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1992-05-27 ~ ~EENS8URY ZONING BOARD OF APPEALS SECOND REGULAR ŒETING MAY 27TH, 1992 INDEX Use Variance No. 50-1992 Raymond and Nancy Barrett 1. Use Variance No. 27-1992 Brian L. & Vicki L. Warner 5. Use Variance No. 44-1992 Adirondack Gir1 Scout Counci1, Inc. 10. Sign Variance No. 46-1992 Hess Ventures, Inc. 13. Area Variance No. 47-1992 Michae1 C. Ryan 16. Area Variance No. 49-1992 Aian E. Linck 19. Area Variance No. 52-1992 Dr. James R. G1endening 29. Bonnie L. G1endening Area Variance No. 28-1992 Brian L. & Vicki L. Warner 30. Area Variance No. 51-1992 Raymond and Nancy Barrett 30. 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. "- ~EENSIIIRY ZONING BOARD OF APPEALS SECOND REGULAR ŒETING MAY 27, 1992 7:30 P.... ŒtlŒRS PRESENT THEODORE TURNER, CHAIRMAN JOYCE EGGLESTON, SECRETARY BRUCE CARR CHARLES SICARD FRED CARVIN MARIE PALING ZOrtING ADMINISTRATOR-PAT CRAYFORD STENOGRAPHER-MARIA GAGLIARDI MR. TURNER-The appHcation of Raymond and Nancy Barrett wiìl be heard after Mr. Warner's appHcation, due to circumstances beyond Mrs. Barrett's contro1. She has to be to work at 11 o'cìock. So, we'ìl take her right after Mr. Warner. Is Mr. Talon going to be here? BRIAN WARNER MR. WARNER-I just spoke to him at quarter to seven. He's supposed to be here. He's not here. I don't want to hold things up. MRS. EGGLESTON-Pat, do we have any Staff Notes? MRS. CRAYFORD-No. I didn't have time to prepare any notes. MR. CARR-Ted, do you want to do Warner now? MR. TURNER-Yes, unless you want to wait? Wait a few minutes, and we'ìl take Mrs. Barrett. We'ìl take yours, Mrs. Barrett. NEIl IIISINESS: USE VARIANCE NO. 50-1992 TYPE: UNLISTED CR-15 RAYQD AND NANCY BARRETT (lUtER: THE" BARRETT WEST SIDE OF rŒIICOMB STREET FOR PLACEMENT OF A MOBILE H(JE Ort THE VACANT LOT. (WARREN COUNTY PLANNING) TAX MAP NO. 130-1-13 LOT SIZE: 6,750 SQ. FT. SECTION 179-24 NANCY BARRETT, PRESENT (7:30 p.m.) MR. TURNER-Is this a new trailer or a trailer you're going to move from another site to this site? MRS. BARRETT-It's not a new trailer, no. MRS. EGGLESTON-What year is it? MRS. BARRETT-1973. MR. CARR-Where is it located now? MRS. BARRETT-In South Glens Falls, on Bluebird Road. MR. TURNER-It's in the court now, right? MRS. BARRETT-Yes. MR. CARR-You say you want to locate the mobile home as a residence. You also own the lot next door, don't you? MRS. BARRETT-No. We will own the lot. The lot is ours, but it's not in our name right now. My mother- in-law owns the property. MR. CARR-I see. Okay. Is that Nancy Barrett? MRS. BARRETT-I'm Nancy. Thelma Barrett owns the lot. MR. CARR-She owns the property next door. That's where she lives? MRS. BARRETT-Well, behind it. 1 ....... MR. CARR-Okay. Behind it. Is this the 10t that current1y has, it 100ks Hke just a base of a mobHe home? MRS. BARRETT-Yes. There was a mobi1e home there, quite a few years ago. It's gone. MR. CARR-Do you p1an on taking a11 of that other stuff out of that 10t, c1eaning it up? MRS. BARRETT-Yes. Right. The shed wi11 have to come down, and our mobi1e home wi11 be put in. MRS. EGGLESTON-Are you 1iving in the park now? MRS. BARRETT-Yes. MRS. EGGLESTON-You're south, yes. MR. TURNER-This is the rest of the property that Mrs. Danie1s owned. Is this the rest of it that your mother-in-1aw, was this part of it, at one time? MRS. BARRETT-Yes. Bi11 Wa1ch owned it at one time. MR. TURNER-Okay. Any further questions? MR. CARVIN-How 10ng have you owned this piece of property? MRS. BARRETT-MY mother-in-1aw has owned it for quite a few years. MR. CARVIN-Quite a number of years, and did she own the mobi1e home that was on it before? MRS. BARRETT-No. MR. CARVIN-What was it, a renta1 type of thing, or did she buy the property? How did that deve10p? MRS. BARRETT-I'm not sure who owned it. David Fie1d owned it. and then my brother-in-1aw was buying it when it burned. MR. CARVIN-Do you know when that, approximate1y, was? MRS. BARRETT-When it burned? MR. CARVIN-Yes. MRS. BARRETT-About '81. MR. CARVIN-So, it's been about 10, 11 years. So, it's been sitting. basica11y. vacant for that period of time? MRS. BARRETT-Yes. MRS. EGGLESTON-It's not rea11y vacant, because it's part of a 10t in back, where your mother? MRS. BARRETT-Yes. MRS. EGGLESTON-Yes. it's a11 one 10t? MRS. BARRETT-No. It's divided into two sections. MRS. EGGLESTON-Deeded, by deed? MRS. BARRETT-Right. MRS. EGGLESTON-Two separate deeds? MRS. BARRETT-Yes. MR. SICARD-It appeared to me that they were using this 10t that's on Newcomb Street for ingress and egress. Are you using this existing 10t, your 10t, to go in and out of the back 10t? MRS. BARRETT-No. There's a drive through between our 10t and Mr. K1ine's 10t. MR. SICARD-But do they come out on Newcomb Street? MRS. BARRETT-Yes. 2 -....... MR. SICARD-Who owns that drive through? Is it a right-of-way? MRS. BARRETT-Yes. MR. SICARD-You don't own the right-of-way? MRS. BARRETT-No. My mother-in 1aw does. MR. SICARD-Your mother-in-1aw does. What side is that on? Is that on the side where we need the two foot setback? MR. TURNER-Yes. MRS. BARRETT-Yes. MR. SICARD-It's on that side? I saw the road there, but I didn't know who. MR. CARVIN-I drove through there. I cou1dn't actual1y find this particu1ar 10t, but in the area, I noticed that there's rea11y on1y two other mobi1e homes. Is that correct? MRS. BARRETT-Two or three, yes. MR. CARVIN-Okay, because I saw one that sat on quite a, I think it was 15 Newcomb. I think the name was Dumas. Is that any re1ation? MRS. BARRETT-And then there's Montgomery's just down the road a 1itt1e ways, and my mother-in-1aw's 1ives in a trai1er, too. MR. CARVIN-Okay. So, there's three of them there now? MRS. BARRETT-Yes. MRS. EGGLESTON-Fred, did you see the cement s1ab with a jeep, 1ike, parked on it? It was 1ike a four whee1 drive thing, parked. MR. CARVIN-I drove up and down the street two or three times, and I just didn't find it. MRS. EGGLESTON-If you come in from Corinth Road. it was on the 1eft hand side. MR. CARVIN-I noticed that it is quite crowded in there. That's my on1y rea1 concern. MRS. EGGLESTON-I've got a question for Pat. A '73. MRS. CRAYFORD- The Bui1ding Inspector wiH have to go out and 100k at the mobi1e home. to make sure it meets codes. MRS. EGGLESTON-I don't think they're a110wed in the parks, are they. in the Town of Queensbury? MRS. CRAYFORD-We don't have a date regu1ation. MRS. EGGLESTON-Then it must be park ru1es, maybe. MRS. CRAYFORD-Maybe park. yes. MR. TURNER-No further questions? Okay. I'll open the pub1ic hearing. PUBLIC HEARING OPENED WILFORD KLINE MR. KLINE-My name is Wi1ford K1ine. I own the 10ts on either side of the existing 10t that is in question here. I just wish to make a coup1e of things c1ear. There is no right-of-way to the trai1er in back on my 1and. Right now they're using my driveway and have been for severa1 years, but I have been p1anning to put a fence up for my own privacy. My 10t's on1y a 50 foot wide 10t, and it is getting crowded in through there, and if this trai1er goes in there, and if they change hands on the 10t. then the trai1er behind does not have access to the road, and the way they're ta1kfng, they're going to buy the 1and, the 10t up front from their mother-in-1aw. That cuts her off from the road. I have the 10ts on either side of the front 10t and 1ike you stated ear1ier. it's a crowded 1itt1e neighborhood now, and it's just going to get more so if the trai1er comes in. MRS. EGGLESTON-Both of your properties are dwe11ings, right? They're not mobi1e homes? 3 -::::: MR. KLINE-No. I have a house on the north side that I rent out, with a run down garage that's hopefuììy going to be taken down this summer, and I have four buiìdings on the ìot on the south side. One is my dweììing. One I rent out, and two of them right now standing. MR. TURNER-Okay. So, you're referring to Lot 14 where the driveway accesses the traiìer in the back. Is that correct? MR. KLINE-Right. Two thirds of what that driveway is is my property. Approximateìy one third of the dirt driveway at the road beìongs to the traiìer park. So, the onìy access she wouìd have wouìd be the 18 feet up by the traiìer park. MR. TURNER-Up by the proposed traiìer site. MR. KLINE-And if they were to change the deed over to somebody eìse's name, if it wasn't in Theìma's name, that wouìd cut off her access to the road. without a right-of-way deeded into it. because it's not deeded in my ìot. She does not have a ìegaì right-of-way. MR. TURNER-There's no easement? MR. KLINE-No easement. MR. TURNER-Okay. MR. SICARD-It just comes to my mind whether we ought to have an accurate survey of this. I mean, we've got his word for it, but if he's going to chop off their ingress and egress, I think we shouìd be ìooking at a better survey. I'd ìike to see a better survey. This couìd happen any time if they decide to cìose that driveway. and then you've got somebody ìandìocked out in back. Now they can get out. MR. KLINE-That's my chief concern in this situation now. If they put a traiìer there, and she has. MR. SICARD-You can do that anytime, if you don't have any. MR. KLINE-I don't own the front ìot. The two ìots, the ìot that they're pìanning on putting the traiìer on is one ìot. and directìy behind that ìot is the existing traiìer ìot. MR. SICARD-Another traiìer, and they're using your driveway? MR. KLINE-And at this time they're using my property for. MR. SICARD-So, if you seìì tomorrow, there's no driveway? MR. KLINE-If I soìd tomorrow. and somebody decided to put a fence up, or, ìike, I had been hoping to put a fence up. Up untiì now, I couìdn't reany afford it. but it's just, with the traffic coming in and out of the driveway aìì the time, it's going to. MR. SICARD-If we approve it. you're putting them into ìitigation quick. MRS. EGGLESTON-How ìong have you owned your property? MR. KLINE-I've owned my property since, weìì. I purchased it from Mrs. Danieìs in 1979. MR. CARVIN-In 1979 there was a mobiìe home there? MR. KLINE-There was a mobiìe home on the front ìot, yes, there was. MR. CARVIN-Okay. MR. CARR-But not on the back? Was there one on the back ìot, aìso? MR. KLINE-There was one on the back ìot aìso, yes. At one time, there was the two ìots, the two mobiìe homes. They were in separate names. aìso. MR. CARVIN-Okay. Was there a probìem with egress at that point? MR. KLINE-Weìì, they were using my driveway. MR. CARVIN-Okay. I guess what I'm saying is, there was no probìem. other than the fact that they were using your driveway? MR. KLINE-Wen, it was crowded there. It's aìways been. When that traiìer was moved, it opened the area up quite a bit. 4 --", MR. TURNER-Do you have anything e1se, Mr. K1ine? MR. KLINE-That's it. MR. TURNER-Thank you. PUBLIC HEARING CLOSED MR. TURNER-Any discussion? MRS. EGGLESTON-Over on Nathan Street we had. where they wanted to put the traHer up in the back of. the guy wanted to come out of the Luzerne. it's the same circumstance. and we said no. They wanted to get out of the traHer park into a an area that wasn't designated for mobi1e homes, and I think it was before us twice, with a different discussion each time, and both times we turned it down. I don't know about you. but I fee1. reaHy, this is a deteriorating neighborhood. and I think there are efforts being made by some of the peop1e up and down the street, especiaHy on the end towards Luzerne Road, and there's a spot right in the midd1e that's reaHy in a bad way. but the ends are trying to dean and make it better 1ooking. In my mind, to aHow that o1d a traHer to be brought into an area just does nothing for the neighborhood, and I don't see a practica1 hardship here. MR. CARR-The economic difficu1ty or hardship on the appiicant hasn't been shown, not because they've tried to seH it as a sing1e famHy residence and can't. It's just that they want to p1ace a traHer on it right off, and I think as a. it faHs in its initia1 appiication. They haven't provided that they've tried to seH it, or they've tried to utHize it as a sing1e famHy residence, with 'a regu1ar home on it, as opposed to a mobi1e home. MR. SICARD-That area's not zoned for trai1ers. MR. TURNER-No. MRS. EGGLESTON-No. MR. CARR-No. That's why it needs the use variance. MR. TURNER-Yes. Okay. Any further discussion? Okay. Motion's in order. JlJTION TO DENY USE VARIANCE NO. 50-1992 RAYtIJND MD NANCY BARRETT. Introduced by Joyce Egg1eston who moved for its adoption, seconded by Bruce Carr: To p1ace a mobHe home on Newcomb Street. Appiicant has not demonstrated an economic hardship in app1ying for this mobi1e home, nor have they demonstrated their efforts to seH the 10t for a sing1e fami1y home or put a sma11er home on the property. I fee1 it wou1d be detrimenta1 to the neighborhood, as the neighborhood is a1ready deteriorating in that specific area, and to aHow a 1973 traHer or mobHe home to be brought onto the 10t wou1d just not be a practica1 idea. There's a1so some question as to the possibHity that were we to aHow that, and sp1it the front and back 1ots, it wou1d 1eave the back 10t 1and1ocked. That is a specu1ation by a neighbor. Du1y adopted this 27th day of May, 1992, by the fo11owing vote: AYES: Mr. Carvin, Mr. Carr, Mrs. Egg1eston. Mrs. Pa1ing, Mr. Sicard. Mr. Turner NOES: NONE MR. TURNER-The Area Variance is a moot question, I guess. MRS. EGGLESTON-Yes. (7:51 p.m.) OLD BUSINESS: USE VARIANCE NO. 27-1992 TYPE: UNLISTED SR-lA BRIM L. I VICKI L. IlARlfER ClßER: SAŒ AS ABOVE VMDUSEN ROAD TO PLACE A JlJBILE HOlE ON A PARCEL lOCATED ON THE SOOTHlŒ51 CORIŒR OF PITCHER ROAD AND VMDUSEN ROAD IN A ZONE WHERE MOBILE HClES ARE NOT A PERMITTED USE. TAX IMP NO. 125-2-6 LOT SIZE: 37,000 SQ. FT. SECTION 179-19 DANIEL TALLON, REPRESENTING APPLICANT, PRESENT (7:51 p.m.) MR. TALLON-Good evening, Ladies and Gent1emen. It's been 20 years since I appeared before the Board. I was one of the first members of the Warren County P1anning Board. You a11 have copies of the petition. I beiieve you do not have any photographs, which I wou1d 1ike to, if Mr. Turner wou1d mark them Petitioner's Exhibit A. B, and C. MRS. CRAYFORD-Cou1d you give us your name. p1ease? 5 MR. TALLON-Daniei TaHon. I'm attorney for the petitioner. Now, this is compieteiy contrary to the matter that you just heard. Taking things in reverse from what Mrs. Eggieston has said, the property behind it certainiy wouid not be 1eft iandiocked by the granting of this appiication, because it has access to both Corinth Road and Pitcher Road. This property for which we're seeking the appiication is on the Pitcher Road side of the property which extends from Corinth Road, aiong VanDusen, to Pitcher Road. Mr. Warner and his wife have purchased a home recentiy, on the property. It is one iot. The adjoining iot, where we are seeking the variance to p1ace a mobiie home, which incidentaiiy is approved by the Queensbury Board. MR. CARR-Excuse me. Approved in what way? MR. TALLON-I misunderstood what HO meant. I meant, the addition which shows the petitioner as one got approved. Do you understand what I mean? MR. CARR-Okay. The addition onto the mobiie home? MR. TALLON-Onto the mobiie home, yes. It's a good iooking mobiie home. It's reiativeiy new, the mid 80's. MR. CARR-Where is it iocated now? MR. TALLON-Homestead Traiier Park. MR. CARR-Now, what wouìd be the use of this mobiie home? It wouid be, obviousìy, a residence, but rentai, or? MR. TALLON-Yes. MR. TURNER-Rentai. MR. TALLON-There is an economic hardship to the property itseif, which I'H refer to as the Warner property, in that it is too smaii to accommodate two normai homes, with the conditions present. MR. CARR-But it's got the use of the property for what it's zoned for, one singie famiìy residence. MR. TALLON-Yes. The probiem, Mr. Carr, is that the peopie on the corner, if you wiH refer to Petitioner's Exhibits Two and Three, have used that as a dump. There's a wooded area behind it, and somebody, many, many years before you or I, apparentiy moved an oid traiier on there. It rusted out. As peopie pass this area in its present condition, it's wooded, in the summer time, they have a tendency to, vandaìs do, throw beer botties, debris, that sort of thing, despite efforts to pick that up. It's an invitation to disaster, at the present time, whereas, if it had a mobiie home on there, it was occupied, seeded, grassed, and sodded, and someone was iiving there, it wouid iook and conform to the rest of the community. Now, there are other mobiie homes immediateiy surrounding this particuìar request. You know where Forest Home Mobiie Park is, do you not? MRS. EGGLESTON-Yes. MR. TALLON-That's immediateiy to the north. There is a mobiie home across VanDusen Road from where we are asking for this appiication. There is one house that does not show on the appiication, here, but if you iook at the corner of Pitcher Road and where it says Forest Home Mobiie Park, there is a house that is iocated there, that there's no objection from that property owner, because he wants it cieaned up, too. Obviousiy, it wouid add to the tax roHs, if this variance were granted, and I faii to see where any harm can be done to anyone by the granting of this appiication, because there are mobiie homes set back beyond the wooded area. There are mobiie homes on the other side of Corinth Road. There are mobiie homes in Forest Park, adjacent to this. Mr. Warner I've known for severai years now, for about 30 years, and I know, from my own knowiedge, that everything piece of property he has ever purchased or used has been kept in exceiìent condition. Back when he iived in Giens Faiìs, I was on the Giens FaHs Pianning Board, and aiso on the Zoning Board, and I was quite famiiiar with aH the properties in Giens FaHs. We are not asking for spot zoning. I feei that we faH within a switched burden of proof, under the BuHard case, which I'm sure you're aH quite famiiiar with, and aiso the Stevens against Huntington case. The party that owns that house, his name is Biii Gates, I do not beìieve that he is opposed to this appiication. The peopie who iive, either on the other side on Corinth Road, or way, way down, beyond the Forest Park Mobiie Home, since they were denied appiications by this Board, themseives, I beiieve they oppose it. I wouid be happy to have Mr. Warner answer any questions that the Board cares to ask. MRS. EGGLESTON-I'd iike to ask Mr. TaHon, with aH due respect, you're using a practicai difficuity because the iot is used for iitter. To put it biuntiy, if every iot in the Town of Queensbury that was iittered was aiiowed a mobiie home on it, we'd have more mobiìe homes than we wouid homes. Actuaiiy, it says a use variance, the criteria, it wouid resuit in a specified unnecessary hardship to the appiicant, one thing, and aiso that he cannot yieìd a reasonabie financiai return if used as permitted in the zone, and you haven't touched on either one of the two criteria that we need to meet. 6 MR. TALLON-Certainìy it wouìd be an economic hardship to him because he cannot derive any income from it. It's an economic hardship to the ìand itseìf. The ìand is not ìarge enough, the portion of Ìðnd that we're seeking in that zoned. It's not ìarge enough to buHd a home. No one in their right mind wouìd go out and buHd a house in this area when it's surrounded by mobHe homes, unìess they had a mobiìe home themseìves. What was your second question, Mrs. Eggìeston? MRS. EGGLESTON-That he couìdn't yieìd a reasonabìe financiaì return if used as permitted in the zone. He hasn't shown that he's tried to seìì it, and couìdn't. MR. CARR-It's not two ìots. The zoning is one house per one acre. He's got his one house on his one acre. I mean, I don't see. MR. TALLON-He can't seìì it. MR. CARR-Right. There's no financiaì gain. He's ìosing here, because he wouìdn't be entitìed to it, other than his house. If he wants to seB his house, but he doesn't want to do that, but, I mean, everybody with a house on a ìot, I mean, just because they can't take out, if you have your house on a ìot, and your ìot is the size that's in the zone, you aren't aBowed to put a rentaì unit on, and that's not enough financiaì ìoss. I mean, the financiaì ìoss is that he's tried to use the ìot, the whoìe ìot, as a singìe famHy residence, but it's impossibìe. I think you wouìd agree, that's what the ìaw is, as to financiaì return, and right now there ~ a singìe famiìy residence on the ìot. MR. TALLON-Yes. MR. CARR-So, I don't know how he can ever meet the financiaì burden. MR. TALLON-WeB, I beìieve the financiaì burden is that he has this extra room. which he owns himseìf. He's not going out into the market specuìating, here. vacant the first of June. That is an economic hardship. He has the traHer, It's going to become MR. CARR-No. That's not an economic hardship with the ìand. MR. TALLON-Deaìing with the ìand, but it is an economic hardship his property. MR. CARR-I just want to go back, before you go on. You said he has the room, but he doesn't. He has the room for one singìe famHy residence on a one acre ìot. He has ìess than an acre. It's a preexisting ìot of record, okay, and he's got the one house that's aBowed in the zone. So, I can't see how you can say he's got the room, other than saying, I mean, physicaBy, he's got the room, but a ìot of peopìe physicaììy have room on their ìots to pìace a mobiìe home, but that doesn't mean, under the Code, he has the room. MR. TALLON-I beìieve the onìy way I can answer you is this. It wouìd increase the vaìue of the entire piece of property which he does own, not to have it being used by vandaìs as a dump and to beautify it, not onìy the mobiìe home, but have someone ìiving there, maintaining the property. MR. TURNER-Yes, but, again, that's not the criteria for the use variance, because the vandaìs dump garbage on there. That has nothing to do with this Board. That's a poìice matter. MR. TALLON-Yes. MR. CARVIN-And my guess is that if you wouìd remove that fractured traHer traHer, which is pretty ransacked, that probabìy wouìd cure a ìot of the probìem of the vandaìs. MR. TALLON-That is an economic hardship, unìess he can derive from it income. MR. CARVIN-WeB, it's on the property. If he wants the vandaìs, then ìeave that structure there, and if he doesn't, then get rid of it. I guess that is ~ position. MR. TALLON-I understand your position. It's tenabìe, but not practicaì. MR. CARVIN-He's going to have to remove it anyway, right? If he puts the traHer there, it wouìd have to be removed anyway. Let me ask you this, the traiìer is currentìy rented, is it, where it is? BRIAN WARNER MR. WARNER-The peopìe are moving out June 1st. I have nobody in there. The Traiìer Park has new owners, having a hard time with peopìe. They're doing credit checks. It's getting reaBy hard to get anybody in there, but if I couìd say something about the property, if you've ìooked at it, if you go from the Forest Park entrance off of Dixon Road, aìì the way down through down, it's my property, to the corner of VanDusen Road, and there's just garbage strewn everywhere, and it'B continue untH, and across the street on VanDusen Road. 7 MR. CARVIN-Wei1, if you take a ride .!œ. Luzerne Road. as I do aìmost everyday on that road, there's garbage and trash the whoìe ìength. MRS. EGGLESTON-It's aìì over the pìace. MR. CARVIN-It's aìì over the pìace. MR. WARNER-Weìì, if you ìook at where my house is, from my driveway around the Corinth Road, you don't see garbage out there. I go out there and pick up a cup every now and then, but since I moved in there ìast year and mowed the ìawn, it changes, and the peopìe don't tend to throw things out so much. MRS. EGGLESTON-When did you buy the property? MR. WARNER-Last February. I moved in, in the end of Apriì. MRS. EGGLESTON-February of? MR. WARNER-'92. MRS. EGGlESTON-'92? MR. TALLON- '91. MR. TURNER- '91. MR. WARNER- '91. MR. TURNER-Let me ask you this, when you bought the property, you were aware of what it was zoned for, is that correct? Did you check into it? MR. WARNER-No. This is something that I thought about trying to do. Peopìe toìd me you couìdn't do it, hearsay. MR. TURNER-let me ask you this, then. When you bought the property, ìast February, was it your idea, at that point in time. to put a mobiìe home on it? MR. WARNER-No. MR. TURNER-You own this mobiìe home that's in the park? MR. WARNER-Yes. MR. TURNER-Previous to buying this house? MR. WARNER-Yes. MR. TURNER-You ìived in that mobiìe home? MR. WARNER-Yes. I moved from that mobiìe home. MR. TURNER-To here. right, and then you rented? MR. WARNER-Yes. MR. TURNER-Then because you can't rent the mobiìe home that's in the park, and you wanted to take it out of there and you wanted to take it out of there and put it on the ìot? MR. WARNER-Wei1, it wouìd be to my benefit to put the mobiìe home on the ìot, if it was approved, and rent it out, and for the money that I wouìd receive for ìot rent, we couìd pay for a ìoan to deveìop the property, which wouìd be a considerabìe amount of money put in to deveìop the property the way I want to do it. MR. TURNER-Yes, but, again, I guess our position is, it's an SR-IA ìot. You bought the ìot. You bought the ìot with the house and garage on it, and one buiìding, one principaì buiìding that's ai1owed. That's aìì that's aììowed. MR. TALlON-Weìì. he aìso purchased the property to heìp out some reìatives. I can't get into the reasons for that purchase. They were up against, one of the parties was dying. He was the nephew, and he purchased the property that way. That has nothing to do, reai1y, with what we're taìking about here tonight. MR. TURNER-No. 8 MR. TALLON-I be1ieve, my reading of this is we have shown, there is an economic hardship. I agree with what Mrs. Egg1eston said, there's 10ts aH over Queensbury where there is debris and stuff. Unfortunate1y. the p01ice just can't cope with it. Certain1y. by eHminating one, at 1east we are doing something to increase, beautify Queensbury. and second1y we are adding to the tax roHs. The genera1 intent of the Statute is to try to not inhibit, but keep the Town as it was when I moved here. Queensbury in 1954 certain1y has changed. This Board has tried to do things to he1p beautify the Town. This wou1d be a definite asset to the Town. MR. TURNER-Okay. Thank you. MR. TALLON-Thank you. I'll now open the pub1ic hearing. PUBLIC HEARING OPENED RALPH NACKINS MR. NACKINS-Ra1ph Nackins. We own 30 acres on the south side of Corinth Road, direct1y across the road from Mr. Warner. I strong1y object to p1acing a mobHe home on the property. I hope he doesn't take offense. He's a good neighbor, and I don't want to jeopardize the va1ue of my property, and I'm sure it wou1dn't he1p the va1ue of his property. That area has c1eaned up, 1ate1y. It has improved. and I'd 1ike to see it continue that way. MR. TURNER-Okay. JUDY KINNY MRS. KINNY-Judy Kinny, Michigan Avenue. I used to 1ive at the property he wants to put a trai1er on. MR. TALLON-I don't be1ieve this young 1ady has any status before the Board. She is not in any way adjoining this property. She is the daughter of a woman from whom the property was purchased a year ago, and there has been sour grapes between her and her famHy and Mr. Warner since. I don't think she has any status before this Board on this matter. MR. CARR-Mr. TaHon, as you know, any resident of the Town of Queensbury has a right. It's a pub1ic hearing. It was notified in the paper, and every resident in the State of New York has standing to speak their mind. MR. TALLON-Then I ask that her remarks be directed to the issue before the Board. MRS. KINNY-They wi11 be. In regards to the garbage on the property, VanDusen, Pitcher to Corinth Road. that's a1ways, there hard1y has been any garbage. The other haH, of course there's garbage. There's garbage everywhere. With him putting a trai1er up there, it's going to decrease the va1ue of my father- in-1aw's home, which is on Pitcher Road, which my husband's going to be taHing about that. It'H be bringing down the va1ue of his own home. putting a traHer up there, and the on1y other traHers on the street is one across, kitty corner from them, which is there for a hardship case. for an e1der1y woman, her son moved there to take care of her. Down further is a tractor trai1er. which I don't think that's even think that's a traHer. I beHeve that's a doub1e wide home or something. They're the on1y traHers on the street. Other than that. there's a traBer park. There's none on Corinth Road. un1ess you go way down past Country Kitchen, down further. Then there are, there's four or five, and they're sma11 trai1er port. MR. TURNER-Okay. Thank you. MICHAEL KINNY MR. KINNY-My name's Michae1 Kinny. I reside at the same pìace as my wife. My father owns 1and and a house on Pitcher Road that faces a hiHthat's near C1endon Brook. I p1an on buying his house in a year or two, and I'd rather not have the traHer there, and as far as that tractor traBer. it's been there a 10ng time, and there's a hardship case to get rid of it. Peop1e wi11 buy the scrap iron and hau1 it away, but as far as the trai1er going in there. me and my father oppose it. MR. TURNER-Thank you. Anyone e1se wish to be heard? KAY LAMERE MRS. LAMERE-Hi. My name is Kay LaMere.· We1ive on Pitcher Road. We 1ive three houses down from the 10t in question. and we are in objection to this a1so. We fee1 that it wiH 10wer the va1ue of our house, and a1so there is a traHer park, and I fee1 that that's what traHer parks are there for. and as far as the garbage issue, we keep our home up nice, but they do throw garbage on our 10ts, too. MR. TURNER-Okay. Thank you. 9 PUBLIC HEARING CLOSED CORRESPONDENCE MRS. EGGLESTON-We've got one teìephone caH in from Madeìine DriscoH who ìives within 500 feet. She is opposed to adding a mobiìe home on this parce1. There are pìaces for mobiìe homes further up the road. Parceì is 1ess than an acre. and doesn't want it to become an eyesore. MR. TURNER-Okay. Any discussion? MR. CARR-I just think, I mean, there's not economic hardship. MRS. EGGLESTON-No. MR. TURNER-There's no hardship. Okay. Motion's in order, then. MOTION TO DENY USE VARIANCE 10. 27-1992 BRIAN L. I VICKI L. WARNER, Introduced by Bruce Carr who moved for its adoption, seconded by Joyce Eggìeston: The property is current1y used for a sing1e famHy residence, is ìess than one acre in size, and is in the singìe famHy one acre zone. There's no economic difficuity associated with the 1and which wou1d warrant the granting of a use variance. The property is currentìy being used as zoned and to grant this variance wou1d be detrimenta1 to the neighbors and the purposes of this Ordinance. Du1y adopted this 27th day of May, 1992, by the foì10wing vote: AYES: Mr. Carr. Mrs. Eggìeston. Mrs. Pa1ing, Mr. Sicard, Mr. Carvin, Mr. Turner NOES: NONE (8:21 p.m.) NEW BUSINESS: USE VARIANCE NO. 44-1992 TYPE II SFR-lA «liNER: 24 FT. BY 24 FT. STORAGE BUILDING MD BREEZEWAY. 179-20 SAME AS ABOVE JEADOMBROOK ROAD PROPOSAL FOR A TAX MAP NO. 60-2-6 LOT SIZE: 13± ACRES SECTION JOHN GORALSKI, REPRESENTING APPLICANT, PRESENT (8:21 p.m.) MR. CARR-Pat, is this here for a use variance because it's a? MRS. CRAYFORD-Warehouse use. MR. CARR-Warehouse use. MR. TURNER-In an SFR zone. MR. GORALSKI- TechnicaHy. the on1y zone in the Town that wou1d aHow this type of use is recreation comme rc i a 1. MR. CARR-What are you going to store in it? MR. GORALSKI-Cookies, most1y. and some camping gear that they give out to the Girì Scouts. MR. CARR-What's 24 by 24? How 1arge is that? MR. GORALSKI-It's the size of a two car garage. I just caHed Cindy Hess. who's the Director of the Gir1 Scout Counci1. I thought you had another app1ication before this. and she was in a meeting. She'ìì be here momentarHy. She has a 1etter from the Pipers who ìive right across the street, stating that they have no objections. MR. CARR-Is this bui1ding going to increase traffic at aì1 on the site? MR. GORALSKI-No. The onìy thing this is going to be used for. as I said, is storage of cookies and camping gear. They have a probìem because the basement of the buiìding is wet. Because the wet1and is so dose, that the groundwater is very high. If you've ever been inside there. they're kind of aìì on top of each other. So, what they wou1d 1ike to do is just have this buiìding so they can store their goods and make a ìittìe more room for the peop1e who work there now. MR. CARR-There's no intention for this to be made into any type of office space, is there? MR. GORALSKI-Abs01ute1y not. It's not even going to be insuìated. The existing garage that's there now wi1ì be used for office space. 10 -- MR. CARR-Which end of the bui1ding was that 10cated on? MR. GORALSKI-The north end. MR. CARR-Are you going to be c1earing the brush back from that end of the bui1ding, I guess? MR. GORALSKI-There win be a Htt1e bit of c1earing that takes p1ace. There is a C1ass I Wet1and on the property. We have received a Wet1ands Permit from the P1anning Board. We have a 1etter from DEC stating that they are going to issue a Wet1ands Permit, however, that wi11 not be done unti1 June 6th. I beHeve is the date. I have a 1etter stating from DEC basicaHy stating they have no prob1em with the proposa 1. MR. TURNER-When in June, John? MR. GORALSKI-June 6th. June 3rd. I'm sorry. MR. SICARD-How far back from the road is it. John? MR. GORALSKI-The new storage buHding is going to be about 31 feet from the road and 77 feet from the stream. MR. CARVIN-Wi11 this have garage type doors? MR. GORALSKI-It win have one. it wiH be Hke a sing1e car garage door. It, actuaHy, what we'H probab1y do. to stay very 10w budget. is take the door and the existing garage and re-use that. MR. TURNER-The roof profi1e wi11 be the same as the rest of the bui1ding? MR. GORALSKI-Yes. ActuaHy, it win probab1y be 10wer. It wiH be the same pitch, but the dimensions wi11 be 10wer. The idea is to make it 100k 1ike a garage with an attached breezeway. MR. CARVIN-So. if the bui1ding was s01d at some point. it cou1d be converted back to a sing1e fami1y? MR. GORALSKI-The buHding is not worth the amount of money that it wou1d take to convert it back to a sing1e fami1y. That was something that was 100ked into. MR. CARVIN-Okay. Now. you have two parking p1aces here. Wou1d that be parking p1aces. or wou1d that be a driveway. possib1y? MR. GORALSKI-That wou1d be where peop1e come to pick up the camping gear or cookies. They wou1d park there. The Cookie Director wou1d come through the breezeway, open the garage door. MR. CARVIN-Okay. So, in other words, there wou1d be a grassy area between the end of the parking and the buHding? MR. GORALSKI-No. That wou1d be the grave1 area. That wou1d a11 be grave1. MR. CARVIN-Okay. MR. CARR-When the cookies are de1ivered, what are they de1ivered in, a big truck. an eighteen whee1er? MR. GORALSKI-A truck. I'm not sure. To be honest with you. I don't know how big they are. Mrs. Hess cou1d teH you. MR. CARR-Okay. but that's the way it's deHvered now? That's the 10cation the cookies are deJivered to now? MR. GORALSKI-Yes. What happens now is. once again, if you've ever been in there, around cookie time, there's boxes of cookies a11 over that office. DON HESS MR. HESS-I'm Don Hess. 1'm not here representing the Gir1 Scouts, but they seH more cookies then you cou1d possib1y store there or at our property where we have warehouses. Most of the cookies are, I beHeve. deHvered direct1y from the cookie company to the various towns in the three counties that this Gir1 Scout CouncH serves. The cookies that are stored here are, I beHeve, an excess amount that are going to be used in the 10ca1 area in specia1 promotions, and it is a sizeab1e amount of cookies, but nothing near what they se11. She can te11 you. MR. GORALSKI-This is Cindy Hess. She's the Director of the Gir1 Scout CouncH and any questions, as far as their operation is concerned, she can answer them. 11 MR. CARVIN-I just have one more. Do you p1an to keep cookies in there aH year 10ng, or wou1d this be just a temporary type of thing? MRS. HESS-That's just a few months of the year. The cookies are deHvered in March, so the gids can deHver them, and then we have what we caH a Cookie Cupboard, so if the troops don't have enough, they can come and get more. MR. TURNER-Parking. MR. GORALSKI-I spoke to Mrs. Crayford. MR. TURNER-That's a tough spot down there. She knows that and I know that. MR. GORALSKI-We understand that. That's why, you know, we did extend the grave1 parking as far as we cou1d. ReaHzing that we are deaHng with a Wet1ands Permit, that's aH that DEC wou1d aHow us to do. So, we increased the parking as much as we cou1d, without encroaching on wet1and or cutting down any of the trees. MRS. EGGLESTON-Did you think, at a11, maybe, of going up? MR. GORALSKI-Yes. We did 100k at that, a1so, and, structuraHy, you just can't do it. You'd have to take the bui1ding down and bui1d a new bui1ding, which DEC wi11 not 1et us do. MR. TURNER-Okay. Any further questions? None? Okay. I'll open the pub1ic hearing. PUBLIC HEARING OPENED OSCAR SUNDBERG MR. SUNDBERG-I've got one question. I'm Oscar Sundberg and I own the property across the way. What is the e1evation of the garage? MR. GORALSKI-The garage wiH be at 303. Mr. Sundberg is referring to the property that he is seHing, across the street to Rich Schermerhorn. We are on the opposite side of the street. FEMA Regu1ations, based on the property and the f100dp1ain of Ha1fway Brook in that specific 10cation, we've 100ked into that, I think, and if, in fact, that the case was we cou1d not get a FEMA Permit, then we wou1dn't be ab1e to get the Bui1ding Permit. It rea11y has no bearing on the use variance. MR. SUNDBERG-The on1y thing is, I brought that up because I am inv01ved with FEMA. MR. CARR-Cou1d you exp1ain FEMA? MR. SUNDBERG-I think it's the Federa1 Emergency Management Area. So, somebody has decided that some time we are going to have a big Hood and that this area wiH Hood. I think it's on1y for insurance purposes. MRS. EGGLESTON-It's a f100d zone? MR. SUNDBERG-Yes. MR. TURNER-Yes, it is. I've seen the water come right across the road right there. MR. SUNDBERG-So, it's for insurances. MRS. EGGLESTON-Yes. MR. SUNDBERG-The manh01e for the shore1ine in front of the office is 303 feet, and at that point, it's got to be 304 to meet FEMA' s zoning for it. I just wanted to throw that in. I have no objection to this project. In fact, I even think it wou1d make this buHding 100k better. It wou1d 100k more Hke a house. So, I have no objection, except the e1evation. It's on1y fair that if one has to do it, everybody shou1d have to do it. It on1y means bringing in another foot of dirt. MR. TURNER-I can teH you, John, the water runs right across Meadowbrook Road, at 1east six inches deep, right at that 10cation. MR. GORALSKI-We're aware of f100d regu1ations. We're aware of DEC Wet1and Regu1ations. MR. TURNER-I'm just te11ing you it does. It happens. MRS. EGGLESTON-This isn't going to have a basement under it? MR. TURNER-No. 12 MRS. EGGLESTON-Because your probiems with where you are is the water in the basement. right? So, you have to have a dry spot. MR. SUNDBERG-One more statement, to ease Ted's fears about a fiood. About 10 years ago they put a new bridge in Meadowbrook Road. We had a bad raiiing on the bridge, so naturaiiy they put a new bridge in, and that bridge was designed for a 100 year fiood. In fact, it was designed so big that they took some of my property. and in the meantime they buiit the road up, because they couidn't go deep enough with the bridge because they put a water Hne through there and the bottom of the bridge is two feet beiow the water iine. So. they had to raise everything up. So, that water wiii never go across that road. If it does, the sewer system is in troubie, but the bridge was designed for that. So. if Ted saw any water go across that Meadowbrook Road, it had to be back in the 40's. MR. TURNER-No. not that iong ago, Oscar. MRS. EGGLESTON-That fiood zone's just designed to make you buy more insurance. you know. If you get a mortgage and you're in the fiood zone, you've got to buy fiood insurance. MR. TURNER-Yes. Okay. Anyone eise wish to speak? None? Pubiic hearing's ciosed. PUBLIC HEARING CLOSED CORRESPOJIDErtCE MRS. EGGLESTON-A ietter from Sharon and James Piper, they just have RR5 Box 411 Queensbury. "Pi ease be advised that we have no objection to the proposai by the Adirondack Giri Scout Councii, Inc.. to construct a 24 ft. by 24 ft. storage buiiding and breezeway. The property and buiidings owned by the Councii have aiways been maintained weB and their appearance biends weB with the homes in the surrounding area. We iook forward to a favorabie decision on their behaif." A ietter to Lee York from John Goraiski, "Per our discussion regarding the Adirondack Giri Scout Councii storage buiiding. the New York State DEC is considering this a Type II Action under SEQRA. This determination is based on the fact that this is an accessory structure. We are proceeding with the understanding that the Town of Queensbury wiH aiso consider this a Type II Action." And that's it. MR. TURNER-Okay. Any discussion? None? Okay. Motion's in order. MOTION TO APPROVE USE VARIANCE 10. 44-1992 ADIRONDACK GIRL SCOUT COUNCIL, IIC., Introduced by Charies Sicard who moved for its adoption. seconded by Fred Carvin: Which is iocated in an SFR zone. This buiiding is approximateiy 576 square feet on a 24 by 24 buiiding and it's iocated back from Meadowbrook Road. The use is for storage of Giri Scout cookies or any other paraphenaiia that the Giri Scouts use in their operation. They have a Wetiands Permit, and there wiii be no change in use. Duiy adopted this 27th day of May, 1992, by the foiiowing vote: AYES: Mrs. Eggieston. Mrs. Paiing, Mr. Sicard, Mr. Carvin. Mr. Carr, Mr. Turner NOES: NONE (8:39 p.m.) SIGN VARIANCE NO. 46-1992 TYPE: UNLISTED CR-15 HESS VENTURES, INC. C*NER: LACINDA N. HESS S.II. CORNER OF 011 AND ~EErtSBURY AYEJIJE TO KEEP THE EXISTIrtG FREESTANDING SIGN AL.....ING ANY BUSINESS OCCUPYING THE N.E. CoaER OF THE BUILDIrtG TO IDENTIFY ITS NAŒ MD BUSINESS THE SAŒ WAY TtŒ LINEN WAREHOUSE HAS DONE. PRŒERTY lIAS PLAZA STATUS, BUSINESS NAŒS NOT PERMITTED. (WARREN coum PLANrtING) TAX MAP NO'. 111-4-2 LOT SIZE: N/A SECTION: SIGN ORDINANCE DON HESS, REPRESENTING THE APPLICANT, PRESENT (8:39 p.m.) MR. CARR-Mr. Hess, how many businesses are going to be advertised on that sign? MR. HESS-One. MR. CARR-Just one? MR. TURNER-Yes. MR. CARR-What was it. that cycie shop there, or the sports? MR. HESS-That's who's moved in now, and we pian on, in the process of trying to rent the space, the probiem was somebody didn't want to rent it because they didn't know if they couid have a sign, and they'd have to wait. and the period of time. I do have pictures of the four corners, if you're not famiiiar with the other businesses, we have the smaHest sign of the four corners, in terms of square footage. 13 -..-/ MR. CARR-So, the request is not to p1ace the p1aza name sign on it. just the name of one business? MR. HESS-That's correct. MR. TURNER-The definition in the Sign Ordinance says three businesses constitutes a p1aza. So, that's what he's stuck with. MR. HESS-And we see that peop1e have found a way to go around that, in the Town. and we don't think that that's the approach that ought to be taken. We'd 1ike to see if we can't do it this way and have permission to whoever rents that corner space, add their name, business. on the existing sign that's there now. MR. CARR-And that wou1d be the on1y name on it? MR. HESS-Yes. MR. CARR-I mean, you don't need it for your businesses you said? MR. HESS-No. The denta1 1ab does business with the dentists in Town, and he doesn't need advertising. He's been in there a coup1e of years and has had no sign on there. The on1y thing in the window says, "No UPS". MR. TURNER-Yes. MRS. EGGLESTON-We11. Ted. what is the difference between that, where they are and on that other corner, where there are three businesses 1isted on the big sign? There's Deans, and Johns, maybe. MR. TURNER-The sporting goods store, Johns? MRS. EGGLESTON-It used to be. MR. TURNER-It used to be the Har1ey Davidsen. MRS. EGGLESTON-Yes, the Har1ey Davidsen, but there are three entities on that sign, am I right? MRS. CRAYFORD-That sports shop? MRS. EGGLESTON-Yes. MR. CRAYFORD-That's on1y one business there. MR. HESS-On the post. you can see in the picture in the picture. She's correct. There are three separate boards. I don't know how it works out, in terms of businesses. MRS. EGGLESTON-There's on1y one business? MR. HESS-Deans business is actuaHy on Queensbury. faces Queensbury as you go toward the airport. He's got a cyc1e shop there, but the sign is out on Dix. The same thing is true if you 100k at the Hertz sign. They've got a sign that says Hertz, and they've got one that says White Trucks, and another one that says GMC or something. MR. TURNER-They're just defining the product. MRS. EGGLESTON-But those were three separate businesses, it appeared to be. MR. HESS-I have no idea. MRS. CRAYFORD-At the cyc1e shop, you mean, and the sports shop? MRS. EGGLESTON-Yes. MRS. CRAYFORD-As far as I know. there's just two there. I'm not aware of any other business there. MR. TURNER-Johns is one business, the 01d cyc1e shop, that's one business. and the sporting goods store is the other. The cyc1e shop in the back is where they. MRS. EGGLESTON-So, that's another business? MR. TURNER-That's another business. MRS. EGGLESTON-And the sports is another. 14 '-- -.-/ MR. TURNER-The sports is another. MRS. EGGLESTON-So, there's three in there, right? MR. TURNER-Not three in that one buiiding, I don't beiieve. MRS. EGGLESTON-We positiveiy saw three. MRS. PALING-Yes. One of them has four signs on it. MR. HESS-Looking at the property, it doesn't even appear to be, I mean, they're separate buiidings. MRS. EGGLESTON-Yes, but we're trying to iook at the fairness of the signs. Do you know what I mean? Not to question what's in the buiiding, per se, but we're trying to. MR. HESS-Yes. I reaHy don't know. I just took a picture of what was there, because our position was that without a sign, our corner piece of property is then being treated differentiy than the other three corners. MRS. EGGLESTON-Yes. that's what we were iooking at when we iooked at the corner. MR. HESS-That buiiding was buiit by Nassivera, back before that was a residentiai neighborhood or anything, back in '48. when the buiiding was originaiiy buiit. MR. TURNER-Barrett Auto Saies has two freestanding signs out front. one advertises Hertz and the other one advertises GMC, I think. MR. HESS-He's got two different truck names on there. MR. TURNER-Yes. Barrett's Auto Saies has a sign on the buiiding. They've got a Hertz freestanding sign, and they've got a GMC freestanding sign. I think they're in vioiation. MRS. CRAYFORD-It sounds iike I've got to get over to the corner and iook at aii this. MR. TURNER-Yes. Any further questions of Mr. Hess? None? Okay. I'ii open the pubiic hearing. PUBLIC HEARING OPENED NO COIIENT PUBLIC HEARING CLOSED CORRESPONŒNCE MRS. EGGLESTON-A ietter from Marjorie M. Brooder, 2 Barber Avenue, Queensbury, "I am writing in support of the Hess Ventures request for a sign variance for their property at the corner of Dix Avenue and Queensbury Avenue. It seems iogicai to me that the sign which has been there for many years refiect the business currentiy occupying the buiiding. As the owner of property at 93 Lower Dix Avenue, I have no probiem with the existing freestanding sign or its iocation. as a matter of fact, many peopie have been stopping in our store to ask where the sports store is that is occupying the former Linen Warehouse space. I wiH be unabie to attend the hearing, but wouid iike to go on record as supporting Mrs. Hess' request." That's it. MR. TURNER-Any further discussion? None? Okay. A motion's in order. MOTION TO APPROVE SIGN VA.RIAlCE NO. 46-1992 HESS VARWCE, INC., Introduced by Bruce Carr who moved for its adoption. seconded by Theodore Turner: And grant the appiicant reiief from the Code requirement that oniy the piaza name appear on the freestanding sign. In this case. the appiicant wouid be aHowed to advertise the name of one of the businesses iocated within the compiex on the existing freestanding sign. The appiicant has demonstrated that it is technicaiiy under the piaza sign requirements, but is not a retaii piaza. as one is normaiiy defined. The granting of this variance wouid not be detrimentai to the purposes of the Sign Ordinance and it wouid be in keeping with the current signðge iocated in the area. That a review of the Short Environmentai Assessment Form shows no adverse impacts. Duiy adopted this 27th day of May. 1992. by the foiiowing vote: MR. SICARD-Teddy, isn't there a thing in the Ordinance that says that after a sign is not used. that it must be done after a certain time? MRS. CRAYFORD-Yes. 15 ~ MR. TURNER-Yes. MR. SICARD-I'm wondering whether we shou1d, who knows how 10ng it's going to be before it's rented. I wonder if we shou1d put a stipu1ation of time on it, five years ten years. According to the Ordinance, it is supposed to be removed after it's, if there's no one there. How 10ng after? MRS. CRAYFORD-I don't remember, but it's generaHy when a buHding goes out of business, a site goes out of business, and the sign is just standing there b1ank, they have to take it down. MR. SICARD-The wh01e site, or the company that was there? MRS. CRAYFORD-No, the wh01e site. MR. SICARD-They'd have to take the bui1ding down? MRS. CRAYFORD-No, the sign stand. MR. SICARD-Just the sign. The sign wou1d have to come down after how 10ng? MRS. CRAYFORD-I don't reca11. MR. SICARD-I don't know if there's a time 1imit. MR. TURNER-Yes, there is, Char1ie. I'm just 100king for it. MR. CARR-Yes, but a11 they have to do is put Hess P1aza. MRS. CRAYFORD-I don't know where this app1ies, Char1ie. MR. TURNER-That's a11 he has to do. MR. CARR-Yes. I don't know if it wou1d app1y to this situation, because they cou1d put the name of their business on it, as 10ng as one business is on the sign, or name the p1aza. MR. SICARD-Assuming it was s01d, in that case, then probab1y it wou1d come down anyway. MR. CARR-Possib1y. MR. SICARD-I'm just wondering if somebody's going to come into it someday and say, you know, we 1eft it up there, how about ours. MR. TURNER-We11, you cou1d condition the use of the sign to Mr. Hess' occupancy of the bui1ding. MR. CARR-No. I'd rather condition it just to whatever the buHding's used for, they'H have to foBow the Sign Ordinance, un1ess. MR. SICARD-I can understand that. 1eaving it up 1ike that, and we've had other cases where we'd have 1ike to have 1eft it up, especiaHy, probab1y in a 1arge p1aza. I mean, if somebody says, is a sign going to come down, Ia1ways say yes. A company moves. goes out of business. This happens with me quite often. MR. CARR-WeB they shou1d. I mean, they shou1d take the sign down of the business that's there, but to 10se the sign comp1ete1y, I mean, I'm sure Mr. Hess wou1d agree that if this sports recyc1ed, or whatever the name of it, moves out, and he doesn't want it advertised on that sign, he'H either put something e1se in there, and you're going to try to rent it as soon as possib1e, or just put Hess Ventures up there, or something. MR. HESS-Yes, I think the f1exibHity of your motion makes it c1ear that we on1y have one. MR. TURNER-It 1imits them to just the one pane1. AYES: Mrs. Pa1ing, Mr. Sicard, Mr. Carvin, Mr. Carr, Mrs. Egg1eston, Mr. Turner NOES: NONE (8:54 p.m.) AREA VARIANCE NO. 47-1992 TYPE: UNLISTED SR-lA MICHAEL C. RYAN OßIER: ROBERT F. I JOYCE A. RYAN BURCH ROAD, LAST HOUSE ON RIGHT, LOCATION OUT BACK TO STORE A TRAILER ("fEJIJORARILY) ON A PARCEL LESS THM 1 ACRE WITH EXISTIrtG SIrtGLE FAMILY RESIDENCE. TAX MAP NO. 121-6-7 LOT SIZE: 100 FT. BY 225 FT. SECTIOfI 179-19 JOYCE RYAN, REPRESENTING APPLICANT, PRESENT (8:54 p.m.) 16 MR. TURNER-What wouid be the traiier you're going to store there? MRS. RYAN-It's my son's traiier, and he wouid just iike to ieave it there so he'B be abie to get enough money to buy a piece of land. MR. CARR-How long? MRS. RYAN-Whiie it's in the traiier park, there's no way he can afford to buy property. MR. CARR-So, he'ii be iiving in the trailer? MRS. RYAN-No. He'li be living at home. Nobody'll be in the traiier. That wili be empty. MR. TURNER-No utilities wiii be hooked up to it? MRS. RYAN-Nothing. MR. CARR-How iong does he anticipate it being there. MRS. RYAN- It' B probably take him a good year, maybe a year and a hal f to get enough money, with the price of property. MRS. CRAYFORD-This area is zoned for mobile homes. MR. TURNER-That's an overiay zone for traiiers, yes, but aiso there is a principie building and a big garage on the property. MRS. CRAYFORD-Yes. I just wanted to make you aware, though, it i! zoned for mobiie homes. MRS. EGGLESTON-We also turned one down on that same road, Mrs. Burch, who had the home and wanted to put the trailer, her daughter's trailer out of the. MRS. RYAN-He doesn't want to i ive there. He just wants to store it there untii he can get a piece of property. MR. CARR-So, this would be a variance for a certain amount of time, then. MR. TURNER-Yes. MRS. CRAYFORD-WeB, it's also, there's two principie structures on the property, whether he's iiving in it or not. That's how I had to look at it, or I did iook at it that way. MR. CARR-And we would conditioned it, and I think we'd be aBowed to, that no utiiities are hooked up to it, and no residence. MR. SICARD-Yes, one year. MRS. EGGLESTON-I think one year is plenty. MRS. CRAYFORD-I think you did a simiiar situation on Sanders Road. didn't you? I think that was before Joyce. MRS. EGGLESTON-Not to store. We did have one on Sanders Road, but not just to keep there. MRS. CRAYFORD-I thought she was storing that. MRS. EGGLESTON-No. I don't remember it, Pat. anyway, not to. maybe it was before my time. MR. TURNER-We've never had occasion to put one on a iot just to store it. MRS. RYAN-Most of them up our way just put them in there, and we didn't know anything about it. MRS. EGGLESTON-Well, let me ask you a question, wouldn't it make more money to ieave it in the trailer park and rent it and let him come home live with you and have the rental income to save toward buying the property? Because it's not going to make any income sitting in your backyard. MRS. RYAN-WeB, if he could find someone that wouid pay that kind of money. I mean, his payments are over $300 and the property rent is over $200. MRS. EGGLESTON-I think they all do that in the traiier parks. MRS. RYAN-It's very expensive. 17 MRS. EGGLESTON-Yes, but still maybe he'd be making a little. I don't know. MRS. RYAN-I wouldn't want somebody living in my home. MRS. EGGLESTON-Yes. What year is the trailer? MRS. RYAN-It's. I think, a '90. It's a new mobile home. MRS. EGGLESTON-Does he have a familY? MRS. RYAN-No. He's getting married this summer, though. We have a big lot which we don't use for anything but lawn, and it's aB fenced in, except the one side, which wiH be as soon as we find out which way he's going. MR. CARR-That one side isn't that open space? MRS. RYAN-Yes. That's towards the woods. That's all wooded area. MR. TURNER-Yes. MRS. EGGLESTON-I have to forewarn you, though, if we pass this, they're going to be screaming up and down that road, if anybody's living in it, because it just wouldn't be fair. MRS. RYAN-WeH, I don't want to mention any names, there is a mobiie home stored up there which is an eyesore. MRS. EGGLESTON-See, we don't know that, unless, the Town doesn't know it. MRS. RYAN-I don't want to cause any problems with my neighbors. You could take a ride up that road and look directlY in front of my driveway. MRS. EGGLESTON-Your place was kept very nice. You have a nice yard. MRS. RYAN-We try. MRS. EGGLESTON-Yes. and you have enough space, reaBy, that you could do it for him. but no septic system will be put in or hooked or nothing? MRS. RYAN-No. MRS. EGGLESTON-All right. MRS. RYAN-No. I don't want it there permanentlY. MR. TURNER-Okay. Any further questions? None. Okay. I'll open the public hearing. PUBLIC HEARING OPENED NO COMŒNT PUBLIC HEARING CLOSED CORRESPONDENCE MRS. EGGLESTON-A letter from Keith R. LeClair, Burch Road, Queensbury, actuaBy it's a fax, "Regarding the application for a variance for Michael Ryan to store a traiier temporariiy, copy of notification to foBow with this letter. If temporariiy means a limited amount of time to be stipulated by the Board, I see no objection, as sometimes temporary means different amounts of time to different people. This qualification would eliminate a future questioning. Queensbury is a fast growing and beautiful Town. We need to keep upgrading aB streets and roads in our Town by watching what happens to our existing, and by enforcing the current zoning laws. A lot of the homeowners in my area have lived here for years and felt that ownership aHows them to do as they wish with their property, whether it upgrades or diminishes the property values of their neighbors. Keith LeClair" That's the onlY one. MR. TURNER-Any discussion? MR. CARR-I think I agree with Charlie. I know he'd probablY want a year and a haif. I would like to have it come back a year, just to review the situation and make sure that there's not a problem. MR. TURNER-Yes. 18 MR. CARR-I don't have a prob1em with the temporary storage. MR. TURNER-O~ay. I'll make a motion. tlJTION TO APPROVE AREA VARIANCE NO. 47-1992 MICHAEL C. RYAN. Introduced by Theodore Turner who moved for its adoption. seconded by Fred Carvin: With the foHowing conditions, for the storage of a traHer, temporarHy, on a parce1 1ess than one acre with an existing sing1e famHy residence on that 10t, the foHowing conditions are these: One, there wiH be no utHities provided to this traHer, either septic, e1ectric, etc. Two, this variance wi11 terminate in one year. The app1icant has to come back in one year to renew the variance. Three, not to be used for any residentia1 purposes. The Short Environmenta1 Assessment Form shows no negative impact. Du1y adopted this 27th day of May. 1992, by the f0110wing vote: AYES: Mr. Sicard, Mr. Carvin, Mr. Carr, Mrs. Egg1eston, Mrs. Pa1ing, Mr. Turner NOES: NONE (9:06 p.m.) AREA VARIANCE NO. 49-1992 TYPE: UNLISTED SR-lA ALAN E. LINCK (liNER: SAlE AS ABOVE 20 FOREST LANE REPLACE A METAL SHED WITH M 8 FT. BY 18 FT. WOODEN SHED MD M 8 FT. BY 7 FT. ATTACHED PORCH. (WARREN COUNTY PWNING) TAX MAP NO. 122-1-2.7 LOT SIZE: 15,187.5 SQ. FT. SECTION 179-19 ALAN LINCK, PRESENT (9:06 p.m.) MRS. EGGLESTON-Is this the shed that's a1ready bui1t? MR. LINCK-My name is A1an Linck. Yes. MR. CARR-We've got to ask you, why did you do it? MR. LINCK-Why did I do it, you mean without getting the permit? MRS. EGGLESTON-Yes. MR. TURNER-Yes. MR. LINCK-When I buHt my garage about six or seven years ago, I asked, at that time, what exact1y you need a permit for, and it was my understanding at that time that anything, as 10ng as it's not a permanent structure, and there's no e1ectricity or p1umbing needed, that I wouìd not need a permit. So. I took down the meta1 shed. which was a sma11 shed, and bui1t this on grave1 and six by eight beams, with the purpose of when I retire from Queensbury, possib1y drag it out with me on another piece of property that I own in Cob1eskHì. So, I started buiìding. I know ignorance is no excuse in the eyes of the 1aw. MRS. EGGLESTON-It's an awfu11y ~ shed, I think. What are you going to use it for? MR. LINCK-I'm a beekeeper. I'm an avid gardener. I have rototiHers, ìawn mowers, three sons, and my garage is fiHed, and I have my bees over on the other side of the property, and it wouìd be a ìot simp1er for me to do my bee storage and honey extraction. MR. TURNER-Have you got a separator. MR. LINCK-I have a hand one. I'm a hobbiest, but I have to go upstairs, onto a deck, into the kitchen, you know. I thought, as ìong as I was trying to expand a storage shed with my ordinary garbage and ìawn and garden equipment, that this wou1d be a smart addition to it. So, you can never have too much good junk space. So, yes. it is. I didn't know about the, anything over 100 square feet. MRS. EGGLESTON-Was there a form for a hot tub, or what is the form for, in the front? MR. LINCK-Yes. That's for, I don't have a swimming po01, and can't afford one, and never wou1d have enough room. So, I bought an AGWAY Feed Trough. My brother has one in Vermont. and he said it's neat to have. MRS. EGGLESTON-What do you do with it? MR. LINCK-It's an AGWAY Feed Trough. You pour water into it and jump in it and co01 off. I know that sounds kind of strange, but it's a sma11, it costs about $90. MRS. EGGLESTON-It's not heated or anything? 19 -- MR. LINCK-No. MRS. EGGLESTON-You just pour water in it with the hose? MR. LINCK-Yes, with a hose, Jike I washed my dog in because he had f1eas the other day. It's made out of hard p1astic. it's not meta1. So, on my porch I decided to put that. MRS. EGGLESTON-So. did you get turned in? Is that why you're here? MR. LINCK-No. Mr. Hatin happened to Jive nearby, and my wife baby-sat for his kids one time, and he saw it. So, at 1east that's what I'm t01d. MR. TURNER-How 10ng ago did you bui1d it? MR. LINCK-Recent1y. I started bui1ding it as soon as the 1ast ice patches in that corner disappeared. MR. TURNER-Okay. So. this spring. MR. LINCK-Late March, ear1y Apri1. MRS. EGGLESTON-It's just about right on the 1ine, isn't it? It's got to be right on the. MR. TURNER-Yes. It's two and a ha1f feet. MRS. EGGLESTON-Is it, two and a ha1f? MR. LINCK-Two and a ha1f to three feet. MR. TURNER-That's what you've got here on both sides, rear and side. MR. LINCK-I ta1ked to two of my neighbors who v01unteered, they asked me if they shou1d show up tonight, and I thought the on1y peop1e that were to show up were the ones that hated you or something, and I said, no, I don't think you have to, un1ess you rea11y don't want this here. and they had no objections. My other neighbor, Mr. See1ey, who is a physio therapist, he has seen it, and I have a fence in the back there. So, he peeked over and said it's nice 100king and had no comp1aints and wished me 1uck. So, un1ess I see him here, there's the 1etter, I assume that that meant good 1uck. MR. TURNER-How many swarms of bees have you got? You've got three hives there, haven't you? MR. LINCK-I've got three hives, but I've got two others in Queensbury. So, I go around with a truck. MRS. EGGLESTON-Wou1d this be construed as a business? MR. LINCK-No. I give the honey away, most of it. MRS. EGGLESTON-Since you said maybe you cou1d sneak it out, cou1d you move it a 1itt1e bit? I mean, you've got a pretty good sized backyard there. MR. LINCK-Yes. I thought of that. Part of the reason I put it exact1y where I put it, if you cou1d see my property. MRS. EGGLESTON-I did. MR. TURNER-We were there. MR. LINCK-I have a fence. and I put it where I thought it wou1d be the 1east obtrusive, the 1east of an eyesore. MRS. EGGLESTON-Probab1y the most obtrusive is the area in the back, 1ike, I drove around the street in back of you. and it sits pretty high above the fence. That's the one. I don't know if anybody's here from there to object. MR. TURNER-What's the height of the shed, the inside height? MR. LINCK-The exact height is probab1y somewhere between 12 and 15 feet. I don't have that in my hand right now. and if I were to do it again, I p1an on using even more space for storage. MR. TURNER-Yes. That's what I was just going to ask you. Is it doub1e 1ayered, or have you got another f100r above your eight foot e1evation in there, or is it a11 open? MR. LINCK-No. It's open. Once they said stop, I stopped. 20 - MR. TURNER-Fifteen feet high. MRS. EGGLESTON-Yes, it's high. Ted, from in back. There was one house, it might have a, kind of b10ck their view a 1itt1e bit, from over that way. You cou1d just see the back of the bui1ding. MR. SICARD-Mr. Linck. this wooden shed that you're putting in there, is that going to be in the exact footprint of the existing one, in other words, where the existing one says, the eight by eighteen one, you're going to put the wooden one right in that same spot? Is that what you're? MR. TURNER-It's there, Char1ie. It's a11 bui1t. MR. LINCK-Yes. I partia11y bui1t it. It's not finished. It's a1ready there. My foundation is beams. eight by six beams. So, it is there. and it occupies rough1y the same genera1 area in that back corner as my previous meta1 shed. However, it is 1arger. That's why I'm here. MRS. EGGLESTON-What more are you going to do to it? You say it's not finished. MR. LINCK-I don't know, exact1y, other than to fix it up so I can store things everywhere. MR. CARR-Interior? MRS. EGGLESTON-Yes. It won't increase the size, or? MR. LINCK-No. I don't have the money to increase it anymore. MRS. EGGLESTON-Yes, and when you say you're two feet from the iine, is that inc1uding the overhang from the roof? Because it 100ks rea11y c1ose. MR. LINCK-That's the, no, I think that the 2.5 footage is from the base itse1f. MR. TURNER-It doesn't inc1ude the overhang? MR. LINCK-No. WeB, I can't give you an exact measurement on that. I p1anned it so that if there is any snow or anything, it s1ides off. It's not going in my neighbor's yard. So, I just kind of eye-baBed it. MR. CARVIN-Okay, cement f1oor, or dirt? MR. LINCK-It's going to be dirt and wood. MR. CARVIN-Dirt and wood. Okay. What are you using for a footer, just a piece of wood? MR. LINCK-For a footer? MRS. EGGLESTON-It's on beams, he said. MR. TURNER-Pressure treated 1umber? MR. LINCK-It's on pressure treated beams. MR. TURNER-Four by sixes you said? MR. LINCK-Right. MRS. EGGLESTON-Wi11 it be insu1ated, wired? MR. LINCK-There'11 be no wiring. no p1umbing, no insu1ation. MR. CARVIN-I've got to ask. what's the porch? Why a porch? MR. LINCK-Why a porch? We11, I sit there in my tub. It's a 1itt1e bit of protection. If I ever wanted to say change that, take the tub out, I don't have any patio. I'm thinking about deve10ping the rest of the, that one corner of my property, and someday putting in a firep1ace with patio, that sort of thing. It's the 1ast part of my property that I haven't reaHy done anything with. So, it seemed 1ike a nice thing to do. MR. SICARD-That's going to have a roof on it, is it? MR. LINCK-It does, a sma11 roof, not screened or enc1osed. MRS. EGGLESTON-Are your chi1dren sma11 or 1arge? 21 -' MR. LINCK-I have three sons, and they're iarge, they're sixth grade through tenth grade. MRS. EGGLESTON-I mean, you're not going to have a band out there, with the teenagers? MR. LINCK-No. MRS. EGGLESTON-So, you don't think there's any way you couid move it a iittie bit away from the side iines? I mean, it's a movabie bUiiding, you're teHing me. Is there any way you couid compromise a iittie bit and get it away from the side iines a iittie bit? I know you don't want to. MR. LINCK-Right now I've got an oid stump of a tree, that if I did move it, it wouid be kind of a probiem. I've aiso got a tree that I got in Maryiand. It's a very fragiie type of tree. It was there iong before I thought of this shed, and I'd have to ieave that. They're the most immediate threats to the thought of moving that at aii. MR. TURNER-Whereabouts do they iie, in reiation to the shed? Can you show me on this iittie sketch? MR. LINCK-Sure. The stump is right there. It's an oid pine tree that I chopped down. It sticks up about six inches, and the Tuiip Popiar tree from Maryiand is right about there. It's a smaH tree. but it's from Maryiand. It's fragiie. The frost just kiHed it, aimost, and I just hate the thought of having to dig it up. MRS. EGGLESTON-How do you find your house with those numbers? They aH go in different directions. Ted, that's not a deveiopment, is it? MR. TURNER-Yes. I think it's part of an oid deveiopment. MR. LINCK-My area? MR. CARR-Yes, your house. MR. LINCK-I know it's one of the first ones buiit. West Mountain was a dirt road when we iived there. They just caiied the iand, the Pines. MR. TURNER-Yes, but who was the deveioper? Who deveioped it? MR. LINCK-I was toid that the buiider of my house was a Canadian firm, iong since gone. MR. CARR-We're iooking at restrictive covenants. MRS. EGGLESTON-Yes. There's nothing there that wouid have restrictive covenants, though. MR. CARR-That's for his neighbors to enforce, if there is a probiem. MRS. EGGLESTON-Yes. MR. TURNER-There's no restrictive covenants in the deed or anything, in your deed, for anything iike that, height, iocation? MR. LINCK-Not that we know of. MR. CARVIN-Is there anybody eise in this area that's got a shed this iarge, or is this the first? MRS. EGGLESTON-No. We iooked. I don't think we saw any. MR. TURNER-We had one here a whiie ago. It was a coupie of years ago, maybe, Victorias Grant, and they made him take it down, move it or take it down. MRS. EGGLESTON-Yes. It was buiit so it biocked the neighbors view. MR. CARR-I remember the very first meeting in November of 1989. The guy came in because he had put a concrete pad down aiready, and the same situation. He was toid, at work, that he didn't need a buiiding permit. He put a concrete pad and buiit it, and we gave it to him. MR. SICARD-We had a better one than that, in, back of Brennan's, up on that road behind Brennan's Roiierskating Rink. There was a house that was pretty near 30 feet in the road. MR. TURNER-Yes, we made them move that. MR. SICARD-They moved it back. They just buiit, and it was on a ceiiar. They bui1t the ceiiar behind it, and they moved it back. It wasn't that big a job, and then they took the ceiiar down in the front where it was sitting on, and that road went through there. It's part of the road that goes up to Twicwood. 22 ~" MR. TURNER-Yes. The on1y question I wou1d have is, what your reason for putting it there? You've got the other side yard over here where the dog house is and the beehive. You cou1d move aB them and put it over there. You cou1d have put it over there. What's your rationa1e for that? MR. LINCK-We11, I just had a new drywe11 put in in that area. MR. TURNER-Yes, but I mean, the shed won't over the drywe11. MR. LINCK-But I've got gardens in that back corner. MR. SICARD-Mr. Linck, did I hear you say that someday you're going to, soon, probab1y take that stump out, and that wou1d 1et you move this, both structures probab1y, if that's sitting on pressure treated 1umber. You cou1d s1ide it right over, maybe, 10 feet or so. MR. TURNER-It's 1ike on skids. He says he's going to take it out of there. MR. SICARD-We're 100king for a 1itt1e better setback, and the remova1 of a stump is not that difficu1t today, with stump grinders. You're fami1iar with that? MR. LINCK-Yes. MR. SICARD-What we'd iike to see is if you cou1d get the stump out, both of those wou1d move pretty easy. Have you got a tractor? MR. LINCK-No. MR. SICARD-Your neighbor does, but we wou1d iike to see you, in the near future probab1y, get that stump out of there. See if we cou1d get a 1itt1e more setback, eight, ten feet away from that side setback. Your bui1ding right c10se to the property 1ine, there, and whi1e your neighbor didn't object, I mean, you're probab1y good friends, we wou1d 1ike to see it back a 1itt1e, 10, 15 feet. MR. LINCK-Part of the reason I put it there was just so I cou1d use the rest of the space that I've got there in a better way. MR. SICARD-There's no objection to your p1anting a garden behind it, after you move it. MR. LINCK-No. I wou1dn't have enough room for that. It's so shaded. That's the area of aB three neighbors, where everybody kept their pine trees. So, I can't put a garden in there. MR. SICARD-Nobody was concerned that you bui1t that c10se to the 1ine? MR. LINCK-No. WeB, you've seen it. If you saw it, you saw that I was ab1e to have enough room so I can hide canoes and kayaks. That's what I've got in there now, and then hide them a 1itt1e bit better, and I certain1y can't get any more garden use out of that corner. MR. SICARD-WeB, 10 feet isn't that great. If you cou1d give us 10 feet additiona1. there, in that corner. MR. LINCK-We11, I'm at your mercy. I hate to have to move it. MR. SICARD-It's better than taking it down. MR. CARR-But I'm wondering a1so, I mean, if we make him move it, okay, which is going to be a hass1e, and a1though it was actuaHy his perH that he buHt it, unfortunate1y, we're going to be moving this shed further up, 10 feet from the rear iine, and maybe a coup1e feet in, but won't it become more obtrusive to the neighborhood then, because of its size and height? I mean, if you bring it up c1oser, it might become more noticeab1e. MR. SICARD-More visib1e. MR. CARR-Right. So, I'm wondering if, I mean, we have the opportunity to see what it's going to 100k 1ike, unfortunate1y, because it's there, but perhaps where it's 1ocated, assuming there's no neighborhood opposition. They have aB been notified of it. I'm sure they've aH seen it. Once they got the 1etters, they probab1y went over to take a 100k at it. Is it a prob1em in the 10cation and the shape and size it is, right now, and might it be more of an obstruction to the neighborhood if it's moved further up so everybody can see it? MR. SICARD-What you're saying is, it's the 1esser of two evi1s. MR. CARR-At this point, maybe. 23 - MRS. PALING-I think it's the height, rather than the 10cation. It's very ta11 and very, when you drive by, you can see it when you go by the back street. You 100k right out on it. MR. CARR-But moving it away from the side 1ine is not going to change the height. MRS. PALING-No. MRS. EGGLESTON-My concern, maybe, is the snow that's going to come off the eaves. That's aWfu11y c10se to the other peop1e's 1ines, and whatnot. Even if you cou1d get five feet, instead of that two and a ha1f. Even that wou1d be something. MR. TURNER-Is that your fence in the rear? MR. LINCK-Yes. MR. TURNER-That isn't Mr. See1ey's? MR. LINCK-That is my fence. MR. TURNER-Okay. MR. SICARD-You're right on a property 1ine, are you, in the back, in the rear? MR. TURNER-Two and a ha1f feet. MR. LINCK-The fence is on the property 1ine. give or take a coup1e of inches my way. MRS. EGGLESTON-And whose fence on the side? MR. LINCK-My fence. MR. CARR-If the snow comes off, it's going to ruin his fence. I think. MR. LINCK-If there's enough of it, it cou1d on1y hit.!!1t fence. MRS. EGGLESTON-Yes. MR. CARVIN-What kind of doors do you have? Do you have garage doors on this. or do they open out? MR. LINCK-I have no doors yet. MR. CARVIN-No doors yet? What kind of doors are you anticipating? MR. LINCK-I'm anticipating, weB, I a1ready have an entrance-way where the porch is and I was going to throw a regu1ar door on it, but the beam entrance-way over by that stump, which is the 1argest, right now, part of the inside for storage is going to be 1ike this. MR. TURNER-Doub1e doors? MR. LINCK-Yes. MR. TURNER-So. you've got eight feet, an eight foot opening, two fours? MR. LINCK-I don't think it's going to be that 1arge. I'm going to make the doors out of the siding that I have right now. extra siding. It's not going to be a s1iding. It's going to be an open out. MR. CARVIN-And you're going to be using a riding mower, a rototi11er? MR. LINCK-I've got mowers, rototi11ers. MR. CARVIN-How many mowers? I'm trying to get a fee1 for, why 18 feet. MR. LINCK-They're push mowers. I've got two push mowers. I've got a rototiHer. I wish to purchase a 1arger rototi11er, a Toro. and I don't know what e1se to say. I've got a cider press. I make cider, and everything is a11 over the p1ace in my garage, and I can bare1y get my truck and my van. MR. CARVIN-Okay. We11. how 10ng is the cider press? MR. LINCK-A cider press is a ta11 object. It's occupies this much space. MR. CARVIN-Okay. 24 "--- --- MR. LINCK-The appies. when I get them, occupy even more, and I'H store them in the house. Again. the ma in reason is that I've run out of room. With the things that I do and the sons that I have and the bikes that we own and the gardening that I do. MR. TURNER-You've got a mini farm. MR. LlNCK-I am a gentieman farmer stuck in an acre, and that's why I'm moving, as soon as I can. to the country. MR. CARVIN-I guess that ieads me to my question. If we move, we've got a shed that's 15 feet high. MR. TURNER-No. He's going to take it. MR. LINCK-The pian is to get a fiat bed truck, if I can get a truck in there to put my dryweii in there a few weeks ago, on the other side of the property, I can take this with me. and that's what I'm thinking now. I'm too young to retire. That's 15 years from now, approximateiy. MR. TURNER-let me open the pubiic hearing. PUBLIC HEARING OPENED NO COIIENT PUBLIC HEARING ClOSED MRS. EGGLESTON-What is the practicai difficuity? You'd have to put something in the motion. What is the reason? MR. TURNER-There's no practicai difficuity. MRS. EGGLESTON-I know. So. how do you? MR. SICARD-There's no other pi ace to put it. He's got to have a buiiding. MR. TURNER-Yes there is. There's pienty of pi aces to put it. That's the probiem I have with it. MR. SICARD-There's no other piace to put the equipment. MR. TURNER-Weii, no. There's pienty of pi aces to put the shed. MR. SICARD-Yes. that's true. MR. TURNER-That's the probiem I have with it. He says he's got it on skids. he can move it. MR. SICARD-He can move it one way, but he can't move it untii he gets that stump out of there. MR. TURNER-No. but he can come this way. or he couid go over here and put it over here. MR. SICARD-I understand that he wants to use as much space, farming, as he does. MR. TURNER-Yes. I know, but you've got a iot that's 135 feet wide and 112 and a haif feet, and you're trying to cram every use there is into it, and I think that's a iittie out of perspective. MR. CARR-What happens if he cuts the pi ace down by 46 square feet? MR. TURNER-He's 190 square feet over the sides. without a permit. He can buiid a 100 square foot shed without a permit, and it has to be five feet from the rear iine. MR. CARR-Okay. MR. SICARD-That's 56 feet, and you couid get that without the permit. MR. CARVIN-See, I'd iike to back it up even further. because this shed is aiready buiit. Is there practicai difficuity for a shed of this size on this property? I mean, it's a singie famiiy residence. MR. TURNER-The practicai difficuity is seif imposed because he's got aH these hobbies that he wants to accommodate himseif on a iittie piece of iand. MR. CARVIN-Yes, but is it a residentiai area or is it a farm? MR. TURNER-No. It's a residentiai area. 25 ~ -- MR. LINCK-I'm not a farmer. MR. CARVIN-I guess that's what I'm saying. MR. TURNER-No. but you're a hobbiest. MR. LINCK-I have a smaH garden. It's not a profit making thing, and neither is beekeeping. It just so happens that those things do require a minimum amount of equipment. MR. TURNER-I know. We had bees. So, I know what they're all about. MR. LINCK-Okay. MR. CARR-Are you saying, if he moves it five feet off the back line, would you be happier? MR. SICARD-Both ways. He's got the side setback, also. MR. TURNER-He's got to be 20 from the rear 1ine, and he's got to have a sum of 10 or a minimum of 30. MR. CARR-The minimum of 30's not a problem. MR. TURNER-No. Ten feet minimum, and a sum of thirty, on the side. MR. CARR-Would you be willing to move it to the five feet mark, even if it means taking out that stump? MR. LINCK-I'd rather do that than have to cut it up into pieces. I would be more than wiHing to do that. MR. CARR-Because then we're aHowing, if 100 square feet only has to be 5 foot from the side 1ine, then we're allowing. MR. TURNER-The rest of them have to meet the setbacks. Anything over 100 has to meet the setbacks. MR. CARR-Right, but I'm just saying. it's an extra 64. It's not a garage back there. MR. TURNER-I know. MR. CARR-It's 64 square feet, or 44 square feet. So. it's 44 square feet we're allowing in the violation zone, if you will. MR. TURNER-Two hundred and ninety square feet with the porch. MR. CARR-With the porch? Okay. MR. TURNER-That's the total size of the buHding. He's 190 square feet over size. Seven by eight's 56 square feet. MR. CARR-And to 144 is 200. MR. TURNER-That's what I said, 290. Fifty six for the porch, one hundred forty four for the shed, eight by eighteen. MR. CARR-Right. That's 200. MR. TURNER-Six, ten, ten, two hundred. I'm sorry. I added it up wrong. So, he's 100 square feet over. MRS. EGGLESTON-So, that's maximum relief he's asking for. MR. TURNER-Yes. MR. CARR-I don't see it as that. MRS. EGGLESTON-Well. lets face it. ten would be minimum, 110, 120 would be minimum. MR. SICARD-It would be close to the building, won't it? As you say. 50 feet from the line? MR. TURNER-Ten feet. From the side he has to have a 10 foot minimum, and from the rear is 20 feet. That's the setback on the rear. MR. SICARD-That's the south side. Ten and ten. is that what you're saying? 26 MR. TURNER-No, ten and twenty. MR. SICARD-Ten and twenty? MR. TURNER-Yes. MR. CARR-You want him to come into conformance? See, I don't agree. MR. TURNER-No. I'm not saying that, necessarHy. but I don't think you shou1d be two and a ha1f feet from the 1ine. MRS. EGGLESTON-No. I think that's too c1ose. but he's wi11ing to compromise. MR. TURNER-I understand that. MR. CARR-I think five and five is fair. MR. TURNER-That'H give him seven and a ha1f feet from the south side. and that'H give him the same thing from the west side. MR. CARR-You've got a wa1kway around the buHding. There's no snow that's going to get on anybody's yard. You've got no neighbors here who care. MR. CARVIN-The on1y thing, it shou1d be from the roof 1ine, because he's got the two and a ha1f feet from the base. MR. CARR-Right, two and a ha1f feet from the roof 1ine. MR. CARVIN-Depending on this overhang you have. That may move it in a 1itt1e bit. MRS. EGGLESTON-I cou1d 1ive with the five foot. MR. TURNER-Yes, I guess it's a11 right. If there was some major opposition, I might. MRS. EGGLESTON-Yes. MR. TURNER-Mr. Hirsch 1ives to the west of you, Mr. Sir1y to the south, the road's to the front. Hoffman to the east. MR. CARR-Pius, it's not 1ike this is going to be a permanent structure, because I reaHy be1ieve Mr. Linck when he says he's going to take it with him. MR. CARVIN-I disagree with that. I think it's a permanent structure. I think it'11 stay there. MR. TURNER-Yes, that's going to be pretty difficu1t to move. You're going to have to winch it. MR. LINCK-I disagree with you. I have a friend who has a1ready vo1unteered, who is in the construction business, in Newburg, New York, and he has the construction trucks and has 100ked at it. and he said that I can take that with me, bring to my property. That's why I put the grave1 down and I put it on those beams, for the purpose of, if I'm going to buHd something nice 1ike that. I'm going to take it with me. So, I do have a pian. MRS. EGGLESTON-Yes. I must admit. I think it wiH be tastefu1. because your home, the front was very nice. I can't be1ieve it wou1d rea11y 100k bad. MR. CARR-Cou1d you 1ive with five and five from the roof 1ines, both sides. rear and side? MR. LINCK-Yes. The 20 foot variance and the 10 foot variance on the Hirsch's side. So. you want five on each? MR. CARR-Five. MR. lINCK-Correct. MRS. EGGLESTON-Are we in agreement though, from the base, or from the eaves? MR. CARR-From the eaves. MRS. EGGLESTON-From the eaves. MR. LINCK-From the eaves, approximate1y two and a ha1f feet. 27 MR. CARR-Probab1y three, with the eaves. MRS. EGGLESTON-Yes. MR. LINCK-Yes. MR. TURNER-Okay. MR. SICARD-The east side is the Hirsch side, isn't it? MR. TURNER-The west side. MR. SICARD-The west side. Okay. So, you want to move it two and a ha1f feet. MR. TURNER-Two and a ha1f feet from the 1ine, so it'11 make it five, and five from the rear 1ine. MR. SICARD-And that wou1d make seven and a ha1f? MR. TURNER-No. It'd make it a1together. MR. CARR-Five and five. MR. CARR-Five and five. Okay. MR. TURNER-Okay. Motion's in order. tlITION TO APPROVE AREA VARIANCE NO. 49-1992 ALAN E. LINCK, Introduced by Bruce Carr who moved for its adoption, seconded by Marie Pa1ing: As modified at this meeting. The variance wou1d grant the app1icant re1ief of 15 feet from the rear yard setback, and 5 feet from the west side Hne setback requirements, as measured from the eaves. This wou1d p1ace the structure a minimum distance of five feet from each of these setback Hnes. The app1icant innocent1y constructed this bui1ding prior to obtaining the proper permits. He has demonstrated that because of the hobbies he maintains on the property, that this bui1ding is necessary. The construction of this buHding prior to permit and the 10cation of other uses on the property make this 10cation of the bui1ding the on1y 10gica1 choice. There is no pub1ic opposition to this variance and it wiH not be detrimenta1 to the purposes of the Ordinance. This variance win not adverse1y effect any pub1ic services or uti1ities. Du1y adopted this 27th day of May, 1992, by the f0110wing vote: AYES: Mr. Carvin, Mr. Carr, Mrs. Egg1eston, Mrs. Pa1ing, Mr. Sicard NOES: Mr. Turner MR. LINCK-Thank you. May I ask a question? How 10ng do I have to move it? MR. TURNER-Do you have a permit? MR. LINCK-No. MR. TURNER-You've got to get a permit. MR. LINCK-The permit has to come after this meeting. MR. TURNER-Yes. MRS. EGGLESTON-How 10ng do they give him, Pat, to move it? MRS. CRAYFORD-We11, I can't give him a permit unti1 he 10cates it in the right 10cation. MRS. EGGLESTON-Okay. So, you're i11ega1 unti1 you move it. MR. LINCK-So, I start digging. MR. TURNER-Yes. MR. LINCK-And then I move it and I come back to see you. MRS. CRAYFORD-And get the bui1ding permit. MR. LINCK-And get the bui1ding permit. 28 MRS. EGGLESTON-And if you're going to buiìd anything more, you'ìì caii first and get aii the necessary dimensions and? MR. TURNER-They changed the Ordinance in '88. MR. LINCK- In '88. Okay. MR. TURNER-Yes. and that's what put this into gear. Thank you. (9:51 p.m.) AREA VARIANCE NO. 52-1992 TYPE II SFR-lA DR. JAŒS R. GLENDENING BONIIIE L. GLENDENING OWNER: SAŒ AS ABOVE 374 RIDGE ROM FOR M ADDITIOrt TO EXISTING RESIDENCE THAT lULL BE LESS THAN THE RE~IRED 75 FT. SETBACK FROM THE EDGE OF THE ROAD RIGHT-OF-WAY. (WARREN COONTY PLANNING) TAX MAP NO. 58-4-8 LOT SIZE: 1.15 ACRES SECTION 179-28 BONNIE GLENDENING. REPRESENTING APPLICANT, PRESENT (9:51 p.m.) MR. TURNER-Does anybody have any questions? Did everybody get up to iook at it? MR. CARR-I didn't get out to see it. MR. TURNER-What it consists of is a house that's been there for many, many years and, obviousìy, can't meet the setback. MR. CARR-The porch is further away than the house is? MR. TURNER-Right. Exactiy. The new addition is a famiìy room, that's 35 by 35 ft. 4 inches, is that correct? MRS. GLENDENING-Fourteen and a haif, I beiieve it is. MR. TURNER-Yes. and then you've got your porch off of that. MRS. GLENDENING-The porch actuaiiy indents into that area. MR. TURNER-Then the roof iine wiii be aii the same. MRS. GLENDENING-The roof iine is straight. and then it sort of comes iike this. MR. TURNER-Yes, right. Okay. MRS. EGGLESTON-She onìy needs eight feet, right. from the? MR. TURNER-Yes. This used to be the oid Hicks farm, years ago, then Tom Rogers bought it. Okay. No further questions? I'H open the pubiic hearing. PUBLIC HEARING OPENED NO COtIENT PUBLIC HEARING CLOSED CORRESPONDENCE MRS. EGGLESTON-Okay. This is from Dorothy and Edmund Ciark, 376 Ridge Road, "We favor granting a variance to Dr. James R. and Bonnie Gìendening for an addition to their residence. The pianned addition to 374 Ridge Road wiH enhance the north side of their property." And we have one other. This is from Karen and Rich Cunningham, Hair Designs. "Richard Cunningham and myseif, Karen Cunningham, of 371 Ridge Road. Giens Faiis are very much in favor of James and Bonnie,Giendening's addition to existing residence. We are unabie to attend the meeting on Wednesday evening and want our ietter to be in support of their variance. Thank you. II MR. TURNER-Okay. Any further discussion on the appiication? None? Okay. MRS. GLENDENING-I thought this had gone to the Pianning Board a week ago? MRS. CRAYFORD-This has to go to Warren County Pianning Board. not Queensbury Pianning Board. MR. TURNER-This came after their meeting. MRS. GLENDENING-You mean this is going to hoid up construction again? MRS. CRAYFORD-If we have a unanimous vote it won't hoid up construction. 29 MR. TURNER-No. It would just be conditioned on their approval, that's all. MR. CARR-But even if we have a unanimous. and they disapprove, we override it. MR. TURNER-We override it. Okay. A motion's in order. JlJTION TO APPROVE AREA VARIAllCE NO. 52-1992 DR. JAMES R. GLENDENING BONNIE GLEIlDENIJIG, Introduced by Joyce Eggleston who moved for its adoption, seconded by Theodore Turner: And grant reiief from Section 179-28, in a specific amount of eight foot reiief from Ridge Road. This request is for minimum reiief and wiH not encroach any further on the front iine setback than the already existing buHding. I don't beiieve the granting of this variance would be detrimental to the neighborhood, and there would be no adverse effect on facilities. There is no neighborhood opposition. DUlY adopted this 27th day of May, 1992. by the fOllowing vote: AYES: Mrs. Paling. Mr. Sicard, Mr. Carvin. Mr. Carr, Mrs. Eggleston. Mr. Turner NOES: NONE (9:59 p.m.) MR. TURNER-Okay. Lets go back and pick up on Area Variance No. 28-1992, Brian L. and Vicki L. Warner. Bruce. I think you made the motion. Lets take Barrett, first. I think you made that one, too. MR. CARR-No, that was Joyce's. I did Warner. tlJTIOrt TO DENY AREA VARIAIICE NO. 28-1992 BRIM L. I VICKI L. WARNER, Introduced by Bruce Carr who moved for its adoption, seconded by Charles Sicard: Reasoning being that the Use Variance was denied. and therefore the variance is moot, and not applicable. DUlY adopted this 27th day of May, 1992, by the fOllowing vote: AYES: Mr. Carvin. Mr. Carr. Mrs. Eggleston, Mrs. Paling. Mr. Sicard, Mr. Turner NOES: NONE tlJTION TO DENY AREA VARIAllCE NO. 51-1992 RAYIIJfID ArtD MNCY BARRETT, Introduced by Joyce Eggleston who moved for its adoption, seconded by Charles Sicard: Reason being that the Use Variance was denied and therefore the Area Variance is moot and not applicable. DUlY adopted this 27th day of May, 1992. by the fOllowing vote: AYES: Mrs. Eggleston, Mrs. Paling, Mr. Sicard. Mr. Carvin. Mr. Carr, Mr. Turner NOES: NONE MRS. CRAYFORD-Ted. I have some items to discuss. My mind has been on three interpretations that have been requested by the Planning Board for this Board. I've been reading them tonight. trying to sort through. We reaHy should have a separate night for this. I wiH send memos to aH of you, copies of this. MRS. EGGLESTON-Okay. MRS. CRAYFORD-I have made stars beside the paragraphs that I feel you might want to read, and we have a meeting June 3rd. MR. TURNER-Are you going to give us your dissertation on why you think? MRS. CRAYFORD-Yes, of course. Not tonight. but I will with this. in memo form. Yes. MRS. EGGLESTON-Can we do it the 3rd, Ted? Would we have time, or can't we get it by the 3rd? MR. CARR-We're going to be here a long time with that one. MRS. CRAYFORD-For the 3rd, we can't advertise it by the 3rd. So. we'H be seeing each other every Wednesday in June, I think, if you can meet on the 10th to do these. MR. TURNER-What's the agenda for this coming month? MRS. CRAYFORD-It looks pretty rough again. I've got applications piled up this high. 30 MRS. EGGLESTON-So, we've got the 3rd, and we'd probabiy do that the 10th. and then we'ii have the 17th and the 24th. MR. CARR-I've got a question. Did that iady ever move her pooi? MRS. EGGLESTON-No, and she's not going to. MR. TURNER-Who? MRS. CRAYFORD-Mrs. Daiaba? MRS. EGGLESTON-Mrs. Daiaba. MRS. CRAYFORD-I was instructed by the Town Supervisor not to enforce that. MRS. EGGLESTON-He said it was nonsense. MRS. CRAYFORD-I am very serious. He toid me. MRS. EGGLESTON-You're right. He did. He said it was a bunch of nonsense. MRS. CRAYFORD-He said they denied that variance to punish her, and that was not a reason to deny that. MR. TURNER-Weii, he didn't come to the hearing, so how wouid he know we punished her? MRS. CRAYFORD-He read the minutes. MR. CARR-That's not the same. Can we instruct Paui Dusek to bring an Articie 78 against the Town Supervisor for interference with officiai capacity? MRS. EGGLESTON-Yes. MRS. CRAYFORD-I don't know. MR. CARR-I'm serious. MRS. EGGLESTON-I'm serious, too. This is the second time he's done that. You tried to do your jOb on George Ryan, and we asked you to do that. We as a Board asked you to do that, and they toid you in no uncertain terms, but out and ieave it aione, and now here they're going to teB you. after we said she's got to move her pooi, he's saying, don't you dare enforce it. MRS. CRAYFORD-See, I sent her a notice to remedy, which the next step is court. and she brought that in to him, and he caBed me up in the office. I expiained the situation. He said. I want to read the minutes. He read the minutes and he said, you wiii not enforce that. MRS. EGGLESTON-Who do we taik to about doing this? MR. TURNER-A iawyer. He's our councH as weB. uniess he wants to take the position he doesn't want to represent us. MRS. EGGLESTON-He's going to have a confiict of interest. MRS. CRAYFORD-If he doesn't want to, then we'ii ask another attorney, outside attorney. MRS. EGGLESTON-I'm very serious, here. I want to know if we can do something. This is just going to continue. There is no reason on earth for us to sit here. We went through how many weeks with that woman, and, I mean. if we're going to do this, and he's just going to say. the heH with them, and you don't enforce it, then we might as weii not be here, and we might as weii turn in our resignation and say, forget it, you don't need a Zoning Board. MR. CARR-But the case is, the woman was toid that she needed a variance. MRS. EGGLESTON-Yes, she caiied up and asked before she put it there, and they said. don't do it. MR. CARR-They toid her not to do it. You need a variance. She said, by the time I get the variance. summer's going to be over. Forget it. She put up the pooi and then came in for a variance. and it was denied. MRS. CRAYFORD-I visited her at her yard, and toid her on a Saturday, that she couidn't do it. I can generate a memo to Paui and see what we get out of it. MR. TURNER-Weii, I think we deserve an answer. 31 -- MRS. CRAYFORD-Weii. if I write a memo he has to answer it. MRS. EGGLESTON-Shouid we write a ietter? MRS. CRAYFORD-Weii, I'ii generate it from you peopie, not me. MRS. EGGLESTON-Okay. MR. CARR-Couid we invite Mr. Brandt to be here for our June 10th meeting. so I couid be here? MRS. CRAYFORD-I asked him to come in to a meeting shortiy after he toid me not to enforce this. I said. wouid you piease come in and taik to the Board about this. MR. CARR-Teii him you want it in writing. MRS. CRAYFORD-Actuaiiy, I don't think he wouid mind at aii. MR. CARR-Fine. teii him put it in writing. MR. TURNER-The Town Board has no right to interfere with the Zoning Board of Appeais. MRS. EGGLESTON-In your enforcement job. MR. TURNER-In our enforcement job. MRS. EGGLESTON-I know it's your empioyer, Pat, but. I'm very serious. I think we have to nip this in the bud. or we're here for nothing. I don't mind teiiing him. MRS. CRAYFORD-This wiii be in the minutes, and he wiii read it aiso. MR. SICARD-That's a start. MR. TURNER-Weii, this is not nonsense, because the iady caiied and asked, and then she went ahead and did it. MRS. CRAYFORD-But he's of the viewpoint that there is a practicai difficuHy in that she didn't have any other piace to put it. MRS. EGGLESTON-He doesn't know that. He didn't come to this meeting. MRS. CRAYFORD-He iooked at the site pian. MR. CARR-We're not arguing with you. MRS. CRAYFORD-I'm just teBing you what he said. MR. CARR-And we're setting this up for the minutes because he's not on the Zoning Board, and he's not deiegated with that authority. MRS. EGGLESTON-Exactiy. MRS. CRAYFORD-I wiii generate a memo from the Zoning Board. MRS. EGGLESTON-And if he's going to be the Zoning Board ruies and reguiations, then he might as weB do the whoie jOb, because I'm not going to waste my time doing it. MR. TURNER-That's the jurisdiction of the Zoning Board of Appeais, not the Town Board or any officiai of the Town Board. I just disagree with him. MRS. CRAYFORD-So. have we agreed to meet on the 10th? MR. TURNER-Can everybody make it the 10th? MR. CARR-Fine. MRS. EGGLESTON-Yes. MR. SICARD-I'ii be there. MR. TURNER-Everybody knows that Mike resigned his position on the Zoning Board of Appeais. just today. MRS. PALING-Wouid someone be appointed to fiii his space? MR. TURNER-Yes. when the Town Board gets around to it. 32 ---..,/ -- On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Theodore Turner, Chairman 33