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1983-11-16 JSJ> Monthly meeting of the Queensbury Zoning Board of Appeals held Wednesday, November 16, 1983 at 7:30 P.M. Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard, Mrs. Richardson and Mr. Mills Meeting was called to order by the Chairman who asked for a motion for approval of the minutes of the October meeting. There were two (2) changes to be made on the October set of minutes, Variance 869 mentioned the name of Mr. Mack which should be corrected to Mr. Dean and Variance 871 the spelling of the name Kostek should be corrected. Motion by Mr. Sicard, seconded by Mrs. Goetz to approve the minutes of the October meeting subject to corrections. All members voted yes for approval. Chairman noted that under old business Variance No. 870 was withdrawn. Variance No. 849 - James DeNooyer represented by Attorney James Towne. Mr. Towne noted that Mr. DeNooyer's application was to place an addition to an existing garage on a lot that does not have a permitted principal building on it now. Mrs. Goetz mentioned that this is an addition to the present existing garage. Mr. Towne explained that this is a unique situation. Mr. DeNooyer's children erected this without his knowledge. It is to be used to store Mr. DeNooyer's own personal boats and the present garage as it was standing was not long enough for the boat. Chairman asked Mr. Towne if boat storeage was the principle use for this building. Mr. Towne said it was secondary. Mr. Turner asked if the other vehicles in the garage are being restored. Mr. T~~ said the family is working on restoring a car ¡.\lV1'\ ~ . Chairman opened the meeting to the public. Ethyl Anderson owner of Lake View home for adults complained about the traffic hazard with all the vehicles parked around this particular area. '''---- Koock Elan Jung mentioned that he had sold a small piece of property to Mr. DeNooyer. He understood that there was to be a one or two car garage erected which he had no objections to. With this building and all the vehicles around it has caused a traffic problem and much noise. He then asked if Mr. DeNooyer built the present garage with the permission of the Board. J~1 Page 2 Mrs. Goetz interjected here that this question should be answered. Chairman said that that isn't the problem before them tonight. Dr. Jung mentioned the drainage in the area. Howard Lockhart noted that there isn't much room there and also mentioned speeding. Frank Lockhart also concerned about traffic and drainage. Charles Adamson representing the Lake George Association. He asked why no building permit was issued before construction of the building. Chairman once again noted that this does not concern the board at this time. Mr. Adamson then asked how he could justify a hardship. Public hearing closed. Mrs. Richardson also questioned the hardship. Mr. Towne once again mentioned that the boat is too long for the garage as it existed prior to the addition. Mrs. Richardson interjected that she realizes that the board can't do anything about the initial building but she noted that she is having a problem now with granting a variance for an addition which she finds a very substantial addition. Chairman then noted that the change of the neighborhood character is substantial. Motion by Mrs. Richardson, seconded by Mrs. Goetz to deny Variance 849 based on the fact that no hardship has been proven and any further expansion would just increase the impact on the neighborhood. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Chairman, Mr. Sicard Mrs. Richardson, Mr. Mills No (Yes vote means to deny) Variance denied. VARIANCE NO. 872 - Northland Beverage Center - representative did not state his name. To place an addition with less than the required 20 ft. side and rear setbacks in Highway Commercial. The representative stated that additional storage area is needed necessitated by the N.Y.S. Bottle Bill. Mrs. Goetz asked if the addition will affect the trucks coming ). &d Page 3 in and out of Mi11brook. Representative said no. He mentioned that he owns most of the property between the two buildings now but the addition will not interfere. Public hearing opened, and then closed. The Queensbury Town Planning Board approved the request. Motion by Mr. Griffin, seconded by Mr. Sicard to approve Variance No. 872 as a practical difficulty has been shown. All voting affirmatively. Mrs. Richardson left the meeting at this point. Variance No. 873 - Janet and Charles Bolivar - Brown's Motel Represented by Mrs. Bolivar. Mrs. Bolivar said that she wanted to relocate motel units and that she has already taken one building to the front down which has already improved the traffic flow. She presented a few plans to the board. Public hearing opened. Tom Harris, owner of Sunset Motel and Mt. Royal complained about density. Public hearing closed. Queensbury Planning Board approved. Motion by Mr. Sicard, seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT the Zoning Board of Appeals approves Variance 873 as a practical difficulty has been shown by arrangement of the buildings giving better traffic flow. Approved. Variance No. 874 - David and Rosemary Richardson represented by Attorney Denise McLaughlin - Ms. McLaughlin explained the financial hardship at the present time on the Richardsons in that he have had to sell their home. They would like to put a mobile home on the lot. She mentioned that the Planning Board will approve pending this board's decision. ~- Mrs. Goetz mentioned that when he spoke to Mr. Richardson one point he said was that when the new zoning law went into effect it was his understanding that his property would be residential. J¿/ Page 4 Mr. Richardson said he spoke about this with Mr. Roberts. Mack Dean interjected that he too had a conversation with Mr. Roberts to the effect that he (Mr. Richardson) had his home there and apparently the Planning Board was not aware of this at the time they were establishing the zone lines. Meeting opened to the public. Thomas Atkins - No objections. Gladys Lapham - no objections P1ub1ic meeting closed. Planning board approved. Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Zoning Board approves Variance No. 874 based on the fact that hardship appears to be the oversite by the Planning Board in the developing of the new zoning ordinance and zoning line and it would not alter the initial character of the neighborhood. Approved. Variance No. 875 - James Gargiulo - represented by Stephen Lynn - Mr. Lynn mentioned that Mr. Gargiulo would like to remove the existing two story structure and replace it with a new dwelling. Chairman asked how wide the right of way was with Mr. Lynn answering 10 ft. Meeting opened to the public. Mr. Adamson, Lake George Association said that this would be an improvement to the area. Planning Board approved. Motion by Mr. Sicard, seconded by Mrs. Goetz, all voting affirmatively RESOLVED that the Zoning Board of Appeals hereaby approves Variance No. 875 as it is an improvement to the existing area and there is no negative impact. VARIANCE NO. 876 - James E. Bombard, Sr. represented himself. '--' ~&~ Page 5 Mr. Bombard stated that he wants to refurbish cars Mrs. Goetz asked where the garage would be located. Mr. Bombard answered that his plans were for it to be to the left of his own house. Mrs. Goetz asked if all the work would be done inside the garage itself and Mr. Bombard answered yes. Chairman asked if there would be salvage cars on the property and Mr. Bombard answered No. Chairman asked if the Planning Board suggested that he apply for a variance which would be only good for his lifetime. Mr. Bombard answered that essentially that is what they suggested. Mr. Sicard then asked Mr. Bombard if this would be agreeable to him and Mr. Bombard said yes. Meeting opened to the public. Floyd Martindale and Irving Martindale both had no objections. P1ub1ic meeting closed. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively RESOLVED the Queensbury Zoning Board of Appeals hereby approves Variance No. 876 based on the following: owner occupied; operation conducted within the building; no storage of un- registered vehicles and no employees. Approved. VARIANCE NO. 877 - Sager Spuck Supply Co., Inc. represented by Mr. Platt, Signs of Progress. Mr. Platt mentioned that they were asking for a sign half the size of what they could be asking for. Meeting opened to the public Town Planning Board recommended approval. No questions from Board members ~ Motion by Mr. Griffin, seconded by Mrs. Goetz, all voting affirmatively RESOLVED the Queensbury Zoning Board of Appeals approves Variance No. 877 for sign 4' from the side property line and 5' front set back. Approved. ~~3 Page 6 Variance No. 878 - John R. Pyle, Jr. - represented by John Rou1ier - Chairman noted here that in effect you are planning to build another building with a setback problem he~e. Mr. Rou1ier answered basically that was right. Chairman then asked if it would be only a garage or would there be living quarters involved here. Mr. Rou1ier said that there is no intention of making any kind of living quarters in the building nor would it be rented. Public hearing opened. Letter from Joan Robertson read into the record and will be in the permanent file. Public meeting closed. Planning Board recommended approval. Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 878 as the practical difficulty is the set back from the road and there is no adverse effect on the neighborhood and that there be no apartment in the garage. Approved. VARIANCE NO. 879 - Hans A. Hansen - represented by Attorney O'Hara - Mr. O'Hara stated that Mr. Hansen would like to have his repair and sale of household appliances in the proposed building. Mr. O'Hara added that there would be no attempt to have a retail outlet out of the building. He just wants to have a place to store the objects that he is working on and have an office. Chairman asked if there would be a sign involved. Mr. O'Hara answered no. Mrs. Goetz asked what was in the rear of his present building now. Mr.Hansen answered that customers appliances waiting to be repaired are in the yard now. Chair~an asked if Mr. Hansen had already purchased the property. Mr. O~Hara answered no, he has a contract to purchase. J.c,'f Page 7 '- Mr. O'Hara added that the property in question is to the West side of Seward Street just north off Sherman Avenue. Meeting opened to the public. Pat McGar, 5 Ripley Place - stated that there is an unsightly mess now, there is no hardship proven. Also mentioned that there were a lot of buildings elsewhere available to rent. Bruce Ennno, 10 Ames Place, opposed. Concerned that if Mr. Hansen gets this variance what is to stop others. Don Singleton in favor of request. Bruce Ludgren - Ames & Grant Ave. - opposed stated that this represents a fair size commercial establishment in a residential area. Public meeting closed. Planning Board disapproved. Mr. Hanssen next said that he wants to keep his operation small all he wants to do is service appliances. He needs a place to work. Mr. Turner asked if this was granted would everything outside now be stored inside the building, Mr. Hansen said yes. Chairman asked if he had any employees, Mr. Hansen said there is just himself. Motion by Mr. Mills, seconded by Mrs. Goetz, RESOLVED the Queensbury Zoning Board of Appeals hereby denies Variance No. 879 based on the fact that it does not meet the criteria of the use variance, it would be an adverse affect on the neighborhood character and no hardship has been established, the applicant does not own the property in question. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Chairman, Mr. Sicard Mr. Mills No. - None Absent - Mrs. Richardson (Yes vote to deny) Denied. '-... ~06 --- Page 8 VARIANCE NO. 880 - Cumberland Farms - No representative present Motion by Mr. Griffin, Seconded by Mr. Sicard, all voting affirmatively, RESOLVED that Variance No. 880 be tabled. Approved. VARIANCE NO. 882 - Douglas He1ffrich - Mr. He1ffrich represented himself. Mr. He1ffrich intends to put an addition to rear of garage for additional work space. Chairman asked Mr. He1ffrich if this was actually the second request for a variance and Mr. He1ffrich answered yes. Chairman then asked if traffic flow would remain the same and Mr. He1ffrich said that basically it would remain the same as with the previous building. P1ub1ic hearing opened and closed Planning Board recommended approval. Motion by Mr. Mills, seconded by Mr. Sicard all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 882 as it is a reasonable expansion of a non-conforming use with no change in public facilities and no adverse change in the neighborhood itself. Approved. Before closing the meeting it was suggested that future applications be prepared in a better manner. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively MEETING ADJOURNED ~~ OL~'N4 ~l ,~I gy