1987-10-23 SP 19
SPECIAL TOWN BOARD MEETING
OCTOBER 23, 1987 4:00 P.M.
MEMBERS PRESENT:
Mrs. Frances Walter-Supervisor
Mr. George Kurosaka-Councilman
Mr. Stephen Borgos-Councilman
Mr. Ronald Montesi-Councilman
Mrs. Betty Monahan-Councilman
Mr. Wilson Mathias-Town Counsel
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BORGOS
PUBLIC HEARING
NOTICE SHOWN
PROPOSED LOCAL LAW-STAY FILING
SUPERVISOR WALTER-The purpose of this meeting is to have a public hearing on a local law
that would extend the period for stay filing subdivision applications and site plan review in
excess of four dwelling units. In April of this year the Town Board indicated that they would
like to have a stay. It was for a period through October 24th of this year and in the midst
of that time we have had a lot of on going activities during the moratorium. We have engaged
an engineering firm to do traffic studies we have appointed a land use advisory committee,
we have conducted a series of mini-meetings throughout the town we are looking at historic
inventory in the Town, an historic resources inventory. We have looked for a wetlands survey
and we are looking at population and housing studies and a survey that went out regarding
commercial sites. It think that there has been a great deal of activity in looking at what we
have done in this period of time but in fact there is a great deal more that we need to do.
The public hearing.today called for a moratorium of an additional time period of 120 days.
it would say that we are looking at the work to be completed in the calendar year 1987 an having
a two month comment period by the public. We have arrived at that number and that is what
the public hearing is based on. Asked for public input on this proposed local law.
MR. RICHARD ROZELL-I am a small contractor and developer in the Town. I have taken
advantage of the prior moratorium allowance for four dwelling units during the moratorium
and plans were made initially for being able to work again when the moratorium ended. I am
asking for the Town Board...rather than cut out small contractors and developers as myself
that had planned on being able to work and through a misunderstanding thought they would
be able to work, get additional projects going through the fall, rather than to extend the moratorium
with a time limit to reinstate the moratorium allowing the four building units. I checked with
the Building Dept. as far as they know only one or two developers have taken advantage of
up to the four building units. If the moratorium were reinstated rather than just extended
allowing for four building units it would not adversely impact development within the Town,
and in that case there would not be any special conditions. It is a real hardship on small contractors
and developers trying to make a living, I realize that the Town is faced with a great deal of
work, but the small people have to survive and keep their people working too. I do not think
I am asking for anything that is going to open a floodgate with the town. I think it is something
that possibly should be looked at. All I am asking for is a moratorium to be reinstated rather
than be extended.
SUPERVISOR WALTER-It is in excess of four dwelling units...
MR. RICHARD ROZF.LL-What I am looking for is presently 3I was able to put in four units and
I was looking to being able to continue working and apply to up to four more, the rest of my
project,, I am in a small project, a total of seven units. The four would enable me to work during
the winter and keep my people working, I am asking for is the moratorium be reinstated allowing
four in effect four additional building units...
MR. RONALD MONTESI-Correct me if I am wrong, the way the subdivision ruling works anything
is excess of four is considered a major subdivision, less than four is a minor subdivision, if
you have a parcel of land and you are going to divide that into four than it is a minor subdivision,
you obviously have a parcel of land that you have divided into four but you want to go on to
eight or maybe twelve, I get the feeling that, that land is getting enough to go beyond even
eight, you are picking away at it. In essence we have subdivision with eight houses in it if
you could develop the whole thing.
MR. RICHARD ROZELL-If I could develop the whole thing under present zoning it is rated
for seven units, I am not sure where the difference is between a minor or major subdivision
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or was that a figure that was based upon the moratorium?
MR. RONALD MONTESI- You are into a major subdivision now, because your parcel of land
is bigger than four lots.
MR. RICHARD ROZELL-You are saying that any application I make after this is as a major
subdivision.
COUNCILMAN MONTESI-It was a major subdivision in the beginning.
COUNCILMAN BORGOS-This is what we talked about initially whether it was ten units or
twenty because of these impacts, no one came forth.. _
COUNCILMAN MONTESI-the four units alone should have filled that whole lot...
SUPERVISOR WALTER-He would have been under a different set of rules and regulations
from what he is originally doing, and I doubt very much you will be able to do what you want
to do whether we had the moratorium or not Mr. Rozell, because what you have just described
to the board as a problem that you have with the extension of the moratorium is really in violation
of what we have as far as the subdivision regulations now in dealing with a subdivision. You
have taken a lot and have just come in and asking for four units at a time and maybe the next
three in fact that particular parcel of land should have been reviewed as having eight units
on it or seven units on it instead of four and an additional four. The kinds of things that the
Town Board expressed a great deal of concern with not necessarily during the moratorium
but with our building dept. as how they are handling some of the questions and their answers
to people coming in off the street. It is the purpose of the moratorium to fill all the gaps
and all the holes so that these kinds of things don't slip through. The people down stairs will
have to understand that we are being tough about building in the Town. Asked for further
comments...In taking a look at what has been done and what needs to be done with the additional
meetings of the advisory group, Mr. Holman our consultant putting together the wording for
amendments to what currently exits as subdivision regulations, zoning ordinance that we would
need that time to get it all together and then plenty of time to go public with it to have the
public comment during public hearings on the documents and then be able to put those changes
into effect and actually come out of the moratorium with those documents on file, so that
building could continue.
DAVID KROGMANN-Attorney in Glens Falls-Is the newspaper account that I read this morning
correct? That the current moratorium expires tomorrow?
SUPERVISOR WALTER-Yes.
DAVID KROGMANN-Are there any documents that you just described available at this point
in time for the public to review are they in the nature of public documents?
SUPERVISOR WALTER-We have work sheets, and reports prepared by the subcommittees
and there are minutes of meetings...
DAVID KROGMANN-There are no drafts at this point in time?
SUPERVISOR WALTER-No. We have an interim report on our traffic study which is to have
been completed in September and that was an outside consulting firm. We have mapping that
has been received by the APA and also conservation had promised that they would provide
us with maps. A lot of the things that we were counting on have come in late.
PHYLLIS HOLTZ-When you put the six month moratorium on we had the impression that, that
was going to be it. you are now asking for a extension, does that mean it will not exceed the
120 days or will there be another extension after that?
COUNCILMAN BORGOS-There is specific language that says...In no case shall the stay herein
created continue beyond the adoption by the Town of a Master Plan and revised Zoning Ordinance
and Subdivision regulations...it is absolutely at the end of 120 days....
SUPERVISOR WALTER-There has been a problem in getting the coordination and the work
product out was slow at first, I have found in dealing with these people particularly our Assistant
Planner our part time planner Lee York, who is spending all her time on this things are running
pretty nicely to form now. Work will be completed in December Mr. Holman our consultants
contract runs out on December 15th his work product should be finished, the additional time
would be spent for draft and public review of the drafts. As Mr. Borgos indicated there was
some concern on the Board that do we have to hold it if it is completed if those are good documents
and there are not too many public comments could we come out of this before the 120 days,
our attorney has told us that, this is the case, we could meet and rescind the local law. We
are hoping that the 120 days would be maximum and in fact complete this in less than that.
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PHYLLIS HOLTZ-When the moratorium is off how are you going to take applications?
SUPERVISOR WALTER-We are not accepting applications because you might not be applying
under the same rules and so therefore there is no way we can accept them.
PHYLLIS HOLTZ-None of this is available until..
SUPERVISOR WALTER-Until the end of December.
COUNCILMAN MONTESI-That was the question we asked, whether we were going to specifically
limit the agenda of the Planning Board which is a volunteer group and each subdivision requires
as good deal of study, in the moratorium they have been running sometimes two meetings a
month. How are we going to handle it when the flood gates open, I would presume that we
are going to try and keep as much control on that as we can, it may not make everybody happy
but it will be fair. A question has risen why the moratorium was only a residential moratorium,
I think Mr. Borgos and his opponent both agreed the previous planner was a very capable guy
it was based on his recommendations and Mrs. Walter's recommendation that it only include
a moratorium we followed that. I am not 100% sure of the criticism levied on the Board for
doing that we did do what the qualified planner had recommended. It was a difficult to make,
from my point of view from the quality of life of what I perceive my Town to be and want
to be I was looking for an orderly growth and this was the only way we were going to stop the
clock and get some of this. On the other side when we talk about jobs for Queensbury there
are the trade unions trades that are effected by the moratorium eventually they will be if
it goes beyond the next cycle... we have about two thousand lots right now that have been
approved in our town that we are building houses on but that will slow down and get eaten
up. There are lawyers, lumber yards supply people insurance and bank people, there is a whole
group of people that build our economy on housing and it is an important part of our economy.
When we asked for 120 days extension we are trying to get our homework done. Asking for
a 120 moratorium was not an easy decision by this board we realize the merits of the quality
of the life and orderly growth that we are trying to do, I for one think it is a good extension
and we can work it and make it within the time frame.
COUNCILMAN KUROSAKA-I make my living in having houses built..it was a very hard decision...
COUNCILMAN MONAHAN-I attended an advisory group meeting the other night, it was not
the first one that I attended, and I am very impressed with the caliber and the dedication of
these people and the amount of time they are willing to use as volunteers to ensure the future
_ of the Town. Not only are these people both knowledgeable in their own fields but they are
also tapping a lot of outside resources, they know the resources to tap. I can assure you this
plan this time will not be broad brushed. I am amazed at the volume of work that has already
been done, we have had two reports last night of the subcommittee dealing on environmental
issues we had a lot of mapping reports and lot of other maps have already been concluded when
all this type of mapping has been done there will be overlays done one on top of the other transparents,
it will be obvious when looking at certain areas of the town what it could be used for. I cannot
say enough about the quality and the volume of work Lee York has been doing as a part time
planner, there is a lot of work that has been done but the more you do the more that you see
has to be done to make this a good well thought out plan. Out of this has to come ordinances
with teeth, ordinances that are enforceable, this is the comments that we are hearing from
the people out here, we have all these ordinances why aren't you enforcing them. I would bring
to everybodys' attention the land out there is a finite resource, either we can use it up quickly,
we can use up quickly the jobs that go with it..or we can use it over a period of years and make
work for people over a period of years-This is a distinction that has to be made by this Town,
you cannot have it both ways.
SUPERVISOR WALTER-In polling the Town Board for some kind of a time period and explaining
to them just where we are and where we perceive to be and everybody is coming in line, we
came up with a 120 days. It is realistic it does not seem like we are cutting it as Betty indicated
it is true once we got into it we found that when you study a particular subject you got two
other issues that crop up and time needs to be spent on it, I would hope that the Town would
be able to deal with this.
COUNCILMAN MONTESI- The last time the master plan was done by the Town, I was a member
of the Planning Board and it took the Planning Board, and the Planning Board was the only
4 Board that worked on that with some volunteers it took us two and a half years to put that
into effect...we had a county planner and that county planner was responsible for putting in
place the master plan in various communities. We had taken one that we ten years old and
was had updated, that was in 1980 when it finally became law..the day it because part of our
ordinances we know it was outdated but that was commitment for two and a half years by
a group of planning board volunteers it was tough job. It was not perfect but the mistakes
of that were daring and became the basis of the next master plan. I submit to you that when
that is done there will be some disagreements on that plan I do not think it will ever be perfect.
01 a. 22
DAVID KROGMANN-in fact what the town is working on is not only an amendment but a total
redraft of the zoning ordinances and subdivision and also a new master plan it is my understanding
these matters have a progression and the master plan becomes the foundation for the resulting
zoning ordinance and subdivision regulations and if that is true do you know if the planning
Board intends to go into a public hearing on the master plan and the public hearings
on the zoning ordinance and subdivision regulations?
SUPERVISOR WALTER-At this time I do not know we are taking some direction from Mr.
Holman and I cannot answer you question as to what the progression of those meetings would
be.
DAVID KROGMANN-I have been involved in some zoning ordinance revisions, not in the magnitude
of Queensbury I do not know what the status is of all the work that has been done but a lot
or work has been done and a lot has to be done but if there are not draft documents at this
time and it seems that there are not...it cannot be done in 120 days that is my own observation.
SUPERVISOR WALTER-You have got to remember that we have six months behind us so that
we are not really starting in doing it in 120 days we are finishing up reports now to get into
drafting and the language sixty days will be specifically spent on reviewing those drafts, there
certainly will be amendments and there are areas that will need to be looked into that are
not a part and will be added to..we have the basis of some pretty good documents and I do
not think it will be thrown out the window I do think that there will be amendments. There
will be areas that were never addressed before that will be addressed, we are not starting
from scratch.
DAVID KROGMAN-What we have found in other communities is that if there is a new master
plan as well as changes or complete overhaul the Planning Board is not required to go to public
hearing but sometimes it is good at that level to start the public hearing process to alleviate
some of the questions or concerns that would come at your public hearing stage at the Town
Board.
SUPERVISOR WALTER-This Town Board has indicated that they want as soon as the drafts
are available they want it out to the public and there will be legal or informational meetings
I think you will see a series of them.
DECLARED THE PUBLIC HEARING.CLOSED.
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RESOLUTIONS
RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR EXTENSION
OF TOWN HIGHWAY KNOWN AS HIDDEN HILLS DRIVE AND FOR NEW TOWN HIGHWAYS
TO BE KNOWN AS MAPLE DRIVE AND PLEASANT LANE
RESOLUTION NO. 326, Introduced by Mr. Ronald Montesi who moved for its adoption seconded
by Mr. Stephen Borgos.
WHEREAS, Ralph B. and Michael G. Woodbury have executed and offered a deed for the extension
of a town roadway running southerly of Dixon Road as more particularly described in the annexed
map and an easement agreement for drainage purposes which are more particularly described
in the map heretofore filed with the Town Board, and
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised
that he has made the necessary inspection of the right of way clearing, sub-base preparation
drainage implementation, roadway surface and finds that such work has been performed in
accordance with the standards and requirements of the Town of Queensbury, and he recommends
that this Board accept this land for highway purposes into the Town Highway System, and
WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has
advised that he has made the necessary inspection of Water Line Installation and finds that
said installation has been made in accordance with the standards and requirements of the Town
of Queensbury and that he recommends that this Board accept this land insofar as the water
installation is concerned, and
WHEREAS, the form of the deed, drainage easement and title to the roadway has been approved
by Wilson S. Mathias, Counsel to the Board.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage
easement agreement, and be it further
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RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved
and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded
in the Warren County Clerk's Office after which said deed shall be properly filed and maintained
in the Office of the Town Clerk of the Town of Queensbury, and be it further
RESOLVED, that this road extension be hereby added to the official inventory of Town Highways,
to be described as follows:
Road No. 427, Description: North/South
Name: Hidden Hills Drive Feet: 760'
Road No. 437, Description: North/South
Name: Pleasant Lane Feet: 702'
Road No. 438, Description: East/West
Name: Maple Drive Feet: 695'
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION ADOPTING LOCAL LAW NUMBER 14 OF 1987 EXTENDING THE PERIOD FOR
A STAY OF FILING APPLICATIONS FOR MAJOR SUBDIVISIONS AND FOR SITE PLAN REVIEW
IN EXCESS OF FOUR DWELLING UNITS
RESOLUTION NO. 327, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Stephen Borgos.
WHEREAS, Local Law Number 3 of 1987 provides for the expiration of the above captioned
stay or moratorium on October 23, 1987, and
WHEREAS, a master plan for the Town of Queensbury is not yet completed, and
WHEREAS, by Resolution No. 313 of 1987 the Town Board has detailed the progress made towards
the adoption of a revised master plan for the Town, and
WHEREAS, by extending the stay for one additional period of 120 days the work on the revised
master plan, subdivision regulations and zoning ordinance can be completed and the procedural
requirements for adopting the plan can be met, and
WHEREAS, the purpose of the additional 120 day period for the stay is designed to protect
the public interest and welfare until the new master plan, zoning ordinance and subdivision
regulations are adopted, and
WHEREAS, a public hearing on the proposed law was held on October 23, 1987 of the notice
of such hearing had been published and posted in accordance with Town Law,
NOW, THEREFORE BE IT
RESOLVED, that Local Law Number 14 of 1987 is hereby adopted.
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monhan, Mrs. Walter
Noes: None
Absent: None
COUNCILMAN BORGOS-I would just like to reassure the small developers and large that we
are working as fast and as hard as possible I know we are all committed to assure that the
120 days is absolute...
LOCAL LAW NUMBER 14, 1987
LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISIONS
AND/OR SITE PLAN REVIEW IN EXCESS OF FOUR DWELLING UNITS
SECTION 1. Legislative Intent. On April 29, 1987 the Town Board of the Town of Queensbury
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enacted Local Law Number 3 of 1987 which prohibited the filing of applications for approval
for major subdivisions and/or site plan review in excess of four units until October 23, 1987.
Following the passage of such Local Law the Town Board engaged Holman Associates to prepare
a master plan for the Town. The Town Board engaged C. T. Male to prepare traffic studies
for the purposes of planning zoning ordinance amendments. The Town Board appointed an
Advisory Committee for the purposes of providing resident input in the preparation of the
Master Plan. Seven "mini-meetings" for residents of the Town's neighborhoods have been held.
Various studies on soils, wetlands, infrastructure, and scenic resources have been undertaken.
An additional time period of 120 days, however, is required in order to complete the master
plan, revise the current zoning ordinance and subdivision regulations, and comply with the
procedural and public hearing requirements for the adoption of such plan, ordinance ad regulation.
In no case shall the stay herein created continue beyond the adoption by the Town of a Master
Plan and revised Zoning Ordinance and Subdivision regulations. —
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SECTION 2. Authority. This Local Law is enacted pursuant to Section 10 of the Municipal
Home Rule Law of the New York.
SECTION 3. Prohibitions. No person shall file or cause to be filed, within 120 days after
the effective date hereof, an application or applications for approval for major subdivision
or site plan review in excess of four dwelling units. Any such application filed in violation
of this section shall be void. No approval by operation of law shall result by the filing of an
application in violations of this section. This provision shall not be waived.
SECTION 4. Exceptions. This local law shall not apply to or affect applications for approval
for Planned Unit Development, major subdivision, or site plan review in excess of four dwelling
units where such completed applications have been filed with the appropriate Town Official
prior to April 28, 1987.
SECTION 5. Effective Date. This local law shall take effect immediately.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 328, Introduced by Mr. Ronald Montesi who moved for its adoption seconded
by Mrs. Frances Walter
RESOLVED, that the Town Board hereby moves into executive session to discuss land negotiations,
acquisition.
AYES: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
TOWN BOARD MOVED BACK INTO SESSION
RESOLUTION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
RESOLUTION NO. 329, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Ronald Montesi.
WHEREAS, the Town Board of Queensbury supports the purchase of land by the Queensbury
Central Fire Company, Inc., at Hovey Pond on Lafayette Street for the purpose of constructing
a fire station and
WHEREAS, the property is adjacent to parcels owned by the Town of Queensbury, and
WHEREAS, the Town is anticipating the creation of a passive recreation area on the Town
owned property at Hovey Pond, and
WHEREAS, plans for both park and fire station would be greatly enhanced by an exchanged
of land,
I
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board acting on behalf of Town residents agrees to
enter into a memorandum of understanding to "affect" an exchange of property at equal fair
market value with the Queensbury Central Fire Co., Inc. for the purpose of increasing recreational
acreage in the Town of Queensbury
Duly adopted by the following vote:
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Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Abstain: Mr. Borgos
Absent: None
DISCUSSION:Re: Land acquisition for Queensbury Voluntary Fire Co. - Queensbury Central
will be purchasing land on Lafayette Street, the Town will be exchanging some land for better
access for Queensbury Central onto Lafayette...Councilman Borgos noted that this is in line
with the Proper's Fire Report...noted that W.G.F. has already purchased property for a new
center...in regard to Queensbury Central we are not adding a station but replacing one...due
of the fact that I am a volunteer member of Queensbury Central I will abstain from voting
on this resolution...but I do support the measure...Supervisor Walter-The Fire Company intends
to work with the Town in providing a recreational area, the design of the fire station
and accessories will be complementary to what ever the Town intends to do so it will look
like one park land...Mr. Cushing will you attest that this is our agreement...Mr. Cushing (Queensbury
Central Fire Co.) yes...Councilman Montesi spoke on how Mrs. Monahan was instrumental in
obtaining the land for recreation on Lafayette Street and letting the fire company know the
the availability of lands for their company...Councilman Monahan-this is an exciting concept,
it shows what can happen when different entities in the Town cooperate with each other, nothing
but good can come out of this cooperation...
ON MOTION THE MEETING WAS ADJOURNED
RESPECTFULLY SUBMITTED
DARLEEN DOUGHER
TOWN CLERK
TOWN OF QUEESNSBURY
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