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1972-07-05 QUEENSBURY PLANNING BOARD MEETING HELD ,.JULY 5, 1972 Pre,siding o. 00 . . 0 . 0 . . .0 . . . . .Kushner P:t'esent.....o.oo..<).....o.o.Kirkpatrick~ Mellon, Norton, Roberts. Sinnott i"bsent. .. . . . . . . .0 . . . . . . .0 o. . ~nahan Guesta......................Li.apes, Boynton, Katz, Coutant ~EGULAR SESS ION ~,;_~9:Q..,'.,~_ ~h~'s. Mary Reilly, Court Reporter of Ac' r'L Heber & Assoc. has recorded this m.?eting. Full transcript is on file. 10 Still Crick, Inc. , Development of Dean Howland. Gordon Hemmett - Lake Gear ge Assoc. asking for letter of Mr. Morton of July 1st and Dr. Carl George of June 30 be entered in record and offering the opinion of others ~resent to help in this matter. Clifford Witham commented on common sense Vermont in calling for a balanced approach of conservation and development for Lake George. Malcolm Coutant, Regional Attorney of No Yo S" Depto of Environmental Conservation - stated he haa visited the site and they will use every precaution to protect the wet lands" 011 question from Howland, Coutant: stated that he felt Sect" 429 of the Old Environmental Law was broken by Still Crick, Inco Th~.s pertains to filling areas which :were inundated by 'water for more than f:f.fteen <:onsecutive days in one yearo Edward O'Ha-nlan stated he has photographs at various levels showing dredging and where project was or is under watero Discussion between Howland ~d Coutant - Coutant states that whether the lake is at an illegal high level does not effect the" 15 "day inundation ruleD Mike Apollo - stated the issue is to preserve and protedt Lake Georgeo Howland states he is doing nothing illegal and the building is on a solid concrete foundationo He says this is dry land as Kushner stated that Howland could build one hous~ bu the project became a Subdivision when there are five or more 10t80 . 'fhey have been driving 10 wheel trucks there and are filling only on solid ground 0 He stated that the map was done by a professional engineer ,~llld is all that is needed for preliminary approval. Kushner stated that the map does not i~dicate who prepared it. John Quick stated that the Adirondack MOuntain Club is "opposed to commercial development of the wetlands. . Howhnd mentioned a lette~ of May 19th from Mro Brewer stat{ng that as of this date that Encon has fino reason to suspect of your own knowledge you. violated any department ordinance." Unknown - Howland did ask Conservation Depto to inspect in development and planning stageo Feels this is a minute portion of the wetlands and he should be allowed to proceed and stop the next oneo lolitham ... feels Howland is building on hard groundo Feels trther people here are desecrating the lake as much as Howland wouldo Hc~land feels it is the Towns duty to uphold the law and feels he has acted and is proceeding with in the law 0 Stan Granger reaD a letter from Carl Send to Town Supervisor Gerald SoloMun who abuts Howland lando Letter a~pres3es concern a~d opposition to the propo~ed 5 or 10 acre plots in proposed changes to. Zoning ~nd he does not ~ppose H~wland's development 0 Hemmitt asks for denial of preliminary approval and states that Howland has other land that would not be in quiestion where he could builao HOl'lland states he is not desecrating or d~~"'\edging the swampo He feels thaf: the Planning Board had 45 days from May 8th which would be up June 17tb to act on preliminary approval or d:f.sapprmTal and so feels he ha.s been appro'\red by default~ He asks that the /,-rt.i1 be followed and he be given appro\ .al with the reason why. HmfJland and Morton discuss Nature Const!:l'vancy d:lscussion 011. this lend 0 Quirk is concerned over use of power boats on mud at bottom of creeko . Howland states 8' in middle of creek now - does not want p~~er boats beyond this area where it gets shallow 0 Coutant - discussion of map fmbmitted by Howland for prelimi11ary approval () Kushner states there is no date, no name of person who drew this. He feels we do not have a complete map to start t:ha [:-5 daYfL. H,jwlaud - reads letter af May 3rd to Queensbury Planning Board submitting plan for preliminary approval. He reviewed visit to site by Kushner and Roberts IOn May 8tho He presents petition of all but on surr.ounding property m~ers stating they have no objectionso The lOne missing is in her 80's and was bedridden at that time. . . Hammett - 0resented court case indicating the Banning Boards legal ?uthority to ..:onsider ecology in decisions affecting :~:oning and planning. Discussion on motors on creeko HDwland suggested that the Town Board could limit the use af motors over three horae plOwer an the creeko Howland will have launching ramp for use Df property owners in his develapment who would trailer the blOats to the rampo Sandy Collier suggests limiting the power boats on Lake George~ Dr. Ste.N'art - Lake George Researcil Center - State University of Na-J York Preliminary testing of Dunham's Bay indicates can expect the percentage of phosphate levels to be ten ti_mes higher. He suggests that the Tm'ffi of Queensbury limit the horse power to ~ horse power on the creek to help pre'."en t more problems, PaulBrandt asks for town counsels opinion of the 45 days for prelim~nary appr~val > Harold Katz - Town Attorney .stated he did not visit site so he would nDt be motivated by personal likes and dislikeso States there are 3 laws to apply - State (Art. 16 of Town Law), Town of Queensbury Zoning ordinance ana Subdivision regulation of the Towuo His opinion is that the Town zoning ordinance and the Town ordinance regulating subdivision sites, zoning B.nd planning precedes the State's statutes and as such it is within the province of the BDard to render a decision either accepting or reject- ing this proposal as made by Mr. Howland 0 Kushner asks for further comments and hearing nope states that we will render an opinion. ill cite as our first authoritY:I Town Law No 0 5, "Ordinance Regulath1g the Develapment of Subdivisions in t.he ~own of Queensbury". "I would also cite from the Zoning Ordina.nce of the Town of Queensbury, Section 10200 which is General Intento "The intent of this ordinance is to establish comprehensive controls for the development of land in the Town of Queenst-..ury, based on the Master Plan for the TOlin and enac ted in order to promote and protect health, safety, comfort, convenience and general 'i-Jelfare Df the people 0 " "I will alsa cite Section 1.300, Purpose 0 "Such reg'..!lations shall be made in accordance with the Master Plan and designed to lessen congentian in the streets, to secure safety from fires, flood, panic and other dangers;- "to promote health and general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of the public, to facilitate the provisions of transportation, water~ sewage, schools, parks and other public requirementso Such regulations ahall be made with reasonable consideration, among other things, to the characteristics of the district and the requirements of the particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land tlroughout the Town 0 Ii III also wish to cite Section 60902 which I shall find hereo II "First I tJill cite Section 60901 which regards Site Plan Specificationso "Application for multiple dwellings and planned residential groups shall require the submission of a site development plan to the appropriate Board, said Plan or Plans as submitted to either the Planning Board or the Board of Appeals are required to shfiw all structures, roadways, pathwalks, parking areas, recreation areaB~ utility and exterior lighting installations and land- scaping on the site, all existing structures and usages within 200 feet of the site boundaries, and any other elements as may be deemed essential by the Planning Board or the Board of Appeals." "Section 60902 regarding Planning Board; Board of Appeals Approvalo "Every site plan submitted to the Planning Board (as a permitted use) and to the Board of Appeals with referral to the Planning Board (special exception use) in accordance with the requirements of this ordinance shall contain such information and be in such form as either Board may prescribe in its ruleso Approval shall not be granted until the site plan has been approved by the Town Engineer and Health Offi'~:er concerning the adequacy of the proposed facilities for fire protection, storm drainage waters, water supply, and sewage facilitieso Approval of the site plan hereunder by either the Planning Board or Board of Ap~eals shall expire one year after the date thereof, if building permits have not been obtained f\Yt~ construction in accordance thereino" "Also, as Mro Katz has stated within the structuring of our Town ordinance, there is no right, specific ri~ht to preliminary approval. "lam going to ask for a motion from this Board based on concern primarily for potential ecological damage to the wetlands and possibly the Lake George area in total. ~AIso because there is a question of possible ownership and/or juri.'")diction of control over the adjacent wetland areas that we reject this application. I would accept such a motiono Motion moved by Roberts, seconded by Sinnott and unanimously approved 0 Howland asks for copy of the motion - Discussion on obtaining transcripts from court stenographer - Kushner feels this is not practicalo Howland feels we are out of order in not giving him a copy of this" 20 SoPo 132 Clifford Bo Witham - Witham appeared to ask for a postponement to next montho Postponement grantedo Apollo asked if there will be a notice of the next meeting on this when action would be taken. Kushner stated that the Zoning Board would have a legal notice on their meeting on this" 30 Variance #237 = Carrols Restaurant - Motion by Norton, seconded by Kirkpatrick and carried to recommend approval as long as the provision of Varo 1150 have been complied witho 40 Variance #242 Howley - Bowen - Lake George Road - Sign. Motion by Kirkpatrick seconded by Sinnott and carried to recommend approval, 30' back from right of way. 50 Variance #243 - Makesoil - Ounhams Bay - Remove present cottage and repl8.c(~ with new oneo 18\ feet from new (lake) side and 5 feet from side lineso Makesoil appeared for thiso MOtion by Norton, seconded by Sinnott, and carried to recommend approval as a hardship. 60 Variance 1214 - Sousa - Aviation and Dixon Roads - Sign less than 50' set backQ Eric Luther appeared for this. Leased from Mro Sleight - problems in lease as to improvement to property. Will do all they can. MOtion by SiIU10tt, seconded by Kirkpatrick and carried to recommend disapproval as this is Q non-conforming use and this will make this more non-conforming. Norton opposedo 7 v Variance #245 - Kittredge - Gunn Lane - COft"-,([;!Ct garage to residence. Mrs 0 Kittredge appeared for this. MOtion by Kirkpatrick, seconded by Norton and carried to recommend dis:;;i?proV'al as this would place two residences on one lot. Roberts opposed. . lL Vat'i,~:.I.ce 1246 - Coffin - Farm to Market Road - 8 horses year round to add to building to house horses in winter. Coffin appeared.. Motion by Hellon, seconded by Sinnott, and carried to recommend approval if neighbors are considered with a time limit if the character of the area changeso 90 Next meeting August 2, 1972. Adjourned 11:10 porno Jo Arthur Norton Secretary 1 2 3 4 " 5 N " N Pi 6 x 0:: I 7 " \0 ':t 0 Pi 8 x 0:: ~ 9 z Ii ..I 10 ..I <( II. III Z 11 III ..I C) Ul 12 ~ III l- ll: 0 13 D. III II: I- 14 Il: :J 0 u 15 u ~ Ii 16 III I- <I: i3 17 0 Ul Ul < <<S 18 ~ III III 19 III J: Z .( 20 21 22 23 24 1 TOWN OF QUEENS BURY PUBLIC HEARING July 5, 1972 Mr. George J. Kushner, Chairaan Mr. Harold W. Katz, Town Counsel Members of the Planning Board Mr. John Sinnott Mr. Robert Kirkpatrick Mr. Gilbert Mellon Mr. Richard Roberts Mr. J. Arthur Norton, Secretary Time Started: 8:55 REPORTED BY: Mary Reilly 2 MR. KUSHNER: I will call the July meeting of the Queensbury Planning Board to order. VOICE: Louder 0 MR. KUSHIrlEB: I won tt have any TOiee left but I will do my best. The minutes of the ~revious meeting were not prepared in time so we will default with the reading and can go immediately to the applicatioft for Still Creek, Inco Before we proceed wi tb.m- coBsid.ration on this application I will first open with any comment we may have from those present at the meeting this evening either developer or anyone who wishes to comment at this time. (No response.) Does anyone wet to be heard? MR. GORDON HEMME'l'T: I represent the Board of the Lake George Association and seTeral members of the Association who are members of this town. You should read letters into the record and the Association arranged after you indicated at the last meeting that you were willing to receiye material concerning the wetlands and statement of position. The Association forwarded some letters to you and I .~ 1 2 3 4 " 5 (II " !II !Ii 6 >< 0: I 7 " ID 'it 0 !Ii 8 >< 0: >: 9 z ,; oJ 10 oJ e( II. 1II Z 11 III oJ Cl UI 12 II: III l- ll: 0 13 II. III 0: I- 14 II: :l 0 u 15 0 z ,; 16 III l- e( u 17 0 1II UI < ctI 18 II: III m 19 III I: i < 20 21 22 23 24 4 would ask that these be entered into your record and perhaps it might be appropriate to present these letters publicly tonighto I will abide by your decision. We feel that the letters are rele'Vant and state the things we are interested in and the things we are concerned about. At least I would like you to take these as part of your record. MH. KUSHNER: Ar these the letters from Lyle Morton and Dr. Carl George? MHo HEMMETT: That's right. Mr. Morton's letter of July 1st and Dr. George's letter of June,Oth. MR. KUSHNER: Ve have those two and they are 'Very complete in detail and certainly quite con- v1ncLng. I think it might be sufficient to just ask that these letters be submitted and represented on the record rather than being read. MHo HEMMETT: I appreciate and respect your decision. I would like to point out that the people have been patiently waiting. We know you have other business but I want you to know that they are interested in the proceedings here tonight. If you want to solicit their opinion, I am sure they will be helpful to you. I ! Ii 1 2 3 4 " 5 (II " (II cri 6 x 0:: I 7 " III .., 0 cri 8 x 0:: >: 9 z en -' 10 -' e( I&. 1II Z 11 III -' 0 Ul 12 II: III I- D: 0 13 n. III 0:: I- 14 II: :l 0 u 15 u z Ul~ 16 III l- e( U 17 0 Ul VI c( 41 18 II: III Gl 19 III 1: i c( 20 21 22 23 24 5 MR. KUSH1IER: Is there anyone that wishes to be recognize~? VOICE: In fairness --- MR. KUSHNER: Please state your nalle for the stenographer. MR. WITHAM: Clifford Witham. In fairness bere tonight I have been asked to make known the fact that there has been meetings other than here conducted by a group that calls themselves Queensbury ~axpayers Association which .1~1 undoubte~11 change the name to Common Sellse New York and quite probably affiliate .ith Common Sense Vermont. They are going to speak for this group at the 8:00 p.m. July loth meeting at Dunham' s Bay Lodge. I have been invited to attend these meetings for the purpose of Comaon Sense Vermont and hopefully Common Sense Hew York 1s to look at the facts 1n many of these ..tters to study a movement which I know you people are not the personification of. The purpose of eo..on Sense Vermont and Com- mon Sense New York 1s going to parallel those of conservatory measures, inclusive of the developer and various contractors, of desecrating the water of Lake George with phosphates. In other words, a 6 ~~balance4 approach. Thank rou. (Audience claps.) IIR. COU'fANT: I am Malcolm Coutant, Regional Attorney of the Mew York State Department of Environ- mental Conservation, Regions 4 and 5 and I 8Dl here on behalt 01' the people of the State 01' flew York. With regard to Still Creek, I have visited the site and I assure you we will use every precaation , to protect the wetlands area. Thank you. (Audience elaps.) HR. KUSHDR: This gentleman with his hand raisedo MR. DEAN HOWLAND: Mr. Coutant, in your inspection did you find we were breaking any law? MR. COUTANT: Yes sir, I did. MR. HOWLAND: What law? MR. COUTANT: Section 429 01' the Old Environmental Law. ME. HOWLAND: To what does that pertain? MR. COUTANT: Filling areas which were inundated by water for more than fifteen consecutive days in one year. MR. HOWLAND: You bave evidence? 7 MD. eOU'fAHT: Yes. we have gathered that information. MHo HOWLAND: How? MB. COUTANT: I personally inspected and by data collected. In obber words the area has been inundated by water for lIlore than fifteen conaeritt..e day.. MR. HOWLAND: Well, I 'Would 11ke to say for the record Mr. Kushner did visit the property. We got all of the way 40wn to tbe first hOllse that ls built there with a permit aad this was last Saturday, 1s that true? MR. KUSHNER: Two Saturdays ago. MR. HOWLAND: I know you are avare of water eondi tions all ove1"'. He .1U8t had rubbers on in the are that we have deTelol'ed. We have done no dredging; that is cleared land and filled land. We walked on that part MR. COUTANT: I fouad. it necessary to wear hip boots except where you had filled in. MR. HOWLAND: I can take you to thousands of places around the Lake where you have the same situation. MB. KUSHNER: It is illegal to 1'111 any land which has been inundated for fifteen days or more. 2 3 4 ..... 5 (II ..... .N Pi 6 >< It: I 7 ..... U) 'f 0 Pi 8 >< It: >: 9 z iii oJ 10 oJ c( IL UI z 11 111 oJ ~ 1II 12 II: 111 .. II: 0 13 Go 111 It: .. 14 II: :J 0 u 15 u z iii 16 III .. c( U 17 0 III UI 0( ca 18 a:: III m 19 III I: i <i 20 21 22 23 24 8 MR. O"BAILOI: Mr. Howland stated that he wasntt dredging. I have gi ventime and. I have taken several photographs which will soon be available at 2,000, 1,000 and ;00 teet which I am sure depict all of it and show in detail that he is moving land and how the thing is under water. My photctgraphs will show water in the area line. The dredging starting east to west. ~his contradicts the statement I made last time and I feel it is necessary to correct the statement. MR. HOWLAND: It is colllllon knowledge we are digging for ponds. We are not dredging anywhere and the ponds are being dug there on land, that is true. MR. o 'HANLON: I all referring to dredging ditches in a westerly direction slightly north and the photographs sbow very clearly it is being used as a method of drainimg and water 18 being displaced from the 1'111 and the photes show this very well. I have enlarged photographs which SDoW evacuation going on 1,200 feet fro. the creek. MR. HOWLAND: Sir, this is very misleading. Mi. O'HAILON: M,. photographs will prove this. I think a picture 1s werth a thousand words. MR. HOWLAITD: Mr. coutant, when you mentioned 2 3 4 .... 5 (II .... !II c:. 6 )( ll': I 7 .... III ~ 0 c:. 8 )( ll': >: 9 z 1ft .J 10 .J <C II. VI z 11 111 .I C) VI 12 II: 111 to - II: 0 13 0. 111 ll': to 14 II: j .0 U . 15 u z 1ft 16 III to <C U 17 0 VI VI <C ctI 18 II: III m 19 111 :I i < 20 21 22 23 24 9 section 429 of the old Conservation being illegal? MR. COUTAIr.r: To fill or dredge or harass or modify. MR. HOWLAND: That see.s complete-land that is under water fifteen days or more. How does that reflect in 80me aspects and 80me times the water levels of Lake George which are not kept within legal maximum depth? The International :Paper Company lias using the lake to provide for mill ponds. MR. KUSHNER: I don't believe this pertains to the discussion. JIIB. HOWLAND: If the water level surpasses the legal IDaXiBl\lll and the dam at Ticenderoga will be under vater for those days, it would be illegal, how wo,14 that reflect back? -MR. COUTAllT:Our statutes and laws and repla- tions, it is quite simple language. It states if the area is inundated for more than fifteen consecutive dar8, not how or why, just whether or not the water is there, then the statute applies. MR. KUSBJEB: Anyone else? MIKE APPOLLO: I.. curious to know where Mr. Witha. went to law school. fl ------,~ 1 2 3 4 " 5 N " N cfJ 6 )( It I 7 " co ~ 0 cfJ 8 )( It >: 9 z 1ft ..I 10 ..I e( ... III Z 11 III ..I Cl (II 12 0: III I- 0: '- 0 13 It. III It I- 14 0: :J 0 U ~ 15 u ~ 1Il~ 16 III l- e( U 17 0 UI III cr: <<l 18 0: III PI 19 III I: i .i, 20 21 22 23 24 10 ~he first meeting I attended, the speaker at that tiae cOllmenced b~s spe.ch stating that a large dredge could do a lot of' damage. That impressed me. r think all of us love Lake George and adopte4 the laws and re!Ulationa and so forth when the ordinance went through. We improved our p~rt,.; when taxes went up, we paid them dd I slree with Plr. Celltut that the water is inundated for at least fifteen days. Ko one can tell me it isn't. I don.t know whether the International Paper allows the water leTel or not. 4 ... low the issue, we want to preserve and pro- teet Lake George and we like tel be Ul'ulisturbed. (Audience claps.) MR. GRANGER: Is there any bUilding on the SWa8lp'~that has been 'b1Iilt? MR. KUSHlfER: Yes. 01.\8. MR. GRANGER: If 011e is allowed., why is it "being stopped now? MR. KUSHNER: 'rhis is an application under ~. subdivision. When there is five or more lots we haTe no jurisdiction over one. VOICE: In other word., he cow.lei build four lIore. MR. O'HANI,OI: I am curious to know wh,. Mr. " C\I " C\I ~ X 0:: I " 10 '<t o ~ x 0:: >: z m .J ..J 0( II. U1 Z III ..J ~ Ul ft: III l- ll: -' 0 lL III 0:: ?- ft: :J o U u z 111' III I- 0( U o III U1 0( <<I ft: III lD III :r i .t. 11 1 Howland built his home on a stilt-type effect rather 2 than on solid ground? 3 MR. KUSHIlm: The grolilnd --- 4 MIl. HDVLAlID: May I answer? 5 MR. KUSHNER: Sure . 6 MR. ROWLAND: I obTi0\1.8ly haTe been at many hearings and have a great deal ot infomatlon. 7 8 We discussed aredging the ..amp and Conservation 9 OfficialS will be dOlm there and if w.~"'.re dredging, we would be stopped and given a sammons; which we 10 11 haven't been given. We have built on a solid concrete 12 foundation. The foundation was put in last tall. We have sliding gla.. patio doors you can .0Te with your 13 14 finger. 15 I can g1 ve you further evidence. God 118Y 16 be able to walk on water, I c1oh't share this wi th Hia; 17 Maybe Mr. Coutant does. 18 We drive ten-wheel trucks in there. You, 19 young lad, should know your father is doing the fill. 20 We do this on solid grolUld. It i. )lIt i.possible 21 that this should be implied right along. It is 22 ridiculous. You are like the blind following the 23 blind. It is not true what 1s being said; we are 24 back three to four hundred feet, we are on solid " (II " I'll Pi >< It: I " UI ~ o Pi >< It: >= i ,; .J .J <( II.. Ul Z III .J C) III D: III l- 'D: - 0 ll. III It: I- D: :J o U u z ,; III I- <( U o III VI c( ca D: III Gl III I: i < 12 ground. If you look at the map, it is clone by a 2 protessional engineero 3 MR. KUSRHER: I question what professional 4 engineer. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Jim. HOWLAND: 'fhat's a preliainary, that is all that is required on preliminary approval. PYR. KUSHNER: We haven't seell it. PIR. HOWLAND: You don't until TOU get the final. JOHN QUEB:K: I want to take exception to "the blind leading the blind.- I don't think we are lUlaware of what's happening. We have on the record stating our opposition to co.mercial develo~ent ot the wetlands and the people of the Adirondack Mouatain Club are simply opposed to commercial development. Whether Mr. Howland i. build1mg on stilts is irrelevant to uSo We don't want to see the land developed, w. would like to stop that measure. We want no blacktops, eement, patio doors that move with the touch of a finger. Not all 21 of us are neeessarily blind about the wetlands. That's 22 it. 23 (Audienee claps.) 24 MRo KUSHNER: Will the people in the back 13 please speak louder so we can get it on the record. Anyone el.e? CLAUDE BRANDT: I am a taxpayer in the Town of Queensbury. Is l1"r. Howland indeed filling the wetlands illegally or is he indeed not filling? MR. KUSHNER: Who are you as~ing? MR. COUTANT: I belieye I will answer. Conser'Tatlon Officials did, visit the area but not all of it. The sole issue is the que8tion of violating the mean high water of Lake George. I don't propose to determine at this point whether or not such is the situation. I do not make any reoOE- mendation or opinion that it has been Yiolated. I do not knoW' whether legal action will be taken or not. We are not in the position of being poliee agents although we may necessarily become so in some areas and the law will be enforoed to protect the environ- men t . One ~uestion was raised about one house being allowed. We have thousands of conservation officers who are not acting police agents. We try to make them understand what the purpose of the law is, we intend continually to do 80 and ' will take a~ 'ftrlngent approach if we haye to. 14 MR. BRANDT: Why is one muse built? MR. COUTANT: Perhaps we didn't question whether or not the law was being Tiolated. There is a house there ana we accept it, but we seek to prevent the future violation of that particular areao One final action we are concerned with many times is the techniques of any developer and request the information on paper in order to determine what the individual project is going to look like. Off times the developer is allowed to build one home and I think tbe department 'tfO-ul4 be unreasonable to take that down or reverse a position whieh we believe he did in good faith and I make that determination publicly in front of hi. because I don't believe he inClended to violate , (- the law. I think that answers several questions. PIR. HOWLAND: I rai_se one other question. You indicated just now that Conservation Officials were not allowed to go in certain spots. AUDIENCE: Ko, No. VOICE: You're misquoting. It's on the record. MR. COUTANT: I indicated some part of the swamp they didn't go see. '1 15 MR. HOVLAND: As we are on the record, let 2 the record show I have this letter dated May 19th from 3 Mro Could. -I have been advised on this date, based 4 on the report we have no reason to suspect of your " 5 N " N Pi 6 x 0:: I 7 '" to ~ 0 Pi 8 x 0:: >: 9 z en ..I 10 ..I <( II. VI z 11 Id ..I ~ VI 12 0: III I- 0: - 0 13 D- Id 0:: ... 14 0:: :J 0 u 1.5 u z en 16 Id I- <( ij 17 0 VI VI 0( 41 18 0: Id III 19 Id :r z .( 20 21 22 23 24 own knowledge you violated any department ordinance.- lffi. BRANDT: You never let me finish my question. VOICE: In fact, Mr. Howland did ask tlte Conservation Department to inspect his development and during the planning stage of this development did every thing to get your coo~eration sa4 to act within the law. It looks to me that portion of the wetlands that he is affecting 1s less than one per cent of it. I think it might behoOTe the Board to look at it at a practical point of view. He did eTerything he knew how to co_ply within the law and as far as he knows he is within the law. He does comply; yet it looks like you are going to make him lose everything he put into that minute portion of the wetlands. You h~e a moral obligation. He has done everything he mows to comply with your law. If the SJstem. of Lake George or the wetlands 16 r- (II r- 1\1 cvi >< 0: I r- ID 'It o cvi >< 0: >: z ,; .I .I <( II. UI Z III .I Cl III II: III .. II: - 0 D. III 0: .. 0: :J o U ~ u z Ii III .. <( u o III III 0( ~ II: III m III :I i .( '- are fouled up you need to change the law. Hang the 2 next guy; let's not do it to this guy. If you turned 3 thi s guy down how ean you rest tonight. 4 (Audience laughs.) 5 MR. KUSHNER: I belieT. I recognized Mr. 6 Witham. 7 MR. WITHAM: I wasn't aware I was quoting 8 as an. attozeney. I haTe s,ent seyeral hours with 9 Attorney Green from the State of Vermont talk1ag 10 sbout InternatioDal Paper. 11 As far as Mr. Howlaad's development, I baTe 12 been down there. I haTe seen homes within se"fersl 13 feet of the edge of the .ar.ho I think it is a cammon 14 misconception from one extreme to another extreme. 15 There is a marsh there and. then a :roisimg ground and 16 hard land. Mr. Howland has built and where he will 17 build further'h is buildlq on. hard ,ground. 18 Is it approximately 35 acres that you ftaTe 19 set aside Mr. How~lad? 20 MR. HOWLAND: Yes. 21 PlRo WITHAM: As tar as the other thing, I 22 won. 't get into dralnageo Drainage should be at least 23 a foot at the shore fron.t; that doesn't .ean 1 t should 24 be allowea.. (Jl a: Id I- a: - 0 0. Id I:t: I- a: :l o U '- .... N .... N I'i >< 0:: I .... ID '<l' o I'i >< 0:: >: Z Ii ...I ...I 0( IL (Jl Z Id ...I C) u z Ii 101 I- 0( o o (Jl (Jl 0( ItS a: 101 m Id :I i .( 1 17 There are people here that do all of 'the 2 damage. There should. be gi.e and take here. l'1'1e8e 3 people are desecrating the lake and are despoiling 4 the lake. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 VOICE: Mr. Witham shoald be the last one to speak. MR. KUSHIEi: We are getting 8way from the subject. MB. APPOIJ,.O: He should be the last one to talk about the legality of it .y friends. I know that the Association \..... not aoti.ated by financial gain or by greed. W.e are here purely for the lo.e of the lake and I think this should apply here. I believe Mr. Ho..land was advised before he moved. How, Mr. Coutant say. here the first house he put up should be let stand because he prObably acted in good faith. State officials can be wrong in gi.ing deci- sions that you all know. I happen to be an attorney and that.s why I all speaking out. I kno.. man,. judges who make wrong decisions. MR. HOWLAND: This gentleman is an attorne,. 22 and he can, .h~. you th4 tit is your duty to 0 bIIerve 23 the law. It is everyone'. duty to obserYe the law 24 and it is the duty of the~l~' Town of Queensbury to 2 3 ,4 " 5 N " .N c.; 6 >< ~ I 7 " ID 't 0 c.; 8 >< ~ >: 9 z ,; ... 10 ... e( It. III Z 11 III ... C) DI 12 II: III l- II: 0 13 Q. III .~ I- 14 II: ::I 0 U ~ 15 u z ,; 16 III l- e( u 17 0 III III cc 41 18 II: III m 19 III J: i ci 20 21 22 23 - 24 18 observe their own law. I bought the property after the zOlling was in existence just lilte &nyol'le else would do. The first thi~ I did was to study it the SU$mer betore ~ bought the property. The situation 1n this piece of property is ideal, better than anyone that 1s here. It is an ieleal s1 tuat1on. I stud1ed 1t before I bought the property. Iwasn't 111 aaTised. I haTe been in the bus1ness all of .y life and I say your lawyer 18 OD. ligated to follow the Is.. If you want, Qhange the zoning oXlnanoe but you can't stop .e. MR. WI1fHAM: I 8lIl going to agre. 11'1 th you. VOICE: To follow the law. If the law says inlHldat~, that's the State law which truscenda tbe Town Board Daw. MR. HEMMEft: If 1'011 CO down there and take and look at the elevation you will f1nd that the property 1s at least a foot betore the elevation. MR. HOWLAHD: How can 70U say inundated, you are talking about ra1n water. MR. HEMMEf'l': Your friend says we haTe the moral obligation but it is a legal obligation. MR. APPOLLO~ What you are interested in is a pocket full of money. jJ 2 3 4 " 5 (II " 1\1 l'i 6 )( 0:: I 7 " co '<t 0 l'i 8 )( 0:: >= 9 i ,; .J 10 .J <I: II. III Z 11 III .J ~ CII 12 I: III l- I: 0 13 0. III 0:: I- 14 I: :J 0 u 15 u z ,; 16 III I- <I: U 17 0 UI UI 0( ctI 18 II: III m 19 III J: Z .( 20 21 22 23 24 19 MR. HOVLAID: Sir, I wish I had it. MR. KUSHNER: Is e..ryone speak:i1lg loud enough fo r you. REPORTER: I would appreciate it if the people in the baek could speak a little louder. VOICE: I al.o own som. pareel of laJUl. Pm. KUSHNER: Pleaae gi.. your l'laIle. VOICE: Gerald Sol01l0n. I bay. a letter I would like to read. MR. KUSHIER: We would be happy to hear it. Please co.. fOMlard. MR. SOLOPlOJh Thi. i. a letter ataN..ad to JIIr.. Gerald B. So 1 omcm. , SllperYisor, Town of Qt1eenal:nlry, Queensbury Town Office, Bay 8lld Haviland Roads, Queens- bury, New York 12801. -Dear Mr. Solomon: I was forserly a Vice President and the Treasurer of' the Glens Falls Insuranee Company, and now retired and live ona 200 acre farm on Ridge lOad, approximately two milea 110rth of the Farm to Market Roado. Can you all hear me? AUDIENCE: Yes, ".'0 MR. SOLOMON: (Contilu,ling) -I, as well as 11 20 a l1U11lber of my neighbors, am concerned about the recomaen4atiol1 of "urphy & Kren Planning Associates to the Planning !oard to limit the sales ot property parcels to five or ten acre plots as well as some of the other restrictions on such sales that have been discussed at soa. of the Plannlng Board m.etings. I sincerely believe that any limit on the size of property plots to be sold should be unlform throughout the Town aad. tha t any zoning ordinance which applies dlfferent rules on land sales to thls part of the Town ls arbitrary and discriminator,.. I have no deslre presently to sell any of my land for a real estate developJHl1t or to any ind1 vidual, that it is not fall" or equitable to have the Town Beard aJ>prOTe any zonlng ordinance which preyents .8, a future oner of my land or .,. nelghbors from selling their land on exactly the I.e basis as any owner of land elsewhere in the Town. I belieTe the thought has also been expressed that one of the rea.ofts for the proposed rules ls to concentrate the growth of the 'rowa areas where water and sewer faeili ti es are not proT1.4ed. I f such a philosophy has any merlt, then any restriction on the size of land parcels to be sold should apply to all 1 -2 3 4 " 5 N " .N Pi 6 >< 0:: I 7 " III -: 0 Pi 8 >< 0:: >: 9 z ,; .. 10 .. 0( II. VI z 11 III .. C) III 12 II: III .. II: 0 13 II. III 0:: .. 14 II: :J 0 u 15 u z ,; 16 III .. 0( U 17 0 III UI c( cIS 18 II: III m 19 III 1: i ci. 20 21 22 23 ~. 24 21 areas of the Town which do not now have such facilities. Basically, I believe this philosophy i8 fallacious for the reason that those of us who li ye in the couhtry Can provide our own water and sewer facilities on a8 satisfactory a basis as those who are provided these services by the T0101. You have no doubt obserTed the number ofne. home. that have been but 1 t on Ridge and Bay Boads duri the last 10 - 15 years. Generally all of these homes are well constructed aJ1d 11~. 01It- on large lots. Throughbut the whole country there has been a great expansion of home building in areas which were foraerly considered ruralo I believe that this trend to aove to the country 1s just as strang here as in other parts of the country and Will continue. It. sure that lIost of the owners of these homes wanted to get out of Glen. Falls or other populated areas and did not want to live in West Glens Falls or the Aviation Road areas. I ~ sure that you will find that none of the owners of these properties wanted as lIuch as five or ten aeres of lando Any land plot over one or two aeres is a burden to the owner if he il a 'Working .an aad does not haTe the time or machinery l1ecessary to properly maintain it. I believe that the owners of ---~-"'-'- 1 2 3 4 r- 5 N r- N p) 6 >< n: I 7 r- 0 'f 0 p) 8 >< 0:: >: 9 z ,; .J 10 .J <( IL III Z 11 Id .J Cl UI 12 0:: Id I- 0:: 0 13 D- Id 0: t- 14 II:: :l 0 u 15 u z ,; 16 ... I- <( ij 17 0 UI III 0( <<I 18 0:: Id ID 19 Id J: i. ci. 20 21 22 23 24 22 saleable building lots north of Farm to Market Rosd shoUld be allowed to sell such lots on exactly the same basis as those in any other part ot the tom. It would seem also that any zoning restric- tion which requires that all land aales must contain OTer one or two acres is entirely descriminatory to the person who wishes to buy only a good-sized lot tor his home. Why should such a purchaser be required to pay taxes on more land tlen he desires? In fact suCh an ordinance would haTe the effect of encouraging future home owners to look outside of the Town of Queenebury for a plot of land which they want. Taxes in our Town can be only reduced or kept at a reasonable leTel by encouraging good citizens to build nioe homes and live in our town." This is the part that concerns our discussion (Continuing) "I also own a saall parcel of land whi eh adjoins Dlmham' II Bay. I all fully aware of the efforts of the Nature Coneeryanc1 Group and the Lake George Association to preserve the area. bearding on the Lake for wild11te and to prevent any property construction :which would result in J)Ollution of Lake George or detract from 1 ts beauty. I am sure that the owners of the plots of land such as mine do not 2 3 4 " 5 N " l\I Pi 6 >< It I 7 " 10 'of 0 Pi 8 >< It >= 9 Z Ii .I 10 .I e( II. III Z 11 III .I CI III 12 0: III I- 0: 0 13 ll. III It ... 14 II: ::l 0 u 15 u z Ii 16 III l- e( u 17 0 UI UI cc cO 18 0: III m 19 III :r; Z .( 20 21 22 23 24 2:3 quarrel with these objectives. I do resent, however, the efforts of special interest groups to control the sale and development of land to persons who will install the most modern systems to control sewerage waste and will preserve the beauty of the Lake. Here we have an effort of groups of people who are COIlparati ve17 well off financially, who generally live at tne lake only two - four months of the year attempting to maintain their status quo and prevent other people les. fortunate from eJljoying all of the advantages which Lake George offers. This i8 basically.... distinetion a1'ld I don't believe tbet Town Board should subject itself to these pressures. It would seem that we have seen al1d. are seeing througholtt the country the problems which arise when minority groups are depri ved ot right s to .hi eh they believe they are entitled under the laws of our eountry. Unless our Ton Board is intelligeJ!lt enough to proteet the rights of small land owners and minority groups, it 1s not unreasonable to expect that legal action will be taken in due time by these gr'Oups to enable them to establish and protect their rights and ferce the 'fown Counsel to reverse any lmfavorable aetion of a aiseriminatory nature the~ might take with respect to zonin!. It would se_ that our Zoning 1 2 3 4 .... 5 C\1 .... C\1 Pi 6 >< n: I 7 .... ll) o:t 0 Pi 8 >< n: >: 9 z ,; ... 10 ... <I: II. III Z 11 III ... C) III 12 a: III I- a: 0 13 Q. III n: I- 14 a: :J 0 U 15 Ii ~ III~ 16 III I- <I: U 17 0 Ul Ul 0( ctI 18 a: III lD 19 III I: i -i 20 21 22 23 24 24 Board and Town Counsel can forstall such action by carefully considering the rights and interests ef all the residents of the Town before approYlng and ZOIlUlg ordinances which are considered discriminatory and unfair to resi.ants in certain areas. Your attention is directed. to the enclosure which seems most appropriate to the present problea. The article would seem to conftrlll 80me of the thoughts I haye expressed above. Because we preaently have no Counaelaan representing the interests of residents north of the Farm to Market Hoad, I urge you to Bee that our interests are fairly presented and protected and that no zoning ordinance. are adopted which will be detrimental to the gro.th of our Town. Very truly yours, Earl E. Sand.- (Audience clapB.) MR. KUSHNER: Anyone else? MR. HEMlm'1'T: Several things YOll SUIl up I would like to coament on. First of all, the people that are here are interested in everyone being able to enjoy the wetlands; they are not here to advise for or against anybody. As the State Representative indicated he represents the 2 3 4 " 5 (II " !II Pi 6 >< 0:: I 7 " 10 "t 0 Pi 8 >< 0:: > 9 i ,; oJ 10 oJ c( II. VI z 11 III oJ CJ VI 12 II: III .. II: 0 13 D- III 0:: .. 14 Il: :J 0 U ~ 15 u z ,; 16 III .. c( u 17 0 VI VI 0( dS 18 II: III m 19 III 1: i .( 20 21 22 23 24 25 people of the State and we feel our interests are consistent with his because we are interested in the wetlands being available to the citizens of the Town and people of the State for general enjoyment; as .e11 as the protection of Lake George and the ..tlandso I haTe asked you to include iD the record, whieh you did ar;ree to include in the record, letters wherein there are a nuaber of reaseJ'la stated 'by':. " Dr. George why the wetlands should be protected. In regard to the law of the 'town, s_e aomel'lt ago the remark was made~ I see the Town Attorney up there, I am sure that he is cognizant with the zoning is~e. I am concerned ~bat the record be accurate. It is lilY UJUleratan4ing that a large scale development could be regulated, sheuld be subject to regulation, att.~the first installation was built. Row the problem is betore the Town Officials as well as a cone~rn to the State. Also the last thing I would say. I think all of our conversation tonight and all of our conversation at the prior Planning Board hearing had to be -- this is the Planning Board, right? MR. KUSHNER: (Nods.) MR. HEPlKET'f: 't'here has been a lot of talk _._-~-_.- 1 2 3 4 " 5 t\l " t\l p} 6 >< n: I 7 " 10 "3' 0 p} 8 >< a:: >: 9 z ,; oJ 10 oJ <C II. II) z 11 1&1 oJ Cl UI 12 II: 1&1 I- 0: 0 13 II. III It: I- 14 0: ::J 0 u 15 0 !; ,; 16 1&1 I- 0( u 17 0 II) III cC ctI 18 II: III m 19 III I: i <i. 20 21 22 23 24 26 about the appropriateness of a preliminary proposal in the ordinance and I have not found any particular reference to a preliminary approval. I am not SU~ We have any defini tlon and I all flot sure 1 t i8 neceslary. But 111 underst.aBding i8 roughly BOlleone who is intend- ing to make an investment can post and state his intentions sad. get seae indicatio!l he i8 proceecling in the right d.irection or get sOIle sort of guidance. That's fine. We all understand and appreciate that. But I would suggest because of all the things that haye eo.. Gut at this lIeetillg as well a8 at the prior Planning Board meeting and intervening meeting, which I would ask you to consider that a n~ber of serious i88ues have been raised and have been docu- mented for your consideration and that these should all lead 'OU to consider a denial of a preliminary application. A preliminary application is approval, is appropriate when everything looks good when everrt looks there won't be harm to adjacent property owners. The risk to the developer is mlnimal. You might see when the general public would not be d.8,IIaged and per- haps benefit many. I .~est that all this should lead to a denial for preliminary approval. In conclusion I would point out I haven't ------- 1 2 3 4 " 5 (\\ " N Pi 6 >< n:: I 7 " II) <t 0 Pi 8 >< n:: >: 9 z .; ..I 10 ..J <( I&. !II Z 11 III ..I C) UI 12 It III I- It 0 13 0.. III It ... 14 0:: :J 0 u 15 u z .; 16 III I- <( U 17 0 ClI 1/1 c( 4S 18 It Id lD 19 III I: i -i. 20 21 22 23 24 27 accepted Hr. Hovland's i.vitation to tour his property. I do go by there freq\1M1tly, I have inspected his map which is filed and talked with people who have been at the property; and it is my impression that he has a large pi..e of property there and there are in fact other areas where he eould de.elop without danger to the wetlands. So I would say any atmosphere of hard- ship on him should be considered 1n light of the fact that this is not the only parcel. He has other areas where he could develop without danger and without concern; which he has indicated ss good, high and dry building sites. So I would suggest based on all of this in behalf of the people who I represent, I would ask that you deny the application for preliminary approval. (Audienceuclaps.) MHo HOWLAND: As long as we are on the record tonight; this has been reviewed many, MaDY times and I am sure the same people are here again. I wasn't going to sa1' a word tonight. You suggested I have other lands and onee again it is the very thing I tried to impress you people here. That's what we want alsoo We are not desecr.ting the swamp as has been sat d. Weare no t dredging the swamp and I 2 3 4 r- 5 N r- ill l'i 6 >< 0:: I 7 " U) "l' 0 l'i 8 >< 0:: >: 9 z m ... 10 ... <( II. III Z 11 III ... ~ III 12 II: III .. II: 0 13 II. III 0:: .. 14 II: :l 0 U , 15 u 3 III' 16 III .. 0( U 17 0 III VI c( ell 18 II: III m 19 III I: i < 20 21 22 23 24 28 can't seem to get across to you folks and I invite you again. We have been forced to move out of the area because we were not given permits but by the middle of next week we will be working there again. I invite you, I believe that is fair enough. I invite you to come out there. I will stop 'Work and take you down and show you the area. I auggested that before. I think it is a very fair thing. I will show you we are not working in water. Maybe the Lord can walk on water, I haven't been that privileged yet. As far as approval or disapproval,I went to Mr. Cune, who is Senior Attorney for the Land Claim Division of the State of New York with my son. We met with Mr. O'Dell who i8 associated with the Land Planning Division of the State of New York. We went there four days after the meeting of the 8th. At that time, Mr. O'Dell told me or he informed Mr. Cune that the Planning Board was obligated to give approval or disapproval within 45 days. Mow, I brought this up at the meeting, I received a letter from Mr. Cune stating the State's position. The 45 day period was up on the 17th of June. According to instructions we haTe from the State level, we have approval by default. 1 2 3 4 " 5 l\l " ~ M 6 >< n: I 7 " Ul "t 0 M 8 >< n: >: 9 z ~ VI .J 10 ..I oe( II. III Z 11 III .J l!J VI 12 D: III I- D: - 0 13 II. III n: I- 14 D: :J 0 u 15 u z iii 16 III I- oe( U 17 0 tII tII c( ca 18 D: III m 19 III 1: i "" 20 21 22 23 24 29 Now, I send a oopy of this correspondence to the Town At~rneys and ask them simply to follow the law as I am doingo I believe the people feel the same way. You must follow the law. You have been all been given the wrong impression; it's been deliberate. I believe I am making a fair proposal. We ...,., just as interested in preserving the condi tion of Lake George as anyone. Now the fact that I am building less expen- sive houses, I want to tell you all that I have done a lot of testing on my own. I have tested the waters around Rookhurst and if I printed it in the paper you wouldn't like it. I bet anyone here to do the same thing by independant testors. Take tests around Rockhurst, Assembly Point, and a oouple of the coves by independant testors and print 1 t right in the paper and let the chips fall where they w111 _ whioh is something you wouldn't dare do. I .ave a lot of friends there and I don't want to hurt them. But I haye be_ pressed to get sewage systeas in there. This is what you must do. You have a fabulous organization only if you directed your effort in the right way you could clean up the Lake. You are close to disaster. You don't seem to 2 3 4 " 5 C\I " t\I p) 6 >< 0:: I 7 " 10 't 0 Pi 8 >< 0:: >= 9 i ,; oJ 10 oJ e( IL Ul z Ii III oJ CI Ul 12 a: III l- ll: 0 13 II. III 0:: I- 14 II: :J 0 u 15 ti z 1Il~ 16 III, l- e( u 17 0 III Ul 0( all 18 II: III lD 19 III 1: i ci. 20 21 22 23 24 )0 understand that and 1o__re blaming me. You haven't put ....r~sy8t81lls in. I am in"iting you to see where we are putting the sewer system - you must make your efforts in the right direction. You are tryin~ to stop other people who are juat a8 interested as you are. You would never know that from What you hear. It's wrong what you said, very, very wrong; we do have appro Tal by default. I don't know what the reacti on is go lt1g to be here. All you had to do was approve or dlsapproTe with a reason why. That's all we asked for. I haTe the letter from tbe Senior Attorney of the State of New York; they all have coples here. He spells it right out, I brought it out in the meeting. '1'hey didn't want to follow along. Ve have approval by' default. I don't know what the problem is about. What's going to happen here, it will probably be a legal question but we haTe waited 1ty:.Qilt. Mr. Morton, did you get full cooperation from us in waiting as to what Nature Conservancy was going to do? KR. MO!lTON: I don't know what you mean by cooperation. MR. HOWLAND: The information you wanted. ----~- 1 2 3 4 " 5 (II " (II cwi 6 >< 0:: I 7 " \0 <t 0 cwi 8 >< 0:: >: 9 z .; ..J 10 ..J e( II. III Z 11 III ..J C) 1II 12 It: III l- I: - 0 13 II. III 0:: I- 14 II:: :J 0 U , 15 u ~ III' 16 III l- e( U 17 0 UI III c( CI 18 It: 11/ m 19 III 1: i .t. 20 21 22 23 24 31 You said they were considering, we said we would sit tight and wait. A. far as we were concerned we did everything legally. MR. Jl[OBTON: You haTe been. oontacted by Nature Conservancy? MR. HOWLAND: No, sir. We were contacted by appraisers. We spent hours with themo MR. H01rl'ON: You were oontacted by repres- entatives of Nature Conservancy? MR. HOVLAJiD: Contacted by two appraisers for the State of Wew York. MR. l'IORTOW: You and I talked twice on the telephone and I informed you that the State and Nature Conservancy is moving hand in hand. PIR. HOWLAND: Wbat I am tr,i21g to state on the record we haTe cooperated within the law with the Town Board and with the ConseMation DepartJBeBt _ with eTeryone. MR. KUSRlfER: I recocni ze the t;entleaan in the back. PlH. QUIRK: Mro Howland, I was told that the parcels of land where the bu.ilding site ls, that in the deed there is 80me statement that these people had acce.. to Lake George. .... N .... N Pi >< It: I .... Ul 't o Pi >< It: >: Z ,; ..I ..I ce II. 1Il Z III ..I CI tlI Il: III l- ll: - 0 4. III It: l- ll: :J o U ~ u z tlI~ III l- ce U o 1Il 1Il c( ca Il: III m III :I: Z .( '- 1 2 32 MHo HOWLAND: Yes, sir. MR. QUIRK: According to Glens Palls 3 Chapter it is considered extremely dange~us. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MR. 1I0WLAND: Why? MR. QUIRK: Because there is a delicate mud bottom in that section where you are building your lota. Unless you are going to use air boats to get o.er this .ud bottom; the.e power boats will whip up the mud bottom of the swamp. MR. HOWLAND: Sir. I have to interrupt you right now. Right now in the .iddle of the creek there is eight foot of water. You want to come down. we have get a canoe. I will taKe you out and let you measure it. Once again. it is a misconception. It is fifty feet wide and there 1s eight foot of water. MR. QUIRK: Vill it hold all of the ~','~, up. MR. HOWLA:ND: Beyond.. it gets shallow and 21 it di es. I ha.e been up there JItaI11 times. We are dead 22 set against power boats in there. Ve btrft covenants 23 of our own against it. 24 Now, you say you have been up there. Why do ~ III a:: III I- a:: - 0 0- bi It I- a:: :J o U ',-...-/ " N " N Pi >< It I " lD "t o Pi >< It >: Z .; .J .J <( IL III Z III .J C) u z III~ III I- <( U o III III c( <<l a:: III CD III J: i. <. 33 1 you object to people living out there? It doesn't 2 make sense, does it? 3 (Ho response.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. KUSHHE:B: Let the chair recGpize Plr. Coutant. MR. COU'l'ANT: In answer to Mr. Howland's question. Has the map that has been su1::llli tted been made a part of the record and will it be 80 if it has not? MR. KUSHNER: Repeat the question. 6. COUTAN'l': Will the map; I understand Mr. Howland made an application for approval within a certain period Qf time. Is that particular document ,part Qf the record and if not, I request that it be made part of the record. MR. KUSHNER: Yes. Pm. COUTANT: Is this the map? PIR. HOWLAND: Yea, sir. MR. COU'rANT: Mr. en.i Nan , I ask you to 22 tell .e the dates attached to this map? 23 24 MR. KUSHNER: No dates on this -ape PYR. COUTANT: I would ..ky'4Ql st- _ tire 2 3 4 .... 5 N .... tII 6 iii >< It I 7 .... eD .;r 0 iii 8 >< It >: 9 z .; ..I 10 ..I <( II. (IJ z 11 III ..I 0 (IJ 12 0:: III .. - 0:: 0 13 D- III Jr .. 14 II: ::J 0 u 15 0 z .; 16 III .. <( 0 17 0 III III 0( dl 18 II: III m 19 III I: i ~ 20 21 22 23 24 34 name of the person who drew this map? MR. KUSHNER: That I all unable to do. MR. COU'l'A1fI': Is that a complete map if you don't haTe the date and the name of the person who drew it? MR. KUSHNER: These are pieces of a map that should be on an appropriate map. MR. COUTANT: In light of those stat_euta I would say you haTe ftot had aD application made yet under which you had to act within 45 day.. You wouldn't latow who to send tbe answer to eTen if you did deci4e; eTen though we know Mr. Howland is here _ that the map i. not c..plete. MR. KUSHNER: I recognize someOJ'le down the back. MR. COUTANT: One final thing. I happen to work --- VOICE: We can't hear you. MR. COUTANT: One final thing. I would like to say that I work for the State as a Senior Attorney. While it may seem significant to people who don't work for the State, within the State it is a moderate level of competence. 50 I would say Senl.~ Attorney is far from the top it is not at the bottoma " N " !II l'i >< 0:: I " ID '" o l'i >< 0:: >: Z ,; .I .I <( II. UI Z III .I C) III a: III ... a: -- 0 II. III n: ... lr :l o U c.i z ,; III ... c( U o UI Ul c( 411 lr III ID III :r: i c( 2 3.5 VOICE: There is more than one? MR. COUTAHT: In the department I work out 3 of, there are seventeenattorneYI; twelve of them are 4 senior attorneys. So the bulk of the attomey8 do 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 work for the state. After you work three or four years you become a senior attorney. MR. HOWLAND: To clarify the record. (Mr. Howland reading a letter.) -To1ft1 of Que en sbu ry , Planning Board. Attention; Arthur Norton, Secretary.- This i8 dated May 3rd.. .Sir, attached i8 the plan for preliminary approval of Still Creek Inc. de.elopMent. The develop- ment is located as you know west of Ridge Knolls Devel- opment, one-half mile north of Farm to Market Road. This 6.5 acres, approximateJ.y 30 acres haTe been set aside for aceess to the creek on the southerly side where in due time we plan to apply for a loa4ing ramp from the Conservation Department for the use of residents of Still Creek and Ridge KnOlls.- On May 6th at approximately 7:00 p.m. Mr. Roberts and Mr. Kushner visited the site with myself 23 and my son and we walked part of the 8i tee Mr.. Kush- 24 ner, now this is the first step the P1attning Board r- N r- N I"i >< n:: I r- eo '<:t o I"i >< n:: >: z rn ..I ..I <( II. Ul Z III ..I C> Ul lI: III t- o:: - 0 II. III n:: l- ll: :J o U u z Ul~ III l- e( U o III (II c( 41 lI: III III III I: i .( 36 1 takes after preliminary approYal. 2 MR. KUSHNER: No, correction; after appli- 3 cation. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. HOWLAlfD: Beg pardon" MR. lUJSHNER: You said after" approvallt_ after application. MR. HOWLAND: I all sorry. It was indicated the technicality of the lack of name or dates. There is no question they visited the site. They were aware the plan was beiftg submitted. Now, I will complete my notes if I .ay as long as we are making a record here. Mr. Kushner told us he was opposed to the development on general principals and he would .ake a t"~, case if he had to. I objected to his approach expressing the view he had eTery right to try to get the area rezoned and I haTe ev.~ right to keep the areas zoned as it is. But Tery definitely he as a member of the Town Board was in .-y opinion to pass judgment Oft a plam from a legal point and froll his viewing only; no special uses or va~aDCes were 22 being asked for. The erea was zoned for exactly 23 what we planned to do. So my son and Mr. Roberts 24 said nothing. I would go through our entire proposal I"- (1/ l"- N Pi >< 0:: I I"- lD 'If o Pi >< 0:: >: Z ,; ..J ..J <( II. Ul Z III ..J C> III 0: III ~ 0: - 0 II. III 0:: t- o: :J o U o z ,; III ~ <( U o Ul III 0( ca 0: III m III I: Z -i ',~ 3'7 here biltt 1 t would be repeti t1ous. 2 I do want to say that I have a petition, 3 not a lengthy one, w1th 500 names on it of the 8ur- 4 round1ng property oWllers in the matter of the proposed 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 subdivis10n plan by Still Creek Inc.; .......t officially by Stein and Chambers. M'fo whom 1 t may eoncern. We the under- signed owners of the property of the Town of Queens- bury, County of Warren, State of Ifew York, said propert being located at tke address shown and all of the property situated northerly of the Farm to Market Hoad are familiar with an~ have seeft the proposed subdivision plan to the Planning Board and have no objection to the approval of Baid subdivision plan an4 do hereby consent to the appro....l of sllch 4i..i110n plan.M For your information I have all but one of the property owners that surround .., this encompaSBes 400 acres, and the one person I don't have ls a very fine old lady, she was bedridden at the tiae. Sil1ee 21 then, I talked to her and she sald she w~4 be 22 delighted to sign. She is probably eightY-SOlie years 23 old. 24 MR. KUSHNER: I did l'lot use the word UI << III I- << - 0 II. III a:: I- 0:: :J o U " C\l " C\l Pi >< 0:: I " to '<t o Pi >< a:: ~ z m oJ oJ e( b. fIl Z III oJ ~ ~ U z UI~ III l- e( U o VI III c( <<I << III III III J: i .( 7 8 9 10 11 12 13 14 15 16 17 18 19 20 38 1 atest case" nor am I a member of the Town Boa~. 2 MR. WITHAM: Mr. Kushner, I am a little 3 unclear 1IfaS the map or a facsillile of that which you 4 now have before you presented to you people some t~e 5 in early May? 6 MR. KUSHlfEH: The map was, yes. PUl. WITHAM: It has no date. You verifietl it vas presented to you in early ~ay? MR. KUSHNER: HInt., hil1l1ll. MH. WITHAM: Thank you. MR. HEI'IKE'.M': In the conyersation which has just taken place, aince I requested a decision by the Board, I suggest nothing that has been said changes the remarks I have said. Tbe only thing perhaps, it is your legal authority to consider matters of ebology in aaking Town decisions effecting zoning and planning. I have and I w1ll hand to you a photostatic copy of a case from the State Supreme Court, b.app Realty against Ludwick 0 The Court held that Town authorities ahould 21 consider ecology in making decisions and once again I 22 request your denial for preliminary approval at this 23 tiae. 24 Pm. KUSHNER: I recopi ze the hand 1ti. the III II: III l- ll: - 0 II. III It I- 0: :J o U ,; III l- e( U o III Ul < '" II: III m III :r i. <i '~ 39 back. 2 MR. SHIRES: Are you going to make a decision 3 tonight? 4 " N " (II III x It I " 10 "" o III x It >= i. 5 6 7 8 9 ,; .J .J <( IL Ul Z III .J CI 10 11 12 13 14 u z 15 16 17 18 19 20 HR. KUSHBEB: We are up here, yes. MR. SHIRES: lIaT we hear it. MR. IUSHNEB: We wanted everyone to have their say before we get to it. MR. O'HANLOlh At the 1'01lll1 lleetil1g I con- tradicted Mr. Howland. He ma6e a statement be wal high and dry, good seTen to eight feet aooTe the level of water and my .arl~ photographs shew that the water, I-'-contradicted by saying the land was below the water. I 8JIl gotng to contradict hi. again; not 150 feet and eight feet, it's ere like 70 feet, more like 70 feet and it'. ll1possible dttring the months of August and September because of Tegetation and water lilies and other vegetation that coapletely encompa.. the water during those months. Unless he used weed cutters aDd ehemieals during those months and dredge on outboard motors he 21 could ..ver make a trip up there. I take my duck 22 board where he is deTeloping and I always Use 30 to 23 35 inches of line, that's in the center of the creek. 24 I say it's impossible, it's impossible with a aotor 40 during the months of August and September. MR. HOWLAND: Just for the record. I haTe been all of the way up to .y property in a 22-1'oot criss craft in August of last yearo MR. WITHAM: Sincerely, I am interested. Is there any particular reasoR, in ~epresenting this illustrious group and doing so with good lIorality, you have not made a personal inspection partiCularly in view of the broad encompassing reque.t you have made tonight to see for yourse~^,'r MR. HEMMET'1': I was interested in a.king a visit and I spoke to Mr. Norton about the possibility of visiting the property. He told me he had contacted Mr. Howland about a visit and was asked to come on the 15th, is that right? MR. HOWLAND: I said we would be back at the development around the 15th. MR. WITHAM: At the last meeting one month ago approximatelYt Mr. Howland mentioned several times very clearly with clarity that everyone in the room lias invited to come. Mr. Kushner, when you made your visitation did you find any house in construction in progress other than above water level? VI ~ III t- ~ - 0 D- III 0:: t- It: :l o U '~ 1 41 MR. KUSHNER: Well, it was because fill had 2 been brought in. 3 MR. WI~HAM: Fill to grade the sides or fill 4 to grade the lowest part of the foundation? " N " N p) >< 0:: I " eo 'It o p) >< 0:: >: z 5 6 7 8 9 m ..I ..I 0( II.. VI Z III ..I t9 10 11 12 13 14 u z 15 m III t- o( U o VI fII 0( 41 It: III lD III J: i .t. 16 17 18 19 20 MR. KUSHNER: I would say fill for the foundation. MR. LES~ER: I want to ask a couple of questions in regard to Mr. Howland. You admitted in the deed they do haTe access to the Lake? Mli 0 HOWLAND: Yes. MR. LES'fER: Because the property goes up to the creek? MR. HOWLAND: I bought it because of the Lake. MR. LESTER: Did I understand going north toward the Lake? MR. HOWLAND: No, 110 going south. I would be very happy to see the 'fown of Queensbury limiting the creek to any motor not in 21 exoess of threetDrsepower. It was mentioned 1 _ It. 22 I dontt think every manufacturer would qualify. We 23 would support wholeheartedly maximum horsepower _ 24 three horse. 2 3 4 ..... 5 N ..... .N Pi 6 >< 0:: I 7 ..... 10 .... 0 Pi 8 >< 0:: >: 9 z ,; ... 10 ... <[ IL. III Z 11 III ... Cl III 12 a: III .. - It 0 13 II. III 0:: ... 14 II: ::l 0 U , 15 u z ,; 16 111 .. <( u 17 0 III III -.( dI 18 II: III OJ 19 III J: i .( 20 21 22 23 24 42 We expressed this for a long time for eon- serystion reasons. We are just as interested in fish- ing, eanoing, row boating as anybody. MR. JOSEPH SCHJtlIDIGER: I am addressing Mr. Howland. The fact is you bought the property for the express reason that all of the property would have acoess to the lake? MB. HOWLAND: That's correct; 2,000 feet of frontage. MR. JOSEPH SCHMIDIGE1l: Many times we haTe heard it is all swamp. We all heard he actually got his big boat in there. Did you get your propellensfouled? ME. HOWLAND: No. Pm. JOSEPH SCHMIDIGER: What, what do you expect to do; bring a boat in and out from the swamp? I'm. HOWLAND: No, I just went to see what it was like. I'd been up there itany times and I went up there to see what it is like. MR. JOSEPH SCHMIDIGEB: The people you are selling to haTe access to the Lake? MR. HOWLAND: Do you 11Te on the Lake, sir? MHo SCHMIDIGER: Definitely. ME. HOWLAND: I bought the property to bui Id ~.,~-_.,---- 1 2 3 4 " 5 (II " 11/ ci'J 6 >< It I 7 " CD .., 0 ci'J 8 >< It >= 9 i ,; .J 10 .J <( .... III Z 11 III .J C) III 12 It III I- It 0 13 II. III It I- 14 0: :J 0 U . 15 t.i z ,; 16 III I- <( U 17 0 III VI ~ If:I 18 It III m 19 III :I Z <( 20 21 22 23 24 43 homes and people living there could have access to the Lake. MR. SCHMIDIGER: You had to dredge before MR. HOWLAND: We do not. No, you can't dredge. The law prohibits. We have no intention of doing that. MR. JOSEPH SCHMIDIGER: If the people you are selling to should go through the swamp and weeds MR. HOWLAND: If they choose, yes, sir. I wasn't aware that's a crime. HR. KUSHNER: The chair reoopizes this gentleman. MR. ADAMSON: Mr. Howland, may I ask you if you put in X number of houses there, say fifty, and there are fifty lot owners that want boats on the Lake, how do you ..vision these fifty lot owners handling their access to the creek? MRQ HOWLAND: Trailer thea}down, put them in and trailer them back out. JIIR. ADAMSON: No w81 they can lea.,.e them in over night? MR. HOWLAND: No. sir. MR. ADAMSON: Suppose they are fishing in the lIom1ng and go home for lunch and want to eo.e 2 3 4 r- 5 N r- N l'i 6 )( 0:: I 7 r- 10 'Of 0 l'i 8 x 0:: >: 9 z m oJ 10 oJ <( .... VI z 11 III oJ Cl CII 12 II: III t- II: 0 13 Q. III 0:: .. 14 0: j 0 u ~ 15 u z Ii 16 III t- oe( U 17 0 III VI 0( ell 18 II: iii m 19 iii J: i < 20 21 22 23 24 44 back, what do they do? VOICE: You got fifty boats. MR. HOWLAND: If you had two or three boats --- VOICE: This l.at weekend? MR. HOWLAND: Sir, it's not e~en worth answering. Jim. JOSEPH SCHMIDIGER: Sir, you said you have fifty houses and you ha~e two or three boats, yet you say you lfOuldn't haTe bought the place unless you had aecess to the Lake? MR. HOWLAND: That i8 correct. MR. JOSEPH SCHMIDlGER: Vill you have at least fifty boats, not three as you say? MR. HOWLAND: All of us, if we had. aeeess to the Lake, will have a boat. MR. KUSHIER: We ba~e someone else. SANDY COLLIER: The question was presented at the meeting before last meeting --- MHo HOWLAND: Two aeetings back. SANDY COLLIER: You had the fifty boats --- MR. HOWLAND: You said that. SAlmY COLLIER: We take fifty boats, wtat kind of boats are these going to be, are you going to 1 2 3 4 " 5 N " N p) 6 x e::: I 7 " 10 'O:t 0 p) 8 x e::: >: 9 z ,; oJ 10 oJ e( II. Ul z 11 III oJ CJ Ul 12 0:: III I- 0:: 0 13 0. III e::: I- 14 0:: :J 0 u 15 t.i z 1Il~ 16 III l- e( U 17 0 III III c( <<S 18 0:: III m 19 III :r: i .( 20 21 22 23 24 ----.--- 45 have fifty canoes paddling up Lake George? MR. HOWLAND: I wouldn't know. SANDY COLLIER: It' IS very ideal to have canoes but you can't have them with motor boats on there. You want this creek for access to Lake George. Why, then? MR. HOWLAN.Q: Block it off if you want, I don't care. SANDY COLLIER: You are going to destroy part ot the Lake. MR. HOWLAND: Do you boat on the Lake? SODY COLLIER: No, most of these people here do. 1m. HOWLAND: Do you urge they should be stopped? Do you think they should be stopped? SANDY COLLIER: Excuse me, I think that is a Tery good idea. If the boats cou14 be li1li ted on Lake George I think it would help pollution; like Henry Diamond 88id a month ago, he said Lake George is not polluted. MR. HOVLAND: He drank the water - big deal. SANDY COLLIER: I don't believe this. MR. HOWLAND: I live on the Lake and we boil 46 all of the water. SANDY COLLIER: I think it i II a good idea for the boats to be limited - not more to be put on; which we are asking yau, not to put more houses Oll this MR. HOWLAND: I am very sorrr. Well you aisht say the same things to these people. SANDY COLLIER: I think they should.n' t have more on the Lake. MR. HOWLAND: If you clon't live here, you can't put your boat on there; and I ea't put 111 beat on Lake Champlain. I am sorry JIIi ss, 10U have got to mature your thinking. RERE CHAPIUS: You mentioned 1 - Ii horse- power. Are you incorporating that in your deed? Are you including in your deed sOlle limit? KB. HOWLAND: We would be in fa.or of Queensbttrr Town ordinance limiting the horsepower not in excess of three or t_ and a half. MR. HElIE CHAPIUS: Don' t you think you could. limit tln two har..power", in your deed? MR. HOWLAND: I can It control the water any place. MR. BENE CHAPIUS: I want to disagree with 47 you and I render I went up that creek last year in my i!lboard outboard, I burned up my motor 'because the whole thi~ got clogged up wi tb weeds. I didr1't get near your property 0 On the way back I hi t IIY prop,. MR. KVSHNEB: The hour is getting late. I all goin.g to reco!J1ize anyone no has not had the opportunity and then the Board will take action. MR. STEWART: Our department in very preliminary testing in Dunham's Bay has found that you can expect the percentage of phosphate levels to be ten times higher. Now, there is no way to tell how much of this bottom mud is gOing to be stirred up or how much is going to 'be released in Dunham's Bar. I think 8Jl;rbody who owns a boat on the Lake i. quite aware of what you can do when you hit shallow water. Regardless of that, the quality of the water will change. 'rhere is no way you can release into the Bay without adding to the Bay itself. So, unless you keep the power boats off the creek entirely, because Mr. Howland, this isn't within your legal right, if the Town of Queensbury is 0011- pletely willing to put half horsepower limit on this creek, there Will be no probl... Unless that is done, Mr. Howland's property 1s available for anyone with any 2 3 4 "- 5 N "- N ~ 6 )( 0:: I 7 " lD '" 0 ~ 8 )( 0:: >= 9 i Ii .J 10 .J e( II. UI z 11 Id .J C) UI 12 II: III l- ll: - 0 13 D- Id 0:: I- 14 II: :J 0 U ~ 15 u z ,; 16 III l- e( u 17 0 !II UI C ctI 18 II: Id m 19 Id 1: i c( 20 21 22 23 24 48 boat to get up there. Dunhaa's Bay will suffer, there is no two ways about that. (Audience claps.) MR. HOWLAND: May I uk 8. question? You said percentage of phosphates there? MR. STEWART: That's right. MR. HOWLAND: Did YGU test? MR.. STEWART: Yes, we began a series of tests up in Dunham's Bay on the roek aDd mud that are in the marsh lands. PIR. HOWLAND: You 88Y .we., who is .we.? MR. STEWART: I am talking of i1'14iY1dua18 with the Lake George Research Center of the State University of New York. (Audience claps.) PII. COUTANT: I believe the record should be accurate, I bel_e 1t is Doctor Stewart. MR. HOWLAND: I agree this 1s a serious problem. Isntt it true that tests haye been made, sUMe,.. ha'Ye been Rlade that cost up to a million dollars and haye 11'141 cated 86- per cent of phosphates are coming Gut of sewer syst_s iu Lake George because they haven't been willing to p.t the third bays 11'1. 49 DB. S'fEWART: Let's be careful what you are saying in front of these people. Let us be careful what you are putting on the record. You are putting together 8e~eral numbers that do not cOIae froll the same .ource to come up with that figure. I will be aelighted to sit down with you and show you. Further lIore, you will see information within the next six week period come out from a State agency showing that is not so. MR. HOWLAND: I would be interested to see. ME.. KUSHNER: Anyone 11'1 shing to speak. Mr. 1fl'tham,I ammt recognizing you. MR. WITHAM: You have recognized me. MR. KUSHNER: This gentleman .i th his hand up. PAUL BRANDT: I would like to ask the Board a couple of questions. One thing came up earlier was that if the Planning Board did not make a recommendation within a 45-day period it was autoeatlc. I would like to hear the Towa Counsel's opinion on that. The second thing I would llke to know, bow yo. people base your appro~al or disapproTal. I aSSUMe 2 3 4 " 5 CII " .CII Pi 6 >< II:: I 7 " 10 'It 0 M 8 >< II:: >: 9 z rA .J 10 .J 0:( It. VI z 11 III .J CI VI 12 It 11/ t- It 0 13 II. III II:: t- 14 II:: :J 0 u 15 u z Ii 16 III t- o:( U 17 0 Ul Ul 0( <<I 18 II:: III m 19 III I: i ci 20 21 22 23 24 .50 it haa to be according to present laws as they are written or could you integrate a stop gap? MR. KUSHNER: The Planning Board cannot enact a stop gap zoning 80 we haye no authority to enact a stop gap. ~s far 8J your other question which was addressed to Mr. Katz, would you care to reply, Mr. Katz? MR. KA'fZ: Mr. Chairman, let me preface .y answer this way. As counsel for the'~o1m Board and directly and indirectly to the variou~administ2atiYe boards including your J'18l1ning hard., I 8IIl charged to render certain legal opinions. Because of this, I have not visited the site. I don't want to be Motivated by my own personal likes or dislikes. I am motivated solely by what the statute says. I am 80lely conceraed with reco_ending to your Board and any other board the application of the laws as we find them. In this particular instance we have three distinct and separate laws to apply. We haye State statutes t part! eularly Art! ole 16 of the Town law t which happens to be about zoning and planning. We have the Town. zoning ordins,uce of the Town of Quee118- 1 2 3 4 " 5 (II " (II l'i 6 >< a:: I 7 " U) 'o:t 0 l'i 8 >< a:: >: 9 z ,; ..I 10 ..I <( I/.. VI z 11 III ..I C> VI 12 I!: III l- I!: 0 13 II. III a:: ... 14 I!: :J 0 u 15 u z ,; 16 III I- <( U 17 0 III III 0( <<I 18 0: III al 19 III :r: i .( 20 21 22 23 24 51 bury and we have the subdivision regulating ordinance of the TOD of Queens~. These three set. of law must be all applied because as the State statute says and I ~uote in Sec- tion 269, .Whenever the provisions of any other statute or local ordinance or regulation imposes other higher standards th~ are required by regulation aade under the authority of this article,. Section 269 Article 16, .the provisions of such a statute or local ordiaance or regulation governs in vi...of the statute of the Stat.o. We must then refer back to the subdivision ordinance and zoning ordinance. There is no provision in either subdivision ordinanQe or zoning ordinance for .preliminary approval. sinee this is the higher standard, we Blust apply this standard. Therefore, this Board has within its province the right to accept or reject the plan without render- ing any preliminary approval and since it has this right my interpretation of this section of the law is that they are allowed to refer to the Town law that does not apply a provision for preliminary approval. My entire province is to interpret the law for the Town Board and other administrative agencies. I interpret with the best of -1 kftowledge based on 2 3 4 " 5 (II " 1\1 twl 6 >< 0:: I 7 " ID ..,. 0 twl 8 >< 0:: >: 9 z ,; ..I 10 ..I <( II. UI z 11 III ..I C) III 12 Jl: III .. Jl: 0 13 II. III 0:: .. 14 II: :J 0 u 15 u z ,; 16 III .. <( \; 17 0 III UI c( 4S 18 a: III lD 19 III I: i c( 20 21 22 23 24 52 the facts, based on the statutes involved and based on the expertise of various State Attorneys who deal with these subjects daily. It is my opinion that the Town zoning ordinance and the Town ordinance regulating subdivision sites, zoning and planning prece~es the State's statutes and as such it is within the province of the Board to render a decision either accepting or rejecting this proposal as made by Mr. Howland. MR. HOWLAND: That's why we have counsel. We have learned judges. That's why....e have a number of attorneys and for this reason I don't know if this answers your question. MR. BRANDT: Then in substance I don't think the 45-day rule applies in this instance. I believe the Planning Board can render an opinion wi thout any violation of any statute. MR. KUSHNER: Does that answer your question? MR. BIlAND'!' : You did not answer my question as to how you base your judgment according to the law. Mli. KUSHNER: We certainly have to werk with- in the framework of existing laws. MR. KATZ: Mr. Brandt, I thought I pointed out that my recommendations and decisions on legal opinions are based 801ely upon the existing laws. I " (II " 1\1 PI )( 0:: I " IG 'Of o PI )( 0:: > i ,; oJ oJ .( ... III Z 111 oJ C) III a: III I- a: - 0 II. 111 0:: I- a: :J o U u z ,; III I- 0( U o UI UI <( as a: tal In III 1: i .( " -..../ .53 1 am not concerned with may happen ten year. from now or 2 even ten days from now with respect to the law. 3 Jl!R. BRANDT: I was talking about the 4 Planning ~oard's decision. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MR. KATZ: Pardon. l'fR. BRANDT: I was talking about the Planning Boa~ts decision. MR. KATZ: I think the Planning Board 1s bound by the Salle statutes which I recited before. MR. HOWLAND: Mr. Katz, aa you said to ae several times, nothing personal --- MR. KATZ: Either way. D. HOWLAND: I:i ther way - you told lie that you would document your opinion, 10U told me that about three weeks agoo Can you 40euaent that now or will you docu- aent tbat in the immediate future? Pm. KATZ: I absolutely will. MR. HOWLAND: Thank you, 8i r. MR. KUSHNER: .Anyone else care to comment? 21 (No response.) 22 Hearing nothing, gentle.en, we are going to 23 render an opinion on this applicatiGn. 24 I cite as our first authority, Town Law --- I 2 3 4 " 5 (\J '" N M 6 >< It I 7 '" \0 ~ 0 M 8 >< It >: 9 z 1ft .I 10 .I ot II. VI z 11 iii .I C) VI 12 ll: III l- ll: 0 13 0- III It l- 14 ll: :J 0 U ~ 15 0 z VI~ 16 III l- ot jj 17 0 III III c( <<l 18 ll: III m 19 III :I i ci 20 21 22 23 '---- 24 54 No.5; .Ordilla1\ce Regulating the Development of Sub- divisions in the Town of Queensbury.- I would also cite from the Zoning Ordinance of the Town of Queensbury, Section 1.200 which is General Intent. -The intent of this ordinance is to establish comprehensive controls for the development of land in the Town of Queensbury, based on the Master Plan for the Town and enacted in order to promote and protect health, safety, comfort, convenience and general welfare of the people.. MR. HOWLAND: What section is that, sir? MR. KUSHNER: This is section 1.200. I will also cite Section 1.300, Purposeo -Such regulations shall be mai e in accordance with the Master Plan and deslgn~ to lessen congestion in the streets, to secure safety from fires, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent over- crowding of land; to 8'Vo1.d undue concentration of the public, to facilitate the provisions of tran.sportation, water, sew~<<e, sehool., parks and other public require- meats. Such retulations shall be made with reasonable consideration, among other things. to the character- ------~ ~ -- I 2 3 4 ..... 5 N ..... N Pi 6 x 0:: I 7 ..... 10 .q 0 Pi 8 x 0:: >: 9 z ,; .J 10 .J <( II.. III Z 11 III .J C) III 12 0: III I- 0: 0 13 II. hi 0:: I- 14 II: :l 0 u 15 Ii z ,; 16 hi l- e( U 17 0 III III c( as 18 II: III lD 19 III 1: i J. 20 21 22 23 -- 24 55 1sties of the district and the requirements of the particular uses and with a .iew to conserving the value of bu1l.dings aU "encouraging the most appropriate use of land throughOut I; the Tolll'l.- I also to wish to cite Section 6.902 which I shall find here. First I will eite Seetion 6.901 which regards Site Plan Specifications. -Application for multiple dwellings and planned residential groups shall require the submission of a site development plan to the appropriate Board, said Plan or Plans as submitted to either the Planning Board or the Board of Appeals are required to show all structures, roadways, pathwalks, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries, and any other elements a8 .ay be deemed essential by the Planning Board or the Board. of Appeals.- Section 6l'02 regarding Planning Board; Board of Appeals Approval. -Every site plan ~bmitt~d to the Planning Board (as a permitted use) and to the Board of Appeals with referral to the Planning Board (special exception Use) in accordance with the require- " N " .N p) )( 0:: I " ID 'o:t o p) )( 0:: ~ i ,; -' -' . II. UI Z III -' Cl UI I: III l- I: o II. III 0:: I- a:: :l o U ~ Ii z ,; III l- . ij o UI UI c( liS a:: III m III :I: Z ci. 56 ments of this ordinance shall contain such information 2 and be in such form as either Board may prescribe in 10 11 12 13 14 15 16 17 18 19 20 3 its rules. ApproTal shall not be granted until the 4 site plan has been approved by the ~ow.n En<<ineer and 5 Health Officer concerning the adequacy of the proposed 6 fa.,ilities for fire protection, storm drainage waters, 7 water supply, and sewsge facilities. Approval of the site plan hereunder by either the Planning Board or 8 9 Board of Appeals shall expire one year after the date thereof, if building peraits have not been obtained for construction in accordance therein.- Also, as Mr. Katz has stated within the structuring of our T01ft1 ordiMnCe, there 1s no right, specific right to preliainary approval. I am going to ask for a motion from this Board based on concern primarily for potential ecolog- ical damage to the wetlands and possibly the Lake George area. in total. Also because there is a question of pOSSible ownership and/or jurisdiction of control over the 21 adjacent wetland area.tha~ we reject this application. 22 I would accept such a motion. 23 24 MR. RICHARD ROBEBTS: I 'WOuld so move. MR. KUSHNER: So moved. ------- 1 2 3 4 " 5 (Il " (Il ~ 6 >< 0:: I 7 " 10 '<I' 0 ~ 8 >< 0:: >: 9 z ,; ..J 10 ..J <( IL 1II Z 11 III ..J C) 1II 12 II:: III l- II:: 0 13 11. III 0:: ... 14 II:: :J 0 u 15 u z ,; 16 III I- <( U 17 0 III 1II c( ~ 18 II:: III m 19 III I: i ~ 20 21 22 23 24 57 Is there a second? ~R. SINNOTT: I will second. MR. KUSHNER: Any further discussion? All in favor of the motion signify in the usual manner. JOHN SINNOTT: I.yeo ROBERT KIRKPATRICK: Aye. GILBERT MELLON: Ayeo RICHARD ROBERTS: Aye. J. ARTHUR NORTON: Aye. MR. KUSHlfEB: Opposed? (No response.) MR. KUSHMER: Motion i8 carried. We haye rejected this application. (Audience claps.) MR. HOWLAND: Play I ask a question? MR. KUSHNER: Certainly. MR. HOWLAND: Your motion referred to ecological conditions. Do you consider, sir, that the members of this Board are qualified to pass judgment on this? MR. KUSHNER: No, but we have surficient evidence submitted by people who are authorities that we reel their opinions beared weight. " N " .N t'1 >< 0:: I " eo 'Of o t'1 >< 0:: >= i ,; .J .J e( I&. III Z III .J C) III Il: III l- ll: - 0 a.. III 0:: l- ll: :l o U ti z ,; III l- e( U o III III c( dI II:: III m III J: i .( ',.- .58 Folks, if you have any conversation, we 2 would appreciate your doing it in the hall so we may 3 continue with our business. You are welcome to stay 4 and hear the rest of' the meeting. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 VOICE: Could you announce the agenda quickly. They are afraid people are going to leave who aren't going to hear. MHo KUSHNER: Yes, we ha"e a special permit by Clifford B. Witham as the first point on the agenda and we have several variances applications before us this evening. MR. HOWLM D: Could you haTe that motion so I could see it in writing1 MR. NORTON: George, couldn't you get that later. MHo HOWLAND: Without getting into every word, can you review that motion? MHo KUSHNER: I would ratber have it when she gets it typed and we will be glad to present it to you. MR. HOWLAND: I rather YOll answer it now 22 because we are obviously !ping to get involved in a 23 legal action. 24 MR. KUSHNER: You asked a question and I --.---- I --------1 1 I I 2 3 4 " 5 N " .N Pi 6 >< D:: I 7 " IP 'f 0 Pi 8 >< D:: >: 9 z ,; .I 10 .J <l II. 1lI Z 11 III .J ~ 1lI 12 0:: III I- 0:: --- 0 13 II. III D:: I- 14 II: :J 0 U ~ 15 u z 'II~ 16 III I- <l u 17 0 1lI 1lI < <<l 18 0:: III 81 19 III ::r i -i 20 21 22 23 '- 24 59 refused your request. lIB. HOWLAND: I would like to haTe the secretary read back the motiono MR. KUSHNER: Is it possible to do so easily or not? THE REPORTER: It will take a few minutes. MR. KUSHNER: We haTe a great deal of bust. ness this evening. MR. HOWLAND: George, I am entitled to get on the record a very simple question. MRo KUSHNER: Well, ask your question. PIll 0 HOWLAND: I haTe as ked you to let me hear the resolution, you have just made a resolution, you must know what it i8. MR. KUSHNER: You want1itt back ___~.r and we want to give it back to you ~~~ and that is why you have to get it off the recordo MR. HOWLAND: Well, I believe it should be delayed until this young lady reads it back. MR. KUSHNER: I f you want to get tha t from the record, if you like to wait around until we finish our other business, we will be happy to do that. JUl. HOWLAND: Mr. Kushner, you are very Dluch out of order. I am entitled to hear that resolution 1 2 3 4 " 5 N " .N PI 6 )( It: I 7 " ID .., 0 PI 8 )( It: >: 9 z ,; ... 10 ... <( b- III Z 11 III ... 0 III 12 It: III I- It: -. 0 13 II. III It: I- 14 It: :J 0 U ~ 15 cJ z ,; 16 III l- e U 17 0 VI III c( 41 18 It: III III 19 III J: i ~ 20 21 22 23 24 60 and to al'lswer it. You are ."err much out of order, sir. (Mr. Howland leaves the meeting.) :MR. KUSHNER: Our nttxt piece of business on the agenda i$ Special Permit 32, Clifford B. Witham. Art, will you give us that information. PlR. IlORTON: Yes. PlR. KUSHNER: I hope you people don't mind if we drink our cokes up here? AUDIENCE: '0, no. MR. KUSHNER: May I ask another question, would you object if we all took our coats off? AUDIENCE: Mo. MR. NORTON: Special Permit 32; Clifford B. Witham, Applicant. This is for the provision of the ordiBanee inTol."ed in now zone R3 with permi tted special allowing use of marina. The special use in."olved is marina (used boats and merchandise) we do not want a full scale marina in the sense of Hkr~ Bay; only on a small scale basis. The applicant is Clifford B. WithaD'l, Diamond Point, Mew York; owner is Della G. Witham, Glens Falls, Itew York. Description and location of the lot 1s 800 UI lII: III I- a: _ 0 Q. III II: I- a: :J o U " (\! " N Pi x II: I " CO 't o Pi x II: >: Z I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 w oJ oJ <( II. UI Z III oJ ~ ~ U z ,; III I- <( U o UI UI c( <<S a: III m III 1: i c( 61 feet on Lake George and 800 feet both sides of Route 9L southerly to (Jill 111 1-4' Bridge; approximately :3 ,000 feet; present zoning classification of the lot and iaprove- sent thereon and use thereof is Ii3 with dri'Yewa)" anti construction shed. Description of improvement or changes intended to be made; a dock, six feet wide and 40 feet out (State dock) from shore with one boat slip on each side with 20 feet inside width, physical refurbishing and aesthetic refurbishing of construction shed with final use of same for tool closet and real estate office; driveway to be ~raded to wldth of 50 feet to shore line of 85 feet to accolllBOdat. parking for approximately six autos; landscaping, flowe~bed, trill1Ding this. MR. KUSHNER: Anyone here to speak in this application? MR. WITHAM; Thank you. This thiD<< got a little heated tonight, myself included. It is part of the give and take of our Aaeriean system. We are Bot all going to qree on Iluy things here but all of us are better ci ti zens . 1'hen there are those who are sitting hoae doing nothing or expressing opinions oyer a martini in a saloon. We are the ones who are here and that' s what counts. We 1 2 3 4 ....- 5 C\I .... C\I p) 6 >< It I 7 .... ID of 0 p) 8 >< It >: 9 z ,; ..I 10 ..I <( II. OJ z 11 III ..I (!) OJ 12 II: III l- ll: 0 13 D- III It I- 14 It: ;:) 0 u 15 t.i z .; 16 III I- <( U 17 0 OJ Ul c( dJ 18 It: III m 19 III :t i .( 20 21 22 23 24 62 are living America here tonight. Wow I offered this property as agent for Della Witham to the .ature Conservancy approximately four months ago. We have waited four months and. we have waited this time with a great deal of family sacrifice. We don't expect any benefit for it at this time. We withdraw our offer to the Nature Con- servatory 0 We wai t-ed for them what we feel an undue amount of time. ~r we see aanifestation on their part and I think we will tewards progress our opinion could ohange due to other changing circumstances beyon. our control inclusive, if .t, presenting four additional facts of inforaation requested by the Town Board. I haTe no choice except to defer our application until the next meeting. Thank you. Pm. KUSHNER: You are postponing? MR. WITHAM: Yes. MB. KUSHNER: Well, postponed until the next hearing. MR. AP:roLLO: Mr. ChaiNU, we came up here for a heari~ and now we hear it is being postponed ahead of time. I don't like to come all of the way from Albany. I , I -----'~I 2 3 4 I " 5 N " N l'l 6 >< 0:: I 7 " 10 ~ 0 l'l 8 >< 0:: >: 9 z .; oJ 10 oJ <( IL. 1II Z 11 III oJ C) VI 12 0:: III t- o:: 0 13 II. III 0:: t- 14 0:: :J 0 u 15 u z .; 16 III t- <( ij 17 0 VI VI << 41 18 0:: III m 19 III I: i <i. 20 21 22 23 24 6) Will he go on next time? Pm. KUSHNER: There will be legal notice in the paper' when it comes to the Zoning Board not the Planning Board. MR. APPOLLO: As far as the Planning Board is concerned he could withdraw it? MR . KUSHNER : Yes. MR. HEMMET'l': For the record, 8Y under- standing is that this is as you pointed out basically a Zoning Board matter that il here for the Planning Board recommendation. The appellant has requested a postponement at this time. There are people here as just has been indicated. have come some distanoe and who have come to make remarks; perhaps you could reeeiTe the remarks tonight for your consideration even though the appel~t has postponed bis application. MB. WITHAM: I 8JIl not prone in any vay to try to stifle any commentary all th~s application when the application is presented in its final form with the additional information t1IlIIIt we would be more desir- QUS of at this time. Without the application being completed, I feel and unasked for by myself my attorney advised and he may not be correct, that advanced " N " $\I cw) >< 0:: I " ID 'If o cw) >< 0:: >: Z ,; '"' .J 0( I&. UI Z III '"' C) UI lI: ... I- 0: - 0 B- III 0:: l- ll: :J o U t.i 3 ,; ... I- <( U o III III c( ell II: III DI III J: i .( 64 commentary on an incomplete application would be some- 2 what arbi trary and could be construed as prejudicial 3 to your Board when they had all of the informat ion 4 relevant to the application they were desirous of. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MB. KUSHNER: Mr. Witham's point is well taken. Harold, could anyone cOlUlent on an appliea- tion that 1s not in its completed form. This would be questionable testimony. MR. HEMMETT: It i8 our understanding that the application as it haa been read 1s not the appli- cation in its final form. Okay, I will yield to your point. MR. KUSHNER: If we have further people deserting, they may now leave. We hope you 1'1111 eome more often. Gentlemen, we now have under old business, variance naber 237, Carlos Restaurant. Bather than read the whole application which has come before us at the last meeting we reeouen.d to the Zoning Board 21 that their request be approved. There was some ques- 22 tion about their compliance to a previous variance 23 that has been granted; that i8 why it h.. been returned. 24 to us. 1 2 3 4 '" 5 N '" N l'i 6 >< 0:: I 7 '" Ul 'of 0 l'i 8 >< 0:: >: 9 z m ..I 10 ..I <C b. U1 z 11 III ..I C) U1 12 It: III .. a: - 0 13 D- III 0:: .. 14 It: :J 0 u 15 u ~ Ii 16 III t- ee U 17 0 Ul U1 c( <<l 18 It: III AI 19 III 1: Z -i 20 21 22 23 24 ------ 65 Anyone to speak on behalf of Carlos this evening? (No response.) Hearing no response, I will accept a motion . MR. NORTON: I make the motion we recom.end approval of this application if the provision of the previous 'Yarianee application 150 has been complied with. MHo KUSHNER: Anyone second the motion? MHo KIHKPA'l'BICK: I seco1'1Cl. MR. KUSHNER: J,:ny further discussion? (No response.) All in favor signify in the usual manner. HR. .TOD SINNO'r'r: Aye. MR. ROBEJIll' KIRKPATRICK: Aye. MR. GILBERT MELLON: Aye. MR. RICHARD ROBERTS: Aye. MR 0 J. ARTHUR KOBTOR: Aye. MR. KUSHNER: Opposed? (No response.) MR. KUSHIiER:Motion is carried. Variance NUJlber 242, Holly Bowen, Lake George Road. Mr. Norton, gl'Ye us the particulars in this .... N .... .N VI )( ~ I .... ID 'It o VI )( ~ >= i Ii .I .I 0( II. VI Z III .I 19 UI 0:: III I- 0:: -- 0 D- Id 0:: l- ll: :l o U u z Ii III I- 0( o o UI III c( cI 0:: III m Id 1: i <i. 66 1 application, please. 2 KR. NORTON: Application to install a free- 3 standing sign' ten feet back of the property line in 4 lieu of 50 feet requirement. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Eo KUSHNER: Anyone to speak on this application? (No response.) MR. KUSHNER: Hearing none, do I hear a motion for this application? MR. KIRKPAlfIlTCK: I move approval of 30 feet setback rather than ten. MR. KUSHNER.: You are recommending approval of 30 feet .etback? MR. KIRKPATRICK: Yes. MR. KUSHNER: Anyone second? MR. SINNOTT: I will second. MR. KUSHNER: Any further discussion? ( No response.) MR. KUSHNER: All 1m. favor signify in the usual manner. MR. SINNOTT: Ayeo MR. ROBERT I.IRKPATBICK: Aye. MB. GILBEM' MELLON: Aye. MR. RICHARD ROBERTS: Aye 0 " (II " (II ell >< II:: I " 10 ~ o ell >< II:: >: z .; oJ oJ 0( II. Ul Z III oJ C) Ul 0: III I- 0: _ 0 Q. III lr I- 0: ::l o U u z ,; III I- 0( U o III VI < 41 0: III tD III 1: i .( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 67 J. ARTHUR NOR'l'ON: Aye. MR. KUSHNER: Any opposed? (No response.) MR. KUSHNER: Carried. Variance nuaber 24). I know I will get this name bad. George, are you here? It's his application. MR. NORTON: Jotake Sale. VOICE: (Not identified.) That's it. llIR. NORTON: Plake Sale; 'Variance from rear line restriction allowing petitioner to construct a seasonal summer cottage on Dunham's Bay, Lake George. The cottage to be built 18.5 from the rear line (Lake sho~e) and 5.0 from eitper side. MR. KUSHNER: I think the main question we had in this was an 18i foot setback and we are won4er- &I<< why you can not comply wi th the )0 foot setback requirement. VOICE: The present drain field tor the sewage system is located betwean my present cottage which I intend to reconstruct which is on the same 21 site I intend to build on and a driveway up to the 22 back. The driveway is on bedrock; I couldn't con- 23 struct there. It's the only area left for the drain 24 field which properly would be set back sufficiently 2 3 4 '" 5 N '" !II t>i 6 >< 0:: I 7 '" ID ~ t>i 8 >< 0:: >: 9 z rii .. 10 .. e( II. Ul z 11 III .. C) Ul 12 0: III I- 0: 0 13 D- Id 0:: .. 14 0: j 0 u 15 u z Ul- 16 III l- e( u 17 0 Ul III c( ctJ 18 II: III m 19 III :r i .( 20 21 22 23 24 68 far from the Lake to be in aocordance with your regula- tions. Concerning the sewage and. drain field this is really the only area I can build. MR. KUSHNER: Does that satisfy you, gentle- men? Any questions? VOICE: There is a copy of the survey attached to the plans and I submit it to you. The sewage drain field lies between the driveway on that map and rear of the existing cottage and in this area, as I say, I have sufficient seticcond1 tions to enable me to put 1n a decent drain field. The remainder of the lot is complete bedrock. MR. KIHKPA'l'RICK: You already have one home on it? VOICE: Yes. I intend to build on the saae site where my present cottage exists. MB.KIRXPA'l'BICK: One cottage, teari~ one down and reconstructing a new one? VOICE: Yes. I am told my predecessor was an owner of a toy store and he used this '8 great deal and this 1s one of the reasons why I want to reconstruct. Secondly. my fam11y has enlarged and as a result I need more room and an ad4ition to the cottage is just ----.-- -,-~-- 1 2 3 4 " 5 N " N t'l 6 >< n: I 7 " co 'It 0 t'l 8 >< n: >: 9 z 1ft .I 10 .I <( II. III Z 11 III .I CJ Ul 12 II: III l- II: 0 13 D- Id It I- 14 II: ::l 0 u 15 Ii z ,; 16 /II I- <( u 17 0 '" VI c( <<S 18 II: III III 19 III J: i .( 20 21 22 23 24 69 uncomfortable. So I 8.1Il asking thi s Board and the Zoning Board to reconstruct. ~he lot as you can see is a very narrow one and has existed in both dimensions for 30 years to my knowlecige, It has not been caned up by myself or any predecessor. This is the situation I am faced with. I think you gentlemen will agree it's a hardship. MR. KUSHNER: Gentlemen, do you have any questions? MR. KIRKPATRICK: Are you going to live in your present cottage while you are reconstructing? VOICE: No, sir. tIy present cottage is collina; down right after Labor Day and I vill be reconstructing next spring. One cottage at anyone given tille. MR. KUSHNER: I will accept a s.tioD. on this application. MR. NORTON: I Blake a motion that we reco1llllend approval upon this because of hardship. MR. KUSHNER: Anyone second? PIR. SIlOiOT'f: I will second. PIR. KUSHNER: Any further discussion? (No response 0 ) MR. KUSHIER: All in favor signify in the 2 3 4 " 5 1\I " .l\I I'i 6 )( It I 7 " 10 o:r 0 I'i 8 )( It >: 9 z ,; ..I 10 ..I <( .... VI z 11 III ..I C) VI 12 II: III ~ II: - 0 13 II. III 0: ~ 14 It: ~ 0 u , 15 t.i ~ iii 16 III ~ <( U 17 0 fll II 0( Iff 18 0: III m 19 III :r i < 20 21 22 23 24 70 usual MDner. MR. SINNO~Tt Aye. ROBERT KIRKPATRICK: Aye. G ILBER'l' MELLON: At,. RICHARD ROBlm'rS: Aye. J. ARTHUR NORTON: Aye. MR. KUSINER: Opposed? (No response.) MR. KUSHlfER: Carried. Variance nuber 244, G. R. SUZ& & Sons. MR. IfOBi'ON: Application to place free- standing sign less than the required 50 feet setback for property at the corner of Aviation Road and Dixon Road; owne4 by Henry Slate. Q; "KUSHNER: Anyone to spe,ak on this app11- catioll? ERIC LUTHER: The reason for the request for a free-standing price stga i8 because or the extending circumstance of the size of the loto Aetually, I believe to have the price sign 50 reet from the public right of 1Iay edge of the property real~Y because of the way our property is set up at this location it would be impossi ble. It is a ktad of .........shaped area. . What I am requesting is so.. agreeable posi- --- I 2 3 4 " 5 N " N ~ 6 >< 0:: I 7 " ID 'It 0 ~ 8 >< 0:: >: 9 z ,; ...I 10 ...I et ... III Z 11 III ...I Cl Ul 12 lI: III l- ll: 0 13 II. III 0:: I- 14 lI: :> 0 U 15 ti z .; 16 III I- et u 17 0 VI VI c( <<J 18 lI: III m 19 11/ 1: i ci. 20 21 22 23 '- 24 71 tion to put our price sign in. Now we have just taken that particular location over for a distributor of an oil corporation. We have been in Hew York State for less than a year now. It is our attempt to create a better location for the community and realize that probably the past appearance of that service station has not been favorable. The one way to make it fa"for- able is to make it profitable. If we can have a price sign where the public can see it, we can llake it profi able. It is not our intention to have this business conducted as it has been in the past. We fully agree with you that the unsightliness of junk tires doesn't belong in the community. This is the one thing we fully intend to comply with and deaand out of anybody we have at the station. One way of avoidiDg this is to be able to sell our product and one way we can .ell is by being allowed to post the price so that it can be seen from either direction on the road. MR. KUSHNER: Of course, you are aware of nOliconforming use in that zone and it's lIlY' opinion additional variances make this more nonconforming. I personally question the appropriateness of encourag- ing the perpetuation of nonoonforming use. MR. LUTHER: I can understand that. 2 3 4 r- 5 (II r- 1'1 M 6 >< It I 7 r- 10 't 0 M 8 >< It >: 9 z m oJ 10 oJ < I&. III Z 11 III oJ C> III 12 I: III l- ll: - 0 13 II. III It I- 14 It: :J 0 U ~ 15 u z Ii 16 III I- < U 17 0 Ul III c( 41 18 It: III m 19 III J: Z .t. 20 21 22 23 - -+-- 12 One thing that I would appreciate your considering is the fact that we have been unable at this t1lle to put a priee sip anyldlere. W. eyen tried to put it in the second day and the sheriff calle around. and said it was too elose. We put it in tbe middle bay so it wouldn't be too close to the road. If we can't have it out so the public ean see it we ean hard- ly conduct business. Oue of the ways we attempt to do business i8 by the pricing of our gasoline. Pricing is our life blood. Certainly. we could get another dealer to go in there. He wouldn't be able to live on ga=-oline or anything else that would be more clean. He would have to derive his income out of the bays which would not be favorable from our position or yours. It would create a great deal of unsightliness as has been in the past. Surely, you realize that. One other thing too. This land is owned Qy Mr. Slate and since we haye come into this area we attempted to get Mr. Slate's approval on modern- izing the building. In faet, we asked him if we could just paint it. We would be willing to paint that whole complex if we could paint our building along with it. We are interested in presenting a 73 better image and a price sign does pose a pro_lem for us. ~B. KIRKPATRICK: Is your business just pumping gas,selling oil? MR. LUTHER: Yes. We are also a Goodyear distributor. At this particular outlet our main theme is gasoline. MR. KIRKPATRICK: No repair? MR. LUTHER: I WGuld say strictly limited. If a local resident might have a problem, sOllething that would be very slight. Right now, we are con- ducting no repair there. ~be moat extensive repair we wou14 do would maybe to do an oil changeo Cer- tainly with an oil change there are no tires sitting aroUD4. MR. KUSHNER: Gentlemen, we have been dis- cussing here and there is no question that that site has been an eyesore in the past. There is a possibilit it could become a worse eyesore. Mr. Norton made a suggestion that we might want to consider recommending approval not necessarily in that location but apptto'Val of the sign based on modernizing the building, improving the appearance of the building so we could upgrade that area. '-----r----- I I I 1 -~~- 1 14 MR. LUTHER: The lease, if we could get out 2 of it under the circumstances we might consider that. 13 Now, he has us held. We would like to, I think it is 4 a very good location, it's a beautiful residential area, we would like to have a go at it. If there is .... 5 N .... N (I) 6 >< It: I 7 .... co 'o:t 0 (I) 8 >< It: >: 9 z ,; ..I 0 ..I <( II. VI z 1 III ..I ~ VI 2 0: III I- 0: - 0 3 II. III It: I- 4 II: ::J 0 u 5 u z ,; 6 III I- <( b u 0 VI fs tII < ell 0: III Dl [9 III :I: i cC ~o I 1 2 3 4 ~-~ I any recommendations you can give us that you would like to see us do in the area of modernization, we would sincerely appreciate it. MR. KUSHNER: We think it is probably more your responsibility to come and tell us what you are going to do; although you might wisb to meet with the Town Beautification Commission who I know is very inte~ested in this sort of thing and very glad to work with you. Does it still seem more appropriate if a sign or price was permitted that it be placed on the island rather than quite so far out to the point? Do you gentlemen have any comments? MR. SINNOTT: I am not easily moved by it. I still feel it is nonconforming and yet I hate to see people go out of business. On the other hand, business is taportant to our community. Why won't Slate allow you to make that premises into an exceptionally "autif~l gasoline r---- I I --------t-l I 11 I I !2 I I 3 4 " 5 N " N M 6 x n: I 7 " U) '1' 0 M 8 x n: >= 9 i m .J 10 .J <( II. '" z 11 III .J C) '" 12 I: III l- I: 0 13 II. III 0= I- 14 I: :J 0 u 15 Ii 3 m 16 III I- :! u 17 0 III III <t 4S 18 I: III m 19 III 1: i .( 20 21 122 23 24 75 station? MR. LUTHER: He has written into our lease we can't change the exterior. JttR. SINNOTT: Weren' t you and your eell- panions giddy in signing a lease like that? MR. LUTHER: When we moved to New York State we assumed a lease-holding system with the oil cor. poration. Now some of them were h~ghly favorable and others were less such as this one. We had to assume them all. It wasn't a piece Ileal proposition. We ar. bound by whatever agreements they had so we would like to make the best of it. Certainly, it hasn't been made the best of in the past and it would be our intention to do so; that it is in the lease. I would imagine the reason he did that was so that the station would conform to the rest of the plaza area that he has there, but we would MR. SINNOTT: Excuse my laughter. MR. LUTHER: (Continuing) We ha'Ye gone so far as to offer to repaint his entire area if he allowed us to do that; but I think the problem is assessment may go up. The modernization that we put up in all of our stations and I'll hang my hat, ninety-nine per I I k- I 2 3 14 " 5 N " .N 16 PI x I It: I 7 " III 'It 0 PI 8 x It: >: 9 z I I Ii .J ~O .J I 0( II. VI z 1 Id .J C) VI 2 0:: Id t- o:: - 0 3 D- Id It: r: t- I!: :J 0 U U ~ I Ii 16 III l- I 0( U 7 0 UI UI < 4S 8 I!: Id II 9 III :r: Z ~ 0 1 2 3 4 76 cent of the stations we have, ninety-nine per cent we have a mansti 'Ye type of effect wi th a big front even a lease of this type, say 57 years as we do in th1s case. we put an iU'Yestaent in and ad'Yertise it off. MR. KUSHNER: You can't do it here. MR. LUTHER: No, we are 11mi tea. here. MR. KUSHNER: Here your problem is not wi th the Planning Board or the Zoning Board and you are not going to resolve 1t by disous.ing it with us but with Mr. Slate. MR. LUTHER: Certainly, by hav1~ a price sign we could make some business at least and be a better representative of the community and in time we hope to ehange Mr. Slate's mind - we are trying that right now. MHo HOR'rON: Could you paint your station without that being a change to the structure so to speak? MR. LUTHER: We have painted the inside. MR. lfORTOH: Would painting the exterio r effect your lease? D. LUTHER: Yes, it would. We have a written lea8e. I haTe already painted the inside; I I i I i ---~ I 1 I I i 2 I 3 I 4 " 5 N " N Pi 6 )( n: I 7 " to ~ 0 Pi 8 )( n: >: 9 z m ... 10 ... <t II. CII z 1 III ... r> III 2 II:: III l- II:: "- 0 3 lL III n: I- 4 a: :l 0 U ~ 5 0 z oi 6 III I- <t U 7 0 UI III c( CIS 8 II:: III III 9 III I: Z .c 0 1 2 3 '--" 4 77 we are going to do as much to the outsid.e as we possibly can and still be in compliance with his lease. We are also trytng to make an agreement with him to appro,.e it 0 Of course, if we spend a lot ot money and i.proTe the place, since" can't adTertise the fact we have gasoline, certainly the investment would not be a wise one. Bight now it's marginal at best, it's marginal right now, it will always be aarginal unless we are able to compete in a very eo.petitiTe manner. It doesn't have to be marginal because the location does have excellent business opportunities and we researched it and belieTe there 1s business opportunity there. But it depends a little bit on what you allow us to do 8l1d to a great extent on the cooperation we get out of Mr. Slate. MHo KUSHNER: I would like a motion on this. MR. SINNOft: I make a motion we reject this application as nonconforming to our regulations. MR. KUSHNER: Any second? M. KIRKPATRICK: I .econd. MR. KUSHNER: Any discussion? (No response. ) MR. KUSHNER: All in favor signify in the 2 3 4 " 5 N " !\l PI 6 >< It: I 7 " III 'it 0 PI 18 >< I It: >: 9 z m ..I 0 ..I e I&. UI z 1 III .J C) (/I 2 0: III .... 0: 0 3 II. III II: .... 4 0: ::J 0 U ~ 5 u z m 6 III .... e U 7 0 (/I (/I 0( e 8 0: III, m' 9 III I i ~ 0 78 usual manner. JOHN SINNOTT: Aye. ~ GILBERT MELLOW: Aye. RI CHARD ROBERTS: Aye. J. ARTHUR ROJrrON: Aye. JIIR. KUSHNEB: Opposed? MR. KIBKPA'l'RICK: Aye. lI!R. KUSHNER: Motion is carried. Varianoe number 245, Louise Kittredge. MR. NORTON: Convert garage storage building into temporary summer use for one person, myself; lot 90 x 150 feet, H1 zone, has summer cottage and garage storage bui1dingo MR. KUSHNER: We have SOIleOhe here to speak? MRS. KI'l'TBEDGE: Yes. Are there any questions I could ans.er? MR. KUSHNER: Do 10u gentlenlen haTe an1 questions? MR. KIRJ(PATBICK: Wouldn't it be just as well to put an addition in 1o\lr present cottage? MRS. KITTREDGE: We were told not to, the contractor told me this house was built in 1916 that it is 55 years old. It is not advisable to haTe a wing construction - that the difference in ages would I i i I I +-- 2 3 4 " 5 N " I'll Pi 6 >< 0:: I 7 " ID '<t 0 Pi 8 >< 0:: >: 9 z ,; .I 0 .I 0( I&. UI z 1 III .I Cl III 2 Il: III l- ll: "- 0 3 Q. III II:: I- 4 II: ::l 0 u 5 U I z ,; 6 III I- 0( U 7 0 II UI 0( ell 8 0: Id lD ~: III J: i ci. ~I 79 be unwise to attach the new to the old. He thought it advisable to do this and for my own person it is better to haye a separate building. The purpose of the building is expressed in that statement there; partly a garage, partly a storage building. I have recently .ove4 from my home in Mary- land. The express need was to get located, the express need is expressed in that memo there. The exprea8 need was to make quarters for ae. At the time my family was using the cottage, my daughter is married and has children and it is rather complicated for several generations to occupy ane building at one time. M. KUSHNER: Although the members of the Board are well aware the t in the past it has been common practice in Lake George to utilize facilities in this manner, two principal dwellings on one lot. Reoently another area of the Town had. a similar application and it certainly is in contradic- tion to our Zoning ordi...ee. We reeo.-end as Mr. Kirkpatrick suggested an addition to the existing dwelling rather than an additional dwellingo Do you gentlemen have any further C1ue.tl<mf (No response.) 80 KR. KUSHNER: Hearing none. I lfOult! aocept a lIotion. MR. KIRKPATRICK: I believe we will reject the application. because of two dwellings on one lot. MR. KUSHNER: As you are probably aware this is only a recommendation to the Zoning Board. Who will second? MR. HORTON: I will second. MR. KUSHNER: An.,- further discussion? (No response.) MR. KUSHNER: All in favor signify in the u.sual lIe,tUler. JOHN SINNOTT: Aye. ROBERT KIRKPATRICK: A1e. GILBERT MELLON: AYe. J. ARTHUR NORTON: Aye. MR. KUSHNER: Opposed? RI CHARD ROBERTS: Aye. PIB. KUSHNER: The motion is carried. Variance number 246. Charles Coffin. MR. NORTON: From three horses to eight horses for winter months back to three for summer months. This is on a two and a half acre lot on the Farm to Market Road. They desire to add to an already 81 existing building frame construction to enlarge an IS foot by 15 foot building; IS x 26 feet addition of same eonstt"Uction. lm. KUSHNEH: Any questions on that? VOICE: (Not identified) The building I want to enlarge is a lean-to type building, called a half building. The roof goes Ii ke thi s and I waJlt to extend the roof. I do rent a pasture where the horses have been for the last two winters. I would like to have them where it would be ea.1 to get into and take care of th.. myself. MD.. KUSHNER: Any questions gentlemen? (No response.) MR. KUSHNER: The Planning Board has reviewed this and has two concerns; the reaction of neighbors and secondly possible future change in the character of the area. I believe we do have a motion but it will be taking these factors into account. VOl CE: Can I answer that? As far as neighbors go, across the road they have horses and oat'le.:'onehouse down the road has horses and cattle that surrounds us on three . sides. I don't believe we would be out of character in the neighborhood. I UI 0: III I- 0: o n. III It I- 0: :J o U u z .; III I- <l: U o !II UI 0( as 0: III m III I: i .( 82 1 MR. KUSHNER: Motion? 2 MR. :MELLON: I would recommend we approve 3 the variance if the neighbors are considered and the 4 character of the land remains the same. r- N r- N p) >< It I r- ID ~ o p) >< It >: z .; oJ oJ <l: ... III Z III oJ C) 5 MR. KUSHNER: You are recommending a time 6 li.it? 7 MR. MELLON: Yes. 8 MR. KUSHNER: We are reeolUllending a time 9 limit on the application so that it would be recon- 10 sidered periodically. 11 Who will second? 12 MR. SINNOTT: I will second the matioR. 13 MR. KUSHNER: All in favDr? 14 JOHN SINNOft: Aye. 15 ROBERT KIHKPATlU ex: Aye. GILBERT MELLON: Aye. 16 17 HI CHARD ROBERTS: Aye. J. ARTHUR NORTON: Aye. MR. KUSHNER : Opposed? (No response.) 18 19 20 21 MR. KUSH:NEB: Carried. 22 Any further business to come before the 23 Board this evening? 24 (No response.) 2 3 4 " 5 C\\ " .N I'i 6 >< 0: I 7 " U> '::t 0 I'i 8 >< 0: >: 9 z m .I 10 .I e( II. III Z 11 III .J C) III 12 e: III l- e: 0 13 II. III 0: I- 14 e: :J 0 U 15 u z ,; 16 III l- e( U 17 0 III III 0( ell 18 II: III m 19 III I: i .( 20 21 22 23 24 83 ME. KUSHNER: Hearing none, I a.ccept a motion for adjournMent? MR. NORTON: Iou haye your magical motion. MR. KUSHNER: The meeting is adjournedo (Whereupon, the hearing was adjourned at 11:10 p.m. o'clock.) IHE AKE GE ORGE ASSOCIATION PROTECTING THE;: LAKE SiNCE ,eS!5 LAKE GEORGE. N.Y, 12845 -- July 1, 1972 ~r. George Kushner TOVITI of Queensbury Plar~ing Board Queensbury Town Office Bay Road Queensbury, ~ew Yo~k Dear l.'ir. l~usimer: lI'lr. :2l1iott Davrcon re18yed your re.' ',; 231; ior ::-1 ',lri tten statesent frc~ the Lake George A23oci~tic _ ;iving the reasons why the Dunham, ~arris, Warner Eay wetlands sho~ld be pro~ected and preserved in their natural state. ~his letter is, I hope, responsive to that request. '- T~e Lake 2eor~~ ~ss0ci~-~~n is opposed to realty devclcD~e~ts ~~ thsse ~2~lands because we are con- cer:~ed l;":' -:~l t!:e vi ~al i::--:,:'ortEnce of saving the:~~.. frorn destruction. ~e are convinced that the Still Creek Inc. tV~ge of developmerr: ::lust lead to quick and ir- repara'.Jle destruction. '.fe offer the following in support of this position. ; "\lhat ha"O"Oens to Lake Genrge' s ma ~ or wetlar.ds area in the n~;r future is of vital import8nce not only to the lake itself but to all those concerned boout its ~rotection and preservation." liAs [1atters stand right now, the lc::lr;2s-: ",'ctlcmd area at L3~ce George is thre8-cc~1ed w~ t: = er:.~ari.cnt and i:retr-,-~''l:..-:)le damage. The se::..~iou8~.-..;c, ~ __ -':::-.8 -c..reat lS; '.:;..ic~ely ,lppreciated, nor is it , ".J~J.' under- f'-;~'-i~ ~ Lr~l,sJs trlC area can be 's~~\r ';,~ .~~-, ~y, and ~~~~E~~~d, i~s uniqua wildlife ch~_~~ _ disappc~r :: or'c;' 6.'. SL:.C:':. a loss would be an c.,~ ,':":. _, _ catas- era ~J;.2 ::'or :.. ake G8orge. II , ". r." ,,',OI:',:~ 0:1." i\L:\'IUl~'_ '---- 110;-:.1.', ':::-1. recent years has tie '0' .S., ~', _.; .h ~_ ,) ,.d.c:r6.c,-,na. that a wetland 'p':"'8YS a ..1.. _..i':"'..;. ~__ ...:;-',..lrE.':.J .. L ;:-.) u s K E E P L A K E G E 0 R G E C L "- 2. -- life cycle, whe4her it is located on a sea cost or alongside an inland body of water such as Lake George. Biological scientist's have long been aware that an undisturbed wetland is one of the most productive habitats for fish, animal and plant life found in Nature. Its characteristics a~e, in a way, a combi- nation of those found in upland areas such as a forest or a field and those found in the ocean or a lake. Both water and land plants in a marshland provide an abundance of food and nutrients, and conditions which are ideal for breeding. The tangle of marsh vegetation acts as a filter for the surface water as it runs off from higher ground. Wnen adjacent to a lake, such an area plays a critical role in the natural development of the lake's shoreline and of fish life in the lake itself." 'rHE WETLANDS AT LAKE GEORGE -- "Around Lake George, the rocks plunge steeply into the water in most places. There are several minor wetland areas, but the largest by far is that at the southeastern end of the lake, behind Dunham Bay, Harris Bay and Warner Bay. Embracing more than a thousand acres, all privately owned, it is one of the largest unpolluted, freshwater wetlands left in New York State. Its importance to the ecosystem of Lake George can hardly be over-estimated." ; ',mAT WOULD BE DESTROYED "It has taken Nature more than 10,000 years to produce this Lake George wetland ---- from the time when the last retreat of glacial ice left its burden in the val- ley east of French Mountain to dam an ancient river bed and form the present lake. Undisturbed for a hundred centuries, the wetlands wildlife n~w faces the prospect ot: being .obliterated by Man in a few years." "Just what will be lost, if this occurs? Vlhile a sys- ~ematic inventory of the flora and fauna in this thou- sand-acre tract has not been completed, one did start just recently. Nevertheless a handful of naturalists have long been aware of the unique character of the area and its probable linkage to the ecosystem of Lake George." "_'or exmnple: Eight specimens of extremely rare bog turtle __n, one of the nation's "endangered species", . ':l ..I. - only 63 of which have ever been found in New York State ---- \'lere collected for the I\'stional Museum in the Dun- ham Bay inlet in 1884. Conceivably, scientists could find another bog turtle today in Dunham Bay inlet, but not if the area undergoes development for human habita- tion. " "The present scientific inventory, while hardly begun, has already shovm there is a wealth of fish, bird, ani- l~al, insect and plant life in these marshy areas which will disappear unless t~c wetland is protect~d from the incu~sions of ~~n. :ie following listing is far frow cOIplete, ~ut it ~~:l serve to indicate what is there to be lost." F'ISH "--- liThe three inlet streams "'thich empty into the lake are shallow in depth and support a wide variety of aquatic plants on which fish and other life-forms feed. Con- ditions are ideal for the spawning of certain species, especially northern pike and largemouth bass. In a recent nine-day census, one inlet showed a weir count of 160 pike ranging up to 12 pounds and'34-inch length; 59 bass, running up to 6 pounds, were netted. Other varieties found include yellow perch, brown bullhead, black crappie, common sunfish, golden shiner, cornmon whi~sucker, cisco and rainbow trout. Tagging of certain'species revealed later clear evidence of the connection between the inlet as a spawning ground and the fish populations in the main body of the lake." ~ \'ll\TERFOWL "Abundant food for waterfowl exists in the wetland, both'plant and animal. Plant forms include several varietiesoof pondweed, pond lily, ~ater lily, duck- weed, burreed, cattail, bulrush, pickerelweed and coontail. -Waterfowl observed feeding or nesting in the area included black ducks, wood ducks, mallards, teal and Canada geese." Q'IHER BIRDLIFE "IJ.1he wetland was confirmed to be the habitat of the marsh hawk, blue heron, green heron, 1\lnerican bittern, killdeer, ring-billed gull, ruby-throated hummingbird, yellow-shafted flicker"downy woodpecker, belted king- '- .. 4. '- fisner, eastern kin~birc, three verities of swallows~ blue jay, common crow, long-billed marsh wren, black- capped chickadee, cedar waxwing, yellow warbler, yel- lov/threat, red-winged blackbird, common grackle, car- dinal, rose-breated grosbeak, American goldfinch,. white-throated sparrow, song sparrow, robin, Balti- more oriole, indigo bunting. Probably there are many others.1I i\NIkl\L LIFE "h!uskrat, otter, mink, beaver and racoon are among the fur-bearers found in the marsh. In addition'there are numerous smaller mammals, a~ well as frogs,: turtles, snakes, salamanders, and a wide variety of inverte- brates. One local trapper reported it was not unusual to take as many as a hundred muskrat in one week in the spring, working his trapline in the hours before going to his daily job." "Such are the documented facts as to what exist in the wetland today. There is little doubt the scien- tists will expand their 11sts as time permits comple- tion of the detailed inventory." - "But the wildlife that is there today may not wait that long. A question Which-every citizen who is seriously concerned about Lake George must ask him- self isi "Am I content to sit idly by and watch Nature be raped in these wetlands by the blades of bulldozers and the scouring thrust of boat propel- lors in the shallow inlet streams?" "If one's enwer is "yes", one had better take a good look at what's there now, for soon there may be only the memory of what existed in the marsh be- fore it was "improved" by the developers cerving it up for human occupation.1I The foregoing incomplete inventory of Dunham's Bay plants and wildlife is a compilation of actual obser- vations made by qualified biologists, ornithologists and other naturalists who have studied these wetlands. There is much more to the story of these wetlands that needs -to be told. This 1100 acre swamp is a vital part of Lake George. It isa nursery for many ". ,. 5. -- of the micro-organisms, fish and other marine life that inhabit the Lake. Their supporting food chains extend back into the marsh. Perhaps the most important thing about these wetlands are their relationship to Lake George as a whole. This relationship is a highly complex subject which can best be expalined by a scientist familiar with both the wet- lnad area and the Lake itself. To explain this part of the story we asked Dr. Carl George, of the Department of Biological Sciences at Union College and Chairman of the Northeast Chapter, the Nature Conservancy, to prepare the attached report~ We sincerely hope this letter and report gives you an insight into the importance of keeping the Dunham, Har- ris and Warner Bay wetlands in their present natural condition. Please let us know if we can be of further assistance. -- Yours very truly, , -./'., .,~ ~ ~~ // 1.('/ -; / , . Oc~ :fie: i>tl'/1/t64-;/ L-' Iijsle W. Morton President h ~ . '''''''"I'''''>, ~,.o br,..c-'....;i ";""'.' ~.'" .~ .\"1 . <;/;,/1\,'>. O)!i\"'Jij~~ "\Y~".\ 0":,,,0 ~l.J}~<' c.--ARTMENT OF BIOLOGICAL SCIENCES UNION COL.L.EGE SCHENECTADY, N.Y. 12308 TEL.: (SI8) 346.87SI June 30, 1972 1"r. Wayne Bryne, CoChairman ~he Adirondack Conservancy Committee c/o Institute of History, Art and Science Lake George Village, New York 12845 Dear Wayne: '- Thanks to you and your many coworkers, the Dunham Bay Wetlands continue in the headlines of conservation action in the Adirondacks and your Committee is to be fully commended for its timely and most critical action. You are acting to preserve the largest wetlands of one of Amer~ca's most notable lakes and certainly one of, if not,the most vulnerable and im- portant wetlands of New York State. r would now like to turn my remarks toward providing a number of points suitable for your use and the use of the several elec~ed officials of the Tovm of Queensbury, one of the communities most responsible for the preservation of the area. To begin with, the people of this state through their chosen officers in the Department of Environment81 Conserva- tion are now frequently taking the position of requiring a developer undertaking significant construction to show evi- dence to the effect that his activities will not seriously modify our natural heritage. From the onset tnen I would suggest that the Adir~ndack Conservancy take all possible ef- forts to assure that the Developer will provide full details on what he actually tends to do and the projected environmental i~pact of such efforts. Further, the ACC should actively follow the Department of Environmental Conservation's evalua- tion and the 2dvertized public hearings to assure that the Dropose~ development is being fully considered. We are fortu- nate to have many competent specialists who are in a position to evsluat8 the r(quired impact study of the develop~r. In a se:r13e one is not innocent until proven guilty in environ:. ental ~atters, better, a project is potentially guilty until shoo.. otherwise. 0fext, r would like to accent the importance of viewi:.; the Dunham Bay Wetlands within the context of the total cr~inage ~ '- 2. '- basin of the Lake George system. We are not discussing an isolated site but rather a part of a totality which may be slow to react but almost inexorable in change once such change. has been initiated. Toward considering the systemic approach I would like to accent the importance of soliciting expert testimony from the several scientists of the Lake George Fresh- water Institute, especially regarding matters of chemistry, hydrology, microbiology and planktonology. You cannot expect sweeping and absolute statements regarding the overall merits of the proposed construction; however you can expect the best information available on specific topics. I have. made an ef- fort to communicate with most of the workers associated with the Institite. I have also spoken with other specialists and have made three trips by small boat and canoe into the Dunham Bay sector of the wetlands. I have also viewed the somewhat rough plans of the developer, which purport to display the general character of the proposed development. The following generalizations seem acceptably defensible at this time. 1. The Developer, Still Creek, Inc., has already intro- duced into the wetland considerable quantities of fill. The identities of the several plant species indicative of the wet- land character listed here but for the sake of brevity will' not be; however such plant species could be. presented to any competent botanist familiar with local flora' for evaluation. Organisms which perennially occupy'the site in question are certainly the best indicators of its essential character. The intrusion as I have obser.ved also consists of displacement and tramp~ing wetlands vegetation, the construc- tion of one structure, and the damaging of significant numbers of trees through root covering by fill. 2. The main and axi.al streal:! meandering through the Dunham Buy sector of tlie wetlands does indeed "stream" lake- ward, i.e. the stream'moves with varying velocity toward the lake and would thus serve as a means of carrying the influence of the site development into other parts of the wetland and eventually into Lake George itself. I would assume that the velocity and thus volume of water moving through this stream varies with the seasons being maximum during the spring and at some time after periods of rain. 3. The flora of the marsh and more peripheral swamp is indeed diverse and existing listings prepared by competent specialists further attest to the distinctive and generally unnerturbed charcter of the area. My several conversations wi~h the state botanist of New York State, a person speciali- zinq in aquatic plants and with more than 20 years experience in i-:Jew York's wetlands claims the Dunham Bay 'iletlands to be the finest for general Fquatic plant study in the state. At ~res8nt, the area is intact and appropriate for its floristic diversity, proximity to major population centers, and extent as a major instructional and research facility. The area on this basis alone is established as a major environmental re- source for the people of this state. '- '"--, ) . 3. --- 4. ~he strea8 running from the vicinity of the proposed (~nd already initiated) development will inevitably be used by residents of the proposed.development unless special restric- tions be placed on such use at the very onset. In that I have heard the developer specifically state that he has planned his development for this site in order to give residents of the development access to Lake George by boat, I feel that it is safe to assume that significant boat traffic will indeed be a consequence of the development. Considering the distances involved (ca. 2 miles) it also seems fair to deduce that motorized craft will be used in the stream. With this point in mind one must consider the consequences. If motorized craft move slowly they will bperate at low fuel combustion efficiency and release rel?tively larger a~lounts of oil and gasoline. If craft move quickly the distur- bance of the highly unstable bottom and banks will be even further accented. The combined action of prop induced turbulence and the assorted hydrocarbons will, in all likelihood, greatly disturb the existing array of plant and animals now colonizing or briefly visiting during the spawning forays. The northern . pH;:e cmd the largemouth bass, significant species in the sport fisheries of the Lake, will most likely be seriously damaged in terms of their propogation. 5. A major question which should fall the responsibility of the developer is the assessment .of the actual amounts of organic detritus which will be activated 'and translocated in the stream through the action of the motorized craft he will attract to the area. Given the highly organic character of the bottom and the movement of the waters one may safely pre- .~ dict that organic matter will indeed be moved toward the Lake, the actual amounts VArying with the volume of flow and the extent of prop turbulence The developer is next faced with the question of impac.c of such organic detritus on the Lake. In other streams and lakes such organic matter may place a significant biological oxygen demand on the receiving environ x- mente In this case, one can suggest that the receiving envi- ronment will be the deeper water of the Lake. If such oxygen demand is great, especially during warmer years, oxygen levels in the deeper waters could be further depleted of oxygen moving the lake ever closer to the serious consequences of anoxic con- ditions (Which are loss of lake life and the release of certain nutrients held by the sediments). This stress coupled with the now well established higher phosphate levels and produc- tivity in the southern part of the Lake could be a serious factor in the decline of water quality in a variety of ways. Considering the vast amounts of organic matter now held in the wetlands se~ious decline of the stabilizing existing ~ege- tation could have serious repercusions on the entire lake. 6. Another aspect of marshland deterioration is the now well recognized release of phosphate, especially in marine · coastal circumstances. In some areas of the New England -. -. Lj, . '"- coast one of the greatest sources of phosphate is the deterio- rating marshes. ~elease of phosphate from the marsh is inevi- table with disturbance. The question, of course, is just how much. Again, the developer should bear the burden of answering this question in that he is provoking the circumstances under which such projected release could occur. Given the fact that outboard motors create turbullence ten feet and more deep and that much of the stream is now only a foot or less deep (even at highest water) much organic matter will be translocated and it may be assumed that this organic matter does indeed carry significant amounts of phosphorus. 7. Let us now turn to several of the questions which relate to the needs of the residents who come to occupy the proposed development. It is expected that the developer will be sensitive to their likely activities, and expectations. The several questions which I have on this aspect are: a. How stable is the fill ~hich is now being introduged? Will it settle causing the homeowner undue expense in maintenance of structures and land surfaces? b. Will herbicides be permitted for the control of lawn, garden, swamp and marsh vegetation? What influence will these herbicides have on the other parts of the marsh and the Lake? c. Will the close proximity of resid~nces and peren- nial standing water gen~rate insect problems which will require extraordinary control procedures such as broadscale spraying? If such spraying does occur what impact is projected for the immediate area and the marsh at large? .J d. Will residents be allowed to maintain pets such as dogs and cats? If so what influence will such animals have on nesting waterfowl and other wild- life in the marsh? . e. What restrictions will be placed on the use of specialized vehicles such as snowrnobiles, swamp buggies, propeller craft, all terrain vehicles, etc. which might be prompted by the proximity to the marsh area? If such restrictions are not planned what impact will such vehicle use have on the marsh? f. What activities regarding substrate management might be projected as inevitable and necessary by residents (i.e. ditching, filling, dredging, etc.) and how will these relate to federal, state and municipal law? In other words are residents being placed in a position of implicit violation of standing laws designed to protect and regulate the use of natural resources? g. I}:'o,.what extent will lavms and gardens be developed and what impact will' such development have on the marsh and the Lake? The application of fertilizers, . - - 5. - her- bicides and pH regulating chemicals may prove especxally critical here. h. How will waste waters be treated and what impact will such treatment have upon the marsh, the-Lake and water supply? What safety factors are planned for the system and what are the implications of failure at different seasons of the year? 8. Finally, several much more difficult questions arise which must be considered. Does the development constitute a "precedent", which will lead to further de;'elopment of the same type? If it does what are the implications? 9. Next, will those persons who take occupancy be placed in significant social jeopardy, i.e. will they because of lack of information enter into a complex and awkward involvement which will prove destructive to their health, financial well- being and status in the general community of the Lake George Region? 10. Finally, what are the realities of the tax structure related to the development? Until the accounting is well re- searched and detailed the net gain of revenue for the hosting community remains in serious question. The problems of water supply, solid waste disposal, law enforcement, wildlife manage- ment, water resource management, health care, and the supply of other social needs may under such circumstances place an unusual and excessive burden upon the tcwnship. Intrusion into a typical or vulnerable development site frequently has just this consequence. We have learned at great social cost not to build. on river flood plains, unstable slopes, geolo- gical fault lines, areas prone to fire, etc., and it is be- ~ coming rapidly clear that marshland development has its own problems as well. In review then there is but one conclusion. Many ques- tions have been left unanswered and these questions are not easily answered. Suitably detailed answers will take both time and considerable money. However, to undertake the devel- opment as proposed without such answers well in hand has the very real potential, in this opinion, of generating quite significant and widespread social costs which will have to be borne by the community at large rather than those respon- sible for the development. In short, the development has the potential of being counterproduotive, contributing to a net loss of life quality for the entire Lake George basin system. .. 6. - I would thus, urge that those responsible take all pos- sible action to require the developer to provide information which will indeed allow the fair and judicious decision making. The matter is certainly not one of limiting any person's constitutional rights, rather it is protecting the rights of those who stand to lose through the abuse of the freedom assigned to each participant of a free enterprise society. "- "'~ Biology Chairman Eastern New York Chapter The Nature Conservancy I, , ", '- ..