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1991-11-27 SPECIAL TOWN BOARD MEETING NOVEMBER 27,1991 4:06 p.m. MTG# 58 RES 636-638 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Marilyn Potenza Supervisor Borgos-Called the meeting to order...Meeting called to speak on the National Church Residence Project.. .Proposed for a location off Manor Drive.. .last nights meeting there was not enough votes to rezone the property in question.. .Mr. Bryan was approached and he is willing to have just five acres rezoned...Congressman Solomon's office has been contacted, time has run out, noting that other communities have been notified that the grant is available, if we could do something before anything is confirmed with another municipality, we would still have our grant. Introduced Mr. Bryan Mr. 1. Buckley Bryan-Just a small amount of background, back in 1980 I started purchasing Queensbury Arms Apartments as an income and shelter producing property. I still own it, I am not interested in selling it at all. I am not primarily a land developer at all, I am not in the business my regular job is flying airplanes for U.S. Air and I will be all done with that at the end of this year, five years early, so as to look at a few other items in the area that I am interested in. Four or five years ago I purchased what was left of the Floyd Bennett Air field with the idea of putting up more rental property on it, I rather enjoy managing things, I enjoy the rental property. Then a couple of things happened that prevented me from putting up any of the much needed housing in the area, one was the 1986 tax law which drastically altered the 1981 economic recovery tax act and virtually put an end to housing, rental housing. Then there was the zoning in the Town of Queensbury and at that time I was not involved in it I should have been because I found out that on this particular piece of land and there were a couple of others, but I am not sure what they are, the one behind me. That eighty percent of the decision making process that was put into the changing of the then existing zoning into a much more restricting one was based upon a report from the Federal Water and Soil Conservation people on the fact that the percolation in the sand out there was excessive. No one bothered to question about what the word excessive meant, I did and found out eventually that it was a department of Agriculture term that meant excessive for crop growth. It had nothing to do with septic tanks. So, we had an engineer out there to look at the land and dug five test pits on my land and the land north of there and determined that it is all sand with a few other things out there but mostly sand. I was advised by some people in the Town of Queensbury to ask for a rezoning on that basis I just plain decided not to do it, did not have time, did not care, it just didn't make much of a difference to me because I was not putting up any buildings. I did nothing with the land at all and had no intention and I still don't of putting up on it because anybody in my opinion who puts up buildings right now with the way the economy is run by our friends in Washington its worse and it is going to get worse. So, housing is not a good idea buildings for tax purposes is not a good idea, the economy is not there for that. So, I did nothing, I got a telephone call from Steve, four or five months ago something like that, maybe a little less ago, would I be interested in selling some of my land to a Church Group for a Senior Citizens housing thing, and I thought that sounds like a great idea, we badly need it give me the details. He did, put me in contact with a fellow from Buffalo, New York who represented the Church Group and after a few meetings with Steve and some of the Town Board Members and a meeting with the fellow from Buffalo we inked a deal. I got what I considered to be a reasonably fair price for the land, I wanted to see the project go, and housing is much needed we have got too much junk in the area. I also followed through the newspaper for quite a period of time National and Local the demand for housing for elderly senior citizens. I thought this was a good idea, so lets see what we can do. Lets see if we can rezone the land back to what it should have been to begin with in my opinion and lets put together the Church deal. We did and as part of that I felt that if I were selling the land to the Church Group and I have no interest in the Church buildings I am not going to own them it is strictly the sale of the land. Betty Monahan wanted several other amenities such as bike trail to run through the entire property and I said fine, she even suggested a trail for electric conveyance for elderly folks, I said we can put something like that in and draw it into the plan no problem there, and lets put this thing together. Betty then said how about some land for the Town of Queensbury for a park, a green area, I said whatever you want, what ever you want to put in there to make the thing work So, we put together a plan for five acres, a little bit less than that to go to the Church Group, then another three was laid out for the town and it was on the prime section of the land. All facing the High School which would give the Senior Citizens a much better view than anywhere else on the property and the park itself would be in the best location right next to the athletic fields. So, rather than put it in another section of the land lets do what is right for Queensbury. I am not just blowing smoke lets put it together, so we did, and then there was a public hearing and the folks that were over there who were concerned about it felt there should be a buffer zone at the western end of the property, I immediately agreed, put one in, Betty and I went down the day after or two days after or something and had it drawn right up. Whatever suggestions were made by the people on the Town Board I think I agreed to with very little conversation at all. It is a good project and it should work On the other hand I think that the land should have been rezoned to what it was because it certainly ok for septic tanks there is no problem out there with quote, excessive drainage. Well, I was not at the meeting the other night, I did not know it was on, I probably should have that is my error but I was not notified, I should have looked into it and I was not there, and the property was not rezoned. I got a telephone call from Steve calling me this morning, I read it in the paper and I said that is too bad it just seems as if that's the way things are going these days, the private citizens cannot get together with the government, the government can't get together with private citizens, everybody is fighting for what they want and now we have a good project here with a quid pro quo attached to it that all of a sudden is not any good anymore. Then there was a comment put in the newspaper and I read it quickly this morning to the effect that I was after some great deal of something like that, that is just plain not the case. So, I got the call from Steve and he said would you be agreeable to just zoning the five acres and I said well, I really don't think that is the best way to go, I really think there should be a little bit more in the deal for me on a rezoning even though I have not the slightest plan or the slightest intention to put anything up on that property right now, because I would be an idiot to do it economically. I do not have any plans, however, folks wanted to see what I might possibly have in mind so down we go to the surveyors again, Betty and I did and we had it drawn out on a piece of paper, a pipe dream, it does not exist, but some people wanted to see it so we provided them with a piece of paper. So now, we are looking at a rezoning of five acres, I am agreeable to that to make it work The three acres that go to the town we have already come up with some agreement that I would negotiate with the Town for the sale on that and in all likely hood it would be exactly the same per acre as what I am paying for the thing and I am not making a killing on that. But, right now I am stuck with something that has been badly down graded by the Town of Queensbury I have got property out there that is not worth what I paid for it, due to erroneous zoning as far as I am concerned, all I am asking for is to go back to the old zoning but apparently that is out of the question right now. But, this is a danm good deal for the elderly who need housing. The money is there from the Federal Government, we have fooled around with this too long and I am willing to bend over backwards to make this thing work and I do not even live in Queensbury. But, I think it is a good deal for the area. Following you suggestion it is ok with me to go with the five acres I would like to see that road put in across the School property to make it look good I would like to see the piece of land which is a portion of the State land to extend Farr Lane to make it good, I would like to see that if I have got to give away the store to make this thing work I am willing to do it. That is my position, nothing more, nothing less and I will answer any and all questions you folks have about anything that I have said or anything else for that matter, as far as I am concerned I do not care, I own the land 100% and if it stays there for another 150 years I do not care. That is fairly up front I guess. Supervisor Borgos-Does any of the Board Members have any questions? Councilman Monahan-I can only say that I applaud Mr. Bryan, and there is nobody I could have asked to work for in trying to put this project together that was more cooperative in any area. Anything we wanted he said fine, including meetings at any time and I thank you for all that you have done. Supervisor Borgos-We have a very short time frame to work in, too short I think for us to figure out at this table exactly which five acres would be best for everybody tonight, what I would propose is that we go ahead and set a public hearing indicating that there will be five acres and that certainly within the next few days we get our heads together and try to decide where that five acres ought to be. I have heard no objection whatever during this entire process the rezoning of just five acres. We all agree that this is a project that should be built and having heard no objection would there be any objection on the part of anyone to setting a public hearing, on December 10th. Noted that the Warren County Planning Board will be contacted on this proposal...! think it is absolutely critical that we preserve this opportunity for forty one units of housing that is badly needed in this town. Councilman Montesi-The location that you picked right now gave you some flexibility too off from Mannor Drive even with a temporary driveway if needed... Supervisor Borgos- That will mean acquiring a little strip from the School. Mr. Bryan-That is another thing I did to make this work, I entered into an agreement, a temporary easement on that land, on my own land, which I did not have to do to make it work, and at this point in time I have given to the other side and all questions every single thing that somebody's asked to make this thing work, I think it is one sided and I would like that to be on the record, and I do not think it should be that way. Councilman Monahan-I will tell you that the neighbors that I talked to were very happy with the buffer zone that you agreed to. Mr. Bryan-I did not have to do that. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE RESOLUTION NO. 636, 1991 INTRODUCED BY: The Entire Town Board WHO MOVED ITS ADOPTION WHEREAS, the Town Board of the Town of Queensbury held a public hearing, considered and voted on a proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance, which provided for the rezoning of an approximately 25 acre parcel owned by 1. Buckley Bryan, Jr., bearing tax map number 73-1-22, and the same being more specifically described in a deed filed in the Warren County Clerk's Office at Book 673, Page 92, and a map entitled "Map of a Survey Made for Kennedy-Bates Development Company, Inc. ", by VanDusen & Steves (copies of the same being presented at this meeting), and WHEREAS, the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance and Map was to change the aforedescribed 25 +\- parcel of land from the current zoning designation ofRR-3A (Rural Residential- One 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 certain conditions, and WHEREAS, one of the principal purposes of the rezoning was to allow the construction of a 41 unit HUD senior citizens residential complex on approximately 5 acres of the 25 acres of land to be rezoned; the remaining property was to be developed as MR-5 but in a manner consistent with the development of the aforesaid senior citizens complex, and WHEREAS, the vote by the Town Board of the Town of Queensbury to rezone the property as set forth above failed to result in a rezoning as four (4) votes were needed in accordance with the provisions of the General Municipal Law of the State of New York due to the disapproval of the project by the Warren County Planning Board, and WHEREAS, in the opinion of the Town Board, it would appear that one of the major reasons the project was not approved by a sufficient majority of the Town Board was due to concerns of traffic congestion and other environmental impacts associated with a full development of the property as proposed, and WHEREAS, the Town Board of the Town of Queensbury has been informed by Mr. Bryan, Jr. that he would be interested in pursuing a rezoning of only part of the property, aforedescribed, in a size of approximately 5 +/- acres so that the aforesaid 41 unit HUD Senior Citizens Residential Complex could be constructed, and WHEREAS, it is the understanding of the Town Board that the proposal now presented to the Board for consideration is to rezone from RR-3A (Rural Residential - 1 Principal Building Allowed for Every 3 Acres Within the Zone) to MR-5 (Multi-family Residential - 1 Dwelling Unit for Every 5,000 Square Feet of Land Within the Zone) that portion of property consisting of approximately 5 +\- acres situated within the boundaries of that property having a tax map number set forth in the Town of Queensbury Zoning Map Book as 73-1-22 and Warren County deed reference of Book 673, Page 92, the same property being located off of Fox Farm Road (off of Aviation Road), in the Town of Queensbury, and WHEREAS, the proposed rezoning would be subject to conditions which generally relate to the development of a 41 unit HUD Section 202 Senior Citizens Housing Project and other conditions the Town Board may determine to be appropriate concerning the preservation and protection of the neighborhood environment, following the holding of a public hearing, and WHEREAS, the revised proposed change of zone would appear to eliminate the concerns of traffic congestion and other environmental impacts and be compatible with the relevant portions of the Comprehensive Land Use Master Plan of the Town of Queensbury as it promotes affordable senior citizen housing and for the reasons more specifically set forth herein, 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 the community interest would be generally served by providing housing for a segment of the population which currently has limited housing options, and WHEREAS, the senior citizens housing complex would be assisted by a Federal Aid or Grant Program, and it is necessary to take immediate and quick action to preserve said grant program, and WHEREAS, as a result of the public hearings and discussions had relative to the previous zoning proposal, the Town Board of the Town of Queensbury feels that the citizens would generally support the above proposed rezoning of a portion of Mr. Bryan's property, consisting of approximately 5 +/- acres, and WHEREAS, in order to so amend, supplement, change or modify the Ordinance, it is necessary to hold a public hearing prior to adopting the said proposed amendment, and WHEREAS, the Town Board, individually, expresses their support for the project, 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, as follows: To rezone from RR-3A (Rural Residential- 1 Principal Building Allowed for Every 3 Acres Within the Zone) to MR-5 (Multi-family Residential- 1 Dwelling Unit for Every 5,000 Square Feet of Land Within the Zone) that portion of property consisting of approximately 5 +\- acres situated within the boundaries of that property having a tax map number set forth in the Town of Queensbury Zoning Map Book as 73-1-22 and Warren County deed reference of Book 673, Page 92, the same property being located off of Fox Farm Road (off of Aviation Road), in the Town of Queensbury, and BE IT FURTHER RESOLVED, that the said public hearing shall be held on the 10th day of December, 1991, at 7:00 p.rn., 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 Clerk to give notification to all those property owners previously notified in connection with the rezoning of the entire 1. Buckley Bryan, Jr. parcel by forwarding a copy of the Notice of Public Hearing to said property owners a minimum of 10 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 ten days prior to the public hearing, 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 265 of the Town Law of the State of New York and the Zoning Regulations of the Town of Queensbury, 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, with copies of the Ordinance, this Resolution, and copies of the Notices approved at this meeting, 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 hereby also 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 of Queensbury hereby indicates that it determines this to be an unlisted project under the State Environmental Quality Review Act, and that it would desire to be lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act. Duly adopted this 27th day of November, 1991, by the following vote: AYES : Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT : Mrs. Potenza Attorney Dusek-The next resolution is relative to the consolidated landfill user agreement, as the agreement come in from the other communities that you will authorize Steve to sign thern. RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENTS RESOLUTION NO. 637, 1991 INTRODUCED BY: Mr. George Kurosaka WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it has previously reviewed the Consolidated Landfill User Agreement and it understands that the same has been sent out to the other towns for signature and that once the agreements come into Queensbury that it will further review them and anticipates authorizing the Supervisor to execute those agreements. Duly adopted this 27th day of November, 1991, by the following vote: AYES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION ACCEPTING ADDENDUM RESOLUTION NO. 638,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Stephen Borgos: WHEREAS, addendum number 2 has been resolved at this meeting in connection with the Water Treatment Plant Maintenance Building Reroofing Contract and such addendum having been drafted by the Town Engineers as a result of questions raised concerning insulation NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves of addendum number 2 and authorizes the same to be sent out to each of the bidders in connection with this matter. Duly adopted this AYES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza On motion the meeting was adjourned. Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury