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2009-01-22 MTG#3 1 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 SPECIAL TOWN BOARD MEETING MTG. # 3 JANUARY 22, 2009 RES. 30-34 4:30 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER-ABSENT TOWN OFFICIALS Sr. Planner Stu Baker Supervisor Stec-Opened the Meeting - noted that Councilman Brewer was on speaker phone from his residence. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2009 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 179 “ZONING” AND REPLACING IT WITH A NEW CHAPTER 179 “ZONING” RESOLUTION NO.30, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Committee’s task was to review the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005, the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of Saratoga Associates to prepare an update to the Town’s Zoning Code and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, Saratoga Associates drafted comprehensive revisions to the Town’s Zoning Code (Chapter 179 of the Town Code), and 1 2 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 WHEREAS, on May 17, 2007 the PORC passed a resolution forwarding the draft Zoning Code revisions to the Town Board for its review and consideration, and WHEREAS, the Town Board has made additional changes to the draft Zoning Code revisions and has caused the draft revisions to be put into the form of proposed Local Law No. ___ of 2009, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2009 to repeal current Queensbury Town Code Chapter 179 entitled “Zoning,” and replace it with a new Chapter 179 “Zoning,” and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed revised Zoning Code and obtain a recommendation from the Warren County Planning Board before enacting the legislation, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed revised Zoning Code prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board formally submits the proposed revisions and supporting SEQRA documentation to the Adirondack Park Agency for review and approval pursuant to Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Senior Planner to forward copies of the proposed revised Zoning Code to the Adirondack Park Agency and Warren County Planning Board for their review, approval and/or recommendation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead Agency for SEQRA review of the proposed revised Zoning Code and directs the Town 2 3 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 Clerk or Senior Planner to send copies of the proposed revised Zoning Code, Full Environmental Assessment Form, and a certified copy of this Resolution stating the Town Board’s intention to be Lead Agency for SEQRA review, to the Adirondack Park Agency and any other Involved Agencies as required by law, and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on February 24th, 2009 to hear all interested persons concerning proposed Local Law No.: ___ of 2009 to repeal current Town Code Chapter 179 “Zoning” and replace it with a new Chapter 179 “Zoning,” which Local Law provides for comprehensive Town-wide changes to the Town of Queensbury’s Zoning Ordinance and Zoning Map, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public Hearing on the Town’s bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies or municipalities, in accordance with New York State Town Law Section 265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.___ of 2009. Duly adopted this 22nd day of January, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer 3 4 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 Discussion held before vote: Sr. Planner Baker-Reported to the Board on his meeting with Councilman Montesi and APA. Changes made by Councilman Strough and Zoning Administrator Brown were as follows: Residential Use Table, Commercial Use Table, Industrial Use Table, Area Table and Articles two, three, four, five, eight and nine. Meeting with APA today, they continue to be please with our local land use program here. They are pleased with the changes that we are proposing to the Zoning Code. In tonights resolutions it does include language referring the document to APA for formal review. They may take up to forty five days for the review. As per todays discussion they pointed out two changes, 1. Article II on page 2.36 Shoreline Building Setback- amend building size to 100 square feet not 120. 2. Amend zoning map to show Dunham’s Bay Forest Preserve Lands and State Lands as New York State Land and not a zoning designation of LC42. Zoning Administrator Brown has also requested additional uses to the parking table, those also have been made and added to Article 4. Councilman Montesi-The approach at APA was very pleasant to we were able to talk about no density increases in our town because of this, the shore line they were impressed with some of the work that was done on that and how restrictive it was. We gave kudos to John Strough who really was a guiding force behind that, all in all they were impressed and called us a Class A town. Supervisor Stec-Legally we are a Class A town but I think we are a Class A town in more than one way. Discussion held on date of public hearing set for February 24, 2009 Vote taken Supervisor Stec-Thanked all those that participated in this document. RESOLUTION SETTING PUBLIC HEARINGS ON FIRE PROTECTION SERVICE AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.:31, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc. and the West Glens Falls Volunteer Fire Co., Inc., have negotiated terms for new one (1) year Agreements for fire protection services, and 4 5 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreements for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreements between the Town and the South Queensbury Volunteer Fire Co., Inc., and the West Glens Falls Volunteer Fire Co., nd Inc., on Monday, February 2, 2009 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. nd Duly adopted this 22 day of January, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Brewer Discussion held before vote: Supervisor Stec- West Glens Falls new entity that West Glens Falls created, they have verbally agreed that they would agree to language changes in the contract, that both entities would sign the contract with the Town and that the fire house property that got transferred to the other entity the Fire Fighters Association will be protected and made sure that it is for fire protection only and the Town will be involved in any other decisions to change that. That language is in their contact. The resolution says that it will be in a form acceptable to Town Counsel and Town Supervisor. Contract amounts; total increase for So. Queensbury would be 3.6% over last year and for West nd Glens Falls it is 2. 6%. Public Hearing on contacts will be February 2. RESOLUTION REAPPOINTING RICHARD GARRAND, JR. TO ZONING BOARD OF APPEALS RESOLUTION NO. 32, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 5 6 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, Richard Garrand, Jr.’s term on the Zoning Board of Appeals recently expired and he has expressed his wish for reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Richard Garrand, Jr. to serve as a member of the Queensbury Zoning Board of Appeals until his term expires st on December 31, 2015. nd Duly adopted this 22 day of January, 2009, by the following vote: AYES : Mr. Strough, Mr. Stec,Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION REAPPOINTING TANYA BRUNO TO QUEENSBURY PLANNING BOARD Introduced by: Mr. Strough No second. Supervisor Stec noted for the record that the Queensbury Planning Board adopted a motion recommending Tayna Bruno to the Planning Board presented at this meeting including a letter signed by members of the Planning Board…also received an e-mail from Ms. Bruno requesting reappointment. It was the decision of the Town Board to have Ms. Bruno come to a workshop meeting to discuss attendance issues. RESOLUTION TABLING ACTION ON APPOINTMENT OF PLANNING BOARD MEMBER RESOLUTION NO. 33, 2009 INTRODUCED BY: Mr. Ronald Montesi SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury will hold action on the appointment of Tayna Bruno. nd Duly adopted this 22 day of January, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec 6 7 SPECIAL TOWN BOARD MEETING 01-22-2009 MTG. # 3 NOES: None ABSENT: Mr. Brewer RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 34, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. nd Duly adopted this 22. Day of January, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer Respectfully submitted, Miss Darleen M. Dougher Town Clerk 7