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1993-04-26 REGULAR TOWN BOARD MEETING APRIL 26, 1993 7:00 P.M. MTG#31 RES#255-264 B.H. 13-14 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Jim Martin, Tim Brewer, Ted Turner PRESS Post Star, Moreau Sun PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Supervisor Brandt called meeting to order. PUBLIC HEARING REZONING GARTH ALLEN D/B/A! BAY MEADOWS CORPORATION NOTICE SHOWN OPENED Supervisor Brandt-I'll open the public hearing is there anyone who is here to comment? Do you guys want to make a presentation at the beginning of this? Attorney Mark Schachner-It's up to you. I think you all have heard our presentation. Supervisor Brandt-We've heard it, I don't know if the public... Attorney Schachner-We thought if you wanted us to because there are members of the public who are interested we would. If there aren't if no one has showed up for the public hearing we didn't want to take anymore of your time we wouldn't, it's entirely up to you. Supervisor Brandt-Are there people here who are interested and would like to have... Mr. Ted Turner-I think I would like to see the map of it. Supervisor Brandt-Okay. Would you show us the map and start it that way with an explanation of what you are proposing for the public. MAP PRESENTED TO THE PUBLIC Attorney Mark Schachner-Miller, Mannix and Pratt. I am the Attorney for the Bay Meadows Corporation which is the owner of the Bay Meadows property that I'm sure everyone is familiar with. It compromises about ninety five acres, I think it's actually ninety seven point two acres which the Bay Meadows Golf Course is situated near the corners of Bay and Cronin Roads. With me tonight are our Engineering Consultant Dick Morse one of the principals of the Bay Meadows Corporation, Mr. Garth Allen who is sitting right behind me. We'll make a very brief presentation just tell you generally what we have in mind and if anyone has any questions, of course, we'll be glad to answer them and let's you get on with your public hearing. As I think the Board members know well, the Bay Meadows Corporation is proposing to develop the property in a cluster residential development. The jurisdiction of the Town Board the purpose of being before the Town Board is, that is for a rezoning request. The property is currently zoned SFR-IA which stands for Single Family Residential One Acre. Oddly enough that zoning classification does not allow for cluster development. In reviewing the property at several meetings dating back several years now with various Town Officials including members of the Town Planning Staff it was decided that the best way to develop this property in a single family residential type fashion while maintaining as much open space as possible and preserving the Golf Course itself. The nine holes that are currently being used and have been for several years was through a cluster development. As the Town Board is well aware cluster development has numerous advantages in keeping with the spirit of maintaining open space, neighborhood character, harmony with the environment, etc., etc., so we've decided to seek a request for rezoning. Our request is simply to rezone from SFR-IA to SR-IA which stands for Suburban Residential One Acre. The only difference is that we would then be allowed the cluster development under the new zoning, there is no difference in the density of development we're talking one acre minimum. That wouldn't change in the sense that the maximum number of units would not increase at all. So we're not increasing the intensification or intensity of the development we're just looking to cluster it. The main advantages, as I said, are to preserve open space on the property and to continue to maintain the Golf Course. The proposed rezoning has been reviewed already by the Warren County Planning Board and by the Town of Queensbury Planning Board both of which have unanimously recommended approval of the rezoning. The Town Planning Staff dating back literally over a year now also reviewed the rezoning request and very strongly endorsed the rezoning concept. You met, I believe it was on March 15th, and resolved first of all, that you would seek SEQRA or Lead Agency designation which, I think hopefully tonight you will assume. You also resolved to hold the public hearing tonight and that's why we're here. I believe that Dick Morse has put on the board there, an actual boundary map of the entire property. We also have with us a map of the proposed development as we see it. Dick Morse-Would you like me to briefly run through? Councilman Caimano-I think you better. Supervisor Brandt-Sure. Mr. Morse-What is before you right now is a map and I don't know if members of the public can see this, but it's a full map of the whole Golf Course. To...you, this is Bay Road running north and south and Cronin Road runs across the bottom of the parcel. The Clubhouse is representing by this area right here. The front nine basically lays out throughout this area of the parcel. What we're looking at doing and what's the next map, I will show you represents this area right in here which is the old back nine of the course. Assuming we proceed with a rezoning we are looking at a cluster development similar to something that you see right in front of you now. The access would be onto Cronin Road it would come in and there would be a large internalized loop within the project. We're proposing at this point ninety two units which is below zoning density and we have preliminary addressed for the purposes of SEQRA a number of the issues such as stormwater control or management which is a major issue on this site. Floodplain evaluation of that we had meetings with Town Planning Staff on that and other utilities such as sewer we would be connected into the existing Central Queensbury Sewer District and we're already in an established water district. In general that's what the project is, of course, this whole concept is we're successful in receiving the approval on the rezoning issue we would be in front of the Planning Board for all these basic mechanical issues in front of us. Councilman Monahan-How close is the sewer to you right now? Mr. Morse-The sewer is right here. It's right in Cronin Road we have laid this out to tie right in directly to a manhole which is located right adjacent to where we're entering. Supervisor Brandt-I'm going to open this up to the public now if there is anyone who has any questions or comments please come and make them for the record if you would. Mr. Don Moeller-332 Bay Road. Could you tell me where Bay Road is in reference to that outline, please? Mr. Morse-Bay Road does not show on this map. But, on this map this is Bay Road right here and this is Cronin. Mr. Moeller-And where are you? Mr. Morse-Our development would be over in here. Mr. Moeller-I see, okay. Supervisor Brandt-Any other questions or comments? Mr. Tim Brewer-I was just curious. I know there is another proposed development on Bay Road is hopefully going to tie into the sewer, has there been any conversation with each other about the size of the main and what would have to be done to accommodate this development? Mr. Morse-Jim will corroborate this. We have two or three meetings, I think three now.... Mr. Martin-Right. Mr. Morse-With all parties interested in for lack of a better term, I'll call it the Bay Corridor Sewer District or something like that. We had approached the Town approximately a year and a half to two years ago. We received a letter from then Supervisor Borgos stating that there was excess capacity he was willing to have us enter into that sewer district which we had been planning on. We have attended all those meetings on behalf of our client and have always come away from those meetings understanding that we were committed to that. We are adjacent to it our loading is well within the threshold. I think we have seventy five to hundred thousand gallons of excess capacity and we are estimated at twenty six thousand at build out so we're under that threshold. Mr. Brewer-I guess the only reason I was asking is because the other night we had conversation, Mr. Boehm said that the sewer was incased in concrete and I think Tom Nace was going to look into that. They were talking about not necessarily having to use a pump to go up to the pump station that's on Meadowbrook presently, but if it was incased in concrete then they would have to put a pumping station to bring it up there and then back down to the city or whatever. I didn't know if that would be helpful to you or not to find out that information. Mr. Morse-I certainly do appreciate it. This is an active sewer it's well below... Mr. Brewer-It had nothing to do with that other line then. Mr. Morse-It's probably three quarters of a mile up Meadowbrook, I know it well, we designed it so I know where it is and what they are talking about we will not even.... Mr. Brewer-Bothered by that, okay. Thank you. Mr. Morse-We're not even entering that pump station. This will go by gravity directly to the main central pump. Attorney Schachner-Just to add to that the Clubhouse is already on the municipal sewer. Mr. Dick Palmer-I'm just kind of curious is this going to become part of the Quaker Road Sewer District? Mr. Morse-Right now we would be an out of district user as the Clubhouse currently is. If there were an expansion of that district or if a secondary district we would be willing to participate. Mr. Palmer-I think what I'm looking for is sort of insurance that this would become part of the Quaker Road Sewer District so that it might help out as originally, I think proposed to alleviate some of the costs and to share the costs of the Quaker Road Sewer District. I think that I would like to see something in there that, I think I heard you mention Queensbury Central Sewer District. Supervisor Brandt-It's Quaker Road Sewer District. Attorney Dusek-I think usually what we've done if it, they are that close to the sewer district like this one is we would go through a proceeding and actually extend the sewer district. It would be an extension and they would jump in on the sewer after putting in their own lines at their own costs. They would then come in and join everybody else in the sewer district paying the same rates that everybody else pays. Mr. Palmer-But, it would be with the Quaker Road? Councilman Caimano-It has been the intent since January one of two years ago of this Board to encourage development on that sewer district in order to lure the overall costs. Mr. Palmer-That's why when he mentioned Queensbury Central Sewer District, I was concerned as to what it was. Councilman Caimano- That's a name he pulled right out of his ear. Supervisor Brandt-He has the wrong name, but the right concept. Mr. Palmer-Thank you. Ted Turner-I live on Meadowbrook Road. My question is on the proposal to rezone are you going to rezone the whole area that's SFR? Supervisor Brandt-That's the application isn't it? Mr. Turner-I mean the area that is not included in this? Attorney Schachner-I think Mr. Turner means beyond Bay Meadows. Mr. Turner-Beyond it? Attorney Schachner-We're just applying, obviously we only have ownership and control over the Bay Meadows property that's all we're applying for if the Town Board, I mean we wouldn't have any say if the Town Board was considering any other. Supervisor Brandt-We have not discussed any other property in context of this application. Mr. Turner-Okay, because it does extend over on Meadowbrook Road and Meadowbrook Road is primarily residential that was my concern. Councilman Caimano-There is no intent to go beyond what this... Mr. Turner-Beyond what this is. Councilman Caimano- There has been no talk about it has there? Supervisor Brandt-We had discussion the property owner at the corner of Meadowbrook and... Mr. Turner-McDonalds. Supervisor Brandt-McDonalds have talked about asking for rezoning to a higher density so that they could move their property. Nothing has moved on it there is no application and we have not initiated an application. Mr. Turner-My point then would be that when a developer came in and wanted to put duplexes on that side of the road they were dead against it because it would impact their property. Supervisor Brandt -Say that again, I'm not sure what you said. Mr. Turner-I'm saying when a developer came in and wanted to build a house there and wanted to put a duplex in there they came to the Zoning Board and they were dead against the issue of granting that relief. Councilman Monahan-Ted, Bay Meadows? Mr. Turner-Meadowbrook across the brook from this which would be east of the property and the boundary line would be Meadowbrook Road. The only property that is left there is McDonalds. Supervisor Brandt-But, that's not being considered tonight. Mr. Turner-I know, but that was my question. Mr. Moeller-I was looking today at your zoning map downstairs. I see this is a request for the property 60- 2-5 and also 60-2-10. I don't see that this corresponds to these locations here in the zoning maps so something is out of balance here. Attorney Dusek-Mark looks like he's trying to find some papers on it. I think what we need is a map Mark if you've got it of some kind. I remember originally there was some confusion over these numbers it was directed to these two numbers. Mr. Moeller-Let me show you where the zoning was that I saw. The property in here and this property right here and right here nothing said about over in here. Something's out of balance here somebody explain to me why this is so? Supervisor Brandt-I can't. Attorney Schachner-The numbers I have are 60-2-5 and 60-2-10. Mr. Moeller-That's correct. It's not the same as what you are describing. Mr. Martin-I can go check. Councilman Caimano- Will you. Attorney Dusek-There is a difference between the zoning map and tax map that may cause.... Mr. Moeller-I'm talking about the zoning map. Attorney Dusek-I think early on in this project I recall there was some confusion over the numbers and I thought in the end they had settled on the proper numbers. But, without going back and checking the maps I really can't give you an absolute answer on that. Councilman Caimano-Mr. Moeller did you say your numbers are from a tax map? Mr. Moeller- Zoning map. Councilman Caimano- That's what this is too. These are zoning map numbers 2-5 and 2-10. Supervisor Brandt-I don't know the map real well. Councilman Caimano-Can you get it real quick? Mr. Martin-I can go over and get it. AWAITING MR. MARTIN TO RETURN WITH ZONING MAP Mr. Moeller-I could be wrong. Councilman Caimano-Let's get it right. Supervisor Brandt-While he's getting that I'll take any other comments. Anyone else that would like to comment on this? Mr. Brewer-If they are cluster developing this whole parcel just hypothetically what happens down the road if the Golf Course is sold is that developed again or you are giving up your rights to develop that? Attorney Schachner-You can't develop it again required open space and part of the clustering. Mr. Brewer-It is required? Attorney Schachner-If it's required as open space and part of the cluster you can't develop it. Mr. Brewer-So that would be the open space for the people that are living there on the houses now. Councilman Caimano-As rezoned. Attorney Schachner-The Golf Course will still be open to the public. Mr. Brewer-Right, I understand that. Supervisor Brandt-Any other questions or comments? Councilman Tucker-I've got one while we're waiting. Mr. Schachner, part one information on the project. Attorney Schachner-Are you in the environmental assessment form Mr. Tucker? Councilman Tucker-Yes. It's phasing two or three the number and it's anticipated at phase will come in six months into ninety two. Attorney Schachner-That's not likely to happen. Councilman Tucker-I guess not. Attorney Schachner-This application was made quite some time ago and that I guess what the statement that we made at the time the environmental assessment form was submitted. Councilman Tucker-What's the agenda now when do you think? Attorney Schachner-I would assume that the best case scenario would be if the rezoning is enacted tonight which we certainly hope it is. We will make every effort to actually make our first submission to the Planning Board by it's monthly deadline which unfortunately is the day after tomorrow at two o'clock. But, we've done a lot of the work needed to make that submission and we're optimistic about being able to make that submission. We would get the Planning Board review process underway literally immediately if possible and hope to actually proceed this season. Councilman Caimano-So September? Attorney Schachner-Pardon me? Councilman Caimano-September? Attorney Schachner-It depends on how long the Planning Board process takes. Optimistically within a few months from now if things don't proceed as quickly it wouldn't be as quickly. Councilman Tucker-Are we going to do two or three any idea? Attorney Schachner-Phases? Councilman Tucker-Two or three phases? Attorney Schachner-Phases we're planning two. Councilman Tucker-Two. Thank you. Attorney Schachner-Thank you. Supervisor Brandt-Any other questions or comments? Well we're going to leave this open until we resolve the map issue. Councilman Caimano- What do you want to do start the SEQRA or wait? Supervisor Brandt-We could start SEQRA while we're waiting. Councilman Monahan-I think we should wait till Jim is here before we do it. Councilman Caimano- That's true because Jim has to be here. Supervisor Brandt-That wouldn't work well either. Councilman Caimano- Then we'll just sit here and look at each other. Councilman Goetz-Can't we just go on to the next item? Supervisor Brandt-We could. Councilman Caimano- Yeah, because that's going to be quick that's just setting a public hearing right. MR. MARTIN RETURN TO MEETING EXPLAINED TO MR. MOELLER THE LOCATION OF THE TWO TAX MAP NUMBERS 60-2-5 AND 60-2-10. Supervisor Brandt -Let's go back on the record. Tell us what you guys have just concluded. Mr. Martin-He had questions as to where the housing was actually going and he didn't understand the idea of clustering. That once he places ninety seven units on the twenty four acres of this larger piece the density rights are then given up for the rest of it. Councilman Caimano-For the whole property? Mr. Martin-Right, exactly. Councilman Caimano-He had some questions regarding the numbers. Mr. Martin-They are correct. Mr. Moeller-My misunderstanding. Mr. Martin-It is parcel five and parcel ten. I appreciate you going to the trouble of straightening me out. Supervisor Brandt-Is there any other input anyone wants to give us on this proposed rezoning? Councilman Caimano-Jim one more time. If we rezone this an entire parcel not just the section that's going to be where the units are going to go, but the entire parcel is then rezoned and becomes subject to the clustering requirements and land requirements by what deed restriction? Attorney Dusek-First of all, I think your ordinance has restrictions built in anyway, but to add additional security and to make sure that future owners would notify that my proposal would be that if you did rezone, rezone with a condition a Declaration of Covenants and Restrictions indicating that the golf course property won't be developed in the future you would have to agree on some kind of language for that. It would really be reflecting what's already in the Ordinance but, then if anybody ever bought they do a title search and they pick that up in the declaration. In addition you also at the same time perhaps add in that same declaration your condition on the sewer system that way you have both of those things permanently made a part of the record. Councilman Tucker-I'm assuming ten years down the road somebody else owns this they come in here and want to get rid of the golf course and develop that and nobody objects to it they can't do it? Attorney Dusek-What we've done in the past when we've had some of these conditional rezoning's we've developed a Declaration of Covenants and Restrictions that cannot be changed without Town Board approvals so the only way we can get it changed is they got to come back in before the then current Town Board. Councilman Tucker-But, it could be. Attorney Dusek-It's conceivable that it could be, but the problem with it is that they are going to have to come back to the Town Board undoubtedly the public would receive note you just don't change those easily. Mr. Martin-The only thing I would suggest is that we put a notation on the plat as well that can be done for our records and files. Supervisor Brandt-Any other comments or questions? Mr. Turner-Is it going to be two corporations or one corporation? Is it going to be the Bay Meadow Development Corporation for the housing units and then the Bay Meadows Golf for the land that's left? Attorney Schachner-Some of the mechanics aren't worked out yet Mr. Turner, off of the top of my head it would more likely be at least two because there would likely be at least two because there would likely be a Homeowners Association that will own a part of the common property and that's actually a form of a corporation that would be separate from the Bay Meadows Corporation so I would say right off the top of my head at least two and maybe more. Mr. Turner-So the language for the development would have to be drawn up so it includes both corporations? Attorney Dusek-What we would do Ted is we would look to who is identified as the current owners of the property because who is ever listed as that owner would be the part that would convey out this Declaration of Restrictions because they are the only ones that have any authority. Anybody after that would take separate to that so no matter how many corporations or how many transfers that were made in the future that Declaration would always be on the record. Supervisor Brandt-Anyone else? I'll declare the public hearing closed. PUBLIC HEARING CLOSED 7:30 P.M. Supervisor Brandt-Do you want to lead up through this? Mr. Martin-Okay. Councilman Monahan-Jim, I think some of us have some questions on the factual information that's here. Mr. Martin-Okay in part one? Councilman Goetz-I do. On page 2 the wetlands they describe as being 2.75 acres. Over on page 3, unnamed wetland size in acres 4.5. Mr. Martin-That was one of my questions as well, can you respond to that Dick? Mr. Morse-We had DEC on the site they have flagged wetlands and the mapping will reflect flagged DEC wetlands. I believe when we talk about the area of impact where we're actually developing that's a smaller area. There are wetlands here and there are also some wetlands up in through here. We refer to these wetlands I believe when were talking about the lower number. Councilman Caimano-So it's 2.75 that you are worried about? Mr. Morse-Well, we're developing in that area it impacts that. What the homeowners will cut out that's reflected on this map and there is another area of wetlands up in here. Councilman Tucker-One of these figures in wrong. Attorney Schachner-Can I clarify that. Councilman Tucker-Yea, please. Attorney Schachner -You can tell that we did not rehearse this response, but my understanding is that the difference is that the 2.7 acre number on page two, in item A, two refers to acreage on site and that the 4.5 plus or minus acreage number in item sixteen B on page three refers to within or contiguous to the project area that was my understanding. Councilman Monahan-Wait a minute. Your total acreage or project area is ninety seven plus or minus so whatever you've got in your answer to wetland underneath the ninety seven plus or minus should be the whole amount within that ninety seven plus or minus. Attorney Schachner-Right that's my understanding. The item on page three is not only what's in the ninety seven plus or minus it's also what's immediately contiguous to the ninety seven. My understanding is that's why item sixteen (b) is a slightly larger number. Councilman Monahan-In otherwords your saying that 4.5 is on land that Bay Meadows does not own part of it. Attorney Schachner -Correct. Councilman Tucker-Do they have jurisdiction. Attorney Schachner-This is just for informational purposes in your environmental assessment. Councilman Goetz- I have another question it's on page three, A, sixteen unnamed wetlands is it classified at all? Mr. Morse-DEC on their mapping Sue, I can't remember specifically if they show it or not. There is an area that runs down the brook that is wetlands. But, we did have them when we started this in ninety and flagged the wetlands. I believe we put unnamed because it wasn't specifically shown on their wetland map. Their wetland mapping is rather generic and then we have the... Councilman Monahan-So there is no class to it? Mr. Morse-To my knowledge this is the information they gave us. Supervisor Brandt-What your saying is it's a class one or class two. Councilman Goetz-I always thought wetlands were classified. Mr. Martin-I think streams are classified wetlands are not. They do have them named and numbered and categorized. Supervisor Brandt-There is class one, class two, class three wetlands, class four, I know of. It has to do with the quality of the wetland. Class four is not a very high class. Mr. Martin-I know there is a DEC identified wetland along Meadowbrook and Bay Road. It starts there and does angle up along and then follows the brook. Mr. Brewer-I think anything under twelve acres DEC doesn't get involved with. Supervisor Brandt-This is classified, I think. Mr. Morse-They will flagg anything. Mr. Martin-They will flag it but it's not jurisdictional. Mr. Morse-You have it surveyed in and come up with an area and then they prorate it. Councilman Caimano-But, the point is they have been here and they have flagged it. Mr. Morse-They've been on the site. Supervisor Brandt-It's a wetland to us I don't think it makes much difference what the class is. Attorney Schachner-We're staying out of it also. Councilman Caimano-Right. Supervisor Brandt-Right, any other? Councilman Monahan-I have some Mike. On page three Jim, seventeen is the site by existing public utilities it says yes. I think we need to also put in there that the sewer system needs to be extended in order to serve that site. Councilman Caimano-Well, it talks about the sewer system up here. Mr. Morse-The sewer system is there, is physically on Cronin Road. Now, whether you want the issue. Councilman Monahan-I'm just saying the sewer itself. I wanted a condition as this rezoning frankly that this site is going to be sewered or not interested in rezoning it. Attorney Schachner-We don't have any problem with that, but I think from a...point of view my understanding is the correct response would still be yes it served by the sewer in otherwords the line is there. It's not asking is this included in a district it's asking is it served by the municipal service. Councilman Monahan-Well, it's not served until you get the right to hook in. Attorney Schachner-The Clubhouse is already on the municipal service. Councilman Monahan-I was talking about that area there. Mr. Martin-The response I typically see is the applicant has done so. The sewer runs in the public right-a- way in front of the property then it's considered to be served by. Councilman Monahan-But, you see my point they can't hook on until we permit it because it's not within the district. Mr. Martin-Right. Councilman Monahan-So I think that answer is a little misleading. Councilman Caimano-If something on that property is already hooked up to the sewer why is it not in the district? Attorney Dusek-They are an outside contract user for just the Clubhouse. Mr. Martin-I think Cronin Road represents the northern boundary of that district doesn't it Paul? Attorney Dusek-Somewhere around there, I don't know exactly where the line goes. Councilman Tucker-How did the line get there? Attorney Dusek-Pardon? Councilman Tucker-How did the line get there if it's not in the district? Attorney Dusek-The line itself is in the district. The Golf Course is just outside the district so what happened is that just contracted as an outside contractor. I think they pay what everybody else is paying plus an additional five percent surcharge if I recall correctly. Councilman Monahan-On page four the same question that Pliney brought up I wonder if the applicant would like to change the answer to seven (b) when it's got a 1992 commencement date it would look a little more logical, I think. Attorney Schachner-That's fine if you want to do that. We could change it to July 1993. Councilman Tucker-September 1996. Attorney Schachner-What completion? Councilman Tucker-Yeah. Attorney Schachner-Completion of final phase it's really unknown at this time. Mr. Martin-Do you have any feel for what the first phases would entail. Mr. Morse-We've talked about, by coming in here and making this a hammerhead this first intersection we could put up one, two, three, four, five, six of these units in the fourplexes so we're looking at something like that. We can get in with a short stub of water and sewer and basically look at the market and see how that goes. That was originally our concept, I don't know if that will change. Councilman Monahan-This really doesn't have anything to do with the way this was made out. But, on page four number eighteen will the project use herbicides or pesticides and they say, yes. I would really want to caution the Planning Board when they look at this maybe they want to put in some restrictions because of the closeness to those brooks. The high water table where we got zero to six feet and etc., I think you and the Planning Board may want to do some restrictions about herbicides and pesticides. I also want to say as far as I'm concerned, when this is passed we are not acting on the density that's not our prerogative. Because, I'm not sure frankly if that density is correct when you've taken all the things that have to be considered in the density of a subdivision and the type of land that has to be subtracted when you figure the density and then you get a bonus for clustering. I just want to go on the record as far as I'm concerned we're looking at a rezoning we're making no comments on the density allowed. Councilman Tucker-I have a question for Dick. Dick how much sewer capacity? Mr. Morse-Twenty seven thousand gallons. Attorney Schachner-You mean on the system or us? Councilman Tucker-You guys. Mr. Morse-Twenty seven thousand gallons. Councilman Tucker-Paul question for you. When did that start paying for that capacity? Attorney Dusek-Which is this now? Councilman Tucker-The twenty seven thousand gallons per day for this project? Attorney Dusek-For the sewer? Councilman Tucker-Yeah. Attorney Dusek-They wouldn't pay until they are actually created as an extension into the district. Councilman Tucker-Yeah, but then what happens? Phase one they are going to put up six or eight buildings. Attorney Dusek-They would have to pay at the time you create the district they have to pay the buy in cost in full. Then they will build out their infrastructure as they need it. Councilman Tucker-I see. Councilman Monahan-I would also would like to say as part of the record and for the Planning Board that because of the high water table there because of the way the water lies on that land, I hope the Planning Board will pay particular attention to the drainage patterns and how that water is going to be taken care of and that it does not impact adversely any of the streams or the neighboring property. Supervisor Brandt-We have a form to fill out, right? Mr. Martin-Right. Supervisor Brandt-Let's get on with it. You want to lead us through it? Mr. Martin-Okay. Item number one, impact on land. Will the proposed action result in a physical change to the project site? Councilman Caimano-Obviously yes. Part of it is that one of the examples is apropos in there and that's construction will continue for more than a year and involve more than one phase. Mr. Martin-What will your response to that be? Councilman Caimano-I would say it would be a small to moderate impact that is mitigated by the project change. I assume that there is going to be some restrictions and contingencies put on the construction phase by the Planning Board. Councilman Monahan-See Nick that's why I think it's a potential large impact because of the water table there. Anything you do in there is going to have a big impact. Councilman Caimano-I don't deny that. My only problem with that is every time we get into this sitting on this Board I can't think of any place in the entire Town of Queensbury where that's not so. We could never build anything if we took that attitude. Where is there in the Town of Queensbury that won't, we do, won't have some impact. Councilman Monahan-We'll always have some, but I'm talking about the quantity. Mr. Martin-As I reviewed that response for Hudson Pointe phasing is almost preferred rather than tearing up the whole area to allow for the entire infrastructure and then having the units maybe take ten or twenty years to be fully built out. This is impacting the land a much less area and actually is a preferred method of doing the project. Mr. Morse-If! might Betty, just address one of your ideas of water and water table. Number one, to physically use the sewers and come in by gravity we have lifted this platform as it grades to the back probably about five feet over existing grade in the back here, that's the whole platform in the development area. In doing this to get this we have encroached upon the floodplain. What we have done internalize this drainage within here so that everything drains to the center and have created an area that cuts out an equal amount of area that we filled in the floodplain. So we have balanced the floodplain when this piece of Meadowbrook between Cronin and the bridge or the culvert on Meadowbrook Road floods we will not have a negative impact on the volume, we will still have there the same volume below flood stage that we had prior to our development. We have used this as our retention basin to allow water in and then we have a release structure out of this in this internalized area so we have considered that the platform elevation is maintained because the sewer regulations. I think it's four and a half feet of cover over the sewer that picks this whole area of that in here so that we can meet those so there are several things driving the design. Councilman Monahan-Dick, am I understanding you to say that your bringing in fill for all that back area? Mr. Morse-There will be some cut taken out of here, yes there will be some fill brought in. Councilman Monahan-Does that mean your creating a pond there? Mr. Morse-This is a stormwater management.... Councilman Monahan-Will it end up being a pond? Mr. Morse-There will be water in here as there is water there now on occasion when it is flooded. Councilman Monahan-My question is because this is arising in other projects how are you going to protect it in a liability way because you are then creating an attractive nuisance to children as you well know? Mr. Morse-To answer that we have many attractive nuisances if your talking about a water feature being an attractive nuisance it's already on this site. If you went out there right now along the stream there is an attractive nuisance. If that's a liability oflife I don't know, but we certainly can address that when we talk to the Planning Board. If they have concerns we can talk about how long that will be flooded. If they feel that at that point that warrants some treatment to keep children out of that then I think we will discuss that with them at that point. But, we already have that right here, right now for children that currently live in this neighborhood. Councilman Monahan-One's god made and one is man made. Mr. Morse-True, we'll take our liability. Attorney Schachner-If! could just add to an earlier portion of what Dick Morse is saying relative and try to relate it to the completion of Part II of the Environmental Assessment Form. I think a lot of people get confused about this I know the Boards that I represent elsewhere tends to get confused in filling our Part II. But, from my perspective when I did this just internally for our purposes as a draft it seems to me that the mitigation measures that Mr. Morse has just described are not really project changes they are already part of the project. So for what it's worth, I mean obviously I'm representing the applicant, but I checked off small to moderate impact in that same section. I didn't check off that it needs to be mitigated by the project change because it's already part of the project. Supervisor Brandt-I have to agree with you. I don't believe that this project is going to change the groundwater table a bit. The groundwater table sets by all the rain that comes off the mountains and this whole valley that this drainage pattern for. I don't think the project amounts much to anything as far as it's real implications on groundwater table. Councilman Tucker-Then where are we at? Supervisor Brandt-I see it exactly the same way it's a small to moderate impact. Councilman Monahan-Of course, what our instructions says, if answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided check colunm 2. If impact will occur but threshold is lower than example check column 1, so your right back to your examples. So you've got construction on land where depths of the water table is less than 3 feet. You've got one that's going to zero. Councilman Caimano-I know, but. Councilman Monahan-I'm just going by the State's instructions. Attorney Schachner-The State's instructions also say to use this just for guidance and that none of this is cast in stone. Supervisor Brandt-That's for a septic systems that's where that comes into play. Attorney Schachner-Typically. Supervisor Brandt-That's why we have sewered this area. Attorney Schachner-That's why the fact that's it's on municipal services is so significant here. Supervisor Brandt-Right. Councilman Monahan-Where are you checking. Result in a physical change to the project site, yes. You got construction on land where the depth to the water table is less than three feet. You got construction is designated floodway. Attorney Schachner-For what it's worth, I checked those things as small to moderate impact as well, I agree that I checked those also. Supervisor Brandt-And the engineer is here saying that it will have little impact on the floodway and he is the professional that's looked at that. Councilman Monahan-That's why then, you check, can impact be mitigated by project change. The project change I would assume is from what is there now to what they plan to do that is the project. Supervisor Brandt-I don't agree with that. Councilman Caimano- That's what he is saying. They've already taken that into consideration and they are doing it upfront they are not waiting for us to say change it. Councilman Monahan-I'm talking about the land as it lays there now and by their project proposal this is how they are going to mitigate everything that's there. Attorney Schachner-I'm saying that's not a change in the project. Councilman Monahan-I'm just saying it's a change in the land that's there now. Mr. Martin-We basically have three areas here then. Construction on land where the depth to the water table is less than 3 feet. Construction will continue for more than 1 year. Construction as designated floodway. Is there a consensus on all three of those? Supervisor Brandt -Yes. Councilman Caimano-I don't see it as anything but small to moderate impact myself. Supervisor Brandt-Pliney, how about you? Councilman Tucker-Yes, I guess. Supervisor Brandt-Sue? Councilman Goetz-Small to moderate. But, Betty has checked off yes, okay so small to moderate on the three mentioned. Supervisor Brandt-Betty, where are you on this? Councilman Monahan-I think it's still more than a small to moderate, but you know you guys out vote me. Councilman Caimano-It isn't a matter of out voting it's a matter of subjectivity and it's a fine line here. Mr. Martin-Number two. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) Councilman Caimano- No. Councilman Monahan-No. Councilman Tucker-No. Councilman Goetz-No. Supervisor Brandt- I say no. Mr. Martin-Three. Impact on water. Will proposed action affect any water body designated as protected? Councilman Monahan-No. Councilman Caimano-I don't know, I don't think so is there? Councilman Monahan-Can it affect the brook? What's the designation of the brook down there? Supervisor Brandt-They are not on the brook. Councilman Monahan-It says will it affect any. Attorney Schachner-That's our point. For example they are wetland, but we are staying clear of them we won't affect any. I checked no, sort of mentally underlining the word affect, will we affect any we submit the answer is no. Councilman Caimano-What's designated as protected anyway the brook? Councilman Monahan-That's what I'm wondering if it can have an affect on that Halfway Brook that has got a classification to it. Mr. Martin-I was going to say no. Supervisor Brandt-I see it as no. Councilman Goetz-What's the answer to Betty's question? Mr. Martin-Is the brook protected, I believe it's a classified.... Councilman Monahan-Trout stream. Mr. Martin-It's a classified trout stream. Attorney Schachner-I think that's right, but I think the answer to the question is no. I think Betty's right that it is designated and that's why we looked at this one carefully to say, okay is there designated water we think there probably is are we going to affect it we say we're not going to. Supervisor Brandt -Your not really near it. Attorney Schachner-Right. Our site plan takes that into account that we're not going to affect it. Supervisor Brandt-If you do affect it DEC will be all over you. Attorney Schachner-That's true, too. Mr. Martin-The consensus is no? Supervisor Brandt-No. Mr. Martin-Four. Will proposed action affect any non-protected existing or new body of water? Councilman Caimano-Not according to the examples. Supervisor Brandt-No. I mean you can knit-pick and say they are going to make a little drainage basin, yeah, they are increasing it.... Councilman Caimano-But, they are talking about ten acres. Supervisor Brandt-No, not under this. Councilman Monahan-No. Councilman Caimano- No. Mr. Martin-Will proposed action affect surface or groundwater quality or quantity? Councilman Monahan-I think that has to be a yes. Councilman Caimano-It will affect it. Supervisor Brandt -You'd have a hard time measuring it. If you look at the flow going through there. I'm sure there is a small to moderate affect. Councilman Monahan-That one they don't even care whether it's small to moderate. Mr. Martin-I want you to review the examples in light of the fact they are going on to municipal sewer and water system. Attorney Schachner-That's an important point. I know one of the Boards, I represent we don't have any municipal services so we always have to check off the third one from the bottom. It says proposed action will allow residential use in areas without water and/or sewer services. We have to check it off every single project, but here we do have the municipal services. I couldn't find any example that would be anything other than a no. Councilman Monahan-Other than right in the middle where it says a proposed action will adversely affect groundwater. Again, it's subjective but it will affect it, there is no question. Supervisor Brandt-Adversely affect it. Councilman Monahan-Small to moderate. Mr. Martin-Dick with your municipal sewer output of 27,000 gallons per day is proposed action would use water in excess of 20,000 gallons per day is that... Mr. Morse-Yes. Mr. Martin-Okay. Attorney Schachner-There is an example right there. Councilman Caimano-I think all these are small to moderate. Councilman Monahan-Small to moderate. Councilman Monahan-But, they will affect it. Attorney Schachner-That's fair. Mr. Martin-I just have the 20,000 gallons per day is there anyone else? Councilman Monahan-I think the other one proposed action will adversely affect groundwater it's bound too. Councilman Caimano-Anytime, you put a building up it's going to adversely, I don't know why that's in there. Councilman Monahan-Certainly you put more under roof. Supervisor Brandt-I don't buy that. Councilman Caimano-It's going to adversely affect it. Supervisor Brandt-It's going to affect it, I don't think it's going to adversely affect it. Councilman Caimano-It isn't going to positively affect it. Supervisor Brandt-Well. Councilman Monahan-The minute you make more runoff Mike you've got a problem. Supervisor Brandt-There is so much runoff coming through this system. Councilman Caimano-Oh sure, I'm not denying that. Supervisor Brandt-A billionth of the amount. Councilman Caimano-I understand what your saying. I just think the question doesn't belong in there. Supervisor Brandt-It's just knit picking. Councilman Caimano-It is, but it's there. Mr. Martin-We're saying yes to number five. We have two, small to moderate impacts adverse affect on groundwater and water in excess of 20,000 gallons a day. Six. Will propose action alter drainage flow or patterns, or surface water runoff? Councilman Caimano-Same thing. Supervisor Brandt-Yes, it's the same thing. Attorney Schachner-Even, I put yes to that one. Councilman Caimano-Proposed action is incompatible with existing drainage patterns. Councilman Monahan-We don't know one way or the another. Attorney Schachner-For what it's worth I put small to moderate under the very next one. Councilman Monahan-Which one. In the designated floodways. Supervisor Brandt -Your saying propose action would change floodwater flows? Councilman Monahan-Page 8. Councilman Caimano-Incompatible and will allow development in a designated floodway. Councilman Monahan-We don't really know whether or not it's incompatible that's why were cautioning the Planning Board that's one thing they have to be very careful about. Attorney Schachner-I don't agree that's it's incompatible. Mr. Martin-I would say yeah, will allow development of designated floodway that was the only. Attorney Schachner-That's the only one I checked off. Mr. Martin-Small to moderate? Councilman Caimano- Yeah. Supervisor Brandt-Small to moderate. Mr. Martin-Impact on air. Will propose action affect air quality? Councilman Monahan-No. Supervisor Brandt-No, not significantly. Councilman Caimano-Proposed action will produce action will induce 1,000 or more vehicle trips in any given hour. There is nothing in there... Councilman Monahan-There is no impact on air. Councilman Caimano-Even during construction, I don't think it would be. Mr. Martin-Impact on plants and animals. Will proposed action affect any threatened or endangered species? Councilman Monahan-I don't know how well have you guys looked that over? Councilman Goetz-Is there a Kamer Blue Butterfly by any chance? Attorney Schachner-We're not aware of any threatened endangered species or critical habitat of any kind. Mr. Martin-Nine. Will proposed action substantially affect... Councilman Monahan-Wait a minute. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Supervisor Brandt-Is growing grass for lawn a agricultural purpose? Councilman Monahan-Again, I'm not going to do anything about it. But, I'm cautioning the Planning Board that they need to watch that because of the impact into that high water table and where it can go to. Mr. Martin-I would ask the Board that they send the minutes of this meeting on to the Planning Board. Councilman Caimano- The answer is no. Supervisor Brandt-I want to be on the record, I don't think they will be a bit affected by herbicides if they stay within the State regulated use of herbicides and fertilizers you won't find them. I don't think we have to rewrite the State Law on herbicides and fertilizer, my god so put that in the record, too. Mr. Martin-Number nine. Will proposed action substantially affect non-threatened or non-endangered species? Councilman Caimano- No. Supervisor Brandt-Not significantly, no. Mr. Martin-Impact on agricultural land resources. Ten. Will proposed action affect agricultural land resources? Councilman Caimano- No. Supervisor Brandt-No. Mr. Martin-Impact on aesthetic resources. Will proposed action affect aesthetic resources? Supervisor Brandt-I don't believe so. Councilman Monahan- I don't remember in our Masterplan Jim if any of that was.... Mr. Martin-No. Councilman Monahan-So it's a no. Mr. Martin-Impact on historic and archaeological resources. Twelve. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? Supervisor Brandt-No is the answer. Councilman Caimano- The answer is no. Mr. Martin-Impact on open space and recreation. Thirteen. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities. Councilman Monahan-It has to be yes. Councilman Tucker-Yes. Councilman Caimano- The answer should be yes. Supervisor Brandt-I agree and it's positive actually. Attorney Schachner-In which case I would suggest under other impacts perhaps put that. Councilman Caimano-I think that's a good point. While it does permanently foreclose a future recreational opportunity that's minor compared to what we're also doing and that's protecting the open land through the use of clustering. Councilman Monahan-With the covenant that will be there that they can't develop the present Golf Course. Councilman Caimano- That's a positive impact. Supervisor Brandt -You've got that? Mr. Martin-Yep. Supervisor Brandt-Impact on transportation. Mr. Martin-Will there be an effect to existing transportation systems? Councilman Caimano-Not major. Councilman Monahan-I think it's a no. Mr. Martin-Impact on energy. Will proposed action affect the community's sources of fuel or energy supply? Councilman Caimano- No. Councilman Goetz-No. Mr. Martin-Noise and odor impacts. Will there be objectionable odors, noise, or vibration as a result of the proposed action? Supervisor Brandt-I'd say no. Mr. Martin-Agreed. Councilman Caimano-I agree. Mr. Martin-Impact on public health. Will proposed action affect public health and safety? Councilman Tucker-No. Councilman Caimano- No. Mr. Martin-Impact on growth and character of community or neighborhood. Will propose action affect the character of the existing community? Councilman Caimano- The propose action will cause a change in the density of land use. Councilman Monahan-From what's there right now, but not from what we're allowing under our present zoning because it's SFR-IA. Councilman Caimano- Y our right. Mr. Martin-I site the examples, I don't see anything.... Councilman Caimano-It's the same. Supervisor Brandt-It's no. Mr. Martin-Nineteen. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? Councilman Caimano-No. I'll move the Determination of Non-Significance. Councilman Monahan-Jim go back just a minute to impact on energy. Mr. Martin-What page? Councilman Monahan-Page 10. I really think that answer should be no, but I just see this question. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. To be correct should be we do a small to moderate, I think it's really no affect. Councilman Caimano-Are we really going to extend anything or create anything it's already there. Councilman Monahan-You'll have to extend your power lines. Councilman Caimano- They are already there aren't they? Councilman Monahan-Not into the site? Mr. Martin-That's the same question with the municipal sewer. Councilman Monahan-Should we do a small to moderate to be right? Councilman Caimano-I wouldn't, but that's up to you. Mr. Martin-Again... Councilman Monahan-You don't think you have to. Mr. Martin-No. Councilman Monahan-I just think it's an impact. The question the way it's worded. Before we do this negative declaration, Paul do we need to have some other things put in that like the extension of the sewer and so on and so forth? Attorney Dusek -Your rezoning resolution would have all of your conditions in it. Councilman Monahan-We don't need it the negative declaration? Attorney Dusek-I haven't seen the negative dec yet Jim had drafted that. Mr. Martin-I basically left it blank as to reasoning. Attorney Dusek -You do have to put in reasons for the determination. Based upon this review do you have some suggestions or comments? Attorney Dusek-I just have one suggestion for you. There is a Negative Declaration form which Jim is just writing out some statements to be included under the statement for your determination. He's got some proposals for you, you can add whatever you'd like in there. I would suggest that you authorize that first in terms of the way it's written before you adopt the resolution because the resolution refers to that statement. It would be reasons why you feel it qualifies for a negative declaration. Mr. Martin-Three statements. The project will be served by municipal water and sewer. Project will restrict further development on the remaining seventy three plus or minus acres. Councilman Monahan-Not restrict it should be there won't be any period. Mr. Martin-Okay. No development will be allowed on the remaining seventy three plus or minus acres as a matter of a Covenants and Restrictions. Attorney Dusek-What if you just said there will be no further development of the seventy three acres other than for the current existing Golf Course, right? Supervisor Brandt-Right. If you want to develop a new green you sure as heck got a right to do that. Mr. Martin-And finally the environmental assessment concluded that noted impact were of a small to moderate nature. Councilman Caimano-I move it. Supervisor Brandt-I'll second it. Any other discussion. Mr. Brewer-Can I make one comment before you vote. Supervisor Brandt -Go ahead. Mr. Brewer-Suppose they want to expand the Clubhouse that would prevent them from expanding that from that statement wouldn't it? I understand what your intention is for the other area the way you word it the open space would not be developed. Attorney Schachner-I think that's the appropriate suggestion. The other thing I could offer is somebody maybe it was Betty said earlier what your doing as I understand what your doing is approving the rezoning. The way, I think your Zoning Ordinance works the Planning Board will in detail fashion review the actual cluster proposal and will have some input into what the quote unquote designated open space and what isn't. Councilman Monahan-Mark, I'll tell you frankly as far as I'm concerned the condition in this rezoning is going to be that there will be no further housing developed. I want to be careful because I don't want to see some big commercial strip mall. Councilman Caimano-Other than related to the Golf Course. Councilman Monahan-Related to the Golf Course. Councilman Caimano-I think it's other than related to the Golf Course. Attorney Dusek-I wrote out something I was going to propose as part of your zoning conditions. What if you use that the Golf Course, so you are referring to the Golf Course, that the Golf Course area shall not be further developed and shall be retained permanently as open space. Councilman Caimano- Y our still leaving the building, that's part of the Golf Course. We want to allow them to expand that Pro Shop if they wanted too. Mr. Schachner-The idea that I understand it typically would be the designated open space shall be preserved. Then, I think the Planning Board has a lot of input into what is the designated open space. Supervisor Brandt -So we have a motion made and seconded. Councilman Caimano-What's that going to read? Attorney Dusek -You haven't really agreed on what that is going to read. What if you say the Golf Course area shall be further developed by additional buildings and shall be retained permanently as open space except for utilization as a Golf Course. You can't add additional buildings, but you can add on to the building that's there. Mr. Schachner-What if the Pro Shop Annex is a separate building? Councilman Monahan-Paul, I think you should say. By additional buildings unless they are related to the Golf Course. Councilman Caimano-As they are related to the Golf Course period. Councilman Monahan-Additional buildings as they are related to the Golf Course are okay. Attorney Dusek-How's it going to read now. Councilman Monahan-Go back to what you said. Attorney Dusek-The Golf Course area shall not be further developed... Mr. Martin-Except for development related to the Golf Course. Councilman Caimano-Except for those buildings or whatever that are necessary for the running of the Golf Course something of that nature. Supervisor Brandt-Then your restricting residential development in the area of the Golf Course. Mr. Schachner-She is saying no new residential, commercial or industrial uses. Councilman Monahan-What you said no new buildings and then you should say except unless they pertain to the operation of the Golf Course. Attorney Dusek-Okay. The Golf Course area shall not be further developed with new residential or commercial buildings except as relates directly to the running of the Golf Course and the Golf Course area shall be retained permanently as open space. How's that, does that do it? Councilman Monahan-That's okay. Councilman Caimano- That's okay. Supervisor Brandt-I seconded it let's move. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF AMENDMENT TO ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY GARTH ALLEN D/B/A BAY MEADOWS CORP. FROM SFR-IA TO SR-IA RESOLUTION NO.: 255, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is considering the application for a change of zone by Garth Allen d/b/a Bay Meadows Corporation, requesting that certain parcels of property owned by said Bay Meadows Corporation, bearing Zoning Map Numbers 60-2-5 and 60-2-10, be rezoned from the current zoning of SFR-IA (Single Family Residential- 1 Acre) to SR-IA (Suburban Residential- 1 Acre), and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is being treated as a Type I action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part II of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that pursuant to Section 617.15, the Negative Declaration presented at this meeting is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 26th day of April, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY GARTH ALLEN D/B/A BAY MEADOWS CORP. FROM SFR-IA TO SR-IA RESOLUTION NO. 256, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Garth Allen d/b/a Bay Meadows Corporation, petitioned the Town Board of the Town of Queensbury for a zoning change of his property (Town of Queensbury Tax Map No.'s: 60-2-5 and 60-2-10) from the current zoning of SFR-IA (Single Family Residential- 1 Acre) to SR-IA (Suburban Residential - 1 Acre), and WHEREAS, on October 22, 1991, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petition on the 9th day of October, 1991, and WHEREAS, a public hearing was held on this matter on April 26, 1993, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the areas to be rezoned, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Garth Allen d/b/a Bay Meadows Corporation (Town of Queensbury Tax Map No.'s: 60- 2-5 and 60-2-10) to SR-IA (Suburban Residential- 1 Acre), thereby authorizing all uses permitted under Section 179-19 of the Code of the Town of Queensbury in such area subject to and conditioned upon the property owner executing a Declaration of Covenants and Restrictions in recordable form and filing a Declaration setting forth that; 1. The Golf Course area shall not be further developed by additional commercial or residential buildings except for those that relate directly to the Golf Course facilities and that the Golf Course shall be permanently retained as open space. 2. The property shall be developed such that the buildings there on as built such be serviceable by municipal sewers with the developer to be responsible for sewer infrastructure costs and installation in accordance with State and Local Laws and Regulations. 3. The rezoned area shall be included in an extension to the Central Queensbury Quaker Road Sewer District with such extension to be consolidated prior to the issuance of any building permits. 4. No building permits will be issued at any time the developer is not in compliance with the foregoing conditions. 5. No revision to the Declaration of Covenants and Restrictions shall be made without the consent of the Town Board of the Town of Queensbury, and Subject to and conditioned further upon the developer paying a capital buy in charge for access to the sewer system for the entire propose project at the time the sewer extension is created, and BE IT FURTHER, RESOLVED, that the Zoning Map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article II of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect ten (10) days after said publication. Duly adopted this 26th day of April, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Attorney Schachner-Question. I think I know the answer to the question, in fact I'm sure I do, but I would appreciate it being on the record. The way the resolutions as I understand them I've not seen them refer to retaining the Golf Course as open space. I would appreciate it if we could just put it on the record to make sure there is no misunderstanding that the Golf Course will continued to be run as a commercial operation. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 257, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Town Board of the Town of Queensbury and enters into the Queensbury Board of Health. Duly adopted this 26th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MS. EUNICE WHITE RESOLUTION NO.: 13,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Ms. Eunice White has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Dry Well 10' and WHEREAS, Ms. Eunice White has indicated a desire to place the dry well seven feet (7') from the property line, rather than placing it at the mandated ten feet (10') distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 10th, 1993, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Ms. Eunice White to place the dry well seven feet (7') from the property line, rather than placing it at the mandated ten feet (10') distance, on property situated at 96 Aviation Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 91, Block 3, Lot 3, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 26th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None ABSTAIN:Mr. Caimano RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 14,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 26th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 258, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the March 8th, 29th, 1993 and April 5th, 1993, and hereby amends the minutes of April 5th, 1993. Duly adopted this 26th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE ZAREMBA GROUP, INC. RESOLUTION NO. 259, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically considering a request for change of zone by Zaremba Group, Inc., to allow construction of a 162,598 square foot retail building, whereby parcels of land, known as Tax Map No. 's: 110-1-2.1, 110-1-21, 110-1-22, and 110-1-30 and located generally along Highland Avenue, Quaker Road, Dix Avenue, and Warren Street in the Town of Queensbury would be changed from LI-IA, PC-lA, HC-15, and HI-3A to PC-lA, thus modifying the existing Zoning Ordinance and Map, and WHEREAS, on or about April 19, 1993, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of Queensbury Planning Board and Warren County Planning Board for a report and recommendation, and indicated its desire to be lead agent for SEQRA purposes and authorized notification of all other involved agencies, and WHEREAS, on or about the 20th day of April, 1993, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone of Zaremba Group, Inc., and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Part I Long Environmental Assessment Form and a number of exhibits, 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 a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on May 24, 1993, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter 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 26th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION SETTING FEES FOR ACCEPTANCE OF PAPER MILL SLUDGE AT THE RIDGE ROAD LANDFILL RESOLUTION NO. 260, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has previously undertaken a number of steps which would allow the acceptance of paper sludge and C&D waste (as allowed or defined by DEC Regulations) at its Ridge Road Landfill, and WHEREAS, the Town Board of the Town of Queensbury recognizes that certain additional steps, including DEC approvals, must be obtained, but desires to establish the rate at which, once all approvals are received, it will accept paper sludge and C&D waste (as allowed or defined by DEC Regulations) at said Landfill, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the rate of $4.50 per cubic yard for any and all paper sludge and C&D (construction and demolition) waste that is allowed or defined by DEC Solid Waste Regulations it will accept at the Ridge Road Landfill, conditioned, however, upon any party wishing to deposit said paper sludge or C&D waste at the Landfill having first entered into a written agreement with the Town Board of the Town of Queensbury, which agreement shall contain such terms and provisions as the Town Board shall deem appropriate and also as shall be recommended by the Town Attorney for the Town, and BE IT FURTHER RESOLVED, that no paper sludge or C&D waste, described herein, shall be delivered to the Landfill without first obtaining the consent of the Department of Environmental Conservation. Duly adopted this 26th day of April, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: Mrs. Monahan ABSENT:None DISCUSSION HELD BEFORE VOTE: Supervisor Brandt-Noted that the landfill is prepared to take paper mill sludge and C & D waste at the rate of $4.50 per cubic yard.. . Have about a five month period to take in material, would like to bring an application to DEC asking for up to 400,000 yards offill. Believes they can net out enough to close the landfill and comply with the State Law, if they can get enough material. Noted it would mean a big impact on trucking to the landfill until August. Councilman Monahan-Questioned how much construction and demolition waste has been coming in the landfill on a monthly average? Supervisor Brandt-Not much as of yet. They haven't been approved to take out of County debris. Noted they have to get a permit approved by DEC this is still subject to their approval. Councilman Monahan-Noted her concern for the impact that this will have on one of the citizens in the Town who has a C & D yard across from the landfill. Supervisor Brandt-Noted this will be done for a five month period at the end of that period it will probably shut down. Councilman Monahan-Noted her concern on the impact of traffic in that area. RESOLUTION FILING APPLICATION WITH DEC RESOLUTION NO. 261, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano File with DEC the application for closure which includes 400,000 cubic yards offill. Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 262, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1993 budget: SUPERVISOR: FROM: TO: AMOUNT: 001-1990-4400 (Contingency) 001-7550-4400 (Celebrations) $ 4,500.00 PLANNING: FROM: TO: AMOUNT: 001-1990-4400 (Contingency) 001-8020-4400 (Misc. Contractual) $ 3,600.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 26th day of April, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION INCREASING EXECUTIVE DIRECTOR ANNUAL SALARY RESOLUTION NO. 263, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously created the position of Executive Director of Planning, Zoning and Code Enforcement, and, effective October 12, 1992, appointed Mr. James Martin to the position, and provided for a certain salary for the position, which salary was to be increased at a certain point in time, all in accordance with Resolution No. 530 of 1992, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby notes that there is some question as to whether Civil Service has given final approval to the Executive Director position for the Town and, therefore, some question as to Mr. Martin's current Civil Service status with the Town, but, at this time, it desires to increase Mr. Martin's salary to the annual salary of $40,000.00, prorated from and effective as of the day after Mr. Martin completed a full six month term with the Town of Queensbury, and BE IT FURTHER RESOLVED, that previous Resolution No. 530 of 1992 is hereby amended accordingly and that the salary shall be paid for from the previously budgeted account. Duly adopted this 26th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Attorney Dusek-Spoke to the Board regarding the Resolution Adopting Determination of Non-Significance Local Zoning. Noted this is in regard to satellite dishes and that it has been adjourned by the Planning Board until Thursday night. Supervisor Brandt-Noted a letter has been received from Roger Ruel, 10 Mabel Terrace, Queensbury also a member of the Planning Board. Councilman Caimano-Questioned if the Planning Board will be voting on the satellite dish antenna problem? Mr. Martin-Yes. Councilman Caimano-Questioned if Mr. Ruel will abstain himself from voting because he is publicly on record as being against it? Mr. Martin-Noted he thinks he was doing it as a member of the Planning Board. Councilman Goetz-In the letter there is no reference to representing the Planning Board. Councilman Caimano-Stated he thinks Mr. Ruel has abstained himself from voting on this. Councilman Monahan-Unless he has made a statement to the Planning Board previously to writing this. DISCUSSIONS Carolyn Rudolph-Ridge Road. Requested the Board to change the Zoning Ordinance to allow for Bed and Breakfast. Looking for a more fair and equitable way of dealing with Bed and Breakfast in the Town of Queensbury. Councilman Goetz-Stated that she likes the concept of allowing this in the Town, noted that it would come under Site Plan Review. Supervisor Brandt-Noted that Queensbury should review what it's doing in it's whole Ordinance that we should put a lot of emphasis on building our Town plan. Noted that there is room for rethinking this. Councilman Tucker-Questioned what can be done to solve this problem? Mr. Martin-Noted he thinks they are asking for Bed and Breakfast just on designated arterial roads. Mr. Rudolph-Right. Councilman Monahan-Stated that the definition should be changed to allow these three different classifications and should lessen the requirements for the ones that have a minimal impact on the neighborhood. Mr. Salvador-Noted his concern that the Board is not going down the same road like they did on Lake George with people renting out a boat dock to a friend. To be careful that they are not walking into the same thing with the renting out of bedrooms in people's homes and calling it Bed and Breakfast. It was the decision of the Town Board to have Mrs. Rudolph, Mr. & Mrs. Oudekerk, and Mr. & Mrs. Crislip to meet with Jim Martin to work on a propose change to the Ordinance allowing Bed and Breakfast. OPEN FORUM Jack Cushing-speaking as a resident and a observation from the ARCC and a observation from the Queensbury Business Association. Believes that this would be a hardship on the Rudolph's or any business with an unforseen future. Stated there are only three Bed and Breakfast in the Town of Queensbury, noted the ARCC gets many many inquires regarding these. Asked the Board to keep the Bed and Breakfast here not to send people elsewhere to keep them in the community. Noted that Queensbury Business Association is aware of this situation and feels very strongly that the Ordinance should be looked at and something done with the Ordinance itself. Hopes the Board will look favorably upon this. Mr. Richard Nicholson-Luzerne Road, Queensbury- Thanked the Board for taking the taxpayers behalf on the way the Assessment was handled. Presented petition to Board (on file in Town Clerk's Office) of residents in neighborhood noting their dissatisfaction with the excessive property assessments. Mr. Gilbert Boehm-Questioned the Board regarding new guardrail material along Bay Road. Supervisor Brandt-Noted that this is a County Road not a Town Road. Mr. DeMars-Ward Four. Questioned if the Board approved the minutes of March 8th, 29th, 1993 April 2nd and 5th, tonight? Supervisor Brandt -Yes. Mr. DeMars-Questioned if the Board has copies of the minutes in front of them? Supervisor Brandt-No. Mr. DeMars-Questioned if Supervisor Brandt read all of the minutes? Supervisor Brandt-Noted that he had not and had mentioned it on the record previously. Mr. DeMars-Noted that on April 5th, he had addressed an issue which the Board is familiar with. Has received no response from the Town as of yet which was promised on the qualifications of a house that was suppose to be located in his area. Supervisor Brandt-Has met with Mr. McNulty and Mr. Donahue on the issue Mr. DeMars has presented. The Committee for Mentally Disabled Homes requested that the Board consider a resolution approving the sites in Ward One and Four. Councilman Monahan-Noted before any sites are approved the Board should take a visual look at them. Mr. Demars-Questioned if the Board has made any decision regarding the approval of homes in the Ward Four? Supervisor Brandt-No. Noted they are asking for the Board to consider it and approve, has received a letter from Mr. McNulty regarding this. It was the decision of the Board to prepare a resolution in regard to this issue and present it at the next regular meeting. Councilman Tucker-Spoke to the Board regarding Leo Lobster on Route 9, that they have requested four street lights which is in the Queensbury Lighting District. Noted it will cost the Town $214.22 a piece for the lights. No action taken, it was the decision of the Town Board to wait and visit the site. Mr. DeMars-Questioned the Board regarding the streets lights on Arberger Drive if they were put there by the Town or individuals? Also, noted that he was not in favor of the street lights. Councilman Tucker-Noted that the Town put them there. Brad Patch-Questioned the Board if he had missed the vote on the Red Lobster issue? Supervisor Brandt-Noted there has never been a vote on the Red Lobster. Mr. Patch-Questioned if they will be voting on this? Supervisor Brandt-The Board has chosen not to bring this to a vote? Have started a study on the traffic in the area and do not want to address it until there is an answer to the traffic issue. Mr. Patch-Questioned how long this would take? Mr. Martin-Estimated the end of July. Noted he is still waiting to hear from the Neighborhood Association. Councilman Tucker-Questioned the Town Attorney about Americade? Attorney Dusek -Noted there was a proposal to buy an ad in a brochure for Americade and Americade is not being located within the Town. Stated he doesn't know of any basis at this point to advise the Board that they should pay for the ad. Mr. Boehm-Spoke to the Board regarding the Fireworks Display in the Town asked if this was an appropriate charge? Supervisor Brandt -Yes, noted that this is for the general public. Councilman Caimano- This is for the betterment of Town people for the Town and is within the Town. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 264, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel and attorney/client privilege matters. Duly adopted this 26th day of April, 1993, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury