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1985-04-17 " .. "<.~ \ ~ '\ -, I « Monthly meeting of the Queensbury Zoning Board of Appeals held , Wednesday April l7, 1985 at 7: 30 P.M. Present~ Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard, Mr. Muller and Mr. Mills Absent: None Meeting was called to order by the chairman who at this time asked for a motion for approval of the February, 1985 minutes. Mrs. Goetz mentioned Variance No. 965 and made a correction as to the order of approval from the Beautification Committee and the Warren County Planning Board Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively, RESOLVED THAT the minutes of the February, 1985 meeting are hereby approved subject to correction. Approved. Chairman next asked for approval of the March 1985 minutes. Motion by Mr. Behr, seconded by Mrs. Goetz, all voting affirmatively, RESOLVED that the minutes of the March, 1985 meeting are hereby approved. Approved. OLD BUSINESS ByeOlkel1 Mr. Walter ~riokel submitted a brief and stated that he delivered the original to the Town Clerk this day. (This was in regard to the Big Boom Road decision to be made by this Board) Attorney Case Prime was present to represent the Town. He added that Attorney Mark Schachner has also filed statements with copies here for the Board. Mr. Rowley also has filed his brief and a cover letter requesting that you, as chairman, accept the original on behalf of the Town Clerk which would go on record as having been filed timely. This was the last day for all briefs to be filed and they have been. The decision is now before/'t.he Board. He then / mentioned that this was with regard to the app~al of a building permit which resulted in seven (7) lengthly hearings. I suggest that you make a motion to adjourn the matter until your next regular hearing night and include this then. The Board has 60 days to make a decision. ,- After discussion it was decided to adjourn until May 7th the Executive Session. _~',9"""'-.:,....",~+>...,......., Page 2 '-- ~otion by Mrs. Goetz, seconded by Mr. Turner, all voting affirmatively, '~...' .. .... . .. '. '"'if' ',' . ". .""',' ~. .~: RESOLVED that the Executive Session be adjourned until May 7, 1985 to review and discuss the documents and affidavits presented at the previous Public Hearing$, Approved. VARIANCE NO. 775 - Chris Warner purpose to renew permit will be heard at the May l5,th meeting. NEW BUSINESS VARIANCE NO. 977 - Louis J. Russell, Jr. - to rent property for boat storage, rent garage for storage or business in rural residential 3 acre zone. West side French Mountain Drive. Mr. Russell represented himself. Question asked of Mr. Russell - how long ago did you purchase the property. Mr. Russell said he bought it November 28, 1984. Mrs. Goetz asked if he was aware of the zoning, he avoided answering the question at this time. Mr. Russell just felt that having the boats there would be better than having all the heavy equipment there. The next question to him was - are you renting now and he said yes. Mrs. Goetz asked if the boat business was operating now and he said yes, Scotia Marine. Mrs. Goetz next asked who told him to overlook the zoning. He answered that he assumed that it was a commercial area. Mr. Behr asked if he was aware that it was rural residential property. Mr. Russell said he thought it was commercial. Mr. Turner added that it is not and never has been commercial there. Mr. Turner added that this is a use variance and it requires the 4 items that the board has to consider. Mr. Turner added that it was his feeling that he (Russell) hasn't met any of these and the board has to deny. Mr. Mills asked if he purchased the property through a realtor and he said yes Realty USA. Mr. Mills then asked if the zoning was ever discussed. Mr. Russell said only the fact that it could come under the gradfather clause. He said he plans on cleaning up the whole area. "it:.;~>.... '., ~~.. 3 Page 3 ê) Motion by Mr. Turner, seconded by Mr. Muller, it was RESOLVED THAT the Zoning Board of Appeals denies Variance No.977 as the applicant has failed to prove the necessary criteria for a use variance. (yes vote means to deny) Yes - Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard, Mr. Muller, Mr. Mills Variance Denied. VARIANCE NO. 978 - John Pyle - to construct an elevated deck attached to detached garage for storage of wood with less than the required side setback in Lakeshore Residential 1 acre zone. Represented by Joe Roulier - Mr. Turner noted that the deck is already up and Mr. Roulier agreed but then said that the work on the deck has been stopped. Mr. Behr mentioned that there has till been considerable work done on the deck with Mr. Roulier emphatically disagreeing. Mr. Roulier said that he initially built the deck for Mr. PY.le and that he has not done any work on it since this application was made. Mr. Griffin asked if the deck would be covered and Mr. Roulier said no, it will be open with stairs going up. Living quarters was discussed and mentioned that it was stipulated that there would be no living quarters there. Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Mills, all voting affirmatively RESOLVED THAT Variance 978 be approved as the applicant has shown practical difficulty in that he wants to attach the deck and can't meet the setback. Approved. VARIANCE NO. 979 - Richard Phillips - to place a mobile home in a light industrial 1 acre zone, south side Sanders Road. Mr. Phillips was asked if he was planning to buy a new mobile home. He said yes, he wants it for his mother-in-law. They want to get one with vinyl siding so it will look like other homes in the area. Mr. Dean, Building Dept. administrator reminded the board that the Town Board must still approve the application. <'---'" If Page 4 <~ Mr. Turner asked if the mobile home would be skirted and Mr. Phillips said yes. Gertrude Fish carne forward and was opposed to the request. Motion by Mr. Mills, seconded by Mr. Sicard, all voting affirmatively, RESOLVED THAT Variance 979 be approved due to the lot size of 1 acre and that they have met all the other requirements of a use variance. Approved. VARIANCE NO. 98l - Donald D. Smith, To place a single family dwelling in light industrial 1 acre zone Corinth Road near Minnesota AVe. No questions of ]1r. Smith by the Board. Warren County Planning Board approved. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively, RESOLVED THAT Variance No. 981 be approved - the strict application of the zoning ordinance results in an unspecified necessary hardship. Approved. VARIANCE NO. 982 - H. John Schutze - to construct professional offices in Urban Residential 5 zone situated at Aviation and Dixon Roads and Poplar Lane. John Schutze represented himself. Chairman noted that there is a proposal here for three (3) buildings. He then asked if all of them were rented and Mr. Schutze answered no. Mr. Schutze added that the first building to be erected would be for Dr. DelSignore and himself for their dentistry practice. He mentioned that the other buildings in the complex might be for a medical use of some kind. He said their conception of the area would be all medical.but the Planning Board wasn't sure if we needed a variance with it to be all medical. We would like to go for the variance so that all the information would be given to you so that in the future we wouldn't have any problems down the line. Chairman reminded everyone that this was advertised as a use variance and should be heard as such. ~ Attorney Dennis Phillips was present representing Schutze & DelSignore spoke on parking and requesting to amend the application to include r~duction in the 9~rking. He also sá~d Mr. Sleight valued the property at $70,000.00 and has been for.ale since 1970. Board approved the amended application regarding parking. s Page 5 ~1r. Phillips spoke on the value put on the property by Mr. Sleight. He introduced Mr. Wallace Bean who would testify on the present value of the property. Mr. Bean gave his qualifications. Mr. Phillips asked if we were to subdivide for single family residences, how many single lots would there be. Mr. Bean answered approximately four (4), because of the 'way of the land'. Mr. Phillips then asked Mr. Bean about the values. Mr. Bean answered Lot 1 - $12,000.00 Lot 2 - $ 6,000.00 Lot 3 - $ 8,000.00 Lot 4 - $ 8,000.00 Mr. Phillips asked Mr. Bean how he arrived at these figures. Mr. Bean said comparable values in sales in the immediate area. Mr. Phillips also questioned Mr. Bean about duplex buildings. He then mentioned the 4 points of a use variance which he felt had been met. A petition with the names of 113 residents in the area was given to the chairman, all in favor of application. The following people were present and came forward in favor of the application: ~1rs, Miller- 617 Dixon Road, Mr. Pinkowski, Helen Drive, Mr. Ciamano, Mr. Dieffenbach 39 Heinrich Circle; Mr. Moon 110 Aviation Road, Mr. D'Amico 31 Heinrich Circle, Mr. Sokol, Helen Dr. Attorney Robert Stewart was present representing Mr. & Mrs. Burkich l29 Aviation Road. Mr. Stewart said that it has not been shown that this property is not suitable for residential use in addition to the failure to apply for a variance for inadequate parking. He then suggested that this be turned down. A letter from Mr. & Mrs. William Desbien of Midnight Drive in favor of application was read. Mr. Muller added that if this board were to approve this application, they would have to get some relief regarding parking or else they are stuck with the required spaces. Mr. Behr added that there has been no mention of the rubbish removal. Mr. Schutze answered that they do not use dumpsters. b Page 6 ~ Traffic flow in and out of the area was next discussed. It was suggested the possibility of consolidating the entry on Poplar and Dixon and opening out on the west side of the site. Mr. Schutze answered that this has been discussed with the neighbors. Mr. Turner added that traffic control was his main concern. Dr. Schutze said that they met with Paul Nailer of the Queensbury Highway Department and Mr. Scudder the Planning Board engineer. Public Hearing closed. Mr. Mills said that he would accept Mr. Phillips request for a variance pertaining to the parking and use it as part of his motion. Motion by Mr. Mills, seconded by Mr. Turner , all voting affirmatively RESOLVED THAT Variance No. 982 be approved. All requirements of a use variance have been met. This approval includes the oral request to amend application for the release from having to supply l4~'iri parking spaces. We do not feel this is onlyQhealth relatedfQ~ use variance is all we require. After,development if it is found more parking is needed, it will be proveded. Approved. Page 7 1 VARIANCE NO. 983 - Jim's Wines and Liquors - to mount a sign on existing Cumberland Farms sign pole in Highway Commercial 15 zone Main St. and Ryan Avenue. Mr. VamValis represented himself - He stated that at the present time people approaching his area from the West cannot see his store. With the sign on the pole it would be visible and this is the exposure he needs. Chairman asked how many stores in the complex and Mr. VamValis answered there are three (3) altogether. Mrs. Goetz added that if this was permitted it would be quite a bit, we should go by what is in the ordinance. Chairman added that he thought that this was a problem and that Mr. VamValis should have the relief he is asking for. Public hearing opened and closed. Warren County approved with modified version with condition that Cumberland Farm sign be modified. Mr. Dean explained that it was the County Board's feeling that given the total of the existing legal sign by Cumberland Farm and in combination with the proposed sign they would be close to the maximum allowed there. Mr. Sicard asked how long the sign would be lit at night. Mr. VamValis said until midnight. Motion by Mr. Sicard, seconded by Mr. Turner, it was RESOLVED THAT the Zoning Board approve Variance No. 983. The hardship being that there is no visibility from the West due to the encroachment of the neighborhood stores. Yes - Mr. Behr, Mr. Griffin, Mr. Turner, Mr. Sicard, Mr. Muller Mr. Mills No - Mrs. Goetz Approved. VARIANCE NO. 984 - Larry Gray - to operate a printing, research and development shop in an existing building located Suburban Residential 30 Zone east side Bay Road, 1/2 mile north of Haviland Road. Mr. Gray stated that he would like a use variance on the property which was formerly used by Reg Thomas and Northern Industrial Supply. This property is now owned by Manufacturers Hanover. They have tried to sell this as residential and have been unsuccessful. He added there would be no more than six (6) employees the first year or so. They also did not expect any heavy traffic and there would be no retail sales at the site. j Page 8 - Mrs. Goetz asked what size trucks would be coming in and out of the area. Mr. Gray said occasionally a tractor trailer but usually all there would be would be United Parcel Service (UPS). Mr. BEher questioned the proposed loading dock and that maybe it was an area variance that was needed. Public Hearing opened. Mr. Thomas Fake, concerned about increased traffic in the area. Also questioned if the property had been for sale. Mr. Edwards, owner of property immediately to the south was concerned about the ingress and egress onto Bay Road. Tupper Limbert owner of property in the area said that she has never seen a for sale sign on the property. She would like to see it remain as is. She also said that she would have probably have bought the property herself had she known it was for sale. Mr. Edwards also questioned the waste resulting from the printing business. Mr. Gray said the only waste is paper and some developing solution used to develop the plate. He said that he did not intend to do anything with the wet lands. If at all possible they would remain as is. The only thing he requests is to use the building and to make improvements on it. This business will not detract in any way. Mr. Harold Case was concerned about the chemicals. Ester Titas questioned the future growth and more employees. A gentleman whose name I could not understand, questioned the possible pollution of the wells in the area. Mr. Gray said there would be no problem with pollution and also no problems with the septic systems in the area. Ms. Limbert asked how much money he was going to spend on the building itself. Mr. Gray answered that everything he said to the beautification committee would be done. , Warren County Planning Board approved. Mr. Behr again showed concern regarding a loading dock. Chairman noted that he didn't feel that a hardship had been shown. 9 Page 9 Motion by Mr. Turner, seconded by Mr. Griffin, it was ~. RESOLVED THAT the Zoning Board of Appeals hereby No. 984 as a hardship has not been demonstrated. demonstrated that the property could not be sold use. denies Variance It has not been for residential (Yes vote to deny) Yes - Mr. Griffin, Mrs. Goetz, Mr. Turner No - Mr. Behr, Mr.Sicard, Mr. Muller and Mr. r1ills Motion denied. Variance Approved. VARIANCE NO. 985 - Donald J. Sokol - place addition to retail grocery store with less than the required 40 ft. setback from Dixon Road in neighborhood commercial 10 zone. Property located Dixon and Aviation Roads. Dr. Schutze came forward and said that this would certainly benefit the neighborhood. It would help control the traffic in the area. The cars use the present unused area as a thruway from one street to the other. Having this here will help control it. Beautification committee approved. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED that the Zoning Board of Appeals approves Variance 985 as this is a reasonable request and will improve the traffic situation in the areaa, the practical difficulty has been demonstrated. Approved. variance no. 986 - Caruso Enterprises, Inc. - to place a one- family dwelling with less than the required 30 ft. front setback in a single family residential 10 zone on property located Wintergreen Road. It was noted for the record that the foundation was already in. Mr. Griffin mentioned that the foundation lines up with the house on the ~ but not in the other direction. lJo r:-'if.- Mr. Sicard noted that there certainly was an error made but it wasn't intentional. Public Hearing opened. Mr. McCarthy noted that the line to the one side was 19' and the other side 22' but he did not object to the house. Jð page 10 ; "-" Glen Harrington added that he sold the lot to the people building the home. He had no objectio~s to the way it would be on the lot. Evelyn Harrington, a resident to the street behind Wintergreen Road was not in favor. Afraid if it is ok for one it would be for more to go ahead and do this and it would be approved. She felt that the ordinance should be adhered to. Motion by Mr. Muller, seconded by Mr. Sicard, it was RESOLVED THAT the Zoning Board of Appeals hereby approves Variance No. 986 as a hardship has been demonstrated, the mistake was an oversite, not intentionally done. This is the minimum that can be done to relieve the problem as the foundation is already in place. . Yes: Mr. Behr, Mr. Griffin, Mr. Sicard, Mr. Muller, Mr. Mills No. Mrs. Goetz Variance Approved. Motion by Mr. Griffin, seconded by Mr. Mills, all voting affirmatively, it was , " RESOLVED THAT the meeting adjourn. ~ ~V~ '--