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06-20-2012 (Queensbury ZBA Meeting 06/20/2012) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING JUNE 20, 2012 INDEX Area Variance No. 28-2012 Joseph Mihindukulasuriya 1. Tax Map No. 302.11-11-37 and 38 Area Variance No. 29-2012 Michael Gleasman 4. Tax Map No. 240.5-1-7 Area Variance No. 26-2012 San Souci of Cleverdale 9. Tax Map No. 226.12-1-43 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. 0 (Queensbury ZBA Meeting 06/20/2012) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING JUNE 20, 2012 7:00 P.M. MEMBERS PRESENT STEVEN JACKOSKI, CHAIRMAN ROY URRICO, SECRETARY JOYCE HUNT RONALD KUHL BRIAN CLEMENTS RICHARD GARRAND JAMES UNDERWOOD LAND USE PLANNER-KEITH OBORNE STENOGRAPHER-SUE HEMINGWAY MR. JACKOSKI-For those of you who haven't been here in the past, on the back table you'll find a brief outline of how we conduct our meetings here. We will call each applicant to this table in the front to present their application. Board members generally will ask some questions. We'll open up for public comment when public comment has been noticed, and we need to do a little bit of housekeeping to begin with here. So we do have the approval of the meeting minutes for April 18th. Would anyone like to make a motion? APPROVAL OF MINUTES April 18, 2012 MOTION TO APPROVE THE QUEENSBURY ZBA MEETING MINUTES OF APRIL 18, 2012, Introduced by Ronald Kuhl who moved for its adoption, seconded by Joyce Hunt: Duly adopted this 20th day of April, 2012, by the following vote: AYES: Mr. Underwood, Mr. Urrico, Mr. Garrand, Mr. Clements, Mrs. Hunt, Mr. Kuhl, Mr. Jackoski NOES: NONE MR. JACKOSKI-We'll then need a motion for the April 25t"'s minutes. April 25, 2012 MOTION TO APPROVE THE QUEENSBURY ZBA MEETING MINUTES OF APRIL 25, 2012, Introduced by Roy Urrico who moved for its adoption, seconded by Joyce Hunt: Duly adopted this 20th day of April, 2012, by the following vote: AYES: Mr. Underwood, Mr. Garrand, Mr. Kuhl, Mr. Urrico, Mrs. Hunt, Mr. Jackoski NOES: NONE MR. JACKOSKI-Thank you. Okay. This evening, we have Old Business, but we're going to start off with New Business. NEW BUSINESS: AREA VARIANCE NO. 28-2012 SEQRA TYPE II JOSEPH MIHINDUKULASURIYA AGENT(S) ETHAN P. HALL - RUCINSKI - HALL ARCHITECTURE OWNER(S) JOSEPH MIHINDUKULASURIYA ZONING MDR LOCATION 35 GARRISON ROAD APPLICANT PROPOSES TO CONSTRUCT A HIP ROOF TO EXISTING 1,370 SQ. FT. FLAT ROOF GARAGE. RELIEF REQUESTED FROM MINIMUM REAR SETBACK REQUIREMENTS OF THE MDR ZONE. CROSS REF BP 2011-617; BP 97-559 WARREN COUNTY PLANNING N/A LOT SIZE 0.34 & 0.34 ACRES TAX MAP NO. 302.11-11-37 AND 38 SECTION 179-3- 040 ETHAN HALL, REPRESENTING APPLICANT, PRESENT 1 (Queensbury ZBA Meeting 06/20/2012) STAFFINPUT Notes from Staff, Area Variance No. 28-2012, Joseph Mihindukulasuriya, Meeting Date: June 20, 2012, "Project Location: 35 Garrison Road Description of Proposed Project: Applicant proposes to construct a hip roof to existing 1,370 sq. ft. flat roof garage. Relief Required: Parcel will require area variances as follows: 1. Rear setback - Request for 10.7 feet of relief from the 30 foot rear setback requirement for the MDR zone as per§179-3-040. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives appear limited due to the nature of the project. 3. Whether the requested area variance is substantial. The request for 10.7 feet or 36% relief from the 30 foot rear setback requirement for the MDR zone as per §179-3-040 may be considered moderate relative to the ordinance. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Parcel History(construction/site plan/variance, A.V. 71-2011 Side setback and Exp. N/C structure Approved 12/21/2011 Staff comments: As a condition of approval the Zoning Board may wish to require the applicant to combine both parcels in order to avoid additional variances. SEQR Status: Type II MR. JACKOSKI-Thank you. Welcome, and I know that from our last meeting here regarding the house, the neighbors are probably very happy that this garage is finally being looked at. MR. HALL-I believe they are. Good evening. My name is Ethan Hall, principle with Rucinski Hall Architecture tonight representing the Mihindu's. The issue with this building is that it has a flat roof. It does all pitch the back right now and it looks very much out of character with the rest of the house with the additions that they've been doing there. It is their desire to put a hip roof on this. It's just going to sit on top of the existing walls. There's no expansion of the existing exterior walls. It's just going to sit on top of the footprint as it is, and because the footprint is in current violation of the rear setback, that's the need for the relief there. MR. JACKOSKI-Pretty straightforward. MR. HALL-Pretty straightforward. MR. JACKOSKI-Okay. Anything else you'd like to add? Okay. Any questions from Board members? MR. GARRAND-Did you get any feedback from the neighbors as far as a design? 2 (Queensbury ZBA Meeting 06/20/2012) MR. HALL-No. I haven't heard anything from the neighbors. I know that there were some of the neighbors that were here when they were getting their initial relief for the addition to the house, and most of the concern, I believe, was for the exterior of the property and the cleanup of the property and this is just the next step in that continued cleanup. As far as the combination of lots, one thing I did mention, Keith, I don't know what the status of this is, but I know that Mrs. Mihindu was working with Craig, and I believe that that's already complete. She's just trying to compile the paperwork for it. MR. OBORNE-And just to let the Board know, I mean, that's just a safeguard to put that condition of approval on there. Their permit's not going to be released unless the properties are combined anyway. MR. JACKOSKI-But it's not, right at this moment they don't have to combine the properties. Correct? MR. OBORNE-They do not have to. That is correct. MR. JACKOSKI-I mean, it's up to us to decide if we want to do that. MR. OBORNE-No, they have to in order to go forward with the project, absolutely, or come back and request additional relief. MR. JACKOSKI-Because of an accessory structure without a primary? MR. OBORNE-Correct. You've got it, and side setbacks would have to come into play. MR. HALL-Then we'd have some side, but it's already underway. If it's not already complete, it is underway. I think it's already completed. MR. KUHL-Seeing as how this has been discussed, one of the lot, what is it, to the east? What are we combining? MR. HALL-This whole property encompasses two lots. There's a lot line right down the middle. It was when the original subdivision was done way back in the early 30's or whatever it was. MR. JACKOSKI-The lot line goes right down the center of the driveway. MR. HALL-It goes right down the middle of the driveway, yes. So this, in effect, encompasses two lots. MR. KUHL-Okay. Thank you. MR. JACKOSKI-Any other questions from Board members before I open up the public hearing? We do have a public hearing scheduled for this evening. I'd like to open that. Is there anyone here who'd like to address this Board concerning this project? PUBLIC HEARING OPENED MR. JACKOSKI-Seeing no one in the audience, is there any written comment? MR. URRICO-None. MR. JACKOSKI-No written comment. Should I poll the Board? I'll start with Brian. MR. CLEMENTS-1 think it's a good project. I think it's been progressing. It looks much better than it did the last time we looked at it, and seeing that there seems to be no neighbors that are bothered by this, I'd be in favor. MR. JACKOSKI-Thank you. Roy? MR. URRICO-Yes, I think it's a good project at this point. I think it's an improvement over what we saw the last time and I would be in favor of it. MR. JACKOSKI-Ron? MR. KUHL-Yes. Last time with the main house all the neighbors were commenting about this garage, and so it's now straightforward. I have no problem with it at all. MR. JACKOSKI-Joyce? 3 (Queensbury ZBA Meeting 06/20/2012) MRS. HUNT-Yes, I agree with my fellow Board members. It's been a big improvement since the first time you came and I'd be in favor. MR. JACKOSKI-Jim? MR. UNDERWOOD-Yes, I think we should focus on the end result and I think what you've been doing so far shows it's going to look a heck of a lot better than what you had. MR. GARRAND-1 think this will truly make a positive change to the neighborhood. It won't necessarily affect the character since it will be in character with the current house. I don't think, without relief, they could quite possibly do this without tearing down the garage and starting over. So I'd be in favor of it. MR. JACKOSKI-Thank you, and of course I agree with my fellow Board members. So I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. JACKOSKI-Would anyone like to make a motion? MR. GARRAND-I'll make one. MR. JACKOSKI-Thank you, Rick. MOTION TO APPROVE AREA VARIANCE NO. 28-2012 JOSEPH MIHINDUKULASURIYA, Introduced by Richard Garrand who moved for its adoption, seconded by Joyce Hunt: 35 Garrison Road. Applicant proposes to construct a hip roof to the existing 1,370 square foot flat roof garage. This parcel will require rear setback relief for 10.7 feet from the 30 foot rear setback requirement in the MDR zone as per 179-3-040. On the balancing test, whether benefits can be achieved by other means feasible to the applicant. I don't think benefits can be achieved. They'd have to one, modify the driveway, two, tear down the garage, and, three make other adjustments to the landscaping. So I don't think it's too feasible. Will this produce an undesirable change in the neighborhood? I believe it'll produce a positive change in the neighborhood. The request might be deemed moderate, given the level of relief requested. Will this have adverse environmental or physical impacts on the neighborhood? I don't believe any. Is this self-created? The applicant didn't put the garage here, but he is subject to the new current zoning. So I don't believe it is self-created. So I move we approve Area Variance 28- 2012, with the condition that the two lots be combined. Duly adopted this 20th day of June, 2012, by the following vote: MR. JACKOSKI-Should we condition this on the assurance of the combination of the two lots? MR. HALL-That's fine with us. MR. JACKOSKI-And the applicant has stated that they will do that. So that's added to the motion. AYES: Mr. Urrico, Mr. Kuhl, Mr. Underwood, Mr. Clements, Mr. Garrand, Mrs. Hunt, Mr. Jackoski NOES: NONE MR. JACKOSKI-Thank you. MR. HALL-Thank you very much. AREA VARIANCE NO. 29-2012 SEQRA TYPE II MICHAEL GLEASMAN OWNER(S) MICHAEL GLEASMAN ZONING WR LOCATION 52 '/2 RUSSELL HARRIS ROAD APPLICANT PROPOSES TO REMOVE EXISTING U-SHAPED DOCK AND CONSTRUCT A 164 SQ. FT. 30 FOOT LONG L-SHAPED WHARF WITH 480 SQ. FT. SUNDECK. RELIEF REQUESTED FROM MINIMUM SIDE SETBACK REQUIREMENTS FOR A DOCK. SPR 34- 2012 BOATHOUSE; BP 2011-264 BOATHOUSE; BP 2011-237 DEMO OF BOATHOUSE WARREN COUNTY PLANNING YES ADIRONDACK PARK AGENCY YES LOT SIZE 0.14 ACRES TAX MAP NO. 240.5-1-7 SECTION 179-5-060 MICHAEL GLEASMAN, PRESENT 4 (Queensbury ZBA Meeting 06/20/2012) STAFFINPUT Notes from Staff, Area Variance No. 29-2012, Michael Gleasman, Meeting Date: June 20, 2012 "Project Location: 52 '/2 Russell Harris Road Description of Proposed Project: Applicant proposes to remove exiting U-shaped dock and construct a 164 sq. ft. 30 foot long L-shaped wharf with 480 sq. ft. sundeck. Relief Required: Parcel will require area variances as follows: 1. North side setback - Request for 20 feet of north side setback relief from the 20 foot requirement as per §179-5-060A(7) for that portion of the proposed boathouse straddling the north property line. 2. South side setback - Request for 10 feet of south side setback relief from the 20 foot requirement as per§179-5-060A(7) for the south portion of the proposed boathouse. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives appear limited due to parcel size and nature of proposed project. 3. Whether the requested area variance is substantial. The request for 20 feet or 100% relief from the 20 foot side setback as per §179-5-060 for the northern portion of the dock may be considered severe relative to the ordinance. The request for 10 feet or 50% relief from the 20 foot side setback as per §179-5-060 may be considered moderate to severe relative to the ordinance. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self created. The difficulty may be considered self- created, however the restrictive nature of the parcel adds to the request for setback relief. Parcel History (construction/site plan/variance, SP 34-12: Pending BP 11-264: Boathouse BP 11-237: Demo of boathouse Staff comments: The parcel has approximately 25 feet of shoreline frontage on Lake George. The applicant has removed the boathouse due to damage as well as the northern portion of the dock in order to accommodate a larger boat. The L-shaped dock will have a 480 sq. ft. sundeck supported on the north side with a row of 6 x 6 posts located adjacent to the north property line. Planning Board recommendation attached. SEQR Status: Type II MR. URRICO-The Planning Board, last night, they made a recommendation on behalf of the Planning Board to the Zoning Board that based on its limited review they did not identify any significant adverse impacts that cannot be mitigated by the current project proposal, and that was approved six with one abstention. MR. JACKOSKI-Thank you. Welcome, and I'm anxious to hear what a cooked dock is. MR. GLEASMAN-Does it say cooked? 5 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-It says here, I think it says dock to become cooked. MR. GLEASMAN-Well, it's not cooked. It was definitely crooked. It moved quite a bit, actually, the northern part, the part to the right has been since removed, and that's just what we do want to construct is something very similar, but it would be a four foot wide versus a five foot wide dock in the center and have it centered right on the property with the sundeck above. We purchased the property in December. So it was really, the current condition is very unsafe and we want to make it a usable dock area and something that was not too dissimilar from what it was but obviously not an enclosed boathouse but just a simple sundeck above with a single dock versus the U-shaped dock which is in there which was too narrow to really put a boat. It was less than seven feet wide and the left side is pushed so much and there's not enough room on the left side so basically there wasn't enough room to even put a single boat into the current condition. MR. JACKOSKI-Okay. Fair enough. Are there any questions from Board members at this time? MR. UNDERWOOD-Keith, what's the relative rule in regards to when you take something down that's non-compliant? I mean, would they not have had a building permit already issued before they took down the demolition of the structure? MR. OBORNE-No, not at all. Dave allows them to demo within reason. That's what, he does have that permit on file. MR. GLEASMAN-Yes, I do. MR. KUHL-So the four foot wide dock is going to be a crib? MR. GLEASMAN-Yes. MR. KUHL-Is that what it's going to be? And then what are you going to do with the single verticals on the other side, how are they going to be secured? MR. GLEASMAN-I'm working with a couple of dock builders right now to get the engineering exact plans of the construction of that. I don't have those yet. Actually I should have them very soon. MR. KUHL-Okay. MR. JACKOSKI-It could be that they make you do a three foot dock with a one foot on the other side, just for stability reasons. Is that what you're thinking? I mean, it's a possibility. It wouldn't affect the variances, but it would. MR. GLEASMAN-That is a possibility, certainly. They thought they'd be able to build it the way it was kind of drawn. I went over it with them, but I've yet to get back the. MR. JACKOSKI-Fortunately you're kind of protected in there. So you don't have a lot of wave action. MR. GLEASMAN-Right, yes, it is, it's very calm in there. MR. OBORNE-As long as it's on the northern end that it's along the property line. He's asking for zero relief. I mean, he's going to have to have a surveyor out there to make sure that things get properly placed because Bruce won't let it roll if it doesn't. MR. JACKOSKI-And you know how I feel about zero relief. MR. OBORNE-Yes, sir, I do. MR. KUHL-But, Keith, how can we say yes or no to this if this isn't the final design? MR. OBORNE-You're approving what is before you. If there's any deviation, he'll be back. It's not required for the building permit, I mean, for Site Plan or for the Zoning Board. It certainly is for the Building Department. MR. JACKOSKI-Why would they have to come back if they simply move the center line of the berth toward the four foot dock and made a three foot pier and a one foot pier? It's still going to be the exact same overall width. 6 (Queensbury ZBA Meeting 06/20/2012) MR. OBORNE-As long as the relief is consistent, fine. MR. JACKOSKI-So they don't have to come back if they do that modification or change? MR. OBORNE-That's correct. MR. JACKOSKI-They could do two feet and two feet, they could do three and one or four and zero. It doesn't matter. MR. OBORNE-1 believe that would be correct. Yes. MR. UNDERWOOD-So is the Park Commission and everybody else considering this a replacement of a previously pre-existing structure? MR. OBORNE-That would be a question for the applicant. MR. UNDERWOOD-That's what I would like to know. MR. GLEASMAN-1 mean, the Lake George Park Commission? I put these exact same information before them. It's not really an exact replacement. It's obviously very similar, but I think that their view was, and I'm not sure, but it's replacing it, but it's a lot less, you know, as far as keeping in at the beauty of the lake, not having an enclosed boathouse, which is what was there. There's a photo showing the house next door which was actually pretty similar to what was there existing and having an open sided, it was keeping in with what was the nature of the surrounding properties and I don't think they knew, they knew it wasn't an exact replacement, because it was not an exact replacement because that wouldn't really work, but it's a sort of variation of what was there, but taking up less square footage on the lake. MR. JACKOSKI-Is there a reason you can't center the proposed structure in your lot? MR. GLEASMAN-Well, it's pretty old. I mean, I don't know if it's really that safe. I mean, the one on the right side that we took out, it was really kind of sinking in. It's pretty crooked. I mean, I'd say out at the tip it's probably tipped out a good couple feet. MR. OBORNE-1 think the question is, are you utilizing the existing cribs that are there? MR. GLEASMAN-Well, the rocks themselves or do you mean the crib, I'm not sure the terminology so. MR. OBORNE-The wood. MR. GLEASMAN-The wood? I wasn't planning on using the existing wood. I just thought, I basically wanted something that was going to be new and built well. I really didn't want to have to reconstruct anything in my lifetime, and so whatever is the best solution is what I would want to do. So I would turn to the experts on what that would be. MR. GARRAND-How are you getting up and down from the sundeck? MR. GLEASMAN-There would need to be a ladder constructed which was part of the building plan that I'm waiting to get back, or, you know, stairs, it would be a stair, not ladder. MR. KUHL-Is the existing dock 41 feet also? Is that what you're doing? MR. GLEASMAN-Yes. MR. KUHL-Okay. MR. JACKOSKI-Are there any other questions at this time from Board members? Okay. Hearing none there is a public hearing scheduled this evening for this application. Is there anyone here in the audience who'd like to address this Board concerning this matter? PUBLIC HEARING OPENED MR. JACKOSKI-Seeing no one, is there any public comment? MR. URRICO-None that I can find. MR. JACKOSKI-Okay. I'm going to poll the Board, before we close the public hearing. Rick, I'll start with you. 7 (Queensbury ZBA Meeting 06/20/2012) MR. GARRAND-On a project like this, I think the most impacted people are the neighbors here. Also the mere fact that the old boathouse has been torn down, that was gaudy, awful looking. To see things like that on the lake totally disrupts the landscape from the lakeside. It looks awful when people do that. I'm in favor of this because of what you've taken down, and I hope that you don't try to enclose it with something as tacky looking as that was. That was horrible. MR. GLEASMAN-It was horrible. It was disgusting. I agree. MR. GARRAND-1 couldn't figure out how anybody in their right mind would do that on the lake, would disrupt the entire view scape of Lake George with something like that. MR. GLEASMAN-1 wish my neighbor didn't have one. MR. JACKOSKI-Well, okay. Ron? MR. KUHL-I think it's an improvement. I think it's a good project. It's strange that we're approving something that we didn't see the final design, but as long as it stays within the dimensions as presented here, I have no problem with it. MR. JACKOSKI-Brian? MR. CLEMENTS-1 also think it's a good project. I think the applicant, one thing he's pointed out is you don't have a lot of space there to do things. I think it's going to be a definite improvement, and I'd be in favor. MR. JACKOSKI-Jim? MR. UNDERWOOD-Yes. The only objection I could come up with here is keeping in mind that this is only a 25 foot wide lot, you know, and I think that really in the sense, when we're looking at the lake, you know, when we're trying to accommodate everybody and everybody wants a boathouse. Everybody wants, you know, their boat semi enclosed or fully enclosed, it is an improvement over what was there, but I really think this is what you should be looking at, you know, a dock with a boat that you can tie your boat up to, and I think that we've made boathouses kind of an entitlement and I think that's wrong, and in this instance here, I'm still not sure that we're doing the right thing here, but I guess I'll go along with everybody else's wishes, if the majority of the Board wants to keep this thing as you've proposed it. MR. JACKOSKI-Joyce? MRS. HUNT-Yes. I think because this is a replacement of something that was far worse than we're getting, and I don't think there'll be any negative impacts to the neighborhood. There certainly are limited alternatives because of the size and nature of your project, and the variances required are from moderate to severe, but again, it's a 25 foot lot, and I would be in favor. MR. JACKOSKI-Roy? MR. URRICO-Yes. The only one of the criteria that seems to be requested is the variance for the area of the dock, and I see that we're replacing something and it almost needs to be this size, although we probably could have with something smaller, but I would go along with it. MR. JACKOSKI-Okay. I think we probably could have centered the proposed complex in the lot, but I suspect that would affect the swimming area, that you seem to have some stairs going down to the side which is to your south, I think, the left side. MR. GLEASMAN-Yes. MR. JACKOSKI-So trying to keep, you know, utilization of the property so that you have swimming and boating, and you did have a very complex that needed to be maintained and taken down and something nicer. I'll be in favor of the project, too. So, at this point I think I'll close the public hearing. PUBLIC HEARING CLOSED MR. JACKOSKI-And look for a motion. MR. CLEMENTS-I'll make a motion. 8 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-Okay. Thank you. MOTION TO APPROVE AREA VARIANCE NO. 29-2012 MICHAEL GLEASMAN, Introduced by Brian Clements who moved for its adoption, seconded by Joyce Hunt: 52 '/2 Russell Harris Road. Proposed project description is applicant proposes to remove existing U-shaped dock and construct a 164 square foot, 30 foot long L-shaped wharf with a 480 square foot sundeck. The relief required is, Number One, north side setback request for 20 feet relief setback from the 20 foot requirement as per §179-5-060A(7) for that portion of the proposed boathouse straddling the north property line. Number Two, south side setback request for 10 feet of south side setback relief from the 20 foot requirement as per §179-5- 060A(7) for the south portion of the proposed boathouse. In make the determination, the Board shall consider, Number One, whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting the variance. Minor impacts to the neighborhood may be anticipated and there were no negative remarks from neighbors. Number Two, whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an Area Variance. Feasible alternatives appear limited due to the parcel size and the nature of the proposed project. Whether the requested area variance is substantial. The request for 20 feet or 100% relief from the 20 foot side setback may be considered severe relative to the ordinance, but there are no real feasible alternatives. The request for 10 feet or 50% relief from the 20 foot side setback as per §179-5- 060 may be considered moderate to severe relative to the ordinance. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Minor impacts may be anticipated, and the alleged difficulty may be considered self created. I move for approval. Duly adopted this 20th day of June, 2012, by the following vote: MR. UNDERWOOD-Roy asked me, and I think I would make the addition, too, that you should check with Staff about where you place the stairs on there for your access, so you don't require future relief, you know, and you have to come back again, too. MR. GLEASMAN-Okay. MR. JACKOSKI-Right, because if you go outside that 15 feet or whatever it is. MR. GLEASMAN-Yes, no, I would not. MR. JACKOSKI-Okay. That's appreciated. AYES: Mr. Kuhl, Mr. Underwood, Mr. Garrand, Mr. Urrico, Mr. Clements, Mrs. Hunt, Mr. Jackoski NOES: NONE MR. JACKOSKI-Congratulations, good luck. MR. GLEASMAN-Thank you very much. OLD BUSINESS: AREA VARIANCE NO. 26-2012 SEQRA TYPE II SAN SOUCI OF CLEVERDALE AGENT(S) BARTLETT, PONTIFF, STEWART AND RHODES, PC/NACE ENGINEERING OWNER(S) SAN SOUCI OF CLEVERDALE ZONING WR LOCATION 92 MASON ROAD APPLICANT PROPOSES SITE MODIFICATION TO PREVIOUSLY APPROVED AREA VARIANCE AND SPECIAL USE PERMIT AND SEEKS RELIEF FROM SIDE SETBACK, FENCING AND PERMEABILITY REQUIREMENTS AS WELL AS EXPANSION OF A NONCONFORMING STRUCTURE. CROSS REF SP 9-2012, SUP 45-2009; BOH 14-2009; AV 38-2009 WARREN COUNTY PLANNING APRIL 2012 ADIRONDACK PARK AGENCY YES LOT SIZE 0.27 ACRE(S) TAX MAP NO. 226.12-1-43 SECTION 179-5-070, 179-10; 179-3-040 STEFANIE BITTER & TOM CENTER, REPRESENTING APPLICANT, PRESENT STAFFINPUT Notes from Staff, Area Variance No. 26-2012, San Souci of Cleverdale, Meeting Date: June 20, 2012 "Project Location: 92 Mason Road Description of Proposed Project: Applicant proposes to modify approved site plan to include the removal of vegetation and the installation of "permeable" pavers on existing gravel parking spaces. Further, applicant seeks after the fact 9 (Queensbury ZBA Meeting 06/20/2012) approval for the installation of a +/- 665 square foot patio with access deck and stairs to accommodate four tables as well as for the installation of a 6 foot tall, 112 foot long stockade fence along the south boundary. Variances: Relief from side setback, expansion of a nonconforming structure, and fencing requirements. Relief Required: Nature of Area Variance: Parcel will require area variances as follows: 1. Side Setback - Request for 7.15 feet of south side setback relief after the fact for the installation of stairs and deck leading to unapproved patio. 2. Expansion of a non-conforming structure must be approved by the Zoning Board of Appeals. 3. Front (west) fence height and style- Request, after the fact, for 2 feet of fence height and style along the 15.5 feet of architectural front placement of 6 foot tall vinyl stockade fence. 4. Front (east) fence height and style - Request, after the fact, for 2 feet of fence height and style along the 28 feet of architectural front placement of 6 foot tall vinyl stockade fence. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to moderate impacts to the neighborhood may be anticipated as any decrease to permeability could be considered detrimental. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives would be to build what was previously approved in 2009. 3. Whether the requested area variance is substantial. The request for 7.15 feet or 36% relief from the 20 foot side setback requirement as per §179-3-040 for the deck and stairs associated with the patio may be considered moderate relative to the ordinance. Further, expansion of a non-conforming structure must be approved by the ZBA as per §179-13-010. The request for 2 feet of fence height or 33% relief as well as style relief along the 15.5 feet of front yard (west) placement of a 6 foot tall vinyl stockade fence as per§179-5-070 may be considered moderate relative to the ordinance. Finally, the request for 2 feet or 33% relief as well as style relief along the 28 feet of front yard (east) placement of a 6 foot tall vinyl stockade fence as per§179-5-070 may be considered moderate relative to the ordinance. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor additional impacts on the physical or environmental conditions in the neighborhood may be anticipated as the site is essentially built out as it exists. 5. Whether the alleged difficulty was self created. The difficulty is self-created. Parcel History (construction/site plan/variance, SP 9-12 Exp. of N/C structure in CEA and site plan modification Pending SP 9-12 Recommendation to ZBA Completed 5/15/2012 SUP 45-09 Exp. of N/C structure IN CEA and site improvements Approved 8/25/09 AV 39-09 Front setback, Exp. of n/c structure, FAR, Permeability, parking Approved 8/25/09 BOH 14-09 Holding tanks Approved 7/2009 Staff comments: The request for additional permeability relief due to the installation of the patio is also tied to the desire of the applicant to have the proposed "permeable" pavers installed in part to reduce the overall impermeable nature of the site. The Town Designated Engineer (TDE) has been asked to qualify and quantify the amount of relief that the proposed pavers may provide, please see attached correspondence. It appears that permeability relief is not warranted due to the increase in overall permeability with the proposed paver system to be installed, please see attached TDE correspondence with staff. 10 (Queensbury ZBA Meeting 06/20/2012) SEQR Status: Type II" MR. JACKOSKI-Thank you. Welcome back. MS. BITTER-Stefanie Bitter here with Tom Center and Larry Clute. Just to recap what we discussed last month, the way that I understand it there's really only three variances that we're seeking. The first is for the side setback relief relative to the patio. The second is the expansion of the nonconforming structure, and the last is relative to the fence only on the east side, not on the west side. It's only on the Cleverdale side. Mason Road does have a four foot fence leading up to the Mason Street section. So that side we are compliant, 20 foot off the property line. Just to, again, discuss this, as we're well aware, San Souci is a longstanding gathering place for the community. The patio was installed because of Mr. Clute's concerns for the patrons who were waiting in the parking lot for their tables. This way he go them into the building, on the patio, in a secured area so that there wasn't any safety concerns relative to the cars that were looking for parking spaces. That patio is not for dining. It's merely for waiting and it's closed by 9 p.m. I don't know if any of you had the opportunity to go to the site. It's too bad we can't be there tonight, but it's difficult to have food down there due to the stairs that are in place. With regards to the fence that we described at the last meeting, that fence was installed for the protection of the neighbor. Obviously there had been some trees removed, and this provides the utmost privacy that can be protected under those conditions. I don't believe, or we don't believe that there's any negative impact with bringing that fence to six foot to that point because there is the ability to view the visibility of the street, once you get to the edge of pavement. So we feel that that shouldn't have any negative impact. Since our last meeting, Mr. Clute did have an opportunity to side the Cleverdale side of the building. Again, I don't know if any of you had a chance to go there. He also did have a chance to put in the plantings as was discussed at the last meeting. We will give him an opportunity to discuss his proposed construction schedule which I know you were interested in finding out as well. MR. JACKOSKI-Thank you. MS. BITTER-I'll open it up to any questions at this time. MR. JACKOSKI-Board members? MR. GARRAND-When's it going to be done? How soon `til it's done? LARRY CLUTE MR. CLUTE-The left side of the building I'll do throughout this season. The right entrance and the front entrance will be done in the Fall. The grass areas, if you guys are so kind to accept them, will also be done in the Fall. March I'll be closing down for three weeks to accomplish the interior kitchens. I'd like to say by Fall of next year, I'll use your word, done, say I'll be done. We'll see. I doubt that my project will be done. MR. KUHL-Larry, don't you have to do some modification to the septic also, the tanks? MR. CLUTE-The septic is based on a failure. I'm thinking that I'm probably, if I'm lucky, I'm out maybe three years, and that's point blank. It's the storage tanks that you guys have previously approved. That's based on failure. MR. KUHL-They're approved, but you're not putting them in until they fail? MR. CLUTE-Well, it's actually the last thing I can do on the site anyway. That would be right in the way of everything, but it is based on failure, and that's essentially what I'm riding on right now, and it isn't going to, to be honest with you, the septic systems really probably won't last three more years. It's really creeping through. MR. KUHL-Does that approval have an open end, or does it have a time? MR. OBORNE-Well, one would think, but discussions with the Building and Codes Department, which Larry has been in contact with Dave Hatin on this issue, there is no sunset provision provided by the Board of Health on this variance. MR. KUHL-They just want him to do it, but it's open ended? MR. OBORNE-Yes. They did not put a condition of a time limit or anything on it. 11 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-Can we condition the approvals that are in front of us with having those? I mean, I don't understand why we wouldn't do that now before we agree to all these new grassed areas and permeable grass parking and all that other stuff? Why wouldn't we tear the site up, get the worst construction done now, and then do the top grade and be done with it? MR. OBORNE-That's a question for the applicant at this point. MR. JACKOSKI-By the way the siding in the front on the Cleverdale side looks great, and the stonework. MR. CLUTE-You did happen to see it? MR. JACKOSKI-Well, the pizza even tastes better. MR. KUHL-It was surprising. It looked like a new house. MR. JACKOSKI-Yes, if only you could get the other three sides and it could all be the same color. It would be great, but we're getting there. That's good. Got Cleverdale Road, that's good. MR. CLUTE-Absolutely. MR. JACKOSKI-But we are concerned. I mean, there's the heavy use here in the summertime, and these septic systems up there. MR. CLUTE-This one we're monitoring very close. I mean, it's what I do for a living, and I'm not gambling. We pump this about once a month, and the system is functioning, but it's been teetering, essentially, since I bought it, but it has been functioning. Like I said, I give it, max, three years. It just, I don't think that it'll make it that time, but I don't have that, you know, per se, as a scheduled item, but it would be the last thing that I do because it essentially is the whole top side. I've got to dig up that whole top side. So it would be the last thing I do on that project, or I'd like to say it would be the last thing I've got to do on that project, but it's the last serious excavation that I'll do. It's the outside of the perimeter. I'm trying to concentrate on the building. MR. UNDERWOOD-What were your original circumstances why you had to go in to the Board of Health? Was there some finite reason, or was that just something you did on your own out of the blue, or I mean, you must have done it in anticipation of that it was going to fail? MR. CLUTE-No, it was suggested to me in a very strong way that the storage tanks would be a widely accepted choice. So that's a proposition that was put in front of Queensbury. MR. JACKOSKI-Where's the dumpster on the master plan? MR. CLUTE-That's up on the top side. MR. CENTER-It's near, to the west of the garage area. It does show on the master plan, would be 49224-1 of the previously approved submission. That's where the dumpster area. MR. JACKOSKI-So I'm looking at the mod. MR. CENTER-Yes, this the, the modification, I tried to keep that to green space and permeable area only and what we were changing does not. MR. JACKOSKI-What else is on the master plan that's not on this mod plan? MR. CENTER-The master plan has all the absorption system location systems, or not absorption, I'm sorry, the holding tank locations, and the entrance on the north side where the ramp is located. MR. CLUTE-There's a handicap ramp that I have to put in, the pad for the dumpster. All that's on that, all that's on that map. MR. JACKOSKI-I just wanted to make sure that this wasn't superseding, you know, this was not taking the place of that. MR. CENTER-No, sir. This is strictly in regards to the patio and the permeable pavement and the erosion and sediment control for that. 12 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-Because the three arborvitae that are I think right at the four foot mark, are looking a little skimpy. Now that they're in, they really don't do anything for your project. They certainly aren't providing any buffer or, you know, privacy. I mean, they're kind of small. I mean, I think if you look at them they're. MR. CLUTE-1 was trying to stay to the four foot height. Arborvitaes being what they are, they'll be four foot by the end of the season. If I leave them alone, they'll be six foot by the end of next season. The intent is to keep them cut down, no higher than the four foot fence that's right there. I had talked to John, anything I do on that property line I really try to communicate as much as I can with John that neighbor, and also that line of sight coming off there. That's where I got concerned. That's how this darn patio came into play. Up on that top side, I get concerned with the traffic and out of there because it's so tight. So I was kind of questioning how far I should go out towards (lost words) and stop that line. MR. JACKOSKI-But if you're concerned about how tight traffic is there with that arborvitae area and all that other stuff on Mason Street, which isn't as heavily traveled as Cleverdale Road, why is the fence coming so far out to the Cleverdale Road without the arborvitae on that end also? MR. CLUTE-The Cleverdale Road side, you may be under the impression it's more traveled on Cleverdale. There's more cramming going up on Mason than there is on Cleverdale. MR. JACKOSKI-Cramming, I agree, but we're traveling much slower there than we are on Cleverdale Road. MR. CLUTE-Right. MR. JACKOSKI-So, I mean, I pulled in today into spot number ten-ish, you know, trying to, you know, people backing out onto Cleverdale Road, they're definitely moving on Cleverdale Road, versus 10 to 12 miles an hour on Mason. MR. CLUTE-Right. It's more lit on Cleverdale than it is on Mason. Mason's kind of dark, and then we also, we employ park three wide coming off of the six foot fence, moving north on the Cleverdale Road parking lot, so it forces our guests further into the parking lot, increasing that line of sight, if that makes sense. MR. JACKOSKI-I understand. MR. CLUTE-Okay. MR. JACKOSKI-That fence does feel a little bit close to the road. MR. CLUTE-So you recommend that I talk to John? MR. JACKOSKI-I also know your neighbor. I mean, now there's a lot of stuff on the neighbor's side of the property in their yard against the fence. MR. CLUTE-Right. MR. JACKOSKI-So it's kind of interesting now all of a sudden that that side's looking over used. MR. CLUTE-Right. MR. OBORNE-If I could, I want to make sure that we all understand that you are here for four variances, not three. You are here for four. You cannot have a privacy fence within the front yard. That's the one other variance. MR. CENTER-That end of the fence is 20 feet from that property line. MR. OBORNE-As long as it's within the front yard, that can't encroach into it. That's why we're here. We're here to get the relief for it. MR. CENTER-Okay. MR. OBORNE-1 see on the plan I see it says four to six foot high vinyl stockade fence. MR. CENTER-What revision are you looking at? MR. OBORNE-1 am looking at, well, actually this is the December 2011. So it's the 4/15/12. 13 (Queensbury ZBA Meeting 06/20/2012) MR. CENTER-The May 23rd one that we revised shows 30 linear feet of four foot high vinyl stockade fence which starts 20 feet off the southwest corner and continues on down to the end of the, or to the patio where then it turns into 73 feet of six foot tall vinyl fence. So we did make that modification. MR. OBORNE-Right. Then you're here for style not height, then. You can't have a privacy fence. That's a solid fence, within the front yard, but four foot's fine. Okay. MR. CENTER-Okay. MR. JACKOSKI-Are there any other questions from Board members at this time? MR. CLEMENTS-1 have one. Larry, maybe you could explain to me. I was on Cleverdale Road looking in the parking lot there, and as I looked up over on the right hand side towards the garage, which is on this other piece of property here that seems, that's owned by you, there were some picnic tables up there. Were those picnic tables within the property lines of the San Souci property? MR. CLUTE-No, they're actually on the Chalet's property. MR. CLEMENTS-They are? MR. CLUTE-Yes. MR. CLEMENTS-Okay. Are they being used for the San Souci property? MR. CLUTE-1 wouldn't say that, we don't deter them. That's where the smoking is, if that makes sense. I don't deter, that's the only smoking is out there. MR. CLEMENTS-Okay. MR. CLUTE-Am I saying please use this patio? No. We don't use that for, like that patio we put in, we don't encourage people to go to that, that's where the smoking is. So if they come down to those picnic tables and use them, we don't discourage it, but we don't encourage it either. MR. CLEMENTS-Okay. MR. OBORNE-And you're not serving anything out there on those picnic tables. MR. CLUTE-No. That's all the smoking is right there. MR. GARRAND-I notice that in one of the write ups it said that you didn't plan to serve food out on the patio. MR. CLUTE-No. MR. GARRAND-How about beverage? MR. CLUTE-No. MR. GARRAND-What will happen when people do to go but sit on the patio. MR. CLUTE-No, beverage only. If they pick up a drink, we'll give them a plastic cup. If they're waiting and they want, their kids want a soda or something or whatever, that would be the intent, but they'd pick that up at the bar and hand carry that down themselves. MR. GARRAND-So there will be beverages out there? MR. CLUTE-Plastic, yes, to drink, yes. MR. GARRAND-Will it be table service? MR. CLUTE-No. That's what I'm saying, it's got to be picked up at the bar. We won't be doing any running down to that patio. MR. OBORNE-For those Zoning Board's edification, those tables that are out there have been counted towards their parking requirements. So, but he's saying he's not serving it, well, then that's his choice. 14 (Queensbury ZBA Meeting 06/20/2012) MR. GARRAND-Okay, any other discussion or questions for the applicant at this time from Board members? We do have a public hearing scheduled for this evening. Is there anyone here in the audience who'd like to address this Board concerning this particular application? If you could identify yourself for the record. Thank you. PUBLIC HEARING OPEN JOHN LA BOURR MR. LA BOURR-My name is John LaBourr and I live on Fox Road in Queensbury. First of all I'd like to thank you guys and women for volunteering your time. I've lived in the area my whole life and have been a patron of the San Souci for over 45 years. I've seen many owners come and go, and I can remember, can never remember any problems associated with the San Souci. At times you would walk outside and the smell of sewage would hit you in the face, and I think this is the only real concern that was ever at the San Souci. Larry Clute, Scott Parker and their staff have brought the San Souci to a new level of excellence. The sewage system has been corrected, and the inside is kept up to the highest of standards. The outside is coming along very well, and as you would expect, after all they are in the construction business. These people have had a very positive impact on Cleverdale, and they provide a great getaway place for the year round residents, summer residents and visitors. Please let them continue in their process of enhancing the business and making the area even nicer. MR. JACKOSKI-Thank you, sir. Is there anyone else here this evening? Mr. Water Keeper. CHRIS NAVITSKY MR. NAVITSKY-Good evening, Chris Navitsky, Lake George Water Keeper. We appreciate the time that Staff and the applicant have put into taking a look at the permeable paving. We appreciate that and we do feel that that'll be a benefit for the property and for the community. The discussion last month on construction schedule I think is important, and I would hope that something could be put into the record on this. Many times in the past other applicants there's been discussion on when things will be implemented and discussion at the Board seemed to get lost. If there could be something put in writing with this that could be tied to the variance, we would recommend that. Discussion on the wastewater treatment system, we do think, and I agree with the Chairman, that now is the time to do that, if you're going to be in the project site and doing construction, why wait a few years. June 15, 2009, when they got their variance, there was discussion with the Town Board that evening. Councilman Strough, so get back to the bottom line on the reason why you were going to holding tanks is because of building and the parking and the propane, you just don't have any room for a filtration system. Mr. Clute, there really isn't. So I think we need to get that system put in. Understand you may not want to do that now, but I think in the near future, if it's teetering, why let it totter. Let's get it right now and let's address that and put that in the record and make that a condition of approval. We also support any additional tree planting that could be put on there. The site is in non-compliance with permeability. Any way that we can increase that, as per your Article 8 of your Chapter 179 we recommend. Stormwater management, they're asking for waivers. We don't support the waivers. We think that you should get stormwater management to the maximum possible. We had discussions last month on restoring the soil underneath the permeable pavers. We had a brief discussion after and they said they'd contact to discuss that more. We had never heard from them, but we do think that that should be a condition also, to get in, rip up the soils underneath where these pavers are going. If they've been parking on it for years, it's compacted and it's basically like concrete. So putting in these pavers are a good thing, but we need to make sure there's porosity and organic matter underneath to promote the infiltration. So with that we think there should be some conditions with this variance if it's granted. Thank you. MR. JACKOSKI-Thank you, sir. Is there anyone else here this evening who'd like to? Yes, sir, please. CHARLIE MUNZENMAIER MR. MUNZENMAIER-My name is Charlie Munzenmaier. I live off of 9L for about the last 14 years, and I've been a patron of the Sans for most of that time, and since Larry and Scott have owned it, there has been a vast amount of improvements, and these improvements really make the place a nice place to go to and a nice place to visit and a nice place to be with friends, have a drink, that type of thing. So I hope you support what we would like you to support, and that is let these guys finish the project and make it as nice and as aesthetically pleasing as they can. So I hope you support it. Thank you. 15 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-Thank you, sir. Is there anyone else here this evening in the audience who'd like to address this Board concerning this project? Seeing no one else, is there any written comment? MR. URRICO-Yes, there's a few. "We Hal and Lynn Halliday support the San Souci in their renovation project. The Sans Souci is our neighborhood gathering place for food and beverage. They have established themselves as a great LOCAL restaurant. Their efforts to update their building inside and out have been done with expertise. Please allow them to finish their renovation project to complete their vision, as it will enhance the neighborhood visually. WE SUPPORT THE SANS SOUCI PROJECT HAL AND LYN HALLIDAY" "Unfortunately, I will not be able to be there in person next week, but I wanted to send my continued support for the Sans. We have lived in the Cleverdale area for the past 11 years and have found that the folks at the Sans are some of the most welcoming and friendly people you can meet. We have made many friends there and it really is a focal point of the community. It is the go to place for folks in the area who want to meet up with friends and family. When our family from out of state comes to visit, they love going there, great food, reasonable prices and great people. I know the Sans has been trying to improve their exterior appearance. I don't understand why our community leaders would not want to support and encourage a local business to look its best. It seems in these times when tax receipts have been going down, we would want to boost up our local businesses to enable them to put their best foot forward and encourage more people to come to their establishment. Ultimately, bringing in more tax dollars. In addition, the Sans IS a tax payer. They should have every right to update both their interior and exterior appearance. Please stop playing politics and just let them do what they do well, provide a great place to meet and eat at the same time, make it a pleasant place for the community to live around. Regards, Lisa Munzenmaier" "The recent work completed on the "Sans" is a welcome improvement to the neighborhood. It would be a much more attractive neighborhood property if the board would allow them to finish the exterior of the other side of the building and roof. The roof and the modifications to the side entrance will improve the handicapped access and further enhance the access for our friends and neighbors with disabilities. We continue to fully support the additions requested and appeal to the Board for their support. Respectfully, John & Tammi Aust" "Here you go, Scott. Good luck!" I guess that's the second page. "We have enjoyed coming to the Sans for many years and wondered by the improvements were not completed. Seems to us the Board should be able to approve the completion of this project. As new members of the community (we just moved here) we offer you our total support in your efforts and are willing to help in any way we can. Good luck, Barry & Sandy Franzino" "This letter is to express our family's support of the Sans Souci restaurant. The Sans has become a vital part of our local neighborhood community that provides a place whereby local residents can interact and enjoy great food and beverage in a quaint and informal atmosphere. The exterior improvements completed to date have been very well done and we hope the town will allow the owners to complete the proposed improvements as requested. We are confident that the Sans owners will continue to do an excellent job in their work and show continued sensitivity to the Cleverdale neighborhood location. Sincerely, The Michaels Family" "Once again, we probably will not be able to make the Town meeting regarding your proposed improvements to the Sans Souci restaurant. We will try to make the meeting though because we feel that your improvements to date have enhanced both the appearance of the neighborhood and the dining experience inside. Completion of the proposed work will, in our opinion, be compatible with the neighborhood, improve the exterior appearance, improve parking and continue to provide a dining and socializing spot for local and "destination" customers. Good luck with your application. We hope the Planning Board agrees with our feelings regarding the benefits to the neighborhood. Sincerely, Debby and Steve Seaboyer" "As reinforcement to my original support letter, l now restate the message below and add the hope that our town will recognize the advantages of the Sans to our entire community and will approve the renovations as ,presented by those representing the Sans on June 21, 2012 Jerilyn M. Howlett" "I live at 82 Mason Rd., adjacent to the Sans Souci. Stormwater drainage is a significant problem on the north eastern side of Mason Rd. down to Lackey Road. During a hard rain or snow melt, water streams down Mason Road from the Sans Souci parking lot (approximately 4500 sq. feet), then more water is accumulated from two paved parking areas (approximately 600 square feet each), goes past a vacant lot and usually exits down my driveway at depths of 2" to 4". At the end of the driveway it continues through my back yard and goes past my property line to a lot on Cleverdale Road. Two or three years ago that homeowner had to replace his basement concrete block wall because of the water damage. Accordingly, there is an immediate need to limit stormwater runoff on Mason Road. Sincerely, James R. Finnecy" That's it. MR. JACKOSKI-Okay. Thank you. So, Board members, we have heard public comment. The public hearing is still open. Should we poll the Board? Before we do that, does the applicant want to address any of the items brought up in the public comment period? MR. CENTER-1 think our revised plan has addressed, we've added five foot wide by twenty foot long planting beds along both sides of the patio, and also the, where the three arborvitae are, up 16 (Queensbury ZBA Meeting 06/20/2012) on Mason Road in the southwest corner, that will also be depressed and planted with rain garden style plantings. So we've brought those in as additional stormwater measures. MR. JACKOSKI-That is already depressed, right? MR. CENTER-Yes, and also in regards to stormwater, we waived the 50 year design requirement, but we did not waive stormwater management on the lot because we are getting stormwater retained within the permeable grassed and permeable crushed stone parking areas, which is greater than what was previously approved. Actually it's almost five times greater. So we have provided additional stormwater management on the lot with the (lost word) style management parking style that we've gone with. So in those regards I think we've done the best we can with the area that we have. It's very difficult, on these small tight lots, to try to get in trees, especially anything that's going to grow large, becomes an issue, but where we could do plantings we have added them, and tried to design them as stormwater devices also. MR. JACKOSKI-Okay. MR. UNDERWOOD-Are you accommodating any of your stormwater on your crushed stone areas with infiltrators or any kind of? MR. CENTER-No, it's all within the void area of the crushed stone. MR. UNDERWOOD-So it's just going to flow to there? MR. CENTER-Yes, and as part of the manufacturer's recommendation, as part of those systems, the soil is going to be, soil restoration is going to be performed and that's a note on both of the details for that. So when those are installed, there is soil restoration that goes on prior to installation of the crushed stone, and also the engineer has asked us to increase it from 12 to 15 inches for the volume of the stone storage area underneath all of the, the two grassed areas and the crushed stone parking area. MR. UNDERWOOD-Do you do that by just putting larger stone? MR. CENTER-No, we're increasing the depth. We're increasing the depth three inches so there's more capacity, and that, you know, is a fixture of the void volume from the added depth. MR. URRICO-What about what was suggested about the pavers? I mean, it seems like we're moving in the right direction here, but if it's not done right, it's like putting the permeable pavers over concrete. MR. CENTER-Right. We have added to the detail soil restoration. That will be performed. MR. URRICO-Okay. All right. MR. JACKOSKI-Brian, did you have a question or Ron? MR. KUHL-I just have one thing. Didn't we talk last time that you were going to come back with a sequence of events and present that? I mean, bottom line of it here, would you be against making that, you know, part of the record? MR. CLUTE-1 can put it on paper. MR. KUHL-I thought that's what we said last time and I thought your lawyer was going to work it up for you. MR. CLUTE-1 don't have it in writing, but I did communicate it because that was Rick's question, and so I did communicate a schedule. I don't have it in writing, but I can easily produce to Staff a letter with timeframes. MR. JACKOSKI-Would you be willing to put in the tanks by May of 2013? Before the next season? MR. CLUTE-November 2014? The reason being is I don't want to burden anybody with financials, but this thing is hogging money, and I already have it set aside, 25 to 50K a year, that's when I'm done with it, and that's what I'm anticipating. The last expense is the storage tanks. So if I'm being asked for a committed date on the storage tanks, I would like Fall of 2014, two years, and the septic system will make it that two years. There's been no, when we inherited this place, the Collins' boys abused this system. It was bubbling up in the parking lots. You've heard that people smelled it. There's none of these issues are happening. None of 17 (Queensbury ZBA Meeting 06/20/2012) them. The septic system is functioning fine. I monitor it personally. Scott monitors it personally. It's teetering, but there are no issues. There's no bubbling up. There's no smell of septic. It works fine. I can commit to a two year. If you'll allow me the two year, and not summer, please, Fall. MR. CLEMENTS-Could you tell me what your definition is of a failing system? MR. CLUTE-When it doesn't absorb anything anymore. MR. CLEMENTS-Aren't you on holding tanks now? MR. CLUTE-No. It's a Ieachfield system. MR. CLEMENTS-But you're going to put holding tanks in? MR. CLUTE-That's exactly, yes, what (lost words)which is on your master plan. MR. CLEMENTS-But you're pumping out once a month you said? MR. CLUTE-No, we pump out memorial, we pumped out Memorial Day, and we pump out at the end of the season. We monitor it, if it seems like it needs it MR. CLEMENTS-You're monitoring it each month? MR. CLUTE-Yes, sir. MR. CLEMENTS-Okay. I misunderstood that. MR. CLUTE-And if by chance it needs it, then we pump it, IBS, sorry, comes to pump it, but the system is functioning. There's a high water table there. The soil conditions are, they are what they are. There's high, we do have, that's why the stormwater is so important, but we've monitored, I've been monitoring this very closely, and it's the last thing I honestly want to do on the site. MR. JACKOSKI-How big is the current tank? MR. CLUTE-1 want to say it's a 20, but I don't know, Steve. We've never fully excavated it. I know it's larger than 1,000. 1 think it's a 1250 because I don't believe it's quite, a 15 is an entirely different monster, so I think it's a 1250 that's in there now, and I want to say there's 200 feet where the leach, but I don't honestly know that either. I don't know what the leach. Nobody has any record of it. MR. CENTER-They also had, when we were talking, during the holding tank, to the Town Board of Health, they also have a grease reclamation system, where the grease does not get to the absorption system, and that is a big saver on an absorption system. So that is probably one of the reasons why it hasn't failed is because when these guys came in they did set up a system to where they reclaim the grease before it gets out of the building. MR. CLUTE-We addressed water, sewer. These are one of the first things I did when I got the building. It's just an absolute, I have no idea how much you know about the Sans, but it was an absolute mess, and a lot of the stuff you just can't see. We started right off the bat. Septic was one of them. We put in a grease trap. Took a lot of the strain off that system, got the water system out of there, put a new water system on in. So we started with a lot of the infrastructure, but even with the improvements we've put on what's going on to the drainage, that septic system is, it's functioning, but just barely, and it is functioning. MR. UNDERWOOD-What was the original date that the original one was put in? There's no idea? MR. CLUTE-1 have no idea. MR. CENTER-Yes. When 1, there's no record of it. MR. CLUTE-It's a concrete tank. MR. CENTER-It could be as much as a seepage pit, you know, as a drywell. MR. JACKOSKI-Are they all low flow toilets? 18 (Queensbury ZBA Meeting 06/20/2012) MR. CLUTE-No, not right now. They're the old ones. That's part of my March improvements. I've got to put in handicap baths and extend that kitchen. The addition's on, but none of that improvement has been done to the inside yet, and that's happening in March, and in March the handicap low flows will be in. MR. JACKOSKI-Any other comments at this time from Board members? Okay. I'd like to keep the public hearing open and poll the Board, and we'll start with Jim. MR. UNDERWOOD-I think it's important for us to look at the overall picture here, and I think everybody on the Board would be supportive of what you've done to date and what you intend to do in the future. However, I think that we have to keep in mind that in this instance here, failure should not be an option. You know what I mean? And I think you understand that, too. The thing could fail tomorrow. Where would you be? You'd be out of business until you fixed it, and I think it's important for us to set reasonable parameters. We have restaurants located all over Town. You're in a very unique situation. You are in a Critical Environmental Area. I think that the Boards have been quite understanding throughout the whole process as to what you intend to do and what you would have promised us to do. At the same time, I think that there's a credibility issue here at hand, and that is how much is a reasonable length of time? And I think everybody understands cash flow and things like that is very important to your business being successful in the long term, and I think that you have a summer ahead of you that's going to be very busy and that's your time to make money. I think I made the suggestion last time that during the shoulder seasons when we're in that in between time, there really is no time that the Sans is not used or utilized by the neighbors. I think that we all recognize that, too, but at the same time, I think we should put some parameters, and 2014 seems overly generous to me, and I think that, you know, if we go back and we look at the years that have gone by since the initial concerns about the septic system, back to '08, you know, we're in a situation here now where I think that we can put some teeth into what we're requiring you to do, and I think that, you know, if it means that you have to shut down for a couple of weeks to do it, you know, in the Fall, and a couple of weeks in the Spring, there are times of the year when things are pretty slack, and I think everybody recognizes that with the restaurant business, and I think that we could put a one year, 365 days from now, that this project should be completed by. I realize that may be somewhat of a burden on you as a business, but at the same time I think it's important for you to follow through, and I think that by procrastinating and saying, well, we can't do this until 2014, I think there are times when you do have to stand up and do what you're expected to do, and I think this is one of them. I don't have a problem with the relief that you're requesting, as far as the issue goes here, but I think that the septic thing really is the key to the whole thing, and I think that's the most important issue. Certainly in the past it's been an issue. It's not an issue now because you seem to be maintaining the system at basically a tread water level, but to go down for the count any time in the future, and I don't think, that said, you know, I would want you to start tomorrow on the project or anything like that, but I think come November you could do it in November this year, you know, even if it means it's going to be a burden, but I don't know how the rest of the Board members feel, but I think that, you know, it's time to just get it done, you know. MR. CLUTE-I'm hoping you understand, it's not just the obvious. This was just an absolute mess, and I can't say it anymore clearer than that, and it's a balancing act, and I have a ton of work that I'm trying to get accomplished to the inside just for the place to function there, too, and it may seem that it's procrastinating. It is not. There is a ton of work that's being accomplished in there, and I can honestly only accomplish so much work on this site. As a prime example, I might seem like I've taken forever, but I can tell you for the last four years this is the first year that a Cifone sign actually got taken down on a house on the lakeside, and I'm a business. I'm going to tell you, I've got a lot more going on in this building than that did, and that was four years, and he's on the lake. So it's really, it's very difficult. This is what I do every day. It's very difficult to coordinate all the different things that go on on a rehab. New construct I'm probably the fastest you'll see, but on the rehab I'm really just so much here. So it is very, very difficult. I have a lot that I want, I've got to get to the interior. I've got to get somewhere into the interior, and that's why I say, I can come up with a pretty comprehensive schedule that will show you exactly, interior and the obvious, the exteriors. The exteriors are always the obvious, and I'll show you what we've got going on construction wise, and I anticipate, this Fall, an awful lot of work going on, and it's really the entrances. It's the building. MR. JACKOSKI-Okay. Rick? MR. GARRAND-Well, I'd like to put a condition on like November of 2014, but I also keep in mind that this is a pretty much seasonal business. It's not getting year round use. The septic system, as the applicant has said, is being monitored. I'd love to say, you know, get it done, get it done now, get it done this year, but, you know, I don't feel comfortable with that. I don't feel comfortable imposing that at this point. As far as the relief goes, I'm comfortable with that. 19 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-Okay. Roy? MR. URRICO-I'm comfortable with the relief, but I also understand the concern. I think we know that some of the project has dragged on probably longer than it probably needed to or was expected to, so that the history behind some of our variances already have some tracking that we've been able to follow, and if this is delayed any further, and the septic does not get put in per schedule and there is a catastrophe that happens, we're going to be the ones that have to answer for it because we had the opportunity, at this time, to do something about it, and I think before I approve anything I'd like to see the schedule. So if that means coming back one more time with a schedule in hand, I'd like to see that. MR. JACKOSKI-Okay. Joyce? MRS. HUNT-Yes. I have no problem with the relief, and I would go along with a time schedule, but I don't know that one year is enough time. I'm not sure. I agree with Roy. I'd like to see some kind of a realistic time schedule set up and see where we go from there. MR. JACKOSKI-Ron? MR. KUHL-Well, the applicant's here for Area Variance 26-2012, and I have no problem with the four variances he's asking for. If you think you can put the septic on, I'm here to do my job in 26- 2012. 1 have no problems with it, and that's where I'm ending. I did ask you, last time, for a sequence of events, and you didn't come with one, you know, shame on you, but I'm here, and I'll give you the four variances you're asking here, but the rest is up to you. MR. CLUTE-1 apologize. MR. KUHL-That's okay. No, no. MR. JACKOSKI-Brian? MR. CLEMENTS-1 really also have no problem with the relief. I am concerned about the septic system. However, I know that in previous years when I've been there there has been a septic odor and it's true that since I've been up there, since your ownership, I haven't had that, I haven't smelled that odor. So hopefully you are monitoring it. I'm concerned about it. I really would like to see a timetable for that being done, but again, I'm not going to ask for that. So I guess I would be in favor with some reservations. MR. JACKOSKI-I don't have any issue with the four variances. I think that they're needed. I think they're going to be an enhancement to the neighborhood. I think you're keeping the neighbors happy. There is a concern about runoff going down Mason Street. On the plans it does note that Timothy Collins is still an owner of the Chalet parcel? It says Larry Clute and Timothy Collins. I just was curious about that. It says Lands Now or Formally of Larry Clute Timothy Collins. MR. CLUTE-It's all Larry Clute. MR. JACKOSKI-Okay. MR. CENTER-Right. That's just not updated from the original survey, and that's only on the Chalet portion. MR. JACKOSKI-I saw that. I think that, you know, if the applicant was willing, this evening, to establish a date to complete the wastewater system by, and, well, Mr. Underwood has suggested 365 days from today, I think Mr. Garrand suggested something in 2014. Maybe if you would be willing to do it, you know, before the third season begins, so that puts you out to the Spring of 2014, 1 mean, get two more full seasons out of monitoring it as you are, and assuring no failure, but as soon as there's a failure, it needs to be replaced, and I think you've already agreed to that in the former matters. I mean, you know, I think this Board is just trying to protect the neighbors, protect the environment. Knowing that you're close to having a failure, as you yourself have said it's teetering, why are we going to let it totter? And knowing there's a deadline would really, I think, make it more palatable, but if you're not willing to give us that, as Ron suggested, you're here for those four variances, and I'd move forward with it, but I do recall that we did ask for a timeline before this evening. MR. CLUTE-1 was actually thinking that we were going to be discussing that. 20 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-We don't have any, I mean, that's your control. We're not, you know, we don't have critical (lost word) analogies and construction management skills. I mean, that's your, you tell us what you're trying to accomplish. MR. CLUTE-1 completely understand. When Rick asked me the question, I was pretty forward on schedule off the cuff. I can quickly and easily put it down into print if that's beneficial. MR. JACKOSKI-I just don't want to make you come back another from now. I'd like to see some of these things taken care of as soon as possible, and when are you going to do some of these things? MR. CLUTE-What's that? MR. JACKOSKI-What being on the table now is actually going to be done sooner than later? Is all this going to get done in the Fall? At the earliest? Well, the patio's done, I know, but after the fact, and the fence, yes, the fence is done, too. The fence is done, too, you're right. MR. KUHL-But you're closing down in March of next year. MR. CLUTE-That's for interior. MR. KUHL-Is that your low business? MR. CLUTE-It's about the lowest. MR. KUHL-Would you be against committing for March 2014 for the septic? MR. JACKOSKI-That's what I was suggesting. MR. KUHL-Yes. MR. JACKOSKI-That gives you two full seasons, and just before your third season, you get done with your septic. MR. CLUTE-I'm going to put some thought into it. Straight up, I'm really thinking Fall of 2014. 1 can absolutely commit to Fall of 2014. If I have to commit to something sooner, I actually have to put some thought into it, and what I'll do is right with the construction schedule, all of it, because it's not just a septic system. I have other things, too. So if you're asking me to consider, I can do that. I can't commit to it sitting in front of you right now, I can't do that. I can commit to November of 2014. That I can commit to. MR. CENTER-One of the concerns about installing those holding tanks in the Spring season would be rain, would be, you know, seasonal high groundwater issues. That is a concern. Fall would be the ideal installation time for those systems, because we have to get underneath them. We have to put in stone underneath them. It's a better, you know, you have that closer that time when you've had the summer. You've allowed the groundwater to go down. You get into the Fall, you're less likely to have snow melt. You don't have a lot of those issues. You could even work it in, you know, later into November during frost, and a lot of the holding tank systems that we do do up around the lake we try to schedule them, you know, in the Fall. That's usually when you have some lower groundwater. MR. JACKOSKI-The Fall of 2013? MR. CLUTE-It is extremely high on this lot. MR. UNDERWOOD-Have you done test borings out there to see what your water table is or how much inflow you've got? MR. CENTER-We did do some and it was around four feet. MR. JACKOSKI-So is it already causing an effect on the leach fields that are already there? MR. CLUTE-No, the leach fields are high. Where we start ending up with high, Cleverdale Road. MR. UNDERWOOD-It's kind of the same situation we had on Rockhurst over there, and I remember that one project when the removed the wall and it gushed for like two straight days like all the water in the whole point was backed up behind on that one project there and it was like the river. 21 (Queensbury ZBA Meeting 06/20/2012) MR. CLUTE-Coming out of last season, as Tom had stated, March, April, May timeframes, this is the highest water table. That's obviously the thaw, and down in our lower level, which isn't the septic. The septic's up on the higher level, but down on the Cleverdale Road side, that water is right there. Last year, with the conditions that we had with the heavy snow, it was even higher yet than the four foot that Tom was describing, and he's right. Typically septic systems of this nature you do want to try to avoid thaw. You want to put them, if you're in a critical area, you want to try to put them in to the Fall timeframes. That's typically your driest timeframes. MR. JACKOSKI-So if we don't approve these four this evening, what does that do for Staff in monitoring, and, you know, they can't use the patio. They can't use the parking the way it's all laid out and all that stuff. I mean, these are already built issues. They just sit? MR. OBORNE-It doesn't do anything for Staff. They're already utilizing all that right now. There has not been any action, there's not been any enforcement action. That's why they're here. If you do table them tonight for any reason, whatever reason it is, we'll have to table them at the Planning Board next month, which is, that's about the only effect it would have on Staff. MR. JACKOSKI-Okay. Well, I'm looking for advice on how to proceed from the Board. MR. URRICO-We should vote on the variances that are. MR. JACKOSKI-But if we turn them down. MS. BITTER-May I propose a schedule? I mean, Mr. Clute did describe a schedule earlier and we did document that. So I just want to reiterate it for the Board. Mr. Clute indicated he'd be willing to have it placed as a condition, so that it is tied in here. The south side exterior, it'll be completed the summer of 2012. The west side and entrance exterior, the Fall of 2012, the grass and parking improvements, Fall of 2012, kitchen and bath interior completion by March 2013, and septic system by the Fall of 2014. MR. JACKOSKI-I certainly can live with that, but it's up to the other Board members. Joyce? Jim? MR. UNDERWOOD-1 guess so. MR. JACKOSKI-Rick? MR. GARRAND-Yes. MR. JACKOSKI-Ron? MR. KUHL-Yes. MR. JACKOSKI-Brian? MR. CLEMENTS-I'm okay with it, but I'd like to hear some dates rather than just the Fall of. MR. JACKOSKI-Okay. MR. CLEMENTS-So if you could just put some dates in there, that would be good. MR. JACKOSKI-Yes, summer's kind of. MR. JACKOSKI-Now, remember, Mr. Clute, you're the fastest new home builder. So now you've got to be the fastest remodeler. MR. CLUTE-It's an education in itself. MR. URRICO-How long are the variances good for? How long do they have to finish the project or come back? MR. OBORNE-I mean, this is the cart before the horse scenario that we have here, all around on this project. They're required to pull a permit within one year after your approval. MR. JACKOSKI-And then they could basically renew that building permit for two years? MR. OBORNE-It's open until closed. 22 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-They could just keep renewing it forever? MR. OBORNE-They don't have to renew it as long as they open it. MR. JACKOSKI-Okay. Make sure you open your building permit. MR. CENTER-Okay. The south side exterior, August 30, 2012. The west side and entrance exterior, November 30, 2012. Grass areas and parking improvements, November 30, 2012. Interior kitchen and bath completion, March 31, 2013, and the septic system replacement November 30, 2014. MR. URRICO-Or sooner if necessary. MR. CENTER-Right, if necessary. Yes. MR. OBORNE-I'd like to clarify my comment on the permit. If it is not closed out within a year, in other words, if they don't have a CO. MS. HEMINGWAY-Right, you need to get a CO. MR. OBORNE-Right, you need to get a CO within a year of opening the permit. If not, then you have to renew. MR. JACKOSKI-And you only get one renewal. Correct? MS. HEMINGWAY-No. MR. JACKOSKI-It's a permanent renewal, you can just keep renewing? MS. HEMINGWAY-You can. MR. OBORNE-1 think that's up to Dave. MR. JACKOSKI-Dave Hatin? Okay. Fine. MR. CENTER-The second bullet should read west and north side and entrance exterior November 30, 2012. So that would be the north and west exterior. MR. JACKOSKI-Okay. So the applicant now has put forth a completion schedule that they're committed to. Would anyone like, first off, is the Board okay if I close the public hearing? So I officially close the public hearing. PUBLIC HEARING CLOSED MR. JACKOSKI-Would someone like to make a motion? MR. OBORNE-Keep in mind that whoever's making the motion that the four foot on the west side is not in play. It's just the style. MR. GARRAND-I'll make a motion. MR. JACKOSKI-Thank you, Rick. MOTION TO APPROVE AREA VARIANCE NO. 26-2012 SAN SOUCI OF CLEVERDALE, Introduced by Richard Garrand who moved for its adoption, seconded by Brian Clements: 92 Mason Road. The applicant proposes to modify approved site plan to include the removal of vegetation and the installation of permeable pavers on existing gravel parking spaces. Further the applicant seeks after the fact approval for the installation of a plus or minus 665 square foot patio with access deck and stairs to accommodate four tables as well as installation of a six foot tall, 112 foot long stockade fence along the south boundary. Relief required: side setback relief of 7.15 feet after the fact installation of stairs and deck leading to unapproved patio. Number Two, expansion of a nonconforming structure. Number Three, front east fence height and style. The request is after the fact for two feet of fence height and style along 28 feet of architectural front placement of six foot tall vinyl stockade fence. On the balancing test, whether an undesirable change in the neighborhood will be produced. At this point the applicant has given us a timetable. We have a plan of action for getting the project wrapped up. I don't foresee any detriment to nearby properties. Whether benefit sought by the applicant can be achieved by other feasible means. Offhand I don't know. I don't know how other benefits can be achieved. 23 (Queensbury ZBA Meeting 06/20/2012) Whether the request is substantial. I would deem this as moderate. From a quantitative standpoint I think it's a moderate request. Whether the variance will have adverse effects on the physical or environmental conditions of the neighborhood. The applicant has also outlined a timetable for replacement of the septic system and he will also monitor said septic system for failure in the meantime. If it does fail, I believe he agreed to replace it. With respect to the plantings and the permeable pavers, I think it'll have a positive effect on the neighborhood, given what was previously there. Is the alleged difficulty self-created? I think most of these difficulties were created before the applicant bought the property. So I move we approve Area Variance 26-2012, with the approved timetable outlined by the applicant. Duly adopted this 20th day of June, 2012, by the following vote: AYES: Mr. Urrico, Mrs. Hunt, Mr. Underwood, Mr. Kuhl, Mr. Clements, Mr. Garrand, Mr. Jackoski NOES: NONE MR. JACKOSKI-Congratulations, and let the patrons know we're not against the project. MR. CENTER-Thank you. MR. JACKOSKI-Do any Board members have any further business to bring in front of the Board this evening? Mr. Salvador has requested some time in front of the Board, if he would, we'd like to give him a few minutes. Mr. Salvador. JOHN SALVADOR MR. SALVADOR-Is this being recorded? MR. JACKOSKI-Yes, we are still on. MR. SALVADOR-1 would like this to be recorded. I'm here tonight to present to you and to file with you an application for an appeal, and I'm doing this because when I try to do this through the Community Development Department, it gets stonewalled for a lot of reasons, and I don't think it's proper, but I will leave it with you directly and I have a copy for them also. This project is one that has not been before this Board, and that's what makes it a little bit difficult, and without arguing the merits of the appeal, I'll try to outline for you what's been going on. In any case, I answer Question Number Eight in this Notice of Appeal. This application is for an appeal of the Zoning Administrator's wrongful interpretation that Town Code Chapter 179, as it relates to accessory structures, allows an applicant to seek an after the fact variance from the Town of Queensbury local Board of Health for an accessory use as defined in Chapter 179, involving an accessory use structure which was put in place in violation of Chapter 179, Section 179-5- 02013(3), and I attached for the evidence as to the timing of this whole thing, the Resolution Setting a Public Hearing for Sewage Disposal Variance Application of Diane Matthews. This deals with a Class A Marina application that was before the Planning Board by Miss Diane Matthews. A little bit of history on the project. Apparently the applicant was cited for a violation by the Lake George Park Commission. My firm belief is that they had extended a dock without permit, and they were forced to take it out, and I don't know what else transpired with regard to that violation, but they took a long time in trying to come to grips with what they were going to do, and they decided what they wanted to do was operate a Class A Marina from this particular parcel, and they made application to the Park Commission for that. The Park Commission I guess held their permit in abeyance pending approval by the Town of their application. It came to the Town, and it went to the Planning Board for a Special Use Permit to alter a dock and get a Class A Marina permit. The Planning Board approved the Class A Marina permit based on the applicant furnishing restroom facilities because they weren't available on the site, furnishing restroom facilities at their Marina, the Castaway Marina, which is two miles down the road. That was their proposal to meet the requirement that they furnish restroom facilities as a Class A Marina. Actually all Class A or Class B Marinas have to do that. The Planning Board accepted this. Our Planning Board approved the Special Use Permit for them to offer their boating clients restrooms two miles down the road, and that went back to the Commission. That went back to the Commission with a special letter of support from our Zoning Administrator stating that they had gotten the Special Use Permit. I guess the Commission couldn't believe what they were hearing, but in any case, they conditioned, the Commission conditioned their approval on the applicant's furnishing a port-a-john on site, a port-a-john on site in lieu of this two miles down the road. So the applicant proceeded to put in the dock, open the Class A Marina and put the Aort- a-john on the site, and I guess somewhere along the way they were cited by the Town because it's not allowed as a permanent installation, a port-a-john, it's not allowed, and so the Zoning Administrator determined that they would have to get relief from the local Board of Health for making a port-a-john a permanent installation as opposed to just a temporary use, and there are 24 (Queensbury ZBA Meeting 06/20/2012) some very specific temporary uses allowed for port-a-johns in the Town. This is not one of them, and that went to the Town Board this past Monday night, that went to the Town Board, and of course I was present and I did testify. One thing that I took the trouble to mention to the Town Board, and this is something that the Planning Board should have been fully aware of. I mean, I spoke to it at the Planning Board meeting. Our Town Code regulations refer to the Park Commission regulations. They're locked together, okay. You can't get a Special Use Permit until you conform to Part 646 of the Park Commission regulations, all right. The Park Commission regulations require restrooms, plural, including toilet facilities are required for use by customers which shall be available at all times May 1St through October 31St of each year. The use of the term customers implies commercial activity. Okay. A Class A Marina is in the business of either selling services or renting facilities, okay. Those are commercial activities. As such, they're required to meet the commercial regulations. Restrooms, plural, implies a him and a hers, okay, including toilet facilities, hot water, cleansing facility, drying facility, okay. Sanitary facilities for the women, okay. Would you expect your wife to use a port-a-john that's just been used by an adult male? That's not to be expected, but in any case, the Planning Board, excuse me, the Town Board did not approve this facility, this application, but talked about the applicant doing something, and, well, Keith has left. He knows more about that from there because they've got an application in, now, to the Planning Board for something, I don't know what it is, but they've got to do something about their facility to make it compliant. MR. JACKOSKI-Okay. So, Mr. Salvador, what are you appealing to us? MR. SALVADOR-Well, I can't, without going into the merits. MR. JACKOSKI-I mean, you're going to give us, but quite frankly I think we should receive the appeal, if you're going to make us receive this appeal, give us this appeal. Let us digest it. Let us speak with legal counsel, and then, you know, the proper way to handle this would be to have the Board have the actual appeal and be able to do our, you know, our part, and then listen to additional comment from you and/or the public and anyone else. So if you could, if you're going to give us this appeal, give us the appeal and then we'll move forward. MR. SALVADOR-1 will do that, and I'll clarify the. MR. JACKOSKI-At this time, I think, you know, you asked us for a little bit of information this evening. We can't possibly absorb all of this unless we have the documentation in front of us. So if you could, give us the appeal, and then you did say you had another topic to discuss. MR. SALVADOR-The crux of this appeal is the Town Code is specific, with regard to accessory structures. No accessory structure may be erected without a principle structure and/or use. Period. Now if we allow anything, what's going on with this Class A operation, you've got an accessory use of a boat dock. You've got a. MR. JACKOSKI-Did they just construct this? MR. SALVADOR-It's all done. It's in operation. It's rented. MR. JACKOSKI-But was it just recently constructed? No accessory building will be constructed. MR. SALVADOR-Yes. It's done. MR. JACKOSKI-I understand it's done, but was it recently done? Or has this been in place for a long time? MR. SALVADOR-No. MR. JACKOSKI-This is brand new? MR. SALVADOR-Within the last two months. MR. JACKOSKI-All brand new activity? MR. SALVADOR-Yes. Dock, boat dock, operation marina, and the port-a-john. MR. JACKOSKI-Okay. If you could give us the appeal as you've said you've filled out. Next item. MR. SALVADOR-Okay. 25 (Queensbury ZBA Meeting 06/20/2012) MR. UNDERWOOD-So I would think the issue would be if you have a blank piece of waterfront residential property and you apply for a Class A Marina permit, you wouldn't be allowed to do that without a principle structure being on their site previous to the application for the marina? MR. SALVADOR-Yes, according to Town Code. MR. JACKOSKI-Right. So until we get all the details, we're not going to make any judgments until we get the documentation. The next item, sir. MR. SALVADOR-Yes. This concerns the cell tower, and I really don't know where to go with this from here, but the Town Code. MR. JACKOSKI-Just a moment. Is this another appeal? MR. SALVADOR-This is not an appeal yet. It's not an appeal yet, and I don't know if it's appealable to this Board, okay. MR. JACKOSKI-So what would you like us to do for you this evening on this? MR. SALVADOR-1 would just like you to listen to me for a couple of minutes, okay. MR. JACKOSKI-But we've had public comment at the Town level. We've had public comment at the Planning Board level. MR. SALVADOR-It's done. It's been approved. It's done. It's approved by the Planning Board last night. Okay. I wouldn't be here if it was still an open issue. MR. JACKOSKI-Does the Board want to continue with listening to what's going on with the cell tower that we have nothing in front of us on? MR. UNDERWOOD-Give him five minutes. MR. JACKOSKI-Okay. Five minutes. MR. SALVADOR-Okay. Town Code has a regulation for telecommunication towers. It's specific for that reason. Okay. Paragraph C of 179 something, it talks about designated areas. Designated areas. Placement of telecommunications towers is restricted, it's restricted. It doesn't say they're allowed. It says they're restricted, to certain areas within the Town of Queensbury. These areas are as follows: Any light industrial area, any light industrial area, any heavy industrial area, or co-located, that means in with some other structure, co-located, okay, co-located on any property, any property, any other property in the Town outside of the two industrial areas. Co-located on any property where, one, a telecommunications tower or other tall structure over 50 feet in height exists. So you could locate that cell tower any place in this Town if you had an existing cell tower there, okay, or you had another structure of some kind 50 feet high. You would need. MR. KUHL-Another t.v. antenna, or an antenna. MR. SALVADOR-It says structure. Structure over 50 feet in height. Okay. MR. KUHL-Okay. MR. SALVADOR-Now, if they had that situation, they would not need any variances, would they? Wouldn't need a single variance. This application came to this Board for a Use Variance, a Use Variance, but why? Why? I pointed out to the Town Board in May, it's reported in the Post Star, I commented on this that it's not allowed on this lot, and Ron Montesi shot out, he said, well, he says, the water tank is 50 feet high, and I said, no, it isn't. The water tank is only 40 feet high. Now everybody up to that time thought that that water tank was 50 feet high. I happen to have been up on the site, and I can tell you from my experience, I can eyeball a tank and I can tell you how high it is. That tank is 40 feet high. So they should have gotten a variance from the requirement that they were not co-locating it on a site that had a structure less than 50 feet, and that hasn't been done. Now John Strough responded to me, when I said it's only 40 feet high, Third Ward Councilman John Strough said zoning does not apply to public land. He's absolutely right, and yet the distinguishing feature of this cell tower project up on West Mountain is it is public land. That's the distinguishing feature. Our Town Code is laid out for private property. Our Town Code 179 doesn't regulate public land. It regulates private property, and so there's really no place for any of this in this operation we call planning and zoning, and in any case, that has all fallen on deaf ears, but I think it would be appropriate to ask you to re-hear that project, but we'll take that. 26 (Queensbury ZBA Meeting 06/20/2012) MR. JACKOSKI-Thank you. MR. GARRAND-That should go before the Planning Ordinance Review Committee, the PORC. MR. SALVADOR-It must, yes. MR. GARRAND-It should. It should be included in the Code, what can and can't be done with public lands. MR. SALVADOR-It's not in the Code. The Code applies to private property only. Okay. It's not foreseen. The Town just put this atrium up, re-did this atrium. Did they get a building permit for it? Site Plan Review for it? They don't have to do that. Okay. MR. GARRAND-Some food for thought for the next Code revision. MR. SALVADOR-1 don't think you can. A Zoning Ordinance is not intended to regulate public land, okay. MR. UNDERWOOD-Thank you. MR. JACKOSKI-Okay. Thank you, Mr. Salvador. Any other Board member discussion? Can I have a motion to adjourn? MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF JUNE 20, 2012, Introduced by James Underwood who moved for its adoption, seconded by Richard Garrand: Duly adopted this 20th day of June, 2012, by the following vote: AYES: Mr. Kuhl, Mr. Garrand, Mr. Underwood, Mr. Urrico, Mrs. Hunt, Mr. Clements, Mr. Jackoski NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Steven Jackoski, Chairman 27