1991-10-01
SPECIAL TOWN BOARD MEETING
OCTOBER 1, 1991
3 :08 p.m.
MTG#42
RES#519-522
TOWN BOARD MEMBERS PRESENT
Supervisor Stephen Borgos
Councilman Marilyn Potenza
Councilman Betty Monahan
TOWN BOARD MEMBERS ABSENT
Councilman George Kurosaka
Councilman Ronald Montesi
PRESS WWSC, Moreau Sun, G.F. Post Star
TOWN OFFICIALS-Paul Naylor, Highway Supt.
SUPERVISOR BORGOS-Opened the meeting, noting the main purpose of this meeting is to set a public
hearing for a proposed amendment to the Zoning Ordinance-petition for change of zone 1. Buckley Bryan,
Jr....in connection with National Church Residences for Senior Housing
COUNCILMAN MONAHAN-Reviewed the Multi Family Residential Zone and its allowable uses...spoke
on the type of building that may be placed, concerning handicapped facilities etc. working toward a
community, not just segregation of elderly or just the people that need specials, altogether we can have a
blend and a community in that area of Town is already a mix up there, they are close to the State Troopers
which will give them a feeling of security, the SOKOL Market complex, Stewarts is up there the Churches
are near, we can easily get the bus service extended to that area, it is next door to the school where they
have access to the cultural events and athletic events, and Adult Ed...I do not know where we could have
found a better place that we could serve the needs of so many people... this is one of the greatest things that
I have done since been involved in the Town Board frankly...
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT
TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE
BY 1. BUCKLEY BRYAN, JR.
RESOLUTION NO. 519,1991
INTRODUCED BY: Entire Town Board
WHO MOVED ITS ADOPTION
WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment,
supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance, and more
specifically considering a modification of the Town Zoning Ordinance and Map, and a Change of Zone for
property owned by 1. Buckley Bryan, Jr., and
WHEREAS, the parcel of land to be rezoned and affected by the proposed amendment,
supplement, change, or modification of the Town of Queensbury Zoning Ordinance is that parcel of land,
bearing Tax Map No. 73-1-22, and more specifically described in a deed filed in the Warren County Clerk's
Office at Book 673, Page 92, a copy of the same being presented at this meeting together with a map
entitled, "Map of a Survey Made for Kennedy-Bates Development Company, Inc.," by VanDusen and
Steves, the same being incorporated herein for all purposes, and
WHEREAS, the proposed change of zone and therefore, amendment, supplement, change, and/or
modification to the Town of Queensbury Zoning Ordinance and Map is to change the aforedescribed parcel
of land from the current zoning designation of RR - 3 A (Rural Residential - 1 Principal Building Allowed
for Every 3 Acres Within the Zone) to the zoning designation ofMR-5 (Multi-Family Residential- 1
Dwelling Unit for Every 5,000 square feet of Land Area Within the Zone) subject to the conditions, which
shall be generally as follows:
1) A portion of the subject premises, of not less than five contiguous acres, shall be used for
the purpose of constructing a 41 Unit HUD Section 202 Project for Senior Citizens and no other purpose;
and
2) At any given time, a minimum of fifty -percent (50%) of all dwelling units built and in
existence on the subject premises shall be Senior Citizen preferred and/or handicapped accessible and
useable in accordance with the New York State Uniform Building Code. The number of units built in
connection with the 41 Unit HUD Section 202 Project shall be included for purposes of determining
compliance with this condition; and
3) At any given time, a minimum of twenty-five percent (25%) of all dwelling units built or
in existence on the subject premises, exclusive of the 41 Unit HUD Section 202 Project, shall be
handicapped accessible and useable in accordance with the New York State
Uniform Building Code. The number of units built as part of the 41 Unit HUD Section 202
Project shall not be included for purposes of determining compliance with this condition, regardless of
whether the same is handicapped accessible; and
4. A parcel in the minimum size of three contiguous acres of the subject premises shall be
left vacant, undeveloped, and in its natural state, except that the same may be:
A) used or developed for public park purposes; or
B) sold and used or developed for public park purposes.
The said parcel may not be used for any other purposes; and
5. There will be an area left for a bike path or trail to, in some manner, cross the property,
generally from the east to west side, in the form of one continuous trail or path; and
6. Certain trees and shrubs currently in existence and adjacent to Fox Farm Road shall be
left in their natural state and not cut or removed, unless hazardous or diseased, and this area to be further
defined and identified as a "Buffer zone left pursuant to the Town of Queensbury Conditional Rezoning
and Declaration of Restrictive Covenants filed with the Warren County Clerk Offices" on any and all site
plans and subdivision plans presented to the Planning Board of the Town of Queensbury for review and/or
approval for any part of the subject premises; and
7. To the extent that circumstances permit, without obtaining variances, the subject
premises shall be
developed in accordance with Section 179-44, et. seq. of the Code of the Town of Queensbury,
authorizing clustering; and
8. Standard field percolation tests shall be conducted for verification of laboratory
permeability test results, prior to any subdivision approval or site plan approval requiring subsurface
sewage disposal and stormwater infiltration systems. In the event that suitable septic systems cannot be
built in compliance with all State and Local Laws, development of the property with dwelling units or other
buildings will be limited to a number or square footage for which proper septic systems can be constructed;
and
9. Professional offices, schools, churches, or synagogues, including cemeteries, hospitals,
nursing homes, or health-related facilities, such as out-patient clinics, laboratory or physical therapy
facilities shall be limited in a number and size less than currently provided under the Town of Queensbury
Zoning Ordinance for MR-5 Zones; and
10. The subject premises shall be developed in accordance with the Town of Queensbury
Zoning Ordinance, except as otherwise provided herein, and all subdivision approvals and/or site plan
approvals shall be obtained and recreation fees imposed by law shall be paid as is usually required for any
other project requiring subdivision or site plan approval; and
11. Until the 41 Unit HUD Section 202 Project is under construction and building permits for
the same have been issued, no other buildings shall be constructed without Town Board approval; and
12. The change of zone shall be granted subject to voluntary covenants and restrictions
imposed upon the subject premises by the applicant herein, Mr. 1. Buckley Bryan, Jr., and subject to
revision only with Town Board of the Town of Queensbury consent, as set forth in a written instrument to
be duly recorded in the Office of the Clerk of Warren County and this resolution and said change of zone
shall become effective only upon Town Board approval of the covenants and restrictions and recording of
the same by the Town Board;
and
WHEREAS, the proposed change of zone would initially appear compatible with the relevant
portions of the Comprehensive Land Use Master Plan of the Town of Queensbury, for reasons more
specifically set forth in the Petition for Change of Zone, and
WHEREAS, the subject premises would seem to accommodate housing for senior citizens and
individuals with unique needs and it would seem, from experiences of the members of the Town Board of
the Town of Queensbury, that it would be difficult to find another location which would provide the
secluded atmosphere, yet the proximity to services, and
WHEREAS, it would appear that community interest would generally be served by providing
housing for a segment of the population which currently has limited housing options, and
WHEREAS, in order to so amend, supplement, change, or modify the Ordinance, it is necessary to
hold a public hearing prior to adopting said proposed amendment,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at
which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to
a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning
Ordinance, identified more particularly in the preambles of this resolution, and
BE IT FURTHER,
RESOLVED, that the said public hearing shall be held on the 7th day of November, 1991, at 7:00
p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed
to give at least 10 days notice of said public hearing by publishing the notice presented at this meeting for
purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board
outside the Clerk's Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Planning Department to ascertain a list of the names and addresses of all property owners within 500'
of the area to be rezoned, and arrange for a copy of the aforesaid notice to be mailed to all said property
owners a minimum of 15 days prior to the scheduled date of the public hearing, and
BE IT FURTHER,
RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby
authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the
Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered at
least 10 days prior to the following: Warren County, by service upon the Clerk of the Board of
Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant
to Section 264 or Section 265 of the Town Law of the State of New York, the Zoning Regulations of the
Town of Queensbury, and the Laws of the State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Attorney's Office of the Town of Queensbury is hereby authorized
and directed to give notice of said proposed amendment to the Zoning Ordinance and refer said proposed
amendment to the Warren County Planning Agency and the Planning Board of the Town of Queensbury for
their review in accordance with the laws of the State of New York and Zoning Ordinance of the Town of
Queensbury, and that copies of the Ordinance, this resolution and copies of the notices be given to said
agencies unless said agencies already have copies of the same, and
BE IT FURTHER,
RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby directed
to give notice and refer this matter to the Adirondack Park Agency, if necessary, in accordance with the
laws, rules and regulations of the State of New York and the Adirondack Park Agency, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it determines
this to be a Type I Project under the State Environmental Quality Review Act and that it would desire to be
the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality
Review Act, and hereby directs the Town Attorney's Office for the Town of Queensbury to notify the
Planning Board of the Town of Queensbury, the Warren County Planning Board, the Adirondack Park
Agency, and any other involved agencies of this desire, and that a lead agency must be designated within
30 days and to further send a copy of Part I of the Long Environmental Assessment Form to be completed
by the Senior Planner for the Town of Queensbury, and this resolution identifying the proposed
amendments and notifications, to these agencies.
Duly adopted this 1st day of October, 1991, by the following vote:
AYES : Mrs. Potenza, Mrs. Monahan, Mr. Borgos
NOES : None
ABSENT: Mr. Kurosaka, Mr. Montesi
DISCUSSION HELD- I.Director of Parks and Recreation Mr. Hansen has requested permission to place
another well at the Ridge Jenkinsville Road Park by the barn estimated cost 5,610.00 (well with pumps)
Councilman Monahan requested time to study this proposal... 2. Water Dept. is requesting permission to go
to bid for a new roof at the Water Dept. maintenance building.... Councilman Monahan will review the
specifications... suggested R or C factor be placed in the specs not the total number of inches of insulation....
3. Highway Supt. requested permission to rent the Bulldozer for another month to be used at the landfill
RESOLUTION TO RENT BULLDOZER
RESOLUTION NO. 520, 1991
INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Stephen Borgos
WHEREAS, the Town Highway Superintendent Paul H. Naylor has determined that it would be necessary
to rent a D6H Caterpillar Bulldozer to be used in connection with the landfill closure and the grading
process in connection with the cell to be closed and
WHEREAS, Southworth Machinery Inc. has offered to continue to rent a bulldozer that meets the
specifications that has been previously rented for an amount of $8,000.00 and
WHEREAS, Mr. Naylor feels the equipment will be needed for approximately one month, and
WHEREAS, pursuant to Section 143 of the Town Highway Law the State of New York it is necessary for
the Town Board of Queensbury to review and approve of the amount to be paid for rental of said machine
NOW, THEREFORE BE IT
RESOLVED, the Town Board of the Town of Queensbury hereby approves the rental of the D6H
Caterpillar Bulldozer and authorizes and directs Mr. Naylor to arrange for any further leasing agreements
that may be necessary for a period up to one month and be it further
RESOLVED, that the rental costs shall be paid for from the Landfill Closure Account.
Duly adopted this 1st. day of October, 1991 by the following vote:
AYES: Mrs. Potenza, Mr. Monahan, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mr. Montesi
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 521, 1991
INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. Stephen Borgos
RESOLVED, that the Town Board hereby moves into Executive Session to discuss Sale or Acquisition of
Real Property and Personnel Issue.
Duly adopted this 1st day of October, 1991 by the following vote:
AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mr. Montesi
RESOLUTION TO RETURN TO REGULAR SESSION
RESOLUTION NO. 522, 1991
INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Marilyn Potenza
RESOLVED, that the Town Board hereby moves back into Regular session and adjourns.
Duly adopted this 1st. day of October, 1991 by the following vote:
AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mr. Montesi
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen Dougher
Town Clerk-Queensbury