1983-04-06
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MINUTES
Queensbury Planning Board
April 6, 1983 8:00 P.M.
Present:
R. Roberts, Chairman
R. Montesi, Secretary
K. Sorlin
H. Mann
R. Noll
W. Threw
S. Lynn and M. Dean, Staff
J. Dybas
Absent:
The minutes of the March 3, 1983 meeting were approved on a motion
by Mrs. Mann, seconded by Mr. Sorlin. Motion carried unanimously.
Mr. Roberts welcomed Mr. Ronald Noll of 1 Bayberry Court as a new
member of the Planning Board.
OFF-PREMISES SIGN NO. 18 - Glenwood Associates, Ltd. (H.R. Tyrer, Jr.)
Glenwood Avenue and Quaker Road on Warren
County ROW
Mr. H. R. Tyrer present. The applicant has permission from Warren
County, owner of the property, to place sign on county property.
The sign is 56.52 square feet and the ordinance allows 10 square feet.
Mr. Tyrer said the sign would be roughly 80 feet from Quaker Road
and 60 feet from Glenwood. They have been told that the proposed
widening of Quaker Road will not affect the placement of the sign,
however, they have agreed with Warren County that they would move
the sign at any time the county requested. Mr. Sorlin asked if the
sign could be placed on the applicant's property. Mr. Tyrer said
if they did that they would have to remove many fine trees and shrubs
that would be detrimental to the area. This sign is not a directional
sign and the wording of the ordinance does not deal with an off-
premise sign other than directional. Mr. Sorlin said this would be
a nonconforming off-premise sign. The ordinance states that if every-
thing is in conformance the Planning Board can grant the sign. Mr.
Tyrer stated that many of the oversize signs on Quaker Road are on
county property (Queensbury Motors, State Bank of Albany, etc.).
Mr. Dan Kane (Warren County Planning Dept.) stated this would be a
variance of the sign ordinance. Mr. Robert's suggested this should
go to the Zoning Board of Appeals for clarification because the
ordinance is not specific. Mr. Lynn stated that because of procedural
problems this could not be put on this month's agenda for a variance
but could be put on as an Interpretation. Mr. Tyrer stated that this
concerned 23 business people some of whom have already given up their
leases elsewhere. They would like to be operable by the 15th of
April. Mrs. Mann offered a motion to recommend approval of Off-
Premise Sign No. 18 and ask that the Zoning Board of Appeals review.
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April 6, 1983
Mr. Lynn stated that because of the time frame Mr. Tyrer is in
a temporary sign permit can be issued to carry him over the time
that will be required to go through the proper channels. Mrs.
Mann withdrew her motion. Two more motions for approval were
offered. After discussion it was agreed that this should be
changed to a variance. All motions withdrawn. Mr. Lynn reiterated
his recommendation that they get a temporary permit to last in
the interim. Mr. Sorlin stated that is asking Mr. Tyrer to take
a risk. Mr. Tyrer said he is willing to accept the risk. Mr.
Montesi suggested that Mr. Tyrer withdraw this application, get a
temporary sign permit and reapply for a variance next month.
The Board concurred and Mr. Tyrer withdrew his application for an
Off-Premise sign.
SUBDIVISIONS
Butternut Hill Subdivision - (Charles Maine, Developer)
West off Ridge Road
Mr. Charles Maine present. Mr. Maine wishes to change property lines
around the pond in his development so that he will retain ownership
and keep the pond looking the way it should. He is looking into
the possibility of forming a homeowners association in the future
for the care of the pond. The lots that are altered are still in
excess of the ordinance requirements. Mr. Sorlin offered a motion
for approval, seconded by Mrs. Mann. Motion carried unanimously.
RESOLVED: Approval of revision of Butternut Hill
Subdivision for lots 1, 2 and 27 in
accordance with plan on map of record
dated 4-6-83.
Stonecroft Subdivision No. 1-83 - Sketch Plan Submission 7 lots
(Ken Mahosky, Developer)
West Mountain Road
Mr. Leon Steves present. Mr. Roberts noted this subdivision was
given conceptual approval some time ago and the time has run out.
Discussion of dead end roads - they will be in a T formation
(preferred by the Town) rather than a cul-de-sac. Mr. Montesi
pointed out that the ordinance has changed with regard to roads,
they must be paved before Town will accept and before CO's and
building permits can be issued. There is presently one lot that
has been developed and is less than the 30,000 sq. ft. requirement,
developed before the new ordinance. Bill Threw will abstain from
voting because he has done some work in the area. Mr. Montesi
moved for Sketch Plan approval, seconded by Mr. Noll. Motion carried
unanimously with one abstention.
RESOLVED: Sketch Plan approval for 7 lots Phase I
of Stonecroft Subdivision.
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April 6, 1983
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Site Plan Review (Revision) V.S.H. Realty, Inc.
Cumberland Farms - Route 9 & Kendrick Rd.
Mr. Thomas McCormack and Mr. Wesley Thomas present. The revision
moves the entire construction back 25 feet to cause the gas pump
islands to be at the 50 foot setback line. With the exception of
moving a couple of parking spaces, this plan is identical to the
original plan. The drainage flow remains the same. There is 20
percent permeable land remaining. Mrs. Mann offered motion for
approval, seconded by Mr. Montesi. Motion carried unanimously.
RESOLVED:
The Board
Revised.
gas pumps
road.
approved Site Plan Review #9-82
The major change is placement of
to meet the 50 foot setback from
NEW BUSINESS
Variance No. 818 - Premier Broadcasting Corp.
West side Everts Avenue
LI-IA Zone
New independent radio broadcasting station, to be constructed on
a parcel of land to be divided off the existing broadcasting station
(WBZA) property. The newly created lot will be ~ acre, in lieu of
the required one acre for the LI-IA Zone.
Mr. Gus Cawley present. Mr. Caswley stated that this was a settle-
ment that was made by an administrative law judge for the FCC.
Part of the settlement was to give Premier enough larld to build a
new radio station and utilize the ground system and tower that is
now utilized by WBZA. The reason they can not have the additional
half acre is because it would destroy the undergrourld system.
Mr. Sorlin offered a motion for approval, seconded by Mrs. Mann.
Motion carried unanimously.
COMMENTS: The Board recommend approval of this
area variance. As this is an area
variance practical difficulty must be
shown.
This would be a non-conforming lot 150
ft. by 150 ft. instead of the required
200 by 200 ft. Because of the wires in
the ground for tower, and the unique
agreement of WBZA and WNIQ, we feel this
is a degree of practical difficulty be-
cause of the grid in the ground. This
cannot be disturbed without hurting the
radio signal.
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April 6, 1983
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Variance No. 819 - Douglas E. Lamkins UR-IO Zone
192 Sherman Ave, Harris St., Mallory Ave.
To place a swimming pool in the front yard and at an 8 ft. distance
from the dwelling in lieu of the required 10 ft.
Mr. Lamkins present. This property is surrounded on three sides
by roads and it's difficult to say what is the front and rear yard.
Having the 8 ft. distance from the dwelling will allow more area
for grass. The pool size is 16 x 32. Mr. Sorlin offered a motion
recommending approval, seconded by Mr. Montesi. Motion carried
'unanimously.
COMMENTS: The Board recommend approval of this
area variance. The practical difficulty
is that the applicant has no backyard.
Variance No. 820 - Randolph and Susan Bardin
off Stone Schoolhouse Road
LC-IOA Zone
To build a single family dwelling constructed on a lot that does not
front on a public ROW contrary to Artile 7, Section 8.076.
Mr. and Mrs. Bardin present. Mr. Roberts noted that there have been
problems in the past with access for emergency vehicles, fire trucks,
etc. on non-Town roads that are improperly maintained. Mr. Bardin
said he owned property within 100 feet of town claimed road. Mr.
Bardin said the road is in bad shape now because there is a stone
quarry in operation beyond his land on land owned by Mr. Chris
Crandell. He said the company will be fixing the road up because
they will be hauling with tractor trailers. Mr. Sorlin stated that
the Town road ends on another person's property. He said if Mr.
Crandell would sell a strip of property to Mr. Bardin, to the Town
Road he would be legal. Mr. Roberts suggested he discuss these
problems with Paul Naylor, Highway Superintendent. Mrs. Mann offered
motion to recommend disapproval, seconded by Mr. Threw. Motion
carried unanimously,with the exception of Mr. Sorlin who voted no.
COMMENTS: The Board recommend disapproval of this
area variance on the grounds that it is
not conducive to good planning. Proposed
house would be 150 ft. from Town road.
This is a self imposed hardship.
Variance No. 821 - James E. Ouderkerk
Jay Road, Glen Lake
SFR-30 Zone
To build garage addition that will be less than the required 50
foot setback from the lake.
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April 6, 1983
'- Mr. Ouderkerk present. The shed that is presently there will come
down. Mr. Sorlin said he has a problem with this area of Glen
Lake because it is getting so congested, however, he will not be
altering the neighborhood. It is already wall to wall buildings.
Mr. Sorlin stated that voting for or against this would not affect
the area. It will never go back to being uncluttered. Mrs. Mann
stated if the garage were to go in the rear of the property there
would be no space left for septic. Mrs. Mann offered a motion for
approval, seconded by Mr. Noll. Motion carried unanimously with
the exception of Mr. Montesi who voted no.
COMMENTS: The Board recommend approval of this area
variance as it is more logical to put
garage in line with the house using existing
setback and save the land away from the lake
for septic system.
Variance No. 822 - Donald J. Flood
East side of Route 9
HC-15 Zone
To operate a Christmas gift shop which shall serve the traveling
public similar to permitted uses allowed in the vicinity.
Mr. Donald Flood present. Mr. Sorlin stated that this is another
problem with the wording in the ordinance. Proposals have been
recommended to change that section of the ordinance. Mr. Sorlin
offered a motion to recommend approval, seconded by Mr. Threw.
Motion carried unanimously.
COMMENTS: The Board recommend approval of this use
variance. In accordance with the
recommended changes in our zoning ordin-
ance for expanding permit~ed Highway
Commercial uses, this use would be a
permitted use.
Variance No. 823 - Abe Schonwetter
Seeley Road on Lake George
LR-IA Zone
To construct a glass/screened in porch for summer outdoor/indoor
activities without required setback from Lake George.
Mr. Joe Roulier present. Mr. Roulier stated that the problem is
proximity to lake. The house is surrounded on three sides by Lake
George. He said that any type of addition would require a variance.
He said they were asking where they would be allowed to put this
addition. Mr. Sorlin said that it appeared that the little piece
of land that this house is on is partially man-made. The proposed
addition would go to the seawall but not go out over the seawall.
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April 6, 1983
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Mr. Sorlin stated that this would not do anything to increase the
density or increase the burden on the lake from a sewage standpoint
but it's one of those creeping kinds of things by adding on and
adding on. Mr. Montesi said that they keep on giving in to 25 ft.,
15 ft., 30 ft. Now they are not talking about feet but directly on
the water and he can't fathom that the Planning Board would accept
this. Mr. Lynn said they will have a soil barrier problem which
will undermine if it hasn't already started to. Mrs. Mann said that
the reasons to protect the lake were environmental which would not
affect this application. It may improve aesthetics. Mr. Sorlin
said they are talking about putting an addition on an already
cramped piece of property and in the ordinance they are trying to
stop the clutter and expansion of the forever growth on Lake George.
Mr. Charles Adamson, Assembly point- on behalf of the Zoning Committee
of the Lake George Association. The problems of concern are
runoff and the issue of precedent. If you allow this, for this
man's convenience, to go that much further towards the lake, what
about the other people who would like to do the same thing, on
Rockhurst for instance. Mr. Adamson cited Section 10.040 (a)
which specifies practical difficulty. He sees no practical difficulty.
The ordinance also states that what you are doing would not be
materially detrimental to the purposes of the ordinance. He suggests
that in terms of pushing toward the lake this would be minor ob-
struction. It would also say to other people that we don't believe
in the ordinance. Mr. Roulier said that he agreed with Mr. Adamson
but in this particular case, every direction he could go in would
be toward the lake. He said it is a unique situation. He feels
that aesthetically this will enhance the neighborhood. Mr. Sorlin
feels that this applicant has other options.
Mr. Montesi offered a motion to recommend disapproval, seconded
by Mr. Threw. Motion carried unanimously with the exception of
Mrs. Mann who voted no.
COMMENTS: The Board recommend disapproval of this
area variance. The applicant has not
shown practical difficulty. How can we
allow a building to be built on the shore
of the lake, with no setback, when the
required setback is 75 feet.
Variance No. 824 - Frank Cottone (Tri-County Kitchens)
South side of Corinth Road
HC-15
To expand the existing manufacturing enterprise with the construction
of an addition for storage and office space.
Mr. Cottone present. This addition will be for storage and office
space. There will be no production within the addition. The
materials are now stored outside under black plastic which is
unsightly.
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April 6, 1983
Mr. Sorlin offered a motion to recommend approval, seconded by
Mr. Montesi. Motion carried unanimously.
COMMENTS: The Board recommend approval of this use
variance to expand a non-conforming existing
use. This will not materially change the
character of the neighborhood. Pre-existing
nonconforming use is the hardship and it is
there already.
J~-tJ //! ~
Richard Roberts, airman
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