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1990-08-20 SP 46 SPECIAL TOWN BOARD MFFTlNt,' AUGUST 20 , 1990 4 : 35 T) .m . TOWN BOARD MFMPER,c' PRE,'-)'FTN'J' Supervisor Stephen Bongos Councilman Gporue Kurosal ji. Councilman .Marilyn P,)ten7^1 C o ILI n c i I rTi a n Ronald. T I o i)t-e s7 i. Councilman Betty Monahan Town Attorney Paul D�,isek SUPERVISOR BORGOS--Opened i:he Meeting , "k,his is a Special Meeting called. to work in a workshop session to go through a proposed. resolution related to the rezoning of vropertv- otf the o r i n t h Road r e-I a t e,i s,i)e c J.f i c a 1. 1 y 4-() at t o j,11 a b I e' h o U- s i.7 1 as it is known in our local terminology . Just briefly , I would like to state at. the request of the Town Board Members we would Proceed. this evening as we did taie last time , this is not a vub I i c hear i n(x although i t ig an open public. meeting therefore we would not expect to have individuals in the audience stand up arid. make statements , or in this case sit down and make statements . We will however , possibly need. to call On One m()r e of yot-i to answer specific ui-lestions . We hope that you would ccloi)erate in that venture . Since we 1.cast-. met our Town Attorney has put together a resolution that he believes wollid. resolve the issues , I believe all the issues that have been raised in the past by members of the Town Board . We have not however- , obviously gotten together i-(-) discuss that and that is the purpose of this meeting . My thought is that we would ao through this resolution , Make whatever comments seem appropriate , if Board Members wish chancres we will disci-iss those , and it by consensl-i.s we can do that, we would do that here . If at the end we believe we have -a document that is appropriate , we can vote on that to either pass it or to defeat it . Historically what we do when we get into a situation like this is to start one paragraph at a time and. go through it and make sure everyone is satisfied. It maybe that Board Members have other requests things may not be in here that they wish to see in here and we will entertain those requests also . -So , I would recommend. that we start now, I would ask the Town Attorney first , to very briefly to explain to us how we (Tot tc) where we are and what may or may not have been included or left out and the reasons therefore . TOWN ATTORNEY DUSEK-Well , the first thing is , this resolution of course is an attempt to draft into resolution form all of the comments and concerns that the Board had expressed concerning this rezoning . ThiC resolution is of course a resolution to authorize rezoning as it would not be necessary to dratt i rP90lUti(D11 thai- woi-ijd. not authorize that because I think you could- do that right. from the floor , it that, was your desire . So , this resolution was done , was completed on that basis , this resolution was also delivered to you, it has nut been chan(.:.Te,J. since"e the time its been delivered to you as of Friday . So , what you saw Friday is the same thing that voll have before you. -today . Basically , what I tried to do is first (--)f all the number of whereas clauses that start off ii-i the be(jinni-na of the resolution was to recite what I beli.eire to be the history and concerns of the Town Board and. o-f course it the Town Board has anything that it feels it.. should be different or changed you should of course do so because this is really trying to reflect what your thinking is . This part of the resolution is not necessarily the legal controlling part of the resolution that changes the zoning or anything , but basically outlines what y,:)lir concerns were ari(ft what are some of the history to thiF, particular resolution. The main operative clauses of the resolution of course are the resolved clauses and it vnki notice the first resolve clause 4'7 -just basically indicates that you make a general determination that you feel that area is suitable for rezoning . Whereas , the second resolve clause is the one that actually changes the zoning from the current zoning to SR-20 . Then as part of that rezoning it attaches a number of conditions which to the best of my ability,. I tried to draft to hopefully obtain or get in here and address the concerns that the Board had raised . The theory behind the drafting of this resolution was to try to come up with various restrictions that would keep this property in the nature of an affordable housing type development . Therefore as you go through the particular clauses , I could probably give you a better explaination that there ' s , if there ' s any questions on any one of them. Probably the most significant addition to this also is the fact that one of the conditions provides for a declaration of covenants and restrictions , this was something that was added after much thought on my part. . The thoughts up here was I wanted to keep it a conditional rezoning but I also wanted to make sure that future property owners were aware of the type of restrictions were on this property . One argument could be of course the if it ' s in the zoning ordinance and everybody should be apprise of the zoning ordinance and we can enforce it that way but I thought as a very practical matter since some of these restrictions were rather unique that perhaps they should also be set forth in the declaration of covenants and restrictions so we ' re noticing people both ways . After that part of it, it simply recites that you have previously or that these declarations shall be filed at the time that they are drafted and created, they ' ll be identical to what ' s in the resolution so I didn' t feel it was necessary to actually have them drafted today . Also I thought that there may be some changes so it might be premature . Its then requested that the zoning map and the zoning ordinance be changed and modified and that this be added as a supplement to the zoning ordinance and that it also indicates that your resolution will not take effect until 10 days after the publication of the resolution as required under Town Law or upon the filing of the declaration of covenants and restrictions . This way you are assured that the thing gets recorded before the resolution takes effect and somebody relies upon something without having full notice . So this is an attempt to try to cover as many bases as I could.. Just very briefly as far as giving you some legal opinion as of sorts , this was drafted after consideration on my part of a number of court cases that have considered this area of conditional or contractual zoning. First of all I might say that the Court of Appeals in my opinion has no problem with conditional zoning per say and that is rezoning but then adding some conditions to it. I 've spoken to other Town Attorneys and have found that their communities are engaged in the same type of activity and they ' re not troubled by it .However Queensbury is a little unique in as much as I could not find any particular cases on point that address the issue of affordable housing and gearing a resolution in the fashion that I have towards the affordable housing issue . However I did find at least one court case that indicated that when it came to low income housing, even going so far and this is not low income housing, this is affordable housing, I realize that but the case I read dealt with low income housing , that the court there went even a little further and said that contractual zoning or contracts in some fashion relating to this type of housing may be supported . So after reading that case and after considering all the other cases and then after carefully reviewing the conditions and modifying them after I read the cases , I feel that what I have here is a legally defensible document and that although it does break new ground as far as I can tell in some respects especially the clauses that gear more towards affordable housing, I feel that I can make some legitimate arguments that will support this document . l SUPERVISOR BORGOS-Thank you. Is there any general questions 48 or comments from the Town Board members before we start a review of this document: COUNCILMAN MONTESI-Steve , I just have one and not so much the numbers as where Paul might have got them. Paul , on number 5 of the , not the whereas but the resolves , you talk about the sale prices and mortgages on at least one half of the dwelling units will be in the amounts that can be approved for families having annual incomes of. no greater than 100 percent of the median family income in the Town of Queensbury. Then you go on to say the balance no _greater than 120 percent . Why did we get so specific there and the only reason I ask is I was under the impression that whatever fund of money was available or sponsorship through — the State of New York, I mean its 750, 000 minus expenses , so there ' s a fund of money that will be apportioned to this . If all 30 people came in and they were under the median income , 100 percent under, they would all qualify . Are we saying by saying, half would be under and half would be up to 120 , are we saying that not everybody that is low, low income or median income is going to be granted this? ATTORNEY DUSEK-I think first of all the , maybe I should say this , the language first of all came actually from language that was proposed by Mr . Adams in a letter I believe to the Supervisor at one point or it might have been addressed to somebody -else but in any event it was a clause at one point Mr. Adams is indicating some types of language that he felt could be inserted to help provide security for the Town. So I grabbed that language and put it in here as well as adding a little bit of my own to it, mainly just the last sentence I guess , or a couple of sentences there , the last sentence and there is another sentence inside . But in any event I took that language and the main reason I incorporated that in was to me that language seemed to be some very strong language that went to the very heart of the affordable housing issue and seemed to really tie down the property. So I thought the Board might basically like that language . COUNCILMAN MONTESI-Okay . What ' s confusing me is that I realize that on the 22 acres there potentially could be 40 units , 10 of which are not part of , 10 homes are not part of the initial application for affordable housing through the State of New York, so we ' re dealing with 30 houses , but by putting this language in, what we ' re saying is that not all 30 of these houses could be or are we saying, correct me, 30 of these houses , half of them are going to go to people that are median, half of them can go to people up to 120 percent of the median. Why are we being so, why wouldn' t they all go to people in the 100 percent median? COUNCILMAN KUROSAKA-The key word is, the least it says . COUNCILMAN MONTESI-I know, I mean I 'm just asking, is it good for us to be that specific? Should it just be more open? ATTORNEY DUSEK-I think Mr . Adams may be able to explain the language better than I can, but I will say that the reason why I left it as it was , was my feeling was that taking into consideration that may or may not obtain their funding, I felt they probably wanted to have some leeway to have a little bit higher price housing in the development which would mean that you'd have annual incomes no greater than 120 percent which was giving them their cap. Then when I saw that, I think if I understand the way it ' s written correctly and this is the way I interpreted it, that the . . . COUNCILMAN MONTESI-But without the funding, nobody in an median income could buy an 80, 000 dollars house . I mean the key is if you have the funding than this works wonderful . If you don' t have the funding, then you thow this out the window because it doesn' t mean anything. Mr. Adams or Homefront or whoever has to sell these houses at full retail 49 value or full value which we presume would be somewhere between 75 and 85 thousand dollars . That is the only thing I'm questioning is , this is perfect if we get, the' affordable housing subsidy. If we don' t , I d.on' t. know What it means then. SUPERVISOR BORGOS-Would you like Mr. Adams to address that? MR. ADAMS-Yes , well , you get right on the single most profound question in the entire resolution I know of . Mr. Dusek is correctly just fine, describe why this kind of language was proposed and that is truly the definition of affordable housing is in the size of the mortgage of a house . You can have a half billion dollar house presumably but if the mortgage was only 500 dollars a month, you could conceivably have an affordable house . The JAPANESE are doing it everyday with 99 year mortgages . So the way this language was drafted was with a certain amount of guilt or ignorance . That is , we don' t know for sure precisely what kind of funding may be made available or even if, as you questioned. We can stay in the chow line with New York State Affordable Housing Corporation. As, of this moment, we are on the funding agenda for the September Board meeting, the first week in September and we ' re kind of there on a day to day basis depending on how the Town of Queensbury perceives this project and the actions that they take on it . The 100 percent of median half of the dwelling units being affordable to at least half of the dwelling units being affordable to those of 100 percent of median and the other half at least no more than a 120 percent of median, gives us we think enough flexability to work within the possible funding ranges that we think are feasible here . If the whole thing just washes out, nothing' s feasible, then okay, we don 't build affordable housing this year. We wait until next year and try something else again, we sit down with you and try and figure out what the Town of Queensbury really would like to do that may be feasible . But as of this particular paragraph, we think that even the 10 houses of the 40 which may not get subsidies or fundings or grants or infrastructure help or whatever from the State of New York, still can be construed within this 120 percent of median income . Also there ' s some possibility that a little of the grant monies that may be available on the first 30 houses, some of that may be rationed out a bit to apply to the other 10 houses . So we ' re trying to build in essentially as much flexability as we think properly defines affordable housing. When you start going to 150, 200 percent of median, we 're not talking about affordable housing, we 've got plenty of that . So what we 're trying to do here is define affordability in terms of the mortgage and what we think that this project can . . . SUPERVISOR BORGOS-Thank you. Any other general questions before we proceed, a paragraph at a time . Hearing no questions , lets take a look at the first whereas clause , is there any question or concern about that one , COUNCILMAN MONAHAN-Steve , I have just a map question, and I am looking at a map. . . Adams and Rich put in, it has two different maps with it , perhaps that they can help clarify that for me . We got 148-1-7 . 1 this map here, . . .then we have a map. . .are these two lots been re-absorbed back into that? MR. ADAMS-They would be totally. . .question and answer in our application here , this little house lot 3 . . . in the application really is under tax map lot designation 7 . 2 everything else is designated 7 . 2 but it turns out that the larger piece of land circled 4 and the two smaller pieces of land circled 1 and 2 are on three different deeds . All of those would be conveyed into this project . This is . . . COUNCILMAN MONAHAN-We are actually talking about three different tax map numbers . 50 MR. ADAMS-No , one tax map number but three different deeds . Those three tracks on the tax map . . . 7 . 1 COUNCILMAN MONAHAN-I wonder how comes that happens when . . . SUPERVISOR BORGOS-We checked this the other day and the number mentioned here is precisely the number that is in the Zoning Map Book, our regulations apply to that-'particular book, so the number is correct . ATTORNEY DUSEK-Maybe , that ' s . . . a part of the confusion at least in my initial review is to , came for the fact that in _ one instance you are looking at tax map and in another instance you are looking at our zoning map book. This matter has been handled to date through the zoning map book. The zoning map book does not show these two lots . So, that is what we are going by. COUNCILMAN MONAHAN-I wanted to make sure that we were being correct . COUNCILMAN MONTESI-A.re all the deeds . . . ATTORNEY DUSEK-I am not sure on that, but I know what we are looking at, when you say 148-7-1 you are looking at these two lots plus that parcel , as it shows on the zoning map book. COUNCILMAN MONAHAN-Then you feel that this description is correct . . . ATTORNEY DUSEK-That is correct , yes . SUPERVISOR BORGOS-Any other questions on paragraph one , paragraph two the second whereas clause . COUNCILMAN MONAHAN-Well , I am nit-picking but I do not really like the word encourage , I , it gives the wrong connotation to me and in this fact it sounds like maybe we are trying to weight the town that way . I think there is another word that I would like better than encourage . SUPERVISOR BORGOS-How about permit? COUNCILMAN MONAHAN-I think, perhaps . SUPERVISOR BORGOS-So we agree on permit . To further refine and revise zoning regulations to permit development of the same , anyone disagree with that? We are done with the second, paragraph number three, I have a concern the letters ly were left off the word previous and I think it would just read better, Whereas the previously stated goal , a sleight grammatical correction. Anyone have any other concern with that? COUNCILMAN MONAHAN-The correct title is not Queensbury Master Plan it is the Queensbury, Town of Queensbury Comprehensive Landuse Plan. ATTORNEY DUSEK-You are correct . COUNCILMAN MONAHAN-I have a little problem in saying its -- consistant with the Master Plan because the Master Plan definately mentions, in densities especially, this is before the affordable housing section, the densities especially on the west side of town would be determined in part by the lack of sewer facilities and the presence of high perk soils . What sewer facilities are installed for high perk soils is a major determination for density consideration should be given to raise the permitted density level since pollution of the water table is a_ primary concern and application of lawn and garden chemicals should still enfluence development patterns , and its creation of . . .my 51 point `is that we should recognize in here the fact that we instead of saying consistant with the Town of Queensbury Comprehensive Land Use Plan maybe compatable with it because we have mitigated the soils . You know we, have said that already in the Impact Statement I think we should follow our lanauaae throuah. SUPERVISOR BORGOS-I hear what you are saying,I think it would also be consistant. but I am not anxious to fight over the word in the respect that the goal we stated that we would like to have some affordable housing and the Master Plan as we refer to it doesn't say we ' re against affordable housing it just says if there is going to be some it should be with sewers . That has not been addressed specifically in this document . But_ , compatable , certainly is an acceptable word as far as I am concerned . How do other Board Members feel about that? COUNCILMAN MONAHAN-I think we have to go on and say , you know, that we have mitigated the high perk soils by the measurers that we have taken, or something towards . . . COUNCILMAN POTENZA-I am beginning to be a little concerned here, we are talking about a resolution of rezoning, I do not feel that it is the Town Board ' s responsibility to get involved with the septic and sewer system concerns . I know that we are all concerned about it and rightfully so, but on this particular resolution this resolution pertains to rezoning and I think if we are _going to get, we maybe getting a little bit too specific if we get that detailed. COUNCILMAN MONAHAN-As I said the other night, Lynn, I would not touch this rezoning with a ten foot pole if it weren' t for social needs and that is why I feel . . . I also talked to an Attorney about this , he told me to be very careful what we do here because of the things , the precedents that we could be starting and so on and so forth. SUPERVISOR BORGOS-I am sure that is why our Town Attorney has spent so much time on this project . COUNCILMAN MONAHAN-That ' s right, I just feel maybe we have to put a little bit more in there to protect us from future things coming down the pike , . .what is going to happen if I come in with an equivalent organization to Homefront and say I want a piece of property rezoned, so I do think that we have to be specific I do think we have to be very protective, or I think we are asking for, trouble . SUPERVISOR BORGOS-I think that ' s what this document in its entirety has done, we are looking still at some clause , I think what you are talking about is covered in the conditions of the approval at the end . COUNCILMAN MONAHAN-No I don' t because we are talking about we are following the Comprehensive Landuse Plan we are not following it, I mean they specifically say that, have not dealt with the question of affordable housing because it is complex and behind their scope , beyond their scope at that time and should have a committee to do it in the future, therefore I think we acknowledge this fact and say we realize within this plan and we feel we have met the conditions in there, their concerns by what we have done . I think in this case , I would not say g this in a regular rezoning but in this case I think we should be very specific if we are doing this to meet a social need . SUPERVISOR BORGOS-Would you want to continue it as part of the same sentence? COUNCILMAN MONAHAN-I think so , ves . SUPERVISOR BORGOS-So, Whereas the previously stated goal and desire would appear compatable with the Town of 52 QueensBury Comprehensive Landuse Plan and almost want to know if you want another Whereas'? And Whereas , we COUNCILMAN MONAHAN-we have recognized the problem, I do not know if that is the right word , Paul , of the high perk soils and feel that we have mitigated them by whatever? SUPERVISOR BORGOS-I will ask our Attorney if we need another Whereas? COUNCILMAN MONAHAN-If you read back the high perk soils are in here , are in the Master Plan . SUPERVISOR BORGOS-Right , and we have addressed it with the COUNCILMAN MONTESI-Whereas , we are aware of the high perk soils , that is all . COUNCILMAN MONAHAN- . .That is what the Master Plan says in it . . . but whether or not it is we still have to recognize the fact that . . . COUNCILMAN. MONTESI- . .Whereas and say that we recognize it we are aware of it and we have mitigated it . SUPERVISOR BORGOS-Whereas , the concern for fast perk soils have been addressed in tie document known as and refer to the seqra document? Would that be acceptable to our Attorney? ATTORNEY DUSEK-I am trying t.o make something here that would be satisfactory to the '3oard here . I think would address what the Board is indicating, and Whereas , the Town Board is aware of the issue of high perk soils in the information in the Landuse Plan and the same has been addressed in the previous SEQRA resolution adopted by the Town Board and will be further mitigated by the conditions set forth in this resolution. SUPERVISOR BORGOS-Is that agreeable with everyone'? (Board indicated agreement ,) SUPERVISOR BORGOS- How about the next Whereas clause? COUNCILMAN MONAHAN-I have a problem with encouraging, I do not even know if I want permitting there how about general and permanent zoning regulations to encompass affordable housing, as we did with the mobile home , or some word, I do not know if encompass is the right word even, I do not really like permitting in the area. SUPERVISOR BORGOS-Including"? ATTORNEY DUSEK-How about concerning affordable housing have not yet been developed? SUPERVISOR BORGOS-That is fair enough, anyone disagree? Was that it for that clause, Betty"? COUNCILMAN MONAHAN-Yes . SUPERVISOR BORGOS-We come to the bottom of that page we have another Whereas clause , any questions there? COUNCILMAN MONAHAN-I do not like that sentence , Paul . ATTORNEY DUSEK-Go ahead. COUNCILMAN MONAHAN-Would also not want to miss an opportunity to encourage the development of affordable 53 housing, in the Town of Queensbury, to me that sounds like , you know if I were a. Lawyer going to take this to court, I would say , ok you people said . . .what you did you were not going to miss this opportunity in anyway you could meet it you were going to do it . SUPERVISOR BORGOS--I would not int.repret it that way . COUNCILMAN POTENZA-I think you are taking a lot of things out of context, Betty . COUNCILMAN MONAHAN-I am sorry but I have seen Attorneys fight cases on a couple of three words and win them. COUNCILMAN POTENZA-I have not a problem with this Board encouraging affordable housing in the Town of Queensbury. COUNCILMAN MONAHAN-This Board is going to be in Court . . . COUNCILMAN POTENZA--I am a. Member of the Board so I will be right with you Betty . COUNCILMAN MONAHAN-No , I said, but I want something that I don ' t have to be concerned about in court . SUPERVISOR BORGOS-Let' s ask our Attorney again to look at his words ' and see if he is comfortable'? This Betty is different from the statement on the previous page where we talk about the document encouraging, this would be a philosophical position of the Board. COUNCILMAN MONAHAN-What we should be doing is we should be doing this for affordable housing we should not be doing this for a grant, there is a difference . COUNCILMAN POTENZA-It does not say anything anywhere about a grant . COUNCILMAN KUROSAKA-Yes , there is . COUNCILMAN MONAHAN-Yes there is . COUNCILMAN KUROSAKA-It says right in here . COUNCILMAN POTENZA-•Which page'? COUNCILMAN MONAHAN-It the grant is going to be the decisive factor we have not done a. good. iob in rezoning that is going to hold up in Court . SUPERVISOR BORGOS-That seems to make the difference in this particular case, this make the difference between affordable and non affordable . COUNCILMAN MONTESI-Your first whereas talks about hopefully securing a grant assistance and that is your first whereas . COUNCILMAN MONAHAN-I mean, do we even need that in there? If you add. anything? COUNCILMAN MONTESI-I think what we are saying here is that we really would like to do some general development and permanent regulations but to that end we haven't so, we are willing to address this , maybe we do not even need it . COUNCILMAN MONAHAN-I agree , I really do not like that. COUNCILMAN MONTESI-That would end the argument and lets not put it in then. SUPERVISOR BORGOS-What is our legal advice? Without giving away all your inner' most secrets that you save later for court . Would this be important for you in court in the future to have this '.clause? 54 Y COUNCILMAN MONAHAN-Or not to have it . ATTORNEY DUSEK-That is kind of hard to say, obviously. COUNCILMAN MONAHAN-I think maybe it is going to harm him instead of help him. COUNCILMAN MONTESI-Paul , at the end of the permanent regulations' the said Town Board would also like to encourge the development of affordable housing in the Town of Queensbury, how about that? Just take. . . COUNCILMAN MONAHAN-How about , whereas the Town Board of the Town of Queensbury would rather develop general and permanent regulations , the said Town Board recognizes that this is going to be a matter of months , this is not the proper english I am lust giving you an idea. We realize that a need exists now, so I -do not want to tie it into the grant, you know what I am trying to say? . . . .What I am trying to say is I do not want somebody to take us to Court and say you did not give a hoot about the rezoning all you did this, to do, is to grab the grant you did not worry about whether or not that was good rezoning. COUNCILMAN POTENZA-How can you see that in this sentence? COUNCILMAN MONAHAN-Because I can. ATTORNEY DUSEK-I think mayb,�, just to give the Board my thinking on this, this clause was inserted with the purpose of trying to isolate this pa,--tic.ilar case, I think one of the concerns the Board has expretisr.d is that you do not want to set a precedent and the though here was that the Board was indicating, well we 've got tc have general regulations, if I understood you correctly. COUNCILMAN MONAHAN-Yes . ATTORNEY DUSEK-That you would feel much more comfortable if you had that. COUNCILMAN MONAHAN-Yes . ATTORNEY DUSEK-But on the other hand I was getting the message from the Board, but this project is here and we wouldn't want our citizens to miss out on the project. So that' s what I kind of was trying to state this here because .once the regulations are developed then this type of case no longer qualifies for a legislative or rezoning . .. . that' s why I put it there . Certainly if there ' s other language that would make you feel more comfortable that would address the same thing, I could try to work COUNCILMAN MONAHAN-I just don' t like your, you know, I don't like the way it ' s worded to be honest with you. SUPERVISOR BORGOS-Any special words you propose? COUNCILMAN MONAHAN-Well , I have got to think about it. COUNCILMAN KUROSAKA-We do not want it too cumbersome . ATTORNEY DUSEK-What about if the said Town Board recognizes the need to rezone this particular parcel , you know as quickly as possible, needed. . COUNCILMAN MONAHAN-To make a small start towards the problem or something. ATTORNEY DUSEK-Something along that line , indicate what it is you want to do here . COUNCILMAN MONAHAI`-Maybe if you gave him a little while to 55 think about it, we can come back and do that . ATTORNEY DUSEK-Come back to that, sure . SUPERVISOR BORGOS-Okay, we ' ll return to this one . Next whereas clause, any concerns with that one? COUNCILMAN MONAHAN-I guess I don' t like the word promote in there again. SUPERVISOR BORGOS-How about permit? COUNCILMAN MONAHAN-Yes, I think . . . SUPERVISOR BORGOS-The word promote becomes permit. Anyone disagree with that? Is that it for that clause? COUNCILMAN MONAHAN-Yes , Steve because I think Paul has said this very good, would result in affordable housing being encouraged in various areas of the Town and not necessarily in one given zoning district because that' s what we tried to do with the Mobile Home Overlays and we 're being consistent. SUPERVISOR BORGOS-Okay, that' s what we are talking about here is a floating zone that could move . . . COUNCILMAN MONAHAN-Yes and this would be consistent with what we have done in the past. SUPERVISOR BORGOS-Yes . How about the next one? Any problems with that one? Okay. Ron, you had something? COUNCILMAN MONTESI-Well it probably is going to be compatible because its a cluster concept, its not . . . COUNCILMAN MONAHAN-It may not, that ' s going to be left up to the Planning Board and the . . . COUNCILMAN MONTESI-Well I mean, as is presented, what we 're looking at . . . SUPERVISOR BORGOS-Betty calls to mind the fact that this is the Town Board and there will be a Planning Board yet and their authorities will look . . . COUNCILMAN MONTESI-It looks like it ' s going to be harmonious and computable with the clustering. COUNCILMAN MONAHAN-But there are, I don' t know what the lots .are, I was going to look at a big map, there are some smaller lots in there . . . SUPERVISOR BORGOS-There are quite a few. COUNCILMAN MONTESI-You mean on Corinth Road? COUNCILMAN MONAHAN-Yes . I mean I 'm looking at one that' s 1 acre and 4. 2 and 1 . 32 . SUPERVISOR BORGOS-Just off the map there are many smaller. COUNCILMAN MONAHAN-Yes , well I know riding in that area that . . . COUNCILMAN KUROSAKA-There ' s alot of 14, 15 thousand square foot lots . COUNCILMAN MONAHAN-Yes . COUNCILMAN MONTESI-Can't argue with a 3 to 3 tie on that, the next whereas . SUPERVISOR BORGOS-You have no problem with that? That' s historic fact. How about the next one? Warren County has 56 approved this . COUNCILMAN MONTESI-Yes , that ' s facts . SUPERVISOR BORGOS-The next one, stating that we held a public hearing on July 23rd? COUNCILMAN MONAHAN-Again, I think we have to put kn, it says . the rezoning will have no significant environmental impact, I think we 've got to put in there the fact that we required mitigation action to check septic systems . SUPERVISOR BORGOS-I don't know, we ' ll have to wait for our — Attorney for a minute to see if we can say that because the bottom line the other night said there would be none based on what is in that document . I do not know if we can say that there is . . . COUNCILMAN MONAHAN-Yes , but we did put that mitigation within that document . SUPERVISOR BORGOS-I do not know, lets wait until Paul finishes . . .we are looking at this one now, wondering if we need to talk about the mitigation measurers again? ATTORNEY DUSEK-I think you could mention it, it has been mentioned in other places so if you wanted to mention it there . COUNCILMAN MONAHAN-I think, it just shows that we were doing our jobs . SUPERVISOR BORGOS-Do you want to put, will have no significant environmental impact as evidenced in the document known as such and such. COUNCILMAN MONAHAN-But I think you would say if proper mitigation action for septic systems . . — SUPERVISOR BORGOS-That is included in that so I would just reference that document rather than restate everything. ATTORNEY DUSEK-Actually, as I look at that clause I think that the reason why that was put in there was just to recite the accomplishment of SEQRA I do not know if it is really necessary to put the mitigation in there as I now, looking at that again. You have addressed it in other places and this is just an acknowledgement that you did the SEQRA part of this, that is why I usually put that in. So, I think my recommendation maybe just to . . . SUPERVISOR BORGOS-Leave it where it was? ATTORNEY DUSEK-Yes . SUPERVISOR BORGOS-Anyone disagree? Paul do you want to go back to the other top of the page? ATTORNEY DUSEK-I am still working on that. SUPERVISOR BORGOS-Ok, so the last at the bottom of this page, this says we have considered it, no problem with that. Now, therefore be it Resolved, goes to page 4 any concerns in the first paragraph? Any concerns with that one, none . Be it further Resolved, next clause, anything? Now we go into the conditions themselves . Condition number one, any question about this? COUNCILMAN MONAHAN-Yes . I feel that the whole clause takes away all the power of the ZBA and the Planning Board and we should not have it in there . SUPERVISOR BORGOS-I "spoke to the Attorney about this, and he indicated that was placed in here so that the Board could 5'7 have the kind of assurance and control that you were looking for as far as making sure the development was exactly as it was protrayed to be . If you take it out I „am sure the developer won't object . I \ COUNCILMAN MONAHAN-My feeling is , you know the Planning Board that is their duty given to them by law they may look at this plan in much greater detail than we did and find some flaws iA it and some changes they want to make and also I understand that for clustering I believe and Mr . Adams can correct me if I am wrong that these lots are a little over six thousand square feet and I also believe that in our ordinance Paul , correct me again if I am wrong the minimum size for clustering in SR-20 is 10, 000 sq. feet, that is in our ordinance . ATTORNEY DUSEK-Perhaps I could explain that the reason why this was inserted was this,. that I understood that the project was to be clustered that although you went with a R-20 zoning it was not the Board' s intention to have several , all the lots simply divided up into R-20 because this would defeat your mitigation plans as well as the over all goals of the project to cut down intrastructure costs and other items, therefore when I drafted this , I looked at it from two perspectives, I said, one from the SEQRA perspective which the Board had previously addressed, this continues to down the mitigation path, the second thing is it continues down the infrastructure path to keep the cost of the project low and the third thing it does is that it forces the project to have small lots which my assumption is and this is not necessarily a correct assumption I realize this but my assumption is that if you can keep the lots small you can probably. keep the value of the lots as well as the opening price of the houses lower. So, that was the reason why this was still in here, otherwise they do not have to cluster they can simply go through and develop R-20 lots which I did not think was the boards desire . COUNCILMAN MONAHAN-It probably isn't but as I said I think you know, knowing the Planning Board and the Zoning Board, the Zoning Board is going to have to give variances we are almost forcing them to give the variances if you leave this in. I maybe off by five or six feet I do not know because I have not seen any detailed plans but my feeling is when they look in detail in this , you know, I think we could put in here that we would encourage clustering but I do not think that we should put in that it should be because, as I said then we tie the hands of those two boards that are really going into , this and look into it in detail , and they are going to become strictly a rubber stamp type of process . ATTORNEY DUSEK-What if, maybe the problem is coming from the fact that I sighted specific acreage? What if you simply say that is has to be clustering but that is it. COUNCILMAN MONTESI-Well , that is what I am concerned with, I certainly understand that in order to keep the cost to a minimum for infrastruture you do have to cluster. I think it is a general statement in accordance with the clustering provision, I do not think on 22 acres that you could, you could put this development without clustering. The problem I have is that when you say specifically 12 acres, going to the Planning Board is like going to a jury. We think it is a great idea some of us like what we saw that Mr. Adams presented in open space but saying 12 acres we lock him into it. If you said anything you might say 10 . COUNCILMAN MONAHAN-I do not think we should be so specific . COUNCILMAN MONTESI-But, saying that acreage ties them up, they are going to try and work that clustering to that point and that maybe to their detriment and it might hurt, the Planning Board might say well , good you guys are doing all the work on this thing go ahead. SUPERVISOR BORGOS-What if we say, and shall include significant areas of green space . COUNCILMAN MONTESI-That leaves it open, without `�tieing up, I think it is important that we do not usurp that the Planning Board has . ATTORNEY DUSEK-If you say significant areas of -Ireen space though keep' in mind then you have not mandated clustering still . SUPERVISOR BORGOS-I hear the Board saying that it wanted to - do that. COUNCILMAN POTENZA-I think the first part of it, I think if we support clustering we acknowledge to the landuse plan that clustering is the most environmentally safe way of building affordable housing and we acknowledge that because we supported the . . . of landuse plan then we are just re-iterating what it said in the plan. I do not see anything where- we are tieing the ZBA to anything than what . . . . except them it says the 12 acres, that is right, and I do not have a problem with using significant or whatever but removing the 12 specified acres . COUNCILMAN-MONAHAN-You got to be aware of the fact that this is going to be a real tight fit because these lots that are suggested are roughly the same thing that we have in our mobile home overlay zone and these houses would be probably more square feet than in most mobile homes, I know garages on mobiles . . COUNCILMAN MONTESI-That ' s why we shouldn't tie it up with 12 acres, leave it significant and see what green space is . COUNCILMAN MONAHAN-And let them look at the project and give them some flexability to . . . . COUNCILMAN POTENZA-There is nothing wrong with keeping the clustering from . . . ATTORNEY DUSEK-What if you put a period after amended and did simply deleated and shall include not less than 12 acres of greenspace . SUPERVISOR BORGOS-Because you use greenspace . . . COUNCILMAN MONTESI-Because you use greenspace you want to make use you include . COUNCILMAN POTENZA-I want greenspace in there . ATTORNEY DUSEK-Alright and shall include significant greenspace . SUPERVISOR BORGOS-And shall include significant areas greenspace and that takes away the problem of the Planning Board and the Zoning Board, quite a bit of flexability, is that acceptable to everyone? Mr. Adams is there, because ultimately this is going to have to be a two or three party arrangement do you want to address that point? MR. ADAMS-One of problems we run into atleast as we intrepret the ordinances is in order to appeal to the clustering provisions in the ordinances we have to apply for variance no matter what. In order to get a 10, 000 sq. foot lot for example with the setbacks set forth in the ordinances you cannot put a house on it. The cluster provisions is virtually useless except as you go before this Zoning Board. But, the real issue there now arises that the Zoning Board has very specific criteria by which variances may be issued and frankly without some kind of a provision like this I would not know how to argue for a zoning 59 variancq to avail ourselves with clustering . . . COUNCILMAN KUROSAKA-I see your point. SUPERVISOR BORGOS-You are saying, that un,le�s you are compelled to have that much green space they could easily say well , spread out on the property which would raise your costs and make the thing unaffordable . COUNCILMAN MONAHAN-I think that we are intre£ering with their job. SUPERVISOR BORGOS-I think about what we are trying to do -- here and how many housing units there are and the concern for the fact that the lots are small but then I think about the fact that we have a number of townhouses around town with lots even much smaller. They are limited to actually to the size of the square footage of the townhouse . So, making the smaller lots does not bother me if I think of that as a comparison rather than one home on one acre. I see where you are coming from. COUNCILMAN MONAHAN-That doesn' t bother me either Steve, but I do not like usurping the powers of the other board and like saying well the end justifies the means, because I do not believe that philosophy. SUPERVISOR BORGOS-I think just the opposit I think if Mr. Adams point is correct we made by making the decision for the ZBA and not giving them the opportunity. In otherwords by not requiring the 12 acres of greenspace we may be saying to the ZBA you may not permit this project. But, if we require the 12 acres then they have the latitude to grant a variance or not grant a variance, I think that is what your point is . COUNCILMAN MONAHAN-Not really, because then he goes and he claims hardship because he says I cannot leave 12 acres of greenspace unless you permit me to do this so you have to do it . SUPERVISOR BORGOS-No . They may. . . COUNCILMAN MONAHAN-No, no they have to, under hardship. SUPERVISOR BORGOS-I think he is saying the other way he would not be able to claim hardship and they could not grant it. Lets ask our attorney. COUNCILMAN MONAHAN-What we are doing is tying their hands so they got to do it. SUPERVISOR BORGOS-No, they could turn it down. COUNCILMAN MONAHAN-No, they can't. COUNCILMAN MONTESI-On what grounds? COUNCILMAN MONAHAN-On what grounds, they can't once he proves that kind of hardship they cannot turn it down. SUPERVISOR BORGOS-Lets ask our Attorney. . . COUNCILMAN KUROSAKA-As you were saying we are creating the hardship. COUNCILMAN MONAHAN-That is right we are making the hardship. SUPERVISOR BORGOS-Lets get a legal opinion off the cuff . ATTORNEY DUSEK-Is the issue first, there seems to be two issues here one is' whether to cluster or not to cluster or 60 require it and the second issue is whether to require a ' specific number or acres or not, am I correct, and Mr. Adams your position is , is that . . . MR. ADAMS-So, far as I know the way we study' t�e ordinances without some kind of a provision promulgated by the legislative authority of the Town Board which in fact sets the rules for all the subsidiaries boards, without some sort of authority by the Town Board I frankly would not -know how to argue to qBt a variance to avail ourselves of the cluster provisions for this project . ATTORNEY DUSEK-Now, that authority of the Town Board would be in a form of just an authorization to cluster or an --- authorization to give a specific number of acres in greenspace? MR. ADAMS-Whatever the Town what we would look to for the Town Board would be something that would give the ZBA the authority to issue a variance . Right now, as far as I can tell there is nothing unique about this land on the basis of which regardless of whether the ZBA wanted to endorse the project like this or not, by means of which they could grant a variance . ATTORNEY DUSEK-There may be a better way of addressing that and that ' is why not just simply say in this document what the setbacks will be then. MR. ADAMS-That is absolutely within the . . .Town Board. COUNCILMAN MONAHAN- . . . I do not think that is the right thing to do . No, absolutely not, we are not the Planning Board and we are not the Zoning Board. We have already said in this it is going to be developed in accordance with the cluster provisions , so we have already permitted the clustering, we said there was going to be significant greenspace so they are not going to say to them you got to put one house on every 20, 000 sq. ft . We have given them some latitude as far as set backs and so on and so forth in the clustering. COUNCILMAN MONTESI-The next problem you come into if you do say 12 acres and . .to a hardship they also have to correct me if I am wrong they also have to argue before the ZBA not only for that but they have to argue for some side line setbacks . So, if you have nailed it into 12 acres and you have nailed it into clustering now the sideline setbacks does not become an issue that the Zoning Board can address aggresively, they have to approve that too because they cannot change anything . So, we really are doing their 'job, that is ok if everybody agrees that, that is what you want to do but, we really, it is unique we are doing something. . . . SUPERVISOR BORGOS-The alternative? COUNCILMAN MONTESI-Is to leave, say we want to cluster, say we want significant open space the only problem that Mr. Adams has is that if the Zoning Board of Appeals gets real sticky they are going to say to him, what is your hardship? The only hardship that he has to argue for is that this is unique, this affordable housing concept is unique, I do not know if that is enough of a hardship. SUPERVISOR BORGOS-Lets ask our Attorney is that enough of a legal hardship? COUNCILMAN MONAHAN-Wait a minute though, I think when you get into the hardship your jumping a thing, because once we have permitted him to cluster, we said it is going to be clustering then they have to permit that, he does not have to show hardship to do that . So, then it is going to be a si case , of setbacks within clustering. I mean clustering is definately not putting a house on every 10, 000 sq. ft. or 20, 000 sq. ft . that definately not clustering. So, you got to bring them in and greenspace so t4er6 'may be some question about what the side setbacks are, � are the lots going to be changed a little bit is the configuration going to be a little bit different maybe somebody is going to have some bright ideas between now and then maybe they are going to want to ghange their plans when they you know really work on this somemore, who knows? I do not feel that we should be locking in that site plan right now, I just do feel it is our perrogative . ATTORNEY DUSEK-The only thing I might say the way this clause is drafted hereagain when you take the acreage out now what, you could have a situation where they go before the ZBA the ZBA looks at it and says well maybe you cannot build 40 lots the way you are supposed to but you can do 20 so therefore you do not have a hardship and this is over. Maybe the other thing I should just say to is keep in mind that Zoning Board of Appeals their primary job is to intrepret the ordinance and to grant variances when necessary because the ordinance in some cases is too stringent in its application. This Board has the opportunity at this point to address those so that it does not have . to go to the ZBA. I think the Planning Board on the other hand does get sight specific and does address the specific concerns of the area the residence, that part of the community, but the ZBA it ' s really their job is more matter of fact in terms of, well we got an ordinance it is not working right we are going to jump in and do something. This is , what I guess I am saying I guess I would encourge the Board to try to make the ordinance work right in the first place . COUNCILMAN MONAHAN-But you have taken care of that in the second thing when you said that . . . shall be developed into the maximum number of lots allowed under the Town of Queensbury Zoning Ordinance . By changing the density we are allowing them those kinds of lots so the ZBA cannot say that. ATTORNEY DUSEK-I think that, if I understand it correctly though is that it goes back to the way the clustering ordinance is � written that unfortunately the clustering ordinance has restrictions on how small it will let the lots go . . . .decision ultimately. . . COUNCILMAN MONAHAN-Actually this whole thing is breaking the clustering provisions because we have a thing in there if I remember correctly without having it in front of me that clustering applies in sights of 25 acres or more, am I correct? ATTORNEY DUSEK-I cannot recall , without having it in front of me. COUNCILMAN MONAHAN-But I believe it does . So, you know we have already when we said we were going to cluster we have already bypassed that part so now you are bypassing the worring about you know loosing out some lots by saying it is going to be developed in the maximum and the maximum is 40 with the way that this zoning is done, rezoning is done . COUNCILMAN KUROSAKA-My recollection in having been 12 years on the Zoning Board this is not a use variance it is a area variance you only have to show significant difficulty not hardship. COUNCILMAN POTENZA-Can I just go back to your first . . .Paul , why would they have to go before the Zoning Board if we are already rezoning it in this resolution? ATTORNEY DUSEK-My understanding is that clustering provisons fit of the Town and I should have brought the book with me , COUNCILMAN KUROSAKA-Will not allow what they want to do. ATTORNEY DUSEK-Right, they allow, you can ,clu\ster but you cannot cluster down to six thousand I think it is , that is what they want to do . MR. ADAMS-Cluster down to 10, 000 sq. ft. but then with the setbacks front and side there is no way to put a house on a 10, 000 sq. ft . lot . So , it would have to go before the ZBA for variances just to appeal to the clustering. I COUNCILMAN POTENZA-And if this ordinance was written, or resolution was drafted, with your initial comments the clustering provision and the 12 acres would there be any need for them to go before the ZBA? ATTORNEY DUSEK-Yes, they would still have to do that. The way to avoid it would be to get specific and say this will be what your side setbacks are this is what will be what. . . COUNCILMAN MONTESI-That is the Planning Board ' s job. COUNCILMAN MONAHAN-That is not our job. COUNCILMAN POTENZA-That is the point I am trying to make Ron, why wouldn't that be the Planning Board' s Job and not the ZBA' s job, on a sight specific . ATTORNEY DUSEK-. .'.most likely would be a marrying of the two boards at that point, the Planning Board would probably review the site and say, in the Town here it works a number of different ways, my understanding is they like whenever possible to encourage the applicants to get their ZBA variance first and if that happens then there would be virtually no Planning Board input . However, on a number of occasions the Planning Board, the ZBA either asks the Planning Board and they may very well for this one for input in which case the Planning Board would start their review and make recommendation as to what they feel is workable to the Zoning Board. If that happens if that process happens then you have the input that I think you are looking for. But it is possible that, that may not happen. COUNCILMAN MONAHAN-It usually does, . . . COUNCILMAN MONTESI-By putting 12 into the greenspace what we literally lock the Planning Board and Zoning Board of Appeals into is developing these 40 houses on 10 acres, why don't we reverse it give them some latitude, I mean if Mr. Adams feels that he needs a specific number in there for greenspace then make it 10 or make it 9 and give the three acre difference the latitude that the Planning Board and the ZBA might have because if they force Mr. Adams to move the line somewhat for whatever reason, something that we do not even know about. . . COUNCILMAN MONAHAN-There might be a drainage problem or something. COUNCILMAN MONTESI-It might be a drainage problem, whatever, at least they have some freedom, or else they are going to have to come back to us and say everything is null and void because we cannot work with the 12 acres . SUPERVISOR BORGOS-Do you propose 9 or 10 acres? Can the rest of the Board agree on 9 acres? COUNCILMAN MONAHAN-I would propose none at all and just leave maximum . . . COUNCILMAN MONTESI�I can understand and empathise with Mr. Adams concern about not having a handle to go on and if it r. 63 is 9 ,acres that gives me 3 acres that the Zoning Board and ' the Planning Board can play with and change some lines if they do not want to give some side line variances, at least we have something to work with. SUPERVISOR BORGOS-Do we have a consensus at nine? COUNCILMAN KUROSAKA-I do not want to create a, avoid creating a hardship. SUPERVISOR BORGOS-So you think 9 is ok? COUNCILMAN MONAHAN-No, we do not think it should be in there — at all , because we are creating a hardship. We are creating a practical difficulty is what we are doing and we have no business doing that . SUPERVISOR BORGOS-I think we are stuck on dead center here for a minute . We could, we can come back to this in a minute and we may have to vote on each of these little bits and pieces to get through them. We have the second resolved clause any concern about that? COUNCILMAN MONAHAN-Ok, when we say the maximum number we are talking about 40 lots , am I correct Paul? The way this is written? ATTORNEY DUSEK-Not necessarily, it would be whatever the maximum number they could achieve after complying with all the other rules and regulations concerning setbacks and everything else . . . . COUNCILMAN MONAHAN-If they find some area that cannot be developed for some reason or other. . . SUPERVISOR BORGOS-That is agreeable then? Mark that off, number 3 Number 3 is simply forcing the project to be built in two years . COUNCILMAN MONAHAN-. . . Infrastructure . SUPERVISOR BORGOS-Infrastructure , roads , water, any concern, that takes care of the concern of the project sitting there half done . Number 4 on the next page, this is asking for bonding to protect the Town to be sure the project is finished, the infrastructure . COUNCILMAN MONAHAN-. . .Ask Mr. Adams a question, what is the . . of the road system that you are going to have to put in? MR. ADAMS--Approximately 2, 000 linral feet of road the bonding issue on the infrastructure is one frankly we haven't had. . . . SUPERVISOR BORGOS-I spoke with the bank man a moment ago and he said no problem. MR. ADAMS-I did not hear the bank man say he was going to contribute that cost of that line to the project? We would have no particular objection to delivering the goods on that, it would add a little bit of cost, just like . . .variance on set backs would add substantial . SUPERVISOR BORGOS-I will ask our Attorney irrevocable letter of credit we have used before would the be appropriate here and could that be ask the Bank if that a possibility in this case, not to commit you but . . . MR. BITNER-It is a possibility. SUPERVISOR BORGOS-It is possible, would an irrevocable letter of credit fit in here to protect the Town, we have used it a number of .times recently. 64 ATTORNEY DUSEK-As long as they could get a two year letter of credit, it would cover the length of time the infrastructure would be outstanding. 1. , SUPERVISOR BORGOS-I see affirmative . Where would we put it in here, put an or. ATTORNEY DUSEK-. . .to furnish the Town of Queensbury a performance bond or a two year irrevocable `letter of credit. . . COUNCILMAN MONTESI-Actually a letter of credit is easier for the Town to get at . _ SUPERVISOR BORGOS-It sure is . That should reduce the cost substantially. That section is ok then, Number 5 we addressed before , I think we took care of that, that is the big one . COUNCILMAN MONAHAN-I have one problem with that, ok, Paul in the third line down middle income families there is no wheres to find middle income families they were talking about median income all the while and I just wonder if we should not stick to median. ATTORNEY DUSEK-I think probably it is a typing error it should be median. SUPERVISOR BORGOS-I have no problem with median. COUNCILMAN MONAHAN-We do have a definition of that. SUPERVISOR BORGOS-Does anyone else have a problem with median? Mr. Adams MR. ADAMS-If I might make a statement here . I would really perfer you on that third line to keep the term middle income housing because the housing is not really just for median — income families, it is for a band of family incomes around the median which is commonly called middle income . SUPERVISOR BORGOS-We have three ways of averaging mean, median and mode anyway if we stick it to median we might loose somebody in the mean or the mode . MR. ADAMS-Yes , exactly . COUNCILMAN MONAHAN-But we haven't defined middle income . We do not know what middle income is . SUPERVISOR BORGOS-That floats, hourly. .. COUNCILMAN MONAHAN-I realize that, so is the median income that we had defined because that is also we said we were permitting 120% over that . SUPERVISOR BORGOS-Whatever that might be at the time . MR. ADAMS-In that whole band of families, above or below median and up to 120% of median would be called middle income housing. COUNCILMAN MONAHAN-Well , than I think we have to define that — what we are .talking about is we accept that middle income I think we have to put an explanation of what middle income is . SUPERVISOR BORGOS-What if we left out that part about the , to middle income families , and put in, The subject premises shall be developed for the purpose of constructing and selling affordable quality single family housing as contemplated in the Comprehensive Land Use Plan, so you just deleat it. Affordable? 65 ATTORNEY DUSEK-Right before the word quality, selling > affordable, since that is what the whole jest of this project seems to be . SUPERVISOR BORGOS-And then we strike, to middle income families ATTORNEY DUSEK-Right . I will accept that, anyone else disagree? COUNCILMAN MONAHAN-We are taking quality out? SUPERVISOR BORGOS-We are taking, we left quality in, we must leave quality in this project, it is essential . Any other concerns of that paragraph? Done . Item number 6 This is where we get very specific and say that the developers of the project must submit the application and whatever and this is where I think we have enough strength to say that we are not going to get a flood of other applicants for this type of rezoning, this specific rezoning, because this the application process itself is a fairly lengthly expensive project so I . do not think we are going to be creating a deluge of request for this and this is probably the strongest paragraph in here to stop that, if that was the concern of some . COUNCILMAN• MONAHAN-Of course you do know we have had a lot of builders that critized this . (Tape turned) . . . in a more expensive range and giving the 25 , 000 up to 25, 000 when they already building houses in the area for 65, 000 . SUPERVISOR BORGOS-That just came in today, I took a peek at it before . COUNCILMAN MONAHAN-I had another builder ask the very same question. COUNCILMAN POTENZA-And those homes are being built in So . Glens Falls . COUNCILMAN MONAHAN-The one I talked to was being built in Queensbury at much less per square footage than what the price Mr. Adams was giving. SUPERVISOR BORGOS-That gets to the heart of this whole specific project not to this particular paragraph, it is interesting, I had some questions foreinstance the numbers that we are talking about refer just to the building with no reference to infrastructure and the land costs I think probably that is the case . COUNCILMAN MONAHAN-No, I checked those out to . SUPERVISOR BORGOS-You did, ok. COUCILMAN MONAHAN-The price I got included a house ready to moved into complete . SUPERVISOR BORGOS-Lets try to get through this and then when that point comes up again we will get back to it. ATTORNEY DUSEK-Number 5 could I just add a further — suggestion on the language where you inserted affordable I was going to suggest and there were a number of places previous to this which I would like to give the Board later, instead of just saying affordable say additional affordable quality single family housing. COUNCILMAN MONAHAN-I was wondering that because we already do have some affordable housing and I was having a little problem with that Paul . ATTORNEY DUSEK-I added this in a few other places throughout the document just s6 that we could clarify this . 66 SUPERVISOR BORGOS-So, we are talking about selling additional affordable housing. ATTORNEY DUSEK-I do not think we want to say t°hAt there is no affordable housing . SUPERVISOR BORGOS-No , I do not think that anyone ever. . . COUNCILMAN MONAHAN-I think the problem that everybody recognizes is not so much that affordable housing being out there but how do you come up with the down payment and the points and all that kind of stuff? ATTORNEY DUSEK-To make the sentence complete then I would recommend that it not only say additional affordable housing, or additional affordable quality single family housing in the Town of Queensbury, be added to and add contimplated in the comprehensive landuse plan. COUNCILMAN MONAHAN-I am going to ask Mr. Bitner I am going to ask him a question? SUPERVISOR BORGOS-Help yourself . COUNCILMAN MONAHAN-Are these applicants going to have to pay all the closing costs the points and legal fees and so on and so forth? MR. BITNER-It would depend if they are going to be SUNYMA qualified, there is a requirement by the State of New York—there are points 2 points in order to acquire, I think an 8 . 3% mortgage, there are certain requirements the State puts on this . . . COUNCILMAN MONAHAN-There would be an 8 . 3 % mortage . . . ? MR. BITNER-SUNYMA, yes . COUNCILMAN MONAHAN-Is this the type of mortage that this grant would be working with? MR. ADAMS-Most likely it would be either a SUNYMA mortgage or FHA, in the case of an FHA mortgage in total dollars and cents at closing sometimes it is a few dollars less than SUNYMA mortgages as a matter of fact. COUNCILMAN MONANAN-Of course with what is in front of Congress right now we do not know what is going to happen with all those mortgage situation. COUNCILMAN KUROSAKA-I did not hear what she said? SUPERVISOR BORGOS-She said based upon what is happening with Congress right now we do not know what is going to happen with the mortgage situation. We took care of 5 we are back to 6 again, George do you have a concern about 6 . COUNCILMAN KUROSAKA-I am concerned about having 6 in there. COUNCILMAN MONAHAN-Yes , I did not like it either. COUNCILMAN KUROSAKA-You are tying it to the grant. COUNCILMAN MONANAN-What if private money becomes available for some reason or other that some other kind of a program is set up that maybe is going to be a better program? I know the Adams were talking about that they might be having other sources besides this . COUNCILMAN KUROSAKA-This ties it to the New York State Affordable Housing Corp. . . . SUPERVISOR BORGOS-Wefhave got to remember a couple of things 61 }_. number 1 we were concerned that we would get a tremendous influx, of requests if we opened this up, requests for ' rezoning, number two is that we are still working very diligently to put our floating zone into effect which then would get rid of the necessity of having to qo, anymore of these and hopefully that could be around in three or four months this would be protection for really a short term. This is really designed for this project get this project moving be sure it does not open the whole Town to this type of rezoning but in the mean time keep working on the other one . COUNCILMAN MONTESI-I am sympathic to that because that has been our concern. SUPERVISOR BORGOS-I know it has . COUNCILMAN MONTESI-Most of us not so much as being opposed, we are not for affordable housing as to what happens if this is approved and do we open .a door? . . .the door has to be opened via affordable housing if that is the entity that the State Funding comes through or Federal Funding . . . SUPERVISOR BORGOS-This is the best of both worlds at the moment. COUNCILMAN MONTESI-We have to be specific to this and make everybody -jump through the hoops . SUPERVISOR BORGOS-This lets this project get going it does not commit the Town long term it doesn' t stop us from doing what we hope to do fairly quickly. COUNCILMAN MONAHAN-Paul does this open us up to a discremination law suit? ATTORNEY DUSEK-No, because what it does is that it says you have to make application and you have to receive a response it does not say that you have to necessarily have obtained it . It just simply requires them to go through the steps to atleast try to get it and make . . .diligent effort and then obtain a response and then once they have a response they can then go ahead and construct, so it does not mean that they have to get it . SUPERVISOR BORGOS-Is that satisfactory then with that explanation? COUNCILMAN MONAHAN-I will have to confess I think I am like George, this has nothing to do with this, it is a philosophy that we have had up our way. I have a problem, of the guy that misses out being eligible for this, lets say 30, 000 dollars is the cut off the guy next door is making 30, 500 . he is not only not getting the 25, 000 dollars gift he is also paying taxes , his own full shot and paying taxes to pay the other guys 25, 000 . I would like this program a heck of a lot better and this is again nothing the Adam' s can help. The State, if Lhis went back to a revolving fund to help more people . SUPERVISOR BORGOS-That' s our problem, if this whole Board could redo the entire regulation of the State of New York we wouldn't have any of our problems right? Homerule . COUNCILMAN MONAHAN-That has always bothered me, this type of a thing and I have seen these things abused so much that it is . . . SUPERVISOR BORGOS-Do you have a way you want this worded? COUNCILMAN MONAHAN-There is no way, I do not know how else you could do it? The darn program is there . SUPERVISOR BORGOS It was put hereto answer the concerns ss that you specifically had that we. would be swamped with, requests for rezoning. This seems to have done it . ' COUNCILMAN KUROSAKA- . . .because you would never get the other one passed anyway . SUPERVISOR BORGOS-Lets leave that at least'/temporarily and come back maybe . Ok, paragraph number 7 , Paul has indicated tonight he would feel better about adding this declaration of covenants and restrictions as additional security, that this would not start different types of development, property would not be used for something else that you were concerned about earlier . I feel comfortable with this one, how do the rest of you feel . COUNCILMAN POTENZA-I think we are getting as much protection as we possibly can get . SUPERVISOR BORGOS-Anyone disagree with that? COUNCILMAN KUROSAKA-How do you enforce the covenants and restrictions , civil court? ATTORNEY DUSEK-Yes, by the way of lawsuit would be the civil lawsuit would be the way . COUNCILMAN KUROSAKA-That is what I thought because . . . ATTORNEY DUSEK-In this pa:-ticular case you have two luxuries here if you w_. 11 , I will call them luxuries , one is you would be able to enforce the covenants by way of civil action which we just mentioned the second thing is since it is a zoning amendment you also would be able to enforce it by way of zoning violations if it is. not followed. Which means ycu could go to Justice Court in the first instance against the person who is violating the ordinance . COUNCILMAN KUROSAKA-You mean the covenants and restrictions would be the same thing that we have in the Zoning Ordianance? ATTORNEY DUSEK-It would be identical . The primary purpose behind advocating the declaration of covenants and restrictions would be to make sure that new property owners who buy after the fact would know that this attaches to their property. I was concerned because in the general course of events I know many people buy a home they may be generally familiar with the zoning ordinance but unless their attention is drawn that there is some peculiarities effecting their property they may never know. COUNCILMAN KUROSAKA-This is the second buyer . ATTORNEY DUSEK-Right. COUNCILMAN MONTESI-We have had developers come in and . . . a subdivision. go through all of that and sell it to the next guy who . .who sells it to the mark and the guy who does the the third, I guess what you are saying is this goes with the land so everybody ought to know up front. ATTRONEY DUSEK-When they do a title search they will pick up on these regulations even if they do not happen to do a zoning search. SUPERVISOR BORGOS-Everyone agrees? COUNCILMAN POTENZA-Yes . SUPERVISOR BORGOS-We go into the next and Be it further, Resolved, any concern about that? Mark that off . And then and be it further, Resolved, the last one on the page. r 69 COUNCILMAN MONAHAN-I am reading something, a minute, Steve'' , please . ` Ok, when, go back to the covenants and restrictions . . . SUPERVISOR BORGOS-Number 7 Betty? COUNCILMAN MONAHAN-Yes . When are we going to see those? ATTORNEY DUSEK-I do not believe that I setforth a specific date except , that I indicated that the rezoning would not take effect until they were signed by and authorized by the Town Board. SUPERVISOR BORGOS-Didn't you further say that they would be identical to what we are talking about? ATTORNEY DUSEK-There may be language , I do not know if the exact recall exactly what language I used by the intention is to just simply say that exactly, that these are the covenants and restrictions entered into pursuant to the zoning resolution number such and such and then just simply outline them 1 - 7 and leave some places for people to sign and put some language in there indicating the same thing that is said here that they can only be revised after public hearing etc . So , it would be, I envision the declaration reading almost idential to what is right here on the paper. COUNCILMAN yMONAHAN-So , that the covenants and restrictions would be a restatment of the things that we have already decided on. ATTORNEY DUSEK-Yes, infact I tend to lift them right off the word processor and put them right into . . . COUNCILMAN KUROSAKA-They would be part of the deeds then. ATTORNEY DUSEK-Right . SUPERVISOR BORGOS-How about the last resolved clause at the bottom of that page? That is what we are going to be voting on in a while maybe? Any trouble with the language, that is my concern? No problem, the language is there . Top of the last page, Again, language we are concerned about rather than substance . The last Resolved clause, language rather than substance, at the moment. We have got to return to top of the fourth page, our Attorney was going to do some language change there, I believe . . . . . sorry third page excuse me, I thought there was another page, you are correct, third page . ATTORNEY DUSEK-Just as a shot at trying to develop some proposed language, try this clause on the Board, Whereas , although the Town Board of the Town of Queensbury would rather develop general and permanent reguations the said Town Board recognizes an immediate need to begin permitting more areas of Town in which affordable housing could be developed. COUNCILMAN MONAHAN-Do you want more areas or an area? SUPERVISOR BORGOS-Do you want to use the word additional? ATTORNEY DUSEK-Permitting an area of Town in which additional affordable housing could be developed, how is that? COUNCILMAN MONAHAN-I like an area better than saying plural because looks like . . . COUNCILMAN POTENZA-Read that again, Paul . ATTORNEY DUSEK-Let me try that again then, Whereas, although the Town Board of the Town of Queensbury would rather develop general and permanent regulations the said Town 70 Board Fecognizes an immediate need to begin permitting an area of Town in which additional affordable housing could be developed. How is that. . .. COUNCILMAN MONAHAN-The only thing, I will a.9k you again could we be open to descrimination because we ale saying an area? I think we should say an area but I just want to know now if it is legally defensible? ATTORNEY DUSEK-Well , I feel I have to say this , obviously you do the best that you can but there are no guarantees . I COUNCILMAN MONAHAN-I realize that, that is why we have courts . — ATTORNEY DUSEK-We try to make this as sound a document as possible I think that the language is there and it goes, you can't just read the language isolated by itself, I believe a quote would read the entire document and try to make sense out of the entire document as opposed to just isolating at least that would be my arugment to the court to do that there is some law to back that position up, but that' s the way a document should be read. SUPERVISOR BORGOS-Let ' s return to Paragraph #6 . We had some concerns about that, have they been addressed? This is the one where -it says , we like to change state law if we could, but we can't. COUNCILMAN POTENZA-I don't think we can change State Law. SUPERVISOR BORGOS-We can' t change State Law . COUNCILMAN MONAHAN-I 'm going to try. The first thing we should do is lobby Bobby D'Andrea and tell him to stick that money in the revolving fund . SUPERVISOR BORGOS-Don' t forget the whole purpose of this is to make sure we don' t open the door to flood gates of — request of rezoning. This is one of the most significant paragraphs in here for that purpose . COUNCILMAN MONTESI-It ' s significant because in order to apply for a affordable housing grant there is a full set of criteria. . . SUPERVISOR BORGOS-It ' s a big document we just applied for a special low interest Sewer Fund, Wastewater Fund from the State and the simplified version the application was thirteen inches of paperwork, we took a photo and its in my office. We not quite that bad in this case, but there is a lot of paper work it ' s expsensive and time consuming. COUNCILMAN MONAHAN-What happens if I qualify for the mortgage, but I don' t need the $25, 000 because I have some Aunts , Uncles, who said to me I 'm going to help you through all that section can they still come in on this? ATTORNEY DUSEK-First of all , they may not qualify if they are getting outside help if I understand the program correctly they have to prove certain needs, don't they in this program so if they are really getting that kind of outside help they may not get the loan. COUNCILMAN MONAHAN-Even if they couldn't find another $85, 000 . . . ATTORNEY DUSEK-No. I think that they would still be able to get into this program am I right or no? MRS . ADAMS-They probably wouldn' t be able to qualify for the grant. ATTORNEY DUSEK-They, could buy the house from you right? 71 MRS . ADAMS-Those are those . .houses because there are special circumstances . . families helping their children there is nothing wrong with that. Remember when we were talking about this you suggested we have . . , COUNCILMAN MONAHAN-I just want to make sure we haven't written anything against that . COUNCILMAN MONTESI-The other thing we should make sure that is on the record is that we just don' t take $750, 000 . and divide it by 30 and come up with $25, 000 because it ' s not $25 , 000 for 30 houses it ' s up to $25 , 000 depending on where those people fall . Half you said will be 100, half will be 120 and there are some administrative expenses that occur so it ' s less 750 that were working. SUPERVISOR BORGOS-Okay, so will mark that one off as acceptable in terms of language . We,re back to #1 , how do you want to handle it? COUNCILMAN MONAHAN-I think you have to give some leniency in there because, you know when the Planning Board starts looking at where roads are going they don't have a variance yet for the septic tank they, have to put them on the lots . SUPERVISOR- BORGOS-We haven' t locked them into a particular design we 've just talked about acerage and things . COUNCILMAN MONAHAN-I know it , but we have locked them in when we start getting restrictive because when you look at that land and your saying so much is going to be left. . .we have really locked them in. SUPERVISOR BORGOS-Why did we say that dropping back to ten or nine acres would not be appropriate? COUNCILMAN MONTESI-I thought nine acres . . COUNCILMAN POTENZA-Gave them the flexability. It came to the Zoning Board rather than give it too . SUPERVISOR BORGOS-It ' s 15 per cent of the property almost. COUNCILMAN MONTESI-If the ZBA said, gee we really don't like these two houses on one septic tank we want to see each house on their own tank we want to see that tank as part of their property line . It might be three acres of land is enough to do that. COUNCILMAN POTENZA-Or the driveway. It gives them a three acre area. COUNCIMAN MONTESI-I understand this they 're at. . . Control by giving them a specific number let ' s do it and get some flexibility so the Planning Board and the Zoning Board don't say, gee you guys did it all for us . MR. ADAMS-I just like to add two or three more sentences . I can't tell you how important in a sense we 're the ones that have to deliver the bills . Okay, if the project gets built we ' re the ones who are going to have to build the project and it has to work. Your not going to be happy, we 're not going to be happy, and forty families are not going to be happy. The side setbacks are really the only point in issue . The way the side setbacks are sighted in the Ordinance would add about 2, 500 . or 3 , 000 . dollars per house in infrastructure costs, compared to the lots as presently laid out on the plan. If really the frontage that is the biggest nut to crack. Frankly I guess we would not care too much about the total number of square feet, we wanted to keep the least number of square feet so the landowners couldn't with impunity take the chainsaws back and cut back all that square footage that they would be getting a deed 72 to . If we can keep the lot size small they do not have the ' right to slice down the trees which, personally and otherwise do not want them to . But, it is the frontage which adds costs to affordable housing . The Plan as currently laid out by the architects has a 80' frontage, as a matter of fact when I went over this with'Mr. Kurosaka it happens that he lives in an area that has 80 ' frontages to although he is lucky he has two of them. But, the plan is laid out as 80 ' frontages and that is what determines the dollar cost: of the units . The ordinance says under cluster provisions those have to have 100 ' frontages . 100 ' frontages is just purely and plainly and simply going to add $2500 . per house minimum. SUPERVISOR BORGOS-I will ask our Attorney if we are permitted here somehow to indicate that this zone shall permit for frontages as small as 801 ? ATTORNEY DUSEK-Certainly when you. . . SUPERVISOR BORGOS-Then leave the rest to the Planning Board and Zoning Board. ATTORNEY DUSEK-You are modifying the ordinance at this point, with all of these clauses and I think since you are the legislative body you certainly have the authority to put in whatever restrictions or modify the ordinance as you deem appropriate for the project. SUPERVISOR BORGOS-'Would that solve the problem? COUNCILMAN MONAHAN-Suppose the Zoning Board said we would rather see zero lot size, zero size frontages . SUPERVISOR BORGOS-1 am not talking about sides, I am talking about, we are saying they would be permitted instead of reducing the lot size to 100, they could come down as low as 80' . COUNCILMAN MONAHAN-I know, but what I am saying is, if you had zero lot side line set sizes you would have even less frontage. SUPERVISOR BORGOS-Right, but, I think people . COUNCILMAN MONAHAN-. . .They might decide they like that better. COUNCILMAN POTENZA-How do you do that Betty? SUPERVISOR BORGOS-Zero lot lines a lot of communities are doing it. COUNCILMAN POTENZA-No frontage at all . COUNCILMAN MONAHAN-You do have frontage but you reduced it and that is what I said, that might be flexability they go for. COUNCILMAN POTENZA-You have a zero lot line house. . SUPERVISOR BORGOS-Zero set back. Zero on the property line. COUNCILMAN MONAHAN-Zero side line set back, like Gettsburg and places like that. SUPERVISOR BORGOS-The happy compromise seems to be to keep the so call Queensbury flavor in the project to do more than a 50' wide lot go to 80 ' can' t afford to go to 100 this is one specific is there a way we could say may, lot sizes may be reduced to 80 "frontage in this particular, this is one 73 of the conditions . COUNCILMAN MONAHAN-I want to ask Dr. Bitner a question, is there any problem with a mortage when the septic system is not on this house lot of this type and when two n :houses share a septic system. DR. BITNER-If you are applying for an FHA mortage my understanding is that each house, each mortage would require its awn septic system, that would be FHA requirement. That is one type of mortage, you asked me about. . .depending on you know the most attractive mortgage for 30 years of course is SUNYMA what that requirement is I am not familiar with. COUNCILMAN MONAHAN-So, that is what we have to be careful that we do not tie into something they cannot get a mortgage on. SUPERVISOR BORGOS-We are relying on the experts in the housing industry to tell us that . COUNCILMAN MONTESI-That is also a variance, Betty, that they have to go through. COUNCILMAN MONAHAN-I realize that but what I am saying is that I do not what to monkey up these lots so if they are forced to--put the septic system on the lot that there isn't room for it. SUPERVISOR BORGOS-The question is Dixon Heights , is two " units per. COUNCILMAN POTENZA-At least, minimum. . . COUNCILMAN MONAHAN-We do not know what kind of a mortgage . .. COUNCILMAN POTENZA- . . .there have been FHA mortgages there. . . COUNCILMAN MONESI-Townhouse concept. COUNCILMAN POTENZA-Right . UNKNOWN-. . . six units per one septic system. . . COUNCILMAN POTENZA-They are FHA. . SUPERVISOR BORGOS-So, there must be some flexibility there . COUNCILMAN MONAHAN-. . . single family are they allowed to do that, see that is the difference . . . COUNCILMAN POTENZA-QueenAnn' s is , they are sold as single units, sure they are . COUNCILMAN MONTESI-That is not necessarily what the Zoning Board is going to accept. SUPERVISOR BORGOS-Or the Planning Board. . . COUNCILMAN POTENZA-Dixon Heights, mine is a single unit too although its . . . COUNCILMAN MONAHAN-They are a single unit but they are actually in a duplex or quadraplex that is what I am talking about is the difference. . COUNCILMAN POTENZA-They are financed as a single unit. SUPERVISOR BORGOS-What do you think, do you want to put the 80' number in here and then deleate . COUNCILMAN MONTESILIt is only another issue they got to 74 address at the Zoning Board of Appeals . SUPERVISOR BORGOS-Not if we have changed it, then they don't COUNCILMAN MONTESI-At least they have the flexibility they still have to address it . SUPERVISOR BORGOS-Do we then deleate the nine acres , 12 acres reference entirely? Maybe we can get rid of that talk about significant areas of green space and then insert the 80 ' frontage . COUNCILMAN MONTESI-Can you do that Paul , would that be sufficient? COUNCILMAN MONAHAN-Are we going to insert it with a may or a have to? SUPERVISOR BORGOS-With a may, I would think, to give the flexibility to the Planning Board. COUNCILMAN MONAHAN-That is what I would want to do the may, I would not want to do . . . SUPERVISOR BORGOS-No, but it unties the hands . . . ATTORNEY DUSEK-If you do that, then you are not giving them anything. You have given them no authority with the may. I would say, . . . COUNCILMAN MONAHAN-It has given them flexibility. ATTORNEY DUSEK-It does not give them anything. . . . COUNCILMAN POTENZA-A recommendation and that is it . COUNCILMAN MONTESI-The greenspace as we pointed out showed that they had to make that requirement whatever it was, 5 acres, 8 acres, 9 acres, 10 acres, that gave them the authority to go to the Zoning Board and say we have to conform within the frame work of these open spaces . We need to put a number in there or else we haven't given them anything. I think Mr. Adams is asking is give me that number also give me some flexability on the frontage because I have to address that issue anyway. By saying going to 80 ' just gives them one less variance procedure. COUNCILMAN POTENZA-That is not the concern, the concern is the front, frontage because of the infrastructure, not the sides it is the cost of the infrastructure . COUNCILMAN MONAHAN-Yea, but they are tying to get the sides set backs reduced to they don' t .have as much frontage. COUNCILMAN POTENZA-But, I am not, they can put the house kitty corner on the lot if they want to Betty and or do whatever they want with the side set backs , it is the frontage that we are concerned about because of the cost of the infrastructure that goes to the front of the house . COUNCILMAN MONAHAN-I know . . . .when you reduce the side set backs you are also reducing what you need as your front frontage. If you fill in a square or a rectangle . . . COUNCILMAN POTENZA-What if you have a pie, if you have a pie you can have a small piece or a large piece of the pie the size can vary. But, you still can have 80 front to the front, 80 feet to the front . COUNCILMAN MONTESI-Are we trying to resolve one or two issues? r 7 -0 COUNCILMAN MONAHAN-But ou aren't y going to Ave a pie and save any money in infrastructure because your roads do not lie out that way, that does not make sense . SUPERVISOR BORGOS-I think to some extent, `'what they have shown us is a pie shaped series around the cul de sac . COUNCILMAN MONAHAN-To an entent, but it ' s not dike a pie, next to a pie, next to a pie . SUPERVISOR BORGOS-You should not talk about pie at dinner time . COUNCILMAN MONTESI- . . .We need to give some substance to the acre of greenspace at least give them something . . . ATTORNEY DUSEK-I think you should give them some guidelines so that some criteria setforth which everybody can act, otherwise if it is left too ambigious . . COUNCILMAN MONAHAN-How many acres have we got here? COUNCILMAN MONTESI-22 in a total . COUNCILMAN MONAHAN-Is it 22 or 20, that is what I am trying to find out. 22 if you get those two lots back in? COUNCILMAN MONTESI-So, instead of saying 12 have to be open space I propose 9 or 10, that would give the Planning Board and the Zoning Board at least the discretion to have some flexability in the plan that is before them. COUNCILMAN POTENZA-I would agree to that if you would agree to somewhere state in this that an 80 ' frontage would be recommended. . . SUPERVISOR BORGOS-Shall be permitted. COUNCILMAN POTENZA-Shall be permitted. SUPERVISOR BORGOS-Shall be permitted, then. . COUNCILMAN MONTESI-Reduction to the neighborhood frontage shall be permitted. COUNCILMAN MONAHAN-The other thing you could do is go with a percentage of greenspace, 40% comes out to 8 . 8 . COUNCILMAN POTENZA-Betty, what is the difference between 8 . 8 and 9 acres? COUNCILMAN MONAHAN-I am just saying a lot of our ordinances are written in percentage of areas, so if we want to be consistant with our ordinances and state it in percentages . 40%. . . SUPERVISOR BORGOS-Shall include not less than 40% greenspace, then we also include the 801shall be permitted to reduce the front footage to 801 . COUNCILMAN POTENZA-I lost my—reduction of we were at . . . SUPERVISOR BORGOS-We take out the not less than 12 acres and we write in 40%. . . COUNCILMAN MONAHAN-At least. SUPERVISOR BORGOS-Shall include at least 40% greenspace and in addition, I do not know if that fits in the same sentence . COUNCILMAN MONTESI-It is unique that we are agruing about reducing the amount "of open space . 76 SUPERVISOR BORGOS-It boggles my mind acutally. COUNCILMAN MONAHAN-We are going to put the,-'geptic tanks under the greenspace am I correct? Are the' septic tanks going under the greenspace? MRS . ADAMS-Yes . COUNCILMAN MONAHAN-Ok, then we go on, and say greenspace shall be defined as land left in its nature undeveloped state . So, it means that we cannot put the septic tanks in that 40%. COUNCILMAN MONTESI-Yes, that is a critical thing we have got to consider. Now, maybe the definition is wrong. SUPERVISOR BORGOS-Good point, although we have permitted I guess by special act, we have permitted people to go into the greenspace for septic systems . COUNCILMAN MONAHAN-We have permitted, but we are not permitting it here because we said you can not touch it. SUPERVISOR BORGOS-Why don' t we say except that greenspace may be used for septic system. . , COUNCILMAN MONAHAN-May be distrubed. . . SUPERVISOR BORGOS-May be distrubed for septic system installation as necessary. COUNCILMAN MONAHAN-Greenspace shall be defined as land left in substantial undeveloped state except where necessary. . . MR. ADAMS-Would it be too much to ask that for recreation, some type of modest recreational purposes as well , like picnic tables something like that. SUPERVISOR BORGOS-I think, that, that probably is not a problem anyway. You can put a picnic table in greenspace, am I correct, I am sure that you can. COUNCILMAN POTENZA-Don't be too sure . SUPERVISOR BORGOS-I think we have . . . COUNCILMAN MONTESI-Is that called passive recreation? COUNCILMAN POTENZA-Can't we put passive recreation in here? COUNCILMAN MONAHAN-But, you are going to have kids here, where are they going to play ball? SUPERVISOR BORGOS-We have been concerned before about buffer zones . COUNCILMAN POTENZA-You are cutting down the greenspace and now you are going to make a park. SUPERVISOR BORGOS-Greenspace is different from buffer zones . -- COUNCILMAN MONAHAN-Buffer zones is undistrubed. SUPERVISOR BORGOS-you cannot do anything, right. So, greenspace you can put a picnic table . , COUNCILMAN MONAHAN-I would think, you could put a sand lot ball field on if you wanted . . . COUNCILMAN KUROSAIKA-In its natural undeveloped state which means you have got to leave the brush alone too . 7 MR. ADAMS-Isn't it possible to use the definition out of the ordinance for open space? SUPERVISOR BORGOS-What is open space? COUNCILMAN MONAHAN-What is open space then? MR. ADAMS-It means land not covered -by buildings.p pavement, open storage, mining operations or any other use that visually obscures the nature or improved landscape except for recreational facility. It is already defined and it might work. COUNCILMAN MONAHAN-What is , Mr. Adams without having your plan in front of you. . .what was the amount of land which planned between you project and the neighbors as a buffer zone where you were going to leave the trees . Maybe we could work the two things in together kind of a thing. MR. ADAMS-The way the lots are laid out right now, there is 190 feet between the rear lot lines and this boundary, and there is 290 ' between the rear lot line and this boundary. COUNCILMAN MONAHAN-You have 190 on one side MR. ADAMS-190 on one side 290 oft the other. . . .The architect had drawn a little riffle around here with some undetermined amount of clearing between the rear lot line and the trees to put the septic system in, but ' essentially this is conceived to be undistrubed buffer zone between the two . COUNCILMAN MONAHAN-Except that you do have a recreation that . . . in that area. . .you have got it in that . MR. ADAMS-You are going to have kids that want to play in the woods . COUNCILMAN MONAHAN-Absolutely. In that cul de sac area do you have 50' between there and the boundary by any chance? Maybe what we could do is maybe a thing of undistrubed land the trees and the brush and the whole slew, between them and the adjacent neighbors and the inbetween areas could be the open space according to our difination in there they could have their septic system and ball fields and whatever. SUPERVISOR BORGOS-So , you want to have . . . MR. ADAMS-$ay 50 ' of totally undistrubed land that is the boundaries . SUPERVISOR BORGOS-50 ' Buffer Zone, according to the definitions . COUNCILMAN MONAHAN-I think that is going to make the neighbors happy. SUPERVISOR BORGOS-And then the remainder would be open space, instead of greenspace go to open space . MRS . ADAMS-You could open space as defined in the plan. COUNCILMAN MONAHAN-In some places it is probably not practical to leave a 50 ' buffer but. . . COUNCILMAN POTENZA-Why don't we just. . . COUNCILMAN MONAHAN-You can leave it there? MR. ADAMS-We talked about as a matter of fact shifting this a little bit around on the track anyway to try and get different kinds of clustering to maximize the buffering effect on it. 78 SUPERVISOR BORGOS-What if we said a 50 ' buffer the remainder is open space with final details to be approved by the Planning Board of the Town of Queensbury. That gives the Planning Board their flexability it gives us What. we want it gives the Developer what they want , is that acceptable to our Town Attoney? COUNCILMAN POTENZA-Are we still going to put ie about the septic systems? SUPERVISOR BORGOS-We probably will not need it now. COUNCILMAN MONAHAN-When you have the open space it allows septic system under it. COUNCILMAN POTENZA-So, we are going take out greenspace and put openspace . COUNCILMAN MONAHAN-We are also going to have a buffer in there also . . . SUPERVISOR BORGOS-I will ask our Attorney where we should drop those concepts? COUNCILMAN POTENZA-You want that with your 40% Betty? At least 40% of open space . COUNCILMAN MONAHAN-I do not know if we can call it open space. SUPERVISOR BORGOS-How about green area. . . .40% of green area. . .undeveloped area COUNCILMAN MONAHAN-It can't be undeveloped because if you are going to put in as they said, septic systems . . . SUPERVISOR BORGOS-How about, and shall include a 50 foot — buffer zone and the remainder two 40 percent would be open space, words to that effect? Get rid of the paragraph. COUNCILMAN MONTESI-If you go with the 40 percent, up to 40 percent, you can say . . . COUNCILMAN MONAHAN-That ' s at least. COUNCILMAN MONTESI-Yes, at least and you require a 50 foot buffer around the perimeter of the property, the balance of the property would be open space . That will cover it, that will give you the 40 percent, the 50 foot buffer and gives you the flexability on the open space for septic . . . SUPERVISOR BORGOS-I can live with that. COUNCILMAN MONAHAN-Alright. SUPERVISOR BORGOS-We 've got to put the right legal language together so we don't . . . COUNCILMAN MONTESI-Is that okay Paul? ATTORNEY DUSEK-I 'm just trying to get down everything that the Board has here, I ' ll give it a shot . . . COUNCILMAN MONTESI-Everybody agrees . SUPERVISOR BORGOS-It scares me, if it keeps going this way. . . MR. ADAMS-If the timing is right, can I make another sentence, to comment on this phrase here? SUPERVISOR BORGOS-Yeas sir. 79 MR. ADAMS-We made such a strong, maybe for the authorizing ' reduction down to a . . . its also however clear, looking at this design that even then we would have to redesign. I want to show the nature of the problem. One .way.,clearly to keep housing affordability costs in chedk is again, the cluster around the infrastructure here, just exactly as Miss Potenza anticipated, we have a pie shape where actually in this case we may only have a 50 foot buffer . . . lots of space . I 'm not asking for any particular kind -cf comment, I 'm just trying to point out the philosophy of doing affordable housing aiid then the kind of issues it raises in drafting . . . SUPERVISOR BORGOS-Okay, you asked for the 80 feet. Are you saying now 80 really isn't good enough? MR. ADAMS-=Well if we had to, I suppose we just have to go back and . . . SUPERVISOR BORGOS-No , we don' t want you to do that. We want to accomplish what you have on paper. COUNCILMAN MONAHAN-Steve , I don't think you can go down to less than 80 feet. SUPERVISOR_BORGOS-A typical city lot is 50 feet. COUNCILMAN MONAHAN-I know but we are not a city and we ' re trying to get rid of those kind of choppy looking lines, I have seen them in my area and they are not. . . SUPERVISOR BORGOS-How can we give the Planning Board the fexability. MR. ADAMS-Lets try to simplify it, lets try to go first, for authorizing it down to 80 ' we will just try to come up with some way to comply with it . SUPERVISOR BORGOS-Make it a little larger, . . MR. ADAMS-. . . it will add some costs but if it is spread out over the entire project it will not be as much as if every unit had an extra 2500 dollars in it . We would of course have to clear that through New York State Affordable House . COUNCILMAN POTENZA-I am not quite sure but isn't Cottage Hill approximately 501 ? SUPERVISOR BORGOS-Cottage Hill section probably about 501 . That was standard, that was a big lot, 50 by 100 . COUNCILMAN POTENZA-It wasn't until November of 89 that we went to acre lots . COUNCILMAN MONAHAN-You see the problem though Steve is you go by all those lots . . .now they got a lot of possessions, that got to be put someplace . SUPERVISOR BORGOS-People even have cars now, and they didn't back in the 40 ' s and 50 ' s . COUNCILMAN MONAHAN-I can remember when people came to the lake, a family came to stay, the last one who came to the lake drove the car sometimes they stayed home . . .they just did not have it all floating around. SUPERVISOR BORGOS-I will ask our Attorney what he ' s got. ATTORNEY DUSEK-Let me try this and see if it is what you wanted. Number 1 would read as follows : The subject premises shall be developed in accordance with the cluster provisions of article 14 of the Town of Queensbury Zoning Ordinance as the same may be amended from time to time and shall include at least 50% open space, a 50 ' buffer zone s0 1 , locateq on and circumscribing the entire parcel and lots with 80 ' lot frontages . COUNCILMAN MONAHAN-We only had 40%. ATTORNEY DUSEK-40% SUPERVISOR BORGOS-How about lots with a minimum bf 80 ' so they can go higher . COUNCILMAN MONAHAN-Now, . . . cluster provisions of article 14 what about the fact that in there it says the minimum size for clustering for SR-20 is 10, 000 sq. ft . ATTORNEY DUSEK-They will have to obtain a variance for that unless you want to address it now. COUNCILMAN MONAHAN-I just wanted to point that out. SUPERVISOR BORGOS-Any further discussion, is that acceptable, I like that. ATTORNEY DUSEK-The other clause I take , which I should have mentioned is the sentance that says , Said greenspace shall be owned and maintained, it would be now, said openspace and buffer zone shall be owned and maintained by the homeowners associatioh. COUNCILMAN MONAHAN-We left the buffer zone 50 ' because the balance of at least 30% is open space, is that right. ' MR. ADAMS-40% includes the 50 ' buffer. COUNCILMAN MONTESI-The buffer and the open space is all inclusive in the 40% . . . ATTORNEY DUSEK-Can I read that to you one more time to make sure Darleen has it right in the record? The subject — premises shall be developed in accordance with the cluster provisions of Article 14 of the Town of Queensbury Zoning Ordinance as the same may be amended from time to time and shall include at least 40% open space and buffer zone, said buffer zone to be a 50 ' buffer zone located on and circumscribing the entire parcel . COUNCILMAN MONAHAN-Wait a minute no, we were not concerned, or were we, 50 ' back from the road side . MR. ADAMS-You probably cannot circumscribe the entire parcel , because you have driveways and one thing or another. What if we just had the 50 ' buffer between the neighboring properties . . . frankly of course this is all Niagara Mohawk land back in here, we had thought we try to make a little push back in - here where for maintenance reasons, shoving s.now or something like that. . .reasonably we also could get 50 ' here, but certainly what we want to make sure of is that we have 501 .on these two sides . COUNCILMAN MONTESI-Which would be east and west COUNCILMAN MONAHAN-Does Niagara Mohawk have a power line through there . . . MR. ADAMS-No, it would be north and south. . .here is the arrow. COUNCILMAN MONAHAN-I wonder if they might be doing something with that in the future, how big that piece is? MR. ADAMS-It is part of a very large parcel . COUNCILMAN MONTESI-Part of their dam. r 81 COUNCILMAN MONAHAN-So, I almost think that they got to do it , on thrre sides, really. COUNCILMAN MONTESI-If you do it on the southern side . . . if you do it on the eastern here, you are , groirng to have a problem trying to do that , the buffer zone . COUNCILMAN MONAHAN-How many feet have you on the squiggley line. MR. ADAMS-I� starts getting problematic if we have to redesign to get 80 ' frontages , then we may have some . . . . 50 ' buffer. COUNCILMAN MONTESI-On the back side . MR. ADAMS-On the back side, I would feel a lot more comfortable if we could limit the buffer to these two sides . COUNCILMAN MONAHAN-Niagara Mohawk has got a big parcel there and they want to do something with it they could buffer their own side . MR. ADAMS-They can buffer their own side . COUNCILMAN MONTESI-Or we could mandate that. MR. ADAMS-This track here is undeveloped to Sherman Island Road. SUPERVISOR BORGOS-How do you feel , North and South. . . ATTORNEY DUSEK-It would be at least 40% of the property as open space and buffer zone with 50 foot zone to be located on the North and South sides of the subject parcel and lots with a minimum of 80 ' frontage would be acceptable . SUPERVISOR BORGOS-0k, so that satisfies that whole paragraph? Now according to my records that takes care of the language . ATTORNEY DUSEK-I have a couple more, I kind of found these we were going through, there is only a few pages, in the second Whereas clause where it says, Whereas the Town Board of the Town of Queensbury recognizes a need, I would like to recommend that you put in a continuing need for affordable housing in the Town of Queensbury and further recognizes the need to refine and revise zoning ordinances to permit further development of the same thereby I feel indicating that you are not saying that there is none here but that you are increasing what you have . Likewise down in the fourth it would now be the fifth Whereas clause the fourth typed Whereas clause, Whereas the rezoning request for the property bearing Town of Queensbury Zoning Map Book No . comes at a time when general and permanent zoning regulations concerning the increase of affordable housing have not yet been developed. Let' me see if there are any other ones , in the next page the first full Whereas clause on that page. . . COUNCILMAN MONAHAN-That does not make sense english wise, the increase in affordable housing, shouldn't it be affordable housing sites? ATTORNEY DUSEK-Yes . COUNCILMAN MONAHAN-It just did not read right before . ATTORNEY DUSEK-On the next page where it says, Whereas, the Town Board views the opportunity presented in the rezoning request as consistant with the ultimate development of zoning regulations, here I would recommend instead of I think you had which permits affordable housing I would recommend that itr say, which would result in further 82 affordable housing being permitted in various areas of Town. That would be all the recommendations . SUPERVISOR BORGOS-Now, I think we have gottenf to the end. Now, for the tough philosophical part, death to the easy part. COUNCILMAN MONTESI-Maybe . COUNCILMAN MONAHAN-Can I ask Mr. Adams a question out of curiosity, why when there are a lot of lots that you could infill would you go through all this trouble . . . can you take that grant money and use it for lots that already could be -- used for affordable housing? MR. ADAMS-Theologically you could but it is just not economically feasible . COUNCILMAN MONAHAN-The infrastructure is there I am talking about lot, most of them have water and they have got the roads . MR. ADAMS-Unfortunately the cost of the infrastructure, I mean the infrastructure being there, places the costs of the lots into a premium condition, so the culmination of infrastruc,ture plus land cost is substantially greater than land which is developed like this track. COUNCILMAN MONAHAN-Have you checked these because these are lots that are, I am only saying substandard in size according to our . . .regulations and that is why . . . MRS . ADAMS-Mrs . Adams , telling you right now there is no way we could have packaged a grant using infill lots, each lot would. have had to have a separate environmental report on it each lot under state law, we had to have an archelogist out there it was very expensive. COUNCILMAN MONAHAN-I was just thinking with this already . approve that maybe you could miss some of this . MRS. ADAMS-Our whole . . . submitted on a specific site that meets a lot of site conditions as far as being environmentally usable as far as . . . COUNCILMAN MONAHAN-Even though these lots were already approved, they would still put you through this whole mess . MRS . ADAMS-For each lot. COUNCILMAN MONTESI-There is a group that has been building affordable houses in our community for the last five or six years and that' s the VOTEC group, Fred Champagne would love to build a house in Queensbury on one of these infill lots, the problem is that he has got to get the lot under 10, 000 dollars in order to put an affordable 50 or 60 thousand dollar house on it . . .here is a guy out there aggressively pursuing free labor and it is training session and the time some of the bankers and some of the people in town are very, very helpful to the votec group they are having a hard time finding a lot to build on in Queensbury, they build them in Kingsbury, in Hudson Falls in South Glens Falls . SUPERVISOR BORGOS-At the same time we should reinforce the fact that there are affordable houses in Queensbury. COUNCILMAN MONTESI-1 , 100 of them if you can buy a lot for Tess than 10, 000 in Queensbury, Fred Champagne will be the first guy that wants it . SUPERVISOR BORGOS-We are currently searching for a lot for that organization to be able to build . . . r MRS . ADAMS-And one other thing I would site is, even though 83 this is a specific grant we recognize there are infill lots that is what we wanted to do in the first place, we tried really hard, we tried small lots we did a survey of every, Homefront we had the whole Board out there,, Dr. Bitner, we had everybody looking for lots this was not an easy thing to come up with. I think that Homefront will continue to look for ways . . . . I hope they will they will continue to look for ways to use infill lots . . . COUNCILMAN MONAHAN-On those kind of lots, archelogical studies seems to be so stupid, because I could go out and build on it and not have to do all that kind of stuff . MR. ADAMS-It is when the State . . . SUPERVISOR BORGOS-Before we ask someone to introduce this resolution we have representatives of Homefront here, what do you think about what you have heard? All I want is a yes or no, does what we have done . . . COUNCILMAN MONAHAN-I would like to see a 'cleaned up copy of this I think before we vote on this , is there anyone in your office that can run. ATTRONEY DUSEK-No, not now. SUPERVISOR BORGOS-I think we have made note as we have gone through, that is why. COUNCILMAN MONAHAN-I hope so, but normally we looked at a cleaned up copy to make sure everything has got into it before we do it, I just assumed that we would. COUNCILMAN MONTESI-We have got pertinent stuff that we have nailed down, numbers . . . SUPERVISOR BORGOS-I want to find out if they are agreeable `— to what we have recommended before we go to the exercise of doing any voting or doing anything else. Lets ask that question, is this acceptable as is before we take any more action. MR. ADAMS-. . .Homefront ' s comments as well , from the standpoint of having to deliver the goods on a project we would, we think that you have made an extremely good effort here and we are hopeful that if we can get the same kind of cooperation with the ZBA and the Planning Board that this project can in fact get built, we think as of this moment that dealing with these conditions the project is a duable project it is a feasible project and we think we can get this cleared by New York State Affordable Housing Corporation. SUPERVISOR BORGOS-I will ask our Attorney, have you taken enough notes that you are comfortable that between your notes and the Clerk' s tape you would be able to re-produce what we talked about. ATTORNEY DUSEK-I think that my notes are not all that great but I think the record from the Clerk, quite frequently what will happen is after a meeting she will listen to a tape and sometimes I will listen to parts of tapes to be sure that we have captured exactly what the Board would want and then also we would draw the Board' s attention of course that you eventually read the minutes and approve them and certainly if it was not the way you intended it, corrections could be made at a later date as well . You do have that available to you although there is also the argument that you might want to see drafted out. . . SUPERVISOR BORGOS-My observation is that we have met again and we seem to have reached an understanding upon which to base some type oaf action. I very honestly would hate to have to go back through this whole thing again at a meeting 84 4 two weeks from now, it would be a public meeting and most of these people probably would come back again to watch and see what happens if we have indeed reached some type of agreement on this I would like to vote on 1 teyes, no, one way or the other and get rid of it, because it has taken a great deal of our time so far. That is the direction I would like to move in, but I would like someone to introduce the resolution with the amendments as -agreed upon here this ev'vning. COUNCILMAN POTENZA-I will introduce the resolution Amending Zoning Ordinance to Change the Designation of Property (Tax Map No . 148-1-7 . 1 ) From SR-lA to SR-20 with the amendment and the corrections made by the members of this Board and the Legal Council . COUNCILMAN MONTESI-Seconded Motion. RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY (tax map no. 14871-7 . 1) FROM SR-1A to SR-20 RESOLUTION NO. 474, 1990 , Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi : WHEREAS, Anthony P . Ricciardelli , Jr. , Carol A. Ricciardelli , and Robert Ricciardelli petitioned the Town Board of the Town of Queensbury for a zoning change of their property (Town of Queensbury Zoning Map Book as No. : ' 148-1-7 . 1) from SR-1A to SR-20 and have indicated that the purpose of the Request for Rezoning is to arrange for the construction of affordable housing units for families having annual incomes no greater than 120% of the median family income in the Town of Queensbury and, hopefully, secure grant assistance for homeowners from the New York State Affordable Housing Corporation, and WHEREAS , the Town Board of the Town of Queensbury recognizes _ a continuing need fro affordable housing in the Town of Queensbury and further recognizes the need to further refine and revise zoning regulations to permit further development of the same, and WHEREAS, the previously stated goal and desire would appear compatible with the Town of Queensbury Comprehensive Land Use Plan, and WHEREAS, the Town Board is aware of the issue of high perk, soils, and the information in the Land Use Plan and the same has been addressed in the previous SEQRA resolution adopted by the Town Board and will be further mitigated by the conditions set forth by this resolution, and WHEREAS, the rezoning request for the property bearing Town . of Queensbury Zoning Map Book No . : 148-1-7 . 1 comes at a time when general and permanent zoning regulations concerning the increase of affordable housing sites have not yet been developed to the extent desired by the Town Board of the Town of Queensbury, and WHEREAS , although the Town Board of the Town of Queensbury would rather develop general and permanent regulations, the said Town Board recognizes an immediate need to begin permitting an area of Town in which additional affordable housing could be developed, and WHEREAS, the said Town Board views the opportunity presentd in the rezoning request as consistent with the ultimate development of zoning regulations which would result in further affordable housing would be permitted in various areas of the Town and not necessarily in one given zoning district, and r WHEREAS, if the Town Board of the Town of Queensbury were to 85 ti. allow the rezoning requested, the said Town Board would want to be sure, to the fullest extent possible, that the property be used for the development of affordable housing and that the development of the property is h4rinonious and compatible with adjoining properties , and WHEREAS, the Town of Queensbury Planning Board has taken no action concerning the said rezoning due to a 3 to 3 tie vote on the issue, and WHEREAS, the Warren County Planning Board has recommended approval of said petition, and I WHEREAS, a public hearing was held on this matter on July 23, 1990, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the- conditions and circumstances of the areas to be rezoned, NOW, THEREFORE BE IT RESOLVED; ' that the Town Board of the Town of Queensbury hereby determines that the area, location, nature, and character of the property to be rezoned are suitable and adequate for the requested use and rezoning and that the granting of the application would not adversely affect the present character of the area in which the rezoned property lies , and BE IT FURTHER RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Anthony P. Ricciardelli , Jr. , Carol A. Ricciardelli , and Robert Ricciardelli (Town of Queensbury Zoning Map Book No . : 148-1-7 . 1 ) to SR-20, thereby authorizing all uses permitted under Section 4. 020-G of the Town of Queensbury Zoning Ordinance in such area, upon the following conditions : 1 . The subject premises shall be developed in accordance with the Cluster Provisions of Article 14 of the Town of Queensbury Zoning Ordinance as same may be amended from time to time, and shall include at least 40% of the property as open space and buffer zones, with 50' buffer zone to be located on the north and south sides of the subject parcel and lots with a minimum of 80 ' frontage would be acceptable. Said open space and buffer zone shall be owned and maintained by a Homeowner' s Association of all lots owners, with the same to be evidenced in a written agreement which shall be filed in the Warren County Clerk' s Office . 2 . After establishing the open space and buffer zones provided for herein, the subject premises shall be developed into the maximum number of lots allowed under the Town of Queensbury Zoning Ordinance, as same is hereby amended, and no construction of any kind shall occur until all necessary Town of Queensbury approvals shall have been obtained to develop the property in accordance with these conditions . 3 . Infrastructure improvements shall be completed within two (2) years of commencement of same . 4. Developers/owners shall , pursuant to Section 277 of Town Law, furnish to the Town of Queensbury a performance bond or 2 year irrevocable letter of credit sufficient to cover the cost of completion of all infrastructure improvements, prior to construction of any buildings on the subdivision lots . 'Such performance bond shall be issued by 86 1 a bonding or surety company approved by the Town Board of the Town of Queensbury and approved, as to form, sufficiency and execution by said Town Board. 5 . The subject premises shall be developed for the purpose of constructing and selling additional , affordable, quality, single family housing in the Town of Queensbury, as contemplated in the Comprehensive Land Use Plan -of the Town of Queensbury. Said construction and initial or original sales to be performed by, through, or under the sponsorship of a non-profit corporation such that (a) the sales prices and mortgages on at least one-half of the dwelling units will be in amounts that can be approved for families having annual incomes no greater than 100% of median family income in the Town of Queensbury and (b) that initial or original sales prices and mortgages on all other dwelling units will be in amounts that can be approved for families having annual incomes no greater than 120% of median family income in the Town of Queensbury. The lots which will be subject to conditions set forth in (a) or (b) hereof shall be designated prior to final site plan approval . "Median family income" for the Town of Queensbury shall be estimated and fixed by the Planning and Community Development Department of Warren County. Other than the developement of single family housing provided for herein, there shall be no other type-of development of the property. 6 . Owners of the property or developers or agents thereof are required to submit an application to the New York' State Affordable Housing Corporation for a grant which may be used to assist homeowners in purchasing houses to be developed on the aforesaid parcel to be rezoned and the said owners, developers , or agents thereof are required to use due diligence in making the aforesaid application and attempting to receive the funds for the development of said property. The application referred to herein shall be made and a response obtained from the New York State Affordable _ Housing Corporation before the commencement of construction of any unit upon the property to be rezoned. 7 . A Declaration of Covenants and Restrictions shall be executed and filed by the developers, property owners, and the Town Supervisor, on behalf of the Town Board of the Town of Queensbury, which Declaration shall set forth the above conditions and which shall also provide that the same may not be revised without the prior approval and written consent of the Town Board of the Town of Queensbury following a public hearing on said revisions, which said public hearing shall occur only after at least ten (10) days after notice of the time and place of such hearing shall have been published in a paper of general circulation in the Town and posted on the sign board maintained by the Town Clerk in accordance with the Town Law, and BE IT FURTHER RESOLVED, that the amendment to the Zoning Ordinance provided for and ordained herein shall not become effective until such time as the above-referenced Declaration of Covenants and Restrictions shall be filed and recorded with the Clerk of the County of Warren, State of New York, and BE IT FURTHER RESOLVED, that the Zoning Ordinance for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, the zoning map shall be noted and refer to this Resolution and the written Zoning Ordinance of the Town of Queensbury shall be supplemented by this Resolution, and BE IT FURTHER RESOLVED, that pursiifant to the requirements of Article 11 of the Town of Queensbury Zoning Ordinance and Section 265 of 87 the Town Law, the Town Clerk shall , within five days, direct ' that a certified copy of said changes to the Zoning Ordinance be published in the Glens Falls Post Star and obtain affidavits of said publication, and BE IT FURTHER RESOLVED, that this amendment shall take effect ten (10) days after said publication or upon the filing -of the said Declaration ' of Covenants and Restrictions with the Clerk of the County of Warren, whichever shall occur last. Duly adopted this 20th day of August, 1990, by the following vote: Ayes : Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : Mr. Kurosaka Absent:None (Comments made during the roll call vote) COUNCILMAN KUROSAKA-Before I vote , I am voting on my conscience, and what phone calls I received from my constituents , I am voting no . . COUNCILMAN MONAHAN-A reluctant yes . On motion the meeting was adjourned. Respectfully, Miss Darleen M. Dougher Town Clerk I r