not want to go through the problems of a vari- ance. Star Homes originally bought it, they were residents in the area and since moved to Pennsylvania. PuJdic Hearing Openecl. For the application: none. Opposed to the application: Jill Sullivan Rosenkrantz: Mr. L8Cain verified to Ms. Rosenkrantz that he is not planning to live in the house. She mentioned her grandfather subdivided most of the pro- perty and felt that the purchaser could not have paid more than $50.00. All the lots are small, including one rental site on which she could not rebuild. The character of the neighborhood is trying to change from small camps, where people come in the summer and leave vacant homes the rest of the year. Ms. Rosenkrantz questioned if the well was far enough away from the septic system. Mr. Prime: It has to be - 100 feet. Ms. Rosenkrantz objected to having a contractor purchase the land, build and sell to make money, she stated she would like to see someone buy adjacent property and build a large home. Mr. L8Cain emphasized again that no neighbors were willing to sell. Nancy Sullivan (last name intelligible): The speaker confirmed that originally this area was subdivided for camps, and is concerned that a precedent will be set if the variance is approved, resulting in an overuse of the area. Elizabeth Shave: Sullivan Drive Ms. Shave is opposed for the same reasons stated above and that the lot is too small. Mr. L8Cain pointed out that her lot is 75 ft. wide and 100 ft. long and has a house and garage. Lucy Linindoll: Sullivan Road Ms. Linindoll wanted to go on record as being in opposition. Public Hearing Closed: 10 Mr. Kelley read a letter from Jeanne Sullivan, Sullivan Road, as being in opposition (on file). Mr. LeCain further noted for the record the subdivision map that was filed entitled: -Map of a Part of the Lands of John H. Sullivan and Others,- listed several Sullivan families and some Kelly's. The point is that if there was perhaps some forethought back at that time there has certainly has been some gain that went to the Sullivan's be it $550 as represented by the deed stamps on the particular date along with $1.10 consideration back in 1952. The planning should have been at that point as opposed to this point as far as the Sullivan family is concerned, they are the ones who created the lot. He also pointed out that Lot 4 appeared as though it had been subdivided and cut off into a 75 ft. x 100 ft. piece and adjoined with Lot 5, therefore, leaving a more substandard lot (75 ft. x 100 ft.) than was created in 1948, when the Sullivans filed their partic- ular map. Mr. Prime questioned if the subdivision map states anything about the use of the lots, or camps. Answer: There is no reference whatso- ever. Mr. Prime: The map doesn't say this is a subdivision for summer camps? Answer: No. Ms. Rosenkrantz: The house she owns was originally for a camp, and remodeled, as was Ms. Linindoll's. Most of the homes in the area were built more than 20 years ago and were camps. Mr. Prime pointed out that the Sullivan's have changed their camps into residences, therefore, they have initiated the change themselves. Mr. LeCain presented to those residents in opposition a picture of the proposed structure. Ms. Rosenkrantz again stated that her point is that a builder has bought this for profit, who has no hardship, he knew it was not the right size and expected the town to create a variance. She further stated that if the buyer was a neighbor on Glen Lake who purchased the land, they would have supported that particular person. Mr. Muller explained Queensbury's process of dealing with undersized lots. Can he get relief from the setback? That is a yes or no. Can he show practical difficulty? The lot is never getting any bigger and Mr. LeCain wishes to put a small house on it because it is a very small lot. What happens to the sewer and septic? The Board cannot answer those questions because they have not been given the jurisdiction to look at that area and the Board does not have the expertise. Referring to the residents' feelings about this happening to the other little, undeveloped parcels of property, he said that they are all vulnerable, even if the new Master Plan goes into effect, as long as they are pre-existing, non- conforming and not bounded by adjacent property of the same owner. The ordinance concerning joining lots together was initiated in 1983. In discussing the setbacks, Mr. LeCain pointed out to the Board that he would be willing to shift the house closer to Sullivan Place, to give more of a separation between the proposed site and the house that is on 11 Sullivan Road (Lot 13). However, Mr. Kelley feels that the house is appro- priately set now. There will be no parking on the road. Mr. Muller moved APPROVAL of Area Variance No. 1343, John LeCain, for a five foot relief from the rear yard setback (15 feet instead of 20 feet), and a seven foot relief from the front of the house on Sullivan Place (23 feet instead of 30 feet). The applicant has demonstrated that the lot is small and it is a pre-existing, non-conforming lot. There are no adverse affects on public facilities or neighborhood character because it is a single family residence being built in a single family area. The issues as to feasible alternatives have all been discussed, including try- ing to sell the property or to build nothing. The request is reasonable considering the size of the lot. The footprint of the house is 22 ft. wide x 42 ft. long, which includes the overhangs, eaves, no chimney. That is the maximum size of the building that is being permitted in this Resolu- tion. Seconded by Mr. Behr. pas.ed Øaaatmo..ly. OLD BUSDlBSS USB VARIARCB 1327 Glenn Gregory There uncertain Lee York, Mr. Prime there is no was no representative in attendance. Mr. Turner stated he is of the status of the variance, because of a telephone call to Sr. Planner, from Malcolm O'Hara and Ms. York is out of town. suggested tabling the variance until May, with the provision if hearing at that time, the variance will be withdrawn. Mr. Turner moved to TABLE Use Variance 1327, Glenn Gregory, with the provision that, if there is no hearing next month, the application will be removed. Seconded by Mr. Sicard. pas.ed Vaaaiao..ly. ZOIUIIG BOAItD BUS,IDSS ADA VARIAIICE 110. 1328 12 --- The Tirehouse Warehouse, Inc. Mr. Turner stated he had received had received a letter from the chair- man of the Queensbury Beautification Committee in reference to the build- ing permit (Exhibit D), which stated that a representative from the Tire- house Warehouse would attend a meeting and this obligation has not been met. The Beautification Committee requests that the building permit be rescinded and a Stop Work Order be issued. Mr. Prime, Counsel, agreed. Mr. Turner moved that a STOP WORK ORDER be issued for Area Variance No. 1328, The Tirehouse Warehouse, Inc., until they meet with the Beauti- fication Committee. Seconded by Mr. Sicard. Passed Unanimously. The meeting was adjourned at 9150. ~ ºtá4Ur Theodore Turner, Chairman Minutes transcri~~ ~ 13 tIAe Utl1. 1:23 ~ Þ1 C# ~ ffu-J Ass 0 c t "..,cf,t ð11 · JAMES A. DAVIDSON ATTORNEY AND COUNSELOR-AT,LAW 76 BAY ST(REET GLENS FALLS, NEW YORK 12801 March 28, 1988 15181 7G3-Slfj79 Town of Queensbury Zoning Board of Appeals Queensbury Town Office Building R. D. #1, Bay and Haviland Roads Glens Falls, New York 12801 TOWN O~ ~UEENSBü;':, I' í ~ W-.ÆUW~~rrn tl~ l\iI<lrt 2 ¡ 1988 '>¡il!J Re: Masonic Hall Association of Glens Falls, Inc. Use Variance No. 1239 Burke Drive, Town of Queensbury Pt.AI·~:¡jil'èü & ZOh¡¡~G DEPM11MENr Gentlcmen: The zoning Board of Appeals on April 22, 1987, granted the Masonic Hall Association of Glens Falls, Inc., a use variance for property situated on Burke Drive, copy of which I herewith enclose. This is to advise you that title to the subject property has not yet closed due to a problem in the title search which has resulted in prolonged negotiations and correspondence with New York City Attorneys. It is anticipated that this problem will be resolved shortly and that title will close and that the Masonic Hall Association of Glens Falls, Inc. will be the owner of the subject property. I am advised that the situation today is exactly the same as one year ago when the original applciation was made and it is their intent to proceed to build pursuant to the terms and conditions of the above mentioned use variance. On behalf of the Masonic Hall Association of Glens Falls, Inc., I request an extension of the Use Variance for an additional six months. I have read and approve the join E;;st. ~ Robert A. Rabe. ~~nt Masonic Hall Association of above and Very ët~ JAMES A. DA~N Enc. JAD/l b Glens Falls, Inc. 'J'fÎ, '17 '19 EXHIBIT A -..-.._-~~ WARREN COUNTY PLANNING BOARD Warren County Municipal Cenler Lake George, New York 12845 Telcphonc 518·761-6410 DATE: April 13~ 1988 RE: V1338 Dale Barrows Glen Lake Road Queensbury Planning & Zoning Office Town Office Building Bay & Haviland Roads Queensbury. N.Y. 12801 Gentlemen/Ladies: TO: At a meeting of the War,ren County Planning Board, held on the 13th. day of April~ 1988 ,the above application for a Use Variance for a ~roposed mining/reclamation project on an existing parcel. was reviewed. and the following action was taken. Recommendation ) Approve ( Disapproval ()() Modify with Conditions ( Comment: Variance was approved ltt~ the conditions that they only 6 days a week from 7 a.m. to 5 p.m. for 4 years. and that there be equipment on the property than what, is already there. to: Return operate no more -------------------------------------------------------------------------- It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M. with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1.) The Warren County Planning Board shall report its recommendations to the referring municipal agency. accompanied by a full statement for such actions. If no action is taken wit~in thirty (30) days or agreed upon time, the municipal agency may act without such report. 2.) If the recommendation is for disapproval of the proposal, or modification thereof. the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. 3.) Within seven (7) days after the· final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipality agency shall file a report with the Warren County Planning Board on the necessary form. V.inCf>nt Spití'.er. Vice Chairman Jown 0/ Queenjbuf'fj O!)EENSBUP-,. Y TOWN OFFICE BUILDING (I~ ~ .{ \\ Û;/ ~. If. ,-~I- BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 ïOWN OF QUEENSBUi<\' ~~~;~~ PL~j~,~tNG /;.. ZONiNG From: Queensbury Committee for Community Beautifi~~MENT Robert L. Eddy, Chairmant~ Re: Area Variance #1340 Grossman's Inc. - Quaker Road -- - ---- r.;:.. . 4/8/88 'I'o: Warren County Planning Board Queensbury Zoning Board of Appeals Applicant .... Robert C. Cook of the Construction Department of Crossman's gave our chairman a sit.e tour of the Quaker Road property. A proposal was made to install some plantings in the front of the property. Mr. Cook committed Grossman's to the placement of seven Shademaster locusts and eighteen spreading yews (three trees and a cluster of three yews in front of the building and four shademaster locusts with fifteen spreading yews in clusters of three in the triangle at the northwest corner of the prope r ty ) . Mr. Cook further agreed to retain the natural growth in the triangle in the southeast corner of the property. tJ Although the proposed addition is only.1%-feet from the easterly property line and the proposed new shed that is on the southerly edge of the property bordering a residnetial zone and a railroad right-of-way, the Beautification Committee is passing this portion on to the Warren County Planning Board and the Queensbury Town Zoning Board of Appeals without comment. EXHIBIT C SETTLED 17f¡3.. . HOME OF NATURAL BEAUTY. .. A GOOD PLACE TO LIVE TOWN OF QUEENSBURY COMMITTEE FOR COMMUNITY BEAUTIFICATION Robert L. Eddy, Chairman 17 Owen Avenue Queensbury, N. Y. 12801 Mrs. Arthur J. Seney, Secretary B QUeensbury Avenue Queensbury, N. Y. 12801 To. (:x) Warren County Planning Board Date. 2/8/88 ( ) Queensbury Town Planning Board (x) Queensbury Town Zoning Board of Appeals (y) APpli cant .. Variance # 1328 The Tire Warehouse 15 Boulevard We have reviewed the ( ) Other - and have ( ) Approval Re. request for. (X) Variance, ( ) 5i te Plan Revi ew·, the following recommendations. ( X) Di sapproval This application has been disapproved by our Committee as data for landscaping, screening and plantings for the above applicant for a Site Plan Review or Variance has not been submitted or is incomplete. Would you please, therefore, refer the applicant to our Committee for approval of its plans prior to granting the application pending before your Board or before construction permit has been granted. You and the Building Department will be notified just as soon as plan~ have been approved by us. ~ Respectfully Submitted, ~/.é..(1 Robert L. Eddy Chairman The committee is concerned about the disposition of old tires which have been allowed to acumulate in the past, as well ·as with landscaping plans. ...; EXHIBIT D