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1986-07-16 /d7 CORRECTED COpy "'-"' Meeting of the Queensbury Zoning Board of ~ppeals held July 16, 1986 7: 30 p. m. Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr~ Sicard, Mr. Muller and Mr. Kelley. First item on the agenda was the approval of the June, 1986 minutes. Motion by Mr. Behr, seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT the minutes of the June 18, 1986 meeting are hereby approved subject as corrected. OLD BUSINBSS: VARIAN'Cm NO. 1097, Henry C. Knoblauch & Sons, Inc., E/S Connecticut Avenue. ',---, Chairman Turner announced that Variance No. 1097 would be tabled until the, ~ugust meeting. Tabled. V ARIANCE NO ~ 1098, Charle s and Barbara Ingraham, Sunset Avenue. Represented by the owners, Charles and Barbara Ingraham. This Variance was tabled at last months meeting for more information~ Barbara Ingraham stated that they had checked with Mrs. Clume's son and that they were definitely not interested in selling any of their property at this time and that they were, in fact, in the process of buying Mr. Liapes' two lots. Motion by Mr. Muller, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THNr Variance No. 1098 be approved. The applicant has demonstrated a hardship in that they cannot build a "-.. single family residence on this narrO\ll preexisting lot. They have also determined that they cannot purchase surrounding 2 /~I lots. ~ A.pproved. NEW BUSINESS: VARIANC!~l'ifO. 1099 - Karen A. Shevlin, 220 Fifth Street Extension - to construct a one car detached garage with 3 ft. side setback in lieu of the required 10ft. side setback in a Urban Residential 10 Zone. Represented by the owner, Karen A. Shevlin. Mr. Turner asked how long Karen Shevlin has owned the property~ She stated that she has been there for 2 years. Mr. Turner asked if there were a reason why the garage could not be moved 5 ft. to the right in back of the house. r~r. Behr interjected that the garage must also be 10 ft. from the house. Karen Shevlin said that would be alright. Public Hearing Opened and Closed with no public comment. ~, Motion by Mr. Behr, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Variance 1099 be approved. Practical hardship is the narrowness of the lot. Side setback will be 6 ft. instead of 3 ft. A.pproved ~ VARI~~W]!} No ~ 1100 - Glen Square, Nigro Real Estate, Route 9, Glen Street - to place an oversize directional sign and to place an oversize shopping center sign showing tenants names in Plaza Commercial 1A Zone. ~epresented by the owner, John Nigro: Mr. Turner asked if Mr. Nigro wa.s aware that all signs must comply by August 14, 1986. Mr. Nigro made no comment. Mr. 1'\fi gro stated that at present the Glen Square complex does not have any signage. '- Long discussion followed on the type of signs, the placement of said signs and the traffic patterns of Route 9. .,,--, ~rs. Goetz asked why they needed an 80 sq. ft sign. Mr. Nigro stated that the experts say they need a large sign for readability of the Southbound traf'fic. Mr. Griffin asked how high the sign would be. Mr. Nigro stated that the sign would be 10 ft. Mr. Kelley stated that if a 50 sq. ft. sign were put in it would still be effective. Mr. Nigro stated that the bigger the sign the more money he would have to spend. All he is looking for is rea(iability at a distance. Mr. Muller stated that the way the property is situated is unique and that perhaps two signs would not be unreasonable. Mr. Muller asked Mr. Nigro if he knew anything about the status of the placement of a traffic light on Route 9. Hr. Nigro answered that he was in the offices of the Grand Union Company on Monday and that they had received a letter from the Department of Transportation outlining the plan for the traffic light. The request for permission to install a traffic light was delayed until the state completes a widening of the Easterly side of Route 9. The Grand Union believes that the traffic light should be installed by October of 1987. ~ Public Hearing Opened and Closed with no public comment. Warren County Planning Board disapproved and modified with conditions~ The recommendation for the approval of the second free-standing (Glen Square) entrance sign (18 sq. ft.) was OK but they recommended ¡ienial of the 80 sq. ft. sign as well as store identification signs. Motion by Mr. Kelley, seconded by Mr. Muller, all voting affirmatively, it was RESOLVED THAT Variance No. 1099 be approved with stipulations. The Glen Square pylon sign would conform to 50 sq~ ft~ including the names of the four tenants. The names of the four tenants have to be incorporated in the total 50 sq. ft~ The location is unique with definite site problems~ Glen Square entrance sign as proposed would be approved. Approved. VARIANCE NO. 1101 - Richard P~ Mechanick, VaQDusen Road - to "-' 1~1 3 \.-, place a mobile home on lot outside zone designated for single site mobile home placement in Suburban Residential 20; Represented by Barbara 'Eggleston. Mr. Turner asked if it was a modular. Barbara Eggleston replied that it was a double wide. Wlr. Behr asked if there was a fire hydrant on the property. Barbara Eggleston replied no there was not. Mr. Griffin asked if the lot had city water. Barbara Eggleston replied that there was a well on the property. Public Hearing Opened and Closed with no public comment. Motion by Mrs: Goetz, seconded by l\~r. Sicard, all voting affirmat i vely, it was RESOLVED THAT Variance No. 1101 be approved. The hardship is that the area is surrounded by mobile homes and that it is adjacent to a large planned mobile home site. ~ Approved~ VARIANC'E NO~ 1102 - Bass Shoe Factory Outlet, Queensbury Plaza~ This Variance was tabled until the August meeting. Tabled. VARIANCE NO. 1103 - Howard W. Fischer, Jr., Route 9L (Upper Rid ge Road) - to co ntruct a 22 ft. x 20 ft. garage in back yard with a 10 ft. side setback in lieu of the required 20 ft. side setback in a Rural Residential 5 Acre Zone. Represented by the owner, Howard W. Fischer. Mr; Turner asked if Mr. Fischer could live with a 12 ft. side setback. Mr. Fischer said that was OK. Public Hearing Opened and Closed wi th no public comment. --- Warren County Planning Board approved~ Motion by Mr. Turner, seconded by Mr. Griffin, all voting /30 4 /3/ 5 affirmatively, it was ~ RESOLVED THAT Variance No. 1103 be approved. Because of practical difficulty, as mentioned in the application, that being to avoid cutting off access to the backyard. The proposed garage will have a 12 ft~ side setback instead of 1 0 t't. .I\pproved: V~BI~NCE WOo 1104 - Bradmark Broadcasting, Country Club and Sweet Roads - to install a 180 ft. AM radio transmission tower in a Single Family Residential Zone. Represented by Attorney Mark Schachner and the owner of the radio station Mr: Don Heckman. Atty. Schachner stated that the to'werwould be a neutral gray color ~ Mr~ Behr asked if the tower would need an underground grid. Mr~ Heckman said yes and the size of the grid would be 300 ft: in one direction and 350 ft~ in the other as prescribed by the FCC. Mr. Heckman also stated that the grid would have no effect on television or radion reception in the ~ ar e a. The tower will sit 175 ft~ in from the edge of the property. Atty~ Schachner stated that this parcel of land is extremely wet and that it would not have an affect on the neighborhood other than visual~ It is the intention of the owner to keep this area wooded to act as a buffer~ Mr. Griffin asked if the property has been for sale. Atty. Schachner stated that it was for sale for some time wi th no takers for single family residential. Mr. DeSantis and Mr. Galloway purchased the property recently. Mr. Behr asked if any other locations are being checked into~ Atty. Schachner stated that yes they had but felt that this was the best location for the tower. Mr~ Behr asked if anything other than the tower would be put on the property~ Atty~ Schachner stated that there would also be a transmitting house. \...- Long discussion followed on the placement of the tower in town and the FCC rulings on the procedure. "--' Public Hearing Opened ~ Mr. Bob Blanchard, 49 Sweet Road. Mr~ Blanchard thinks it will definitely devalue his property. Mr; Ron Mont isi, 18 TJIeado'w Dr i ve, Councilman for Ward 2. Both the business that wants to establish itself and the neighbors are in his ward~ Mr~ Montisi stated that he and Fran Walters have had discussions with Mr. HecKman about a possible location for his business and tower. Mr. Montisi stated that up until 10 years ago Sweet Road had several mobile homes on it and at that time was going downhill. It was not a goo{l part of town: In the last 10 years that has 'reversed itself. Property in that area does have water problems but they are not insurmountable. The area is comi ng back and it is 1JIr. Mont isi' s hope that it stays that way. Mr. Peter Tarana 27 Edgewood Drive. He believes that it will definitely lower property values. He also wonders just how much of the wooded area can be kept intact when the grid system is installed. ~ Mr~ Bill Bishop, 39 Sweet Road. Mr. Bishop stated that he works for a construction company and is familiar with construction of single family residences and he believes that the piece of property in question could be 11Seò. for a single family dwelling. Alice Linscott, 23 Edgewood Drive~ She opposes the project because she feels it will devalue her property anrl she feels that it also imposes a hazard to children. The property was zoned single [ami ly anrl she feels that it should remain so ~ Mr. Scott Solberg, 18 Edgewood Drive~ He also feels that it vvould devalue his property and that it will be a visual eyesor e. Mr. Steve Dougherty, 14 Edgewood Drive. He said that he would not enjoy looking at this tower all the time. Mr. Dan Valenti, 60 Sweet Road. Mr. Valenti stated that he offered to purchase this piece of property two years ago. He wanted to purchase this property to protect himself since it is next to his property. Mr. Valenti is the developer of \...- 6 /12. 7 /33 "-' Country Club Estates and he stated that he 1')elieves he could put a house on this lot. He also stated that the Dept. of Environmental Conservation would be interested in this project and ìrrollld not go along with it because this particular piece of wet property feeds Halfway Brook. Mr. Valenti stated he has four additional lots in this area and that they are not for sale at this time. Jenny Rodriguez, 16 Edgewood Drive: She has lived here for 9 years~ She stated that all the people in this neighborhood try very hard to keep their property nice and that this project would hurt the neighborhoocl very much. Mr~ Robert Weidenberg, 6 Edgewood Drive. He opposes for a number of reasons already given~ Mr. Robert Griffin, 4 Edgewood Drive. He stated that 20 years ago he started E<igewood Park for residential purposes. Be wants to keep it as it is~ .~, Pat Krum, 60 Country Club Road. She stated that she has a substantial investment in her piece of property and that no matter how unobtrusive someone tells her this tower is going to be she still has to get up in the morning and if she looks out her window she will have to look at it. She stated she has four children ancl is concerned about the safety factor for them as well as all the other children who use the bike path. She sees absolutely no advantage to the Town to ¡rraive this Variance. She sees no advantage to this tower other than the owners making a lot of money. Laura Mitchell, 8 Edgewood Drive. She has lived there for 5 years and she stated that she just wanted to support her neighbors in the opposition of this project~ Sharon Kelley, 10 Edgewood Drive. She believes that it would be very obtrusive to the view she now enjoys~ Liz Valenti, 60 Sweet Drive; She stated that the Town has stated in no Qncertainterms the direction it wants to go by imposing the Recreation fee: She believes that by passing this Variance it would be a <Erect contradiction to what the Town Board has already stated; Betty Noordsy, 12 Edgewood Drive. She opposes for the rea¡30ilS already gi vena Mr~ Gary O'Connor, 37 Edgewood Drive. He feels the same way ,~ \ "-" 134f 8 all the rest of his neighbors do~ He strongly opposes this project~ ,~ "---' r',~ary ,Jane Solberg, 13 Ecigewood Drive. She believes it will lower her property values. Mr: Jerry Welcher, 41 Sweet Road. He stated that he moved to Queensbury a year and a half ago assuming that the Zoning laws would be strictly enforced and consistent. He WOQld like to see 'this area maintained the way it is. Mr. \velcher also stated that since hardship has to be proven he would like to know what the hardship is? Public Hear ing Clo se(l ~ At this time Attorney Schachner stated that Bradmark Broadcasting would like to respectfully withdraw the application for Variance at this time: VARIANCE NO. 1105 - Gretchen Sunderland and Keith Wrigley, Country Club Road - to construct a physical therapy fac ili.. ty in a Urban Residentail 5 Zone. Represented by Atty: Robert Kafin and the owners Gretchen Sunderland and Keith Wrigley. ~ Mr ~ Turner state(l that l'{r. Kafin has asked for an interpretation of the Zoning Ordinance pertaining to the piece of property. There is a letter in the rile from Atty. Kafin which was read~ To The Town of Queensbury Building Inspector and Zoning Board of Appeal s: We represent Gretchen Sunderland and Keith Wrigley the contract vendees of an approximately 4.5 acre parcel of land between the Warren County bikeway and Country Club Road immediately to the North of the bikeway parking lot. The Northern border of the parcel is 300 ft. South of Sweet Road~ The entire parcel is Zoned Urban Residential 5. Our clients wish to start a physical therapy facility on this property: We believe that such a facility is a use permitted in the TJR-5 Zone with Type II Site Plan Review and l)y this letter we are asking the Zoning Board of Appeals for an interpretation of the Zoning Ordinance to confirm that our belief is correct~ In the event that the Zoning Board disagrees, then we are applying to the Zoning Board for a \.....-. /35 9 Variance to alloì.rl the use of the property by clients for their facility~ ~...-.... ~ The facili ty our clients wish to site is a one story building of approximately 3,500 sq. ft. with approximately 30 parking spaces. The building would be used to conduct the following activi ties; fitness classes, bad back classes, arthritis classes, pregnant women classes, nutrition counseling,\lIforkshops on stress management, weight control programs and other activites to improve human health and well being~ Within the building would be space for these acti vitiesto take place including a therapy pool, rooms for physical therapy equipment and exercise floor, etc; Staff would include a physical therapist, exercise physiologist and others trained in physical fitness~ Under Section 4;020-d (2) of the Zoning Ordiance "health related facilities such as out-patient clinics, laboratories, physical therapy facilities, etc." are allowed in the UR-5 Zone with Type II Site Plan Review. Our clients proposed use seems to fit this definition and we respectfully request that the Zoning Boar(l concur in 011r interpretation of the Zoning Ordinance; ~ Mr~ Turner asked Atty: Kafin what the relationship of the clients to this application would be other than being a contract vendee and are they registered to practice. Atty. Karin stated that Gretchen Sunderland is a individual with a ~1aster' s Degree in exercise physiology: As far as Atty. Kafin is aware there is no licensing program for physiologists of this type in the state of New York. staff however, there are people who do hold licenses practice their professions such as registered nurses physical therapists: On the to 8.tld Mr~ Behr asked if this were just glorified aerobics. Atty. Kafin stated that he (lid not think it would be fair to eharacterize it that way. Atty~ Kafin stated that approximately 16 physicians in the area prescribe therapy at Miss Sunderland's business as part of their prescription for the treatment of various kinds of physical ailments. This is not a dance studio or a recreation club but a genuinely professional facility to provide physical therapy of a variety of kinds for people with a variety of different types of ailments as well as practicing some preventative activities; Mr~ Behr asked for a definition of what exactly a physiologiJJt is; ~vU8S Sim<1erlan(l stated that she has a ~JIaster' s Degree in Exercise Physiology and that it is a fairly ne1rr field; It is the study of kinesiology which is "--- 10 13(, '--- . ~ the study o.c' physics of movement and nutri tional aspects of fitness~ Miss Sunderland stated that this degree is one step òeyoncl a physical therapist degree~ She also stated that she has an undergraduate degree in kinesiology~ - Mr. Turner asked if down the road TvTi ss Sunderlan(l ì.rroulcl be getting into anything such as aerobics. Miss Sunderland stated that aerobics is also a part of the program now. She also stated that they would like to get into cardiac rehabili tation~ Long discussion followed on whether or not this should go to the Planning Boarcl for a Type II Site Plan Review. Although no public hearing had to be held Mr~ Turner allowed several of the neighbors to give their opposition to this project~ f10tion by ~J[r; T>1:uller, seconded by Mr: Sicard, one negative vote (Mrs~ Goetz), it was RESOLVJ~D THAT Variance No. 1105 be sent to the Planning Board for Type II Site Plan Review~ This is a motion in support of the proposition that the proposecl project is one that requires a UR-5 Site Plan Revieì.rr Type II t1.se by the Queensbury Planning Board. ,-. Approved~ VARIANCE NO ~ 1106 - C. G.\100dbury & Son, Inc., 679 Upper Glen Street - to plac e an addition with a 16ft. front setback in lieu of the required 50 ft. front setback in a Plaza Commercial 1 A Zone~ Represente(l hy Wooclbury representative Ted Bigelow. Mr~ Turner asked if the height of the present building would be maintained; Mr; Bi gelo\Ñ stated yes: Mr~ Turner asked how many additional offices were proposed. Mr~ Bigelow stated the entire project would be an open office space with moveaòle partitions: This will be an expansion of the bookkeeping department and some executive offices; ì1r ~ Bigelow descrihed just how the proposed building would sit on the property and the landscaping of the area. ,~ 11 /37 Public Hear ing Openecl and Closed wi th no pl1b 1 ic COnlr11e nt. Warren County Planning Board approved but modified with '--' condi tions~ Stipulation that applicant in their landscaping plan eliminate all parking along front of the building~ The Queensbury Beautification Commi ttee also had the same stipulation as the vlTarren County Planning Board. Motion by Mr~ Griffin, seconded by Mrs. Goetz, all voting affirmatively, it was RESOLVED THAT Variance No. 1106 be approved. The applicant has demonstrated practical difficulty. This is the logical place to expand their office space: Thi s is a reasonable request~ The Queensbury Committee for Community Eeautification and Warren County Planning Board stipulation ì.dll apply ~ Approveò.~ VARIANCE NO~ 1107 - Richard and Christine Mozal, Fitzgerald Road - to place a deck with less than the required front and side setbacks in a Si ngle Fanlily Residential 30 Zone. ~ Represented by Attorney Michael O'Connor~ Mr; Eehr stated that this deck was, in fact, already there. Atty~ O'Connor stated that it was~ Atty~ O'Connor apologized for the fact that the deck was alrea(ly there ~ The deck was built in the summer of 1985 by the applicant~ Atty. O'Connor stated that the applicant was not mrrare that he needed a variance to build this deck. Atty. O'Connor stated they have no legitimate excuse but that it was an honest mistake. The neighbors do not object to this deck~ (Petitions presented) The deck is not very visible from the lake~ Mr~ Griffin asked if a building permit had been issued for this deck~ Atty. O'Connor stated no. Long discussion followed on the topography of this lot ~ Public Hearing Opened~ '-....-- Mr; David Zanick' neighbor (60 ft. away)~ that the deck added an extra safety factor Mr. Zanick stated i n c as e 0 f fir e . 12 /31 He also stated that all of the people on Glen Lake have sinÜlar problems - no backyar<ls. ,~ "- Public Hearing Closed. ~arren County Planning Board approved; Motion by Mr; Muller, seconded by Mr~ Turner, all voting affirmati vely, it ì.rras RESOLVED THAT Variance No: 1107 be approved. Site is unique i'1. topography; It's unfortunate that the deck was already construe teel but the Board believes this was done in good faith. An on site inspection by the building inspector's o:f:fice should be clone for safety checks an(l the applicant must pay the building permit fee based on the value of the construction. Approved~ VARIANCE NO. 1108 - ]Jesl ie Sommers (SUDS-R-US, Inc.), Upper Glen Street - to operate a dry cleaning business in an exi sting build ing in a PI aza Commerc ÜÜ lA Zo ne. ~ Represented by Attorney ~arl Matte; Atty; Matte stated that a Variance is needed because a dry cleaning establishment is not mentioned anywhere in the Ordinance: There will be no laundry type business done on the premises~ Mr; Turner asked if there would be any hazardous waste material~ Atty~ Matte stated no and that the EPA had no interest in the project~ Public Hearing Opened and Closed with no public cOltvnent. Warren County Planning Board approve<i; Motion by Mr; Turner, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT Variance i'ifo. 1108 be approved. Ordinance doesn't describe dry cleaning use in any zone. Previous use of the building (Inside Edge) was commercial; No adverse effect on the neighborhood~ No reasonable return: ~, Approved; 13 /31 .......... VARIANCE NO ~ 1109 - Communi ty Workshop, Inc:, Everts Avenu.e - to continue to use mobile home classroom on lot outside zone designated for single site mobile home placement. "--' Represented by Attorney ì18.lcolm 0' Hara~ Atty: O'Hara stated that they cannot predict the number of students in the pro gram so they don't know how long the mobile home will be needed as a classroom~ Mr: Behr asked if Atty~ O'Hara wanted a one year extension~ Atty~ O'Hara stated they would greatly appreciate aa extension beyon<i one year: Mr~ Turner asked if 5 years with no transfer of the Variance would help~ Atty~ O'Hara stated that wou.ld be great. Public Hearing Opened~ Sandra Clark, 29 Everts Avenue~ Mrs. Clark said she was not aware the mobile was there until she received the letter for this meeting and went to look for it~ She is not for it or against it, just curious about what it is used for ~ ~ Publ ic Be8.r ing Clo seci ~ Warren County Planning Board approved~ Motion by Mr~ Behr, seconded by Mr~ Griffin, all voting affirmatively, it was RESOJ,/ir8JD T'1AT Variance No~ 1109 be approved. This approval is for a 5 year use: The use would be for this owner only and for the present use only~ The 1t101)ile hOlil") \trill be kept in its' present location~ If this use is terminated before the 5 year period ends the Variance is autom8.tically terminated~ A.ppr ovecl . VARIANCE NO~ 1110 - Thomas and Mena Mazza, 49 Kensington Road - to TJlace an ac1di tion with a 22 ft. front setback in lieu 0 r: th~ required 30 ft ~ front setback in a Single Family Residential 10 Zone. Represented by Thomas Ulbrecht, Hilltop Contruction~ "--' The additio'1. to be one story. Home is also very narrow~ Grounds to be landscaped~ .~ Public Hearing Opened and Closed: \¡farren County Planning Board approved ~ ìv1otion by T1r ~ Kelley, seconded by Mr ~ .Sicard, all voting affirmatively, it was RESOLVED THAT Variance No. 1110 be approve(i: Rear porches make it impossible to add to the rear and it is the logical place to locate the addition~ Ap:proved~ Motion by Mr ~ Sicard, sec onded by ~1r ~ Tur ner, all vot in.g affirmati vely, it was RESOLVED THAT the meeting adjourn, 11 :30 p.m. ~ ~ý~ \ dt4~ ,--' 1 4 / '!tJ