1981-04-15
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MINUTES
QUEENSBURY ZONING BOARD OF APPEALS
APRIL 15, 1981 - 7:30 P.M.
PRESENT:
Kirkham Cornwell, Chairman
Theodore Turner, Secretary
R. Case Prime
Charles Sicard
Sjoerdje Richardson
Susan Goetz
Daniel Griffin
Stephen Lynn
League of Women Voters
Motion to approve minutes of March 18, 1981 made by Mr. Sicard,
seconded by Mr. Griffin. Motion carried unanimously.
STAFF:
VARIANCE NO. 701 - JERRY BROWN - to establish industrial equip-
ment sales, service and storage in M-l Zone on the property
situated at Big Boom Road south of Northway rest area.
Mr. Jerry Brown present on this variance. Mr. Brown presented
map and plans for his proposal.
The following appeared in opposition to variance request.
Mr. Demars - Big Boom Road (North of subdivision)
Ken Kessant - Big Boom Road (Base of hill west side of road)
Michael Jarvis - Big Boom Road (House nearest proposed site)
Max Shank - Big Boom Road
No one appeared in favor of the plan.
Motion by Mr. Prime to deny this variance on the grounds hardship
has not been shown, seconded by Mrs. Richardson. Motion carried
unanimously.
RESOLVED: The Board denied this use variance
on grounds that hardship cannot be shown as lot
can be used per M-l Zone.
VARIANCE NO. 704 - PATRICK AND BETTY SPADARO - to construct a
two-car garage with 15 ft. setback in lieu of the required 30 ft.
setback on property situated at Elm Road off Glen Lake Road.
Mr. Patrick Spadaro present.
Discussion focused on who actually owns Elm Road. No one is sure,
the Highway Department maintains the Town owns the road by use.
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Page Two
April l5, 1981
Motion by Mr. Cornwell to table discussion until it is established
who owns property. Seconded by Mr. Sicard. Motion carried unani-
mously.
Mr. Dougher present for this special permit.
Mrs. Margaret Mecuri, a neighbor of Mr. Turnbull's questioned hours
and days in which proposed shop would be open. Mr. Dougher assured
Mrs. Mercuri that it would be daylight hours only with a six (6)
day week. Mrs. Mercuri had no objection.
Motion by Mr. Griffin to approve, seconded by Mr. Sicard. Motion
carried unanimously.
RESOLVED: The Board granted this Special Use Permit.
THE BOARD FINDS:
1. The use of one specifically enumerated
in the district.
2. Such use will not be predjudicial to
the character of the area.
3. The Board determines that there is
appropriate provision for access facilities adequate
for the estimated traffic from public streets and/or
highways and that there are pedestrian walkways so as
to insure public safety and to avoid traffic congestion.
4. Permit is non-transferable. Special
Permit No. 97 approved as it meets all criteria per
schedule.
VARIANCE NO. 705 - SUNSOVAL, INC. - JOHN A. MASON - to construct
docks as an accessory use on a residential lot without a principle
use in R-l Zone on the property situated on Lake George, Pilot Knob.
Mr. John Mason present on this variance. Mr. N~son listed chrono-
logically events which occurred since the last Zoning Board meeting
which included his futile attempts to have a septic system installed
on the property.
Letter read from Stephen Lynn, Building Inspector to Bill Glass, Lake
George Park Commission, stating his findings and asking Mr. Glass for
his opinion. (Findings: PROPERTY NOT SUITABLE FOR SEWAGE DISPOSAL.)
Letter read from Bill Glass in answer to Stephen Lynn, stating he
concurred with Mr. Lynn, after his inspection of Mason property.
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Page Three
April l5, 1981
Letter read from Planning Board approving proposed plan.
Letter read from Hildegarde Mann in favor of proposal.
Letter read from N.Y.S. Dept. of Health Engineer, Brian Fear,
stating the Department would not approve holding tanks for a
year round residence. Also, standards would not allow the con-
struction of a fill or trans-vap system on a site which consisted
of rock outcroppings.....
Remainder of correspondence on file.
The following appeared in favor of proposal:
Dick Mead - one mile from proposed site
Scott Frasier, 1% miles from proposed site, corner Cleverdale Road
Dean Howland, point of Warner Bay
Jess Reddig, l~ miles down Pilot Knob Road
Ginny VanAmburg
Ted Smith, Algonquin Restaurant
The following appeared in opposition to the variance:
Mr. Bill Howenstein - lives across bay from proposed development.
Mr. Howenstein: First of all, I'm a little concerned about this
hardship and the septic system. You said when you first were check-
ing out this property you went to see Steve?
Mr. Mason: No, I went to George Liapes.
George Liapes, about the septic system?
Mr. H. :
Mr. M. :
Mr. H. :
Mr. M. :
Mr. H. :
Mr. M. :
Mr. H. :
Mr. M. :
year.
No.
Who did you see about the septic system?
I didn't see anyone about the septic system.
When did you find out it would be a hardship?
When did I find out that I could not put a septic system on it?
Righ t .
March - When did I call you? The beginning of March of this
Mr. H.: Is this normal procedure, to see the Queensbury Building
Inspector or do you normally go to Lake George?
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April 15, 1981
Mr. M.: No, I normally contact both, there's a gray area in the
law, but I normally contact both Steve Lynn, the Town Building
Inspector and Mr. William Glass, who is the Lake George Park Com-
mission Inspector.
Mr. H. : What is the depth of this lot, from the lake to the road?
Mr. M. : 190' give or take, on one side, 165' .. .
Mr. Cornwell: What are you getting at?
Mr. H.: What I'm getting at is this. A friend of mine is also on
Warner Bay and he called Bill Glass about a month and a half ago
and he wanted to see about putting in a septic system. Bill said
it's too wet and it's not the right time of year to do a perk test.
Did you do a perk test on this?
Mr. M.: You can't do a perk test on bedrock.
Mr. H.: It isn't all bedrock. I'm familiar with that property also,
and I've driven by it many times and it isn't all bedrock.
Mr. M.: The location of the drain field would be bedrock. The
location of the septic tanks would be away from bedrock. Perk tests
are done in a location of the leach fields. That is bedrock. You
cannot do a perk test on bedrock.
Mr. H.: What I'm saying is; that leach field can be located on
that property well away from 100 ft. from the lakefront and not be
over bedrock.
Mr. M.: I'm sorry, but all I can do is defer to the experts. I
have brought forth everyone I can. I don't know what your qualifi-
cations are for putting in septic systems, but I can assure you I
wish I had known of you a month ago.
Mr. H.: Well, without quite alot of extensive work, and I don't
mean Steve and Bill Glass who have worked very closely with John
Mason in the past, on many jobs. Without some extensive work I
don't see how they can just write it off and say it can't be done...
because there are things that are done every day that maybe aren't
quite up to standard but are done.
Mr. M.: First of all, I object to that implication, I want you to
know that right now.
Discussion among Board members pertaining to map.
Mr. H.: I understand that water fflowsaround the corner but I still
feel that that's a residential lot and I still feel a septic system
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April 15, 1981
could be put on it and I think that if a little... .if somesone got
out and really checked they would find out that this could be so
and it isn't just a piece of property that is no value - and I
think that is the crux of this whole situation, is saying it's
worthless land and I don't believe it is worthless land.
Mr. M.: Could I have my realtor speak to that - as to what the value
of the land is after this determination by the Board of Health and
by the Town of Queensbury.
Mr. C.: Well, let's get on with this.. .realtor isn't.. .hasn't made
any perk tests...
Mr. M.: You can't make a perk test in bedrock.
Mr. C.: We don't know the exact dimensions of the bedrock, perhaps
at the present.
Mr. H.: What is the depth of the bedrock, Steve?
Mr. L.: Probably around 2 ft. or 3 ft.
Mr. H.: 2, or 3 ft. for bedrock? Do you know what the minimum
standard is?
Mr. L.: 4 feet
Mr. H.: The minimum standard for a leach field, undisturbed?
Mr. L.: 4 feet
Mr. H.: You're trying to tell me that this land couldn't be, a few
feet of fill put in?
Mr. L.: The State Health Dept. doesn't allow it for new dwellings.
Mr. H.: The State Health Dept. doesn't allow it? Now, this isn't
cricket. There's alot of beating around the bush here.
Mr. L.: Bill, do you want to see the Blue Book? I'll show it to
you, I have it in my office.
Mr. H.: I put a septic system in that was designed by Bill Glass -
2 years ago, right on Warner Bay.
Mr. M.: Well then you're the one who has the influence with him.
I'm no t I
Mr. H.: I never worked with the man before and I asked him how it
should be done.
Mr. M.: Well that might give you an indication to the fact that
we do not buy people around here.
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April 15, 1981
Mr. H.: I didn't buy Bill Glass.
Mr. M.: I object to this whole line.. .No, I'm sorry...I object to
this, this man has made an implication that through my association
with Mr. Lynn and Mr. Glass, that I have carried undue influence
with them.
Mr. H.: That's right!
Mr. M.: I have had my motives questioned since day 1 here, I am
sick of it, I have been open, I've been fair, I've been honest with
this Board from day 1 and every other Board and I've finally had it.
Mr. H. : I don't think you're being honest right now.
Mr. C. : Have we told you you weren't honest?
Mr. M. : No, but someone else has I
Mr. C. : That's right.
Mr. H. : I think the septic system can be put on that property.
Mr. M.: Mr. Howenstein, I'll make the same comment to you that I
have to other people, "Your're a liar, you know where I am, sue me.
If you think that's slander. It's the same thing some people have
said to the National Enquirer. I'm sick of this ./1
Mr. C.: Mr. Howenstein has made the observation that he thinks....
in his opinion, based on.. . .
Mr. H.: I have done it myself on Warner Bay with the approval of
Bill Glass, who laid out my system for me and that's why I'm saying
this.
The following also spoke in opposition:
John Gerba, Home 800' up bay
John Nally, Lives across road. Stated he would buy property.
Don Harris, 175' north
Ruth Bredlaw, owns vacant lot Ridge and Pilot Knob, also owns lakefront
Mark McCollister, (represented KBA) also presented letter
Katie Boyd, due North of proposed site
Mr. Charles Didio, 200' from proposed site
Valerie Krebs, read letter from Don Krebs
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April 15, 1981
A motion was made by Mr. Prime to approve, seconded by Mr. Sicard.
Those in favor of motion, Griffin, Turner, Richardson, Sicard,
Prime. Opposed, Goetz, Cornwell.
RESOLVED: The Board granted this variance on the
grounds that unnecessary hardship has been shown
in that the lot cannot sustain a septic system for
residential purposes in its present condition, and
that the use is in harmony with the purpose and
intent of the ordinance by keeping the planning
concept and control of the lot and area. Conditions
imposed as follows:
1. Use limited to l4 lot subdivision as proposed.
2. No rental of slips.
3. Lot be used solely for access by subdivision
owners.
VARIANCE No. 706 - DONALD C. LATTERELL - to construct an attached
garage with 12 ft. 6 in. front setback in lieu of the required 30
ft. front setback on the property situated at West Mountain Road
and Morgan Drive.
Mr. Latterell present on this variance. Motion to approve this
Variance by Mr. Sicard, seconded by Mr. Turner. Motion carried
unanimously.
RESOLVED: The Board granted this area variance in
concurrence with the Queensbury and Warren County
Planning Boards and as it is a reasonable use of
the land.
Mr. Sicard entertained a motion to adjourn the meeting at ll:lO p.m.
Seconded by Mr. Griffin. Motion carried unanimously.
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