1988-08-17
QUDIISBUltY ZO.I.Ø 80AItD OF APPEALS
Regular Meeting. Wednesday, August 17, 1988 at 7.30 p.a.
Present. Theoðore Turner, Chairman
Daniel Griff in
Jeffrey Kelley
Susan Goetl, Secretary
Michael Muller
Charles O. Sicard
Paul Dusek, Counsel Daniel Ling, Ass't. Planner
Mary Jane F. Moeller, Stenographer
Absent.
Gustave Behr
Chairman Turner called the meeting to order at 7.30 p.m.. Corrections
to the July 20, 1988 minutes are as follows.
Interpretation No. 43-1988, Pg. 5, Para. 1... utilies .. sIb .. utilities
Use Variance No. 1378,
Pg. 8, Para. 3. Jim Girard of .. s/b deleted.
Pg. 8, Para. 3. Mr. Girard .. s/b Jim Girard, Landscaper, ..
Pg. 9, Para. 5. .. to !Cubr icky .. s /b with Kubr icky.
Pg. 11, '4. .. draining .. sIb ..drainage..
Area Variance No. 1379, Pg. 13, Para. 2. ..The Turner.. sIb ..Mr. Turner..
Correction to the July 27, 1988 minutes is a. follow..
Use Variance No. 1388, Pg. 6, Para. 7. ..doctors and.. s/b ..doctors in ..
Mr. Sicard moved APPROVAL of the July 20 and July 27, 1988 minutes as
corrected.
Secondeð by Mr. Turner.
Pa.... U...~..ly
USI VARIAlCB 13", Adirondack Animal Hospital
Dr. James Glendening
Mrs. Goetz read a letter from Robert Joy requesting the Board to con-
sider a variance from the 10 ft. x 20 ft. parking space requirements for
the above-named applicant, who appeared before the Zoning Board of Appeals
on July 27, 1988 (Exhibit A).
After listening to the tapes of the ..eting, Mrs. Moeller verified
that, to the best of her knowledge, there was no indication that the Board
had addressed a specific parking space size other than to require fifty
1
(50) spaces, twenty-nine (29) were to be paved. Mrs. Goetz felt strongly
that the Board was remiss in not addressing this requirement in the Resolu-
tion.
Mr. Joy stated that the applicant is seeking a variance from the re-
quired 10 ft. x 20 ft. parking spaces to tho.e measuring 9'6- x 18'. The
reasons for that size are.
1) 10 ft. x 20 ft. space only has validity if there is 90· parking.
2) Providing 10 ft. x 20 ft. spacing would eliminate buffer space between
the neighbor, it would require 23' more parking area and would reduce
the number of spaces.
Mr. Joy advised the Board that there is a particular hardship. If no
deviation from the required spacing is allowed, it will be necessary to
cut down more trees, eliminate landscaping or eliminate parking spaces.
When considering 10 ft. x 20 ft., the 20 ft. is the problem as _pacing is
very tight. In reviewing the plan, SC-1, the driveway was reconfigured to
be made wider according to the New York DOT recommendations. Because of
that and the disposition of parking spaces, 9'6- ft. x 18 ft. parking
spaces were made as a compromise. The problem is a row of pine trees that
the applicant wishes to keep, and provision of a buffer space to leave
some vegetation in a field between the next door neighbor. If 20 ft.
spaces were to be required, there would be encroachment on a telephone
pole area, which would be a hazardous, or on the side setback. In the
Ordinance, 10 ft. x 20 ft. parking space_ are applicable for bumper-to-
bumper parking where there is no overhang and has to accommodate hectic
quick-day use, that type of parking is not applicable to the animal hos-
pital. With the compromise, there will still be the sam. number of park-
ing spaces, still the s..e disposition, and the parting spaces are further
back on the site.
Mr. Turner moved APPROVAL of Us. Variance Mo. 1388, Adirondack Animal
Hospital. Parking spaces will be as 9 ft. 6 in. x 18 ft. as shown on
Sketch SC-1, 29 spaces paved, with a requir...nt of 50 spaces. As pro-
vided in the Ordinance, green area will be provided to the rear of the
building, also as shown on the drawing.
Seconded by Mr. Sicard.
Passed Vnaat.o.slr
O1tD BUSIDSS
IRTB"IZTA~IOR BO. 42-1988
Harley V. Hermance, Jr.
2
The applicant
applied for comes
Variance No. 1372).
is requesting a decision as to whether or not the use
within the definition of Light Industrial (Ref. Use
In order to assist the Zoning Board in making a decision, Town Attorn-
ey Paul Dusek was requested to give a legal opinion on the matter, the
response was read into the record by Mrs. Goetz (Bxhibit B).
Mr. Hermance advised the Board that he is trying to find other alter-
native sites, however, he felt it was necessary to obtain an Interpreta-
tion and determination on Use Variance No. 1372, before proceeding else-
where. He does want to move from his present location, one possible site
is near the airport. However, consideration has to be given to roads,
utilities, sewers, water, etc. and the cost to be incurred.
Mr. Muller reviewed Counsel's legal opinion. Basically, the uses pro-
posed are an office, garage and storage facility. The office and storage
facility are allowed in the present zone (LI-lA). The garage is used for
maintenance of trucking equipment (ancillary use to the principle use) and
as a storage facility. He feels that probably Mr. Hermance does have a
light industrial use, because he is going to basically store (equipment)
and distribute materials. He feels comfortable about the fact that waste
has to be stored, when the Town dump is closed. Interpretation of legal
opinion is that courts will construe an ordinance in favor of the appli-
cant and against the municipality. Mr. Muller advised the Board to be cau-
tious because, once a decision is made in favor of the applicant that the
application is allowed in the zone, the Zoning Ordinance MUst be adhered
to strictly.
Counsel also felt that the following should be taken into consider-
ation, before a decision is reached. 1) Is it the intention of the Town
of Queensbury to purposely exclude Mr. Hermance's proposed use from the
Town? 2) Review the purposes of the light industrial zone. 3) The pur-
pose of the zone is indicated to service highway-oriented business. 4)
·Warehoused or enclosed storage of goods and materials- will be allowed.
As far as sewerage or septic disposal and rats are concerned, they would
be addressed by the applicable Boards of Health, whereas, the smell -would
seem to be more related to that of a nuisance as opposed to the zoning
ordinances in particular.-
In answer to Mr. Sicard, Mr. Hermance has verified that sewers would
be needed at the possible airport location, and his plans are to employ a
sanitary sewer specialist for any installations necessary.
William Nealon, Bsq., represented the neighbors and requested to com-
ment on the Interpretation.
1. The proposed site is surrounded by residences.
2. The highway on which the facility is proposed is barely above a dirt
3
road and could not handle trucks, there has been one application of
gravel and tar.
3. Materials that are being received and diapersed are covered in Article
17 of the Bnvironmental Conaervation Law, they are hazardoua, toxic
materials that have to be stored.
4. There are eleven neighbors that surround the proposed site. The Town
may have made a mistake in zoning the area Light Industrial, but the
residents were there before the Ordinance was passed and before the
proposal came before the Board.
5. Preservation and protection of the sanitary needs, the health and the
welfare of the population must be strongly considered. The zone will
be reverting to Residential by the terms of the proposed Ordinance.
Mr. Nealon feels Mr. Hermance's request is a heavy industrial use,
just as junkyards were rezoned heavy industrial use in 1983. He reminded
the Board that the Interpretation has to have a rational basis.
Mr. Muller moved in favor of a LIGHT INDUSTRIAL use for Interpretation
No. 42-1988, Harley V. Her..nce, Jr.. If we are required to strictly con-
strue the Ordinance in favor of the applicant, the proposed use is to con-
struct a building on-site that will include an office, include a storage
facility (for the storage of trucks, containers and other parta aasociated
with the business), there are also repairs and maintenance of the com-
pany's equipment (ancillary to the principle use which is storage of
trucks and containers). If that is the use, then we are in favor of the
applicant.
1) There is no other zone in the schedule of zones where there is a clear
intention to allow the use, and there is DO intention of this Town to
exclude the applicant's proposed use.
2) If this i8 a business that i8 oriented around receipt and di8bursement
of a service, that is a discretionary opportunity of the Board to give
some meaning to the language of Article 4.020-m PURPOSB. of the Zoning
Ordinance (Bxhibit C).
3) This is an area that has residences, the applicant and other owners of
the property, who are anticipating sale, are entitled to a decision of
the Interpretation. The decision has not been made lightly and Mr.
Hermance must adhere to all requirements of the Light Industrial Zone.
50 ft. setback of all improv..ents between hi. u.e and the residen-
tial use.,
meet all requirements of the Town Beautification Board in terms of
screening,
4
meet all Board of Health requirementa of sewerage and septic dispo-
sal,
no smells or other nuisances that would infringe upon other resi-
dences.
4) This is not a particularly good site for the purpose, this is going to
be a residential aone.
5) The zone requires that warehousing be enclosed storage of goods and
materials.
Seconded by Mr. Sicard
Denied 3 Yes (~elley, Muller, Sicard)
2 No (Griffin, Goetz)
1 Abstain (Turner)
1 Absent (Behr)
(Note. A majority vote of the seven [7] .ember Board is necessary, in
order to pass/deny the Resolution.)
Mr. Griffin moved that, since the applicant was turned down as a Light
Industrial use, the applicant is entitled to an Interpretation. The use
for Interpretation No. 42-1988, Harley V. øer.anc., should be shifted to
the HEAVY INDUSTRIAL use for the fOllowing reason..
1) propo.ed site is surround.d by residences,
2) road is very marginal and would not hold up to truck traffic,
3) it is doubtful that the smell and possible rats could be avoided, in
addition to possible rat infestation,
4) heavy industrial zone would be a better location.
This will provide an opportunity for the expanaion of heavy industry,
without competition with other u.. types such as reaidences (Exhibit C2).
This would promote the health, safety and general welfare of the community
and protect property values.
Seconded by Mrs. Goetz.
P....4 5 Yes (~elley, Muller, Sicard, Goeta Griffin)
1 Abstain (Turner)
1 Absent (Behr)
USB VAaIAlCB 10. 1372
5
Harley V. Hermance, Jr.
The application is for the construction of a garage (S,OOOt sq. ft.)
for storage of trucks, containers and parts on Sanders Road, W. Glens
Falls, LI-IA. Also, to repair truck. and container. on the premise.,
owned by R , B Trucking Co.
Mr. Muller moved DISAPPROVAL of Use Variance No. 1372, Harley V.
Hermanoe, Jr., as the applicant has failed to demon.trate any hardship and
that, with respect to this particular of property, the use suggested would
be detrimental to the adjaoent resideDces and would be detrimental to the
surrounding neighborhood.
Seoonded by Mr. Sioard
.a.... 5 Yes (Eelley, Muller, Sioard, Goetz, Griffin)
1 Abstain (Turner)
1 Absent (Behr)
The Board verified to Mr. Hermance that his business is now considered
Heavy Ind..trial. He asked for an opinion regarding other garbage con-
cerns, especially those who are working out of their home.. Due to the
Interpretation, Mr. Hermance feels that they are illegal in the Town of
Queensbury, cannot park their trucks at their homes and, by rights, have
no legal right to work out of their home., because they are heavy indu.-
trial, heavy equipment.
Mr. Turner stated that Mr. Hermance's aasumptions would be true, when
another disposal business considered moving to another site and came in
with the same proposal. Mr. Hermance stated, however, that they are still
heavy industrial, however, he was advised that he can stay right where h.
is. Mr. Hermance verified that he does want to move his business. After
further discussion, Mr. Turner and Mrs. Goetz reiterated to Mr. Hermance
that the Interpretation would affect other di.poaal concerns, if the com-
panies proposed to move to a n.w location.
Ilft'BDU'l'A'1'IOII 110. 41-lt88
Frank S. Hagelberg
Albany Telephone Company
The request is for an Interpretation that Albany Telephone Company is
in fact a public utility, and that its application should be treated in
the same Manner as last year's application by øYlBX Mobile Communioations.
Frank S. Hagelberg represented Albany Telephone Company. Mrs. Goetz
read a letter from the State of New York Departaent of Public Service re-
sponding to Ms. York's requ.st of July 25, 19.. for an explanation of the
6
commission's jurisdiction and authorization granted to the Albany Tele-
phone Co. regarding the cellular utility operation in New York State
(Exhibit D). To assist the Zoning Board in making a decision, Counsel was
requested to review the application (Exhibit E).
Mr. Hagelberg verified that the operation's site is the same as NYNEX,
with the exception of two areas. 1) exterior of the utility building will
be of concrete stone aggregate surface, and 2) the facility will be
fenced. Rega~ding the possibility of a Site Plan Review, Mr. Hagelberg
said he has reviewed that with Town Counsel, Planner and Building Inspec-
tor, there is no provision in the Ordinance calling for a Site Plan
Review, nor was there such a review for NYNEX. Because of t~e limita-
tions, Mr. Hagelberg offered to meet with Staff and Planning Soard on an
informal basis, and that he had previous co~respondence with the Town stat-
ing that Site Plan Review would not be needed.
Mr. Turner moved that Interpretation 41-1988, Frank S. Hagelberg/-
Albany Telephone Company, is that the use falls within the same realm as
the NYNEX Mobile Communications application. According to advice from the
Town Attorney and correspondence with the State of New York Department of
Public Service, this is considered a PUBLIC UTILITY, and the Zoning Soard
of Appeals has no jurisdiction.
Seconded by Mr. Xelley.
Passed ....t.Gusly
ADA VAltIAllCB BO. 1380
H. , S. Kaminski
R. , M. Suen
The application is for a proposed addition of a screened-in porch and
sun-bay on Rockhurst Road, LR-1A. The proposed addition will leave a
setback from the lakefront of approximately 50 ft.
Mr. Turner reviewed that this application was tabled from last month,
due to insufficient information regarding setback from the lake. A letter
from Donald Soyagin, Esq., was read regarding footage from the lake, there
was a sworn affidavit that the distance was 51 feet (Exhibit F). Mr.
Soyagin stated at the meeting that this was in error, the actual measure-
ment on the south side is 50 ft. 3 in., and that is the closest between
the proposed new construction and the lake. That distance is less than
the current, existing deck.
Mr. Griffin moved APPROVAL of Area Variance No. 1380, H. 'S.
Kaminski/R. , M. Suen. The applicants have demonstrated practical diffi-
culty, the lot is very narrow and there is no other direction to expand,
7
other than towards the lake. There is still a 50 ft. setback, even with
the addition on the southwest side, this is at least 12 ft. further from
the lake than the out-buildings of the neighbors on either side. The
dimensions of the two new additions must be as proposed on the plot plan.
Seconded by Mr. Kelley.
Passed Unanimously
USE VARIANCE NO. 1385
Clark's Used Auto Parts
Robert Clark
The proposal is for a junkyard on Sanders Road, LI-1A.
Mr. Garfield Raymond, Esq., reviewed that the last time the applicant
was before the Board the application was Tabled, because a lease was not
received from Niagara Mohawk. To date, no lease has been received. One
of the requirements from Niagara Mohawk would the installation of gates in
the fencing, which is to be erected across both ends of the property. The
reason for the use of the Niagara Mohawk property would be to transport
used cars from the existing junkyard to the back of the proposed site,
which is comprised of 1.53 acres. There will be no new roads or new acces-
ses on Sanders Road, the only access would be across Niagara Mohawk
property.
Without the lease, Mr. Raymond believes that the applicant is pre-
mature and requests that the application be Tabled one more month.
Mr. Turner
Parts, Robert
receipt of the
the information
moved to TABLE Use Variance No. 1385, Clark's Used Auto
Clark, for one month at the applicant's request, pending
Niagara Mohawk lease. The application will be withdrawn if
is not available within one month's time.
Sec~nded by Mr. Muller.
Passed Unanimously
NEW BUSINESS
AREA VARIANCE NO. 1390
Larry and Julia Farenell
8
The application is for the construction of a single family dwelling
(25 ft. x 44 ft. - exterior dimensions) on the present vacant land, UR-10.
The location is on the West side of Richardson Street.
Mr. Dean M. Coon, Esq., represented the project and verified that his
client contracted to buy a vacant parcel from Francis Giroux, measuring
approximately .338 acres of vacant land. The contract is contingent upon
the lot being buildable, a 25 ft. x 44 ft. single family dwelling. The
reason for the application is an oversight by the Planning Board in creat-
ing a two-lot subdivision for Mr. Giroux, where the minimum average width
falls short of the Ordinance requirement by ten (10) feet. There is 100
ft. of road frontage, 102.77 ft. rear lot line, ample room for the setback
and double the sideyard setback restriction, 21+ ft. on both sides.
Mr. Coon said that the practical difficulty is the lack of 10 feet on
the minimum average width, when the lot was created.
Referring to questions on Page 3 of the Application, Mr. Coon stated
for (1.) that 10 ft. is a minimal variation from the Ordinance require-
ments, (2.) this is a residential neighborhood and a 25 ft. x 44 ft. resi-
dence is being proposed, therefore, no effect of increased density on pub-
lic facilities is anticipated, there will be public water and the owner's
septic, (3.) no change in the character of the neighborhood, (4.) there is
no other method that could be used to alter the problem. Additional neigh-
boring land on the South could not be purchased, because of an existing
foundation, th. neighboring land to the North is very narrow. Mr. Coon
stated that the applicant is in compliance with all aspects, except the
average yard width. The house has an attached garage.
Francis Giroux, present owner, corrected Mr. Coon in that the land was
not subdivided by the Planning Board, it was subdivided under provisions
of the Subdivision Ordinance, without Planning Board approval. Mr. Turner
asked about the slopes and if they were more than 30·. Answer a The big
slope was excavated and there is more to take out. When the slopes are
further excavated, they will meet the requirements of the Zoning Ordinance
for maximum of 30·, with grass for stabilization.
Public Hearing Openeda
Hannelure Olshaka Neighbor to the West, Lot 112 on the Tax Map.
Mrs. Olshak stated she has been paying taxes on the subject lot since
a better part of 1964. The people from whom she bought her property also
paid taxes on the same property, at least 25 years prior to 1964. Just a
few weeks ago, Mrs. Olshak found out accidentally that the tax map had
been changed, she has been paying on 1.19 acres and it was changed to .86
acres. The cards that go with the Tax Map stated that the change was done
by research and boundary line agreement. There is no boundary line agree-
ment. Mrs. Olshak showed the old Tax Map and her summary of deeds, taxes,
purchases, etc. over the years. Further, she saw the first survey about
q
two to three weeks after the Tax Map had been changed. Deeds are from
1843 and 18? A survey written in 1900 shows (name not clear) owner of
Lots 9, 10 and 11. It is surmized that he sold all the lands as one par-
cel, with the exception of the corner. However, Mrs. Olshak hired Coulter
and McCormack, Land Surveyors, who could not find any verification that
she owned the land. Mrs. Olshak asked the Board why Tax Maps are changed
so quickly and again stated that there was no boundary line agreement.
She further explained that it is impossible for her to obtain pertinent,
unanswered facts, as the former owners and her husband are deceased, Mr.
Olshak did most of the transactions.
Regarding the slopes, for the past 15 years Mrs. Olshak has been
attempting to stabilize a sand slope on the East side of her property.
However, when Mr. Giroux excavated, line stakes were removed and there is
about a 10 foot drop-off. Prior to excavation, there were pine trees and
a good buffer zone from the traffic, etc.. Now the trees are down and
roots are showing.
There was further conversation at the dais. Mr. Giroux said that when
the survey was being done originally, the surveyors would have preferred a
boundary line agreement in the back, but Mrs. Olshak would not agree.
Nothing in the Olshak deed can be construed to give her ownership of the
entire triangle in question. Further he claimed that the Tax Map was
wrong from way back, which that does not give one ownership of something
that is not in the deed. Mr. Coon pointed out that Mrs. Olshak has not
presented any Title Insurance Policy indicating that the parcels are owned
by her, Mr. Giroux has a survey and title insurance.
After further discussion, the Chairman Turner advised the applicant
and Mrs. Olshak that the problem of the disputed boundary lines, deeds,
etc. is not a matter of the Zoning Board of Appeals, perhaps it is a Civil
matter.
Public Hearing Closed
Correspondence a
Department (Exhibit
steep banks.
A letter from Vic Lefebvre of the Queensbury Building
H) was read, regarding the ongoing excavation leaving
not
for
that
Mr. Coon requested the following be put into the record. -
aware of the fact that this did not go before a regular Planning
the Town, and tonight the information from Mr. Giroux is the
I am aware of the fact that it was not done that way.-
I was
Board
first
Mr. Kelley moved APPROVAL of Area Variance No. 1390, Larry and Julia
Farenell. Evidence has been shown that there is practical difficulty, the
lot has 100 ft. frontage and 102 ft. on the rear and it is not exactly 100
ft. the entire depth of the lot. This would be a minimal relief, and the
applicant can place the house on the lot and meet all of the setback re-
quirements. One stipulation is that all slopes must meet Town criteria,
10
that is, they will not exceed 30· and be stabilized to prevent erosion.
Seconded by Mr. Turner.
pa..ed Unani.ously
USB VARI~CB RO. 1391
Benjamin and Gertrude Kacenas
The purpose is to renovate the present second story of the garage and
to build an addition to the second story of the structure, to make an
apartment for the daughter and grandson. The location is the second house
West of Freihofer Distribution Plant on Cronin Road, SR-30.
Mr. Ralph Underwood, Builder, is agent for Mr./Mrs. Kacenas. Mrs.
Kacenas stated that her daughter and grandson (age 10 years) are presently
living in a family room in the downstairs portion of their present house.
Her husband is a diabetic and amputee, who needs constant attention. It
is almost impossible to keep up the property and take care of the neces-
sary medical needs, without the daughter being present. The reason for
the request is that the daughter and her grandson can have their own apart-
ment, yet be nearby for assistance. The present house is too small, one
bedroom, one bathroom.
Mr. Underwood was advised that this request means that there would be
two principle dwellings on one lot. Mr. Griffin reminded that the Regency
Park Apartments is across the road, SR-30, the approval was by Variance.
Mrs. Kacenas said that the lot to the west owned by the applicants is a
separate lot of record. The proposal is for a garage downstairs (exist-
ing) and an apartment upstairs, with a carport. The entrance to the apart-
ment would be from the exterior and covered, the exterior would be board
and batten outside. The septic system was new five years ago.
Mr. Muller stated that the Board empathized with the applicants that
there is a definite personal hardship, but that fact cannot be dealt with
as Zoning Board members. A hardship has to be shown that relates to that
particular piece of property. Presently, there is a house on the property
that is being used as zone, it would be difficult to show hardship. The
Board has consistently denied Variances requesting two principle dwellings
on one piece of property.
An alternative suggested by the Board would be to build an addition
onto the back of the house, however that is the site of the septic system
and the location of a back porch. Also, there is not enough room on the
east between the house and the brook, on the west side of the house is the
driveway. Mr. Turner offered the suggestion of adding onto the back of
the house, after the septic sy.tem had been tied into the Town sewer, he
11
felt a letter from the Town should be coming soon. The structure would
then be considered a duplex, would be allowed by the Ordinance and the
applicants would not have to appear before the Zoning Board. Mrs. Kacenas
claimed this would be financially impossible. Attaching the garage to the
house would be impractical, due to cost and that the present garage is on
a solid foundation.
Public Hearing Opened. no comment.
Mr.
Gertrude
perty is
turn.
Kelley moved DISAPPROVAL of Use Variance No. 1391, Benjamin and
Kacenas, because no specified hardship could be shown, the pro-
being used as zone and the property can yield a reasonable re-
Seconded by Mr. Sicard.
Passed Unaniaously.
USE VARIARCE NO. 1392
Stanislaw Kostek
Stan's Seafood
The application is for expansion of a pre-existing, nonconforming use
at 284 Bay Road, LI-1A. Size increase from 4,575 sq. ft. to 4,900 sq. ft.
(a 7. increase in gross floor area).
Agent, Wayne Judge, Esq., stated that the plans have been approved by
the Town and County Planning Boards and Beautification Committee with ex-
tensive conditions, with which the applicant is prepared to comply. There
have been objections regarding noncompliance with prior Zoning Variances,
one of the specific conditions in the Planning Board approval is that a
Certificate of Occupancy will not be issued on the restaurant until all
conditions are fulfilled.
Mr. Judge also verified that four parking spaces on the southern side
of the building will be a green area, with an option at a later time to
convert them to paved parking areas. This Variance is to cover an in-
crease to a pre-exisiting, nonconforming use, the Proposed Zoning Ordin-
ance would convert this existing site into a Commercial zone.
Curtis Dybas of Cushing' Dybas Architects reviewed the parking. The
Town Zoning Ordinance calls for 1/100 sq. ft. of gross area, or 49 spaces.
In addition, the Ordinance calls for one spaee for every two employees, or
seven spaces allocated along the southern property line. Regarding the
remainder of the proposed site, the basement will house mechanical equip-
ment and refrigeration equipment. The retail, wholesale and restaurant
12
business will be on the main floor. Mr. C. Dybas confirmed that, pending
approval, the building will be demolished Columbus Day weekend and the
proposed restaurant will open in the Spring.
Cleanliness of the restaurant grounds and cleaning the fish/fish odors
outside were of great concern. The proposed plan is for an enclosed waste
receptacle within a southern portion of the building. Some members of the
Board felt that, once the C. O. is received, Stan will once again begin
cleaning fish in the driveway. Mr. Judge agreed this could happen and sug-
gested there is the Health Department and other ways to abate that type of
nuisance, the Zoning Board is not the place. Mr. C. Dybas pointed out to
the Board that poor waste/sanitary conditions are very common with the
local restaurants. He hopes that, with reorganization of the Town Staff,
power will be within the Building Department and various departments to
enforce statutes that would prevent these problems. Stan's Restaurant
falls under Federal jurisdiction, which governs all applications.
Credit was given to Great Bay Seafood for its cleanliness and no out-
side smell or garbage, it is unique in that aspect.
Public Hearing a no comment.
Correspondence a Letter from F. T. Collins (Exhibit H). Town of
Queensbury Planning Board conditions were read (Exhibit I).
Mr. Muller moved APPROVAL of Use Variance No. 1392, Stanislaw Kostek/-
Stan's Seafood. It is a unique opportunity to upgrade the location. The
applicant has demonstrated hardship in that this is expansion of a pre-
existing, nonconforming use. Feasibility as to what he wants to do and
other requirements are dictated by the size and shape of the lot. This is
with the understanding that there will definitely be no outdoor storage of
boxes, crates, fish, etc.
Stipulation is that the applicant is to fulfill the nine requirements
set forth by the Town Planning Board, before a Certificate of Occupancy
can be issued, in addition to the requirements demonstrated in the pro-
posed plan dated June 27, 1988 and revised July 5, 1988.
Seconded by Mr. Kelley.
Pas8ed Unant.oualy
AREA VARIARCB RO. 1393
Joe Rivers
The
Avenue,
-No.-
application is for the construction of a garage at 10 Phillips
UR-10. On Page 3 of the Application, the answer to '4. should be
13
Discussion on this application took place at the dais and was basic-
ally inaudible on the tape.
P.blic Searing OpeRe.. no comment.
Correspondence I Warren County Planning Board approved.
Mr. Griffen moved APPROVAL of Area Variance No. 1393. The applicant
has demonstrated practical difficulty because of the strange layout of the
lot, which is narrow in front and wide in the rear. The applicant needs a
seven (7) foot relief on the Northwest side, in lieu of the required 10
feet. The garage will be three (3) feet from the property line at the
Northwest corner. This proposed site is the only place on the property
for a garage.
Seconded by Mr. Turner.
Passed Un..i.oualy.
adjOu~\e .:eeting at lbOO
òct::z--r~<ÇJ ---
Theodore Turner, Chairman
)µA-t ~-¥~
Mary Jane P. Moeller, Stenographer
p.m.
Date
C¡·/3. E?'
Date
14
/~ -"- --.........
f, .'~¡j·~~-D.,' -., ',:"
\ i , /
,I
'r, ':,
I. ~_
lot
robert joy & ossocìotes
orCf1Itec:1S ' IJlon:ìerS " (jevelOpers
new fountoln squorí~
'12 warren str8et
post office box 72::>
glens tolls. new york
12801-U725
robert )0; 0 I 0
518-793-0786
8 August 1988
Daniel Ling, Assistant Planner
Town of Queensbury
Queensbury Town Hall
Upper Bay Road
Glens Falls, New York 12801
Re: Additions and Alterations to
Adirondack Animal Hospital
Project Number 7710
riLE COpy
Dear Dan:
Thank you for sending the minutes of the special meeting of
the Queensbury Zoning Board of Appeals held Wednesday, 27 July
1988 to consider Use Variance No. 1388 for expansion of
Adirondack Animal Hospital. These minutes confirm the
discrepancy in our recollections about the size of the parking
stalls that will be required.
We had specifically asked for relief from the minimum parking
space of 10' x 20' required by Section 7.071 of the ordinance
and cited several recognized planning standards to bolster our
case. My impression, right or wrong, is that the board had
assented to this change along with our other requests.
We would like the Board to òlarify its actions at its next
meeting. Perhaps this can be handled in the discussion prior
to aaceptance of the minutes if this was indeed a simple
oversight. If not, the Board should entertain a motion either
approving or denying our request.
Please let me know how you would like to handle this. I would
be happy to attend the next meeting to discuss the matter with
the Board directly. Thank you for your continued assistance.
Sincerely yours,
~
Robert J. Joy, President
Robert Joy Architect, PC
~
RJJ/db
c/Glendening
£7 X ¡lIP¡-¡- /9
-"
TOWN OF QUEENSBURY
Bay at Haviland Road, Queensbury, NY 12801·9725 - 518·792-5832
4
AUgust 17, 1988
Theodore Turner, Chairman, and
Oueensbury Zoning Board of Appeals
Town of Oueensbury
Bay at Haviland Road
Oueensbury, New York 12801-9725
RB: Use Var1ance No. 1372
Barley V. BeZ'lll1UJce, Jr.
,
Dear Mr. Chàirman and Board Members:
I have been asked to formulate an opinion to assist the Board as
they make a determina tion wi th respect to the applicant's request, which
is that the Board make a decision as to whether the use proposed in
the use variance application is a permitted use in the district proposed
(LI-1A) .
It is my understanding that the applicant is considering the
construction of a garage to house trucks and containers used in his
refuse-collection business. It is my further understanding that the
trucks will be cleaned and repaired in the garage facility and that
an office will be constructed as part of the garage.
I have extensively reviewed the minuteø of the previous meeting,
the Town Zoning Ordinance, and other materials, and offer the following
opinion.
In the first instance, I would recommend that the Board consider
dividing or separating the uses being proposed by the applicant. First
of all, the applicant is proposing an office which is clearly allowed
under the permi!:ted uses for any light industrial zone of the Town of
Oueensbury. Another use being proposed for the building could be a
garage in which repairs, maintenance and storage of trucks would occur.
There would also be a storage fac:l.lity (a part of the garage) wherein
containers and other parts would be stored that would be used in the
applicant's business. I believe that the Board could e:l.ther separate
the uses and examine each one separately, or examine the storage facility
use as part of the overall garage use.
In reaching a determ:l.nation :l.n th:l.s matter, the law, unfortunately,
does not prov:l.de a s:l.ngle clear-cut pr:l.ncipal or ruling upon which the
Board may base their deciøion. It seems that this is an area that lies
within the diøcretion of the Board to some extent, however, there are
certain "guidelines" which when making the deciøion, I would recommend
that the Board consider and make reference to.
The proposed "guidelines" hIOuld be as follows:
"HOME OF NATURAL BEAUTY. .. A GOOD PLACE TO LIVE"
SETTLED 1763
P't#I.(ß/T 8
pa ge thlO-"-
Theodore Turner, Chairman
Oueensbury zoning Board of Appeals
August 17, 1988
~
1. It should be noted that since Zoning Ordinances limit the right
to use property, the courts have traditionally held that the zoning
regulations must be strictly construed against the municipality,
or in other hIOrds, in favor of the applicant. In this regard,
I hIOuld draw your attention to Robert N. Anderson's book: New
York Zoning Law and Practice (Third Edition). He states there7ï;;
"Industrial districts traditionally have been the receptacle into'
which all uses are placed after those hIOrthy of ptotection had
been provided for". (pp. 443-444). Mr. Anderson also notes,
however, that this approach is not as popular as it once was.
This type of approach ~s particularly popular at a time when commun-
ities used to zone residential, commercial, etc., with particularity
and then simply say everything else falls in the industrial zone.
Of course, Oueensbury's ordinance does not provide a zone in this
manner, however, it does to some extent, generalize the permitted
uses. You will note that it indicates permitted uses are as follows:
"1. Any light manufacturing, assembly, or other industrial
or research operation meeting the requirements of this
ordinance,
2. Warehouse or enclosed storage of goods and materials,
distribution plants, wholesale businesses,
3. Laboratories, professional offices,
4. Firehouse,
5. Office Buildings."
I believe an argument could be made that the general terms
in this ordinance hIOuld allow the inclusion of the business proposed
by the applicant, and that the Board should address this.
2. It should be noted that a decision will be sustained if it
has a rational basis and is supported by substantial evidence.
Matter of Fuhst v. Foley 45 NY2d, 441, p.444. Therefore, I recommend
that the Board note in the record all factors considered in reaching
its decision.
pa ge tn-.cee
Theodore Turner, Chairman
Oueensbury Zoning Board of Appeals
August 17, 1988
4
3. The Board should evaluate whether it was the intention of the
community to purposely exclude the applicant's proposed use from
the ordinance. If this particular purpose is useful to the community
and the public, it would seem that the exclusion of this zone would
be difficult to uphold legally.
4. I would recommend also that the purpo!!1e established for a light
industrial zone be reviewed. Therein, I would draw the Board's
attention to the fact that the purpose of the zone is indicated
to serve highway oriented businesses. I would recommend that the
Board consider whether the applicant's business is of that nature.
Further, I would recommend that the Board also consider whether
Mr. Hermance's use meets the second part of the purpose clause,
that part of the clause dealing with receiving materials and
disbursing products.
5. I would recommend that the Board consider the particular language
of the permitted use which provides that a permitted use could
be "other industrial" and also that language indicating that a
"warehouse or enclosed storage of goods and materials" will be
allowed.
6. I would also recommend tha t the Board consider all other zones
provided for in the Town of Oueensbury Zoning Ordinance. I have
reviewed these on behalf of the Board and find that basically,
no other zone in the Town of Oueensbury would provide for this
type of use other than perhaps the heavy industrial zone. However,
I would draw the Board's attention to the very specific permitted
uses in that zone as they make their consideration of this matter.
7. Finall y, of course the Board should determine how the applicant's
proposed us~ fits in with all of the above considerations.
It is my opinion that if the Board reviews each one of the matters
and decides, or actually interprets,' the ordinance as requested by the
applicant based upon the factors outlined above, that the Board will
have made the considerations necessary to arrive at a procedurally correct
decision. Of course, I must quite candidly adm1t that a procedurally
correct decision does not necessarily mean a substantively correct
decision I however, I feel that consideration of the above factors would
certainly provide the Board with a solid basis for their decision.
'---
pa ge four
Theodore Turner, Chairman
Oueensbury Zoning Board of Appeals
August 17, 1988
I also note in review of the minutes, that there has been quite
a concern over smell and rats. I note that there is a concern over
sewerage facilities not available in that part of the community. I
would recommend that the Board, in this regard, consider the other agen-
cies that are available to respond to these problems. Sewerage or septic
disposal, is of course, addressed by the Board of Heal th. Further,
the issue of rats can be addressed by the Local or State Board of Health.
As far as the smell is concerned, this would seem to be,more rela'ted
to that of a nuisance as opposed to the zoning ordinances in particular.
I hope the above provides you with information sufficient upon
which to make a decision 1n this matter. If anything further should
be desired by the Board, I would be most happy to furnish whatever infor-
mation the Board desires.
Very truly yours,
pa ul B. Dusek
Torm Attorney
PBD:pam
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Ch4lfmilln
FilE COpy
RoaeRT A SIMPSON
AchnU Counsøl
PUBLIC SERVICE COMMISSION
HAROLD A JERRY. JR,
GAIL .:iARFIELD SCHWARTZ
ELI M NOAM
JAMES 1 McFARLAND
EDWARD M KReSKY
HENRY G WILLIAMS
JOHN J, KELLlltER
Secrel.ry
..; ¡ ,~, .. -, / ,.',... - . '.
.1 dfJ vI U'...H:¡..;':':¡-' ,
¡; :\ I··-~,~~/~:,: '~·:;'J¡-t;(',. ''':i,,' '
I' ,. ;. ~ ! ~. , I) \ ¡,-.:' i·: i
August 1, ¡988 . (; ,I I,
f," .) 'I Üf."': I
, . " ù 1..)(..;0
Ms. Lee York
Senior Planner
Town of Queensbury
Bay at Haziland Road
Queensbury, N.Y. 12801-9725
Dear Ms. York:
This is in response to your request of July 25, 1988 for a
written explanation of this Commission's jurisdiction and
authorization granted to the Albany Telephone Company regarding its
cellular utility operation in New York State.
. ~ . ;" ~, . . !'., .. . . . r. M .,' , . :' - : \ :. ; ':':.' \ .. ~ .~. 'I ,:' . ~..
"Section 5,~ubdi\;i'slÒn 3 (Jur'isdiction, .poweis····and· dÚ'Eies of
Public Service Commission) of the New 'York State Public Service Law
specifically addresses cellular rad~,o communication as a service over
which this Commission has jurisdiction. Moreover, Section 99 of the
Public Service Law requires each telephone corporation, including
cellular radio companies, subject to its jurisdiction to obtain a
Certificate of Public Convenience and Necessity from the Commission
prior to beginning construction of its facilities.
"
This Commission issued such a certificate to Cellular System
One of Albany in Case 29051 on May 17, 1985 and amended that
certificate on January 22, 1986 to show a change of the company name
to Albany Telephone Company. I have attached a copy of these
documents for your information.
The Federal Communications Commission (FCC), among other
things, assigns radio frequencies and licenses companies to operate
radio equipment on those frequencies. In 1983 the FCC decided to
establish a system of two competing companies in each closely defined
market area to operate cellular radio-telephone systems. Under this
system, one company is to be affiliated with a local wireline
telephone company in the service area and.one company is to be
independent of such affiliation.
EYII¡ßIT t> I
----
Mr. ~ork
2
August 1, 1988
In the Albany-Glens Falls market area, the authorized
wireline cellular utility is New York Cellular Geographic Service
Area, Inc. (affiliate of New York Telephone Company and a subsidiary
of NYNEX) and the non-wireline cellular utility is Albany Telephone
Company. I have attached two maps which show the approximate areas
that the various cellular utilities, including the above companies,
are authorized to serve.
I believe this should answer your questions regarding these
companies but if you have further questions, please feel free to
contact me at 486-2821 or Greg Pattenaude at 474-8717.
Sincerely,
~~~
Richard W. Horton
Principal System Planner
Communications Division
Enclosures
,
.
~ J(EC~"/~D
~. JAN281986
STATE OF NEW YORK 1I'tftti) SYSTEMS p: '. StCT!ON
PUBLIC SERVICE COMMISSION COMMUNICAi luNS DIVISION
At a session of the Public Service
Commission held. in the City of
Albany on January 22, 1986
COMMISSIONERS. PRESENT:.
Paul L. Gioia, Chairman
Edward P. Larkin
Carmel Carrington Marr
Harold.A. Jerry, Jr.
Anne F. Mead
Rosemar.y S.,Pooler.
Gail Garfield Schwartz
SERVED
JAN 27 1986
CASE 29051 - Cellular System One of Albany - Petition for a
Certificate of Public Convenience and Necessity to
construct and operate a Radio Domestic Public Cellular
Radio Telecommunications Service in the Albany Cellular
Geographic Service Area.
AMENDED CERTIFICATE
.
.
.
On May 17, 1985, Cellular System One of Albany was granted a
Certificate of Public Convenience and Necessity to operate as a
,
cellular telephone utility in the Albany area.
By letter dated December 6, 1985, notice was given by
Cellular Sys~~~ One of Albany indicating that it had changeq its name
to Albany Telephone Company. There has been no change or modification
with regard to the ownership or financial structure of the company.
.
¡;. ..,.11/6,; ð;L
2
'---
Accordingly, it is
o R D ERE D:
1. That the certificate of public convenience and necessity
issued to Cellular System one of Albany be amended to reflect a change
of name to Albany Telephone Company.
2. This proceeding is continued.
By the Commission,
(SIGNED)
JOHN J. KELLIHER
Secretary
~
,
--
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
At a session of the Public Service
Commission held. in the City of
Albany on May 15, 1985
COMMISS¡ONERS,PRES~NT:
Paul L. Gioia, Chairman
Edward P. Larkin
Carmel Carrington Marr
Rosemary S. Pooler.
Gail Garfield Schwartz
CASE 29051 - Cellular System One of Albany - Petition for a
Certificate of Public Convenience and Necessity to
construct and operate a cellular radio telecommunication
system to provide service in the Albany, New York
cellular geographic service area.
ORDER ISSUING CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
(Issued May 17, 1985)
By petition filed March 22, 1985, Cellular System One of
Albany sought authority pursuant to Section 99 of the Public Service
..--.-----
Law to operate a cellular telephone utiiìty inlEñe Albanÿ, New 10rl--------
.--
area. The petitioner was granted a construction permit for the
$
propósed facilities from the Federal Communications Commission.
At our May 15, 1985 session, we determined that public
convenience a.n_4. necessity require the construction and operation of
facilities by Cellular System One of Albany. The operation to be
certified herein shall provide reliable cellular radio
telecommunications service within all or part of the contours defined
by the FCC as the Albany cellular geographic service area.
.
/.2''j.#/6IT 1>3
2
Accordingly, it is
CERTIFIED that subject to the conditions hereinafter set
forth in this Order, and not otherwise, public convenience and
necessity require the operation of high capacity land mobile cellular
radio telephone facilities by Cellular System One of Albany to enable
it to offer to the general public cellular radio telephone services
within the albany Cellular geographic service area; and it is further
o R D ERE D :
1. That this Order constitutes a Certificate of Public
Convenience and Necessity authorizing Cellular System One of Albany to
provide cellular telephone facilities as described in its petition
within the State of New York;
2'. That appropriate tariff schedules should be filed with
the Commission within ninety days of this Order;
3. That the Certificate of Public Convenience and Necessity
set forth in this Order will be revoked without further notice if
Cellular System One of Albany fails to file its schedule of tariffs
._____-witþ tM_~u.1,9lL.W.1t.bin 90 .d4n-2.U'þi!.J~£.~er ;___
4. That on or before September 4, 1987, Cellular System One
of Albany submit proof to the Commission that it is providing service
to the entire Albany CGSA. .
5. That if the entire CGSA is not served by September 4,
1987 the certificate will be modified to include only the area
actually served.
,
E ,/-/118' r l>t/
--
3
.-
6. That this Order is effective immediately; and,
7. That this proceeding is continued.
By the Commission,
(SIGNED)
JOHN J. KELLIHER
Secretary
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TOWN OF QUEENSBURY
Bay at Haviland Road, Queensbury, NY 12801-9725 - 518-792-5832
August 17, 1988
Theodore Turner, Chairman, and
Members of the (}ueensbury Zoning Board of Appeals
Town of Oueensbury
Bay at Haviland Road
Oueensbury, New York 12801-9725
RB: Interpret:ation No. 41-1988
Frank S. Bagelberg
A.1bany 2'elephone ec.paay
Dear Mr. Chairman and Members of the Board:
In my capacity as 2'own Attorney for the Town of Oueensbury, I have
been asked to review the above-referenced application and provide an opinion
to assist the Board in making its determination as to whether the Albany
Telephone Company is a public utility and therefore whether its application
should be treated in the same manner as last year's application by NYNEX
Mobile Communications.
After extensive review of the correspondence provided by Harter,
Secrest & Emery, attorneys for Albany Telephone Company, correspondence
from the New York State Department of Public Service, several court cases,
the Public Service Law, Order Issuing Certificate of Public Convenience
and Necessity to Albany Telephone Company, and other materials, it is
my opinion that the Board can find that Albany Telephone Company is a
public utility, if it finds the following {in addition to whatever other
facts the Board may feel are necessary} I
,
1. That Albany Telephone is licensed by the Federal Communications
Commission and is subject to regulation by New York State Public
Service Commission.
2. That Albany Telephone will provide a service that is impressed
with a public interest.
3. That Albany Telephone will be providing services to the Town
of Oueensbury.
If the Board finds as indicated, it is my opinion that the Board may then
treat the Albany Telephone Company as last year's application by NYNEX
Mobile Communications. ,
"HOME OF NATURAL BEAUTY... A GOOD PLACE TO LIVE"
SETTLED 1763
jÇ Xtll-Iß./ r ¡;-
page two
Theodore Turner, Chairman
Oueensbury zoning Board of Appeals
August 17, 1988 ·
I would also recommend to the Board that it make a part of the record
the letter from the New York State Public Service Corporation, and all
correspondence and attachments received from Harter, Secrest & Emery.
I trust that the above provides a response to the question posed
by the Board. If anything further is needed, I will be most happy to
furnish such information as the Board may feel is necessary to make a
decision.
Very truly yours,
c:;;;;z :J
Paul B. Duse¡¡;;
Town Attorney
PBD:pam
WilLIAM J. DREYER
DONALD T. KINSEllA .
DONALD W BOYAJIAN
JAMES B. TUTTLE
BETH ANNE RODDY
lESLlE G. lANDAU
DREYER, KINSELLA, BOYAJIAN & TUTTLE --
A TTORNEYS AND COUNSELLORS AT LAW
75 COLUMBIA STREET
ALBANY, N. Y. 12210
(518) 463,7784
TELECOPIER (518) 463-4039
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WATERFORD OFFICE
50 BROAD STREET
PO BOX 293
WATERFORD. NEW YORK 12188
(518) 237,3904
July 26, 1988
Daniel Ling
Town of Queensbury
Zoning Board of Appeals
Re: Application for
Area Variance
No. 1380
Kaminski and Suen
Dear Mr. Ling:
As you know action on the above-referenced application was
tabled at the July 21st meeting because the Board indicated a
need for a more definitive measurement from the proposed addition
to the lake. Please find enclosed a revised plot plan indicating
a setback of 51 feet. Also please find enclosed an affidavit
from Henry Kaminski sworn to which indicates that he personally
measured the distance between the addition and the lake and
recorded it to be 51 feet.
Please place this matter back on the Board's agenda for the
August 31st meeting.
If you have any questions regarding any of the above please
do not hesitate to contact me.
Very truly yours,
DREYER, K~A, BO:AJ~N& ~L~
By: ß~¿/ ¿
Donald W. Boyajian
DWB/dg
Enc
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AFFIDAVIT
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STATE OF NEW YORK)
COUNTY OF ALBANY )
ss:
I, Henry Kaminski, being duly sworn, deposes and says:
1. That I have applied to the Town of Queensbury Zoning
Board of Appeals for an area variance in connection with proposed
additions to my home located on Rockhurst Road in the Town of
Queensbury. In considering the application, the Board requested
a more definitive statement as to the setback from the proposed
additions to the lake. On July 23, 1988 I personally measured
the distance from the nearest point of the construction to the
lake and found it to be exactly 51 feet 2 inches.
DATED: July 26, 1988.
'-d~ ;K~:~JI.:
HENRY K MINSK!
Sworn to before me this
26th day of July, 1988.
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To Ted Tt()LneJL, Cha.huna.n, Zoyúng BotVLd
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F~om V~~ Le6ebv~e, C.E.O. Building Vept.
Re: V~n~e Appli~ation #1390 ( FtVLenell
Augu.6t 17, 1988
Ted,
The lot i..n que..ó;Uon heILe, ha4 been excava;ted, le.av~ng ¿deep ban1u.. 1 am
~on~elLned that the .6andy .6oili wili. elLode ~nto the adja~ent lot (.61 .
Should the EOaILd g~ant th-U 'ValÚan~e, 1 would .6ugge..ót tha-t .6;Upui.a,ti.On6 be
a.tta~hed, ~equW.ng the lot to be plLopeJr.J.,y g~aded, wLth ban1u. On a 30 deg~ee
max.Æ.mwn .6lope and .6:tabil-ized by .6'eeding o~ otheIL a~~ep:table meA:hocU.
Al.6o, pletl6e be.aJL ~n mind that 1 6e.U:.eve thMi lot t.OO..6 nOJuned by a ~e~ent .6pW
06 a laILgeIL lot. A dweLUng ~ buUt on the otheIL poJLti.on, lMt yeM..
T~~U. 61)12 conÛ.dMß.il.on,
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;,ugust 16,1988
,j ..r ~ },~,::.¿:
Nr. S::éni~~av.· r:osr~'F. i~ sLÌ,¿.è\Jleè to apl'L.t::T (,¡::.! cr~ ::n2 Zoni:':g b¡;;jrd
for the purpose of é.: siu:' pIa,; revje,,:. BE: is Ti::CUéS:',Cjf !t.rmif,Eiu;, 10 lépJé:1Ce
ï-d S t:,:in,i:1g restaurant., kno\o.'l; as Star; 1 f Seafo0è. ;..::i. cr é:: ne\' 'lJu:;.J ¿if;!::.
End oseà Ü: a letter from the ~'~arren Coum:;; Y'u:n:-.inf 1oE.!è dated h,p-riJ
21, 1982. This Jetter 1 ist.sr.he several conc::rDS tÌH::: Bc,¡,rd haò :"E:'¡:;ard:ing
'.'é';':lanCE- {!ïf.:,9. Tne legitimacy of these CC¡1ìcerns is cvj,knced by r.hL: 12.ct
:.':;,c,t 'JonE: of tné hoó.rd'E recorr.menc1ation~ w£::re car:::ië¿ ou:' uy Mr. EelS!,,:,',.
Alsr.. e:jcl()~;eè is a letter frmr.,our la'",":-'E.:1:8 ::c' t:r (: (nle~T sbL:": :bL''¡~ èi.;":;
>S¡1t:,cto:' G¿Le¿ ,L'Pl'il 30, 19E6. it der.:d15 U:; ; ~,£tC!':' c: !.Jy. }:U;i¿"J','£ roT.
ce,mpl:iÐnce \\'itb thE: conditions of Vé.rianCE in4Si.
....
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hJ"rc~redhefor~ various bG~Y~~ It; LfJ£ i~2S: 2:1~
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lie:; P-E'E'f:£" :.: '·:_.i i!.T;f"t,"t: r~:.r;. L·
:::':¡·Ol~.:scè
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þ 'r. ,~. 't
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'P;~c!t,} .:'1':', (''oj t:",t: T:,(1;TJe:) ~.
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Thi8 n~s not been thE case. All conditio:18 oi all 4 Variances rrante¿
:in the p""st r..:n.'¿ 'been violat,ed. Surely this strongly :inàicar:c::s that any
eonòi tions & t tachéà to any ne\<.' Yariance àel1ianàed by this ne,,'ly pr OpO~;f:'Ò
buildin£ woul¿ 2150 be violated.
He resp~etfully request .that the 'Zoning :E.oarcì consjder
these i Be ts when it revie\<.'sthe proposed si Ú: plan. WE: \\!ish to go on record
as strongly objr-eting to any proposed changes which would result in the new
building under revie,,-' advancing in a,ny degn:e tOward our prope:rt::Y 15_nes.
Very ~ruly YQurs,
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' F.T. ~ E.P. Collins
Imh
LTles.
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. Z78 Bay Road--
To demolish the existing building
and excavate. To rebuild the restaurant
and wholesale business.
. (WaJTen County Planning)
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~1/ARF1EN COUNTY
PLANNING BOARD
Warren County Municipal Center
Lake George, New York 12845
hlephone t.¡ö,761.£-' 10
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C' :;'¡~ ré lis I Ne'ft' York 12801
",c -'- ":';". Lynn:
.., t""; ~~·~:.e:~' i~· Dêl:1£ '=:~:-Jt tCI you in con:¡unC:,tion 'h'itr~ ·\'é:J'"'.lé:TJ2E: {171.:;9; fo:""'
:"c,:-;:'.~'-,~..... ~;c.'s:e!: (:,....2.::'[ 'sGi::.fooò) 2é:¡L¡ Bayr¡oaó for é;. :';~E \'2.1-'~ëi.fJCe, to
:-:-;.'.:,"1):.. 1: HI }: 2L,' F:òditiorJ orl i..f¡= n:u of ¡,he exi!:.t:ir,£ s:':,u::turé,
'?;~ ¡:c.:":'€ï, COUTJty Flë:.D;¡ing 502:"0 on J.:.pril li,tl) , 19S2 r·éc.c,¡:~:;f::-!jec é¡J;jr'ovê,l
',':~!" tr,,:· çc>r¡ci:'~;ot. thE:' scr'eening be provjòed to the siòes of the: prq.Jt?!"L)'
,. '.',é.'.. é:. j~::~r' t,;: ;x";;;,E~,""eè ex~J~ir:in[. trJe scr'e€nin!-:: ¡.~nò c>:):-¡~r [¿rJ£;nÜ
.~ 't·:' ~ :'.:'~ .; ',c::.. t ~ c~·~.s.
: ~ ; ~ ,~r, ((.'~J::' ·:.::-'ns cf '.fle i':::.!~r'èn County n a:..rJing r.oë..r'c: ë:.r'E:: (1) t.;-JE: c'-.:er'r:.}},
',r ~ff:;'c E;~;:er2t.,ir'E C:-,2'",: ï..sristics of thÙ us!?: irJ J~e);: t.iof. to the eff~c:t
:'c¡:Ì'i t.J'é:.ffic has on (Ii-hs)'"' aèjacent lê:nå uses, (2) thE: aò¿,quacy of exi5~ifjg
!,~,)',y.i TIt:: félc:i 1:, ~ies anò (3) the lack of an orderly aJ)ò sa:e pé.I'~:ing senE'me
fc:' ....fJE: ê]"tSê., Trli5 nct only is a pr'oblem for. the pótr'o:l5 of this Qusiness,
bu'.. t.r;::.s si't.'Jê:tjcn COL:ld present a pr'oblem for emergE-ncy é~nò :fir'e prút.ec'¡ j or;
vEhiclES. fr'esently, aáequate emergency access to U¡e r'eë=oJ' ,and sides of
the s l.r'UC ture is hf_rnpêred by the overcrowdeå nature of tbe lot é.nÒ t.he
pé'.J"!-:ing of ~':.lsiness trucks, ~tored equipment J and debris w'ound the buiJ è~t[jb'
.' '
¡.ll."'. l·:cs'~e~: has ç,;:¡pêëJ'eÒ bE-fore our BOa!'å three times since, 1978, or"i£inally
to con5tJ~uct a '36' >: 1;6' ~tructure fOF ë: rètail business with 64' ano 70'
sé-tbacks to the .rear a.nà north side, respectively. In 1980, an aòòi tion
~2S requested to enlar'gE- the existing structure with a 15' setback in lieu
0: 50'. In 1981, he appljeà for an addition to a structure for a wholesale,
C':~~,~~_!._~~.9_.dinll1t: f~:_~~_i ty. Since th¡Ü t.ime there é.pper.rS to have be~
j:i ·':":':l,e· ÒOïJE by the ap;,licant cC'Dcernin,£ the t)'"'affic sr..fE:ty a,!'o,;,mG the
~ true ture or posi tj, ve coordination wi th the Qµeensbury Bcautif'ication
[clmrni t tee to address any of the problems mentioned above.
.
/
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:. '. -: ;:'J~¡-¡ Lynn
-2-
:?pril '21,' ]982
,.,'::' 1-¡i;.:~:-·en County ?la..'1ning f:.oa.rÓ feelstrta.t th~ proposeè aòdi t10n
:: :;~. !:"~.:";ëg~ \-:OUJC not have 2üyo\rerr'iding .,CouTJtyi:71pact. PJ"". Kostekt~
!,<;~I)~E:sèr,t.dt.jve assureè th€ B:)c.rc th'Et<thepurpose of the additiOn will be
Le, en::] ase an e): is ting anò present:r~'Ù¡'sitJ¡tlys tO~Qge area; . :thus. .
e:~I"¡:.'..né:t.jng outsjd~ ~tor'age èr åeb:--is/' 'TheBoaràreco:'!lmenòed a6equa't€·'
~:::-~~:;i:)g 'De requi.J'eå to protec t and enhance the' parcel ·as well ,.as to
;,=..,~"~e:: .I1-·hE êdj-:-ijJ~:-l£ lé:~: use~.
1: ~';2: :~:~ th5~ t~i~ :E~te~ ~2~ nec€~sary, in that a
C(';:~E:";;~ rJN~deè to b~ :~i::v:!c.;eò by your office a:1å the
J; :"l"¡o!?ë;l.: p~i'o~ to t.ë:}:irJg any f'o~ma.l ac tj,on"
n'J:n:>er of t!)~'~E
Zoning Board of
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Ap:-.:il 3D, 198£
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?''::'lo:..ng ën6 Zor:irJ(:; ~6.ministrator
- .,,¡( "OV(' i
70~n o~'QueEr:5bury ,
Eay ~t B~vilaD¿ ~CëÓ
0~~~~5b~rv, NY 12801
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!:~;~',. i c,·,.:n ::~:-C";,-Ë:t~.. :'::.~}~':·ië:'e}}" 5:;:'\~:.:J ë..:-.: ;.~;¿~£.._ ~..: "_fit:-
;:':(.;' -?!'-:.~~ C,'T'.:~:-=ë =:: S:=.r~i.,,>£:·2'·r:~ !:CE:e): ëT!~. ·...:~·e~ :0:- ;.i~
::·..~\~;::-:f:C:S'J ~:'2:.:.1E S-2.'=:::"'o'ë..' Cì;: J·:=.,T.c:n 3D¡ l,E:- .)..::". j\í:.'S'L=j:
5ubmi~t~d an appJication to Lhe To~n oi Q~~~~SbUIY Z0~ins
:ÕC?IÓ of l-.P?E;als for è. uS,e"vëriëfJCe ·,dt.h r-=gë:l"c T..C' biE :;'E:4
Bay Street property so as to permit him to construct ë
s i:>: teen foot by t ¡';€:fJ t:y-í our .f oot aôdfti on to his : es -::'a w =-.::: n t .
The application sr.ateôthat the proposed use of the adei~ion
~'oulà be "storage, freezer; cooler ,prep rOOITa, \'"i:ste
àispcsal, etc. but insteadofa'number 'ofattë-ched ana
ur.attacheà builòings and sheds 'of. various types, ',.;epra,pcse
t.o occupy Si:.me ~pace but'toput'exi'stii¡g anQ propcseå under
Co!')/? I'ûo'Í." In reE::)onse to the C1.Jestlon on the é;'ODlication
lOTIf, ....'t¡ether the p:-o!:..cseÕpsewóulò constitute añ~ aQverse
effect on the neighbòrhood ~ha'racter the applicant stateå
thé:t ";,;efeel this propcseõstrücture ....·ill not only alIa\'"
for better work flo~but will also aôd to the outside
.z:_?peê_r~nc~_o~the bL?i }dinqan_c? a~~È_. ~¥_!:e..§'...£J.l]·õ.-~,:ïï=--
C::,'·;o:i::t.:t.c.'ns t:.;¡:;er one Ioof...'·On }.:..;)rl.!.' 22, -1.9':,2 tne 'TO·~·.T: 0:
'Q~:-;;:¡ sSün' :'ë:nir:c~i,-c:i: re-'of Ap':)~al s· or ar¡t eë tbe r ,:;-CüE::S teè
','¿rianoe -C\iaria.r.ée No. ì4.9), . Eo\.:evér, purs....ant tõ its t.enns
:.he 3cërd:granteô this ,variance ",,-'it-h' the fol1o\"ing
conàitions:
;,'
1. ~Screening per Q~eensbury'Beaulification
Requirements~ and,
-1-
R" '111-16 IT 1/ ~
....
~: ~' _ :. £ ::. c ~ .; ~ :.':- c. ~ -= ~ _~ -.É ~~. .::.; tj S~:--.!~~ _ +~-=~~ C .;
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__.... ...;::;..: ,=,:::;.cu,-.l~,¿::i:.:..10!;.t.C' 'tf¡é ¿,OT:lnç .::scar a 0.. __.pp=.a.LS.
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, ,,=.. ..:. '= _ '-__ _<:......1_ ¡ 0_ ë:. tlelII oç~, .~age 0,- SlL.a D£::.m_ c'cr.:s 1......:;-
:f .::e::. ë;.=.rt alons thE South siåe of the prop~rty.· .:
,
~":o ::':cst':d: h2S been continuously if! violation of both of
-:-' .....~ (. .st:_- ~'.' :..., .'", 6 ~ +... ~ r_' .-,' _~ . '). - J,.. ".. ;....: t:;" [ ,.. ~ C - ::':J':' ......... - 04-- r- - T ... - -- .... '\... .
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f'd.......!:CE ëTlå (¡tr;£= TL.,="_~~ièls-l!'J---£.r_tot't, it is aD E;e50r~. Th:i5
;JC¡':':'Jc.::-. elf !-l=. F.:jS~..:~):TE, Drc,::J:]-t'v iE ~~:i: -?¿ië.:'421"\" õå~,è·=ent to
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::.~ l"": ::.::eð sëjace:r;;:: t.o the Cc·11ir:s'!~ b~iJòins, ir¡ svioJation 0:
'-.'7- E.:>:ë'€'SS re':Juire.:<Le:n::soiVõ:-iance No.745 ·..·bicb 'C>!oviõeè
." ~ ':~,= ðl'::!î'?5~e.::: IDDst bepJðce¿intheext....~e Noi-".:..h,,-'est
~..~ :": 0:::- :;:. M.r. ~~:::'ej: f spr-C'p~rt~~,. Th'~ Óü!l1ps·..:e...r is c·onstantl:y
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,.'J.! ;.c }',~;::,?:.~. tb-s .si.t;~ëtior¡
?=ant Co12i~s' le~ter to you Bated F~bruary 1', 1986
ë~~ê:::S tis e:ffc>:;:-t~ tc bring thissituc:tion to the att'ent.ion
of t.he: '1'0",,'D anò to ;-,ave: tbe: '1'o'-o'D,erdorce: the t'=:!lnS of its
\7è:r}aTJ':~s. }".£ter JI.Dch pr:oõding,on?ebruary 3, 1986 jf6\J
contaçt.eë. Hr. J\cst.e:k by lett.er requesting that the posi,tion
of tb,= ðümps ter be c;-,aTJ9 eà so astq ,comply "d th t b~ .......
.':: bc·,·e-r ef er enceå ·,n=.r i ë ;,!ce.. Eowever, ·p;heD Fr 2.n)~ n:et ",'ith you
E.D¿ Vic l.efebvre on F.p:dl .5t.b,be.·left. .itbout a cl'=:ar
;.2rJÕers~ëD(jln? of .....hat the :H~>:t.stepwou]à be in tenr:sof
:::!')fc'rc~-.J"'2'nt 0: th(;: ,·ari¡:,nce conåitio~s by the '1e:-...'n of!
¡:i·<.:'.::en:=:nlrv, ei th€:::- byrec'uestinc-Y...r. Rostek to screen ,hi 5
c-':!:O::-:E:It'\.·,"b\' thrEater:inQ-~..r. ~o;tek"'ith fines. for
:"{ ,.·--:--::,i:~-;"~- ~I:". .::.;·cD"'·...·~....r.:.à bvth"" '1''''\.;'''' z,oninc ()rãir.;:.nco Or
._~... "- ..._.._..."= _....1,.. . \-t:: G_ _'.. "-'" _...,....~ ..... ...,_.'.. ~ .1/.. - . _' -- . .1_. - r
(.',_~j0:-·"-'::'s~. ?rEirJ}:l,', if this is the official DC'sitiC'TJ 'of the
'::';;'r 1 :iDå it òifficult to unå.e~sfa[,å.. The- Col1ir:s'
:r..'JiJò:inç' Ss no...· va::ant.. P..s ares:u'lt of the continuing
vioJ~tioDS of the vari&nce, theCollinses have bel2n unable
~c ~eDt the bui}ðing ana it appears unlikely that any
prcs?2ctive tenant would enter into a ~ease in light of the
l:'!'cseont s:ituatien, particu1ðrly the oõor of rotting fish.
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