1984-03-06
/C,?
MINUTES
Queensbury Planning Board
Tuesday, March 6, 1984 8:00 p.m.
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Present: R. Roberts, Chairman
K. Sorlin, Acting Secretary
V. Macr i, Jr.
J. Dybas
R. Noll
M. Dean, Staff
D. Sealy, Staff
Absent: H. Mann
W. Threw
Chairman Roberts introduced and welcomed Victor Macri, Jr.,
new Planning Board member to fill the unexpired term of R.
Montesi.
The minutes of the February meeting were approved as written.
SUBIDVISIONS:
Land 0' Pines, Section 5 #2-84
91 lots off West Mountain and Peggy Ann Roads
Mr. Tom McCormack, Mr. Norm Benack present. Mr. McCormack gave
a brief outline of the development noting that they have pre-
viously been granted conceptual approval. Charles H. Scudder,
Consulting Engineer to the Planning Board will be reviewing the
final drainage and road plans. Mr. McCormack will have these
plans shortly and they will be looking for final approval at
next month's meeting. Dr. Nelson Miller questioned the drain-
age easements between lots 62 and 63, parallel to lot 64. Dr.
Miller owns property and a trout pond across West Mountain Road.
(Refer minutes June 1, 1983). Mr. Scudder said that he would
be looking at the drainage plans and they would certainly try
to avoid any potential problems with runoff to Dr. Miller's
property. Mr. Roberts pointed out that the pond is in the
natural drainage path and they would do what they could within
reason to preserve it.
Mr. Roberts asked Mr. Benack if he had given up the idea of
duplexes in this development. Mr. Benack stated there would
be no duplexes, these would be primarily contemporary homes
with the same deed restrictions as the rest of the development.
Mr. Roberts said they would not be giving preliminary approval
tonight because they did not have final drainage and road plans,
however, they could grant preliminary and final approval at
next meeting if plans are satisfactory. Mr. Sorlin offered
motion to grant conceptual approval for the second time, seconded
by Mr. Dybas. Motion carried unanimously.
NEW BUSINESS
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Page Two
March 6, 1984
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SITE PLAN REVIEW NO. 2-84 Amerada Hess
81 Main Street corner Pine Street
To rebuild and expand existing gas station in HC 15 zone on
property situated at 81 Main corner Pine.
Mr. Roberts noted that this was dealt with last month as
variance, couldn't deal with as Site Plan until County had
looked at it. The Warren County Planning Board recommended
approval contingent upon applicant receiving variance. The
Zoning Board approved. Mack Dean said the Zoning Board approved
it, however, he said that one of the conditions that the County
wanted to put on Site Plan was that there would be a curb on
Main Street the width of the canopy. The Zoning Board did not
feel this was in the best interest of traffic flow and approved
as originally applied for. Mr. Sorlin said this was not noted
in Warren County stipulation. Mack said it was in the Minutes.
Mr. Elme~Cousins, 87 Main Street spoke
traffic prðbTem$ and snow removal.
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Mr. Noll offered mot~n to approve Site
Dybas. Motion carried unanimously with
of his concern about
Plan, seconded by Mr.
Mr. Macri abstaining.
RESOLVED: The Board approved this Site Plan Review
Type II on basis that overall plan should
improve traffic and safety and not materi-
ally change neighborhood character.
SITE PLAN REVIEW NO. 3-84 Takundewide
Cleverdale Road and on Lake George
LR-lA
To allow conversion of rental cottages to single family use.
Mr. Frank DeSantis, Esq. and Mr. John Mason present. Mr. Mason
explained that his family (owners of Takundewide) finds itself
in a Catch 22 situation. It is their hope that this resort re-
main entirely within their hands, however, if the resort remains
corporately owned and something should happen to his parents
the tax liability would be such that the resort would in all
likelihood have to be sold. By moving ownership from the
corporation to the individual stockholders (family members) ,
at the very least a large portion of the complex will remain
in family hands. As things currently stand any sale of
Takundewide would have to be a complete sale and the use as a
resort and marina would remain unchanged. Mr. Mason said with
a Site Plan Review application they accomplish two things
1) They have the ability to gift and/or sell single family
residences and 2) The conversion into single family residences
is a use that zoning regulations encourage (Qif I read Section
9.020 correctly").
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Page Three
March 6, 1984
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Mr. DeSantis gave the Board a written synopsis of how they see
Site Plan being appliced to Section 9.020. He feels they have
met the criteria in all cases.
Mr. Roberts questioned why it is necessary to call these single
family residences, why couldn't Mr. Mason's father break it up
and leave a certain number of rental cottages.
Mr. Sorlin questioned if each of the buildings would be on a
lot of its own in separate ownership. Mr. DeSantis said that
was correct. Mr. Sorlin said they were in fact subdividing one
big parcel of land into small parcels. He took exception to
Mr. DeSantis' written synopsis where he stated the property
would be converted from a present non-conforming use to one"
that is encouraged. It makes it possible but there is nothing
in the wording that says it is encouraged. Mr. Sorlin said the
availability of car traffic to each of these units is not pre-
cise at this time. Mr. Sorlin asked if they were contemplating
additional roadways. Mr. Mason said they are not. Mr. Sorlin
asked what is to prevent it once the property is subdivided.
He said that single family residences are very different from
seasonal rental cottages and as planners they want to make sure
that some years down the road there isn't a problem in that area.
Mr. Dean said that he had a problem in that we're looking at a
major change within the intensity guidelines of tne Park Agency
and within the density guidelines of the Town of Queensbury.
He pointed out that under subdivision regulations, this appli-
cation requires subdivision review. He said that some people
feel that our subdivision regulations are part and parcel of
the zoning ordinance which is not fact. Further, our sanitary
regulations would also come into play. He has a question with
the provision of 2288 sq. ft. within the existing septic system -
what happens when that fails and a fresh area of ground is
needed. Mr. Mason said they would give them the right (not
deeded) to put a septic system anywhere in the green area of
the map.
Mr. Roberts said they were concerned this would allow a great
deal more intense use of the property and feels this should
be reviewed under subdivisions. Mr. Mason asked under what
circumstances would any proposal fall under 9.020 if this
doesn't. Mr. Roberts said this was a weakness in the ordinance,
this section is not very clear and seems in conflict with other
major portions of the ordinance. Mr. Roberts also questioned
the section which gives the Planning Board authority to vary
the ordinance, which this seems to do. He said the Planning
Board cannot have this authority.
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Page Four
March 6, 1984
Mr. Charles Adamson, present at the request of the LGA. Mr.
- Adamson said that the application says nothing about the sale
of the property - "continue to be rented out as they have for
the past several decades". Mr. Roberts said he thought they
had made the comment that possibly some of these might have to
be sold sometime. Mr. DeSantis said the application was simply
asking for conversion to single family residences. They have
the right to sell without coming before the Board.
Marie Hillman, neighbor. Said they had been happy with the
Mason's in ownership. Concerned about many different owners,
septic and traffic.
Mr. Sorlin said the Warren County Planning Board recommended
approval of this request based on the conversion making the
property change from nonconforming use to a permitted use
which should have no overriding County impact.
Mr. Sorlin asked if a septiG failed down near the lake would
they be able to conform. Mr. Mason said they would have to.
Mr. Dean asked how he could issue a permit for a new septic
system that is not on the property owned by the individual.
Mr. Mason said this has been accomplished in the past. Mr.
Dean explained the intent of Site Plan Review and Subdivision
regulations. Mr. Mason agreed that there is more control under
Subdivision review than Site Plan, but feels this application
is definitely Site Plan. Mr. Dean thinks it requires both
reviews. Mr. Dean asked if the dock slips will be for common
usage of the owners. Mr. Mason said he did not know, it would
be something his parents would have to deœide. As it stands
now, the people in the renúal units have first choice at
renting docks and he can see no reason why that would not
continue. Mr. Mason said the individual owners would probably
form their own association. Mr. Roberts said it seemed they
would not have much control when they only own land ten feet
from their window. Discussion ensued regarding easements,
right-of-ways for septic and available space for septic.
At the request of Mr. Roberts it was decided to adjourn the
public hearing and table a decision of the Site Plan Review
until the next meeting. Mr. DeSantis requested copies of any
written communications the Board might receive between now
and the next meeting.
SITE PLAN REVIEW NO. 4-84 Charles Bleibtrey. J~.. LC-42A
west side Rt 9L near Pilot Knob intersection
To construct a single family dwelling on .88 acres in a Land
Conservation 42 Acre Zone.
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Page Five
March 6, 1984
Mr. Bleibtrey present. Mr. Roberts said this is a lot of record
which predates all the ordinances. Mr. Bleibtrey runs into
problems with a 100 ft. setback from stream in Dunham's Bay
wetlands and a 50 ft. setback from the road. Mr. Roberts asked
if there had been any perc tests. Mr. Bleibtrey said there had
been a hole dug eight feet and it is clay. He has been advised
by Mr. Dean that an absorption fill system would be required.
Septic would be next to road. Mr. Bleibtrey said his offer to
buy property had been accepted providing he can get variances.
Variance had previously been granted for solar home to pnesent
owner. Mr. Charles Adamson questioned location of septic and
leach field. Mr. Roberts said he would not get a building per-
met unless he meets the sanitary code. Letter read into file
from Mr. Bolen of Closter, New Jersey. The Warren County Plan-
ning Board recommends approval of request since there would be
no overriding County impact. Mr. Noll offered motion for
approval, seconded by Mr. Macri. Motion carried unanimously.
RESOLVED: Board approved this Site Plan Review II
because it is in residential area on
pre-existing non-conforming lot.
VARIANCE NO. 893 - Boats by George, Inc.
west side Rt 9 north of Rt. 149
HC-15
One free standing sign at zero setback from north property line.
Mr. George Pensel present. The primary purpose of sign is to
direct people to boat shop on Route 149. Mr. Dybas offered
motion for approval, seconded by Mr. Macri. Motion carried
unanimously.
COMMENTS: The Board recommends approval with side
line setback of zero as any other location
would put sign in right-of-way.
VARIANCE NO. 894 - Wm. P. Hunt
east side Cleverdale Road
LR-lA
To construct a single family dwelling on a lot less than the
required own acre.
Mr. Hunt present. This is an oddly shaped lot. Mr. Macri offered
motion for approval, seconded by Mr. Noll. Motion carried
unanimously.
COMMENTS: The Board recommend approval as use is
appropriate and lot is pre-existing
non-conforming lot. No specific approval
on building or septic requirement.
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March 6, 1984
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VARIANCE NO. 895 - Dunkin Donuts, 684 Upper Glen
PC-lA
To construct/maintain free standing sign at more than maximum
height as permitted by Queensbury Sign Ordinance.
Mr. Stephen Sealey present. The new sign is 10~ inches higher
than allowed.
COMMENTS: No action - Planning Board members were
not aware that existing sign is the one
being applied for'. Information relative
to this sign and Rent All sign directly
to the north was not clear.
VARIANCE NO. 896 - Charles Bleibtrey, Jr. LC-42A
west side 9L near Pilot Knob intersection
See Area Variance statement in file. Discussion under Site
Plan Review #4-84. Mr. Noll offered motion for approval,
seconded by Mr. Dybas. Motion carried unanimously.
COMMENTS: The Board recommend approval of this Area
variance as lot size, etc. limits location
of house and leach field - practical dif-
ficulty.
VARIANCE NO. 897 - George R. Pense 1 (Boats by George)
Route 149
HG-15
To construct open work area to front of building at same side
setback as existing builidng - 18 ft. in lieu of required 20 ft.
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Mr. George pensel present. Motion for approval by Mr. Sorlin,
seconded by Mr. Noll. Motion carried unanimously.
COMMENTS: The Board recommend approval as setback
is not changed from existing situation
and does not materially change character
of neighborhood.
VARIANCE NO. 898 - Hot an Cold Food Systems, Inc.
58-60 Boulevard
LI-lA
Reapplication of Variance No. 804 which has expired. Mr. Marvin
Dobert present. It was noted that Beautification Committee does
not approve. Mr. Dobert said that suggestions were made to the
Beautification Committee, an extension had been requested in
writing due to continuing construction. No reply was received.
Mr. Noll offered motion for approval, seconded by Mr. Dybas.
Motion carried unanimously with Mr. Macri abstaining.
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~age Seven
March 6, 1984
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COMMENTS: The Board recommend approval based on
previous recommendation and that applicant
meet wi thBe,autification Committee after
construction to get input on planting, etc.
VARIANCE NO. 899 - Glens Falls City School District
31 Glenwood Avenue
SFR-lO
Replace school bus garage destroyed by fire with larger garage.
Mr. Joe Collura and Mr. Cogavan present. Mr. Noll offered
motion for approval, seconded by Mr. Sorlin. Motion carried
unanimously.
COMMENTS: The Board recommend approval inasmuch as
not changing use of property. New build-
ings would improve site and neighborhood
would not be materially impacted. This
replaces a use that burned down.
VARIANCE NO. 900 - Smith's Equipment
northeast corner Ridge and Hicks Road
SR-30
New building for storage of lawn and garden equipment.
Mr. Randy Smith present. Mr. Dybas offered motion for approval,
seconded by Mr. Noll. Motion carried unanimously.
COMMENTS: The Board recommend approval for expansion
of nonconforming use. Will not materially
impact neighborhood and will improve site
appearance by inside storage.
VARIANCE NO. 901 - Wayne pelak
20 Dorset Place
SFR-30
Garage with apartment for family member - 3 months use only.
Mr. Pelak present. Motion for disapproval offered by Mr.
Dybas, seconded by Mr. Macri. Motion carried unanimously.
COMMENTS: The Board recommend disapproval of this
variance. No hardship and contrary to
purity of Single Family Residential Zone
in Ordinance.
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Page Eight
March 6, 1984
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VARIANCE NO. 902 - Daniel and George Drellos
LI-lA
To establish mobile home park in zone on property situated at
the north side Luzerne and approximately 500 ft. west of
Northway.
Mr. George Drellos, Mr. Michael O'Connor, Esq., Mr. Leon Steves,
Mr. Harwood Beatty present. Mr. Beatty, licensed appraiser
is of the opinion that the uses permitted in the classification
would not provide in current times (ten to twenty years) a rea-
sonable return on the property. That is basis for hardship.
They would not be changing character of area. Property was
purchased prior to present zoning. Formerly R-3 area which
allowed mobile home park with special permit. Present zoning
has created an island of this property. Ordinance 12 says
that you cannot locate a mobile home in Queensbury if you're
not in an approved park. Mr. O'Connor made the point that
nowhere in the zoning ordinance are mobile home parks a per-
mitted use. Mr. O'Connor said they can not be excluded en-
tirely, there must be some place for them. Mr. Roberts asked
if 30 ft. roads were wide enough. Mr. Steves said yes. Mr.
Roberts said the Planning Board thinks bhere should be places
in the Town for mobile homes, this seems like a logical place.
Mr. Sorlin concurred that this seemed like an ideal place for
a mobile home park. Mr. Macri offered motion for approval,
seconded by Mr. Noll. Motion carried unanimously.
COMMENTS: The Board recommend approval as p~operty
was originally purchased under old zoning
for use as mobile home park. Town needs
additional mobile home space and this is
ideally located near another mobile home
park and property not ideally suited for
light industrial.
VARIANCE NO. 903 - Lake George Boat Company(A. Coolidge Thomas) LR-lA
Brayton Road, Cleverdale
To ehlarge shop destroyed by fire with less than required side
setback in LR-lA.
Mr. Richard Salerno present. Mr. B (corner Cleverdale and Brayton
Road questioned lot lines and encroachment on his property.
Mr. Salerno said it would be surveyed and any discrepancies
would be cleared before they meet with Zoning Board. Mr. Sorlin
offered motion for approval, seconded by Mr. Noll. Motion carried
unanimously.
COMMENTS: The Board recommend approval as this is a
replacement of a longtime business that burned
down. Setbacks are no closer to side line than
former structure. New structure adjoins another
building and enlarges shop area, but no additional
boat storage. New building should improve appear-
ance of the total site without any additional
/~" ¡J ¡J .' .. burden on lake.
(J~ 41/ (fUJ
Richard Roberts, Chairman