Loading...
1972-11-15 /3~ MINUTES of the public hearing of the Zoning Board of Appeals held on November 15, 1972, 7:34 p.m., Town of Oueensbury. There were present: John Fitzgerald Charles Hutton Charles Sicard George Kurosaka being the members of the Board, excepting Richard Sanderspree who was absent for this meeting. Mr. Kurosaka noted that in the minutes of the previous meeting the names of Mr. Keyes and Robert Marquardt were misspelled. With these corrections, after motion duly made by Mr. Kurosaka, seconded by Mr. Hutton, the minutes of the previous meeting were approved as corrected. In the matter of old business, no additional information was offered for the record. The Board, after an executive session, arrived at the following decisions: RESOLVED: Special permit No. 28 application by EUGENE O'LEARY for a travel trailer park on Route 149 is granted. THE BOARD FINDS: 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate provision for access facilities provided the driveway meets the approval of the New York State Department of Transportation as outlined in their letter dated 10/26/72. 4. That there are full adequate parking areas and off- street loading spaces, in conformity with the proposed parking requirements of the zoning ordinance of the Town of Queensbury and all other related ordinances. /..7(,. 5. That suitable planting or screening has been required as follows: Entire area be fenced with chain link fence of minimum height of 6' with plantings or screening such as will meet the approval of the Town of Queensbury Beautification Cormnittee. 6. That such use is of the same general character as, or will not be injurious tOI the surrounding neighborhood or district. Note: Cormnissioner Kurosaka disqualified from voting because of his interest in the application. RESOLVED: Special permit No, 32 application by Clifford B. Witham for a marina and real estate office is granted. THE BOARD FINDS: 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate provision for access facilities adequate for the 'estimated traffic provided necessary permits from the New York state Department of Trans- portation have been obtained. 4. That there are full adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirements of the zoning ordinance of the Town of Queensb¥ry and all other related ordinances. 5. That suitable planting or screening has been required as follows: Such planting or screening as may meet the requirements of the Town of Oueensbury Beautification Cormnittee. 6. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. 7. Such marina use is limited to existing dockage and existing building on the site. 8. This permission is for a period of one year only. Note: Cormnissioner Hutton abstained from voting. RESOLVED: Special permit No. 34 application by CHARLES H. MAINE for a boat storage for cormnerical purposes is granted. -- /37. THE BOARD FINDS: 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate' provision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 4. That there are full adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirments of the zoning ordiance of the Town of Queensbury and all other related ordinances. 5. That suitable planting or screening as been provided. 6. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. 7." Provided all boats be parked wi thin building. 8. No trailers left outside building, 9. No work performed on boats outside building. I Note: Commissioner Hutton abstained form voting. RESOLVED: Special permit No. 35 application by DUNHAMS BAY BOAT COMPANY for boat storage tõr commerical purposes is granted. THE BOARD FINDS: 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. 4. That there are full adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirements of the zoning ordinances of the Town Of Queensbury and all 13S. other related ordinaces. 5. That suitable planting or screening has been provided. 6. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. 7. Provided all boats be parked within building. 8. No trailers left outside building. 9. No work performed on boats outside building. Note. Commissioner Hutton abstained from voting. RESOLVED: Variance No. 262 by EVELYN BENACK for a dance school in a remodeled garage in a R-4 zone is granted for a one year period. In order for The Board to evaluate the parking, noise and other aspects of such use. The Board is of the opinion that this is a reasonable use of the property. Note. Commissioner Hutton abstained from voting. In the matter of new business, Mr. Fitzgerald established proof of publication for application no. 264 for a variance of Theron G. Eqley to make hand-made knives on the property situated at East Sunnyside Roaq Town of Queensbury. The lot is 342 feet by 400 feet located three tenths of a mile east from Bardins' store at Oneida Corners. The lot is located adjacent to East Sunnyside Road. There is a home on the lot and there is a barn which is not being used. There would be no external changes. There is full basement in the barn and Mr. Egley would like to put in insulation and paneling so that it would be warm in the winter. This would be done in an area 26 feet by 28 feet. c Mr. Egley appeared on his own behalf and told The Board that he had nothing more to add to the application for the record. Mr. Kurosaka asked if this is a home operation. Mr. Fitzgerald reported that town counsèl, Mr. Katz, had rendered 13'1. an opinion that it has to be in exactly the same house. It cannot be in a house attached to a barn or garage. When queried by Mr. 'Sicard, regarding a sign, Mr. Egley said it was his under- standing that if the variance was approved he could have a flat idedification sign. A The Town Planning Board approved subject to the qualifi- cations that it be mail order only with no retail sales and no employees. There were no other appearances. The Board RESOLVED: Application *264 by Theron Egley for manufacture of hand-made hunting knives is granted. The Board is of the opinion that such variance is in general harmoney with the general intent of the ordinance. Mr. Fitzgerald then established proof of publication for application for a variance # 265, HENRY SCHWAEBLE TO PLACE A GARAGE 17 FEET FRONT SETBACK IN LIEU OF THE REQUIRED 30 FEET ON THE PROPERTY SITUATED AT STAR ROUTE, RIDGE ROAD NORTH OF THE METHODIST CHURCH, TOWN OF QUEENSBURY. Mr. Boynton reported that Mrs. Schwaeble had been called to Germany because of the serious illness of her mother, and therefore, could not appear at this hearing. The Board studied the photo that was submitted. There were no other appearances for or against. Mr.Boynton re- ported that he had looked over the property carefully and that they have a beautiful home. The Town Planning Board approved with no comment. The Board: RESOLVED: Application # 265 by Henry Schwaeble for a two-car garage less than the required 30 foot set back is granted. The Board is of the opinion that such variance is the minimum request for the reason- able use of the land. Proof of publication was then established for application /1"". for variance # 266 FOR AN ENLARGEMENT OF AN NON-CONFORMING USE OF JOSEPH PODNORSZKI TO PLACE A STORAGE BUILDING 20 FEET BY 38FBET ON THE PROPERTY SITUATED AT THE FORMER DIDIO FLORIST PROPERTY, LUZERNE ROAD, TOWN OF QUEENS BURY . Mr. Podnorszki, who appeared on his own behalf, told the Board that he plans to construct a cement block building for the purpose of housing nursery equipment and a boiler room for the existing green house. When Mr. Kurosaka asked if he was going to take down the greenhouse and Mr. Sicard asked if he wanted to house his boiler and Mr. Hutton asked if he planned to make the building smaller, Mr. Podnorszki replied yes to all questions. There were no other appearances. The Town Planning Board approved with the comment that it was not over 5~~ expansion. The Board RESOLVED: Application #266 by Joseph Podnorszki for erection of 20 by 38 foot garage and boiler room is granted. The Board is of the opinion that such vari- ance is of the minimum request for the reasonable use of the land. Chairman Fitzgeral4 then established proof of publication for application for a special permit #36 OF GLENS FALLS, NEW YORK COMMERICAL PROPERTIES DEVELOPMENT CORPORATION FOR A LARGE SCALE COMMERICAL DEVELOPMENT ON THE PROPERTY SITUATED AT THE WEST SIDE OF UPPER GLEN STREET, TOWN OF QUEENSBURY. This would be at the junction of Upper Glen Street and Aviation Road. The plan is for the motel to be razed or removed and a shopping center and theatre complex installed thereon, together with all the necessary signs, paving, lighting, sewage arnd drainage. The buildings will be con- structed of masonry, and structual steel and will be /y..-: sprinklered and fireproofed. After Mr. Kurosaka raised the question, it was established that he had no conflict of interest regarding this application. Mr. Fitzgerald advised under the regulation of the statute a full transcript of this hearing must be on record for referral. Robert S. Stewart, attorney of the firm of Clark, Bartlett and Caffry, appeared on behalf of the applicant. A tape recording is on record and is available in the Town Building, Town of Queensbury. The Town Planning Board approved the request with no comment. The applicant is still awaiting the decision of the Warren County Planning Board. There were no other appearances for or against the application. The Board adjourned a decision to the December meeting in order to provide time for them to study the transcript of this hearing. Proof of publication was then established for application for variance #267, WOODBURY LUMBER COMPANY TO MOVE A NON- CONFORMING SIGN ON THE PROPERTY SITUATED AT LAFAYETTE STREET, TOWN OF QUEENSBURY. Mr. Kurosaka disqualified himself as having a direct interest in the application. Appearing on behalf of the application was Ralph B. Woodbury who explained the plot plan to the Board. He told them that they proposed to move the sign 100' back from the Quaker Road. Mr. Woodbury told the Board that they had to~n a d~/sawmill which was quite an "eyesore". He also said that since the sign was objectionable, that they wanted to '- move that back the 100' from Quaker Road. He said he had looked at the property that afternoon and determined no one /4/.;2. would be able to see the sign from Glen Street. When questioned "--- by Messrs. Sicard and Hutton, Mr. Woodbury said the Town Planning Board felt that the present sign was objectionable at its present location and that if moving it back, it would be no more objectionable than from Glen Street, then they approved. The Board: RESOLVED: Application #267, Woodbury Lumber Company for permission to move a non-conforming sign to a new position is granted. The Board is of the opinion that such variance is in general harmony with the restrictions established for the area. Note; Mr. Kurosaka abstained from voting. Chairman Fitzgerald then established proof of publication for application for variance #268, NORTH QUEENSBURY RESCUE SQUAD. INC.. TO PLACE A BUILDING LESS THAN THE REQUIRED FRONT AND SIDE SETBACKS ON THE PROPERTY SITUATED AT R.O.W. EAST SHORE DRIVE. 9L. TOWN OF QUEENSBURY. Appearing on behalf of the application were Mr. and Mrs. William D. Hall, members of the squad and also members of the building committee. Mr. Hall explained the area to the Board. When Clifford B. Witham and Harry Pulver(on behalf of Ernest Kirehbftj\appeared and expressed their primary concern as to the ingress and egress of the old R.O.W., Mr. Fitzgerald explained that the Board could make no decision as to the utilization of the R.O.W. He further stated that all the Board could do was approve or disapprove ~ the building on the lot. Mr. Kurosaka noted that due to the fact that the squad is applying for 16' of the R.O.W., I?" 3. fhis in itself is an acknowledgment of the fact that they are '-- aware of a R.O.W. Mr. Hall stated that they were perfectly aware of the ownership of the west side of the R.O.W. He said they are building a building on land arranged for with the fire company of which the rescue squad is a part. The footings are dug but have not been poured. It was his opinion that the rescue squad was not t~espassing in any direction. There were no other appearances. The Town Board approved with no comment. The Board: RESOLVED: Application for variance #268 by North Queensbury Rescue Squad for construction of a building less than the required front and side setback is granted. The Board is of the opinion that such variance will not be injurious to the surrounding neighborhood. Chairman Fitzgerald then established proof of publication to consider the application for Special Permit #37 by PHILIP C. MANN TO CONDUCT A BOAT STORAGE FOR FINANCIAL GAIN ON THE PROPERTY SITUATED AT HICKS ROAD, TOWN OF QUEENSBURY. Because of the requirement of the zoning ordinance, all special findings regarding this special permit have been taped and are on file at the Town Building. Mr. Mann who appeared on his own behalf told the Board that he had sub- mitted a request for a variance for the assembly of chairs. Mr. Mann further stated that he is not going to assemble chairs this year. When Mr. Sicard asked if he was going "- to store boats for a company, Mr. Mann replied, "No." He did say that he contemplated no repa~s on the premises but if a person wanted the adjust a propeller or something /.y''S( of that nature, he would have no objection. When Mr. Fitz- gerald asked how many boats would be stored, Mr. Mann replied, "5 boats in the garage (shed), 3 in the big barn." Mr. Kurosaka commented that the total could be not more than 10 boats. Mr. Hutton asked if they would be transporting their own boats and Mr. Main replied, "Yes." He said, "I have no way of transporting boats. It is up to the individual to get the boats to and from my storage." Appearing for the application was Mr. Bernard McGuire who said he had no objections to the storage. As a matter of record, there are no improvements contemplated and no signs. The Town Planning Board disapproved with the comment that"repairs would probably be made in barns. Feel we do not wish to establish a precedent for this use throughout the Town." The Board: RESOLVED: application for special use #37, Philip C. Mann for boat storage for commercial purposes is granted. The Board Finds: 1. The use is one specifically enumerated in the district. 2. Such use will not be prejudicial to the character of the area. 3. The Board determines that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and/or highways and that there are pedestrian walkways so as to insure public safety and to avoid traffic congestion. '-' I¥Õ, 4. That there are full adequate parking areas and off-street loading spaces, in conformity with the proposed parking requirements of the zoning ordinances of the Town of Queensbury and all other related ordinances. '---' 5. That suitable planting or screening has been provided. 6. That such use is of the same general character as, or will not be injurious to, the surrounding neighborhood or district. 7. Provided all boats be parked within the building. 8. No trailers left outside building. 9. No work performed on boats outside building. Proof of publication was then established for application for variance #269 DEBRA LEE TROMBLEY TO PLACE A MOBIL HOME LESS THAN THE REQUIRED FRONT AND REAR SETBACKS ON THE PROPERTY SITUATED AT RHODE ISLAND AVENUE, TOWN OF QUEENSBURY. Mr. Kurosaka noted that if the Trombleys had a permit to place a mobil home that the only reason to come before this Board was for the setback. Debra Trombley appeared and said, "I have a trailer permit. I am here for the setback." Mr. Kurosaka again commented that with a 50' trailer on a 100' lot, there could be no choice. Mr. Sicard asked if they were renting and Mrs. Trombley replied, "No. We are buying the lot." There were no other appearances. The Town Planning Board approved with no comments. The Board: "- RESOLVED: Application for variance #269, Debra Lee Trombley for placing a mobil home on a lot with less than required setbacks is granted. The Board is of the opinion that such variance is the minimum request for the reasonable use of the land. ~- ',,- /otf/b. Mr. Fitzgerald then read proof of publication for application for variance #270 JOSEPH A. HARADEN II, TO PLACE A STORAGE BUILDING 12' FROM FRONT PROPERTY LINE IN LIEU OF THE.REQUIRED 30' ON THE PROPERTY SITUATED AT PILOT KNOB ROAD, TOWN OF QUEENSBURY. Mr. Benware, the contractor, was to appear but did not and there were no othe~ appearances, thereføre~ there could be no questions. The Town Planning Board disapproved the request with the following comments: "We feel this could be relocated. No one appeared on this to establish hardship." The Board held over their decision until the December meeting. Chairman Fitzgerald read proof of publication for application for variance #271 LORETTA PAUL, TO CHANGE AN EXISTING GROCERY STORE TO A GIFT AND USED MERCHANDISE SHOP ON THE PROPERTY SITUATED AT THE CORNER OF LUZERNE ROAD AND HOLDEN AVENUE, TOWN OF QUEENSBURY. Appearing on her own behalf, Mrs. Paul told the Board that she had nothing further to add to the application. An opinion rendered by Town Counsel, Attorney Harold Katz, included the statement that, "if it was not more non- conforming, then there would be no need to make an application." Mr. Sicard asked about signs and Mrs. Paul said, "Only the wording would be changed." Mr. Liapes noted that it is a change in use. There were no other appearances. The Town Planning Board approved with the comment: "No more non-conforming than the existing non-conforming use." I I~? The Board: J RESOLVED: application #271 for variance by Loretta Paul for changing an existing grocery store to a gift and small used merchandise shop is granted. The Board is of the opinion that such vâriance is no more non- conforming than the previous use. In the final matter of new business, Chairman Fitzgerald established proof of publication for application for variance #272 GRAY COURT MOTEL TO PLACE AN ADDITION FOR 10' SIDE SETBACK REQUIREMENT IN LIEU OF 15' SIDE SETBACK ON PROPERTY SITUATED AT ROUTE 9, LAKE GEORGE ROAD, TOWN OF QUEENSBURY. Appearing for Alice Amoia was Thomas J. McDonough who told the Board that the distance between the nearest structure was approximately 100'. He told the Board that the next door neighbor had no objection to the variance. Additional questions by Messrs. Kurosaka. and Sicard clarified the application and there were no other questions. There were no other appearances. The Town Planning Board approved subject to the qualification that neighbors' approval to the south should be obtained. The Board: RESOLVED: Application for variance #272, Alice Amoia for extension of one motel unit 5' x 22' x 4' rear extension of south side of existing lower motel unit is granted. The Board is of the opinion that such variance will not be injurious to the neighborhood. There being no further busines to come before the r Board, on a motion duly made by Mr. Sicard, seconded by "-" Kurosaka, the meeting was adjourned at 11:20 p.m. ~d- /~ Secretary