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1985-02-20 '-' 3~/ ./ Regular monthly meeting of the Queensbury Zoning Board of Appeals held February 20, 1985. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills Meeting called to order by chairman at 7:30 P.M. The approval of the minutes for the January, 1985 meeting was tabled. Motion by Mr. Sicard, seconded by Mr. Muller all voting affirmatively, RESOLVED that the approval of the January, 1985 minutes is hereby tabled one month. Approved. INTERPRETATION NO. 29- Adirondack Pool & Service Attorney Horwitz represented the applicant. Mr. Horwitz asked for documention that was used in the interpretation by Mr. Dean. VARIANCE NO. 965 - Northern Homes, Inc. to construct storage sheds in rear of lot at less than required 50 ft. buffer zone in Highway Commercial 15 Zone. Property situated Quaker Road and Glenwood Ave. Represented by Jeffrey Kelly - 298 Ridge st. Mr. Kelly presented new revised plans from what had been presented at a previous meeting. He mentioned that presently there are 30 cars that belong to their employees and that they rent space on the other side of Glenwood Ave. to park cars. They would like to get their lumber under cover and would like to have Quaker Road access and to be able to park cars on their own property. They were proposing five (5) lumber sheds. The County suggested that the parking should be to the rear and the buildings to the front. The primary concern is to get the lumber under cover. Mr. Behr asked when the property was purchased and Mr. Kelly said they obtained it last year. Mr. Behr then added that in essence this is a self-created hardship. He also mentioned that there could be new homes on the property adjacent and they might not like this proposal. Mr. Behr asked what the new two (2) story building was to be used for. Mr. Kelly said it would be office space. Mr. Kelly said that he also spoke with Mr. Beaman, the owner of the adjacent property and he had no objections to the plans. Public Hearing open. Mr. Eddy, Chairman of the Queensbury Beautification Committee said that his committee turned the proposal and as a result Warren County did the same. 3"1:J.. Mr. Turner asked if they would consider tabling this Mr. Kelly said that he felt that they were getting the run around from the Town of Queensbury. Charles Lebowitz came forward and said that he has owned property in the area for some time. He spoke about the proposed entrance from Quaker Road. After some discussion he said it would basically be an improvement to all the property in that area. Public Hearing closed. Warren County Planning Board disapproved the area variance based on the fact no proper set back and it was a self-imposed hardship. Mrs. Goetz read the written report of the Beautification Committee. Motion by Mr. Sicard, seconded by Mr. Turner RESOLVED THAT the Queensbury Zoning Board hereby tables Variance 965 until more information regarding the Beautification Committee is received and information as to what will be going in on the property if the Variance is approved. Yes - Mr. Behr, Mrs. Goetz, Mr. Turner, Mr. Sicard No - Mr. Mills Abstain - Mr. Muller Variance tabled. VARIANCE NO. 966 - H. Crosswell Tuttle - to subdivide 8 plus acre parcel into two parcels one of which would be less than the required , 5 acre lot size in Recreation Commercial - property located at Lockhart Mountain Road. Mr. Tuttle represented himself. He mentioned that he wanted to make two parcels one 5.1 and the other 3.7 acres. There were no questions from the board. Public hearing opened and closed. Warren County Planning Board approved request. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively RESOLVED THAT the Queensbury Zoning Board of Appeals hereby approves Variance No. 966 based on the practical difficulty being the lay of the land as the property drops off. Approved. VARIANCE NO. 967 - Donald J. Sokol - to operate a Home and Garden Shop in neighborhood commercial 10 zone - property located Aviation and Dixon Roads. \.-. i,,~\ 3 3'-13 Mr. Sokol represented himself. He mentioned that the proposed store will be a combination of hardwar~and lawn and garden. Mr. Behr questioned the storage of the garden supplies. Also concerned about possible cluttering of the outside area. Public Hearing opened The owner and operator of Queensbury Arms Apartment complex said that he was a supporter of this. Mr. Sokol has kept present establish- ment in good order. Robert Eddy, Queensbury Beautification mentioned that he felt it should be approved as the basis of the area is commercial. Public hearing closed. Motion by Mr. Sicard, seconded by Mr. Muller all voting affirmatively it was (actual vote - all yes except Mr. Mills who abstained) RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 967 as it will be an asset to the area, with the necessary hardship being the commercial development already in the area, there is no adverse affect to the neighborhood. Approved. VARIANCE NO. 968 - Dr. Alfred W. Hollis - to split parcel of land into two separate parcels, each parcel with existing principal building but with less than required square footage in highway commercial zone. Represented by Wendy Savale owner of Ship Shape. Mr. Turner asked how long Dr. Hollis has owned the property and Ms. Savalle said since 1977 or 78. Turner then added that he (Dr. Hollis) is supposed to sell one parcel to you and one to Wasserman. Mr. Muller asked if any arrangements have been made regarding parking. Ms. Savalle said the parking there has never been a problem. Mrs. Goetz asked if she (Ms. Savalle) could foresee future growth of her business where these arrangements would not be adequate and Ms. Savalle said no. Public hearing opened and closed. Warren County Planning Board approved. '-- Motion by Mr. Behr, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 968 it will have no adverse affect on the neighborhood, will not change the character of the operation between the two buildings and it is a reasonable request. Approved. 4 3'f'-f VARIANCE NO. 969 - V.S.H. REALTY, INC. - to construct convenience food market and gasoline station in Urban residential 5 zone property north side of Aviation Road corner of Fox Farm Road. --..- Represented by Robert Byermest Attorney Robert Stewart represented the owners of the property. Mr. Stewart said that he represented both V.S.H. Realth and Mr. and Mrs. Smith owners of the property. He mentioned that the Smiths owned the lot for years and there has been no interest shown in it as to the purchase and development of it for private residence. Mr. Smith .~_ is retired and has now had an offer from Cumberland. ;./t..1114 Mr. Behr asked how long the property has been on the market and Mr. Stewart answered that it has not been on the market. Mr. Turner asked what the height of the canopy would be and Mr. Stewart replied 14'. Mrs. Goetz remarked about the sign proposal. Mr. Byermest said the sign would conform with the ordinance. Public Hearing opened. Floyd Smith, owner of the property and Mrs. Smith gave their reasons for trying to sell the property. Mr. Epstein, local resiàent read a prepared statement against approval. Mike Sipowitz, also opposed handed in a petition with approximately lOa names in opposition to this request. Jeffrey Kelly, 298 Ridge st., developer of the Westland area also was against request. David Sinclair 1 Poplar Lane - opposed R. Dean Bloomer, Avaiation Road - opposed Carl Anderson-36 Helen Drive - opposed Rob~rt Eddy - Owen Ave. - opposed (as resident) As Chairman of Beautification Committee Mr. Eddy gave his committees objections to the request for Variance. Basic problem being appearance of property, general sloppy conditions around building. Several store areas were named. .Resident of 2 Westmore Ave. also opposed. Public hearing closed. Warren County Planning Board disapproved as it would alter the residential character of the neighborhood. Motion by Mr. Muller, seconded by Mr. Behr, all voting affirmatively, it was RESOLVED that the Queensbury Zoning Board of Appeals hereby denies Variance No. 269 as the applicant has failed to prove the minimum '-- 3 'IS' ~ 5 requirements of a Use Variance, it has not been proven that the property cannot be sold for duplex housing or other permitted uses. '-/ (Yes vote was to deny) Denied. VARIANCE NO. 970 - Charles and Flora Matteson - to make use of building lot that is smaller than required 20,000 sq. ft. in single family residential 20 zone - property situated John Clendon Road approximately l75 ft. from Mountain View Lane. Marion Morrissey, Dyer Real Estate represented applicant. Ms. Morrissey said negotiations are being completed on the property and if the variance is granted the house will be put up in the same basic character as the rest of the neighborhood. Public· hearing opened. Mr. George Winters-4 John Clendon Road said that this would be a good improvement to the property around him. Mr. Brian MacGregor, John Clendon Road said the lot is very small and a odd shape house might have to be built, this was his concern, the shape of the house. Mr. Sicard asked if the house was already picked out for the property and Ms. Morrissey said no, that it was a contractor interested in the property. Motion by Mr. Behr, seconded by Mr. Sicard, all voting affirmatively it was RESOLVED THAT the Queensbury Zoning Board of Appeals approves Variance No. 970 based on the fact that the hardship is that they are not able to fully use the property because of the suare footage shortage due to the adoption of the new zoning ordinance. The size will not conflict with the other houses in the area. Approved. Motion by Mr. Sicard, seconded by Mr. Mills, all voting affirmatively, RESOLVED THAT the meeting adjourn. ~- 9~9~ ~