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1985-08-21 3/ "- Regular meeting of the Zoning Board of Appeals for the Town of Queensbury was held Wednesday, August 21, 1985 at 7:30 P.M. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard and Mr. Muller Absent: None Chairman Turner called the meeting to order at 7:30 with the first item of business being the approval of the minutes of the previous meeting. The following variances had corrections and were corrected at the time by the secretary. Variance 977 -(2); Variance l005~ Variance 1006, Variance 1007 and Variance 1008. Motion by Mr. Behr, seconded by Mrs. Goetz, all voting affirmatively it was: Resolved that the minutes of the meeting held July 17, 1985 are hereby approved subject to corrections noted on original minutes. OLD BUSINESS - Variance No. 1009 Arthur J. Buckley, Hillman Road, Cleverdale, NY Represented by Attorney Mark Schachner - Attorney Schachner stated that this is a request for a area varience to construct a new permanent residence in place of the present camp. He added that swales would be installed along both property lines and will be drained towards Lake George. There will be no drainage problem from the Buckley property onto the neighbors. Mr. Schachner mentioned that it was his opinion that the Buckleys had met the 4 criteria for this request. Mr. Schachner introduced the engineer involved ~r. Cotton. Attorney Stewart was again present representing the property owner Charles Lock. He mentioned that he had no chance to examine the plans as they were not available when he called during the day. He mentioned the continual problem of water in the immediate area. Mr. James Ingles another neighbor also spoke about the continual water problem. Attornev Schachner added that the plans available here tonight were no-rendering or sketch. This is in fact a too scale plan by a licensed Professional Engineer who is present to answer any questions. He added that the septic tank would be replaced with a new improved system that will meet all requirements. ~ Mr. Cotton next described the gutter system. Mary Lock requested time so that they could have their own engineer look over the plans and answer their questions for them. 32 Page 2 Zoning Board It was suggested that this matter be tabled again for 30 days to allow Mr. Stewart's clients to have the plans and have their ~/ engineer examine them. Public Hearing closed. MR. Sicard added that this request seemed to be fair. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance 1009 be tabled for the next Zoning Board Meeting to give the neighbors involved a chance to look over the plans and have an engineer check them. All plans are to be presented by the next meeting. Approved. NEW BUSINESS: VARIANCE NO. 1010 - William RO~s, Bay Parkway Assembly Point To construct a one-family dweì1ing with less than the required setback. Represented by Edward Carr. Mrs. Goetz asked what the other building on the property was. Mr. Carr said there was a boathouse. Mrs. Goetz asked when the dock was erected and Mr. Carr said approximately 1975. Mr. Behr asked if the structure could be 'pivoted'. Mr. Car answered originally it was located 15' off the south property line but the problem was the property owner to the North has the Wisconsin Mound system and they would end up next to each other. Public Hearing opened. Attorney Robert Stewart said he was immediately to the north of this project and he had examined the plans very carefully and had no objection to the proposed plan. Mr. Lester neighbor to the south also had no objection. Warren County Planning Board approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance No. 1010 is hereby approved. The location is the most compatible for the area. This is an undersized lot and proposed house will be compatible to other dwellings to the north and south. Approved. 33 Page 3 Zoning Board .'-- VARIANCE NO. lOll - Marc Pratt - To add an additional apartment in existing dwelling on property not meeting lot size requirement for a duplex. Property located corner of Boulevard and Quarry Crossing. Mrs. Goetz asked if there was an operating business there now. Mr. Pratt said yes and there is a house on the property Mr. Turner asked the distance on the west side from the road to the house. Mr. Pratt said there is 20'. Mr. Behr asked if the apartment would be going in upstairs and Mr. Pratt said no it will go where the existing business is now. Public Hearing open. Clarence Krause said that he has talked with Mr. Pratt and he has no objections. He only concern was that the existing business be eliminated. Mr. Muller added that that was what was indicated by Mr. Pratt. Mr. Krause said that Pratt is not the owner of the building, how can he ask for the variance and not be the owner. Mr. Pratt answered that he is legally the owner and if this is granted, the building and property will be in his name. Warren County Planning Board approved. Motion by Mr. Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance 1011 be approved as the applicant has demonstrated practical difficulty in that the lot is undersize for duplex use. The elimination of the business would make an improve- ment to the area. Approved. VARIANCE NO. 1012 - Boats by George, Inc. - to construct a storage building with less than 50 ft. required setback from residential use on property situated south side Route 149, 400 ft. east of Rt. 9. Mr. Pensel represented himsef. Mr. Turner asked if this would be for winter storage and Mr. pensel answered for both winter and summer. '"\...~/ Mr. Muller mentioned the Northern Home Variance and the possibility of it being similar. Mr. Dean said it is only the residential use that brings this here 31 Page 4 Zoning tonight. ~ Public Hearing open and closed. Warren County Planning Board approved. Motion by Mr. Muller, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. lOl2 be approved. Practical difficulty has been shown a 50' side set back from the Peacock Estate has been granted. This is a pre existing nonconforming use in a highway commercial zone. Approved. VARIANCE 1013 - J. R. Sousa & Sons, Inc. - to place a price sign size 4 ft. by 5 ft. on existing free standing sign in neighborhoon commercial zone. Property Aviation and Dixon Roads. Represented by John Cary. Sign Variance request. Public hearing opened and closed. Letter from the Queensbury Beautification Committee read. Mr. Sicard asked if there would be any lighting on the sign and Mr. Cary answered no. Motion by Mr. Sicard, seconded by Mr. Behr, all voting affirmatively RESOLVED THAT Variance No. 1013 be approved as this is the most appropriate sign for the area and the other signs will be removed. Approved. VARIANCE NO. 1014 - Donald Kruger - to construct a duplex dwelling on lot with less than 10,000 ft. in Urban Residential zone on property west side Meadowbrook Road, north of Cronin Road. Mr. Kruger represented himself. He said that his plans called for duplex buildings with one bedroom units with brick front. Mr. Sicard asked how he would overcome the water problem in the area. Mr. Kruger said he was planning to bring in fill and that this particular building would not have a basement, it would be on a slab. ........, " Mr. Muller asked if each unit would have just the one bedroom and Mr. Kruger said yes.. ',-- Mr. Turner had concern regarding the septic systems and parking. Mr. Kruger said that parking would be to the front and sides of the buildings. 35 Page 5 Zoning Board '---- Public Hearing open. Mr. Piper neighbor across the street said he didn't feel the lot is the right size for this and also concerned about the drainage. e \.i II is David W!ll~c neighbor to the south concerned about septic system and fields. Mr. Kruger said the septic system would be in the front in the event of a future main Town system. Mr. Sicard added that you certainly can't park over a system or a leach field. Mrs. Goetz asked if parking could be put to the rear and Mr. Kruger said possibly. Public Hearing closed. Motion by Mr. Muller, seconded by Mr. Behr, it was RESOLVED THAT Variance 1014 be approved with the understanding that he is building duplex on undersize lot and in every other respect will meet requirements of the ordinance. Yes - Mr. Behr, Mr. Sicard and Mr. Muller No - Mrs. Goetz, Mr. Griffin and Mr. Turner A tie vote results in a vote to deny. Denied. VARIANCE NO. 1015 - John G. Norton To erect residences with less than one acre required lot size in Lakeshore REsidential 1 Acre zone property pilot Knob Road and on Lake George. Mr. Norton was represented by Attorney Michael O'Connor Mr. Behr asked the total square footage of land in the Town of Queensbury. Mr. O'Connor said 1.69 acres. He then showed pictures of the property and existing buildings to the board. He said there are three (3) existing buildings on the parcel of land. We do not plan to change the density but to upgrade the character of the neighborhood. - 30 Page 6 Zoning Board "'---- We would be replacing three (3) falling down structures with three (3) new ones. Mr. O'Connor was asked if this in fact creates three (3) in- dividual owners and he said it does. Mr. O'Connor also said that Ray Buckley has done tests there so he can design systems for the lots to comply. He also spoke about deeded rights and shore frontage involved. Much discussion revolved around the survey done by Richard Bennett and the "high water mark". Mr. Turner asked who maintains the existing road and Mr. O'Connor answered the Town. Mr. Griffin also showed concern regarding the proper measurement of the~shoreline. He said what shows is very misleading. The _ ~¥~A....footage of each .proposed lot was discussed. Public Hearing Open Attorney Bernice McPhillips, representing Mary Heidorph, concerned about access. Mrs. Heidorph objects to the plan. She is concerned because of the over use of the property. There should only be one (1) house, not three (3). Attorney Austin Hoffman, representing Dr. & Mrs. Kahn. He spoke about the shore line measurements and the 1 acre lot in this particular zone, suggested the variance should be denied as no specific practical difficulty has been shown. The following also came forward in opposition to the variance request: Harold Haywood, Helga Stutz, Mr. Scoville, Lillian Paris, Shirley Armstrong, Albert Carpenello, Robert Stutz, Michael Hyde LGA. Bob Rourke, Bert Anthony, Mrs. Anthony, Kit Cornell. Mr. O'Connor once again made reference to the shoreline survey saying that it was done according to all the rules and there is 200.94 square feet of waterfront. Warren County Planning Board approved. Motion by Mr. Turner, seconded by Mr. Behr, it was RESOLVED THAT that Variance No. 1015 be denied based on the fact that the variance would be detrimental to the purpose of the Ordinance and the property in the district in which the property is located. The land can be used as zoned and can be used as Lakeshore Residential 1 acre zone. --." Yes vote is to deny Yes: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard No: Mr. Muller Denied. 31 Page 7 Zoning Board ./ After the voting on Variance No. 1015, Attorney O'Connor questioned or took exception to the Chairman of the Zoning Board making the motion to deny. 3? Page 8 Zoning Board VARIANCE NO. lOl6 - Ellis J. Sharkey, Jr. to replace porch with larger porch with less than required 75 ft. setback from lakeshore in Lakeshore Residential 1 Acre Zone property west side Assembly Point Road on Lake George. Mr. Sharkey represented himself. He said he had to repair the present porch and would like to expand it two ft. to make it more livable. Public Hearing open letter in support from Mr. & Mrs. Halem Young. Public Hearing closed. Warren County approved. Motion by Mr. Behr, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Variance No. 1016 be approved. There will be no adverse affect on the neighborhood. Two (2) extra feet will in no way present any problems. Approved. Motion by Mr. Sicard, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT THE MEETING ADJOURN. l2:05 a.m. I ð:~~ "-