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1968-11-20 70. MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on - November 20, 1968, at 8:00 P.M. There were present: John Fitzgerald James Keller George Kurosaka Charles Sicard Allison Ellsworth being all the members of the board. John Fitzgerald, the Chairman, presided and James Keller, the Secretary, recorded. The minutes of the public hearing held on October 23, 1968, were read by the Secretary and upon motion duly made by George Kurosaka, seconded by Charles Sicard, carried unanimously were approved with changes. Applicatmon for a Variance #62 by Harold S. Veeder - Shore Colony, an overall variance, involving Mr. Veeder's ability to sell non-conforming lots in a sub-division created prior to zoning Mr. Wayne Judge was present as Attorney on behalf of Mr. Veeder, "First of all, Ird like to request of the board, if it's not objectionable, to argue both the Veeder and the Miller case at one time. live prepared a Memorandum of Law on both cases, and thB only problem is I didnrt make enough copies, so if it1s all right with the chairman, at the end of the meeting I'll retrieve the chairman1s copy and send a copy to the chairman in the mail tomorrowo. James Keller, "I would object to your one point about discussing both variances as one because I think they are in many ways two distinct problems 11. John Fitzgerald, "Mr. Keller, I think they are two separate problems, but on the other hand, the Memorandum of Law finds common points between the two of them~ Mr. Judge, "I'd like to make a short intorductory statement and then lid like to call Mr. Leavitt as a witness, and then I'd likà to make a short introductory statement, and that would be the extent of our record. The board at this time is familiar with the facts, I am sure. The petitioner, Mr. Ha~old Veederr filed a sub- division map in 1957 setting out 94 lo~ in a sub-division and ap- proved by the Department of Health and filed in the Warren County Clerk's office, containing 96 lots and located on Assembly Point. In 1967, or thereabout, the Town of Queensbury enacted a Zoning Ordinance which required not only that the minimum frontage of each lot be 75 feet, and the minimum depth be 100 feet, which all of these lots are, but, in addition, the lots should contain a total area of 10,000 square feet; many of the lots do not contain 10,000 square feet. After the enactment of the ordinance, Mr. Veeder 1 71. conveyed one of these lots to Mr. George Miller, and that's lot No.6 on Block G. Mr. Miller commenced building a summer residence on the lot, was informed that it was a possible violation of the Zoning statute and to follow the most prudent course, was advised and did apply for a variance for permission to build on this lot. When Mr. Veeder heard about this possible violation of the Zoning ordinance, he also filed a petition on the theory that this was the most prudent course,and with full knowledge that it was not at that time and is still not clear that any of the lots violate the Zoning statute, and that in either case a Variance is necessary. Now, with regard to that point, that whether or not a variance is necessary in either case, there is an ambiguity. And, the ambiguity arises out of Section 5- 103 of the Zoning statute and Section 5-501 of the Zoning statute. Section 5-103 says in part, "that if any'lot already less than the minimum required by the ordinance, the said area may be continued not reduced~ Section 5-501 of the Queensbury Zoning Ordinance says, "a single family detached dwelling may be erected on a non- conforming zone lot on official record that on the effective date of this ordinance irrespective of its area, the owner of which does not own any adjoining property which would create a conforming lot if all or part of the property will combine with the subject zone law." There is no language in either segion which prohibits the owner of a lot which does not contain the minimum area, prohibits him from selling a non-confID~ming lot. And, there is no language in either of the sedions which prohibits the purchaser of that non- conforming lot even after the enactment of the Zoning statute, from building a dwelling on that non-conforming lot. As a matter of fact, Seg[on 5-501 clearly authorized the owner, it doesn1t say when he purchased, to build on that non-conforming lot. Now, it's obvious to anyone who has had any experience with the construction of statutes that they're construed most strictly against the draf~ers of the statutes, and in favor of the property owners. And, that there is no 1naguage in either of these statutes which would prevent the activi- ties requested in our petition for a variance to be performed. Mr. Veeder's variance petitions for permission to sell non-conforming lots. There is no language in either of ~hose sections which pro- hibits him from selling non-conforming loi~. Mr. Miller's applica- tion asks for permission to build on a non-conforming lot, even though he purchased the lot after the enactment of the ordinance. There is no lançuage in either of those sections which would pro- hibit Mr. Miller from building on a non-conforming lot. In my Memorandum of law I picked out just as an example a Seétion of the Zoning statute for the City of Syracuse, which could have covered this situation, and the Zoning statute for the City of Syracuse, which was enacted in 1961, reads¿~as follows, "The Board may permit the construction of a building on a lot which does not meet the minimum area requirements of this ordinance, provided the lot is owned by the applicant and provided further that the ownership was a record prior to the adoption of the ordinance, no such permit shall be granted if the applicant purchased the property after the adoption of this ordinance as amended, or if the applicant is the owner of an adjoining vacant property so that he could comply with the requirements of the ordinance. And, the implication is by the addition of this property". The Town of Queensbury Zoning Statute doesn't contain the language, doesn't cover this situation. The petitioner Veeder asks for permission to sell lots, there's nothing in the Queensbury statute that prohibits the sale of lots, nor is there anything in the Queensbury statute that prohibits building on a non-conforming lot. So, under the first main point, our argument is simply that the zoning Board of Appeals simply does not have any 2 - ï:<. ?hoice in the case, because the language of the statute is clear, and 1 t doesn I. t have the power to deny permission in this case. The second point we would like to make, or the petitioner's second con- tention is that even if the board should find the a variance is necessary, in other words, even if the board can imply this language into the statute and decide that the statute does proscribe this type of activity, that a variance not only should be granted but must be granted by the board, and once again, the board does not have very much, if any, discretionary authority in denying the variance. In an opinion handed down by the Court ôf Appeals of the State of New York, which as you know is the highest court, in January of this year, it was published in the January advance sheets of the Court of Appeals report, Mr. Justice Keating made the following statement, "The basic rule which has evolved from the cases", and he's talking about regarding area ~ariances, "is this--where the property owner will suffer significant economic injury, by the ap- plication of an area standard ordinance, the standard can be justified only by showing that public hèalth, safety and welfare will be served by upholding the application of the standard and denying the variance. To state the matter more precisely, until it's demonstrated that some legitimate prupose will be served by restricting the use of the petitioner(s property, he has sufficient standing to challenge the constitutionality of the ordinance~ Once it is demonstrated that some legitimate public interest will be served by the restriction, then before the property owner can succeed in an attack upon the ordinance as applied~ he must demonstrate the hardship cause is such that it will deprive him of use of the use of the property to which it is reasonably adapted, and as a result the ordinance amounts to a taking of his property. So what this most recently decided case says, that unless there is proof in the record that there is compon- ent damage outweigh~ng this significant economic loss, the board has no choice but to grant the variance. Now, in order to provide the record with proof of economical loss, I(d like to call an expert witness, Mr. Robert Leavitt." "My name is Robert W. Leavitt, Realtor & AppraÜsor, Lake George" New York Ii . Mr. Judge, "Mr. Chairman, at this time I would like to spread upon the record the qualifications of Robert W. Leavitt". Mr. Fitzgerald, "We have them right here. I am sure the board is aware of Mr. Leavitt(s qualifications, and we'll have them sub- mi t ted to the record 11 . Mr. Judge, IINow, Mr. Leavitt, are you familiar with the sub- division of the owner of Shore-Colony on Assembly Point?" Mr. Leavitt, "Yes, I am'! Mr. Judge, "Have you personally visited the sub-division?" Mr. Leavitt, "On several occasions". Mr. Judge, "When was the last time that you had an opportunity to visit the sub-division?" Mr. Leavitt, "In the last two weeks". Mr. Budge, "Mr. Leavitt, have you ever acted as a broker 3 73c in the purchase or sale of the lots in Shore-Colony sub-division? Mr. Leavitt, "Yes". Mr. Judge, "Are you familiar with the value of raw land of the Colony on the sub-division?" Mr. Leavitt, "Yes, by that you mean lots". Mr. Judge, "Yes lots". Mr. Leavitt, "Yes". Mr. Judge, "Now, Mr. Leavitt, have you had an opportunity to look at the sub-division map; the original which is filed at the Warren County Clerk's Office and is entitled "Map of Shore Colony on Assembly Point, Lake George~ June 12, 1957, revised August 17, 1967"?" Mr. Leavitt, "Yes, Sir" . Mr. Judge, "And, have you, at my request Mr. Leavitt, determined which of those lots have been sold and which of those lots remain unsold?" Mr. Leavitt, "I have". Mr. Judge, "What are thè total number of lots on that sub- division?" Mr. Leavitt, "96 lots". Mr. Judge, "And, how many of those 96 lots presently remain unsold?" Mr. Leavitt, "45". Mr. Judge, "What would you say, on the basis of your experience as an appraisor and on the basis of your personal inspection of this sub-division, what would you appraise the total value of the unsold lots?" Mr. Leavitt, "There's one lot in Block B that remains unsold, it isn't part of this. That has a value of $7,500, the balance of the lots are more uniform in size, location and area". Mr. Judge, "Let the record show that the lot to which Mr. Leavitt is referring is Lot No. 2 in Block B that is not a lot in issue, since the lot is landlocked in the terms of the Zoning statute; Mr. Veeder owns no surrounding land so this is not a lot in issue, but, excluding that Mr. Leavitt, what would you say to be the total present market value of the unsold lots?" Mr. Leavitt, "$88,000". Mr. Judge, "Are you familiar with the area requirements of the Town of Queensbury Zoning statute?" 4 ¡ 7'1, Mr. Leavitt, "As lIve heard them tonight~~ Mr. Judge, "And, particularly with reference to the requirement that if a property owners owns adjacent property that will be re- quired to add enough property to meet the 10,000 foot requirement?" Mr. Leavitt, "I understand that." Mr. Judge, "If Mr. Veeder was required to combine the lots in a manner in which I just described, in such a way as to comply with the statute, how many lots would be available for sale?" Mr. Leavitt, "31." Mr. Judge, "I think the record shows that you originally said that if at the present time, without complying with the statute, it would be 45 lots." Mr. Leavitt, "Well, I disregarded one, so it would be 44' ." Mr. Judge, "And, therefore, how many lots will you eliminate from the sub-division, assuming compliance with the statute?" Mr. Leavitt, "He'd lose 13 lots." Mr. Judge, "Have you been able to determine the approximate market value of the remaining unsold lots, assuming Mr. Veeder complied with the statute? In other words , the gross value after you subtract these 31 lots." Mr. Leavitt, "In my judgmeat, it would be $62,000." Mr. Judge, "And, therefore, dò I understand your testimony correctly that if this board grants the variance he would have a total of $88,000, and if Mr. Veeder is required to comply with the statute, he would have a total value of..." Mr. Leavitt, "$62,000" Mr. Judge, "Resulting in a loss of..." Mr. Leavitt, "$26,000 and, in addition, he would have to resurvey the balance of these lots." Mr. Judge, "Now, how did you arrive at this figure of $26,000?" Mr. Leavitt, "Well, he established a market for these lots at an average figure of $2,000, and the market reflected the value, so what I did was multiply the 13 lots by $2,000-market value of the property-and, got my $26,000 that he would lose if he complied with the variance." Mr. Judge, "And, how did you arrive at the figure of $88,000 after you excluded the $7,500?" Mr. Leavitt, "1 had 44 lots as they are presently laid out at the market of $2000, for a total of $88,000." 5 7$'. Mr. Judge, "Now, Mr. Leavitt, you put a value of $2,000 on the lots before compliance with the statute, and after compliance with the statute, and after the area of the lots is increased by another 25 front feet you continae to carry the lots at a value of $2,000; will you please explain to the board why you have not in- creased the value of the lots after the additional front footage?" Mr. Leavitt, "The whole sub-division is over 50% sold out. The palter has been established from 75 foot lots, the relationship of land improvement is established, I don't feel the increase sized lots in the development will reflect any increase in price on those lots." Mr. Judge, "In òther words, in view of the fact that 44 lots have already been sold at 75 front footage, that if the man next door were to buy a lot at 100 front footage it would not reflect a proportionate increase in the purchase price?" Mr. Leavitt, "No, that's right." Mr. Judge, "Mr. Leavitt, are you familiar with the water treat- ment facilities that Harold Veeder instalEd a short while ago in the Shore Colony?" Mr. Leavitt, "Yes" Mr. Judge, "Have you ever seen it?" Mr. Leavitt, "Yes, I have." Mr. Judge, "Have you any idea of the cost of the water treatment facilities?" Mr. Leavitt, "I've understood that it was approximately $35,000, and based on what I've seen there, and what knowledge I have, I would assume that was correct." Mr. Judge, "Does the board have any questions of Mr. Leavitt, or anyone else?" Mr. Fitzgerald, "We ask Mr. Leavitt to remain to answer any questions the opposition might have." Mr. Judge, "Assuming we are consolidating the cases, if Mr. Miller would have to sell his land without obtaining a variance, his land would be worthless. For purposes of the record, I will ask Mr. Leavitt to direct his attention to Lot 6 Block G of the sub-division map." Assuming a hypothetical owner of that lot No.6, and assuming the Zoning statute prohibilted the construction of a seasonal dwelling on that lot, what would you say the market value of that lot would be?" Mr. Leavitt, "There would be no market value." Mr. Judge, "I have no further questions." 6 70. Mr. Judge, "The recent court of appeals case that I just sited contained a greatJdeal of language, all of which I feel relevant because the case is almost exactly the same. One of the ~ items that Judge Keating thought was relevant in that case, was that the particular zone lots involved in that case sat in the development where all the other zone lots had been zoned under a prior zoning ordinance, and contained less area. Then, the zoning ordinance;came in and imposed the 12,000 square foot area requirement, whereas all the lots around this particular petioner's property was also petitioning for a variance, had area very much less than 12,000. Some lots had frontage of 40 and 60 feet. (He quotes from Judge Keating...."It is queer that we contemplate here an island of 12,000 minimum size lots in a residential area of substantially less res- tricted zoning".) This is precisely the same situation that pre- vailed here. On the zoning map, almost all of the outlying lots have been sold and contain less than 10,000 square feet. If there is any damage, or if there is any derogation to the outlying areas or surrounding community, the damage is already done prior to the zoning ordinance. The island of great concentration of lots in issue, which are in the middle of the development, and, therefore, can't in any way prejudice their neighbors. And, furthermore, I think it's a matter of public record that a great many lots on Assembly Point do not meet the 10,000 square foot area requirement, and, therefore, a granting of the variance in this case will not change the character of the Assembly Point Community and, therefore, will not increase the population density of the Assembly Point Com- munity. We're talki~g about a loss of 13 units, possibly less, if we make so-called 'þothandle" lots we could run these lines around, we tried to figure it out and we got down to as small as 8, but the population density of 13 units as opposed to all the present units on Assembly Point now, is so dimininimous that could almpst be in- consequential. There's one further, but I think 'very important, fact that I'd like to make. Mr. Veeder entered upon this enterprise of this Shore-Colony sub-division i. 1957, and in order to do that he had to have all these lots surveyed. On a survey map submitted to the Department of Health, he was required to lay out s~ptic and drainage systems in his sub-division which would comply with all their Department of Health requirements, and still comply. This sub-division is in the middle of Assembly Point, so if there was any danger of a seepage of effluent, it would be much less than on those lots on either side of Shore-Colony sub-division. After he received these approvals from the Department of Health, he went to the proper authorities in the town for permission to put in this development and received, as far as I can see, their approval. He went to the expense of grating roads in the community, dedicated those roads which were originally part of his property to the town. Went to the expense of putting in a completely independent water treatment system which draws water from the lake, however, it contains a separate chlorinating and filter system of its own, and has an outlet in front of each one of these lots. All that is part of his capital investment. And, he did this relying on the law as it was at that time, and relying on the unspoken and unwritten contact with the town that he had the right to do what he was doing, and he clearly did have the right to do what he was doing. After he made all this capital investment, and after he had barely received the return on his money, the rules of the game are suddenly changed by the Zoning statute and now the town, through the statute, says to him "wait a minute, we're not interested anymore in hearing about what your 7 11, capital investment was, or what it had to be in order to get the sub-division off the ground. Now we have a Zoning statute, and all bets are off". There's no legal obligation on the town to continue this sub-division~in fact, there's a statute in the Town law book, however, there is I think a serious moral issue involved here~ when you weigh the financial drainage on a petitioner against the theoreti- cal maintenance established by this statute. AIl¿during these hear- ings the record has not shown one iota of proof, the kind of proof that this court of appeals case requires. The proof that the public health, safety, and welfare will be served by upholding the applica- tion. There is not proof in the record that a l~gitimate public interest will be served by the restrictions. There is no proof in the record of any health hazard¡ There is no~proof in the record of any change in the character of the commumity. There is not proof in the record of any change in population density. There is no proof in the record of any derogation of the public injury. However, tonight we have put proof in the record of significant economic in- jury to both the petioners. And, on the basis of that proof, and on the basis of law, it is the petioners contention that the Zoning Board has no choice but to find (a) either no variance is necessary, or (b) the board has no power to deny a variance." Mr. Fitzgerald, "Taking the issue of having no proof, the application has never really been considered. It's been postponed, except for noting of opinions. We have been waiting for legal opinion as a guidance. There have been gentlemen in opposition who have not appeared yet, or submitted a memorandum of law. Mr. Katz (Town Attorney), "I have not really had a chance to study it. Before rendering an opinion I would like to study the Memorandum of Law which has been presented." (Some general discussion at this pøint as to the map being filed with the Town of Queensbury. Mr. Judge said that he did not know, but he did mention that there is a provision in the Town Law that these maps must be filèd in the County Clerk's office. Mr. Fitzgerald suggests that Mr. Judge answer yes or no as to whether this map has been filed, and send this answeritn the fD~m of a letter to the Board as soon as possible) Mr. Fitzgerald, "Mr. Katz, as far as lots which are physicilly, as Mr. Veeder pointed out, landlocked, where Mr. Veeder has sold all the property around those lots, is a variance necessary? Mr. Katz, "No, it's may opinion when they're landlocked and there is no way of making them conform to the present standards, that no variance is required." Mr. Fitzgerald, "So, the only lots which we are concerned with at this particular point, are lots which are unsold but which are adjacent to an area which should be consolidated, Mr. Mr. Eeavitt explained. I have not really had an opportunity to digest this Memorandum of Law which Mr. Judge has submitted, and would like to give the opposition an opportunity to submit a Memoradnum at the next meeting." 8 ¡t. Discussion at this point as to the date of submittal of Memorandum of Law by the opposition. It was decided that the opposition will submit their Memorandum of Law by December 11, 1968, and Mr. Judge will submit an answer to it by December l1>f 1968. In opposition, Mr. Michael Cipollo, 4 Pine Street, Albany, New York, speaking for himself and his wife who are owners on Assembly Point, and for members of Shore Colony. "I agree that this has corne down to a question of law. When we had a Zoning meeting we had a fairly large representation at the Queensbury school. We didn't see Mr. Veeder or anyone repres- enting him at that time, so it was safe to assume that he agreed with everything. Then we discovered that Mr. Miller had purchased a lot from Mr. Veeder on August 15th for $1,500 and proceeded to build',on it, and was told he had to go to the building conunission and was told he couldn't build on that lot because of the size. Now, something was said about proof not beæng presented here. We have not been informed by Mr. Miller,or anyone else,of his proof of good faith in this thing. And, even though there is good faith here it must be noticed too. I say that because I also have cases which say that anyone purchasing one of these lots knowing that the lot was not conforming is in no position to ask for a variance. That's in Town Law Section 267. Now, we're going on the strict in- terpretation of 5.500, that"in our district only a single family of taxed dwelling may be erected on a non-conforming zone lot of official record, the effective date of this ordinance irrespective to this area or with the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject's own lo~, provided, however, that no . lot or lots in single ownership shall hereafter be reduced so as to create one or more mon-conforming lots." Now, it is safe to assume that the Town Board created these ordinances, and created a valid law here. We are not taking exception to these lots, that only a single lot; we say Mr. Veeder is entitled to sell those one lots but he has other lots here which he can make into conforming lots. This particular lot of Mr. Miller; there are four lots. Mr. Miller facing south, has one lot vacant on his left, and two lots vacant on his right facing south. Now, Mr. Veeder could easily create three con£Ðrming lots, of 400 feet,and could sell this for $1,500 and probably get $1,700. We fail to see èhe hardship there. The other lots which are locked in where he does not own any adjoining lots, wersay that the law is clear, definite and concise, and I think the only way in which you could create a variance is to say that this law is unconstitutional. The Town Board created it, and we relied upon it. You say you have no economical hardship on our part; the water settled on the place and when you go to the building zone,and when you go to the health zone they'll tell you when you go there to build. All we1re interested in at this particular time, is the granting of the variance. The reason we are interested is these people are members of Shore Colony, and they're being crowded. So, they're interested to see that these ordinances are upheld. I wanted to argue with Mr. Miller separately and Mr. Veeder s~parately, because Mr. Miller would clearly corne within a factual situation, because the law is very definite. Section 267. In that case, 9 ~9, "a variance would be denied a property owner who acquires his property knowing that the zoning ordinance prohibits the use for which the variances is sought~ Mr. Miller waited almost a year and a half to purchase, and ón his deed it says subject to law and easements of record. And, I assume he's represented by an attorney; if he didn't have actual notice, you gentlement know, that constructive notice is there, and Mr. Veeder certainly knew this." (Mr. Cipolla then questions Mr. Leavitt) Mr. Cipolla, "I am aware of your credentials as a Real Estate Appraisor and so forth, and I've known of you for a long time, and I'd like to ask you a few questions. How many lots have you sold on this development"? Mr. Leavitt, "I've said before I've sold a finished house on that area." Mr. Cipolla, "You've sold just one house?" Mr. Leavitt, "Yes". Mr.- Cipolla, "Did you sell any lots?" Mr. Leavitt, "I never sold a lot." Mr. Cipolla, "Have you sold many lots in and around Shore- Colony Assembly Point?" Mr. Leavitt, "Yes". Mr. Cipolla, "What would you say is a fair price of a lot in Assembly Point, per foot?" Mr. Leavitt, "Of course, it's all according to where the lot is, I'd say the value is at $2,000 a lot." Mr. Cipolla, "So, that if Mr. Veeder had 4 lots at 75 feet, what would be $8,000, right?" Mr. Leavitt, "That's correct." Mr. Cipolla, "So, if he split up those lots into 3 he'd have to get approximately $2,750, right?" Mr. Leavitt, "I don't think he'd get it." Mr. Cipolla, "You based your total value on a $2,000 lot, did you not?" Mr. Leavitt, "As it's laid out." Mr. Cipolla, "So, if there are 4 lots at $2,000, it would be $8,000. Now, you say it's not worth that much a lot, yet you us that the whole works is worth $88,000. Now, let's get back to my question. The, if he sold the 3 lots at $2,750 he'd still get the same money would he not? 10 g-o. Mrs. James Fraser John & Dorothy Black Mrs. Leon B. Streeter Mr. & Mrs. Bonaquent Dr. & Mrs. Berwyn Mattison Mr. & Mrs. Ottmanp Mr. & Mrs. Robert W. Adamson Arthur & Florence Turnball Henry & Lila Desormean Mr. & Mrs. Carlton Garrand Mr. & Mrs. Harold Buse Dr. & Mrs. Young Wm & Emily Sherman Mr. & Mrs. Joseph Shay Ward & Catherine McMullen Joseph & Frances Schmidinger Vincent & Dorothea Mahoney Mr. & Mrs. Irving Bush Another Petition was submitted in opposition as follows, "To the Zoning Board of Appeals, Town of Queensbury: As Assembly Point residential property owners we petition the Zoning Board of Appeals to deny a blanket Variance to Harold S. Veeder, of Lake Goerge, "for selling all lots in SHORE COLONY which require a Variance due to the fact that they do not domply with the 10,000 sq. ft. area requirement". We oppose this application for the following (and other) reasons: 1- - 2. 3. 4. 5. The applicant has offered these lots, specially priced for quick sale, as an opportunity to build camps for sale or a rental colony. The construction of camps (potentially 47) on non~conforming (7,500 sq. ft.) lots would start an undesireable trend in residential development at Assembly Point. Most of the existing residential property at Assembly Point is high grade and very valuable. Many of the homes are constructed and used as year-round dwellings. This is a trend. Wide scale residential development 6f the remaining vacant area of Shore Colony on non-conforming lots would injure all of the owners of residential property at Assembly Point because seasonal overcrowding and generally depreciated property values would follow. 6. We sympathize with the applicant, but believe he can replan the lot sizes of most of his unsold developed area to make them conform; and then sell them profitably. That way no one will be injured. 7. With the exception of a few unsold 7.500 sq. ft. lots that are blocked on both sides, we do not believe separate lot Variances would be justified on the basisfof "hardship". We do believe that granting of a blanket Variance to the applicant would be precedent making and would seriously weaken the Queensbury Zoning Ordinance. This, as supporters and beneficiaries of the ordinance, we would regret." Dr. Edward Blsey George O. Boivin Mrs. George O. Boiwin Mr. & Mrs. George Brown Mr. Marsolais Mrs. George Wertime 14 g' I. a copy of the letter to this meeting, because it applies as well to Mr. Veeder's application as well as Mr. Miller's. Because the applications are similar, I suggest that all records for Mr. Miller's application be submitted to this hearing with Mr. Veeder's. The variance of the Miller application and the Veeder application could bring about undesirable property devel- opment and decrease property va~ues at Assembly P01nt. Letter sUbmitted to record. Separate letters were sent out by Mr. Frank Adamo in the form of a A petition wålth approximately 150 signatures in"opposition to the granting of a blanket variance to Mr. Harold Veeder or a single variance to Mr. George Miller on the lots in the Shore Colony of Assembly Point which do not conform to the Rl Zoning Ordinance!! was submitted to the Board: (These :.;peöple are mernbe:œ of the Shore Colorty AssLn and/or Assembly Point Ass'n) George & Marilyn Wasserman Charles & Kathryn Christopher E.H.&Lena Harris Dr. & Mrs. William H. Schwab Walter & Anne Way John & Virginia Quinlan Mr. & Mrs. Edward J. Brown Mr. & Mrs. David Jones Dr. & Mrs. Robert H. Randles Mrs. Edward J. O'Hanlon William & Doris Hopper Charles H. Cavron Michael & Anna Cipollo George & Lydia Ernst Mr. & Mrs. E.F. Alexanderson Mrs. Jane Sheres Mr. & Mrs. J.G. Harris Ernest Wright Mr. & Mrs. Bonakcer Mrs. Jarry Eddy Young Mrs. Marcus J. Mead Sigmund & Martha R. Weiss Mrs. Ruth D. Fratus Mr. Philip R. Peck Lyle & Heleà Morton Guy & Edith Ham R.L. & Joyce Henry Paul & Marie Laursen Francis & Margaret Marsolais Mr. & Mrs. J.Milton Lang Walter & Clara Englert Mrs. Marcella Weed Mr. & Mrs. Charles M. Young Mr. Bert S. Harrington Dr. & Mrs. John Roach David & Bernice Stark Thos. & Laura Turncos John & Jean HeathI: Charles & Lillian Adamson Mr. & Mrs. Beals Dr. & Mrs. EŒward Elsey Kenneth & Claire Simpson Mr. & Mrs. E~A. Wilkins Mr. Vincent J. Parisi Mr. & Mrs. Joseph DeCamilla Raymond & Alice Aubin Robert & Margaret Delehanty Robert & Mrs Walden Mr & Mrs. Francis W. McGinley Raymond & Anna Komp Robert & Jennie Bulman Henry & Lois Merrill Mrs. Cordelia Smith Mr. & Mrs. Van Valkenburgh Mr. & Mrs. A.J. Milinaro Ðr. & Mrs. Daniel O'Keefe Mr. & Mrs. Michael J. Smith Mr. & Mrs. Collins Clayton & Henrietta Vedder Mr. & Mrs. Emil Steiner Mr. & Mrs. Malcoln Oanner Stanley & Margaret Finik Frank & Jame Piltman Mr. & Mrs. Clark Clyde 5 Clarissa Stewart Robert & Mary Hodgkins Benjamin & Mabel Qudekerk Mr. & Mrs. James Walsh Emil & Irma Bialous Jacob & Trudi Koch Mr. & Mrs. D. Mac Elroy John & Mabel Cary Mr. & Mrs. J.S. Parks Mr. & Mrs. George MacDonald Mr. Collins Mrs. Richard Fielding Mr. & Mrs. John Wallace Dr. & Mrs. Donald Guyer Mrs. Elizabeth M. Klèin Paul & Alice Hirni ~3 8'1. Mr. Leavitt, IIIf you sold them as one lump sum, it would be a totally different pricture than as he's sold them. II Mr. Cipolla, IIIf Mr. Veeder sells these lots at $42,000 would he have an economic loss?" Mr. Leavitt, "Not if he sells ih one lump sum. ~-1r. Cipolla, "And, if he holds it at $2,000 a lot he would not lose because he has a prospective future profit." In opposition, Mr. Frank Adama, 19 Gramercy Avenue, Yonkers, former President of Shore Colony Association, and now President of Assembly Point Association. "I was about the fourth or fifth one to buy in the Colony. At that time, the lots varied and the maps had been drawn up and the prices of each lot appeared on the map, and there wasn't anything there higher than $5,000. These 46 remaining lots that Mr. Veeder has on the map and which has been talked about at $88,000, we had the opportunity to buy them at $26,000 because we intended to keep the land as it exists now. In fact, within the last month I had a telephone call from a lawyer who is handling this,and who is a member of the Shore Colony,and who has asked me if I would contribute and buy some of the stock which they are trying to create to buy the remaining lots to veto future building. This is how interested the people of the Shore Colony and Assembly Point are that these quick camps and overnight camps that they're building, want to be done away with. We intended to buy this land, at the fixed price of $26,000. Now, Mr. Leavitt said he had been in the Colony within the last two weeks. And, Mr. Cipolla asked him if he had seen anyone digging on this land. Now, on Sunset Lane, which is the street that I live on, a fellow who lives there all year round, is now drilling water there. Mr. Hopper, who has another home there, has had water put in all year round. The water system is inadequate, the people want to stay there during the winter months, they want to come up during the winter. So, the people are now beginning to install their own water. Judge said there were layouts for septic tanks. I don't know where the lay- outs were and I built four houses in the Shore-Colony. He also says that the lots are all crowded. I disagree with that. Mr. Veeder has also been threatening us with trailer camps and different camps to sell his property which we are opposed to, and here are 150 signatures which I received this week who want the Zoning ordinance upheld. We don't want the place overcrowded, we don't want these camps." In opposition, Mr. Lyle W. Morton, year round resident at Assembly Point. "To oppose the granting of a blanket variance to Harold Veeder for selling all lots in Shore Colony which require a variance due to the fact they do not comply with the 10,000 square foot requirement. Mr. Veeder's application is clmsely related to the application of Mr. George Miller, which was considered by the Board on October 16th. I introduced a letter to Mr. Fitzgerald, which became part of the record on October 16th. I wish to submit 12 g- 3. Mr. Leavitt, "Close to it." Mr. Cipolla, "Would you say Mr. Veeder is a competent real estate man and knows the value of property on or about the lake?" Mr. Leavitt, "I believe he does." Mr. Cipolla, "Now, if I showed you an advertisement put out by Mr. Veeder whereby he wishes to sell all of them for $42,000 what would you say to that?" Mr. Leavitt, "I'd say, on the basis of his $2,000 éale as he's going, it would probably reflect that." Mr. Cipolla, "Mr. Veeder is satisfied with a sale of $42,000, you wouldn't criticize it?" Mr. Leavitt, "Only on a basis of a complete sale." Mr. Cipolla, "So that if he compared a price for each lot than at $42,000 each lot would not be worth $2,000?" Mr. Leavitt, "I'm implying a one lump sum sale." Mr. Cipolla, "Now, did you ever see anyone digging wells there or anything?" Mr. Leavitt, "No Sir" Mr. Cipolla, "So that your only knowledge of the comparative values of Shore Colony is the fact that you sold one lot? (Correction, one house)" Mr. Leavitt, "Yes, Mr. Veeder had his own sales. Mr. Cipolla, "So evidently your appraisal and Mr. Veeder's are different?" Mr. Leavitt, "No, we're reflecting the value of these lots ~s they were sold at an average figure of $2,000. When you lump sum the whole thing that's a different story." Mr. Cipolla, "Well, how would you justify Mr. Veeder's willing- ness to take $42,000 as a fair and accurate value?" Mr. Leavitt, "If you took $88,000 as the value of those lots, over the time that it takes you to sell them, over the time that you have accumulated taxes on the unsold lots, and take the present worth of a dollar and reflect it, you'd probably come out with $47,000 value as of today. Mr. Cipolla, "So, the economic factor would certainly not bother Mr. Veeder, would it?" 11 Mrs. Margaret Marsolais Mr s. Anna Kemp Raymond J.. Komp Edith Ham Guy Ham Mr. & Mrs. Delehanty Jessie Weinman Philip Weinman Mr. & Mrs. Brayton Dr. & Marjorie Young Robert Randers Robert Van Dyke Louise Van Dyke John Goetz Mildred Goetz James W. Wahar George ERnst Henrietta Wagar R. Lund Edward Wilkins Eunice Wilkins Lydia ERnst Raymond Murray Betty Murray MaryAnn Bruining John Bruining Irene Ortman Anne Ortmann Rosamond Young Charles & Julia Jerling Frank Adamo Clayton Vedder Henrietta Vedder H. Woodruff Florence K. Woodruff Lysle Morton Helen M. Morton Lois Merrill Henry Merrill Alicia Roadh John Roach Elizabeth M. Kelin Berwihn Mattison, M.D. Ann B. Mattison Kenneth Simpson Claire Simpson Kathryn O'Keefe Daneil Q'Keeffe Anna S. Cipollo Michael A. Cipollo Ruth D. Fratus Joseph Schmidinger Frances Schmidinger Anson Collins Harriet Collins Isabella Lee Elsey Laura Turner 15 $'4, Mr. & Mrs. Beals Mrs. Wm.. Smith Trudi Koch Jacob Koch Clifton Barker M. Louise Barker Edith A. Nordlauder Charles M. Young Robert J. Bulman Jennie C. Bulman Beatrice E. Weber ~6, A letter submitted to the record by Mrs. John J. Black, Lake George, New YOrk in opposition to the application for a variance. She thinks the granting of the variance would be in contrary to the objectives of the Lake George Assoc. in preserving the purity of the Lake water, and would devalue the property of the residents of Assembly Point. Alletter submitted to the record by Francis W. McGinley, Glens Falls, New York, stating he would be unable to attend the public hearing for this application. We states his opposition to the application in this letter, and thinks the granting of the variance would make the area even more congested that it might already be. He also feels there are not signs of hardship on the applicant's side. Letters from others in opposition to the granting of the variance to Harold Veeder and who are unable to attend the public hearing are: George R. Wasse~~an, Mrs. Leon B. Streeter, Robert C. Hodgkins. Letters in opposition to the granting of a variance ~o George Miller: Charles Adamson, unable to attend the public hearing, and sees no hardship in this case. George & Lydia Ernst, against any movement to "downgrade" this colorful community. Clayton Vedder, the granting of the variance will lower the value of the property on Assembly Point. (For this same reason le~ters were written by: Lyle W. Morton'., .Walter Englert)1 Munroe Grldley, Mr. & Mrs. Bertram Harris, Bert. Harrington, Mrs. Jonh Faunce Roach, Other letters from people who are opposed to the variation of the zoning ordinanee who feel these laws must be enforced are: Dorothy Black, Gertrude Young, M. Canner, Robert L. Walden, Mr. & Mrs. E.F.W. Alexanderson, C.W. Christopher, F.L. Marsolais, Edward Brown. 16 tb. Application for variance ~66 by Cummings & Company to instaLl and maintain signs in accordance with the attached drawings. (4 signs in all) Mr. KelLer, "For the record, these were the same drawings that were suomitted prèviously. Mr. Albert Myers, Devon, Massachusetts, Vice President at Cummings & Company, representing Zayre Corporation. "The Zayre corporat1on, as everyone in Glens Falls knows right now, is a chain of 125 self-service department stores. I've got some photographs I'd like to submit to the Board. The Company tries to maintain a nat10naL image. The store in Glens Falls employs approximately 300 people. It has a local advertising budget of about $125,000 that is used. On that property, they did a very delightful building job, and we thought we did a very neat sign installation. We appeared before this board the 1st of January for a variance put out by us allowing us to put up 12 foot letters on the roof of the building, a special double faced ground sign, which was made for this door only because the board requested that we drop the word "fabulous" which is a trademark; we put up under canopy sign, and 4 traffic signs to indicate the interim exists of the driveways. We found out after a short while, I presume it was in May, that there was some change of events; the permits involved were~evoked and we were living under a fine situation where the Zayre Corporation was being fined per week for signs that were illegally installed. I've come back today to ask you to please reconsider and to give us a variance to allow us to keep the signs that we now have. I have three reasons for this. My first reason being that the Planning Board approved and set up what we could use for a store sometime prior to September 1967, which was before the new sign ordinance. We had our plans at that time to go ahead with the store, and we made up, redesigned, or done several other things that we could n-bt> have had proper signing. Number 2, because of the variance we received, in January, we now have a hardship because the ground sign is a non-conforming sign, and the cost of $10,000 it would be again a hardship to just remove it and dispose of the same. Number 3, we know that this7tore is in an area that depends greatly on summer trade. The Zayre store is setback actually high and behind a hill, and if you drive down Route 9 by the store, you can barely see the top of it, you can see part of the letters, but it's way bake. We feel that the ground sign is of utmost importance to us to get the spontaneous business that we do look forward to in the summer, and, of course, in that way keep our store thriving and keep our employees busy and employed." Mr. Fitzgerald, "Do you have anybody else appearing on behalf of Mr. Myers? Mr. Myers, "I do not,Sir." 17 g7, Mr. Fitzgerald, "Is there anybody appearing in objection to the application?" Mr. William Richardson, 16 Greenway Drive. "First off, this gentleman who is representing Cummings, and I guess also Zayres, indicated these signs that are up are typical of some 120 some odd stores, and to add to this, that it is pleasing to the country, there is an article that was written in the New York Times of March 10, 1968, and I just wanted to quote for the record concerning this pleasing advertising; this does not have to do with Zayre, but it does have to do with the Holiday Inn, and their sign which also is quite large,and says "How They Ensign Coast to Coast Atrocity". It says, "this visual monstorcity poisons the environment wherever it is, and it is everywhere because the Holiday Inn Corporation insists on it as identification allover the country." That's just to answer his argument that this is in all his stores and is a necessity. Also, since wer an up and coming community, there is a bulletin that was sent t061ery town in New York State. It's from the Natural Beauty Commission, and there was an article even in our local paper where the Governor Rockefeller adopted this and is a sample provision for a local law to regulate signs. And, In Section 5 of ~eneral Regulations Sub-C, they speci- fically state "no signs shall be placed on the roof of any building." Now, these are just guide lines. What I'm trying to say, is the trend of the country. Zayre came to this town and put up a building and in my conversation with our previous supervisor, Mr. Webster, he indicated to me prior to construction, that Zayre was going to leave up a border of trees. Zayre removed all trees. We, a few months ago, had a rezoning hearing, which Zayre agreed to certain things they were going to do. During this meeting, one of the residents complained about the trash coming over and one of the requirements was a fence was going to be put up and I believe the gentleman's name was Mr. Rubin, and he said that this fence was going to be put up immediately. This had not been done. In other words, Zayr'es intent has been all Zayre and nothing for th~s community. I don't know if they're going to put up the fence or not, I have no idea." Mr. Fitzgerald, "Is this from another case?" Mr. Richardson, "No, the Planning Board when they planned the original planning, that property was, I even believe half of the Zayre store was residential, R-4 district, now the apartments are in the back, they want this to be R-5, and they also want the residen- tial to change to commercial. The only other question I do have for the board, is for Mr. Katz, who I see has left. (Poses question directly to tape recording). I understand that this is going to our town, according to Mr. Solomon at a public meeting indicated to me that Mr. Katz was prosecuting this or going out and getting an injunction for the removal of the sign on the 22nd of November, it seems that we have a conflict here whether this is being done, or being withheld? The Other question I have: On what grounds are we rehearing this application again?" 18 9:1. Mr. Fitzgerald, "This is no rehearing, anyone can continue to make applications indefinitely, and if they are refused they can submit again with additional evidence. The original application was approved, it was upset by Court in termination so that it ceased to existi, so that they are non-conforming so that they are again in a position to make an application, which is the subject of the present proceedings." Mr. Richardson, "Now, this gentleman pointed out that he was going to have a hardship for the loss of the amount of money put into these signs. My knowledge is,prior to the installation the actual physical installation of these signs, Zayre was giving notice that this decision was being appealed in a court but- they went right ahead and put up these signs. I am not sure, but Cununings must also have something to do with the Saveway signs." Mr. Myers, "I might say, there are a couple of things that Zayre might not be responsible for. I'm sure that Zayre does not own the shopping center, Zayre is a ·ëenant. And, I will look into this fence situation and if it was promised by Zayre, then it will be instàlled." Mr. Richardson, "I will quote for the record, the decision of Justice William Harvey, "the granting of a variance by the Board of Appeals under the Zoning Ordinance of the Town of Queensbury, is governed by Section 10.202, from a careful reading of the ordin- ance and all papers submitted, is impossible for the Court to under- stand why the variance was allowed in this particular case." " Mr. Fitzgerald, "May I recall your attention Mr. Richardson. Our legal record did not contain sufficient evidence that was taken at the hearing, and at the present hearing we are taking all testi- mony in order that this error be corrected. This is the main point that Judge Harvey made in overruling. He made no statements as to merits other than the fact there were no grounds upon which we could show in the record upon which we could judge a variance." Mr. Richardson, IIHe is also saying, that he carefully reviewed an entire section, and based on reviewing the entire section, and also of the things that were submitted, he's taking the two things into consideration." Mr. Fitzgerald, IIWelll consider Justice Harvey's decision as part of the record. These are legal questions he intended for the Town Attorney. II Mr. Richardson, "I do hope that you will deny this ppplication for the simple point of view, I would like to see this town grow in a nice way. And, I don '. t think signs are the answer, not large signs. I think if you take a ride up Route 9 it's not a very pleasing site, and I think we have some ground work in which to build, but I don't thing we should go from a junkie thing to a greater junkie thing. We have a set of rules and regulations that we can make something good out of this community, and I hope you people,in your decision,will take all of this into consideration." 19 ~i. Mr. Keller, "I have a letter here signed by Mrs. William Richardon in opposition to this variance." * Present in opposition and presenting a letter was Mrs. J.P. Stecher, 18 Carlton Drive~* Another letter was presented in oppos~ion from Colin and Mary Gray~** Mr. Kurosaka, "I see here so far no mention as to the modifi- cations that we requested on the sign before they erected it." Mr. Keller, "We reduced the size of the sign of the I1restanding sign, and removed the lettering "fabulous". Mr. Kurosaka, "And, the signs that were going under it. Plus we removed two of the occupancy signs." The result of the decision of the Planning Board has not been presented as yet. * Mrs. Richardon states in here letter of opposition that she does not object to the signs themselves, but, she does object to the precedent that will be set if they are ãllowed. Alae, she thinks that the signs contribute nothing to the visual attractiveness of the community. ** Mr. Stecher opposes the granting of a variance not because she opposes the signs erected by Zayre, but the continuing granting of variances that can lead to a sign jungle in the communíty. She does not agree that these huge signs harmonize with other signs already erected. *** Colin and Mary Gray state in their letter of opposition that they "deplore the continuation of the haphaaard and unattractive growth which pre-dated our Zoning Ordinance." 20 10. Application for a Variance #65 by Prince Floors, Quaker Road, to erect a sign one foot from the right-of-way. Mr. Prince, Owner of Prince Floors, was present in his own behalf, and Mr. H.K. Hoffman, Signs of Progress, Glens Falls, was also present in favor of the application. The existing sign is 4 feet by 3 feet, and is located on the right-of-way at the present time. Mr. Prince says he cannot move the sign back any further because it would be too close to the building. At the time of installation of this original sign, Mr. Prince was no~ in a position to buy a larger and more expensive sign, but he says that he can now afford one. There was some discussion between the board and the applicant as to the clarity of the plot plan~ and after further discussion, upon.motion duly made, seconded and carried unanimously, it was RESOLVED that ~n view of the practtcal difficulty due to the great distance between the edge of the Quaker Road pavement and the Right-of-Way, and because the proposal is in general harmony with the established uses in the area, be it ORDERED that Application for Variance #65 by Prince Floors be approved as requested upon receipt by the Zoning Board of an approved Plot Plan. Aþplication for a Variance #68 by Stephen Lapham for the remodelling øf a barn to be used as a book store, located on Glenwood Ave. Mr. Lapham, present in his own behalf, explained that he would remodel the structure and,at the same time,keep the rustic motif. Because the structure is now resting on a concrete slab, he would be unable to change the location. The parking area would be located on the west side of the property. Mr. Lapham also mentioned that the exterior of the structure would be repaintted and he would replace the windows. Appearing in opposition to this application was Dr R.G. 21 9/. ~JJ fJ :.." GriswaM( stating this was already a busy residential area, and the store would bring more traffic to the area. He said it would add nothing to the improvement of the area. He also.denies that this would be a hardship. Dr. Robert Wescott was also present in oppostiøn declaring his view that this was an awkward location for a business. After discussion, upon motion duly made, seconded and carried unanimously, it was resolved that the board withhold a decision pending the opinion of the town attorney on whether or not a variance is necessary. Applicat~mn for a Variance #'~y Agnes Rosell & Elizabeth La pointe to proceed with plans dating back to 1954 when the building was first being constructed, to construct a motel over a store and shop block on Main Street, West Glens Falls. The zoning ordinance was adopted after completion of the first floor. No one present in oppositon to the variance. After discussion, upon motion duly made, seconded and carried unanimously, it was RESOLVED that since the proposal is in general harmony with the established uses in the area, be it ORDERED that Application £or Variance #67 by Agnes Rosell and Elizabeth LaPointe be approved as applied for. There being no other business to come before the meeting, upon motion duly made, seconded, and carried unanimously( the meeting was adjourned. J o.Yne6 W. Je-lIeí Secretary 22