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2000-11-27 SP SPECIAL TOWN BOARD MEETING NOVEMBER 27,2000 7:15 p.m. MTG.#53 RES. 470-475 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER 3.0RESOLUTIONS 3 .IResolution supporting inclusion of Queensbury Sandplains Karner blue Recovery Unit and Karner Blue State Recovery Plan in New York State Open Space Plan QUEENSBURY PLANNER MS. MARILYN REBA-I just distributed copies of a resolution from the Planning Board this was discussed last Tuesday evening and the Planning Board made a resolution to encourage the support of the Town Board of provide DEC with a letter. At the beginning of the month Supervisor Brower and I met with Kathleen O'Brien from DEC Endangered Species Unit and at that point Ms. O'Brien gave us copies of the draft Karner Blue Queensbury Sandplains Recovery Unit and a plan to get the status of the Karner Blue Butterfly into recovery and not into an endangered species status. That was part of the meeting, what she was trying to also tell us was in addition to recovery plans that DEC is working on, that is they are going around to nursery and explaining the types of plants that are needed and the type of requirements that are needed to the Karner Blue Butterfly to exist in the area. This mapping and plan was going to go to the New York State Open Space Plan if there was support from all the communities involved. That would include Saratoga County as well as Queensbury and part of Warren County. The reason why it is important to have this in the New York Open Space Plan is because right now the only thing in Queensbury that is in the New York Open Space Plan is the Big Cedar Swamp. Items need to be prioritized so that any money that is available through the New York State Bond Act for example could be applied for. This goes hand and hand with the start of the Queensbury Land Conservancy which has had a couple of meetings and things are going well there. So, if there inclusion of the recovery unit area in the open space plan it does not mean that the Town is obligated to do anything but the fact that it would be in the N.Y. State Open Space plan that allows for example, the Queensbury Land Conservancy decided that some lands along the power lines for example, were priority habitat and that was something they were interested in applying for money to acquire then they would be able to because this plan would be in the NY State Open Space Plan. So, I think that is what Kathleen was looking for during here visit was to get support from the Town to do that, as well as to let us know that they are working toward recovery of this endangered species. The map shows quite a wide spread area, this maps shows where there are existing sites where there are unoccupied sites where Lupine exists which is their feeding plant. Open area where there could be recovery such as sand pits areas with agriculture other open area. This is in digital format and Kathleen O'Brien did say that she would make sure the Town got a copy of this information, which is great so we can put it in the GIS system and then see how it comes up with some of the other for example municipal homes lands or government owned lands and the green way and see how it connects. COUNCILMAN MARTIN-Just to have the information once we have it on the GIS we can see how this relates to parcels and see what parcels are within the habitat sites. We might want to extend a letter of thanks to the Curtis Lumber Corp. thanking them for their money and explaining to them the practical effect of what has happen with the donation that they made to the Town. MR. JOHN SALVADOR-Noted this was going on when he served on the Comprehensive Land Use Plan. . . this map it not the total town, my understanding was that this funding was going to take care of all of Queensbury. . COUNCILMAN MARTIN-The project boundary for the study was town wide the project, this is a DEC map this is their project boundary definition, the study was town wide as I recall. MR. SALVADOR - We need to know that there are no potential sites. COUNCILMAN MARTIN-That is in the report and confirmed. MR. SAL V ADOR- What is the recovery program? COUNCILMAN MARTIN-That is discussed here. . . (report) SUPERVISOR BROWER-They are trying to get area nursery to make available the types of plants that support and sustain this butterfly. They are trying to get the neighbors around these sites aware of the fact they do have sites in their vicinity and encourage them to make plantings. COUNCILMAN MARTIN-There is a two point recovery strategy listed here, I will read it "the strategy to recover the Karner Blue Butterfly in New York is essentially two fold, stabilize existing Sub-populations to halt the decline of the species, two; establish viable populations by increasing the number of butterflies in sub-populations improving existing habitats and creating new habitat and connecting habitats sites to allow natural movement between colonies. MR. SALVADOR-Curtis funding this study, the flip side of that funding was their permit to proceed with their development, questioned if the sites around them will they be encumbered from future development because their land has been mapped here as a potential. COUNCILMAN MARTIN-No the only things that I see as potential are the unoccupied Lupine Sites would be obvious potential sites. The Curtis Lumber site as I see it here is referenced as an open area or shrub area based on the colorization shown. MR. SAL V ADOR-Ifthese are private parcels ofland these people should know, how are we conveying that? Before you adopt this do these people know the encumbrance their land is going to get? They are going to be prohibited from developing maybe. COUNCILMAN MARTIN-I do not see this as an encumbrance beyond what already exists in law, this is a Federal protected species already. MR. SALVADOR-Noted this is now mapped, and these people are on notice that there would be an encumbrance on their property. COUNCILMAN MARTIN-Not now, it always was every since this was listed as a Federally protected species, it is not because of this action. Requested that Marilyn generate out of the GIS system the number of parcels that we have. . . MR. SALVADOR-Questioned if the parcels listed will get a tax assessment reduction because of this? COUNCILMAN MARTIN-That is up to Helen Otte. RESOLUTION SUPPORTING INCLUSION OF QUEENSBURY SANDPLAINS KARNER BLUE RECOVERY UNIT AND KARNER BLUE STATE RECOVERY PLAN IN NEW YORK STATE OPEN SPACE PLAN RESOLUTION NO: 470.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the New York State Department of Environmental Conservation (DEC) has prepared a draft Karner Blue State Recovery Plan and Map of the Queensbury Sandplains Recovery Unit, and WHEREAS, a revised New York State Open Space Plan will be adopted in early 2001, and, WHEREAS, protection of the endangered Karner Blue Butterfly and its habitat is a recommendation of the Town of Queensbury's duly adopted 1998 Comprehensive Land Use Plan (CLUP), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports inclusion of the Karner Blue State Recovery Plan and Map of the Queensbury Sandplains Recovery Unit in the New York State Open Space Plan, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any documentation and/or take any action necessary to effectuate the terms of this Resolution.. Duly adopted this 27th day of November, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Discussion held after vote: Ms. Reba- I just want to clarify a couple of things. The study did cover the entire Town of Queensbury this map is what is quantified from that study. The value of the study is not taking away development but educating people for example if there is Lupine in their yard to not put grass clippings to cover it, it can be a simple condition as that and that is certainly not taking away anyone's development rights. RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 471. 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State General Municipal Law ~9-A, the Queensbury Town Board is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Comptroller to temporarily advance funds to the capital project fund as needed, up to the maximum amount indicated, as set forth below: FROM: TO: $ AMOUNT Queensbury Water Fund Greenway Water Construction Capital Project $ 190,000. and BE IT FURTHER, RESOLVED, that the Town Comptroller shall keep suitable records and arrange for the repayment of the temporary advances as soon as available and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of November, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #123 - GREENWAY WATER MAIN CONNECTION RESOLUTION NO.: 472.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 403.2000, the Queensbury Town Board authorized the replacement/installation of water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury, authorized funding for the project and specifically awarded the bid for the general contract to Jenkins Excavating, Inc. for an amount not to exceed $190,000, and WHEREAS, by Resolution No.: 404.2000, the Queensbury Town Board authorized the issuance of $190,000 serial bonds to finance the replacement/installation of water mains project, and WHEREAS, the Town Board wishes to establish a Capital Project Fund to fund all expenses associated with this project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as "Greenway Water Main Connection Capital Project Fund #123," which Fund will establish funding for all expenses associated with the replacement/installation of water mains in the vicinity of Greenway Drive, Carlton Drive, Greenway North and Glendale Drive in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations for the new Capital Project Fund #123 in the amount of $190,000, the source offunding to be $190,000 from the issuance of serial bonds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller's Office to execute any documentation and take such action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 27th day of November, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING TEMPORARY WAGE INCREASE TO MICHAEL LOPEZ FOR TEMPORARY INCREASE IN RESPONSIBILITIES AT PINE VIEW CEMETERY RESOLUTION NO. 473. 2000 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Cemetery Superintendent, Rodney Mosher, is currently on extended medical leave due to illness, and WHEREAS, during Mr. Mosher's absence, the Working Foreman, Michael Lopez, has taken on extra responsibilities and has been performing additional duties, and WHEREAS, the Town Board wishes to compensate Mr. Lopez for these extra responsibilities while Mr. Mosher is out of work, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase of an additional $1 per hour to Michael Lopez to be deemed to have taken effect as of October 30th, 2000 for extra responsibilities assumed during the Cemetery Superintendent's current medical absence, and BE IT FURTHER, RESOLVED, that this temporary wage increase shall terminate immediately upon the Cemetery Superintendent's return to work or at such time as the Town Board shall otherwise determine, whichever occurs first, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that this temporary wage increase shall not set any precedent for this position or any other similar situation with any other Town employee, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of November, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 4.0DISCUSSIONS 4.lHOLIDA Y SEASON BEAUTIFICATION PROJECT Ms. Reba-Beautification Committee - The Beautification Committee wants to put a tree a ten foot Norway spruce on the corner oflands owned by the Town of Queensbury on the Bay Road and Quaker Road corner with some lighting. Where it is going to be placed it not permanent it will stay within its cage, it needs to be a little bit closer because there will be convenience outlet at the pole because of lighting. Noted there are on going discussions with Chuck Rice and the Supervisor regarding lighting etc. 4.2Discussed under 1.1 Resolution 2.3 (See Discussion after 2.4) 2.5PROPOSED REZONING PROPERTY AT RIDGE AND QUAKER ROADS FROM LIGHT INDUSTRIAL TO HIGHWAY COMMERCIAL Attorney John Lapper-Representing the owners who own Mark Plaza on Quaker Road.- Described as two parcels heading east from Ridge Road they own the Bike Shop Building on the corner and that is not included in this and then it is the next two parcels. The primary parcel for development would be parcel 28.1,21.13 acre parcel. In terms of the comprehensive plan for the Town, Quaker Road is the Commercial Corridor and this small light industrial piece is sort of miss placed I think because we have got land conservation behind and just in general with the traffic counts on Quaker Road this has been where the Town and has been channeling the Commercial Development. We have K-mart and Earltown property to the east of the site and all of the Commercial to the west. It is in the Sewer District, there has been a for sale sign on the property for years and nothing has happened as light industrial. Questioned if there is interest on the Board to rezone it to commercial? COUNCILMAN TURNER-That did get caught up in the rezoning in 88' I think because the rest of it behind it is light industrial there was never anything there anyway. This should be highway commercial. ATTORNEY LAPPER-Total acres-21 We did not ask for the piece in the center to be included that is Land Conservation 10 acres, that is wetland. COUNCILMAN BREWER-Why all of a sudden is there a need to rezone it? ATTORNEY LAPPER-Unfortunately there is not a lot of demand for industrial property in the Town. COUNCILMAN BREWER-Do you have something in mind that might go there? ATTORNEY LAPPER-Absolutely nothing, this is a question of trying to market it to somebody. MR. BOB SEARS-Realtor-Noted a couple of years ago we asked in the new master plan that this be changed to commercial, at that time we were given a verbal response saying there should be no reason why we shouldn't be able to change it to commercial, that was given by the committee. . . no formal vote given. Noted that the Town is going through a new Master Plan and we thought it would be timely to talk to you about this issue. Because of the traffic counts and where it is located and how it is situated it would be logical to rezone that property highway commercial. COUNCILMAN MARTIN-Have you made this appeal to the Zoning Revision Committee? MR. SEARS-Who is that? COUNCILMAN MARTIN-There was a Committee that did the Comprehensive Plan that was done and adopted, on the heals of that is a committee that is over seeing a brand new zoning code and we have gotten a preliminary look at that made some comments it has gone back to the committee, what Tim has is a map that is a result of that committee's work about the proposed changes to the Zoning Code. It would make logical sense to have this included in that. ATTORNEY LAPPER-Noted we are not opposed to that but at the end of the day it is the Town Board's decision and I just did not see that, that process was moving forward too quickly. ..Al does not have an agenda, he would like to sell the property. UNKNOWN-Noted the lot is light industrial zone at this time our concern is we would like to rezone it Highway Commercial for a number of reasons, mainly the traffic counts and where it is located. SUPERVISOR BROWER-Questioned the triangle site, appears the only access route unless you use culverts across the wetlands would be Ridge Road. ATTORNEY LAPPER-No you go through the Nimo property. COUNCILMAN MARTIN-The bulk of the development is going to occur on the 21 acres site and you are going to pull the density rights off that other stuff to support the building on that. COUNCILMAN BREWER-Questioned if something less than Highway Commercial would be considered? ATTORNEY LAPPER-We could consider something less. COUNCILMAN MARTIN-You cannot put Plaza commercial here because there is none of that around, it would be an extension of the existing highway commercial zoning. SUPERVISOR BROWER-With the land conservation ten acres you are not encroaching on anybody. COUNCILMAN MARTIN-It is a fundamental decision we have got to start coming to as a Township, come to grips to the fact and accept it. COUNCILMAN BREWER-I am not saying light industrial is the answer to it, I am not saying that at all. SUPERVISOR BROWER-Quaker Road and Route 9 have traditionally been our Commercial Zones. COUNCILMAN MARTIN-When K-mart went out there that was a big statement. COUNCILMAN TURNER-Questioned how long they had owned the property. ATTORNEY LAPPER-1986. SUPERVISOR MARTIN-This is the type of thing you would like to see incorporated into the new zoning plan, COUNCILMAN BREWER-Noted that Senior Housing was denied on Dix Avenue for the reason that they do not want light industrial encroaching on the Senior Housing... COUNCILMAN MARTIN-There are plans in the County to the Quaker Road widening...it will have to be a conscious philosophical decision that you are going away from light industrial to commercial. COUNCILMAN BREWER-I think we should take it one step further, if we think this whole Quaker Road corridor should be that then lets do the whole thing. COUNCILMAN MARTIN-Noted that Albany Eng. is zoned light industriaL.. How much frontage on Quaker road does the major piece have? ATTORNEY LAPPER-One hundred and thirty feet. COUNCILMAN MARTIN-Noted there is single family residential off to the north and west, I known the neighborhood really came out against the proposed car dealership at the now bike location... COUNCILMAN BREWER-I think if we are going to look at doing this we should look at the whole thing...I would rather do it that way than one piece at a time. SUPERVISOR BROWER-Suggested turning this back to the Zoning Committee and have them incorporate something like this. COUNCILMAN MARTIN-He is so close now it is a rare moment in time when we have this kind of effort that is going on right now, it happens once every ten to fifteen years when we are going through a town wide rezoning, that would be the way to do it. We have the ultimate final say over that zoning map. ATTORNEY LAPPER - If I was coming to you with a project where I had a site plan and tenant in mind and timing was more important we would argue that we need a project specific approval but in this case since there is no tenant we can go talk to that committee and then come back and talk to you. COUNCILMAN MARTIN-I would suggest that we have a consensus here on the Board that the whole corridor be looked at and pass that onto the committee. COUNCILMAN BREWER-Yes. COUNCILMAN TURNER-I will take it back to the committee and tell them. 4.3PROPOSED REZONING OF PROPERTY AT GURNEY LANE AND WEST MOUNTAIN ROADF FROM SINGLE F AMIL Y RESIDENTIAL TO HIGHWAY COMMERCIAL ATTORNEY LAPPER-Introduced Peg Meath one of the owners offamily owned property at the intersection of Gurney Lane and West Mt. Road by Exit 20. Requesting Commercial Residential 15 or Neighborhood Commercial.. we do not have a plan for this site. This is a transition property because you have the County Annex on Gurney Lane you have got the Northway and the Northway Entrance Ramp and you have got a section of West Mt. Road that is far separate from the Leland Estates area, from the Single Family Homes. There is a large ravine at the southern end of this property that separates from the houses. COUNCILMAN MARTIN-Noted he recalled that in the Comprehensive Plan as consideration should be given to make this commercial. COUNCILMAN TURNER-There is a consideration right now to look at that area there and to make that commercial or some sort of mix. ATTORNEY LAPPER-We are thinking that office professional would be one of the most appropriate uses for that as a transition. COUNCILMAN BREWER-Where did that idea come from, there is nothing but homes on that road is there? COUNCILMAN TURNER-Not there. COUNCILMAN MARTIN-When this idea came up, these parcels that back onto the Northway are not very good for residential. COUNCILMAN BREWER-So you are saying Jim from Leland Estates all the way down Hidden Hills down Luzerne Road to Sherman all the way down to Saratoga is not good for homes? COUNCILMAN MARTIN-Yes, there are some communities on the Northway like the Town of Malta, the Town of Malta for example has a three hundred foot buffer requirement from the Northway for no development. COUNCILMAN BREWER-There were homes there before the Northway. COUNCILMAN MARTIN-The new zoning plan has a three hundred foot buffer requirement from the Northway in the Town of Malta. You saw the noise reading that we got out of Hidden Hills just a couple of months ago they were higher than Twicwood because of the proximity of the Northway. So, that I, what it, making this not very conducive to residential development is the Northway. I remember talking about a Convenient Store at this intersection. ATTORNEY LAPPER-You also have the extension, the County Buildings annex up there so it is not residential in character. Weare not telling you that we have a plan we are saying single family residential doesn't seem to make sense and you tell us what is appropriate. . . one of the things we are thinking is professional offices, at the corner by the Northway it would not be inappropriate for something more commercial. COUNCILMAN BREWER-I wouldn't think a house would be built on the corner either John. ATTORNEY LAPPER-Noted at the southern end of this that something like a multi family might be appropriate some sort of a transition residential. COUNCILMAN MARTIN-There is a huge parcel just to the south of it.. Preliminary subdivision plan for the site.. COUNCILMAN STEC-Hidden Hills is a viable neighborhood and to me I see this as a very similar situation. COUNCILMAN BREWER-I see what he is saying when you talk about the Northway being here and West Mountain. . . SUPERVISOR BROWER-So the closest house is several hundred yards from the southern most part of this? ATTORNEY LAPPER-I think there is a house not too far along West Mountain Road on the south, but the dip is pretty big. One thing that is different between this and Hidden Hills is that here you have an exit and you have the County buildings with a lot of traffic so it is really not so conducive. The southern part of this could remain single family or be some sort of a higher density residential. We are saying we have a nineteen acre parcel that needs to be rezoned. COUNCILMAN BREWER-I would certainly entertain the thought of something right at the corner at the intersection but anything more than that I do not think... COUNCILMAN STEC-... on points of Interstate 87 the next closest non-residential non land conservation zone is the small little neighborhood commercial at Sokols Market Area and the next closest similar property on that side of the Northway is Corinth Road. I really think that we are starting to get away from that whole portion of town that is residential in character. ATTORNEY LAPPER-I totally agree with the exception at exit 20 you have all the County Buildings a lot of traffic the entrance to the Northway so I think that is sort of unique, maybe we need to be talking about the northern part of this property. SUPERVISOR BROWER-You have some natural buffers there now with the sand pits, there is no guarantee that would stay that way. COUNCILMAN STEC-We have a traffic issue there with Great Escape already, the Gurney Lane corridor is a contentious point in the development of the Great Escape plan. I have an issue with this I do not think it is a good idea. ATTORNEY LAPPER-You think it should stay single family? COUNCILMAN STEC-Yes. I feel pretty strongly about that, I think it is a bad idea. Gurney Lane specifically is a concern for the Great Escape project already. ATTORNEY LAPPER-I think the Great Escape traffic which goes the other way they are being forced to deal with their traffic as part, to re-route that by the municipal center. COUNCILMAN STEC- The whole east side of the interstate there in that part of town is a traffic disaster and I do not want to see it spill over to the west side of the Northway. ATTORNEY LAPPER-We are only talking about something really concentrated at the corner in terms of commercial or even something like professional.. SUPERVISOR BROWER-A lot of the traffic would head south on the Northway ramp before it ever hit Route 9. COUNCILMAN STEC-I do not doubt that you could put an office in there, I am concerned about the domino effect. I see this as a commercial area getting a foothold in that part of town. ATTORNEY LAPPER-That is why I am thinking Neighborhood Commercial which is a really focused commercial area and primarily professional office. South of this you get to Leland which is nothing is going to change anywhere near there that is certainly COUNCILMAN STEC- There are houses between there and Leland. ATTORNEY LAPPER -there are houses along West Mountain Road, clearly ... right at the corner with the traffic and having the County Buildings right there that is pretty heavy duty use in terms of residential. COUNCILMAN BREWER-What about a variance application? ATTORNEY LAPPER-At the Zoning Board last month on some property behind the Econo Lodge we got a use variance to do three at Exit 19 to do three residences because it was zoned Highway Commercial and they said they approved it but they said this seems legislative why don't you go to the Town Board and ask them to rezone it. COUNCILMAN STEC-My concern is though that ten years from now another landowner and another Attorney will come in and say look there is a commercial area there already and before you know it, it will snow ball. Traffic on the east side of Exit 20 is a nightmare already and on the west side you do not have a traffic problem. I think this is a bad idea. COUNCILMAN MARTIN-I really think we should be procedural here and not struggle here, we have a comprehensive plan we never reference it, we should not be talking about this thing without all five of us with that document opened up to that page that references that site. COUNCILMAN TURNER-They have talked about changing it to professional commercial office buildings. ATTORNEY LAPPER - We could keep the southern half of this as some sort of residential it is just that.. . we could do duplexes. . . COUNCILMAN MARTIN-Marilyn just brought this up, recommendation rezone the area as described to allow for a wider scope of use similar to those in the current suburban residential zone which includes duplex, professional office with residence, church, daycare center etc.,with site plan review in addition to the allowed use of single family dwelling. This recommendation does not include commercial use which would not be compatible with the existing land uses in the area. COUNCILMAN STEC-I am afraid of the strip mall the outlet nightmare between 149 and Exit 20 spilling over to that side of the Northway. ATTORNEY LAPPER-That would be inappropriate there is no question so that is not what we are asking for and there must be away to avoid that. We are talking professional office with possibly right at the corner some sort of a convenient type commercial if that is something you guys could go for. COUNCILMAN STEC-Five years from now another adjacent landowner what kind of perceived right is this going to give them. ATTORNEY LAPPER -The answer is if it is properly buffered it is going to show the demarcation between this and the rest of the zone. There is plenty of land to buffer with nineteen acres. COUNCILMAN STEC-Within a one mile radius on the west side of the Northway the only other three zones you have is LC42, SFRIA and Rural Residential 5 acre. COUNCILMAN MARTIN-Recommend to allow office and services in addition to more residential uses and one of the things that was discussed was some sort of ability like a convenience thing so residents would not have to cross the Northway if you are on that side of town already you could get your loaf of bread your or something like that and not have to get in to Route 9, that was what was discussed, I remember that. ATTORNEY LAPPER-I could also throw out to answer your question, we are talking about pretty specific stuff is that we could come back with some sort of a planned unit development and say a convenience type thing at that corner, professional offices next and then duplexes as a buffer on the south, perhaps that would be some sort of transition. COUNCILMAN STEC-I amjust concerned about fighting sprawl, I think sprawl is bad. I think we are getting into a spot zoning situation. ATTORNEY LAPPER -You neighborhood commercial zone is something that gets put at intersections in this case interchange like 149 and Ridge that is really what that zone is all about. COUNCILMAN STEC- The only neighborhood commercial we have got in that region of town is something that is clearly probably pre-dated zoning. ATTORNEY LAPPER-Neighborhood Commercial is supposed to service the single family and multi family residence so it is a unique thing put in the center, there is not any neighborhood commercial near it. COUNCILMAN STEC- Y ou just got done saying that there were no houses around, so what purpose is a neighborhood commercial zone? ATTORNEY LAPPER-People drive to the Northway from allover that part of Town so they drive by it, so it is a natural, it is a service that services the residents of that part of Town. COUNCILMAN BREWER-It would save the resident that lives on Gurney Lane from going to Sokols. COUNCILMAN MARTIN-You have LeLand Estates it would be better to go up here than it would be down there and also you have the Holtz property I think you will see something happen there that is a big track of land with capability for dwellings. I recommend going with what is said here in the comprehensive plan. I do not see the point in struggling with it. We have the guide right here. COUNCILMAN STEC-Like I said I saw on the agenda tonight it says Highway commercial.. ATTORNEY LAPPER -That was a mis-communication between me and Dennis that was never my intention, Commercial but not Highway Commercial. COUNCILMAN MARTIN-The little piece at the tip of the triangle is that in fact a separate lot? ATTORNEY LAPPER -Yes, it has a separate lot. COUNCILMAN MARTIN-How big is that? ATTORNEY LAPPER-It looks like one hundred by one hundred. SUPERVISOR BROWER-Does the State own that? ATTORNEY LAPPER-Noted she owns it, separate deeded parcel. COUNCILMAN MARTIN-See what I mean about an inadequate zoning ordinance, I like the PUD idea but we are constrained by our current PUD language because you cannot meet the threshold. You have to have thirty acres and there is no reason here is a perfect example of where we should have the ability to impose a PUD because that is what makes sense for this site. ATTORNEY LAPPER-Ifwe did a PUD with a changed PUD Ordinance, we could address all the issues that you guys are saying in terms of buffering and keeping residential on the south. COUNCILMAN BREWER-Is a PUD allowed in that zone? COUNCILMAN MARTIN-Not in SFR. COUNCILMAN STEC-What are we talking about as an access point? Access onto Gurney Lane or access onto West Mountain? ATTORNEY LAPPER- West Mountain. COUNCILMAN MARTIN-Speaking for me I would go with the recommendation in the Comprehensive Land Use Plan and if you had a PUD that come in with that I would be fine with that.. . amend the PUD regulation that would permit it to come in. COUNCILMAN BREWER-There are certain zones in this Town that PUD's are not allowed in. COUNCILMAN MARTIN-This is saying take this to something like Suburban Residential and that allows PUD. ATTORNEY LAPPER-The only question I have in terms of Suburban Residential the way I read the proposal that were fourteen or sixteen different zones and what I heard from this Board previously when you looked at it that it may not be where you wind up with a number of different zones is that what that recommendation is saying that is would be one of these unique zones that may not fly? COUNCILMAN MARTIN-From my stand point I think it is crazy going to thirty three zoning districts when we are at twenty seven all ready, that flys in the face of the Comprehensive Plan and that is one of the fundamental premises that is one of the first thing the Comprehensive Plan says to reduce zoning districts. The first thing out of the box we add more, it does not make any sense to me. I know what was envisioned for this there was envisioned that you had a light, moderate and intense residential, industrial and commercial zone, nine districts then there might be with the use of overlay zoning you could go into these areas where you have to slap down some special considerations you can do that with over lay zones, that was what the approach that was in the Comprehensive Plan. ATTORNEY LAPPER-Ifwe had suburban residential and the thirty acre threshold was changed we could then come in with a PUD. COUNCILMAN MARTIN-I would argue that we should expand our scope ofPUD, right now we are dealing with residential PUD's we should have the ability to do Commercial PUD's as well. ATTORNEY LAPPER-Noted his concern that this will take a lot of time and again this is not a question where we have property that will sell tomorrow or have a plan but, with the zoning changes and I know that this is moving forward but this is probably a lengthly process. COUNCILMAN TURNER-I do not think so because this was brought up a couple months ago when we were tail ending this and giving it back to Chazen to finish up on and this idea that we expressed tonight about the office complexes was brought up at the very tail end of it. There is a concern about commercial going there and there is a concern that maybe this should end up like we suggested an office complex. ATTORNEY LAPPER -We would be very happy with that. . . COUNCILMAN TURNER-I would like to take this back to committee and lets see how they will react to it. SUPERVISOR BROWER-I think we generally support the concept. COUNCILMAN MARTIN-...I would like to go with what it is the Comprehensive Plan. COUNCILMAN TURNER-That was the idea of putting the professional offices in there, we did not want Commercial there. COUNCILMAN MARTIN-Even convenience although that would service the residences in the area you put a Stewart's shop right here, those are traffic generators. ATTORNEY LAPPER-We are not here because we want to do a Stewart's deal we are not sold on that we are just trying to talk about it and professional office sounds good with maybe some duplexes. COUNCILMAN STEC- Y ou would be willing to stipulate right out of that right? ATTORNEY LAPPER-Right, or do a PUD that just did not allow it. COUNCILMAN TURNER-You can take out uses you do not want there. COUNCILMAN MARTIN-Pud is always an action through the Town Board it is legislative action. COUNCILMAN BREWER- Taking uses out of a zone I disagree with. COUNCILMAN TURNER-If you are going to rezone that particular parcel you could specify what you want there. ATTORNEY LAPPER - It could be done under SEQRA as sort of a condition. COUNCILMAN MARTIN-PUD would allow this. COUNCILMAN BREWER-It is the same thing but said in a different way. If we are going to rezone a piece of property from one thing to another I do not want to exclude anything from that zone. Either you find a zone that fits it or you do not rezone it. If that happens and you do not rezone it you go get a vanance. ATTORNEY LAPPER-Suburban residential does not allow for convenience stores. COUNCILMAN BREWER-I am not saying that particular piece John, I am talking about any piece in particular this town rezones should not limit what can go in that zone. Either it should be rezoned to a specific zone or not rezoned. ATTORNEY LAPPER - If it was suburban residential it would not allow the kind of uses that you and Dan are saying you do not want to see. It only allows professional offices incidential to home use which would not be our plan so that would have to come in under a PUD but hopefully we could get the PUD down below the thirty acre threshold, because it is always legislative and if you guys do not want to do a PUD you just say no. COUNCILMAN MARTIN-I think you have a nice setting for an office park because of the proximity of the Northway. COUNCILMAN TURNER-You have the expansion of the Great Escape maybe coming along and they are going to use the adjacent property on this side of the Northway on the east side and I think that will all develop out. COUNCILMAN MARTIN-From what I see out of the Great Escape plan those parcels along Route 9 are not going to be used commercially per se, they are taking a lot up in parking area. There is really no traffic generating uses going on those parcels it is all just storage of cars. COUNCILMAN TURNER-They are coming off the Northway they are going down by the Motel, they are going to cut in right there and go around onto the west side of that hill go down around and come back out an exit there so, like I said there is not going to be much there. You do not want this to get caught up in the deal of anything else other than what you want there and that is what will happen. ATTORNEY LAPPER-Discussed the traffic corridor... COUNCILMAN MARTIN-Noted he was not advocating putting housing close to the Northway. COUNCILMAN STEC-... 9 TO 5 Low traffic, low noise, professional office.. ATTORNEY LAPPER-Should we attempt that as a property owner how do you want to handle that? COUNCILMAN MARTIN-I think you ask for an audience with them. I would advocate the idea of an expanded PUD for the new zoning ordinance and look at this for professional office. ATTORNEY LAPPER -The next project that I am going to come and talk to you about next week is a project specific and so we would be looking for different treatment because we have a use and site plan in mind. SUPERVISOR BROWER-Asked that Mr. Vollaro to speak? MR. VOLLARO-Queensbury Brought the Town Board up to date on the time line, what is happening and not happening... 53 days has passed since receiving a letter from the City saying "this letter is to inform you that Glens Falls Water Sewer Board will sell to the Town of Queensbury eight thousand gallons" We took that letter as being maybe not, some people like Mike Shaw questioned whether Robert Regan had the authority to commit the Water Sewer Boards so we went forward and we came up with an amendment to the Town's Facility agreement. That amendment is dated November 7th and twenty days have gone by since that been put together. Our agreement with the Town has a blank set in there for the date that this amendment is signed so therefor we cannot move forward until the amendment is signed. SUPERVISOR BROWER -You are just waiting for the agreement with the Mayor. MR. VOLLARO-Yes. We need the signature to the amendment of your agreement with the Town that is dated December 31, 1985. COUNCILMAN MARTIN-At the next meeting of the Water and Sewer Board they were to pass a resolution to that effect to clarify their minutes and what was in the Mayor's letter short of those contingencies because it wasn't necessary. In advance of the next Water and Sewer Board meeting to get a copy of that resolution to make sure it is clean, have we gotten that? MR. VOLLARO-No. What we have done in lieu of that is prepare this amendment to the facility agreement, that has been there for their signature for twenty days. COUNCILMAN MARTIN-Noted that their meeting is early December.. . asked the Supervisor to get an agenda to see if it is on their next meeting. COUNCILMAN BREWER-Why don't we have Dennis call Bob Coalts and bring it Wednesday night when we have our joint meeting. MR. VOLLARO-Re: Paragraph 17 insurance.. . hold harmless clause COUNCILMAN MARTIN-this is a County road, not our equipment, we are not involved any way shape or form in the installation of this facility we are the receptor of that property when it is done, why shouldn't we be held harmless. . . MR. SALVADOR-Regarding insurance, noted he got a permit from a State Agency and I was required to hold the State of New York Harmless... Re: Library I have foiled the Town of Moreau, Town of Queensbury and City of Glens Falls as to a report by the Library Board on how many users in each community. . . received today from Queensbury all the reports since 1992, I received the financial statement and other financial information an annual report, this report doesn't talk about numbers of library users. . . reports do not show what Queensbury pays or the basis, on which, Queensbury pays. The library is not functioning in accordance with its enabling legislation. ..without this information you do not have a legal basis to approve the Tax Warrant. Noted he also foiled the Library, received a letter back from Wayne Judge their Attorney, saying we cannot supply the information that you requested in item 4, that was the list, because such disclosure is prohibited by CPLR Section 4509. . . I went back and said that CPLR 409 does not preclude your full filling my request since Library Records maybe disclosed to the extent necessary for the proper operation of the library, my contention is this is part of the proper operation of the library. . .. all we need is the name and address ... that is all we need to know that they are residents of the Town of Queensbury...I do not know when you sign the tax warrant but there is sure is a way to bring this to a head, don't sign. You have no basis unless you get that list no basis to sign a tax warrant. SUPERVISOR BROWER-We might ask for a manual audit of some type whether it be a mailing to people and if they get returns from people that are dead or moved they remove it from the list. (Moved Executive Session to the Main Office Building) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 474.2000 INTRODUCED BY: MR. JAMES MARTIN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Attorney RFP's. Duly adopted this 27th day of November, 2000 by the folllowing vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE AND REGULAR SESSION RESOLUTION NO. 475.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive and Regular Session. Duly adopted this 27th day of November, 2000. AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury