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1993-10-21 SP "·~fGI'"NAL QUEENSBURY ZONING BOARD OF APPEALS SPECIAL MEETING OCTOBER 21ST. 1993 INDEX Area Variance No. 76-1993 Gary R. Cardinale 1. Area Variance No. 84-1993 Golub Services Station, Inc. 5. Area Variance No. 86-1993 Thomas Kubricky 7. Area Variance No. 93-1993 Harry & Betty Goldstein 8. Area Variance No. 90-1993 Thomas & Elizabeth Nace 12. Area Variance No. 91-1993 Joanne & Stephen Seeley 16. Area Variance No. 97-1993 James G. Marshall 22. Area Variance No. 94-1993 Michael Di Palma 28. 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. QUEENSBURY ZONING BOARD OF APPEALS SPECIAL MEETING OCTOBER 21ST. 1993 7:30 P.M. MEMBERS PRESENT THEODORE TURNER. CHAIRMAN JOYCE EGGLESTON. SECRETARY FRED CARVIN LINDA HAUSER CHRIS THOMAS ROBERT KARPELES MEMBERS ABSENT THOMAS PHILO EXECUTIVE DIRECTOR-JAMES MARTIN PLANHER-SUSAN CIPPERLY STENOGRAPHER-MARIA GAGLIARDI OLD BUSINESS: AREA VARIAHCE RO. 76-1993 RR-5A GARY R. CARDINALE OWHER: SAME AS ABOVE RIDGE ROAD APPLICAHT IS PROPOSIHG TO BUILD A SINGLE FAMILY HOME OR AN EXISTIRG HONCOHFORMING VACAHT LOT IN AH RR-5A ZONE. APPLICANT IS PROPOSIHG A LOT WIDTH OF ONE-HUHDRED SEVEHTY- \ FIVE (175) FEET. LOT WIDTH REQUIRED FOR RR-5A ZORE IS TWO HUNDRED (200) FEET. IH ADDITION. SECTIOH 179-30C REQUIRES LOTS ABUTTIHG COLLECTOR OR ARTERIAL ROADS TO HAVE TWO (2) TIMES THE LOT WIDTH PERMITTED IN THE ZOHE. APPLICANT IS SEEKING RELIEF OF TWO HURDRED TWEHTY-FIVE (225) FEET FROM THE FOUR HURDRED (400) FEET REQUIRED UNDER SECTIOH 179-30C. APPLICANT IS SEEKIHG RELIEF OF OHE AHD SEVENTY-HIHE HUHDREDTHS (1.79) ACRES FROM SECTION 179-15C. WHICH REQUIRES 3 ACRES. (WARREN COUHTY PLAHNING) DATE. 9/8/93 TAX MAP NUMBER. 27-2-1.1 LOT SIZE. 2.21 ACRES SECTIOH 179-30C. 179-15C SEQRA REVIEW BY PLAHHIHG BOARD: SEPTEMBER 23. 1993 MRS. EGGLESTON-And there is a letter from the Adirondack Park Agency. signed by Daniel Spada. "I visited your property described as being in the Town of Queensbury tax map number 27-2-1.1 last year and delineated the edge of the wetland with blue flagging. At that time. it was evident that the wetland bisected the property. The wetland formed a fringe along an intermittent stream that also bisects the property. My understanding is that you would have my flagging located and placed on a survey map so that a record of the boundary at this point in time exists. and so that you could plan for the construction of your home. The wetland is part of a larger wetland that extends off your property and is greater than one acre in size. Therefore the wetland is jurisdictional to the Agency. Any activity in the wetland or close enough so as to pose threat of adverse impact to the wetland will require a permit from the Agency. The out-fall of the septic system must be at least 100 feet from the edge of the wetland." STAFF INPUT Notes from Staff, Area Variance No. 76-1993. Gary R. Cardinale, Meeting Date: October 21. 1993 "SUMMARY OF PROJECT: Applicant is proposing to build a single family home on an existing nonconforming lot in an RR-SA zone. The location on Ridge Road requires twice the lot width permitted for the zone. and a portion of the property lies wi thin a Critical Environmental Area. The property is within the Adirondack Park. Applicant is proposing a lot width of one hundred seventy-five (175) feet. Required lot width for the RR-5A zone is two hundred (200) feet. In addition. Section 179-30C states that lots abutting collector or arterial - 1 - roads require two (2) times the lot width permitted in the zone. Applicant is seeking relief of two hundred and twenty five (225) feet from the four hundred (400) feet required under Section 179- 30C. Applicant is seeking relief of one and seventy-nine hundredths (1.79) acres from Section 179-15C. which requires three (3) acres. The practical difficulty rests with the fact that this preexisting nonconforming parcel. created in 1976. according to deed abstract. is undersized for the current zoning requirements and does not meet the required lot width. This appears to be the minimum variance possible and it appears there is no other option available which would not require a variance. It would appear that the variance would not have a detrimental effect to the neighborhood or district. It would appear that the variance would not effect public facilities or services. With the exception of the lot width and area requirements. this proposal meets or exceeds all required setbacks for property lines, well. and septic and wetlands." MRS. EGGLESTON-And the Warren County approving, with the comment. "Concur Should we accept the SEQRA first. Ted? Planning Board returned. with local conditions". MR. TURNER-Yes. We've got to do that first. This application had to have a SEQRA Review done on it, and it was forwarded to the Planning Board as the lead agent in the review. and we have a resolution number AV 76-1993 which considered the application and came back with a negative declaration. So I would move that we accept that. MOTION TO ACCEPT THE NEGATIVE DECLARATION ON RESOLUTION NO. AV 176- 1993 GARY R. CARDIHALE FROM THE PLAlfHIRG BOARD. Introduced by Theodore Turner who moved for its adoption. seconded by Joyce Eggleston: Duly adopted this 21st day of October, 1993, by the following vote: AYES: Mr. Karpeles, Mr. Carvin. Mrs. Eggleston. Miss Hauser. Mr. Thomas, Mr. Turner NOES: NONE ABSENT: Mr. Philo MR. TURNER-Gary. how long have you owned this? MR. CARDINALE-A year. year and a half. less than two years. MR. TURNER-Okay. 1991, somewhere in there. early '92? MR. CARDINALE-Early '92. MR. TURNER-Again. this is a preexisting lot, and it would be grandfathered if it weren't in the APA and the Critical Environmental Area. So the relief sought is indicated. and I guess, does anyone have any questions of the applicant? MRS. EGGLESTON-My only question was. in the Environmental Assessment Form. it says. one question is. wetland. total acreage of wetland is .06 acres. and the total project acreage is .06 of an acre. Is that just coincidence, or is that correct? MRS. CIPPERLY-Are you in Section B? MRS. EGGLESTON-One point. yes. where it says, Project Acreage to be Developed. It says. .06. MR. CARDINALE-That we interpreted as being the footprint of the house and garage. Was that correct? MRS. EGGLESTON-Yes. the project. - 2 - -~, MR. CARDINALE-Okay. MRS. EGGLESTON-And then over on A., the amount of wetland is .06. MR. CARDINALE-What we did is we attempted to measure approximate seven or eight feet. The wetland itself was never defined. per see So we just took the length that it ran through the land. approximately 175 foot plus, established by the flags. and then about a six or eight foot area that it occupied. and did a square footage percentage on that. MRS. EGGLESTON-But the flag. the boundary line distinguishes what is the wetland. Yes. We used the boundary lines established by the APA. the flagging. and then the width of the property. and it just figured .06. I think it's just a coincidence. MRS. EGGLESTON-Okay. That's my only question. MR. TURNER-Does anybody have a concern. at this point. over the roadway? Double the lot width. He's got to have 400 feet. then he's got to have 225 feet. MRS. EGGLESTON-Did that have a zone change too, Ted? Although he bought it since the zone change. That really wouldn't apply. MR. TURNER-Yes. Here he's got to have 400 feet, and he's got to have 225 feet of relief. MRS. EGGLESTON-Yes. MR. TURNER-This was a preexisting lot. What we're saying is now it's required to have double the lot width, 400 feet. So he's got to have 225 feet of relief. That was put in the Ordinance to prevent a lot of curb cuts, arterial and collector roads. Any further questions of the applicant, from here. at this point? Okay. I'll now open the public hearing. PUBLIC HEARIHG OPENED NO COMMEHT PUBLIC HEARING CLOSED CORRESPOHDEHCE MRS. EGGLESTON-I have a letter from Christine Leone, Box 112 Ridge Road "Due to a previous appointment out of town. I will be unable to attend Thursday's meeting with regard to the above noted variance. I was also unable to visit the Town Center to look at the file so I have no idea of the specifics involved in this request. But. with the knowledge that is available to me. I have some concerns that I would like to express to the Board. They are as follows: The area in question is in direct proximity to a wetland. I was informed by the Queensbury Zoning Dept. that the APA would be making a determination regarding this variance. As this wetland continues across Ridge Road and courses directly through the entire Northern and Western perimeter of my property, I have major reservations as to building anywhere near it. It is also my understanding that 100 feet is required as a barrier to a wetland. If this variance supersedes that barrier. I would be directly opposed to it. The variance in question is asking for substantial relief from existing zone. The zoning calls for 3 acres. and the variance is requesting a reduction to approximately .66 acres. As I have stated. I do not know the size of the intended house nor if .i t conforms to the town set-backs. so my concerns must be interpreted by the board whether to be valid or not. As a property owner of a pre-existing non-conforming lot, 21- 1-17. also located on Ridge Road, I know first hand of the - 3 - frustrations that some zoning can create. I have been denied requests. and although disappointed. I could only agree with the Town's logic when I looked at the reasoning objectively. Zoning laws are created for a definite purpose. Directly across the road where there are lots that are 3 acres and up. When this sub- division was in front of the Town, residents in the immediate vicinity voiced strong opinions about keeping this area as open as possible. The owners complied and the sub-division was approved. I must rely on the Town's judgement regarding fairness and balance in granting this variance. Sincerely, Christine Leone" MR. TURNER-Okay. wetlands. I think our concerns are answered, about the MRS. EGGLESTON-Well. how about the barrier? Is there supposed to be a buffer or a barrier between wetlands? MR. TURNER-From the wetland? Yes, a setback. MRS. CIPPERLY-That's what the 100 foot setback is. MRS. EGGLESTON-So that's been addressed. MR. TURNER-Yes. MRS. EGGLESTON-It only has to be from the septic? Is that what you're saying. 100 foot setback. from the septic? MR. TURNER-Yes. MRS. EGGLESTON-Okay. So that's been answered. MR. TURNER-The D box is 100 feet from the wetland. MRS. EGGLESTON-Yes. MRS. CIPPERLY-Her concern about the lot size was based on an incorrect assumption there. She said the lot size was. MR. TURNER-Yes, that's wrong. MRS. CIPPERLY-That's actually the amount of relief that's being asked. MR. TURNER-Right. from this Board? Okay. Okay. Any further questions of the applicant Motion's in order. MOTIOH TO APPROVE AREA VARIAHCE HO. 76-1993 GARY R. CARDIHALE, Introduced by Fred Carvin who moved for its adoption. seconded by Joyce Eggleston: Grant relief of 225 feet from the 400 feet required under Section 179-30C. which states that lots abutting collector or arterial roads require two times the lot width. and I would also grant relief of 2.79 acres from Section 179-15C, which requires 5 acres. The practical difficulty rests with the fact that this is a preexisting nonconforming parcel, created in 1976, and is undersized for the current zoning requirements. and does not meet the required lot width. By granting this variance. this does appear to be the minimum request to eliminate this practical difficul ty. It would not appear that by granting this variance there would be any detrimental effect to the neighborhood or district, and there does not appear to be any effect on public facilities or services. and all the concerns regarding any public opposition have been addressed. Duly adopted this 21st day of October, 1993, by the following vote: AYES: Mr. Carvin, Mrs. Eggleston. Miss Hauser. Mr. Thomas, Mr. Karpeles. Mr. Turner - 4 - -- NOES: NONE ABSENT: Mr. Philo HEW BUSIHESS: AREA VARIAHCE HO. 84-1993 TYPE II HC-1A GOLUB SERVICES STATION. INC. OWHER: GOLUB PROPERTIES. IHC. CORNER OF AVIATION AND QUAKER HILL ROADS APPLICAHT PROPOSES TO PLACE A CANOPY OVER THE EXISTING GASOLINE PUMPS. EXISTING SETBACK IS FIFTY-SIX 56 FEET. PROPOSAL IS FOR FORTY-SIX (46) FEET. APPLICANT SEEKS RELIEF FROM SECTIOH 179- 28. TRAVEL CORRIDOR OVERLAY ZONE. WHICH REQUIRES A SEVEHTY-FIVE (75) FOOT FRONT SETBACK FROM AVIATION ROAD. (WARREN COUNTY PLAHNIHG) DATE: 10/13/93 TAX MAP HUMBER: 98-1-4 LOT SIZE: .75 ACRES SECTIOH 179-28 WALT DENICK. REPRESENTING APPLICANT. PRESENT STAFF IHPUT Notes from Staff. Area Variance No. 84-1993. Golub Services Station. Inc.. Meeting Date: October 21. 1993 "ADDRESS OF PROPERTY: corner of Aviation and Quaker Hill Roads SUMMARY OF PROJECT: Applicant proposes to place a canopy over the existing gasoline pumps. COHFORMAHCE WITH USEIAREA REGULATIONS: The existing setback is fifty-six (56) feet. proposal is for forty-six (46) feet. Applicant seeks relief of twenty-nine (29) feet from Section 179-28. the Travel Corridor Overlay Zone. which requires a seventy-five (75) foot front setback from Aviation Road. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES NOT ALLOW PLACEMENT OF A STRUCTURE WHICH MEETS THE ZOHING CODE. The canopy must be placed over the existing gasoline pumps. which do not meet the seventy-five (75) foot setback. 2. IS THIS THE MIHIMUM VARIAHCE HECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY. OR IS THERE AHY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE NO VARIAHCE? This is the minimum variance possible, and no other options appear available. 3. WOULD THIS VARIAHCE BE DETRIMENTAL TO THE OTHER PROPERTIES IH THE DISTRICT OR HEIGHBORHOOD? It does not appear this variance would cause any detriment. A similar canopy exists on the adjacent property. 4. WHAT ARE THE EFFECTS OF THE VARIANCE ON PUBLIC FACILITIES AHD SERVICES? There would be no impact on public facilities and services. STAFF COMMENTS AND COHCERNS: Staff has no further comment." MR. TURNER-Would you care to add to anything that was stated in your application. or are you satisfied with what you've stated? MR. DENICK-No. I think it's pretty straightforward. MR. TURNER-Pretty well said. MR. DENICK-Yes. MR. TURNER-Okay. simple. Any questions of the applicant? It's kind of MR. CARVIN-Who are we speaking to? MR. DENICK-Walt Denick. I'm the applicant on the application. MR. TURNER-All right. Any questions of the applicant? Okay. If there's no questions, I'll open the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED - 5 - MR. TURNER-No questions? Motion's in order. MR. CARVIN-Is this going to be a lighted canopy. by any chance? MR. DENICK-Yes. it is. MR. CARVIN-Okay. MR. TURNER-Any signage on it? MR. DENICK-No, nothing on the outside. The signage is already on the building up there. No signage on the outside. It would be six lamps underneath the canopy so it'll brighten up the whole area up there. MR. TURNER-Okay. I don't have a problem with it. MRS. EGGLESTON-I don't have any. MR. TURNER-Okay. Motion's in order. then. if all the questions are answered. MOTION TO APPROVE AREA VARIAHCE NO. 84-1993 GOLUB SERVICES STATION. IHC., Introduced by Joyce Eggleston who moved for its adoption, seconded by Theodore Turner: This would grant 29 feet relief under Section 179-28. which requires a 75 foot front setback from the highway. The practical difficul ty is in order to stay competi ti ve with other stations right in the general area. the canopies are necessary over the pumps. It's a minimum request. and no other options appear available. Also. by granting this variance, there would not be any detriment to the neighborhood or adjacent properties. and there would be no impact on public facilities and services. and there's no neighborhood opposition. Duly adopted this 21st day of October. 1993. by the following vote: MR. THOMAS-Didn't we condition the other one on Quaker Road, the corner of Quaker and Ridge. that if the road was widened? MR. TURNER-Yes. but the County didn't have any comment to this one. Evidently. they're not going to. MRS. EGGLESTON-I think on the other one they did. comments. They had MR. TURNER-They did on the other one. They had a comment. MR. MARTIN-The reason why I think they had a comment was because they knew for a fact that it was going to be widened. MR. TURNER-Yes. MRS. EGGLESTON-Yes. MR. MARTIN-The plans were already drawn. MR. THOMAS-They don't know for a fact they're going to widen that up there? MR. MARTIN-It's not a County route. It's a State route. Quaker Road's a County route. So they had direct knowledge of a widening. MR. THOMAS-This is on the County route isn't it? MR. MARTIN-No. MR. TURNER-No. - 6 - MR. MARTIN-No. it's a State route in there. Aviation. Route 254 in there is a State route. MR. THOMAS-Okay. That's the only question I had. MR. TURNER-Okay. AYES: Mr. Carvin. Mrs. Eggleston, Miss Hauser, Mr. Thomas. Mr. Karpeles. Mr. Turner NOES: NONE ABSENT: Mr. Philo AREA VARIANCE NO. 86-1993 TYPE I LC-42A CEA THOMAS KUBRICKY OWHER: SAME AS ABOVE JENNIFER LANE APPLICANT PROPOSES TO CONSTRUCT A HOUSE OH A PREEXISTIHG. NONCONFORMIHG. THIRTEEN AND SIXTY-SIX HUHDREDTHS (13.66) ACRE LOT. APPLICANT IS SEEKIHG RELIEF OF TWENTY-EIGHT AHD THIRTY-FOUR HUNDREDTHS (28.34) ACRES FROM SECTIOH 179-13A. WHICH REQUIRES FORTY-TWO (42) ACRES PER DWELLING. (ADIRONDACK PARK AGEHCY) (WARREN COUNTY PLAHHING) DATE: 10/13/93 TAX MAP NUMBER: 26-2-14.4 SECTION 179-13A DON KUBRICKY. REPRESENTING APPLICANT, PRESENT MR. TURNER-And on this one, this is a Critical Environmental Area. and it's in the APA. and I will move to make the Planning Board lead agency in the SEQRA Review. MOTION TO MAKE THE PLAHNIHG BOARD LEAD AGEHCY IH THE SEQRA REVIEW IH REGARDS TO AREA VARIAHCE NO. 86-1993 THOMAS KUBRICKY, Introduced by Theodore Turner who moved for its adoption. seconded by Joyce Eggleston: Duly adopted this 21st day of October, 1993, by the following vote: AYES: Mrs. Eggleston, Miss Hauser. Mr. Thomas, Mr. Karpeles. Mr. Carvin. Mr. Turner NOES: NONE ABSENT: Mr. Philo MR. TURNER-What that means is that now. gentlemen, this will go to the Town Planning Board, and after they review this application. it'll come back to us for the necessary variances. but we can't act on it until that is done. MR. KUBRICKY-Don Kubricky. MR. TURNER-This goes to the Town Planning Board for the SEQRA Review. all right, and any other involved agencies will be notified. okay. so if they have any input. they're going to get into it. So where it goes from there. I don't know. MR. KUBRICKY-Okay. So you're not prepared to act on it? MR. TURNER-We can't act on it until that review is done. MR. TURNER-The other thing that should be noted for the Board, we told Ted about this afternoon, is that upon further research earlier this week. we discovered that this lot had received a variance in the past for lot area. So it's a relief from 16 acres. as opposed to 42. because that was the previous variance on this lot. So we'll re-advertise this after we get it back from the Planning Board at the correct amount of relief. It's not relief from 42 acres. It's relief from 16. MR. KUBRICKY-Okay. So you're not prepared to act on it? - 7 - MR. TURNER-We can't act on it until this is done? MR. KUBRICKY-Okay. How long will that be? MR. TURNER-I'm not sure. can you get him on next month, or what? MR. MARTIN-We may be able to get him on next month. MR. TURNER-Okay. MR. MARTIN-The Planning Board will make the motion to accept lead agency status next week, and then they have to wait 30 days for the consent. MR. TURNER-For the other agencies. Yes. MR. MARTIN-Yes. MR. MARTIN-So hopefully it'll be November. If you call us tomorrow, we can give you an answer for sure. I don't have a calendar here to calculate it out. MR. KUBRICKY-Okay. Thanks very much. MR. TURNER-Okay. AREA VARIANCE HO. 93-1993 TYPE II SFR-1A HARRY & BETTY GOLDSTEIH OWNER: SAME AS ABOVE 14 MEADOW DRIVE APPLICAHT IS PROPOSING TO BUILD AN ATTACHED TWO (2) CAR GARAGE AHD IS SEEKING RELIEF OF SEVEH (7) FEET FROM SECTION 179-20C. WHICH REQUIRES A SIDE SETBACK OF TWEHTY (20) FEET. TAX MAP NUMBER: 58-3-16.1 LOT SIZE: 0.778 ACRES SECTION 179-20C HARRY GOLDSTEIN. PRESENT STAFF INPUT Notes from Staff, Area Variance No. 93-1993. Harry & Betty Goldstein. Meeting Date: October 21. 1993 "ADDRESS OF PROPERTY: 14 Meadow Drive SUMMARY OF PROJECT: Applicant proposes to construct an attached twenty-two (22) foot wide garage eighty-two hundredths (.82) on an 0.778 acre site. CONFORMAHCE WITH USE/ AREA REGULATIOHS: Since there is a distance of only thirty-five (35) feet between the existing house and the side lot line. the proposed garage cannot be sited without a variance. Applicant seeks relief of seven (7) feet from Section 179-20C. which requires twenty (20) feet setback to the side lot line. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES HOT ALLOW PLACEMENT OF A STRUCTURE WHICH MEETS THE ZONING CODE. Applicant wishes to build a twenty-two (22) foot wide garage, and has only thirty-five (35) feet between the house and the side lot line at the closest point. 2. IS THIS THE MIHIMUM VARIANCE NECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY. OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE HO VARIANCE? This is the minimum variance necessary to site this garage. Other potential locations are occupied by either the septic system or a drainage easement. Due to the fact that the house has no basement, applicant considers this size garage the minimum necessary to provide adequate storage space. 3. WOULD THIS VARIAHCE BE DETRIMEHTAL TO THE OTHER PROPERTIES IH THE DISTRICT OR NEIGHBORHOOD? There would be no apparent detriment associated with this project. 4. WHAT ARE THE EFFECTS OF THE VARIAHCE ON PUBLIC FACILITIES AND SERVICES? This project would have no effect on public facilities and services. STAFF COMMENTS AND CONCERNS: Because of the lot line angle. the requested seven (7) foot variance represents the maximum amount of variance needed. At the rear of the proposed garage. the setback can be met. The garage will be screened from the adjoining lot by the existing mature trees and shrubs." MR. CARVIN-Before we get started here. Ted. I'm looking at their - 8 - ~-~ map. and I can't. if this is the lot, this is something that I think that I'd like to address to Jim. I mean, there's no north on this. There's no driveway. I can't make this lot fit this configuration. It looks like it's a reverse angle. I mean. if this thing fits. I guess it would have to go this way, and if that's the case. MR. TURNER-The road is there. MRS. EGGLESTON-Where's the road? It's not marked. MR. TURNER-Right there. MR. CARVIN-Okay. but that doesn't agree with this. MRS. EGGLESTON-Well. no, because then the garage would be way around in back. MR. CARVIN-That's what I'm saying. MRS. EGGLESTON-This can't be right. You're saying the road's here? MR. CARVIN-The road's on the 150. right? MR. TURNER-The road's on the west. MR. CARVIN-Well, if you look at this, and the road is on the 150, then the angles are all wrong. The house is reversed. MRS. EGGLESTON-That's right. MR. CARVIN-So. I mean. I'd like to really look at this, but I mean, it's, I mean. I'm looking at a negative. MR. TURNER-Yes. MR. CARVIN-So where's the garage? MR. GOLDSTEIN-May I come up and take a look at that? MR. TURNER-Yes. Sure. MR. CARVIN-Absolutely. I mean, this doesn't, do you see what I'm saying? This is your lot, okay. but this point should be up here. This is the 206 on this side. What I'm saying is. this looks reversed. MR. GOLDSTEIN-It's 106 here, and 202. You've got 200 here. MR. CARVIN-Well. that's what I'm saying. measurements match. None of these MR. GOLDSTEIN-Yes. 150. MR. CARVIN-Okay. I agree there. MR. GOLDSTEIN-206, 202, this one says 200. MR. CARVIN-Two hundred here. MR. GOLDSTEIN-And this is 200. MRS. EGGLESTON-That line's straight over there. MR. CARVIN-This is a straiqht line. I mean, this one is not drawn to scale, and you should have a north on here. MR. GOLDSTEIN-Okay. North is here. MR. CARVIN-Okay. All right. So where's your driveway going to be? - 9 - Is that going to come right straight out here? MR. GOLDSTEIN-There's an intermittent stream that comes right across there. MR. CARVIN-Okay. MR. GOLDSTEIN-And it's only 18 feet from here to the stream. MR. CARVIN-Yes. I don't know if you make the copies or they make the copies. but what is this notation here, and this notation there? MR. GOLDSTEIN-This is a stream right through here. MR. CARVIN-Is that what that, what does it say. drainage something? MR. GOLDSTEIN-Yes. It's a drainage ditch. It comes all the way across here. MR. CARVIN-Okay. MR. GOLDSTEIN-There's an easement. MR. CARVIN-Okay, and then this? MR. GOLDSTEIN-This is, the drainage easement comes right through here. MR. CARVIN-Okay. MR. GOLDSTEIN-And it's 18 feet from this corner to the bank. and 20 feet to the stream. MR. CARVIN-Okay. MR. GOLDSTEIN-Nothing can be built there, and like I say. it comes down on a cross. MR. CARVIN-Okay. MRS. EGGLESTON-Is that the whole lot that. you own? MR. GOLDSTEIN-Yes. MRS. EGGLESTON-Well, what is the 7.78 acres, lot size? MR. GOLDSTEIN-No. That's a mistake. It's .78. MR. MARTIN-It's a misplaced decimal point. MRS. EGGLESTON-Okay. of the application. acre. So for the record. I'll correct the reading Lot size is not 7.78 acres. It's .778 of an MR. CARVIN-Okay. Thank you. MR. KARPELES-Was this a red house? MR. GOLDSTEIN-Yes. it is. MRS. EGGLESTON-There's no garage under that house? MR. TURNER-No. MR. GOLDSTEIN-No, and no full cellar. MRS. EGGLESTON-Is that. is there a reason for that, or you just didn't build one? - 10 - --- MR. GOLDSTEIN-We bought it as is, without realizing. like a bigger lot than it actually is. It looked MR. TURNER-How long have you owned it, Mr. Goldstein? MR. GOLDSTEIN-A year ago. MR. TURNER-Okay. MR. CARVIN-Is this going to be a two car garage? MR. GOLDSTEIN-Yes. MR. CARVIN-Okay. because I noticed there was three cars out there the other day when lout there. MR. GOLDSTEIN-We only have two. MR. CARVIN-Okay. MR. TURNER-Does anyone else have any questions? Okay. Let me open the public hearing. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. TURNER-Okay. Motion's in order. MOTIOH TO APPROVE AREA VARIAHCE HO. 93-1993 HARRY & BETTY GOLDSTEIN. Introduced by Chris Thomas who moved for its adoption, seconded by Linda Hauser: Grant them a variance from Section 179-20C, for a variance for seven foot that requires twenty foot setback for a garage. There's no other place on the lot that this garage can be built. This seems to be the minimum variance necessary to alleviate the problem that they have. It doesn't seem to be detrimental to the neighborhood. and there's no effect on public services. Duly adopted this 21st day of October. 1993. by the following vote: MR. CARVIN-Just one question. Again, I'm looking at the map, and I still have a problem here because he's showing a 13 foot, and also a 21 foot, if that's the straight side. MR. THOMAS-Maybe the house is cocked. MR. CARVIN-Is the house? MRS. EGGLESTON-It looks straight. MR. CARVIN-It looks straight on the map. In other words. you're showing a 13 foot here and 21 feet there. MR. GOLDSTEIN-Yes. well, this. the lot goes at an angle. MRS. EGGLESTON-Well. not according to you've got your garage is straight. See, that's why we're confused. See, your property. You see that? this. See. that side where The angle is on this side. the angle's on this side of MR. GOLDSTEIN-Now, lets see, what is this foot here? MR. CARVIN-Yes, that's your garage. That's the 22 feet, but off the property line. MR. GOLDSTEIN-I know from this point to the fence is 34 and a half - 11 - feet, to the marker. There's a marker right here. MRS. EGGLESTON-See, he's got this on a grade, like, and this thing isn't. This side of the lot isn't graded. MR. CARVIN-Maybe Chris is right. Maybe the house is at an angle. MR. GOLDSTEIN-It could be at an angle. MR. TURNER-Yes, it would have to be. It would have to be at an angle. MR. CARVIN-Okay. I guess that's got to be the only explanation then. It's got to be that it's on an angle. MR. GOLDSTEIN-Yes. back here. You're right. It is closer here than it is MR. CARVIN-Okay. AYES: Miss Hauser. Mr. Thomas, Mr. Karpeles, Mr. Carvin, Mrs. Eggleston, Mr. Turner NOES: NONE ABSENT: Mr. Philo AREA VARIANCE NO. 90-1993 TYPE II SFR-IA THOMAS & ELIZABETH NACE OWNER: SAME AS ABOVE 30 OWEN AVENUE APPLICAHT IS PROPOSING TO CONSTRUCT A ONE HUNDRED NINETY-TWO (192) SQUARE FOOT SHED. AHD IS SEEKING RELIEF OF THIRTEEN (13) FEET FROM SECTION HUMBER 179-20C. WHICH REQUIRES TWENTY (20) FOOT SIDE AND REAR SETBACKS. TAX MAP NUMBER: 76-2-1.1 LOT SIZE: 0.57 ACRES SECTION 179-67A(1)(b) THOMAS NACE, PRESENT STAFF INPUT Notes from Staff. Area Variance No. 90-1993. Thomas & Elizabeth Nace, Meeting Date: October 21, 1993 "ADDRESS OF PROPERTY: 30 Owen Avenue SUMMARY OF PROJECT: Applicant proposes to construct a storage shed over one hundred (100) square feet on a preexisting, nonconforming lot. Project does not meet current setbacks as proposed. CONFORMANCE WITH USEIAREA REGULATIONS: Section 179- 67 A ( 1 ) (b) requires side and rear setbacks of twenty (20) feet. Applicant proposes side and rear setbacks of seven (7) feet. and is seeking relief of thirteen (13) feet in each case. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES HOT ALLOW PLACEMENT OF A STRUCTURE WHICH MEETS THE ZOHIHG CODE. It would be possible to place the structure and meet the zoning code. Applicant states that doing so would intrude too much into useable yard and will require removal of mature hardwood trees. 2. IS THIS THE MINIMUM VARIANCE HECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY. OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE HO VARIANCE? This is the minimum variance needed to place the shed in the applicant's preferred location. There appears to be alternative locations which would require no variance. 3. WOULD THIS VARIANCE BE DETRIMENTAL TO THE OTHER PROPERTIES IH THE DISTRICT OR NEIGHBORHOOD? To date, there has not been any comment from the adjoining landowners. who would have the most potential for being affected. 4. WHAT ARE THE EFFECTS OF THE VARIANCE ON PUBLIC FACILITIES AHD SERVICES? There would be no effect on facilities or services. STAFF COMMEHTS AND COHCERNS: Staff has no further comment." MR. TURNER-Tom, anything further to add? MR. NACE-No. I've provided you with a letter from my next door neighbor to the west. - 12 - MR. TURNER-Yes. We'll read that when we get to Correspondence. Okay. I guess I'd ask you to make a comment as to other locations. MR. NACE-There are other locations. obviously. if you've looked at the lot. However. all of them would put the shed out into the lot where it would be more visible from the road. more visible from the neighbor's property, and would be. I think, less in keeping with the nature of the subdivision. I've talked to my neighbor to the south, Mrs. Mary Sicar. It was her parent's house. the Behans. I talked to her last night. I finally tracked her down, and she has no objection to it. The house is presently rented. They're moving back into the area. and moving into the house sometime this winter. but I discussed it with her. and she had no objection to the proposed location. MRS. EGGLESTON-When did you buy the property. Mr. Nace? MR. NACE-In June. MRS. EGGLESTON-Of this year? MR. NACE-Yes. MR. CARVIN-When I was out there the other day, there was a boat. I believe. on your property. Is that your boat? MR. NACE-Yes, it is. It's a sailboat. yes. MR. CARVIN-Okay. storage? Is that going to remain there. is it. for MR. NACE-Yes. It remains there in the winter. only in the winter. Again. I've talked to the next door neighbor that that's close to, and that's who you have the letter from. They have no objection to the storage of it there. MR. TURNER-Does anybody else have any questions? Okay. open the public hearing. Let me PUBLIC HEARIHG OPENED MICHAEL DAIGLE MR. DAIGLE-I'm Michael Daigle. I came to support Mr. Nace. I came to support his motion for the fact that where he's going to place the shed. I think. is the best place to put it, for my benefit. for visual, and for his benefit. If he did have to put it 20 feet either way, I think that it would be far more visible to both of us. I think for all neighbors. actually. There's a set of trees in the back there. MRS. EGGLESTON-Which lot is yours? MR. DAIGLE-Twenty-eight. It's the one to the south. MR. NACE-Yes. It's the one to the south. MRS. EGGLESTON-The one marked Behan? MR. NACE-The Behan house. yes. MRS. EGGLESTON-And you're a tenant there? MR. DAIGLE-No. I own it. MRS. EGGLESTON-You own it. Okay. MR. DAIGLE-The fact that. if he had to put it 20 feet from both sides, it would be. basically, ugly. If you can put it back in the corner. he's going to paint it brown. It will be far more blended - 13 - - ~ into the scenery. In fact. I would oppose it actually being both 20 feet out. MR. TURNER-Well. he wouldn't have any opposition at 20 feet. He wouldn't have to be here. MRS. EGGLESTON-No. The only thing I really noticed was this house over here. on the other side of Crestwood, really has a nice view of woods and trees all down through those two back yards, and that's really going to disrupt that. MR. NACE-The Daily house is what you're talking about. MRS. EGGLESTON-Well. across Crestwood Drive. on the other corner. MR. NACE-Yes. It's a split. sort of a split level. MRS. EGGLESTON-Yes. MR. NACE-Those are the Daileys, and I've talked to them. They're very good neighbors. and they have no objections. MR. CARVIN-Mr. Nace. is there going to be electricity or anything like that out in that little shed, do you know? MR. NACE-I'll probably run buried electric to it. if I do at all. MR. CARVIN-Yes. but it's not going to be a workshop. just for automobiles? MR. NACE-No. just for storage of snowblower. and lawnmower. MRS. EGGLESTON-These people over here would have been notified. right? MR. TURNER-Yes. MRS. EGGLESTON-Actually. as I looked at the property. I thought to myself that was probably the best place to tuck it. but you have to look at everything there. MR. NACE-If I can divulge a minute. Daileys did get a notice. Your tax department doesn't have all their records up to date. MR. TURNER-It's on there. MRS. EGGLESTON-Okay. MR. NACE-The same happened with the Behan property next door. It's listed in three names. The Behan children. when in fact. it's. I guess, already transferred. MR. TURNER-Okay. All the questions answered? Okay. CORRESPONDEHCE MRS. EGGLESTON-From Constance Cutner, a next door property there, "Our side property at 2 Crestwood abuts the back yard of the Nace property. We will not restrict the Naces in any way in their choice of shed location." MR. TURNER-What's the hardship? MRS. EGGLESTON-Yes. MR. TURNER-Do you want them to cut the trees down. move it over the 20 feet. or do you want them to move it to another location, where maybe it's more visible? MRS. EGGLESTON-It's a matter of want. It's only a matter of want. - 14 - --- MR. TURNER-Yes. right. MRS. EGGLESTON-I don't see any difficulties to it. MR. CARVIN-According to our instructions. we have to balance the good of the applicant against the neighbor. The neighborhood says it's worse to move it into the center of the yard. MRS. EGGLESTON-Okay. MR. TURNER-Okay. MOTIOH TO APPROVE AREA VARIANCE NO. 90-1993 THOMAS & ELIZABETH NACE. Introduced by Robert Karpeles who moved for its adoption. seconded by Joyce Eggleston: That we grant 13 feet relief from the 20 foot required setback on both the side and the rear of the property. This appears to be the least objectionable place to place the shed. and the neighbors do not object, and in fact they support this location. This variance would not be detrimental to any other properties in the district or neighborhood. There are no effects on facilities or services. Duly adopted this 21st day of October. 1993, by the following vote: AYES: Mr. Carvin, Mrs. Eggleston, Miss Hauser, Mr. Thomas. Mr. Karpeles. Mr. Turner NOES: NONE ABSENT: Mr. Philo AREA VARIANCE NO. 91-1993 TYPE II WR-1A JOANHE & STEPHEH SEELEY OWHER: SAME AS ABOVE SUHNYSIDE NORTH. OFF BAY ROAD APPLICANT PROPOSES TO BUILD A STORAGE SHED GREATER THAH ONE HUNDRED (100) SQUARE FEET. AND SEEKS RELIEF OF SEVENTEEH AHD ONE-HALF (17.5) FEET FROM THE TWEHTY (20) FOOT SIDE SETBACK AHD TWELVE (12) FEET FROM THE TWENTY (20) FOOT REAR YARD SETBACK REQUIRED BY SECTION 179-16C. APPLICAHT IS SEEKIHG RELIEF OF EIGHTEEH (18) FEET FROM SECTION 179- 60B. WHICH REQUIRES A SEVENTY-FIVE (75) FOOT SHORELINE SETBACK. TAX MAP NUMBER: 49-2-7 LOT SIZE: .20 ACRES SECTION 179-16C JOANNE & STEPHEN SEELEY, PRESENT STAFF IHPUT Notes from Staff, Area Variance No. 91-1993. Joanne & Stephen Seeley. Meeting Date: October 21,1993 "ADDRESS OF PROPERTY: Sunnyside North SUMMARY OF PROJECT: Applicant proposes to build a storage shed in excess of one hundred (100) square feet and cannot meet the required setback. CONFORMANCE WITH USEIAREA REGULATIONS: Section 179-16C requires fifty (50) feet total side setbacks. with a minimum of twenty (20) feet on one side. and a twenty (20) foot rear setback. Applicant is seeking relief of seventeen and one-half (17.5) feet from the side setback and twelve (12) feet from the rear setback. Applicant is seeking relief of eighteen (18) feet from Section 179-60B. which requires a seventy- five (75) foot shoreline setback. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES HOT ALLOW PLACEMEHT OF A STRUCTURE WHICH MEETS THE ZOHING CODE. Due to placement of existing house and septic system. plus the size and nature of the lot, it appears impossible to place the proposed shed without a variance. 2. IS THIS THE MIHIMUM VARIANCE NECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY. OR IS THERE AHY OTHER OPTIOH AVAILABLE WHICH WOULD REQUIRE NO VARIAHCE? It appears that the only other option which would require no variance would be to not build the shed. 3. WOULD THIS VARIANCE BE DETRIMENTAL TO OTHER PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD? It does not appear that there will be any adverse effect on the district or neighborhood. 4. WHAT ARE THE EFFECTS OF THE VARIAHCE ON PUBLIC - 15 - --- -- FACILITIES AND SERVICES? It does not appear that there will be any effect on public facilities and services. STAFF COMMENTS AND CONCERNS: Staff has no further comment." MR. TURNER-Okay. Does anyone have any questions? MR. CARVIN-Now. there's an existing shed there, is that correct, or is that the one? MRS. EGGLESTON-That's the one. MR. TURNER-That's the shed. MR. CARVIN-How long have you been working on that? MR. SEELEY-There was an old existing shed on the property, quite a bit smaller. and I started making it larger, like I told you. Were you up the other day? MRS. EGGLESTON-Yes. MR. TURNER-Yes. MR. SEELEY-And a friend of mine. I happen to work for the Town, he says, you better look into it. I think there's a variance for, you know, a size problem. You have to have a permit. So I stopped work on it. but it's been that way for quite a while. and getting the paper work in, working in Albany, that's why it's taken me so long to really do anything with it, but it's not like I kept building as I was waiting for everything. MR. TURNER-When did you start it, Mr. Seeley, start working on it? MR. SEELEY-It's been there about a year. I think. MR. TURNER-Has it? MR. SEELEY-Yes. MRS. EGGLESTON-Do you plan to make it look nicer? MR. SEELEY-Yes. MRS. EGGLESTON-I mean, it's been there a year and it still looks like that? MR. SEELEY-Well. I didn't dare do anything. MRS. EGGLESTON-Well. only for the past month, but it's got all different colored boards on it. if I remember right, a white board up on the top, and then different boards. MR. SEELEY-No. it was just plywood that I was. no, it's going to look like the house. MRS. EGGLESTON-What are you going to put on the outside of it, to make it look? MR. SEELEY-Pine. rough pine, and then I'm going to stain it brown like my house. Not like it is now. MRS. EGGLESTON-Will you be able to complete that project within, say, a month? It's not going to, like, take another year to get the rest done so it's going to look like that? MR. SEELEY-No. MRS. EGGLESTON-I mean, you're going to make it look nice? MR. SEELEY-Yes. I understand. - 16 - "-- ---- MR. TURNER-Are you going to run electrical power to the shed? MR. SEELEY-No. I have no plans. MR. TURNER-No plans at all? MR. CARVIN-Does the power line go right over the shed? Because I noticed. when I was out there that it. MR. SEELEY-To my home? MR. CARVIN-No, the power line right over the top of the shed. MR. SEELEY-No. That's about three or four feet. MR. CARVIN-When I looked at it. I marked that it appears the power line and the guide wires are very near to that shed. MR. SEELEY-Yes. The guide wires come right by it. The power lines stay pretty close to the road. and I've got underground service to my house. MR. CARVIN-The other thing I had was it looks like it's awful close to those trees. and that's why I was wondering if you were going to take that shed down and put. but that's the shed. MR. TURNER-The underground runs right under the shed, now. according to this drawing. MR. SEELEY-Right. posts. It runs underneath it. That shed. it's up on MR. TURNER-All right. All right. Any further questions of anybody else? Okay. Let me open the public hearing. PUBLIC HEARING OPENED NO COMMEHT PUBLIC HEARING CLOSED CORRESPONDEHCE MRS. EGGLESTON-"No objection". Lee Barton and Betty Barton. and "No objection" Victoria Barton and Kim Barton MR. TURNER-Where are they in relation to you? MR. SEELEY-Down the road. really. MR. TURNER-How far? MR. SEELEY-About five or six houses down. MRS. EGGLESTON-Do you own both those houses? You were, like. going back and forth that day I was there, from one to the other. MR. SEELEY-Yes. ma'am. MRS. EGGLESTON-Are you rebuilding the other one. too? MR. SEELEY-Well, if you saw what will, yes. Yes. bad it was. yes. I've owned that one awhile, and I just ended up. was inside it, as far as the. yes, eventually I I'm getting the outside shaped up because of how MRS. EGGLESTON-And is this shed going to. is that a separate piece of property? MR. SEELEY-Yes. It is. - 17 - - MRS. EGGLESTON-And is this the only shed that you're going to need? This is going to take care of both properties? MR. SEELEY-Yes. MRS. EGGLESTON-You're not going to come back and want another shed on the other? MR. SEELEY-No. This is it. MRS. EGGLESTON-There's really not an awful lot of room there. MR. SEELEY-No, there isn't. No. MRS. EGGLESTON-Okay. MR. KARPELES-Well, when I drove by. it seemed to me that that's, awfully, awfully close to the road. I'm surprised that none of the neighbors object to this. I thought it was objectionable, myself. MRS. EGGLESTON-Well. the look. It doesn't look good. MR. KARPELES-Well. even if it were fixed up right. I think it would be objectionable. in that location. MRS. EGGLESTON-Yes. MR. KARPELES-If that's really the only location you have for a shed, I think you'd be better off without one. myself. MRS. SEELEY-What are you supposed to do with everything? That's where we keep the supplies, the lawnmower. We have five kids. We don't have a garage. MRS. EGGLESTON-Are there basements under those houses? MRS. SEELEY-The basement is unavailable. downstairs. The boys' room is MR. CARVIN-You own the lot to the south. then. right? MRS. SEELEY-Over here. MR. TURNER-You know what bothers me is this map doesn't have any dimensions on it at all. MRS. EGGLESTON-No. MR. TURNER-Not even a scale. MRS. CIPPERLY-The original of that map was on graph paper. MR. TURNER-Were there any dimensions of the lot size, or? MRS. CIPPERLY-There was a per square. Each square was exactly one foot. MR. TURNER-It didn't come through. When we xeroxed it, the squares didn't show up. MR. TURNER-Was it done to scale originally? MR. SEELEY-Yes, it was. MR. TURNER-What's the size of the lot? MR. SEELEY-I think it's 100 by 85. or 80 wide. MR. TURNER-Eighty at the road? - 18 - -- MRS. EGGLESTON-Yes. MR. TURNER-One hundred feet on. where? MR. SEELEY-The lake. MR. TURNER-One hundred feet on the lake, across this way? What's the depth of the lot going this way, going towards the lake from the road? Have you got an idea? MR. SEELEY-I think it's close to 100. graph, and I had. Like I said, I had it on MR. TURNER-What did you say, each block is, what? MRS. EGGLESTON-Down on the bottom. Ted, it's one foot, each block equals twelve inches. MR. TURNER-Okay. but if I was to look at that, I'd say that that's 12 inches. MR. CARVIN-Yes. me. too. MRS. EGGLESTON-Yes. MR. TURNER-That's the only block on there. Mr. Seeley, elevation of land drops 18 inches. It's 24 inches at the line, all right. Could you come up here a minute, please. Right in this area here, how far back could you move it, if you had to move it back there, to get it away from the road? MR. SEELEY-I can move it back. it's right about where the trees start. MR. TURNER-Yes. What's that dimension from there to there? MR. KARPELES-I've got about 17 that way. MR. TURNER-What is it from your front property line to this line here, and how much is it, then. from there to there? MR. SEELEY-It's an extra 12 feet back. MR . TURNER-Twelve feet, and that's fairly flat right there? I looked at it, but I don't remember it. Is it fairly flat right here? MR. SEELEY-Yes. It's eight off the road. MR. TURNER-My question to you would be, why did you start, you explained there was an old shed there. All right. Where was the old shed, in relation to the new shed? Where was the footprint of it? MR. SEELEY-It was right in here on posts. area. It was right in this MR. TURNER-Right here? MR. SEELEY-Yes. MR. TURNER-Maybe like that? Something like that? And how big was that? MR. SEELEY-It was more or less just a garbage shed. MR. TURNER-Okay. Have you got an idea how big it was? Four here, eight there? Yes, and this is all on stilts now. then, right? MR. SEELEY-Yes. - 19 - -- --'- MR. TURNER-Is it just blocked up. or is it driven in the ground? MR. SEELEY-Four by fours. MR. TURNER-Are they in the ground? In the ground. Okay. Concrete footings under them? MR. SEELEY-No. MR. TURNER-You just drove them in the ground and cut them off at the elevation you wanted? MR. SEELEY-Yes. I put them in. MR. TURNER-I guess my concern is that you're so close to the road here. If you had room enough, you should have put it back here. I know you've got some problems with the property at this point. from there down, but you have room enough to move it back. At this point. what can you do about it? MRS. EGGLESTON-Mr. Chairman, we'd like to have them table this and come back with all the correct information, if everybody else would agree. MR. TURNER-I would agree to that. MRS. EGGLESTON-The front of the application isn't filled in. The location, the description. the size of the lot, the map's not complete. in that there's no dimensions on the building. and all of that type of thing. and it just seems that there's a lot lacking. How does everybody else feel about that? MR. TURNER-I don't have a problem with that. but let me just tell you what he explained to me. See. these four by fours are driven into the ground and they're cut off at a level elevation. All right. So he could put his floor on. Okay. His old shed was right there. and it was four foot wide and eight foot long. and he's got 12 feet more from here to here that he could move that shed back. He says he could move it back. MRS. EGGLESTON-He'd still need the side yard. though. MR. TURNER-He'd need the side yard. and the front. but I mean. you know. he's only eight feet from the road. MRS. EGGLESTON-Right. where it belongs. get it then was going to dimensions. So why don't we say. go back. put the. back the correct dimension from the water. where si t, and all that type of thing, and the MR. TURNER-Yes, I would agree to table it. How do you guys feel? MR. THOMAS-I think it's a good idea. dimensions on there. It should have all the MR. TURNER-We shouldn't have to sit here. MRS. EGGLESTON-And try to figure it out. At one point. Jim. we had a discussion where we weren't going to let these get on the agenda without all the necessary information. Are you still doing that. or trying to do that? MR. MARTIN-Trying to do that. Joyce. MRS. EGGLESTON-Okay. MR. MARTIN-We'll continue to try and improve on that. MRS. EGGLESTON-Yes. Thank you. - 20 - -' MR. TURNER-Okay. MOTIOH TO TABLE AREA VARIANCE NO. 91-1993 JOANHE & STEPHEN SEELEY, Introduced by Theodore Turner who moved for its adoption, seconded by Joyce Eggleston: Until the applicant provides the Board with the correct dimensions on the map. the setbacks to scale. and also at the same time indicate to the Board his ability to move the shed back away from the road farther than his application is presented tonight. That includes the size of the lot. how many feet from the water the shed will be. all of the dimensions. so that we have it all in front of us. Duly adopted this 21st day of October, 1993. by the following vote: AYES: Mr. Thomas. Mr. Karpeles, Mr. Carvin. Mrs. Eggleston. Miss Hauser. Mr. Turner NOES: NONE ABSENT: Mr. Philo MR. MARTIN-I'd just remind the applicant. you have 60 days on a tabling. If we don't get the information within 60 days. then you lose your status, and you have to start allover again. AREA VARIAHCE NO. 97-1993 TYPE II RR-3A JAMES G. MARSHALL OWNER: SAME AS ABOVE COUHTRY CLUB ROAD APPLICAHT IS PROPOSING TO CONSTRUCT AN ATTACHED GARAGE OF ONE THOUSAHD FORTY (1.040) SQUARE FEET. AND SEEKS RELIEF ONE HUHDRED FORTY (140) SQUARE FEET FROM SECTIOH NUMBER 179-7. WHICH STATES THAT A PRIVATE GARAGE SHALL NOT EXCEED HIHE HUNDRED SQUARE ( 900 ) SQUARE FEET IH AREA. (WARREH COUNTY PLANNING) DATE: 10/13/93 TAX MAP NUMBER: 60-7-6.32 LOT SIZE: 23 ACRES SECTION 179-7 TINA MARSHALL, REPRESENTING APPLICANT. PRESENT MRS. EGGLESTON-And the Warren County Planning Board returned, "No action could be taken on this project due to the fact that a majority vote could not be achieved because 2 members abstained due to conflicts of interest." STAFF INPUT Notes from Staff. Area Variance No. 97-1993. James G. Marshall. Meeting Date: October 20, 1993 "ADDRESS OF PROPERTY: Country Club Road SUMMARY OF PROJECT: Applicant proposes to construct a one thousand forty (1.040) square foot garage attached to new building/home on an eleven and one-tenth (11.10) acre site. Applicant intends to purchase an additional eleven and two hundredths (11.02) acres for a total of twenty-two and twelve hundredths (22.12) acres. COHFORMANCE WITH USEIAREA REGULATIOHS: Section 179-7 limits garage size to nine hundred (900) square feet. Applicant seeks relief of one hundred forty (140) square feet. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES NOT ALLOW PLACEMENT OF A STRUCTURE WHICH MEETS THE ZONING CODE. Applicant's plans for horses require full sized pickup trucks to transport horses and feed. so a larger garage is needed to accommodate these in addition to automobiles. 2. IS THIS THE MINIMUM VARIANCE HECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY. OR IS THERE AHY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE NO VARIAHCE? Applicant appears to be asking the minimum variance necessary to meet anticipated needs. The option of building an additional structure exists. but does not appear to be a reasonable alternative. 3. WOULD THIS VARIANCE BE DETRIMEHTAL TO THE OTHER PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD? It does not appear that there would be any detrimental effects, considering the large and secluded nature of the site. 4. WHAT ARE THE EFFECTS OF THE VARIANCE OH PUBLIC FACILITIES AHD SERVICES? There - 21 - -- would be no effects on facilities and services. STAFF COMMENTS AND CONCERNS: The applicant has stated a need for this proposed oversized garage in order to house additional vehicles needed for transport and maintenance of horses. It would not appear. given the location. that any adverse effects would occur. The alternative of constructing a separate building to house the necessary vehicles would seem likely to have more of an impact than the one hundred and forty (140) excess square feet proposed." MR. TURNER-What size is the truck you're going to use? MRS. MARSHALL-It's a Ford Pickup. and it's 21 feet long, and there are two pickups that we own, and a van. MR. TURNER-The Ford truck is 21 feet long? MRS. MARSHALL-Yes. it is. MR. TURNER-What is it. a van? MRS. MARSHALL-It's an extended cab. MR. TURNER-Is it a one ton? Is it an F350? MRS. MARSHALL-It's an F450. MR. TURNER-Centurian? MRS. MARSHALL-It's a Ford. MR. TURNER-It's a Ford. but is it a Centurian Ford? MRS. MARSHALL-I don't know. MR. TURNER-Could we have your name for the record. MR. TURNER-Tina Marshall. Mrs. James Marshall. MR. TURNER-She's the owner. the owner's wife. MRS. EGGLESTON-Okay. Right now. there's nothing on this piece of property. right? MRS. MARSHALL-We're building a new home. The foundation is in. MRS. EGGLESTON-The foundation is in? MRS. MARSHALL-The foundation is in. MR. KARPELES-Where is the foundation? I never could find it? MRS. MARSHALL-It's the Dana Bray Farm. Braywood Farms, right down the street here. MR. KARPELES-Yes. well I know it was right next to the Country Club barns. but I didn't know which side of the barn? MRS. MARSHALL-It's this side. The north side. There's a chain link fence there. That's the entrance that we'll use to get down to the house. MRS. EGGLESTON-So the property sits way back off the road? Is that the one that goes way back in? MRS. MARSHALL-The house is 600 feet down that. Yes. The only people that can see our house is the back side of the last building on Canterbury Woods. MR. KARPELES-Yes. map. There's no way you could find this from this - 22 - - MR. CARVIN-These maps are terrible. I looked at it, I thought it was right out on the road. to be very honest with you. MR. KARPELES-I tried to figure out where it was. MRS. MARSHALL-You can't see the house from the road. MR. TURNER-Yes, I know. but you know we're supposed to look at the si te. and if you don't provide the information on there, the correct information that we need to look at the site, some people can't find it. MRS. MARSHALL-Well. we sat down and talked to Jim Martin, and he sort of took us through this whole thing. and told us what was necessary. MRS. CIPPERLY-What we tried to show on the location map was that the whole parcel goes between Country Club and Bay. MR. CARVIN-When I see next door to Glens Falls Country Club Maintenance barn on the north side, I'm assuming it's on the highway. I don't realize it's 600 feet off the road. MRS. MARSHALL-Well. the access is right next to the Maintenance building, but the house sits 600 feet down from there. MR. TURNER-Yes. but that should have been in there, so that they knew where it was. MRS. MARSHALL-I'm sorry. We didn't know that. MR. TURNER-I knew where it was. We're going to get at you again tonight. Jim. MR. KARPELES-Where is the road? I don't even know where the road is. MR. MARTIN-If you go down Country Club Road. there's a chain link fence that encases a very narrow driveway, it's like a 50 foot wide width, from fence to fence. MR. TURNER-Yes. but you've got to understand. a lot of people have never lived here all their lives. and they don't know where it is. Maybe the natives would. but the guys that come in 20, 30 years after the fact. forget it. MR. MARTIN-We are going to start, we're going to have those red fluorescent signs for you next month. that will show, variance sought here, or whatever. MRS. EGGLESTON-Chris, you want to look at this map she said would help. MRS. MARSHALL-That's our first story floor plan, that includes the garage. MR. TURNER-Are you in negotiations with Mr. Bray to buy the rest of it, or what? MRS. MARSHALL-We have a contract. We purchased half in August, and we will buy the rest of the property June 1st of next year. So we own the upper 11 acres. We will purchase the lower 11 acres on or before June 1st of '94. I have a whole plan schedule here, if you need anything else. MR. CARVIN-As I said, I don't mind looking at these things. but just give me a reference point. I mean. I have no idea which is north and which is west. I mean. I looked at this, and I couldn't tell which end was the garage. I see where the driveway ended. I just had to assume that that was a. - 23 - MR. TURNER-Did you find out where it was? MRS. EGGLESTON-Well. we think we know. It's next to Thomas Farm, right, back this side of the? MRS. MARSHALL-Yes. MRS. EGGLESTON-Okay. I'm in the general area. MR. TURNER-Okay. I guess my question would be, when you buy the additional acreage. there's a horse barn on there. is there not? MRS. MARSHALL-Yes. MR. TURNER-Is there no. there's nothing there that you could store this vehicle in? MRS. MARSHALL-The barn has a eight stalls and an office in it. MR. TURNER-Eight box stalls? MRS. MARSHALL-And it's about, three acres away from our house. MR. TURNER-Yes. MRS. EGGLESTON-The lot size is not filled in on the front of this, again. So we don't have, what is the actual size of that. the acreage, or whatever? MRS. MARSHALL-Well. we have purchased. to this point, 11 acres. and we have a contract to buy the remaining twelve acres on or before June 1st of next year. MRS. EGGLESTON-Okay. MR. CARVIN-Just looking at that. my curiosity is more peaked. What is "Woody's shower"? MRS. MARSHALL-Well. we have a dog. and we wanted a basin just to rinse things out. so we decided to name it after our dog. It's basically just a little plastic shower form. MR. CARVIN-I had to ask. MRS. MARSHALL-Everybody has had to ask that question. MR. TURNER-Are you using the barn that's there now? MRS. MARSHALL-No. we don't own that yet. MR. TURNER-You're not renting it? MRS. MARSHALL-No. There are no horses in there. MR. TURNER-Okay. MRS. MARSHALL-And Dana's office is in there, and it will remain in there for two more years. MR. TURNER-After the first of the year? MRS. MARSHALL-Yes. That's part of the agreement. MR. TURNER-Okay. MRS. EGGLESTON-There's a limitation on the number of horses you can have. Is that not right. Jim? MR. TURNER-Yes. - 24 - "'- MR. MARTIN-Yes. I think it's one per two acres. or something. MR. TURNER-One horse for every two acres. MRS. CIPPERLY-Two acres per horse. MRS. EGGLESTON-Two acres per horse? MR. TURNER-Yes. MRS. CIPPERLY-There are no horses there. right now. MRS. EGGLESTON-But there will be. apparently. or you wouldn't want this variance for those trucks. MRS. MARSHALL-Eventually yes. That's right. MR. MARTIN-How long has it been since horses have been in place? MRS. MARSHALL-Probably 18 months. MR. MARTIN-The magic number. MRS. EGGLESTON-Yes. MRS. MARSHALL-I can't tell you for sure. He's found it's less expensive to board his horses where they're renting. MR. MARTIN-At the time you do that, as a matter of the Zoning Ordinances. that's a matter for site plan review with the Planning Board. MRS. MARSHALL-If horses haven't been there in a certain amount of time? MR. MARTIN-Yes. MR. TURNER-Yes. MRS. MARSHALL-Well. thank you for that notice. How far in advance do you have to get that? Because we hope to have horses there when we purchase the remaining part of the property in June. MR. MARTIN-I'd allow yourself a couple of months lead time. MRS. MARSHALL-Okay. right? So if we start this winter, we'll be all MR. MARTIN-Yes. MRS. MARSHALL-Okay. MR. MARTIN-Because the site plan decision, approval's good for a year. MRS. MARSHALL-Thank you. MR. TURNER-What's the plans for the rest of the property. when you purchase it? MRS. MARSHALL-To keep our horses there. MR. TURNER-I know. but any additional buildings? MRS. MARSHALL-No. MR. TURNER-Anything additional to the barn that's there? MRS. MARSHALL-It's a beautiful barn. There's no reason to make any additions to it. - 25 - MR. TURNER-I know it. How many horses do you plan to have? MRS. MARSHALL-Well. there's eight stalls. We'd like to have eight there. we hope so. MR. TURNER-What are they going to be, riding horses? MRS. MARSHALL-Yes. MRS. EGGLESTON-Not rental riding horses? MRS. MARSHALL-No. MRS. EGGLESTON-They're all for private use. MRS. MARSHALL-Yes, just for boarding, and they can come and exercise them, that sort of thing, but no lesson~. at least at the present time. MRS. EGGLESTON-So, it'll be a business? MRS. MARSHALL-Well. yes, because we'll board horses. MR. TURNER-Yes. How many horses are you going to have yourself? MRS. MARSHALL-We own one at the present time. MR. TURNER-You own one? MRS. MARSHALL-Yes. MR. TURNER-Will you purchase any others? MRS. MARSHALL-We hope so. MR. TURNER-If you're going to board horses there, that to me, in a sense, is a business. MR. CARVIN-Yes. but that's not germane to the garage. MR. TURNER-That's not germane to the garage, but I mean, once you come through. MRS. EGGLESTON-Well. it is germane to the garage, because she wasn't allowed to board horses, then she wouldn't need that big a garage. MR. TURNER-That's right. MRS. EGGLESTON-So it is germane to the garage. MR. CARVIN-I disagree. I think they're two separate issues. I mean, I understand your concern on the business aspect, but I don't think that they could store antique cars in there. MRS. MARSHALL-Can I interject here? My husband boards his horses other places right now, that it's legal for them to keep horses on the property. so he has to have a trailer right now to board those horses. So whether we keep horses on the property or not, he has a truck to cart his horse, whether that horse is boarded on our property or on another piece of property. MR. TURNER-Yes, but what I'm saying to you, you're going to board horses for other people. MRS. MARSHALL-Well, we'd like to, yes. unless we own eight horses of our own. MR. TURNER-I don't care about your horses. horses. Your horses are your - 26 - - -' MRS. MARSHALL-But we have our vehicles because Jim has to cart a horse, from other property. MR. TURNER-I understand that. MRS. EGGLESTON-So what you're saying is you still would need the garage, whether or not you board horses or you have them, because he uses that to transport his horses? MRS. MARSHALL-Because he needs that vehicle to get his, that's right. MRS. EGGLESTON-Okay. All right. MR. TURNER-Anyone else? Okay. Let me open the public hearing. PUBLIC HEARING OPEHED JAMES BROWN MR. BROWN-I'm James Brown. 97 Country Club Road, and we're directly behind where this would be, and I don't see a problem. You can't see the house from our house. MR. TURNER-I know. Yes. Okay. PUBLIC HEARIHG CLOSED MR. TURNER-Any further questions of the applicant, at this point? Any discussion? MR. CARVIN-I don't have any problem with it. Ted. I think that we've done other ones of a similar nature on new construction. So, and certainly there's enough land around there that it shouldn't be. MR. TURNER-They've got plenty of land. MR. CARVIN-Yes. So I mean, it's not like they're trying to cram a three car garage on 150 by 150. MR. TURNER-Right. No, I don't have a real problem with it myself. Okay. Motion's in order, then. MOTION TO APPROVE AREA VARIANCE HO. 97-1993 JAMES G. MARSHALL. Introduced by Fred Carvin who moved for its adoption, seconded by Robert Karpeles: That we grant relief of 140 square feet from Section 179-7, which limits garage sizes to 900 square feet. The practical difficulty is that the applicant owns a number of horses which requires specialized equipment which needs to be stored out of the weather. This does appear to be the minimum variance necessary to meet this particular difficulty. By granting this variance. it would not appear to be detrimental to any other properties in the district or neighborhood, and there does not appear to be any effect on public facilities or services, and there was no public opposition to this particular application. Duly adopted this 21st day of October. 1993, by the following vote: AYES: Miss Hauser, Mr. Thomas. Mr. Karpeles, Mr. Carvin, Mrs. Eggleston. Mr. Turner NOES: NONE ABSENT: Mr. Philo AREA VARIAHCE NO. 94-1993 TYPE II LC-42A CEA MICHAEL Dr PALMA OWNER: SAME AS ABOVE ROUTE 9L. ACROSS FROM WILLIAMSONS STORE - 27 - ----- APPLICANT IS PROPOSING AN ADDITION TO AH EXISTIHG DWELLING OH A NONCONFORMIHG LOT. SECTION 179-13C REQUIRES OHE HUNDRED (100) FOOT FROHT AHD SIDE SETBACKS. APPLICANT SEEKS RELIEF OF SIXTY-OHE (61) FEET. EIGHT (8) IHCHES FOR THE FRONT SETBACK. AHD EIGHTY. EIGHT (8) INCHES FOR THE SIDE SETBACK. (ADIROHDACK PARK AGENCY) (WARREN COUHTY PLAHNING) DATE: 10/13/93 TAX MAP NUMBER: 20-1-8 LOT SIZE: 1/2 ACRE SECTION 179-13C MICHAEL DI PALMA, PRESENT MRS. EGGLESTON-And the Warren County Planning Board returned, "No County Impact." STAFF INPUT Notes from Staff, Area Variance No. 94-1993. Michael Di Palma. Meeting Date: October 21. 1993 "ADDRESS OF PROPERTY: Route 9L (across from Williamson's store) SUMMARY OF PROJECT: Applicant is proposing to build an addition to an existing dwelling on a preexisting. nonconforming lot. COHFORMAHCE WITH USEIAREA REGULATIOHS: Section 179-13C requires one hundred (100) foot front and side setbacks, applicant seeks relief of sixty-one (61) feet, eight (8) inches for the front setback, and eighty (80) feet, eight (8) inches for the side setback. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES HOT ALLOW PLACEMEHT OF A STRUCTURE WHICH MEETS THE ZOHIHG CODE. The preexisting one-half (1/2) acre lot is not capable of providing the setbacks required for the LC-42 acre zone. 2. IS THIS THE MIHIMUM VARIAHCE NECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE NO VARIANCE? This appears to be the minimum variance possible. and no other options exist. 3. WOULD THIS VARIANCE BE DETRIMEHTAL TO THE OTHER PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD? It does not appear that there would be any detriment to the district or neighborhood. 4. WHAT ARE THE EFFECTS OF THE VARIAHCE ON PUBLIC FACILITIES AND SERVICES? There would be no effect on public facilities and services. STAFF COMMEHTS AND CONCERHS: Staff has no further comment." MR. TURNER-Mr. Di Palma, any further comment? MR. DI PALMA-No. It's going to be a den, the addition, if you want to know what it's for. I'm running out of space in the house. MR. TURNER-Does anyone have any questions? Okay. I'll open the public hearing. PUBLIC HEARING OPEHED HO COMMENT PUBLIC HEARIHG CLOSED CORRESPOHDEHCE MRS. EGGLESTON-There's a letter from Charles and Margaret Bleibtrey, "We strenuously object to this variance application because of the following: 1) Mr. DiPalma has always run his fishing charter/Board and breakfast business through and next to our property. We have tried to stop him from running this business in our residential area. but to no avail. 2) By increasing the size of his property on Rt. 9L (which is also known as "Beaver Creek Lodge"), he will be increasing the capacity of his already lucrative fishing charter/Board & Breakfast Business, at the expense of our property and privacy. 3) We do not wish his business to increase; we want it to stop, since it is being conducted in a residential area and causes many problems for us. These problems include but are not limited to: A.) Strangers (Mr. DiPalma's) clients) wandering through our property at all hours. B.) Excessive noise and disturbances by Mr. Di Palma and his - 28 - -- clients. C.) Garbage left on our property by Mr. Di Palma and his clients. 4.) An increase in any aspect of Mr. Di Palma's property on Route 9L (also known as Beaver Creek Lodge) will serve Mr. Di Palma's interest. income, and growing clientele. but will only add to the burdens he has inflicted upon us in our continuing struggle to protect our property and privacy. 5.) No hardship exists on the part of Mr. Di Palma. As evidence for the points we have raised regarding Mr. Di Palma's operation of a business in his property on Rt. 9L, please see page three of the 1993 Grand Slam Fishinq Country. This advertisement for Mr. Di Palma's Charter Fishing Business. "Northway Adirondack Guides". which he operates out of and in his home on Rt. 9L, also mention Beaver Creek Lodge. which is his home on Rt. 9L. He is also advertising that lodging and breakfast are included in his fishing packages. The lodging and breakfasts take place in his home on Rt 9L. Mr. Di Palma would like another room for his customers. We think he should be denied this variance which will supply him with that additional room. Thank you for your consideration. Sincerely. Charles and Margaret Bleibtrey" MRS. EGGLESTON-Here's the ad that was submitted with the letter. MR. DI PALMA-By the way. there'll be a full page ad next year. just so you know. MR. TURNER-All right. I'm going to ask you a question. now that you're here. When you came here before. and Mr. Bleibtrey also. the contention was. your use of the right-of-way. You never. at that time. indicated that you had a lodge there or anything. This is residential. MR. DI PALMA-That's mY lodge. That's mY house. I live there. MR. TURNER-Yes. I know, but you're running a business out of a residence. MR. DI PALMA-The house is rented. Mr. Bleibtrey doesn't know everything. I had this out with the Town about five years ago. MR. TURNER-That's fine. but you're in a residential zone. MR. DI PALMA-I am aware of that. I'm fully aware of that. MR. TURNER-Okay. You're running a business, illegally, as far as I'm concerned. MR. DI PALMA-I'm not running an illegal business there. MR. TURNER-Yes. you are. MR. DI PALMA-I am allowed to be a licensed guide in my own house. I cannot take my clients from my dock in a charter boat from my dock. okay. off that property. I'm fully aware of that. I've been through the Town with this five years ago. I told the Town exactly what I was doing. and the only problem we had then was Mr. Bleibtrey continually harassing me. The only people. people do yell and scream at him. going down his property and right-of-way, but there's another neighborhood right-of-way right next to my right-of-way. Everyone in that neighborhood knows what he is. and I don't like talking about anybody, and I'm not even going to say anymore. but people do yell. I don't yell. I don't say anything to him. I'm quiet there. As soon as I came there. a friend of mine had his boat on my dock, not for pay. MR. TURNER-Yes. Mr. Stevenson. MR. DI PALMA-Yes. Okay. He was there. The only pay I required from him was to keep the dock in repair. keep the mud and weeds out so I can use it in my own boat, and he was harassed. He finally left last year. He's not there anymore. He just kept getting it - 29 - all the time from him. His wife and children have tried to use the dock, and, you know. they'd yell at them. make remarks to them. I never heard this, because I would have done something. I have the Operations Manager who lives down the road from me. Chicks Marina staying at my dock. It's much easier for him in the morning to drive his boat, the Company's boat, from my dock to his place of business and back every day. rather than fight the traffic through the Village and up Route 9N. Bleibtrey went to him, last year, told him to get off my dock. Luckily, I had told this man what was going on. and if he had a problem, come see me. which he did. There was no problem. There wasn't shouting. There wasn't screaming. There wasn't swearing. I asked Mr. Dinaro exactly what happened. He just told me to get off. and I had my son with me, he said, so there wasn't any confrontation. He just didn't pay attention to him. The house has been rented out many times to fishermen, skiers, snowmobilers. If you look there in the winter time you'll see snowmobiles in the driveway. or on the lawn. and the other trailer I use across the road there. on the hill. I'm not even there sometimes. I haven't been there in five days. I just got back yesterday. MRS. EGGLESTON-Do you operate a bed and breakfast out of there, according to the advertisement? MR. DI PALMA-No. That's an advertisement to get the fishermen and hunters and snowmobilers to stay at the house. I worked for the County last year in helping them, you know. the problem they had with the re-organization, the tourism. I was part of the people that went to the shows to help promote the whole County, working for Tourism last year. I know exactly what you're saying. sir, about the residential not conforming and the commercial aspect of the whole situation. I spoke to all my other neighbors about it. and I said. I didn't even think of that until the Town hit me with this about five or six years ago, even longer than that. To make things even worse. Mr. Bleibtrey told one of the Inspectors. or Zoning Officers, that I ran a charter off my dock on such and such a date, about five or six years ago, and I was issued a summons for that. Well. since I was working out of state at the time. I figured I better check my records, and the records at work. I was working the midnight shift then. So I was not here that whole week, operating charters off my dock. I have taken them off other close commercial docks. Marinas. I would drive them down, if they parked their vehicle at my house. There are commercial areas. Like across the street, they'll let me park vehicles there, and I just drive them to a commercial dock half a mile down the street, and I pick them up from there. I don't want to get into that, and they don't, only because they don't want to get involved in a ball of wax which is going around. I thought it was quiet. Apparently. it's not quiet, and he's raising this again, and since he has, I want the Town to do something, all right. I mean, you'd like to do something against me if I'm violating the law. Well, lets do something against him. When I went for my dock to be 20 foot more, because of low water. I wish you people would look at my boat now. I can hardly move it. I'm in the mud. I've got to bring it around to the front of the dock to get out. and then if the wind blows the wrong way and the motor cuts out, because it's cold. I'm in the mud. Every other dock is 50 to 60 feet out beyond mine. I don't care what size people's docks are, but I care when a man complains that my dock. that I can't have my dock extended. a hardship, and his dock has only a 50 foot building print. it can only be 50 foot long. and he's still getting (lost word), of 90 feet long, which was measured by the Park Commission. with the new equipment they have. I didn't want to bring this up, but I'm going to bring it up now. and I'd like the Town to take action. That's, if my dock is oversized to compensate, cut it off, or do something, or give you a summons. I would like you to do that. since he's bringing these things up which are half truths and innuendos, right there, those. MR. KARPELES-I didn't understand your reply about, if you're running a bed and breakfast or not. - 30 - MR. DI PALMA-No. I'm not running a bed and breakfast. The house gets rented out. It gets rented out. People can do what they want there. Breakfast is provided if they want breakfast. If they want to make breakfast. they can make their breakfast. It's rented to fishermen, snowmobilers, and hunters. This was told years ago, when the Town. Mr. Martin came in, asked me these questions. MR. CARVIN-Okay. When you say, rented out, these are boarders? MR. DI PALMA-No. MR. KARPELES-The whole house is rented. MR. DI PALMA-Yes. just like the summer camps are behind my house. MR. CARVIN-Okay. Where do you live? MR. DI PALMA-I live there when no one's there. I also live in New Jersey too. I've been here 15 years. This problem didn't start. MRS. EGGLESTON-We've been going around on this property since you've lived there. MR. TURNER-For the last six or seven years. MR. DI PALMA-I know you have. MR. CARVIN-This by no stretch of the imagination meets the home occupation. MR. TURNER-No. Jim. what's your position on this application? He's running a business in a residential zone. MR. MARTIN-Well, it's LC-42 acre zoning, right? Bed and Breakfasts are permitted uses under site plan review. MRS. CIPPERLY-So are lodges. MR. TURNER-Yes. but that's not a bed and breakfast. advertised as a bed and breakfast. That's not MR. MARTIN-If he's renting it out, even week to week. or month to month. and it's been going on. for one thing. it would be a use that predates the adoption of the Ordinance, then. if it's seven years old. or something like that. MR. DI PALMA-More than that. MR. MARTIN-That would predate the adoption of the Ordinance. So therefore it's preexisting nonconforming. MRS. EGGLESTON-I've been on this Board five years. This gentleman was here about three years ago regarding all of the docks down in the front. I don't think the matter was ever resolved, not according to our records. So, it's not that long ago. MR. MARTIN-The other thing is, I don't know of any regulations against somebody renting their camp out for a month or a week. It happens allover the lake. and we're probably not even aware of how many places it does. MR. TURNER-Yes, but wait a minute. now. He's running a business. He's running a charter business. Those people are staying there. It's not a bed and breakfast. Those people are staying there. MR. MARTIN-Right. They're renting the camp for a week or whatever. MR. KARPELES-No, no, three days. for three days. Fishing packages as low as $300 - 31 - MR. TURNER-Fishing packages, it's right there. MR. KARPELES-Two people. lodging and breakfast included. MR. CARVIN-I mean. this is an advertised business. MR. TURNER-It's an advertised business. breakfast. It's not a bed and MR. CARVIN-And it's certainly not a seasonal business. It's not a seasonal situation like somebody renting the house for month for Saratoga. MR. TURNER-Jim, this gentleman was here three years ago. He was here. He was here, probably, two years before that, and he's been here before that. Now this never came up in any of the discussions, because if it had, it would have been nipped right in the bud right then. MR. MARTIN-How long as this use been occurring? MR. DI PALMA-Since I bought the house. in '78. '79. MR. MARTIN-I predates the Ordinance, Ted. What can you do? MRS. EGGLESTON-Jim. may I say, not only that, in our testimony, his neighbors at that time accused him of running a charter business and he adamantly denied he was running a charter business. They were pleasure boats. MR. DI PALMA-No. That's not true. MRS. EGGLESTON-Yes. that's true. MR. MARTIN-Are you willing to put on this public record that this use has been occurring actively for 15 years? MR. DI PALMA-Yes. MR. TURNER-I want to see some affidavits supporting it. I want to see some advertising supporting it. MR. MARTIN-Well, the other thing I would have to say, and I think Paul would say the same thing. I don't know what bearing all this has on the area variance. What bearing does this have on an area variance? MR. TURNER-It's an expansion of a business. MR. DI PALMA-This is not for business, though. MR. TURNER-It is. MR. DI PALMA-No. It's not. If you want put a hold on it, forget it. It's not for roomers or anything like that, and that I'm telling you it isn't. It's a den in the house where I can find my personal papers. my law books. MR. MARTIN-Yes, but it's a preexisting nonconforming use. MR. TURNER-I'm not so sure it is. MRS. EGGLESTON-Mr. Di Palma, you said you don't live there. MR. DI PALMA-Of course I live there. I do live there. Yes. I vote in Queensbury. I retired. I would have to go back. way back, and start at the beginning. which I really don't, it would take a while. This home was bought as my retirement home. MR. TURNER-When did you buy it? - 32 - ,-' MR. DI PALMA-1979. '79 of September. MR. TURNER-When did you start the charter business? MR. DI PALMA-Gee, I've been fishing. '84. It wasn't a business. I became a New York State Licensed Guide. in 1984. MR. TURNER-When did you start advertising? MR. DI PALMA-The same time, in the County prove that. I can show you some old ones. that has been giving me a little grief. neighborhood. Last year I had a list of didn't object to my dock being extended. circulars. which I can There's one man there one man in the whole a dozen neighbors that MR. TURNER-We only talked about the dock. nothing else. We didn't talk about MR. DI PALMA-Nobody read it, though. They read all the negative things. Nobody read anything positive. last year in your hearing. MRS. EGGLESTON-But maybe the other people aren't being intruded upon. Maybe these people are close enough that all of these strange people in the area. MR. OI PALMA-He is not being intruded up. Excuse me. Let me explain what's been happening. what happened. He bought his lot. His lot was part of my lot. When Fredling Smith, a lawyer from Albany. sold me that. he subdivided that lot. Half went to me. because I bought the property. The other half Mr. Bleibtrey bought. When he bought it. he knew I had a right-of-way through it. MR. MARTIN-Do you have any contracts or bills of sale that you get from these people when they rent this place. or when they? MR. OI PALMA-No. This is not that big. He's got me as a big entrepreneur. Well, I might be somebody who rents their house out once in a while. and can afford to buy a new ladder or something for the house with the money you make on it after your expenses and the taxes on the house and things. MRS. EGGLESTON-You don't keep any records for Internal Revenue? MR. OI PALMA-Yes. If you'd like me to. I can bring my accountant up from New Jersey who does my taxes, on this, it was $4.000 last year. just from the rental of the property. MR. MARTIN-Do you have anything in written form that would document? MR. DI PALMA-I can show you my income taxes. MR. MARTIN-Yes. but I mean. do you have anything that goes back to, like. '84. that shows this as? MR. DI PALMA-I can show you ads from '84. MR. MARTIN-Ads from '84? MR. DI PALMA-Or shows I went to. sportsman's shows. in 1984. MRS. EGGLESTON-Jim. could we see the old file of? MR. MARTIN-Sure. MRS. EGGLESTON-I know this gentleman said there was no business whatsoever on this type of property. this type operation that he said did not take place on this property. and that was never resolved, that case. I don't know whatever happened to that. Our - 33 - records were open. MR. DI PALMA-I can tell you what happened to it. The Town issued me a summons for running a charter boat off of my dock, taking charters out. I'll be honest with you. I'm not trying to hide a thing. I had charters going off there. not a lot. I'm not like a person that does this full time. Okay. I do this as a hobby. If I don't have a charter, I'm out fishing anyway. I'm up fishing every morning with my friends. I brought all of my co-workers here. I brought my chief up here, okay. I brought the Chief of the Prosecutor's Office in Morris County, New Jersey here fishing, which I can show you pictures. so you'll know I'm not lying to you. That's how I became a licensed guide. They said, gee. you ought to take people fishing like you did us. MRS. EGGLESTON-But this never came out in that hearing. MR. DI PALMA-No. that did not. What happened was. after the Town issued me a summons, I said. Mr. Martin. in my job I investigate complaints before I issue summons' or tickets, especially on something that requires, I said. you didn't investigate this to find out if I was here or not. I wasn't even here on these dates. He used to follow me with binoculars down the road to see where I was picking the people up. My neighbors will vouch for it. They all laughed when they saw him do it. He'd get in his vehicle. go under the bridge, and he'd follow me to see where I was picking the people up, with charters, which they were charters, where I was picking them up from. MR. MARTIN-I'll read you some of the site plan review uses out of LC-42A, recreation center and lodge. hunting/fishing cabin over 500 square feet. sportsman club and firing range. MR. CARVIN-No, less than 500 feet. MR. MARTIN-Group camp. I'm just picking out things that are. bed and breakfast. Those are all site plan review uses in this district. MR. DI PALMA-After seeing that, he makes me feel really good. It makes me feel like I'm really doing well. I'm a retired police officer, all right. I'm trying to survive. MRS. EGGLESTON-Jim. did you notice that less than 500 square feet? MR. HARTIN-There's one that says over also. MR. DI PALMA-I've been hunting and fishing all my life. MRS. EGGLESTON-Are you on Page 1795, well. you're not in our book. MR. CARVIN-It says permitted use. MRS. CIPPERLY-Less than 500 is a permitted use. Over 500 requires site plan review. MR. MARTIN-Over 500 requires site plan review. MR. CARVIN-I think the thing about it, with me. it says private boathouse and dock. Private. MR. DI PALMA-The dock is a private dock. No, excuse me. It's not private anymore. Since Mr. Bleibtrey was doing all this. about five years ago, he went to the Park Commission also, to try get them to remove this. MR. TURNER-How is your dock registered with the Park Commission? MR. DI PALMA-As a commercial dock. - 34 - MR. TURNER-How's his dock registered at the Park Commission? MR. DI PALMA-His dock? A private dock. I had to pay an extra $100 a year for my dock. to keep an extra boat on it. MR. TURNER-How long has it been registered as a commercial dock? MR. DI PALMA-Five years. maybe, six years. I don't know. I'm not sure of the exact time. MRS. EGGLESTON-Was it registered at the time you got the summons from the Town of Queensbury? MR. DI PALMA-No. that was '87/'88. MR. TURNER-It was in '88. MRS. EGGLESTON-I was on the Board when it came before us. MR. DI PALMA-Well. what happened was I was stupid enough, didn't come to that hearing. the first one. and the cards were really stacked against me. I had my friend here who didn't really know what was going on. He was on my dock. He was taking my charters out. I don't deny that. He came in. He didn't like my right-of- way next to my house. He said, get him off or I'm going to report you to the Town. I said, hey. don't talk to me that way. Go take a hike. Well. he did report me, and I got the summons. When I found out what was going on. I had to make arrangements differently. but he stayed on my dock. MR. MARTIN-What was the result of the summons? What came of that? MR. DI PALMA-It was dismissed upon no other. MRS. EGGLESTON-I don't think it was resolved. MR. TURNER-No. The last variance. when he came for the last. the last time it was never resolved. They went away. MR. DI PALMA-He's asking about the summons now. from the Chartery. MR. CARVIN-Something about extending a dock. MR. DI PALMA-Last year it was extending a dock. Last spring I was here to extend it. It was denied. and you look at it last year. the water wasn't quite as. it's lower now, but because I use the dock for my own boat a lot. it makes a trough in there. if you're familiar with wetlands. MR. TURNER-Yes. MR. DI PALMA-I would like you to go look at my dock. Maybe the whole Board should go look at it, and see what I have to contend with. compared to the rest of the docks in there. MR. MARTIN-How many slips do you have at your dock? MR. DI PALMA-Well. right now I've got one and a half. There's mud all around it. except where my boat is. MR. MARTIN-So you're able to accommodate one boat at your dock? MR. DI PALMA-If two boats use that slip all year. you use the two. Because what I have to do is, the way my boat is docked. I have to pull it out with the rope, and put it in front of the dock. and take off from there, and by pulling it out and going. it takes like a. it digs a trench. a channel. MR. MARTIN-So you can't accommodate anymore than two boats at your dock? - 35 - --,. MR. DI PALMA-No. MR. TURNER-Jim, what happened before was. he had a dock. He was running a charter, then Stevenson had a boat. and he was running a charter out of that same dock. MR. DI PALMA-That's right. MR. TURNER-And that's where the argument came into play. MR. DI PALMA-That's right. That's what happened. sir. exactly. Stevenson had a name on it. too. MR. TURNER-Yes. MR. DI PALMA-Next year there'll be a name on my boat. too. but it won't be a charter name. It'll be the boat's name. MRS. EGGLESTON-Well. let me ask you. how many rooms are there in the existing residence? Did you bring a floor plan? MR. DI PALMA-Two rooms. MR. MARTIN-Two bedrooms. or two rooms? MR. DI PALMA-Two bedrooms. It's a very small cottage. the house. MRS. EGGLESTON-What's the dimensions of the house? You don't have that on here either. the existing house? MR. DI PALMA-I think it's 30 by 20. something like that. MRS. EGGLESTON-You can't think. You've got to know. MR. DI PALMA-It should be on there. MR. TURNER-It's right here. Joyce. MR. DI PALMA-With the new addition it'll be bigger. Not much. MR. TURNER-The foundation plan is 16 by 14. MRS. EGGLESTON-That's the addition. MR. TURNER-Yes. MRS. EGGLESTON-And what's the existing house? MR. CARVIN-We've got a full thing. but there's no. like you say. MRS. EGGLESTON-No dimensions on it whatsoever. MR. TURNER-No dimensions. MR. DI PALMA-By the way, is the Town still in the dock business? I heard you might go out of business and? MR. MARTIN-We're still in the dock business. MR. TURNER-We're still in the dock business. MR. DI PALMA-Because eventually I'm going to have to do something about the problem I have down there. and fighting two agencies is kind of difficult. MRS. EGGLESTON-I thought you said it was resolved? MR. DI PALMA-It's resolved for now. but I have a friend that's. MRS. EGGLESTON-What two agencies are you fighting? - 36 - MR. DI PALMA-Say I wanted to make another application to extend my dock. I only want to go 20 feet. It's not much. and that 20 feet will get me out into more open water. MR. TURNER-Yes. but I think. what's the length of your dock now? MR. DI PALMA-It's 60 feet. MR. TURNER-Yes. and the Ordinance says 40 feet's all you can have. MR. DI PALMA-You've got to see the dock. MR. TURNER-I know, but. MR. DI PALMA-Twenty feet of it goes over land. MR. TURNER-I know. but we could give you. if we gave you another 20 feet. make it 60 feet, eventually the runoff and the stuff coming in the stream is going to fill it up anyway. That was the argument you made the last time. MR. DI PALMA-From 30 feet to the end of my dock. where I can get good depth as long as I use the boat, from going in and out. So if I had the extra 20. then I wouldn't have a problem at all. and I would like. I have an 18 foot boat. See, I don't use my boat for charters. I use other boats. my friends. Jaime Ellsworth, Murphy, I've used them all. but mainly Ellsworth's I use. MR. MARTIN-What's going to be in the proposed addition? MR. DI PALMA-Nothing. except a bed. and the bed's going to be like a. MR. MARTIN-Is this a third bedroom? MR. DI PALMA-It's going to be like my bedroom. my bedroom and den. I have a lot of things that all my life I've worked at that I like to display. MR. MARTIN-So you have two bedrooms now. You'll be taking it to three. MR. DI PALMA-Three. yes. Well, there'll be a den, too. When my daughter comes up. her and her husband will stay in one of the rooms. MR. TURNER-Now. wait a minute. You're going to have a den and two bedrooms, or are you going to have three bedrooms? MR. DI PALMA-It's going to be a den. but when my daughter and her husband come up, they're going to need a place to stay. they'll stay in there. or I'll stay in there. MR. TURNER-So you'll have a day bed in the den. you're telling me? Is that what MR. DI PALMA-Yes. MR. TURNER-Okay. MR. MARTIN-How many times a year will that happen? MR. DI PALMA-Probably at least half a dozen. I also have my friends come UP. their wives. I had four couples come up two weekends ago. people I went to school with, I graduated college with. MRS. EGGLESTON-How far does your house sit back from the road, the existing house? The dimensions aren't on the map. - 37 - MR. DI PALMA-No more than 30 feet. MRS. EGGLESTON-Sir, how many feet? MR. DI PALMA-I never measured it. MR. TURNER-It's on there. Joyce. It's 38 feet. 4 inches. MRS. EGGLESTON-But does the proposed addition come out more? What is that jutty out there? MRS. CIPPERLY-Those are lines that show where the measurement goes to. MR. CARVIN-That's just the 16 here. I think. the addition's going to be flush to the house. right? MR. DI PALMA-Yes. MR. CARVIN-So, in other words. this would be your addition. right here. MRS. EGGLESTON-Is that right? MR. DI PALMA-Right. Yes. MR. CARVIN-This is just the 16 foot dimension. MR. DI PALMA-Sixteen feet by, or 14 feet. MR. CARVIN-Right. See. in other words. that's just this dimension here. I'm assuming this must be the center line of the highway? MR. DI PALMA-Yes. MR. CARVIN-That could be the property line. too. MRS. EGGLESTON-But this corner over here isn't the same. MR. CARVIN-What's that. now? MRS. EGGLESTON-This, the whole thing wouldn't be the same. because this corner's closer. though. He's not building there. I realize that. MR. CARVIN-Yes. well. technically. I would think that this measurement would be closer. MR. DI PALMA-Could I interject something here? The builder couldn't believe it either when I told him I had to get a variance. Anyway. there's a lot in the middle of my lot. It's landlocked. and it's right over here somewhere, and I don't know what's ever going to become of that. MR. TURNER-On the south side or the north side? MR. CARVIN-The north side. MR. DI PALMA-Right in the middle of the property. There's even a well on that property. a hand well. MRS. EGGLESTON-Who's the architect on this? signed. I notice it's not MR. DI PALMA-I think it's Steve Lynn. MR. TURNER-Steve drew this up? MR. DI PALMA-Yes. - 38 - - MR. TURNER-Okay. MR. DI PALMA-There was only one letter against it. He's against everything I've had. since he's moved in. MR. TURNER-The last time you were here. you two were fighting over the right-of-way. all right. So I think the last of that was that the lawyers were going to get into the act and they were going to solve it. and so what happened to it? We never heard. MR. OI PALMA-Well. you never heard because you more or less denied it. more or less. MR. TURNER-Yes. MR. DI PALMA-But then I went through the Park Commission. and the Park Commission said, you've got two agencies here, the way it looks. it's not going to go, which I'm not disagreeing with you in that respect. It is black and white. and Mr. Bleibtrey. I hate to say, can fight it on those grounds. I'm limited to square footage in my deed. MR. TURNER-Yes. MR. DI PALMA-Because I can't have over 100 foot square dock. MR. TURNER-Yes. MR. DI PALMA-So that shoots me down in that respect. The other respect is I got Bleibtrey that owns the property that I have the right-of-way on, and he's making a lot of noise. I'm hoping he sells his house. MR. TURNER-He owns the property. You have a right-of-way over it. MR. DI PALMA-Yes, a deeded right-of-way. MR. TURNER-Yes, to your dock. MR. DI PALMA-To my dock. MR. TURNER-Which you can't exceed 100 square feet. MR. DI PALMA-Right. but that's why you have people like you. for hardships. I thought. MR. TURNER-Well. we can't get into the legal end of it, you know. We can grant you relief where our jurisdiction is. MR. DI PALMA-I can still use my boat because there is a little channel about three foot wide. that's all I've got. and I pull that out to the end of the dock. and as long as the wind. and the boat doesn't cut out. I can go right out. MRS. EGGLESTON-So who runs the charter boat? MR. DI PALMA-I do. I am a licensed engineer and pilot in Lake George. I took the test. My boat is not a charter boat. MR. TURNER-Do you take charters out on that boat? MR. DI PALMA-On my boat? hotel/motel. I do. Once in a while I do. Only from a MR. TURNER-So this is the boat that you're talking about. MR. DI PALMA-My own boat. Most people don't want to go out in my boat. 18 feet. MR. CARVIN-Mr. Di Palma. under normal circumstances. are you the - 39 - --- only person that lives in the house. in other words. you have two bedrooms. at this point. MR. DI PALMA-Yes. I live alone. That's it. MR. CARVIN-Okay. and you feel you need a third bedroom? MR. DI PALMA-No. I need a third room. I have to put a desk in there. The house is small. and is not accommodating all the things I've accumulated in 28 years of work and hobbies. okay. I've got a lot of awards and things, and commendations. citations. purple hearts and stuff. I want to put them up on the wall. and I'm going to need a desk to put all these. you know. things that I have. I need book cases to put my law books up on, and stuff. MR. CARVIN-Well. see. I mean. that's a self-created hardship. MR. DI PALMA-It's like an I love me room. MR. CARVIN-I've got two or three of them. MR. DI PALMA-Well, I don't have any. I want one now. MRS. EGGLESTON-What other rooms are in the house? established there's two bedrooms. We've MR. DI PALMA-There is a livingroom, no dining room. kitchen. There is a MRS. EGGLESTON-And eat in kitchen. good sized kitchen? MR. DI PALMA-No. MRS. EGGLESTON-How big? MR. DI PALMA-Fifteen by fifteen. I mean, if you want to come up and look, you're welcome to come in the house and I'll show you the whole house. MR. TURNER-That's an eat in kitchen. MRS. EGGLESTON-That's a good sized kitchen. MR. DI PALMA-Fifteen by fifteen? MRS. EGGLESTON-Yes. MR. TURNER-Okay. MR. DI PALMA-Well. maybe it's smaller than that. then. MR. CARVIN-I mean, one minute you're saying you're going to create an I love me room. and then the next minute you're saying. well, part of it's going to be a bedroom and part of it's going to be a den. MR. DI PALMA-It's going to be. when you have a small house. you have to make do with what you have. MR. CARVIN-But you have two bedrooms. and I mean. you did state that part of this is going to be. MR. DI PALMA-A den. MR. CARVIN-Upstairs or downstairs? MR. DI PALMA-I only have one floor. MR. CARVIN-Well. on this. it looks like it's a two story. - 40 - -- MR. DI PALMA-No. that's the cellar. It's not two story. MR. CARVIN-Okay. This is a crawl space? What's going down there? Is that going to be the I love me room. or is that the den? MR. DI PALMA-Where is that again? Show me that. The one with the new addition? MR. CARVIN-Yes. MR. DI PALMA-That's going to be storage space. It won't be heated, I don't think. MRS. EGGLESTON-Concrete floor? MR. DI PALMA-We dug already. The foundation's been dug. It depends how much room I have in here, whether to put a concrete floor in there. If I can't get more than eight feet. or five feet width going in there, it's not going to be a concrete floor. There won't be enough room. MR. TURNER-Okay. What's the Board's pleasure here? MR. DI PALMA-If there's anything you're still not sure of in those plans. ask me. MR. CARVIN-Well. I'm looking over the. I guess I have a hard time on the hardship. In other words, I realize that it's a 42 acre, but it's not a minimum variance. as far as I'm concerned. In other words, the Board of Appeals shall grant the minimum variance that it shall deem necessary and adequately at the same time preserve and protect the character of the neighborhood and the health. safety, and welfare of the community. Now I have a hard time with this because. first of all. I feel very strongly that it's a business. and that by granting this addition. we are, in essence. intensifying a use there. Now. believe me, I have an I love me wall. also. but that. to me. is a self-created hardship. and I think that I have to fall back on, that if this is a business. whether it is determined to be a business or not determined to be a business, that I think we have to really look at the health, safety. and welfare of the community. MR. DI PALMA-Wait a minute. health hazard? Where is there a safety hazard or MR. CARVIN-Well. I don't know. advertised business. As I said, I mean, it's an MR. DI PALMA-Hold it. sir. My well's been polluted for over 10 years. I can't drink my water. The State's come in and done a fabulous job of trying to correct the situation. I've lived, there's more hardships on that house than you can imagine, and you're here coming along telling me this about a little room I want to put on my house. I have to bring in portable water to drink. MR. CARVIN-Okay. but on the other hand. you don't live in it all the time. MR. DI PALMA-I live most of the time in it now that I'm retired. Most of the time I live in it. MR. CARVIN-Yes. but I don't rent my house out. I don't have hunters come in. I don't generate $4.000 from people just happen to drop in. Again, I'm just saying that I think that this is a business, and by granting, I'm only one vote here. I'm only one vote. MR. DI PALMA-The room is not a business. MR. CARVIN-But it's an intensification. - 41 - MR. DI PALMA-No, it's not. You're listening to what he said. MR. CARVIN-I'm listening to what everybody's saying. MR. DI PALMA-If you have a doubt, I want you to come and see the house. see how small it is. MRS. EGGLESTON-We were up there and saw the house. MR. DI PALMA-Did you go inside? MRS. EGGLESTON-No. MR. DI PALMA-I mean. it's a small house. MR. CARVIN-Well, that's my position. and I guess the public hearing is closed. I mean. that's my point. I don't want to be argumentative here. but my feeling to the Board here is that I can't support this variance. MR. TURNER-Okay. Lets here from the other side of the Board, any comment? MR. THOMAS-I'm so confused between the house and the dock and the water and everything else. I'm sitting here trying to sort this out. MR. TURNER-You know what I'd like to do with it? it and lets research the other variances. and testimony was regarding the property, the use. let Mr. Di Palma come back. I'd like to table lets see what the and so forth. and MR. CARVIN-What do you think. Bob? MR. KARPELES-I think that's a good suggestion. I'm confused. I'm with Chris. MRS. EGGLESTON-Because really, if it's a business. and it can be allowed there or whatever, then it should be treated as such. It should come out in the public. put your sign up and live under the rules of a business. Here you're trying to live under the rules of a residence, and use the property as a business. MR. DI PALMA-But what I want to do here is not under the rules of a business. I understand what you're saying. I agree with you. I really do. what you just said. MRS. EGGLESTON-I don't think you could lie in this ad. MR. DI PALMA-No. MRS. EGGLESTON-But you're saying. even though it says lodging and breakfast. you didn't give it. It was just a ploy to get people to come there? MR. DI PALMA-No. I never said that. Did I say that? MR. CARVIN-That's the way ~ interpreted it. MRS. EGGLESTON-You said that a few minutes ago. MR. DI PALMA-No. I said they make their breakfast. okay, or if I'm there. I help them. I'm their guide. I assist them in any way I can to help them have a good time. I take them fishing. I bring them back. I clean their fish. MRS. EGGLESTON-It's a business. MR. TURNER-Okay. motion. I think I've made my motion. I'll make ita - 42 - MRS. EGGLESTON-Last time he was here, he did not say he had any type of business in there. In fact. he denied it. because that's what the people were saying he had there. and he kept saying. no, I don't. I don't. I don't. MR. DI PALMA-I said I rented my house out. That's what I said. MRS. EGGLESTON-And now you're saying you've had a business there for 15 years. MR. DI PALMA-Wait. Lets get it straight. what you're saying, because I know what I said, and what was said. MR. TURNER-Well. lets see what the minutes say. and that'll tell. MR. DI PALMA-You're talking about the charter boat. MRS. EGGLESTON-Yes. We'll get out the motion. MR. MARTIN-If you have any other information from the start date of this business. it would be helpful also. any advertisements or anything that dates back. MR. DI PALMA-Yes. Can give you myoId licensed guide of 1984. when I first became a licensed guide? MRS. EGGLESTON-Well, no. That's like saying, I've got a drivers license. MR. DI PALMA-You're calling me a guide. in business. that's what you're saying, I'm in business. MR. TURNER-No. I'm saying. you could be a guide and not work out of there. MRS. EGGLESTON-Yes. That doesn't prove you use that facility for a business. and that you had charters. and that you advertised and all that type of thing. MR. MARTIN-How has the property been assessed? MR. DI PALMA-A single family. MR. MARTIN-I just want to know. how is it assessed? MR. DI PALMA-It's assessed as a single family occupancy. MR. TURNER-Single family. There you are. MR. DI PALMA-I think. My taxes are paid through the bank where I pay my mortgage. MRS. EGGLESTON-What do we want from him? We're tabling to research the history on the piece of property? MR. TURNER-Yes. MRS. EGGLESTON-And from him we want documented proof there's been a business there for. as he says, 15 years. MR. TURNER-No. not 15 years, 1984. MR. DI PALMA-1984, yes. MRS. EGGLESTON-Okay. MR. DI PALMA-You're calling that a business. I'm not calling that a business. I've been renting the house out since '78. MR. TURNER-If you make money. it's a business. isn't it? - 43 - ~ MR. CARVIN-It's a business. It's a commercial venture. MR. DI PALMA~My brother rents his house out in Bolton. He makes $3, $4.000 a year renting it. It's not a business. MR. TURNER-This is not Bolton. This is Queensbury. MOTION TO TABLE AREA VARIAHCE HO. 94-1993 MICHAEL DI PALMA, Introduced by Theodore Turner who moved for its adoption, seconded by Joyce Eggleston: To research the history on the piece of property, and documented proof there's been a business there since. as he said, 1984. Duly adopted this 21st day of October. 1993, by the following vote: MR. TURNER-Now, lets see what the minutes say on the previous variance request. MRS. EGGLESTON-If you run a bed and breakfast where you're serving food. don't you need a license to do that, to serve food to the public? Do you. Jim. need a license to serve food to the public? MR. MARTIN-Not that I'm aware of. MR. TURNER-It depends on how extensive you get, I think. If he's serving them coffee and doughnuts. MR. CARVIN-Yes. but I think a lot of it. Ted. is, if it's an advertised business. I mean. it's got to fall under the Health Department. You can't advertise food without the Health Department coming in. MR. DI PALMA-That is not. my business. you're making it a business. I'm saying that that type of thing is not a business. MRS. EGGLESTON-Lodging and breakfast included. MR. CARVIN-And you may have to. I mean, if you're providing breakfast for people to the public. MR. DI PALMA-No. it's not the public. MR. CARVIN-Are they paying you? I mean. I don't know. I'm just saying that I think that there might be some health violations here. MR. DI PALMA-I have a foundation that's dug. which I have two water pipes going into the house. I might as well fill the whole thing in and wait until next year, because if we get very. very cold weather. they could freeze. They're exposed now. They're running from the well. which is beyond the foundation. through the open area, into the cellar. MRS. EGGLESTON-Did you not realize you needed a variance before you could do that? MR. DI PALMA-I didn't know. The builder didn't it know either. MR. TURNER-Who's the builder? MR. DI PALMA-Sean Callahan. MR. THOMAS-From where? MR. DI PALMA-He lives in Fort Ann. I think. MR. TURNER-That's why he didn't realize it. because there's no zoning in Fort Ann. - 44 - MR. DI PALMA-Look, you know, what you're saying, you're bringing up these things that are like cans of worms popping up allover the place. MR. TURNER-No. They're not cans of worms. MR. Dr PALMA-They are, to me they are. MR. TURNER-They might be to you. but I mean. when you came here before. you never said to us, you know. I'm running a business out of that house? You said you were running a charter business at the dock, and that's all we ever knew. MR. DI PALMA-I never ran a charter business at that dock, first thing. When r found that I couldn't, I had to make other arrangements. take them from another area. The man was on me so much that I almost considered not even doing it. but since I had planned. after a certain age. you plan to live your life a certain way. if you can do it, and so far it's been going very well. I never knew retirement could be so great. Living up here, it's really nice. MRS. EGGLESTON-Sir. with all due respect, you just said. not ten minutes ago, the motels call you and ask you to take someone out. MR. Dr PALMA-Yes. MRS. EGGLESTON-That's charter. MR. Dr PALMA-Yes. MRS. EGGLESTON-And yet you just sat there and said, I have never run a charter business on that dock. MR. DI PALMA-On the dock. MR. MARTIN-Joyce. he goes to the motel. picks the person up at the motel dock. takes them on the lake fishing. brings them back to the motel. and he brings them back to the motel. and he brings his boat back. MR. DI PALMA-Yes. MR. TURNER-I think you'll find out when you look at the old minutes that he chartered off of that dock. MR. DI PALMA-I did before I was made aware of that. Way back. MRS. EGGLESTON-See, now he's saying he did. MR. DI PALMA-I did. you don't understand the problems I've had with my neighbor. There's certain things you do you don't know you're not allowed to do. okay. You don't think of it at the time. Hey. this is a residential zone. I can't do this. and somebody says. you can't do that. You tell him to mind his own business. He goes to the Town and reports you. Then you find out what the law is and what you can and can't do. and that's how that all started. came back then. MR. TURNER-This all started over the right-of-way. That's where it all started. okay. MR. DI PALMA-That's right. MR. TURNER-So. one little thing lead to another thing. to another thing. and here we are tonight. with another thing. MR. DI PALMA-And he still hasn't moved. He's been trying to sell his house for 10 years. - 45 - MR. TURNER-I know. MR. DI PALMA-And you talk about yelling at him. Neighborhood people drive down the street at night, yell carpetbagger to him. and he blames it on me. I can hear them beeping their horns. I can hear them. MR. TURNER-Okay. Lets have the vote on the motion. Maria. AYES: Mr. Karpeles. Mr. Carvin. Mrs. Eggleston. Miss Hauser, Mr. Thomas, Mr. Turner NOES: NONE ABSENT: Mr. Philo MR. TURNER-It's tabled, until we find out. MR. MARTIN-You have 60 days to get the stuff they wanted. or you start from Ground Zero. MR. DI PALMA-Do I give the stuff to you? MR. MARTIN-Well, submit it to us, yes. Come in to this office. and we'll schedule you. MR. DI PALMA-You want some ads. like from 1984. '85? MR. TURNER-We want to see the ads that you had in 1984. '85, and whatever. MR. DI PALMA-Okay. All right. MRS. EGGLESTON-And from Jim we'd like the old files. MR. MARTIN-Yes. I've got all that down. MR. TURNER-Do you have a Federal Id Number? MR. DI PALMA-No. Federal Id Number? MR. TURNER-Yes. You run a business. Do you pay any sales tax? MR. DI PALMA-You don't do that when you rent a house. MR. TURNER-Wait a minute. now. if you run a business you do. MRS. EGGLESTON-If you're serving breakfast. there's sales tax. MR. DI PALMA-Well, we'll get this all straightened out. MR. DI PALMA-I have a DBA from Queensbury. from Warren County. MR. MARTIN-How long have you had that? MR. DI PALMA-That's it. That's all I'll need. MR. MARTIN-When did you file that? MR. DI PALMA-1984. MR. MARTIN-Give me a copy of that. MR. DI PALMA-That's good enough? MR. MARTIN-That would help. MR. TURNER-Doing business as who? MR. DI PALMA-Northway Adirondack Guides. - 46 - MRS. EGGLESTON-Anything. it's to lodging and food in the house? MR. DI PALMA-Right. MRS. EGGLESTON-We're talking about use of the house. MR. DI PALMA-That's my guide's. I started the guide service. but the house was part of the guide service. I rented to the house to them. That was the object of it. I'd bring the people up. That's how we started this. I brought them up. MR. TURNER-I know, but there again, you kind of struck out, because you went and got your DBA for the guide service. and you never came in and got any site plan review or anything for the bed and breakfast or whatever you've got there. MR. DI PALMA-I wasn't doing business there. I was doing it out in the woods. MR. TURNER-Where did you register the DBA at? MR. DI PALMA-Warren County. MR. TURNER-No. nQ. What's the address of your business? MR. DI PALMA-I think it's where I live. MR. TURNER-I rest my· case. So then you were advertising the business ran out of that location. MR. DI PALMA-You may be right. I don't want to say anything. because I'm not sure. I'll get that to you immediately. Tomorrow I'll go get it. a copy of that. MR. TURNER-Okay. That's where it stands. MR. DI PALMA-What's going to happen after you get this stuff? MR. TURNER-Well. then. we'll review what you gave us, and we've got a better knowledge of what you've got there, and when you started it and everything else. MR. DI PALMA-I want a little room on the house. MRS. EGGLESTON-Also, we'd like the dimensions on your existing house. the dimensions. how far it is from the road. what rooms are in it, what size rooms. MR. DI PALMA-You've got to have them there somewhere. MR. TURNER-We've got the distance from the road, but we don't have the dimensions on there. MR. KARPELES-Yes, but you don't know whether that's from the center of the road. or from the road. or from the property line. MRS. EGGLESTON-Yes. MR. KARPELES-It's pretty damn vague. MRS. EGGLESTON-Yes. How many rooms, the size of the rooms in the house. MR. DI PALMA-It's very small. Master bedroom is 11 by 12, maybe a little bit bigger. MR. CARVIN-Put it down on paper. and bring it. MRS. EGGLESTON-Yes, make a plot plan of it. -47 - MR. DI PALMA-Okay. MR. TURNER-Steve drew these up, Steve Lynn? MR. Dr PALMA-As far as r know. MR. TURNER-He. was a Building Inspector in the Town of Queensbury. He knows what's required. MR. DI PALMA-I know. MR. TURNER-Okay. That's what we need. what's required. MR. DI PALMA-That's why you have everything. We thought everything was brought in. MR. TURNER-It's not there. It's not on there. MR. DI PALMA-Okay. MR. TURNER-The dimension from the front setback. is that from the center of the road. like was asked, or where is it from? Is it from the property line or the center of the road, or what? They want it from the property line. What's the dimension from your property line to the front of your house? MR. DI PALMA-I can measure that. MR. TURNER-Well, if you know where the stakes are. yes. MR. Dr PALMA-I know where they are. There's a big highway marker there. MR. TURNER-Monument. there? MR. Dr PALMA-Yes, monument. MR. TURNER-All right. Okay. Case closed until next time. MR. DI PALMA-The way it looks now, this gentleman here says. well, he's running a business, we don't want him to have it. MR. CARVIN-No. I mean, I just want to get us some clarification, here. MR. DI PALMA-I want you to know. it's not for the business. okay. That room is not for the business. If you'd like to come to the house, I'll show you where the room's going to go. what's going to go in the room. I want to be able to find my important papers when r want them. MRS. EGGLESTON-What do you use the two bedrooms for now? MR. Dr PALMA-The two bedrooms now. one's a guest room, the other one's my room. MRS. EGGLESTON-Okay. MR. TURNER-Okay. Lets do our minutes. CORRECTIOH OF MINUTES February 24th. 1993: NONE MOTIOH TO APPROVE THE MIHUTES or FEBRUARY 24TH. 1993, Introduced by Theodore Turner who moved for its adoption. seconded by Fred Carvin: Duly adopted this 21st day of October, 1993. by the following vote: - 48 - ~ AYES: Mr. Thomas. Mr. Karpeles. Mr. Carvin. Mr. Turner NOES: NONE ABSTAINED: Mrs. Eggleston. Miss Hauser ABSENT: Mr. Philo June 23rd, 1993: NONE MOTION TO APPROVE THE MINUTES or JUNE 23RD. 1993. Introduced by Theodore Turner who moved for its adoption, seconded by Chris Thomas: Duly adopted this 21st day of October, 1993. by the following vote: AYES: Miss Hauser. Mr. Thomas. Mr. Karpeles. Mr. Carvin. Mrs. Eggleston, Mr. Turner NOES: NONE ABSENT: Mr. Philo July 21st, 1993: Page 4. the first Mr. Carvin at the top, you've got. the awning. is this going to be a permanent awning or is this going to be a permanent awning. remove one of those; Page 7, second Mrs. Eggleston from bottom. sIb, well I don't think really they've shown any hardship. not we've shown a hardship; Page 15. very last Mr. Fortune at bottom, that's where the fill is located. sIb the fuel is located; Page 27, second Mr. Turner up from the bottom, 1980. sIb 1990 MOTIOH TO APPROVE THE MIHUTES OF JULY 21ST. 1993 AS CORRECTED. Introduced by Joyce Eggleston who moved for its adoption. seconded by Fred Carvin: Duly adopted this 21st day of October, 1993. by the following vote: AYES: Mr. Karpeles. Mr. Carvin. Mrs. Eggleston, Miss Hauser. Mr. Turner NOES: NONE ABSTAINED: Mr. Thomas ABSENT: Mr. Philo July 28th, 1993: Page 15. third one up from bottom. Mr. Meyhrberg, sIb Mr. Turner; Page 22. big paragraph. from bottom up, Mrs. Eggleston, okay. it says. no such use variance shall be. a Board of Appeals, sIb granted by a Board of Appeals; Page 30, second Mr. Schachner from bottom. if it wasn't abandoned, not just abandon; Page 57. first Mr. Turner up from bottom. says. well, I'm going to say the same thing that everybody else has said. and I think everybody else is thinking the same thing. that we eliminate the parking on Luzerne Road. and that we ask the applicant to ask the Town Board MOTIOH TO APPROVE THE MINUTES or JULY 28TH. 1993 AS CORRECTED, Introduced by Joyce Eggleston who moved for its adoption. seconded by Theodore Turner: Duly adopted this 21st day of October. 1993, by the following vote: AYES: Mr. Carvin, Mrs. Eggleston. Miss Hauser. Mr. Thomas. Mr. Karpeles. Mr. Turner NOES: NONE ABSENT: Mr. Philo - 49 - -- On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Theodore Turner, Chairman - 50 -