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1978-05-17 3~ Official Minutes of the QUEENSBURY ZONING BOARD OF APPEALS held '- May 17, 1978 at 7.)0 p. m . There were present. Kirkham Cornwell, Chairman George Kurosaka Charles Sicard Theodore Turner, Secretary Alfred Franco Being members of the Board. Absent. Sjoerdie Richardson Guest. George Liapes. A motion was made by Mr. Sicard to approve the minutes of the April 19, 1978 meeting with corrections. The motion was seconded by Mr. Franco. Carried. NEW BUSINESS. Special Permit # 72 - Michael Martin Luzerne Road R-2 Zone Mr. Martin appeared, together with his attorney, Michael O'Connor of Little & O'Connor, Esqs. Mr. O'Connor stated that the Martins had a '- hobby. raising registered, pure bred dogs--A1askan Ma1åmutes for a sled team. The ordinance lacks a definition for a hobby and they wanted to be sure and safe, thus bringing them to request a special permit. Attorney O'Connor pointed out that this was purely a personal hobby and would in no way become a commercial venture. A sketch of the first floor, showing the room and the runs for the kennel was presented, which sketch was not attached to the application. The lengths of the runs were examined, together with plans for a concrete basement floor which would be tilted for drainage and cleaned regularly. Mr. Martin stated that his intention would be to have five dogs; surplus puppies would be sold casually after keeping the stars for the sled team. Attorney O'Connor said that they had applied to the Adirondack Park Agency because they are in that particular area and the Agency said that the raising of dogs for personal use would not be for agency review. "- 31/ Page 2 Attorney O'Connor pointed out that the dogs are not barkers but some- "- times howl at high-pitched sounds. He also pointed out that the Martins treat their animals well and had not had a single complaint from anyone about the dogs where they a~e now living. Mr. Cornwell reminded Mr. Martin that the dogs must be confined to the property or be under the owner's control at all times in compliance with the leash law and that neighbors could find remedies for adverse effects. Mr. Franco asked Mr. Martin if he had any intention of boarding dogs. He did not. Mr. Franco asked if the Martins planned to train these sled teams. Mr. Martin said that the sled teams did not need a license because they were going to use the snowmobile trails at West Mountáin. Mr. Cornwell invited the public to be heard. Stephen Borgos. who owns the property 200 feet west of this pro- '- posed development. was concerned about the howling and barking and re- quested to see the plot plan. He had no objections. Steven Myhrberg was also concerned about the howling and barking and the location. Mr. Kurosaka told him that he would have the right to complain. Thomas Barrowman. who lives on top of West Mountain near the Martins, wanted to know why the special use permit was needed. Attorney O'Connor said it was because there are more than two dogs. Mr. Barrowman expressed concern over noise and the kennel expanding. Mr. Martin offered the fact that malamutes are expensive to Iteep--$25 for a 25-pomnd bag of food. Mr. Cornwell said that the kennels could not be expanded with- out making a new application. Secretary Theodore Turner read the recommendation for approval by the Zoning Review Planning Board of the Town of Queensbury. Mr. Sicard made a motion that Special Permit # 72 be approved '- 311- Page ) provided that the tôtàlanimal population, exclusive of litters, shall not exceed six and that it not be commercialized at any time. The motion was seconded by Mr. Franco and unanimously carried. RESOLVED. Special Permit # 72 was approved. (..' , NEW BUSINESS. Variance # 552 - Bohdan & Sofia Komarnycky West side Route 9 C-) Zone Mr. Bohdan Komarnycky appeared on this application, representing his business, Starline Manufacturing Company, of which he is president. He makes an application for the variance to build an additional building to the factory to increase facilities for protection. Mr. Komarnycky presented his plot plan to Chatrrnan Cornwell and pointed out where he intends to make a warehouse. Mr. Komarnycky said that the Beautifi- cation Committee thinks he would be doing a very good favor by doing '-- this and would make his property very nice. The new structure would be the same height as the present one. Secretary Turner read the letter from the Queensbury Beautification Committee, which recommended approval. No members from the public were heard. Secretary Turner read the recommendation for approval by the Warren County Planning Board. Mr. Sicard made a motion that Variance # 552 be approved subject to these conditions. That it matches the pre-existing variance and that it corresponds with the Warren County Planning Board. The motion was seconded by Mr. Turner and unanimously carried. RESOLVED. Variance # 552 was approved. ./ C/. LI Mv Ic.UML.S~ oC..i-Q~ ~,---, NEW BUSINESS. "- . Variance # 55) - Lasser Real Estate 64 Main Street R-4 Zone Agnes Rozelle appeared on this application requesting a permanent 3ß Page 4 variance for a bus terminal. The application is made for a use vari- ance. These premises would be economically unfeasåble to convert into a dwelling. Mr. Cornwell stated that this was actually an extension of a variance that was granted two years ago with a time limit on it. Ms. Rozelle stated that the last time they had said she was to put in pay phones, installed inside and outside and that they were to be present on the premises when the buses go in and out. Mr. Cornwell asked about a formal parking plan and Ms. Rozelle said they did that. Mr. Cornwell asked that if she were to get a permanent variance in this case, would they make further improvements. Ms. Rozelle said that they are all the time. Mr. Turner read the letter from the Board which previously granted this permit for a 24-month period due to hardship shown as to the commercial use of the building and its unusual character. The following requirements were stated. Parking plan, planting and landscaping plan, exterior free of taxis, pay phones be installed and the terminal be open for all arrivals as stipulated. Mr. Cornwell stated that the Board decided that for a two-year variance, it would not be fair to require that any major landscap~ng,be done. The report from the Queensbury Beautification Committee was read. That committee approved the request provided the applicant was agreeable to adequate screens or fences and shrubs four or five feet high be pro~ed for the trash area, the driveway be filled with crushed stone, a chemical material be used to keep the dust down, remove dead branches off the trees, plant flowers, not put in any nonconforming signs and ~hat"no artifical trees or shrubs be planted. Ms. Rozelle stated she was agree- ~ able to all that. The question of public access to the place was raised by Mr. Cornwell. Ms. Rozelle stated that the public was welcome except for one incident she had with Tri-County Cab threatening her life. '- 37'~ Page 5 The public was invited to be heard at this times Al Monroe, who lives directly across from the terminal at Four Second Street, was concerned about the adverse effect on the area. He brought with him a letter from an elderly Mrs. Cashion, also a neighbo~ and requested permission to read it. The letter, addressed to Mr. Turner, complained of damage to Mrs. Cashion's fence and damage to her doors and windows from the vibrations of the buses. Mr. Monroe had several concerns I dust, increased traffic making it difficult to enter the roadways, trash, wind, diesel fumes, used-car sales on the lot, and an overall lack of good faith in meeting the requirements set forth 24 months ago for the variance. Mr. Monroe said that the only thing done so far is that about three weeks ago, a load of crushed stone was dumped on the premises. Mr. Monroe was concerned about ',-- Mr. Kurosaka's attitude. He thought Mr. Kurosaka was biased in favor of the applicant. Frank Bly, 12 River Street, also stated that nothing has been done in the past two years. Mr. Bly brought with him and read a letter from the Queensbury Beautification Committee dated July 10, 1977 addressed to Ms. Rozelle. The letter said that the chairman had had occasion to visit the bus station himself and that the appearance leaves much to be desired. Also, that unless the specifications agreed to by Ms. Rozel~s son-in-law were complied with by July 25, it would be necessary to turn to his attorneys. The letter said, furthermore, that he (the chairman) was fed up with calls from neighbors and to avoid these things by sprucing up the property, pave the roadway and to recog- ~ nize the seriousness of the situation and act promptly. 3 ~ ,6'" Page 6 Mr. Kurosaka could find no cppy of that letter in the file and had one made. Mr. Bly also said that the buses idle far longer than the five minutes they are legally allowed to idle. He estimated that they idle for 15 -20 minutes. Mr. Bly also said that there were undesirable people in the area as a result of the bus terminal. Mr. B1y also said that used cars, one at a time, have been sold from the premises. Mr. Cornwell stated that that was a zoning violation since no permit was granted to sell used cars. Ms. Rozelle stated that the cars belonged to Jim Troy and that the incidents involved two different cars sold at two different times. Mr. Cornwell asked Ms. Rozelle whether the bus companies gave a budget for maintaining the grounds. No, they did not. Mr. Cornwell wondered that if she was required to have the lot paved. would the bus '-- companies help pay for it. Ms. Rozelle said that the Board Ras in- structed her not to pave due to a drainage problem. Mr. Bly stated that he did not wish to see calcium chloride used to keep dust down because it kills all vegetation and where it drained off, the vegetation would be ruined. Ms. Rozelle was questioned about the problem of trash. She said that they didn't have any trash--it was always picked up and it was probably trash which was thrown on the property between the hours of midnight and six in the morning. David Harvey of J Second Street registered his opposition to the bus terminal because Ms. Rozelle has not lived up to the agreement made with the Board two years ago, all parts, but specifically paving. Mr. Sicard said that the Planning Board said she did not have to pave '- it. Mr. Harvey stated his objections to the dust and noise. '- 31& Page 7 ~~ Myrtle Lilly of 68 Main Street, directly across from the terminal, on the corner of Main and Second, stated that she would like to see it landscaped because the wind blows trash onto her yard. Also, the dust is a very bad problem, so thick that sometimes she could not see the rear of the buses. Since it has rained, though, the dust has not been a problem. Also, stones fly out of the driveway and onto Second Street. Jim Troy of the Town of Queensbury stated that he spends a great deal of time at the bus terminal, he had a car or two on occasion to sell and did not realize he was beeaking any law and that he would not "-, sell any more vehicles from the bus station. He stated that the air- conditioning units on the buses kick up dust and stones and that he personally wets down the area to prevent dust from flying. Mrs. Lilliam Kendrick appeared in favor of Ms. Rozel~s application. She represents a big bus company in town and finds that business is always efficient and friendly at the bus station. Mrs. Kendrick feels a lot has been done to improve the terminal. Mr. Cornwell asked Ms. Rozelle what she could do immèdiately to alleviate the dust problem. Ms. Rozelle stated that she could not afford to pave it at a cost of $10,000 to $12,000. Suggestions were made and Ms. Rozelle said she could get started on it immediately; perhaps she could pave the stretch where the vehicle comes off and on the parking lot from the road. Susan Howard, part owner with her mother, appeared next. Ms. Howard stated that she tried to clean up the lot, removed the dead branches, and that they are trying to make a living there. Mr. Franco made a motion that a one-year variance be granted, conditional on immediate steps to be taken by Ms. Rozelle to conform with the requirements of the Beautification Committee's letter of May 8. 311 Page 8 The letter of May 8 was again read to Ms. Rozelle to insure comprehension. Mr. Franco's motion was seconded by Mr. Sicard. Vote was Franco, Cornwell, Sicard and !urner for the motion. Kurosaka against. Motion carried. RESOLVED, Variance # 553 approved for a conditional one-year extension. NEW BUSINESS. Variance # 554 - Tom Jacobs (Inside Edge Ski and Bike Shop) 624 Upper Glen Street Steve Dew appeared requesting approval of a variance for the C-2 Zone construction of a building for the protection of goods stored outside ~he building. Mr. Dew presented a plan showing the Board what they planned to do. There is to be no heating or plumbing. Mr. Sicard asked if the Board was to be concerned with a 15.625 ' setback from the prpperty line. Mr. Dew said they were, yes. Mr. Dew said the proposed plan would use no more space than they are presently using to store these bikes. c,but righ t now. they have to take them in and out each day. Some of the bikes which have been stolen are not the property of Inside Edge, they are bikes brought in by customers for repair. Mr. Dew stated that this addition would not only secure the bikes, but would improve the appearance of the entire building, and is to be covered with board and batten. No members from the public came forth to speak. Mr. Cornwell asked if this variance was substantial. Mr. Dew said it was not, and that only the roof would be permanent. Mr. Sicard made - ~ a motion that Variance # 554 be approved. The motion was seconded by Mr. Turner and unanimously carried. RESOLVED. Variance # 554 be approved. ~~r Page 9 NEW BUSINESS. Variance # 555 - Silas Greene Rhode Island and Conn. Avenues R-4 Zone Delwyn Mulder, Attorney from John Austin's office, represented Mr. Greene. Mr. Greene was also present. Attorney Mulder read the request for a variance which is attached to the application. Mr. Mulder then submitted a plot plan showing the proposed garage. Attorney Mulder stated that Mr. Greene is simply asking that he be permitted to construct a garage similar to the one he has already constructed on the premises. He is not asking to put in any sewage or water or heating. His present trucks are being parked on this property. Mr. Kurosaka stated that the garage would probably increase the ~ value of the neighborhood. A petition was presented, in favor of Mr. Greene's proposal, signed by many of his neighbors. Mr. Greene's original intention was to have a door out the back of the garage which would mean a driveway put between two peopl~s property. This would be run out to Connecticut Avenue. Mr. Franco stated that that meant running trucks thDough somebody's back yard at 5.00 in the morning. Mr. Greene stated that he could give up that back door. Mr. Cornwell invited the public to be heard. Foster Wadsworth, who lives within 25' of the proposed garage, had no objections because it didn't bother him at all. Art Smith, who lives within )00 feet of where the garage is, had no objections at all. Albert Palmer, who lives just right across the road from this garage, had no objections to the garage at all. '- Ralph Whiting opposed the application for a variance. Mr. Whiting 3i9 Page 10 '-- lives on Connecticut Avenue and owns the lots out to Ohio Avenue. The trucks wake Mr. Whiting up at ~.OO in the morning. Sometimes he gets home at 3.00 in the morning and just gets to sleep when he hears those trucks start up at 5.30. Mr. Whiting thinks approving this variance would make matters worse because the trucks would be closer to him. The trucks are really loud and would be running by his bedroom window. Mr. Cornwell thought that the enclo$ut~of the trucks in the garage would make the noise less audible. Things would be quieter and it should, in fact, be a little better. Francis Palmer, of Connecticut Avenue, was concerned about the mode of acquisition of the land in question. Mr. Palmer thought there was a little "dirty dealing" going on. Mr. Cornwell stated that it was not the Board's concern whether Mr. Greene traded the land for gold or stole it from an Indian. That was not the issue before the Board. '--- Secretary Turner read the recommendation for approval by the Town of Queensbury because the trucks are parked outside at the present time. The Beautification Committee was not concerned with this request. Mr. Sicard made a motion that Variance # 555 be permitted but that it be qualified that the trucks will be¡.parked in the garage at all times with access only to Rhode Island Avenue. The motion was seconded by Mr. Turner and unanimously carried. RESOLVED. Variance # 555 approved with quälifications that trucks be parked in garage at all times and that access only be to Rhoàe Island Avenue. Mr. Kurosaka disqualified himself at 9.55 p.m. A five-minute recess was announced by Chairman Cornwell. At 10.00 p.m., the meetings resumed. .",- NEW BUSINESS. Variance # 556 - Barry and Roberta Converse, North of Warren Lane R-J Zone 3s-0 Page 11 Attorney Macy Johnson, representing neighboring property owners, wanted to point out to the Board that because this application is similar to the previous application which was denied, the Board has no right to hear this application. Unless the application was sub- stantially different, it should not be heard. Attorney Michael O'Connor stated that the new application was substantially different and it should be heard. Attorney Howard Kaantz agreed with Attorney Johnson and voiced his opposition against hearing this request. Attorney O'Connor (Attorney for Mr. and Mrs. Converse) stated that the oral presentation has always been a large part of the appli- cation and that if he were allowed to give the oral presentation indicated on the application, he could show how the application is '- entirely different from the first application. Attorney O'Connor said that the new application is for 40 units instead of the, original: 56 units and where those other units would have been placed has now made a buffer zone, to be left forever ~l~àr. Mr. Franco made a motion not to hear the application because it was substantially similar. The motion failed. Attorney O'Connor asked Mrs. Roberta Converse to be sworn in. During "direct examination," it was brought out that Mr. Converse had a medical problem which precludes him from talking to us at this time. It was brought out that Mrs. Converse purchased the property in Decem- ber, 1972 by learning of the sale of property from a newspaper ad. The ad was read to the public and marked as applicant's exhibit # 1. Attorney O'Connor asked Mrs. Converse to identify a deed from Birch to Converse dated November 4, 1972, the first deed to the property. This was marked as applicant's exhibit # 2. The second deed to the property, obtained as a result of a lawsuit correcting errors in the description ~ 3S1 Page 12 was marked as applicant's exhibit # 3. A layout of the property was marked as applicant's exhibit # 4. A layout showing a larger subdivision of the property was offered as applicant's exhibit # 5. A map drawn by Mr. Kurosaka was marked as applicant's exhibit # 6, and an area map was marked applicant's exhibit # 7. Also brought out was Mrs. Converse's intention to now have a maximum of 40 mobile homes in the park and to create a buffer zone of 148 feet by not having mobile homes in a certain area. A set of rules prepared by the appli- cants for mobile home residents was marked as exhibit # 8. Mrs. Converse stated that she has made attempts to sell the property through Lake Luzerne Realty and Allgood Realty. Also, attempts through the newspaper in the form of "lots for sale," "possible subdivision" and later as "land," Two people came from Florida, a realtor and a developer, '- but they were not interested. Mrs. Converse explained that prior to buying this 15-acre parcel of land, she saw mobile homes all up and down the road--about 16 of them. A map of Luzerne Road, Birch Road and the surrounding property was marked as applicant's exhibit # 9. There are now 34 trailers in the area of Mrs. Converse's property. The only access to this land is to pass these trailers. Attorney O'Connor had no further questions of this witness. Mr. Cornwell determined that a difference of 26 percent had been shown. \....' Attorney Macy Johnß'On "cross-examined tt Mrs. Converse. It was brought out that Mrs. Converse was not aware of the zoning ordinances at the time she purchased her property. Attorney Johnson asked Mrs. Converse if she was represented by an attorney when she purchased the land. Mrs. Converse said that she had no attorney because the woman was in a big hurry, needed money, and everything was done right away. Attorney ~~n$Dn asked her if it would not have been a smart thing to check the :3.5 ).. Page 13 zoning ordinance. Mrs. Converse agreed that it would have been smart. Attorney Johnson stated that the purchaser takes what is deemed prior to existing law whether or not purchaser has actual knowledge. Mr. Johnson asked if any of Mrs. Converse's neighbors had asked to pur- chase the property. Mrs. Converse stated that Mrs. Madison wanted to buy a right of way. She would not sell. Mrs. Converse said she was not aware of any other offers made by neighbors to buy the land. Mrs. Converse described the present state of the property. partially cleared, stumps which have not been removed, tractors and trucks are on the property. It has the appearance of being under construction. There is broken, workable machinery and piles of dirt on the pr,operty. Attorney Howard Krantz "cross-examined" Mrs. Converse. He asked Mrs. Converse who Mr. Backus was. Mrs. Converse stated that he was ',,-- the second attorney they went to who got them the second deed. Mr. Kran tz said that Mrs. Converse was, then, represented by counsel in December of 1972 when she purchased the property. Mrs. Converse said that no they were not. The exhibit # 2 was produced, which Mrs. Con- verse stated to be the dated and recorded deed. She again said that she was not represented by counsel but did say that in December, 1972, she was represented by counsel. Attorney Krantz said the whole section of testimony should be thrown out and not be considered. Attorney O'Connor called Stan Juckett, of 369 Ridge Road, Glens Falls, as a witness. Mr. Juckett was SWGDn in. He is an appraiser and a broker. Mr. Juckett listed the Converse property. He was also the seller of Sherman Acres before it became Easy Living. Mr. Juckett '-/ stated that the land was not suitable for development of homes because of the other exit which makes it necessary to pass the trailers. 35Y Page 14 Mr. Juckett stated that he saw no other way that the land could get a reasonable return than to turn it into a mobile home park. It could not be used for one-family dwelling, farming, public schools, churches, a ski resort, campsites, sand or gravel pits, animal kennels, etc. Attorney Krantz questioned Mr. Juckett as to whether or not he was appearing voluntarily. He was. The property was listed with Mr. Juckett by oral agreement four years ago. It was not an exclusive listing. Mr. Juckett stated that no one would build there because of the trailers. Attorney Delwyn Mulder from John Austin's office also "cross-examined" Mr. Juckett. Mr. Mulder represented the Kaplans and stated that he opposes the application because they feel they can get a reasonable return on the land. Attorney Macy Johnson "cross-examined" Mr. Juckett. Attorney Johnson ',,--, asked what the value of the homes in the Sherman Acres - Easy Living area were. Mr. Juckett did not want to commit himself. The public was heard. Gary Wicks, Ronald st. Germaine, Bob Hebert, Dick Palmer, Paul Gray, Dolly Wicks, Anthony LaCascio, Jane LaCascio appeared against the application, citing that because the Converse's are in a predicament, there is no need to make the property owners suffer with them because of the zoning law that the Converse's did not know about. The law should not be changed to help the Converses, stated the property owners, when it meant that they would all be hurt by it. the value of their homes would drop if a trailer court were put in the neighbor- hood. Attorney O'Connor requested that the letter from the building inspector of the Town of Queensbury be read into the minutes, citing 3S-~ Page 15 Section 9.601 2b, recommending that the variance be granted. Attorney O'Connor stated that to deny the variance would deny the Converses of a reasonable Dsè "of their land. Mr. Darwood Carter was sworn in. It was pointed out that he did offer to buy the adjoining land to his from Mr. Converse. Mr. Converse was not interested. "--' Attorney Macy Johnson submitted a petition in opposition to the application as well as the application submitted previously on March 15. Attorney Johnson stated that the interests of the property owners are apparent, because even at this late hour, they are still here in great numbers, opposing the application. Attorney Johnson said that the hardship suffered by the Converses was a hardship entirely self-created and would be unfair to the property owners, who purchased their property, deeming acceptance of pre-existing zoning laws, if a variance was now granted for a mobile home park. Attorney Johnson also stated that Mr. Backus of his firm was involved in the purchase of this property and had numerous conferences with the applicant. Attorney Johnson stated that Mrs. Converse was, in :fa.c.t', represented by counsel at the time of purchase. Mr. Turner stated that if you are represented by counsel, you should be sure your counsel tells you every- thing that is going on. Mr. Franco made a motion that Variance' 556 be denied, based on not having met the requirements of a use variance. 1. They have not demonstrated impossibility of a reasonable return in that they have0snown ~ no dollar and cents proof, 2. They have not demonstrated unique cir- cumstances in that they have not shown that their situation is unique when compared to other property owners in that area, and J. This variance · ,- ?S5 Page 16 would change the essential character of the locality. Mr. Francois motion was seconded by Mr. Sicard. Unanimously carried. RESOLVED. Variance # 556 denied. ktV~(t.r~ O~I Meeting adjourned at 1.20 a.m. Respectfully submitted, DARLENE VAN SICKLE Stenographer 4~lh~~ a. 7, r,tr '-