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1993-08-09 REGULAR TOWN BOARD MEETING AUGUST 9, 1993 7:00 P.M. MTG#58 B.H. 28-29 RES. 440-451 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, Dave Hatin PRESS Post Star, Moreau Sun, WENU PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOETZ Supervisor Brandt -Called meeting to order. RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 440, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 9th day of August, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None PUBLIC HEARING OPENED 7:01 P.M. CONTINUATION OF PUBLIC HEARING MICHAEL & BARBARA MULDERRY DAVE GASPER - DICKINSON ASSOCIATES PRESENT Mr. Gasper-What happened is the Mulderry residence, I don't know if you know the history it burnt down last winter. I guess as part of the new building code they look into the old or existing septic system and found that it didn't conform to current reg's. We proposed a holding tank which basically is the only thing that will work on the site. Being a tight sight we can't meet the setbacks to the building and property line this is why we're here for the variance. Supervisor Brandt-There was a question about the proximity of that tank or those tanks, whatever it is to the Highway, right? Mr. Gasper-Correct. Supervisor Brandt-I did get a letter from Paul Naylor, I'll put that right into the record. Deputy Town Clerk O'Brien-Read following letter into the record. Date: August 5, 1993 TO: Town Board From: Paul H. Naylor Dave Hatin, and I went over the issue of the holding tank and after a length discussion, I see no problem. The tanks are far enough from our highway, which is approximately six feet and will not interfere with snow removal. The road is a road by use and all we own is the blacktop. Mr. Gasper-The tanks also have traffic covers on them so there is no worry about trucks or whatever collapsing there. Supervisor Brandt-Are there any questions by anyone here? Since it's a public hearing it's open to the public is there anyone that would like to comment on this matter? Then I'll declare the public hearing closed. PUBLIC HEARING CLOSED 7:03 P.M. The following resolution was passed. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES FROM THE SANITARY SEW AGE DISPOSAL ORDINANCE FOR MICHAEL AND BARBARA ANN MULDERRY RESOLUTION NO.: 28,93 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, Michael and Barbara Ann Mulderry have 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 standards 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. Septic Tank 10' 10' NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 2, 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 the variance of Michael and Barbara Ann Mulderry to place the septic tank 2' from the property line and 7' from the dwelling, rather than placing them at the mandated 10' distances, on property situated at the end of Cleverdale Road (east side), Town of Queensbury, New York, and bearing Tax Map No.: Section 14, Block 2, Lot 5, 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 19th day of July, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 29, 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 from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 9th day of August, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None UNSAFE STRUCTURE KENNETH ERMIGER DAVE HATIN, DIRECTOR OF BUILDING & CODES PRESENT PRESENTED PICTURES OF PROPERTY TO BOARD MEMBERS Mr. Hatin-Spoke to the Board regarding the Ermiger property on Route 9, south of the Zoological Park. Noted last year the Board ordered Mr. Ermiger to board up the property. A couple months after that Mr. Ermiger undertook the demolition of the buildings and did demolish them without completing the operation. For the last six months the buildings have sat there. This is brought back before you to force Mr. Ermiger to clean up the property or for you to order the property be cleaned up. Has tried several times through letters to Mr. Ermiger and has received no results. Requested the Board to look at this and make a recommendation based on the resolution prepared tonight. Councilman Monahan-Questioned if there is a cellar hole that is opened with no protection? Mr. Hatin-There is a partial cellar hole that has been filled in with a portion of the foundation I can't look under, assumes there is a foundation under it. Councilman Monahan-Asked if there was any danger to people falling in the hole? Mr. Hatin-Noted the biggest danger is the material that is setting there. Has partially filled it in on request, but hasn't completed it. Noted he has given him many opportunities to comply. RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY KENNETH ERMIGER IS UNSAFE - TAX MAP NO. 73-1-4 RESOLUTION NO. 441, 93 INTRODUCED BY:Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Mr. David A. Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as located adjacent to Route 9 south of the Route 9 intersection with Round Pond Road, Town of Queensbury, and bearing tax map no. 73-1-4, and has made findings as more specifically set forth in a letter dated August 9, 1993, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, the demolished building on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the demolished building removed and the cellar hole filled in if the property owner fails to take action to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, or structure is unsafe and dangerous and thereafter order their repair or demolition and removal and further order 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 demolished structures thereon, bearing tax map number 73 -1-4, appear to be: 1. presently unsafe and dangerous; 2. may become a place of rodent infestation; and 3. unfit for the purposes for which it may be lawfully used, and BE IT FURTHER, RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises, 2. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter, 3. The Town Board feels, based on current information, that the demolished structure should be removed and the cellar hole filled in 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. Unless an emergency condition is demonstrated, the Code provides that the work ordered hereunder must be commenced in 30 days of receipt of this Notice and be completed within 60 days thereafter, 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 23, 1993, at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 6. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the demolished building is immediately removed and cellar hole filled in, as set forth herein, and whether to authorize the Director of Building & Codes to immediately perform such work and thereafter assess any charges to the real property as per ~68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with the order of this Board to remove the demolished structure and fill in the cellar hole located on said property, the Town Board is authorized to take action to have the property secured 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 said action, including legal expenses. and BE IT FURTHER RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None OLD BUSINESS DISCUSSION RED LOBSTER Supervisor Brandt-There was a proposal that came to this board for rezoning for "the Red Lobster". A piece of land that is zoned residential and was asked to be rezoned to commercial. That really in my observation triggered a whole bunch of things. First of all, it made this Town Board aware of a traffic congestion problem that I don't think all of us had focused on at least to the extent we started to focused on it when this came before us. We started looking at that problem very carefully in context to the propose rezoning and we identified that the problem is more than a rezoning problem. It is a traffic problem that exists and it's a traffic problem of major magnitude. In this application, I see three sets of interest. The Town Board has to represent the Towns overall interest in how the Town functions. There is a neighborhood interest, it became obvious as we got into this that there are many homes there and those homes are deed restricted that is within their deeds they are restricted to be single family homes that's it they can't be really anything else in one whole neighborhood. That makes us feel that we have to look at that neighborhoods interest and see how to protect it. There is a land owners interest in this case it's Mr. Wood who would like to sell his land and make use of it and he has a legitimate interest, too. We have to balance those interest, but as I see it more than anything else what we have to do is solve the traffic problem. I don't see this in my mind whether it's a Red Lobster or not a Red Lobster, I see this as an obligation to fix something that's not working well at all. We've set out on that course to look as a Town Board, we hired some consultants to help us look at his whole area. We had airplanes fly it, photographed it, mapped it, those maps were just rendered for contours within the last two weeks. Meanwhile, we used the aerial photographs to start laying out some potential answers and our traffic analyst did some hard looking at what's really happening there and he also made some conceptual proposals of what would help it. Then about a week and a half ago, two weeks ago, he got the final contour maps and so we asked him to start detailing some of this so we can what it look like and we're going to share that with you right tonight. Jim, why don't you take us through that. Supervisor Brandt-We're also learning in the process that one of the problems we've had as a governmental unit that's trying to get funding to solve it's traffic problems is that we have to work through a certain procedure and a certain type of planning with the Department of Transportation to succeed at getting funds and we're learning how to do that. It's not a simple process, not a fast process. In this whole discussion it became very apparent that a major problem exists, we've all known it, but it's gotten much worse and that is where you cross Exit 19 over the Northway. Now, we have the blessing of two lights there they don't seem to be coordinated and they seem to work worse then when they had one. But, that's the why it is and those lights belong to the Department of Transportation that is the State government and not ours. This Board has passed a resolution going to the State and to the Regional Transportation Council and saying, please do something about this immediately and we're starting to get results based on all this effort. Jim, you can lead it from there. Executive Director, Jim Martin-Thank you very much. As, Mike indicated and some people of the neighborhood have had the benefit of seeing this. We've had two meetings with the neighborhood committee so to speak and the intent was for them to get back to the neighborhood at large and convey what the thoughts were as they developed. PRESENTED AERIAL PHOTOGRAPHY AND LAYOUT OF PROPOSE PROJECT TO PUBLIC AND BOARD MEMBERS Executive Director, Mr. Martin-This is Route 9 here, this is Quaker Road coming in and this is Aviation Road coming off of that. We have the Exit 19 interchange right here. What we wanted to do is look at the overall study area which is outlined in bold here. The purpose of the overall study the main goal is to propose improvements which will take the pressure off of this intersection. We have intersection here that at peak hour we have estimates of 4,600 cars going through that intersection at an afternoon peak hour. In most cases it's on the verge of failure and three of these four legs, I think it's a level of Service D, today. So, this is a study area what we did to try and better explain this is we divided it up into four quadrants. You have the fist quadrant here which is our principal concern tonight. You have what is referred to is the Greenway North neighborhood here. Robert Garden South Apartments here. Ames Store, proposed Wal- Mart, subject parcel here, and the Northgate Shopping Center here. The mall is in this second quadrant which would be from Aviation Road southward wrapping around to Glen Street here, you have Price Chopper down in this corner here. Then in third quadrant which is bisected by Lafayette Street you have Hovey Pond here, Glenwood Avenue runs along here, and the Queensbury Shopping Plaza is right behind here. The new plaza is not shown on this photograph is right here, Quaker Plaza. Now, the fourth quadrant is then north from Quaker Road wrapping up and around meeting back to Route 9. We have some numbers on here which I'm sure everybody can't see, but what the numbers indicate are what the existing traffic levels are in the intersection. The red indicate what the savings would be estimated with improvements I'll speak, too. I think this quadrant here and this particular area of the Town is potentially the most challenging area in the Town from a planning standpoint. There is a lot of mix land uses in here and you have a very nice, well established single family neighborhood here and a lot of these things have conflicting land uses due to transportation improvements which occurred since 1960. The Northway going in naturally and then when they realigned Aviation Road to make a perpendicular intersection here they really left things in a mess. Then this is where the commercial development went the plaza's were constructed and the mall went up. So, with that being the case, a lot of this traffic infrastructure doesn't work very well and people are doing the best they can now to get around. They are getting in through McDonalds or Kentucky Fried Chicken and they are doing everything they can just to get through here in the best reasonable way. When you approach something like this you've got to say, okay what are your goals as any basic planning study will do or Planning 10 1 will tell you, what are your goals. The first goal is to improve the traffic flow the traffic pattern. The second, I would say as the Planner of this community somebody who was raised here and all that, is, I would say the goal is to also protect this single family neighborhood as best you can. These are deed restricted properties in here, but as a practical matter it's a very niche neighborhood and works very well as a single family neighborhood. I've heard some people say, well it make a nice senior housing site. I think for the practical matter it probably already does. In that regard, I think that would be a second goal of this study is to try and protect that as best we can. With that in mind you have a couple conflicting goals here, but we'll do our best to wrestle with that. I'm sure what everybody's main concern is what's going to happen in this immediate area here that could potentially impact this single family neighborhood. Supervisor Brandt-Jim, I think you should point out that in looking at the four quadrants the quadrant that I believe shows the most impact if you change it is the first quadrant your addressing. Executive Director, Mr. Martin-Right. Supervisor Brandt-If you make some kind of a by-pass through that quadrant it has more impact on the overall intersection than anything else that you can look at today. Executive Director, Mr. Martin-What we're going to look at is proposed improvements. Blue lines indicate bike paths and things like that. We're trying to open up as many avenues for bike and pedestrian traffic as we can, but, certainly the principal concern is vehicular. The first improvement which I'll show in more detail in a minute on a larger map. This is the Greenway North intersection here at the western most entrance to the mall. Running a new road from that point over through to what signalized intersection in front of the True Value Hardware Store. Now, how that is done, I'll show you in detail, but again that has to be done with the intent in mind, okay, if we do that we're going to satisfy our first goal and that's to move traffic better. But, now the second goal how can we satisfy that in terms of protecting this single family neighborhood hoping we can make it easier for those people to get in and out. So, how that road sits in detail is key. That's why we went to the extent that we did the up front data collection on this study was approximately $15,000 in terms of the aerial photography and to get this mapped at a fifty scale with two foot contours and topography so we can know specifically where these roads will lay and how they will impact property, buildings, and so on. That road would run through there that single improvement that one road has a single most benefit of everything I'll talk about tonight. We're talking about traffic at peak hour at 4,600 cars an hour. Now, of all the things I'll talk about it it's projected that these will relieve 975 cars out of the intersection that's a 21 percent traffic reduction through that intersection at peak hour. Of that 975 cars in mitigation a third of that is accomplished by this one road so that really puts a lot offocus on that. The next thing would be, well there are several, would be a road of a local nature running from the corner of the neighborhood up through here to connect to Weeks Road. Another would be running a road from the lower intersection of the mall the eastern most intersection up through and connect into the new road at this point and you'll see that in more detail as well in a minute. Another thing that is being looked at conceptually is running a service road paralleling Aviation Road and connecting down into Greenway North at this point that takes care of the improvements in that quadrant. Now, an extension of Carlton Drive of a service road through here, I think conceptually it has some merit, but as a partial matter, I don't know. I think that's got to be looked at in more detail. I don't know the gain from that will meet the cost so that's something that's got to be looked at as well this connection running up from the corner into Weeks here. But, I think in this quadrant the first two that warrant the most thorough look is certainly this road from Greenway North here through to the signalized intersection at True Value and potentially a road coming, from this first intersection at the mall and up into the new road. Now, naturally as a backdrop to all of this and the work is already underway the designs have started is the widening of the Aviation Road Bridge. You don't have to be a rocket scientist to figure that one out. That work is already underway it's three years away from work actually being started. They intend to let the contract in the beginning of 97, that's the latest word we've gotten believe it or not is on the fastest track that we could hope to get out of the State but, that is coming the work is started that's for sure. In the second quadrant here the principal improvement would be a new road running from the first intersection here where the mall somewhat along the existing right -a-way for the mall entrance then coming off and skirting behind what is now phase here. Behind these apartments here and through to Foster Avenue here. Again, how that lies in there is not a matter of topography and all that. But, that's conceptually the layout of that road. Not much is called for here is this quadrant outside of a bike and ski trail here somehow maybe we could hook that in with Hovey Pond, but that is yet to be explored as well or in any detail. Now, the next quadrant is the last here would be a road aligning with Lafayette Street here at this point coming up and around behind the cemetery and aligning here with Weeks Road. Now, that probably is something more long term in nature by the sheer cost. Your talking about a road of quite a lengthy nature there, I believe there are probably a lot of topography concerns in there as well that have yet to be looked at. But, I think everybody's focus tonight is certainly this area here so let's show that in a little more detail. I said to the neighborhood committee the last time we met as soon as I had some topography and some detail I'd get back to you, well here I am. Hopefully we can have another meeting and we can focus on this a little bit more if you want too. Again, this is still preliminary, but at least it's on here with some topography. What we have on here is US Route 9 here, the main intersection is down here off the map and then Aviation Road comes from there wraps around here up like this now, the parcel of concern tonight is here, okay. Now, again the goals of the study were to improve traffic flow and then preserve this neighborhood the best we can and hopefully we can make things work better for it. Here we have a road coming in from the light here at the western most entrance of the mall, Friendly's is here. Coming down through paralleling what is now Old Aviation Road here cutting across up through the True Value parking lot and coming out at this light here. What this does, I feel is this area here is approximately a sixty foot buffer between the new road and the edge of the Old Aviation Road here. I would like to see Old Aviation Road dead ended here that's what I'd like to see if that can be possible. That turns Old Aviation Road into nothing more than a neighborhood service road for these four houses. It gives plenty of buffer between this traffic on the new road and these houses here. What's shown here the other component of that improvement a road extending from the easterly most entrance of the mall here, the red light here, and coming up through here. That would be a right hand turn out and right hand turn in only. Now, there were some concerns expressed, I heard that night from the neighbors on Birch Lane how would this occur. As we thought about this more, again I'm a Planner of the Town, I'm not here to force people out of their homes. If this can occur through a natural process of as property sale or change hands there fine, but there are some people in here who have been living here twenty and thirty years and are quite frankly very happy living there if that's the case then fine. There is no need for this, I don't think in the immediate term. But, this here does have a lot of benefit this road here does. If that can be accomplished as a first leg on starting to implement this entire plan that would be recommendation. Now, some specific adjustments to this may be, well it was a concern that night when I explained this to the neighborhood, well what are you doing giving us an outlet there that really doesn't help things it doesn't make anything better we're still not going to be able to get out. Alright, this is what they are designing now, I don't have the designs with me tonight. Maybe this could be moved down further this way or maybe we have to utilize an old section of Old Aviation Road, shut this off completely then utilize a section of Old Aviation Road and bring it in here. Now, that gives it plenty of distance from either intersection it almost has it in the center. With that you would see a net loss in traffic on this road over what we have today with people cutting through McDonalds and since that isn't available anymore cutting now through Kentucky Fired Chicken. If this were the case the only people who would utilize this road would be the people in this neighborhood and that would be it. There would be nobody else who would need to go back there. It provides a buffer between the new road and this old road here which would then turn it more of a neighborhood use or a local use. With those two goals in mind that's the thinking as it stands today. This is still somewhat conceptual, but it is starting to take form now that we have topography and all that. Supervisor Brandt-Let me fill you on a little bit more. That particular map is showing you with the green on it we've only seen for a week... Executive Director, Mr. Martin-Less than that. Supervisor Brandt-And that is to scale and it's with the topography figured in for the amount offill that has to be made so that the base of what's needed for the right-a-way is all calculated in correctly. Executive Director, Mr. Martin-Something else, I would like to add. In terms of the practicality of how something like this could come to pass. This road due to the benefit of it is of such a nature that it's eligible for federal and state funding. What that mean is then, I just heard this Friday is that ninety five percent of the cost of this both in terms of land acquisition and hard construction and soft cost can be paid for through federal and state funding. Federal eighty percent, state at fifteen, then a local share at five percent. The other thing they are saying is this is shown now as a five lane road two in each way with a center turn lane. The state looked at this and said, that's properly really not necessary your going to probably need a three lane road there one lane each way with a center turn lane. We're looking at probably a three lane road estimated cost, I would say right now the best you could nail it down would be a million to two million dollars depending on the land acquisition involved that's the big factor. The actual capital construction is not going to be that much the hard construction cost will probably be in the neighborhood of five hundred thousand dollars or something like that. Councilman Monahan-Jim, question. Where do you have to get the land from for each leg of that design there? Executive Director, Mr. Martin-In terms of this section of the design it comes down to two property owners. You have Charles Wood property basically here so he'd be one land owner the other would be the True Value parcel, Mr. Al Boychuck here so your looking at two property owners for this section here. Supervisor Brandt-Mr. Boychuck saw this this, afternoon for the first time. We didn't want to have him read about it tomorrow in the paper and we we're able to get together with him. There is a problem with public planning, I mean your affecting everybody's life a great deal. He's got a big investment there. Is he a willing seller? He certainly doesn't know yet you sure have to look at it. How do you put this together, there are some big questions. But, if you've got federal and state funding to go with you where we're looking at five percent on a two million dollar project that's a hundred thousand dollars that's livable. If you start talking millions of dollars to this Town government to do that job we can't do it. Obviously the state has looked at this and decided that it is a very significant piece of road to the intersection that they are concerned about it so they will commit to it that's an opportunity. I know that the Board has had a hell of a time with this, all of us have. We've all talked to neighbors and you know exactly what you've told everyone of us. We know it isn't popular to look at a rezoning that is going to build let's call it the Red Lobster here, but it's a commercial rezoning that's what it really is. On the other hand, I look at it and say, if we're going to build this piece of road we need the land. If we've got someone who is willing to give up some of that land that can be a gift that we can use as our share of the cost of building this thing. That's a possibility, don't discount it out flat because one thing when your talking about, I've talked to some of you today and people said to me, did you see the traffic there Saturday? As a matter off act, I did and we all did. You know what, Red Lobster didn't create that traffic not only that the last Board gave permission to the mall to build a very large addition that's not factored in. This Town government is working on an application with Kmart and Wal-Mart that will affect it. Also, what's affecting this Town more than any other single thing is your building 260 to 300 homes every year even in bad times. That's what's causing the traffic the traffic is the problem we've got to solve that. Executive Director, Mr. Martin-What, I said from the very beginning and Brad Patch will attest to this as one person. I personally have not put any time into this for the soul purpose of benefiting one property owner here. I quite frankly, really in terms of this project, I don't care what happens to this parcel because this planning study or this traffic study and these proposed improvements are a Town planning study meant for the betterment of this overall district and I'll say that till I'm blue in the face because that's the way it is. Something very interesting came out in the review of the Wal-Mart that was just looked at by the Planning Board. This intersection the main intersection the Route 9, 254 intersection will fail in the year 2000. Meaning all four legs will be at a level of service "F" without any of the proposed development or the approved development that's to occur in this study area and there is a lot of it without any of that coming into play. You've got Wal-Mart here approved. Mall expansion here approved. Expansion of the Queensbury Plaza here approved. New shopping center up here proposed without any of that. This intersection is going to fail in the year 2000 and certainly without the Red Lobster. That is why this has to be looked at and something has to be done or this is going to become grid locked more than it already is. Now, it happens on a rainy Saturday afternoon's and Christmas time it will be a regular event there. It's not going to be because there is commercial development necessarily in this area it's going to be because there is 162 units of housing being built in a recession year. Councilman Monahan-Jim, you didn't finish answering my question. What property does the other leg go over? Executive Director, Mr. Martin-Now, this lower leg here depending how it specifically lies in there is going to affect more property owners. You have Papa Gino's property here. Warren Tire which is a long rectangular parcel here. Then potentially two private property owners here. How that specifically sets in there you may be able to diminish that down to one so your looking at a total of three there. Councilman Monahan-Are you talking about two homes or other types? Executive Director, Mr. Martin-One home, Warren Tire, Papa Gino's, potentially two homes. But, again I don't see this as of a pressing nature. I think that is something that should re-development here occur you link it to that, but not until. Councilman Goetz-Where are the two homes? Executive Director, Mr. Martin-I don't know how well you can see it because it's kind of faint. Councilman Goetz-Birch Drive? Executive Director, Mr. Martin-On Birch Lane. There are one, two, three houses shown on this side. One, two, three, four, shown on this side. This is with aerial photography we might have lost one or two of them. I think that's all of them, but I'm sure people can correct me if I'm wrong. Supervisor Brandt-But, that road does not have to be where it's shown? Executive Director, Mr. Martin-No. That is certainly subject to change. The topography in this area is not preclusive to this going in a wide range in that area. Again, the first priority of all the improvement talked about in the context of the study would be this leg of the road here because that shows to have the single most benefit. Supervisor Brandt-The detailing of the other road could be done as a plan is generated for that property. Executive Director, Mr. Martin-Right. The other thing I'd like to stress is no plan for this area starts until the property owners in this area are of approving of such. Councilman Goetz-Jim, back to the ownership of property. The owner Aroxy Cleaner doesn't he own some of that property? Executive Director, Mr. Martin-Mr. Poladian, I think he owns the backside of Warren Tire maybe the whole Warren Tire property, I'm not sure. We talked to him one day last spring.... Supervisor Brandt-We talked to him, but I don't remember. There are several people that own there, but can you internalize traffic in that whole area? In my estimation this could all become commercial and you could start cutting back on some of the existing road cuts as a plan is developed for this as a whole commercial area. Internalize as much traffic as possible and get rid of as many road cuts as possible. That's an opportunity, but you need to generate a plan with these property owners and that includes the homeowners if and when they ever want to sell, if they don't want to sell there is nothing that has to be done. What your setting up is a market where a commercial developer is going to see some real value here and he's going to entice, I would assume and somewhere along the line they'll come in and try to entice these people to sell and then do a whole development internally. That's what you have to hope for, but nature has got to take it's course. Executive Director, Mr. Martin-In my view outside the neighborhood as a whole within that contexts the two groups that are affected certainly the most by this rezoning proposal and by this plan are these four property owners right here and the property owners on Birch Lane, that's for sure. These are deed restricted properties here and I heard people say up there, it's not fair what's happening to us with this commercial development because we don't even feel like we should be putting a home improvement into our house or taking a loan for that because we're afraid we're not going to get it back out in terms of the value. What I think we should do is try the best we can to say, this is the line from here up or here over this is single family and try and have those people retain some value in their homes and build some equity and appreciate in value. In terms of these people here, I don't know given with what's already here the mall, road, commercial development immediately around it, I don't know if single family zoning is fair to them in all honesty. I think the use of that property it's a beautiful little land and if they are happy there fine, but in terms of the value of that it's not reflected out in the value and that's not fair to them, that's just my view. This will allow them to have an out so to speak, but only when they dictate it that's a critical part of this plan is this section of the plan has to be at their discretion. Supervisor Brandt-We met with Mr. Wood this afternoon let me show you a question. The proposal that he brought us there wasn't enough room to put this road in here and work with what he had in mind. We asked him would you shift your land use over and change the land use so that it can work so that we can accommodate this and basically the answer was yes they are willing to do that. Councilman Goetz-I think we should clarify who met with Mr. Wood today. Supervisor Brandt-We, that is myself, Nick, and Jim. We also went out on the property and walked it and looked at it. I'll tell you we don't know that this is the best answer here that much engineering hasn't been done. We need to get more engineering done, would it be better here or better there we don't have that answer. But, the answer lies in the topography and you really have to do some detailing. We're showing you information that we've had for a very short time, but not all the Town Board members have seen this even up until today. This was the map that was proposed and brought to us and you can see there really isn't room in here to move the road down where it belongs to give a buffer in here. We asked could this be moved over here leaving a fifty foot buffer on this side? The answer is we think so we have to detail it. Could we do a different layout in here to make it work, probably. Those answers aren't in hand yet, but conceptually it appears that it would work. The problem we've got, I'll tell you is that there is a customer here, Mr. Wood who said, that's the Red Lobster we pay premium for this piece of land and that premium is sufficient that he's willing to give us approximately half of the land for what we want in exchange to get the premium that they are willing to pay. But, that offer is going away fairly soon. We knew that when we started looking at the plan and we said, can we accommodate it and end up getting this piece of land to the Town to help in what we're doing. We have made an honest effort to try and do that this is as far as we've gotten we're sharing it with you it looks like it's decision time here we sit. Executive Director, Mr. Martin-Anybody have any questions of me? Councilman Goetz-I do. We've talked about the funding in that process and that doesn't seem like that would happen right away. Executive Director, Mr. Martin-What is best that could be hope for is the bridge is due to occur essentially within three years spring of 97, essentially 3 1/2 years. The best we could hope for is to piggy back this project on with that one so it occurs simultaneously. That's the best that we could hope for. You get a real education when you start talking to the state about what has to be done in order to do a bridge widening like that. They have to go back to the federal government with a pollution study that shows any improvement that's federally funded as that bridge will not have a negative impact on the existing air pollution levels in the area. They have to be the same or improve it that takes some time. There is property acquisition for this bridge as well with the design that they are looking for here. From what I hear, they are calling for a southbound ramp right off the Northway in this configuration that would come in right next to the school right through what used to be Elaine's Beauty Boutique in that area so there is property acquisition involved. Councilman Monahan-Excuse me Jim, I think I just lost you. You said the southbound is going to move to the other side of Aviation Road? Executive Director, Mr. Martin-Southbound off of the Northway would be in this area here. By the time they get going through all their hurdles they have to go through and they have several stages of design work they are so busy down there they don't even do their own design work anymore it's consulated out. Your looking at a three year process, but that process has started tlIat's the key it's no longer a matter of when your going to start it the wheel is in motion. Councilman Goetz-Is there anyway to start that road improvement before we piggy back or propose piggy back? Executive Director, Mr. Martin-I was thinking about this today. I was wondering if we undertook any cost on this that we could be reimbursed for it, but that's something I'd like to ask the state, I don't know. Supervisor Brandt-We tried to contact some of the state people today to answer some of these questions. We don't know the answer we've never been down this road before we don't know the process we need to know. Nick was just talking to me here and he's saying, well we still got some answers to get can we work on this and reconvene and bring it to a vote with a couple of more answers plugged in. He suggested a special meeting next Tuesday, I'm certainly willing to do that and we can do it. Councilman Caimano- The Supervisor set out three goals and he set out a goal of the Town Board representing the Town's interest. The Town Board representing the neighborhood's interest, and the Town Board representing the land owner's interest. Regardless of the vote that's going to still stay with this Town Board. We're still going to work in those directions so it strikes me that any vote is really going to promote acrimony, anger, mistrust, and what's the purpose of that. Ifwe can work together if we can find a way to compromise and work together than that's what we should do in my opinion. Supervisor Brandt-I'm certain of one thing there is no simple answer to the traffic problem we're looking at. I'm sure of another thing you can say, well we shouldn't allow any growth there until that bridge is fixed over the Northway and there is some logic to that. But, you know what your really saying is your saying you shouldn't allow houses on the otherside of the Northway. Your really saying we ought to pull a moratorium on the Town and shut down construction. You know a lot of people would get hurt very badly, I'm not in favor of that at all. I think we can solve this problem it's within our capabilities of doing it. We've got to have the resolve to solve it. We got to make the commitment by the Town to resolve it and we've got to put the bucks in it that it's going to take to resolve it. But, it's our problem to resolve and it's our obligation to do it. We've got to come up with the best answer that satisfy's the most needs that we can and it isn't going to be a perfect answer for everybody we know that. Councilman Monahan-Jim there was an article in the Post Star Thursday, July 22nd. It's an associated press release. I just want to know if that's going to have any effect on any of the dates of funding that we're talking about? If you talked to anybody about this? A key Assemblyman said Wednesday that future road and bridge projects across the state could end up being delayed because talks over where to spend the money have bogged down. Assembly Transportation Committee Chairman Michael Bragman, a Syracuse Democrat said, legislative leaders and Governor Mario Cuomo have so far failed to agree on which individual highway projects to fund with 9.6 billion from a massive four year transportation plan. Without an understanding among the three parties regarding the projects that will be funded there will be unconscionable delays when the monies become available Bragman said. Executive Director, Mr. Martin-I don't know there are so many programs flying around the state I'll do my best to address that. In terms of the funding for this project and the bridge it's my understanding that the bridge is hundred percent funded out of federal funds. But, in terms of this project eighty percent would come from the federal, fifteen from state, five percent local share. The fifteen percent has been the thing that has been increasingly been more difficult to pass every year. I think it was referred to as the Marcella Program named after the Senator who started it years ago. That is a program by which is was designed to do just that supplement the federal money and make the cost lower to the local governments. That is being increasingly more scrutinized when it was first passed it was built right into the DOT budget. But, in the last couple years it's been a line item in the budget where somebody has inserted in and supported it. That's the way it's been funded the last couple years. Councilman Monahan-But, as this federal money also passes through the state and the state has the right to say where that money is going to go. Executive Director, Mr. Martin-Right. Councilman Monahan-Have we got an iron clad commitment and it's not within this fight that I'm talking about where money is going to be spent? Executive Director, Mr. Martin-We do not have an iron clad commitment on this yet. Councilman Monahan-I'm talking about even the bridge? Executive Director, Mr. Martin-I would say the bridge is more secure the design work has started on it. Councilman Monahan-But, is it a iron clad guarantee that the money is going to go into the building of the bridge the federal money? Executive Director, Mr. Martin-I can't answer that question tonight, I will get an answer for you. Councilman Monahan-Thank you. Supervisor Brandt-We shared with you what we know and I'll guarantee you there is a lot we don't know. I don't know what's the will of the Board? Councilman Goetz-I don't think we should vote tonight we don't have all the where with all to do it to make an educated vote. Councilman Caimano-We could vote tonight, but we could only vote on what we know tonight. The game keeps changing everyday we keep learning more. Supervisor Brandt-But, you can also delay this week after week after week. I'll guarantee you if your here two years from now you won't have all the answers either. At some point your going to have to go with your best intuition your going to have to go with a commitment. If it came down to it this Town could bond the state share sometimes we're asked to do that that's my understanding and then the state repays it. Ifwe can get into that kind of agreement we should explore it. The real question in my mind is can we make some improvements that make that property work now and have those improvements be the same improvements that we need for eventual. That we can superimpose a temporary answer and a permanent answer one on top of the other. I think a few days of working on that can be helpful. Attorney John Lemery-representing Mr. Wood and the Red Lobster in connection with the application that has been before this Board for some period of time. In some ways it seems like the Red Lobster has taken on a life of it's own. You read in the paper that the Red Lobster is before the Town Board. There are 24,000 people in the Town of Queensbury, I would think if the Red Lobster had this kind of significant impact we probably meet in the Civic Center. I just like to make a couple of comments to the Board because i think it's very important. This whole piece of land that we're talking about rezoning is four acres. One of the problems we faced representing Mr. Wood and Red Lobster is the fact that over the last several months the Wal-Mart store has been approved up in Queensbury with a significant impact on traffic. I understand Kmart is going to be located somewhere down here where Earltown owns property down at the other end of Quaker Road if we recognize that this is a traffic problem not a Red Lobster problem. What we tried to do here is to provide the maximum mitigation available to the situation. In effect we're asking you to really rezone two of the four acres not the four acres. Two of the four acres is being turned over to the Town either as a permanent conservation easement or if the Town takes it now and keeps it as a permanent conservation easement and later decides to build the road you then have the ability to deal with it in terms of creating a road back here or leaving the one hundred foot buffer we originally talked about providing for the neighborhood. In effect what we're suggesting is, I haven't talked with anyone who said you can have single family residences that border Aviation Road. You could put single family residences along the back here and you could face them out on Old Aviation Road and this road here, but there isn't anybody I've talked to who said, yes you really can put single family residences out on Aviation Road facing the mall. What we tried to do is say, let's provide a buffer zone that is sufficient, adequate, that's permanent that protects the neighborhood because what we understood to be the significant issue here with the Town and the Town planning. At the same time look at the piece ofland fronting on Aviation Road and try to do something reasonable with it recognizing that there isn't anyway it's going to be ever used for anything, but commercial purposes. We've agreed to in your findings to adopt the use of plaza commercial as opposed to more heavily used portion. We agreed if you decide to use the road to try an hook in over where True Value is to move the site so as to provide more room. I have been told the issue with regard to traffic involves the bridge and that some people say, we don't want the Red Lobster there because it's going to increase the traffic at the bridge. If that's going to be the case how can you permit subdivisions and two or three hundreds homes a year to be built west of the bridge. How can you permit any further development to go on Aviation Road at least down to a point where Bay Road intersect and not agree that it's going to impact that bridge. To me, if your going to single out the Red Lobster an eight thousand square foot restaurant here as creating the massive traffic problem then it seems to me you have no choice, but to declare a moratorium and stop all the development along Aviation Road in order to deal with a point where the bridge is reached. I think that's the only far way to deal with it otherwise it's singling out a very small piece of land and suggesting that this small piece of land is the problem. This landowner has tried to mitigate this situation which he didn't cause and you didn't cause. The Chairman of the Zoning Commission said, we didn't think it should remain residential, but we didn't know what to do with it and we recognize it at some point it's going to be commercial. We hoped at the point when it would become commercial something reasonable by way of a buffer would be dealt with. That came from both Joe Carusone and Steve Sutton and Steve is here tonight, I saw him here and I think he can attest to that. The Town Planning Board which is where you impose your planning has approved this and approved it for a rezoning by a four to two vote. We're out of time in the sense that we can't continue to just sit and do nothing with the site as you recognize. If this is not approved then we understand that. We hope that you'll look at it very carefully and recognize at least from Charlie Wood's perspective and from Red Lobster perspective we tried to recognize the three issues that Mike Brandt brought up here. What's reasonable for the Town. What's reasonable for the neighborhood. What's reasonable for the landowner. We appreciate your time we know that this has been a very difficult subject. We hope that you'll think about it carefully we have no objection to adjourning it hoping to help you get more answers. Thank you. Councilman Goetz-I have a question. Could you repeat what you said about plaza commercial? It's been advertised as a change from SFR-1O to HC-IA. Attorney Lemery-Right. You have right in your determination. Councilman Goetz-By stipulation? Attorney Lemery-Correct. Supervisor Brandt-And you've agreed to that in the discussion earlier, I remember that. Are you willing to work with us concentrated this week to see if we can make the entrance using this map our engineers produced? See if they can work and put it together as your entrance to what your proposing so we can consider that? Attorney Lemery-Sure. Supervisor Brandt -Say we hold a special meeting next Tuesday and bring this to a vote. Attorney Lemery-I just want to point out that if this is a plan acceptable to the Town it avoids taking this. It avoids taking it to provide a buffer for the neighborhood and it avoids taking it to build that road. The land cost here that's a significant savings to the Town. If you decide to delay the road then you have a hundred foot buffer back here for people on Aviation Road. Thank you. Supervisor Brandt-Am I sensing the will of the Board to reconvene next Tuesday night? It was the decision of the Town Board to meet Tuesday, August 17th, 1993 at 5 :00 p.m. Councilman Caimano-We ought to decide what it is we're going to do during this week. We need some commitments from the State and from Jim. We need some discussions with the residents. We need discussions with the landowner himself, and there are people in the back that want to talk. On hang just one second, it's up to him. Supervisor Brandt -On hang just one second. This wasn't convened as a public hearing to go through it agam. Attorney Mark Schachner-Don't start that Mr. Brandt. Supervisor Brandt -On now wait a minute. By god, you want to know who chairs the meeting? Attorney Schachner-I know who chairs the meeting. Supervisor Brandt-Alright. Hat in hand you speak respectfully and you can speak. If you want to dictate to me you can go right the hell out of here. Attorney Schachner-Mr. Brandt, I don't think it's appropriate to have only one person speak. Supervisor Brandt-I don't think it's appropriate the way you came forth either. If you would like to speak you may very well speak and I'll certainly give you that right. But, you don't come at me that way either. Attorney Schachner-I apologize. Supervisor Brandt-Alright. Attorney Schachner - I sensed that you were trying to shut off some of my clients. Supervisor Brandt-No, I did not say that. I said, I like to get a sense of what this Board is thinking. The public has always had a right to speak at these meetings and they always will. We stay here to midnight if they want to speak to us. This item on the agenda as is it is not an open forum and not a rehash of the entire debate. If we can understand that, I think everybody is willing to hear it out. We'll be respectful to each it will work fine. Councilman Goetz-Let's get back to what Nick said. Did you want to make sure that we knew what was going to be on the agenda? Councilman Caimano- Yes. Councilman Goetz-I think we should handle that first and stay on course here and then listen. Executive Director, Mr. Martin-We have a Planning Board meeting scheduled in this room next Tuesday night. Supervisor Brandt -Tuesday's night meeting we can do it in a small room, Atrium, I'm not worried about that. I think what's important is that we meet and consider and bring forth all the information we have. Councilman Caimano- There is new information that came forward this week. All I want to see for myself because your side and your side have both asked us all to be open minded about this thing. I want to make sure that we have discussed everything that we can discuss before we make the vote. Supervisor Brandt-Let's set it for five o'clock. In the meantime we have to contact DOT and learn anything we can about funding formals, timing. If we build part of it can we be reimbursed? I think those are the main questions at least in my mind. We also need to look at site specific can this work with the site for specifically what the Red Lobster is asking for. We don't know that right now, I don't know that right? I think it can, but I don't know it so we need to get some mechanical input on that. Anything else? Councilman Monahan-Paul a question. If we used Town funds to build that road with the hopes of getting reimbursed that would be bonding. Would that bonding be subject to public referendum? If you don't know would you find out? Attorney Dusek-I would have to check on that. Supervisor Brandt-Alright, Mark. Attorney Schachner-I really don't have anything to say right now. My perception was that you were not going to allow some of our client group to speak that are here tonight that want to speak about what they heard. I very strongly feel since we heard a nice long statement from an applicant we're allow to hear something from the folks that are here tonight. Supervisor Brandt-I'm not an applicant. You heard a lot from me and a lot from him, but neither one of us our applicants. Attorney Schachner-I didn't say that. Supervisor Brandt-We did hear from the applicant and we will hear from your people that your representing, I guess. Do me a favor don't drag us through everything over again. Look at what we brought to you and comment of it. Attorney Schachner-Mr. Supervisor with all do respect the applicant's statement rehashed all the way back to square one. I'm not comfortable with some of our folks being limited with the scope of their comments. Why don't we hear what they have to say? Supervisor Brandt-Let's hear it. Attorney Schachner-I also have a couple of procedural questions you can get to them later. But, I don't understand if we're talking about another public hearing or how that all works, but I rather hear from the folks first. Supervisor Brandt -Come right on up and talk to us. Dorothy Hall-West Mountain Road. I own a house on the corner of Birch Lane and Old Aviation Road. That house is a historical house. I bought it and put many many thousands of dollars into the restoring of a piece of history for Queensbury, it has one acre of land. If Charlie Wood is so concerned and you people are so concerned about the Red Lobster and Charlie Wood getting his huge amount of money out of that piece of land, my land is one acre is my land worth one quarter of what his is? I am preserving that piece of land. Also, I'm preserving three hundred acres on the West Mountain Road. You people go by and see it and wonder who owns this land. I'm preserving that because it will probably be the only piece of land in the Town of Queensbury that will not ever be developed. My grandchildren had nightmares and this is the next generation. They see trees being cut down, houses going up. Their nightmare is that there are no more trees in the Town of Queensbury and when will they come and start cutting down our trees. Their nightmare is there is only one tree left, Grandpa and they are coming to cut that one down, too. That is my feeling for the Town of Queensbury. As you come around there and see that green area you want it all blacktop, do you want to cut the trees? Sure you'll leave a buffer, but when you cut down trees the buffer doesn't do much good you can see through. It takes a heck of a lot of trees and a heck of a lot of buffer for the people who live on Old Aviation Road not to have their privacy and their homes ruined. I also feel that these people have spent their whole lives building their homes this is their life long work. You come up here and you talk about the Red Lobster, you take about this road, bringing this road out here. First of all, that road that comes out there did come out onto Route 9, but they blocked it off when they put McDonalds there. We're right on the corner there on Birch Lane and Old Aviation Road that was all blocked off at one time traffic could go through there, well they blocked it all off to stop the traffic going through there. I feel it's all for the sake of the Red Lobster and Charlie Wood getting his great amount of money for his piece of land to make it possible your upsetting the whole darn Town. Supervisor Brandt-Anyone else. Mr. Saunders-I like to ask Mr. Martin a question on this new road your putting in. Where is the green light going to be for Greenway North now? It's looks to me like it comes into this other road we're without a green light to get out off of our street at all. We can't get onto Aviation Road now what are we going to do without the red light? Executive Director, Mr. Martin-That's why we wanted to put that down here and align it wherever this future road would go. I don't think, again I've got to get the study to confirm this that this intersection would need to signalize. There will have to be enough room in there for traffic to get in and out of this road through the new intersection. There wouldn't need to be a need for a signal. Mr. Saunders-I've got to come down here and go back this way to go out now. How do I get down here there is no red light here. Executive Director, Mr. Martin showed Mr. Saunders how he would get out of his road by showing him on the map that was presented. Supervisor Brandt-Anyone else? Brad Patch-Greenway North. What I've been hearing you people say tonight you want to vote for Red Lobster on a zone change to put a building in there that has no way to get in or out. You want to put a road in give them an okay to build it now. You can't get anymore road cuts on two fifty four, how are they going to get in or out? Councilman Caimano- That's what we're waiting to hear this week. Mr. Patch-The way you design it here you have no way for them to use their design to hook onto it. If the road is not there they can't hook onto it. Your going to give them an okay to put up a building that nobody can get to. Supervisor Brandt-We're not going to do that. Mr. Patch-That's what it looks like. Supervisor Brandt-We asked them if they could change their design to fit our needs. That's what our discussion was this afternoon that had to be detailed. Anyone else? Royce Boynton-I live on Birch Lane bordering Mr. Wood's property. I would say 256 feet of it along the western edge of it. First of all, if he's going to move that property down or down that way there is not enough room in my opinion to put a buffer zone in there. It was a 75 foot buffer zone before and now it's going down to 50 feet. You said you walked that woods today... Supervisor Brandt-We walked part of it we did not walk the area your talking about. Mr. Boynton-If you look off my back property you can the traffic right up by Stewarts now that's how much the woods are. There are no woods to speak of except for mature woods. Also, in a meeting Mr. Martin here a week, week and a half ago a young lady, I can't remember her exact title.... Executive Director, Mr. Martin-Joanna Brunso. Mr. Boynton-But, she said there would be no more curb cuts into two fifty four or the Aviation Road the state will not allow them. How is he going to get into the Red Lobster if there is no curb cuts? Supervisor Brandt -His original proposal, I think was as I remember it was to come in off of Greenway North. Mr. Boynton-The last one he had is a curb cut going in near the eastern edge of his property. But, there are no more road cuts.... Supervisor Brandt-I think there were two proposals that we're brought to us. The original one was to come off of Greenway North and then because people said there wouldn't be enough stacking distance on two fifty four they suggested a design with an entrance moving further down with a curb cut if that's doable that's not doable. One of the things we asked them would they look at re-configuring that site to make it fit. We haven't had a chance to really look at that it's up to them. Are they willing to do that they said they were willing to look at that. Mr. Boynton-In otherwords their main entrance is going to be on that new proposed by-pass basically. Supervisor Brandt-That's correct. Councilman Monahan-But, until that by-pass is built how are they getting in and out? Supervisor Brandt-That's the question can you make an entrance that will superimpose on what's going to be built. That's a question that I think we have to try and resolve this week. Mr. Patch-You said three years down the line. Why can't they come back in three years? Let's vote on it then. Supervisor Brandt -You can do that, but don't kid yourself you also lose an opportunity to have a willing seller give you the property for what your trying to do. That's certainly a choice the Town can make. Anyone else that would like to speak? David Strainer-The proposed green road here is this fact or fiction? Are we going to go through with this? Definitely your going to do this? Councilman Caimano- That's what we're going to try and figure out during this next week. Mr. Strainer-The proposal that is on the floor right now that we voted on is the one on the picture here. Not the one to move it down to fit that road in am I correct? Supervisor Brandt-What we're asking the applicant would he alter it to fix the design that's being generated by our engineers for the Town. Councilman Caimano-Ifwe voted tonight or if we don't have any changes within the next week then the project that's on the table as you see it now what I'll be voting on anyway.... Mr. Strainer-This one here. Then there is no green road.... Councilman Caimano- That's what we're going to find out this week. Mr. Strainer-Now, I also have another question. You take that green road and you go north where it's all zoned residential what's to stop it from being zoned commercial? As we can see this is zoned residential and we're here right now to change it to commercial what's to stop that in the future? Supervisor Brandt-I think it's deed restricted. Mr. Strainer-So is that piece of property it's the same deed. You keep telling us the bridge is in 97 . Your putting the cart before the horse if you continue to develop and not have a way to move the traffic before you start the development. It's kind of down the road further is what your designing here going to be able to fit into it. Is it going to be able to move the traffic or in another five or six years are we going to have the same problems that we have right now and we're going to be looking for other places to put other roads. To me your looking at the long term, but right now we're voting on the short term. Supervisor Brandt-We're all limited we can look as far as we can see and that's as far as we can see. Mr. Strainer-But, are you trying to make it better or worse? Councilman Caimano-Obviously we're trying to make it better. Mr. Strainer-Then you've got to look down the road a little further than tonight, I'm sorry. Councilman Caimano-One of the things that Mr. Strainer says that keeps banging me in the head is the fact that we keep getting hit with the fact that people are going to go to Wilton that's where it's all developing. But, the fact of the matter is Wilton blossomed after they made Exit 15 a four lane bridge that was done first the infrastructure was built first. Councilman Monahan-I think the developers down there had to take some personnel commitment on improving those roads themselves they were not the commitment of the Town. Councilman Goetz-That's why I was surprised when the Aviation Mall addition was proposed that something wasn't done along those lines, was that ever discussed? Unknown-That was another board. Councilman Goetz-I know it was another board. Supervisor Brandt-It's a problem that we're facing isn't it. If someone comes in from Aviation Mall tomorrow and says, we have a new store that wants to build 20,000 square feet or whatever it is there of what's been approved should we put a moratorium and say, no we're not allowing that? Should we do it then Town wide it all affects it? That maybe what you think is the answer, I don't, I don't buy that as an answer. I think that we have responsibility to the whole community here. I think we're trying to show responsibility to the neighborhood as well as the community it's a balancing. There is no simple answer, no answer to that's going to fit everybody there is no question of that. Does that mean we shouldn't come up with an answer and try, I don't think so. I think we've got a responsibility where the last board just look away from the problem we can't walk away and do that. I think it's our obligation to face it and do something. Councilman Goetz-I have a question. Could Mr. Lemery address Mr. Strainer's point about deed covenants. Is there a deed covenant on that property? Attorney Lemery-There are no restrictions regarding this parcel making it single family residence other than the way it's zoned. Unknown-What about the old Ball house? Supervisor Brandt-Do you know the answer to that? Attorney Lemery-I know where you mean. It was on the other side of old Aviation Road. Supervisor Brandt-For my sake where is it? That is now owned by Mr. Wood, correct? Unknown-That's not subject to restrictive zoning. That would just be buffer anyway. Supervisor Brandt-Any other questions or comments? Attorney Lemery-I would just like to point out to answer Dave Strainer's question about moving the site. This is not site plan review so that's why we do have some flexibility..... Supervisor Brandt -Any other comments? So, we're going to reconvene here Tuesday at five o'clock. Meanwhile we'll see if we can work out some of these problems. Thank you very much. Attorney Schachner-I thought you were going to address my procedural question. Supervisor Brandt -Go ahead. Attorney Schachner-I just need some understanding what it is we're reconvening. In otherwords there are a lot of moving targets. You all admit there are a lot of moving target eliminate to this. What I need to know this is the first I hear for example that now the application as I understand it is, I think Ms. Goetz mentioned this the application is now for rezoning to plaza commercial not highway commercial. Supervisor Brandt-My understanding was that the Town Board said that if we rezone it we would put restrictions on it which would parallel, I guess the plaza commercial class. But, that is up to the board to do and I would assume that would be part of their resolution. There has been certainly a consensus on the board that has said that in the past. Attorney Schachner-Right about restrictions. But, the application is still for highway commercial? Supervisor Brandt -Yes. Attorney Schachner-The other question I have is that we heard about modification of the site plan or modification of the structural plan are we back in the public hearing mode next Tuesday, where are we in the process? Supervisor Brandt-What I hope to do is find out if we can accommodate this road that we're proposing with the site plan. If we are then I would assume it would come to a vote of the board. Attorney Schachner-On the rezoning to highway commercial? Councilman Caimano-On the rezoning. Supervisor Brandt-That will be next Tuesday. Attorney Schachner-I have not heard any of this until tonight as I think is true of most people. Councilman Caimano-And some of us. Attorney Schachner-Some of you only heard stuff today. I have a whole series of comments which in my opinion would be more appropriate to wait until next Tuesday, do you agree with that? Supervisor Brandt-I don't know why would I agree with that, I don't know what your comments are? Attorney Schachner-No matter what they are your not going to vote tonight. I'm saying why take more of your time tonight. Your going to gather more information between now and next Tuesday. As long as you can tell me I can speak next Tuesday is what I'm saying I'll shut up now. Supervisor Brandt -You can speak next Tuesday, but if you have comments that we can research and find information on then we would appreciate them early rather than late. Attorney Schachner-I don't think they are question along those lines. Supervisor Brandt-If you have comments or questions between now and next Tuesday your welcome to send them to us and we'll work on them. Attorney Schachner-I don't they are any factual questions for now. Thank you, and thanks for letting our folks speak, too. FIVE MINUTES RECESS RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 442, 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 approves the minutes of July 12th, 19th, and 22nd, 1993. Duly adopted this 9th day of August, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 443, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, said requests have been approved by the Chief Fiscal Officer, WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1993 budget: WASTE WATER: FROM: TO: 032-8120-4400 032-9795-7095 (Quaker Rd. Contractual) (Quaker Rd. Interfund Loan Interest) $ 1,682.00 032-8120-4400 032-8110-4400 (Quaker Rd. Contractual) (Quaker Rd. Contractual Administration) $ 12.00 032-8120-4400 032-1930-4400 (Quaker Rd. Contractual) (Judgments & Claims) $ 750.00 BUILDING & GROUNDS: FROM: TO: 001-1620-4026-0000 (Grounds Contractual) $ 250.00 001-1620-4400-0024 (Misc. Contractual) and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION RE-ADOPTING RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY CLAUDE C. CHARLEBOIS (APPLICANT - ZAREMBA GROUP, INC.) FROM LI-IA, PC-lA, HC-15, AND HI-3A TO PC-IA RESOLUTION NO. 444, 93 INTRODUCED BY: Mr. Nick Caimano AMOUNT: AMOUNT: WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Zaremba Group, Inc. petitioned the Town Board of the Town of Queensbury for a zoning change of the property owned by Mr. Claude C. Charlebois (Town of Queensbury Tax Map No.s: 110-1-2.1,110-1-21,110-1-22 and 11-1-30) from the current zoning ofLI-IA (Light Industry - 1 Acre), PC-IA (Plaza Commercial- 1 Acre), HC-15 (Highway Commercial- 15,000 Square Feet), and HI-3A (Heavy Industry - 3 Acres) to PC-IA (Plaza Commercial- 1 Acre), and WHEREAS, on the 20th day of April, 1993, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board initially did not take action on said petition, and later, on July 14th, voted to recommend approval with the conditions that any proposed traffic mitigation efforts should be done at the suggestion and concurrence with the County's Highway Superintendent, Fred Austin and that the zone change relate specifically to the K-Mart project, and WHEREAS, a public hearing was held on this matter on May 24, 1993, and WHEREAS, the Town Board of the Town of Queensbury made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury considered the conditions and circumstances of the areas to be rezoned and approved the rezoning on June 7, 1993, at a time when it was believed that the time in which Warren County Planning Board could act had expired, and WHEREAS, the Town Attorney has advised the Town Board that, in view of the Warren County Planning Board's July 14, 1993 action, the Town Board should reconsider and, if it desires, re-adopt the rezoning resolution to avoid possible procedural challenges relative to the timing of the earlier Town Board resolution, although the Town Attorney also advises that he feels the Town Board did proceed correctly at the time of the original adoption of the rezoning resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby notes that traffic matters and mitigation, if any, are to be addressed by the Planning Board as part of the separate site plan review that is necessary, and BE IT FURTHER, RESOLVED, that the following resolution be re-adopted: RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Mr. Claude C. Charlebois (Applicant - Zaremba Group, Inc.), Town of Queensbury Tax Map No.s: 110-1-2.1, 110-1-21, 110-1-22 and 110-1-30 to PC-IA (Plaza Commercial- 1 Acre), thereby authorizing all uses permitted under Section 179-22 of the Code of the Town of Queensbury in such area, 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 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 copies of this resolution and the aforesaid notice shall be circulated to the various agencies and departments as may be required by law or regulation. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: Mrs. Monahan ABSENT:None Councilman Monahan-No, because I am consistent with my first no vote where I don't feel we should be using light industrial land for commercial when we have other areas in Town that commercial can go to. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING FENCES RESOLUTION NO.: 445, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury Planning Department has been made aware of a recurring problem regarding the placement of fences on corner lots and in front and side yards, and has proposed a suggested Zoning Ordinance revision to address the problem, and WHEREAS, a proposed Local Law amending the Code of the Town of Queensbury ~ 179-74 as aforedescribed is presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury desires to consider and adopt the proposed amendment which more specifically, amends ~ 179-74 of the Code of the Town of Queensbury entitled, "Zoning" to modify the height restrictions for fences set forth in said ~ 179-74, and WHEREAS, in order to so amend, supplement, change, or modify ~ 179-74 of the Code of the Town of Queensbury, it is necessary, pursuant to Town Law ~265, Municipal Home Rule Law, and the Town of Queensbury Code to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to, a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance as more specifically set forth in the proposed Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on August 23rd, 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 Executive Director is also hereby authorized and directed to sent 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 ~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 proposed action to revise the Zoning Ordinance as set forth herein is determined to be a Type I Action under SEQRA and the Executive Director is directed to send a copy of this resolution, the proposed Local Law, and Part I of the Environmental Assessment Form, to any agencies that may be involved for SEQRA purposed, and indicate that the Town Board desires to be lead agent 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 Town of Queensbury Planning Board and the Adirondack Park Agency. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Councilman Monahan-Noted that the illustration should be corrected. Page 2, #3, architectural front yard and the front yard both require that five foot side back, noting this should be more clearly written. After further discussion it was the decision of the Board to strike #3 and #5. RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 446, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt 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: COMMUNITY DEVELOPMENT/RESEARCH: FROM: TO: AMOUNT: 001-1990-4400 (Contingency Account) 001-8030-4400 (Research Account) $ 6,100.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION APPOINTING DOG CONTROL OFFICER RESOLUTION NO.: 447, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, there has heretofore been established the position of Dog Control Officer in the Town of Queensbury, and WHEREAS, the person occupying the position of Dog Control Officer has retired and therefore, the position is vacant, and WHEREAS, the Town Board of the Town of Queensbury is working towards creating a new position to be known as Animal Control OfficerlZoning Enforcement Officer, but desires to appoint a person to the position of Dog Control Officer, temporarily, while all proceedings and other steps necessary to establish the new position are completed, NOW, THEREFORE, BE IT RESOLVED, that Ms. Colleen Kimble is hereby appointed to the position of Dog Control Officer, on a temporary basis, as such term is commonly known and referred to in the Civil Service Law Rules & Regulations, at an annual salary of $19,000.00, with benefits, to be paid proportionately as earned on a weekly basis, and BE IT FURTHER, RESOLVED, that the position shall be paid for from the appropriate budgeted account in the General Fund of the Town of Queensbury. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Councilman Monahan-Questioned if the Dog Control Officer would be on call 24 hours a day due to the recent problems arising in the Town. Executive Director, Mr. Martin-Noted this is something he would like to discuss with the Board once she starts her position. Councilman Monahan-Asked Mr. Martin to make public a number to be published that people could use off hours to contact the Dog Control Officer. Town Board Members thanked Charlie Warner, Glens Falls Dog Control Officer for helping out the Town. RESOLUTION CLARIFYING AND REESTABLISHING, AS NECESSARY, THOSE PORTIONS OF THE TOWN HIGHWAY SYSTEM TO BE NAMED GENEVA DRIVE AND RALPH ROAD RESOLUTION NO. 448, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, there exists, a part of the Town of Queensbury highway system, roads known or identified as Geneva Drive and Ralph Road, and WHEREAS, Geneva Drive was recently accepted by the Town of Queensbury as a Town highway after an offer of dedication; such acceptance being made by Resolution No. 406, 1993, and WHEREAS, at the time of dedication, Geneva Drive was described as a road, a portion of which traveled in a westerly direction and a portion of which traveled in a southerly direction to meet Ralph Road and then a short section of Ralph Road traveled to Eisenhower Avenue, and WHEREAS, the Town Board is desirous of naming the highways and identifying the same, such that Ralph Road travels the full length of the distance between where Eisenhower runs from a westerly to easterly direction and Geneva Drive runs from a westerly to easterly direction, such that no part of Geneva Drive extends in a southerly direction and no part of Eisenhower Avenue extends in a northerly direction in the vicinity of Ralph Road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury determines that the highway system of the Town of Queensbury be and hereby is amended as follows: That the highway (or a portion thereof) known as (or to be known as) Geneva Drive and by No. 492, shall begin at the dead-end and continue in a westerly direction, a distance of 560 feet and .10 hundredths of a mile and end at the cul-de-sac, and all other resolutions of the Town of Queensbury indicating anything to the contrary shall be deemed to be superseded and amended by this resolution, and BE IT FURTHER RESOLVED, that the highway (or a portion thereof) known as (to be known as) Ralph Road and by No. 493, shall begin at Eisenhower Avenue and continue in a northerly direction, a distance of 350 feet and .06 hundredths of a mile and end at Geneva Drive, and all otherresolutions of the Town of Queensbury indicating anything to the contrary shall be deemed to be superseded and amended by this resolution, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the New York State Department of Public Works and proper officials, together with a hand drawn map, drawn either by the Town Clerk or a member of the Highway Department, showing the exact location of the limits of such highway. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None ATTORNEY MATTERS Attorney Dusek-Spoke to the Board regarding the Route 9, Sewer District Extension and the other extension district being proposed to the Technical Park. Noted that the Board adopted a resolution last week to set a public hearing for next week on Route 9, will soon be getting the Queensbury Technical Park resolution. Have had some discussion on how the sewer districts would be set up. Noted one of the issues is because the developer is the one that wants the district the Town has a contract format in which it will require the developer to pay for the district expenses that he is bringing upon the district because of the project. Have a lengthy agreement which basically provides for the escrowing of funds in advance to make sure that the facilities can be built out. Also, it provides for inspections and indemnifications and all kinds of protection's. One of the elements of the agreement also provides for a surcharge on the escrow funds that are a part of the money that's hung onto by the Town. The developer is expected to put in all of the cash up front that's needed to do the improvement. Then as he makes the improvements he applies to the Town for the release of funds. The Town will release those always maintaining a protection so it's sure that the district will get completed. As part of the agreement it says that .005 percent of the escrow amount will be paid out as a service charge to the Town. The developer has objected to the paying of a service charge. Asked the Board in the case of hanging onto escrow that the developer is putting in a district and he has an agreement do you want to charge him for hanging on to the money or not? Councilman Monahan-Noted that he is being charged for the paperwork that it takes to be disbursed. It was noted that the Board was in agreement. Attorney Dusek-Spoke to the Board regarding a question on the same agreement. The Town is requiring the escrow of funds. The developer would like to know if the Town Board would entertain a letter of credit or bonding instead of cash funds. It was the decision of the Town Board to require cash from the developer. PROPOSED CHANGES REGARDING BED & BREAKFAST Executive Director, Mr. Martin-Noted he has received phone calls from a few people regarding the way the Ordinance currently deals with Bed & Breakfast's. Has received information from several people in the Town who have these establishments. This is an attempt to provide a better definition to what a Bed & Breakfast facility is by establishing different levels of types tied to the intensity of the use. Type I: Would be somewhat of a lesser intensity at a private residence accepting guest to a limited number of nights with up to four rooms. Offering breakfast and lodging for compensation and it's clearly secondary of the occupancy of the dwelling by the family who owns it. Type II: Greater intensity up to twenty four rooms more like an actual Inn. Would offer three meals a day to guest only. Type III: A Country Inn and offering a restaurant opened to the public. Noted that right now the Ordinance only has the one definition. The types proposed would be allowed in certain zones within the Town. Carolyn Rudolph-Spoke to the Board noting that she has worked on this with Mr. Martin and by putting this into the Ordinance it would make it simpler and clarify this matter. Councilman Tucker-Questioned if the Board could legally restrict the size of Bed & Breakfast's. Attorney Dusek -You could restrict the size of a facility of that nature in whatever zone you want to put it in. Noted you should have some criteria or review to be made that they could possibly qualify bigger than what is put forth here. Councilman Caimano-Asked Attorney Dusek to look into this and get back to the Board. John Salvador-Believes the Board should familiarize themselves with other governmental agencies that regulate businesses like Bed & Breakfast's. Eleanor Ouderkerk-Noted that the Bed and Breakfast is a private residence. The Health Department regulations are that as long as we do not exceed nine guests in a private home then we do not fall under the purview under the Health Department, has been checked out. It was the decision of the Town Board to have the Town Attorney and Planning Department work on this. DISCUSSION HELD Executive Director, Mr. Martin-Presented the Board with the following letter. Read into the record as follows: August 9, 1993 Dear Members of the Town Board: It has come to my attention that there are rumors circulating to the effect that I have a financial interest in my former employer, Shelter Planning and Development, Inc. This obviously creates concerns as to a potential conflict of interest since I have recommended that Shelter Planning prepare the FY'93 Small Cities application on behalf of the Town. My response to such a rumor is to react directly and professionally. Therefore, I will state simply: I do not have any ties, financial or otherwise, to Shelter Planning and Development, Inc. I am neither a partner or part owner in the firm, or any thing of the kind. I would hope that you who know me as an individual, a former member and chairman of the Planning Board and as employee of this Town realize that I value my integrity and honesty with the highest regard. I fail to understand the motivation behind an individual or individuals who would start and contribute to the spread of such a rumor and I will not dwell on it any further. However, in the future I would hope that you respect me enough to ask me directly, as soon as you hear of any allegations made regarding my personal and professional integrity. In closing let me state that my sole interest is to come to work every day and conduct my duties in an effective, professional and ethical manner. Sincerely, James Martin COMMUNICATIONS Letter to Town Board from Pete Brault regarding Chinmey Repair. Requested that the Board pass a resolution to repair the Town Office Building Chinmey. RESOLUTION APPROVING CHIMNEY REPAIR TOWN OFFICE BUILDING RESOLUTION NO. 449, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Building and Grounds Supervisor has advised the Town Board that the Town Office Building Chinmey is in bad shape and in need of repair, and WHEREAS, the Building and Grounds Supervisor has requested three proposals and after two weeks has received only two, and WHEREAS, after giving due consideration to the proposals solicited by the Building and Grounds Supervisor and also the manner in which he sought to obtain proposals, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby awards the work of repairing the Town Office Building Chinmey to Warm Wood Stove and Heating Company Inc., in an amount not to exceed $1,922.00, such amount to be paid for from the appropriate budgeted account of the Building and Grounds Department, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to take such action as may be necessary to execute any agreements required to have the work performed as soon as possible. Duly adopted this 9th day of August, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None DISCUSSION LANDFILL Supervisor Brandt-Presented Board members with letter he received. Has spoken with Dick Morse, engineer for the landfill. Noted they have depleted the amount of money allocated for the landfill closure account. This assumes that we could go to construction on the first cell this fall, no approval as of yet from DEe. It may not be advantageous to go to bid in which case would have to bid in the Spring. The cost instead of $40,000 would go down considerably. Noted he wanted the Board members to start thinking about this. Has done a lot of engineering work and proposed it to DEC which they rejected it, noting couldn't use paper mill sludge as liner system, had to resubmit with new design. Have used up more engineering than was anticipated when first entered into this. Supervisor Brandt to have resolution prepared for the next meeting. DISCUSSION HELD Councilman Caimano-Spoke to the Board regarding letter received from Beverly and Raymond Lockhart regarding the opening of a group home on Sweet Road. Questioned if anyone has responded to this letter. Councilman Goetz-The letters are from the clients of the Lockhart's State Registered Daycare Center. Noted that specifically they haven't been, noting Mr. Charles McNulty has received copies of letters. Has to speak with Mr. McNulty to see if he has responded. Supervisor Brandt -Stated there were allegations that someone claimed to have inside information, doesn't know anything about that, but that certain clients were coming to this place from Wilton who would not be fit to be next to children in this setting, noted he doesn't know if this is true or not. Have passed these concerns on through Mr. McNulty to the people at Wilton. The Administration at Wilton said they would look at changing the cliental if there was a problem and they would work together with the neighbors, noting they seemed not willing to change the home. Councilman Goetz-Spoke to Board members regarding background information on this matter, noted that she will come back to the Board with an update. Councilman Tucker-Spoke to Board members regarding a major drainage problem at the entrance of Homestead Trailer Park. Noted the Highway Department has done work at the site, but haven't solved the problem. Requested that the Town do some engineering work to see if this problem could be solved. Supervisor Brandt-Noted that Rist Frost has done work for the Town before, asked Board members if they wanted to go ahead and hire them? After further discussion it was the decision to have the Highway Department asked for quotes for this project. Attorney Dusek-Spoke to the Board regarding a drainage problem in the Hidden Hills Subdivision. Noted that the Board may want to consider this also, only need a brief sketching to send to DOT to get permission to use their right-a-way. Supervisor Brandt-Recommended combining the two drainage problems and try and get some proposals. Councilman Tucker-Noted the drainage problem in Hidden Hills is a retention pond out in a middle of a field where the water can't go anyway. The thought is to hook into the drainage along the Northway. Noted Leon Steves has done work on this and has designed it to the pond. Questioned if Leon Steves should be contacted to find out what the charge would be to finish this. It was the decision of the Town Board to get proposals for the two drainage problems. OPEN FORUM Barbara Bennett-83 Dixon Road. Noted that she lives in Queensbury, pays Queensbury property taxes, but is in the Glens Falls School District. The Town has the Queensbury School Board that collects taxes for the school district. Stated that the Town Board should not be using any taxes from anyone in her district for anything that has to do with Queensbury School. Requested if this was to happen then the people in her district should get a refund on their taxes. Supervisor Brandt-Noted the Town is aware of this and doesn't think that the Town gets into that. John Salvador-Questioned if the Town staff could handle the drainage problems. Supervisor Brandt-Noted that the Town doesn't have staff that can do that today. Mr. Salvador-Questioned the difference between Dog Control Officer, Animal Control Officer. Attorney Dusek-Explained the problem under the law. The way the law is written the Agricultural and Markets Law of the State of New York and the Town of Queensbury's own Local Law provides for a Dog Control Officer, in fact the State of New York says you have to have a Dog Control Officer or be under an agreement with someone to have that done. The Agricultural Market Law is other places makes references to a person that might be called an Animal Control Officer, except that in some instances it requires the person to be a peace officer. The Town is interested in going to an Animal Control Officer to broaden the responsibility, noted the Town is in a process of drafting a local law which will do this. Has not heard that the Town wants to create a peace officer position. When the Animal Control Officer's position is created the functions will be very limited in terms of what is allowed under the Agricultural Markets Law and what's allowed under Municipal Home Rule Law. Noted the Town wants to create the proper position. Mr. Salvador-Noted his concerns for help in matters related to wild animals. Executive Director, Mr. Martin-Noted that his department could deal with this. Noted it is his recommendation for this to be taken to an Animal Control function. Mr. Salvador-Questioned if the Town has gone any further with their agreement with the Warren Washington Economic Development Corporation? Attorney Dusek -Not yet. Mr. Salvador-Asked that in the budget planning for next year that the Town refrain incorporating any monies that might fall into the category of tax revenues. Noted that the Lake George Park Commission is having a meeting Wednesday. Attorney Dusek-Is in the process of reviewing the Wastwater Agreement on the Modification of the proposal. Mr. Salvador-Asked for an update regarding DunlIam's Bay Road. Executive Director, Mr. Martin-Has called the County, spoke with Fred Austin. The County can't free up any staff or time regarding this matter. Mr. Salvador-Questioned instead of hiring an engineer for the drainage work to hire one for DunlIam's Bay Road. Attorney Dusek -Noted the all the work has been done up to this point. The only other step would be the Traffic Study to go to DOT and asked them to waive the part of the road. Recommended at the last meeting to the Town Board since there was no agreement among the parties to go ahead claim what you would feel is the Town right-a-way in that area and act accordingly. Mr. Salvador-Questioned if this could be done so he could get his driveway access permit? Supervisor Brandt-Noted that this could be done. Paul Daigle-16 Reservoir Drive, Queensbury. Spoke to the Board regarding water problems in his neighborhood. Stated a few years back met with Mr. Tucker and Attorney Dusek to see if the situation could be rectified. Money was allocated for an engineer to do the engineering study. The Highway Department came in did the work. Noted that the problem still exists and seems to be worse. Supervisor Brandt-Asked if there was an engineering solution that was correct or incorrect? Mr. Daigle-Noted his personal view from his engineering background it was incorrect. What was engineered and what the Highway Department used in the field are two different things. Supervisor Brand-Noted the Board could take a look at this to see what's there. RESOLUTION APPROVE AUDIT OF BILLS RESOLUTION NO. 450, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Audit of Bills appearing on abstract August 9, 1993 and numbering 932858000201 through 93302700 and totaling $121,356.87 is hereby approved, and BE IT FURTHER RESOLVED, that the following voucher's were pulled for explanation and review to be approved by the Supervisor. Vendor #2592 in the amount and Vendor #2341 in the amount of $2,795.00. Duly adopted this 9th day of August, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Abstain:Mr. Caimano #000127 Post Star RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 451, 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 from Regular Session and moves into Executive Session to discuss personnel matters. Duly adopted this 9th day of August, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: Noes Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury