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1982-07-21 /3¿ '~INUTES QueensDury ZonIng Board of Appeals Wednesday, July 21, 1982 - 7:30 p.m. PRESENT: Kirkham Cornwel I, ChaIrman Theodore Turner, Secretary Susan Goetz Da n I e I G r Iff In Charles SIcard SJoerdJe Richardson ABSENT: R. Case PrIme STAFF: Steve Lynn Dean Mack The minutes of the June 16, 1982, meeting were approved on a motIon made by C. SIcard, seconded by S. RIchardson. Motion was carrIed unanImously. NEW BUSINESS: The fIrst order for New BusIness Is ApplIcation for InterpretatIon No. 12. Mr. Robert Joy, of Robert Joy & Assoc., represented TV Data. AS Data ProcessIng wll I be the prIncIpal use In the new buIldIng, Mr. Joy asked for resolution of clarifIcatIon from the Board as how It would classIfy under the new zoning ordinance - lIght Industry or professIonal offIces ~nd whether It would be permitted without variance wIthin a Highway CommercIal (HC-15) Zone. Mr. Sicard made a motIon that the actIvities of TV Data should be Included In HC-15 Zone under professional offices, seconded by S. Goetz. Motion was carrIed unanimously. VARIANCE NO. 762 - TIm Chase (Frank Clemente) - Cleverdale - to construct a 20' x 24' garage on an existing foundatIon, whIch was prevIously burned down In the summer of 1979. The sIde setback to be 2' In I leu of requIred 5' and the front setback to be 12' In lieu of requIred 30'. Mrs. Robertson, a neIghbor, saId they had no objectIon and that It would be in keepIng wIth the other resIdences. A letter from Mr. Zlbro was read expressing hIs approval for the BuIldIng of the garage. Both Town and County "'Ianning Boards approve. Mr. GrIffIn made a motIon to approve varIance, seconded by C. SIcard on the stIpulation that no resIdence could ever be built In the garage. Motion was carried unanImously. VARIANCE NO. 765 - Clifford Cooper - 67 DIxon Road - to construct a two-car detached garage runn tog 24" de.ep eastandw-est, 32ft. north and south and 23' set6ack from the road. '- There were no neIghbors for or agaInst thIs varIance. /37 - 2 - Town Planning Board approved. - Mr. Sicard made a motIon to approve varIance wIth a 23' set5ack, getting a 7' varIance Instead of 18' varIance, seconded DY S. Richardson. MotIon was carrIed unanImously. VARIANCE NO. 766 - Fred H. Alexy - Cleverdale - for woodshed addition to an existing building with a 10' setback Instead of 20' setback. No objections 5y nelgh50rs to either side of Alexy's home. Both Town and County Planning Boards approve. S. Richardson made a motion to approve variance to erect a 16 x 12 addition for a woodshed to an existing building, seconded by C. Sicard. Motion was carried unanimously. VARIA~~~ Mn 7~7 - Edward P. Foy - Bolton Landing - to operate a restaurant in an existing building In an UR-5 Zone on the property situated at west side Bay Road across from Cronin Road, previously a vetinary hospital which has been vacant for over eighteen months. Mr. Foy Intends to rent the building from the owner, Dr.Lewls Morrison of Clifton Park, for a year or two with an option to buy. He intends to have a family type sit-down restaurant consisting of a light menu. Mr. Foy did not have dollars and cents to show at this time. Michael O'Connor, Attorney for Philip Hart of Harvest Restaurant, feels the area Is questIonaBle as a commercial zone, and that the applicant hasn't shown any proper proof as far as dollars and cents. The Planning Board approved this variance as they thought It should be a real good recylce of an existing 5ulldlng. At the request of Mr. Foy, this variance was postponed until the August 18th Zoning Board Meeting, at whIch time he wll I 5e accompanied by Dr. Morrison and legal counsel. The Board did advIse Mr. Foy to be a51e to show more proof for hardship at the next meeting. VARIANCE NO. 768 - NCC DivisIon of Mall Inckrodt, Inc. - Argyle - to use an existing Building on Quaker Road (former Diamond International building) for relocation of executive offices, research & distribution faci I ities, and eventually development la5. Mr. John Richards, Attorney, represented NCC. He stated that letters have been received from Northway Floors, First National Bank, Woodbury Lumber, Northern Homes, and Glens Fal Is Electric approving and encouraging approval of this variance. /3/ - 3 - Mr. Glardlnel 10, VIce PresIdent and General Manager of NCC, showed sketches of the proposed changes to the outside of the building. Mr. Glardlnello says there Is ample parkIng for their employees. The fIrm wil I start moving some of theIr offices this year and hope to be completely relocated with a year. II ~ . Abl\ \. Uk t+U< f "'r JLita(/ Both Town and County PI anning Boards approve. 2. u....I(L~þ:;. ~ / .~, ..n.,.:t ~~...tn1 ~(A..>;\.o . $'. Goetz made a motton*to approve variance, seconded E>y C. Sicard. V,c Motion was carrIed unanImously. VARIANCE NO. 769 - WII lIam & Pauline Gilman - to add a porch to retail store wIth less than requIred 50 ft. front setBack in HC-15 Zone on the property sItuated at CorInth Road west of Stephanie Lane. S. Richardson made a motion to approve this variance as it would have no adverse impact on the neIghborhood and the fact that it would be built on a pre-existing concrete slab, seconded E>y S. Goetz. MotIon was carried unanimously. VARIANCE NO. 770 - Flora and James Ingal Is - Cleverdale The party asked for a postponement of thIs varIance and it was granted by the Board. VARIANCE NO. 771 & 772 - United Cerebral Palsy Association of The Trl- CountIes, Inc. - To use the two I isted churches: West Mountain Community Church (Butler Pond Road) and Queensbury Church of Christ (121 Aviation Rd.> as classroom facil itles of pre-school and/or school-aged developmentally disabled children Cage range 3-7). Children will meet at the churches September thru June, 9:00 - 2:00 p.m. Monday thru Friday. Attorney Malcolm O'Hara represented Mrs. Cohen. He stated that the Assoc. has looked for other alternatIves But have been unsuccessful to date. He feels this is a case for hardship as the church could use the extra Income and at the same tIme it would provide classroom space for these children. Both Town and County PlannIng Boards approve. C. SIcard made a motton to approve this varIance for a trial period of two years, with the variance to become permanent if no adverse impact is demonstrated, seconded By D. GrIffin. Motion was carried unanimously. VARIANCE NO. 773 - Dr. Rudnick - 635 Upper Glen St. - to use part of their re~idence as a physicIan's office in a single famIly residential zo n e . Mrs. Rudnick showed sketches of parking spaces to be provided for patients. Mrs. Rudnick said that her husband's practice would be I imlted to four days per week. A number of Garrison Road residents appeared at the meeting. /3 c¡ - 4 - Mr. Gardlnello, 3 GarrIson Rd., objected to the Issuance of this varIance because of the parking and also thinkIng It would have a detrimental effect on residentIal property In the ImmedIate area. Judge J. HerlIhy objected to the varIance due to parkIng. He presented a document statIng the Hovey land (which this resIdence was a part of) cannot be used by commercial use but only as residentIal property. James Seal len, 16 Garrison Rd., also objected to the variance. Betsy Locke, 637 Glen St., was In favor of t~e varIance. She said It would not create any hardship for her and expressed her opinion that she would favor a doctor's offIce moving next door. William Rogers, 10 Windsor Dr., expressed his opinIon that parking would be a problem. He said It Is dIffIcult to get In and out of that street. T. Turner made a motion to deny the variance as proof of hardship could not be shown In zonIng use as zoned under the present ordinance, seconded by S. Richardson. Motion was carried unanImously. VARIANCE NO. 774 - VII Nellands - 45 Caroline St. - to piace a garage with a 5' sIde setback In I leu of the 10' required side setback. No neIghbors objected to this additIon. Town and County PlannIng Boards approve. D. GrIffIn made a motIon to approve varIance to tear down old garage and rebuIld new garage with 5' side setback, seconded by C. Sicard. MotIon was carrIed unanimously. VARIANCE NO. 775 - Vertex Medical Instrument Corp. - 17 Luzerne Road- to use and expand existing structures for lIght manufacturIng and marketing of medical products. Town and PlannIng Boards approve. Mr. Sicard made a motion to approve variance to Include only Phases I, 2 & 3 as shown on maps, seconded by T. Turner. The motion was carried unanimously. VARIANCE NO. 756 - Roger and Gerald Hewlett - to strtp topsoIl for the purpose of sale on the property sItuated at tffe nortñ sIde of Dr-x Avenue. Town and County Planning Boards approve. /'µ - 5 - C. Sicard made a motIon to approve thIs varIance with the stipulation that reseeding of stripped land De appl led within one month and accordIng to Warren County Extension Service., seconded DY D. Griffin. . Meeting adjourned by Chairman at II: 10 P.M. ~^- Kirkham Cornwell, ChaIrman