1988-09-07 SP
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QUBBRsauRY ZOIIING BOARD or APPBALS
SPECIAL MESTING. Wednesday, September 7, 1988 at 7.30 p.m.
StorytoWft, U.S.A., Inc.
dlbla The Great B.cape
aVARIU PALACB
Present. Theodore Turner, Chairman
Daniel Griffin
Jeffrey Kelley
Susan Goetz, Secretary
Charles o. Sicard
Paul Dusek, Counsel L.e York, Sr. Planner
Mary Jane F. Moeller, Stenographer
Absent.
Gustave Behr
Michael Muller
Mr. Turner called the meeting to order at 8.00 p.m..
AREA VARIUCB NO. 1404
The applicant seeks a variance from Section 7.051 of the Zoning
Ordinance. excavation causing grades in excess of 30 percent.
Messrs. Wayne Judge and Robert Stewart, Ssg's., represented the
application. Mr. Judge reviewed the past history of the Bavarian Palace.
In 1986, Story town purchased the Bavarian Palace at the World's Fair in
Vancouver Be. The building was dismantled and was to be moved to
Story town. Prior to its move, the Code Bnforcement Director at Queen.bury
was notified ooncerning the general plans for the building. In the Spring
of 1987, application was made for a Building Permit, under the name of
Attractions Land, Inc., which is the owner of the real property, this was
issued and the building was constructed. Shortly thereafter, the addition
of a kitchen and some lavatory facilities were planned, a Building Permit
was requested and granted and the addition was put on the building. The
Fire Marshal approved the site and granted the Underwriter's Approval for
the building. The septic system was inspected by DEC, DOH, and Queensbury
Building Inspector, it was approved and a SPDSS permit was issued. The
area where the seepage pits were installed were blacktopped over where the
area had been planned for parking.
At this point, all permits had been issued and a Certificate of Occu-
pancy (hereafter C.O.) was requested. Prior to that time, the que8tion of
access on Round Pond Road arose, so a written application was made to the
Warren County Highway Department for perai88ion to install two access
points onto Round Pond Road, 24 feet wide each. The Warren County Ass't.
Highway Superintendent, Roger Gabo, investigated the property, granted
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permission to install the two access areas on the property, with the condi-
tion that a large portion of the berm be removed. Most of the berm was
removed prior to the time that the C.O. was requested. In the process of
removing the berm and in compliance with the permit issued by the Highway
Department, there was loose fill in the area and the site looked un-
finished. Mr. Wood at the time was attempting to finish the site, so that
the Queensbury High School could conduct its prom in the Bavarian Palace
building.
David Hatin, Queensbury's new Code Enforcement Officer, discovered a
discrepancy in the Queensbury Town Zoning' Ordinance, only some of the
copies in the Building Department had -restaurant- written in ink under
the requirements for Site Plan Review. Most of the lawyers in Warren
County did not have -restaurant- written in ink, because that particular
provision was added at a later time, as the statute was printed, including
Mr. Judges' copy. Restaurants, however, do require a Site Plan Review
before a C.O. can be issued.
In order for the prom to be held, Mr. Hatin issued a one-day, tempor-
ary C.O., upon condition that the application for Site Plan Review was com-
pleted within five days thereafter. Tom McCormack of Coulter and
McCormack, Land Surveyors, worked with Mr. Judge on the plan. The hastily
put-together application was submitted to the Warren County Planning
Board, Beautification Committee and to the Town Planning Board. A major
difficulty was that the plans submitted were for an accomplished fact, the
macadam was in, the building was installed, the slope cut, etc. The appli-
cant and the Building Dept. thought all the work had been in compliance
with all applicable permits, however, the initial Site Plan Review had not
been submitted.
Because the building had been completed, a list was compiled of com-
plaints that the various Boards had, so that the applicant could bring the
project as much into conformity as possible. The primary concerns raised
were_
traffic,
statute provided that no component of a septic system could be buried
under a parking area,
slopes, and
number of parking spaces (98 were needed instead of 74).
The Town Planning Board Table the application, so the matter could be
worked on further. Richard Morse, Engineer, was hired to re-engineer the
septic system, which was presented to the Town Board (acting as the Health
Department) and approved with the placement of the seepage pits under the
parking area.
After a traffic study was done, the applicant reappeared before the
Warren County Planning Board, who approved the new, revised Site Plan by a
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vote of 8 to 1. The Beautification Committee approved the project after
both presentations. Thursday, September 8, the application will be
presented before the Town Planning Board for the second time.
The applicant wishes to have approval on slopes that have already been
installed and cut, in addition to an Interpretation of the Board's
statute. The statute provides that, if an excavation is performed that
results in a slope in excess of 301, a Variance i. required. From a legal
.tandpoint, the te.t is not to prove hardship, but to prove practical
difficulty.
Richard Mor.e of Morse Bngineering explained that there are two areas
not in compliance with the 301 requirement. 1) facing the building from
Round Pond Road, the .10pe on the left (we.terly), which is 621 at the
steepest point, 2) on the right (east.rly) the .lope is 381 in grade.
Both slopes run back into the property. Regarding the west.rly-most
slope, a r.taining wall approximately 36 inches high will be placed, the
sloped will be regrad.d to meet a 501 slope (or 2 on 1 slope). This is a
requirement that NYS accepts for road de.ign for grad.s in .xcess of six
feet. On the ea.terly entrance to the campgrounds, the slopes are current-
ly .tabilized at SOl. The slopes will be mulched and se.ded with crown
v.tch plant. and seed mixture, and an annual rye for quick stabilization.
The slopes have been barren throughout the .ummer and have remained in
good condition. There has been some minor gully erosion along the acc.s.
road to the upper part of the .ite.
Mr. Judge presented a letter from David Krugman, on behalf of Guido
pas.arelli, property owner across the stre.t on Round Pond Road, zoned
residential, stating the the project does not alter the essential charac-
ter of the neighborhood.
(Notel Chairman Turner granted Mr. Judge permi.sion to present the
Variances con.ecutively).
AREA VAJtIAllCB NO. 1403
The application is for a banquet facility on the northerly side of
Round Pond Road, approximat.ly 100 ft. Bast of the intersection with Rout.
9, RC-15.
Section 7.079 of the Zoning Ordinanc. mandat.s a buffer zone be
measured ·from the adjoining lot line of the residential u...· ·Buffer
Zone· is defined in S.ction 2.020 as ·undev.loped land.·
A) The applicant seeks an interpretation that, when ·lot line· abuts a
public street, the statute is unenforceable.
B) In the alternative, the applicant seeks a Variance.
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Robert Stewart, Esq. made the presentation on buffer zones. At the
Planning Soard meeting, the question was raised of whether or not the
Ordinance has a requirement that, between the Recreational Commercial
zones and the Residential zones, there has to be a 50 foot buffer zone.
Mr. Stewart referred to two sections of the zoning Ordinance.
1) Section 4.020gl Recreational Commercial (Exhibit A). There is no
provision for an unusual setback or buffer or anything between the
residential commercial area and residential zone. Mr. Stewart noted
the PURPOSE of 4.020-g, which includes ·Residential uses (seasonal
included) are considered compatible with Recreational Commercial
zones.·
2) Section 7.0791 Buffer Zones (Exhibit B). This section discusses usesl
·Where any commercial use or industrial use ... abuts a residential
use · then there is requirement for a 50 foot buffer zone. The
applicants have taken the position on the fOllowing.
a) The Bavarian Palace is a R.creational Commercial use, th.r.fore,
buffer zone does not apply.
b) Some of the uses that are acc.pted within a Recreational Commercial
are similar to those things you would do within a commercial use,
iel Great Escape is recreational, but it also sells hot dogs, etc.,
which is commercial. As stated above ·resid.ntial use,· Mr.
Stewart contends that this does not mean ·zone· and that the pro-
perty across Round Pond Rd. is not us.d for anything, it is vacant
land.
Further, the section states that the measurement is from the ·ad-
joining lot line of the residential us..· There is no adjoining
lot line, there is Round Pond Rd. with vacant property on the other
side.
If the above points are ignored and a buffer zone is required, it
would have a staggering effect, a buffer zone is not like a 50 foot yard
setback (no buildings). A buffer zone means no improvements, no dev.lop-
ment of the zone, except landscaping. In summary, Mr. Stewart stated
there is no buffer requirement in the zone, there is no use that requires
a buffer zone (7.079) and th.re is no reason to believe that this property
is subject to a requirement of a 50 foot buffer zone from Round Pond Road.
Mr. Judge stated for the record that the applicant is not a person who
arrogantly put up a project without any regard for the law. The project
was constructed in good faith and in apparent compliance with every regula-
tion of the Town. He asked that this be taken into consideration, because
both Variances are need.d from the Zoning Board at this meeting, in ord.r
to app.ar before the Planning Board tomorrow evening. A majority vote is
need.d.
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Regarding the buffer, Mr. Stewart requested an Interpretation or Opin-
ion from the Board that there is no buffer requirement applicable. If the
Board disagrees, then the application asks for a Variance.
Public ...ria, O,..ed. Support
Marilyn Stark. Mohican Motel
Ms. Stark urged approval of the Variance.
David Kenney. Adirondack Pactory Outlet/Day's Inn
Mr. Kenney is in favor of tbe proposal, tbe applicant bas demonstrated
bis position quite well. Mr. Kenney was on tbe Advisory Committee and
agrees witb Mr. Stewart tbat a buffer zone would not be applicable in tbis
case, a Variance is not required bere.
Robert Eddy, Beautification Committee
Mr. Eddy stated tbat be was a member of tbe Zoning Ordinance Revision
Committee and tbe buffer zone was his suggestion. His intention was wbat
goes on on eitber side of tbe property and at tbe rear, but not wbat went
on across the road. The word ·use· also was Mr. Eddy's suggestion, this
was to protect the residential properties from encroachment by commercial,
industrial or recreational/comaercial. In the new ordinance, anything
that exiats would be exempt from the requirement, but anything that is be-
ing built, would require a buffer.
Opposed, none
Public ...riD, Closed
Correspondence. Mrs. Goetz read a letter from tbe Beautification
Committee (Exbibit C).
Regarding the buffer, Mrs. Goetz agreed with Mr. Stewart and does not
believe a road is a buffer zone. Messrs. Kelley and Griffin also agreed
that, with the highway involved, there should be no buffer zone. Mr.
Griffin also stated that, with the lay of the land on the south side of
the road, there most likely would be no residential use in that area.
Mrs. Goetz moved that NO VARIANCE IS REQUIRED for Area Variance No.
1403, Story town U.S.A., Inc.. Zoning Ordinance Section 7.079 states
·Where any commercial use or industrial use as defined in this ordinance,
abuts any residential use at the lot line or on the same street, that
said commercial or industrial use shall provide at least a 50 foot buffer
zone from the adjoining lot line of the residential use.· Mrs. Goetz does
not - feel that applies in this particular case. In Section 4.020-g there
is no indication that a buffer zone is needed in Recreation Commercial.
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Seoonded by Mr. Sioard.
Prior to voting, Mr. Turner stated that his employer, National Welding
Company, oooasionally does work for Mr. Wood. Paul Dusek, Counsel, ad-
vised him that his vote would be aooeptable.
pass.d U...i~..ly
Mr. Griffin moved APPROVAL of Area Variance No. 1404, Story town,
U.S.A., Ino.. The applicant has demonstrated practical diffioulty. In
the surrounding area, there are several cases where the slopes are in ex-
oess of 30·, and they have been stabilized with plantings or retaining
walls. Aooording to the plan that has been submitted before this Board,
the proposed slopes will be stabilized in a like manner.
Seoonded by Mr. Kelley.
Pa.... Unaat.o..ly
Hr. TëJi;:þ~T~O
Theodore Turn.r, Chairman
p.m.
Date
9· I tf,f¡7
Date
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Section 7.075
Seasonal Dwelling Unit Conversion.
The conversion to year-round occupancy of any seasonal dwelling
shall be permitted only after approval under a Type II site plan
review and in accordance with New York State Building Code and
New York State Energy Conservation Construction Code.
Section 7.076 Frontage Upon a Public Street.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the standards of the ~own
of Queensbury.
A) The required frontage shall be i~ the amount prescribed fY
Ne)i YOJ:k. .State....Town L(i~Artic,l.e·' 16, Section 280a, S\lb-
division 5. 'J./.;, ','r,." . ....:,.\C,..~c,.\\' C. ,:',; c/..· ....'1 ,'1,:'
, ... , ~ . . . ': ,l . l' f V . .' ; ".
,..l. ., '" .:0, .. . . I'" .' " \, I, ' ,I. ~ , \.. . ' ! .
Section 7.077 Transient and/or temporary commercial use.
Such uses shall be allowed in Highway Commercial Zones only,
provided that approval under type II site plan review has'
been granted for each individual occasion.
Section 7.078 Minimum floor area per dwelling unit.
1. Single family dwelling
2. Two family dwelling, each unit
3. Multiple residential, each unit
Section 7.079 Buffer Zones
Amend.
6/83
- 800 sq. ft.
- 7 50 sq. ft.
- 600 sq. ft.
Where any commercial use or industrial use as defined in this
ordinance, with the exception of farm operations, abuts any
residp.ntial use at the lot line or on the same street, that
said commercial or industrial use shall provide at least a 50
foót buffer zone from the adjoining lot line of the residential
use.
Section 7.080 Farm Classifications. Because of the diversity of land
use in Oueensbury and for purposes of' this Ordinance, farms are
classified in four (4) categories (A, B, c, D) as defined below.
Class A - Any parcel of land in excess of ten (10) acres used
for the raising of agricultural products of the keep-
ing of poultry, fowl, livestock, small mammals or
domestic animals for commercial purposes, incluøing
the necessary farm structures and the storage of
farm equipment.
Class B - (Animals) Any parcel of land less than ten (10) acres,
but more than five (5) acres, used for raising or keep-
ing of livestock, poultry, fowl, small mammals or
domestic animals either for commercial purposes or for
personal pleasure or use. .
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