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1990-09-26 QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING SEPTEMBER 26m, 1990 INDEX Area Variance No. 69-1990 Burton & Doris S. Perkins l. Area Variance No. 70-1990 Cathy A. Smith 1l. Area Variance No. 71-1990 Kenneth Piacente 19. Area Variance No. 73-1990 Thomas Babcock 25. Area Variance No. 74-1990 Frank & Faith Nolfi 33. Use Variance No. 75-1990 Glens Falls Country Club 38. Use Variance No. 76-1990 Ronald P. Dufour 39. THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. -- QUEEIISBURY ZONIIIG BOARD OF APPEALS SECOND REGULAR MEETIIIG SEPTEMBER 26YB, 1990 7:30 P .H. MlltMBIItRS POSENI' THEODORE TURNER, CHAIRMAN SUSAN GOETZ, SECRETARY JEFFREY ÌŒLLEY CHARLES SICARD BRUCE CARR MICHAEL SHEA MEMBIItRS ABSEIl'!' JOYCE EGGLESTON DEPUTY TOWII ATl'ORIIEY-KARLA CORPUS ASSISTAII'I' PLADER- STUART BAKER STEIIOGRAPBD.-MARIA GAGLIARDI MR. TURNER-Before we get into the meeting, I just want to make a brief announcement. Variance No. 72-1990 has been withdrawn, that was Top Notch Properties, Inc., v.hich is located on Main Street in West Glens Falls, that has been withdrawn by the applicant. JIIEW BUSIlŒSS: ADA VAJUAIlCE NO. 69-1990 TYPE II WR.-lA BURTOII & DORIS S. PERKIIIS OWIIER: SAME AS ABOVE EAST SIDE OF ASH DRIVE, GLEN LAKE DELETION OF BLOoc. SHED AND COIISTRUCTION OF A TWO CAR GARAGE. REQUESTIIIG BELIEF ROM SIDE YARD SETBACK OQUIREMENTS. (WARREll COUNTY PLANNING) TAX HAP 110. 39-1-54 LOT SIZE: 0.31 ACBES SECTION 4.020 D MR. PERKINS, JR., REPRESENTING APPLICANTS, PRESENT MR. TURNER-Are you representing the applicant? MR. PERKINS-Yes. I'm representing my mom and dad. MR. TURNER-Okay. Do you care to add to that (applicatiort), any of those comments? MR. PERKINS-Sounds good. MR. TURNER-Sounds good? Alright. I guess I might ask you, v.hy couldn't you go with a smaller garage? MR. PERKINS-They have two vehicles and they also have some equipment. I think it's listed on there, a tractor, snowblower, tillers. MR. TURNER-Okay. How about a shed for them, in place of that? MR. PERKINS-There's a shed, right there, that they would like to take down, now. MR. TURNER-You could build a storage shed, though. MR. PERKINS-Well, the shed that's there now is very small and it only has a 20 inch door entrance. MR. CARR-I think what Mr. Turner was saying, though, is.... MR. PERKINS-Is the shed, in addition to it. MR. TURNER-Yes, a shed, in addition to. MR. CARR-Yes, because I think you can have up to 100 foot square. MR. TURNER-You can have up to 100, ri ght, 100 square feet wi thout a permit. 1 MR. CARR-Yes. MR. PERKINS-The major problem being, of course, that they have the two vehicles. One happens to be a 72 vintage Cadillac that they have a very low mileage, that they need to keep out of the weather, of course. Then they also have their own vehicle that they use year round. MR. CARR-Is the Cadillac used year round, or is that more just special occasions? MR. PERKINS-It's special occasions, yes. MR. TURNER-Anyone else got any questions? MR. SHEA-Have you considered alternative site location on the property? For example, closer to the road and farther away from the side yard setback? NADINE JOHNSON MRS. JOHNSON-I am Nadine Johnson, his sister. If we go down closer to the road, we have granted the people next door, they use our driveway to go into their property. To move it down closer, it would be a hazard swinging in and out. To move it up further is where their whole septic system is. I think it's on one of the maps. Plus, they have to have a fuel delivery truck that comes in to deliver the heating oil for the winter. Anything over further, the truck wouldn't be able to get through. MR. SHEA-The reason for asking closer to the road is that, Wiere the proposed location is, it's not far from the neighbors building. If they were ever to add on or increase the size of that particular dwelling, then the amount of side yard setback would really come into play. MRS. JOHNSON-Okay, which building are you talking about? MR. SHEA-That would be the building to the west, the property to the west. MRS. JOHNSQN-Peter Maille? MR. SHEA-No, that would be the Robert property. BURTON PERKINS MR. BURTON PERKINS-Marquardt? He couldn't build out because gravel and rock in there and they filled that all. It's There's no way they could build on it. he took and he brought 12 feet high, there. MRS. JOHNSON-They've raised their entire 12 feet. So, there's a steep bank, v.hich is another reason we want to get the garage there, to kind of cover the bank. MR. BURTON PERKINS-It helps cover it up because there's mulberry bushes and everything else and put ting it down further, closer to the road, in the spring, the runoff coming down from the hill from up above, from the Casino, my driveway is the lowest lot on that road and in the spring, the water gushes right in there. It floods my property. It floods Peter Maille 1 s property and it also runs over in Dave Granger's property. MR. TURNER-Could we have your name for the record, please. MR. BURTON PERKINS-My name is Burton Perkins. I'm the applicant. MR. TURNER-Okay, thank you. MR. BURTON PERKINS-We've had a problem there, ever since we've been there, with water coming down that hill. MRS. JOHNSON-The Town just recently installed a catch basin there, right at the end of the driveway. MR. BURTON PERKINS-They put a catch basin right by my driveway. It stops most of that coming down from off the hill, but now we're getting it from the other property, from Marquardt's property, on the road, is coming in, too, but in the spring, it floods there. 2 -- MRS. GOETZ-Which resident has access through your driveway, Maille or? MR. PERKINS-Maille. MRS. JOHNSON-Maille. MRS. GOETZ-Maille? MRS. JOHNSON-Yes, we let them come in our driveway. He's only got, on Peter Maille's side, he's got a little tiny short thing for a driveway, Wiich doesn't get him up to the house owned by Rita Fort, v.hich is where he's been living and, by letting him come in the driveway, he can park right by his door. MRS. GOETZ-There's no other way that he can get in on his property? MRS. JOHNSON-There's one on the other side of the brown, there's a little tiny driveway. MR. PERKINS-On the far side. MRS. JOHNSON-But that's to the brown place, that doesn't give him access to the door that he uses to get into Rita Fort's house. MR. KELLEY-It's a right-of-way? MR. TURNER-No. I guess it's just a mutual agreement where they live. MR. CARR-It's probably more of a license than an easement. MRS. JOHNSON-There's no easement or anything or anything on a deed. It's just, let them do it. MR. TURNER-~he parties agree, right? MRS. JOHNSON-Yes. MR. KELLEY-This proposed garage, are the garage doors going to face Ash Drive? MRS. JOHNSON-Yes. It's going to be one garage door, off set. MR. KELLEY-Okay. MR. CARR-There's going to be one garage d~or, did you say? MRS. JOHNSON-One large door. MR. CARR-One large door. MRS. JOHNSON-One large door, rather than two small ones. MR. KELLEY-And would you repeat, again, your reason why you cannot move it more to the northeast, I guess? MRS. JOHNSON-Towards their house? MR. KELLEY-Towards FortIs, yes. MRS. JOHNSON-Their septic system covers that area up there. MR. KELLEY-Your septic system? MRS. JOHNSON-Our septic system. The leachfield and everything goes out down towards that way and, also, the fuel oil truck has to back in right there. MR. SHEA-But the fuel oil truck doesn't need a width of 25 feet to get into that property, so, where, precisely, is the leachfields and the septic system? MRS. JOHNSON-They're on, I think, it's Map B. Therels an H right there. MR. CARR-Here it is. The next one, the next map, right there, H, and there's the leachfield coming out. 3 ~' MR. TURNER-Okay. MR. KELLEY-The H is where the septic system is? MRS. JOHNSON-They have our septic tank and then they have a drywell and then the leachfield comes out from the drywell and that covers that whole area. MR. TURNER-You have a measurement, on here, that indicates 35 feet. Is that 35 feet from the proposed garage to where the septic tank is? MRS. JOHNSON-You're talking the one on the maps? MR. TURNER-B, Map B. MRS. JOHNSON-Yes. MR. TURNER-So, it's 35 feet from the back of the proposed garage to where that septic tank is? MRS. JOHNSON-From the front of the garage to the tank. MR. TURNER-Okay, but the leachfields are which way, now? Are they towards the garage? MR. PERKINS-Towards the garage, towards where the proposed garage would be, yes. MR. TURNER-Which way do they fan out, do you know? MR. BURTON PERKINS-Towards Ash Drive. MRS. JOHNSON-Is it one line down? MR. BURTON PERKINS-Two lines going down towards Ash Drive. MRS. JOHNSON-Two lines down. MR. TURNER-You've got, what, two leach arms? MRS. JOHNSON-Yes. MR. SHEA-But they don't go past the garage, do they? MRS. JOHNSON-No. They stop. I don't know if you've seen the property? MR. SHEA-Yes, I have. MRS. JOHNSON-It's up high, up by the house and it starts sloping down, and where that sloping is, that's where, up in there, is where the whole leachfield is, up on the high portion. MR. CARR-I think Mr. Shea had asked you this question, he said move the garage back and I think you took it as moving it back towards the Lake. MRS. JOHNSON-Well, towards Ash Drive. MR. CARR-But I think he means back toward Ash Drive. MRS. JOHNSON-Right. MR. CARR-Why can't that? MRS. JOHNSON-Well, like dad had said, that area floods, right there, from the water, the snow and everything coming down. Plus, it's a sharp turn into the driveway anyway. To put a garage there, other people that would be, like, Peter Maille, ~uld be using it. It would, possibly, create a hazard for him to make a turn. The driveway itself is very narrow and then it's all grass on the one side, but there are big apple trees on the other side. MR. KELLEY-I think the difficult part is, you know, you have this application, you go up there and you look at it and it looks pretty wide open and you're not aware that other people are crossing this property. I mean, if you knew that, you'd look differently at it, and then, not really knowing exactly where the septic 4 -- system is, I think that presents a little bit of a problem because I know, in my own mind, I would tend to say that there's got to be a way to move this proposed garage more to the northeast. MRS. JOHNSON-Originally, we were going to move it up towards the house, more. We were going to stake it all out, further and we said, no, we better go way back from where the whole septic is and that's what we did. MR. KELLEY-Right, and that's not, I think, what our problem is. I think the problem is, the One foot off the property line. MR. TURNER-Yes. MR. PERKINS-The existing shed that is there is only five to six feet off the property line, right now. MR. TURNER-Right. MR. CARR-But it's a lot smaller than a two car garage, too. MR. BURTON PERKINS-And, see, the other property, now Maille's property, the brown camp, the water off that roof drips on my property. He's right on the line. MR. TURNER-Those are old buildings that were there before any of this was established. MRS. JOHNSON-Right. MR. KELLEY-See, we have to look at it that area and the way that it's zoned, line. Now, we know 20 and 20 is 40. or 10 feet to, theoretically, build in. from the standpoint that, technically, in you have to be 20 feet from the property You've only got, what, how many feet, 9 MRS. JOHNSON-Yes. MR. KELLEY-So, we understand the need for a variance, but we have to try to get you as far away from that property line as feasible, or, in your mind, as close to it, but yet. MR. CARR-I'm not sure that a two car garage is minimal relief. I know you want a two car garage, but, I mean, it's a small piece of property and I'm wondering if, you know, in a one car garage, you could house the classic car and then use a shed to store the yard equipment. MRS. JOHNSON-One of the yard equipment's a 12 horse tractor with a plow. I mean, that's not going to fit. By the time you put that and a tiller, a roto tiller, a snowblower, you know, you're going to need a shed big enough to fit, we're going to be back here, again. MR. TURNER-How big is the tractor? MRS. JOHNSON-A 12 horse, probably, six feet. With the plow on it, I would say six feet, end to end, and then you've got the attachments to it, that would have to go in, too. MR. KELLEY-Now, you said you had two cars or one? MR. BURTON PERKINS-Two. MR. TURNER-Two vehicles. MR. KELLEY-A '72 something, right? MRS. JOHNSON-Cadillac. MR. TURNER-Cadillac. MR. BURTON PERKINS-A '72 Cadillac and an '84 Chevy Caprice Wagon. MR. KELLEY-Does the '72 Cadillac get used daily, or is that? MR. BURTON PERKINS-No. 5 MR. KELLEY-Is there a chance that this garage could be designed differently so . , , that ~t s longer, to house them end to end, which would then make it narrower and we could then get some relief on the side property line. MRS. JOHNSON-At a lot of extra expense, I'm sure it could. They've already put, like, $15,000 into this property, to make it year round, to winterize and everything. In order for them to go anything other than a standard, 24 by 24 garage, it's going to cost them a lot of money, in addition to what they've already put in it. MR. KELLEY-It shouldn't cost that much more to have the same square footage, v.hether it's rectangular or square. MR. BURTON PERKINS-If you did it the way you're suggesting, I would have to put the garage doors in this way and there's not room to turn the cars that way. MRS. JOHNSON-You're saying, make a single garage, only double length? MR. CARR-Kind of, yes. MR. KELLEY-Something, yes. If you have One car that doesn't get used all the time, then you may be able to make it longer. You can put a door in the other end. You're talking about this tractor and so forth. If you get the car, let's say, facing Ash Drive, and you could put a smaller service door, of sane sort, on the other end, so if you wanted to get the tractor out, without moving the car, you could do it and drive around it. MRS. JOHNSON-But then we're talking about, probably, a 45 foot garage, and you've got 22 feet on the Cadillac and 20 feet on the Wagon. MR. KELLEY-Yes, but we could also be a lot better than one foot. be wrong, but I don't know that one foot side yard setback. be talking about a 13 foot setback, Wiich would I think the problem is, I don't know, I could anybody, here, is really going to grant you a MR. BURTON PERKINS-If that 13 foot setback was over on the side, like on Marquardt's side, like you want it, with the one car garage, thatls unusable property over there. It's just going to be berry bushes, weeds, and everything else. It's no good. I'm trying to improve the property, not make it worse. MRS. JOHNSON-It's growing wild. MR. BURTON PERKINS-By putting a two car garage on, I'm improving the property. I'm increasing the value of the property. It's worth more with a two car garage on it than it is a one car. I'm trying to improve the property. MR. TURNER-Yes, that's right, but you're only dealing with almost a 50 foot wide lot, that's the other problem. MR. BURTON PERKINS-Right, but where we have positioned it, we have positioned it so it will be in nobody's way. Everybody will come and go and it won't be in anybody's way. If you move it in any other direction, it's going to be right in somebody's way. MR. TURNER-I think what we're trying to tell you is that you're asking us for a one foot variance, where it requires a minimum of 20 feet. You're not offering the Board any alternative to what you're proposing. MRS. JOHNSON-I think what we're looking at is that, I mean, if you drive around their lot, I mean, the Lake, there are just houses and properties. They go from one side line to another. MR. TURNER-That's because they've been there, a lot of them. MRS. GOETZ-That's what we're trying to improve, that's why we can't allow the things to go on that did go on, to make this kind of situation. MRS. JOHNSON-But you're going to have that kind of a situation when you've only got 50 foot lots. MRS. GOETZ-But then, Wten you have a 50 foot lot, you have to realize, there's cert ain things you can't do on a narrow lo t like tha t, unless you can prove the practical difficulty, v.hich I know you're trying to do. 6 MR. BURTON PERKINS-If you go out and look at the lot, Marquardt's property, on this side, is nothing but fill, gravel, and stone and it's covered with briars and weeds and, just crap, just a mess, and I'm trying to cover part of that up, by putting that garage. MR. SHEA-We're not here to make a judgement On your neighbor's property and we can't make a judgement as to how someone may improve that property, in the future, and, in fact, the part of the property where you're proposing your garage, that may be an eventual home site. I mean, the fact that they have filled it in with gravel and that there are bushes, now, is not germane to our discussion, here. MR. CARR-You have 25 feet on one side of the garage and one foot on the other. I mean, Wiat about moving the garage over five feet, so you're right on the? MR. BURTON PERKINS-It'll put it right in the middle of the driveway and then the oil truck and the septic truck couldn't get in. He'd have to go over on Maille's property, in order to get in. MR. CARR-There'd still be a 20 foot distance between the garage and your property line, for those trucks to travel on. MRS. JOHNSON-There's a very thin line, there, between, the line runs on a diagonal. MR. BURTON PERKINS-The lot's not square. MRS. JOHNSON-And if you start, like, from Maille's property, the little brown camp, the property heads straight at an angle, which would cut across, so that, by the time you get up to where, for an oil truck to get around the garage, sticking out further, he's over on Maille's property. MR. BURTON PERKINS-He would have to go over on Maille's property, in order to deliver my oil. If I moved the garage any amount, two foot, three foot, or whatever, he would have to go over on Maille's property to deliver my oil. MRS. JOHNSON-I mean, we spent five hours moving those stakes, that day. MR. SHEA-Do you want to show us, here, on the map, because it doesn't appear that way, from the drawings that we have. You're saying the oil truck has to come in through here. MRS. JOHNSON-Right. MR. SHEA-So, if this were to be moved, let's say, five or six feet. MRS. JOHNSON-The only way that, if we moved it over, we'd have to tip the garage, because the property, this line is at an angle. MR. BURTON PERKINS -Our house sit s ri ght up here on the very edge and it si ts , not square with the garage. MR. CARR-Where does the truck come in? MR. BURTON PERKINS-The truck has to come in, here. MR. CARR-Okay, but this is all driveway area, all parking area. MR. BURTON PERKINS-No, that's Maille's. MRS. JOHNSON-This is where Maille's all park. MR. CARR-Right, but this is your property. MR. BURTON PERKINS-No. MRS. JOHNSON-Yes. MR. CARR-Alright, then what's this property? MR. BURTON PERKINS-Alright, this here, but, as you come up here, their line comes in, right on.... 7 -../ MR. CARR-Right down this line. MR. BURTON PERKINS-In order for him to deliver my oil, he has to walk his whole, he has to go down through Maille's property to deliver my oil. MR. SHEA-But he has to do that no matter where the garage is. MR. BURTON PERKINS-If you moved it over there, he couldn't get his truck in there. He's got to get his truck right up against the house in order to reach my tank because my tank is clear down front, on the house. MR. SHEA-I just don't understand. You have 25 feet of clearance, here. If you had 20 feet of clearance, a truck couldn't get through there? MRS. JOHNSON-Well, he'd have to come in this way and he'd have to come around, at that point he's on Maille's property and then he's going to have to come back in again and back up. MR. CARR-Well, Wiy can't he do it now? How does he do it, now? MRS. JOHNSON-Now, he comes straight up. MR. CARR-But, if he can come straight up, he comes straight up right to here, right? MRS. JOHNSON-He comes straight up, now, because that shed is four feet further in. MR. CARR-Right, so you're saying, he comes over here. be through your, where your garage is going to be. He comes up what would MR. PERKINS-What they have is a little parking area. They have a little parking area for the house next door that they use. They just drive up to their doorstep and park like this, now, instead of parking back here. MR. CARR-Yes. So, they park on your property? MRS. JOHNSON-Basically. MR. BURTON PERKINS-Yes. See, you've got one up here, too. like this. you have two homes, here. You've got one here and There's two houses on this lot and the line runs MR. CARR-Right. I can see the way the line runs. This is a survey. MR. BURTON PERKINS-You see, right here, on the corner of my house, that drips on Maille's property and, in order for him to come down and put fuel in my tank, he's got to walk through Maille's propert y. MR. CARR-But that doesn't have anything to do with the garage. MR. BURTON PERKINS-Alright, say you moved this garage over, MR. CARR- Fi ve feet. MR. TURNER-What happens if, for some reason, you don't, no longer let those people park in here? Then you've got free access to. MR. BURTON PERKINS-Then they're going to have to come in this way and park, here, by this house. MR. TURNER-Fine. MR. BURTON PERKINS-Would you do that to your neighbors? I try to get along with my nei ghbors . MR. TURNER-The point is, suppose this gets sold and somebody else buys but that could happen. That's hypothetical, but that could happen. have to come in here and come back here, irregardless, forget this property, forget him parking there. it, okay, So, he'd piece of MRS. JOHNSON-If we move it over further. 8 MR. TURNER-If you move it over further, because you can get a, you only need 10 feet to get that oil truck through. MR. CARR-I guess that's what I don't understand is, how come, you've got a garage, here and you've got ~ feet and he can make it through the 25 foot down to your house, but then he goes over five feet and he can't make it. MR. BURTON PERKINS-Right now, They've backed into it twice, they will not back into it. damaging my property. I've got a cement block building, right there. already. I'm trying to keep it over here so that Do you understand, I'm trying to keep them from MR. CARR-The garage is going to come out farther than that block bUilding, anyway, so if they've already hit that twice, they're going to hit the garage, regardless of where it is. MRS. JOHNSON-Not necessarily, because in the garage, he can see in his rearview mirror. MR. BURTON PERKINS-You move this garage out where you want it, 13 feet. What's going to happen to this property here? It's going to be no good. It's going to be of no value. MR. CARR-But that's the purpose of a setback. MR. JOHNSON-Are you saying to take a two car garage and move it over five feet? MR. CARR-I'm saying you mOve it over five feet, so you've got 20 feet on this side, \Jlich is the setback, and then we I ve got six feet over here and at least it's some, it's not on the property line. MRS. JOHNSON-That would be acceptable? MR. CARR-Well, I don't know, that's an option that I think the Board might want to discuss, if it's feasible. MR. BURTON PERKINS-Right now, this driveway comes straight right in. If you move that over five feet, then, when you come in there with that oil truck, he's got to go around that garage to get back. MR. SHEA-That's what he may have to do, if you want a garage. MR. BURTON PERKINS-Do you know what it's like driving an oil truck in the winter, in that snow and ice? MR. PERKINS-Yes, but if that's, that's probably what, the exit right there, is at that point anyway. MR. JOHNSON-Right. MR. PERKINS-So, all you're doing is bringing it further this way. MR. CARR-Right. MR. SHEA-So, we have to grant a variance because the guy can't drive a truck. MR. BURTON PERKINS-If my driveway's not plowed off, he won't deliver oil. MR. TURNER-Mr. Perkins, is your tank in the cellar? MR. BURTON PERKINS-Yes. MR. TURNER-How far is it to run the fill line from the front of the house to the back of the house? MR. BURTON PERKINS-You've got the same thing with the septic truck. MR. TURNER-The septic truck doesn't have to reach the septic tank, at all. They can pump right from the front of your garage. They don't have to go back there anymore. 9 MR. SHEA-He doesn't want to drag out the hose. MR. KELLEY-They can pump 50 feet. MR. TURNER-Sure. They can pump more than that. They don't have to go back to the tank anymore. We don't have any problem with that, but you're asking us to grant one foot relief from that. Okay, are we all set? MR. KELLEY-I don't know. Was it decided on five feet? MR. CARR-Well, I guess, I mean, I see that the location, because of the water and everything, it's probably the only location. I guess it's just a question of the side line setbacks and I'm not really in favor of an extremely long garage. I don't think that would be too si ghtly, but I would like to see the side line setbacks maximized as much as possible. So, I mean, if it's at all feasible that it could move over that extra five feet, I think, my way of thinking, I would be more comfortable with that than putting it one foot from the line. MR. KELLEY-Right. You meet it one way. MR. TURNER-Yes. MR. KELLEY-And you get some relief on the other side. MR. TURNER-On the other side, yes. MRS. JOHNSON-Are we talking, move the building five feet? MR. TURNER-Right. MR. CARR-So you're six feet from one side and 20 feet from the other and 24 feet in between, or the garage. MR. TURNER-You couldn't put a garage on there without some kind of a variance, anyway, the lot's too small. MRS. JOHNSON-Right. MR. TURNER-The garage you want. MRS. JOHNSON-Right. MR. TURNER-So, we're trying to minimize the effect, on one side, and you give us the maximum relief on the other side. You've got to meet us half way. MRS. JOHNSON-Okay. MR. CARR-I just think that would make more sense, because I know, as you said, that property is unusable, but that's the purpose of a side line variance is to have nothing used in that property. MR. KELLEY-Well, I think the other thing you've got to realize, you're talking about a lot that's, approximately, a quarter of an acre and it's now zoned one acre. So, the fact that you're even there, by today's standards, is probably a miracle. MR. TURNER-How long have you owned the property? MRS. JOHNSON-They've owned it four years. MR. TURNER-Four years? MRS. JOHNSON-They just made it year round property, within the last year. Just within the last year they've been year round. MR. TURNER-Was it a summer camp before? MRS. JOHNSON-Before, yes. That's why I said, they've put a lot of money into it to winterize it, to make it year round. MR. KELLEY-Was this the Hart's? 10 MRS. JOHNSON- Yes. MR. TURNER-I'll open the public hearing, if the Board doesn't have any further questions. PUBLIC: BEARING OPENED NO (X)MMENT PUBLIC BEARING a.OSED CX>RRESPŒDENCE Warren County Planning Board returned "No County Impact" STAFF IIIPUT Notes from Stuart G. Baker, Assistant Planner (attached) MR. TURNER-Okay, does the Board want to discuss anymore of it? Are you satisfied with it? Okay, motion's in order, then. MR. CARR-I'd like to make a motion, but, before I do, I guess I would have to ask the applicant, my motion's not going to conform to the proposal you've placed before the Board. It's going to be more along the lines of that which I discussed. Is that something that would be acceptable to you, or do you want me to make the motion based just on your proposal? MRS. JOHNSON-You're talking, to move the setback to six feet? MR. TURNER-Six feet, right. MRS. JOHNSON-That's good. MR. PERKINS-That's acceptable. MR. TURNER-Okay. IIOTION TO APPROVE WITH JIODIFICATIONS AREA VARIANCE NO. 69-1990 BURTON & DORIS S. PERKINS, Introduced by Bruce Carr who moved for its adoption, seconded by Charles Sicard: The zone requires a 20 foot minimum side yard setback. This would grant the applicant a 6 foot setback, a 14 foot variance from the southwest property line. The applicant would be denied reasonable use of the property by strict application of the Ordinance. The small lot size has presented a practical difficulty. The relief given is the minimum to relieve the practical difficulty specified. There will be no public services adversely effected. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Kelley, Mr. Sicard, Mrs. Goetz, Mr. Shea, Mr. Carr, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston AREA VARIAllœ 110.. 70-1990 nPE II œ-15 17 RIœARDSON ST8ET TO REMOVE EXISTING A 1991 BUD CODE DOUBLE WIDE MOBILE IØfEo, YARD SETBACK REQUIltEHllØTSo, (VADEN COœTY SIZE: 6,324 SQ_ FTo, SECXIQR 4.020 L C'ATBY A.. SMITH OWRElb SAME AS ABOVE 1960 MOBILE IØtE AND _PLACE IT VITH REQUESTIIIG RELIEF FIlOM FIlOIIT AND SIDE PLARIIING) TAX HAP BOo, 131-5-16 Lor CATHY SMITH, PRESENT MR. TURNER-How long have you owned the property, there? MS. SMITH-Nine years. MRS. GOETZ-The porch on the front, would that stay? You'd take everything down, that's there now? 11 MS. SMITH-Yes. I brought pictures. MRS. GOETZ-OOuld we see those? MS. SMITH-These aren't good pictures, but I'd like to remove that, that's the model I'd like to replace it with, but it's not a very good picture. is isn't that actual model, but it's just to show what it looks like, once set up, and I checked wÜh all my neighbors and they agreed that they would to see the old home gone, so they signed this for me. just This it's like MR. TURNER-That's not necessarily the one she's proposing, but that shows a setup of what it would look like. MS. SMITH-The yellow one would be the model I'm buying. It's a smaller model. I'm proposing to put the new one on a cement slab and, eventually, I would put it on cind~r blocks, so it would look more like a home. MR. TURNER-Are you gping to skirt it? MS. SMITH-I'm going to skirt it temporarily until I would have the extra money to put the cinder blocks under it. If you look at the map, I don't know if you have a copy of it. MR. TURNER-Yes. MS. SMITH-It's actually sits back about two feet from where the porch is now and it would be shorter than the existing home and it would just be square and I could move it back 10 feet from the road if that would be a, 10 feet from the back line. I'm not sure what the variance is, if that would help me meet the code. MR. TURNER-Yes, you're supposed to be back 50 feet. MRS. GOETZ-On the rear? Twenty, isn't it? MR. TURNER-No, fifty in the front. It's CR. MRS. GOETZ-On the rear? MR. TURNER-It's CR. It's CR-15. MRS. GOETZ-CR-15. Am I looking at the wrong place? MR. TURNER-Fifty feet. Fifty feet in the front. She's on the corner. MRS. GOETZ-Right, but she asked about the rear. MR. TURNER-The rear. MRS. GOETZ-Is 20. MR. TURNER-Right. MR. CARR-It's a 50 foot setback from each? MR. TURNER-Each corner. Each way, yes. 52 feet. She'd never make it. The lot's only MS. SMITH-It's the only thing I could figure out to do with this property, to be able to use it and live on it. MR. CARR- You said that you could move the home back, from Richardson Street, 10 more feet. Is that what you said? MS. SMITH-Yes. The new home, if that would help at all, but then I would only be 10 feet from my neighbors driveway, but he doesn't mind. He's one of the people that signed that paper I gave you. MR. CARR-If, from Richardson Street, you moved back 10, you'd be... MS. SMITH-Well, Garner. MRS. GOETZ-Garner. 12 ....-/ MS. SMITH-I meant, Garner. I'm sorry. MR. CARR-But then you'd be on top of your septic, right? MS. SMITH-I could replace that, if need be. MR. TURNER-You'd have to go for a whole new system, a thousand gallon tank and 1eachfie1ds and everything. MRS. GOETZ-Putting in a septic system costs a lot. Are you aware of that? MS. SMITH-Yes. MR. SHEA-You wouldn't be able to put it behind the house, either. to put it on the side. You'd have MR. TURNER-How old is the septic system, now? MS. SMITH-I don't know. MR. TURNER-Was it there when you purchased the property? Are you having any trouble with it? MS. SMITH-Off and on. MR. TURNER-Off and on, you have? Then, more than likely, you're going to have to replace it, down the road. MR. CARR-Stuart, can I ask you a question? With the new structure, there, is the new septic going to have to be replaced anyway? MR. TURNER-Yes. It might. MR. BAKER-I would have to check with the Director of Building and Codes. MR. TURNER-They'd have to check and see if it's functioning. She said she's had problems with it. So, if she's had problems, it I s just a matter of time, a five hundred gallon tank. MS. SMITH-Yes, it's pretty old. MR. CARR-But you said you're in a position, now, to replace the septic, if necessary? MS. SMITH-Yes, if it means upgrading my living conditions. I need to do that, it's obvious. This home is over, it's getting to the point, like, the furnace is, I couldn't replace the furnace because the floor in the existing home, the vent is the floor and it's this deep and you put a new furnace on it, the man told me it would just automatically kick off and not operate. There's no way to put a duct work underneath it because the axles and things are there. So, it's impossible to keep this place going. 11m better off buying new. The book value of this home is zero, right now. MR. TURNER-Yes, 1960. MS. SMITH-So, putting more money into it is like throwing money out the door. It's like keeping an old car going. MR. CARR-What would be the side yard setbacks? MRS. GOETZ-Side is 20 feet. MR. TURNER-Twenty rear, twenty side, fifty front. MR. CARR-And she's already got 14. There's no place to put this. MR. SHEA-It would have to go off the side. MRS. GOETZ-She's got 20, here, right? MR. TURNER-No. 13 MRS. GOETZ-Over to Richardson. Is this what this means? MS. SMITH-Yes, it's 20 feet in one spot and 22 in the other, because my lot's not square. MR. TURNER-Yes, then you've got 12 feet on the one corner, in the front, here. Ten feet there. MS. SMITH-Yes. MR. TURNER-That would be to the front of the new existing home, right? MS. SMITH-Yes, the double lines would be the home I'd like to put there. MRS. GOETZ-How close is the house, Mr. Beames, to this line? MS. SMITH-There's a row of bushes and then he has a driveway and then his home and I'd say his home is MR. SHEA-He's right on the line, himself. MRS. GOETZ-He is? MR. SHEA-Yes. MRS. GOETZ-To the rear? MR. SHEA-Yes. MRS. GOETZ-When this new zone was created, it was created with the mind of providing adequate space, especially for the commercial, but to try to work with the residential that's there. Correct, Ted? MR. TURNER-Yes. MRS. GOETZ-So, I think that we should try to do everything we can to make the residential area go, especially to have a safe home. MS. SMITH-Yes, and I think it would improve the neighborhood. I can't complain. I got my money's worth out of this one. MRS. GOETZ-It's affordable housing. MS. SMITH-Yes. I couldn't afford a mortgage payment right now, on a house. MR. TURNER-Any further questions? MR. KELLEY-No, we're just kind of trying to figure out how to plot it on here. MR. SICARD-We just moved the trailer. MR. TURNER-You just moved it? MR. KELLEY-Well, what if we went, like, 30 feet off Richardson Street, because it's kind of obvious that you've got to redo the septic thing. MR. TURNER-Yes. MR. KELLEY-Maybe go 30 feet that way, and if you could get a, the lot only being 50 feet and the building's 24, that leaves you 26 feet to fool around with. So, I don't know, ~uld you rather go, like, a 10 foot side yard and a 16 foot from the street, or a 13 and 13. MR. TURNER-I think you'd probably want to be more in line with, I don't know how close the other house, the front on the other house is, next to her, to the east? MS. SMITH-I can look out my living room into his kitchen window. We're pretty close, now. MR. TURNER-Are you? No, v.hat I'm saying is, you know, I think what Mr. Kelley said is move it this way. MRS. GOETZ-Mr. Beames, you mean? 14 MS. SMITH-Yes. He doesn't care what I do. He's glad that I'm bettering myself. MR. TURNER-Let Mr. Kelley show you what he has proposed, here. MR. KELLEY-We're saying, kind of draw it, square it up a little bit, to the street. MS. SMITH-Alright. MR. KELLEY-Alright, then come off 30 feet from Richardson Street. Now, this is a possible, you could go 13 feet from here and 13 here, or, maybe, go 10 here and 16 from the street, one or the other, there and this would still leave you, like, 60 feet, down here, so if you've got to have room for your septic. I mean, you'd have enough land there, you could put it in and conform and you wouldn't have to have any problems with the Building Department or something. MR. SICARD-Currently, the outlet must be from this end. MR. KELLEY-Well, she's got a tank, here. MS. SMITH-No. It runs backs this and then over here and then it runs over here and then it leaches over here, some place. MR. KELLEY-When you get this new, they'll probably end up coming over here with the tank and then you come out and have your lines, but do you have a preference of balancing this 13 and 13, or would you rather look at 16 and 10? MR. SICARD-Where's the location of the close trailer? MR. KELLEY-Where your neighbor is? MS. SMITH-My neighbor? his house. He's right here and he's got just a driveway and then MR. SHEA-He's probably only 10 feet off the line, himself. MR. SICARD-You'd be more than that, if you did it that way. Do you figure 13? MR. KELLEY-Well, she's 14 feet at the closest point, now. So, if you don't want to get any closer, maybe we better do a 13, 13, right? That'll get you about an average, because you're 16 here and kind of, yes, square it up a little bit. MS. SMITH-Yes. And give us both a little privacy. MR. TURNER-Suppose she tipped the east corner of the trailer, move it back towards the back property line, that would give her 14 and 14. That would give her two more feet, in the front, or just move the whole thing back so it's equal. MR. KELLEY-That's Why I say, I was trying to get it 13 feet from the north property line. It would be one foot closer on the Richardson Street end, three feet closer, but it would be squared up to Garner Street. MR. TURNER-Garner Street? MR. KELLEY-Yes, get it squared up that way. MR. SICARD-The trailer's 24 feet. MR. KELLEY-I don't know. What would you prefer? I mean, I think we're going to, probably, give you, something, here, but we might as well do what you think you'd like. MS. SMITH-Probably, if I get, well, there's no windows in the back of this, just one window, so, if I'm closer to the line, it won't matter to me. MR. KELLEY-Give you a little more room, here? MS. SMITH-Yes, that way I won't be so close to the road. MR. KELLEY-You better even it up or do a 10 and a 16. MR. SHEA-Ten and a sixteen. 15 ...../ MR. KELLEY-Get away from the street and the traffic out there, right? MR. TURNER-Yes. MR. KELLEY-I think we'll do, maybe, a 10 foot, there, and rather give you 16 feet, here, and get you back a little bit, from the road. We'll see what everybody thinks. MS. SMITH-I won't be having the fuel tank and the bottle of gas that's there, in the back now, either. I'm going to be converting to natural gas. MR. TURNER-Natural gas? Okay. MR. KELLEY-Well, you know what, is this shed going to stay? MS. SMITH-Yes. MR. KELLEY-Okay, let me think about that, Ted, because I haven't brought into play that shed that's there. MS. SMITH-Yes, that's my basement. MR. KELLEY-See, it's only four feet from the house, now. MR. TURNER-Yes. MR. KELLEY-So, I don't know that we're going to be able to pull away from Richardson Street. MR. TURNER-Yes, that's supposed to be 10 feet from her principal dwelling, the shed. MRS. GOETZ-Is the shed on this lot? Can you move the shed? Is it on a slab? MS. SMITH-It's on cinder blocks. a metal one, it's a wooden one. I don't know, to tell you the truth. It's pretty big and heavy. It's not MR. SICARD-It's just a question of, did they put the trailer on cinder blocks, did you say, or concrete blocks? MS. SMITH-(X)ncrete blocks, yes. That's what I want to do, eventually, like the one is now. Then I could use underneath for storage. MR. TURNER-Because there's only four feet now. MR. KELLEY-I know it. I wasn't thinking about that shed being there when I was moving this thing around. I think, still, the setbacks from Garner and the side yard are, probably, the 16 and the 10, I think we can accommodate that, somehow, but we may have to go back closer to Richardson Street to get in. MR. SHEA-Leave it where it is on the setback on Richardson Street. MR. SICARD-Even if, even a couple of feet. MR. KELLEY-Yes, and leave the same four feet between the shed? MR. SHEA-Yes. MR. KELLEY-It was preexisting. I mean, technically, she could build on the same footprint, right? MR. TURNER-Yes, right, except she's expanding by more than 50 percent. MR. KELLEY-I think we've got to come back to here, again, because we've got to keep this. MS. SMITH-Okay, wall, I didn't realize I had to be that far away. MR. KELLEY-Well, I didn't either. All of a sudden I realized there's a shed sitting here. 16 MS. SMITH-I don't think I can move the shed. MR. KELLEY-No. Probably square this thing up a little bit, so you have 16, here, 10, here, 20 feet from here and whatever this squares up. MR. SICARD-That's still four? MR. KELLEY-Yes. I don't know we're going to get closer than 20 feet over here. MR. SICARD-Well, there's hardly room, with the eaves and everything, to get through there. Would you be, probably, passing through there, would you, between the shed and the trailer? MS. SMITH-Yes. MR. SICARD-Well, you could bring it up one or two. It wouldn't matter that much over there. MR. TURNER-Where's the doors on the shed? MS. SMITH-In the front. MR. TURNER-Facing the street? MS. SMITH-Yes. MR. TURNER-Right here? How big is the door? MS. SMITH-It's just a regular house size door, and it's about, right there. MR. TURNER-Right there. MR. SICARD-Six feet would be hardly minimum to get through there, in winter time, with snow and everything. MR. KELLEY-How high was this shed? MS. SMITH-I don't know. MR. KELLEY-I stopped over across the street. I didn't go down that way. MS. SMITH - I don't know. Ten fee t , maybe. built it. It's not one of the kits. Somebody MR. KELLEY-So, actually, this building, if you put it up on blocks, the roof line should be above that shed, probably. MR. SICARD-Above that. Aesthetically, you wouldn't see it, that much. MR. KELLEY-It seems like it ought to be alright. MR. TURNER-Yes. Okay, I don't think there's anymore questions, so we'll open the public hearing to see what any of the neighbors have to say. PUBLIC HEAR.ING OPENED NO COMMENT PUBLIC HEAR.ING CLOSED CORRESPONDENCE Goetz-The applicant has submitted a petition with six names of people. They all live within 500 feet of you? MS. SMITH-Yes. They're all in the boundaries. MRS. GOETZ-Okay. Neighbors did not care about the impact of the replacement. They felt new home would look more like a house, and returned the letter they got advising them of this public hearing: objections to above", and that's Bent Aronson of Double A Provisions on mobile home then someone "We have no Main Street. 17 Warren County Planning Board returned No County Impact STAFF IIIP1Jr Notes from Stuart G. Baker, Assistant Planner (attached) MR. KELLEY-Was there submission from the neighbors? MR. TURNER-Yes. MR. KELLEY-Alright. There was nobody opposed to it? MR. TURNER-Nobody opposed. MRS. GOETZ-I'll read the names on the list, signing this petition. Robert Matte, Peggy Fisher, James Fisher, Clarence Beames, Tammy Ely, and Ruth Clute. MR. KELLEY-That's all the I guess the only question I feel about the variance for all about the setbacks and so surrounding neighbors, according to the submission. would have to the Board, maybe, ~uld be, how they the expansion of the nonconforming use. We talked forth. MR. CARR-I think it will be an improvement. So, I don't really have a problem with it. MR. KELLEY-I agree. I think, definite improvement and I guess, since no neighbors are objecting, it can't be that it's a big statement that's being made over there, or anything. MR. TURNER-No, she could leave what's there a put a lot of money into it and try to update it and it would still be there. MR. SICARD-Yes. You could still leave it there. MR. TURNER-So, if you looked at the other houses on Richardson Street, the new ones that are there, the duplexes, and the other houses in the area, this will fit more into the pattern there and it does come up to code in all respects. MR. SICARD-Doesn't apply to the fire code either, Or anything. MR. TURNER-No matter what you put there, you're going to have to get a variance for it. MR. KELLEY-Yes, I understand, from the setback thing, that's pretty easy. I was just trying to think about how to address that other part, but I guess MR. TURNER-Well, I think, if she dresses it up like she says she's going to, I think it'll blend right in with the neighbors. MR. SICARD-Well, the old one looks pretty good there, with that fence and everything. She's done a pretty good job with the old one. MR. KELLEY-Right. MR. TURNER-Anyone else? Okay, do you want to make the motion? MR. KELLEY-Sure. RatION TO APPIÐYE AKEA VARIANCE NO. 70-1990 CA7BY A. SØITB, Introduced by Jeffrey Kelley who moved for its adoption, seconded by Charles Sicard: They're seeking variance from Section 9.014 of the Zoning Ordinance and this would be to grant a variance from the expansion of a nonconforming use. This would be granted because it seems to be a feasible alternative for the property owner, economically speaking, and we believe it also, this new proposed double wide mobile home, ~uld be more in compliance with the building codes than the existing mobile home which is 30 years old. The following would be the setback requirements necessary for this variance: The practical difficulty is the existing lot size. It is approximately 50 feet by 131.3 feet on Garner Street. This is a lot that doesn't allow any type of construction wi thout some variance because it is zoned Commercial Residential 15. The CR-15 zone requires a 50 foot front setback and strict adherence to this would make the lot not usable. The variances would be as follows: A 18 30 foot variance from Richardson Street. A 34 foot variance from Garner Street. A 10 foot variance from the northerly side yard property line. There appears to be no adverse effect on public facilities and services. These would be the minimum variances necessary to relieve the specified practical difficulty. There's no neighborhood opposition. The proposed new home is 24 feet by 40 feet and this seems to be a practical size for this lot. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Sicard, Mrs. Goetz, Mr. Carr, Mr. Shea, Mr. Kelley, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston AREA VARlANat NO.. 71-1990 rIPE II 1lR.-1A KIINNETB PIAœBTE OWIIER: SAME AS ABOVE BRAWOI ROAD. CLEYERDALE TO TEAR DOWN EKISTING TWO BEDROOM O\HP AND BBUILD A 111> BEDROOM O\MP 4 n.. LONGER THAN EKISTING BUILDIIIO.. DQUESTING RELIEF FROM SHOJlELINE AND SIDE YAR1> SE'l'BAoc. lŒQUIREHIltfTS.. (VAIIIIEB ooœn PLAllNING) TAX HAP 110.. 11-1-25 Lor SIZE: 0..14± AQlES SEc:I'IOII 4.020 D KENNETH PIACENTE, PRESENT MR. TURNER-Do you care to add to that, Or do you want uS to ask you? MR. PIACENTE-Go ahead and ask me. MR. TURNER-How long have you owned the property? MR. PIACENTE-About a month. MR. KELLEY-They're talking about a two car parking area and a holding tank? MR. PIACENTE-Right. MR. KELLEY-Right now, it looks like you don't park on this property, is that correct? There's kind of, like, a vine thing and you walk underneath it? MR. PIACENTE-Yes, well, everybody said not to cut anything down until I found out. MR. KELLEY-Right. Where would this parking area, Or this proposed parking area, be, in relationship to that vine that you walk under? MR. PIACENTE-It would be to the right hand side. MR. KELLEY-Is it right on the property line? MR. PIACENTE-It's probably, actually, about five feet off. MR. KELLEY-Okay, because this, like, \Jlen I was there, today, there was a house somewhere, probably, right in here. MR. PIACENTE-Right, right there. MR. KELLEY-And I parked just off the rOad, there. MR. PIACENTE-Right where that lady's planting grass. MR. KELLEY-No, I didn't go on that grass. I take that back. I parked over here. MR. PIACENTE-Yes. MR. KELLEY-But I did see where the grass was. MR. PIACENTE-Yes. Everybody Bays that, usually, you park right here, or this lady, here, will let you park back here, but there is parking here and this is a right-of-way that nobody uses and this lady, here, is selling her house, but she prefers that you park behind her house, instead of on the right-of-way Or in here. So, it doesn't matter to me, but I'm just showing, you couldn't park there. 19 -' MR. KELLEY-Okay, but this is, do you know how wide this right-of-way is? MR. PIACENTE-Thirty three feet. MR. KELLEY-It's pretty big, then. MR. PIACENTE-Yes. MR. KELLEY-It comes way up into, here, then. MR. PIACENTE-Her property line, right here, is on the property line. MR. KELLEY-Okay, so then there is a feasible way for you to get in here and park. MR. PIACENTE-Definitely, because this would be a road. MR. KELLEY-Have you got some kind of a plan, yet, of what this is going to look like? MRS. GOETZ-Is this a picture of the proposed? MR. PIACENTE-Yes, same thing. MR. KELLEY-That's what he's showing us. MR. PIACENTE-The only thing I'd have to find out is, because I think this deck, here, ~uld be on this side, okay, and what I wanted to do is I'd like to raise it up so you could put sliding glass doors underneath it. MR. KELLEY-Have it exposed, underneath here. MR. PIACENTE-Right, and, if I do that with the sliding glass doors, this brick will be gone and I won't have a chimney. I'd have just a brick facing on the inside, with a wood burning stove, you know, just a couple of things. The doors would be changed. This double window would probably go to the front. This window would probably go, you know, but I guess, for your Building Permit, you have to have it altered, so I'll just, no sense in spending $600 on the plans until I get the variance. MR. KELLEY-Right. Okay, just so I've got an idea of what you're trying to put there and then we'll see if that's a good way or the other's a good way, or what. MR. PIACENTE-Okay. MR. SHEA-What's the square footage of the proposed house? MR. PIACENTE-It's just four feet longer. It's 24 by 48 and what's there now is 24 by 34? MR. KELLEY-Well, this is 34. MR. PIACENTE-Because of the deck, that's because of the deck. MR. TURNER-The existing structure, according to the notes, here, is 816 square feet and the proposed is 1824 square feet. MR. PIACENTE-Is that because of the second floor? MR. TURNER-Yes. I would imagine. MR. CARR-But the footprint of the house, itself, isn't that much larger. It's four feet longer. MR. PIACENTE-Yes, it's four feet longer, right. MR. CARR-And then you've got the deck. MR. PIACENTE-And then you've got the deck, but what I did, too, is, the septic system, I have no idea how good it is and, rather than to pollute the water, I would put in a holding tank, Wiich is shown there. The shed would be taken down and move the camp over from the property line and set it a little bit squarer on the lot, because I think, \Jlen it was originally built, it was looking straight 20 - up the Lake, but now Lake George Boat Company is there, so there's no reason to have it looking that way. MR. KELLEY-Right. You'll look out at the docks, or boats. MR. PIACENTE-Right. MR. SICARD-This holding tank is new, then, to you? MR. PIACENTE-No, I'll put a new holding tank in. MR. SICARD-Is there an existing holding tank or is it a septic system? MR. PIACENTE-It's probably a septic system, or a 55 gallon drum. MR. SICARD-But you're going to change it to a holding tank? MR. PIACENTE-Yes, I will. MR. SICARD-Where you have to get it pumped out, previous. MR. PIACENTE-I know that. MRS. GOETZ-Your parking area, where Mrs. Sheehy is trying to grow grass, is that where you're going to be parking? Because she asked me, today, when I did the site inspection, she was out. Is that where it is? MR. PIACENTE-It is a right-of-way. I wasn't going to park there. I was going to, probably, park over on the side of the road. Right now, we park here, and a lot of times, she let's me park behind her house. MR. TURNER-She owns this? MR. PIACENTE-No, see, she doesn't own this. She doesn't own this, and she doesn't own behind her house, either. MRS. GOETZ-You do? MR. PIACENTE-No, I don't own. I don't own this and I don't own that and neither does she. This is a right-of-way, okay. MR. TURNER-Yes. MR. PIACENTE-Because the road used to go through here. Where she's planting grass seed, isn't her property, okay. I believe, behind her house isn't her property either. It's just a real, the only thing that she owns is, I believe is, right exactly where the house sits. MR. KELLEY-You said the right-of-way is 33 feet. MR. PIACENTE-Yes, there's stakes that are there that, part of her porch is on right-of-way. I mean, I would have to get in there to build, but it's not crossing her property, but I'm sure that I would re-grass seed it again. MRS. GOETZ-Yes. MR. KELLEY-And you were going to use this for, \Jlat, a seasonal dwelling, or whatever? MR. PIACENTE-Yes. MR. KELLEY-And you're 35 foot setback is from the shore to the deck? MR. PIACENTE-Correct. MR. KELLEY-And, right now, it's 30 feet to whatever the closest part of the house is. MR. PIACENTE-Yes, 30 feet 11. MR. KELLEY-Right. MR. CARR-How did you measure that? 21 -- MR. PIACENTE-There's all survey stakes out there, now. MR. SHEA-The 35 foot setback, is that to the deck or to the house? MR. PIACENTE-To the deck. MR. SHEA-Okay, so you're actually farther back than the existing footprint. MR. PIACENTE-Right. I tried to think of everything. I do this for a living. MR. KELLEY-You've got to. MR. SICARD-Are you a surveyor? MR. PIACENTE-No, a builder. MR. CARR-How difficult would it be to exclude the deck? MR. PIACENTE-That's where the doors are, that face the Lake. I mean, if you want to make them so that they're inoperable, I guess you could. MR. CARR-They're sliding glass doors? MR. PIACENTE-Or French, yes. MR. KELLEY-What's the size of the second, has that got a second floor? It's only in the back or something, wasn't it? MR. PIACENTE-Yes, it's only the back, just this, right here, the loft. MR. KELLEY-Alright, this is what, 24 by, wall, probably, 38 or something, right? MR. PIACENTE-Yes, see the deck isn't, yes, they don't give you that much information on there. MR. KELLEY-So, you're going to have 14, let me see what that is, that's 1220 and they're saying a two story building. MR. PIACENTE-That's because of th~ back of the, probably, they're multiplying 14 by 2 and adding that to it. MR. KELLEY-Yes, but that's only 308 and you add that to 912, that's 1220, not 1824. MR. PIACENTE-Maybe they multiplied and added the deck in. MR. KELLEY-What I was just kind of looking at, here, I'm getting ahead of Susan and the Staff Comments, but the square footage of the new structure doesn't look to be right, but maybe we'll come back to that when we do our public hearing. We'll come back to that. MR. TURNER-Yes. Any further questions over here? Let's open the public hearing. PUBLIC 1ŒARING OPENED NO COMMENT PUBLIC BEARING CLOSED CORRESPONDENCE There is a letter from John Boucher, property owner. I am against the request for a variance to the side yard and setback requirements of Mr. Kenneth Piacente, on his Brayton Road, Cleverdale property. Thank you for your consideration. Warren County Planning Board returned No County Impact STAFF INPur Notes from John S. Goralski, Planner (attached) 22 MR. CARR-Stuart, I guess I'd just ask you. You're defining gross floor area as, not just footprint, but number of floors times number of floors? MR. BAKER-I believe that's what John used to figure that number, yes. MR. KELLEY-That's, I guess, v.hat I was questioning, because it doesn't seem like his numbers make sense. MR. CARR-The 1824 is exactly double 38 time 24. MR. KELLEY-Yes, but that's not what his floor plan is. Have you seen the floor plan? MR. BAKER-I don't believe the floor plan was included in the application. MR. KELLEY-Yes, okay, because, like, the 38 by 24 would be 912 square feet. The second floor, part of it's cathedral. The back part shows a 14 by 22 10ft, Which would be 308 square feet, so that would make total livable square footage, if you will, of 1,220, not 1,824. I mean, that's a big change, there. MR. SHEA-He's closer to 50 than what it states in the Staff Notes. MR. KELLEY-Yes. Well, 50 percent would be 1224. MR. TURNER-Yes. MR. KELLEY-And he's got 1220. MR. TURNER-1220. MR. KELLEY-That's pretty close. MR. TURNER-Yes. MR. KELLEY-So, I don't know that that particular part, then, is in question, is it? It's not more than 50 percent. MR. TURNER-No. MR. KELLEY-But we do have side yard and Lakefront and all that, the setbacks. MR. TURNER-Yes, Lakefront and side yard. He shows 24 feet to the, let's see, it would be to the east, maybe, this side of house, which includes that deck, 15. So, you've got this is 9 feet, then, right? Correct, that deck would be nine feet? That arrow goes right to the there. MR. PIACENTE-Right. MR. TURNER-The deck would be nine feet? MR. PIACENTE-It doesn't even have to be that. It could be, like, six. MR. TURNER-Well, there again, you know, wt want to get 20 foot minimum and you're supposed to have a sum of 50, with a 20 foot of minimum. MR. PIACENTE-But, if you stay on the same footprint, too. I mean, you're only, I think, five feet off the property line. MR. CARR-Yes, 4, 7, if it's in the same footprint. MR. PIACENTE-Four, seven, you know. MR. TURNER-Four, seven, right, and eight. MR. PIACENTE-I mean, this way here, at least you can put something in here for the kids to play with and that's, the setback, right now, even with the deck on it, it's nice because it's large enough for the kids not to fall into the Lake or anything. MR. TURNER-Yes, this deck is 10 foot and you show a 35 foot setback. MR. PIACENTE-Yes. 23 MRS. GOETZ-And that's the same as what it is now? MR. TURNER-No. MR. PIACENTE-No, it's 30, 1 MRS. GOETZ-Thirty feet and one inch? MR. PIACENTE-No, thirty feet eleven inches. MR. KELLEY-He's about four feet back further. Ted, we're talking about the 1220 square feet, right? MR. TURNER- Yes. MR. KELLEY-You're talking about having your basement with glass doors. Is that going to be living space in the basement. MR. PIACENTE-Actually, I was thinking more about throwing a snowmobile in there because you won't fit it in the shed. MR. KELLEY-If the basement were finished off, now, we're, maybe, talking something different. MR. TURNER-Yes. MR. KELLEY-Or snowmobiles, you better store snowmobiles, I guess. MR. PIACENTE-No, but I mean, there's no other place and I don't think I'd haul it back and forth. MR. KELLEY-You get what I was getting at, right? MR. PIACENTE-I understand what you're saying. MR. KELLEY-I mean, if you finished off a basement, now you just added another 912 square feet of living space. Now, you're over this other, I mean, for storage or. MR. PIACENTE-Right, yes, you can't use it for living space. MR. TURNER-Full basement, Jeff? I was following your conversation. MR. KELLEY-I don't know. Is it a full basement? MR. PIACENTE-That's what I would like to put there, yes. MR. TURNER-So, you're going to put central heat? MR. PIACENTE-Actually, I'd probably go with electric heat and the wood burning stove because, if I use it in the winter time, it would just be for, maybe, a weekend, here and there. MR. TURNER-How are you going to access the basement? MR. PIACENTE-From the Lake. MR. TURNER-From the Lake? From the front side? MR. PIACENTE-Yes, right, because the land slopes that way. MR. TURNER-Have you got height enough sO that you can COme right straight out? MR. PIACENTE-Either that or, possibly, dig out the property and, like, have a little swale coming down. MR. TURNER-Put up a couple of retaining walls, so you can come out through the front of it, or something, with a door, in the front, facing the Lake? MR. PIACENTE-You could. It depends what they'll let me do. 24 - ",- MR. TURNER-I guess my question goes right back to what Jeff just said. If you're going to have a full basement, are you going to finish it off? MR. PIACENTE-No. I'm sure if I did, somebody would tell on me, anyhow. Like, the ceiling could be sheet rocked with fire proof sheet rock, though, right, fire resistant sheet rock? I mean, to meet fire code and stuff like that, it would be, it should be insulated for heating, anyhow. MR. KELLEY-Right. MR. PIACENTE-And if you're going to store anything down there with gasoline in it, it should be, at least, sheet rocked. MR. TURNER-You can't have over five gallons of gas in the house, anyway. MR. PIACENTE-Well, What's a snowmobile hold, is five or six gallons? MR. TURNER- I don't think you can put them down there. If you put more than one in there, you're in trouble. MR. PIACENTE-Right. MR. TURNER-Well, it's for your own protection. MR. PIACENTE - Yes. mIOTIOII TO APPROVE AREA VAR.IAllCE 110. 71-1990 IUOOm'J:1I PIACEJIITIt, Introduced by Michael Shea who moved for its adoption, s~conded by Bruce Carr: The applicant has increased the shoreline setback to 35 feet from the existing 33 feet 9 inches and there is also the fact that this new construction is basically on the same footprint with additional square footage coming from the second floor and not exceeding the additional aggregate of 50 percent. Further, this variance will grant side yard setbacks of 15 feet on the south side and 10 feet on the north side. We don't believe this variance will be detrimental to the Ordinance and this is a Type II SEQRA action. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mrs. Goetz, Mr. Carr, Mr. Shea, Mr. Kelley, Mr. Sicard, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston MR. PIACENTE-So, now I can get my? MR. TURNER-No, you go to APA. They've got your section. If they have any problems with it, they have 30 days from the time it's filed. MR. PIACENTE-So, you shouldn't get your permits, yet? MR. TURNER-You can't get a permit. MR. PIACENTE-You can't get a permit? MR. TURNER-No. They have to review it. MR. PIACENTE-Okay. MR. TURNER-You'll hear from them, if they have a problem with it. MR. PIACENTE-Alright. Thank you. AREA VARlAllCE NO. 73-1990 TWE II WB.-lA mOMAS BABCOoc. OWIIER: SAME AS ABOVE CLEM LAKE ROAD, UGHT ()lII BIRŒ ROAD LEFT 011 CHESTlltrr TO ADD A 32 FT. BY 12 FT. DEoc. PLUS SCREEN IN THE EXISTING DECK. REQUESTING RELIEF FROM SIDE YARD AND SHORELINE BUILDING SETBACK KEQUIKEMENTS. (WARIŒN coUlln PLAllNING) TAX HAP NO. 39-1-15 LOT SIZE: 0.17± ACRES SEcrIOII 4.020 (D), 7.012 THOMAS BABCOCK, PRESENT 25 MR. TURNER-You have a deck down on the waterfront? MR. BABCOCK-Correct. MR. TURNER-You don't have a permit for that? MR. BABCOCK-No, I was told, there was a woman in the Building Inspector's office by the name of Pat, I don't recall the second, my builder, by the name of Thomas Burke of Family Construction had Pat, I don't know her last name. MR. TURNER-Pat Collard. MR. BABCOCK-And she came down and inspected the property and said, since there was an existing structure there, as well as a dock that was washed up to the shore, that it wasn't in need of a permit and you can get that checked out with her, and the work was done. MRS. GOETZ-What do you mean, the dock was washed up to the shore? MR. BABCOCK-When I purchased the property, a little over three years ago, August it was three years, there used to be, Wiat you would call a dock. It was, basically, falling into the water, but there was still some existing remnants of the old structure there. MRS. GOETZ-And it seemed to me what I saw was quite a bit of new construction. MR. BABCOCK-Correct, right, and that was cleared with Pat. MRS. GOETZ-Well, we'll have to check into that. MR. BABCOCK-Okay, please, go right ahead. MR. CARR-I've got a question. effect does that have? Karla, this was tabled by Warren County. What MS. CORPUS-If the Board chose to approve this variance, it would have to make it conditioned upon Warren County's approval. MR. TURNER-Right. MR. BABCOCK-Just to notify you, this has come as a surprise to me. I was notified, tod ay, that I was supposed to be here, from the builder. I can't speak too positively about the person had represented me, the builder. He's not even here, tonight, as well. I was notified, with Warren County, that the reason, and I just got a copy of this from Mr. Baker, as well, is that my demand or request was returned to me because of inaccurate drawings, this, as I said, is just the first time it's been brought to my attention, with that. What I'm asking for this evening, since I was unaware of this, is that I have this shelved until I have the opportunity to get representation. If the Board feels that the drawings aren't in proper order to be able to grant an opinion on this, I feel it's probably in my best interest to be able to have proper drawings in front of the Board, but since my neighbors are here this evening and I feel that this is a public hearing, I think it would be to my benefit, as well as the Board's, to here what their concerns are so that if there are things that I can address, before this is put in front of the Board, again, hopefully, I could work along with them to assure a proper proposal. MR. TURNER-Okay, does the Board want to go along and hear the application and get the public input and possibly table it? MR. SHEA-Yes, and then leave it open. MR. BABCOCK-Yes, because they came here this evening. MRS. GOETZ-I'd also like to ask, we've had a prior variance on this property. MR. BABCOCK-Yes, ma'am. Three years ago this past August, wa purchased the property and we built, we took the structure down, was in front of the Board, as well, and got approval to build a two story structure, v.hich my neighbors were aware of, and we built that structure. There was a variance issued, at that point, and a holding tank put in because of noncompliance, the septic system wasn't in compliance with the requirements for the size of the home, or the number of bedrooms, three bedrooms, that we had put on the existing structure. 26 -' MRS. GOETZ-What I would like to have available at the next meeting would be the folder on that prior variance so we could read. You don't have to, the Staff. So, we can read what the variances were that were already granted on that property. MR. BABCOCK-Okay. Plus, ~uld they also have the drawings and stuff from the engineer that was involved with it? MRS. GOETZ-It's a matter of public record. You could go in and look in the file and see what is there, and maybe you'd already have the information you need. MR. TURNER-That's probably under, on the Planning Board side, on Site Plan Review. MR. BABCOCK-Okay. MR. TURNER-So, we can get them out. MR. BABCOCK..,Alright, because I just don't feel that you have all the information in front of you. MR. TURNER-So, we'll go on and hold a public hearing because the neighbors are here, and we can table it until we get the needed information. Alright, any further questions for Mr. Babcock before he steps down? None? Okay. I'll now open the public hearing. P1IJBLIC: BEARING OPENED BOB CORRIGAN MR. CORRIGAN-Bob Corrigan. I'm here on behalf of my mother, Alice Corrigan. I think what Mr. Babcock has brought up is what disturbs my mother the most and myself, also, I have some pictures, here, is the fact that when Mr. Babcock came in, this was a very small camp that was next door to my mother. My mother's been on this property, owned it, back in the 40's and has lived there, full time, since the 60's. Mr. Babcock came in with a proposal, like, prior to the one that was on the board, here, with a footprint to put on top of the foundation and, if you look at these pictures, I understand, and I thoroughly appreciate the Board members who did go up there to see what was going on. It's quite a large structure. Now, Mr. Babcock is proposing another three variances on this particular piece of property, Wiich, already, variances have been granted on this, and the 32 ft. by 12 ft. deck, to encroach that much further towards the Lake, \Jlere, in these pictures you'll see, both neighbors, there again, my mother and Mr. Powers, \Jlo is here this evening, it just totally blocks off any view, ~atsoever, of what they're homes are and where they've been situated. I've made a note, here, my father, ~y back when he was building this, in the 60's, he, himself, ~nted to put a large porch out on the front and could've done so, at that time, very easily. He chose not to because of the neighbors and I think consideration should be given to this application that's here this evening, and I'd be glad to present some of these pictures. I know some of you have been up there. This is the existing structure, ~ich was torn down. The side yard setbacks on both is, seven feet will be the setback from Mr. Powers home and my mother's home, seven feet. Now the Board granted this large home, and it's a beautiful home. We have no problems with Mr. Babcock. They're very good neighbors, but there's got to be some control to, you know, money gets to the point where, at Glen Lake, it seems the people that have been there since the 40' s, they don't have any protection anymore, and I just feel that this is, the density on this piece of property, for the square footage, is too much, and I certainly wish the Board would take a look at that, in making their decisions. Thank you. MR. TURNER-Thank you. CAL POWE RS MR. POWERS-Mr. Chairman, my name is Cal Powers. I live on the north side of the property in discussion, here. I, too, ~s there when Mr. Babcock purchased the property, tore the old building down and began rebuilding on the old foundation, all fine and dandy. I'm assuming that he applied for a variance so that he could extend the second floor beyond the existing foundation. The variance was granted, regardless. It reached a location, to and within, seven feet of my property, at that time. I'm not happy with that. I assume the variance gave him permission to do that, no follow up. Since that time, there's been a deck put on, adjacent to, abutting, the Glen Lake water, itself. It's approximately, and these aren't 27 exact, 8 ft. by 40 ft., alright, close. I would've expected, probably, to receive notice that I should be invited to a variance meeting, to a meeting, here, that a variance would be required. I would hope. The existing deck that we're talking about, that was there, ~s, probably, 3 ft. by 4 ft. I know I worked on it with a previous neighbor, before. So, I know it was in poor shape. If I'm wrong, I apologize. It just became exaggerated to such a large unit, and I'm not saying we would have objected to it. I'm saying we should have had the opportunity to speak on it. We're talking about, now, that maybe being a second variance, and now we're talking about asking for a third, fourth, and fifth variance. Not having any plans, I'm not sure how close this deck will come to my property. All I know, the pylon holes have already been started. The contractor was asked if he had a permit, dug the holes and stopped the progress. MR. TURNER-They put sonet tubes in there? MR. BABCOCK-No. MR. KELLEY-It's just a hole. MR. POWERS-Dug the holes, I'm not, if you get technical, I'm in trouble. He was asked, had he a permit, obviously, did not, stopped his progress, and Mr. Babcock did what he should have done and started processing this. I'm going to assume that he's going to come within seven feet of my property. I've measured it out, W1ile he was absent, several times, and it looks like Mrs. Corrigan and I will both be within seven feet of the new considered sun deck and if we can project down the road a ways, could be enclosed, could become part of the main bUilding, obviously, attached. MRS. GOETZ-I think you better take a look at the proposed plans. MR. POWERS-I'd love to. MRS. GOETZ-Good. MR. SHEA-It's one foot six inches. MRS. GOETZ-One foot six inches. See, here's the Lake and here's you, over here, and, see, here's the deck, but this is the proposed screened in porch. MR. POWERS-I see what you're saying. It's a foot six inches. Part of the proposal, here, is that there was an existing deck. Can that be explained to me? There is no deck. There has not been for 10 years. MR. BABCOCK-It's there on the drawing, if you look at the drawing. MR. POWERS-There has not been a deck there for 10 years, that I've lived there. MR. TURNER-This step, right here. MR. POWERS-Yes. MRS. GOETZ-This little jut, right here? MR. TURNER-That's the one he's saying, that hasn't been there. MR. POWERS-There's a very small cement slab acted as a step, a step off and a step up. MRS. GOETZ-It's not what you'd call an existing deck? MR. POWERS-I would not. MR. CORRIGAN-Excuse me, Mr. Chairman, Mr. Sicard knows some of the names up there and this deck that they're talking about, Mr. Sicard, goes back to Mr. Akins. MR. SICARD-That's going back. MR. CORRIGAN-And his was deteriorated, at that time. Before he passed away, my d ði helped him rip it out and that is well over 25 years ago. MR. SICARD-I hate to say I remember it, but I remember it. 28 MR. CORRIGAN-Well, I knew you would, that's why I wanted to bring it up to the Board. MR. POWERS-Obviously, I didn't do my homework. I have never seen a deck there. I apologize. This deck will be elevated, has to be elevated, to a position where a foot six inches, Mr. Babcock and his folks will be sitting, looking into my screened in, glassed in front porch. My privacy will be gone. Mrs. Corrigan's site of view will be cut down, dramatically. I guess I'm saying to you that it's going to obstruct a view of the Lake for both of us. I think a deck is very necessary when you live on the Lake, but not to be abusive to the neighbors. I guess if I came to you and asked you for this request, I would hope you'd refuse me. MRS. GOETZ-You would be 29 feet back from the water, Wten the requirement's 75 feet. MR. POWERS-Say that again, ma'am? MRS. GOETZ-The proposed deck, if it were to be built, ~uld make it 29 feet from the water. MR. POWERS-That's probably true. MRS. GOETZ-When the requirement's 75 feet. MR. TURNER-Just One question, Mr. Powers. The deck that's down at the Lake, I think you referred to that, did you not? MR. POWERS-Don't quote me. Approximately? MR. TURNER-Approximately. MR. POWERS-8 ft. by 40 ft. MR. TURNER-8 ft. by 40 ft.? MRS. GOETZ-It's possible that the Town Staff made a mistake, so I really want to look into that, or have somebody look into it. Is somebody going to look into this? MR. BAKER-Dave Hatin from the Building Department will be going out to take a look at the site tomorrow. MR. TURNER-Okay. MR. POWERS-Thank you very much. MR. CORRIGAN-Mr. Turner, if I may say one thing. What I'd like to have, for the minutes, or to go into the minutes, is why this porch addition wasn't part of the proposal when he built the house. MR. TURNER-Mr. Corrigan, if my memory serves me right, I think, at the time that he came for the variance, it was just a side yard setback. MR. BABCOCK-I asked to do that, at the time that I built the home. MR. CORRIGAN-If you see the way the house is built, now, and left, you could see that the man was going to come back for another variance and that disturbs me to think that he's either playing coy with you, himself, or the neighbors. If you look at the house, itself, the way that it sits, right now, there's no two ways about it that you would want to leave it, if it were your own home, you'd COme back looking for more, and I'm just asking, Wty wasn't the full proposal, and I have a summation as to why, because of the size of the house that went on to the slab that was there, that there wasn't room and there's not room now. MRS. GOETZ-Well, that's one reason why I think it's going to be good to bring back that original variance and read the application and see what was, because I don't think you can come back, a second time, for the same thing, and we'll find out. MR. CORRIGAN-That's exactly why you've already been here, once, up the whole situation. I'm for asking about one variance, these other variances. you should be here to When clear 29 MR. TURNER-Well, I don't think that was the case. I only remember the one, and the one was for the side yard setback, at the time, and I believe he indicated to the Board he was going to build on the existing footprint. MR. CORRIGAN-Which he did. MR. TURNER-Which he did, okay. MR. CORRIGAN-But, if he wanted to put this porch, it should have been part of the original. MR. TURNER-Well, then it went from us, to Site Plan Review, and so I don't know what happened there. I can't recall. MR. CORRIGAN-Alright. MR. TURNER-That went to the Planning Board, so that's why it's important that we dig out all the notes and check everything over. MR. CORRIGAN-Thank you. MRS. GOETZ-Shall we get the Site Plan Review notes, also? MR. TURNER-Yes. MRS. GOETZ-Because a deck might have been mentioned, at that level. MR. BAKER-I can dig out the minutes from both the old Zoning Board and Planning Board meeting and get both files for the Board. MRS. GOE TZ -Good. MR. TURNER-Yes. I think we need all that information, because that's the only variance I ever remember hearing about. Remember it, now? MRS. GOETZ-I remember it. MR. TURNER-I remember it, now. MRS. GOETZ-It was tabled and brought back. MR. TURNER-Yes. MR. CARR-Mr. Babcock, ~uld you like to address the issue of the deck, at the time? MR. BABCOCK-First of all, it's never been, it will never be my intention, to ever mislead or play coy to my neighbors. I think that my neighbors will admit to the fact that I'm concerned about upgrading my property, making it look attractive and, overall, being able to utilize what I have there, to the fullest extent, and I don't cover that up, at all. From the standpoint of the comments that were made, I take it personally offensive that you bring the issue of money in, that, because I may have the financial, first of all, you don't know what my financial well being is or isn't, anyway, and that's not important, at this meeting, but for you to make a comment that, because I have the ability, or may have the ability, to be able to be able to afford to better the property, that that should be held against me, in this Board hearing, and I just think that that should be for the record, but I can put that aside. The reason why I just asked, Wlen I came here today, for me to hear their concerns, is because I want nothing more than to listen to listen to their concerns, to come back with a proposal or something that meets the needs of my neighbors, okay. My neighbors have been there for me, over the past three years, and, hopefully, they'll be there for me, or I'll be there for them, for the next 30 or 40 years. From the standpoint, in terms of dealing with variance issues, please, check Pat. She was out there. She walked through it with the gentleman who was my builder. He was told, by her, that it was okay. If there was a concern by my neighbors, I wish they would have voiced it at that time. I went through with it with 100 percent knowledge, assuming I was doing what was right. I don't think that any of my neighbors can state that I haven't appreciated the value of their property, in doing so. If there's a concern that I'm overwhelming them or whatever, I'm more than ears to be able to develop something that's attractive and pleasing to them. From a standpoint, in terms of the issue 30 with the variance itself. When I came in front of the Board, I don't plead total ignorance because I've been picking up on this, but I don't know this process. I don't build. This is all new to me. I was told, at the time when I dealt with the Board, that I wasn't to apply for the variance for the deck. I can't sit here and tell you the reasons why. They told me that I would have to go back to do so. Yes, it was my intention to put something on the front of that structure. If any of the Board members, as well as Mr. Corrigan has stated and Cal has stated and Alice, is that, if you look at the house, yes, you would automatically assume that there would be somewhere that you could sit out there to enjoy the view of the Lake. I, basically, can't comment any further on the reason why I didn't go for a variance at that poin t in time. The drawings of the variance that I requested were the ones that were approved, to allow me to be able to have the overhang that came close to Calls property, but, other than that, I just, basically, at this point, is it going to be needed that I have more thorough drawings or What, at this point, do I have to do? MR. SHEA-I have one quick question for you. In the sketch that you have provided for us, to date, Wiere it shows the dimensions. MR. BABCOCK-Right. builder. Could I see that? I've never even, I mean, this so called MR. SHEA-What is this thing bulging out here? MR. BABCOCK-That was just, the deck was going to go out like this and it was just going to be, so it wasn't straight across. It was just going to be, like, a walk. It was supposed to go like this and you could step down in to it. Do you follow me? MR. SHEA-Yes. MR. BABCOCK-That's what it was supposed to be drawn like. So, this here would be the deck and then there would be a step going down and there would be, it would be like this, kind of. MR. SHEA-Okay, but we don't know that, for sure, now? MR. BABCOCK-It's obvious, from those drawings, that you don't, obviously, it doesn't, I was told that it was done up to the compliance of the Board, from my builder, and so I've never even seen that. MR. SHEA-This would be insufficient for us to rule on. MR. BABCOCK-It's obvious. What would you need, architectural drawings? MR. SHEA-Well, something with more exacting measurements and a survey and some exact dimensions. This, we wouldn't be able to tell, in any way, shape, or form, \Jlat the shoreline setback would be and that would be one of the major things that we will address. MR. BABCOCK-Right, okay. Just in closing, my understanding, or my confidence, in thinking that I could get a variance to put a deck on the front of my house, is to look 10 camps down one way, to the right, I mean to the right, and 10 down to the left. Everybody has a deck off the front of their house, okay. I can't sit here, honestly, and tell you that these people have gotten variances or permits to put those decks on, and I'm not one to pass judgement, I'm just telling it the way it is. It seems like they go up in the winter, all of a sudden, you come back and there's a brand new deck on the front of the house, but I'm coming in front of the Board to ask for a variance that meets my needs and the property's needs, but takes into consideration my neighbors, because that's very important to me. MR. CARR-Well, I think it would be important, then, on any drawing that you come up with, that you consult with Mr. Powers and Mrs. Corrigan. MR. BABCOCK-Basically" I think that they should be involved, right from, MR. CARR-Right. MR. BABCOCK-I don't have any problem with it, if they don't have any problem with it. 31 -/ ALICE CORRIGAN MRS. CORRIGAN-No, just as long as we can see out our window. MR. BABCOCK-Alright. MRS. CORRIGAN-32 feet is a lot. MR. BABCOCK-I agree with that. When you table this, does this go for a month, or does this go for a couple of months, now? MR. TURNER-It'll go one month. MR. BABCOCK-Okay. MR. TURNER-As long as you get the information in before the last Wednesday of the month, for the next month. MR. BABCOCK-Okay. What happens if, at this point, my builder in this thing, he's just left me standing here. Do I have everything, because he's the person Who, so called, filed for me? is nonexistent, to re-file and MR. CARR-No. MR. TURNER-No. File the additional information that's requested. MR. BABCOCK-And thi,m if I'm going to use a new builder, then they can represent me, as well? MR. TURNER-Yes. MR. BAKER-Mr. Babcock, new information should be brought in to the Planning Department by the last Wednesday of this month. MR. BABCOCK-Okay. MR. BAKER-And we do need 14 copies of whatever information that is brought in. MR. TURNER-He's missed this one. MR. BABCOCK-There's going to be no way, I mean, from a standpoint, I mean, we're talking winter, now. MR. TURNER-Yes, you're going to look at it in November, now. MR. BABCOCK-So, alright, and 14 copies, and they will go to my neighbors? MR. BAKER-No, that's just for our records. MR. BABCOCK-Okay. MR. BAKER-If you want to give copies to your neighbors, that's up to you. MR. BABCOCK-Well, they'll be abreast of everything, if it even goes that far. Thank you for your time. MR. TURNER-Alright. Thank you. I think, at this point, we won't read the input from Staff because, obviously, those notes are probably going to change, and we could read the County Planning Board's report, that, obviously, won't change. MR. KELLEY-Ted, does the applicant get a copy of the Staff Input? MR. TURNER-Yes, Wi en he come s in. MR. KELLEY-So, he should have that? MR. TURNER-Yes. When he came in tonight he got it, Jeff. CORRESPœDENŒ Warren County Planning Board returned No County Impact and they need information, more clarification, between the applicant's map and the Tax Map on file with the County. 32 MOTION TO TABLE AREA VARIANCE NO. 7J-1990 THOMAS BABCOCK, Introduced by Susan Goetz who moved for its adoption, seconded by Theodore Turner: Tabled at the request of the applicant so that we can get further information as to correct dimensions, files on previous variances granted on this property, and input from Mr. Hatin' s office as to any needed permits for existing decking in place at the water's edge. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Carr, Mr. Shea, Mr. Kelley, Mr. Sicard, Mrs. Goetz, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston AREA VARIANCE 110. 74-1990 TYPE II RR-JA FRANK & FAIm NOLFI OWIIER: JAMES AND MARY SCHAAP FOX ROAD FOR CONSTRUCTION OF A SINGLE FAMILY RESIDEIICE (2,200 SQ. FT. ) . REQUESTIIIG RELIEF FROH FRONT AND REAR. BUILDING SETBACK REQUIREMENTS. (WARREN COUNTY PLAllNING) TAX MAP NO. 26-5-J LOT SIZE: ~ ACRE SECTION 4.020 (C) SCOTT NEWELL, REPRESENTING APPLICANTS, PRESENT MR. TURNER-I have a question. Are you Mr. No1fi? MR. NEWELL-I'm Scott Newell. MR. TURNER-Okay, do they have a consent form from the owners? MR. NEWELL-The owners are also present. MR. TURNER-Okay, thanks. MR. NEWELL-I really have nothing to add, other than the fact that it is, the lot size is 176 frontage and 114 in depth. So, really, it is the lot size and shape that is causing the problem, here. MR. TURNER-Yes. time. This is that same old scenario that we have up there all the MR. NEWELL-Three acre zoning and half acre lot. MR. TURNER-Yes. MR. NEWELL-The covenants of the deed do state that the house has to be 35 feet back from the road and 20 feet from any line. Therefore, we started the house at the 20 feet from the rear line, to remain with the covenants of the deed, and then set it forward to here, to give them as much room in the front as we possibly could. MR. TURNER-Yes. You need eight feet in the front. Any questions? MR. KELLEY-What's the setback from the road supposed to be? MR. TURNER-50 feet. MR. KELLEY-50 in the front. MR. TURNER-Yes. MR. KELLEY-20 in the rear. MR. TURNER-So, you've got to have eight, there. Twenty in the rear. MR. NEWELL-The requirement, by zoning, is 30 in the rear. MR. TURNER-30 in the rear and 30 on the side. MR. NEWELL-I drew in the 30 foot lines and the setback requirements. It's actually 49 feet for the side setbacks. 33 MR. TURNER-Yes, you've got 98 feet left. MR. SHEA-Mr. Chairman, have any other variances been given, up in that area, for similar? MR. TURNER-Yes. Everyone that wants to build there has to come for the same thing, and the ones that are in the back are even worse off. MR. KELLEY-1'm just trying to gather up, what is the distance of this building, to all these property lines? It's 42 to the front. MR. TURNER-It's 49 from the side, he said. MR. KELLEY-Left side or right? MR. NEWELL-Both sides, it's center. MR. TURNER-Both sides. It's centered in the lot. MR. KELLEY-Okay, it's 49 each side. MR. TURNER-49, he needs 30. MR. CARR-And what's he need from the front? MR. TURNER-50. MR. CARR-50. And from the rear? MR. TURNER-30, and he's got 20. MR. CARR-Without the porch and the deck, how far would you be from the rear? It looks about 10 feet. MR. NEWELL-Yes. MR. TURNER-What's the width of the house, Scott? MR. NEWELL-The width of the entire house? MR. TURNER-No, excluding the deck. MR. NEWELL-33 feet 4 inches. MR. TURNER-33 feet 4 inches. MR. NEWELL-Plus two feet, the garage comes out another two feet in the front. Looking at this house, though, the back porch and deck is an integral part of the house. Basically, they designed the house they wanted. They found this house some place else. They just lost out to someone else who paid more money for it, basically, and they decided to build it on a different location. As I said, they found a home that they liked, the style that met their needs. They're an older couple who want to retire and live in this home forever, which means it has to have a master suite on the main floor, so, therefore, it lends itself to a cape very well. They want to enjoy, if you've been up there, the view's are beautiful. The area's great. They want to be able to enjoy the outdoors by sitting out on their deck. MR. TURNER-Any value placed on the house that you have to build there? MR. NEWELL-Yes, the house is already under contract to be built. The total value, with the property, will be approaching $200,000. MR. TURNER-No, but, I mean, in the deeds, is there any reference to value of the house that has to be built on the lot? MR. NEWELL-Dollar value? MR. TURNER-Dollar value. MR. NEWELL-No. 34 MR. KELLEY-2,000 square feet. MR. TURNER-2,000 square feet. MR. NEWELL-There were several changes in that. It originally started out at 18 and then it was bumped up. The contract actually states 2200 square feet, but this is just over that. MR. TURNER-Okay. I'll open the public hearing. PUBLIC HEARING OPENED MACE COMORA MR. COMORA-Mace Comora, neighbor to the north, directly to the north. a plot plan? Is there MR. TURNER-Yes, it's right here. MR. COMORA-Showing positioning of the house? MR. NEWELL-There's the front. Here's the road. MR. COMORA-This is Fox Road? MR. NEWELL-Yes. MR. COMORA-This is a fairly large house to go on this. There is a tree line, back here, with a slight grade, okay, and these trees, here, I don't really know how far they come, south, do represent a property break. They are a natural barrier for us. So, this 20 foot setback would be the only thing that would really concern me. It is a very small, very narrow lot. It's a fairly large house. MR. SHEA-Are the trees on your property, or on his property or both? MR. COMORA-I don't know. MR. NEWELL-They're going to leave as many of those trees as possible. Obviously, if they're going to put a deck in the back, they're going to want as much privacy, as well. MR. COMORA-It's a tree lot. Those trees have grown, dramatically, in the last 16 years. I can understand their need for privacy, also, but MR. SHEA-Where would your house be on this property, in proximity to the boundary line? MR. TURNER-How far is your house from the line? MR. COMORA-Our house from the property line? MR. TURNER-Yes, from the back of their? MR. COMORA-Probab1y 50 or 60 feet, from this property line. MR. TURNER-And how big is your house on your lot? What's the square footage. MR. COMORA-About 1700, between 16 and 1700. It's a single story ranch. MR. CARR-Are you in the same development that requires 2,000? MR. COMORA-No, we're in Ridge Knoll, that's to the north of Fox. MR. TURNER-The north of it, yes. MR. COMORA-That's the only concern I have. Everything else looks just dandy. MR. TURNER-You're concern is the house is too big for the lot? MR. COMORA-I'm concerned about the 20 foot setback from our property line, where that deck would be. 35 MR. CARR-Are you concerned about leaving the tree line there as a buffer? MR. COMORA-I'm concerned about that, as well. MR. NEWELL-Mr. Comora, when did you move there? MR. COMORA-1975. MR. NEWELL-In 1972, then, when you bought your home in 1975, the covenants of the deeds stated that the house must be 20 feet away, therefore, you purchased the home, and I'm not arguing with you, and they want to have, you agree to, by buying that home MR. COMORA-We bought an existing home. MR. NEWELL-With the restrictions of the preapproved subdivision, there, that a home could be 20 feet away. MR. COMORA-No, this is a different subdivision. We're in a different subdivision. MR. CARR-No, but he's saying, this subdivision, in 1975, had 20 feet setback. MR. NEWELL-Had 20 feet setback requirements, as of 1972, when it was approved. So, it did meet the requirements, in 1975, and the fact that you changed the requirements to a three acre zoning area really is just, it's a hardship of the lot. I assure you. I know these people well. I've worked with them. We are building the house for them and they want nothing more than to leave every tree that they can possibly leave on that lot. MR. COMORA-I don't have a problem with that. I have a problem with the fact that I do not know on who's property those trees really are, and if you look at that lot, 20 feet from my property line to that deck, is not very far. It would then be very close and, as I said, there's a slight rise up to the tree line and somebody would have to show me, I'd like to see how that would effect that tree line. MR. SICARD-You don't have a plot plan, Mace, of your lot? MR. COMORA-Char1ie, it's probably MR. SICARD-With the corners and so forth? MR. COMORA-Yes, I don't know. I don't have one. I mean, I probably do, but there's probably one on record. I'm sure. MR. SHEA-But, if the trees are on your property, they're certainly going to stay because that's what you desire. MR. COMORA-Right. MR. SHEA- If the trees are on the applicant's property, they have expressed that they're as much as desirous of leaving the trees and this really shouldn't be the major issue. MR. COMORA-I understand that. Okay, the issue that that's very close, the twenty feet is very close to our property line, very close. Everything else is just wonderful. MR. KELLEY-Alright, I'll ask Scott a question, I guess. You've got your elevations up there, what's the size of that rear deck and porch? It looks like it's, part of it is a deck and then part of it's a covered deck, right? MR. NEWELL-Yes, that's correct. Okay, that's a 14 foot by 14 foot, they're square. Each one is square and one of them is a porch and one of them is a deck. MR. KELLEY-And they're both 14 by 14? MR. NEWELL-Right, that's correct. MR. KELLEY-And what's the depth of the house from front to back, not counting the porch? MR. NEWELL-33.4 is the actual structure of the house, but, like I said, the garage comes two feet more. 36 MR. TURNER-Yes, it's 35.4. MR. CARR-Is there any possibility to shorten up the deck and the porch? I mean, maybe not take them off completely because you said they're integral to the house, but maybe 10 foot in width or length, Whichever you might like? MR. NEWELL-There's a possibility. MR. CARR-Just to bring the roof line in a little. MR. NEWELL-Exactly, and there is a requirement, as far as roof pitches, and things like that, we may have to go back to drawings, but I imagine, you're asking them to move their deck, you know, I really fail to see the reason behind it, other than the fact just to make, and I'm not arguing with Mr. Comora, but just a little bit happier over, Wiat, three or four foot of deck when, really, that could make the difference between using the deck the way they want to or the way they don't want to. They're going to leave the trees. They have every intention of that and 20 foot was the original setback requirement. They'd built the house, before, Wlen he bought there, that's where the house would have gone. I mean, t hey could have put their entire house back there, but that's not their angle. MR. TURNER-I've got a question for you. What's the dimension of the porch? MR. NEWELL-14 by 14. MR. TURNER-14 by 14. The deck is 14 by 14? MR. NEWELL-That's correct, sir. MR. KELLEY-Right, so it's 14 by 28, overall, out there. MR. TURNER-Yes, 14 by 28. MR. NEWELL-28 being the width, right. MR. COMORA-Can I get a copy of that? Can I get a copy of the plan that Mr. Shea has a copy of? MR. SHEA-Yes, you can have this. MR. TURNER-The pitch on the roof goes east to west, right? MR. KELLEY-Of the house, Ted? MR. TURNER-No, of the porch. MR. NEWELL-No, the pitch goes the other way. It shouldn't be a problem. If you want to make a proposal to shorten the deck, I could bring that to them, if that's the only way we'll get the variance. MR. CARR-We're just, one of our functions, here, is to please the neighbors, current and future, as well as, also, try to find out what minimal relief is necessary, in order for the house to be usable, and a 14 by 14, I mean, that's a big room and a big deck and I know a lot of people have 10 by 10 decks, and I'm just wondering if you could pull it back four more feet, to give them a 10 by 14 screened in porch and a 10 by 14 deck. I mean, that, to me, seems like a good sized deck and porch, but I don't know how the other Board feels. MR. SICARD-Does your plan show these trees? You must have an up to date survey of this, don't you? MR. NEWELL-No, we do not. The survey will be done, obviously, before any building is started. MR. SICARD-The trees would be on that survey, possibly. MR. COMORA-I don't have any objection to this. I'm not looking to create any hardship for these people. If those trees are left, the large trees, and I think everybody would know what they are, we don't have any objection. MR. CARR-To the 20 feet? 37 " MR. COMORA-Right. MR. TURNER-Okay, I guess that anßwers the question. MR. SHEA-Yes, I would say, for the record, it appears that they've tried to minimize the variance by placing the house in the very center of the property, so that it's as fair to our requirements, here, on the Zoning Board, and to the neighbors and that of the restrictions in the deed and covenants of the property, ßO it all seems pretty reasonable, to me. MR. TURNER-Okay. Anyone else wish to be heard in respect to the application? None? Public hearing's closed. PUBLI C HEARING o..OSED COUESPONDENŒ Warren County Planning Board returned No County Impact STAFF INPUI Notes from Lee A. York, Senior Planner (attached) MR. TURNER-Any further questionß for the applicant, in reference to an alternate design? Are you satisfied with what he's got? Okay, motion'ß in order. IIOTION TO APPROVE AREA VARIANCE NO. 74-1990 FRANK & FAITH NOLFI, Introduced by Bruce Carr who moved for its adoption, seconded by Theodore Turner: Thiß would be granting the applicant a 10 foot variance from the required 30 foot rear setback and an 8 foot variance from the required 50 foot front setback. Many lots in this development have already received variances of this nature and the ßize of this lot imposes a practical difficulty on the applicant. Strict application of the requirements of the Ordinance would deny the applicant reasonable use of the property. The variances requested appear to be the minimal ones needed in order to utilize the property. It will not have a detrimental effect on the public facilities by granting of these variances. As a condition of these variances, the applicant will be required to maintain aß many trees along the northerly property line as is feasible. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Shea, Mr. Kelley, Mr. Sicard, Mrs. Goetz, Mr. Carr, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston USE VARIANŒ NO.. 75-1990 T1PE: UNLISTED WR-3A GLENS FALLS (X)ÐNTRY CLUB O~ER: SAME AS ABOVE RO_D PŒD mAD FOR CONSTJUJCTlœ OF A NEW CARr STORAGE BmLDIIIC AND TO REPLACE THE EXISTING SMALLER BmLDING, SECOND FLOOR EXPANSION OF PRO-SHOP AND A NEW SNACK BUILDIIIG WITH A PAVILIœ IlEPLACEHENT.. (WARREN COUNTY PLANIUNC) TAX HAP NO.. 67-1-1, 5 Lor SIZE: 1% ..78 sEcrlœ 4.020-D MR. TURNER-Anybody in the room representing the Glens Falls Country Club? No one' ß here? MR. BAKER-The applicant and the agent were notified. MR. SHEA-Who was the agent? Was there a name on it? MR. TURNER-Rist-Frost. MR. BAKER-The agent is Rist-Frost, ASßociates. MS. CORPUS-I just talked to Bill Levandowski, today, aßking him about the fact that this was one of their applications. MR. CARR-And what did he say? MS. CORPUS-He said, yeß, that this was one of the things they had discußsed with Steve and Steve was aware that they would be representing the Glens Falls Country Club, and I said, well, I was just reading my things for tonight's meeting. 38 MR. TURNER-Well, in absence of the applicant, I'd move to table it. MR. SICARD-I think so, too. HOTION TO TABLE USE VARIANCE NO. 75-1990 GLENS FALLS COUNTRY CLUB, Introduced by Theodore Turner Who moved for its adoption, seconded by Michael Shea: Tabled due to the non appearance of the applicant. The applicant will have to pay for re-advertising of the application. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Kelley, Mr. Sicard, Mrs. Goetz, Mr. Carr, Mr. Shea, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston MR. TURNER-Since this doesn't go to public hearing, t he applicant has to pay for re-advertising? MR. BAKER- Yes. MRS. GOETZ-Who are you going to talk to about this? MS. CORPUS-I have a call in to Tom Yarmowich, myself, on some other matters, I can. MRS. GOETZ-It just seems like, I think the President of the Club should know about it, W10 is Dr. Delsignore? MR. T URNER- Yes . MRS. GOETZ-Because that is pretty bad. MR. BAKER-I'm sure they'll be aware. They'll receive the findings sheet, as well as Rist-Frost. MRS. GOETZ-They will? MR. BAKER-Yes. The findings sheets go to the applicant and to the agent. MRS. GOETZ-Okay. MR. BAKER-So, the Country Club will be aware. USE VARlANc:B NO.. 76-1990 AS ABOVE CORNER OF DIX FIB BOUSE TO BUILD AN (WARREN COUNTY PLANKING) BY 166 F'J.. SECfION 4.020 T1PE: UNLISTED CR.-15 IIONALDP.. DUFOUR. OWNER: SAME AVENUE AND PMLLIPS AVENUE, ACROSS FIIOM SO.. QUEENSBURY OFFIc:B BUILDING AND GARAGE FACILITY (40 n.. BY 50 F'l..) TAX JtAP IIUMBER 111-1-7, 8, 9, 10 LOT SIZE: 200 F'l.. I RON DUFOUR, PRESENT MR. TURNER-Do you want to read the old application, just sO everybody knows the motion. MRS. GOETZ-It was a separate one, right? MR. TURNER-Yes. MRS. GOETZ-Is it in a separate file? MR. TURNER-It should be. Is that file in there? MRS. GOETZ-I don't think it is. MR. TURNER-I can tell you what it is. MRS. GOETZ-Well, there is a, you applied to keep it where you live, before, right? 39 MR. TURNER-Yes. MR. DUFOUR-I have it here, if you want that. MRS. GOETZ-It may be helpful. Do you have what the final decision was? MR. DUFOUR-I've got it right here. MR. TURNER-I can tell you what it was. a chance to relocate. We tabled it for one year, to give him MRS. GOETZ-Okay, thanks a lot. The prior variance request was No. ll2-1989, and he was talking about his property, at that time, at 14 Lynne Avenue, which is around the corner from the property that we're talking about, now, and the present use, at that time, was partial residential, partial commercial, parking of trucks, use premises as above since 1978 and he wanted to continue to use the property on Lynne Avenue as he had done, and our motion, in answer to this request, which was dated September 27th, 1989, was, Mr. Turner made the motion and it was seconded by Joyce Eggleston, to approve this application for one year to give the applicant ample time to relocate, which means to buy or rent, or move the operation out of the UR-10 zone. This was a preexisting use in the zone since 1978 and the application is for an expansion of that use. And there were six votes for granting that motion. We had a vacancy, then. MR. TURNER-You might want to read that first, so that everybody's aware of it. MRS. GOETZ-On September 24th of 1990, Pat Collard sent this out. Ron DuFour met with me Friday, September 21st, concerning his Site Plan. We discussed locating the office portion of his building at the 50 foot setback, per the Ordinance, Section 4.0201, with the commercial part of the building or the garage 66 feet, instead of the required 75 feet. It may be difficult to keep a total of 50 feet required as a buffer to the south and locate parking to the rear of the building. The minimum number of spaces required for the office would be two, plus one handicapped space. MR. DUFOUR-These plans, here, I have some new ones written up or drawn up or whatever. MR. TURNER-Okay, have you got the new ones there? MR. DUFOUR-Yes, because I did meet with Mrs. Collard and she brought it to my attention. MR. TURNER-So, we're to consider those instead of these, right? MR. DUFOUR-Yes. MR. BAKER-Mr. Chairman, the Board should be aware that the Planning Department has not reviewed those revised plans. MR. TURNER-You haven't seen them, yet. Well, the old plans didn't indicate a buffer zone, which is required, there, between the UR-IO and the CR-15. MR. DUFOUR-Actually, the only changes I made were, I moved the parking facility from the back of the building to the west side of the building, so I could get the, here, let me give you a copy of these. MS. CORPUS-We don't know which side's north. MR. BAKER-Yes, there's no north arrow. Is it over here, now? MR. DUFOUR-Yes, see, right here, on this end, so I can still meet the 50 foot buffer zone. The bui 1ding I did move back to th~ 75 foot line. Those are the only to changes I made. I showed the buffer zone, here. MR. TURNER-This is a Use Variance, so you've got to prove all the points required for the Use Variance, why you should have that, there, and, also, that you can't realize a reasonable return on the property, and, also, that anything in the CR-15 zone, why it wouldn't fit on that lot. So, I'll start with that. MR. DUFOUR-Well, that was explained in my application. I residential area and this is the only other alternative I've got. have the finances to go out and by a piece of land to relocate that one there. had them in the I mean, I don't it, other than 40 MR. TURNER-I think the time, before, Wlen you came, that used to be Highway Commercial. MR. DUFOUR-Yes. MR. TURNER-And then they changed it to CR-15, on your side of the road, and I think it's Highway Commercial on the' other side of the road. MR. DUFOUR-On the other side of the road, yes. MR. TURNER-Alright, but, by the same token, there's a new, Highway Commercial business that just went in, on the next street down, that Mr. Vece built, alright? MR. DUFOUR-Yes. MR. TURNER-The one across the road, at the four corners, that's gone. MR. DUFOUR-The one at the four corners? MR. TURNER-Yes, down by the light, the recreation facility. MR. DUFOUR-Yes. MR. TURNER-Everything there is Highway Commercial. MR. DUFOUR-Right. MR. TURNER-And you're asking us to consider an application that belongs in a Light Industrial zone. MR. DUFOUR-Well, I think what I don't do anything industrial. I'm doing is commercial. I don't know, I mean I take in, I rent my equipment out. I mean, MR. TURNER-Yes. MR. DUFOUR-I've got two dump trucks a back hoe and a dozer, and they're usually rented by the hour. MR. TURNER-Yes. MR. DUFOUR-I did call on different people to find out about renting space and, for a garage facility, you're talking about $6 a square foot. MR. TURNER-Yes. MR. DUFOUR-And I did have this lot, so putting a building on it, 2,000 square I've got now and, I could dress it up. on there now, as far as story wise. I thought that it would clean it up by feet, it would house the equipment that I 'm sure it would look as good as what's MR. TURNER-Yes. MR. DUFOUR-I didn't plan on putting a metal building up. I plan on decorative block, with vinyl siding. It would have a shingled roof. to have a water fountain in the front of it, and the overhead doors, dress it up. Once I get this thing fixed up, I want it to look good. putting a I'm going I want to MR. TURNER-Okay, but that lot MR. DUFOUR-The difficulty, I can't.... MR. TURNER-I know. I know Where you're coming from. I appreciate it. MR. DUFOUR-I mean, the economy doesn't look MR. TURNER-But we're armed with a set of credentials, here, that says your operation belongs in a Light Industrial zone, a truck repair facility, and storage facility, and you're asking us to put you in a CR-15 zone, \Jlere that doesn't even apply, that doesn't even cOme close. MR. DUFOUR-Well, that's Why I'm asking for the variance. MR. TURNER-I know, but what I'm saying to you is, in effect, you're a construction company, in a sense. 41 MR. DUFOUR-Well, not really, yes, I don't do any construction. MR. TURNER-But you would fall into that category because you're in the excavation and the hauling business, heavy equipment storage is what you'd be under. MR. DUFOUR-Well, they're not really, well, you can call them heavy equipment, but, you take a look down Dix Avenue, you could call that heavy equipment, too, and that's a lot heavier than what I've got. I mean, I've only got, I've got two tractors and two dump trucks. MR. TURNER-Yes. MR. DUFOUR-I mean, it's not like I run a big have any other alternatives, at this point. I've got to the family. trucking outfit or anything. I don't I mean, it's the only back bone that MR. TURNER-I understand. (END OF FIRST DISK) 42 MR. CARR-Ted, what are the allowable uses? I don't have my book. MR. TURNER-What in, CR? MR. CARR-CR, yes. MR. KELLEY-I've got them, here. Do you want me to read them. MR. TURNER-Go ahead, Jeff. MR. KELLEY-Okay, well, Type I is construction of a non residential facility and it gets into the sizes. We're probably more a Type II. We're looking at office building, social club, fraternal organization, hospital, nursing home and health related facility, day care center, restaurant, banking facility, gasoline station, with or without automobile repair facility, as an accessory use, home occupation, hotel, motel, inn, lodge, retail business, veterinary clinic. Those are permitted uses in the zone. MR. CARR-I guess I just have a question as to, he rents heavy equipment. Why isn't that a retail business? I mean, is U Rent All a retail business? MR. TURNER-He uses this equipment himself. He goes with it. He rents it out, but he uses it. MR. DUFOUR-I go with it, as an operator, but it's mostly done by the hour. MR. CARR-Why does that make a difference? MR. TURNER-It's a different type of operation, altogether. heavy industry that belongs in a Light Industrial zone. It's the same as any MR. CARR-Is that defined, somewhere in the Code? MRS. GOETZ-I'm looking, under construction companies, in the definitions. MR. CARR-Yes, that's what I'm talking about. MR. TURNER-Well, it says construction companies and it says heavy equipment storage. MR. KELLEY-I think maybe the other thing we might want to read is, what is the purpose of a CR-15 zone? MR. CARR-Yes. MR. TURNER-Yes. MR. KELLEY- It says, Commercial Residential zones are those areas of Queensbury which are transitioning from Residential to Highway Commercial uses on narrow, arterial roads. The purpose of this zone is to allow for this transition in a manner which permits the widening of the arterial route and encourages safe traffic patterns, an aesthetically pleasing environment, and safe pedestrian circulation. MR. DUFOUR-If I'd put any of the permitted uses on there, it's automatically going to increase the traffic situation. I mean, we've got one on Park Avenue, with Morse Engineering, I have nothing against them, but my brother lives on Park Avenue, you ask him the difference in the traffic. If I put a store up there or a bar room or whatever, how is it going to adverse on the neighborhood. I don't think the neighbors are going to, probably, agree with it because we do have a lot of small children. MR. TURNER-Is that lot totally filled, now? MR. DUFOUR-Yes. MR. TURNER-To these dimensions? MR. DUFOUR-Yes. It's all graded, sloped off in the back, seeded. I've got it all mowed in the back. I don't know how many of you went down and looked at it. MR. TURNER-Yes, I looked at it the other day. MRS. GOETZ-How is Scott McLaughin zoned? 43 MR. TURNER-He went in there under Highway Commercial, that was a permitted use. MRS. GOETZ-When he went in. MR. TURNER-When he went in, just before the Ordinance was changed. MR. CARR-What's he do? MR. TURNER-He stores heavy equipment and resells it. MR. DUFOUR-Well, he went in under Farming Construction Equipment. MR. TURNER-Yes. Farm Implements. MR. CARR-Now, is that allowed in a Highway Commercial? MR. TURNER-Yes. MR. CARR-It is still allowed in a Highway Commercial? MR. TURNER-Yes. MR. CARR-Highway Commercial's right across the street? MR. KELLEY-Yes, but that's a CR-15 zone. MR. TURNER-This is a CR-15 zone. MR. KELLEY-It's the same zone as this. MRS. GOETZ-Is it? But he preexisted. MR. CARR-Is it the same zone as that? MR. TURNER-Yes. MR. CARR-But, also, from what Jeff read of the purpose, he said the purpose is to transition it from Residential to a Highway Commercial. So that, probably, 20 years down the road, it's going to be a Highway Commercial zone. MR. TURNER-Yes, but what I'm saying, the business he does, and he has, is not a Highway Commercial. MR. SHEA-That's in a different classification. MR. CARR-Well, that's what I want to find out, is the definition, of what definition is it under? MR. DUFOUR-I've talked to a lot of people, and they don't seem to think that the business that I operate should go under Industrial. They don't see where I do anything industrial. MRS. GOETZ-Well, we can go to Heavy Equipment, first of all, like, under Light Industrial it will say Heavy Equipment Storage, ~uld that be? Okay. Then you go to the definitions, here, and the definition is Heavy Equipment Storage means the exterior or interior storage and maintenance of large operational equipment, such as trucks, bulldozers, back hoes, engines, compressors and other similar machinery, for use on another lot. So, that seems like what you do, and the type of equipment that you have fits that definition. MR. KELLEY-What was that zone? MRS. GOETZ-Light Industrial. MR. KELLEY-Okay. MR. CARR-Okay, so, now, in Highway Commercial, is that correct, but you just can't store it? you could sell heavy equipment, MR. KELLEY-Well, this is what, Bruce, I guess, because, if you look at it's Si te Plan Review, and I guess I'm thinking of Scott McLaughlin. and Construction Equipment, Sales and Service. the thing that I would question, ~ere it says Highway Commercial, Number 13, they talk about Farm 44 MR. TURNER-Yes, Sales and Service, and that's What he's under. MR. CARR-Okay. MR. KELLEY-Well, construction equipment's trucks and bulldozers and back hoes, so, apparently, that's how Scott got his, because it was Highway Commercial. MR. TURNER-That's how he got his. Yes, that's correct. MR. KELLEY-Okay, so, maybe it could go under a Highway Commercial, or Light Industrial, ~at Ron's proposing. MRS. GOETZ-One difference might be that sales, especially sales, they're not moving in and out of there all the time, as much as they might be in a Light Industrial type situation. MR. CARR-But isn't a rental, a sale, technically? It's a sale for an hour. I mean, a rental is for sales tax purposes, you charge sales tax, don't you? MR. DUFOUR-Yes. MR. CARR-Is that not a sale, and isn't the purpose of a CR zone is to go from Residential to Highway Commercial, v,hich he would be allowed in, if this was Highway Commercial? MRS. GOETZ-See, that's What we have to decide. MR. CARR-I'm looking at this, also, as something, it seems like a practical use of the property, but, yet, I can see us setting a bad precedent, okay, and that's what I'm trying to avoid by trying to get into the definitions to find, and the purpose of the CR zone, to try to at least justify this type of operation in a CR zone. MR. DUFOUR-I don't think the building, with my type of operation, is going to change anything at all, along Dix Avenue. I mean, it all looks like that. I mean, you've got Hertz, with big trucks, tractor trailers, and then you've got Hess Ventures, they make ice right there. If anything, that would industrial, and he has five or six trucks parked there, all the time, big trucks, little trucks, and then you've got Scotty McLaughlin's which, you know, with me, I'm down to, like, two dtnnp trucks, a back hoe and a dozer. I can show you people what are going to be there. Now, for him, sales and service, I mean, he could pull something in there without any wheels on it, even, and he'd say, I'm going to sell it. I mean, this way here, I can show you what I'm going to put there and he's working on his there. What's the difference if he works on his or I work on mine inside? I don't do major overhauls. I'm not equipped for that. I don't do any welding, you know that. MR. TURNER-I don't have a problem with some of the things, but, still in all, I think what's going to happen is it's going to set a bad precedent. It's going to put the Board in a bad light with a lot of other applications that cOme in front of us for similar operations. This type of operation is just the same as mine. It doesn't belong around a residence. MR. CARR-Well, I don't agree that it's setting a bad precedent because I'm not sure that what he does is heavy equipment storage. I mean, I look at this more of a retail business. MR. TURNER-It's an excavation business. It's right on his truck. MR. CARR-Right, but it's a rental. The business is, he rents equipment. MR. TURNER-No, he goes with it. So do I. I'm the same thing. I rent equipment. MR. CARR-You rent equipment? MR. TURNER-But I go with it, the same as he does. MR. KELLEY-Well, I think you've kind of misconstrued what he means by renting equipment. MR. TURNER-Yes. 45 ---' MR. SICARD-He rents everything. MR. KELLEY-He doesn't say, Bruce, if you want to rent my bulldozer, it's $100 an hour. I'll drop it off at your lot and you drive it. MR. TURNER-No. MR. KELLEY-He's saying, Bruce, if you want me to do work for you, it's $100 an hour. I'll come over to your place and do it, that isn't what I call renting. Do you do the job by the hour, or do you do it by a contract for the whole amount, that's. MR. CARR-I do it by the hour. MR. KELLEY-Are you renting, yourself? MR. CARR-Yes, I am. Some people say more than that. MR. KELLEY-My question is, I guess, if you've looked at the zoning map, I wonder why it ever got CR-15, to start with. Everything around it is Highway Commercial or Light Industrial. MRS. GOETZ-I think it was because it's surrounded by residents, and to try to help them deal with the impact of a change from Residential. MR. TURNER-Yes. MR. CARR-Well, that's fine, and then, maybe we should look at, I mean, maybe give more opinion or more weight to public opinion, on this matter. Maybe we should hear what the public has to say about it, because if that's the main concern, and, plus, there's a ton of letters, so this is obviously a very controversial, favorable or unfavorable, proposal. MRS. GOETZ-I think it's unusual to have neighbors wanting this kind of thing, but we have to hear what they say, but we don't, most likely, have this happening, most of the time, because if you get people in here that want to put big trucks in a neighborhood, we usually have trouble, so it will be interesting to hear. MR. DUFOUR-Yes, but you've got to look at, I've been there for 13 years, so I must be doing something right, or the neighbors would have thrown me out 13 years ago. MRS. GOETZ-And we'll take that into consideration. MR. DUFOUR-I do take care of what I've got and I've got a lot of pride in what I do. MR. CARR-Jeff, can I ask you a question? How far away is the Light Industrial zone, from this property? MR. DUFOUR-Approximately, 500 feet. MR. KELLEY-It's on the other side of that UR-IO, wall, across the road is Highway Commercial. MR. TURNER-C»mmercial. MR. KELLEY-Behind this zone is a UR-10, to the east, we're in Washington County, and to the west is another Highway Commercial zone, but, just outside each of those Highway Commercial zones is all Light Industrial One Acre. MR. CARR-I mean, isn't this the U-Haul situation? MR. KELLEY-It's kind of interesting, if you look at the map. We're talking about a little tiny chunk. I don't know who wants to see it, but this little bitty strip is Where we're talking about. Here's all this other stuff. MR. CARR-I'm very interested in public opinion, on this one. MRS. GOETZ-Alright, so are we going to have the public hearing now? 46 MR. TURNER-Yes. I'll now open the public hearing. PUBLIC BEARlNC OPENED DOROTHEA FORTUNE MRS. FORTUNE-I'm Dorothea Fortune. I live on the corner of Lynne and Phillips. My address is Lynne. I'm for it, definitely. I have lived there for 41 years, myself and I have seen businesses COme and go, ~ich have, years back, there was a power shop up there, and a trailer behind it. A Mr. Sexton ran it. On the other corner where there was a printing press, opposi te where Ron wants to be. My tnlcle, years ago, had the Filco franchise. I know Ron. I know his work. I know how he operates his equipment. I have grandchildren. There are children up and down the road, that live there. I have no fear of him with his vehicles. You have more fear of some idiot coming down the road, short cutting, to put it bluntly. I can see it where he is proposing to build. He has told me and showed me dimensions and everything and my kitchen window faces Phillips. I have a window here, and a window there. I can see Dix, his lot, or across the road, right from my table or my kitchen window, I can see, also, up there, and I think it would be an improvement and I am all for it. I'm not against it, in no matter, ws.y or point. Thank you. I think, too, when the taxes rolled around, he'd be a good tax asset. More taxes, since Cieba Giegy went out. JOE DUFOUR MR. JOE DUFOUR-Hi, I'm Ron's brother, Joe, and I live at 5 Bell Avenue, down where Scotty McLaughlin's is, and I'd rather see, there's a lot of cars going in and out of there, and, also, down at the Wise Potato Chips, on the Boulevard, there's trucks coming up my street all day long. I've got little kids, and most generally he would be going out on Dix, not the side streets. Thank you. PUBLIC BEARING a..OSED CORRESPONDENCE MR. GOETZ -Okay, Mr. Dufour, you had a letter, here. MR. DUFOUR-Yes. Okay. MR. GOETZ-So, I won't read it, since I think you said the same thing. Okay, this is a letter from James, Lorraine and Michelle Lettus: "We have known Ronald Dufour for the past 35 years. We would like to recommend that he and his wife Bonnie be given a variance for a business building on the corner of Dix and Phillips Avenue in South Queensbury. They are many businesses in this area. This building can only improve this part of South Queensbury. Ronny keeps his equipment and property very neat and clean at all times. We cannot see any problem with this building in our area. Hope you will approve this variance." Tim Lettus: "I have lived in South Queensbury all of my life. I have known Ronald Dufour for most of my life and would like to help him, if I can. It is my understanding that Ron is having a hard time getting a variance to construct a place of business on Dix and Phillips. I cannot understand this when there are so many other businesses on Dix Avenue. Ron's business would be surrounded by many others that are already operating. Many of these are fairly new to our neighborhood, King Fuels, Big League Dreams, and Scotty McLauglin' s Used Equipment. When the Town allowed King Fuel to construct a filling station on the corners of Dix and Quaker, they also allowed a beautiful old home to be destroyed that, at one time, held a lot of memories and history of Sout h Queensbury. I have no quarrels with Mr. McLaughlin for having a business in South Queensbury. Living right across the road from his business, I must say that he has kept his hours to a sensible time without disturbing my f~ily. For at least a year, Mr. McLaughlin ran his business from an old house trailer. He now has a new garage that looks much better. I am sure that Ronald will have a building that will compare to this one, or it might even be better. Ron and myself, along with many other people brought up in South Queensbury, have belonged to the South Queensbury Fire Company. We have always tried to make this area a friendly and respectable place to live. I hope that the Zoning Board can see that Ronald and Bonnie will do nothing that will hurt the Town, only make one more improvement in South Q." This is from Eileen Langway and Theresa Roberts, 6 Phillips Avenue: "We as taxpayers in the Town of Queensbury feel that the building that Ronald Dufour wants to put up will only improve the property which he owns on the corner of Dix and Phillips. He has recently built a house next to us, on Phillips, and it is a very lovely home and has certainly made the street look a lot nicer. He has our support, totally, on building this building, or a garage, 47 whichever." Allen Dufour, Blanche Dufour, and Anne Marie Dufour, 15 Park Avenue: "We know that there has to be some kind of restrictions, so there won't be utter chaos in the Town. Residential zones we can see no Commercial permits, but on Dix Avenue? When there are garages, greenhouses, industrial park, car washes, besides being the main route to Glens Falls and Quaker Road, to Northway, so all types of trucks and trailers move on our road. Ron wants to put up a building that would be a credit to our area with the landscaping and fountain he'll put in. Much better than the corner of Highland and Boulevard, with all the weeds spilling out on the sidewalks, or the junkyard on Lower Warren Street. Maybe there's fences, but from the road, looking at yard, the junk jumps out at you. Always wondered how the quarries there could be filled in, when I can remember a swimming hole, there, fed by springs that emptied under canal into river. I've often wondered about the engines and crank shafts leaking, but that's not what this letter is about. How about the eyesore with all the trucks and equipment left out at the corner of Dix and Quarry Crossing. No flowers or shrubs or trees there to hid anything or to enhance the property. So, how about something attractive for our section. We're in the Town of Queensbury. In fact, we are one of the oldest sections and we deserve some beautification, too, with a building we'd be proud to see and look at. How about a variance? New building on corner of Park Avenue and Dix is how far back from the front, facing Dix, from Park Avenue and from boundary lines. If that was allowed for nonresidents, why not allow it for Ron, born and raised in South Queensbury. So, how about the variance. We are tax payers for 43 years. Are we just nothing? Don't we have any say in our part of Town? 11m sure some people have a say in theirs. Our family has paid taxes in South Queensbury, really, about 70 years, starting with my parents, Ron's grandfather and grandmother, in 1920. This variance is needed because it's the livelihood of Ron and his family." Jean and John French: "We are writing in regards to Ronald Dufour, enacting his business at the corner of Dix and Phillips. We have known Ronald Dufour for 31 years. Ronald bought the house right across from us when he was just a young man. It was an eyesore. In no time at all, Ronald and his wife had the house and land looking real pretty. He landscaped it and fixed the house over. Ronald has bought at least four places around me and has made them real pretty. All of the places started out looking plain, but nice to real bad. In our opinion, Ronald will improve the lot on Dix Avenue 100 percent. We know Ronald improved our neighborhood 100 percent. He showed us the picture of the building he wants to build on it. It will be a beautiful building." Realty DuPark, Whitehall, New York, Judy Nacua: "I have lived at the above address for eight years, having been a neighbor of Ron Dufour and his family for the same period. He has been considerate of the neighborhood, keeping noise levels and truck activity to a minimum during the day and no activity during the evening. His properties are well cared for and have upgraded the neighborhood. I feel confident he will use the same care and judgement managing the facility he proposes to build. He has my full support." Rita Wolfe, 5 Crestwood Avenue: "I understand that Ronald Dufour's applying for a variance to build an office and a garage facility on the corner of Dix and Phillips. I have seen a proposed plan and would certainly approve of this building being built behind my lot on Lynne Avenue. Mr. Dufour has improved Lynne and Phillips Avenue with his present properties, new buildings, and restoration of old. I believe this-garage would be acceptable to everyone." This is from the South Queensbury Volunteer Fire Company, Joseph Duprey, Fire Chief, to Susan Goetz, Secretary, Queensbury Zoning Board, dated September 21st, 1990 (attached) Memo from Pat Collard, Zoning Administrator, to Zoning Board of Appeals, dated September 12th, 1990 (attached) There's more. MR. CARR-Could you summarize them? MR. TURNER-Just name them, who's in favor, who's opposed. MRS. GOETZ-Arthur Seeney, "I'm not opposed to it", Michael Horogan: "I am satisfied that the building plan he presented to me will improve the overall look of the Dix and Phillips Avenue corner." They're concerned that "any new construction may fall short of the desired result, thereby causing an eyesore to the immediate residents. Therefore, it is our opinion that if the project is allowed to proceed according to the specifications he has outlined to me with the building diagram, it can only improve the looks." This is from George Rosacus. He's at 83 Lower Dix Avenue, immediately west of this property and it's recommendation for approval and he's reviewed all. Mr. and Mrs. Michael Hammond, in support, and they've reviewed the plans. Katherine Linstrand Barlow, and she owns property at 93 Lower Dix Avenue for over 14 years and she used to operate Linstrand Printing and she said that she's had experience dealing with him over several years and she's in support. Lucille Russell, Calvin Russell, no problem with it. Sandra Murray, she lives at 95 Lower Dix Avenue and she's in support. Donald and Rosemary Dufour, 13 Park Avenue, support. Thomas Maille, 1 Park Avenue, support. Ronald Rabine, 48 and he's in support. He's at 94 Lower Dix Avenue. Rod and Eleanor Sawyer and they are in support and they're at 46 Boulevard. Warren County Planning Board returned No County Impact STAFF INPTILT Notes from Stuart G. Baker, Assistant Planner (attached) MR. TURNER-Okay, do you want to discuss it, anybody? MR. CARR-It just seems, the whole neighborhood wants this. I mean, they think it's going to be fine. I still have trouble, mether or not it's even required to be in a Light Industrial zone. MR. SHEA-I think, again, it's like a couple of others that we've had before us, mere it's a fine line in a gray area, as far as the definition is concerned. I think the fact that the neighborhood is in full support, that it is in a zone that is going through a transitional period, as it is now. I don't have a problem with it. MR. SICARD-I agree. MR. KELLEY-I agree with what they say. I guess the struggle is how to go through all the stuff and do it, if we're going to, or whatever. MR. TURNER-The only problem I have is that he hasn't demonstrated to the Board that he can't realize a reasonable return on the piece of property, as zoned. I don't have a problem with Ronny, period, because he does a good job. I'm talking about the property, not Ronny, the property. Whatever he does, he does well. He keeps equipment up nice. It looks good. He does a good job. I don't have a problem with him, at all, but I have a problem with the property, and that's what we're talking about, the property, not who runs it, v.ho operates there, but the property, and my feeling is that it's still a Light Industrial use, no matter how you call it. It's a construction company, excavation company is a construction company. MR. KELLEY-Well, let's ask a couple of questions. Ron, how long have you owned the property? MR. DUFOUR-Since 1985. MR. KELLEY-And what was there when you bought it? MR. DUFOUR-Do you want to see a picture of it? It was a mess. MR. KELLEY-No, there was an old shack or something, ~sn't there? MR. TURNER-There was a trailer there, ~sn't there? MR. DUFOUR-No, that was gone when I bought it. MR. TURNER-That was gone? MR. KELLEY- Yes, the burned it down. MR. TURNER-Sexton's trailer? MR. DUFOUR-Yes. I mean, there was a big ravine there, about 20 feet deep. MR. TURNER-There was a big ravine there. MR. KELLEY-But there was some kind of an old building, at one time, right? MR. DUFOUR-Yes, and then there was a business on the corner of Phillips and Dix, but they tore it down, that was years ago. He sharpened saws and stuff there. MR. KELLEY-Have you ever tried to sell this property? MR. DUFOUR-Well, I've called different realtors on it, to see what it would be worth, and then I called different realtors, to see what I would be looking at to buy a piece of industrial property in the Town of Queensbury and they told 49 me, just starting out, that one acre is impossible, there's not such a thing, and that's about what I've got there, on the lot, and then they said that, I called one, Capital Realtor, and they've got four acres in the Industrial Park, but they want $60,000 for it, and then I called Wharton Realtors and they've got Industrial property on Corinth Road that's seven acres and they want $900,000. MR. TURNER-Did you ever ask what you could market that piece of property for? MR. DUFOUR-No, I really never, I mean, I did call different real tors to come and look at it, but they never made an appearance. MR. TURNER-They never gave you a commitment? MR. DUFOUR-No. I mean, I'm sure I could find out, but, I really don't want to sell it. The corner lot was given to me, by a friend. The other lot, so I know I could get a return out of it, but I just, I don't think I could get enough to replace what it's worth. I mean, I want to put a nice looking building up there. I don't want to put, I know. MR. TURNER-I don't have a problem with what you're going to put there, Ronny, at all. It's just the use as a property, that's all. I know whatever you put there will be good. MR. KELLEY-If you look at the Type II uses that are permitted in that zone, and you tried to figure out how many of them would you say would be really applicable to the piece of property, you rule out a few of them. MR. TURNER-Yes, you'd rule out a few of them. You're right. MR. KELLEY-And if you looked at it from a process of elimination, you'd say, well, What would you put there? MR. TURNER-You could put an office building there. MR. KELLEY-Right. MRS. GOETZ-You could put a social club, because the South Queensbury Firehouse, to some extent, is a social club. It is, Which is a good feature of a fire company. MR. CARR-I don't know if I'd put an office building there. MR. DUFOUR-What kind of effect would these places have on the neighborhood, though? I mean, you guys would allow it, but how about the effect, the adverse on the nei ghborhood ? MRS. GOETZ-Daycare center. MR. TURNER-No, this is what is allowed. MR. DUFOUR-I know. MR. KELLEY- Yes, I'm just saying, you know, I don't know about a hospital or a nursing home. MR. TURNER-No. MR. KELLEY-It's a little noisy for that. MR. TURNER-You could put a restaurant there. MR. KELLEY-They were talking about transition in manners permits the widening of the route and encourages safe traffic patterns. Well, I don't know that a restaurant would do that. That would increase it. MR. SICARD-Increase it. MR. TURNER-Well, the restaurants have to be back 75 feet. MR. CARR-In fact, everyone of those uses is going to increase traffic. MR. TURNER-Everything would have to be back, yes. 50 -- MR. KELLEY-Well, I know, but his is less than a restaurant or a bank. MR. CARR-That's right. So, it sounds to me like what's required of the area is not what is allowed in the area. MR. TURNER-The other aspect that's there is, Wtatever goes there has got to have 50 foot buffer. MR. CARR-Right, so that's going to reduce the usable space of the property. MR. TURNER-So, that reduces the size, immediately. MR. CARR-You won't get McDonalds in there. MR. TURNER-Yes. MR. KELLEY-And you aren't going to do a motel, hotel, or an inn. I guess I'm just struggling with the way it's zoned. MR. CARR-I would say that this property, probably, cannot realize a reasonable use, as a CR zoned property, due to the 50 foot buffer, Wtich is going to take a good third of the property. MR. TURNER-Well, plus, the 75 foot setback. MR. CARR-Plus the 75 foot setback. MR. TURNER-There's 75 and 50. There's 125 feet, right there. MR. CARR-That's right. You're going to have very few Highway Commercial type businesses which are allowed in the CR zone, WtO would be willing to go on to that property. I think common sense would just dictate that. MR. TURNER-The neighbor to the south, that owns the Army Navy store, has he got a letter here? MR. DUFOUR-He's to the west, that's George Rosacus, that's the one at 83, yes. MR. TURNER-That's George Rosacus? Okay, alright. MR. DUFOUR-And then Mrs. Barlow was the one, to the east, and then I own to the south, and then the firehouse is to the north. MR. TURNER-Yes. That's the only problem I have. Again, I don't want to beat a dead horse, but he does a good job with whatever he does, and he'll do a good job here, but does it meet the criteria for the use variance, that's the problem. MRS. GOETZ-Well, once this use goes in, it goes with the property. MR. TURNER-Yes. There's nothing to say that, down the road, if he decides to sell it and get out of the excavation business, that he can't sell it for whatever use is permitted. MR. DUFOUR-I'll give you an affidavit, saying I'll never sell it. MR. TURNER-Well, I'm just saying. MR. SICARD-It reverts back to the zone, doesn't it? MR. CARR-Yes, couldn't we get an affidavit from the applicant, Karla, restricting this variance, it goes with the land, but to him, personally? MS. CORPUS-It can be conditioned upon ownership of this particular applicant. MR. TURNER-You can condition it. MR. CARR-Okay. MS. CORPUS-Or this particular use, also. MR. TURNER-You can give it to him and condition it, that the variance expires when the business, Wten he sells it. 51 MR. CARR-When he sells the property, or the business goes out. MS. CORPUS-That or when this use is discontinued, either or. MR. TURNER-Condition it for use. MR. GOETZ-This business that he's operating? MR. CARR-I would say, both, either or. MR. TURNER-The other point, also, is, directly across the road from here is Red Star Trucking. MR. CARR-Pretty close. MR. TURNER-But that's a preexisting, nonconforming use. They've been there for a long time. MR. SICARD-A hundred years. MR. TURNER-Yes, they've been there a long time, but that creates some sort of a hardship, maybe, on the area, right there. MR. DUFOUR-I can keep this in the family, though, right, if I draw up that affidavit? Like, if my son takes over the business, I hope he doesn't, but can I turn it over to him, once it leaves me, if I pass away or something. I mean, I'll put it in there that it never be sold as a garage facility or to house trucks or stuff. MS. CORPUS-I would recommend the Board make some sort of language, to that effect, if that were the Board's intent. MR. CARR-Yes, within Ron's immediate family. HOTION TO APPROVE USE VARIANCE NO. 76-1990 IONALD P. DUFOUR, Introduced by Michael Shea who moved for its adoption, seconded by Charles Sicard: Due to the present zoning, ~ believe the property cannot be used for the majority of the approved uses. We believe if the applicant is unable to use this property for the proposed use, it will cause a financial hardship. The variance is necessary so his right as a property owner can be maintained. The uses permitted in the CR-15 zOne are restricted due to the size of the property and the restrictions of the buffer zOne and setbacks. By testimony, it is blantantly obvious that he enjoys vast support from the neighbors. Therefore, the granting of the variance will not be detrimental to the Ordinance or the neighborhood. Any sale or transfer of the property outside of the Dufour immediate family will nullify this variance and that the Short EAF shows nO negative impact. Duly adopted this 26th day of September, 1990, by the following vote: AYES: Mr. Sicard, Mrs. Goetz, Mr. Carr, Mr. Shea, Mr. Kelley, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston MR. TURNER-Michael, there's a comment as to part of the motion, there, a transitional use. I think, maybe, the comment ought to say that the uses that are permitted in the CR zOne could not be accommodated on this present piece of property, due to size and restrictions, setbacks. MRS. GOETZ-Yes, because I honestly don't think that it can be deemed a transitional use. MR. SHEA-Okay, that makes more sense. MRS. GOETZ-And I couldn't vote for this, the way it's worded. MR. TURNER-Does that wording sound alright at the end, Karla? MS. CORPUS-Does the Board wish to put any provision, in there, for transfer of the property, for no consideration to Mr. Dufour's immediate family. 52 MRS. GOE TZ - Wha. t ? MS. CORPUS-In other words, does the Board to motion rea.ds, now, I interpret it to mea.n tha.t, by deed, to any member of his family, for nO money, no sale, tha.t the varia.nce would expire. ha.ve this tra.nsfer, the wa.y this even if he tra.nsfers the property, considera.tion, Wlich mea.ns for no Is tha.t the Boa.rd's intent? MR. CARR- No . MRS. GOE TZ -No. MS. CORPUS-Oka.y, does the Board wish me to re-phra.se tha.t for them, in some wa.y? MR. SHEA-Alright, any sa.le or tra.nsfer of this property, outside of the Dufour immedia.te fa.mily will nullify this va.ria.nce. MR. KELLEY-There you go. So, he ca.n do it to his wife or his children a.nd tha.t's it, tha.t's your immedia.te fa.mily, a.ccording to the ta.x people. MRS. GOETZ-Alright, tha.t's a.dded, a.s just sta.ted by Mr. Shea.. MR. DUFOUR-Tha.nk you. MR. TURNER-We've got one more piece of business, before we go. MR. CARR-Two more pieces of business. MR. TURNER-Two more. MRS. GOETZ-John R. Lynch, Va.ria.nce No. 107-1989, ~uld like an extension. This wa.s the Heidelburg Restaura.nt. "Due to the fact tha.t the resta.ura.nt business ha.s experienced a slow down in sa.les during the pa.st year we postponed our extension plans. Now after rea.ssessing our options, we have decided tha.t we would still like to expand. We would a.pprecia.te your considera.tion in gra.nting us a.n extension." )lOTION TO GRANT EXTENSION OF AREA VARIANCE NO. 107-1989 JOHN R. LYNŒ, Introduced by Theodore Turner Who moved for its adoption, seconded by Bruce Ca.rr: For a period of one yea.r. Duly a.dopted this 26th da.y of September, 1990, by the following vote: AYES: Mrs. Goetz, Mr. Carr, Mr. Shea., Mr. Kelley, Mr. Sica.rd, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston MR. TURNER-We have one more piece of business. MR. CARR-They ha.d a.sked me to re-phra.se the Huntz va.ria.nce, that was the guy, Sunnyside, with the ga.ra.ge. MR. TURNER-The la.st meeting, La.ke Sunnyside. CLARIFICATION OF PUVIOUS APPROVAL OF KUNTZ VARIANCE, Introduced by Bruce Ca.rr who moved for its a.doption, seconded by Jeffrey Kelley: Cha.nging the first a.nd second sentence to rea.d a.s follows: The first Area. Variance gra.nted is from the requirement of a. 10 foot dista.nce between structures a.nd the variance given would be for the entire 10 feet. The second va.ria.nce is a va.ria.nce of 2 feet from the 20 foot side line setback. Duly a.dopted this 26th da.y of September, 1990, by the following vote: AYES: Mr. Carr, Mr. Shea, Mr. Kelley, Mr. Sicard, Mr. Turner NOES: NONE ABSENT: Mrs. Eggleston ABSTAINED: Mrs. Goetz 53 ',,- On motion meeting was adjourned. RESPECTFULL Y SUBMITTED, Theodore Turner, Chairman 54 t '" . ~~ Top Notch Propertles~ Inc. ( 0 G V 301 Saratoga Road F i l E \, So. Glens Falls, NY 12803 (518) 793·2552 S!A. tí ;. VARIANCE NO 7)-/51() Dear Sirs, \{~~wr!:)I, \.,. S £ P 181990 ~J1f 4NNING It ZONI'" ,",CCtARTMFN" September 18, 1990 As of this date 9/18/90 Top Notch Properties, Inc. respectfully withdraws it's use variance application #72-1990 CR-15 re: Bob's Aquarium located northwest corner of Main St.& Richardson St. listed for interior remodeling to office space and changing use to an office building/radio station. Top r.operties, Inc. . - TOWN OF QUEENSBURY PlAnning Department -NOTE TO FILE- Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: September 26. 1990 Stuart G. Baker By: x Area Variance Use Variance - Sign Variance == Interpretation Other: SubdiYision: Sketch, _ Preliminary, Site PlaD Rmew - Petition for a CbaDge of Zone - Freshwater Wet1aDd8 Permit Final Application Number: Area Variance No. 69-1990 Applicant'. Name: Burton and Doris Perkins MeetiDg Date: September 26, 1990 ............................................................................................ The applicants wish to remove a block shed on their property and replace it with a two car garage. the criteria in Article connnents: I have reviewed the application in accordance with 10 of the Ordinance, and I have the following I) The applicants currently have a year round residence on the lot. This reasonable use of the property would not be denied by strict application of the Ordinance. The applicant's property is approximately the same width as ether shoreline properties in this neighborhood. 2) A specified practical difficulty caused by the dimensional requirements of the Ordinance must be shown by the applicant. 3) Although the adjoining neighbors to the ap~licant' s property have expressed approval of the variance reauest, future property owners may not approve of such a large garage on a comparatively small lot. The Board should also consider if the granting of this variance could potentially reduce property values in this neighborhood. A specific practical difficulty must be determined before minimal relief can be determined. However» the granting of a I ft. side setback in a zone requiring a minimum of 20 ft. could hardly be considered "minuL'\um". A 12 ft. by 24 ft. one car garage should be Page I of 2 -....---- -- Area Variance No. 69-1990 considered as a viable alternative. Such a reduced width could provide a 13 ft. side setback while st ill allowing maneuvering room for vehic 1es on the north side of the lot. 4) This variance should not adversely affect public services or facilities. All four of these tests must be passed before a variance can be granted. Page 2 of 2 - ------------- -- -_..- --- ~ . - TOWN OF QUEENSBURY pJ:lftfting Department RNOTE TO FILER Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: SeotembeI 26. 1990 Stuart G. Baker By: X Area VariaDce Use VariaDce - Sign VariaDce := Interpretation Other: Subdi.u¡oo: Sketch, _ Pre1imiDary, Site Plan Rmew _ Petition for a ChaDge of Zone Freshwater WetlaDds Permit Final Apptication Number: Area Variance No. 70-1~90 Appticant'. Name: Cathy A. Smith Meeting Date: Sentember 26, 1990 ............................................................................................ The applicant is proposing the removal of the existing 668 sq. ft. ~obi1e home and porch and replace it with a 960 sq. ft. double wide mobile home. The Zoning Administrator has determined that two variances are needed for this project: I) A variance for the expansion of a nonconforming use (as per Section 9.014). 2) A variance frot!t the front setback requirement on Garner Street. Varianc~s are not needed from Richardson Street or the northern property line since the existing setbacks will not change. I have reviewed the application in accordance with the criteria in Article 10 of the Ordinance, and I have the following comments: I) The mobile home on this lot is a 9reexisting nonconforming use. The rest of the properties in the immediate neighborhood have allowable uses for this zone. Strict application of the Ordinance would not deny the applicant the right to continue the existing use, or to replace the æ.obile home with one of the same dimensions. 2) A specific practical difficulty caused by the àir:tensiona1 reauirements of the Ordinance must be found. 3) One of the stated purposes of the CR- 1 5 zone is to encourage "an aesthetically pleasing environment" in transitional neighborhoods. The propos~d mobile home may have a significa.nt visual impact on this neighborhood anà may be materially detrinental to the surrounding properties. Page 1 of 2 The proposed variance from the significantly increase the nonconformity. found before the Board can determine if relief necessary. Area Variance No. 70-1990 front setback on Garner Street will A specific practical difficulty must be the variances requested are the minimum 4) Public facilities and serv~ces would not be affected. SGB/pw Page 2 of 2 "U_.__~·___ ~ . - --- TOWN OF QUEENSBURY PI,.,nning Department -NOTE TO FILE- By: September 25, 1990 John S. Goralski Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: X Area VuiaDce Use Variance - Sign Variance - Interpretation Other: Subdi.ïsioa: Sketch, _ PreJimiDary, Site Plan Rmew - Petition for a Change of Zone - Freshwater WetlaDds Permit FiDal Application Number: Area Variance No. 71-1990 Applicant's Name: Kenneth Piacente MeetiDg Date: September 26, 1990 ............................................................................................ In reviewing this application, it appears that the applicant requires a variance from the shoreline setback, the sideyard setbacks, and Section 9.011 which states, "A single family dwelling or mobile home may be enlarged or rebuilt as follows: A. All setback provisions of this Ordinance shall be met; and B. No enlargement or rebuilding shall exceed an aggregate of fifty percent (50%) of the gross floor area of such single family dwelling or mobile home immediately prior to the commencement of the first enlargement or rebuilding. " The existing structure is 816 sq. ft. and the proposed two story structure will be 1824 sq. ft., exclusive of the decks. This is a very small lot (7,370 sq. ft.). It is impossible to erect a new structure on this site without coming into conflict with the setback requirements of the Ordinance. It does not appear that the size of the lot justifies a 123 percent expansion of the existing structure. In fact, the small lot size makes any increase in the intensity of use or density on this lot unadvisable. If the proposed project will increase the shoreline setback and center the structure on the lot, it will be an improvement. However, the proposed expansion, in terms of square footage, has no relationship to the practical difficulty arising from conditions on the lot. Minimal relief necessary should not include e"'-pansion of the structure by greater than 50 percent. JSG/sed · ..' - TOWN OF QUEENSBURY PlSIInning Department -NOTE TO FILE- Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: September 26. 1990 Stuart G. Baker By: x Area Variance Use Variance - Sign Variance == Interpretation Subdi'rision: Sketch, _ Preliminary, Site Plan Review _ Petition for a Change of Zone Freshwater Wet1aDds Permit Final Other: Appücation Number: Area Variance No. 73-1990 AppUcant's Name: Thomas Babcock Meeting Date: September 26. 1990 ............................................................................................ The applicant is requesting three variances for the proposed 12 ft. by 32 ft. deck: two variances from the required side setback, and a shoreline setback variance. The site plan submitted does not accurately portray the existing conditions on the site. The "existing deck" by the house should be considered a ground level patio supported by the remains of a sTIall rock retainin8 wall. The applicant also has an existing deck on the shoreline, as well as a dock. I have reviewed the application according to the criteria in Article 10, and I have the following co~ents: I) There are no special circumstances applying to this lot which do not also generally apply to the many other undersized shoreline lots on Glen Lake. Strict application of the provisions of the ordinance would not deprive the applicant of reasonable use of the property. (AssessI!'ent records list this home as a year round single family residence.) 2) The applicant must show that strict applice.t ion of the dimensional requirements of the ordinance would result in a specified practical di fficu1ty. Paf,e I of 2 Area Variance No. 73-1990 3) The variance requested appears to conflict with the stated purpose of waterfront residential zoning. Continued encroachment of decks upon the shoreline could damage the visual character of the Glen Lake shoreline. Continued encroachment on the Glen Lake shoreline also contradicts one of the goals of the Comprehensive Land Use Plan: "Restore, protect, and enhance the . visual amenities of . shoreline areas of ponds and lakes." A specific practical difficulty must be found before minimal relief can be determined. 4) Glen Lake, a local public facility, is affected by continued encroachment of development upon its shorelines. SGB/pw . - TOWN OF QUEENSBURY PI~nning Department -NOTE TO FILE- By: September 25, 1990 Lee A. York Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: X Area Variance Use Variance - Sign Variance == Interpretation Other: Subdi~ _ Sketch. _ Preliminary. Si.te Plan Review Petition for a Change of Zone Freshwater WetlaDds Permit Final Application Number: Area Variance No. 74-1990 Applicant's Name: Frank & Faith Nolfi Meeting Date: September 26, 1990 **.............................********..*.................................................. The applicant is requesting relief from the setbacks, lot size and frontage required in the RR-3A zone. The lot is preexisting the 1988 Ordinance and is 176 by 114 square feet. I reviewed this application with regard to Article 10. The tests for a variance are as follows. 1. Are there special conditions applying to this property and not to other properties in the neighborhood. Yes. This a preexisting nonconforming lot of record. The other lots have been built on and do not require special consideration to be used as zoned. 2. Would the strict application of the dimensional requirements of the Ordinance deprive the applicant of reasonable use of the property. The applicant states that there are covenants and deed restrictions which mandate the minimal size of the house. 3. Would the strict application of the dimensional requirements result in a practical difficulty. The lot is ±114 feet wide. The site plan indicates that the applicant has attempted to position the house on the center of the lot. Positioning a house which is required by deeded restrictions to be 2,000 square feet would infringe on any setbacks, unless the house were multistoried. Making the assumption that this is a one story house, the square footage of living area (garage excluded) is 2,564 square feet (scaled using 1 inch = 20 feet). Perhaps a different house design would be less of an infringement. Area Var. No. 74-1990 4. Would the variance be materially detrimental to the purposes of the Ordinance. No. 5. Is this request the minimal relief necessary? The Board may want to advise the applicant to submit alternative housing plans to ascertain if this is the minimal relief. LA Y /sed . - -.-' TOWN OF QUEENSBURY Planning Department -NOTE TO FILE- By: September 25, 1990 John S. Goralski Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: Area VariaDce -X Use Variance - SigD Variance == IDterpretation Subdi.udOD: Sketch. _ PreümiDary, Site Plan Rmew - Petition for a ChaDge of Zone - Freshwater Wet.1aøda Permit FiDal Other: Application Number: Use Variance No. 75-1990 Applicant'. Name: Glens Falls Country Club MeetiDg Date: September 26, 1990 ............................................................................................ It does not appear that the applicant has presented any evidence to meet the tests expressed in items 1 and 2 of Section 1O.040B of the Zoning Ordinance. In addressing item 3, the applicant states that it is necessary to undertake minor expansions to maintain the existing facilities. Maintenance of existing facilities is a property right which is enjoyed by other property owners in the district. These variances would not be detrimental to the neighborhood. In fact, the structures in question cannot be seen from any neighboring properties because of the large setbacks. JSG/sed (fa ~, - TOWN OF QUEENSBURY pt.,nn'Y1IB Department -NOTE TO FILE- Mrs. Lee A. York, Senior Planner Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner Date: September 26, 1990 By: Stuart G. Baker Area Variance -X..- Use Variance Sign Variance == Interpretation Subdi.uïon: Sketch, _ Preliminary, Site Plan Rmew Petition for a Change of Zone Freshwater Wetlands Permit Final Other: Application Number: Use Varianc~ ND. 76-1990 Applicant's Name: Ronald P. Dufour MeetiDg Date: Seotember 26. 1990 ............................................................................................ The applicant is proposing construction of a office and garagE facility on a lot on the corner of DÍJc Avenue and Phillips Aventil'. I have reviewed the application according to the crit~ria in Article 10, and I have the following comments: I) The applicant must show that the use prOV1Slons in Sect ion 4.020 (1) would result in an unnecessary financial hardship. Inability to make a reasonable return on the property for all allowable uses in the CR-15 zone must be shown. The circumstances on this lot are not different from the size and shape of the other lots~in this zone. 2) The applicant must show that the variance is necessary for the preservation of a property right possessed by other property owners in the CR-15 zone. 3) The purpose of the CR-15 zone is to provide a transit iona1 area between residential and highway commercial uses. The proposed use would appear to be more appropriate in a light industrial zone. The Board should determine if the variance request is the minimum necessary to alleviate the specific hardship found. SGB/pw -1 p ~ - _ W'........ TOWN OF QUEENSBURY ~1~~il\tJ1D~~ Bay at Haviland Road, Queensbury, NY 12804-9725-518. 1~~7'~ .. \!I LI.. . S t. Ï" 1;j 1990 ......" ' MEMORANDUM .ANNING . ZONIN' "ePARTMENT FILE coPY TO: ZONING BOARD OF APPEALS FROM: PATRICIA M. COLLARD ¡Jr ZONING ADMINISTRATOR RE: USE VARIANCE 76-1990 RONALD P. DUFOUR DATE: SEPTEMBER 12, 1990 As you may recall, Ron Dufour was permitted one year to relocate his commercial business from Lynn Avenue. That year is upon us and Ron has submitted a site plan for the corner of Phillips and Dix. There is ample space for this structure to meet the required 75' setback from Dix Avenue and to maintain a 50' buffer from the property to the south that is zoned Urban Residential. The parking will have to be relocated. A construction company is a permitted use in a Light Industrial Zone. Therefore, the parking can be calculated per (k) of the parking schedule (page 87), Industrial Use. Dave and I requested this be put on the agenda as the area problems are solvable and this needs to be moved along. jjd "HOME OF NA TURAL BEAUTY. . . A GOOD PLACE TO LIVE" SETTLED 1763 4-~ ~ VARIANCE NO.~ SOUTH QUEßJ'leURY VOLUNTEER FIRE CO., INC. .. (518) 792-8669 · 100 LOWER DIX AVENUE . QUEENSBURY, NEW YORK 12801 September 21, 1990 filE ( U·¡ ::. \! " ' , . ¡,~ r;;4 ) , ~:< \~~~ \ /, . ') tl-' ~ 1990 ,-.''--!o j~ ,. .~~~ , :;"~,'f" ~:~.'i' i 'J ~"; Susan Goetz, Secretary Queensbury Zoning Board of Appeals Queensbury Office Building 531 Bay Road Queensbury, NY 12804-9725 .~NNtNG & ZON.:,· ....cpARTMFtJ... Re: Variance Application of Ronald P. Dufour Variance No. 76-1990 Hearing Date: Wednesday, September 26, 1990 Dear Ms. Goetz: At the request of the above-named applicant, a special meeting of the Board of Directors of the South Queensbury Volunteer Fire Department was held for the specific purpose of reviewing with Mr. Dufour the proposals which he espouses for the property immediately across the street from our facility. The members of the Board are fully familiar with both the location of the property and the prior condition therof. He has significantly improved its appearance and we are strongly in favor of his proposed development of this property. The Board of Directors of the South Queensbury Volunteer Fire Department has authorized me to convey to you its heartfelt and unanimous recommendation for approval of Mr. Dufour's Variance Application. Very truly yours, SO. QUEENSBURY VOLUNTEER FIRE DEPT, By: ~/ ~ ~SEP DUPREY. . ttiEF - . - -1ð: WA ffJemws 7J3í+ CJ ~& /00 ()X 1 . rtcrerJ ~~ ' ~ · , H -/ F ;. _. ;~ (' ~ V l.. '-. ~ ~ .{~rr:~ ? 'è\ \1..7/:..;.} (!. ',-,. ".,! f \~'j. . ...¡"'~'. " .,', - -",' '.~ :, ~t' . i Ii ~ ~ .' ". .,,~ j i ~--.) ~ j " ¡.. '.- .' 1990 '" 1 I. __ I !.,¡ , ,J VARIANCE NO. J 07 - lq r4~~~~~~.,.~~~!:,IÌI '-~ THE HEIDELBERC INN 105 QU^KER RO^D QCEENS8URY. NY 12804 ~ OSIGI 10: ~'::,tLe~ 2cn,'IC¡ -~\ orf~Ls FRcnì' Cþhn R. Lj nch I:f\TE-: ~p1bY\~~ 21, lQ90 ::r lðD\d 1;léE- ---1u eE:qu=~+ cln éX"t&1S'lO\ of ðL~ \lc£1cY~~ No. '07- \q'~cl. J)L-t:... -b 4 h~ ft+ ~ -+h~. /2§S~+ LLiSiC\é§ h% E?<..?Xl&\G:C\ c:l ~ (n ~[éS dUL\I2:f. ~ ~4 Lfw Z ~ fGStP:YìtècJ axz . 8<.~lCIì p~: Na0, ~~ç¡æ l~i0C¡ CU'ZcphcnS) L0E:.. ~é- d~lclt:d ,-Hì~ ~L~:ld st\t\ \l rt:.--Iù S\~cx::l. , '. ~ l..I.llit1 ~JZKl~+~~ C0nstd~-rh Oì '¡r\ gej\<l-t\ 5 os cln E:x.1ens iOì , '~L~QJ, c:::;:.:.;Æ a?~ ~ .__..--,..-~--~ ,;:. ~.