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1983-03-16 d.ðf Page 2 ~1élrch 16, 1983 Mr. Mooney said he had no plans to use it as a dwelling. If he used it it would be used as a workshop or something like that. - Chairman said this would be in the record. Letter from Harold Hubert was read, there was no objection. The public hearing was closed. The Town Planning Board recommended approval. Warren County Planning Board also recommended approval. Motion by Mr. Griffin that Variance 811 be approved, seconded by Mr. Sicard all voting approval RESOLVED that Variance 811 is hereby approved since this is a reasonable request. VARIANCE 812 - Miriam P. Brown, Lake Parkway, Assembly Point Mrs. Brown was present but represented by Robert Ruggles Mrs. Brown wishes to replace an existing seasonal dwelling at a 54' setback from the 1akeshore in liew of the required 75' setback. The new dwelling will be broader than the original building therefore increasing the non-conforming setback. Mr. Ruggles explained the plans to Boar'd members. He also mentioned that the septic system would be further back. Mrs. Brown was asked if she would be replacing the boathouse or dock and she answered that would remain the same. Chairman asked if the accessory buildings would remain. Mrs. Brown said no, there is one garage still standing that will come down after a few objects inside are taken care of. Chairman asked if there was anyone in the audience either for or against this request, there were none. Motion by Mrs. Goetz, seconded by Mr. Griffin, all voting affirmatively RESOLVED that Variance No. 812 is hereby approved as it is in line with other property in the area. V ART ANCE NO. 811 - Walter' W. Goodwin , Loudonville , NY - , Represented himself - Stated that he wanted to add to an existing dock which already extends more than 40 ft. offshore from the mean low water mark. Mr. Goodwin mentioned that he is seeking this because of shallow water in his area. This dock is and will be for his on personal and private use. ~¡j1 The regular monthly meeting of the Queensbury Zoning Board of Appeals was called to order by the Chairman, Mr. Cornwell, Mar'ch 16. 1983. Present: Absent: Mrs. Goetz, Mr. Griffin, Mr. Turner, Mr. Cornwell and Mr. Sicard Mrs. Richardson Chariman said the first item before the board this evening would be the approval of the minutes of the Meeting conducted Feburary 16, 1983. Motion by Mr. Sicard, seconded by Mr. Turner, all voting affirmatively RESOLVED: The minutes of the meeting conducted February 16, 1983 are hereby approved subject to corrections. VARIANCE NO. 811 - James and Susan Mooney, Cleverdale Road Mr. & Mrs. Mooney are looking to replace a single family dwelling with a larger single family dwelling, maintainirlg the present 5 ft. setback from Lake George. The chairman asked if the present outbuildings would stay and Mr. Carr said yes. Mr. Carr represented the Mooneys. Mr. Carr mentioned that Mr. Mooney wishes to build a year round house and that he had to apply for this variance because of a sundeck. He will be moving it back la' from where the present house is standing. Chairman noted that this house will have 18' clearance on the south side. Mrs. Goetz asked if Mr. Mooney rented, the answer - Yes. Mr. Carr then mentioned that when it is rebuilt, it will not be rented. There being no further questions from the Board, chairman opened the meeting to the public. Elizabeth Wetherby Ward asked how many feet from the property line to the proposed structure. Chairman answered about 38.3 feet to the new proposed building. Ms. Ward then asked if there were any plans to do anything with the frame dwellings to the rear. Mr. Mooney answered that at the present time there are no plans to use the building for anything other than a workshop. Chairman asked then if there were any plans to make it into a dwelling or just an accessory. Mr. Mooney said just an accessory building. You can't make a second dwelling there as he undersLood. "'-.",- Chairman said that years ago there was an apartment there and he was wondering if there would be any claim that it was still in existence. ;}.oLj Page 3 March 16, 1983 The main ar28 of concern was whether he would be using this for his own personal use and boat or for rent or other uses. He str'essed that he would be using this only for himself and his boat. There was no one present either for or against. The Town Planning Board recommended approval. Warren County Planning Board also recommended approval. Motion by Mr. Giffin, seconded by Mr. Sicard, all voting affirmatively RESOLVED that Variance No. 813 is hereby approved as it is a re~sonable request and that this will be for personal use only. VARIANCE NO. 814 - Roger Hewlett. Dix Avenue. Glens Falls. NY Mr. Hewlett represented himself. Mr. Hewlett said they are looking to build mini-storage buildings on the property north side of Dix Avenue. Chairman mentioned that this was in a heavy industrial zone, he then read the allowable uses for the area. Hewlett explained the units proposed. He said he did not know why the heavy industry was not interested in the land. The property was originally zoned light industrial until this year, June of 1982. Chairman asked if they wer'e planning to rect the buHdings near the pre~~f-nt complex. Mr. Hewlntt said it will be separate. There is area for six (6) buildings. Chairman asked if the buildings would be joined together. Mr. Hewlett said they will not be joined together. Mrs. Goetz asked if that part of the bUHiness would have a different name. Mr. Hewlett said yes. Mr. Turner asked if they , the Hewletts, have advertised the property as heavy industrial. Mr. Hewlett said no. Chairman then asked if he was aware of the requirements for a use variance. Mr. Hewlett said they were. Hew Hewlett mentioned the storeage spaces were 5 x 5, 5 x 10 and 10 x 10. Chairman said there should be proof of hardship, he so far didn't see any proof. Mr. Hewlett said the zoning being changed like it was was a form of hardship. He said at the time it was purchased they didn't know it was going to change. There hasn't been any interest in the property for heavy industrial. :2./0 Page 4 March 16, 1983 -' Mr. Hewlett said there was one real estate firm that had looked at the property but nothing ever came of it. Board members agreed that the hardship was in the change of the zoning. Meeting was opened to the public with no one present either for or against. Town Planning Board recommended approval. Warren County Planning Board also recommended approval. The subject of grass seeding was also discussed. Motion by Mr. Sicard, seconded by Mr. Griffin, all voting affirmatively RESOLVED Variance No. 814 is hereby approved , the hardship being the original use of the zone was light industrial, all of the property is in the name of Hewlett. Note: For the record, the City of Glens Falls has not replied to the notice of public hearing. VARIANCE NO. 81~ - Mvron J. Watkins - Guv Fiorillo - Represented by kLt;y .'ncWflnan - proposed use Nursery and greenhouse, including construction of a polyeeheline covered pipe frame building adjacent to the existing now vacant building to act as another greenhouse. Attorney Hoffman said that Mr. Watkins would like to expand and Mr. Fiorello owns the property. The property is on River Street. Chairman asked who the neighbors in the area would be. Mr. Hoffman said Mr. Watkins and a Mr. Sipowitz. Mr. Hoffman menU_oned that a hardship has been shown here as Mr. Fj.orello has tried to sell the land, it has been for sale for eight (8) years. Mr. Watkins then named other business in the immediate ar'ea. Meeting was opened to the public, no one there either for or against. Mrs. Goetz mentioned her long time dislike for billboards and asked if the one there would be removed. Tel-H! Planning Board recommended approval. Warren County Planning Board also recommended approval Motion by Mr'. Griffin, seconded by Mr. Sicard, all voting affirmatively, RESOLVED that Variance No. 815 is hereby approved, there is a definite hardship because of the high water ta le and it certainly wouldn't be able to be used for a residence or industry in the future. VARTANCR NO. 816 - Karl A. Paulsen - Loudonville, N.Y. represented by Mr. .c;!"we~{. ~ 02 /1 Page 5 March 16, 1983 '- Mr. Paulsen wants to divide a 1.86 acre parcel into two lots. He would like to construct a single family dwelling on the vacant lot which would not front on a public road. Mr. Paulsen said his son would like to buy the big house and that he would like to build a small 2 bedroom dwelling on the other. Chairman question septic problems. Mr. Steves showed plans to the board regarding the planned system. Mr. Paulsen interjected that the system is 150' from the lake shore. Chairman asked where the present roadway ended. Mr. Paulsen said the Town plows right to the driveway. Chairman noted here that the Town planning board disapproved the variance. They disapproved based on the lot is less than 200 ft. deep and would require another var'iance for septic system, it appears that lands on this point of land have been subdivided poorly in the past Warren County approved provided all applications be secured and approved by the Lake George Park Commission. Motion by Mr. Sicard, seconded by Mr. Turner RESOLVED THAT Variance No. 816 be approved, the septic system will be adequate. Subdividing 1.86 acres into two (2) lots of .93 acres each in lieu of required one (1) acre in order to construct a second single family dwelling. Yes - Mr. Griffin, Mr. Cornwell, Mr. Turner and Mr. Sicard No -Mrs. Goetz. VAJUANCE: NO. 817 - Pathfinder Communications Corp. Represented by Mr. Dennis Curley Mr. Curley explained why they were looking for this use variance. He said the only thing on the property that he was aware of is a single story metal building. They plan to refurbish the building and use it and to replace the present telephone pole with a tower. The present tower is on top of west mountain. He explained that there isn't any where else in the Town zoned where we could go and use it. There are already poles, wires, electric lines etc. into this area, none would have to be constructed. The question of height was mentioned by the chairman with Mr. Curly saying that basically they would be the same as they are now but at the present location there is a very unreliable source of electrical power. The power from the base of west mountain to the summet, is not owned by Niagara Mohawk, it is privately owned. We have many outages. Mr. Brandt maintains large transformers on the mountain but they have been su~c8ptible to lightning damage. J/~ Page 6 March 16, 1983 The question was asked if they were planning to rent space on the tower. Mr. Curley said possibly in the future. Chairman asked if they were looking to buy the property or just to lease it. Mf. Curley said right now either. He then explained that there will be noone else up there, it is Glens Falls City Water Shed proper>ty, and their concern of course is toilet facilities seeping into that. This will be a totally unmanned operation, to toilit, no running water. It will be operated by remote control. Chairman again asked if there was any proposal to expand the building on the site. Mr. Curley said no. Chairman asked the Building Department if the antenna was being considered as a structure. Steve Lynn said yes because it would be a principal use of the properties. Discussion involving the wires supporting the antenna and the possibility of other uses for the antenna itself. Mr. Curley stated that the present tower is 200 ft. high and not too visible. The trees in the area are high and will hide some of this . Chairman asked if any clearing of the area was necessary and Mr.Curley answered no, none at all. The area in question is free of trees. There are probably some schrubs in the area that might have to be cut but there will be no harvesting of trees at all. Chairman asked if this would be in the fleight path of planes in the area. Mr. Curley said no. The FAA will have to make the final determination. He then explained the runway systems at the airport. Chairman opened the meeting to the public. Mr. Alan Cedarstrom, owner of property north of the proposed site spoke in opposition along with the following: Ralph Nestle - Butler Pond Road Richard Linke - Gurney Lane Douglas Luke George Steck - Butler Pond Road Lyn Robinson - Old West Mountain Road Dave Hodge - Bell Mt. Road David Cedarstrom Mr. Cedarstrom and Mr. Nestle both were concerned about vehicles in the area such as cycles and 4-wheelers. Mr. Cedarstrom said the area is available by driving over his property. Both men are also concerned about about future TV and radio reception. Mr. Nestle's concerns were mainly ecological. He feels this is a lovely area to live now. Houses being built are no problem but for an operation , ;)/3 Page 7 March 16, 1983 of this magnitude it would certainly change the character of the neighborhood. Mr. Steck was concerned about the visual aspects of the tower itself, it would be practically in his back yard. A petition signed by area residents was presented, all in opposition to this request. Mr. Curley mentioned that there had been a 600' tower across the street from where Mr. Cedarstrom is living and it had been removed by Pathfinder in 1973. Mr. Nestle asked why the tower was there. Mr. Curley said it was an antenna support for the radio station and built by Pathfinder prior to his being in the area. Mr. Nestle asked why it was removed. Mr. Curley said mainly because of the transmission problems. There is a dip in the terrain. It was removed to Everts Avenue. Mr. Nestle then aHked what happened in the Town of Oueensbury after the Tower was removed. We had ~oning. Homes have come to the area mostly since the tower was removed because this is now zoned for RESIDENTIAL and this is the way the area residents would like to keep it. He said the tower was there when he moved there but a lot have moved there since then. Chairman asked Mr. Nestle if he saw the old tower. couldn't see the old tower but he will see the new Mr. Nestle said he tower. Mr. Linke said he is building a home and this tower will affect him directly. Right in front of his windows will be a tower. Chairman asked how far away. Mr. Linke said less than one (1) mile. It dosen't just affect him, it affects everyone who lives on Gurney Lane. As you go up Gurney Lane every night for the rest of our lives will be seen the lights. Public meeting was closed. Town Planning Boar'd recommended approval as the hardship is that almost every site for this tower would require a variance to the ordinance. There is no provision in the ordinance for radi_ towers. War'r'en County also recommended approval. Cha:¡prnan at thL3 ¡-,ime addHc! t.hat he would abstain from voting as he is associated with P~M¥f~nfÌ :H~. W"I\1UT - IV ~F"1 5~ ~/i Page 3 March 16, 1983 Motion by Mr. Griffin, seconded by Mrs. Goetz RESOLVED the the request for a Variance from Pathfinder Communications Cor'poration is hereby denied because of the adverse affect on the neighborhood character. The lalld can be used as presently zoned and the granting of this would have an adverse affect on the neighborhoori. Chairman reminded everyone that a yes vote means to deny. Yes - Mrs. Goetz, Mr. Griffin, Mr. Turner and Mr. Sicard No - None Ab~tain ~ Chairman, Mr. Cornwell. Motion by Mr. Sicard, seconded by Mr. Turner all voting affirmatively RESOLVED that the meeting adjourn.