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1988-09-28 SP '-" / - QUEBMSBURY ZOBIIIG BOAJU> OF APPEALS SPECIAL Meeting: Wednesday, September 28, 1988 at 7:30 p.m. Present: Theodore Turner, Chairman Daniel Griffin Jeffrey Kelley Susan Goetz, Secretary Michael Muller Charles O. Sicard Paul Dusek, Counsel Mary Jane F. Moeller, Stenographer Chairman Turner called the meeting to order at 7:30 p.m.. Minutes from August 17, August 24 and September 7, 1988 were discussed and correc- tions are as follows: August 17, 1988: Use Variance No. 1372: Page 3, Paragraph 2: ..particular of.. sIb ..particular piece of.. Use Variance No. 1391: Page 11, Paragraph 4: Mr. Kelley corrected as follows: ..with as Zoning... sIb ..with by Zoning. . . ~ The tape verifies the typed text is correct .. with as Zon- ing..., therefore, Mrs. Moeller requests that no correction be made at this time. Page 12, Paragraph 2: ..used as zone.. sIb ..used as zoned.. September 7, 1988: Area Variance No. 1404: Page 3, Paragraph 4: ..David Krugman.. sIb ..David Krogmann.. Mr. Sicard moved APPROVAL of the minutes as corrected. Seconded by Mrs. Goetz. Passed Unanimously NEW BUSInSS INTERPRBTATIOB NO. 45-1988 Glenwood Properties This is for the Interpretation of parking requirements: method of 1 '-- '~ determining based on floor area computations, Section 7.017b. Interpreta- tion in respect as to whether computations omit the exterior wall thick- ness, as a part of the computation for determining the square footage for parking requirements. The Section indicates that -requirements shall be the sum of the horizontal area within exterior walls of several floors of a building.- Richard Jones, Richard E. Jones Associates, was present to review the Interpretation, specifically in regard to the Town Zoning Ordinance, Section 7.017b (Exhibit A). There was no discussion from the Board, as the members were in agreement with Mr. Jones. Mr. perties. respect to purpose of horizontal excluding service.- Turner moved AGREEMENT with Interpretation 45-1988, Glenwood Pro- The zoning Board of Appeals agrees with the applicant that, in Section 7.017b, it does indicate that the floor area for the computing the parking requirements ·shall be the sum of the area within the exterior W6lls of several floors of a building, basement, cellar and attic areas used primarily for storage or Seconded by Mrs. Goetz. Passed Unanimously INTERPRETATION NO. 44-1988 Glenwood Properties Interpretation of parking requirements I proper determination of use of the structure on the site utilized for insurance sales and the determin- ation of the number of spaces that will be required for that use. Off street parking schedule, Section 7.072 and definitions from Section 2.020. Richard Jones, Richard E. Jones Associates, was present to review the Interpretation, specifically in regard to the Town Zoning Ordinance Sec- tions 7.072 and 2.020 (Exhibit B). Mr. Jones verified that the addition to the accounting office will be considered professional. There was no discussion from the Board, as the members were in agreement. Mr. Turner moved AGREEMENT with Interpretation No. 44-1988, Glenwood Properties. The zoning Board of Appeals agrees with the applicant that the insurance business is considered a commercial use, and the requirement for that is 5.5 parking spaces/IOOO square feet gross floor space. The addition to the accounting office will be considered a professional use. Seconded Mrs. Goetz. Passed Unaniaously 2 ~ ~ AREA VARIANCE NO. 1412 Glenwood Properties This Variance is for an addition to the existing professional office utilized by the Accountants located at 79 Glenwood Avenue, HC-15. Richard Jones, Richard E. Jones Architects, represented the applicant. parking is supposed to be 50 feet from Halfway Brook. As a result of a presentation before the Town Planning Board, there will be 1) the elimina- tion of parking spaces to the west increasing the setback from 25 feet to 45 feet, 2) the removal of two spaces along Glenwood, one on the westerly corner and one at the opposite corner, 3) reduction in the lot on the east side of the property. To meet zoning, 138 parking spaces are required, however, a total of 33 spaces will be turned into green area. Presently, there are 88 spaces on-site, and Mr. Jones feels the reduction from 138 spaces required to 105 spaces requested is realistic, because of the pre- sent 70' parking capacity. The accountants anticipate adding ten to the Staff. The Prudential building is full on Friday's, but otherwise the parking lot is empty, the impact of clients is minimal, perhaps 3 to 4 daily. There is sufficient land available for additional parking, and re- graded areas will be ready for paving. Public Bearingl Dr. George Wiswalll Glenwood Avenue Mr. Jones reviewed the proposed parking with Dr. Wiswalll parking that is being considered for deletion occurs on the south side of the existing building adjacent to the brook, the Planning Board requested the deletion of 3 spaces along Glenwood and an additional 12 spaces from the new easter- ly parking lot, which would place vehicles farther away from the brook and Glenwood Avenue, there would be regrading, there are no new entrances be- ing created along Glenwood, and the through access will remain. Mr. Wiswall requested to know if the right-of-way will become a public thoroughfare and suggested that the road be posted as to is use. The pur- pose would be to discourage people from driving through, as Quaker Road and Glenwood Avenue have become busier. Public Bearing Closed Correspondence I Warren County planning Board approved. Mr. Kelley moved APPROVAL of Area Variance No. 1412, Glenwood Proper- ties. There will be relief of five (5) feet from Halfway Brook pertaining to the parking area on the southwesterly portion of the property, the requirement is fifty (50) feet from the brook. The difficulty is that no more paving can be taken away because there could be no driving between the green area and the corner of the building. 3 -../ Regarding the parking, the Zoning Board of Appeals is allowing the number of spaces to be cut back, at the suggestion of the Town Planning Board, to provide more green area. It has been proven that the number of spaces required would not be used because of the nature of business. The Ordinance requires a minimum amount of blacktop and as much green area. The applicant is requesting 105 spaces, rather than the required 138, this is a reasonable amount. Seconded by Mr. Turner. Passed Unanimously AREA VARIANCE NO. 1413 Paul Cordes The application is for a setback of 14.3 feet, in lieu of the required 15 feet at 35 Hidden Hills Drive, SFR-I0. The total distance to the adja- cent structure is over 31 feet. The Variance is needed, due to an error by the foundation contractor. Mr. Cordes represented the application. Mr. Turner requested to know why the house was not moved to the west. Answer: Because of the topogra- phy of the land, it goes up sharply and there are trees. Mrs. Goetz stated that, with the new Zoning Ordinance, hopefully this type of problem will be picked up earlier. Mr. Cordes stated he noticed the discrepancy and requested a survey, before further problems arose. Public Hearing: no comment Correspondence: none Mr. Muller moved APPROVAL of Area Variance No. 1413, Paul Cordes. The request is for the minimum relief necessary and the practical difficulty is that the applicant is not expected to move the house to gain the very few inches. Seconded by Mr. Sicard. Passed Unaniaously AREA VARIANCE NO. 1414 Harry R. and Linda A. Baker 4 '-.- -----' The application is for a deck addition off Route 9L at the mouth of Dunham's Bay, LR-3A. Dean Howland is agent for the application and stated that the existing house had four bedrooms, but the proposal is for three bedrooms, the deck off the bedroom will be a walkway to the living room, there will be easier access to th~ dock. The dimensions of the deck are 17 feet wide x 8 feet deep. The new deck on the east will extend out two feet, to give a change of character. On the east, there is 56 feet from the building to the lake- shore, but the existing northeast corner is closer. Stairs from the deck have not been discussed. Public Hearing: no comment Correspondence. has submitted the answers. Warren Short County Planning Board approved. The applicant Environmental Assessment Form, with no positive Mr. Griffin moved APPROVAL of Area Variance No. 1414, Harry R. and Linda A. Baker. The practical difficulty is the setback from the lake. The deck additions are not closer to the lake than the existing house. There is no adverse affect on the neighborhood character. The applicant has submitted the Short Environmental Assessment Form, indicating no adverse environmental impact. Seconded by Mr. Sicard. Passed Unaniaously AREA VARIANCE NO. 1415 Thomas J. and Marybeth T. Babcock The proposal is to demolish the existing structure, reuse the existing foundation and first floor deck, construct a two-story, single family resi- dence at West Glen Lake on Chestnut Road, SFR-30. Murray Forth is agent for the applicants and stated that the back four feet will be within six feet of the property line, the northerly corner of the house is within 7~ feet, the purpose of adding 4 feet to the second story is to make the bedrooms more comfortable and usable, and the exten- sion is 6 feet from the property line. Piers are shown as 4 feet back to support the second floor. There would be three bedrooms upstairs and one downstairs. The present structure is practically not usable, the existing foundation and existing first floor deck, which is concrete, would be saved. The septic is located in the back, and an Engineer has been retained 5 ~ '--' to take care of septic problems. This is as result of Mr. Forth meeting with the Planning Board, where the application was Tabled. The septic is west of the house, the well and lake are located east of the house. It is necessary for an engineer to examine the sewerage system, because the make- up is not known and so that the well and lake do not become contaminated. The stone wall behind where the septic is is about 5 to 6 feet higher in elevation, so the presence of a leach field under the wall is very remote. The existing garage will stay. The proposed bedrooms are 12 ft. x 12 ft. and 12 ft. 6 in. x 11 ft., the added 4 feet is included. Total square feet of the new house includ- ing both floors is over 1600 square feet. Public Hearingl no comment Correspondence. Warren County approved. Mr. Muller moved APPROVAL of Area Variance No. 1415, Thomas J. and Marybeth T. Babcock. In demolishing the existing structure, the effect on the neighborhood is an improvement, and the change is not substantial rela- tive to the zoning Ordinance. The proposed house will be in the same foot- print, with minor extensions for reasonably sized bedrooms. The applicant has submitted the Short Environmental Assessment Form, indicating no ad- verse environmental impact. The following reliefs are necessary. northwest corner of the building, upper portion, can be as close as 6 feet from the northerly bounds of the lot, southwest corner of the dwelling, which is the first story, can be 13 feet from the southerly bounds on the building lot, southeast corner of the house can be 9 feet from the southerly bounds of the lot, north and easterly corner of the present house, which is shown on the plan as a deck, can be as close as one foot setback from the northerly bounds of the lot, house can be 46 feet back from the shoreline, which is consistent with the identical setback of the existent dwelling. Seconded by Mr. Turner. Passed Unani.ously AREA VARIANCE NO. 1416 Anne M. Parrott 6 , --/ The application is to remove the present building and construct a new single family dwelling, according to the present building codes in basic- ally the same location off Big Bay Road, SR-30. The proposal will not encroach on any other setbacks and will not increase the conformity. Mr. Turner explained that this application had been Tabled previously by the Zoning Board of Appeals, however, Ms. Parrott requested that this application be reviewed. A thirty (30) foot relief from the Hudson River is necessary. The well from the septic system is 25 feet, a water test has been submitted (on file). Ms. Parrott explained that the Building Department said that the septic tank has to be moved ten (10) feet from the back of the new building and, at that point in time, the tank will be replaced, the existing leach fields would be acceptable. The number of bedrooms is not being increased. Mr. Answer a for the records, Kelley asked if thought was given to moving the building back. If the house were to be put 50 feet back, there would be no room septic system. With a 100 year flood system, according to the there has been no flood. Public Hearinga no comment Correspondence a Warren County Planning Board approved. has submitted the Short Environmental Assessment Form, adverse environmental impact. The applicant indicating no Mr. Muller moved APPROVAL of Area Variance No. 1416, Anne M. Parrott, as the Area Variance is reasonable. The applicant proposes to remove a present dwelling and construct a modern dwelling, which will enhance the neighborhood. The Variance is necessary because of the present location of the well and septic system. There is a 14 foot setback from the north- easterly line adjacent to the L. , G. Hoag property. The relief from the Hudson River will be 30 feet, the house will be 20 feet from the river. This is a minimum relief necessary to construct a new building, taking into consideration the location of the well and the septic system as they are located. The applicant has submitted the Short Environmental Assess- ment Form, indicating no adverse environmental impact. Seconded by Mr. Sicard. Passed Unanimously USE VARIAMCB NO. 1417 Paul and Marie Laursen The proposal is to rebuild the deteriorating porch to a 12 ft. x 16 ft. dimension on Mew Assembly Point Road, 8/10 of a mile from the entrance 7 '.-/ to Assembly Point, LR-1A. the left. The structure is a yellow and glass house on Ms. Marie Laursen represented the project and requested that a change be made to the Area Variance Application. The answer on Page 3, Number 4, is to be deleted at the request of the applicant, Mrs. Laursen has no in- tention of renting the residence. Mrs. Laursen stated the porch is used mainly for a dining area, it was more financially reasonable to rebuild with a larger porch. The building is self-sufficient with kitchen, bath- room, etc. and will be four feet wider on the porch only. the construc- tion will be the removal of an 8 ft. x 16 ft. room and the construction of a 12 ft. x 16 ft. room, setbacks are satisfactory. Public Hearing_ no comment Correspondence_ Warren County approved. Mr. Kelley moved APPROVAL of Use Variance No. 1417, Paul and Marie Laursen. This is a Use Variance from the standpoint that there are two principle dwellings on a single piece of property, however, the building in question is pre-existing, nonconforming, and the applicant wants to replace a deteriorating porch with a similar-type replacement, with the exception that the new porch would be four (4) feet larger than the exist- ing porch. This is based on the information submitted_ an 8 ft. x 16 ft. room will be enlarged to a 12 ft. x 16 ft. room. This is a minimum re- quest, there is no adverse affect on the area or the Zoning Ordinance. The applicant has submitted the Short Environmental Assessment Form, indi- cating no adverse environmental impact. Seconded by Mrs. Goetz. Passed Unanimously AREA VARIARCB NO. 1418 Gary James LaRose The applicant is requesting to maintain the 14 ft. 1 (one) in. north- side setback, in lieu of the required 15 ft. setback on the single-family residence at 39 Hidden Hills Drive, SFR-10. Gary LaRose represented the application and stated that the mistake was in siting the house, the lot was not properly located. Public Hearing_ no comment Mr. LaRose. Griffin moved APPROVAL of Area Variance No. 1418, Gary James This is another case of error in siting a house. The difficulty 8 ''---- -../ is that the house has already been built, and this is a minimum relief request of under one foot. The setback will be 14 feet 1 (one) inch on the northeast corner, in lieu of the required 15 feet. Seconded by Mr. Sicard. Passed Unanimously ARIA VARIARCB RO. 1419 Queensbury Factory Outlet Center The proposal is for the construction of a new 6,000 square foot free- standing building at the northwesterly corner of its existing shopping center instead of the two existing buildings, which would be removed. The northwest corner of the proposed building would be 11 feet from the proper- ty boundary, rather than the required 30 feet, and the southwest corner of the building would be 7 feet from the property boundary, rather than the required 50 feet. Mrs. Goetz read a Statement from Robert Stewart, Esq., agent for the applicants (Exhibit C). In summary, there is a proposal to expand the shopping center, which has gone before the Town and County Boards and has been approved. The proposed expansion involves the construction of two new buildings to the east of the property, and the replacement of two old buildings at the northwest corner with a 6000 square foot building. There will be an installation of a red light at an access point directly oppo- site the present southerly entrance to the Grand Union parking lot. The plan submitted before this Board is the same, with the exception that the 88 parking spaces along Route 9 and by the two large, new buildings have been deleted and there will be green area. Blacktop area located to the east will be pulled up and replaced with crushed stone to improve perme- ability. The proposed new 6000 square foot building is farther from the bound- ary line than the present buildings. The buildings cannot be moved easter- ly because of the traffic flow. The trees to be planted will be 2~ inches, breast high. The owners are against deciduous trees because of leaf damage; iel clutter gratings, be wet and slippery causing accidents. Suggestions are for some type of a locust tree; the leaves do not become a maintenance problem. The setback relief requested is 7 feet on the southwesterly corner of the building and 11 feet on the north. New York State took the line along Route 9, but not at the southwesterly corner. Some members of the Board wanted the buildings moved farther from Route 9, but this was not possible because of the recent approval from the Planning Board. The new building is one story, 6,000 square feet, with a facade conforming to the other buildings in the complex. 9 '~ ~ Mr. Kelley was concerned about the construction of new buildings, when there are so many presently vacant. Answer I Over the years, there has been intense litigation within various segments of a family over who owns the shopping center. During this time, no one had the authority or enthu- siasm to put out the investment. The litigation is coming to an end, which clears the air for the Queensbury Factory Outlet Mall. Public Hearingl no comment Correspondence I Queensbury Beautification Committee (Exhibit D). Warren County Planning Board approved as per conditions similarly imposed in Site Plan Review 16-88 (Exhibit E). Mr. Stewart reviewed the advantages of some of the revisions at the site. The red light will be a big advantage, there will be two left-turn stacking lanes, parking has been rearranged, there are other various ways in and out, other than via Route 9, two buildings in disrepair will be re- placed. Mr. Kelley moved APPROVAL of Area Variance No. 1419, Queensbury Factory OUtlet Center. The applicant is asking for relief of a 19 foot setback on the northwest corner for a 6000 square foot building. The building will be 11 feet from the property line instead of the required 30 feet. On the southwest corner, there will be relief of 43 feet, the building will be 7 feet from the property line rather than 50 feet. The 43 feet sounds excessive, but the building is basically in the same posi- tion as the two present buildings to be removed, so it will be an improve- ment. The proposed building will have an improved setback, than one of the existing buildings. The plot plan notes that it would be difficult to move the building farther away from the property line, because it would interfere with parking spaces and traffic flow in/out of the northwest portion of the plaza. This is no more detrimental to the Ordinance than what exists. Seconded by Mr. Griffin. Passed 4 Yes (Kelley, Muller, Turner, Griffin) 1 No (Goetz) 1 Abstain (Sicard) USE VARIARCE NO. 1420 Regan and Denny Funeral Service, Inc. The application is for the construction of a five-stall garage to be used as protection for the vehicles necessary to the business and as addi- tional storage on Quaker Road, PC-1A. 10 '- Chris Gauthier represented the application and stated that the Funeral Service owns two pieces of property. The property is all trees, the fun- eral home sits on the main piece of land which is 200 ft. x 275 ft. On the north end of the lot, is a Town of Queensbury garage, the Town has permanent access through the property. Basically, there is a crematorium with a four-stall garage that is totally unused. Garage is not stipulated as a permitted use in Plaza Commercial. The funeral home was built in 1971, it is pre-existing, nonconforming. Public Bearing! no comment Correspondence. Warren County Planning Board approved. Mr. Gauthier submitted the EAF, with no positive answers. Mr. Griffin moved APPROVAL of Use Variance No. 1420, Regan and Denny Funeral Service, Inc.. This is a pre-existing, nonconforming use in the Plaza Commercial zone, and there is nothing in the Ordinance that stipu- lates a funeral service business or garage. There is no affect on the neighborhood character, because there is a cemetery on the northwest side, other commercial activities on the east side. The applicant has submitted the Short Environmental Assessment Form, indicating no adverse environ- mental impact. Seconded by Mrs. Goetz. Paaaed Unant.oualy AREA VARIABC&RO. 1421 Regan and Denny Funeral Service, Inc. The proposal is for the construction of a five-stall garage, with non- conforming side and rear setbacks on Quaker Road, PC-1A. The front set- back is conforming, as it is 275 feet. Chris Gauthier represented the application and explained that the garage is actually four stalls for cars and one stall for storage. The proposed garage is identified on the Tax Map as Parcel 1.21. The required setbacks are 30 feet at the side and 30 feet at the rear. Mr. Gauthier stated he is seeking relief on the east adjoining George Boychuk and on the west and north adjoining the Town of Queensbury. The lot size is 95 ft. x 46 ft. Public Bearing! no comment Correspondence! Warren County approved. Mr. Turner moved APPROVAL of Area Variance No. 1421, Regan and Denny 11 -.. ----' Funeral Service, Inc.. The relief granted is as followsl 20 foot setback on the rear, 14.26 foot side setback on the east, 14.26 foot side setback on the west side. The practical difficulty is that the location of the garage elsewhere would not make the lot functional. This is a minimum relief for the rea- sonable use of the land. Seconded by Mrs. Goetz. Passed Unanimously AREA VARIARCE NO. 1422 Donald E. and Marilyn Higley The proposal is for an addition of a sunroom and deck on Jay Road, Glen Lake, SFR-30. Donald Higley represented the project and submitted an RAF, which has no negative impact, in addition to a letter from his neighbor, Jean W. Tinney, who approves the project (on file). The deck will be used as an entrance to the house. The house is 52 feet from the lake, without the deck, which will be 42 feet wide x 10 feet deep, therefore, a relief of 8 feet is required. PUblic Rearingl no comment Correspondence I Warren the Short Environmental mental impact. County Assessment approved. The applicant has submitted Form, indicating no adverse environ- The foundation of the deck will be about four feet high. The cottage is 20 ft. x 42~ ft., plans are to extend a sunroom out 16 ft. x 42~ ft., the deck will extend out 8 ft. on the east, 10 ft. on the south, with a circular shape at the southeast corner. There are seven steps leading from the deck to the ground area leading to the lake. There is a 12 foot sliding door from the sunroom on the east, with atrium doors which open in the center and face south. Mr. Griffin moved APPROVAL of Area Variance No. 1422, Donald E. and Marilyn Higley. The applicant has demonstrated practical difficulty be- cause of the size and the shape of the lot, and the fact that the house sits higher above the ground where the deck will be built, this will en- hance the looks of the area. The reliefs are as follows I 12 ~ ~ 13 feet on the south, 8 feet on the east, 20 feet on the southeast at the circular portion of the deck. This is a unique piece of land and will have no visual impact. as the neighbors cannot be seen. woods are on the west, and the lake is on the east. The applicant has submitted the Short Environmental Assessment Form. indicating no adverse environmental impact. Seconded by Mr. Turner. Passed Unanimously AREA VARIANCE NO. 1423 Joseph R. Norton The application is to construct an unattached garage 18 ft. x 24 ft. at 5 Wintergreen Road, SR-20/SFR-10. Since the property is so deep as opposed to the width, Mrs. Goetz questioned why the garage could not be moved over. to avoid being so close to the property line. Reason I The existing septic system is a 55 gallon drum. The subdivision for the lot was created in 1972, all the lots are quite narrow. The distance between the storage shed and the garage is about 15 feet, with a 12 ft. x 6 ft. deck next to the garage. Presently, the garage is proposed to be l~ ft. away from the deck, which is attached to the house, Mr. Turner informed Mr. Norton it had to be 10 feet. Mr. Norton agreed to move the garage back. so it is 10 feet from the house. Public Hearingl Lucy Couture I neighbor. Ms. Couture questioned how far the garage would be from her property line on the north. Answer I 7 feet. Public Hearing Closed. Correspondence a none Mr. Turner moved APPROVAL of Area Variance No. 1423, Joseph R. Norton, for the addition of an unattached garage. There will be a relief of 8 feet on the north property line side setback. The garage, as shown on the drawing, will be moved back so there is 10 feet from the 12 ft. x 6 ft. porch, as indicated on the drawing. The practical difficulty is that the pre-existing lot is narrow in the front and deep in width. 13 ---- Seconded by Mrs. Goetz. AREA VARIAlCB RO. 1424 Rodney B. Sawyer The application is to construct a storage building at the corner of Boulevard and Park Avenue, UR-10. Rodney Sawyer represented the application. Mrs. Goetz felt that, with the addition of the storage building, there would be too many buildings. She questioned the possibility of constructing a larger garage or an addi- tion to the garage, where much of the belongings could be put out of sight. Mr. Sawyer felt that he would not be able to get the size building needed for the antique cars, which are his hobby. He buys and sells an- tique cars and does some reconditioning work, however, at present he deals mostly with motorcycles. There is one antique car in the existing garage, one outside, plus a couple of trailers, motors, assemblies, etc. The garage is full of parts which he would like to move to the new building, so the existing garage can be used for his wife's car. The garage will be one story, salt-box type, with a long slope on the rear. There will be an overhead door facing Park Avenue, a driveway will not be needed as the building will be used for storage. ¡The door will be 8 feet high x 10 feet wide, and the building will be even to the existing garage. The setback from the right-of-way to the garage will be 4 ft. 5 in., there will be l6~ from Park Avenue to the front of the building. Staff suggested that a smaller structure would conform to the required setbacks. Mr. Kelley suggested a narrower building, especially since there is to be only one door. Mr. Sawyer agreed that the building could be 20 ft. x 40 ft. The right-of-way, which would be next to the proposed storage build- ing, consists mostly of trees and there is no walkway. Public Hearings no comment Correspondences Warren County Planning Board approved. Mr. Kelley approved Area Variance No. 1424, Rodney B. Sawyer. The applicant has agreed to change the proposed building from 24 ft. x 36 ft. to 20 ft. x 40 ft. There will be a reliefs ofs 1.5 feet from the northerly property line, the building will be 8.5 feet from that same line. 13.5 feet from Park Avenue, the building will be 16.5 feet from the property line, the same as the existing garage, 6 inches between the proposed building and the garage, there will be 9.6 feet between the two buildings, 14 '-..-- - the house and the existing garage are in the same line. The practical difficulty is that the applicant wants to build the stor- age building but, due to the location of the existing garage, pool and house, there is no other suitable place. The building will be one story, there will be one, 10 ft. wide x 8 ft. high overhead door on the Park Avenue side. The building will be used for storage only, no other use. Seconded by Mr. Muller. pas.ed 5 Yes (Kelley, Muller, Sicard, Turner, Griffin) I No (Goetz) SIGH VARIARCB RO. 1425 Broad Street Car Wash, Inc. The proposed use is for a free-standing sign to say ·Quaker Road Car Wash· at Quaker Road and Dix Avenue, PC-IA/LI-IA. James W. Roberts, Vice president, represented the application and veri- fied that this is for a second sign, because there is only one in place on Quaker Road and the lot is very large. Public Rearing. no comment Correspondence. Warren County approved. Mr. Griffin moved APPROVAL of Sign Variance No. 1425, Broad Street Car Wash, Inc.. The practical difficulty is that there are two entrances, one on Dix Avenue and one on Quaker Road, separated by a rather large lot. The request is reasonable for a second, free-standing sign. Seconded by Mr. Turner. Passed Unanimously. Chairman 'l'urner adjourned 2tÞi!v Ç)~f4 Theodore 'l'urner, Chainaaß the ..etiftl at llaOO p... /~ ~ /9- 7?j' øafe ~,~C/ Koeller, Steaographer 10- V-I'? Date 15 - RICHARD E. J'bftJES ASSOCIATES ARCHITECTS . INTERIOR DESIGNERS 119 AVIATION ROAD GLENS FALLS. NY 12801 (51.8) 793-1015 .JJ-- ~=;.dJ>' ~ ry)()_ y):/)W ~ August 31, 1988 Town of Queensbury Planning and Zoning Bay Road Glens Falls, New York 12801 Att: Dan Ling Re: Intérpretation of Zoning Ordinance, Glenwood Properties Gentlemen: We request the following· interpretation for the above referenced project: Parking requirements: method of determining based on floor area computations, Section 7.071 b). (See attached copy of Section 7.071) We request interpretation in "rèspect to whether computations omit the exterior walls thickness as a part of the computation for determining the square footage for parking requiremènts. The Section indicates that requirements shall be the sum of.the Horizontal area within exterior walls of several floors of a building. ver.y truly y~u1S' IZ~J£rT~ Richard E.Jones, AIA REJ/bj ,. enc. cc: Glenwood Properties, file £X/I1ß/T 19 / / / '''-../ \,-" '-.../ ~ ~ a) Sufficient space for adequate parking and circulation of probable vehicle space demand. Safety of through-property designed egress and gua~anteed access for emergency vehicles. b) c) Safety for pedestrians by separating vehicle and pedestrian ',areas through physcial barriers and visual separation. ' " , . Section 7.071' Off-Streêt Parking Design. , "-/ 'v, .. , , Off-street parking space shall be required for all buildings constructed, altered, extended and engaged in use after the effective date of this Ordinance. Each off-street space shall consist of at least two hundred (200)' square feet and shall be at least 10 feet wide by 20 feet long and shall be reached by an acc~ss driveway at least 20 feet clear in width. In addition, space necessary for aisles, maneuvering, safe pedestrian walkways and drives, shall be provided. Parking requirements are. specified in Section 7.072. ":;~:>.' . For uses not specified ,in Section 7.072, the Planning Board may establish parking requirements consistent with those specified in Section 7.072. ' ' a) For any building having more than one(l) use, parking space shall be required as provide,d for each use. b) Flóor areas for the purposes of ~omputing parking'require- ments sha¡l be the sum of the horizontal area within exterior ,wal~s ox the several floors of a building, excluding basement, cellar and attic areas used primarily for stor~ge.or service. Any'parking lot or parking area that will ,contain more than 100 cars shall be effectively divided by planted divider strips or curbing fixed in place so as to effectively divide each parking area of 100 cars froma~othe~ driveway and park- ing, area for the purpose of insuring'safety of vehicles moving within the entire parking area, and to control speed. There ลก~all be one access point (egress-ingr~ss) fro~ parking areas for' Industrial and Commercial uses. There shall be a physical barrier 'separating the ingress and egress area of the access point. A maximum of two lanes (20') shall be permitted for each. Access points shal~ be separated from adjoining access points by at least 150'. 9) d) e) All parking shall be adequately lighted. -37- '. RICHARD E. J~ES ASSOCIATES ARCHITECTS . INTERIOR DESIGNERS, 119 AVIATION ROAD GLENS FALLS, NY 12801 (518) 793-1015 -../ August 31, 1988 Town of Queensbury Planning and Zoning Bay Road " Glens Falls, New York 12801 Att: Dan Ling Re: Intérpretation of Zoning, Glenwood Properties Gentlemen: We request the following'interpretation for the above referenced project: Parking requirements: proper determination of use of the structure on the site utilized for insuarance sales and the determination of -the number of 'spaces that'will:be required for that use. Off street parking schedule, Section 7.072 and definitions from Section 2.020 attached. The building that is occupied by Prudential Insurance does not fit the definition for professional offices but does relate to the commercial use. Insurance sales people are not licensed as professionals with the State Education Department as the listed professions are in definition no . 8 9 . Very truly yours, (l;L~ £, ~---' Richard E. Jon~ AIA REJ/bj enc. cc: G1enwood Propert~es, file I¿:-Yllt"'l T 13 20. '--" 21. 22. .23. . 24. 25. '-" ~ \..J "Class A Regional Subdivision" I?eans a subdivis~o~ ,?,hich i~ classified, and defined as such 1n the Town SUbd1V1s1on ' Regulations. Only applicable within Adirondack Park. "Class B Regional Subdivision" means a subdivision which is classified and defined as such in the Town Subdivision Regulations. Only applicable within Adirondack Park. "CleÇ1rcutting" means a~y cutting of all or a ,~ajority of all trees over six (6) in<::hes in diameter at breast height over any ten year cutting cycle. "Cluster Development" means a planned development in which lots are plotted withless'than the minimum lot size and ~imension requirements, but which have access to common open space which is a part of the overall development plan approved by the Plan- ning Board as per Section 281 of 'Town Law. "Commercial Sand and Gravel Extraction" means any extraction from the land of mo~~ than fifty (50) cubic yards in any two year period of sand';,'::gravel or topsoil (1) for the purpose Ç>f sale or use' by persons other than the owner of the land, or (2) for the purpose of use by any municipality. (See Def. #36, Excavation, Def. #67 Mineral Extraction, Def. #88 Private Sand, Gravel or Topsoil Extraction) "Commercial Recreation Use" means any use involving the pro- vision of recreation' facilities or activities for a fee. 26. "Commércial Use, Transient and/or Temporary" means any com- mercial use where retail display is principally outdoors or within temporary structures including tents. Said use is typical~y seasonal, not a principal part of a commerqial establishment, operating from the same site and facil'ity year- round. Such use shall not include community based religious or civic groups or organizations. (See Article 7, Sec. 7.077) 27. "Commercial Use" means any use involving the sale or renta). or distribution of goods, se~vi~es or commodities, either retail or, whol'esale ." ..- " 28. "Common Facilities" means complementary structures and/or improvements located on a cqmmon open space appropriate for the benefit and enjoyment of the space by the public or members of the controlling association or coµdominium. , 29. "Common Open Space" means a parcel or parcels of land and/or an area of water designed and intended for the private use, includtng ,that of an ,association or condominium or public use or enjoymen~ of the space., \..J' . -5- ." '-"' -./ '85. IIpèrmitted Use" means any use requiring 'no sp~cial action by the Bóàr'd of 'Appeals or site plan review by the Planning Boªrd before a þµilding permit is granted by the Zoning' Administrator, subject to all other applicable provisions of this Ordinance. ' 860' "Person" means any individual, corporntion, partnership, association', trustee, the state, and all political sub- divisions, of the State or any agency or instrumentality", the+eof. ' , 87. .~'Prin,cipal 'Building" means a single family dwelling; a mobile, home; a tourist cabin or similar structure for rent or hire involving an excess of 300 square feet of floor ~pace; e~ch ' unit of~, duplex or ~ultiple family dwelling; a commerçial or industrial use structure in excess of three:hundred square feet, except for a commercial use structure~which involves the retail sale, or distribution of goods, services, or commod- ities, each eleven thousa~g square feet of floor space, or portion thereof, of such':,commercial use structures constitutes aprinéipal bu.1.1ding'; a' structure containing a commercial use which is also used as a single family dwelling constitutes a principal building. In addition, each motel unit, hotel unit or similar tourist accommodation unit which is attached, to a similar unit by a party wall, each accommodatio~ unit of a , tourist home or similar structure, and each tourist 'cabin or similar structure for rent or hire, involving less than three hundred square, feet of fllor space, will constitute one~tenth of a principal building. An accessory structure will not be considered'a principal building~ In addition, all agricultural use structures and sing~e family dwellings or mobile homes occupied by a farmer of land in agricultural use~ his employees ,engaged in such use, and members of their respective iriunediate familie$, will~ogether constitute and count as a single ' principal building~" , . ' ,88. "Private Sand, Gravel or Topsoil Extraction" means apy extrac- tion from the land of sand, gravel or topsoil for the purpose 'Of use, , but not sale, by the owner of the land, or any extrac- tion for the purpose of sale of less than f,ifty (50) cub,ic yards in. any two-year period. (See Definition #24' "Commercial Sand and Gravel Extraction") , ,89. "Profess.1.onal Occupation" means one, who is engaged in pro- fessional serVices, including all members of ,the field of medicine,' a lawyer, a,rchitect, engineer" surveyor, 'licensed beautician or barber, real estate broker, accountan~. " 90. "Public Right-of-Way" means a parcel of 'land in public owner- ship open to the pUblic for vehicular or pedestrian access. (See Defi~ition i 101"Strèet") , -1'2-' " ~ ~ ......." ~ '-.../" \....--. Section 7.072 Off-Street Parking Schedule., ,~. USE MINIMUM SPACES REQUIRED a) Dwelling b) Rooming House, Motel c) Church or Temple~ d) School e) Theater or other place of a,ssembly f) Retail store or ,Bank - Two (2) spaces for each dwelling unit - One (1) space for each guest room - One (1) space for each five (5) seat- ing spaces in main assembly room - Three (3) spaces for each classroom h) Wholesale, storage, Freight terminal or Utility use. - One ( 1) space for each five (5) seat- ing spaces - One (1) space ,for each 100 sq. ft. of gross floor area - One (1) space for each 10.() sq. ft. of gross floor space . - One (1) space for each 1000 sq. ft. of gross floor area ..-... q) Clubs and Restaurants j) Home Occupation and Professional Offices - One (1) space for each two (2) employees on the maximum working shift, plus one (1) space for each company vehicle. - One (1) space for each 100 sq. ft. of floor ,area devoted to such use i) Industrial Use or Manufacturing Use 1) Commercial or· Shopping Center - One (1) space for each twenty-five (25) sq. ft. of gross floor area - Five and five-tenth (5.5) parking spaces per 1,000 sq. ft. of grpss leasable flo~r space k) Drive-in Restaurant .' -38- /--..... ì I I /1' i ~ '-.../ , . I , I I STA1'E2vIaIT As shown on the attached plot plan, the applicant proposes to construct a new 6,000 sq. ft. free';standing building at the northwesterly comer of I its existing shopping center in the place and stead of two existing buildings ·wch w:>uld be rerrcved. An area variance is required because the northwest '. . comer of the proposed building v.uuld be 11 ft. fran the property bolmdary rather than the required 30 ft. and the southwest comer of the building ~uld be 7 ft. from the property boundary rather than the required 50 ft. There are no reasonable alternatives (other than to refurbish and continue the use of the existing building) since IOOViDg the proposed buildiDg easterly w:>uld destroy critical tråffic flow for custaners, ambulance and f ire truck access. The variance requested sb:>uld have no adverse effect 'on either neighbor- hood character or public facilities since the present buildings are located closer to the highway than the proposed building and the southwest corner of the proposed building is approx:ima.tely 35 ft. £ran the travelled portion of Route 9 and the northwest comer of the proposed buildiDg will be approx:ima.tely 120 ft. fran the travelled portion of ~ Road. I t should be noted the t this proposed building was reviewed and approved . :by the Harren Colmty Planning Board at its meeting on Jlme 8, 1988' in : connection with its site plan review of the proposed exp~ion of. the shopping I, :~~~er and that Board acrJ.ised thae the matter not be res~tted for its ¡:;review in comection witH this application for an area variance. This . I I ' :matte~ also was reviewed by the Q..1eensbury Town Plaming Board on June 21, 1988 as part of their site plan review for the expansion. For the reasons above stated it is respeCtfully su1:mitted that the' ,'; Substitution for the new builCÜl1g for the old 'w:>Uld be a significant improve- ment; v.uuld canply more closely with the ordinance than does the existing buildings and there w:>uld be no substantial change relative to the ordinance. .k Y./lld /7 e. ~ ~ Jown 0/ Queen:JbuJ'Ij Q!)EENSBUR Y TOWN OFFICE BUILDING BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 9/24/88 From: Robert L. Eddy, Chairman~' Queensbury Committee for Community Beautification FILE COpy To: Zoning Board of Appeals Re: Variance #1419 - Queensbury Factory Outlet Center When this C~nter came up for Site P~an Review (#14-8~ The Beautification Committee was not aware a variance is also required, and ev~n though the proposed building to replace the former Kentucky Fried Chicken Building was on the draw- ing in our possession, we only concerned ourselves with the proposed new entrance, the changed traffic pattern, the num- ber of parking spaces and the planting changes required by those changes. Attorney Robert S. Stewart described to me, in his office. the plans to be presented 'to the Zoning Board which included the requirements of the Planning Board for grass and trees to be planted in place of 45 parking spaces they have agreed to eliminate. ~.,~ Since we would not~thought that such a suggestion should come within the province of the Beautification Com- mittee, I am certain we would not have brought it up. How- ever, I am certain the Committee would applaud the decision of the Planning Board. The only thing that I think would disappoint the Com- mittee is that the space is so limited that plantings around the proposed building,which is the subject of this variance, are not possible. SETTLED 1763. . . HOME OF NATURAL BEAUTY. . ~ A GOOD PLACE TO LIVE ¡; YH¡.ß IT .LJ ~ Ii ,I ::, ,I' , ' '-- --../ WARREN COUN.TY " ,1 ' FILE COpy , " ~,/,:~~.',,;! ,,:, (",', ~:. :..~ PLAN"!INq"B,OARO'\;, ¡", , . ,I (" ¡;';o:r)()(~ .. I.' I.jU(: 4P , ' Warren County Municipal Centcr Lake George. New York. 12845, '1:11:1)1\0/11: ~ 18·161·6410 DATE: September 14, 1988 TO: Queensbury Planning & Zoning ,Office Town Office Building Bay & Haviland Roads Queensbury, NY 12801 ,Centlemen/Ladies: At a meecing of che Warren County Planning Board. held on the 14th. day of Septe~ber, 198~ the above application for ·an Area Variance for a 6000 sq. ft. f~eestanding building at the N.W. corner of the shopping center in place of two existing buildings. RE: V1419 Queensbury Factory Outlet Center w~s reviewed. and che following accion was caken. Recommendation to: eX) Approve e ) Disapproval ( ) ModLfy with Condicions ( Rt!turn Conunent: /15 ?E;e CO/-l/);I/QNJ S/¡,I1;{fiIl':! /lAIIflo!J¿,õ O.ÁI 5?.-e - IV8fJ -------------------------------------------------------------------------- It is the polley of the Yarren County Plann1ng Board to follow the procedures of the New York State Ceneral Munic1pal Law, Sect10n 239-M, with regard to M~nicipal Zoning actions thac are referred to and reported thereon. The followlng are procedural requlrements that must be adhered to: 1.) The Warren County Planning Board'shall report 1ts recommendat10ns to the referring municipal agency. accompanied by a full statement for such actions. If no action is taken within thirty (30) days or agreed upon time. the municipal agency may act without such reporC. 2. ) If the recommendation i8 for disapproval of the proposal. or modification thereof. the municipal· agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of å resolution fully seCting forth the reasons for such cont~ary actions. \.Ilth1n seven (7) days after the· final actlon by the municlp;d agency ~g Jur1sdlcclon on the reconvnendacions, modlfication:; or disapproval of a referred I114cter. sud\ municipal y a~~I~lIcy shall file a report \.11th thp. \.Iarre Co nCY!jj¡an i R I Òll\rd on the ncr.~:;lillry form, ~ ¡;;ç 'I.#/ß 'T E 3.) ,\. '-' ...J TOWN OF QUEENSBURY FILE COP~i PLANNING BOARD: Site Plan Review Ricbard Roberts, Chairman R.D. 15, 'Haviland Road, Box 477 Queensbury, New York 12801 Hilda Mann, Secretary R.R. 11, Box 230C Bay Road Queensbury, New York 12801 TO: Oueensbury Factory Outlet Center RE: Site Plan Review No. 16-88 919 Tqird Avenue Queensbury Factory Outlet Center New York, New York 10022 southeast corner of intersection of Route 9 and Quaker Road DATE: JUNE 21.1988 ATTN: We have reviewed the request for Site Plan Review (Type I-Type ll) and have the following recommendation: -X- Approved with stipulatioDS . ~ \' . \ .: HI~SOLVED: _ Disapproved Mr. CArtier moved APPROVAL of site Plan No. 16-88, Queensbury Factory Outlet Center, pending the following stipulations. 88 impAct car spAces be converted to green Area, All WArren County planning Board conditions be met, All DOT Permits be met, PArking lot behind bank be torn up, Street trees. be plAnted Along Route 9. . Street trees are defined as being deciduous, the size of the trunk should be a minimum of 2 1/2 inches in diAmeter. Seconded ~y Mrs~ LevAndowski. PAssed Unanimously. Sincerely, ~:;,~~/ ~~ (Sdhð- Richard Roberts, Chairman Queensbury Town Planning Board RR/sed cc: Robert S. Stewart