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1972-04-15 Ì' 3. MINUTES of the Public hearing of the Zoning Board of APPeals of the Town of Queensbury held on .~ril 15, 1972 at 7 : 3 9 P.m. There were Present: John Fitzgerald Charles Hutton Charles Sicard George Kurosa.k:a Richard SandesPree being the members of the Board. On a motion by Charles Sicard, seconded by Richard SandesPree, the minutes were aPProved. Mr. Fitzgerald, the chairman, announced that old business would be held until the end of the meeting. In the matter of new business, Mr. Fitzgerald said because of the number of PeoPle aPPearing for the Public hearing regarding SPecial Permit #32, that item would be con- sidered as the first business. After Mr. Fitzgerald established Proof of Publication for the board to consider the aPPlica- tion for a SPecial Permit #32 of CLIFFORD B.WITHAM TO .é'LACE A MARINA ON THE .t"ROtERTY SITUATED AT ROUTE 9L, LAKE SHORE DRIVE. WARNER BAY. TOWN OF QUEENSBURY, Clifford B. Witham a~Peared and said because the Planning Board meeting was PostPoned from the first Wednesday, the County Planning Board did not have an oPPortunity to review the aPPlication, or the recommendation of the Town Planning Board. The Town .é'lanning Board returned the a~Plication with the comment that no action should be taken by the Zoning Board of APPeals until an accurate site Plan be PrePared.... Mr. Fitzgerald said he was willing to listen to anyone who aPPeared under the circumstances; however, the Board ~ was not bound and must return the matter to the Town Planning Board for their consideration when the additional information is submitted. He said the Board was PrePared to record any feelings Pro or con in order to save the inconvenience of returning to the next meeting. The following PeoPle aPPeared and their comments are recorded on taPe (filed in the Town Office Building): George Maxwell John Quirk Ronnie Romer John Glass John Sinnott David Davis John Brown Ken Nasholds Phil Sovetts A show of hands indicated ~Proximately 80 PeoPle were also Present to record their oPPosition. Mr. Arthur Norton, secretary of the Queensbury Planning Board told Mr. Witham that they were a recommending board.....they cannot change the aPPlication and that it had been legally made to the Zoning Board....giving a coPy of their recommendation to Mr. Witham was a courtesy and not a decision. Mr. Fitzgerald said the Board would adjourn this aPPlication until the May meeting at which time the Board would have a recommendation from the Town and County Planning Boards....if the aPPlication is on the agenda, the Board will take action....if the aPPlication is withdrawn and amended, the Board will take action at that time. Mr. Fitzgerald then read Proof of Publication for aPPli- cation for Variance #225 by CLARENCE DAGGETT FOR THE EXPAN- SION AND COM~LETION OF A NON-CONFORMING EXISTING STRUCTURE (FORMER CAM~BELL ~RO~ERTY) SITUATED AT CONNECTICUT AVENUE, TOWN OF QUEENSBURY. R. Case rrime, attorney for Mr. Daggett, had been ~resent but left because of the Previous Witham aPPlication. APPearing for the aPPlication was Clint CamPbell 7.5: who said Mr. Daggett ~urchased the ProPerty from him in October, 1971. Mr. CamPbell started the construction for a friend who subsequently had a fatal heart attack. Conse- quently, the building was never finished. The Planning Board a~Proved saying it would imProve the Present ProPerty. The Board: RESOLVED: Variance #225 by Clarence Daggett for the exPansion of a non-conforming existing structure situated at Connecticut Avenue, Town of Queensbury be aPProved on the grounds that this in in general con- formity with the intent of the Zoning Ordinance. Proof of Publication was then established for request for ENLARGEMENT 3-20-72 BY CLARENCE DAGGETT FOR AN ADDITION TO THE EXISTING BUILDING ON WESTERN AVENUE AND PAUL STREETS, 1Ql.N OF QUEENSBURY. The rlanning Board aPProved with the Provision that this be no more than 50% of the original. Mr. LiaPes stated that (totally) it would not be over 50%. The Board: RESOLVED: Enlargement #3-20-72 by Clarence Daggett, Western Avenue, for the enlargement of a building 20' x 56' be aPProved with conformity of the Town Planning Board since this is less than 50% enlargement. Noteback: Letters from t he State of New York DePartment of Environmental Conservation, Albany; The Nature Conservancy Adirondack Conservancy Committee; and Mr. and Mrs. K. W. Nasholds objecting the installation of a marina by Clifford B. Witham are attached to these minutes. Mr. Fitzgerald then read Proof of Publication for request for Enlarqement #3-22-72 BY ALGER C.MASON TO ADD 3 MORE 24 x 32 RENTAL UNITS TO THE TAKUNDEWIDE COTTAGE COLONY AT CLEVERDALE (BRAYTON ROAD), TOWN OF QUEENSBURY. There were no aPPearance for or against. Mr. LiaPes 76. told the Board that Mr. Mason has one Previous enlargement (3 units aPProved in 1969). The Planning Board aPProved saying it is still within the 50% exPansion Provision. Mr. LiaPes submitted the Plan for the Board to study. The Board: RE~OLVED: Enlargement H3-22-72 by Alger Mason (Tak- undewide) Cleverdale, for the enlargement of a cottage colony be aPProved with conformity with the Town Planning Board since this is no more than 50% enlargement. In the final matter of new business, Mr. Fitzgerald read Proof of Publication for request for a Variance #226 BY PHILlr H. HART TO ~LACE A SUILDING FOR A RESTAURANT LESS THAN THE REQUIRED 50 FOOT SETBACK. THE ~R().t"ERTY IS SITUATED ..ß.T THE CORNER OF BAY AND CRONIN ROADS, TOWN OF QUEENSBURY. Mr. Kurosaka disqualified himself from the Board as having an interest in the a~Plication. An oPinion from Town Counsel Harold W. Katz was noted and Mr. Hutton rePorted that the Town Planning Board aPProved but were concerned about screening along the Cronin Road. Phili~ Hart aPPeared on behalf of the aPPlication saying he would be running a restaurant and cocktail lounge. When Mr. Sicard asked about the screening, Mr. Hart said it would be redwood fencing. Mr. LiaPes said the county is Planning on acquiring 80 ft R.O.W. on the Bay Road side and would take about 15 ft. on Mr. Hart's side. When Mr. Sicard noted recent Purchase of the lot, Mr. Hart said it had been in February. Gary Moon aPPeared in oPPosition saying it would be too close to the Cronin Road. Mr. Fitzgerald noted that Mr. Hart had created his own hardship saying he knew the ProPerty was too narrow to 77, accomPlish his PurPose. --... There were no other aPPearances. The Board: RESOLVED: APPlication for variance #226 by PhiliP H. Hart to Place a building less than the required 50' setback on Cronin Road, Town of Quee?nsbury, be dia- aPProved since sufficient grounds of-hardshiP have not been shown. Note: Mr. George Kurosaka disqualified himself from the voting. Mr. Fitzgerald noted that the aPPlication for variance #220 by VERMONT INTERNATIONAL PETROLEUM should be considered as new business. APPearing on behalf of the aPPlication were John Hendley and Gilbert Maile. Mr. fitzgerald asked 1f they had '" 601, aPProval of the adjoining ProPerty owners and Mr. Hendley rePlied that the PaPers were with the brokers. Mr. Fitzgerald said the Board could go ahead wrth the Public hearing but could not take any for.mal action until they had the 601, substantiation. He read the section of the ordinance relating to this requirement. Mr. Robert Eddy, chairman of the Beautification Committee, requested Plans for landscaPing be submitted to that committee before the meeting of the Zoning Board of APPeals in May. The Planning Board aPProved with no comments. Mr. Hendley stated it would be a filling station only - no services - with hours from 6:30 A.M. to 10:00 P.M. '--......... Ted Zoli and Ben Aronson, adjoining ProPerty owners, aPPeared asking questions regarding Plans for the station. When Mr. Fitzgerald asked about future aPPlication for a sign, Mr. Hendley said any signs would be fully conforming. The Board: RESOLVED: Variance #220 by Vermont International '18 Petroleum be held over to the May meeting to Permit aPPli- cant to submit additional information. "--' In the final matter of old business, Mr. Fitzgerald disqualified himself from the matter of SPecial Permit #31 by KA1DOIL COM~AlY and Mr. Sicard, acting chairman, read a letter from Kenneth M. Reed, Manager of ~lans and ~ermits for Kayo ~il Com~any saying they were withdrawing their aPPlication for Permit to construct a service station on Quaker Road. On a motion by Mr. Kurosaka, seconded by Mr. Sicard, the meeting was adjourned at 11:00 P.M. ~/#- Secretary ',---, '~~ ..... , STATE OF NEW YORK DEPARTMENT OF ENVI RON M ENTAL CONS ERVATIO N ALBANY HENRY L,DIAMOND COMMISSIONER '". December 10, 1971 Dear Mr. Borth: I am pleased to acknowledge receipt of your letter of December 6, 1971, and the map showing lands proposed for acquisition at Dunhams Bay on Lake George. "-" We have long considered this wetland area to be of prime importance and I welcome the opportunity to participate with The Nature Conservancy in an effort to preserve the marsh and its immediate environs. Accordingly, I am asking our Bureau of Real Property to prepare appraisals of the fourteen properties involved. Henry F. Gannon, Chief of the Bureau, will probably be asking you for any deeds or other information you may have. ;:£~)(-O Commissioner Mr. Donald M. Borth Attorney at Law 23 Library Avenue Warrensburg, New York 12885 ~ ç~ , . " .. að. L THE NATURE CONSERVANCY ADIRONDACK CONSERVANCY COMMITTEE To the Town of Queensbury. Members of the Board of Trustees Members of the Zoning Board of Appeals ~embers of the Planning Board Gentlemen I ~ Transmitted herewith is a copy of a letter trom Commissioner Henry L. Diamond to Donald E. Borth, Attorney for the Adirondack Conse~'ancy Committee's. Dunham's Bay Marsh Acquisition Project. This letter clearly expresses the desire of the Department of Environmental Conservation (DECj to preserve these marshlands for the people of the State of New York. Since reoeiving this letter we have been ~dviaed by DEC thst they went us to acquire all of the wet- land bordering Dunham's. Harris end Warnèrs Bay's. At the present time the State is appraising the fair market value of the individual privately owned parcels for guidance of the Adirondack Conservancy Committee. This letter and background information is being forwarded to you as these plans have a bearing on applicat- 1Jone for;' variances. building permits and etc.. in these marshlands. Our immediate concern involves the application ot Mr. Clifford Witham tor a variance to permit a combined Marina ,end Real Estate commercial operation. on property which he owns bordering Warners Bay. Yours very truly, <iIy~ø~ Lysle w.. Morton, Chairman Dunham's Bay W.arsh Acqusiition Project Adirondack Conservancy Committee ~ /" ,/'''1> \..... \.- ""--, ';"~';"'" ... - . --," ,"',-~~!"I""'. <j I. .,AprU ,~:2, 1972,~ ;,",: '1 ì'~ .' , Town of Queen.burg Planning Boe 'd Town of Queensbury Offices Bay Road Glens Falls, New York Gentlemen: I wish to submit my objection tl the granting of 8 permit for the building of a multi-dock installation 1n [qsrner Bay along Route 9-t as proposed by Cliff Whitham and 1s 8 subject , f this Planning Board meeting. My reasons for objecting to thi:, installation are as follows: 1. There is 1nsuff:l.cient hnt for the necessary services of multi- docking or commercial docJlng. 2. The traffic congestion on the two-lane highway 9-L would be haz. ardous and create a ssfet) highway problem. 3. There is no need for anotl:!r marina or commercial docking £(;lc111. ties on tl1arner Bay a8 thel! are already three such commer'Gial estab11.shments including t 1e 'tOPlIZ, Wards and Warner Bay iJoat ' Storage. There is a very 'rtrge marina .H mile or so south on 9-t at Harris Bay. 4. There is over..popuht1on (>:: boats now during the boating season not only in Warner Bay but also the adjoining Sandy Bay mId even Harris Bay. Further over~' Jopulat:f.on can only lead to hEl~wrdous and undesirable condition:., S. Further multiple docking ( add to the pollution of L; this already over-populat¡ additional new commercial should be denied. commercial doddng in Warner ,1:18Y will :e George by the additional trl1ffic in are¿l and for this reason alorw Elny \arina or commercial docking facilities By the way ()f comment, a large f rcentage of property mmel'S in this area are set1sonÐl residents and anot!: r appreciatHe percentage lU,'e s.:'eond-home or part-time property owners and tax payers. It is difficult to have /-..~.-~ \.- "'-' "-... ~.: 'j). ..2- large numbers turn out for a public hearing. Telegrams and letters to my knowledge have been sent to the ow York State Environmental Commission in Warrensburg objecting to clockin~ permits and telegrams have been addressed to this Planning Doard which a1J should be considered in lieu of their presence at this hearing. ;;~ * KWN/wef t ., ß t, . Yours ,ve~y t~uly. Jí~;¡ilh Mt: &~~. K. W. He.bolds I "'I':~ 83. Jown 0/ Queenðbup'1 QUEENSBURY TOWN OFFICE BUILDING , '"'-" BAY AT HAVIL.AND ROAD, R. D. 1 GL.ENS FAL.L.S, NEW YORK, 12801 TEL.EPHONEI (518) 793·2555 '- , DK"A"TMINT April lp, 1972 Hon. George P. Liapes Building Inspector Queensbury Town Office Building (. Glens Falls, New York 12801 Re: Philip H. Hart Application for Variance No. 226 Dear Mr. Liapes: We have reviewed the Application for Variance and plot plan together with all related information in the above-referenced matter, as requested. "'--- This application is governed primarily by Sections 5.102, 5.301 and 5.304 of the Town of Queensbury Zoning Ordinance regulating corner lots. Section 5.102 refers to obstructions to vision on corner lots and the location of buildings, thereon with relationship thereto. The. plot plan indicates that Mr. Hart's building location complies with this requirement. The location of Mr. Hart's proposed building also complies with Section 5.304 since it proposes to front on Bay Road, which is the wider of the two abutting streets. However, the building location does not comply with Section 5.301 which requires that a side street setback line shall not be less than the minimum front yard required on any adjoining lot fronting on the side street. Since the minimum f~Qnt yard required on lots fronting on Cronin Road is 50 fee~, the setback of 35 feet proposed by Mr. Hart would require a variance from the Zoning Board of Appeals. <., HWK:vh ~ROLD W. cc: Hon. G. B. Solomon Hon. Zoning Bd of Appeals own COWlsel Mr. PhiliD H. Hart A PROGRESSIVE COMMUNITV-:-,.I\ BETTER PLACE TO LIVE.. .WATCH QUEENSBURY GROW '---" .':"-~''''''''''':''~'''' - &"""'"~ - - ~ .L COMPANY TELEPHONE 615/266.2134 . 1221 EAST MAIN STREET. CHATTANOOGA. TENNESSEE 3740S JACKW:' CHANDLER. PRESIDENT WILLIAMF'. KISLING. EXECUTIVE VICE PRESIDENT ,WADEL: ROLEN. VICE PRESIDENT-OPERATIONS DOCK GRAY. VICE PRESIDENT-DEVELOPMENT 'WILL,IAM M. McMAHAN. CONTROLLER-TREASURER April 13, 1972 TOWN 0... QUEEN8BURY ÆEOEIYE [[J) APR 1 7 1972' , A.M.. ' . .' " P,M. ..1ßBI!I1.qt}j1?f H ~I "11p.tf~ 6.