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1995-11-13 SPECIAL TOWN BOARD MEETING NOVEMBER 13, 1995 4:02 P.M. MTG#61 RES#575-581 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT (entered meeting 4:15 p.m.) BOARD MEMBERS ABSENT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, JOHN GORALSKI, P AUL NAYLOR, DARLEEN DOUGHER, MARIL YN VANDYKE, STEVE LOVERING, CATHY GEOFFROY DISCUSSIONS RECREATION FEE - MICHAEL CRA YFORD PRESIDENT OF BUILDERS ASSOCIATION OF NORTHERN NEW YORK - TED BIGELOW WARREN COUNTY BOARD OF REAL TORS MR. CRA YFORD-Spoke to the Board requesting the Town Board to change the Town Law pertaining to payment of Recreation Fees for new subdivisions allowing payment at the time a building permit or CO is issued. Noted for a developer it is a hardship to come up with the funds all at one time. MR. BIGELOW-Noted they are not advocating reducing the payments looking just to change the time of the payment. Noted they feel it is a good time to do this because there are not a lot of subdivisions with a lot of empty lots right now. Part of the reason they formed the coalition was to look at ways to spur some economic development in the town. COUNCILMAN MONAHAN-Noted she would like to look into this further before she makes her decision. SUPERVISOR CHAMPAGNE-Noted he would like to spend some time with the board to analyze the pros and cons of going this route, noting he understands what the developer is trying to do. COUNCILMAN MONAHAN-Noted if the town does do this you should look into the affect it would have with the bookkeeping of this in the Community Development Department. EXECUTIVE DIRECTOR, MR. MARTIN-Noted they would have to make sure their records are in order to track this as the lots come in for building, noted it could be part of the building permit application. Recommended doing this at the building permit time and not upon CO. SUPERVISOR CHAMPAGNE-Need to take a hard look at this and see if Mr. Martin's office can recommend this. LOT 30 DRAINAGE EASEMENT STONEHURST SUBDIVISION CHARLES MAINE PRESENT MAP PRESENTED EXECUTIVE DIRECTOR, MR. MARTIN-In the original subdivision plan there was a drainage easement shown through it and the drainage easement consisted of an open trench to the rear of the lot. What has happened the house was situated partly in the drainage easement. In order to compensate for the drainage they put a close pipe in the ground. The concern is that they had an open air trench with its infiltration capability now we have a solid pipe. Need to see if the infiltration capacity is still there, noting letter received from Tom Nace, Haanen Engineering indicating that to be correct. Mr. Martin would like to have this reviewed by Rist Frost to make sure everything is in order before the town signs off on it. COUNCILMAN MONAHAN-Noted when Rist Frost looks at this she would like to plan for something in excess of a fifty year storm. MR. MAINE-Noted technically he should have moved the drainage easement over years ago. ATTORNEY DUSEK-The drainage easement as positioned on the map is what was approved by the Planning Board and it was deeded to the Town of Queensbury. What has happened the house has been built into our drainage easement and now the developer would like to move the drainage easement to a new location and change the character of it. It was suppose to be an open drainage ditch he now wants to make it a pipe and move the location. In order to do this he would an approval from the Planning Board and an approval of the Town Board, noting only the Town Board can exchange one easement for another. The concern is whether or not the drainage easement as its now setup with a pipe will function as effectively as the old one did with the open drainage ditch. EXECUTIVE DIRECTOR, MR. MARTIN-The major change is you are going from an open air trench to a solid pipe. COUNCILMAN MONAHAN-Questioned where it will go after it leaves there? ATTORNEY DUSEK-Right now it is proposed that it day lights at the end of that property. This was the other concern is whether or not there is more watering that area than there ought to be had there been an open ditch. COUNCILMAN MONAHAN-Noted will have to see what the effect will be on the adjoining property owner. ATTORNEY DUSEK-Noted the letter submitted doesn't answer the issues. PAUL NAYLOR, HIGHWAY SUPERINTENDENT-Noted his concern with them building on the drainage easement. Has had problems in the past with piping water onto someone else's property. Would like to see it in writing that the property owner to the south is agreeable. EXECUTIVE DIRECTOR, MR. MARTIN-Noted the contractor indicated he is willing to take up the pipe and recreate an open air ditch between the properties, noting they are not committed to the close pipe. SUPERVISOR CHAMPAGNE-Noted the board is looking for something more detailed something that the town engineers can review that Tom Nace has given his staff of approval that it will work. MR. MAINE-Questioned when they could start working with the engineer? EXECUTIVE DIRECTOR, MR. MARTIN-Noted he tried contacting the engineer today he wasn't in, noting they can start as soon as he is able to contact him? COUNCILMAN GOEDERT -Questioned at whose cost is the town engineer working? MR. MAINE-Noted he is the one that would be getting the bill. ATTORNEY DUSEK-Questioned if Mr. Maine would agree to this on record? MR. MAINE-Noted he would have to pay for that. COUNCILMAN GOEDERT-Questioned if he was building the house? MR. MAINE-He is the landowner, noting it is a situation he wished he corrected years ago. HUDSON POINTE PROPERTY REZONING DAN LUCIANO - OPEN SPACE INSTITUTE JOHN GORALSKI, CODE COMPLIANCE OFFICER-Spoke to the board regarding the agreement with Open Space Institute. Noted the Open Space Institute agreed to spend $20,000 in developing the preserve during the calendar year 1995 noting this is not going to happen. If this doesn't happen and you get to December 31 st, then the developer will be in violation of his agreement. MR. LUCIANO-Noted OSI is still awaiting to receive a fully executed agreement. ATTORNEY DUSEK-Everyone has signed the agreement the problem being everyone signed in counterparts. As a result there was never one master agreement. The one that OSI signed with the town was sent to Attorney Mike O'Connor. Mr. O'Connor in turn was to get Hudson Pointe's signature on that and then record all documents for the road dedication. The agreement between the Town and OSI has been signed in his opinion OSI is liable on the terms of the agreement. MR. LUCIANO-Noted the main problem is that there has been some major turnovers with key staff positions within the organization and he is the one who is now responsible for carrying through on this preserve. To date they have put in a gate to try and close down vehicle traffic. Spent money on signs and posted the boundaries noting he has been out in the field with the surveyor to reconfirm the boundaries. Wheeler Sign Company will be preparing a permanent entrance sign board this will take a few months. Will also be preparing additional directional signs to bring people in from the highway to the preserve, noting they will be ready in a few weeks. The biggest component of the management plan will be getting the permit and building the wetland boardwalk. Saratoga Associates will be drawing the plans and submitting an estimate, does not know how long this would take. They will also need a State Freshwater Wetland Permit for this project. COUNCILMAN MONAHAN-Questioned when people will be able to use the walking trails? MR. LUCIANO-It is open to the public now. COUNCILMAN MONAHAN-The Michaels Group was going to make the parking lot convenient. JOHN GORALSKI, CODE COMPLIANCE OFFICER -This is one of the things that has been talked about. Until the additional loop road is installed they've talked about providing parking at the end of Sherman Island Road, there would be enough room for people to park. COUNCILMAN MONAHAN-Noted it was part of the agreement that there would be a temporary parking lot put in there. ATTORNEY DUSEK-There is a temporary easement it is a separate document. MR. LUCIANO-The temporary easement is where the road will go and right now it is still a heavily wooded area. Awaiting an alternative for the short term approach. COUNCILMAN MONAHAN-Questioned if they will be able to park down by the barrow pit. MR. LUCIANO-The proposal would be to put a sign indicting to people that they could park along the sides of the road at the end of Sherman Island Road. Noted he is working on the trail system and will try to get volunteer labor regarding the trail. SUPERVISOR CHAMPAGNE-The purpose tonight is to try and arrive at a calendar of events. EXECUTIVE DIRECTOR, MR. MARTIN-Recommended an extension of the agreement until June 30th to allow adequate time to do the job. SUPERVISOR CHAMPAGNE-Asked Mr. Luciano to put together some kind of commitment in terms of time. MR. LUCIANO-Questioned if he should write a letter to the board committing to a timetable and have it countersigned by the board? ATTORNEY DUSEK-Questioned if the board was in agreement with the extension? TOWN BOARD-Yes. ATTORNEY DUSEK-Noted that Mr. Luciano should address the letter to the board, but send it to his office. PROPOSED TELEPHONE SYSTEM TOWN CLERK DARLEEN DOUGHER - TOWN COMPTROLLER CATHY GEOFFROY Discussion held on the proposed telephone system for the town. It was noted that AT&T is now on New York State Contract so they could forego the engineering fees and buy on state contract. Ms. Geoffroy and Ms. Dougher noted they met with a representative from AT&T and AT&T came back with a total cost for the Town Office Building, Cemetery, and Landfill, Parks & Recreation, and the Court with $52,250, the Water Dept. Fund it would be $11,700 with the total monthly savings of $1,500. Supervisor Champagne asked for references from other municipalities. After further discussion it was the decision of the Town Board to have a representative from AT&T come in and meet with Department Heads to discuss the number of phones each department would need. URBACH, KAHN, & WERLIN - EXTENDED CONTRACT MS. GEOFFROY-Spoke to the board regarding two proposal letters received from Urbach, Kalm, & Werlin. Noted one is for one year and one is for three years. Questioned what direction the board wanted to go with the audit if the board would want a one year contract, two year contract, or go out to bid? TOWN BOARD-In agreement of doing a two year contract. COUNCILMAN MONAHAN-Questioned if everything that they are saying they will do is what the town needs to have done? MS. GEOFFROY -Yes. This includes everything through the federal monies. COUNCILMAN MONAHAN-Questioned if the HUD money should be a separate item? ATTORNEY DUSEK-Noted it should be separate in the proposal letter. BAY RIDGE FIRE COMPANY BORROWING PLAN Discussion was held on the Bay Ridge Fire Company truck fund. It was the decision of the Town Board to have Ms. Geoffroy, and Councilman Goedert meet with Mr. Evans to discuss this matter. HUDSON RIVER PARK UPDATE ATTORNEY DUSEK-Spoke to the Board regarding Hudson River Park. Noted on August 21, 1995 the board adopted a resolution which defined what the park would look like. In addition to identifying the problem the board started the SEQRA process and O'Brien and Gere Engineers did a Phase I Environmental Audit of the site. Since this date O'Brien and Gere has completed their review and basically the site has come up cleaned. In addition to that the SEQRA review process has been started for the project all the agencies have been notified. The agencies have responded and have indicated they have no objection to the Town Board being the lead agent for the project. The Board of Supervisors has approved a format for a licensing arrangement for the park because the park was donated to the county. As a park the county cannot convey it to the town without an act of the state legislature, but they can give us a revocable license which is what they've agreed to do. It's a matter of working out that agreement with the county which is proposed to be completed before the end of the year. Spoke to the Board regarding setting up a time line for the project. The first step should happen at the next regular board meeting which the Town Board will declare themselves as the lead agent. At the December 4th meeting hopefully the Town Board would be able to complete the SEQRA process. In order to do this the board will need a variety of information, noted several people that will be involved in this process. At the December 4th meeting anticipates the board doing one of three things. After looking at the information the board can either adopt a negative declaration after finding no significant effect, or can find that they will need more information, or say there is a significant effect and would want an environmental impact statement done which would study the particular issues. If the project is ready to go ahead then a resolution would be prepared for that same evening setting the project in motion which would then it would be subject to a thirty day permissive referendum. The agreement with the county will be tentatively finalized subject to any approvals needed from the permissive referendum. By March hopes that the bids for construction will be advertised by the end of March it is hoped that the bids will be opened. In April construction could start by October construction would be finished. Noted this is a tentative schedule based on if a negative dec is issued, noted that is for the board to decide. COUNCILMAN MONAHAN-According to the grant that the town has to expend the money by the end of 1996. ATTORNEY DUSEK-If that happens then the town will have to look into whether or not extensions are possible on the grant. COUNCILMAN MONAHAN-Questioned if the Recreation Commission knows that they will have to go out for requests for proposals? ATTORNEY DUSEK-Noted they are aware of the procedure. SOLDIERS MONUMENT RESTORATION PROJECT MARIL YN VANDYKE, TOWN HISTORIAN-Spoke to the Board regarding the restoration project for Soldiers Monument. The Adirondack Civil War Round Table, a community volunteer group has met and has discussed various aspect of their study of the civil war. They have appointed a sub-committee to look into the restoration of the monument, noted that she has been appointed and Councilman Monahan to serve on committee. The committee is planning to go out and seek the bid of a conservator that would come in and assess the problems with the monument with the bids for the conservator expected to go out within this week. The cost of having a conservator come in would probably be somewhere between $10,000 to $11,000, of this amount $10,000 has already been funded by the City of Glens Falls and $10,000 by Sandy Hill. If the monument is restored and put back into the kind of condition that they feel they would like to have it in the cost of that project would be somewhere between $85,000 and $100,000. It is hoped that those funds would be raised from a variety of sources. It is projected that by refurbishing the monument it could mean that the monument might last for another 100 years. Spoke to the board regarding the history of the land and of the monument (presented deed to board members). Noted that the restoration group would be more than happy to come in and explain process to the board. ATTORNEY DUSEK-Recommended that if there were to be any municipal funding it will be extremely important that whatever group that decides to take this put together proper agreements before money is expended. SUPERVISOR CHAMPAGNE-Asked the Town Attorney to put a letter together responding to this matter. ATTORNEY DUSEK-Noted if the town does own this they could never have abandoned it, no one can take this by adverse possession. Noted there is a deed into the Town of Queensbury until he sees something different assumes that the town owns this. PRIVATE ROADS NAMES Discussion held regarding certain private roads. Councilman Monahan noted her concerns regarding certain roads. Supervisor Champagne to have Dave Hatin, Director of Buildings and Codes attend meeting to answer questions regarding this matter. Councilman Goedert noted that the town needs to meet with the Sheriffs Department regarding the numbering of Aviation Road, noted that it is numbered wrong. DISCUSSION HELD SUPERVISOR CHAMPAGNE-Spoke to the board regarding a letter received from Dan Olson recommending Marilyn Potenza to replace the vacancy of Betty Little on the Board of Supervisors for one month until Mrs. Potenza is able to take office officially in January. After further discussion it was the decision of the Town Board to have Attorney Dusek prepare a resolution regarding the vacancy for the next regular meeting. RESOLUTIONS RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 575,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: Queensbury Water Fund (40) TO: West Glens Falls Water (46) $ AMOUNT 20,000. and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 13th day of November, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:Mrs. Pulver DISCUSSION HELD MS. GEOFFROY, COMPTROLLER-Spoke to the board regarding certain miscellaneous items pertaining to the budget. PUBLIC HEARING CHANGE OF ZONE - JOSEPH MONSOUR NOTICE SHOWN OPEN 6:30 P.M. MR. MONSOUR PRESENT MAP PRESENTED TO BOARD SUPERVISOR CHAMPAGNE-Why don't you tell us what your plans are and bring the board up to date. MR. MONSOUR-It was a partial rate its right in the center of the parcel there. I'm trying to make it uniform... . COUNCILMAN TURNER-Jim did you research those little pieces of property where they included in this property? DEPUTY TOWN CLERK O'BRIEN-I have his application. EXECUTIVE DIRECTOR, MR. MARTIN-One is the Town of Queensbury's it's the small one. MR. MONSOUR-That's the Town of Queensbury's right here. COUNCILMAN MONAHAN-But, all ofMr. Monsour's land is the same side of the brook as the zoning is it doesn't go across the brook does it? EXECUTIVE DIRECTOR, MR. MARTIN-The property line is the center line of the brook. The town owns a little wedge piece in here. COUNCILMAN MONAHAN-Was that town land some of that stuff is on? COUNCILMAN TURNER-Last year he has his flowers on... COUNCILMAN MONAHAN-There are pallets and everything... EXECUTIVE DIRECTOR, MR. MARTIN-They are back in here along the edge of the woods here. I think technically speaking a couple of your picnic tables... MR. MONSOUR-No. It's way back behind the trees. EXECUTIVE DIRECTOR, MR. MARTIN-Okay then your picnic tables are probably in here. MR. MONSOUR-There over in here, see. Back here there is nothing in there, there is a lot of brush right in that area. Weare just trying to make it uniformed. EXECUTIVE DIRECTOR, MR. MARTIN-It's this section right here that's SFR-l acre. COUNCILMAN TURNER-I think the reason that was left like that was because the people on the other side of the brook owned that piece ofland that's in there. MR. MONSOUR-I bought that parcel in 1981. COUNCILMAN GOEDERT-You bought that separate from your original site? MR. MONSOUR-Right. It was hook onto a house over here on Glenwood, I think his brothers owned the house at one time. EXECUTIVE DIRECTOR, MR. MARTIN-That little cape. MR. MONSOUR-The brown house a dentist owns it now. The guy I bought it from he worked for General Motors there. But, anyway when the town did the rezoning I think it was 1988 now that should of been picked up then and changed they must of overlooked it. COUNCILMAN TURNER-It wasn't overlooked. I think the thought was that this went with that and that's why they left it like that. MR. MONSOUR-How could it? COUNCILMAN TURNER-We only had a map like that we didn't have a tax map. MR. MONSOUR-Somebody must of made a mistake, I don't know. COUNCILMAN TURNER-I think that's what happened. MR. MONSOUR-I think before then it was commercial right over to here. When they changed it they changed it to be commercial too Farley's land. SUPERVISOR CHAMPAGNE-Okay, you've heard the request. EXECUTIVE DIRECTOR, MR. MARTIN-You've got to close the public hearing, right? SUPERVISOR CHAMPAGNE-I don't know if the board has anything more to add to the public hearing or how they want to go with what we've heard. Any comments Connie or concerns? COUNCILMAN GOEDERT -No. SUPERVISOR CHAMPAGNE-Anything more Ted from you? COUNCILMAN TURNER-No. SUPERVISOR CHAMPAGNE-Betty? COUNCILMAN TURNER-It's a logical decision to change that because obviously it doesn't benefit anybody only him. COUNCILMAN MONAHAN-My concern is not the rezoning. COUNCILMAN TURNER-I know that's another issue. COUNCILMAN MONAHAN-My concern is with the rezoning. I don't know exactly how this works Ted if that's recommendations to the Planning Board for site plan review. Does there need to be anything there about light pollution? Jim I don't know if your department looked at it like I've asked them too. EXECUTIVE DIRECTOR, MR. MARTIN-Ted and I went up there today. COUNCILMAN MONAHAN-The protection of the brook we need to get those things in and not just leave this hanging if there are areas there that need to be protected. COUNCILMAN TURNER-Let me say this. We went and looked at it today the state is dumping into the river all the stormwater that comes off the road goes right into.... There is a big culvert on Joe's side that dumps right into the brook. EXECUTIVE DIRECTOR, MR. MARTIN-There are four. Two on each side of the road coming from each direction the north and south. COUNCILMAN TURNER-If you look at the way the water runs and Joe is right in a sense, I think some of it ends up in the brook there in the front where it's low. Most of it, the road is pitched towards the other side of the road. The biggest amount of water that comes from anything comes from the gas station adjacent to his property with that drain ditch going right down to the brook. Joe gets some water around that corner down into his lot and a lot of it settles right in the back where the pavement ends and the gravel starts. COUNCILMAN MONAHAN-Yeah, I took a ride over there. EXECUTIVE DIRECTOR, MR. MARTIN-I think if you stand there you can clearly see that the back portion of the lot by the light poles there you are high right there so water is not obviously going from like the center of the parking lot over because there is a little raise in the topography there. COUNCILMAN TURNER-The only water that kind of drains into the brook is in the back where the pavement ends and the gravel starts. There is a big low spot there then there is a ditch that goes down right next to the telephone pole right into the brook. COUNCILMAN MONAHAN-What do you think light pollution as far as the neighbors across the way are concerned? COUNCILMAN TURNER-If you put lights up they should be directed to the front and shielded so the neighbors don't get any effect from it they're not going too. EXECUTIVE DIRECTOR, MR. MARTIN-The lights here Joe that you've got here they have shields across the back and the light shines into the center of the lot? MR. MENSWEAR-It kind of drops down there it is not going to anybody's house or anything is that what you mean? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN MONAHAN-It seems to me that perhaps is this rezoning we need to write that restriction in even though it's happening now. COUNCILMAN TURNER-You've got to look down the road if he sells the property. COUNCILMAN MONAHAN-You should have some kind ofa restriction in that to protect the residential area that adjoins it. ATTORNEY DUSEK-That could be added in. This is going for site plan isn't it? EXECUTIVE DIRECTOR, MR. MARTIN-It's currently in for site plan. ATTORNEY DUSEK-There is always a question whether you put your restrictions or covenants in the zoning ordinance approval or whether you put it in the site plan. Major things like a buffer that was added because of a neighborhood or things that maybe limit uses then I think you want them in the zoning. Things that go to the site that may change depending upon what the site is used for in the future, I would think you might want to consider just letting that go to the Planning Board. Maybe you can make a note of it separately, but I think to keep your zoning resolution clean on something like that I would maybe keep that out of that. COUNCILMAN TURNER-The major change here is nothing but the rezoning of that parcel ofland that zoned SFR. COUNCILMAN MONAHAN-I realize that. ATTORNEY MIKE O'CONNOR-Representing Mr. Monsour. I thought that what you were doing is simply correcting however it got changed before. We looked back before 1988 it was all plaza commercial. In eighty eight somehow somebody thought that this was owned by the people up here. COUNCILMAN TURNER-That's exactly it, that's just what happened. ATTORNEY O'CONNOR-By deed it was owned by your corporation since 1981, 1982. In 1981 it went to Dog Shack Inc., and has been changed around a little bit since then from Dog Shack Inc. This has been commercial long before that eighty eight zoning and all of a sudden it got changed back. That is all I thought you were doing tonight is to straighten out the zone then we go forward with the site plan. SUPERVISOR CHAMPAGNE-I don't think any of us has a problem here with the zoning here do we? We all agree that we ought to be moving along in this direction? COUNCILMAN MONAHAN-My concerns were only the brook and the lighting to protect the neighborhood. LEON STEVES, SURVEYOR-Perhaps the reason for it is of my doing. In eighty eight I was engaged to mark the zoning maps onto the tax maps I took the maps that were made by the county the large scale map and reduced it down and put it on the tax maps. There was a little jog in that line and I assumed that they meant to go around that lot and I did it that way. In hindsight it was just a slip of the pen. PUBLIC HEARING CLOSED DISCUSSION HELD SUPERVISOR CHAMPAGNE-Asked Mr. Martin to go through the non-significance. EXECUTIVE DIRECTOR, MR. MARTIN-Does action exceed any threshold for unlisted action in 6 NYCRR, Part 617.12? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Will action receive coordinated review as provided for unlisted actions in 6 NYCRR Part 617.6? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Will action result in any adverse effects associated with the following? C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage, or flooding problems? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C4. A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C6. Long term, short term, cumulative, or other effects not identified in CI-C5? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C7. Other impacts? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? TOWN BOARD-No. The following resolution was passed. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING RESOLUTION NO.: 576,95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Mr. G. Joseph Menswear (Town of Queensbury Tax Map No. 104-1-12.1), and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Executive Director is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation and mail a copy of this determination to all involved agencies. Duly adopted this 13th day of November, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY 0. JOSEPH MONSOUR (TAX MAP NO. 104-1-12.1) FROM THE CURRENT ZONING OF SFR-IA TO PC-IA RESOLUTION NO. 577, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Mr. 0. Joseph Monsour petitioned the Town Board of the Town of Queensbury for a zoning change of his property (Town of Queensbury Tax Map No. 104-1-12.1) from SFR-IA (Single Family Residential- 1 Acre) to PC-IA (Plaza Commercial- 1 Acre), and WHEREAS, on or about September 21, 1995, the Town of Queensbury Planning Board adopted a resolution to recommend to the Town Board the rezoning of the subject property, with a condition being that the two parcels - 104-1-12.1 and 104-1-18 be incorporated into one parcel, and WHEREAS, the Warren County Planning Board also recommended approval of said rezoning, concurring with local conditions, and WHEREAS, a public hearing was held on this matter on November 13, 1995, 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 area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Mr. 0. Joseph Menswear (Town of Queensbury Tax Map No. 104-1-12.1) to PC-IA (Plaza Commercial - 1 Acre), and BE IT FURTHER, RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and the Town Clerk is authorized to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change of zone and send a copy of this Resolution to the Executive Director of Community Development for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby directed to mail or send a copy of this Resolution Amending the Zoning Ordinance with a letter advising that the Town of Queensbury Zoning Ordinance has been amended as set forth herein to the applicant, if any, Warren County Planning Board, The Town of Queensbury Zoning Board of Appeals, the Town of Queensbury Planning Board, the Director of Building & Codes, and any agency which was an involved agency for SEQRA purposes, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article II of the Town of Queensbury Zoning Ordinance and ~265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect upon filing of the same in the Office of Town Clerk. Duly adopted this 13th day of November, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mrs. Goedert NOES: None ABSENT:Mrs. Pulver DISCUSSION HELD Discussion held with Attorney O'Connor regarding a triangle piece of property. Questioned if the town would be interested in putting it back on the tax roll, noted it is zoned plaza commercial. Noted he doesn't think it has any real value, but since the zoning has been cleaned up you could clean up the property in regard to ownership. ATTORNEY DUSEK-Recommended to board members to look into the issue of how the town acquired this piece of property. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 578, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter of collective bargaining negotiations-grievance lattorney client privilege, one matter assessment litigation/attorney client privilege, one matter personnel/attorney client privilege. Duly adopted this 13th day of November, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 579,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 13th day of November, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 580, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves back into Executive Session to discuss personnel. Duly adopted this 13th day of November, 1995, by the following vote: Ayes: Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 581, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 13th day of November, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None AbsentMrs. Pulver No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen Dougher Town Clerk, Town of Queensbury