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1969-08-20 I &;; D. - MINUTES of the public hearing of the Town of Queensbury Zoning Board of Appeals held at the Town Office Building on August 20, 1969 at 8:00 p.m. Those present were: John Fitzgerald James Keller Charles Sicard Allison Ellsworth On motion made by Mr.Sicard and seconded by Mr. Ellsworth, the minutes were approved as read. Mr. Fitzgerald, chairman, read the proof of publication for application for variance #120 of QUEENSBURY PLAZA SHOPPING CENTER for erecting a retail store closer to the highway R.O.W. than 50' on the property situated at the corner of Quaker Road and Aviation Road, Town of Queensbury and for relocating the liquor store (24 x 45'). Appearing on behalf of the application was Mr. Angelo Abbenante of Glens Falls who submitted a sketch which had been presented to the Planning Board and which they approved. The sketch shows one continuous building because there is a wall connecting the two presenting an appearance of one building. The Board studied the plot plan and Mr. Keller questioned elevations facing the intersection. Mr. Sicard questioned the Beautification Committee's awareness of the plan and Mr. Abbenante replied, "Yes," further advising the Board that the first plan had been objected to by the Beautification Committee but on submission of a second plan, they voted '- ¡fclc, approval. Further questioning by Mr. Sicard regarding landscaping revealed a plan presented by Mr. Abbenante. Mr. Russell O'Neil of Albany representing Kentucky Fried Chicken and Mr. Frank Collins, contractor, told the board that the Planning Board had drawn up the qualifications for the shubbery. Mr. Keller told his fellow Board members that there had been a letter from Mr. Fred Austin (which he, Mr. Keller, did not have with him,) recommending the specifications for the shubbery. Mr. Fitzgerald noted that the record should show that the Planning Board had made certain recommendations after consultation with the Beautification Committee for the particular buildings and these recommendations should be incorporated into the Zoning "--- Board recommendations. Mr. Fitzgerald then questioned the erection of signs. Mr. Keller advised that the Planning Board had stated "no non-conforming signs could be proposed for the sight." Mr. Fitzgerald stated for the record that the Planning Board's recommendation had been publically called to the attention of the applicants, saying, "We try to tell you in advance regarding sign regulations, so do not ask for a variance regarding non-conforming signs." Mr. Keller has a copy of the Planning Board report recommending approval as an addition to the Large Scale Development plan including shubbery facing the intersection and no non-conforming - Ilo'7, signs. There were no other questions. The Board: RESOLVED: Application for variance No. 120 by Queens- bury Plaza Inc. to erect buildings closer than 50 feet to R.O.W. be approved providing the building is con- structed of scored block, with adequate landscaping along the R.O.W. and a screen wall be provided between the two buildings being that it is a reasonable use of the property. The next item of business for which Mr. Fitzgerald read proof of publication was application for variance #121 by THELMA AND KURT KILMER, R. D. #1, MIDDLE GROVE, NEW YORK for placing and operating a portable sawmill on the property situated at west side of Bay Road south of Top-Of-The-World Road, Town of Queensbury. Appearing for his application, Mr. Kilmer answered Mr. Fitzgerald's questions about lumbering off this property by saying, "No, I do intend building a house. There would be nothing cut on the property. It would be used only for a commercial sawmill; nothing for my own use. It would be a 'side thing' - maybe Saturday afternoons. I have owned the property two years." Mr. Fitzgerald asked if all adjoining property owners had been notified and Mr. Kilmer replied affirmatively. Mr. Phillips advised that the Planning Board had approved the request. Mr. Gene Lucia of Bay Road raised an objection not to the mill itself, but questioned the disposal cr the refuse. Mr. Kilmer replied that there would not be that much involved further stating that he did not want slab wood in his yard. -- Others raising objections regarding refuse disposal, truck ) ~ <1, entrances, and noise were Mr. Dean Telle, Bay Road and Jay "--- Rutstein, an adjoining property owner to the west. Appearing for Mr. Kilmer were John Walker who lives directly across and Walter LaPann, neighbor, who stated for the record their lack of objections. The only other question was Mr. Ellsworth's wondering about the sawdust getting into the brook. The Board: RESOLVED: Application for variance No. 121 by Kurt Kilmer to operate a sawmill in an R-2 District on the Bay Road be approved as applied for a period ending September 1, 1971, at which time a new permit may be applied for. Mr. Fitzgerald's reading of proof of publication for application for variance #122 by GLENN H. WILSON, BRADT ROAD, '- REXFORD, NEW YORK FOR A PROPOSED SIX-FAMILY APARTMENT IN AN R-4 DISTRICT, 2i STORIES HIGH ON THE PROPERTY SITUATED AT ST. MARY'S BAY, GLEN LAKE, TOWN OF QUEENSBURY, brought forth strong opposition from the Glen Lake Association with Mr. Louis Carusone, attorney, as spokesman and also adjacent property owner. Mr. Carusone questioned cess pools and a sewage disposal plant saying, "This is an accessary ~, not a permitted use and you are getting into the realm of multiple dwelling and will be setting a most dangerous precedent on Glen Lake. Historically, with the exception of 4 or 5 or 6 non-conforming uses, Glen Lake is owned by single dwellers. We are concerned about the purity of the --... llo 9. '- water.....it is a one-family lake.....it will bring more boats and animals and is an opening wedge on one of the most beautiful lakes in the State of New York......It is going to hurt everybody on this lake by increasing the number of people who use the shoreline and the lake water....If this is granted, it will be to the detriment of everyone on the lake and for the benefit of one person.....It is not a hardship in this case and will set a dangerous precedent." Others in opposition were Mr. and Mrs. John Callahan; Mrs. Callahan stating that the "wash" from the boats is taking away the shoreline and "we" use the water for every- thing but drinking in the summer and "I" drink it in the winter - to which Mr. Wilson replied that the State requires 100 ft. away from any water supply. Mr. Callahan stated that "it is swamp and going down :3 feet, you will hit water. It is all filled land and it is and was swamp which was filled." Mr. Wilson stated that there would be approxi- mately 150 ft. from any well and the lake for drainage. Mr. Joseph McPhillips stated that he was completely opposed to any multiple dwelling. Mrs. Joseph McPhillips said, "I am very much against it, including tents and we do not want any more people on the lake. We are trying to clear up what is already there. It is an R4 District and we intend to keep it that way." Also wishing to go on the record as opposing were: -- J '10. Mrs. Edward Spaulding, Gail Fosbrook, Mrs. Claude Avery, William Miller Jr. and Charles Gilbert. It was also noted for the record that the Planning Board had turned down this application. Mr. Wilson advised that engineers can build a drainage field and "1 have enough water and drainage fields can be built and will not be built in a swamp. I have enough water and the Building Inspector can make a 4 hour test. There will be no pollution of the lake." Mr. Wilson submitted a newspaper clipping from the Schenectady Gazette which was read by Mr. Fitzgerald and is quoted for the record as follows: GLENVILLE BOARD WILL TAKE DECISION ON SOCHA REZ-ONING TO APPELATE COURT The Glenville Town Board has decided to formally appeal the Supreme Court's decision on the Walter J. Socha rezoning case. * * * During a special meeting Monday night, the board agreed to take the matter to the Appellate Division in hopes of obtaining a reversal. On April, the Supreme Court ruled that the town's zoning ordinance as it applies· to Socha's property (the former Van Buren farm) on Van Buren Road is "unconstitutional... since it undoubtedly restricts the use of the property and amounts practically to confiscation." After conferring with its specially appointed attorneys, the town felt there are definite grounds on which to base the appeal, Supervisor Gilbert E. Smith said yesterday. * * * Authorized to represent Glenville in the matter was the Schenectady law firm of Higgins, Roberts, Beyerl and Coan. Scotia attorney John L. Desmond represents Socha, who took the rezoning request to the Supreme Court after the town board initially refused to grant him a zoning change for the land, which he hopes to use for a garden apartment complex. The property is zoned single-family residential. -- I ~ /, Mr. Carusone stated, "I own 260 ft. and I am willing to be circumscribed at any time." Appearing on behalf of the application was Mrs. Donald Wilson, Mr. Wilson's mother, who told the assemblage that she thought Glen Lake a beautiful lake and should be kept that way. "He would restrict the rentings. He is a young man trying to get along and will observe all the rules." Mrs. Callahan stated that the taverns were there long before the Zoning Ordinance and "I still say when you dig, you will not get rid of water when you dig into water." Mr. Fitzgerald stated that if there were no other appearances, he would like to go on to the next item on the agenda. The Board: RESOLVED: Application for variance #122 by Glenn H. Wilson to erect an apartment in an R-4 District be disapproved being that no grounds for granting a variance have been shown. After Mr. Fitzgerald read proof of publication for application for a variance of DAVID D. RAYNO, 19 BOULEVARD, GLENS FALLS FOR ERECTING A FREE STANDING SIGN IN A C-l DISTRICT - 25' FROM R.O.W. ON THE PROPERTY SITUATED AT SOUTHWEST CORNER OF BOULEVARD AND QUAKER ROAD, GLENS FALLS, TOWN OF QUEENSBURY, the Board discovered there was no cause £or action since Mr. Rayno was in accordance with the law. The Board, therefore: RESOLVED: application for variance No. 123 by David Rayno to erect a 4' x 8' sign 25' from the R.O.W. at the intersection of Quaker Road and Boulevard - no variance required. -- 172, Final current business of the Board was application #124 for a variance applied for by JUDGE SIGN CORP. 695 BROADWAY, ALBANY, NEW YORK FOR ERECTING A SIGN IN EXCESS OF THE SIGN ORDINANCE REQUIREMENTS ON THE PROPERTY SITUATED AT THE FORMER SAVINGS AND LOAN OFFICE IN THE NORTHWAY SHOPPING PLAZA, TOWN OF QUEENSBURY FOR THE STATE BANK OF ALBANY. Appearing for the application was David Kollar of Judge Sign Corp. who advised that the sign would have constant illumination - with no flashers. There was no one in opposition. The Board: RESOLVED: Application for variance No. 124 by Judge Sign Corp. on behalf of State Bank of Albany to erect an oversized sign on the Northway Plaza be approved as applied for provided the sign only be illuminated during business hours. After an executive session at which time the Board considered old business along with new business, the following resolutions were made: RESOLVED: Application for variance #114 by Merwyn Pasco to erect a sign closer than 50' to the R.O.W. on Bay Road be disapproved in that no grounds for granting a variance have been shown. RESOLVED: Application for Special Permit #12 by Atlantic Richfield Co. to construct a service station at the intersection of Quaker Road and Ridge Road in an M-l zone be approved providing approval of the Town Beauti- fication Committee is obtained on the final construction plans and landscaping. RESOLVED: Application for Special Permit #11 by Paul Lukaris to erect an outdoor amusement in a C-3 Zone on Route 9 be disapproved being that grounds for granting a special permit have not been met. -- The meeting, on motion by Mr. Keller, seconded by Mr. Sicard, was adjourned at 10:30.