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1984-09-18 3/~ Monthly meeting of the Queensbury Zoning Board of Appeals held September 18, 1984 at 7:30 P.M. Present: Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills Absent: Mr. Behr The first item was the approval of the minutes. Mrs. Goetz made the following correction on Variance No.934 - after word demonstrated-Ëhat has been addressed to ownership of the property----- Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively RESOLVED THAT the minutes of the August IS, 1984 meeting are hereby approved as corrected. Approved. Variance No. 929 - Peter Accardi - to convert present storage to dwelling with less than lot density requirements-Jay Road Glen Lake. Mr. Accardi represented himself. He said that his son would like to convert the building into living quarters. Mr. Turner said that you propose to put a 10 x 15 addition on the existing building, are you putting it on a slab or will there be a cellar. Mr. Accardi said the present building has a slab and this would too. Public hearing opened and closed. Warren County Planning Board disapproved the request. Mr. Muller asked if Mr. Accardi still used the small building for storage and Mr. Accardi said he did. Mr. Mills asked if there were any facilities in the building and the answer was no. Motion by Mr. Muller, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 929 as a practical difficulty has been shown in that the lot is a pre existing undersized lot - condition that the two lots will be combined as one by the owner and that the board feels this is a reasonable request. VARIANCE NO. 938 -King Service, Inc. - to place an additional free-standing sign with price information on an existing light pole southeast corner Quaker and Bay Roads. 36 Page 2 Represented by Mr. Luce Mr. Turner mentioned that the sign is already up and Mr. Luce added that they are only temporary. Public Hearing open & closed Warren County Planning Board approved with no comment. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board hereby approves Variance No. 938 because the 12 sq. ft. size is similar to the other variances approved for gas price signage and the set back is 18'. Approved. VARIANCE NO. 939 - John & Barbara Oligny - to divide property creating two (2) lots approximately 1.75 acre each in split zone rural residential 3 acre. Public hearing open Juanita Hoag - This is the only feasible way to use the property. She said she was in favor. Public hearing closed. Motion by Mr. Griffin, seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 939 as it is reasonable request, and reasonable use of the land. Approved. VARIANCE NO. 940 - Karen Bush & Richard Cunningham - to operate a beauty shop in an existing dwelling in suburban residential 30 zone east side of Ridge Road approximately 450 ft. north of Quaker Road. Ms. Bush represented the pair. Mr. Sicard asked if the property has been for sale for 4 years and she said yes. Ms. Bush discussed the removal of a few trees and the proposed blacktopping of the area. Mrs. Goetz was concerned with there being enough room for the turning around of the cars in the parking area. 310 Page 3 ----- Mrs. Chartier, present owner of the building, explained when the two houses on the property were built and the problems she has had in selling the property the past few years. She mentioned that the original selling price was $70,000 but that now it is considerably lower. Jane Carusone, Real Estate sales representative verified the fact that the property has been for sale. Public Hearing opened and closed Warren County Planning Board approved with no comment. Mr. Sicard asked if the house in the rear is presently occupied and Ms. Bush said it was. Mr. Sicard asked if they planned on any signs and Ms. Bush answered that they would do what the Board wanted, they wanted to follow the fules here. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 940 due to the unusual situation here and it is the reasonable use of their land and the necessary hardship is that even though it is in residential area it has not been able to be sold as residential. The proximity to two (2) other businesses is also a factor. This variance will with the ownership. Approved. /expire VARIANCE NO. 941 - Nelson Griggs - Glen Lake Road - to construct a single family dwelling with less than the required side setbacks and less than the required lot size in a single family residential 30 zone. Mr. Griggs represented himself. Public Hearing opened. Mr. Choppa represented his mother who owns property immediately to the west. He objects because the lot is too small and would crowd the lake. Does not object to Mr. Griggs himself but objects to what might follow. Ted McNeil - owner of property on the other side main objection was that it would change the character of the immediate vicinity. Another local resident, name I did not hear, said that he thinks there is too much building in the area on a little bit of land and a fire hazard could result. '-.- 3/7 ~~s~_!_ Warren County Planning Board disapproved. Mr. Muller asked Mr. Griggs if the piece of property adjacent to this is under contract to sell and Mr. Griggs said it was. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively it was RESOLVED THAT the Queensbury Zoning Board of Appeals hereby denies Variance 941 as a practical difficulty has not been shown and this would seriously affect the character of the neighborhood. YES VOTE WAS TO DENY Denied. VARIANCE NO. 942 - Richard Ellinger - to place a swimming pool with less than the required 30 ft. setback from Tee Hill Rd. in suburban residential 30 zone. Mr. Ellinger represented himself. Mrs. Goetz mentioned that he has pine trees in the area and does not want to remove the pines and Mr. Ellinger said this was correct. Mrs. Goetz then asked what type of fence he would put around the area and he said whatever looks the best. Public hearing open and closed. Motion by Mr. Griffin, seconded by Mr. Sicard, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance NO. 942 as the practical difficulty with septic problems on the east side and it seems to be the only place to put the pool unless the trees are removed. Yes - Mr. Griffin, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills No - Mrs. Goetz, Approved. VARIANCE NO. 943 - Pharmacy Associates - to place a free-standing sign with changing line message board with less than the required setback from the front property line in a plaza commercial 1 acre zone on Quaker Road. Represented by R. R. Platt - He mentioned that they were asking for a 10' set back instead of the 25'. The problems in the area and what could happen in the area at a future date were discussed by Mr. Sicard i.e. the widening of Quaker Road. Mr. Platt explained the reason for the message center. Mr. Fenimore, owner of P.A. explained that they did not feel that this type of sign would interfere with their parking lot at all. He said there bill be parking for approximately 35 to 40 cars. Our signs are not visible because of the Audio Genesis building. He also said that they realize that the sign might have to be removed if they do widen Quaker Road. 3/J ___~~s~_~__ Mr. Mills asked what kind of messages would be on the changeable sign. Mr. Fenimore explained that they would be public service messages, mainly health related meetings, etc. Public Hearing opened and closed. Warren County Planning Board approved with the condition that it expire in 1986. Letter from Audio Genesis was read. Motion by Mrs. Goetz, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 943 as there is a practical difficulty in that they are close to Quaker Road and have gone back as far as they can and it is a reasonable request. This will not have to conform in 1986. Note Letter attached - Item 2 on page 1 and paragraph 1 of Page 2 were withdrawn from the application. VARIANCE NO. 944 - Lloyd Helman - to construct a building to dis- play boats at less than the required lot line setbacks on the property at 19 Boulevard, corner of Quaker Road. Mr. Helman represented himself. Mr. Turner asked if the 40 x 72 is the least he could live with. Mr. Helman said that he had originally opted for more. Mr. Griffin asked what it is used for now and ~1r. Helman said it is for storage. Mr. Turner asked if it would be used for winter storage of customer's boats. Mr. Helman said yes it would. Mr. Turner then asked for how many and Helman said 18-20. Public Hearing open. Arthur Aronson, owner of adjoining business spoke of problems with surface water and his access to his loading area. He mentioned that he has a pump pumping water from his building almost con- stantly during certain times of the year. Warren County Planning Board approved the variance request. 3/9 ~~9:~_~_ Motion by Mr. Mills, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 944 with the condition that The practical difficulty is that it is necessary for his business due to the proximity of the cement company and cement dust with the condition that there is a mutual agreement regarding boats on the west side of the property. Approved. VARIANCE NO. 945 - Barbara and Nick Markwardt - to construct and operate a dance studio in split zone urban residential 5 and highway commercial IS property situated Weeks Road. Attorney Mark Schachner represented Mr. & Mrs. Markwardt. Attorney Schachner explained that the Markwardts own and operate the dance center which has an enrollment of approximately 200 students. Mrs. Goetz questioned the hours of operation. Mrs. Markwardt answered Monday thru Thursday normally until 4:00 but some days 8:30 A.M. to 9:00 P.M. Mrs. Goetz then asked the average class size and Mrs. Markwardt said there are 14 in some classes and 7 or 8 in the smaller ones. Mr. Turner asked the construction and Mrs. Markwardt said pine board and batten Mr. Mills questioned the parking and for how many cars. Mrs. Markwardt there would be parking for about 30 cars but that usually the mother's drop the students off and leave. Public Hearing Opened. Attorney Malcomb O'Hara represented the Kingswood Homeowners Assoc. He noted that the applicant is not the owner of the parcel of land in question. He also mentioned that they have created their own self-imposed hardship. He also mentioned that the Association has a signed binder in the amount of $22,500.00. The main topic of concern for the Association is the question of the buffer from the Adirondack Northway and they are opposed to the variance because if there is no buffer they are right in line with the northway. Cliff Antis, a member of the Association spoke also in opposition to the variance. __c_'~_mc_ 3 ;).0 g~s~_I___ Attorney Schachner said that he agreed that the Association has a vested interest but the Markwardts have been looking for a place for two (2) years. He said that the plans call for a buffer zone between the homes and the area where the studio is planned. Mr. O'Hara brought a petition to the Board signed by the Association members. Attorney Schachner added that he felt that the property values would not decline at all because of this plan. Mrs. Markwardt mentioned that they had looked at the Community Workshop building and the Millbrook building on Quaker Road. William Parrot also spoke against the variance. Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 945 as the applicants have demonstràted a hardship in the UR Zone because of the proximity of I87 makes it unsuitable, the impact on the neighborhood can be remedied by retaining a 50' buffer zone. Approved. VARIANCE NO. 946 - Frank N. Parisi - to construct addition to a dwelling with less than the required setback in Lakeshore Residential, Gunn Lane, Cleverdale, NY. Mr. Parisi represented himself. Mrs. Goetz asked if this would still be used as a camp and Mr. Parisi said yes. Mr. Muller asked if this was a one (I) story building. Mr. Parisi said yes but it has a cathedral ceiling. Public hearing open Mr. Worcester - in favor of request, said he lives to the east side. Warren County Planning Board approved variance. Motion by Mr. Griffin, seconded by Mr. Turner, all voting affirmatively RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 946, the practical difficulty being the setback, no place else to put the building because of the septic system, new building is the same as existing. Approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively RESOLVED THAT the meeting adjourn. '--'---- ,.) ~ /J (/';(¿vYÞ ~. ""KEa aO"D. OLE'" ....LU, "y D ....~...., [!] liiio1'.... ....~ .. ...,.". LY '£4......". ..,e; ¡ T 1......1..._ : R H..'I". ; I.:..J H,...... ...,. ! I~I." Mw.II.' ];)./ ~_..._-- ,--,.~-_._"., September 6, 1984 Mr. Ted Turner, Chairman Queensbury Zoning Board of Appeals Bay Road, Town Hall Glens Falls, NY 12801 Subject: Variance Request for Pharmacy Associates, 49 Quaker Road, Town of Queensbury De~r Mr. Turner: Please consider our request for two variances to the Town of Queensbury Sign Ordinance as we have described below: (ll We ask the Board to grànt a setback variance from the, Sign Ordinance, Section 6, 102, paragraph 1. This section sta.tes that the si.gn must be set back 25 feet .from the front property line.. We are asiling for a setDack of 10 feet. The primary reason here is to prevent a potential traffic safety problem. If the sign was set back 25 feet, placement would be in the, line of traffic flow to the front parking lot. A se.tóack, of 10. feet would set the sign out of the flow of traffi.c and into a parting space. .AJ A s'econdary reason for the setback request is because the V front property line is 46 feet from the traveled portion of ~ Quaker Road [Eastbound) and 66 feet from the traveled portion ~. of Quaker Road (Westbound). A variance to the. 25 feet setback L rule would seem unreasonaDle considering the extreme reading ~;( di,stance from the vehicular road traffic to the· sign display. (2'1 We ask the Board to grant a variance to Section 5, 100f paragraph 2, as it relates to the "flashing, intermittent ~ {J. r se~ences or moving lights" and the "bare lamps', bare Dulbs" -1\" _ portion of the paragraph. iJt1f \;0 We are seeking to install a one-line electronic message center, but without the usual sequence of rapidly changing mes's-ages. Rather, we seek to change our messages on an in- frequent basis, once per hour, a maximum of 18 messages over an 18 hour operating day. There would be no movement of words or characters, only a stationary, continuous message would be displayed. We would also show a time. and temperature mode in addition to the message. ,-...r ,,-.~- 322 5eptember 6( 1984 Page 2 The type of message we will display would be in the public service realm. We would use the message center to alert the public to blood drawings, free blood pressure clinics, non- profit organizational meetings, community chest drives, com- munity-oriented events, school related activities, ect. The two proposed variances requested above do not suB- stantially differ from the Zoning law. 5ímilar setBacK var- iances have been granted for other Quaker Road Busìnesses·. Also, there is provision wi.thín the law for cfiangeaBle copy' reader panels. There are several such panels in the, Town of QueensBury. Granting of these proposals will not have an adverse ef- fect on the neighborhood nor would they be injurious- or detri.- mental to the area. This section of Quaker Road is designated for commercial development, and there are other large Businesses clos-e By'. ' The variances will be in general harmony with, restrictions es'tablished for Quaker Road. They will have no advers'e effect on puBlic facilities or underground services. We respectfully petition the, Zoning Board of Appeals to consider our proposal and grant us the variances for our firJr1' Pflarmacy Associates. Sincerely, r ~~~~ (00) Jim Finamore U~ (Ý1~2a~ c+c.j Vitas Marcinkevicius JP'/ta \..\"