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1989-07-26 -- QUEENSBURY ZONING BOARD OF APPEALS REGULAR MEETING JULY 26TH, 1989 '1 :30 P.M. MEMBERS PRESENT THEODORE TURNER, CHAIRMAN SUSAN GOETZ, SECRET AR Y CHARLES O. SICARD DANIEL GRIFFIN JEFFREY KELLEY JOYCE EGGLESTON MICHAEL MULLER TOWN ATTORNEY-PAUL DUSEK JOHN GORALSKI, PLANNER P AT COLLARD, ZONING ADMINISTRATOR CORRECTION OF MINUTES June 21st, 1989: Page 8 Bill Robinson, bottom of page, Mrs. Goetz, sIb it might seem like that. There have been people who have suffered in the Town. Page 6, Linda Whitty, 3rd para. from bottom sketch sIb stretch. Page 13 5th para. Mr. Muller delete one if. MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MINUTES OF JUNE 21ST, 1989 AS CORRECTED,Introduced by Charles Sicard who moved for its adoption seconded by Susan Goetz: Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:None NEW BUSINESS AREA VARIANCE NO. 82-1989 WR-lA ROBERT ECKARDT ASSEMBLY POINT ROAD TO INSTALL A FENCE 20 FT. FROM THE WATER TO BLOCK OUT WATER STORAGE TANK AND TO PREVENT CAR HEADLIGHTS FROM SIßNING ON THE WINDOWS AT NIGHT (FOR PRIVACY). (WARREN COUNTY PLANNING) TAX MAP. NO. 8-2-6 SECTION: '1.012 E (1) LOT SIZE: 150 FT. BY '12 FT. ROBERT ECKARDT PRESENT MR. ECKARDT-Stated he did not know a variance was needed when he constructed the fence. The reason for the fence is that the house is to close to the road and at night car headlights come through the windows. Noise. At the docks right next to me there is a set of stairs which is used by five or six homes. Children play on the shed roof which is next to the storage water tank. Last year, kids were jumping on the roof and then onto my property. This would be another reason for the fence. The fence sets back inside the wall which is actually three feet on my property. Not sure who owns the water tank and the docks, asked for an answer? MR. GORALSKI-Stated that the people who own the houses have the right-of-way across the town property and they maintain the docks. MR. ECKARDT-Feels that the water tank and the docks are a disgrace to the shoreline and to Lake George, and his house. If he has a fence then this would solve the problem. MR. TURNER-Stated he knew they were there when he bought the property. MR. KELLEY-Stated that the roof he is talking about he got on to look at Mr. Eckardt's property. MR. ECKARDT-Feels if someone was to get hurt he would be liable. Does the Town own this? That's the reason for the fence that sits 20 to 30 feet back. PUBLIC HEARING OPENED NO COMMENT 1 -- .....- PUBLIC HEARING CLOSED CORRESPONDENCE Letter from David Hatin, Director of Building and Code Enforcement, dated July 25, 1989. (on file) Warren County Planning approved. (on file) STAFF INPUT Notes from John Goralski, Planner (on file) DISCUSSION HELD MR. KELLY-Stated the fence according to the Ordinance cannot be higher that 4 feet with a 75 foot setback from the lake. MR. ECKARDT-Asked why Mr. Hatin, told him it was 50 feet? MR. TURNER-Stated he knows the section he is referring to that is horizontal which is 50 feet. We're talking about setback which is 75 feet. MR. GORALSKI-Stated under Section 7.012 shoreline regulations fences can't be greater than 4 feet high erected 50 feet from the high water mark. Under Section 7.090 fences in general the Zoning Board has determined that a fence is a structure and therefore cannot be within the shoreline setback which is 75 feet. MR. MULLER-Asked if Section 7.012 came after our interpretation? MR. GORALSKI-Stated this is a new addition as of October 1988. MR. TURNER-Stated the problem is the discrepancy in the setback. MRS. GOETZ-Said then this would be a variance for the height and the setback. MR. TURNER-Stated he needs a variance irregardless. MR. GORALSKI-Suggested they consider whether it meets the Ordinance. MOTION TO APPROVE AREA VARIANCE NO. 82-1989 ROBERT ECKARDT,Introduced by Michael Muller who moved for its adoption, seconded by Joyce Eggleston: They're seeking an area variance. The applicant has demonstrated practical difficulty. There are unique circumstances regarding this lot. The practical difficulty is that this is a uniquely shaped lot as it is situated to Assembly Point Road. Car lights come into the house, and the Town of Queensbury operates a pumping station next door which is an eyesore. It would be in the best interest of the property right of this applicant to keep the five foot high fence in terms of what he is trying to blockout. He should be allowed to maintain the fence 20 feet back from the shoreline as this would be the only thing that would accomplish what he is trying to do. The short EAF form shows no negative impact. Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:N one AREA VARIANCE NO. 83-1989 WR-lA SUSAN CAROLAN POPOWSKI NORTHERN SHORE OF GLEN LAKE, JUST BEFORE GLENMOORE HOTEL REMOVING A PORTION OF THE BUILDING AND ADDING IN IT PLACE A LARGER AREA FOR LMNG. TIllS IS TO UPDATE THE CAMP FOR FAMILY USE. PROPOSED ADDITION IS 64.7 FT. FROM THE LAKE IN LIEU OF THE REQUIRED 75 FT. (WARREN COUNTY PLANNING) TAX MAP NO. 38-4-8,9 TAX MAP NO. 38-2-23 SECTION: 7.012-3 LOT SIZE: 2/3 ACRE CAROLAN POPOWSKI PRESENT MRS. POPOWSKI-Stated her grandfather bought this property about 70 years ago. The wing that they want to put on is a small wing in the back at the left with a distance of 53.7 feet from the lake. Would like to take this down, but in order to get it back 75 feet it wouldn't be attached to the present structure at all. Feels it would be unobstrusive. 2 '"- ~ ----" PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED CORRESPONDENCE Warren County Planning Board approved. (on file) STAFF INPUT Notes from Lee A. York, Senior Planner (on file) MOTION TO APPROVE AREA VARIANCE NO. 83-1989, SUSAN CAROLAN POPOWSKI,Introduced by Daniel Griffin who moved for its adoption, seconded by Mr. Turner: The applicant has demonstrated practical difficulty in that this is the only site on the lot for the addition. If we require the 75 foot shoreline setback the addition cannot be attached to the house. A addition on the lake side would be closer to the lake than it already is. The variance request is for relief of 10.3 feet this will be 64.7 feet from the shoreline, and is minimum relief. There is a holding tank in the rear, and the easterly sideline setback has problems. No negative neighborhood impact. The short EAF form shows no negative impact. Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:N one ~ \,\'j~ SIGN VARIANCE NO. 84-1989 HC-lA LOG JAM FACTORY STORES/REST. PETER B. MCHUGH WILLEY CREEK DEVELOPMENT CO., INC. FOR A DIRECTORY SIGN ATTACHED TO THE WALL FACING ROUTE 9. AT THE ROOF PEAK WOULD BE THE LOG JAM INSIGNIA. BELOW WOULD BE THREE DIRECTORY SIGNS APPROX. 4. FT. BY 6. FT. MOUNTED ON THE WALL. (WARREN COUNTY PLANNING) TAX MAP NO. 36-1-34.3 SECTION: SIGN ORDINANCE PETER MC HUGH REPRESENTING OWNERS OF LOG JAM FACTORY OUTLET MR. MC HUGH-(Presented pictures of facade which will have the location of the signs to be added. Presented picture to Board of signs presently in effect in front of the stores which are not visible from Route 9. Presented pictures of the French Mountain Commons showing their directory sign and individual signs for each store. Presented pictures of Adirondack Mall which has the same problem as the Log Jam Factory Stores, in that the mall is laid out in a direction which goes away from Route 9 and Route 149.) MRS. GOETZ-Asked if the signs across the street are in violation? PAT COLLARD-Will check into this. MR. TURNER-Stated they are only allowed one free standing sign. MR. MC HUGH-Believes there is a variance for the Adirondack Mall. MRS. GOETZ-Asked for a copy of the minutes for the Adirondack Mall variance to see how this came about. Feels he shouldn't have this because people go to those outlets and know they have to go in to see what's there. MR. MC HUGH-Stated each one of the stores that are in the mall would be listed on a small plaque so that could be identified to drivers coming from the south. MRS. GOETZ-Asked how could people read it coming up the road, especially with the traffic situation? MR. MC HUGH-Stated that their signs will be relatively small and not obtrusive. MR. TURNER-Feels that if anyone wants to go in there to look around, thinks they have the opportunity, and thinks this is a better drawing card than having the signs hanging out in front. Feels once there on the property you would have a better chance of marketing the products that are there. 3 '-.. ---- MR. MC HUGH-Feels that they meet the criteria of being granted a variance. Stated you can't see any of the stores coming from the south. MR. TURNER-Stated that there is no problem with business there at all. MR. MC HUGH-Stated previously there was a variance granted. MR. TURNER-Stated this doesn't set a precedent. It's all based on individual cases. Feels this case doesn't fall in the same category. MR. MC HUGH-Stated their stores are visible from the road where their's are not. MRS. GOETZ-Feels when this was granted you didn't have the development that is there now. Asked where was the proof that he couldn't get a reasonable return on his property? MR. MC HUGH-Stated it is virtually impossible to say that a certain degree of sales was based on how much the signs. . . MR. TURNER-Asked if he was getting a fair market price on his investment right now? MR. MC HUGH-Imagines getting somewhat of a return. Every tenant has requested that there store be identified on Route 9. MR. TURNER-Asked if they have lost any stores because they haven't been identified? MR. MC HUGH-No, but if you have to compete with the Adirondack Mall, then they have been granted an unfair advantage. Stated they have three signs per store and we're only asking for two signs and smaller signs. We have a geographical problem that they don't have. You can't see what's in our mall coming from the south. Feels this is arbitrary and a standard that the Board should consider. MR. MULLER-Asked that with the other shopping mall, didn't they give up something? MRS. GOETZ-Thought he gave up his free standing sign but can't speak without the facts. DISCUSSION AMONG BOARD MEMBERS MR. MULLER-Asked what was the test on sign variances, hardship? MRS. GOETZ-Stated he built the building long and narrow going back the way it was. The tests are; (1) Are there special circumstances or conditions applying to the land or signs which do not apply generally to the neighborhood. (2) Is reasonable use of the land or sign. . .with the Ordinance as compiled with. (3) Is there an adverse effect on neighborhood character or public facilities. (4) Are there any feasible alternatives. (5) Is the degree of change substantial relative to the Ordinance. MR. TURNER-Feels he is basing his argument on the fact that the other people have it why shouldn't they. MR. MC HUGH-Stated the argument is that you can't see the signs coming from the south. You don't know what stores are in the shopping center and that the layout of the building is such that you can't have the stores facing the front so we want to have them identified. MRS. GOETZ-Asked why the building was faced that way? MR. MC HUGH-To make the maximum use of the property. MR. TURNER-Asked how much frontage they own? MR. MC HUGH-A couple hundred feet, not sure. The site is approximately three to four times long in depth as it is in width. MR. MULLER-Asked if there was such a thing as a non-premises directional sign? MR. TURNER-No. You can have an off- premises sign, but only by the Planning Board. MR. MCHUGH-Feels that they are asking considerably less than what the Adirondack Mall was granted. 4 "',,- .; .-' PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED CORRESPONDENCE Warren County Planning approved. ( on file) Letter from Donald J. White, Small World Shoppe, opposing area variance no. 84-1989 (on file) STAFF INPUT Notes from John Goralski, Planner (on file) DISCUSSION HELD MR. KELLEY-Feels since it is a difficult road if you knew what was in there you could make that decision whether or not to get off the road. Feels this is a reasonable request. MRS. GOETZ-Asked about making better use of the free standing sign? MR. TURNER-Stated you couldn't do that. MR. MULLER-Asked if they are denying the applicant any reasonable use of the sign or his land by denying this request? MRS. GOETZ-Asked the Board what they thought about them asking for a different type of variance. It would still be a variance, but use the free standing sign in a different way to accomplish what he wants to without adding more signs? MR. TURNER-Feels that he built the building where it is he created his hardship. Thinks to do anything different with the signs is going to create a catastrophe for the Board. MRS. EGGLESTON-Feels he has valid reasons of why he wants the sign. MOTION TO TABLE SIGN VARIANCE NO. 84-1989, LOG JAM FACTORY STORES REST.,Introduced by Mr. Turner who moved for its adoption, seconded by Susan Goetz: To obtain the minutes of the Adirondack Factory Outlet Sign variance that has been previously granted. To have the Building Department investigate the existence of any neighboring sign violations. To look at Zayres, Mark Plaza, Glen Square. Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:N one AREA VARIANCE NO. 85-1989 WR-lA JANET R. LEONELLI BIRCH ROAD, GLEN LAKE PROPOSAL: TO CONSTRUCT A NEW SUMMER HOME WmCH WOULD BE MORE IN THE CENTER OF THE LOT. APPLICANT WOULD TEAR DOWN EXISTING NONCONFORMING SUMMER CAMP. ALSO, REQUEST IS FOR A LAKE SETBACK OF 35 FT. IN LIEU OF THE REQUIRED 75 FT. (WARREN COUNTY PLANNING) TAX MAP NO. 39-1-27 SECTION: 7.012-3 LOT SIZE: 100 FT. BY 20 FT. MR. LEONELLI PRESENT MR. LEONELLI-Stated that there is a septic system there that is leaking into the lake and is 19 feet away from the shoreline. The adjoining properties are 30 feet on the left and 32 feet on the right. We would like to be more in line with the character of the neighborhood. Would like to tear the old down building, and move the septic system in back of the lot. PRESENTED DIAGRAM OF PROPOSE HOUSE TO THE BOARD MR. LEONELLI-Stated that he will meet all setback requirements. Stated he will be more than 20 feet on the backside. The old septic system will be filled and the old house torn down. MR. GRIFFIN-Asked if he stated the house was going to be 35 feet away from the lake? 5 '-- ---- MR. LEONELLI-Yes. MR. GRIFFIN-Asked he was going to have a deck? MR. LEONELLI-Understands that the deck has to be 35 feet from the lake. Stated if he does have a deck it will start at 35 feet. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED STAFF INPUT Notes from John Goralski, Planner (on file) Warren County Planning approved. (on file) DISCUSSION HELD MR. KELLEY-Stated they've addressed the setback from the shoreline to the front of the building, but this does sit on an angle, asked about the sidelines? MR. LEONELLI-Stated the sidelines are 50 feet, from the house to the lot is 100 feet. MR. KELLEY-Asked if he planned on meeting at least the 20 feet on the close side? MR. LEONELLI-Yes. MOTION TO APPROVE AREA VARIANCE NO. 85-1989 JANET R. LEONELLI,Introduced by Daniel Griffin who moved for its adoption, seconded by Charles Sicard: The applicant plans to remove the existing deteriorating building. The new building will be 35 feet back from the lake which is further back than the surrounding houses and this is the practical difficulty. This proposal is within the sprite of the Ordinance. The remaining setback requirements will be met with the new house this is an improvement to the neighborhood. The short EAF form shows no negative impact. Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:N one AREA VARIANCE NO.86-1989 WAYNE PELAK IMPERIAL MOTEL NORTH SIDE OF AVIATION ROAD, EAST SIDE OF THE SILO, WEST OF LIAPES TO INCREASE THE NUMBER OF UNITS FROM 31 TO 48. THE EXISTING ONE STORY ROW OF 7 UNITS WILL BE DEMOLISHED AND A NEW TWO STORY STRUCTURE CONTAINING 24 UNITS WILL BE BUILT EXTENDING SOUTHERLY FROM REMAINING ROW OF UNITS ON WEST, 10 FT. FROM WEST BOUNDARY. TOTAL GROSS FLOOR AREA WILL BE 16,173 SQ. FT. (WARREN COUNTY PLANNING) TAX MAP NO. 72-5-13 SECTION: 4.020-K LOT SIZE; 1 ACRE JIM DAVIES REPRESENTING WAYNE PELAK DRA WING SHOWN TO BOARD MR. DAVIES-Explained that the plans are to demolish the existing 7 units on the westerly boundary of the property. The problem being the boundary line is 10 feet back from the existing units. Plans are to demolish some of them, add 24 new units essentially in the same area as the existing row of 7 units. The new units will be somewhat smaller than the existing units. The extension will be southerly to the existing office building. The reason for this proposal is because of the nature of the motel business. Mr. Palek, has been negotiating with the Econo Lodge people, and they have approved his application to be in their group, but have certain requirements. One of them is that there be at least 50 units. Econo Lodge has acknowledged because of this particular property they will go along with 48 units. MR. TURNER-Asked if the septic system is updated enough to handle the new increase in volume. MR. PELAK-Yes, as per conversation with Mr. Shaw from the Town of Queensbury. 6 -..---> MRS. GOETZ-Stated that they approved the pool at one point, asked if they have the pool? MR. PELAK-No, decided not to put one in. MR. GRIFFIN-Asked about parking? MR. PELAK-Stated as labeled their are 51 parking spots. MR. SICARD-Stated this was going to increase traffic. MR. DAVIES-Stated part of the idea of going to a motel chain is that you have to have uniform rooms with uniform standards. Thinks that the net effect might increase the traffic. MR. SICARD-Asked how many buses would he anticipated taking in on a weekend? MR. PELAK-Stated he isn't doing any buses now. If he does, possibly two, but if I take two buses there won't be any parking. MR. SICARD-Asked if he would be taking down the building that housed Elaina's Beauty Boutique? MR. PELAK-No, presently using that as my office. MR. TURNER-Asked when the sewers were going to be hooked up? MR. PELAK-September. MR. TURNER-Stated they are on the same existing foundation as they were before. PUBLIC HEARING OPENED CATHERINE KELLEY-Carlton Drive. With the Silo and the way the situation is right now we have an awful traffic problem to get out of our street which also is used by people living on June Drive, School House Road. You take your life in your hand. You cannot go down the hill because of the light that's proven to be the most hazardous area in Queensbury. MR. TURNER-You don't come to the light? CATHERINE KELLEY-No. I go up to the school turn around and come down hill to get to where I'm going. Also with. . .without addition to the Town. . .we have Niagara Mohawk trucks, buses, everything parking. . .where the Silo is. I'm afraid that the traffic problem will be worse than what it is now. Would like the Board to consider this TERESA P AZOULO-I also live on Carlton Drive and own property there. I have the same objection to this. It's terrible we've had enough with the Silo and we don' need anymore. DAN OLSEN-Carlton Drive. The two ladies who spoke before mentioned serious problems. I just want to touch base on the Silo again. If you look at the Silo it's a large size building that was put on a small piece of property. You have an example of what have is overbuilt. Go over on Aviation Road, Carlton Drive, Schoolhouse Road, on a Saturday or a Sunday, around the holidays or anytime of the day, and look at the traffic it's backup and goes out onto private streets, I should say Queensbury town roads. There are some cases I would suspect sometime in the winter when Schoolhouse Road there is a lot of snow, there are high snow banks and there is a line of traffic piled and parked there I doubt that in a real emergency a emergency vehicle would have real difficulty getting into Schoolhouse Road, June Drive, possibly Carlton Drive, because the traffic is parked there which is caused by the Silo's overflow. They don't have enough parking spaces to handle their own business, but that's probably the. . .county years ago, but that's something that adds to that traffic pattern. I wish you could look back in your records and check and see it seems to me that. . .an expansion a few years ago I think they were granted variances to expand to the present situation, I'm wondering if your looking at a variance on top of a variance. I don't know, but Mrs. Kelley talked to a neighbor this evening by the name of Britt who's backyard borders directly on the property we're talking about a section touching backyards to backyards so I don't know if legal notices were sent to everyone that was affected. MRS. GOETZ-James Britt? MR. OLSEN-Yes. MRS. GOETZ-They are on the list. MR. OLSEN-I think really what my main objection is what's happening to the character of a small residential section that's bordered by Aviation Road, bordered by the Northway, and 7 ----- Route 9, and Zayres behind us. Most of us built there or moved there when there was no commercial business on Aviation Road except that Zayres was there and the Northway was there before us too, most of us. In the last few years business has increased on Aviation Road, because it's a viable road and has good visibility and it's high priced real estate. I just feel if you allow a variance like this to go through the increase in this motel is going to affect possibly the houses that border directly and it's going to affect the entrance to that subdivision which is. .mainly a subdivision of older homes. The people are happy that live there and we enjoy that neighborhood. I don't know if the people have done a traffic survey yet or anything on the traffic conditions on that road. There have certainly been alot of surveys by the State of New York, Warren County, but if you just take the time and look at that intersection Aviation Road from Quaker, and Route 9, and up to the Northway, and the bridge where the little red light is which did not help a least bit the people that live in that subdivision and makes the situation worse. Now if you want to get out of Carlton Drive or Greenway you have cars that are backlogged down the hill waiting for a red light that's holding them up on Aviation Road so you can't get across traffic. Coming from the west to the east from the Northway Bridge towards Route 9, if you want to make a left turn in that subdivision or the gentlemen who wants to. . .in the motel his customers may not be able to get into that hotel. I think if you really look at the present road conditions and the traffic that's there go, out on a Saturday or a Sunday afternoon. The tourists are here now, go over on a rainy day when they're not around the lake and are in the mall shopping center to see the traffic that gets back up in that particular area. I think that's all I want to speak about was the extra traffic, the extra conditions that it's going to bring into the area that's already hard pressed. The development or increasing size I think overuse of the existing property to in the area. Thank you for your time. MR. TURNER-Dan in answer to your questions about the previous variances the other variances that came before us by Mr. Pelak, we're required because that was UR-lO. This time around we tried to separate the highway commercial from the residential so now he is in here. We knew the last time around when he was in here that he was coming back for another variance because he expressed it. The concerns of the Board that he was going to develop this front part of the property on that site to make it look like the rest of the property that was there. MR. OLSEN-I was more concerned about I think a variance that was granted from the previous owners. I don't know who owned it before this gentlemen or where it transpired from that. I thought at that time possibly a variance was granted. That's the reason I brought that up. PUBLIC HEARING CLOSED STAFF INPUT Notes from Lee A. York, Senior Planner (on file) CORRESPONDENCE Memo of a phone call between Lee York, and Michael O'Connor today at 3:00 p.m. He is representing Mrs. Liapes, neighbor of Mr. Pelak. Not opposing area variance no. 86-1989. (on file) Warren County Planning Board approved. (on file) Letter from Econo Lodge dated July 5th, 1989. (on file) Letter from Glens Falls Independent Living Center, dated August 8, 1989 to Richard Roberts, Chairman Planning Board. (on file) Letter from Harry Troelstra owner of The Silo. dated July 11, 1989. Not opposing area variance no. 86-1989. (on file) DISCUSSION HELD MR. MULLER-Stated that if you look at it as it's presently built, it's zoned highway commercial. Understands the concerns of the neighbors in terms of the impact. We're concerned about the impact of traffic situations or whether or not he has demonstrated that he has sufficient reason to be allowed to exceed the allowable 15,000 square foot. MR. GRIFFIN-Asked what time of day do you do most of your business? MR. PELAK-Most of the business comes in between 5:00 p.m. and 9:00 p.m. at night and disappears between 9:00 p.m. to 11:00 p.m. MR. GRIFFIN-Asked if people mostly stayed on a one night basis? MR. PELAK-Stated it's mostly one night in the winter time. Summer time we have three or five days stays. MRS. GOETZ-Asked if he had efficiency? MR. PELAK-Yes. MRS. GOETZ-Asked if he is going to do away with these? 8 --~ MR. PELAK-The existing ones will remain. MR. TURNER-Asked what kind of tours will he be having? MR. PELAK-Bus tours. Senior citizens coming in September, possibly ski tours coming in in the winter. MRS. GOETZ-Stated this might be less impact than what Elaina's Beauty Boutique was. MRS. KELLEY-Even five cars is to many. PUBLIC HEARING REOPENED MR. OLSEN-I like to direct a question to you Mr. Chairman. A question came up about efficiencies units and I'm concerned with the efficiency units which I know they're rented. I would like an answer as to the clientele or customers that they rented to. Are they rented over night or are they rented on a regular basis for a number days or week, or emergency houses for people. If they are, I think they're in a different type of business. MR. PELAK-The efficiencies are mainly rented to people who are moving and they need a three month rental or two month rental to wait to get into their houses. I have contractors who come in October and go out in April. Hopefully with the Econo Lodge on a day by day basis I won't need monthly rental units. MR. TURNER-The question is how many are in there? MR. PELAK-Four. PUBLIC HEARING CLOSED MOTION TO APPROVE AREA VARIANCE NO. 86-1989 WAYNE PELAK, IMPERIAL MOTEL,lntroduced by Jeffrey Kelley who moved for its adoption, seconded by Michael Muller: The applicant has presented facts that lead us to believe this is a reasonable request. The sideline setback variance on the west where the requirement is 20 feet has a proposal for a 8 to 10 foot variance this would be a definite relief of 10 feet and this is reasonable. The previous variance has been granted relating to the setback. The neighbor on the west doesn't object. The allowable square footage maximum allowed is 15,000 square feet and this application is asking for 16,173 square feet this will be just under 8 per cent over the requirement. This is a minimum request and not excessive. Regarding the effect on public facilities there has been testimony on the traffic situation on Aviation Road. We do not feel that this applicant is the specific cause of the traffic problem in the area. There is the imminent use of the sewer system which lends credibility to this application. Regarding the reasonable return on the property the association with the Econo Lodge should help the applicant improve his reasonable return on the property. The short EAF form shows no negative impact. Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:N one AREA VARIANCE NO. 87-1989 LI-lA m-lA GLENS FALLS CEMENT CO., INC. EAST OFF GLEN STREET ONTO WARREN STREET APPLICANT SEEKS AREA VARIANCES FOR 14 STRUCTURES WmCH WERE INADVERTENTLY CONSTRUCTED BETWEEN 1970 AND 1987 WITHOUT HAVING FIRST OBTAINED VARIANCES. OF THE 14 STRUCTURES, 8 REQUIRE ONLY A SETBACK VARIANCE BECAUSE THEY ARE ADJACENT TO ONE OF THE RAILROAD LINES, 3 REQUIRE ONLY A HEIGHT VARIANCE, AND 3 REQUIRE BOTH A SETBACK AND A HEIGHT VARIANCE. (WARREN COUNTY PLANNING) TAX MAP NO. llO-3-43,45 TAX MAP NO.ll3-2-1,2,4 SECTION: 4.020-N AND 0: SETBACK/HEIGHT LOT SIZE: 20.41 ACRES JOHN RICHARDS REPRESENTING GLENS FALLS CEMENT COMPANY MAP SHOWN TO BOARD MR. RICHARDS-Thinks that they've caught every possible encroachment there was. (1) Would ask the Board if there is anyway they could avoid repeated appearances here every time there is a minor addition to one of the structures that's within the setback. (2) Suggested for your consideration if it's possible for the Board to interpret this site so that we would only have 9 -- ----- to come back for setback variances if they felt they wanted the setbacks along the perimeter rather than the railroad lines, Feeder Canal? MR. TURNER-Feels that they have a viable facility they didn't violate by nature it's violated by the purposes. Suggest to the Board that we either allow it or not allow it. MR. SICARD-Feels that this could go onto something else. Thinks that you have to approach this carefully. MR. TURNER-Stated that they will consider Mr. Sicard's suggestion. MRS. GOETZ-Asked to see the map. Stated that the Feeder Canal Alliance is very strong. MR. RICHARDS-Emphasized that they're not talking about encroaching on the land owned by the State, we're talking about setbacks. Would have to get permits from the State. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED STAFF INPUT Notes from Lee A. York, Senior Planner (on file) Warren County Planning Board approved. MOTION TO APPROVE AREA VARIANCE NO. 87-1989 GLENS FALLS CEMENT CO. INC.,Introduced by Michael Muller who moved for its adoption, seconded by Mr. Turner: This is an area variance for all reasons specified in the application. The fourteen various variance request have been demonstrated on the map and are part of the application. Duly adopted this 26th day of July, 1989, by the following vote: A YES: Mrs. Goetz, Mr. Sicard, Mr. Griffin, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:N one On motion the meeting was adjourned. RESPECTFULL Y SUBMITTED Theodore Turner, Chairman 10