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1981-05-20 77 MINUTES Queensbury Zoning Board of Appeals .,-.. May 20, 1981 Present: Kirkham Cornwell, Chairman Theodore Turner, Secretary Susan Goetz Daniel Griffin Charles Sicard Sjoerdje Richardson Stephen Lynn, Staff League of Women Voters Absent: R. Case Prime The minutes of the April l5, 1981 meeting "were approved on a motion by Charles Sicard, seconded by Theodore Turner. Motion carried unanimously. VARIANCE No. 704 - patrick and Betty S,/?adaro - Elm Rd. off Glen Lake Rd. To construct a garage without the requ~red setback from a town road. Mr. and Mrs. Spadaro present. This application was carried over from the previous meeting in order to determine if Elm Road is a town road. Mr. Spadaro maintains this is a private road. Mr. Cornwell stated he had spoken to Mr. Gealt, Highway Superintendent - Mr. Gealt said he would accept the road by deed but that it is a town road by use only. Mr. Cornwell said this is one of the roads that must be decided leg- ally by the Town Board. Mr. Sicard suggested that this variance be tabled and the Spadero's attend the next Town Board meeting and ask them to settle the question. Motion to table offered by Mr. Cornwell, seconded by Mr. Sicard. Motion carried unanimously. The Board tabled for lack of information pertaining to road which bisects the property. Town Board will have to act on this matter in reference to roadway. INTERPRETATION No.5 - James Shovah Variance No. 549 - Lawton, Montray and Sweet Roads Mr. James Shovah and Mr. Frank DeSantis, Esq. present. This interpre- tation is requested by Stephen Lynn, Building Inspector, after re- ceiving complaints concerning the operation of chainsaws on the prop- erty included on Variance No. 549. Before any notice of violation can be issued, the Town Attorney has suggested that the Zoning Board make the determination as to whether a violation does or does not exist. Mr. Cornwell stated that on April 19, 1978 the Zoning Board granted Variance No. 549 with two members abstaining, five members voting in favor to "grant this variance as property not conducive to residential development and the use will be restricted exclusively to farm supplies, garden equipment and repair, hardware and accessories trees, plants, shrubs and seeds." Mr. Cornwell personally felt that this would be a garden shop, similar to Quaker Farms and approved the var- iance on that basis. ~ ~ May 20, 1981 Page Two Mr. Cornwell stated that the first thing Mr. Shovah did not do was put up the 34' x 50' Northern Homes bui!ding specified in his re- quest but the complaint centers mainly on what he is selling and the noise factor. This Board is to determine if Mr. Shovah is selling what they permitted and Mr. Cornwell further stated that the Board did quite obviously intend to restrict the site very severely because of its sensitivity to a residential neighborhood. Mr. Shovah stated that he does sell garden equipment, he does not sell seeds, shrubs, etc. for financial reasons. Mr. Shovah does not advertise as a garden store. Mr. DeSantis stated that Mr. Shovah does not sell wood from that pro- perty. The wood on the property is used for heating the store, his home and his father's home. He sells wood stoves and offers a cord of wood with each stove sold. Mr. Griffin asked Mr. Shovah if his woodcutting was over for the rest of the year (with the exception of demonstrating a chain saw) and Mr. Shovah replied in the affirmative. Mr. Shovah stated that he plans to renegotiate with Agway and the only reason he is not an Agway dealer is that he doesn't have the money. Mr. and Mrs. George Kouba appeared as the complainants. They own residential property and want to protect their property from the in- cessant drone of chain saws during other than business hours. The Kouba's did not object to the original variance because the Board clearly indicated it would be a very restræcted use and that any further use would mean he would have to come back to the Board. Mr. Kouba maintained that Mr. Shovah received wood all fall, cut wood all winter, many evenings after he came home from his regular job. Mr. Cornwell recalled that Mr. Shovah had been questioned about noise before when they heard that he would be selling internal combustion engine vehicles and he believed that all the repairs would be done indoors and there would be a minimum of testing. Mr. Kouba also stated that he contacted Mr. Lynn because Mr. Shovah was putting up another building without a permit or variance. Building ceased when he was notified by Mr. Lynn. The Kouba's have no objection to what Mr. Shovah sells as long as it is a quiet business. Mr. Shovah stated that he did not have a splitter until March 28, 1981. Mr. Mike Blackmer, 35 Montray Road, lives 50' from Mr. Shovah's wood pile. He is not disturbed by Mr. Shovah's operation and does not believe he starts chain saws in the evening. Mr. Tim Stark, 12 Sweet Road - spoke about petitions which had to do with rezoning but not with the interpretation. Also stated that Mr. Kouba lived a quarter mile from Mr. Shovah's business. The Board feels that Mr. Shovah should have an opportunity to prove that he is selling those items that were enumerated in the variance before they can make a fair interpretation. On that basis a motion was made by Mr. Sicard, seconded by Mm .Goetz to table for further information. This will be on the agenda for June 17, 1981. Motion carried unanimously. FI JItA¥ 20, 1981 Page Three "v VARIANCE No. 707 - David and Colleen GoÖk - off Twin Channels Road on Hudson River VARIANCE No. 708- Robert and Joyce Eggleston - off Twin Channels Road on Hudson River These applications to be considered together. Mr. and Mrs. Cook and Mr. and Mrs. Eggleston present. Application for variances to place a dwelling on a lot that does not front on a public road on the property situated off Twin Channels Road. According to Mr. Cook, the private unknown road off Twin Channels Road is a town road by use, is maintained by the town and has been paved twice by the town. This was confirmed by Mr. Gealt, Highway Superin- tendent. The proposed residences are just off this road and have a deeded permanent easement. Mr. Cook stated that they (speaking for both parties) are not and never will be interested in town services, i.e. water, plowing, paving, etc. Mr. Cornwell stated that these pieces of property are unique and they are not the beginning of a subdivision. He further stated that the rule about town roads (re- ferring to memo from Town Board) is to discourage the helter-skelter sprawl of subdivisions without a plan and because of the unique situ- ation along the river there is very little chance for development beyond these two homes. Mr. Lynn stated that he had contacted the Trust Department of the Glens Falls National Bank and informed them that they had made an error in selling these lots from the J.C. Smith estate. He also informed them that any development after four properties would require a subdivision through the Planning Board. Mr. Brennan also advised the bank that they should not sell any more parcels without having a subdivision plan. The bank indicated to Mr. Lynn that they had no intention of selling more parcels at the present time. There was more discussion of the Town Board memo. Mr. Sicard felt it would be a good idea to meet with the Town Board and Mrs. Richardson would like clarification from the Board. Mr. Sicard felt in all fairness to the applicants, inasmuch as they had just re- ceived the memo, they can do nothing else but to approve these variances. Mr. Sicard made a motion to approve, seconded by Mr. Turner. All in favor with the exception of Mrs. Richardson who abstained. It was emphasized that all requests for variances on non-approved roads will not be granted. RESOLVED: The Board granted this variance in concurrence with Queensbury and Warren County Planning Boards and as it is a reasonable use of the land. '- 3d.. Page Four iW1y 20, 1981 VARIANCE No. 709 - Timothy and Linda Harrington - 27 Everts Ave corner Patton Drive For construction of a private pool on a side lot in lieu of rear lot. Mrs. Harrington present. These are two small lots that have been made into one. An unusual situation. Swimming pool to go on what was second lot. Motion by Mr. Cornwell, seconded by Mrs. Goetz to approve variance. Motion carried unanimously. RESOLVED: The Board granted this variance in concurrence with Queensbury and Warren County Planning Boards and because of the unique size of the lot. VARIANCE No. 710 - Stanislaw KOstek, Stan's Seafood Specialities - 284 Bay Road For expansion of existing commercial establishment in order to enlarge waitress work area, dining area and office. Mr. Kostek present. Mr. Cornwell questioned Mr. Kostek regarding the storage area and the boxes that were not being kept under cover. He also questioned him on the amount of wholesale business that Mr. Kostek does and the size of his location. Mrs. Eileen Collins of 10 Horicon Avenue (owner of property at 278 Bay Road) read a statement. She feels the premises of his establishment are disreputable. She also objects to service trucks using their pri- vate drive. They are lOO% opposed to this variance. Mr. Frank Collins stated it is compounding an already impossible situation. Feels that Mr. Kostek has violated previous variances by storing outside. There should be no outside storage excepting a dumpster. On a motion by Mr. Cornwell, seconded by Mr. Turner this application is tabled for 30 days until conditions of previous variances have been met completely. Motion was unanimous. VARIANCE No. 712- Guy Bevihs - south of Corinth Road To construct a dwelling that does not front on a town road. Mr. Bevins present. There were many questions about width of road and number of houses in this area. The Board felt they needed more input from Town Board in view of memo. The Town is discouraging the growth of unplanned mini subdivisions and the road is not wide enough. Noone appeared against this request. Mr. Bevins will return to next meeting. Motion by Mr. Sicard, seconded by Mr. Cornwell to table until June l7, 1981 meeting for further instructions on letter from Town Board. Motion carried unanimously. Mr. Griffin was not present for this vote. '-- f3 Page Five ~ 21) 1981 MA'I ' VARIANCE No. 713 - Levi and JacQuline Brown - 99 Lower Dix Avenue Multi-family dwelling. The purpose of the variance is to allow rental of rooms to single adults. Mr. and Mrs. Brown present. This is proposed for student housing. Mrs. Geotz questioned the parking situation. If every student had a car there would be ample room. There are 7 bedrooms, two of which would be large enough for two people. Mr. Scott Walling, Esq., representing the current owner Mrs. Parker confirmed the property has been on the market for over two years. No one has looked at it for either single family or commercial. Motion by Mr. Sicard, seconded by Mrs. Richardson to grant variance. Motion carried unani- mously. Mr. Griffin not present. RESOLVED: The Board granted this variance in concurrence with queensbury and Warren County Planning Boards. Variance granted for use applied for - rental of rooms for single adults. VARIANCE No. 714 - Samuel L. Peca dba Audio Genesis - south side of Quaker Road To construct an addition to retail store with 5 ft. side and rear set- backs in lieu of the required 20 ft. side setback and required 50 ft. setback with lot coverage of 46% in lieu of the permitted maximum 40% in a C-2 zone. Mr. Peca present. Mr. Cornwell asked if Mr. Peca had received a letter from Niagara Mohawk about the parking. Mr. Peca did not have anything final yet because the engineers were still looking it over but they thought (Niagara Mohawk) there would be no hitches and that it could be a very long term lease. Mr. Lebowitz present, owner of adjacent property. He asked questions and had no objection to variance. Motion by Mr. Sicard, seconded by Mr. Turner to approve variance. Motion carried unanimously. Mr. Griffin not present. RESOLVED: The Board granted variance for 5 ft. setback facing Niagara Mohawk right-of-way and 46% coverage of lot. Variance granted as reas- onable use of land and in concurrence with Warren County Planning Board. Variance contingent on Niagara Mohawk approval of right-of-way, access road and parking area. ~ ¡if May 20, 1981 Page Six VARIANCE No.71S- Zayre Department Store - Route 9 Miller Hill To replace existing non-conforming sign with a less non-conforming sign in C-3 Zone on the property situated at Route 9, Miller Hill. Mr. Owen Tiga present to represent Zayre's. Mr. Tiga explained that Zayre is in the process of changing their logo and implementing a new image program. The roof sign will come down in time to comply with new ordinance in 1986. This variance applies to existing free standing sign. Motion to approve by Mr. Sicard, seconded by Mr. Turner. Motion carried unanimously. Mr. Griffin not present. RESOLVED: The Board granted with the condition that sign meets 1986 sign ordinance requirement to conform. The meeting was adjourned on a motion by Mr. Sicard, seconded by Mr. Turner. Motion carried unanimously. ~ Kirkham Cornwell,