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1988-08-24 SP '--- -./ QUBBRSBUIY ZO.I.G BOUD or APPEALS SPECIAL Meeting. Wednesday, August 24, 1988 at 7.30 p.m. Present. Theodore Turner, Chairman Daniel Griffin Jeffrey Kelley Susan Goetz, Secretary Michael Muller Charles o. Sicard Paul Dusek, Counsel Lee York, Sr. Planner Daniel Ling, Ass't. Planner David Hatin, Dir. Building/Codes Mary Jane F. Moeller, Stenographer Absent. Gustave Behr Chairman Turner called the meeting to order at 7.38 p.m.. REW BUSI..SS AREA VARIANCB RO. 1394 Jane Potter The application is for a one-car garage and overhead storage on East Meadowbrook Road, SR-30. Jane Potter represented her application and verified that there are three (3) feet between the proposed garage and the lot line. Mr. Kelley said that a 13 foot garage is the smallest size into which a car could reasonably be put. The lot to the south is 1.32 acres and Ms. Potter's lot size is 7S ft. x 100 ft. Ms. Potter informed Mr. Turner that she was not going to tear the old driveway out, but it can be done, a two-car driveway exists now and one more was going to be installed. The septic system is behind the new addi- tion to the rear, it will presently be on the Town sewer system. Public Hearing Opened. no comment Mr. Kelley moved APPROVAL of Area Variance No. 1394, Jane Potter. The applicant has shown practical difficulty, as the lot is only 7S ft. wide x 100 ft. deep, and the proposed one-car garage is 13 ft. wide, leaving three feet (3) setback from the South property line. It appears to be reasonable, becàuse there is no other place to put the garage. The appli- cation does not appear to be detrimental to the area. A stipulation is that, when the new garage is built and the driveway is added, to the 1 >- ~ North there will be remaining enough blacktop for one more car, a total of two (2) cars in the driveway, not three (3). Seconded by Mr. Sicard. Passed Unaniaously SIGN VARIANCB NO. 1395 Dunham Shoes The application is to remove the existing signs and replace with metal panels (painted) at the intersection of Routes 9 and 149, HC-15. To add flood lights or similar lights above to light up the exterior. Mr. Louis Alfonso of Alfie Sign Company represented the application and explained the panels I 3 ft. x 10 ft. wDunham's pootwear,w 1 ft. x 6 ft. wPactory Handbag Store,w and 1 ft. 6 in. x 10 ft. WBig and Tall Men's Clothing.w Mr. Turner reminded Mr. Alfonso that the last time Dunham Shoes was before the Board it was indicated that this was a Plaza, the Sign Ordinance allows one free standing sign and the rest are on the wall. Not everything can be advertised on the pylon sign. Mr. Dave Grover, Dunham Shoes' Advertising Director, advised that Dunham Shoes is the landlord for the entire complex. The sign will be painted the same colors. After further conversation, the general feeling was that there was a misunderstanding between the direction that the Board gave at the June 15, 1988 meeting, what the Ordinance requires and what the representatives understood had to be done. Mr. Turner read from the minutes of June 15, 19881 wMr. Muller sug- gested that Dunham research the sign rules and regulations, and perhaps devise a total sign package that would be coordinated with the rest of the businesses and, at the same time, be legal.w WMr. Turner moved to TABLE A total plan package is necessary including setbacks, coordinated-color scheme, sizes of signs, etc.w WMr. Grover did state that Building Inspector's Office to (At this meeting Mr. Grover stated or's Office.) he understood that he was to call the see what the maximum opportunities are.w he did not contact the Building Inspect- Since the applicants are from out of town, Mr. Muller advised that the Dunham representatives call the Building Inspector's Office and request that the Sign Or4i~.nc.e be .ent to them. After reading the Ordinance (in particular, Sectior, 'i .103) , the Building Inspector's Off ice was to be ~ 2 ~ --/ contacted again for confirmation of the correct understanding of the Sign Ordinance. Because Dunham's is a corner property on Routes 9 and 149, there are options available that have not been discussed at this meeting. Mr. Grover said they understand the sign ordinance a 50 square feet are allowed and that Dunham's are considered a Plaza. The applicant is apply- ing for the variance because the present building signs run directly hori- zontal with Route 9, and cannot be seen until one is on top of the busin- ess plaza. Therefore, that may create a problem with traffic and is the reason for wanting to indicate the businesses on the standing sign. Mr. Kelley pointed out sign stipulations for the outlet just south on Route 9, one free-standing sign indicating the mall, individual signs were high on the building ~nd the signs were color-coordinated with other signs within the entire mall. The Zoning Board is requiring the same restric- tions of Dunham's. Other applicants have come before the Board with worse circumstances and have complied with the Sign Ordinance. Mr. Grover felt that the Board mislead the applicants at the June 15, 1988 meeting and that the applicants complied with the Board's require- ments. Mr. Kelley also reminded the applicants that, at the time of the prior meeting, there were only two stores in the Dunham's complex, now there are three, which changes the situation. To clarify again, Mr. Turner stated that the code requirements area one free-standing sign that identifies the name of the plaza, wall signs designating the businesses associated with the plaza (coordinated in size, color, etc.). Because of signed lease agreements with the tenants stating that their businesses would be advertised on the free-standing sign, adhering to the ordinance may be a problem. Mr. Kelley offered to read the Section 6.103 of the Ordinance, however, Mr. Grover said they understand the requirements. Chairman Turner announced that Sign Variance No. 1395, Dunham Shoes, is TABLED by the applicant, so that they may rework the application. USB VARIANCB RO. 13" John A. and Mary F. Holcomb The application is to build a 30 ft. x 40 ft. enclosed garage for storage of trucks for the logging business on Sherman Avenue, across from Veteran's Road, LI-1A/UR-10. Elan Cherney, Esq., was agent for the application. Mrs. Holcomb explained that the property, LI-1A, has been grandfathered, there were trucks there before the Holcomb's purchased the property, which was two years ago. There is no light manufacturing, warehousing, professional offices, etc. The reason it is grandfathered is because Raymond Washburn, the previous owner, had trucks for 20 years and he purchased it from his 3 '-- ~ mother, all with the same use. The Holcomb's made their purchase with the same use in mind. The business is wood products, log and wood chips. Mr. Holcomb stated that he wants to build a garage in which to service the trucks and house them during the winter. The proposed garage would be 1200 sq. ft. to hold three trucks, trailers would be kept outside, two on one side and one on the other side. The hours are approximately 6s00 a.m. to 10sOO p.m., no trucks are run during the night. The trucks are flatbed trailers, there is no logging or unloading on the premesis. Although Mr. Holcomb trucks throughout the country, the logs generally are delivered to Canada. Mr./Mrs. Holcomb verified that there is another business conducted on the site, selling Christmas trees and fencing (Use Variance No. 1397). Mrs. Goetz pointed out that, under the new Zoning, the area will be residential. Mrs. Holcomb said that land opposite the proposed garage is owned by the City, the land to the North is owned by Dr. Hopper. Public Hearings Fors none, Opposeds Mr. Glen Wescotts 197 Sherman Avenues Mr. Westcott stated that the garage will not enhance the value or the lifestyle of the neighborhood. It is a residential zone with a very nar- row road, there are truck noises at different times in the a.m. and p.m.. Regarding the fencing and Christmas trees, there is no beauty, year-round the fencing lies around. Mr. Westcott said he lives two houses away on the same side of the road toward the City. Public Hearing Clo.ed Correspondences Letter from Christopher P. Anderson, neighbor, approv- ing the application. Regarding the structure, Mr. Holcomb said it will be a steel building, brown with white roof, one overhead door in front, 14 foot high x 12 foot wide, 15 foot eave, and two walk-through doors (one in front, one in back). There will be three tractors stored inside. Mr. Kelley moved APPROVAL of Use Variance No. 1396 John A. and Mary F. Holcomb. The applicant has shown that this is an expansion of a pre- existing, nonconforming use. The proposal is to build a garage, 30 ft. wide x 40 ft. in depth, with an eave height of 15 feet. There are four restrictions to the Variance. 1) The garage is to be used for the storage of trucks only. 2) When the garage is built, the site will be properly graded around the building to facilitate parking of trucks, once they are unhooked from the tractor. 4 ~ ~ 3) The dump trailers and used car must be removed from the site as soon as possible. 4) Use of the garage will be limited to normal business hours, 6.00 a.m. to 10.00 p.m. 5) The flatbeds will be 50 feet off the road, 2 flatbeds on one side and one flatbed on the other side. Seconded by Mr. Griffin. P.ssed Unaniaously USB VARIABCB MO. 1397 John A. and Mary F. Holcomb The application is for the occasional sale of products such as, but not limited to, sections of fencing and Christmas trees on Sherman Avenue, across from Veteran's Road, LI-1A/UR-10. Elan Cherney represented the applicants and said that the Christmas tree sale would be very seasonal - perhaps one to 1 1/2 months. They would be kept in a very orderly fashion and would not diminish the proper- ty values of adjoining owners. Regarding the fencing, it comes to the site in a somewhat rough condition, the Holcomb's do some work to prepare it for sale, which they feel is in line with the average Light Industrial requirements. The fencing would be kept in a neat and orderly manner, it is also somewhat seasonal. The problem is that there is some spillover in- to the residential part of the property, in order to accomplish the work. To prepare the fencing, Mrs. Holcomb said that nails have to be taken out and renailed, some boards are broken and have to be replaced, some boards are uneven and have to be replaced. Two trailerloads have been sold this summer, there are 500 sections of fencing to a trailerload. The lumber is taken off the truck by hand, restored and replaced on the trailer covered. Mrs. Goetz felt that the business use is more Highway Commercial (retail), rather than Light Industrial (warehousing). In addi- tion, there is a 50 foot buffer required on the UR-10 to the north and east. The driveway is in part of the buffer zone, where there is to be no parking. Mr. Muller summarized that the Holcomb's have a house in which they are living and, based on pre-existing usages, there are areas of reason- able use such as. living on the land, having a. business on the site. Re- tail sales are not allowed in UR-10 or in Light Industrial. There is no 5 '--' --/ proof of hardship, ie_ facts of dollars and cents, representations - real- tors. With the approval of Use Variance 1396, the nonconforming use will be expanding, thus there is a reasonable return on the property. Public .earing_ no comment Mr. Muller moved DISAPPROVAL of Use Variance 1397, John A. and Mary F. Holcomb. The applicants have been unable to demonstrate hardship to allow the variance. Seconded by Mr. Turner. pas.ed UnaDi~u.ly. USB VARIARCB NO. 1398 Christine Leone The application is for a professional erection of a frame structure sided with enameled aluminum, for the purpose of boat storage (will also have doors). No well or septic system. The location is on the East side of Route 9L, Star Route, Ridge Road, heading north (1 mile South of Warner Bay, Lake George), RR-5A. Christine Leone, co-owner with Felix Leone, explained that the proper- ty was purchased in 1975 and in 1977 the dwelling burnt down~ At that time, there were problems with the well and septic, in regards to the 100 foot zoning requirement. Raymond Buckley, Engineer, ran a perc test on the land for a potential purchaser, and he verified that it is impossible to adhere to the requirements. Ms. Leone stated she had another engineer for a customer who agreed with Mr. Buckley, and that four or five binders had been returned to potential purchasers. Ms. Leone explained that her only alternative is to erect a storage building, since she cannot build on or sell the property, with well and septic problems. There has been no attempt to buy additional land, since the present investment has been substantial. The proposed site was going to be Ms. Leone's dwelling, how- ever, because of the above-mentioned difficulties, she had to purchase other property for her residence. Regarding the proposed construction, Ms. Leone explained she wants to build to the maximum limit, as she wants to be able to accommodate any necessities in the future. The facility will be for winter and personal storage of items presently at her residence, three boats and an antique car, no space will be rented. Ms. Leone verified that she has tried to sell the property on and off for the past 17 years, in the past two years has returned several binders. 6 , '- --- However, the Queensbury Sanitary Zoning Ordinance has always been a prob- lem. Mr. Muller felt that there has to be an evaluation on the impact on the character of the residential zone, the size of the building must be considered. Answer. One quote received was for a building size of roughly 48 ft. x 65 ft., 12 ft. high door, 12 ft. high eave. Ms. Leone did not pursue further information because she wanted to find out what would be approved first, however, she was advised that the Board required all necessary information, in order for the application to receive appro- priate review. The site is in APA zone, and Ms. Leone did have correspond- ence on hand. Public .earing. Opposed. Dorothy Burnham. Boulderwood Drive. Ms. Burnham was not really opposed, but had questions. If this build- ing were disposed of, could someone else use the property for a more com- mercial building than residential? Answer. Some members felt a stipula- tion could be made. Ms. Burnham felt surrounding land might be available or another person could combine this and a neighboring piece of property. She also feels this building is conducive to commercialism, granting the Variance will create a precedence. Wilson Mathias. Esq., representing Mr.!Ms. Everett Voorhis, owners of property immediately to the South. The following items were mentioned against application. Ms. Leone has not met the test of the Use Variance, it would be difficult for the Town of Queensbury to enforce a condition on the Variance that only Ms. Leone's personal property can be placed within the building, the structure is too large for the belongings mentioned, Ms. Leone haa not met the test that there is no other reasonable return for the property, Mr. Voorhis claimed he has offered to pay the same price as Ms. Leone paid in 1975, in addi- tion to the owner on the North, John A. Liccardo. Mr. Mathias discussed with Mr. Voorhis this evening possibility of constructing a sewage dispos- al system on his land and make it more feasible for residential use. Char- acter of the neighborhood would be destroyed, due to the appearance of the building. Mr. Mathias requested that Article 7.079 of the Zoning Ordin- ance regarding a 50 foot buffer between commercial and residential uses be considered. Evert Voorhis. adjoining neighbor to the south Mr. Voorhis is concerned about traffic congestion, due to the bend in the road. Scott Johnson. lives 2!10 of a mile from the building. 7 "--' -...../ Mr. Johnson felt that an aluminum storage building should not be allowed in this residential area for monetary, personal or future gain of one interest. Joel Clugstone. lives nearby Mr. Clugstone objects to the building because of the precedence it would set. He sympathizes with her position, but does not feel it would help that part of Town. Mr. Mathias also stated that feeling that Ms. Leone has not proven that she has tried to sell her property, Mr. Voorhis said he has not been approached about an easement. In answer to Mr. Mathias' statements, Ms. Leone stated that she paid $7,500 for the land, not $2,000 offered by Mr. Voorhis. She objects to the assumptions being made towards commerciality. She has proven that she has tried to sell the property through herself personally, other prospec- tive purchasers have talked to the Town of Queensbury. Previous to to- night, Mr. Voorhis had not mentioned an easement. As far as Mr. Voorhis' comments about her garage changing the character of the neighborhood, she noted some unpleasant-looking buildings on his property. The property was on the market three years ago for a year, there were no results. Ms. Leone seriously tried to sell two years prior to that. Before that attempts were made on and off in the newspaper. The septic and well were always the problem. Public Hearing Clos.d. Correspondence. Robert T. Farrell, Bsq., attorney for the Leone's ex- plaining the problems of the site (Bxhibit A), John Liccardo, neighbor (Bxhibit B). Warren County Planning Board. Modified with conditions that the site cannot be used for commercial purposes. Mr. Muller reviewed with Ms. Leone the four-part test for a Variance. The applicant has shown a hardship (that it cannot be sold as zoned for legitimate reasons). The Board does not expect Ms. Leone to sell the pro- perty for less than she paid. The major problem is the type of proposal in a rural residential area, there are many objections. Instead of re- questing the minimum limit required, Ms. Leone has gone to the extremes of all the setbacks, which concerns the Board. Mr. Muller encouraged Ms. Leone to explore the possibility of an easement on Mr. Voorhis' land. (Ms. Leone feels uncomfortable about that possibility, because of Mr. Voorhis' false statement about the original price of her land.) Mr. Muller also suggested that Ms. Leone contact Mr. Liccardo about the pos- sibility of his purchasing the land (she denied that she was previously 8 '-' ~ contacted regarding the purchase). Ms. Leone said she would pursue the opportunities with Messrs. Liccardo and Voorhis. Use Variance No. 1398, Christine Leone, will be TABLED at the request of the applicant, so that she can pursue the septic question and possible land purchase by a neighbor. ARB VARIANCB NO. 1399 Charles B. Norton The application is a proposal to build a deck totalling 216 square feet (18 ft. x 12 ft.) to provide the applicant with more usable space. The proposed deck will be made of treated pine and set on 10-inch diameter piers of concrete. It will be located two feet from the waterfront on the East side of Lake George on Dunham's Bay, LR-3A. Dr. Daniel R. Norton represented for the project for his son and e- xplained that the property has been used for six generations solely as a summer residence. The reason for the request of the Variance is for the safety of five grandchildren, who need a safe facility near the water- front, and for the families' activities. Considerations for the Variance arel 1) the precipitous pitch of the rock, 2) there is a dock of only 80 square feet, which is too small to contain picnic table and play pen, 3) the small dock is a hazardous location for the children to congregate and play. The location is approximately six feet from the rock wall. Consid- ering the visual impact, Dr. Norton presented the followingl 1) the pro- posed structure follows the contour of the land, the side toward the house being nearly flush with the ground and the side toward the lake is two to four feet in elevation, 2) the proposed structure will be faced with natural rock material, 3) it will be shielded by trees both east and west. The patio deck will not be used to moor boats or to be used as a dock. The proper location plan for the patio deck has been review by Queens- bury Town (Ass't.) Planner Dåniel Ling, members of the Warren County Board and and Daniel Griffin and Ted Kelley of the Zoning Board. Warren County Planning Board approved. Dr. Norton presented letters of approval from Anthony Fredella (neighbor on the west) and Edwin Brown (neighbor on the East) . Mr. Kelley noted that the ground was slippery, when he visited the site during rainy weather, and felt the structure was justified for the safety of the children. Mr. Griffin verified that the structure cannot be seen from the neighboring properties and, with the natural shield, it can- not be seen from the lake. Public .earin, Opene.. no comment. 9 ~ ~ Correspondence. were read (on file). Warren County approved. Letters from the neighbors Mr. Griffin moved APPROVAL of Area Variance No. 1399, Charles E. Norton, as this is a reasonable request. The lay of the land is a very steep drop-off from the house and is solid rock to the edge of the water. The deck will not be visible from either adjacent property, west or east side. The structure is screened with rock on the lakeside and will not be detrimental to the neighborhood. Seconded by Mr. Turner. Passed Unaai.ously ARIA VARIAlCB NO. 1400 William Bernard The application is to build a three bedroom, two bathroom, single fam- ily home on the present vacant lot, at the corner of New Assembly Point Road and Knox Road, LR-1A. William Bernard represented the project and acknowledged to Mrs. Goetz that the property is under the, wetland jurisdiction, and the timetable noted for APA approval is ·shortly.· Dan Ling informed the Board that APA will not pass on the project until a review by the Zoning Board, since it is a Class A project, and also verified that Knox Road is a Town road by use. Mr. Bernard said the front would face Assembly Point Road, the road created the lot in 3/27/87. There is lake frontage across New Assembly Point Road. Prior to the road, the lot was part of the deed. The pur- chase is contingent on the Variance. In regards to the plans, at this point they are flexible. Mr. Kelley reviewed that the required setbacks are 30 feet from Knox Road and 10 feet from the Trello property, with an 85 foot frontage, there is 45 feet left with which to work. Mr. Bernard said he would make an attempt to redesign his home. Mr. Gower, neighbor two doors away, remarked that the lot was very small for a septic system. Area Variance No. 1400, William Bernard, is TABLED at the request of the applicant, so that the house can be redesigned within the appropriate dimensions. AREA VARIAlCB NO. 1401 10 "--' ..,/ Mooring Post Marina The proposal is to demolish the six boat storage buildings, four util- ity buildings and cottage and construct a new boat storage building on Cleverdale Road, Ripley's Point, LR-lA. There is no anticipated change in the use, although the proposed building is ±41,000 sq. ft. larger than the existing square footage of the buildings to be removed. Mr. 1) Use use, it ance No. Turner explained that the applicant is requesting two Variances. Variance No. 1402 is the expansion of a pre-existing, nonconforming will change the use from Residential to Commercial. 2) Area Vari- 1401 would be the encroachment on the required 50 foot buffer. Mr. John Brock, Owner, represented the project and reviewed the pro- posal. 1. Remove seven storage buildings, cottage and a couple of storage sheds in the back. They would be replaced with one large building which would rack boats three high, with two drive areas in the center, and consolidate all operations including areas in between the buildings, which comprise 28,000 sq. ft. of storage buildings and another 14,000 sq. ft. of space in-between the buildings, or 41,000 sq. ft. of usage area. 2. Construct one building and consolidate all boats in the yard, which are presently being parked across the street, along the buildings, down the back, etc. Approximately 200 boats are being handled for quick-launch, service and sale. The racks within the building will handle 189 boats, 15 boats would be in a seconding small building, depending on size. 3. After the construction, the debris, the blocking, and other clutter around the yard will be cleaned up, tractors will not run around the yard for boats, only one boat would have to be moved instead of sev- eral boats for handling one boat. All storage and quick-launch would be inside the building. 4. There would new trees. parking area. be a buffer zone in the front of trees, both existing and Trees and hedges would be situated in the back to cover a This was discussed with the Beautification Committee. 5. The building material will be aluminum enamel, with shutters. Some neighbors preferred a green color. 6. Parking. The entrance would be from Cleverdale Road, instead of Mason Road. There will be a 50 foot opening between the buildings. 7. To facilitate boat/car loading and unloading, cars would go directly to the boats, unload and park in a designated area or in back. 11 ~ ,--,,' 8. The building encompassing ft. has two drive areas, 50 feet wide and 161 feet long, 16,000 sq. ft., racks three high, encompassing 16,000 sq. Mr. Brock stated he is willing to agree to keep the number of boats at approximately 200, *51, have no boat storage outside or quick-launch out- side, other than a few boats that are on display, in the winter the dis- play boats would be inside, instead of outside with shrinkwrap. In the sununer, there might be a few display boats and service boats outside, in designated areas, until they can be put inside. The building will be totally enclosed. Fork trucks would take the boats to a rack, two tractors would take them directly to the lake. All fork trucks would stay within the building. With the new system, tractors blocking traffic would be eliminated. Building construction at the Northeast corner would be 20 feet from the road and progress inward to 75 feet from the road at the Southeast corner, the reason for the layout is because of the driveway and parking. Depending on the weather, approximately 50 to 55 boats were launched July 4th weekend, other weekends 20 to 40 boats could be launched. When Mr. Brock bought the property, there were 179 stored boats, plus a few boats being restored. Presently, there are 120 quick-launch boats, 60 boats stocked for resale (50 to 70 boats are stocked at all times). Intentions are to hold the quick-launch facility to 120, service facility to 15 to 20 boats, and stock boats 50 to 70, depending on the time of year. In addition to boat storage, some of the bays will be used for trailers, motors, and equipment. Mr. Brock stated he would abide by a stipulation on the number of boats to be handled. Presently, there is parking for 24 vehicles, proposed are 78 parking spots. This would eliminate parking on the grass area. PUblic Beari.g Ope.e.. Support. Fred Alexa. Mr. Alexa attended a meeting that Mr. Brock had with the neighbors. After hearing about the proposal and viewing the property, he is in sup- port of Mr. Brock's efforts. At the present time, boats are askew, boats, cars and cradles are parked in several areas. There are a number of improvements that can be made to clean the area up and make it safer. With the trees remaining, cosmetically the area would be improved. Mr. Alexa is in favor of putting the boats under cover and handling substan- tially the same number of boats as he has now. He also pointed out that the previous owner also improved the area, by removing a railroad track, tearing down a building, moving a residence to one side of the lot, and 12 ~ --' tearing up and paving the road. That was a substantial improvement, the area looked better and served the owner's purpose, while he was being a good neighbor. Mr. Alexa feels Mr. Brock is trying to demonstrate the same thing and also save a business, and that both of those points of view should be recognized. Opposed. Dr. Robert Evans. immediate neighbor to the West. Dr. Evans said he represents himself and a group of 108 petitioners from the immediate and adjacent properties in the surrounding Cleverdale area (letter and petitions on file). The basic concerns of the neighbors are as follows. 1. Credibility. Mr. Brock's maintenance of the land has been deplorable, the ground is messy, unkept, the boats all through the property, stor- age is generally disorganized. While boats are outside, some of the storage areas have been empty. 2. Accountability I The which the previous increased boat and community. increase in the number of the boats over that owner had. The homeowners are concerned about the car traffic and it would be a poor impact on the 3. Loss of phery of and green cial. Permeability. There is very little green area on the peri- the map. Parking will increase from 24 to 78, loss of trees space. Change in zone will be from residential to commer- 4. Fire Hazards I Mr. Bodenweiser, Fire Marshall, has written a letter to the Board stating concerns about the potential source of fire to the surrounding area (Exhibit C). 5. Septic Systems. Odors, seepage, pump-out capabilities, and the septic systems have not been addressed in the last four years. Mrs. Joan Robertson. neighbor immediately to the South of the docks. Mrs. Robertson spoke in opposition of both the Use and Area Variances. Three major objections are as follows. 1) Expansion of a Non-Conforming Use. 2) Reversion of residential property to commercial use. 3) Lack of Buffer Zones between residential and commercial uses. Mrs. Robertson spoke of the historical growth of the area. On the east side of the road are three lots, 180 feet total, one lot is occupied by a residence leaving 120 feet for the boat yard. One the west side of the road, are commercial buildings and the residential lots which were pur- chased separately. Originally there was a small boat livery, the grounds 13 '--' ~ were landscaped and three waterfront lots had one year-round home and two cottages, which were neat and well-kept. The business was expanded by Samuel Henderson, with the removal of the two cottages and a garage, and construction of a 35-foot high boat shed and a dock. Al Poland, the next owner, continued the expansion/extension of the 35-foot building for increased boat storage. The workshop building was removed from the lakeside property and the small cottage from the west side of the road. He relocated the two homes to two lots to the north. The operation consisted of boat storage, some quick-launch, repair serv- ice, and refinishing/restoring of boats. Initially, Mr. Poland repainted and refinished the site, grounds were kept clear, noise level was reason- ably quiet and compatible with the neighborhood. Mr. Brock has had the Mooring Post for four years. Parking of boats and cars is haphazard, there is no attempt at beautification. There is an island of crushed stone around the pump-out tank on the lakeshore lot. Mr. Brock has been cited by the Building Department for violation of Zon- ing Ordinance Section 7.079 and a cleanup order was issued. Present plans are to build a 35-foot high building (3/4 of an acre under one roof), the structure would create a visual impact on the neighborhood where homes are assessed at values ranging from $200,000 to more than $500,000. Mrs. Robertson pointed out that the Zoning Ordinance states that a building may not be altered, enlarged or expanded, except under Site Plan Approval. The projected number of boats to be handled would be substan- tially greater than the previous owner. He makes no attempt to use an already-existing building for quick-launch stacks. A sizeable number of boats that are sold and catered to are equivalent to small summer cot- tages, if the business continues, will he require vastly increased square footage to accommodate the business and still maintain the limit of 200 boats? Mrs. Robertson said the proposal is not just expansion but -explo- sive ballooning expansion.- Two lots on (Tax Map 13.2.19 ft. wide and is buffer zone. the west side of Cleverdale Road are zoned residential is 100 ft. wide and has three buildings, 13.2.20 is 50 the site of a cottage), and are the only protection as a Mrs. Robertson complained about a sign that says -No Public Launch- ing,- yet boats are still launched, this is an expansion of the quick- launch operation. She further stated that there is no reason why Mr. Brock cannot operate within the parameters of the present situation. John Tabner. resides on Mason Road in the summer. Mr. Tabner stated he and his wife have had their home for ten years. Regarding the Use Variance, the applicant stated that he can get a reason- able return from the property, yet one of the variance stipulations is that he cannot get a reasonable return. Therefore, on the basis of the application, it would have to be rejected. 14 '--' ~ There are 200 boats on the site because all available space has been used. The Ordinance has been violated by use of front yards, rear yards and side yards to pile boats. The reason for that is because of an off- site sales point, this is a staging area. Boats are stacked on Mason Road. The residents would like to see the area run in the same manner as the previous owner. In summary, the applicant cannot show a lack of reasonable return or unique circumstances, and the construction would alter the character of the neighborhood. Mr. Tabner felt that the Board should not take 200 boats as a guideline for new construction, but rather upgrade the area. Mr. Thomas West. Attorney representing the Lake George Association. There are over 2500 members in the association, representing approx- imately 5000 individuals around Lake George. Two categories opposed to the application are. 1) substantive reason for denial and 2) procedural reasons why the proposal should not be reviewed without full review re- quired by law. In addition, the Enforcement Officer should be advised of current violations to the Zoning code. In order to be granted a Use Variance, it must be shown that there cannot be a reasonable rate of return, the application shows this not to be true. The legal standard has not been met, cleaning up an operation is not a hardship. Regarding practical difficulty, this has not been shown. Over the years, there has been a modest marina operation that has been built up over the years and has expanded to the point where, under current conditions and with the current buildings, the cars and trailers are strewn around. Mr. West feels much of the expansion has been illegal, if the operation has to be -rolled back- to operate within the confines of the existing structures of parameters, then so be it. With the existing pollution problem in Lake George, water quality has to be carefully scrutinized, milfoil was a problem in 1987, bacteria a problem in 1988. The present laws must be enforced. On procedural grounds, legislation was passe. increasing the powers of the Lake George Park Commission, which has put in its first set of rules. The entire body of Lake George and all land within 500 feet of Lake George has been deemed a critical environmental area under SEQR. Unless there is a Type II action, everything is Type I, which increases the presumption that it should be reviewed more closely under SEQR and a DEIS should be prepared, that rUling should apply to this application, before any type of expansion is allowed. Mr. West also questioned the relationship of this particular Mooring Post facility to that facility on Route 9. Is this just a staging area and will boats be brought in and out from that facility? Why do so many of the sale boats had to be kept in this facility? 15 '-- ~ SEQR will allow a review to be coordinated with the Lake George Park Commission, which has very detailed reatrictions for marinas, and this should be done to make sure the stringent requirements of both ordinances are met. Storm water runoff is another isaue which would be covered by SEQR (there will be no greater runoff after development than existed prior to development). Since Mr. Brock purchased the operation, the quick-launch operation has tripled, that is an illegal change of use under the Ordinance and should be inspected by the Queensbury Enforcement Officer. Quick-launch enables an owner to take a piece of property and get more out of it, it puts more boats on Lake George that have no docks to go to, except to a state or public docks. Now, without a permit to tie at a State park, there is no place to go, it is a significant issue for Lake George. In summary, there difficulty to justify sidered, a full-scale use should be thoroughly has been no legal showing of hardship or practical either of the variances. Before they are con- EIS should be required and the question of illegal investigated. ......... Mark Schactnerl Lawyer representing Mooring Post Marina. Mr. Schactner explained to the Board that John Brock has met with the neighborhood, describe his plans and get the neighborhood feedback. Based on those meetings, modifications and amendments have been made to the plan, additional buffers, screening, coordinating the building color with the neighborhood, closing off an access area. Unfortunately, the changes have not been to the neighbor's satisfaction, he feels the neighbors mis- understand the application and to some extent wish the site did not exist in the neighborhood. Presently, one acre of square footage is used for the Marina, possibly 42 - 43,000 square feet. The same physical operation will be consolidated into a building, the structure of which is 32,000 square feet, of which 16,000 square feet would be used for boat racks and 16,000 square feet used for corridors. Corridors cannot be uaed for storage, because that would hamper the boat operation. Mr. Schactner said the business is -grandfathered,· as boat operations have been there for a number of years. Admittedly, capacity is a genuine concern, Mr. Brock is willing to abide by an express condition in the Resolution that he will not increase his capacity, volume, storage, number of boats launched or increase the volume of the business in any way. An increase in the volume of one's business is not against any ordinance. Taking in the viewpoints expressed by the neighbors, those points would be viable and meaningful if there was no marina and a pristine sight was being discussed. Regarding the equipment noise, the physical struc 16 -- -../ tures cannot accommodate the business, the new business would be internal- ized, other than a forklift taking the boats to the water. To aide per- meability, the new parking areas will be graveled and permeable, there will be m2!! permeable area than currently exists. One s.ptic system will be remov.d. Mr. Schactn.r, did not feel that the Use Variance criteria should be taken into consideration, when the use is already there. He referred to Professor Anderson's treat is. on zoning in New York. ·The standard Use Variance criteria should not apply to a pre-exisiting, nonconforming use that is trying in essence to clean up its act .... The Area Variance is the more appropriate varianc. and referred again to Professor Anderson. ·If an applicant wishes to 'clean up their act,' modernize their oper- ation, render it less obsolete, that the proper consideration are those equities of neighborhood impact and what the nature of the operation is versus what it will be in terms of making your decision.· In terms of the SEQR, Mr. Schactner does not feel that the Type I action is within the jurisdiction of the Zoning Board of Appeals. The Board does not have its own list, but us.s the the DBC and SEQR list. Hammond Robertson. neighbor to the south. Mr. Robertson stated that the changes are possible, depending on the number that is used initially, when considered with the number that was existing. He feels other solutions would be much more acceptable to the neighbors that have been outlined in terms of improving the neighborhood. The major concern is the quantity of boats. Robert Freihofer. property on the east side of Cleverdale Road. Mr. Freihofer has lived in that location during the summer for 60 years. To his recollection, this is one of the most drastic changes the will alter the character of Cleverdale. H. referred to the two residen- tial lots in question, on one a house exists and on the other lot there was a home, but it was torn down. Stanley Greeves bought the property from Mr. Henderson and tore the cottag. down (to the south of the present camp). Mr. Freihofer said he tried unsuccessfully to purchase the one remaining cottage. There has been no upkeep on the present camp and it is an eyesore. From Mr. Freihofer's backyard, he will now look at a 34,000 square foot building, and not the cottages, the building would be very large in size. His family has enjoyed their property since 1930. All the neighbors are concerned about the quality of life in Cleverdale, which has been enjoyed over the years. Mr. Freihofer spoke well of Mr. Brock, but noted that it will take everyone to make sure that the proj.ct will be one with which everyone can live. Public ...riDI Clo.... 17 '----' '-./ Correspondence. Letters of objection from Fred K. Tarrant, Sr. (Exhibit D). Mr. Bodenweiser, Fire Marshall, stated that, in his opinion, the building would be a major source of fire jeopardizing the surrounding homes, and moving the boats in an out of the facility would be dangerous (Exhibit C). Warren County Planning Board approved. Mrs. Goetz asked about the sales operation on Route 9. Answer. The sales are handled at the Mooring Post and on Route 9. Inventory boats are transported to Route 9 for display purposes and sales, some sales are picked up from traffic on Route 9, which alleviates some traffic at the Mooring Post. Very seldom is a boat put in the water for demonstration. Regarding the previous statement regarding pUblic launching, the people who use it are at the management's discretion. Pending approval, Mr. Brock stated he would close the ramp to all public launching. Mrs. Goetz has concern of overuse of the property at the Mooring Post, because of the sales operation. Mr. Brock said last year the entire sales operation was at the marina, the sales operation was moved to Route 9 this past winter and handles close to 501 of the sales. Mr. Muller requested to know about the expansion. When the marina was purchased from Mr. Poland, there were 179 boats plus 10 for restoration. The number of boats service by Mr. Brock are about 200, he has changed the way the 200 boats are used, less storage, more sale, more quick-launch. Mr. Poland had less number of boats for sale, more for storage, less for ~uick-launch (roughly 40). Public Hearin, Reopene4. Mrs. Lee Tabner. neighbor Requested to know how the large parking lot is justified. attempt is being made to eliminate parking on the grass area - 1y 30 cars, there are 24 already existing and 20 cars are Mr. Brock offered to eliminate some parking spaces in the along Cleverdale Road. Answer. An approximate- being added. parking area Joan Robertson. Mrs. Robertson felt that the reason cars are parked everywhere is be- cause boats, etc. are scattered about and not stored, sheds are empty. Suzanne Wilcox. Ms. Wilcox has been a resident of Cleverdale for 45 years. She is concerned about how the Board feels and that no one from the Board had been to the site, yet other sites had been visited. Ms. Wilcox was informed that everyone on the Board is required to visit the site. She expressed alarm that the Zoning Board had not stated its feelings and comments about the site. 18 ---' "--' Mr. Brock explained that the reason many boats are not stored is because of boat design changes, today most boats are at least 8 ft. wide and have two tiers. The buildinga cannot house them, because the height of the .doors and the width of the building. During the winter certain boats can be stored in certain barns, but not on a daily basis in summer. The business has changed. Twenty years ago, there were very few boats in the 22 to 25 foot size with cabins, today that is the way boats are built. Mr. Brock reiterated that he would be willing to work with the neighbors, so that everyone is satisfied. Mr. Muller asked Mr. Brock if he would like to take the opportunity to discuss the application further with the neighbors, to see if some solu- tion could be reached before the Board reached a decision. Since there was no response, Mr. Muller continued and expressed his concern about the fire hazard risk, as previously stated, Mr. Bodenw.iser has said the situ- ation is critical, and his comments cannot be ignored. In answer to Mr. Muller's first st~tement, Mr. Brock said that he would clean up the site, keep the same number of boats, but would need a workable operation to show a decent profit to be there, his payroll is considerably larger than those of his predecessors. The existing building is liked by some neighbors and disliked by others, some neighbors feel there is a workable solution, others do not feel that way. He said he does not know how he can accomplish what needs to be done without a large bUilding, maybe the particular building shown i~ not the exact building. However, without a rack building there is no way the boats on the ground can be put into a smaller area without stacking. Regarding the fire hazard, boats have always been stored as they come out of the water. Mr. Brock does not feel the fire hazard will be increased with one building. Again, the applicant was given the opportunity to discuss the application further with the neighbors. Mr. Shactner stated he would like the Board to consider the two Variances at this meeting because, unlike many applicants, Mr. Brock has met with the neighbors. '!'he exchange has been cordial, but there has been no scenario that would be acceptable to the neighbors which would continue the present capacity of his operation. The only ideas from the neighbors have been to diminish his operation, that is a hardship and Mr. Brock should not be forced into it. Mr. Turner reminded the audience that Mr. Brock could erect a building 35 feet in the air, along with the other amenities. an accessory garage, storage shed, boat house, swimming pool, boat storage, outdoor athletic courts, home occupation. So he is not asking for a deviation in the height, he has a pre-existing, nonconformiDg use. Building a hou.e 35 feet high would not require a variance, as 10Dg as all the setbacks and other requirements are met. 19 ~ --' In answer to Mr. Kelley, the height at the eave line is 28 feet high, the roof will be pitched to give a decent snow and water runoff. Inside the building, one rack in the center will house 15 boats and one will house 16 boats, the racks are offset so the bows overlap. The lengths of the boats vary, a 26 foot boat would require 30 feet of storage space, boats with arches require a higher rack. Mr. Kelley suggested putting two or three buildings around the perimeter, if there were a fire, then one entire building would not be affected. With that alternative, maybe more green area could be left. Mr. Brock answered that if there are two inde- pendent buildings, the dimensions would have to be wider, that would be more square footage. Parking space, storage space to keep the yard clean, etc. would be lost, if the buildings were separated. Public ...ri.I Cloae. Mr. Brock invited the neighbors to work with him on devising a plan that would be satisfactory to everyone, espeoially those neighbors who felt there could be a workable solution. No one responded and Ms. York stated that, even if some of the neighbors agreed to work something out, it would be a new configuration and a new submission would be necessary. Mr. Muller expressed that he did not want to leave the marina looking the way it is, as everybody does. The plan is a lot better, but at the expense of the neighborhood. It would be a great marina, where marinas are allowed and the applicant is allowed to have a marina at that site. Mrs. Goetz sees the plan as an expansion, due to funneling from the Route 9 operation. In order to make the business go financially, the applicant had to change the property use (more boat sales) from the previous owner. Mr. Muller added that the property is limited by its capacity, by its size, he is entitled to build the 35 foot building. It is headed in the right direction in terms of the area, he has increased the permeability. Mr. Kelley did not like the fact that the green area would be lost were the house is, while Mr. Griffin expressed concern about the number of boats and parking spaces, in addition he felt that Fire Marshall Bodenweiser's letter had to be taken into consideration. Mr. Brock was strongly advised to talk to Mr. Bodenweiser regarding the contents of his letter, because maybe the same remarks would be said about the current operation. Mr. Muller moved DISAPPROVAL of Use Variance Mo. 1402, Mooring Post Marina. The applicant has demonstrated that, since he acquired the pro- perty, he haa had the same types of uses. But as the changing uses then dictated up to 1988, there have been more sales, storage and quick-launch. Conclusion. This is an overburden on the property and equals expansion. You cannot create a hardship and then propose a solution. The expansion would require meeting all the tests for the Use Variance. He failed to 20 ~ satisfy the requirement that he had to show that the property cannot yield a reasonable return, especially pertaining to the residential property. He should show excessive hardship versus the impact on the neighborhood, such as parking and traffic needs. (Note_ The above motion is as read by Susan Goetz, Secretary, however, she was unsure that the motion was complete. Therefore, a verbatim trans- cription is as fOllows.) Mr. Muller moved DISAPPROVAL of Use Varianoe 80. 1402, Mooring Post Marina. The applioant has demonstrated that, sinoe he aoquired the pro- perty from Mr. Poland, basioally the Mooring Post Marina at the time of the aoquisition had the same types of uses_ sales, storage and quiok- launch. But demands of bu.ine.s or ohanging use of this marina have not dictated up until 1988. What we have is an interplay of the uses at dif- ferent volumes, more in the way of quick-launoh, certainly more in the way of sales and then filling in the other spaces with storage. What that does, I think, unlike right out saying it is just merely an inorease in volume with the three legitimate uses, it is an overburden of the pro- perty. That is it certainly is dead storage in the wintertime, attracts less in the way of people, activities, parking and the like. However, when you put that around and make it into quick-launch, you have everyone up there in the summer, along with the residenoes that are now being occu- pied not only summer but year-round, you are ~re than maximizing the use of the property - that is an expansion. The diffioulty is, as I think Mr. Tabner has suggested, it is a situation where his garbage is dumped on the rug and then oomes in later on and suggests that I have a novel way of cleaning it up. You oan't oreate the poaaible hardship and then offer the solution. So I urge in my motion that it is an expansion by the nature of changing volumes and uses. Bxpansion would require us to show that he is satisfied that he has met all the tests. It is not just a mere alteration of a nonoonforming use, he has not asked just to update, he is asking to update an inoreased use. The applicant on this applioation alone (I am not speaking of any future applications) has failed to satisfy the require- ment that the premises be used as zoned, or as presently allowed in a non- conforming use, cannot yield a reaaonable rate of return. He certainly failed to do that in the residential portion. On the difficult aspect of what ..... to a nonconforming user, I hold to a more liberal standard, I think that he ought to come in and show us his unique hardship. He will have to balance the equities with the impact upon the neighborhood charac- ter. That is again where his applioation fails tonight. That is, the neighborhood is being asked to actually support the commercial enterprise to a greater degree than it can, in terms of the traffio, in terms of parking and in terms of basioally how his plan is laid out with the large buildings. I do not think I have to reach the questions about the buffer, I do not believe the Board has to reaoh the question. about the SBQR, be- cause he has failed here to demonstrate his requirements of the Varianoe. Seconded by Mrs. Goetz. Pa.... U..nt.o..lf 21 -- --../ Mr. Muller moved DISAPPROVAL of Area Variance No. 1401, Mooring Post Marina. The applicant has failed to show practical difficulty that would allow us to grant other area variances .ought, that is there are some other feasible alternatives that have to be explored and have to be shown. Seconded by Mrs. Goetz. Before the vote was taken, Mr. Muller advi.ed the audience that, in a sen.e, this type of motion is a sense of defeat for everybody. You do not have what you need, nor does Mr. Brock. Pa.... V.aat.ou.ly Chairman Turner adjourned the meeting at lalO a.m. Cì:1 k9~ ~ Theodore Tu~~rman \'~ 22 "--' -----' ROBERT T. FARRELL ATTORNEY AT LAW 23 L.IBRARY AVENUE WARRENSBURG. NEW YORK 12S8S 34.44 TEL.EPHONE 1518·623.2020 23 August 1988 Ms. Christine Leone Star Route Ridge Road Glens Falls, N.Y. 12801 Re: Application for Variance Lot on East side of Ridge Road Queensbury, New York To Whom It May Concern: I represent Christine Leone and Felix Leone, her father, who both own a parcel of land located in the Town of Queensbury, Warren County, New York, described in a Conveyance to them by Deed dated 4 August 1975 and recorded in the Warren County Clerk's Of,t ice in Book 590 of Deeds at Page 132. The property is located on the East side of Ridge Road. I have been involved with the Leones and this parcel since prior to the destruction by fire of a'mobile home located on the premises on 28 April 1977. Shortly after the original mobile home was destroyed, the Leones attempted to place another home on the property. The project was not workable for various reasons including difficulty with establishing a septic system and well on the property which would conform with the applicable sanitary codes. , r am aware of, and have been involved with, various attempts by the Leones to sell the property. These attempts were unsuc- cessful because of problems with siting a home, septic system, and well on the lot. Many potential purchasers would look at the lot, determine that there was a problem and leave. Several potential purchasers proceeded to contract to purchase the lot and then reneged on the deal because of problems with the groundwa ter level, septic, and well. I have enc losed copies of correspondence which I received f rom attorneys and an engineer concerning the lot. RTF/km Enclosures Very truly yours, -- ,,------, t:~ ~ ROBERT T. FARRELL-"- R'tØ/ÐJ"r ¡; E NatO ~ {;(þ~',f ~ ON F/J.,E -- "'tl)<P..'¡',.:,:, ¡~ ..:.: 1 1 ') >;;;.~: t) n , rl ~~ I:::: u i~. t".J Ü .;- f·)I·:'PE~·::O. ¡ ':3 : ;)'"11': cd I)I,I';::O:::I',:::[:';.I/",/ Uh: 'j ce F3iAl ldi n9 ... ",.--. L:·:::I.'/ i~\t H~;;.v I I anl,.J i~~~o~'.r.J ".',",!I::i~/'Isttl., /,,/, I\¡,:::.;\, Y (! r' k 12::::(11 Re:Variance 81398 I"~Î G I ~2r", :~n: '.:.:'Jt ·" req·::;,.rc~ \.'_' (.t"le ~..iþ.jb.~;i.2I::t \/ëlt~·jëlnc":2;J l~t it be kr ü~~J tt" .:tT ¥\¡.:.~ ,,', ¡:'r'dr::"'~r"cy Co\'Jni;~i"':S i Ii 'd"",,:: 'j rr¡i:)edi i2lte i..'tt'ea, st/'·üi"i9: y ij:::'::'û'3,;2 'Gh", j'j ':~J' JÔ~~ ..:; U~. ~:.~ c. ,J(, 't ¿{ j n.:::!d 'J fl th i·s ~'¡'::'F' 1 'j ca t oj or on t.f'"¡¡.; bët=--'; s· thct t- ,I.. I:: /"H)/'i'·I:on¡:'('H:I,in'J td th~2 -;;Ien~::t<:.i¡ r'I.H',:d t-esid€:ntl,:ili ':',1'1:",:::" ,L:, 1~,;:lu::,,:::: 'tj'¡::lt :ili¡:,11Ii,entcltlon ü'j' this F,]an wOl.dd t'¡"IVE: ". 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I (¡ 01,1" "1"11"1'01'" r':'f..j'~~-;,,::::nt." ¡~ F'cltentii:¡'¡ hazar,j to ott·¡t2t' '/;:::hl"::!;'.<:'::, ¡" ,)j' U'¡E: ",bOV'2 ':::t2:"t':2(j ~"I:?2Si)t"¡S, ~J'2 '"i2ql.les,t tfkit tfl''::; Zorn il'J ¡':!",,:\!".:! cd ¡'~pr",:,2\ :';, r'€~,ject tf',i S i:IPP] i cat; on. \11:':/'\1 tj'~ul""/ ~/OUI'·~.:; . , ~í~ ' --c-, ,.' !j/t/,~r:~ ä-,I¡//.l'- ,",', '\~' :,;~;' j" t ;.' _ Lu", _ , b'ÒI.II,d F::'i,:,j.cl'~' ¡'id,,/orf:: 10:i}E, ;' .' .// , ~ '-.... k "If Ill, T /ff./ f~·~ 16 7J~H<~¡ ~~?/i ~~ - . , . ¿ ¡ - ., '" .. ~. . # '~ )~ ~¿¿ -6- #/57~ ¿~Vt Ý Ç?LìJ/"~ ~;' d ~,¿u<-l/ -?t --;W4-{{ d' Þ ..z;4 ~~ v( 4 a-I- dt-rt 7/.¿~ .--a^£'v[.... ~ Oé ¿.-{¿ -'7.*Lf. ;t¡ ~e-J.wU'- Zh ~1i ~ hf4..,. , , ¡¿; 'f.1I1,{$/ r ¿ J ~ TOWN OF QUEENSBURY Bay at Haviland Road, Queensbury, NY 12801-9725 - 518-792-5832 August 22, 1988 TO: T~d Turner, Chairman Zoning Board of Appeals FROM: N. W. Bodenweiser, Fire Marshal SUB: Fire Potential - Mooring PQt Marina After reviewing the plot plan proposal and variance requests for the Mooring Post Marina, it is the opinion of this office that this building would be a potential major source of fire jeopardizing the surrounding homes. Another concern of this office is life as well as property with regards to the transporting of numerous boats in and out of the facility. . Upon presentation of building plans other aspects of this project regarding fire prevention would have to be considered. . . "HOME OF NA rURAL BEAUTY. . . A GOOD PLACE TO LIVE" SETTLED 1763 ;; 'III f l! I í ~ ""-" lorne Ph. 518584-3355 ), tllee Ph, 518584-4402 '-"tUlIP Ph. 518 656·8786 leI II Ring And Ring - I'm Slow AI 82 FRED K. TARRANT, SR. c/o TARRANT MFT, CO. P.O. BOX 358 SARATOGA SPRINGS, N.Y. 12866 fiLE COpy Saturday August 20th, 1988 Zoning Board of Appeals Town of Queensbury, Warren County New York, 12801 Gentlemen: I acknowledge "here with your notice of ameeting schedualed for August 24th, 1988 relative to an application for variance of the Mooring Post Marina on Ripplly Point or Cleverdale I have to point out that I am 94 years of age, legs infir,quite unable to attend this meeting,but I am a neighboring property owner and I feel very strongly on the matter to be discussed. I do business with this Mooring Post Marina. They are helpful to me and seem very nice people. Howeve~ they bought this business with their eyes open and I see no reaS07whY they should be granted variance. Here there is certainly no hardship involved. Their immediate predesesor ~giR¡~l~ upon purchasing this property dismantled a nice cottage that had been there for many years and then proceeded to use the land for parking boats and cars. It is unSortunatly true that they have not demonstrated themselves to be good orderly housekeepers. The area in the vicinity of the Mooring Post Marinea has beco~e a real "Clutter. Spot" of the Cleverdale community. They presently have insufficient parking space for their customers cars~nd for their boats. Day after day the highway is blocked by tractor trailers manipulating boats for launching and retreving. I have no substantiation for a conviction I have that their extended docks do not comply with regulations but K 'f If I/J I T I.) FRED K. TARRANT, SR. FllEtoPy "- I questionthis seriously. May I state that I am no novice in such matters. In the City of Saratoga just a few years ago I was refused building permit~ to enlarge my manufacturing plant on our own land that ~d been zoned commercial because we ---..... ........ ....... . - y- - were in a residential district,where we should never have been in the first place. I was forced to relocate and build a new.plant at a cost exceeding five hundred thousand dollars.·! felt at that time bitter and agreeved. However - now in retrospect I have to acknowledge the move was to my best interest and I acknowlege gladly that 1 admire the guts and foritude of that zoneing board of appeals. The pressure for the almighty dollar is always on. You give a little. here, you give a little there. Within a few years neighboring property has been damaged. Scott Henderson established a small.boat business here. Eventually it sold after his death and expanded, now here comes a request for further expantion. Most respectfully I request that it be stoped right here and nowlso we can all remain good neighbors in our lovely community. Rural "Cleverdale" I thank you for your consideration of my opinion. Respectfully Yours Fred K. Tarrant Sr. .. ~ ~.Jc.~ ~ ~ ,