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1982-09-15 1% MINUTES Queensbury Zoning Board of Appeals ~ Wednesday, September 15, 1982 7:30 P.M. Present: Kirkham Cornwell, Chairman Charles Sicard, Acting Secretary Susan Goetz Daniel Griffin R. Case Prime Absent: Theodore Turner Sjoerdje Richardson The September meeting of the Queensbury Zoning Board of Appeals was called to order by Chairman Kirkham Cornwell. The minutes of the August 18, 1982 meeting were approved unanimously on a motion by Mrs. Goetz, seconded by Hr. Sicard. VARIANCE NO. 778 - The Wood Carte (Kelly Carte) Northway Plaza, Route 9 Kelly Carte was represented by his brother, Lindsey Carte. Mr. Carte explained that the operation would be mostly retail. Most of the materials will be in kit form and assembled. Approximately 75% of the operation would be retail and 25% manufacturing or assembling. There will be a table saw and the usual tools used in a home workshop and they will sell both unfinished and the finished materials. The Chairman asked Mr. Carte where the deliveries would be made and would there be raw lumber on the site. He also asked as to who w rold be doing the assembling. Mr. Carte answered that there would be approximately 4 - 500 board feet at the most on the site but would all be on the inside. The building has fire walls and there will be no noise to speak of. The door to the rear of the building would be used to bring in the raw material and that he himself would be doing most of the assembling with his wife and brother working out front selling the merchandise. There was no one present either for or in opposition of the applicant. Queensbury Planning Board recommended approval based on the following: No problem with noise Workshop separate from building 75% retail 25% manufacturing Retail nature of store front will be maintained. Warren County Planning Board also approved the application. ^ /tt1 Page Two September 15, 1982 Motion to approve Variance No. 778 moved by Mr. Sicard, seconded by Mr. Griffin, all members voting affirmatively. RESOLVED: The Queensbury Zoning Board of Appeals hereby does concur with the decisions from both the Town Planning Board and the Warren County Planning Board and approves Variance No. 778. This also meets the necessary requirements of the Town. Approved. VARIANCE NO. 779 - Dental Health Center - WITHDRAWN VARIANCE NO. 780 - Arnold M. Alkes 108 Main Street, corner Ryan Ave. Application for Area Variance - Application was in two (2) parts. He needs an area variance for an addition to the rear of the present building and also wants to put a canopy across the front of the building 7~' and a aign on pre existing sign slab. The Chairman noted at this time that this was the second time Mr. Alkes has come before the Board for approval of an expansion to his building. Mr. Alkes explained what had been done previously and why he needs this new addition. The reason being that his actual needs in the business have changed. He would like to buildkup more of a retail business than he has at this time. He has no present facilities to keep stock. Squaring off the building would make adequate space for his finished products. At this time his materials are being stored in his garage at home. He also explained the need for the sign. It was stated by Mr. Alkes that he wanted a larger sign on the present slab. If that isn't possible he would like to hang it on the building facing out, just something to draw a little more attention to his store. Mr. Griffin next questioned Mr. Alkes on why he needed the 7~' canopy. Mr. Alkes mentioned mainly a drainage ~roblem in front of his en- trance and he felt also that it wouldn t interfere with his parting faci~ities. Much discussion next revolved around the size of the proposed aanopy and exactly how much parking would be taken away and also the hazard of bakking onto a highway. Chairman noted that one of the responsibilities of the Zoning Board is considering whether public facilities are being affected by any changesmjghtmight be making. The setback here is very important. Thirty-eight foot (38') set back here is not much but when you consider giving up 7~ of it it creates a problem at this particular /Lf3 Page Three September 15, 1982 location. He then opened the meeting to the public. There not being anyone there either for or against this application, the public meeting was closed. Acting Secretary Sicard read the Town and County Planning Boards recomrnendation.anBoth Boards approved the squaring off of the building and the 7~' canopy but disapproved the sign request. Motion to approve the various requests of Variance No. 780 was moved by Mr. Griffin, seconded by Mrs. Gaetz as follows: A. The expansion of current building B. All voting affirmatively. ~\? ( s:t ONltÛ ~ A~gue~nlfof åi~~øGuesgn by disapproved. All voting affirmatively. C. Request for 7~' canopy on the front of the building be disapproved. There has been no practical difficulty shown. fL Yes votes - Mrs. Goetz and Mr. Cornwell No votes - Mr.'Griffin, Mr. Sicard, Mr. Prime At: ;1 Pf1 I ¿oJ fcrr RESOLVED: The Queensbur~~~oning Board of Appeals hereby grants an area variance-for an addition to the rear of the present building and a 7~' canopy on the front of the building. The Board hereayydenies request for a free standing sign. Approved. VARIANCE NO. 781 - Lorraine Ruffing Bay Parkway, Assembly ~oint Mr. John Matthews represented Mrs. Ruffing. She would like to replace existing seasonal dwelling with new year-round home with less than the required 75' setback from the Lake.inThis is an area variance request. Mr. Matthews explained the problems with the existing structure. Chairman read description of dwelling and its placement on the lot. Meeting opened to the public - no one present for or against re- quest. Acting Secretary read that both Planning Boards approved and also the Adirondack Park Agency approved the plan. Motion to approve Variance 781 moved by Mrs. Goetz, seconded by Mr. Prime, all voting affirmatively. RESOLVED: The Queensbury Zoning Board of Appeals hereby J~1 approves Variance No. 781 as the practical difficulty has been established and there will be no adverse effect an the neighborhood. Approved. VARIANCE NO. 782 - Placid Foreign Auto, Inc. dba Aviation Imports Aviation Road Use Variance To operate automobile sales agency in conjunction with existing automobile repair service. Mr. Martin Morrell represented Aviation Imports. Chairman asked if the area in question would also become a used car or new car lot. Mr. Morrell explained their deal at the present time with a Volkswagan dealership which would allow them so many cars at a time for display and possible sale. Eventually maybe they would have a larger line of credit which would mean a few more cars. This is not in the near future. There was some discussion about security lights and it was determined that string lights are not being used at this time. They do havw a few spot lights for security purposes at night. The question of where parking would be established for the vehicles was discussed. Mr. Morrell showed the area on a map where parking would be for approximately 12 cars in addition to customer parking of vehicles. Also the question of wrecked vehicles and junk cars was discussed and it was noted that no cars woulddbe stored on the lot that are classed as junk vehicles. Mr. Prime asked how long the operation has been in the building and if their basic line of business was repair work. Mr. Morrell answered that it was their intent from the beginning and as a part of their SBA applications to sell used vehicles. It was their understanding that Rent-A-Wreck had done this in the past and they Eelt they could also sell cars. He mentioned they were not aware that they did not have permission for this type of operation. They hope to sell two vehicles the first month, 2 or 3 the second and then average off at perhaps 4 sales a month to supplement their repair business. He said they had an 'out' in their lease so that if they could not obtain the required permits to conduct this type of business they would be releaved and leave the premises. Signs were also discussed with Mr. Morrell saying the signs will be as they are now. Chairman opened the meeting to the public. Gary Brown, 4 Old Aviation Road and Dorothy Hall also of Aviation Road spoke in opposition but it was determined that their particular ¡btJ Page Five September 15, 1982 problem was not against the applicant before the Board at this meeting but rather with the owner of the Plaza itself. They were advised to contact the building department and makè formal complaints. Mr. David Macker, General Manager of the Aviation Mall was concerned about the aesthetic view and that the property would" be maintained as the Mall is maintained. Mr. Lanfear, owner of property immediately west, also voiced his opinions why he was not in favor of the variance. Mr. Morrell interjected here that for as long as they are located in the building they will endeavor to be good neighbors. They had intended to leave security lights on all night long facing down onto the building, but if there is a problem with that, they would be willing to make adjustments. The hours presently are 8 A.M. to 6 P.M. and will not change in the immediate future. They have oonsidered, depending on how sales go, of extending the evening hours until 8 P.M. They do not plan on being open on Sunday. The Secretary read the recommendation of the Queensbury Planning Board which approved the variance. Warren County Planning Board also approved the request. Motion to approve Variance 782 was moved by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively. RESOLVED: The Queensbury Zoning Board of Appeals hereby appro~prVaEiatißriance No. 782.in concurrence with the Queensbury Planning Board and the Warren County Planning Board and that átlmeets all necessary requirements. approved. VARIANCE NO. 783 - Mr. & Mrs. Richard Staffield Rockhurst Road To place an addition to existing dwelling with setbacks that do not meet Town requirements. Mr. & Mrs. Staffield were present and were represented by John Mason. Concern of the board was for the present congestion in the immediate area, camps all built on small lots. Mr. Mason was asked what size addition was being planned and Mr. Mason said he had no formal plans as yet but wanted to hear what the members of this board had to say about any request at all. He said that with the current rules in therŒown no addition could be placed anywhere on this lot without a variance granted by this Board. All the Staffield's want to do is get a little more living space. Mr. Prime noted here that the Staffield's have to give them something to work with in order for the Board to make a judgment for or against. /0 Page Six September 15, 1982 The obligation of the board is not to render an oplnlon on what they should have, the obligation is to pass on the rightfulness of any requested variance. Mr. Mason added that both the Queensbury and ~ownty Planning Board agreed that a 12 ft. addition could be added to this dwelling. The Staffields will accept anything you would allow but they can't do anything at all without a variance from this Board. Chairman noted that a hardship had to be prvven which possibly could be the size of the lots in the area. Alternatives such as building up on the building were discussed and moving the deck but the appEaaance from the lake would be changed. Mr. Mason next gave several letters to the Board from neighbors in the area. None of the neighbors they reached personally had any objections to this addition. Mr. Sicard interjected that there was also a letter from the APA. At this point he read the recommendations of both planning boards. Mrs. Goetz asked Mr. Mason if he was asking for what the Planning Board had recommended. Mr. Mason said the Staffield's would take anything they could then he could begin to do his design work. The 12' mentioned by the Planning board would be more than what they have now. The meeting was next opened to the public, no one was present in opposition of the request. Motion by Mr. Griffin, seconded by Mrs. Goetz to approve the area variance No. 783 with the following revisions: RESOLVED: Variance No. 783 is hereby approved with the following revisions: 12' addition to North side of building; said 12' addition to be in line with front of existing dwelling nothing to be built over existing concrete patio on front of dwelling. The Zoning Board feels this is a reasonable size addition and reasonable distance from property lines. Yes votes - Goetz, Griffin, Sicard and Prime No votes - Cornwell Approved. VARIANCE NO. 784 - Albert Simidian and Grace Koshgarian - WITHDRAWN IS;< Page Seven September 15, 1982 VARIANCE NO. 785 - Donald W. Rozell, Jr. Mason Road Cleverdale, NY Mr. Rozell was present but was represented by Attorney Paul Pontiff. Mr. Pontiff said Mr. Rozell was applying for an area variance to relocate a small building from its present site on the lot to the center of the lot with 50 ft. setback from Lake George in lieu of the required 75 ft. He also mentioned that Mr. Rozell would only be using this as a fishing and hunting camp. Chairman Cornwell asked if Mr. Rozell was planning to put plumbing etc. into the building and then selling it as a separate entity. Mr. Pontiff answered that it was not proposed at this point. He wants to use it on a temporary basis for himself. If he were to place the cabin elsewhere on the lot to comply with setback re- quirements, it would result in destroying a clump of trees. The major concern of the board members was possible future plans to build a larger building. At that time though he would then again have to come before the Board. Also some concern revolved abound the language on application. Applications reads single family residential dwelling. It was suggested that it be changed to hunting and fishing cabin. Mr. Pontiff agreed to the change in language. Chairman opened the meeting to the public. Martha Mayer, Cleverdale, NY appeared against application. She was concerned about the size of the building and feared that something of a larger size would be built later on a very small piece of property. Chairman noted that the only thing before the board tonight was moving the present house and not cutting down any more trees than necessary. The practical difficulty would be having to cut the trees down. Mr. Sicard mentioned that the Town Planning Board and County Planning Board both approved the application. At this point the petition was amended to read 300 ft. cabin moved to a new site a total of 50 ft. from the lake. 1~3 Page Eight September 15, 1982 Motion to Approve Variance No. 78& was moved by Mr. Sicard, keconded by Mr. Griffin, all voting affirmatively. RESOLVED: Variance No. 785 hereby approved for relocation of 300 sq.ft. cabin to new location with 50 ft. setback from Lake George with trees being the practical difficulty. approved. VARIANCE NO. 786 - Boulevard Auto Sales 1 Boulevard Use Variance Boulevard Auto Sales represented by Mr. Thomas Marzo1a, Real Estate agent at time of sale. Mr. Marzo1a stated that the owners did not know they needed permission to sell vehicles. He mentioned the only restriction on that property when it was purchased was that they could not sell gas. He mentioned that because of the area there isn't much that could be done with this building. Mr. Sicard mentioned that the Planning Board recommended approval. Motion to approve Variance No. 786 moved by Mr. Prime, seconded by Mr. Sicard, all voting affirmatively. RESOLVED: Variance No. 786 be approved as the lot cannot be used for Heavy Industry and this use is the most reasonable use for property and the lot cannot be used for resale of heavy equipment. approved. There being no further business to come before the board at this time, Mr. Prime moved to adjourn with a second by Mr. Sœcard all voting affirmatively, the meeting adjourned at 11:04 P.M. ,