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1994-06-15 ORI-,NAl -' QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING J'UNE 15TH. 1994 INDEX Use Variance No. 28-1994 George M. Mabb 1. Use Variance No. 29-1994 Ronald and Vivian DeLong 10. Sign Variance No. 30-1994 Iliad Ltd. d/b/a Bruegger's Bagel Bakery 15. Area Variance No. 31-1994 James E. Valenti 30. Use Variance No. 106-1993 John C. & Christine Bergeron 34. Area Variance No. 29-1993 REQUEST FOR EXTENSION Janet Huston Bell 38. 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 FIRST REGULAR MEETING JUNE 15TH, 1994 7:30 P.M. OF APPEALS MEMBERS PRESENT THEODORE TURNER, CHAIRMAN LINDA HAUSER, SECRETARY EXECUTIVE DIRECTOR-JAMES MARTIN PLANNER-SUSAN CIPPERLY STENOGRAPHER-MARIA GAGLIARDI NEW BUSINESS: USE VARIANCE NO. 28--1994 TYPE: UNLISTED SR-IA GEORGE M. MABB OWNER: HARRY VANGUILDER SOUTH OF INTERSECTION OF HOWARD ST. AND SHERMAN AVENUE APPLICANT PROPOSES TO PLACE A MOBILE HOME OUTSIDE A MOBILE HOME OVERLAY ZONE. RELIEF IS SOUGHT FROM SECTION 179-29, WHICH DESIGNATES AREAS WHERE MOBILE HOMES ARE ALLOWED, AND FROM SECTION 179-19D, ALLOWED USES IN A SUBURBAN RESIDENTIAL ZONE. TAX MAP NO. 120-2--18 LOT SIZE: 100 FT. BY 138 FT. SECTION 179 29, 179-190 GEORGE MABB, PRESENT STAFF INPUT Notes from Staff, Use Variance No. 28-1994, George M. Mabb, Meeting Date: June 15, 1994 "APPLICANT: George Mabb PROJECT LOCATION: south of intersection of Howard Street and Sherman Avenue SUMMARY OF PROJECT: Applicant proposes to place a mobile home outside of a Mobile Home Overlay zone. CONFORMANCE WITH USE/AREA REGULATIONS: Relief is sought from Section 179-29, which designates areas where Mobile Homes are allowed, and from Section 179-19D, allowed uses in Suburban Residential 1 Acre zone. REVIEW CRITERIA, BASED ON SECTION 267--b OF TOWN LAW: 1 . I S A REASONABLE RETURN POSS IBLE IF THE LAND IS USED AS ZONED?: Due to the location and condition of the property, it is not likely that this parcel will have future use as a site for a conventional home. 2. IS THE ALLEGED HARDSHIP RELATING TO THIS PROPERTY UNIQUE, OR DOES IT ALSO APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD? This property appears to be unique in the area. 3. IS THERE AN ADVERSE EFFECT ON THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD? The applicant and the former owner of the property have both stated that the property is being cleaned up and improved by the applicant. 4. IS THIS THE MINIMUM VARIANCE NECESSARY TO ADDRESS THE UNNECESSARY HARDSHI P PROVEN BY THE APPLICANT AND AT HIE SAME TIME PROTECT THE CHARACTER OF THE NE I GHBORHOOD AND THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY? Yes, it appears to be. PARCEL HISTORY: According to the Town Assessor's records: A ramshackle house was situated on this property until it was demolished in September, 1992. Sometime after that a mobile home was placed on the property. It burned, and was removed. The Assessor's records indicate that it was there at least until February 9, 1993. STAFF COMMENTS AND CONCERNS: No further comment. SEQR: This is an Unlisted Action. The Short Form EAF should be reviewed." MR. TURNER-Mr. Mabb, that your property? the driveway that goes into the Is that part of the property? trailer, is MR. MABB-No. MR. TURNER-Then you don't front on the highway? lot doesn't front on Sherman Avenue then, does Is that lot, that it? MR. MABB-No. -- 1 MS. C1PPERLY-He may also own the one in front of this one. MR. TURNER-Who owns the house in the front? MR. MABB--Tha t house in the front? MR. TURNER-Yes. MR. MABB-My wife and I. MR. TURNER-You're going to merge the two lots, then, right? Are you going to merge the two lots? MR. MABB-Are we going to merge the two lots, put them together? MR. TURNER-Yes. MR. MABB-No. MR. TURNER-No. MR. MABB-Not at this time. MS. C1PPERLY-I guess if he got the Use Variance, he'd have to come back and get an Area Variance to be on a Town road, then. MR. TURNER-You don't own that driveway, right? MR. MABB-No, I don't. That's been a driveway through there since, probably, 60 years or better. The Power Company went down through there and put a power pole in, from what I understand. MR. TURNER-Yes. MR. MABB-Mrs. Green lived there. MR. TURNER-Well, I think there's a gentleman in the audience maybe can answer the questions, okay. So, anyone else have any questions, as to that aspect of it? Any other concerns about the mobile home being there, placement of a mobile home being there? Do you want to address that issue now, with him? MR. CARVIN-The mobile home that's there now, where's the lot? Is that one going to go? MR. TURNER-It's going to go. MR. CARVIN-There's a mobile home on the lot now? MR. MABB-Yes. MR. CARVIN-Okay, and is that one going to go, or is there going to be another one there? MR. MABB-No, that one's staying. MS. CIPPERLY-That's the one that he's trying to get permission to have there. MR. MABB-I had one there before. They gave me a permit for it, a year. Then I came for another one, and they said I might better go, instead of going year, after year. The one that was there burned. There was an old man living there, and he dropped a cigarette in the couch, and she went. I took it all out and cleaned it all up. MS. CIPPERLY-Was it Mr. Hatin that told you to come in and get a, straighten this all out? MR. MABB-Yes. - 2 - '-- MS. CIPPERLY-Yes. Dave ~-latin has been trying to, the Building Inspector, he's been trying to get this legal. MR. MABB-There was one there way back, years ago, (lost word) lived there. MR. TURNER-Okay, but how long was that gone, George? How long has it been since that was there? MR. MABB-The whole complete trailer building that was there, part of it was (lost word) they built buildings around there. It was caving in, and I took it there. was never gone. The old part of that old building. trailers. That's what was all down and put a trailer MS. CIPPERLY-This is why I went to the Assessor's Office, to try to figure out what had been there in the past, and from the picture, it's impossible to tell, because it was complete surrounded with wooden additions, which Mr. Mabb had said they, whoever built this, was in the habit of just adding on when they could get scrap lumber from the dump or something. So it really wasn't possible to tell. The Assessor's records indicated they didn't even consider it necessarily habitable. So that's what was there. MR. CARVIN-That's the one that burned down? MS. CIPPERLY-That was demolished and then another trailer was put on. MR. MABB-No, tha t 's the one took down becaus e it down. The one that bur ned down was the one tha t Queensbury gave me a permit to put in there. was falling the Town of MR. TURNER-Did you get it from tIle Town Board? You had to get it from the Town Board then? MR. MABB-Yes. I went to the Town Board and got a year permit. MR. CARVIN-How long after the one that burned down was it replaced? MR. MABB-I moved that one over on this side of the lot and moved the other one right in. MR. CARVIN-So there was no appreciable time lapse? MR. MABB--No. MR. CARVIN-Who owns the piece of property, there's a, looks like a ramshackle shack that's In the front there, right on Sherman. MR. MABB-Right on Sherman? MR. CARVIN-Yes. MR. MABB-It belongs to Charlie VanGuilder. MR. TURNER-That's the one L1n talking about, George. That's the one you said YQQ owned, but that belongs to Mr. VanGuilder. MR. MABB-No, that's not mine. MR. TURNER-Okay. That's the one 1 was talking about. MR. MABB- I'm right next door to that. MR. TURNER--Yes. MR. MABB-Two story building. MR. TURNER-Yes. 3 MR. CARVIN-Also, if memory serves correct, is there another house out in back, too, or is there just the trailer out there? MR. MABB-Ther e us ed to be. I tor e it all down. a permit to put a trailer there. The Town gave me MR. CARVIN-Okay. MR. TURNER-Anyone else? MR. MABB-All I'm doing is replacing what's there. MR. TURNER-Okay. Let me open the public hearing, and we'll see where it goes from there, George. I'll now open the public hearing on this application. PUBLIC HEARING OPENED HAROLD W. KATZ MR. KATZ-My name is Harold W. Katz. My post office address is P.O. Box 3203 Glens Falls, NY. I own 25 acres of land on the south side of Sherman Avenue, some fronting on Howard Street, some fronting on Leo Street, and then running west, and the back towards Luzerne Road. The property that Mr. Mabb was discussing, I don't have dates or the deeds. It was sold in three separate parcels. The two front parcels were 60 feet wide and 150 feet deep. Subsequently, a man named Lopez, who bought them originally, purchased another strip of land, which was roughly 100 feet deeper, in the back of these two parcels. To the west of this parcel that supposedly Mr. Charlie VanGuilder owns, it shows on the tax map in large, or dark lines, as what might be the street. This is from the original survey made by Claude Adams. At the time that Mr. Ripley owned this property and had it surveyed, he intended to put streets through, and have them developed. I bought this property in 1971. Since that time, nothing has changed, as far as the lot lines are concerned, or anything else. Mr. Mabb, and I'd say as a result of my being gracious to him, has continued to use this 50 foot strip that shows on here as being a street, anyway he wanted to. I have not interfered with that, although each time he used it, of course, he was violating mY rights, and in fact was encroaching, until such time as it became apparent that what was ever going on between Charlie VanGuilder and Harry VanGuilder and Mr. Mabb was a detriment to the entire neighborhood. Up until this time, I haven't done a thing about this. Mr. Mabb has been a trespasser. It didn't seem to bother him a bit. I haven't interfered, but I note that most of these inhabitants and residents on the south side of Sherman Avenue, who's properties run along and divide some of mY frontage, have done a great deal to improve their homes. They're single family residences. There are no trailers there. They've spent money. They've tr ied to maintain them, landscape them, and do a great deal for them. The only eye sore in that entire stretch is this particular parcel we're talking about. I understand Mr. Mabb has already moved in parts of the frame of the new trailer, without even having a variance to begin with. I would remind you that one of the purposes specified by the Zoning Ordinance, in SR-IA zoning, is to enhance and protect the character of Queensbury's suburban neighborhoods, and to provide for future residential development opportunities. I can tell you that since I've owned this property, there has been no one who has wanted to b u i 1 d res ide n c est her e , p rima r i I y be c a use 0 f t his eye so r e t hat exists, that's owned by Mr. VanGuilder, and apparently is being purchased by Mr. Mabb. I'm not going to permit Mr. Mabb to be a trespasser any longer. Therefore, if he's unable to use this 50 foot strip, he will have absolutely no access to the property on which to locate his trailer. I think it's doing a total disservice to the other residents in that general area, to permit a variance here for a trailer, or continued usage of that property in the manner which it's been used heretofore, unalterably opposed, and I'll go on record right now as advising Mr. Mabb that I'm going to - 4 - -/ "- block off that road, and I'm not going to permi t any further trespassing by anyone. Now there are about three other similar strips along that south side of Sherman Avenue that are my property. If necessary, I'll block them all off. I hate to do it, but I've owned this since 1971, and I've tried to be real nice about it. People have come in, cut down trees. They've done a lot of things in there. I don't know who they are, because I'm not there to watch it. Many of that, I'll note for the record, is a trespass. This is landlocked. Therefore, I don't know how Mr. Mabb intends to have access to this parcel, unless they tear down that house that fronts on Sherman Avenue, pardon me, that shanty. I'll answer any questions you may have. MR. TURNER-Okay. Has anybody got any questions? MR. CARVIN-Well, the obvious question is, Mr. Mabb has indicated a right-oi-way. To the best of your knowledge, is there any right- of-way? MR. KATZ-There is no right-of-way. MR. MABB-That was Howard Street extension, years ago, and that's been a right-of-way for better than 50 years there. Nobody's ever s top p e d my way 0 f go i n g t h r 0 ugh the r e . I ' ve n eve r had any problems. Mrs. Green raised seven kids down there. The Power Company has a right-of-way to go back there and put a power pole up for that house that was back there, that you call a shanty. Now why isn't it still a right-of-way for anybody else? There is a fire lane down through there. If there wasn't a fire lane, we would have been burned out a long time ago, including last year, when West Glens Falls had to go out there and put a fire out at the pole lines, and on your property. Now if you close those roads off, the right-of-way out through there, you're going to burn half that neighborhood out, when it starts again. MR. KATZ-Well, Mr. Mabb, I'm not about to engage in a discussion with you here. The record is clear. The deed, which is on record, under Mr. Ripley, Mr. Ripley's estate. MR. MABB-(lost word) see the deed and the right-of-way that closes that off as a right-ai-way. MR. KATZ-There is no right-of-way. MR. MABß-Yes, there was. You go back on the old Town maps and you'll see it was Howard Street extension years ago. Look at the map. MR. KATZ-That's not my job. MR. MABß-Well, it's not my, you're questioning mY rights. MR. KATZ-No, I'm not. MR. MAßß-You said yourself there was a dark, In there for a right- of-way through there. MR. TURNER-Okay. Thank you. Any other questions for Mr. Katz? All right. MR. KATZ-Thank you very much. MR. TURNER-Anyone else wish to be heard in opposition to this application? PUBLIC HEARING CLOSED MR. TURNER-Okay. Any discussion? If Mr. Katz is gOlng to close it off, there's no right-of-way. It's not maintained by the Town or anything. The Town doesn't maintain the road at all, does it, 5 - "~" George? MR. MABB-The Town hasn't maintained that road in probably 30 years, that I know of. I've lived up there. MR. TURNER-I know you have. Yes. MR. KATZ-I didn't hear that. MR. TURNER-I said the Town does not maintain that so called right- of-way or extension of Howard Street. MR. MABB-No. They haven't done its ince they cut the road way through when the put the power pole up. MR. KATZ-It's never been dedicated to the Town, nor accepted. MR. TURNER-Okay. That's all want to know. We can't grant a variance on a, no frontage on a public highway. MR. CARVIN-I was going to say, I mean, there seems to be an awful lot of road blocks to this, before we can even move ahead. MR. TURNER-Yes. MR. MENTER-Mr. Mabb, YOU re not the owner? Mr. VanGuilder still owns the property? MR. MABB-He still owns it. I've only got it half paid for. MR. MENTER-Okay, and you re looking to purchase that? MR. TURNER-You're in the process of buying the property. correct? Is that MR . MAB B - Yes . I ' ve got i t h a 1 f p aid for. I c 1 e a n e d i t up. I spent thousands of dollars. Yes, I did move part of the trailer frame in, that he was told that I put in yesterday. There's a house trailer frame that I took out of the woods, that was given to me, and I cut it up, and it's gone, right now. It's gone. I cut it up and gave it to my nephew to make a dumpster for his garbage. MR. MENTER-Do you have specific information as to the status of that 50 foot strip, that right-of-way, piece of right-of-way? MR. MABB-No. I don't have anything. All I know is that we've been using it for better than 50 years. MR. TURNER-George, what you might better do is get a copy of the deed or something from Mr. VanGuilder, and then you can clarify what, who owns what. Mr. Katz knows what he owns. Lets see what Mr. VanGuilder owns. MR. MABB-I know what he own. MR. TURNER-I know, but you don't have a record to show it. MR. MABB-Who owns the road, Katz or the Power Company? MR. TURNER-Mr. Katz. MR. KATZ-First of all, it's not a road. MR. TURNER-It's not a road. MR. KATZ-Second of all, the Power Company asked for permission to go in and put in the pole, and they also bought an easement the power I ine east and west through this property that There wasn't any question about their being able to put pole. They asked for permission and they received it. to run I own. up the - 6 - '- -.../ MR. MABB--You gave them permission to put the power pole up years ago? The area that they use for a road is owned by you. MR. KATZ Exactly. MR. MABB-How did you get the road? MR. KATZ-It isn't a road. It's just part of the land I own. MR. MABB-That's been a road better than 60 years. MR. TURNER-George, it has to be dedicated to the Town, to becomc a road. MR. MABB-All right. What if I connect that with my other property? What if I connect the whole thing to my property? MR. TURNER-That's up to you. MR. MABB--I'll connect the whole thing, if that's what you want. I'll have a new deed made out. MR. KATZ-Excuse me. What do you mean by connect the whole thing, George? MR. MABB-I'll connect it with my property. MR. KATZ-Connect what? MR. MABB-My property in the back, that I'm buying from Mr. VanGuilder. MR. KATZ-I have no problem with that. MR. MABB-And if you're going to close the road off, close it off, and you stop them from going all the way out back and dumping, and I hope my house doesn't burn because you closed the fire lane off. I'll connect the whole property, if it's all right with Mr. VanGui lder, I'll connect it all. MR. TURNER-This is going to go no place. MR. KARPELES-Well, we're getting bogged down on the right-of-way, but I think there's some other considerations. MR. TURNER-There's no bogging down in the right-of-way, because it's not a dedicated road, and Mr. Katz has a map right there, and just because George used it, doesn't give him ownership of it. It doesn't give anybody ownership of it. MR. MABB-I didn't say that. MR. KARPELES But I think therc's some other concerns also. MR. MABB-There's been a mobile home back there, way back in the 60's. MR. TURNER-I know, George, but nobody's pushed the issue now. MR. MABB-Not now, because it's a home, and I tore the old building down because it burnt, and somebody got hurt. MR . KARP E L E S - I don' tun de r s tan d why are a son a b 1 ere t urn i s n ' t possible if the land is used as zoned, and I think it would have a definite adverse effect on the neighborhood character. MR. MABB-Neighborhood? I'm out in the woods, next There's nothing there but woods, and my property. don't go out and spend a thousand dollars planting mean it's not (lost word) property. to a pole line. Just because I flowers doesn't -- 7 MS. CIPPERLY-Mr. Katz, did you intend to possibly develop that 25 acres at some time in the future? MR. KATZ-Yes, as a matter of fact. MS. CIPPERLY-As a residential? MR. KATZ-Residential, well, half of it was (lost word), the front half, that is that area that fronts on Sherman Avenue, is zoned SR- lA, but the back hal f, toward Luzerne Road, is zoned Light Industrial. Why that was done, I don't know. At the time, the powers that be thought that's the way they wanted it. MR. TURNER-Okay. Lets move the application. MR. CARVIN-Well, choices, here. think, again, we come down to a couple of MR. TURNER-Either deny it or table it. MR. CARVIN-Yes. MR. TURNER-This gentleman wants to, I'll just open the public hearing one more time. PUBLIC HEARING RE-OPENED MIKE RAFFERTY MR. RAFFERTY-My name is Mike Rafferty. I reside at 474 Sherman Avenue, two or three lots west of this property. Several years ago, I' v e bee nth ere a p pro x i ma tel y 1 7 yea r s . I ' vet r i e d to buy both pieces of property next door to me. I was advised that they would not connect mine because the piece of property in the center is Mr. Katz's. I've been offered both pieces of property by the owners over the years that I've been there. Mr. Harry VanGuilder informed me that his was available first, but it was landlocked. This is 10 years ago (lost word) through the VanGuilder family. Now he owns it. I th ink it was owned by his mother when she was alive. He said it was landlocked. The own thing that connected was his brother's property, Charlie's in the front, and what is now Mr. Mabb's, to the right. A few years back, one day there was an enormous trailer going in the back yard down this property of Mr. Katz's, George was bringing in a trailer, and I rushed out and asked him what he was doing. He said, this is my new shed. Well, the shed got put in. Many of the neighbors complained, Dave Hatin started his siege that's been going on for a couple of years. At one time, there was at least two trailers, the time one burned, there were two there. There was no permission, for a long period of time, for somebody living in a house trailer attached to the building, or excuse me, a travel trailer. We went to court, and Mr. Hatin asked me if I would attest to what I saw happening on the property. I did. It came to court, and we were the laughing stock. Since then, recently, there has been a lot of cleaning up going on. There's a new person living in the thing, and it was mY understanding that he had permission to have a trailer there for a year, which ended about the first of the year, and it's my understanding Mr. Hatin's been getting, tried to get you to correct this, move the trailer, or make it legal ever since. I tried, on many occasions, putting signs up on that piece of property, saying that it was private property, not an open road. The signs disappeared. I parked my vehicle over there, and I was told by people visiting Mr. Mabb they'd run over my vehicle, kill me if I gave them any hard time. There was nothing but problems over it, repeated times. I've had long talks with Mr. Mabb, including one this afternoon, because that is not open property. He refuses to accept it. I've told him I've checked with the Town several times over the last several years. He refuses to accept the Town's word. Mr. Hatin's told him a dozen times he can't use that land. He refuses to accept it. I have a tax map here that shows that it's, - 8 - -.-/ '- I picked it up today. It shows that the property is landlocked, but it is landlocked on one side by his current property. If he were going to put an access road through his property, then it might be acceptable, if you choose to let him put a trailer there. MR. TURNER-Any questions before he leaves, anybody? MS. C I P PER L Y - D 0 you h a vet h eta x ma p ? I'm won d e r i n gab 0 u t the total acreage that Mr. Mabb owns. Just let me take a look. MR. CARVIN-I think, in the future, Ted, I think one of the things, if we're going to table this, that we ought to have a map of who all the players are and what the properties look like. MR. KARPELES-Why are we tabling it? MR. TURNER-Well, the issue came right up this evening as to the piece of property being landlocked. Nobody knew anything about it. MR. KARPELES-There's an awful lot of good reasons for rejecting it, without tabling it. MR. TURNER-Let him table it if he wants to table it, but he'll have to bring back the evidence. MS. CIPPERLY-It would also require a variance. MR. TURNER-For frontage on a Town road. MS. CIPPERLY--To have two principal dwellings on less than two acres. MR. TURNER-Dwellings on one lot. MS. CIPPERLY-He doesn't have happens, he's go i ng to need research this some more, but two a ere s . So, noma t t e r w hat ei ther another variance, or we can I'm not sure that it would. MR. TURNER-Do you understand that, George? MR. MABB-There's been a trailer there since 1960. It's been there. Maybe not this one, but there's been one there, since way back in the 60's. All I did is took a building down that was part of one and replaced it. The Town gave me a permit for that one. Yes, I did have a misunderstanding with Dave Hatin, because I'm a hot headed German. I cleaned that land by my hands. I should be hot headed, because all I did was replace the building. That was there since 1960, and I'm here tonight because he asked me to do it this way. He never said I couldn't use that for a right-oi-way or anything. MR. TURNER-George, but he doesn't have control of the right-of-way. MR. MABB-Right, I understand that, but he just stated that, he told me I couldn't use his right-of-way. He never told me that, or I can't build a road on the other side, on my own land. MR. TURNER-Mr. Katz owns that piece of property you call a right- of-way. MR. MABB-He says he does. haven't seen any papers. MR. TURNER-Well, he's got it right there. MR. MABB-Let him show it to me. MR. TURNER-So what's your pleasure? Do you want to table the application so you can furnish this Board with some evidence? MR. MABB--On wha t? - 9- MR. TURNER-On the property, what you want to do with it. You don't have access from that lot to the highway. That's one variance. If you combi ne your proper ty with the other proper ty, you need a variance for two structures that are under the acreage. MR. MABB-Under the grandfathered law, that road's been open for better than 50 years. MR. TURNER-George, it's not dedicated. If it's not dedicated, you don't own it, and you don't have rights to it. What's your pleasure? Do you want to table the application for now? MR. MABB-Table it, please. MR. TURNER-All right. MOTION TO TABLE USE VARIANCE NO. 28-1994 GEORGE M. MABB, Introduced by Theodore Turner who moved for its adoption, seconded by Fred Carvin: At the applicant's request, to furnish the Board with further information as pertains to this application. Duly adopted this 15th day of June, 1994, by the following vote: MR. CARVIN-I'd like to also suggest that Mr. Mabb consult a lawyer to find out what the legal ramifications are, have the deeds researched, and make sure that there is or isn't any right-of-ways there, and what you can and can't do if you combine it, because I don't think you understand all the ramifications there. MR. MABB-Why can this guy take a trailer out today. Tomorrow move another one in? I moved one out that's been there better than 30 years and put one there? MR. CARV IN-Okay. Mr. Mabb, don't th i nk anybody' s ar gu i ng the trailer, but how are you going to ~ to the trailer? MR. MABB-I' 11 cut a road through illY property. MR. CARVIN-Okay. That's what I'm saying. You just can't cut a road through your property because you're opening up another can of worms. MR. MABB-It's illY property. If I want to put a road on it, why can't I? I'm the one that paid for it. MR. CARVIN-Because, let him explain it. still think you better consult a lawyer, and MR. MABB-I will. MR. TURNER-George, when you table the application, you have 60 days, all right. At the end of 60 days, it's a new application. Okay. AYES: Mr. Maresco, Mr. Menter, Mr. Karpeles, Mr. Carvin, Miss Hauser, Mr. Turner NOES: NONE ABSENT: Mr. Thomas USE VARIANCE NO. 29-1994 TYPE: UNLISTED SR-20 RONALD & VIVIAN DELONG OWNER: SAM CHATTERTON 418 DIVISION ROAD APPLICANT PROPOSES TO PLACE A MOBILE HOME OUTSIDE OF A MOBILE HOME OVERLAY ZONE. RELIEF IS SOUGHT FROM SECTION 179-29, WHICH DESIGNATES AREAS WHERE MOBILE HOMES ARE ALLOWED, AND FROM SECTION 179-19D, ALLOWED USES IN A SUBURBAN RESIDENTIAL 20 ZONE. (WARREN COUNTY PLANNING) 6/8/94 TAX MAP NO. 147-1-51 LOT SIZE: 200 FT. BY 200 FT. - 10 -- ----' "-- SECTION 179 190, 179-29 RONALD & VIVIAN DELONG, PRESENT STAFF INPUT Notes from Staff, Use Variance No. 29-1994, Ronald & Vivian DeLong, Meeting Date: June 15, 1994 "APPLICANT: Ronald and Vivian DeLong PROJECT LOCATION: 418 Division Road SUMMARY OF PROJECT: Applicant proposes to place a mobile home outside of a Mobile Home Over lay zone. CONFORMANCE W ITH USE/AREA REGULATIONS: Re 1 i ef is sought from Section 179-29, which designates areas where Mobile Homes are allowed, and from Section 179-19D, allowed uses in a Suburban Residential 20 zone. REVIEW CRITERIA, BASED ON SECTION 267-b OF TOWN LAW: 1. IS A REASONABLE RETURN POSSIBLE IF THE LAND IS USED AS ZONED?: Parcel No. 147-1--51 is large enough to be subdivided into two conforming lots. The only way to accomplish this is to create a front and a back lot. This configuration is not necessarily desirable unless there is a family relationship between the occupants of both parcels. The appl icant is the owner's son, who needs to live near his parents at this time in their lives, and a mobile home is what he can afford. There has not been an attempt to market the property, as reasonable return is not the purpose behind this request. 2. IS THE ALLEGED HARDSHIP RELAT I NG TO TH I S PROPERTY UN I QUE, OR DOES I T ALSO APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD? As described above, the situation is somewhat unique. 3. IS THERE AN ADVERSE EFFECT ON THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD? This would not be the only mobile home in the neighborhood, but the majority of the homes are conventional construction. Since this would be a rear lot, and there is an existing house and vegetation, it would not be extremely visible from Division Road. It would be visible from Ogden Road, to the wes t. Staff recei ved one phone call, to date, in which the caller expressed strong feelings about mobile homes in general in the neighborhood, not wanting any more to be installed. The caller was reluctant to give a name, but was advised to submit a written conrrnent to the Board, if possible. 4. IS THIS THE MINIMUM VARIANCE NECESSARY TO ADDRESS THE UNNECESSARY HARDSHIP PROVEN BY THE APPLICANT AND AT THE SAME TIME PROTECT THE CHARACTER OF THE NEIGHBORHOOD AND THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY? Yes, it is. PARCEL HISTORY: The first sale of this parcel looks to be August 30, 1974 by Allan and Loren Chatterton. STAFF COMMENTS AND CONCERNS: Since the lot can be legally subdivided, the Issue is purely whether to allow the installation of a mobile home rather than conventional housing. ATTACHMENTS: SEQR: This is an Unlisted Action. The Short Form EAF needs to be reviewed." MISS HAUSER-Warren County Planning Board, on June 8th, 1994, recorrul1ended that there was "No County Impact" with this variance. MR. TURNER-Mr. DeLong, do you care to add anything further to your comments on your application? MR. DELONG-No, that's probably about all. MR. TURNER-Your only reason to put the trailer there is to take care of your wife's parents. Is that correct? MR. DELONG-Basically, that's it. MR. TURNER-Well, you have to prove to us that you can't realize a reasonable return if the land is used as zoned. You already have one principal dwelling on the one lot, and you propose to subdivide the lot i nth ere a r, and ma k e a n add i t ion a I lot, but you h a v en' t tried to market the lot or put a conventional home on it. MR. DELONG-I understand that, and the lot probably would never ever be sold. My parents are not going to sell the lot, no matter what. The lot is going to be turned over to us, and he's not ever going - 1 1 - to sell the lot. He's actually going to sign the lot over to us, because and then we own the lot ourselves. As it is right now, he's already signed it over to us. So, therefore, it will never be on the market. MR. CARVIN-How old are the parents? MRS. DELONG-My father's 80, he will be next month. My mother's 78, and my mother just had a stroke, about a year and a half ago, which has affected her memory, affected her sight. She had cataract surgery on both eyes, and which didn't help much, and my father's had a heart attack. He still works outside every day. He works really hard and strong, but he can't do everything himself. My mom (lost word) the laundry. She can't cook. She can't do anything. So, as it is right now, we're living with them, but we're paying lot rent on a mobile home that's just sitting there. We've been living with my parents for probably a month now. MR. CARVIN-And where would that be? MRS. DELONG-That's right on Division Road, Box 418. That's where my parents live. MR. CARVIN-Okay, in the existing single family home? MRS. DELONG-Right. That's where we re living right now, but our mobile home is in Homestead Village. MR. TURNER-They're going to put theirs in. MR. CARVIN-Okay. The mobile home is your mobile home? MRS. DELONG-Right, that's our mobile home. parents' house. The house is my MR. CARVIN-Okay, and what year is the mobile home? MRS. DELONG-It's an '88. MR. CARVIN-'88. What is it, 14 by? MR. TURNER-Fourteen by seventy-two. MR. CARVIN-I guess one of the questions Ijm going to ask, and I don't want it taken in the wrong way, but, because of the age of your parents, and because the subdivision of the lot, what happens if they should require nursing home care, or if they should move out of that mobile home, if the mobile home is allowed in there? MRS. DELONG-They're not going to live in the mobile home. We will. My parents will live right in their house that they're in now. MR. CARVIN-Okay. Same question, same scenario. Lets say your parents vacate the premises. Would you move into the house, or is this going to be your permanent residence there? MR. DELONG-No. They have a son that lives with them now, which is, he's about 60 years old, too. When they pass away, he will live there by himself. He will inherit the house. MR. CARVIN-Okay. So at likelihood of those lots this point there's probably very ever being sold? little MR. DELONG-Right. MRS. DELONG-It'll never be sold. Even with, he's got it in his will that when something happens to them and something happens to my other brother, it's to be put down to kids and then to grandchildren, and he never wants the lot sold, never. - 12 - --,,' '-' MR. DELONG-He put it in his will. MRS. DELONG--He put it in his will that it has to stay in the family. MR. CARVIN-I still have the problem of putting a mobile home in there and you folks finding a place over in Bedford Close and moving out, and renting the mobile home, in other words, becoming a rental property. I guess that's one of mY biggest fears, in that particular area. MR. DELONG-I understand what you're saying, but that's not a problem. We plan on living in the mobile home the rest of our lives. I understand what you're saying, that we can't just rent the trailer, but that's not our purpose. We don't plan on doing that. We want to put the mobile home there permanently and live there the rest of our lives. We have no intentions on selling the land or the mobile home, or the house, the lot that the house is on. MR. CARVIN-Have you tried renting the mobile home at this point? MRS. DELONG-Not right now, no, because we're trying to, we haven't even tried to. MR. CARVIN-Do you have conventional house there? any intentions of ever building Would that be in the cards? a MR. DELONG-No. I own the mobile home now. Why should I build? I own my own home now. Why should I go out and make new payments, when I don't have one now? MR. CARVIN-Okay. I think that's all I have, for this point. MR. TURNER-Anyone else? Okay. public hearing. don't have any. I'll open the PUBLIC HEARING OPENED PLINEY TUCKER MR. TUCKER-I'm Pliney Tucker, Division Road, Queensbury. In the notes by the Zoning Board of Appeals, claims other mobile homes in the area. There's one other mobile home on the road, or on the street, and going back to when Hector was a pup, when the trailer was put in there, that was the only trailer that was to go on that site, and when that trailer was removed from the site, there would no longer be a mobile home there. I assume all you people visited this site out there on Division Road. I believe you will see that there isn't much vegetation to hide that mobile home from Division Road, no matter where it's sits on that lot. I'd rather be any place but here tonight, because I've know Sam Chatterton all my life. l've worked all my life, and this kind of stuff bothers me, but we just went through a total reval, in the Town of Queensbury, and I know my particular home, the assessed valuation was doubled, and being a contractor in the building business, banks, or lending institutions, lets not pick on banks, but lending institutions frown on mobile homes in areas where you're trying to borrow money to build homes, and I have information from a pretty good source, and I'm not going to mention names, but I understand if this application is approved, that you're going to have another one in front of you right away to locate another mobile home on that street, and if you've been out there in the neighborhood, you know there's some pretty nice homes there, and people have worked hard all their lives to put these things together, and I just personally feel that if this is allowed to happen, that it's going to devalue the properties on that street and in the area. Thank you. MR. TURNER-Okay. Anyone else wish to be heard in opposition to the application? -- 1 3-- PUBLIC HEARING CLOSED MR. TURNER-Okay. Public hearing's closed. Any Correspondence? CORRESPONDENCE MR. TURNER-We have one letter that came in, but it's not signed. MS. CIPPERLY-That's probably the person that called. MR. TURNER-Well , it's lives on the street. a concerned citizen of Division Road, who I think you should read it into the record. MISS HAUSER-Okay. "To Whom It May Concern: I would like to state my position that do not want a mobile home located on Division Road. But, at the same time I do not want to offend my neighbors, so I will not sign this letter. My hope is that the Zoning Board follows its own codes and enforces not allowing a mobile home outside of a Mobile Home Overlay Zone. Please do not lower my property value! Do not allow a mobile home on this road! A concerned citizen of Division Road" And it was written on June 13th, 1994. MR. MENTER-Do we enter unsigned letters? MR. TURNER-It's a sign it anyway. letter. concerned citizen. They called there, They called, and wouldn't and that's the follow up MR. DELONG-Can I just ask a question? If that letter's not signed, and you don't know who it's by, how can that letter mean anything to this meeting here, as far as the people? MR. TURNER-I don't think it really is, Mr. DeLong, but it is signed by a concerned citizen of Division Road. MR. DELONG-I understand that. I'm just asking, how can that affect the opinion of you people here, when I don't even know who the people are, if I could talk to them, or whatever. MR. TURNER-I don't think that Board's opinion at all. Okay. letter is going to reflect Any discussion on it? on the MR. CARVIN-How would you address devaluation of the property values? Mr. Tucker's issue of the What is your feeling there? MR. DELONG-I understand Pliney Tucker, and I (lost word), but by the same token, I don't see where we're going to bring the value of his property down. He's down the street, and our mobile home is a fairly new home, and we keep it up, and it's not going to look like the one that's down the road, but that's only my word against his word. If I owned a home, I would understand what Pliney's saying. So I can't, again, go against him. If I owned a home, I'd probably feel the same way. We're here because we're trying to put a mobile home on a subdivision lot, to help her parents, and we have to go through this for the variance and everything, and that's what we're try i n g to do. We' l' e not try i n g t 0 h u r tan y bod y 0 r ma k e h a l' d feelings. We're just going by what we're supposed to do, as far as planning. MRS. DELONG-We'd even be willing to put a fence so no one could see the mobile home. MR. DELONG-Whatever it takes to satisfy somebody, we'll do. MRS. DELONG-We don't want to argue. It's just for me to take care of my parents, because the easiest would be to live right next to them. It's very hard for two families to live in the same house. That's the main reason we are trying to get our mobile home right next to my parents. So we still have our own home, but I'm right next door, so if something happens. - 14 - --,' - MR. DELONG-It's not like the home is going to be on wheels. We're putting it on a foundation. MR. TURNER-I understand, and I told you before. This doesn't deal with personalities, or your personal position. It deals with the use of the land, and that's all we're interested in is the use of the land. MR. DELONG-I agree with you 100 percent. MR. TURNER-We've had other applications of a similar nature to locate mobile homes on lots to take care of parents, and sick relatives, and that's not the criteria for a variance. If they're going to subdivide the lot, they can build a house on it. MR. MENTER-In my view, there's certain criteria that need to be met to continue considering the other factors, and one of them is reasonable return, that it cannot realize a reasonable return without taking this action. As Ted says, it's not a personality thing, and the situation certainly justifies consideration, but if you can't get by that, I think it's, it would be technically incorrect to do anything further. MR. DELONG-I understand what you're saying 100 percent. What I'm trying to explain is, we wanted to move the mobile home, there's steps that we had to take, and we took those steps, and that's why we're here tonight. What you guy decide, we're not trying to (lost word). We didn't know what we had to do, so this lady over here helped us most of the way through it, and that's why we're here. MR. TURNER-Okay, but, you know, I'm just trying to tell you where I'm coming from, and we've had these similar instances before, and they don't fly, because it has to deal with the land, not anything else, and that's where it stands. You have to meet the criteria for a variance, and you're not doing it. No further discussion? Motion's in order. MOTION TO DENY USE VARIANCE NO. 29-1994 RONALD &. VIVIAN DELONG, Introduced by Fred Carvin who moved for its adoption, seconded by Robert Karpeles: The applicant is applying for relief from Section 179-29, which designates areas where mobile homes are allowed. The applicant has not proven that a reasonable return is not possible if the land is used as zoned. The applicant is also seeking relief from Section 179-19D, and again, the applicant has not shown that a reasonable return is not possible if the land is used as zoned. It is also felt that a possible adverse effect on the essential character of the neighborhood would be created if this variance is granted. Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Menter, Mr. Karpeles, Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Turner NOES: NONE ABSENT: Mr. Thomas SIGN VARIANCE NO. 30---1994 TYPE: UNLISTED PC-IA ILIAD LTD. D/B/A BRUEGGER'S BAGEL BAKERY OWNER: ILENE FLAUM ROUTE 9 AND 254 QUEENSBURY PLAZA SECTION 140-6 OF THE SIGN ORDINANCE ALLOWS EACH OCCUPANT OF A BUSINESS COMPLEX ONE (1) WALL SIGN. APPLICANT PROPOSES TO INSTALL ONE (1) WALL SIGN ON THE GLEN STREET SIDE, AND A LOGO ON THE WEST SIDE OF THIS CORNER LOCATION, FACING ROUTE 9 AND 254. (WARREN COUNTY PLANNING) 6/8/94 TAX MAP NO. 103-1-1.2 LOT SIZE: 12.63 ACRES SECTION 140-6 JON LAPPER, REPRESENTING APPLICANT, PRESENT 15 - STAFF INPUT Notes from Staff, Sign Variance No. 30-1994, Iliad Ltd. d/b/a Bruegger's Bagel Bakery, Meeting Date: June 15,1994 "APPLICANT: Iliad Ltd. d/b/a Bruegger's Bagel Bakery PROJECT LOCATION: Route 9 & 254, Queensbury Plaza (west end of Queensbury Plaza) PROPOSED ACTION: Applicant proposes to install a sixty-five (65) square foot wall sign on the Route 9 side of the store, and a nineteen and eight tenths (19.8) square foot logo on the west side of the store, facing the Route 9/254 intersection. CONFORMANCE WITH USE/AREA REGULATIONS: Section 140-6 of the Sign Ordinance allows one wall sign of up to 100 square feet at this location. Applicant is proposing an additional logo sign, but the combined square footage of the two signs will be 1 ess than 100 squar e fee t . REASON FOR VARIANCE REQUEST, AND BENEFIT TO APPLICANT: This is a corner location, an visibility from the Route 9 and 254 intersection, as well as the Route 9 side, would be desirable. FEASIBLE ALTERNATIVES: There is no alternative to accomplish the same result without a variance. IS THIS RELIEF SUBSTANTIAL?: This logo sign seems to be the minimum relief needed to accomplish the objective. EFFECTS ON THE NEIGHBORHOOD OR COMMUNITY: It does not appear that this sign would have an adverse impact on the community. No public comment has been received as of this writing. IS THIS DIFFICULTY SELF-CREATED?: The difficulty appears to be the inability of the building to be seen from the major intersection. The Olive Garden restaurant presented a similar difficulty. PARCEL HISTORY: This particular store location is what used to be the end of the building, before the restaurant was constructed. A facade plan for the Queensbury Plaza is currently under review by the Planning Board, and this proposal appears to agree with it. STAFF COMMENTS AND CONCERNS: No further comment. SEQR: This is an Unlisted Action. The Short Form EAF needs to be reviewed." MISS HAUSER-On June 8th, 1994, the Warren County Planning Board recommended to disapprove this variance. Their comment, "The Warren County Planning Board believes that the applicant should conform to the Town of Queensbury Sign Ordinance. The Town of Queensbury allows only one wall sign and it is noted that the Board believes that the applicant's logo is also considered a sign." MR. TURNER-Okay. Mr. Lapper. MR. LAPPER--Mr. Chairman, with me tonight is George Neil from Bruegger's, and Howard Carr, Manager of the Plaza, who's also here to answer questions. I guess, to start wi th, we recognize how seriously this Board takes the Queensbury Sign Ordinance. We think that we've got a real legitimate issue here. To start with, what we mentioned in the application, the two signs together that we're asking for are less than the total square footage, 100 square feet, that's required. These together are less than 85 square feet. The issue for my client is visibility, as the cars are coming south, mostly, on Route 9, and they just feel that unlike other sites within the Plaza, which is included in the application, it's really a matter of the angle. When you're coming south, you just can't see Bruegger's because it's the first, because they're going to take the first site. You can't see it when you're driving south on Route 9. When you turn to the left, if you're coming past the Plaza, you'll see the other uses in the Plaza that are farther in, but this one you just have to turn your head so far back, it's a visibility issue, and this type of a business, drive by traffic is important, commuter traffic is important. What we're looking for is just a small sign on the blanket side which, of course, used to be the corner parcel, with just their logo. It's 19 square feet. It's just their logo. It's not so much that you could even read that sign, because of the size, from the road, more just for identification. That is just a very simple, tasteful neon sign that would be on a white background, for people to identify it, the shape of the logo as a bagel, and it'll just draw people in to make the business viable. I think Mr. Neil would like to address the Boar as well. -- 16 - '-/ '- GEORGE NEIL MR. NE I L-- I'd 1 i ke to thank you for your time. Our appr oach to coming in to the market place and identifying the center as an opportunity for us was greatly thought out. We had been looking in this market for a number of years, and when we took a look at the opportunity to go into this Center, the site that we selected was based upon trying to obtain maximum visibility from what we think is the most significant intersection for vehicle traffic in QueensburyjGlens Falls community. In looking at what was available to us, we felt that there was also a significant amount of tourism which does, in fact, avail itself of traveling south on Route 9, approaching the intersection to Route 254, which, once again, may or may not know, after we're in the market place, that we're here, because they are not regular, year round residents of the community. The logo sign that we have requested has been our brand name identification trademark since the conception of the business, and we felt that the modest size we requested would satisfy the need to create that recognition in the market place, from almost (lost word) people who would not see us, standard commuters. MR. TURNER--All right. I've got to take issue with you. Coming down Route 9, you can see that building very clearly. You can see Rex. You can see eve r yon e 0 f them. You can see i t from 254. You've got to hang your head to the left, like this, with 254, if you're going west, b~t if you're coming down Aviation Road, it hits you right in the face. MR. LAPPER~I'm looking at the map, Mr. Turner, but I guess, when you say, when you're coming down. MR. TURNER-Route 9 from the north. MR. LAPPER-When you're coming, north on Route 9, there's certainly no issue. What we're concerned with is people coming south on Route 9, sitting in the intersection. MR. TURNER-Yes. I'm sorry. that building completely. travel it every day. If going south on Route 9, you can see You can see the whole front of it. I MR. LAPPER-This is a picture of the layout, and our point is that w hen you' r e t r a vel i n g her e , I mea n, you ma y see it, i f you' r e driving, and you're looking over to the left, just the angle is right here. You're not going to see it until you're already past it, until you're down here. You're going to look in, and you can see all the stuff here, but here, it's really, you have to turn your neck backwards. MR. TURNER-I know, but if you're coming in the area to shop, you're going to carouse around all these shopping centers. You're going to find what's there. You're going to know what's there, and you're going to be able to see this building. You're going to be able to see the sign that's on the front of the building. MR . CAR V IN - I was go i n g to say, i s n 't the rea f r e est and i n g s 1 g n that's down the road, by the entrance? MR. TURNER-Yes, but the thing of it is, you know, you re well aware that the Sign Ordinance has changed, that you can put your name out on the sign out by the road, now, if you've got room enough, okay. MR. LAPPER-Yes. That's an option, but what the logo. What we're looking for is the something that you can put on the sign. , we re logo, looking which for is 1 s no t MR. TURNER-I don't agree with you, because I think, I really think you can see that building very clearly, with no problem at all. MR. LAPPER-I guess, another way to look at this is that, the other - 17- prong of the test for an Area Variance, or Sign Variance, is the impact on the area. MR. TURNER-I think it will impact the area, because you re first in line. Then comes somebody else. What are you going to do about the guy that's down farther, that doesn't jut out? Do you want to put a sign up by 254? MR. CARVIN-I was going to say, is Strawberries part of this Plaza? MS. CIPPERLY-Yes. MR. CARVIN-Okay. Now if Strawberries came in and said that they want to put a sign right where Y.illd. are proposing to put a sign, as far as the shopping plaza is concerned, would they be allowed to apply for that? MR. LAPPER-No. They can't argue that they're a corner. this is the corner of the building. I mean, MR. TURNER-That's not a corner. That building's in corner. That's the first building In from the corner. Ga r den i s the fir s t b u i 1 din g 0 nth e cor n e r . T hat's building. f rom the The Olive the corner MR. CARVIN-You see, I think Stawberries or one of these other, like Ted says, I think if you moved down the line, I mean, they have probably a more legitimate claim to not being seen than what the Bruegger's does. MR. LAPPER-Well, the Ordinance addresses that, because the farther you get in, the more square feet you're allowed. They could have a larger sign because they're farther from the road, but in terms of the corner, the only people that would be looking at the Strawberries, the only people on the west of Strawberries, people inside in one of the other buildings. It's not, there's no issue, there's no visibility from the west side, from Strawberries, but this is the corner of the facade of the Plaza. Just like Olive Garden, argues, I mean, they're a little bit farther west, but. MR. TURNER-They're farther west because that's the way the building was built, and the facade of the building that's there was the old Boardman building. Is that not correct? MR. LAPPER-Right, the old A & P. MR. TURNER-Yes. MR. LAPPER- I guess we would I ike to show you that we've got, Bruegger's has a real serious issue there, in terms of the viability of the site, that they are afraid that just being on a corner there, that people don't see them coming from all directions, that they're not going to know that they're there. MR. TURNER-I've got to tell you something. Bruegger's won't have a probl em once they go in ther e, because if they make a good product, they're going to get clientele. Signs don't necessarily bring the clientele. You've got to have a good product to bring the clientele. MR. LAPPER-They do make a good product. very tasteful sign. Well, they also have a MR. TURNER-That's fine, but you can put 100 square foot on the front of that building, and you can identify yourself, and that's what the Ordinance says. You don't have any practical difficulty. You're making your own difficulty. MR. KARPELES-How far away can that sign be read, this logo? - 18 - -./ MR. TURNER-It can't be read. MR. LAPPER-The sign on the front, or the sign we're asking for on the side? MR. KARPELES- The logo, the one you want to put on, the circular one? MR. LAPPER-You can see it a great distance. MR. KARPELES-No, I mean read it, so that you know, identify what it is. MR. NEIL--I think, if I can respond to that, part of what we're sharing with you is the fact that this is, to us, in a similar circumstance, what the Golden Arches "M", is to McDonalds. When you see that, you recognize that it's their trademark. Therefore, you can easily identify the property. I think that, in terms of, one of the reasons why we're asking for this variance is that, unlike Strawberries or another destination shop retailer, the intensity of the competition for what the industry has referred to as "share of stomach" is dramatic, within that particular intersection as zoned. If you notice the number of different and distinctive food service operations there, ranging from Kentucky Fried Chicken, to Pizza Hut, to McDonalds, to two Friendlys, to Burger King, to Taco Bell coming into the market. I think that it really is a distinctive competitive disadvantage not to be visible in the market place, because we are a food service entity. We are seeking to become a reasonably, I think, successful entity in the market place. MR. KARPELES-I don't think you answered my question. How far away can that sign be read? MR. NEIL-Without having the sign, I can't tell you that, at this point. I've been told by people who can see the building that they bel i eve the y co u 1 d I' e ado u I' Ion g s i g n . My que s t ion is, from a pE:ripheral depth of field, with a long sign like that, that does not come out in a raised letter or (lost word). I have trouble reading the sign. I know what it says, because I've seen it from the other sign, the Rex sign that say, Audio Visual. If you were to take the same position on that sign, you cannot read the words "Audio Visual" because of the depth of field that's required to do that. Which is why a facia sign, looking at that intersection, is what we're seeking. MR. CARVIN-See, again, I think the only, all right, if you are coming south down Route 9, that that sign will have very little impact, because of the angle of the Olive Garden. Anybody coming south, that sign that's on the Olive Garden on that site is not visible from almost anybody coming south. Coming down, from the west, down Aviation Road into that intersection, you can look up the whole length of that mall, and you can see. MR. TURNER-Everything that's there. MR. CARVIN-So, I don't think you're going to have a problem for people coming down Aviation Road. You certainly won't have any problem from people going north up Route 9, because that sign, you know, you're out on the front corner. So I really have a hard time justifying hanging the logo sign right there. I just don't think it's going to be a benefit, and I don't, I think it's just one more sign. MR. NEIL-I think that if, from positioning in anyone of the three lanes that face that intersection and come from the west, from Exit 19 of the throughway, your positioning would need to be nearly perfect to see the sign that would face Route 9, because in addition to the fact that you have signs that already exist with Burger King, with Mobil, you have green space planting of trees - 19 that are in existence there. There is a very limited scope of opportunity, and almost a requirement of perfect positioning within a two or three vehicle length to be able to see this and stop and that is our position, is that that sign that we're seeking o~ the side, modest in size, but totally recognizable, within the context of what we do from a marketing standpoint, would be of great value to us in order to allow us to become successful in the market. MR. CARVIN-Let me freestanding sign? ask you this. Is there going to be There's no freestanding sign, out front? a MR. LAPPER-No. MR. TURNER-They've got the one for the Plaza. MR. CARVIN-Just for the Plaza? HOWARD CARR MR. CARR-I think I should address the Board on that issue. For the record, my name's Howard Carr. There is not going to be any other pylon sign other than one that identifies the Center, as far as we know, at this particular point in time. We fought tooth and naU to retain that, because our feel ing is, if you were to take a Center that has the opportunity, at this point, I believe, to have 18 different tenants in it, 18 or 19 different tenants, if we were to put a directory board up there, you can't read it. If we put 18 or 19 names, you'll never. MR. TURNER-They've got to be eight inch letters, anyway, Howard. MR. CARR-Well, eight inch letters, we do twenty of them, that's one hundred and sixty inches. We're going to have probably the biggest sign in all of Queensbury. MR. TURNER--No. You have to fit it within the signage that's allowed. So you can't fit it there. MR. CARR-We have a problem, and we recognize that fact. We recognize the fact that the height is an issue, but the issue that he brings forth, I really believe, has some merit. He's in a business that is not driven, similar to, like, well, I'm going to go buy a tv. It's not a destination where you sit home, and you say, okay, we're going to go out and look at televisions tonight, or we're going to look at stereos. These entities include bus in e sse simp u I sed r i v en, in t his t y p e 0 f bus i n e s s , I i k e a McDonalds, like a Taco Bell, and a lot of times, okay, and what he says is true, okay. He's fighting for that dollar, and that dollar has an impact on him, and that's why, okay, morning, which is the biggest single part of the bagel business, bagel and coffee, that type of thing, okay, he needs that impulse. He needs that individual to see that sign and say, I've got enough time to get over. Make a left turn, because we've got the traffic light. The landlord has made the investment of $185,000 in this traffic light system, all right, so that they can come in. They relocated the entrance drive, further south, south on 9, all right, and installed a traffic light, and now this gives him the opportunity to catch that morning business, and that's really what we're talking about, here, is that, you know, I've been sitting here listening to the Board's concerns, and I guess I have a question that I would throw out, and no one's asked us yet, and we haven't even discussed it, but I think if you attached the signs together and wrapped them around the building, I think the sign becomes legal, because it's within the 100 square feet. I don't think it's the best thing, but I think it works within, the way the Ordinance is written, but I think this is really coming up with something that's better. MR. TURNER-You can't claim that building as a corner building. How are you going to wrap it around the corner? That's not a corner building. The corner building's the Olive Garden Restaurant. - 20 - --' -- MR. LAPPER-What Howard means IS that if they were attached. MR. TURNER-I know. I know what he's saying. MR. LAPPER-I'd just like to explore that for a second, if could. Because the issue, in terms of, what this Board is trying to do, in terms of protect the Town, in terms of not creating something that, visually, is an eyesore, or IS too much, in terms of signage, because we're looking for two signs together, that are a lot, a number of square feet less than the one hundred that's approved, the distance of the sign, the round sign that we're asking for, is so close to the corner, and the distance of the front sign, because it's not a big facade. It's not big store, it's so close to the corner as well, I mean, just visually, like, if you're coming south and you're looking at this from the south, going north, looking at the two together, I would just argue that it's not that big a difference, in terms of the impact on anybody, if you took them, moved this to the front, if you used the 100 square feet, and they don't want to use the 100 square feet, because they want it to be small and tasteful, but with the two existing a few feet away, it's just not that big a difference. It's not that big an impact, in terms of anyone driving by. It just helps the people sitting in the intersection coming south, and knowing that there's a bagel shop there. MR. TURNER Jon, you can see that place as plain as the nose on your face, going south, right from the intersection. MR. LAPPER-When you're coming south? MR. TURNER-Yes, sir. Try it. Take a look at it when you try it. Take a look. When you're con1ing down 9, coming towards the City, at Route 9 and 254, you can see the front of that building. When you'r~ in route, you can see the front of that building. You can see Rex. You can look right down that row. MR. LAPPER --Wh en , sitting, wa i ti ng for the light to change? you re MR. TURNER-Absolutely, and you can even see it better coming from the west. MR. LAPPER-I think you can see it from the west, In the right turn lane, coming from the north. MR. TURNER-You can see it any place, because when you come down the crest of that hill, you're looking right at it. The only thing that blocks your view is the top of the Mobil Station. Once you get by the corner of it, you can see that whole thing. MR. LAPPER-You're talking about the top of the Mobil Station, you're talking about con1ing down Route, Aviation Road? MR. TURNER-From the west, yes. MR. LAPPER-- I'm talking about coming down from the north. MR. TURNER-I know you are. You can see it from that direction, very plain. You don't live here. do, and I understand your position, but the Town has bent over backwards. We just modified the Sign Ordinance, and maybe it's not an option to you, but we did it because we had a lot of requests to do what we did. You have an option to put a 100 square foot sign on the front of that building, without the logo. MR. NEIL-Mr. Turner, I handle all of the real estate development for my Company, as well as the fact that I'm the managing partner of this Company, so I do all of the site selection work. I have been spending close to five years at that intersection. I live in Saratoga Springs, so it's not that dramatic of a drive to come up here. r try to identify what I think would be the perfect spot to - 21 place a location in the community, and have, I travelled that road north, south, east, and west, from every possible vantage point, to try to understand whether or not that site would work for us. The overriding conclusion that has been made is that it is very significant to have that signage, or we would not request it. I think from the number of locations that we currently have in the greater Capital District, and those that are pending under construction or in review process, that we have been responsive, and have been good corporate citizens where we've gone, and I basically don't go to very many variance hearings. What I offered to the Board, in the package that we submitted, was a similar scenario that exists on Western Avenue in Downtown Albany, all right, Downtown Albany, Gui IdeI' land, in between the Crossgates Plaza, and the con~unity of Guilderland, and once again, what we faced was the fact that we have frontage, but we also have a significant need for visibility, because of our definitive need for commuter traffic. We are not specifically a destination shop, and the second aspect of that is that there are currently two other bagel bakeries doing business in the Queensbury/Glens Falls market, and one of them followed one that failed, and there are two closed bagel bakeries in the Glens Falls/Queensbury market. So, my overview is that I think it is an intensely competitive market for what we are about to provide in the community, and we are asking relief from this, only to be able to be a reasonable competitor in what we believe is. MR. TURNER-But you agree, you ve got to have a good product to be a viable entity. That's more important than the sign. MR. NEIL-I think that a good product is a very significant part of any company's success in the food serv ice indus try. From our perspective, I think I've always relied on the perspective that Conrad Hi I ton dedicated to the hospi tal i ty industry a number of years ago, location, location, location, and it needs to be very visible, and as long as we will approach it tastefully, we would ask that the Board give us consideration for what we have asked for at this time. MR. MARESCO-Do all of Bruegger's have the same logo? MR. NEIL-Yes, that's correct. MR. TURNER-This is a Company policy, then. MR. KARPELES-How many are there? MR. NEIL-We have 14 at this time, our 14th is under construction, and we'll open on the 8th of July in Builder's Square in Albany, and this is projected to be our 15th or 16th location, depending on what happens in the Rotterdam Mall project, whether that con1es on line before this. MR. TURNER-Where did you take this picture from? intersection of 9 and 254 at the top of the hill? Right at the MR. NEIL-No. took that picture from the front of the facade. I was actually in the parking lot, okay. took the picture to provide a vantage point. MR. TURNER-Way up, in the corner here? MR. NEIL-Approximately there, Mr. Turner, yes. MR. TURNER-So you see how visible it is? MR. NEIL-Well, it is from that position, because of the fact that I'm along the south side of the facia of the business. MR. TURNER-That's the way it line up with Route 9, just like that, if you look at it. - 22 - '-"'" ''"-- MR. NEIL-I'm not here to debate how it lines up. I can only tell you, visually, that I find the footprint of the site has to be something that lines up from a visible position, coming south on Route 9, until after you have crossed into the intersection and are already on the southern side of it. MR. TURNER -- Bu t designation, more the purpose of than anything. the logo is really company MR. N ElL - No. The pur po s e 0 f the log 0, 0 k a y, i s toe s tab 1 ish 0 u r recognition as a competitor in the community, and as for guidance. MR. TURNER-That's the lQRQ. MR. NE I L-Our logo signage, I think, i s a 1 way s t hat. The ma t t e I' t hat i s use d is a common denominator in most industries. as MR. TURNER-Anybody else? Again, I really think the Town has gone quite a ways in trying to correct some serious problems we had with the Sign Ordinance. I think you can identify yourself with the sign on the front of the building without the logo. That's my feeling. I don't see any practical difficulty for it. MR. MENTER-It's illY view that, I'm not sure that the uniqueness is in question. You have a corner which gives you a potential for much greater signage, but does that make it unique to the other ones, because you have that initial potential? My point is that, being in a front, corner store, you do have, you have the potential to use that other front wall, but I don't see that having that added potential. Comparing yourself to Rex and the other stores down the 1 ine makes you unique to a (lost word). I mean, that's a potentiality that you have. MR. NEIL-I think that's part of the value that the space offers, which is why we were considering securing a lease on the space, that it offered the ability for, what we think is great visibility in the market place. We would not consider an in line space in that Center. Mr. Carr knows my Company well enough to know that I speak the truth on that. MR. LAP PER-In terms of a land use issue, it's the angle that's created, because it's so close to the road, that we think makes a visibility problem, you have to turn your neck so severely. That's how it gets related to a land use issue, and the difficulty for us. MR. CARVIN-Do you think Rex has any greater problem because they're the next one over? MR. LAP PER-No. I think Rex has less of a problem, for that reason, because they're already, once you come next to it, they're farther in. It's easier to see them. You don't have to look backwards over your shoulder, but they also have many more square feet, and their signs are much bigger than we're (lost word). MR. CARVIN-Okay, but I don't think it was two weeks ago, or last month, I think it was, that Rex, they wanted extra signage, and we made them come into compliance, and, you know, they're right next door. It's not like they're at the other end of the mall. MR. LAP PER-True, but they don't have a corner site. MR. TURNER-That's not a corner site, Jon. I'll disagree with you 100 percent. You're not on a corner. You're in the interior of the mall. Just because the facade juts out more than the other building, that doesn't make you a corner building. MR. NEIL-I think, in evaluating it, what we'd look at is the fact that, A, it does, in fact, create a corner. How we call it a corner of the building or corner of the site it li a corner. There is a distinctive 90 degree angle with a rather large facia that 23 -- exists there, and from that perspective, I think that it does qualify as preceding, corner, but it's not our concern at that level. We also think that the nature of the business is different than an appliance store business. The frequency with which you would go out and buy, like a 23 inch color television, a washer, a dryer, is far different than the frequency with which you would spend disposal income from your household budget. MR . CAR V I N - I t a k e e xc e p t ion tot h e f act t hat you' rea cor n e r . That's a walkway. Suppose the corner was at Rex? Then what would you do? This is a walkway. I mean, that's not a corner. That's not part of the building. Lets say that this wasn't here, and that the corner was at the Rex, then what happens? MR. NEIL-I would lease that space instead. MR. CARVIN-So, mean, we could move that right down the line. MR. NEIL-I think there's a point of diminishing (lost word) with that. MR. CARVIN-Well, suppose, again, I don't know, if the mall were to cut that off, I mean, everyone of those could have corners, if they were to break this up, and I'm not proposing that, but is that not the case? MR. LAPPER-Well, there aren't corners elsewhere, but also, this was a store, this was the old A & P, so this was the corner, and that was preexisting, even with what they're saying, that that covers the (lost word). MR. CARVIN-Okay, but on the other hand, you decided to build the Olive Garden, so, I mean, that changed the corner. I mean, if you take this off, it becomes a straight line. MR. CARR-I think what you're saying is if you keep chopping the facade back. MR. CARVIN-Yes, everybody has a corner. MR. CARR-Well, but you'll never see them. MR. CARVIN-You could alter the sites. Do you know what I'm saying? I mean, it's not a corner, corner, is what I'm saying. MR. TURNER-It's not the corner of the lot that faces the roadway. MR. CARVIN-You're making an argument that it's a corner shop. It just happens that there's a 90 degree angle there, but it's not the corner, it's not a corner in the traditional sense, like it is out here. This is the actual building. This is just an overhang. MS. CIPPERLY-There isn't really anything in the Sign Ordinance that says you have to have a defined corner in order to have. MR. TURNER-No. He's making the issue that that's the corner. That's not the corner. The next building over sits on the corner. MS. CIPPERLY-Okay, because if this were an individual business, and it were on the corner of two streets, it would be allowed a sign on each side of the building, but this being in a business complex. MR. TURNER-Yes, but not in a shopping plaza. MR. MENTER-See, I don't think that's the issue. I think the issue that they're talking about is the fact that you have a diminished visibility, because at the point where you're in front there, you have to turn at a much greater angle to view the front, and that may be, and I, is that accurate? - 24 - -' '-- MR. LAPPER-That li our point. MR. TURNER-That gives you a real limited view, because you can only stack a few cars there, at 254 coming west, at the top of the grade, you can only stack a few cars there, to even begin to see that. MR. NEIL-Mr. Turner, if I could make a clarification, what exists on the photograph, on the property that I show you on Western Avenue, addresses that specific need, and the fact that that traffic, at that particular point, traveling 35 to 40 miles an hour, if you were bound towards Al bany, al I right, to rely on someone being able to make that 90 degree angle contact with the sign that is on the facia of the building is not a reasonable opportunity for us to do business, which is why we requested and were given the opportunity to place our round logo, okay, which is significantly smaller than the one we've asked for in this particular application, becausf) it does address the issue of immediate brand recognition, and I think the brand recognition is really what we needed in a competitive market place. MR. TURNER-Let me say this to you, if you're coming from the east, going west, and you come to the top of that grade, and that light is green, you don't have a chance to turn your head to the left, because if you do, that light might change in front of you, and you're going to rear end somebody. That's how dangerous that intersection is. MR. NEIL-I wouldn't doubt that, but I think the question would be, is that, how many times a day does the light change? MR. TURNER-Plenty, a good many times a day. MR. NEIL-Okay, and traffic does approach it, and does slow down. MR. TURNER-That's fine, but you have a limited view of what you say is the corner, very limited. That stacking area doesn't accommodate very many people. MR. CARR-If I may, let me just show the Board a little, very elementary geometry. I think that the biggest issue, or the concern is, that if you take and draw a straight line down Glen Street, which would be the continuation of the intersection, and you then draw a line and just basically take the facade and carry it all the way out, going in a westerly direction, where the two points meet, it creates an angle of about 135 degrees. That would mean that if I was driving my car, to be able to see that sign, I don't think I could turn my head 135 degrees. So that the other members of the Board can see what I'm referring to, if you take this line and then extend this out, okay, this creates an angle of about 135 degrees, so that if you're driving down Route 9, south bound, I don't think that you could see, if you're on the north side of the intersection. You have no way to see the face of the building, because you can't see around 135, you can't see around a 90 degree corner. MR. CARVIN-I just think that that makes for more of an argument for Strawberries having a sign out there, not Bruegger's. MR. TURNER-Yes. MR. CARR-Mr. Carvin, I agree with what you're saying, but remember what I explained to this Board two weeks ago. This is a shopping center. A shopping center becomes an amalgamation of tenants, all right. Part of that amalgamation is impulse tenants, food driven tenants, destination tenants. That is basically what it all becomes, all right. This type of business is part of that impulse food business. When you're going to Strawberries, you don't just drive down the road, at eight o'clock in the morning, on your way to work, and say, I'm going to run in and grab a CD. - 25 MR. CARVIN-Okay. I'm using Strawberries as an example, and I don't care if it was Long John Silvers. mean, if you had another food tenant down where Strawberries is, I mean, wouldn't they have a better argument to get the logo out on that spot? MR. CARR-Yes, but understand, we are concerned with what the mix of tenancy is. I won't put 26 bagel stores in there. MR. TURNER-Okay. I've got a question for you. about bringing a Red Lobster in there, right? You're talking MR. CARR-Yes. MR. TURNER-If that goes, what does that do to Mr. Neil's Bruegger's Bagels? Doesn't that really give him exposure? MR. CARR-Give who exposure? MR. TURNER-Mr. Neil. MR. CARR-Does it give him exposure? MR. TURNER-That brings more traffic into that Center than was ever there before. You know it and 1 know it, and they're going to be local people, most of them, a lot of them. There are going to be a few off the Northway, but most of the people that go there are going to be local people. He's going to be identified with them, and he's going to be in there, and he's going to make money. He's going to have a good business. If he's got a good product, he's going to have a good business. That's the bottom line. If you don't have a good product, forget it. The sign doesn't mean anything. MR. CARR-Mr. Turner, I don't disagree with what you've said. I'm in a thousand percent agreement with you, because I can tell you, if he was not a good operate, we wouldn't put him in there. You people, if anybody, in this Township, knows what this property has gone through, and members of this Board, along with the members of the Town Board and the Planning Board know what lE gone through in getting this place rented. MR. TURNER-We certainly do, and I think we've done a remarkable job trying to get you back on schedule, but don't come in here and say, because Bruegger's Bagel is coming to Town, we've got to have a logo sign on the end of the building because it's a corner, and I totally disagree with you. He has other options. He has other alternatives, and he refuses to explore them. We're here to protect the Ordinance, and that's what it's all about. MR. CARR-Well, if I could just finish the point of view that I have on this, nobody here on the Board, okay, is willing to guarantee their success, nor is the landlord's position, but I agree with you, that if they've got a good product, you're right. However, part of what a shopping center is all about is that we're going to deal, hopefully, we're going to build a customer base from the local people in Queensbury, Fort Edward, Hudson Falls, etc., but also part of that is typical of last weekend, when the Americade b r 0 ugh t , I don't k now, 20 , 000 p e 0 pie 0 r mo rei n tot his ma r k e t place, that according to the newspaper spent in excess of six million dollars. That's part of the reason that Mr. Neil wants to locate a store here, to pick up that benefit from that tourism. The guy who drives in from Connecticut on his motorcycle, or his car, or his RV, he doesn't know that Bruegger's is there, but when he comes down 254 from 19, he has no way, easily, to see that thing, because remember, now, he's a stranger in Town. The worst situation is, and the thing that Mr. Neil's most concerned with, and that he expressed to me, is what happens when I get, because the real resort area, here, is Lake George. What happens when that person rides down Route 9, all right? How do I get him now? How dol cap t u r e his i n t ere s t toe om e i n t 0 illY s tor e? An d t hat's the - 26 - "-, issue of that sign. MR. TURNER-I've got to tell you, Americade doesn't have any problem finding places to go and shop, and pick up things. They're all over the place. MR. MENTER-"You folks are getting paid to make those decisions. We're not. We're getting paid to determine if this is unique or not, and that's what we should be limiting this conversation to. MR. TURNER-That's right. MR. MENTER-I mean, of course you want to maximize your signage and your visibility and recognition. We need to kind of center the discussion here a little bit, I think. MR. TURNER -Okay. public hearing. Any more questions? Okay. Let me open the PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. CAR V IN"" I w 0 u I d I i k e top 0 i n t 0 u t t hat the Co u n t y did d i sap pro V e this. MR. TURNER-It's a majority plus one. MR. CARVIN-It's got to be a majority plus one. MR. TURNER--I 've got to tell you that this would open an awful can of worms. This would set one heck of a precedent, especially when the Town has gone to the trouble of changing the Sign Ordinance. Maybe they can't, it doesn't fit within their scope, but he has other alternatives. MR. MENTER-Well, 1 think, at this point, that there is, and I would have to go back and look at it, to be honest with you. There is a possibility that, and it hit me that, as you approach it, you know, from that whole side, that really there's a visibility problem, and I wouldn't be willing to. MR. TURNER-From 254 or 9? MR. MENTER-Nine, and hearing what I've heard tonight, I would need to go back and look at it, personally, to do anything with this. MR. TURNER-So you wouldn't vote then. You would abstain? Is that what you're saying? MR. MENTER"-No. MS. CIPPERLY-There could be the possibility you could table this, even to next week, if you want to go back to look at it. MR. MENTER-Yes, would certainly go for that, because comfortable enough with it, and at one point, I understood d y n am i c s 0 f t hat cor n e I' ma y ma k e i tun i que I y d iff i cui t relative to the rest of the strip. I'm just not sure, so I'm no t that the to see, that's. MR. CARVIN-Well, again, I made a concerted effort to try to look at these different angles, and !:!lY feeling is that that is not an essential spot for a sign, that the visibility is not a problem. We have Rex right next door, which we brought into conformance last month. We had Chase Bank right across the street, there, when they were there, they wanted the logo. We've had Levis. We've had uncounted, the argument, and not discounting the argument. As I sa i d, I ma de a pur po set rip 0 u t the rea n d t I' i e d to I 00 kat ita t 27 all the different angles, coming down Route 9, and I will agree that if you are heading south down Route 9, that all those stores have a problem. So, how could we allow just one t~ut a sign out there, and not all the rest? MR. MENTER-I'm not concerned with how visible any of them are, or they are as a whole. I'm concerned about that one being uniquely difficult to see. MR. CARVIN-But I'm saying, it's not any more unique than Rex or whoever's next to Rex, whose ever next, because they all have that same problem, and they do have an alternative of making the sign on the front larger. MR. TURNER-Bigger. That's all. Yes. MR. KARPELES-MY feeling is, that's meant to appeal to people coming down, coming south on Route 9, and coming south on Route 9, you cannot get close enough to that sign to read it. MR. CARVIN-That's correct. MR. KARPELES-The size that it is. That's going to do absolutely no good. MR. TURNER-Well, if you look at the size of the facade on the front of that thing, and it is kind of white in color, and you put that background of that sign on there, you couldn't miss that with a gun. MR. CARVIN-Along the front. MR. TURNER-Right there. there, I think it opens difficulty for that out with a sign, maybe. That's what I'm saying. To put that one up a can of worms. There's no practical there. They can incorporate it over here MR. CARVIN-Well, if you want to open up a can of worms, how about coming east and all along that back side. I mean, they wanted to put signs there. I mean, nobody can tell, from the back, what's in there. I guess my feeling, in answer to Dave, is that I don't think we need to table this. I know I'm comfortable to move on it. MR. TURNER-Yes, I am, too. When you come down 9, you' rei n the two lanes, and you have the right turning lane, the guy going right isn't going to Bruegger's Bagels anyway, but the two guys heading south, in the two outside lanes, if you come down that hill, you can see that whole shopping center, everything. There's no visibility problem there whatsoever, and coming down Aviation Road it's even more identifiable. I understand what they're trying to do, but, again, there's no precedent for entertaining a motion to approve this thing because there's no practical difficulty. To do that would be to open a can of worms. You're going to have everybody in here. MR. LAPPER-Mr. Chairman, we're certainly sensitive to the issue of precedent. I mean, I've been before this Board enough times. We wouldn't be asking you to open this up so that it would be applicable to other uses, other sites in the Town, and we would only specifically be talking about the fact that the angle of the facade, that particular location, the angle as compared to the traffic corridor, we don't think it's applicable to other uses in the site. MR. TURNER-Again, the logo isn't going to make them or break them. The sign on the front of that facade is going to identify Bruegger's Bagel. MR. NEIL-Mr. Turner, with all due respect, I think that the logo is definitely an irrunediate recognition factor to people who already - 28 - -' -- know of our product and our presence. I think the fact that we may have a location in Queensbury, the convenience of which might go beyond most people's awareness level as they comnlute up here to go to a lot of activities in Lake George, and various levels of going into the Million Dollar Half Mile shopping, on to Rutland, Killington skiing, and our approach has been, and it's very similar to (lost word) because I think that if I was McDonalds with a Golden Arch, I don't think you'd have a problem understanding what it was, because of the length of time McDonalds has been a player in the food service industry. We are a new player, comparatively speaking, but I can assure you that that logo, that round logo, is a very big part of our recognition. It's placed on all of our flyer material, on our bags, on our, anything that we do, it is a viable part of it, and it's because it has that kind of stamp that says, this is Bruegger's. So I do share that with you. The second thing I would share with you is that, historically, and I doubt that this would be any different than any other location we do, we will do approximately 65 percent of our volume, okay, before noon, 80 percent before two 0' clock in the afternoon. We have a tremendous reliance on the morning commute. In order to serve notice to the morning commute, because we are not visible to the morning commute on three out of the four intersections, or three out of the four roads hitting that intersection, we need to be visible to the evening cormnute, in order to make them aware. In the morning, because of the turning radiuses that are involved, and we've done focus groups, and we've done studies, and we know that our customer will typically take a detour of upwards of five minutes from the normal morning commute, because everybody has a very short time margin. Therefore, what we're looking for is not the evolution of finding out that we've ultimately been making in the ma r k e t, but t hat we are, i n f act, g i v en the 0 p pOl' tun i t Y to compete in the market, from the standpoint of getting the visibility that we need, because of the distinct positioning of that particular Center. MR. TURNER-That's fine, but in order to get into the Center, coming from the west, you've got to make a right hand turn, go down Route 9 and go to the light, make a left hand turn, and the same thing coming from the north going south on 9. You've got to go through the intersection and go to the next light and make a left to get in there. So you're going to have visibility from the light to the intersection, Bruegger's Bagels, right there. MR. NEIL-I think the question would be, Mr. Turner, that, how would they see that sign, in the first place, and how long would it take, and what kind of a cost would it take, okay, to try to bring that into what I think is the proper mind awareness in this conmlUnity, which as I've shared with you. MR. TURNER-You can see it from both directions, Mr. Neil. You can see it as plain as the nose on your face. I'm telling you. I've 1 i v e d the I' e a 11 my 1 i f e . I don' t m i s sit a bit , and IIi v e he l' e all the time, and I've seen that mall change, and it's a lot better looking than it used to be right now. MR. NEIL-I don't doubt that. agree with you wholeheartedly. MR. TURNER-You guys will do well in there, and you don't need that logo sign on the end of that building. MR. CARVIN-Yes. Let me tell you, your fame and name precedes you. MR. NEIL-I can appreciate what everybody's sharing with me, and I'm flattered that you have that confidence in our product, and I would hope that we could discuss some short term notes that maybe you could downsize my risk going into it so we could all share in the upsize that everybody believes that that's (lost word). I think Mr. Carr will also tell you, I love having other people share in my upsizing. 29 MR. TURNER-I think with what they're doing with the mall now, and if they, like I said before, if they get Red Lobster in there and they get some other tenants in there, that's going to open that mall wide open. You are not going to have an identity problem whatsoever, in fact, you'll have a better identity. MR. NEIL-My closing comment, in addressing that issue, is that we have never followed another food service business or any other retail business to be part of, if you will, their wave of success. MR. TURNER-You're not following their wave of success. already in there. You're MR. NEIL-No, I think, Mr. Turner, your position is that they will bring customers to us, because of their trade area. MR. TURNER-They will bring people there that will see your business. That's what it's all about. MR. NEIL-Okay. MR. TURNER-Okay. The public hearing's closed. What's the Board's pleasure? Lets do it and get it done with. MR. LAPPER-Mr. Chairman, would it be possible to just table it for the one week and let us come back with a better visual presentation, with some photographs from various places in the intersection, and have the seventh member of the Board here as well, for a vote? MR. TURNER-If it's all right with the Board, but I've already made illY. mind up, I'll tell you that right now. MR. LAPPER-I guess we think that our position, in terms of the con fig u rat ion 0 f the sit e , i s 1 e g i t i ma t e, and we, per hap s, co u 1 d come back with a better presentation to prove that, and we understand that we'd have to sway five members, and we understand where you're coming from. MR. TURNER-What do you want to do, gentlemen? Tony, do you want to let them come back next week, or what? MR. MARESCO-I don't think it's going to make any difference. What else can they possibly say? MR. TURNER-I know Dave's got some concerns. MR. MENTER-Yes. I would just as soon do that. MR. TURNER-Bob? MR. KARPELES-No, I'd just as soon get it over with. , MR. TURNER-Yes. Fred? MR. CARVIN-I don't think, I'm familiar with that intersection. I don't think there's anything new that could be presented that would necessarily sway me. MR. TURNER-No. long enough. Okay, motion's in order. We've talked about it MOTION TO DENY SIGN VARIANCE NO. 30-1994 ILIAD LTD. D/B/A BRUEGGER'S BAGEL BAKERY, Introduced by Fred Carvin who moved for its adoption, seconded by Linda Hauser: The applicant is seeking relief from Section 140-6 of the Sign Ordinance, which allows one wall sign of up to 100 square feet, with the applicant proposing an additional logo sign. It is felt that the applicant has not demonstrated that there is a major - 30 - -- ~ visibility problem from the Route 9 and 254 intersections that would be eliminated by the placement of a second logo sign. It is also felt that there are other alternatives to accomplish the same results without a variance, and that by granting this variance, that it would not be minimum relief to accomplish the objective. Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Karpeles, Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Turner NOES: NONE ABSTAINED: Mr. Menter ABSENT: Mr. Thomas MR. LAPPER-Thanks for your consideration. MR. TURNER-Thank you. MR. NEIL-Thank you for your time and patience. MR. TURNER-Thank you. AREA VARIANCE NO. 31--1994 TYPE II HC-IA JAMES E. VALENTI OWNER: JAMES & MICHAEL VALENTI WEST SIDE OF ROUTE 9 APPLICANT PROPOSES TO CONSTRUCT A 3,120 SQUARE FOOT ADDITION AT THE REAR OF A PRE-- EXISTING NONCONFORMING COMMERCIAL BUILDING. APPLICANT PROPOSES TO EXTEND THE LINE OF THE EXISTING BUILDING, SEEKS RELIEF FROM SECTION 179-23C, WHICH REQUIRES A SIDE YARD SETBACK OF TWENTY (20) FEET/ (WARREN COUNTY PLANNING) 6/8/94 TAX MAP NO. 73-1-6 LOT SIZE: 2.38 ACRES SECTION 179-23 C BEN PRATT, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 31--1994, James E. Valenti, Meeting Date: June 15, 1994 "APPLICANT: James E. Valenti PROJECT LOCATION: west side of Route 9 PROPOSED ACTION: Applicant proposes to construct a 3,120 square foot addition at the rear of a pre-existing nonconforming commercial building. REASON FOR VARIANCE REQUEST, AND BENEFIT TO APPLICANT: The appl icant needs the additional space, and would like to utilize the existing building configuration. FEASIBLE ALTERNATIVES: The building could probably be redesigned to conform, but would end up taking up more of the space needed for parking and retail areas. IS THIS RELIEF SUBSTANTIAL?: It does not appear this is a substantial amount of reI i e f . EFFECT ON THE NE I GHBORHOOD OR COMMUN I TY: I t does no t appear there would be any adverse effects on the neighborhood. No public comment has been received. IS THIS DIFFICULTY SELF- CREATED?: This is a pre-·existing, nonconforming structure, so the difficulty is not self-created. PARCEL HISTORY: The current owner/applicant purchased the property on August 23, 1993. The building was constructed in 1975. STAFF COMMENTS AND CONCERNS: This project will also be subject to site plan review. SEQR: This is a Type I I action, so no further action is required of the Board." MISS HAUSER···On June 8th, 1994, the Warren County Planning Board recOlmnended that this Area Variance be approved. MR. TURNER-Okay. MR. PRATT-Good evening, folks. My name is Ben Pratt. I'm wi th Miller, Mannix, & Pratt in Glens Falls, and we represent the applicant. I think the application generally speaks for itself and sets forth what we wish to do here. The Valenti brothers have operated the Agway for some period of time and purchased it last 31 '- ~' August. They wish to expand their warehouse and retail space to a certain extent, and propose to add 3,000 square feet approximately at the rear of the existing structure. The space will be used primarily, as I said, for additional retail and additional warehouse space. MR. TURNER-What's the percentage? MR. PRATT-The entire area, when completed, will feet. The existing is 5,000. So, basically, percent of the existing. be 8,000 squar e we're adding 60 MR. TURNER-I know, but what's the percentage, retail versus storage, of the new addition? JAMES VALENTI MR. VALENTI-Jim Valenti. It would be 1400 square feet storage. MR. PRATT-Fourteen hundred square feet storage, and the rest retail. MR. TURNER-Are you going to maneuver the tractor trailers in back to get in there? Is that the plan? MR. PRATT-The plan remains to continue to off load most of the stuff in front and fork lift it into the back. MR. TURNER-Okay. MR. MENTER-The access in the back is all down the left side as you face the building, right? MR. PRATT-That's not going to be true. As a matter of fact, one of the reasons in doing this, or as part of the process of doing this, is to create additional parking out in back, for both the retail and the garden facilities, and, therefore, we are going to create a traffic lane along the north side of the building, on the right hand side of the building, to go feed that traffic in the back. So that there will be a space, as you can see from the drawing, on the north side of the building for traffic to move to the back and park. MR. CARVIN-Will the storage buildings be moved? MR. PRATT-Yes. MR. CARVIN-Both of them? MR. PRATT-The first storage building is coming right down, and will be unnecessary, when the warehouse exists. MR. TURNER-The one identified as Number Two is coming down, right, the front storage building? MR. PRATT-Yes. The front storage building is coming down. The second storage building, which is identified as Number Three, is going to be moved to the rear of the property. MR. TURNER-Okay. MR. PRATT-And that macadam is going to be expanded slightly along the north end, the north side of the building. MR. TURNER-Have you had any conversation with Mr. Komarnycky, your neighbor to the south? MR. PRATT-None. MR. TURNER-He hasn't responded? Did you approach him or anything? - 32- ---/ .---- MR. VALENTI-No, I don't see the gentleman too often. MR. TURNER-Okay. MR. KARPELES-I've got a question. You say there are no feasible alternatives to this variance. As stated above, indenting the addition to achieve compliance with the setback requirements would complicate the construction process and would therefore result in significant additional expense for the applicant. It would seem to me that that's pretty straightforward, that you could just put a six foot jog in there, and move the whole building over, and it wouldn't complicate the construction at all. MR. PRATT-Well, what it does, it does two things. The first thing it does is take useable space to the north or to the west if we expanded the bu il ding, away from what we have now. The second thing it does is. MR. KARPELES-Yes, but you could do that. Everybody could say, lets do that. Lets eliminate the setback and I'll get more space. MR. PRATT-The second thing is that, to make the building aesthetically acceptable, as well as easier to construct, it is important, we have been advised, to maintain that roof line, if we can, and the b u i 1 din g, asp r 0 p 0 sed, w 0 u 1 d ma i n t a i nth e ex i s tin g roof line of the existing building, so that there would not be either a decrease or an offset or a setback with respect to the roof line, and that's the construction issue. MR. KARPELES-Have you got any figures on cost, how much it would increase the cost, if you did? MR. PRATT-We do not. MR. KARPELES-So you haven't really investigated that. MR. PRATT-We've talked about it, and that's it. We've not actually asked for an itemized difference, or an estimate of doing it either way. MR. TURNER-Mr. Valenti, I didn't look at the roof, but what is it? Is it a pitched roof, a flat roof, or what? MR. VALENTI-It's a pitched roof. It's about a four, twelve pitch. MR. TURNER-Four, twelve. Okay, and the ridge goes east and west, right? MR. VALENTI-Yes. MR. MENTER-Are you going to have a retail entrance in the back? MR. VALENTI-The storage building is going to be in the back. MR. MENTER-Well, additional parking spaces would suggest that that was for customers. MR. VALENTI-There is going to be parking in the back for customers. There is not planned to be, at this point, a retail entrance in the back. A good majority of the customers, when there are, during the periods of time when there is going to be a need for parking in the back, or people who are going to want to visit the greenhouses and the external material for the most part. MR. MENTER-Because I see the parking as a big issue, because you have a parking problem there. MR. VALENTI-For a month, the month of May, that's a difficult place to park. The rest of the year, it really is not. 33 -- ,~ --,' MR. TURNER-Are we going to have a separation wall in the proposed addition between the existing building back wall, and the retail space that you're going to add on? You know the wall in the back of the building you've got now, right? MR. VALENTI-Yes. MR. TURNER-And then you re going to move back 1400 square feet, right, for your retail. You're going to put another wall between there and the storage? MR. VALENTI-Exactly. MR. TURNER-So there'll be nobody, you know, wandering out into the storage area. MR. VALENTI-No. MR. TURNER-The retail area will be reserved, right? So that leaves you about 1720 square feet of storage. MR. MARESCO-So you won't have any trailers going back there at all now, to unload? MR. VALENTI-We never had any trailers go back. All of our trailers will be pulled up along the south side of the building, along that entranceway, where we take the load off. MR. MARESCO-And then you just fork lift everything? MR. VALENTI-Exactly. MR. TURNER-So anything that will go in the storage area will go down the south side of the building into the storage area, right? MR. VALENTI-Down the south side. MR. TURNER-Yes, and will be migrating around in front where the retail business is, for safety reasons. You won't take the fork lift truck and go around the building to the north side, will you? MR. VALENTI-No. We go right down the south side. MR. TURNER-Anyone else? Okay. then. I'll now open the public hearing, PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. TURNER-Any discussion? violating the setback. know, Bob, you're concerned wi th MR. KARPELES-I don't really think it's the minimum variance. They haven't proved to me "that they can't, it's going to cost them any additional money in order to move that over six feet. MR. TURNER-Anyone else? MR. MENTER-I think there's a benefit to keeping it in line with the existing building and utilizing that north side to funnel some traffic back there, because it is dangerous. Maybe May is when I go there, but, boy, that parking lot's a zoo, you know. MR. TURNER-Yes, it is. You better keep your eyes open or you'll get run over in a hurry. I don't have a problem with it. The only problem 1 would have had with it, Bob, is if Mr. Komarnycky had a problem with it violating his side setback, and I think in order to - 34 - J '-- keep the integrity of the roof line, I think it's better to keep it in line with the rest of the building. It means moving it over, putting another wall up there, and then moving your center ridge over six feet. MR. KARPELES-I'm just one person. MR. TURNER-Okay. Motion's in order. MOTION TO APPROVE AREA VARIANCE NO. 31-1994 JAMES E. VALENTI, Introduced by Theodore Turner who moved for its adoption, seconded by Linda Hauser: James E. and Michael Valenti, doing business as Agway of Glens Falls. This would grant the applicant relief on the south property line for the new proposed addition of 5.2 feet from the 20 foot side setback. The setback now being 14 foot 8 inches. Yes, the building could probably be moved six feet to the north, but it's fairly impractical. There's no public opposition. Mr. Komarnycky, who owns the property to the south, evidently has no concern. By granting the relief, it would maintain the roof line for the principal building and the proposed addition. There is no adverse effect on the neighborhood, no public comment. This is a preexisting nonconforming structure. This is the minimum relief to alleviate the specified practical difficulty. Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Maresco, Mr. Menter, Mr. Carvin, Miss Hauser, Mr. Turner NOES: Mr. Karpeles ABSENT: Mr. Thomas OLD BUSINESS: USE VARIANCE NO. 106-1993 TYPE: UNLISTED WR-IA JOHN C. &. CHRISTINE BERGERON OWNER: SAME AS ABOVE NACY ROAD, GLEN LAKE APPLICANT PROPOSES TO REACTIVATE A PRE-EXISTING INACTIVE RESTAURANT BUILDING AS A RESTAURANT. PROPERTY IS CURRENTLY ZONED WATERFRONT RESIDENTIAL, WHERE RESTAURANT IS NOT AN ALLOWED USE. APPLICANT IS SEEKING RELIEF FROM SECTION 179-16D, USES PERMITTED IN WATERFRONT RESIDENTIAL ZONES. (BEAUTIFICATION COMMITTEE) 4/11/94 (WARREN COUNTY PLANNING) 12/8/93 TAX MAP NO. 44-1-12, 5.1 LOT SIZE: 200 FT. BY 85 FT. SECTION 179-16D MR. TURNER-We have a letter. MISS HAUSER-Okay. This is from the office of Kenneally & Tarantino, "ATTENTION: Jim Martin & Sue Cipperly Re: Application of John C. & Christine Bergeron Dear Jim & Sue: As indicated last week, the Applicant was considering not proceeding at the June 15, 1994 Zoning Board of Appeals Hearing. That fact was confirmed on this date with the General Counsel of the Applicant (J. Robert LaPann, Esq.). We do respectfully request that the matter be tabled again and set over to a date in July 1994. This request is based in part upon the Trial Schedule of the undersigned who will be appearing in a Supreme Court Trial in Ulster County, NY on Wednesday, June 15,1994 and Thursday, June 16, 1994. Thank you for your continuing cooperation in this matter. Very truly yours, KENNEALLY & TARANTINO Dennis J. Tarantino Signed in Absence" MR. TURNER-Before we respond to that, did you advertise that application again? MS. CIPPERLY-We did re-advertise. notices. We didn't send out 500 foot MR. TURNER-You didn't? 35 - MS. CIPPERLY-We did not. Mr. Bergeron also brought us another, additional check for advertising, because it's been advertised a few times, now. MR. TURNER-All right. would suggest that if this comes to fruition, the next time around, that you send out the 500 foot notices, because it's been a while since the people were here, and they might want to get noticed. MR. CARVIN-I think if it doesn't come up in July, then this thing goes down. It's getting real old. MS. CIPPERLY-Yes. Sort of, our position on it is that, or mine at least, as the person that kind of has to keep track of this, is that it's getting, it's been difficult to keep everybody notified or have some kind of judgement about, it crossed my mind that maybe i two u 1 d be bet t e r to h a vet h em wit h d raw it, and w hen the y , r e completely ready, to come, because otherwise, we keep telling people it's going to be on, and then we have to call them back when we get a fax the day before the meeting. MR. TURNER-I think we discussed that the last time, didn't we? MR. CARVIN-Yes. I think, at this point, Ted, isn't there a Town action, don't we have an enforcement action going? MS. CIPPERLY-Yes. MR. TURNER-Yes. MR. CARVIN-What's the status of that? Do you know, right off hand? MS. CIPPERLY-I believe the Attorney is writing up an enforcement action. Jim Martin had sent them a letter saying that he's going to be expecting them to follow through on the '76 Site Plan, and the Attorney is writing up something formal. MR. MENTER-So nothing formal's been really sent to them. MS. CIPPERLY-No. MR. MENTER-He hasn't responded in any way. MR. TURNER-They haven't been notified of any court action, yet, right? MS. CIPPERLY-Betty, do you know any more about that? BETTY MONAHAN MRS. MONAHAN-Jim told me today that he has prepared the summons, from his angle, and taken it up to Paul Dusek's office, and he asked me to check for Paul, when Paul could get that on his schedule, and Paul said that the work load he has, he probably will not be able to get that done until the middle of July. MR. TURNER-All right. Well, you know, if they came with it, and the Board felt happy that they couldn't realize a reasonable return on the property and we approved it, we could hang it on that. MR. CARVIN-Well, I guess illY problem with the extension is that I don't know what's going on? What is the reason for another extension, just because the guy's in court? MR. TURNER-Yes, because he's in court. MR. CARVIN-I mean, is there any progress? MS. CIPPERLY-There was, Mr. Tarantino did call earlier this week, and asked whether, apparently there is no definite buyer that has - 36 - '-' -/' signed a contract, and he was wondering if it would be better to put this off until a definite buyer could come and also present, and he was advised that it really doesn't matter who the buyer is. It's a variance that goes with the land, and even if you had a buyer who said they were going to do a nice restaurant, that doesn't guarantee anything, that they should con1e and address the Use Variance. MR. MENTER-Well, actually, that's, technically, accurate, but it's not accurate, I don't think, in terms of the way the original meeting was left. It seems to me that there was some discussion about who was going to be in there. MS. CIPPERLY-There was discussion of that, but he was also supposed to try to market it as residential. MR. TURNER-He was supposed to market it as residential and corrunercial, and he was also supposed to bring the gentleman that he was. MR. MENTER-Okay. These were all issues. MR. TURNER-To buy the building, and because the Board wanted to talk to him because once Mr. Bergeron divested himself of the piece of property, then we were stuck with the gentleman that was going to buy it. MS. CIPPERLY-So, apparently, the person that they thought they had in hand at that time has not really been firmly corrunitted. MR. MENTER-Well, actually, that was all secondary to the marketing of the property and providing some concrete evidence that there was a financial problem. MR. TURNER-Yes. MS. CIPPERLY-And in driving by there this week, I noticed that the signs, they have switched realtors, that the signs that are up there say corrunercial. On the parcel there are signs that say, it's being marketed by Levack/Burke, and they say commercial. MR. TURNER-Okay. So what's your pleasure? Do you want to grant them the, table it until July, and then deal with it after that? MR. CARVIN-You have no idea what the July schedule looks like, at this point. MS. CIPPERLY-We don't have, I think we one In so far, but it's only the middle of the month. MR . CAR V 1 N - P 1 usa 11 the tab 1 e san d eve r y t h i n g, rig h t ? have a bunch of them? Don't we MS. CIPPERLY-You tabled one tonight. It's not, you know, an overwhelming work load, right at the moment. MR. CARVIN-Okay. MR. TURNER-I'd say, give it to them one more time, in fairness to the lawyer being in court, because he can't be here, and if that doesn't come about, then. MR. CARVIN-Well, suppose they change lawyers again, 1 guess, is my only problem. MR. TURNER-No. I don't think they're going to change this time. He changed the last time because I don't think Bob LaPann wanted to address the issue. MR. CARVIN-Well, think it's very, very important that we notify - 37 -- '- the neighbors, because of the neighborhood opposition. MR. TURNER-Yes. MR. CARVIN-So I guess, if we're going to do it in July, we're going to do it in July. MS. CIPPERLY--We have been, I think we notified them all, once, and then again, and we have been in contact with, I believe, somebody from the Glen Lake Association that agreed to be kind of a contact person at the time. So every time it gets put on, we notify them, and every time it gets taken off, we notify them. MISS HAUSER-I don't think we're going to be able to make a decision unless they have a specific buyer, because all of the neighbors that were here were concerned about who, exactly, was going to go into that building and what they were going to do with the property. So even if we speak with them in July, and they have no buyer, we're going to be in the same place where we are right now, or where we were the last time we talked about it. MR. MENTER-Well, actually, it hinges just as much or more on what becomes of the real estate market. MR. TURNER-Yes. Okay. Okay. Do you want to extend it for one month? MOTION TO GRANT FINAL EXTENSION OF USE VARIANCE NO. 106-1993 JOHN C. & CHRISTINE BERGERON, Introduced by Theodore Turner who moved for its adoption, seconded by Fred Carvin: That the people within 500 feet be notified when the application comes up in July. Re-advertise the application, at the applicant's expense. Duly adopted this 15th day of June, 1994, by the following vote: MR. CARVIN-Is it the applicant's responsibility to pay for that, or is this something that the Town has to pick up? MR. TURNER-It's just a matter of sending an envelope out with a letter and the name of the project on it, Variance Number and so forth. MS. CIPPERLY-We'll have to figure out, he just did give us an additional fee. We'll have to see what, that's supposed to cover the advertising and we'll just have to see where that stands, as far as, within the Department. If it's going to cost a lot more, we'll have to ask him for more. MR. TURNER-All right. MR. CARVIN-So we're going to re-advertise the whole thing. MR. TURNER-No. I don't know. Do you want to re-advertise it, or do you want to just send the notice out? MS. CIPPERLY-I think it should be re-advertised. MR. CARVIN-I agree. MR. TURNER-All right. Okay. AYES: Mr. Maresco, Mr. Menter, Mr. Karpeles, Mr. Carvin, Mr. Turner NOES: Miss Hauser ABSENT: Mr. Thomas - 38 - -./ --- REQUEST FOR EXTENS ION OF APPROVAL: AREA VARIANCE NO. 29-1993 JANET HUSTON BELL, WEST SIDE OF RIDGE ROAD, NEXT TO MEAD'S NURSERY, TAX MAP NO. 59-5-12 IN A HC-1A ZONE. EXPAND EXISTING PROFESSIONAL BUILDING WHICH WILL INCLUDE AN APARTMENT ON THE SECOND FLOOR OF THE EXPANSION. SEEKS 35 FEET RELIEF FROM SECTION 179-28 WHICH REQUIRES A SEVENTY-FIVE (75) FOOT SETBACK FROM THE ROAD IN THE TRAVEL CORRIDOR OVERLAY ZONE. APPROVED JUNE 16, 1993. MR. TURNER-We have a letter from Daniel W. Bell, in relation to a variance we granted. MISS HAUSER-Okay. It says, "Dear Mr. Turner: would like to request a renewal for Area Variance No. 29-1993. I had planned on adding to my office space as I had hired another doctor and felt the need for more treatment rooms. Since that time plans have changed. My new associate will be leaving my employment and therefore we will not need the extra rooms right now. However, I would like a renewal on the Area Variance so that if I hire another associate in the future I may go ahead with my plans to build. Sincerely, Daniel W. Bell, D.C." And it was dated June 7th, 1994. MR. TURNER-Any comment on that? MR. CARVIN-It seems to me, as I remember it, wasn't there something about an apartment, or two apartments in there? MR. TURNER-Yes, an apartment, in the back. Yes. MR. CARVIN-I honestly don't remember how that was resolved. MR. KARPELES-I abstained on that. came on the Board. It must have been when I first MR. CARVIN-Yes, it may have been. Unfortunately, myself, Mr. Thomas and Mr. Turner were the only ones that were there. MISS HAUSER--Bob and I were new then. We abstained. MS. CIPPERLY-I did look up the original Variance, and the actual Variance was in Mrs Bell's name. MR. TURNER-Right. MS. C I PPERL Y -And approved by the allowed. everything Board. So they asked for, as I recall, if there were apartments, it was was MR. TURNER--This went to the Planning approved the extension, until June 30th, Board 1995. last week. They MR. CARVIN-Yes, I saw it in the minutes there. MR. KARPELES-Aren't you kind of writing the guy a blank check to have this go on forever? MR. TURNER-No, one year. MR. KARPELES-Yes, but he already had a year, right? MR. TURNER-Yes, well, he had a year, Bob, but the guy that he was going to build it for left the practice, and so he didn't see the need to build the addition. So now he wants the extension granted for one year, and grant it until June of next year, June 30th, and if he gets another associate, then he can go ahead with it. Otherwise, he's got to come back. MR. CARVIN-Well, it might be just as wise to have him come back to re-visit it because we've got a new Board. MR. KARPELES-Yes. It's a whole new Board. -- 39- - MR. TURNER-Okay. That's up to you guys. I don't have any argument with that. All right, do you want to make a motion? MOTION TO DENY EXTENSION OF AREA VARIANCE NO. 29-1993 JANET HUSTON BELL, Introduced by Fred Carvin who moved for its adoption, seconded by David Menter: Due to the fact that there has been a substantial change in the nature and plans of the applicant, with no specific indication of when these plans may be re-instituted. This does not preclude the applicant resubmitting the application when his motives and intent becomes clearer. Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Menter, Mr. Karpeles, Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Turner NOES: NONE ABSENT: Mr. Thomas MR. TURNER-We have one more letter. MISS HAUSER-Okay. There's a letter dated June 8th, 1994, from Elan Cherney, Esq., to the Zoning Board of Appeals, Regarding Use Variance 23-1994 "Dear Sir or Madame: As attorney for Charles and Barbara Seeley, we are hereby requesting that their application be withdrawn without prejudice. Unless we hear to the contrary in the next several days, we will assume that the application has been so withdrawn. Thank you for your time and cooperation. Sincerely, Elan Y. Cherney, Esq." MR. TURNER-Do you know what they're going to do? MR. CARVIN-I think there's an awful lot of questions that have been raised, Mr. Turner, for us to just walk away from this. So I'd like some real clarification as to what this Board intends to do with some of these issues. MR. MENTER-What type of issues? MR. TURNER-What would happen now if they withdraw it would be they would get a summons from the Town they're in violation of the Ordinance. The Town would take them to court. It would probably go to Justice Court, and the issue might be decided there, and it might not be. They're in total violation of the Ordinance, because I have it from a good source that their so called line that went through their property never did go through their property, from a surveyor. MR. CARVIN-Well, I'd like to point out that we've had at least one legal action that the Town instituted, and then failed to follow through on. MR. TURNER-They failed to follow through on it because of that line, that deviation in that line. MS. CIPPERLY-The other information, aside from that line issue, which I don't think Ted and I will ever agree on, that line issue still, we'll take Leon's word for that, but the garage that they've been operating out of, they had a building permit for in 1979. I sent you that information, Certificate of Occupancy wasn't issued un t ill 9 8 4, I be 1 i eve i t was , and i t was, 1 i k e, c omm ere i a 11 y . So , apparently the advice of their attorney, who was Mr. Judge, was to withdraw the application and make the Town proceed with an enforcement action. In essence, make the Town prove that they're there illegally, or whatever. MR. TURNER-Well, it's my understanding they just had their property - 40 - ~ ............ surveyed by a surveyor, and the line they indicated to us, that cut through their property, evidently did not cut through their property. MS. CIPPERLY-Well, they can present that in court. MR. TURNER-Yes. That's what I'm saying. The Town can. MR. KARPELES-Well, who will pursue this now? Will it actually be pursued? MR. TURNER-Sure. Jim will have to go after them. violation of the Ordinance. They're in MS. CIPPERLY-The other aspect of this is that they are also looking at another piece of property elsewhere in Town. MR. TURNER-That's fine, but they've been saying that for two or three years, and they still stay there. MS. CIPPERLY-So, I think one of the things they're trying to prove is that if they did ever try to sell their property, is it purely residential, or could it also have a Light Industrial aspect to it. Eve n i f ~ we r en' t the r e , co u 1 d the y ma r k e tit as L i g h t Industrial at all. So they're trying to get that straightened out, but as it stands now, the Town, to our knowledge, there's no legal use happening there. MR. TURNER-Right. Aren't they in violation, as far as the so called garage that they got an occupancy permit for, for antique cars? Aren't they in violation by going ahead and moving the machine shop over there and operating a machine shop out of the garage they got an occupancy for, for antique cars? MS. CIPPERLY-We' 11 see what the attorney does with all this, and as you said, it has been to court once before, and it was backed off from because of that line business. MR. CARVIN-Yes, and that was back, what, 1987, and here it is 1994, and we still have the same situation. I mean, what is a reasonable length of time on this? MR. MENTER--See, the problem is, though, really none of this is within our scope. Am I right? I mean, once he's withdrawn, it's certainly not within this Board's scope to (lost word). MR. CARVIN-Yes, but I think it's within the scope of this Board to institute the action, isn't it? MR. TURNER-No, the Town has to serve them with a summons in violation, and then they take it to court from there. MR. CARVIN-Okay, but is there any indication that the Town will do that? MS. CIPPERLY-Yes. MR. TURNER-Yes, they are. MS. CIPPERLY-But we just, this letter, whatever the date is on it, was just received this month. That's what their new tact was going to be. MR. TURNER-He's been there for so long because the Town failed to take the action they should have taken 20 years ago. Because he bought it as a residence, period, and he just moved his operation right in there, and he just thumbed his nose at everybody. Have we got anything else? Minutes. Do you want to do the minutes? MR. CARVIN-Yes. - '1/-' CORRECTION OF MINUTES March 16, 1994: NONE MOTION TO APPROVE THE MINUTES OF MARCH 16TH. 1994, Introduced by Theodore Turner who moved for its adoption, seconded by Linda Hauser: Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Menter, Mr. Karpeles, Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Turner NOES: NONE ABSENT: Mr. Thomas March 17th, 1994: NONE MOTION TO APPROVE THE MINUTES OF MARCH 17TH. 1994, Introduced by Theodore Turner who moved for its adoption, seconded by Linda Hauser: Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Karpeles, Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Menter, Mr. Turner NOES: NONE ABSENT: Mr. Thomas March 23rd, 1994: Page 8, second Mr. Thomas, what about the stormwater coming off that. How do you plan to, sib get rid of it; Page 8, Mr. Maresco, what kind of traffic is going to be generated, do they figure will sib deleted; Page 11, first sentence, Taco Bell right across the street, I assume that we are sib not, going to have two Taco Bells right across from each other; Page 11, Mr. Carvin, now is being sought here, or can we narrow this right down to Taco Bell, omit the words would this; Page 21, Mr. Turner, now, it' sarna j 0 r i t y , I k now it, sib is, not i s n ' t ; D i s c u s s ion commencing with Mr. Carvin, on bottom, I mean, now that Paul is here, there was a question, at least in my mind, are we moving on, or is this an open discussion at this point, and Mr. Turner indicated open discussion, but sib, all discussion with regards to the Seeleys, off the record; MR. CARVIN-Because we went into Executive Session shortly thereafter, and it is my understanding that to have an extensive discussion like this, without the applicant's, I think that should all be off the record. I'm asking for an opinion on that. I would eliminate the bottom of 21, 22, 23,24, 25, and go into the motion to go into Executive Discussion discussing matters. I think that all is irrelevant, and I think it should be off the record. MR. TURNER-Yes, I agree. You're right. MR. CARVIN-So I would move the minutes with those corrections. MOTION TO APPROVE THE MINUTES OF MARCH 23RD. 1994 AS CORRECTED, Introduced by Fred Carvin who moved for its adoption, seconded by Theodore Turner: Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Menter, Mr. Turner NOES: NONE ABSTAINED: Mr. Karpeles - 42 - ,--",," "'- ABSENT: Mr. Thomas April 20th, 1994: Page 17, middle of the page, Mr. Turner, just below Mr. O'Donnell, where Mr. O'Donnell said it varies, next Mr. Turner, sib it's deep enough to get any motor craft in there., delete, they've got cabin cruisers right there; Page 17, second Mr. Turner down from there sib, I know, but it's less obtrusive; Page 39, where Mr. Bovair states, when you purchase a certificate through Woodmen, you actually own part of Woodmen. Part of the lodge building will be yours; MOTION TO APPROVE THE MINUTES OF APRIL 20TH. 1994 AS CORRECTED, Introduced by Fred Carvin who moved for its adoption, seconded by Anthony Maresco: Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Maresco, Mr. Menter, Mr. Carvin, Mr. Turner NOES: NONE ABSTAINED: Mr. Karpeles, Miss Hauser ABSENT: Mr. Thomas April 21st, 1994: Page 11, middle of the page, Mr. Carvin, I tell you I've come down there in the mornings, and they try to back these trucks in here, and it just ties, sib traffic up, take out, that, I mean it's a bad road to begin with; MOTION TO APPROVE THE MINUTES OF APRIL 21ST. 1994 AS CORRECTED, Introduced by Theodore Turner who moved for its adoption, seconded by Fred Carvin: Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Menter, Mr. Carvin, Mr. Maresco, Mr. Turner NOES: NONE ABSTAINED: Mr. Karpeles, Miss Hauser ABSENT: Mr. Thomas April 27th, 1994: NONE MOTION TO APPROVE THE MINUTES OF APRIL 27TH. 1994, Introduced by Theodor e Tur ner who moved for its adop t ion, seconded by Fred Carvin: Duly adopted this 15th day of June, 1994, by the following vote: AYES: Mr. Carvin, Miss Hauser, Mr. Maresco, Mr. Menter, Mr. Turner NOES: NONE ABSTAINED: Mr. Karpeles ABSENT: Mr. Thomas On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Theodore Turner, Chairman -- 43 -