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1997-07-30 SP ~ FILE QUEENS BURY ZONING BOARD OF APPEALS SPECIAL MEETING JULY 30, 1997 INDEX Use Variance No. 18-1997 Tax Map No. 134-6-1 134-6-2 134-6-13 134-6-14 134-6-15 Ben Aronson 1. Area Variance No. 19-1997 Tax Map No. 134-6-1 134-6-2 134-6-13 134-6-14 134-6-15 Ben Aronson 10. Use Variance No. 16-1997 Tax Map No. 36-1-1.3 Mike Barber 12. THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. '---- ---' , .(~ (Queens bury ZBA Meeting 7/30/97) QUEENSBURY ZONING BOARD OF APPEALS SPECIAL MEETING JULY 30, 1997 4:30 P.M. MEMBERS PRESENT LEWIS STONE, ACTING CHAIRMAN BONNIE LAPHAM, SECRETARY PAUL HAYES ROBERT KARPELES MEMBERS ABSENT CHRIS THOMAS ROBERT MCNALLY BRIAN CUSTER PLANNER-GEORGE HILTON STENOGRAPHER-MARIA GAGLIARDI NEW BUSINESS: USE VARIANCE NO. 18-1997 TYPE: UNLISTED CR-15 SR-1A BEN ARONSON OWNER: SAME AS ABOVE 64 MAIN STREET, ONE QUARTER MILE EAST OF EXIT 18 OF I-a7 APPLICANT PROPOSES A WAREHOUSE ADDITION TO AN EXISTING WHOLESALE MEAT DISTRIBUTION BUSINESS LOCATED AT 64 MAIN STREET. WAREHOUSES AND DISTRIBUTION FACILITIES ARE NOT LISTED USES IN THE CR-15 ZONE AND THE SR-1A ZONES. RELIEF IS BEING REQUESTED FROM THE USES LISTED IN SECTION 179-24, COMMERCIAL RESIDENTIAL 15 ZONE; AND SECTION 179-19, SUBURBAN RESIDENTIAL ZONES. TAX MAP NO. 134-6-1, 134-6-2, 134-6-13, 134-6-14, 134-6-15 LOT SIZES: 0.70, 0.49, 0.36, 0.21, 0.32 ACRES SECTION 179-24 AND 179-19 FRANK LEO & BEN ARONSON, PRESENT MR. HILTON-The only new information I have for you is some written comment, that you can either read or just summarize, with a map attached, and this was addressed to the Planning Board and the Zoning Board, and it serves as kind of additional information for both the Use and the Area Variance. MRS. LAPHAM-July 30, 1997, Zoning Board and Planning Board, Re: Variance and Site Plan applications for Double A Provisions "The Applicant is seeking a Use Variance, Area Variance, and Site Plan approval to allow the expansion of an existing meat distribution business. A Use Variance is required because the application proposes to expand to property which was not previously included in approvals for this business. The applicant has purchased adj oining properties, and seeks to include them in this site. An Area Variance for property line setbacks will not be needed if the applicant merges all properties into one lot. An Area Variance is needed because the additional building shown on the Site Plan dated 7/25/97, will not be setback 50 feet from a residential zone line which runs through this site. The applicant proposes to construct additions which will go 177 feet into the required buffer area between the CR-15 zone to the north and the SR-1A zone to the south. The additions will meet lot line setbacks from adjacent properties to the east and the south. The addition also requires site plan approval from the Planning Board before construction at this site can begin. The main issues with the site plan appear to be possible traffic impacts and stormwater management improvements to the site. The proposed addition of the surrounding properties would include a portion of Tax Map Lot 134-6-13. This would leave the remaining portion of this property landlocked. In order to avoid this situation, the portion of this lot not included in the - 1 - (Queensbury ZBA Meeting 7/30/97) Use Variance could be merged with Tax Map Lot 134-6-16. This would not need subdivision approval and would avoid creating any situations where lots in this area did not have frontage on a Town road. The ZBA and Planning Board should condition any approvals on having the remaining portion of Lot 134-6-13 and 134-6-16 merged in order to avoid creating any new nonconforming situations. MR. STONE-The record should reflect that, this was 18, right? That previously in May we approved a Use Variance 18-1997, which was based upon the application then before us, which was an extension on existing owned property by Mr. Aronson. We granted relief without knowing it from the buffer zone. We granted relief, it turned out the property line was the buffer zone. We did grant relief. We did grant an Area Variance at that time, and subsequently granted an Area Variance at the same time. The applicant is here before us because he has in fact bought the adjoining properties and wants to increase the size of the addition to the warehouse which we previously approved, as well as putting an office on the new lot to the east. It also, in looking at this picture, it looks to me as the warehouse that was before us last month, or two weeks ago, has been further expanded by this little 12 foot by whatever, I can't tell, 12 foot by 10 foot or by 8 foot addition in there. This being a Use Variance, if the Board is satisfied, we can use the previous financial information that was presented to us. That hasn't changed. It's only what we are expanding the size of the additions. MR. ARONSON-I think I explained that at the last meeting. The opportunity to expand it would make a safer operation. The original gave us just barely enough room to swing fork trucks. Now that we have this property, this additional 12 feet, will give us two or three feet on each side of each of those racks to swing the fork trucks in. It's just going to be a lot cleaner operation for us, and safer for the men. MR. STONE-You have presented to Mr. Goralski and Mr. Hilton adequate evidence of purchase of these particular pieces of property. MR. ARONSON-Yes. We have attached to the site plan dated 7/25/97 a letter at the end which states that adjoining property owners have sold their property, and we're just waiting for that to be finalized with the courts and lawyers. So all this land will be under the control and ownership of Mr. Aronson. MR. STONE-I have to admit, I wish it wasn't on Double A provisions stationary. I found that very convenient, very helpful on your part, but I wish you had used blank paper for that particular thing. MRS. LAPHAM-I have one question. I want to make sure that I understand the lots. Sixteen and thirteen are going to still belong to Mr. Fish, right, or are they part of Double A provisions property? MR. HILTON-Actually, a portion of 13 will belong to Double A, and that's the reason for my comment, saying that this left over portion of 13 will be merged. MR. ARONSON-It'll make a square lot. MR. HILTON-Right. MRS. LAPHAM-Okay. MR. STONE-But it'll be attached to 134-6-16. MRS. LAPHAM-Right, which'll have frontage. - 2 - '---" ~,. (Queensbury ZBA Meeting 7/30/97) MR. STONE-Now will that lot be one acre? substandard? MR. HILTON-I don't know, but you're increasing the square footage. So you're not making it more nonconforming. It will still be MR. STONE-Okay. So we can do that. That's a new thing with me. I just wanted to be sure. Any questions of the applicant? MR. KARPELES-This future addition, what are we doing? Are we talking about that, or is that something that, do we have to concern ourselves with that? MR. HILTON-Yes. I think you should. The applicant has proposed it. It's a part of the proposed variance. MR. KARPELES-Is that part of the proposal that we're considering? MR. HILTON-Right. That's a part of the most recent updated proposal that the applicant is asking for. MR. STONE-So that's new as of today? MR. HILTON-As of the date of this plan, 7/25. MR. STONE-Okay. MR. HAYES-Ben, what's the construction proposed on that? MR. ARONSON-We thought, in conversations with George and John, we thought possibly we could bring this up at this meeting, and get approval. Five years down the road, business is good, we'll be within the buffer zones. All requirements for this addition will be within the required requirements for buffer zones, and all we'd have to do is get a building permit. MR. HAYES-How about the nature of the building? Is it going to be block, or is it going to be consistent with the building as it is? Mr. ARONSON-Yes. It's just something we're trying to do now to save five meetings in the future. MR. HILTON-In a situation like that, as he has proposed this right now, he proposes it right now. If he begins construction on the office and warehouse. He's acting on the variance. He would then be able to come in, in the future, to construct the future addition. The only thing that would be necessary would be additional site plan approval for that future addition. MR. STONE-Since it's 50 foot from the line, it meets the setback. It won't need an Area Variance. MR. HILTON-It meets the setbacks, yes. The Area Variance which will follow this Use Variance seeks to give it relief from the zoning setback, from the residential zone, but it will meet the actual setback from the property line to the south. MR. HAYES-So it's a buffer zone, not the setback? MR. HILTON-Correct. MR. STONE-I have a question. You say 177 feet into the required buffer area. I thought the buffer area was 100 feet, 50 and 50? MR. HILTON-The buffer area that is required is 50 feet from the line. So if you take the extent that the building will extend into the SR-1A zone, you have a 50 foot buffer plus the amount of distance that it extends into CR-15, that equals 177 feet. - 3 - (Queensbury ZBA Meeting 7/30/97) MR. HAYES-The 50 foot buffer's going into CR-15, to the north. MR. STONE-Yes, we've already given them that 50 foot. MR. HAYES-Right, but I guess we're still going to have to approve it. MR. HILTON-And that 50 feet that is required in the CR-15 zone, plus the distance, 127 feet that it will extend into the SR-1A zone equals 177 feet. MR. STONE-I guess I don't see the 127 feet on this drawing. That's what I'm getting at. MR. HILTON-Because the buffer zone's actually way up here. The buffer zone is actually. MR. STONE-I still see, I see a 60 foot building, and the buffer is only 50 feet, and then I see 40 feet for this possible addition. Unless I'm reading the wrong number, that says 40, doesn't it? MRS. LAPHAM-Yes. MR. STONE-So I see 50 plus 40. I'm not sure I see, if my math and my understanding of the thing. The buffer zone is 50 feet on either side. All right. We've already taken up that 50 feet in the variance that we've already granted. That's 50 there, and if this dotted line is the boundary of the zone, then we're going another 40 feet. MR. HILTON-Lets see if I can show you. is required, this is the zoning line take the 50 feet that you need, it's the 97 for this lot, and add that. If we take the 50 feet that here, this orange line. We 50 to begin with. You take MR. STONE-I don't understand the 97. here and 50 foot buffer here? Isn't there a 50 foot buffer MR. HILTON-No, no, no, only on one side, and it has to be in the CR-15 zone, meaning that no building can go closer than 50 feet. MR. STONE-Right. That I understand. MR. HILTON-Now, with this lot, this additional lot that the applicant. MR. STONE-They're not buying, they're buying these two lots. MR. HILTON-Now, I'm being confused here. MR. STONE-They're buying these two lots. This lot is not going to be, it's going to be attached to this lot. MR. HILTON-Okay. I guess I would amend my comments there and say that it's 97 feet. We're all a little confused on the distances. Thank you for pointing that out. MR. STONE-I feel better. MR. HILTON-All right, 97 feet. MR. STONE-All right. I'll go with that. Any other questions of the applicant? If not, I will open the public hearing. Anybody wishing to speak in favor of this Use Variance application? Anybody in favor? PUBLIC HEARING OPENED - 4 - "-' ---./ (Queensbury ZBA Meeting 7/30/97) MYRTLE LILLY MS. LILLY-I just have some questions about it, because I don't quite understand it. MR. STONE-Okay. MS. LILLY-You bought the Whittemore house and out back of that from Jim? MR. ARONSON-Yes. MR. STONE-I'm sorry, we need your name. MS. LILLY-I'm sorry. I'm Myrtle Lilly, and I live at 68 Main Street. I live on the corner of Main and Second. MR. STONE-That's to the west? MS. LILLY-Yes. MR. ARONSON-Yes, right opposite the building. MS. LILLY-Right opposite. So is that where the addition's going? MR. ARONSON-The addition's going to follow the back fence line back where the dumpster's are, over toward Jim's Glass. We're not coming forward. MS. LILLY-You're not coming out toward Second? MR. ARONSON-No, no. It's in that area. It's going to go on to Whittemore's property by 12 feet. It's going to go straight back. We're not adding anymore garage doors, as far as more truck bays. It's strictly an addition for dry storage. MS. LILLY-Okay. So your offices are going to be, are you tearing down the house? MR. LEO-Do you want to look at this? This might be easier. MR. ARONSON-It would be easier if you looked at the. MR. LEO-This is where you are here. This is the loading dock in back now. This is Jim Fish's house. The white house is here. Whittemore's house is here. Okay. MS. LILLY-Okay, and then you're going to use the Whittemore houses for your offices? MR. ARONSON-No. The Whittemore's house is going to stay for a while. In the sale agreement, we're letting them live there for a while. Our office is going to go right behind their house. MS. LILLY-All right. MR. ARONSON-It's going to go right behind it, right over toward they're garage. MS. LILLY-And then where is the warehouse? MR. LEO-Over here. MR. ARONSON-On the back side. MR. LEO-In the back where the dumpster is. MS. LILLY-Okay. - 5 - (Queensbury ZBA Meeting 7/30/97) MR. ARONSON-You know where the old red truck is? It's going to go right there, where that old red truck is. MS. LILLY-But it's not going to extend out into Second, it's going the other way? MR. ARONSON-No, no. It's going way, way away from you. MR. LEO-Yes, because the loading docks for the trucks now are here. This is where the trucks park now at night. We're staying behind that. The dumpster sits here, and the red truck sits here, and the fence, the wooden fence, is right here. MS. LILLY-Okay. All right. MR. STONE-Does that make you for or against? MS. LILLY-No. I mean, I just wanted to get it straight. It sounds all right so far. MR. STONE-I have a question that came out of that discussion. If this building is going to stay here, can we put the office right next to it? MR. HILTON-I'll have to look into that for a second. I know that there would need to be at least 10 feet of, 10 foot of a separation distance between the two principal buildings, that being the office and the home, if it's going to stay. MR. ARONSON-There'll be far more than that. MR. STONE-I see 70 feet on your diagram to the office. tell from this other thing how big the house is. I can't MR. LEO-The house is only about 20 foot deep. MR. STONE-There's a deck on the back, I see. MR. LEO-Yes, but that's more over toward the garage side. That lot is 90 something feet wide. Anyway, we're going to wind up, here's the corner of his existing lot. We'll be right here in this area. There'll be a distance between the house and that. Eventually the house is coming down. We're right over here. MR. KARPELES-If you put those on top of one another, that's about to scale, the same scale, aren't they? MR. LEO-Right. MR. STONE-I'm sorry. It's going to be right in here, because this is already there. MR. HAYES-George, is it possible to make the approval contingent on a certain time frame when that house comes down? I mean, is that a contingency yOU can live with? MR. ARONSON-Well, the sale agreement was five years, but they're frail. They're older people. It could be a year. It could be two years. It's just use of the house until they either have to go to a nursing home or whatever. MRS. LAPHAM-This is beginning to sound like no good deed goes unpunished. MR. HILTON-To answer your question on that, that's something that I think I really, I wouldn't be prepared to answer that. It may be a legal opinion as to if you could actually condition a variance on saying that the house had to be removed by a certain date. - 6 - --'" (Queensbury ZBA Meeting 7/30/97) MR. STONE-If you look at this thing, the office is going to sort of straddle the old building and the current addition, as I see it. MR. LEO-If you set this on top of there, you could see where we are. Here's the house. This is the same scale. See where we are? See how far back the thing is on it? MRS. LAPHAM-So this would be something that we don't really have to worry about. MR. ARONSON-It's far more than 10 feet. 30. It's probably closer to MR. HILTON-It's subject to review by the Building Inspectors, at the time of building permit for this addition, and they would review it and make sure that it meets their requirements also. MR. ARONSON-That's true with any building. different about that. There's nothing MR. STONE-No, it would certainly be more than 10 feet. Okay. Any other questions? MS. LILLY-Yes. So does that mean you're going to be moving, take down that back fence and move the truck and the dumpsters, or are they still staying there? MR. ARONSON-The dumpsters are going to be enclosed. We'll probably utilize the back of the white house for now, until the lease 1S up with them. They have a lease with Jim. I think there's about another year on it. MS. LILLY-So does the white house go with what you bought? MR. ARONSON-Yes. MS. LILLY-I didn't realize. I thought it was out behind there that you (lost words) . MR. ARONSON-The white house goes with what we bought. I have to let them live out their lease, which I think is about a year. That's going to come down. We're going to fence in the dumpsters. It's going to look a lot better than it does right now. MR. STONE-Ben, help me here. about? This is the house you're talking MR. ARONSON-Yes. This one will be down within a year. MR. STONE-You're going to build immediately, then? MR. ARONSON-Yes. MR. STONE-And you're going to come back here. MR. ARONSON-Right. MR. STONE-And that old truck is going to go? MR. ARONSON-That old truck has been sold for $100. MS. LILLY-Is it worth it? MR. ARONSON-I was going to restore it. That was our first refrigerated truck. We were going to restore it, but I figured we'd just never do it. MR. STONE-Okay, and other public comment? - 7 - (Queensbury ZBA Meeting 7/30/97) MS. LILLY-Yes. Is it going to mean more increased traffic, by that, I mean more tractor trailers coming in? MR. ARONSON-It's going to mean less. Right now, we're bringing in smaller companies, we're buying a lot of products second hand. You see Butler Wholesale Grocer's truck there a lot. MS. LILLY-Yes. MR. ARONSON-He's a redistributor. He's out of Adams, Mass. and I can get him in there every day. We don't want to buy from him, because there's an upcharge. He buys direct and then he re- supplies to us. Rather than buy a palette of flour every day, we bring in a tractor trailer load that'll last us a month. So we'll get bigger loads that we can store, hopefully make a little more money, and you won't see these little trucks coming in and out every day, every day, every day. You'll see the big ones come in, they'll unload, and they'll be out and you won't see that same truck for another three weeks, maybe. That's our goal. We don't want little quantities of stuff coming in every day. MS. LILLY-Well, the big trucks are the ones that bother me. There are so many. MR. ARONSON-Well, to be honest with you, they bother me, too. There's so many of them coming down Main Street, that we can't get our trucks out to deliver, and if I leave the door open, I can't hear the phone. There's just nothing we can do about truck traffic on Main Street. I wish there was. MS. LILLY-No, I'm not talking about Main Street. I'm talking about in your yard, you know, the tractor trailers and overnight parking. MR. ARONSON-There's not going to be any overnight parking. hired a sign painter to put a sign up. I've MS. LILLY-Where is that going? MR. ARONSON-It's going to go on the side of the building, No Overnight Parking. MS. LILLY-Is it going to be fluorescent so they can read it? MR. ARONSON-We need a sign for receiving so the truckers know where to go, and this'll be part of the sign, No Overnight Parking. MS. LILLY-All right, now overnight parking, what time is that, from what time to what time? MR. LEO-From the time he closes until the time he opens. MS. LILLY-Okay. Now, you know what I was thinking, to take that a little further, why couldn't you put up like a chain across the whole thing, you know, maybe half, like on a stand or something, and, you know, roll it one way and the other half the other way? I don't know if that's allowable. MR. ARONSON-It would have to be an awful long chain. MR. STONE-Anything else? MS. LILLY-I think that's it for me. MR. STONE-Okay. Any questions by the neighbor? MS. LILLY-I don't think I have anYmore. MR. STONE-Okay. I'll close the public hearing. - 8 - '~ ~' (Queensbury ZBA Meeting 7/30/97) PUBLIC HEARING CLOSED MR. STONE-Any other questions by the Board? All right, having said that, Bonnie, what do YOU think about it? This is the Use Variance now. This is to, this is an extension of the Use Variance that we previously granted, recognizing now that Mr. Aronson has bought land on both the east side and the south side, and that he has gotten permission to go through the buffer zone on one side of the property, and we're going to get that in the Area Variance, but this will be on the other side of the buffer zone, but it's still to expand the business. We have agreed that there is a, he needs to get a reasonable rate of return on this property, and he cannot do it as zoned, as we previously decided. How do you feel about this extension, if you will, of the Use Variance? MRS. LAPHAM-Well, I had approved of the Use Variance before, and I don't think my mind has changed. If anything I think I feel more strongly that it should be going through, because it sounds like Mr. Aronson has made every provision possible to not disturb his neighbors. In fact, even though the use may be expanded, it sounds like the actual operation and annoyance to the neighbors will be less, with trucks coming in. MR. ARONSON-There's going to be more room for trucks to swing around. I mean, it's just going to be a nicer operation. MRS. LAPHAM-Yes. The biggest thing is there'll be less noise to the neighbors, I think, than there is now. MR. STONE-All right. Bob? MR. KARPELES-I agree with Bonnie. I think she said it very well. MR. STONE-Paul? MR. HAYES-I agree. I mean, the same economic justifications for the Use Variance are there. MR. STONE-I agree. I mean, we granted the Use Variance based upon a much more land mass, land use if you will. I see no reason not to grant this one. Having said that. MOTION TO APPROVE USE VARIANCE NO. 18-1997 BEN ARONSON, Introduced by Paul Hayes who moved for its adoption, seconded by Bonnie Lapham: Doing Business As Double A Provisions, has proposed a warehouse addition to an existing wholesale meat distribution business at 64 Main Street. The warehouses and distribution facilities are not listed as uses in CR-15 zones, or SR-1A zones. He is requesting relief from the uses listed in Section 179-24, Commercial Residential 15 zone, and Section 179-19 Suburban Residential zones. Mr. Aronson has provided us with adequate information relating to the economic necessity of the proposed addition in terms of his business, and that without such, this business could not realize a reasonable return or flourish as it stands now. The alleged hardship is unique in that this is the only kind of business in that particular area, even though I think it should be noted that the neighborhood is in the transitional period. We have had letters and public contributions in a positive way toward the project, and in addition, since the last variance, Mr. Aronson has increased the property mass by acquiring specifically the lands of Helen Whittemore and the lands of James and Judith Fish. Duly adopted this 30th day of July, 1997, by the following vote: AYES: Mrs. Lapham, Mr. Karpeles, Mr. Hayes, Mr. Stone - 9 - "~ (Queensbury ZBA Meeting 7/30/97) NOES: NONE ABSENT: Mr. Thomas, Mr. McNally, Mr. Custer AREA VARIANCE NO. 19-1997 TYPE II CR-15 SR-1A OWNER: SAME AS ABOVE 64 MAIN STREET, ONE QUARTER MILE EAST OF EXIT 18 OF I-87 APPLICANT PROPOSES THE CONSTRUCTION OF A WAREHOUSE AND OFFICE ADDITIONS TO AN EXISTING MEAT DISTRIBUTION BUSINESS. THE CONSTRUCTION WILL NOT CONFORM TO THE BUFFER ZONE REQUIREMENTS BETWEEN COMMERCIAL AND RESIDENTIAL PROPERTY LISTED IN SECTION 179- 72 OF THE ZONING ORDINANCE. TAX MAP NO. 134-6-1 134-6-2, 134-6- 13 , 134 - 6 -14 , 134 - 6 - 15 LOT SIZE: 0 . 70 , 0 . 49 , 0 . 3 6 , O. 21, 0 . 32 ACRES SECTION 179-72 FRANK LEO & BEN ARONSON, PRESENT MR. HILTON-The only comment I would make is the one Mr. Stone discussed, that it's 97 feet into the buffer zone, as opposed to the 177. MRS. LAPHAM- "MOTION TO APPROVE AREA VARIANCE NO. 19-1997 BEN ARONSON, Introduced by Robert Karpeles who moved for its adoption, seconded by Paul Hayes: The applicant proposes to construct an addition to an existing meat distribution business. The addition will not meet the side yard, rear yard and permeability requirements of CR-15 zone. Benefit to the applicant, the relief will allow the applicant to build an addition to an existing business which will result in more storage space. There do not appear to be any feasible alternatives. The applicant is seeking, or we would approve 0 feet side and rear yard setbacks, and as far as the permeability is concerned, the applicant should submit a stormwater management plan to the Planning Board that is satisfactory, and this variance hinges upon that. There appear to be no adverse effects on the neighborhood or community, in fact, it appears to enhance the community. Whether the alleged difficulty is self created, it is self created, but it's the only portion of the property that the building can be put on. Combination of the two lots, if that's feasible, and if that's not, an expansion of the Use Variance. Duly adopted this 21st day of May, 1997, by the following vote:" MR. STONE-That was the Area Variance that we granted before. MRS. LAPHAM-Right. MR. STONE-The Area Variance before us, read. All right. Since the Area Variance was granted back in May, the applicant has purchased lands to the east and to the south, and has expanded his original request for buildings. The only matter before us is basically the relief from the buffer zone on the south side, which is 47 feet, I guess. We've granted the 50 feet already. MR. HILTON-Right, but to clean it up, and with this new addition, if you would, in your motion, state that he's going 97 feet into the buffer. MR. STONE -Okay. Any other comments you want to make, Mr. Aronson? Any questions of the? So, I'll open the public hearing. Anybody in favor of this Area Variance? Anybody opposed? PUBLIC HEARING OPENED MR. STONE-I think we should put into the record this letter, I think, that you ought to read it in. MRS. LAPHAM-Okay. I thought I read that in the last time, not in - 10 - ~ ~/ (Queensbury ZBA Meeting 7/30/97) May, but the last meeting where this came up. MR. STONE-You may have. MRS. LAPHAM-But I can read it again. MR. STONE-And we do have satisfactory evidence that the Fishes have granted, have sold that property. Is there anything on record about that? MR. HILTON-The actual letter that you have is from the Fishes and the Whittemores. MR. STONE-Okay. So these are two different pieces of property. MRS. LAPHAM-All right. I'll read it. To the Town of Queensbury Zoning and Planning, from James Fish and Randy and Helen Whittemore "I've sold my property to Mr. Benjamin Aronson. The land surveys have been completed and we are waiting for our attorneys to finalize the transfers and deeds. All the paper work for this are in the hands of the attorneys at this time. Sincerely yours, Helen Whittemore James C. Fish" MR. STONE-Can we say Helen Whittemore for, do we have the lot numbers? There's two separate lots here. MR. HILTON-Yes, 134-6-2. MR. STONE-And Mr. Fish for, a portion of. MR. HILTON-134-6-13 and 16. MR. STONE-Right. Okay. Any questions by the Board? You have to keep in mind that this thing has to be modified. We have to put that condition in there. Bob, what are your comments? MR. KARPELES-I have no objection to this. MR. STONE-Okay. Paul? MR. HAYES-He's totally laid out his capital to make it a good project. I think that we have to take that into account. I'm in favor of it. MR. STONE-Bonnie? MRS. LAPHAM-I have no problem with it except I want to see these two lots merged so that you don't have a substandard, landlocked piece that isn't going to do anybody any good. MR. STONE-That's what we have to put in the motion. Having said that, Bonnie, go. MOTION TO APPROVE AREA VARIANCE NO. 19-1997 BEN ARONSON, Introduced by Bonnie Lapham who moved for its adoption, seconded by Paul Hayes: 64 Main Street. For the construction of a warehouse and office additions to an existing meat distribution business. The construction will not conform to the buffer zone requirements between commercial and residential property listed in Section 179- 72 of the Zoning Ordinance. The applicant requests relief to extend into the buffer zone 97 feet between the CR-15 and the Suburban Residential zoning area. This variance approval is to be conditioned on the two lots, 16 and 13 being merged, so that there will not be a substandard, landlocked lot left in the rear and with the combination, there will be frontage on Second Street. Mr. Aronson has indicated that his original property and the newer - 11 - '..-- (Queensbury ZBA Meeting 7/30/97) acquisitions will all be merged into one lot, and they'll be given one tax map number. Duly adopted this 30th day of July, 1997, by the following vote: MR. STONE-Should we mention, George, or should we recommend that all of these lots now owned by Mr. Aronson be combined into one? MR. HILTON-Well, they'll have to, as I mentioned in my notes, in order for him to meet the setbacks with these new additions. MR. ARONSON-This is what we want anyway. This is the purpose of the survey. MR. STONE-So we should say that in the motion. MR. HILTON-You can just probably mention it in passing. You don't have to condition this approval. MR. STONE-Okay. MRS. LAPHAM-Mr. Aronson has indicated that his original property and the newer acquisitions will all be merged into one lot, and they'll be given one tax map number. MR. HILTON-Most likely that'll be done by the County. MR. STONE-Okay. MR. ARONSON-Can I ask, how do we go about that? Who do we see to do that? Who do we give the survey to to get that done? MR. HILTON-You can actually go to the County Real Property Office, and they will, up at the Administration Building, and they would take care of it. MR. ARONSON-So it's done by the County, then? MR. HILTON-Yes. We really don't see any, if it's a merging, which it is, we don't take care of that. MR. STONE-Should we reflect that this buffer zone goes through, we talk about relief, but that it actually goes through the property? It's probably not necessary. We've give the relief. Any other additions to it? It sounds fine to me. Second? MR. HAYES-Second. AYES: Mr. Karpeles, Mr. Hayes, Mrs. Lapham, Mr. Karpeles, Mr. Stone NOES: NONE ABSENT: Mr. Thomas, Mr. McNally, Mr. Custer MR. STONE-So the Area Variance has been approved. MR. HILTON-You might want to take care of Barber at this time. MR. STONE-Yes, I'm going to do that. We had to write it off. MR. HILTON-Yes, right. Instead of just letting it sit and say it's a dead issue, the best thing for the Board would be to probably just deny it. You may want to say in your motion that the applicant never appeared. MR. STONE-This is Mike Barber on 149. It was a Use Variance. We'll take up Use Variance No. 16-1997, for Mike Barber, Tax Map - 12 - ~ -' (Queensbury ZBA Meeting 7/30/97) No. 36-1-1.3. MOTION TO DENY USE VARIANCE NO. 16-1997 MIKE BARBER, Introduced by Paul Hayes who moved for its adoption, seconded by Robert Karpeles: The applicant has not appeared to show benefit to the applicant versus the detriment to the neighborhood, so I don't believe we have a choice. Duly adopted this 30th day of July, 1997, by the following vote: AYES: Mrs. Lapham, Mr. Karpeles, Mr. Hayes, Mr. Stone NOES: NONE ABSENT: Mr. Thomas, Mr. McNally, Mr. Custer MR. STONE-I declare this special meeting of July 30, 1997 of the Zoning Board of Appeals closed. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Lewis Stone, Acting Chairman - 13 -