1972-06-07
QUEENSBURY PLANNING BOARD l-iINUTES ... MEETING JUNE 1 t 1972 AT
QUEENSBURY TOWN OFFICE BUILDING
Presiding:
~'\'re8ent :
Guests:
Kushner
,Kirkpatrick, Mellon, Monahan, Nortcmo Roberf;s, Sinnott
L1a~e8 & Boyaton, Bldg. & Zoning Dept~
EXECUTIVE SESSION
r
'-
1. Discussed following Speeial permits and våriances for action latero
A. Special Permit 132 - Witham .
B. Variance 1232 - St(}ryt:~t.vø - Zoraiog Board of Appeals referred this
back to us. 'l'he,.,havè further evidence - movies,. ate ~
C. Variance #233 ~ ~rr:t~:y - Tabled from last meeting~
D. Variance 1234.- He~ance - R-4 partially completebu1lding to be
used for truck 'storage,. '
Eó Variance #235 · Standard Fuza1ture ... Now building £acè a~d coyer
over door", .. '
F. Variance #236 ... Lavery ... Mobile home.' Town Board will appro"J'9
if' the set back variance is ~pprcvedo
G. Variance 1237 .. Carrols. New ': sign smáller than pres6t1to
Ho Variance 1238-Hall~ repair ca~~ in resideoc~¡
1. Va~ianee 1239 - Ambl~r - N$l garage set backò ..
J.. Variance #290 - or Special Permit #33 Gray - Letter from Town
Att:':omy Katz with opinion tb~s is "Automotive Service and Re~'.!lru
We disagree and fell this is a µse variance~ '
Ko Variance #241 - Regan and Den~y - Sign setback~
20 16-72 - Subdivision. Howla.nd-. Discussed meansf of stopping this~ Odell
has sugge.steå use of Interim Stop-Gap zo~ing.. ~le also could turn dôwn and
let Howland go to court if he wishes.
Adjourned for' regular meeting 8:30 polDo,
Re-eon~ened 10:25 p.m. .
30 Variance 1232 - Sto~~ · discussed.
<
Adjoumed for regular meeting 10:30 p,~,mo,
J. Arthur Norton.
Secntar¡
JANJpej
QUEENSBURY PLANNING BOARD MINUTES - MEETING JUNE 7,. 1972 a.t
QUEENSBURY Tam OFFICEBUILDlNG
Presiding:
Present:
Kushner
Kirkpatrick, Mellon, Monahan. Norton, Roberts, Sinnott
REGULAR MD.'TING
10 Special Permit .1?;2 - Witham - Clifford Witham gave a statement as enclosed"
*See attached cOPYo
Received letter from Town Attorney Katz stating that the shack is on the
property in violation of the Zoning Ordinance and, that any building on
this site would be sugject to the &-3 zone yard and lot requirements 0
Kushner stated that action ·on this will be deferred to t,he ne.~t me~ting 0
20 Still Crick - Subdivision 16-720
Attorney William Chambers spoke for thiso Stated that they have complied
with all laws. ordinances, etco, are not asking for vS&."1.ance snd requested
a favorable decision on this 0
Attorney Gordon Hammitt spoke for the Laké George Association and other
C:OQce~~ed individualso They are .concerned over ~he Dunham'fa Bay Wetlands
as a valuable resource and stated that :'.r-;·'¡(f ~...r2d-:'~1idm<léi f~O'fl~"~ ~t~,-;'.t::t~:: tt.4" to
the environmental dangers of furthar development in these areaso
Kushner explained the steps talten by the Board in reviewing sur';i-divis1ons
as follows~ '
10 Layout of subdivision t'lith total concept roughed lao
2.. Board makes suggestionso
30 Prel~inary map submitted and investigatedo
4. . Prelimina:ry approval by board
S. Health-Highway - water approval.
60 Final approvalo ,
Kushner also stated that we have many calls and telag~s in opposition
to th~s subdivisiono He also had a call from Cyrus H.. Mooree Ass'to
.éittyo Genera1 saying that a letter of May 14, 1972 is retracted by a latter
of May 31. 1972 snd states that his 0 ffice is checking the boundry line
of the high wster marko \ '
Howland stated that he fí!:tt, Kushners remarks regarding this call were
derog4tory and out of omêr.. KusbQer discussed the possibility of
asking' the Town Board for Interim stop-gap zoning for the wetlands using a
10 acre lot sizeo
Malcolm Coutant. Regionsl Attoxn&y for the N~ York State Department of
Environmental Conservation stated the following procedure for subdivision
approval 0
10 Informal approval-prelimina.ry approvalo
20 Sewage plans" approved by Env!. mnmental Conservation Depto
30 Transportation Corporation formed filed with Secretary of Stateo
40 Certificate of Incorporation and complete'subdivision plans,)
S. Go to board for final approvalo .
DEC is interested in preserving the environment for: Expanding economy
snd growing population, Long range pattern of development and protect
environment 0 Employees of the DEC stated that this project did not
,violate the lf1wo The DEC feels that they do not know whether there is a
violation snd they are obtaiDing a survey of the wetlands and the high
water level 0 DEe is to conserve. protect and improve natural resources
of the stateo They are to encourage the best development use of the land
and still protect the tando He noted that the letter from the Conser-
vation employees had been retøctedo
He also !toted that maps had J:88ched their office with a demand for an
immediate letter of approval this morning snd qU8stionad why the late
submission since the Planning Board had had them. for a monthet
He stated that approval of aewage systems is under the DEC. not the State
Health Deparcment9
Dean Howland: Wants to bring Lake George to more people.. giving then a
chance to reap the benefits of Lake George - pools agd tennis courts will
be pmv1.dœdo All neighbors surrounding the boundaries approve of the
sub-division · petition oarecordo
UnkDOWO: Doesn't want aoy more people on Lake Georgso
Elliot Lawton: Believes the U. ofunmotorbed boats will not be abided
Questions High water marko
Planning Board: Motion by Sinnott: 10 Requests that the Town Boe.~d adopt:
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QUEENSBURY PLANNING BOARD - JUNE 7, 1972 - REGULAR SESSION MINUTES CONTIl\qJED
"Interim Stop Gap Zoning", in accoœance with the Legal Memorandun published
by the New York State Office of 'Pl'lnning Services. for the Làlee George wetland
areas located within the Town of Queensbury as indicated on the proposed
Master Plan update, as a rural conservation zone with 10 acre minimum lot size",
Seconded by ICirkpatricko Carried It
Questions:
HenJ:y Sires: What happens if you ¡ivœ him a preliminary go ahead!
Board: If motioa adopted - stop gapaming we shall defer further consideration
of this application uatil TowQ Board action finalizedo
Unknown: Cau there be activity in the subdivision?
Board: No further activity in regard the the development (Howland) subdivision
in that area at this time. .
Unknown: If tta town board denies motion will the proposed 8ubdf:~':Lsion return
to beam!
Board: Will continue on with review of applicationo
Unknown: ,If you grant preliminary appmval what will happen!
Board: If we give preliminary approval the applicant will contin'i.,e his data
gathering as aforemeotioned. Arty further work on the part of the sub-division
at this t~e is at his own risk.
Unknown: If the zoning is, ~proved will Dean Howland still be able to'ßo
é~7 .. .
Boam: Noò l.fr" Kushner own opinioao
Dean Howland: Ajprove us or reject us and tell us the r.eaSOD why that's all
we came here to ask. if you want to make a legal issue of it. if you don' t
appmve it ordo either ODe of these within 45 days its automatic 0 uWS go to
the'ToWn Clerk (we won't dothis)oeo'and ask for certi ficat8 0 0 0 .
Boanh Taking another aP{itròach to ito 0 0 owe are gett:1nginto a legal problem and
we will plObably be 1avolvedwith coucil.eo
Unknown ~ Why can' t the board reject the preliminary proposal?
Boa~ch We feel if we can the intermediate zoning passed immediately it will
not only resolve the situation with the particular sub"division but also further
possibilities of encroachment on the wetlands" 0". oWe feeì this is a much
l '¡)"der brush '\ud much more useful application to total pictureo
Mro Nortou: Reflection o~ Dean Howlands statement '45 daysu umust be after a
public hearing (not meeting tonight) also a final complete subm~ssion-on approval
of prel1mincry submission. 0.000
Mro Heamitt: As a matter of racoxd and on behalf of the people I represent.
I would like to ask that you coas1der rejecting the application tonighto
BoaJ:d: So notedo
30 Variance #232 · StOJ:ytOWD - Sign for Johnny Appl.8i~ed Restaurant,o &ttyo
Judge, Wood and Grlscott appeared for this 804: showed pictures and movieso
Adjourned for Executive session lO:25 p.m.
Reconvened 10 :30 ,
Motion by Si1\nott. seconded by MonahaD and carried to recommend approval 0 f
155 sq" ft. sign 20' back free right of wayo
40 Variance #228 Gerri'Ê3Y, Corinth Road wish restaurant in M-l zonao Motion
by Kirkpatrick, seconded .by Siunott and carried to recommend approval as this
'\fould be changed to C-l zone under our rec0111meaded change of the zoning mapa
50 Variance #234 · He1'lDÐ.nce, COQQecticut Avenue - wish to complete concrete
block building for storage of refuse disposal truckso Motion by Roberts,
seconded by Sbmott and carried to recommend approval as long as property is
maintained properly 0
60 Variance #235 - Standard Fumiture~ Upper Glen St. Wish to put new enc- .
losure over the front entrance which will project 6' Worwani of the bu1ldingo
Motion by Sianott. seconded by Kirkpatrick and carried to recommend approval
as this will Jmprove the property.
70 Varia.nce #236 - Veina Lavery. Ohio and South Averaue .;. wishes t~ locate a
mo"1le home on a 6OxlOO foot lot with a 10' setbac~ rather, than 30 required 0
Motion by Mellon sec01Ided by Roberts and carried to return this essaW-age
and water of nei~hbo'r properties should bè cheeked a,gainst the proposed
locations on their siteo
OQ V&ro ~Z31 - Carrolts Restaurant. Uppe~ Glen Street œ Remove pylons and
install smaller, sign on fascia. l.fotion by Norton, seconded by Mellon
and carried to reoommend 'P provsl on this as it 1s less non-conforming
than the present s1gn.
90 Variance #238 Hall. Bennett Road 8 Repair motor vehicles in an H-) zone.
Motion by ~onahan. seconded by Kirk?strick ano carried to recommend dis-
approval as not proper reason ahown for use variance.
10. Variance #239 - Ambler. off Pilot Knob 'O....'C':.I,L Gara("e 22' from right-ot'-way.
Motion by Sinnott, seconded by Mellen and carried to recommenà çproval
as this is further from the right of way than the building being removed'
snd than the other bul1dlQgs on the s1te~
110 Variance #240 and SoP. 133 - Gray PropBrties - Quaker Roado Car. truck.
and trailer rentals at car wash. hpinlon from Attorney Katz that th1s
would be under ttAutomotive 3erv1ce" and therefore a peI'II1"tteð suecial use.
We disagree and feel th1s would be a use variance. Motion by Norton.
seconded by Roberts and carried to reco~~end disap9roval as we ~eel that
this 1s a use variance.
120 Variance #241 - Regan &: fenny G Quaker Road. Sign sotback. Z-:ot1on b7
Kirkpatrick.seconë:ed bY' 14ellon snd carried to recommend approval with the
sign to be 15J from the :r1ght-of-W8Yo
130 Donald & Howard Grundburg a~peared to ask about body snd front end repair
service across from K1ng Trailer Court on Route 149 in R~2 zoOSo L1apea
to work with them in submitting tor varianceo
text regular meeting July 5. 19720
Ad journed 0
Jo Arthur Norton,
Secretary
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Thisstatemênt shoulcJ, clarify ou::, ~)osltion in relation to the
.'T'Ir·o· '1'\'e' r t....ra,n·r"! "'p'r'o ~ N't ¡';r:" h~'í ore, '01"O·I"¡o ~~ 8' r" [)1"': 1;7 i>i~1-; ('"I" :.s~~ v 0\'1 La, ·,1_'·.,0" Georg·"e,.
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·ft
Weare desirous of doing \ìhat is best ui thin the [1!'oa :tor all
concerned.
In early Harch of' this year ¡re "Jere made 2:\oTê:rE~ of concern caused
by our application to construct a
200 t dock ",d 'ell
ten slips on each
Tovrn of '~ueensbury
icl f i.J.. At t!le:> A·, 011 r} 1 or;')
s,e o. t.. - t)rJ. -- , -, I ¿,
mooting of t~'e
Planning Bortra "lIie tolð t,h.o é\ssembleù aud.i.e.r:cc that '\,.Te ¡.¡culd \,.J'Ì th-
dra.'\rJ this application from the r-. Y. So Dc~)artm(;nt of Conservation
board h"'n,.'11~nn '1t "',", r::p-r'!.. C~"",·,~,.. ~'.J(",; (1"~,,~.,, r',·.o. O,,-.!., :'·tL"'...·I-("".(",.,. l''"':,·c''.son ~"'Tas
c, '", U ':.10 .: . Tll\~ J~AV C.',y v ~ ~....., _ ,-, _ ,l"...; '~'Cl . \
that '\iYe " \l'rishec1 to bE!
,~O.r""Cl. ",.;.. ~--T c~!-...tu···o··· ~.~ ft O·u""
'-,. J.J \:"..L. 0"" ..L c> 0 ....
G})~'.~,\l:tCG..tiorl. for
:permitted speclalusc i1::' tbe R-3 :ce::~i(''1ential zct:c Jchat the
subject þrop€'rtj~ :LS ¡,¡it.hin ¡!Os fOT Gnd 1s :for D. small.1.¡.{)' ciock
vd.th one slip on e2ch side. A clod: that ¡.:oulC h8°J'C:
Ci cau8ci þr
. .'
of six boa ts. Four
P''''r-O~'l~~!' ~:l~l" '''()1'' <:< ~,1 C> ,., I~,.,
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f' 0 J:'
0,,"" ,f""1'll°., Tr
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and one for use in ny re::::l c~s-c[tte bt1s::L;~pss. '7e 1,-,i::1.1("( to sqlJ.2re
our fifty foot Idèe legal dr5."I','re\'T2'Y 0.(.''' tc tho CC"CC 0'" the lake
""a'rlng ~ -?lo'f'ty foct 1J~~ "")""1'O~·~'·1'1""{~ð'~,~ 01,1 ·')r:1r1.--rn" ~·""e" le"T:rint::!' "1'_,
¿J..J:.)...'.'~ -- __ _ v "t.:r ¡·,',t_~")_· .L._,J...~..Q,v\:,...1..~.. ,../........' ,~.c,..._.'-..J.......),¿.~, '':''i.J.. C\., _·_<~;'..V_ bU.··
mature treestst2.tlc}inz for IJo8lJ.'cys sal<:e. The par1dng area ¡'¡ould
handle about five cors.
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.~""y..<_ ~.:-... .._11_ c...;:~, ~,.,-,,\~';J. i. C'......
\Te prO}')Qsecë to
br->
basically a S111ËlIJ.
CI#')] e,.. O'''('('~·;. ''';~ r:--'~ J-i ,....,,1).... 'f.'Ie,
.,'(' . .,'j -- L.,c,~"J. ,,'~. l,,_U~J. '
fLlrtl::c.:> l~(XJ1.1C: :cited þer-
mission to physically and aesthetica.lJ.y refLlrbj.sh c. 10' by
12' construction shed lecalJ.y on the pr81'15.,2CS. Part of tl::is
last vms necessa.ry as arsoni sts l1ac~ pa.~tly cl(~2tl>oye(: tJ:.e "buiJ.ðing
some months ago. In::iOe the bLûld,ing '\-7e pro~)OSC¥~ a smalJ, tool
closet, small ¡'Jor1: benc!l,
(~e ~1r
, ;,:) cC, ,
telephoGe onC ~,"!'el'Y inportantly
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a unit known as DESTROILET.. oA butr.ne G8S fired toilet that after
use consisting of burning
for ten n:lnu'Gc3s
0t ?0(ì(', C'ÖP'!"OPS
~,~, ._V ''-_......' ','=i(::J _;'
COLl-
pletely incinerates In"L.'TI.a11 effluent tlnc1 tot~lJ,y eliEllnates any
possibili ty of shorG side 11011ution. As -:IN!. nm·, realize this 1¡Tas
a most modest propasal. As fa11 a.s polJ.ntior" of the lake, from
bvo or three active boots opGJ:'oting from thJ. ~ :Lnst:'11.r.at.J.on,
it '\vould ha.ve bE·on very small if a.n::. Lm!s forthcoming in the
immediate future covering h~rc1ro-carbon devices for motors ·HOu.1ð.
handle this problem most aè.equ2telyo The tr2f:Cic or: this bay
'\vould not be incI'en,sed 1~ a m2teria1 anount. Possible future
expansion 'Hould be subject to the r:los-c ridgid 1"o-,rio\1 ane:.
public hearings.
Due to the ft¡ ct that tIle several lJcrr.d. t'te(1 speciaJ. .L1ses in this
b ;,., t -... j"f- t.. t ., ~ '."" ...\_... ,"\""'!I l':"·~·P::--:::' d
zone are rODu..L.Y ca egorl:::.ec~ 1:ie ,LJ_'~'Gec .....L' L.Uj(.U, .,.J.~,;,,-,-...J.'" an ,.,rere
so pu.bliced, :not by hurt:~L1l intoct [Jut bccê,u2e 0:::' the la.ck
of nøHS reporters 8,t the :'5.rst Tmrr: Plaly~ir:g 30~rd meeting.
On this plan the Hiatter n011 restso
No ill to step bad: a bit in tlme to 88r1y Ea.rcb. At 2 :1l8cting a.t
the Regio!îal Conserv3tion Department IIcndqtlê"\!'ters
. l' ~ ~
ll1 ,', [1 r!' en spur e;
in early Ha.rch ire "Tere made m-n?Ͽ 0'1" tbe group calJ.eC the
Nature Conservancy. This group made their :feelings 1:110'\1110
Generall~r tho thoughts are this. The st2,te of rs-:J York in 1965
began to believe that the 1100 ac}."es and 36 parcels composing
the '\'Jetlanc1s behind
ancl Ð
Y\!1rt 0..1...(.' DLU· -l...'yr'l~ I~r.L1"".L..! C" "'nr'1 1..J"":r1"1er
1-' c;;" . ,,¡, li...-~..J.l ....' , ,Ò,.. --'_ .:;> c\ \....!" ~ (,.) .L _
Bay 1:Jere the finest unspoiled ,,;rctIond tr8ct in Ì':m,;r York State.
About one a.nd a half yoars ago the lT8tnre Cot'1scr"iJoncy at the
urging of the profounclly alert Lal:e George Åssocic:.tion began
,,, ~':<1-~'," ,', ' ' ,
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to e::-""Plore the subject. The proposal them became dormant for some
time and a.bout slx months ago bocame "';,"cry 2ct1ve.
SOr.1e t1'1'0 months or so .:::fter re-acti vation OUI' p::'opo sol came on the
horizon. Em'l '\'Te are again at the ltarcb mect::Y.ng at ReGional
Conservation D11d our first l::.no\'lli;dt~E' qf tb,e !Tature Conservancy and
their interest in Hrs. '\1ith8ms propertyo ~'Je i1n:"'lec1iatoly sta.tec1
at this meeting t.bat i:Te ¡fO'lüd entertain ser.:tous tlÜnldng of
being co-operative vIi tll the Conservancy. Since that time \Te have
kept a.li ve our proposal for Ð sma.ll business, but noro importantly
have had frequent in depth talles vith Lylo lforton of the Lake
George Association ::mc1 also vTOæ:ring the hat of TTature Consorva.ncy"~
We have cons1.Ü ted in depth ¡'lith Donald Borth ¡¡ho graciously a.cts
gratis as·a.ttorney for the Nature Conscrv8ncy. 'f,lc have t3.1~::ec1 'I':rith
attornej7' Richard Bartlett. He f1DVe tDll-:ecl on several occassions
irrith David Davis of Naturo Conservarcy. ~ile 112'\;(; had se"T8ral hours
of verv" c1etailer", talks ,Ji th t'l':TO IT e'1 ~torl;: St3 to e:D'Drai sors of
-'- -
Environmental Conservation i:¡ho a.re viorl::ing v:t th I~a.turc Conservancjr,
in the direction of the Corse~:,v8.ncy br5.nginc about t~-Je êcquisition
of the 36 pal'cels and 1100 acres of uetlands for prese:::-vation in
their natural state. All in all vIe have sincerely put ourselves
forth in the best intent for all concerned. Federal monies are
available for the purchase of the sUbJ ect pro~üc!'ties. Due to its
newness in part the Conservancy has r.ot rnac1e as much progress a,s
may be desirable in thesE; areas. 'T.:ve spealc of the relatively nm.¡
Adirondac chapter of same. '\;]e offer ourselves io the ITa ture
COLserva.ncy anI: its plan .~or the 'I:!etlands in the subj ect area.
~
.
,..,.... .:-
"
~
-~
'-,
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NOW good neighbors and public serving officials here 'He Ð.re tonight.
At great persona.l faraily sacrifice vIe are "I.1i tholding the adði tional
mandated d'etails of our permit applica.tion 7~?~,2 tIDt1l the next
meeting of this boardo This 'wIll alloi'l tho N8.ture Conservancy
an additional month on top of the four l;lonths al!>e:.?idy cons1..1.med
to gear up their direction and planr for the 'Hetland t:i....a.ct. lIe 'Hill
out of absolute economic necosslty have no choice but to go forth
next month with our modest pla.ns if t¡lC e11vircnmcntallst mOYCIDent
does not manifest 1 tse'lf. In honesty and fairnes~ to all \'TO have
done are very level best Ð.S best as vIe are capable of. ·vie ask 110
special qua.rtm.'" 01'" favor, no specl",l con SiCCY'8 tl(~ ".to but respect7u11y
pray that honest intent and purpose ìdIl p:::,(~vail.
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