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1988-09-07 SP ',---, -../' QUBBRsauRY ZOIIING BOARD or APPBALS SPECIAL MESTING. Wednesday, September 7, 1988 at 7.30 p.m. StorytoWft, U.S.A., Inc. dlbla The Great B.cape aVARIU PALACB Present. Theodore Turner, Chairman Daniel Griffin Jeffrey Kelley Susan Goetz, Secretary Charles o. Sicard Paul Dusek, Counsel L.e York, Sr. Planner Mary Jane F. Moeller, Stenographer Absent. Gustave Behr Michael Muller Mr. Turner called the meeting to order at 8.00 p.m.. AREA VARIUCB NO. 1404 The applicant seeks a variance from Section 7.051 of the Zoning Ordinance. excavation causing grades in excess of 30 percent. Messrs. Wayne Judge and Robert Stewart, Ssg's., represented the application. Mr. Judge reviewed the past history of the Bavarian Palace. In 1986, Story town purchased the Bavarian Palace at the World's Fair in Vancouver Be. The building was dismantled and was to be moved to Story town. Prior to its move, the Code Bnforcement Director at Queen.bury was notified ooncerning the general plans for the building. In the Spring of 1987, application was made for a Building Permit, under the name of Attractions Land, Inc., which is the owner of the real property, this was issued and the building was constructed. Shortly thereafter, the addition of a kitchen and some lavatory facilities were planned, a Building Permit was requested and granted and the addition was put on the building. The Fire Marshal approved the site and granted the Underwriter's Approval for the building. The septic system was inspected by DEC, DOH, and Queensbury Building Inspector, it was approved and a SPDSS permit was issued. The area where the seepage pits were installed were blacktopped over where the area had been planned for parking. At this point, all permits had been issued and a Certificate of Occu- pancy (hereafter C.O.) was requested. Prior to that time, the que8tion of access on Round Pond Road arose, so a written application was made to the Warren County Highway Department for perai88ion to install two access points onto Round Pond Road, 24 feet wide each. The Warren County Ass't. Highway Superintendent, Roger Gabo, investigated the property, granted 1 '~ --' permission to install the two access areas on the property, with the condi- tion that a large portion of the berm be removed. Most of the berm was removed prior to the time that the C.O. was requested. In the process of removing the berm and in compliance with the permit issued by the Highway Department, there was loose fill in the area and the site looked un- finished. Mr. Wood at the time was attempting to finish the site, so that the Queensbury High School could conduct its prom in the Bavarian Palace building. David Hatin, Queensbury's new Code Enforcement Officer, discovered a discrepancy in the Queensbury Town Zoning' Ordinance, only some of the copies in the Building Department had -restaurant- written in ink under the requirements for Site Plan Review. Most of the lawyers in Warren County did not have -restaurant- written in ink, because that particular provision was added at a later time, as the statute was printed, including Mr. Judges' copy. Restaurants, however, do require a Site Plan Review before a C.O. can be issued. In order for the prom to be held, Mr. Hatin issued a one-day, tempor- ary C.O., upon condition that the application for Site Plan Review was com- pleted within five days thereafter. Tom McCormack of Coulter and McCormack, Land Surveyors, worked with Mr. Judge on the plan. The hastily put-together application was submitted to the Warren County Planning Board, Beautification Committee and to the Town Planning Board. A major difficulty was that the plans submitted were for an accomplished fact, the macadam was in, the building was installed, the slope cut, etc. The appli- cant and the Building Dept. thought all the work had been in compliance with all applicable permits, however, the initial Site Plan Review had not been submitted. Because the building had been completed, a list was compiled of com- plaints that the various Boards had, so that the applicant could bring the project as much into conformity as possible. The primary concerns raised were_ traffic, statute provided that no component of a septic system could be buried under a parking area, slopes, and number of parking spaces (98 were needed instead of 74). The Town Planning Board Table the application, so the matter could be worked on further. Richard Morse, Engineer, was hired to re-engineer the septic system, which was presented to the Town Board (acting as the Health Department) and approved with the placement of the seepage pits under the parking area. After a traffic study was done, the applicant reappeared before the Warren County Planning Board, who approved the new, revised Site Plan by a 2 --,' '...-' vote of 8 to 1. The Beautification Committee approved the project after both presentations. Thursday, September 8, the application will be presented before the Town Planning Board for the second time. The applicant wishes to have approval on slopes that have already been installed and cut, in addition to an Interpretation of the Board's statute. The statute provides that, if an excavation is performed that results in a slope in excess of 301, a Variance i. required. From a legal .tandpoint, the te.t is not to prove hardship, but to prove practical difficulty. Richard Mor.e of Morse Bngineering explained that there are two areas not in compliance with the 301 requirement. 1) facing the building from Round Pond Road, the .10pe on the left (we.terly), which is 621 at the steepest point, 2) on the right (east.rly) the .lope is 381 in grade. Both slopes run back into the property. Regarding the west.rly-most slope, a r.taining wall approximately 36 inches high will be placed, the sloped will be regrad.d to meet a 501 slope (or 2 on 1 slope). This is a requirement that NYS accepts for road de.ign for grad.s in .xcess of six feet. On the ea.terly entrance to the campgrounds, the slopes are current- ly .tabilized at SOl. The slopes will be mulched and se.ded with crown v.tch plant. and seed mixture, and an annual rye for quick stabilization. The slopes have been barren throughout the .ummer and have remained in good condition. There has been some minor gully erosion along the acc.s. road to the upper part of the .ite. Mr. Judge presented a letter from David Krugman, on behalf of Guido pas.arelli, property owner across the stre.t on Round Pond Road, zoned residential, stating the the project does not alter the essential charac- ter of the neighborhood. (Notel Chairman Turner granted Mr. Judge permi.sion to present the Variances con.ecutively). AREA VAJtIAllCB NO. 1403 The application is for a banquet facility on the northerly side of Round Pond Road, approximat.ly 100 ft. Bast of the intersection with Rout. 9, RC-15. Section 7.079 of the Zoning Ordinanc. mandat.s a buffer zone be measured ·from the adjoining lot line of the residential u...· ·Buffer Zone· is defined in S.ction 2.020 as ·undev.loped land.· A) The applicant seeks an interpretation that, when ·lot line· abuts a public street, the statute is unenforceable. B) In the alternative, the applicant seeks a Variance. 3 '-----' -' Robert Stewart, Esq. made the presentation on buffer zones. At the Planning Soard meeting, the question was raised of whether or not the Ordinance has a requirement that, between the Recreational Commercial zones and the Residential zones, there has to be a 50 foot buffer zone. Mr. Stewart referred to two sections of the zoning Ordinance. 1) Section 4.020gl Recreational Commercial (Exhibit A). There is no provision for an unusual setback or buffer or anything between the residential commercial area and residential zone. Mr. Stewart noted the PURPOSE of 4.020-g, which includes ·Residential uses (seasonal included) are considered compatible with Recreational Commercial zones.· 2) Section 7.0791 Buffer Zones (Exhibit B). This section discusses usesl ·Where any commercial use or industrial use ... abuts a residential use · then there is requirement for a 50 foot buffer zone. The applicants have taken the position on the fOllowing. a) The Bavarian Palace is a R.creational Commercial use, th.r.fore, buffer zone does not apply. b) Some of the uses that are acc.pted within a Recreational Commercial are similar to those things you would do within a commercial use, iel Great Escape is recreational, but it also sells hot dogs, etc., which is commercial. As stated above ·resid.ntial use,· Mr. Stewart contends that this does not mean ·zone· and that the pro- perty across Round Pond Rd. is not us.d for anything, it is vacant land. Further, the section states that the measurement is from the ·ad- joining lot line of the residential us..· There is no adjoining lot line, there is Round Pond Rd. with vacant property on the other side. If the above points are ignored and a buffer zone is required, it would have a staggering effect, a buffer zone is not like a 50 foot yard setback (no buildings). A buffer zone means no improvements, no dev.lop- ment of the zone, except landscaping. In summary, Mr. Stewart stated there is no buffer requirement in the zone, there is no use that requires a buffer zone (7.079) and th.re is no reason to believe that this property is subject to a requirement of a 50 foot buffer zone from Round Pond Road. Mr. Judge stated for the record that the applicant is not a person who arrogantly put up a project without any regard for the law. The project was constructed in good faith and in apparent compliance with every regula- tion of the Town. He asked that this be taken into consideration, because both Variances are need.d from the Zoning Board at this meeting, in ord.r to app.ar before the Planning Board tomorrow evening. A majority vote is need.d. 4 '--' ~ Regarding the buffer, Mr. Stewart requested an Interpretation or Opin- ion from the Board that there is no buffer requirement applicable. If the Board disagrees, then the application asks for a Variance. Public ...ria, O,..ed. Support Marilyn Stark. Mohican Motel Ms. Stark urged approval of the Variance. David Kenney. Adirondack Pactory Outlet/Day's Inn Mr. Kenney is in favor of tbe proposal, tbe applicant bas demonstrated bis position quite well. Mr. Kenney was on tbe Advisory Committee and agrees witb Mr. Stewart tbat a buffer zone would not be applicable in tbis case, a Variance is not required bere. Robert Eddy, Beautification Committee Mr. Eddy stated tbat be was a member of tbe Zoning Ordinance Revision Committee and tbe buffer zone was his suggestion. His intention was wbat goes on on eitber side of tbe property and at tbe rear, but not wbat went on across the road. The word ·use· also was Mr. Eddy's suggestion, this was to protect the residential properties from encroachment by commercial, industrial or recreational/comaercial. In the new ordinance, anything that exiats would be exempt from the requirement, but anything that is be- ing built, would require a buffer. Opposed, none Public ...riD, Closed Correspondence. Mrs. Goetz read a letter from tbe Beautification Committee (Exbibit C). Regarding the buffer, Mrs. Goetz agreed with Mr. Stewart and does not believe a road is a buffer zone. Messrs. Kelley and Griffin also agreed that, with the highway involved, there should be no buffer zone. Mr. Griffin also stated that, with the lay of the land on the south side of the road, there most likely would be no residential use in that area. Mrs. Goetz moved that NO VARIANCE IS REQUIRED for Area Variance No. 1403, Story town U.S.A., Inc.. Zoning Ordinance Section 7.079 states ·Where any commercial use or industrial use as defined in this ordinance, abuts any residential use at the lot line or on the same street, that said commercial or industrial use shall provide at least a 50 foot buffer zone from the adjoining lot line of the residential use.· Mrs. Goetz does not - feel that applies in this particular case. In Section 4.020-g there is no indication that a buffer zone is needed in Recreation Commercial. 5 ,-,,' '---' Seoonded by Mr. Sioard. Prior to voting, Mr. Turner stated that his employer, National Welding Company, oooasionally does work for Mr. Wood. Paul Dusek, Counsel, ad- vised him that his vote would be aooeptable. pass.d U...i~..ly Mr. Griffin moved APPROVAL of Area Variance No. 1404, Story town, U.S.A., Ino.. The applicant has demonstrated practical diffioulty. In the surrounding area, there are several cases where the slopes are in ex- oess of 30·, and they have been stabilized with plantings or retaining walls. Aooording to the plan that has been submitted before this Board, the proposed slopes will be stabilized in a like manner. Seoonded by Mr. Kelley. Pa.... Unaat.o..ly Hr. TëJi;:þ~T~O Theodore Turn.r, Chairman p.m. Date 9· I tf,f¡7 Date 6 1/1 ,( .c ",., '" , . I !.lUll (It ". ,_, '-' ~,! . , II fI, ~, ~~ ., .. I ,I, &,~ ... . ð.1 ~ . ~ n. . III . ... :" J~ ~~.... "'D..... ~ ~ 'U .1 'U . .:: ~ ~ 'i .. " :.~~.; I.. fi ¡¡: : ~ · If. u; ß 1/ ~ t:- It r. ~ I: M ~ ~ lot ~ ,I: ,I: .. I" u :. u... .,", . U II :e r· {j ,. f. .. ~ ... .. '1;1 '(; ~: :; ~ ~c:'8It~ .. 0... 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"'11'.. ..uo....'U.., ..... 11'11'. 011"0.. OU'" 1':0·... II.... .... 0 0 .... .. 0 .. >.. I: .... It g ~ . g ~ t) .. ä::: II ~ OJ ~ ......c.. ......:10..... ..... .. 110 :J 0 Po'" 1/ u ... OU .: .., >, S:! (") .. .,., II ., ,: II ..... ... k·.O.O O. ~ "1:,0,,' "'~~Ñ'fi~t:.·~"'.'~~ · ....., ...' C >..r..g........, 8...å Ü oÖ,';! ~ " &tdi.:; . ... 10' E . .... N . ... ''--"'" '--' Section 7.075 Seasonal Dwelling Unit Conversion. The conversion to year-round occupancy of any seasonal dwelling shall be permitted only after approval under a Type II site plan review and in accordance with New York State Building Code and New York State Energy Conservation Construction Code. Section 7.076 Frontage Upon a Public Street. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the standards of the ~own of Queensbury. A) The required frontage shall be i~ the amount prescribed fY Ne)i YOJ:k. .State....Town L(i~Artic,l.e·' 16, Section 280a, S\lb- division 5. 'J./.;, ','r,." . ....:,.\C,..~c,.\\' C. ,:',; c/..· ....'1 ,'1,:' , ... , ~ . . . ': ,l . l' f V . .' ; ". ,..l. ., '" .:0, .. . . I'" .' " \, I, ' ,I. ~ , \.. . ' ! . Section 7.077 Transient and/or temporary commercial use. Such uses shall be allowed in Highway Commercial Zones only, provided that approval under type II site plan review has' been granted for each individual occasion. Section 7.078 Minimum floor area per dwelling unit. 1. Single family dwelling 2. Two family dwelling, each unit 3. Multiple residential, each unit Section 7.079 Buffer Zones Amend. 6/83 - 800 sq. ft. - 7 50 sq. ft. - 600 sq. ft. Where any commercial use or industrial use as defined in this ordinance, with the exception of farm operations, abuts any residp.ntial use at the lot line or on the same street, that said commercial or industrial use shall provide at least a 50 foót buffer zone from the adjoining lot line of the residential use. Section 7.080 Farm Classifications. Because of the diversity of land use in Oueensbury and for purposes of' this Ordinance, farms are classified in four (4) categories (A, B, c, D) as defined below. Class A - Any parcel of land in excess of ten (10) acres used for the raising of agricultural products of the keep- ing of poultry, fowl, livestock, small mammals or domestic animals for commercial purposes, incluøing the necessary farm structures and the storage of farm equipment. Class B - (Animals) Any parcel of land less than ten (10) acres, but more than five (5) acres, used for raising or keep- ing of livestock, poultry, fowl, small mammals or domestic animals either for commercial purposes or for personal pleasure or use. . , - -41- j.Çl ff¡'9¡'" ð