Loading...
1986-08-20 Meeting of the Queensbury Zoning Board of Appeals held August 20, 1986 7: 30 p. m. G Present: Mr. Behr, Mr. Griffin, Mrs. Goetz, Mr. Turner, Mr. Sicard/...Mr~ Muller .:ßftd ~[f'. Kollðy. Ó"d First item on the agenda was the approval of the July, 1986 minutes~ Motion by Mr~ Behr, seconded by Mrs~ Goetz, all voting affirmatively, it was RESOLVED THAT the minutes of the July, 1986 meeting are hereby approved subject as corrected. INTERPRETATION NO; 32 - Hallmark Nursing Centre, Sherman Avenue - to determine if a semi-supportive senior citizen living units constitutes a health related facility as that term is defined in Queensbury Zoning Ordinance. ~; Kelley left tine room ctt Lhls po-ist...--. Represented by Attorney Malcolm O'Hara and the owner of the proposed facility, Mark Kubricki. G Letter from Attorney Malcolm O'Hara was read by Mrs. Goetz. "Dear Mr. Turner. On behalf of Hallmark Nursing Centre an Interpretation is requested to determine if a semi-supportive senior citizen living units constitutes a health related facility .as that term is defined in the Queensbury Zoning Ordinance. The location is adjacent to the current nursing home on Sherman Avenue~ The property is Zoned UR-10 and this type of use, if considered a health related facility, would be permissible with a Type ¡I Site Plan Review. Specifically the proposed use of semi-supportive senior citizen living units would be 29 units of elderly housing~ The project will consist of one or two bed units with 24 hour a day access to supportive health services as well as arrangement for meals, housekeeping services and recreational activities~ A number of these units will be fully handicapped accessable~ On behalf of my client, I thank you for your attention to this matter~ Mark Kubricki from the Hallmark Centre and I will attend the August meeting to provide add! tional information to the Board~" Attorney O'Hara added that the purpose of this "-' Þf¡ 1 I ) L semi-supportive housing is to preclude or prevent admission into nursing homes of patients who realy don't need a nursing home. The facility would have a direct tie-in to the nursing home facility therefore providing nursing services on a as needed basis. Mr~ Turner asked if there would be staff in the building. Attorney O'Hara stated there would not but that recreational activities, dietary facilities and health facilities from the nursing home next door would be shared with this project: Mark Kubricki stated that what they are looking for is to expand the services that are already present. This project would create an atmosphere where there is much more independence~ This facility would appeal to someone who maybe can't take care of their own home but doesn't necessarily need around the clock care~ Mr~ Muller asked if a person who rents a unit would have kitchen facilities~ Mr~ Kubricki stated that each unit would have kitchen facilities. He also stated that each unit would be handicapped accessable. Between 25 & 50% of the units will gp to the handicapped. '-' Mr. Muller asked if this new facility would be attached physically to the nursing home. Mr. Kubrick stated that it would be attached by a covered walkway putting 25 to 40 ft. between the two buildings. Long discussion followed on what type of client would be accepted ~ Motion by Mr~ Griffin, seconded by Mr. Sicard, all voting affirmatively, it was RESOLVED THAT INTERPRETATION NO. 32, the proposal by Hallmark Nursing Centre, is considered a health related facility and therefore will come under the Type II Site Plan Review for UR-10 Zone~ Approved for Type II Site Plan Review; INTERPRETATION NO~ 33 - Blacksmith Shop (Charles R. Wood), Aviation Road - to determine if carriage structure which sits on top of the free-standing sign which advertises the Blacksmith Shop should be considered as part of the sign. "-' ¡lfr 2 "- Mr~ Turner stated that he would abstain from this Interpretation and that Mr. Behr would chair this portion of the meeting~ Represented by Attorney Malcolm OtHara~ Letter from Attorney Malcolm O'Hara read by Mrs. Goe-tz. "On behalf of Charles Wood an Interpretation is requested to determine if the carriage structure which sits on top of the free-standing sign which advertises the Blacksmith Shop should be considered as part of that sign. On behalf of my client I thank you for your attention to this matter." Attorney O'Hara also added that the ordinance is fairly broad in defining a sign and that some of the categories would clearly exclude this carriage and some of them could possibly include it. Mr: Behr stated that his understanding was that anything above the supports where the sign itself starts is all part of the sign~ '-' Motion by Mrs: Goetz, seconded by Mr~ Griffin, 4 affirmative votes, 1 negative vote (Mr~ Muller), 1 abstention (Mr. Turner), it was RESOLVED THAT INTJ!]RPRWrATION' NO. 33, the carriage structure on top of the Blacksmith Shop, is considered part of the sign~ NOTICE OF APPEAL NO~ 6 - Frank Simione, Sr~ & Jr~, Stephanie Lane was withdrawn~ Wi thdrawn. OLD BUSINESS: - 8- ;)0-8(, VARIANCE NO. 1097 - Henry Knoblauch & Son, Inc., Connecticut Avenue: This Variance was tabled at the July meeting for more information: Represented by Kim Knoblauch and the new tenant Ed Osberg. ""-'" Ms~ Knoblauch stated that she has now found a tenant (Graphic Arts business): This is a small business that pf) 3 o would not produce a lot of traffic~ Mr~ Ed Osberg stated that he would be the new tenant and that he now owned Village Graphics currently located in Lake George: The business consists of. advertising design layout, a small amount of screen printing and a computer ~aphics system which they operate to make simple signage (like on a truck): Mrs: Goetz asked if paint fumes would be a consideration in this business: Mr: Osberg explained that they use pressure sensitive vials which come in rolls and the computer system cuts the lettering out; This is not going to be a screen printing type of business: Mr; Behr asked how many employees would be hired to which Mr; Osberg answered one; Mrs. Goetz asked how the business was advertised. Mr. Osberg stated it was pretty much by word of.' mouth. He also stated that he has a couple of yellow page ads. ìv1rs: Goetz asked what type of deliveries would be made to this business. Mr~ Osberg stated he gets a UPS delivery about once a week~ ~ Motion by Mr; Muller to approve, seconded by Mr. Behr, all voting affirmatively, it was RESOLVED THAT Variance No. 1097 be approvd. The hardship has been demonstrated: This is a lite industrial warehousing building in a residential zone; This use is in conformity with the building; The use will not affect the neighborhood character; Approved: VARIANCE NO; 1098 - Bass Shoe Factory Outlet, Queensbury Plaza - has been withdrawn; Withdrawn. NEW BUSINESS: VARIANCE NO: 1111 - Gary A. Ball, Corinth Road - to construct a one-family dwelling on parcel in a Light Industry-1A Zone. ~ Represented by the owner, Gary A. Ball: Jq~ 4 J¥5 5 Mr~ Turner asked if the property and the 30 ft~ right-of-way ~ was deeded to him by his father~ Mr~ Ball stated that it was; Mr; Behr asked if it was in fact a right-of-way or in fact Mr; Ball's property~ Mr~ Ball stated that the 30 ft. was his property~ Mr; Turner asked how long Mr: Ball's father owned the property to which Mr: Ball replied almost 40 years; Public Hearing Opened~ Mr~ Paul Naylor stated he lived. south or this property and that he is in support of the project. Public Hearing Closed. Warren County Planning Board approved. Hotion by iv1:r ~ TU.r nero to approve, seconded by Mr. Sicard, all voting affirmatively, it was ~ RESOLVED THAT VARIANCE No. 1111 be approved. The approval is based on split zoning being the hardship. No reasonable return possible; No adverse affect on the neighborhood character ~ This is an ideal place for a house. The property has been in the family for 40 years and deeded to son; Appr oved : VARIANCE NO; 1112 - Howard :ffimmett, 1619 Moon Hill Road - to place a mobile home on lot outside zone designated for single site mobile home placement in a Suburban Residential-30 Zone; Represented by Mr~ Howard Emmett; A list of 11 names was read~ These 11 people are not opposed to this project. Mr~ Behr asked whoW'as going to maintain the deed for this property. Mr~ Emmett stated he would. o Mr; Griffin asked how large the unit would be to which Mr. Emmett stated it would be a new trailer measur ing 14 x 65: ~ ( .\....-.- He also stated that it would be on a full foundation. Public Hearing Opened~ l'JIrs ~ Rocbrrell (l i ves i i1 1)ack of property in quest ion). Asked what they were going to do about the water and sewer systems~ Mr~ Emmett stated that they would either use the water from the s~eam or drill a well~ Public Hearing Closed~ Warren County Planning Board approved: Motion by Mr~ Sicard to approve, seconded by Mr~ Muller, all voting affirmatively, it was RESOLVED THAT Variance No: 1112 be approved ~ This is a good case of hardship. It woa' t change the neighbor-hooll character ~- There ar e other mobile homes in the area. This V8o~' t(trl(f~:¡b3 G111)ject \,0 the dee(1 change mentioned in the ;1.221 tcation. VARIANCE NO~ 1113 - Thomas Jenkins, Bardin Drive - to place a swimming pool in side yard in lieu of the required rear yare! placerl1ent in a Suburban Residential-30 Zone. Represented by Mr: Thomas Jenkins~ TJIr; Turner askecl if the pool is going 1,0 he abo'le or inground to which Mr: Jenkins answered ingrol1nli. Mr~ Behr asked where the septic system was located to which Mr ~ Jenkins staterl ¡,he é"ronl; yar,l :)etvveen l,he hou.se and the road~ Public Hearing Opened and Closed with no public comment. \;varren County Planning Board approved~ Motion by Mr~ Griffin to approve, seconded by Mr. Turner, all voting affirmatively, it was RESOLVED THAT Variance No. 1113 be approve<1. The practical difficulty has been demonstrated~ There is no other place behind the house where the pool coulcl 1)e located. "-' Approved: /ifb 6 ¡q7 8- ~l)-Bl.p 7 VARIANCE NO. 1114 - Nicholas Clemens, Jr. (Taco Tom's) - to (~onstruct a fast food restaurant with a 38 ft. rear setback :t n 1 Leu 0 r the reqlLÎ.. r ell 50 rt. se tback per Article 7 Sec tion ~ 7.079 of Queensbury Zoning Ordinance in a Highway Commercial 15 Zone: Represented by the owner, Nicholas Clemens, Jr. and Attorney Bruce Carr: Attorney Bruce Carr presented a petition signed by the surrounc11ng property owners stating they were not opposed to this project~ Attorney Carr also stated that this project would add approximately 28-30 jobs to the area~ WIrs; Goetz asked :U' 'chese jobs would be part-time or full-time to which Attorney Carr stated that most would be part-time; Public Hearing Opened and Closed with no pub tic comment. Warren County Planning Board approved. '\.- The Queensbury Committee for Community Beautification gave there approval stating~ "This applicant presented a well designed plan for his proposed Taco Tom's restaurant. Lawn and flowers will be planted. out on the county right-of-way until the county has need for the property to widen the road and la\rrn 8.n(l flowers from that point with shrubs nearest the () uilding~ He appear s to have provided for parking spaces for his customers on the west side of his property and spaces for help on the east side; He plans an 8 ft~ planting area on the west side of his building which will increase to 10ft ~ to the rear; The <lUf!lpster will be screened with sapling type fencing and ì.dll be placed toward the rear portion of his property~ The sign will be placed at least 15 ft; in the grasseli area insi(le his property line~ The applicant owns all the way to Minogue's property: " Motion by Mr: Muller to approve, seconùed by Mr. Turner, all voting affirmatively; it was RESOLVED THAT Variance NO~ 1114 be approved. This is the minimum required in terra.s of offering relief: It is the same relief we have already granted to King Fuels~ Approved. \-' \....,- VARIANCE NO~ 1116 - Floyd and Margaret Batease, Drerun Lake - to construct a dwelling on a parcel of land that does not front on a public road in a Suburban Residentia.1-30 Zone. Represented by Mr: Floyd Batease. Mr~ Turner asked if Mr. Batease owned the property now. Mr. Batease stated that he was in the process of buying the property now. Public Hearing Opened~ Mrs: Ruth Rist - opposes~ She believes that more growth on the lake is detrimental to the health of the lake~ Mrs. Rist also stated that she has tried in the past to buy the property next to her to help keep her privacy and to help keep the growth of the lake down~ Mr: Vern Speedy and Mr: Harold Rist also opposed this project~ Long discussion followed on right-of-way rights of these properties: "-.. 1\1r8: Rist stated she would like to have this tabled at this time so that she can get more information. Long discussion follo"\rred on the pollution of the lake an(l the right-of-way. Public Hearing Closed. Warren County Planning Board approved~ ìJ[otlon by WIr ~ Sica:rcl to approve, seconded by r~r. Muller, all voting affirmatively, it was RESOLVED THAT Variance No~ 1116 be approved. The approva.l is based on hard.ship\ihich has bøen presented: It's a preexisting subdivision~ The indenture is dated February 13; 1956 and notes the right of ingress and regress from said premises for all purposes over present right-of-way leading to the Sunnyside Road which right-of-way adjoins said premises on the south: Approved. ~ VARIANCE NO. 1119 - Guy and Mary Trello, Assembly Point Road Ilfi 8 1lf1 9 \.......- - to enclose existing porch and construct 2 rooms and a bath above in a Lakeshore Residential-15 Zone (side setback of . t· , . 4 ,..") eXl s lng porc rlL s CG ~ . Represented by 1'JIr ~ Bob Ruggles of Ruggles Construction Corp. Mr: Ruggles stated that Mr~ Trello has a health problem and that is the reason for the addition. Long discussion followed on the exact positioning of the new addition~ Public Hearing Opened~ Mr; Herm Shires, property owner north of Mr. Trello. Mr~ Shires asked if there was a bathroom on the first floor to which Mr. Ruggles answered yes: Mr; Shires stated that Hr. Trello was di sabl ed, why, therefore, ì.rroul(l he need a bathroom upstairs; Mr~ Shire also asked if the setback was supposed to be 10 ft; TJIr; Behr stated that his proposal would grant minimum relief which would be 1 ft~ Public Hearing Closed~ '-.. Warren County Planning Board approved. Another long discussion was held on the exact placement of the addi tion~ Motion by Mrs. Goetz to approve, seconded by Mr. Griffin, all voting affirmatively, it was RESOLVED THAT Variance No. 1119 be approved. The practical difficulty is that the slab preexisted the present Zoning Ordinance and they are just building over the present slab. Approved ~ VARIANCE NO~ 1120 - Donald Sokol, Aviation Road - to construct an addition to house a 1)ank and L nsurance agency in a Neighborhood Commercial-10 Zone; Represented by the owner; Donald Sokol: "- Rr ~ Behr stated he was concerned about the parking. (Only 2 or 3 spaces available at the time he was there~) Mr. Sokol stated that he has never seen the parking lot with only 2 or 3 spaces empty~ Mr~ Sokol also stated the Baker Maille who 156 10 owns property across the street has agree<l to lease him any amount of this property for his employee parking; ~ Mr~ Griffin asked how many parking spaces were there and how many this proposal woul(l free up~ Mr ~ Sokol stated that he has 26 employees but that they are not all there at the same time: There would be 8-10 at any given time; TJong discussion following on the various parking problems. Mr~ Sokol explained that the banking facility would only have one employee since it is going to be a very limited facility. There will be two ATM machines plus the one employee to open checking and saving accounts ant} han(lle loans~ Mr~ Turner stated that according to the figures they have 104 parking spaces are required~ Mr~ Sokol stated that he had about that many: Mr; Turner stated that if the Board decides that the permitted uses are not all inclusive (and we decide that the bank anc} the insurance agency belongs there) then under a Type II Site Plan Review permitted uses in excess of three units (which he has)~ ~ Public Hearing Opened and Closed with no public comment. Warren County Planning Board approved~ The Queensbury Commi ttee for Comm.unity BeautLficatio'1. approved. "This applicant did not appear but the eha:lrman was assured that the plan for the remainder of this plaza will be followed~ His non-conforming free standing sign which has been in its present location for possibly 30 years will be moved at the time of this construction to enable it to be in closer proximity to electric power~ In order to provL(le suf:J:ic ient parking spaces the appl icant is making ar',rangerllents\rrith his neighbor across Aviation Road for parking for his help. There is parking for the help and some of his tenants in the rear of their stores: The occupancy of the new addition will be a bank and insurance office~ The applicant has done a fine job of covering his store building to match other sections of his building and the building housing the tenants: His plantings along Dixon Road and in front of his new building are well done and he has plans for another strip planting to the west of the Aviation Roac} near the highway: All of this has been a '--- ¡51 1 1 great expense and has greatly improved the appearance of his property: II "'-- Motion by Muller, seconded by Mr. Griffin, all voting affirmati vely, i twas RESOLVED THAT Variance No~ 1120 be approved~ We should take this as an Interpretation: The permitted uses listed are just illustrative; The proposed uses are included in the intent of the Neighborhood Commercial uses~ That is to say limi ted banking and insurance agency~ The recommendation is going to be that the applicant must meet all the requirements of the Type II Site Plan Review in Neighborhood Commercial Zone and appear before the Queensbury Planning Board. Approved ~ VARIANCE NO~ 1121 - Thomas Clary, Glen Lake - to construct an addition to a dwelling with less than the required side setback in a Single Family Residential-30 Zone. Represented by the owner, Thomas Clary ~ Mr: Turner asked if the present septic system would have to '_ be taken out for the addition~ Mr: Clary stated he would. TJIr ~ Clary stated that the septic system was dye tested 5 years prior to his purchase of the property in September of 1984~ Mr; Turner asked what kind of well was on the property~ Mr~ Clary stated that it was a point well~ Mr: Griffin asked if there would be enough room for turnaround in the driveway: Mr~ Clary statecl yes the driveway won't be affected at all~ Long discussion followed on the septic system. Public Hearing Opened. ~J['r s ~ Ol tz statecl that her concern was al so the septic system: Mr~ Wagner next door neighbor~ He is concerned about the actual setback distance; He also stated that this project would not upset him. "- I~;V 1 2 Public Hearing Closed~ ~ Warren County Planning Board approved~ Another long discussion ensued on the septic system and the building line definition~ Motion by Mr~ Turner to approve, seconded by Mr. Sicard, one negati ve vote (Mr ~ J3ehr) , it was RESOLVED THAT Variance No~ 1121 be approved~ The practical c1ieeiculty is it's a preexisting lot that preexisted any Zoning; There is no other alternative for the building location~ Approved; VARIANCE NO: 1122 - Brian Sheldon, 5 Cottage Hill Road - to place an above ground swimming pool with less than the required setbacks in a Urban Residential-5 Zone. Representecl by the owner, Brian Sheldon. ~, WIt': Turner asked how long Mr ~ Sheldon owned the property. Mr~ Sheldon statec1 he has owned this property for 14 years. Public Hearing Opened and Closed with no public comment. Mr~ & Mrs: Donald Crawford letter read~ "Persuant to above we do not object~" Warren County Planning Board approved~ Motion by Mr~ Griffin to approve, seconded by Mr. Turner, all voting affirmatively, it was R~SOLVED THAT Variance No~ 1122 be approved~ There is a practical difficulty in that there is no other place to put the pool withou.t cutting trees and moving further east on the property~ Approved~ VARIANCE NO~ 1123 - Thomas and Ginger Spring, Luzerne Road - to construct a (lance stu.dio in a Light Ind ustry-1 A Zone. \..- Represented by Thomas & Ginger Spring. /55 13 Public Hearing Opened. ~ Connie Miner - new owner of flower shop~ She is in favor of the propo sal ~ Public Hearing Closed. Warren County Planning Board approved~ The Queensbury Committee for Community Beautification approved~ "There is practically no difference between this submission than the one proposed for the Bay Road loca~ion. It's just on a different lot. From information provided this is a better lot than the Bay Road location as there seems lit-tle chance of a high water table in this location. A buffer zone of existing trees will be retained to the east and north nearly 100 ft: east and some 475 ft~ north~ The draw'íng shows shrubs in front of building and some flowers mulched with bark~" Motion by Mrs~ Goetz to approve, seconded by Mr~ Behr, all voting affirmatively, it was \" RESOLVED THAT Variance No. 1123 be approved~ The unnecessary hardship is that it is a mixed use already. There are a lot of commercial enterprises. It will fit in with the residences across the street. Approved~ VARIANCE NO ~ 11 25 - Rob er t A ~ Canterbury, Canterbury Dri ve-Glen Lake - to place an attached garage with a 38 ft. lakeshore setback in lieu of the required 50 ft. lakeshore setback in a Single Family Residential-30 Zone. Represneted by the owner, Robert Canterbury. Public Hearing Opened~ Mr: Ellsworth stated that he was in êavor of the project~ Public Hearing Closed~ Warren County Planning Board approved~ Motion by Mr~ Sicard to approve, seconded by Mr. Muller, all "--' voting affirmatively, it was 15t 14 RESOLVED THAT Variance No~ 1125 be approved~ A reasonable request and practical difficulty has been demonstrated. ~ Approved. VARIANCE NO~ 1126 - Bradmark Broadcasting, off Route 9 behinci Glen Square Plaza - to install a 180 ft. AM radio transmission tower in a Plaza Commercial-1A Zone~ Represented by Attorney Robert Kafin and the president of Bradmark Broadcasting, Donald Heckman. Mr~ Kafin stated that this lot was in fact landlocked and really can't be used for any of the uses on the Plaza Commercial schedule ~ This area is entirely commercial. There are some apartments and homes to the west and south of this site which at the present time is wooded. These structures are in a Plaza Commercial Zone. Mr: Behr stated he understood that the tower had to be wi thin a certain radius 0:[ the studio nOlrr existing~ Attorney Kafin stated that radius was 2 miles; Mr~ Behr also questioned the size of the gr id system; I'lr ~ Heckman stated that the grid would be 350 ft~ square: The grid may be asymetrical~ \ '" Mr~ Griffin asked if they had a right-of-way to the property~ Attorney Kafin stated that there was a deeded right-of-way to Route 9. Long discussion on the impact of the tower on the community. Mr ~ Griffin questione(l the right-of-ì.rray again~ Mr ~ Kafin stated to use this right-of-way there would have to be some clearing and filling~ Long discussion followed on the deeded right-of-way~ Mr~ Muller stated that one of the major concerns was the adverse effect on the neighborhood. A long discussion ensued on this topic~ Public Hearing Opened~ Lynn Havens spokesperson for the group in opposition to this proposal read the following prepared statement~ "Dear Board, Since my son's letter of August 14th to the board ~ several things have happened; These are outlined below~ One /5'5 1 5 of them is that I attempted to purchase the land of the various concerns but was rebuffed thus the matter before you involves two potential buyers. One buyer, Mr ~ Rudnick, ~ trying to buy the parcel of land and keep it within the character of the communi ty ~ The other buyer, Bracimark Broadcasting Co:, trying to obtain the land for a purpose completely different from and intrusive to the existing communi ty character ~ Imposing a condition not even authorized by Zoning Ordinance of the Town of Queensbury. The seller is willing to deal only with the buyer who wants to change the character of land not with us. Does that sound like hardship? We tried to contact the sellers, we made them an offer, prepared a certified check as a good faith deposit, the sellers were notified of our offer but they sent word to us that the land was not for sale and that they do not want to talk to us~ So if the board approves this eyesore it's doing so in the face of our special efforts to try to protect the character of the neighborhood. What efforts are those? No~ 1: We made good faith efforts to buy the land at a price far exceeding, as a matter of fact 40% more, than the represented price to be paid by the radio station. No~ 2~ We have made every effort to find the sellers~ We talked to John Linehan at Nancy Kelley Realty who told us that he had spoken to Mrs~ Kelley in California and that she couldn't be reached until Thursday. No~ 3~ We found that there is no agreement for a right-of-way to get to the radio tower while the very 1. ancl has a right-of-way to Glen street: This means that the ~, board may be voting to change the character of the land not even accessable to the users as it stands. Why should the board give an advisory opinion on the matter now? It's not even ripe for your consideration until Mr ~ Ni gro' s mortgagee approves it: A process which Mr~ Nigro says is yet to start~ lifo agreement has been reached with the radio station on the right-of-way ~ As I stand before the board, how can Bradmark assure you that they have access to the land at this time? No~ 4~ We talked to }V!r; Heckman who says that on Friday he will hear from the water company on another site for his tower~ But tonight he needs to make this effort to preserve his rights for the frequency with the FCC~ His rights will be preserved even if you turn him down because he must merely show that he is trying to get an AM tOìrrer established in the Glens Falls area: No ~ 5. We have a petition from 25 neighbors who have made Queensbury Gardens their home for years~ A tower can drive them off since they are renters not owners~ If this happens we will loose all of our business and the true harclship will be ours and true loosers will be the Town of Queensbury which has \.- /510 16 received one half millon dollars in property taxes from our project: Please~ when considering the Zoning consider also that the property taxes that will be paid on the tower will \.......-. be but a small portion of what Queensbury has and will collect from Queensbury Gardens~ Last month I hired Lynn Havens to oversee the construction of a new rental building in our complex: We have been working on the plans and compiling materials~ lists and prices~ As you will see on the map, that we have provided you with, our proposed building is situated in such a way that our prospective tenants would be looking at the radio tower every time they look out their front window~ As of today plans have been put on hold because it is senseless to construct a luxury apartment building if we won' 't be able to rent the units. We hope that while voting each of you will consider what it would look like when exiting the Northway on Aviation Road, instead of. a tree line and the mountains, you would see a large radio tower. Let's save Queensbury for reasonable development; Please vote no on the application~1t Mr: William Prescot, 6 Rudley Drive~ He stated he does not want to sit on hi spat io and look at thi s tOì.rer: "--./ Mr; Brian LeFleur, Chief of the Queensbury Central Fire Department: Main station is located on Foster Avenue which is very close to this proposed tower; Mr: LeFleur asked !J[r. Heckman what the tower output was to which Mr~ Heckman answered 1 ~OOO watts: He ~_so asked if any other transmitting equipment would be put on the same tower to which the answer was no; Mr~ LeFleur asked if the radio station coulcl be hel(i accocmtable if there were interference with the fire station transmitting equipment to which the answer was yes; rJ[r: LeFleur suggested a 180 ft; string wi th a helium balloon on it, put at the tower location, and everyone can stand in there back yard and drive up and down and see if they can see the tower: This is a procedure that is used by ENCON; Mrs; Liz Valenti, 60 Sweet Road. She would like to kno'w at what point the tower could cause health problems: Mr. Heckman said that the 1 ,000 watts is determined by the FCC and he has no control over that~ He said that 10,000 watts would be hot but that is not what is involved here. There have been no proven health problems~ Louella Gill - neighbor·; Wants to keep the neighborhood the way it is: She does not want to look at this tower~ \..... 157 17 Warren County Planning Board approved~ ~ Another long discussion was held on the impact of this project on the neighborhood~ Mr= Turner asked what the time frame was for the FCC. Mr~ Heckman stated that he had to be on record with the FCC by October 1, 1986 ~ Long discussion was held concerning the FCC regulations pertaining to this project; Public Hearing Closed. Motion by Mr~ Behr to deny, seconded by Mr~ Turner, all voting affirmatively, it was RESOLVED ~eHAT Variance No~ 1126 be denied~ Because the four conditions needing to be met for Use Variance have not been. Particularily the one for reasonable return possible if land is used as Zoned~ There would be an adverse effect on the neighborhood character~ Denied; ~ lVlotion by Mr ~ Sicard to adjourn, seconde(l by TJIr ~ Turner, all voting affirmatively; it was RESOLVED THAT the meeting adjourn~ Adjourned: ~ \ "-- ~