1993-01-20
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QUEENSBURY ZONING BOARD OF APPEALS
FIRST REGULAR MEETING
JANUARY 20TH. 1993
7:30 P.M.
Area Variance No. 127-1992 Peter Sahlke l.
Area Variance No. 129-1992 'l'homas Dittus 1.
Area Variance No. 4-1993 Joseph W. & Mary Carolyn Shay 1.
Area Variance No. 121-1992 Harry Ruecker 2.
Area Variance No. 1-1993 Donald Kruger 13.
Area Variance No. 2-1993 William L. Potvin 17.
Use Variance No. 3-1993 Leemilt's Getty Petroleum 36.
Notice ot Appeal No. 1-1993 Appeal by Brewers & Aikens 41.
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD
AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS
MINUTES (rF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES.
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QUEENSBURY ZONING BOARD MEETING
FIRST REGULAR MEETING
JANUARY 20TH, 1993
7:30 P.M.
MEMBERS PRESENT
THEODORE TURNER. CHAIRMAN
JOYCE EGGLESTON, SECRETARY
CHRIS THOMAS
~'RED CARVIN
MARIE PALING
MEMBERS ABSENT
THOMAS PHILO
EXECUTIVE DIRECTOR-JAMES MARTIN
PLANNER-ARLYNE RUTHSCHILD
STENOGRAPHER-MARIA GAGLIARDI
MR. TURNER-Election of Officers and approval of minutes we'll take
at the end of the meeting because of the applications that we have
in front of us. We'll take that business later. We have two
applications on the agenda, Area Variance No. 129-1992, Thomas
Dittus, and Area Variance No. 4-1993. which are listed as Type II
Actions, and if the Board wants to discuss it, it's my feeling that
these are Type I Actions and they should go to the Planning Board
as Lead Agency for review. Does anyone want to discuss that point?
MR. MARTIN-The other item I'd point out, Ted, in all honesty and
fairness, if you're going to be consistent, Sahlke is the same
case. That's a CEA also.
MR. TURNER-I think we, a couple of meetings ago, did refer that to
the Planning Board.
MR. MARTIN-But it's been my determination on all of these.
MR. TURNER-You took it off? Okay.
MR. MARTIN-That they're all Type II Actions.
MR. TURNER-Okay. That would will go, then, also. So then, Area
Variance No. 127-1992, Peter Sahlke will also go for SEQRA Review.
MOTION THAT AREA VARIANCE NO. 127-1992 PETER SAHLKE. AREA VARIANCE
NO. 128-1992 THOMAS DITTUS. AND AREA VARIANCE NO. 4-1993. JOSEPH
W. SHAY AND MARY CAROLYN SHAY ARE TYPE I ACTIONS AND SHOULD GO TO
THE PLANNING BOARD AS LEAD AGENCY FOR REVIEW, Introduced by
Theodore Turner who moved for its adoption, seconded by Joyce
Eggleston:
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mrs. Eggleston, Mr. Carvin, Mrs. Paling, Mr. Thomas,
Mr. Turner
NOES: NONE
ABSENT: Mr. Philo
JOHN RICHARDS
MR. RICHARDS-I'm John Richards, representing Peter Sahlke. My
understanding was this was on the agenda last month for, and had
been referred for further SEQRA Review to the Planning Board, but
then had been changed, I thought, by this Board's determination,
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and we're here tonight to proceed.
MR. TURNER-It wasn't by the Board's determination.
MRS. EGGLESTON-No.
MR. MARTIN-No. It was my determination as Zoning Administrator.
I classified these actions as Type II, in that I thought they were,
although they were occurring in a Critical Environmental Area, it
was essentially a replacement of a use in kind, and really is not
a situation that is likely to require an Environmental Impact
Statement, as Type I actions are listed, and the Board has found
that to be different.
MR. RICHARDS- I don't know about the others, they look 1 ike new
construction. Ours is a replacement.
MR. MARTIN-No. The other ones are replacement also.
MR. TURNER-They're replacement.
MR. RICHARDS-When will you put us before the Planning Board?
MR. TURNER-It will be their next meeting.
MR. RICHARDS-Next week?
MR. TURNER-Next week. You'll be back here in February.
MR. RICHARDS-Okay.
AREA VARIANCE NO. 121-1992 TYPE I SEQRA (PB 1/9/93) WR-1A HARRY
RUECKER OWNER: SAME AS ABOVE LAKESHORE OF GUNN LANE AND WESTERLY
OF TOWN ROAD LEADING SOUTHERLY FROM GUNN LANE APPLICANT IS
PROPOSING CONSTRUCTION OF A SINGLE FAMILY DWELLING ON A
PREEXISTING. NONCONFORMING LOT. REQUIRED SHORELINE SETBACK IS 75
FT. PROPOSED SHORELINE SETBACK WILL BE 50 FT. APPLICANT IS
SEEKING RELIEF OF 25 FT. THE REQUIRED LOT SIZE IS 1 ACRE. THE
PROPERTY SIZE IS 0.43 ACRES. APPLICANT IS SEEKING A RELIEF OF 0.57
ACRES. FRONT YARD SETBACK REQUIREMENT IS 30 FT. THE APPLICANT IS
PROPOSING A 20 FT. FRONT YARD SETBACK. APPLICANT IS SEEKING A
RELIEF OF 10 FT. (WARREN COUNTY PLANNING) TAX MAP NO. 12-3-18
LOT SIZE: 0.43 ACRES SECTION 179-16C. 179-60B(1)(C)
WALTER REHM, REPRESENTING APPLICANT, PRESENT
MRS. EGGLESTON-And the Warren County Planning Board returned, they
approved, with the comment, Concur with local conditions.
STAFF INPUT
Notes from Staff, Area Variance No. 121-1992, Harry Ruecker,
"Applicant is seeking to construct a two story 2887 sq. ft. single
family dwelling on less than one half acre in a Waterfront
Residential One Acre zone. They're seeking relief that follows:
A. .57 acre relief from Section 179-16C which requires one acre
for every principle building in the Waterfront Residential One Acre
zone. The project site is .43 acres. B. 10 feet relief from
Section 179-16, which requires a 30 foot front yard setback.
Proposed project's front yard setback is 20 feet. C. Twenty-five
feet re 1 ie f from Section 17 9-60B (c) ( 1 ), which require s 75 foot
setback of all principle buildings from the mean highwater mark of
a shoreline. Front yard and shoreline setback requirements leave
no space to build a structure that meets dimensional requirements.
Because the dimensional requirements essentially reduce this to a
nonbuildable lot, it would appear that the minimum variance is
necessary to alleviate the specified practical difficulty.
Proposed project would be reasonably consistent with the character
of the neighborhood which is mostly seasonal camps and other type
single family homes and would appear not to have a detrimental
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effect on the district or neighborhood or conflict with any plan or
policy of the Town. It would appear that the variances would not
effect public facilities or services. It would appear that the
minimum relief from the required front and shoreline setbacks and
the minimum of one acre for the area requirement would be necessary
to alleviate the specified practical difficulty. The proposed
project is located on Lake George, a designated Critical
Environmental Area, and in a Waterfront Residential zone whose
purpose it is to protect the delicate ecological balance of all
lakes and the Hudson River while providing adequate opportunities
for development that would not be detrimental to the visual
character of the shoreline. Staff's concern is that the result of
the confluence of the various dimensional requirements appear to
indicate that the lot is essentially unbuildable, but at the same
time this determination would significantly hamper reasonable
return of the land."
MR. TURNER-We've got to take care of this first. We have a
resolution from the Queensbury Planning Board, as lead agent on the
Harry Ruecker property, a resolution of no significance is made,
and I would move to adopt that resolution.
MOTION TO ADOPT THE RESOLUTION OF NO SIGNIFICANCE FROM THE PLANNING
BOARD REGARDING AREA VARIANCE NO. 121-1992 HARRY RUECKER,
Introduced by Theodore Turner who moved for its adoption. seconded
by Joyce Eggleston:
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mrs. Paling, Mr. Thomas. Mr. Carvin, Mrs. Eggleston,
Mr. Turner
NOES: NONE
ABSENT: Mr. Philo
MR. TURNER-Okay. Mr. Rehm.
MR. REHM-Thank you, Mr. Turner. I'm Walter Rehm. I represent the
applicant, Harry Ruecker. In addition to the application which was
submitted, I submitted a letter to the Town of Queensbury which was
dated November 12th, 1992, dealing with a necessity for a lot size
variance, and asked that the application be amended for that
purpose. I don't know if that's in your file, but I would
certainly hope that the application would reflect that letter and
also the setback variances that are required. This is in a One
Acre zone, and while, it's a prior nonconforming lot which existed
well before any zoning in the Town of Queensbury, and while in most
of the Town of Queensbury, or a good portion of the Town of
Queensbury, this lot would be buildable without a lot size
variance, but since it's in a Critical Environmental Area, and also
within the Adirondack Park, under the Exception Provision of the
Town of Queensbury Ordinance for nonconforming lots, a variance is
required for that purpose, and that was the intent of the letter,
and I think the Planning Department has followed through with that.
This is a fairly large map for the parcel in question. This map
includes all of the property owned by Mr. Ruecker. I'll point out
that the road at the base of the map is the Cleverdale Road, and
Gunn Lane extends perpendicular to the Cleverdale Road in the
westerly direction, and then there is another Town road that
extends southerly from Gunn Lane. The property in question is this
43 hundredths of an acre parcel which is located on the lakeshore.
There's about 155 feet of lakeshore. I think I submitted 14 copies
of the map.
MRS. EGGLESTON-Fred wants to know. did the Warren County pass the,
to modify in there?
MR. TURNER-No. That's the three lot subdivision across the road.
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MR. CARVIN-Okay, but this is what I think we voted on in November
of '92. That's what went before the Planning Board.
MR. TURNER-Yes. That's the three lot subdivision.
MR. CARVIN-That's this here.
MR. TURNER-That's the one across the road.
MR. CARVIN-So they didn't really rule on this?
MR. TURNER-No. He had to get a variance for that. So they
couldn't rule on that. That's not included in that three lot
subdivision.
MR. CARVIN-That's what I'm saying, but we read this, I believe,
into the minutes, but that's the Warren County approval.
MR. REHM-The Warren County approval is for this variance. It has
nothing to do with the subdivision.
MR. CARVIN-Well, that's what I want to get clear, here, because
this has to do with the subdivision.
MRS. EGGLESTON-Yes.
went before.
This says an Area Variance for, November it
MR. REHM-This was some years ago.
MRS. EGGLESTON-No, 1992.
MR. REHM-Then it's wrong.
MRS. EGGLESTON-Yes. That's what we're saying. The Planning Board
did the wrong.
MR. CARVIN-Unless there's another one. I mean. I didn't find it.
MR. REHM-Well, I was at the County Planning Board meeting, and all
I can tell you is, that which was presented was the Area Variance.
No variance is required for the subdivision.
MR. CARVIN-I'm just pointing it out.
noted.
I think it should be duly
MRS. EGGLESTON-Yes. I think we've got it in there, Fred.
MR. REHM-Okay. In any event, this is a prior nonconforming
lakeshore parcel. There are currently no buildings on the parcel.
Just to orient you, the Hans parcel is located immediately to the
north, which we dealt with a couple of years ago, and this is,
essential 1 y, the same issue, and the parcels are not too much
different in terms of size. What Mr. Ruecker proposes to do is to
construct a new two story house on this parcel which is located on
the map and for which we have submitted architectural renderings
and floor plans. Because of the configuration of this lot, it is
not possible to construct a house and maintain all of the setbacks
which are required under the Queensbury Zoning Ordinance, and it
you'll notice on the maps, there is a dotted line area, which I'll
outline on this map in green, but exists, that is the only portion
of the lot that would be allowable for building and actually, if
the front setback is going to be considered to be 30 feet, it would
be less than that. In any event, it's a very small area. The side
setbacks are maintained, and Mr. Ruecker moved the house to the
south as far as he could and still maintain the setbacks, in order
to preserve the views from the various properties along Gunn Lane,
and to interfere with those views to the minimum extent possible.
The setbacks from the lake, if you include the deck and not the
house, and this is all very specific on that matter, would be a
minimum of 50 feet, and extending to a little bit greater distance
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in different parts of the area. There really is no alternative to
the construction outside of the setback areas. You simply cannot
build a house on this lot and maintain the setbacks. Mr. Ruecker
does not own any contiguous property. He owns property across the
street, which is not contiguous, and I think the issue has been
settled that this is a separate lot, and has nothing to do with
these other properties on the other side of the road. One of the
issues that is going to come up is, well, he owns this other
property over here, is he going to create an association and allow
access to the lake over this lot, and the answer to that is, no.
This is going to be a separate residential lot. and people that,
whether it's Mr. Ruecker or someone elsi that owns this p~operty
here will have no rights to access the ake or to use doðKS over
this residential lot. This is going to be his residence. Also
from a view point of view, you'll see on your map we've located
trees in the northeasterly corner of the lot, which to some extent,
particularly during the summer months, restricts the view of the
lake from the properties along Gunn Lane. There's no problem with
any views here, because Mr. Ruecker owns all this property. The
sewage disposal is a pump system. Because of the size of the lot,
it was not feasible to dispose of sewage on this lot, and so it is
going to be disposed of in an area that is located adjacent to
Cleverdale Road on other lands owned by Mr. Ruecker and the
appropriate easements will be granted. Jim Hutchins, who was the
engineer on this project, has submitted the engineering plans for
the sewage disposal system to the Town. They have been reviewed by
Rist-Frost, and Rist-Frost has approved of those. That also is
true with the stormwater management plans, and I think you
probably, in fact, I know you have copies of those. but basically
what's going to happen is all driveway and parking areas will have
trenches along the borders and will be designed so that water will
find its way into those trenches for subsurface disposal on the
lots. There'll be eaves trenches around the house, so that there
will be no additional stormwater runoff into the lake from this
lot. What you might want to look at is this print which should be
part of your package and was prepared by Mr. Hutchins, and it shows
the details of the stormwater management. It also shows that
during construction the filter fabric, the silt fences will be
around the entire site. Would you like my copy?
MR. TURNER-Yes.
MR. REHM-This was originally presented to the Planning Board last
month on the SEQRA Review, and last night, as was mentioned, the
Planning Board again reviewed the project from the SEQRA point of
view and rendered a negative declaration. If you include the size
of the building, the lot, the percentage of the lot occupied by the
building is between 11 and 12 percent of the lot. As you know,
under the new Area Variance Regulations, the task is to balance the
benefit to the land owner against the detriment to the community
and to the neighbors. Staff has outlined some of that information
for you. Other than the fact that we have that which is now a
vacant piece of land, which will have a house on it, which I
suppose could be argued by some to be a technical detriment, we, at
least in our analysis and the engineer's analysis, have been unable
to find any detriment of any significance. This house will be
setback further than the houses in the neighborhood. The Hans
house, as you know, is out on this point. The house to the south
is considerably closer to the lake and further to the west, both of
which, I suppose, would interfere with the view of this house.
Nevertheless, this is the minimum variance that is required. It
would be, obviously from Mr. Ruecker's point of view, it would be
better to move this house so that it's about 20 feet from the lake
so you can see around the house to the south, but that would be
unreasonable under the circumstances. Sewage disposal has been
deal t with. Stormwater runoff has been dealt with. There's no
substantial clear cutting required, and I would be happy to answer
any questions which you might have.
MR. TURNER-Any questions? I guess we don't have any right at this
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point, Mr. Rehm, so we'll open the public hearing.
PUBLIC HEARING OPENED
JOAN ROBERTS
MRS. ROBERTS-I'm Joan Roberts. I live in Cleverdale, and I just
have one question to ask. When you said there's not going to be a
homeowners association, that this lot will not be used to funnel,
are you saying that several docks are going to be removed?
MR. RUECKER-There are no plans to remove the docks or to add any
additional docks. What I was saying is that under the Town of
Queensbury Zoning Ordinance, it's illegal, I believe in this zone.
to rent any dock space, and as far as the lots, there's a separate
subdivision. As far as the subdivision lots are concerned, those
people will receive no rights to use the docks or to use the beach
or anything like that.
MRS. ROBERTS-A variance was given to Mr. Ruecker, two years ago,
perhaps, and at that time he did intend to use that for the.
MR. REHM-Yes. I don't think they can be rented, legally.
MRS. EGGLESTON-How many docks are there, Mrs. Roberts?
MRS. ROBERTS-Perhaps there is five, six, seven. There are enough
for quite a few boats. It's a mini marina.
MRS. EGGLESTON-It's a mini marina.
MR. REHM-Maybe you should know that some number of years ago, an
application was before the Planning Board to create a four lot
subdivision, four back lots, and to use this lake shore lot as an
association lot, and a variance was granted for that purpose, and
at that time, the basis for the variance, one of the basis for the
variance was that the lake shore lot would remain vacant. but the
subdivision was never approved. For some reason they never
followed up on the approval with the Planning Board, and everything
dies after a year. It wasn't done.
MRS. EGGLESTON-Mr. Rehm, would Mr. Ruecker be willing to take out
some of those docks? I mean, certainly a residence doesn't need
six or seven docks, and it would certainly alleviate his neighbor's
fears. I can see their apprehensions.
MR. REHM-To be perfectly honest with you, I don't think his
neighbors have any fears, and I can't speak to whether or how many
the docks, because I don't know the condition of the docks or the
size of the docks or what they're currently used for or anything
like that. What I do know is that the docks cannot be rented, in
this particular zone.
MRS. EGGLESTON-But as you and I both know, you can have your
friends, or a multitude of friends that use the docks, which would
be the same as renting them, even though it could very well be used
in that degree.
MR. REHM-I'm aware of that in some cases, yes. He's got, I've
talked to Mr. Ruecker about the use of the subdivided lots,
assuming that those are approved, and the current use of those
right now is rental property and he's got a couple of sons, or
family members anyway, that use a couple of cottages there, and he
told me that he would not want to be prohibited from allowing his
kids to use the docks, who probably will have boats, and so that's
about all I can say. All I can say is that he is not entitled to
rent the dock space, and if he rents a house, and allows the renter
to utilize the dock space, I don't know how that comes down in the
Town of Queensbury law, to be perfectly honest with you, but I'm
not able, at this time, to say that he would be willing or would be
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unwilling.
MRS. EGGLESTON-He's not here tonight?
MR. RUECKER-He's not here tonight. I think I would say one more
thing. You've seen the plans, I hope, of the building that he's
going to construct. I would assume that given the financial
investment that he's going to make in the residence, he's not going
to want to have a "mini marina".
MRS. EGGLESTON-Well, I guess I can
substantial inves:t.UIent-p you wouldn't
tront of your reS1denc~.
say
want
to that, if it's
seven docks stuck
a
in
MR. REHM- I don't know how many docks.
seven docks there.
I don't think there are
MR. THOMAS-The only thing I'm thinking about is what about Warren
County, what their Planning Board has to say about this? We don't
have anything from them.
MR. TURNER-Yes, we do.
MRS. EGGLESTON-We do, but it's based on the wrong information.
MR. THOMAS-It's based on the wrong information. It doesn't mention
anything about this separate lot. This is based on the other three
lot subdivision.
MRS. EGGLESTON-Yes.
MR. REHM-The three lot subdivision was not presented to Warren
County. That says an area variance. It also mentions the three
lot subdivision. I understand that, but it says an area variance.
I would appreciate some help from the Planning Department. This
presentation was made to Warren County just on the basis of this
lot and this variance. Now someone from the County apparently
added to that some mention of the subdivision, but if you look at,
I think, the title, the first thing that you had submitted that's
included on that form is Area Variance, and if I'm not wrong.
MRS. RUTHSCHILD-I think it's an error on their part, of including
the subdivision question, because we submitted the Area Variance to
them. That was it.
MR. REHM-The subdivision application was not submitted to the
County.
MR. MARTIN-Subdivisions don't get County.
MR. REHM-That's right.
MR. CARVIN-Well, I'm totally confused as to what we're looking at,
to be honest with you, because I'm looking at the Planning Board
minutes, here, of November the 24th, and to be honest, I thought we
were looking at the three lot subdivision.
MRS. EGGLESTON-And they refer to that in their minutes.
MR. CARVIN-Everything refers to the three lots.
MR. REHM-The Warren County Planning Board?
MR. CARVIN-No. This is the Queensburv Planning Board.
MRS. EGGLESTON-The Queensburv Planning Board.
MR. REHM-Well, yes. There is a subdivision application before.
MR. MARTIN-That three lot subdivision is currently before them as
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a subdivision. The thing that's confusing about this is that it's
really two applications reflected on one plat.
MR. TURNER-One lot. Okay.
MRS. EGGLESTON-So how can you be so sure, then, that the Warren
County is not their answer to the three?
MR. MARTIN-They received the Area Variance application. They did
not receive the subdivision. Subdivision applications simply, as
a matter of fact, do not go to the County for review. They don't
review subdivisions. They review variances and site plans.
MR. TURNER-That's in the application that they made out. That's
where it's confusing. The only thing that's before us is this lot
right here.
HR. CARVIN-I guess, this particular lot is the commercial use.
That would be what it boils down to.
MR. TURNER-Well, the commercial use, the size of the lot, it's
under one acre, the setback. He's got to have relief from the
front and the lake and the area.
PUBLIC HEARING CLOSED
CORRESPONDENCE
MRS. EGGLESTON-We've got a letter from Merle N. Fogg, Jr., "Please
record my opposition to the application of Harry Ruecker for
construction of a single family dwelling on a preexisting
nonconforming lot, and seeking relief from shoreline setback, lot
size requirement, and front yard setback. One, any dwelling would
impair my view of the lake. Two, Mr. Ruecker has already made a
marina on his lakefront property. His customers park on his
property adjacent to mine. Their activities during the day and at
night are a disturbance and an annoyance that I have been forced to
endure. Three, in addition, Mr. Ruecker now has four rental
properties adjacent to the lot in question. His commercialism in
this regard has impaired the area's atmosphere of one family summer
camps. Rental customers do not have the same respect for the
welfare of the permanent residents such as we have for each other.
They are there to party and the devil with anyone else. Four,
their creation of another commercial enterprise with additional
sewer and boat use contamination of the lake is something our area
does not need or want."
MR. REHM-Could I just point out one thing? Mr. Fogg's.
MR. TURNER-He owns just a little strip down through here. Is that
correct?
MR. REHM-Mr. Fogg's trailer, mobile home, is located on the corner
of Cleverdale Road and Gunn Lane, and while he does have a view,
the effort was made to move the house. He is the furthest away,
that could be effected, and the effort was made to move the house
to the south to maintain the view from his trailer as much as
possible.
MR. CARVIN-I don't think we can force the issue, I really don't.
Joyce was just saying about the dock, and I don't think we can
force the issue on the dock.
MR. TURNER-No. If they're there, you can't tell him to take them
out. It's an enforcement issue.
MR. CARVIN-Yes. It would be a goodwill gesture, obviously, but I
don't think it's something that we can.
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MRS. EGGLESTON-We can't enforce it, but we could make it part of a
bargain.
MR. TURNER-Yes, you could.
MRS. EGGLESTON-He gets the house he wants, in turn for removing.
MRS. PALING-For removing the docks.
MRS. EGGLESTON-I don't know. How do you feel, Chris?
MR. THOMAS-I don't think you could force the issue with the docks.
MR. TURNER-No.
MR. THOMAS-They're there.
MR. TURNER-They're there.
MR. THOMAS-We can't make him take them out.
MR. TURNER-No.
MR. THOMAS-You can. like you said, enforce it through the Zoning
Enforcement Officer.
MR. TURNER-The last time around, when this four lot subdivision
came up, this was part of it, and there was a lot of response from
the neighborhood, as to the particulars of this lot, and the action
that was going to come about as the result of that· subdivision.
So, this time around, evidently. the neighbors are not concerned,
because they're not here.
MRS. EGGLESTON-Ted, I'm sorry. I've got another letter in here
that I've just come across, on fax.
MR. TURNER-Okay. Read it into the record.
MRS. EGGLESTON-Okay. This one is from Roland L. Falkner, and his
wife Rosemary, It Dear Board Members: Once again Mr. Ruecker applies
to the Board for a variance. This is no different than his
previous application heard on October 16th, 1985. At that time, I
addressed my comments to the Board in writing, a copy of which I
enclose herewith. My thoughts have not changed. At that time Mr.
Ruecker wanted to build a place for his mother. The request was
denied at that time, and I know of no compelling change in
circumstance existing today. Additionally, Mr. Ruecker applied,
via the Planning Board, in April of 1988, and appeared with his
attorney Robert Stewart. My wife and I attended and arrived back
home at one a.m. the next morning. It was agreed that Mr. Ruecker
could divide the rear lots, but could not build on the waterfront.
He was also advised at that time that the waterfront should be
deeded over as a common area for the future new owners of the rear
lots as subdivided, and that his marina was in violation and must
go. Of course Mr. Ruecker has not done any of the above. Again,
I stress that Mr. Ruecker bought the entire property, except for
the myriad of docks. as it exists today. When his predecessor in
ti tIe was given permission to remove the main house from the
waterfront to the rear lots, it was stipulated that no new home
could be built in the shore lot. I presume Mr. Ruecker hopes that
if enough time passes, people will forget. I also note that Mr.
Ruecker always times his applications so that they are heard during
those seasons when we residents, for the most part, find it most
inconvenient to attend due to distance and time." Another one, by
Richard Masser, "As a property owner in the immediate vicinity. I
must take issue at this time with this proposal. One, a good
portion of my direct view to the lake is across the lot being
proposed for the construction of a residence. Without more
information, I have to assume that this building would
significantly reduce the view of the lake from my property. Two,
9
what are the plans for the other two lots? What will be the
intended use of the land? Will there still be renters, sales to
private owners? Three, as far as shore view of the construction
lot, will there still be day boaters renting docking space or will
we be restricted to the property owners or renters of same? For
the record, I am opposed to granting the variance. Wi th the
receipt of more information and getting answers to the above
questions, I might consider my position. I would encourage your
members to discuss this proposal wi th me and submit some basic
plans for the construction lot. It would be the neighborly thing
to do. I just hope, based on these comments, the Board will not
grant the variance. Gunn Lane Richard Masser" That's it, I
guess.
MR. TURNER-Is that it?
MRS. EGGLESTON-Yes. I think so.
MR. REHM-Mr. Turner, there are a couple of things I'd like to say,
if I could. The dock issue, well, the Town of Queensbury has
regulations. They're preexisting, so I suppose they're legal as
far as the Town of Queensbury is concerned.
MR. TURNER-Yes.
MR. REHM-Under the Zoning Ordinance in this zone, I feel confident
that this dock space cannot be rented, but there's a whole other
issue, and that has to do with the Lake George Park Commission, and
Mrs. Roberts was just up here. Under the Lake George Park
Commission Regulations, that would be considered to be, and I hate
to use this term, but under their Regulations, if we have a docking
facility where other people, not the owners of the land, use the
dock, it's considered to be a marina, and that would be a Class A
Marina, and I feel confident that it's not licensed as a Class A
Marina. So there are some real problems with continuing the use of
those docks, and I really don't think that that's much of a
problem. If Harry Ruecker's going to build a house on this lot, a
house of the type as you see, he is certainly not going to have a
marina. Secondly, I would like to quote from the minutes, from the
resolution of this Board, May 18th, 1988. It says, "One feasible
alternative without a variance would be the 3.2 acre parcel that is
not associated wi th the lake frontage could be made into three
conforming lots. The applicant would then be able to build a
dwelling on the lake shore lot, because it is a preexisting
nonconforming parcel. Now that's exactly what is planned. While
the variance was granted before non-lakeshore came through, it's
then reduced to three, and that variance died because it wasn't
done within a year. in any event. So I think that this project as
proposed. and also, if you take a look at the subdivision, falls
squarely within the finding of this Board some years ago, and for
that reason, I think that that second letter is really not correct.
MR. TURNER-Germane.
MRS. EGGLESTON-Ted, I don't think the issues he agreed to in 1985
are germane. Why?
MR. TURNER-It's totally different.
proposal last time, and the Board.
That was included in his
MR. CARVIN-The lot was voted down, so it never really went into
force.
MR. TURNER-No.
It never went into.
MRS. EGGLESTON-The one where he applied to build his mother a house
on the same lot?
MR. TURNER-No.
10
MRS. EGGLESTON-And he agreed to certain provisions there?
MR. TURNER-No. I don't recall that.
MR. REHM-I have no knowledge of that.
MR. TURNER-I have no knowledge of that, either.
came out, I don't believe.
That never even
MRS. EGGLESTON-He says he was here.
MR. REHM-Well~ that'fl. what the letter says, but I have no knowledge
o~ any sucn a~p~Ica~~o~.
MR. TURNER-No. The big concern the last time was the use of that
lot as a commercial lot.
MR. CARVIN-Mr. Ruecker doesn't live on any of these other lots,
does he?
MR. REHM-He spends the summer there.
MR. CARVIN-Just the summer?
house?
What, in one house here, the big
HR. REHM-Yes. I can't tell you which one. There are four
buildings in existence. The proposal is to remove this one so that
actually, half of what's being done is one building's being removed
and another building, so that the remaining total will be four
after the pro j ect is done. I can sympathize with people losing
their view, because somebody's going to build on this lake shore
lot, but on the other hand, it's a very valuable piece of property,
and I think it's being done in an order that mitigates the impact
on the neighbors to the extent possible.
MR. TURNER-Yes. That was the motion. I remember that, but this is
different. This is a different scenario.
MR. CARVIN-See, they turned down the original three lots. So that
kind of killed that whole proposal, as far as I can tell.
MR. TURNER-Yes. We never acted on either.
MR. CARVIN-I guess it's been kind of sitting in limbo.
privy to the 1988 minutes.
I'm not
MR. TURNER-It's on the back page. Just for the Board's
information, he's got 155 feet of shoreline, and according to the
Ordinance, he's entitled to two docks. If he had no docks there,
he could have two. This piece of property was going to remain a
common area on that proposal the last time around, and this is not
the case this time.
MR. CARVIN-There is plans to take out one of the camps, right?
MR. REHM-Yes, there is, that's shown on the map. This is a more
recent copy of the map. You might not have it, but the Planning
Board has it, but it shows that this is to be removed.
MR. CARVIN-Okay. I assume all the Lake George Associations and all
the other environmental concerns have all been address in a
positive manner so that nobody got any objections to it?
MR. TURNER-They will, but this goes to the APA anyway.
MR. CARVIN-Yes. So it's got to go.
judgement on it to boot?
So they've got to pass
MR. TURNER-Yes.
11
MR. CARVIN-Is this the accurate figure. Ted, the .47 acre relief?
MR. TURNER-.57 acre relief.
MR. CARVIN-They've got .47 acre.
MR. TURNER-The project site is .43, right here on your map.
MR. CARVIN-Are we granting. what, looking to granting .47?
MR. TURNER-No, .57.
MR. CARVIN-.57.
MR. TURNER-Yes. He needs relief from that and he needs relief from
the front yard setback of 10 feet, and he needs 25 feet of relief
from the shoreline. What size is the house, other than the 28 for
the square footage. How many bedrooms?
MR. REHM-Three bedrooms, but as I look at the plans, there's a room
that can, theoretical 1 y, be used as a fourth bedroom.
Consequently, we had the engineer design the sewer system for a
four bedroom house, and you'll see on the plans that it's a four
bedroom design, which Mr. Ruecker questioned seriously because of
cost, increasing the size of the sewage disposal system, but I've
done enough of this to know that many times Boards will look at
this and say, that study or den or whatever it is could very well,
particularly if it's upstairs, be another bedroom. So that's
designed for the maximum. That's what we've done.
MRS. EGGLESTON-And how many members in Mr. Ruecker's family?
MR. REHM-I have no idea.
grandchildren.
His kids are grown.
I mean, he's got
MRS. EGGLESTON-Is he an older man?
MR. REHM-Well, that depends, I suppose, on your point of view. I
would guess that he's in his mid-50's. His children are grown, and
he has grandchildren.
MRS. EGGLESTON-And what type rooms are downstairs?
MR. REHM-I submitted the plans. I can show you.
MRS. EGGLESTON-Just to see it. I just wondered.
MR. REHM-Okay. Downstairs. Well, let me show it to you. There's
a garage and a storage room and a study, and the breakfast room.
This is the lakeshore. That's the lake. and this is the so called
Great Room, which is the living room, and an entry.
MRS. EGGLESTON-A three car garage?
MR. REHM-It' s better to have it that way then to have stuff
outside, boats and snowmobiles and things like that out and around.
See, we don't have any problems as far as side setbacks anyway.
MR. TURNER-No.
MRS. EGGLESTON-Yes. It's just the shoreline.
permeability test done, Ted?
Was there a
MR. TURNER-That was my concern. That house is 40 foot wide and 72
feet long. It's the size of the house and the size of the lot.
MR. REHM-Well, I've got the living area. The living area, first
floor, is 1,290. The second floor is 904, for a total of 2,194
square feet.
12
MRS. EGGLESTON-The Staff Notes say 2,887 square feet.
MR. REHM-This is from the architect. They're including the garage
no doubt.
HR. TURNER-Yes.
MRS. EGGLESTON-Okay.
MR. REHM-I think this is, in square feet, smaller than the Hans
house. It seems to me that the Hans house was 27 or something.
MR. TURNER-Yes, but he had more land.
MR. REHM-Did he? I can't remember.
MR. TURNER-Yes. I looked at the card, because I was comparing his
house with this house, and he had an acre of land, according to the
card, but that doesn't sound right either.
MR. REHM-I don't think it is.
MR. CARVIN-Is a motion still in order, Ted?
MR. TURNER-Yes, it is.
MOTION TO APPROVE AREA VARIANCE NO. 121-1992 HARRY RUECKER,
Introduced by Fred Carvin who moved for its adoption, seconded by
Marie Paling:
That we grant .57 acres relief from Section 179-16C, 10 feet relief
from the front yard setbacks, and 25 feet relief setback of all
principle buildings from the mean highwater mark of a shoreline.
Because of the unusual configuration of this lot, in order for the
applicant to conform to the current zoning rules would in essence
make this an unbuildable lot. This appears to be the minimum
variance necessary to alleviate the specific practical difficulty.
The proposed project would be reasonably consistent with the
character of the neighborhood. It does not appear that by granting
this variance that there will be any effect on public facilities or
services.
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mr. Carvin, Mrs. Paling, Mr. Thomas, Mr. Turner
NOES: Mrs. Eggleston
ABSENT: Mr. Philo
NEW BUSINESS:
AREA VARIANCE NO. 1-1993 TYPE II LC-10A DONALD KRUGER OWNER:
SANDRA EGGLESTON FULLER ROAD APPLICANT IS PROPOSING CONSTRUCTION
OF A SINGLE FAMILY DWELLING ON A PREEXISTING NONCONFORMING LOT.
REQUIRED FRONT YARD SETBACK IS ONE HUNDRED (100) FEET. PROPOSED
FRONT YARD SETBACK IS FORTY-SIX AND SIXTY-TWO HUNDREDTHS (46.62)
FEET. APPLICANT IS SEEKING RELIEF OF FIFTY-THREE AND THIRTY-EIGHT
HUNDREDTHS (53.38) FEET. REQUIRED REAR YARD SETBACK IS ONE HUNDRED
(100) FEET. PROPOSED REAR YARD SETBACK IS SEVENTY-ONE AND NINETY-
SIX HUNDREDTHS ( 71. 96 ) FEET. APPLICANT IS SEEKING RELIEF OF
TWENTY-EIGHT AND FOUR ONE HUNDREDTHS (28.04) FEET. REQUIRED
PERMEABILITY IS NINETY-FIVE (95) PERCENT. APPLICANT IS PROPOSING
APPROXIMATELY EIGHTY-EIGHT (88) PERCENT PERMEABILITY. APPLICANT IS
SEEKING SEVEN (7) PERCENT RELIEF. (WARREN COUNTY PLANNING) TAX
MAP NO. 123-1-15.22 LOT SIZE: 0.38 ACRES SECTION 179-13C
DONALD KRUGER, PRESENT
STAFF INPUT
13
Notes from Staff, Area Variance No. 1-1993, Donald Kruger, Meeting
Date: January 20, 1993 "SUMMARY OF PROJECT: Applicant is
proposing to construct a single family home on a vacant lot.
CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is proposing
forty-six and sixty-two hundredths (46.62) feet front yard setback
and is seeking fifty-three and thirty-eight hundredths (53.38) feet
relief from Section 179-13C, which requires one hundred (100) feet
as the front yard setback. 2. Applicant is proposing seventy-one
and ninety-six hundredths (71.96) feet rear yard setback and is
seeking twenty-eight and four hundredths (28.04) feet relief from
Section 179-13C, which requires one hundred (100) feet as the rear
yard setback. 3. Applicant is proposing approximately eighty-
eight (88) percent permeability and is requesting seven (7) percent
relief from Section 179-13C that requires ninety-five (95) percent
permeability for the Land Conservation zones. REVIEW CRITERIA: 1.
DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES NOT ALLOW PLACEMENT OF
A STRUCTURE WHICH MEETS THE ZONING REQUIREMENTS. The practical
difficulty rests with the fact that this is a preexisting
nonconforming lot whose size (.38 acre) prevents placement of the
proposed structure within the zoning requirements. 2. IS THIS THE
HINIMUM VARIANCE NECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL
DIFFICULTY OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD
REQUIRE NO VARIANCE? As the size of the lot prohibits placement of
the proposed structure to meet the zoning requirements, it would
appear that the minimum variance would be necessary to alleviate
the specified practical difficulty and no other option is available
that would require no variance. 3. WOULD THIS VARIANCE BE
DETRIMENTAL TO OTHER PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD OR
CONFLICT WITH THE OBJECTIVES OF ANY PLAN OR POLICY OF THE TOWN?
Applicant believes that the proposed project, which is an expansion
of a previous application for a single family home, will be in
keeping with the character of the neighborhood and will not be
detrimental to other properties in the district, nor conflict with
the objectives of any plan or policy of the Town. 4. WHAT ARE THE
EFFECTS OF THE VARIANCE ON PUBLIC FACILITIES AND SERVICES? It
appears that the variance will not effect public facilities or
services. 5. IS THIS REQUEST THE MINIMUM RELIEF NECESSARY TO
ALLEVIATE THE SPECIFIED PRACTICAL DIFFICULTY? As there is no other
practical place to site the proposed project on the parcel in
question, it would appear that the relief requested is the minimum
relief necessary to alleviate the specified practical difficulty.
STAFF COMMENTS AND CONCERNS: The applicant is proposing to
construct a single family dwelling which is approximately thirty
(30) percent larger than a proposed structure which was recently
granted an area variance for this parcel. The proposal will
further reduce the front and rear yard setbacks along the twenty
(20) foot width of both the front and rear yard porches in addition
to reducing the permeability of the lot to eighty-eight (88)
percent. Although this parcel is very small for the zone in which
it is located, and further reduction of setbacks and permeability
criteria are issues the Board should address, the staff is
concerned that if the proposal is approved, that this project be
the final development of the parcel. ATTACHED TO THIS PACKET ARE
COPIES OF THE FOLLOWING: 1. The ZBA's previous resolution of Area
Variance No. 78-1992 granted to this parcel on October 21, 1992.
2. The previous application's site plan."
MRS. EGGLESTON-And I'm going to abstain, Ted. So I'll stay out of
the discussion.
MR. TURNER-Mr. Kruger.
MR. KRUGER-I'm Don Kruger, and I'm here representing Sandra
Eggleston. We requested and were granted a variance before, got a
building permit, and upon clearing the land and erecting the
foundation, we decided that the house that we were proposing to
build really wasn't what should be on that piece of property. She
has a beautiful piece of land up there, and essentially what we're
doing is adding a front porch to it. It's like five feet off the
house and 20 something feet wide and we want to cantilever the
14
_.
house to off the back of the foundation, so it'll make a 26 feet
house instead of a 24 foot width. The length will still remain the
same, 48 feet, and we wanted to put a screened porch out in the
back. We talked to the neighbors and the objection they had before
was the house being too small, and the neighbors that objected
before have no objection to it now.
MR. TURNER-Okay.
regards to this?
hearing.
Anyone have
Okay. All
any questions of Mr.
right. Let me open
Kruger, in
the public
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
CORRESPONDENCE
MRS. EGGLESTON-We have a letter from Sharon Bailey, .. As I have
stated several times in the past, I am opposed to a building on the
lot presently owned by S. Eggleston. The lot is so vastly
nonconforming to the LC-10 requirements that it takes away from the
reasons why others bought property in that area, such as to have
some precious space around them. BUilding on a lot less than one
acre, in an area that is set up to have one house per 10 acres
certainly is 90 percent non-compliant. Another area in question is
why the meeting now. Ms. Eggleston has already had the basement of
proposed house constructed. It seems as though, on this particular
situation, the Town Board has been working for the minority. I
understand that the majority of the neighbors oppose this building
site and have openly stated to that effect. As the saying goes, is
the Board closing the barn door after the horse is out? Does our
Queensbury government work on the basis of what your name is and
where you work, or is it a government for the general populous in
Queensbury? At this point in time, I would shudder to answer this
question. based on the past performance of our Town Board. I vote
opposed to a variance regarding this substandard sized lot for an
LC-10 rated area."
MR. TURNER-Who was that? Bailey?
MRS. EGGLESTON-Bailey? Yes.
They're on that street.
I think they were one of the ones.
MR. TURNER-Yes, but I thought she sent a letter in support of it
the last time.
MR. KRUGER-That was Mr. Bailey.
MR. TURNER-Mr. Bailey? Okay.
MR. KRUGER-I think they're divorced, at this point, and I guess
we're kind of caught in a marital dispute. but I have a letter in
support from him.
MR. TURNER-I know there was a letter in support.
MR. CARVIN-That was on the original, right?
MRS. EGGLESTON-Yes.
MR. CARVIN-So that really is irrelevant. in this particular case.
MR. TURNER-Yes. Okay. Any further questions of Mr. Kruger?
MR. THOMAS-Yes. The letter stated that the basement was in. Is it
in?
HR. KRUGER-Yes.
15
MR. THOMAS-Is it 24 or 26 feet, width.
MR. KRUGER-The foundation is 24 by 48 with a one car garage on it.
HR. THOMAS-Okay.
MR. KRUGER-If we build this house, and you give us the approvals,
we're going to just cantilever the back two feet. \
MR. THOMAS-Okay.
MR. CARVIN-Have you looked at any other designs, in other words,
that doesn't encroach on St. Andrews on the western side?
MR. KRUGER-It does not encroach on Mr. St. Andrews. We're still at
the same side yards. We just want a five foot front porch on the
front.
MR. TURNER-Yes. He's going to cantilever his back.
MR. CARVIN-Okay. This has already been approved, this garage?
MR. TURNER-Yes.
MR. CARVIN-So we're just looking at this then?
MR. TURNER-You're looking at the porches, and the cantilevering in
the back to pick up that other additional footage.
MR. CARVIN-Okay. So we're not encroaching, we're not going east or
west on this?
MR. TURNER-No. I don't think so. Is that correct?
MR. KRUGER-Does that show the proposed additions on what you're
looking at?
MR. CARVIN-No. That's why I'm looking at two drawings here, and I
don't know which one is which. See, I thought this was the
original. So I thought you were adding a garage here.
MR. KRUGER-No. The garage is on it.
MR. CARVIN-The garage is already approved. Okay.
MR. KRUGER-So essentially that 20 foot side yard.
MR. CARVIN-So all you're doing is just adding this little porch.
HR. KRUGER-Maybe this is a little clearer than what you have.
MR. CARVIN-So these are just the two?
MR. KRUGER-Yes, and two feet more on the house.
MR. CARVIN-Okay, going back, not towards the sides.
MR. TURNER-It isn't going to change much.
questions? If not, we'll get on with this.
Okay.
Any further
MR. CARVIN-As long as it's going north, south. It's not going
east, west. So it really is not going any closer. They're just
going out the back another two foot.
MR. TURNER-Okay, a motion's in order, then.
MOTION TO APPROVE AREA VARIANCE NO. 1-1993 DONALD KRUGER,
Introduced by Theodore Turner who moved for its adoption, seconded
by Chris Thomas:
16
To grant relief to the applicant from the front and rear yard
setback. The applicant is seeking 53.38 feet of relief from the
front yard setback from the requirement, which is 100 feet, and
he's seeking 28.04 feet of relief from the rear yard setback, from
the requirement, which is 100 feet. This is a preexisting
nonconforming building lot and although it is substandard from the
current zoning regulations, the applicant has the right to build on
this lot, and this would allow the applicant reasonable use of the
property while granting relief necessary from the setbacks. It
would not adversely effect public facilities and the relief on the
permeability is seven percent relief from the required ninety-five
percent.
Duly adopted this 20th day of January, 1993, by the following vote:
MR. CARVIN-Ted, before you, do you want to address the issue that
Staff is concerned that if the proposal is approved that this
project be the final development of this parcel?
MR. TURNER-I think the Staff has the right to make that comment,
but I think the applicant also has a right to further pursue an
application if he so desires. and it's up to the Board. at that
time, to consider the application and to either approve it or deny
it.
MR. CARVIN-All right.
MR. TURNER-I don't see any further development that could go on on
that property. I think it's just a moot question.
AYES: Mr. Thomas, Mr. Carvin. Mrs. Paling, Mr. Turner
NOES: NONE
ABSTAINED: Mrs. Eggleston
ABSENT: Mr. Philo
AREA VARIANCE NO. 2-1993 TYPE II SR-1A WILLIAM L. POTVIN OWNER:
WILLIAM L. POTVIN MITCHELL L. POTVIN. WILLIAM J. MATHER MARIGOLD
DRIVE (LUZERNE ROAD TO LAUREL LANE TO MARIGOLD DRIVE) APPLICANT IS
PROPOSING CONSTRUCTION OF TWENTY (20) SINGLE FAMILY HOMES ON A
VACANT LOT. REQUIRED LOT AREA IS ONE (1) ACRE PER PRINCIPAL
BUILDING. PROPOSED LOT AREA FOR EIGHTEEN (18) LOTS IS FROM ONE
HALF (1/2) ACRE TO THREE QUARTERS (3/4) ACRE. APPLICANT IS SEEKING
RELIEF OF ONE QUARTER (1/4) ACRE TO ONE HALF (1/2) ACRE. REQUIRED
LOT WIDTH IS ONE HUNDRED AND FIFTY (150) FEET. PROPOSED WIDTH FOR
FOURTEEN (14) LOTS IS FROM NINETY-FOUR (94) FEET TO ONE HUNDRED AND
TWENTY-FIVE (125) FEET. APPLICANT IS SEEKING RELIEF OF TWENTY-FIVE
(25) FEET TO FIFTY-SIX (56) FEET. TAX MAP NO. 121-1-53.1 SECTION
179-19(A). (C) LOT SIZE: 44.246
MICHAEL O'CONNOR. REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 2-1993, William L. Potvin,
Meeting Date: January 20, 1993 "SUMMARY OF PROJECT: Applicant is
proposing construction of twenty (20) single family homes on a
vacant lot pending subdivision approval. CONFORMANCE WITH USE/AREA
REGULATIONS: 1. Required lot area is one (1) acre for one (1)
principal building wi thin zone. Proposed lot area for eighteen
(18) lots is from one halt (1/2) acre to three quarters (3/4) acre.
Applicant is seeking relief of one quarter (1/4) acre to one half
(1/2) acre for applicable lots. 2. Required lot width is one
hundred and fifty (150) feet. Proposed lot width for fourteen (14)
lots is from ninety-four (94) feet to one hundred and twenty-five
(125) feet. Applicant is seeking relief of twenty-five (25) feet
to fifty-six (56) feet for applicable lots. REVIEW CRITERIA: 1.
DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES NOT ALLOW PLACEMENT OF
17
----
STRUCTURE WHICH MEETS THE ZONING REQUIREMENTS. Proposed project
site is surrounded on two sides by parcels of less than a half
(1/2) acre including a Mobile Home Overlay District, and considered
inconsistent for development as zoned. 2. IS THIS THE MINIMUM
VARIANCE NECESSARY TO ALLEVIATE THE SPECIFIED PRACTICAL DIFFICULTY
OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE NO
VARIANCE? As the project is proposed for the site, it would appear
that the required relief is the minimum variance necessary to
alleviate the specified practical difficulty and it would appear
that no other option is available for the proposed project. 3.
WOULD THIS VARIANCE BE DETRIMENTAL TO THE DISTRICT OR NEIGHBORHOOD
OR CONFLICT WITH ~HE OBJECTIVES OF ANY PLAN OR POLICY OF THE TOWN?
It would appear that the variance would not be detrimental to the
neighborhood or district as it is consistent with existing
development in the area, and would not conflict with the objectives
of any plan or pOlicy of the Town. 4. WHAT ARE THE EFFECTS OF THE
VARIANCE ON PUBLIC FACILITIES OR SERVICES. It would appear that
the variance would not effect pUblic facilities or services. 5.
IS THIS REQUEST THE HINIMUM RELIEF NECESSARY TO ALLEVIATE THE
SPECIFIED PRACTICAL DIFFICULTY? It would appear that the minimum
relief is necessary to alleviate the specified practical difficulty
as project is proposed. STAFF COMMENTS AND CONCERNS: Applicant
has presented the Board with three (3) variations regarding the
design of the subdivision and the various nonconforming lot widths
and lot areas associated with each of those designs. If project is
to be approved, degree of relief granted for the area and lot
widths will be determined by selection of specific subdivision
design."
MR. CARVIN-Mr. Chairman, I'm going to ask to be excused from this
particular.
MR. TURNER-Okay. Mr. O'Connor
MR. O'CONNOR-Mr. Chairman, I'm Michael O'Connor from the law firm
of Little & O'Connor. I'm here representing the applicant. With
me is Leon Steves, from the surveying firm of VanDusen & Steves,
and Michael Vasiliou, who is a builder, who I'll call upon as part
of my presentation. First, if I can, I would like to kind of set
some background for the request that we have before the Board.
This is a subdivision which is on the north side of Luzerne Road,
and east of West Mountain. It is called Clendon Ridge, and it was
developed in 1971, as far as it has been developed to this point.
At that time, 49 lots were approved, and at that time, a portion of
the land was left vacant, and was noted as being owned by the
developer on the subdivision map that was submitted and filed at
the County Clerk's Office, and which I believe was passed out to
many of the different people that purchased the lots. The parcel
that we're talking about in particular is this area right here.
which is on the east side of the existing subdivision, lying
between the subdivision and Birch Road. If I were to draw Birch
Road, it would be over here, and there would be a set of lots along
the west side of Birch Road that adjoin the back of this particular
property. To get to the property, you go to Luzerne Road, and then
come in through the existing subdivision, Laurel Lane and Marigold
Drive, and then into what we proposed as our particular
subdivision. On the subdivision map, we have shown the area to be
subdivided as 44 acres, and I did that because the developer has,
in addition to what is the 15 acres over here, 24 acres, I believe,
and it's actually 49, I've got the figures on the table there, of
other land right here, which it does not intend to develop, and I'm
not 100 percent sure, but if we applied, maybe, for relief under
clustering, we might not be here, or might not need to be here.
'¡'his seemed to be the quickest way to go forward. There's no
intention of developing this property over here. Clustering is
permitted in this zone. It's not contiguous, and that's a question
I've got in the back of my mind, it would maybe call for an
interpretation, which would get us into a two month cycle, and I
thought instead of doing that, I would come, present the plans as
they are and see what this Board's reaction is. If you took the
18
total piece. and this is all one tax map. and I'll show you a tax
map in a minute. It's all one parcel on the tax maps, and I showed
you our proposed plan, which is either 20 or 21 lots. We would be,
on a cluster basis, an average in excess of two acres per lot, as
far as density goes. The required density of that zone is one
acre. I say that just so everybody gets a feeling of impact that
we have or that we propose here. Our thought is, and I'm not sure
how we'll work this, we would either offer this 24 acres that is on
this side of the development, which would be the west side of the
development, which would be the west side of the development, to
the Town, as an open space, green area, whatever they, would like
~~e ~o th'J-fl) oÍ1hna ~llrrcfon o~ rð~î t rg& ~ n& r5u ~.u I ~ hneortee itsh~ t d~\}~ 1 oÞ~e fl£
that is being planned on West Mountain Road that adjoins this,
which also has a part of that John Clendon Brook. Herald Square
Section III, which is on the south side of Luzerne Road, also has
a section of John Clendon Brook. It might be an opportunity, from
a conservation point, to actually have a good nature walk along
that whole section, by the Town or by residents. If the Town does
not want that as a parcel for open space or green space or
recreation area. it's not something you can build a ball field on,
then probably what we would do is offer to just whack it up among
the people that live along this. We would extend their building
lines back to the end of the parcel, if they so liked it, or so
wanted the parcel. We would put covenants in there, and I'd have
to work this out, that they could not build or do anything on it,
but it would be theirs. Other than that, what typically happens is
that the developer lets it go for taxes, and five years from now
you have somebody else in with another idea or proposal and it
doesn't really give you any finality. I think we can handle that
when we get to site plan review or subdivision approval. That's
where we are. and that's basically what is in existence right now
or approved right now. A little bit of history, too. If you take
a look at the first zoning map for the Town of Queensbury, and
because of the dating of the initial approval, you go back to the
1967 map. This area, in 1967, was zoned R-3 Residential. The lot
requirement, then, was 20.000 square feet. That's generally what
was followed when that development was put together. In 1974, as
part of the application, it was noted by the Health Department that
there were adjacent lands, and that the developer at that point,
which was a James VamValis, not the clients that I represent right
now, would have to declare his intention as to the balance of the
land. and he, in a 1974 letter, indicated that, at that time, he
would not develop the balance of the land until water became
available and he would, at that point, submit only 49 lots. There
is a Health Department rule that if you do not have municipal
water, you're not to go beyond 49 lots in a subdivision. Since
then, water has become available. The Health Department
acknowledged that by a letter of February 4th, 1974. I'll give the
Board a copy of the letter that was submitted by Mr. VamValis, and
the additional letter that was submitted by the Health Department
with regard to that, just for the purpose of your file, for
background. I also would like to give to the Board a copy of a
couple of the newspaper ads that appeared on June 4th, 1976, and as
I understand it, this is the only copy I have. I didn't go
research a whole bunch of papers, but this is the general scheme of
advertising that was used for this subdivision back then when it
was initially opened up. I'll call the Board's attention to the
language in the ad at that time. This 80 lot subdivision is nicely
treed and many parcels offer spectacular views. That was the
indication at that time, that it was not going to remain a 49 lot
subdivision as shown here. It was going to be an 80 lot
subdivision, and everybody, whether in favor of the proposal or
not, could get a little humor on the idea that the lots could be
purchased for $4,000 and the houses could be purchased for $36,000
on the lot. As part of the initial approvals and the initial
filings, and I think this must be some place here in the Town
archives, although we didn't ask anybody to search it out, there
was a subdivision map filed by VanDusen and Steves, which shows
exactly what we're talking about. In fact, it shows a much greater
19
density than what we're talking about this evening, because these
lots in this particular area that were undeveloped, which is from
here over, are shown as 100 by 200 lots. There are on here 21
lots. Most of them are of a much smaller size. I don't know if,
in 1971, we had a phasing provision in our Ordinance. I don't
think we did.
MR. TURNER-No.
MR. O'CONNOR-I don't think that actually came into effect until
1988 or maybe 1992. Also as background, we did a revision of
zoning throughout the Town in 1990 and 1982. In 1982, this
property did not change in the character that it had before. It
was then zoned SR-20, Suburban Residential 20.000 square foot, 100
foot minimum lots. We've got the 1982 map here, as well as the
1986 map, and I'll show these to the Board. I'd like to have these
back. I don't have many of these. This is the 1967 map. This is
the '82. I won't unfold the '82 map. I'll just show you, I did
photocopy of a portion of it for some other application that I had
once, and the property that shows Birch Lane right in here, it's
right where the SR-20 is. So, up until 1982, at least, everybody
thought you were going to have 20,000 square foot lots, in the
remainder of this subdivision, if and when the water became
available. The problem that we have here tonight did not arise
until October of 1988. In October of 1988, this area was zoned SR-
lA, which was a requirement of one acre lots, minimum frontage of
150 feet. Clustering is permitted in an SR-1A zone. So we still
may very well comply, if you really get to dotting I's and crossing
T's, but I'm basically, and will show you shortly, that really what
we're talking about here is eight or nine additional lots. I can
show, and we've got configurations that show that you could build
12 one acre lots with this parcel that stands to the east of the
development. but west of Birch Road. I'll show the Board. and then
put on the board, a general tax map of the area. Unfortunately,
what has happened is that the development that has occurred really
does not lend itself to trying to develop an envelope of one acre
lots where this particular parcel is. I've outlined the parcel in
yellow. If you look along the west boundary, there are seven lots
there that are 100 feet, or seven lots that are smaller than the
lots that we actually propose. and this one on the corner is also
100 foot in individual ownership. This one here is 100 foot in
individual ownership, and if you take. along Birch Road, and this
is a mobile home park overlay area. There are three lots
individually shown here, and then if you go up and look up here,
there are five more lots, as an insert, which we've put in in one
of the exhibits that we attached to the map. We put the insert
back down there so you could see it easier. There are actually, I
think, eight 100 foot lots. We don't propose any 100 foot lots in
our particular proposals that we've made. I'll put this on the
board. I've got a blow up, and I guess this was also distributed,
actually to the Board members, so I'll put it up here. This is
different than the general map, the small blow up which was
attached to your map, because it had the insert actually put next
to the property, and also the Town Board recently approved a
subdivision up here of 10,000 square foot lots. as a re-zoning, I
believe, of Mr. Diehl.
MR. TURNER-Mr. Diehl, yes.
MR. O'CONNOR-Okay. So we now are surrounded by less than one acre
lots, and that's the whole purpose of being here. We don't think,
in all honesty, that you can create an envelope in the middle of a
block, without access to it, independent of that block, and think
that, reasonably, you're going to be able to develop it different
than what it's surrounded by. I happened to take a ride up and
down Birch Road, and I hope that the Board members did it as a part
of their review of the application, and I'm sure the neighbors are
aware of it, and I don't say this in a derogatory manner, but it
does effect the application. My recollection is, you've got a
small house here on the corner. You've got a mobile home on this
20
lot. You've got a house that I would guess, from myoId days of
maybe 24 by 24, maximum. It might be a few feet one way or the
other on the next lot, 24 by 24 on the next lot. You've got a
mobile home. You've got a modular, not a very big modular on the
next one. You've got a mobile home, a modular house, which is a
little bit larger. You've got four other mobile homes, and on one
of these lots, I got very confused. and I think if you look at the
insert that was put on there, there appears to be two lots that are
back to back. There's one lot that has no frontage at all, and it
looked like there might even be double mobile homes, one on the
back lot, and one on the front lot. I marked that down on this
{~g061ewhrelaedifi~ Vfuy hwiA\liin~h,te~ob%.ß1y ,j ~Jt m~~'t' ~i ¥â‚¬i~~ e1.~hèpvã
mobile home or a modular home. Those people are, I'm sure, very
pleased and very happy with their homes, and I'm not here to speak
against the homes, but I think it effects us as to how Mr. Potvin,
or the two Mr. Potvins and their brother-in-law might actually be
able to develop this particular parcel. When we started this
project, we went to the Planning Board for an informal
presentation. It's just my manner of doing it. thinking that we're
better off seeing what type of support we'd get or not. They, in
their comments, indicated, not by formal vote, but by consensus,
that they thought that what we were proposing was in character. I
showed them three different, perhaps, schemes, or designs. The
first two show that you could have 12 one acre lots in there. The
first one calls for two lollipop cul-de-sacs. They did not like
that at all. There are two cul-de-sacs with two lollipop lots.
These would meet the requirements for road frontage, but they'd be
long, extended driveways. Along the back of Marigold Road, and
I'll show these to the audience, because I think many of the
neighbors are here, there would be three lots to those lots that
actually front on Marigold Drive. The Board did not like that. We
showed another one, just to show that we could do this, before we
made the presentation for our suggestion, would they support us for
a variance, for 12 lots, with a cul-de-sac all the way around.
That's 1400 feet, and Mr. Vasiliou is a local builder. He has
supplied me with some figures and some costs, and we're not
applying on the basis of hardship. This is not a Use Variance.
This is an Area Variance. My position is simply that the
dimensional requirements of the Ordinance aren't justified here,
and that they should, as a matter of justice, be amended to
alleviate how they are not practical, and how they impose
unnecessary difficulties upon the developer. If you take a look at
that 12 lot, with a cul-de-sac, and you use conservative type
construction costs, you're talking about a lot expense of $23,374
per lot. We are thinking in the neighborhood, and any neighbors
that are here might correct this, that the selling price for houses
up in that area, and maybe the selling prices are going to be a
little bit different on this parcel then they are out here, because
we are, in fact. the buffer between the existing mobile homes. as
opposed to being in the middle of the development, some place
around $120,000 to $130,000. If you do the cost of the lot at
$23,000, you're beyond what is. apparently, the general rule of
thumb of 15 to 18 percent lot cost to total market cost of your
property. You're building a development that you're just not going
to be able to feasibly do, or economically be able to do. I'm not
talking about more profit. There just is no profit in that type of
circumstance. You should be able to have a cost of your lot of
around $16,000, and you would inflate that, because you're going to
have to time value some of your money. You aren't going to sell
all 20 lots. You're going to pay insurance. You're going to pay
interest on your development costs. You should be able to put into
your package, when you build the $120,000, $130,000 house, $22,000,
and I can have Mike Vasiliou. Mike, would you introduce yourself
for the record.
MIKE VASILIOU
MR. VASILIOU-I' m Mike Vasiliou. I build homes.
development in Queensbury, and in other places.
I've done some
21
MR. O'CONNOR-Okay. Michael, is anything that I've said and related
that you've said to me different than what you've told me?
MR. VASILIOU-No. I guess I'm in agreement with everything. I
think that the lot cost on a one acre, if you went to the one acre
scenario, would be too great to support the value of the houses
that you might build in that neighborhood.
MR. 0' CONNOR-What we did, when we got to this point with the
Planning Board, we then said to the Planning Board, what we'd like
to do is try and do something that is reasonable, and we laid this
on the table before the Planning Board, and said, this is 21 lots.
It uses the existing road cuts that are there, the existing
property lines. We can't change this property line. We can't
change that property line. That would be practical. That would be
doable. The Planning Board actually said, at that point, and I
don't mean to say this in the sense that they bound themselves to
it, but the consensus of the informal discussion, it doesn't look
unreasonable, but one of them, I forget who, said we wouldn 't
really like to see anything less than 23,000 square feet. We had
some lots on there of 20,000 square feet. So where they came up
with 23,000, I don't know, but that was the suggestion. The other
suggestion was. how about secondary access, can you provide
secondary access to that parcel? I just note, if you look at the
original subdivision map here, and I go back to my piece, wherever
it is, over here, there was secondary access provided that was
going to go to Sherman Avenue, and it was going to go through the
north end of the project. When the Diehl subdivision was approved,
they did not require him to do that, and this was the Town Board
and Planning Board together. I believe Mr. Steves was present, and
actually asked for secondary access, and for some reason they
didn't. So, we went back to the drawing board, and that's where we
came up with the three scenarios that we came up with. One other
background information I would also put up is I understand that Mr.
Miner, at one time or another, who owns the property, we have full
development on this side of the parcel. We have full development,
or dedication for development, on that side of the parcel. We
obviously have full development on this side of the parcel. A Mr.
Miner owns from here down to Luzerne Road. We understand that at
one time or another he proposed a subdivision of that corner piece,
which was originally the Herald piece, something of this nature
which would be access from Sherman Avenue Road, with a right hand
turn, with a dead end before it got to Birch Road. because
everybody seems to be recognizing that you're not going to be able
to have a good marketable subdivision if you have access out onto
Birch Road, because of the existing traffic. This was turned down
because, as I understand it, they didn't want the dead end there.
Mr. Miner did build a house, or someone built a house right here.
If you go and you look at that house, you will see that it faces
east. It looks like it's ready for a road to come right along the
front of it. So what we tried to do was, as one of the scenarios,
and the first scenario that I think that we have, and it's called
Scenario A, we propose simply to pick Laurel Lane, bring it through
this parcel. and dead end it at the Miner property, and that would
allow for future expansion through the Miner property and future
hookup. That would have some, maybe, appeal to the neighbors,
okay. It would mean that, eventually, these people would not be
coming back through Laurel Lane for access. Eventually, they would
have secondary access for emergency vehicles, if there was ever
some problem at Laurel Lane, and this is something that the Town,
in the later Ordinances, have gotten into, as to secondary access.
There are a lot of pluses to it. I don't know if that's the
scenario that the Planning Board will actually approve or not
approve. That is A. When we did A, and I'll put it up on the
Board, I'll just note that on the four lots that back on to
existing properties that are on Marigold Drive, the existing
properties on Marigold Drive are 23,256, or 255 square feet, 20,000
square feet. 20.000 square feet, 20,000, 20,000, 20,000, 23.346.
The first lot that we have, which we numbered lot number 20, and
I'm just going in reverse order, I guess, is actually an acre.
22
There is no variance that would be required for that lot. The next
lot is 25,900 square feet, almost 26,000. That's larger than any
lot to which it backs. The next lot is 31,200, almost three
quarters of an acre, as opposed to the less than a half acre lots
it actually backs on. The next lot is 32,000, again, three
quarters of an acre, as opposed to the 20,000 and 23,000 square
foot lot that it backs onto, and I think this is where Staff says
we will not have a detrimental impact upon the neighborhood. We're
not introducing something new. We actually are having lots bigger
than what's there now. to our immediate neighbors, along the lots
that back onto the property that are on Birch Road. which is the
mobile home oVderlay. I've alsoh l.aid0Qut.. at least tthe.lwidthhof
tnose lots, an the maX1mum W1dt 1S -2 ,ø teet, aLmos aL o~ -t em
are 100. There's nine 100 foot lots that we actually back on
there. The minimum width along the back of there is probably 115
feet, 120. Even to that neighborhood. we're not introducing
something new. Now, the second scenario that we present is a
combination, if you will, of both, and I'm not going to go through
this business. again, about this is 20,000. This is 21,000, and
whatnot. We aren't changing our lot sizes greatly. We changed
some of the lot sizes. Now, those four lots are all identical to
what I said before. One's an acre. One's a little less than three
quarters of an acre, and the other two are in excess of three
quarters of an acre. but here what we've done is, again, pick up
the existing road cut and provided for a potential hookup to the
Miner property, if Mr. Miner so desires. I've only had one
conversation with him and simply told him I was going to make a
presentation to the Boards and I sent him some maps. I have not
had any response. He wanted to talk to his attorney about it and
whatnot. It's an option. We're certainly willing to make that a
possibili ty. The third scenario is back to the original 1971
design, except we take less lots, and that's simply a moon-shaped
cul-de-sac, or not cul-de-sac, moon-shaped road, I guess. These
lots in here do get somewhat smaller, in order to maintain the same
numbering. The first one, instead of an acre, is 33,000. The
second one is 23,000, and here we kept to what the Planning Board
suggested that we not have any lots less than 23.000 square feet.
We presented it in the sense of three different proposals, because
I don't think it's this Board's jurisdiction and it hasn't been
your practice in the past to say, you're going to approve this
subdivision. We would ask for a generic type approval that we not,
that we have at least X lots, that no lot have a width less than Y,
that no lot have an area less than Z, and something that could be
defined, could be worked out, even if you wanted to, be subject to
your review after we went through the Planning Board, to make sure
that we kept within the intent of your resolution, if you're in
agreement with what we've proposed. With every development, you
run into rumors, and I've spoken to a couple of people in the
neighborhood, and people said that they should get out, somebody
else was telling them that they should get out and oppose this
because we're going to propose a lot smaller houses in here, a lot
smaller lots in here than what is in the other part of the existing
subdivision. There are restrictive covenants on the first section,
okay. Those are in Book 592 of Deeds at Page 270. I'm willing to
stipulate on the record that the restrictive covenants that would
be imposed upon the new section would not be any less than those
restrictive covenants. There's no intention here to try and change
the character or the flavor of the existing neighborhood. There's
only an intention here to try and make something that's reasonable,
that makes it possible to develop that property. Potentially, we
may end up with some benefit, under either of those two scenarios,
if the people want that type entrance directly from Sherman, and
they want a secondary access. We may have, if Mr. Miner develops
his property, some benefit there. We certainly can have some
benefit to the people that are along the west side of the property
by extending their property lines, if they want some nature land
themselves or if the Town wants it. I tried to get the Town to
take the property for Herald Square II. and we have a Town
Councilman sitting here, and the Town Board didn't want to do it,
but maybe if you take, instead of 2500 foot length of Clendon
23
Brook, you now add this length to it and you add the earlier length
to it, you get something that's meaningful. Maybe not. That's up
to the Town Board to decide, and that's another proposal that would
have to be made. So, basically, I think that's what we've got. If
you have any questions, I didn't mention for the record, I don't
know whether it's of real significance, my understanding is that my
clients, and one of them was going to try to be here, but I don't
see them here, became involved in the property in 1979, eight years
after the original approval, and after all the original
correspondence. They became individually owners of the property in
a deed dated in, 1979 they became owners of Homestead Village
Corporation. They dissolved the Corporation in '89/'90, and became
individual owners of the lot. Their involvement with the
subdivision has been since 1979, but long after the original
approval and the original set up of roads and whatnot. Do you have
any questions of myself, at this point, or of Mr. Vasiliou, or Leon
Steves?
MR. TURNER-Does anyone have any? Leon, on the radiuses, any
thoughts given to maybe increasing the frontage on the radiuses?
Was there any scenarios done in that respect?
MR. STEVES-Yes, and I've looked at it, and it's almost impossible
to increase it due to the size of the area that we have to work
with. The only way we could do that is by pushing it further to
the east, which would reduce the depth of the lots on the east side
of that road. The center line radius is a requirement of the Town
Code.
MR. TURNER-Yes. I know.
MR. STEVES-So that would mean pushing the lot, really, 100 feet
easterly of the road, 100 feet easterly of where it's presently
planned. If you did that, you'd only have a lot back there of 100
foot in depth, which then would give you severe problems of both
rear and front setbacks, and then of course you have to have a lot,
what, 200, 300 feet wide to get any kind of size.
MR. O'CONNOR-The radius of the roads are in compliance with what
was the design standards in 1971. We have obtained waivers from
the Planning Board, and even in that neighborhood, for those type
radiuses. because they're not main thoroughfares, and we can bring
an engineer who says that they are not a safety hazards. Actually,
if you look at that question, Mr. Vasiliou says perhaps it would be
better it we made it tighter, and made it a shorter radius to give
a better buffer behind these lots from the mobile home existence
over here, which maybe from a marketability point of view is a
fact, and he is actually involved with that issue, and well aware
of it, but I didn't think that would be well with these people who
did buy 100 foot lots, 100 by 200 foot lots. So we did not move it
wi th that purpose. So we did not move it with that purpose. We
left it where it would fall, as it naturally fall, with the prior
existing roadway. That's something. I think, that the Planning
Board will actually have to go through as part of their review
process.
MR. TURNER-Yes. Okay. Are you done with your presentation?
MR. O'CONNOR-I'm done.
MR. TURNER-Okay. Is there any questions from anybody yet? All
right. I will now open the public hearing.
PUBLIC HEARING OPENED
MAUREEN LEACH
MRS. LEACH-Maureen Leach. What happened, about five years ago,
there was a gas leak on Birch Road. and the whole neighborhood had
to evacuate, and if they did make an entrance onto Sherman Road, we
24
wouldn't mind, and we wouldn't mind, like, a couple. ten houses
back there, but if he was going to build 24 houses, it would be too
much to entrance all out of Laurel Lane. Because, and this was
another thing that happened, it was either last year or the year
before, we had two really bad accidents at the end of Luzerne and
Laurel Lane. Now, they didn't impair us from getting in and out of
the development. but they were close enough that they could have,
if it had been another scenario, but the main thing was, if they
reduce the lot size, they're going to be able to build more houses,
and as I said, we had that one time where we had to evacuate, and
everybody in the neighborhood has at least two cars. There are
pepple hwi th hthree c.ars J.. and ther.e' s no wavdthafl we 'v if anythina
llKè t at appenea a~aln, Ena~ we COUî a e acua~e Ena~
neighborhood.
JOHN SPERRY
MR. SPERRY-My name is John Sperry, and I live on Marigold Drive, a
neighbor in the area. A couple of points. It sounds to me like
Mr. 0' Connor would like to turn back the clock to 1970, and
reinstate the Zoning Ordinance that was in effect in the 1970's,
and I believe the purpose of re-zoning the Town in the 1980's was
to reduce the densities and to increase the amount of greenspace
available to retain the rural nature of the Town of Queensbury.
It's now 1993, and I don't think we want to return to the 1970's.
and I believe we should retain the one acre requirement in that
area. I believe the Master Plan intended to reduce the densities
and increase the green space.
MR. TURNER-Okay.
CONNIE LITTLE
MRS. LITTLE-My name is Connie Little, and I live on Laurel Lane,
and when we're talking about, they described all the houses on
Birch Road, but there is no access to Birch Road whatsoever.
Everything he described in the neighborhood was not anything that
is even in conjunction with that. Is there going to be another
outlet somewhere that maybe it could go to Birch Road, so that
traffic would flow that way a little bit? I don't know.
MR. TURNER-No. It's not proposed.
MRS. LITTLE-I mean, I don't understand why they didn't do the rest
of the development, how that would look.
MR. TURNER-There's the proposal.
MRS. LITTLE-And they propose to go down through Miner's, you know.
If that's the proposal, I don't understand that either.
MR. TURNER-Okay. Where do you live, now?
MRS. LITTLE-I'm on Laurel Lane.
MR. TURNER-Okay.
number is?
What's your lot?
Do you know what your lot
MRS. LITTLE-Twenty-four, maybe. twenty-five.
MR. TURNER-Okay.
MIKE MALLUCHI
MR. MALLUCHI-My name is Mike Malluchi. I live at 33 Laurel Lane.
As I'm understand, right now, if I hear you correct. Mike, you can
put 12 lots there without any approval, is that correct?
MR. O'CONNOR-Without a variance.
25
MR. MALLUCHI-Without a variance.
MR. TURNER-Yes.
MR. MALLUCHI-Well, I've heard a couple of different numbers, 18,
20, 21. How many lots are you proposing, or does it depend on
which one gets approved?
MR. O'CONNOR-Twenty or twenty-one, would be the total, depending
upon which the Planning Board wanted to accept.
MR. MALLUCHI-Well, in the notes that we had tonight wi th the
agenda, the agenda stated 18. I'm a little confused.
MRS. PALING-Twenty.
MR. THOMAS-Twenty.
MR. MALLUCHI-So what was the 18?
MRS. RUTHSCHILD-The 18 refers to how many lots would require a
variance.
MR. O'CONNOR-Of the 21 or 20, some of the lots are one acre. So,
I think the notice was only of the lots within that number that
actually would require variances.
MR. MALLUCHI-The main thing is. because of the development, in the
last six, seven years, more people have builtin that specific
area. There's a lot of children that are walking up and down
Laurel Lane, which at this present time, if you have, lets say 18
or 20 more homes, it would be an additional 40 cars, a minimum of
24 maybe cars going up and down Laurel Lane. I think that's one of
the main things, is the access and the availability of only one
road. They should be taking care of almost 70 homes. It's on a
straight thoroughfare. There's a couple of cul-de-sacs. The big
concern of mine, and my concern, is it possible to go through
Miner's property. It would make a lot more sense, if you made
conditional access, and it would be able to support those people
that are in this development, no matter if it's 18, 20, or 21. My
main concern is the access of the roads for these people going in
and out, and for emergency vehicles. but if you put it the other
way, you're going to have people coming up Laurel Lane, going down
Marigold, back around the look and coming out the other way. I
mean, it's going to cause a bottleneck, and if there is a problem
over there, you're going to cause a lot more confusion. Yes, I
understand when I built there, this was part of the plot, but it
was not, the homes weren't there. The kids weren't there. You
couldn't see it. Now I can see it. and it could cause ma j or
confusion. If something was able to be done with Drew Miner's
property, I don't think there'd be any problem. If you go back to
that covenants, on our property, if I'm not mistaken, the minimum
square foot of a lot for the homes at that time were only 1.000
square feet. Am I correct, Mike?
MR. O'CONNOR-I believe they're 1250.
MR. MALLUCHI-If anything, I would like to see them increased.
That's the only other thing restrictive that I would like to see.
MR. O'CONNOR-My copy has 1250.
MR. MALLUCHI-Well. even 1250, I would rather see that increased.
MR. O'CONNOR-Our indication to you would be that, that would be the
minimum, and Michael, in the price range that we're talking about,
house, exc I usi ve of garage or porch, what's a ballpark square
footage? I've asked Mr. Vasiliou a question. It was not on the
tape, and I apologize to Staff for asking the audience a question,
but for the record, we're talking 15 to 1800 square foot for a
26
house. Again, we don't intend to change the flavor. We hope that
we can do what we propose, by going through Miner. That's
something, I've been in the subdivision business for some time. It
used to be a requirement that you always show additional or
possible access to adjoining property owners. At one time the
fellow did have an interest to do it. He built a house that looks
like he has an interest to do it. and I wouldn't know Mr. Miner if
he were here. Is he here? Okay. 1 don't have anymore control
than that. and basically, again, what we're talking about is either
eight, and we're not talking 40 additional cars. We're talking
about cars maybe from eight or nine homes, in addition to what we'd
be entitled to as of right, without the variance.
MR. MALLUCHI-No. I'm not saying, but at
at it as a resident of that development.
I mean, no matter how you look at it,
resident, I want to voice my concern of
the same time, I'm looking
To me, it's 40 more cars.
it's 40 more cars. As a
40 cars, not 24.
MR. TURNER-All right. Your point's well taken.
DENNIS JACKSON
MR. JACKSON-My name is Dennis Jackson, and I live at 43 Marigold
Drive, property directly adjacent to the proposed subdivision, and
I'd like to bring up a couple of points, that are facts. All the
homes that are adjacent on that stretch are at least 1500 square
feet. Some of them are upwards of 2,000 square feet, that are
directly adjacent, and I haven't seen anything, myself, that is
going to say. okay. the minimum is 1200 feet, that's not, if you
take a ride up that street. Marigold Drive, that would not be
conforming to a similar type home in tha~ area, if it was 11, 12,
1300 feet. What type of homes are we proposing here? I've just
seen the development built over on Corinth Road, that had to be
dropped and all these modular, how do I know what these homes are
going to be constructed like? I haven't seen anything as far as
that goes. As far as the traffic goes, I can tell you this. the
access road from Luzerne Road to Clendon Ridge is in a pretty
precarious layout. There are hills on both sides as you're trying
to pullout of that road. There's a knoll that cars come down
Luzerne Road. not uncommon 55, 60 miles an hour, and all I can tell
you is that the traffic that goes in and out of that development,
daily, is, a lot of it is in the morning when there's, that's a
school bus stop, right there at that corner, and a lot of the
people exit that development at similar times in the morning, and
I can perceive problems in that area of trying to get more cars in
and out of there, in the evenings and in the mornings. The way the
development is even laid out right now, I can tell you this, that
when people are driving around in the development. the way that
those radiuses are shaped in there. it's dangerous. I mean. cars
try to cut corners in there. I know that there's been several near
mishaps in there, and there are a lot of children in the
development, children riding bikes, walking. I foresee a real
problem almost doubling the size of the development and the amount
of traffic coming in and out of there.
MR. TURNER-Thank you.
CATHY DUSEK
MRS. DUSEK-Hi. I'm Cathy Dusek. I live on 42 Marigold Drive. My
main concern is the one access. You're speaking of maybe 60 homes
using that one entrance. I think we should be guaranteed a second
access, not speculating in the future what mayor may not happen.
With that many homes, a scenario of an accident happening, someone
needing an ambulance, increases. Luckily, that has not happened in
my neighborhood, but it is a possibility, with that many more
homes, and with that one entrance, we all have little children, and
we don't worry about them very much in our neighborhood. but with
construction trucks coming in and out that one entrance, we would
be very nervous. The way they come around, there's a curve, the
27
kids, we're very careful on that street. We realize the way it
curves, and you may come upon a child on a bike qUickly.
Construction works, would they be that careful? I'm really worried
about the kids.
MRS. EGGLESTON-There are no sidewalks, are there, in that
development?
MRS. DUSEK-No.
M~S. EGGLESTON-They're narrow streets.
MRê. DUSEK-So, I think a second access is necessary, should there
be something that mayor may not happen in the future.
MR. TURNER-Okay. Thank you. Anyone else wish to be heard?
JIM ALLEN
MR. ALLEN-My name is Jim Allen. I live at 41 Marigold. I heard a
lot of things mentioned about the homes on Birch, but nothing
mentioned about what the homes look like in our neighborhood. I
have a 2800 square foot home up there on Marigold, and the people
wi th 1500 square foot homes next to mine, the value of my home
drops drastically. I paid a lot of money for it, and I didn't pay
a lot of money for it to drop in value. I would like the homes to
be comparable to the homes that are up there. so we don't lose
value on our homes that are there. We paid a lot of money for
those houses up there. You put some nice houses in that area. and
we're going to maintain the value of our homes. If you put a 1200,
1500 square foot home up there, the value of our houses is going to
drop drastically. We'll never be able to sell them, never be able
to sell them.
MRS. EGGLESTON-Would you say the majority in the area are 2800, or
is yours an exception?
MR. ALLEN-No. Mine is probably, I can't speak for everybody else.
John's is 2700. He's two doors down from me, and to put a 1200,
1250 home in there is ridiculous.
MRS. EGGLESTON-But are the majority in there somewhere in the
neighborhood, 1500 to 1800 square foot, 2,000 square foot?
MR. ALLEN-Two thousand. and I just think 1250 is just way too
small. Even 1500 is too small.
MRS. EGGLESTON-Yes, 1250's small.
MR. ALLEN-If you turn around and you put comparable homes in there,
but I just think that, these people that live on Birch Road, he's
talking the trailer, trying to downgrade the area, and the area, I
don't know if you've driven up there and taken a look at our area.
That's a very nice area.
MRS. EGGLESTON-Yes. We've been there.
MR. ALLEN-I have a three year old kid that plays out. and I feel
very comfortable with him out there. I'm not going to be very
comfortable with him now, up in that area. I just think there
needs to be some more thought into this, and considerably another
exit out of that place. If you're talking about all the
developments on Birch Road and you're talking about the trailers
over there, then make the entrance come from Birch Road, if that's
what you want all the houses to look like. If you want it to look
like our development, then put the 12 lots, the 12 homes that
you're originally going to put up there to confer with what we have
up there now. That's all I have to say.
MR. TURNER-Okay.
28
FRED CARVIN
MR. CARVIN-My name, for the record, is Fred Carvin. I just want to
kind of mirror a lot of the comments that have been made by my
neighbors, and I guess I can honestly say I was the original first
resident of Clendon Ridge, and over the years, I have seen our
development grow into something I'm very pleased to live there. I
want to emphasize the one concern that I think I do have, and it's
been brought out here, is that one access road. Over the years,
we've seen that traffic on Laurel Lane go from hardly anything,
obviously, as houses, to something that's really substantial right
now. Although my kids are. grown and listartinq io tmo1,le out on thÎir
own, I do kn6w tnat our ne~qnnornood- as got a 0 o~ young peop e.
I also would like to make reference to a conversation that I had
with Dave Miner on Sunday, which I asked him if I could quote him.
and I certainly don't mean to pin his wings to the wall, but he has
indicated to me a willingness. and I don't want to make a sale,
here, for him. but he said. basically, that he would almost be
willing to give you the land for the access road. So I would
strongly suggest that you follow up on that aspect of coming down
through his land. The other thing that I'd kind of like to, I
think one of the things that has been overlooked here is the sizes
of the houses in our development are fairly large because, and
again, I don't have an accurate number, but I think a lot of people
bought one and two lots. So, it's not a case were a lot of people
just bought a half or three quarter acre lot, but in essence really
are sitting on acre or better plots of land. So, to have a one
acre zoning out there I don't think would be in keeping with our
neighborhood, and I don't have any numbers, but I would guess that
a good percentage of the folks are actually on one acre lots. So,
I would ask the Board, if you do approve the reduction to the, you
know, half or three quarter acre lots, that it really be approved
contingent upon a second road being brought through there. Also,
Mike, are you just going to develop the land like you have the rest
of the development, in other words, just whoever buys the lots can
build types of houses, or is it going to be turned over to a
developer with a specific type of house in mind?
MR. O'CONNOR-I think that's undecided at this point. The Potvins
who own the property have not and are not in the building business.
With the first phase, which they developed, or ended up developing
through the Corporation, they sold lots to individuals.
Individuals chose their own builders, chose their own designs, and
whatnot.
MR. CARVIN-So, at this point, you're not decided whether you're
going to continue like that or turn it over to a developer?
MR. O'CONNOR-I would say this. I have no belief that the potvins
will become builders. Whether or not they sell the whole approved
track to one builder and he does all the building in it, or they
leave it on the open market and sell it to individuals and have
them choose their own builders. I don't know at this point, but
they are not builders. One fellow's a dentist. The other fellow's
a retired banker, and they just aren't, they're not builders. They
never were. They didn't do any of the building in the initial.
The initial subdivision was, the first builder was Jack Heck, over
in the second row. He built four houses there. In fact, he
probably was the first resident in the thing, which I would correct
you on.
MR. CARVIN-He was the first owner. We were the first residents, by
about four or five months, I think, but it doesn't matter.
MR. TURNER-Thanks, Fred. Anyone else wish to be heard? Mr. Baker?
JOE BAKER
MR. BAKER-Joe Baker, Laurel Lane, Lots 9, 10, and 11. I own close
to four acres. Everything here is hypothetical. They might do
29
this. They might do that. They might get another access. They
haven't got anything confirmed yet. I don't think this Board
should vote until they've got a definite plan of action, definite
access, and find out what they're going to do with all the
property. The property to the west of me, the Clendon Brook area,
can't be developed anyway, because it's a watershed area that comes
down through. It's all beaver dams. There's no way they could
build any houses in there. That's all I've got to say.
MR. TURNER-Okay. Anyone else? The last time. Anyone else? Any
further comment?
MR. ALLEN-Jim Allen, again. I'm just curious why this other
builder was here. What was his part of this. the guy that builds
homes? Is he going to buy some of this land or is he going to
develop it himself?
MR. TURNER-Could be.
MR. ALLEN-They want to know what kind of homes they're going to put
in there. If they're all going to make them one way. Why was the
builder here?
MRS. EGGLESTON-I guess Mr. O'Connor would have to answer that. He
brought him.
MR. O'CONNOR-He was here, for the record, to establish the cost
that we were talking about and the reasonableness of what we've
got. I'm an attorney. I have a lot of experience in development
and whatnot, but I don't feel as though I should put testimony on
record as to what the actual cost would be in a development, and
that's the purpose that he was here for.
MR. ALLEN-Was he hired by Potvins or?
MR. O'CONNOR-He hopes he was hired by Potvins.
MR. ALLEN-There's a possibility that he may be developing some of
this property eventually?
MR. O'CONNOR-He is a very active builder in the Town.
MR. ALLEN-I mean, why would a guy come here if he's not making any
money on this business, just for the sake of?
MR. O'CONNOR-He came here as a witness.
MR. ALLEN-Okay.
MR. O'CONNOR-And he'll be compensated as a witness.
MR. TURNER-Okay. Anyone else, the second time around? Any other
thoughts? Anyone? Okay.
MR. O'CONNOR-I've got a couple of comments for the record. if you
will. I appreciate, very much, the neighbors' attitude, the manner
in which they presented their comments, and it does give me some
information to think. I'm not trying to get into a they said, I
said, or whatever. I purposely didn't ask the Chair to ask people
how large each of the their lots were, whether they were talking
about a 20,000 square foot lot that they lived on, or whatever, but
if you take a look at the map. I think some of those questions are
evident. We got off into an aside, here, as to what size house
would be built. That's not part of the proposal before this Board.
and in fact. it won't be part of the proposal before the Planning
Board. We don't have particular requirements within the Town that
tells a person that they must build a certain size house on a
certain property. It says that we must comply with all applicable
setbacks. Now, if these people, and Mrs. Dusek, I think, and Mr.
Jackson, they live in some place here on these 20,000 square foot
30
lots. If they've got the 2,000 square foot lots, or 2.000 square
toot houses, we certainly can build the same house, because we've
got the same. we've actually got larger lots, but the same setbacks
on these other things. I don't mean to set what we're going to
build. I don't know what we're going to build, at this time. I
have a thought of maybe a presentation, and I would bounce this off
the Board, that maybe the Board, if it is uncomfortable with the
fact that tonight you don't know whether or not we have a secondary
access, although I don't think there's any requirement for a
secondary access. We've talked to Staff about that. The
regulations right now say that if you're developing a parcel of
land in excess of 35 lots YOU will have seco~dary accëBs. We do
not have 35 lots on the par~el tnat we re develop1~g. we do have,
actually, two accesses off of the parcel that we're developing in
the U-shaped type thing. or in the T intersection. either of those
two particular things. We may end up phasing this. Let us build
the first 12 lots, but use this size configuration, so that we have
this road expense in proportion to the lots. This expense for
utilities, until there is actually a second access built. and then
we'd go to the second phase. which would be the other eight lots.
Contrary to what might be thought, in this particular setting,
because you have a limitation on the outside perimeters, the bigger
lot demands that you build a smaller house. If you've got to put
more of your cost of your package into the land, you're going to
put less into the wood and other materials that's gOing to go into
the building. So, it's contrary to what you actually talked about
having a desire of, of having larger houses there. The other
question that you had was we've said we don't know what we're going
to do with the land that's to the west of Laurel Lane. We can
stipulate as part of the approval that we will not make any
requests for building on that. Now or in the future, and that
could be a covenant that could be filed in the County Clerk's
Office. It's just a question of whether or not you, as individual
owners, if you adjoin it. want to extend your lot lines to the back
of the property or you want the Town to get it, or you want it to
go into limbo, as an unknown owner because somebody didn't pay
taxes on it after a period of time, but we can stipulate that that
land will not be built on. I really don't have a strong desire, I
had hoped that Mr. Miner would be here. I tried to contact him
today, as well as mailing to him. I didn't really want to chase
him because he said he was gOing to talk to an attorney and the
attorney would get to him. If the Board feels uncomfortable with
that issue being unresolved, I don't have a problem with adjourning
until we come back to you with a report from him as to what his
intentions are at this time. I don't think that should be the
critical answer or the actual thing that makes you say yes or no,
though, because I don't think, and I've never seen in development,
where any developer does anything than lead it to that land, show
a cUl-de-sac, a temporary cul-de-sac, a temporary turn around, and
have room for expansion. If you take a look at what he filed, when
he got his building permit, it looks like, and he even had a map
showing a road extending out there. I don't think he ever
contacted the Potvins, and I don't recall him telling me that, but
that's a good possibility to get into a secondary access. We
didn't go along Birch Road to see if we could buy a piece of
property there, but that doesn't really work as secondary access,
particularly it doesn't work as secondary access to a one acre
subdivision. It could work if we come to the Town Board and say
we'd like to have you extend the mobile home park overlay zone,
because by hardship, we can't develop it for single family
residences, and that would get everybody upset, and I'm not saying
that as a threat, but I mean, this is an envelope that was left
over in 1971. and the only reasonable access is through the
existing subdivision.
MR. TURNER-When was the last house built in there?
MR. MALLUCHI-Within the last year.
MR. O'CONNOR-I think there's still some vacant lots.
I would
31
--..
differ with people's thoughts as to the fact, you're talking total
70 houses. If you take a look at the big map that we have for the
tax map, I think if you actually count the parcels as their shown
on the tax map, which generally reflects ownership, although that
might even be funny, I think on one, I know, one parcel's in a
husbands name and one parcel's in a wife's name. So you'd be
counting it twice if you counted it. If you looked at the tax map
and added our thing, you're talking probably a total of maybe 60,
because some of those people have combined. There's nobody that's
combined that adjoins us. The people that have combined are away
from us. These lots that we're talking about are 100 by 200. If
the Board's uncomfortable, or wants more information as to the
Miner possibility, I don't have a problem with that.
MR. TURNER-I think I'm not satisfied with the presentation. I
think we ought to have more information. If there's a possibility
that you can pick up that added ingress and egress through Mr.
Miner, it might help your case. I don't know.
MRS. EGGLESTON-It would help. too, Mike, I think, if you could say
which plan you're going to go with, so these people are going to
know, tell what kind of a house you're going to build on it. You
can understand, I think, they're apprehension.
MR. O'CONNOR-I'm never going to tell them what type of house I'm
going to build because I don't build houses. I don't mean to be
facetious.
MRS. EGGLESTON-You know mean, though. You've got to relieve their
fears somehow.
MR. O'CONNOR-We will tell them what we will do for restrictive
covenants. Right now, they're restrictive covenants, my reading
says, 1250 square feet. Mr. Carvin told me that it was changed to
1,000 square feet. So on those existing lots that are vacant still
within the subdivision, they have the same unknown possibilities
that they're looking at with us, but I have no problem with
adjourning this. I will contact Mr. Miner, and to your next
meeting. and I'll report back to you as to what we find there. In
fact, I'd like to have you keep the record open. the public hearing
open, so that if Mr. Philo's here. we can tell him what's going on,
so that he can participate and vote and not feel that he can't
participate and vote. That's an unfortunate thing, but.
MRS. EGGLESTON-Well, he can if he reads the minutes. We have, I
think I read that in the book. If he makes himself very aware.
through reading all of the minutes, we just had that come up, and
we got literature on that. If you do your homework, you can.
MR. O'CONNOR-I think you're right.
that.
I don't have a problem with
MR. TURNER-Okay.
MR. O'CONNOR-Just for purposes of the record, I guess, Leon wants
me to remind the Board of the fact that we had shown a secondary
access onto Sherman Avenue. If you look at our original 1971
subdivision map. we showed an extension of Marigold Drive to the
north, through the lands that were recently approved as being a
development for Mr. Diehl.
MR. MALLUCHI-So it wasn't going to Sherman Avenue. It was going to
the other road, which is presently.
MR. STEVES-We can only go to the property line.
MR. MALLUCHI-Right, but what I'm saying is, it wasn't going to
Sherman Avenue. It was going to that road, then you take a left to
go to Sherman Avenue.
32
MR. STEVES-No.
MR. O'CONNOR-No. If you take a look at the tax map, Mr. Malluchi,
you go right through there. What happened to that secondary access
is that the Town Board eliminated it on us. If they had followed
what they had done in the past, and Mr. Tucker's here. I didn't
attend those meetings, but for some reason, they didn't require
that developer to make that extension, and the old way of doing
developments, everybody did their roads so that they would extend
to the property line, so the adjoining property owner, when they
developed, could join on, and I'm just looking quickly. if you take
ë¡l look at. bon the þig taxdmap. th.is ""section that caI\l.e in. ~ think
:L t was Lam ert Dr:L ve. an tllen:L~ uecame part or lJua:L.L K"un. I
think they were two separate subdivisions, but you see how that
theory in practice worked. One fellow ran his property. his road
to the property line, and the next owner then just picked up on it,
but I have no problem, and would ask the Board to table the
application, and I will put it back on the agenda when I can
resolve the issue. If there is a possibility of something
immediately with Mr. Miner for additional access, if I.
MR. MARTIN-Why don't we open that up and say also Mr. Diehl. Have
you ever approached him?
MR. STEVES-Can't. It's an approved subdivision.
MR. MARTIN-Yes, but it can be modified.
MR. STEVES-Yes, but then he's got to go through the Planning Board
again. If you'll remember. the Planning Board, when I brought that
to the Planning Board's attention. that they could make access to
these other roads, the Planning Board wished to ignore us.
MR. MARTIN-Yes, but as you recall. Mr.
controversial subdivision. and we're
ultimately approved as it was.
Steves. that was a very
lucky that design was
MR. STEVES-I can only make a statement on my part.
MR. MARTIN-And I'm making a counterstatement.
MRS. EGGLESTON-I'd like to say to Mike, if you're just going to
come back talking about another access route, these people are not
going to be happy until you say exactly what you're plan is for how
many houses in the development, and what. you can put covenants in
your deeds, what size are the homes, what is going to be the
minimum, you've heard their fears here tonight, that you're going
to let a thousand square foot house or something, which wouldn't be
compatible to theirs. They're not going to be content until you
come up with that type of information. Am I right, people?
MR. MALLUCHI-Absolutely.
MRS. EGGLESTON-So I don't know what good it's going to do you to
just come back on the access road.
MR. O'CONNOR-Well. I'll stand on the record. I don't think they're
enti tled to dictate what size house, if it's not wi thin the
Ordinance. That you can decide.
MRS. EGGLESTON-But you've stressed you don't want to change the
character of their neighborhood. You've stressed that.
MR. TURNER-Well, that would be the issue before us. If they change
the character of the neighborhood, then we can handle that.
MRS. EGGLESTON-Which he's stressed he doesn't want to do.
MR. O'CONNOR-Let me look at that and see. I can't tell you yes or
no. I'm not trying to make an issue out of it. I'm not trying to
33
----~
confront somebody as to it. I think we can take a look at the
assessment rolls. and we ~ can see what the square footage is,
particularly along, I think what we should be compared to, if we're
compared to something, is the lots that we immediately adjoin, and
we can look at the assessment rolls and see what the square footage
is there.
MR. TURNER-Yes, but in the ultimate end. it effects the whole
development.
MR. 0' CONNOR-Well, I think you're going to have to have some
lati tude, or I'm going to ask you for some latitude, maybe for
what's on the west side of the road, as opposed to what's on the
east side of the road, because I've got a condition here that these
people don't have.
MR. TURNER-To some degree.
MRS. EGGLESTON-You mean in Birch?
MR. O'CONNOR-Yes, that's existing.
MRS. EGGLESTON-Yes.
MR. O'CONNOR-There's no way you're going to change that.
MRS. EGGLESTON-Yes. That's true. I agree with that.
MR. O'CONNOR-So I
consideration what's
also got to take into
subdivision.
don't have a problem we'll take into
existing wi thin the subdivision. but we've
consideration what's adjoining us outside the
MR. TURNER-Okay. There's some other comments.
MR. SPERRY-Again. my name is John Sperry. We live over on
Marigold. When I purchased my lot, we own the corner lot, it would
be on the corner where the new road would go through. We purchased
our lot in 1985, we called the Potvins to purchase the lot and
asked them, we were interested in the lot on the corner, and would
you mind coming up and showing us where the lot was. He wouldn't
even come and show us where the lot was, Number One. Number Two,
we unfortunately built a fairly sizeable home. It's 2700 square
feet. We knew that there was covenants in the deeds as to square
footage. We never asked for any plans for the house, never came
around to see what kind of home we were building, was never
involved at all in the actual construction or was interested in
exactly what was built on that lot. So I have some concerns about
the Potvins going forward, as to what kind of homes they're going
to allow to be built in the rest of the development, if, in fact,
it gets approved. I would encourage Mr. 0' Connor to make sure
that, if there's deed covenants built into this, that in fact they
do make sure that they're followed. That's been our experience.
MR. TURNER-Okay. Thank you. I'd like to ask Mr. Baker a question.
You indicated that you own Lot 9, 10. and 11. Are they one lot
now?
MR. BAKER-No.
MR. TURNER-They're all separate?
MR. BAKER-They're all separate.
MR. TURNER-Okay.
MR. BAKER-There's only one house on it. on Lot 9.
MR. TURNER-Right.
34
--
MR. O'CONNOR-They could build a house on 10 and 11.
MRS. EGGLESTON-Yes, good point.
MR. BAKER-Joe Baker, Laurel Lane. All those covenants are
renewable on a yearly basis now by all the majority of the land
owners in that subdivision. They were in effect for the first 10
years, and for every year thereafter they're renewable by the
majority of the land owners. You've done your homework on all the
rest of it, why didn't you do it on that?
MR. O'CONNOR-Those covenants are not on the property.
MR. BAKER-You just said it's based on the whole subdivision, that
this was put in the original concept there, back in the beginning.
You're talking about Laurel Lane, Marigold Drive. Bellows Circle,
and you said this whole thing was part of the master plan in the
beginning.
MR. O'CONNOR-Those covenants are not applicable to this parcel as
of this date. What we said was that we were willing to stipulate
that those covenants would be the minimum that we would put on this
particular parcel, if this parcel is developed.
MR. BAKER-The other thing I wanted to say, if you want to give me
that land down along the brook, we'll take it all.
MR. O'CONNOR-Well. that would be a good way of maintaining it in
it's natural state, and giving it to people who'd care for it. as
opposed to the DEC or the Recreation Commission or somebody who
really doesn't have the time to take care of it. I don't have a
problem, and hopefully that is something we can do, and if there
are neighbors that run along Laurel Lane, that actually would want
to extend their property lines to the end of the boundary line of
the subdivision, you should contact my office.
MR. TURNER-Okay. I'll leave the public hearing open. The
applicant has indicated he will table the application, and provide
us with further information. I will make a motion to accept that
tabling and we'll get on with the business at hand.
MOTION TO TABLE AREA VARIANCE NO. 2-1993 WILLIAM L. POTVIN,
Introduced by Theodore Turner who moved for its adoption, seconded
by Joyce Eggleston:
Applicant has indicated he will table the application and provide
us with further information.
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mrs. Eggleston, Mrs. Paling, Mr. Thomas, Mr. Turner
NOES: NONE
ABSENT: Mr. Philo, Mr. Carvin
MR. TURNER-The public hearing's left open.
MR. O'CONNOR-Mr. Turner, could I just suggest that maybe somebody
designate themselves as spokesperson Staff could contact by phone,
when it gets back on the agenda, so there isn't an issue later on
as to notice of meeting?
MR. TURNER-Yes.
MR. O'CONNOR-There won't be another public notice, and I don't want
to have somebody complaining.
MR. TURNER-Fred will take care of that.
35
--
MR. O'CONNOR-Okay. Thank you.
MR. TURNER-Okay. Thank you.
USE VARIANCE NO. 3-1993 TYPE II NC-10 LEEMILT'S GETTY PETROLEUM
OWNER: SAME AS ABOVE APPLICANT IS PROPOSING TO EXPAND AN EXISTING
NONCONFORMING USE WITHIN AN EXISTING STRUCTURE. APPLICANT IS
SEEKING RELIEF FROM THE PERMITTED USES IN THE
NEIGHBORHOOD/COMMERCIAL ZONE. PROPOSED EXPANSION IS ALSO SUBJECT
TO A VARIANCE GRANTED BY THE ZBA. (WARREN COUNTY PLANNING) TAX
MAP NO. 91-1-1 LOT SIZE: 0.21 ACRES SECTION 179-25D. 179-79D
RON FORTUNE, REPRESENTING APPLICANT, PRESENT
MRS. EGGLESTON-Warren County?
MRS. RUTHSCHILD-Warren County is tonight.
MRS. EGGLESTON-It's on tonight?
MRS. RUTHSCHILD-Yes.
MRS. EGGLESTON-Okay.
STAFF INPUT
Notes from Staff, Use Variance No. 3-1993, Leemilt's Getty
Petroleum, Meeting Date: January 20, 1993 "SUMMARY OF PROJECT:
Applicant is seeking to expand an eXisting nonconforming use
(retail sales carpet store) into a vacant space, (for storage of
carpet inventory), within an existing structure. CONFORMANCE WITH
USE/AREA REGULATIONS: 1. Permitted uses within the
Neighborhood/Commercial Zone are commercial uses as listed in
Section 179-250. Existing use (retail sales carpet store) and
proposed expansion of existing use are nonconforming. Applicant is
seeking relief from listed permitted uses in the
Neighborhood/Commercial Zone. 2. Any nonconforming use may be
increased only by a variance granted by the Zoning Board of Appeals
as per Section 179-790. Applicant is seeking relief from Section
179-790. REVIEW CRITERIA: 1. IS REASONABLE RETURN POSSIBLE IF
THE LAND IS USED AS ZONED? Reasonable return of the land is not
possible as zoned as vacant space in existing structure is
automotive repair bays (a nonconforming use) and limiting in its
possible use. 2. ARE THE CIRCUMSTANCES OF THIS LOT UNIQUE AND NOT
DUE TO THE UNREASONABLENESS OF THE ORDINANCE? This lot is
preexisting and nonconforming and partially nonconforming in its
use. The preexistence of the automotive repair bays in one section
of the preexisting structure limits the options for complying with
permitted use regulations. 3. IS THERE AN ADVERSE EFFECT ON THE
NEIGHBORHOOD CHARACTER? It would appear that the proposed
expansion (storage of inventory for the carpet store) of a
nonconforming use would not have an adverse effect on the
neighborhood as project is consistent with the character of a
Neighborhood/Commercial zone. STAFF COMMENTS AND CONCERNS: There
are four existing uses of this property located within one
preexisting nonconforming structure. Two (2) of the uses are
conforming (gas station and an apartment on the second floor), and
two (2) of the uses are nonconforming (printing shop and retail
sales carpet shop). The proposed expansion of the carpet shop will
be into an existing vacant space which was originally designed to
house an automotive repair facility with attendant repair bays.
Current zoning regulations do not permit automotive repair in the
Neighborhood/Commercial Zone and therefore the use of the vacant
space is restricted. The proposed project will be expanding the
use of the carpet store into the vacant space for storage of the
carpet store's inventory. Staff is concerned about the possible
use of the bay doors for delivery of carpets, posing a traffic
problem for customers of the gas station and for delivery of
gasoline to underground storage tanks. (see site plan for location
of bay doors). The Board also needs to address the question of the
36
proposed project being an expansion of an eXisting nonconforming
use which has not received a variance for operation."
MR. TURNER-Okay.
MR. FORTUNE-My name is Ron Fortune. I'm the authorized
representati ve for Leemil t' s Petroleum, with address at 33 Park
Plaza, Lee, Mass. The history on this, I was here last summer.
the summer of '92, seeking possible expansion of use on the service
bays. There was a lot of neighborhood opposition, because of the
activity that this would cause, noise level, that sort of thing.
and I ~ade severalfstatements concerningbthÏ needhfor usinq this
space, necause ot lnanClal reasons. 1 eI eve ~ a~ eacn one o~
you have a fax that I submitted today. We're hoping that the
numbers will not be released, but I believe that you can see from
our statements. our handouts, that we're not doing that well at
that facility. Another one as far as going on, as far as the
uniqueness of this piece of property, I think it's very clear that
we are paying taxes on a space that we cannot use. We're trying to
maximize our return on it and utilize it. Our feeling is that we
could not work out the details and even get a, basically, something
to work from, as far as the neighborhood's concerns, and in trying
to be a good neighbor, maybe that this proposal will be less of an
impact on the immediate neighbors. There is definitely some. as
your report indicates, there's going to be some traffic, with
deliveries at the facility, that it would be no worse than those
commercial adjoining properties. as the market, where the rear
entrance is right near our property. There are deliveries there,
or exiting of those trucks in that vicinity, generally. So
therefore that kind of thing, that noise level, for that type of
operation, is in fact, in generalized in that particular area. So
I feel for that reason that this property is, in fact, unique. As
far as the character and it bases. in fact. to the fact that there
are, in fact, retail spaces in that area. We abut a retail market,
wi th shops across the street. Across Aviation Road, there's a
commercial property of sorts. I don't know the activity during the
summer. It was, for me, hard to distinguish what. in fact, was
actually there. I know there's a couple of garage doors. It
seemed like there was a landscaped area or storage area of some
type and then maybe some apartments. However, it is somewhat
commercial. The immediate, across the other road. what is some
houses, again, that area is where the impact and the concern is.
Most of the traffic is on Aviation Road and not on the other Dixon
Road. I believe that the parking is adequate for the proposal.
The carpet business, as we had mentioned. exists there. Their only
concern now is to, they've lost their storage space in another
facility and desire to put them together, and this seemed to work
as a rather holding place, a convenient holding place for the
carpet in their sequence of scheduling work. Again, the
warehousing, they can order their stock from a warehouse. Again,
there is some storage in this. it's a 26 by 28, approximately,
area, where there can be quite a bit of carpeting stacked around
the walls. There's no question about it not being storage of some,
but I would not term it a warehousing situation. It does give them
the chance to display, not just in the small 12 by 14 squares of
carpet, but also to display or have close to the customer the total
length of carpet, so they get a better, a visual impact of what
they're sale, in fact, is and how it would basically be presented
in the design pattern for their particular use. Again, I feel that
this square footage works well for this use. We're hoping that
this will increase revenues for our site overall, as far as the
breakdown of square footage for each individual space, I'd be happy
to give you that. I believe that the apartment is somewhere around
1200 square feet. The carpet place will end up being about 1108
square feet. The attendant.s area will be somewhere around 312
square feet, including the restroom. The gas would be the full
serve. We have a dealer in there. Again, it's something that we
find that it's hard to keep someone with just gas sales. It's
something that I've represented previous to this Board, and you can
check, I'm sure, the record, that this is not a favorable situation
37
tor us. I've documented well, mentioned it several times, that we
want the bays open, and also wi th the mode, now, of trying to
extend the life of the car, the service bays the mode of which we
would be rather preferring, preferably, with the convenient store
items then to do something like this. However, we do need help at
the facility, for financial reasons, and this seems to work well
with our present tenants. I would hope that this Board will give
us consideration. As far as the particulars on the unloading, tor
the carpet and its impact to the gas, I believe that it was
mentioned to me the possibility of the drops would be maybe two to
three a week. Again, an 18 wheeler would be backed up Just similar
to where our fuel truck is dropping product into the tanks, that
same unloading zone. They're saying to me that the drop would be
for the carpets, would be somewhere around 20 minutes or so, or
less, depending on what they order, or how busy they were. The
deliveries take place somewhere around 11 o'clock, but then I'm not
there. I don't know it this is causing, or if it has caused any
impact on the neighborhood presently. I'm only representing to you
what I've been told. Our deliveries are somewhat in the same
manner, and drop products. It depends on different situations, how
much product's being dropped, as far as the gas industry, how long
it's going to be, whether or not at some point that they will ever
match, as far as time, the sequencing of both the carpet warehouse
truck and also a tanker for the fills, that there is a likelihood
that, yes, that would happen. I can't represent to you that that
will never happen, however. the likelihood of it is, a lot of
deliveries are at night, or in the later part of the day. but I am
not representing to you any particular time at which the gas tanker
has dropped there. The neighbors could tell me better, when, in
fact, the tanker dropped. Basically, I feel that there's no, that
it's retail space. The adj oining property is retail space, and
they use their entire property for it. The noise that's made by
the compactor into the neighboring property, I don't believe could
be any worse than someone closing the door of a storage facility,
but again, I'm not in that neighborhood. My presence is not there
24 hours a day, and if the neighbors have concerns at this time,
I'd be glad to listen to them. I hope that this will be less of an
impact for them, and don't wish to discourage them.
MR. TURNER-Okay.
Does anybody have any questions?
MR. THOMAS-Yes. Do you know anything about the carpet unloading
out of the tractor trailer? Do they take it out with a forklift?
You don't pick a roll of carpet up. I know you don't do that.
MR. FORTUNE-No. He has a forklift over at the other place which he
is planning on bringing over.
MR. THOMAS-So there's going to be a forklift parked somewhere in
that storage area?
MR. FORTUNE-In that storage area.
MR. THOMAS-Which will be running in and out to unload carpet oft
the tractor trailer.
MR. FORTUNE-Yes.
MR. THOMAS-And loading it back on to something else to take it back
out of there, once they sell it. So that carpet will be moved
twice, in and out, and that's all I've got for right now.
MR. TURNER-Okay.
MR. CARVIN-Where's the carpet being stored right now? Do you know?
MR. FORTUNE-Some of it's in there.
MR. TURNER-Some of it's already there.
couple of months.
It's been there for a
38
MR. CARVIN-It's in the bay already?
MR. FORTUNE-Yes. I have photos that show the.
MR. TURNER-It's been there for a couple of months.
MR. CARVIN-Well, let me ask you, a follow up on Chris's question,
has he been using a forklift over there?
MR. FORTUNE-No.
MR. CARVIN-So how are they getting it in and out?
MR. FORTUNE-They're carrying it in and out.
MR. CARVIN-Just manually?
MR. FORTUNE-Yes.
MR. CARVIN-And how long has that carpet business been there?
MR. FORTUNE-I'm not sure. I know that when I started with it, back
in '86, 1 believe there was a video tape store in there.
MR. TURNER-Yes.
MR. CARVIN-I was going to say, and before that I think there was a
barber shop, wasn't there, Ted?
MR. TURNER-I think you're right. There was a barber shop there.
MRS. EGGLESTON-They're there illegally. They don't have a variance
for operation, according to Staff Notes. That's not a permitted
use in that zone.
MR. FORTUNE-As far as the storage of the?
MR. TURNER-Carpet.
MRS. EGGLESTON-Yes. It's not a listed use in that zone. So, they
would have had to come for a variance in order to be there legally.
According to Queensbury Zoning. So, for myself, I would think that
issue would have to be addressed first.
MR. CARVIN-Yes.
this one.
I think we've got the cart before the horse on
MR. MARTIN-That's why if you notice, the notices wording is not a
preexisting use, but an a nonconforming existing use.
MRS. EGGLESTON-Yes.
MR. TURNER-Did Sousa alter the structure before they sold it to
you, as far as the barber shop and the video store?
MR. FORTUNE-I can get that information, but I'm not sure of the
sequenc ing of the, all I know is that Getty had purchased the
property in ' 86, as I had repre sented previous, and it was my
understanding at that time that the bays had been functioning, and
the only thing I can go by is a photo that I have. When they
purchased it, I believe that a video store was in there at that
time, and the apartment overhead.
MR. TURNER-Was the carpet store there when they bought it?
MR. FORTUNE-The way it looks from the photo, no, it was'not.
MR. TURNER-I didn't think it was.
HRS. EGGLESTON-So shouldn't we start with them applying for a
39
permit, or whatever, a variance?
MR. TURNER-They've got to apply for a variance.
MRS. EGGLESTON-And not act on it because it's.
MR. TURNER-It's the carpet store that's seeking the expansion of
the nonconforming use, and they don't have a variance to even be
there.
MRS. EGGLESTON-So first they have to clear up that issue.
MR. TURNER-Yes. We'll take care of that one first.
MR. CARVIN-Yes. I can't see where we'd grant a storage space for
a carpet store that might not be allowed.
MR. TURNER-That's not supposed to be there. That's right.
MRS. EGGLESTON-I do agree with you, though. It's a lot less
obtrusi ve than the gas station, and the bay garages you've come
before us for and wanted. I mean, the neighbors really objected to
all that. This has got to be a quieter operation.
MR. FORTUNE-Can I amend the application for a variance?
MR. TURNER-Who runs the carpet store?
MR. FORTUNE-Again, a lessee with Getty. I can get their paperwork
and present it to you.
MRS. EGGLESTON-He'd have to apply, wouldn't he, Ted?
MR. TURNER-He's got to apply, even though they're the owner.
MRS. EGGLESTON-Yes.
before the Board.
He's got to pay his variance fee and come
MR. TURNER-Yes.
MR. FORTUNE-Can I act as his agent for, and attach it to this?
MR. TURNER-Well, we want to hear from him, too. We want to hear
what goes on there, how much business is going on there, what he
plans to do in the future, and everything, because we're dealing
with something that doesn't even belong here.
MR. FORTUNE-Can you listen to that right now?
MR. TURNER-No. It's not advertised right.
MRS. EGGLESTON-He's got to go through the proper channels.
MR. TURNER-He's got to go down to the Planning Department and fill
out an application for a variance, that's a use variance, and then
that'll come before the Board.
MR. CARVIN-Ted, they could run the two of them simultaneously, if
they put this off until February.
MR. TURNER-They could.
MR. FORTUNE-Could we table this?
MR. TURNER-We can table this part of it. He'll have to take care
of his end of it. Sure. Okay. We'll table the application.
MOTION TO TABLE USE VARIANCE NO. 3-1993 LEEMILT'S GETTY PETROLEUM,
Introduced by Theodore Turner who moved for its adoption, seconded
by Joyce Eggleston:
40
At the request of the applicant, to provide the Board with more
information as to the relief sought, which is a carpet store in a
Neighborhood/Commercial zone, which is not a listed permitted use.
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mrs. Eggleston, Mrs. Paling, Mr. Thomas, Mr. Carvin,
Mr. Turner
NOES: NONE
ABSENT: Mr. Philo
NOTICE OF APPEAL NO. 1-1993 APPEAL BY BREWERS AND AIKENS. THE
APPEAL CONCERNS PROPERTY OWNED BY NIAGARA MOHAWK POWER CORPORATION.
LOCATION: STRADDLING SHERMAN ISLAND ROAD. SOUTH OF MCDONALD DRIVE
AND MORNINGSIDE CIRCLE. SECTION(S) OF THE ZONING ORDINANCE WHICH
'fHE APPLICANTS ARE SEEKING AN INTERPRETATION: SECTION 175-54.
.. LAND USE INTENSITIES CONSIDERATIONS". ARTICLE IV. .. SCHEDULE 01!'
REGULATìONS". SECTION 179-51 A & B. "PLANNED UNIT DEVELOPMENT".
WHETHER CALCULATIONS OF ONE HUNDRED AND SIXTY THREE (163) UNITS FOR
PROPOSED PUD MAY BE CONSTRUED AS ACCURATE. TAX MAP NO. 148-1-2.1
ZONE: WR-1A AND SR-1A WR-3A
SANDY ALLEN, REPRESENTING THE APPLICANT, PRESENT
MR. THOMAS-Mr. Chairman, I need to bailout on this one.
MR. TURNER-Okay.
MRS. EGGLESTON-This is "Re: Hudson Point Planned Unit Development
Interpretation. The question presented by the requested
interpretation is how do you determine the base densi ty for a
Planned Unit Development under Article 179-54. While the requested
interpretation will have an effect upon the proposed Planned Unit
Development, it would also set a general rule for future Planned
Unit Developments. At first, the background for the subject
development will be presented, and then the Board will be asked to
focus specifically on the language of Section 179-54. The first
sentence of Section 179- 54 states ve ry c learl y, 'The land use
intensities of the particular zones listed in Article IV of this
Chapter shall apply to PUD.' That is not a fuzzy type statement.
That is very clear and concise. Applying common sense to the
interpretation of that sentence should not be difficult or present
any problem. Clearly, all one needs to do is look at Article IV of
the Zoning Ordinance to see what Land Use Intensities are allowed,
and then multiple those by the number of acres for each parcel
wi thin the Planned Unit Development. Common sense and rules of
construction do not allow you to go outside of that formula. There
is an except that, for Section 179-54, under subparagraph A & B.
but nei ther provide for a subtraction from the base land use
intensity. In this case, the property is not within the Adirondack
Park. So no reference will be made to Section 179-54 B. Section
179-54 A, which is the paragraph that appears under the 'Except
that', provides for a bonus to the base land intensity. Same does
not subtract or provide for a means of reducing the basic land
density. Thus back to the issue presented by the interpretation.
It is clear that the first sentence of Section 179-54 is clear and
unequivocable. Reference in the request for the interpretation is
made to Section 179-51 A & B, and it is noted that those paragraphs
provide generic, general type guidelines. Whereas, Section 179-54
is a spec i fic guide 1 ine, and thus is controlling. Even those
general guidelines do not, in fact, supply basis for contradicting
the land use intensity of the particular zones as written in
Article IV. Within Article IV, there is no requirement or
discussion of deducting undevelopable land from the permitted use
intensity for a PUD. Thus, the principle request of those
appealing the decision of the Zoning Administrator has no basis in
the Statute. Further comment is made as to Parcel C being
landlocked. Again, there is no reference in Article IV about
41
-_.....----
whether or not a parcel has road frontage. There is simply an area
requirement and an area comparison. Further, the assertion that
Parcel C is landlocked is totally incorrect, if one reviews the
filed maps. Further, the question was raised as to the status of
the McDonald Subdivision. That Subdivision, in its original
boundaries, has not been included in any manner in the calculations
for intensity for the Planned Unit Development. Simul taneously
with the application for the Planned Unit Development, an
application for amendment of the prior subdivision approval will be
tiled with the Planning Board. Thi s amendment wi II take the
traffic of the McDonald Subdivision off the Sherman Island Road,
Which is what nei~hbors dhavÎl ~equested dfrom thed.verv lfirst
1nstance, anâ 1t 1S ceI1eve Wl ue ãpprove w1tnou~ 1rr1CU ~y ny
the Planning Board, as it will, in fact, provide safe access to the
McDonald Subdivision and lessen the traffic burden upon the burden
of the balance of the users of Sherman Island Road."
MR. TURNER-Okay.
MRS. EGGLESTON-A letter from Sandra L. Allen, of the Miller.
Mannix, and Pratt Law Firm, "Re: Hudson Point Planned Unit
Development As you are aware, our firm represents the Brewers and
Aikens who are neighbors of the Hudson Point Planned Unit
Deve lopment Pro j ect Site. On behal f of our cl ients, we hereby
request that your determination regarding the permitted density for
this project be reviewed by the Zoning Board of Appeals in
accordance with 179-98 of the Queensbury Zoning Ordinance. As you
are aware, 179-54 of the Ordinance discusses the permitted density
for a Planned Unit Development. This Section states that generally
the land use densities of particular zone listed in Article IV of
this Chapter shall apply to a PUD. Article IV of the Ordinance
sets forth the permitted area densities and lot dimensions. While
the purpose of a PUD is to provide flexible land use and design
regulations, the objectives include that the development pattern be
in harmony with the land use intensity, transportation facilities
and community facilities, objectives of the Comprehensive Land Use
Plan Ordinance 179-51 A & B. However, as your calculations for the
basic density for the PUD make no provision for property which is
undevelopable, the permitted use intensity for the PUD is actually
much greater than what would be permitted for conventional single
family use. The applicant indicates that there are 18 acres which
are wetlands. These should be excluded from your initial
calculations as should any area which is sensitive due to
environmental and archeological concerns. If developed
independently, Parcel C would only be allowed one home, as it is
landlocked, rather than the 10 units credited in your calculation.
Hence, your calculation permits more units than would be permitted
it the property were developed conventionally. This cannot be the
intent of the Ordinance. In particular, 179-54 of the Ordinance
provides for a separate density bonus if the open space in the PUD
exceeds 25 percent. Any density increase should thus be limited to
this bonus. In addition, there remains a question as to the status
of the McDonald Subdivision, a portion of which is now to be used
as an access road. If the applicant proposes to include this area
in the PUD, the density must be recalculated, including this
additional acreage."
HR. TURNER-Okay.
first.
We I II here from the attorney for the Brewers
MS. ALLEN-Good evening. My name is Sandy Allen. I'm with the Law
Firm, Miller, Mannix and Pratt, and we represent the Aikens and the
Brewers here who are neighbors of the proposed project. We're here
tonight to ask you to review Jim Martin's calculations with
reference to the densities allowed in this project. First of all,
I wanted to just make one minor technical note. The notice talks
about this property being zoned WR-1A. It is, in fact, zoned WR-3A
in part. I think that I s very important to note. I think it was
summed up fairly well by the Staff, that the issue is, when Jim
went through his calculations for this project, the manner in which
42
he started his density calculations was he took the entire parcel,
all of the property involved, figured out which part of the
property was single family one acre, which part of the property was
waterfront residential three acre, and then figured out the acreage
in each area and merely divided, as his base calculation for
permitted density. He then went through and made a bonus density
calculation of 15 percent, based on the fact that there will be
over 25 percent open space. Basically, we have a concern about the
ini tial calculation. That first calculation was just simple
division. I think, if we step back for a second, our concern is
based on the fact of what the purpose of a PUD, a Planned Uni t
Development, is. I did reference, the pertinent section of the
Ordinance, because it talks about being in conformance with the
Master Plan, and the densities provided therein. In addition, it
does, then, refer to Article IV. Article IV of the Zoning
Ordinance discusses both densities and lot areas and setback areas
and widths. One of the reasons to develop a PUD is to allow the
developer to have a lot more flexibility in the widths and lot
sizes of the project. However, by doing it, and this particular
pro j ect is a great example of it, the deve loper has managed to
develop property that would absolutely not be available for
development, not in that they're able to place bUildings on it, but
that they're allowed to place units for land which is absolutely
not developable. For instance, there is 18 acres of wetlands on
the property, according to the developer, 24 acres of bluffs on the
property. There's an undetermined amount of area that is habitable
by a threatened and endangered species. The applicant says that
they searched for, in particular, the Carner Blue Butterfly, but I
believe there is now a letter in the record stating that DEC in
fact has concerns, and I know there's a letter in the record saying
the Nature Conservancy has concerns with the manner of determining
that habitat, but our basic argument for tonight is that that
habitat should not be considered in the basic development rights of
this property. In addition, there is an archeological site on this
property which, again, even the applicant has admitted they will
not be developing on a certain portion of that property, and we
just do not believe that should be considered in the basic
calculation. I think our argument's strengthened by the fact that,
in Section 179-54A, it discusses a bonus situation, provided to the
developer in a Planned Unit Development that allows for 15 percent
additional development, provided there's more than 25 percent open
space remaining on the project. Our argument is that that density
alone should be the one benefit to being able to have a PUD, a not
additional development on top of what would be allowed in the
conventional subdivision. Our other argument is that, on Lot C,
and Jim feels differently and perhaps he can show me differently,
we were unable to find any access to Lot C except on one road,
which, in a conventional subdivision, would have just enough access
tor one lot. Because of that you do not feel that you should be
able to have 10 units, because it's a long narrow strip. Let me
just show you where it is. This is Lot C right here. There's a
long narrow strip right now. I tried to scale it as best I can.
I believe it's between 150 and 200 feet wide back there, and our
argument is that that is a long narrow strip of property that has
road access right here. As far as I can tell, that's the only road
access it has, and then it would only be permitted to place one
house, perhaps some kind of a foundation for two uni ts, but
certainly not for 10 units. Our final concern is regarding the
McDonald Subdivision, which I believe actually Jim has finally has
indicated what has occurred on that. We were concerned because we
had heard conflicting determinations as to how that lot was going
to be held. The lot is now going to provide main access to the
PUD, and if in fact it was considered part of the PUD, then we
believe that the calculation should reflect that. Am I correct to
understand that what in fact is going to happen is a new
subdivision application?
MR. MARTIN-Right. Exactly.
MS. ALLEN-Okay. So we don't have a concern any longer about the
43
McDonald Subdivision, in reference to density. I know it's real
late, and I know this is math, but if anybody has any questions,
I'd be glad to address them.
MR. TURNER-Lets see if we have any. Anything, Fred? Joyce? Okay.
Hr. O'Connor.
HICHAEL O'CONNOR
MR. O'CONNOR-Mr. Chairman, Ladies and Gentlemen, I'm Michael
O'Connor from the Law Firm of Little and O'Connor, and we, and the
~ã~~~cnÎãf þl}î1e~~~ si~riRH <b~~~hh~1.llfef~n&n t~" ðfi'*.per ¡ßf it~li~
representativé from the Michaels Group, which is the developer, and
Rob Southerland is a member of the Firm of Saratoga Associates,
which is the design engineering and consulting firm part of the
development team. The actual site is owned by Niagara Mohawk Power
Corporation, and I'm a little bit between a rock and a hard place
here, because I want to do what I think is right, but I also, at
the same time, want to preserve our rights. I don't have any
problem with actually answering, in a substantive manner, the
questions that have been raised. I think Mr. Martin made the
correct determination, and I think if you used any of the rules of
construction that are applicable, there really is no question, and
I'm not sure even how some of the question was phrased, if you look
at the Section and you say, what does say to you, but before you
get to that, I've got to raise a procedural issue, and I raise the
procedural issue not necessarily because I'm afraid of the
substantive issue, and I'll give you just a little bit of
background as to the attitude the developer of the property and the
owner of this project has taken up to this point. When this was
first proposed, and even before I became part of the development
team, most of the neighbors along Sherman Island Road raised a lot
of objections to the potential increase in traffic, because at that
time, the primary access to the property was going to be along
Sherman Island Road, down through here. There was a secondary
access that was going to be provided off of Corinth Road, but it
was really secondary access that was going to be provided off of
Corinth Road, but it was really secondary access right through
here, and it was acknowledged as being secondary access. Everybody
had a concern about the additional traffic burden and the effect it
would have upon these neighbors, and particularly whether or not
the level of service of this entrance to and from Corinth Road
would really justify the new developments that we propose in there
of 160 some additional living units. The developer. and I say this
simply so the Board has a little flavor as to how this particular
client has acted. He has spent a great deal of time and made a
great commitment to change that, and went to an adjoining land
owner, people by the name of McDonald who are present here tonight,
and they had a subdivision approved that had preexisting lots that
would exit onto Sherman Island Road and through negotiations with
them, ended up with a transaction where the access for the McDonald
Subdivision, a total, I think, of 31 lots, was eliminated from
Sherman Island Road, and we turned our principle access to come
through t.he ir property, and el iminated acce ss to the site from
Sherman Island Road. So we eliminated the access for the existing
31 lot subdivision that has already been approved. We also knocked
out the ongoing traffic for the trucks of Niagara Mohawk that go
down to the utility services. the bUildings that they have down
there, on a regular basis, and in fact took all that traffic off of
Sherman Island Road. What we've done here is really try to meet
the concerns of the neighbors, as best as we could. I think most
of the neighbors are satisfied with that. I say that simply as
background, and we're prepared to make a full presentation to you
tonight, but I have a problem, because we do have an Ordinance, and
the Ordinance has certain provisions in it, and I know that this
Board has enforced them before. I do not believe that the appeal
by Mr. Brewer is timely. The decision of Mr. Martin was dated and
made December 7th. The Notice of Appeal made by Mr. Brewer or on
behalf of Mr. Brewer was dated January 7th. That's outside, even
44
if on a minor basis, outside of the 30 day limitation as provided
by our particular statute. If the Board takes a look at Article
179-98. it defines appeals by or appeals of actions and
determination of the Zoning Administrator, and it says that they
must be made within 30 days of the decision. I refer the Board to
some precedent, and in my own recollection, I think that was an
issue in the Hogan case on Glen Lake. and there, I have no
objection to this happening here, the Board said that they were
going to go forward with the appeal, make a determination, but it
would not effect the present application. If that's the liking of
the Board, maybe that's something they could do, if somebody still
has this issue, because we're not afraid of the substantive
portions. Beclouding this, and I think why it got on your agenda,
is that the Town Board is in the process of changing the 30 days to
60 days, but in checking with the Town Official, that change was
not in effect as of January 7th, 1993, when the actual appeal was
filed. I'm not sure if it is in effect now. What has happened,
apparently, is that some time in November, the Town Board by
resolution, changed that particular Section to allow 60 days for
appeal, and sent notice of it to the Secretary of State, and
provided that that section would become effective upon the filing
with the Secretary of State and the publication of notice of that
change, the latter of either, and there's no issue as to that.
That's simply dates, count, however you want to do it. I don't
know, even today, if the 60 days is in effect as of today as of
now.
MS. ALLEN-I have a question.
Report is dated December 8th.
that date from.
My Hudson Point Housing Project
I was just wondering where you got
MR. 0' CONNOR-From the letter of Mr. Martin dat,ed December 7th,
1992. That was his determination.
TIMOTHY BREWER
MR. BREWER-It wasn't made public until the 8th, Mike. Isn't that
when you start your date from, when it's available to the public?
MR. O'CONNOR-I would defer to the Board. I'm sure I don't want to
get into discussion without the Board. I would refer the Board to
this Section, it says that the 30 days runs from the date of the
decision or action, and I don't think there's any question the
decision was made December 7th. In fact, it was circulated at that
time, to the Town Board, Planning Board, Allen· Oppenhe im, and
myself, and I think, is that letter a part of your record, Mr.
Turner?
MRS. EGGLESTON-It isn't.
From Jim Martin?
MR. O'CONNOR-Yes.
MRS. EGGLESTON-No.
There is not one in this file.
MR. O'CONNOR-I would provide you with my copy. I may have to get
that back from you. Basically, you have an appeal here of Mr.
Martin's decision. I'm not leaving Mr. Martin hanging, but feel
free to jump in any time you want if I say something on your behalf
that you don't agree with, as to timing, effective statute, or
anything of that nature.
MS. ALLEN-I think there's got to be some consideration made to the
fact that the date that this report came out, it was made aware to
our office, was December 8th, and I know that you're saying as of
the date of the decision, but I have no way of having known, I
wasn't copied on that. There's no way I could have known what this
decision was. The date that the decision was made to the public,
that the whole report was made to the public of which this decision
was included, was December 8th, and that was the date of the report
that we were looking for.
45
MR. O'CONNOR-If you look at your Section, your Section doesn't say
that decisions are made public, if there's any notice, or anything
of that nature. I refer you to Section 179-98, and I will also
make a comment to you for the record, and this is perhaps the
substantive, which I've said I'm not sure if we'll get into. This
question of density was not necessarily Just made that time. It
was made in written form as of that date. and if we're going to go
outside of the record, this pro j ect has been pending, and that
question and determination ot densi ty had been around for some
considerable time prior to that, and the particular applicant, in
this instance, is a member of the Planning Board, and knew what the
proposed density was, knew what Staff reaction to that density was
prior to that timetable.
MS. ALLEN-I don't know if we want to keep going back and forth with
this. If you'd rather just wait and let me make rebuttal.
PAUL DUSEK. TOWN ATTORNEY
MR. DUSEK-I may be able to help the Board a little bit on this,
too, and I think I should advise the Board that this type of issue
has been litigated before, and I can't remember now the name of the
case, but there was a case where a homeowner, an adjoining
homeowner, found out about something that occurred on his property
after the 30 days had expired. He then went, made a demand of the
Zoning Administrator that he revise, change, whatever, his
decision, and it was after the 30 day time period, and later he did
appeal, and the court said that even though the statute says you
can only appeal from 30 days after the decision, that that does not
necessarily apply to somebody who doesn't have knowledge, and if
you think about it, it kind of makes sense. If they don't have
knowledge, the 30 days would run, essentially. the court felt, from
the day they had knowledge, or reasonable time period. In this
particular case, because you have that case on the record, so, in
other words, the case is important to me because it's surprising
because the Statute, although it seems, as Mike is arguing, and I
think legitimately so, very clear as to when it runs, the fact of
the matter is, the courts have, even in the face of very clear
language, have said, well, it means, like for the applicant, for
people who definitely had knowledge as of that day, and in this
particular case, I'm concerned, because it is only one day, and the
fact that we have, even, a document that's apparently dated
December 8th. We do have, like I say, a court decision that I have
read that has granted some leniency. I would urge the Board to use
caution simply denying it strictly on that basis.
MR. O'CONNOR-We have no document, that I'm aware of, dated December
8th.
MR. MARTIN-The report that's date December 8th is the environmental
report that the Staff prepared as it relates to the environmental
assessment, and within that, the density was discussed, but
specifically. the letter of December 7th was focused on the
determination regarding density. The density is dealt with within
the December 8th report, but only as it relates to the
environmental review that was the focus of that entire report.
Read the title of the report.
MS. ALLEN-It's called, Background Report on the Environmental
Assessment for Planning and Zoning.
MR. MARTIN-Exactly.
MS. ALLEN-But let me just finish, then. In all fairness to Mr.
Brewer, he was aware of the density calculations going back and
forth, and several discussions being made back and forth, and at
one point, there were additional properties, including 99 acres,
that were included in the project, included in the density
calculation, and in fact, when this came out, which is what we were
waiting for, I believe you and I discussed, when are we going to
46
decide what's going to happen with this, and this report came out
with this letter, and I think it was my understanding that this is
the, I don't know if the word is epistle, of everything that was
included, and finally decided on to some extent. what was applied
for. So, even though there was some consideration about density
calculations prior to this, it certainly got changed, and there was
a possibility all along that we wouldn't be happy wi th these
density calculations.
MR. O'CONNOR-It never was less than what we have here. I don't
understand how, in prior consideration, it was ever an issue, to be
honest with you. The earlier maps, correct me if I'm wrong, were
dated sometime in July. I believe the 94 acres is an adjoining
piece that is not in the calculations referred to by Mr. Martin.
That's outside of that entirely. If the 94 acres were included in
his calculations in that letter of December 7th, there would be an
additional 33 development units, or development rights. We can go
through that, if we get into the substance, but I still feel that
we have set precedent before, by this Board as to this rule, and I
ask the Board to consider that rule and act accordingly.
MR. CARVIN-Paul, is there any, in this 30 day calculation, because
of the fact that there's Christmas and New Years, that these are
two legal holidays, that doesn't have any bearing on this, on the
calculation of the 30 days?
MR. DUSEK-l haven't seen any cases in that regard, and I wouldn't
normally think so. based upon just an understanding of what a
statute of limitations period usually runs, but here again, I'm
looking at that one case that, not looking at it right now, but
considering that one case which was an Appellate Division case, I
believe, that indicated, you know, it runs from the time the person
gets notice, as opposed to the date of the decision, even if the
Ordinance says otherwise. So, here again, I would urge the Board
to use caution on just using that as your sole point of denying it,
and even if you decide that you want to use that as a mechanism of
denying it, you may want to get into the substantive aspects of the
case, and at least consider that as further support for whatever
decision you decide to make.
MRS. EGGLESTON-Could I ask Jim, were you aware that Ms. Allen was
waiting for this information from you, for you to make this?
MR. MARTIN-I wasn't aware of her involvement. I didn't get a call
from her, since she was involved in the project at all, until after
Christmas or after New Years, somewhere in there.
MS. ALLEN-I know that I called you that I called you asking you
about this decision. I might not have been real explicit about
why, but I know I did.
MR. MARTIN-Yes. The course of events that lead to this is there
was some back and forth as to what the density would be based on,
and my determination was that there is some property, I believe
it's still shown on the map that still up there right now. There's
approximately a five acre parcel shaded down in the lower left hand
corner of the plat there, that's included in the project, and up
until just a couple of days ago, the 94 acres, which is further
down Corinth Road, was included, and there was some consideration
it that would be included in the density calculation, and the
Ordinance states that the land must be contiguous to, and it was my
determination that it was not contiguous, therefore it was not to
be included. They had taken that out of their calculations early
in December, and basically it was parcels, I believe, as labeled
there, C, 0, and E. That was the project, and once that was agreed
upon, I made my determination. That date was December 7th.
MRS. EGGLESTON-Well, my point in asking that was, if you knew, then
she should have been given the courtesy of a copy of this letter,
along with these people.
47
MR. MARTIN-I wasn't clear on her involvement in the project.
MRS. EGGLESTON-Okay. That's my question.
MR. TURNER-Did you not pick up a letter, or were you aware of it
the next day, the 8th of December, I think I heard you say that?
MS. ALLEN-The 8th, I got this report, or maybe the day after.
MR. TURNER-Okay. So that leaves you a full day short of the 30
days. You've got 24 days in December, six days in January, 30
days.
MRS. EGGLESTON-Was that mailed out on the 8th, or did you receive
it? Was it mailed from the Town on the 8th?
MR. BREWER-What day was the 8th on? I can tell you exactly when.
MR. MARTIN-Did you come in and pick up a copy, Tim, that day?
MR. BREWER-I don't know what the day was, the 8th.
have a calendar?
Does anybody
HR. 'fURNER-Yes.
It was a Tuesday.
MR. BREWER-I picked it up Friday morning. That Friday, because you
let me take it for the weekend.
MR. TURNER-You picked it up the 4th?
MR. BREWER-Yes, sir.
MR. DUSEK-If you're counting days, you would start with Number One.
If you I re counting from the 7th or the 8th, wherever you're
counting from.
HR. TURNER-The 8th.
HR. DUSEK-If you're counting from the 8th, the 9th would be the
first day, the 10th would be the second day, etc. So, wherever you
end up with 30.
MR. MARTIN-I think what Mr. O'Connor is doing, see, he's counting,
the determination was made the 7th, and he starts counting the 8th.
HRS. EGGLESTON-He starting the 8th, and she starting the 9th.
MR. DUSEK-Right.
HR. BREWER-The day that I picked it up, if the 8th was a Tuesday,
I picked it up that Friday morning.
HRS. EGGLESTON-After, like the 11th, or whatever.
MR. BREWER-After the 8th, whatever the date was.
MR. MARTIN-Yes. I'm not sure that Tim picked it up the day that it
was actually dated. He may have come in a couple of days later.
MR. TURNER-Yes, but you just said you picked it up and took it home
for the weekend. So, that would be the 4th.
MR. BREWER-Right. No. How could I pick it up the 4th if it wasn't
ready until the 8th?
MR. MARTIN-It wasn't ready.
MR. TURNER-That's what you just said. I asked you that.
MR. BREWER-I couldn't have gotten it the 4th.
48
MR. MARTIN-If he picked it up on a Friday and got it for the
weekend, then it was the weekend after the 8th.
MR. BREWER-It was the 11th or the 12th.
MR. TURNER-All right.
MR. MARTIN-I think, as a matter of fact. the December 7th letter of
determination is an attachment to that report, if I'm not mistaken.
Okay.
MR. TURNER-Okay. What's your thoughts?
MR. CARVIN-I think we're splitting hairs on one day. I really do.
I mean, again, I know that probably no court of law in the land
would ever support the fact that, you know, suppose the 30th day
fell on Christmas or New Years or one of these days that there's
just no place to file. I mean, we happen to have two holidays that
fall between this time frame, and I mean, I'm just saying,
hypothetically, lets just say that it fell on January the 1st. I
mean, lets says that they waited right up until, the 30 days says
that they have a right to file on January the 1st, and if nobody's
there to tile it, where are you? I mean, you really don't have 30
days.
MR. DUSEK-Well, that's answered in the law, though, and that is,
you would file the next day. If the 30th falls on a Sunday or a
holiday, it's the next day.
MRS. EGGLESTON-But I see why the courts ruled that you can't do
anything about something you don't know anything about.
MR. DUSEK-Right.
MRS. EGGLESTON-I mean, that isn't fair to the other people who
weren't aware or privy to Jim's decision. I mean, he didn't
announce it to the world that day. It wasn't a general, common
knowledge. So it seems like when the information does get to the
people involved, they would have a right to appeal, the 30 days
from then.
MR. CARVIN-Who's to say that the photocopy is dated December the
7th? There's no time stamp or anything like that. I'm not casting
any aspersions here.
MR. TURNER-It's marked right there, December the 7th. Do you see
it? It's signed.
MRS. EGGLESTON-This was from the attorneys.
MR. TURNER-Yes. That's the appeal, the 7th. That's their appeal.
MR. O'CONNOR-Is there question of fact that you actually made it on
the 7th?
MR. MARTIN-I wrote the letter on the 7th, and signed it. I'll go
on the record as stating that much.
MRS. EGGLESTON-I believe that. I don't question that.
MR. CARVIN-No. As I say, I'm not questioning it.
MRS. EGGLESTON-I'm questioning, how can these people do something
about something they don't know anything about?
MR. O'CONNOR-The problem that I have is the precedent that you're
setting, okay, and I think you have a little bit of distinction
from the case that Paul has. I think, referred to, that you had a
neighbor that didn't know anything about the project and saw
something being built, and then went and said, why is this being
49
built. You're talking about somebody who is actually a member of
the Planning Board. He was part of, and privy to the discussion of
the densities. This is not an innocent neighbor. We're also
talking not necessarily about somebody who found out on the 30th
day, and didn't file it within 30 days, or found out on the 29th
day, and didn't file wi thin the 30 days. They found out on the
8th. They had a copy of that resolution, or that' determination
dated the 7th. The Ordinance has been in effect, very clearly, for
some time that says you've got to file within 30 days.
MRS. EGGLESTON-Well, he could have done it any time within that
span, instead of waiting until the very last day, what they felt
was the last day, you're saying.
MR. BREWER-What I'm saying, in all fairness, if Mr. Martin mailed
me that December the 7th, I wouldn't have gotten it until the 8th
anyway. I mean, it's within my rights to wait the 30 days, if I so
please.
MRS. EGGLESTON-Yes, but then you'd have his December 7th.
MR. BREWER-If he made the decision on the 7th, and he mailed it to
me from the Town Building, I wouldn't necessarily get it the 8th.
I might get it the 9th.
MR. O'CONNOR-My problem with that is that there's no obligation to
mail it.
MR. MARTIN-No. There isn't.
MR. BREWER-But you stated that it was sent to the Planning Board
and you keep insinuating that I'm on the Planning Board, so I
should know. I've excused myself from this project, Mr. O'Connor,
and if you want to keep making an issue about it, fine, but I don't
think that's relevant.
MRS. EGGLESTON-I've always fel t that we should take the Town
Attorney's advice. I mean, I don't think he normally steers us
wrong, and if the courts uphold the knowledge from the time he's,
you know, using the date.
MR. O'CONNOR-I don't mean to make an overly big deal out of this
thing. I think I have to protect the record. I think that the
record is clear. That's the problem, Statute of Limitations.
MRS. EGGLESTON-Yes. I know what you're saying. Well. how do the
rest of you feel?
MR. TURNER-I've got to tell you that it goes back, again, to what
was just said, this project is nothing new. Everybody's aware of
it. Timmy's aware of it. Mr. Aikens is aware of it, and that
awareness should be undertaken on their part, and I'm sure, maybe
he didn't know, but he should have known, and I feel that, if it's
one day. It's not like the case that he stated, the case law that
he stated, this fellow didn't know anything about it. They knew
everything about it, except maybe this particular change, but they
were aware of it. I think they should have taken it upon
themselves to find out, and I think that we should not hear it.
MRS. EGGLESTON-I guess I could say that,
have 30 days, they did have 20 or more.
waited until what you felt was the last day.
at least 20 days and no action was taken.
even though they didn't
I don't know why you
I mean, you did have
MS. ALLEN-I think I want to go back one step. First of all, you're
right that we did know that calculations were going on. What we
didn't know was what the final determination was going on, and the
determination did swi tch. As for the 30 days, hone stl y, we got
this report. We looked at the report, and it said December 8th,
and we said, the Queensbury Planning Board came up with their
50
report, finally, and that is the date that we placed it on. That's
honest. That's how we did it.
MRS. EGGLESTON-Do you always wait until the last day to file an
appeal?
MS. ALLEN-Typically not, but I think you hit the nail on the head.
It was the holidays. A lot of my practice is real estate, it has
to get done by the end of the year. and we all had a get together.
and it's a bad time of the year. I think you're correct about
that, but I believe that it's fair to state that this determination
became public to us no earlier than the 8th.
CRAIG MACEWAN
MR. MACEWAN-I have one comment I think I could add to kind of help
with this. My name is Craig MacEwan and I'm on the Planning Board,
and I'm here just to observe, with no connection to what's going on
here, and I keep hearing that this report was given to the Planning
Board. This report was given to the Planning Board. No one on it
has a copy. So that may clear up some conception about people
knowing about it. This is the first I'm seeing it here. So we
knew nothing about that report, and what the density calculations
were. We haven't seen them yet.
MR. O'CONNOR-What I referred to as my comment, and I want to be
correct on the record, given to the Planning Board, is that there's
a cc on the letter from Mr. Martin that indicates that a copy of
that went into the Planning Board file.
MR. MARTIN-Is that on the bottom?
MRS. EGGLESTON-Yes, cc to the Planning Board.
MR. TURNER-Town Board, Planning Board.
MR. O'CONNOR-That's what I was referring to.
of the report that Ms. Allen has spoken of.
report that she has, that I'm aware of.
I honestly don't know
I haven't seen her
MRS. EGGLESTON-Yes, it does say, Mr. MacEwan, a copy went to the
Planning Board.
MR. BREWER-Also, if it was mailed the 7th, it could have gotten to
our houses the 9th.
MRS. EGGLESTON-But you still had 20 days to.
MR. BREWER-I had 30 days, legally, by my rights, 30 days from the
day I got it. That was his final decision, and that's what I'm
basing this on.
MR. CARVIN-Well, I think a day is arguable. I mean, 10 days or 15
days is certainly not arguable, and my position is that I don't
have a problem with the one day aspect. I still think that there
were two holidays, two legal holidays in there, and I don't know of
too many people that were working that day, and is it a full 30
days if you lop out two holidays? Now, I know Paul is going to say
that the law says it's 30 days according to the calendar, barring
any.
MR. DUSEK-Well, there's another suggestion I'm going to make. I
really strongly urge the Board to go to the substantive issue, in
any event. You can decide both issues. You'll see it sometimes
happen in court decisions. They'll address one, and then they'll
address the other. They'll say, well, even if it isn't expired,
here's what our decision would be. I think it's important, in this
particular case, because otherwise, if this thing gets further
litigated, it could be back before you anyway. So, I think you're
wise to, whatever you feel you want to do on the one issue, fine,
!:>1
but I would also still address the second issue.
MR. TURNER-Do you feel comfortable with that?
MRS. EGGLESTON-Yes.
MR. TURNER-Okay.
HR. CARVIN-Yes.
MRS. PALING-Yes.
MR. TURNER-Okay. All right. We'll hear it.
MR. MARTIN-Are you going to discuss the substance, then, of it?
Okay. Well, then in that regard, I want to say what my position
was.
HR. TURNER-Okay.
MR. MARTIN-If you look through 179-54, Land Use Intensity
Considerations, and I'll read, "The land use intensities of the
particular zone listed in Article IV of this Chapter shall apply to
a PUD,". My thought was that, up to that point is one thought and
an end of a thought. That, up to that point, up to that comma,
takes care of the approach that you use to make the ini tial
calculation. and Article IV simply states the area requirements, or
the lot size requirements throughout all the districts, and that's
what was applied, and as further evidence of the Town's past
history in doing this, both the West Mountain PUD and the Hiland
Park PUD were calculated in the same manner, and without any
contest of that approach. Now, then, beyond that, after the comma,
"except that, where the open space area in a PUD exceeds 25 percent
ot the gross area of the PUD, the Town Board may approve a
residential use density increase of one percent for each one
percent of open space." That exception is then making reference to
the bonus, and that's how the bonus is laid out, and then "not
including undevelopable land in excess of 25 percent minimum
required by 179-55B of this Article". So, to me, the reference to
the, "not including undevelopable land", which is broken by commas,
applies to only that bonus calculation, and does not apply to the
base calculation, the initial calculation that is in the first
thought, before the first comma leading into the first sentence of
the Section, and that's the approach I took. That's the approach
the developer took, and that's when I made my determination, and
that was my basis for the determination I made.
MR. TURNER-Do you understand what he's saying?
MRS. EGGLESTON-Yes, but it goes on to say, "not including
undevelopable land".
MR. TURNER-That's what he did. He didn't include it.
MRS. EGGLESTON-He did, and they say it shouldn't be included in the
calculations. Isn't that right?
MR. O'CONNOR-Mr. Chairman, maybe, and it's late, and I don't want
to take a lot of the Board's time, if it's unnecessary, but we are
prepared to give you the flavor of density issue as it was referred
to. I think it's a mathematical calculation, the same as Mr.
Martin said. We haven't really talked about the proposal and the
project. and I don't know what detail you want to get into. that
we're talking about 200 some acres. We're talking about 100 acres
of open space. We're talking about preserving all the natural
features, and we talked, if you look at the PUD Regulations,
specifically in the PUD Regulations, it says there shall be no lot
requirements for a PUD, lot size requirements for a PUD. It tries
to give you the most flexibility that you could have, so that you
could do exactly what we're talking about, preserving bluffs,
52
preserving archeological sites, preserving the wetlands, setting up
conservation easements above the bluffs so that there's no erosion
on the bluffs, setting up conservation easements around the
wetlands so there's a buffer around the wetlands. This is done on
the highest level, beyond trying to accommodate the neighbors, and
ease their traffic problems, and Mr. Southerland is fully prepared
and has about a 15 minute presentation. We can give you the
background on the project itself, the soils. There's been more
studies on this site than I've seen on any subdivision I've been
involved in in the Town of Queensbury. Those are issues of merit
that actually go to the Planning Board and to the Town Board, but
I don't want you to feel as though we're not presenting something
to you. We said we're ready to answer the questions substantively.
I think it's a simple construction question. That's an exact type
thing. It says that the density shall be as set forth in Article
IV, and you go to Article IV and you find out what they are, and
then you come back here and it says, except that, and the except
that doesn't subtract from those base densities, it adds to them,
and I did spend some time down stairs, and I looked at Hiland.
Hiland has some wetlands. They are actually State classified
wetlands. There's never a discussion, in the full drawer of Hiland
Park documents here, and all the environmental studies that were
done, and everything else, as to deducting anything from their
densi ty that they set forth, based upon undevelopable land, and
maybe the question of Hiland is not that clear, but West Mountain,
which is a PUD which received its final approval in February of
1990, and certainly everybody can see the slopes that are involved
in West Mountain, and that's what they seem to be saying that we
should be taking out of the base, here, slopes, as well as some
other areas. There was no deduct for slopes. They started with
553 RC-3A acres. They divided that 553 by 3 and came up with 234
development units. They started with 40 acres of SR-30, and that's
a little bit difficult, because you're talking about 30,000 square
feet, but they divided that by whatever the multiple is of how many
square feet there are in 40 acres, and came up with 50 units. They
said that, in Queensbury, they had 284 units. That was on the very
initial submittal that they made. They carried that, that is in
the Town of Queensbury. In the Town of Lake Luzerne, they ended up
with something like 1309 units, which really are not the issue. I
don't know what the Lake Luzerne Ordinance says, but when they got
done with their final approvals, which is in February of 1990,
under our present PUD, they didn't deduct out of that 284, anything
for the slopes that were included, of the lands that are within the
Town of Queensbury. Now, this is a construction. or a suggestion
that has no support in the Ordinance.
ALLEN OPPENHEIM
MR. OPPENHEIM-I am Allen Oppenheim. from the Michaels Group. I'd
just also like to add, as the applicant who's been involved in the
planning process, for almost a year now, that this interpretation
is consistent with everything that we've been told, not only from
Mr. Martin, but Mr. Parisi, Pat Crayford, nobody has identified
this as an issue. So, this is really consistent, the
interpretation that we see before us now is consistent with what
we've been told during our whole planning process.
HS. ALLEN-Two things. First of all, it's my understanding that
never were any of these calculations contested. Nobody went beyond
the Zoning Administrator, and that is exactly what we're doing
tonight, and this is a separate project than the other projects
that were referred to by Mr. O'Connor. In addition, we're not
having any problem with the Zoning Administrator making a decision
different than another Zoning Administrator. What we're having a
problem with, we don't think that the decision is being made
correctly. I just want to show you one thing that, the practical
implications of what we're talking about. This is the most recent
revised site plan, I believe, for the Hudson Point project. As you
can see from this diagram down here, the top part of Parcel E.
which I believe is approximately 66 acres, is single family one
53
acre zoning. The bottom part of Parcel E, which I believe is 90
acres. somewhere close to 90 acres, is Waterfront Residential Three
Acre zoning. What in fact is happening, because of the
interpretation of this Zoning Ordinance, is that in fact the
development is being shifted down to the more fragile area along
the Hudson River, and these parcels down along here, which are out
along the bluff, right along the river, are becoming one acre
parcels. So, by using the PUD, they're not just shifting the
development to less critical environmental areas, in fact what
they're doing is shifting the development down towards the river,
and that's what our concern is based on. That's our practical
concern of the implications of the interpretation tonight.
MR. MARTIN-The only manner I might respond to that is that's not an
issue of this particular interpretation. That's an issue as to
whether you should grant the PUD or not. A PUD can transcend that
zoning, and that's up the Town Board to decide, in my opinion.
MR. TURNER-Yes, you're right.
ROB SOUTHERLAND
MR. SOUTHERLAND-I'd like to make just one response to a previous
comment. My name is Rob Southerland. I'm with the Saratoga
Associates. If you look at the plan carefully, there are extensive
areas where there's no lots that are developed along the river
edge, here, here, along the brook. We worked extensively with the
Planning Department in the bluff area. We have modified this plan
a number of times, working wi th the Planning Board directly, to
establish a conservation easement with no clearing along those
bluffs, as well as a 50 foot setback from the top of the bluff that
would not be disturbed at all, by any development. So it's a no
build zone, 50 feet from the top of the bluff, all the way down to
the river. We have sati sf ied, I think, the concerns that the
Planning Department had, as far as this particular area of
development. I don't feel you really kind of shift the development
to the river. In fact, when you look at the plan, I'd say 90
percent of the units are really located to the interior of the
site. It's very difficult to take advantage of the river, given
the high nature of it, the lowness of the river, so there's not
really views out against the river. Again. there's been extensive
efforts to really preserve the bluffs. There's documentation of
the Planning Board. I just wanted to clarify that.
MR. TURNER-Okay. Lets get back to the issue, now.
MR. O'CONNOR-Just so you also have a flavor of something else. too.
Maybe we ought to actually tell you, although I don't think anybody
has actually made the calculations. but somebody has asked you to
see if a copy of the formula was used for calculation. When we do
the calculation, we then end up with the potential of 170 units.
Our actual development is less than 170 units, and there's other
factors, I'm getting sort of deep, okay, but we're talking about
preexisting lots in the same neighborhood, seven of those lots that
are now counted against ours, were already there and were smaller
fashion, but were part of the McDonald Subdivision, but they were
eliminated because he's allowing us to use part of his subdivision
for an access road. We're not overburdening, this is really very
well done. If you take a look at the studies that have been made,
the responses back and forth before Staff and the applicant at this
point have been very extensive. They've raised every concern that
you run into, but basically you've got to look at the Section, what
does the Section say that you're allowed, this is the calculation
that was made, that was referred to by Jim Martin, which he still
believe is correct, is that, in Parcel C, which is this parcel,
there is nothing in there that says anything about whether or not
it has access or doesn't have access, and I still don't understand
the comment by counsel that it only has access to Sherman Island
Road. It also has access on Corinth Road, and conceivably you
could do something, interior, with it. We're staying away from it.
54
'--
There's a parcel in here that is about 18 acres. We haven't
included that in our density. We haven't included it within the
PUD, because we think the Town fathers want to purchase that for an
expansion of the Water Plant. We put that in, that's SR-l. We
have another 18 acre density, without any give, take, one way or
another, and maybe designate it as potential future utility service
area. We're not trying to be cute, and I purposely tried to just
make my point on the earlier procedural thing and let you make a
decision, because I'm not trying to avoid the substance of question
that is before the Board. If you take Parcel C, we ended up with
10 development units out of that, because we had 10 acres, and
that's one acre zoning. Parcel 0, which is this parcel here, we
have 42 acres, we ended up with 42 development units. Parcel E has
two types of zone in it. It has some one acre and some three acre.
Out of the one acre, we ended up with 66 acres, which gave us 66
units. and the WR-3, it had 90 acres, we ended up with 30. So, we
ended up with 96 out of that. That's how we came to the base of
our densi ty of 148. Then you get to Paragraph A, and you talk
about comparison of open space as to development space and the
bonus. The issue here is, was Mr. Martin correct in making the
density. I don't know how you, if you look at Article IV, Article
IV does not talk about developable land. It gives you each zone,
and it tells you that in that zone, the density is X, Y, and Z. So
all you have to do is figure out how many acres you have in that
zone, and that gives you the base. I have one other comment I
would make, too. For the record, I disagree with Mr. Martin saying
that the Ordinance says that all parcels have to be contiguous. If
you really get into the PUD Ordinances, it says that to qualify for
a PUD, you have to have 30 contiguous acres. Some place or other,
now, he's referred that over to the density issue. We haven't
argued that, because we're only talking about 163 units, total,
including even what we're giving in to the McDonald swamp and what
not. So we've never had to get beyond that, but I wouldn't want
to, for precedent purposes, say that I have agreed on the record
that parcels have to be contiguous in order to be considered in the
density calculations, and I specifically make that point because at
Hiland they weren't. You had parcels on two sides of the road in
the Hiland, and they weren't considered. I think you even have a
road, some parts of West Mountain, up at the top, but that maybe a
township line, too. The other issue which I would make, because
something has been said on the record, is some reference to the
Carner Blue Butterfly. We met, this week, with representatives of
DEC on that issue. We have satisfied them. We hope to have a
letter forthcoming from them that they are satisfied with the
efforts that we've made to identify the fact that we do not believe
that we any of that species on our si te. There was a sighting,
apparently, and the only documented sighting of Carner Blue
Butterflies, to the north of this site, in the transmission line
area, which is not part of the PUD, and I just raise that because
it was on the record. I don't want to be in the meeting and not
respond to it. We'll respond to it in more detail when we have the
actual response from the DEC, based upon meetings. I think you're
asking, did Mr. Martin make the right interpretation of Section
179-54, when he determined what the base.
MR. TURNER-Any further comment?
MS. ALLEN-I just have one more. In Article IV, you'll note that it
specifically talks about the purpose under each Section. The
purpose for a Waterfront Residential zone is to protect the
delicate ecological balance of all lakes and the Hudson River,
while providing adequate opportunities for development. I think
that that is in Article IV and pretty clear that that's the
reference.
MR. O'CONNOR-Mr. Turner. I also know that there are some neighbors
here that came specifically to support our particular project. I
don't know if you want to hear from them or not.
MR. MARTIN-You have a public hearing scheduled.
55
MR. TURNER-Yes. We will hear from them. Okay. You people are all
done for now?
MR. CARVIN-I just have one question. Have you got any figures of
how many, under your mathematical equations, that they should be
allowed?
MS. ALLEN-Well, it's difficult, because we run into two problems,
well, more than two problems. One problem is that we're already
just relying on the applicant's calculations, which I guess we're
willing to do. Another one is, we're not quite sure the exact
archeological area, as of right now, nor are we sure, I have not
seen that letter from DEC. The last letter I saw from DEC still
expressed concern about the Carner Blue Butterfly, and I understood
they couldn't even make a decision until later in the year. So,
it's hard to say that habitat should be eliminated from this
developable land, and also any archeological area, but if you take,
just minus the wetland, the bluff, and I gave approximately three
acres to the archeological, and I have to admit, that was an
arbitrary figure, I came up with as of right, 124 units, and then
with the density bonus of 19 units, 143 units there.
MR. O'CONNOR-Can I ask the counsel where she finds the definition
that she apparently is using for undevelopable land?
MS. ALLEN-I think it's fair to say that wetlands and bluffs are
undevelopable land. The archeological is going to depend on where
it's shifted.
MR. O'CONNOR-Both of those items can be part of the lot, can they
not?
MS. ALLEN-It's a bigger issue than that, though.
MR. O'CONNOR-My comment, I guess, Mr. Chairman, is argumentative.
I think she's trying to create an ordinance within the ordinance
that's not here, and I make that point for the legal benefit of it.
There is no definition that can be referred to. This is an
Ordinance that's been enacted under the complete powers of the Town
of Queensbury and should be interpreted in accordance wi th the
manner in which it is written.
MS. ALLEN-And all I have to say to that is that you go through the
pertinent Sections with the applicant.
MR. TURNER-Okay. I will now open the pUblic hearing.
PUBLIC HEARING OPENED
ROBIN BREWER
MRS. BREWER-My name is Robin Brewer. I just want to make a comment
to the Carner Blue Butterfly, and how they were discussing the fact
of leaving, those areas have to be deducted. Mr. O'Connor has said
that as far as they're concerned, at that particular time, there is
no sighting. I have a report from the Michaels Group, and it says
the project ecologist will take a second look at the open areas on
the project site at an appropriate time to be coordinated with the
Nature Conservancy to determine if the Butterflies are utilizing
any of these areas. I've just spoken to the Nature Conservancy two
days ago, and DEC, Laura Sommers, Endangered Species. has also
written a letter, and I do have letters, they're probably in my
folder somewhere, they do say that another survey needs to be done
in the summer of 1993 to find out those areas, and they may not be
limi ted to the pole line corridors. There are some open spaces
that need to be checked on. and that is a point that I think has to
be talked about, that should be taken away from density.
TOM FITZGERALD
56
-""
MR. FITZGERALD-My name is Tom Fitzgerald. I live on Sherman Island
Road. I'm not sure how relevant this is, but I'd like to state
that my ini tial concern was because I was trying to protect my
family and my investment on the Sherman Island Road. Initially,
the project didn't give us much consideration because the flow of
traffic was coming down our street. The Michaels Group did rework
the project and alleviate the traffic problem. I'm very pleased
with it, as it stands right now, because of the green space, the
buffer zones. I do have one concern, and I've addressed Mr.
Oppenheim on that, and that was the fact that the road, which the
present plan calls for closing the road off at the end of Sherman
Island Road. In the future this road may, perhaps, be reopened,
but I've discussed that, and my concerns are not as strong as they
once were. Legally, the road always 0 f fers the opportuni ty to
reopen, but there would be the traffic issue. Again, it doesn't
appear logical that it would be reopened. The environmental
concerns are our concern, but I feel that the Town Board should be
concerned with that. So, I'd just like to go on record as stating
that as far as mY family is concerned, the Michaels Group has met
my concern.
BARRY WHITE
MR. WHITE-My name is Barry White. I'm also a resident of Sherman
Island Road. I have been for 21 years. There's been a lot of
changes in the past 21 years on the Sherman Island Road. I
remember when there was three houses there, and a dirt road, no
water. There's been a lot of changes. It's grown into a nice
little community. Thé integrity of our community is being
preserved by the Michaels Group. In fact, things are being
enhanced. The McDonald Subdivision, which would have put traffic
onto Sherman Island Road, which was our main concern, has now been
alleviated. Those people will not be exiting onto Sherman Island
Road, which is a very narrow road. I think these people have been
more than fair with what they've done, and I'm in full support of
their project. I am concerned with the natural habitat, and I
think that's being preserved as much as can be expected. With the
homes that are in there now, there's still an abundance of wildlife
in the area, deer, rabbits, what have you. They haven't been
significantly depreciated for the 21 years that I've been there,
and I can't see how this project would deter it in any manner.
MR. TURNER-Thank you.
hearing's closed.
Anyone else wish to speak? Okay.
Public
PUBLIC HEARING CLOSED
MR. TURNER-Okay. What's your pleasure? I think he made the right
decision.
MRS. EGGLESTON-I think he made the right decision, from reading,
just from plain reading, digesting the sentence, I truly believe he
made the right decision.
MR. TURNER-Right there.
MRS. EGGLESTON-Yes. All of this comes before, and then this gets
into the bonus. Do you agree?
MR. CARVIN-Yes. I tnink that there seems to be some precedent with
the Hiland and with the West Mountain. I don't think Mr. Martin
was out of line in calculating it on the total basis, and just
because those other plans weren't protested or appealed, he
followed a format that I think is pretty clear in the book.
MRS. EGGLESTON-Yes. I agree.
MR. TURNER-Okay. Motion's in order.
MRS. EGGLESTON-All we have to do is say we concur? We don't have
57
to get into why we concur?
MR. TURNER-We'll say that we concur, and the reasons are that we
agree with his calculations as indicated on Section 179-54.
MRS. EGGLESTON-Okay.
MOTION TO DENY NOTICE OF APPEAL NO. 1-93 BREWERS AND AIKENS,
Introduced by Joyce Eggleston who moved for its adoption, seconded
by Fred Carvin:
And concur with Mr. Martin's calculations as they seem to agree and
relate with Section 179-54 of the Queensbury Zoning Ordinance.
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mr. Carvin, Mrs. Eggleston, Mrs. Paling, Mr. Turner
NOES: NONE
ASSENT: Mr. Philo, Mr. Thomas
MR. O'CONNOR-Mr. Turner. are you going to, for the record, make a
ruling on whether the appeal was timely?
MR. TURNER-I think it's the Board's consensus that they don't wish
to make that determination.
MR. O'CONNOR-Thank you.
MR. BREWER-Thank you, Mr. Turner.
MR. DUSEK-Could we have a very brief Executive Session.
MOTION TO GO INTO EXECUTIVE SESSION, Introduced by Joyce Eggleston
who moved for its adoption, seconded by Marie Paling:
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mr. Thomas. Mr. Carvin, Mrs. Eggleston, Mrs. Paling.
Hr. Turner
NOES: NONE
ABSENT: Mr. Philo
MOTION TO COME OUT OF EXECUTIVE SESSION, Introduced by Joyce
Eggleston who moved for its adoption, seconded by Fred Carvin:
Duly adopted this 20th day of January, 1993. by the following vote:
AYES: Mr. Carvin, Mrs. Eggleston, Mrs. Paling. Mr. Thomas,
Mr. Turner
NOES: NONE
ABSENT: Mr. Philo
MOTION THAT THE QUEENSBURY ZONING BOARD OF APPEALS GIVE ATTORNEY
DUSEK THE POWER TO REPRESENT AND DEFEND THE QUEENS BURY ZONING BOARD
OF APPEALS AGAINST THE LAKE GEORGE ASSOCIATION ACTION FOR ARTICLE
78 RELIEF, Introduced by Joyce Eggleston who moved for its
adoption, seconded by Fred Carvin:
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mrs. Paling, Mr. Thomas, Mrs. Eggleston, Mr. Carvin,
Hr. Turner
NOES: NONE
58
,-,,'
ABSENT: Mr. Philo
MR. DUSEK-We'll give it our best.
MR. TURNER-Okay. Election of Officers. We're doing Vice Chairman
and Secretary.
MOTION TO NOMINATE FRED CARVIN FOR VICE CHAIRMAN OF THE QUEENS BURY
ZONING BOARD OF APPEALS, Introduced by Joyce Eggleston who moved
for its adoption, seconded by Marie Paling:
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mrs. Eggleston, Mrs. Paling, Mr. Thomas, Mr. Turner
NOES: NONE
ABSENT: Mr. Philo, Mr. Carvin
MOTION TO NOMINATE JOYCE EGGLESTON FOR SECRETARY OF THE QUEENSBURY
ZONING BOARD OF APPEALS, Introduced by Theodore Turner who moved
for its adoption, seconded by Marie Paling:
Duly adopted this 20th day of January, 1993, by the following vote:
AYES: Mr. Thomas, Mr. Carvin, Mrs. Paling, Mr. Turner
NOES: NONE
ABSENT: Mr. Philo, Mrs. Eggleston
MR. TURNER-We won't bother with the minutes tonight.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Theodore Turner, Chairman
59