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1983-07-06 Id ð' MINUTES Queensbury Planning Board July 6, 1983 8:00 P.M. Present: R. Roberts, Chairman R. Montesi, Secretary J. Dybas H. Mann K. Sorlin R. Noll S. Lynn, Staff Absent: W. Threw The minutes of the June 1, 1983 meeting were approved as written. The minutes of the Special Meeting June 16, 1983 (on site Albany International Engineered Systems) were approved with two abstentions (Sorlin and Dybas) due to absence. SUBDIVISION: Karl Paulsen #2-83 2 lots-off Pulver Road and on Lake George LR-IA Mr. Paulsen and Mr. Leon Steves present. Planning Board previously denied recommending approval of variance to lot size and not fronting on public highway. Zoning Board of Appeals approved variance. Soil and percolation tests show sufficient for septic system as outlined. Mr. Roberts asked if there were a future problem meeting the sanitary code would they be prepared to put in a holding tank. Mr. Paulsen said they would be prepared to do so. Mrs. Mann offered a motion for Sketch Plan approval, seconded by Mr. Noll. All voted in favor with the exception of Mr. Montesi who voted no. A public hearing is set for August 3, 1983. SUBDIVISION: Hickory Hill, Charles and Beverly Maine, Developers east side Ridge Road and south side Sunnyside Rd. (Sketch Plan for 49 lots) Mr. Maine and Mr. Steves present. Mr. Roberts noted that this subdivision is proposed to be built on property the Board is familiar with because another developer came before them some time ago but the subdivision never materialized. Lots will be larger than the required 30,000 sq. ft. and highway standards will be conformed to. Mr. Sorlin offered a motion for Sketch Plan approval, seconded by Mr. Dybas. Motion carried unanimously. Public hearing set for August 3, 1983. OFF-PREMISES SIGN NO. 20 - Great Escape Camping Resort, Inc. HC-15 west side Route 9 opposite Round Pond Rd. (Paul Lukaris, property owner) Mr. Roger Smith present. This is a legal size sign. The Board agrees with the need for this sign. Mr. Montesi offered motion for apprøval, seconded by Mrs. Mann. Motion carried unanimously. -.....- RESOLVED: The Board approves Off Premises Sign No. 20. The sign is conforming in all respects. , ~ c¡ Pqge Two OLD BUSINESS: SITE PLAN REVIEW, Type II #7-83 - Alan Mercure 94 Meadowbrook Road UR-5 Mr. George Kurosaka present. Mr. Kurosaka performed perc tests and hit water at 5 feet,which stabilized at 46" over a 12 hour period. Mr. Lynn asked that they let it stabilize for 60 days which Mr. Kurosaka agreed to. An above ground berm system would be required. In reviewing the application Mr. Lynn said it is for a multi-family project. There isa duplex on the property, when they added the third dwelling unit it created a multiple family project which is allowed in this zone with Site Plan Review. Mr. Kurosaka stated there is no intent to use the garage unit again as a residence, it was temporary because the son was living there. Mr. Kurosaka said the reason for the septic system is because there is a toilet in the garage and Mr. Mercure is maintaining the garage for his busi- ness and storage of equipment. Mr. Lynn asked if Mr. Mercure was changing the residential use to an office. If so, the application should be for a variancê rather than Site Plan. Mr. Sorlin said he felt that Mr. Kurosaka's intent is to convince the Board that a septic system is feasible on this property but now the "waters are muddy" and we don't know what the applicant wants. Mrs. Mann offered a motion, seconded by Mr. Dybas to table application for one month beyond the 45 day limit (tabled from previous month) with the approval of Mr. Kurosaka. Mr. Sorlin pointed out that original application does not have Mr. Kurosaka's name on as agent. Mrs. Mann withdrew her motion. Mr. Noll offered motion to turn down Site Plan Review #7-83 with the stipulation that Mercure's could reapply with the same application at no extra cost. Second by Mr. Montesi, motion carried unanimously. RESOLVED: The Board disapproved this Site Plan Review with no restriction on time to reapply. We did not have enough in- formation. Not sure whether it is for commercial or residential use, etc. NEW BUSINESS: SITE PLAN REVIEW, TYPE II #8-83 - AMG Industries 53 Luzerne Road LI-IA Mr. Fred Alexy present. Addition of 15,000 sq. ft. to back of building to be used as an open shed warehouse, ultimately to be closed in. Purchased 6 additional acres. The old building is being renovated. Motion for approval by Mrs. Mann, seconded by Mr. Sorlin. Motion carried unanimously. RESOLVED: The Board granted approval for this Site Plan Review as it meets all requirements set forth and is in keeping with the character of the area. '- {3D Page Three SITE PLAN REVIEW, Type IT #10-83 Wm. C~ist West SiGle Rt. 9 HC-15 Mr. ~rist present. Proposed use - 1 - 1000 gallon propane tank in a 10' x 22' fenced area. Mr. Bodenweiser has no problem, regulated by State and Fire Marshal. Mr. Noll asked why front location instead of side. Mr. Christ said it was for customer access. Mrs. Mann offered motion for approval, seconded by Mr. Sorlin. Motion carried unanimously. RESOLVED: The Board granted approval of this Site Plan Review Type II with the following conditions: That cement posts be installed on each corner and 5~ ft. apart across the front to protect tank from cars, plows, etc. Work with Beautification Committee. VARIANCE NO. 838 - Edward P. Foy 312 Bay Road UR-5 Mr. Foy present. Patio dining facility addition to an existing restaurant. The proposed addition will extend into the 50' buffer zone required by Article 7, section 7.07g. Mr. Montesi and Mr. Dybas questioned noise from piped music and effective screening to probect Singleton's. Mr. Foy plans to have barbecueing on patio on occasion. Mrs. Mann offered motion for approval, seconded by Mr. Montesi. Motion carried unanimously with the exception of Mr. Dybas who voted no. RECOMMENDS: The Planning Board recommend approval of this variance with the following stipulations: 1. No music on patio when wake hours are taking place in funeral home. 2. Must work with Beautification Committee to establish a screen on north side to shield funeral home and grass must be planted on north side. VARIANCE NO. 839 - William Thomson HC-15 south side Quaker Road east of Glenwood Ave. No one present. Motion by Mann, second by Noll, no action. unanimously. RECOMMENDS: The Planning did not have Board needed Carried '- Board took no action as they enouçh information. Planning specific information as follows: 13 , Page Four 1. Traffic patterns-where do cars stack in rush hour and where are driveway cuts. 2. Meeting code for wastewater and what kind of septic system will be used. 3. Grade of land - it is low now. How close to Halfway Brook? VARIANCE NO. 840 - Web Graphics, Inc. HC-15/LI-IA north side Corinth Road Mr. D. Newcomb, Exec. Vice President present. Proposed use to en~arge current manufacturing facility to aocommodate additional equipment and employees to handle increased sales of present product line and new stationery product lines, consistent with present manufacturing process. Mr. Sorlin offered motion for approval, seconded by Mr. Montesi. Motion carried unanimously. RECOMMENDS: The Planning Board recommend approval of this use variance based on the following: Smallest portion of expansion is in Highway Commercial Zone. Largest part will be in conformance with Ordinance. It is in keeping with the character of the area. Building pre- existed ordinance at its present use. VARIANCE NO. 841 - David Robinson NC-IO southwest corner Route 9L and Sunnyside Road Mr. David Robinson present. Mr. Robert's w:Lllabstain from voting on this application, Mr. Robinson has worked for Mr. Roberts. Proposed use for single family dwelling. Mrs. Mann offered motion for approval, seconded by Mr. Dybas. Motion carried unanimously with Mr. Roberts abstaining. RECOMMENDS: The Planning Board recommend approval based on the following: Pre-existing lot, large enough to have well and septic system. Hardship - we zoned lines to 400 ft. depth for Nieghborhood Commercial and this rear lot not good for Neighborhood Commercial Zone. 20 ft. right-of-way to lot is only access. -- /3 J. Page Five VARIANCE NO. 842 - Gary D. Bowen west side Ridge Road SR-30 Mr. Gary Bowen present. Proposed use, two buildings, one used for storage, the other for light panelization. Mr. Roberts will abstain from voting. Mr. Bowen said that according to a recent appraisal, the property has a value of about $100,000. in a commercial state, the land has a value of something less than $6,000. The buildings which are pre-exisbing have no residential valué There would be light manufacturing done in one of the buildings for panelization, taking 2x4 studs and nailing plywood on and panelizing components. This would be an 8:00 - 4:30 p.m. operation, five days a week, Mon. thru Fri. It would all be done inside building. Mr. Bowen submitted two letters from neighbors within 500 ft. on same side of road stating they have no reservations about such use occurring on the land. Mr. Sorlin said that the pre-existing buildings create a hardship. Mrs. Mann said she had no problem with the storage but objected to the manfacturing. Mr. Montesi, noting that some of the neighbors were there and would have an opportunity to speak at the Zoni~g Board public hearing, asked Mr. Raymond Buckley (neighbor) if he had any feelings about this proposal. Mr. Buckley said he had no objection to the storage building or any use in line with the use that existed when Mr. Bowen bought the property. He would prefer not to see it go back to anything leaning more toward commercial and industrial. Mr. Montesi moved for approval, seconded by Mr. Sorlin. The motion carried unanimously with the exception of Mrs. Mann voting no and Mr. Roberts abstaining. RECOMMENDS: The Planning Board recommend approval of this use variance based on the following: Pre-existing buildings do in themselves create a hardship. They have no value as a residential area use. VARIANCE NO. 843 - Marilyn M. Fitzgerald RC-15/SR 30 between Route 149 and Glen Lake Road Mr. Neil Fitzgerald present. Proposed use to expand mining operation. Mr. Fitzgerald has filed for a mining permit from EnCon and has a conservation plan from Warren County Soil and Water. He is presently losing gravel from the bank regularly. Mr. Montesi offered motion for approval, seconded by Mr. Montesi. Motion carried unanimously. RECOMMENDS: The Planning Board recommend approval of this variance based on the following: '- Expansion of a non-conforming use. 15% to 45% slopes on part of property would negate any development plans. State permits which are required would keep a handle on mining process and reconstruction of land after mining. 163 Page Six VARIANCE NO. 844 - ABC Rentals southwest corner Quaker & Ridge Roads HC-15 Mr. Keith Coe, owner, present. Construction of building for storage of rental equipment to protect from weather and theft. Mr. Coe said his insurance carrier recommended this addition. Mrs. Mann offered motion for approval, seconded by Mr. Dybas. Motion carried unanimously. RECOMMENDS: The Planning Board recommend approval of this area variance based on the following: Display of practical difficulty - no room to move equipment if building is set at prpper setbacks. Loss of equipment additional hardship. Applicant will be able to keep equipment under roof and fence. VARIANCE NO. 845 - Sweet Road Bakers corner Route 9 and Sweet Road HC-15 Ms. Ann Jarosz present. To place 40 sq. ft. free-standing sign at zero setback in lieu of the required 15 ft. setback from property lines. The State owns 22 feet into parking lot from curb. Becausè of line of traffic a 15 ft. setback would make the sign an obstruction. Mr. Montesi said he felt for safety reasons it would be better to have the sign closer to the road. Mrs. Mann offered motion for approval, seconded by Mr. Noll. Motion carried unanimously with the exception of Mr. Montesi and Mr. Sorlin who voted no. RECOMMENDS: The Planning Board recommend approval of this sign variance based on the following: Traffic hazard if placed at proper setback. This would be the less traffic hazard for placement of sign. State also has an un- usually wide right-of-way at this location. VARIANCE NO. 846 - Robert McDonald Sherman Island and Corinth Roads SR-30 Mr. Ray Buckley present. Subdivision lot size 20,000 sq. ft. instead of 30,000 sq. ft. This is in reference to a subdivision that did not get filed in a timely fashion and subsequently new ordinance was passed and put size of lots in nonconformance. Mr. Buckley asked, if the variance is approved, can the public hearing on the subdivision be held atinext meeting of Board. Mr. Lynn said he could and asked Mr. Buckley to check with his office for deadline to file. Mr. Montesi offered motion for approval, seconded by Mrs. Mann. Motion carried unanimously. "- 13f Page Seven RECOMMENDS: The Planning Board recommend approval of this area variance as there was a pro- cedural error in the filing of this sub- division and a zoning change in density changed lot size. VARIANCE NO. 847 - William H. Schwab Bay Parkway, Assembly Point LR-IA Mr. Brian Stewart, Esq. present. Area variance for construction of 2 bedroom cottage. The problem is that test hole was dug for proposed leech field and there is a slow absorption rate which requires that they have 300 feet of tile in leech bed in order to meet N.Y.S. Health code. They can not meet the 75 ft. setback requirement. Mr. Sorlin offered motion for approval, seconded by Mr. Dybas. Motion carried unanimously. RECOMMENDS: The Planning Board recommend approval of this area variance. Practical diffi- culty is that he is meeting all septic requirements. Home will not be any nearer the lake than neighbors. VARIANCE NO. 848 - Gary Finger Assembly Point Road LR-IA Mr. Dean Howland, Jr. present. Variance for less than required 30 ft. setback on sides of home. The home is already constructed. Mr. Noll offered motion for approval, seconded by Mr. Dybas. Motion carried unanimously. RECOMMENDS: The Planning Board recommend approval of this area variance. Impractical to remove part of new home for a matter of l~ feet or 13 inches. VARIANCE NO. 849 - James DeNooyer Lockhart Mountain Road RR-5A Mr. Dean Howland, Jr. present. Variance required for addition to an existing garage on a lot that does not have a permitted principal building. Mr. Montesi offered motion for approval, seconded by Mr. Noll. Motion carried unanimously with the exception of Mrs. Mann who voted no. RECOMMENDS: The Planning Board recommend approval of this use variance based on the following: 0sdi~ Town issued a building permit for original garage. This was a mistake. The expansion seemed proper. Lot size is 22,000 sq. ft. Only thing we would do by disapproval would be to have applicant remove expansion of the building which would create a hardship.