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1984-03-06 /C,? MINUTES Queensbury Planning Board Tuesday, March 6, 1984 8:00 p.m. -- 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 ......... /6,'1 Page Two March 6, 1984 --- 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. -~ 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"). /~8 Page Three March 6, 1984 '- 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. ~9 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 deÅ“ide. 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. 17() 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. '-" /7/ Page Six March 6, 1984 - 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. ~' 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. ',,-- /11 ~age Seven March 6, 1984 -- 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. --- /13 Page Eight March 6, 1984 " ~. 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