Loading...
1983-04-20 ;;L~ Regular monthly meeting of the Queensbury Zonin g Board of Appeals was called to order Wednesday April 20, 1983 at 7:30 P.M. by the Chairman, Mr. Cornwell. Present: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell, Mrs. Richardson and Mr. Mills Absent: Mr. Sicard Because the minutes of the March meeting were late arriving and copies could not be made, the board members made the decision to wait one month for approval so they would have ample time to read them. VARTANC.F. No. R1R - Prpm;PT Rro~ñr~~t;np c.orn. west side Everts Ave. represented by Mr. Cawley. Mr. Cawley mentioned that the plans were for a radio broadcasting station on one-half acre lot which will be divided off existing 4.86 acre parcel, instead of the required one acre lot. Mr. Cawley explained the W1re system expanding from the tower. Chairman asked if the ground wires would remain or would they have to be dug up with Mr. Cawley said they would have to remain there. He explained the broadcasting system to be used by the new station. Mr. Mills asked Mr. Cawley if the FM would be in the same place as WBZA is located. Mr. Cawley said no that it would be located in Fort Ann. Chairman asked if it was the intention of Premier to use the same broadcasting tower as WBZA with Mr. Cawley saying yes. Chairman then asked if it would be AM only Mr. Cawley said yes. Mrs. Richardson questioned the proposed size of the building which was then described by Mr. Cawley. Mrs. Richardson then asked how many square feet the building would be with Mr. Cawley answering 2,100, 30' wide and 70' long. Chairman asked if it would face Everts Ave. with Mr. Cawley answering yes. Chairman reminded the board that the only thing to be considered was the variance to consider 1/2 acre instead of one acrein industrial zone. Mr. Mills asked if the building had to be so close to the tower itself. Mr. Cawley said that itis not a question of closeness but if we were to have more land, we would cut off the ground system, the copper wires that extend out. They must extend out the same distance that the tower is high. If you were to cut off the southeast side of them, then your signal would go wrong. '-~ Mr. Mills said he understood that, but is it an absolute necéssity that you sit on the same property as the other station. He mentioned other properties in the area where the building might be located. You don't have to be that close to the tower itself. Mr. Cawley said this all carne from WBZA what land they would give to them. The FCC also had something to say with the decision where to locate. ~ /~ Page 2 April 20~ 1983 - Mr. Cawley said the transmitter would be located either in the building or at the foot of the tower., The transmitter must be at the source either at the tower or usually within a couple hundred feet. He mentioned that their transmitter would probably be inside the building itself.. Mrs. Richardson asked if it might be easier to have the building located on the property but it is possible to locate it miles away. Mr. Cawley said you can remote control yes~ it could be done but we are licensed to operate at certain location. Explained the rules of operation. Chairman mentioned the swampy area which is an asset in this case, Chairman then asked if they intended to use the tower or same antenna. as Mr. Curley for the AM signal~ Mr. Cawley siad yes. Chairman opened and closed the meeting to the public. The Queensbury Town Planning Board recommended approval along with the Warren County Planning Board. Motion by Mrs. Richardson~ seconded by Mr. Griffin~ all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals approves Variance 818 as a practical difficulty has been shown and it would not change the present character of the area involved. Approved. VARIANCE No. 819 - Douglas E. Lamkins - 192 Sherman Avenue Mrs. Lamkins represented the family stating that they wanted to put a swimming pool in their yard, and in this case it had to be the front yard since they realy had no rear yard. Chairman interjected that this particular house has a problem~ it has three (3) front yards. He then asked if the pool would be an in-ground or above ground pool, the answer was it would be inground and would be fenced. Chairman then asked if this would interfere with the drain field~ the answer no~ it would not. Mr. Griffin asked what kind of fence would be erected~ answer was 6' stockade. Chairman opened the meeting to the public and then closed it. The Queensbury Planning Board recommended approval. The Warren County Planning Board hand no opinion. Motion by Mr. Turner~ seconded by Mrs. Richardson~ all voting affirmatively~ RESOLVED that the Queensbury Zoning Board hereby approves Variance 819 as the practical difficulty of basically no back yard has been shown. Approved. 02./ 7 Page 3 April 20, 1983 VARIANCE No. 820 - Ralph and Susan Bardin - Off Stone Schoolhouse Road Mr. Bardin represented himself. He stated that he wanted to construct a single family dwelling on a lot that does not front on a public road on property he purchased situated off Stone Schoolhouse Road. He mentioned that he has tried to obtain more land but it is impossible. He mentioned that there is an old abandoned road leading into the general area but that it ends before it reaches his property. It is an abandoned Town road. He said that he was told there was a way to get around the variance, that would be to acquire 15' to get to the present old road. In order to do this he has to acquire 13 acres of land which would be another $9,000. He mentioned he already has approximately $16,000. in the property. He was asked how many acres he owned and he answered about16, noe fronting on the road. He mentioned coming into the Building Department before but Mr. Lynn couldn't remember him. He has also been to see a lawyer. He as spoken to Mr. Nailor and he wasn't interested in the road at all. He mentioned again that he would maintain the road. It was also mentioned that it would be a serious problem if the building were in there with no access to it by say the fire department, emergency squad etc. A suggestion was made that possibly if this request were approved that it could have a stipulation whereþy Bardin never would request that it be maintained by the Town. Chairman asked if when he bought the land did he buy it just a.sland,oré<as a buildable lot. Mr. Bardin said he bought it as a place to build his home. He was under the impression he wouldn't have any problem in building, that is why he bought the property. The Question of a search on the property was brought up. Mr. Bardin said that Mr. Nikas, the lawyer, did the search. Mr. Bardin was asked if it was Mr. Nikas opinion that this was a buildable lot. Mr. Bardin said it was his opinion that he could, he had been to the Building Department and the Adirondack Park Agency to see if they would approve. This was all two years ago. Mr. Bardin said the Town Board mentioned that he should buy the 15' of road frontage and go for a site plan but it just means spending more If it were known before of all the problems, he would have bought property elsewhere. Chairman mentioned getting together with neighbors and then deeding the property to the Town but Mr. Bardin said the Town, Mr. Nailor, didn't want any part of this. It was mentioned by the representative from the Building Department ,that mqny lawyers and real estate paople do not know that a right of way is not legal frontage. Meèting was opened to the public and then closed, no one present either for or against. ¡tr ~í d. / S Page 4 April 20, 1983 Queensbury Planning Board recommended 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. Warren County Planning Board did not concur with the Queensbury planning board since the applicant has a deeded right of way giving the applicant reason to believe he could build a home there. Motion by Mr. Griffin, seconded by Mr. Turner RESOLVED that the Queensbury Planning Board approves Variance No. 820 on the basis that a practical difficulty has been proven by applicant. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Mills No - Mrs. Richardson, Mr. Cornwell Approved 4-2 VARIANCE NO. 821 - James E. 011dekerk, Jay Road Glen Lake Mr. Oudekerk was present and respresented himself. He said he wanted to construct a one~cara1r.taç:hed.garage with less than ¡the required 50 :lit. setback from the Lake. This would be used for storeage area for mowers, yard equipment, etc. was'mentîoned.that,this would be an addition to a present building and that the building pre-existed any zoning. Meeting was opened to the Public. Mr. & Mrs. Callahan of Jay Road, Glen Lake voiced no objection to the proposed plans. The Town Planning Board recommended approval. Warren County concurred with Town Planning Board. Motion by Mr. Mills, seconded;by Mrs. Richardson, all voting affirmatively RESOLVED that the Queensbury Town Planning Board hereby approves Variance No. 821 on the grounds that the practical difficulty being all the buildings in the crowded area presently exist and the board concurs with the Town Planning Board. Approved. VARIANCE NO. 822 - Don~ld .T. Flood, east side Route 9 North Montray Road After some general discussion it was decided that this was an Interpretation, not a variance. Public hearing was opened and closed. Queensbury Town Planning Board recommended approval and Warren County concurred with Queensbury. Mr. Flood is proposing to have a Christmas Gift Shop in the building. d./¡ Page 5 April 20, 1983 Motion by Mrs. Richardson, seconded by Mrs. Goetz, all voting affirmatively RESOLVED THAT a Variance is not needed as the use is already provided for and this would be a business which services Highway traffic and that the fee be refunded be made in request form to the Town Board. Approved. VARIANCE NO. 823 - Abé Schonwetter, Seeley Road, Lake George /:?.oû (I or Mr. Schonwetter was represented by Joseph Rplp~ fCouL-t /:')'\..- Mr. R~stated that Mr. Schonwetter wanted to put a porch addition to his dwelling but he lackéd theorequired setback from the lake. Mrs. Goetz asked if Mr. Schonwetter had knowledge of the limitations in the area when he purchased the property. ~\JL~ Mr. ~a said he didn't know the answer to that. Chairman noted the area involved hereand explained the problems to the public in attendance. He then opened the meeting to the public. Mr. Adamson spoke on behalf of the Zoning committee of the Lake George Association. He mentioned that Mr. Schonwetter has to prove practical difficulty. This equest, if approved, would be a violation of the spirit of the Town ordinance. ~\J J ,'tt Mr. ae+ea interjected that the practical difficulty here is the area that we have to work with. It is basically the only area to be used as Mr. Schonwetter would like. Possibly it could be on the North side of the house, would you allow it there. Chairman noted that the Board couldn't comment on that. Queensbury Town Planning Board recommended disapproval as the applicant has not shown practical difficulty. and Warren County concurs with Queensbury. Motion by Mr. Griffin, seconded by Mrs. Goetz, all voting affirmatively (Yes vote means to deny on this motion) RESOLVED that the Queensbury Zoning request submitted under Variance No. difficulty has not been shown and it neighborhood. Variance 823 Denied Board of Appeals hereby denies the 823 - Mr. Abe Schonwetter as a practical would affect the present character of'the VARIANCE NO. 824 - Mr. Frank Cottone - Tri-County Kitchens - to place an addition for storage and office space on an existing light industrial enterprise on property located south side of Corinth Road. Mr. Cottone represented himself. He mentioned the fact that this addition would allow them more office space and provide cover for some of the materials that are presently stored outside. He mentioned also that he was not looking to expand on production. facilities. J.Jo Page 6 April 20, 1983 Mrs. Goetz asked Mr. Cottone if the house next to him was vacant. Mr. Cottone said yes and that the owners are presently in Germany. Chairman next opened the meeting to the public. Lorraine Brandt was present expressing her feelings that Mr. Cottone has very much improved the property and that she was in favor of the Variance. The public hearing was closed. Queensbury Town Planning Board recommended approval along with Warren County Planning Board. Letter from Robert L. Eddy, Queensbury Beautification Committee. Motion by Mrs. Richardson, seconded by Mrs. Goetz, all voting affirmatively RESOLVED that the Queensbury Zoning Board of Appeals hereby approves Variance No. 824 as this will not materially change the character of the neighborhood. The pre-existing non-conforming use is the hardship. Approved. Meeting adjourned at 9:25 ~ ~~-et1 ~~~