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1970-06-17 ~ 3 b. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on June 17, 1970 at 8:00 p.m. There were present: James Keller Charles Sicard George Kurosaka Allison Ellsworth being the members of the board, excepting John Fitzgerald who was absent for this meeting. George Kurosaka presided as chairman in Mr. Fitzgerald's absence. On a motion by Mr. Sicard, seconded by Mr. Keller, the board dispensed with the reading of the minutes of the previous meeting. '- Mr. Kurosaka read proof of publication for the first item of business, application for variance #160 by DR. J. BRADFORD SCHUYLER who applied for a side yard setback of 18 inches instead of the 5 feet required. on the property situated on the East side of Cleverdale Road in the Town of Queensburv. Dr. Schuyler appeared on his own behalf saying, ,"I thought it was an open porch and I thought I was in the zoning rules." When Mr. Keller asked Dr. Schuyler if he had any grounds for requesting this variance, Dr. Schuyler replied, "I want the porch to conform to the rest of the house." Mr, Sicard, "Has this been started?" Dr. Schuyler, "Yes, we have our footings in and it is up to the rafters of the roof." - Mr. Keller read the following letter: .2 3 0, "June 15, 1970 James W. Keller, Secy Zoning Board of Appeals Town of Queensbury Bay and Haviland Roads Glens Falls, New York Dear Mr. Keller: I am unable to attend the meeting of June 17, 1970 at which time the variance of the above is to be considered. Re: V-#160 J. B. Schuyler To decrease the road border of the property from five feet to eighteen inches on the Cleverdale road which is too narrow now, would crowd the increased traffic that now uses this road and make it more hazardous for both vehicular and foot traffic. To establish a precedence would only encourage more of the same variance requests as well as interferring with road resurfacing which this road so badly needs and is long overdue and the restricting of the flow of traffic which is now not able to pass two way traffic. I feel the board has always been fair, considerate and equitable in their decisions. I realize your decisions are not always pleasant. I would like to compliment all the board for their dedication to the public. I have been a dues paying member of the establishment and to the Town of Queensbury for more than twenty-five years, owning two camps at Cleverdale and the McDonald property at the Quaker road. I would be pleased if my opinion would be considered at this meeting. Very truly yours Ken Freebern K.H. Freebern" Upon request by Dr. Schuyler, Mr. Keller read ~he following letter from William J. Quinn, President of Quinn, Englert and Reilly, attorneys and counsellors at law, 148 Barrett Street, Schenectady, New York: "TO WHOM IT MAY CONCERN: Please be advised that the property located at Cleverdale, 231. Lake George, New York, abutting property owned by Schenectady First, Inc., has no objection to a variance allowing con- struction of a rear porch to the property owned by Dr. and Mrs. Bradford Schuyler. In the event an application is made for any such variance, please be advised that no objection will be made. Very truly yours, SCHENECTADY FIRST, INC. William J. Quinn President" In addition to these letters, Mr. Keller read the following: 16 Paris Ave. Hudson Falls, N, Y. June 14, 1970 James W. Keller..~ecretary-Zoning Board of APpeals " Town of Queensbury,Warren Co. N. Y. Dear Sir: I have received the notice of the meeting and public hearing which the Town Board of Zoning Appeals is holding on June 17 in regard to the application for a Variance of J. Bradford Schuyl~r. Since illness in my family requires me to be out of town on that date I am taking this method to state my objection to the granting of this Variance. I feel that the Zoning Board has done a real service to the community of Cleverdale and that their regulations should be adjered to. I have visited the area of this property and can see no reason whatsoever for abandonning the standards set by the Board to grant this to J. Bradford Schuyler. Yours truly Margaret Wetherbee" -- "June 15, 1970 Zoning Board Town of Queensbury Warren County Municipal Center Lake George, New York 12845 23r. Gentlemen: I am writing to you at the request of Mrs. Freda Tierney in connection with the application of Dr. J. Bradford Schuyler for a variance enabling him to construct an enclosed porch at the rear of a structure owned by him and located at Cleverdale, New York. This structure is immediately contiguous to a summer home owned by Mrs, Tierney on Lake George. Mrs. Tierney':wishes me to inform the Board that she has no objection whatsoever to implementation by Dr. Schuyler of his plan for the addition. Indeed, she wishes to be recorded as favoring this project. Dr. and Mrs. Schuyler have, through the expenditure of signi- ficant sums and oonsiderable personal efforts, transformed their summer residence into a truly lovely home. It is as well maintained as any fine home both interiorly and exteriorly and presents a most pleasing view from the Lake as well as from all land vantage points, Indeed, were the standards of excellence exhibited by the Schuylers in this area shared by all Lake George summer residents the aesthetic character of the developed areas of Lake George would approach that of the remaining untouched areas. -- Mrs. Tierney has personally inspected the plans for the proposed addition. She feels it to be in keeping with the highest standards of construction and is sure that it will further enhance the Schuyler home as well as the entire neighborhood. While Mrs. Tierney's prior commitments preclude her personal attendance at the public hearing it is her wish that this letter be given due consideration by the Board. To that end, her witnessed signature is affixed hereto. Respectfully, Gerard L. Conway Signed Freda S. Tierney Witness Barbara M. Flanagan GLC/bmf" There were no other appearances. The Planning Board recommended disapproval on insufficient grounds. The Board: - 23'1. RESOLVED: application for variance No. 160 by J. Bradford and Elizabeth Schuyler to oonstruct an addition to an existing dwelling on Cleverdale with an 18 inch side lot setback in an R-l zone be disapproved in that insufficient grounds for granting a variance have been shown. Mr. Kurosaka then read proof of publication for application #161 for variance of DUNKIN' DONUTS FRANCHISING CORPORATION for the following: Required lot size - 40,000 ft.----------Actual 14,840+ Required. setback - Front 50' - Back 50' - Actual Front 60' - Rear 41' Freestanding Signs-Required-Front 50'-Sides 50'- Actual - 0 ft. on property line on the property situated at Edward Wardwell property (United Rent-Alls) Upper Glen Street. Route 9. Town of Queensburv. Appearing on behalf of the application was Ralph Lauro who is with the firm of Dunkin' Donuts in the construction department. Mr. Lauro stated, "This is a part of a larger tract owned by Mr. Wardwell....,We would like to lease the front portion. We have a location in town in operation for approximately 10 years. With the highwa¿ work going on c:ß- ?a.. '(" "-\ V\":) 0.. '<' ~ now, we lost quite a bit~and it is inadequate. We would like to relocate this facility and construct a new and more modern type.,..contributing to the betterment along the highway. Basically, we would like to improve our site from what we have existing and relocate with a new modern facility and more adequate parking." Mr. Sicard, "How many in the new facility?" Mr. Laure¡. "A total of 16 cars." -- Mr. Sicard, "Would you lose any parking places with the loss of the road?" Mr, Lauro¡, "It is very tight. There are portions of 2J../O. of that property to the left facing the store that are leased on a 30 day basis. With the completion of the road, we will be narrowed down to 4 or 5 cars in the front of the store." Mr. Sicard, "How much frontage do you have?" Mr. Kenneth D, Warnock, Real Estate Director for Dunkin' Donuts, answered for Mr. Lauro, "We have 60' - space for 10 cars. It will create a problem for traffic backing onto the highway." Mr. Keller, "I would estimate somewhere between 200' for parking during your peak periods. You have an area in the present site where you can overflow. With the proposed site, I can see a worse problem, Ihave counted for the past 2 weeks and find 15 to 20 cars there each morning." Mr. Sicard, "Has the septic system been accepted?" Mr. Lauro, "Our engineer is working on it now. It would be a captive system; a system that does not leach. It is subject to the State Health Department's approval. We are having a perk test done." Mr. Warnock, ''We are hampered by this 30day month-to month lease. We try to keep an exit and entrance only type existence." R. Case Prime, attorney, appeared representing Mr. Wardwell, the landowner. He said the new structure would be an improvement over the present, much better designed and on behalf of the property owner, would be a general improvement of that area and a good way to keep Dunkin' Donut. in Queensbury. 1.1..{ \. Mr. George Liapes requested going on record~ as opposing the sewage system, saying it does not meet the State Health Department's requirements. Mrs. Roy Smith objected because of pollution. Mrs, Bergeron objects because of garbage that draws mice. The Planning Board recommended disapproval. The County Planning Board returned the request with no comment. The Board: '-" RESOLVED: application for variance No, 161 by Dunkin Donuts Franchising Corp. to construct a restaurant on Upper Glen Street on property owned by Edward; Wardwell in a C-3 zone, on an undersized lot, 14,840 sq. feet, undersized rear lot setback 41 feet, under- sized side yard setback 2 feet with less than the minimum yard dimensions, width 105.65 feet and depth 140 feet with an oversized non-conforming sign with a 5 ft. side yard and no front yard setback and an oversized roof sign be disapproved in that insufficient grounds for granting a variance have been shown. Notice of public hearing was read by Mr. Kurosaka for application for variance #162 by SPERRY AND HUTCHINSON COMPANY for an oversize sian on the face of the buildinq 85 square feet. and to locate a free standinq siqn 10 feet from the property line on the proPerty situated at Route 9 next to National Cash Register Buildina in the Town of Queensbury. Robert W. Setterlund appeared on behalf of S & H Company saying, "We would like to erect a free standing sign for this type of building." He submitted pictures to the Board. Mr. Sicard, '~ill this be a flashing or rotating sign?" Mr, Setterlund, "Neither.~.."The ordinance requires - 100 sq. ft. and we have calculated it and it comes to 98 sq. ft." ;u Mr. Kurosaka, "High level illumination?" Mr. Setterlund, "No," Mr. Kurosaka, "We have in the past required some applicants to turn off signs after hours. Would you object to this?" Mr. Setterlund, "No, we have a time clock system which is set for a few hours in the evening and could be shut off on Sunday." Mr. Sicard, "Are these signs already constructed?" Mr. Setterlund, "Yes, we have them ready but they have not been assembled." The County Planning Board returned with no comment. The Town Planning Board recommended disapproval. The Board: RESOLVED: Application for variance #162 by Sperry and Hutchinson Company to erect an oversized sign on the face of the building and a free standing sign with a 10 ft. front line setback and 2 ft. side yard setback on property located on Route 9 - The Green Stamp sign on the building be disapproved. The free standing sign is approved with a 15 ft. front yard and 15 ft. side yard setback in that this is the minimum variance required for reasonable use of the land. Reading of proof of publication for application for variance #163 by DONALD FULLER seeking permission to construct a four unit apartment house in an R-3 zone, permitted only in an R-5 zone. on the property situated at East Sunnyside Road. Jenkinsville. Town of Queensburv was the next item of business read by Mr. Kurosaka, Appearing on his own behalf was Mr. Fuller who said it would be an improvement in the neighborhood and that he had been to the neighbors and they have no objections. Mr. Sicard, "Is the 1000 gal. septic tank already in? Would you contact the Sanitation Department? Do you have 213. a letter of approval or disapproval?" Mr. Fuller, "I think you have the letter where the State accepted the system," Mr. Keller produced the approval. Mr. Ellsworth, !Is this near a brook anywhere?" Mr. Fuller, "No." There were no other questions or opposition. The Town Planning Board recommended disapproval saying they cannot grant this as there must be a change in zoning and that Mr. Fuller may approach the ~.~2~~ft.t~Board if he wishes. The Board: RESOLVED: application for variance No. 163 by Donald Fuller to construct a four unit apartment in an R-3 zone on property located at Sunnyside Road and Jenkinsville Road be disapproved in that insufficient grounds for granting a variance have been shown. Proof of publication was established for application for variance #164 by ROBERT AND RUTH O'CONNOR wishing to build on a 50 foot wide lot in an R-4 zone instead of 75 feet as required on the property situated at the east side of Glen Lake. off Fitzgerald Road, Town of Queensbury. Mr. Michael J, O'Connor appearing on behalf of the application as attorney and son of Mr. and Mrs. O'Connor, stated, "We are asking for a simple variance, We meet all requirements except for the frontage. We have the square footage, but we do not have the frontage. The 2 lots, if this is permitted, one on each side of this new lot, will be owned by the applicant at the time. Notice was sent to all owners wi thin, 500 feet. I have a petition signed by 19 people consenting to the granting of the variance. It is necessary for the reasonable use of the land and is the :J. 'i'l. minimum variance that will accomplish the purpose." People not contacted were Messrs. LaVoy, Zacks, and DePoll. The petition follows: "We, the undersigned, know the property of W. Robert O'Connor at Glen Lake and understand that he has filed an application for a variance concerning said property. We understand that Mr. O'Connor wishes to divide a lot with approximately 200' depth and 100' width into two lots with approximately 200' depth and 50' width, so that he might build a residence on what would then be the southerly lot of the two. We consent to the granting of the variance as applied for, believing that it is in general harmony with the restrictions established for the area of the lot and that the granting of the variance is neoessary for the reasonable use of land in question and that the variance as requested is the minimum variance that will accomplish this purpose. '---' Robert J. Newton, Sr. Edith R. Hughes Robert J. Hughes Edmund A. Rainville Sr. Angela C, Rainville Anna Mae Barton Wm, H, Barton Floyd H. Rourke George F, Johnson William J. Harris Jean W. Harris Glens Falls Real Estate Co., Inc. by: Robert J. Nolan, Pres. John Aevaniu (spelling?) John W. Gardner Rachel Kubricky Sah Ance (spelling?) Irene Monrian Harold L. Hillis Barbara G. Hillis" Mr. O'Connor restated the request, saying it was the minimum variance that would accomplish the purpose for which they were asking, further stating that it would not be injurious or detrimental to the neighborhood or the Town, He submitted a 1926 map showing the property broken down into 50 foot lots, saying the whole Lake was developed on 50 foot lots and that they were not asking for anything exceptional to the neighborhood. The septic system has been approved by the State Department of Health. There was no oppo$ition. The Planning Board recommended disapproval saying it would be granting 2 non-conforming lots. The Board: J. L.¡ 6-: (with C. O. Sicard, A. Ellsworth, and G. Kurosaka voting for and J. W~. Keller against) RESOLVED: application for variance No. 164 by Robert O"Connor to create two non-conforming lots with lot widths of 50 feet from an existing lot located on Fitzgerald Road at Glen Lake be approved in that the application is in general conformity with the restrictions established in the area. The final item of business was reading of proof of publication for application for variance #165 by JAMES STEVENSON who applied for a front yard setback of 25 feet instead of the 30 feet required. on the property situated at Stevenson Road. in the Town of Queensbury. Mr. Rodney Stevenson, father of James Stevenson, appeared;an his son's behalf saying, ''We are asking to align the 3 buildings. This is a limited access road and there is only one other family living on this road, Also at the rear of the house is a brook which passes very close making it difficult to set it back for depth." Mr. Sicard, "Are you building the house? Roof rafters up?" Mr. Stevenson, "Yes, it is practically up." Mr. Sicard, "Does the Town of Queensbury maintain the road?" Mr. Stevenson, "About 18 or 20 years ago." Mr. Liapes, "It is a town road," Mr. Sicard, "If the town maintains it in the summer, it is a town road. When did you become aware that you needed a variance?" Mr. Stevenson, "The Building Inspector visited me and advised me that I was too close to the road." .2 4 to. Mr. Sicard, "You did build with a building permit? 35' or 25'?" Mr. Liapes, "Because of the brook, Mr. Stevenson did use his best judgment in moving it away from the brook." Mr. Sicard, "How close is the house to the brook?" Mr. Stevenson, "8 feet." Mr. Sicard, "How close is the septic system to the brook?" Mr. Stevenson, "30 or 40 ft - fields are from the brook." Mr. Russell Harris, ""....All I know is that Rodney never did get a permit. I assumed that before they get a permit that they would have to establish the line. From now on, they should make absolutely sure before they issue a building permit." "What is the required setback now?" Mr. Phillips, "New buildings have to be 30 feet regardless." Mr. Gordon Wakely, "It is the only house on the road (mine) except Stevenson. I can see no objection where the house is." There was no other opposition. The Planning Board approved as it would create a hardship. The Board: RESOLVED: applicatiòn for variance No. 165 by James Stevenson to construct a single family swelling on Stevenson Road in an R-3 zone with a front yard setback of 25 feet be approved in that the proposal is in general conformity with the established restrictions in the area. In the matter of new business, Mr. Keller made the following motion: "1 move that we amend the application form and add ¡he applicant must ' the following statement:/ State the grounds within the ;.J.,f'1. framework ~ß the Town of Queensbury Zoning Ordinance for granting the application. The applicant shall enclose in triplicate any substantiating evidence, also a scale plot plan shall be submitted in triplicate." The motion was seconded by Mr. S±card and carried. There being no other business to come before the meeting, upon motion duly made, seconded and carried unani- mously, the meeting was adjourned. Secretary '-