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1972-06-07 QUEENSBURY PLANNING BOARD l-iINUTES ... MEETING JUNE 1 t 1972 AT QUEENSBURY TOWN OFFICE BUILDING Presiding: ~'\'re8ent : Guests: Kushner ,Kirkpatrick, Mellon, Monahan, Nortcmo Roberf;s, Sinnott L1a~e8 & Boyaton, Bldg. & Zoning Dept~ EXECUTIVE SESSION r '- 1. Discussed following Speeial permits and våriances for action latero A. Special Permit 132 - Witham . B. Variance 1232 - St(}ryt:~t.vø - Zoraiog Board of Appeals referred this back to us. 'l'he,.,havè further evidence - movies,. ate ~ C. Variance #233 ~ ~rr:t~:y - Tabled from last meeting~ D. Variance 1234.- He~ance - R-4 partially completebu1lding to be used for truck 'storage,. ' Eó Variance #235 · Standard Fuza1ture ... Now building £acè a~d coyer over door", .. ' F. Variance #236 ... Lavery ... Mobile home.' Town Board will appro"J'9 if' the set back variance is ~pprcvedo G. Variance 1237 .. Carrols. New ': sign smáller than pres6t1to Ho Variance 1238-Hall~ repair ca~~ in resideoc~¡ 1. Va~ianee 1239 - Ambl~r - N$l garage set backò .. J.. Variance #290 - or Special Permit #33 Gray - Letter from Town Att:':omy Katz with opinion tb~s is "Automotive Service and Re~'.!lru We disagree and fell this is a µse variance~ ' Ko Variance #241 - Regan and Den~y - Sign setback~ 20 16-72 - Subdivision. Howla.nd-. Discussed meansf of stopping this~ Odell has sugge.steå use of Interim Stop-Gap zo~ing.. ~le also could turn dôwn and let Howland go to court if he wishes. Adjourned for' regular meeting 8:30 polDo, Re-eon~ened 10:25 p.m. . 30 Variance 1232 - Sto~~ · discussed. < Adjoumed for regular meeting 10:30 p,~,mo, J. Arthur Norton. Secntar¡ JANJpej QUEENSBURY PLANNING BOARD MINUTES - MEETING JUNE 7,. 1972 a.t QUEENSBURY Tam OFFICEBUILDlNG Presiding: Present: Kushner Kirkpatrick, Mellon, Monahan. Norton, Roberts, Sinnott REGULAR MD.'TING 10 Special Permit .1?;2 - Witham - Clifford Witham gave a statement as enclosed" *See attached cOPYo Received letter from Town Attorney Katz stating that the shack is on the property in violation of the Zoning Ordinance and, that any building on this site would be sugject to the &-3 zone yard and lot requirements 0 Kushner stated that action ·on this will be deferred to t,he ne.~t me~ting 0 20 Still Crick - Subdivision 16-720 Attorney William Chambers spoke for thiso Stated that they have complied with all laws. ordinances, etco, are not asking for vS&."1.ance snd requested a favorable decision on this 0 Attorney Gordon Hammitt spoke for the Laké George Association and other C:OQce~~ed individualso They are .concerned over ~he Dunham'fa Bay Wetlands as a valuable resource and stated that :'.r-;·'¡(f ~...r2d-:'~1idm<léi f~O'fl~"~ ~t~,-;'.t::t~:: tt.4" to the environmental dangers of furthar development in these areaso Kushner explained the steps talten by the Board in reviewing sur';i-divis1ons as follows~ ' 10 Layout of subdivision t'lith total concept roughed lao 2.. Board makes suggestionso 30 Prel~inary map submitted and investigatedo 4. . Prelimina:ry approval by board S. Health-Highway - water approval. 60 Final approvalo , Kushner also stated that we have many calls and telag~s in opposition to th~s subdivisiono He also had a call from Cyrus H.. Mooree Ass'to .éittyo Genera1 saying that a letter of May 14, 1972 is retracted by a latter of May 31. 1972 snd states that his 0 ffice is checking the boundry line of the high wster marko \ ' Howland stated that he fí!:tt, Kushners remarks regarding this call were derog4tory and out of omêr.. KusbQer discussed the possibility of asking' the Town Board for Interim stop-gap zoning for the wetlands using a 10 acre lot sizeo Malcolm Coutant. Regionsl Attoxn&y for the N~ York State Department of Environmental Conservation stated the following procedure for subdivision approval 0 10 Informal approval-prelimina.ry approvalo 20 Sewage plans" approved by Env!. mnmental Conservation Depto 30 Transportation Corporation formed filed with Secretary of Stateo 40 Certificate of Incorporation and complete'subdivision plans,) S. Go to board for final approvalo . DEC is interested in preserving the environment for: Expanding economy snd growing population, Long range pattern of development and protect environment 0 Employees of the DEC stated that this project did not ,violate the lf1wo The DEC feels that they do not know whether there is a violation snd they are obtaiDing a survey of the wetlands and the high water level 0 DEe is to conserve. protect and improve natural resources of the stateo They are to encourage the best development use of the land and still protect the tando He noted that the letter from the Conser- vation employees had been retøctedo He also !toted that maps had J:88ched their office with a demand for an immediate letter of approval this morning snd qU8stionad why the late submission since the Planning Board had had them. for a monthet He stated that approval of aewage systems is under the DEC. not the State Health Deparcment9 Dean Howland: Wants to bring Lake George to more people.. giving then a chance to reap the benefits of Lake George - pools agd tennis courts will be pmv1.dœdo All neighbors surrounding the boundaries approve of the sub-division · petition oarecordo UnkDOWO: Doesn't want aoy more people on Lake Georgso Elliot Lawton: Believes the U. ofunmotorbed boats will not be abided Questions High water marko Planning Board: Motion by Sinnott: 10 Requests that the Town Boe.~d adopt: ---.----------------....- QUEENSBURY PLANNING BOARD - JUNE 7, 1972 - REGULAR SESSION MINUTES CONTIl\qJED "Interim Stop Gap Zoning", in accoœance with the Legal Memorandun published by the New York State Office of 'Pl'lnning Services. for the Làlee George wetland areas located within the Town of Queensbury as indicated on the proposed Master Plan update, as a rural conservation zone with 10 acre minimum lot size", Seconded by ICirkpatricko Carried It Questions: HenJ:y Sires: What happens if you ¡ivœ him a preliminary go ahead! Board: If motioa adopted - stop gapaming we shall defer further consideration of this application uatil TowQ Board action finalizedo Unknown: Cau there be activity in the subdivision? Board: No further activity in regard the the development (Howland) subdivision in that area at this time. . Unknown: If tta town board denies motion will the proposed 8ubdf:~':Lsion return to beam! Board: Will continue on with review of applicationo Unknown: ,If you grant preliminary appmval what will happen! Board: If we give preliminary approval the applicant will contin'i.,e his data gathering as aforemeotioned. Arty further work on the part of the sub-division at this t~e is at his own risk. Unknown: If the zoning is, ~proved will Dean Howland still be able to'ßo é~7 .. . Boam: Noò l.fr" Kushner own opinioao Dean Howland: Ajprove us or reject us and tell us the r.eaSOD why that's all we came here to ask. if you want to make a legal issue of it. if you don' t appmve it ordo either ODe of these within 45 days its automatic 0 uWS go to the'ToWn Clerk (we won't dothis)oeo'and ask for certi ficat8 0 0 0 . Boanh Taking another aP{itròach to ito 0 0 owe are gett:1nginto a legal problem and we will plObably be 1avolvedwith coucil.eo Unknown ~ Why can' t the board reject the preliminary proposal? Boa~ch We feel if we can the intermediate zoning passed immediately it will not only resolve the situation with the particular sub"division but also further possibilities of encroachment on the wetlands" 0". oWe feeì this is a much l '¡)"der brush '\ud much more useful application to total pictureo Mro Nortou: Reflection o~ Dean Howlands statement '45 daysu umust be after a public hearing (not meeting tonight) also a final complete subm~ssion-on approval of prel1mincry submission. 0.000 Mro Heamitt: As a matter of racoxd and on behalf of the people I represent. I would like to ask that you coas1der rejecting the application tonighto BoaJ:d: So notedo 30 Variance #232 · StOJ:ytOWD - Sign for Johnny Appl.8i~ed Restaurant,o &ttyo Judge, Wood and Grlscott appeared for this 804: showed pictures and movieso Adjourned for Executive session lO:25 p.m. Reconvened 10 :30 , Motion by Si1\nott. seconded by MonahaD and carried to recommend approval 0 f 155 sq" ft. sign 20' back free right of wayo 40 Variance #228 Gerri'Ê3Y, Corinth Road wish restaurant in M-l zonao Motion by Kirkpatrick, seconded .by Siunott and carried to recommend approval as this '\fould be changed to C-l zone under our rec0111meaded change of the zoning mapa 50 Variance #234 · He1'lDÐ.nce, COQQecticut Avenue - wish to complete concrete block building for storage of refuse disposal truckso Motion by Roberts, seconded by Sbmott and carried to recommend approval as long as property is maintained properly 0 60 Variance #235 - Standard Fumiture~ Upper Glen St. Wish to put new enc- . losure over the front entrance which will project 6' Worwani of the bu1ldingo Motion by Sianott. seconded by Kirkpatrick and carried to recommend approval as this will Jmprove the property. 70 Varia.nce #236 - Veina Lavery. Ohio and South Averaue .;. wishes t~ locate a mo"1le home on a 6OxlOO foot lot with a 10' setbac~ rather, than 30 required 0 Motion by Mellon sec01Ided by Roberts and carried to return this essaW-age and water of nei~hbo'r properties should bè cheeked a,gainst the proposed locations on their siteo OQ V&ro ~Z31 - Carrolts Restaurant. Uppe~ Glen Street œ Remove pylons and install smaller, sign on fascia. l.fotion by Norton, seconded by Mellon and carried to reoommend 'P provsl on this as it 1s less non-conforming than the present s1gn. 90 Variance #238 Hall. Bennett Road 8 Repair motor vehicles in an H-) zone. Motion by ~onahan. seconded by Kirk?strick ano carried to recommend dis- approval as not proper reason ahown for use variance. 10. Variance #239 - Ambler. off Pilot Knob 'O....'C':.I,L Gara("e 22' from right-ot'-way. Motion by Sinnott, seconded by Mellen and carried to recommenà çproval as this is further from the right of way than the building being removed' snd than the other bul1dlQgs on the s1te~ 110 Variance #240 and SoP. 133 - Gray PropBrties - Quaker Roado Car. truck. and trailer rentals at car wash. hpinlon from Attorney Katz that th1s would be under ttAutomotive 3erv1ce" and therefore a peI'II1"tteð suecial use. We disagree and feel th1s would be a use variance. Motion by Norton. seconded by Roberts and carried to reco~~end disap9roval as we ~eel that this 1s a use variance. 120 Variance #241 - Regan &: fenny G Quaker Road. Sign sotback. Z-:ot1on b7 Kirkpatrick.seconë:ed bY' 14ellon snd carried to recommend approval with the sign to be 15J from the :r1ght-of-W8Yo 130 Donald & Howard Grundburg a~peared to ask about body snd front end repair service across from K1ng Trailer Court on Route 149 in R~2 zoOSo L1apea to work with them in submitting tor varianceo text regular meeting July 5. 19720 Ad journed 0 Jo Arthur Norton, Secretary ,,~ I úJ ; +h 11 ~ s-t-ð. +-t ¡<-I e " +- Thisstatemênt shoulcJ, clarify ou::, ~)osltion in relation to the .'T'Ir·o· '1'\'e' r t....ra,n·r"! "'p'r'o ~ N't ¡';r:" h~'í ore, '01"O·I"¡o ~~ 8' r" [)1"': 1;7 i>i~1-; ('"I" :.s~~ v 0\'1 La, ·,1_'·.,0" Georg·"e,. J:,I",i.J tI "-". \.I....,........ '.'..-'. ..."""."" , ..x...... i:.~........ -',.... ~ "-'._,L....._.~_ .....'t,' J;..1 - . U ·ft Weare desirous of doing \ìhat is best ui thin the [1!'oa :tor all concerned. In early Harch of' this year ¡re "Jere made 2:\oTê:rE~ of concern caused by our application to construct a 200 t dock ",d 'ell ten slips on each Tovrn of '~ueensbury icl f i.J.. At t!le:> A·, 011 r} 1 or;') s,e o. t.. - t)rJ. -- , -, I ¿, mooting of t~'e Planning Bortra "lIie tolð t,h.o é\ssembleù aud.i.e.r:cc that '\,.Te ¡.¡culd \,.J'Ì th- dra.'\rJ this application from the r-. Y. So Dc~)artm(;nt of Conservation board h"'n,.'11~nn '1t "',", r::p-r'!.. C~"",·,~,.. ~'.J(",; (1"~,,~.,, r',·.o. O,,-.!., :'·tL"'...·I-("".(",.,. l''"':,·c''.son ~"'Tas c, '", U ':.10 .: . Tll\~ J~AV C.',y v ~ ~....., _ ,-, _ ,l"...; '~'Cl . \ that '\iYe " \l'rishec1 to bE! ,~O.r""Cl. ",.;.. ~--T c~!-...tu···o··· ~.~ ft O·u"" '-,. J.J \:"..L. 0"" ..L c> 0 .... G})~'.~,\l:tCG..tiorl. for :permitted speclalusc i1::' tbe R-3 :ce::~i(''1ential zct:c Jchat the subject þrop€'rtj~ :LS ¡,¡it.hin ¡!Os fOT Gnd 1s :for D. small.1.¡.{)' ciock vd.th one slip on e2ch side. A clod: that ¡.:oulC h8°J'C: Ci cau8ci þr . .' of six boa ts. Four P''''r-O~'l~~!' ~:l~l" '''()1'' <:< ~,1 C> ,., I~,., . .... " ~; ,J..\.. ...... C,.· 1 ~ ..:..... ...,..'....._ ......., u..l.l..... f' 0 J:' 0,,"" ,f""1'll°., Tr .....-'- ., \,\., .J.. J , and one for use in ny re::::l c~s-c[tte bt1s::L;~pss. '7e 1,-,i::1.1("( to sqlJ.2re our fifty foot Idèe legal dr5."I','re\'T2'Y 0.(.''' tc tho CC"CC 0'" the lake ""a'rlng ~ -?lo'f'ty foct 1J~~ "")""1'O~·~'·1'1""{~ð'~,~ 01,1 ·')r:1r1.--rn" ~·""e" le"T:rint::!' "1'_, ¿J..J:.)...'.'~ -- __ _ v "t.:r ¡·,',t_~")_· .L._,J...~..Q,v\:,...1..~.. ,../........' ,~.c,..._.'-..J.......),¿.~, '':''i.J.. C\., _·_<~;'..V_ bU.·· mature treestst2.tlc}inz for IJo8lJ.'cys sal<:e. The par1dng area ¡'¡ould handle about five cors. ..;"1.") 1'\ ." ð i ,.,..... ~'~ ·~1't 1"'" t; '" ~ .~""y..<_ ~.:-... .._11_ c...;:~, ~,.,-,,\~';J. i. C'...... \Te prO}')Qsecë to br-> basically a S111ËlIJ. CI#')] e,.. O'''('('~·;. ''';~ r:--'~ J-i ,....,,1).... 'f.'Ie, .,'(' . .,'j -- L.,c,~"J. ,,'~. l,,_U~J. ' fLlrtl::c.:> l~(XJ1.1C: :cited þer- mission to physically and aesthetica.lJ.y refLlrbj.sh c. 10' by 12' construction shed lecalJ.y on the pr81'15.,2CS. Part of tl::is last vms necessa.ry as arsoni sts l1ac~ pa.~tly cl(~2tl>oye(: tJ:.e "buiJ.ðing some months ago. In::iOe the bLûld,ing '\-7e pro~)OSC¥~ a smalJ, tool closet, small ¡'Jor1: benc!l, (~e ~1r , ;,:) cC, , telephoGe onC ~,"!'el'Y inportantly "·,i,·..;·',····<-',\'~,' " .;: a unit known as DESTROILET.. oA butr.ne G8S fired toilet that after use consisting of burning for ten n:lnu'Gc3s 0t ?0(ì(', C'ÖP'!"OPS ~,~, ._V ''-_......' ','=i(::J _;' COLl- pletely incinerates In"L.'TI.a11 effluent tlnc1 tot~lJ,y eliEllnates any possibili ty of shorG side 11011ution. As -:IN!. nm·, realize this 1¡Tas a most modest propasal. As fa11 a.s polJ.ntior" of the lake, from bvo or three active boots opGJ:'oting from thJ. ~ :Lnst:'11.r.at.J.on, it '\vould ha.ve bE·on very small if a.n::. Lm!s forthcoming in the immediate future covering h~rc1ro-carbon devices for motors ·HOu.1ð. handle this problem most aè.equ2telyo The tr2f:Cic or: this bay '\vould not be incI'en,sed 1~ a m2teria1 anount. Possible future expansion 'Hould be subject to the r:los-c ridgid 1"o-,rio\1 ane:. public hearings. Due to the ft¡ ct that tIle several lJcrr.d. t'te(1 speciaJ. .L1ses in this b ;,., t -... j"f- t.. t ., ~ '."" ...\_... ,"\""'!I l':"·~·P::--:::' d zone are rODu..L.Y ca egorl:::.ec~ 1:ie ,LJ_'~'Gec .....L' L.Uj(.U, .,.J.~,;,,-,-...J.'" an ,.,rere so pu.bliced, :not by hurt:~L1l intoct [Jut bccê,u2e 0:::' the la.ck of nøHS reporters 8,t the :'5.rst Tmrr: Plaly~ir:g 30~rd meeting. On this plan the Hiatter n011 restso No ill to step bad: a bit in tlme to 88r1y Ea.rcb. At 2 :1l8cting a.t the Regio!îal Conserv3tion Department IIcndqtlê"\!'ters . l' ~ ~ ll1 ,', [1 r!' en spur e; in early Ha.rch ire "Tere made m-n?œø 0'1" tbe group calJ.eC the Nature Conservancy. This group made their :feelings 1:110'\1110 Generall~r tho thoughts are this. The st2,te of rs-:J York in 1965 began to believe that the 1100 ac}."es and 36 parcels composing the '\'Jetlanc1s behind ancl Ð Y\!1rt 0..1...(.' DLU· -l...'yr'l~ I~r.L1"".L..! C" "'nr'1 1..J"":r1"1er 1-' c;;" . ,,¡, li...-~..J.l ....' , ,Ò,.. --'_ .:;> c\ \....!" ~ (,.) .L _ Bay 1:Jere the finest unspoiled ,,;rctIond tr8ct in Ì':m,;r York State. About one a.nd a half yoars ago the lT8tnre Cot'1scr"iJoncy at the urging of the profounclly alert Lal:e George Åssocic:.tion began ,,, ~':<1-~'," ,', ' ' , " i ---':I;~ ". ;-- '"';.", "' to e::-""Plore the subject. The proposal them became dormant for some time and a.bout slx months ago bocame "';,"cry 2ct1ve. SOr.1e t1'1'0 months or so .:::fter re-acti vation OUI' p::'opo sol came on the horizon. Em'l '\'Te are again at the ltarcb mect::Y.ng at ReGional Conservation D11d our first l::.no\'lli;dt~E' qf tb,e !Tature Conservancy and their interest in Hrs. '\1ith8ms propertyo ~'Je i1n:"'lec1iatoly sta.tec1 at this meeting t.bat i:Te ¡fO'lüd entertain ser.:tous tlÜnldng of being co-operative vIi tll the Conservancy. Since that time \Te have kept a.li ve our proposal for Ð sma.ll business, but noro importantly have had frequent in depth talles vith Lylo lforton of the Lake George Association ::mc1 also vTOæ:ring the hat of TTature Consorva.ncy"~ We have cons1.Ü ted in depth ¡'lith Donald Borth ¡¡ho graciously a.cts gratis as·a.ttorney for the Nature Conscrv8ncy. 'f,lc have t3.1~::ec1 'I':rith attornej7' Richard Bartlett. He f1DVe tDll-:ecl on several occassions irrith David Davis of Naturo Conservarcy. ~ile 112'\;(; had se"T8ral hours of verv" c1etailer", talks ,Ji th t'l':TO IT e'1 ~torl;: St3 to e:D'Drai sors of -'- - Environmental Conservation i:¡ho a.re viorl::ing v:t th I~a.turc Conservancjr, in the direction of the Corse~:,v8.ncy br5.nginc about t~-Je êcquisition of the 36 pal'cels and 1100 acres of uetlands for prese:::-vation in their natural state. All in all vIe have sincerely put ourselves forth in the best intent for all concerned. Federal monies are available for the purchase of the sUbJ ect pro~üc!'ties. Due to its newness in part the Conservancy has r.ot rnac1e as much progress a,s may be desirable in thesE; areas. 'T.:ve spealc of the relatively nm.¡ Adirondac chapter of same. '\;]e offer ourselves io the ITa ture COLserva.ncy anI: its plan .~or the 'I:!etlands in the subj ect area. ~ . ,..,.... .:- " ~ -~ '-, - NOW good neighbors and public serving officials here 'He Ð.re tonight. At great persona.l faraily sacrifice vIe are "I.1i tholding the adði tional mandated d'etails of our permit applica.tion 7~?~,2 tIDt1l the next meeting of this boardo This 'wIll alloi'l tho N8.ture Conservancy an additional month on top of the four l;lonths al!>e:.?idy cons1..1.med to gear up their direction and planr for the 'Hetland t:i....a.ct. lIe 'Hill out of absolute economic necosslty have no choice but to go forth next month with our modest pla.ns if t¡lC e11vircnmcntallst mOYCIDent does not manifest 1 tse'lf. In honesty and fairnes~ to all \'TO have done are very level best Ð.S best as vIe are capable of. ·vie ask 110 special qua.rtm.'" 01'" favor, no specl",l con SiCCY'8 tl(~ ".to but respect7u11y pray that honest intent and purpose ìdIl p:::,(~vail. .. 6,' {!};fP ~ ú uJ:ð1J~", {. ,