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1983-12-21 ~06 Regular meeting of the Zoning Board of Appeals for the Town of Queensbury conducted December 21, 1983 at 7:30 P.M. Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mr. Sicard and Mr. Mills Absent: Mrs. Richardson Because the members had not had time to review the minutes of the meeting held November 16, 1983 approving of them was tabled until the next meeting. Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED that the approval of the minutes for November is hereby tabled one month. Approved. VARIANCE NO. 880 - Cumberland Farms - Sign Variance There was no one present representing the firm. Chairman made a note that the regular signs were not posted on the gas pumps. He then said that if this should be granted the sign should be a way from the store itself. He further re- commended that if this were to be granted, that they be given no more than the other stations in the area. Meeting opened to the public and closed. The Queensbury Planning poard recommended disapproval of this sign. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively RESOLVED that Variance 880 by approved with price sign to be 12 sq. ft. in order to be consistent with other signs along the road and placed on the east side of the structure. Approved. VARIANCE NO. 883 - Helen and Paul Hogan Mr. Hogan represented himself. Mr. Hogan explained that they would like to construct a single family dwelling but that the problem is that he can't purchase any more property from the Ricketts family. Mr. Ricketts was present and stated that he tried to purchase more land from his sister but that she will not sell as it in- volves right of way. Chairman noted that if it is a pre-existing lot and large enought for septic etc. he could build without a variance. Mr. Hotan said that Mr. Dean had recommended purchasing more land because it was tight as it stands. Meeting opened to the public. J&1 Page 2 Blanche LaRock said that she lived across from the property and she was concerned about where the house would be placed and that it contaminate her well. Public hearing closed. Town Planning Board recommended approval. Mr. Mills feelings were that this is an extremely small lot in the 3 acre zone and that possibly a precedent would be set here by giving the variance. Mr. Sicard asked if the foundation was existing now. Mr. Ricketts said no that there was no foundation in but there were footings. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively RESOLVED that the Zoning Board of Appeals approve Variance 883 as it is a pre-existing nonconforming lot of record. Approved. VARIANCE No. 884 - Beatrice Kantrowitz - represented by Mr. Kantrowitz. Mr. Kantrowitz stated that a single family dwelling is being planned for the lot. Chairman asked if there is sewer service in the area and Mr. Kantrowitz answered no, there is none in the area. Public hearing opened and closed. Planning board recommended approval. Motion by Mr. Griffin, seconded by Mrs. Goetz, all voting affirmatively, RESOLVED that the Zoning Board of Appeals approves Variance 884 as it is a reasonable request with the 25' setback on Seward Street and 30' on Grant Avenue. Approved. VARIANCE NO. 885 - Roger G. Hewlett - represented himself. Mr. Hewlett said that they would like this to be on the 3 acres in he front of where there buildings are now. Chairman asked if this would be under the same ownership, and Mr. Hewlett said yes. Chairman then asked if it would be the same type of building, and Mr. Hewlett said no, it would be a warehouse type of building. Mr. Griffin asked if it would be where the footings were being poured now and Mr. Hewlett said yes. J~t Page 3 Chairman then asked if it would be in the fenced in area and Mr. Hewlett said it would be in the area to the front. Public hearing opened and closed. Planning Board recommended approval. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively RESOLVED that the Zoning Board of Appeals approves Variance 885 as the unnecessary hardship has been established and it would not alter the character of the neighborhood. Noted also that the footings were made before approval and that it should not be taken for granted that things would be approved. This is an extension of a nonconforming use. Approved. VARIANCE NO. 886 - John Mason,Agent for Walter Arnstein Mr. Mason said that the proposed building adjoins the existing garage. He then said that the two adjoinimg neighbors had no objection and turned two letters over to the chairman for the file. Mr. Mason explained that there would be no more rest rooms, no more laundry facilities than there already is and that the distance the buildings are from the lake would not change. Both Warren County and Queensbury Planning Boards recommended approval. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, RESOLVED that the Zoning Board of Appeals approves Variance 886 on the basis that it does not affect the character of the neighborhood and that practical difficulty has been shown. Approved. VARIANCE NO. 887 Marilyn M. Fitzgerald, represented by Mr. Fitzgerald. Chairman first asked Mr. Fitzgerald if he had thought about motel units as that would be permitted in the area. Mr. Fitzgerald said said that the land rises from the road, if it were excavated so that it could be developed, we could possibly get 20 - 23 residential lots out of it. Mr. Fitzgerald then ex- plained the reclamation law. Chairman asked if the zone lines went through this property and Mr. Fitzgerald answered yes. Chairman then asked if there was access to Route 149 and Mr. Fitzgerald said he has an option on property that will give it to him. Mr. Fitzgerald spoke about the !ncon permit which is renewable every three years and he has strict plans that have to be followed. «07 Page 4 Mr. Griffin questioned the time frame, how many years on the mining operation, etc. Mr. Fitzgerald said that he has requests from contractors that would approximate 100 thousand yards a year. This would probably then go through the first permit period of 3 years and long into the second. Mr. Turner asked if there would be any rock crushing and Mr. Fitzgerald answered no. Mrs. Goetz asked if this type of operation is going on adjacent to the Fitzgerald property now. Mr. Fitzgerald answered that he didn't know of any commercial operation presently having material removed from it now. Public hearing opened. Attorney Peter Firth represented J. J. Weller Associates and family who are opposed to the project. He mentioned that this application does not make any substantial changes from the prior application, he basically wants the same variance to do the same thing at the same location. The only change is that now the applicant wants to ingress and egress from Route 149. He then submitted petitions from residents of Glen Lake in opposition to this variance. Concerns here were that this would create an attractive nuisance as far as children in the area. Mr. Markwardt, Sherwood Acres also opposed because of the noise it would create. Mr. Higley, also objects because of the noise factor. Attorney Robert Stewart represented the King Family and they are also opposed. John Hughes added that he couldn't see where any hardship has been shown. Joseph Hanley, Glen Lake Road concerned mainly with the traffic that would be promoted in the area where children are at play. Lou Cottrell, Nacy Road - opposed because of the noise. Trudy Sperry, Dineen Road - opposed - traffic and noise. Mr. Ledford, concerned with the dust that would be created. Public hearing closed. Queensbury Planning Board recommended approval and the Warren County Planning Board disapproved the request. '-- c2 70 Page 5 Mr. Fitzgerald interjected here that as far as the traffic condition being created, it is already there coming and going from somewhere. Chairman asked what proof Mr. Fitzgerald had that he has tried to use the property as zoned? Mr. Fitzgerald said that two companies, Kubricky and Valenti were at one time interested in purchasing the property but negotiations broke down. Mr. Mills explained what the vote must be in order to have the variance approved which would be a majority of 4 plus 1 in the affirmative would be needed to carry in order to over rule the County. Attorney Firth asked if Mr. Sicard would abstain and Mr. Sicard said he would be abstaining. Motion by Mr. Mills, seconded by Mrs. Goetz to deny Variance 887 based on the fact that no hardship has been proven and that it would make a definite change in the character of the neighborhood. YES VOTE MEANS TO DENY---- Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Chairman Cornwell and Mr. Mills No - None Abstain - Mr. Sicard. DENIED VARIANCE NO. 888 -Castaway Marina represented by Henry Heym Chairman asked if it was legal to build a building without sewer and water. The building department representative added that this is only for storfage and display of new boats. Chairman then asked if there would be glass windows on one side. Mr. Heym said that windows would be on two sides. Chairman then said this is an expansion of a pre-existing non-conforming use. Public hearing opened. Billy Sue Owen concerned about future runoff problems. Mr. Heym said the building will be gray to match the other buildings. Screening around the building is being planned. Charles Adamson, Lake George Association, no problems. Public hearing closed. Warren County and Queensbury Town Planning Boards both approved the variance request. '--.. oi7/ Page 6 Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the Zoning Board of Appeals approves Variance 888 as it is an expansion of existing non-conforming use and there is no adverse affect on the neighborhood character and it will approve the appearance of the area involved. Approved. . . VARIANCE 889 - Hans Scherer and Thomas Yo1e, Jr. both applicants present to represent themselves. Mr. Yo1e explained that they propose to use the building known as the Imperial Restaurant and turn it into a laundromat with adjacent game room and lounge. They explained the sewer system presently being used. Presently the septic system is pumped up to the Aviation Mall. They for see no problems with this even with the 1aundramat system using 6400 gal. of water. Chairman asked if there would be adequate parking and Þ1r. Yo1e said there is plenty of parking to the rear of the building itself. Public hearing opened. James Gray, General Manager of the Aviation Mall had serious concerns about the pumping into the septic system at the mall. Public hearing closed. Motion by Mr. Mills, seconded by Mr. Sicard, it was RESOLVED that the Zoning Board of Appeals approves VAriance 889 based on the fact that the septic system seems adequate according to standards and it is a reasonable request and meets the neighborhood character. It also has adequate public facilities to service clientele. Yes - Mr. Griffin, Mr. Turner, Mr. Sicard and Mr. Mills No - Mrs. Goetz and Mr. Cornwell. Approved. Motion by Mr. Sicard, seconded by Mr. Mills all voting affirmatively RESOLVED that the meeting adjourn. Approved. ~~ \/I~I)~ -'--