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2006-08-23 (Queensbury ZBA Meeting 08/23/06) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING AUGUST 23, 2006 INDEX Area Variance No. 46-2006 John P. Matthews 1. Tax Map No. 239.19-1-15; 239.18-1-51; 239.19-1-13.1 Area Variance No. 48-2006 Daniel & Bethellen Mannix 1. Tax Map No. 296.12-1-23 Area Variance No. 49-2006 Peter Mitelman 1. Tax Map No. 302.7-1-39 Area Variance No. 50-2006 Larry Clute 2. Tax Map No. 301.17-1-3 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury ZBA Meeting 08/23/06) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING AUGUST 23, 2006 7:00 P.M. MEMBERS PRESENT CHARLES ABBATE, CHAIRMAN JAMES UNDERWOOD, SECRETARY JOYCE HUNT ALLAN BRYANT RICHARD GARRAND ROY URRICO CHARLES MC NULTY STENOGRAPHER-SUE HEMINGWAY MR. ABBATE-Unfortunately, we will be unable to conduct hearings of scheduled appeals this evening. The public notice was not listed by the Post Star, and I will read for the record the following letter that was sent to Ms. Sue Hemingway from the Post Star Legal Advertisement Department. Town of Queensbury Zoning Department, “Dear Sue: I’m sorry to inform you that the legal notice for zoning, Matthews and the entire party, did not th run in the Post Star on the 16 of August as requested by your office. I received a notice thth on the 9 of August and scheduled it for the 16 as requested, but due to mechanical error or possibly an error on my part, the notice was left out of that day’s issue. I apologize for any inconvenience this may have caused. Please let me know if there is anything I can do to help rectify the situation. Sincerely yours, Sharlene Comstock, Legal Advertising Specialist, The Post Star.” Okay. Having said that, to continue on. th Please be advised that the following appeals will be heard on the 20 of September. Matthews, Clute, Mitelman, Borgos, Kelly, and Mannix. Also please be aware, for the record, that a survey must contain a stamped date and signature in accordance with the thst ZBA resolutions dated 15 day of February 2006 and the 21 of June 2006. Both resolutions are on file in the Town Clerk’s Office as well as in the Community Development Department. Are there any members of the public who wish to comment on any appeal that’s scheduled this evening? JOHN SALVADOR MR. SALVADOR-Did you open the public hearing? MR. ABBATE-It’s open right now. MR. SALVADOR-Which one is open? MR. ABBATE-Which one would you like to talk about? Matthews, but I have to caution you that it must be directly related to Matthews. Okay. AREA VARIANCE NO. 46-2006 SEQRA TYPE II JOHN P. MATTHEWS OWNER(S): JOHN P. MATTHEWS ZONING: RR-5A LOCATION: 3219 STATE ROUTE 9L APPLICANT PROPOSES LOT LIINE ADJUSTMENTS BETWEEN 3 CONTIGUOUS PARCELS. RELIEF FROM THE DOUBLE THE LOT WIDTH REQUIREMENTS FOR RESIDENTIAL LOTS ABUTTING ARTERIAL ROADS IS REQUIRED. ADDITIONALLY, SIDE YARD SETBACK RELIEF FOR EXISTING ACCESSORY STRUCTURES IN THE RR-5A ZONE IS REQUESTED. WARREN COUNTY PLANNING: AUGUST 9, 2006 ADIRONDACK PARK AGENCY: YES LOT SIZE: 1.5; 3.23; 3.42 ACRES TAX MAP NO. 239.19-1-15; 239.18-1-51; 239.19-1-13.1 SECTION 179-4-030; 179-19-020 PUBLIC HEARING OPENED JOHN SALVADOR MR. SALVADOR-The Matthews property, as you know, is in North Queensbury, and there is an activity going on this Saturday at the North Queensbury Firehouse to which Mr. Matthews and the rest of us residents have been invited. The purpose of this information meeting on Saturday morning at 9:30 is to discuss an on site wastewater management district for portions, if not all, of North Queensbury, and I’m just letting this Board know that you’re invited to attend and this is a very, very important issue dealing with wastewater, and that was a thing I’d like to advise you of. 1 (Queensbury ZBA Meeting 08/23/06) MR. ABBATE-Okay. That’s fine. Thank you very much. I appreciate that. AREA VARIANCE NO. 50-2006 SEQRA TYPE: II LARRY CLUTE AGENT(S): VAN DUSEN & STEVES OWNER(S): SHIRLEY HARVEY ZONING: SR-1A LOCATION: 489 WEST MOUNTAIN ROAD APPLICANT PROPOSES A MODIFICATION TO A 2- LOT RESIDENTIAL SUBDIVISION. RELIEF FROM THE DOUBLE THE MINIMUM LOT WIDTH REQUIREMENT FOR RESIDENTIAL LOTS ABUTTING ARTERIAL ROADS IS REQUESTED. CROSS REFERENCE: SB 27-2005 WARREN COUNTY PLANNING: AUGUST 9, 2006 LOT SIZE: 1 ACRE AND 1.26 ACRES TAX MAP NO. 301.17-1-3 SECTION: 179-19-020 MR. ABBATE-Is that Mr. Clute? Were you here when I made the announcement that several of the applications are defective, in particular your application if you’re Mr. Clute, because when I reviewed it, unfortunately, or fortunately you do have a map, a survey map, which is fine, but unfortunately, it has to have a stamp, it has to have a date, and it has to have a signature of either a professional engineer or the licensed surveyor who actually did that. LARRY CLUTE MR. CLUTE-So that map that Matt Steves had submitted, he didn’t stamp it, is that what it is? MR. ABBATE-Right, you’re absolutely correct. It wasn’t stamped, it wasn’t signed, and it wasn’t dated. MR. CLUTE-I’ll make him aware of that tomorrow morning. MR. ABBATE-Would you, please. MR. CLUTE-Absolutely. th MR. ABBATE-And you have between now, certainly, and the 20 of September, which is plenty of time. MR. CLUTE-Okay. MR. ABBATE-Okay. Thank you so much, Mr. Clute. MR. CLUTE-Thank you. MR. ABBATE-All right. That’s basically it. PUBLIC HEARING OPENED JOHN SALVADOR MR. SALVADOR-I’d like to speak. MR. ABBATE-What would you like to speak on? MR. SALVADOR-Mr. Clute’s application. MR. ABBATE-Go ahead. MR. SALVADOR-I’ve heard the reference to two types of documents, one called a survey and the other called a map. These are not interchangeable terms. They are mutually exclusive. There’s a difference between a map and a survey. MR. ABBATE-I didn’t mention a map this evening. MR. SALVADOR-Both terms were thrown out in your discussion between yourself and Mr. Clute. I don’t think he understands really what you want. MR. URRICO-I think the only misunderstanding was he said Matt, and he thought he said map, and that’s the only reason that came up. MR. ABBATE-Matt Steves. 2 (Queensbury ZBA Meeting 08/23/06) MR. SALVADOR-What is it that you require, a map or a survey? MR. ABBATE-I would suggest, refer you to Zoning Board of Appeals resolution dated the thst 15 of February 2006, and the 21 of June 2006, both are on file in the Clerk’s Office. MR. BRYANT-Can I respond to that question, Mr. Chairman? MR. ABBATE-Go ahead. MR. BRYANT-It requires a survey by a licensed engineer. It has to be signed and stamped. MR. SALVADOR-Engineers don’t make surveys. MR. BRYANT-Surveyor. MR. SALVADOR-Licensed surveyor? MR. BRYANT-Yes. MR. SALVADOR-Okay. MR. ABBATE-Any other comments? Okay. This hearing is closed. MR. SALVADOR-Hearing or meeting? MR. ABBATE-Meeting, thank you, ladies and gentlemen. I appreciate that. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Charles Abbate, Chairman 3