1990-07-23 SP Sla., Meet-'Mt 11
SPECIAL TOWN BOARD MEETING
JULY 23, 1990
5:30 P.M.
BOARD MEMBERS PRESENT
STEPHEN BORGOS-SUPERVISOR
GEORGE KUROSAKA-COUNCILMAN
MARILYN POTENZA-COUNCILMAN
RONALD MONTESI-COUNCILMAN
BETTY MONAHAN-COUNCILMAN
TOWN ATTORNEY
PAUL DUSEK
DEPUTY TOWN ATTORNEY
KARLA CORPUS
TOWN OFFICIALS
Dave Hatin, Bob Eddy, Theodore Turner, Susan Goetz, Pat Collard, Rick Missita, Kathleen
Kathe, Carol Pulver, Nicholas Caimano
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 4209 1990, Introduced by Ronald Montesi who moved for its adoption, seconded
by Betty Monahan.
RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive
Session to discuss Personnel Matters.
Duly adopted this 23rd day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION CALLING FOR REGULAR SESSION OF THE TOWN BOARD
RESOLUTION NO. 421, 1990, Introduced by Betty Monahan who moved for its adoption, seconded
by Ronald Montesi.
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive
.Session to enter into Regular Session of the Town Board.
Duly adopted this 23rd day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
PUBLIC HEARING - PROPOSED ZONE CHANGE - RICCIARDELLI PROPERTY
6:30 p.m.
NOTICE SHOWN
SUPERVISOR BORGOS-The topic of this public hearing is the proposal to change the zone.
We'll have to stick, just to keep the meeting flowing properly, stick to items that directly
relate to the proposed change of zone so we don't get into a lot of personalities or concerns.
We will be interested in looking at such things as your concern for density, your concern for
transportation impacts on traffic concerns that are related to that. Septic, water, those
kinds of things, rather than what color the house is going to be. That's something that would
probably come before the Planning Board, if indeed the zoning takes place. Okay, who would
like to be first? Mr. Eddy. Please state your name, address and or occupation, just for the
record. Although we know who many of you are, the people who type these minutes don't
always know so we ask that this be stated each time.
BOB EDDY-I'm not here as an official of the Town, I'm here as a member of the Advisory
Committee and I've given considerable thought to this proposition of, not as an individual
proposition but in a general so way. There's a group of questions I'd like to ask ... I didn't
know who was here to represent the project, to answer some questions. In the first place
I should say that the vote was not 3 to 3 but 3 to 2, one person should have been disqualified
because ...
S/3.
SUPERVISOR BORGOS-Refer to us what vote you are talking about?
r
MR. EDDY-I'm talking about the Planning Board vote. Because the person has an interest
in this, although not financial interest, on the other hand has an interest because of their
Position and therefore should have been 3 to 2. The first question is, why should this not
be considered spot zoning?
SUPERVISOR BORGOS-Let me handle this, this way. If we get to a situation where we don't
believe we have answers for these, then I'll call upon some representative of the group. I
don't know exactly who's here representing officially. Mr. Adams is the official representative
of the group this evening?
MR. ADAMS-Right. I believe we are the applicant...
SUPERVISOR BORGOS-Okay. I'll ask our Attorney to address the issue, if you will, spot
zoning. I know some research has been done in this area and he's certainly the best qualified
to answer this.
ATTORNEY DUSEK-I think that when ever there is a small parcel that is being the subject
of rezoning, the very logical question is, spot zoning and that's one of the first questions that
I also asked myself in this particular case and upon doing the research necessary, the answer
I have for you is that it probably is not spot zoning and the reason why I say probably is because
the final determination rests with the Town Board to make that determination after listening
to all the facts and reviewing the application. Spot zoning, one of the tests for spot zoning
is the size of the parcel. Okay, that is one of the first things and that's what calls it to everybodyies
attention. However there is more than just that. The questions that the Town Board has
to ask themselves is, first of all, is whose interest is really at stake here. Is it the interest
of the community or is it the interest of the individual themselves that they're rezoning the
parcel for? Second of all, is the rezoning a part of an overall comprehensive plan or is it
part of a plan that is considered and calculated to serve the general interest of, the general
public of the Town of Queensbury. Is it beneficial to the community which is basically along
those same lines. Also, is there a reasonable relationship of the rezoning to the adjoining
and neighboring parcels. After you consider all of those questions, if you find that it is beneficial
to the community, if they should find that there's a reasonable relationship to the neighboring
communities of this rezoning, if they find that its part of their original comprehensive plan
and if they find overall that it serves the general welfare, then the mere size of the parcel
and the fact that it's owned by one individual, its not necessarily controlling. But these are
the decisions that this Board will have to make after they hear all of the evidence.
MR. EDDY-I consider it spot zoning and I know that 2 members of the Planning Board. I
have the official minutes of the Planning Board in my capacity and they were, a member
of the Advisory Committee were very adamant about the point, that they considered it spot
zoning.
ATTORNEY DUSEK-I just might add this one further point, there have been court cases on
the very same type of issues, maybe not necessarily affordable housing but small parcels
with single ownership and the courts have upheld the rezoning and said that it was not spot
zoning. So depending upon what this Board should find, based on the evidence, will, I think,
be the determining factor.
MR. EDDY-I do not know exactly where this piece of property is? It is on the Corinth Road
some place, is it near West Mt. Road?
SUPERVISOR BORGOS-That is my understanding.
COUNCILMAN MONTESI-Six hundred and eighty-six feet east of West Mt. Road on Corinth
Road.
MR. EDDY-On the south side of Corinth Road?
COUNCILMAN MONTESI-Yes, the south side of Corinth Road.
MR. EDDY-Do they have Town water?
COUNCILMAN MONTESI-Yes, they do.
MR. EDDY-What's the plans for sewage disposal? That's the key.
SUPERVISOR BORGOS-Okay, here again, this gets us into a very interesting area. I can
answer your question because I've been briefed on the project and the project calls for septic
systems because there are no sewers in that area. My concern is, perhaps I'll ask the attorney
at this point, if we should really be into that area or is that something that its in the, best
left up to the Planning Board to determine. I'm not trying to avoid things but there are legally
some things we can get into and some things we cannot discuss at this point.
ATTORNEY DUSEK-In rezoning an area, I think the general issue of whether there are services
such as general community type services to that area, I think that's appropriate for the Board
to consider.
SUPERVISOR BURGOS-Correct. The specific question was what this project be doing one
way or the other, it's my understanding they will be using septic systems, there are no sewers
there at the present time.
MR. EDDY-The reason why the Advisory Committee came up with one acre all the way from
Gurney Lane to the River was because of the fact, that the soils can not handle, the soils
are so course, that they just can't handle the effluent and it's, actually I think a bunch of
us were surprised, effecting the ground water. That's the whole problem, that's the reason
why we did it, that's the reason why we're here is because we don't want the ground water M
effected. Does anybody have any information on what the soil conditions there are there?
Are they determined sandy or ...
SUPERVISOR BORGOS-There I'll have to ask Mr. Adams to stand up. Would you identify
yourself for the record please? Normally we have someone come to the front of the room
and present a whole project plan which relates to the rezoning, I didn't know we had to get
into that so maybe its best if we handle the questions as they arise.
MR. ADAMS-The firm is CT Male and have done tests pits and percolation tests on the property
and are on the process of doing topographic surveys and other surveys for submission to this
Board and the municipality. I do not have that information here so I can't tell you, but in
general that land is typified by sandy soil perhaps some depth and at least in the tests pits
that I've observed in, there was no indication of rocky conditions.
MR. EDDY-Do you know what the percolation tests called for?
MR. ADAMS-We shall wait for CT Male to render that report. The whole issue of septic
systems, drainage and one thing or another is a technical problem to be properly addressed
by the engineering firm with the Planning group.
MR. EDDY-1 looked it up and found that between 2 inches and 6 inches per hour is a good
percolation test and if it succeeds that, more than 6 inches or less than 2 inches, its either
too course or not course enough. Do you have any idea what the height above water table
is?
MR. ADAMS-1 believe the engineering firm will be specifying that. The rough estimate that
occurred on that particular property has been somewhere in the 25 to 30 foot range. But
I really would have to ...
'MR. EDDY-That's good, because over 20 feet, as I understand it is satisfactory ... I don't
know if this is a proper question or not, but I was wondering about the dimensions of the lots.
MR. ADAMS-Yes, the dimensions of the lots are the subject of an application for a zoning
variance essentially because its in the nature of constructing affordable housing, intent to
use cluster provisions of the municipality. The dimension of lots under cluster provisions
are usually almost an exceptionally smaller lots and narrow the reason being so that one can
avoid building ... with the high cost of infrastructure with that, so, lot size has yet to be determined
by whom the variance ...
MR. EDDY-You mentioned about zoning regs, are you going to hire a landscape architect
as required by law?
MR. ADAMS-Yes, of course the Planning Board and Zoning Board had a list of criteria to
go with the applications and all these applications will be ...
MR. EDDY-The Board some time ago passed an ordinance in connection with the pattern
of roads, a landscape architect, as I understand it, has to be hired if there are more than
15 lots.
SUPERVISOR BORGOS-I don't recall a landscape architect being required. But again, I think
we're straying from the density issue of rezoning into a Planning Board issue. We're talking
about the rezoning, the potential rezoning of a parcel of land and at the moment there's one
possible scenario for the development of that land. If for some reason, that doesn't go through,
that is open for other scenarios, all of which would have to go in front of the Planning Board
and obviously those rules are contained in our regulations, they'll have to be enforced for
anyone.
MR. EDDY-1 don't know the topography of the property, but I want to know about the vegetation.
Do you have any idea, I was just by there this afternoon not knowing exactly where that lot
was, I guess pretty well wooded and we want to make sure that the vegetation that is there,
primarily speaking the trees are retained as much as possible, but that's not a problem for
you.
SUPERVISOR BORGOS-Well we can ask Mr. Adams. Perhaps, that would be a problem that
would have a possible impact on the neighbors property as far as buffer zones are concerned.
MR. ADAMS-Yes sir, I think that's a very important issue to be considered as well. This property
was logged off completely about 25 or 30 years ago and speaking with the long term residents
around the property, we were advised that that probably was fully logged in anticipation of
a subdivision of the owner before Mr. Ricciardelli. The growth that is on the property now,
of course, it's been, somewhere between 20 and 30 years old, heavily density vegetated. There
are a few relatively substantially trees. The design of the project that has been submitted
to the Town and the State of New York, is such that by clustering around the infrastructure,
— as much of the vegetation as possible is created in buffer zones and to recreational space
and we have made that presentation ...
MR. EDDY-You mentioned about clustering, are you going to have them less than a half an
acre?
MR. ADAMS-The density is roughly 2 houses to the acre. How the housing is situated on
the land, is perhaps quite a different manner, but the overall density is 2 houses.
MR. EDDY-The vegetation ... of course you've got to preserve as many trees as possible,
trees are important ... South Dakota where they tore down all the trees during a project like
this, .... How much frontage do you have on Corinth Road?
MR. ADAMS-Approximately 650 to 700 feet of frontage ... in other words there are no houses
outleting on Corinth Road. The plan is to design a boulevard entrance exit off of Corinth
Road with a turn in it before the houses are built.
MR. EDDY-I think I should explain that I'm not opposed to this, philosophically I'm ...
SUPERVISOR BORGOS-Apple pie.
MR. EDDY-Apple pie and so forth but I, because I had a FHA mortgage in 1936, which was
53 in the Nation so I'm not opposed to the affordable housing and I think I paid 4500 dollars
for that house. I think that there's only one other question and that's perhaps to be best answered
by the neighbors whether or not their property values are going to be effected by this. I'm
- quite concerned because there's a very fine high caliber development project close near by.
MR. ADAMS-I think there are 2 parts to that answer. One is the fact that we have made
it a point to visit the neighbors across the street on Corinth Road and Mrs. ... is at the intersection
of West Mt. Road and Corinth Road on the corner ... that should be bought in the early 1940's
for 1,000 dollars. I think its fair to say that without exceptions thus far, the neighbors are
in full support of this, and you can use my name about the project, they do not see anything
but improvement and stabilizing by a project like this. The other part of that answer is probably
best answered by the community which you referred to and that is the rest of us in Bedford
Close. In that respect I think probably Carol Pulver is the best qualified to address that
SUPERVISOR BORGOS-Would you introduce yourself please?
CAROL PULVER-A resident of Bedford Close.
SUPERVISOR BORGOS-Do you have any other connection or affiliation with this project?
MRS. PULVER-Yes, the corporation that I work for will be sponsoring the grant that Adam's
Rich has submitted to the New York State Affordable Housing Program.
SUPERVISOR BORGOS-Any other connection or affiliation with the Town of Queensbury?
MRS. PULVER-Yes, I'm also a Planning Board member.
SUPERVISOR BORGOS-Thank you.
MRS. PULVER-I have here a couple of petitions from the residents at Bedford Close supporting
this project.
SUPERVISOR BORGOS-Town Clerk please. Just for the record, could you tell us how many
signatures there are.
MRS. PULVER-Twenty-seven there.
5/l0.
COUNCILMAN MONAHAN-Excuse me Carol, when you say 27, is that more than one from
one household on there?
MRS. PULVER-Yes, there are, I did break them down by homes but I can't remember it, I'd
have to look at it.
COUNCILMAN MONAHAN-Do you know the number of homes or residents who could sign
the petition that live in Bedford Close?
MRS. PULVER-No I do not.
SUPERVISOR BORGOS-Just one more second please. I'll ask the Clerk to read which phraseolog
has appeared at the beginning and has been signed.
TOWN CLERK DOUGHER-We the undersigned are residents of Bedford Close. We support
and share the Town's public commitment to affordable housing. We understand that a 40
unit subdivision of detached single family homes has been proposed for a 22 acre site on Corinth
Road near West Mt. Road. We understand that the project is being sponsored by Home Front
Development Corporation, a nonprofit housing corporation as is to be built exclusively for
middle income families. We understand that a change of zone from SR1A to SR20 has been
requested in order to build this project. We believe this project to be beneficial to the our
community and we ask the Queensbury Town Board to approve the change in zone requested.
SUPERVISOR BORGOS-Thank you.
MRS. PULVER-Just generally the residents of Bedford Close feel that this type of project
will only enhance our community.
SUPERVISOR BORGOS-Thank you.
COUNCILMAN MONTESI-Steve, at this point there was one issue that Mr. Eddy raised and
I guess, not as a rebuttal but as a general reply, as I understand it, the night of the Planning
Board took vote on this issue, their recommendation was a 3 to 3 tie as you pointed out and
you thought that one of the members should disqualify herself from the proceedings. The
question was raised that night, the counsel, the Town Attorney whose also the Attorney for
the Planning Board, said as long as the Planning Board did not have a financial interest in
the project, that she did not have to disqualify herself from the vote and that was the ruling
that night, so it was at least presented to the public ...
MRS. PULVER-I thank you Mr. Montesi for clearing that up. The public is a little confused
as to exactly what my connection is with that and I did have counsel on that and I'm also
exempt because I operate through a non profit project.
SUPERVISOR BORGOS-Thank you. Now that that is said, anyone else who wishes to speak
for or against or ask questions about the proposed rezoning? Would you identify yourself
again, please?
CHARLES ADAMS-From the firm Adams and Riches, the applicant in this action before the
Board. I think maybe it would be useful for those who may wish to participate and perhaps
review, for the rest of us, to quickly say about what this petition is. We're asking for a change
in zone from 1 acre zoning to 20,000 square foot per lot zoning on a 23 acre track approximately
on Corinth Road for the purposes of building affordable housing. The affordable housing
that we have in mind is defined to be housing which can have mortgages on it that can be
afforded and can be approved by FHA or SONYMA or conventional lenders, some mortgage
source by a family having median income in this area. Median Income in this area according
to the United States Census or the HUD figures or the Warren County Planning Department
figures, is in the low 30,000 dollar a year range for a family of 3 or 4. So in essence what
we imagined this project would consist of is housing for people in the salary range of 30 to
35,000 dollars, that is depending on whether or not A formula by New York State is used for
certain kinds of assistance that might be appliable or applicable to this project. But in any
event to start off being qualified in roughly the 30,000 dollar range which essentially includes
the larger percentage of most of our public servants, our teachers, our fireman or policeman,
so on and so forth, those of you who have heard me before recognize that's a standard line
that I have. There does in fact in the salary and wage surveys that we have done and with
the Adirondack's Regional Chamber of Commerce has done and the Adirondack Developmental
Corporation associated with it has done, indicate that hospital employees, bank employees,
educational employees, civil servants, etc. are precisely the families who have the medium
incomes that that are being part of it, by New York State Affordable Housing Corp. projects
of this kind. This project has been submitted and the candidate for funding from the New
York State Affordable Housing Corp. in the event the zoning change is made we are told
that there is a firm possibility that funding will be made I think it is wrong the hold it out
to you as some kind of lever, that necessary to hit people over the head with. The fact is
affordable housing has to be learned how to be built in order to house middle income people
regardless whether or not New York State Affordable Housing Corp. makes a grant or not.
s/7.
We have every reason to assume and we have been assured by telephone and other communications
that if the zoning is put in place and if the variances are put in place and if the Town of Queensbury
evidences a concerted desire to build this kind of project then there will be up to $750,000.
in grant funds available to help build this project. There has been questions on how those
grant funds might come about. I should point out that this project is sponsored by a nonprofit
...corporation, it is simply the fact that is determined by the Senate in the State Legislature
that under the statutory provisions by which the affordable housing corporation was created
and by which it operates, grant funds are only allowed to be made to non profit housing corporations.
Contractors, developers whoever else will never see that money. The money comes into the
non profit housing corporation and in the particular project being proposed here the funds
are not called for from the State nor are they utilized by the local non profit corporation
until such time as the housing is built, ready to be occupied and the mortgages are prepared
for signatures. So, there are a number of rather unique considerations that have to do with
this project with respect to the fact that it is the candidate on the application for State funds
on the other hand the standard tried and true questions have to be asked about the project
as well as Mr. Eddy was talking reminded me of that. There is another question that has
been asked that I think we must address just so we don't promote rumors about it at least
and that is, there has been some talk about who is getting rich on this project? It is simply
a matter of public information and a matter of public record, what the fees are involved
in this project. The firm of Adams and Rich in which I am affiliated and Mrs. Adams is President
of is the developer in this project. The developer, as you well know works from start to finish
to think of the project, look for the land, buying the land, obtaining the architects, work with
the engineers and require the financing necessary to get it built, help market the project,
get the mortgage money arranged and hopefully finally see somebody living in the housing.
For that job, our firm receives a fee and this particular project 6.06% inotherwords for approximately
the amount of a real estate commission we are serving as developers for this firm. Another
question that has been raised and others in the audience have asked me to address it just
because it has kind of been under the surface and not brought out for discussion, but I think
it should be brought out for discussion and that is the idea that gee, why are you thinking
about an out of town contractor, after all there are a lot of builders,developers and contractors
in the greater Glens Falls area that would love to have this work. The answer to that question
is quite straight forward, we put this, in order to determine whether or not we had a candidate
which could be submitted for application for funding with New York State we had to determine
as carefully as possible and made a commitment to build a project for X amount of money
under circumstances we found in the application. In the consequence of that requirement,
we put the project out to bid, four local contractors requested the bid documents two out
of town contractors requested the bid documents. When the bids came in the strongest and
lowest bid happen to be from an out of town contractor. If it had just been nickels and dimes
that would not have been a major problem because it happens that both Mary Adams and
Charles Adams sit on committees of the Adirondack Regional Chamber of Commerce for
...reason that to develop local business and to bring business into the area. Unfortunately
it was not nickels and dimes, the lowest bid from the strongest contractor was an out of town
contractor and the bid was fully $5,000. a house less than the lowest bid from a local contractor.
New York State would not look kindly upon treating this project as though it was a welfare
program for local contractors and real estate agents. They want hardcore housing built for
hardcore dollars such that medium income people get the best buy for the dollar. The additional
issue that was handed to me a few minutes ago that someone in the audience thought should
be addressed, and that is the I guess the issue that perhaps prompted some of the remarks
Mr. Roberts made in the article in the morning paper, having to do with conflict that he thought
between what this project was requesting and how it might conflict with the Master Plan.
I do not know that we really have to ....over that, Mr. Roberts certainly a man of long standing
in the community and well qualified to defend his own position. The assertion that this is
illegal spot zoning has already been dealt with. The assertion that this is somehow in conflict
with the Master Plan just simply, at least according to the best analysis we have been able
to do, just simply does not hold water. The master plan makes a public commitment for the
Town of Queensbury to build affordable housing, unfortunately the master plan does not say
how to do that. It does however seem to link to development and construction of affordable
housing to some indefinite construction, construction in the indefinite future, infrastructure
in the Town of Queensbury. In other words, the Master Plan appears to say, okay, guys we're
going to make a commitment to affordable housing but first you've got to build sewer and
water. Some reason there's, the logic of that seems to me evasive. Affordable housing no
more needs sewer and water than half million dollar homes need sewers and waters. They
can in fact rebuild the septic system so we're not quite certain why the Master Plan would
seem to indicate that affordable housing has to wait until the Town makes a decision and
raises the money to build sewers and water. But whether or not that is the case, lets suppose
that if that were still the case that that's the way to do it, the Master Plan flatly says, on
the last page in paragraph 3, that the issue of affordable housing is complex and quote, beyond
the scope of this Master Plan, end of quote. The .... says forth the suggestion that affordable
housing committee be formed by the Town Board to examine the issue. I believe such a committee
was formed by the Town Board but I think its also of the case that until this project came
along probably not a great deal was done with respect to policy or efforts to make affordable
housing available in the Town of Queensbury. Now, I don't know if I've covered what I should
have covered or anything else, the purpose here perhaps, is not as clear in my mind as it should
have been, but these are issues that I think have been useful to bring up and they're certainly
open for questions if anybody wants to make it. A number of people have asked it they could
make statements here tonight in support of the project, I don't feel that I'm like I conceive,
but there ar6 a half dozen or 8 or 10 people who have made that request.
SUPERVISOR BORGOS-Any of those individuals wish to they may. We thank you very much.
I think you have covered all the topics and concerns that I've heard personally and we'll have
a chance to go back and ask you more questions I think. Anyone else in the Audience?
BERNARD RAHILL-I'm a resident of the Town of Queensbury and I have a question for the
Board at the end of the segment that has just been made with regards to a committee for
affordable housing and the characteristic of the Master Plan. The question is the following,
will this be a precedence for down scaling zoning in Queensbury?
SUPERVISOR BORGOS-That's an interesting question. It would be my best information to
you, that as is in the case of this particular situation, every request for rezoning, will have
to come to the Town Board and it would then go to the Planning Department and the Planning
Board and then back to the Town Board at which time a public hearing may or may not be
held. For your information a number of people have requested rezoning since the Master
Plan went into effect and new regulations, October first, 88, more than half have been rejected
and have never even gone to public hearing.
MR. RAHILL-I have a second question with regards to the project itself. But I'm not saying
that I am negative about the project, I'm just trying to bring up some questions with regards
to the characteristics of the project. We've outlined here that we have vegetation, we have
clusterness, we have trees and we also have septic tanks. Where are we going to have our
swimming pools?
SUPERVISOR BORGOS-Well without being facetious its been ...
MR. RAHILL-I'm not being facetious.
SUPERVISOR BORGOS-This has been presented as affordable housing, my guess is most people
who can barely afford to build these houses, probably won't be able to afford the swimming
pools.
MR. RAHILL-Now will they be using Gurney Lane and are the recreational facilities that
we have at the present time in the Town of Queensbury sufficient to provide for all of the
middle class and lower middle class residents in the community and I encourage you to think
about something to improve in the future upon this particular aspect of our community in
order to forward the goals of the Master Plan to preserve the characteristics of Queensbury.
SUPERVISOR BORGOS-Gurney Lane Pool is open to any resident of the Town of Queensbury
in fact I know of no one who has ever been refused regardless of where their residence is.
.Yes, this Town Board is working very diligently to work for more recreation and no we do
not currently have enough recreation or swimming facilities for the residents of this community.
In my opinion, others may not feel the same way.
MR. RAHILL-I understand that Steve. I'd like to ask one more question. Is the Town Board
considering seeking funds for ample facilities or for a swimming area in Queensbury from
the bond issue that will be voted on in November and has .. the Board gone to federal government
for additional funds for recreational facilities for instance something like Round Pond, which
I understand is for sale and whether we confine the funds Federal or State for that recreational
facility, would be an interesting impact on more communities, more houses, if we have 40
more houses, we'll have a lot more people in Queensbury, I can see that, we have to think
in terms of open space and also in terms of recreational facilities for the all the people in
the community because we do not want to repeat Brooklyn, Queens, Long Island and Westchester,
we want to be better than that.
SUPERVISOR BORGOS-We are already. I'll try to boil that down to the heart of your question,
I think that was, is this Board willing to attempt to receive some funding through the bond
issue that is about to be voted on, my answer to you would be, number 1, I don't believe the
residents of this area are in favor of that bond issue in general. But for your information
there is a considerable amount of money left over from the Environmental Quality Bond Issue
of several years ago, 1984 or 6 somewhere in there. So there is money there, we have applied
almost annually for that funding and so forth we have been turned down because we're deemed
to be affluent but we will continue to apply for that funding. If the other materializes, certainly
we will go after that.
MR. RAHILL-Well if we are too affluent, why can't we have enough water, recreational facilities
for the people of the Town?
SUPERVISOR BORGOS-I said we have been deemed to be too affluent by those people who
make decisions for the bonding. We certainly are looking for recreational opportunities all
the time.
Si 9
MR. RAHILL-Alright, one more question. In regards to the number of bedrooms per house,
how much will this impact schools and the community. For instance, you've got 3 bedrooms
per house, how large are these houses going to be, how will they impact the schools in the
community in terms of density also?
SUPERVISOR BORGOS-I'll ask Mr. Adams to address that. That's ... related to this particular
question, it's close.
MR. ADAMS-There are 3 styles of houses in this project and there are 5 models in the project
but roughly one can say that they range from a small 2 bedroom cape to a modest, probably
most of you would still say it is small, 3 bedroom raised ranch and that's about the best I
think I can do on bedrooms. I don't know how to address density with the regards to the school,
perhaps someone else would have to address that.
COUNCILMAN MONAHAN-Mr. Adams, I understand that there's going to be some area within
these houses that can be finished off by the homeowner later.
MR. ADAMS-Yes.
COUNCILMAN MONAHAN-That possibly, conceivably could lead to more bedrooms within
those for ..., correct?
MR. ADAMS-1 believe that is correct.
COUNCILMAN MONAHAN-So your 2 bedroom cape could conceivably, if you go to the worst
case scenario, become what?
MR. ADAMS-Well I would say, if it went to the best case scenario, it could become a 4 bedroom
house.
COUNCILMAN MONAHAN-I'm looking at it from Mr. Rahill's point of view. Then a 3 bedroom
raised ranch could conceivably go to?
MR. ADAMS-Well there's 3 bedrooms on the main floor, if they wanted to finish another bedroom
or 2, on the ground floor, they certainly could do so, it would not be a major problem to do
that.
COUNCILMAN MONAHAN-So 5 would be the maximum, probably bedrooms ...
MR. ADAMS-I would surely think so.
COUNCILMAN MONAHAN-Thank you.
MR. ADAMS-1 would want to point why in fact that the houses have been designed this way
and we've gone really to great effort to do it precisely this way. New York State Affordable
Housing Corporation, I think probably any community associated with affordable housing
has a compelling issue in mind and that is not just what the cost of the house is on day one,
that is what the mortgage amount is on a house, but how affordable is that house going to
be over 10 or 15 years. Suppose we have for an example a Deputy Sheriff in Warren County
who makes 19,000 dollars a year, 20,000 dollars a year and his spouse or her spouse works
as a bank teller for eleven or twelve thousand dollars a year, roughly a medium income family
of thirty, thirty-two thousand, thirty-three thousand dollars a year in Queensbury. Ok, now
as the family grows they are faced with a rather difficult issue, if they move out of that
house they have to buy into housing that clearly is not affordable or at least in market rates
that may be very difficult for them. New York State Affordable housing Corp. compels the
applicant to state how they are going to address the issue of continued affordability, what
we have attempted to do is to design a house such that as a family grows interior space can
accommodate the growth in that family. It is by this mechanism that we believe the greatest
dollars of affordability can be maintained in a house over a period of ten to fifteen years.
One, more answer to the question about recreational space, just an antidote here, but, there
is a twenty thousand dollar item in our budget to give to the Town of Queensbury for that
recreational fee rather than setting aside land, for that sort of thing maybe that would buy
apiece of that lake ...
SUPERVISOR BORGOS-Thank you. Rather than comment on each one of these, to take the
time to go through them, I see a familiar hand would you wish to walk to the microphone
sir, oops I was looking behind you but that is OK, Mike you are both familiar, go ahead.
MIKE BAIRD-My name is Mike Baird, residing at 435 Corinth Road, I have been here several
times in the past year and a half and I feel personally afflicted here tonight, especially by
the paragraph in the newspaper this morning. I want to point out first of all, I do not know
a lot about the project, I do not have anything personally against affordable housing. I think
that, please correct me if I am wrong, I have done a lot of homework in the last year and
saw
a half. I think we are discussing things here tonight that really shouldn't be discussed maybe,
like how many bedrooms?
SUPERVISOR BORGOS-This is a borderline thing, I am trying to keep the meeting moving
and maybe now and then one word does not belong but...
MIKE BAIRD- I think,maybe you Steve, out of all the people really understand why I am here.
We are talking about spot zoning. Back in August I started just spot zone my property, maybe,
just maybe I am missing something here but I went seven months it took me, Ok to get my
zoning changed. Now, if it passes here tonight or even in a month I mean, as I understand
it has been worked on now, one Planning Board and this is the first Town Board and this will
be the second Town Board Meeting after three months so far. I spent seven months.
SUPERVISOR BORGOS-Let me correct you, it has been quite a few months, because, again
it went through the process, the application for the rezoning came in, it first came to the
Town Board, the Town Board sent it to the Planning Dept., the Planning Dept. sent it to the
Town Planning Board and the County Planning Board I believe has it and now it has come
back to the Town first for an all Star meeting, we have had it for several months.
MIKE BAIRD-That is all fine and well, except for the fact that you understand, do you realize
that I had to come in here and I got...
SUPERVISOR BORGOS-Let me interrupt you for a minute just so we do not take off on a
tangent again. I hear what you are saying, we are all familiar with the problems that you
had, I apologize for the fact that your project took so long...lets, if you want to talk about
spot zoning as a concept, fine, we have an attorney to discuss that, but, lets talk about this
project.
MIKE BAIRD-All I want to know, if there a difference between my spot zoning, why, I mean
everybody around me was for my business to be changed to the light industrial and everybody
did not mind if it got changed to spot zoning, for some reason I had to get fifty-one petitions
to change the whole entire area as compared to here, now we are going spot zone all of a
sudden and what is the difference.
SUPERVISOR BORGOS-Your situation, in your situation, many people requested a rezoning,
I would ask our Attorney if there is any difference had Mr. Baird come in and just requested
a rezoning of his one particular parcel would that have been different?
ATTORNEY DUSEK-Yes, there is a very big difference here, the, in the situation that Mr.
Baird was in I believe that was residential, I think, if I recall correctly. What the Town Board
was considering was going from a residential to a light industrial use, the light industrial
use had it just been strictly for Mr. Baird alone it would have been difficult to try and show
how that is going to benefit the surrounding community and how it would only be not a benefit
just to you. Where affordable housing is a more general type of issue that effects the entire
community.
MIKE BAIRD-So, I was entrapped by the fact that I did in effect file for myself by myself
and at the same time apparently another business in the same area filed within two weeks
or whatever.
SUPERVISOR BORGOS-1 do not know what motivated which people, I know when we got the
request many properties came in at one time.
MIKE BAIRD-Right, as I understand it, I was wondering, you know it took me so long, do you
realize to this day now it has been over ten months and I do not have a building permit.
SUPERVISOR BORGOS-I am fully aware of that.
MIKE BAIRD-Right, I know that, and then you understand where I am coming from and I understand
that in two days on the 25th that this vote right here is going to the variance board already
pre-planned.
SUPERVISOR BORGOS-That would be provided that it gets approved this evening.
MIKE BARID-I had no idea that you could preplan a meeting...
SUPERVISOR BORGOS-The Chairman of the Zoning Board of Appeals, let me ask you a quick
question, Ted Turner, is this project on your next ZBA agenda at the moment?
Would you identify yourself please before you answer this?
TED TURNER-CHAIRMAN ZONING BOARD OF APPEALS-No this is not on our Agenda,
because it was not advertised and also you gentlemen did not hear it the last time because
of the advertisement so I took it off the agenda because it was kind of like the cart before
the horse.
SUPERVISOR BORGOS-Thank you very much, Mike, it is not on the agenda.
MIKE BAIRDAI mean, that is the only reason that I am up here talking, I seem to follow the
rules and do the homework and everything as I sit home and watch buildings go up in .. it
only takes two or three months, you have to understand where I am coming from. And it
still stands I do not even have an agenda officially for my project. ...the train goes by the
smoke...
SUPERVISOR BORGOS-We have a great deal of empathy for that, a number of people have
come in with problems related to the development process in the Town of Queensbury and
we are trying, believe it or not, to speed up that process to make it available to everyone
without tremendous expense and to get answers for you more quickly. Anyone else who wishes
to speak for or against, Mr. Tucker, now, with both hands in the air.
PLINEY TUCKER-Ward 4, My questions have to do with economics. Can we talk about that?
SUPERVISOR BORGOS-If it relates to rezoning, sure.
PLINEY TUCKER-I believe it does, stop me if it doesn't. I would like to know the cost per
square foot?
SUPERVISOR BORGOS-You are getting close. Lets answer that and see how far we go.
MR. ADAMS-To some extent it is a little ambiguous to state a cost per square foot because
of the question Mrs. Monahan asked, and it revealed that quite a bit of ..is for interior expansion
of space in the future and general these are houses which on day one have approximately
1,000 sq. ft. of finished space, also sitting on full basements and with additional space for
expansion interior. The average price of those houses is approximately $80,000.
PLINEY TUCKER-I feel a little bit depressed here tonight, I found out tonight I am a hell
of a lot poorer than I thought, really. When they talk about affordable housing, for somebody
earning thirty-one thousand dollars, I do not make that now. My god I got a swimming pool
besides. I have talked to real estate people, the people that are in the business of selling
affordable housing. I spoke to one today there are 100 units in the Glens Falls Queensbury
area as of today in the 60 to 80 thousand dollar class. Now, they are not brand new but they
are there. It bothers me the way I understand this and maybe I am wrong it bothers me that
thirty of these units, these people are going to get a twenty five thousand dollar down payment
from this federal money, is this the way it works?
SUPERVISOR BORG OS-Essen tially.
MR. ADAMS-It could.
SUPERVISOR BORGOS-If the grant is funded, this is my understanding.
PLINEY TUCKER-My question is, five years down the road these people decide to sell this
unit, what happens to the twenty five thousand dollars taxpayer money that was a loan to
these people to buy these units?
SUPERVISOR BORGOS-Again, the question is close, I will ask Mr. Adams to provide the answer.
MR. ADAMS-The provisions set forth by the Senate of the Legislature in the State provide
for what ever grants are made to the buyer to be refundable pro-rate in the event the buyer
of the house sells the house and makes money on it during a certain time period. The project
being proposed here is, that if the family that buys the house sells the house within fifteen
years and makes money on it they have to refund some pro-rata share that into the affordable
corporation fund to build new affordable housing. Just a quick side, on the 100 units that
the real estate industry tells you that may be available in the sixty to eighty thousand, sixty-five
to eighty thousand dollar range, do kindly take the Second step and try to determine how
many of those houses will qualify for an FHA mortgage, a SONYMA mortgage or any other
kind of mortgage like that? Typically those houses are reject by FHA and SONYMA because
there is wiring and plumbing systems are substandard and in structural disrepair and maintenance
problems such that conventional financing is often the resort of the buyers of those houses
which means large down payments or at least the complaints that we have had large down
paym ents...
PLINEY TUCKER-I understand that the information that I got, that these houses were acceptable.
The biggest problem with these units, SONYMA and whatever is the down payment that they
require. Supposedly SONYMA was set up to take care of affordable housing, but, most of
these people that get involved with SONYMA do not have the five percent or six percent
down payment that is required to put these things together. This last batch of SONYMA
money that came out in the Glens Falls area, they are restrictions on the areas
that you can buy the houses in you know what I am talking about, Marilyn, to buy these affordable
units the money could not be used in these areas because of the price differential from the
time the law was passed until it was put into fashion out herein the field. Looking long range
as you know I am building over in Hidden Hills, building houses over in Hidden Hills
SUPERVISOR BORGOS-I did not know where.
COUNCILMAN MONTESI-Half acre lots?
PLINEY TUCKER-One third of an acre at $26,000.
SUPERVISOR BORGOS-The land or the fully completed house on the lot?
PLINEY TUCKER-For the land.
SUPERVISOR BURGOS-For the record we were comparing with 80,000 which was the other
number I thought maybe we had a good deal.
PLINEY TUCKER-Some of the other questions I would like to ask, what changes outside of
density if there are any are being asked for as far as ...
SUPERVISOR BORGOS-Again, the only request for this Board is the rezoning to change the
density. There will undoubtedly be requests for the Zoning Board of Appeals I understand
there is a side set back request pending and there are a few other items but that is the one
before this Board is to change the density which means changing the zone.
PLINEY TUCKER-Well, being in the business and I kind of like to know what you are going
to be doing for these people? I might be able to build affordable housing if you do it for me.
SUPERVISOR BURGOS-And you will be in here before us to request the rezoning.
COUNCILMAN MONTESI-Look, I asked some of those same questions, I guess one of the
things is one of the plans was that each home would share one septic tank, so you would have
two homes on one tank. The tank would be in a home owners association parcel of land so
that the home owners association would receive the maintenance of that tank so that it would
not be an argument between neighbors who use more of the tank space. By allowing less
frontage or less side lots that means they have less road in for each house to be clustered
around a roadway so that the amount of infrastructure the pipe that you put into the ground
the water pipe the roadway that you pave will be less. I guess the clustering effect and the
zoning board of appeals has to approve of the side line setbacks because as you pie shape
the parcels on this road if you will, the side lines become critical. One of the questions I _
looked at was if you do that can you at least put a garage on this house? I guess that is part
of the variance procedure because without the garage it is ok, but, if you have a one car garage
you are going to exceed the side line setbacks so that is another consideration. Yes, there
are some considerations that they are asking for perhaps they might come in and ask, I heard
that they be allowed free taps instead of the Town giving them free water taps, that is another
consideration. Those are kind of questions that we are wrestling with.
PLINEY TUCKER-I had a conversation with a Board member here a week or so ago and we
were talking about this project. Most people that I talked to what bothers them the most
is the $750,000 taxpayers money that is going into this project. I know people need help,
they need a start but it seems like if they get this kind of help that when times get better
that they ought to make an effort to pay this back to the system.
SUPERVISOR BORGOS-There again, philosophically I am sure a lot of people would agree
with you, the question is, is that something controllable by this Town Board and the answer
is no. That is something that is set up by State Law, administered by State Agencies. It
is a terrible answer but if it does not come here it will go somewhere else it is not money
that will be returned to the taxpayers.
PLINEY TUCKER-Sometimes that isn't too bad, if it goes somewhere else.
COUNCILMAN MONTESI-Pliney, there is a bigger issue, you are saying that they should pay
the money back we are wrestling with the problem of rezoning a parcel of land that may
get the money, suppose we rezone and they do not get the money, then what happens? That
is the bigger question that I have to deal with because I am assuming that they are going _
to get the money and I am going to rezone based on that assumption. If we rezone and they
do not get the money then what happens to the affordable housing project?
PLINEY TUCKER-What happens down the road if you rezone they do get the money and somebody
else comes in here and the Planning Board says no you are not going to do it, they come before
the Board again.
COUNCILMAN MONTESI-Well, that is not as critical to me as if I rezone and they do not
get the $750,000 subsidy then they have a very nice home that is going to market for $70
or 80 thousand dollars and no subsidy. What have I done, I have given a preferential treatment
maybe to one developer.
PLINEY TUCKER-I believe that anyway. I believe you are giving it...you have not given
anything but I believe...
COUNCILMAN MONTESI-That is a question that has to be asked too.
PLINEY TUCKER-Who can this gentlemen tell me who the, or where the prime contractors
arelocated?
SUPERVISOR BORGOS-Again, I do not think that is relevant but for your information go
right ahead.
PLINEY TUCKER-It is to do with economics.
SUPERVISOR BORGOS-That is a real quick answer.
MR. ADAMS-Yes, no contacts have been negotiated the bid from the largest and strongest
and lowest bidder is from Rutland Vermont who is building Courtland Town Center.
PLINEY TUCKER-Do I understand that the information I got these are going to be pre-fab
in Penn.?
MR. ADAMS-The housing was put out to bid and the bidders could bid either with manufactured
housing or with panelized manufactured housing or with stick built housing. Actually the
highest and the lowest bid which was modular housing, the stick built house was neither the
highest or the lowest.
PLINEY TUCKER-It appears that if, when and why and before this project goes there is not
going to be very much work for the local people to be involved in this project.
SUPERVISOR BORGOS-I would presume there would be at least foundations, driveways and
parking lots, septic systems, plumbing and a good deal of electrical.
PLINEY TUCKER-I will tell you something Steve, in case you do not know it, people in Vermont
work for a lot less money then people in New York State and they drive over here all the
time. Our big malls in the Town of Queensbury were basically built by people from Vermont.
SUPERVISOR BORGOS-We are happy to have them join us, regularly for sale tax purposes.
PLINEY TUCKER- Not when they come and take our paychecks we are not. Thank you.
SUPERVISOR BORGOS-You are welcome. It will be fun to spend an hour or more with each
of you, each one of us. Jack?
MR. JACK CUSHING-First thing I got to do is put on my glasses.
SUPERVISOR BORGOS-Then next, name and address, please and affiliations if any.
MR. JACK CUSHING-My name is Jack Cushing, I am representing myself one...citizens living
on Orchard Drive in Queensbury, number 2, Chairman of the Board of the Adirondack Regional
Chamber of Commerce. I want to break this down into three quick segments, but, I have
already given to each member of the Board the letter from James Berg who is the President
of the Adirondack Regional Chambers of Commerce and for the sake of brevity I am just
going to mention a couple of paragraph in here. The opening paragraph he states my this
letter I wish to express my strong and personnel thoughts of the change in zoning being proposed
for a track on Corinth Road for the purpose of building homes for family who are considered
middle income, (tape changed) also to the best of my knowledge the Corinth Road site is
both appropriate and economical for a project of this type. Further I understand from the
proposals and the sponsors of this project every effort has been made to be concert with Town
Officials to ensure that a change in zoning to facilitate the construction of this project
cannot be abused and utilized for some other purpose. I would further state that Jim Berg
although he does not live in Bedford Close is very, very close to this affordable housing project
so he will be a neighbor. The second statement that I would like to make is on behalf of
the Adirondack Regional Chamber of Commerce the Executive Committee. The ARCC Executive
Committee has considered the issue of affordable housing the Executive Committee has resolved
that efforts to stimulate and cause the development of affording housing will be encouraged
and supported. The lack of quality of affordable housing will have a devastating effect on
our regional economy. Companies that consider locating in our region sight the availability
of affordable housing as a main criteria for their decisions. Building affordable housing is
a difficult task which requires the cooperation and dedication of all concerned both public
and private sectors, landowner, developer, municipality, bank and community housing organizations
must for a partnership to make this happen. Homefront was developed from the ARCC Committees
say.
after many months of work by numerous volunteers from the community at large. The Homefront
sponsored project you are considering this evening has been reviewed by the Homefront Board
of Directors the ARCC Executive Committee and the Regional Economic Development Council.
The proposal has met with unanimous support. The ARCC urges the Town Board to take whatever
action necessary to allow this project to come to fluorition. We believe this action following,
allowing Inspiration Park to be built will serve as a model for Towns throughout our region
and the Northcountry. That is signed by myself as Chairman of the Board. The third segment
of this and I state as a private citizen, serving as a volunteer, I have been a member of the
Queensbury Central Volunteer Fire Company for a number of years the past three years as
President of Queensbury Central also a member of the Fire Study Committee which for the
district the total district for all five fire companies in Queensbury and also the retirement
committee for the fire companies in the district. I have come to realize in talking with all
of these different companies some of the problems facing volunteer firemen today. If Queensbury
Central is representative around 50% of our volunteer could be effected by affordable housing.
I am probably being conservative because it is probably a lot higher than the fifty percent.
I have discussed this with many of the members of the different companies we have at the
Town of Queensbury today around two hundred volunteer firemen, now if we take that conservative
figure and say 50% here we have 100 people who are serving you in this very hazardous capacity
that could effectively use affordable housing. We also have quotas in each of our districts
which cannot allow them to live outside the district in which they serve, some may but that
may be an answer to the question of the gentlemen just a few minutes ago where there might
be a hundred houses in the area that are sixty thousand dollars and up for the coat tht►t thoy
would have to pay for them. So, I would be willing to bet that a great many of these are
in the City of Glens Falls which means that our Volunteer Firemen could not take advantage
of that if we have reached the quota of people living outside our districts. So, what I am
saying here, this is a large volunteer service group and if you can see your way clear to help
them to serve you better through affordable housing I think it would be a great additive.
Thank you.
COUNCILMAN MONAHAN-Mr. Cushing, this is not fair to do this to you because you did
not write the letter, but I had already underlined a sentence in here from Mr. Berg's letter,
further I understand from the ...sponsor of the project that every effort has been made in
consort with Town Officials to ensure that a change in zoning to facilitate the construction
of this project cannot be abused and utilized for some other purpose. I will now ask our Attorney
a question. Would any mechanism that we have on the books and at this present moment
once we rezone this piece of property we lose all control of it we cannot control it with conditions,
that is a question? Once we rezone it if there is any control we have over it at the present
moment with anything we have on the books somebody could put a 500,000 dollar condo on
it and we could not stop them.
TOWN ATTORNEY DUSEK-I have been researching this and I have also asked Karla to research
this point along with me, we have read over numerous cases on this issue plus we have been
in contact with other Towns who have, one other Town which has had conditional zoning or
.these type of issues come before them. First of all if the Town Board treats this as it is presented
to it as a regular rezoning, rezone to a R-20 that would be it and it would the R20 for whoever
wanted to use it should this project not go through. However, there appears to be some authority
for placing conditions upon a rezoning even if you do not provide for conditional rezoning
in your ordinance. It is a very tricky area however of the law because if you get to be much
what they call contractual zoning which is something very similar it could be declared to
be illegal. So we are kind of walking a tight rope here trying to find out, how many conditions
you can place on it to get the goals that you want to achieve which is not to have it for $500,000
condominium well at the same hand stating within the realms of what is legal. Unfortunately,
we were not able to complete the research until we had, had the full input of the public hearing
and the Town Board tonight before giving any final recommendation. What we wanted to
do was after having all this information go back and get a sense from the Town Board of what
it is that you would like to do and go back and study it and see if we can make any proposals
of what to do about it in a legal fashion that gets your objectives accomplished. Now, I cannot
make any guarantees at this point because I am not quite sure where we are going, but I can
say that if you just simply rezone to an R20 that would be rezoned for all purposes and it
would not be easy to change it back.
SUPERVISOR BORGOS-While we are on this topic so we do not have to come back to it again
later, Mrs. Potenza has a question related to this.
COUNCILMAN POTENZA-Council I was wondering if it is possible for the owner property
were to put a deed restriction into his deed? Would that not protect us?
TOWN ATTORNEY DUSEK-That is one of the methods by which conditional rezoning is accomplished
is through the use of deed restrictions, however one of the issues that we find we are faced
with, believe it or not, this is a fairly new type of instance of where you would use conditional
rezoning, frequently for example they use conditional to say well we will rezone you from
a residential to a business but you are going to have to have a minimum of this type of set
back you are going to have,to have bushes in place you are going to have to have the normal
types of things that you might find already in place in our zoning ordinance. In this particular
S�S
instance we are going to be looking at a provision which will affect or deal with affordable
issue and that is fairly new from what we are able to tell from our research at this point.
Before I give'the Board any solid advice I want to check it out a little further.
COUNCILMAN MONAHAN-Going further on Mrs. Potenza's question, I would ask this one.
If the restriction was through a deed it is my understanding that, that is a civil matter, deed
restrictions are civil matters, Towns cannot enforce deed restrictions.
TOWN ATTORNEY DUSEK-What they have done is made the Town party to the deed restrictions
and allowed the Towns the right of enforcement.
MR. CUSHING-I will try hard to relay that information to Jim...
SUPERVISOR BORGOS-These are not easy meetings...anyone else...again name, affiliation,
address.
ANN ATTANASIO-My name is Ann Attanasio, I am a resident of Glens Falls but I work at
Adirondack Community College, I am the Dean for Continuing Education. I am here to speak
in favor of rezoning for this very simple reason. At ACC we hire in the neighborhood of ten
to twelve professionals every year, faculty and mid-management administrators. Typically
those salaries range from twenty to thirty thousand dollars, many more at the twenty thousand
dollar range then at the thirty and up. We often, we always advertise nationally and we try
very hard to bring to this area the most promising scholars America has to offer in order
for our programs to continue to be strong in the educational system here to continue to be
strong. One of the key factors in attracting people to our region just like the businesses that
Jack Cushing spoke to is housing. People obviously come here and they love the northeast,
they love this region, they need to be able to live and we find that housing is a serious concern
for them. They often are attracting young scholars just starting out, their wife or husband
may or may not work here or need to when they relocate, they are going to need to look for
work and housing becomes a critical factor. First time buyers or those desiring small manageable
homes with lower payments have really few options in our area. As a resident of the City,
this is on the side and not something Queensbury needs to worry about, but I always lived
on a half acre or less. I have three children and its worked great, I like my neighbors, I can
mow the lawn and shovel the driveway and things like that without it being a burden on us.
Our ability to provide for those segments of our community that I think that we so desperately
need here and I am talking about teachers, I am talking about non profit executives I am talking
about nurses, I am talking about single parents who need affordable housing in order to raise
their family in an environment that is conducive to their previous life style. It is something
that we have to have, and also I really believe that timing is everything. I know that one of
the issues is the Queensbury Master Plan, whether or not this is the right time or the right
project. I think if we always wait for the what if's an awful lot of things never happen. This
project is in my opinion very well conceived, very thoughtful in not only what is wants to
do for the people but also how it wants to treat the environment and how sensitive it wants
to be to all the issues of density and things like how ... on Corinth Road what effect it will
have on Schools and things like that. I would encourage you to seriously consider it favorably,
I think it would be a very good thing for Queensbury and obviously a good thing for the College.
Thank you.
SUPERVISOR BORGOS-Thank you....Yes, Sir, come forward and identify yourself.
MR. BENNETT DRISKILL-Thank you Mr. Borgos, My name is Bennett Driskill, I am a resident
of Regency Park I am also a not for profit administrator in Glens Falls covering all of Warren
County. I would like to just address the character of the type of people that I think would
take advantage of the units, the homes in the proposed site. As a resident of Regency Park
a lot of my neighbors are professionals in mid-management positions, civil service workers,
a variety of different positions in the type of income categories that we discussed. I think
they would be an outstanding addition to the Town of Queensbury taxpayers in response as
to what they can give back to the community as Mr. Cushing said I think, they give back things
like being volunteer firemen, coaches, recreational volunteer, volunteers in a variety of different
types of programs available to residents. I think most of the people would be outstanding
residents and of course taxpayers. I think the people that would take advantage of the rental
units that I lived in for quite some time would also be advantageous residents of the Town
of Queensbury. I think they are people who like myself are interested in purchasing a first
home are people who are looking for that first break and trying to save up their monies and
- within a year or two, three or four years could also perhaps a candidate for that type of housing.
So, I guess I just wanted to emphasize the character I think of the people who are candidates
for those types of units and I think that they are good hard working people who would benefit
from this type of proposal which I support and also would be viable members of Queensbury.
SUPERVISOR BORGOS-Excuse me one second, in some of our comments, we are getting
very close to staying not where we really should be and it is extremely difficult we want
to try and talk about the issues of density, traffic and impact of rezoning an area, perhaps
more so than who is going to live there and the number of children of course people can live
anywhere in the community and have any number of children fortunately and at this point
in our society. Ok, Mr. Faircloth, Martin, introduce yourself please.
MR. MARTIN FAIRCLOTH-Good evening, My name is Martin Faircloth, I am a resident of
Queensbury, I work at the Adirondack Regional Chamber of Commerce, I am also a Board
Member of Homefront Development Corp. I just have a few brief comments, while I believe
it is hard to find reasons to be against affordable housing and in general concept the issue
of supporting affordable housing development is one that is widely embraced and supported.
The practicality of building quality homes to be afforded by those families with medium income
is a different matter. It is immensely difficult in fact it requires a commitment at a true
private public partnership. This project is one that I would hope will reflect that commitment
and that partnership. The availability of affordable housing is as we mentioned before were
the key criteria for both local businesses expanding and particularly businesses out of the
area looking at potential locations in this community. Many communities ... affordable housing
programs that exist, we need not only programs, we need a project in the ground. The project
under consideration tonight if successful widely would send a clear message to business locally
and those looking at this area, that is this is a pro-active and far sighted community. I believe
that we can serve as a model throughout the northcountry that through innovation, ...commitment
and a strong public private partnership we can be successful in meeting the challenge of developing
affordable housing. I believe it is a critical influence tonight for us not to drop the ball.
I would like the Town Board to continue to strengthen this partnership and become active
participants in the plan by taking a positive action tonight and rezone this subject parcel
around this project to move from drawings and concepts to bricks and mortar. Thank you.
SUPERVISOR BORGOS-Anyone else, we got to check everyone first before we go back for
a second time. Pat?
MS. PATRICIA TATICII-My name is Patricia Tatich, I am Director of the Warren County
Dept. of Planning and Community Development, I am a resident of Lawton Avenue in Glens
Falls. I would like to preface my remarks tonight by saying that I have practiced in the Planning
profession, locally for the past sixteen years. I think that 1 have had one of the pleasures
of working here is that I have had the opportunity to work with the Town of Queensbury in
the past two planning efforts, I hate to date myself, starting in the late 70's on through the
late 80's. I will tell you that, when you talk about the issues of density and zoning there are
no greater conflicts than exist and probably with myself in terms of the compromises that
which exist between quality of environment and keeping the character of the community
and the care capacity of the land. As I age in this profession I see a number of things happening,
we talk about in planning, we talk about strengths and weaknesses we talk about threats and
opportunities and what I believe you have before you with this particular project is an opportunity.
An opportunity to build on the planning history in the Town of Queensbury to do two things,
the first thing is to respect the quality of the land the quality that brings us together in this
community and the second opportunity that we have is to use the zoning techniques and all
the mistakes of all the other communities to our benefit. I wanted to speak tonight as a proponent
of this project and also a strong housing advocate. For many of you here may not know this
the Town of Queensbury has a long history in the housing business. In 1979 they received
their first community development block grant program for the purpose of rehabing homes
in the west end they also receive another grant in 1983 they also received another grant through
the county in 1985. To date the Town of Queensbury has made a major statement to this
community to the extent that they have received in excess of 800,000 dollars for the purpose
of housing rehabilitation. This next effort is just the next leg toward affordable housing,
toward the effort of home ownership opportunities. If you bear with me, I would like to read
you a letter that I will give to the Town Board at the close of my comments. Dear Supervisor
Borgos, RE: Inspiration Park and the Rezoning Issue. The County Planning Dept. supports
the development of affordable housing in Warren County Communities which is specifically
directed at home ownership opportunities for moderate income households. Our knowledge
of local housing needs over the past ten years indicates that housing rehabilitation alone will
not be sufficient to meet the housing demands given current population estimates and projection
through the year 2000, in an addendum report we prepared for the New York State Division
of Housing and Community renewal in May of 1980 the Town had a projected need of 6,070
units through the year 2000 to support the population projection of 40,010 persons. The Town
in order to realistically meet identified goals should'develop an affordable housing strategy,
this effort could include the development of flexible development standards inclusionary
zoning techniques and linkage programs that can entertain partnerships with local non profit
housing corporations. The Town Board should strongly support this opportunity to develop
this project as a hallmark effort to engage the foresight of community leaders the dedication
of the Homefront Organization and the resources of the private developers in bring about
affordable housing in this Town. Please contact me if you require further assistance in the
development of your house strategy for the 90's. Sincerely Patricia Tatich.
SUPERVISOR BORGOS-Thank you very much.
COUNCILMAN MONAHAN-Pat could I ask you to explain one statement it) there, flexible
..standards and right after that you came to inclusionary something or other, I know what
exclusionary zoning is but what did you mean by that?
Sg7,
PAT TATICH-Inclusionary zoning, OK. Three issues, flexible development standards, inclusionary
zoning and linkage programs. Flexible Zoning Standards, in terms of cluster development,
cluster development will only work assuming right zoning densities, right issues, right ideas
about how we can cluster homes and still maintain open space and the quality of a given neighborhood.
Inclusionary Zoning Programs, relate to bonus plans, developer proposing eighty units of housing
you are requesting that particular developer to add on an additional ten units of affordable
housing. The bonus situation comes into decreased density waver fee etc., etc. whatever
You would find in your desires to put as a bonus situation. The third one you asked?
UNKNOWN-Linkage program.
PAT TATICH-Linkage programs, linkage programs are traditionally urban oriented type programs
and those are programs which are linked directly to business. Lets say Motorola is going
to come to the Town of Queensbury, Motorola needs housing for seventy employees, Motorola
would engage a partnership with the Town of Queensbury or Homefront organization to provide
X dollars towards the creation of affordable housing. The linkage is linked to a specific type
of business, those are three types of efforts. I have had the opportunity in the last six months
to serve on the Governor's Commission on the Adirondacks and I can tell you the one the
largest element that seems to be hitting home with this group in terms of people's rights
and the ability to maintain the quality of the Adirondacks relates to how we design property
how we divide property and we have come to believe one of the biggest steps that we can
make would be to do a better job at this thing called subdivision and how we go about developing
property. So, I would just leave you with those thoughts and the comments in my letter regarding
this particular project. Thank you.
SUPERVISOR BORGOS-Anyone else, Please identify yourself for the record.
MRS. MARY ADAMS-My name is Mary Adams, I am President of Adams Rich and the wife
of Charles who you heard speaking quite a bit before you tonight. I also have worked quite
a bit with Homefront although I am not on their Board but I have certainly worked on this
project with Homefront. I am also associated with the Adirondack Regional Chamber of
Commerce and chair one of the committee's which has to deal with industrial and business
relocation. I also, ...a lot more time in planning than Pat, since I was on the first planning
board of the State of Texas back in 1946 a little bit of my credentials, I should not admit
that Charles. The reason I am really here is because Homefront and my little company had
a lot of calls from a lot of people since this issue first came up, in newspaper and on radio
and just when the Chamber of Commerce did a survey to see what the need was for affordable
housing we have had a lot of people call us and say when do I get my house. Most of them,
most people are kind of shy about speaking before Town Board's a lot of these are young families
and they are nervous about it and some of the people just do not want to come here and say
I cannot afford to buy a house, and I am kind of desperate. But, there is one person here
that I know plans on speaking and telling her story and took a lot of nerve for her to do it.
Lee Cleveland, she is with the Salvation Army and she had planned on coming not to just
,speak for herself but to speak for many other people that she works with. Lee, fell, Lee is
pregnant and she fell down a flight of stairs today and hurt herself very badly and had to
be taken home and had to have her leg treated it was damaged, she still felt so strongly about
this that she took time to call and send us a statement that she would like for me to read
to you about, it is not too long and it is about in support of the change in zoning for the affordable
housing project on Corinth Road. Lee said, my name is Lee Cleveland I am a professional
social worker employed by the Salvation Army, my husband Robert Cleveland is a correction
officer at Comstock, together we have a family income that is above the medium but like
most other middle income families we have sever housing problems. I am here in support
of the zoning change being requested to build Inspiration Park. I believe I am qualified to
make a statement on this for two reasons, first I am a representative of mid-level and professional
employees of numerous non profit organizations that provide services to the residents of
Queensbury which are not provided by the Town or by private enterprise. Second, our organization
provides very substantial services to the residents of Queensbury. Last year for example
we provided services to 4,231 people in Warren County, 1,029 of those persons lived in Queensbury.
In otherwords approximately one in four of the services we provided in Warren County goes
to Queensbury. The employees of non profit organizations which serve Queensbury have sever
housing problems are growing family for example is cramped in a little two bedroom apartment
in Fort Edward. We searched high and low for a home with a mortgage that we could handle
with our salaries but to no avail. This is not quite true, exists in fact houses that sell in the
65,000 to 75,000 range that we might be able to make payments on. But, structural deterioration
- general disrepair and substandard plumbing and wiring makes the ineligible for FHA or SONYMA
Mortgages. The only alternative is to get conventional financing which requires large down
payments and large closing costs. Most of us cannot handle that big a hit up front. We and
many families like ours that serve the people of Queensbury badly need just the opportunity
to buy decent housing. As common citizens we get very impatient with Town officials who
seem to be toying with our lives by ignoring our needs while arguing by theories of zoning.
We are the people who make your economy work and it seems to us as our elected officials
that you have a solemn obligation to represent our housing interests and how you rezone the
Town's land as well as represent the interest of high flying developers of expensive housing.
Employees of non profit organizations are citizens as surely as high income families and we
sag.
do not deserve to be discriminated against by zoning that essentially prohibits us from living
among the people we serve to my knowledge the Town has no other affordable housing project
to offer in the foreseeable future except Inspiration Park, I respectfully request that the
Town Board approve the change of zone requested to build Inspiration Park and to assist the
project in every other reasonable way to get the project built. It is signed and I will present
it to you.
SUPERVISOR BORGOS-Thank you, please give that to the Town Clerk, so it will be officially
filed. Do you wish to continue speaking?
MRS. ADAMS-You are fortunate that for once in my life I am going to stop and let somebody
else speak.
SUPERVISOR BORGOS-Thank you. Anyone else who wishes to speak, yes, .... Please state
your name and address.
MRS. KATHERINE MARR-My name is Katherine Marr, I live at 15 Staple Street in Glens
Falls, I am a professional home health aid certified by the State of New York. My husband
a native of the area and he is employed by the Town of Queensbury. We have been following
the news of Homefront in hope of affordable housing since last year, just praying that someday
we could be a part of it. We are one of those middle income families that cannot afford to
buy a modest but decent house in this area I have read that some people call families like
ours the worker bees, that keeps our economy running. What that is beginning to mean to
me is that people want us to pollinate their flowers but they want us to live a long ways away.
So far as I can tell, Queensbury Officials have planned and zoned middle income families
like ours right out of town. The Town only seems to want residents who bring in big paychecks
and large employers, that wants its people who teach its children, put out its fire, cash its
checks, takes it blood pressure and investigates it robberies to go live somewhere else. Mr.
Roberts the Chairman of the Queensbury Planning Board even stated in open meeting his
doubt that Inspiration Park should be built in Queensbury at all. With a planning chairman
like that a middle income family in Queensbury don't need enemies. None of us are asking
for a handout, in fact the idea offends most of us. We are only asking that the Town remove
obstacles it has set up so that competent people can build quality homes that can be afforded
by people like us. We are more than willing to pay our own way given half a chance. The
Town has another project ready to go in a part of Town that needs no zone changes then maybe
we do not need a zone change for Inspiration Park, but as far as I can find out no secret like
that exists. Inspiration Park is here today to get us started on the need we have today, too
many of us, it would be tragic if we loose the project. If we loose it how will the Town explain
that to us, these are our lives and the welfare of our families that the Town has in it hands
so I just ask the Town Board to consider the plight of forty families that could live in Inspiration
Park and the hundreds of middle income families just like them and then to approve the zone
change needed to build these homes. Thank you.
SUPERVISOR BORGOS-Thank you very much. I noticed a good deal of preparation has gone
into the presentation this evening, I for one appreciate it, it makes our job a little easier.
Yes, Sir, I recognize, but we will let you introduce yourself.
MR. NICK CAIMANO-My name is Nick Caimano, I live on Heinrick Circle and I am also a
member of the Planning Board. You asked a question, it did not get answered, and I hope
that we can try and answer that question, do you want to ask the question again or shall I
paraphrase it for you?
COUNCILMAN MONTESI-Go ahead.
MR. CAIMANO-Ok, basically your question was, what happens if the project goes through
and yet the financing doesn't come through and I was thinking about that, and I think that
there is no answer to your question. I think what you have to do is kind of take a chance.
I think after listening to Mrs. Tatich and others who are far more knowledgeable about zoning
than I am that I feel confident that you can take this project and try it be a leader in the
Country because after all this is not a Queensbury problem, it is not a Warren County problem
this is a nation wide problem. Be a leader here and see what happens what is the worst that
can happen? What are the probabilities of it happening in the first place and what is the
worst that can happen. The worst that can happen is it is a bust, you have seen it, now you
can make other decisions down the road. I guess I urge you, I forsquare behind affordable
housing and I guess I urge you to take this project and start. Thank you.
SUPERVISOR BORGOS-Thank you for your comments. Anyone keeping score of the Planning
Board tonight? You still need four votes. Anyone else that wishes to speak for the first time?
Seeing no hands, any Board Members have questions of comments at this point? Ready for...would
you come forward...
MR. BOB DICK-My name is Bob Dick, I am not a resident of Queensbury but I do work for
Professional Building Systems and I just thought, I am not sure how the bids went out or maybe
if there was something in the paper as to who might have been the preferred builders to some
degree I do not know and I am afraid I am a little bit ignorant because I do live in the Town
of Moreau but could I ask that question, just how was it advertised in the paper?
SUPERVISOR BORGOS-OK, again...
MR. BOB DICK-It is not relative?
SUPERVISOR BORGOS-Again, we are getting close to that line, I will let Mr. Adams answer
that because it is an interesting question. Again, the Town of Queensbury had absolutely
nothing to do with the bidding process, totally sponsored by the developer, maybe just briefly
in a word to two so we answer the question.
MR. ADAMS-Be happy to answer it, its is the developer that bears the responsibility to the
non profit corporation and the State of New York to deliver the housing, it is not required
at all to bid the project out it is only that the commitment can be made by fixed number
that is acceptable most of the non profit and the State of New York it is cost effective to
do this. We felt we would really prefer to bid this out, in concert with our ...firm and our
engineering firm we selected and we did not publish it, we did not open it up for a public
bid because that is not the way we wanted to do this. We did however go through the list
of well known contractors in the area and in concert with our architectural engineer selected
those that we did select and others and frankly another one or two heard about it and ...as
well. ...I would be happy to identify the local people ..
COUNCILMAN KUROSAKA-You bid by invitation I take it.
MR. ADAMS-We bid by invitation, there were four invites...
MR. DICK-I am just saying, that because in some cases, except for myself, Professional Building
Systems is not high profile in some of the ways people assume high profile should be, it is
just a good company, just plugging along and doing a good job. But, aside from that I just
want to add I think it is a good project, my Son, I am going to be a Grandfather soon, ... but
anyway he is looking for affordable housing and I think a half acre is fine for housing. The
only thing that I do add, I would like to add just as a comment, ...define what affordable housing
is with due respect the chicken coops in downtown Glens Falls, I am just concerned that they
do not strip, I have not seen the spec's of what is going to be built, but I would just love these
people, as long as you are going to give them something, I want to make sure it is quality.
I would hate affordable housing to look like, it looks like affordable housing. I would make
sure, ...nice homes and they were quality built homes and they do not have aluminum sliders,
they get anodized and fall off after four years so it looks like affordable initially and gets
them into a house and eight years down the road you have to revamp the whole thing and
it just goes to pieces. The difference between a quality home and maybe it is not that much
we are not talking putting solid oak or solid cherry we are just talking about a well constructed
good foundation and good quality house, that is all I am saying. They can walk into that house
and say, it maybe small but it is a good quality home. That is really all I have to say.
SUPERVISOR BORGOS-Thank you. I think for everyone's comfort so that you know how the
term affordable housing is being used by our Board at least and probably most people in this
room, we are talking about affordable housing, not low income housing although you can still
have good quality low income housing if you want to do it right, but a lot of people confuse
the two things and say that anything that is affordable must be low income and it must look
like the thing I really hate the most, that I have ever seen, that is not true anymore. We
are always talking about affordable good quality.
COUNCILMAN MONAHAN-Steve, I think maybe should wonder do they consider Cottage
Hill offensive because, Cottage Hill was started as affordable housing for the returning GI's?
COUNCILMAN KUROSAKA-$6,600.00 a piece. ...4% mortgage, I had a 4 1/2 % for thirty
years...
SUPERVISOR BORGOS-As we discuss these topics we go back and learn a little history.
COUNCILMAN POTENZA-That is before my time.
COUNCILMAN KUROSAKA-I am a little older than you are dear.
SUPERVISOR BORGOS-Anyone else that who wishes to speak for the first time? If not, is
there anyone who wishes to speak for the second time?
MR. EDDY-..I have talked about the philosophical ideas here and there is no one going to
question the philosophical ideas but we haven't come back to the real practical problems
that the Advisory Committee had when it came up with one acre minimum lot size because
of of ...ground water it has not been answered.
53�
SUPERVISOR BORGOS-I can answer a little bit of that, again, I am not an engineer, but,
I have been reading the studies related to fast perk soils and recommended percolation rates
and including 4the recommendations related to fill systems. On the basis of what I know of
this particular property and it is relatively limited. 1 know the area around it certainly we
are somewhere in the range of at least moderate development potential perhaps even good
potential, if it were below that level there are fill systems available relatively inexpensive
fill systems provided there is no bedrock. So, I feel comfortable personally that this particular
area is suitable and since it would be on Town water you do not have to worry about ground
water pollution as far as drinking water is concerned.
COUNCILMAN POTENZA-I think, Bob too, I think it has been the philosophy of the Advisory
Committee and the Planning Board and this Town Board that we do favor clustering, I think
that an adaptable way of limiting or at least cutting down some of the expense, so I think
with clustering there is going to be less, there is going to be more density and it all depends,
I will agree with you on the geographic location of the proposed project. —
MR. EDDY-As far as clustering is concerned this is going to be forty houses on twenty two
acres and...
COUNCILMAN POTENZA-But there is not going to be one house per Ralf acre all the way
area these twenty two and a half acres.
MR. EDDY-That is what Mr. Adams seemed to indicate.
SUPERVISOR BORGOS-No, I do not know if you have seen the proposed plan maybe if you
would circulate it, most of us have seen it and all the homes are really tightly clustered around
a central street with at least one maybe two culdesacs, not culdesacs, but circles, quite an
interesting design you might want to hold that up (drawing of project shown)...
MR. ADAMS-I think that the Town Board is familiar ... utilized by the architect and engineer
this being Corinth Road here, the boulevard entrance off Corinth Road with a turn, then with
the road and water system going down through the property. The theory here is very simple
and is employed by almost every affordable housing project that I know of, done in the United
States and that is to cluster the housing around the road and around the water system. The
cost, that is called intrastructure, those water systems aren't simple. Intrastructure costs
are extremely...if instead of doing this kind of design if we had four roads going back and
forth and eight roads going this way you would add about four to five thousand dollars per
house to the cost of the house, so one way to get around that is to cluster the houses around
the intrastructure and then put all the remaining vegetation the trees and everything else
around the borders in permanent green space and buffer zones screening this particular housing
and the housing of neighbors adjoining. Frankly that has been one of the things that developers
in this area have appreciated most, that is to be able to keep as many of the trees as possible
by putting the houses on as little of the land as you can get by with around the roads and
Water system. This is the clustering provision that we are trying to test here in Queensbury
that Mrs. Potenza has been talking about, because it does save dollars, there is no particular
need to increase the cost of a house by $5,000....
MR. RAHILL-Would you stay there if I ask a question?
SUPERVISOR BORGOS-Come to the microphone please and introduce yourself again so the
typist will know who is talking.
MR. RAHILL-My name is Bernard Rahill, I am in Ward II the reason I have a question is because
I think it is very interesting pattern you have there, how much space is there between the
houses as they go along the line and the end of the buffer upon either side. You buffer space
I see goes, this way and that way is that correct?
MR. ADAMS-That is correct.
MR. RAHILL-If the buffer goes in both directions how much space is there?
MR. ADAMS-In the buffer?
MR. RAHILL-Yes, between the houses and the buffer.
MR. ADAMS-Those of you with a good eye for distance, one inch equals sixty feet so presumably
up on the top side of this chart we got not quite two inches so probably one hundred feet
of trees and buffer on the top side my guess is on the bottom side you got three inches which
would probably be one hundred and eighty feet or so, of trees and buffer zone.
MR. RAHILL-Would there be any possibility of putting a little playground?
So the parents could see their children out the window while they play?
MR. ADAMS'We have given access through the ...so that the homeowners association wishes
to place picnic tables or barbecue pits or small playground...
MR. RAHILL-So, in essence they really do not have back yards they have an open area.
MR. ADAMS-They have some back yards but predominantly it is common space, that the
children could use, children are not locked into ..lots.
MR. RAHILL-Thank you.
SUPERVISOR BORGOS-Thank you. Anyone else?
COUNCILMAN MONAHAN-I just want to comment, one other thing about clustering that
we should also think of it also cuts down on the amount of area that the school bus has to
cover and cuts down the school expenses for gas and so on and so forth.
SUPERVISOR BORGOS-No question about that.
COUNCILMAN MONAHAN-1 mean there are a lot of advantages to clustering houses.
COUNCILMAN KUROSAKA-We do not have that particular, we do not allow the fact that
... in our ordinances now do we? That is something you have to go for a variance...
SUPERVISOR BORGOS-We have a clustering provision being, the variance as I understand
it would be for side setbacks.
COUNCILMAN MONTESI-We do have a clustering provision.
COUNCILMAN MONAHAN-But, we do have a clustering provision...
COUNCILMAN KUROSAKA-It has riot been taken care of exactly by our ordinance...
SUPERVISOR BORGOS-Right, it would have to go to our ZBA, is there anyone else who wishes
to speak for a second time? Mr. Tucker, please state your name again.
MR.PLINEY TUCKER-Pliney Tucker, Ward 4 I can see that I am in the minority. My understanding,
thirty of these houses are going to benefit from the $750,000 ?
MR. ADAMS-That is the most that they could benefit from, there is expected to be a sliding
scale such that there may be assistance of more than thirty houses, but certainly thirty houses...
.MR. PLINEY TUCKER-My question for you is what is the price of the additional ten houses
without the benefit of federal money?
1VIR. ADAMS-The additional ten houses are built by the same contractors the same plans the
same materials and exactly the same design of housing, they can still be purchased by middle
income families in slightly upper range that is defined by the State to be middle income.
To be sold either without subsidies or to be sold with only very modest subsidies to be ..on
a sliding scale...
MR. PLINEY TUCKER-...I am building a two thousand eight square foot colonial over in Hidden
Hills on a third of an acre that I gave $26,000 for and I am building it for $68.00 a square
foot and I am going to make money and these houses are going to sell for $80.00 a square
foot. Thank you.
SUPERVISOR BORGOS-Give your phone number please?
MR. PLINEY TUCKER-It is not in the book but I will give it to you.
SUPERVISOR BORGOS-$80.00 per square foot for 2000 so you are looking at $160,000...
MR. PLINEY TUCKER-1 am doing it for $68.00 and they are building their's for $80.00.
SUPERVISOR BORGOS-Any other individuals that wish to speak who have not yet spoken
about this particular subject. Anyone that has already spoken that wants another shot? Any
Town Board Member wish to make a statement, Mr. Montesi?
COUNCILMAN MONTESI-What we are here for is rezoning and I guess the Town Board is
the last or the only people that can do rezoning. That is probably a good thing because we
are the only people that are elected. The Planning Board is appointed the Planning Dept.
is hired so we have to stand up to be counted and I guess our vote is in your trust, if you like
what we are doing, fine, if you don't you do not elect us again. So, that an important consideration
s 3a.
where we are coming from. Two years ago and four years ago when I ran for this job there
were a lot of advocates out there saying, unless you do something about the quality you are
ruining the quality of life handle on control ()f tt�ait tv V,Ili t(,) see going
he quality nof life lmaintained
sure that we have a good
we want to see open spaces maintained the�atun s. Nobody backtlittPr master� hoald havetaffordable
to that end we have done some of g ,
housing and I am not saying I am opposed to affordable housing, 1 am st,j,wi
saying was they saw some things that they di not like a and we riedI o change th change to ,►
said tonight that we ought to send a message an
disagree with you. I am not ready to be a leader in my community yet because the minute
I become a leader on this one 22 acre parcel I send a great message to a lot of developers
in Town, come on in and let me rezone for you. I can have some real problems on my hand
in my community by sending that message out. I am really not ready as a planner, I am really
opposed and offended by you talking to me tonight about this because you are a planner.
What I am trying to do in my community is say, I want to have a public hearing, I want to
set five or six zones up in n,y Town that are ready for affordable housing and I can tell you
something when I pick an area that 1 say this 200 area parcel in this area I want to be able
to rezone for affordable housing if a developer wants it, I am going to have a lot of people
say not in my back yard. I have not had anybody from Corinth Road and I have not had anybody
from Bedford Close say not in my back yards tonight so I am comfortable with the fact that
non of the neighbors are opposed to this, I am the only guy that is opposed to the concept
here because I am afraid that I might be opening the door that I really do not want to open.
What difference would it make if Pliney Tucker came in next week and said I just bought
thirty acres up in the Route 149 area and I would like you to consider me not for spot zoning
but make me affordable housing. That is the danger here, it is not that I am opposed to affordable
housing it is not that 1 am opposed to Mr. Adams concept, 1 think that everything that has
been presented in terms of clustering and everything else is great, I. just do not think that
the Town of Queensbury is ready to take on the burden of some of the things that can come
down the line legally and open a door for affordable housing that I really do not want to open
yet. Now, I have heard the cries from people that said that I am only allowing wealthy people
in Town, that is not true, the very first thing that I did when I sat on this Board and that is
five years ago, was to develop affordable housing zones for mobile homes. This Town did
not have a mobile home ordinance, we do have one now and you can site mobile homes in
our community, that was done, it took us five to six months but we got tI►at joh done. I do
not think you should assume that whoever votes yes or no on this issue i5
Adams or fcW or against poor people or rich people or moderate income people, 1
major concern and my vote would be is that I not really sure that 1 want to open the door
whether its for Charlie Adams or for anybody else at this point, because I do not think I am
ready. But, 1 art, only one vote on the Board and that's how I feel at this point. ,
SUPERVISOR BORGOS-I see a hand in the audience, could you come up and identify yourself
please, you still have this as an open public hearing.
MRS. BEVERLY AKINS-Mrs. Beverly Akins, I live on the south side of Corinth Road, are
you ready now, I got three acres to rezone for in e?
SUPERVISOR BORGOS-Anyone else, any other Town Board member who wishes to speak?
COUNCILMAN POTEN'LA-I have a couple of questions. I have a problem with the name Inspiration,
Park, that is just my comment. I just have a real problem with that name. The second thing
is I have a rebuttal to you Mr. Adams I am a real estate broker in the area and have been
for many years, I disagree with your comment about your FHA, VA and SONYMA Mortgages,
the largest percentage of homes that are on the market now between sixty five and eighty
thousand dollars I think needs little or no adjustments to qualify for those mortgages. However,
the points and the closing costs that are align with these mortgages are the cause of why
those homes are not going the FHA, VA Mortgage rate. Not the homes, I do not know what
the breakdown is because I just took it from someone in the audience, I do not know how many
of them are in the Town of Queensbury but we have our share of homes in the sixty and seventy
thousand dollar range out of that one hundred homes. My comment to my fellow Board Members
and to audience is that I had a real difficult decision with this rezoning issue and in conversation
with family and friends the comment was made, well, go to your constituents and see what
your constituents think, because I am here and I am representing several thousand in the third
Ward on the west side of Town so I did go to my constituents on Saturday and I took a good
percentage of Saturday calling many of my neighbors and friends and I got a resounding please
vote yes. Vote for the rezoning, if it is not for me it is for my children or my grandchildren
or I need a home, I need a home I can afford to live in Queensbury I love the Queensbury School
and if this is what you have got to do as elected officials representing me then please do
it.
SUPERVISOR BORGOS-Mrs. Monahan?... Please identify yourself?
MRS. CAROL PULVER-Carol Pulver, Director of Homefront, that Inspiration Park is our
working name, ok, we do have plans to change it but we have to call it something for New
York State.
SUPERVISOR ,BORGOS-Good, because it does sound like a cemetery...
COUNCILMAN MONAHAN-As most of you know I have been one of the people who have
led the fight in Queensbury for affordable housing. I do think though that before I can be
comfortable with rezoning I am going to ask our attorneys to fit some mechanism in here
that will really protect this land and make sure that is what it is going for. I do not want
to rezone a prime piece of property for affordable housing with no protection and then maybe
find that I have done a disservice to those people who need affordable housing because I have
not given them that protection. So, I am asking our attorneys to put all their efforts and
I know we have a lot of things that are supposed to be on the front burner but can we move
them to the back burner and put our time to getting what we need, protect these zones that
we are going to do for affordable housing, because frankly this is not the only zone that is
coming in front of us, we know we have another one very shortly for another group of people
that need affordable housing and I think this is one of the priorities this town must have that
we have our safe guards in place.
SUPERVISOR BORGOS-Thank you. Mr. Kurosaka.
COUNCILMAN KUROSAKA-I am one of the two members on the Board I guess that usually
run both as Republican and Conservative. As a conservative, subsidized housing or a grant
of 25,000 is very offensive to me as a conservative it may not be to other people but it is
to me. Maybe it is the only way some people can afford a house but, my understanding, affordable
housing can be built without subsidy and I would like to separate the subsidized housing and
the affordable housing in my mind I cannot. One thing that bothers me here is I served 12
years on the Zoning Board ...up until 1980 and it sound very much like spot zoning and I am
only relying on my own expertise as a former member on the zoning board. I, like Mrs. Monahan
and Mr. Montesi, we did an overlay zone for mobile housing, mobile homes and all the controls
and procedures and policies in place before we did it. Now, we have this project and another
one coming, and we know we will have more. Believe me, Planning Dept. has already started
work on an overlay zone for this and I really do not like to be hurrying so much. It scares
the day lights out of me, you have legislature just passing laws I am afraid they are going,
a nightmare is coming up and when Congress pulls out of session they pass these real crazy
laws just to get it on the floor to, so they can go on vacation or something? They end up
with a nightmare. I am not against affordable housing, I had the advantage of VA and FHA
mortgages which is in a way a way to affordable housing. I had a low cost 4 1/2 % VA mortgage
in the first house that I bought the second house I bought I got 5 and three quarters plus half
FHA twenty five year mortgage,the first one was thirty years with no down payment. I know
where affordable housing comes from and it was back in the days when you could buy a house
and the lot and everything about 12,000 you had a mortgage payment of $105.00 ...it was
about all we could afford. I know where you are coming from for affordable housing, I am
not against it, I just do not like to be rushed into something with out all the safeguards in
place.
SUPERVISOR BORGOS-Thank you. The public hearing is still open. ..would you identify
yourself please.
MR. TIM BREWER-Tim Brewer, Canterbury Drive, Queensbury, what I do riot understand
is the concept of affordable housing, I agree with the concept of 40 house on 22 acres at half
acre lots the way I understand it, if I am wrong I would like to be corrected please, if the
houses are going to be on a half acre piece of land, that is fine and dandy. But, the way they
look to me, they are clustered, I guess that is the word that they use, but they are not really
on a half acre of land, if we are going to have zoning which says half an acre of land, then
it ought to be half an acre of land not a third of an acre. Because if you don't what is going
to happen, I got a couple of acres I am going to ask, I am not saying this to be harsh or anything,
but if I was to asked to do something on my two acres of land and you said it had to be three
acres, well, why can't I do it on two and you can do it on a third, I am pointing you out because
you are presenting this proposition and I just want to see if I could get that verified ...
SUPERVISOR BORGOS-1 will ask our Attorney...(tap e turned)
COUNCILMAN MONAHAN-... there is a lot more green area then you would if all these houses
were on ...like a checker board.
MR. BREWER-I like the idea of living in the Town of Queensbury because it has got a lot
of green areas but when I drive down the street I do not want to think that I am in the City
either.
COUNCILMAN MONAHAN-Well, I do not think that you will because if you notice some the
places is clustering and I think you will notice this in this project too, what you are going
to see off from Corinth Road really is not going to be that many houses, correct me if I am
wrong Mr. and Mrs. Adams, you are not going to see that many houses available because of
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the way they are going to be placed off from Corinth Road with a Boulevard going into the
development end the houses exiting onto the Boulevard. So, your impression what they are
trying to achieve, again correct me if I am wrong, is that you are seeing a lot of green space
with the houses kind of hidden in amongst the trees there in one small area, I have seen pictures
of areas theoretically developed one way or the other and I think you are going to like the
cluster development a lot better.
MR. BREWER-Personally I do not, but that is my opinion.
COUNCILMAN MONAHAN-But, have you ever seen the other done well?
SUPERVISOR BORGOS-Would you come forward, Rita?
MS. RITA RATH-1 am Rita Rath, I live at 514 Glen Street, I am Director of the Voluntary
Action Center, and have been housing out of it for the past three years. I am getting a little
nervous right now, listening to everything all of these comments that have been made and
the first thing that I would like to say is Mr. Montesi, I know it may not have been done yet
but I do not see why a variance cannot be given with the assurance that this project is a go
and if this project is not a go that land then reverts back to what it always was, hopefully
legally maybe this could be a creative thing that could be done. I do not know:
ATTORNEY DUSEK-That is one of the issues that I will be studying as a result of this meeting.
MS. RITA RATH-1 was going to write you a letter and I wish I had because maybe in the two
weeks you might have been able to research a little sooner, but I mean I am getting so nervous
I just cannot believe.
SUPERVISOR BORGOS-The Attorney has been working on this for quite some time it is not
an easy question.
MS. RITA RATH-Ok, I know, so maybe we can be creative here as...
COUNCILMAN MONAHAN-We can be creative, but we also got to be legal something that
will stand up...
MS. RITA RATH-Right, creative and legal I do not ask you not to be legal.
COUNCILMAN MONAHAN-...asking to be legal.
MS. RITA RATH-The other point I want to make is affordable housing, alright we have a
scale of zero to ten of people that would fit into the category of middle income or need for
affordable housing this particular project is defiantly going to be on a first third of that continuum
we do have as has been stated 65 to 80 thousand homes that are available for people in the
affordable housing group. But, someone on 25 thousand dollar a year will not be able to afford
that 65 to 80 thousand dollar home. So, I think that is a point that needs to be prominent
in your minds when you make this decision. To somewhat come to your point, this project
will help that lower end of a continuum in the affordable housing need. Thank you very much.
COUNCILMAN KUROSAKA-I am not against the project, I think it is a little early to do
it, is the only problem.
MS. RITA RATH-It cannot be early to do it.
COUNCILMAN KUROSAKA-We do not have any...
COUNCILMAN MONAHAN-I think what we are saying is that, the legal mechanism must
be in place first and by law that is what we are asking the Attorneys to research is who we
can have a legal mechanism to have control...
SUPERVISOR BORGOS-In a few minutes I will try to get an consensus of the Board.
MS. RITA RATH-In the other project that will be coming along you are saying you have other
you know developers who might be asking for the same thing. Now, the other two thirds of
that continuum or the middle income this is a special case in my opinion.
COUNCILMAN MONAHAN-I do not think anyone is questioning that...
MS. RITA RATH-Pardon, me?
COUNCILMAN MONAHAN-1 do not think anybody is questioning that, what we are questioning
is the legal mechanism.
COUNCILMAN KUROSAh A-1 am not, it is a ver;? well thought out project, very well laid
out...
s 3s
SUPERVISOR BORGOS-I see a hand that has not beeen recognized before, we will take those
who haven't sboken first and please identify yourself.
MR. RICHARD ROZELL-My name is Richard Rozell, I own property approximately 100 feet
from this parcel, an apartment complex that I have. I started this project I got involved,
in the rezoning of the Town, I learned a lot about the master plan at the time. I had started
the project with one set of zoning rules in effect and for the good of the master plan I saw
my piece of property cut in half and the density in effect allowed to built half as much as
what I had originally. When you are talking about intra-structure here originally it cost the
road now still committed to building as much road as we are talking about so my concern
that the sacred master plan is ineffective now, how does that effect people after the fact?
Does that mean, to say, I am only 100 feet away, now do I have the right to go back for half
acre rather than one acre zoning. The second point I had is years ago when I built one of
my first houses, I was in the neighborhood I had a mortgage program I think it was through
the Farm Bureau, and I saw many of these houses originally put together you know with the
same intent and I lived in the neighborhood for ten years it just did not seem to get finished
and if I see something like this, it could be a great program, 1 want to be sure that no one
is going to be subjected to the type of program that I saw for ten years...everything was not
100% complete, when the people moved in ... allowance for driveways, allowances for landscaping..it
just seems that those things never got done and also got worse.
SUPERVISOR BORGOS-Mrs. Pulver...
MRS. PULVER-First of all, I just want to say again this is not spot zoning....
SUPERVISOR BORGOS-Let the record show we had a short technical delay.
MRS. PULVER-Alright, thanks for everything, again this is not spot zoning, I feel that the
Attorneys have cleared up that. Secondly, I am getting a little worried here too, no one has
really opposed this project with saying we are going to create traffic jams, we are going to
over populate our schools, we are going to flood the streets or anything yet. The other comment
is affordable, if Mr. Tucker would like to build affordable housing I would like to see you
tomorrow morning at 9:00 o'clock in my office I will tell you exactly how to do it.
MR. TUCKER-1 think I know how to do it.
MRS. PULVER-It is no secret and as far as the money, the $750,000 from the State if we
do not take it somebody else is going to get it. So, I would like to have that money here in
our community. The other thing with the word affordable what were are doing is affordable
to the medium income. There is a lot of housing out there which is considered affordable
$100, 125 thousand dollars that says affordable housing, that is not affordable to medium
income and the State says to do affordable housing you must target an income group which
must be medium income and under. The other thing with the project is I wish the Attorneys
had something right now, they don't timing is very important, the State will not wait, that
$750,000 dollars is there we have applied for it, we want it, we fit all the criteria that the
State says we need to have, they are not going to wait for the months that will take for the
Attorneys to research whether or not we can get something into the ordinance. This is our
last chance, as far as the project being started and not getting completed and so forth Mr.
Adams takes the complete burden of building these homes, he gets no money from the State
until the home is up and the applicant is there. I am sure, he is not, so he is not going to
start twenty or thirty homes and then run off because he is not going to get any money, so
he has to do it all on his own, until that happens. The other thing, I believe that the Town
of Queensbury has a phasing which we can require him to do so many, phase I, phase II, phase
111, that is a Planning Board issue though that is not an issue that we need to discuss tonight.
Again, I do not believe we are just going to start this project and run off. It really comes
down to, that the Town Board you know, has to have some faith maybe in the people that
are doing the project. I would be glad to supply you of the names of the people on the Homefront
Board who believe me oversee me, I will get twelve phone calls tomorrow morning, about
this. For an affordable housing project, if you are serious about doing this, this is your chance
this is your only chance this year. All applications for New York State Affordable housing
have been in, they are being reviewed at this moment. Ours is one of them it is the only
one for the Town of Queensbury and the City of Glens Falls that I know in this area. If you
do not approve this rezoning its gone.
SUPERVISOR BURGOS-Martin Faircloth, please, Mr. Rayhill next.
COUNCILMAN MONAHAN-Could we ask Mr. Adams, to respond to something first, perhaps,
I think he probably wants to and that is the comment that someone made about each one
of these units perhaps not being complete, turned over to the homeowner, I am not talking
about the expansion space that you are allowing and the neighborhood looking like that for
ten years, I thought you might want to respond to that.
MR. ADAMS-1 surely would, ..if such a possibility were even contemplated, these homes really,
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no funds come in from the State of New York until the homes are complete and a Certificate
of Occupancy has been handed down the mortgage is written the signatures are ready to go
on the mortgage. So, there is every incentive to finish the home, furthermore at least in
our past experience with this type of housing virtually all of these homes are pre-sold, in
otherwords the homes actually do not get built until they are gold, so there is not only is there
no incentive to not complete homes it just does not even fit into the program.
COUNCILMAN MONAHAN-Mr. Adams, is landscaping a part of your job, one of the gentlemen
made that comment you know that these were not landscaped ten years later as so on and
so forth, is that part of your...
MR. ADAMS-Yes, there is of course there has to be a specified amount of that put into the
budget. Certainly the criteria of the Planning Board has a list that the Planning Board gives
you, yes, you have to have landscaping plan for it and as Mr. Eddy pointed out from certain
people who are qualified to do such things as that. That is just simply a matter of course
as far as we are concerned. Actually one of the things that we will be asking, it may be
hard thing to ask because it is hard to phrase, but, asking the Zoning Board of Appeals if one
of the reasons we need a little bit of slippage and slidge around on these side set backs, side
and front if we are really trying to preserve as many of the large trees that we can. Very
often you can save one if you can move your house five feet. But in moving it five feet you
may be a foot and a half over a line some place. So, these are all the key issues and it does
fit in with the landscaping plan of course. Clearly we have a commitment to in as much even
right up front, right off Corinth Road we have a Boulevard landscaped Boulevard entry way
off of it. Simply as a personal commitment Mary Adams and Charles Adams have also agreed
to purchase that rather run down two story duplex that sits right in the middle of the Corinth
frontage and will be rehabing that to fit in and be consistent with the project as it is built
also.
SUPERVISOR BORGOS-Mr. Faircloth was next and then Mr. Rayhill.
MR. FAIRCLOTH-Thank you, I had to just ask this question because it touches on a legal
issue from listening to the conversation particularly from members of the Board I am not
totally clear on this situation, maybe we are getting into a catch 22 situation. I understand
that at the beginning of the meeting that Council stated it is probably ok, to conditionally
rezone. But, part of that decision required input from the Board, members of the Board in
turn have said, we cannot ...totally be comfortable with the project without legal opinion.
Am I misunderstanding the situation or is there?
SUPERVISOR BORGOS- NO, I think it is quite clear, I think everything you said is correct,
I think our Attorneys both of them are here, were waiting to hear what comments are made —
by the public and by the Board and where in a minute we will check and see where the consensus
is, where the Board seems to be in terms of consensus what our instruction to the Attorneys
might be and if the consensus is that this should go forward with some type of condition we
will ask the Attorneys to proceed in that direction, fairly quickly I think. If the consensus
is that this group does not want to think about this, that will be the end of it. We would know
that part tonight. I do not believe we will take a vote but we are just going to discuss it in
a few minutes.
MR. FAIRCLOTH-Thank you.
SUPERVISOR BORGOS-You are welcome, Mr. Rahill.
MR. RAHILL-Once again, I am Bernard Rahill, from Ward 2, thank you for giving me more
time. There is one issue that I would just like to bring to your attention, and Ron I am not
practicing oneupman ship in this particular situation. I believe you were absent, during the
period of time when we were working on the master plan we had meetings in various schools,
there was a person with considerable amount of clout in this community who said directly
to you Steve, that we have to go in the direction of lower zoning in some areas in order to
provide a democratic community. .... yes I do, but I am not going to give you the persons
name. He did say it very, very strongly when he did say it, and he said we have to move in
that direction and during the conversation between the two of you, you conceded to his thoughts
and said a few years down the line maybe we will go in that direction, here we are a few
years down the line that was 1986 or 87, here we are. I would just like to answer Mr. Montesi
who again discussion on that point somebody did say it and I remember it very distinctly and
you ...to his wishes... —
SUPERVISOR BORGOS-If you could someday remind me of who the person was...
MR. RAHILL-Right after the meeting.
SUPERVISOR BORGOS-Please be assured that everyone has equal stature in this community,
Jack, everyone is welcome to speak and meet in my office with one exception, I won't name
that name, some people know it.
63 7.
MR. JACK CUSHING-Jack Cushing, I am speaking as a resident and I am speaking to my
second ward leader. I was very disturbed and very disappointed Ron when you said you did
not want to de a leader at this particular point in time that you were not going to show leadership.
I voted for you to be a leader, I expect you to be a leader that is why you got my vote. I
think a leader has to be innovative, creative and show initiative. This is a kind of a project
in which you can show that leadership don't worry about tomorrow too mueh. Take the individual
projects that come up tomorrow and voice your opinions and do your duty based on the merits
of each individual project and I think you will be ok.
COUNCILMAN MONTESI-Jack, the only problem is that this is a precedent setting project.
MR. CUSHING-We all make precedent setting projects to make decisions.
COUNCILMAN MONTESI-I have to worry about tomorrow because you will be here to worry
about that.
MR. CUSHING-Don't tell me you are not a leader though. I am giving you, your opportunity
to deny that, you want ...
SUPERVISOR BORGOS-Anyone else who wishes to speak. I will close this public hearing
8:59 P.M. Let me make a couple of quick comments and then we will see what the Board
thinks. The subject for the evening has been really a combination of rezoning and affordable
housing, it is an issue of public policy it is also an issue of fairness as we have already heard,
you do it for me and somebody else and back and forth from where you start. You heard
already that the Town Board for some period of time has been working with our Attorneys
to look at the concept of overlay zones to say that we could have a floating zone in affordable
housing, a floating zone. It could go in any Ward, it could go perhaps any particular zone,
subject to public hearings and approvals. As we also heard, the biggest concern of affordable
housing is the cost of land, that is the biggest uncontrollable cost, we have heard of the Hidden
Hills housing $26,000 for half an acre that is a pretty substantial amount
MR. TUCKER-One third of an acre.
SUPERVISOR BORGOS-One third of an acre, I paid $2,000 per acre for where I am now and
many years ago I bought my forty four acres with a cabin and electricity for $3,000. so things
have changed dramatically over a period of a few years. We have heard a number of other
things mentioned also. ...There have been some other stero types tossed out and they are
probably correct to some extent we have determined, that I was very active in the fire department
for over thirty years most of the vast majority of fire fighters come from the lower to lower
middle income ranges and as people generally get above that they do not have time or the
interest that is true. Many of them are educators and for twenty one and a half years I was
very actively involved there, only the last year and a half or two years have I climbed out
of the lower, lower end of that range and it just little bit higher, and being little league coach
I work mostly with the same income background somewhere under twenty, twenty five thousand
for most of the years. So, those things are correct there is a need for our community to house
people that work here, who provide the services we all need otherwise we will not have those
services those people will go to other communities and they will work there and then we will
find that we have no one to take care of the needs of many of the people. I believe in affordable
housing, I believe we should lead and innovate, I also am concerned about what Mr. Montesi
and Mrs. Monahan, Mr. Kurosaka and what Mrs. Potenza had mentioned we are all concerned
about what the impact might be in the future. I do believe we have to have in place some
kind of protection. I heard a very creative solution proposed by Mrs. Potenza this evening,
that is a deed restriction, that is probably the simplest of all solutions because when you
put it in a deed it is like law. Deeds are a very valuable instruments and perhaps our Attorneys
can work on the the deed concept which would be faster and perhaps a temporary measure
at least to get through a project, I personally like this project but not the name, for the public
record. I would ask the Board at this point for their consensus. Do you think that there is
enough merit here for our Attorneys to work to try to find a relatively quick solution to get
this project underway and then go toward some chapges in the zoning ordinance or do you
think that we should just drop this. Just tell me if you think there is enough to at least let
them look for a week perhaps and come back with some proposals.
COUNCILMAN MONTESI-Let me just ask a counter question, Mrs. Pulver said that expediency
is important here she and Mr. Adams need to know, if, how much time do we have legally
from the end of the Public Hearing before you have to act on this, I am not looking for an
escape I am not looking to postpone something, legally is the clock running is there a time
that we have to act?
TOWN ATTORNEY DUSEK-No, you have a substantial amount of time following a public
hearing, I would say that you want to act obviously within reasonable time period but a month,
two months is not, not that it is going to take that long by the way, but from my end of it,
but just to answer your question I do not feel that you are really under any serious time pressures
as far as legally reacting following the public hearing unless of course Homefront has particular
needs.
Sag
COUNCILMAN MONTESI-There are a lot of people here tonight that want a yes or no answer
and I am not sure and I know what you are asking Steve, is do you want someone to put forth
a motion and say, deny it and vote on it or do you want someone to say lets wait and get some
input from the Attorneys is there enough merit that we think that with conditions we would
vote on this project for rezoning.
SUPERVISOR BORGOS-I would be happy...
COUNCILMAN MONTESI-In the meantime we have to understand that the Zoning Board of
Appeals has to react to an agenda item to and that is they would be potentially next month
if we did nothing they would be voting on a project with side line set backs that have not
been rezoned. So, there is a lot of clock works that are running here even though there aren't
any.
SUPERVISOR BORGOS-I think I have been doing my mathematics as I listen this evening
and I do not come up with three in favor of an immediate zoning and I think that perhaps
with good reason, a little bit of protection at least. I think we do not need to have motion
of any sort at this point.
COUNCILMAN MONAHAN-I think you ask for direction and I think I gave you my feeling
when I asked Paul to proceed as quickly as possible to protect any land that we rezone for
affordable housing so that it can be used for nothing but affordable housing and to do it as
quickly as possible.
SUPERVISOR BORGOS-Let me ask you this, if he is able to find a way with a deed restriction
for this particular situation which would get this ball rolling while we did something of a
more permanent nature with the required deed restriction each time is that the direction
you would be comfortable with, you could accomplish the same goal.
COUNCILMAN MONAHAN-I would be comfortable with it if as what Paul said the Town
could become a party to it so that, that deed restriction would not be a matter of civil suit
that the Town could not participate in but would be the type of a suit that the Town could
bring and could participate in.
SUPERVISOR BORGOS-Thank you, I got your message. Ron, that is the direction you want,
you are looking for that protection.
COUNCILMAN KUROSAKA-So am I.
SUPERVISOR BORGOS-George agree..
COUNCILMAN MONTESI-...you are also trying to buy some time, so that we can have in
.place something that says we have affordable housing zones in town. That is not going to
happen for this project obviously and there ought to be some way that, gee Steve tomorrow,
if the next guy comes in with a rezoning I do not know how you can treat him any differently
then you treat Mr. Adams.
SUPERVISOR BORGOS-The form would come into the Board, the Board would then determine
the merits, send it to the Planning Dept. it goes to the Planning Board...
COUNCILMAN MONTESI-So, we are going to be picking away at Rezoning and that is not
what we want to do.
COUNCILMAN MONAHAN-1 hope, even if we have to find a quick way to do this one that
our legal department would still keep on the research of an overlay zone so we can get some
criteria in place in this Town ...some type of zoning so that...
TOWN ATTORNEY DUSEK-Just to update the Board so the Board knows, when this issue
first came up we did start researching this right a way and especially over the past couple
of weeks we have been intensively researching it unfortunately other things do come up that
superseded from time to time. I have asked Karla to almost exclusively get this thing ready
and she will be doing so over the next few days. What we have developed in our research
so far is basically what the Board has already alluding to and that is that there is basically
two ways to go with this, there is one which would be development of a permanent set of ---
regulations made a part of your ordinance with rules and regulations and perhaps overlay
zones or floating zones developed in some fashion, the other way is to do it on a piece meal,
case by case basis. Prior to coming here tonight I was not sure which way the Board wanted
to go with this so we were not able to finish off in either direction. I think the sense that
I have gotten from the Board now is that my instruction are to develop the answers to the
questions posed to get this done for this particular project immediately and then secondarly
as a next step look to see what we can develop in terms of a permanent solution to this issue
to the zoning ordinance will reflect a given criteria that will be applicable in all cases uniformly
and that perhaps it will be usable in many different areas of the Town.
5.�9.
COUNCILMAN MONTESI-What I am looking for your to do Paul, is when a developer like
Mr. Adams comes into Town he looks at a zoning map and he sees that there are three or
four or five areas large areas that are suitable for rezoning for affordable housing. He then
purchases the property within those zones and the criteria is already done, the public hearings
have already been held.
SUPERVISOR BORGOS-1 think that is the direction we are going in. With that said I will
call a five minute recess..
COUNCILMAN MONTESI-What are we going to do?
SUPERVISOR BORGOS-1 think that the consensus is...I have asked that the Attorneys do
this as quickly as possible, perhaps within the week, is that a reasonable time to look at the
deed side of it?
ATTORNEY DUSEK-We will give it our, or Karla will give it her exclusive attention for the
rest of this week. We made considerable progress today, we had a conversation with a Town
Attorney down in Long Island, the Town has 15 Attorneys and this one does nothing but zoning.
I think that the progress that we made today including that conversation tells me that we
may be able to come back with some proposals very quickly within a matter of days. Research
is a funny kind of thing, so far what we have found is that the Court of Appeals which is the
highest Court in the State has looked very favorably upon conditional zoning in the State
and that is a good positive sign for what you want to do here, however we have also found
a series of cases that says though that said beware of contractual zoning which is very similar
in appearance anyway which the Courts will outlaw or overrule. What we want to make sure
is that we do not cross shoulder the threshold here and end up with something the Courts
won't allow. We want to make sure we stay within the realm of conditional zoning for this
particular application. Unfortunately, as I indicated very early on this evening, conditional
zoning quite frequently has to deal with very easy type issues, set backs, green space, brush,
trees, whatever they wanted to leave in place and cause an exception, affordable housing
is a little bit more of a new area where we are going to have to wrestle with the issue of
how do we make something conditional in terms of affordable housing that accomplishes what
the board is looking for the security factor is that the parcel only gets used for that and doesn't
simply get rezoned and then opened up for almost anything to happen to it. So, that is the
issue that we will be taking a hard look at now, and hopefully we will come back with some
proposal to you.
MRS. PULVER-That was a wonderful speech, my question is do I understand that the Board
is in favor of this project providing that we come up with a conditional zoning agreement?
I would like to know that when I call by Board...
.SUPERVISOR BORGOS-Without going to a vote, which would be inappropriate at the moment,
I think it would be fair to walk away from here that the consent with the opinion that the
consensus of Board is in favor of this particular project provided that the right types of conditions
can be attached legally so this can move forward and I think the consensus is further that
this should be done as quickly as possible, which maybe a few days to a week. Although we
have no scheduled meeting I certainly am more than willing to call a special meeting if we
get the things in the right shape and everyone is please we will do that.
(5 minute break)
PUBLIC HEARINGS
PROPOSED AMENDMENT TO THE ZONING ORDINANCE 100 ACRE ITEM RECOMMENDED
BY THE ADIRONDACK PARK AGENCY
NOTICE SHOWN 9:21 P.M.
SUPERVISOR BORGOS-Opened the hearing asked for public input...none heard...
Approximately two months ago now, we conducted a public hearing that said that we wished
to amend the zoning ordinance in such a way that the Town of Queensbury for public purposes
wish to purchase a parcel of property that parcel did not exceed 100 acres and the rest of
-- the subdivision was not something that was covered by our regulations we could go ahead
and purchase our land and the subdivision would be complete without having to go through
the Planning Board or go through the public hearing route, after our public hearing that was
adopted we thought it would become law,however, we heard just a couple of weeks ago but
within the time limit the Adirondack Park Agency really was not happy with the exact language
and since we cooperate with them on our particular set of rules and regulations we have proposed
their language, which they have sent back to us, which in the words of our Attorney protects
the Adirondack Park Agency in case they want to do something, that is the subject of this
meeting. The Town would still have the ability to do what it wanted to do before but it would
also amend the regulations so that the APA could have the final say in something that would
5y�
impact on them. Asked for further comments, hearing none, the Public Hearing is closed.
9:25 P.M.
PUBLIC HEARING
REPEAL OF ORDINANCE 17
NOTICE SHOWN
9:25 P.M.
SUPERVISOR BORGOS-Opened the Hearing...asked for public input...again for your information
that has to do with part of the no parking regulation on Aviation Road, there had been an
ordinance number 17 on the books which dealt with a portion of the section we have currently
indicated no parking between Cottage Hill Road and the Northway, only on one side of the
road the south side of the road and that was repealed recently I thought by another ordinance
but this is required to clean this from the books...asked for further comments, hearing none
the public hearing was closed 9:26 P.M.
RESOLUTION ENACTING AN ORDINANCE TO REPEAL ORDINANCE NO. 17
RESOLUTION NO. 4229 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. George Kurosaka:
WHEREAS, The Town Board of the Town of Queensbury, at a Town Boar Meeting held on
the 9th day of July, 1990, adopted a resolution recognizing that certain recently enacted local
laws now completely regulate parking on Aviation Road and that Ordinance No. 17 of the
Town of Queensbury is no longer necessary, and
WHEREAS, there is presently before the Town Board of the Town of Queensbury, an Ordinance
repealing Ordinance No. 17 of the Town of Queensbury, and
WHEREAS, on this 23rd day of July, 1990, a public hearing was held concerning the above-referenced
Ordinance to repeal Ordinance No. 17,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
having complied with all provisions of Section 130 of the Town Law of the State of New York,
hereby adopts and enacts and Ordinance repealing Ordinance No. 17 of the Town of Queensbury,
said Ordinance previously regulating parking on Aviation Road, in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed
to publish and post copies of the aforesaid Ordinance repealing Ordinance No. 17 and the
Town Supervisor is hereby authorized and directed to take such other and further steps as
may be necessary to enact Ordinance No. 17 of the Town of Queensbury.
Duly adopted this 23rd. day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
ORDINANCE NCO. 60
AN ORDINANCE REPEALING ORDINANCE NO. 17
OF THE TOWN OF QUEENSBURY
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS:
I
I. PURPOSE: The purpose of this Ordinance is to repeal Ordinance No. 17 of the Town
of Queensbury, regulating parking on Aviation Road due to the fact that a Local Law has
recently been enacted regulating parking on the aforesaid road, which Local Law includes
those areas previously regulated by the aforesaid Ordinance.
2. Ordinance No. 17 which regulates parking on the southerly side of Aviation Road
in the Town of Queensbury, between Cottage Hill Road and the westerly side of the south
bound entrance to the Northway, is hereby repealed.
s'Y!.
3. This Ordinance shall take effect immediately upon publication of a summary of the
same in the official newspaper of the Town of Queensbury.
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO. 423,1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. George Kurosaka:
WHEREAS, certain departments have requested transfers of funds, and
WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office
and the Chief Fiscal Officer,
NOW, THEREFORE BE IT
RESOLVED, that the funds be transferred as listed below:
TOWN PLANNER'S OFFICE
FROM TO AMOUNT
A2258020.199 A2258020.106 $12,256.00
(Typist, PT) (Clerk)
BUILDING & GROUNDS DEPT.
FRO1Vl TO AMOUNT
A1451622.402 A1451622.465 $1,000.00
A1451624.465 A1451622.465 750.00
A1451625.445 A1451622.465 280.00
Duly adopted this 23rd. day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
'RESOLUTION REGARDING INSURANCE DEDUCTIBLE
RESOLUTION NO. 4249 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, W. Joseph McPhillips, Inc., has furnished a copy of the Public Officials Legal
Liability Policy provided by National Casualty Company, and
WHEREAS, it is necessary to sign the New York State Deductible Endorsement, and return
it to the insurance agent,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it is aware
of the deductible provision in the policy and hereby authorizes the Town Supervisor, on behalf
of the Town Board, to execute the documents necessary to acknowledge that the insured
is aware that the deductible provision stated in the policy shall apply in all legal and loss
adjustment expenses.
Duly adopted this 23rd day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW REGULATING PARKING
ON A PORTION OF COUNTY ROUTE 79 ALSO KNOWN AS BOULEVARD ROAD IN THE
TOWN OF QUEENSBURY
RESOLUTION NO. 425, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. George Kurosaka:
WHEREAS, at this meeting there has been presented for adoption by the Town Board of the
Town of Queensbury, a Local Law which would provide of the regulating of parking on a portion
of County Route 79, also known as Boulevard in the Town of Queensbury, and
WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic
Law and the Municipal Home Rule Law of the State of New York, and
WHEREAS, before the Town Board may take action with regard to the proposed Local Law,
it is necessary to conduct a public hearing on said proposed Local Law,
NOW, THEREFORE BE IT —
RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet
and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County,
New York, at 7:30 P.M. on the 6th day of August, 1990, to consider said proposed Local Law
and to hear all persons interested on the subject matter thereof concerning the same and
to take such action thereon as is required or authorized by law, and
BE IT FURTHER
RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed
to publish and post the notice that has also been presented at this meeting concerning the
proposed Local Laws in the manner provided by law.
Duly adopted this 23rd day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
(Discussion held)
Supervisor Borgos-Requested that Mr. Hatin speak to the Board regarding the upcoming resolution
Mr. Hatin, Director of Building and Codes-Noted that the Board was familiar with this situation, —
the property is located on Sunnyside Road, property owned by Howard Toomey...this is the
next step...
Councilman Monahan-Commented on the concrete platform and walkway to dock...if it had
to be taken down...
Town Attorney Dusek-Noted that the resolution only refers to unsafe and dangerous in making
reference back to Mr. Martin's letter so the at the night of hearing after hearing all evidence
could decide what it deems appropriate.
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY HOWARD
TOOMEY IS UNSAFE- TAX MAP NO. 54-3-20
RESOLUTION NO. 426, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, Mr. Bert Martin, Code Enforcement Officer for the Town of Queensbury, has
advised that he has investigated and inspected certain property identified as Sunnyside Pavilion,
Town of Queensbury, and bearing tax map no. 54-3-20 and has made findings as more specifically
set forth in a memorandum dated October 25, 1988, a copy of which is presented to this meeting,
and
WHEREAS, Mr. Bert Martin advises the Town Board of the Town of Queensbury that, in his
opinion, the property and structures situated there on are dangerous and unsafe to the general
public and has asked the Town Board of the Town of Queensbury to provide for the demolition
and removal of said structures and general clean-up of the property or to consider fencing
in the entire area, and
WHEREAS, photographs have also been presented at this meeting, and
WHEREAS, pursuant to Local Law Number 3, 1983 the Town Board may, by resolution, determine
whether, in its opinion, that the structures are unsafe and dangerous and thereafter order
SY3 .
their repair or demolition and removal, and
WHEREAS, said Local Law Number 3, 1983 provides that notice be served upon the owner
or other certain persons interested in said property,
NOW, THEREFORE BE IT
RESOLVED, that upon reviewing all of the evidence presented at this time, the Town Board
of the Town of Queensbury is of the opinion that the property and structures thereon bearing
tax map number 54-3-20 appear to be:
1. presently unsafe and dangerous;
1
2. potentially an object of attraction and danger to minors;
3. unfit for the purposes for which it may be lawfully used, and
BE IT FURTHER
RESOLVED, that a notice be served upon the owner(s) of said property, said notice providing:
1. a description of the premises,
2. a statement of particulars in which said property and structures thereon appear
to be unsafe and dangerous, as set forth in Mr. Martin's Letter,
3. that the structures, burnt trees, and general debris and other property with exception
of concrete dock and padding should be demolished and removed within 60 days of receipt
of this notice, unless good cause is shown by the property owner or other interested persons
whereupon the time shall be extended by the Town Board of the Town of Queensbury,
4. that-demolition and removal of said structures must be commenced in 30 days of
receipt of this notice, unless good cause is shown by the property owner whereupon the item
shall be extended by the Town Board of the Town of Queensbury,
5. that a public hearing before the Town Board of the Town of Queensbury, in relation
to the dangerous or unsafe condition of the building shall be held on August 6th 1990 at 7:30
p.m. in the Supervisor's Conference Room, or not less than 5 days from the date of service
of this said notice, whichever date is later,
6. in the event that there is neglect or refusal to comply with the order of this Board
to demolish and remove the structures and other property located on said property, the Town
Board is authorized to provide for its demolition and removal and to assess all expenses thereof
.against the real property on which it is located, and to institute special proceedings to collect
the cost of demolition, including legal expenses, and
BE IT FURTHER
RESOLVED, that service of the notice provided for herein shall be in accordance with the
provisions of Local Law No. 3 of 1983.
Duly adopted this 23rd day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
Councilman Monahan-Requested that Board members visit the site...
i
RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY HOWARD
GRUNDBORG IS UNSAFE -TAX MAP NO. 147-1-47.2
RESOLUTION NO. 427, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, Mr. Whitney Russell, Code Enforcement Office for the Town of Queensbury, has
advised that he has investigated and inspected certain property identified as the Grundborg
property, Town of Queensbury, and bearing tax map no. 147-1-47.2 and has made findings
as more specifically set forth in a memorandum dated September 27, 1989, and an updated
5Y�
memorandum dated July 16, 1990, copies of which are presented to this meeting, and
WHEREAS, Mr. Whitney Russell advises the Town Board of the Town of Queensbury that,
in his opinion, the property and materials situated thereon are dangerous and unsafe to the
general public and has asked the Town Board of the Town of Queensbury to provide for the
removal of said materials, or burial of the materials to meet New York State Department
of Environmental Conservation regulations, and general clean-up of the property, and
WHEREAS, photographs have also been presented at this meeting, and
WHEREAS, pursuant to Local Law Number 3, 1983 the Town Board may, by resolution, determine
whether, in its opinion, that the property and materials are unsafe and dangerous and thereafter
order its removal or burial, and
WHEREAS, said Local Law Number 3, 1983 provides that notice be served upon the owner
or other certain persons interested in said property,
NOW, THEREFORE BE IT
RESOLVED, that upon reviewing all of the evidence presented at this time, the Town Board
of the Town of Queensbury is of the opinion that the property and materials thereon bearing
tax map number 147-1-47.2 appear to be:
1. presently unsafe and dangerous;
2. potentially an object of attraction and danger to minors; and
3. unfit for the purposes for which it may be lawfully used, and
BE IT FURTHER
RESOLVED, that a notice be served upon the owner(s) of said property, said notice providing:
1. a description of the premises,
2. a statement of particulars in which said property and materials thereon appear to
be unsafe and dangerous, as set froth in Mr. Russell's letters,
3. that the materials be removed or buried on site to meet New York State Department
of environmental Conservation regulations, within 60 days of receipt of this notice, unless _
good cause is shown by the property owner or other interested persons whereupon the time
shall be extended by the Town Board of the Town of Queensbury,
4. that removal or burial of said materials must be commenced in 30 days of receipt
of this notice, unless good cause is shown by the property owner whereupon the time shall
be extended by the Town Board of the Town of Queensbury,
5. that a hearing before the Town Board of the Town of Queensbury, in relation to
the dangerous or unsafe condition of the property shall be held on August 6th, 1990 oat 7:30
P.M., in the Supervisor's Conference Room, or not less than 5 days from the date of service
of this said notice, whichever date is later,
6. in the event that there is neglect or refusal to comply with the order of this Board
to remove or bury the materials on said property, the Town Board is authorized to provide
for its removal or burial and to assess all expenses thereof against the real property on which
it is located, and to institute special proceedings to collect the cost of removal or burial,
including legal expenses, and
BE IT FURTHER
RESOLVED, that service of the notice provided for herein shall be in accordance with the
provisions of Local Law No.3 of 1983.
Duly adopted this 23rd day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
(Discussion held in regard to Flynn property on Mannis Road)
Mr. Dave Hatin-The Attorney asked me to speak to the Board tonight, you set down a resolution
S IV$-
regarding the Flynn property on Mannis Road, I have pictures, the fence was put up the following
day unfortunately it fell down probably right after they left and it has remained that way
sense.
Supervisor Borgos-It was my recommendation and I believe the order of this Board that it
be put up in a sturdy fashion so that it would be difficult to get through.
Town Attorney Dusek-There are two options...one option is to go to court and get a court
order enforcing your individual board order and a second option which is to continue the action
that we have presently maintained over in Town Court. There is an action for violation of
the 30% slopes my recommendation to the Board is that the action in Justice Court would
be more quickly ... initially then going to Supreme Court to get another order to enforce
your previous order. To engage in any one of those actions does not mean you can't engage
in the other so therefore since you have taken action on the unsafe building law I would recommend
now we continue the action that has already been brought with Mr. Hatin in Justice Court
then after than we still can go to the Supreme Court to get a further action on this. I would
recommend that you take them in that order.
It was the consensus of the Board to follow the recommendation of the Town Attorney...
Mr. Hatin-Recom mended Mr. Jack Balfour for the position of building inspector...
Supervisor Borgos-That will be discussed in executive session relative to personnel...
Discussion held in regard to Tire Bids...resolution to be done at later date...
RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY
REGARDING PROPOSED AMENDMENT TO ZONING ORDINANCE
RESOLUTION NO. 428, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
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 which
was adopted on October 1, 1988, and more specifically considering a revision of Article 4,
Sections 4.020-n (Light Industry) and 4.020-o (Heavy Industry), as follows:
Uses: 1. Omit from the Light Industry Zone, Section 4.020-n, the following Type II Permitted
A) Enclosed Batch Plants
B) Junkyards
2. Add to the list of Type 11 Permitted Uses in the Heavy Industry Zone, Section 4.020-o,
the following:
A) Enclosed Batch Plants
B) Junkyards
WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant
to Section 265 of the Town Law of the State of New York, amend, supplement, change, modify
or repeal the Zoning Ordinance by Ordinance, and
WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance, it
is necessary to hold a public hearing prior to adopting said proposed amendment, and
WHEREAS, it would appear necessary to comply with the State Environmental Quality Review
Act in connection with conducting an environmental review of the proposed action which
consists of adopting the proposed amendment, and
WHEREAS, it would appear that the action to be undertaken by the Town Board of the Town
of Queensbury is a Type I action,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would
desire to be the lead agency in connection with any reviews necessary pursuant to the State
Environmental Quality Review Act, and
BE IT FURTHER
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 the proposed amendment, supplement, change and/or modification to
the Town ob Queensbury Zoning Ordinance which was adopted on October 1, 1988, and
BE IT FURTHER
RESOLVED, that said public hearing shall be held on September 10th, 1990, at 7:30 P.M.,
in the Town Supervisor's Conference Room, Town Office Building, Bay at Haviland 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 10 days notice of said public hearing by publishing a notice in a form to be approved
by the Town Attorney 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 Planning Department of the Town of Queensbury is hereby authorized
and directed to give written notice of the proposed amendment to the Zoning Ordinance of
the Town of Queensbury, a copy of the Long Environmental Assessment Form and a copy
of this resolution in accordance with the written notice previously described to be in a form
approved by the Town Attorney, to be delivered 10 days prior to the following:
1. Warren County, by service upon the Clerk of the Board of Supervisors;
2. The City of Glens Falls , by service upon the City Clerk;
3. The Towns of Kingsbury, Fort Ann, Lake George, Bolton, Warrensburg, and Lake
Luzerne, by service upon their Town Clerks;
4. The Village of Lake George, by service upon the Village Clerk; and
5. Such other communities or agencies that it is necessary to give written notice to
pursuant to Section 264 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 Planning Department of the Town of Queensbury is hereby authorized
and directed to give notice of said proposed amendment to the Zoning Ordinance, a copy
of the Long Environmental Assessment Form and a copy of this resolution and refer said documents
and said copy to the Warren County Planning Agency and the Town of Queensbury Planning
Board 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 Planning Department of the Town of Queensbury is also hereby directed
to give a copy of the proposed amendment, a copy of the Long Environmental Form and a
copy of this resolution to the Adirondack Park Agency in accordance with the laws, rules
and regulations of the State of New York and the Adirondack Park Agency.
Duly adopted this 23rd. day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
RESOLUTION APPROVING AUDIT OF BILLS
RESOLUTION NO. 429, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
RESOLVED, that Audit of Bills as appears on Abstract dated July 23, 1990 and numbered
90-3291 through 90-3513 and totaling $241,404.09 be and hereby is approved.
Duly adopted this 23rd. day of July, 1990 by the following vote:
SYJ.
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None"
Absent:None
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 430, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
RESOLVED, that the Town Board hereby moves into executive session to discuss personnel,
litigation, real property acquisition.
Duly adopted this 23rd. day of July, 1990 by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr.Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
RESOLUTION RETURNING TO REGULAR MEETING
RESOLUTION NO. 431, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. George Kurosaka:
RESOLVED, that the Town Board hereby moves back into Regular Session.
Duly adopted this 23rd. day of July, 1990 by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION OF APPOINTMENT
RESOLUTION NO. 432, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
RESOLVED, that the Town Board of the Town Board hereby appoints Mr. John Balfour of
Queensbury to the position of Assistant Building Inspector. at a salary of $21,000.00 per year
to begin work immediately.
Duly adopted this 23rd. day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 433, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive
session to discuss, personnel, litigation and real property acquisition.
Duly adopted this 23rd. day of July, 1990 by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
On motion the meeting was adjourned.
Respectfully submitted
Miss Darleen M. Dougher, Town Clerk