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1983-04-06 I(JO MINUTES Queensbury Planning Board April 6, 1983 8:00 P.M. Present: R. Roberts, Chairman R. Montesi, Secretary K. Sorlin H. Mann R. Noll W. Threw S. Lynn and M. Dean, Staff J. Dybas Absent: The minutes of the March 3, 1983 meeting were approved on a motion by Mrs. Mann, seconded by Mr. Sorlin. Motion carried unanimously. Mr. Roberts welcomed Mr. Ronald Noll of 1 Bayberry Court as a new member of the Planning Board. OFF-PREMISES SIGN NO. 18 - Glenwood Associates, Ltd. (H.R. Tyrer, Jr.) Glenwood Avenue and Quaker Road on Warren County ROW Mr. H. R. Tyrer present. The applicant has permission from Warren County, owner of the property, to place sign on county property. The sign is 56.52 square feet and the ordinance allows 10 square feet. Mr. Tyrer said the sign would be roughly 80 feet from Quaker Road and 60 feet from Glenwood. They have been told that the proposed widening of Quaker Road will not affect the placement of the sign, however, they have agreed with Warren County that they would move the sign at any time the county requested. Mr. Sorlin asked if the sign could be placed on the applicant's property. Mr. Tyrer said if they did that they would have to remove many fine trees and shrubs that would be detrimental to the area. This sign is not a directional sign and the wording of the ordinance does not deal with an off- premise sign other than directional. Mr. Sorlin said this would be a nonconforming off-premise sign. The ordinance states that if every- thing is in conformance the Planning Board can grant the sign. Mr. Tyrer stated that many of the oversize signs on Quaker Road are on county property (Queensbury Motors, State Bank of Albany, etc.). Mr. Dan Kane (Warren County Planning Dept.) stated this would be a variance of the sign ordinance. Mr. Robert's suggested this should go to the Zoning Board of Appeals for clarification because the ordinance is not specific. Mr. Lynn stated that because of procedural problems this could not be put on this month's agenda for a variance but could be put on as an Interpretation. Mr. Tyrer stated that this concerned 23 business people some of whom have already given up their leases elsewhere. They would like to be operable by the 15th of April. Mrs. Mann offered a motion to recommend approval of Off- Premise Sign No. 18 and ask that the Zoning Board of Appeals review. '- /0/ Page Two April 6, 1983 Mr. Lynn stated that because of the time frame Mr. Tyrer is in a temporary sign permit can be issued to carry him over the time that will be required to go through the proper channels. Mrs. Mann withdrew her motion. Two more motions for approval were offered. After discussion it was agreed that this should be changed to a variance. All motions withdrawn. Mr. Lynn reiterated his recommendation that they get a temporary permit to last in the interim. Mr. Sorlin stated that is asking Mr. Tyrer to take a risk. Mr. Tyrer said he is willing to accept the risk. Mr. Montesi suggested that Mr. Tyrer withdraw this application, get a temporary sign permit and reapply for a variance next month. The Board concurred and Mr. Tyrer withdrew his application for an Off-Premise sign. SUBDIVISIONS Butternut Hill Subdivision - (Charles Maine, Developer) West off Ridge Road Mr. Charles Maine present. Mr. Maine wishes to change property lines around the pond in his development so that he will retain ownership and keep the pond looking the way it should. He is looking into the possibility of forming a homeowners association in the future for the care of the pond. The lots that are altered are still in excess of the ordinance requirements. Mr. Sorlin offered a motion for approval, seconded by Mrs. Mann. Motion carried unanimously. RESOLVED: Approval of revision of Butternut Hill Subdivision for lots 1, 2 and 27 in accordance with plan on map of record dated 4-6-83. Stonecroft Subdivision No. 1-83 - Sketch Plan Submission 7 lots (Ken Mahosky, Developer) West Mountain Road Mr. Leon Steves present. Mr. Roberts noted this subdivision was given conceptual approval some time ago and the time has run out. Discussion of dead end roads - they will be in a T formation (preferred by the Town) rather than a cul-de-sac. Mr. Montesi pointed out that the ordinance has changed with regard to roads, they must be paved before Town will accept and before CO's and building permits can be issued. There is presently one lot that has been developed and is less than the 30,000 sq. ft. requirement, developed before the new ordinance. Bill Threw will abstain from voting because he has done some work in the area. Mr. Montesi moved for Sketch Plan approval, seconded by Mr. Noll. Motion carried unanimously with one abstention. RESOLVED: Sketch Plan approval for 7 lots Phase I of Stonecroft Subdivision. '- /()~ Page 3 April 6, 1983 ,- Site Plan Review (Revision) V.S.H. Realty, Inc. Cumberland Farms - Route 9 & Kendrick Rd. Mr. Thomas McCormack and Mr. Wesley Thomas present. The revision moves the entire construction back 25 feet to cause the gas pump islands to be at the 50 foot setback line. With the exception of moving a couple of parking spaces, this plan is identical to the original plan. The drainage flow remains the same. There is 20 percent permeable land remaining. Mrs. Mann offered motion for approval, seconded by Mr. Montesi. Motion carried unanimously. RESOLVED: The Board Revised. gas pumps road. approved Site Plan Review #9-82 The major change is placement of to meet the 50 foot setback from NEW BUSINESS Variance No. 818 - Premier Broadcasting Corp. West side Everts Avenue LI-IA Zone New independent radio broadcasting station, to be constructed on a parcel of land to be divided off the existing broadcasting station (WBZA) property. The newly created lot will be ~ acre, in lieu of the required one acre for the LI-IA Zone. Mr. Gus Cawley present. Mr. Caswley stated that this was a settle- ment that was made by an administrative law judge for the FCC. Part of the settlement was to give Premier enough larld to build a new radio station and utilize the ground system and tower that is now utilized by WBZA. The reason they can not have the additional half acre is because it would destroy the undergrourld system. Mr. Sorlin offered a motion for approval, seconded by Mrs. Mann. Motion carried unanimously. COMMENTS: The Board recommend approval of this area variance. As this is an area variance practical difficulty must be shown. This would be a non-conforming lot 150 ft. by 150 ft. instead of the required 200 by 200 ft. Because of the wires in the ground for tower, and the unique agreement of WBZA and WNIQ, we feel this is a degree of practical difficulty be- cause of the grid in the ground. This cannot be disturbed without hurting the radio signal. "'- / "'. " c{ ") Page Four April 6, 1983 --- Variance No. 819 - Douglas E. Lamkins UR-IO Zone 192 Sherman Ave, Harris St., Mallory Ave. To place a swimming pool in the front yard and at an 8 ft. distance from the dwelling in lieu of the required 10 ft. Mr. Lamkins present. This property is surrounded on three sides by roads and it's difficult to say what is the front and rear yard. Having the 8 ft. distance from the dwelling will allow more area for grass. The pool size is 16 x 32. Mr. Sorlin offered a motion recommending approval, seconded by Mr. Montesi. Motion carried 'unanimously. COMMENTS: The Board recommend approval of this area variance. The practical difficulty is that the applicant has no backyard. Variance No. 820 - Randolph and Susan Bardin off Stone Schoolhouse Road LC-IOA Zone To build a single family dwelling constructed on a lot that does not front on a public ROW contrary to Artile 7, Section 8.076. Mr. and Mrs. Bardin present. Mr. Roberts noted that there have been problems in the past with access for emergency vehicles, fire trucks, etc. on non-Town roads that are improperly maintained. Mr. Bardin said he owned property within 100 feet of town claimed road. Mr. Bardin said the road is in bad shape now because there is a stone quarry in operation beyond his land on land owned by Mr. Chris Crandell. He said the company will be fixing the road up because they will be hauling with tractor trailers. Mr. Sorlin stated that the Town road ends on another person's property. He said if Mr. Crandell would sell a strip of property to Mr. Bardin, to the Town Road he would be legal. Mr. Roberts suggested he discuss these problems with Paul Naylor, Highway Superintendent. Mrs. Mann offered motion to recommend disapproval, seconded by Mr. Threw. Motion carried unanimously,with the exception of Mr. Sorlin who voted no. COMMENTS: The Board recommend disapproval of this area variance on the grounds that it is not conducive to good planning. Proposed house would be 150 ft. from Town road. This is a self imposed hardship. Variance No. 821 - James E. Ouderkerk Jay Road, Glen Lake SFR-30 Zone To build garage addition that will be less than the required 50 foot setback from the lake. '- lúJf- Page 5 April 6, 1983 '- Mr. Ouderkerk present. The shed that is presently there will come down. Mr. Sorlin said he has a problem with this area of Glen Lake because it is getting so congested, however, he will not be altering the neighborhood. It is already wall to wall buildings. Mr. Sorlin stated that voting for or against this would not affect the area. It will never go back to being uncluttered. Mrs. Mann stated if the garage were to go in the rear of the property there would be no space left for septic. Mrs. Mann offered a motion for approval, seconded by Mr. Noll. Motion carried unanimously with the exception of Mr. Montesi who voted no. COMMENTS: The Board recommend approval of this area variance as it is more logical to put garage in line with the house using existing setback and save the land away from the lake for septic system. Variance No. 822 - Donald J. Flood East side of Route 9 HC-15 Zone To operate a Christmas gift shop which shall serve the traveling public similar to permitted uses allowed in the vicinity. Mr. Donald Flood present. Mr. Sorlin stated that this is another problem with the wording in the ordinance. Proposals have been recommended to change that section of the ordinance. Mr. Sorlin offered a motion to recommend approval, seconded by Mr. Threw. Motion carried unanimously. COMMENTS: The Board recommend approval of this use variance. In accordance with the recommended changes in our zoning ordin- ance for expanding permit~ed Highway Commercial uses, this use would be a permitted use. Variance No. 823 - Abe Schonwetter Seeley Road on Lake George LR-IA Zone To construct a glass/screened in porch for summer outdoor/indoor activities without required setback from Lake George. Mr. Joe Roulier present. Mr. Roulier stated that the problem is proximity to lake. The house is surrounded on three sides by Lake George. He said that any type of addition would require a variance. He said they were asking where they would be allowed to put this addition. Mr. Sorlin said that it appeared that the little piece of land that this house is on is partially man-made. The proposed addition would go to the seawall but not go out over the seawall. - I 0_5' Page 6 April 6, 1983 - Mr. Sorlin stated that this would not do anything to increase the density or increase the burden on the lake from a sewage standpoint but it's one of those creeping kinds of things by adding on and adding on. Mr. Montesi said that they keep on giving in to 25 ft., 15 ft., 30 ft. Now they are not talking about feet but directly on the water and he can't fathom that the Planning Board would accept this. Mr. Lynn said they will have a soil barrier problem which will undermine if it hasn't already started to. Mrs. Mann said that the reasons to protect the lake were environmental which would not affect this application. It may improve aesthetics. Mr. Sorlin said they are talking about putting an addition on an already cramped piece of property and in the ordinance they are trying to stop the clutter and expansion of the forever growth on Lake George. Mr. Charles Adamson, Assembly point- on behalf of the Zoning Committee of the Lake George Association. The problems of concern are runoff and the issue of precedent. If you allow this, for this man's convenience, to go that much further towards the lake, what about the other people who would like to do the same thing, on Rockhurst for instance. Mr. Adamson cited Section 10.040 (a) which specifies practical difficulty. He sees no practical difficulty. The ordinance also states that what you are doing would not be materially detrimental to the purposes of the ordinance. He suggests that in terms of pushing toward the lake this would be minor ob- struction. It would also say to other people that we don't believe in the ordinance. Mr. Roulier said that he agreed with Mr. Adamson but in this particular case, every direction he could go in would be toward the lake. He said it is a unique situation. He feels that aesthetically this will enhance the neighborhood. Mr. Sorlin feels that this applicant has other options. Mr. Montesi offered a motion to recommend disapproval, seconded by Mr. Threw. Motion carried unanimously with the exception of Mrs. Mann who voted no. COMMENTS: The Board recommend disapproval of this area variance. The applicant has not shown practical difficulty. How can we allow a building to be built on the shore of the lake, with no setback, when the required setback is 75 feet. Variance No. 824 - Frank Cottone (Tri-County Kitchens) South side of Corinth Road HC-15 To expand the existing manufacturing enterprise with the construction of an addition for storage and office space. Mr. Cottone present. This addition will be for storage and office space. There will be no production within the addition. The materials are now stored outside under black plastic which is unsightly. .- ¡o(o Page 7 April 6, 1983 Mr. Sorlin offered a motion to recommend approval, seconded by Mr. Montesi. Motion carried unanimously. COMMENTS: The Board recommend approval of this use variance to expand a non-conforming existing use. This will not materially change the character of the neighborhood. Pre-existing nonconforming use is the hardship and it is there already. J~-tJ //! ~ Richard Roberts, airman .,C-:'.- ,,/ L./ ¿;.7 -'/3