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Applicationi RECEIVED General Information MAY 2 9 200 I TOWN OF QUEENS Uf PLANNING OFFI Application No. (office Use Only) Project Location: 310 Dixon RoadQueensbury Tax Map ID: 92-2-7 Zone Classification: UR-10 Detailed Description Of Project (include current & proposed use): Applicant: Paul G. Schuerlein Address: 13 Heinrich Street Queensbury, NY 12804 Home Phone: 518-798-2302 Work Phone/Fax: 518-761-0830 Applicant's Agent: Howard I. Krantz Address: 161 Ottawa Street Lake George, NY 12845 Phone: 518-668-2199 Work Phone/Fax: fax 518-668-4653 Property Owner: PGS Plumbing, Inc. Address: (' 13 Heinrich Street Queensbury, NY 1280I Phone: 518-761-0830 Work Phone/Fax: 518-798-2302 Directions to Site: Aviation Road to John Burke Left on Dixon Road 1/8 Mile Drive, Use Variance Last Revised: 03/07/2000 r7 Site Development Data Area / Type Existing sq. ft. Proposed Total sq. ft. Addition s . ft. A. Building Footprint 2,785 n/a 2,785 B. Detached Garage 380 n/a 380 C. AccessoryStructure(s) n/a n/a n/a D. Paved, gravel or other hard surfaced areas 5,950 n/ a 5,950 E. Porches / Decks n/a n/ a n/a F. Other n/a n/a n/a Total Non -Permeable 9,115 n/a 9 ,115 (Sum A through F) Parcel Area 23,522 n/a 23,522 Percent Non -Permeable (CotalNon-Permeable/Parcel 38.7% n/a 38.7% Area) Setback Requirements Required P.Yiqtinp, Proposed Front(i) Front(2) 30 n/a 38.5 n/a 38.5 n/a Shoreline n/a n/a n/a Side Yard (1) west 10 0 0 Side Yard (2) east 10 64 64 Rear Yard (1) 10 30 30 Rear Yard (2) n a n a n a Buffer / Travel Corridor n/a n a a Height 40 40 40 Permeability 30 61.3 61.3 Sign Setback 20 20 Use Variance Last Revised: 03/07/2000 Parcel Information New Tax Map Number: 302.09-1-1 Old Tax Map Number: 92: 2-7.1 Location: 310 DIXON RD. Frontage: 0.00000 Depth: 0.00000 Acres: 0.54000 Property Class: 455 Owner: PGS PLUMBING, INC. Current Land Assessment: 44000 Queensbury Planimetrics Current Total Assessment: 85000 : fence Neighborhood Code: 402 Year Built: 1955 ;' building Square Footage: Water Stories: Bathrooms: pavement P Bedrooms: road Sewer: private r,,,-" tree line Water: comm/public Utilities: gas&electric Queensbury Parcels Heat: Style: Book: 1051 Page: 301 Sales Dates: N Sales Prices: �g0 Y � '^_mil �'•` � �.��i 15 100 w m. ✓Z_.1 302.0so-1 �. sz9.aa �. ,I '.. 67.07 q715 ' 4 1/8,75 50 Flo as ' S WARREN COUNTY REAL PROPRTYT �-_2001 -t Parcel boundaries are compiled (ram deed data and do not represent a field_ survey. e Planimetric information was compiled -from -- .._... m gees `<r, 1988 aerial photography and has not been 90 r1 90 sz ua f updated or checked for accuracy. It is for not used assessment purposes. 48 MOHAWK LIGHTING n NIAGARA 1a3.95 mm 19 —� 14.76 _ 31 20 36 II 17 9 I s>6 760 I l0 // 16 go 7144 I 32 15 N 33 1II 1 cm Zll / 6 1 o ( 7 5 �. N 36 u; 76, y0 /7 4 n 62< r; 13 \ "II I 170,43 DRIVE 90 m 18 !; 17 37 90 4nm 30 39 �(clx -c ti°° 34 It 14 16 J0 15 35 7o 13 1 11 12 I 1 I it I -6 _ +5 I I 1 I 1 37 1 I © 01-1I 5 .95 A I 411II IIi I II III1 I 25 RD• HARRIS HAROLD 38 t)'; G' 3 c 1.1.(-. MATCH LINE MATCH L[NE 302, 301.16-1-1 \OyL povcR :_ J.10, I I blc_1I 1 I I , z 39 / / 1 / 40 / Checklist - Please prepare a map depicting existing and proposed conditions. Failure to complete the following checklist or include all the required information on your plot plan will result in a determination of incom oleteness and a delav in the processing of vour application. *Check /Initial Each Box ADDRESS EACH ITEM P— Provided NA 'Not Applicable WR—Waiver Re uested P NA WR GENERAL A Title, name. address of applicant & person responsible fir preparation of X drawing 13. North arrow. Tax Map ID, date prepared and scale (minimum I in. = 40 X ft.) X C. Boundaries of the property plotted to scale, zoning boundary X D. Location of principal structure, accessory structures with exterior dimensions X E. Location of site improvements including outdoor storage areas. driveways (existin and proposed), parking areas. etc. X F. Setbacks for all structures and improvements WATER & SEWER A Location of on -site sewage disposal facilities. design details, construction X details, flow rates, and number of bedrooms served. X B. Location of water supply (i.e. well) and septic on adjoining lots with separation distances to existing or proposed on -site water supply and septic. C. Separation distances for proposed sewage disposal system to wolf and X waterbodies. D. I"ation and description of existing public or private water supply (well. X lake, etc.). Method of securing public or private water, location design and construction of water supply including daily water usage. X K Percolation test location and results. X PARKING/PERMEABLE AREAS X A. No. of spaces required for project including calculations and justification. B. No. of existing parking spaces, no. to be removed, no. to maintain and X type of surfacin material (e.g., gavel, paced). X C. Provision for pedestrian and handicap access and parking. X D. Location ad design details of ingress, egress. loading areas and cutting. X E. Location and character of green areas (existing and proposed). modification to green area, buffer zone to remain undisturbed. X F. lighting, location and design of all existing or proposed outdoor fighting. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS A. Location of on -site & adjacent watercourses: streams, rivers, lake and X wetlands. 13. Location of proposed & existing: utility/energy distribution systems (gas, X electric, solar. telephone. C. Location, design, and construction of all existing and proposed site X improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants. D. Location and amount / portion of building area proposed for ofEce. X manufacturing, retail sales. or other commercial activities. X I E. Signage: Location, size, type, design and setback Use Variance Last Revised: 03/07/2000 The following questions are based on Section 267-b of the Town Law (1993), which requires a showing by the applicant that: b) ... "applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate... that for each and every permitted use under the zoning regulations for the particular district... (1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (2) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.; (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (4)that the alleged hardship has not been self-created. c) the board of appeals, in the granting of use variances, shall grant the minimum variance that is shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community." 1. Is a reasonable return possible if the land is used as zoned? Yes X No If the answer is no, please provide financial evidence supporting this claim. See Schedule A 2. Is the alleged hardship relating to this property unique? X Yes No See Schedule B 3. Will the requested use variance alter the essential character of the neighborhood? Yes X No See Schedule C. 4. Is the alleged hardship self-created? Yes X No See Schedule D Use Variance Last Revised: 03/07/2000 s 0 SCHEDULE A The property was purchased in 1998. 1 purchased the property for $59,000 (including closing costs).The main commercial building and garage were in deplorable condition. I have expended at least $11,794.00 in improvements. Therefore, I have $70,794.00 into the property. As the main building and garage are presently existing, it cannot be used for any of the permitted uses in the UR-10 zone. The only way it could be used for a permitted use would be by razing the existing structures and building a new structure permitted by the zoning ordinance. When the last estimate for razing the structures was obtained in 1997, the cost was $11,550.00. It would be at least that much today, probably a lot more. Therefore, given what I have into the property, plus at least an additional $11,550.00, 1 would have $82,344.00 into a vacant lot. A vacant lot on Dixon Road is not worth $82,344.00. Therefore, any use or construction made on the property permitted by the zoning ordinance cannot yield a reasonable return. Deed, closing statement and estimate to raze the structures annexed. • a Emp. Initials 0( # pages �J Addtl. Fee # Addtl. Names / Warren County Clerk RECORDING COVER SHEET Transfer Tax Amt. SJ' 07%y. 01I Transfer Tax Stamp Mortgage Tax Amt. Mortgage Tax #. Grantor: Grantee: Recorded by Instrument # 000471 Town ° n RECEIVED REAL ESTATE ,.207 0 — JAN 2 31998 TRANSFER TAX Z WARREN COUNTY w Mortgage Tax Stamp Linda Paquin, as Executor of the Estate of Warren C. Clark and as Trustee of the Warren Clark Trust dated June 30, 1994 PGS Plumbing, Inc. Return to: Dennis J. Tarantino, Esq. Law Offices of Kenneally and Tarantino 470 Glen Street, PO Box 379 Glens Falls, NY 12801 Upon recording, this page becomes a part of the document ($3.00). BPS&R Form 66647 / Recording Stamp l �...; _lQ(_ cc / EXECUTOR'S DEED THIS INDENTURE, made the �ay of January 1998, between LINDA PAQUIN, as Executor of the Last Will and Testament of WARREN C. CLARK, late of the Town of Queensbury, Warren County, New York, deceased, and as Trustee of the Warren Clark Trust dated June 30, 1994, party of the first part, and PGS PLUMBING, INC., a New York corporation with offices at� I(` New York, party of the second part; WITNESSETH, that the party ore first part, by virtue of the power and authority given to the party of the first part by the said Last Will and Testament, and in consideration of Fifty-five Thousand Dollar(s) ($55,000.00) lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns forever, PARCELI ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at an iron pipe set in the ground for a corner in the southerly bounds of Dixon Road, so called, said point of beginning being distant 75.00 feet at a magnetic bearing of North 40' 12' West from another iron pipe set in the ground in the westerly bounds of the lands now or formerly of the City of Glens Falls, said iron pipe being also in the southerly bounds of the said Dixon Road and in the line of a wire fence; running from said point of beginning North 40° !'.'West along the said road 75.00 feet to an iron pipe set in the ground for a comer; thence South 27° 33' West 150.00 feet to an iron pipe set in the ground for a comer; thence south 400 13' East 99.65 feet to an iron pipe set in the ground for a corner; thence North 19° 24' East 160.93 feet to a point or place of beginning, containing three -tenths (3) of an acre of land, be the same more or less. Bearings given in the above description are as the magnetic needle pointed on April 22, 1955. The foregoing description having been made and provided by John B. VanDusen, Surveyor, on April 22, 1955. BEING THE SAME premises conveyed by Zenas Hewitt to Warren C. Clark by deed dated December 15, 1955, and recorded in the Warren County Clerk's Office on April 18, 1956 in Book 353 of Deeds at Page 44. • 0 SUBJECT TO an Agreement between Warren C. Clark and Alexander J. Potenza and Marilyn R. Potenza dated June 14, 1985, and recorded in the Warren County Clerk's Office on June 20, 1985 in Book 671 of Deeds at page 1058. PARCEL II ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING in the southwesterly bounds of Dixon Road at an iron pipe marking the northeasterly comer of the above described Parcel I, running from thence South 40° 05' East along the southwesterly bounds of Dixon Road , 75.00 feet to a point for a corner in the westerly bounds of lands now or formerly of the City of Glens Falls; thence South 12' 32' West along a wire fence and the westerly bounds of said lands of the City of Glens Falls, 174.69 feet to an iron pipe set in the ground; thence South 12° 44' West, still along a wire fence and the westerly bounds of said lands of the City of Glens Falls 172.36 feet to an iron rod found in the ground; thence North 73' 24' West along a wire fence and a portion of the northerly bounds of said lands of the City of Glens Falls, 159.42 feet to an iron pipe set in the ground; thence North 12' 44' East 261.68 feet to an iron pipe found in the ground at the southwesterly corner of said Parcel I; thence South 40' 06' East along the southerly or southwesterly bounds of said Parcel I, 99.65 feet to an iron pipe found in the ground for a comer; thence North 19° 31' East along the easterly bounds of the said Parcel I, 160.93 feet to the point and place of beginning. Bearings given in the above description are as the magnetic needle pointed in 1955. BEING the same premises conveyed by Reginald B. Hewitt to Warren C. Clark by deed dated September 6, 1978 and recorded in the Warren County Clerk's Office on September 8, 1978 in Book 616 at page 1014. EXCEPTING from the above -described Parcel II, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at an iron pin set in the ground at the southeast corner of a parcel of land now or formerly owned by James Williams and Donna Williams, Book 624 of Deeds at Pagel 55 -nd continuing thence North 12° 21' 10" East along the easterly bounds of said Williams lands to and along the easterly end of a cul-de-sac at the easterly terminus of Zenas Drive, a distance of 160.60 feet to an iron pin set for a corner; thence running South 50' 44' 50" East, through lands of Warren C. Clark, Book 616 of Deeds at Page 1014, for a distance of 178.86 feet to a point on the westerly bounds of lands now or formerly of the City of Glens Falls; thence South 12° 38' 30" West 90.43 feet along the said westerly bounds of lands of the City of Glens Falls to an iron pin found for a comer, thence North 73' 46' 50" West 159.42 feet along a northerly boundary of said lands of the City of Glens Falls to the point and place of beginning, containing 20,003 square feet of land. BEING THE SAME premises conveyed by Warren C. Clark to Pro -Craft, Inc. by deed dated April 11, 1985, recorded in the Warren County Clerk's Office on April 12, 1985 in Book 669 of Deeds at Page 1059. f+ FURTHER EXCEPTING from the above -described Parcel II, ALL THAT TRACT QqOR PARCEL OF LAND, situate in the Town of Queensbury, County of Warren and State t" of New York, more particularly bounded and described as follows: BEGINNING at an iron m pipe found in the easterly bounds of a tum-a-round at the end of Zenas Drive at the northwest co comer of the lands now or formerly of Joseph L. and Cathy DuFour; running thence North 0 12 degrees, 21 minutes and 10 seconds East along said Turn -a -round and a continuation ,ca thereof, a distance of 100 feet to an iron rod set in the ground for a comer; thence running South 63 degrees, 48 minutes and 30 seconds East, a distance of 164.55 feet to an iron rod set in the easterly bounds of lards of Warren Clark and the westerly bounds of the land of the City of Glens Falls; running thence South 12 degrees, 27 minutes and 40 seconds West along said lands of the City of Glens Falls, a distance of 141.56 feet to an iron pipe found at the northeast comer of the lands of said DuFour; thence running North 50 degrees, 44 minutes and 50 seconds West along said lands ofDuFour, a distance of 178.86 feet to the point and place of beginning, containing 19,289.06 square feet of land, be the same more or less. BEING THE SAME premises conveyed by Warren C. Clark to Richard Rogge by a deed recorded in the Warren County Clerk's Office on July 1, 1986, in Book 682 of Deeds at Page 631. PARCELS I and H are conveyed subject to all enforceable covenants, restrictions and easements of record. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above -described premises, to the centerline thereof. Together with the appurtenances, and also all the estate which the said decedent had at the time of the death of decedent, in said premises, and also the estate therein, which the party of the Post part has or had power to convey or dispose of, whether individually, or by virtue of said Will or otherwise. To have and to hold the premises herein granted unto the party of the second part, its successors and assigns forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever. m m ly C) Subject to the trust fund provisions of Section Thirteen of the Lien Law. a IN WITNESS WHEREOF, the parry of the first part has duly executed this deed the day and T W O year first above written. v' .J 1 Linda Paquin, Execute, and Trustee STATE OF NEW YORK ) ss.: COUNTY OF WARREN ) On this) J Kday of January, 1998, before me, the subscriber, personally appeared LINDA PAQUIN, the Executor of the Last Will and Testament of WARREN C. CLARK, and the Trustee of the Warren Clark Trust dated June 30, 1994, to me personally known and known to me to be the same person described in and who executed the within Instrument, and she acknowledged to me that she executed the same as such Executor and Trustee as aforesaid for the purposes therein mentioned. No ublic 66960 _� O CLOSING STATEMENT Paquin to Schuerlein 188 Dixon Road, Dueensbury, New York January 15, 1998 PURCHASE PRICE.......................................$55,000.00 DOWN PAYMENT .........................................$ 1,000.00 BALANCE DUE AT CLOSING...............................$54,000.00 ADJUSTMENTS AT C (1) TOWN/COUNTY: 649.21 = 1.9019 X 15 = .............$ -28.53 (2) SCHOOL: 1396.46 = 3.8259 x 199 = ................$-761.35 (3) SCHOOL TAX PENALTY ...............................$ -97.75 TOTAL AD, ]j,STMENT DUE PURCHASER...................$-687.63 DISBURSED BY PURCHASER AT CLOSIN (A) 1,DDITIONAL DOWN PAYMENT ............ $9,000.00 LESS TAX ADJUSTMENTS...............$ -887.63 ..... $ 8,11.2.37 (B) PURCHASE MONEY NOTE & MORTGAGE ...................(45,000.00) (C) ENVIRONMENTAL HYDROGEOLOGY CORPORATION ........... $ 1,717.72 (D) 1998 TOWN/COUNTY TAX ...............$ 649.21 1997-98 SCHOOL TAX.................$1,396.46 SCHOOL TAX PENALTY .................$ 97.75 ..... $ 2,143.42 (E) KENNEALLY & TARANTINO ATTORNEY'S FEES AND DISBURSEMENTS ....................................$ 2,335.00 TOTAL DISBURSED BY PURCHASER .....................$14,308.S1 NOTE: RETAIN THIS STATEMENT FOR TAX PURPOSES. ORIGINAL IN YOUR FILE AT LAW OFFICES OF KENNEALLY & TARANTINO, 470 GLEN STREET, GLENS FALLS, NEW YORK. KRUGE+t CONCRETE. 3 HAROLD RAPAI: ROAD DUCEN50URY NY 72Z19-12A4 FF1. 518-193-5707 ., L.EVACK REALTY < J_: r >,- .._ x.., -. ..• ... •: �':aa-.; :fin _... I oar or r�1hs' :IPR®pOSAL 10/29/97 I' R::. CLARk SITE i TO DEMOLTSH AND REMOVE EXIST.[NG BUILDINES 26 X 90 WAREHDvSE 20 K 20 GARAGE SCOPE: DEMOLITION OF OUILOINGS REMOVE RUDBLE TO APPROVED LANDFILL REMOVE CONCRETE SL.A13S REMOVE EXIST-ING BLACKTOP FINISH GRADE SITE TOTAL: S 9,75o ESTIMATED DUMP FEE $ 1,80o $ 11,550 KRUGER CONCRETE IS NOT RESPONSI{3LE FOR THE REMOVAL OF ANY HAZARDOUS MTC-RIQL (ASB STOS. PAINTS, ETC,) IF DONE THERE WILL BE AND A0017IONAL CKARGE. �" •3 i r'C;:/�5? .-Jy ;/; ., ;is!...�lz: :�-d �,b:a• .cm.;e:e .h .:. I., . o ,r aj�• .5 .... �f s Ui prc;FO`v3�-n �'.> .. ✓% ':.li ;rP ':d:'/lil'Lityi! 3e^c. ::1.�:i?0 i'J.N' ]Ji1rp 'a:C_i•,L:.:i;;n�, fC: r� ;L'fr `t!. I E 11 SCHEDULE B This property is truly unique. In 1949 Warren C. Clark built the main building and garage for operation of his carpet cleaning and furniture reupholstering business. This commercial use pre-existed adoption of the Town of Queensbury's Zoning Ordinance. The commercial use of the business was continued by Mr. Clark until his death in 1997, and thereafter by an employee until I purchased the property in 1998. Prior to purchasing the property, I obtained a use variance for operation of my plumbing business. A copy of my use variance (77-1997) is attached. (Minutes of 1 1 /1 9/97, Minutes of 11 /24/97, Resolution of 11 /24/97.) 9 45./ D r 06] HOWARD I. KRANTZ ATTORNEY AND COUNSELOR AT LAW 161 Ottawa Street Lake George, New York 12845 Adele M. Darrah Telephone Office Manager (518) 668-2199 June 4, 2001 Craig Brown Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Schuerlein/Town of Queensbury Variance Dear Craig: Facsimile (518) 6684653 This covering letter will supplement the application by my client, Paul G. Schuerlein, for a use variance. I understand that Paul has already delivered to you the necessary application and documentation. The main building will be used by Rich Simmes for making countertops. There will be no retail activity. The small rear portion of the main building is used for the storage of miscellaneous tools. Very truly yours, •.�u,Yl.t ri .� . �t a �� Howard I. Krantz HIK/jh cc: Paul G. Schuerlein SCHEDULE D This hardship is not self-created. These buildings and their commercial use were in effect since 1949, long predating adoption of the Town of Queensbury zoning ordinance. Due to the commercial use of the building, there is no practical way a reasonable return can be made of the building other than a commercial use. Town of Queensbury Y Zoning Board of Appeals Community Development Department Staff Notes Use Variance No.: 48-2001 Project Applicant: Paul G. Schuedein Project Location: 310 Dixon Road Meeting Date: June 27, 2001 Description of Proposed Project: Applicant has established and additional non -conforming use on the property and seeks relief to maintain the supplementary use. Relief Required: Applicant requests relief from the allowable uses of the Urban Residential, UR-10 zone, § 179-17. Use Variance 77-1997 approved a plumbing and heating use on the property. Cdtoda for considering a Use Variance according to Chapter 267of Town Law: 1. Can the applicant realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence? The application does not address method of original purchase; was mortgage secured? What are the current mortgage obligations, taxes, expenses, utilities for the property and rental income(s) if any. A $54,000 mortgage at a 10% interest rate could have a $474 monthly mortgage payment. Additional taxes of $180 month could require a total monthly mortgage obligation of $650. What income is generated by PGS Plumbing Inc. to offset the expenses? Is PGS Plumbing Inc. still in operation? 2. Is the alleged hardship relating to the property in question unique, and does this hardship apply to a substantial portion of the district or neighborhood? Unique hardship relating to this property would be limited to the character of the pre-existing structures on the property. The property itself is no more unique than a substantial portion of the neighborhood. The property has ample access to public right of way and no notable site constraints. F Applicant Schuerlein Date June 27, 2001 Page -2- 3. Will the requested use variance, if granted, alter the essential character of the neighborhood? Moderate impacts may be anticipated as a result of this action. An additional commercial use may present an adverse impact on the neighborhood. 4. Is the alleged hardship self-created: The alleged hardship could be interpreted as self created. The Town of Queensbury zoning classification for this property has not changed since 1997 nor has the listing of allowable uses. Parcel Hi (construction/stte plan/vadance, etc. Use Variance 77-1997 res.l 1 /24/97 Plumbing & Heating bus. in UR-20 zone BP 98-651 issued 10/23/98 Certificate of Occupancy BP 98-2370 issued 10/23/98 sign staff comments: It does not appear as though the applicant has, with the information supplied, met the standards necessary for the approval of a use variance. Demonstration of operation at a financial loss, uniqueness of the property, and the imposition of an unnecessary, unforeseeable hardship do not appear to have been demonstrated. SEAR Status# Type: Unlisted MOTION FOR -AGAINST—TABLE—BY SECOND VOTE: HAYES MCNULTY STONE ABBATE MCNALLY BRYANT L:\Craig\2001zbanotes\Jun27\Schuerlein.doc 14lu:M UNDERWOOD URRICO Zoning Board of Appeals Community Development Department Staff Notes A Project Name: Owner: ID Number: County Project#: Current Zoning: Community: ---- - Jun01-32 Warren County Planning Board Project Review and Referral Form Reviewed by Board on June 13, 2001 Schuerlein, Paul G. PGS Plumbing, Inc. QBY-UV48-2001 JunOl-32 UR-10 Queensbury �tECEIVE JUN 1 9 2001 TOWN OF Project Description: Applicant seeks a use variance to allow additional businesses in his building. A previous use variance for this building (UV-77-1997) was given for a plumbing business only. Site Location: 310 Dixon Road. Tax Map Number(s): G'Y&ft Staff Notes: The applicant is continuing to use the structure for his plumbing business, but apparently wishes to share the space with a tenant. It appears that the additional business proposed in this structure is a countertop fabrication business. Staff is concerned about the solvents and adhesives likely to be used in countertop fabrication - how the building will be ventilated, how wastes will be handled - and the potential negative impact on the nature of this primarily residential neighborhood. The application materials do not indicate if this proposed use is consistent with the Town's 1998 comprehensive plan. Staff recommends discussion. Local actions to date (if any): A public hearing has been scheduled for June 27, 2001. County Planning Board Recommendation: Approve Local Action:/Final Dispensation (Provide reason if local action is contrary to Warren County Planning Board recommendation): Warren County Planning B ar Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING BOARD WITHIN 30 DAYS OF FINAL ACTION. Zoning Board of Appeals — Record of Resorution " Town o Queensbury 742 Bay Road Queensbury, f Q ry y Q ury, NY 12804 (518) 761-8238 Lewis N. Stone, Chairman 192 Lake Parkway Lake George, New York 12845 TO: Paul G. Schuerlein 13 Heinrick Street Queensbury, NY 12804 Charles A. McNulty, Secretary 14 Twicwood Lane Queensbury, New York 12804 PROJECT FOR: Paul G. Schuerlein 310 Dixon Road The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Use Variance No. 48-2001, Paul G. Schuerlein Meeting Date: Wednesday, June 27, 2001 Approved _ Denied Tabled _X_ Withdrawn SEQRA Review [Tabled: applicant has sixty (60 days) to come back with the application] MOTION TO TABLE USE VARIANCE NO. 48-2001 PAUL G. SCHUERLEIN, Introduced by Lewis Stone who moved for its adoption, seconded by Charles Abbate: 310 Dixon Road. For up to 62 days, so the applicant can return with a more complete presentation about the competent financial evidence for each and every permitted use in the UR- 10 zone. Duly adopted this 27`h day of June, 2001, by the following vote: AYES: Mr. Abbate, Mr. McNally, Mr. Hayes, Mr. McNulty, Mr. Urrico, Mr. Himes, Mr. Stone NOES: NONE ABSENT: Mr. Bryant SincereI , Lewis N. Stone, Chairman Queensbury Zoning Board of Appeals LS/sh cc: Howard L Krantz Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) i HowARD I. KRANTZ RECEIVED ATTORNEY AND COUNSELOR AT LAW JUL 0 9 20010 161 Ottawa Street ��% Lake George, New York 12845 TOWN OF QUEENSBURY Adele M. Darrah PLANNING Telephone Office Manager (518) 668-2199 Lewis N. Stone, Chairman Queensbury Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Schuerlein/Town of Queensbury Dear Mr. Stone: July 5, 2001 Facsimile (518) 668-4653 ❑ AREA(y E VARIANCE NO. ` ❑ SIGN Please be advised that my client, Paul G. Schuerlein, withdraws his pending application for a use variance for the premises at 310 Dixon Road. Mr. Schuerlein will be seeking to obtain a zoning change for this parcel from the Queensbury Town Board. Very truly yours, Howard I. Krantz HIK/jh cc: Paul G. Schuerlein