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1986-05-21 1r CORRECTED COpy \........ ~1eeting of the':}lleen8bury 00ni ng Board of ~ppeal s held May 21, 1986 7:30 p~m. Present: Mr~ Behr, Mrs. Goetz, Mr~ Turner, Mr~ Sicard, Mr~ Muller and Mr~ ~elley. Nlr. Gr i t'fin Absent: 7irst item on the agenda was the approval of the April 16, 1986 minutes~ Motion by Mr~ Sicard, seconded by Mrs. Goetz, all voting a é'fi rr]lat i vely, it 'was RESOLVED THAT the minutes of the April meeting were approved as written~ OLD BUSINESS VARIANCE!'W. 1050, ,John DeiVIarco~ Letter from Mack Dean, Building and Zoning Administrator was read~ \........ "After thoroughly reviewing John DeMarco's area variance request and pertinent facts arising from the Appeals Board meeting of January 15, 1986, I believe this department was in error in re~uesting Mr~ DeMarco to obtain a variance to construct a dwelling to replace a cottage on family property at Rockhurst Road on Lake George: As you may recall, the basis for a variance re~uest was that there existed two principal uses on one zone lot 1.1 acres in an LR-1A Zone and, in order to expand, alter or enlarge a preexisting, nonconforming use, a variance would have to be obtained~ This line of thought is fine, as :far as it goes. J.Jooking deeper into the matter, one must consider t11.at only the "restaurant" and marina, as commercial uses, are preexisting ancl nonconfornÜng in a residential zone~ The cottage is a dwelling and is entitled to the same consiclerations of zoning regulations as any other d'Ñelling in a:Ücl residential zone, regardless of how often or how little it was "lived in" over a period of years. Once the use is establishecl and ia a uae permi.ttecl in a given zone, '- it remains viable. Even though the zoning lot size requirement may be increased and the d1.rrelling's use is only occasional ~ it is still a permitted use an(i no varia'1.ce is ~ necessary~ Should the Casa Bianca Restaurant wish to reopen or enlarge, a variance would be re1uired~ Given the above facts, I would formally request the Zoning Boarrl of ~ppeals to rescind its decision and regard the application I'd thdrawn~ II R~ Case Prime, Town Counsel, agrees with above letter. ~10tion by ~~r; Huller, seconded by ~1r ~ Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 1050, John DeMarco be rescinded. Rescinded: NBW BUSINESS V A1U~NCg NO ~ 1074 - Charles R. Card.er ,B'i tzgerald Road on Glen Lake - to add upper level to dwelling at less than the ~ required 50 ft~ shoreline setback in Single Family 'Residential 30 Zone. Represented by the owner, Charles Carder: NIr. Tur ner inquired if camp was recently purchased to which ~r: Carder responded yes in June 1985: Mr~ Behr asked if dimensional drawings were available. Mr. Carder showed board members said drawings. PuhlLc Hearing Opened.. Warren County Planning approved. Letter from Mr. Worker, neighbor, was read. Re approves of the plan. Public Heari ng Clo:3ed ~ "JIotion by r1r~ T\:elley, seconded by Mr~ Muller, all voting ~ affirmatively, it was RESOLVED THAT Variance tifo: 1074 be approved. The applican.t I ()4 2 ~/ has shoì.rrn practical d.ifficul ty. It will not be detrimental to the ordinance, they cannot build to the rear of the property. A.pproved~ V ~'RIANC-:~; NO ~ 1075 - Robert V ~ 1/{alker, west side West Mountain Road at Corinth 'Road intersection - to operate a Glass C (agr icultural) farm per Article 7, Section 7 :080 of Queensbury Zoning Ordinance on a 3 acre parcel in a Suburban Residential 30 Zone ~ 'Represented by the o'i'Tner, Robert Irlal1-cer. Questions arose as to the size of the greenhouse (40 x 25, 1 ,000 sQ. ft~). Under Class C (agricul tural) up to 300 sq. ft. is permitted. ~l so under Class C property must be 5 acres~ Property in question is only 3 acres. Mr ~ Sicard inquired how long Mr. 1Ñalker has Ii ved there and whether there were animals involved. Mr. ì'Ýalker stated he has lived there for 7 years and there are no animals on the premises; Public Hearing Opened. ~ Warren County Planning Board approved. A letter from Mr~ & Mrs; Jozlin was read. Mr. Jozlin's father owned this property before the vval ker' sand NIr :.\{: ~rs~ Jozlin totally approve of this project~ They live next door to this property at the present time; Pl.iblieHeari ng Closed. Application amended to read Class G farm, 3 acres +. Or,liaance requires 5 acres. The proposed use would include a 1 ,000 sq. ft~ greenhouse. Motion by Mr~ Sicard, seconded by Mr. Behr, all voting affirmatively, it was RESOLVED TH~T Variance No. 1075 be approved. This is a great use of the land and this variance is not transferable to any other people other than the family members. This approval includes Class C 11se 0 ê fanll of 3 acres + because the Ordinance requires 5 acres for this type of use~ Board \.....- is amending this Variance request to inclucle the erection of /4 ( 3 a 1 ,000 sq~ ft~ greenhouse. ~ ~pproved~ VARIANCE NO: 1076 - George Pfeiffer, Glendale Drive - to create a ~arcel of land wi th existing dwelling at less than one acre ,proposed 15,000 sq. ft~) and less than 50 ft~ side setback betì1'Teen cO!Ìl!l1ercial 11se and residential use in Plaza Commercial 1 acre zone~ Represented by Alec Moore: Mr. Turner asked what Hr. Pfeiffer's reason was for dividing the property~ 1'J[r~ Moore stated Mr~ Pfieffer is selling the house but wishes to keep the greenhouse~ T'1r~ Behr stated Mr. Pfieffer told him he is selling the house to reduce his debt to the bank: Public Hearing Opened~ Mr. Tom Martin, Glenview ~venue opposes the pla'1.. Property is becoming an eyesore to the rest of the property owners. Street is becoming very congested. ~ Barry and Kathy Schult live next door to Mr~ Martin~ They also oppose for the same reasons~ Letter read from Rohne Company. They have no objection to this plan. Warren County Planning Board approved without comment. Public Hearing Closed~ Motion by Mr~ Behr to deny, seconded by Mr. Muller, all lToGiag a::firrnatively to deny, it was RlTISOIN8D THA.'r Variance No~ 1076 be denied~ There is no practical di fficul ty proven~ It would be detr imental to the neighborhood to dilTidethis property any further. Denied: VARIANCE NO~ 1077 - Marcel Demers (Queensbury Automotive Center) TJafayette and Bank Streets - to place building with 45 ft~ front setback from Bank Street in lieu of the ~ required 50 t't; front setback in Plaza Commercial 1 Acre Zone ~ lð~ 4 Represented by the owner, Marcel Demers. ~ Mr~ Turner asked Mr; Boucher (the contractor) to explain how building was erected in the wrong place ~ T1J:r. Boucher explained that the stakes for the building line 'were hidden by snow~ Was not done intentionally, it just happened. Public Hearing Opened and Closedlrrith no p11òlic coraraent. Warren County Planning Board approved~ fJIotion òy Mr ~ ~',iuller, seconded by Mr ~ Sicard ~ all voting affirmatively; it was ~ESOLVED TH~T Variance No; 1077 be approved. Practical difficulty has been shown and a genuine reason given for the shortcomings of the building placement~ Approved ~ VARIANCE NO~ 1078 - Wayne Pelak (Imperial Motel) ~viation Road across from Aviation Mall - to place a S\rrirnming pool as accessory to motel in the side yard on lot with split zoning ~ - l'laza COI11I11eroial 1 A. and Urban Residential 5. B.epresented by Attorney Jim Davies and the owner, Ivayne Pelak. Mr~. Kelley asked how close to the pool the leech field will be; Mr ~ Pelak replied that the pool has to be plac8cl as shown because otherwise it will come in contact with the dry 'Ñells; Mr; Turner asked what would be <lone about shrubbery on the residential side; Mr~ Pelak said enough shrubbery would be added so neighbors could not see into pool area~ It lrrill also be fenced in; Mr~ Kelley questioned the amount of walkway around the pool (5' on 3 sic1es) .~JIr. 'Pelak said plan was changed to 3'. Mr~ Behr asked how many efficiency rooms there were in the cornplex.Mr ~ Pelak stated there were 14 total rooms in the ne'Ñ ad.clition aacl that 10 ;1Tere efficiency. ~ Mr~ Muller asked what the distance was between the westerly side of the pool and the easterly side of the blacktop. Mr. Jó.J 5 Pelak stated the clistance was about 4'. ",--". Mr; Kelley asked if a diving board was planned. Mr. Pelak said no~ Public Hearing Opened~ r\'[r~ Bruce brother of flrs. TJiapes, who lives next to the hotel~ Mr: Bruce said that Mrs~ Liapes feels there is a 50' setback la'w an<i that it should be enforcerl ~ f,'[r ~ Bruce also stated that Mrs~ Liapes feels this hearing should be delayed to give her time to obtain legal counsel~ She \,.¡as notified last Friday, which is legal ~ Attorney Davies stated he believed the property would be far noreattractive vrhen project is completed than it is now. There will be no clear view from the pool area to Mrs~ Liapes house~ Letter from Niagra rJIohawk read into the recor(l. "This letter is in reference to Niagra ~110ha\rr~ installing underground facilities to your new units at the rear of your property~ ~ ~ccording to the pr econstruction appl i(~at ion certificat ion of Niagra Mohawk's right-of-way. Sight preparation requirements for underground line extension, ì.rrhich you signed and was accepted by Niagra Mohawk, it states that underground right-of-way and easement be cÜe8.rell 0 r: tx'ee stumps, brush and other obstructions. In our discussio(L~ 0 f this right-of-way Niagra Mohawk did request that you remove and clear this area. You stated that you wanted to maintain the trees as much as possible~ Niagra Mohawk still insisted that the area be cleareri as much as deemed necessary in or<ler to maintain the 5' from edge of property also the center line of the right-of-way: During the installation of these undergrouncl fa(~iliticB Niagra 1VIohawk deviated from the 5' edge of property in order for you to maintain some of the trees in rIuest ion~ I hope that I have answered your questions concerning the installation of the cable with reference to the trees and brush~ If :y-ou. have any further questions or request additional information please contact me. Sincerely, Joseph ~'[ulcay, Consumer Relations Representative." '- JOY 6 /oS 7 ~ 1'1rs. Goetz stated ,she\vas concerned about the noise that can be generated by a pool atmosphere. Mr~ Davies stated that the hours of the pool\rrould be restricted to daylight hours only, which was also suggested by the Warren County Planning Board ~ Pool will be closed each day at dusk. Mr ~ Behr suggested that the Beautié'i(~ation Co!rrrrÜttee stipulations, if any, be followed 100%~ Mr. Pelak stated he had no problem with that request~ Mr~ ~elley stated he did not think Mr. Pelak was being fair to this board considering the fact that Mr: Pela..k stated on the applicatioathat a dravving to scale would be provided. That was not done~ Mr~ Kelley is concerned about the parking, where the actual septic syste1n is an!Ì also that the pool is not going to actually be where it is shown on the drawing they have~ Mr. ~elley also stated that Mr. Pelw( is aware of the Beauti ficat ion Commi ttee, because 0 r a previou.s variance he found out about it, and ignored it this time. Discussion follovrec1 orl'}Thether there was an oversight on Beautification Committee's part in notifying Mr. Pelak this tirn.e~ ~1r~ ~elley stated he u.nderstands the reason for a motel having a pool but that he has some reservations about the project~ ~ Warren County Planning Board approved but they modified. liThe applicant agreed to meet with the Beautification Committee and to limit hours of use by the pool to daylight hours. II 'Public Hearing Closed.; ~\~otion by Mr: Kelley to table, seconded by 1\1r . Muller , all voting affirmatively, it was ~ ttorney Davies said he wi shed to speak to the Itlot io n: He stated that the tabling of this motion would cause economic difficulty and that the drawings do show the essentials of the project~ The only consideration is the 35' setback~ RESOLVED THAT Variance No; 1078 be tabled for more i nforraation including accurate dral,vings, locating septic, driveways, etc~ This will also give applicant time to meet with the Beautification Committee~ rrabled. V ART MifCF.JI~O. 1079 - Michael Williams, 6 Applehouse Lane - to ............. construct an attached garage with less than the re~uired side yard setback in SI1burlJan Residential 1Ä.cre Zone. \.- Motion by Mrs~ Goetz to table until next month because applicant has not appeared, seconded by Mr. Turner, all voting affil'm!.,dively, it\,vas RESOLVED THAT Variance No ~ 1079 be tabled. Tabled ~ VARIANCE NO~ 1080 - Thomas & Ginger Spring, west side Bay Road south Walker Lane - to contruct a dance school in Urban Residential 5 Zone~ Represented by the owners, Thomas & Ginger Spring~ Mr~ Turner asked how many students time and what the hours would be~ to 12 students ancithe hours i,/{ould. to be finished by 8:30 p:m~ would be there at one Ginger Spring replied 10 vary but that she tries ~ Mr~ Behr asked what the nature of the land was~ Thomas Spring ansvrere(i that tbe lHW'k: part of the lot v'ms soggy but that the front is OK. Mr~ Behr asked where the parking would be to which Thomas Spring answered it would be to the side of the building~ Mr; Sical'd asked if there were plans to build any other buildings on this lot~ Thomas Spring said no. Mr~ Turner asked if Mr~ Spring was the present owner of this piece of property~ Mr~ Spring said Mr~ Mohler was the current owner; All of the lots along Bay Road are for sale. TJIr~ Turner wondered where the proof was established of no reasonable return on the property as Zoned: (UR-5) T'1r. ~~ohler stated the property has been Tor sale for :2 or 3 year s ~ Mr~ Kelley stated he was not sure that this board should :nake a (løcisio(l 0'1. putting a co(tllnercial business in an area that the Town has stipulated to be a residential type area. '-' TJong discussionfollo,^Ted on whether or not this business shoul(i be considered under the regulations for a school~ If this business, in fact, were considered a school a variance would not be needed; /0 to 8 ~ Public Hearing Opened. A letter from John McCaffrey, Tee Hill Road was read. He is concerned abou.t the wetland and thinks that DEC should be contacted to see if a permit is needed for this area. Warren County Planning Board approved: Beautification Committee approved~ "Buffer Zone to the south has some natural trees which will remain~ Upright Yews will be used in front of the building and other species; annuals and perennials, ",rill be useel betvíeen~ Grass will be used in front of building except for driveway and parking area~ Grollnèl cover\'rLll be laid cut out for plants covered by bark~" Motion by Mr~ Muller to table, seconded by Mr~ Behr, all voting affirmatively, it was RBSOLVBD THAT Variance l'fo~ 1080 be tabled. This Board also requests Town Counsels to determine if this dance school, as described, '#0111<1 be a permitted use un<ler the Site Plan Review Type II of the Queensbury Zoning Ordinance~ '\..- Tabled. VARIANCE NO. 1081 - Nathan Dickinson ,Tr ~, Hoc1-chllrst Road - to construct addition to dwelling at less than the required 75 ft~ setback from Lakeshore and place an existing open-sided boathouse at less than the reqllired side yard setback in Lakeshore Residential 1A Zone. Represented by the owners; Mr~ & Mrs; Dickinson~ ~\1r~ Dickinson explained that he Irrould like to take his boat off a mooring~ He feels he would be eliminating a navi gation hazard because of the heavy trafê:Lc in Sanlly 'Bay and it would also be more convenient for them; 'de also explained that you can't get a sailboat ÎJvith a 28' mast into an area that is only" 9' high: They llon't I.rrant to thr01,v the structure away" but would rather make renovations to the (nl.l ldL ng that already exi sts: ~r; Dickinson stated that shed on property does have bathroom but is only used for the lawnmower and tools~ '- Mr. Turner askeclwhere the septic systerll ví8.S i Q relation to /D7 9 ¡oJ 10 the house that is already there and the proposed addition~ Mr~ Dickinson stated it was at the back. '- ìJ[r ~ Behr stated he was concerne(i about the overexcessi ve use of the property and that there really is no hardship invol veda Long discussion followed on the o~her proposed building which will be a combination Recreation7Storage building. Public Hearing Opened and Closed vrLtih no pu..bli(J cOlnrnenL Warren County Planning Board approved~ Another long discussion followed on the Recreation/Storage bui Iding: ì·~otion ():y ~;1r~ T\:elley to approve~ seconded by 1'1r~ Sicard, two negative votes, Mr: Behr and Mrs~ Goetz, it was ~ RESOTJV-EJD TH~T Variance No: 1081 be approved as an area variance: Practical difficulty has been shown in that the requested setback will not interfere with access to the lake: It is not more (ietrimental than (3LLstin9 8.ccessory building~ This building is to be a recreation/storage building and is not to be habitable in any v:ra,Y ~ No sleeping allowed in ne'Ñ building. ~pproved~ VARIANCE NO. 1082 - H~ R~ Tyrer, Jr~ (Glenwood Manor) GlemTood';'venue/ Quaker Road - to place addition with 10 :ft. side yard setback on one corner in lieu of the required 20 ët: SUlt3 yarcl i3etback in Highway Commercial 15 Zone. Represented by Mr~ H~ R~ Tyrer, the owner and Mr~ Richard Jones the designer~ ì4:rs~ Goetz inquired if there was a master plan for this property: She understands that therernay be future plans for an auction house ~ T4:r ~ Tyrer replied that it was a possiblity but that they were not concentrating on that area as of this time; He is concerned with the plans to house rnore dealers at this time~ '-" ~'~r ~ Behr ask:ed abou t the parking~ ~1r; Tyr eX' stats'1 the rei s parking in the rear and that they also own 2~5 acres across the street; jð í 1 1 IJ[r~ Kelley asked~vhat the 'C'utllre buildLng vrould look like. '-" Mr ~ Jones showed the design plans for the future 1)uilding which show the addition of dormers and more windows. Mr. Jones stated they are trying to keep the aesthetics of the building the same~ Mr~ Behr asked what would happen to the large tree on the property ~ 1\lr ~ Tyrer stated they \rrere avoiding taking clo\rrn any of the trees on the property~ ì!1rs~ Goetz stated one of her concerns was the sign on Qua.ker 'RoacL vIr ~ Tyrer stated that the sign was OK'd by the Warren County Planning Board~ Mrs~ Goetz stated her concern was the sign that was proppecl up on the êronl; 0 ï: the property. TJIr ~ Tyrer stated that sign would definitely be taken do\"'n~ One sign 'will handle all of the facilities: Mr: Muller inquirerl about the area that is sho\rrn for parking of 48 autos~ He wondered if it was all filled in~ (Area across the road~) Mr: Tyrer st~ted that at the present it is being filled and that it will all be landscaped and 1')eautified probably by the middle of this year ~ Area also to have split rail fencing around it~ This area is situated over 100' from Halfway Brook~ ~ Public Hearing Opened and Closed. with no pl.:tblic CO!ilIaent. Warren County Planning Board modified: "Conditionth~t parking be prohibited on the opposite side of Glenwood and be required in the rear of the building~ And. that the area currently being filled with construction debris and asphalt cease anti be properly landscaped:" ~~r ~ Behr asked if Mr; Tyrer was aware that the Warren County Planning Board is saying that he cannot use the piece of property across the street for parking~ Mr. Tyrer asked why and Mr. Behr responded that was a question which should have been brought up at the Planning 130arcl T1eetLng: ~'tr ~ Tyrer said he did not attend that meeting because he was not aW8.re there was one~ TJIr: Behr stated he thought it might be considered a safety problem: NIl": Turner stated that this Board does not necessarily have to agree with the County Boarcl: TJong discussion followed on the traffic problsillS on the corner of Quaker and Glenwood and the proposed parking area across the street from the antique shop: '-' 110 1 2 one negative vote, Mr. Behr, it was ~ Another long discussion followed on the various problems of the parking area across the street. RESOLVED THAT Variance No~ 1082 be approved~ Practical difficulty proven is the proximity of the Niagra Mohawk right-of-way on the eastern sideline. Parking conditions mentioned by the Warren County Planning Board will not apply~ Ingress and egress boundary will be 45' from the Niagra Mohawk right-of-way boundary~ Ingress and width will be 25'~ Agreed upon psrking will be across Glenwood Avenue from the ~ntique business. Approved~ VARIANCE NO ~ 1083 - Daggett's Vending, Inc ~, '''estern Avenue/Quaker Road - to use former church building for offices/storage to expand an existing business in Urban Residential 10 Zone~ Represented by Mr~ Richard Mason from Daggett's. Mrs~ Goetz asked if the church had moved. Mr. Mason stated they had moved to Nelson Street. ~ Mr. Kelley asked if the building were being leased. Mr. Mason stated the church still owns the property and that Daggett's wanted to get the Variance first before purchasing the property. Mrs~ Goetz asked if the building would remain the same. Mr. Mason stated that improvements will be made to the building al though a timetable for improvements has not been set ~ Public Hearing Opened. A letter from Laura Brown, who opposes the project, was read~ ~ letter from Leona Crosby, ì.rrho also opposes the project, was read~ Warren County Planning Board approved. Public Hearing Closed. \..,.-, Motion by Mr. Sicard to approve, seconded by Mr. Turner, all voting affirmatively, it was //1 13 ~1otion by ~1r: Sicard to approve, secon(led by :'\ir: Turner, all voting affirmatively, it was \...--- RESOLV:ED THAT Variance No ~ 1083 hardship has been demonstrated~ commercial and this will not be neighborhood~ be approved~ Unnecessary Surround! rlg neighboi~hoo(lL G detrimental to the Approved. VARIAìTC1~ NO~ 10:34 - Shen¡in \Villiams Co~ ~ 709 Upper Glen st~ - to install sign on existing plaza pylon or a new free-standing sign in Plaza Commercial 1 A Zone: Represented by Mr~ James Dier agent for Sherwin Williams. r1r~ Dier explained that Sherwin Williams dià. not want to wai t :for the ne1rr si gn ordinance because they have had an 18~9~ drop in sales recently~ ~1rs: Goetz stated that she would like to see 1 ~3ign for all the stores in that area: Warren County Planning Board disapproves: \.- Motion by Mr~ Behr to deny, seconded by Mrs~ Goetz, all voting a:êfirinatively to deny, it Ivas RESO:LVED THAT Variance No; 1084 be denied. It ",multi be detrimental; All signs must comply by August, 1986. Denied T1otion to adjourn meeting at 12:00 a:m: by ]'vir; Sicard, seconded by Mr; Turner; all voting affirmatively, it was RESOLVED THAT the meeting adjourn~ \..-'