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Letter of Request for Re-HearingFj RICHARD J. BARTLETT PAUL E. PONTIFF ALAN R. RHODES ROBERT S. MCMILLEN PHILIP C. MCINTIRE MARK A. LEBOWITZ J. LAWRENCE PALTROWITZ MALCOLM B. O'HARA PATRICIA E. WATKINS MARK E. CERASANO MARTIN D. AUFFREDOU BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C. LAPPER BENJAMIN R. PRATT, JR. EILEEN M. HAYNES DOMINICK J. VISCAROI COUNSEL BARTLETT, PONTIFF, STEWART & RHODES, P.C. ATTORNEYS AT LAW P. O. Box 216e ONE WASHINGTON STREET GLENS FALLS, NEW YORK 12801-2168 Lew Stone, Chairman Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Paul Schuerlein 188 Dixon Road Dear Chairman Stone: TELEPHONE (5181 192-211T FAx(51e)792-3309 EMAIL bper®netheaven.cum JAMES R. BURKETT TUCKER C. STANCLIFT STEFANIE DILALLO BITTER ROBERT W. TECLER KARLA WILLIAMS BUETTNER TICONDEROGA OFFICE IS FATHER JOGUES PLACE TICONDEROGA, NEW YORK 12883 15181 585 6737 ROBERT S. STEWART t"1932-2001 FIL^ n BERTRAM J. DUBE July 1, 2003 1916-1999 Pt" I:1 :7/,;L 40-) 3 On June 25, 2003, the Zoning Board of Appeals denied Mr. Schuerlein's appeal of the determination by Zoning Administrator, Craig Brown. This appeal resulted after Mr. Brown determined that the use variance that was issued to Mr. Schuerlein in 1997 would not enable the building to be used partially for his plumbing business and partially for a kitchen cabinet and countertop business. Mr. Brown determined that because the resolution only allowed for a plumbing and heating business that it was necessary for a new use variance application to be filed for the additional use. Although it was Mr. Schuerlein's position that because the two businesses are so similar that a new application should not be necessary, the Board did not agree with his interpretation. At this time, pursuant to Town Law §267-a(12) we would like to request a rehearing of the 1997 variance application by the Zoning Board of Appeals. In addition, to the issues that were discussed at the hearing on May 28, 2003, and on June 25, 2003, we would also like to identify that neither Mr. Schuerlein nor the kitchen cabinet and countertop business have any additional employees other than the individual owner. As a result, both of these individuals could legally maintain their business at home as a home occupation under the Zoning Code. The 1997 variance acknowledges the financial hardship due to the pre-existing non-residential building in a residential zone. We are requesting a rehearing to allow the ZBA to change the relief and provide for the use of the building by the two businesses, which together have less of Ll an impact on the neighborhood than would be the case with one large plumbing and heating business with many employees and vehicles on site as is presently permitted by the 1997 use variance. If you need anything further, please contact me or my associate Stefanie DiLallo Bitter. Very truly yours, f Jonathan . Lapper cc: Paul and Terry Schuerlein #161341