1989-11-20 SP2 424'
SPECIAL TOWN BOARD MEETING
NOVEMBER 20, 1989
7:34 p.m.
TOWN BOARD MEMEBERS PRESENT
Supervisor Stephen Borgos
Councilman George Kurosaka
Councilman Ronald Montesi
Councilman Betty Monahan
Town Attorney Paul Dusek
MEMBERS ABSENT
Councilman Marilyn Potenza
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 653, 1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
RESOLVED, that the Town Board hereby moves into the
Queensbury Board of Health.
Duly adopted this 20th day of November, 1989 by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent: Mrs . Potenza
QUEENSBURY BOARD OF HEALTH --_--
NOTICE SHOWN
PUBLIC HEARING OPENED
Supervisor Borgos-Introduced Mr. England
Mr. Frank England-My name is Frank England we bought some
property on Hillman Road which is on Harris Bay on Lake
George . At the present time we would like to upgrade the
septic system because our house in near the lake and we hope
to make it our permanent home . So I have asked to upgrade
the septic system.
Supervisor Borgos-The Board Members have the drawing in
front of you. Does anyone have any questions? Let me ask
you a couple of basic questions , if the system was to be put
someplace other than as proposed would it be a hardship for
you?
Mr. England-Yes it would, Sir.
Supervisor Borgos-Is there anyway for you to make this
system meet any requirements at all and still put it further
from the lake? —
Mr. England-No, it would not, because my lot is very short.
Supervisor Borgos-The lot is very small . It is probably
impossible to go across the road to someone elses property.
Mr. England-That is right, because the people that are
alongside of me they bought that piece of property behind +
there to use because they are building a much bigger house.
Supervisor Borgos-The variance you seek I believe is to put
it 100, from the shore instead. of 150' is that correct?
'/79
Mr. England-That is correct.
Supervisor Borgos-Is there anyone else that wishes to speak?
Councilman Monahan-Mr. England, are there any neighboring
wells that could be effected by this?
Mr. England-No, there are not.
Councilman Monahan-Do you have a well?
Mr. England-No, we get our water from the lake.
Supervisor Borgos-Is there anyone else here to speak for or
against or in anyway discuss this particular situation?
Hearing none, any board member any further questions of
comments? Closed 7: 36 P.M.
RESOLUTION APPROVING VARIANCE REQUESTS OF FRANK W. ENGLAND
AND KATHLEEN V. ENGLAND
RESOLUTION NO. 50, 1989, Introduced by Mrs . Betty Monahan
who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS, Frank W. England & Kathleen V. England 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 there be a 150 ' distance from the seepage pit
to Lake George, 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
November 20, 1989, and
WHEREAS, the Town Clerk advised 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 Frank W. England & Kathleen V.
England, allowing the 100 ' separation between the seepage
pit and Lake George and finds as follows :
a. that there are special circumstances or conditions which
justify allowing the 100 ' separation between the seepage pit
and Lake George, in that the lot size is too small to
accommodate the distance required,
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.
C . that the Local Board of Health finds that the granting
of the variances 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, 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 20th day of November, 1989, by the
following vote: j
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
480
Noes : None
Absent:Mrs .Potenza
Councilman Monahan-I would ask Mr. & Mrs . England that if
at anytime in the future they have to put in a new toilet
seat would they please put in the 1 .6 gal . type because that
would produce less pressure on the lake .
Mr. England-We intend to do that.
DISCUSSION HELD IN REGARD TO LONG JOHN SILVER RESTAURANT
Supervisor Borgos-We have information from Dave Hatin,
Director of Building and Codes in regard to Long John
Silvers, . . . (Memo on file) relative to overflowing seepage
pits . Asked for the representative of Long John Silvers to
come before the Board.
Mr. Harold Stott, Box 16 Mechanicville, New York, Position
with Sanders Rest. is Corporate Secretary. . .noted that he
had just received the communication from an employee of Long
John Silver. . .
Supervisor Borgos-I heard this afternoon that this
situation has occurred before where the effluent from the
septic system had run down the road. . .
Mr. Harold Stott-No . The only thing that has occurred
before is due to excess rain that has built up on the
picnic area out front.
Supervisor Borgos-Do you know if Mr. Tom McLaughlin received
a letter dated August 15?
Mr. Stott-No.
Supervisor Borgos-read the letter of Aug. 15 from David
Hatin to Tom McLaughlin, Dist. Manager of Long John
Silver. . . .referred to septic problems on the property at
Long John Silvers Rest.
Mr. Stott-Questioned if the letter should not have been
sent to an Officer of the Company not an Employee. . .
Supervisor Borgos-You had no knowledge of a problem before?
Mr. Stott-I have no knowledge of this letter.
Supervisor Borgos-You know you have had a problem, I believe
your Corporate Officials have been in touch with us
attempting to hook up to our new sewer system.. .
Councilman Montesi-Reviewed the proposal of hook up to the
sewer lines . . . . extend the line to Long John Silver and Pizza
Hut before the establishment of a sewer dist. if they would
bear the cost of it then we would reimburse them once the
sewer dist. was a reality. . . 20 to 30 thousand dollars, the
corporations at the time could not afford that big ad outlay
but the alternative is what we are faced with today. .
Mr. Stott-The number that was quoted was 42, 000 per store
it was never stated that we would be reimbursed, that was
the problem that we had we could not see why we had to pay
for the towns coming forward with the septic . . . .
Supervisor Borgos-Questioned the cost and number of times
pumped. . .
Mr. Stott-It is pumped three times a week at $105 . 00 each i
time .
Supervisor Borgos-Mr . Hatin has requested that this be
resolved in one of two ways . . . 1 . Long John Silvers be
required to install an alarm system in conformance with the
Sanitary Sewage Ord. which was recently adopted by the Town
Board 2 . If the Town Board feels that this may occur
again before this alarm system is installed that they order
Long John Silvers closed until the alarm system is
installed.
Councilman Monahan-Questioned if a member of the Building
and Codes Dept. had verified what was stated in the memo
dated 11-20-89. . .
Bill Bodenweiser-I live and am part owner of the Alpenhous
Motel , noted the material has been flowing for months . . .a
week ago Sunday it flowed into my garage, I called the State
and they opened the trench in front of my place and now the
material goes into the trench. . . if I do not get action from
you I will go to the State . . .one of the building inspectors
went and looked at this last Thursday• or Friday and then we
had this letter that had to be signed as a affidavit that
this condition existed. . .
Councilman Montesi-How long would it take to install an alarm
system?
Councilman Kurosaka-Noted it was not a job that would take a
long time. . . .
Supervisor Borgos-Asked if there was anyone present that
knew the approximate cost of alarm systems .
If we were to approve on a temporary measure the
Installation of an alarm system in compliance with our rules
and regulations as a temporary solution to this would you be
willing to do that?
Mr. William Viele-I reside at 9 Stephanie Lane, I also
operate a small construction firm in the area, we have
installed some of this systems along the lake frontage
areas. . .cost approximately $3, 000. 00. . .
Supervisor Borgos-If it were in the range of $3, 000 or
perhaps $5, 000 would you be willing to do this within the
next 48 hours?
Mr. Stott-Yes, if I can find someone that will do it in
that period of time I will do it.
Agreed to by the Board. . .
RESOLUTION REGARDING SEPTIC SYSTEM AT LONG JOHN SILVERS
RESOLUTION NO. 51, 1989,_ Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mr. Stephen Borgos:
WHEREAS, Mr. David A. Hatin, Director of Building and Code
Enforcement for the Town of Queenbury has reported to the
Town Board that his office has received a complaint from
Mary R. Bodenweiser stating that the septic pits at Long
John Silvers had overflowed and run down the sidewalk and
into the driveway of the Bodenweiser property and
WHEREAS, the Town Board of the Town of Queensbury acting as
the Local Board of Health held a Local Board of Health
meeting on the 20th day of November, 1989 at which time the
Local Board of Health heard from Mr. Harold Stott who is the
Secretary to the Corporation of Sanders Restaurant
Operations which in turns owns Long John Silvers, and
has also heard from Mr. William Bodenweiser the part owner
of the adjoining property known as the Alpenhaus Motel and
WHEREAS, the Town Board of the Town of Queensbury also heard
from a citizen in the community who is familiar with the i
installation of alarm systems that not only indicate the
level of sewage in a septic system but also provides for an
automatic shut off of incoming water, and
WHEREAS, after the Town Board of the Town of Queensbury has
reviewed all facts and circumstances it orders as follows:
1 . That the Sanders Restaurants owner of Long John
Silvers shall install an alarm system in conformance with
the sanitary sewage ordinance of the Town of Queensbury
which has features which provide for the indication of flow
levels in the sewage tank and also provides for the shut off
of all water in the event that the tank reaches certain
levels and that such system be installed within 48 hours
from the date and time of this meeting.
and be it further
ORDERED that in the event that the septic alarm system is
not installed in accordance with the order of this Board,
this Board shall reconvene with the the purpose of
attempting to surpress the overflow situation by means to be
considered by and at that time and including the possibility
of closing the restaurant.
Duly adopted this 20th day of November, 1989, by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs. Potenza
(Discussion held before vote) Supervisor Borgos-Noted that
Mr. Stott should check with the Building and Codes Dept. for
the necessary permits if necessary. . . .does this sound
agreeable to you?
Mr. Stott-Yes .
Supervisor Borgos-With the assurance of the Town Attorney
what we are about to do I believe is legal and proper and
within our jurisdiction?
Town Attorney Dusek-It certainly is .
RESOLUTION TO ADJOURN AS QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 52, 1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
RESOLVED, that the Queensbury Board of Health hereby
adjourns .
Duly adopted this 20th day of November, 1989 by the
following vote:
Ayes: Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
i
Noes : None
Absent:Mrs . Potenza ,
QUEENSBURY TOWN BOARD
PUBLIC HEARINGS
TRANSIENT MERCHANT MARKET LICENSE-AMERICADE/GREAT ESCAPE
NOTICE SHOWN
Supervisor Borgos-Opened the Public Hearing-Requested input
from the public . . . 8 :06 P.M.
�rg3
Mr. Bill Dutcher-President of Americade, Resident of Pilot
Knob, I have in hand a copy of some of the paper work which
we have submitted on this to date . Probably I could best
bring everybody up to date just by taking it off the cuff
here . Americade for the last four or five years been
located in Lake George Village and we have had a very nice
arrangement there but it has really be quite a strain on the
us and on the Village because of the layout of where we were
located in the Steam Boat Companies rather small parking lot
made it difficult for the Town of Lake George, the Village
of Lake George . . . .we were welcomed back and yes that
remains a possibility but from Americades standpoint it is
simply not workable. The . .that is so bad at Americades
position that we seriously consider another location out of
the State and another one in the State but out of the area.
It is my long time desire to keep Americade in this
community, I am from this community I like having it in our
community. I think we have been very good neighbors, I know
over the past seven years we caused more than a 100, 000
dollars to be donated to local charities, I have gotten nice
feed back from Restaurant and Motel owners and people on the
street, I was very please when I was able to reach an
agreement with Mr. Wood to use the two very large parking
lots which are between Route 9 and Route 87, Interstate 87,
those two very large parking lots across the road which
account for about a half a million square feet in area.
Permission was reached with Mr. Wood to use those pursuant
to the OK from the Town of Queensbury and its mandatory
transient market license . We never had to have one of those
in the Village before, but since that is what we got to have
to do business in Queensbury then we are seeking it.
Certainly our interest is in having greater area and a
relative indication is that we have about 100, 000 sq. feet
up in Lake George Village, whereas Mr. Wood' s property
offers about 500, 000 sq. feet, we have about 5 times the
square footage there . Obviously that will enable us to do
our business in a much more secure attractive sane manner.
That is why I am here .
Supervisor Borgos-Thank you. First, does the Board members
have any questions then we will hear from the members of the
public . Any question at this point, hearing none, would you
be seated for a moment please just in case we have more
questions . Is there anyone else in the public in the
audience that would like to speak for or against or ask
questions about this?
Councilman Montesi-I have one question, and it seems like
the answer is obvious, you are using the parking lot for
your tents and your commercial displays and the trailers of
the various manufacturers that sponsor equipments , in the
parking lot between Route 9 and the Northway, the parking
. .where are the motorcycles to be parked?
Mr. Dutcher-Actually, according to the arrangement that we
reached with Mr. Wood we would confine, attempt to confine
all of our activities to the west side of the street,
because number one , it reduces a lot of across the street
traffic flow and number two he still wishes to keep his
school bus morning business going that week. That is to say
he has a lot of children school groups which would come, so
now that school busses would come in and disgorge their
passengers on the east side of Route 9 and head on out so
its simpler for both of us if we try to keep our activities
on one side of that street.
Supervisor Borgos-Let me raise one other issue which is on
the application form and we all had copies of it at one
point, you have agreed I believe to stay at least 110 ' back
from the stream with any of your displays, exhibits or the
parking, is that correct?
Mr. Dutcher-Yes . That is correct . In accordance with the
Town of Queensbury, I think it is the Town of Queensbury,
maybe it LGBCABA you name it but anyway 100' I heard 50' at
one point, I heard 100 ' at another so we in our permit
indicated that we would make sure that we would keep all our
activities at least 110 , from the aforesaid brook.
Supervisor Borgos-I am looking ahead to the prepared
resolution and I think that should be written in there
somewhere perhaps as 5 on the second page and moved down to
6 as such other requirements . I want to be sure that we
covered everything. Seeing no one else from the audience any
other board member have a question? We will call that
hearing to a close and I would request that as long as we
have this in front of us that we have this read and see if
we can act on it.
RESOLUTION APPROVING TRANSIENT MERCHANT LICENSE FOR
AMERICADE/GREAT ESCAPE
RESOLUTION NO. 654, 1989, Introduced' by Mrs . Betty Monahan
who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS, Americade, with the consent of the Great Escape,
has made application to the Town Board of the Town of
Queensbury for a license to operate a transient merchant
and/or solicitor market, in accordance with the provisions
of Local Law no. 3 of 1985, which license, if approved,
shall , pursuant to the provision of Section 54 of said Local
Law, remain in effect until one (1 ) year from the date of
issuance, will be personal to the applicant and not
assignable, may thereafter be renewed upon payment of the
annual license fee without hearing, and may contain such
like reasonable requirements as the Town Board shall
determine, and
WHEREAS, a Notice of Public was given in the official
newspaper of the Town of Queensbury and a public hearing was
held in connection with the license application on November
20, 1989,
NOW, THEREFORE BE IT
RESOIVED, that the Town Board has considered the following
factors as required by the Local Law:
1 . Adequacy and arrangement of vehicular traffic access and
circulation, including intersections, dividers and traffic
controls;
2 . Location, arrangement, appearance and sufficiency of
off-street parking and loading;
3 . Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures , control of
Intersections with vehicular traffic and overall pedestrian
convenience;
4 . Adequacy of water supply and sewage disposal facilities;
5 . Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise, buffer
between the applicant and adjoining lands including the
maximum retention of existing vegetation;
and be it further,
RESOLVED, that the Town Board of the Town of Queensbury
grants the application for transient Merchant License to
Americade, allowing them to operate a transient merchant
and/or solicitor market at the Great Escape, subject to the
following:
1 . payment of fees as required by Local Law of the Town of
Queensbury;
2 . A bond in the amount of $10, 000 as required by Local
Laws of the Town of Queensbury;
3 . Proof of authorization to do business in New York and
authorization of agent to receive service of summons or
other legal process in New York;
4. Each individual merchant must complete an application
form containing the information as required by Local Law No.
3 of 1985, section 4.A. The forms may be submitted
individually or in groups to the Town Clerk of the Town of
Queensbury. The application forms will be supplied to the
Americade/Great Escape upon request.
5 . That all activities and facilities established or
installed upon the property shall be carried on at a
distance of at least 110, from a brook located upon the
said property.
6. Such other requirements as provided by Local Law No . 3
of 1985.
Duly adopted this 20th day of November, 1989 by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs. Monahan, Mr. Borgos
Noes : None
Absent: Mrs . Potenza
Councilman Montesi-I am delighted that Stephen Borgos our
Supervisor and you and the Great Escape, Mr. Wood are able
to bring this package together a considerable amount of
sales tax revenue is generated by this event yearly, a very
well run event and well controlled. Are you planning a
parade this year?
Mr. Dutcher-Yes . At this point it is our intention to do a
parade as we have done it the last several year. . .
Councilman Monahan-I would like to say to Mr. Dutcher as a
resident I have enjoyed having Americade in this area, I
happen to have some ties into the motorcycling world and it
has been a great pleasure to us to see this here.
Mr. Dutcher-I want to state my thanks to the Town of
Queensbury and Supervisor Borgos with whom I have worked
somewhat extensively in getting this organized the
cooperation has been excellent and we hope to be the same
good neighbor that we think we have been up in Lake George
Village .
Supervisor Borgos-Mayor Blais of Lake George has been
extremely instrumental in working on this . . .we are
delighted to have you back, 25, 000 people for five days an
injection of 7 million dollars into the local economy. . .we
just like having the event here we like the people we enjoy
your show . . .
PUBLIC HEARING
1
AMENDMENTS TO ZONING ORDINANCE
NOTICE SHOWN
Supervisor Borgos-We have a request to change the zone, in
an area of Corinth Road, north and south side in the area
near VanDusen Road. . .
Mr. John Goralski-Originally there were between four and six
property owners who came in looking to rezone their
property from Residential Use to Light Industrial Use at
that time they were separate properties and we were
concerned that it may be a spot zoning type thing. When
they went to the Planning Board the Planning Board suggested
that the applicants sit down with the Planning Dept.
and work out some feasible alternative to their proposal .
What the people that made the proposal did was go out to all
their neighbors and speak to I think all the people with in
what is proposed now, from Stephanie Lane to VanDusen Road
on both sides of the Corinth Road and they came in with
quite a large area to be zoned light industrial . To change
it from residential to light industrial .
Councilman Montesi-Do you have a map that could be put up?
Mr. Goralski-I think Mr. Baird has a map.
Councilman Montesi-Just so when ever a person is talking
about it we can at least represent. .
Mr. Goralski-I also have a copy of the Town Zoning Map if
you would like to see that .
The area of Corinth Road is (using map) this area right down
here, changes from light industrial to the east and to the
suburban residential one acre and that is what they are
looking to change.
Councilman Montesi-Everything in that peach colored area
will be going from residential to light industrial .
Mr. Goralski-That is correct .
Councilman Monahan-John you have a couple of different
shades of grey over there in that area.
Mr. Goralski-Yes, the darker grey are the mobile home
overlay zones and the lighter grey is the light industrial .
Supervisor Borgos-Maybe this would be a good time to take
care of this also, since the beginning when four or five
people mentioned that other people have come in and you have _
made some recommendations have you heard any negative
comments?
Mr. Goralski-There have been other people in the area who I
believe are not part of the actual application who have had
concerns since they have residential property in the area
they were concerned about how a light industrial zoning
would effect their residential property.
Councilman Montesi-One of the things that obviously
everything in the peach colored area is with the consent of
those particular property owners for instance, if I lived on
Stephanie Lane! which is the road right down at the bottom
and my back yard abuts that industrial zone, light
Industrial what kinds of things can I look to happening in
my back yard what are allowed by the zoning and what kind of
a buffer zone does the light industrial area have to keep
between my yard and whatever development happens back there?
That would actually go for the whole border around it so
that people will have a feeling of what is allowed in the
light industrial?
Mr. Goralski-When there is a zone change from a residential
to a light industrial or actually any commercial zone a
fifty foot buffer is required within the commercial or light —
industrial zone .
Councilman Montesi-So that the zone that is changing has to
* abs gjrb th a hat,, foot buffer.
i g �.. ,x m, ' xp
Mr. Goralski-That is correct.
Councilman Montesi-What is a buffer?
40 {
Mr. Goralski-That buffer has to remain natural , ok, so there
can be no parking, there can be no buildings, really you
cannot even cut the trees down in the area.
Councilman Montesi-And if it is treed it has to be
maintained as a lawn then. . .
Mr. Goralski-If it is not treed then it would have to be
maintained as lawn or if it is brush currently that is
allowable.
Councilman Monahan-John, do you know if that is treed or
brush there in that area that would be going along the back
yard?
Mr. Goralski-I am not positive exactly what that property
line is, most of the area along there is heavy
brush. . .allowable uses in a light industrial zone, first I
should say that any use in a light industrial zone requires
site plan review from the Planning Board. Any new business
that would be zoned in anyone of these properties would
require site plan review from the Planning Board.
Councilman Monahan-John, how about an expansion of an
existing business does that also have to come for site plan
review?
Mr. Goralski-Yes it would. If that expansion is in the form
of a physical change on the property, new buildings or. . .
Councilman Monahan-If I wanted to add a twenty by twenty to
• building that is already there I would have to come in for
• site plan review?
Mr. Goralski-Yes . Type II uses for light industrial zone,
-- freight terminals, extraction of sand, stone or gravel ,
restaurant, includes batch plant, building supply lumber
yard, any light manufacturing assembly or other industrial
or research operation. . .warehouse for enclosed storage of
goods and materials, distribution plants, wholesale
businesses, laboratories , office buildings in excess of 10,000
sq. feet, truck repair facilities , heavy machine repair
facilities, TV and Radio Stations, Construction Company,
Logging Company, Heavy Equipment Storage, Heavy Equipment
Sales, Junk Yard, Agricultural Services .
Councilman Monahan-Junk Yard is allowed in Light
Industrial?
Mr. Goralski-Yes .
Supervisor Borgos-All junk yards have to come to the Town
Board for Special Permit .
Mr. Goralski-That is correct .
Councilman Monahan-We do not have much of a leg to stand on
if you do not want them if they are allowed.
Supervisor Borgos-I think they are allowed in quite a few
parts of town, is that correct?
Mr. Goralski-No, as a matter of fact they are not.
Councilman Monahan-I thought they should have been in heavy
industrial , I am surprised.
Mr. Goralski-They are allowed only in light industrial
i
areas .
Supervisor Borgos-But, t; -� e are light industrial zones all
over town.
Mr. Goralski-The light grey areas are light industrial the
areas around Corinth Road that we are speaking of in the
southern section of town and around the airport and also So.
Queensbury the other side of Glens Falls .
Councilman Montesi-John, are there other things that can go
in a light industrial with specific permit or I am trying to
think of the wording that. . .
Mr. Goralski-Those are the only allowable uses in a light
industrial zone.
Councilman Montesi-Anything other than that would have to go
in with a variance .
Mr. Goralski=0f the zoning board of appeals .
Councilman Montesi-I think it is important at a public
hearing that the good and the bad and , there is a reason why
the rezoning is being requested and there is a concern by
neighbors around that and they have to know the worst care
scenario what could go in there irregardless of the. . . it is
just important to know that at least have their opinion
registered.
Supervisor Borgos-Thank you very much, I think we will be
calling on you again so if you would please sit close.
Councilman Monahan-I would like to ask John one question,
John I am not sure that you can answer this, is there any
sites in that area that would be conducive to gravel and
sand extraction?
Mr. aoralski-In this particular area there are a couple of
large blocks but I would say that they are not condusive
to. . .
Councilman Monahan-What is the soil?
Mr. Goralski-It is all sand. —
Supervisor Borgos-There are not any large mountains .
Councilman Montesi-I do not think that area varies more than
10 feet.
Mr. Goralski-I do not think that you are going to see a
gravel pit out there . I cannot guarantee that but. . .
Councilman Montesi-A cement batching plant is an allowable
use .
Mr. Goralski-That is an allowable, an enclosed batch plant.
Supervisor Borgos-The best way to handle this, let me ask
the Attorney a question, we have only received between four
and six written applications, written requests for rezoning
is that correct?
Mr. Goralski-Total
Supervisor Borgos-Total , for these parcels, you have a lot
more parcels than that out there.
Mr. Goralski-My understanding . . .
Supervisor Borgos-I want to make sure that we are holding a
hearing, all these parcels were listed and went to hearing.
Mr. Goralski-All of those parcels were listed on the most
recent application.
Supervisor Borgos-Did all the property owners apply for
those and did we follow the rules in that regard?
Town Attorney Dusek-I am sorry, your question again?
Supervisor Borgos-Did all the property owners if required
file those requests for rezoning?
Town Attorney Dusek-On the rezoning the manner in which it
has been handled to date is that, particular property owners
could come in, to petition for rezoning however that is not
necessary, or not a necessary step in the rezoning process .
If you recall the Town Board on October 1 , 1988 rezoned the
entire Town and of course there were no petitions in each
Instance, there might have been some but there wasn't, the
petition device was something that we created back last year
in an effort to try to address or at least learn- of some the
-- concerns of some of the residences had in the area and give
them a device to get themselves before the Town Board just
like many of the people have here tonight. But, to rezone
an area you do not need a petition it is a legislative
action that can be taken upon by the, Town Board at its own
iniative . The procedure is basically to hold a public
hearing to complete the SEQRA process and then finally make
a decision as to whether or not you want to rezone in the
fashion that has been presented or if you want to cut the
area down in some fashion. You cannot expand the area
though unless you go through another public hearing.
Councilman Montesi-Is there a section missing on the
southern side of Corinth Road?
Supervisor Borgos-Would you state your name and address
please? Let me just ask another question that is on my mind
typically when this comes to us and then goes to the
planning dept. and then on to the planning board have those
steps been taken?
Town Attorney Dusek-Yes .
Supervisor Borgos-Have we received feed back from the
planning board?
Town Attorney Dusek-I think John Goralski would be better to
answer that.
Supervisor Borgos-Then we will get to your question, I
thought I saw somewhere that they took no action.
Mr. Goralski-The Planning Board originally the first time
this application came in when it was only the . . .property
owners took no action, they were concerned about spot
zoning . This application as presented to you now was
recommended for approval by the Planning Board.
Supervisor Borgos-Thank you. That clears it up. Yes , Sir,
would you tell us your name and address please .
Mr. Mike Baird-My name is Mike Baird, and I reside at 435
Corinth Road I have personally talked to each and every
resident to the best of my knowledge in the colored area
map. I would like to point out that the colored areas on
the map are all those not opposed to the rezoning, in which
the blue line does encase the proposed change of' zoning
which we do have one opposer which is the wet area to answer
your question which is not a bad average . You know that I
have done a lot of work and I have talked with some people,
I understand that they send out letters within 500' of any
proposed change of zone, I would like to be the kind of
person to take the time if I could to go and explain this to
each and every person especially because I grew up with most
of these people in the neighborhood. But, if you multiply
that, that is a lot of people and that is a lot of hours and
a lot of time so I felt who it would effect the most would
be the people inside the proposed change of zone in which
all of us do have children and have lived there most of our
lives . The bottom line is , all we want to do is basically
,4q-0
change it back to the business nature of what it has been up
until 1988 when it got changed. The reason why we have
answered this to the Planning Board I would like to bring
up, why we did not at that time choose to come in as we are
now is because I understood that it was an entire change of
Queensbury. Everybody is very busy we have all admitted, I
am not the only one, everybody who sits here today for this
has admitted they either did not receive the letter or just
did not acknowledge it. There was not a letter I found out
but now since we are trying to change just a small area it
is the law as I am told by the Attorney or whoever that we
must, the town send out letters to everybody within and
within 500 ' of said change or boundary.
Councilman Montesi-John, I am sure that most, you have done
your homework and you have talked to the people effected
Inside in the colored area and that is important, a great
service that you did for that area, my concern is, if there
happen to have been and I do not mean to make a big issue of
it if there happened to be two or three people who did not
want to change would we have little pockets of white in
there and what are we doing. Is that one little pocket of
white going to stay residential , does that make sense?
Mr. Goralski-Well , actually it could if you, if that is the
way, your. . .
Councilman Montesi-Maybe the owner of that lot will be here
to talk.
Mr. Goralski-That is true, and I do not want to disagree
with you but since the area to the I guess that is the South
is currently suburban residential by notching that piece out
of your proposal here that would still remain part of a
suburban residential zone and would not be spot zone, it
would be part of actually a larger zone than this light
industrial zone .
Councilman Monahan-John, would doing this as a commercial
zone achieve what these people are trying to do with their
property?
Mr. Goralski-Highway Commercial , do you mean?
Councilman Monahan-Any commercial zone?
Mr. Goralski-My understanding is that, Web Graphics and the
sign company the countertop company those are manufacturing
businesses so that would be in a light industrial zone and
it would not be allowable in a highway commercial or plaza
commercial .
Councilman Monahan-I am frankly very concerned about some of
those uses that are allowed in light industrial knowing that
we had the problems through out town where they been
neighbors of a residential area.
Supervisor Borgos-May I ask a question of the Attorney
again, I am already seeing some things develop is it
possible for us to approve a zoning change which would
remove from the list of allowable uses certain thing's that
currently exist on that list?
Town Attorney Dusek-No.
Councilman Monahan-But we could create' a new type of zone
and not have those included.
Supervisor Borgos-Would that require an additional public
hearing?
Town Attorney Dusek-Yes .
Supervisor Borgos-It is possible for us to create an
entirely new type of zone which would accommodate these needs
yet eliminate from the list of permitted uses those things
which seem to be offensive, that is a possibility.
Councilman Montesi-That' s seems objectional they are . . .
Councilman Monahan-I am not sure that all the people that
applied for this light industrial zone, they know this
better than I do whether or not they were aware of everything
that could go on within the light industrial zone . Whether
or not they knew they could have a cement batch plant in
their back yard and whether or not they knew they could have
sand and gravel extraction and the junk yard and so on and
so forth They may not have been aware of everything that
was going on.
Supervisor Borgos-Lets take one at a time . If you raise your
hand I would like to call one person at a time to come
forward and state your name address and say whatever you
would like to say, please . We will hear everybody through
once before we heard a second time from anyone .
Ms . Faith Frost-My name is Faith Frost and I live on 17
Stephanie Lane The first that we were aware of this as far
as I know, my neighbors was last week when we received a
letter and according to a couple of different people they
came and talked to people on Stephanie Lane, I am not aware
of this , and as for just brush growing out in my back yard,
I look in my back yard and there are trees and it belongs to
Mr . Winchip I believe . They certainly look like full grown
trees to me. There are fifty children on the street which
is right in back of where they want to start building.
Supervisor Borgos-From what I hear, I presume you are
opposed to this .
Ms . Frost-I certainly am.
Supervisor Borgos-Just for the record so we do not have an
unclear statement.
Ms . Frost-I have three children of my own on that street,
they are growing up but there are a lot of small ones coming
up to .
Supervisor Borgos-Anything else you want to say about that?
Ms . Frost-That is all , thank you.
Supervisor Borgos-Thank you very much. Yes, Sir.
Mr. Henry John-I have been waiting all night to say
something here. . .
Supervisor Borgos-Your name and address . . .
Mr. Henry John-Henry John and I live south of the Corinth
Road not on the Corinth Road. It was just mentioned by this
young lady that she looked out her back yard and she saw
trees, that is tremendous . They were there before she moved
up there for one thing, Stephanie Lane has been there
approximately eight or ten years or whatever it is . I have
been up there forty years approximately, I look out my
window and I see a great big sign advertising pizza, and I
can look to the left of me and there if a big snapper,
ground grass cutter, and then Web Graphics this is all
within four or five hundred feet of me . I go look in the
back of me and I can see the tree monkeys . . .
Supervisor Borgos-Where do you live in relation to that map?
Could you show us , could you just point to where you live?
Mr. Henry John-Well if you had a pizza there I live directly
across from it. Wait a minute, I am not done, on the right
of me you have a bar joint or beer room or whatever we got a
Junk yard then in back of the pizza place we got another
junk yard and in back another junk yard and a dump. What I
am trying to say is this here, to the right of me to the
left of me, 350 degrees everyone can do whatever they want
with their property I cannot because I am in a residential .
And there are a few folks out there that just came up here
in the last four or five minutes that wanted to tell the
rest of us that have been up there for the last forty years
how to live . Now, I am not a lawyer, maybe this fellow here
could say I do not know, would I be or maybe you people
would be infringing on my civil rights, well he can have a
junk yard the other guy can have a pizza parlor the other
guy can have this and that, I cannot have nothing.
Furthermore we were in the light industrial , commercial what
ever it was and you keep saying, you mentioned it four times
that I know of only six people come, that is for the simple
reason nobody knew about it .
Supervisor Borgos-All I was trying to indicate by that was
the fact that it seemed like a relatively small group of
people . . . (tape turned) — sequence of events that has lead to
this .
Mr. John-Ok. That is fine . All before all this, well a
certain party wanted to build a house over on Stevens Road
and then we get a letter and then another certain party
wants to build a house down by the junk yard and we get a
letter, now these six people come up here and we hear
nothing we do not know nothing how come we did not get a
letter.
Supervisor Borgos-Did you get a letter this time?
Mr. John-This time, yes . We would have been here before the
last time too.
Supervisor Borgos-There was not any last time other than the
rezoning of the entire town which was publicized and
advertised.
Mr. John-Nobody that is here got a letter.
Supervisor Borgos-I do not believe that those letters were
required, is that correct?
Town Attorney Dusek-When the Town went through its rezoning
on October 1 , 1988 it was not required to send out any
letters to any of the people .
Mr. John-It is required within 500' from where I am.
Town Attorney Dusek-No .
Mr. John-It was just mentioned here a little while ago.
Within 500 ' I have to get a letter. How come I did not get
one .
Town Attorney Dusek-The most recent notification procedures
employed by the Town Board it is my recollection that the
Town Board felt that it was important to go one extka step
more so then, is required by the law. So that is why many
of the letters were sent out that infact were received . So,
legally speaking it is not necessary to notify everyone that
was notified by letter.
Supervisor Borgos-I think this question goes back to a year
ago when we did the full rezoning he wants to know why he
did not get a letter then. I do not believe anybody in the
Town got a letter.
Town Attorney Dusek-No, it was not necessary to do that. i
Councilman Montesi-But, there was public hearings and many
tf 13
7 3
• r' • • • .! n r r r \I ...-_1--._ Inon ,.... 41 ., ♦../Ii...rrnn 1//'r Yt '
meetings . . .
Councilman Monahan-Neighborhood meetings, all kinds of
publicity, there were ads in the paper. . .
Councilman Montesi-Not individual owners got notification
but we rezoned the whole town I mean that there were
sections like this that. . .
Mr. John-Good, now I stated my situation this is November
the 20th 1989 and I am Henry John and I want to go on
record, you people, is it possible for you people to rezone
by residential property back to light commercial or whatever
it is and. . .
Supervisor Borgos-Just for my sake, I am a little thick,
perhaps, go over there and point to your property on that
map. I know you are somewhere near the pizza place but I do
not know exactly where .
(map used to show exact location)
Mr. John-He is on 11 and 12 and I am directly right across
from him on 13 and 14.
Supervisor Borgos-It appears that you are included in this
proposal to rezone .
Mr. John-Well that is what you sent out, my property was in
this . . .
Supervisor Borgos-Are we hearing from you that you do what
that to happen?
Mr. John-Changed back to a commercial and all that. . .
Supervisor Borgos-Correct .
Mr. John-Yes Sir Bob.
Supervisor Borgos-Thank you. Yes, Sir.
Mr. Fred Calvin-I am Fred Calvin I live at Route 4 Box 440
Corinth Road on the tax roll 147-1-15 I am on the south
side of Corinth Road next door to . . .
Supervisor Borgos-Would you show us just where, it will
only take a second and make it a lot easier. . . . (map used)
Mr. Fred Calvin-I am on the south side . . . I am right here.
Supervisor Borgos-So you are on the other side of Corinth
Road you have to go to the left. . . So you are within the
area proposed to be rezoned.
Mr. Fred Calvin-I am on there, right. I "have lived there
for twenty five years I have a business in front of me and
in back of me I have businesses on both sides of me, I never
knew you changed this around from commercial to suburban
residential . Now approximately a year ago I going to put my
house on the market I got a real estate agent involved he
said you would get more money if it were done commercially
so I said fine and we did, all of a sudden we found out it
was not commercial anymore, I immediately had to take 10%
right off the top of the asking price . I do not think that
is fair for me to have to lower what I want for my property
and I think what is going to happen up there we know what
Route 9 is in So. Glens Falls a strip, now West Mt. is
going to fly, it is . . . I think we are going to have the strip
right up here on Corinth Road they are going to widen it,
it is right in the book already. I go on record for it to
changed back to light industrial anything where we can have t
a business . Where we can get a fair amount of equity out of
our property if we do decide to sell . Thank you.
Supervisor Borgos-Thank you, Sir.
Mr. John Cross-My name is John Cross I reside at 17
Stephanie Lane. The residents of Stephanie Lane Queensbury
object to the broad base zoning currently being sought for
the property bordering the western side of Stephanie Lane .
This property runs from VanDusen Road to Stephanie Lane
which encompasses a vary large area . It is to our
understanding that several undesirable businesses such as
Junk yard, trucking business , break businesses, heavy
equipment, construction business are all possibilities under
the revised zoning. Stephanie Lane is a growing residential
neighborhood with homes requiring a substantial capital
investment with a large population of children and we want
to retain the residential nature of our area for financial
and safety reasons . I have a number, two pages of
signatures of people that feel the same as we do. I think
that the zoning is far to broad. Like - the Lady explained, a
junk yard, I do not want to look out my, a fifty foot buffer
in a junk yard, I think that is utterly rediculous . We are
trying to have a descent neighborhood they are all new homes
and everybody is doing their best to try and make it a nice
place to live . I just think that the zoning is just so
broad that it just does not fit the purpose for us people
that have a big investment in trying to have a nice place to
live .
Supervisor Borgos-While you are here and speaking for
yourself only, would you be at least interested in looking
at a proposal to rezone this for commercial use which would
eliminate some of the things that you object to?
Mr. Cross-Well , I would only be speaking for myself but
there are certain things like Web Graphics that is a good
part of the area, I know Mike is trying to do the sign
thing, I do not object to that, I do not have a thing
against it.
Supervisor Borgos-So you are not opposed to any commercial
use, you are opposed because of concern of specific . . .
I , that this will help us in our thinking process, . . .anyone
else
Mr. Mike Brandt-My name is Mike Brandt, and am with West
Mt. Ski Area we do own a little piece of property in the
neighborhood where this zoning is proposed and were given
official notice . I just wanted to point out that in our
work as you know ever well with the West Mt. proposed
Development on the things that we had to study was the
traffic impact our development might have in the West Glens
Falls Area. Part of the study required that we do a study
of resisting traffic there and an estimate an engineers
estimate of what, how much traffic will develop whether we
build our development or whether we do not. All the figures
are in volumns which of course you have been given already
concerning our project and I have to point out that the
conclusion of the traffic engineers was that the amount of
land in West Glens Falls that is available for development
and with the type of zoning is there, as it developes , out it
is very predictable right now that the Corinth Road will
have to become a four lane road from interstate 87 Exit 18
all the way out to about VanDusen Road and possible all the
way out to West Mt. Road and that is whether the West Mt.
Development ever happens or doesn't happen. I think, I am
so optimistic that the West Mt. Development probably will
happen.
Supervisor Borgos-We will know sometime within the next
several years . He does not like to hear that.
Mr. Brandt-I think that the truth is that the Corinth Road t
is a high traffic road and it always will be and I do not
think that is, in town government that it is wise to zone it
for housing and for people to raise their children along
that road. I think properly it becomes commercial or light
industrial or those kinds of applications . None of us want
to see junk yards probably on the other hand none of us want
to see landfills either, we have to admit junk yards serve a
purpose and the junk yards were there before I came here in
1961 and let me say I have bought vehicles there and parts
for vehicles from many of the operators and well I do not
see a great big need for massive expansion of that function
I think that it is easy to look down your nose at them but
they serve a hell of a purpose in recycling which is now
getting to be a buzz word. Commerce we can look at all the
different kinds of commerce and say, we are going to want
trucking without trucking my God what would our economy be .
The railroad certainly are not going to handle it, we all
use trucks we all have parts delivered to our homes in
trucks . I am not saying that there is a need for more
trucking industry in there not at all , but who knows what
the future is going to bring. Certainly the development of
West Glens Falls, in itself will 'necessitate commercial
development. Neighborhood grocery stores, neighborhood
shopping centers, there is all kinds of needs that you can
forecast and I think that the proposal that is being made
here is a sound proposal and I think you have to be careful
as we look at the exact wording of this rezoning so that you
do not grow a lot of undesirable businesses , but all
businesses produce jobs and they are awfully important for
all of us . Right now, I have work, but I have kids that
need work and a lot of other people do and I think we have
to have enough commercial land, light industrial land to
accommodate that need also . Thank you.
Supervisor Borgos-Thank you very much. Yes, . . .
Ms . Lynn Phillips-I live on, I have several lots that are
adjoining the area to be rezoned.
Supervisor Borgos-Could you tell us where those lots are
please? (using map-on the north side outside the property
is that correct?) . . . . is that Sanders?
Ms . Phillips-Yes it is . . . I agree that there are times
changing we need to provide . . . section because . . .a
residential area, but I have to object to light industrial
uses that could be put to . In some medium field could be
found for instance under light industry the permitted use
list is completely unobjectionable but it is when you get
into the type one and type two uses that serious problems
can occur. So, I would really like to see some compromise
can be found in between. That is all .
Supervisor Borgos-Thank you.
Councilman Montesi-Steve, I asked John Goralski , a few
minutes ago, one of the things that you had alluded to was
what if you went to highway commercial and maybe Mrs .
Councilman Monahan said that the concern is that Web
Graphics exists the sign company exists the contractor
exists there presently as non conforming with the zoning.
They exist today in non-conforming with the zoning as it is
zoned residential , suburban residential , if you ,were to
change it to highway commercial they would still be
non-conforming if you change it to light industrial that is
the only zone that seems to fit their criteria. I was just
curious, John, if you would read some of the uses that can
go on in a highway commercial so that everyone in this room
including the Board would know what that alternative would
bring.
Mr. Goralski-This is a petty extensive list, parking garage,
gas station, drive-in theater, amusement center, driving
range , recreation facility, hospital and nursing home, day
care center, auto repair and body shop, auto sales and
service, commercial boat storage and repair and sales,
4qh.
construction equipment sales , mobile home sales, car wash,
fast food restaurant or bar, places of public assembly,
professional office, office building, greenhouses, social
clubs, motels, hotels , veterinary clinic, parking garage,
pharmacy, drug store, stationery store, hardware store, meat
store, beauty shop, clothing store, department store, sports
store, jewelry store, travel agency, restaurant, shopping
mall , TV and Radio Stations .
Councilman Montesi-Is there a type one and type two usage?
Mr. Goralski-Those are all the type two uses .
Councilman Montesi-Permitted in type two .
Mr. Goralski-Permitted, All permitted uses in the highway
commercial zone or in the light industrial zone are site
plan review type two or type one uses .
Councilman Montesi-A couple of things happen if you said,
well those are less, those are more desirable then a junk
yard or a batch plant, some people could look at that and
view that as a better alternative or at least an
alternative worth considering. But, it would still leave
the existing industries that are non conforming presently
still non conforming.
Mr. Goralski-The majority of them yes , would still be non
conforming. Things like the deli would then in highway
commercial would be a conforming use .
Councilman Montesi-The sign company would be?
Mr. Goralski-The sign company would still be non conforming
the kitchen cabinet company, Web Graphic they would still
all be non conforming.
Councilman Montesi-The problem with being non conforming to
the point of view of those businesses is that any and all
expansions that they do would have to be done via the
variance route .
Mr. Goralski-Yes .
Councilman Montesi-And they can only go 50% of the existing
size of what they presently own.
Mr. Goralski-That is correct .
Councilman Montesi-Just so everybody knows what we are
dealing with.
Supervisor Borgos-Let me ask another technical question? I
understand that this proposal has not been before the Warren
County Planning Board is that correct?
Mr. . Goralski-That is correct .
Supervisor Borgos-Would it typically go before that board
before we would act here?
Mr. Goralski-I do not know that it has to .
Supervisor Borgos-Is it required? --
Councilman Kurosaka-It would be within 500 ' of a county
highway.
Town Attorney Dusek-Yes .
Supervisor Borgos-It is a County Road, Corinth Road is a
County Road.
{
497- i
Councilman Monahan-I do not know John, if you could answer
this and maybe if you can't maybe Mike can answer it, is
West Mt. Sales a going concern now or has it. . .
Mr. Brandt-No it is not .
Councilman Monahan-So that has closed and it has lost, I do
not know how long its been closed, but if it has been closed
18 months or 18 months from the time he did any changing
that would loose its non conforming status .
Mr. Goralski-That is right and then it would have to be sold
_. as a residential property or whoever went in there with a
commerical use would need a variance .
Supervisor Borgos-Does anyone else wish to speak for the
first time? Yes, Sir.
Mr. Frank Catone-I am Frank Catone, I am President of Tri
County Kitchens . Prior to 1988 before the big rezoning
this area that we are talking about was highway commercial
zone, that was what my property was and the adjacent
property were. From what I know about Stephanie Lane, most
of the homes on Stephanie Lane went up prior to a year ago,
prior to this big rezoning. So the folks that bought those
homes originally were buying them in an area that is
basically what we are talking about now, but I agree
wholeheartly that there should be some kind of middle road
because I do not want to see dredging for sand and further
dumps and further detrimental use of the land. But, it is
obviously as a highway it is getting more and more
commercial every day whether it is by variance or whatever.
So, my point is simply that it is going to end up commercial
maybe some kind of new zoning as the Lady recommended
earlier with some type of compromise could be reached which
pulls out all these things that none of us that own that
land would want to use it for anyway, and just make it more
of what it really is . It is highway commercial it has some
non existant uses but is more realistically highway
commercial it surely is not residential . When you at Web
Graphics a multi million dollar operation, nobody could call
it a home and if you have a home immediately adjacent to it,
it kind of overshadows your home . That is my only point the
folks on Stephanie Lane bought in when this was not
residentially zoned, this area that we are talking about.
So it should not surprise them that the people that are
there with businesses want it to be a business . When the
big zoning change took place I also had no idea that, that
was happening. That this area would become residential I
found that so rediculous I had to be told four different
times that my land had been zoned residential when it is a
factory. I said it is crazy, it just could not happen. I
was certainly never notified correctly that is another point
that one other gentlemen was making before . If you can
rezone my land without directly telling me how come it is
such a big deal that if I want my land back to what it was
you have got to tell all my neighbors . That I think. . .that
is all .
Councilman Monahan-I think Sir, that the mechanics of
notifying 12, 000 different owners of parcels in this town
for a complete rezoning would be almost impossible .
Supervisor Borgos-We included in those regulations the
stipulation that we have this notification so that there
are not surprise changes , it is difficult the law hits us
every day with some different problems we will talk about
some others in a few minutes that are bothersome at the
moment . Any other comments there is a hand in the back.
Ms . Martha Shepard-I am Martha Shepard and I live on 11
Stephanie Lane and I am opposed to the rezoning . Stephanie
Lane was started out government subsidized program for people
49q". . who could not afford other houses . It is the only home my
husband and I could afford and we looked for a couple of
years before we bought. So, we did take a chance to live on
that street. Mr. Brandt, thinks that junks yards are such a
good useful purpose is he going to build one on West Mt. ?
Supervisor Borgos-Lets not cross over the line here .
Ms . Martha Shepard-It would be right in my back yard, fifty
feet back.
Supervisor Borgos-Let me ask you while you are here, how do
you personally feel about some type of a compromise zoning
that would not permit the gravel extraction, the batch plant
the junk yard?
Ms . Martha Shepard-I- already spoke with Mrs . Collard about
that, I have thought about it and am not too crazy about a
gas station in my back yard either.
Supervisor Borgos-OK, assuming we could have a compromise
list of some sort.
Ms . Martha Shepard-I really have not decided, I am not crazy
about either one.
Supervisor Borgos-Thank you.
councilman Kurosaka-I do not think in any stretch of the
imagination you could have gravel and sand extraction, you
would have to fill the whole back up.
Supervisor Borgos-It would be difficult. Almost anything
you could think about has happened or will happen in the
Town so we have to cover as many bases as you can imagine.
Mr. Bruce Lipinski-My name is Bruce Lipinski from the firm
of Bartlett, Pontiff, Stewart, Rhodes and Judge and I am
here on behalf of Web Graphics . As you can see on the map
over there Web Graphics is the largest landowner in the
proposed area to be rezoned. Web Graphics is severly
hampered at this point as far as any possible expansion of --
their business because they no longer are in a commercial
industrial zone, they are a non conforming use and ever
sense 1988 they have been severly hampered by the non
conforming use restrictions . Web Graphics if obviously for
this proposal and would also suggest that if you do try to
come up with some kind of middle road approach that you do
include light manufacturing uses in this whatever zone you
are going to possible create here . There are as in regard
to current various light industrial manufacturers in this
area, kitchen counters manufacturers , sign manufacturers,
and I think you have to look at what is there and try to
develop any new district around what is already there.
Maybe there are not any junk yards there at this point any
maybe you should restrict them from this zone . But as far
as some commercial uses light industrial uses this is a
perfect location for light industrial uses I would like to
remind you that the Queensbury Zoning Ordinance states that
one of the purposes for light industry zoning areas is
highway oriented and research businesses need opportunities
appropriately located near major highways for which they
receive the material and which they dispense their products .
We could not find a better location closer to the Northway
then this area to be rezoned . I would just urge you to
either adopt the proposed rezoning as is tonight or at least
include light industrial , commercial uses in this zone,
because it is not a residential area even though the
Queensbury Zoning Ordinance says so . Thank you.
Supervisor Borgos-Does the person who lives in the white
block is he here tonight? ti
Mr. Baird-No, they are people who are just in indifference,
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they will not come in a speak.
Supervisor Borgos-All I want to know is if they are here .
Mr. Baird-They are not here . . . .
Supervisor Borgos-Yes , Sir, Name and Address Please . . .
Mr. Walt Burnham-My name is Walt Burnham, I am President of
Northeastern Electric Motors Inc . right next door to Web
Graphics a small lot . . . on it. Right now I believe I have
the oldest existing business on Corinth Road in this area, I
built there before the zoning . I feel that I have a lot
invested in, I have 20 years in the business, I have not
been at that location for 20 years I rented where Vito' s
Pizza was before . Not long ago our neighbors . . .My concern
now is the fact that I have a electric motor rewind business
And if anything was to happen, lets say a very large company
came in and put me out of business or, I die my wife ends up
with the property what is she going to do with it, what am I
going to do with it, I can't sell it to another electric
motor firm. The way I understand the zoning now, it has to
be sold for what it exists at, at this time now.
Supervisor Borgos-I think that is correct, except that they
might be able to get a variance . That is another whole
procedure .
Mr. Brunham-That is my comments , I guess that I would like
to go on record to have it changed to the light industrial .
Supervisor Borgos-Thank you Sir. Mr. Brandt?
Mr. Paul Brandt-My name is Paul Brandt, I reside on West Mt.
Road also own part of the property of West Mt. Sales which
is now closed., That property will be sold, it makes it very
difficult to be sold as a residential area. The buildings
on the property are not suitable for residential type
buildings, they are garage type buildings they have been
there for a long time, I think that typical like the rest of
the businesses in that whole area over the years we have
upgraded the buildings we have made them look better. I
think the other people like Web Graphics have done the same
thing, I think that the people around us can be proud of it.
I also feel that the people on Stephanie Lane probably would
not have a gas station in their back yard because it is
unrealistic to have one right along Stephanie Lane or along
the back side there . But, I think that any business that
would go in there would probably do a real good job to hide
the business from the residential area. I think I am
definitely in favor of the proposal . . .
Supervisor Borgos-Mr. Kenny.
Mr. David Kenny-I am David Kenny from the Town of
Queensbury, one thing I want to know it has not been brought
up what size lot are they going to that might help the
residents if they knew that, is it one acre zoning?
Supervisor Borgos-We have proposed light industrial one
acre, is that correct? '
Mr. David Kenny-And do they know that they have to have 200'
of road frontage, 200' depth, which means, I think just
looking at the map quickly, a lot of those lots are under an
acre.
Supervisor Borgos-What you are saying is that we would end
up with as the way things are right now would end up with a
bunch of non conforming size . . .
Mr. Kenny-In order to change from what it is today, someone
would have to come in and buy two or three lots to get the
size requirement that we have .
Supervisor Borgos-Or get a variance .
Mr. Kenny-Or get a variance .
Councilman Monahan-I am not sure that is true . Is that true
Paul , because it is a lot of record, as long as nobody owned
two adjoining lots .
Town Attorney Dusek-If, they still may need to get some
zoning variance because of set, inability to meet set back
requirements but they would be able to utilize the lot.
Even if it was less than one acre , they still would be able
to use it for a light industrial purpose if that was what it
was zoned.
Mr . Kenny-One of the things we did on the other end of the
Town on the other side of the Corinth Road was used for
what it is but if they want to go commercial they had to get
the one acre. I know. . .
Supervisor Borgos-You are talking between exit 18 and the
City. . .
Mr. Kenny-Right, and thats to be done the same thing there
so we didn't realize we needed larger lots in there, to have
small lots possibly to create that type of zoning in.
Councilman Montesi- Because, that was a battle we fought
with some of the neighbors between exit 18 and the City
where , when we said it had to be one acre, for instance Mr.
John' s property if it is not one acre what we would be
saying then is in order to sell your property to be light
industrially zoned your neighbor has got to sell too
so you can make up an acre if it is not an acre .
That is a good point, because I think we have forgotten
about that.
Mr . Kenny-And the size requirements you have the new zoning,
if we could go back to that, . . .to meet the size
requirements .
Supervisor Borgos-Thank you very much, Mr. Kenny was a
member of our citizens committee that helped rezone this, so
you can see him about why you did not get a notice .
Councilman Monahan-Steve, I think John Goralski would like
to make a comment about that.
Mr. John Goralski-I think maybe I have a question this time,
I never heard of that, I do not believe that it states
anywhere in our zoning ordinance that the area between exit
18 and the City of Glens Falls if you want to, if it is
zoned light industrial and you have a preexisting lot. . .
.Supervisor Borgos-That is a residential /commercial .
Mr. John Goralski-Residential Commercial , I just do not want
to get the issue confused it is very different from the
light industrial zone that is being requested here.
Councilman Montesi-The concept that we were talking about is
that even in a residential/commercial needed an acre and
that meant that nobody had an acre those lots along there if
you were going to sell your house, . . . sell too in order for
you to realize .
Mr. John Goralski-The point- I am making is what you are
doing, you are talking about creating a new district that
does not currently exist. That type of situation does not
exist in any of the light industrial zones in the Town right
now.
t
Councilman Monahan-So we would have to re-do a whole new
Sd
type of zone.
Mr. John Goralski-You are talking about creating a new zone
Councilman Montesi-I we were to create, if we were to rezone
this tonight then any lot that was not an acre would be non
conforming, we are saying that we are going to rezone light
industrial one acre .
Mr. John Goralski-Right. Those lots are existing lots and
if you can meet the set back requirements . . .
Councilman Montesi-They could be built on less than an acre,
as long as they meet setbacks .
Mr. John Goralski-Right, If you want to create a new zone
whereby there would be some scenario where you have to have
acreage to be light industrial use that is not a zone that
exists in our ordinance currently, that is something you
would have to create .
Councilman Montesi-I think our concern was to tell the
people that were within the colored area there, that even
though they do not have a acre that if they could meet. the
set back requirements, front, rear and side they could sell
their propertp even if it was less than an acre, . . . light
industrial zone and built on, as long as they met the set
backs .
Mr. John Goralski-I want to make sure that is clear.
Councilman Monahan-But as a Town Board we have to consider
if that is over building in that area, if we permit that to
happen. One other question, was there any consideration in
taking that zone right. . .
Mr. John Goralski-As far as I know we spoke to the original
people that came in told them to go out speak to their
neighbors and include as many people as who will be willing
to be included, this is what they came back with.
Councilman Monahan-I ask that because we have gotten an
application from somebody that lives there on Saunders Road
to go to the same type of zoning and so that is why. . .the
planning board or your department looked at that whole area
overall to see if that would fit in or is there a lot of
residences there shouldn't fit in or what.
Mr. John Goralski-As a matter of fact the discussion at the
Planning Board went so far as to say they should probably
bring it all the way up VanDusen Road all the way up to
Luzerne Road. However they stuck with the application that
was in front of them and recommended approval of this
application.
Supervisor Borgos-State your name and address again, please .
Mr. Mike Baird-My name is Mike Baird, I reside at 435
Corinth Road, on the subject should this be enlarged or
whatever when I started this with said other applicants I
did not know what we should do, so we went to the Town of
Queensbury, I spoke with John, but John personally did not
really direct the whole thing mainly 99% spoke with Lee York
who is the said same planner as John, as I understand. I
laid maps out in front of her on the table with Mr. and Mrs .
Brandt and I said to Lee, I understand we that we need to
make a line we cannot just go up and say we need to change a
zone . She said yes , so I said what do you think would be a
good one, we discussed it and everything and I said shall we
go past here, no, this is good right here . After two months
of hard work all of a sudden we have train depot building up
around our neighborhood everybody is misunderstanding
everything, the Town Board people are starting to say now,
maybe we should extend it? If I had know this I would have
done it in the first place I 've got a lot of hard work in
here, I have been very diplomatic I have come to three
meetings here at the Town as I am sure you are very well
aware of that weren't even here .
Supervisor Borgos-I am not aware of what you are talking
about .
Mr. Baird-I have been sent letters , I have been called up at
my place, this is the third time I have come for the same
meeting in which tonight it really did happen. I am really
trying to be diplomatic . . . I would just like to make a point,
that I am a young person in the business area, I am not
against the residence I did not do this to be against the
residences . I wish, I like the idea of a new created zone,
I did not realize that such a thing could happen if I could
get my area or my sign business rezoned, I myself spot zone
I quote, cannot happen. I would not touch anybody else .
Believe me I want the residents on Stephanie Lane in
particular to understand that I did not point a gun down
that road by no means . But I wish they would synthesize so
their businesses, every single business except for the deli
on the Corinth Road is of a light industrial nature, no I do
not agree with the gravel pit nor a cement factory I do not
agree with a junk yard. What are the alternatives, the
bottom line now, I can already see that we are another year
later before anything, if anything gets done . I am very
upset because I , there, was a better route to take a better
avenue I would have done it. John knows, I have been up
here I am sure he hasn't smiled everyday I have walked
through the door, he knows if somebody had told me the
greater thing to do I would have done it. I was assisted,
not personally by John but say Lee York to pull a name, what
they are saying about expanding this don't do that to me
know, your people in the Planning Dept . were the ones in the
first place said, no, I asked, should we expand it, no this
is good we get this far two months later in all the work and
you know what the rest of the people do now go home, throw
my book away I do not care if it gets changed.
Supervisor Borgos-No, I think you have brought this to
everyones attention, I think I am right in presuming that
nothing is going to happen to Mr. Baird or his business, he
is there, he is pre-existing.
Mr. Baird-What if Mr. Baird would like to expand with his so
called light industrial natured business, I wish it was
highway commerical in nature and I wish that we could meet,
everything, my dad owned that store, it used to be a store
forever. All of a sudden, one year has gone by, one year,
almost to date and a month and its been changed, all of a
sudden don't let anything go back. Nothing can go back, you
are stuck with that, I can only build if I want 50% of the
size of my building. I only got a 30 x 30 what can I do
with it, I am stuck.
Supervisor Borgos-That is why we are here tonight and I am
beginning to get the feeling from listening to everybody we
may be here again with some kind of a proposal . I see this
thing as moving forward at the moment . I see some possible
compromises coming and I will check with the Town Attorney
but if for instance we were to create a new zone we could
also create new set backs and new buffer zones and those
kinds of things , we may be able to enhance the protection
for the neighbors on Stephanie Lane even beyond what it
normally would be, and beyond what it is now. So, we may be
able to accommodate everybodies wishes , we just have to find
out exactly what those are and I think we are making good
progress.
Mr. Baird-I agree with that the only nightmares is the fact i
of time. You have to understand that, already I see, I
know, I would live to see a decision made tonight but
Sm�
legally speaking, I do understand the system to a point, a
small point but I know what you are talking about a new
created zone absolutely cannot be legally done here tonight.
Supervisor Borgos-Also I understand because the Warren Co.
Planning Board not having taken action, we cannot take
action.
Mr. Baird-Can I comment, the Warren County Planning Board
for you to make a decision tonight I thought I asked each
and . every person probably sitting here in this room,
Supervisor Borgos-Not me I have never met you before.
Mr. Baird-I know that Steve but I mean I asked most of the
people I have been working with did I cover everything, can
tjis , I asked people in this room tonight can this possible
` be passed tonight, is there anything in the way? Out of
the couple of things that might get in the way that was not
one . I wanted to know so I could make that happen. Is this
not why people come to the Town of Queensbury to find out,
these people know I am not going to say names, I am not
against anybody. I would hate to think I have been jerked
around at all or mislead, maybe forgotten is a nicer word.
Supervisor Borgos-We do everything possible to help people as
much as possible but there are 12, 000 parcels in the Town
and probably half of them are in the Town process for one
thing or another so it is possible somebody omitted that. I
know it came up as I was passing somebody in the hallway
today, by the way, Warren Co . Planning has not seen that
yet, you ought to check and see if you can act on it, so I
wanted to do that.
Councilman Montesi-Mike, I guess the question that you asked
was , can they pass it tonight, that was not a real question,
can they vote on it tonight, the vote is yes or no, this
Board can vote tonight and say no, you know what we really
do not like that light industrial zone the way it is, you
can say no and say what we will do is have another public
hearing and draft a new zone for that area. We can act on
that tonight and I am not sure that is prudent. I am trying
to think of a way of saying, how do I get another zone
established with a high degree of expediency and that means
that John Goralski and Lee York have to come back to us with
some information that says , you are looking for a light
industrial zone that excludes sand and gravel , junk yard and
or cement batch plant . Is everything else suitable, yes I
think so maybe there might be a few highway commercial
things that you want to put in there that are already there .
Mr. Baird-Could I ask somebody on the board point blank you
are discussing this possibility of making a new zone , for
the record is this in fact a legal possibility? I don't
know if anybody, you have talked about this, is this
actually?
Supervisor Borgos-We never talked about this before, but
right now at this meeting, . . .
Mr. Baird-You brought it up to me .
Supervisor Borgos-It is been evolving as this meeting
progresses that is the purpose of a public hearing.
Mr . Baird-The first you said something about it, I am very
surprised, I would probably would have leaned toward said
kind of . . .
Supervisor Borgos-It seems to me a fair compromise direction
and I think. . .
Mr. Baird-Can the Town of Queensbury do that?
30A
Supervisor Borgos-I believe our Attorney will tell .
Councilman Monahan-I would say when we rezoned the whole
town we put in many new zones that we did not have before.
Supervisor Borgos-Town Attorney, what. . .
Town Attorney Dusek-You can create a new zone .
Supervisor Borgos-Thank you, we can do it .
Mr. Baird-I wish I knew this two months ago, because the
people of Stephanie Lane , I stepped on their toes I could
not go to every single person within 500 ' of .the proposed
new zone I just could not do that . -
Supervisor Borgos-This young lady behind you would like to
speak, are you finished?
Mr. Baird-Certainly.
Supervisor Borgos-You are welcome to come back again, to
come to the microphone again when we are done .
Name and address please .
Ms . Shirley Sanders-I am Shirley Sanders , I live on VanDusen
Road, I am buffering on the Sanders Road, I have a petition
in I brought up on November 9th to have my property rezoned
to light industrial .
Supervisor Borgos-Would you point our your property please?
Ms . Shirley Sanders-I have a junk yard behind my home, which
property I sold in 1985 , at that time we were light
industrial . . . (sold to Diane Carpenter) . . . I sold the
property in 1985 to Diane Carpenter at that time it was
light industrial I have property on the front, I have been
trying to sell that property I cannot get my value as a
residence because the junk yards that are around me, that
are existing. My real estate agent said if I can get the
property rezoned back to light industrial then I can get my
property value, but I cannot sell it as a residence with a
junk yard behind me, one across the street and a trailer
park across, as a residence , I do want to sell it . I had it
sold as of last year September, the man found out that the
property was going to be rezoned back to residential he
could not go to the bank and get the paper work done in
time , I lost the sale . They told me that I could not even
divide my property I have 2 . 3 acres . I have an acre that
can get off on the south side of the Sanders Road and
someone could build a house on there that I could sell and
to keep my residence they say I cannot divide it. I cannot
divide the property because . . .
Supervisor Borgos-You have a one acre parcel .
Mrs . Sanders-No, I have 2 . 3 acres, I have a 1 acre parcel
that I can sell .
Supervisor Borgos-The zoning there is single family
residential one acre? You could make two one acre parcels .
Mrs . Sanders-All right , but they tell me with the buildings
that I have now on my lot that would be left after I took
off the one acre I would be non ' conforming with the
buildings that I have . What I am asking, could that zoning
be changed, by changing the zoning that I could maybe get my
Supervisor Borgos-It could not be tonight, because you were
not included in the original petition and the notice did not
go out, but at some future point that is a possibility,
provided that your request first goes to the planning dept.
and the planning board and back here . It is in the process .
Sow.
Mrs . Sanders-Yes . My real estate agent says the property as
it lays now I can not get, I want to sell I want to get out
of there. I cannot sell my property and get any value for
it, because it is worthless with those junk yards behind me
and one on the other side .
Councilman Kurosaka-There is more down the road from you
too .
Mrs . Sanders-Yes . Clark' s, he goes twenty four hours a day
and he is now in a suburban residential area that tractor
starts up in the morning at 7 o ' clock, seven days a week.
If anybody did buy my property for a residence what would
they have to look forward to? Now, the way it stands the
junk yards are non conforming in a residential area they
would have to go out if somebody, could not resell it as a
junk yard and you are supposed to have five acres, I would
like to point out, the way the zoning reads there has to be
five acres to have a junk yard in the Town of Queensbury.
Clark' s does not have five acres .
Councilman Monahan-Does he pre-. .
Mrs . Sanders-Yes . He owned this before . Because when I
sold my property at that time in 1985 we were light industry
they told me in order to sell that property I would have to
give the man five acres to have a junk yard, so the proposed
zoning. . . if you are going to change the zoning in that area
would you please include my property . . .
Supervisor Borgos-Thank you, I am sure you will be back for
another public hearing.
Mrs . Sanders-Yes I will , its crazy we were light industry
they changed it to residential there are Clark' s got a
used car lot above me and north of me and Morris Combs has a
trucking concern north of me and now the new fire house, so
if they are going to change the zoning change it back as far
as the pole line there is a buffer there to as far as
Luzerne Road, I know probably everybody in the area would be
for it . I have put my petition in and then I have to come
before the Town Board on that, when you are changing . . . .the
zone I am asking you to .
Supervisor Borgos-You have no objection to changing it the
way it is proposed tonight?
Mrs . Sanders-Yes I do, I cannot sell my place .
Supervisor Borgos-Forgetting yours for a minute, as a
neighboring piece of property you would have no objection
. . .to make the area light industrial .
Mrs . Sanders-As far as the junk yards , yes .
Supervisor Borgos-Thank you.
Mrs . Sanders-I would like to say no they were there,
pre-existing, but I would like to see something done . I
thought eventually when the zoning changed that they would
be out of there, they are not going to be I guess .
Supervisor Borgos-Thank you.
Councilman Montesi-Mike, can I ask you just one question, I
know without thinking that the parcel of land that you said
the people were not here , you said that they were unopposed
or opposed or they did not want to make a decision on it. . .
Sod°'
Mr. Baird-I know them very dearly, personally all my life it
is just like this I sat down and I told them, I did not
sneek everthing I said this is what we are going to do, you
know, how do you feel , I tried to explain, you know we are
not going to build a business or anything we just want to
live here forever we are not going to go up and oppose it,
as far as the record is we are not going to be for it we are
just going to stay home and not say anything.
Counc4.4man Kurosaka-Be neutral .
Mr. Baird-Exactly.
Councilman Montesi-So, if it was rezoned whatever, different
from what they. . .
Mr. Baird-They already realize that it is inevitable that
its going to be rezoned.
Supervisor Borgos-I see a first time hand and then we will
have a second time hand.
Mrs . Sally Brandt-My name is Sally Brandt, I live on West
Mt . Road, when we first started to do this rezoning I got a
notice from Warren County Planning Board and I went up there
I wasn't on their agenda and I waited for a break and I said
this is what I am trying to do, do you want to talk to me
and they said no you do not need to be here we do not have
anything you have to do, so . .
Supervisor Borgos-It depends on where in the process , that
occurred and where your application was at the time, I would
presume . When was this, when you were there?
Mrs . Brandt-August, or September .
Supervisor Borgos-It probably it was not far enough along in
the process yet. I appears that it will have to go
through. . .
Councilman Kurosaka-An individual zoning change. . .
Mrs. Brandt-This zoning change has made it very difficult
for us to sell the land.
Supervisor Borgos-I think that we recognize that and I think
we are trying to find a happy medium compromise sollution,
without compromising principals and try to accomodate
everybodys needs and desires . . . Mr. Muller, we will get
back to you, one person at a time first . . .
Mr. Mike Muller-My name is Michael Muller, I came here on
another piece of business, I have been sitting on the edge
of my seat here . I wouldn' t like to either take sides for
or against what is proposed here but I would like to defend
the zoning ordinance . I served. on the zoning board since
1983, I do not know the zoning ordinance forwards and
backwards but I am familiar with it . I would like to give
the board some confidence and encouragement to stick with
the current zoning ordinance . Light Industrial may very
well be appropriate for the zone, I would like to give the
folks from Stephanie Lane assurances and that is if you look
at the light industrial list they are all subject to site
plan review. John has said it many times here this evening,
think about what site plan review is . Is that when a fellow
comes in and finds a nice piece of property he wants to put
a batch plant on it because the town had. . . expensive
controversy over a batch plant in a light industrial zone,
one of the movements toward the new zoning and new zoning
ordianance, if they had the batch plant could not go in.
. . . first site plan review would involve all the traffic t
patterns, sight considerations , environmental impacts I feel
confident in saying that you would not see a batch plant
there even though it is light industrial . Pick anyone of
Sol -
the other offensive uses that you can find on that list,
freight terminals , gravel extraction, there are some . . . in
there, but I do not expect to see those in that zone because
you are going to have a sight plan review and the assurance
that the people need from Stephanie Lane is that they will
be notice of that proceeding, they come to that planning
board meeting they will be very vocal against the proposal
and I am sure that if they are correct in their opposition
the batch plant would be turned down. I think to sit here
this evening and if you feel uncertain about your zoning
ordinance I want to give you some encouragement, it is a
solid well thought out zoning ordinance . . .the courage to
impose upon the right area light industrial . The folks from
Stephanie Lane ought to accept that as the gospel truth and
they will have the assurance and you know every member of
the board that they will get a notice when somebody wants to
put in a light industrial use that is grosly offensive to
what the zoning is apparently allowing and I think that plan
is worthy of being shot down and• it will be shot down.
Supervisor Borgos-Thank you very much. . . . I do not see any
other first time hands, Mr. Brandt?
Mr. Mike Brandt-What Mike Muller basically said, I share a
lot of his thinking there, but there is still one other
factor and that is some of the uses we look at in the
neighborhood there certainly started before I came to
Queensbury which is 1961 . I think they started there
because land was extremely cheep in those days there is a
reflection of those land costs . Today I do not believe you
could start a junk yard at the values that land sells for, I
think that economics alone dictated that some of these land
uses that are offensive will not re-occur. If you look at
the zoning regulations as they have grown there pretty
complicated. If you look at environmental impacts for a
junk yard you are dealing with oils and oil spills and
batteries and lots of things that might be toxic I think
there is an enomerous . . .that precluded someone jumping into
that lightly. Any recycing business is going to be a very
difficult business to get approvals for, you know that
better than I do . Very few of those are permitted yet and
they are very lenghtly processes to get approved. I think
that economic and existing zoning ordinance really protected
the people that need to be protected, if they are vocal and
exercise their rights in the process I am sure that everyone
will . I think that common sense and economics . . .a great
deal more than any of us realize in the process .
Supervisor Borgos-Thank you.
Mr. Pliney Tucker-Pliney Tucker, Queensbury. Technical
question, Site Plan Review, you take Web Graphics, they want
to do something to their business , would West Mt . Sales have
anything to say about it being 500 ' beyond it?
Supervisor Borgos-I would think that if somebody was more
than 500 ' if they noticed in the paper that a public hearing
was being held they are invited like any member of the
public .
Mr. John Gerloski-Exactly, it is a public hearing,' anyone
can get up and speak, people who were notified are the
people that are within 500' of the property in question and
it is also noticed in the legal notice in the Post Star at
least five days before the meeting so anyone who reads that
could come and make a statement .
Supervisor Borgos-Thank you.
Mr. Tucker-But the only people that get noticed is within
500 ' .
t
Supervisor Borgos-That would be visably mailed notice the
entire public is notified through the legal ad. Anyone
Sod
else? Last call any of the Board Members?
Councilman Montesi-One question, is the parcel of land on
Stephanie that parells Stephanie Lane in the hands of one
individual that large parcel . . .
Supervisor Borgos-I think there are several lots there?
Councilman Montesi-Mr. Winchip?
Supervisor Borgos-Is that all one piece? There are houses
built further to the north before you come to Luzerne Road
on that side.
Councilman Montesi-Ed, this is all one vacant piece of land
here?
Mr. Ed Winchip-Yes .
Supervisor Borgos-Beyond Stephanie Lane ii-self . . . . . .anyone
else, any other Board Member with a comment? Mr. Brandt,
one more time?
Mr. Paul Brandt-I agree with what was said before that any
obnixious use would be disapproved by the Board when they
came in for their review I would recommend that you vote on
the present application as it is and I think that the people
that are concerned with, protected by the present zoning
also .
Supervisor Borgos-I understand where you are coming from and
I am also resolve all the other things that have come up
tonight. Called the Public hearing to a close . 9: 48 P.M.
What is the pleasure of the Board, there are a couple of
options, go ahead and vote conditioned upon the approval of
the Warren Co . Planning Board I do not know if we can do
that legally, two, don't vote at all , vote . . .what are our
options?
Town Attorney Dusek-Basically at the moment we are having "m
trouble catching up with SEQRA process it should be if
everthing goes right ready the the next board meeting of
December 4th and then the Board could review those documents
and pass on that and then you would be in a position to vote
yes or no on this particular. . .
Supervisor Borgos-You are saying that we cannot vote
tonight.
Town Attorney Dusek-Correct .
Councilman Montesi-I realize that the map that I am looking
at, the colored map that was done by Mike, is not the
official Town Map, suppose this town board wanted to
include that parcel on Corinth Road that is now white, it
does not make sense to leave that little notch in there, it
does not make sense to me, . . . I am talking about a zone,
leave a notch there?
Councilman Monahan-It has single family residential zoning
adjoining it, it backs right up onto single family
residential .
Councilman Montesi-I would like to see that as part of the
rezoning. . . . It was advertised as being part of the . . .
Town Clerk Dougher-That parcel is in. . .
Unknown-What has to be done at the Warren County Planning
Board?
Mr. John Gerloski-The Planning Dept. will forward this
application to the Warren Co . Planning Board, they will put
this on their December agenda, that would be the second
09
wednesday of December, I am not sure what that date is , .
when they would most likely make a decision on it.
Councilman Monahan-John, you have to have the SEQRA
information to accompany the application into the Warren Co .
Planning Board?
Mr. Gerloski-We include the EAF to the Warren Co. Planning
Board in a packet however they make a recommendation only,
so I believe an interested party not an involved agency.
Councilman Montesi-John if they meet on Wednesday, December
13, and they make a decision and their decision is a
recommendation back to the Queensbury Town Board we have a
Town Board Meeting on December 18th if we were waiting for
their input that would be the day that we could vote on it
finally.
Mr. Gerloski-You would have the Warren Co . Planning Board ' s
decision before the 18th.
Councilman Montesi-The 18th is a regular schedule Town Board
Meeting.
Mr. Baird-Are you talking about voting on . . .
Supervisor Borgos-We are still looking at the option here,
Mr. Baird-Before we leave tonight, just explain what
direction you are going.
Supervisor Borgos-OK, it appears that we have conducted the
public hearing for this particular zoning request, if we
want to act on this particular one we cannot until after the
Warren Co . acts , which looks like December 18 is the first
time we could act, they meet on the 13th we have a meeting
on the 18th.
Mr. Baird-I think between everybody in this building it is
pretty much unrealistic if we are talking about creating a
new zone .
Supervisor Borgos-If we are going to create a new zone, if
we approve what you asked for it can be done on December
18th if we are going to recommend creating a new zone then
we are going to ask the Planning Dept . to come up with that
new zone, what ever it is that would then have to be given
hack to us in written form to look at and we would have to
set a public hearing . . .
Mr. Baird-Would it have to go through the Planning Board
again?
Supervisor Borgos-Probably .
Mr. Baird-I just wish I knew all this in the first place.
Councilman Monahan-You really could not know that Mike,
until the Public Hearing was held and this developes .
Mr. Baird-Well it makes a person think that they do all
this , this time, fine diplomatic , and you get here .
. . .all I want to know in which direction if it is not
feasible to wait until Dec . to vote on a light industrial if
it is better to create said new zone why not head off in
that direction and educate me now.
Supervisor Borgos-I want to find out what the pleasure of
the Board is . . . if they want to look at that possible new
zone that could be worked on in the mean time within the
next week or so I presume something could come out in a
draft form, we would be looking at that, if the Board so
desired we would set a public hearing on that. Thinks could
be moving simultanisouly and hopefully by a year from
Christmas , no, sooner than that we would have something. . .
Councilman Montesi-Mr. Mike Muller made a strong statement
saying the zoning works the ordinances work and that you
either accept or reject light industrial zone, if you accept
that zone you accept the fact that some people may still
have some residential areas that border that, that may have
some concerns but they do have the fall back that every
single item that goes on there is a site plan review.
Supervisor Borgos-And that would have to go to public
hearing to the planning board.
Councilman Montesi-If you accept that then you say well one
board members want to vote on it on the 18th if you do not
accept that then you will fool around making a new zone .
That could take conservatively three or four months by the
time you got through all the, and I am trying to be nice .
Mr. Baird-What that means that we would be looking at
Stephanie Lane do they understand, I myself, would they
accept the fact that the Town would . . .this is what we would
be asking.
Supervisor Borgos-I didn't expect Mr. Muller' s presentation,
that has changed. . .
Councilman Monahan-It hasn' t changed my mind, I 've watched
that operate .
Supervisor Borgos-I 'm trying to get a guarentee in there,
that' s my problem, a guarentee for protection and I don't
know that that guarentee is ever there a 100 percent if we
still have people a decision down the road, that I think
that' s probably what Mrs . Monahan' s looking at.
Mrs . Monahan-I 'm looking at all the court cases we 've gone
to court over.
Supervisor Borgos-Okay, we 've closed the public hearing
technicaly but certainly come up to the microphone and say
what you would like to say, identify yourself again please .
Wayne Viele, 9 Stephanie Lane-I think I probably wouldn't be
opposed to this as much as I am right now if we could
increase that buffer zone . I think, basically I think
probably speaking maybe to the majority of the people here,
that are against this , if we could possibly increase that
buffer zone, maybe doulbe, say 100 feet or a 150 feet. Is
that possible?
Supervisor Borgos-Okay the Planning Board do that under site
plan review?
Councilman Monahan-You are creating a new zone in order to
do that.
Mr. Goralski-Well the only way you could guarantee that and
mandate is by changing the zoning ordinance . However the
Planning Board does do that type of thing when there is a
objectionable use going in and the neighbors say well , if
there was a 100 foot buffer zone than we wouldn't mind it
but if the Planning Board can put a stipulation on the plans
for a 100 foot buffer zone . . . it ' s something they can do.
Councilman Montesi-John, part of the problem, normally
wouldn't effect Stephanie Lane as much, for instance the
property that is adjacent, Mr . Winchip' s property, I don't
know how wide it is but whether it ' s 50 feet or a 100 feet,
he ' s going to lose 100 feet by 1200 feet of usable land or
he ' s going to lose that to a buffer zone . It may not be as
pertitent to Mr. Winchip as it would be to Mr. Henry John,
whose lot is only 200 feet wide and he ' s going to have to
lose 100 feet of it, he ' ll never make the sign set backs or
the rear set backs . So the only thing you could do probably
legally which it would be played around, take the zone,
instead of drawing the line on the property line for
Stephanie Lane, instead of drawing it exactly on John
Crosses backyard, go in 50 feet and draw the zone 50 feet in
and that would give you 50 feet of residential . . .
Councilman Monahan-What do you mean, out of their property?
Councilman Montesi-No, No, No, the other way, the other way,
so that you'd have a 100 feet actually, it'd be ideal .
Councilman Monahan-We do not do that because that is split
zoning . We do not do that because you do not split
individual properties . I would point out to Mr. Viele , that
doubling your buffer zone is not going to keep the noise
down.
Supervisor Borgos-Technically the public hearing is closed,
we are just extending ourselves .
Mr. Ed Winchip-My name is Ed Winchip I own property that
borders Stephanie Lane . . . . . probably 220 ' across total . . .
Supervisor Borgos-It is a long narrow piece . Mr. Naylor. . .
Mr. Paul Naylor-Ward 4 Queensbury, my property is on the
corner of Corinth Road and Division Road. As Mr. Muller
stated we have a lot of back up there . Number 1 , the
Planning Board OK ' s it, if the Warren Co . Board OK' s it how
about the Town Board ok.ing it .
Supervisor Borgos-I got our message . I hereby reopen the
public hearing for a couple minutes . 9 : 50 P.M.
Mr. Henry John-There is me and one, two, I can name ten of
us, we also need a buffer zone, would you think about that
please, how you are going to do that I do not know.
Supervisor Borgos-Thank you, Mr. Muller.
Mr. Mike Muller-For the record Mike Muller, again, I want to
move back and defend that zoning ordinance . There is a 100'
buffer in there, . . . light industry it says, a 50' buffer
shall be required when adjoining residential and commercial
zones so the light industrial is going to have to have 50 '
there are still some more 50 ' there is another asteros in
suburban residential and there it says this is at three
asteros a fifty foot set back shall be required adjoining
commercial and industrial zones and Mrs . Monahan thought
that was offensive . . .
Councilman Monahan-I did not say it was offensive, I said
when you split one property owners land it has not been the
policy of this town that is what was suggested if you split
Individual properties part commercial and part residential .
Mr. Mike Muller-I do not think we want to do that, but I
want to assure you that already in the new zoning ordinance
it is going to require a 100 ' buffer where you have
residential on one side and light industrial on the other.
What more could you ask.
Supervisor Borgos-Now we are ready to close it . 9 : 50 P.M.
RESOLUTION TO TABLE
RESOLUTION NO. 655, 1989, Introduced by Mr. George Kurosaka
who moved for its adoption, seconded by Mr. Ronald Montesi :
RESOLVED, that the Town Board of the Town of Queensbury
hereby tables any action on the proposed rezoning of
'S'y
property on the Corinth Road until the 18th of December.
Duly adopted this November 20, 1.989 by the following vote :
Ayes : Mr. Kurosaka, Mr. Montesi , Mr. Borgos
Noes : Mrs . Monahan
Absent :Mrs . Potenza
Councilman Monahan-I would ask that the Planning Dept.
investigate other avenues . . .
Supervisor Borgos-I would like to look at the option of
creating a new zone .
PUBLIC HEARIN NOTICE SHOWN REZONING GLEN LAKE PROPERTY
SUPERVISOR BORGOS-Mr. Muller you are on— state you name and
address and who you represent . 9 : 58 P .M.
Mr. Michael Muller-For the record my name is Michael Muller
I represent Charles 0. Sicard I do also represent Geroge
Sicard. The applicant is correctly published in the public
notice so I will not rehash that . Basically at Glen Lake
the Lake is surrounded by a zone that can be called
Waterfront residential one acre . With the exception of on
the side that Mr. Sicard owns one portion of his piece of
property he owns is zoned water front residential three
acre . If you change from three acre down to one acre which
is the request the minimum lot size is the only thing that
changes . The set backs remain the same, percentage of the
lot to be left perimable remains the same the maximum
height of buildings remains the same the permitted uses will
be single family dwelling or hunting or fishing camps less
than 300 sq. feet that would remain the same, accessory uses
are private garages, storage sheds , swimming pools, private
boat storage, outdoor . . . court and .facilities, home _ .
occumpations, by site plan review clearing of an area
greater than one acre or private boat house and dock. So
the uses are not going to change in any way. When I first
looked at the map it was proposed we made objection on
behalf of Mr. Sicard to the town organization that was the
committee planning the stradgy on the zoning, did attend the
meeting and spoke against this many times, I consider to be
spot zone that is if they took what basically one portion of
Mr. Sicard' s oproperty and made it water front residential
three acre and yet bounded on all sides is one acre and one
acre it would be fair to say that the other two sides of his
property one would be Glen Lake itself and the other would
be the Glen Lake Road and on the opposite side of Glen Lake
Road where Mr. Sicard does own property a large piece 33
acres that was zoned water front recreational three acre and
we have no objection to that . Basically Mr. Sicard put it
in a nut shell when he said to me , Mike, why would they do
that for me because then they will have to do it for
everyone else . I explain to Charlie that they already done
it for everybody else so all you are asking is to have your
zoning conforming with the people to the left and, to the
right . That is basically our request .
Supervisor Borgos-You are saying that is the only parcel
anywhere . . . .that part of the lake or anywhere on the lake --
entirely.
Mr. Muller-No, there are two other pieces that are actually
wetlands .
Supervisor Borgos-This is not a designated wetland.
Mr. Muller-Right it is not . I have given you for the record
a photo copy of a portion of the tax map, that black dotted
line is the zoning line here . Where it says WR3A I believe
S�3
that is someones writting from the Town that is the vary
parcel we are talking about . Everthing below it everthing
above it is one acre .
Supervisor Bongos-To the left of it is another parcel he
owns that is also three A.
Mr. Muller-Right.
Supervisor Borgos-Could it be that somebody looked at this
and said gee lets have a 3A all the way down through.
Mr. Muller-If you look at it also in terms of its present
uses I think it has great limitations . If I were . . .had to
subdivide that <or somehow improve upon it, I do not think it
can be done whether it is three acre or one acre . Mr.
Sicard would like to offer this property for sale and he has
it is presently on the market, he offers that is on
the . . . .everthing that is on the south side of the road he
has offered for sale and he proposes one acre zoning or have
until the zoning change and everthing . . . .
Councilman Kurosaka-how did they go from one to three acres?
Mr. Muller-I do not know, we were a little bit upset about
it . But. .
Councilman Kurosaka-It does not look right.
Mr. Muller-No, it does not look right.
Supervisor Borgos-Maybe Mr. Gerloski could provide an
answer to that, would change the situation.
Mr. Gerloski-I was not present when they actually rezoned
this , but I asked the same question and my understanding was
that the tax map indicated that the property on Glen Lake on
the north side of Glen Lake were actually one piece of
property, so in order to not split zone that property they
made that three acres as well as the other side .
Supervisor Borgos-Are we hearing now that they are two
seperate parcels , just in common ownership. There is no
hook, no property hook on here, which would leave me to
believe that there probably two seperate parcels .
Mr. Muller-Seperated by road, but I cannot say for certain
that they are two seperate parcels , he acquired them by two
seperate deeds , they may very well have in fact been joined
by the assessor at one time .
Supervisor Borgos-They were acquired by two seperate deeds .
Mr. Muller-Yes they were . They were acquired along with it
portions of the property that is now zoned one acre .
Councilman Monahan-John what is the recommendation for the
Planning Dept. ?
Mr. Gerloski-The Planning Dept . Lee York wrote the notes and
she reviewed all the resource maps that were created 'for the
zoning ordinance and map and plan and she recommended
approval of this based on the fact that there is really no
significant difference between this parcel and the parcels
on either side. The Planning Board also agreed with the
approval .
Supervisor Borgos-Thank you. Any further discussion from
the public? Any further comments from the Board?
Mr. Muller-There is one technical aspect . The technical
aspect that I am concerned about is that the two little
square inside the larger square that belongs to George
Sicard, he is not opposed to the zoning change it would have
no impact on his parcel what so ever because he is
undersized whether it is three acre or one acre . What I
think technically speaking he is not part of the public
notice and he is never part of the request from the date it
started. So, he is certainly not .
Supervisor Borgos-So you are saying that you would like to
request the one acre for everthing except that little piece .
Mr. Muller-No, he wants to be included. Sure, I think that
would be good planning too .
Supervisor Borgos-Lets ask our Attorney, is it legally
permissible since the owner Mr . George Sicard' that little
piece was not notified, was not part of the request and the
area does not appear in the ad, may we indeed rezone this
land.
Town Attorney Dusek-No . In order to rezone a parcel you
would have to have proper public notice that, that
particular parcel is being rezoned, in this particular case
I think we just did the larger one . So, you have a chaise I
suppose, you can either re-advertise and advertise the whole
parcel or just re-advertise only for the smaller one to be
rezoned .
Supervisor Borgos-Could we act on the big piece and at some
future date act on the little piece .
Town Attorney Dusek--That would be an option except that I
should tell the Board too, that the SEQRA process on this
one is lagging at little behind as well , so you would
probably looking to act on this one December 18th as well .
So you would have time to re-advertise the small piece if
you wanted to .
Councilman Montesi-We cannot act until December 18th, could
we readvertise the smaller piece have a public hearing by
December 18th and make a decision on both?
Town Attorney Dusek-Yes .
RESOLUTION TO TABLE
RESO_LUT_ION NO. _6.56, 1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mr . George Kurosaka:
RESOLVED, that the Town Board of the Town of Queensbury
hereby tables action on the rezoning request of Charles
Sicard for Glen Lake property .
Duly adopted this 20th day of November, 1989 by the
following vote :
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
3 minute break. . . ,
OPEN FORUM
Mr. Joe Ambroscene-Resident of Peggy Ann Road Requested
lower speed limit on Peggy Ann Road from West Mt. Road .9
miles east to where the road widdens . . . submitted
petition— signed by approximately 70 residents . . .read
petition. . .The Peggy Ann area ahs grown considerably over
the past few years, causing a dramatic increase in traffic
on Peggy Ann Road. Especailly since Peggy Ann was paved
over its entire length and the two large housing
developmements were built . The current speed limit and
volume of traffic make the road unsafe and for area
residents . A recent fatality on West Mountain Road, very
near Peggy Ann, emphasizes the importance of acting now to
prevent such an occurrence on Peggy Ann. The . 9 mile
section of the road has 43 driveways and eight side streets .
This is an average of one traffic entry point every 93 feet.
Stated another way, at the current speed limit of 45 m.p.h. ,
drivers have the opportunity to encounter entering or
existing traffic every one and two fifths seconds . In
addition to the traffic , the road is shared by; children,
pedestrians, joggers, bicyclists and pets . Without a speed
limit change, the risks of experiencing a fatal accident
continue to grow. As the new housing developments move to
competion the congestion on Peggy Ann is sure to increase .
There aalso exists quite an inconsistency in ' speed limits
in this area of the town. As soon as Peggy Ann narrows and
changes into Old Forge Road as one preceeds east, the speed
limit changes to 35 m. p.h. We hope the section of Peggy Ann
described, which- also narrows significantly as soon as one
travels west from the newest section- of the road, will also
have its speed limit lowered to ensure safer conditions near
our home .
Councilman Monahan-Asked Mr. Naylor why this was not done at
the time the State came in and changed the speed limits?
Mr. Paul Naylor-Highway Supt. we tried for eight years to
get a speed limit on it finally the State graced us with 45
mph I am all for 35 no problem but the state will give us
what they will give us .
Deputy Highway Supt. Missita-All Secondary Roads are 30.
Councilman Montesi-Is it feasible to have a straight road go
from 35 to 45?
Mr. Naylor-Yes .
Mr. DuBois-180E Peggy Ann Road-noted that there is traffic
all day. . noted that there is only 3 foot difference between
the repaved area and the old area I do not think the 3 feet
should make the difference between 50 mph or 35 mph speed
limit, trucks going through are doing more than 45 mph.
Supervisor Borgos-We will put in a special request to the
Sheriff to enforce the speed limit.
Mr. . John Knoll-180F Peggy Ann Road-spoke to the board in
regard to a car accident that his wife had— supported lower
speed limit to 35, the length of the road.
Mr. Jay Marquest-185 Peggy Ann Road-Noted that there has
been radar on the road— in favor of speed limit being
lowered .
Mrs . Charlot DeBois-180 Peggy Ann Road-Like consideration to
be given that Peggy Ann is a main school bus
artery . .children safety. . .
Mr. . Ambrosier-Noted that the late bus drops the children off
at West Mt. and they walk the entire length. . .
Supervisor Borgos-requested that the Clerk make a note that
during the West Mt. Project , that trucks are not allowed on
Peggy Ann Road.
RESOLUTION TO SEND SPEED LIMIT REQUEST TO WARREN
COUNTY/STATE
RESOLUTION NO. 657, 1989, Introduced by Mr. George Kurosaka,
who moved for its adoption, seconded by Mr. Ronald Montesi :
RESOLVED, that the Town Board of the Town of Queensbury i
hereby request a lower speed limit of 35 mph from West Mt .
Road easterly 9/10 of a mile al.'ong Peggy Ann Road.
Duly adopted this 20th day of November, 1989 by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
Mr . David Kenny-Requested that the Town Board consider a
Local Law regarding PVC pipe . . .authorizing its use in
commercial buildings .
Director of Bldg. & Codes-Dave Hatin-Noted that this does
apply to one and two family dwellings under a slab also has
to be cast iron. . . noted that a letter will be going out from
the office advising local contractors of the change in
law. . .only cast iron to be used. .•. noted that some areas
require only cast iron others PVC . . .
Town Attorney Dusek-Recommended that the Town Engineer and
Town Bldg. and Code Dept . draft a proposal for changing to
PVC . . . .plus the division of Code Council would review the
matter.
Paul H. Naylor-Supt. of Highways-Requested that Local Law
No . 2 of 1982 REGULATING OVERNIGHT WINTER PARKING be
amended. . .to increase the hours . . .
Supervisor Borgos-Requested that Mr . Naylor give as soon as
possible his recommendations for the hours so an amendment
can be drafted.
Unknown-a petition was submitted to the Town Board in regard
to Sherman Island Rd. and Corinth Road where the curves
meet —has anything been done to solve the problem. . .
Discussion held. . .Town Attorney noted that he had spoken
with the owner of the property on the corner, she does not
wish to give up any land. . .will now meet with the Town
Highway Supt. to review the property to see about the
cutting of brush etc . to see if that would help the
situation. . .Councilman Montesi spoke about the redesign of
the corner. . .Supervisor Borgos-noted that he will contract
Mr. Austin in regard to the County Road . . .
Supervisor Borgos-Regarding the storm, thanked the
neighboring communities specifically the City of Glens
Falls, Niagara Mohawk, the New Media was outstanding,
Emergency Services helped greatly. . .we did open two shelters
Friday night, Queensbury Central and West Glens Falls Fire
Station and the Queensbury Center with the cooperation of
Bay Ridge Fire and Rescue
Discussion in regard to the disposal of trees and
branches . .checked with Forest Ranger under 3" we can burn
under our existing burning permit, larger logs contact local
saw mills, hardwood ca.n be cut into fire wood — noted no
stump dumps in the town. . . questioned if the Board was
willing to use the landfill to take trees and brush?
Not agreed to by the Board . . .Highway Supt . Naylor noted that
the trees ect. on town property are already taken care of
its the private property owner . . .
Open Forum Closed
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 658, 1989
w 1 Introduced by Mr. Stephen Borgos
h m
o oved for its adoption, seconded by Mr. Ronald Montesi :
RESOLVED, that the Town Board Minutes of October 2, 1989 be
and hereby are approved.
Duly adopted this 20th day of November,
are approved. 1989 be and hereby
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
Supervisor Borgos-Regarding the 1990 Budget. . .We have had 24
hours of Budget Workshops and five seperate meetings devoted
to that, in addition to meeting with each department
head. . .there are 50 funds in the Town, which could be
considered as individual businesses and over 2000 budget
.lines . At today meeting between the three of us that were
there at the suggestion of Councilman Monahan that we reduce
the appropriations of the general fund by 1%, decrease the
recommended expenditures by 1% across the Board but not
necessarily in every item, the recommendation was that this
include the general fund as technically known as the highway
.fund, the cemetery fund they are all listed as part of the
so called general fund . The reduction should then total
just over 90, 000 dollars and Mrs . Monahan' s recommendation
is that this be done at the discression of the Budget
Officer. Axe out 1% of the money at my discression. We
discussed a reduction at Mrs . Monahan' s recommendation, in
the contingency fund which this year was increased to
100, 000 at the suggestion of the State Auditors that they
did not set the number but recommended the increase, Betty I
believe you recommended reduce that by 25, 000 . . .reduced to
75, 000 that would have the effect of lowering the amount of
money we have to raise although bottom line of this whole
thing is that I am going to propose that we keep the tax
rate stable and just draw less from surplus . We discussed
an increase from 475, 000 dollars to 500, 000 dollars in the
estimated revenue from mortage tax, we got our last figures
today and for this year we are going to be at 598, 000 and
something, almost 600, 000 for this year which has turned out
to be a relatively slow last six months . Next year we would
propose to go to 500, 000 with the thought that we would have
well over that, the 500, 000 is conservative . Those are the
recommendations that came out of todays meeting.
Councilman Monahan-Read the following:
November 6th, 1989
To wham it may concern:
Once again it is budget time and I would like to take this
opportunity to thank you for your support in the past and to
ask for an increase of at least one hundred dollars . At
present we are getting $1 , 000. we are small but our patrons
are amaised at the current best sellers that we have
available . Since January 1. , 1989 we purchased over 200
adult titles our patrons are mostly summer people who own
camps or summer homes on the east side of Lake George.
However we have many year rounders in the Town of
Queensbury, Hudson Falls , Lake George Village and Pilot
Knob. We have a staff of seven volunteers who are
interested in the future of the library. Thank you for your
attention to this matter. Sincerely, Lena Chambers,
President Board of Trustees .
Supervisor Borgos-I have no problem in increasing that
portion of the budget relating to library by 100. dollars .
i
Discussion held in regard to the status of the Mt. Side
Library. . .noted that it is the consensus of the Mt. Side
Board that they will continue to operate . . . Agreed to by the
Hoard to increase Mt . Side another 100.00
Councilman Monahan-Asked that the budget be looked at
seperately from the salaries . . .asked that salaries be taken
one by one . . .
Supervisor Borgos-Suggest that his salary be done seperately
and the rest of the elected officials in one resolution.
RESOLUTION SETTING SALARY OF TOWN SUPERVISOR
RESOLUTION NO. 659, of 1989, Introduced by Mr. Ronald
Montesi who moved for its adoption, seconded by Mr. Stephen
Borgos :
RESOLVED, that the Town Board of the Town of Queensbury
hereby sets the salary for the Town Supervisor of the Town
of Queensbury for the year 1990 at $50, 000 .
The following vote was taken this 20th day of November,
1969:
Ayes : Mr. Kurosaka, Mr. Borgos
Noes : Mr. Montesi , Mrs . Monahan
Absent:Mrs . Potenza
MOTION DEFEATED
Councilman Monahan-I will go on record publically, I cannot
support a raise of one year in that percentage raise for
this job or any job in fact and I would perfer that, that
salary be set at 45, 000. because I think, it is still about
a 20% raise over the 36 or maybe it is more than 20%. I just
could not go for that type of percentage raise that is in
the budget I could if that had been announced to the people
say, last May, being announced that close before election I
really do not feel comfortable with it and I really do not
feel comfortable with it with the feed back that I have had
in my area. That is why I am taking the position that I
would perfer and I would ask Steve to agree to changing that
figure to 45, 000.
Councilman Montesi-I have a comment that a couple of months
ago Steve did ask me what I thought about salary and to be
honest with you, I said Steve I think the job is worth more
than 36, 000. whether you could go 45 , 55, 65, 70 thousand I do
not know but you better put a number on it and run it up the
flag pole and lets see what we get. Steve put 58 on this
Board sat through that discussion and dropped it back to 50.
That is what we presented to the public I would have to say
probably that was the biggest outcry other than the proposal
for selling this building and building a new complex. There
were some real strong feelings . I still think the job of
Supervisor is worth 50 thousand a year I am just not sure
that we ought to jump into that in one year. That puts me
in a percarious position because my direction to Steve was
run it up the flag pole, I have and there seems to be a lot
of tough position out there or a lot of passion, 36 to 50 is ---
a very big raise . What it should be I do not know but I
sort of have a feeling that there is a lot of public
sentiment and we should at least, I am delighted that we are
at least addressing this one last time because maybe fifteen
or sixteen people came in to talk about this and it is a
concern and if we didn't address this tonight we would be
lacks .
t
Supervisor Borgos-I do not want +o get into a long
discussion but in brief summary I did propose 58 as a
compromise, not for me but for the position, it has grown
dramatically even in two years . Its a lot of work, requires
f
�J l
a lot of background a lot of experience a lot of dedication.
Not just for me but for the future of this town unless we
can get the salaries up there we are not going to attract
qualified people to be able to do this . I do want to say, I
think there were thirteen different people who spoke at the
public hearing, three people had good things to say, ten
people had bad, negative comments most of those ten talked
about my salary in particular, those are the people that
came . I heard from people on the street for and against I
think probably the biggest problem is the differnece is the
jump the salary as it has been, has been very, very low, far
too low. We got to jump up. The Board persuaded me at a
meeting to reduce the request from 58 to 50 I asked them to
bring it to 58 to the public hearing and they said no, go to
-- 50 so we are at that point . I still believe that it is
worth every bit of 58 and perhaps even more but I think that
is enough. . .
RESOLUTION SETTING SALARIES OF ELECTED OFFICIALS
RESOLUTION NO. 660, 1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
RESOLVED, that the Town Board of the Town of Queensbury
hereby sets the salaries of the Elected Officials, excluding
Supervisor for the year 1990 as they had been advertised.
Puly adopted this 20th day of November, 1989 by the
following vote :
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent :Mrs . Potenza
Discussion held on Supervisor' s Salary
RESOLUTION SETTING SALARY FOR TOWN SUPERVISOR
RESOLUTION_ NO. 661_, 19891 Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
RESOLVED, that the Town Board of the Town of Queensbury
hereby sets the Salary for Town Supervisor for the year 1990
at $48 , 000 .00.
The following vote was taken this 20th day of November, 1989
as follows :
Ayes : Mr. Montesi , Mrs . Monahan
Noes : Mr. Borgos, Mr. Kurosaka
Absent : Mrs . Potenza
MOTION DEFEATED
RESOLUTION SETTING SALARY FOR TOWN SUPERVISOR
RESOLUTION NO. 6_62, _1989, Introduced by Mr. Ronald ,Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
RESOLVED, that the Town Board of the Town of Queensbury
-- hereby sets the Salary for Town Supervisor for the year 1990
at $49, 000 . 00.
Duly adopted this 20th day of November, 1989 as follows :
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan
Noes : Mr. Borgos `
Absent :Mrs . Potenza
RESOLUTION ADOPTING 1990 BUDGET AND SALARY SCHEDULE
�za
RESOLUTIONy NO._ 663, 1989, Introduced by Mrs . Betty Monahan
who moved for its adoption, seconded by Mr. George Kurosaka:
WHEREAS, the Town Board has met at the time and place
specified in the notice of Public Hearing on the Preliminary
Budget and heard all persons desiring to be heard thereon,
and
WHEREAS, Section 27 of the Town Law provides for the setting
of salaries of officers and employees of the Town, NOW,
THEREFORE BE IT
RESOLVED, that this Town Board does hereby adopt such
Preliminary Budget, as amended, as the Town of Queensbury
Annual Budget of 1990 and that such budget shall be entered
in the minutes of the proceedings of the Town Board, and be
it further
RESOLVED, that the amendments to the Budget shall hereby be
as follows :
1 . Salaries for Elected Officials Supervisor 49, 000 .00 per
annum, Town Councilman (4) 8, 500 .00 each per annum, Town
Clerk 32, 000. 00 per annum, Supt . of Highways 44, 000 . 00 per
annum, Town Justices (2) 21 , 500. 00 each per annum
2 . Reduce the appropriations of the general fund (General ,
Highway and Pine View) by 1% at the discression of the
Budget Officer.
3 . Reduce by 25, 000 . 00 the contingency
4 . Increase to 500, 000 the estimated revenue of Mortage Tax
5 . Increase $100. 00 to the Library line, this 100. 00
increase will be added to the funds for Mt . Side Library now
totaling $1100. 00
6 . Raise by tax 480 , 483 . which will keep the tax rate at 44
cents per thousand
RESOLVED, that the Town Board of the Town of Queensbury
hereby adopts the 1990 salary schedule included in the 1990
Adopted Budget, and be it further
RESOLVED, that the Town Clerk of this Town shall prepare and
certify duplicate copies of said Annual Budget as adopted by
the Town Board together with estimates , if any, adopted
pursuant to Section 202A Subdivision 2 of the Town Law and
deliver one copy thereof to the Supervisor of this Town to
be presented by him to the Board of Supervisors of the
County.
Duly adopted this 20th day of November, 1989 by the
following vote :
Ayes : Mr. Kurosaka, Mr . Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
(See Exhibit AA) _
RESOLUTION TO TRANSFER FUNDS
RESOLUTION---NO._664, _ 1989, Introdi-iced by Mr. George Kurosaka
who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS, certain Departments in the Town of Queensbury wish t
to transfer funds because of a. lack of funds in certain
accounts , and
WHEREAS, the Town Supervisor of the Town of Queensbury has
say
reviewed the Department ' s requests for transfers of certain
funds and has approved the same,
NOW, THEREFORE BE IT
RESOLVED, that the following funds be transferred in the
following manner:
WASTEWATER DEPARTMENT
From: #S4 3858130176 TO: #S4 3858130440 7, 200 . 00
Maintenance Man Contractual
BUILDING & CODES
From: #A2158010413 TO: #A2158010200 300. 00
Legal Services General Equipment
CEMETERY
From: #H39 99 2 0902 TO: #H392458810 . 202 10, 346.00
Designated Fund Bal . Equip. Reserve Fund
Duly adopted this 20th day of November, 1989 by the
following vote :
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
RESOLUTION AUTHORIZING THE PURCHASE OF A CONCRETE BOX
CULVERT BRIDGE AND PAYMENT OF ASSOCIATED ENGINEERING AND
OTHER COSTS TO REPLACE AN EXISTING BRIDGE ON CRONIN ROAD IN
THE TOWN OF QUEENSBURY AT A MAXIMUM ESTIMATED COST OF
$50, 000.00 AND AUTHORIZING THE ISSUANCE OF 50, 000.00 IN
SERIAL BONDS OF SAID TOWN OF QUEENSBURY TO PAY PART OF THE
COSTS THEREOF AND AMENDING RESOLUTION NO. 590 OF 1989 TO
REJECT THE CHANGES STATED HEREIN
RESOLUTION NO. 665, 1989, Introduced by Mr. George Kurosaka
who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS, the Town Board of the Town of Queensbury is
desirous of authorizing the purchase of a concrete box
culvert bridge and payment of associated engineering and
other costs to replace an existing bridge on Cronin Road in
the Town of Queensbury and amending Resolution No . 590 of
1989,
NOW, THEREFORE BE IT
RESOLVED, by the Town Board of the Town of Queensbury as
follows :
SECTION 1 . The specific object or purpose to be financed
pursuant to this resolution is the purchase of a three sided
concrete box culvert bridge and payment of engineering and
other associated costs .
SECTION 2 . The maximum estimated cost of such object or
purpose of $50, 000. 00 and the plan for financing thereof is
the issuance of $50 , 000 . 00 serial bonds .
SECTION 3 . It is hereby determined that the period of
probably usefulness of the aforesaid specific object or
purpose is 20 years , pursuant to Subdivision 10 of Paragraph
A of Section 11 of the Local Finance Law of the State of New
York. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized shall not
exceed five years and that a five-percent down-payment is t
not required therefore pursuant to Section 107 (d) (4) of
the local Finance Law.
SECTION 4. The faith and credit of the said Town of
Queensbury, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such bonds as
the same respectively become due and payable . An annual
appropriation shall be made in each year sufficient to pay
the principal of and interest on such bonds becoming due and
the principal of and interest on such bonds becoming due and
payable in such year. Unless paid from revenues derived
from the aforesaid specific object or purpose, there shall
annually be levied on all the taxable real property of said
Town of Queensbury a tax sufficient to pay the principal of
and interest of such bonds as the same become due and
payable .
SECTION 5 . Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation 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 $hall be of such terms,
form and contents , and shall be sold in such manner, as may
be prescribed by said Town Supervisor, consistent with the
provisions of the Local Finance Law.
SECTION 6 . This resolution shall be subject to permissive
referendum in accordance with New York State Local Finance
Law, Section 35, and Town Law, Article 7, and the Town Clerk
of the Town of Queensbury is hereby authorized and directed
to publish and post such notice of this resolution as may be
required by law.
SECTION 7 . To the extent that Resolution No . 590 adopted by
the Town Board of the Town of Queensbury on October 16, 1989
varies from the above resolution, the same is repealed and
modified or amended as stated herein.
Duly adopted the 20th day of November, 1989 by the following
vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TRAFFIC
SIGNAL AT B)V AND HAVILAND ROAD
RESOLUTION NO_ 666, _1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mr. George Kurosaka:
WHEREAS , the Town Board of the Town of Queensbury is
desirous of contracting for the Bay and Haviland Road
Traffic Signal Contract, as generally identified in the
proposed contract documents submitted to this meeting, and
WHEREAS, pursuant to Section 103 of the General Municipal
Law, it is necessary to advertise for bids and award the
said proposed contract to the lowest responsible bidder
meeting New York State Statutory Requirements, and the
requirements set forth in the bid documents presented at
this meeting,
NOW, THEREFORE BE IT
RESOLVED, that an advertisement for bids for the Bay and
Haviland Road Traffic Signal , such contract consisting of
furnishing all labor, materials , tools, and equipment for
the installation of a traffic signal at Bay and Haviland
Roads, as set forth in contract and bid documents presented
at this meeting, be published in the official newspaper for
the Town of Queensbury and that such advertisement indicate
that bids will be received at the Office of the Town Clerk
of the Town of Queensbury, at any time , until , but not later
than December 8th, 1989 at 2 : 00 p .m. and that the bids will
be publicly opened and read at 2 : 05 p.m. by the Town Clerk
of the Town of Queensbury, and such advertisement shall
S03,
indicate that the Town Board of the Town of Queensbury shall
have the right, at its discretion, to reject all bids and
re-advertise for new bids as provided by the laws of the
State of New York, and
BE IT FURTHER
RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town
of Queensbury, is hereby authorized to open all bids
received at the Office of the Town Clerk of the Town of
Queensbury, at 2 : 05 p.m. December 8th, 1989 read the same
aloud, and make record of the same as is customarily done,
and present the bids to the next regular or special meeting
of the Town Board of the Town of Queensbury.
Duly adopted this 20th day of November, 1989 by the
following vote :
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent : Mrs . Potenza
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITIONS FOR
CHANGE OF ZONE TO PLANNING BOARD OF THE TOWN OF QUEENSBURY
RESOLUTION NO._ 667, 1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mr. George Kurosaka:
WHEREAS , the Town Board has previously approved a form
entitled "Petition For a Change of Zone" for rezoning
matters , and has directed that the same be used for
re-zoning requests, and
WHEREAS , the Town Attorney has recommended that any and all
applications for rezoning must first go to the Planning
Department and Planning Board for recommendations regarding
the same, and
WHEREAS, following such recommendations , the Town Board of
the Town of Queensbury will then review the Zoning
Applications and take such other action as it shall deem
necessary and proper,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby authorizes and directs that the following application
be submitted to the Planning Board for the Town of
Queensbury for report and recommendation:
Ethel M. Bascom Trust
Duly adopted this 20th da.y of November, 1989 by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mr . Montesi , Mr. Borgos
Noes : None
Absent:Mrs . Potenza ,
RESOLUTION SETTING PUBLIC HEARING ON IMPROVEMENTS TO
QUF.ENSBURY CONSOLIDATED WATER DISTRICT -FOUNDATION ANT)
PURCHASE OF BUILDING TO HOUSE EMERGENCY ELECTRICAL GENERATOR
RESOLUTION_ NO_�668, 1989, Introduced by Mr. Ronald Montesi
._...._... ..
who moved for its adoption, seconded by Mr. Stephen Borgos :
WTTERFAS , the Town Board of the Town of Queensbury is
desirous of making certain improvements to the Queensbury
Consolidated Water District, consisting of the construction
of a foundation and the erection of a pre-engineered steel
building to house an emergency generator adjacent to the
water treatment plant in the Town of Queensbury, the
5
construction of the foundation and the building to be
purchased being more particularly described in specification
and. plans drafted by Rist-Frost Associates, PC, and
presented to this meeting, and
WHEREAS, the reason for the proposed project and an
evaluation of the expenses to be incurred as follows :
1 . The purpose of the project Is to provide a facility
which will house an emergency generator which will provide
emergency electrical power to operate the water treatment
plant during periods of electrical service outage . It will
allow the plant to continue to operate at partial capacity
and help to maintain water supplies during periods of long
power outages in order to provide reasonable assurances that
the needs of residences and emergency service agencies , such
aq firA protection agencies , be accommodated ;
2 . The proposed expense in connection with the foundation
and generator building, is part of a more complete project
which will , involve the hookup of the emergency generator to
the plant . There will be more expenses associated with the
project, but in order to facilitate this matter and provide
for the construction of the foundation before the weather
does not permit the same, the Town Board is desirous of
proceeding with this phase of the work at this time; and
WHEREAS , the maximum amount proposed to be expended at this
time for the improvements indir,ated, shall not exceed the
slim of $70 , 000, and
WHEREAS , the expense occasioned by the said improvements to
the Quaker Road transmission main is to be assessed, levied
and collected form several Into and parcels of land within
said consolidated water district and extensions thereof,
and proportioned as nearly may be to the benefit which each
lot or parcel of land in said district will derive
therefrom,
NOW, THEREFORE, BE IT -
ORDERED, that a meeting of the Town Board of the Town of
Queensbury be held in the Queensbury Center, Bay at Haviland
Road, Queensbury, New York on the 4th day of December, 1989
at 7 : 30 P .M. to consider said improvement and to hear all
persons interested in the subject thereof concerning the
same, and said improvement project as may be required by
law, and be it further
ORDERED, that the Town Clerk of the Town of Queensbury give
notice of such hearing by publishing in the official
newspaper of the Town of Queensbury as certified copy of
this resolution and by posting a certified copy of this
resolution on the Town Clerk' s signboard maintained in
accordance with section 30 of the Town Law of the State of
New York not less than ten or more than twenty days before
such hearing.
Duly adopted this 20th day of November, 1989, by the
following vote : ,
Ayes : Mr . Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None -°
Absent :Mrs . Potenza
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR QUEENSBURY
CONSOLIDATED WATER DISTRICT CONTRACT NO. 1 - FOUNDATION FOR
THE WATER TREATMENT PLANT GENERATOR BUILDING
RESOLUTION NO. 669 1989 Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mr. George Kurosaka:
WHEREAS , the Town Board of the Town of Queensbury is
Sa S
desirous of constructing a foundation for an electrical
tuilding for Water Treatment Plant, Contract No . 1 , such
contract more specifically identified in the proposed
contract and bid documents submitted to this meeting, and
WHEREAS , pursuant to Section 103 of the General Municipal
Law, it is necessary to advertise for bids and award the
said proposed contract to the lowest responsible bidder
meeting New York State .Statutory Requirements, and the
requirements set forth in the bid documents presented at
this meeting.
NOW, THEREFORE BE IT
RESOLVED, that an advertisement for bids for the said
Queensbury Consolidated Water District Contract No . 1 -
Foundation for the Electrical Generator Building, be
published in the official newspaper for the Town of
Queensbury and that such advertisement indicated that bids
will be received at the Office of the Town Clerk of the Town '
of Queensbury at any time , until , but not later than,
December 8th, 1989 at 2 :00 p.m. and that the bids will be
publicly opened and read at 2 : 05 p.m. , by the Town Clerk of
the Town of Queensbury, and such advertisement shall
indicate that the Town Board of the Town of Queensbury shall
have the right, at its discretion, to reject all bids and
re-advertise for new bids as provided by the laws of the
State of New York, and
BE IT FURTHER
RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town
of Queensbury, is hereby authorized to open all bids
received at the Office of the Town Clerk of the Town of
Queensbury, at 2 :05 p.m. , December 8th, 1989, read the same
aloud, and make record of the same as is customarily done,
and present the bids to the next regular or special meeting
of the Town Board of the Town of Queensbury.
Duly adopted this 20th day of November, 1989 by the
fallowing vote :
Ayes : Mr. Xurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent : Mrs . Potenza
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF
ROAD DEDICATION
RESOLUTION_NO. 670, 1989, Introduced by Mr. Ronald Montesi
who moved far its adoption, seconded by Mr. Stephen Borgos :
WHEREAS, the Town Board of the Town of Queensbury is
considering the acceptance of Old Mill Lane and Fairwood
Drive offered for dedication by Louis L. Masullo and Carmine
L. Masullo d/b/a C&l. Realty Associ.ates , and
i
WHEREAS, the Town Board of the Town of Queensbury is duly
qualified to act as lead agency with respect to compliance
with SEQRA which requires environmental review of certain
actions undertaken by local governments, and
WHEREAS , the proposed action is an unlisted action pursuant
to the Rules and Regulations of the State Environmental
Quality Review Act,
NOW, THEREFORE BE IT
PESOLVED, that the Town Board after considering the action
proposed herein, reviewing the Environmental Assessment
Form, reviewing the criteria contained in Section 617 . 11 ,
and thoroughly analyzing the project with respect to
potential environmental concerns, determines that the action
will not have a significant effect on the environment, and
BE IT FURTHER
RESOLVED, that the Town Board hereby finds that the proposed
responses inserted in Part II of the said Environmental
Assessment Form are satisfactory and approved, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby authorized and
directed to complete and execute Part III of the said
Environmental Assessment Form and to check the box thereon
indicating that the proposed action will not result in any
significant adverse impacts , and
BE IT FURTHER
RESOLVED, that the annexed Negative Declaration is hereby
approved and the Town (Clerk) is . hereby authorized and
directed to file the same in accordance with the provisions
of the general regulations of the Department of
Environmental Conservation.
Duly adopted this 20th day of November, 1989, by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
(Neg. Declaration on file)
RESOLUTION ACCEPTING DEDICATION OF OLD MILL LANE AND
FAIRWOOD DRIVE
RESOLUTION_ NO. _671 ,_ 1989,. Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded. by Mr. George Kurosaka:
WHEREAS , Louis L. Masullo and Carmine L . Masullo, d/b/a C&L
Realty Associates, have offered to dedicate to the Town of
Queensbury two roads known as Old Mill Lane and Fairwood
Drive in phase III of the Dixon Heights Subdivision, which
are more particularly described in the survey map and deed
presented at this meeting, and
WHEREAS , Paul H. Naylor, Superintendent of Highways of the
Town of Queensbury has advised that he has inspected the
same roads proposed to be dedicated to the Town of
Queensbury and that he finds the same in their current
condition to meet the appropriate Town of Queensbury
specifications ` with the exception of application of the
final blacktop surface, and that the amount of $13, 740 . 00 as
provided in a letter from Edward & Thomas O'Connor, Paving
and Gravel , will be satisfactory to provide for the final
surfacing of the said roads , and
WHEREAS, Thomas K. Flaherty, Superintendent of Water of the
Town of Queensbury, has advised that he has made an
inspection of water mains and appurtenances along said roads
proposed for dedication and finds that the installation is in
accordnnce with the requirements of the Town of Queensbury
Water Department, and that said installation is approved,
and
WHEREAS , the form of the deed, title , affidavit promising to
complete the roads , and letter of credit have been reviewed
and approved by Paul B. Dusek, Town Attorney for the Town of
Queensbury,
NOW, THEREFORE BE IT
RESOLVED, that the aforementioned deeds for dedication of
the said roads be and the same are hereby accepted and
approved and that the Town Clerk is hereby authorized and
say
directed to cause said deed to be recorded in the Warren
County Clerk' s Office after which said deed shall be
properly filed and maintained in the Office of the Town
Clerk of the Town of Queensbury, and
BE IT FURTHER
RESOLVED, that. the letter of credit in the amount of
$1.3 , 740 .00 and affidavit where in the developer promises to
complete the roads within one year be accepted, and
BE IT FURTHER
RESOLVED, that the Town Clerk retain and file said letters
of credit and affidavit and that the roads be hereby added to
+he official inventory of the Town Highways to be described
as follows :
DESCRIPTION: f Loop road extending northerly from Fairwood
Drive
NAME: Old Mill Lane
FEET: 664'
ROAD NO. : 425
DESCRIPTION: A connecting .road extending northwesterly from
Dixon Road
NAME: Fairwood Drive
FEET: 840'
ROAD NO. : 465
Duly adopted this 20th day of November, 1989, by the
foll.owinq vote :
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
RESOLUTION ADOPTING DETERMINATION OF NON—SIGNIFICANCE OF
ROAD DEDICATION
RESOLUTION NO. 672,--198,9-,- Introduced by Mr . Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
WHEREAS , the Town Board of the Town of Queensbury is
considering the acceptance of Foothills Road, offered for
dedication by Richard and Katherine Rozell , and
WHEREAS , the Town Board of the Town of Queensbury is duly
qualified to act a lead agency with respect to compliance
with SFQRA which requires environmental review of certain
actions undertaken by local governments, and
sad
WHEREAS, the proposed action is an unlisted action pursuant
to the Rules and Regulations of the State Environmental
Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board, after considering the action
proposed herein, reviewing the Environmental Assessment
Form, reviewing the criteria contained in Section 617 . 11 ,
arid thoroughly analyzing the project with respect to
potential environmental concerns , determines tht the action
will not have a significant effect on the environment, and
BE IT FURTHER —
RESOLVED, that the Town Board hereby finds that the proposed
responses inserted in Part II of the said Environmental
Assessment Form are satisfactory and approved, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby authorized and
directed to complete and execute Part III of the said
Environmental Assessment From and to check the box thereon
indicating that the proposed action will not result in 'any
significant adverse impacts, and
RE IT FURTHER
RESOLVED, that the annexed Negative Declaration is hereby
approved and the Town Clerk is hereby authorized and
directed to file the same in accordance with the provisions
of the general regulations of the Department of
Environmental Conservation.
Duly adopted this 20th day of November, 1989 by the
following vote:
Ayes : Mr . Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent : Mrs . Potenza
(Negative Declaration on file)
RESOLUTION ACCEPTING DEDICATION OF FOOTHILLS ROAD S a� 19910
*1, ,%4 I
RESOLUTION NO._ 673, 1989, Introduced by Mr. Ronald Montesi
who moved for its adoption, seconded by Mrs . Betty Monahan:
WHEREAS, Richard and Katherine Rozell have offered a deed to
dedicate to the Town of Queensbury Foothills Road, which is
more particularly described in the survey map presented at
this meeting and the original deed being presented to this
rneeting, and
WHEREAS , Paul H. Naylor, Superintendent of Highways of the
Town of Queensbury has advised that fie has reviewed
inspection reports concerning the construction of and,
specifications of the said road proposed to be dedicated to
the Town of Queensbury and he has zaised no objection to
acceptance of the same, and
WHEREAS , Thomas K . Flaherty, Superintendent of Water of the
Town of Queensbury, ha.s advised that he has made an
inspection of water mains and appiirt.enances along said road
proposed for dedication and finds that the installation is
in accordance with the regl.zirements of the Town of
Queensbury Water Department, and that said installation is
approved, and
WHEREAS, the form of the deed and title to the road offered
for dedication have been reviewed and approved by Paul B.
Dusek, Town Attorney for the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury has
considered the environmental effects of the proposed action
by previous resolution and issued a negative declaration
pursuant to the State Environmental Quality Review Act,
NOW, THEREFORE BE IT
RESOLVED, that the aforementioned deed for dedication of the
said road be and the same is hereby accepted and approved
and that the Town Clerk is hereby authorized and directed
to cause said deed to be recorded in the Warren County
Clerk' s Office after which said deed shall be properly filed
and maintained in the Office of the Town Clerk of the Town
of Queensbury, and
BE IT FURTHER
RESOLVED, that the road be hereby added to the official
inventory of Town Highways, to be described as follows :
Road Number: 466
Description: A loop road extending westerly from Corinth
Road
Name : Foothills Road
Peet: 980
Duly adopted this 20th day of November, 1989 by the
following vote:
Ayes : Mr. Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent:Mrs . Potenza
RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RESOLUTION NO. 674, 1989, Introduced by Mr. Ronald Montesi
-- __- --------------- ----------------
who moved for its adoption, seconded by Mr . George Kurosaka:
RESOLVED, that Audit of Bills as listed on Abstract dated
November 20, 1989 and number. 89-3610 - 89-4388 and
totaling $47, 262 . 57 be and hereby is approved .
Duly adopted this 20th day of November, 7.989 by the
following vote :
Ayes , Mr . Kurosaka, Mr. Montesi , Mrs . Monahan, Mr. Borgos
Noes : None
Absent :Mrs .Potenza
Discussion regarding State Police Project . . .
Town Attorney Dusek-spoke about the bonding for the ,project
with Hill.Top Const . . . . some options : 1 . some authority to
-.feat the situation as an emergency under General Municipal
Law 103 2 . go to next highest bidder 3 . have Town
— Employees do the work
Noted that Kathleen has put together the sewer rent
proposals on rate structures , we will get it to you
tomor.row. . .
On motion the meeting was adjourned .
Respectfully submitted,
Miss Darleen M. Dougher i
Town Clerk-Queensbury