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1988-06-15 QUBBRSBURY 10.I.Q sou» OF APPEALS Regular Meeting Held: Wednesday, June 15, 1988 at 7:30 p.m. Present: Theodore Turner, Chairman Gustave Behr Daniel Griffin Jeffrey Kelley Susan Goetz, Secretary Michael Muller Charles o. Sicard Lee York, Sr. Planner David Hatin: Building & Codes, Zoning Administrator Mary Jane F. Moeller: Stenographer Absent: R. Case Prime, Counsel Chairman Turner called the meeting to order at 7:30 p.m. Mr. Behr moved approval of the May 18, 1988 minutes. Seconded by Mrs. Goetz. Passed Uaaaiaously. The April 27, 1988 Special Meeting minutes will be discussed at the July 1988 meeting. OLD BUSIOSS USB VUIABCB RO. 1288 Elainals Beauty Boutique Mrs. Goetz ~tated that this is for the renovation dwelling and garage, 51 Aviation Road, UR-5. The floors, office upstairs and beauty boutique downstairs. letter to the Board from Blaina Bissell, Owner (on file). of a single family garage will be two Mrs. Goetz read a Mr. Robert Stewart, Attorney, represented the application and reviewed the March 1988 presentation to the Board, which was Tabled pending Supreme Court rUling. For many years, there were restricted covenants, which prevented use of the site for any purpose other than Urban Residential, when the Northway was constructed, it cut the parcel in two. Since that meeting, the New York Supreme Court has issued a finding, which eliminates the restricted covenants and renders the property available for use as a Commercial nature, insofar as the Courts are concerned. 1 .- The neighborhood is not residential anymore, with the Mobil station, churches and schools in the nearby vicinity. In addition, on the East is the Northway, on the South is the Northway ramp, on the West is the Queens- bury School system, and directly in front is Aviation Road. On the north side of Aviation going west, the closest residence is .5 miles, on the south side the mileage is.4 miles. This is not suitable for a private residence, there will be no change in the neighborhood character. The site meets all setbacks and there seems to be adequate room, there is a one-way in and out. Mr. Stewart verified that Warren County Planning Board approved the application, and that Mrs. Bissell does not have to return to the Board. This fact was confirmed by Ms. Lee York, Sr. Planner. Mr. Ronald Shank, property owner, said that the off-premises sign will be removed upon sale of the property. Ms. Bissell rents the spot by the year. The Board expressed its concern regarding the traffic flow and safety of vehicles and pedestrians, specifically school traffic. However, Mr. Shank said he has not had a problem, people slow down when he signals a turn. Ms. Bissell stated that her boutique hours are at peak when the schools are either in session or dismissed for the day. The business hours are 9.30 a.m. to 12.00 noon, there is a lull until about 3.00 p.m., and then the professional clientele come in anytime after 4.30 p.m. and leave about 6.30 to 7.00 p.m. Ms. Bissell explained that this business and traffic is not new to the area, but already established down the street. There will be a maximum of 12 customer/employee cars, there is extra room for additional parking. The proposed enlargement of the garage does not get into area violations, the house viII stay the same. In terms of the reasonable return question, Mr. Shank stated that he purchased the house about 11 to 12 years ago, and the house has been for sale through a real estate agency. However, there has been no interest, basically due to the noise, proximity to the school, gas station, etc. PUDlic .earing Op8l1ed. Support Robert Crannell. Manor Homes, representing the Shank's. The property. perty as perty, and Shank's gave Mr. Crannell an open listing on He had unfavorable response vhen attempting to residential. There is a ·SLOW· sign when leaving the speed limit is 25 m.p.h. until 6.00 p.m. the subject sell the pro- the Shank pro- Opposed. None Public .earing Closed. 2 -' Mr. Kelley moved APPROVAL of Use Variance No. 1288, Elaina's Beauty Boutique. There has been evidence of necessary hardship, it was zoned UR-5 residential when the house was built. The Northway was constructed and rendered it to have a different position than the businesses and schools surrounding it, therefore, a residential home in the area is out of place. The property owner has experienced a hardship in that he test- ified that the house has been for sale and no one has shown interest, the owner cannot yield a reasonable return as zoned. Rejuvination of the property and changing the outward appearance of the building would make the application not detrimental to the area or the ordinance. Approval is with the stipulation that the applicant be required to go to the Beautifi- cation Committee and meet any specfic requirements. If and when the pro- perty is purchased, the off-premises sign will come down. Seconded by Mr. Sicard. Passed. 5 Yes (Kelley, Muller, Sicard, Turner, Griffin) 2 No (Goetz, Behr) R. BUSIDSS AREA VARIARCB RO. 1364 Ruth Kouba Mrs. Goetz stated that the application is to create a lot with no frontage on a public road at 35 N. Sweet Road, SFR-30. The applicant proposes to provide a deeded easement to the public road. This Variance was approved in March 18, 1987. The applicant did not act upon the Variance within the year time limit, therefore, a new application has to be made. The applicant is requesting to reinstate the expired, approved Variance dated March 18, 1987. Ms. Ruth Kouba represented the application. There was concern regard- width of the road, however, Ms. Kouba stated that it is 50 feet large enough for emergency vehicles. Ms. Kouba said that her large home is far back up the road, she wants to sell that home a smaller home at the base of the driveway. Last Fall she built going to the larger house. There will be a new road branching main road, when the smaller house is constructed. ing the which is present, and build the road off of the Correspondencez Letter from George Kouba requesting the application be readvertised because he felt were conflicting application statements (on file). Mrs. Kouba verified that she has had no complaints from her neighbors. 3 -" Mr. Griffin moved APPROVAL of Area Variance No. 1364, Ruth Kouba. The approval is to reinstate the expired approval of an earlier Variance pa.sed on March 18, 1987. Seconded by Mrs. Goetz. Pa.... Unaat.Gu.ly. AREA VUIHCB RO. 1365 Derek Richardson Mrs. Goetz read the proposal for a garden shed 12 ft. x 12 ft. at 29 Twicwood Lane, SFR-30. The slab has been poured and the walls are framed. The applicant did not realize he needed a variance or a building permit. The shed is set back 4 feet from the north property line, in lieu of the required 15 ft. Mr. Richardson represented the application and verified that he directed the contractor to set the shed in the present position. He stated that he reduced the size of the shed to 10 ft. x 12 ft, it is on the same slab and 4 feet from the line. Mr. Behr remarked that a good deal of the neighborhood has excessive material in their yards, including a neighbor whose shed is on the property line. Mr. Richardson said the the closest neighbors do not object to the four-foot variance. The shed will be 12 feet deep on the east/west side and 10 feet wide on the north/- south side, and eight feet at the peak instead of 12 feet. Mr. Kelley suggested that the shed be turned the other way, so as to be a more con- forming structure. The setback will remain the same. Pu~lic Rearia, Opeae4, Support. Marthan Couglin, 27 Twicwood Lane Mrs. Coughlin stated that she owned the green shed to which Mr. Behr referred, and she has no objections to Mr. Richardson's shed. Opposition, none. Public Rearing Clo..4. Correspondence, Mrs. Goetz read a letter dated 6/13/88 from Mr. Dana Bray, 15 Twicwood Lane (on file). After receipt of the letter, Mr. Bray called Mrs. Goetz and stated that he and Dr. Richardson had discussed the situation and that there was an agreement that the peak would be 8 feet instead of 12 twelve feet. He no longer opposes the application, if it 4 '-- remains change. 10 feet by 12 feet. Mr. Bray does realize that the slab will not There was no agreement on the angle of the peak. Again Mr. Kelley suggested turning the shed and Dr. Richardson said he did not know what difference that would make. However, Mr. Kelley felt that what was being discussed is an Area Variance before the Zoning Board of Appeals, and the requirement is 15 feet. In actuality, the Board could demand the 15 feet, however, it is trying to get as much relief as pos- sible as a compromise. Dr. Richardson stated that his shed is directly behind the Coughlin shed. As Mr. Turner pointed out, the lot is 110 feet x 200 feet, and there is no need for the shed to be that close to the line. Again Dr. Richardson argued that he did not see a difference in two feet one way or the other. After further discussion, Dr. Richardson said he would abide by the Board's decision, however, he was also trying to abide by his conversation with Mr. Bray. One of the reasons he situated the shed on the present site, was to preserve some trees. Mr. Muller moved APPROVAL of Area Variance No. 1365, Derek Richardson. The building will be four feet from the property line. This is to balance the minimum relief necessary with the wishes of Mr. Dana Bray. A compromise has been worked out with Mr. Bray, as to the place- ment, height and size of the building. The dimensions are 10 feet north/- south, 12 feet east/west, and 8 feet in height. Seconded by Mr. Sicard. pas..d. 6 Yes (Kelley, Muller, Sicard, Goetz, Griffin, Behr) 1 No (Turner) AREA VARIABCB RO. 1366 George and Virginia Ferris Mrs. Goetz read the application for the construction of an addition (approximately 30 feet by 38 feet), 38 Clark Street, SFR-10. The existing garage will be demolished/removed, and a two-car garage and entrance way will be constructed. A bedroom will be built above the garage. The addition will also consist of a small family room (approximately 28 ft. x 14 ft.) located behind the new garage. Mr. George Ferris represented the project. Mr. Sehr discussed the stakes along the rail fence adjacent to the Niagara Mohawk property, that the front stakes were a lot closer to the proposed garage than the back stakes, although the diagram showed the front to be 7 ft. 8 in. and the back 2 feet. Mr. Ferris verified those distances and said that when he purchased the property, he was was not aware that the property line slanted. The line cants in going from north to southwest, and the stake 5 is the actual property line. The rail fence is on the Niagara Mohawk right-of-way, but belongs to Mr. Ferris. The next door neighbor and Mr. Ferris have a lease to take care of the Niagara Mohawk property. At the time of the purchase of the house, Mr. Ferris thought the property line was straight, the house is not square with the road. Coulter & McCormack, Land Surveyors, did confirm that the property line to be as stated. Be- cause of this confusion, the original house rendering was directly on the property line, therefore, a new design had to be made to fit the property, yet provide a bedroom over the garage. From the road to the west corner of the proposed addition is approximately 80 feet. Pu.blic Bearingl no comment. Correspondence I Warren County Planning Board approved. Mr. Ferris explained that the reason the proposed addition could not be situated in the back of the house is because of a septic system has a double leach field system. Contractors were consulted and they felt that the present design was the best. The decking will not be removed. Mr. Behr moved APPROVAL of Area Variance No. 1366, George and Virginia Ferris. The practical difficulty being the way the house was originally placed on the lot, which is at an angle. The variance is forI 8 ft. setback garage) , 2 ft. setback at 8 ft. setback at from the front end of the proposed addition (2-car the back corner of the garage (SE corner), the back corner of the family room. Seconded by Mr. Turner. Passed ...ni~.ly. AREA VARIARCB RO. 1367 Pierre Dumoulin Mrs. Goetz stated the application single family home that was destroyed Road, Glen Lake, SFR-30. is for the reconstruction of a by a fire in February 1988, Jay Mr. John McCormack of Coulter & McCormack, Land Surveyors, represented the project and stated that the proposed home is a two-story, single family residence of 1400 feet. The front line setback of 6.7 feet from the southwest corner of Jay Road is the reason for the Variance. Mr. Dean, Building Inspector, said the building is to be constructed within 6 '-- the existing foundation lines and a variance would not be needed. After the purchase of the property, it was discovered that no Building Permit had been issued for the additional addition to the original structure. The new owners felt the property was pre-existing, non-conforming. Jay Road is the front of the house. The existing septic system will be re- used, the water comes from the lake. Public Heariag. Support. Mr. Richard Crow. Jay Road/Glen Lake. The proposed plans provide for a much more pleasing site, compliment- ing the structures of the neighborhood. If his home burned down, he would hate to think that he would not be able to rebuild with a structure of similar dimensions. Ms. Margaret Callahan. Next door neighbor. No objections to the home being rebuilt. However, she does emphasize that there be room for parking, the garage was a workshop and the cars were in the road. Mr. Turner said that the parking area is 37.4 feet. Mr. Michael Lyford. Neighbor. Has no objections. Opposed. none Public Heariag Closed. Correspondence. Warren County Planning Board approved. Mr. Griffin moved APPROVAL of Area Variance No. 1367, Pierre Dumoulin. The applicant has proved that the size of the lot is the prac- tical difficulty, it is pre-existing and non-conforming. The variance is for a 6.7 feet setback at the southwest corner. Seconded by Mr. Sicard. Pass.. UDaRi~u.ly AREA VUIAJlCB RO. 1368 Stephen K. Matte Mrs. Goetz stated that, due to a mistake, the builder constructed the 7 single family dwelling 1 1/2 feet too close to the east side line, Lot 33 on Hidden Hills Drive, SFR-10. Mr. Earl Matte, Attorney, represented the application, and said the error was discovered when the house was built (roof, walls, etc.) and construction was stopped at that point. Apparently the people doing the cellar and foundation had the plot plan with them but miscalculated. The right front of the building is 13 1/2 feet from the easterly line, this was checked by a surveyor. The right rear is 15 ft. 3 inches, the house is 66 feet wide. Pu~lic Heariag Op..e.. no comment. Public Hearial Closed. Mr. Behr moved APPROVAL of Area Variance No. 1368, Stephen K. Matte. This is a contractor error, and is a minimal relief of 1.5 feet from the east side line. Seconded by Mr. Muller. pa.sed Uaaat.øusly AREA VARIARCB RO. 136' Robert Harris Kahan Mrs. Goetz stated that this is for the construction of a 20 ft. x 22 ft. garage at a 6 to 8 foot setback from Knox Road, Assembly point, LR-1A. This is in lieu of the required 30 foot setback. Mr. George Boivin represented the project and said that there are remains of a former garage. The rear wall of the garage will probably go in front of the stone wall, the garage is 22 feet, and to the road is six to eight feet. The house is not used year round, and there is no inten- tion for that use, as it would be very difficult to winterize. There will be two small cars in the garage, or maybe storage on one side. The build- ing will have a peaked roof, no sleeping at the top and no water avail- able. There might be boat storage in the winter. Public Heariag. no comment. Correspondence. Warren County Planning Board approved. Mr. Kahan. Griffin moved The practical APPROVAL of Area Variance No. 1369, Robert Harris difficulty is that the garage could not be placed 8 ',-- anywhere else on the property because of the steep drop off from the road down to the lake. There is no adverse affect on the neighborhood charac- ter. The variance is for setbacks of 6 feet on the north and 8 feet on the south. Seconded by Mr. Turner. pass.d Uaa.iaously USB VARIABCB .0. 1370 Charles E. and Barbara Seeley Mrs. Goetz stated that the application is for the operation of a machine shop as an accessory use on the north side of the premises, adjacent to the Northern Homes Lumber Yard and Show Room, Glenwood Avenue, approximately 200 feet south of Quaker Road, HC-1S and SFR-10. Mr. William Nealon, Attorney, represented the application. Mr. Turner advised Mr. Nealon that the property was never Light Industrial, it has always been single family residential (Exhibit A). Mr. Nealon said Light Industrial was not his understanding from the Building Inspector. The property had been used previously as an enterprise, it was the headquar- ters and office facilities for the A. C. Warner Lumber Co. which was merged into Warner Pruyn. When the Seeley's acquired the property, they had to take down telephone lines and other items relating to the A. C. Warner business, the residence structure had to be renovated for living purposes. There is a 300 foot setback from Quaker Road. The subject pro- perty is wedge-shaped intruding into the 300 foot zone back from Quaker Road. The existing shop where the welding is located was built in 1979. The Seeley's went before George Leifus, applied for a building permit and, at that time, it was indicated for Light Industrial Use. Consequently, the activities being conducted there today have been going on since 1979, when the garage was built and before the Zoning Ordinance was adopted. Mr. Nealon presented pictures to the Board which depicted operations in the nearby vicinity a parking lots and Builders' Outlet across the street, to the north is the Sawhorse Parking lot, to the northwest is Gleaners, in addition to a picture of the residence which has been oper- ated as such since 1972. The property is screened visually from the west by a fence. The existing welding shop is within 300 feet from Quaker Road. According to the new zoning, the commercial enterprises across the street and those westerly of the Seeley's on the other side of Glenwood Avenue are circumscribed out as Highway Commercial zone. There is an existing visual screen in addition to the fence and existing residence, but also existing garage. The subject property is not in the typical 9 --..' single family residential zone. Mr. Nealon reiterated that it is import- ant to note that both he and the applicant relied on statements from the Building Inspector regarding the property being in a Light Industrial zone, therefore, this small welding.operation has been in existence since 1979. It is not a noxious, high volume business with comings and goings. Acetylene is used for the business. The Seeley family relies on this business as its income, which was started approximately 10 years ago. Mr. Seeley retired from another full-time position 1 1/2 years ago to continue this present operation. Mr. Turner stated that research has proven that the area has always been single family residential, and the Highway Commercial line ends at the property line of Northern Homes, this is according to the tax maps. The Board expressed concern about the number of cars in the area and preserving the residential character of the neighborhood and not letting encroachment continue. And, if this is a successful business, it would be best to move into a business zone. The SFR zone is the most restrictive zone in town. Charles Seeley: 49 Glenwood Avenue: Mr. Seeley said that he has been welding in the area since 1972, and George Leifus showed him a map that specifically showed that the area is Light Industrial, and the business has been there since then. The permit received was for the garage, which is now a barn and is single story. He further stated that the garage rafters went up immediately, and that he did work out of the garage which is associated with the residence. Mr. Nealon insisted that there is a degree of responsibility that can be spread not only to the Seeley's, but to the Town itself, in that it is not fair for a citizen to receive incorrect information, rely on that informa- tion from a Town Officer, proceed with the permit and then be in the posi- tion in which the Seeley's are in presently. Mr. Seeley reiterated to Mr. Muller that he first started welding in the location in 1972 for mostly business purposes. The existing house was restored to a home after A. C. Warner used it for business purposes, the existing garage/workshop is where the business was conducted in 1972, the existing business building is the one closest to the Sawhorse. Today both buildings are being used for the business, the number of employees are 3 to 4 part-time. He does any type of welding, cars are his hobby. Work is brought to the site. Mr. Muller pointed out that part of the problem zoning-wise is that Mr. Seeley has expanded at that location. In 1979 Mr. Seeley received a permit to build a two-car garage. Public Hearing Opened: Support: none Opposed: Robert Stewart: Attorney 10 --" Mr. Stewart's presence is on behalf of Mr./Mrs. Harwood Beatty, owners of the property immediately to the south. Mr. Stewart presented a request by various neighbors on Glenwood Avenue to oppose the Variance. Before the Seeley's bought the property it was owned by Mr. Harold LaRose, who purchased the property in 1959, sold it to the Seeley's in 1972, and dur- ing that time the property was single family residential and there was no business conducted on the property. Mr. LaRose stated that it was his understanding that, as long as he owned the property, that the boundary line between the Highway Commercial and Single Family Residential is the southerly line of Northern Homes. Mr. Stewart stated that Mr. Seeley's original work in 1972 was a hobby of restoring antique automobiles. He feels that perhaps in 1979 George Leifus indicated that the Highway Commer- cial dipped into the property by a few feet, but not that there was a Light Industrial zone. The application that was granted in 1979 was for a two-garage, which was legal. From 1979 on the business began to grow, until now it is a full-time business. Much of the work is done outside the two buildings, on the lawn in-between, sparks are flying, there is pounding. Mr. Stewart presented to the Board pictures of Mr./Mrs. Beatty's home. In discussing the zoning in the area, he strongly emphasized that the Ordinance defines single family residential as being ·strictly pre- served.· He pointed out that the Seeley's property is being used as a single family residence, and the problem is that the applicant wants to put a double use on the property. single family residence and industrial lot. Industrial is the most aggravated-type variance for which to apply next to the residential homes. Two Stop Work Orders have been issued by the Building Department, but the business is still in operation (Exhibits Bl,2). Judy Strohmeyer. two houses south of Seeley's Mrs. conducted review of 1987, she does not tial. Strohmeyer stated that in 1978 she felt that a business was being on the property and called the Zoning Department. After a the site, the Zoning Department said there was no business. In called again for another review of the site. Mrs. Strohmeyer believe that the Seeley's property was zoned other than residen- Bob Whiting. 37 Glenwood Avenue Mr. Whiting said that area already has a bus garage, and that Mr. Seeley's business will lower the value of the property. Public Hearing Closed. Mr. Nealon brought out the fact Mr. Beatty operates a very lively real estate appraisal business out of that property, and there are any number of cars parked at site. The Seeley's have improved the property and they have screened any offensive activities. 11 '- Correspondence: Warren County Planning Board disapproved; Beautifica- tion Committee approved with stipulations (Exhibit C). Mrs. Goetz com- menced reading an unsigned letter from neighbors; however, Mr. Nealon respectfully requested that it be withdrawn on the grounds that it is highly improper. Mr. Muller moved DENIAL of Use Variance No. 1370, Charles E. and Barbara Seeley. The applicant has not demonstrated hardship in the form of dollars and cents proof that the property cannot show a reasonable return as a single family residence, especially since presently the prem- ises is being used as a single family residence. The Board has not heard enough to make any bindings regarding a pre-existing use, and is not grounds for granting a Use Variance. In 1979 and after the renewal, the Building Permit application indicates that it is to be a two-garage and workshop; and that it does not indicate any other use. There has been testimony that the Beatty Real Estate appraisal office is next door in the Residential zone, if that is so, then Mr. Beatty stands in violation of the Zoning Ordinance and he should be cited for the violation. If that is so, it does not enhance Mr. Seeley's application. The Zoning Board of Appeals has gone on record that it wishes to maintain the single family residential zone in Glenwood Avenue. Seconded by Mrs. Goetz. pas..d Uaaniaously SIGH VARIARCB BO. 1371 (p -15-88 Dunham Shoes Mrs. Goetz read that this is to add one 2.5 ft. x 10 ft. metal panel below the -Handbag Store- sign at the corner of Routes 9 and 149, HC-15. This would be for a new tenant. Mr. Louis Alfonso of Alfie Sign Co. represented the project and stated that this is a situation where there will be no further requests, because there is no more property involved. Mr. Turner reminded Mr. Alfonso that, according to the ordinance, allowable signs are one free standing and one wall sign for each business, and have to be coordinated as to color, size, lettering, etc. Mr. Behr questioned if a variance was obtained for the sign which is five feet from the property line. Mr. Alfonso stated that he did erect the sign and did receive a permit. Mr. David Grover, Dunham Shoes, clarified the situation that the approval for the sign came when plans were submitted for the plot plan. Mr. Grover explained that presently there is no indication of what stores are in the plaza, until one gets in front of the building. They hope to get signage for the bus- inesses to avoid confusion traffic-wise, by people stopping in the middle 12 of Rte. does not signs. 9 to turn into the location. Where the sign is located now, it obstruct anything, the requested sign will be under the present Mr. Kelley verified that there will be three signs. The building has been made bigger, there is one common entrance for the shoes and the hand- bags, and a separate entrance to the south for the new tenant, ·Casual Male,· all entrances face Route 9. Mr. Grover explained that, Dunham Bros. being the landlord, negotiated in the lease allowing Factory Handbag tenant to have as much signage as the Town would allow. As far as Dunham cutting its sign down in size, it could be done but at great expense. Mr. Muller suggested that Dunham research the sign rules and regulations, and perhaps devise a total sign package that would be coordinated with the rest of the businesses and, at the same time, be legal. Mr. Turner moved to TABLE Sign Variance No. 1370, Dunham Shoes. A total plan package is necessary including setbacks, coordinated-color scheme, sizes of the signs, etc. Seconded by Mrs. Goetz. Mr. Grover did state that he understood that he was to call the Build- ing Inspector's Office to see what the maximum opportunities are. pas.ed Unanimously USB VAaIABCE NO. 1372 Harley V. Hermance, Jr. Mrs. Goetz stated that Mr. Behr will chair the meeting for Use Var- iance No. 1372, as Mr. Turner as a conflict of interest. Mrs. Goetz read that this is to construct a garage (5,000 +/- square feet) for storage of trucks, containers and parts on Sanders Road, W. Glens Falls, LI-1A. Also, to repair trucks and containers on the prem- ises, owned by H , B Trucking Company. Mr. Earl Matte, Attorney, represented the application. Mr. Matte stated he could not find in the Zoning Ordinance where it is necessary for Mr. Hermance to have a variance, but he guessed it was necessary to come before the Board to find out 1) if he needs a Variance, if that is true, 2) why, and 3) will the Board grant a Variance. Mr. Hermance's business has been at least 40 years in existence and is presently located on Connecticut Avenue, the lot is 90 ft. x 100 ft., less than 1500 square foot building, there are five trucks plus a pickup, no office .pace, no maintenance space, there are six employees. The trucks need maintenance 13 '~ and cleaning, the present area is completely overused. Mr. Hermance has a Variance for the area, which is Residential. The proposed land is approximately 2 1/2 acres and, if it is permis- sible with the proper permits, Mr. Hermance will build a building approx- imately 50 ft. x 100 ft. containing six bays and an office. One of the bays will be larger than the rest, because it will allow the mechanical work on the trucks. There is no intention of doing mechanical work for trucks other than those designated for H , B Trucking. It is felt that the appropriate designation for this use should be Light Industrial, it is a depot or large garage used for storage, maintenance and cleaning with an office adjoining to run the business. It is not a freight terminal or warehouse. One of the bays in the building will have the facilities to hose and clean the trucks. Trash is not stored, except when forced to: 1) on a Sunday/holiday when restaurants have to be collected and the landfill is closed, 2) when a truck might break down. Mr. Matte did note that on the corner of VanDusen and Sanders Roads is a used car/-junk yard.- Trees will be used for buffering. Harley Hermance: owner H , B Trucking: Mr. Hermance said he has been looking for land, basically because he is in a residential neighborhood and is growing. He further stated that in the past 5 to 7 years, there have been only two or three incidents where there have been odors. There have been very few comments from the neighbors, and they are 100' closer than the neighbors would be at the proposed site. All the trucks would be kept in the garage, he has not experience rodents or complaints from the neighbors in this regard. He does not know what will happen to the old facility. Mr. Hermance said that he would leave as much of the land buffered with trees as possible. Hours of operation are approximately 5:00 a.m. and until dusk in the winter and a little longer in the summer. A discussion ensued regarding the feelings that there is no specific area in the Zoning Ordinance that would cover this business. Mr. Matte emphasized his feelings that -every municipality has to make room for everything that is necessary to make that municipality function.- If this Board is going to advise the Building Inspector that a Variance is not needed and a permit may be issued, then that would solve the problem. If not, the Zoning Board has to take the responsibility and make a decision. The Board showed concern about the odor from the trucks emitting out to the residential neighborhood. Mr. Matte stated that the business is not a product, it is a service. And, the fact that some refuse may be left in the trucks, is part of the nature of the service. Public Hearing Ope.eds Support - none Opposed: 14 ", Robert ClarkI owner of the -Junkyard- Mr. Clark is in opposition because of the smell and the rats. He presented pictures to the Board. Contrary to Mr. Hermance's statements, the neighbors have spoken to the Building Inspector's office, and have been told that the rats are the neighbors' problems. In July and August, the smell is very strong. Mr. Clark said one of the H & B drivers has -backed over- a child on West Mountain Road, the reason for bringing that point up is because there are many children in the site area. He sub- mitted a petition of over 25 names of persons. Richard Phillipsl Sanders Road. Mr. Phillips presented a petition of everyone who owns property living on Sanders Road, who are against the project. On the proposed changes, the entire area will revert to Suburban Residential 1A from Light Indus- trial. Mr. Phillips questioned if trees will stop the odors. Concern was shown about hazardous wastes that would be on the site. He also referred to the Use Variance requirement that proof must be shown that the land can- not be used/sold as zone. Mr. Phillips contended that the land could be sold as zoned, because several people including himself have shown inter- est in the land, just to stop some unfavorable Light Industrial business. He also felt it was negligent of the neighbors, at the time the area was changed to Light Industrial, that they did not make sure the area stayed Residential. Mr. Phillips said that most of the lots in the area are over one acre, and that the proposed zoning should be taken into consideration. However, he did agree that Mr. Hermance's application is to be considered as the zoning is today. William Nealonl Attorney On behalf of Mr. Phillips, he contacted Mr. Turner and his attorney, R. Case Prime, and expressed an interest in acquiring the subject pro- perty. He feels no proof has been presented as to any hardship. Health concerns of the neighbors is another issue and relate to the fact that the area is not sewered, and he does not know if there is any intention for sewers to go into the area. Whatever is cleaned from the vehicles is go- ing to go into the ground water, from which the neighbors draw their drink- ing water. Mr. Phillips said there is Town water, but not too many people have hooked into it. Glen GregorYI Luzerne Road, W. Glens Palls Mr. Gregory is opposed because 1) it will be rezoned in the very near future as Residential, 2) he prefers to use well water because it tastes better than the Town, no chlorine, etc., 3) the trash sitting in the gar- age will create a hazardous smell. One neighbor at the present location has had maggots. Robert Sandersl Sanders Road 15 ''-. .--/ Mr. Sanders opposed the project because of health concerns for his family and neighbors. He stated that he feels that the Board does not care for the health of others. Mr. Sicard did not agree with his state- ment, and that the Board is concerned about the residents' concerns and, if there were an alternative, it would be taken into consideration. Find- ing appropriate sites for this type of business is a common problem. Mr. Sanders felt there should be a town comaittee to work on the trash plan. Marilyn Gregory. Luzerne Road Mrs. Gregory said she has lived in the area for 25 years and it was not Light Industrial at that time. (Light Industrial zoning was effective 1982.) Most residents had lived there prior to 1982, perhaps with the exception of a junk yard. Since finding appropriate sites for the sanitary business is such a problem, Mr. Gregory suggested that a portion of the landfill be set aside for the trucks. Presently, the land is wasted because no buildings can be constructed. Mr. Hermance advised the Board that parking the trucks is a problem. Some outfits have trucks parked at houses, others have a spot for the trucks. Mr. Heraance states that his present location is unsightly, be- cause he has no room for the trucks, parts, etc. He is trying to locate a spot on which to put a building, the Town is growing, his business will continue to grow, and he has lost business because he cannot handle new customers in the way they should be served. Regarding the has specialists system. plan for the waste water, Mr. Hermance stated that he who will put the business on an up-to-date disposal PUblic .eeting Closed. Mr. Matte asked the Board, as part of its deteraination, render a decision whether or not the use that has been described is a Light Industrial use. Mrs. York suggested that the applicant apply for an Interpretation, because in the current Ordinance categories such as freight terainals or warehousing are not defined. The Zoning Board has to make a deteraination as to whether the applicant's business fits into the categories that do come into the Light Industrial zone. Although the Board has the right to render decisions on Interpreta- tions, a formal request must be made and public notice is issued, and the public has a right to be heard. Mr. Matte made a request that the appli- cation be TABLED until the July 20 meeting, to give the applicant time to ask for an Interpretation. Mr. Muller requested that the Board have opinion of Counsel to help them interpret the application, in Mr. Heraance having counsel. Mrs. York 16 ~ J said that she will request that Paul Dusek, Town Attorney, be contacted regarding the Interpretation. Mr. Sicard moved to TABLE Use Variance Mo. 1372, Harley V. Hermance, Jr. until the July 1988 meeting. The purpose of the request is so that an Application for an Interpretation of the Zoning Ordinance can be filed, to determine whether the proposed use is considered a Light Industrial use and not need a Variance. Seconded by Mrs. Goetz. Pa.... Yes 6 (Kelley, Muller, Sicard, Goetz, Griffin, Behr) Abstain 1 (Turner) USE VARUlICE 110. 1373 The Langan Group Mrs. Goetz stated this is for the construction of a sales and service facility, Langan Motors, on the south side of Quaker Road, PC-1. Mr. Thomas Rydzy of Richard B. Jones Assoc., represented the project and clarified the location of the site. It is on Quaker Road, approxi- mately 600 feet west of Dix Avenue intersection. There is some area which is fill, there are not three curb cuts, as the middle one has been elimin- ated, the Beautification Committee recommended trees and shrubbery, there are provisions, such as ramps, for handicapped persons. Mr. Turner ad- vised that the new zoning will be Highway Commercial, this particular business will be permissible. hblic: lleariD, Ope.acla no comment. h1Dlic llead.., Clo.... Warren County Planning Board .aid to see Site Plan Revision regarding the eliminated curb cut. Beautification Committee approved (Exhibit C). The Mr. Behr moved APPROVAL of Use Variance Mo. 1373, The Langan Group. proposed zoning in the Town of Queensbury is for Highway Commercial The use is consistent with what has been allowed there. The appli- will abide by the Beautification Committee recommendations, and to elimination of one curb cut as recommended by the Warren County Plan- Board. Use. cant the ning Seconded by Mr. Kelley. Pa.... V_ÚIØ1I.ly 17 "-- ....../ AJtBA VDIAIICB lIO. 1374 Edward and Betty Sandsmark Mrs. Goetz stated this is to demolish the existing dwelling and to rebuild a single family dwelling on Brayton Road, Assembly Point, RR-3A. The lot is a pre-existing, non-conforming lot. The non-conforming set- backs will be improved. The existing dwelling is old and cannot be restored. Mr. Gene Christian, Professional Engineer, represented the applica- tion, and stated he was retained to ascertain the value and condition of the house in Harris Bay. There is an existing house and shed there today, the house is in a terrible state of condition, footings are inadequate, World War II vintage structure, floors are under rot condition, the foot- ings for the fireplace are inadequate, and has started to go. Mr. Christian advised the Sandsmarks to raise the house and rebuild. The new building would be minimal in size, have one bedroom edifice, and the setbacks diminish what was there, in one case meet (lŒ corner) the setback. The reason for the Variance is the addition of corners onto the new structure at the lakeside and backside of the house, which do not follow the original footprint. In every case, the new building is the same as the outside, existing dimensions of the old house. Therefore, there will be a 818 square foot house, which stays in the inside of the outside footprint. There will be off-site sewerage disposal. P.blic Bearing OpeDed. Support 1 none Opposed 1 Robert Walden 1 neighbor next door. Mr. Walden has lived in the area for 24 years, and stated that he is angry that Mr./Mrs. Sandsmark had never explained their plans, they are not present this evening. Mr. Walden does not understand why the new owner cannot use the old footprint for the new building. The square foot- age of the existing building is livable. 483 square feet, open porch of 169 square feet. The proposed house is a very delicate-looking house from the lake, and the property in the cove is important to the entire look of all the neighbors, any box-type of residence constructed would depreciate the entire look of the properties. He feels that the application should be denied based on the aesthetics of the area. Mr. Christian showed the neighbors a diagram of the house. The plans are for a single-bedroom cottage, gable front with semi-circular window in the upstairs, the upstairs will be unoccupied (attic area, no loft), the back will be simple, the sides will be well-window, awning-type windows on both sides of the picture window. It does shrink back (in feet) the proximity to the neighbors' properties, to the lake and to the roadway. 18 '-- J Mr. Walden felt that the house will be too dominant for the property, the existing shed is ugly, the house will be much higher. Architectural facts on the house are, roof pitch will be 7/16, the gable will be 12/12 pitch, conventional 8 foot ceiling with a 12/12 pitch, there will be six feet of loft above the single story. The actual height of the ridge from the bottom of the first floor will be 16 feet. That is not higher then what is there presently. Thomas Nesbitt, Grandson of the builder Mr. Nesbitt agreed with Mr. Christian that the house does need to be replaced, at least repaired to the point where it is habitable. His con- cern is that the character of the neighborhood be maintained in the aesthe- tics, as one of the long-standing landmarks is the subject camp. He offered corrections, the present building is 12 feet high, and it is on stilts (post), he suggests that a condition be put on a Variance approval to prohibit an increase in height, and a surveyor verify the dimensions of the lot. Mr. Christian stated that VanDusen and Steves were retained to survey the property. To answer Mr. Walden regarding the applicants not being in attendance, they live in Monroe NY and have retained Mr. Christian to re- present them. It was not possible for Mr. Walden to attend the meeting and return for work in the morning. Public .eariag Close.. Correspondence, Warren County Planning Board approved. Mr. Muller moved APPROVAL of Area Variance No. 1374, Edward and Betty Sandsmark. The applicant has demonstrated practical difficulty by showing that an undersized lot that pre-exists, no contiguous parcel owned by the same owner. Mr. Christian, Professional Bngineer, has proposed the follow- ing, 1) the side setback on the westerly side will be 10 feet, and the side setback from the easterly side will be 24 feet. Setbacks from the lake will be, Northwest, 19 feet from the Southwest, 25 feet from front of house) Northeast, 19 feet from the shoreline of Lake George the shoreline of Lake George (center of the shoreline of Lake George. This would allow a footprint of a single family residence of 33 feet x 26 feet, which is the minimum relief necessary to allow construction of a dwelling on that lot. Seconded by Mr. Sicard P..... VaaniM..ly 19 "- -/ SIGB VAJtIMCB RG. 1375 Mobil Oil Corporation Mrs. corner of asking for No. 1139. Goetz read the application to maintain the ladder design at the Routes 9 and 254 (Aviation Road), PC-1A. The applicant is a change from the Variance approval of 9/25/86, Sign Variance Mr. John Carusone, Attorney, represented the application. He stated that, in 9/86 when the Variance was granted, the Board allowed Mobil to have two free-standing signs and one Mobil sign to remain. Mobil became confused because they thought they would still be allowed to have the signs that the law would otherwise allow, they thought that the Mobil wall sign would be allowed and would therefore have allowed them one additional wall sign, because they are on a corner. They have Variances for two free- standing signs, and therefore thought they would be allowed one free- standing sign that the law allowed. There was additional confusion which existed on the other signs that they were asked to remove, and a question of three other Mobil stations in the community. Mr. Carusone said he, Mr. Eddy, Mr. Richardson and Ms. Romano from Mobil, went to all the Mobil sta- tions in the community and noted what had to be dODe. Mr. Carusone does not recollect that the free-standing sign before the Board was requested to be removed. Unfortunately Mr. Eddy's letter con- cerning the signs was directed to the File instead of Mr. Carusone. This created a time lapse of approximately 13 mODths. He clarified that the reason for the sign is to advertise the Mini Mart, it tells people what is for sale inside, what is on sale, what the specials are, it is a snap-lock sign. PaÞlic Beari.'1 no comment PuÞlic Bear1a, Closed CorrespondeDcel Warren County Planning Board took no action (5 Op- posed the action, one was in favor, 6 are needed for action). Mr. Eddy of the Beautification Committee recQ8mended disapproval (Exhibit E). Mr. Turner moved to DENY Sign Variance No. 1375, Mobil Oil Corpor- ation. There is adequate advertising at the site, as requested by Vari- ance No. 1139, September 1986. This represents a total increase in the size of the ladder that was there before and previously denied. Seconded by Mr. Kelley. P..... 6 Yes (Kelley, Sicard, Turner, Goetz, Griffin, Bear) 1 Abstain (Muller) 20 '-- SIGII VUIAllCB øo. 1176 Inside Edge Tom Jacobs ..../ Sign Variance No. 1376, Inside Edge, vas TABLED for one month at the request of the applicant (Exhibit P). 11~#/ 1J1a:f~ /*'~ Minutes vere transcribed by Mary Jane P. Moeller, Stenographer. 21 ~~"l " f<è" ~~~BUILDING PERMIT r COP1 TOWN OF QUEENSBURY f\lL WARREN COUNTY, NEW YORK ~. J No. 7274 PERMISSION is hereby granted to Charles and Barbara Seeley OWNER of property located at 49 Glenwood Avenue Street~ Road ~r Ave. -'. in the Town of Queensbury, To Construct or place a Two-Car Detached Garage. at the above location in accordance to application together with plot plans and other information hereto filed and approved and in compliance with the Town of Queensbury Building and Zoning Ordinance. 1. OWNER'S Address is I . 49 Glenwood Avenue Glens Falls, New York 2. CONTRACTOR 'or BUILDER'S Nam. . Same , I 3. CONTRACTÇ>R or BUILDER'S Address \ Same 4. ARCHITECT'S Name 5. ARCHITECT'S Address 6. TYPE of Construction - (Plu" indicat. by XI ( XWood Fr.m. I I Masonry ( ) St.1I I I . 7. PLANS and Specifications Renewal of buildinq.perm1t for 2S'x40' No. two-car detached qaraqe. Original permit '6205, issued 12-3-79. 8. Proposed Use '1'wo-Car Detached Garage , . ~ .,.~. ... $ 10.. 00 November 1 19E- PERMIT FEE PAID - THIS PERMIT EXPIRES , (If. longer p.riod is r.qulr.d an application for an .xt.nsion must be mad. to the Buildin and Zoning inspector of the town of Q .i'lInsbury blfor. the .xpiration dati.) . Dated at the Town of Queensbury this 14th AJ?%'il j'. ,- ~.. "f"'~., ., . .' . \ .. \, .-Þ } 19~ Day of " ,." .-¡ ''':" / I- i .i ,.""'\ /,. . . rf , . -Build¡,\¡¡ and Zonin lnspeClor for the Town of Queensbury SIGNED BY '.... £XHI6¡ T IJ I n i t1 ... () (þ QJ ::s ø. t:Ø ~ t1' I» I; I» en ~ (þ ... ~ .. \, ) G1 .. ~ S & ~ ~ c:: ø '2 o I g t1 o m rt þI n ';J" E. a ~ ØI \Q I'Þ i ::~ ~·~r7';·:rf"':;;::J~!,1;\;:~E:.:~;:~ë ~"¡ì! ~~:¡. .'--- TO:.ÌJ;'I.O'i~ QU'EENSBURfIL' I . I' . ! . . . E Coprr.p("c.lill"'~' M·~1r.,.IM"lillc.. ;. ,,:. : j, ; ·'V,,,,::II::::". CO~IN7Y. 1'11'11\1. .....)F- I'; . . . nlllh'¡~~ "..,.., ...., -/ . . ....-. ..'. Applic,,'ion {ltr': ..' I. .11·"·..··""1.':-0... " . ,t, .' 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'OCttlan ,nd i i:J ,j'e nllh. p",pérly;'the lIUti~.'i.. 11"" te.I!,ockt "'.r- J 1""",1 h\lil,""~. ."d 1,"= 'M1It_ of _"elli.I,n& b\Jlld,n,p. ~. _._._ S"~·.y p""po,rd builrl.nr;{. In """."" 1I..~ .nst ,·,iollnr; q~~~17f---- b,,¡OI!ind~1 h. ",lid lin.. ..... .' .. n .. S;,~r.lrrðp""y ..·.!II(..~....·:.. il..;:.J.r.Q.,.....;/\. ';.:.~." '~'.., .~-". \;j . . . ,_ ð ') r' ¡ ~,\¡.~ ·""d. "I~f' uf r.i.,ti~ ¡",'¡hU"«,, 11 ..ny . . :Äi' . . . .. '.. ~. . I 6' "1 ':': . ¡';.~..".-. ~~f.~:'j .· ,. ....~l\;a,~~,,..~DIO'.,...:;1,,::.... ,~(..j', i::'-!~ ...;".".!""'~,;...I.;,·iid'l\f'i ~. ....,{~~:.. 'I.' '.' "'" . .:;.~<:¡:;}/~~':... . "':. ":.:".~':;~I ~:~I? rio!~'1 ','.;":;;: 'J.~'......:.'" :t .. . ....,.:.G.·.·...~._.·.:.·.. '.:_...j_.,.....j.~........ ,.:.:.,.... .::-......!~. .. ".1._" ". ""', -." ¡".., , . ..~" ¡" , . ' ''¡'~:'~},'.'~''·V1rd.. ~,f!.PI:;'/.,~.~¡/"I.:'..'r,~ .f. ....k. '~';:;m,:t~ ".f[""~"" ',~í.t .~..Jt{!.'~I.,:::',.:'~·:~:l~··~'f ".~.,¡... :~:.,:')fIl~tn('r,~'I~~frnm'w....~':·.'. ~....~f'.. ~ t ' ..-: -,:;i,\,,·,ù'~·~ ,,·',UÙ,;.H;,.,. ,,-I, " ".'..,.,.t/.·Ïr~·,""'~ rill. . "~~:;;::.;~,:i:,.,;,),~,::" '. .,: ::" ..¡. '" pl.. (.. ~ ." . ~""~;;~',;;;;~~¡~1tii.~;,~~::~t~~~iiTi~iti~:~~~....;"'i.'.' 'I::;;. ,...'...... O-'~ ':~~~::'~~:'f."": '·,If r'~:~\"~I',J>>';~', .. ,.. riG '..0 ., I. . \: \. , o r.l "~ o ~::J U . . .. 1\;; "~ ~~,." ,.. I r \ f:' 'f',' '., Jown 0/ Queenjbut'1j OJ)EENSBUR Y TOWN OFFICE BUILDING ..~(- t-.:>'o BUILDING AND CODES DEPARTMENT BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 April 29, 1988 {-VI sj Mr. Charles Seeley 49 Glenwood Ave. Queensbury, N.Y. 12801 RE: Tax Map No. 105-1-37 Dear Mr. Seeley; This department has received several complaints concerning a business being operated from your location at 49 Glenwood Ave. This property is located in a SFR-I0 Zone (Residential Zone). In the original Town of Queensbury Zoning Ordinance, dated 1967, this property was zoned as a Residential Zone. Thus, any business that has b~en conducted from this location since 1967, was not legal. On February 11, 1986 you were sent an "Order to Remedy" Violation Notice covering this same complaint. We arc, therefore, directing that you remove all equipment; remove all appurtenances connected with the business from this location. You will be allowed thirty (30) days to accomplish this. Failure to comply could rcsult in c~urt action by this departm~nt. YOur/flY, /' /' /J/4?p. Bert Martin Code Enforcement Officer BM/nr cc: Steve BQrgos, Supervisor Mack Dean. Zoning & Bldg. Codes Administråtor W. ßodcnweiser. Fire Marshal Ron Montesi, Councilman EXHIBIT B , SETTLED \763. .. HOME OF NATURAl. Of AUTY .. . A GOOD PLACE TO LIVE ::........ Jo~n 01 Queen:Jburr¡ QJ.JEENSBUR Y TOWN OFFICE BUILDING )~-. '-~ .....-.-.-.-.. ---.--..- . BUILDING AND CODES DEPARTMENT BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 6/77- April 28. 1988 Mr. Charles Seeley 49 Glenwood Ave. Queensbury, N.Y. 12801 RE: Tax Map No. 105-1-37 Dear Mr. Seeley: This department has received several complaints concerning an <¡wte ~ r1 i. Iht:l,. being run at your 49 Glenwood Ave. location. ~. ~ ,ú/Ar() Since this is located within a SFR-10 zone. conducting a business from this location is illegal. We ask that you cease your operation at once. Further inspections will be conducted to assure compliance. yw~/ Bert Martin Code Enforcement Officer BM/nr cc: Mack Dean, Zoning & Building Codes Administrator \ \ EXHIBIT B2 SfTTLED 1763. . . HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE '~ -. '- TOWN OF QUEENSBURY OOMM~~TEEFOR COMMUNITY BEAUTIFICATION Robert L. Eddy, Chairman Mrs. Arthur J. Seney, Secretary 11 Owen Avenue 8 Queensbury Avenue "Queensbury, N. Y. 12801 Queensbury, N. Y. 12801 To I (x) Warren County Planning Board . Date I 6/3/88/ ( ) Quee,nsbury ToW11 P.lanning Board (x) Queensbury Town Zoning Board of Appeals ex) Applicant -...-/ ' Rei Variance #1370 - Charles and Barbara Seelye 49 Glenwöod Avenue We have reviewed the request fori (x) Variance, ( ) Site Plan Review, ( ) Other - and have the following recommendations I (x) Approval ( ) Disapproval A machine shop is being operated at this location in a large garage near the property line with Northern Homes, about 80 feet from the residence and real estate ,office of the neighbors to the south. The building is only 12 feet from the adjoining property to the east zoned as residential. This 12 feet is wooded and will remain as is. ' If the business grows much more, it will be necessary to seek a new lQcation. An eight foot fence screens off view from the neighbors to the south and their garage. Mrs. Seeyle informed the Committee that sculpture spruce will be installed in front of the house and plantings will be installed in front of the garage (machine shop). In addition to the above landscaping, screening and planting provisions, the Committee wishes to go on record that it does 'not approve I 1. Non-conforming signs, 2. Plastic or artificial trees, shrubs or flowers. In approving the above (or attached plans), the Committee has the expressed or implied agreement of the applicant to replace immediately dead trees, shrubs or plants, and to give proper maintenance to all plantings. All rubbish containers or dumpsters shall be screened, all plantings shall be mulched and trees shall be retained'or planted, as agreed. EXHIBIT C "", '-- TOWN OF QUEENSBURY ---,,' " OOMM~~TEE FOR COMMUNITY BEAUTIFICATION Robert L. Eddy, Chairman 17 Owen Avenue "Queensbury, N. Y. 12801 To. (x> Warren County Planning Board (~ Queensbury Town Planning Board (>ð Queensbury Town Zoning Board of Appeals ( >ð Applicant Mrs. Arthur J. Seney. Secretary 8 Queensbury Avenue Queensbury, N. Y. 12801 6/3/88 , Da te I Re. Site Plan #25-88 & Variance #1373 The Langan Group Quaker Road We have reviewed the request for. Oc) Variance, (x) 5i te Plan Review, ( ) Other - and have the following recommendations. ( ~ Approval ( ) Disapproval The building and grounds follow specifications of Mazda Cars. The foundation plantings consist of Sargent's Junipers and Spruce. Green area is 33%. There will be 188 parking spaces, sufficently divided to conform to Section 7.071 (c) of Queensbury's Zoning Ordinance. MUlching with either fiber-glass mat and/or shredded wood tailings was agreed upon. The Committee was concerned that the proposed grass behind the upper right section of the building would turn into a storage area for junk cars, but we wére assured that either Langan Group or Mazda inspections would not allow this or other storage of junk cars on the premises~ This problem exists ~t, other car dealerships and repair garages in-Town and The Beautification Committee is concerned with this problem. The representative of R. E. Jones Associates was urged to ask the applicant to plant low growing shrubs or evergreens in the grassed area between the road and the front parking areas. This area is lacking in trees, but this was not insisted upon. In addition to the above landscaping, screening and planting provisions. the Committee wishes to go on record that it does not approve. 1. Non-conforming signs. 2. Plastic or artificial trees, shrubs or flowers. In approving the above (or attached plans), the Committee has the expressed or implied agreement of the applicant to replace immediately dead trees. shrubs or plants. and to give proper maintenance to all plantings. All ,- rubbish containers or dumpsters shäll be screened, all plantings shall be mulched and trees shall be retained or planted, as agreed. c:;:ec U11 r):~i. "Robert L. Eddy, Chai EXHIBIT D · ~ ...- ROBERT L. EDDY 17 OWEN AVENUE QUEENSBURY. N. Y. 12801 6/4/88 F~fIr- n-O HLII "'" ::I"¡i~¡., Y , ~ LìJ.jr, Zoning Board of Appeals Re: Sign Variance #1375 Corporation Mobil Oil This sign variance should be denied forthwith. Mobil Oil has not proven they are a cooperative corporate citizen. Their canopy sign was taken down only recently as disapproved under sign variance #1139 on September 25, 1986, and then, obviously, to obtain this variance. This ladder sign was to have been removed at that time and still remains in place. The sign is not needed, as there is plenty of evidence of the products for sale. Signs at other locations do not conform ,to Queensbury's Sign Ordinance and there is no evidence Mobil Oil intends to conform. Non-conforming signs were placed on this property without permits and the Zoning Board granted non-conforming set backs where Mobil Oil could just as well have placed conforming signs with proper permits. Variances can not be justified, just because the signs are in place. Please deny this application. Sincerely, ~/£f~ EXHIBIT E "'-- r,LE COpy A DIVISION OF RELIABLE RACING SUI'f'LY, INC. 624 Glen StreBt · Glens Falls, NBw York 12801 · (518) 793-5676 June 8, 1988 TOWN Of QUEENSBWW íi\\, I~'-¡ '~I;}W~~ _.:-~ V) .~ íl- Il~ ~ VII.:' t'b J~\ 1: ~;7...L~ 88 ~ WJ i' "". h'~N;"~: C~PARTt.~!:.N~- Mr. Ted Turner, Chairman Town Planning Board Town of Queensbury Town Offices Bay & Haviland Roads Glens Falls, NY 12801 Dear Mr. Turner, The Inside Edge Ski and Bike shop would like to request that the Queensbury Board of Appeals table our sign variance application for one month. I apologize that I must be out of town on business. On Monday, June 6th, 1988, the Warren County Planning Baord moved for no decision on my request for a sign variance. I hope thab you can find my request a legitimate and honest request. I understand that asking for a 'table' has been abused, However, I can assure you that this request is done with the best intentions. Thank you for your consideration. Sincer~ I!L~ Gates . Manager MG/bc cc: Tom Jacobs EXHIBIT F