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1970-10-21 ;). &' \. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on October 21, 1970, at 7:30 p.m. There were present: John Fit2ígerald Charles Sicard George Kurosaka Gordon Streeter Charles Hutton being the members of the board. After Mr. Fitzgerald announced the names of the two new members of the board, he offered the minutes of September 16 (with three ongoing members being present) to be accepted. On a motion by Mr. Sicard, seconded by Mr. Kurosaka, the minutes were approved as offered. Mr. Fit2ígerald requested the public's indulgence in his checking on old business before beginning the public hearings. Mr. Fitzgerald, "Are there any appearances regarding Special Permit #20 by Sun Oil Company?" (There were none.) "Until they are cleared with the highway department, we will. not make any decision on their request." There were no appearances for Special Permit #21 by William Barber. With reference to variance #179 by William Miner, Mr. Fit2ígerald said, "This has been referred to our town attorney, but due to a death in his family, he has not made a recommendation. This will be adjourned until our November meeting." - :J. g' 0.. - 2- Mr. Fitzgerald proceeded to the matter of public hearings and read proof of publication for Special Permit #22 by HARRIS BAY DEVELOPMENT CORPORATION to construct a boat storage building in an R-3 zone on the property situated on the south side of Harris Bay and the south side of Route 9L. Town of Queensbury. Mr. Fitzgerald passed out copies of the plot plan to the board, showing the proposed building. (At this time Mr. Fitzgerald told the assemblage that Mr. James Keller, former secretary of the Zoning Board of Appeals was no longer a member of the board as of October 15, 1970,) Appearing on his own behalf was A. Robert Stewart. C. B. Tomlins, property owner on Assembly Point of land adjacent to the Harris Bay Developmen,t Corporation, asked the following: "Was notice given to the Lake George Park Commission, Lake George Association, Assembly Point Association, and the Office of General Services (Conservation Department)?" Mr. Fitzgerald, "We are required to give notice only to a.limited number of property owners. Public notice is published in the paper. Nothing in our zoning ordinance requires us to notify any other boards or bodies." Mr. Tomlins complained about pollution and commer- cialism in a residential area. When Morton Hollendar voiced confusion about the application, Mr. Fitzgerald invited him to come forward and study the application. Further remarks about public notice caused Mr. Fitz- -- gerald to state the following: "There is no provision in our law for gi vinq¡r-:- , them' ;?~.3. -3- notice. We have to send legal notice to the adjoining property owners. We publish a notice in the newspaper again at town expense and that notice was made in the Glens Falls Time and the Post Star. Notice has been given accor- ding to our zoning ordinance. We are not required to give notice to any other bodies." Mr. Stewart, "This building that we are contemplating would be back of the setback line and in front of the existing bui Iding . . . . . the Jong way would be back:: north and south, height, 20ft.....from a general consensus, we have tried to make a very presentable picture for Lake George and as far as this building goes, we would do the same." Appearing for Mr. Tomlins was Mr. Gemmette, attorney from Schenectady, who re-stated Mr. Tomlins' fears regarding pollution. Richard Bartlett, attorney for Mr. Stewart, stated for the record, "We have sent written notice to some 13 property owners in the vicinity...I can simply say that everyone I have talked to both who live in the area and others say he (Mr. Stewart) has made the property very attractive...the building would be used to store boats now docked in the marina...the erection of this building by itself would not have any effect on additional boats... the point was raised that the docks may be encr·oaching on the property of the State of New York...there is a question about the lot lines on lot #38 and this has been in dispute.. there is a question regarding floating docks....I don't know '- :l g^{. -4- what the answer is to those problems....O.G.S. still has the matter under advisement...we are asking simply for permission to expand our facility to store boats on the south side of the lot....at least 100 ft from the center line of the road....l think Mr. Stewart advised the Planning Board that that would be the minimum distance...He advises he will put it back farther than that...We have endeavored to comply with the letter of the law and also the spirit." Mrs. Dorothy Ne&bitt asked about pollution from addi- tional boats. Mr. Bartlett, "We had sewage disposal approved by the State Health Department...it would be pumped some 1200 ft. to the high ground 80uth of the highway and the extreme end of the property....the system is greatly over-designed and our usage could not possibl}'i tax its capacity....we have no power to regulate the use of the Bay....As to the property itself, we have taken very substantial steps to comply with the law and to eliminate any pollution of the Lake." Mr. Streeter, "Are most of the docking facilities that you have already contracted for?...A boat storage building would be better for all concerned if you are contemplating handling only the people who are already there? ....otherwise, they would have to go to some other company?" Mr. Stewart, "Yes, they are to accommodate the customers that we now have at the Yard Arm." There were no questions from Messrs~ Sicard, Kurosaka, or Hutton. Letters from J o8'eph W. and Mary C. Shay and James .:) 8' b, -5- H. Collier are attached to these minutes. The Planning Board approved the application without any comments or questions. A report from Joseph Werblow, chairman of the Warren County Planning Board, indicated that they approved. The Board: RESOLVED: Application for special permit #22 by Harris Bay Development Corporation is approved on the ground that the use is in harmony with the surrounding area and not injurious to the neighborhood or detri- mental to the public welfare. In the matter of Bush's Suburban I.G.A. request for enlargement of non-conforming use, there were no appearances for or against. Mr. Fit~gerald, "I have a plot plan and a note from the Queensbury Planning Board approving this as being within the 50% expansion of the zoning ordinance." Roy Phillips, "I should like to direct your attention to the photo and the condition of storage of the refuse at the back of the building. The object of the addition is to store this and enhance the _ppearance." The Board: RESOLVED: in concurrance with the Queensbury Planning Board, the application of Bush's Suburban I.G.A. be and hereby is approved. Mr. Fit~gerald read proof of publication for application for variance #180 by McDONALD'S RESTAURANT requesting a sign variance of 10' front yard setback and 0' sideyard setback on the property situated at Route 9 - Miller Hill, - west side. Town of Queensbury. .) 8' (,. -6- Appearing on behalf of the application was Kenneth Stephany, manager, and assistant manager, Mr. Winslow. When Mr. Streeter asked if this were a similar situation to Minit Car Wash, Mr. Fitzgerald replied, "Exactly, We gave a notice of public hearing which was mailed out to all the adjacent property owners." Mr. Stephany, "The only thing I have to say is that we are offering this application because the State contends that we are on their property. We are putting the appli- cation in in case the State is wight and we are wrong..... We are submitting our application to move it from the front to the back pillar; the back will be our front, just 2 feet off the line. If the State is wrong, we will leave it where it is." Mr. Sicard, "Would that be the same sign?" Mr. Stephany, "You will be getting plans for the remodeling of our building which will shock you, within a year's time. If everything goes right, they will put $100,000.00 into the remodeling." The Planning Board approved on the grounds that it is the State's relocation of Route 9. The County Board approved on the grounds that it be no more non-conforming than before. Mr. Streeter, "In your (Mr. Stephany) recollection, has there been any accidents involved with this sign?" Stephany, "None." '- There were no other appearance for or against the application. .;{ ð" '1 . -7- The Board: RESOLVED: application for a variance #180 by McDonald's Restaurant to move an existing sign be approved on the grounds of hardship vested by the relocation of the adjoining highway. When Mr. Fitzgerald asked for any appearance on old business, he advised the board that if no one shows by November for Sun Oil, the board will dismiss the application. There being no further business, upon motion duly made and seconded, the meeting was adjourned. --c-~ ;-~ Secretary '- .:l'l{. 8385 Vassar Drive Manlius, New York 13104 October 20, 1970 Mr. John Fitzgerald, Chairman Zoning Board of Appeals Town of Q:u.eensbury Warren County, New York Q:u.eensbury Town Office Building Bay at Haviland Road RD #1 Glens Falls, New York 12801 SUBJECT: Request for a special permit of the Harris Bay Development Corp. to construct a boat storage building on the south side of Harris Bay and RT 9L, Town of Q,ueensbury. Dear Mr. Fitzgerald: As property owners on Harris Bay, we would like to express our opposition to the granting of the above. The reason being that we feel it will further dilute the natural beauty and ecology of Harris Bay. We feel this has already taken plan to a strong degree due to the activities of this corporation in 1970 on that bay. Very truly yours, ~~~ar~~!4 JWS: cc ~ .:? 8"'1. COLLIER REALTY REAL ESTATE AND INSURANCE '-' 14 STATE STREET EX 3·1394 SCHENECTADY, NEW YORK October 16, 1970 zoning Board of Appeals Town of Queensbury Queensbury Town Office Building Bay at Haviland Road, R.D.l Glens Falls, New York 12801 RE: Public Hearing-October 21, 1970 Special Permit of _H-ªr!:i§. Bay ~eyelo.Qm~nt £o£p~ _ _ Dear Sirs: ~ The undersigned is the owner of approximately 20 acres of land immediately adjacent to the property in question and I would like to state that I have no objection to the construction of a boat storage building. I would also like to compliment the Harris Bay Development Corporation for the fine manner in which they have developed their property and express my appreciation for the fine services they are providing for the residents of the area. Very truly yours, ~~ULr c:fiames H. Collier JHC: j p cc: Mr. Robert Stewart Pilot Knob Boat Company Pilot Knob Road Lake George, New York TOWN OF QUEENSBURY [Æ fE (OJ [E ~ W [E [D) OLI 1 Ð 19ïO .,-, A.M. P.M. 71~1~ll.~1,111t t I~I? 111f?1? !