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