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1989-06-13 TOWN BOARD MEETING JUNE 13, 1989 7:30 P.M. BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR MARIL YN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT GEORGE K UROSAKA-COUNCILMAN TOWN ATTORNEY PA UL D USEK TOWN OFFICIALS Paul Naylor, Lee York, Duve Hatin, Kathleen Kothe PRESS: G.F. Post Star, Channel 8, WEN PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION TO EN.TER Q UEENSB UR Y B OA RD OF HEALTH RESOLUTION NO. 317, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enters into the Queensbury Board of Health. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaku QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - APPLICATION FOR SEWER VARIANCE - JAMES CURCIO NOTICE SHOWN SUPERVISOR BORGOS-Is there anyone here to speak about this particular public hearing? Mr. Curcio or anyone representing him? Mr. Hotin, would you like to speak, anything about this applicant? DAVE HA TIN, Director of Building & Codes-No, I don't. SUPERVISOR BORGOS-Was he notified of this, I presume? Anyone else here to speak? Why don't we leave this open for a few minutes. COUNCILMAN MONAHAN-Steve, I did visit Mr. Curcio when we put this on for the public hearing and visited the site. I hove a feeling he is a little confused about the fact that he should normally appear for this public hearing. SUPERVISOR BORGOS-Okay, do you wont to fill us in with what you found at least? COUNCILMAN MONAHAN-I think the some thing that Dave probably found there and he can probably tell you in better language than 1 con. But I didn't see anywhere where it would have an adverse effect either on the neighbors or on his own situation. SUPERVISOR BORGOS-So you are comfortable with it? COUNCILMAN MONAHAN-I'm very comfortable with it. SUPERVISOR BORGOS-Dave, you are comfortable with it? MR. HA TIN-Yes. SUPERVISOR B OR GOS-Anyone else hove any comments as fur as members of the Board is concerned? Why don't we leave it open for u couple of minutes until we take core of the old business perhaps and then.... COUNCILMAN MONAHAN-1 hove u feeling that he thought perhaps the night that we established the public hearing that this was just a formality, to wait for three weeks. I think he is a little confused about our procedure. OLD BUSINESS APPLICATION FOR SEWER VARIANCE -DR. SHIMON SHALIT/MALKA SHALIT DISCUSSION: SUPERVISOR BORGOS-We conducted u public hearing the lost time. We had asked for additional - informotion. We had asked for a colored mop, showing the green space. Is this the mop Mr. O'Connor? MR. O'CONNOR, Representative for opplicont-Yes that is the previous mop with the green spore colored in for the Board members. Would like to note that we hove on additional mop that has the some showing including though the one hundred foot strip behind the property, that is contracted to be obtained from the McCormacks. We have submitted to the Board o copy of the agreement with o copy of the restrictions that will be placed on that property, making it forever wild in so for as use of that property. In addition to the fifty foot buffer that is required by the zoning, we have one hundred feet behind that all of which will remain with this native growth. Noted that the Board hod also asked us to show on the mop, the actual building in configuration that we ore going*to construct, a total of 55,506 square feet. Would like to note that we ore here with an upplicution to allow us to put our septic system underneath the rear parking which will remain grovel parking. SUPERVISOR BORGOS-11d like to clarify with the Town Attorney what our job is as the Board of Health, which 1 understand is to look at the request for a variance from the septic ordinance. Is that correct? ATTORNEY DUSEK-That is correct. The sanitary sewage ordinance has a coupleof sections in connection with the variance application procedure, which indicates that the Local Board of Health may vary the strict application of the ordinance when the ordinance results in an unnecessary hardship. The first instance the Board would determine whether or not there is on unnecessary hardship. But in addition to that it also indicates no variance will be given unless the Board finds the following. One, that there is special circumstances or conditions which the Board has to describe that apply to the land, and the circumstances or conditions of such that strict applications would deprive the applicant of a reasonable use of his land. The second, the variance has to be such that it would not be materially detrimental to the purposes and objectives of the sanitary sewage disposal ordinance. In addition to that it can not be materially detrimental to adjoining properties. Third, and once again the Board has to set forth its reasons, the Board has to determine whether or not the variance given is the minimum amount of relief to satisfy the situation. Finally the Board does have the power to make any kind of conditions that it deems appropriate as to the particular septic situation. What ever conditions you come up with would have to be related to, perhaps minimizing the impact of the variance for instance. SUPERVISOR BORGOS-1s the _green space percentage meeting the required thirty percent? MR. O'CONNOR-Yes, the green space on site within the zone is thirty percent. If you actually consider the hundred foot strip that we are buying from the adjoining property owners in addition to the thirty percent that is on the site that is the commercial zone it will be thirty-nine percent. SUPERVISOR BORGOS-Asked Mr. O'Connor to point out where on the mop the exact proposed location of the septic system. (Mr. O'Connor pointed out the location to the Board members) Questioned if it was to be grovel only. AIR. O'CONNOR-Yes, grovel base. SUPERVISOR BURGOS-Is there going to be a double deck parking garage in the area that we are talking about? AIR. O'CONNOR-There is no double deck parking on the site. There will be parking beneath the building. SUPERVISOR BORGOS-But there will be no cement parking floor over these septic areas? MR. O'CONNOR-No, everything behind the building will be gravel. SUPERVISOR BORGOS-Is the building itself going to be moved back or just added onto? MR. O'CONNOR-No. SUPERVISOR BORGOS-Would you speak to the terms and conditions that our Attorney says that you'd have to meet in order to receive a variance? MR. O'CONNOR-The practical difficulty that we hove here is that the site itself per the zoning ordinance allows us to build a sixty-five thousand plus or minus square foot building. We are trying to come to a happy medium so that we can get u reasonable return on the site. We've determined that in order to get a reasonable return it can't go much less than the fifty-five thousand square feet of building. That is one consideration. The other problem that is involved, is the topographical features of the site, which requires that we put the septic down in the buck otherwise we'll be involved with some significant pumping trying to get everything to go back to the front port of the site. Another thing, there is on additional buffer zone that is required because this is a piece of property that is bordered by a residential zone. We are Umited as to where we con locate the septic system that we ore required to build. COUNCILMAN MONTESI-Why not put the septic system in the grassy area? MR. O'CONNOR-Becouse the zone line is here....it is a residential zone. LEE YORK, Senior Plonner-(mop used) this is a 50' buffer required by law, noted that there is o potential for a zoning variance to allow a septic system in a buffer zone. COUNCILMAN MONTESI-That would be something to investigate, if the health board said no to this plan. Mr. Dusek, do you feel comfortable as to the conditions being reasonable? PAUL DUSEK, TOWN ATTORNEY-The Board has to look at what has been done in the post, i think that the applicant has given you circumstances and conditions which you should evaluate. Are they conditions that you feel that if it is not allowed to have this variance that would be an unfair strict application of this ordinance. If you look, whether or not it has been materially detrimental to the community or the adjoining property l guess.that I could soy to the Board that I hove not heard any proof that there is anything there. The minimum variance question is something that the Board should take a look at, whether or not you think that this is minimum relief. If a variance in this situation is better than a variance in a buffer area? MR. O'CONNOR-The applicant would like to preserve as much of the screening as possible even with the strip that we purchased from McCormack. COUNCILMAN POTENZA-Requested that by the use of a map the present septic system be denoted... AIR. O'CONNOR-It is behind the existing building now...we ore going to abandon entirely the system... COUNCILMAN POTENZA-With the additional 100' strip, would that be added to the present deed? AIR. O'CONNOR-It would be a separate deed with the some owners, it will hove the restriction that no building or structure shall be erected on the premises, existing trees or vegetation shall not be removed from subject premises and shall be permitted to remain thereon, this restriction does not permit the removal of dead or decaying trees or vegetation. These covenants moy be enforced by low or...these covenants shall remain enforce and effect as long as the premises subject hereof are zoned for residential uses. If the zoning or said premises ever become commercial in nature and if the zoning of the remaining land of Andrew T. McCormack, John McCormack lying to the east of the premises subject thereof and west of the proposed extension of Court House Drive becomes commercial in nature then these restrictions and covenants shall be terminated. Said restrictions moy be enforced by the Town of Queensbury or Andrew T. McCormack or John McCormack or any party that comes into ownership of the land lying to the east of the premises restricted and west of the proposed extension of Court blouse Estates. That will be filed in the County Clerk's Office... COUNCILMAN MONTESI-Is there one pipe that leads into these or many into the septic system? MR. O'CONNOR-We ore applying for a speedes permit also because of the size of the system...if public sewer become available we will hook up to them. MR. JOHN BLANCHARD, C.T. Male Assoc. Engineers for the project...We have two points of discharge and all else distributed to the seepage pits... _.�_I< 34-7 COUNCILMAN MONAHAN-Lee can the Planning Board ask that an area be grassed and reserved for parking when the need exists? MRS. YORK-Yes, they can. COUNCILMAN MONAHAN-1 would like to see as much green area us possible... DISCUSSION HELD IN REGARD TO PARKING SPACES... COUNCILMAN MONA HA N-Requested that a condition of the variance be the use of water saving plumbing fixtures... MR. O'CONNOR-1 have no objection to have that stipulation...Requested a review of parking spaces for retail businesses... SUPERVISOR BORGOS-Asked if the Board was ready to act... RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF SEWER VARIANCE OF Dh. SHIMON SHALIT AND MALKA SHALIT RESOLUTION NO. 17, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is considering the approval of a variance of Dr. Shimon Sholit and Malka Shalit, from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, that "no component of a leaching facility shall be located under driveways, roods, parking areas, or areas subject to heavy loading", and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act us lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury adopts the annexed notice of determination of non-significance and directs that copies of this resolution and notice of determination be filed as required by law. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko RESOLUTION APPROVING VARIANCE REQUEST OF DR. SHIMON SHALIT AND MALKA SHALIT RESOLUTION NO. 18, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Dr. Shimon Shalit and Molka Shalit previously filed a request for a variance for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, that "no component of u leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading", and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and u public hearing was held in connection with the variance request on May 9, 1989, NOW, THEREFORE BE IT RESOL-VED, that the Town of Queensbury Local Board of Health grants the variance to Dr. Shimon Sholit and Malka Shalit, allowing the placement of component of a leaching facility under a parking area, and finds as follows: U. that there special circumstances or conditions of which the strict application of the provisions of the Ordinance would deprive the applicant of reasonable use of land consideration. This parcel will not accommodate a leach field as reasonably us it would accommodate seepage pits because of the nature of the configuration of the land. The special circumstances are the sloping areas and the inaccessibilities of traditional leach fields. b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury. New York State allows these types of systems. Mr. Thomas Noce, engineer for the Town, gives this is satisfactory from on engineering point of view. Mr. Blanchard, a licensed professional engineer in the State of New York, indicated that this would be acceptable. c. that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant. d. that the engineers have indicated that the sizing is correct, and ,e. applicant stipulates to the use of water saving plumbing fixtures. Duly adopted this 13th day of June, 1989 by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes.:_.. None Absent: Mr. K urosoko DISCUSSION HELD -Regarding the wording of paved parking area be changed to parking area....agreed to by the entire Town Board Vote taken... SUPERVISOR BORGOS-We will now _go back to the original Public Hearing-James Curcio...no one spoke... PUBLIC HEARING CLOSED JAMES CURCIO 8:20 P.M. RESOLUTION APPROVING VARIANCE REQUEST OF JAMES CURCIO RESOLUTION NO. 19, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Mr. Jaynes Curcio previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, those requiring that u seepage pit located of necessity upgrade in the general path of drainage to u well shall be spaced 150 feet or more away, and WHEREAS, a notice of public hearing was _given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on June 13, 1989, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. James Curcio, allowing the 73' separation between the well and the seepage pit, and finds us follows: --' a. that there ore special circumstances or conditions which justify allowing the 73' separation between the well and the seepage pit in that the lot size is too small to accommodate the 150' distance required and this issue was addressed when the area variance was approved on May 23, 1989; b. that due to the nature of the variance, it is felt that the variation will not will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, C. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the upplicant, and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Airs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos i Noes: None Absent: Mr. Kurosaka RESOL UTION TO ADJOURN QUEENSBUR Y BOARD OF HEAL TH RESOLUTION NO. 20, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOL VED, that the Queensbury Board of Health hereby adjourns and enters into Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Airs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Burgos Noes: None Absent: Mr. Kurosoku QUEENSBURY TOWN BOARD PUBLIC HEARING -PETITION ON CHANGE OF ZONE - GARFIELD P. RAYMOND & RONALD NEWELL 8:20 P.M 1 NOTICE SHOWN Supervisor Borgos-This is a request by the owners to change their property to MR5 designation from the current zoning of UR-l...usked for public input... MR. RONALD NEWELL-Myself and Garfield Raymond own the property which is the subject of this application. What we are trying to do is to effectuate a change from the present zoning designation of UR 1 to MR5. What I have tried to do is make a presentation to the Board, to give certain support to UR 1 to change certain portions back to MR5. I believe that the proposal ... lay of the land and is consistent with the surrounding property. ...Tape not audible...more or less by AIR and commercially designated property in that the proposal that we are making to this Board is that the property zoning be consistent with the surrounding property. (Mop used) I have a map here to show you what I have in mind. SUPERVISOR BORGOS-It carne to my attention this afternoon we really cannot take action on this or any of the other proposals tonight we can listen to the public hearing comments but I understand that you will be appearing before the Warren County Planning Board tomorrow, June 14th and they hove to be first considered by them technically before we can take any action on them. We are listening tonight and gathering a// the data. AIR. NEWELL-I guess my question is keeping that in mind, in all candor I agree with you, I think that this is the cart before the horse situation, we probably should have gone to the other meeting before we came here it seems to be the way the program was scheduled. I do not know if you want to consider a conditional vote pending upon the vote at the subsequent meeting. But in any event what we ore talking about here is the Country Club Road, Buy — Road, (using map) and right here is a line which is consistent with the wetland map designation which N. Y. and the other municipal groups consider to determining what was wet and what wasn't wet. Over here is Buy Road, this is posted property, this is Brussel's property, this is I believe condominiums are over here, this is commercial over here is Wiswall's property, off of which has commercial or MR5 designation. What I am proposing to do, while this is already MR5 or Commercial, this be MR5. This remains UR 1, this property over here is UR 1, I propose this remain right along this line as UR 1, that this be MR5, to be consistent again with all the property that is over here. ...Wet UR 1 which is already the present designation, this over here UR 1 which is already the designation, so we are not asking to change this...we we are asking to change to MR5 to make it consistent with the surrounding properties. 350 SUPERVISOR BORGOS-Questioned if there was a known elevation? MR. NEWELL-These lines were drawn from a topographical map prepared by VanDusen some fifteen to twenty years ago... SUPERVISOR BORGOS-1 do not see any elevations listed. MR. NEWELL-We have on elevation mop. COUNCILMAN MONTESI-Lee is this consistent with your field review that the property adjacent to or abutting the Woodbury Property, this property in here is dry property? This is the wet and this is the dry? LEE YORK-Senior Plonner-We did find some wet areas over here... COUNCILMAN MONTESI-Hosn't this oreo been flogged by DEC? Isn't there a wetlands mop to that. ...this could be an accurate line or on orbitrury line. What the people up in Glen Luke hod to do was they had DEC flog it. This is a c lass two wet lond, I do not know what sign„ificonce that has:..shouldn't we be going on some better criteria than a line, how do we know what that line is? If I re-zone this how do we draw this line, and not violate the wetlands provisions either? I con conceive myself drawing that line and m, oking Mr. Newell and Mr. Garfield very happy and hove the State of N. Y. come in and tell me I was arbitrary and capricious knowing that line is a closs two wetlands and all I hod to do was ask for a flogging by their staff. COUNCILMAN MONAHAN-We should also be looking at the soils mop that was prepared by the Soils Conservation Dept. COUNCILMAN MONTESI-We ore here to try and moke government simple, but it is not a simple thing, we hove a line up here, how do I take a chunk without being criticized for spot zoning across the way, I mean jumping one zone and going to another and just putting this little corner into MR5. MR. NEWELL-I was going to ask or really dumb question. If you wont to get into spot zoning because 1 think that is exactly what you did, because everybody else, actually what I am doing is I am coming in here and pleading...because 1 am saying you took cure of this property you took cure of Dr. Wiswull's property, you took core of everyone else's property and here I am sitting over in the corner and wondering where the train went. I am not trying to come in and say give us bock what we had before, I understand what you are trying to do but all I am soying is treat us fairly. SUPERVISOR BORGOS-1 just wonder if there is a compromise? AIR. NEWELL-That is what I offered here. SUPERVISOR BORGOS-A little easier one. COUNCILMAN MONAHAN-We should ask Lee what was the rational of the Advisory Board when they zoned that, the way they did? Don't forget they hod soil maps, they had a lot of criteria that they went on and also has the Planning Board given their recommendation on this piece of property yet? LEE YORK-Yes, they hove. To answer your first question, I believe Mr. Newell and Mr. Raymond have a copy of my report, on this particular property. I did prepare a report on this particular property and talked about the criteria that was used and the maps that were developed. There are a number of components that combined to make this property less ...1 am reading directly frorrrmy report. I overloyed the zoning mop over the water resources mop and indicated an aquofir recharge area and showed a water shed boundary, then I overlayed the terrestrial and aquatic resources mop and this identified the wetland. I overloyed the soils analysis depth to high water table mop and it indicated zero to 18" to high water table a very low suitability rating and then I overloyed the zoning mop on this soils analysis percolation rate map and it showed G to 20" per hour or o designated limited to unsuitable for development. The property _ surrounding this particular property do hove similar physical properties on them but none of them have all the limiting factors that this property does have or does portray on the map that we have. I realize and I fully understand what Mr. Newell is saying that it does and on our zoning mop if you look of it, it really does look like spot zoning but when you investigate what the different criteria that were used you find that this particular parcel contains more limiting factors than anything around it. Basically that is what I said in my report, the Planning Board, they looked at this and reviewed it and recommended that the petition for rezoning be denied. SUPERVISOR BORGOS-Would either the Board or the owners of the property be interested 3�1 in some type of v compromise that possibly would change the UR5 to something less dense and possibly change the other or the entire parcel so we can do a rezoning into one particular designation something between the one acre and the five thousand square foot, the whole parcel with some encouragement for clustering and some kind of restriction against construction inside the designated area whatever that might happen to be by field inspection or survey. Such that you would end up with u UR15 or 20, 1 do not know what a standard zone is without having the other numbers in front of me. Maybe a compromise, so we do not hove to ploy games out in the field. MR. NEWELL-1 hove no problem with trying to work out a compromise, persu in all candor that is what I thought I had done here. What you ore saying is to go back to the drawing boards maybe I do not have a problem with that, all I am saying is I will only climb so many mountains, if you are saving... SUPERVISOR BORGOS-1 am saying it maybe hard for a field inspector to go out and find Ibis particular line out in the middle of the woods to see if you have built over it or under i t. MR. NEWELL-This particular line if you want I con have established with the some surveyor that drew the line...to being with, if you wont to go out and put in post or pegs I can have them do that, the some thing I con hove them do here. COUNCILMAN POTENZA-How much of the northern part is in the property Mr. Newell? Is this dark line 1 um assuming your boundary line? MR. NEWELL-Pointed out the property line on a mup. COUNCILMAN MONTESI-This represented maybe two acres up here? MR. NEWELL-That is correct. The whole parcel is probably uround 30 acres. COUNCILMAN MONTESI-If this is wet and flogged and we con establish that line, I really don't hove too much of a problem in the concept of looking at this us a MR5. COUNCILMAN MONAHAN-I do after walking it. COUNCILMAN MONTESI-In terms of compromise, I really don't see this piece going u MR5, -- up in that little two acre jog up here. It doesn't make much sense to me, you've got to get through a single family residential area to do u MR5, you're going to have two acres in there that are MR5 and you're going to have to...that isn't to say that you can't build on a class 2 wetland, you have to get a permit to do it but you con with keeping this, what is this, its wetlond but you want to keep that one acre. MR. NEWELL-Actually when Betty and I and Lee went on this property, this was after a few days of heavy ruin and theoretically you should have had to wear hip boots. Now admittedly it was wet when we went over there. We were able to get through there. When we got over to, actually we didn't even really get over this wetland at all, we got over to where the ... son had built a bunker to set off his toy rockets years ago, and he and I played back there. But there is a substantial area of dry. Its wet over here because Holster built up his property, Woodbury built this property, but it does drain otherwise you couldn't hove gotten back there of all. COUNCILMAN MONAHAN-Let me just read to you what the Soil Conservation says the type of land that is in there, what the majority of the land that is in there. ...this is a nearly level deep and some what poorly drained or poorly drained soil in depressions and sandy plains in those... and volleys. Flow ranges from zero to three percent. Most areas of this soil ore oval or long and narrow and rouge from three to twenty acres. Typically the surface layer is u very dark grayish brown and only stand about eight inches thick. The subsoil is ... olive brown only...find sand about ten inches thick. The substrutter is ... sand to a depth of thirty-two inches and olive sand to a depth of sixty inches or more. And I'm going to skip some of this and get to the ...Also included are areas of rainum soils which have a high silt content in areas of summer soils which are very poorly drained. Areas of included soils are one to three acres and make up about fifteen percent of the ...unit. The season high water tables between the surface and u depth of one and u half feet most of the year. Permeability or rate of water movement beneath the soil is rapid. Surface runoff is slow or very slow. My whole problem is the type of soil that is there. SUPERVISOR BORGOS-Do we know that from on site inspection or any boorings? COUNCIL MAN MONA HA N-This is how they did these mops were by boring. Those are actually field bored in areas of four acres ... there might be some areas you con pick out that are better. Because they mention, you'll see there is another type of soil here near the road. But for us to sit here and blanket this whole area with out having, in fact I had somebody make a very good suggestion to me at the soils meeting I was at, that when you' re thinking of rezoning on area (change tape) and read every one of those layers of soil in there before you talk about rezoning land ...To me that is a sensible suggestion so we know what we are dealing with. I don't think we can sit there and look at that and have somebody say ports wet, ports dry, ports this, when we have people who ore very knowledgeable in soil and content that will tell us exactly what the soils have done, that those borings are done. I think that we should, if we're going to seriously consider rezoning this, we would only be doing our job if we require that to be done. SUPERVISOR BORGOS-Lets take a minute here for Mr. Morton, I think he wants to address this. Would you identify yourself please and your capacity. BILL MORTON-My name is Bill Morton and I chair the Queensbury Citizens on Environmental Issues. It is the Citizen's Committee understanding that the Town Board has been petitioned by Mr. Newell to rezone portions of his parcel between Bay Road and Country Club Drive from one acre lot size down to five thousand square feet. We should like to offer several recommendations relative to this request for a zoning change for your consideration. The recommendation was based on the following factors. Some of these things have already been discussed. One, to review the soil conservation services soil survey for Warren County indicates that the bulk of the soil in the area proposed for rezoning is ...this soil is characterized by having a water table ranging from 0 to 1.5 feet below the soil surface. The soil survey indicates that ... soils, going largely the high water table and wetness have severe development constraints, severe constraints for shallow excavations, severe constraints for dwellings without basements, dwellings with basements, severe constraints for small commercial buildings, severe constraints for local roads and streets and lawns and landscapes. These severe constraints are do to the wetness. Based on our examination of the maps that were presented to us, ...soils account for nearly 85 to 90% of the soils on site. We could be off one way or the other because we are looking at the map that was made available to us. Two, two other soils, gallowoy and elnoro comprise from !0% of the soils on site and these hove moderate to severe development constraints due to wetness. The other soils on the parcel oakville, comprises approximately .3% to 5% of the soil on the site. This is the only soil on the parcel or on the site which is suitable for development, has ... and straints to development. Four, according to u map of the parcel to be rezoned submitted to the Town, nearly 40% of the parcel is wetland. This wetland according to DEC Freshwater Wetlands map designated us GF23 on map 18 of the wetland maps for Warren County. This wetland is regulated both by the Department of Environmentc. Conservation and the Town in respect to their freshwater wetlands laws. Five, at least two and maybe three high quality class ... streams which converge on the parcel and in the wetland. A high water table, galway and elnoro soils will preclude the development and installation of retention facilities to protect these streams and storm water run offs from development. Normally these storm water guide lines are controlling storm water report a virtual separation distance of four feet between the bottom of the retention basin and high ground water. That vertical separation distance is just not available with the elnora and galway soils. Six, any fill on the site to over come aqua dimension and development constraints will threaten the streams located on the parcel with erosion and sedimentation. If these streams ore to be protected, placement of fill ...should be avoided. In summary and in terms of recommendations, we think the planning advisory committee was right on tract when they recommended the current zoning of one acre lot size. The Town Board was on target on adopting that zoning recommendation. We think that the wrong saying would be sent out to developers and a dangerous precedence will have been set. The density for this parcel with its wetland and high water table would be increased with this rezoning. Therefore in light of the above findings, we recommend the parcel not be rezoned as proposed. Further we recommend that DEC be asked to alienate wet land boundary and flag it because we suspect that given the soil conditions, the wetland might actually be larger than shown on the mop. We also suggest that test holes and soil samples be taken to verify the soil conditions on the site. On the other hand, such a wetland, the wetland boundary is designated or delineated by DEC, it could turn out that the wetlands might be smaller than is shown on the mop, which would work to the advantage of the applicants. We recommend that the wetland portion of the parcel together with the suitable buffer be designated us an environmentally sensitive area. We believe these recommendations ore consistent with the goals of the Town to protect the we streams, and natural water resources. Possibly the Town Board might want to consider transferring some of the development rights to the dry area or to some other parcel in Town which the applicants may own. This might be a way to arrange for some sort of a compromise. Thank you. SUPERVISOR BORGOS-Thank you very much. I think the bottom line of what you said, you tend to agree that it is generally a wet area, you would recommend some test holes and DEC flagging to determine for sure exactly where the wetland is. MR. MOR TON-Yes. SUPERVISOR BORGOS-Thonk you. Thank Mr. Hodgson who is also here representing the committee. Is there anyone else from the public have a comment about this. TOWN CLERK D000 HER-I received u letter today. SUPERVISOR BORG OS-Would you read the letter, please? TOWN CLERK DOUGHER-To whom it may concern in regard to the upcoming vote on June 13th, 1989 pertaining to the rezoning of my property and the surrounding property, I'm totally opposed to rezone the area to MR5 because the land is not suited for high density housing due to the drainuge problem and the eventual increase in traffic. Irene S. Robison, 322 Buy Rood, Queensbury, New York. SUPERVISOR BORGOS-Thank you. Is that a neighbor on anyone boundary? MR. RA YMOND-Yes, she would be adjacent to my, down here, Irene would be this one here. (points to mop) SUPERVISOR BURGOS-Mrs. Potenzo just did some reseurch and has culled it to my attention. COUNCILMAN POTENZA-I wos checking on the present UR 1 acre and what it would support. It supports single family dwellings but it also supports with site plan, multiple dwellings. Its indirectly, I think what our Advisory Board is trying to do, is to support clustering in that particular area because of the wetlands that are in that urea. I don't want the public to go under the interpretution with the understanding that only single family residents are allowed in that area, the way its zoned presently. There ore other, professional buildings are ullo wed. So there is, ul though site plan is required, there are several options on this land as its zoned UR 1 acre at the present time. SUPERVISOR BORGOS-Maybe it would help us in our thinking and deliberating, if we knew roughly either in terms of density or in terms of planned use what you ore trying to accomplish maybe we could find a way to help you accomplish that and still preserve the wetland and the characteristics of the property. Do you have anything specific in mind? AIR. NEWELL-At the present time there is not a whole lot you could do with this property other than what Lynn just described. I do not think that is consistent with what has already been done, the perfect example is what Woodbury has done. What Lynn has described wos a fit and proper use of the property then Woodbury wouldn't have built I do not know how many units immediately adjacent to this particular property. I think what they hove done Gnd no one con question it, Woodbury knows what he is doing when he puts in a development and hus researched the murket and researched what con and cannot sell. All of the sudden i am going to come in and re-invent the wheel and soy no he wos wrong this is the way it should be done. I um certainly not going to try and second guess people that hove been in the business u lot longer than l have. I think what Woodbury hus done is consistent with what should be done with this porticulur property. If you want to draw the line and see this is where Woodbury stopped and soy well, he stopped and that is where the line is and you fellows can't do whut he did is inconsistent with what I think the land itself could support. If you cannot support what we want to do it certainly cannot support what Woodbury hus already done. What "m suggesting is that we will stay within the confines of the maps which were relied upon by the Planning Board, in Lee York's Dept. in determining what is wet and what isn't. We will follow your maps I hove no problem with that but just do not treat us any differently that is all. COUNCILMAN MONAHAN-1 huven't been treated differently, you have been treated according to the soils that hove been in there... MR. NEWELL-1 do not think that you con go out there, Betty, and find a line, u strata of line... COUNCILMAN MONAHAN-This was done by people in the field that did do test borings and they said admittedly it is done in four.ucres so you know your recourse really is to hire a professional person to do soil borings through your land here and find that area that might be suitable for different zones. AIR. NEWELL-What I am saying is I do not believe you con go out on the property and find a noturul barrier, which is consistent with this porticulur line, which seporutes this Woodbury's property from our property. Which would show a drastic change, for that mutter any change what so ever between whut we had and what Woodbury has. There is no change. SUPERVISOR BORGOS-That is perhaps what the soil borings or little test holes would show, if you spotted them with engineering persistence, it might show where the geological line would be rather than the line that we hove urbitrorily drawn over the years, perhaps it is a straight line perhaps it is a curve or something, but you could then pick up the points and connect those. MR. NEWELL-You would have to do a fair amount of borings, now, our contract with C.T. Mole is to look at what the approximate cost would be to do what we are talking about in preliminary costs come back at $3,800.00 and that is without any guarantee that whatever they present to you, you are going to accept or reject. All 1 am suggesting is if you accepted this line and these lines in establishing your UR 1 designations in rezoning it, i am suggesting you accept the some lines in arriving at a compromise which I believe that this program which I am submitting to you at this point. I am not saying give us all MR5 I am saying, actually, it is right around 50%. We would soy a deal breaker, one way or the other perhaps that is not the proper phrase the use, but if this little section upsets you that much I would say fine, keep it UR 1. Give us the section over here. SUPERVISOR BORGOS-1 for one would like some more time to think about this, now we have —' gotten this input, we have to wait until Warren Co. acts anyway. How does the rest of the Board feel? COUNCILMAN MONAHAN-I am only interested if we have input of test borings,...) do not figure than anyone has the expertise and 1 do not think anyone is the room does, the expertise to doythot without soil borings, that is why they do them. SUPERVISOR BORGOS-1 agree we will need some kind of limited holes maybe this is something again the Board can think, maybe the suggestion is to go out and do what you feel is the largest dry area and hove a couple borings done instead of a whole bunch and see if you can justify... COUNCILMAN MONAHAN-Excuse me Steve, but again I think we have to have professional advice on that where soil borings are necessary. F SUPERVISOR BORGOS-We would make the decision but it is their money perhaps to see if they ore going in the right direction. MR. NEWELL-Putting a hole in the ground is not going to solve the problem or provide you with enough information to make you believe that everything is the way it should be. It seems to me if you wont to be 100% certain you ore going to have to put holes every ten to fifteen feet the whole length of this line, put them inside here, put them inside here, and put them inside there. After a while there is going to reach a point where you are going, when i will have to soy that CT Mole, ought to rencme one portion of their office the Newell, Raymond Memorial room ... SUPERVISOR BORGOS-That is why 1 am thinking you ought to take, it is up to you, if it were my property 1 would go out into the area I thought was really the best suited for development and drill a few holes and if that confirmed what I thought then 1 might do a few more otherwise i would stop. MR. NEWELL-Actually I do know where the dry fond is, I played in this area and 1 fished in this area and I helped...shoot off his rockets in this area, years ago and actually years ago this wos all ... it used to be a form. But times change uses change and the situation of the property hos changed. By the way there is no trout stream, on this property, it is over here I fished it. Try to onolygize, when you say, put a few holes in. There is no such thing as to put a few holes in. You start putting holes in and you have a report and you get your CT Mole people up here and they say, well this is what this means and then Betty Monahan may soy, well what if you dug a few more holes, and what if you went over here, and what if you went over there. After a while it really comes almost impossible and all I'm suggesting again and I know I'm redundant at this point, is that the maps were satisfactory to establish the UR designations that presently exist, they really ought to be satisfactory to (actuate a compromise as I'm proposing. COUNCILMAN MONAHAN-That is the whole point, none of the area meets any of the criteria that the Advisory Board had, further ....it did not meet any of the criteria of the maps. - COUNCILMAN MONTESI-Steve, are you saying, not withstanding the arguments for or against this at this point, ore you saying that tonight we can't vote on this or we can vote on it and it would be a conceptual vote and it may be good or bad for you Mr. Newell to go forth with Warren County with that conceptual vote. I certainly wont that, I'm sure we could give it to you. I think Steve, in a nice way is telling you to bock off, take a look at it, think about it, because I think.... SUPERVISOR BORGOS-All I'm saying is that it appears that the documentation so for tonight from the Citizens's Committee and from research Betty has done, is saying it probably shouldn't be changed. 1 think the applicant might wont some opportunity to come in with some documentation that will lead us to go in the other direction. Right now, we've got a drawing, but maybe there would be some hard evidence that would support your side because the other evidence seems to be very heavy on the other side. `355 COUNCILMAN MONAHAN-Lee I know how this works in some instances but I'm going to ask you if it works this way in this particular instance. If Warren County turns this down, I know how it works for the Zoning Board, if Warren County turns this down, in order for us to over turn their turning down, we have to have a vote of a majority plus one? MRS. YORK-1 believe so. What do you think. ATTORNEY DUSEK-Yes, yes. COUNCILMAN MONAHAN-So that means you've got to have four votes on this Board that " says he can rezone. ATTORNEY DUSEK-I may note this as I see what is some of the Board's concerns are really focused on environmental issues here. One of the things that we have to or the Board would have to go through is the environmental assessment form before the Board can take a formal vote, us I'm sure you are all well aware of that. What my thoughts are is that also the rules and regulations of SEQRA allow the Board to request additional information that you feel may be necessary to help you decide whether or not the project will have a significant impact on the environment. If you feel after reviewing information that there is a significant impact, you'd hove to issue a positive declaration and that in turn would trigger the necessity of the oppli-cant having to file on environmental impact statement to review the project.. I just wont to throw this out for the Board's consideration because I think the first step along the line is making sure you have enough information to decide whether or not there is a positive impact. Once you feel there is the positive declaration con be made and you proceed with the impact statement all before any kind of vote is ultimately taken which I finally might odd is totally enforced within this Board's legislative prerogative. There is no set of lows that establish u procedure for rezoning. It is u legislative mandate of the Town's and the only rules of the game are the rules of the court and the general rules of the law that are set up and that is you can't spot zone, you have to treat everybody fairly, the usual type of rules. COUNCILMAN MONAHAN-Paul, also when it comes in front of Warren County, and they also say that they want a new facts statement, con that process start right there when it goes to Warren County. ATTORNEY DUSEK-My guess it would be not because Warren County, it renders an advisory opinion which is not subject to the SEQRA, the necessity of going through a SEQRA proceeding to give that advisory opinion. SUPERVISOR BORGOS-1 know my feeling is to give the property owner every opportunity in all these zoning matters. AIR. NEWELL-I really do appreciate that . SUPERVISOR BORG OS-We have rejected several, I think there were eight or nine original applications that come in, at this time the Planning Board recommended favorably on one or two and no on some others. Alot of them we agree with right away. We saw an opportunity, perhaps there was some more evidence. What is the wish of the Board? They ore scheduled to go before the Warren County tomorrow. I look at the map and I see that there are some dwellings and there is a new commercial venture currently being built right next to it that tells me there is some history at least on some part of the property or adjoining property, that there moy be some value. I personally would like to be a little more information or give the applicants at least the opportunity to provide the information that would contradict in some way the information we have here, otherwise it is very difficult to find in favor of the applicants. Would you identify yourself for the tape please? - GARFIELD RAYMOND-1 am Garfield Raymond, The only comment that I hove on the evidence that you are saying that has already been presented was the fact that they ore using mops which you ore saying that we cannot use to show you which ore the designated wetlands. We ore looking at a map which basically does not, shows the whole general area and you do not know if that is a typicol...for this land. The soil tests, 1 do not know where you got that, it come from a number of different soil tests that were token throughout the whole area four acre lots. SUPERVISOR BORGOS-1 think that they were done on your property... GARFIELD RAYMOND-1 do not think they were specifically designated to be on our property. SUPERVISOR BORGOS-This is the kind of information that you might wont to have to contradict the best we have. It may be limited it may be extensive. ��t0 GARFIELD RAYMOND-The only additional thing is that, at least the property will sell. We have had this property for sale. When we bought it, it was UR5. We sold to Gory Poster the parcel up front, hod that been port of this land, it would not be able to be used as u commercial piece which its being used now as a commercial piece. The people that we've showed this property to are all interested in this being u MR5, they ore not interested in a UR 1 acre because its not economically feasible. So we have substantial loss there as for as economics. So that is another consideration. SUPERVISOR BORGOS-Would you be willing to supply additional information or go back and think about this and notify us within u week or two or three at your convenience if you hove something additional? MR. RA YMOND-You are telling us to regroup and 1 hove no problems with doing that. SUPERVISOR BORGOS-Perfect. Regrouping is better than a quick no. I think that is what I om trying to stay. I don't know how the Bourd is going to feel. COUNCILMAN POTENZA--If they want a vote, we can vote. SUPERVISOR BORGOS-Its your money to get information. MR. NEWELL-The point I am trying to make is, if I see that there is a potential light at the end of the tunnel, i don't have a problem with that. If you think you need more information, I have no problem with that. I just don't want to go on a wild goose chose. SUPERVISOR BORGOS-We can't guarantee you what its going to turn out to be. MR. NEWELL-No one con guarantee that tomorrow is going to be what it's supposed to be. If you think that some test warrants on the dry areas, would make it more comfortable for you to provide us some of the relief that we are asking, then fine I have no problem with that. COUNCILMAN MONTESI-How long would it take DEC to flag that area, good, bad or indifferent? AIR. NEWELL-1 don't know, I have no idea. MR. RA YMOND-Actually i think it would certainly be very helpful but you also have to understand the UEC wetlands, we still, any time we build in there, its going to have to be u hundred feet away, you ore still under their jurisdiction, we'll still hove to go through a site plan review, we'll still hove the environmental impact, all that stuff takes place. Construction takes place in the wetlands us well as it does in other ureus. COUNCILMAN MONTESI-But on the some token, for us to rezone, we have to soy one thing, we have to say, unequivocally that there is no environmental impact. We have to sign the SEQRA report. That is pretty hard to do with what we hove right now. Not withstanding the fact that you may salt we are being arbitrary capricious, there is a whole bunch of people out there that might say, that was u pretty cusuol step by you, a class 2 wetlund and you rezoned it, there is no impact on the environment. 1 hove got to feel comfortable that DEC hod on input, ut least knew where their flags were, where we were going, you did some test borings. That may seem cumbersome and i appreciate that fact and the land is for sole and I guess i hove to soy, thirty-eight hundred bucks doesn't seem like a big thing, because if you get it rezoned, that thirty-eight hundred bucks would probably be one acre. If you don't get it rezoned, it is u big thing. But if you want to call the vote, vote, if you don't... I think we need some more input. MR. RAYMOND-The only other thing that Ron did address and it is the property that is right behind or right adjacent to Gory Poster, that was the main form, that whole area, the farm structure was there, that was the field, that's where the cows ore. The property to the north of that is where the field was, the rood went buck in to this area that we cre talking about. The property that we own is actually three separate parcels. The one area that is adjacent to Woodbury's is a section which is about sixteen acres and that is basically the dry area that you have on the map. The properties to the north of that is where the majority of the wetlands is and that is what ties into that, we all know that big hole up there that is filled with all kinds of wild life and all kinds of things up there. Plus we hove the one on Country Club Rood. But in light of that, you're looking, and the only reason that you drew the zoning was strictly brcouse of the property lines, and that was the only reason that you drew it there. If you had gone up, and I think you really could hove gone up to the next area because at one time you ivere considering rezoning that whole area to be commercial. COUNCILMAN MONAHAN-Thot may hove been but that was before we had some of the knowledge that we have today. MR. RAYMOND-Well, I know that... COUNCILMAN MONAHAN-The rezoning is entirely different within the last year or so with the kind of resource material that is now available to us. Actually some of the resource material we had previously used on our soil maps were not accurate as the ones we have today. AIR. RA YMOND-Also in terms of topo's if you go across the street which is ail commercial, you zoned nine some acres over there which their topers are lower than our topers. MR. NEWELL-Let me estimate. I'// get you the additional information that you want. We'll go in there and dig a few holes if that is what you want and make a presentation of their findings, let you know up front, we ore going to do it, so its not going to be u situation where I hove done it and all of a sudden loose the findings, now I will tell you I am going to do it, now I will tell you, you will have the findings. SUPERVISOR BURGOS-Maybe for your own sake it would be good to have DEC flag this too, Sc you will know more, be more convinced of your own feelings. MR. NEWELL-Then we will need more municipal involvement which in all candor, in my own experience... SUPERVISOR BORGOS-I do not think so, I think that is a service that they will do. MR. NEWELL-1 guess what I am saying is you can only have so many people working on this particular problem. The Town of Queensbury, the County of Warren and who knows who else after a while it becomes so cumbersome it becomes impossible. COUNCILMAN MONAHAN-Mr. Newell, I think, Mr. Dusek, just pointed out to you we ore going to hove to do on environmental, you are going to have to do on environmental impact statement, this is material that you will have to gather before you con complete that environmental impact statement. AIR. NEWELL-That may or may not be the case, I would rather not argue that point at this tine. I do not necessarily agree with you but I do not think it will serve any purpose for you aria,' I to get into a yes, no, argument. PA UL DUSEK-TOWN ATTORNEY-The point that Councilwoman Monahan is leading to is thot if the Board wants to have the wetlands flagged then the Board can request that the wetlands be flogged and the opplicunt should orrunge for that. SUPERVISOR BURGOS-1 think that is a no cost item, is that correct? GARFIELD RA YMOND-That is correct we ore aware of that. PAUL DUSEK-TOWN ATTORNEY-!t is not up to the applicant whether he wants to flag them or not it is up to the Board whether you wont them flogged. GARFIELD RA YMOND-My whole point is by flogging that all you are going to do is add nothing more than the flags out on the property which would show exactly what you had on the maps that were olreudy provided. Our surveyor has already taken the DEC mops and have taken our maps, survey mops and just overloyed the two. So they ore going to be doing nothing more than going out there so you really know... SUPERVISOR BURGOS-It might be convenient to, for a field trip though to see the maps. CARFiI=LD RAYMOND-That would be the only advantage of it. SUPERVISOR BURGOS-You have already done the field trip? COUNCILMAN MONAHAN-That is right, and you con't get out there to do a field trip. SUPERVISOR BORGOS-What is the wish of the Board, i see maybe cn opportunity here to perhaps table this, c lose the public hearing and table any action. MR. NEWELL-Obviously that is what we wont to do, I think to do anything otherwise at this Point is foolish, so we will get the information and bring it bock I will appear before the Warren County Plonning Board tomorrow and I om going to suggest to them that they do exactly what we ore going to do here tonight and provide them hopefully with a ... from your Board which they can consider when they make their determination. We ask that it be tabled and we will come bock. SUPERVISOR BURGOS--Procedurally, is there anyone else who wishes to speak about this application? Procedurully is there any other member of the Board who wishes to speak at this moment before we close the hearing. COUNCILMAN MONAHAN-Well, I will tell you where I am Steve, Number one, DEC as for as I am concerned is going to have to flog the wetlands, Number two, we are going to have - to get some professional advice about where the test holes should be and the number that are necessary in order to make the determination, I do not hove very much knowledge on that and I rely on a professional to do it. SUPERVISOR BORGOS-Would you want our engineer to determine where the holes should be or do you want the applicant to provide? COUN-CILMAN MONAHAN-I really don't know. I think we should talk to our engineer and get some advise from him on how to proceed on that whole thing. Again of course you hove a very much of o specialist on your environmental committee who is Charlie Maine and this is whot he does and somebody who knows this kind of a field backwards and forwards. He probably could give us background us to how many and where these are put because this is what he has been doing for the soil conservation group for years and years and years. He is probably more knowledgeable than clot of the engineers around. SUPERVISOR BORGOS-Perhaps you could coordinate this through Lee York's office, so that you won't have to talk to the whole Board as we move forward on this. Let her know when the flogging will take place. (turn tape) COUNCILMAN MONTESI-Determine from that flagging where he'd like to see some test holes and they be less. COUNCILMAN MONAHAN-He is not going by just the wetness, he is also going by the types of soil and that is very, very important when you talk about rezoning. SUPERVISOR BORGOS-Maybe with Charlie Maine we can also ask him to do ... COUNCILMAN MONTESI-I think one of the things too that the public should be aware of is that Betty Monahan has walked the property with Ron a couple of weeks ago with Lee York. Subsequent to that, I walked the property in the dead of winter in an ice storm with Ron. I think the Board is at least aware of this property, we've been on the site, both winter and spring, we have some concerns, but I think we're trying to be cooperative in trying to compromise. It is a sensitive area. COUNCILMAN MONAHAN-We have to remember not only the concerns to the applicant but the other Town's people because any mistake we make the Town's people are going to pick up, so we do have people concerned more than just the applicant. SUPER VISOR BOR GOS-We have heard from the Board we have heard from the public I declare that Public Hearing Closed. 9:15 P.M. The Board if we do not take any action, we do not wont to take any action on most of these anyway because of the Warren County Planning Board Agenda tomorrow. Is there anyone who feels strongly that this should be rejected and the process stopped at this point? If not then we will consider then to have taken no action which essentially is a tabling ut this time and we will coordinate some efforts to try and see exactly what is out there. Thank you very much. PUBLIC HEARING CLOSED No action taken. PUBLIC HEARING -PETITION ON CHANGE OF ZONE -DUNHAM'S BAY FISH & GAME CL UB 9:15 P.M. NOTICE SHOWN SUPERVISOR BORGOS-Application by Dunham's Buy First and Game Club for rezoning, current zoning is LC10A and RR5A and they want everything to be LC10A. Has this been properly advertised? TOWN CLERK DARLEEN DOUGHER-Yes, it has. SUPERVISOR BORGOS-Thank you. I believe we hove a representative from the Fish and Gume Club with us, will you identify yourself please and tell us briefly what you propose, I thinkmost of us are aware of this already. r MR. JOHN BEA UDE T TE-Chairman of the Fish and Gun Club for Dunham's Buy. Our property runs oblong, runs east to west and the zoning split runs north and south. So about a third of our property is zoned rural residential and the other two thirds is land conservation, and we just wanted to consolidate the whole property into Land Conservation. SUPERVISOR BORGOS-Which makes it more restrictive and less dense going in the general direction that the Town seems to want to go. AIR. BEA UDETTE-Besides that one of the few uses that are permitted on Land Conservation is a Fish and Game Club. SUPERVISOR BORGOS-So you would not have to go to site plan review. Let me ask Mrs. — York, has the Planning Dept., Planning Board mode any recommendations? Would you go to the microphone please. Ll F YORK-Yes, they hove. I did not hove any concerns about this change in zone to a less intense use, and the Planning Board recommended that this be approved. SUPERVISOR BORGOS-Thank you. Any member of the public have any comments on this plus or minus? Would you come to the microphone please and identify yourself? I think that this will be quicker than the last public hearing, but we will see in u minute. KAREN SUMMER-My name is Karen Summer and I live directly adjacent to the property. My question is why are you really doing this? MR. BEAUDETTE-To hove u permitted use to thq property. KAREN SUMMER-My understanding is that there ore other intentions. MR. BEAUDETTE-Not to my knowledge. KAREN SUMMER-My concern is the upgrading of the number of members. MR. BEAUDETTE-We are all trying to upgrade membership but we are... KAREN SUMMER-Is there a reason? MR. BEAUDETTE-No, That is how we muke our finances, that is how we pay for the operation with membership. KAREN SUMMER-The membership has increased? MR. BEAUDETTE-Actuully it is pretty steady. It ... KAREN SUMMER-What period are you talking about,the lust couple of years? MR. BEAUDETTE-Since I have been the Club I would say six, seven years, two hundred to two fifty neighborhood. KAREN SUMMER-My concern is not, my concern is the understanding that you plan to do a rather large building project. AIR. BEAUDETTE.-We want to replace the Club House, because it is falling into the cellar. KAREN SUMMER-That is what I was getting to. I am not being....I want to know what the plan was down the rood ...so I can state my feelings now. Do you have any idea more specifically what you ore talking about? MR. BEAUDETTE-No, we haven't even submitted a plan to the Town of Queensbury, we hove hod a building fund in place for at lease six years it grows, not by leaps and bounds but we have not, we hove looked at different plans, proposals but there has been nothing firmed up _ in any way shape or manner, even to location. KAREN SUMMER-So in actuality if you get this new zoning the, you will not need site plan approval. AIR. BEAUDETTE-1 do not think we need site plun approval to change our Club House. SUPERVISOR BORGOS-Mrs. York is checking that, I believe. KAREN SUMMER-Mike, ...the activity growth over there, I have essentially watched and listened to the changes that are rather inconsistent with the area. I personally really need to know what is going on over there. MR. BEAUDETTE-The only thing I can tell you about the activity changes is actually they have diminished, there are two events that we have lost in the last six years that I hove been in. KAREN SUMMER-1 live there,you don't. 1 con tell you that the activity has not diminished in the lost two years. In fact it has increased. MR. BEAUDETTE-The organized activity has diminished. KAREN SUMMER-If you are going to qualify it, then I do not know. I would just label it activity. Somehow there are no restrictions other than the 9 a.m. 9 p.m. firing...we have got semi-automatic.—s ' over there now, more so than ever, the blockpowder does not bother me nearly as much as.. MR. BEAUDETTE-That is one of the ones thot we hove lost so there is hardly any... KAREN SUMMER-That is not nearly as bad. Considering the noise levels have gone up, the traffic in and out of there has gone up, i am not so sure that, I would be inconsistent if I felt that I approved... MR. BEA UDE TTE-The building of the Club house is not contingent on changing the zoning. We are not adding a structure, it is the Club house that we have, we cannot put fifty people in it because it begins to cove in. KAREN SUMMER-1 admittedly did not do my homework. If it is not contingent, then 1 still do not understand why you ore here? MR. BEAUDETTE-Because it is just a technicality that the land was zoned that way in the first place, it is my understanding. KAREN SUMMER-1 am next door, and I am RR5. Mr. BEA UDETTE-But you are not a Fish and Game Club either, and a// your property is in R5, half of ours is and half of ours is not, or a third and two thirds. KAREN SUMMER-....it does not mutter we ore not going to argue this, all I want. SUPERVISOR BORGOS-As long as you don't start fighting, I um enjoying this, I am waiting for a commercial break... KAREN SUMMER-1 have only complained twice and you would complain too, if the National Guard moved in. SUPERVISOR BORG OS-Yes. KAREN SUMMER-They did move in and I did complain, and I did complain when they violated their own regulations, but they are totally unregulated, at this point in time. COUNCILMAN MONTESI-How long have you been a neighbor to... KAREN SUMMER-Four years. I hove seen the upgrading, and I knew they were there I policed the place before 1 bought it, I knew what was going on, but it is really increased. That is not my complaint, my complaint is if it gets any bigger we might just as well. COUNCILMAN POTENZA-1 do not think the rezoning will hove an effect on whether or... KAREN SUMMER-Thot is my concern, will it or won't it? COUNCILMAN POTENZA-1 do not think so, am i correct, Lee? LEE YORK-That is correct. Mrs. Potenzo, I will show you it says, Site Plan review for anything they do there on that property however, they will be a permitted use in a LC42 zone. They would probably even if they did hove the building they could probably very reasonably get a variance for the front portion of the property anyway, split zoned or not. KAREN SUMMER-Whot would be the benefits then of changing the zoning? LEE YORK-The benefit is to hove all your property in one zone rather than split zones, so you hove to go through the variance. COUNCIL41AN POTENZA-Most of the Town when we rezoned it we went by property line but unfortunately this was, we missed this one. KAREN SUMMER-So we are down grading it... COUNCILMAN POTENZA-...exactly at their request. LEE YORK-Let me show you the mup, see how the zoning line went right through their property. They just wont to hove it all rezoned the some. KAREN SUib1MER-Whot would happen if they were no longer a Fish and Game Club? LEE YORK-They would still be in a L C 10... COUNCILMAN POTENZA-It would be one dwelling per ten acres instead of one dwelling per five ucres. KAREN SUMMER-It would be land conservation, they could do bout storage and stuff like that. LEE" YORK-1 con give you the informution. KAREN SUMMER-1 should have done it myself. My point was to object to consistent growth. PAUL DUSEK-TOWN ATTORNEY-1 just might note, that in the two different zones the LC10 is more restrictive however there ore certain uses that ore allowed in a L C 10 that are not allowed in rural residentiul one of which is I just look down the list is a comp ground that is allowed in a LC 10 but not allowed in a residential. So there may be ...there are some other things in here to so there may be some differences of what they con do with a five acre parcel as opposed to what they can do right now if they get it changed. I will bring that to your attention and that con be looked ut by looking at the two lists of permitted uses that are in our ordinance. SUPERVISOR BURGOS-Essentially it is much more restrictive set bucks are stronger, and number of dwellings is reduced and everything requires site plan review which is being a consideration of the Planning Board of the screening from the roads, traffic, some kind of sound reduction measures all those things would be opened up the moment you decided to do some kind of modification there. Which could help the neighbors. KAREN SUMMER-Consistent with what I heard earlier in terms of environmental impact, if you do a site plan would that be a necessity, I am thinking in terms of noise pollution? SUPER VISOR BURGOS-1, believe, if we were to say we can't do it until Warren County is done, but if we were to say go ahead with this, we have to go through the SEQRA process with this, also. PAUL DUSEK-TOWN ATTORNEY-You would hove to go through the SEO.RA process now if the applicant come back at a later date for a site plan approval that would be another action by u Town agency and the SEQRA would have to be done with respect to that proposed action as well. KAREN SUMMER-!s noise pollution considered in an environmental assessment? PAUL DUSEK-TOWN ATTORNEY-Yes, it is. COUNCILMAN MONTESI-Not withstanding the fact though as you said, you policed the area first, you knew you were next to a gun club there is never going to be a time when there is no noise. It is like being next to on airport. KAREN SUMMER-As I said earlier, my concern was the increased activity. It has certainly changed in the lost four years and I con attest to that. COUNCILMAN MONTESI-But that is still their prerogative. I'm not being argumentative. What 1 am saying is, they were there and whether they do more or less, they were there. When you moved in, consciously knowing they were there, you would have to assume it would either grow, never get smaller, maybe it would be, but you made that decision. I have a hard time being patient with the fact that you ore talking about noise pollution. Its there, its their god given right I suppose. KAREN SUMMER-Granted...I suppose if you ore going to—i'm not going to agree or disagree nor um I _going to argue. I'm just here to say its getting noisier, its getting more active and perhaps there might be something we might oil be able to do. That's rather inconsistent with the area. 3l� COUNCILMAN MONTESI-What would that be? KAREN SUMA1ER-I'm not sure. Some sort of internal hopefully regulations. MR. BEA UDE TTE-The gun club was there, its been there for seventy years. KAREN SUMMER-Oh I know. Something internal perhaps is easier and more accommodating then external. COUNCILMAN MONTESI-1'm really not sure what they could do. I'm one of the guilty ones. KAREN SUMMER-1 know you are a member. COUNCILMAN MONTESI-Yes and I'm not going to vote on it because I am a member but I'm one of the guilty ones that makes the noise. COUNCILMAN POTENZA-Limit the hours. COUNCILMAN MONAHAN-And I suppose the caliber of the guns that they are firing. I would suggest as a practical thing you ask Mrs. York to make you a copy of what is allowed in both of the zones. Because when you look at what is allowed, you make like land conservation better than an RR3A, when you start looking at the details of what is allowed. MRS. YORK-If you want that 1 can send you that information. COUNCILMAN POTENZA-Would it be our recommendation to table this then? SUPERVISOR BORGOS-Well this one ogain now, we, at some point, we have to decide that we want to close this hearing, we have to take all the rest of the comments and close the hearing and then only if there is an over whelming desire to stop it, will we take any action. Is that correct? COUNCILMAN POTENZA-My concern is with what is going on with Warren County. ATTORNEY DUSEK-This one is a little more complicated too because we have the APA involved in this. COUNCILMAN MONAHAN-They already have made a recommendation to...I thought they were the ones that wanted us to put the other—in LEE YORK-They said we might wont to, it is entirely up to you. ATTORNEY DUSEK-The APA staff has given us a preliminary indication, but I do not think that the Board has met yet. They have yet to meet.... LEE YORK-/ have not received official notification, but I was phoned and told that they have no problem with it. ATTORNEY DUSEK-1 think that we hove to wait for their Board action. You may have to wait two or three weeks. COUNCILMAN MONAHAN-Paul what is the procedure with them, suppose they turn this down and we want to do u yes, what happens. ATTORNEY DUSEK-They do have a soy over our ordinance, if they reject it then we have some problems. COUNCILMAN MONAHAN-So we hove no place to go if they reject it, Warren County we hove to hove extra votes, but with them we have no place to go. ATTORNEY DUSEK-Well, I am sure that there are some procedures... COUNCILMAN It?ONAHAN-To take them to court... SUPERVISOR BORGOS-Lets hope that, that does not happen. Is there anything further that you wish to say? Does any other member of the public wish to speak? Thank you for joining us, does any other member of the Board wish to say anything at this moment? COUNCILMAN MONTESI-Only Steve, that I make note of it, that I am member of the Dunham's Bay Fish and Game Club and I am supportive of this rezoning but I will decline to vote so there will be no impropriety on my port us a member of their Club. SUPERVISOR BORGOS-Thank you for making that public. Any other comments? We will declare this public hearing closed. 9:25 P.M. No further action at this moment. PUBLIC HEARING -PETITION ON CHANGE OF ZONE - WALTER C. FISHER & MARIA J. FISHER 9:25 P.M. NOTICE SHOWN SUPERVISOR BORGOS-The next public hearing we have is a petition of change of zone for the Fishers address RR5, Box 158 Nottingham Drive, the property is located on County Line Road otherwise known as Queensbury Avenue depending who you talk to. The proposed zoning is to change from the Light Industrial 3 acre to a proposal to go to Light Industrial 1 acre, this has been properly advertised, I presume. TOWN CLERK DARLEEN DOUGHER-Yes it has. SUPERVISOR BORGOS-1 see Mr. Fisher here this evening, would you or anyone else like to speak in your behalf. Just tell us briefly, again we are all familiar with this so you could summarize it. [VAL TER FISHER-My name is Wolter Fisher, I reside at RRD5 Box 158 Nottingham Drive Queensbury. On October 86 my wife and 1 purchased 19.3 acre parcel in Queensbury located on Map 8 Section 9....this land is south of the airport, west of Queensbury Avenue, County Line Rood. It was zoned Light Industrial one acre at the time of my purchase the zoning contributed 100% to the decision to invest in the property as growth in the Warren Washington Industrial Park was imminent. If anyone requires drawing to see the property... SUPERVISOR BORGOS-We have actually made a road tour of all these properties. AIR. FISHER-The new zoning map in June of 88 split my property into SR 1A and Light Industrial IA. land locked on the industrial property. At the public hearing on June 27th I expressed my concern regarding the quote mistake in the drawing of the zoning line. The latest zoning mop, zoned the area surrounding and improving the airport to light industrial 3 acres. The onlytl<ght industrial 3 acre zone in the Town of Queensbury. The only area really effected by the new zoning is my 19 acres and Mr. Chartrond 25 acres. An airport is an airport, highway commercial, —commercial, heavy industrial, all at the some time. Warren, Washington County Industrial Park although nearly sold out was designed on one to two acre parcels, l am sure ...will be sold in the some manner. I do not understand the logic behind zoning this area three acre porce/s, otter months of hard work in 1988 1 ended up split residential, industrial in one Gcre density, suddenly a brand new density created. Light industrial zoning in one acre increments has proven to be both beneficial and extremely workable. The Town of Queensbury made sure its Technical Park on Dix Avenue was zoned one acre, G rezoning of heavy industrial three acre to light industrial one acre. I have clot to lose should the three acre zone remain in force, two-thirds of my investment to be exact. Additionally Queensbury loses by cancelling growth at our most potential urea, on airport. I request that you zone the area as it was and should be, light industrial one acre. SUPERVISOR BORGOS-Let me ask quickly. You said a couple of times that your property was split into SR lA and L13A. MR. FISHER-1_17A....that was of ter the year of rezoning. SUPERVISOR BORGOS-Its into 3 now. I'm just trying to understand, you want your whole property put into lA or will some of it still be residential? MR. FISHER-Its all now 3A. SUPERVISOR BORGOS-Okoy just to clarify. We appreciate your patience in waiting for this process, you spoke to us early as you indicated, did as we requested, come through the process, that is very much appreciated. Anyone else from the public wish to speak before we ask the Board for questions? TOWN CLERK DOUGHER-I've received one stGtement Steve. SUPERVISOR BORGOS-Thank you very much. Please read. TOWN CLERK DOUGHER-In reference to the notice of public hearing as it pertains to certain rezoning matters that the Town of Queensbury Town Board is considering tonight at their meeting, I wish to verify this office represent Airron Industrial Corporation, Ronald Churtrand, principol. With specific reference to the application of Walter C. Fisher and Maria J. Fisher tc rezone their property from L 3 acres to L 1 acre, I'm authorized by my client to state the he is in full support of the application. We would appreciate this being made part of the record of the public hearing. Thank you very much for your consideration, very truly yours, Richard Al. McClennathen. SUPERVISOR BORGOS-Thank you. Any member of the Board have any question about this? COUNCILMAN MONTESI-Just a comment Steve. I have spent some time with Mr. Fisher on the property. Specifically we walked the boundary lines of the property. i guess 1 walked it primarily because 1 had some concerns if we went from three acre to one acre. What that property looked like, where it drained, what kind of septic tank availability would be in the ground, what kind of percolation. I'm comfortable with that property at one acre, increasing the density in there. It generally slopes down hill from County Line Road. It makes some sense to me in and about the airport and i think we have changed that zoning on Mr. Fisher. Perhaps us he pointed out, he did come forth immediately once the maps were drawn for the Master Pion, and made note of that. He made some changes in our group of changes that we mode, as you point out, it went from a split zone to one zone, but we decreased the density. I'm not sure I really felt comfortable with that, so I've been an advocate of Mr. Fisher and trying to change that for him. I think it is one of the areas that we are looking for...there is a minimal amount of impact on neighbors there and if we were looking to develop more tax base in terms of industrial growth, this certainly makes some sense to me on this side of the road. i think all Mr. Fisher has done to date with that property is improve it. SUPERVISOR BORGOS-Airs. Monahan, anything? COUNCILMAN MONAHAN-Mr. Fisher, is there one areu of that that is wet? AIR. FISHER-Woy down in the way south area right almost to the end of my property, its damp. COUNCILMAN MONTESI-Thot is where the drainage ditch is out of Earltown. AiR. FISHER-Right. COUNCILMAN MONAFIAN-1 knew the property when it was part of the Steven's property and I know what the land was used for, that is why I asked the question. COUNCILMAN MONTESI-Yeo, I think the 224 and 679, those two lines actually represent the drainage ditch. AIR. FISHER-It very well could be. Its right down in there off that two hundred and fifty foot airport ... COUNCILMAN MONAHAN-Mrs. York, do we have u recommendation from the Planning Board on this? SUPERVISOR BORGOS-Yes we do and it is an interesting one. MRS. YORK-The Planning Board recommended denial. Their feeling was that creating a very small one acre zone inside a three acre zone was spot zoning and that is the conclusion they come to. COUNCILMAN MONTESI-The three acre zone being the airport? MRS. YORK-Yes. SUPERVISOR BORGOS-I'd like to osk our Town Attorney. Our Planning Board to us is simply advisory, is that correct? So we don't need u four vote situation? ATTORNEY DUSEK-No. COUNCILMAN MONAHAN-Why did the Advisory Board in the first instance moved this to three acres? AIRS. YORK-Well they changed, the whole airport was one acre. They reduced the density in the whole area. it wasn't simply Mr. Fisher's property. In my report that I gave, I believe you all hove, I did discuss the potentials on the property and indicated that there are some limitations on the property, but there ore some physical limitations obviously on the adjacent properties. The issue really come down to, were the adjacent properties sufficiently different to warrant creation of a special zone for this particular property. I guess that is the critical issue. �lo COUNCILMAN MONTESI-Lee just a question. Whether the airport is one acre or three acre or ten acre, is almost a mute question. I suppose an airport the only zoning, well an airport is only zoned in an industrial urea, is that what our zoning ordinance says? MRS. YORK-No not necessarily. Wait let me just check. Its an area that is zoned that you can hove an airport in. COUNCILMAN MONTESI-We changed the zoning at the municipal airport from three acres to one acre, effectively what did that do. I mean it didn't have an impact on anything. COUNCILMAN MONAHAN-Unless they close the airport down and sell the land. SUPERVISOR BORGOS-Hopefully that won't happen. MRS. YORK-If it ever did come down to that and become an industrial site. Its really, this GPI)licotion is a really a judgement call. It really is. I know the Town Board wants to encourage light industry in the Town. SUPERVISOR B OR GOS-Unfortunately we are not able to take a vote on this tonight, to make Mr. Fisher happy tonight, perhaps. Any other Board members? COUNCILMAN POTENZA-No, I don't have a problem with this application. SUPERVISOR BORGOS-Okay thank you very much for joining us. As quickly as we hear from Warren County and then we get into the procedure, we'll let you know what the next step is. COUNCILMAN MONA HA N-Steve con we back up a minute? SUPERVISOR BORGOS-Sure. COUNCILMAN MONAHAN-I don't believe I asked Lee what the Planning Board's position was on the Dunham's Boy Fish and Game Club. MRS. YORK-They recommended approval. COUNCILMAN MONA HA N-Okay. They recommended denial for Newell and Raymond, right? MRS. YORK-Yes. AIR. FISHER-Thank you very much. SUPERVISOR BORGOS-Thank you again for your patience. PUBLIC HEARING CLOSED No action taken. PUBLIC HEARING - EXTENSION OF QUEENSBURY CONSOLIDATED WATER DISTRICT BEDFORD CLOSE SECTION 6 9:35 P.M. NOTICE SHOWN EARL ELLSWORTH-My name is Earl Ellsworth and I represent the Star Burst Corporation and a developer for Northern Homes. I'm hear to answer any questions that the Board might hove or the public. I'm not totally informed as to why this was necessary that we be required to hove this procedure. But I'm here to help out. SUPERVISOR BORGOS-Maybe our Town Attorney can tell us very briefly. Tell us briefly why this was required. ATTORNEY DUSEK-Sure. This is a, basically what we have is the Queensbury Consolidated -" Water District which was near a development of Bedford Close, or a further development of Bedford Close subdivision. The development that they want to expand was not in the water district. So therefore the applicant under our rules and regulations required you to apply for on extension of a district into that so that you could be part of the water district. The law says that when ever the Town Board creates a water district, establishes a water district or on-e-xtension, must have us a proceedings a public hearing so that any persons that are interested in that water district either for or against it or wish to make comments for the Board's consideration, will be heard. SUPERVISOR BORGOS-Thank you very much. That summarized that. Anyone who wishes f�ll/ to speak for or against this proposal? Anybody on the Board? COUNCILMAN MONTESI-Only as a member of the, as Chairman of the Water Committee, it makes an awful lot of sense to take this triangle of thirty or forty acres, that some how was gone around in terms of the consolidated water district, it sits right in the middle of the district and bring it into the district and provide Town Water to this neighbor. PUBLIC HEARING CLOSED 9:40 P.M. SUPERVISOR BORGOS-Asked Town Attorney if there was a resolution to go with this proposal. ATTORNEY DUSEK-Plan to have resolution prepared for the Board Meeting of June 22nd. COUNCILMAN MONTESI-Questioned Town Attorney if there has been u determination of cost and who will be responsible of the cost. ATTORNEY DUSEK-That is something that is being worked on at this time. There was u question by the applicant as to whether or not they would have to pay of some sort. COUNCILMAN MONTESI-Noted that most arguments that Subdividers present all pipes etc. are paid for by the developer and as such is an improvement to the Town, we have acknowledged that point but there is u capital cost for the water treatment plant has incurred and you and i as Taxpayers have paid for we have always hod some formula for the use of that plant. As Chairman of the Water Commission that is something that we will be asking for. EARL ELLSWORTH-Questioned the number of lobs involved here? SUPERVISOR BORGOS-1 think that there ore about twelve. EARL ELLSWORTH-1 was informed that this water district goes 150 feet down West Mt. Road and 150 feet down the Corinth Road all 1 usk is to give me an opportunity to review to the Board how many lots we ore talking. SUPERVISOR BORGOS-We will not take any action on this tonight, but before the next meeting thot will be settled. EARL ELLSWORTH-Noted that when the property wus purchased it was assumed that it was in the Wuter District. because on all four sides there is a water dist. COUNCILMAN M ON TESI-R eviewed the history of the Consolidated Water Dist. MIKE O'CONNOR-1 do have an opplicution pending before the Board we hove got an agreement, o second water agreement, u second water extension that we signed for it, I said from the very beginning that it is not a workable agreement, and it is going to create nothing but head aches since then I hove inherited another one and 1 think put in a grievance, on assessment which was totally off the wall us fur as ...agreements because the people gave the Town a second mortgage for this lump sum when we closed on it and bought the subdivision, our Client bought the subdivision we paid off the second mortgage but now it is still coming out on the tax bill we cannot get anyone to recognize the fact that we paid the lump sum all in one mortgage. When you put these lump sums out you are creating a little bit of a nightmare. In this instances if you hove twelve lots at an acre u piece you hove twelve acres of vacant land which if it was In the original water dist. fifteen years how much would it have generated? How much tux, how much assessment was that land assessed ut, at that point, you ore talking nickels and dimes and you ore talking about an administrative headache that is going to drive you nuts and going to drive the developers nuts. There should be u formula, and 1 think it should be u formula that would follow the to be created ussessment not try to get the developer to go bock in history and figure what was fair or not fuir. If they build houses and they turn up with ussessment of $100,000 dollars figure out that they will pay X dollars per thousand for capital for water dist. When the property is developed let the lots bring forth the taxation thut would be their fair share. That is on easier formula to work up. COUNCILMAN MONTESI-Noted that Paul Dusek has been working on q formula that is fair and easier to administer. MIKE O'CONNOR-My suggestion is to come up with a figure and make it a charge an advelorum charge against that particular subdivision which would be paid off from future taxes us improvements are installed. OPEN FORUM 9:55 P.M. COUNCILMAN MONAHAN-Requested Mrs. York speak to the Board in regard to the Glen L oke Fen. LEE YORK-Mr. O'Connor, representing the Glen Lake Assoc. has requested that the Board use the DEC map indicating GF15 and GF18 they would liked that declared a critical environment area and adjacent areas hitherto... SUPERVISOR BORGOS-For the record, are you u member of the Glen Lake Association.? LEE YORK-Yes. Anyone within the 250' who wishes to do any development or construction of any kind in that urea would have to do a long environmental assessment form... AIR. O'CONNOR-Any action, anything that is determined on action under SEQRA would require you to file the long form affidavit. COUNCILMAN MONTESI-Would agree to bring this forth to a public hearing. This can be burdensome in regards to the long form ossessment to the residents of the lake but I feel the long term effect on the Lake would be positive. Questioned Town Attorney whether or not w u formal resolution is needed to set a public hearing for this request. ATTORNEY DUSEK-My recommendation would be yes. Would have one prepared for next Board meeting on the 22nd of June. COUNCILMAN MONA HA N-Requested from Mrs. York a more in depth map, showing the streets of Glen Luke. MRS. YORK-Noted that the mop that is being used was requested by the Association, and it is the mop that is used by DEC, the official wetlands mop of the State of New York. I will attempt to super impose it. MR. O'CONNOR-Perhaps some of the maps that ore port of the Muster Plan could be used for display purposes. MRS. YORK-1 will do that for the Board. COUNCILMAN MONAHAN-We need to know who will be impacted by this. MR. O'CONNOR-Residents on Ash Drive, Conteberry Woods, along St. Mary's Buy, and the inlet coming out of Glen Lake Fen. ATTORNEY DUSEK-Would like to request from Lee the maps that are to be used so that I may use them to set u formal resolution. SUPERVISOR BORGOS-Requested that Mr. O'Connor make a list for the items that he wishes to hove changed in the Town regulations... DR. GEORGE WISIVALL, 68 Glenwood Avenue-Noted that he paid his bill of sewer assessment at $290.00 per acre of his 23 acres of open land, amounting to nearly $6,000.00, in protest. Would regret selling it, having it torn up by a developer. Thought the Town of Queensbury was trying to keep open space, not deter people into selling off their property because they can't afford such payments. SUPERVISOR BORGOS-The system is based on a court situation that was resolved by saying that we had to follow what the recommendation was of the engineer of the time of the engineering report bock in the mid 1980's which was 113 land, 113 water consumption, and 113 assessed evaluation. DR. WISWALL-Questioned what will happen with the people who have their property land locked? SUPERVISOR BORGOS-These ore complicated situations that ore being looked into, the legal possibilities that we hope to have resolved by September or October. DR. WISWA L L-A ddressed the speed limit problem existing on Glenwood Avenue. SUPERVISOR BORGOS-That will be resolved later in the meeting with a resolution that will be sent on to the County DPW with a request to lower the speed limit. DAVE MAINE, 24 Hidden Hills Drive, Q ueensb ury-Concerned with what was noted in the Town's Muster Plan of the possibility of an exit being put in off Sherman Avenue for the Northway. Concerned with the traffic pattern being changed drastically in a residential urea. SUPERVISOR BORGOS-Noted that it is a State Highway and the Town would have very little contr6on the matter. AIRS. YORK-Noted that this recommendation in the Moster Plan was put in there because there is on over all need in the community for on entrance or exit to the Northwuy because the present ones are very congested. Noted that when the Northwuy was put through the State kept land in the Sherman Road area to put an off rump or on rump in, should the need arise. The group that developed the Master Plun, the Advisory Committee, felt that it should be mentioned because they felt we were having traffic problems and thut mclype this would help to olleviute them. This by no means that there will be on entrance or exit ramp there in the very near future or possibly ever. 1 feel it is extremely doubtful that it will ever happen. MR. MAINE-But aren't you encouraging the State by putting this in the Muster Plan. COUNCILMAN POTENZA-The State will do what they wont to do. I think the intention with the Master plan was to acknowledge the possibility of on exit or entrance on the Northway. MR. MAINE-I just wont you to be aware of our concerns. MRS. YORK-Noted that there hove been mony culls from people sharing those some concerns. PLINEY TUCKER-Questioned if there were any kind of decisions made with the Trooper Barracks. SUPERVISOR BORGOS-Noted that bids were received and will be closely looked over because of the drastic difference in dollar amounts. We ore concerned and want to make sure that we receive up front of/ thut we went out to bid for. MR. TUCKER-The original agreement was for $200,000. What if it comes in over that? Will you have to go through the bidding process all over again? SUPERVISOR BORGOS-This is something our Attorney will need to research so that we may see what legally our options will be. AiRS. YORK-Announced to the Town Board that the National Church Residence's Group hove found u possible location in the Town of Queensbury for low income senior housing. Would like to publicully thunk Mrs. Monahan and Mrs. Potenza for their efforts in helping to support this. Noted that it has taken some time trying to find a site and they'll be applying for HUD funding. There has been a request for u letter of support from the Town Board. SUPERVISOR BORGOS-Noted that there ore many other private developers anxious to put in senior housing, Betty has been working with those and I have been working with some. COUNCILMAN MONA HA N-Would like to note that Jerry Solomon has been very helpful and supportive in this particular case. AIRS. YORK-Noted that the Advisory Committee has been meeting on the PUD ordinance and a big concern thut they hove is affordable housing. I received a phone call from Joe Curusone today and he wanted me to request a joint meeting with the Town Board to investigute ways to occommodute ufforduble housing in the Town. SUPERVISOR BORGOS-Mrs. Monahan has been doing some work and we are looking at conceptually four to six or seven hundred units of ufforduble using. COUNCIL.MAN MONAHAN-I think that they ore looking for some mechanisms through zoning so that there are places for these. COUNCILMAN MONTESI-Concerned with the impact of these four to seven hundred affordable housiiT units, that the Town would have to rezone down and the impact on our schools would be horrendous. Its been our policy to maintain open spuce and maintain u quality of life. I feel that offordoble housing would drastically change that. COUNCILMAN MONAHAN--I feel it is our social responsibility to have a community open to all income levels. Noted the difference between low income housing and affordable housing. All?. 7 UCKE_-R--Would like this mode ovailoble in all the wards, not just word 4. COUNCILMAN MONTESI-1 think Lee that you should get a feeling on whether we wont to have affordable housing in the Community and whut form is it going to take, government to be involved or private developers. It should be considered where ore we going to put these and do we hove rezone to do it. There ore u multitude of questions that have to be asked. 3c�9 MRS. YORK-That is the reason for their request to hold a panel discussion, so that these questions can be addressed, noting that our PUD ordinance says that you have to, in the residential units, address a// economical levels. SUPERVISOR BORGOS-Agreed to hold a discussion but my feelings are not to rush into Town involvement in another entity when we have private people out there willing to do the some thing. COUNCILMAN POTENZA-I agree with Steve, I have no problem discussing this in u panel discussion, but I personally feel that Government should not be involved in this but rather the private sector. AIRS. YORK-1 will relay that information to Mr. Corusone. Presented to the Board job descriptions for all members that I'd like in my department for your review and consideration. SIIPFRVI.SOR BORGOS--You have two and you ore looking for one more? AIRS. YORK-Yes, on assistant plunner. Discussion held and Town Board agreed to advertise for on Assistant Planner. SUPERVISOR BORGOS-Noted that I received a letter from our Lake George Advisory Committee recommending that the Town adopt the same policy as the Luke George Park Commission. Will present copies of the letter to the Board members. Would like to note that the Town Board is aware of the problem regarding the gypsy moth caterpillars, we ore in contact with DEC and others looking for o solution. Remind everyone of the softball game between the Town of Queensbury and the Town of Wilton on June 24th, to benefit the Association for the Blind. RESOL UTIONS RESOL UTION TO APPROVE MINUTES RESOLUTION NO. 318_, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Mon tesi. RESOL VED, that the Town Board of the Town of Queensbury minutes of May 9th, May 25th, -- and June 5th of 1989 are hereby approved. Duly odopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosuka RESOLUTION AUTHORIZING PAYMENT TO ENVIRONMENTAL DESIGN PARTNERSHIP IN CONNECTION WITH WEST MOUNTAIN VILLAGES SEQRA REVIEW _RESOLUTION NO. 319, Introduced by Marilyn Potenza who moved for its adoption, seconded by L;etty Monahan. W[IERF_'A.S, by resolution no. 365 of 1987, the Town Board of the Town of Queensbury engaged the services of the firm of the Environmental Design Partnership for the purposes of SEQRA review of the documents submitted on behalf of the West Mountain Resort, and b1111EREAS, by resolution no. 150 of 1988, the Town Board of the Town of Queensbury increased the amount to be paid to the Environmental Design Partnership by $10,000.00, and W111-REA.S, os a result of the project's complexities, a greater amount of time is required to review the documents anticipated to be submitted to the Town Board of the Town of Queensbury os lend ogency for the project, and IVIIFREAS, Environmental Design Partnership has requested that the amount of money authorized to he paid to such firm be further increased, and WIIEREAS, West Mountain Resort has been notified of the increased cost anticipated for professional review and has submitted a letter indicating agreement to pay an amount up to $26,000.00 for said review, NOW, THERETORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves of o further increase in the amount to be puid to Environmental Design Partnership for its review of the West Mountain Villages Planned Unit Development, such increase to be in the amount of $6,000.00 and therefore, the Town Board of the Town of Queensbury hereby authorizes payments to Environmental Design Partnership in amounts not to exceed $26,000.00 for its complete review of the West Mountain Villages Project. Duly adopted this 13th day of June, 7989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION APPROVING MUNICIPAL ROAD MAINTENANCE AGREEMENT RESOLUTION NO. 320, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzu. WHEREAS, the Town Board of the Town of Queensbury previously accepted the dedication of certain roads located in a subdivision known us Edgewater Place, said roads being more specifically identified us the northerly portion of Edgewater Place and the westerly portion of Feeder Canal Court, both roads located in the Town of Queensbury, and WHEREAS, portions of the said Edgewater Place and Feeder Canal Court are located in the City of Glens Fulls us well us the Town of Queensbury, and WHEREAS, the Town of Queensbury is desirous of entering into a Municipal Rood Maintenance Agreement with the City of Glens Fulls, whereby the City shall be responsible for the maintenance of oil portions of the roadways of Edgewater Place and Feeder Canal Court, including those portions si tuuted within the Town of Queensbury, and WHEREAS, a proposed Municipal Rood Maintenance Agreement dated the 23rd duy of May, 1989, has been presented to the Town Board of the Town of Queensbury at this meeting, and WHEREAS, the said Municipal Rood Maintenance Agreement is a municipal agreement authorized by low, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves the Municipal Rood Muintenance Agreement presented at this meeting, and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute said agreement and place the seal of the Town of Queensbury on said agreement, and BE IT FURTHER RF_SOL VED, that a copy of said agreement shull be maintuined in the Office of the Town Clerk of the Town of Queensbury and a copy of suid agreement shall also be placed in the Office of the Highway Superintendent for the Town of Queensbury. Duly adopted this 13th duy of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monohon, Mr. Borgos Noes: None Absent: Mr. Kurosoku RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO SANITARY �. SEWAGE DISPOSAL ORDINANCE REGARDING HOLDING TANKS RESOLUTION NO. 32 1, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. 111HF_REAS, the Town Board of the Town of Queensbury desires to amend, supplement, change, and/or modify the Town of Queensbury Sanitary Sewage Disposal Ordinance which was adopted on May 17, 7982, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant 3�1 to Section 130 of the Town Low of the State of New York, amend, supplement, change, or modify or repeal the Sanitary Sewage Disposal Ordinance, by Ordinance, and WHEREAS, in order to so amend, supplement, change, modify, or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE BE IT RESOLVED, that pursuant to Section 130 of the Town Low of the State of New York, the Town Board of the Town of Queensbury shall hold u public hearing on and in reference to a proposed amendment, supplement, change and/or modification to the Town of Queensbury Sanitary Sewage Disposal Ordinance to provide in Section 2.020 Definitions, the definition of "holding tank" and in Article Ill - Standards, the standards for holding tanks us more specifically and fully set forth in the proposed amendments presented to this meeting and to be annexed to this resolution in the minutes of this meeting, and BE IT FURTHER RESOL VED, that the-said public hearing be held on the 11th day of July, 1989 at 7:30 p.m., at the Queensbury Activities Center, Boy at Huvilund Rood, in the Town of Queensbury, Warren County, New York, and that which time all parties in interest and citizens shall have on opportunity to be heard in person or by agent, and BE IT FURTHER RESOL VED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice. Duly adopted this 13th duy of June, 1989, by the following vote: A yes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Burgos Noes: None Absent: Mr. Kurosuko Description found in Schedule A, attached. RESOL UT ION AMENDING RESOL UTION ACCEPTING DEDICATION OF PORTIONS OF LDGEWATER PLACE AND FEEDER CANAL COURT RESOLUTION NO. 322, Introduced by Marilyn Potenza who moved for its udoption, seconded by Ronuld Montesi. WHEREAS, by Resolution No. 261, doted May 9, 1989, the Town Board of the Town of Queensbury accepted, for dedication, the following roads: the northerly portion of Edgewater Place and the westerly portion of Feeder Canal Court, and WHEREAS, the Town Attorney for the Town of Queensbury advises that the lengths of the roads were incorrectly stated, NOW, THEREFORE BE IT RESOL VED, that Resolution No. 261, adopted the 9th day of May, 1989, is hereby amended to state that the roods added to the official inventory of Town Highways be described as follows: Road Number: 461 — Description: A rood proceeding in a westerly direction from Huvilund Avenue Name: (Northerly Portion of) Edgewater Place Feet: 250 Ft. Rood Number: 462 Description: A rood proceeding in u westerly direction and thence southerly from Feeder Canal Court Name: (Westerly Portion of) Feeder Cunal Court Feet: 675 Ft. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku i RESOLUTION REGARDING PROPOSED COMPREHENSIVE LAND USE PLAN _RESOLUTION NO. 323, Introduced by Betty Monahan who moved for its adoption, seconded by Alorilyn Potrnza. WHEREAS, the Town Board of the Town of Queensbury has been presented with a proposed Comprehensive Land Use Plan for the Town of Queensbury, as developed by Frederick J. Holman Associates and the Warren County Planning Deportment, Town of Queensbury, Department of Planning, in conjunction with the Queensbury Advisory Committee and Environmental Sub-Committee, and WHEREAS, the Town Board desires that the said Land Use Plan be carefully reviewed and a public hearing be held prior to the adoption of said plan, and WHEREAS, Section 272(a) of the Town Law of the State of New York vests with the Planning Board of the Town of Queensbury the power to hold such public hearings and adopt said muster plan upon compliance with a review pursuant to the State Environmental Quality Review Act, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby refers the proposed Comprehensive Land Use Plan to the Planning Board of the Town of Queensbury and requests that the Plunning Board hold a public hearing concerning the proposed Lund Use Plan as soon as possible, but it no event less than 10 days from the dote suid notice is published and posted. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 324, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, it is desirous to purchase 2 Xerox Memorywriters for the Town Court and 1 Memorywriter for the Building and Codes Department as a replacement for the Memorywriter given to the Queensbury Center, and WHEREAS, sufficient funds do not exist to purchase the Memorywriters, NOW, THEREFORE BE IT RESOL_ VED, to transfer funds in the following manner: $2,200 to A 1451627201 Queensbury Center Office Equipment 4,300 to A035 1 1 1020 1 Court Office Equipment FROM A2351990440 Contingent Account Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None I� Absent: Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 325, Introduced by Marilyn Potenzu who moved for its adoption, seconded by Betty Alonuhan. WHEREAS, it is necessary to purchase maintenance contracts for the two Xerox Memorywriters being used in the Town Court, and WHEREAS. sufficient funds do not exist in the proper account to purchase said contracts, NOW, THEREFORE BE IT VED, to transfer $564 from A03 5 1 1 10409 (Conference Expenses) to A035 1 1 10406 (Service Contracts & Warrantees). Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuka RESOLUTION TO TRANSFER R_ESOL UTION NO. 326, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. Wll1`1ZEAS, it is desirous to purchase a service contract for the Data General accaunting sVstern hardware support, and WHEREAS, sufficient funds do not exist in the Service Contracts and Warrantees account, 7 and ,1 WHEREAS, funds are currently available from the Cleaning Supplies account, NOW, THEREFORE BE IT RESOL VED, that $1,998.20 be transferred from A 1451627402 (Cleaning Supplies) to A 1451622406 1 Service Contracts and Warrantees). Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaku RESOLUTION TO SET PUBLIC HEARING TO CONSIDER AMENDMENT TO CERTIFICATE OF INCORPORATION OF QUEENSBURY CENTRAL VOLUNTEER FIRE CO., INC. _R_ESOL UTION NO. 327, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. 111HEREAS, the Town of Queensbury presently has a contract with the Queensbury Central Volunteer Fire Company, Inc. wherein the said Fire Company has agreed to provide fire protection services for a certain area of the fire protection district located within the Town of Queensbury, and WHEREAS, the Queensbury Central Volunteer Fire Company, Inc. is presently desirous of amending its certificate of incorporation to include paragraphs 8, 9, and 10, which pertain to the distribution of assets upon dissolution of the corporation, as required by the Internal Revenue Service, and WHEREAS, the said Fire Company has requested the Town Board of the Town of Queensbury to hold a public hearing to review said amendments pertaining to dissolution and udopt a resolution following said public hearing indicating that the Town of Queensbury approves of said amendment to the Certificate of Incorporation in order to be in compliance with the requirements of the Internal Revenue Service in regard to the disposition of the Corporation's assets upon its dissolution, NQW, THEREFORE BE IT RESOL VED, that the Town Board of the 'Town of Queensbury hereby authorizes u public hearing to be held on July 11, 1989, at 7:30 P.M. in the Town of Queensbury Activities Center, Buy at Haviland Road, Queensbury, Warren County, New York for the previously stated purposes and hereby directs and authorizes the Town Clerk of the Town of Queensbury to publish a Notice of Public Hearing us soon as possible in the official newspaper for the Town of Queensbury, said notice to be in the form presented at this meeting. Duly adopted this 13th day of June, 1989, by the following vote: --� Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoku COUNCILMAN MONAHAN-Referred to the Certificate of Amendment, page 2, 10B. Questioned the Town Attorney whether that would preclude the Town from using the Fire House for neighborhood meetings and such. ATTORNEY DUSEK-I do not believe that for Town Government purposes and informational type things, that would happen, but I would like to research that further and hove a precise answer for you by the public hearing. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 328, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, additional costs were incurred for window cludding due to color change and costs for temporary heut and delays for the addition and alterations to the Queensbury Town Hull and Queensbury Center, and WHEREAS, sufficient funds do not exist in the appropriate account, ` NOW, THEREFORE BE IT RESOL VED, to transfer $30,000 from A2351970440 (Unallocated Insurance) to H3 7 145 1620300 (Capital Construction - Town Office Building and Queensbury Center). Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO CONDUCT SCHOLARSHIP RUN RESOLUTION NO. 329, Introduced by Marilyn Potenza who moved for its adoption, seconded bj DES by Ronald Montesi. 3S(•14�C'P WHEREAS, the Adirondack Community College and Hilund Park have requested permission to conduct u scholarship run as follows: SPONSORS: Adirondack Community College and Hilund Park EVENT: Scholarship Run (five miles) DA TE: June 24, 1989 PLACE: Hilund Park - right on Huvilond Road, right onto St. Andrews Circle, left on Havilund Rood, left on Meadowbrook Rood, right on Cronin Rood, right on Buy Rood, ending at Adirondack Community College, NOW, THEREFORE_ BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby gives permission, to hold a Scholarship Run (five miles) in the Town of Queensbury, as it has received proof of insurance and u hold harmless agreement, from the Adirondack Community College and Hiland Pork, and BE IT FURTHER RESOL VED, that the Town Clerk be directed to notify the Warren County Sheriffs Deportment of such on event. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Borgos RESOL UTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 330, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is of the opinion that u speed limit of 35 miles per hour should be established for Glenwood Avenue between Quaker Road and Bay Rood as other portions of Glenwood Avenue hove a speed limit of 35 mph, NOW, THEREFORE BE IT RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State of New York, that the Town Clerk of the Town of Queensbury is authorized and directed to send the proper form to the Deportment of Transportation through the Warren County D.P.W. requesting that the speed limit be lowered for Glenwood Avenue between Quaker Rood and Bay Rood. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoku RESOLUTION TO REJECT BID -BUILDING TO HOUSE EMERGENCY GENERATOR AT WATER TREATMENT PLANT FACILITY RESOLUTION NO. 331, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, resolution no. 150, doted Murch 7, 1989, previously authorized the advertising for bids for the construction of a building to house on emergency generator ut the Water Treatment Plant Facility, and WHEREAS, the Town Board of the Town of Queensbury has evaluated the bids, the bid documents, and the opinion of Thomas K. Flaherty, Water Superintendent, NOW, THEREFORE BE iT RESOL VED, that the Town Board of the Town of Queensbury hereby rejects all bids upon the grounds that the Town Board reserved the right to reject bids and desires to reevaluate the specifications, consider additional building components, consider additional specifications and options, and study cost options. -Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF PROPOSED 16' QUAKER ROAD TRANSMISSION MAIN RESOLUTION NO. 332, introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is presently considering the approval and outhorizotion of on improvement of the facilities of the Queensbury Consolidated Water District consisting of the replacing of approximately 10,000 feet of existing 12" water transmission main with a new 16" transmission main located along Quaker Road in the Town of Queensbury and funding the some, and WHEREAS, the proposed action is an unlisted action under the rules and regulations adopted 1 by the Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, and WHEREAS, the Town Board of the Town of Queensbury may act as lead agent for review of potential environmental impacts in occordonce with the State Environmental Quality Review A c t, NOW, THEREFORE BE IT RESOL VED, that after review of the map, plan and report for the proposed improvement to the Queensbury Consolidated Water District consisting of the installments of a 16" water transmission main to replace a presently existing 12" main and the Environmental Assessment Form prepared in connection with this action for possible environmental impacts and after reviewing, in particular, Section 617. 11 of the Rules and Regulations of the Department of Environmental Conservation, the Town Board of the Town of Queensbury hereby determines that the environmental effects of the proposed improvement to the Queensbury Consolidated Water District will not be significant, and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury hereby adopts the annexed notice of determination of non-significance and hereby authorizes and directs the Town Supervisor to sign, execute, and place the seol of the Town of Queensbury upon the same, and BE IT FURTHER RESOL VED, that copies of this resolution and notice of determination sholl be filed with the Town Clerk of the Town of Queensbury. Duly adopted this 13th day of June, 1989, by the following vote. Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuko RESOLUTION MAKING DETERMINATION RELATED TO PROPOSED INCREASE AND IMPROVEMENT OF FACILITIES FOR THE CONSOLIDATED WATER DISTRICT OF THE TOWN OF QUEENSBURY RESOLUTION NO. 333, Introduced by Marilyn Potenzu who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has duly caused to be prepared, a map, plan and estimate of cost for the increase and improvement of the facilities of the Consolidated Water District of the Town of Queensbury consisting of the replacing of approximately 10,000 feet of existing 12" water transmission main with a r7(-.w 16" transmission main located along Quaker Road from u point at or near the intersection of Quaker Road and Lafayette Street to a point east of Albany Systems in the general vicinity of the former Ciba-Geigy Production Plant, all at u maximum estimated cost of $1.5 million .�.: dollars, the some also being more fully described in u mop, plan and report drafted by Kestner Engineers, P.C., and on file with the Town Clerk of the Town of Queensbury, and W11ERF_AS, said Town Board duly adopted a resolution on April 11, 1989, calling a public hearing to consider said proposed increase and improvement and estimate of expense, to be held at the Queensbury Activities Center, Buy at Havilund Road, Queensbury, New York, on the 24th day of April, 1989, at 7:45 p.m., and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to said Town Board, and WHEREAS, said public hearing was duly held at the time and pluce uforesoid at which all persons interested were duly heard, and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing, and WHEREAS, the said Town Board has reviewed the proposed action under the State Environmental Quality Review Act and has found that the water district improvement will not have a significant environment impact, NOW, THEREFORE BE IT RESOL VED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: SECTION 1. Bused upon the evidence given ut the aforesaid public hearing, it is hereby found and determined to be in the public interest to provide for the aforesaid increase and improvement of the facilities of the Consolidated Water District of the Town of Queensbury, Warren County, New York, as described in the preambles hereof, at an estimated cost of $1.5 million dollars and the some is hereby authorized, subject to the provisions of Section 2 hereof. SECTION 2. Definite plans, specificutions, and a cureful estimate of the expense of the aforesaid improvement are hereby directed to be prepared and the Town Attorney is hereby directed to assist in the preparation of the proposed contruct and to submit the same to this Town Board for examination and approval. SECTION 3. This resolution shall take effect immediately. Duly adopted this 13th day, June, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monuhun, Mr. Borgos Noes: None A,h.sent: fir. Kurosc�lro RESOLUTION AUTHORIZING THE ISSUANCE OF $1.5 MILLION SERIAL BONDS OF SAID TOWN OF QUEENSBURY TO FINANCE THE COST OF AN IMPROVEMENT CONSISTING OF THE REPLACING OF APPROXIMATELY 10,000 FEET OF EXISTING 12" WATER TRANSMISSION MAIN WiTH A NEW 16" TRANSMISSION MAIN LOCATED ALONG QUAKER ROAD IN THE CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY _RESOLUTION NO. 334, Introduced by Ronald Mon tesi who moved for its adoption, seconded by Marilyn Potenzo. VVIIERF_AS, pursuant to the provisions of section 202-b of the Town Law of the State of New York Grid more particularly o final resolution of the Town Board of the Town of Queensbury duly adopted the 13th duy of June, 1989, it has been determined to be in the public interest to acquire and construct a proposed improvement to the Consolidated Water District of the Town of Queensbury consisting of replacing approximately 10,000 feet of existing 12" water tr•c:nsniission main with a new 16" transmission main located along Quaker Road in the Town of Queensbury, the said project being more fully described in u map, plan Grid report on file with the Town Clerk of the Town of Queensbury, and h1lIEREAS, it is now desired to authorize payment of said repair and the financing thereof, and WH1_=REAS, the action for which this funding is proposed has been reviewed by the said Town Board pursuant to the mandates of the State Environmental Quality Review Act Grid the said Town Board had determined the action to be on unlisted action and has issued a negative declaration with regard to potentiul environmental impacts, NOW, THEREFORE BE IT RISOLVE.D, by the Town Board of the Town of Queensbury, as follows: SECTION 1. The specific object or purpose to be financed pursuunt to this resolution is the cost of un improvement to the Consolidated Water District of the Town of Queensbury consisting of replacing approximately 10,000 feet of existing 12" water transmission main with a new 16" transmission main located along Quaker Road in the Town of Queensbury, us the some is more fully described in a mup, plan and report of file with the Town Clerk of the Town of Queensbury. SECTION 2. The cost of such specific object or purpose is $1.5 million and the plan for the financing thereof is issuance of $1.5 million serial bonds hereby authorized to be issued pursuant to the Local Finance Low. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11. of the Local Fionce Low. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. it is hereby determined that pursuant to -§35.00(b) of the Local Finance Low that this bond resolution is not subject to permissive referendum. SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the some respectively become due and payable. There shall be unnuully apportioned and assessed upon the several lots and parcels of land within said Consolidated Water District of the Town of Queensbury which the Town Board shall determine and specify to be especially benefited by the improvement, on oinount sufficient to pay the principal and interest on said bonds as the some become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad volorem tuxes without limitation us to rate or amount sufficient to Puy the principal of and interest on said bonds us the some shall become due. SECTION 5. Subject to the provisions of the Local Finance Low, the power to authorize the issuance of and to sell bond unticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, us may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. The validity of such bonds or notes or any bond anticipation notes Issued in anticipation of the sule of such bonds may be contested only if: 1) Such obligations ore authorized for any object or purpose for which the Town of Queensbury is not authorized to expend money, or 2) The provisions of law which should be complied with at the dote of the publication of such resolution or summary thereof, or certificate, as the case may be, are not substantially complied with and on action, suit or proceeding contesting such validity, is commenced within twenty (20) days of ter the date of publication, or 3) Such obligations ore authorized in violation of the provisions of the constitution. SECTION 7. This resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury in accordance with the notice presented at this meeting. SECTION 8. This resolution is not subject to permissive referendum. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monuhun, Mr. Borgos Noes: None Absent: Mr. Kurosako RESOLUTION TO AMEND ENGINEERING SERVICES REGARDING QUAKER ROAD TRANSMISSIOK MAIN RESOLUTION NO. 335, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury has previously entered into an engineering services agreement with Kestner Engineers P.C. concerning the proposed replacing of a 12" transmission main with a 16" water trunsmission main, and WHEREAS, Quentin Kestner has requested that the engineering service agreement be amended to include a contracting with Empire Soils Investigations, Inc. of Latham to obtain soil borings upproximutely every three hundred feet along the route of the proposed transmission main, and WHEREAS, the estimated cost of the proposed services would be $6,250.00, and WHEREAS, Quentin Kestner of Kestner Engineers has advised that these services will not increase the original total design cost, they will use monies originally budgeted for easements and right of ways, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the said amendment to the engineering services. Dulyadopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku COMMUNICA TIONS Letter of Request from Hiland Park to hold a fireworks display - on file. RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 336, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Mon tesi. WHEREAS, Hiland Pork, us part of its Grand Opening Celebration, has requested permission to conduct a fireworks display us follows: SPONSOR: Hiland Park PLACE: Hiland Park, 73 Havilund Rood, Queensbury, New York 12804 -- DA TE: June 24, 1989 TIME: 9:30 p.m., NOW, THEREFORE BE IT RE.SOL VED, that the Town Clerk, in accordance with the Penal Law of the State of New York, ¢405, is hereby authorized to issue a permit to the aforesaid sponsor subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display, 2. The date and time of day at which the display is to be held, 3. The exact locution planned for the display, 4. The age, experience and physical characteristics of the persons who ore to do the actual discharging of the fireworks, 5. The number and kind of fireworks to be discharged, 6. The manner and place of storage of such fireworks prior to the display, 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the locution of ull buildings, highways and other lines of communication, the lines behind which the audience will be restrained and the locution of all nearby trees, telegraph or telephone lines or other overhead obstruction: B. Proof of Insurance be received which demonstrates insurance coverage through on insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain u hold harmless clause which shall protect the Town of Queensbury; « C. Inspections and upproval must be mode by the Queensbury.Fire Marshall and the Chief of Buy Ridge Volunteer Fire Co., Inc.; D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE iT FURTHER RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Low of the State of New York, §405, provides: the actual point ut which the fireworks ore to be fired shall be at least two hundred feet from the nearest permanent building, public highway or ruilroad or other means of truvel and ut least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines of least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display Shull be ullowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air us nearby (nearly) as possible in a vertical direction, unless such fireworks ore to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflugrotion will full into such luke or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way sure for the particular type of fireworks remaining, that no fireworks display shall be held during uny wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soduacid or other approved type fire extinguishers of at least two and one-hulf gallons capacity each shall be kept ut us widely sepuroted points as possible within the actual area of the display. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monuhun, Mr. Borgos Noes: None Absent: Mr. Kurosuku SUPERVISOR B OR G OS-Passed with the usual stipulations, and there be u hold harmless clause on the certificate of insurance naming the Town of Queensbury. REPORTS Town Clerk Monthly report - on file Building & Codes Monthly report - on file RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 337, Introduced by Marilyn Potenzu who moved for its adoption, seconded by Ronuld Montesi. RESOLVED, that the Audit of Bills shown on the June Abstract, 1989, numbered 971-1622 and totaling $664,017.42 be and hereby is approved. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO ENTER INTO EXECUTIVE SESSION RESOLUTION NO. 338, Introduced by Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town or Queensbury hereby move into Executive Session to discuss litigation cases; Harris, Adirondack Construction, Yuffee and Howard Johnson. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monuhun, Mr. Borgos Noes: None Absent: Mr. Kurosuko RESOLUTION TO ENTER REGULAR SESSION RESOLUTION NO. 339, Introduced by Betty Monuhun who move for its adoption, seconded by Ronald Montesi. RESOL VED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session and enter into Regular Session of the Town Board. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 340, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzu. WHEREAS, a certain Article 7 Real Property Tux Assessment Review Case has been commenced uguinst the Town of Queensbury, and WHEREAS, the Town Board hus reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having recommended settlement to the Town Board, NOW, THEREFORE BE IT L� RESOLVED, that the following case be settled with respect to the 1987 & 1988 assessment rolls us indicated and us follows: 98-1-2 Warren & Washington Counties Industrial Development Agency, by its Lessee, Highway Hosts, Inc. (Howard Johnson Motor Inn and Blucksmith Shop) - to be assessed at $4,000,000.00 (1987 and 1988). Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION AUTHORIZING PAYMENT TO ADIRONDACK CONSTRUCTION CORPORATION RESOL UTION NO. 341, Introduced by Marilyn Potenzu who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Adirondack Construction Corporation hus made claim to the Town of Queensbury for umounts owned for window cladding and temporary heat loss incurred during construction of the Town Office Building and Queensbury Activity Center, and WHEREAS, after review of suid claim with the Town Attorney and after consideration of the opinion of Patrick Tomoselli, Esq. on agreement has been reached concerning payment of suid claim, NOW, THEREFORE BE IT RESOL VED, that the claims of Adirondack Construction be settled for $40,000.00. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes; None Absent: Mr. Kurosuku _. RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 342, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Special Audit of Bill shown on obstruct June 13th, 1989, numbered 1623 and totaling $40,000.00 be and hereby is approved. Duly adopted this 13th day of June, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaku On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, MISS DARLEEN M. DOUGHER TOWN CLERK j