A regular meeting of the Zoning Board of Appeals for the Town of Moreau, Saratoga County, and State of New York was held at the Moreau Town Hall, 61 Hudson Street, South Glens Falls, NY 12803 on October 24, 2007 at 7:00 p.m.

The following Zoning Board Members were present or absent.

Gerhard Endal, Chair

Chester Joslin

Darrell Finlayson

Kevin Elms

James Hooper

None

F. Joseph Patricke, Building Inspector

Martin Auffredou, Attorney

The meeting was called to order at 7:00 pm.

A request of Peter Bondzinski of 77 Sisson Road, South Glens Falls, New York 12803 for a Special Use Permit pursuant to Chapter 149, Article V, Section 149-33 and the Schedule of Regulations for an M1, General Manufacturing and Industrial District. Applicant is proposing to construct a multi use building consisting of a two family dwelling and an adult day care business. This property is located at 236 Bluebird Road, South Glens Falls, NY 12803 and is designated as 50-2-100.3 on the Town Assessment Map.

Mr. Bondzinski: Since the last meeting, I have received approval from the Planning Board.

Mr. Endal: Do we have information from the Planning Board?

Mr. Patrick: No significant issues were mentioned.

Mr. Auffredou: I concur with that. A Special Use Permit is for the purpose of continuing public hearings. Special is subject to seeker. Understand that in order for public water to the property that there needs to be an extension.

Mr. Bondzinki: I was told that they had made a decision. I cannot do a well because of the sprinkler system.

Mr. Auffredou: You need an Out of District contract or something from the Town.

Mr. Endal: Is this an issue for us?

Mr. Auffredou: Not necessarily.

Mr. Endal: Would like this noted in the minutes.

Mr. Patrick: How can you issue a Special Permit without water?

Mr. Elms: I do not remember having this as part of it before? Do we have to put conditions in the permit if based on water?

Mr. Auffredou: Obvious point but nothing with the Zoning Board making a decision.

Mr. Patrick distributed copies of SEQR.

Mr. Auffredou: We are only required to go thru part 2. Lead agency is DBA. You need to sign the first page. We will go thru questions on page 11 of 21. These are impacts of air, land and resources known as long form. We don’t need to go thru every one.

Mr. Endal: Why are we doing long form?

Mr. Auffredou: My recollection is there was a question on something that doesn’t allow short form.

Committee reviews questions of impacts:

Unique or Unusual Impact - No

Action Effecting Water - No

Drainage, Flow, or Surface Patterns - No

Mr. Patrick: No, not if you believe storm water. 96" with no water.

Endangered Species - No

Mr. Patrick: Letter was submitted that there is no record of endangered species.

Non-Dangerous Species - No

Agricultural Resources - No

Mr. Patrick: Would like to go back a minute. Migratory things such as in the past have been bats. You would have that in the letter.

Astelic Resources - No

Site Constructions - No

Open Space & Recreation - No

Major Opportunities - No

Critical Environmental Areas - No

Affect to Existing Transportation - No

Fuel or Energy Supply - No

Objection Order of Notice/Vibrations - No

Mr. Auffredou: Noise only associated with construction but no more than any other construction.

Public Health & Safety - No

Character of Existing Community - No

Mr. Auffredou: Remember the idea of a Special Use is that a use. But because of the nature of the Use may affect the decisions of the Zoning Board. If Use is allowed because it’s by legislation you have to make a determination.

Mr. Finlayson: Anything to impact additional community service?

Mr. Endal: How many staff will there be?

Mr. Bondzinski: As many as 20.

Mr. Finlayson: What about sickness to the community?

Mr. Patrick: Well you can be sick at your home.

Mr. Finlayson: There will be more of an impact to police, fire departments and EMS?

Mr. Hooper: Have to disagree. We do not need to add staffing to EMS because of it.

Mr. Elms: I agree somewhat. There will impact to more on EMS, police, etc.

Mr. Finlayson: Would be small to moderate.

Mr. Auffredou: Then consider changing the question to yes.

Mr. Endal: We need to be careful. It has to be compared to a house.

Mr. Hooper: Motions to agreement of all questions answered.

Mr. Finlayson: Seconds motion.

Board Members poled in agreement of answers given on pages 11 of 21 of Seeker.

Mr. Joslin - Yes

Mr. Finlayson - Yes

Mr. Elms - Yes

Mr. Hooper - Yes

Mr. Endal, Chairman - Yes

Mr. Endal signs off of Seeker page.

Mr. Endal reads what Special Uses are. Any recommendations for the Planning Board on this?

Mr. Patrick: No conditions or recommendations that they though of. They negotiated some things on there end but nothing for Zoning Board.

Mr. Endal: You have enough parking for all the staff?

Mr. Bondzinski: Yes. Senior use has their own parking.

Mr. Endal: How about day care?

Mr. Bondzinski: Yes, parking will be available.

Mr. Endal: I’m satisfied. Town has no plans for that area?

Mr. Patrick: Correct.

Mr. Endal: Basically the water to condition that in. Then that would not be a problem.

Mr. Auffredou: Correct.

Mr. Hooper: The neighbors, The Dufours ask you don’t butt up against there property for future garage.

Mr. Bondzinski: We are that far. Could go on other side of property.

Mr. Hooper: Needs to be noted that Mr. Bondzinski is not going to go up against the Dufours property, he’s actually as far away as he can be.

Mr. Patrick: Best bet is to put a condition in so that the next building inspector sees it in there.

Mr. Hooper: Motion to grant #670 with the condition that there will be no more further building towards the East property line and water line.

Mr. Elms: Seconds motion.

Board Members poled to approve APPEAL #670 for a Special Use Permit.

Mr. Joslin - Yes

Mr. Finlayson - Yes

Mr. Elms - Yes

Mr. Hooper - Yes

Mr. Endal, Chairman - Yes

Mr. Finlayson: Just curious. If this didn’t work out, would he have to come back?

Mr. Patrick: Yes, would have to back with more details.

A request of Peter Bondzinski of 77 Sisson Road, South Glens Falls, New York, 12803 for an Area Variance pursuant to Chapter 149, Article X, Section 149-59(A) and Town Law 267-b. Applicant is proposing to construct a multi use dwelling on a parcel that does not meet the minimum lot area required for this use in a —1, General Manufacturing and Industrial District. This property is located at 236 Bluebird Road, South Glens Falls, NY, 12803 and is designated as 50-2-100.3 on the Town Assessment Map.

Mr. Patrick: Requires 2 acres but map shows 2.66 and the surveyor came back with 1.8.

Mr. Endal: Done anything to increase. Actually decreases for neighbor.

Mr. Bondzinski: Correct.

Mr. Endal: It’s a pre-existing undersized lot?

Mr. Patrick: Yes. For this you need to have 2 acres. The land behind it is contained by National Grid, neighbor, and Town Industrial.

The Board reviews the criteria for granting an Area Variance and found as follows:

1. There would be no adverse effect on the character of the neighborhood because this situation has existed for 18 years.

2. There are no other feasible means of achieving the desired benefit.

3. The variance is not substantial.

4. The Board did not identify any adverse environmental impact.

5. The difficulty was not self-created.

Mr. Elms: Motions to approve Area Variance No. 671 for undersized lot per intended use as per application with final survey that the applicant has agreed to submit.

Mr. Endal: Seconds Motion.

Board Poled to Approve Area Variance No. 671.

Mr. Joslin - Yes

Mr. Finlayson - Yes

Mr. Elms - Yes

Mr. Hooper - Yes

Mr. Endal, Chairman - Yes CLOSE public hearing at 7:50 pm.

A request of Robert Vittengl, Jr. Of Route 9 Autoworld, 1377-1387 Route 9, Gansevoort, New York 12831 for an Area Variance pursuant to Chapter 149, Article X, Section 149-59 (A) and Town Law 267-b. Applicant is proposing to erect a sign that will exceed the total square footage allowed in a C-1 Zoning District. This property is located on the west side of Route 9 and is 63.3-1-13.1 on the Town Assessment Map.

Mr. Endal: What are you here for?

Mr. Vittengl: Basically we have a Suzuki franchise and have a certain design and look. Signage on our building is coming down. Like to put new signage up. Mr. Patrick and I calculated and believe 197 sq. ft. off the building.

At this time, Mr. Vittengl displayed his colored photograph of how the new sign will appear.

Mr. Vittengl: The sign is fabricated by one company.

Mr. Endal: Is this one size?

Mr. Vittengl: Yes, the sign is made for us.

Mr. Elms. No more letting on the building.

Mr. Vittengl: The sign is ½ the size of the letters on the building.

Mr. Patrick: The maximum is 150 sq. ft., there at 197 and ask for 200 sq. ft. It’s still not significant.

Mr. Elms: It’s dressing up, looks nice.

Mr. Endal: We need to look at the variance. Once the variance is granted you cannot go back. Can’t keep granting a few feet every year.

Mr. Elms: Good point.

Mr. Vittengl: Pre-stated sign is just pushed ahead, part of the new look.

Mr. Auffredou: Time out. Sign variance, short form. Not going to be an issue but need to make sure that we follow the same standards as set for everyone else. This is not a lot line, this is a sign.

Mr. Patrick distributed a short form variance and questions were reviewed.

Questions 1-5 were all No answers.

Mr. Vittengl: Completes form and turns into Mr. Endal.

Mr. Endal: Would like to entertain motion for Area Variance.

Mr. Elms: Motions board to approve.

Mr. Hooper: Seconds motion.

Mr. Patrick: Going to be 16" higher than the building.

Mr. Vittengl: Would there have to be a variance on height to?

Mr. Finlayson: Could you cut out the legs.

Mr. Vittengl: There is a standard for this signage.

Mr. Hooper: I don’t think it’s a big impact.

Mr. Patrick: Well maybe not but it has to be discussed for issuing the permit.

Mr. Endal reviews Chapter 117. Maximum height of any sign shall not be extended.

Mr. Patrick: The purpose of the Zoning Board is so that the Building Inspector doesn’t make decisions on his own and then is questioned.

Mr. Elms: We have to make a decision.

Mr. Finlayson: Only that someone else can come in and want it. Where do we stop?

Mr. Hooper: He would have to change the scheme of his signage. That’s their Logo.

Mr. Endal: Large lot, low building design starts at ground and goes up from there.

Mr. Auffredou: Benefit to putting into the minutes that this is a long standing business.

Mr. Elms: I think it needs to be looked at how it looks and impacts the community. This is our job and it’s a case by case basis.

Mr. Auffredou: It’s a standard.

The Board reviewed the criteria for granting an Area Variance and found as follows:

1. There would be no adverse effect on the character of the neighborhood because this situation has existed for 18 years.

2. There are no other feasible means of achieving the desired benefit.

3. The variance is not substantial.

4. The Board did not identify any adverse environmental impact.

5. The difficulty was not self-created.

Mr. Finlayson: Self-created. In my opinion because it’s created by a specific company it’s self created.

Mr. Endal: We’ve had disagreements in the past with McDonald’s.

Mr. Hooper: Motions to approve Appeal No. 679 with two criteria’s. To remove old sign and all 197 sq ft. to 210 sq ft. Also, allow sign to increase 16" over roof. Over roof due to design specifications of the Corporate sign as per our discussion.

Mr. Elms: Seconds motion.

Board Members poled:

Mr. Joslin - Yes

Mr. Finlayson - Yes

Mr. Elms - Yes

Mr. Hooper - Yes

Mr. Endal, Chairman - Yes

Motion carried & APPEAL NO. 679 is Approved.

The meeting adjourned at 8:25 p.m. The next meeting is scheduled for October 24, 2007.

Respectfully submitted,

Michelle Marlow

Michelle Marlow