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1988-07-27 SP QUEDSBURY ZOBI.O BOUD OF APPEALS SPECIAL Meeting Wed~esday, July 27, 1988 at 7130 p.m. Present I Theodore Turner, Chairman Gustave Behr Daniel Griffin Susan Goetz, Secretary Jeffrey Kelley Paul Dusek, Counsel Daniel Ling, Asst. Planner Mary Jane F. Moeller, Stenographer Absent I Michael Muller Charles o. Sicard Mr. Turner called the meeting to order at 7130 p.m. and announced that Use Variance No. 1385, Clark's Used Auto Parts, is TABLED per the request of Garfield P. Raymond, Esq., pending receipt of relevant documentation from Niagara Mohawk Corporatio]o. BD BUSIDSS ADA VARIAlICB lIIO. 1383 Champlain Oil Company The proposal is for a cant:)py over the existing pump islands on Route 9 HC-15. Mr. Anthony Cairns repr,asented the project, and verified that there are two islands, 26 ft. x 50 ft., to which there will be no changes made. There are two signs I 1) 3 ft. x 3 ft. free-standing sign, which is pre-manufactured and lighted from the interior, and 2) a Colonial Mart sign on the building. Wh,an the road was widened, five feet were taken from the property. If the clorrect setback of 20 ft. is taken, the canopy would be placed in such a manner that customers would not be able to remain dry in inclement weather. The canopy is intended to cover 10 feet, 6 ft. for a car and 2 ft. on ,either side for customer movement. Pumps can be approached from either side. Mr. Cairns explained that the primary reason for the canopy is competi- tion. During rain, snow, e·tc. customers will make their purchases else- where, and this has caused a hardship. The end of the canopy would be where the concrete ends. The ¡pumps are pre-existing to the present owner. Public Bearing I no comment 1 Correspondence. Warren County modified the request by recommending a 20 foot front setback. Mr. Behr moved APPROVAL of Area Variance No. 1383, Champlain Oil Company, in that there is no new setback distance established for the re- quest for the canopy, because the pump structure is already at that dis- tance. There is no other effect on the area. Signage will conform with the Queens bury Sign Ordinance. Seconded by Mr. Griffin. Passed Unanimously AREA VARIARCB RO. 1383 The Design Function Edward F. Ostberg The proposal is for a second story addition and attached garage at 4 Connecticut Avenue, UR-S. Mr. Edward Ostberg represented the project and explained to Mr. Behr that there is a three-story addition on the back of the building. When the second story on the front is built, the same roof line will be con- tinued to the back and the third story will be removed. The plan is to provide four employee parking spaces on the property, no special allowance is made for customers, because most of the business is conducted by tele- phone and a FAX machine. There is a septic system on-site. Mr. Ostberg explained a correction to the submitted drawing, the septic system is in front of the house, but the contractor stated that some of the leach pipes go to the back of the property, under the proposed garage. The septic system will not be under a paved driveway. The amount trucks. Design Function is an of in-house production, advertising agency and conduct a minimum such as silk screening, logos, signs for Mr. Turner explained that the septic system is in violation of the Sanitary Ordinance, as it cannot be in the driveway and no traffic can be driven over the area. The concrete septic tank is pre-existing. Mr. Ostberg said that the garage will be used for storage of equipment and be used as a shop. No trucks will be stored in the facility, however, vehicles would be driving over the septic system. The reason that applica- tion requests construction for a garage is because a large door opening is needed, in order to move large signs in and out. 2 Town water is supplied to the facility. Requested changes from the first Variance have been made. Mr. Ostberg explained that, when the com- pany moved into the location, there was no heat, water, or any other improvements. There was a discussion regarding growth of the business and Mr. Ostberg said that moving to another location is presently a financial impossibility, he verified that there is no more room for growth with this building and does not anticipate requesting another Variance at this location. Public Hearing. Barbara Campbell. next door neighbor. Ms. Campbell felt the site would be an improvement, if it is completed as per the design. She had questions regarding the septic tank and the timetable for the project. Mr. Ostberg said his plans would be to make the alterations as quickly as possible, because his business is in opera- tion. The contractor indicated a month to six weeks. Mr. value of tion to Variance. tion. Ostberg indicated that the proposed changes would make the resale the property higher, and also improve the house. He has an op- purchase the building, which depends on the outcome of this Use He has been searching for a year to find another suitable loca- Dexter Campbell. next door neighbor. Regarding the septic system, Mr. Campbell said the drainage field does not run per the sketch. There are two drain lines that run west to east toward Skellie's" there are 75 feet of line and the contractor had to add 150 ft. of drain. One leg of the system would be outside the line of the garage, and one would be under the garage. The septic tank is about where it is on the sketch (in line of the driveway). Since no vehicle is per- mitted to drive over the septic system, Mr. Campbell suggested a curb at the road edge, grass the area, and then carry the merchandise to the garage. He agreed that the proposed work per the sketch would be an improvement, any further development should not take place as the property is only 60 feet wide. Mr. Ostberg verified there would be no living quarters. Regarding parking, Mr. Turner advised that, if the business is commercial, six parking spaces would be needed. There is 4000 square feet in the building. The front room is 26 x 40 feet and there are two (2), with a 27 x 16 ft., three-story addition on the back. Designer Function utilizes two stories of the building. Mr. Turner summarized that a Variance was granted two years ago to operate at this location, the hardship was shown. Now the applicant is asked for expansion of the use. The site has been used for storage by the owner, Henry Knoblauch, but has not been used as a residence. 3 "-,.. Correspondences None Hr. Griffen moved APPROVAL of Use Variance 1384, The Design Function. This is an expansion of a pre-existing, nonconforming use. A Use Variance was previously approved and the hardship was established at that time. When completed it will improve the appearance of that area. There is no adverse affect on the neighborhood character. There will be one stipula- tions the applicant has indicated he would provide a curb to extend the line of the building, in order to maintain a green area. Seconded by Mr. Kelley. Passed unanimously AREA VARIAIICB BO. 1386 Joseph Sanzone The application is to maintain the existing nonconforming shed at 3 White Pine Road, off of Sycamore, SFR-20. Hr. Joseph Sanzone represented the project and explained that the shed was installed last year. He was not aware he was in violation, until his home was re-assessed. The shed is 12 ft. x 16 ft. and will be used for storage. Hr. Sanzone said he was unaware of the setback requirements. The 6 ft. fence is not on the property line all the way around, it is 1 1/2 feet inside the line at the location of the building, and 8 feet in on the other side. There is a concrete floor with wood flooring over the concrete. There was discussion regarding the setback requirements which is 192 sq. ft.. For a building under 200 square feet, ment is 20 ft. from the rear line and 15 ft. from the side. building is 1 1/2 ft. from the rear and 8 ft. from the side. of the shed, the require- The present PUBlic B~in9's no comment. Correspondences None. Hr. Sanzone mentioned that if he has to move the shed, the entire bottom will have to be destroyed. It cannot be broken up, as there are 2 x 6's are on the outside, and 2 x 4's ~nning above that. The concrete is all the way under it and into the 2 x 4's. He did not understand why the shed would have to be put 20 feet inside his property (ies safety?). Mr. Sanzone said he received calls from six of his neighbors, who stated that the shed does not bother them. " Public R~ing Re-Openedl Keith Coel 34 Willow Road Mr. Coe said that his property line shares that of the applicant and that the shed does not bother him. The shed is approximately 6'4- to 6'6- in height, one corner is hidden by trees. Public R~ing Closedl Mr. Kelley moved APPROVAL of Area Variance No. 1386, Joseph Sanzone. The hardship is that the structure is 12 ft. x 16 ft, which is a good sized building. If he would be forced to move the building 20 ft., it would be a sizeable task, because of the construction of the floor. Moving it would ruin the bottom of the structure. It is close to the property line, but the neighbors do not object. Seconded by Mr. Turner. pa.... 4 Yes (Kelley, Turner, Goetz, Griffin) 1 No (Behr) 2 Absent (Muller, Sicard) USB VARIANCB RO. 1388 Adirondack Animal Hospital The application is for the expansion of the nonconforming use of the Adirondack Animal Hospital, 395 Ridge Road, SR-30. Robert Joy, Architect, and Dr./Mrs. James R. Glendening discussed the Variance. Mr. Joy reviewed that Dr. Glendening's initial Variance for the Master Plan, Phase I, was 10 years ago, timing was over a five-year per- iod. The proposed expansion is similar to Phase I, expanding 10 feet to the front, sUrgery area to the back, outdoor runs will be enclosed. The goals are to increase in number and improve the layout of the examining rooms, Provide a more convenient reception and waiting area, improve traffic flow on the property, DOT has sent a letter of approval in the concept and layout. The applicant is seeking five specific items I 1. expansion of a nonconforming use in accordance with Article 9, this is pre-existing the ordinances, 2. consider apProval of phasing the project, because some areas have to be built before others, in order for the business to be run on a con- tinuous basis, 5 3. relief Section office, sq. ft., from/or interpretation of parking requirements, Article 9, 7.072, closest definition is that this is a professional but does not meet or need the parking requirements of 1/100 4. request exemption from minimum parking space requirements of 10 x 20 ft., Article 9, Section 7.071, 5. relocation of existing signsl on the building and a free-standing sign in front that does not meet setback from Ridge Road. There are no setback or permeability problems. Approval has been received from Warren County planning Board, NYS Department of Transporta- tion, appearances will be made at the County and Town planning Boards in August for site Plan Review. Dr. Glendening discussed the phasing and mentioned that, although Phase I was for a five-year period, construction and interest rates slowed completion. He emphasized that each one of the construction areas is interrelated, when one part is being built, another area has to be set up to carry out that particular function. In addition, he wants to stay in business during the construction period and, with no phasing, this would be impossible. Therefore, another five-year phasing period is being requested, and the primary thrust is the front portion. Mr. Joy clarified the reason for the phasing. In fairness to the com- munity, the applicant did not want to go back to the neighbors year after year, without advising them of the long-range plan. For the same reason, the applicant did not want to constantly have to appear before the Boards. Business would also not be run smoothly and efficiently, without interrup- tion to the clients. concerning employees, Dr. Glendening said there are three doctors and a practice. There are two examining rooms, the national ratio is at least one more examining room than there are doctors. Presently, due to space limitation, clients are seen in the surgery room, x-ray table, outside on a car, if necessary. The hospital is still functioning with the same Wait- ing Room, it needs to come up to date. Mr. Joy explained that none of the mature maples in the front will be cut down. Nine or ten pine trees on the north will have to come down to make the driveway. There are a group of four pine trees that are being incorporated into an island with a patio, at the front entrance, in addi- tion to relocated and new landscaping on the front. There was concern about the dip in the road at the driveway entrance. Mr. Joy explained that there is a drainage swale that runs along Ridge Road, DOT indicated that that would have to remain. The applicant would like to lower the dip at the north end, however, in order to determine the feasibility, a topography map is needed. A culvert was suggested, but the State would have to agree to it. 6 ---- Regarding the outdoor runs, Dr. Glendening emphasized the concerns with animal runs: insect control, ventilation control, seasonal use. During inclement weather, the runs cannot be washed down and disinfected, therefore they cannot be used. Two reasons for enclosing the runs are: 1. EarltoVDa projection of noise backwards (away from the neighbors). Neighbors will be in the back and animal sounds must be contained. 2. Increased Use: of the year. Enclosure means the runs can be used for more months The runs will be totally enclosed, with windows for ventilation. There are two signs: one on the building and a free-standing wood sign. The wall sign would stay on the building. The proposal is to re-locate the free-standing sign by the northern trees, so that it can be observed. On a regular basis during calling hours, the average number of employ- ees is about 12 - 15. Hours are approximately 6 am to 10 pm. The work- force will not change with Phase 11. The reason there are 18 Waiting Room seats is so that animals are separated, even though the people may be back- to-back. Mrs. Glendening stated that information received at a recent veterinary Conference is that the ratio of seats to clients is 4:1. On an average, there are approximately three to five clients at once in attend- ance at Adirondack Animal Hospital. It is inadvisable to have too many animals in the Waiting Room at once, because of unfairness to the clients, chance of mishandling in the area, and disconcerting noise to the entire building. Booths are proposed to keep the clients as calm as possible and to offer privacy, this also would eliminate a middle aisle. Regarding parking in the low density area, Mr. Joy explained that presently there is random, unmarked parking. Requirement for parking is 1/100 sq. ft., if the business is to be considered professional and not commercial. The nearest house to the parking area is approximately 300 ft. away. The proposed parking will be more than what has been removed (16 spaces). Dr. Glendening emphasized that he does not want parking out front, because it would disrupt an attractive building and site. If more spaces are needed, then Staff would be requested to double park in back. Right now, he feels comfortable with the proposed parking and that the traffic flow will continue to run smoothly. There is 240 feet in the back which could be used for parking expansion. If the code is followed, 50 spaces would be needed, proposed are 29 paved spaces on the north side of the building and a few spaces in back. Mrs. Glendening feels that so much of the building does not deal with generating parking spaces. All solic- itors are scheduled and do not arrive during busy hours. Public Rearinga George Jameson: 393 Ridge Road 7 .- M~. Jameson e~plained he is the closest neighbo~ to the property, and is in suppo~t of the Va~iance and submitted a lette~ (on file). pUblic B~iDg Close.a Co~~espondencea M~. Jameson's letter of suppo~t was ~ead (on file). Wa~~en County planning Board app~oved. Mr. Joy noted that, in his 12 years of Practice, he has never done a 10 ft. x 20 ft. pa~king space. He ~efe~~ed to three documents verifying national standards, the Architectu~al Graphics Standards is conside~ed the architect's -bible.- The difference between a 10 x 20 ft. space and a 9 x 18 ft. space is 23' in area. Either you get 23' less pa~king in an area, o~ 23' mOre site area out of green space, both of which he feels is counte~p~oductive. Another facto~ is there is no cu~bing, there a~e no obst~uctions and the~e is no head-to-head pa~king. The real hardship in this case, other than ~educing the cars lengthwise, is that it would cut into the buffer zone, which is already tight given the fact that the appli- cant wants to maintain the trees. M~. Joy feels that there is a practical consideration in conside~ing smaller-sized parking spaces. Mr. Behr pointed out that one of the documents stated 8 1/2 foot wide spacing, as a minimum width. The design is based on smalle~ sized ca~s. M~. Kelley moved APPROVAL of Use Variance No. 1388, Adirondack Animal Hospital. This is an expansion of a Pre-existing, nonconforming use that had a Master Plan previously apProved by the Zoning Boa~d of Appeals, July 1978. It seems to be an improvement of the original Master Plan, as to the f~ont setbacks. In this SFR-30 zone, it would be difficult to make this site into anything othe~ than what it is now, it does not appear to be able to be used as a ~esidence. The Use Variance is not detrimental to the Ordinance, and that the closest neighbo~ approves and likes the changes. phasing would be ove~ a five-yea~ pe~iod waiving a one-yea~ ~equirement. Previously this Board has made an Inte~~etation that this would be considered a p~ofessional use. The Board would allow a deviation from the O~dinance in the parking requi~ements. The parking requi~ements would bea 50 spaces to be requi~ed, 29 will be paved at Present. The~e is suffi- cient area in the ~ear of the building to p~ovide additional parking, if needed. The Present signs will be utilized in the new plan. The free- standing sign, which is p~e-existing and nonconforming, will be re- located, but will need the same setback va~iance, the setback is noted on the p~esent sign pe~mit. Seconded by Mr. Tu~ne~ passed Ðnant.ously 8 --- AREA VARIAlICB RO. 1389 Pete~ Fraser The Proposal is to const~ct a single family dwelling on the vacant land, with a 12 ft. setback on each side in lieu of the required 20 ft. minimum. The location is on Ridge Road, east of Lake George, RR-5A. Mr. Ling property, it ground water property. stated to the Board that there are no DEC wetlands on the is quite a distance away. The PrOpe~ty is very wet and the level is perhaps one to two feet deep, over most of the Peter Fraser represented the Project and said he CUrrently does not own the prope~ty, John Aust is the owner. Mr. Fraser has an option to buy. The Property is 50 ft. x 150 ft. and a variance is needed for side setbacks of 20 ft., which are shown as 12 ft. Mr. Fraser said that David Aust owns the property next doo~, which is vacant, in addition to the adjoining property on which his residence is situated. There is an arte- sian well on the land to the west, and the well flows through a stream in back of the property, which flows south behind the Aust land that joins a brook. With the fields growing into the stream over the years, Mr. Fraser feels that a sUrface moisture has been created. If Proper care is taken in making the stream more effective, a lot of the ground water could be eliminated. Mr. Fraser dug test holes and found that there is much sUrface water accumulating, but not much below. The holes did not really perce Holes were dug four feet until solid rock was hit, the size being approximately 4 ft. x 6 ft.. Some water did seep aCross the bedrock, but not much. In the location of the proposed house another hole was dug, and there was minimal water noticed on top of the bedrock and a lot less on the sUrface. There is a rock ledge, where the mountain comes down. Public H~in9' Opened. David Aust. owner of properties to the south. M~. Aust mentioned that he owns the vacant lot next door, which is the same size as the proposed lot, and a 100 ft. x 150 ft. lot where his residence is. There is all bedrock in the area and, as far as the water table is conce~ned, he did verify the stream which M~. Fraser previously discussed. The stream ~ns all year long. Mr. Aust is in favor of the application and has no problem with the 12 ft. setback. He has never had a Problem with his septic system, which was pre-existing to his occupancy, he has owned the house ten years. The well is a drilled well through the rock, 64 ft. down with 42 ft. of water all the time, there have never been water Or septic problems. The road height is higher than 150 feet back 9 from the in the f:t;7ont. road, when the water comes off the mountain, it tends to back up fields instead of flowing to the ~ainage ditches at the road M:t;7. Aust the:t;7efore, he lot next doo:t;7. stated his long-range plans are to combine his two lots, would not conside:t;7 selling to Mr. Fraser the 50 ft. vacant All of the lots along the :t;7oad a:t;7e na:t;7row. Mr. Kelley exp:t;7essed concern about the size of the lot and the 12 ft. setback on each side, when conside:t;7ing the floor plan for the house. Mr. Fraser explain that he would like a three bedroom house, but the layout will be contingent upon what the septic approval would be. There are so many feet of leach/bedroom and there may be necessity of a septic var- iance. The Building Department has to inspect the site. Mr. Fraser did confi:t;7m that it would not be feasible to build a ga:t;7age, and there would not be one in the future. Buying the lot is contingent upon the outcome of this Va:t;7iance and the decision of the Building Department. P\lbllc He8J;.'ingl no comment. Co:t;7respondencel Warren County planning Board approved. Mrs. Goetz read a letter from Mr. Robert Schultz, neighbor, stating no objections to the 12 ft. setback, but he did express concern about the sUrface water and waste wate:t;7 (Exhibit A). Mr. Griffin moved APPROVAL of Area Variance No. 1389, Peter Fraser. The applicant has demonstrated practical difficulty in that the lot is 50 feet wide, and he is asked for an 8 ft. relief of a 12 ft. setback. This is a pre-existing vacant lot of record. There will be no adverse affect on pUblic facilities, and there is no feasible alternative. Seconded by Mr. Kelley. pa.sed Unanimou.ly ZONING BOARD BUSIDSS DU:t;7ing the meeting, Mr. Behr expressed his conce:t;7n about not being able to locate sites to be inspected. Mr. Griffin expressed the same concern and asked if the applications could be better ma:t;7ked, perhaps with a map, neighbors' names, street signs, intersections, distances, etc. Mr. Ling said he is cognizant of the situation and will take steps to improve directions. 10 - M~. 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