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1992-12-17 ~~ OR QUEENS URY ZONING BOARD OF APPEALS ECOND REGULAR MEETING DECEMBER 17TH. 1992 INDEX Area Variance No. 121 1992 Harry Ruecker Area Variance No. 131 1992 Michael A. Kaidas Sign Variance No. 132-1992 Hichael A. Kaidas Area Variance No. 133-1992 Steve Bederian Use Variance No. 134-1992 Richard Hermance Area Variance No. 135-1992 Richard Hermance Area Variance No. 136-1992 TPI Staff Leasing " .".. ,1NAl -- 1. 1. 9. 11. 16. 18. 19. THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. EVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. -" QUEENSBURY ZONING BOA D OF APPEALS SECOND REGULAR MEETIN DECEMBER 17TH. 1992 7:38 P.M. MEMBERS PRESENT THEODORE TURNER. CHAIRMAN JOYCE EGGLESTON. SECRETARY THOMAS PHILO CHARLES SICARD CHRIS THOMAS MARIE PALING FRED CARVIN EXECUTIVE DIRECTOR-JAM S MARTIN PLANNER-ARLYNE RUTHSCH LD STENOGRAPHER-MARIA GAG IARDI MR. MARTIN-The only thing I would ask. Mr. Chairman. is that you might want to consid r reading in the Correspondence into the record that we've gott n on that one application. MRS. EGGLESTON-On er? MR. MARTIN-Yes. dated ecember 11th. from a Merle Fogg. MRS. EGGLESTON-Okay. ait a minute. Okay. This is in the matter of Area Variance No. 121-1992. Harry Ruecker. a letter to Mr. James Martin. "Please record my opposition to the application of Harry Ruecker. for constru tion of a single family dwelling on a preexisting. nonconfor ing lot." Why are we. wouldn't we do that? MR. TURNER-We'll do th t when we hear the application. 11 right. MR. MARTIN-Do you want to wait until you hear it? Okay. MRS. EGGLESTON-Normall we do. We do all the Correspondence. MR. MARTIN-Right. I j st wanted to make doubly sure that it wasn't missed. MRS. EGGLESTON-Okay. MR. TURNER-We're back 0 New Business. Area Variance No. 131. NEW BUSINESS: AREA VARIANCE NO. 131 1992 TYPE II HC-1A MICHAEL A. KAIDAS OWNER: MICHAEL & SU AN KAIDAS 43 QUAKER ROAD APPLICANT IS PROPOSING IRTRODUCTION OF MEDICAL OFFICES OR A 1.84 ACRE LOT. TWO PRIRCIPAL BUILDINGS E 1ST ON THE LOT. REQUIREMENT IS FOR ONE PRINCIPAL BUILDING UP TO 12.000 SQ. FT. APPLICANT IS SEEKING RELIEF FOR MEDICAL OF ICES AS A THIRD PRINCIPAL BUILDING ON THE SITE. (WARREN COUNTY LANNING) TAX MAP NO. 105-1-1.3 LOT SIZE: 1.84 ACRES SECTION 17 -23A (3 PRINCIPAL BLDGS.) MICHAEL KAIDAS. PRESEN (7:38 p.m.) MRS. EGGLESTON-And th Warren County Planning Board approved. without comment. I i STAFF INPUT I Notes from Staff. Are~ Variance No. 131-1992. Michael A. Kaidas. Meeting Date: December 17th. 1992 "SUMMARY OF PROJECT: Existing site has two (2) princi al buildings (Kaidas Kitchens and Key Bank) and one (1) accessor building (warehouse). Proposed project i 1 I I I I I consists of replacing one building (Kaidas Kitchens). with a new business. (Albany M dical College). and relocating original business (Kaidas Kite en) into eight hundred square feet (800 sq. ft.) of the eXisting w rehouse. thereby creating a third principal bUilding on the parcel CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is seeking relief for third principal bUilding from Section 179-23A. whic states that one (1) principal building is allowed for up to twe ve thousand square feet (12.000 sq. ft.) of gross floor area for 0 e story buildings for each one acre of land area. REVIEW CRITERIA 1. Describe the practical difficulty that does not allow lace ent of a structure which meets the zonin requirements. The pr ctical difficulty rests with the fact that the site. with the three structures is preexisting and nonconforming and the eby restricts the possibility of complying with the area requirem nt of one (1) principal building per one (1) acre of land area. 2. Is the minimum variance necessary to alleviate the s ecifi ractical difficult or is there an other o tion available which would re uire no variance? It would appear that the minimum varia ce is necessary to alleviate the requirement of one (1) principal uilding per one (1) acre of land area. and would also appear that there is no other option which would require no variance. 3. Wo ld this variance be detrimental to other ro erties in the dis rict or nei hborhood or conflict with the ob ectives of an Ian or olic of the Town? It would appear that the variance would no be detrimental to other properties in the district or neighborho d and the replacement of a retail space with an office space might educe the traffic to the site. 4. What are the effects of the var ance on ublic facilities and services? It would appear that the variance would not have an effect on public facilities or service 5. Is this request the minimum relief necessar to alleviate the s ecified ractical difficult? As the requirement is for on (1) principal building for each one (1) acres of land area. it would appear that the request is the minimum relief necessary to alleviate the specified practical difficulty. STAFF COMMENTS AND CONCERNS: Although the applicant is seeking a third principal build ng status for the parcel in question. the combined square foota e of the three existing buildings is eight thousand nine hundred nd thirty-six (8.936 sq. ft.) square feet. which is less than the llowed twelve thousand (12.000) square feet for a one story buildi g in the Highway Commercial zone. Existing parking is adequate for the building to be used by Albany Medical Center. eighteen (18) paces including two handicap parking spaces and parking is adequate for the proposed retail/warehouse building. eight (8) spaces for he retail store and three spaces for the warehouse - with one andicap parking space located nearest the entrance to the retail store." MR. KAIDAS-I can answer any questions. I think that pretty much summarizes what my int ntions are. I have the opportunity to bring in the Lyons Eye Institute. which is part of Albany Medical Center. and as it's stated in ere. if I had one building. I would have an awful lot more. I woul be allowed a lot larger building than and I would have more park ng requirements. As it is. if I reduce the retail space. and chan e it to the office space. the requirements actually exceed the p rking requirements. Traffic would be very negligible. I don't t ink it would be any more. It would be less. if anything. Albany edical Center. what this is. just to bring you people up to date. is they service a lot of people up here. Doctors refer patient to them. and they do things that other doctors can't do. and hen they have to service these people. and rather than have them rive back and forth. they have an awful lot of patients from Warr n County, Washington County. and further north. This will give I:hem the opportunity to just stop in here to have their eyes checkep. I say checked, not checked in a normal manner. but after surg~ry and whatnot. They will be taken care of. My kitchen business, w~en I built the building. the economic times were really strong. N~w. the way it is. I'm down to half my staff. and what happens is wh~n we get trucks. if there aren't two people in our store. we have to leave the store unattended to take deliveries. and that ijecomes kind of a situation. I don't know 2 -- what else I could ans er. MR. PHILO-You're going to be right out of that building altogether, right, Mr. Kaidas? MR. TURNER-Yes. MR. KAIDAS-Yes. I'd h ve to be, anyway, because, I even talked to the Planning Staff ab ut doing partial, but the thing is it's a wood frame bUilding. So, it could not be a mixed use. MR. TURNER-Yes. I MR. KAIDAS-That would! have to be a cement building or a stone building. I MRS. EGGLESTON-Would this be the third variance on this, Ted? Just for the other members 10f the Board. MR. TURNER-Yes. MRS. EGGLESTON-They wren' t on here when we did this before. I think the last two bui dings were done by variance, were they not? MR. TURNER-Right. Th, warehouse was done the Ikitchen business we by våriance. MR. KAIDAS-I know bank business. got a variance, and the MRS. EGGLESTON-Yes. MR. SICARD-The warehouse did, too. MRS. EGGLESTON-Yes. MR. KAIDAS-I think, as live in the community, of taken away, by th something that's detri all of you can see when you go to see it, I I think I've added something to it instead way we did the buildings. So, it's not ental to the area. That's for sure. MR. PHILO-That is a very nice looking building. MR. CARVIN-I guess the.jonlY question I have is, when the good times return, which is hopef~lly soon, are you going to be expanding your kitchen? I MR. KAIDAS-I won't saf no, but I would very seriously doubt it, because I'm winding do n now, I really am. There'd be nowhere to expand anyway. MR. TURNER-Take it as It comes. You handle what you can handle. MR. CARVIN-I just was wondering if there were going to be any hazardous materials th t the medical folks would be bringing in? MR. KAIDAS-No. I mean, anything they do, they would take it out, I'm sure, but as far a I know, the only hazardous material would be their medicine for heir patients. MR. CARVIN-And I also oticed if this was on your property or not. It looks like that th re' s kind of a railroad ramp. Is that on your property? MR. KAIDAS-That's not ~ine. I MR. CARVIN-That's not ~ours. That's the Grossmans', I guess? I MR. PHILO-That's the DI & H right-of-way. I MR. KAIDAS-It's not D ~ H now. It's the new. 3 I MR. TURNER-Canadian P'CifiC. MRS. EGGLESTON-Yes. s~mething like that. I i MR. KAIDAS-I have tried to purchase that. through the years. they're on record. I even said I would donate it to the Town if they wanted to use i for a bicycle ramp. at one time. I have tried to purchase tha . and I have to fall in the pecking order. It's given to the Sta e first. then the Town. or the County. the Town. now they even ut it. the Feeder Canal Alliance. because they're a nonprofit. t ey get stuffed in there between myself and. so. I mean. it's kind of hard to get any more property around me. I MR. CARVIN-Ted. I hat~ to play the devil's advocate. here. but if you pave that. are we IgOing to have? MR. TURNER-permeabili1Y? MR. CARVIN-Yes. a per~eability problem? I MR. KAIDAS-It was alII talked about the last time. That was all laid out. the water d ainage. everything. MR. PHILO-Yes. I looked at that. that's good. MR. KAIDAS-I didn't br ng all the plans from the last one. but this is. it was all. MRS. EGGLESTON-TheY'r~ not changing anything. bringing in a new busilness. MR. CARVIN-Yes. but Wh~t I'm saying is. this is not paved now. but it looks like it's oing to be paved. so that all of this. basically. is gOing to be paved. Do you follow what I'm saying? MRS. EGGLESTON-Yes. I I MR. CARVIN-So. in othelr words. if. this is only your green area. If you take into consideration that this is all pavement here. MR. PHILO-Yes. but tha~ swale. right on that back side. MR. KAIDAS-It was taker into consideration. MR. PHILO-It goes all Ithe way out to the railroad tracks. MR. CARVIN-Well. that'ls what I'm asking. I don't know that. wasn't here the last time. I They're just I MR. KAIDAS-There's a p nd there. and there's also culverts that run from the. well. from Quaker Road. there's a culvert that runs under the parking lot all t e way to the back. and then there's a big drainage pond in the b ck. MRS. EGGLESTON-Actual I . is the only alteration to the property the paving? MR. KAIDAS-Yes. MRS. EGGLESTON-That's 't. just the paving? I MR. KAIDAS-Well. that ~nd siding the building. I MR. CARVIN-Are you gOiþg to side it all? I I I MR. KAIDAS-I don't thi,k I'll side it all. I believe I just did a real quick sketch ther~ by hand. What I'll probably do is put two split rail fences there to protect the people from the warehouse I side. So if a truck baþks in. and then I will side it to match the other two buildings. tþe north side. the east and west. and then 4 eventually I would prjbablY do the whole thing, but I doubt that I would do the whole t ing right away. I sort of drew a line on there where I would s op it. MR. TURNER-Yes. I MRS. EGGLESTON-Ted, w~uld this go for site plan review, so they would check that ~here' s enough parking for all these establishments? MR. TURNER-No. If he Ihad to have a parking variance, it would be right here. I MR. MARTIN-I know the original project did, back when he did his last expansion it wen , it was before us on the Planning Board. MRS. EGGLESTON-It wen to the Planning Board? MR. MARTIN-Yes. MRS. EGGLESTON-So WOU~d this go to the Planning Board? I MR. MARTIN-No, becauJe there's no alteration of the eXisting structures and the l exterior. It only involves interior alterations. ¡ ¡ ¡ MR. KAIDAS-This is part of, I didn't bring it all, but this is part of it. I I MRS. EGGLESTON-But do you check the parking, since there's going to be another business b~ought in? I ¡ I I I MRS. EGGLESTON-And is Ithere ample room to? I I I I ¡ MRS. RUTHSCHILD-Ample spaces. I MRS. EGGLESTON-Okay. ~hank you. I MR. PHILO-I checked o~ that, Teddy. He's got about seven, eight extra. ¡ I MR. MARTIN-If there w~s going to be any deviation from that or relie f required, i t wo~lld be in the variance. ¡ MRS. EGGLESTON-Okay. thank you. Jim, how about the permeability, since they're going to be paving? Do you check? I MR. MARTIN-Right. Yesl, that was all looked into. ¡ MRS. EGGLESTON-And ther're within the? MR. MARTIN-They're witrin the standards for the zone. I MRS. EGGLESTON-Okay. I I I MR. PHILO-Mr. Kaidas, ~hen I looked at that floor plan, here, could you explain one thing?1 I MR. MARTIN-Yes. MR. MARTIN-Yes. MR. KAIDAS-Sure. I I I MR. PHILO-They're not boing to do any operating or anything? I MR. KAIDAS-No. Just se~vicing people, and whatever they do. Well, I don't know what you I mean by operations, the laser surgery. I don't know if that's balled an operation, I guess it would be. anything they do. 5 U] I I I I I I MR. SICARD-Michael. CIUld you explain that medical outfit that's going in there? What 40 they do? That isn't a doctor that's going in there by any chanc~. is it? I MR. KAIDAS-What they a e. it's Albany Medical Center. okay. and the Lyons in this distric raised a million dollars to create a Lyons Eye Institute in Alba Y. and what they're doing is they service. they bring doctors in 0 service the. plus they do research down in Albany. They're the nes that allow ocular transplants. There would be none without the Medical Center. What they do is take a patient that's refer ed to them. to operate or service them. however they act on t em. and then they follow up on them. MRS. PALING-They just Icome up here to be checked and followed up? I I MR. KAIDAS-This wouldlbe a follow up. I would imagine that they would do. if anybody ~eeded laser surgery. they might do that in the office. I I MRS. PALING-But it's ~ard for some of the older people to go all the way back to Albany to have their eyes checked after surgery. MR. KAIDAS-Well. this }s what they're finding out. They do service an awful lot of peopl, in this area. I MRS. PALING-I'm sure ~hey do. MR. TURNER-He's creati~g one more building. one more principal use. I MRS. EGGLESTON-Yes. a~d he's allowed only one per acre. right? I MR. TURNER-Yes. of up Ito 12.000 square feet. I MRS. EGGLESTON-Yes. a9d he's only got 1. MR. KAIDAS-Actually. ~ think that's up to 12.000 square feet per ac re, i sn I tit? I -- MR. TURNER-Per acre. i MR. KAIDAS-So. in ess~nce i it would be. MRS. RUTHSCHILD-Per 1 acre. MR. KAIDAS-Per 1 acre Right. MR. TURNER-You've got 1.84. MR. KAIDAS-l.84. so it would actually be in the neighborhood of 20.000 square feet. I I I MR. TURNER-Yes. Righ~. MR. KAIDAS-And we're ~nlY talking 9.000 square feet. MR. TURNER-Yes. prett~ close to 9.000. I MR. PHILO-Very good. I MR. KAIDAS-So it wouldlactually reduce the impact. Mr. Turner. can I address Mr. Sicard? I MR. TURNER-Sure. MR. KAIDAS-He asked lif it would bring doctors in. I've been involved with the Lio~s. like I said. we raised a million dollars for Lions Eye Institute. and in the beginning. we had doctors actually call us up and ask us why we would help Albany Medical Center create a LionslEye Institute. and they came right out and said. why should we cr~ate world class scientists. but a lot of it 6 is inbred fear. I uess. because really there would be no scientists if there w ren't things like. because they can't do it in their offices. the can't do their research. MR. SICARD-That's gre t. I was in the Lions. a long time ago. I MR. TURNER-Okay. DO~S anyone else have any further questions? Okay. Let me open th~ public hearing. I I PUBLIC HEARING OPENED I JEAN PECANO I MRS. PECANO-I just haje a few questions. MR. TURNER-Could I ha e your name for the record. please? I I I MRS. PECANO-Jean Peca~o. lasers. I I MR. KAIDAS-I don't knqw that. i I MRS. PECANO-AIl right.1 You said there might be. I I I MR. KAIDAS-When somebo~y asked me about operations. I wouldn't say no because I have no i~ea what they're going to do up there. other than see patients. I Imean. I'm not going to say they're going to I do eye surgery. Whep you say eye surgery. anything could be classified. pull a sliyer out. eye surgery. I don't want to say the wrong thing. MRS. PECANO-Okay. wet' I was just wondering if it's going to be just doctors from Alba y? Is it going to be residents from Albany Medical. or would als local doctors have access? I know you said there were going to be MR. KAIDAS-That I donrt know. I would imagine that it would be open to everybody. I Idon' t know how they do it in Albany. MRS. PECANO-Okay. seeing? MR. KAIDAS-They're onl~ talking about being up here part time. So I doubt it would be a Ifull five day week. Dd you know how many patients they will be MR. TURNER-How many? MR. KAIDAS-Well. rightlnow they're talking one doctor being up here two days. another doc~or being up here another two days. I I MRS. PECANO-Do you kno~ how many physicians. it's two and two. one doctor every two days~ MR. KAIDAS-I couldn't say. information. If you want. I can get you all the MRS. PECANO-Will they see any walk-ins. or is it just going to be follow ups? MR. KAIDAS-That. I woUld think that that's up to them. I don't know how Albany Medicai Center operates. I think everything has to be referred to them. I MRS. PECANO-Okay. MRS. PECANO-And you d~n't know if it will be surgical? MR. KAIDAS-Well. classify that. I I would think. laser treatment. I would assume. I don't know how you would real]y don't. because surgery would be anything. If t~ey pulled a sliver out of your eye or did that1s surgery. I don't know where you draw the 7 line. I doubt that thry would do an ocular transplant up here. if their operating rooms are in Albany. They've got no proposed operating rooms. The 're just examination rooms. , i MR. PHILO-I think. in!all fairness. he owns the building and he's leasing it out to th~m. I don't think he knows exactly what's going on. I talked t~ him myself. spent one day with him. and. MR. KAIDAS-Well. I thi~k that it's an unfair question. when you ask if there's going to b surgery. I don't know how you say no to that. I would never ay no to that. I I MR. TURNER-Well. you klnow. a professional office is an allowed use there. in Highway Com~ercial. MR. KAIDAS-It is. rig~t. MR. TURNER-So that co~ers a multitude of sins. I MRS. PECANO-I'm just a~king. for information. Do you know if this will have any effect qn the local doctors? I MR. KAIDAS-On the loca~ doctors? I would think. this is what we've got out in Syracuse. I I would think it would actually help them. If they had things ava~lable to them that they don't have in their own office. it's got 40 help. MRS. PECANO-Well. tha~'s why I asked. If there was a laser there. would they have acces~ to use it? I MR. KAIDAS-I don't kntw. Maybe they do it for you. I have no idea. I don't think hey just let a doctor just walk in and use something. I wouldn' . think that's even done in Albany. is it? I MRS. PECANO-If theY'r~ on Staff. MR. KAIDAS-Okay. on Staff. Staff. or that should Ibe? I I i MRS. PECANO-Well. the~ £An be. I Is there somebody up here that's on MR. KAIDAS-I would imagine they would allow it. From what I see of these doctors down inl Albany. they're pretty open to a lot of different things. I ~ad one of my own tenants who had an ocular transplant that was referred by a doctor up here. He sent him down there. . MRS. PECANO-They do d~ a lot of referrals. MR. SICARD-Hike. will I the Lions Club subsidize this. the rentals and so forth? ! MR. KAIDAS-No. not at all. The only person that's going to subsidize a little bi~ of it is myself. I'm going to donate part of it, but not very mulch of it, I'll be very honest with you. but the Lions Club have ~elped to create a Lions Eye Institute in Albany, and what's it's done is it's given them the opportunity to use the Lions Logo and. the Lions name. and it helps. There's a great big one in New Jelrsey. They just dedicated, and we were very unique because we onl~ had to raise a million dollars for them to use the name. In New ~ersey. they raised millions and millions of dollars to use it. but¡ no, they will not subsidize it at all. HR. PHILO-Mike, most o~ the Lions work is all charity work anyway. right? MR. KAIDAS-Correct. 1~0 percent of it is. That's another thing. We have. if a person cán't afford it and a person goes through the right channels. they Will take the people that fall through the cracks. where there's ~o funds available to the State or anything. 8 The Lions will bring ~hem in there, and these people will service them and not charge u~, which is unusual. I ! MR. TURNER-Any other questions? Okay. Public hearing's closed. 1 PUBLIC HEARING CLOSED ! ! ! ! MR. TURNER-Is there a~y Correspondence? MRS. EGGLESTON-No, no ¡Correspondence. I MR. TURNER-Any furthe~ discussion? If not, motion's in order. MOTION TO APPROVE ARE1 VARIANCE NO. 131-1992 MICHAEL A. KAIDAS, Introduced by Charles ¡Sicard who moved for its adoption, seconded by Joyce Eggleston: . ! Applicant is proposin~ introduction of medical offices on a 1.84 acre lot, where thre~ principal buildings exist at the present time. This seems to b~ the minimum variance necessary to alleviate the specific practica~ difficulty. There seems to be no other option available that 1 would require no variance. This variance will not be detrimenta~ to any other properties in the district or neighborhood or confl~ct with the objectives of any other plan or policy of the Town. T~ere appears to be no effect of this variance on public facilities o~ services. There has been no objections to the granting of this ~ariance. ! Duly adopted this 17tlh day of December, 1992, by the following vote: i I ! AYES: Mr. Philo, Mr. ¡Carvin, Mrs. Eggleston, Mrs. Paling, Mr. Thomas, Mr. Sicar~, Mr. Turner ! I NOES: NONE (8: 08 p. m.l) , SIGN VARIANCE NO. 13~-1992 TYPE II HC-1A MICHAEL A. KAIDAS OWNER: MICHAEL & SU~AN KAIDAS 43 QUAKER ROAD APPLICANT IS PROPOSING INTRODUCTION OF MEDICAL OFFICES ON 1.84 ACRE LOT. TWO PRINCIPAL BUILDINGS E~IST ON THE LOT. REQUIREMENT IS FOR ONE PRINCIPAL BUILDING UP! TO 12,000 SQ. FT. APPLICANT IS SEEKING RELIEF FOR MEDICAL OFfICES AS A THIRD PRINCIPAL BUILDING ON THE SITE. (WARREN COUNTY IPLANNING) TAX MAP NO. 105-1-1.3 LOT SIZE: 1.84 ACRES SECTION 1~9-23A (3 PRINCIPAL BLDGS.) MICHAEL KAIDAS, PRESENT (8:08 p.m.) MRS. EGGLESTON-The Wa~ren County Planning Board approved with no comment. STAFF INPUT Notes from Staff, Sig* Variance No. 132-1992, Michael A. Kaidas, Meeting Date: Decembet 17, 1992 "SUMMARY OF PROJECT: Text of one preexisting freestandipg sign displays name of the current business (Kaidas Kitchen). Th¡e proposed text will add the name of the Albany Medical Center + Lion's Eye Institute, to the existing sign. The structure, size, ~r placement of the existing sign will not change. (see attached 1 diagram of the proposed sign). CONFORMANCE WITH SIGN REGULATIONS I: Wi th the proposed addition of a third business to the parce~ in question, the site will be a shopping center by definition ~s per Section 140-2 (p. 14004). Existing site has two (2) pree*isting freestanding signs, (Kaidas Kitchen and Key Bank) and app¡icant is seeking relief for one sign, (Key Bank) and for the addi~ion of one name, (Albany Medical Center), to existing Kaidas Kitch~n sign, from Section 140-6B(3)(d) p. 14012, which states that a !shopping center shall be allowed one (1) freestanding sign denoting the name of the shopping center. REVIEW CRITERIA: 1. Ther~ are special circumstances or conditions applying to the land þr sign(s) which do not apply generally to 9 land or signs in the neighborhood. The special circumstances applying to this parcel is that the designation of shopping center to the site restricts Ithe number of freestanding signs to one (1) denoting the name of I the shopping center. The parcel has (2) preexisting freestandiþg signs. 2. The strict application of the Ordinance would depriv~ the applicant of the reasonable use of such sign or land. It wou~d appear that the strict application of the Ordinance would limit Ithe number of freestanding signs to one (1) and the text on the f~eestanding sign to the name of the shopping center. This would virtually eliminate the advertising of the two (2) other businesses ~n the parcel. one of which is not readily seen from the road. ~. The variance is in general harmony with the restrictions est4blished for this area. As the two (2) freestanding signs are preexisting and the addition of one (1) name to one freestanding rign will not change the size, shape, or placement of the sign, it would appear that the variance would be in general harmony wijth the restrictions of the area. 4. The variance is the minimu~ relief necessary to accomplish the intended ob j ecti ves. The uni~ueness of the lot (three (3) preexisting buildings), and the rjestrictions of the sign regulations for a shopping center, wouldiappear to require a variance for the minimum relief requested to aqcomplish the intended objectives. 5. The variance is in generallharmony with the general purpose and intent of the Ordinance and i~ not otherwise injurious to the neighborhood or detrimental to the ipublic welfare. The variance is in general harmony with the gener~l purpose of the Ordinance. as the existing signs will not change except for the addition of one name on one freestanding sign. SiTAFF COMMENTS AND CONCERNS: Staff has no other comments regard~ng this application." I MR. PHILO-I went over land looked at that sign, Ted. to me, going to leave the sign just the way it is, plaque off. and split it in half. He explained just take the MR. TURNER-Yes. MR. PHILO-Put it back on. MR. TURNER-The only d~fference here is there's three businesses. and the Sign Ordinancle says that it becomes a shopping center. It's almost similar tq the one we granted to Frankie Collins. MR. PHILO-Right. MR. TURNER-I don't ha~e a problem. MR. KAIDAS-The thing iþ. in the very beginning there, the Planning Staff, it says I couild put one sign up with the name of the shopping center, and Ithen I could put wall signs allover the place, and then it wou~d end up looking like I wouldn't want it to look. i MR. TURNER-No. I do~'t want it to look like that either, and that's why you're her~ tonight. MRS. EGGLESTON-Actual~y, that doesn't look so bad. They've got that up to. they have Ithe one free sign outside. and then a nice little sign on the bu~ldings inside. That looks neat. MR. KAIDAS-You mean l~ke Blockbuster and all of those places? MRS. EGGLESTON-Well. where do you decide it as there isn't? I mean. if it says if there's three. like what's in there? MR. TURNER-I think it's a common sense call. What exists there is what is there, and I think you've got to separate them from the other. MRS. EGGLESTON-Yes. ~ don't have a problem with it. trying to learn more ~bout the Sign Ordinance. I just was 10 MR. TURNER-I don't. either. I would say that. if down the road. Mr. Kaidas decides tOldo something totally different. that if we grant him the relief ¡requested. that that relief will terminate when the tenant. MR. KAIDAS-I doubt tha~ you'd ever let me put a fourth business on there. MR. TURNER-No, no. Ijm not saying that. I'm saying that if you sell it. somebody else comes in there. I don't want to grant it I with the. it goes wit~ the tenant, and that's it. MRS. EGGLESTON-It would go with Albany Med. then our variance would end. If they moved out. MR. TURNER-That way i~ covers you. MRS. EGGLESTON-So no dther business could come in without. I MR. KAIDAS-Without co~ing here. MRS. EGGLESTON-Yes. MR. TURNER-It might be something totally different. again. the public hea~ing. I'll open. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. TURNER-No Correspondence? MRS. EGGLESTON-No, no :Correspondence. MR. TURNER-I would ma~e a motion. MOTION TO APPROVE SIG~ VARIANCE NO. 132-1992 MICHAEL A. KAIDAS. Introduced by Theodore: Turner who moved for its adoption, seconded by Charles Sicard: To split the one sign, in two. so that each tenant has 25 square feet. This particula~ site does not denote what is described by definition of the Signl Ordinance as a shopping center. This would be the minimum relibf necessary to accomplish the intended objectives, and the vatiance would expire with the tenure of either tenant. Duly adopted this 17tJh day of December. 1992. by the following vote: AYES: Mr. Carvin. Mr~. Eggleston, Mrs. Paling. Mr. Thomas. Mr. Sicard. Mr. Philo Mr. Turner NOES: NONE MR. PHILO-When do you think they'll start the building? MR. KAIDAS-They're 109king at April 1st. I believe. MR. PHILO-Good luck! MR. KAIDAS-Thank you. (8:18 p.m.) AREA VARIANCE NO. 133-:1992 TYPE II SR-1A STEVE BEDERIAN OWNER: SAME AS ABOVE CORINTH ROAD APPLICANT IS PROPOSING AN ADDITION OF AN ATTACHED GARAGE OF 918 SQ. FT. TO AN EXISTING NONCONFORMING RESIDENCE OF 1.018.51 SQ. FT. THE PROPOSED EXPANSION RESULTS IN A TOTAL OF 1.996 SQ. FT,. (85 PERCENT INCREASE). THE APPLICANT IS 11 SEEKING 18 SQ. FT. REL¡EF FROM THE REQUIREMENT LIMITING GARAGE SIZE TO 900 SQ. FT. THE APpLICANT IS ALSO SEEKING RELIEF OF 378.24 SQ. FT. (19 PERCENT) ABOIVE THE MAXIMUM ALLOWABLE EXPANSION OF 50 PERCENT. (WARREN COUN~Y PLANNING) TAX MAP NO. 125-3-7 LOT SIZE: 20,000 SQ. FT. SECTIQN 179-79A(2), 179-19C, 179-7 STEVE BEDERIAN, PRESE~T (8:18 p.m.) MRS. EGGLESTON-And th~ Warren County Planning Board returned. "No County Impact." STAFF INPUT Note s from Staff. Ar¢a Variance No. 133-1992, Steve Bederian. Meeting Date: Decemb~r 17. 1992 "SUMMARY OF PROJECT: Applicant is proposing to exp~nd a preexisting nonconforming structure (residence). with an ~ttached structure that will contain a six hundred and sixteen an~ four tenths (616.4) square feet garage. (23 ft. by 26.8 ft.). a ~ive hundred and ten and eleven hundredths (510.11) square foot ¡oft/bedroom area located above the garage. and a four hundred and ~hirteen and twenty-four hundredths (413.24) square foot breezeway/access area to the loft. CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is proposing a fifteen hundred and thirty-nine and eighty-six hundredths (1.539.86) square foot expansion to an exist~ng residence and is seeking a nine hundred and forty-nine and ei~hty-two hundredths (949.82) square feet and fifty-four percent (54~) relief from Section 179-79A(2) that states that no enlargement qr rebuilding shall exceed an aggregate of fifty percent (50%) o~ the gross floor area of such single family dwelling immediately I prior to the commencement of the first enlargement or rebuild~ng. (The figure of fifty-four percent (54%) relief is in excess of: the fifty percent (50%) allowable expansion dimension). 2. Appl~cant is proposing the sum of the side yards to be twenty-seven andl eight tenths (27.8) feet and is seeking two and two tenths (2.2 ): feet re 1 ief from Section 1 79-18C. that requires the sum of the side yards to be thirty (30) feet with a minimum of ten (10) teet. REVIEW CRITERIA: 1. De scribe the practical difficulty wþich does not allow placement of a structure which meets the zoni9q requirements. The practical difficulty which does not permitlplacement of the proposed structure within zoning requirements r~sul ts from the expansion of the existing structure reducing th~ sum of the side yard setbacks to less than dimensional requiremeþts. 2. Is this the minimum variance necessary to alleviatþ the specific practical difficulty or is there an other 0 tiori available which would re uire no variance? As the proposed struc ure is designed. it would appear that the minimum variance is n~cessary to alleviate the specific practical difficulty and the o~ly option available that would require a lesser degree or no v4riance. would be to reduce the size of the expansion. 3. kl.2.yJd this variance be detrimental to other properties in the disþrict or neiqhborhood or conflict with the obiectives of any plan lor policy of the Town? It would appear that the variance would no~ be detrimental to other properties in the district or neighborhood or conflict with the objectives of any plan or policy of the Town as the proposed project is consistently wi th the character of the neighborhood which is predominantly single family homes. i4. What are the effects of the variance on public facilities and ~ervices? It would appear that the variance would not have an effeqt on public facilities and services. 5. Is this request the mi*imum relief necessary to alleviate the specified practical diifficul tv? As the expansion of the existing structure is designed. the relief requested would be the minimum variance necessary to ~lleviate the specified practical difficulty. STAFF COMMENTS AND CONCERNS: Staff requested information from the Building Department re~arding any possible impact the third bedroom may have on the existing septic and was advised that the Town does not require upgrading of an existing septic with the addition of a bedroom to an exist~ng structure unless the existing septic exhibits signs of failing. Applicant states that the existing septic has not exhibi tied any signs of failing." 12 ,::;:-- MR. BEDERIAN-I think ~he only comment I might make is that on my first approach to the ~own, I had thought that the only variance I was looking for was tþe setback variance. I was unaware of the square footage limits jOf the expansion. So it was when I got the notice of this meet~ng that I became aware of this. The neighborhood that my h~use is in is a neighborhood of nonconforming lots. All these home~ along Corinth Road were put in in the late 50' s, early 60' s, th~ 100 by 200 lot was standard. The homes across the street is the new Inspiration Park, and that has been gi ven a spot variance 'for smaller lot size homes. So, again, the neighborhood is consi~tent with that size lot. MR. TURNER-Have you t~lked to your neighbor to the east? MR. BEDERIAN-My immedi~te neighbor to the left, the one that would be impacted by a 10 fþot setback. I sat down with him before I approached the Town a~d explained to him what we were planning to do. That neighbor, injcidentally, has a two lot parcel. So, that there's an undevelope~ lot between his home and mine. So there's still a good bit of p~ivacy, and they have no objection. MRS. EGGLESTON-Could S~aff clarify their side yards, that we need relief on the side yarids? MR. TURNER-He's got 10ifeet on the one side. He's got a minimum of 10 feet. MRS. EGGLESTON-He's go~ that. MRS. RUTHSCHILD-Yes, tþe total is 30, for the side yards, 30 feet. MRS. EGGLESTON-But he's got 10 on one side, and he's got 33 on the other. MR. TURNER-No, 17. MR. THOMAS-Seventeen. MRS. RUTHSCHILD-No, 171.8. MR. THOMAS-For the add~tion, don't you? MRS. EGGLESTON-Would yjou come from the addition over? MR. TURNER-No, both sides. Are you talking right here? MRS. EGGLESTON-Yes. Wait a minute. This is the addition. So you're going to go fro~ here to here, right? MR. TURNER-You go from' here to here. MRS. CARVIN-This is the existing, here. MRS. RUTHSCHILD-Yes, e~isting, which is 17.8. MR. CARVIN-Okay, but he's not aSking for a variance there. He's asking for here. Thi~ is where the line is, and he's got 10.1 here, and he's certain~y got over 30 feet here. MRS. RUTHSCHILD-Okay. I see. I thought it was that he needed. MR. TURNER-No. He's asking for a variance. He has to have, come up with the 30 feet. MRS. RUTHSCHILD-The 30 feet altogether? I thought it was the two, what would be left. MR. TURNER-That's right. He has to have a minimum of 10, and a sum of 30. 13 ,:;-- MRS. EGGLESTON-Well. ~ed said the same thing. this has to be 30. He said. because MRS. RUTHSCHILD-The s~m of 30 with a minimum of 10. MR. CARVIN-Even though the new structure is not really encroaching. MR. TURNER-It's always been done that way. MRS. EGGLESTON-Even though the structure isn't violating the side back. MR. TURNER-It is now. It's a zone change. MRS. EGGLESTON-But th~ new addition isn't violating the side yard setback. MR. TURNER-No. but th~s has to total up 30. according to the new zone change. MRS. EGGLESTON-Okay. because this side effects this side. MR. TURNER-The sum of the side yards shall equal 30 feet or more with a 10 foot minimum. MRS. EGGLESTON-Yes. MR. TURNER-That's SR-1 Acre now. That's a requirement. MRS. EGGLESTON-All ri~ht. that straight. Thank you. Okay. I guess we've got MR. BEDERIAN-In regard to the design of the structure. the 2.2 feet. the access-way i~ going to go through the stair and access to the backyard. and red4ce that by two feet. and to reduce that by two feet. which would ~ake that only a hall. which would make it a viable space. reducing the garage itself by two feet. which would make it very difficul~ to open a car door. MR. TURNER-Yes. MR. SICARD-That's pretty small. MR. THOMAS-Is there any bathrooms going in up there? MR. BEDERIAN-No. MR. THOMAS-No bathrooms? It's just a living space? MR. BEDERIAN-Yes. MR. THOMAS-With no kind of water. no water running up there. no sewer? MR. BEDERIAN-No. MRS. EGGLESTON-But y~t it's going to be a bedroom. with no facilities? MR. BEDERIAN-We are planning to use it as a family room. but again. the two car garage. on a two bedroom home. it would be an inappropriate addition. I need to add more living space as well as the two car garage. MR. THOMAS-How is the access to that going to be over the top of the garage. from the house? Do you have to go outside to go up? MR. BEDERIAN-No. The garage will have a breakfast nook/breezeway. heated space between the existing home and the entrance to the garage. and in that space would be a stair to the loft. 14 ~.::----_._---~ MR. THOMAS-Okay. MR. BEDERIAN-And I had talked with the BUilding Department. as far as how I construct that to make it fireproof. MR. TURNER-Yes. MR. BEDERIAN-I suppli~d plot plans earlier. but in talking with Arlyne. you may have n~ed to see a floor plan or elevations. So I have them available f~r you. if you want to see them. MR. TURNER-Yes. That ~ould be great. The notice of public hearing didn't advertise the ~etbacks. MRS. EGGLESTON-The sid~ yard setback. MR. TURNER-All it say~ is. applicant is proposing addition of an attached garage on 91Ø square feet to an existing nonconforming residence of 1,078.51 !square feet. MRS. RUTHSCHILD-The la*guage doesn't state it. but the Section from the Ordinance is liste~. 179-19C. MRS. EGGLESTON-No. I ,don't think it states the Section of the Ordinance. We're loo~ing at the actual notice of public hearing. MRS. RUTHSCHILD-Okay. MR. BEDERIAN-These are the floor plans. This is the existing home. The kitchen is immedi~te. here. This space here would be like a breakfast nook. The new entrance to the home would be here. and this would be the stai~. up to the loft space. which is up off. MR. TURNER-Right. MR. PHILO-Can I see th.t. Steve? Very nice. I see you put a six inch wall in here for ~he firewall. MR. BEDERIAN-Yes. MR. PHILO-Couldn't ask for anything better. Thank you. MRS. EGGLESTON-I'm co~fortable with the situation here. you have to. now. acco~ding to Town Code. don't you? I think MR. PHILO-You only hav~ to have five eighths. He's got double. MRS. EGGLESTON-Firewall. We're talking about the firewall. MR. TURNER-Any questions of the applicant? MR. PHILO-It looks ver~ good to me. MR. TURNER-All right. I'll open the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MRS. EGGLESTON-No Correspondence. MR. TURNER-Okay. Motion's in order. MR. CARVIN-What's the setback relief. Ted? MR. TURNER-The sum of 30. minimum of 10. He needs 2.2. MRS. EGGLESTON-Two point two feet of relief from the west side. 15 MR. TURNER-Two point two foot relief from the 30 foot requirement. He has 27.8 feet, and he has to have 30. MRS. EGGLESTON-Right. MR. TURNER-He has the 10 foot on there. He needs the relief on the expansion. MRS. EGGLESTON-Yes. MOTION TO APPROVE AREA VARIANCE NO. 133-1992 STEVE BEDERIAN, Introduced by Fred Carvin who moved for its adoption, seconded by Charles Sicard: I would move that we grant a variance from the 50 percent gross floor area to a maximum of 54 percent relief, and that we grant a 2.2 foot relief from the 30 foot requirement on the side yard setbacks. The practical difficulty is that the design of the lot and the proposed expansion would indicate that this is the only position or spot that would allow this expansion to move forward. This does appear to be the minimum necessary variance to alleviate the practical difficulty. It does not appear to have any detrimental effect to any other properties in the district or neighborhood. There does not appear to be any effect on public services or facilities and there is no neighborhood opposition. Duly adopted this 17th day of December, 1992, by the following vote: AYES: Mrs. Eggleston, Mrs. Paling, Mr. Thomas, Mr. Sicard, Mr. Philo, Mr. Carvin, Mr. Turner NOES: NONE (8:38 p.m.) USE VARIANCE NO. 134-1992 TYPE II MR-5 RICHARD HERMANCE OWNER: DONNA HERMANCE EAST AVENUE THE APPLICANT IS PROPOSING CONSTRUCTION OF A SINGLE FAMILY DWELLING. ALLOWED RESIDENTIAL USES INCLUDE DUPLEXES AND MULTIFAMILY RESIDENCES. THE APPLICANT IS A VARIANCE TO ALLOW A SINGLE FAMILY RESIDENCE. (WARREN COUNTY PLANNING) TAX MAP NO. 128-6-8 LOT SIZE: 8,732.5 SQ. FT. SECTION 179-18 D3(B)(1) RICHARD HERMANCE, PRESENT (8:38 p.m.) MRS. EGGLESTON-And the Warren County Planning Board returned, "No County Impact." STAFF INPUT Notes from Staff, Use Variance No. 134-1992, Richard Hermance, Meeting Date: December 17, 1992 "SUMMARY OF PROJECT: Applicant is proposing to construct a single family home on a vacant lot. CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is seeking relief from Section 179-18D(1) - Permitted Uses - Type II, which includes mul tifamily dwellings, apartments. condominiums. proj ects. and townhouses of less than one hundred (100) units. REVIEW CRITERIA: 1. Is reasonable return possible if land is used as zoned? It would appear that reasonable return of the land is limited, as applicant is proposing a single family dwelling on an undersized lot zoned for multifamily residential use. 2. Are the circumstances of this lot unique and not due to the unreasonableness of the Ordinance? It would appear that the circumstance of the lot is unique as it is preexisting and undersized for the zoned use and proposed structure would be more appropriate for the lot and consistent with other residential uses in the neighborhood which is a Mobile Home Overlay District. 3. Is there an adverse effect on the neiqhborhood? It would appear that the variance would not have an adverse effect on the neighborhood, which is a Mobile Home Overlay District and residences are almost all single family mobile homes. STAFF 16 -- COMMENTS AND CONCERNS: Applicant's sister is in the process of deeding the property in question to her brother (the applicant). The property also requires a lot line adjustment to conform with the proposed site plan attached. A letter of intention from Donna Hermance regarding the deeding of the property and the lot line adjustment is attached." MRS. EGGLESTON-The letter from Donna Hermance, dated 11/24/92, "I am writing this letter in regards to my brother, Richard Hermance, application for zoning and variance proposal. First I would like to say that I am in complete agreement with his request. Also, I am writing to ask the Board to consider my brother's application without the completion of transfer of deed, due to the lack of time to have my lot surveyed to make it possible to subdivide my deed, also to transfer ownership to my brother, before the Town's application deadlines. I fUlly intend to have survey done and transfer of deed completed by the time the Board meets in December." MR. TURNER-Is this done, do you know? MR. HERMANCE-No, it isn't. It's hard to get in touch with my sister. I've been calling her. It's being worked on by a lawyer. MR. TURNER-If this goes through, when did you intend on placing the? MR. HERMANCE-Well, originally, the first of January, but the way he's going at things, it's hard to say right now. As soon as possible, I would say. MR. TURNER-As soon as you get the permit from him. going to move on with the modular home? Then you're MR. HERMANCE-And the deed subdivided and the land surveyed and so on. MRS. EGGLESTON-Ted, really, he doesn't own the property, so I don't know how he can ask the request. I really don't think we should do it until we get the deed, until the deed is done. Who knows what a survey is going to up. We could be doing something where the lines are divided at a different, I think we should know the dimensions from the survey. MR. TURNER-I think we've got to have them. MRS. EGGLESTON-Before we say you could put a house, could turn out very different from this map, and allowed. because it then we've MR. CARVIN-I'd like to see side line setbacks and what kind of lot we're going to have here. MRS. EGGLESTON-Yes. yet. I don't think we've got enough information MR. THOMAS-Yes. If they don't own the land, you never know what the survey is going to turn up. MRS. PALING-Yes. I agree. It's so small there, to begin with. MR. PHILO-Why don't we table it until he gets a survey. MR. THOMAS-Until he has the deed. MRS. EGGLESTON-Yes. MR. PHILO-Then he can come in and get it all in one shot. MR. HERMANCE-Would that mean I would have to wait until the next 17 -'-.'.,--^ meeting to come up? MR. TURNER-Well. why don't you request to have it tabled until you get the information. That'll save you paying another $50 fee. We'll move to table it. and then when you get the information. you submit it to Planning and they'll get you on an agenda. MRS. EGGLESTON-Once you have the closing. you get your deed and your survey and everything together. Then they'll work you on. MR. HERMANCE-Okay. Then I move to table it. MOTION TO TABLE USE VARIANCE NO. 134-1992 RICHARD HERMANCE. Introduced by Charles Sicard who moved for its adoption, seconded by Theodore Turner: At the request of the applicant. for lack of information. Duly adopted this 17th day of December. 1992. by the following vote: MR. TURNER-It will not be advertised again. either. MR. MARTIN-You're just leaving the public hearing open? MR. TURNER-We're going to leave the public hearing open. MRS. EGGLESTON-But we didn't open it. MR. TURNER-We didn't open it anyway. We just tabled it right off the bat. MR. MARTIN-Could you at least open it. Ted. and leave it open, because it's scheduled for tonight. Otherwise. we'll have to re- advertise. MR. TURNER-We'll leave it open. It's open. PUBLIC HEARING OPENED MR. TURNER-134 and 135 are tabled at the request of the applicant. Area Variance for Richard Hermance. AYES: Mr. Carvin. Mrs. Eggleston. Mrs. Paling. Mr. Thomas. Mr. Sicard. Mr. Philo. Mr. Turner NOES: NONE (8:45 p.m.) AREA VARIANCE NO. 135-1992 TYPE II MR-5 RICHARD HERMANCE OWNER: DONNA HERMANCE EAST AVENUE THE APPLICANT IS PROPOSING CONSTRUCTION OF A SINGLE FAMILY DWELLING ON A VACANT UNDERSIZED LOT. THE REQUIRED LOT WIDTH IS 80 FT. THE EXISTING LOT WIDTH IS 62.25 FT. THE APPLICANT IS SEEKING RELIEF OF 17.75 FT. (WARREN COUNTY PLANNING) TAX MAP NO. 128-6-8 LOT SIZE: 8.732.5 SQ. FT. SECTION 179-18 C RICHARD HERMANCE. PRESENT (8:45 p.m.) MOTION TO TABLE AREA VARIANCE NO. 135-1992 RICHARD HERMANCE. Introduced by Charles Sicard who moved for its adoption. seconded by Theodore Turner: At the request of the applicant. for lack of information. Duly adopted this 17th day of December. 1992. by the following vote: AYES: Mrs. Eggleston. Mrs. Paling. Mr. Thomas. Mr. Sicard, Mr. Carvin. Mr. Philo. Mr. Turner 18 ---- NOES: NONE (8:46 p.m.) AREA VARIANCE NO. 136-1992 TYPE II TPI STAFF LEASING OWNER: JOHN & DEBBIE SKINNER MALVERN & CAROLYN TIPPETT 275 BAY STREET THE APPLICANT IS PROPOSING EXPANSION OF A NONCONFORMING STRUCTURE INTO THE SIDE YARD. THE EXISTING SIDE YARD SETBACK IS 17 FT. THE SIDE YARD SETBACK RESULTING AFTER PROPOSED EXPANSION WOULD BE 6 FT. 4 IN. THE APPLICANT IS SEEKING RELIEF OF 10.6 FT. (WARREN COUNTY PLANNING) TAX MAP NO. 107-1-48 LOT SIZE: 43.560 SQ. FT. SECTION 179-23 C DEAN HOWLAND. REPRESENTING APPLICANT. PRESENT (8:46 p.m.) MRS. EGGLESTON-And the Warren County Planning Board returned. "No County Impact." STAFF INPUT Notes from Staff. Area Variance No. 136-1992. TPI Staff Leasing. Meeting Date: December 17. 1992 "SUMMARY OF PROJECT: Applicant is proposing to expand a preexisting. nonconforming structure by the addition of nine hundred seventy and eight tenths (970.8) square feet to the rear and east side of the existing structure. CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is proposing six and four tenths (6.4 ft.) feet south side yard setback and seeking ten and six tenths (10.6 ft.) feet and sixty-three percent (63%) relief from existing seventeen (17 ft.) foot south side yard setback. REVIEW CRITERIA: 1. Describe the practical difficulty which does not allow placement of a structure that meets zoning requirements? The practical difficulty that does not allow placement of a structure to meet the zoning requirements is that the proposed expansion of the existing structure into the existing south side yard setback of seventeen (17) feet. results in the persistence of the existing south side yard setback of six and four tenths (6.4 ft.) feet. 2. Is the minimum variance necessary to alleviate the specified practical difficulty or is there any other oPtion available which would require no variance? It would appear that the relief requested is the minimum variance necessary to alleviate the specific difficulty and that short of radically reducing the size of the proposed expansion. there is no other option available that would require no variance. 3. Would this variance be detrimental to other properties in the district or neighborhood or conflict with the obiectives of any plan or policy of the Town? It would appear that the variance would not be detrimental to other properties in the district or neighborhood or conflict with the objectives of any plan or policy of the Town. as the expansion is consistent in character with other properties in the neighborhood or district. 4. What are the effects of the variance on public facilities and services? It would appear that the variance would not effect public facilities or services. 5. Is this request the minimum relief necessary to alleviate the specified practical difficulty? It would appear that the relief requested is the minimum variance necessary to alleviate the specified practical difficulty. STAFF COMMENTS AND CONCERNS: The proposed project's parking spaces (including handicap parking spaces) are adequate for the site including the proposed addition." MR. HOWLAND-I'm Dean Howland. and I'm just here to answer any questions you might have about the lot. MR. TURNER-They own the lot to the south. I think. MR. HOWLAND-Yes. they do. They bought that. I guess when they originally bought it. I had asked them why they didn't make them into one lot. They said. at that time. they wanted to move their operation into the building and it would have required a site plan review to divide two lots into one. So it was not done at that time. I said that might be something you should do in the future. MRS. EGGLESTON-Does that mean where the parking is. or that big 19 ~---.::._u .----------.- house on the next lot? MR. HOWLAND-No. the parking lot that's existing. which is also shown here on the map is their lot. That's their lot. MRS. EGGLESTON-That's the second lot. that they own. to the south? MR. HOWLAND-That's the second lot. That's correct. That'll still remain a parking lot, and when they moved in. I guess they've been in business for 14 months. and they started with. I think. four employees. and they've got 17 now. including two people that delivery the payroll. They're a payroll. service type place. and they're going to grow a little bit more. but they think they're just about maxed out. and they're trying to make a place that's large enough. Right now they have all the computers and people on top of each other. in the existing bUilding. and we're giving an option of either be able to pick the roof up of the addition so we could make it a two story. or you're looking at building a second story. leaving it totally empty for now. and then trying to restructure the front of the existing office bUilding itself. Right now it's not the best looking bUilding. It's a little hard to wrap around and make it look like that. The nature of the proposed building is we're trying to. we've got Muller and Carusone just to the south. across the street. and it's a colonial looking building. That's what we're looking at. the appearance of the building. of the new addition. and eventually we're going to tie in the old part. too. and redo everything. on the outside of that. just in a cosmetic nature. MR. PHILO-You're going to do the front of the building. now. Dean? MR. HOWLAND-We will do the front of the existinq structure to match the new addition. siding. roofing. We might have to change the roof line a little bit. too. depending if they want to come go up. now. for the second story. or wait. and just pick it up in the future. MR. TURNER-When did they buy that property? How long have they had it? They've been there 14 months. Did they? Matt owned it. Matt was a Rawleigh dealer. We granted a variance for it. in 1980 or something. MR. HOWLAND-I've got the deed right here. I think it was June. MRS. RUTHSCHILD-Is it' 91. Dean. because we have the deed right here? MR. HOWLAND-I think it's '91. June of '91. or May of '91. MR. MARTIN-Yes. May 7th. 1991. MR. HOWLAND-They were in the bank that's on the corner of Bay. MR. TURNER-Home and City? MR. HOWLAND-Right. Home and City Bank. They were there. MRS. EGGLESTON-Is the lot that the building's on. are we correct here. 60 feet wide? MR. HOWLAND-Correct. MRS. EGGLESTON-And then the parking is 48 feet wide? MR. HOWLAND-Correct. a little bit over that. I think it's 48 ft. 6 in. in the front. MRS. EGGLESTON-Yes. MR. HOWLAND-The existing. the house lot. that's 726 feet deep. 20 -~.--....,....-- It's tremendously deep. MRS. EGGLESTON-And, I'm sorry, did you say why they wouldn't combine that lot, combine the two? Then they wouldn't need. MR. HOWLAND-Originally, they'd have needed a site plan review, and they wouldn't have been able to move in. The own it, so they just kept it, so they wouldn't have to come here for site plan review, I guess. MRS. EGGLESTON-But they still could merge it as one, couldn't they, Ted? MR. TURNER-Well, yes, but they can, but they've still got to go to site plan. MR. HOWLAND-I don't know why they wouldn't do that. MR. TURNER-What is their actual business, TPI Leasing? MR. HOWLAND-What they do is they, if you have a company, and you've got employees, you can lease your employees from them, and what the benefit is, they do pension planning and hospitalization and they become, lets say their hospitalization plan that you can buy from them is probably a third less than what you get from the Chamber of Commerce, and at some point, a lot of businesses come to lease their employees. They've been growing by leaps and bounds. That's what it is, and you're Workman's Comp insurance is going down now, and I mean, I looked it a year ago, and I've been in business long enough that it wasn't worth it for me, but I'll have to look at it again now, especially with the hospitalization, they're going crazy. MR. TURNER-They put everybody together into one big group? MR. HOWLAND-Well, that's what they are. That's what happened. MR. TURNER-I mean, if you come in, you go into their group. MR. HOWLAND-Into their group, but they look at, like my business right now, the last two years, I'm a standard size work force. I always have the same. For 16 years I never laid off anybody, but I did a year ago. So, they don't like to have a business there come in, and into groups, unemployment rates and stuff like that. So they have to take that into consideration. MRS. EGGLESTON-We've had a McPhillips Insurance, and Workman's Comp and putting their employees. lot of people doing that. I work at a lot of people are taking their them through these, where they lease MR. HOWLAND-It's still the same Workman's Compo MRS. EGGLESTON-Yes, it is, but they're all together in groups, like you've got hundreds of, maybe, contractors all in one group, and all. MR. TURNER-Yes, they pool their money. MRS. EGGLESTON-Yes. MR. PHILO-Joyce, isn't that just for, say, like, when Dean and myself was in it, we had to pay year around Comp. Now they can only pay, they can pay six months. That's how they're saving money. MR. HOWLAND-Well, I pay year round. Right now I get the same discounted rate. I've been in business long enough that they can give me, but they're coming up with another 20 percent next year. 21 --~~-~ ----..------..- MRS. EGGLESTON-They had one a big one this year in July that knocked the sails out of a lot of people. MR. TURNER-Five point eight percent, and then they had one twenty one percent, the year before. Okay. Any further questions of Mr. Howland? I'll now open the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. TURNER-Okay. Motion's in order. MOTION TO APPROVE AREA VARIANCE NO. 136-1992 TPI STAFF LEASING, Introduced by Charles Sicard who moved for its adoption, seconded by Chris Thomas: For an addition of 13.6 foot relief on the south side setback, 34 feet relief from the total of 50 foot. There are no effects of the variance on public facilities and services. This request seems to be the minimum relief necessary to alleviate the specified practical difficulty. There's no objections to the application. Duly adopted this 17th day of December, 1992, by the following vote: AYES: Mr. Carvin, Mrs. Eggleston, Mrs. Paling, Mr. Thomas, Mr. Sicard, Mr. Philo, Mr. Turner NOES: NONE (9:05 p.m.) MR. TURNER-Jim, Area Variance for Double A Provisions, of 9/23, No. 94-1992 was tabled until the property in question to the rear of the building, which would be the south side. There was some discussion that the applicant was going to by the property from the owner, and I believe he has. What's the status? Double A Provisions, Area Variance dated 9/23. The number is 94-1992. MR. SICARD-Mr. Chairman, the house is gone. MR. TURNER-I know it. He bought the property. the property. It was in the paper. I know he bought MR. SICARD-He's got a fence up, and his trucks are parked. MR. MARTIN-We'll look into that. MR. TURNER-I just want to get it off the agenda. terminate it. I want to MR. SICARD-It was just tabled, wasn't it? MR. TURNER-It was for a setback. Now he has enough room. I don't think he has to be here. MR. SICARD-He increased the setback by taking down the house. MR. TURNER-He bought the increased that side yard. that cooler? property, and increased that. He Has he come for a building permit for MR. MARTIN-I don't know. MRS. RUTHSCHILD-I don't know. It was a month before my time. MR. MARTIN-This predates my appointment. MR. SICARD-There's a big fence to the rear of the property. I was 22 ----.--------- _.--::-"."-~~-~ - there today. MR. MARTIN-Okay. We'll look into it. MR. TURNER-Because I want to get it off the record. MR. MARTIN-We'll report back to you at the next meeting. Well. Charlie. I'll put on the record that I think you should be commended for 25 years service in this capacity. MR. SICARD-Thank you very much. I'd do it all again. except for one particular case that I remember. and that was the case of the cement plant. I don't know how many hours and days we spent there with all the lawyers from Albany coming up here and everything. I've never seen anything dragged out. News people were in there and everything else. and they couldn't make a determination on what was heavy equipment. or light industrial. CORRECTION OF HINUTES April 30th. 1992: NONE HOTION TO APPROVE THE HINUTES OF APRIL 30TH. 1992 AS PRESENTED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Fred Carvin: Duly adopted this 17th day of December. 1992. by the following vote: AYES: Mrs. Eggleston. Mr. Sicard. Mrs. Paling. Mr. Carvin. Mr. Turner NOES: NONE ABSTAINED: Mr. Thomas. Mr. Philo May 20th. 1992: Page 3. second Mr. Turner down. sentence joys sib joist. Page 15. Motion at the very toP. next to the last line is property sib proper protection. Page 19. gentleman's name is Mr. Dunphy. not Dunfey HOTION TO APPROVE THE HINUTES OF HAY 20TH. AS CORRECTED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: AYES: Mr. Carvin. Mrs. Eggleston. Mrs. Paling. Mr. Sicard. Mr. Turner NOES: NONE ABSTAINED: Mr. Thomas. Mr. Philo May 27th. 1992: tractor trailer trailer. sib tractor trailer. Page 10. the Use Variance No. 44-1992 doe~n't define who the applicant was. sib Adirondack Girl Scout Council. Inc. MOTION TO APPROVE THE HINUTES OF HAY 27TH. 1992. AS CORRECTED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: Duly adopted this 17th day of December. 1992. by the following vote: AYES: Mrs. Eggleston. Mrs. Paling. Mr. Sicard. Mr. Carvin. Mr. Turner NOES: NONE ABSTAINED: Mr. Thomas. Mr. Philo 23 I.J -- ----- June 10th. 1992: NONE MOTION TO APPROVE THE MINUTES OF JUNE 10TH. 1992. AS TYPED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: Duly adopted this 17th day of December. 1992. by the fOllowing vote: AYES: Mrs. Paling. Mr. Sicard. Mr. Carvin. Mrs. Eggleston. Mr. Turner NOES: NONE ABSTAINED: Mr. Thomas. Mr Philo September 16th. 1992: Page 4. fourth paragraph uP. Mr. Brandt. I'd just like to tell you. as head of this ship. shouldn't be in there. MOTION TO APPROVE MINUTES OF SEPTEMBER 16TH. 1992. AS CORRECTED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: Duly adopted this 17th day of December. 1992. by the following vote: AYES: Mr. Philo. Mr. Carvin. Mrs. Eggleston. Mrs. Paling. Mr. Thomas. Mr. Sicard. Mr. Turner NOES: NONE September 23rd. 1992: NONE MOTION TO APPROVE THE MINUTES OF SEPTEMBER 23RD. 1992. Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: Duly adopted this 17th day of December. 1992. by the following vote: AYES: Mr. Carvin. Mrs. Eggleston. Mrs. Paling. Mr. Thomas. Mr. Sicard. Mr. Philo. Mr. Turner NOES: NONE October 1st. 1992: NONE MOTION TO APPROVE OCTOBER 1ST. 1992 AS TYPED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: Duly adopted this 17th day of December. 1992. by the following vote: AYES: Mr. Carvin. Mrs. Eggleston. Mr. Thomas. Mr. Sicard. Mr. Turner NOES: NONE ABSENT: Mr. Philo. Mrs. Paling On motion meeting was adjourned. RESPECTFULLY SUBMITTED. Theodore Turner. Chairman 24