1995-03-22
----
QUEENSBURY ZONING BOARD OF APPEALS
SECOND REGULAR MEETING
MARCH 22, 1995
INDEX
Notice of Appeal No. 4-94
Margaret Bleibtrey
Use Variance No. 9-1995
(Cont'd Pg. 76)
Robert E. Orban, Jr.
Notice of Appeal No. 3-95
John P. Cushing
Area Variance No. 12-1995
Dorothy B. Hod9~;ns
, '
Use Variance No. 11-1995
Jeffry D. Morrison
1.
6.
17.
37.
57.
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TdBOARD
AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING
MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL :OF SAID
MINUTES.
-;"1
"ì (
. ,
I Ii!
¡ t~;:'
¡; ,
. " .! -! ~
t<
, ;
, "
, '
J' '
,'1"
! " I
'"oJ,
,
;--/
-./
QUEENSBURY ZONIN§~OARD OF APP~A~S
SECOND REGULAR MEETING, ,
MARCH 22, 1995" ,
7 : 00 P. M . ""
MEMBERS PRESENT
FRED CARVIN, CHAIRMAN
CHRIS THOMAS, SECRETARY
ANTHONY MARESCO
DAVID MENTER
ROBERT KARPELES
THOMAS FORD
EXECUTIVE DIRECTOR-JAMES MARTIN
'. l·
PLANNER-SUSAN CIPPERLY
TOWN ATTORNEY-PAUL DUSEK
STENOGRAPHER~MAR¡A GAGLIARDI
O~D BUSINESS:
NOTICE QF APPEAL NO. 4-94. MARGARET BLEIBTREY APPEAL BY MARGARET
E. BLEIBTREY FROM A DECISION OF THE ZONING ADMINISTRATOR STATING
THAT A FISHING GUIDE SERVICE INCIDENTAL TO THE PERMITTED BED AND
BREAKFAST WOULD BE AN ALLOWED USE UNDER SECTION 179-13, LAND
CONSERVATION ZONES. ACCORDINGLY, AN INTERPRETATION BY THE ZONING
BOARD OF APPEALS IS REQUESTED. PROPERTY IS LOCATED ON UPPER
RIDGE ROAD, QUEENSBURY, DESIGNATED ON THE TAX MAP AS PARCEL
NUMBER: 20-1-2.
MARGARET BLEIBTREY, PRESENT
MR. THOMAS-I'd like to first read the tabling motion, "The
Queensbu1-y Zoning Board of Appeals has reviewed the following
request at the below stated meeting and has resolved the
following: Meeting Date: February 22, 1995, Notice of Appeal
No. 4-94, Motion to Table Notice of Appeal No. 4-94 Margaret
Bleibtrey, Introduced by Fred Carvin who moved for its adoption
seconded by Anthony Maresco"
MR. CARVIN-Okay. The public hearing on this particular situation
is closed. I understand we have received some letters since the
last meeting, which I will have read into the minutes, and then I
will open it up for discussion among the Board hel-e, if there is
any, and ask if any of the Board members have any questions of
the applicant, and it will remain in the format of a question.
It will not be open to a public hearing. So lets read the
letters.
MR. THOMAS-The first letter is a letter dated March 15, 1995
"Dear Mr. Chairman: In matters concerning the above mentioned
Notice of Appeal, first let me state that I am in support of Mr.
Martin's original interpretation of a fishing guide service
incidental to the permitted bed and breakfast as being allowed
under Section 179-13, Land Conservation zones. However, whether
I or anyone else agrees or disagrees is of no real consequence at
this point in time. The fact is that Mr. Martin's position on
the matter was considered at the time of Mr. diPalma's
application and approval of Site Plan No. 1-94 on January 25,
1994. According to Section 13, Chapter 179 of the Code of the
Town of Queensbury, section 179-98, stating as follows "The
zoning administrator shall have the power and duty to administer
and enforce the provisions of this chapter. The Zoning
Administrator shall be appointed and may be removed at the
pleasure of the Town Board. An appeal from an action, omission,
decision or rule by him regarding a requirement of this chapter
may be made only to the Zoning Board of Appeals within sixty
- 1 -
'~
./
(60) d~ys of such decision or action. In compliance with this
provision, anyone desiring to appeal the decision would have had
done so by March 26, 1994. Upon reviewing the Notice of Appeal
you'll notice that Mrs. Bleibtrey uses the statement of Mr.
Martin to the Lake George Park Commission on July 11, 1994, in
which he only restates his position on the matter, as the date of
the interpretation thus openi ng the door, for an appeal. This
position is totally erroneous, Once again, according to the
aforementioned regulation, an appeal must be made within sixty
(60) days of the action, not every time it is restated to answer
someone's question on the matter. ,In summary, it is my position
that the Zoning Board of Appeals has no jurisdiction over the
matter at this point, as long as Mr. diPalma is in compliance
with the agreed upon provisions of his Site Plan approval. To
the best of my knowledge Mr. diPalma has done all that he can to
keep his side of this agreement. Furthermore if the Zoning Boa,-d
of Appeals attempts to take action on this appeal, it will,
without a doubt, be in violation of its own regulations and
subject to any consequences s~emming there from. Taking action
on this appeal can also be interpreted as an attempt to legislate
regulations, which the Zoning Board of Appeals does not have the
authority to do so. Very truly yours, Stephen F. Lynn" A
letter dated February 27, 1995 "To Whom It May Concern: I am
writing this letter as I have done several times over the last
couple of years about Michael DiPalma's fishing Business & Guide
Business. és I have informed the different town planning &
zoning board before. ! can find no reason why he can not finally
after all these years be able to run the fishing & guide
business. Mr. DiPalma is a neighbor of ours also his right-of-
way and dock is next to our right-of-way & dock (which we share
with other residents). I have known Mr. DiPalma over 10 years
now. I have found him a good citizen and a plus to our
neighborhood. He has met all the requirements he was asked to
make over the years to his home and land so he could run his
small fishing business. As I understand it was told he had to
get a charter license to run his fishing and guide business. I
do believe that the word charter makes some people think this is
a bigger operating business than it is. Because of the location
of his dock, he is limited as the size of his boat because he has
to go under the bridge on 9L which of course would make this a
very small business. I have been on our dock when Mr. DiPalma
has been on his dock. Never have I heard any more noise and any
more strangers, than on any other docks, in the area (and there
are quite a few docks there). I feel as far as the effect his
fishing and guide business and also his Bed & Breakfast business
has on Lake George water are far less than the effect that other
people's private docks that rent out space on their docks to
three and four more outside boats. M,-. DiPalma has made all the
changes that was asked to, to his home and land. So he would not
effect traffic on 9L which cost him extra money to do. I feel
this has gone on way too long. I understand from former meetings
that an okay was given for this business. I feel he has shown
good faith in trying to do the right thing. Once again, I see no
reason why Mr. DiPalma can't have a final closing on this! So
the neighborhood and Mr. DiPalma can get on with their own
business. Thank you. Jane Peltier" A letter dated March 2,
1995 "Dear Mr. Martin: I am writing a letter of support for the
permit of Mike DiPalma to bea fishing guide and to be allowed to
take fishing clients off his dock located south of RT 9L at the
end of Warner Bay. I've known Mike DePalma as a neighbor ever
since he moved to Lake George. As a retired police officer he
clearly has great respect for the law, rules and regulations, is
a regular church attendee and has great respect for Lake George
and its environment~, I have been fishing with Mike on a few
occasions and have observed nothing but total compliance with all
laws and regulations, as well as being neighborly and pleasant to
other persons. I understand that his neighbors the Blabtrees and
Grace Hanneford have written to object to Mike's application. It
is well known that Mike and the Blabtrees have not, been
neighborly for years. Most likely their objection to the fishing
- 2 -
-'
--"
guide/dock issue is based on this ,personal animosity. Grace
Hanneford, never uses the water and even if she were a regular
µser, would not be negatively impacted. I have lived next door
to Grace for 16 years and she has yet to speak to me in a civil
way so the credibility of her comments on the details of this
issue can be seriously questioned. In summary, I strongly
"suppor,t Mi ke DePalma's appl ication to be, af ishi ng guide and to
take çlients from his private dock. I've known Mike as a
neighbor for several years and have observed what you·d expect
from a retired police officer -- a highly respected law abiding
c1 tizen. It is my Judgement that this would have no impact
whatsoever on neighbors and any objections are based on other
factors. Accordingly, I urge the Town of Queensbury to avoid
consideration of negative correspondence based on unrelated
issues between neighbors and to render a decision on the facts
and merits of Mr. DePalma's request. Sincerely, John H. Shafer"
A letter dated February 26, 1995, "Gentlemen: This letter is
written on behalf of a closely situated neighbor, Mike DiPalma.
Recently it came to my attention that one or more property owners
on Hanneford Road, and I am sorry to say that one who doesn't
reside either in the neighborhood or in !lQ. way would be affected
by any actions undertaken by Mr. DiPalma, have submitted written
objections pertaining to the use and operation of a bed &
breakfast establishment operated by the aforementioned Mr.
DiPalma and the use of his,dock to take guests out on Lake George
to,fish. My house looks toward Mr. DiPalma's home. Since he has
been in residence I have neither witnessed, overheard, any
conduct that could possibly be deemed objectionable. I find him
a good neighbor who takes pride in the appearance of his
buildings and grounds and conducts himself in a most exemplary
manner. In conclusion; 1 feel that at least one of those who has
objected should look to her own probléms of noise and clean up
her own acts before criticizing those of others. John Alden
Beals"' A letter dated February 28, 1995 "Dear Sir: I have been
. resident of Queensbury for over 48 years. Mike DiPalma bought
his home here in 1979, and has been a good friend and neighbor
since that time. I have seen friends and guests at Mike's house
on some occasions. Some of his guests and friends go fishing
with him from his dock. I have never heard or witnessed anything
out of the ordinary when it comes to Mike's fishing activities.
I know that Mike has recently retired. To prevent him from
continuing with his fishing activities would be an injustice to
his interests. I repeat that I have no objections to Mike's
'fishing activities; his fishing expertise is welcomed in our
'~eighborhood. Sincerely, Ronald W. William~" A letter dated
February 25, 1995 "Dear Mr. Martin: I have written before and
have attended a hearing regularly regarding Michael DiPalma's
fi*hing guide business.' The size of his business is the same as
it 'has been for several years. From two to four anglers come to
his home, stay one or two nights, and are taken out to fish
either in Lake George or nearby rivers. The season extends from
spring through summer. I am a close neighbor and do not find the
noise level of people talking or walking down to the dock to be
annoying. Michael's guests are no louder than any other passers-
by. It seems incongruous to refer to Mr. di Palma's business as
a 'charter' or 'bed and breakfast' when his home is small, his
dock is short, and his guests are only a handful. I believe it's
a small business which should be allowed to continue. Yours
truly, (Ms.) Jane L. Crannell"
MR. CARVIN-Okay. I will entertain any questions of the applicant
by the Soard. Does anyone on the Board have any questions of the
applièant? Okay. Hearing none, then I will entertain any
discussion, feeiings or comments with regard to this application.
I think we've had sufficient input on this. So, does anybody
have any comments?
MR. FORD....Is there 'any question about the timeliness of that?
Could we review that?
- 3 -
'--'
, --/
MR. CARVIN~I .think Mr. Dusek h~s addressed the t.imeliness issue
at the last meeting, and I don't want to put words in your mouth,
but I think that my impression is that the timeliness is not an
issue at this particular case. Is that essentially correct?
MR. DUSEK-I think that that was the impression I had when the
Board last reviewed the issue.
MR. FORD-I was not at that meeting, by the way. I've read the
comment, but I wanted to make sure I was accurate.
MR. DUSEK-Sure. I think that, first of all, all decisions, of
course, reside with the Board. I mean, it's up to you folks to
make these determinations on these issues. I can help you, in
terms of giving you some guidelines as to what I have seen.
First of all, I think that the law refers to a 30 day time
period, but it refers to a 30 day time period from when the issue
develops or from the decision, and I think Step Number One is to
determine when did the Zoning Administrator ,make a decision, or
did he make a decision at all, and I think at the last meeting, I
said som~thing to the effect that I believe there was a
possibility that YOU could interpret the situation to be that no
decision has even been ,made to this date, but that wouldn't be,
probably, in anybody's best interest because then it would be a
matter of still having to come back again, because I'm sure
everybody would then understand, well, then we've got to object.
So then you'd be back here again anyway. So the other
possibility is to determine that the decision that was rendered
in connection with that letter to the Lake George Park Commission
constituted a decision of sorts. The applicant has tried to
argue to you that the. decision actually pre-dated that, as you
heard again tonight in the letters, back to a Planning Board
meeting. As ~looked through there, I couldn't find what ~ saw
was a decision~ but that's up to yoU folks to decide whether or
not you agree or disagree with me. You've looked over those
minutes yourself, as well. I think that what was at issue before
the, Planning Board was whether to grant a bed and breakfast.
That seemed to be what they were trying to determine at that
time, and also that Board doesn't have jurisdiction, obviously,
to make decisions as to what's allowed, or not allowed in a
particular zone in any event. So I think you have to look at
those issues and you have to look at it from the perspective of
whether or not Mrs. Bleibtrey, who's the appellant in this case,
would have had, you know, I guess look at it from a reasonable
person's standpoint of each member of the Board. Do you think
the decision was made then? Do you thin,k she had notice of a
decision at that point, that this issue was something that, you
know, at that time, it was definitely going to be allowed, and
that this was a Zoning Administrator decision by virtue of this
bed and breakfast being approved. If you feel that there ~ a
decision and it was clear at that time, well then I think you
could say, well, all right. We'll count the days from then, but
if you feel that the decision was not clear and that she did not
have sufficient notice until she had that first inkling from the
letter that came out of ~im Martin's Office, then you would
calculate the day from there, or if you feel, as I mentioned
earlier, that the other possibility is that, even now he hasn't
made a decision, in response to a complaint from an jndividual.
I think what it is, it's the issue, and has that been formally
addressed at some point by Jim Martin, and hopefully everything I
just said will help a little bit, instead of confusing, but, you
know, I'm trying to just give you all the things that I'm looking
at, and I think that you do have some discretion, here, in terms
of how you make this decision.
MR. FORD-Thank you.
MR. CARVIN-Okay. Any other questions, Gentlemen? Okay. Then I
have a statement or a comment that I think I'd like to address.
- 4 -
-.
---
MOTION TO APPROVE NOTICE OF APPEA~ NO. 4-94 MARGARETBLE~BTREY,
Introdu~ed by Fred Carvin who moved for' its adoption, seconded by
Robert Karpeles:
The Zoning Administrator has determined that a fishing guide
service would be allowed as an incidental use under the þermitted
use of a bed and breakfast as outlined in Section 179-13. I
disagree with this interpretation. Mr. DiPalma indicated that
the fishing guide s.rvice is only available to people staying at
the bed and breakfast, as part of a package or at an additional
cost, but he has also indicated a fishing charter business, which
is headquartered from his home is available to other people who
may not be staying at his bed and breakfast facility. Although
he 'may not be conducting the nonresident chartered fishing
business from his home, it appears that the resultant activities
is the same. The definition of bed and breakfast is very clear.
A bed and breakfast facility. A bed and breakfast facility which
is ftot a I hotel or a motel, but rather is a dwelling in which
overnight accommodations for a maximum stay of one week:and
breakfast only are provided or offered for transient guests for
compensation. Such use is secondary to the occupancy of the
dwelling by a family. I think the key words in this particular
definition are "and breakfast only, are provided or offered for
transient guests for compensation". Any advertised or offered
activity other than breakfast or lodging', whether compensated or
not, is not permitted as ~n .cc~ssory use under the definition of
Bed and Breakfast. Please note that the use Bed and Breakfast is
secondary to the occupancy of the dwelling by a family. Only
tho~e 'uées as outlined by' Section 179-130(1) and D(2) would be
allowed the Bed and Breakfast. Any uses beyond those would
require either site plan review or additional use variances, if
not covered by the Type I or Type II definitions. This Board has
dealt with similar sitùations, most notably those dealing with
amusement parks, where new rides or attractions as proposed were
referred either to site plan review, or new use variances, and
were not considered automatically granted under the broad term
like amusement park. The issue of the free access by persons
other than Mr. DiPalma via the right-of-way across the Bliebtrey
property is a matter for civil court and need not and should not
be addr~ssed by this Board. To summarize, a fishing guide
service is not and 'cannot be a permitted incidental use to a bed
and breakfast without propet use variances or site plan review.
So that I would move to .pprove Appeal No. 4-1994, Margaret
Bleibtrey, overturning the Zoning Administrator's decision and
interpretation with regard to the accessory use of a fishing and
guide service in conjunction with a bed and breakfast.'
Duly adopted 22nd day of March, 1995, by the following vote:
MR. CARVIN~Okay. I don't know if you want to read that back,
Maria, but that would be my motion, or my interpretation.
MR. DUSEK~Unless a member of the Board wants it read back, you're
not required, by any law thatl know of;' to have it read back.
It's a matter of discretion, I think, to the Board.
MR. CARVIN~Okay. Does anybody want me to,read that again, or any
questions on the motion? Okay. Maria, vote.
AYES: Mr. Maresco, Mr. Menter, Mr. Karpeles, Mr. Thomas,
Mr. Carvin
NOES: Mr. Ford
MR. CARVIN-The Appeal is upheld. The next item of business is, I
think it's an unlisted, are we hearing the Orban tonight?
MS. CIPPERLY-Right. That should be second. The public heating
was also closed.
· - 5 -
"""",,--
----
MR. CARVIN-The public hearing was closed on that was it.
USE VARIANCE NO. 9-1995 ROBERT E. ORBAN, JR.
ROBERT ORBAN, PRESENT
MR. CARVIN-Okay. The next is an unlisted agenda item. This is a
Use Variance No. 9-1995~ Robert Orban, and I believe we tabled
this for some input from the Board Attorney with regard to the
Orban, again, and this is a situation where the public hearing
has been closed, and only questions can be entertained from the
Board. Okay. I think the issue that we tabled, we wanted
clarification, is rather self-evident. I guess the first issue
that I think the Board would like somewhat clarification here is,
whether a Use Variance, once granted, goes with the applicant,
the land or what the time frame, or what our abilities to modify
or define a Use Variance.
MR. DUSEK-First of all, as a matter of law, a Use Variance will
run with the land, meaning that if you award a variance in this
case, the gentleman to whom you award it to will be, able to, when
he sells the property, give that variance, so to speak, to the
next owner, and so forth, down the line. So it'll always, and
it'll be there, forever and ever. It doesn't go away, because
you've authorized, basically, that use, even though it's not
allowed under the Zoning Ordinance. The issue as to the nature
of a variance, it's really up ,to you folks to determine exactly
what that variance will be. I, think you have to take into
consideration a few things. You have to take in the character of
the community, or that area, the nature of that area. I believe
this is a residential zone, and you have to take into
consider ation, I thi nk , proper 1 y the bui ldi ng that's, and the
property that's the subject of your variance, and then I think
you should keep in mind that if, as I understanQ it, a business
use here. So it's obviously not part of the overall zoning
scheme for the Town. , I mean, this was an area that was
resid.ntial, and as I understand it, the use of this property,
there is no grandfathering rights. or anything. So the
applicant's basically coming before you and saying, look, I've
got this property. I've got this building. I really can't use
it as a residence, and I want to do something with it, and I
think it's up,to the Board to decide exactly how much, first of
all, I think you have to, decide, first of all, wl1ether he proved
his case to you, and there's criteria set forth in the Ordinance
as to what he has to show you, in terms of hardship and all of
those types of things. If you should determine that he has shown
you that, th.n I think you can move ahead into perfective of,
what do we do with this variance. HQw much of a variance do we
give him, and what limitations do we put on it, and as long as
you have a rational basis for whatever it is you're doing, in
terms of limitations of uses, etc., I think you're free to do,
you know, just about anything that you want, as long as it's
related, as I first started off with, the property that he has
and the neighborhood. As long as you tie in all of your concerns
there, and you're reasonable, then I think, you know, the Board
is pretty much free to tackle this as it sees fit. I don't know,
is there anything else I can add on that? Does that answer the
question, Fred?
MR. CARVIN-I don't know. It's been clear in ~ mind right along.
MR. MENTER-I think that's the direction we were going.
MR. MARESCO-And I think the question you had, Fred, was, does the
variance revert back to it being a residential? If it doesn't,
that variance will carryon.
MR. DUSEK-No. Right. So you want to be very precise as to what
you authorize in a variance, because in thinking that it will go
on and on and it'll pass on to new owners and yoU want to make
- 6 -
~
----
sure that they know what they can use the property for.
MR. MARESCO-Right.
'I,
, ....} ,
, :
MR. CARVIN-Yes, only the use, the approved use. In other words,
I think the argument, or the issue is that if we allow a
de~tist's office in there, does that allow the dentist, at some
future point, to allow, if that's not þart of the variance? In
other words, if we allow Dr. Orban a dentist's office, does that
allow him to put an accountant in there or an unrelated business,
if he decides to sell it, and ~ argument is that that is not the
situation. In other words, we are granting either him or a
specific profession.
MR. ÐUSEK~I would say that it would turn on the wording of your
variance. For instance, if your varL~nce said that we'~·e'only
going to allow dentist's offices there, and y6u have a rea~on for
doing that, related to, you know, the effects of this thing in
the community, then he would be limited to dentist's office, and
the only thing that he could do with it is sell it to a'nother
dentist, but it's really going to turn on what you allow as to
the uses, when you describe it. For instance, if you said,
professional office, well that would change the whole character
of the variance. I mean, that would allow all the uses that are
allowed under the Ordinance. So I think it's up, you know, and
you may have reasons going either way, depending upon what you
feel the effects are of what you're allowing. In other words, if
you can draw a distinction between a lawyer's office and dentist
office, for instance, and you feel that the lawyer's office is
either not as bad or, in terms of its impact on the neighborhood,
or worse, then if you said, you know, if it's not as bad, you're
goihg to say~ okay, you could use a lawyer·s office there, too,
or if you f~lt it would be worse, then you're going to say, well,
no, you can't have a lawyer's offIce, but you can have an
accouhtant's office and a dentist offIce or, you know what I'm
saying? I think you folks have to make all of these, consider
all of these things, consider the natures of the offices, and
make a decision as to what it is you want to allow there, and I
think that yoU have a lot of leeway, because this is your, you
know, you're varyi~g the Ordinance for this person, and you have
a right to add any conditions that you think are appropriate, so
long as they're rationally related to protecting and preserving
the neighborhood, and considering the fact that you're varying
that area.
MR. MENTER-r thihk that where we're at is we've, if I recall,
we've polled and it seems to me that we determined that he did
prove his case, you know, that consideration is deserved here,
and we were sort of trying to protect the future of that property
with wording, trying to limit the future with the wording. We
were going back a~d forth on that. Does this letter have to be
read in, that Dr. Orban submitted?
MR. CARVIN-Yes. I think we should probably put that in. Yes.
MR. MENTER-Before we discuss it.
MR. CARVIN-Okay. T he~· e is a letter received from Dr. Orban. Do
you have it? Why don't you read it in.
MR. THOMAS-A letter dated March 21, 1995, regarding Variance file
# 9-1995 ÌOGentlemen: Enclosed please find a list of professions
and occupations to be included in the granting of a Use Variance
for the property at 93 Dixon Road. I feel that these professions
all keep the spirit of respect for a residential area, that is,
they are quiet and generate little traffic flow. I did not
submit a list of 'professional occupations licensed by the State
of New York' for two reasons. This list would exclude certain
desirable occupations such as attorneys who are governed by the
State Bar Association and not by the Division of Licensing
- 7 -
---
Services. Second, many 'licenseq occupations' may be considered
undesirable for this location, sea attached list of "Disciplines
Regulated by the Division of Licensing Services'. It should be
noted that this is only one of many lists showing licensed
disciplines by the State of New Yo)-k. Sincerely, Robert E. Orban
Jr., D.M.D." And attached are a list of occupations and a table
entitled "Disciplines Regulated by the Division of Licensing
Services" .
MR. CARVIN-Okay. I think I'd ask you to read in those lists.
MR. THOMAS-The first list is, an accountant, an actuary,
adjuster, answering service, architect/landscape architect,
Attorney/Lawyer, Audiologist, Billing Service, Business
Consultant, Counselor marriage, family, child, individual,
chiropractor, computer sy~tems designer/consultant, dentist,
dental hygienist/dental technician, dietitian, draftsman,
engineer, financial planner, foundation offices, graphics
designer, hypnotherapist, literary agent, marketing consultant,
notary public, occupational therapist, physical therapist,
physician M.D., D.O., Patent Agent, Podiatrist/Chiropodist,
Psychologist, Public Relations Counselor, Resume Service, Speech
Pathologist, Transcription Service, Translator/Interpreter,
Tutor.
MR. CARVIN-Again, my position on this still remains that I have
absolutely no problem granting a variance to Dr. Orban. I think
that he has met all the criteria to allow him to go into there,
with the exception of some of his caveats. I think that he has
proved, now we've got to remember. Number One, he does not own
this property. So he is proving a case for another land owner.
That's Number One.
MR. MARESCO-But he is looking to purchase it.
MR. CARVIN-He does not own it at this point. All right. So, I
mean, the reasonable return does not necessarily, at this point,
affect him. Now it could affect him in the future, if he were to
buy the property and, at some point, wish to sell it, but I think
it's very important that, at this point, he does not own the
property. I think that his situation is unique, that he would
not alter the essential character of the neighborhood, and most
of the alleged hardship is not self-created, with the exception
of what he is asking us, which I do believe goes beyond the
granting of minimum relief. It is not a situation of the
Ordinance that indicates or mandates that he has to rent the
additional space to make his mortgage payments. That's not a
problem of the Town. Number Two, I don't think we could ever
come up with a tight enough definition that, at some point,
wouldn't come into conflict, would, at the same time, preserve
and protect the character of the neighborhood, the health, safety
and welfare of the community, beç4use anyone of these are so
broad in their terminology that in essence what we are doing is
we are giving him what we, as a Zoning Board, shQuld be looking
at, and what the residents in that area should be looking at. In
other words, he, in essence, is saying, these are the folks that
I will review, and if they meet ~ criteria, then I will put them
in there, and it removes them from the neighborhood. Now that is
not to say that if he buys this property at some point, that a
reasonable return could be returned by him, by selling that
property as a residence. ,We don't know what the future will
bring. So I think that by going beyond that that we are, in
essence, turning our job over to him, and taking it out of the
preview of the community, and I think that that is going beyond
the pail of granting minimum relief. Now, as I said, I want to
emphasize that I am not opposed to putting Dr. Orban in there,
but it's that little caveat A that I have a hard time with, and
that's pretty much my position. So I guess my feeling is that,
this point, Dr. Orban really has, we have, I think, four choices.
One, he can obviously pull his application, if he feels that this
- 8 -
---
-.-/
Board is not moving in a direction that is satisfactory to him.
Two, we can grant Dr. Orban a variance and limit it just to him.
Three, we can grant Dr. Orban a varianc~ allowing dentist's
offices, or, Four, yoúcan create all sorts of criteria and
addendum to that variance, and as I said, I don't have a problem
with the first three. It's that fourth one I think, where you're
going to build a very largel mouse trap, and the only people that
are going to get caught in it are us, so, I think thöse'are the
four, unless somebody else has got another option here.
MR. DUSEK-Mr. Chairman, if I may. I heard one of your options
was to grant a variance to the Doctor?
MR. CARVIN-Or dentist's offices.
MR. DUSEK-Okay. Did you mean that in the sense of, not to him
personally, but rather for the usé of dentistry?
MR. CARVIN-Yes.
MR. DUSEK-That would be one of the optio~s, because whatever you
do, you're not 'going to want to grant it to the Doctor. You're
going t6 want tó grant it to, you know, to the Doctor. You're
going to want to grant it for purposes of running with the land.
So you're going to want to describe what you're going to allow on
the land, and 'then it will run to whoever gets the property, in
the end.
MR. CARVIN-Or we can limit it just to
wörds, if he should 'sell the practice
revert back.
his practice.
at some point,
In other
it could
MR. DUSEK-No. That's what I'm
a use on the property, his
dentistry, or oral surgery.
choices, if you say that you.
saying. If you're going to allow
practice, as I understand i~~ is
Okay. Dentistry. So I think your
MR. CARVIN-So we only have three choices, is what you're saying?
MR. DUSEK-Right.
MR. CARVIN-Dr. Orban, Dentistry, Office.
MR. DUSEK-Right.
MR. THOMAS-What about the other little piece, the 1250 foot
building or room out back?
MR. CARVIN'"'"Well, that's what I'm saying. I have ,a hard time. If
he finds somébody, and then I think they have to come back
through for the same use variance, just the sam~ as ihe Doctor,
and they would have to prove their case, that they meet the
criteria that's set forth by the community, and again, I don't
know. I mean, he's clai~ing a hardship that he wants to be able
to go out and 'find these folks, and I'm just saying that, maybe
there is other uses besides professional that might meet that
criteria, that is acceptable to the community. So by limiting it
you als6 are excluding other potential uses that may also fit in
there. .
MS. CIPPERLY-You askéd for other options. One other option would
be, as commercial properties are handled, if a d1fferent
commercial use goes into' a building, significantly different than
it was there, say you went from an antique shop to a tire store,
that could require site plan review by the Planning Board. So
that is one way of maybe addressing the~' if he couldn't' find
anothér dentist to buy the building, but he could find a similar
use that fell into the professional category, it could go to site
pIa n review.
- 9 -
MR. CARVIN-Well, that still falls in the third or fourth
category, depending on how you want to start your count.
MS. CIPPERLY-Well, you asked for other options.
MR. MENTER7But if it wasn't tied to the property, then, I guess
I'm saying the real issue is the fact of this type of property,
and we're trying to maintain some control over that property down
the road, if Dr. Orban decides to turn it over, apd, yoU know,
you've got a commercial use sitting there, potentially. It seems
to me that this is a fairly limited list. I think there is a
real unique problem with that building in that location, as it
currently sits. I think I, personally, would be for workin~out
some wording that would limit it. As I see these, none of these
seem to me to fall outside of what, certainly I would look for
in, or see as an appropriate use of that building. I guess I
don't see the big, I don't see the real trap in this, and I do
see a problem with the building aslt sits now.
MR. CARVIN-Okay. I'm just s~ying that even these definitions,
financial planner. I mean, I'm a financial planner, and I can
bring about 12 of my cohorts, and we can set up a financial
planning office there, and I can tell yoU that our traffic is
going to be more intensive than what the dentist's office is.
So, I mean, how ~re yoU going to define, I mean, obviously, a
notary public is probably not as intensive, but it could be. I
suppose there could be a run on notari~s.
MR. MENTER-By the same token, we don;t have to adhere, strictly,
to this list.
MR. CARVIN-That's what ~ saying, but lets just say that there
are other professions that might be amenable, at some point in
the future. You're limiting yourself both ways, is what I'm
saying, and I think you still bump into the minimum variance.
You're giving him a responsibility that rightfully, remember,
it's a residential zone and we're changing a use in that
residential zone, and I think that this deserves the highest
scrutiny that we can give it.
MR. MENTER-I agre~ with you.
MR. CARVIN-And I think that when we start giving away review
processes, then we are doing a disservice to the community.
MR. KARPELES-Can I ask a question of Dr. Orban?
MR. CARVIN-Sure.
MR. KARPELEß-Drp Orban, I don't think it came out last week. Are
you planning on just having one other office on the, 0)" one other
renter in this facility, or could it be multiple?
DR. ORBAN-At this point, I' would,see no more than two, probably
one. I have not ruled out two (16stword) bac~ space.
MR. MENTER-What's the size of that?
DR. ORBAN-1250 square feet.
there, two small business.
one.
There's the potential for two rooms
My preference would be to have it as
MR. CARVIN-But I still will maintain that that is a $elf-created
situation. In othe~words, that's not a fault,of the Ordinance,
that he has to rent out that space, and I have no problem, if he
finds somebody who he finds appeals, is willing to come through
the test of fire, if I can use that term, that this Board can
look at it, and we allow the public to look at the activity. Now
he may find somebody on this list or somebody that ma~,not be on
this list, and they apply for the vari~nce, the same as the
- 10 -
'-
--
Doctor has, and they go through with flying colors, but on the
other hand, I mean, he may find somebody that the community finds
objectionable.
MR., FORD-But aren't we looking at this parcel, this
~roÞeriy. We're not looking at Dr. Orban's portion
,str'ucture and the other's separately. Xt's all together.
piece of
of the
MR. CARVI~-Well, no. We're granting the variance to the Doctor.
MR. FORD-No, to the property.
MR. CARVIN-To the property.
MR. FORD-So in our definition, we define the type of professions
that can go in there.
MR. CARVIN-I'm saying it should be his dental practice, which is,
he's the only one that's proven his caSe, at least to me, and
he~s proven his case very successfully, that he'dese:rves to go in
there, and what he's basically' saying is he Wants to go o\,:J,tand
f1nd another person, and lli2. will make that determination.
, "
MR. FORD-Well, he will make that deter~ination according to the
guidelines that we put in our motion, in the variance.
MR. CARVIN-Yes, and what I'm saying is, the guidelines in our
motion are not going to be, you just won't be able to cover all
of the things, because we have a lot of time struggle just coming
to a consensus here.
MR. KARPELES-I don't know as I understand exactly what you're
proposing. You're proposing that we grant a variance to the
Dóctor, and that if anyone Wants to rent the other part of the
building, they have to come backhére? ' ,
MR. CARVIN-They have to come back hete, and I don't think that
that's an unreasoriable request.
MR. MARESCO-Dr. Orban, I have a question also. This list that
you submitted to us, this is the extent of the professionals that
you would consider, basically, all of this here?
DR. ORBAN-torrect.
MR. MARESCO-Okay.
DR. ORBAN-And could I make a point of clarification, with regard
to the previous discussion? The issue of what would be allowed
in there does apply fot me for the entire building, n'ot, Just for
that posterior one,thirdof the building. The reason being that,
if I need to sell the building, the entire building, for e~amþle,
lets just say, five years from now, we sell it. I can't wait
around fdt a dentist to buy it. I need tò have a specific se~ of
criteria as to who els8 might buy that building, without s~~ding
them back, and go through the process. Once again, it would be
unsalable.
MR. CAR'VIN-And that's the part that I'm object¡ rig to'. Because he
may be able to sell that, I don't know, five years from now,
maybe that property is now usable for a residential area, and
what ~ saying is that he wants to have a wide open field,
essentially, so thát he has a guarantèed market, so that he
doesn't necessarily get stuck with the property, and I use the
term "stuck" vefY mildly or loosely, like 'the current owner.
Rémember. He doesn't own the property, at thl$ point.
MR. MARESCO-I think there's a difference, though, between the
current owner and what Dr. Orban is proposing. It's only going
to be a professional building. There will be no commercial
- 11 -
entities going in there. It'll be strictly professional, and if
we word it in such a way that we can control the type of
professionals that will be using that building, I think we'd have
some control over '~.
MR. CARVIN-I'm waiting for somebody to take a shot at wording it.
I mean, if you ,have the wording, lets hear it, because my
argument rides on how you write this particular variance.
MR. FORD-Well, without recommending a motion, I find that even
this lengthy list may, in fact, be too confining. We're going
with a number of recommended job titles that, and our appeal,
here, and our jurisdiction will carryon for decades to come.
MR. CARVIN-That's correct.
MR. FORD-And, you know, at some point, there may not be such a
thing as someone engaged in billing service, or some of these
other ~reas. I think that we ought to go back t6 the broader
interpretation as indicated in the professional occupations
definitions and exclude those that we have previously agreed to.
MR. CARVIN-Yes, and I'm saying the simplest way to address this
is to grant Dr. Orban his variance and leave it at that. In
other words, don't try to complicate the situation, and as those
other uses come to the surface, let them come before this Board
and the community and prove their merit to go into a residential
zone, and that's âll I'm saying.
MR. FORD-In other words, you're recommending
designated professional for as long as the.
that it be
MR. MARESCO-No, not professional, strictly dentistry, nothing
else.
MR. CARVIN-I'm saying that I'm more than willing to grant Dr.
I
Orban a Use Varlanqeon that particular piece of property for his
dental practice.
"
MR. MENTER-We're all talking about limiting a variance. We're
talking about limiting either whåt he is additionally allowed to
put in there with that use, or limiting it strictly to dentistry,
but it's a limit either way. '
MR. MARESCO-We could be limiting to just this here on this list.
MR. CARVIN-Yes, and what I'm saying is that it's a residential,
and that's the whole reason for variances, and I'm not arguing
the fact that he doesn't, he meets all the criteria for a ,Use
Variance, but he's just asking us for maximum relief because
wants a scuttle hole, five years down the line, if he should
happen to decide to sell the property, and I'm saying that we
can't build that scuttle hole' into this particular variance.
MR. FORD-Without going that far, I think we are also pretty much
confining that property to its current use for years to come,
possibly, by not coming up with some sort of an accommodation.
MR. CARVIN-That's not 0,". Orban's problem. That is the owner's
problem. He does not own this property. What Dr. Orban is
trying to do is eliminate this problem that the current owner has
if he should happen to buy the property, and, I mean, that's not
a problem of the variance.
MR. FORD-It's within our purview to address that~ though.
MR. CARVIN~Yes, and I'm saying that we have to address
minimum st~ndpoint, and what you're trying to do is
maximum relief.
it from a
give him
- 12 -
--.-/
MR. FORD-No. I'm not trying to do that.
MR. CARVIN-I'm just sayi~g, the impression that I'mgetti~g is
that we're trying to give him a maximum relief.
MR. FORD-I'm trying to loOk at the c~rrent µse and give some sort
of structure by defi~ition, 'as to what would be an appropriate
use for that.
MR. CARVIN-And unless we see them actuallyco~e before us, we
can't ever addréss that. We, can't answer it. We can't
anticipate all the uses that may come UP in t~e next five, ten or
twenty yea'"s.
MR. MENTER-I agree that the uses are, wouldn't be fafr t6the
neighbors as they're written, or professional builder,
p~ofessiónal services, as they're in théCode. I thin~ th~t's
way too general. I agree. So, you know,fatling back on that
would, certainly wouldn't work for me.
MR. KARPELE$-Well, D'". Orban didn't 'go along with that anyway.
That wasn't agreeable, to him, if 1 remember right.
DR. ORBAN:"'What was not agreeable to me was to limit it tó these
önes that are specifically listed in 'that Code. What was
óbjeètiona.ble to the Board was the o~en ended nature of the Code.
Mr. Ford brought up, will ì accept any licensed professional in
the State of New York, and I said I would conditionally accept
that, ,based on further review. I hadn't looked into that. I can
s~e that there are ~any things that I ~ouldn't even want to see
go in there, with appropriate respect to the neighborhood, that
would be considered licensed under the State of New York. I also
limit mysélf to, onè example is an attorney, ;who I think would be
an appropriate use for that, that are not licensed. So under
those, under that wording, from both of our points of view, I
thought would not be appropr~ate. So we' were really trying, to
define a list, where .it ended the làsttime. I have done that
for you. I'll stand on my letter and my list. The neighborhood
objection was to retail and commercial and industrial use. We've
narrowed'it far, far dòWn from that.
MR. CARVIN-So I guess we still come back'to the same spot.
MR. FORD-Fred, would you please address any on this list that you
have difficulty with, as bein~ included, ten o~ fifteen y~ars
down the road.
,MR. CÞ,tRvìN-I don't know any of the individual businesses., I'm
looking at professio~s. Do you know what I'm saying? Now he
says Accounta~t. Well, you could have ~n,Accountant that has 35
sub people. You don't know the traffic imþact of an accountant
is. I'm just saying, you could have èn ,ccountant that has 35 or
40 people working for him, that has a negative impact. You could
have, I don't know, like I said, you could probably put a
brokerage firm under the definition of financial planner. You
could proba.bly have 35 brokers and all their assundries folks in
and out. I don't know if any of these take on: an odious factor
in the future, Maybe all of a sudden accountants are worse,than
builders.
DR. ORBAN-Could I address the numbers that are being mentioned?
MR. CARVIN-No. This is discussion on the Board. So I'm not
entertaining any public comment. I'm just saying that, if I know
what accountant, or if I kno~ what financial planner, then at
least it puts it to the public scrutiny, and they may be abl~ to
piove their case as outlined by our criteria. It may be a unique
situ.ation. They may not be able to realize an adequate return.
They just have to go through the same things that Dr. Orban went
through, and that's all I'm saying.
'- 13 -
-..../
MR. FORD-I believe that it is coming under public scrutiny right
now, and we need to make that determination.
MR. CARVIN-~ is.
MR. FORD-The property is.
MR. CARVIN-Yes, but what ~ saying is, he's just asking that he
be the guy that does the job five years from now, and not the
community.
MS. CIPPERLY-Another approach to this would be to limit things to
something where there would be no increase in need for parking
spaces or, you seem to be looking at the intensity of the site.
, ,
MR. CARVíN-I don't~now what the issues are five years from now.
I mean, maybe there's no cars five years from now.
MS. CIPPERLY-And that's something the Planning Board could
address under site plan review.
MR. CARVI~-Yes. Again, I'm just saying that, I still come down
to, as Mr. Dusek ha~ aptly pointed out, three alternativ.shere.
Either Dr. Orban can pull his appliçation because he,doesn't.feel
that he's going to get the latitude that he needs to close ori the
property, and that certainly is his prerogative.. Number Two, we
can grant Dr. Orban a variance for his use, or, Three, you
gentlemen can come up with the Rue Goldberg solution. In other
words, you can, you know, adapt, mend, stretch this thing in any
direction you care to, and if it's option number three, I will
entertain a motion to give you the definitions. I don't know,
Dr. Orban, do you have any thought of pulling your application, I
mean, through the process of elimination?
DR. ORBAN-No. I don't have any thought of pulling my
application. I would like to address the issue of 35 cars, and
as Ms. Cipperly brought up, that (lost word) possible situation.
The cars disappear five years from now, then that issue is (lost
wor d) .
MR. CARVIN-You have no intent of pulling your application" at
this point.
DR. ORBAN-At this time, no, I don't. I will suggest a wording,
if you want.
MR. CARVIN-That's what I'm asking this Board to do. That's ~
job. So, I'm leaving it to your discretion, Geritlemen.
MR. FORD-I would l¡ke to ask Dr. Orban to come up with a
recommendation, in as much as he has already submitted a list.
DR. ORBAN-If we could refer to my letter of March 5, third
paragraph, with the wording that I had proposed, under the term
"Professional Use ,Occupation". I would seek a Use Variance for
Professional Use Occupancy, incl~ding this list. TYpe it right
in. Any other consideratibns be brought ba6k to this Board for
regular appeal process.
MR. MENTER-Bob, whåt do ~ think?
MR. KARPELES-I can see both sides, here, but'I feel the same way
that I felt last time we met, that we've got to come up with
something to keep that b4ilding from deteriorating any farther
than it is, and I think he's come up with a fairly reasonable
list. I think there are a few categories that I would question.
I'd question 'an Adjustor, just' becáuse I think it's too broad a
category. A billing service, again, I think is too broad, and
business consultant's too broad. Foundation offices, I can see a
Woodsman of ,the World, or som~thing in there. Marketing
- 14 -
-----
-.../'
¢ónsultant's too broad. Notary public,
might have a lot of tráffic, a notary
people in and out all the while. The
satisfactory to me.
I would think
public. You
rest of them
that that
could have
a'"e pretty
DR. ORBAN-Could you repeat those, plea~e?
MRi. KARPELES-Adjustór, billing s~rvi¢e, business' ¿ónsultant,
foundation offices, marketin9 consultant, and notary public.
DR. ORBA~-Billing service was the allowed use with the last
owner.
MR. KARPELES-Well, I just don't know, rea'lly, what a billing,
that could be a collection agency or something l.ike 1;.hat.
DR. ORBAN-That's a collection agency.
1 isted he'"e.
Thât would have been
MR. KARPELES-Well, I don't know, I thirik that maybe it could be,
and this gets back to what Fred is saying is t,hat, you could
interpret that. as being a collection agency.
MR. ¿ARVIN-I M~an\~is a book~eeper anaccountânt, or an actuary?
SÜpposé I'm running 'a bookkeeping service? '1 mean, bookkeeping
is' not cov'ered under e1 ther one of those' deflni tions.
DR.' ORBAN-I have bodkkeeper on here a~ ,~ separate item.
willing to strike ~btary public, foundation offices,
service.
I'd be
bi 11 i ng
~R. CA~0IN-I don't seé a þoókkeéper~
actuary.
I $ee an accountant or
MR. FORD-You'd like to keep on adjustor, business consultant?
Q~. ORBAN-I'm still ¿o'nsider ing.
MR. FORD-Okay.
DR. ORBAN-I'd like to add bookkeeper.
MR. KARPELES-You missed it?
MR. CARVIN-Well, see,
others have we missed
or that the community
use?
I mean, that's what I'm sayinþ. How many
that might be $u¡table, or that might be,
might find a better use, or more acceptable
"
bR. QRBAN-We can define that right now.
Iican strike adjustor.
¡
MS. CIPPER~Y-So they can come in again, if they,want something
that's not on the, ¡ist.
MR. CARVIN-But if you don't have a lIst, they all ha0e to come
in. Then my argument right a16ng is that, onceyeu give a list,
you're giving him the ability that other people don't have.
DR. ORBAN-The considerations for business consultant and
marketing consultant really are 'consulting agencies. What could
you possibly stick in there, but they are consulting services,
how to set up a b~~iness, get financing for a busiriess. That's
what that is. That's w~atthat refers to. I don't look ~t that
ås that open ended. Those are consulting services with an öffice
a~d ~omebody, discus~ion goes back and'fórth, phone calls go out,
and ,correspondencé goes out,' and that ~s what's i \"Jvolved in those
services.
MR, CARVIN-Tom, if you're n the process of formatting a'motion,
or you want to thrash th s out, because this was really an
I i _ 15 _
--./
-
unlisted item, and because of the length of our agenda, I don't
think we need to do this at this point. We should put this to
the end, if we're going to be formatting a situation here. I
mean, you know, maybe Dr. Orban, if he wants to write the
variance, while we go on to other business matters here, maybe he
can structure that, instead of getting involved with this.
MR. FORD-I think that's a good idea.
MR. KARPELES-Yes. That's a good idea.
MR. FORD-Certainly would be glad to entertain that.
MR. CARVIN-8ecau~e I, think you've got to get your
straight, and I think that this is going to re~uire
time.
definitions
a lot more
MR. FORD-I agree with that.
MR. MARTIN-Fred, as a suggestion, maybe a five minute break, so
Tom's not distracted while he's hearing the next application, and
Dr. Orban doesn't have to wait around until the end of the
ro.~~~ i ng., " ,,!'1 I :i'l: ,',
'l~bR: 0~BAN:-.-¡'~:¡bé\.Jiì'lifl9 ¡ tò:~~1If';:4Ptil th~,e9d¡t:Ó"! get 'i1:.'1:.6, the
,:f'¡¡n~l , '.' , ¡:, , "
':,':',:-':"''''': 'r;' ~ .:,. :.-,i'J·' ,-:> ,.'1"1,." -:j",'r,'
MR';., CA~V1N-t think'\f ,1/.fE?'r8(golng"tÇ>, èaveatt;.his motioT)~
we want to make sure that òur boat's pretty' fight, that
no water leaking in this.
, I
I think
t;.'here's
'.
MR. MARTIN-That's what I thought. Tom would not be distracted by
the next application. He could sit without any distract.ions.
MR. CARVIN-I'm just pointing out that Dr. Orban seems to be
writing the motion, and he's saying what he can'and doesn't ~ant,
so maybe he can get that, and we can dovetail this a little bit
later, because I think we do have quite a bit of oth~r business
to go on here. I don't;. want to get boggeq down in semantics of
what this is or what that is at thié pòint. I me~n, if we're
writing a motion, either he writes it or we 'write it, and if
we're writing it, 'we should have had it written by ~oW, because
that was the whole intent here.
MR. MARTIN-Okay.
MR. FORD-I would like to put it off, and I agree, whether he
writes it or we write it, ánd I think we need to have ample
discussion on it, so we truly underst~nd what we're getting
ourselves and the community and Dr. Orban into.
MR. CARVIN-This is just not a bandaid situation, here. So, if
there's no problem, what we'll do is we'll put this to the end of
the agenda and move on. Is thete any problem with that, Paul?
MR. DUSEK-No, not at all.
;..j' :',JC' ;;'¡ ,j
MR. CARVIN-Okay. All right, before we do go on to the next item
of business, I think we havi two, basically, I think almost
interrelated items here, with the Dorothy Hodgkins Area Variance
and the John P. Cushing Notice of Appeal. I've Qiven this a lot
of thought, as to which one we should hear first, because I think
either way we go we have a. choice between the lady or the tiger,
and I'm going to, I gUess, entirtain some thoughts as to which
the Board would prefer to hear first. Is there any thoughts? I
mean, you all knþw the issues here. I'm assuming everybody's
read the minutes, visited thi site and is familiar with this
particular situation., .
MR. MARE$CO-I think we should go with Cushing first.
, - 16 -
'"--'
-.'
"
MR. KARPELES-I agree.
MR: .~ARESCO-Find out wha~ we're doinéw~th that.
'even get to the other one.
We 'might not
MR. CARVIN-Okay. Is tha~ the Board's opinion?
MR. KARPELES-That's my opinion.
MR. THOMAS-Yes.
MR. FORD-I, too,
ODe or more of
Var Hmcé, might
with that first,
have given it a lot of thought, and I think that
the possible ~olutions, as we address the Area
address Mr. tushi ngs ~ Appeal, but I ' mi 1îd 90i ng
I really don't.
MR. CARVIN-Okay. Is that the general opinion, then, 4hat w~'ll
hear the Cushing Appeal first? All right. Then we will hear'the
O¡d Busine~$, N04ice of Appeal No. ~-95, John P. Cushing~
OLQ BUSINESS:
NOTICE OF APPEAL NO. 3-95 JOHN P. CUSHING APPEAL BY JOHN P.
CU$HING REGARDING PROPERTY OWNED BY DOROTHY HODGKINS, CL.E;VERDALE,
A$SERTING THAT tÙRRENT'$ITUATION VIOLATES $e:CTION 179~12C,~HICH
STATES THAT THERE SHALL BE NO MORE THAN ONE (1) PRINCIPAL
BUI~DING IN A RESIDENTIAL ZONE ON ANY SI~GLE LOT L.E~$ THAN TWO
(2). ACRE$ IN SIZE. LOCATION:' TAX MAþ NO. 13-1-10, 'CLEVERDALE
ROAD
JOHN CUSHING, PRESENT
"
,
MR. THOMAS-It's just the decision, that's all.
M~. CARVIN-Is it just the de¿ision?
',' :;,::.t
MR. THOMAS-Yes. We already heard the Aþpeal.
MR. CARVIN-Okåy. I think I left the pUblic hearing open on this,
,if memory serves correct. I don't remember. I vagu~lý remember
1eavingthe ,pUblic ~eàring ¿pen. Okay. The public he~ring is
6pen. 'Well, ~e were originally going to hear this ,March 7th, at
which point, we will render a decision. The public heãring is
open. So I will entertain public comment at that point. Qkay.
Then the public hearing is open. We tabled this for a decision,
but because the public hearing is still open, I will ,entertain
any public" comment. Are there any letters that have been
feceived since ~hat meeting?
MR. THOMAS-No. Nó'new correspondence.
MR. CARVIN~OkaY., Th. public h~aring is open, So I will entertain
any ,comments f+o~ anyone wishing to speak in favor of the
àpÞlicant.
PUBLIC HEARING OPEN
MR. CARYIN-AIl right.
to the appliçant?
Anyone wish1~g to be heard in opposition
JOHN HODGKIN5, III
M,R. HODGKINS-My name is John Hodg!<i ns. My mother owns the
property up on Cleverdale that's bei n9 disçussed here. '. I do have
quite a few things I'd like to discuss'tonight, as far as this
application that John Cushing has Py1;. in. I'd liké to start off
with some of the comments that ~r. Cu~hing made at the prévious
meeting. I guess before I'll do, that, the meeting the last.time
was quite long. I know ~ temper got a little bit strong, and I
do apologize for that at this time. To continue on here, I went
- 17 -
'",--,,"
down through his comments, and a few of them I want you to note.
Mr. Cus~ing took the opportunity to note some çomments that were
made by our family, and some activities that have tak~n place,
and I just wanted to refer back to some comments that "he has made
now. As we look bac~ through the minutes, you'll find out that,
in going to the Town, 'the Town Planning Department, they found
out all the activities that we're undertaking on our garage were,
in fact, legal, that we had properly gotten our permits in place,
that we are, it's a conforming structure, that there's two
separate constructions o,n this garagE;!, and the first one was a
garage wIth storage. That was all done properly. The second was
a seco~d permit, as' required, and that ~erm¡t was also, as
required by the law, and I think Jim woUld attest to that. A few
of the conversation, he does mention tight in this thing,
everything was legal. He also, let me back up a little. He also
mentionêd a numb~r òf things. He said a number of other rules
have been broken in this area, but when the residents do not
follow the rules, and the governing bodies let them slide
through, then we'll have unregulated growth and it's detrimental
to all the residents. Jim Martin, are you a~are of any other
things that are undertaken in our community that's been brought
to your attention that's breaking the rules?
MR. MARTIN-We, make
compliance with the
Codes "
every effort to make
lòcalCodes as well as
sure things
the State
are in
BUilding
MR. HODGKIN$-I haven't heard of anything else that's come up. It
also says that we, and I mean most ,of the resident~ of
Cleverdale, have been'de6elvedbY my family. I've talked' to a
number of the residents, and some of the residents don't know
Jack Cushing. Other ones, say he does not represent them, and I
think there's a number of people that have come forward to us and
said this is a, truly, it's just not true. Again, he says he
went to the Zoning Offic~ and looked at the þlans, 'and all was in
order, and these are his words, insofar as the Code was
concerned. He also makes sli'ght comme,nts as, it's all legal the
Town, so we watched in dismay, and our neighbors watched in
comment, and we cried silently. I might add, never a word from
the Hodgkins'. Conv~rsation is a two way street, Gentlemen. If
someone, I don't know what was expected from mi parents at the
time. They had talked to them about, they were going to put
construction at different times. A'simple W~lk over and say,
hey, what are you doing. I guess nobody knew anything was
proposed here. I also have to take notice here that he started
quoting my father, and I think it's i~ poor taste to quote
someone that cannot sit here and defend their quote, and not
complete th~ir quote. We're getting into the original variance,
when you request that Mr. Turner asked, I would like to have one
comment on the remarks made by the,Staff about your garage. Is
there intent that that is going tò bE;! made into sleeping quarters
upstairs? Mr. Cushing only (lost word) a little bit of a half
truth here, and decided to stop ,this quote at thE;! most
appropriate moment. It's ver9 difficult when someone here cannot
continue their conversatio~. I think it's in very poor taste,
and aéain, I will read that again, andth,is is how far he went.
At the present time, it coUld be u$éd, at the present time. It
was puti~ for storage in a ~arage. You've got two cars and it's
also a great place to store a boat and I might add, right here,
that the, year and a half that the building has been there,
there's never been a car seen inside. Now, he stopped at "a
great place for a boat". Lets continue. "But that is not the
intent at the moment. At some point, if our,kids come up, they
mi~ht sleep up there, but at the present time, there are no bath
facilities in there. I believe the general thing of it is, up
here, as long as there is no kitchen, anq if there is no intent
of ever having a kitchen, this would not be m~de into a second
residence". And I do have the tape here of that night. Mr.
Turner also repeats, second residen~e, as my father issáying
those words. 'I would assume that m~~ns that he was¿leat of what
- 18 -
-..--
'-
my father was saYlflg, that'it, would Dotoe made into a second
Yesidence. Thät was only thebne t1~~~that,this Bþard has heard
th~ 'term "se¿ond ~~side"6e", ~nd'that ihe kit6hen, if there"~ no
ki t¢hen., YOU, do not have a second residence. He goes on,' I'll
continue his last quote; ¡tsays, "t' might ~dd right here in'the
yéarand a half the bullding'sbeen up, th~~e's neVer been a car
iriside~. Well, the last two wintef§~ 'there has been a boat
in~ide, and I think three me~bers were wit~ me the other day and
saw th~ ,boats inside that garage. The garage was built in the
winter. It Was completed lri t~e ~inter. "~y mother lives in
Lå:th~m. She çloesn' t keep her car 50 mi les away from her home.
The boat,w~sk~Ptin there.' This past year, the garage was under
cÖnstruction. there was no room for' a car to be put ,in' the'"e
,while you're und.~ con~trUc£ion. On jul~ 2~th thep~rmitfor the
CO was issued. The othe~ house was starting ,to be, emptied out,
arid'that's what,~ou Sa~ in the garage. 'I thf~k you saw t~~t out
'there the other day. "r think that's: very important. So there
oas been, just, as my father said. 'it's '~ 'great place for a boat.
J~nd I'think yoµ Saw that there.wa~ a bo~t inside that garage, and
he also said, the only thin~s í want to quote. Well, th.t's very
convenient. There's a fe~ other things I'll quote. He confirms
a few things for us here. "The dictionary states that a house is
a structure serving as a dwelling." Well, house is not a defined
term~in our Cod~ book, but "Dwelling" is, a "bwelling Unit" is.
H~ålso confirms that there's not a stove in there. It may not
have a stove yet, and I don't think anyone in there saw a stove
or & kitchen area that wal~ed through that building. ,He, çonfirms
, . . . . .'" ;, I' , . . ' . . !;. I.. ! . .
that he knows there's 50 amp fuses. Well I'll tell you rlght
pow, ,that 50,' amp fU$e~go do~n to a fuse. That 50 amp
breaker that is in th~re i~ the main power line that goes down to
the other ho~ée, 'and yoúc~n confirm that. He cont1nµál1~ uses
the word 'iresidence", a '¡riesidence". Residence is nota defined
te~m hefe: Residence is a~are~, Waterfrorit'Residential.' .There
is' no defined term "residence'i, and the term "residencè" is not
u~~d i~ there. to continue on, Waterfront Residential, ~rincipal
,'bu¡lding, a single family dwelling, dwelling unit, a building or
'por,tion thereof providi'ng compl~te housekeeping facilities for
one family. Does any member of the Board. here not have aki'tçhen
in thel r hòuse? Does any member of the audience he'"e not have a
kitchen in their house~ Does any~ne know ariyone who doesn't have
a'kitchen in theirhouse¿ I'm sorr~.' I think the definition is
very clear of what á dwelling unit is. It ~as a kitchen. Also,
, ,',' ,¡
under Waterfront Residential, all our zoning areas are divided
'into certain sections, an4 we have uses, and accessorY, uses.
~Accessory Use", under Definition in our zoning b06~, "A use
'6~stomaril~ incidental and subordinate 'to the character' of ' the
permitted principal use 'or a principal building. Customary,
commonl y pr acficed as ' a matter of course. Gentlemef), this is
Cleverdale. Everyone of those red maiks is a separate building.
It has a main house, a dwelling unit'~and a second building, be
it a garage, be it a totally sepa'"ate building, be it á "boat
housethet' has bedr90ms ,in a bath in them. 'I think that's
customarily endvery'cQn~istent with Waterfrònt Residential 'as an
,Accessory Use. Jim' Martin said on Dvmerous occasion~ that this
'~a~ acceptable. If we go back t~ ~Qvember 12, 1993._~ow this
letter wasi'ri the Hodgkins' fil,e before the variance wa$ issued
for the house. A letter from Jim Martin £0 John Hodgkjf)s, Sr.,
my 'father, advised him that in~tallation of bathiooms, bedrooms,
etc., is okay with proper ~~+mits, b0t a kitchen is not allowed
Inth'e structure as it w,ould constitute a second dwelling unit on
t.be property. That's, right. from the professional that tl)e Town
hires to dec,ide 'on these things. Again, on Mar¿h 16, 1994,
Varianc~ approval by the ZBA for my pare~ts vari~nce. During
that approval, the question was asked, in front of you gentle~en,
would there ever be use of the upstairs for sleeping quarters?
Not at that time, bvt the answer was yes, if our kids~ at some
point, if our kids com~ up here. Well, you know, I don't know
what anyone calls present. but my father i$ n'6t present anymore.
So time has g,one on, and things do change, ånd at that point they
were saying, at some point if our kids come up, they might sleep
- 19 -
--
up there. I believe the general thing is, up there, and I,
obviously, gotten a ruling from this Town, I believe the general
thing is, up the~e, as long as there is no kitchen, and if there
is no intent of ever having a kitchen, this would not be made
into a second residence. A specifIc question by a member of this
Board, which ~ou all heard, no objection from this Board, that
this would not be ,proper use of that facility. I thi~k if we
(lost word) a f~w of you have seen it, I do know that I think
four of you have been in the building to see what's in there.
This structure has not changed at all since the CO was issued, in
Julyof the ~ast year, ~jx month~ ,go, s~ven months ago. This
house has not been occupied since the end of October, Gentlemen.
The water gets turned off. This is a su~mef residence. The
timeliness of this meeting is also in concern. I think you'll
agree that this is the original plan that wa~ submitted to the
Building Department, which they accepted, which they went through
and did all their checking to make sure the insulation was
proper, tne wall board was proper, the electrical was proper,
comments come out that there's wall plugs in the upper. Of
course there's wall plugs. The wiring is proþer. It's Pl,lt in
properly. There's a telephone jack in every room. I don't know
if anyone's done any modern construction, but it's awful cheap to
throw in wires eve~ywhere.' In the bathroom thete's a telephone
jack. Everything goes all the way across the Board. It's
exactly what' we said 'thiè would be. There's no difference.
There is no kitchen. I haven't found anybody that buys a home
that has a hot plat~, sitting in the middle of their laundry room
and calls that their kitchen or a full living system. This is a,
it's kind of ludicrous. Anyone can find anyone that has a home
without a kitchen, they would be the rare exception. I think
it's caused, this whole turn of events here, has .caused us a lot
of trouble. We have one mo'"e time that this whole thing was
decided that this is not a problem, that this does conform with
our zoning laws. Jim Martin's letter confirms, in writing to
Jack Cushing, that the structure's consistent with co issued.
Jim Martin had a member of his Staff go up there and lóok through
this building. They saw the original plans. They knew it had
gone in that building originally, They decided ,that this was
exactly what was put In, exactly (lost word). My question to
everyone is, who do we come to as a community to say what can be
built, what can't be bUilt? It's getting mighty confusing around
here right now. We walk in. We read the laws. I think I
interpreted that law, as well as anyone can, been through this
book at least 20 times over here in the last three days. It's up
to date. I bought it on Monday and just kept on going through
it. I decided that I better not take a chance on the pages I've
gotten copied in different locations (lost word) from everywhere.
At the last meeti~g, people were bringing up housekeeping
facilities, tourist attractions. I'm sorry. We're talking about
Waterfront Residential. That goes for less than a page and a
half of information that comes up there. Not one of those terms
is located in there. It's very specific about what Waterfront
Residential, it's not for rental units. It's not for transi~nts.
It's not ¿ommercial property. It's just how we're l,Ising it, and
I'll leave you with this. I've been OD Cleverdale all my life.
My grandparents bought two places onCleverdale ,back in the early
1950's. My grandfather and my grandmother bou~htone house over
on the east side ,of the Point, just pa~t the church, which in
fact has a main house, a garage, and it also has a þoathouse with
the two bedrooms and a bathroom above them. As we gr~w up, a9d I
was born in 1958. we would ~o up there as a family. My uncle,
who was much young~r, would use the boathouse. I understand, as a
party room, and when I was two years old, my grandfather passed
on. We go through the 60's, as I was growing up, my family would
go on the boat. My grandmothe~ used the upper house. My uncle
and his family woulci share part óf that, and my. family wOl,lld go
down ihtothe boathouse. It was a weekend type thing. This is
how it was used. When I got in m~ teens, all of a sudden my
brother and I took over the boathouse and we'd have our friends
up and enjoy it. At breakfast, you'd all go up to the main hpuse
- 20 -
-----
..--
to eat. At dinner'time, you'd all eat in the main house. You'd
'i~are the dock together.You~d share all the privileges of the
property. You ,were .all the~e together as a family. When I got
older, when I fir~t got married, my wife. and I came up and we
would stay, up fòr- part of' the summer. We'd gO into the
boathouse. A young married couple has their privacy. We'd go up
and shàre meals, share the dock, share the boat, enjoy ourselves.
These are summer places. TheY are not year' round use. It,'s a
typi6al' use that comes u~' in this area. More recently,
everything comes in cycles~ and a few Years back~ my grandmother
died. My uncle and my father owned the,two ,pieces of property
together. Time J;,o split them UP , because løgall)( you're going to
get into a mess if someOne else passe¿away, My mother and
father toqk the piece of property with all the land, and no
house, ver~ $mall, a dock and a 600 square foot house. The
thoGghtwas, we will enlar~e the house, g~t ourselves" put our
garage in and use this as our summer place, as we gO th~ough our
retirement years, with the same thoughts in mind that their
fami ly wi I r come up. My §ister's out in' Georgia". She has two
children. My brother lives in Clifton Park. ~e has two
children. I live here in Oueensbuiy with a child. They put up
the garage. As,my father stated, they have room to store things,
room to sleep.' '~h~t g~rage is in fro~t of you, Gentlemen,
~bviously, ju~t like it lo~ks~ow, from~heoutside, when you
gave us the last variance. My son was four years old when my
father ,died. He còm'es up in the fall. When my mother decided to
put the· garage up, obvíously', she couldnjt complete the house.
It was foQr days from ~owJ This was'the last meeting, March
22nd,was the" last meeting my f¡ither came toto the Planning
Board for site plån revièw. Four days later he passed' on. My
mother was, obviously, in no position to take a big undertaking
and decide what's goi ng to ~appeÎ1 with the other house, but a
couple of months later she said, 1 need room to put this
~ogether. I can't be under 60nstruction all summer. She went to
the TQwn again and said, can t, what can í do? Can I Rut this
up? ,rhe answer is, yes. You can't have a kitchen. There's no
kitchèn up there. She constructed the house. She 60nstructed
that,;P4t 1t together, and this fall she decided, I think I will
continue to put the house up, so we have ,room for everYone. My
son and I, over September, while the hoµse was open, yes, we came
l,lP. . Typically, after Labor Day, we would close down the othe)'
house. There was no insulation. The heat was just the i950's
base board. It's really not a winterized place to stay. Of
course. we went' up to the garage. It's brand new. It's got
electric heat, it's insulated and it~s in great ~hape. We took
åll the furnishings out of the other house, stored them in the
garage, and continue on. We started construction. The ~ycle
continues. As I think I've proved, this is '. typical use up
here. It's an accessory use, a~d that's by Code accessory use.
It's customary, and there's a number of people in this audience
right now, I know, that have these places on their residence. and
their residential area. I think one other consideration you have
to' look at, we got our CQ back on July 29th. That ba6k dates how
many months? Are you ,going to back date everyoneèlse?' How far
are goi ng I to' go back. ' 1975 0)' whatever, ,when zoni ng started?
Consider everybody's?, I mean, you're! askin9. a lot,. You' gQ back
wben CO's have already been i~sue~. I t~irik itis the proper
deciiion by Jim Martin. I think he made the proper choice. I
" alsok"now that, previous to Jim Martin, for the number of years
b~fore that, the exact same choice' was made, because it's always
been around that if you put a kitchen, you're in violation, and
if the Assessor finds'out you put a kitchen,' you're in trouble.
,There's 2b some odd places on this lake shore. I
MRS. HODGkINS-I'm Dorothy Hodgkins. I'm very upset.' I know you
all realize that. I wrote a letter t6 Mr. Paul Ousek, and if
YOU'p like me to, I'm sure you've seen a copy of it, if you
haven't. I was waiting for an answer. Did,you answer my letter?
MR. DUSEK-No, I did not. I have not had an opportunity yet. In
- 21 -
fact, to be honest with you, I haven't even had a chance to study
it carefully, except that I do know that it relates to a question
of some advice I guess I gave to the Board at the la$t meeting.
MRS. HODGKINS-Well, may I read it to them?
MR. DUSEK-It's up to the Board.
MR. CARVIN-Sure.
MRS. HODGKINS-"Dear Mr. Dusek: I understand you made a
detcirmination as to the timeliness of the Cushirigs' Appeal No. 3-
95 regarding my property, Tax Map ID #13-1-10 on Mason Road that
is not in compliance with Zoning Ordinance 179-19D~ I would like
written confirmation as to this fact. I would like to add that
my family has worked ~ery hard to comply with the rules and
regulations as regulated by Mr. James M. Martin whom we feel
follows the (lost word) Zoning Ordinance to the letter of the
law. Attached is a letter sent to my deceased husband by Mr.
Martin, written November 12, 1993." And you have that from the
last meeting. "A building permit for alterations to the second
floor of a garage' was approved 5/23/94. A CO was issued on
7/29/94. Du~ to . an inquiry from Mr. Cushi~~ on 12/13/94, this
facility was re-inspected on 12/15 by Sue Cipperly of Mr.
Martin's office, and it was determined to be the same as of the
date of appeal, 7/29/94'.' Since Zoning Ordinançe 179-98 states
that an appeal may be made within 60 days of decision, we cannot
understand how the above appeal was allowable. Mr. Cushing first
questioned Mr. Martin 137 days after the CO, and filed the appeal
181 days after the CO, not to mention that it was 248 days after
the permit was issUed. I sent a COþy of that to Mrs. Betty
Monahan, Mr. Frederick Champagne, and Mr. James Martin." Do you
have questions you'd like to ask me?
MR. CARVIN-I just have a question.
there prior to this garage?
Was there another garage
MRS. HODGKINS-No.
MR. CARVIN-So this was all new construction. Is that correct?
MRS. HODGKINS-The house is the only building on the Point that is
according to Code from beginning to end, because no variance was
required.
MR. CARVIN~Okay, but there was no existing garage prior. So you
didn't teat anything down?
MRS. HODGKINS-No. We .didn't tear anything down, and trere was no
variance reqÜired' because it met all setbacks,.
MR. CARVIN~Okay, and, originally, you applied for a two story
garage, is that correct?
MRS. HODGKINS-Yes, that's right.
MR. CARVIN-Okay.
MRS. HODGKINS-Any other questions?
MR. CARVIN-No, not at this point" 1 don't h~ve any.
MRS. HODGKINS-I have somebody else I would like to have speak.
MR. HODGKINS-I'd like to make one mote comment on this garage.
Jim, do you know of any other conforming, I mean, this is one
thing on the zoning. This is the only, as far as I know, the
only conformin!;J structure that's" up 'there, and this conforms, as
far as the structure of the garage for setbacks from the lake,
from the side lines, from the road, everything. This is probably
- 22 -
--
--../
the only'one on the P¿int~ on the lake side, on the lake front on
this Point, and if YOU go up and down the street, and you look at
every buildini th~t's on there nonconforms. This is probably one
of the only ones that does conform on the, lake side.
MR. CARVIN-Okay. Anyone else w.ishing to be heard in opposition
to the application?
JIM MEYER
MR. 'HEYER-My name is Jim Meyer, and I happen to be John Hodgkins'
busi ness' partné,"" We' have an operation in the >'Town' of
Queensbury. It pains me to no end to see what they've gone
through with,this particular building. Ai a . business owner, a
manufacturing' Q'p,eration owner, it concerns ~ that decisions can
be made, permits a,nd CO's iS$ued,i n fact, issued, and then,
potentially, revoked 'or revised or mod.ifi,ed. We ,have a gro",Jing
business, a growing concern. We love the Town of Queensbury. We
want to stay here. ' We're committed to'the area, but these '~inds
of things, and maybe this is a little different perspective, but
these are the kinds of things that drive businesses crazy. We're
a manufacturing operation. We have no reason to be here. We can
:be in South Car01ina. We could be in Florida. We could be in
Alaska, if UPS will get to us. Eight exi~llng Jobs, high payjng,
good' futures. My conc.ern is that this be handled fairly. .That
the Hodgkins ha~e d6ne ev~rything by the book. They're the only
thi ns¡¡ up' there, as far as 'r can tell, that ,conforms., It's
custo~ary for thes~ places to. exist, obviously, and to make a
change or. modification at this late date, frankly, shakes my
60rifidence in the Zoning' Board and tha potential future for the
Town of Queensbury. I lIve here,as wel~. "
MR. CARVIN-Okay. Anyone else wishing to be heard? Mr. Cushing?
MR. CUSHING-And I really wasn't go~ng to say anything this
evening, but in view of the fact that we went over the 'minutes a
little bit, Just f01" the sake of letting you know that,.I want to
set the record straight. I agree with the last speaker. It
pains all of us that we're here, the Hodgkins, myself. my wife
and other people, too, and I also would say th~t,yes,we want to
be dealtwithfai1-ly,. ~ want to be dealt with fairly, and I'm
sur, it's in th~ proper hands right now, ~here you've 90t a board
of learned gentlemen who can make the proper evaluations on this
thing and come up fairly. I've heard several times this evening
that there's absolutely no violations anywhere along the line,
and I agree, in m~ original statem¿nts, that there wera no
violations, so far as the garage was concerned, yes, and I said
that the violati,?ns were as a residen?~ ,and w,hen, ¡ "=rhe ,residence
was built, it no longer was a garage and, it was not conforming to
a residence. So I have no objection to them saying that
everything conformed. to the garage, and I also said that, I had
asked the Town about it, and I didn't say any laws were broken.
I said that the Town itself said that, from the Town's point of
view, it was legal, and I said that in , the minutes a.t the last
meeting. So I don't think I've' said anything wrong. Now, John
has stated that I used poor taste. I would hope that I did not.
I have never said anything derogatory on the part of his dad, and
I neve1- wi 11, because Iii ked Jack Hodgki os very, much, and the
day that we went over, that I was asked to go over, act~ally, in
the minutes, and I'll say that very sincerely, in the minutes, I
supported Jack. I supported Mr. Hodgkins on that. I never said
at¡1ything, that was outside, and anything that I sai,d wa~", in
support of his wanting to expand the current house 20 more 'feet
toward our place. I knew the house was small. aod Iknew.that
they needed more room. an~ a~ he had said~o me, w~'re not going
to be any closer to the láke, and in the miriutes that we looked
. t ""! ¡
at, there, I said that both my wife and I viewed positively the
actions that they were taking. That was long before I knew
anything about' the g~rag~, and anything else that I' said
regarding Jack Hodgkins, John Hodgkins, was in the minutes of'the
- 23 -
"-'"
previous meeting, and I just quoted the minutes. So, how I can
be held in poor taste on that score is something else again. I
would never act in poor taste, so far as the gentleman's
concerned. When he referred to a car and a boat, they're two
different animals. I still maintain that there was no car in
there. There' was opportunities as far as the year before, but
that's very, very minor, and very immaterial. Probably I
shouldn't have even mentioned it as an afterthought when it 'was
going through my head. One thing that was said, I made one
comment in there, and I have never been in the house it$elf.
I'Ve never been upstairs. I've never been in the house. So I am
relying on other information that other people have given to me
that had been in the house, and some of the people that were
invited into that house mentioned these things to me. I asked
about a 50 amp outlet in the last meeting, and you gentlemen over
here remember me saying that there was a 50 amp outlet, and the
way I put it, what is a 50 amþ outlet used for~ if not a stove or
welding unit, and I didn't think that it was going to be a
welding unit. It was emphatically denied at the last meeting by
Mr. Hornirig that there was no 50 amp outlet in th~t house, and I
let it go at that. I had to believe him, but that's in the
minutes, and it's right there on Page 29, and if you want to look
in the minutes on Page 29, you'll see where Mr.(e~ Horning said
there was absolutely no 50 amp outlet. Now that's, again, is a
very minor matter, but the point is, tonight John said there i.§. a
50 amp in,there. $0 I was absolutely correct. He did add that
it was going to be used for another P4rpose, but, nevertheless, I
was told that I was wrong, and I just want to set the record
straight. I ,was not wrong. There was a 50 amp outlet in there.
Now, all the arguments that John's making at this particular
point was on the garage before the renovations were made in the
spring of 1994. At that particular time, it changed everything.
It changed everything, because that no longer, as-far as I was
concerned and many other people, it now became a residence, and
again, I would only say to you the intent, intent, intent. What
is 'the intent' on this thing? ' So, I would also agree when john
looked over at Jim Martin and said, do you know of any violations
in this Town anywhere along the line or up on the lak. in
Cleverdale, however he phrased that, a~d Jim said he tries to
conform to 'the State and the mandat'ès all the way through, but
later on, I felt that John countered his own argument when he
said there's nothing but confu.ion in this whole area. Nothing
but confusion àll over the Cleverdale properties, because, and I
would agree right down the line on that statement, that it is
very confusing, and the thing that we've got to have in the very
near future is continuity and things that we can know clearly
before we build, or what we're going to do as to what they are.
SO I'm not going to dig and find anything else. I just wanted to
say, those:Þoints there, and I know I'm the fall guy. I know I'm
coming od heavy, and I've said, I don't suspect the Hodgkins will
ever speðk tome agàin, but so be it. At this particular point
in time, I wanted to try to set \I!X. record straight, and I'm not
on a vendetta. I'm trying very hard, as a matter of fact, at the
last meeting, we chatted outside and I was asked whether or not I
would withdraw the Appeal if the proper things could be worked
out, and I said, possibly. I really don't want to carry this on
to the ultimate 'degree. The lawyer, at that time, said, I wi 11
be back in, touch with you tomorro~ ot the next day, some time in
the next few days, and we'll see if you can't work something out.
I said, fine. that's great. I never heard from anybody and so
that's why we're here tonight. Because I would have entertained
something. The thing that I'm worriè~ about, more than anything
else, future intent, rerttal properties, and having hundreds of
people up there during,the course of time, reryting it out. (lost
word) something to the effect th~t 'it wo~ld not be a rental
property in the future, maybe it could've been worked out. It's
gone beyond that. It's up to the Board t6 make the decision at
this particular point in time. so that's all I wa~ted to say.
Thank you.
- 24 -
-...-
----'
MR. KARPELES-Could '1 ask you a quest ion, 'Mr. Cushi n9,?
MR. CUSHING~Sure.
MR. KARPELES-I wasn't here at the last meeting when you were
here', and I read the minutes. Supposing this Board did decide
that th.is was a principal bui1"ding and agreed with you, wbat's
your proposed solution to tha,t? ,¡
MR. CUSHING-I think that that is fully up to ~he Zoning Board of
Appeals. I'm not an expert.
, .' ! '
MR. KARPELES-You
accomplish.
must ,have something that, yoy intend to
MR. CUSHING-Well, the thi ng that ~."ould be the major thi ng ~ that
it could never be used as,a rerital property. We~ve got eight
grandchildren, and they 'come in: We even have one of them that
comes in regular ly from Alaf?ka. Tha't.'s how muçh they l'i,ke Lake
George, and we would love, to have the grandchildren next door.
We love, children arid we would love to know the~ and be able to do
things, ;ou kno~~as neighbors. We have no ,obJection of, and as
Dorothy said last time, gee whiz, can I have my gir~friend~ . come
over. ' Of course you can, I mean, we wouldn't object to anything
1 i kè that. The major objection ,that we have is that the, ,~hi ng is
bui 1 t for a long term intent, that probabl y it wou¡d be, rented
o~t somewhere along the line, and we would have a lot of
different peopl~ co~ing up there, the bathroom facilities and
kitchen facilities. they said, and that w,s another point th4t I
would make. John made the comment that I cut it off on purpose.
Absolutèly I cui it off on purpose, at the point inifme during
the minutes, for the simple reason, and I explained then, that my
wif~,was going ~o speak on the particulars of the ~itcben, and I
;didn '1;.. ,want to get¡ ¡¡¡to any further discuss,ion on i 1;.. myself
beca4êe she was ,the expert on that, not me~ but, qgain,!I think
it's in good hands~ and the only thing I can comment, what you've
heard is my majo~' concern., Thè building ,isn't going ,io come
down. I know that. The bui Idi ng is, going to , stay there, but I
hope, that it 's raisecf enou~h gues1;..ions that at some, future date,
buildings like, that can't be built,. That there;ll be enough
,consistency and consideration and fairne~s that this is more than
a garage. I don't know if I've answered the question, Mr.
Karpeles. ' '
MR.KARPELES-Yes.
MR. CARVIN-Qkay. Any other questions, Gentlem~n?Ok~y. Anyone
else wishing to be heard? , 1 'm going to kind of put some ground
rules. here, because we'll have rebuttal all evening long. I
would like to ~imit that to just rebut~lng or ' ¿ompleiely new
i~sues. So we don't have th~s counter activity all evening.
MRS. HODGKINS-I understand. For one thjng, I just want to remind
M~. Cushing of one thing'. I spoke to him when he came in
tonight. 1 did feelyou're attacking my integrity when you say
I'm probably ~o¡ng to' 'rent this thing. I hope~ ~pparentlY'J he
doe::¡m't- know mew,ell. I understand that, but. I don't intend to.
I never intende~ to. So that's the thing. The other thing I'd
like ~o,~ay is,althou~h Mr. Cushing h~sn't been i~our garage, I
çan tell YOu why he hasn't been in. He, hasn't been invited,
becau~~ his son w.s in with Building ~nspeciors.He hounded'my
buiider all the time the garagè was being bùilt, and I got 'sick
and tired of it, and that's the bottom line right t~e~e,;and the
other thing is there our 17 steps, I believe, maybe 18, ~rom the
first floor to the second, 17. No way am I carrying food,
preparing food down stairs, and carting it upstairs, bringing
dishes back down, stairs or ever thinking of having a kitche~ in
that kind of set up. I couldn'i handle it, and I don't'think
anybody could, unless they have a servant, and servants aren't
around these days. That was back in my mother-In-laws and my
- 25 -
-/
great grandmother's day, not our days. So I guess, that's, you
saw a t.V. up there. The t.V. is from the house. I'm just
trying to answer questions ahead of time. The television, I
mean, if the kids àre gòing to play'tMere, they may want a t.v.,
but that one happens to be from my house, and the dining room
table was myoId dining room table from home, which we didn't
sell~ fort~nàtely, and I didn't have room in the house for it
here, but it's (lost word) the new house. It's being sort of
stored in my garage at home. It's now up there. I haven't had a
car in a garage, I don't think it's been there. I have a two car
garage at home. My car is outside. I never would think of
putting~ I just don't think of it. Maybe in the winter, if I
have room in my:garage at home, and I have a tWo car garage, I
might, but it's full. I didn't want to dirty the garage because
the furniture was going in it, frqm the otherhouse~ So I saw no
point, when I þut my lawnmówer in, I put it in on 6ardboard,
because I didn't want my garage floor dirtied with the furniture
coming in, and ,I guess that's all I have to say.
MR. HODGKINS-I've just got to correct a couple of things, because
you said I could rebut. Lee corrected me, I did not sayan
outlet, on the 50 am~ butlet. I said a circuit breaker, and
there's a 100a~p circuit breaker, and the only reason' there's a
100 amp circuit bt~aker is because it takes the power. This is
a, under AccessorYVse, it says, subordinate use, and they're all
interconnected. These two buildin~s are dependent on each other.
The power comes into the garage.' The breaker box is in the
garage. It se~ds a line. The line feeds down to the other
house, and it did right from the start. It goes down to the
other house. The' other house sends the water up to the garage.
There is no water in this facility without the other facilities.
So that 100 amp, what I was referring to there, there is no,
there are no plugs in that place for a stove. There are no 220
lines that go in for any stove, and there is no intent on any
stove. Also, on the question of rental, this is Waterfront
Residential, and my ,understanding of how, the only way you can
rent out your reside~ce, as a whole unit. The Cushings rented
out their home as a, their dwelling unit or whatever you want to
call it as, as a whole unit, and I understand that yOU could only
rent out the residence as an entire unit, meaning the principal
building, and the accessory building all at once. You're not
allowed that by the Zoning Ordinanoe, and that's the only way you
can do it by our zoning. So I think all these issues are already
handled, and the use is proper by our zoning. $0 there shouldn't
be any question that comes up. My question is, are you going to
violate the zoning at some time. · Well, I think if we had a
traffic officer in here, he could probably write a ticket to
everyone of us here on assuming that we are going to speed in the
future, but we are not, this is not a simple issue of speeding.
We have no intentions of violating the is~~e, and I hope that
we're not being prosecuted before any items have been violated.
MR. CARVIN-Okay.
original house,
remember?
I just have
what kind of
a couple of questions.
service was in that?
In the
Do you
MR. HODGKINS~The original house?
MR. CARVIN-Yes.
MR. HODGKINS-Sixty amp was in the original house. You're talking
about down there at the lake?
MR. CARVIN~Down at the bottom, down toward the lake.
MR. HODGKINS-Okay. That was a 60 amp vertical service.
MR. CARVIN~Okay, and that never ran through a garage, is that
correct?
- 26 -
.........
---'
MR. HODGKINS~No. The only structures that were on, let me Rut up
a plÇ>t plan.' Okay. Eliminate the gar agß . 'Eliminate the (lost
word). The only thinQ that"was on that house from, 1952. until
1993. So the only, this ,,'1i ttle box of I g~een right here" and
t\1ere is a,little s~oíage:,~þedíight there,., That's the;only
tbingthat's been on that property. My family,bought it in 1952.
So w~at was added in 1993 was the, 'st~~ted\60ns~íuction on the
g.rage in September 9th or so, I think a building , peím~t was
issued.' ' , ' '"
',./' ..
MR. CARVIN-Okay, but let me ask you thi~. Wh~n your or1~inal
g.r age was b,u i It, what was the s¡erv ice at that poi nt?, ' '
MR. HODGKINS-The original garage was built, all the power ,was
brou~ht into that gaíage. The new circuit bí~ake~ was,what~ 15.0
amp service. New wires, the old wires u~ed to be down t~ a pole
in the middle of theyaíd, and the poles (lost wOíd) wires went
down through that area here, and now theservi6e went into the
gaíage, undeígíound, to. the old camp.
MR. CARVIN-Okay, but would it have made more sense to hook the
old house up directly, as opposed to going thíou~h the gar~ge?
Is theíe any practical reason to run thatth~ough the garage?
, ,
MR.THOMAS-Y~s, a second meter on t~e property would be
considered commercial. They'd be pharged a çommercial rate,
which,is aboµt ¿5 percen~ higher than a resid~ntial rate.
MR. CARVIN-Okay. So the most logical way would be to g~ ihrough?
MR. THOMAS-Yes. One mater, one Píemise.
MR. CARVIN-Okay. That's all I wanted to find out.
~nyone else have questions?
, I
Okay. Does
MR. FORD-I have a ~uestion.
acceSSOíY structuíe?
What
I
is the living space in this
MR. HODGKINS-In th~ accessory, it's approximately 930 square feet
of living space. That includes the, laundry, and this is by, we
took all these numbers fr'om, your Ass.essors and we ~askedthem how
~ would add them UP1 okay. So it's, not Å“x. vision, of, hç~ to
add these things up, okay. This whole a~ea is. 72~ squaíe feet,
and this area right he~e is. cons.idered living S.Pace, okay, and
that's. how I'm adding it up. .
MR. FORD-And that's. a total of?
MR. ~ODGKINS-93.o sqµare feet.
MR. FORD-93.o. Okay. That was an acces.s.ory building to a
S.tíuctuíe of how many squaíe feet of living space?
MR. HODGKINS-The original s.tructure was 6.0.0 square feet.
MRS. HODGKINS-There's. still going to be, our plan is, there are
only going to be two bedrooms in the new structure.
MR. FORD-That isn't my point.
MR. HODGKINS-Yes.. Acces.s.ory buildings, though, if you go up and
down and look at acceSSOíY buildings, it's. going to bemuch
larger than the principal purpos.e .building. You could have a
greenhouse on this property. There's. other items that come under
access.ory use, including greenhouses. and boat hous.es.. .our boat
dock alone is. larger than the otheí hous.e, and thos.e are all
accessory, so it's not unusual to have s.ometþing that ,large.
MR. CARVIN-Anything else, anyone, Gentlemen? No? Okay. Anyone
els.e care to be heard? Okay. Hearing no other public comment, I
- 27 -
,
will move to close the public hearing.
PUBLIC HEARING CLOSED
MR. CARVIN-Okay.
MR. THOMAS-l would just like to make one comment, Mr. Chairman.
I did visit the prdpe~ty on or about February 15. 1995, and I did
inspect the property both first and secbnd floor, for the record.
MR. CARVIN-I've been to thé property. I have
I've been to th~ property probably twice, maybe
Iknow~ I'm assuming, Dave, you've been to the
not been inside. Okay. I guess we have all
Gentlemen. Any comments, discussion?
not been in it.
three times, and
property. I've
the information,
MR. MARESCO-Well, I have been in the property also. I really
went around there with a fine tooth comb and they certainly got
all their permits in order, and th'eycertainly went throughall
the legal aspects of it, and I don't think it constitutes a
second residence. I didn't see any kitchen fac1lities or
anything that indicated that there would be a kitchen, per se, in
there.
MR. CARVIN-Okay. Anyone else?
MR. KARPELES-Well, I guess it boils down to whether we agree with
Jim Martin's interpretation of a principal building or not.
That's really the issue, isn't it?
MR. CARVIN-That's the issue. I think the issue is even more
finely tuned to the housekeeping, in other words, 'what is a
dwelling unit, and that's the best that I've been able to come up
with, is, I can read what I have and you gentlemen, and we can
start, if you want, picking that apart, or, okay. The Zoning
Administrator has determined that an approved two story garage is
not being used as a second principal building and, therefore, is
not in violation of Section 179-12C(5). In the way of
background, the construction of a two story garage and storage
space was approved in September of 1993. During testimony in
another unrelated variance request, in March of 1994, it was,
again, emphasized that the principal use of this structure was
going to be a garage and storage area. 'It was also mentioned
that occasional use as a sleeping facility for grandchildren
might be considered. However, the clear indication was that the
building was going to be an accessory use and structure to the
principal residence. However, in 1994, additional modifications
and alterations were made to the accessory structure, raising the
issue of what will be the ultimate principal use of this
structure and accompanying space. Pe1'haps the best way to
address this issue is to determine what the structure is and is
not. Because of the total size of the structure, to the actual
size of the garage area, it does appear it's use as a garage will
be secondary to the overall use of the structure. The remaining
usa,ble space of approximately 900 to 1,000 square feet has been
modified more for human occupancY than ~he storage of materials
or small equipment, which would normally support the use of a
principal structure, as outlined by our definitions for storage
sheds. The construction of the bedroom areas, the addition of
bath and septic facilities, the modification of (lost word)
portals, the upgrading of electrical service and the carpeting of
floors and the actual use by the Hodgkins as living space would
indicate and confirm that the structure is fully capable of
providing complete housekeeping facilities for human occupancy.
Now we could argue the semantics as to what constitutes a
kitchen, or that the electrical units placed at counter level out
of concern for the safety of small children, or that the bath and
septic facilities are normal accessories to storage sheds, but
when taken in total, this structure is fully capable of providing
complete housekeeping facilities, and that the pptentiðl use and
- 28 -
!..../
-.-'
proven use as a dwelling unit is far greàter than the índlcated
use as a storage shed or garage. It is m:><~Ðp¡niq!q; ,t;.,~a;t;. t;.ri§ does
represent, and I'm using the (lost word) second, because I can't
really say it's a second principal use, because at ,this point I
also feel that there is no p1-incipal structure on the property,
,but I do feel.. that this is a pr i ncipal building and, ,therefore,
would be invioiation of Section 179-12C(5). I think that a
kitchen, is more than just the term "kitchen". I think that it is
capable of providing, I think we have to take the whole thirig in
the total. I mean, originally, ther. was no garage there. If we
go back to the original building pe'rmit, they ask for a two story
gara~e and'storage area, and from there I do have definitions of
whatstora~e sheds and storage areas are. I do have definitions
of what gar~ges and so foith are, and this building does not ~eet
either one of those criteria. It d6es meet, I think, the
criteria for full housekeeping facilities.
M,R,. MARTIN-So just so I.:m. clea)-, for future reference,' you're
$ayi~g that a structure with a living area, a bedroom and a
bath~oom has enough components to, adeqyately keep a house for a
family?
MR. CARVIN-I think that there's more to it, Jim. I think, that's
not a definition that ~ know, but I think that you have to
also take into consideration things like heating and insulation
and is it fit and usable for ongoing?
MR. MARTIN-I'm talking about keeping a house, a dwelling, unit,
for a family. Preparation of meals is fundamental to that.
. ~ '
MR. CARVIN-I, don't think that the definition pf kit~henis enough
to preclude it as . living area. Believe me, I've looked through
about 9,000 different dictionaries.
MR. MARTIN-Yes, but that's not what the definit~on call$" it
doesn't spea~ t6 living area. It speaks to complet~ set of~
M,R. CARVIN-Complete housekeeping faci l,i ties.
MR. MARTIN-Right.
MR. CARVIN-And that structure is fully capable, and has been
prove~, to support ~omplete housekeeping facilities.
MRS. HODGKINS-How? When?
MR. HODGkINS-Housekeeping facilities, are not in your book,
eÙ:.her.
'"
MR. CARVIN-That's no~ open to,public discG~sion at this point.
MR. THOMAS-I've got to disagree with you, Fred, on this one. If
it doesn't have a kitchen, it can't support a full ,housekeeping
facility, and that's th, definition, and you'll probably find it
in every other Zoning Ordinance in the State, that it states that
if it doesn't have a kitchen, it's not a dwelling unit,even if,
just because it's not in ours, if this goes ~o court, they could
fi~d it the,other W~y. So, I've got to disagree with you o~this
one, and it's not like I don't disagree with you much.
MR. CARVIN-No, that's,true.
MR. THOMAS~No,way is that a dwelling unit.
MR. FORD-Fred, I
,before us, then,
,logic.
would ask what your
would be, following
resolution to the issue
your position and your
'MR.
that
CA~VIN-Well, I'm in support of the Cushings, in other words,
this does represent a principal structure, or i~ the
- 29 -
--
ultimate, you know, a second principal use, that
designed, I mean, it's got all the amenities,
concerned, ful~ housekeeping facilities.
this is, it's
as far as l..:.m.
MR. THOMAS-Were you inside the building, did you say?
MR. CARVIN-No.
MR. THOMAS-You weren't inside? You didn't go upstairs and look
around? You weren't downstairs to look around? '
MR. CARVIN-No, but I looked in the windows.
MR. THOMAS-Did
downstairs?
you see
anything, looked like
a kitchen
MR. CARVIN-Yes. I saw a counter, I saw that the addition of a
~tove is the only thing that's lacking.'
MR. THOMAS-You didn't go i~ there.
refrigerator wasn't plugged in.
You didn't see the
MR. CARVIN-But that doesn't mean that you can't plug it in.
MR. THOMAS-You can't plug it in. Did you see an outlet for a,
did you see a 50 amp outlet for a stove in there, even though it
was all sheetrocked?
MR. CARVIN-Is that an insurmountable, is that available if they
so chose, to put a plug in there for a stove?
MR. THOMAS-It còuld be done.
MR. CARVIN-It could be done.
situation?
Is that a great, difficult
MR. THOMAS-Once it's sheetrocked, yes, it is.
MR. CARVIN-Okay, but I still think you have to come:back to what
did they originally apply for? I mean, they applied for a
storage shed and a garage.
MR. THOMAS-They applied for a garage, and they also applied for
and received a building permit for two bedrooms a~d a bathroom on
the second floor, and they went through planning, and they got
exactly what'they á~ked for.
MR. CARVIN~And I'm not saying that, that's what Jim is saying is
that, has he been interpreting housekeeping facilities incorrect
up to this point, and my definition is yes, that he's used the
criteria of bedroom, septic and kitchen, and I'm saying that it
can be either more or less, that I think t~at's really, just
because one of those is excluded does not mean 'that it can't be
used as a full housekeeping residence.
MS. CIPPERLY-One reason that' Staff would like this, somehow,
addressed is, it seems like every other day, now, we're getting a
request for either detached, there was another one on Assembly
Point, a woman would like to Put a detached dwelling for a
disabled child who can live independently,· to sóme extent, can I
put, you know, a bedroom, a living aréaand a bathroom in there,
if they can come in the house 'for cooking, and we get just,
almost daily, it seems like, since this came up.
MR. MARTIN-And it's not just on the lake either. It's happening
more and more as we see more and more retired people, more and
more grandparents wishing to live in the homes with their sons
and daughters and grand kids, the so called mother-in-law
apartment. It's happening mo~e and more and more, and I think
you're going to see it more as the retired population increases
- 30 -
'-
~
in size.
MR. KARPELES-Well, you've got the answer for that though, right?
I mean, you think you have the answer for that.
MR. MARTIN-It's not what, my answer is what I read out of the
Code, and that.
"
MR. KARPELES-No, no, but I mean, we, ' r e saying something has to
change, right?
MR. MARTIN-Right.
MR. KARPELES-And you're saying you think you know how to change
the Code to solve this problem.
MR. MARTIN-Well, I think ihere's many issues that come into play,
especially on the lakesh6re areas of the Town, or the shoreline
areas of the Town, even the HU,dson River or what,. hav,e you. These
are very environmentally sensitive areas. There's ~reat concern
about the carrying capacity of the land and so on and' so forth.
So what,we're looking to do, and we, as Staff, ha~~ sent up to
the Town Board, and I hope to take it up with them this Monday,
at tbeir workshop, is a change to the Code that will speak ~o a
ratio of living area to area of the lot, as an overall
consideration, and we set up a number of 10 percent, and that's
really up to the Board, as to how they, what number they want to
set. but we sent tl1at up as our best shot, ~iven ou)" analysis of
the lakeshore lots that, we've seen, bot,.h on this lake and Glen
Lake, as being a reasonable number. So, in other words, if you
have a 20,000 square foot lot, you're entitled to 2,,000 square
feet of living space. '
MS. CIPPERLY-Building space.
MR . MARTIN-Habitable space. I keep living space, but that 's .what
we thought was reasonable, and how people decide to dice that up,
then, if they use 600 in t~eir garage, then they onl~ have 1400,
,~he~, available in the primary house.
MR. KARPELES-Yes. I think that makes a lot of sense.
, ,
MR. ,MARTIN-,And ,we're also, give\) the concern over building
height, at the'same time we suggested lowering the maximum
building height from 35 f~et to 28 feet ~or primary.structures,
and to 16 feet for secondary structures. So, just by lowering
that, it's g9ing to be very difficult to get a full, habit;able
second story on ,n ac~e~sory ~tructure. .'
MR. CARVIN-Unfortunately, that's the future~ and I think we. just,
at this point, we're grappling with housekeeping unit, dw~lling
unit. I think ~þat that's w~eTe the definition r~ally co~es to
roost.
MR. ,KARPE~ES-Just like Chris says he doesn't disagrss with you
very often, I ,~on'tagree with you/very often, but I do a~ree
with you in this'case. I think that it would be relatively easy
to~ change. 'to convert that place so, that it had a kitchen; I
ihink it would be a lot easier to db that than it 'was to c6nvert
it from a storage place to two bedrooms and a bath, and I
consider that a prineipal building.
MR. MENTER-Well, I certainly think that this is another one of
those that, obviously, needs to be addressed, and it just c,omes
dowq to tGe issue of, 'wbere do you draw the line, where do you
make the change, because to me, not only what I.. wou,ld have as the
intent, but what I believe was the intent of whatever ordinances
apply 'to this, are not being followed. I think there's a lot of
caS?es in the immediate vicinity tha,t, as John showed us, where
things have happened that were not following the intent of what
- 31 -
this Ordinance is supposed to do. So, to me, what the question
boils down to is, do we change the ptecedent right now? Do we
wait for a new wording that mOre clearly defines what we're going
to do, and it seems to me that we don't change the precedents. I
think it's been the interpretation to this point that a kitchen
is crucial to whether it's a living, to whether it's a complete
housekeeping situation or not, and I think that, pending wording
that more cl~arly defines or changes how we look at that, that
this would be determined as not being a residence, although,
personally, I strongly hope that something happens to change
that, because I think that there's a lot of things going on,
particularly in this area, that are just not good for the
community~ not good for the neighbors, not good for a lot of
things out there.
MR. MARTIN-No one hopes that more than me, believe me.
MR. MENTER-To keep it brief, I guess I would say that, in this
case, this would not be considered as a residenèe.
MR. CARVIN-Okay. Tom?
MR. FORD-I'm glad that the issue is going to be, or is being and
will continue to be addressed up front, so that hopefully in the
future we don't have to revisit this issue. The permits were in
place. CO's were issued. Right from the outset, when the
original application went in for the garage, according to the
minutes, it was indicated that eventually there would be a
modifi6ation in the structure requested for living spðce. I have
also been in the structure, and it's darn nice in there, in terms
of a place in which to enjoy the lake. About the only thing that
I could see that would be lacking would be something of the
nature of a microwave, sOMe modification in the sink facilities,
and you would have a structure that would be truly inhabitable
and could be, in fact, year round. I'm not sure, however, that
at this time, with all of the approvals that have been granted to
date, in good faith, that I could bring some sort, vote to bring
some sort of sanction against these people or this particular
structure. I am concerned that we have an auxiliary structure
where the defined living space wéll exceeds the initial dwelling
area, and at the time of its constru6tion, that was the case.
MS. CIPPERLY-Would anyone on the Board care to address the issue
of renting these units separately from the principal structure,
because I think that's really, in this case and others, that's
what comes down to bei~g the problem, bécause in other
neighborhoods' in Town, they don't want to see a rental unit, in
what they perceived as a single family.
MR. MARTIN-We, time and again here, like in the case of a mother-
in-law apartment or something, certainly no, I've never heard of
a neighbor holding against a future neighbor that, no, we don't
want you to be able to have your grandparents live with you, or
your 'parents, but the concern always arises over, should that
structure ever change hands, and now there's, you know,
facilities there that could be easily modified or considered as a
second apartment, then we have a rental transient situation.
MS. CIPPERLY-They'll say, what happens when the in-law dies, can
they rent that out, and that seems to be germane here also.
MR. FORD-I think John at least addressed that to some degree, as
he looked at the principal dwelling and this structure as well,
but I would be interested in asking the question of them, this
particular building, is it your intention of having that as a
rental property?
MR. HODGKINS-No, it is not. In fact, isn't that another item
coming up later? You can attach that right to that, I think
that's appropriate.
- 32 -
'-'
--./
MR. FORD-Perhaps £heappropriate time would be right now, in as
much as tha~,is, this is:the buil~ing w~'!& referring to.
MRS. HODGKINS~That's not a problem.
, "
MR'~ HODGK,INS-Ýes. That's not a problem. I thi nk the law already
specifies you ca~'~ do it. That's ho~ ~ interpret it anyway~
MR. MÄRTIN-That's somet~lng,that's easily enforced by the part of
the enforce~ent staff~ "
MS. CIPPERLY-And maybe that shouldibe generalized a little bit,
other' than just this particular property.
MR. MARTIN-I think if we have an appeal here, this is precedent
setting for all ~uturec~ses inv~lving.
MR. CARVIN-But, who says you can't rent a garage or
shed, because that's what we're defining this t~ be.
living unit. It's not a dwelling unit, and who says
my garage?
a storage
It's not a
I can't rent
MR. FORDTFor ,residential purposes.
.¡..:
MR. CARVIN-But it's not a residence. It's not a dwelling unit.
You're ~stablishing the fact that, it's not a'dwelling unit.
MR~ FORD-Well, if we stipulate that ¡t can't be rented for
residential use, then that reinfqrces your point.
MR'. CARVIN-I'm just saying that I think you have a hard: time, A.,
en~orcin~ ~t and, B., it's not a dw.~ling unit.
MR. MARTIN-I'm saying as a. bo:arding how~etype of a use, not
necessarjlY it's a~ apar~ment~ ~ fu~l ser~ice apartment, but as a
boardin~house type of a thing~
MR. CARVIN-Well, suppose they want to re~t the garage to
somebody? She says she hasn't used the garage ,in year~,'but
maybe the next door nei~hbor wants to. Is ,that ,going to preclude
them from renting th~ir garage?
MR. FORD-They:re agreeing to that, Fr:ed.
,MR. ÇARVIN-I mean, Jt's'~ither a dwelling unit or it's not. It's
either a storage shed or g:arage or it's a dw~lling un~t.
MR. FORD-They're agreeing to non rental of th~t strJctu~e.
MR. HODGKINS:"'This is a, residential a~e,Çt.·
, .
MR. CARV,IN-But it was not applied for, it was applied f9r a
garage and storage area, anq I'm just saying that I think, í know
what you're trying to do, Tom, and,I applaud your effort~, but I
think you're trying to make,an elephant sound like a giraffe.
MR. FORD-No. I'm listening to Mr. Cushing, and what
is aþput, and what would be a satisfactory solution ,to
find that'theHodgkins family is' willing to ~ccept,
solution. It seems appropriate.
MR. KARPELES~Yes, but I don't think you ,part of his was that
thi$ shouldn't happen'again, anda~ soon as you create this
sitüation,' it's going to happen again. We're going to have flood
of people coming in wanting to do the same thing.' ,
his Appeal
him, and I
that¡ same
MR. GARVIN-We're going to have 12,000 two thousand square 'iifoot
storage sheds.
MR. FORD-I don't understand that.
- 33 -
'--'
MR. CARV1N-1 mean, I think we have to look a~ this case here. I
mean, the rest if it may be enforcement problems, and I think Jim
is enti rely correct. .1 mean, up until this poi nt, maybe that has
been th~ interpretation, and it's this Board's prerogativ~ to
change that interpre~ation. I think that maybe it's been wrong
up to that point. I don't know. I'm just saying that I think
that the three criteria are probably not broad enough, because I
think that just because it doesn't have a kitchen doesn't mean
that it can't be used as a dwelling unit, and that it can't
support full housekeeping facilities, but when you take and put
all the aggregate together, I mean, that it's got insulation.
It's got electricity. I mean, I don't see too many storage sheds
with johns, and I'm not saying that you can't have that, but I'm
just saying that when ~ou make a cumulative situation, here, that
the probable and potential use is more residential and not as
defined under our Ordinances for garage and storage shed, which
was the original intent of that structure, because remember, this
is not a replacement. This was a brand new structure that they
built in 1993, and therefore, when they came in, they said they
wanted a garage with a second' story storage area, and it has
evolved to this current situ~t16n.
MR. FORD-But to no 'One's surprise.
MR. CARVIN-Well, to the cushings' surprise, and I think that's
what the Cushings are saying.
MR. KARPELES-I believed them when they said it was a storage area
over the top 'Of that garage.
MR. CARVIN-Yes.
MR. FORD-Did Y'OU also believe them back, when they said that at
some point, that they intended to use it for living space, or for
sleeping purposes?
MR. CARVIN-No~ The only time we had public scrutiny on that was
in February or March, and all the told us was that maybe
occasionally the grandkids would come up and sleep over. At that
point, it had no sewage facilities.
MR. KARPELES-There might be some cots up there, and they might
sleep in their sleeping bags.
MR. CARVIN-Sleeping bags, things like that. I mean, that's what
~ believed, and this thing' is just n'Ow sn'Owballed to the P'Oint
that, as far as ~ concerned, it is fully capable as a dwelling
unit, and as I said, I know what it is and what it isn't. It
isn't a garage. It isn't a st'Orage shed, and it is a dwelling
unit, because I think it is capable, at least under ~
interpretati'On of what h'Ousekeeping units are, and I think that
that test, up t'O this point, may have to be modified in the
future, and I think Jim is on the right track, and maybe the
correction, and I think the T'Own is acknowledging that maybe
those tests ~ inc'Orrect, because they are I'Ooking to change
that, and that's not to say that we support that, and then later
'On that they change the variance, and then they can c'Ome back and
they would be in compliance at that point, and they wouldn't
necessarily have t'O put a kitchen in, but I don't think that
under our current guidelines I can support that. So this is
definitely not an easy issue, Gentlemen. I mean, it'g probably
one of the hardest issues that we have to confront, but that's
what we get paid the big bucks f'Or, is just to make these
determinations.
MR. MARTIN-My only question, thóugh, is, if you were to tåke this
structure and put it out in the middle of a field, as it's
currently configured, would anyone of you take your family there
and live 365 days a year?
- 34 -
',--,
-./
MR. CARVIN-I think the better question is, would it be able to
support it, and I think fhe answer there 'is yes. I~m Just saying
that it provides warmth and shelter ånd you could prov¡de eating
.facilities, wheth~r it's a ki~chen, ~~~in, Ist{ll~on't know
whaf a definitiòn of a kitchen is. Is a kitchen a table? Is it
an area? Is it. a stove? Is it a stove and a refrlgerator? Is
it a stove, a refriger~tor and a, sink? I mean, I don't kBpw what
your criteria is.J mean, it has a sin~. It has a refrigerator,
whether it's plugged in or not. I suppose it could be¡plµgged
in.
,
.MR. MARTIN-Well, because ,the other issues that's raised in ,these
type of things are, at what point ,does someone's wet, bar, ¡with a
refrigerator and ~ sink, constitute a kitch~n or a wet bar in a
home?
..
MR. CARVIN-I think if they~re saying ,that it's a stoiage shed or
a garage, and the wet bar is fully insulated and could have
cooking facilities ,and has sewa.ge disposal" :then I think we have
to question the validity of, whethe~ it's a storage shed or a
dwelling unit.
MR. MARTIN-Yes. If somebody has a house, and in their basement
they have a bar with a below counter refrigerator and, they have a
bar sink.
MR. CARVIN-But that's a dwelling unit.
shed, garage.
That's not a storage
MR. MARTIN-No.
structure?
Is that a duplex? Two dwelling unit~ with one
MR. CARVIN-Like the, grandmother.
MR. MARTIN-These are the things that I grapple with day to day.
MR. CARVIN-! suppose it could be. I suppose it' could be. I
meaJ1, you know, you'd have to look ' at it..
MR. FORD-Jim, let me ask you what modifications you
recommend if you were to refer to 'his as a dwelling?
modi fications would be needed?> ' , "
wòuld
What
MR. MARTIN-If I saw the presence of a fixedst9ve "with a fixed
putlet, that would be a violation, and this would constitute a
second dwelling, ~nd violate the density o~ this lot~
MR. FORD-A microwave would meet that criteria?
MR. MARTIN-No.
: I
MR. CARVIN-Or a hot plate, or a convection or ,reflec~ion o~en.
1 . i
MR. MARTIN~I've got to draw the line som~where, and the line I've
dr a~m traditionally in the past, I think this is ir.lkeepi ng with
previous Zoning Admini~trators, isa fixed cooking facili~y.
MR. CARVIN-And I don't have that deflnition.
MR. MARTIN-I'm just sayiDg that's what.
MR. CARVIN-I know. I'm just saying that the only definitiqn that
i have to go by is housekeeping facility. ' -
MR. MARTIN-And
has, again, a
of people do,
that, and it's
what's brought that
bar, something like
with,a pool table
like a family room.
about is this idea of'somebody
th~t, i~ their home, and a lot
downstairs or something like
MR. CARVIN-Because, again, the questions that I would come up and
- 35 -
ask, obviously, js it insulated, does it have a separate commode
or flushing system? I mean, just a sink does not necessarily
constitute a second residence, or living area, but when you
aggregately put all these things together.
MR. MARTIN~Well, whåt we see, from time to time, is you'll see a
bedroom and a basement, 'and then they have this family room. At
one end they have a bar and a refrigerator and a sink. These are
types of configurations you see. Now is that a duplex then?
MR. CARVIN-Okay, but again, I'm going to say that the multitude
of sheds that have come in, I mean, who converts a shed and then
all of a sudden turns it into a rental unit? Some of these guys
come in for these 900 or 1,000 or 1100 square foot garages,
because they've got three cars, and now somebody else comes by
and just starts to convert thàt, and does the exact same thing.
I mean, where do we cross the line from what it was originally
intendedtó what it's actually turning into, and that's what Oll:.
point is here is that, I still have to come ba¿k that this was
applied and approved and proceeded with the understanding that it
was a garage, storage area, and it has evolved into something
else, and I'm just saying, it looks like an elephant, ~mells like
an elephant, tastes like an elephant, but it's actually a
giraffe, and I'm saying, no, that's not the case. Just because
it doesn't have a trunk or a tail doesn't mean that it's
something else. So, again, we stand at the crossroads of
indecision, Gentlemen. As far as I can tell, we've got, I know
where Bob and I stand, I guess,. I mean, and Tom, I'm not sure
where you ~ stand. Tqny, I know where you stand, pretty much,
and Chris. Then I will entertain a motion and see what happens.
MOTION THAT WE UPHOLD THE ZONING ADMINISTRATOR'S DECISION
CONCERNING NOTICE OF APPEAL NO. 3-95 JOHN P. CUSHING, Introduced
by Chris Thomas who moved for its adoption, second~d by Anthony
Maresco:
Duly adopted this 22nd day of March, 1995, by the following vote:
MR. CARVIN-I just have one question, before we get to the motion.
Bedrooms, what are the ramifications of bedrooms? If he has, or
they have two bedrooms in the principal residence, does that
affect taxes or sewage? What is the criteria for the count on
bedrooms? If there are two bedrooms in this storage shed that
are not counted, does that have any affect on tax rolls or
sewage? I mean, if we move to the next one and we have two
bedrooms there and we've got two bedrooms in this, do we have
four bedrooms now, and should it be taxed, or determined?
MR. MARTIN-I think they have been taxed for the number of
bedrooms that exist in this structure. It's considered an
improved garage or whatever, and they are taxed for that living
space in that garage. It has a greater value, I believe. I
think, in terms of the septic, the septic system is not failing,
exists and works properly, so therefore, it does not'have to be
replaced, even if additional bedrooms are added, and in this
case, I believe the payticular septic system is actually one of
the better ones in that area.
~R. ~AR~IN~Ok4Y, but,b~drooms would have to be consid,re~?
.. . .. ,<>._ ...", .. .. , .' ; _: '.." ," : _.' .. '., f>: ~ --, I; \:"' ,
MFr.' MARTIN~BêdroomSi:ha1iew'cdnst'Y'uctidii, for' example, do
dictªtè septic :~:Ùzê,:bìJt ':¡'in~ ~h~¡¿~~~ wliêre'\'bu have 'an 'ex is~i ng
"sŸstem, and it's fUrictioninS"Þfop'erlY. ' !: '
,.. . ,'" .'. I ! i ' .' .. 'I,. - "! I,', I
d,
MR. eARVÎN-:-Well, I guess" rrty qU~stio1i' is then, this was new
cdnstruQtiQn, and :lnow'we' have\'á~droor1'ls~ - I mèarl';wa-sthatever a
consideration?' rme\ãn~' 'was' th~'$~pfic Teall y,:rèv ièw~d'wi th the
new construction here? ' ,', ,
MR. MARTIN-Yes.
- 36 -
-
--
MR. CARVIN-Okay, and your understanding would be that they would
be,taxed on four bedrooms and not necessarIly the two which were
in the existing camp?
MR. MARTIN-Yes. I believe they probably ~aw an adJust~en~, in
their taxes when,th~ g~rage was, because the Assessor ~as, up to
look at It.
MR. DUSEK-I can say, with a reasonable degree of certainty,
because I do represent the Town in Assessment cas.s, that the
practice is to assess the particula~ bu~ldings as they exist, in
addition to the land." So if t.here were just- a garage, it would
be assessed asa garage. If there was a garag~ and a storage
" .., ",' .. .,.> ,,:. ., .
facility, it would b~ßssessed as tha~., If the"e was.~,ga1·age
and other improvements. I n other w9~ds, they ass.ss the! value
of,the structure, or Qf every structure 6n the property, and they
d6,',:~t' independently. "Everyone 'sassessed independently, and then
they come up with ~ value for the land, they come up ,with a,value
for the total. So that is all aS$essed as far as taxation is
concerned. ' , "
MR. CARVIN-Okay.
MR. FORD-Can I ask Jim a question?
MR. CARVIN-Sure.
I,
MR. FORD-Jim, woùld there need to be any appeal to the Town to
add a stove, 'as you deser ibed 'i t. to this, ,structure?
i! MI;L.',MART~N"1'"'Yes, ,and" if one
,pèrmlt, tMÄt:wpuld',cQnsti'tute
a ,second dwelling unit and
density.
we~~lto~ ,,aR~~ar~~it~04t a~þ~i~~ing
a viol.tion,~~s itTw9U¡~pØh~t~tute
it 'would' b~in violai16~~o~the
,.. , i':" '. ,
MR. FORD-Thank you.
MR. MARTIN-And it would have to be, removed,.
MR. CARVIN-Okay. We have a motion'that's çeen made and seconded.
MR. KARPELES-I want to make sure that when I vote, that ,I'm
voti 09' the way I want to, vote.
MR. THOMAS-A yes vote means that you uphold Jill'l",Ma:rtin's
decision. that that building is not a second residence. A No
vote means that it i.§. a second residence. ' "
AYES: Mr. Ford, Mr. Maresco, Mr. Menter, Mr. Thomas,
NOES: Mr. Karpeles, Mr. Carvin
MR. CARVIN-I guess the Administrator's po~ition, is supported,
and. the,'efore" the appl icat¡on is denied. Okay. So ,we do not
h~vea second prirycipal residence on that lot. Okay.
NEW BUSINESS:
AREA VARIANCE NO. 12-1995 TYPE II WR-1A DOROTHY B. HODGKINS
OWNER:, SAME AS ABOVE MASON ROAD, CLEVERDALE f\PPLICANT...PROPOSES
, TO CONSTRUCT A NEW RE:~HDENCE TO REPLACE A NONCONFORMINp. ,PRE-
EXISTING HOUSE. APPLICANT,PROPOSES TO CþNSTRUCT THE NE~ HOUSE
UTILIZING AND EXPANDING ON THE FOOTPRINT OF THE ORIGINAL HOUSE,
SO SJ,:EKS ~ELIEF FROM THE¡: SEVENTY-FIVE (75) FOOT SHORELINE SETBACK
REQU¡RED BY SECTION 179-60. NEW STRUCTUR~ WILL NOT BE ANY CLOSER
TO THE SHORELINE THAN THE HOUSE BEING REPLACED. (WARREN COUNTY
PLANNING) 3/8/95 TAX MAP NO. 13-1-10 LOT SIZE: 0.44 ACRES
SECTION 179-60
DOROTHY HODGKINS, JOHN HODGKINS, III, PRESENT
- 37 -
MR. CARVIN-Okay. Do we have any Staff Notes on this?
MS. CIPPERLY-No. I consider this to have, basically, the same
characteristics as it did last year.
MR. CARVIN-I think I disagree with that 100 percent.
MS. CIPPERLY-As far aS,constraints of the site, as far as
topography. It's going in the same place as the house was
before. It underwent more scrutiny last year as an expansion
than it would have if they had said they were taking the house
down. As far as putting an addition onto the existing structure,
the garage, whatever, it's impossible to do that and maintain the
separation distances required to the septic system. I mean,
there's a 75 foot line bàck from the shore, and there's about 18
feet between the garage and that 7S foot line, and there's also a
drop of several feet. Septic system, as you have on your
diagram, is right there also. You have to be at least 10 feet
from the house to the septic tank, and 20 from the house to the
leachfield, and that just seemed like an impossible thing to do.
I think Ted Turner summed it up pretty well in the resolution
from last year, that there's physical constraints, here, with the
size of the lot and the topography, that dictate where you would
put a house.
MR. THOMAS-I still have the Warren County Pianning Board to read.
"At a meeting of the Warren County Planning Board held on the 8th
day of March, 1995, the above application for an Area Variance to
enlarge house from 608 sq. ft. of living space and 210 sq. ft.
covered porch to 1,408 ~q. ft. of living space, 260 Sq. ft. of
screened in porch, and 168 sq. ft. open covered porch, was
reviewed and the following action was takéh. Recommendation to:
Approve Comments: Previous approval of this application
stands." Signed by Thomas Haley, Chairperson.
MR. CARVIN-Okay. Before we begin, I want to get ~ome
clarification from Mr. Dusek, if possible. In the way of
background, we approved a variance, back in March of 1994, which
indicated an addition'to an existing structure. Upon further
review, it was determined that there were or was misinformation.
In other words, there were differences as to what actually
happened out there. In other words, the building was torn down,
and then there was some question as to the actual setback. In
other words, the application that we looked at in March had
indicated, ,and don't hold me to this, but I think it indicated a
25 foot setback, and in reality it may have only been 18 or 19
feet setback. I guess ,my question is, it was discussed and
determined that a new variance should be applied, in other words,
that the var iance that, was granted in March was not appropr iate
and was not being complied with, and I ~uess I just need to know
whether that would fall under Section 179-111, Number One,
because I really need to get a clear idea of whether I have a
situation where we have, you kno~, even though it's not there at
this point, an existing structure that can be, theoretically,
added to, or whether we have a vacant lot with a garage at this
point. In other words, by the fact that there was some material
misrepresentation, null and void that application, and therefore
it was the applicant's decision to tear down the house, and
therefore create, basically, a vacant lot, in which case, I think
it throws a whole new light on this particular request, and I
just need to get some feeling as to where we should be, how we
should be looking at this particular application.
MR. DUSEK-Well, I think, I had some involvement on this, because
Jim came to me, when the issue of the premises, or that part of
the building that was thought, that was still going to be there
was not there, and I counseled Jim at that time, because it
seemed to me that the Board's variance that was granted the last
time was apÞarently granted, as,You just mentioned, or based on
two assumptions which, and I'Ve got to be kind of careful here.
- 38 -
........
'-""
This is m.z. assumption that this is the way you based it. It's up
to YOU folks to detefmi ne which way you reall y did it, but what I
gathered from the minutes of the meeting, as well as the actual
variance decision, was that your assumptions were that there was
going to be part of a building left there, and that there was
going to be, that there was a certain distance in existence from
the lake, and, based on what I've heard, is that those two
assumptions did not come about, that the building, in fact, was
not' retained. It was" instead, taken down, and, secondly, the
distance from the lake was not as indicated, pr as at least
assumed by the Board. If that is true, I think that the Board,
then, can take that ,Section that you just referred to. and utilize
that to consider the prev ious one void, although, I.. don't thi nk
you need to do that,'because the application before the Board now
is new, because, inoiher words, the st~ucturethat was ,there is
not there, and the variance, and this is why jfm issued, or in
the, end, he reached and agreement with the applicant not to
continue with the project, but the reason why he decided that he
needed to address the situation was because the var~ance itself
just didn't operate under th~ facts that then existed and,
therefore, you need a new variance. So"'I think no matter how, I
g~ess what I'm trying to say to you is that no matter how you get
there, this is like a new application. Does that help?
MR. CARVIN-Well, I think it's important, because 1. think the
applicant is arguing, and will argue, that they had a 908 square
foot build~ng that was' only 18 or 19 feet fromth~ lake, and,
therefore, as a matter of right, should be allowed, certainly, no
less than that, as a.setback, and I just warit to know whether I'm
dealing with a sit~~~lon, ,here, as, I said, whether we s~qul~ take
that into consider_tion, or if, in effect,I ~ean, if they can
meet all the setbacks, and all the other criteiia, that we have,
basically, a vacant lot. In other words, that the destruction of
the building, in essence, has just created a whole entirely new
building lot. I realize we have a new application, but do we
have a vacant lot, or do we still have?
MR. DVSEK-I guess m.z. thought is, what iT the applicant cameln to
you with the building that was there'still there, and said to
you, we~d like a vaiiance to build a new building, and we're
going to tear down the old building. How would You respond to
that new application?
MR. CAR0IN-I think if that had happened in Mar~h, it would have
probably put'a qifferent spin on it, but that's whqt I'm saying.
That did not "happen, and now, we have, basically, a si tuation
wh~re, you know, they cou¡d, conceivably, be asked for maximum
relief by putti,ng, yotj know, just because they have a foundation
poured there, and evem though that found~,tion does fit within'the
parameters of the o~d house, is that enough to constitute a
hardship?
MR. DUSEK-I guess the, question is,
parameters of the old house, and I
Ordinance that says you are.
are you confined to
don't see anything in
the
the
MR. CARVIN-Ókay.
establish.
MR,~ DUÅ E~-Becau~e this is new relief_ They're asking for
something dif~e~ent ihan what wa~ there1 and it's j~st as if
they, I see it as comparable to a situation where an applicant
,comes,~l') and says, you know, if an applicant says to you, I'm
go¡ng to keep what I have there, and I want'to add on ,to it" it
just seems to me ,~hat there's a lot of different conslderat~ons
that probably go through members on,the Board, you know, in your
mind. In other words, well, cost, he's keeping what he's got
there, and what you configure or what you~ork with the
applicant, or condition to allow, is, obviou~ly, bepause of what
you have to work with. On the other hand, when an applicant
Well, that's, I guess, wh~t I'm trying to
- 39 -
'-
--
comes in and says, I'm tearing down the house, I mean, the
applicant as well as the Board, I would imagine, has a lot more
options available to it.
MR. CARVIN"';Well,
because one of
or brought up,
because of the
preclude moving
I think that it's a very important point,
the issues that's going to be addressed I think,
is the 'fact of sewer, and Sue has 'indicated that
present location of the sewer system, that it may
the house some place else, and I'm not sure.
MR. MARTIN-Have you read Dest)'uctions' 179-83 Area Nonconformity?
MR. CARVIN-Probably. What was it again?
MR. MARTIN-179-83 Area Nonconformity. I think that speaks
directly to the situation, here, is that this is not, the old
house was not removed as a result of fire, flóod, wind,
hurricane, tornado, or other acts beyond the ~ontrol of man. So
those are the only cases where yoU maintain your rights to an
area nonconformity. This has been removed by, you know,
volunteered, you know, or the applicant's deçision to do so. So
the area nonconformity is lost, rights to it.
MR. CARVIN-Okay. Well, that's what I wanted to establish, is
that that area conformity, or nonconformity, is lost.
MR. MARTIN-That would be ~ view.
MR. CARVIN-Okay. Well, that's ~ view also.
MS. CIPPERLY-Yes. In fairness to the applicant, though, I think
it ought to also be mentioned that, last year, or whenever it
was, at thè time that they came in originally and got the permits
and the variance, the policy of the Department and the
interpretation was that you could rebuild on yoUr footprint, if
you took your building down. It's only been this past winter
that that has changed, mainly because of things with the Mooring
Post situation. So, if they had come in at the time they applied
for the variance and said, we want to tear our building down, can
we rebuild right here, we would have said, yes.
MR. CARVIN-Yes, well, again, if they had done that, r wouldn't
have this argument.
MS. CIPPERLY-Right.
MR. CARVIN-But that was not what was done in March.
MS. CIPPERLY-But our policy now is that people have a vacant lot.
MR. MARTIN-I see what you're trying to say.
MR. CARVIN-Yes. I'm just saying that they applied for a garage
before, anq I'm not crying sour grapes here, and it's evolved
into something else, but they applied for an addition, and that
was what was granted, and by the fact of them not comÞlying with
the Ordinance, plus, and I'm not saying that it was done
deliberate, or that there was material misrepresentation, but
there Was flawed information in the application, and therefore we
are, in essen~e,looking at an entirely new situation here. That
there is no pre-existing, nonconformins guidelines that we'd have
to adhere to. '
MR. MARTIN-Yes. As I say, the rights for area nonconformity to
be maintained are laid out in that Section, and if you don't fall
in that criteria, then it's a new application.
MR. CARVIN-Okay.
I'm going in?
Does the Board understand the direction that
- 40 -
---'
MR. MARESCO-I'm a U:,tt'le unclear. Are we viewing this as an
~mpty lot now? Is ~hat wh~t we're doing? "
MR. CARVIN-That is f.!:!Z interpretation, that at this~point, we have
a vacant lot, and 'that they do not have a pre-ordained right. by
nonconformity, where the old structure was. '
MR. MARESCO-Where the old structure was.
MR. CARV,IN-So ~ust because they:, have poured a foundat ion in that
general area does not necessarily mean that that was as of right.
MR. HODGKINS-My question is, I went to the Building Department,
and I went to the Building, Department and asked them what
constitutes existing, okay, because we are operating under, still
ope,'ating under.. right now, a buildingpennit from the Town, The
Bui ldi 'Og Department' said, "go to the Zoni ng Department. I had
di~cussed this with Jim, but I have reviewed, thiough the Zoning
Chapter 179~ a~d there, is nothing in here which refers to what
percentage of ~ buildi~gmust still be existing, and consider it
still existing, while YÓLqre reconstrùcting" it, i.e., if we were
putting, reconstructing this buildlng, which was accurate, how we
pr ese nted it, it does not say in her e you ha ve, to keep thr ee
walls. It does not say in here yOU' h~ve to kee~' one wall. It
doesn't say in here how much you have to keep. It doesnit even
say, you know, it doesn't say anything, as far as ,how much you
have to keep. My comment here is we do have a small portion of
this foundation left. It's approximately 6.5 percent, the
foundation that's left. I did indicate that to Jim. I showed
him a picture of it, and he also, you could see if ,it you were
there. What I'm asking here is, and again, we still are
qpera~i~g under a variance, because 1t hasn't been taken away.
We're operating under a building permit that hasn't been taken
away. Sothat;s a conti~uation. We haven't stopped with either
onÇl of thos,e,items, and where I'm; looking, :for leeway. or I
shouldn;t.ca~l it leeway, but there isn't anything that60mes out
here that specif.ically says, you've got to keep a wall up, or
you've got to ke~p the flo~r up, or you~ve got to k~ep the block
up.
MR. CARVIN-What is the question? This is a commentary.
MR. HODGKINS-The question is, what percentage of the existing
building do you have to keep when you're remodeling?
MR. CARVIN-O~ay,and I'm going to defer to Mr. Dusek, if he wants
to, if he cares to answer that or not.
MR. DUSEK-Well, I think the answe1' is not what the percentage is
under the Ordinance, but rather the answer is, what, was it that
the Soard granted a variance against? In other words, what was
represented to you at the. time, that wou¡dsurvive, becausecyour
decision to grant the variance, correct me if I,'m wrong~ was
based upon' a given set of fa¿ts, a~d ~~ ~ unders~and it, those
facts no 10ngerexis1;:.. ?O, now you're faced with a Dmiset of
facts. In other words, ~efore, YOU were f~ced ,with ~ set of
facts that there was an existing buildin~. It was' going to be
saved. I would pi~sume, you would have taken that into
consideration, ~he f~ct th~t that couldn~t be mRved, obviously,
because it was on a foundation. There was a value to it, and you
looked at the addition that was going on to that, and you took
into consideration, well, obviously, if you're adding an
addition, you don't have any other flexibility. It's"got to be
attached to the building, and t~ere's a'ce~tain amount of where
you're going to put it type of thing on the lqt. However, now
you're faced with a set of facts that there is no addition, and
the question now is, where is the appropriate spot for the
building in light of, that there is no addition. So I see these
as two different issues that are now before the éoard, in terms
of where you go, Does that make sense, in terms of, do you know
- 41 -
-'
what I'm saying? So I don't know that you look to the Ordinance
to say, well, this X percentage has to survive. I think it's a
question of, they needed a variance to build. They said, this is
the variance that we want. They no longer can comply with the
variance that they originally requested. Now they need a new
variance, and now they're saying to you, well, we have a clean
slate. We need a variance. So now you would look at that,
taking everything into consideration, and when ydu grant Area
Variances you ~ consider everything. You consider the
applicant's needs, and their circumstances, but you'd balance
those against that of ,the community and the Zoning Ordinance, and
you come up with a solution, but I think that, I guess, maybe
this goes back to th~ original question, but you are on a clean
slate, to that extent, that you're now looking at this fresh,
because they have a lot more flexibility, and so do you.
MR. HODGKINS-I'm more than willing just to start, you know, from
a clean slate. I think, in answering my own question, how 1
would interpret it, I would interpret it that it is the Zoning
Administrator's prerogative to make that decision, and he's made
a decision because he indicated to us that he did ask us to stop
because of what did occur, and I guess at this point, what I
would, I'd just as soon we get started and put the presentation
of what we've got going here together, so that you can make a
decision based on that, and I've presented, I think.
MR. CARVIN-Yes. We're going to get to that. ¡ just
sure that we all understand what field we'ré on.
everybody understand what we're dealing with here?
before we proceed? Okay. You've r~ad everything.
open it up to the applicant, if you have anything
add.
want to make
Okay. Does
Any questions
I guess I'll
you'd care to
MR. HODGKINS-All right. I am going to add a little bit. The one
thing that does make it a little easier on this application, is
that we are trying to continue a project that we started under an
old variance. Obviously, mistakes were made, and I'm not going
to deny that, and I don't think they're all, briefly, I don't
think they're all ours, but all in all, I think it's a good
project, and it should continue. I have made some modifications
to the project, and there's one thing that makes this project
easier to 'lo¿k at, I think you might have all had an opportunity
to see the blueprints in the Building Department. I'm not
positive if you have, but.
MR. CARVIN-Do we have copies of those, by the way? Excuse me.
Do we have a complete set? I don't want 12,000 square feet of
storage space, like what was happening before.
MR. HOQGKINS-Right. Jim has made modifications to it, and I have
a couple of modifications, verbally, I'm going to make to it.
Now this is originally what we presented. There's some graphics
here. In reading the Zoning Code here, as far as Waterfront
Residential, the purpose of Waterfront Residential is to protect
the delicate ecological balance of all lakes and the Hudson
River, while providing adequate opportunity for development that
would not be detrimental to the visual character of the
shoreline. I guess I added in, I think anyone who's visited up
there, and if you've looked at it, those trees are very, very
accurate, where I've put those over the top, just to show the
visual characteristics of the shoreline. I do have some
modi f ications, if you're looki ng at the pr i nts. The new front
porch, and please allow me to refer to new, versus the old. The
new front porches that will be shrunk from those drawings
approximately two feet. One of these trees right here actually
touch the old house, okay. The old house was, came out to around
here. The porch came out this way, and we've cut off that
portion of the porch. There was a tree here and a tree here that
the house leaned on. After excavation, we started putting things
together, Lee, our builder, determined that, we're not going to
- 42 -
---
--
get this porch in and not disturb that tree. So thi. porch here
has been cut back approximately two feet, okay, ~ndthat's.
MR. FORD-But the covered wood deck is still as close to the deck
as it shows here?
MR. HODGKINS-No,' Th,is deck will com~ back right here. This one
here, in fact, this is ~xactly where the old cov~red wood deck
was before, and it'& ve~~accurately m~rked up there by trees,
and where it leaned against, b~t that's exactly where it was
before. This new section, and again, bear with me when I say
new, will be cut back. It's significant', because the closest
point to the lake, on th~ old house, was right here; and as these
get farther I think Jim even, your measurement was accurate when
you came up with 19, some odd inches, because you measured over
farther, and the closest point we show is about 17, feet there, or
was. So, it c~ts it back A little bit farth~r over here. What
happens with the plan is that the next portion happens, is the
attic space back through this section here has also been
el imi nated, a yaul ted eei 1 i ng wi 11 be, put in he,-e, so there wi 11
be no,att1c space in this area. This attic s~ace here is frumped
becau~e this roof lin~ comes back. We;ve established to put in a
se\jen foot collar beam wh~ch would make that, you can't legally
put that. That was a concern this Board brought up on F,bruary
22nd, when you met with us that evening, that that attic space up
there could be utilized for real living space. We've shrunk that
attic space. The collar beam'goe~ across' at seven foot. You
can't legally put ,a living space anything below seven foot six
inche~. One thing everybody said to m~, put all' your wis,h list
in, and actually, I'm showing exactly,what we had before. So
there's no bi'g wish iist here, "with the exception of" we
originally wanted to be able to go upstairs through pe~manent
stairs, up into the attic. I'd like to be able to keep those,
PUt in permanent stairs here to travel up. I don't think I want
to, have my mother ,going up and down stairs, and I think"that's a
reasonable request. If sqmeone, a basement is, not a living area,
and you always allow steps to go dO\.Þ:In¡ ,to a: basement, p~rmanent
steps go down to'a basem~nt., This house ha~ no basement. .The
only storage area in this hoùse will be above this area. As you
can see,' the' rest of the area is utilized by the living space.
The actu~l living space, ~ased on wh~t Helen Otte, over at the
Assessor's Office'calls it, she measures thi~ u~ as 1400 square
feet. So I'm not adding it up. I'm not putt~ng it together.
She's the one who looked it over and said, this is what you have
as living space, 1400 square feet.
MRS. HODGKINS-Always say plu~ or minus, for an Assessor.
MR. HODGKINS-Okay, plus or minus, as an Assessor, butthp~'s what
she came up with~ okay, as far as that goes. I think, bå~ically,
that's the changes that you're going ,to see, as far as that. I
mean, ihis is an advantage, I think, over any other variance
you're,asking for. Normally, you just ~et apiot 'plan. Well,
you've go,t the entire plan here. This is the exact same,'buildi ng
we were going to structure last year at the var iance. ' ,Just to
rea.ssure that there hasn't been anything" that's change,d, apd that
was apprQved last year. This is what you looked at last year, as
far as the' exact piece of paper y~u looked, you h~d in;~our
hands. This is, on the back page, of ,this, is drawn by the
architect for the new structure. As you can see there, the roof
lines and, everything else are identical to what we ,have presented
here and what we ,have on this building. There's one more
modification. This is a whole bath. My father wrote i~, three
quarter bath on the application, and ~his is ~ full bath, from
the second hand, it.does come up, I'm trying to think if there's
a~y other inconsist~ncies, because I'm going to try to eliminate
any inconsistency when you're looking at here. If there's any
questions on that, go ahead. We go to the plpt plan, an~ I'll
refer, I'll have to refer to the surveyor's plan when you get to
the other plan, because that is the accurate measurement. That
- 43 -
--
--../
gives you the most accurate, obviously, because the surveyor's,
at that last meeting, the 22nd, you said, lets get a survey
together so we know exactly where we're looking at.
MR. FORD-They're different than the ones we have on here?
MR. HODGKINS-No.
survey.
That's it.
That's the survey.
You have the
MR. KARPELES-What is this 156 foot dimension?
MR. HODGKINS-All the way to the shorel i ne , to the outer
yes.
MR. KARPELES-And this is just from this post to this post?
post,
MR. HODGKINS-Yes. The shorter distance is from post, the tie
lines they call them, I guess. They go between tie lines. The
shoreline does, you know, (lost word) varied oveY the years, as
they've indicated to me. Distance back, I'm not going to even
guess where the number came from. That's something my father has
taken with him, but he had indicated he got it somewhere from a
document.
MR. CARVIN-Do you have the original survey map of this.
MR. HODGKINS-There's no original survey map.
MR. CARVIN-Well, this is just from, in other words, it doesn't
have a stamp'or seal.
MR. HODGKINS-I've got one. There's the Cushing property to the
north, (lost word) property to the south'. I'm staying with some
of the theme, to protect the visual impáct from the lake. I've
got some pictures here that are pretty accurate, as far as
showing what this lot looks like, and people that have been up
there are aware, this is a very heavily wooded lot. In fact, I
hesitate to say it's probably the most heavily wooded lot, one
way up and down on that point, and it's a double lot. It's not
the traditional 60 foot lot that you're seeing going up there.
In fact, originally, when it was cutup on the Ripley Point deed,
it was two lots, and it was combined almost from the start. If
you look over to the, I know some people are, but if you look
over the one I've modified, I h~ve taken one of the surveys and I
have modified it to show where some other parts are.
MR. CARVIN-Do you know if this is an actual, do they actually go
out and measure this, or is this from a scale, is this a scale
map?
MR. HODGKINS-It's a survey.
it.
I don't know how the surveyors do
MR. THOMAS-I think the 'surveyor probably went out and shot it
wit hat l' a ns it.
MR. HODGKINS-The survey pinned it,. It's all pinned.
MR. THOMAS-He was there
that's survey accurate.
with a transit. So that was shot.
It's not measured off another map.
So
MR. CARVIN-It's not a scale. Okay.
MR. HODGKINS-Yes. He did go out and shoot it for us.
MR. THOMAS-The only thing is, this doesn't show the porches.
MR. CARVIN-Yes, this doesn't show the porches.
MR. HODGKINS-Right. If you go to the next page on the one, I've
- 44 -
'-'
--../
added the porches, and I've tried to b~ accurate. Obviously, I'm
not a, you know, as far as putt~~g in~ I'ye, tried to be pretty
accurate in putting them in. We do have a solid piece to mèasure
from now, and the surveyor's given us that, so we can, we'll be
measuring, that is the actuai foundatio~ of the building, and the
porches do sit on pier;s, as they did previously.,
MR. CARVIN-Okay, but how wide is this?
MR. HODGKINS-That's eight foot.
MR. CARVIN-It's eight.
MR. HODGKINS-This sits on piers, and you can see the original
foundation b~ck here~ where they were sitting before. Again,
that's the existing. As I was indicating, there's still existing
foundation. That's it right there. It comes up, and that's
where that porch was sitting. So there is a piece of the
existing foundation out there, which we.'ll~be taking.
.' .' '.j"
MR. CARVIN-Okay. Any questions, gentlemen?
MR. MENTER-Not at the moment.
CARVIN-Anything " add?
MR. you care to
MR. HODGKINS-Sure. I've got lots to add. In comparison to the
neighborhood, and how it does stack up, what w~'re looking.at,
please bear with me. This is, obviously, visuallY looking from
the lake, and I think everyone will agree, that was there, this
is fairly heavily wooded, fairly well buried into trees.. A,lso,
compared to the neighbor,s, there's a, I know they were,wor'king
on, the Zoning Department is working on a new way ,of trying to
limit growth in the area, that being the percentage of living
space to lot area. .If we go up and ,down the point,' these are the
same that were, actually the same people that w~represe~t~d,last
year. (los1:. word) going from 13.7, 23,24, 20.4, goin~ south to
13.4, 1~.3, our entire lot, all the living space" on that lot,
including the garage, will add up to 12.4 percent. áo it would b
be the smallest of 'the lots north and south of us,. the
utilization of the land itself. I also did a little study on my
own. It's also the most heavily wooded lot on a per ac~e basis
or a per unit b~s¡s. There;s more large trees on this lot than
three north and two south. That's what I'm trying tQ present
from this picture here. I would like to show you a few
ph<;>togrp.phs, that we're coming through.. Again, trying to stay,
to continue with the fact that under the definition of Waterfront
property, we tried to 'keep, the lake view is the mostimpòrtant
view that we're coming up with. These are pictures of thB land,
how it looks, and how it would probably continue tp look, because
the, as anyone saw it up here is aware, all those trees were
saved. Trees in diameter up to 32 inches, right in front of the
structure. There's some in the back ¡there, too. In fact,
there's one here in· the back that shows, you cannot see the
structure from the next door neighbor's house to the north: You
can barely see their house in there, it.'s. a little white spot,
because of that (lost word). One of the reasons, ¿bviously
there's some hardships and reasons we need to continue here., It
continues from the original variance, or should I say this new
variance, the topography is' the difficulty. This shows where the
new foundation, as you're sitting 100kin9 up. It is, in fairly
deep down the hill, and the hill goes straight up. If you go to
your second page of the, that I put together for your survey,
you'll see that where I tried to outline where the leachfield was
at the top of the hill. That leachfield is the limiting factor
of how far off we can go. We cannot, I think we've got, on the
leachfield side, we've got aÞout five to eight footQf working
space to hit the 75 foot, and that is on the steepest p~rt of the
hill. I think one of our largest hardships, at this point, is
the fact that we have made a large investment in putting the
- 45 -
-......-
--./
foundation in. The foundation, again, is exactly what I
described in the former variance, and it is now, it's three
quarters complete, and it's complete under, it's complete. The
footing's are inspected by the Town, and the permit, as of today,
still stands. I will put some comment in why the house was torn
down, because I think that's important for you to know. The
intentions were to' enlarge this house. We have made changes
since my fathe~ passed on. The original house, the modification
was going to be we put on the 800 square feet.' There was going
to be a full baseme~t in that section. Cost comes into a factor
when looking at all these things. The first thing we eliminated
was the full basement, and actually the first thing we eliminated
was the stone fireplace and went to a metal asbestos. The second
thing we looked at, we did eliminate the full basement. In
reconstructing it, as was noted in the original variance, there
was going to be a completely new roof on top. The original
variance håd indicated that the roof line would be higher. There
would be cathedral ceilings, that all the interior will also be
removed, ãnd replaced with new intetior walls because the
bedrooms would be transported to another area (lost word). So
that was a known fact as to the original variance. Other facts
that come up, that run into, and these are a little bit
contradicting to the, there's contradicting laws here a little
bit. Number One, yqu do have to meet, when you increase a
building by over 50 percent, you have to meet the New York State
Energy Conservation Construction Code, and that construction
code, if you replace different components of the house, over 50
percent, you have to bring them up to the new Code. The new Code
includes six inch walls, includes an insulated foundation, frost
line insulation. It also includes all of the windows have to be
brought up to the proper R, the glazing R value has to come up
properly. ,The roof and ceiling has to come up to the appropriate
ones. The original house was built in the 1940's. There were no
energy concer~s at that time. It had a zero insulation. It had
four inch stud walls. There was not a frost wall. The
foundation itself was not down to the frost line. It was not an
insulated foundation. It did' not have the drain piles or
anything else that are met to Code. There are possibilities. I
have to admit. There's a possibility you could rebuild. Part of
that rebuilding would be to jack up the house, put pilings in or
something down to the frost line, insulate underneath the deck.
You could remove everything, probably, but the deck. You could
shim walls if YQU wanted to shim walls. All of this said, it
seems to our architect and to myself, anyway, I don't see many
practical solutions to meeting the Energy Code. It would be much
less costly, again, to take down the shelf and put up a brand new
shelf. ¡, again, will take, right from the get go, and the old
variance as it was issued, we were taking out all brand new
rooms. That was said. They were removing some, putting in
others. A new roof was going on. $0 I think it was known that
the interior was being taken out. At least one wall was coming
out, because you're putting in an addition to the other side. So
we're down to, you know, three walls and a deck, is what,
realistically, and that would have been stripped and shimmed out,
what would have been left of this structure. The front pilings
for the porch, were only down a foot. They have to be down to
the four' foot level, as you can see from the holes, when you were
out there, and see the holes dug, they are down properly and
support the house properly. So, I did to talk to some other
people about how these things are done in other communities, and
I talked to one gentleman in Long Island, and in Long Island,
what they do is they build shell around it and throw everything
out the window afterward. Now maybe that'~ the proper way of
doing it. I didn't think it was a practical way. You'll have to
excuse'me on that. We tried to build this house to what we said
we would b~ild it, and when Jim Martin a~ked us to make
modifications, we made modifications. He looked at it and didn't
like something, we changed it. When Dave Hatin looked at the
foundation wall, he asked us to make sure the insulation was on
properly. I've insulated the interior, and he needed, it's a
- 46 -
',-
~
crawl space, and he wanted that ~heetroc~ed. so we decided to
insulate on the outside, to make him, to satisfy his needs. So,
these items were looked at and these were ~djusted. ,I don't
think we'ye walked in here m~liciously pr' trying to sneak
something by. I don't think tearing a hole down in the middl(:¡) of
Cleverdale, it's possible ,to' snea k ' a nythi ng by. So I $i¡luess my
comment is here, yes, ",je did 'take the structure down.,. Yes.
There is a small; port¡on left, just because it's underneath the
front porch~ we don't have t6 have a froê~.wall, and it is a
footing. We ~id explain that to Jim. I ðo~'t think our ~roject
that we're aSking. for is ,a bad project .' 11;:.',s smaller than most
of the projects that you have approved on Cleverdale. We're ask,
we only need one vari~n~., and it ~as something that, there was
something there before. The visual im~act is minor, becau~e if
you take the, we're expanding to'thenorth, and there,'s still
Dv~r 55 feet betw~en,~¿tually the outside wall, our north wall,
, _~ ..' . . ; I ,', ,
and,the next property Ilne, which is larger than most lots ,that
are en the point. I think my' point here is that 12.4 percent, I
think you submitted 8, 1¡..~rget of 10 pet"cent, as far as perceT\tage
of living space to the gross, the ~ot size, and I think ones that
have been accepted and promoted, basically, with setback relief
on the lake setback and side setback are closer to the 30 percent
marker or bettet" right now. I th'ink'it's 8 very reasonable
project. I don't think we're asking the relief that's
substantial for us ~nd our fam~ly. It's a nice living quarters
and our attention's are to hav. a nice summer ,home for a long
time, as we have since 1952.
MR. CARVIN-Okay. Any questions of the applicant?
MR. ,KARPELES-Yes.. I,~ve !;Jot a, quest ion. You did a compar isol') of
square feet. Did you do a comparison of setback with the
neighbors? It looked to me,like your '6ther neighbors on 'the
south side had met the side setback rules.
MR. HODGKINS-The south or? The south side people, I did not, do a
comparison, but they do set back farther. The one two south from
us, I know, is 50 foot back. The one right next to us, I think,
is pretty close to 50 foot. It's somewhere r¡gh~ in the 40 t6 50
foot mark. You have to remember' all of us that have owned these
houses, we"ve watched the setback go from 0 to 20 to 30 to 50 to
75 over recent Years. ,So there has been some changes as far as
that goes. To the north, the setback on the ~ouse north of ~s is
43 feet. The next one north I don't know. I haven't seen the
survey. It's probably p~etty close to that, because they line up
somewhere in that area. I also ~.Jould like to mention that at our
last variance there was no one out here that did speak in concern
of that. That do(:¡)sn't mean that the~e won't be anybody tonight,
but at that time there was no one that spoke in ,concern.
MR. KARPELES-When was this?
MR. HODGKINS~Last year, a variance was received.
MR. KARPELES-Well, it was an existing structure then. Once you
rip it down, that's when you correct the variance, or the
setb~ck .
MR. CARVIN-Okay. Anything else?
MR. HODGKINS-I don't h~ve anything, but my mother does.
MRS. HODGKINS-I have made copies of several things from time to
time here ~t th~ office, signing my little letter saying I can,
and one thing that seemed to be of great concern from one
neighbor was that the neighbors next door, on either side "would
have a problem with view, because of our hous~, an~ I gues~ ~hat
I really want to point out to you, that our house isn't going to
have any effect on that view whatsoever. It's 60 size trees that
are existing, that have always blocked their view. It's 'not
- 47 -
going to change any, because we have worked very hard to maintain
those. We're keeping all those trees, and so they're not going
to have any different views than they had before. The greenery's
there, and that~s what cuts their view.
MR. KARPELE$-Yes, well, I think I asked that question.
MRS. HODGKINS-No, no. I didn't come from you. It actually came
in a letter to the Town.
MR. KARPELES-And nobody objected at that meeting. I remember
that. I was surprised that no neighbor did object at that time.
MRS. HODGKINS-Well, no, what I'm saying is that there was a
letter of concern, not from the next door neighbor, but from
another neighbor saying, you're ru~nlng the view for your
neighbor, but, literally, we're not. The trees are there. I'm
going to, keep those trees. We ~orked very hard to keep them.
They're gorgeous trees and I think they're (lost word) to the
lake, and the whole lot, now we had to take down three birches
behind the house, behind the foundation, because they, although
they might have survived the immediate construction, three people
told me I'd be taking them down in a year or two, they'd die,
because the roots would be disrupted, and there's nothing you
could do about it. I also have the neighbor to the south, I
spoke with her on the telephone, and she said, I understand you
took trees down between our houses. I'm sending her pictures.
We did not take any trees down between the Grays house and our
house. So that was another concern. Monetarily, I'm caught.
I've got too much money invested and we did it on a go ahead from
the Town. If it had been stopped originally, when the questions
were asked, this other money wouldn't have been spent, but a
tremendous amount has been spent, and 1 really have a problem.
Also, it's not just house problems, it's what do you do with
what's there, what do you do with a septic system that's a good
septic system, when there's no way" no room to get around it.
That's another problem. I guess I'd ask if you gentlemen have
any questions for me?
MR. CARVIN-Gentlemen? Okay. Hearing none, then I'll open up the
public hearing. Anyone wishing to be heard in support of the
application please come forward?
PUBLIC HEARING OPENED
JIM MEYER
MR. MEYER-Jim Meyer, for the record. I spend a lot of time on
the lake. I have a boat that I keep. Unfortunately, I don't
live on the lake yet. I hope to some day. The name of my
company even reflects that. I spend a lot of time on the lake,
and as I look around through the Bay, one thing strikes my, there
seem to be ," I can't quote you numbers, but there seem to be a lot
of newer homes that are too big for the lots. They're oversized.
Beauty is in the eye of the beholder, but they certainly don't
appeal to me. What we have here is a chance to put up a 1400
square foot building that really fits the lot, that has fit the
lot. It's the only break when you go by in your boat. If you
look to the north, there's, immediately, two boathouses right in
there. It's really the only break all the way around that point
that's qf any size. Again, I hope to live on the lake some day.
It appears that if this doesn't happen, the next person with a
million dollars could come through, it's a double lot, and he
could conceivably, different Codes, if needed the septic system
out and put in mound systems, you could conceivably ~nd up with
5,000 square feet of a massive house on that lot, because it is a
double lot. It's the biggest lot. I thi nk what you have , if
you've seen the pictures, it's a nicely done building. It's
understated. It fits the land. He has a chance to lock this
thing in at 1400 square feet and keep it small. If that doesn't
- 48 -
;,.--
---'
happen, if the lot. changes hands, perhaps, and then who knows
what's going to bappen. So I think what we have is a unique
opportunity to maintain the character of the lake and not run the
risk of putting up another massive dwelling that probably will
meet current setbacks because of the size of the lot. I think
you ought to take the opportunity to keep this structure,
effectively as it was, and maintain the beauty of the lake and
lock that other 50 feet up, so that the trees don't ~et mowed
down.
DAVID HODGKINS
MR. D. HODGKINS-I'm David Hodgkins, t~e unheard from, son. The
only points that I wanted to, I gue$s, drive home on this is I
think the evidence of the percenta~e or use of this lot is very
important to it, Number One. It keeps it smaller than any
surrounding property in that, under one of your guidelines,
conforming with the neighborhood, makes it the smallest property
'trhat would be 'there, and Number Two, in pushing this. house back,
my father considered that when he got, this property, when my
I, . ,,' , '. .: " . ' ' , .
uncle and him separated the two properties, and the slope of the
·,t" ". " .
land does not allow for any good use, pushing it back, even if
you were to say 40 feet or 50 f~et similar to the neighbors, and
lined it up. I'm not even considering the septic. Obviously,
you run into that at the 75 foot line, but if you go b.ackbe.hind
the house, and if you gentlemen have been out, and I guess 6ther
people have actually been to the site noticed as you get to the
middle, of that lot, that's where the slope is. You would have a
hous~i~hat would st~nd with a full walk out basement on one end,
and ~till be buried into the ,ground on the first f~oor on the
other. So it's physically impossible to move it back 30, 40, or
the 50 foot line without some major, major landscaping problems
and, once again, trying to preserve and protect the lake is one
of. the features that we're trying to do here. So the house
~itting down in its original site is the best use for the land
and protecting runoff and such. That's"it. ·Thankyou.
MR. CARVIN-Thank you. Anyone else in support?
opposition to the applicant?
Anyone in
MR. J. HODGKINS-I just want to also note that another good
feature here is that, and I forgot all about this. I sat down
with Jim Martin, and if you look at the sEfcqnq. page,pf;¡¡the ¡sur:vey
there where he made some modifications, one of th~ thinòs that
are improved on this property is the runoff control; and off to
the north, there was some discussion from different people, from
neighbors who thought that, there was concern over some of the
runoff off the property~ ,and ,that has been address~d ,on this
formal document to you, in putting in a berm in an area, and
again, Jim Martin and myself discussed it~ We also discussed how
the water coming off the roof line would be handled. W~'re not
discussing handling it with gutters, , but he recommènded that we
consider a trench around the side. We're considering both
options, at this point, and also bringing it ~ver to the drywell.
,So this is going to be an improvement to the-property over how it
was before. Before the water basically just ran down and
through. So it is an improvement. The other improvement is
simple things like going to moderate constructio~. You're going
from a five. ,gallon flush toilet to one and a halt' gallon flush
toilet. . There's a~tual1y less fluid (lost word) going into your
septic tank and such. So those are improvements that you get
with the new plan.
MR. CARVIN-A~y let~ers?
MR . THOMAS-Yes" we have one. A let'ter dated Mar~~ 20, 1995,
"Dear Sir or Madame: Regarding Area Variance No. 12-1995,
Dorothy B. Hodgkins, Mason Road, Clev~rdale~ New 'York, seeks
relief from 75 foot shoreline setback required',by, Section 179-60.
We are near neighbors to the Hodgkins' property -- two camps
- 49 -
..-
---,'
north. The already poured concrete pad and foundation walls for
the planned new cottage are approximately 17 feet from the
shoreline. This is unacceptable to us and we request the board
to deny the variance. The preservation of the Lake is of primary
concern but also being that close to the lake will block north
and south views of those neighboring cottages that are in
compliance with the required setbacks. Also, since the 'garage'
on the property, which has an apartment upstairs, represents a
'second dWelling' on ø single property which is in violation of
section 179-12C, we feel that set back requirements should be
followed to the letter. The continuing insistence of Ms.
Hodgkins to push to get what wants -- zoning be damned--
violates the public trust and those institutions which serve it.
Please deny the variance request! Thank you. Sincerely, Donald
Billings Wheeler Sarah W. Wheeler" And it was faxed to the
Town.
MR. CARVIN-Okay. Last call for the public.
JACK CUSHING
MR. CUSHING-I have to clear the air for myself. From the very
first time that Jack Hodgkins, Sr. talked to me, I had no feeling
against the structure. Their old structure was very poor, and I
did not think it was going to affect us. The only concern that I
had, from an environmental point of view, not from my own point
of view, was that the new structure was closer to the lake than
the old one. That was the feeling that I was getting as I
looked. Other than that, I wish them well, and as far as the
variance on the structure, I think it will enhance the lake. I
just wanted to clear the air to that extent, but I have not, at
this particular point, said anything against, except that I just
didn't want it too close to the lake.
MR. CARVIN-Okay. Seeing no other indications from the public, I
will close the public hearing.
PUBLIC HEARING CLOSED
MR. CARVIN-I will open it up for questions from the Board. Do
you have any questions, gentlemen?
MR. FORD-I don't have a question, but I do have some comments.
When it comes time and you ask for comments, then I've got some
comments.
MR. CARVIN-Okay. Any other questions first, I guess?
Then I guess we'll open it up for comments then, Tom.
Okay.
MR. FORD-I'm sorry for the inconvenience and the expense that has
already been incurred, but this whole proceeding could have been
avoided at several stages, and plenty of mistakes have been made,
as you've already indicated, and I think we have a golden
opportunity to correct sóme of them. The original appeal stating
the intent to build an addition rather than a totally new
residence is kind of carried into this appeal. I've got real
concerns about that. I think that the area nonconformity was
lost by razing this structure without permission or permit,
starting construction without written approval is a concern of
mine, not appealing to the ZBA or waiting for the Zoning Board of
Appeals to act before construction began is a concern. In this
most recent document we received, I note some misleading
statements, and I don't know whether they're intentional or
unintentional, but when we refer to adding 800 square feet, I
don't find this an addition. They talked about addition of 800
square feet to the present structure. I wonder if there is a
present structure.' I don't beliève there is. When we talked a
little bit further down in the paragraph, the space given up by
the existing bedrooms and bath will be opened up as a great room,
an enlarged kitchen ànd much needed closet space, well, it's a
- 50 -
'-
----
great room all right. I mean, and it~s really large, Number Two
under the reason for requesting also referred to the additipn as
requested, and unde,- lot and green space, at the present' time
there's about 88 percent gr~en space and after the addition,
again referring to the addition.
MR. CARVIN-Yes. Tom, I
information, I believe, is
app¡ication. I think he's
last couple of pages.
MR. THOMAS-Yes, that comes from Area Variance 10-1994.
might want to
in reference to
referring to the
comment that that
the M~rch of '94
information on the
MR. FORD-Well, it's stapled to the same informàtion that I have
regarding the new structure, and along with the chronologically
sequence of events, and then it leads into reasons for requesting
the variance.
MR. CARVIN-Yes. I believe when that was read in, I think if you
take a look up at the top, it says that that was Area Variance
No, 10-1994, up in the upper.
MR. FORD-Okay. I can't read it on my copy. I'm sorry.
MR. THOMAS-It was
after it was read
No. 10-1994, and
hearing today.
stated before it was read and it was stated
that all those items referred to A~ea Variance
not Area Variance No. 12-1995, which you're
MR. CARVIN-Well, I think that this information is all iIrelevant,
as far as the new application is concerned.
MR. FORD-Okay. Thank you. The basic issue I have is with the
quality of the lake and w.ith a new strueture coming" before us, I
believe that this is the opportunity for ,us to address
appropriate setbacks.
." ¡ i' . ( .. ; I ::' ~. ¡
MR. CARVIN-Okay. Any other comments, Gentlemin? Ari~ que~tions?
MR. MENTER-I would 'make a comment, í t~ink, reiative to what Tom
just said. I think just for the record, from ~ standpoint, the
premise is that we have anew application on" not an unimproved
lot, but a lot that doesn't have a residence on it, and we don't
f - d', ' - , ", ;. ;, I
have anything to work off, based on the fact that, as has been
said before, all existing nonconformities have been lost. So,
given that premise, without going into it, I intend to look at
this asa new variance, and all that that means in terms of
criteria for such. I Jusl wanted to say that. '
MR. CARVIN-Okay. Tony, do you have any questions?
MR. MARESCO-Basically, looking at it as a new application, we
have to look at it and see if the setback could be met or not.
That!s the big issue. We have the opportunity to see if it can
be met, and that's what,we've got to look at.
MR. CARVIN-Okay. Do you feel that he's met the '¿riteria for a
variance at this point, or are you not satisfied with his plan as
presented? Do you think that it could be brought into
compl ia nce?
MR. MARESCO-I'm not sure.
MR. CARVIN~Any questions, Bob?
MR. KARPEL~S~No. I don't have any questions. I agree with,
pretty much, everything that's been said. I think that the
intent of zoning is n'ót only to maintain the status quo, but it's
to, improve the sitµation, and I think that once a building is
destroyed, that's our opportunity to 'improve the setbacks, and if
- 51 -
~
--:
that foundation is poured immediately, we lose that opportunity.
I feel I've been cheated out of that, or if I accept the premise
that we have to use that foundation, and so, I agree, I think
we're starting from scratch.
MR. CARVIN~Chris?
MR. THOMAS-I agree with Bob that once the old house was taken
down, that that was the time to conförm, to make a new building
conform with ihe setbacks, but in this case, there's two over
shadowing circumstances to that fact, and Number One's the
topography of the land, since that land goes up at a pretty good
angle in the back, it would be difficult to move the house back
to where it should be, 75 feet from the lake, and, Number Two,
the existing septic system, which is a good septic system, and
really doesn't need to be disturbed. It's not the system itself.
It's the leachfield up on top, and it's those two things right
there that lead me to believe that that house could be re-built
right where it was, and another thing, too, is the sequence of
events here. On February 14th, Jim Martin, Queensbury Zoning
Administrator questions removal of house and accepts the fact
that part of the foundation remains. That is "I will take one
block". Do you remembe~ saying that, Jim?
MR. MARTIN-No. I don't remember saying that. I remember talked
about it. We were at the drafting table in th. building office,
and there was a piece of the wall saved, and I was trying to
refer back to other instances where there's been buildings saved
on the lot, and the old rights stayed with ,that, and I had heard
there have been instances with past determinations that if there
were even small sections of the foundation left, that constituted
the old structure~
MR. THOMAS-And then to continue on. Dave Hatin, Town of
Queensbury Building Insþector; Lee Horning, Contractor;, and John
Hodgkins, III are present. Work continues based on Jim Martin's
approval. Did you tell them it was all right to keep going?
MR. MARTIN-Yes, I did, based on what I heard that morning, I did.
MR. THOMAS-The 14th, and then here we go, on the 20th, Jim Martin
on his day off visits property in response to a call from Jack
Cushing, distance from the lake is questioned. Jim Martin and
Lee Horning make measurement and question placement of original
house. The same day, John Hodgkins, III meets with Jim Martin at
his office. After showing Jim Martin pictures of the old camp,
he agrees that the new structure is in exact location as the old
one. Jim advises, again, that work can continue. So, you know,
this is may be error on both sides.
MR. CARVIN-I think that we have to really maybe look at this
issue. I think that just because Jim Martin says something can
proceed or'that a building permit is issued is not, point blank,
authorization, or does not necessarily make, a wrong or right,
and I think that once Jim realized that there were conflicts
he,-e, I think that, as I understand it, the stop order is sitting
on this desk, and that the applicant voluntarily ceased
construction.
MR. MARTIN-That was the next day.
MR. CARVIN-So, I 'think that all the procedural aspects involved
here are correct, because I think once you, you know, he
examined, and again, I'm not putting words in his mouth, but I
think once all the pertinent facts were developed, and that it
was found that the variance that was issued back in March
actually was null and void, I think the situation has evolved to
where that's why it's here. In other words, that's what this
Board is ali about. I mean, it is a check and balance situatIon.
Just because a building permit is issued, and I think, and maybe
- 52 -
--
--'
Paul can verify this, I think that that, in many
necessarily constitute that a wrong situation
because a building permit is issued~ '
cases, does not
is now correct
MR. DUSEK-I have to say that the law is clear that Estoppel, o}'
preventing a municipality from enforcing its Ordinances, is
something that is not there. The municipality can always enforce
it's Zoning Ordinance. There's the clas~ic case down in New York
City where they built the skyscraper' andth~y forced, the
skyscraper was not built consistent with the Ordinance. It was
given a búilding permit, by the way, and they still had to tear
off, I think it was something like six stories off the building,
and the courts have clearly upheld the right of the municipality
to enforce its Zoning Ordinances in all situations. ,I have to
say that's pretty clear law.
MR. CARVIN-Yes. So, I mean, we are on firm groynd here, and I
agree that it probably does cause ~ lot of hardship, and that's
why we're here, to untangle these misinterpretations, and to give
the Zoning Departmentspme clear guidelines.
MR. MARTIN-I have to say, that chronology is correct, but, I
mean, you're talking about a ver~ small window of time here. In
a week's time, or ten days ti~e, the house was torn, down.' The
new foundation had begun :to go in. Things were happening very
rapidly here, and I admit~ Several days did pass where
construction had continued under things that I had said, but it
was stopped, and three o~ four days passed, or five days of w6rk,
but it was stopped '" . .
MR. CARVIN-Yes. Sol think, you know, 'the applicant has referred
that he has a building permit, and I suspect that if he starts
building, that Jim will slap an Estoppel on that particular
situation. So, again, I want to emphasize that I think the
procedyral, chronological situa~ion is in order here. 1 also
agree with'most of the Soard ~embers here. I think that ~e have
a brand new situation here. I think maybe some of our judgments
may be, as far a¿ the topography of, the land, maybe somewhat
obscured because there is a big hole there, and I'm assuming that
you didn't have any problem exqavati ng that, and I do¥)'t know if
a plan can be developed where, if the house was,moved back, that
that couldn't be flattened and still bring everything into
conformance. I mean, it didn't look like that that was bedrock,
if they had to uSe blasting or dynamite to dig 6~t any rocks. It
looked like it was pretty lo'se gravel. ~Q I think we have to be
careful. 'I think we do have an opportunity here to bring this,
maybe, into compliance.
MR. MENTER-Beyond opportunities, I think we have, from my
perspective, as a new applicat~on for this typ,e of ,variance, we
do have an obligation to grant the, least relief~ ~the minimum
relief. So, just for your benefit, that's the viewpoint that
certainly ~ need to look at this from. We're discussing a lot
philosophically here, I think.
MR. CARVIN-Well, I was going to say, it bo¡ls down to either we
can, A., table this application pending further review as far as
alternatives, whether a plan, and if that entails creating a
whole new septic system, I guess that's t~e w~y the cards fall.
MR. THOMAS-Well, you know, septic systems can be replaced, but
what about the slope of the ,land? That'~,a hardship.
MR. CARVIN-Well, I'm just saying that I
slope ,pf the land mayor may not. I
remember, they dug out abig hole th~re.
worse than what it really is.
don't think that the
do n ' t' know, because
I mean, ,it may look
MR. KARPELES-Well, I dqn't think they've explpred it with this
possibility. I mean, t~eY're being told now that this is a new
situation. They've been thinking, in the past, that they could
- 53 -
----/
~
use that foundation. So I think they've got to, that the onus is
on them to come back and see what can be done with that land. I
wonder, Sue says you can't add on to the existing garage. I
wonder why you couldn't just add on to the existing garage?
MR. FORD-I'd raise the same question.
MR. J. HODGKINS-We have looked at it, okay. After the 'February
22nd meeting, the marathon, to be honest with you, we reviewed
the options, anq I even came out and told Jim Martin, I said,
look, Jim, I dón't know if we're going to even try, because I
don't think that, to be honest with you, I wasn't real
enthusiastic after I left here, but' we did look at it, and we
looked at all the options, to see what we could come up with, and
we reviewed it. We added up where we could put things. We do
have a few obstacles, and there's more obstacles than what I've
put up there. Obviously, we have an excellent septic system, and
I think it would be a shame to tear it out and put a brand new
one in. In fact, you still only have a certain distance back you
can go. We have some limitations from a neighbor across the
street, a well was put in one year ago. I dqn't know if you're
aware of it, but it takes a permit to put in a septic system.
You have to be 100 feet from a well. It doesn't take a permit to
put in a well, and you don't have to be 100 feet from the septic
system. So for uè to move back, we do have a restriction on our
road side.
MR. CARVIN-Is this your well, is it?
MR. J. HODGKINS-No, it's the neighbor's well.
MR. CARVIN-On your property?
MR. HODGKINS-No. It's across the street. I have to be 100 feet.
MR. CARVIN-Okay.
MR. J. HODGKINS-The 100 feet line goes across.
MR. CARVIN-Is that 100 feet from your well or ~ well?
MR. 'MARTIN-Arty well.
MR. J. HODGKINS~Any well. I don't know of any other wells. I
haven't searched it out. There could be other wells there, too,
but to go to the garage, we cannot go, the garage is close to the
septic system as it is, going south. The garage is within four
feet, four and a half feet of the north boundary. So we have
four and a half feet there that we're looking at. Going toward
the lake, we would have 18 feet, but there's a question, we might
have some other'restriçtions there, as far as neighboring septic
systems. We have to be 20 feet away from them. We've got, so
there are some limitations, and we did look at them. We added it
up, and we thought, in practical terms there's other things we
have to look at, too. A 15 foot wide building is not a practical
width on a building. Most of our complaints, if you read the
letters from before, indicated about trees coming down and all
that, and we'd have to suddenly ta,ke out, another groupi ng of
trees have to come out. That means we're eliminating what, as I
read the purpose of the Zoning Ordinance is, to keep the beauty
of the lake. So we would have to do that. You're asking us to
dig more up. You're also talking about impermeable soil, land
now. We do have a patio down there, which we're, that house
where we're putting it, there's an existing patio right next to
it. That's always been existing, and it still stands, and we're
still going to be next to it. Well, that patio will still exist
and part of that foundation still is going to be down there,
unless there's remedies for that. So now you're worsening the
situation. I think what we, we looked it up and added it up, I
came back after a long weekend of looking what we have. We have,
- 54 -
'---
--/
I think, a minimal project here. We are not consuming a lot of
the ~and. I think that's the one thing I'm looking at heTe. So
we have some options. We're looking at one variance, as it comes
up. The question is, are we going to have to get two or three
then? And then what are our chances, because I think your
, ' ;,' , ',I'
important factors are stuff, things on the lake, runoff, which,
you start clearing more trees, you've got more runoff. You might
be making a worse situat~on. Plus, wecan't,meet the 75 foot.
So it looks like we'll have to come back. We would have to come
back and come somewh~re in between, and still haye a worse
situation. That's part of the options we're lOQki~g at here,
wher~ is'it acceptable. We've got 50 foot from the~ide, 55 foot
from the side line, and a fairly reasonable structure~ So:we did
look at it. We did look at the options. We added the options
up, and defined what's good, and I think the key' here is we've
got a good septic sy~tem in, a good location, beyond the 100 foot
mark. Hopefully, we can work from there.
MR. CARVIN-Okay. Any ,other comments or questions?
MR. FORD"..John, what .is your reason fo," , not wishi ng to go fur ther
to the north on 'your lot?
MR. J. HODGKINS-Well, we were trying to maybe minimize the impact
across the front of t~e lake. The difficulty with goi~g up, we
thought originally when we were looking at expanding the house,
was you could go up and back. ,Well, ,if you gO up and back, you
block, visually, the people on your south side and also block,
visually, the people from the road. So we stayed down and we
stepped over one and moved back and below there. It would have
been less costly to turn that whole thing and go, 5R' foot across
the front of the lake, but that seems like we're asking a lot to
clear a ,(lost word) another 30 feet across the front of ,the lake
there. You're staying the same distance back. So, on~ of the
things people always told us is, if you want to have a path with
view down from the lake, people as they're walking down the road,
who want to go see that, and we do have an area on this lake
which is kind of unique on the point. There's, aga{n, the 55
foot of undisturbed property çJ,own near the fW4ter" a~<:f if you go
anywhere on (lost word) it happens to be a very well screened
area, and if you step back a little bit, you're going to clear it
out and, frankly, you're going to have to take more trees down.
It's goi ng to be a thi nner lot that way. I gue~s ,!' m: 100 ki ng at
all those, and the restrictions that we ha0e ~s far as the
building and of course, obviously, I'm cqncerned with our
hard~hips and fhe expense (lost word) but Ithink~ from the
numbers, you can see it's a very small project. I think it's a
ve~y minor request, ¿¿mpared to, and I have to compare it to
other items that you've approved as a Board, ,setbacks, setbacks
from the lake. We might not be offering a largeim~rovement from
the lake, 'but we're also not asking'f.or!é¡l, we're not trying to
grab a large chunk anywhere else, and I think that's significant.
M~. MARESCO-Do you recal¡, John, what was the height of the
h9use?
MR. J. HODGKINS-If you stand down in front of the house, which
means you're at, you're down below the basement, the floor level
of the basement, which you go to 24 feet high, and those two
marks that you saw, I told you on the trees, that's the point it
angles up from. Those points are approximately 13 feet high from
there on the side, and then it goes up. So you don't have a
block that's 24 foot. You come to a peak there, and those are, I
think, pretty clearly marked, those trees. '
MR. MARESCO-Yes.
MR. CARVIN-Okay. Any other questions OF, comments, Gentlemen?
Okay. I would refer us to our criteria for the Area Variance,
and, obviously, there's five or six situations that have'to be
- 55 -
addressed.
wi 11 .
Does anyone care to make a motion?
Okay.
Then I
MOTION TO DENY AREA VARIANCE NO. 12-1995 DOROTHY B. HODGKINS,
Introduced by Fred Carvin who moved for its adoption, seconded by
Thomas Ford:
The apþlicant is proposing to construct a new constructed house
of approximately 1400 square feet on a .44 acre parcel in a
Waterfront Residential One Acre zone. The applicant is seeking
relief from Section 179-60, which requires a minimum of 75 feet
shoreline setback. If we were to grant this variance, we could
create an undesirable change in the neighborhood, or could
possibly have detriment to the nearby properties. The applicant
has not demonstrated that the benefits being sought cannot be
achieved by another feasible method. The applicant is seeking
approximately 57 and a half feet relief, which would be
substantial, considering that there may be other alternatives
whereby the house could be set back closer to compliance. If we
were to grant this variance, we could, again, have an adverse
impact and effect on the physical and environmental conditions in
the neighborhood and the district, and that this request is self
created, in that, at this point, we do have a vacant lot with a
garage, and as I said, I think that there may be other feasible
methods that should be sought by the applicant and, obviously,
this is not a minimum variance, if we were to grant it.
Duly adopted this 22nd day of March, 1995, by the following vote:
MR. DUSEK-If I may interrupt, Mr. Chairman, the applicant has
made an inquiry of me if it's still, at this point, ablé :to get a
tabling of this app~ication, as oppose9 to having the Board
render a v6tS.
,
MR. J. HODG,.áNS-YÔu sàld you:' didn 't1have enoúgl"\ information on
¡ . " ''''; ,-" ¡,.. '.~" " " ,'-;'" ' '. :, -' --', ,,"", " --.'c'~! _'. .. : ,!
the feasi:bi:lfty:oT';' going ina dif!fêrent direcefon. Maybe we
co~ld Pti~:tRàt ~o;e~Her 'and o*f~r tH~i t6'this Bbard.
';~, '. ¡' :.', ,; ':>"'~" ;..; , ¡.,~/:!
MR. 'tARVIN-clkay. Does thè Board have any' problem tabling this
for further information?
MR. MARESCO-I have no objection.
MR. CARVIN-I don't have a problem with that. I think you
understand where we're coming from. I mean, you can't have the
mindset that just becau~e you have a foundation, you have a
vacant lot, and wh~t~~e~ 'is going to work is going to work.
ùkåy. Baseð'd~ön< that information, I wi 11 withdraw 'my motion.
MR. FORD-I'll withdraw the second.
appeal be withdrªw~, ,then?, Tabled.
, :. ;.. ¡ , ~.' ." .'- ¡ ,
Are you requesting that that
; I
MR. CARVIN~Okay, and then I will move that we table.
Introduce' ¡'by
Thomas Ford:
To allow the applicant an opportunity. to present other feasible
methods which \'wôUld''re~ul tin a mOTe mtnimum'var iancèbeing
neces'sary?irhåt Will 6é tabled' for up 1:.0'1:60 days. ' /
Duly adopted this 22nd day of March, 1995, by the following vote:
AYES: Mr. F'Órd ,Mr. M~résco' " Mr.; Mehter , Mr. Kðh:hHes,
Mr. Thomas, Mr. Carvin
NOES: NONE
MR. CARVIN-Our normally tabling is, if we table, it's tabled for
- 56 -
'-"' ----
up to 60 days. Is that sufficient enough time?
"MRS".;,,!HODGKIN,s":J,I:f we have thf;:!'i: i nfo¡r¡,rI)a~Jon Rfi~or, t,~ that¡~ ca,D we
reqúeèt' ea)"lie)"?
MR. CARVIN-Yes. Again, you'd have to check with the office
there, as far ,as schedulinQ, þut if We don't hear anything back
in 60 days, the application is automatically taken¡out.
MRS. HODGKINS~Removed.
"
MR. CARVIN-Right~
"
MS. CIPPERL Y-To be on the Apr il agenda" the, information would
have to be in by the 29th.,
MR. MARTIN-A week from today.
MR. CARVIN-Did you hear that?, To make the April meeting, it
would have to be in by the 29th, otherwise it probably would be
put off until the May meeting.
MR. J. HODGKINS-Are there forms?'
MR. MARTIN-No. Just what they're asking for, more information as
to why it can't be setback further.
MR. CARVIN-Other feasible alter~atives.
NEW BU$IN{::SS:
USE VARIANCE NO. 11-1995 TYPE: UNLISTED S~~IA JEFFRY D.
MORRISON OWNER: ELSIE DUTRA 268 BIG BOOM ROAD APPLICANT SEEKS
TO USE PART OF AI. 73 ACRE RESIDEI'HIALL)' ZONED PARCEL ON BIG 'BOOM
ROAD AS A BABE RUTH BASEBALL FIELD. REMAINDER OF PARCEL CONTAINS
A HOUSE AND ACCESSO~Y STRUCTURES. SECTION 179-190 DOES NOT LIST
BASEBALL FIELD AS AN ALLOWED USE. (WARREN COUNTY PLANNING)
3/8/95 TAX MAP NO. 141-1-1 LOT SIZE: 1.73 ACRES",$ECTION 179-
19D ,', ,¡'
JEFFRY MORRISON, PRESENT
STAFF INPUT
Nptes from Staff" Use Variance No. 1~-1995, Jeffry,Q. Morrison,
Me.eti ng Date: March 22, 1995 "APPLICANT,: Jeffry D. ,Morrison
ADDRESS OF PROPERTY: Big Boom Road 'SUMMAR~ OF PROJECT:
Applicant pro~oses to u~e pa~t ofa 1.73 acre residentially zoned
parcel on Big Boom Road to construct a ßab~ Ruth leaQue baseþall
field. Remainder of field contains a "house and aCcessory
structures. CONFORMANCE WITH USE/AREA REGULATIONS: Section 179-
19D does not list a public baseball field as an allowed use. It
does list outdoor athletic court/facility as an accessory use to
'~i:r,~~~dence." R;VIEW. Ç~ITff:RIA!. BApIf:9,QN Se¡Ç;;r:IO~::1(,~67"\'"b¡,~PF. ;,10WN
LAW: 1. IS A REASONABLE RETURN PqSSIBLE IF THE LAND IS, ,USED AS
ZONED? Yes. This lot already contains a residence. At 1.73
acre, it is a conforming lot in this one acre zone, but is not
large enough to be subdi,v ided furthe)~. ? IS THE, ALLEGED
HARDSHIP RELATING, T9 THIS PROPERTY, UN;IQUE. ,OR DOES ,IT ALSO AþPL Y
TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD? The
existing use of this lot is in keeping ~iththe surrounding
neighbqrhood, which is re~idential in nature. There is no
apparent physical, economic, or other hardship involved. 3. IS
THERE AN ADVERSE EFFECT. ON THE ES$ENT¡AL CHARACTER OF THE
NEIGHBORHOOD? In discussion with staff~ the applicant desc)"ibed
this as a regional facility, not limited to GlensÞ~lls or
Queensbury residents. The insertion of such a facility into this
residential neighborhood would have a number of impacts: 1.
Traffic - No specific informatiqn.was prQvided regarding the
number of cars, number of games and practices per week, the
- 57 -
------
length of the season, etc., but this use appears to be similar to
Little League in terms of traffic. 2. Parking - Again, no
specific numbers are available. The applicant has stated that
all surrounding neighbors have agreed that their property can be
used for parking, but there is no documentation of this. The
application indicates parking on Proux Road, which is a 16.5 x
400 ft. strip which used to be a road, before the Northway was
built, and riow belongs to the neighbor to the south. This strip,
even with the neighbor's permission, would not be wide enough to
provide parking plus emergency vehicle access to the field. 3.
Noise - Any activity that brings a considerable number of people
into an area for a sports activity is likely to generate
additional noise. In what appears to be a quiet residential
neighborhood, the proposed ball field could be a problem. 4.
Safety In addition to the issues of traffic and emergency
access already mentioned, the safety of the neighbors immediately
to the north should be considered, especially since this field
does not appear to meet the criteria for distance for a Babe Ruth
league field. As stated above, there is also a residence on the
subject parcél. Fe~ce height in residential zo~es is restricted
to 6 feet. 4. IS THIS THE MINIMUM VARIANCE NECESSARY TO ADDRESS
THE UNNECESSARY HARDSHIP PROVEN BY THE APPLICANT AND AT THE SAME
TIME PROTECT THE CHARACTER OF THE NEIGHBORHOOD AND THE HEALTH,
SAFETY AND WELFARE OF THE COMMUNITY? Allowing a baseball field
would be the minimum relief necessary to allow the applicant to
create a baseball field on this property. It does not appear
that there is an unnecessary hardship proven by the applicant, or
that the character of the neighborhood or the health, safety and
welfare of the community would be served by allowing this use at
this location. PARCEL HISTORY: The existing house was built on
this property in 1955 and modified in 1958. It appears Mrs.
Dutra has been the owner of the proþerty since that time. STAFF
COMMENTS AND CONCERNS: Additional information is attached,
regarding the dimensions required for a Babe Ruth baseball field.
This information was provided by Mr. Harold Hansen, Director of
Parks and Recreation for the Town of Queensbury. Also attached
is the tax map section for this area, showing the 16.5 foot wide
strips on the neighbor's property. SEQR: The Short Form EAF
should be reviewed by the Board, as this is an unlisted action."
MR. THOMAS-"At a meeting of the Warren County Planning Board held
on the 8th day of March, 1995, the above application for a Use
Variance to construct a ballpark was reviewed, and the following
action tak~n: Recommendation to: No County Impact" Signed by
Thomas Haley, Chairperson. A letter from the Queensbury
Department of Parks and Recreation, dated 3/16/95, to Sue
Cipperly "As per your note concerning Mr. Morrison's request to
use the property belonging to E. Dutra (tax map #141-1-1), on the
north side of Big Boom Road to construct a baseball field for
Babe Ruth (BR) league plaY, I would only point out the following:
a. that the road/parking area shown as Proux Road on the diagram
attached to the application is in fact, not a Town road and/or
public area, but a 17 ft. x 400 ft. strip of property (tax map #
141-1-20), owned by T. & A. Hayes since 1978. b. according to
available BR rules/information, the distance from home plate to
the outfield fence for a BR league field is shown as 310 ft.
Therefore, the diagram submitted with Mr. Morrison's application
and depicting a ball field within the boundaries of the subject
parcel would not because of shorter dimensions qualify as a BR
league field. c. The Queensbury Little League organization
offers organized league play for approximately the same age
participants that Mr. Morrison intends to serve. A few years ago
the Little League created a major/senior league field with
outfield dimensions and fences (300 ft. +), specifically
dedicated to this older age group (10-15 yrs. of age). Inasmuch
as a major portion of BR league play occurs in the summer months
when the little league season has concluded, it would seem that
Mr. Morrison and the Queensbury Little League might, therefore,
work cooperatively, so as not to duplicate facilities.
Respectfully, Harold R. Hansen Director of Parks & Recreation"
- 58 -
--../
MR. CARVIN-Okay. Mr. Morrison.
MR. MORRISON-I've gone to both school districts, and I talked to
Mr. Modd. There's nothing for us to use in this area at all. We
can't use Crandall Park. We can't use ' Queensbury Migh School
baseball field. We can't use the Queensbury Little Lßague
complex. This is on pr ivate property. I jl;.lst want, to give the
kids a chance to play baseball.
MR. CARVIN-Okay. Maybe you can, the property is owned by Mrs.
MR. MORRISON-My mother has it, Mrs. Dutra.
MR. CARVIN-Okay. She's your mother.
MR. MORRISON-Yes.
MR. CARVIN-Okay. You're indicating that she has ~o intention, I
guess you can comfortably speak for her, that she has no
,in1;,ention of sel,~in~:1.h.(è!,r:"il?rpP~r,tty,:fqr, 2,0, ~ear!>?
; "¡ ¡ ! I . -' ' 1 !', ] ; I ~: : I I I,!; I,!, ": f
, MR.: ,.MORRISÔN-Y~~!~ ¡';(~:;jRfin:gu~r:antee 1:;h~~~, '::
. ,
" ;
L·'t;'
. ,
, ~ -"I
.'J ¡ ~
, ,
. ~ \ j.." . -it ¡:, ~ ~~...j ,:1-1 :'" ,;','.
MR. CARVIN-Okay. Can you give us a little bit ~ore insight into
exactly what kind of league you're t,"ying to form here?
MR. MORRISON-Okay. It's Babe Ruth baseball, and the only thing,
as far as the requirements of the fences,~ they don't have to be
315, ·feet. The only requiremen~~you:nee~)~~e major le~gue bases.
They've got to be 90 feet between home, and first ~nd home and
! third. The pitching mound must be 60 feet 6 inches. Therø is
" ,
no, you can have fences as short as 200fee.t:,~ YQµ can;þa~e.·them
as deep as 400 fe~t. This is a rough skeich of the ballpark, and
I've got it facing from the west to nor~hea~t. ~e can easily
f¡ip it right around, because the mound and the bases ~aven't
been set yet.
,")
MR. MENTER-Jeff, how come you have it,set:that way? Wou~dn't it
be better to have the short field in right, rather th~n left?
MR. MORRISON-Yes, it would. It would þe,a hitter's park for
right handed batters. Yes. It would be, , When I originally set
this up, it wa~ in, the fall and I was lOÇ)king at, the way the sun
was setting, I:>ec~use we plan on playi'n~ the game, if we',"e
allowed to play the game, the games would ,be played roughly from
five thirty in the evening to no later than nine o'clock at
night, that's in the summer. Usually they're over by eight
thirty. It takes about two hours to t~ô and a half houí<s for a
game. As far as, I couldn;t give any answers as far as how many
games a week, we could play, or parking, because we can~t have a
registration unless we have a place to play. W~'ve had
everything in place since last November;: and I've been pushed
back, pushed back, pushed back by these peop~e until I finally
had to confront them, and then I was stonewalled, because they
said, we're not going to let you use the school field. They
would rather let the school field sit d9~mant than let somebody
use it. Now I talked to Mr. Martin. Mr. Martin got OD ,the phone
and talked to Mr. Modd. I typed up a proposal and I got it to
Coach, Mara, who's the Varsity Baseball Coach. Mr. Marél., had no
problem with it, the programs we had designed. There was a two
and' a half week time frame where Queensbury' Little League
continued, ,Babe Ruth Baseball started up. This is a summer
baseball league. Conventional Little League ends the third week
~n June, unless a pl,yer's picked to ~o, participate in All
Stars. The rest of ,the players are dismissed at the end of the
season. We plan on playing the last two weeks in June, all of
July, the first two weeks in August. So we play right through
the sum~er. If you drive around now, you don't see kids using
the baseball fields during the summer because, basically, Little
League's over.' There are kids that want to play ba~eball during
- 59 -
--
-/
the summer, and that's the opportunity. We have an opportunity
to provide this for these kids.
MR. CARVIN-Okay. Well, I guess my question is, what would you
anticipate the use? In other words, you've got to have some kind
of numbers, I assume, to make this thing feasible or viable.
MR. MORRISON-Yes. I don't think the League will get any bigger
than four teams. The one thing that, in the Babe Ruth Charter,
is you can't turn away a participant. If somebody wants to
participète, you havé to, you know, if they want to register,
you've got to let them play. So you can't turn anybody away, and
that's not our intention anyway, to turn anybody away, based on
their skill level. If they want to play, they've, got to play.
The size of Queensbury's Little League Senior program, right now,
I believe at last year's draft they had six teams. Some teams
have 11, and I think the most they had on a team was 12. So
you're talking Queensbury's program is-72 kids that play in the
spring and early summer. Some of those kids go on to play Legion
baseball, but that is a tryout type situation, which means if you
don't make a squad, you don't play baseball. There's a TriCounty
Middle League, but I've inquired about getting in T,-iCounty
Middle League, and at this time, they're not planning on
expanding at all. So there's no opportunity for these kids to
play. If they can't make the Legion team; there is no Middle
League team in Queensbury.
MR. CARVIN-No, but, again, I guess what L:m saying, to make this
thing a viable, functioning situation here, what would be the
minimum number of teams that you would require? I mean, if you
have one team, I mean, it seems kind of silly for us to go
through all of this for nine kids.
MR. MORRISON-No, no. At least three teams, three or four teams.
MR. CARVIN-Okay. So, I mean, that's what L:m asking, is that you
would need at least four teams, minimum, and you would have the
potential of having a greater number than that, obviously, if
more kids sign up, but if you had, what's a baseball team, ten or
twelve kids, normally?
MR. MORRISON-Yes.
MR. CARVIN-So we're talking maybe 50 kids.
MR. MORRISON-Yes.
MR. CARVIN-Okay, and was this number given to some of the other
powers to be, and what was their objection to 50 kids, I guess?
MR. MORRISON-From the school, Mr.
problem with the Maintenance and
don't want to tie the fields up.
the semi-pro team the Colonials.
committing to us, you know, letting
Modd, said that he would have a
Grounds people up there, they
Plus the fields were used by
He had a problem as far as
us come in.
MR. FORD-What about the other fields? 'You mentioned Crandall?
MR. MORRISON-That's used by American Legion Baseball teams.
MR. CARVIN-Well, it seems to me, like, isn't there three or four
baseball fields in Queensbury? And I know that when I drive by
there on a summer's evening, I know there's, I call them the beer
leagues. I ,mean, there's no way you can schedule in and around
those, or is that a separate arrangement? I don't know.
MR. MORRISON-Their answer was, they'd rather let the fields lay
dormant than let us use them, because it would create a problem,
an unnecessary headache as far as (lost word) with maintenance
people, the high school fields.
- 60 -
~
---
MR. MENTER-That's the one you'd have to use, the
field or the senior field within the complex, right?
the two options, right, in Queensþury?
hiSh school
Those are
MR. MORRISON-Yes.
MR. FORD-What is ,th~ frequency of use of aDY of the other fields,
going back to Crandall, as an example?
MR. MORRISON-Crandall Park, I believe the Legion teams playa 60
game schedule, anywhere, fr~m 40 to 60 games. I think it's
usually three or four times ~ week, by the Legion team.. If
they're not playing, they practice on that' facility. I even
inquired about East Field, but ~e don't have any money, and it
costs $500 to use that facility, for anything at all.
MR. KARPELES~What do you want to put on this field that you don't
have on their now?
MR. CARVIN-Grass, I hope.
MR. MORRISON-There's grass that's already been planted.
MR. KARPELES-I mean, are you going to ,put bleachers or?
MR. MORRISON-Just fences.
MR. MARESCO-Now this is regional, too? You'll have other teams
from other par~s of the State?
MR. MORRISON-This isn't going to be a regional site.
MR. MARESCO-It's not?
MR. MORRISON-No. When I had a discussion with Mr. 'Martin, I said
I would not excluqe anybody from the Warren County area. It
didn't matter what school district they were from.
MR. MARESCO-So they'll be playing other teams from other parts of
the County?
MR. MORRISON-No, no, no. This will be inclusive, there'll be a
travel team. They'll have to go, like we had to do last fall.
We went travelling all last fall, but we only had one team last
fall, and we wound up traveling for a 10 game schedule.
MRS. MORRISON
MRS. MORRISON-I'm his wife. I'm also president of the Babe Ruth
League, if we Qet it started. What ,it will be p¡~y~ng, on the
field is just our Babe Ruth League, and like he was saying, he's
not going to exclude anybody. Any chjld within ~he area can
choose to join the Babe Ruth League and play in our League, okay.
It'll only be our teams playing on that field. It won't be teams
from Saratoga or anywhere else. It'll be just our three, four
teams playing on that field, period. If we get into tournament
action, the end of the season, it'll be a travel team. We will
travel elsewhere to do that. Does that help?
MR. MARESCO-Yes, it does.
MRS. MORRISON-I mean, it's not a public field. It's private.
MR. CARVIN-Okay, but you have no plans f¿r bleachers? How about
dugouts for the kids?
MRS. MORRISON-Event~ally, maybe, but they'd need ;benches to sit
on. They don't need any of that.
MR. MORRISON-The benches behind the fences are the only safety
- 61 -
--
,
.~
factor that we have to consider.
MRS. MORRISON-An old fashioned ball field where they can come and
watch the kids play games and have a good time.
MR. FORD-Could you address the parking issue, please?
MR. MORRISON-Okay. From what waS read earlier, they say Proux
Road's not on a Town map anymore. I talked to Mr. Hayes, and he
showed me his property line, and I walked my mother's property
line, and I pulled'out all the deeds, and Proux Road's listed on
all the deeds. As a matter of fact, there's a bunch of junk
we've got to clear off this road that the Town has dumped up
there on that road. (lost word) like a ton and a half of
blacktop that they didn't have use for.
MR. MENTER-Excuse me, where does that road end? It just goes.
MR. CARVIN-Straight back to the Northway.
MR. MORRISON-The house that is on this property right now used to
sit down this road. This house used to set right in the middle
of the Northway. New York State moved this house from the middle
of the Northway to this lot. It was a brand new, the house has
just been (lost word) but the State moved it down to the corner
lot. My mother bought from this corner all the way back to the
Northway (lost word).
MR. CARVIN-Okay. Jim, would you care to comment? Is this an
abandoned road, or is this an official road, or is this just part
of somebody's property at this point?
MR. MARTIN-My understanding, it was a road by use, up until the
time that the Northway was built, and then at that point, it went
out of use as any sort of public right-of-way, and I think after
a certain number of years, a road by use that is no longer used
by the public reverts back to the underlying owner. A road by
use is strictly that. It's not a road by deed. In other words,
the Town does not own the property the road sits on. A road by
use means that the Town has the right to continue to use it as a
road, but should that use stop, then after a certain number of
years, it reverts back to the underlying property owner, and I
think that's the case with this road.
MR. MENTER-W~ic~ would be Mr. Hayes.
MR. MARTIN-I believe so, in this case. I haven't looked at the
deeds or anything.
MS. CIPPERLY-It has it's own tax map number, and that, it is
registered to, that's what the last page of your notes is.
MR. CARVIN-Yes. Do you know if Mr. Naylor has made a comment on
this? I mean, does he plow this? He used it, do you know?
MS. CIPPERLY-No, he doesn't plow it.
MR. MARTIN-That's what I mean. If the Town stops maintaining it,
and the public stops using it, then.
MR. CARVIN-I've got to admit. I drove by it. In fact, I had a
hard time finding it, several times, I ended up way down at by
the river, as a matter of fact.
MS. CIPPERLY-I've researched it through the Town Clerk's Office a
few times, now, and thére's no record of it currently being a
Town road. So, I'm just going on what I can find out.
MR. MARTIN-The indication at this time is it's not a Town road.
- 62 -
.....-
---
MR. CARVIN-Okay. All right. More to the
no right~of-way over that road, then, is
words, your only access to that field is
this gentleman's say so?
point, I mean, you have
that, correc~?In other
by the grace of God and
MR. MORRISON-Yes. Well, I thought I had half of this road. I
thought half of this road reverted bac~ to this property, because
that's where it was originally taken fr9m (lost word) property.
MS. CIPPERLY-We've also had this discussion a few times, Mr.
Morrison and I, and he just insists that it's his way and not the
way the ~apers are.
MR. MORRISON-He had his property surveyed, and,he showed me the
stakes the other day.
MR. CARVIN-Well, the other problem I have, I mean, obviously,
there may be an ownership issue, if it is a Town road. i I mean, I
would certainly want to see it closer to the, we have a 50 foot
road requirement, or a minimum, I guess of 40 f09t, right?
MR. MENTER-Fifty feet.
MR. CARVIN-Fifty
issue, as far as
things like that.
feet Jor access, and I th,i nk it's a very good
emergency equipment, ambulances, fire trucks,
I mean, how would you addres.those concerns?
MR. MORRISON-Well, like I said Mr. Hayes has already given us
permission to go through there.
MR. CARVIN-Okay.
not?
MR. MORRISON-No. I did~'t get it in writ~ng from him, but I had
discussions with every neighbor around there,. Mr, Nolin has said
that we can park cars Qn his property. ' ."
Do you have that in writing by any chance or
MR. CARVIN-Okay. Well,.~ have a problem y.si1;.h t.!:!ät., too, wi thout
really being nailed down. Would you have any ,concept or idea of,
on ,this property, because, really, this is the only thing that we
Can address, and not what the neighbors mayor may not be willing
to allow. Do you have any feel for what you would be able to
comfortably accommodate, as far as parking? I mea~, if we're
talking 50 kids, and we assume that even half of them have
parents that show up at these games, we're probably talking.
MR. MORRISON-There wouldn't be any more than 24 kids up there at
a time. So if you get 20 cars, that's saying something right
there.
MR. CARVIN-Okay.
MR. MORRISON-I don't know, ten, fifteen cars on th~re easy.
MRS. MORRISON-And we never have more ~han one game ata time out
there. We never have more than two teams at a time on the field,
playing baseball.
MR. CARVIN-Okay. Any provisions for lighting, or electricity out
through th~1'e?
MR. MORRISON-No. It's not necessary. We're only pl~ying games
during the day.
MR. CARVIN-So, there will be no lighting?
MR. MORRISON-No.
MR. CARVIN-Okay. How about a concession or food stand or
restrooms, rest facilities?
- 63 -
~
--'
MR. MORRISON-No. Rest rooms are going to be portable bathrooms
from AmeriCan in Saratoga. Service contract, they come and
service it twice a week.
I
MR. CARVIN-N6 food or rlo concessions, things like that?
MR. MORRISON-No.
MRS. MORRISON-What people bring with them.
MR. MORRISON-There'll be water there available.
MR. CARVIN--Okay. Any other questions, Gentlemen? None at this
point? In view of that, then I'd like to open up the public
hearing for anyone wishing to be heard in support of the
application? Anyone wishing to be heard in opposition?
PUBLIC HEARING OPENED
LOIS HUNTLEY
MRS. HUNTLEY-I'm Lois Huntley, and I live on Arberger Drive,
which, if you go down 8ig Boom, we're the second left, and Big
Boom sets up in back of us. So the noise that we get, we can
hear the cars on the Northway, and we're wondering what noise is
going to filter down to us, between five thirty and eight thirty
at night, when we eat dinner outside or have company or outside
enjoying our own property, from up there, and I really didn't
understand, I had a question for Mr. Morrison about the
Queensbury Little League said that they may be able to work
something out. I didn't really understand or.
MR. MORRISON-No. Their season overlaps our season. Their site
is a regional site for Little League baseball. They have the
Regional Championships there through July and August. That's why
that's not available.
MRS. HUNTLEY-Because it was my understanding that they said that
you may be able to work something out. Isn't that what you read
in your letter, Mr. Carvin? Didn't you read in the letter that
the Commissioner of Parks said that Queensbury Little League
would be able to work something out, possibly, with them?
MR. CARVIN-Yes. I think that that's a fair assessment. I think
that Harry had indicated, says, "It would seem that Mr. Morrison
and the Queensbury Little League might, therefore, work
cooperatively so as not to duplicate facilities". So it would
appear that, at least in Mr. Hansen's opinion, and this was as of
March the 16th.
MR. MENTER-He's not a representative of the Little League, Mr.
Hansen. So he's just stating that he would hope that they could
work this out, as a third party.
MRS. HUNTLEY-I had a question about, there's a field over by West
Glens Falls Fire'Department, which is not used. I was wondering
why that field could not be used?
MR. MORRISON-I already checked both, the field on one side
belongs to the City of Glens Falls, and that's used by the City
of Glens Falls for the summer softball league. I checked out the
West Glens Falls Fire Department. That field's set up for
softball, and there's no way it could conform to major league
baseball. The bases are only 60 feet.
MRS. HUNTLEY-Well, my objection, I guess, really, is that it is a
quite residential area, and we're going to have a lot of traffic
with a park at the end of Big Boom Road, and I would really like
to keep it, at a minimum, adding any more traffic and people and
noise in that area.
- 64 -
',-,
-...../
MR. CARVIN-:-Okay.
MS. CIPPERLY-Another point about the park at the end of Big Boom
Road, a baseball field was something that was proposed for that
park, the Town Board currently doesn'i think that's a necessity
down there. Maybe this would be a good indicator to them that
there's a need for a baseball field in this area.
MR. MORRISON-I already asked Mr. Hansen about that, in front of
Mr. Martin, and he said it wasn't economically feasibl~ for the
Town to build us a ball park down there. He said, why would I
want to do that, when I could throw down bases dow~ there and
have soft ball? Why would I want to build a, ball park for Babe
Ruth baseball?
MS. CIPPERLY-Well, his 'conversation with me was he wbuldn't mind
if you brought your own bases and put ~h~RJqow¡n ~.'1d,¡! u~ed, ;,that
area.
MR. CARVIN-Is there a requirement in your League to have a fence
o~ some sort, or does it have to be?
MR. MORRISON-You
necessary, to have
not have a fence.
dea,l wi th.
can have an open field outfield~ It's not
a fence. As a matter of fact, they'd rather
It's an additional safety issue you have to
MR. .cARVIN,-I mean, I don't know the plans on this park at the end
of Big Boom. I mean, ~s there sufficient enough?
MR. MARTIN-Well, when we talked, Harry did indicate that it was
going to be for softball, but I don't know that. ¡thin~I,Sue,and
Harry have talked since ,that time. Maybe it could be a dual
usage type of a thing, where you could have movable þasesand
that type of thi ng, ~<l/here it could be moved back. "
MR. MARESCO-So you could modify it from one game to another game.
It's just a matter of moving bases to different feet.
MR. MARTIN-There's a pitcher's mound required. The bases are a
different distance. I don't know if both those things coyld be
accommodated on one field or not.
MR. CARVIN-There's also another par,k, I thi nk, just
side of the Northway, out Luzerne Road. I know
basketball court.
the other
there's a
MR. MARTIN-No. There's no ball field there, because ,there's
power lines over head.
MS. CIPPERL Y-Another, ,poi nt is this piece of pr'operty, why this
piece of property is the only one in Town that YOU can consider
putting a baseball field on?
MR. CARVIN-Okay. Lets conti nue, with the public hear i ng, I guess.
Yes. sir.
MR. DEMARS
MR. DEMARS-My name is Mr. DeMars, and I live down' by Elsie Dutra,
and Mr. Morrison did come by my residence, and he and I talked
about the project, and I had asked him how much have you done
prior to going, how much cleaning of the area or anything of
preparation of the area for a ball park have you done without
going ahead of the Board or asking the Town if that's permissible
in that'SR-1A area? And I think he said to me that he's alT~ady
cleared the land.
MR. MORRISON-Yes. The land's all cleared.
- 65 -
MR. DEMARS-Did he have any documentation, like pictures or
anything like that? 'We're really not familiar with that lot
being back there like that. I was just wondering if he had
anything to present to the Board, as far as the area? I see a
lot of hazards.
MR. CARVIN-The
visitation.
vacant lot.
only thing we have is a sketch, and a
I suspect everybody's visited the lot.
There's no vegetation that L can see.
personal
It's a
MR. MARESCO-Nothing there.
MR. FORD-But it has been planted, apparently.
MR. DEMARS-Okay. It had been clear cut? You have to clear cut
it to make the ball diamond, right?
MR. MORRISON-It's cleared and leveled.
MR. DEMARS-The entire lot is clear?
MR. KARPELES-Yes.
MR. CARVIN-I'm assuming that if his dimensions are correct, I
mean, whatever he's got here would appear to be clear.
MR. DEMARS-My question is, is clear cutting still allowed in the
Town of Queensbury?
MR. CARVIN-I don't know if this is.
MR. MARTIN-Yes.
beyond that of
subdivide for a
clear cut.
There are no clearing restrictions above and
a restriction on a subdivision. You can't
period of four years on property that's been
MR. DEMARS-Okay. That was one of my questions that I had. I
just want to go on record that I do, and I told Jeffry, when he
came to my house, that I would object to it. It seems that this
particular area hás been gifted by several different projects
that sometimes the Town of Queensbury doesn't want any other
place. We've been given three towers. We've been given an
abundance of every, a batch plant, and we've been given, excuse
my French, holy Hell as far as the small community area. I think
the saturation point is there. I would want to go on record that
you deny this particular use and this variance in the SR-1A area.
I see a lot of hazards in the layout. I got a freedom of
information thing to where I could get the layout, etc., and
stuff like that. I see a lot of the hazards. If this 16 and a
half feet, I just don't see how any fire vehicles or anything
like that could get in there. That would be one of the things
I'd want to stress. I'd also want to stress whether or not this
is a business, would he be deriving an income from this?
MR. MORRISON-No.
MR. DEMARS-There is no income?
MR. MORRISON-No. I don't get paid anything.
MR. DEMARS-Okay. So, in other words, responsibility wise, what
are we talking about, insurances, etc.? Do you have to float a
bond or something to have teams play there? Lastly, other teams
come into the area. I see a tremendous amount of traffic. Our
road is really not built for high traffic. It's a basic,
country, little country type road. It isn't built for a lot of
traffic, and there has been accidents on that. My daughter was
hit at 10 years old, on that road. Today she limps from being
hit with a truck on that road. I'd really fear of that. I have
grandchildren that live with me now, and I fear for them also, on
- 66 -
-../
a day to day basi~. I f~el that the parties haven't ieally s~own
sufficient hardship, as far as the application submitted. After
hearing you gentlemen, as well as ladies, tonight go ,over some of
these applications, it's like putting it to the wringe~~' I ~hink
this thing could be digested pretty easy, in and out. This is an
SR-1A area. I would just, want to go on record as opposing
everything about it. We will have a park at the end of that
road, whether it's going to be a ball d~amond in it or wþatever,
and it's a flood zone area, and if the Town wants to put in $100
to $200,000 to rebuild that area up, it's a basic floQd zone
area, I just think it's a waste of mon¿y. ~ think the' l~unch
site would be applicable to that particular area. It would be
great to have a boat launch, and that's about all I would say.
Thank you.
MR. CARVIN-Okay. Anyone else wishing to be heard in opposition?
Any letters?
MR. THOMAS-No, no letters.
MR. CARVIN-All right. Any other public comment?
MR. NOLIN
MR. NOLIN-Yes, I'd like to say someihing. My name's Mr. Nolin,
and I own the property north of where Mr. ,Morrison would like to
put this ball park, and I think he is really going out on a limb
to do something for these kids, and I donated my property for the
parking, and there's also plenty of rigþt-of-way, for the
emergency vehicles to pass through there at any time, ~nd I think
it's unfair if you turn this man down for this. There's no place
else for these kids to go.
MR. CARVIN-Okay. How far, is this for a proposed park? How far
is it from this particular site, do you know, right off hand,
wh~re this new park is going in?
MR. MARTIN-Right down at the very end of Big Bopm Ro~d. It's on
the shores of the Hudson River. It's that area that you :can see
from the Northway as you're heading in the north b04n~ lane. I
don't know if you've been around here long enough to. 'remember the
mud racing that used to go on in that area.
MR. CARVIN-I think I was part of it the other day, if you really
want to know the truth.
~R. FORD-Jim, when is it expected that that'll ~o in?
MR. MARTIN-It's really up in the air at this point. The
Recreation Commission's taking it up. They're looking at the
budget of it now, and the detailed configuration of it, whether
or not a ball field is in or out, whether it's repl~c~d by a
tennis court. Those are the types of things they're looking at
now. As a matter of fact, there's a public informatiç)f\~limeeting
scheduled for April 12th at 7 o'clock. I think it's in this
room, and that's the next thing I know that's coming with it. So
I really can't answer you. I know, I think the most ~~iid thing
is going to have to be the boat launch. If yOU were to take out
the boat launch, you would clearly lose the State grant. So I
think that's, and that may, and what configuration that takes, in
terms of limited horse power, potentially, limited boat sizes, no
motors. I don't know.
MR. CARVIN-Okay. I have a couple of questions of Mr. Nol~n. I
think some of the major concerns that ¡,know 1. have deal with,
obviously, the parking and the access for emergency vehicles,
and, certainly, if this was granted, I would only hope that your
League would be successful and that you'd probably have ten or
twelve teams. At what point would you be uncomfortable having 25
or 35 or 40 cars parked on your property?
- 67 -
--
MR. NOLIN-I wouldn't be.
wouldn't bother me at all.
I have almost two acres, and it
MR. CARVIN-Okay, and then my subsidiary question, I guess, would
be, would you be willing to grant right-of-ways or deed variances
in your deed to allow that to happen, should you decide to sell
the property at some point in the future, because what l have is
that you may be very willing to support his endeavor, but your
situation may change, and all of a sudden, we now have a use here
and no parking or emergency facilities. So I guess, YOU know,
I'm asking, how far are you willing?
MR. NOLIN-I'd be willing to deed right-of-way for emergency
vehicles, yes.
MR. CARVIN-Okay. Well, how about the parking? 1 mean, it's easy
to support the issue, but it's tougher, sometimes, to write the
check, and this is what I'm driving at, and I honor your intent
here, but me sitting here looking at this, I mean, I could only
go by the property, in other words, and if I was to move, I would
need a lot more information on this, as far as the parking,
confine it tight to this, because this is the only thing that he,
technically, has. I mean, your well intentions are very
admirable.
MR. NOLIN-I have no intentions of selling the property, but, I
mean, you know, if I was to do somethi ng (lost WOYd). '
MR. CARVIN-Nobody ever does, but we had an applicant here who
owned a property for eight and a half years, and he kind of
sublet some to a bank, and never was going to sell it, but guess
what happened, and boy what a mess that was. So I realize where
you're coming from, but I live in the real world, and I know
things will change, and unfortunately, when we grant a use
variance on something like this, it goes with the land. as has
been aptly pointed out. So, I mean, you know, our situations may
change, but that use stays there, and I want to make sure that if
we put a use in there, that we don't have these problems crop up
in the future.
MR. NOLIN-Well, (lost word) I'm willing to do my part while I'm
there. I'll put that on paper.
MR. CARVIN-Okay. I appreciate it. That answers my question.
MR. FORD-Mr. Nolin, I have a question. Could you address the
issue of being so close, about the noise?
MR. NOLIN-The noise would not bother me. How
going to get from a ball park with 10 kids?
street with (lost word) vehicles make more
else. l probably make more noise than they
noise is any issue at all.
much noise are yoU
People go down the
noise than anything
did. I don't think
MR. CARVIN-Well, I don't know the noise, but the traffic.
MR. FORD-Yes. What about the, yoU don't think an increase in
traffic is going to be an issue?
MR. NOLIN-No. When they have parties down at the end of the
road, down there, that involves more traffic than anything else
does.
MR. KARPELES-How about insurance? How about if one of those cars
that's parked on your lot gets a baseball through the window or
something and they SUè you?
MR. MORRISON-That's covered by Sabe Ruth.
MRè. MORRISON-That's covered by Babe Ruth Insurance.
- 68 -
---
----
MR. NOLIN-Everybody that owns an automobile has insurance.
MR. CARVIN-Okay, but suppose somebody's coming out o.f,:the ,parking
lot and runs over a child on your pro~erty? I mean, will your
homeowner's cover that? You see, that·s a fine line. I'm just
saying, you know, somebody has a fender bender there, and you
could be held negligent.
MR. NOLIN-This is true, but I mean, if we stop doing 4hings
because we're afraid to do it, nothing will ever get done.
,MR. ÇARVIN~Well, there's a
everythirig, and that's what
is the proper time and the
other questions, Gentlemen?
proper t~me and a proPer place for
we've got to determine, whether this
proper place for this. Okay. Any
MR. MENTER-Yes, a quick question. What's the. access from your
property? It ~ppeared to me as though that fence, the fence went
all the way down.
MR. NOLIN-There's a 12 foot section of fence that's on a hinge
that does open, right behind that garage.
MR. MENTER-That's toward the front of the property?
MR. NOLIN-Toward the rea)" of the property .
MR. MENTER-The big building in back, that garage..
MR. CARVIN-I guess there's a d60r gate here some place.
MR. MENTER-Okay, and that would be the access
this side?
"
from parking on
MR. NOLIN-You could open that gate and you could easily get a
fire truck through there.
MR. MENTER-That's on the other side o~ your?
MR. ,NOLIN-That's on the back side of the garage.
MR. MENTER-Okay.
MR. NOLIN-Between my garage and the fence (lost word).
MR. MENTER-Because that garage, boy, th.at thing,? that's just a
few feet from the fence, right? That garage is just a few feet
from the fence?,
MR. NOLIN~It's probably eight'foot from the fence.
MR. MENTER-All I could think of is, boy, that sucker's going to
get pummeled with baseballs.
MR. NOLIN-Solid wood, can't hurt it.
in it.
It hasn't got any windows
,,'
,
MR. CARVIN-Okay. Any ,other questions of Mr. Nolin? Again, thank
you. Anyone else from the Public wishing to þe heard?
MR. DEMARS-I Just want to go on record, I'm not opposing what
Jeffry's trying to do, as a good, it's good intentions behind
what he's trying to do;. I just feel that. for that ,location. for
him to try., to do that, ,,~ith the hopes. that it would be
successful. Maybe he would draw four teams there, so I'm looking
at 48 kids, I just feel that there's going to be an open door for
a lot of problems, and, I thi nk he, will run up against a no
recourse type of action. I mean, there's going to be problems
there, and there's just no way we can get away from them. I feel
that the cars are'actuaily going to park on the road, and the
- 69 -
'--
boys will walk in. I feel for that, and you can see how narrow
that road is, and it's surprising. It comes up over knolls and
stuff like that. It's hilly, but I just want to gO on record.
I'm not opposed to his thinking, for what he's doing. I'm just
opposed to the location, to the area. I think if the Town of
Queensbury, and he could get together with Mr. Hansen and work
something out to where he could get a locale, other than that
particular lot, I think it would be for the betterment of
everyone, and I c~mmend him for ~hat he's trying to do. I don't
want to go on record a$ being opposed to Mr. Nolin. Mr. Nolin's
bèen my neighbor for years, and Mrs. Dutra has been even longer
than Mr. Nölin. I just want to go on record as being oPþosed to
the project, in general, not being opposed to Mr. Morrison, and I
told him that when he came to my house, asking my opinion about
it,' and I immediately said, I would oppose it, because I know the
problems only through our problem that we had with our daughter
there, that there is a traffic problem. Nobody will want to
admit it. There is a traffic problem. Thank you.
MR. CARVIN-Again, thank you.' Okay. Anyone else?
MRS. MORRISON-The reason we got into this was to have a place for
kids to go and play baseball. There is nothing available in the
Town of Queensbury. We've exhausted every option. Every field
available is used. This is a very small League. Hopefully it
will become successful and down the road, maybe the Town of
Queensbury will get together and build a field somewhere else.
Whether this is approved or not as a public use, we will play
baseball in the field, even privately. This is our field of
dreams. The traffic, you're not going to have more than ten,
twelve cars at a time down there. You're only having ~wo teams
at a time on the field. I don't feel that's an issue. The
parking, there's not that many cars. If it's a real issue, we'll
have them park some place else, car pool down the road. It can
all be worked out. Any problems can be worked out, if you want
to do it. We want to build this. We want to have it for the
kids, to be there. All I'm saying is that, we can, there are
oþtions. We can work this out. So we can have the field.
That's all I've got to say.
MR. CARVIN-Okay. Seeing no other indications from the public, I
will close the public hearing.
PUBLIC HEARING CLOSED
MR. CARVIN-I will open it up for any questions from the Board, or
comments.
MR. MENTER-I have a comment. I know Jeff, somewhat. My son has
played some baseball with him, and I was at a clinic with him a
few weeks ago, actually, a coaching clinic. He was giving it. I
was receiving it, and I was pretty excited when he told me about
the thing. I thought it was just a super idea, and, in fact, I'm
sure that my son would get as much use out of it as any kid, but
when I went over and saw Jeff, I immediately had some real
concerns, and I understand what you're saying, that struck me,
saying that we can work it 04t, but, from our standpoint as a
Board, you have to realize that there's only so many things we
can do. I mean, we have pretty strict parameters within which we
have to work, and OUY feelings are one thing, and our decisions
are another thing. As far as the use variance goes, the very
first thing ihat we need to consider is whether or not there's
reasonable return possible on that piece of property without
granting the variance.
MRS. MORRISON-What do you mean by, reasonable return?
MR. MENTER-Financial return, that you're going to suffer a
financial loss because of the Zoning Ordinance on that piece of
property, okay. If you can't show that then ~ understanding of
- 70 -
'-
---I
the Ordinance is that we can't consider giving you a variance. I
don't know if that's everybody else's exact interpretation, but
it certai nly is mi ne. If that is shown, then we consider whether
it affects th~ safety, health and welfare of the commun1ty, ~nd,
from my standpoint~ to that point, I think it would. I think
I < ',' .. ' '.' I "
there are safety issues that would need to be, you ,know, would
, .. '.' ',.... , .' ._._/ .;. " I".,
need to be in-depth discussed. Parking, I think, i., an ' ~ssue
that needs to be developed more, in order to get an approval on
this, and hear what the oth~r Board members have to say, and it
kills me, but it, just doesn't fit in my unqerstandil")g o,f what, of
how much we can work with it. That's where 1 am on it"
MR. MARESCO-I'll go next. I think it's a great idea, and I
admi re what both of you are tryi ng to do here. ,Li ~e Dave was
saying, we do have a certai~~riteria th~t has to be met~ and
unfortunately, you haven't really met any of that crite~i~, and I
think some of the issues are very important. I think noise, I
think there will be a lot of noise, when you have two teams and
parents and everybody else screaming and )(elling. ,Parking'~ a
problem. Traffic's a major problem. ~ost of all, the issue 1
wou~d be concerned about would be the, safety aspecto! it. I
think there's a real bi9 safety issue here.
MRS.,MORRISON-As in what, safety of what?
MR. MARESCO-As in safety of gettinge,mer.gency vehicle~, in ,there,
if you have to get an ambulance in there, get a fire truck in
t/:'1ere, the safety issue of who's goi ng to be responsible if, -God
forbid there's, like Fred was saying. Supposing he's on a
gentleman's property, and some other kids happen to get hit QY a
car there? The traffic that this is going to generate, there's
gping to be a lot of traffic.
I ;:;
MRS. MORRISON-It's not going to generate that much traffic.
MR. MARESCO-Sure it will.
to thirty extra cars there.
You're going to have at leas{twenty
I've been to little league fi,lds.
MRS. MORRISON-Yes, with more than one field, and more than one
game, going on at a time. You're right. We're goin~ to have one
game at a tIme, two teams.
MR. MARESCO-Right. So that's, you 're gO'~J1,g 'tj-o haw~. '''t0I~::tl~.1.qren
there.
MRS. MORRISON-Right.
MR. MARESCO-The children have to get there somehow.
, ,
MRS. ~ORRISON-And they always car pool. ,
MR. ,MARESCO-Right. You're goi ng to have grandparents. ,
going to have other spectators going there, watching. I
think it's a great idea, but, unfortunately, personally,
it's'great, but unfortunately we do have to,loo~ ai other
You're
mea n, I
I think
issues.
MR. CARVIN-Tom~ comments, thoughts?
MR. FORD-I'm SUppo}'tive of the effort being made on behalf of the
youth of our community'. I, share the aforementioned concerns
relative to safety and noise in the neighborhood and the
potential for working with the Recreation Direct6r for the
development of an appropriate facility at the end of the road,.
MS. CIPPERLY-Or somewhere else in Town.
MR. FORD-I also have one other question, relative to your
comment, you will play baseball on that field ,reg,ardless of what
our action is.' . .
- 71 -
--
MRS. MORRISON-We won't have a league. We'll just have kids out
there playing baseball. There won't be a league. There won't be
any games, but we'll have kids up there practicing, playing on
the field. I mean, that's what they're for. We want to have a
league. We want to have an organization. We want to have
something so a lot of kids can be able to come and play ball. If
it's denied, then we'll have (lost word) will have kids coming to
play ball.
MR. MORRISON-If seven or eight kids show up there and want to
play baseball, they're going to be able to play baseball there.
MRS. MORRISON-It won't be a league, but there'll be baseball on
the field, and I guess our dream (lost word) organized to have
the insurance, to have a league, to have the regulations, to be
able to teach the kids the right way, and we don't have any other
place to go.
MR. MORRISON-This wasn't something that was done,
every opportunity there was. Jim and I spent over
fifteen minutes one day in his office, and I said,
back unless I have no other options. Well, about six
I came back. I've got no other options.
I exhausted
an hour and
I won't be
weeks later
MRS. MORRISON-We'll have no other place to do it.
MR. MARESCO-Queensbury's not willing to work with you? You've
explored that?
MR. MORRISON-I sat there and I talked with Mr. Modd for almost an
hour, and he told me that they would not let us, use the field.
Basically, it (lost word) two games on a Saturday.
MR. MARESCO-Is there an insurance reason why they won't let you?
MR. MORRISON-No. We've got our insurance. We've got the best
insurance of any youth organization in the world. Babe Ruth
Baseball's a primary insurance carrier. They're not a secondary
insutance carrier like Little League. So the kid gets hurt, Babe
Ruth's the one that foots the bill, not the parents' insurance,
Babe Ruth Baseball, and that insurance covers that kid from the
minute he leaves his house, through the game, from the minute he
leaves the game, back to his house, be it a game or practice. It
not only covers the kids, it covers the parents. It covers the
spectators. It cover~ the umpir~s. It covers all the coaches.
Insurance wasn't the issue. The issue was that they had a
working agreemertt with the Glens Falls Colonials, and they didn't
want to tie up the other field. The varsity field was totally
out of the question. There was no way anybody, was going to get
on that field at all. No one, and I even askéd to use the old
varsity basebàll field, which is as ha1-d as a rock. The proposal
I wrote up, we were going to come up and do all the grounds work.
We wére going to provide all the bases. I even offered to mow
it, and, you know, he said insurance wasn't the problem. He told
me the problem would be within the maintenance part itself.
MR. MENTER-How about the field up by us, up at Lake George?
MRS. MORRISON~They have softball.
MR. MENTER-No, no, no. The new field.
MR. MORRISON-That's used for the TriCounty Middle League, isn't
it?
MR. MENTER-I don't think so.
MR. MARTIN-They also have one at the grade school.
two.
They have
- 72 -
---
MR. MENTER-Yes. The new one out by the grad~school, out b~ck.
Do you know the one I mean~ Jim, UP behind the elementary school?
MRS. MORRISON-In Lake George?
MR. MENTER-Yes.
MR. MARTIN-There's two of them back there. I don't know. One
may not be big enough.
I ,
MR. MENTER-One's a 90 foot field. The high school uses it. It's
a 90 foot field, just two years ago they built"they put it in.
MR. MORRISON-The only field I thought was up there was the, one,
the (lost word) complex itself.
MR. MENTER-You know Beth?
MR. MORRISON-Yes.
MR. MENTER-I was talking to Beth abbut it the other day.
MR. CARVIN-Is there any zones for an approval for baseball
fields, or is it just athletic, recreation?
MR. MARTIN-We have recreation commercial zones,
limited, really, to the West Mountain area and ~he
and then we have, obviously, the municipal parks.
the extent of it.
but they're
Great Escape,
That;s really
MR. CARVIN-Okay.
MR. MARTIN-I mean, thi.s is a conti nui ng problE;!m. I mean t ,I would
like to, some day, look at the idea of actually purchasing some
property in th~ States Avenues over there, where the central
population is for W~st Glens Falls, and put a facility in there,
~ith a playground and a ball fiE;!ld,that's within walking distance
to the center of the population th~r~. I think that would be
well received.
MR. CARVIN-Okay. All righty. Anyone else? Chris?,
MR. THOMAS-I'd Just like to say that the Morrison's have a real
good idea, and heaven knows that an~body in the age group
thirteen and on up needs something to do.' You can seE! ,it in the
news every day. They're always in some ,kind 'of trouble, but,
here again, there's just too many proþlems with the traffic, the
noise, parking and the safety issue, the traffiç with 1;he new
park going at the end of the road dow~ there is going to generate
more traffic, and with this there's, goJng to be traffic. The
npise, when you get 20, kids together, they're always screami ng.
There's no way to stop it, and you can't keep them quiet~ The
parents are the same way. When my son played, I scream~Ø just as
loud, if not louder than them. .,
MRS. MORRISON-Usually the parents are the loudest.
MR. THOMAS-Yes, and some of us get kicked out, too.. Saf,ety,
there again, everybody's mentioned the fire apparatus. I don't
see where fire apparatus would be ¡needed, but I co¥~d see an
ambulance in there. Parking, that's another big thing, right
along the road, and that's a very narrow road9 and also~there's a
nice rise right to the south of that field there, because when I
was pulling out of that Proux Road there today, I had to look
twice, because I wasn't sure what I was seeing, and, like I said,
this is a great idea, but it's the wrong place for such a great
idea.
MR. CARVIN-Yes. I just have a question. How close to the
Northway is that back? In other words, when I was out the1-e, I
- 73 -
'-~
,~'
didn't dare drive out all the way, but it looks.
MR. MORRISON-Good thing you didn't, you would have gotten stuck.
MR. CARVIN-Yes, well, that's why I didn't, but
trucks and traffic on the northbound side there.
feet?
I could see the
Is it about 50
MR. MORRISON-150 feet.
MR. CARVIN-From the back of the property line?
MR. MORRISON-Äbout 100 at least.
MR. THOMAS-There's a row of trees in there. You can't see the
Northway.
MR. CARVIN-Yes, I know, well, no. You can see it.
MR. MORRISON-There's a big gap between the Northway.
MR. CARVIN-You can see the traffic, and I was sitting up in here
some place.
MR. THOMAS-Yes.
MR. CARVIN-And I could see traffic going by up here.
MR. THOMAS-There's a row of trees back in there.
MR. CARVIN~Yes, but I still could see traffic on the Northway.
Absolutely, and that's why I thought it was closer. I was
tempted to drive out there, but I looked at the mud situation,
and I don't have a four wheel, and I didn't want to put the
emergency equipment to the test there~ So, I thought discretion
is the better part of valor. Okay. Bob, any comments?
MR. KARPELES-No. I agree with everything that's been said. I
have nothing new to add.
MR. CARVIN-Yes. I have not a whole lot to add. I think that,
you know, I applaud your efforts, but the plan a. presented, I
think, has some major flaws, and I really would not be
comfortable granting a use variance. As has beén stated before,
a use variance goes with the land, and even though the neighbors
may not have the, Mr. Nolin may not have a problem, I would
really want all of those loose ends tied up before I could even
consider granting a variance here. I'mean, I would want to know,
the trouble is, if you've got four téams, that that's really not
a big eDough league to make it worthwhile to change a zoning out
there, or to grant a variance, and on ,the other hand, if you have
twenty or twentY7five teams, then you have a whole lot more of
the traffic and safety issues that we've broU!i;lhtup,'and I just
have a hard time with it as it is presented. So I would ask for
a motion, if there's no other comments or questions. Does
anybody want to make it?
MOTION TO DENY USE VARIANCE NO. 11-1995 JEFFRY D. MORRISON,
Introduced by Fred Carvin who moved for its adoption, seconded by
Chris Thomas:
The applicant is proposing to construct a Babe Ruth Baseball Park
in a single residence one acre lot, which is not an approved use
as outlined under Section 179-19D. The applicant has not
provided or proved.
MR. MORRISON-Could I table this for 60 days, if I can work
something out.:i~r far as'parkins and"'stuf'f goes dòwn thèr~?:
MR. CARVIN-I'll leave it to the Board.
- 74 -
'-
-";..,.!
MR. MARESCO-I don't think parking is the major, it's the safety
factor.
MR. KARPELES-I think there are just too many factors.
MR. MARESCO-It's too much.
MR. THOMAS-Give him the benefit of the doubt. Let him go for the
60 days, I would say. That's!J!.:i.. opinion. If they want to table
for 60 days, if they can find something else to do, give them the
chance to do it. They've got a great idea here, but very limited
resources to do it, and if they can come up with something else,
I say give them the chance.
MR. FORD-They may even be able to come up with this alternate
site, the Lake George one, or another one.
MR. THOMAS-With the
Recreation Committee,
There's a good chance
your two cents in.
meeting on April 12th with the Town
is that what it was?,.Something like that.
r~ght there to jump right in there, put
MR. CARVIN-All right.
Table it until the April meeting?
MR. MORRISON-Yes.
MR. THOMAS-And there's also, like Dave said, the Lake George,
those parks up there, right off 9L, just beyond the, railroad
overpass. You know where the bike path crosses? Just beyond
that. Right there. There's those new fields in there. You can
e'xplore that.
MR. CARVIN-And I would also maybe stress getting a hold of Mr.
Hansen to see if you can, maybe you can co-dev,elop this with him.
MR. MORRISON-I've already talked to him about that.
MR. CARVIN-Yes, but go back to him.
change all the time.
Maybe, ,you know, things
MR. THOMAS~Try a different avenue. Try gping throu~h the Town
CQuncilman, whoever's the councilman out in that area. Carol
Pulver, I think, is the.
MR. CARVIN-Because realistically, if the Town can develop that
down there for you and work in conjunction with you, I mean, you
get your cake and eat it too. I mean, because, you know, we're
not critical of what you're trying to do. I'm just critiçal that
it's not really a good ¡dea. There's an awfuJ lot of problems
with that particular site, but I guess, i don't know, "does
anybody else have a problem tabling it, and see if he can work
out [ê$¡: more amen&ble solution? Remember, after 60 days. if we
don'~ hear anything back, it is automatically canceled.
MR. MORRISON-Okay.
,MR~~~,¡;:.oRD1So·we ~ re looki ng ?t Mr?1Y ': íeiaf ~X' rather, tha;f¡ Apr,i 1.
MR. CARVIN-Well, 60 days is our normal time frame.
MR. FORD-Yes, but someone had mentioned the April meeting.
MR., CARVIN-Okay. Yes, we could actually go out until May. Yes.
I think if you want to make the April meeting, it has to be filed
within the next week or ten days.
MOTION TO TABLE US~ VAR¡ANC~ NO. 11-1995 ,JEFFRY D. ~ORRISON,
Introduced by Fred Carvin who moved for its adoption, seconded by
Chris Thomas:
- 75 -
'-
To allow the applicant an opportunity to explore other
alternatives or to provide this Board with a more concise and
comprehensive plan addressing traffic, safety, access and all the
related issues that have been brought up tonight.
Duly adopted this 22nd day of March, 1995, by the following vote:
AYES: Mr. Maresco, Mr. Menter, Mr. Karpeles, Mr. Thomas,
Mr. Ford, Mr. Carvin
NOES: NONE
MR. CARVIN-Okay. It's tabled for a maximum of 60 days.
MR. MORRISON-Okay. Thank you.
USE VARIANCE NO~ 9-1995 ROBERT E. ORBAN, JR. CONT'D
DR. ORBAN-I just made an official letter, signed and dated by
myself, essentially, requesting for you to make the same thing,
couched in the same terms. So review it and do as you like. I
also have a list of what the offers to buy the building in the
last two to three years have been, so that you can really take a
look and compare the list of the kind of concerns that would like
to buy the building, compared to the list that I've drawn up.
That'll be self-explanatory. I have one comment if 1 may.
MR. CARVIN-I'm not going to entertain any comments, other than a
motion, to be very honest with you. We're at a motion stage. So
I will entertain a motion, and that's all. We hav~ heard all the
dialogue that I think we have at this point. So, pending the
arrival of Sue, somebody can make a motion, or you can start to
contemplate a motion here, unless som~body has a motion already
written.
MR. KARPELES-I want to take a look at what he's got.
MR. MARESCO-Yes.
Lets see what ~ got.
DR. ORBAN-I have
mentioned shortly
billing service,
added bookkeeper,
stricken from my original list the items that I
before we broke. I have stricken adjustor,
foundation office, and notary public. I have
in an effort to compromise.
MR. KARPELES-What did you have in mind for a business consulting?
DR. ORBAN-Once again, if somebody is hoping to éstablish a
business or set up a business, and he's looking through the costs
of doing it, financing it, what needs to be done~ how much it
costs to set up the equipment for it, a bu~iness consultant, and
while that may be somewhat open ended, it would seem to me that
there would be rec6urse for the community, that tf there was
something in there ~håt they felt was not appropriate, they could
come back and say, look, this guy says, you know, here's his
list. We don't think this falls under anything on this list.
MR. CARVIN-Okay. I'm not going to entertain that. I think the
Board is aware of that particular land mine, and I am going to
disagree with that comment, and that's why I don't want to have
any other, I don't think the public does have that input, and
that's a comment that I'm making.
DR. ORBAN-The lists on these two different sheets
identical. The one with my signature is the request.
one was just what I thought would be the closèst to
would want to see.
should be
The othe,"
what you
MR. CARVIN-Okay. I'm going to make a motion.
MOTION TO APPROVE USE YARIANÇE NO. 9-1995 ROBERT E. ORBAN. JR.,
- 76 -
~
-....r
Introduced by Fred Carvin who moved for its adoption, seconded by
DavidMente)~ :'
The applicant is seeking to utilize an existing structure for a
denta! office, and is seeking relief from Section 179-20, which
refers to a single family residential zone. A dental office is
not an approved use in that zone~ under the current Ordinance.
However, the applicant has demonstrated that a reasonable return
cannot be expected and has demonstrated by competent financial
evidence that by allowing a dentist's office in this s,ite, that a
reasonable return could be expected. By allowing Dr. Orban to
establish his dental practice at this location, we will not have
a material affect on the essential character of the neighborhood.
The alleged hardship relating to this property is unique due to
the character of the structure and the fact that it was used as a
commercia.l st,r4ctU'f\e b~;f,'or.,e zonin~_ .was .J.,nfõtj.tut,.~d, ~fn~thatr,,!this
would be the minimum variance necessary to address thlS hardship
as proven by the applicant and at the same :1::ime protect. the
charact~r of the neighborhood and the health, safety ~nd welfare
of trlecomr;nunity '~ Dr. Orban has also indicated that he is
agreeable to make all efforts to have minimum sign.age and has
d~veloped adequ~te plans addresslngaccess and egre~s, parking
and landscaping, and has agreed, and it should be noted that this
particular variance will be submitted to the Planning Board for
site p¡an review. I feel that Dr. Orban has competently proven
his right, and I emphasize his right, to be granted this Use
Va}"iance, and <?gain, I .would like to emphasize, that by granting
this variance to Dr. Orban, that this is the minimum variance
,necessary and, ad~quate to add'"ess the ha}"dship that has been
proven by the applicant.
Duly a~opted this 22nd day of March, 1995, by the followjng vote:
MR. THOMAS-So you're not going to include anything on this list
in your motion, or any other statement?
MR. CARVIN-No. I feel .that that's maximum relief.
MR. THOMAS-Okay
AYES: Mr. Maresco, Mr. Menter, Mr. Carvin
NOES: Mr. Ford, Mr. Karpeles, Mr. Thomas
MR. CARVIN-It's three to three.
therefore, it's, denied.
It's a no action.
So,
MRS. CIPPERLY-Your motion is denied.
MR. CARVIN-The applicatJon is denied. So I will entertain a
denial, bl:.lt I thi ok that' this is what Paul was referr i ng 'to, is
that it's a no açtion~~d, therefore, it,is denied, because it's
not approved. s6~ therefore, it's denied, but í would request
that we continue our efforts until we reach some kind of
consensus. 'Either we can have a discussion on my motion, or I
will entertain a new motion, addressing the issues. So which
would you prefer?
I .¡:,
MR. THOMAS-I would li~e to talk about your motion, as is, and add
the condition to the list that Dr. Orban provided us.
MR. CARVIN-Okay. I do not find, as the maker of that motion,the
amendment to be acceptable, because of the obvious and stated
reasons as, I have said before, and I think my ~otion cove~s my
feeling, as best as I can determine, ihat I have no hard problem
granting Dr. Orban the variance. I think that we have to be
guided by our guideline;:;, and I think that he has proven that,
beyond a shadow of a'doubt, that financial return cannot be
:1~0o/'lfLC;)fí~¡8bl'>5 r,e.tµ{ned,ornd al1;!ì049Þ ., ,¡ t..h~nk h,~ ',s''prqyiiq~i~¡:for
the owner and not necessarily himself, because he is not the
- 77 -
,-
owner, but I think that, by surrogate, he is proving the point
that that property, he does have a right and will do a good job
in there, that it is a unique situation, because it was a, at one
time in history, it has been more a commercial or business
venture. By allowing him to go in with the site plan review,
he's addressed all the issues that we have brought up, in a very
satisfactory manner. So I do not feel that he will alter or have
an essential, you know, change the essential character of the
neighborhood, which is one of our criteria. The alleged hardship
is not self created. I think by granting ~ the variance,
that's not a self created situation. He's dealing with an
existing situation that he did not create. However, by adding
some of these things, I think that his desire to have the say as
to, or the decision making capabilities of determining who else
joins him in that site is a self created situation, and again, I
emphasize that that is not a criteria for granting a variance,
because he needs somebody else to help support or defray the
expenses.
DR. ORBAN-That's not true. That is not a factual statement.
MR. CARVIN-I'm granting you the variance, but the fact that he
wants some latitude above and beyond, for the future, is a self
created situation. It may not be a problem of a variance in five
years, if he has to sell the property as it is currently zoned,
and I think the biggest issue is that by putting these addendum
on, that we would be granting a maximum relief, and not the
minimum relief, which is what we are obligated to do, and that
has been my position right from the get go, and that's the way I
have structured my motion, and that's the way I feel.
MR. KARPELES-Well, yes, the rest of us have opinions, too.
MR. CARVIN-Well, we're deadlocked.
MR. KARPELES-Maybe we çªn resolve it. l would go along with this
list that he's got here, and I'd go along with what ~ have.
MR. MENTER-Someone has to propose a new motion.
MR. MARTIN-I will say, as a matter of order, if you do not amend
that existing motion, then you should make a motion to rescind
that, because right now, technically, we have a denied
application. I think YOU need to rescind the denial, and then
entertain a different motion.
MR. CARVIN-Well, I'm not quite sure how we get untangled from the
rescind, because I think we would need a unanimous vote in that,
to rescind.
MR. MENTER-I'm not sure about that, Jim.
MR. THOMAS-I think, if you withdraw your motion.
MR. MARTIN-It has to be voted on.
MR. THOMAS-Well, can't someone else amend his motion?
MR. MARTIN-Yes. It can be amended.
MR. FORD-So that we can hopefully get to another motion that
might pass, I would move that we rescind the previous denial.
MOTION TO RESCIND THE PREVIOUS DEN¡AL, Introduced by Thomas Ford
who moved for its adoption, seconded by Robert Karpeles:
Duly adopted this 22nd day of March, 1995, by the following vote:
MR. CARVIN-I think we ought to get clarification whether we need
a unanimous vote to rescind.
- 78 -
.--'
-.¡
MR. THOMAS-Try it and see if we do.
MR. CARVIN-Okay.
AYES: Mr. Maresco, Mr. Menter. Mr. Karpeles, Mr. Thomas,
Mr. Ford, Mr. Carvin
NOES: NONE
MR. CARVIN-We'll rescind the motion.
MR. KARPELES-Are you going to make a motion?
MR. THOMAS-I 'would use Mr. Carvin's words, and with the following
condition. that professional occupations in the building be
defined by thee following list: Accountant, Actuary, Answering
Service, Architect, Landscape Archit~ct, Attorney, Lawyer,
Audiologist, Bookkeeper, Business Consultant, Counselor
Marriage, Family, Child, Individual. Chiropractor, Computer
Assistant, Designer/Consultant, Dentist, De~tal Hygienist/Dental
Technician, Dietitian. Draftsman, Engineer. Financial Planner,
Graphics Designer, Hypnoiherapist, literary agent, marketing
consultant~ occupational therapists, physical therapists,
physician M.D., D.O., Patent Agent, podiatrist, chiropodist,
psychologist, public ,"elations counselor, resume service, speech
pathologist, transcription service, translator/interpreter,
tutor.
MR. ~ARVIN-All right. Before there's a second" I ~ant you to be
very careful with this. because if Dr. Orban backs away from this
transaction, you are ~iving a variance to that owner over there
for all of these situations. Now I'm not saying that he is or
isn't, but I'm saying that YOU are granting a varianc~ to the
land.
MS. CIPPERLY-We need, also, you discussed putting a site plan
app,"oval in.
MR. MARTIN-I think that's still in there.
MR. THOMAS-Yes. I said use Fred's exact word~ and with the
following condition.
MR. KARPELES-Wouldn't you also like to restrict how many
principal businesses can be in that building?
MR. THOMAS-Do you think we need to?
MR. KARPELES-I do, yes, because you could have all these in
there.
MR. THOMAS-Well, you've got 1250 square feet left.
MR. CARVIN-This time.
MR. KARPELES-I think that you should say no mOTe. ~han, two
principal buildings.
MR. THOMAS-All right. We'll add'to the motion that there be no
more than two principal businesses in the building at anyone
time, 'as part, of th,e condi tion. Anythi ng else?','
MR. MENTER-Does that whole ffiQtion ,tie¡,toge,ther?
Ii', . - - ". .: '-, --,
i 1
, ,
. ¡J "f ~~
MR. CARVIN-I don't think so.
MR. MENTER-I don't, either.
MR. FORD-Could we hear the motion, before we ask for the second?
- 79 -
MR. MENTER-Fred was going on a totally different premise.
MR. THOMAS-No. All I did was add conditions to it. I used
Fred's motion for approval and just added conditions to it.
MR. CARVIN-But I'm just saying that my
that this is not, I mean, if you feel
relief.
motion still addresses
that this is minimum
MR. THOMAS-Well, read it back. There's a part out of there that
I'd want to maybe whack out. Strike out the part there that
refers to that this variance would only go to Dr. Orban.
MR. CARVIN-I'm just saying that you're granting a blanket
approval. I think you're trying to adapt ~ motion to your
motion, and it isn't coming out right.
MR. THOMAS-Yes. It isn't coming out right.
MR. CARVIN-It's not going to work. It's a bad motion. My motion
addresses these issues on the minimum variance, and you guys are
throwing it far afield.
MR. THOMAS-I'm going to withdraw my motion.
MR. KARPELES-I'll try it.
MOTION TO APPROVE USE VARIANCE NO. 9-1995 ROBERT E. ORBAN. JR.,
Introduced by Robert Karpeles who moved for its adoption,
seconded by Thomas Ford:
With the following restrictions: That no more than two principal
occupants at anyone time in the building, and that it be granted
for a professional occupation only, and professional occupation
is defined by the following list: Accountant, Actuary, Answering
Service, Architect/Landscape Architect, Attorney/Lawyer,
Audiologist, Bookkeeper, Business Consultant, Counselor
Marriage, Family Child, Individual, Chiropractor, Computer
Systems Designer/Consultant, Dentist, Dental Hygienist, Dental
Assistant, Dietitian, Draftsman, Engineer, Financial Planner,
Graphics Designer, Hypnotherapist; Literary Agent, Marketing
Consultant, Occupational Therapist, Physical Therapist,
Physician, M.D., D.O., Patent Agent, Podiatrist/Chiropodist,
Psychologist, Public Relations Counselor, Resume Service, Speech
Pathologist, Transcription Service, Translator/Interpreter,
Tutor. The issues of hardship, reasonable return, and
marketability as a residential property have been addressed and
resolved with appropriate documentation. The Board is of the
opinion that the character of the neighborhood is not adversely
affected, and will probably be improved. Circumstances are
unique because of the nature of the business. Any of these uses
will be subject to site plan review.
Duly adopted this 22nd day of March, 1995, by the following vote:
MR. FORD-Jim, does this 1-aise any red flags for you, any concerns
for you that you want to bring to our attention before we vote?
MR. MARTIN-Actually, this is a pretty detailed list. I mean,
this is a lot more detail than what we're used to in our use
schedules out of the zoning districts. I mean, I clearly now
know if a dance instructor comes in for an office in that
building, she's not going to be permitted, or he would not be
permitted. This is, it's not on the list.
MR. THOMAS-I don't think Dr. Orban would offer it to.
MR. MARTIN-I'm just saying, as an example of something that's not
on the list. It has to be on this list.
- 80 -
~,
(-
", ~
........
MR. CARVIN-I would like to caveat that this only applies if Dr.
Orban buys the property" because I don't just want to leave a
land mine out there, because remember, if we grant this, this is
to Di. Orban, and baied upon the premise thath~ buys the
property..,
MR. KARPELES-I don't see where there's any difference whether
it's Dr. Orban or anybody else that buys the property.
MR. CARVIN-Then lets, just for argument's sake, that"Dr. Orban
steps away, and now you've got a whole marketing situation.
MR. KARPELES-I can't think of anybody I'd rather market it to
than these people, these professions.
MR. FORD-I'm ready to vote.
MS. CIPPERLY-You really shouldn't base your variance on who the
applicant is, ~ince it goes with the property.
MR. CARVIN-It goes with the property, and that's my point
exactly.
MS. CIPPERLY-And I'm not saying that you are or you aren;t.
MR. MENTER-Perhaps we should vote.
"AYES";
, ;"J) ¡ . '-1~i ..':C'::
Mr. Karpeles, Mr. Thomas, Mr. Ford, Mr. Maresco
NOES: Mr. Menter, Mr. Carvin
MR. CARVIN-Approved, with conditions.
DR. ORBAN-I appreciate your deliberatíon.
MR. CARVIN-Any other business before the Spard?
~djourn, then.
I'd move to
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Fred Carvin, Chairman
- 81 -