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1983-09-21 .2. i- 7 Regular monthly meeting of the Queensbury Zoning Board of Appeals was held Wednesday September 21, 1983 at 7:30 P.M. '-.- Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Chairman Cornwell, Mr. Sicard, Mrs. Richardson and Mr. Mills Absent: None The subject of the minutes was discussed with the board asking if they could have them sooner so that they would have a chance to review before the meeting. Motion by Mr. Sicard, seconded by Mr. Turner to approve the minutes of the meeting held August 17, 1983, all voting affirmatively. Approved. Interpretation No. 23 - Ship Shape Motion by Mr. Mills, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Queensbury Zonin~¡Board of Appeals does ~ feel that this is in the scope of HE15 because this operation is a personal service establishment. Chairman announced that Variance No. 853 has been withdrawn along with Variance No. 839. VARIANCE NO. 854 - Mr. Hans Winter Represented by Lance Ki11meier Mr. Ki11meier explained Mr. Winter would like;ctõ rêr,rl.atêsth-e:-.ex1sting structure. Mrs. Goetz asked what options had been considered. Mr. Ki11meier said that they had thought about attaching the garage but the problem of windows came up. Mr. Griffin asked if this was a one story type building with Mr. Ki11meier answering yes. Meeting opened to the public. Mr. Harry Pulver spoke expressing no apparent problems in the area. Motion by Mr. Griffin, seconded by Mr. Mills \"'- RESOLVED that Variance No. 854 be approved because the owners have shown practical difficulty because of the holding tanks with a stipulation that the garage be used for storage only and not for residential purposes. Yes - Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson, Mr. Mills No. - Mrs. Goetz d.. If ð" VARIANCE NO. 855 - Thomas and Irene Jones Represented by Attorney Michael O'Connor Mr. O'Connor explained the proposal. He explained that the original application was for expansion of the restaurant but that was amended later to motel office only. Mr. O'Connor had a letter from a Mr. & Mrs. Bovee, property owners of adjoining property, which he read to the Board. He explained that Mr. & Mrs. Jones would like to build a 22 x 24' structure to occupy only during the summer season and it is not intended for this new dwelling to be year round. Mr. O'Connor also stated that he has spoken to a Roger Smith another adjoining property owner and he said he had no problems with the proposal. He explained the drainage system in the area and that he would like not to have to change it. Chairman asked if this building would replace the present building. Mr. O'Connor said yes, the recreational vehicle will go. A letter was also received from Gerry Caruso stating that he could see no problems. Meeting open to the public. Mrs. Goetz questioned the possibility of a Tasti-freeze with Mr. O'Connor stating that it had been discussed but there were no plans for it now. Mrs. Richardson questioned the parking facilities and at this point Mr. Jones introduced himself and he explained the situation and that he could foresee no problems with future parking in the area. Motion by Mr. Turner, seconded by Mrs. Richardson, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 855 the hardship has been shown in that the drainage in the area justifies the need to place the building unit where planned and it will not alter the neighborhood character. Approved. VARIANCE NO. 856 - Se11ingham Represented by Attorney Michael O'Connor. ~ Mr. O'Connor explained that Mr. & Mrs. Se11ingham would like to use the upstairs area for living quarters. They feel that it would deter vandalism to the building if they lived there. At the present time Mrs. Se11ingham does the books and various other office jobs and would be continuing them. Chairman asked if the building was already built with Mr. O'Connor answering that it is in the process now. d.- '+1 Chairman then asked if there would be children in the building. Mr. Se11ingham said no. He then explained that on the west side of Big Bay Road on 1~ acres of the building is not visible from the northway. he has talked to both adjoining owners and that approval from Decan Construction. the building is land and that He mentioned that he has written Mr. O'Connor explained where the apartment would be located, that being to the front of the building. He explained that the Fire Marshall has looked over the building and could foresee no problems. Mrs. Goetz asked if what they were requesting was a request for owner occupied use for security reasons. Mr. Turner asked about ventilation. Mr. Se11ingham said this was all taken care of. Meeting opened to the public. Motion by Mrs. Goetz, seconded by Mr. Sicard for approval of Variance No. 856 to allow part of second story to be used for living quarters, owner occupied, it is unique in that it is the first new building in the area, there is no adverse affect on the area and no structural change in the building and that hardship has been shown. All voted yes. Approved. VARIANCE NO. 857 - James P. Troy Represented himself-Vacant lot with cellar. Chairman noted that Mr. Troy was trying to establish a hardship in that the property was zoned two months after it was purchased. He then asked if he knew it was going to be rezoned and Mr. Troy answered that he did not know of any change. Public hearing opened. The Town Planning Board recommended approval. Motion by Mrs. Richardson, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Queensbury Town Zoning Board of Appeals hereby approves Variance No. 857 based on the size of the plot and the fact that hardship established by the change in the ordinance. It would not have an adverse affect on the neighborhood. Approved. :2. 5ð VARIANCE NO. 858 - SYSCO Represented by Mr. Charles requesting sign variance. Chairman Cornwell stated that he would not chair this variance request as he is an investor in the corporation, Mr. Sicard would act as chairman. The representative explained the need for the sign which would be basically the same size as the former tenant of the building P & C had there. He then said that because of the proximity of the store to Route 9 it is important for them to have the sign for identification purposes. Mr. Mills asked how strongly he felt about the size of the sign requested. The representative said that they needed as much as they could have. Mr. Mills questioned the changeable copy portion of the sign. The question of precedent being set if granted was discussed. It was then mentioned that each request is considered on its own merit. Mr. Turner emphasized the fact that the identity of the store is a major problem. Motion by Mr. Turner, seconded by Mr. Griffin to approve Variance No. 858 for a 50 sq. ft. , no changeable copy sign on existing pylon in Highway commercial zone and sign will conform in 1986 because of the distance of the business from the highway and the second driveway is closed to the traffic in the winter. Yes - Mr. Griffin, Mr. Turner, Mr. Sicard, Mrs. Richardson and Mr. Mills No - Mrs. Goetz Abstain - Mr. Cornwell Approved. VARIANCE NO. 859 - James & Judy Sidusky Represented by Attorney Bernice McPhillips Application for use and area variance. Chairman questioned the parking. Ms. McPhillips explained the parking areas involved. Chairman next asked if anyone would be living in the house and Ms. McPhillips said it would be occupied only during business hours for sewing machine sales and service. Chairman added here that there would be no adverse affect on the neighborhood. Public hearing opened. Queensbury and Warren County Planning Boards approved request. Ji:/ Motion by Mr. Mills, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 859 to operate a sewing machine sales and service operation as the hardship has been shown in that it is a pre existing lot size and building location beyond control of the'app1icant and it will not alter the character of the neighborhood. Approved. VARIANCE NO. 860 - Dale Harris Mr. Harris represented himself stating that he would like to have a 2 car attached garage with 6 ft. side setback at his home at 9 Clark Street. Mrs. Goetz mentioned that she personally knew the house and asked if he had considered going out to the rear. Mr. Harris answered that he had but that it wasn't feasible for him to do it that way. He then mentioned the access problem in the winter. Public Hearing opened. Queensbury Town Planning Board recommended approval. Motion by Mr. Griffin seconded by RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 860 as it is a reasonable request and because of the shape of the ~there is a practical difficulty shown. ,",' ."" Yes. Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson and Mr. Mills No - Mrs. Goetz. Approved. VARIANCE NO. 861 - Charles R. Wood Represented by Attorney Robert Stewart Mr. Stewart explained the proposed addition to the motel (Howard Johnson) which would provide an attractive meeting room area at the rear of the existing facility. There were no questions from any members of the board. Chairman then added that all you (Mr. Stewart) need is the "blessing" of the board. Queensbury and Warren County Planning Boards both approved the request. '"".--- c1 5(2 Motion by Mrs. Goetz, seconded by Mr. Mills, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 861 a hardship has been established by the fact that it is pre-existing conforming, now non conforming. Approved. VARIANCE NO. 862 - Robert Whiteman Mr. & Mrs. Whiteman were present to represent themselves. Chairman mentioned that this pre exists the ordinance and he then opened the meeting to the public. Queensbury Town Planning Board recommended approval. Mr. Whiteman interjected that they would just like to enclose an existing porch along with an addition to living room and second story bedrooms. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 862 as a practical difficulty has been established, the location pre existed the change and the proposal won't alter the neighborhood character. Approved. VARIANCE NO. 863 - Loggers Equipment Sales, Inc. Represented by Robert Stewart, Esq. Mr. Stewart mentioned that a solid fence will be erected so that there will be no problems regarding view from the Brown's Motel. Chairman asked if the building would be squared off and Mr. Stewart said that it would. Mr. Buckingham, owner of Loggers Equipment, added that one building would be removed at the time of the expansion of present building. Mrs. Richardson asked how high the proposed fence would be with Mr. Buckingham saying it would be 8' high. Mr. George Munoz, Montray Road, said that he had no problems with the proposal. -.-. Mr. Stewart explained what has been agreed too and asked the Town erect no parking signs on the small Lawton Road. Mrs. Goetz asked if there was any problem with theft in the area with Mr. Buckingham answering not rea1y. JÇ)3 Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting '- affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 863 as it will benefit the area by cleaning up the rear of the building with recommendation that the agreement with motel owners be carried out. A recommendation to the Town Board that No Parking signs be erected on Lawton Road. Approved. 1 11 .. ,!.t-~, VARIANCE NO. 864 - G ens Fa s Tenn~s & Sw~m Club, Inc. ey',&r Represented by Attorney Robert Stewart D~ -~ PAI.,.,d"""," · Mr. Stewart explained that the present bui1dingAand they would erect a slightly larger one. The club has outgrown the present facilities ~ ~ l-":'M~ "'f...:- JJ.....1 ..If. The public hearing was opened Queensbury Town Planning Board approved the request, along with the Warren County Planning Board. No pertinent questions asked by Board. Motion by Mr. Sicard, seconded by Mr. Griffin, it was RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 864 as there is no adverse affect on the neighborhood and the use pre-exists the ordinance Yes - Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson and Mr. Mills No None Abstain - Mrs. Goetz because she is a Director and Treasurer of the Swim Club. Approved. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively RESOLVED that the meeting adjourn. ~ Illc",~';"" ,O/'''i/O ~~