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1991-10-03 o ~EENSIIIRY DING BOARD OF APPEALS SPECIAL JEETING OCTOBER 3RD, 1991 INDEX Use Variance No. 76-1991 Laura Berkey Hickey David H. Hickey 1. 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. ~EENSIIIRY ZONING BOARD OF APPEALS SPECIAL JEETING OCTOBER 3RD, 1991 7:30 P.M. JEÞlERS PRESENT THEODORE TURNER, CHAIRMAN SUSAN GOETZ, SECRETARY JOYCE EGGLESTON BRUCE CARR MICHAEL SHEA CHARLES SICARD ZONING ADMINISTRATOR-PAT CRAYFORD SENIOR PLANNER-LEE YORK STENOGRAPHER-MARIA GAGLIARDI NEIl IIISINESS: USE VARIANCE NO. 76-1991 TYPE: UNLISTED LI-lA LAURA BERKEY HICKEY DAVID H. HICKEY OWNER: DAVID & ROSEMARY RICHARDSON EAGAN ROAD FOR A VARIANCE TO ALLOW A SECOND RESIDENTIAL USE ON A LOT IN A LIGHT INDUSTRIAL ZONE. THERE CURRENTLY IS A tÐBILE HOlE AND BARN ON THE PROPERTY, A SECOND RESIDENCE IS PROPOSED. TAX MP NO. 137-2-9.51 LOT SIZE: 4.04 ACRES SECTION 179-26 SANDY AUSTIN, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Lee A. York, Senior Planner, Use Variance No. 76-1991, Laura Berkey Hickey & David H. Hickey, October 3, 1991, Meeting Date: October 3, 1991 "The request is to allow a second residential unit on a lot in a LI-1A zone. The lot is slightly over 4 acres on Eagan Road. Signage indicates that this portion of Eagan Road is a private road. the Highway Department has indicated that this is not the case. Eagan Road is a Town Road and is maintained by the Town. The property was purchased by the Richardsons in 1976. A portion of it was sold to the Mailles in 1984. The Richardsons' placed a mobile home on the property in 1983. At that time the zoning was SR-30. In 1988 the zoning changed to LI-1A. The properties surrounding the lot have two different zonings. To the east are a number of small lots which are undeveloped vacant land checkerboarded by individuals with the last name of Threw. These lots are zoned SR-1A. North of those small lots and between the Maille property and the Town of Queensbury sand pit is a 3.27 acre parcel owned by Rosemary Threw, and zoned LI-1A. To the north are large parcels owned by D'Ambrosio Textile and Carey's. These parcels are zoned LI-1A. The tax maps indicate that a water and lighting district is within close proximity to the Richardson property. Across Eagan Road are waterfront residential lots which are adjacent to or in the 100 year floodplain. From the mapping done it is obvious that this 1988 change in zoning was done because of the size of the Richardson and Maille lots, the proximity to town service extensions and the obvious Light Industrial uses in the area. The Comprehensive Land Use Plan states that light industrial areas should be maintained where there is access to major highway arterials. This particular light industrial zone is the biggest one in the Town. There are five other LI zones, all others are substantially smaller and to a large extent built out. The applicant's request is to place two residences on a single lot zoned LI. It appears that there are two issues. The first is the placement of two residences on a single lot. This is not usually in the best interest of the property owner or the Town. Should the variance be given, the Board may want to consider having a stipulation that the property be subdivided. The Light Industrial zoning might not be appropriate if further residential development is to occur. The property is more valuable as industrial, but if the desire is to maintain it as residential, consideration should be given to extending the SR-1A zone to include the Maille and Richardson properties. This action would solve the need for variances and protect the residences from industrial encroachment. This application was reviewed with regard to the criteria for a Use Variance: 1. Is a reasonable return possible if the land is used as zoned? The applicant states that the property has been marketed for two years. Proof should be provided. The last two years have seen the economy of this area in a downturn. The Board will have to weigh the evidence provided to determine reasonable return. 2. Are the circumstances of this lot unique and not due to the unreasonableness of the Ordinance? This lot is on a Town Road but in an area where it is less improved than other areas. The lot has existing residential structures and has been used for residential purposes since 1983. 3. Is there an adverse effect on the neighborhood character? No. The neighborhood woul d not be impacted by the residential use of this lot." MS. AUSTIN-Hello. I'm Sandy Austin. I work for Realty World, Marcy Associates, and I'm representing the Richardsons and marketing their property since June of this year. MR. TURNER-Who marketed it before that? 1 MS. AUSTIN-There were several people marketing. First, in '89, the Richardsons marketed it themselves, and then Boyles and then Wharton. MR. CARR-Do you know if any of those other agencies or your own agency had any luck in attracting potential buyers, using it as light industrial? MS. AUSTIN-No, we didn't, sir. MR. CARR-Okay. Do you know of anybody who did? MS. AUSTIN-Not to my knowledge. There was, at that time, which Theresa could better tell you, because I wasn't marketing the property at the time. There was some interest, a few years ago, and, Theresa, would you like to just tell them about that? THERESA RICHARDSON MS. RICHARDSON-I'm Theresa Richardson, daughter of the owners of the property. At one point, a Mr. Don Kruger was interested in the property for commercial use, only contingent upon the fact that he purchase another pi ece of property in the area on which to bun d hi s home. That pi ece of property sold. He, therefore, no longer wanted ours. That's the only offer we've had at all. MR. CARR-And it has been marketed, for the past two years, as commercial property? MS. AUSTIN-Yes. What first became of the property was Pyramid Corporation came in, in 1989. They were going to construct a ma11, put an offer on the table to purchase the property. The day we were to sign their contract, they scrapped their project. It's been on the market since January of '89, and due to the fact that it doesn't have access to the main highway, that has been the problem, and it is a lovely area for a home because that's very country. So, we have had more interest to be privately used. MR. SHEA-What was the reason for selling the property initially? MS. RICHARDSON-We have had horses in there since 1976. Origina11y, when we bought the property, it was 10 acres or as many horses as you wanted on the property. My parents, due to financial hardships, had to sel1 off part of the land, in 1984, to the Mai1le's, at which time, there was a Town Board meeting. No one explained to my parents, at the time, and they knew that we had horses, that they would lose their grandfathering rights for having horses there. We now have neighbors who disapprove of the horses, and we just want to get the horses out. We certainly don't want to lose the horses. So, it's simply, we'll move them and move ourselves at the same time. MR. SHEA-What do you do with the horses? MS. RICHARDSON-What do we do with them? MR. SHEA-Yes. Any commercial use for them? MS. RICHARDSON-No. They're used for pleasure, and we ride them at the rodeos. MR. SHEA-Okay. MARION MARCY MRS. MARCY-Hi. I'm Marion Marcy and 1'm the broker at Realty World, Marcy Associates. In my opinion, the property, we have approached the Carey Company to see if Mr. Carey, if he was interested in purchasing the property. He has no interest whatsoever, and that would be the only light industrial access, you know, property that would be adjacent to it, no interest there whatsoever. He said the times were too bad right now and he just couldn't get into spending that kind of money at this point in time. The other situation, if you drove out and looked at it, I don't know how many of you have seen that property, but coming directly into it is Mr. Threw's lots and it's a11 residential, right up to the point that you get to Mr. Mai1le's property right there, which isn't a particularly large parcel in the front, and then you've got the Richardson's property. So, almost all the way, you know, all the entrance into it is a country wooded lot area and it's all zoned residential. To get a business in there is almost going to be impossible. MS. RICHARDSON-Sandy, didn't you have someone who was interested in the property, but due to the fact that they would have to drive by residences with their trucks, they didn't want it, because that's the only access to the property. We're at a dead end road. MR. CARR-The only access from Light Industrial would be through Mr. Carey's property, and he's not interested. Is that correct? 2 MS. AUSTIN-Exactly. I did approach their neighbor, Mr. Maille, and he, at the time, wasn't really interested in purchasing it either, because I thought, since he 1 ived right next door, he might have some interest. So, there really wasn't any. MS. RICHARDSON-And we also did approach Mr. Threw, because he has a narrow thread in the back that woul d connect to hi s parcel, and he wasn't interested either. I do have a letter that I was asked to read to the Board. This was faxed to me by Jerome Lapham, who owns a neighboring parcel, and I'll read his letter and then give it to you for reference. "To Whom It May Concern: I am writing in respect to a variance being asked for which would allow the placement of a modular home on the lands of Richardson. This land is off Eagan Road in the Town of Queensbury. I understand that this land is now zoned Light Industrial. My family has owned land in the area for 25 years. Our land borders on the Hudson River where we have a camp and also on the Richardson property. We all have many happy memories of the area and have found it to be a peaceful place to live and pleasant. With some dismay, we recently learned that the Richardson's property, as well as a parcel owned by my mother, was zoned Light Industrial. This area is, simply put, a residential area. At present, there is no light industry on Eagan Road, or if there is, it is not very visible. Our family is very much in favor of this variance. We have no objection to siting a home on the land in question. Furthermore, we prefer residential neighbors to trucking firms or whatever. There is plenty of land to support a home, and there have been no problems with the Richardson residence, which has been in place for many years. Granting this variance will preserve the rural residential character of this neighborhood a bit longer. Perhaps one of the younger members of my family may ask for a similar variance in the future. I ask you to favorably consider this variance. Jerome Lapham" And his mother, Gladys, is here, tonight. MR. TURNER-Question. Did your parents ever approach the Town Board and request that property be re-zoned to residential? MS. RICHARDSON-No, we did not, and the reason being for that, we thought that we, in the outset of this, could expect a reasonable return as light industrial. We've been told that it would be more valuable that way. We've just found it impossible to sell as light industrial. MR. CARR-So, your primary marketing had been as light industrial? MS. RICHARDSON-Yes. We had been marketing it as light industrial. In fact, when the property first went on the market, it was appraised, and we were advised by Wharton, to list it for $250,000. MR. CARR-Mr. and Mrs. Hickey, do you know, are they going to use the property strictly as residential property? MS. RICHARDSON-To the best of my knowledge. Their Power of Attorney, Mr. Altare, is here tonight. They live in New York City, but he does have Power of Attorney, and can speak for them. GAETANO ALTARE MR. ALTARE-My name is Gaetano Altare. I represent David Hickey and Laura Berkey Hickey. The Hickey's strictly want to use it for residential. They have plans on moving to the Queensbury area, but not for another four and a half to five years, at Mr. Hickey's retirement. Mrs. Hickey is a professional dental hygienist, and Mr. Hickey works for the Transit Authority. He has retirement coming up in about four and a half years. What he wants to use it as a second residence. He comes up here about six times a year, now, and it would just be the right market time, because it's what he's been looking for, in a rural area. He has some, little countryside. He's looking for a country setting. He has three young children and he wants them to grow up in the Town of Queensbury. He is also my brother-in-law. It is the perfect setting, and I, myself, have an advantage in this, an interest in this. I'll be living in the trailer that's presently on the premises, as a caretaker. I am also moving into the property, and this is the purpose of doing it, to take care of it, to keep it going, and also, I am handicapped. I am on total disability. I've been that way for the 1 ast 19 years. I'm currently just getting myself back into shape, and this is a chance for all of us to live together, our family to stay together, and it's our chance to have a home of our own, the brother and sister, David, and my wife Mary have been very close, except the separation, and, if it matters, David is a three time wounded veteran of the the Vietnam War, and I know that takes no place, but I just think he deserves the right to try and have a place to live and enjoy himself. We have been looking at this for many years. This is not a property we've just seen. We have been down there looking and we have talked with Mr. Threw about property that he had, and this property is perfect. We feel we can only be an advantage to the community. I know Mr. Maille who is the neighbor. I know most of the neighbors in the area. I deliver their Post Star, by the way, and have been doing that for seven years. My wife and I, if you want to say, and my children, we've been taking turns making the deliveries in the area. I know most of the residents up and down the street. None of them seem to have an objection. Again, we could only help the property. We don't feel we would hurt it in any way. We are willing to meet all the necessary requirements by the Zoning Board or the Building and Codes in every way possible, and the only reason the word "modular" is being used is because it's the quickest method of bringing a home in there, and, unfortunately, economics the way they are, it costs quite a lot to spend a week at a time, and quite a few times a year to stay in hotels. So, it would be beneficial, financially, to David and Laura Hickey, to buy it now and place the second home on there for themselves to live in, and then, eventually, either the modular would go and a stick home would up, whichever way it is, but they want it to be 3 --' a beautiful home. This is going to be their home for the future. It's the community that they want their children to grow up and be raised in, and they've been looking at that for many years. MR. TURNER-You stated you looked had at that property for a long time. How long have you been looking at it? MR. ALTARE-About a year and a half now, that I, personally, have been taking them. I've been looking at the property, probably, for five and a half, six years, indirectly hoping, you know, wow, this would be the dream place, and they've been coming up for that many years. MR. TURNER-When did they generate an interest in it? MR. ALTARE-About a year ago, and, at that time, we weren't sure of the Ordinances at that time. Also, the price was untouchable, for what we've seen in the area. It was just, you know, unfeasible. Now there have been other places that we have looked at, but what they're looking for, they live in New York City right now, and that's country. Queensbury has the unique thing, it really is. It's beautiful. It has every convenience of a large city, but it also has the country that we, and the Hickeys, really want, a chance to grow up and have their children enjoy nature, and I feel that's there too, and I really feel the industrial part of it, if you've ever been down to Eagan Road, you'd see the difference. It's the place, I go there every morning, and I'm on that road anywhere from 4:30 until 6 a.m. in the morning, different days, varying on when the newspaper comes out. That's still one of the few places you can see deer. You can see fox. You can see all kinds of animals walk across the road. It's a peaceful, rural, country setting I could even say, and I really think it would be a mistake to put an industry in there. A home in there would be beautiful. It would be beneficial. MR. SHEA-But it is zoned, as you go down through there, it is zoned light industry, and that will, in time, change. MR. ALTARE-I think if you really look at it, isn't the Town, in the Master Plan of the Town's recreation, of Queensbury's Recreation Department, wetlands located about 1,000 yards to the west, I believe, and maybe I'm wrong in with my direction, has been proposed as a future wetland park, with the natural trails that were set up by the four wheelers and bicycles and things that have ridden through there for years. There is a swamp area. The grading, the hilling of the area, Mr. Carey, there's a reason he doesn't want it, I'm sure. I can't speak for Mr. Carey, but Mr. Threw is here, too. He could tell you. That's not an easy place to develop. I don't think it ever will be. The park is the ideal place for it because of that. Trucks just won't be. If you've seen, I'm sure you have. If you've read the Master Plan of the Parks Department, it shows the narrow, dirt roads that wind in the area would have to stay that way. MR. SHEA-You speak so highly and favorably of the area in it's present state. I just didn't want you to be disillusioned, because a good deal of it is zoned for other uses, and those uses will be developed as time goes on. MR. ALTARE-I realize that. I think by adding a home there, though, that would not stop the development to where it's planned for, and it would still keep the benefits in the area to stay. If I'm not mi staken, under the 1 i ght industry, wi th the 50 foot buffer zone that Mr. Carey woul d 1 eave, and I believe that is part of the regulations, that 50 foot buffer zone, all that would mean, in the changing of the light industry, if Mr. Carey even bought it, is to move that buffer zone up about another 50 foot forward, which would gain him, of the property, only about 50 more feet, because the angle of the property is so unique, if you see the angle of it, Mr. Carey's land coming up would, there's probably 160 feet at the widest point. There's maybe 80 feet at the narrow point on the western border line, and to move this buffer zone up, even, is all he could do. He would only be gaining 50 feet of the property by buying the whole piece of property, and to not allow someone to be a resident, and to gain, well, it would be five, I feel, outstanding citizens of the community who have proven themselves down in New York City, now, and I'm sure they will prove themselves here, would be a shame, and it would not be beneficial to the Town. I really feel it would be an asset to have them in the community. MR. SICARD-How far away are you from Mr. Carey's development? MR. ALTARE-We would be approximately the length of Mr. Maille's property, which would be, I'm sorry, from Mr. Carey's development now? MR. SICARD-Yes. MR. ALTARE-His proposed development, we would be right at his buffer zone. MR. SICARD-No, but he has a development in there, at the present time, with the roads and everything are all in there. MR. ALTARE-Okay. We are approximately over 1,000 yards away from that, or more. That development road, Carey Road, for instance, if we're discussing Carey Road, Carey Road is quite a ways up. Probably the equal of Eagan Road. I've never measured it off. MR. SICARD-Away from your property? 4 MR. ALTARE-Away from our property, yes, sir. MR. SICARD-It's that far? MR. ALTARE-Yes. There are three sandpits invo1ved, including the sandpit that the Town gets its sand from, off of Big Bay Road. MR. SICARD-Well, that has nothing to do with your property and the Carey property. The sandpit has nothing to do with that. MR. ALTARE-Well, Carey owns part of it. It goes into that section. MR. SICARD-Very 1itt1e. MS. RICHARDSON-What Mr. AHare's referring to is there are, not the Town sandpits. There are severa1 sand gu11eys behind the woods behind the Carey property. MR. SICARD-Yes. I understand that, but I'm ta1king about the c10sest point between Carey deve10pment and your, this property. MR. ALTARE-I'd be wnling to bet I would not be wrong saying it's a haH a mile. Driving up in the past, years ago, I used to take a four wheeler up where it's mapped as Eagan Road, on the old Queensbury maps, the dirt road of it, and it's a good haH a mile up, before you reach where Carey Road comes in. MR. SICARD-Of course, you understand, they've spent considerab1e money in there, a1ready, and that's going to be a rea1 deve1opment, there's no question about it. MR. ALTARE-No doubt about that. MR. SICARD-The power's in there. The water's in there, and everything. MR. ALTARE-And that wou1d be an asset to the community, as far as industria1. I'm strong1y in favor of that, but what I'm suggesting is that the Eagan Road entrance would not be a benefit at a11. MR. SICARD-I understand that, but I understand, probab1y, that there'll be some, possib1y, very used peop1e in there, like Niagra Mohawk was thinking of going in there, and there's going to be a 10t of activity in there, there's no question about it. They're ho1ding off for the signs of our times, but for the mnlions of dollars that they've spent already, I'm sure that that's going to be a pretty busy area, and it probab1y wi11 be pretty rough in there to 1ive pretty c10se to it. That's what I'm thinking about, and these peop1e that have zoned this, whoever zoned this a few years back, were probab1y 100king at that area to be light industrial. We don't have a 10t of 1ight industria1 in the area. MR. ALTARE-But, if you did that, we'd have to a1so be ta1king of a11 the re-zoning that was just made for Mr. Threw that enters Eagan Road. MR. SICARD-Mr. who? MR. ALTARE-Mr. Bn1 Threw. The wh01e entrance on the south and the north side of Eagan Road is and was just recently re-zoned residential. MR. SICARD-We11, I understand that, but I'm looking at the zoning the way it is today. MR. ALTARE-The way it is tOday. MR. SICARD-That's right, not to change anything we've got in that area. MR. ALTARE-It's zoned residential. Right, but if you notice, there is over 1250 feet of industrial zoning. That's just, that's rough estimate to Mr. Mai11e's property, and it's a11 residentia1. MR. SICARD-We11, that was zoned before. MR. ALTARE-But it's zoned that way now. These are being deve10ped. Mr. Threw is developing homes in there. He's se11ing those 10ts out as three quarter acre 10ts and se11ing them for homes. MR. SICARD-He's using the zoning the way it is tOday. MR. ALTARE-Right. In other words, if it was re-zoned industrial? MR. SICARD-No. I didn't say anything about that. I'm saying the existing zoning that we have. 5 MR. ALTARE-The existing zoning now is appropriate for Mr. Carey's side, and it's appropriate, I'm not looking for a change in the zoning. If that would occur, it would be beneficial to us, because we wouldn't need the variances. There's no doubt about that, but I'm not looking to change Mr. Maille's chances. MR. SICARD-He's not asking for it either. MR. ALTARE-No, I understand that. That would probably be the solving problem, I'll be honest with you. MR. SICARD-Well, lets not take probably. Lets do it the way it is today. MR. ALTARE-The way it is today, it would be a benefit only to myself and the Hickeys to be allowed to put another home in industrial zoning. MR. SICARD-Thank you very much. MS. AUSTIN-May I say something. As the listing and selling agent, I listed the property and hope to sell it, the entrance to Eagan Road, okay, all that's residential until you hit Mr. Maille's house, okay, and that's light industrial. So, the problem is that people who have heavy equipment going in there and going out of there, people, they don't want to go by a bunch of residential homes, and I wouldn't to, if I lived in a residential area, have all this heavy equipment going in and out. You see, that's why, it was listed as light industrial, at the time that the Hickeys put an offer in on it, but, like I said, there's only two pieces light industrial, and I did approach everybody that I thought would have any interest in it, which would be Mr. Carey and Mr. Maille, and they didn't seem to have any interest in it at the time. They didn't want to put in an offer so, everybody else that I did show, wasn't very few, they didn't feel it was light industrial, even though I know it is zoned, and I'm not saying that, but I'm saying the use, do you see what I'm saying. Somebody that wanted a small business didn't want to go in and out of residential, you know, it's going to be all residential there, as it's zoned right now. MR. SHEA-Is Mr. Maille's property, at the present time, used for anything other than residential? MR. ALTARE-No. It's residential. It's strictly residential. The road, by the way, is, the entrance to Mr. Maille's, from the front of Mr. Maille's property and the road through the Richardson's property is deeded in the land, and although maybe the Town suggests it's a Town road, that road runs within the boundary lines of the property itself. The property overshoots the road anywhere from six to twenty feet on different sides. MR. SICARD-Do you have a map of that? MR. ALTARE-Yes. I have a partial map. MS. RICHARDSON-It is a Town maintained road, just to clarify that. The Town has been plowing that road for, probably, 10 years. MR. ALTARE-The Town just paved it this year, by the way, and they paved it only to the foot of Mr. Maille's property. MS. RICHARDSON-That's correct. They widened it and paved it. MR. ALTARE-Right at the beginning of Mr. Maille's property, the Town stopped its paving. MR. SHEA-Why is that? MRS. YORK-Mr. Maille, would you like me to address that? My understanding, at this point in time, is Mr. Maille has deeded that section of the road to the Town of Queensbury. Beyond that, it is a road of record that the Town has maintained for a number of years and, therefore, is considered a Town road because it has been maintained by the Town, and it circles back out, onto Corinth Road. JOE MAILLE MR. MAILLE-I have to correct you. I did not deed the road to the Town, Mr. Threw did. MRS. YORK-Mr. Threw. I'm sorry, Mr. Threw, excuse me. Okay. Would you clarify that, please, because my understanding is that it is a Town road. MS. RICHARDSON-We did, just to the interest of the Town, in trying to sell this as a light industrial property, we did have a meeting with Steve Borgos and Paul Dusek, in which meeting I stated to them, you guys were light industrial. You've widened the road. You've paved it, until Joe's house. We're light industrial. We want the road widened and paved through our property, and Joe was with that as well, and also the Town ran a water line in, unbeknownst to us, other than it's the way the water district's 6 -- are laid out, they ran that in nearly a quarter of a mi!e and stopped before the first house. No one has access to that town water !ine. I be!ieve our argument to the Town was Joe said he would deed the road to the Town, in order that they cou!d widen and pave it, if we could have town water. Our property is between two water districts. The road is not improved or paved, and they will not do so, because they, we'!! deed ours, but they won't skip Joe's and do ours. So, we did attempt to get them to improve the road and a!so to give us town water. MRS. GOETZ-Mr. AHare, I just wanted to point something out to you, just so you aren't disappointed later. You're probab!y reading this portion about a 50 foot buffer shan be required when adjoining resi dential and commerci a! zones, and there's a di fference between resi denti al use and resi denti al zone. So, that buffer zone is not going to be required, and I think it's something that you should be aware of. That1s an important point, when you're Jiving next to !ight industria!. MR. ALTARE-I didn't want to bring this up, I don't know if this will effect it, but Mr. Hickey is going to retire in five years. He's going to need another business. Now, one of the reasons of leaving it and not coming to the Town Board in the first p!ace and ta!king with Mr. Maine of saying, Jets change, Jets try to get a zone change, to make it a residentia!, was the fact that, four of five years from now, Mr. Hickey may figure out when he retires that we can make a business of it, of some kind, depending on what happens, with the hopes that, five years from now, if that development center goes, there are a number of things, and if you need some suggestions on it, which have been an papered in the back of the minds, which nothing can even be reany considered until we see what happens in the future, a restaurant or any kind of business, a !ight industria! business of !ight manufacturing of storage of property, storage of equipment, anything could happen to that property. That's another reason for a modular, something that cou!d be removed from the property, if it had to go back to industria! and it went that way, but for now, it's a!so a starting point for the famny to move back up there, and if it's undeveloped and stays that way, it would be fine and a wonderfu! and beautifu! residentia! area. If the Town decides to keep it residential, that wou!d be beneficia! and everything cou!d stay. If the Town decides that industry is the thing and industry is moving there and industria! deve!opments f!ourish, that wou!d be fine. Then that cou!d turn right back into industria! property as zoned. MR. SICARD-That's what it is now. MR. ALTARE-Yes, right, but what I mean is that the Hickeys cou!d take advantage of that, too, as an industry, and we have another businessman in the community, another tax incentive in the community. MR. TURNER-So, I guess what you1re saying, then, is, you want to !eave it light industria!, as it is, but you're still going to proceed with the variance? MR. ALTARE-Right. We need two residences. We need to have two fami!ies there. We want to house another famny. We fee!, financiany, it's a financial burden to the Hickeys to have to keep spending the money for mote!s, at the same time of using their equity. MRS. GOETZ-Unfortunately, that's not criteria for granting a use variance, and we have that burden upon us. MR. ALTARE-A!so, I need a p!ace to live. I rent a house. but my landlord is looking to sen it. I cannot buy it. a home. My brother-in-!aw is giving me a home. I've been renting a house for nine years, Being on disabi!ity, I can't afford to buy MRS. GOETZ-We're sympathetic to things !ike that, but, you see, there's certain criteria that we have to go by for granting a use variance, just so that you understand that. MR. ALTARE-I do, and I appreciate it, and I we!come the opportunity to be accepted, but I cannot see, with the development of the area p!an and the residentia!-ness of that area down there, and Mr. Carey's admitting that he has no reason to use it, there is no way, in and out, can I speak, there was an artic!e, not !ong ago, when Bin Threw first projected to put his property, and to take over that property and put a deve! opment, there was a strong argument against him because of the traffic that wou!d be generated up and down the road, with the industrial properties above him, to the north, and residences being down, wou!d give extra high use to the area and it was strong!y recommended that he would not be anowed to put a residence in, but then it changed and he was granted the residence. He gave the road to the town. He was given, the residentia! variances were given to Mr. Threw, why not the other two properties? Why more than three quarters of the road? MS. RICHARDSON-If I could just interrupt for a minute. I think the Town Board now funy understands the situation. If they have anymore questions as to the criteria and not to the persona! aspects, I'd !ike to try to answer those. MR. SHEA-I think you have to, as Mrs. Goetz pointed out, I think it wou!d benefit us in making a prudent decision if you cou!d address the economic hardship, because I have to ten you that I am certain!y leaning toward the side that says that area, because of the entrance being !arge!y residentia!, certainly, it, in an like!ihood, with the access as avanable at the present time, wn! not deve!op in to !ight industria!, even though it's zoned for that. So, therefore, in my mind, I could probab!y be leaning 7 towards a variance for residential use. However, when Gaetano tells me that he's flip flopping and not sure which way he's going to go and what the use is going to be, our job here at the Board is to uphold the Ordinances as they were laid out by the Town Planners, so they do not conflict with those interests except for an extraordinary circumstance. The extraordinary circumstance, here, is an economic hardship, not the flexibility that it would afford the Hickeys, of going either residential or light industrial at some point in the future. MS. RICHARDSON-Certainly, and that was our understanding, that he was just applying for a residence. I mean, that was news to us. MR. ALTARE-It's the economic hardships to the Hickeys. The Hickeys cannot afford this property for the next four years. MR. SHEA-I think someone has to address that to us. MS. RICHARDSON-Address the hardship of my parents as owners of the property? MR. CARR-The Hickeys hardship, economic hardship, has nothing to do with this application. MS. RICHARDSON-Okay. As to my parents property, as I previously stated, we were advised by Wharton to list it for $250,000. Naive as we are in real estate, we did that. $250,000 sounded wonderful to us. Realty World then came in. They did Comp Studies, which had never been done on our property. They came back and said, a more realistic price is $79,500. That was a drop in the bucket to us, from $250,000 to $79,500. We're interested in just moving on with our lives and getting the horses out of the Town of Queensbury. We're trying to sell our property. We've listed it for two years. It hasn't sold. We certainly can't reduce our price much more. MR. SHEA-Getting back to my earlier question, why, precisely, is your family moving? Why do you want to sell that property and move? MS. RICHARDSON-We are moving because we have things that we'd like to pursue, such as beginning a horse farm, which cannot be done on that property. MR. SHEA-Okay. MRS. CRAYFORD-May I say something? They're in viol ation of the Ordinance, right now, with the number of horses they have. MR. TURNER-Yes. MRS. CRAYFORD-So, if they don't sell, then I have to start action. MR. SHEA-Well, that's a very good point and something that we really have to consider. Thank you. MRS. YORK-How many horses can they have? MRS. CRAYFORD- They've got four acres, so they coul d have two acres per horse, so, eight, eight horses. MR. TURNER-Okay. Let me open the public hearing and lets get the public input. PUBLIC HEARING OPENED MRS. MARCY-I wasn't really prepared to be here tonight to go over all this, but Mr. Shea brought up the question of the hardship in regard to the Richardsons, and I've been in the field of real estate here in this Town, now, for 13 years. I do not perceive this property, if Mr. Carey is not interested in it and Mr. Maille doesn't want to purchase it, being utilized in any way, shape, or form for a light industrial property. It just isn't done, and if you took a ride out there and truly saw the serenity that is out there and how narrow the road is that comes in there through Mr. Threw's property, you would realize it really should be a residential property. There's no two ways about it. I can understand why the zoning was backing up to the light industrial from Corinth Road, but if Mr. Carey has no interest in it, then the Richardsons are more or less stuck at this point in time. MR. SHEA-It is a winding road going in there. It really is, like I said to the Chairman, it appears to be a residential road going in, not an industrial road. MRS. MARCY-Absolutely. There's no two ways about it. It's beautiful going in there. MR. TURNER-I'd agree, right now, that it's zoned wrong, all right. I think they should petition the Town Board and have it changed back to residential, then it stays residential. You can't flip flop. MRS. MARCY-I understand that. 8 JOE MAILLE MR. MAILLE-I'm Joe Mai1le. I'm the owner of the property next to the Richardsons. Myself, I would rather see a house, okay, bui1t on that property, than have somebody build a garage, which I own, or another logging business, since it's all residential and that would put me in the middle and I have seven acres there. I would rather see a house, but I put $100,000 or more into my property since I've been there, but I don't want to see a $20,000 next to me. I mean, is this going to be a mobile home, a double wide home, a modular home? I haven't seen any plans of what kind of house it's going to be. I don't even know the people. I don't know if that helps or if it doesn't help, but it is zoned wrong if you're going to have residential down there, okay, and we've got residential on the other side, and as far as the road goes, we'll take care of that later. I don't know if you people have been down there. I've spent a lot of money in there. As far as the property being next door, I am interested in buying it, but not at that price. I had given them an offer, what, three years ago. MS. RICHARDSON-Of $50,000, sUbstantially less than what we're selling it for. MR. MAILLE-Right. If the mobile home had to move, just the property alone. BRENDA STEVENS MRS. STEVENS-My name is Brenda Stevens and I own property on the river in that area and I was just wondering if Joe had applied to have his property changed back to residential, which it should have been to begin with? I mean, when they first re-zoned these places, they didn't even know we existed. They zoned the whole thing light industrial and there's eight camps down there, and they didn't even know we existed. MR. MAILLE-Probably the answer to her question is, in their eyes, light industrial is worth a lot of money, okay, and, in my eyes, is it or isn't it depends on the area where it is. It is exposed. You can't really get down in there. It would be good for a junk yard, because then you won't have the traffic. You won't have the people, but what else is it good for, and my point and their point is, it's light industrial. So, they thought it was worth a lot of money, and that's why they wanted $250,000, or whatever they wanted for it. MR. SICARD-Joe, in that configuration down there, and I'm familiar with it, isn't there a possibility that Eagan Road will, sometime, join the paved road in there? MR. MAILLE-You mean, coming off Big Bay Road? MR. SICARD-Yes. MR. MAILLE-I really don't know. Bill owns a pretty good parcel in there, and then Pro Craft. MR. SICARD-Either the Big Bay Road or the Corinth Road. Of course, that Carey Road goes back out to the Corinth Road. MR. MAILLE-I don't know if Carey would go down through there or not. MRS. STEVENS-We were told, at the time, that it would not connect with Carey Road. MR. MAILLE-I couldn't answer that. I really don't know. MR. SICARD-Who owns that land, now then between the Carey property and, really, the Eagan Road, where it'll end up in 1999, probably? MR. MAILLE-Who owns it? MR. SICARD-Who owns the property in between, like, the other side of? MR. MAILLE-Mrs. Lapham owns a good chunk in there, I guess, in between the two, and then Tom Atkins, I don't know if you come up that far or not? THOMAS ATKINS MR. ATKINS-Yes. MR. SICARD-I just, when they started to build that paved road, Carey Road, I thought at that time that they would ultimately join with the Eagan Road, because it just seemed a natural thing to do, to have a better ingress and egress, industrially speaking. MR. MAILLE-Charlie, if that was the case, that property would be worth a lot of money, because it would be a straight road from Corinth Road to Big Bay Road. 9 MR. SICARD-Well, don't you think, looking down the road a little bit, of course, that Carey Road is going to go someday, there's no question about it. Anybody that wants to get into business today, with the conditions the way they are, certainly are not going to move, but he's got a lot of money tied up there, and the telephone's in there, and the power's in there and the water's in there, drainage and everything's all in there. MR. SHEA-Well, then you're supporting the economic hardship, because they may not be able to wait that long. MR. SICARD-I understand that. I'm looking to see what's going to happen in the immediate future, that's all. MR. ATKINS-My name's Thomas Atkins. MR. TURNER-Where do you live, Mr. Atkins? MR. ATKINS-Right off Eagan Road, down on, right on the river next to Brenda. I can tell you how the property was zoned light industrial is because the Town Board made a mistake. We were living here at the time that they re-zoned it, and I came up and looked at the map, and they had the light industrial right down to the river, and I informed them that there was a slight problem, in that there were, like, six people who lived there and they said they didn't know anything about that, and I told them the tax people sure knew about it, because we got notified of that once a year. So, all the people down there wrote letters and they just made us residential. The Richardsons called Mrs. Walter. She said she would take care of it, and low and behold, when the map came out, she didn't take care of it. Personally, my wife and I, I mean, we've lived there 14 years, and I have no objections to them having the house, if the fence comes down and the horses go. That's been my big bugaboo over that, but, personally, I believe it should be residential. I can't see how anybody is going to come in there, but with the Carey property, every time they've notified us about an expansion of it, I have contacted, personally, the developer, the engineer, and been assured that they would never come to Eagan Road. It would always be out to the Corinth Road, and if he changed that in the middle, then we've been suckered all along to agreeing to Carey's movements. MR. SICARD-Thank you. BILL THREW MR. THREW-I'm Bill Threw and my wife and I own most of the land down there, and we were trying to keep it residential. We've got a lot of lots on Eagan Road right now. We're still not going to sell them, as somebody has been saying we're going to sell all this land. We are not. We like it the way it is. As far as the Richardsons property, I'd like to see it residential myself. It could be light industrial. As far as the road going from Eagan Road all the way out to the Corinth Road, there is still a possibility of that, because the way the deeds are all written and the way we acquired the property. It may not happen, but it coul d happen. There coul d be a road continuous all the way to the Corinth Road. There is a doubt about the ownership of the road from where I have deeded it to the Town of Queensbury, and from there to the Richardson property. There is a question on the road. MR. TURNER-If the road, if Eagan Road went to Corinth Road, what would be the distance between Eagan Road and the Carey Road? MR. THREW-Carey property borders right on Richardsons property. I don't know what the distance is. You may have the map in front of you, from my property across Maille's and Richardson's. There is still a right-of-way all the way to the Corinth Road out there. MR. SICARD-He owns all the way to the Corinth Road, does he? MR. THREW-Yes. To clear up some other things on that, I have not changed the zoning. The zoning that I have got right there is what I've lived with, is what I've developed, what was already there. I have not changed any zoning on my property. MRS. EGGLESTON-When did you purchase your property? MR. THREW-1985, I think it was. MRS. EGGLESTON-1985? MR. THREW-Yes. MRS. GOETZ-Would you rather see that be re-zoned by the Town Board, because that way, you would have to have the 50 foot buffer zone requirement between light industrial zone and residential zone? MR. THREW-I've got no problems with a single family dwelling there. I can't see how the Board can allow two family dwellings on that property as a light industrial, the way it is right now. I don't see how you can do that. I have no problems with one family dwelling in there. I think it can go either way. I think it's appropriate to use either way. 10 MRS. GOETZ-But do you think it's better to go to re-zoning by Town Board, because you're an ex-P1anning Board member. You must have some insight on this. MR. THREW-I know. I know right now that Carey can go within 30 feet of that property. MR. TURNER-Don't you think the proper approach is to re-zone it to residential, since the rest of it's residentia1? MR. THREW-If you do, then, I don't think that their map, the way they've got it, that they can put their stuff in the way they can. They'd have to come back on the property further, wou1dn't they? MR. TURNER-We11, they cou1d, they've got four acres. MRS. YORK-The way the Zoning Ordinance reads is. MR. TURNER-If it was SR-1 Acre. MRS. YORK-Right, that the SR-1 Acre people wou1d have to, then, keep the 50 foot buffer on their property. MR. TURNER-Then you'd have protection from the industria1. MR. THREW-Yes, but what density are you going to put it in if you go to residential? MR. TURNER-SR-1 Acre. If they re-zoned it SR-1 Acre, it wou1d be one acre lots. MR. THREW-The same as the rest of the area. I think that's what we are now. We're Lakefront and One Acre. MRS. GOETZ-Waterfront Residentia1. MR. THREW-Yes. MRS. GOETZ-It just seems like, to look at it and p1an it the best way you can is to afford the peop1e 1iving there protection from the 1ight industrial use and zone. MR. THREW-Right, but can you do that now? Jack Carey has got this in. He has a1ready got his approva1s. He on1y has to stay 30 feet from this Jight industria1. How can you affect that. If you change the zoning after he has his approva1s, what can you do about that. MRS. GOETZ-Is that the site p1an? MR. THREW-He has, a1ready, his approvals, and he on1y has to stay 30 feet away. How can you change that? MRS. YORK-That's right. The residentia1 use, if it were re-zoned, would have to maintain the 50 foot buffer. MRS. GOETZ-So, it would change the 30 feet that he's mentioning? MRS. YORK-Right. It wou1d be from the 1ine, from the mutua11y adjoining 1ine. The residentia1 zone would have to, now, maintain the 50 foot buffer from the 1ight industria1 zone. MR. CARR-Norma11y, it's the 1ight industria1 zone that maintains the buffer, isn't it? MRS. YORK-We11, it's not norma11y. It's in any circumstance 1ike this. MR. CARR-No, I mean, in a norma1 situation, when a Jight industrial zone abuts a residentia1, don't they have to keep the 50 feet? MRS. YORK-A Jight industrial or a commercia1 zone abuts a residentia1 zone, yes, they must maintain the 50 foot buffer. MR. THREW-But he has a1ready got an approved subdivision that says he only has to stay 30 feet from this property. So, how can you change that? MR. CARR-You can't. MRS. EGGLESTON-Is that right? MRS. YORK-You're right. You can't. MR. TURNER-Yes, if that's stipulated, no, but 30's better than nothing. 11 MR. THREW-Yes. I was on the Planning Board when he got this approval and I emphatica11y said, this is what's going to happen behind you, and they said they didn't care. They wanted it anyway, and I want to make that sure. MRS. EGGLESTON-But the road in from Big Bay to Joe's house is residential? MR. THREW-Right. MRS. EGGLESTON-It was and is. MR. THREW-It always has been. MRS. EGGLESTON-And there wasn't any change? You didn't go to the Town and have that changed? MR. THREW-Right. As a matter of fact, the L1 zone splits Joe's land right on the corner of it. MRS. EGGLESTON-Yes. MS. RICHARDSON-In addition to that, there was a reason that we did not seek a zoning change of the property to begin with, and that was the fact that Joe does maintain a small business on his property, and he certainly wouldn't want to be re-zoned. So, why would you re-zone us residential between two industrials. MR. TURNER-We don't re-zone. You'd have to petiti on. MS. RICHARDSON-Why would the Town? MR. CARR-No, but that makes sense. I mean, why would the Town spot zone one lot? MR. TURNER-No, I know that. They're not going to spot zone. MS. RICHARDSON-Right. One portion of our property, as she said, is residential. Across Eagan Road, there is a corner of it that is residential. It's just very crazy zoning, in my opinion. MR. SICARD-Bill, could I ask you a little question, here. Supposing that somebody moved into Carey's, partia11y. I understand it's divided into many parcels, and went into a stone cutting business, use of compressors an day long or something 1ike this. Do you think that the noise from there would permeate over to somebody like Joe's house or maybe this property, or even up to you, and it's entitled to go in there. Light Industrial could be just about anything tOday. MR. THREW-Sure. There would be no way to keep the noise from coming in there. MR. SICARD-I mean, trucks, a trucking business, such as large trucking, over the road, trucking. MR. THREW-The trucking, the noise from doing that, even if you, Niagara Mohawk has had an option on that property for a long time. I don't know whether they sti11 have it or not, but the trucks can come in there at a11 hours of the night. There's no berms or stuff, like I have to have in my mining permit, where you have to build a mound of dirt to keep the noise at a level that goes above the houses. That would filter right through the trees. MR. SICARD-What would the buffer zone be for them, 30 feet? MR. THREW-Yes, it's only 30 feet. MRS. EGGLESTON-I might say, Charlie, it probably would be no different than the existing conditions with the Town trucks in and out for gravel and whatever all day. That's the way it is now. MR. SICARD-But I'd hate to put a couple of nice families in there and then have this start up. MRS. EGGLESTON-There are fami1ies there now. There are nice fami1ies there now. That's not going to change. MR. SICARD-Well, some of this stuff was existing. MRS. EGGLESTON-That's why I'm saying, it was preexisting and it's not going to change. MR. SICARD-They're talking about adding to it. MR. CARR-Rea11y, because there's a nice fami1y living on the property right now. I mean, it's residential right now. It's in use. 12 MRS. EGGLESTON-Yes. It's not like it's going to disappear completely. It's not going to. It was residential, and if they don't sell it, it's going to stay residential, I mean, for living purposes. MR. SICARD-Do you think that it would sell if it was divided into three one acre lots? MR. CARR-Sell as what? MRS. EGGLESTON-Yes, sell as what? MR. SICARD-If they changed the zone and they put it into three one acre lots? MRS. EGGLESTON-But I think we've established you can't change the zone because there's already a preexisting development in back that's already been approved. So, you couldn't change the zone. The buffers have been set, so the question of changing the zone is now, moot. Am I right? MR. THREW-I don't see how you can. MRS. EGGLESTON-Is that what you said Lee, that it would be? MRS. YORK-No, I didn't say that, excuse me. MRS. EGGLESTON-No? You could go back and the Carey? MR. CARR-No. You can't. MRS. YORK-No. What I'm saying is that there are, in my notes, I stated, and there was a small map attached which didn't get duplicated which, Mrs. Goetz, would you please show around, thank you. What could potentially happen is that the Maille lot and the Richardson lot, that do abut a residential one acre, SR-1 Acre, zone coul d be re-zoned SR-1A. That 1 ine coul d be extended around those lots, if they requested a change of zone from the Town Board. That would be, like, a 10 acre lot. Now that is a request that would have to be made to the Town Board, and then they would have to determine whether that request was appropriate or not, but it is an adjacent zone and could be done in that manner. If that happened, then what you have is a Zoning Ordinance that says whichever zone abuts alight industrial or commercial zone, if it's a residential zone that comes in afterwards, then they have to maintain the 50 foot buffer from the adjoining commercial or light industrial zone, okay. So, they would have to maintain that buffer zone, which would substantially lower the amount of property that could be used for residential purposes, and that was the point I was trying to make. It could be done through a re-zoning effort, but both of the property owners would have to agree to go for this re-zoning together, and since it has been established, here, that Mr. Maille has a business on the property, he may not want to do that. MS. RICHARDSON-In direct answer to Mr. Sicard's previous question, we did consider dividing our property and trying to sell it that way. We have worked very hard and have attempted to sell this property in any which way we could think of. Our real estate agents, in addition, have worked very hard, and it just has not happened. This is the first written contract offer that we have had on the property since January of 1989. MR. THREW-The only thing I'd say is you have to be careful with what Jack Carey has already approved, and, you know, his setbacks and everything else on that. MRS. MARCY-I would just like to say that I'm sure you all would recognize that it's been a very slow market. So, I wouldn't want to see the fact that Richardson's property has not sold, based on that, because to find a country property, and a wooded country property, is very rare, especially in the Queensbury area, and the reason we haven't been able to sell it has been because of the zoning situation on it and nobody wanting to purchase it for a residence because of that. It's created a real problem. So, I mean, they have a rare property. Under normal circumstances, we wouldn't have had a problem selling it at all. MR. TURNER-I agree. I just think, like I said before, it's zoned wrong. MR. CARR-Right, but I think then you've got the problem, if you zoned the Richardson property, then you've got the Maille property jutting in between two residential zones, I mean, because Mr. Maille, I'm sure does not want his property re-zoned residential if he's got a business on it. MRS. EGGLESTON-He has a bigger parcel, too, so it may be of more value as light industry. MR. CARR-Yes. So, then you've got a jagged zoning problem. MRS. CRAYFORD-Can the Town Board spot zone like that? MRS. YORK-No. MRS. CRAYFORD-So, it can't be done. 13 MR. CARR-It can't be done. MR. SHEA-So, variance is. MR. CARR-Is the answer. MR. SHEA-That's what they're for. MR. TURNER-Yes, but the other side of the coin, it's never been attempted. I don't know if Joe wants to, do you want to re-zone? MR. MAILLE-I'd have to get with my attorney or ta1k to somebody about it. MR. TURNER-Let me ask Mr. Mai11e, how 10ng have you owned the house, Joe? MR. EGGLESTON-It's in the paper, here. He bought it in '84. MR. TURNER-'84. So, we changed it in '88. We changed the zone in 1988. How 10ng have you had the business? MR. MAILLE-Two years, probab1y two years. MR. TURNER-What is it? MR. MAILLE-My wife does hair, home occupation. That's a11. MR. TURNER-That's it? MR. MAILLE-That's it. MR. CARR-Yes, but he sti11 hasn't, he doesn't know the answer to it, and, I mean, he may not want his property to be residentia1. MR. MAILLE-I'd have to get with the reaHors, different reaHors, to see if it wou1d benefit myseH to go residentia1, or, the parce1 that I have, maybe somebody wou1d want to put a horse farm in there. You can have more horses than, I have horses, okay. I have three, and I have a beautifu1 barn there, and, you know, who knows who wants to buy it. I've had offers on my property. MR. TURNER-Offers as what, residentia1? MR. MAILLE-No, just offers to buy the p1ace. MR. TURNER-Residentia1 offers? MR. MAl LLE-No. MR. TURNER-For commercia1? MR. MAILLE-Commercia1, race horses, Saratoga Track ca11ed, you know, just different p1aces. MR. TURNER-Have you had an offer for 1ight industria1 use? MR. MAILLE-No. Just an offer on the way the p1ace 100ks. MS. RICHARDSON-I do be1ieve Pat may have misspoke ear1ier, when you were mentioning the number of horses that we can have, it's two acres per horse? MRS. CRAYFORD-Two acres per horse, you have four acres. So, it wou1d be two horses. MS. RICHARDSON-Then we wou1d be a110wed two horses, not eight. MR. MAILLE-Yes. She said eight. MRS. CRAYFORD-Thank you. MS. RICHARDSON-And, in addition, too, I don't think a horse farm wou1d come in on six acres and try to just breed horses. MR. MAILLE-Not a horse farm. Peop1e that want horses, you know, from the race track, c10se to Saratoga. I have no reason to se11 my property. I 10ve it where I am. 14 MRS. YORK-Mr. Turner, do you recall what the zoning in 1982 was, on that property? MR. TURNER-SR-30, I think. MRS. YORK-That's what I thought, I was under the impression. MR. TURNER-Yes. It was either SR-30 or SR-20. It was residential. MRS. YORK-It was SR-30, yes? MRS. CRAYFORD-I thought it was light industry in 1982. MR. STEVENS-Yes, it was earlier than that. MRS. CRAYFORD-Yes, it was. In '82 it turned light industry, I'm sure. MR. TURNER-Yes, but light industry went, I think, down the tip of the boot, there. MRS. YORK-And there was, yes, down, there was light industrial use all the way down to the river and what happened was, with the environmental factors that had been determined because of the 100 year floodplain, that a majority of it along the river went to Waterfront Residential. MR. TURNER-Yes, the boot was SR-30, all right, and the property that we're talking about was light industrial in '88, or before '88. MRS. YORK-I think the prior Zoning Ordinance was adopted in 1982. MR. TURNER-Right, but that was light industrial right there. MRS. YORK-Thank you. MS. RICHARDSON-I would just like to mention one more thing to the Board. I know it's been a very lengthy meeting for a very simple variance application, but our contract for sale is contingent upon their obtaining the variance for the modular home on the property, or a stick built home. They have been considering that as well. It's not a question of our having a lot of time. There are time constraints, as I'm sure you're aware, on real estate contracts, which is why we did request this special meeting, and we do thank you for holding a special meeting for us, but I think we have explored everything, all of the possibilities on our property, and this seems to be the best way to go for everyone concerned. MR. TURNER-Does anyone else wish to speak before I close the public hearing? PUBLIC HEARING CLOSED CORRESPONDENCE MRS. GOETZ-There's a note from Mr. and Mrs. Edwin Bow, "We have no objection to the above variance." MR. TURNER-Okay. Discussion. MR. CARR-I think they've proven their economic hardship. I think the re-zoning question would place a hardship on this property, if they have to maintain the buffer zone, plus the problem with Mr. Maille may not want his property re-zoned. Then you're looking at spot zoning issues. I think the variance is the way to go. MR. TURNER-How about the idea of subdividing the property? MR. CARR-Well, I think with the existence of the home where it is, and I'm sure with their septic and leachfields, moving a home would not benefit that greatly, and dividing it into two lots, I don't see that as a necessary part of this application at this time. MR. SHEA-I would agree, 100 percent. MRS. EGGLESTON-I agree, also. I just can't see any other use for the property. I know the hardships they've been through, and there's just, it's just not a. MR. TURNER-It's just trying to do it the best way you can do it. MR. SHEA-Right. MR. CARR-Right. 15 MRS. EGGLESTON-And I don't think we see an overwhe1ming neighborhood opposition here, tonight, and I'm g1ad for that, because these peop1e are in my neighborhood and I know them a11. So, I'll do what I think is right, but I rea11y think they've proven their case. I mean, if Joe were here asking the same thing, I think they both have the same. MRS. GOETZ-On the subject of subdivision, we just had that other one on Moonhi11, the Moonhi11 Road app1ication, remember, where we did require the 10ts to be subdivided. MRS. EGGLESTON-They were preexisting homes that had been there for, 1ike, 10 years. That's the trai1er and the house, Sue? MRS. GOETZ-Not in the beginning, they weren't. MR. TURNER-They moved the trai1 er on the second 10t and the condition of the variance was that they would subdivide and they never filed. MRS. EGGLESTON-Five years ago, yes, and never finished their paperwork. MRS. GOETZ-Why was it required then and it might not be required now, to subdivide? MRS. EGGLESTON-Are you saying, put it in two parce1s for each property? MR. CARR-It was required at that point because, at the time, the trai1er had not been p1aced, so, and neither had any of the uti1ities effecting that trai1er had not been put in p1ace. So, we had more of an open book on this one. MR. TURNER-These aren't either, Bruce. MR. CARR-We11, we've got the trai1er there. MR. TURNER-You've got the trai1er and the horse barn. MR. CARR-Right, but then if you 100k at the configuration of the 1and, and you go due south from the existing mobi1e home which hits this second big b1ack mark, which is the on1y access to Eagan Road, I mean, you've got to have at 1east a 20 foot buffer on that side of the mobi1e home, a11 right. So, then you're creating a 10t that has no access to any road. MR. SICARD-You do have to have a buffer on the same 10t? MR. CARR-We11, if we create two 10ts, you've got to have the side setback. MRS. EGGLESTON-Side setbacks. MRS. CRAYFORD-Side setbacks, not buffer. MR. CARR-We11, not buffer, I'm sorry. You're side setbacks. MRS. CRAYFORD-I think the side setbacks in there are 30 feet. MR. CARR-Okay, we11, 30 feet, then. That even makes it worse. MRS. EGGLESTON-See, and that wou1d move it even, then you'd have to move something c10ser to the Mai11e residence and, rea11y, it's better, if it has to be, to keep it as far that way as you can keep it. MR. CARR-And then to have access to Eagan Road from that lot you're going to have to have an easement over the existing 10ts, and you're just making a mess out of the tit1e. MR. SICARD-At the present time, they wou1dn't have access, and, of course, I don't know what Joe's got up his s1eeve, there, but there's quite a section there, between the end of the paved road, the back of this 10t we're ta1king about, I don't know how far it is. Joe wou1d know how far it is, the other side of your road that goes into your po01. MR. MAILLE-What side? The west side? Ten or twe1ve on the other side. MR. SHEA-Do we need any further discussion on subdivision? I mean, I'm not in favor of it. MRS. GOETZ-You're not in favor of it? MR. SHEA-No. MRS. GOETZ-We11, I fee1 that we've stated why we're not in favor of it and I'm g1ad to have it on the record. 16 - MR. SHEA-Okay. All right. I'll make a motion, then. MR. TURNER-Okay. tÐTION TO APPROVE USE VARIANCE NO. 76-1991 LAURA BERKEY HICKEY, Introduced by Michael Shea who moved for its adoption, seconded by Theodore Turner: I do not believe that a reasonable return on the property can be gotten as presently zoned, Light Industrial, due to the fact that the property and lots that are on the approach to the existing property, by way of Eagan Road, are largely residential and that no offers for light industrial use have been received by the owners, and that the owners, in order to comply with Town Ordinance with respect to horses on the property, and that the owners want to relocate to pursue a horse business. Therefore, this variance should be granted. The circumstances of this lot are unique with respect to the surrounding zones, and that thi s request is not unreasonabl e to the Ordi nance. Further, the granting of this variance would not be detrimental to the Ordinance, nor would it effect the neighborhood character, and that we have reviewed the Short Environmental Assessment Form, and that it was a negative declaration. Duly adopted this 3rd day of October, 1991, by the following vote: AYES: Mr. Shea, Mr. Sicard, Mrs. Goetz, Mrs. Eggleston, Mr. Carr, Mr. Turner NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Theodore Turner, Chairman 17