2007-01-24
(Queensbury ZBA Meeting 01/24/07)
QUEENSBURY ZONING BOARD OF APPEALS
SECOND REGULAR MEETING
JANUARY 24, 2007
INDEX
DISCUSSION Records Management – ZBA Applications 1.
Area Variance No. 4-2007 Mark Pustolka 5.
Tax Map No. 307.00-1-11
Area Variance No. 5-2007 Rene & Nicole Stehle 10.
Tax Map No. 307.00-1-4
Area Variance No. 6-2007 Adirondack Cardiology Associates/ 15.
Cardiac Realty LLC
Tax Map No. 296.16-1-16.4, 16.5, 16.16
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD
AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING
MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID
MINUTES.
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(Queensbury ZBA Meeting 01/24/07)
QUEENSBURY ZONING BOARD OF APPEALS
SECOND REGULAR MEETING
JANUARY 24, 2007
7:00 P.M.
MEMBERS PRESENT
CHARLES ABBATE, CHAIRMAN
JOYCE HUNT
CHARLES MC NULTY
ALLAN BRYANT
RICHARD GARRAND
JOAN JENKIN, ALTERNATE
BRIAN CLEMENTS, ALTERNATE
EXECUTIVE DIRECTOR-BLANCHE ALTER
LAND USE PLANNER-SUSAN BARDEN
STENOGRAPHER-MARIA GAGLIARDI
MR. ABBATE-Good evening, ladies and gentlemen and welcome to the Town of
Queensbury Zoning Board of Appeals hearing dated January 24, 2007. Prior to setting
this hearing in motion, I would like to acquaint you with information that will familiarize
you with the responsibilities of this Board, the mandated legal requirements we are
guided by, and the procedures for a hearing before this Board. The function of the
Zoning Board of Appeals is to listen to and consider all evidence that appears on the
record, and may bear upon the issue we are deciding. The Zoning Board of Appeals can
grant (or deny) two types of relief; interpretive and variance. In either case, this Board
will affirm, reverse or modify the enforcement officer’s decision. In doing so, this Board
will either permit or deny the requested relief. If the appeal is for an interpretation, this
Board’s decision will be based on the Town of Queensbury zoning regulations. If the
appeal is for a variance, this Board’s decision will be based on the standards of proof
contained in NYS Town Law 267-b. Additionally, the Zoning Board of Appeals may only
authorize the minimum variance necessary to relieve the applicant. We will invite public
comments on each appeal, however, in the interest of time please be crisp, organized
and limit your comments to only the facts and information given this evening. On
opening the public hearing the public will be allowed a maximum of 5 minutes to
comment on a specific appeal. The purpose of this time limitation is to provide each
member of the public an opportunity to be heard, and also to limit the length of the
hearing to a reasonable time frame.
PRESENTATION BY TOWN CLERK’S OFFICE:
RECORDS MANAGEMENT: ZONING BOARD OF APPEALS APPLICATIONS TO BE
AVAILABLE FOR VIEWING ON THE QUEENSBURY WEBSITE (PASSWORD
PROTECTED). CURRENTLY TOWN BOARD MEMBERS HAVE THIS OPTION
AVAILABLE FOR VIEWING THEIR AGENDA ITEMS.
MR. ABBATE-Now, ladies and gentlemen, first on the agenda this evening, before we
hear any cases, is an administrative presentation by the Town Clerk on her capabilities
to support the Zoning Board of Appeals. So, if you will be patient with us, I think you
might find her presentation interesting as well. Ms. Town Clerk.
DARLEEN DOUGHER
MS. DOUGHER-I’m Darleen Dougher. I believe most of you know me, and my Records
Clerk is Kim Rivers, my left hand, right hand and good friend. Tonight we would like to
give an opportunity for the Zoning Board of Appeals to see some of our new technology
that the Town is going to provide you if you would like it. You’re not going to hurt my
feelings if it’s something you don’t want, just say so. At the present time, the Town
Board has been very generous to the Town Clerk’s Office and as Records Management
Officer of the Town, they have given us some funding for a laser fiche program for the
municipality. Along with that, and thank God for Kim, she has done a Records
Management grant for us, and in that grant we have what we refer to as HAL. HAL is a
huge copy machine and printer for us. It’ll take all our maps and put them on computer.
So what we’re looking for, and our first agenda, when we first got HAL, was we put in
with our laser fiche, we put all our Town Board minutes on the website. So in other
words the Town, public and anybody, you included, can go on the website now and
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anytime as soon as the minutes are done they can automatically go search the minutes,
copy the minutes, whatever they want to do. They’re all the way back until the
handwritten ones. Laser fiche does not like handwritten notes, but from the typed ones
on, they’re all in there. We’ve also put the Zoning Board minutes on, the Planning Board
minutes, most of the Recreation. We’re about a year behind on that one, but we’re
working on it, and right up to date. So this is one aspect the Town wants the public to
see and have knowledge of. In the meantime, we’ve also found that the Town Board,
along with you, the Zoning Board and the Planning Board, have voluminous papers, let’s
face it. I can’t imagine what your homes must look like with the stacks of papers that you
must have. We came to the decision with the Town Board, and used them as our first
example, all their packets are in a certain section that is only accessible to Town Board
members. In other words, all their, as you have here with your copies of what you’re
going to have tonight, the Town Board also has this, and what we’ve done is we’ve put it
on, so they can go to their laptops, instead of carrying all this paperwork with them, and
they can see exactly what’s going to be on the agenda for that particular meeting. The
difference between your Board and the Town Board is after our Board meeting is over
with we take it off the site, which is only accessible to the Town Board, we take it off the
site because it’s automatically put into the minutes, and we have separate files in our
office for it. So it’s kind of voluminous to have triple. What I was planning to do with the
Zoning Board, however, is to make a site for you. You can go in it at any time, look at
what’s going to be on the agenda, look at each application, including every map, but we
will archive this for you. In other words, when you’re done you won’t have to keep all this
stuff piled up all over your house. If you have an application that came in let’s say in
December, you see it again the following January, you see it again three months later,
but there might be changes in the maps, or changes in the application. You will be able
to go to those sites, for each time you have a hearing, you’ll be able to pick it out, the
certain application, see what was first submitted to you, what was next submitted to you,
what was third submitted to you. So at home you’re not searching through three million
papers to find out what is the last thing that was given to you and how it compared to the
first time it was given to you. That will be archived so you will be able to get it. This will
be sensitive only to you. You will be able to go into the site and get particular items that
you want off the site. It’s very easily accessible. We will train you how to do it. It really
is simple, and what we see now on the site is our website. You would go into, instead of
Town Board, Planning Board, you would go down to your Zoning Board of Appeals, we
have put tonight’s agenda on so you can see what it looked like. Okay. It will bring up a
field such as this. You will go down to the Zoning Board. You will go down to tonight’s
meeting. Now you’ll be able to pick out your agenda for that night. You’ll be able to go
to each packet, everything that’s in the pile in front of us is on this site. So if we go to the
first one, it shows your Area Variance. You’ll be able to search these, also, so you won’t
have to take all night. There’s your agenda for the night, and it shows each section of
the, just like you have in front of you. Everything will be identical, because it’s taken off
your packets. You can go back and pick, I don’t care, Kim, pick any one. We’ll go to the
first one. You can go to the application. Go on to the application and it’ll show you page
after page of exactly what your application looks like. She’s just scrolling through the
pages, and again, this can go, you can skip pages. You can copy pages. If you happen
to not have it or something and you wanted to copy one page, you can do it, or you can
do the whole thing, it’s up to you, or just leave it there, just for easy viewing. If we go to
the maps, again for that particular application, all the maps will be there, and again in this
you can make it larger, smaller, you can go to little sections of it. I think for, especially for
you, it’s going to save you a lot of time. Naturally, you’re still going to have your packets.
That’s a no-brainer. You’re going to have to have them when you come here, but if
you’re at home or if you’re some place else and you want to access it, it’s going to
become available to you, and you don’t have to carry ten tons of paper with you. Does
anybody have any questions?
MR. ABBATE-Darleen, here’s my question. How do you input this information? As an
example, I just did a completion review for the appeals for February, and one of the
individuals requested a waiver of a survey. I wrote a letter to her saying, no, I denied it,
for valid reasons. I didn’t grant the waiver of the survey. Now, how would you go about
getting that piece of correspondence that I signed that went to the individual?
MS. DOUGHER-Anything that comes before this Board is naturally generated from your
Department downstairs, over in the other building. They give us their packets.
Everything that is in there is scanned into this. So as soon as we get that, it’s scanned
right in. So every meeting, well, this time your packet consisted of two meetings. We
just did one as an example. Everything that’s in there will show up, and it’s just scanned
in. Yes, it’s more work for my Department, by the way, but Kim’s really good at that
scanner, and as far as using, some time please stop over and see HAL, that’s our big
scanner, and it goes very quickly, and we haven’t found anything we haven’t been able
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to put in. Eventually we’ll be doing older maps, but right now, with your applications,
they’re crisp, clean maps. They’re not ripped or torn or anything. So they’re scanning
extremely well.
MR. ABBATE-Does this include also the surveys that are dated, stamped and signed,
will that be included on there as well?
MS. DOUGHER-Yes.
MR. ABBATE-Okay, and then Staff has the responsibility to ensure that you folks get
that, they scanned it in there?
MS. DOUGHER-As soon as they give us the packet. Everything that’s in that packet that
goes to you comes to us.
KIM RIVERS
MRS. RIVERS-The day when Sue or whoever downstairs decides that your packets are
ready for delivery, they would bring us up the same exact packet that’s ready for you to
pick up paper form, that same exact packet was brought up for us, we scanned it in and
just labeled it according to what one was which part of the agenda.
MR. ABBATE-So that’s already coordinated with Staff then?
MS. DOUGHER-Yes.
MR. ABBATE-Okay. That answers my question. I feel better about it now.
MS. DOUGHER-This was just, you know, we’re still experimenting with you, and there
are probably going to be errors along the way, but I know with the Town Board we’ve
found it very successful, so far. They have been very pleased with it. I mean, when we
have audit of bills, I mean, sometimes it’s that thick, and we just scan it right in and then
the Board members can, instead of going through it, they can go right through to their
computer and pull it right up.
MR. ABBATE-And then the information that you will provide to us is only accessible to
the members of the Zoning Board of Appeals?
MS. DOUGHER-That’s correct.
MR. ABBATE-Okay.
MS. DOUGHER-And then they’ll be archived for you guys to pick up any time you want
to. Because anything that is on here is accessible to the public. They’re going to have
to come here and look at it. This is for you guys to better understand it, and to quicker
get things, instead of hunting through voluminous papers, you’ll just be able to go to the
website and say, here it is. I want to look at such and such, bingo, here it is, and you
won’t have to be going through all these papers. It’s just quicker for you.
MR. ABBATE-I understand.
MR. BRYANT-Can you tell me what the file format is? If I want to cut and paste
something for a statement or something that I want to make, what is the file format of the
maps and the, is it PDF or is it TIF or what?
MS. DOUGHER-I believe it’s PDF, but that’s something that we’ll have to check with Bob
on, the IT Department.
MR. MC NULTY-The minutes, at least, have a PDF download button on them.
MS. DOUGHER-That’s right.
MR. MC NULTY-So whatever you’re looking at on the screen, when you want to
download it, you punch the PDF button and that’s what you get on your computer is the
PDF file.
MS. DOUGHER-Exactly, and it should operate the same way. I don’t think the maps are
going to be any different.
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MR. MC NULTY-And the search on the minutes is great. It goes fast.
MR. BRYANT-Let me ask a question about the search. Is it a global search? I know the
problem with the minutes right now, if you don’t know where that application was or what
date, you know, it’s almost impossible to find. Can you go on this site and do a global
search for Abbate and see all the places that Abbate came up?
MS. DOUGHER-Yes, that’s the same way with the Town Board minutes. You just put
one in, it’ll call up, a zillion times. If you happen to put Stec in, God help you, or any of
our Councilmen’s names. It’s going to be a million of them, but the closer you can get to
what your, well, in this case, what was our first one. If you put that name of that first
application in, it will call up everything that was ever done on that parcel.
MRS. RIVERS-We can do another orientation that’s specific for you guys, as far as
learning how to do searches, but on here, for customized search, you can pick any of
these different things. You can pick certain fields. Some things, as far as building
permits I’ve scanned in, some of them have individual fields where you can, say you
want to find out something on Aviation Road, you can type in that one field, that location,
it’ll pull up every building permit for that, but as far as for regular text searches, you
would just go to text and then you can, down here where it says, I haven’t actually used it
on the web. I’ve just used it in the office, and if you put in a word like.
MR. MC NULTY-I’ve used it on the minutes. I did what I usually do looking for what I’ve
said. I put in Nulty, and it gives you not only Zoning Board minutes, but it pulls up any
quote on that on Planning Board or anywhere else.
MS. DOUGHER-That’s correct.
MR. MC NULTY-So the only recommendation is you don’t search for Salvador, because
you’ll get everything.
MR. ABBATE-Darleen, I have proposed to Staff that we have a workshop in February to
include a couple of other things as well. Do you think you could include that and give us
like a little training program or something?
MS. DOUGHER-Well, I think Bob Keenan has already written up exactly what you guys
are going to need to do, and it’s like A, B, C, D, E, and if you’ve already done the Town
Board minutes, you’re not going to have any problem with it. I think what we’re going to
do is if you decide you want to have this done, then we will pass this out to you first,
because there’s key words to get into this system, and we want to set this up so only you
guys can get into it, and then if you have trouble, then really Bob Keenan is the one to
start with, and then Kim and I will help after that.
MR. ABBATE-Okay. Great.
MS. DOUGHER-But hopefully this will be something that’ll be, you can use, and be easy
to use, and I think it is, and I’m very pleased the Town Board has spent the money on the
program to begin with, under the laser, and then the grant money that we have. Also, I
forgot how far we’ve gone back in building permits.
MRS. RIVERS-Building permits I started in 1967, when the Building and Codes first
opened, and we’re up to 1989 right now, with copies of the actual building permit in
there, and the CO’s, but not the actual plans. That’s, the time that we were working on
that, we didn’t have HAL to help us, to scan in the maps, we just started indexing them
so that we could at least search and find the older ones that were not in our Govern
system that we use now, to search for old permits. The older ones weren’t searchable.
They had to know, by index card, what was what, and now at least we can type in either
the road name or the owner name at that specific time and be able to locate that building
permit now.
MS. DOUGHER-I think it’s been amazing that it’s just been about two years since Kim’s
been on that we’ve got the Planning Board, Zoning Board, all these minutes on, and
subdivisions are now in. We’ve got a good majority of the subdivisions in so you can call
up subdivision maps any time you needed them, which I think is going to be a great
asset, and the public can pull those up, too. It’s something that was needed, and as
paperwork, I don’t care what they say about computers, it causes more paper. There’s
just no doubt in my mind. The next grant we’re going for is for our old maps, and we’ve
got our fingers crossed. Kim just finished the grant, and we’re hoping for that one to
come through. We have our fingers crossed. We’re very lucky to get HAL, because
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there was a lot of competition at that time. There’s still a lot of competition out there, and
we hope to get all our old map, which are in deplorable condition, a map room, map
towers, and that’s our next goal to get that on, and they will eventually be scanned in. So
again, when you call up, Aviation Mall is a prime example. I mean, let’s face it, it started
a long time ago, and we just had a case where it was, material was FOIL’d , and it took
us a couple of weeks to get over there, to get them cleaned off, to get the copies for them
because they really needed them for a problem that they were having, and they’ve
increased so many times over the years that it was hard to track them, because let’s face
it, we didn’t have this before. It was all hand done, and now we’re starting to get in a little
bit more modern and we can go in and scan these in and help not only our Boards, but
the public to see what has gone on in the past compared to what is now. So if you have
any other questions. Otherwise, you’ve got my number.
MR. ABBATE-Okay. Well, I’m coming down tomorrow. We’ll talk. We’ll have a little
meeting afterwards with the Board members here, and then I’ll see you tomorrow, I’m
coming down at 10 o’clock anyway, and then I’ll stop at your office.
MS. DOUGHER-Thanks very much for listening.
MR. ABBATE-Thank you so much, Darleen.
MS. DOUGHER-Think about it. If you like, fine, if you don’t, no problem.
MR. ABBATE-All right. Thank you. All right. We’re going to continue, ladies and
gentlemen.
AREA VARIANCE NO. 4-2007 SEQRA TYPE: II MARK PUSTOLKA OWNER(S):
MARK PUSTOLKA ZONING: RR-5A LOCATION: 47 TUTHILL ROAD APPLICANT
PROPOSES CONSTRUCTION OF A POLE BARN. RELIEF REQUESTED FROM
MAXIMUM ALLOWABLE SIZE (900 SQ. FT.) LIMIT FOR SUCH STRUCTURES.
WARREN COUNTY PLANNING: N/A ADIRONDACK PARK AGENCY: YES LOT
SIZE: 5 ACRES TAX MAP NO. 307.00-1-11 SECTION: 179-5-020
MARK PUSTOLKA, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 4-2007, Mark Pustolka, Meeting Date: January 24,
2007 “Project Location: 47 Tuthill Road Description of Project: Applicant proposes
construction of a 1,632 sq. ft. garage with loft storage.
Relief Required:
The applicant requests relief for an oversized garage on the property (in excess of 900
sq. ft. in floor area in a residential district), per §179-5-020 for the RR-5A zone.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
1. Benefit to the applicant:
Applicant would be permitted to construct the desired structure on the property.
2. Feasible alternatives:
Feasible alternatives appear to be limited to reducing the project to the maximum 900 sq.
ft. garage and 500 sq. ft. shed.
3.
Is this relief substantial relative to the ordinance?:
The request for 732 sq. ft. over the maximum 900 sq. ft. for a garage may be interpreted
as considerable relative to the ordinance (45%).
4.
Effects on the neighborhood or community:
Minor effects on the neighborhood may be anticipated as a result of this action.
5.
Is this difficulty self-created?
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The difficulty may be interpreted as self-created.
Parcel History (construction/site plan/variance, etc.):
BP 1988-474: Single-family dwelling.
Staff comments:
While the request for relief could be deemed considerable, minimal effects on the
neighborhood may be anticipated as a result of this action. The relatively substantial lot
size (5-acres) helps to mitigate any negative impacts that the oversized accessory
structure might have on the neighborhood.
The Board may consider a condition of any approval that no additional accessory
structures are to be erected on the site.
SEQR Status:
Type II”
MR. ABBATE-I’m going to request that the petitioner of Area Variance No. 4-2007 be
kind enough to approach the table, speak into the microphone, and if you’d be kind
enough, sir, to tell us who you are and your relationship to this appeal, please.
MR. PUSTOLKA-I’m Mark Pustolka, and I’m the owner of the property at 47 Tuthill.
MR. ABBATE-Okay, now I’d like to make sure that we have a correct description here. It
appears that you’re proposing construction of a pole barn, and the relief requested from
the maximum allowable size 900 square feet limit for substructures. Is that correct?
MR. PUSTOLKA-Yes.
MR. ABBATE-Okay. Now, are you an attorney?
MR. PUSTOLKA-No.
MR. ABBATE-All right. Since you’re not an attorney, I do it a little bit differently. Any
time during this hearing if there’s something you don’t understand, stop us immediately
and we will explain to you why we’re doing or what we said why we said what we said. If,
during the course of the hearing, you’ve say, my goodness, I forgot to mention this,
which will support your case before us, stop us and feel free to include it. Okay. Are you
prepared to proceed?
MR. PUSTOLKA-Yes.
MR. ABBATE-Do it.
MR. PUSTOLKA-I’d like to build a pole barn on the property. Right now there’s no
accessory structures. There’s no attached or detached garage on the property when I
bought it. I just bought it last July, and I’d like to build the pole barn, a pole barn large
enough to park our two daily drivers in, and I have a classic car, and I’d like to build it
large enough to store all the equipment I use to maintain the property. There’s a few
benefits I get from that. Number One is the property would be much more aesthetically
pleasing if I get the equipment in and under a roof. The second is the investment for the
equipment that I use, like the snowplow, for example, that’s a $4500 investment, tractors,
$11,000 with a loader on it, I would rather not have those outdoors. I’d much rather have
them under a roof storage. Just so they don’t degrade quite so rapidly, and the third is a
safety issue. I’ve got a little girl. She’s five years old, and she has her friends over, and I
would like to create a safe environment for her to play in, so she’s not out playing hide
and seek and, you know, leaning on a post hole logger or something to do it. That’s
essentially it for the benefits. I can’t see anything on the other side, anything that would
take away from the neighborhood or the environment. Not in my opinion anyway.
MR. ABBATE-All right. I’m going to go to the Board members and ask if any of the Board
members would like to address Area Variance No. 4-2007 and ask questions. Do we
have any Board members who’d like to address this?
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MR. BRYANT-Mr. Chairman, you mention that you have no other accessory structures
on the property. In the Staff Notes, as a feasible alternative they’re suggesting that you
build a 900 square foot garage and then a 500 square foot shed on the property.
MR. PUSTOLKA-I considered that, and because of the size of the equipment, I need a
door, I would need a door on the shed large enough to get an eight foot plow through
and a fairly sizeable tractor, and once you put a door on a shed that size, it by definition
becomes a garage.
MR. BRYANT-A garage, right.
MR. PUSTOLKA-And that’s how I came up with the added square footage as a garage.
MR. ABBATE-Do we have any other members who would like to?
MRS. JENKIN-Yes. One question. The property is like this. It’s amazing up there. The
area that you’re planning to build the pole barn on, is it also, because I was not able to
get up your road. Is it also on a big slab?
MR. PUSTOLKA-No, actually there’s, the driveway goes up. I don’t know what the
elevation change is up to the house. The house sits kind of on a plateau, and this sits
almost at the same elevation as the house.
MRS. JENKIN-And it’s a plateau area?
MR. PUSTOLKA-It is, and it actually goes down to a little bit of a ravine behind it, and
then up steeper yet, up the mountain.
MR. GARRAND-Quick question. I’ve seen designs like this, and people have often used
the loft area as sort of an accessory residence for renters and that sort of thing. Do you
have any plans of using that for any type of use?
MR. PUSTOLKA-No. That would just be storage of probably my little girl’s toys and
things of that nature. Right now we have no attic in the house, either. It’s a log cabin
and there’s a loft, but it’s a master bedroom loft. So we lose an attic and the inside walls
go right to the peak of the roof. So right now we have an unfinished basement. I’d like to
finish the basement, which then again I lose more opportunity for storage space down
there, and right now I’m storing, gee, I’ve got flammable fuels for snow blower and what
not down there and I’d like to get those out as well. I tried to size the building
appropriately to house everything that I’d like to get into it without adding any extra.
MR. GARRAND-Thank you. Any other questions, ladies and gentlemen of the Board?
MR. CLEMENTS-I just had one. So you said you’re going to use the loft just for personal
storage?
MR. PUSTOLKA-Yes.
MR. ABBATE-Okay. I’m going to proceed, then. I’m going to open up the public hearing
for Area Variance No. 4-2007. Do we have any members of the public who would like to
address this particular appeal? Yes, ma’am. Would you come forward, please. Have a
chair, speak into the microphone and if you would tell us who you are and where you
reside, please.
PUBLIC HEARING OPENED
CYNTHIA DAVIS
MS. DAVIS-Hi. My name is Cynthia Davis and I reside at 46 Tuthill. We just moved
there. So I’m not even sure of the number yet, sorry. We just moved there two months
ago, and I haven’t even had the opportunity to meet Mark in person yet. So I’m meeting
him here now. We did try to meet with him on Sunday to discuss this, because the last
thing we want is to move into a new neighborhood and have problems with the
neighbors. That’s not why I’m here. We moved there recently from a very nice
townhouse development over on Waverly Place, and the reason that we moved there
was because we wanted privacy. We wanted a more natural setting. We wanted quiet,
and we wanted some space. So we moved from a townhouse, a dual townhouse setting,
to five acres with a lot of nature and a brook and it’s very peaceful, most of the time. I
also knew that we were moving in to land that’s APA regulated, and, you know, a lot of
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people would be like, why would you do that, why would you move into something that’s
so regulated? And I moved there intentionally because I wanted to stay in Queensbury.
I wanted to stay in the County, but I wanted to have the protection of the APA. Having
said all that, I just want to address some of the concerns that we have. We weren’t
aware of what the project was. We really didn’t know what the plans were until we got
here tonight.
MR. ABBATE-Excuse me for a second. Where do you reside, how close?
MS. DAVIS-Across the road. We live right across the road on that triangle plot.
MR. ABBATE-Did you receive a letter from the Town?
MS. DAVIS-Yes.
MR. ABBATE-You did. Okay. Fine.
MS. DAVIS-Last Wednesday.
MR. ABBATE-All right. Fine.
MS. DAVIS-Right now Mark does have some sort of a temporary storage unit set up
down near the road, and I would like to know what’s going to happen with that temporary
storage shed. I guess it’s some sort of a rental thing, and I’m hoping that maybe once
his project is over with, that’s going to be removed. I also would like to know that for now
Mark and his family plan to use this structure for storage for his equipment and his
classic car, and I understand that. What I’d like to know is that if at some point down the
road they were to sell the home, and someone else came along, what is our protection
as far as preserving that usage of the structure, that it remains just storage and doesn’t
become, I don’t know, agriculture or a maple sugar? I don’t know. What protects us that
it stays in that same usage? And I also, I want to be assured that we are able to
maintain the quiet that we have up there now, and I think probably that’s going to
happen, but I really am concerned about those items and I’d like to have those
addressed before you make a decision.
MR. ABBATE-Is there anything else you’d like to say?
MS. DAVIS-Thank you.
MR. ABBATE-Thank you so much. Do we have anyone else in the audience who’d like
to address Area Variance No. 4-2007? I see no other hands raised. Sir, would you like
to address the comments made by the public, please?
MR. PUSTOLKA-As far as, you’ll probably have to remind me as I go along here, to all of
them. As far as if I were to sell the land, which we don’t plan on, but if that were to
happen in the future, I couldn’t guarantee anything for what happens to the land after
that. That’s, I assume that’s all in the Zoning Ordinances and Codes. Zoned RR-5A, I
don’t think you can run a commercial business out of there, as far as I know. Correct me
if I’m wrong. Noise, I would say if anything this is going to help noise, just because it
also, you know, everything being inside a building is better than it being outside under
blue tarps or whatever, when I’m starting up a lawnmower, when I’m doing whatever. I
can’t imagine noise is going to be worse. I think it will actually improve. The temporary
storage that I have right now, you’ve probably all seen them. It’s one of those little,
almost like a cargo box goes on a ship. You can rent them. That right now has got two
tractors in it. I’d love to get rid of it. I’m paying for it. That’s part of the reason for the
building, and right now the classic car is down at my dad’s farm. So I’ve got storage in
two or three different places right now that I’d like to consolidate all on my own land. I’ve
got five acres there. It would seem a shame that I have things all over the countryside.
What other issues were there? That was the noise. Was that it?
MR. ABBATE-Okay. All right. Board members, do we have any further questions for the
appellant before I continue?
MR. CLEMENTS-I just had one. The temporary storage that you said you had there, I
didn’t know if you said that you were going to remove that. You said you were paying for
it.
MR. PUSTOLKA-Yes, I can’t wait to get rid of it.
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(Queensbury ZBA Meeting 01/24/07)
MR. CLEMENTS-If you were granted this variance, you’d remove that.
MR. PUSTOLKA-Absolutely.
MR. CLEMENTS-Okay.
MR. ABBATE-Any other questions? All right. Before I ask members to offer their
comments, I’d like to inform the public that the comments that are going to be offered by
members of this Board are directed to the Chairman and comments expressed by Board
members to the Chairman are not open to debate. May I respectfully remind the
members that precedence mandates we concern ourselves with the evidence which
appears on the record to support our conclusions, and the evidence relied upon should
be specifically stated. Additionally, any position you may take must be based on the
regulatory review criteria of our laws and not simply on subjective preferences or not
liking a project, and Board members are obligated to make decisions on reliable
evidence contained in the record of the Board’s deliberations. I will now ask members to
please offer their comments on Area Variance No. 4-2007. Do I have a volunteer?
MR. CLEMENTS-Thank you, Mr. Chairman. I think that, from the questions that came
from the public and the way you answered those, and besides the fact that you have a
five acre parcel there, this looks like a good variance to me. I would agree.
MR. GARRAND-Thank you, Mr. Chairman. While I think the size of the structure might
be a little excessive, I’m also in favor of getting rid of the pod that’s being used as a
temporary storage shed. I think that’s pretty much unsightly. One thing I’d like to see is
conditions such as what was mentioned in Staff Notes as far as no further accessory
structures, given the size of this structure. I think it’s a reasonable request to throw that
in as a condition of no additional structures after this would be built. So with that in mind,
I’d be in favor.
MR. ABBATE-With conditions. All right. Thank you very much. Folks, do we have
anybody else who would like to volunteer to comment?
MRS. HUNT-Yes. I agree. I think the size of the structure is not much more than an
accessory structure and a garage together would be. I think it’s a very handsome set of
plans that you have, and I wouldn’t have any problem with it.
MR. ABBATE-Thank you very much. Joan, please?
MRS. JENKIN-Yes. I think you have a definite benefit, obviously, because you can store
everything, and there is no undesirable change in your neighborhood because you’re
actually adding to it, as you mentioned, and I agree with that. It is substantial because
it’ll be a large structure, but because of the plans you have for it, it probably is necessary,
and having storage is always good. You can buy more things, and I don’t think there’s
any adverse physical or environmental effects because I think that it’s important that you
have the proper setbacks from the lot lines. That’s important, and you satisfy all those.
The only thing is the size of the structure that you’re asking for, and so I would agree with
this.
MR. ABBATE-Thank you very much. Allan, would you be kind enough to go next for me,
please.
MR. BRYANT-Thank you, Mr. Chairman. I think Mr. Garrand said it best when he said
that the request is excessive, and because Staff Notes do indicate that there is a feasible
alternative and I think it’s a reasonable alternative, taking to the size of the property five
acres, I’m going to fall on the negative.
MR. ABBATE-Okay. Thank you, Mr. Bryant. Mr. McNulty, please.
MR. MC NULTY-I think I’m going to agree with Mr. Bryant. On the one hand, this is a
large piece of property, and the location proposed for this structure is such that it
probably is going to be difficult to see from the road under normal circumstances. On the
other hand, as I’ve remarked sometimes before, just because somebody buys a lot of
toys doesn’t mean that they should be granted approval for an extra large building to
house them in, and in this case, as Mr. Bryant said, I think there’s somewhat of a
reasonable alternative here, with a 900 square foot garage which would allow three
stalls. It seems like one of those could accommodate a plow, and a 500 square foot
additional shed should be adequate. So I’m going to be opposed.
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(Queensbury ZBA Meeting 01/24/07)
MR. ABBATE-Okay. Thank you. Well, I’ve listened to the arguments of both sides, and
Mr. Bryant and Mr. McNulty, but I’m going to come down in favor of the arguments
presented by Mrs. Hunt, Mr. Garrand, Mrs. Jenkin and Mr. Clements, because I believe
that their argument, at least for me, moves me over to the 51%. It was that close. I think
both parties on the Board have some valid points to make, but overall, I believe that the
arguments put forth by the members who are in support of the application convinces me,
basically, listening to what they had to say, to move also for an approval. Now, I’m going
to close the public hearing for Area Variance No. 4-2007.
PUBLIC HEARING CLOSED
MR. ABBATE-And I’m going to respectfully remind the members that we have the task of
balancing the benefit of the variance against the impact on the area, and while State law
sets forth five factors to take into consideration, again, unlike a Use Variance test, this
Board need not find in favor of the applicant on every one of the five factors. Rather, we
must merely take into account in deciding whether to grant an Area Variance. I’m going
to request that a Board member please introduce a motion and introduce it with clarity,
and the motion is not subject to debate. Any member not favoring the motion may
exercise their right to vote nor and/or introduce their own motion. In the event a member
moves a motion to disapprove and believes the appeal is substantial, please make clear
your basis for the judgment. Having said that, I’m going to ask for a volunteer for a
motion on Area Variance No. 4-2007.
MOTION TO APPROVE AREA VARIANCE NO. 4-2007 MARK PUSTOLKA, Introduced
by Richard Garrand who moved for its adoption, seconded by Joyce Hunt:
47 Tuthill Road. With conditions. Conditions being that no additional accessory
structures be erected subsequent to the construction of this structure that we’re
approving here tonight. Applicant proposes construction of a 1,632 square foot garage
with loft storage. The applicant is requesting relief for an oversized garage on the
property in excess of 900 square feet in floor area in a residential district per Subsection
179-5-020 for the Rural Residential 5 Acre zone. Can the benefits be achieved by any
other means feasible to the applicant? Probably not. The applicant, with all of his
equipment, has the need for a large amount of storage space. Will this addition to the
neighborhood cause an undesirable change? I don’t believe it will. If anything, taking
out the pod that’s existing right there will be an improvement on the neighborhood, and
it’ll also eliminate equipment being sprawled throughout the property. The request I
would deem is substantial, due to the excessive nature of the size. Will the request have
adverse physical or environmental impacts on the neighborhood? Quite the contrary. I
think it’ll have a positive impact. Anytime you have power equipment sitting on lawns or
sitting underneath tarps, you’re going to have leakage of fluids in the groundwater into
the brook that passes through that area. Is the difficulty self-created? It may be
interpreted as self-created.
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Duly adopted this 24 day of January, 2007, by the following vote:
AYES: Mrs. Hunt, Mr. Clements, Mrs. Jenkin, Mr. Garrand, Mr. Abbate
NOES: Mr. Bryant, Mr. McNulty
MR. ABBATE-The vote for Area Variance No. 4-2007 is five yes, two no. Area Variance
No. 4-2007 is approved. Thank you very much.
MR. PUSTOLKA-Thank you.
AREA VARIANCE NO. 5-2007 SEQRA TYPE: II RENE AND NICOLE STEHLE
AGENT(S): STEFANIE DI LALLO BITTER, ESQ., BPSR OWNER(S): RENE AND
NICOLE STEHLE ZONING: LC-10A AND RR-5A LOCATION: 908 LUZERNE
MOUNTAIN ROAD APPLICANT PROPOSES THE CONSTRUCTION OF AN
ATTACHED GARAGE TO THE EXISTING RESIDENCE. RELIEF REQUESTED FROM
SIDE SETBACK AND PERMEABILITY REQUIREMENTS AS WELL AS FROM
NUMBER OF ALLOWABLE ACCESSORY STRUCTURES. WARREN COUNTY
PLANNING: JANUARY 10, 2007 ADIRONDACK PARK AGENCY: YES LOT SIZE:
10.87 ACRES TAX MAP NO. 307.00-1-4 SECTION: 179-4-030; 179-5-020
STEPHANIE DI LALLO BITTER, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
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(Queensbury ZBA Meeting 01/24/07)
Notes from Staff, Area Variance No. 5-2007, Rene and Nicole Stehle, Meeting Date:
January 24, 2007 “Project Location: 908 Luzerne Mountain Road Description of
Proposed Project: Applicant proposes construction of a 1,133 sq. ft. attached garage
with second-story storage space.
Relief Required:
The applicant requests relief for an oversized garage on the property (in excess of 900
sq. ft. in floor area in a residential district), per §179-5-020 for the LC-10A and RR-5A
zones.
Side setback relief of 43-feet from the minimum 100-feet is also requested, per §179-4-
030 for the LC-10A zone.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
1. Benefit to the applicant:
Applicant would be permitted to construct the desired structure on the property.
2. Feasible alternatives:
Feasible alternatives may include a proposal for a detached garage to be located in back
of the house, thus meeting the setbacks.
3. Is this relief substantial relative to the ordinance?:
The request for side setback relief may be interpreted as considerable relative to the
ordinance (43%).
The request for 233 sq. ft. in excess of the maximum 900 sq. ft. may be considered
moderate (21%).
The cumulative nature of the two requests may be deemed considerable relative to the
ordinance.
4. Effects on the neighborhood or community:
Minor effects on the neighborhood may be anticipated as a result of this action.
5. Is this difficulty self-created?
The difficulty may be interpreted as self-created.
Parcel History (construction/site plan/variance, etc.):
Staff comments:
While the cumulative request for relief could be deemed considerable, minimal effects on
the neighborhood may be anticipated as a result of this action. The substantial lot size
(10.87-acres) helps to mitigate the effect of an oversized garage on the neighborhood.
SEQR Status:
Type II”
“Warren County Planning Board Project Review and Referral Form January 10, 2007
Project Name: Stehle, Rene & Nicole Owner(s): Rene & Nicole Stehle ID Number:
QBY-07-AV-5 County Project#: Jan07-30 Current Zoning: LC-10A and RR-5A
Community: Queensbury Project Description: Applicant is proposing construction of an
attached garage to the existing residence. Relief requested from side setback and
permeability requirements as well as from number of allowable accessory structures.
Site Location: 908 Luzerne Mountain Road Tax Map Number(s): 307.00-1-4 Staff
Notes: Area Variance: The applicant proposes to construct a 1,133 sq. ft. attached
garage. The garage exceeds the allowable sq. ft. of an accessory structure and is
located 57 ft. from the south property line where 100 ft. setback is required. The
information submitted indicates the existing home does not have a basement or an attic
11
(Queensbury ZBA Meeting 01/24/07)
the garage will allow for storage and vehicles. The plans show the lot to be 10.87 acres
and located in land conservation 10 acres and rural residential 5 acres. Relief is also
requested for permeability requirements and the number of allowable accessory
structures. The applicant has indicated the garage will be seen from the road or by
adjacent neighbors due to the existing vegetation. Staff does not identify an impact on
county resources based on the information submitted. Staff recommends no county
impact. Warren County Planning Board Recommendation: No County Impact” Signed
by Richard C. Merrill, Warren County Planning Board 1/12/07.
MR. ABBATE-I’m going to request now that the petitioner for Area Variance No. 5-2007
be kind enough to approach the table, please, state your name and your relationship to
the Area Variance No. 5-2007, please.
MS. BITTER-Good evening, Chairman. Stephanie DiLallo Bitter here as attorney with
Rene & Nicole Stehle. The property is located at 908 Luzerne Mountain Road. This
evening the applicants are requesting to be able to construct a three car garage on this
property which would be attached to their existing residence. The two variances that we
are seeking are side setback as well as size and accessory structure. Specifically the
requirement for the side setback is 100 feet. We’re proposing 57. The size of the
structure that’s allowed is 900 square feet and we’re proposing 1,133. This is a 10.87
acre site located in both the LC-10A, as well as the RR-5A zone. Right now where the
residence is located is actually in the LC-10A zone, which you can tell from the survey
the building envelope of that lot is very narrow, as well as due to the shape of the lot
makes the building envelope very narrow. As I indicated in the application, the residence
doesn’t have an attic, nor does it have a basement, but the Stehle’s are blessed with
three small children, and anyone who has children knows that with children comes a lot
of stuff. As a result, they are in desperate need of storage space. As a result, they
designed this three car garage which would allow them to not only park their vehicles in
the garage, but also have storage both on the first level as well as the second level. I’m
sure this Board is familiar with the location of this property. It’s in a desolate area on the
mountain. The addition will not be seen from the road, nor by the most affected adjacent
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neighbor. On January 17, I provided the Town with a copy of the letter that was
provided from the adjacent neighbor affected by this setback variance which said that
they were in support of the variance being granted. I believe that in weighing the
balancing test, the benefit to the applicant outweighs any detriment that can be deemed
to exist to the community as a result of this variance, due to the factors that I just
described.
MR. ABBATE-Okay. Thank you, Counselor. Counselor and I, so that it’s on the record,
we don’t worry about ex parte communications, had a conversation prior to this hearing
this evening. We have an administrative problem, if you will, that’s going to be resolved.
The administrative problem basically is the fact that when this variance was advertised, it
was not advertised correctly. So I had a conversation with Counsel and Counsel agreed
and I said to Counsel, if you agree, then I’m going to move that we table your application
until the February 2007 hearing. Counsel agreed, and also I checked with Staff, and
Staff agreed that they will, ASAP, go out with a new description, please. So we have
both agreement from Staff and both agreement from Counsel. In the meantime,
however, what I’m going to do is open the public hearing and once I open up the public
hearing, then I’ll do a tabling motion, myself, to table you for February 2007, Counselor.
MS. BITTER-Okay. Is there a specific date we’re looking at?
MR. ABBATE-I’ll give you a specific date, yes. We have two meeting dates in February.
Which one would you like?
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MS. BITTER-We’d prefer the 21, please.
MR. ABBATE-Okay. Staff, would you make a note that I committed myself to placing
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Area Variance No. 5-2007 on the 21 of February, please, and we should be okay with
that, and so what I’m going to do, Counselor, is go through the motions here and open
up the public hearing. The public hearing is going to be open for Area Variance No. 5-
2007. Would anyone in the public like to address or comment on this particular
variance? If so, would you be kind enough to raise your hand, please.
PUBLIC HEARING OPENED
MR. ABBATE-I see no hands raised. So I’m going to move on. I’m going to keep the
public hearing open.
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(Queensbury ZBA Meeting 01/24/07)
MR. BRYANT-Mr. Chairman, are you going to allow us to ask questions?
MR. ABBATE-If you’d like. Would you like to do it now?
MR. BRYANT-Yes, I have a couple of questions.
MR. ABBATE-Please do. Feel free.
MR. BRYANT-Thank you, Mr. Chairman. In the Staff Notes there’s a feasible alternative
that suggests maybe we should be building a detached garage located in the back of the
house, meeting all the setback requirements. What’s the problem with that? I don’t see
any septic or any of that? Maybe that’s the problem.
MS. BITTER-Actually I think it’s because it’s a detached, as opposed to an attached.
Because of the fact that they have three small children, obviously having an attached
garage is a completely different type of benefit than having a detached garage. This way
you’re going to be able to enter and exit your vehicles in an enclosed structure, as
opposed to having to travel outside into the weather, and, you know, carry your children
and everything to your vehicle which is located in a detached structure.
MR. BRYANT-You say in your application that the garage is not going to be visible by the
neighbors. I don’t think the house is visible to the neighbors.
MS. BITTER-I was up there and it looked like as if the vegetation protected it.
MR. BRYANT-I know, I got stuck in the driveway. Thank you very much.
MR. ABBATE-All right. Any other questions from any Board members? Okay.
MRS. JENKIN-When you built the house, were you aware that that just satisfied the 100
foot setback?
RENE STEHLE
MR. STEHLE-We just purchased the house this summer in August, and we were not
aware that the house was so tight in the back location of the property with the 100 foot
on each side, just about.
MR. ABBATE-All right. Any other questions?
MR. BRYANT-One more question, Mr. Chairman.
MR. ABBATE-Yes, please do.
MR. BRYANT-In your little sketch here, it looks like you’ve got some kind of little hole
there or something. Why is it, is that the, why isn’t the garage right up against the
house?
MR. STEHLE-It’s a small breezeway, mud room, because we do have windows on that
side of the house and the wood stove’s over in that area of the house also, and we
wanted to still be able to view outside of that portion of the house, and we could look
over that roof because it would be, for the mud room, lower than that second story area.
MR. BRYANT-And what’s going to happen to that garage that’s there? Is that still going
to be part of garage?
MR. STEHLE-Right now it’s like a very, very tight one car garage. The house is a post
and beam house, and the way it’s designed, there’s a post at 12 feet, when you enter,
and we both have 4-wheel drive trucks, and they’re about 21 feet long. We can’t even fit
our vehicle in there. We’ve got our 4-wheelers in there, the kids’ toys, storage because
we don’t have an attic or a basement. The basement is actually the master bedroom
residence, and we’ve, right now, got it completely filled to the hilt.
MRS. JENKIN-With the idea of putting it behind the house, we don’t see a floor plan of
the house so I have no idea, but is there any way to get access to the house if you put it
behind?
MR. STEHLE-Actually, I’m not sure if behind the house, it would have to be in front of the
house, and what we were, because behind the house, the property, if anyone’s been up
13
(Queensbury ZBA Meeting 01/24/07)
there, goes straight up. We’re about three-quarters up West Mountain, and right after
the house it kind of juts very, very steep up there, and what we were thinking about
would have been in front of the house, down in the five acre zoning, but it would be about
450 feet away from our house, because that’s really what the next flat little area, and
where we are, there’s an existing blacktop driveway where we would like to locate the
three car garage with very minimal impact to the environment. We’re actually going to
remove part of the blacktop where it goes closest to our adjoining neighbor and re-plant
that with a natural buffer because we wouldn’t need that blacktop area that’s right there
anymore because we would pull right into the garage.
MRS. JENKIN-Yes, but you’d need a turnaround.
MR. STEHLE-It would be kind of, we’d have to readjust where the lawn is in the front of
the house, from when you first pull in, you’d kind of swoop around where the current lawn
is.
MR. ABBATE-Any other questions?
MR. GARRAND-I think the possible elimination of the breezeway might reduce the side
setback considerably from what’s required. Also, how many bedrooms are in the house?
MR. STEHLE-There’s technically two. We turned our family room into our bedroom.
MR. GARRAND-Okay, and when you’re done, will there be bedrooms above the
garage?
MR. STEHLE-No, it’s just going to be storage.
MR. GARRAND-Okay, because if you attached it to the side of the house, there could
conceivably be an additional bedroom up there above the garage.
MR. STEHLE-We’re not looking for another bedroom, but it’s just going to be a storage
area.
MR. GARRAND-Okay.
MR. MC NULTY-The garage that’s in the house now, are you planning on leaving that
door there?
MR. STEHLE-No. The mud room would connect to where the current door is and that
would be closed in with just a 36 inch entry door.
MR. MC NULTY-All right. So there’s no possibility of that being considered another
garage. So we’re home free on that.
MR. ABBATE-That’s correct. He’s absolutely correct. Okay. Any other comments?
MRS. HUNT-What room does the breezeway abut on in your house?
MR. STEHLE-The breezeway would be connecting right to where that garage door is.
MRS. HUNT-What’s behind?
MR. STEHLE-Right now it’s just storage right now. It’s a finished like sheet rock garage,
but it’s cement floor, just, you know.
MR. ABBATE-Ladies and gentlemen, any other questions? Okay. Staff, before I do my
st
tabling motion, I want to make sure that I honor my commitment to Counsel for the 21 of
February. Tomorrow I’m setting the agenda at 10 o’clock for the month of February.
Would you do me a favor and attend that, please?
MRS. BARDEN-Yes.
MR. ABBATE-And then remind me that I’ve got to put this particular variance on for the
st
21, please.
MRS. BARDEN-I will do that.
MR. ABBATE-Thank you, ma’am. I appreciate that. I’m going to do a tabling motion.
14
(Queensbury ZBA Meeting 01/24/07)
MOTION TO TABLE AREA VARIANCE NO. 5-2007 RENE AND NICOLE STEHLE,
Introduced by Charles Abbate who moved for its adoption, seconded by Richard
Garrand:
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908 Luzerne Mountain Road. Be rescheduled for a hearing on the 21 of February
2007.
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Duly adopted this 24 day of January, 2007, by the following vote:
AYES: Mr. Garrand, Mr. McNulty, Mrs. Jenkin, Mr. Bryant, Mr. Clements, Mrs. Hunt,
Mr. Abbate
NOES: NONE
MR. ABBATE-The vote to table Area Variance No. 5-2007 is seven yes, zero no. The
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motion is carried. Area Variance No. 5-2007 is tabled for the 21 of February 2007
hearing. Thank you, folks.
AREA VARIANCE NO. 6-2007 SEQRA TYPE: UNLISTED ADIRONDACK
CARDIOLOGY ASSOCIATES/CARDIAC REALTY LLC AGENT(S): JONATHAN C.
LAPPER, ESQ. BPSR OWNER(S): JOHN DREPS ZONING: HC-MOD LOCATION:
BAY ROAD APPLICANT PROPOSES TO RELOCATE ITS FACILITIES TO BAY ROAD
AND REQUEST RELIEF FROM PARKING REQUIREMENTS. WARREN COUNTY
PLANNING: JANUARY 10, 2007 LOT SIZE: 3.6 ACRES TAX MAP NO. 296.16-1-
16.4, 16.5, 16.16 SECTION: 179-4-040
JON LAPPER & TOM NACE, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 6-2007, Adirondack Cardiology Associates/Cardiac
Realty LLC, Meeting Date: January 24, 2007 “Project Location: Bay Road Description
of Proposed Project: Applicants propose construction of a 19,660 sq. ft. medical office
building and associated site work including 128 parking spaces.
Relief Required:
The applicants request relief from the maximum parking requirement for an office (1 per
300 sq. ft. of gross leasable floor area), per §179-4-040. Specifically, 66 are required,
with an additional 13 allowed (20% overage), totaling a maximum of 79 spaces, thus
relief for 49 additional parking spaces is requested for the desired total of 128 spaces.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
1. Benefit to the applicant:
Applicants would be able to construct an additional 49 parking spaces on their site,
totaling the desired 128 spaces.
2. Feasible alternatives:
Feasible alternatives could be explored during site plan review by the Planning Board.
3. Is this relief substantial relative to the ordinance?:
The request for 49 additional parking spaces could be deemed considerable relative to
the ordinance (38.3%).
4. Effects on the neighborhood or community:
Effects on the neighborhood or community could be explored further during site plan
review.
5. Is this difficulty self-created?
The difficulty may be interpreted as self-created.
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(Queensbury ZBA Meeting 01/24/07)
Parcel History (construction/site plan/variance, etc.):
SB 17-04: Approved 5/26/05, 5-lot commercial subdivision.
PZ 1-2005: Zone change from HC-I and PUD to HC-Mod.
Staff comments:
The cover letter submitted with this application indicated that a parking study was
performed to determine the number of spaces needed to accommodate the facility. This
study was omitted in the submission, therefore, included here. The results of this study
should be discussed. The total parking spaces requested is 128, this figure is primarily
based on the total number of patients at any one time (46), and staff parking (65). Will all
65 staffers be working the same shift?
This request is a SEQR Unlisted Action and the project is subject to site plan review by
the Planning Board and Town Board review of the proposed sewer district extension.
The Board could consider requesting a SEQR coordinated review, and that the Town
Board or the Planning Board seek lead agency status (there may be other involved
agencies) and issue a SEQR determination prior to consideration of the variances.
Per Town Board resolution 40-2006 (1/1/06), any action subject to SEQRA coordinated
review where the Town Board is an involved agency, that board should be afforded the
opportunity to seek lead agency status.
SEQR Status:
Unlisted”
“Warren County Planning Board Project Review and Referral Form January 10, 2007
Project Name: Adirondack Cardiology Associates/Cardiac Realty Owner(s): John
Dreps ID Number: QBY-07-AV-6 County Project#: Jan07-26 Current Zoning: HC-
Mod Community: Queensbury Project Description: Applicant is proposing to relocate
its facilities to Bay Road and request relief from parking requirements. Site Location:
Bay Road Tax Map Number(s): 296.16-1-16.4, 16.5 Staff Notes: Area Variance: The
applicant proposes to construct a 19,660 sq. ft. medical office facility. The Town Code
indicates the building would be allowed a maximum of 79 spaces where the applicant
proposes 128 spaces. The information submitted indicates the applicant will utilize lots
2, 3 and 4 of the Dreps subdivision for the facility. The applicant has also indicated that
a study of the operations of the facility determined that 128 spaces would be needed to
accommodate the patients being serviced. Staff does not identify an impact on county
resources based on the information submitted. Staff recommends no county impact.
Warren County Planning Board Recommendation: No County Impact” Signed by
Richard C. Merrill, Warren County Planning Board 1/12/07.
MR. ABBATE-Before we start, ladies and gentlemen, I have been chastised by a Zoning
Board of Appeals member. I have asked them three times to remind me today, don’t let
me forget to take and introduce the new Executive Director, and I have failed to do that,
so he has just reminded me. So, ladies and gentlemen of the Zoning Board of Appeals, I
would like to introduce the new Executive Director Blanche Alter. We have Joan Jenkins
and we have Joyce that you met earlier, and we have Brian who is an alternate member,
and we have Allan Bryant and we have Rick Garrand and we have Chuck McNulty.
Ladies and gentlemen, and for the public, this is our new Executive Director, Blanche
Alter. Thank you very much.
MRS. ALTER-It’s nice to be here. Should I tell you something about myself?
MR. ABBATE-Yes. Would you like to, please, by all means.
MRS. ALTER-Okay. I come originally from Gloversville. I grew up and was raised there,
and when I met my husband, who I’m now divorced from, I moved to New York City and
put him through law school, Columbia Law School, and I’ve been working in Westchester
for 35 years, and I decided that it was time to come where I could ski and have a better
quality of life. So I’m very excited to be here, and we have a wonderful Staff, and I’m
very blessed because I don’t have to make any changes here, and the Zoning Board
seems perfectly under control. It’s really nice to be here and my phone and door are
always open if you have questions. So I look forward to meeting the public. I’ll probably
be going to various organizations and introducing myself when the Supervisor feels I
know enough. Thank you.
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(Queensbury ZBA Meeting 01/24/07)
MR. ABBATE-Thank you very much, Blanche. I appreciate that. Now to other business.
We have, this evening, Adirondack Cardiology Associates. That is Area Variance No. 6-
2007, and it is a SEQRA Unlisted, and the gentlemen who are representing the applicant
are here at the table, and I’m going to request that you please speak into the
microphone, identify yourselves and explain to us your relationship to this case, please.
MR. LAPPER-Good evening. For the record, Jon Lapper. We’re ganging up on you
tonight. With me is Dr. Schwenker and Dr. Layden, two of the cardiologists, the project
engineer, Tom Nace, and the project architect Bob Hatch. This is not rare these days
because I know I’ve been here in the last year on a number of occasions seeking
variances for additional parking. This is somewhat of a unique case because of the
nature of a busy cardiology practice. For whatever reason, the Town Zoning Code, the
parking code, deals with professional office based upon how many spaces per square
foot, which may have made sense years ago, but it certainly doesn’t make sense in a
modern medical practice. Just the Staff alone accounts pretty much for the number of
parking spaces that are permitted under the Code without counting the additional 20%,
but it doesn’t get close to what is necessary for Staff and for service personnel and for
patients, and in order to document this as scientifically as possible, the project developer
and architect did a detailed parking study interviewing the Staff, interviewing the doctors
and trying to determine what the peak hour requirement would be, so that we were sure
that what we were proposing would be sufficient for the site so there wouldn’t be a
situation of cardiac patients not having a place to park. As you can imagine, you don’t
want to put cardiac patients in a situation where they’re overly concerned and certainly
cause anymore stress. When you look at the impact on the neighborhood, the main
thing would be if we were asking for a green space variance because we had taken so
much of the site or we had acquired a site that wasn’t big enough to support the parking
demand, such that we would be asking for less than 30% green space, then arguably
you could say that we were creating an impact, a negative impact on the neighborhood
or environment. In this case, even with the 128 spaces that we have proposed, we have
over 51%, 51 and a half percent green space in a zone where 30% is required. So, you
know, ironically you could add another 20,000 square feet to the building, then it would
meet the parking code. The site would be more packed with building and you’d still meet
the 30% green space. So you could almost look at this as saying we’re asking for a
variance because we don’t have a large enough building, but the building is what is
necessary for this practice, because people don’t need 300 square feet per office, and
that’s how the Code is written, 300 square feet per parking space, if it was all employees.
That really isn’t the case because there’s a lot of patients as well, but we did do the
detailed analysis that justifies the 128 spaces. I’m going to ask Bob Hatch, the project
architect, to explain the methodology, and the doctors are here to verify, in terms of the
practice, why it’s so essential that they have the spaces, but I want to start out by asking
Tom Nace to just walk you through the site plan so that you can familiarize yourself with
what we’re proposing.
MR. NACE-You’ve all, I’m sure, looked at the site plan. We’re on Bay Road, so we have
a 75 foot Travel Corridor green space in the front of the building. Part of that is going to
be used for an expanded stormwater basin from what is there. So the building will be set
back 75 feet. The customer parking, if you will, is behind the building. Mostly employee
parking off to the side of the building, employee staff entrance off to the side. This would
be the south side of the building. The port cochre and entry drop off area in the back of
the building. We have developed a complete site plan, one you have, what was
submitted here for the zoning is the concept site plan. We have developed a full site
plan, which this is the landscaping plan for, so you can see we really haven’t changed
any of the layout. We have introduced some fairly heavy landscaping around this
employee parking lot to help screen that from the road. We’ve put some nice
landscaping around the stormwater basins to create some interest. We think it lays out
as a very nice site.
MR. LAPPER-Thanks, Tom. Now I’m going to turn it over to Bob Hatch.
MR. HATCH-Good evening. What we had attempted to do was to identify all the parking
need by the various groups. So, we have caregivers, which are the physicians and
others giving care to patients. We have administrative and other staff for those
caregivers, and we have the patients themselves, and as the patients are counted, they
are counted both physically being there and those that are waiting to be the next patients
to come into the space. So, to make efficient use of office space, you’ll have waiting
rooms with, as we all know, I guess, you’ll have waiting rooms with patients as well as
patients in the exam rooms. There are 20 exam rooms. So you can see that there’s
quite a bit of activity at this space. What we attempted to do, then, was in talking to the
physicians and the staff, try and see how their practice actually operated, to give an
17
(Queensbury ZBA Meeting 01/24/07)
efficient parking count for that. So I believe you may have had this parking study. We
were looking at each day and trying to find out during each day, how many folks would
be there. So as you look at each Monday, Tuesday, Wednesday through Friday we
started with the doctors in the clinic and just put the numbers of people who would be
seeing, the number of caregivers who would be seeing patients, and what we were trying
to do was arrive at how many patients would be with each of the caregivers as we go
along. So if we go through the list of the doctors, the physicians, the physician
assistants, people dealing with echo patients, nuclear medicine, pacemaker, cumadin,
the holter monitor, vascular lab, C.T. and heart failure clinic. So we added up those
patients that were coming for these specific rooms and then added also those patients
who were arriving just behind that for the next session in those rooms, and as we got
down to the bottom, we had a 46 total patients at any one time in the building. We had
an automatic 65 staff parking load with the building fully occupied, which gave us 111
subtotal. Then we looked at the handicap. We have five required handicap spaces, and
then looking at what many times happens in a physician’s office is the physician may be
in the hospital or elsewhere and may be late to their practice hours, and when they do,
we back up patients even more because they’re not going to slow down in coming for
their appropriate time. So if a physician may be delayed, we had a 10% extra parking
spaces for those times when a physician may have patients backing up because he
wasn’t able to get there at the appropriate time, and that’s how we totaled those numbers
up to 128.
MR. LAPPER-And I guess at this point I’d just like to add that because of the way the site
was designed, when you’re driving on Bay Road, with the 75 foot Travel Corridor
setback, and the fact that the green space is in front of the building, the fact that there
are the extra 49 spaces that we’re asking for above the 20%, located behind the building,
you’re still going to visually be looking at the landscaping in the front. So it’s not going to
be a big parking lot when you’re driving by, and I think that that also helps to mitigate
from the Travel Corridor what the site looks like. So with that, I think we’ve justified the
need for the practice and also why it’s not going to be a significant impact on the
neighborhood, and as you see, we have included a connection between this site and the
deli catering site that the Planning Board just approved last month, or last week, for the
site next door.
MR. ABBATE-Okay. Thank you, gentlemen. Ladies and gentlemen of the Board, do we
have any questions concerning this particular Area Variance, specifically 6-2007?
MRS. HUNT-The Staff had raised the question, would all 65 staffers be working on the
same shift?
DR. LAYDEN
DR. LAYDEN-Yes. The office now is open, they have staff there from about 7:30 to
about 5:30. So there is some people that come in early, but the overlap for the majority
of the working day all 65 are there, yes. There may be some people that come in an
hour earlier and leave an hour earlier, but there’s a considerable overlap of time,
probably six, seven hours when everybody’s there.
MRS. HUNT-Thank you.
MR. ABBATE-Do we have any other questions at this particular time? Okay. Then I’m
going to continue on, and I’m going to open the public hearing for Area Variance No. 6-
2007. Do we have any members of the public who would like to address or comment on
Area Variance No. 6-2007, please raise your hands, I’ll recognize you and you can come
to the table.
PUBLIC HEARING OPENED
MR. ABBATE-I see no hands raised, so I’m going to continue on, and again, before I ask
members to offer their comments, I’d like to inform the public that the comments offered
by the members are directed to the Chairman and comments expressed by Board
members to the Chairman are not open to debate, and again I respectfully remind the
members that precedence mandates we concern ourselves with the evidence which
appears on the record to support our conclusions. Now, I’m going to ask members to
please offer their comments on Area Variance No. 6-2007. Do I have a volunteer? Mr.
Bryant, please.
MR. BRYANT-Thank you, Mr. Chairman.
18
(Queensbury ZBA Meeting 01/24/07)
MR. ABBATE-You’re welcome.
MR. BRYANT-Actually, I think Mr. Lapper made a valid point for a change. The formula
for parking in an office building, you know the one per 300 square feet, might be valid for
a standard office building, but a medical practice, I know I go down to Irongate, which is
down in Glens Falls, and I’ll spend 15 or 20 minutes looking for a parking space. I don’t
think that when they designed the parking formula that they had in mind these types of
mega medical practices. One thing I do want to comment on is the landscaping. You
made an extra effort to keep the green space in the front of the building on Bay Road.
Most of the parking spaces are surrounded by shrubbery. It’s a very nice design. So as
far as I’m concerned, I think it’s a sound application, and I’d be in favor of it.
MR. ABBATE-Thank you, sir. Do we have anyone who’d like to volunteer to go next?
MRS. HUNT-I will. I have to agree with Mr. Bryant. I live right down the road, and I think
this is going to be a nice addition. It’s going to be a very attractive plan. I think you
made a valid case for the extra parking. I’d be in favor.
MR. ABBATE-Okay. Thank you very much. Brian, please.
MR. CLEMENTS-I agree with both of the other people that have spoken. It really looks
like a nice plan. As I looked at the number of rooms that were in there, I mean, there’s a
lot of rooms in there. So I could see where you may need additional parking. So I’d be
in favor of the plan.
MR. ABBATE-Thank you. Mrs. Jenkin?
MRS. JENKIN-Yes. I agree that the plan, it’s a beautiful plan. It’ll definitely have a
positive change in the neighborhood. I think it’s a fairly substantial request, as per the
Zoning Code, but it is a medical building. It will have a lot of use, and so I don’t think that
that is bad. One thing is you only have 24 parking spaces right now for the staff, and I
don’t know whether you’re going to ask the staff to park in the very back when they’re not
there, but I would assume that you would.
MR. NACE-Yes. Obviously the spaces up front toward the port cochre would be
reserved for clients and staff would be asked to park over towards the staff entrance.
MRS. JENKIN-Right.
MR. NACE-And then to the very back or east side of the lot.
MRS. JENKIN-Right. I did visit the site, and it looked like right now it’s just sort of a
wasteland there, so it’s definitely going to be good, and I’m definitely for the whole thing,
the project.
MR. ABBATE-Okay. Thank you very much. Rick, please.
MR. GARRAND-Certainly, Mr. Chairman. I’d be in agreement with a lot of what the other
Board members have said on this. I don’t think, given the nature of this business, that
the request is unreasonable. Also, given the fact that we live in the northeast, during
conditions of heavy snow, we also tend to lose about 10% of the available parking
spaces, due to snow plows in any given parking lot, and a good example of that would
probably be North Country Sports Medicine. If you tried to get in there in the wintertime,
their parking is significantly cut by snow in the wintertime. So I’d be in favor of this
application.
MR. ABBATE-Okay. Thank you very much. Mr. McNulty, please.
MR. MC NULTY-I don’t know if it’s allowed that I agree with Mr. Bryant twice in the same
meeting, but I’m going to anyway. I think in this case this is a special situation. I think
the applicant has done what sounds like a very careful analysis of what really is required,
and I see no reason not to agree with him. So I’d be in favor.
MR. ABBATE-Okay. Thank you, ladies and gentlemen. I, too, am in favor of the
application. There are several functions of the Zoning Board of Appeals. One is to have
a balancing act, and the benefit to the community, etc., and we also act as a safety
valve. So we have the authority to grant these kinds of variances. It’s my personal
opinion, and I agree with all the comments that have been made, that you’re going to
provide a fantastic service, particularly those of us who are getting to be senior citizens.
19
(Queensbury ZBA Meeting 01/24/07)
I think that’s going to be crucial. I, too, would support it. Now before I continue on, there
has been a recommendation by Staff, and I’d like to read it, please. This is the Staff
comments, quote, This request is a SEQRA Unlisted Action, and the project is subject to
site plan review by the Planning Board and Town Board review of the proposed sewer
district extension. The Board could consider requesting a SEQRA coordinated review,
and that the Town Board or the Planning Board seek Lead Agency Status, there may be
other involved agencies, and issue a SEQRA determination, prior to consideration of the
variances. Now, let me make a statement here. I attended a conference today, as a
matter of fact, several of us on the Board attended a conference today, and there was a
decision by the Appellate Division in 2006 and I say this for the benefit of Staff. She
indicated prior to consideration of the variances. Now this is what the Appellate Division
had to say, these are my words, but basically this is what they said. They basically said
that, and they made it quite clear, the Appellate Division in 2006 made it quite clear that
the Planning Board may not approve any project that’s subject to a variance, without first
going to the Zoning Board of Appeals for approval. The Appellate Division went on
further to say, and they overruled this decision of the Planning Board’s decision of
approval of a project which required a variance not heard or approved by the Zoning
Board of Appeals. So in effect what the Appellate Division basically said is this. Nothing
can go to the Planning Board, they cannot make any decisions in a project that involves
a variance without first going to the Zoning Board of Appeals and gaining their approval,
and that is just a cautionary statement that in the future we have to be very careful of
moving applications to the Planning Board on a project that requires a variance and
having the Planning Board approve it first. The Appellate Division made it quite clear,
and I can give you the case number if you wish, made it quite clear that’s inappropriate.
Okay. That’s just for information.
MR. LAPPER-If I could comment as well, Mr. Chairman.
MR. ABBATE-Yes, go ahead, please.
MR. LAPPER-There are times, in large projects, where a coordinated review is either
required or recommended and those are actions that are usually what’s considered Type
I Actions under SEQRA where you have coordinated review, and I brought with me, after
I saw that comment, I brought with me the Type I list from SEQRA, for non-residential
projects. It’s very brief, and I just want to read it, just to show that this project nowhere
approaches the thresholds of a Type I Action which would require a coordinated review.
Activities other than, this is 6NYCRR Part 617.4, Type I Actions, and Subsection Six,
activities other than the construction of residential facilities that meet or exceed any of
the following thresholds. One, a project or action that involves the physical alteration of
10 acres and we have, I think, six, three, excuse me, a little over three, a project or
action that would use ground or surface water in excess of two million gallons a day,
parking for 1,000 vehicles, and we’re talking about 128, a city, town or village having a
population of 150 persons or less, which would be Queensbury, a facility with more than
100,000 square feet, and we have roughly 19,000 square feet, and any structure
exceeding 100 feet above the ground level, the 100 foot tall building, in other words.
Agricultural, we’re not in an agricultural district, and then historic districts, and we’re not
anywhere near that. So as you can see from this list, this is nowhere near the type of
project that would require coordinated review. It is an Unlisted Action, so that each
Board can just make their own SEQRA determination, and that’s what we would ask you
to do here. We think that the variance is pretty straightforward and the fact that the
Board unanimously agrees, which is certainly not always the case, kind of bears that out,
and obviously as a separate review, we do have to go to the Planning Board for site plan
review, but actually the Staff comment was incorrect, because the sewer line runs in
front of the project, and when the subdivision was done, the subdivision was included in
the sewer district. So it’s already part of the sewer district for the Bay Road corridor.
MR. NACE-The sewer district is a separate action associated specifically with the
subdivision and not with this site plan, okay. This particular facility could either be
served through this sewer district extension, which is underway now, or as an outside
district user.
MR. LAPPER-But the sewer capacity exists within. The sewer district was installed for
the medical offices that were built just north of this, so there’s a sewer line in Bay Road,
and at the time that that was put in, the capacity was included for developing this
property. So that’s not a significant action.
MR. ABBATE-Okay. Let me turn to Staff. Staff, would you like to address that?
20
(Queensbury ZBA Meeting 01/24/07)
MRS. BARDEN-Sure. I concur that it is not a Type I SEQRA Action. It’s listed as
Unlisted. So coordinated review is not required. The Zoning Board can request
coordinated review when there are other involved agencies, the Planning Board is one.
The Town Board is another. The capacity and the infrastructure to service the
subdivision is, in fact, there. However, a map plan and report and approval of the sewer
district extension by the Town Board still needs to happen. It’s very common that Staff
recommends coordinated review for these projects. It’s just a recommendation. You are
correct that the Planning Board cannot grant an approval prior to your decision on a
variance. However, they can do a SEQRA, and then once a negative declaration is
determined, then it goes back to the Zoning Board for the variance and back to the
Planning Board for further review.
MR. ABBATE-Absolutely correct. I agree with you. No argument there. Ladies and
gentlemen of the Board, what is your pleasure? Why don’t we start with Mr. McNulty,
please.
MR. MC NULTY-It strikes me that probably there’s no need to do the coordinated review.
I think this is a fairly simple matter, and I think probably that’s what Counsel’s arguing for.
He wants to avoid the bouncing ball, which means it’s got to go back and forth like a
tennis match to comply, but my general reaction it it’s a simple straightforward thing.
The only thing we’re concerned with is the parking places. I would think we could do it
tonight quickly and easily.
MR. ABBATE-Okay. All right. Any other comments concerning that? Do we basically
support Mr. McNulty’s position? I do.
MR. BRYANT-Absolutely.
MR. ABBATE-You agree. Okay. Then I’m going to continue on then, all right. Okay.
I’m going to close the public hearing for Area Variance No. 6-2007.
PUBLIC HEARING CLOSED
MR. ABBATE-Again, I’m going to respectfully remind the members that we have the task
of balancing the benefits of the variance against the impact on the area. I’ve gone
through what State law sets forth. We all know what the five factors we must take into
consideration are. I’ve said that this evening. So I don’t have to go through it again. So
I’m going to request that a member introduce a motion and request that the motion be
made with clarity. Do we have a volunteer?
MR. MC NULTY-Mr. Chairman, before you go there, it’s an Unlisted Action. You do
need to go through the second page of the Short Form.
MR. ABBATE-Mr. McNulty is absolutely correct. Mr. McNulty, would you please do that
for us, please. Thank you.
MR. MC NULTY-Okay. Part II of the Environmental Assessment Form. First question,
Does the Action exceed any Type I threshold in 6NYCRR Part 617.12? And I think the
answer is no.
MRS. HUNT-No.
MR. MC NULTY-Will the action receive coordinated review as provided for Unlisted
Actions in 6NYCRR Part 617.6? And I think we’ve agreed no.
MR. ABBATE-No.
MRS. HUNT-No.
MR. MC NULTY-Could the action result in any adverse effects associated with the
following: One, existing air quality, surface or groundwater quality or quantity, noise
levels, existing traffic patterns, solid waste production or disposal, potential for erosion,
drainage or flooding problems? I think no.
MR. ABBATE-No.
MR. MC NULTY-Okay. Aesthetic, agricultural, archeological, historical or other natural
or cultural resources, or community or neighborhood character? I think again, no.
21
(Queensbury ZBA Meeting 01/24/07)
MR. ABBATE-No.
MR. MC NULTY-Vegetation or fauna, fish, shellfish or wildlife species, significant
habitats or threatened or endangered species?
MR. ABBATE-No.
MR. MC NULTY-A community’s existing plans or goals as officially adopted or a change
in use or intensity of use of land or other natural resources? I think again probably no.
MR. ABBATE-No.
MR. MC NULTY-Growth, subsequent development or related activities likely to be
induced by the proposed action? I don’t believe so.
MR. ABBATE-I would agree.
MR. MC NULTY-Okay. Long term, short term, cumulative or other effects not identified
in the previous questions?
MRS. ALTER-I think you might want to query the applicant about where the storage of
red bag medi waste will be. There’s the potential for this use to generate additional red
bag medi waste, and I think just to cover ourselves from any possible litigation we should
identify for the record where that red bag medi waste will be stored. As long as it’s a
secure place. It doesn’t have to be.
DR. SCHWENKER-Obviously, medical waste is an ongoing issue. What we do now,
and would continue to do, is we store it internally. It’s secured, and then we have an
outside contractor that does medical waste that picks it up.
MR. ABBATE-Okay.
MRS. ALTER-Thank you.
MR. ABBATE-Does that satisfy the Board members? And thank you very much. I think
we’re going to include that from now on. Thank you.
MRS. ALTER-You only need to include it if it’s medical waste.
MR. ABBATE-Okay. Thank you.
MR. MC NULTY-That probably covers the last question which is other impacts.
MR. ABBATE-Okay.
MR. MC NULTY-And we’ve covered that, and last question, is there or is there likely to
be controversy related to potential adverse environmental impacts? And I believe no.
MR. ABBATE-I would say no as well, and that covers it?
MR. MC NULTY-That should cover it.
MR. ABBATE-Thank you very much, Mr. McNulty.
MR. MC NULTY-We still need to do a motion to declare a negative impact.
MR. ABBATE-Okay.
MOTION THAT THE ENVIRONMENTAL ASSESSMENT FORM PROVIDED BY THE
APPLICANT, AND AS A RESULT OF THE INFORMATION PROVIDED AND THE
RESPONSES BY THIS BOARD, I’M GOING TO MOVE THAT THE ENVIRONMENTAL
ASSESSMENT FORM BE APPROVED, Introduced by Charles Abbate who moved for
its adoption, seconded by Joyce Hunt:
th
Duly adopted this 24 day of January, 2007, by the following vote:
AYES: Mrs. Hunt, Mr. Garrand, Mr. McNulty, Mrs. Jenkin, Mr. Bryant, Mr. Clements,
Mr. Abbate
22
(Queensbury ZBA Meeting 01/24/07)
NOES: NONE
MR. ABBATE-In a seven yes to zero no vote, the Environmental Assessment Form is
approved. Now, I’m going to ask for a motion for Area Variance No. 6-2007.
MOTION TO APPROVE AREA VARIANCE NO. 6-2007 ADIRONDACK CARDIOLOGY
ASSOCIATES/CARDIAC REALTY LLC, Introduced by Joyce Hunt who moved for its
adoption, seconded by Allan Bryant:
Bay Road. The applicants propose construction of a 19,660 square foot medical office
building and associated site work including 128 parking spaces. The applicants request
relief from the maximum parking requirements for an office, one per 300 square feet of
gross leasable floor area per Section 179-4-040. Specifically, 66 are required with an
additional 13 allowed, 20% overage, totaling a maximum of 79 spaces. Thus relief for 49
additional spaces is requested for the desired total of 128 spaces. Whether this benefit
could be achieved by other means feasible to the applicant. I don’t think so. I think that
their parking study shows that this is really needed. I don’t think it would be an
undesirable change in the neighborhood character or to nearby properties, and while the
request is substantial, it might be considered unique for this type of construction. The
request will not have adverse physical or environmental effects on the area, and the
alleged difficulty might be self-created, but it might be considered necessary, so I move
that we pass Area Variance No. 6-2007.
th
Duly adopted this 24 day of January, 2007, by the following vote:
AYES: Mr. Bryant, Mrs. Jenkin, Mr. McNulty, Mr. Garrand, Mrs. Hunt, Mr. Clements,
Mr. Abbate
NOES: NONE
MR. ABBATE-The vote for Area Variance No. 6-2007 is seven in favor, zero no. Area
Variance No. 6-2007 is approved.
MR. LAPPER-Thank you all very much.
MR. ABBATE-Thank you, gentlemen. Okay, folks. I don’t have any other official action
this evening. I would like to take a few seconds, if you will, to discuss the proposal by
our Town Clerk. If you would like to think about it for a couple of days, that’s perfectly
okay with me as well, and then let me know what you think. If you feel that you’re
comfortable to make a decision this evening, that’s fine, and I’ll let her know tomorrow at
10 o’clock. The Town Clerk what she proposes to provide us with, the maps and what
have you. That’s what I’m referring to.
MRS. JENKIN-Right.
MR. ABBATE-Do I have any feedback?
MR. MC NULTY-It sounds good to me.
MR. ABBATE-It sounds good to me, too.
MR. MC NULTY-It’s not cost to us. It’s just a matter of whether she spends the time
doing it or not. I think it’s a great supplement to what we’re getting now.
MR. ABBATE-Exactly. I agree, Chuck, 100%. We’re still going to be getting our
packages, guys, and what this is going to do, the service she’s going to provide us easy
access at home on the computer.
MR. MC NULTY-Yes, and easy comparison if you, you know, if you look at your paper
package that’s been updated, and you want to see the earlier version of a map or
something, you can always go on the website to get that, without pawing through
everything.
MR. ABBATE-I agree.
MR. BRYANT-Can I make a comment?
MR. ABBATE-Sure you can.
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(Queensbury ZBA Meeting 01/24/07)
MR. BRYANT-The next step is laptops for all the Board members with Wifi and let’s
eliminate all this paper.
MR. ABBATE-Do you want me to work on that with the Town Board?
MR. BRYANT-Absolutely.
MRS. JENKIN-Even for alternates, please.
MR. BRYANT-Sure. Everybody should have a laptop, eliminate this paper, do
everything on a server.
MRS. HUNT-It would be cost effective.
MR. BRYANT-Exactly. Think of what they’re going to save just in the reproducing.
MR. ABBATE-Mrs. Executive Director, we have a proposal. There is an official request,
unanimous request, from all the members of the Board that in your budget in the coming
year that you provide sufficient funds so that each of us on this Board may have a laptop.
MR. BRYANT-He didn’t complete the request. The request is, what the next step is for
all these Boards to have laptops with wireless network and eliminate all this paper,
because in a lot of cases paper is all redundant, and you know, who the heck, I mean,
I’ve got seven years worth of storage of stuff that I can never find anyway and at least its
accessible right instantaneously.
MRS. JENKIN-One of the things, though, it’s good to have a full size survey map.
MR. BRYANT-No, actually, I’ll tell you for 25 years I was in the construction business
and when Dodge came out with Dodge plans, that revolutionized construction, to the
point where you had no need for all these blueprints. You could find anything. You
could mark the blueprint right on the screen, and that’s why I asked what the format is,
okay, because if you go, like the CMD they use a TIF format which has overlays that you
can use, can actually mark.
MRS. ALTER-I think it’s going to be the more generic thing we’re accustomed to.
MR. BRYANT-So I think the next step is let’s go paperless, or mostly paperless, and, you
know, the first couple of months you would save what these laptops cost, in all this
reproduction. You really would.
MRS. ALTER-I was stunned when I came here because the first thing I was given was a
pile of bills to go through, and I consider money very important, so I was going through
everything, and in just one month we spent almost $700 on postage.
MR. ABBATE-Wow.
MRS. ALTER-So, you know, you multiply that by a year, you each can have a laptop.
MR. BRYANT-And what do you spend on reproducing all these packages?
MRS. ALTER-And it’s Staff time which is ill-used because everybody on Staff is more
competent that an Xerox clerk. When my son was young I always used to make him do t
that. I have mentioned that the postage is deplorable. I mean, that’s so much postage,
and, you know, if people are computer literate, and I don’t think we want to preclude
anyone from being on Boards who doesn’t have a computer, it wouldn’t be fair, but, I
mean, certainly those who have computers could get everything by e-mail, and we would
only have to do maybe three or four packages, rather than whatever we do, 20.
MRS. BARDEN-Fifteen.
MR. ABBATE-Okay. So then, ladies and gentlemen, when I go tomorrow down to Town
Hall, I’ll talk to Darleen and say fantastic. We all agree. Okay. I’ll do it. Fantastic. This
hearing is closed.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
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(Queensbury ZBA Meeting 01/24/07)
Charles Abbate, Chairman
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