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1985-03-20 3'f~ Regular meeting Town of Queensbury Zoning Board of Appeals held Wednesday, March 20, 1985 at 7:30 P.M. '\.- Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Hr. Sicard, rlr. Muller and Mr. Mills Absent: None The meeting was called to order by the Chairman at 7:30 P.M. Motion by Mr. Behr, seconded by Mr. Sicard, all voting affirmatively RESOLVED that the minutes of the January l6, 1985 meeting are hereby approved. Approved. Motion by Mr. Mills, seconded by Mr. Muller, all voting affirmatively RESOLVED that approval of the minutes for February, 1985 is tabled one month. Approved. OLD BUSINESS VARIANCE NO. 965 - Northern Homes, Inc. Quaker Road, Glens Falls New York Jeffrey Kelly was present along with Mr. Michael Carusone to represent Northern Homes. Mrs. Goetz read letter from the Beautification Committee stating that they met and gave their approval. Mr. Kelly said that he had no additional information to bring before the Board only that he did meet with the Beautification Committee and they agreed that the further back from Quaker Road would be better. Mr. Carusone again mentioned the size of their operation and that they are a major employer in the community. Mr. Behr asked when the proposed building would be put up and Mr. Carusone answered that if things continue as they are probably within the next two (2) years. Motion by Mr. Mills, seconded by Mr. Sicard, RESOLVED THAT the Queensbury Zoning Board of Appeals hereby approves Variance No. 965 in granting relief of set back requirement in order to have reasonable use of space and to be as far from Quaker Road as possible. Yes - Mr. Griffin, Mr. Turner, Mr. Sicard and Mr. Mills No - Mr. Behr and Mrs. Goetz Abstain - Mr. Muller '- It was then explained that because the County denied the request there must be a majority vote plus 1 to approve this variance. J/of1 Page 2 zoning Board 3/:LtJ/85 We did not have a majority plus 1 tonight this Variance is hereby DENIED. -- VARIANCE NO. 97l - David Barnes -to construct a addition to existing auto body repair shop in Urban Residential 5 zone. Public Hearing opened and closed. Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively RESOLVED THAT Variance No. 971 be approved it fits in with the existing operation and it is an expansion of a nonconforming use. Aproved. VARIANCE NO. 972 - Scott Alan Yetter - to construct a single family dwelling with 17' rear setback in lieu of the required 20' . Public Hearing opened and closed. Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively, RESOLVED THAT Variance No. 972 be approved as the practical difficulty has been shown in the irregular shape of the lot. Approved. VARIANCE NO. 973 - Daniel & Elizabeth Valente - to place a swimming pool on south side of dwelling facing Sweet Road in Single Family Residential 30 zone. Mr. Turner asked if the driveway would remain the same and Mr. Valente said it would be just as it is now. Public Hearing Opened and closed - Warren County Planning Board approved the application. Motion by Mr. Griffin, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 973 be approved the practical difficulty being the way the house is situated with the rear facing Sweet Road. Approved. '- 3'18 ' Page 3 Zoning Board -- VARIANCE NO. 974 - Sabo N. Sabo (Adirondack Pools and Service to operate retail business for sale of swimming pools in Urban Residential 5 zone. Represented by Attorney Horwitz. Mr. Wallace Bean Real Estate Appraiser gave his qualifications. Mr. Bean was asked if it would be feasible to develop the area into single family or duplux buildings. Mr. Bean answered no beeause of the cost of the land itself. Mr. Muller added in question form we would be ill advised to try to put in duplex buildings then. Mr. Bean said yes. Mr. Muller then asked if the same would be allover the Town of Queensbury and Mr. Bean said that it would depend really on what you had to pay for the property involved. Mr. Sabo explained that he is a teacher in Hudson Falls and that they have been in the business for eight (8) years. Mr. Horwitz asked what type of traffic would be anticipated if this were to be granted. Mr. Sabo said that on a per day or per week basis it would be difficult but probably 20 - 25 in the spring and as the summer progresses possibly a little more. The question was asked about deliveries. Mr. Sabo said weekly or every other week a supply truck would come. Mr. Beher asked how much material would be stored outside with the answer none. Mr. Behr next questioned the chemicals stored and Mr. Sabo said none would be outside. Mrs. Goetz asked if there would be a model pool outside the building, Mr. Sabo said not at this time. Mrs. Goetz next asked if they used a backhoe and he said that they have no large equipment. Mr. McDonald described the outside aesthetics and mentioned that Quality Nursery would be doing the work. '- The question of ingress and egress on Aviation Road rather than Dixon Road was addressed. Public Hearing Opened. 3¿cJ Page 4 Zoning Board -- Mary Miller, 617 Dixon Road presented a petition in opposition. Mr. Muller added that if this property were to be used as zoned, there possibly would be more living units and more traffic problems. This operation would have more traffic than one residential unit but less than a commercial venture. Mr. Sokol was present also in opposition. Donald Moon 110 Aviation Road Against venture. Herb Epstein, Evergreen Homeowners Assoc. also against. David Sinclair, 1 Popular Lane, against. A letter from Mrs. Desbien II Midnight drive and a letter from Mr. & Mrs. Morninweig both opposed read into the record and on file in Building Dept. Queensbury Beautification Committee approved. Mr. Muller said that Mr. Sokol indicated therer had been other offers made consistant with the zoning and Mr. Horwitz answered that he has not been told of any offers. This is the only offer on this piece of property. Public Hearing closed. Motion by Mr. Behr, seconded by Mr. Turner RESOLVED THAT Variance 974 be denied because the applicant has failed to prove the minimum requirements for a use variance proving the property could not be sold for the permitted uses. Yes to Deny - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills Denied. VARIANCE NO. 975 - Barcy Enterprises (Apple Annie's Pub) To construct an addition to restaurant with less than the required setbacks in highway commercial 15 zone. The representative stated that they were trying to utiliize the existing structure and clean up the front area by continuing the building. Mrs. Goetz was concered that the sign would reach out onto Rt. 9. and the parking in the front. Public Hearing open. Janit Boliver, neighbor-complained about the cars damaging the fence. '- 35ó '-./ Page 5 Zoning Board Mrs. Goetz asked if the addition would cause any problems with adequate parking, he said there was ample parking. Mr. Griffin asked if he knew how many parking spots there were now and he said approximately 55. Mr. Griffin next asked about the seating capacity and he answered roughly 109. Public Hearing Closed. Warren County Planning Board approved. Queensbury Beautification disapproved as the landscaping plans have not been submitted or are incomplete. Mr. Turner asked if they would agree to meet with the committee and he said he would. Motion by Mr. Behr, seconded by Mr. Turner, all voting affirmatively RESOLVED THAT Variance 975 be approved as the practical difficulty has been proven and that they meet with the beautification committee and abide by their recommendation. This variance as granted will be nul and void if recommendations not met. Approved. VARIANCE NO. 976 - Thomas and Marilyn Jacobs - to maintain a side setback of less than 30 ft. from proposed property line. Represented by Mark Nordsay of Lapan & Reardon, etc. Public hearing opened and closed Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively, RESOLVED THAT Variance 976 be approved for the reason that the applicant has shown a practical difficulty as shown on his map and to fn~ther substantiate by the other comments on the application. approved. Motion by Mr. Sicard, seconded by Mr. Mills all voting affirmatively, RESOLVED THÆT THE MEETING ADJOURN. ( \...-