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2006-01-30 SP MTG4 415 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 SPECIAL TOWN BOARD MEETING MTG. #4 JANUARY 30, 2006 RES. 71-75 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Highway Superintendent Rick Missita Deputy Highway Superintendent Mike Travis Zoning Administrator Craig Brown Chairman of the Queensbury Zoning Board-Chuck Abbate 1.0INTERVIEWS OF PLANNING BOARD ALTERNATE CANDIDATES/ZONING BOARD OF APPEALS ALTERNATE CANDIDATES AND RECREATION COMMISSION MEMBERS RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 71, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to conduct the following interviews: Planning Board Alternate Candidates, Zoning Board of Appeals Alternate Candidates and Recreation Commission Member Candidates. th Duly adopted this 30 day of January, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES; None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 72, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back into Special Town Board Meeting. th Duly adopted this 30 day of January, 2006 by the following vote: 416 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None SUPERVISOR STEC-We are out of Executive Session, no action was taken 2.0 BAY RIDGE RESCUE SQUAD – MEDIC VEHICLE REPLACEMENT Supervisor Stec-Proposal being-the new vehicle would become the medic truck, the current medic truck would become the Captains vehicle and the current Captains vehicle would be traded in. Members of the Bay Ridge Rescue Squad present-Spoke to the Town Board regarding the purchase of a new four wheel drive medic vehicle, requesting permission to borrow no more than $30,000, the vehicle will cost $22,689. and amenities at $4,500…noted a new ambulance will be requested for next year and the $74,000 in the restricted vehicle fund is requested to be used for that purchase. th Supervisor Stec-Set a public hearing for February 27. 3.0 TOP OF THE WORLD PUD – MODIFICATION DISCUSSION Ms. Kim Feeney-Requested modification of the Top of the World PUD (passed out maps with existing building locations) Senior Planner Stuart Baker-Questioned raised if agricultural use was a permitted function on the Top of the World PUD, the record does not show that a written agreement was ever done. Mr. Brown has an interpretation that any change in the use, other than what has been approved will require an amendment of the PUD. Councilman Sanford-We are going through a lot of changes in the Town right now and have kind of established a little bit of a policy that we are inclined to wait until the Comprehensive Land Use Plan is finalized which maybe in about six months. I for one think this would be a good favorable change but I want to walk the site. Questioned the time line for Ms. Fenney. Ms. Feeney-Would like to hit the growing season this year. It is consistent with the land use planning, preserving open space, diversify the economy, I do not think it taxes the land … proposal on eleven acres to raise vegetables Councilman Boor-My question is chickens and pigs are an agricultural use, with regards to a green house or a large garden it is unclear to me if that is agricultural use until it is sold or used in a commercial sense. I do not know if I would advise her or not advise it but it would not seem unreasonable that if the temperature of the board is that they would probably go with this but at this point in time we would not entertain any re-zonings because of the stance that we have taken with other projects, we could not say don’t go and plant a big garden or don’t have a greenhouse, is that correct? Zoning Administrator Craig Brown-Once the greenhouse is over 300 square feet our zoning code considers it a commercial greenhouse, the garden portion of it is a gray area but when you look at the overall picture of what they want, they want a garden, they want a greenhouse they want the ag. use if you look at the Top of the World PUD agreement which there isn’t one there is not a list of allowable uses. If it is not listed you have to consider it as an amendment. Councilman Boor-It appears that you could put a 300’ greenhouse… 417 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 Supervisor Stec-That gives us time to view your whole PUD agreement the right way… Ms. Feeney-In the APA permit that correlates with the PUD agreement they did approve horses, I do not know if that is something to rely on at all? Horses were considered as far as the Town of Queensbury as agricultural. Councilman Sanford-We are talking sequencing… I want to be consistent with applicant driven changes of zone and don’t want to appear to be arbitrary where we tabled four or five of them before us because we wanted to see the Comprehensive Land Use Plan through so we want to make sure it was in compliance with the vision that we are going to be re-establishing for the Town and then even though while we may be favorably inclined with this one it seems rather subjective for us to say we are ok with this one we are not good with the other five. I have read the material and I believe that is will probably going to be a positive thing there is additional work that is going to be needed in terms of making sure that run off and things of that nature is not going to cause problems with some of the waterways and things of that nature. We have got to see it. Supervisor Stec-To summarize-for this growing season, you can have a greenhouse up to 300 sq. feet and a garden and beyond that all the other approvals that we need will trigger this PUD review Modification/Rezoning which just last meeting passed a resolution saying that we were not going to entertain any of those until the Comprehensive Land Use Plan which is August-September which would lose you the rest of the growing season anything beyond that. Councilman Sanford-Reviewed for the applicant the process of site plan review. Supervisor Stec-What you are wondering is what can or can’t I do, I do not think anyone here is looking to make trouble if you have an acre or two acre herb garden but as far as the structures and the full blown commercial use you are going to need to update that PUD and unless we change something in our policy that will not happen until it is done. Sr. Planner Baker-The Comp. plan and the Code Amendments if we stay on schedule should be completed in July. 4.0 FAITH BIBLE CHURCH - PULLED Councilman Brewer-Spoke on the development of a trail system, consisting of Hudson Pointe, Faith Bible and Town of Queensbury property by Native Textiles. Need to obtain a small parcel from the City of Glens Falls for this project…The Recreation Commission needs money to develop the trail system. 4.0 TOWNWIDE DRAINAGE ISSUES Councilman Sanford-Spoke with Tammy Sullivan-18 Homer Avenue - also spoke to Highway Supt. Rick Missita and Deputy Highway Supt. Mike Travis on this drainage situation...noted there was six feet of water in the Sullivan’s basement … noted it is a County issue to a large degree Queensbury Highway Supt. Rick Missita-Showed the Town Board maps of the reconstruction of Quaker Road from Pine View Cemetery to Ridge Road. The flow of water starts at Pine View and funnels into the Meadowbrook Road area. From Ridge to Meadowbrook Road everything going under Quaker Road ends up through Meadowbrook Road. In the Sullivan case most of the water starts in the City, behind Crandall Park, behind Aviation Mall goes down back through the City’s new plant and the towers and goes down through the back into Crandall Park, from there to the back field, down Webster, across Webster into Dr. Eisenharts, it then cross through under Bay Road down toward Duke’s Block and through Palmer behind the Sullivan house then it 418 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 goes underneath Minogues and out to Quaker. The key as I see depending what structures are actually underground from Sullivan’s out to Quaker and Minogues. Zoning Administrator Craig Brown-I followed up with George VanDusen at the County DPW and he forwarded me a section of plans that indicate two, twenty four inch culverts that come out of the Minogues property… Councilman Sanford-Noted there are minor things that can be done spoke on cleaning the culverts out, but even if that is remedied, then what will be the problems to the north of Quaker. The concern I have we have a PUD on Cronin Road that is in the process of the Planning Board reviewing it that would place apartments close to Meadowbrook, we approved Hoffman Car Wash, they brought in tons of fill, and that could have served as a mini over flow for situations when you have problems like this now it is not going to go there because it is higher than it was…at the same time the Sullivan’s were having the problems I was driving on Meadowbrook and there was sheets of water going across the road up by the new construction. We have to look at the problems at Homer and how they go over to Quaker and under Quaker Road as Rick and Mike pointed out if we clear that up we can problems elsewhere. Highway Supt. Rick Missita-If we determine that the structures under Homer are not big enough which I don’t think we find that problem, I think the biggest problem is in her back yard from the back of her property to Quaker Road. Those structures need to be checked out. If the tubes under Homer are fine, and then you open up the two, twenty four based on what VanDusen says from Warren County and clean those tubes out, the tube under Quaker Road to the car dealership side is a different elevation then the ones coming out under Minogues, the water has got to build up before it goes over so you will have that problem over there. I am not sure what size tube goes under Quaker Road if the two, twenty fours are working right now the water is not going through them they are going over the top and flooding out, if you clean them out what is that going to do to the tube that is going under Quaker Road will it be able to handle the volume? I do not what to correct one thing and push it someplace else. Supervisor Stec-I would suggest we need a meeting with myself, Rick and I would like Craig to be there, Bill Remington, Chairman Thomas and Dan Belden and sit down with an inventory of what the issues are on Quaker Road. Zoning Administrator Craig Brown-Showed pictures of the area to the Town Board…noted a problem with pipes on Minogues property and noted he had met with Rob Minogue and the Tire Warehouse and a person with Adelphia, it is a DEC classified stream, need DEC permit to work in the area. I have a meeting scheduled tomorrow with Dave Wick to work through the permitting process. Supervisor Stec-Also recommended that Warren County DPW also be at the meeting…and then a follow up meeting. Councilman Sanford-Spoke to the Town Board regarding another area of concern with drainage being Courtney Lane, County Road possibly causing problem…need to have the City representatives on the Warren County Board and the Town representatives bring these issue to the County… Councilman Strough-Questioned Zoning Administrator Brown, asking if the drainage on the three private sites on Quaker Road is this directly a private affair, only DEC can take care of? Zoning Administrator Brown-If it was storm water that comes from a Town property from a roadway that leads to a basin, you are going to have an easement to maintain that, this was more than likely an open ditch and open stream now it is buried pipes on private property it is still part of a DEC classified stream so any work that you do in the bed or banks of that stream you have got to get permits. DEC may have to push this and say you are not maintaining this stream or this steam needs some work we need you to do it. Queensbury Highway Supt. Missita-Listed other areas of concern: Meadow Drive area 419 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 Zoning Administrator Brown-Requested that a Halfway Brook water shed study that says where is all the water, were is the property that is going to create water to fall into this Halfway Brook area. Supervisor Stec-Two meetings one tomorrow with Dave Wick and Craig is going to research the whole private what are our rights who has the authority to go in there and fix this privately own thing, we may need to be looking at and speaking to the County about maybe we want to obtain easements on that corridor so we can go in there when we need to. The other meeting will be with Rick Missita, Mike Travis and Craig Brown and myself and Bill Remington and I will try to get Dan Belden who is the Chairman of the DPW and maybe the Chairman of the Board to come up with a game plan of what improvements need to be done in and around Quaker Road. Councilman Sanford-Requested to attend that meeting. When we meet with Mr. Remington let also talk about the problems on Queensbury Avenue as well. 5.0BUILDING PERMIT APPLICATIOON PROCESS – Craig Brown update Zoning Administrator Brown-Three items to talk about – Joint workshop Zoning Board and Planning Board the building permit process and identification of variances is informal right now. 1. At present a person can come in and say I have looked at your Code I want to build this house I know I do not meet the setbacks can I apply for an Area Variance and we allow that to happen. Technically we should require them to submit their building permit application or enough information so we can make a decision, determine whether it meets the setbacks or whatever Zoning requirements we are looking at and issue a denial, then they have a denial in their hands that they can take to the Zoning Board as the basis of their appeal. New York State Town Law Statue says the Zoning Board can only hear appeals or request of a denial. In the near future we are going to push for that. That step is going to cost more money for an applicant to do this, they will have to develop plans to come in and get a no. 2. With all new single family dwelling permits we require a final survey, the timing of that is, the final survey comes in before we issue the CO what we have found out we get some feed back from the Zoning Board they get the requests after the house is done, if the survey was done at the time that the footings were in or before the foundation walls were poured you would identified it and it would be easier to pour a little bit more concrete in the ground to move the house to the proper location or seek a variance at that point and get an answer yes or no at that point. Councilman Strough-When they do the forms for the footing then they can do the as built. Zoning Administrator Brown-Correct. This will likely require a change to the code… 3. Any applicant that appears before the Zoning Board of Appeals should be required and the Zoning Board is going to push to be, shall be required to present a survey. These are people that have already done a project we have identified that they are in violation that is why they are in front of the Zoning Board, so come with an accurate map so the Board has an accurate tool to give them the right relief. The Zoning Board has the authority in the Code to create these forms, request any kind of information they want on these forms that is really not going to require Town Board action other than just to let you know that this is going to be a change. Chairman Charles Abbate-Queensbury Zoning Board – I am making a motion the first meeting in February that a survey will be required. Councilman Boor-Noted he had read a survey or something else? Zoning Administrator Brown-Right now on the Building Permit Application you can be required at the discretion of the Director of Building and Codes or the Zoning Administrator you can be required to provide a survey. Historically we do single family homes, we can require anybody for provide a survey. The thought is the mom and pop who what to put a 200sq. foot deck on their house costing five hundred dollars the survey 420 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 will cost eight hundred this would allow a safety valve if you will a waiver for certain applicants to have to do a survey or not have to do a survey. I have some apprehension about that, if there is a way to squeak out of it everyone will try. If it is discretionary the Chairman can certainly say no. The thought is for area and sign variances. Chairman Abbate-I want a survey for everything, I will consider this, in the new application form there is an asterisk which says the Zoning Administrator based upon a review of a particular case may request the Chairman of the ZBA to waive it. My second motion a definition of what a survey basically is…in the new form we have given the applicant more information then they have ever had before, in layman’s terms, if you want a use variance you have to do this, if you want a area variance you must be concerned with this, the burden to prove the case is on their shoulders. Councilman Sanford-Noted he would feel comfortable with the Chairman of the ZBA having the final say of whether or not a survey is needed. Supervisor Stec-Questioned if a similar form could be used for the Planning Board? Chairman Abbate-Bob Vollaro and I have been talking. Questioned who reviews the engineering plans before they reach us? Councilman Sanford-Noted in regard to the Planning Board the Town’s engineer has to sign off on engineer plans in regard to adequacy. Chairman Abbate-When it comes before us (Zoning Board) with an engineering plan I want to feel a little bit more secure…are they reviewed before they come to the ZBA. Zoning Administrator Brown-I am not sure an engineer has to review any plans that go before the ZBA. Councilman Strough-If you think that a certain set back may have environmental issues associated with the variance they are asking for, you will send it to the Planning Board. Chairman Abbott-That is what we do. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 73, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss Fire Company budgets and Contracts. th Duly adopted this 30 day of January, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None (Councilman Brewer excused himself from the meeting) RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 74, 2006 421 SPECIAL TOWN BOARD MEETING 01-30-2006 MTG. #4 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED , that the Town Board of the Town of Queensbury here by adjourns its Executive Session. th Duly adopted this 30 day of January, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer No action taken RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 75, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 30 day of January, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ASBSENT: Mr. Brewer Respectfully submitted, Darleen M. Dougher