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1996-10-21 REGULAR TOWN BOARD MEETING OCTOBER 21, 1996 7:00 P.M. MTG.#42 RES. 412-424 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver PRESENT: William Burns, Comptroller Thomas K. Flaherty-Water Superintendent James Martin-Executive Director Mark Schachner-Town Counsel PLEDGE OF ALLEGIANCE LED BY CONNIE GOEDERT Supervisor Champagne-Welcomed the ACC Communication Class to the Town Board Meeting. RECOGNITION OF FRED A. CARVIN Supervisor Champagne read the following resolution: RESOLUTION OF APPRECIATION RESOLUTION NO. 412.96 INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, the Town Board of the Town of Queensbury of Queensbury has accepted with regret the resignation of Fred A. Carvin, Chairman of the Zoning Board of Appeals, and WHEREAS, Fred A. Carvin has been a member of the Zoning Board of Appeals since March 2, 1992, and WHEREAS, Fred A. Carvin, was elected as Chairman of the Zoning Board of Appeals as of February 27, 1995, and continued on a Chairman until the end of his term, and WHEREAS, Fred A. Carvin, a resident of the Town of Queensbury, has served the community with distinction in this formal position and as an interested and involved citizen. NOW, THEREFORE, I Fred Champagne, Town Supervisor, of the Town of Queensbury, on behalf of the Town Board, do hereby wish to express our sincere appreciation to Fred A. Carvin for his time, effort and outstanding performance during his term on the Queensbury Zoning Board of Appeals, and his continued efforts to make Queensbury a better place to live and work. Given under my hand and SEAL of the Town of Queensbury this 21 st day of October in the year one thousand nine hundred and ninety six. Fred Champagne, Town Supervisor Duly adopted this 21st day of October, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES; None ABSENT: None Mr. Fred Carvin-All I would like to say is there is a awful lot of whereas here. I would truly like to thank the Town Board as well as the members, Jim Martin and all of the above that I have served with as I had told Fred before I really did not do anything that anybody else in the Town wouldn't have done. I do truly appreciate this honor that you have given me tonight. Supervisor Champagne-Thank you Fred, you did an outstanding job. PUBLIC HEARINGS MOBILE HOME APPLICATION OF ELAINE JEFFORDS NOTICE SHOWN Supervisor Champagne-I would like to open the public hearing on the mobile home request of Elaine Jeffords, anyone hear to speak for this mobile home application? Yes, come right to the microphone and introduce yourself, please. Elaine Jeffords-I am Elaine Jeffords, and I requested a mobile home Supervisor Champagne-You are going to have speak directly into the mic please so that everyone can hear you. Elaine Jeffords-Can you hear me now? Supervisor Champagne-That is fine. Elaine Jeffords-Better, now, it still doesn't sound like it is coming through. Ok, again I am Elaine Jeffords, and I do request the variance for my mobile home to be placed on Mountain View Lane. Supervisor Champagne-Thank you very much, I think the Board has had the opportunity to review this application, is there anyone here this evening to speak against the application? Yes, Sir. Richard Cipperly-My name is Richard Cipperly, I own property at the rear of the lot which borders the lot where the application has been filed. I would really like to speak to two issues, one has to do with the replacement of a mobile home which I think you are considering and this really isn't a replacement I understood that in the beginning the replacement section of the ordinance was put in to allow home owners to replacement with a bigger, smaller, newer or more appropriate home. In this case we have a change of property and right now the property is vacant, the mobile home that was there has been removed and I think it would be worth considering the character of the neighborhood before another one is allowed to be placed on the lot. Second has to do with tree cutting on the lot. There is a small wetland and a small stream, a very small intermittent stream on the north end of the property that flows from the back end of Robin Lane where I live and crosses Mountain View Lane. Even if you allow a home to be placed there I would really suggest that you consider limiting tree cutting on the lot to something like cutting no more than half the trees over six inches in diameter within a hundred feet of where ever a structure is placed, just to protect the setting an so on. I think most of our concern on at least on the back side has to be with maintaining a tree buffer that is already on the lot. It is a nice lot covered with pines at the moment I think we are very concerned with keeping that character as it is. Thanks. Supervisor Champagne-Thank you. Anyone else care to speak for or against this application, Yes, Sir. Mr. Neil Lavine-Hi, Good Evening Panel, My name is Neil Lavine, I reside at 119 Mountain View Lane I turn around basically I am the next door neighbor to this property on the north side of the parcel of land that is in question. The parcel of land that turn around the gentlemen said, evidential is on Hummingbird is not necessarily the land that he is referring to. It is going to be a purchase by Mr. Ralph Garafalo and there will be no cutting of trees on this large piece of land, this two point two of acres. It will not developed and so forth so we are not worried about cutting the trees from what I am told from Mr. Ralph Garafalo which is going to be the landowner. I intended to buy the land myself and develop it as consequently it backfired on me and so forth. The land that I, turn around, and question right now by Mrs. Jeffords is a parcel of land that is one hundred foot wide, that, turn around, is two hundred and forty foot deep, that, turn around, is one of the three parcels of land that Bobby Tissinger is trying to sell at this present time. The mobile home that was on the property, turn around, was given away to an individual in West Glens Falls for the sake off act that he could not sell the land with a mobile home on it, this is the three parcels of land that is assessed somewhere around forty nine thousand, fifty thousand dollars which Mrs. Bernice Tissinger is still alive in a nursing home and is eating up the property. At this particular time I do object to, turn around, replacing the old mobile home with a newer one, they, turn around, you can, turn around, put a modular home or you could stick build there has been a couple other developers that have been in there and said they were going to stick build a home ...1 do not approve of a trailer, turn around, it was grandfathered with Charlie Tissinger if Charlie, turn around, was still alive today he died on the 23rd. of May of '94 if him or his family were wanted to put another trailer I would probably go along with it as a landowner or grandfathered whatever the case may be but to have a complete stranger come in and buy a parcel of land and put another trailer we should be moving up in the Town of Queensbury. On behalf of Stan Kosinski which owns fifty acres across the road from this parcel of land he will probably, maybe not in his lifetime but in future, there are building lots in there that will probably sell like they do up on Lee High, for thirty, forty, fifty thousand there is fifty acres of prime land that is a farm today. It is going to be developed into whatever the case maybe, golf course, more likely it is going to be a new development with fifty new homes right across the street. The main entrance of it is going to be right with a mobile home a single mobile home I object of this petitioner my self personally and quite a few people in the area are objecting. If she wants to put a factory built home which is meets all state, Town of Queensbury, State and Federal regulations I have no objection. But, to put another trailer on no, I do not approve of it. Thank you. Supervisor Champagne-Thank you. Yes, Sir Mr. Ralph Garafalo-I am Ralph Garafalo, I own the property on West Mountain and Mountain View Lane and am in the process of buying the other piece there, two acre lot that is I imagine is, you will have to excuse me I came in a little late. I imagine bordering where they want to put this trailer. Councilman Monahan-Mr. Garafalo would you please speak into the microphone. Mr. Garafalo-I am sorry. I came in a little late so I am not exactly sure where they want to put this trailer but I would imagine it would be bordering our property? Supervisor Champagne-Would someone help me with that, Neil. Mr. Neil Lavine-Yes it is. This acreage that Charlie Tissinger owns basically it is two hundred and forty foot by one hundred foot, adjacent to his property, the deed is purchasing at the present time. Mr. Garafalo-Which one of these lots is it here (use map) Councilman Monahan-Jim, we normally have a layout showing where the mobile home is going to be placed and everything. Executive Director Martin-I thought that was received, there is nothing in the file? Councilman Monahan-Not that was forwarded to us. Councilman Turner-I have got this application and another one..neither one identified. Supervisor Champagne-I am sorry go ahead Ralph. Mr. Ralph Garafalo-What I am seeing here is that this mobile home would be bordering my property and you know, I for one really don't want it there, I mean, you know, I have noticed neighbors up and down the street on Mountain View Lane I have been doing quite a bit to up grade their homes, they have second stories re-do the buildings, I, this trailer just does not belong in there. There is a trailer park up at that corner and I know a lot of people don't particularly about that but it has been there for a million years and I think that it should probably stay there. But, the mobile home that had been in there that belonged to the older man that was put in, that trailer was put in there way before those houses on Whippoorwill. There was nothing down there when they put that trailer in there, I mean it was decades and decades ago. To put a mobile home in there now I think really would be out of place. I really think it would be. I got a lot of money invested down there and I just do not think it would make me shine. Now, I noticed my saying something about cutting down trees? Supervisor Champagne-Yes. Mr. Garafalo-Was that an issue? Supervisor Champagne-Yes. Mr. Garafalo-For me cutting down trees? Supervisor Champagne-Well I think that is directed to the property owner where the trailer is going, where the mobile home is going. Mr. Garafalo-Because we did not have any intention of cutting any trees down. Supervisor Champagne-No, I do not think that had any relevances to your situation. Mr. Garafalo-That would definitely decrease the property down here, it would, nothing against the trailer owners but it just does not belong down there. There are all homes down in there. Supervisor Champagne-Anyone else? For or against the application for the mobile home? Ok. from the Board any comments from the Board? Councilman Monahan-Does Mrs. Jeffords have a picture of the mobile home that you. Councilman Pulver-What year is it? Supervisor Champagne-I guess my question also while you are doing that is how long has the previous trailer, how long has it been since the previous trailer was moved out of there? Unknown-Six months. Supervisor Champagne-It has been six months. July Unknown-Approximately. Supervisor Champagne-OK Unknown-On the 18th of July. Supervisor Champagne-Trailer moved out July 18th. Councilman Pulver-What does our ordinance say, it has to be replaced within 18 months. Executive Director Martin-18 months. Councilman Pulver-So, they are within that time limit. What is the tree cutting, Jim? Executive Director Martin-That is the first I have heard of any tree cutting, I do not know that there is any proposal for tree cutting to my, at least to my knowledge anyhow. Unknown-There is no proposal nor is there any ordinance really that would prevent it. Councilman Pulver-I was just wondering if they had proposed to clear cut it? Councilman Monahan-Yea, we do have some ordinances about cutting trees. Councilman Pulver -You cannot clear cut. Councilman Goedert-Didn't we recently go through this and found out that the zoning goes with the property not with the Executive Director Martin-That is correct. Councilman Monahan-Not with not these revokable permits, that is why we are doing it. Executive Director Martin-I am talking about the use of the site, the revocable permit is your decision. Councilman Goedert-The only thing, the use of the site, so the property no matter what we do is usable for a trailer, double wide or mobile home? Councilman Monahan-We do not know that, we would have to look at that. Executive Director Martin-With your approval of those, but from a Zoning standpoint that use remains there for eighteen months. Councilman Monahan-But, you would almost have to research that particular piece of property to make sure how that mobile home got there in the first place. Executive Director Martin-Right. Councilman Monahan-It would depend on when it came what ordinances we have placed in there in the mean time and etc. and so on. I do not think without Jim researching that particular piece of property he can really. Executive Director Martin-I went back to the recent tax record and there was a mobile home site there through July, but I will have to go back further to see when it first came there. Councilman Turner-I thought that was discussed in the last meeting, 1950 something. 1953-54. Executive Director Martin-I cannot verify that tonight but I could... Councilman Goedert-And it states that she has got to put on an equal or better in value, correct? Executive Director Martin-Our code says that, with your approval. Councilman Pulver-That is not in an overlay mobile home overlay zone is it? Executive Director Martin-No Councilman Pulver-It is separate from that. Supervisor Champagne-This is a three bedroom, two bath twenty four by forty four, nine hundred and thirty four square feet, it is what you would call a double wide mobile home. Will this have a full basement under it or Mrs. Jeffords-Slab... Supervisor Champagne-It will be a slab. Councilman Pulver-Are you going to skirt it? Mrs. Jeffords-It will be skirted by the company. Councilman Turner-They have to. Supervisor Champagne-Any further discussion, sorry Ms. Glenda Rogers-My name is Glenda Rogers, and I live right on the corner of Bonner Drive I am totally against the trailers going in that area we have nice homes along in there. I just do not think that trailers would look very good. If someone owned a lot of land I know Mr. Garafalo owns land, he could put twenty five trailers in there. We got nice homes in there I do not want to trailer in there that is going to hurt my home if I want to sell it. If I want to sell my home some day someone says, they got trailer down there no, I do not approve. There are trailer courts that you can put a trailer in. Councilman Goedert-How long have you been at Bonner Drive? Ms. Glenda Rogers-Eighteen years. Councilman Goedert-Eighteen years. Supervisor Champagne-Any other questions? Anyone else in the audience care to speak? Unknown-My main concern is. Supervisor Champagne-Your name please? Jill Vikay-Jill Vikay I am in the process of buying the corner piece next to the DeMars house and my concern is that if you let this trailer go in what is going to happen after this. I want to put a nice home on the piece of property I am going to buy so, right now I live with Mr. Garafalo so he owns all the property on the corner, I will buy the piece right next to it. But, I do not want to see any more trailers in the area. Councilman Goedert-Are you talking on the corner of West Mountain and Mountain View? Ms. Vikay-Yes. The closest piece of property to West Mountain is the property I am in the process of buying. Supervisor Champagne-I guess I can say this the only reason if you will that even the application has any validity is the fact that there had been a trailer there if there had not been a trailer there obviously this piece of property would never, would not be eligible for a mobile home. It could be but less likely it would be approved. Ms. Vikay-I guess too I mean I do not know I guess I missed the beginning when you were discussing cutting down trees and such, but the trailer that was there was not even visible. If you drove by it you would never know there was a trailer in there because he kept all the trees blocking the whole front of the road. So, I mean, it was there for however many years, a lot. A long time, it is gone now, we are all happy about that and we do not want to see another one. Thank you. Supervisor Champagne-Anyone else care to speak? Back to the Board any other comments from the Board? Councilman Monahan-Mrs. Jeffords, did you consider a modular home instead of a mobile home? Mrs. Jeffords-The reason I chose the double wide manufactured home is because it is about thirty thousand less than a modular home, financially I can afford this. It may not be a good reason but that is mine. Any other questions? Councilman Monahan-You don't have a picture of the outside? Mrs. Jeffords-It is being ordered just as soon as get the permits. (showed pictures to the Board) Councilman Monahan-I did not know maybe they had given you a samples of various outside Mrs. Jeffords-It will look very similar to that Connie, yes. It looks like a ranch when it is set on the lot. Supervisor Champagne-Jim, can I take a look at that, please. Councilman Pulver-That is like a three bedroom ranch from that photo there. Councilman Monahan-Are you ordering this with the clapboard siding? Mrs. Jeffords-Vinyl siding. Councilman Monahan-But it will be clapboard style. Mrs. Jeffords-Yes. Just like the picture. Councilman Goedert-How much tree clearing do you? Mrs. Jeffords-Just enough to put the home because in the front I need some on each side. It is too close because I have to change my driveway with the subdividing of that land. Councilman Monahan-Jim, what is the zoning in that area for size of lot? Executive Director Martin-I believe it is SRIA Councilman Monahan-This parcel shows less than an acre. Executive Director Martin-It is pre-existing. There was a boundary line adjustment recently done by the Tissingers, and that is the resulting configuration. Councilman Monahan-But they have enough land to make it conform. Executive Director Martin-If they wanted to consulate some lots yes. Councilman Monahan-I am not sure but if they have too now days. Mr. Levine-Betty can I answer your question at this present time, there were three parcels of land there, there were three deed there on Charlie Tissingers parcel of land, there was a little parcel which was actually become ...on the back side there was a building lot of one hundred by one hundred and fifty with a cut of corner a little pie piece. ...basically Bob Tissinger turned around changed that to one hundred a fifty and so forth and the existing parcel of land which Mr. Ralph Garafalo is going to buy was the balance of the third parcel. There was a shifting of the size of the lots to conform to the three parcel of land is what I am told. This is why the Town Board, turned around, or what ever the case may be said they had to have two hundred and forty feet in depth with a one hundred foot wide in order to make the third parcel of land. This is why the..the balance of what used to be the trailer court is the brook and the back land of the back side. The price of the land reflects the value of the land for building purposes. Councilman Monahan-The third lot that is in the back where would the road access be? Executive Director Martin-This lot raps around and has frontage out here, it is a rap around lot, what happened what and what he is referring to is there was a land locked parcel here, there were three parcels and one was land locked, the started with three parcels adjusted the boundary lines and got this lot here, ...the have three lots, two are non conforming for frontage and ... Councilman Monahan-When was this approved? Executive Director Martin-It was done in the last sixty days. Councilman Monahan-But, you cannot do that, you cannot subdivide. Executive Director Martin-It is not a subdivision. Councilman Monahan-Why isn't it? Executive Director Martin-There are not lots created, there where three lots to start with and three lots to end with, it is a boundary line adjustment. Councilman Turner-He has plenty of road frontage here? Executive Director Martin-Yes. Councilman Monahan-I would like to take another look in the light of what they are saying, and the fact that we did not have this, in fact I would like a bigger map of the whole area.... Councilman Goedert-I think ..check into her purchase I think she has a dead line. Supervisor Champagne- I guess I would have to believe that there is a lack of information here on the part of the board I personally have not visited the site I guess at this meeting I was not aware, if you will, that there would be the outcry and I think the neighbors need to be listened to. I personally would like to table it, I would like to visit the site and gather some more information before I feel prepared to make a decision. I would be happy to hear what the rest of the board has to say. Councilman Goedert-Mrs. Jeffords, where does this stand if this project is tabled? Mrs. Jeffords-It is waiting for your ok, before I can go any farther. Councilman Goedert-What happens if you, do you have a dead line or a contract on the purchase of the land? Mrs. Jeffords-We have a contract for six weeks. Councilman Goedert-And that is with? Mrs. Jeffords-Mr. Tissinger Councilman Goedert-What time frame do you have left of that six weeks? Mrs. Jeffords-I believe that was drawn up the 28th or 29th I signed on the 27th with my mortgagor. Councilman Goedert-The 27th of? Mrs. Jeffords-Would you get the paper, I have got a paper signed by him. He did put the six weeks in it. I would say around the second week of November just estimating. Supervisor Champagne-It would take you a couple weeks or so into November. What is the pleasure or the Board? Councilman Turner-I would move that we table it and get the necessary information that has been raised the by public and also examine the site and get a full blown map so we know where we are with it. Supervisor Champagne-Leave the public hearing open...that is the pleasure of the Board...Thank you very much. Councilman Goedert-Do we give her a date, she needs Councilman Pulver-The next regular meeting. November 4th. PUBLIC HEARING REZONING REQUEST OF CHARLES R. WOOD NOTICE SHOWN Supervisor Champagne-I would like to open the public hearing on the rezoning request of Charles R. Wood is someone here to speak on behalf of that applicant, Mr. Lemery. Attorney John Lemery-Mr. Supervisor members of the Board may I put some material out so we can have some aids here. Supervisor Champagne-More than welcome to. Attorney John Lemery-Mr. Supervisor, members of the Town Board my name is John Lemery I am counsel to the Double "H" Hole in the Wood Ranch which is the owner of the parcel ofland on Aviation Road which is the subject of this rezoning. I have here tonight on behalf of the applicant Max Yurenda who is the Director of the Double "H" Hole in the Wood Camp and Charles R. Wood who is the Chairman of the Board of the Double "H". Well here we are, looking at a Zoning and Planning situation that has existed here in the Town for some time. I have a photograph I do not know where best to put this but, this is the site that is the subject of this rezoning request. This is the piece of land Route 9 north south. .here Aviation Road, Greenway North coming in here that is the small triangular piece of land located right here. I have with me a rendition of what corridor of Aviation Road would look like from the Northway east. The only parcel that is not zoned either Highway Commercial or Plaza Commercial for the entire length of Aviation Road and Quaker Road is this small triangular piece of land here which is the subject of this rezoning which is currently zoned SFRIO. In 1967 when Queensbury enacted it's Zoning Ordinance for the first time this land was zoned commercial it was part of a large piece of land then owned by Charles Wood that was all part of a commercial site. When Aviation Road was built, this piece of land got loped off and ended up on the north side of Aviation road. So, this land started out as a piece of commercial property in 1967 when you first here in Town enacted a Zoning Ordinance. In 1982 it became UR5 and then in 1988 it was rezoned SFRIO. The planning group that rezoned this in 1988 the last time we were here before this board Michael Carusone who was the Chairman of the Planning group that dealt with this issue the last time made a comment, it is in the record of the proceedings that they did not know what to do with the site they clearly knew that it wasn't residential but they did not know what to do with it at the time so they left it residential. This is a conceptual subdivision plan of what could be done with this site if it was left SFRIO you could build fourteen single family homes in there. Seven or eight of the lots would front on Aviation Road a number of the lots would front on the east side of the parcel facing the residential area over here and four or five lots would look at Aviation Road with Greenway North. There is no buffer required between residential areas the way the current zoning statue reads. There is a fifty foot buffer required from the change from a residential to a commercial or from a residential to an industrial zone. When we were here before a number of people from the area the area to the north, Greenway North and other people spoke out what could be done with the site. Some people suggested that it could be used for Senior Citizens housing some other people suggested that it could be used for affordable housing and some people suggested that it be kept the way it is and nothing be done with it. I do not now what would happen if we came in with a residential subdivision here to try to build these houses assuming that you could find someone who wanted to live in one of these lots. I do not know what kind of buffer the Planning Board would look at as to Aviation Road what kind of buffer they might require up here where none is required. So, our position then and our position now is that its untenable for a Town for the applicant and the neighbors that this land should remain residential single family houses. It is the only remaining piece ofland on Aviation Road not zoned commercial and it is the only piece of land pretty much in the Town surrounded on really all sides by massive commercial development and continuing to be commercially developed. When we were here in 1993 there was a big issue about traffic that was raised by some of the neighbors regarding Route 9 and Aviation Road and what was going to happen. Since we were here the Town has approved the expansion of the Pyramid Mall, the Red Lobster Restaurant has been sited and approved in the Plaza right to the east. The Walmart project that has been built to the north and the traffic has never been an issue before those board that were considering it. So, we are troubled by the whole issue with regard to traffic. One of their concerns and one of the issues that was raised the last time subsequent to that time was the possibility of putting a artery or a little by-pass in which would intersect at this area here where there is a traffic light serving the shopping center and McDonalds and traffic would be routed along Greenway North and over to Aviation Road, if that were to happen the traffic that would effect the Greenway North neighbors would be far and away significantly more of a burden then anything that would effect this parcel of land that they would even dream of, because the traffic going out here would be significant. Virtually anybody coming down Route 9 with rather than going down here wanting to get over to the Northway would take this cut, people going over to the Mall would take this cut and it would become a significant road, serving the Town. Whether the Town would do it or not obviously would require moving or acquiring all this land and acquiring or moving parcels and it would obviously effect the present Greenway North Road and these residences here and obviously residents even to the north side of where Greenway North now is located. The problem with the piece of land as it exists is that it doesn't protect anybody because, if it could be developed as single family residential no buffer required, tree cutting could take place without regard to buffering and the natural buffer would cease to exist. That is not what the Ranch would like to have happen that is not what Max would like to happen or Charlie Wood. What we have tried to do before, and what we are asking you to do this time once again is to look at the site try to balance the interests of everybody who has a right to do something with the site balance those competing interests and treat everybody in the way that makes sense. What we propose to do here is basically cut up the land so that the front area could be used for commercial purposes and provide the town and the residences behind there with a perpetual buffer that would not be affected by anybody except the Town if you later on decided in order to use that buffer for expansion of this road in which case the idea of mitigation would no longer be effected because the issue was raised because putting in a road there would be very significant. I took a look at this whole buffer area as it affects Greenway North and these residents, it is kind of an interesting history. In 1993 the Town Planning Board and the Town Zoning Board looked at the Walmart site up on Route 9 and it turns out that Walmart the front area was zoned commercial but there are fourteen Greenway North lots that border the Walmart site to the north, the north end of Greenway North the south end of the Walmart site the west side ofWalmart. The request for a variance by Walmart both to the south and to the west of the parcel to reduce the buffer from fifty feet to twenty five feet the Zoning Board of Appeals granted Walmart a twenty five foot buffer and reduced the boundary by twenty five feet. It was interesting the comments at the time, by members of the Zoning Board were such that the Board was comfortable with Walmart putting in an eight foot fence asking the applicant to buffer this with eight foot stockade fence from the south to the north the total length of the property but it would only go to the end of the Ames building and then be required the height require by the ordinance and to further buffer the area. Now, there was additional relief granted, because Walmart took a position that they couldn't have loading docks back here without a buffer. They also took the position some member of the audience including Bob Eddy who did not want the buffer to be reduced took the position that with the store you could build the store nine thousand square feet less than you have it and give us our fifty foot buffer. The Zoning Board of Appeals didn't accept that argument and granted the buffer. The Planning staff approved the buffer and the Planning Board approved the buffer in the case of our application before you for the rezoning of this parcel it received the unnamious approval of the Town Planning Board and I believe that the Town Planning Staff has provided comments to the Planning Board recommending the rezoning. The Planning Board of the County turned it down. I believe that the Planning Board of the County was motivated by your concerns obviously for the residents of Greenway North and the letter that was written to them by one of their members who could not be there Mrs. Bassarab her last sentence in that comment to the County Planning Board was the existing zoning is the last shred of protection the residents in the area have for the value of their homes. The problem is, it is not the last shred of protection because the way the land is zoned it does not protect anybody. Least of all the residents of Greenway North. We came, we filed the application Mr. Supervisor and members of the Board with two things in mind, first of all that we would ask you to accept a fifty foot buffer which is what the Town Zoning Code says is required between residential and commercial and residential and industrial areas. We asked that it be originally highway commercial. After some reflection we amended our application and moved to amend the application to be Plaza Commercial we also agreed with the Town Board at a session that we would consider reducing some of the uses, that were allowed by Plaza Commercial and restrict some of those uses. Since that time Mr. Wood and Max and Directors of the Camp have had some meetings and have further reflected and they are willing now to provide the Town with a seventy five foot buffer which would start at the edge of your right of way or the edge of the Greenway North right of way and go back seventy five feet in the land. That is mature foliage in here and would not be touched. It would provide a natural screen for four houses on the other side of the road and a natural screen for people in the back. In addition obviously there would be a fifty foot buffer required between the commercial portion of the site and the parcel over here which mayor may not at some point in the future the people get together and ask that that be rezoned also, that becomes an island in a hugely commercial area and probably through no fault of anybody has evolved into the point where it needs to be rezoned. The configuration of the land then it would leave approximately three point two acres of land available fronting on Aviation Road for a commercial development and about one point three acres of land that would provide for a natural buffer. It would give you the Town more than adequate room if it was in the Town's interest at some to put a road in here you would not have to buy Charles Woods land to do it or take it you would have it available. You would obviously have the seventy five feet plus the fifty feet that you already have and in effect the commercial site would start one hundred and twenty five feet from the front lot line of the neighbors here on the north side it does not really effect the people back here in the other area. There is nothing that the ranch can do about the traffic, there is nothing that the ranch can do about trying to talk about traffic mitigation it is what it is. The fact that there is small piece of land that might be developed is not going to affect the traffic on Aviation Road as more and more businesses come into the various plazas here the other plaza gets redeveloped and evolve and get bigger that is just commercial use of property and growth in the town. A lot of people might come up tonight a tell you that well we want to leave it as it is, we want to leave it as it is, we want to leave it as it is we understand that but what that really says is we want to leave it as a natural buffer we want you to take it. So, if the Town were to say we are not going to do anything we are not going to change it our position is that is a taking and you have effectively taken this piece of land and determined that you want to leave it forever a park that will not stand we think will not stand up. So, if we could look at it from an objective standard our position is the fair thing to do with this piece of land is to divide it up so that the back end of it a reasonable distance is protected and buffed with the mature trees there and allow the ranch to use the front end for commercial development because there isn't anybody in the world that is going to want to live over here. Senior Citizens are not going to want to live there if you put Senior Citizens over here where are they going to walk how they going to get around? Affordable housing this is a town with hugh land masses available it is not appropriate and nobody would think that you could stick affordable housing in here nor would it be appropriate. So, with that Mr. Chairman I would like to rebuttal if possible and I thank you for your time. Councilman Monahan-John could I ask you just a question please, before you finish? Describe again please where you are willing to have the seventy five foot buffer. Attorney Lemery-It would go along the entire north end of the parcel, I have a map here if! could, this is old Aviation Road so the seventy five feet would go along the entire old Aviation Road and the fifty feet would go all the way down the side which is the buffer required between this area over here if you were to change something from residential to commercial. So, it would start at the end of your right of way and proceed into the site seventy five feet. It is along this line it is three quarters of an acre of land. It is approximately four hundred and thirty one feet long the entire length of the road. Thank you. Supervisor Champagne-Thank you, John, anyone else care to speak for or against the floor is yours. Yes, Sir. Mr. Max Yurenda-My name is Max Yurenda I am the Director of the Double "H" Hole in the Woods Ranch up in Lake Luzerne, New York. I would like to say a few words on behalf of the ranch and when I do speak it is on behalf of the children that we do serve up in Lake Luzerne, in hopes of the Boards consideration of support ofMr. Lemery's Zoning request this evening. We just concluded our fourth year of operations and we have had a five hundred percent growth rate. What the means is the need for services for children particularly in our local area is so high that we are barely able to meet the need. Our hope is that our program is going to continue expanding and as Mr. Lemery mentioned early on I think it is very important for clarification purposes the property that is being talked about is in fact deeded to the Double "H" Hole in the Woods Ranch is an asset to the program. Our hope in time and our Board of Directors is very active in promoting a large endowment program for the program to secure our future. This drive is really being created by the families, we have had tremendous support through the local communities particularly through Queensbury, through the medical facilities through the support services in the community we serve children in our own community in Queensbury. Families say to us constantly that nothing can ever happen to this program it has got to survive forever for our children as well as for us. So, we are in a position now where, yes this is a issue that the community needs to address and I think in speaking on behalf of the children who are represented in this Queensbury community I am asking for the support of the Board to look at this seriously on behalf of what we are trying to do which is to establish a program that is going to exist for a long, long time meeting the needs of our local community. Thank you. Supervisor Champagne-Thank you very much. Next. Mr. David Strainer-Hi, my name is David Strainer and I am at this time a part owner of the house at 21 Old Aviation Road. I would first like to clear up a most popular misconception we the Greenway North residents have not now or have we in the past said the applicant should not be able to develop this piece of land. We do feel though that to drastically change to this type of zoning would be very unfair to all. I would first like to say that the zoning in this case does work, has worked for everyone in the Town for years and is still working to this day. The applicant would like everyone to think it does not work for anyone but this is just not true. The neighborhood is proof of this. The neighborhood has thrived since it would built in the early 1950's this is affordable housing that this town needs and you cannot just throw it by the wayside. I would like to give you a little history about this area. When this land was sold to the various purchaser in the 1950's the owner a Mr. C. V. Peters wanted this land to remain forever residential as stated in our deed. He thought that this was some of the most beautiful land in the whole Town, so roads were drawn up and plots were outlined as can be seen in the record department at the Warren County Municipal Center. Things change when the Adirondack Northway was built this land now is to be commercialized in most areas but this was not what the original owner had wanted as you can clearly see by going and looking at the original deeds. After looking at the deeds I find the applicants remark that he bought commercial land a little hard to swallow all you have to do is go look at the records. The people of the Greenway North neighborhood have always lived up to their commitment and it seems only fair that the applicant live up to his. If you need more proof I have a copy of the deed the applicant received when he purchased his old house or his house on Old Aviation Road from Mr. George Pfeiffer, in it, it states that the land is to be used for residential use only. One other glaring fact that I find extremely annoying is Sage Road. Are you familiar with Sage Road, well Sage Road was a small road that ran through the applicants parcel this road is more proof that the applicants statement that he bought commercial land is false. You see we probably would not be here today if the Town of Queensbury not sold or as the price indicates given away the small but extremely valuable piece of land. This one act by our Town government open this parcel to be looked at as a commercial and the neighborhood to be possibly ruined. When people purchase their homes they make a large investment in their future everyone wants to make sure they make the right choice as the people in this neighborhood. How many people do you think would have purchased land in this development had they known what would be lying around the corner. Everyone that bought their homes in this neighborhood knew that this parcel was zoned residential, what kind of faith do the taxpayers of the Town of Queensbury going to have in their elected officials when zoning is not so important to any of them. If you take the time to look at the traffic study it would also tell you what a large and dangerous mistake it would be to change the zoning of this parcel. The added traffic that will be created will only prove to worsen an already over burden road. I know all too well the statement the applicant said that all up and down the corridor is commercial that is why this piece of land should be changed. Let me ask you a question, have your children ever done anything bad enough to make you ask them why they did it and when they say well everyone else did it why couldn't I? Then you say well if everyone jumped off the bridge would you do it too? You see just because everything is commercial that doesn't make it mandatory that this parcel must be commercial too. It doesn't mean that this neighborhood should be destroyed because all around it is commercial. If we look at it in those terms how long will it be before we dig up Pine View Cemetery oh my what a valuable piece of the commercial land that would be, look at it, its location, what is it all around commercial land. Pretty stupid argument. In closing I want you to remember this to utilize this land it does not have to be commercial, the only reason that we are here is that the applicant will not make as much money with residential zoning as he will with commercial so why would he ever what to sell of market it any other way. All he needs is your ok and all you have to do is break faith with all the landowners in the Town to do it. But, just remember this, the beauty of our area is in your hands, do what is fair and right for all not just the wealthy. Thank you. Councilman Goedert-Mr. Strainer I have a couple of questions for you. Number one how long have you owned partial house or? Mr. Strainer-My mother just passed away about a month ago so I have owned it for about a month, she owned it since 1953. Councilman Goedert -1953. Mr. Strainer-Oh maybe it was '51. Supervisor Champagne-Thank you. Anyone else, Charlie Mr. Charles Wood-Charles Wood Chairman of the Board of the Double "H" who owns the property and I highly resent this former gentleman saying that I lied that this land, I bought the land from the Griffin Estate not the Pfeiffer, there is one little house on the corner that may have had in the deed residential but the rest of that property was commercial when I bought it was commercial up to 1987 and I highly resent that I lied because I have got the records it was all commercial. Supervisor Champagne-Thank you very much, lets move to the next. Dan please. Mr. Daniel Olson-Daniel Olson, resident of Carlton Drive. There is a I believe there was an error in Mr. Lemery's presentation, and I know I think it should be corrected. Maybe I heard it wrong, he talked about the rezoning ofWalmart parcel and there were twenty five property owners on Greenway North, well there aren't twenty property owners that front the Walmart property there is one maybe two but there is one that I know of. That is a side lot of Mr. Lockwood, so there is not, Greenway North doesn't front that parcel the back of Carlton Drive, June Drive maybe some of School House front the Walmart property. I really did not see any coalition or tying in of Walmart rezoning into this project here or also the placement of Red Lobster or the Olive Garden Restaurant in the location it was in. That it is in presently I think that was real blessing for those restaurants that wanted to locate in this town to go down there and take up existing property that was vacant with road cuts almost a parking lot almost constructed there and also the lights in place. So, that hasn't really I do not think effected the traffic pattern that much up in the area of the hill of Aviation Road or Greenway North or Carlton Drive area. As a resident of the area I support what our neighbors are saying is the protection of the neighborhood from commercial development but I think there is even a further I think there are further problems that I wish this Board would look at and again it is traffic, it is getting the traffic out of that area, in the area out of the area the position of traffic, getting a road and some of this was touched by Mr. Lemery tonight in the seventy five feet buffer zone, twenty feet on the end and with the existing fifty feet that might give the board something to look at with a traffic pattern to alleviate some of the traffic out of the Route 9, Quaker Road intersection. I think you have to look at that I would think that would be a step you would look at first or would suggest to you to look at first. Also I thought I had read some place where no more additional road cuts would be allowed on not Route 9 but on Aviation Road to get in, so if the front parcel is used for commercial and the end of it, the I guess the north end, west end of it and the north side of north back is restricted buffer zone I do not know how the traffic is going to get to those business. There has to be driveways to get in there someway or other, that they do not come in off from Aviation Road is what I am saying. I think you are really looking at I would like to have you really consider the whole around picture of this scheme of this problem is the traffic is a big factor for the people that live there, big factor for people coming in and out of that area to try to get in and out of there and move out of there. Thats as big a factor as anything else that is facing us right now. Thank you for your time. Supervisor Champagne-Thank you Dan. Anyone else? Anyone else care to speak against the project before we go back to the original I do not want to go the second go around until everyone has had their opportunity to speak first. Mr. Harry Troelstra-Good evening Town Board members, I am Harry Troelstra I reside on 2 Carlton Drive in the Town of Queensbury of course. First I would like to ask a few questions about the property the way it was explained. With all the buffer zone talk we heard I never saw Mr. Lemery point to the old Pfeiffer residence. All he said we would get a seventy five foot buffer zone now on the Old Aviation Road, I am wondering if that old Pfeiffer property is still residential will that get also seventy five foot buffer zone or will that just be cut in half. I think it is about one hundred an twenty foot deep so what are they going to do with it. Mr. Wood owns it and I would like to know what the plan is. It is not shown on any of the maps that Mr. Lemery presented and I think it makes definitely an issue here. Supervisor Champagne-John can I call on you to respond to that, evidently it is the Pfeiffer property that he is speaking to. Attorney Lemery-It is going to be taken down. Supervisor Champagne-The Pfeiffer property will come down ok, does that answer your question, Harry? Mr. Troelstra-Ifthe Pfeiffer property comes down then there will be no buffer zone at all because there is no trees left on that particular area then. Supervisor Champagne- Now, is this the property closest to Route 9? Mr. Troelstra-No this is the property that closest to the corner of Burch Avenue. I want to start with July 11, 1996 one of my neighbors wrote me a note and he said here we go again. Charlie Wood has applied to change the zoning on his parcel of land, at the end of Greenway North Queensbury. He asked for a change from residential to commercial, to put an adventure to generate capital. Only now he has thrown a twist at us, he has conveyed the ownership of his property to a Hole in the Woods Ranch. Any money earned will be for the benefit of the Hole in the Woods Ranch. We are not only up against Charlie Wood, but a very good cause, the Hole in the Wood Ranch. In the publics eye who would vote against the Hole in the Woods Ranch. It looks like Charlie Wood is using the Hole in the Woods Ranch to get the vote to go his way. I think Mr. Wood is doing an excellent job for what he is doing with the Hole in the Woods. I am not objecting to it at all. I think it is not the right way to do it, for that reason I wrote this other note that you people have in front of you. First of all I want to say as a business man that I have respect for Mr. Wood and his accomplishments. Alls I respect him for the time and money he has devoted to the Hole in the Woods, but I do not agree with him the way he tries to get his way to have this four acre parcel rezoned by donating it to the Hole in the Woods. Now, he works on the sympathy of the people. Just a comment here, this is my feeling. Last year he donated the Burger King property to the Hole in the Woods a nice tax deduction. He also donated there four acres he likes to have rezoned. I am sure that many of you see this as a very generous move, but it is also a very smart business move. By getting this property rezoned, his donation will be larger in addition to his tax deduction. Three years ago Red Lobster was willing to pay nine hundred and fifty thousand assuming the fair market value has not decreased Mr. Wood would be able to take a charitable deduction of nine hundred and fifty thousand from his taxable income. This can only happen if the property is rezoned to commercial. I am wondering is Mr. Wood really donating the land or is he thinking what he can get out of it, probably it is both. Again, it is a smart business move, but is Mr. Wood by doing this considering the well being of others I have my doubts about this. A couple of months ago there was an article in the Post Star in which it said that Mr. Wood was suing the people that wanted to start a business similar to Frontier Town to prevent them from opening. This property is on the corner of Bloody Pond Road and Route 9 the former Dave Martin Sawmill property zoned commercial. So, saying this, is Mr. Wood afraid of competition? Could competition hurt his business? Would that mean less customers for his Great Escape? I can understand this, two years ago we used to sell six tractor trailer loads of bark nuggets each year at Garden time, but since the town allowed K Mart and Walmart to come to town this year we sold one and a half trailer loads. They say competition is good but it can also ruin you. Two years ago Mr. Wood had a problem getting the permit to open the Bavarian Palace, he threaten to take the Great Escape out of Town, now he threatens he could cut down all the trees on this property. Mr. Lemery stated this on a Planning Board Meeting several months ago. Mr. Guido Passarelli could not do it on Route 9 and was ordered to replace the trees. Is Mr. Wood exempt from town regulations? It seems like if Mr. Wood doesn't get his way his action is to threaten. On January of this year we did some refinancing with our bank, when you do this the bank looks at your performance and also what to expect in the future. In February I got a call from a Syracuse Realestate Broker he was representing the Bob Evans Chain, Breakfast, Lunch and Dinner. They were interested in the Silo Property and my house behind the Silo. They will take everything down and rebuilt with a Bob Evans building. ...told me that their engineering department found the property too small for their intended project. By the way they had all the information on lot sizes etc. with thern. I did not call them, they came to me. Several weeks ago Mr. Lemery proposed to the Queensbury Planning Board Meeting a rezoning for this four acre property as Plaza Commercial, he also stated that they had made no commitment to anyone, that did not mean that they weren't approached, he did not say anything about this. Red Lobster was a deal to mentioned I guess in the beginning so he kept quiet he did not say a thing. But if Bob Evans was looking at my property wouldn't they be looking at the four acres Mr. Wood or the Hole in the Ranch Resort whatever you call it, used to own? One of the ladies on the Planning Board tried to explain to the audience what Plaza Commercial means, she started with you could have a combination of stores maybe a shoe store, I just mentioning a few ok, a bakery and a restaurant, etc. That woke me up. A gentlemen on the same board then said can't you do the same with commercial zoning? So maybe we are just looking at a fancy word to soften the issue. When Mr. Lemery came to Warren County Planning Board he told the Board we do not have any plans, we would just like to have the parcel rezoned. Nice and sweet, right? No, plan, please only rezone it. Mr. Wood makes a nice donation and gets a nice tax break, but he doesn't show he cares about the neighborhood and others. It is all what is good for Mr. Wood that counts. At the evening of the Warren County Planning Board there were nine members, every member voted against the rezoning. They did not see any different than three years ago when Mr. Wood tried to sell to Red Lobster. By the way Mr. Lemery left in a hurry and said we will be back, another threat. Do you as Board members feel that the Town of Queensbury is short on Commercial land so it has to rezone residential land? Mr. Wood is very fortunate to have the means and time to pursue this issue. Mr. Wood is offering a fifty foot buffer zone now it is seventy five I call it a big deal. I just want to let you know that tonight I walked that, the Old Aviation Road and as you are walking on Old Aviation Road, I listen to the traffic but I also looked in the direction of Old Aviation Road it was stated on the Planning Board Meeting two months ago that the woods are very dense. While Mr. Lemery tries to walk on Old Aviation Road now and looks to Quaker Road if he could see all the traffic going by, I just wanted to let you know. Do you really think that a fifty foot buffer zone will stop traffic noise, will it stop the smell of garbage, because that was the issue at the time the Red Lobster, fish will smell forever. I can smell if they put a steak on the Blacksmith Shop grill I can smell it and it makes me go to the Blacksmith Shop occasionally. Will it stop the noise that the garbage truck makes when they come to pick up the garbage at six thirty in the morning. I, all the Board members are living in a residential zone, no traffic, no noise, no smelly garbage etc. May I ask you would you want to give up by saying yes to rezoning for the sake of donation like I say, would you want to give this up, by saying yes to rezoning for a sake of a donation. You have a gentlemen sitting here tonight and he made a very nice presentation and I know where he is coming from and a larger donation means more money for the Hole in the Woods Ranch. I think it is a very good situation but I do not know that it should come this way. May I continue, before I bought the Silo Property in 1982 I tried to purchase the four acres owned by Mr. Wood I was told then that it was not available and found out later that it was rezoned, that it was zoned residential. I was glad that I could later purchase the Texaco property and I felt at ease to know that there would not be any chance of more competition on this part of Aviation Road. If you come off the Northway you only saw before we were there, before Howard Johnson disappeared there was Howard Johnson, there was me and Friendly's and that is what I mean was this part, of Aviation Road. If this parcel gets rezoned to Plaza Commercial, it will get a restaurant such as Bob Evans I will stand to lose at least thirty to forty percent of my gross income and so will others on this part of Aviation Road. In otherwords for the sake of Mr. Woods generous donation I will have the sacrifice one third of my gross income year after year and many others with me. Can I ask you Board members are you willing to do the same with your gross income if you award Mr. Wood the rezoning. Since 1982 I have been protected by your zoning laws, are you going to take this away now? The issue now is not what is good for Queensbury, but for the pockets ofMr. Levack Realtor, who called yesterday Mr. Lemery the Attorney and Mr. Charlie Wood. The Hole in the Woods becomes the puppet or tool to get their way since all else has failed. Mr. Wood does not want competition for him in a commercial zone so he sues. But he does not care if he takes a residential zone away from others and forcing this manner competition on them. He only seems to care about bettering himself financially and of course by donating this land to the Hole in the Woods he tries to create sympathy for this project. Is this the right way to get what he wants? What is it going to be? What Mr. Wood wants Mr. Wood gets? Mr. Wood shows he doesn't care about the neighbors, and other businesses, do you? All the board members of the Warren County Planning Board said no. They feel the residents should keep their rights and they know the traffic situation will only get worse. Three years ago you felt the same. I hope we can count on you too. Thank you. Just a final note, about the traffic issue. As I was coming home tonight at 5:30 there was a three car accident on the corner of Greenway North and Aviation Road. Thank you. Supervisor Champagne-Thank you. Mr. David Kenny-David Kenny, resident of Town of Queensbury, I guess tonight sometimes I wish I wasn't. A man is here asking for a rezoning, that is the issue, I hope that we can keep that at that. Should this property be rezoned or not? Sitting here tonight and listening somebody knocking a mans character innuendo upon innuendos why he is doing it and what he trying to do and I think is wrong and should not be brought up. I feel sorry for residents that have to use that as an excuse to try to fight him. The issue here is that property zoned properly the way it is today? Is it good for possibly fourteen houses or what ever it is, ten thousand square foot lots, I cannot answer that. I do know that frontage along Aviation Road I would not want to own there. That is the issue that we should be looking at. We should not be looking at if he gets a tax deduction or if he is doing this or who he is trying to do this with or, that's hopefully above the rest of us. I do not think it should be allowed to be brought up at this forum, because it is not right. That is all I really have to say I did not come to speak but I think the issue is whether the property should be rezoned or not rezoned. I happen to give the man a lot of credit. I do not think this is the forum to knock Mr. Wood. Thank you. Supervisor Champagne-Thank you. Charlie I am going to ask you to wait if we have any other first time speakers and then we will have the second go around. Yes, Sir, Son. I appreciate you taking your hat off. Mr. Joseph Michael Whiting-Hello, I am Joseph Michael Whiting, from Queensbury High School Student. I would just like to state that I think that zone, that area should stay there for a buffer zone those people deserve it and I do not know, I don't know the whole scoop but from what I have gotten so far I think that buffer zone should stay there. Supervisor Champagne-Ok, Thank you. Mr. Mark Levack-My name is Mark Levack I am the President and Brokerowner of Levack Realistate as it was referred to this evening by Mr. Troelstra yes we have had this listing in the past but, I refer, I object a little bit to Mr. Troelstra innuendo that the only reason why I am here working on this deal is to make a commission so we can line our pockets. I have been a resident of this area for thirty four years and a commercial broker and professional in this community for over ten and I hope to think that we know a little about highest and best use of properties. Clearly if we use common sense and take the emotions out of this issue this property is spot zoned residential. If you look at the history of this property being zoned commercial and the process that turned it turned residential and the reaction against development in an effort to control what would go here in the future we can say that the owner of the property has not been fairly treated. From a common sense standpoint this is a commercial area and I think this property should be zoned commercial. Thank you. Supervisor Champagne-Thank you, Mark. Anyone else the first time around. Yes Ma'am. Ms. Paige Wages-My name is Paige Wages and I am also a Queensbury High School Student. I think I am representing most of us from Queensbury tonight and we all pretty much support Mr. Woods action on the property about rezoning. We feel that the ranch is a good cause and we think that we are basically the future of the Town. Like eventually you guys will not be here and Supervisor Champagne-you can say that again. Ms. Wages-Well, it is true. Councilman Pulver-Do you know something we do not know? Ms. Wages-No, but because we are going to be here and this town is basically turning commercial, like I have seen it in the past few years change a lot more than I thought it would and if it is going to continue to grow like you want it too you are going to need to rezone. We feel like the weather is changing you cannot continue in the past you have to only change for the better. We think, yes, Mr. Wood is a business man but he feels for this town and he wants to improve it like he built the Great Escape to improve it which he has he has brought a lot to this Town and he has basically helped in the development and we feel that rezoning this area is a great cause for the Town. Supervisor Champagne-Thank you very much. Any other first timers? One time around. Sir. Mr. Charles Wood-Charlie Wood again. I just hope that the Board has a box of band aids because I am going to need them. I do not mind being proven wrong, I do not mind being told if I have done something wrong, but I cannot sit back and when a man tells the audience that I gave this property to Double "H" to get a tax deduction at the same time that deed was drawn the deed was drawn to the Burger King property, is now owned by the Double "H" the deed was drawn to the Motel at Sun Castle which is not in the Town of Queensbury those three deeds are recorded and have been in effect for a year. I am in the process of having deeds drawn that I am going to give the three parcels that make up Sun Castle the main house the south part and the north part which are worth four million dollars. I am not doing it for a tax deduction, because we all know that, the law says you can only take a certain percentage of your gross income and when I gave the Albany Medical Hospital the top floor for children and if this gentleman ever had a ..or anybody that had a preemie baby that they can take down there four months old, it is born five months before it is supposed to be and they can keep it alive and it grows and becomes a healthy person he should take time and go down and see. We also gave the operating room in the Childs Hospital for just the use of operating on children the Hole in the Wall, the Hole in the Woods is not my only project and these were done through the Charles Wood Foundation and the Double "H". As long as I breath I will still fight to make those things be in existence and we have this drive on that we are going to start for endowments so whether I am here or not the camp will always be in existence. That is what I am trying to do what I am going to do. I do not appreciate people who do not understand come up, they can hit me they can do anything they want but do not stick pins in me that I am trying to save on taxes. Thank you. Supervisor Champagne-Thank you Charlie. Ok, we are in to our second, Yes, Sir. Mr. Thomas McDonough-My name is Tom McDonough and I would like to say a word in support of the application for rezoning. First of all I enjoyed the comments made by Mr. Kenny, this is not a character shooting issue this is an issue of zoning. Now, if you all take a look at this piece of property it has been there for many, many years now in the same status that as it is today. If it had any kind of value even for residential value it would have been developed prior to this time. Apparently the only value it has as everybody agrees is a buffer zone. Now, it is going to stay as a buffer zone has no value as a residential area you actually taken the property without due compensation to the owner. Somewhere there has to be a realistic median approach to the resolution of the zoning of this property. You have the power to do it and you have the control over what you do even after you do the rezoning. To leave the property ...solely as a buffer area because it has no other use than a buffer then the property has been taken from the owner. So, I am sure you know that you can do something and I am sure it can be done in a fashion that would be acceptable to the whole community. Thank you. Supervisor Champagne-Thank you. Anyone else? Ok. It is that time for the Board to respond. Councilman Pulver-I have no comments would you like to introduced the resolution? Supervisor Champagne-Any comments Ted? Councilman Turner-I have to abstain. Supervisor Champagne-Betty do you have any more to add? Councilman Monahan-No. Supervisor Champagne-Ok. I guess I heard Carol Introduce Councilman Pulver-..close the public hearing first? Supervisor Champagne-Yes we will do that...ok. close the public hearing. RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION OF REZONING OF CHARLES WOOD PROPERTY ON AVIATION ROAD AND GREENWAY NORTH RESOLUTION NO.: 413,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert Supervisor Champagne- The motion has been made and seconded ..This is the short forrn. Councilman Monahan-I will comment now that I do not believe that this short environmental assessment form is the proper one, that is should be the relatively the twelve page one or whatever it is. Supervisor Champagne-Jim this was something you prepared the short form. Executive Director Martin-No, the applicant, prepares part I of the either environmental assessment form in this case the short form was prepared and submitted. This is an unlisted action as such you as lead agent in the review of this action have the option of either accepting the short form or if you feel uncomfortable with that or you need more information that would be supplied by virtue of a long form and naturally you have a more detailed review that comes with a long form that is your option as lead agent if you want to take that course of action. You can, you have either choice available to you. Councilman Pulver-If and when this property becomes developed and it goes before site plan then it also has to have a SEQRA Review, right on the Councilman Monahan-fragmentation of SEQRA you cannot do it. Executive Director Martin-I think that a separate action would be reviewed under Seqra the site plan is a separate action. Councilman Pulver-That is what I wanted to be sure. Councilman Monahan-I have talked to DEC on other ones of this and they talked about segmentation if I were the applicant and we go through this one I certainly would not do another one and I would make that argument that it is segmentation. Executive Director Martin-My only comment to that would be is if you had a, if you have, I was just going to say if you have any specific known action resulting with the rezoning then yes, that would be the case, you would look at the entire action but in this case you have an action before you right now with rezoning we know of no specific site plan use it come, it may not come for several years at that time the site plan would be reviewed under Seqra as well in that scenario. Councilman Pulver-I know we that we did a Seqra review for every application that came before the Planning Board on any action whether if was the property had been rezoned and then there was an application we would just automatically do it. Executive Director Martin-That is the reason why. Councilman Pulver-Because we do not know if it is going to be a building twenty by forty or forty by fifty or whatever. Councilman Monahan-That is right Carol when you look at this right now you do not know so you have to look at all the types of uses that are allowed under Plaza Commercial and you have to consider the impact the most intense type of impact. Supervisor Champagne-John when we met at the workshop, we did put some restrictions or if you will limits on the various plaza commercial types that would go in that area and I do not have a copy of that and I did not get the minutes either. Do you have the listing? Councilman Pulver-Look at the required ones. Attorney Lemery-Do you have that Jim? Councilman Pulver-Drive in theater was one. Executive Director Martin-Well I think there were references made John, you had referenced a list in your letter that existed. Attorney Lemery-We agreed to it, to limit it to the list in the I think in the petition that we provided you. Councilman Monahan-But, Jim when we checked some of those uses they are not allowed in our present day Plaza Commercial. Executive Director Martin-Right, because it made references to the old C3 Zoning District. Attorney Lemery-Well it is not, yea, we said that we would take those out so that they would be whatever was allowed in a Plaza Commercial not in an HC zoning. I guess the Seqra issue would be addressed it seems to me that the long form or any other at the site plan review stage when some use was to be put. It would be a three roughly a three acre site that would be available if the buffer were in effect. So, that three acre site would be the subject of site plan review and whatever would be done at that point relative to the environmental effects. Supervisor Champagne-Help me with this, this is part of the problem that I am having trying to use the short form with like eighteen different options that are listed here that could conceivably be located on that parcel and I am just curious whether we should bump it up at this level to the long form Jim or whether that is going to happen at the Planning Board. Executive Director Martin-Depending on the action that is proposed with a site plan review it would or would not require a long forrn. Chances, I cannot say at this time a lot of it depends on if any thresholds are tripped in that review. I, it is very difficult to say what that would be. But, at this time we do have the option of either the short form or the long forrn. Supervisor Champagne-What would that do for you? You know come back to the long form. Attorney Lemery-We do not see it as a long form issue, it is a ..there would be a sewer issue at the point where, where this would develop it would end up being sewered it would go on the sewer that was one of the advantages of the development of the site so there would be town water and there would be town sewage. Traffic would be an issue that would be site plan review, we cannot address the traffic now in the rezoning. The curb cuts and the ingress and egress is a site plan issue I think those are the principal issues that we would see. Executive Director Martin-I will say for the Board's purposes that Betty is absolutely correct in my opinion, that you do have to evaluate every use that is there and if it were to be built out to most.. Councilman Monahan-The traffic would be the most intense use. Attorney Lemery-We believe the traffic issue Mr. Supervisor is addressed at the site plan based on what, you know, what would go in there at the time. Councilman Monahan-John, you are completely correct but when we do a rezoning we also have to back up that rezoning with the consideration of what the use in this list of twenty one which one of them would produce the most traffic. That is something that we have to consider in a rezoning. Attorney Lemery-I appreciate that I think the issue is the site would constraint a lot of those uses Betty because it is only three acres. Councilman Monahan-Well, maybe that is why we should go through and take out some of those uses and decide which ones should go out of there because otherwise we are going to have to evaluate every single one of twenty one uses and what the effect would be on that area. Supervisor Champagne-John, Councilman Pulver-It is not going to be twenty one uses though, they have eliminated quite a few of those uses. Councilman Monahan-But that is from an old list, it is not applicable, that was the old commercial list it is not the same list that is in here. Councilman Goedert-In the workshop they eliminated it. Councilman Monahan-But we use the list that is no long applicable. Executive Director Martin-Fred it might be useful at this time to in consideration of the uses that are available today in Plaza Commercial is there anything in there that would or would not be taken out by agreement with the applicant? Supervisor Champagne-Are you willing to go through those John? Attorney Lemery-That is Mr. Wood's determination not mine, but I do not see why I do not see why, lets not try to do something by way of further mitigation other than the zoning. If it is zoned Plaza Commercial and the buffers are in place then the, we are entitled to the same use of the property than anybody else is for Plaza Commercial and when someone comes in and someone acquires the site and gets an option to acquire it and we have contrary to what Mr. Troelstra said there are no, we have no offers from anybody we have no contract to that effect to this point. That to me you go back before the Planning, before the County Planning Board, the Town Planning Board for site plan as to what is appropriate at that point, just as it was with Red Lobster, the issues with Red Lobster were traffic, ingress and egress from either Aviation Road or Greenway North, the buffer the odors all seem to me are issues that would be addressed at site plan, not in terms of, at this point. So, I do not think it is fair so start crossing out uses when we have no idea what they might be so long as they are A. consistent with the zone and B. consistent with the parcel that is only three acres that is develop anyway if we have provided for the buffer the permanent buffer of one point three acres here, which we are saying will never be used and would be kept green subject to your use if you ultimately put a road in or something like that. Supervisor Champagne-Let me ask Counsel this, given the short form and number on the list of twenty nine options, talks about a public parking garage, now does that get, I am not sure that, that location is set for a public parking garage does that get ruled out now or does that get ruled out if the Planning Board site plan review? Town Counsel Schachner-Unless there is some stipulation with the applicants consent and I believe the applicants stating that they are not, that they think that would be pre-mature at this time, that is what I understood the applicants representing Supervisor Champagne-That is what I understand him to say. Town Counsel-Then the answer is, it does not get ruled out the seqra handbook speaks very specifically to this issue exactly as Betty is saying. In response to a specific question when zoning changes a direction action and no physical changes or projects are currently proposed what should be considered in the seqra review the answer is a municipality should consider the most intensive uses allowable under the proposed zoning to judge potential impacts. The lead agency should review the potential impacts for the maximum development that could be realized on the rezoned parcel. I think Betty is absolutely correct in terms of seqra law. Supervisor Champagne-So of the twenty one listing here I guess I have got to do my short form assuming that the parking garage is going to go in there? Is that? Town Counsel-I guess that is right. Councilman Monahan-Anyone of those twenty one uses. Councilman Pulver-If it could meet the required zoning. Councilman Monahan-No, we do not go into whether it can meet the requirements, it is listed, it is allowed in that use and that is all we are doing is saying when we rezone this we are not looking at the physical layout of the lot we are saying that use can be allowed in there. Supervisor Champagne-That is the part that troubles me. Councilman Monahan-Any they also can do it with a variance and Attorney Lemery-There is an economic issue, if anybody here thinks a parking garage is likely to end up on that site for what, to serve what? Going to have a aerial tramway to get onto the Aviation I mean... Councilman Monahan-That is not our province. Attorney Lemery-I think the way to look at it would be what is consistent with what is going on up and down Aviation Road, the kind of retail establishments. Councilman Monahan-John, we have to look at the use there. Attorney Lemery-I understand. Councilman Monahan-We have to look at the uses, I mean do not try to fancy it up you have to look at the uses and see what the impact of those uses are. Supervisor Champagne-Well, we have a motion on the floor we have made and seconded, any other discussion? I guess we need to vote. Executive Director Martin-I think you have to decide which form you are going to go through first and go through the questions once you decide Supervisor Champagne-I do not think she is willing to withdraw her motion. There is a motion on the floor, I have to act on the motion. Councilman Goedert-The resolution includes the seqra form. Councilman Pulver-It is for doing the seqra. Town Counsel-You cannot exact the seqra determination without going through some environmental assessment form. Supervisor Champagne-I understand that. I have to have a consensus of the Board that we should go with the short form, I guess.. Executive Director Martin-That was my point, you need, it strikes me that you need to get to that base first. Supervisor Champagne-And I heard you say. Councilman Pulver-Well there is no difference in timing is there, if we do a long form or short form? Executive Director Martin-The immediate difference in timing is that we do not have a part one filled out so there would be a delay until we receive one and then conduct a part two review associated with that forrn. Councilman Goedert-Did we not know that this was going to happen, I mean? Executive Director Martin-The requirement has been fulfilled, this meets the requirement but you are lead agent if you want to choose to have the long form prepared then you can do that if not you can go with the short form you have in front of you. Councilman Pulver-This fulfills the requirement? Executive Director Martin-Yes. Supervisor Champagne-This gets it to the actually if this is approved this gets it to the planning board, if the rest, if we agree that it is to be rezoned. Executive Director Martin-Not until we have a site plan application does it go to the planning board. Councilman Pulver-But nothing happens. Supervisor Champagne-But once we have been through this plus the rezone then it has been completely rezoned ready for the planning board I guess that is what I mean to say. Ok. I understand that you are ready to go with the short form Connie. Councilman Goedert -Yes. Supervisor Champagne-Ted you are. Councilman Turner-I have to abstain. Supervisor Champagne-You are going to abstain. Betty Councilman Monahan-I am not willing to go with the short form the information is not there to thoroughly look at the impacts of this rezoning and I think it does a disservice to the community to the town to do it and I cannot think of any rezoning we have ever done that we have used the short form on. Attorney Lemery-Even if we filled out the long form there is no way we can address traffic and other issues because we do not have a use. So, I do not know. Councilman Monahan-You have to address it by the uses that are allowed in plaza commercial, John. That is the whole problem with this whole situation. Supervisor Champagne-Well, to be very honest with you of the twenty one listings here, Jim, are you paying attention just a minute so I do not go astray. Executive Director Martin-Yes. Supervisor Champagne-On the twenty one listings, John, that parking garage concerns me. Are you willing to throw that out? Attorney Lemery-Yes, parking garage is gone. Supervisor Champagne-I would not expect that you would want to do that. To get it out I think which makes it a little cleaner when the applicant does come in. Do you want to keep going on some of these others? Lets read them out loud so everyone here gets a sense of what we are talking about. Commercial greenhouse or nursery Unknown-Throw it out. Attorney Lemery-That is a pretty benign use. Councilman Pulver-..there is nothing to that. Supervisor Champagne-Planned Unit Development. Executive Director Martin-It does not qualify. Supervisor Champagne-Day Care Center it most likely will not happen. Councilman Monahan-You can not judge that. Supervisor Champagne-What? Councilman Monahan-You cannot judge whether or not it will happen it is in the list. Supervisor Champagne-I am just asking those that, we want out, if the board wants it out, raise the issue now. Pharmacy, Stationary Store, Hardware Store, Meat or Food store Attorney Lemery-We will take Day Care out. Supervisor Champagne-Day Care out, take parking garage out, barber shop, beauty shop, clothing apparel store, music instrument or record store, multi function department store, sports equipment store, jewelry store, travel agency, professional office, an office building, restaurant, shopping Councilman Monahan-Excuse me, the restaurant is the one that the neighbors are going to have a problem with because of the odors and etc. I do not know how the applicant feels about it, but I am sure the neighborhood is. Councilman Pulver-But that is what they got for site plan. Councilman Monahan-You cannot do that Carol, you have got to look at the impacts of all of this on the rezoning you cannot depend on site plan for it. Councilman Pulver-I am not saying we cannot look at that for impacts Betty, I am saying that, those other issues, like smells and if it is a restaurant will be taken out at site plan. Councilman Monahan-That is something if you look at seqra you are supposed to look at when you do seqra. Supervisor Champagne-Well, lets to back Councilman Monahan-You know are you going to do seqra the way you should or are you going to do it just your way? Supervisor Champagne-Restaurant, in our out? Unknown-Take restaurant out and we are fine. ..do whatever you want just take the restaurant out... Supervisor Champagne-Charlie let me ask you again, restaurant, in or out? Attorney Lemery-I think we have to leave the restaurant in. It is not fair... Supervisor Champagne-Ok, I am just asking. Attorney Lemery-Obviously issues relating to restaurants and if it is an order issue as opposed to a traffic issue it has to be addressed at site plan all these folks that are here dealing with that, all kinds of protection that have to be will be in there, will be in there. Now, there is a McDonalds and Walmart and these other places up there and they have got a twenty five foot buffer and an eight foot high fence. That is not the way Charles Wood operates. Councilman Monahan-John, excuse me, but that was done by the Zoning Board I do not think that you can refer to that to the Town Board because we had no part in that as you well know. So, I do, I kind of get a little bothered when you use that as a example. Attorney Lemery-That is why we are here Betty because we think this is a Town Board issue not a Zoning Board issue we think it is a legislative issue. Councilman Monahan-Please do not use the action of the Zoning Board when we are discussing this. Supervisor Champagne-Ok. Well, anyway, lets get going, Restaurant lets get going, shopping mall plaza, television-radio station and retail businesses that is your most. Executive Director Martin-You apparently have not updated your book number twenty two is seasonal produce businesses the most recent add. Councilman Goedert -You can have that in parking lots for twenty five dollars. John Salvadore-Mr. Supervisor could you please open the public hearing again? Supervisor Champagne-No I do not believe I will John. I amjust asking questions, I think I have the right to do that, you had your opportunity. John Salvadore-This discussion did not take place during the .. Supervisor Champagne-Well, we are trying to reach a level of understanding with the board that is all, we are asking questions, we have a right to do that. John Salvadore-I understand, but the public has a right to comment also. This application is taking another path that was not apparent in the first discussion before the public hearing was closed. I just asked for the right to speak. Councilman Pulver-No, that information was all available. Supervisor Champagne-Go ahead and move on. So you give me the twenty second which was again. Executive Director Martin-Seasonal produce business. Supervisor Champagne-Ok, we have a consensus to move ahead with the short forrn. Are you set Jim to go ahead with the short form? Executive Director Martin-Is that the consensus of the Board? Councilman Monahan-That is a three to one consensus. Executive Director Martin- I just feel as the Director of Planning I would be remiss at this time not, if I did not remind the board about the one hundred foot and the planned road that goes through there, you are all aware of that plan, I talked to Mr. Wood about it several months ago, if he recalls I just want to make sure that you are aware of that plan, I personally recommend that be followed. Attorney Lemery-Can I ask you please what you are speaking about? What one hundred foot plan? Executive Director Martin-The road John, that we talked about many times the proposed road, requires one hundred feet off of that one property line. Attorney Lemery-No it does not. The proposed road, when the last time we spoke the proposed road might not even go there, there was another plan where the proposed road would go in an entirely other place between the road that the Town owns and seventy five feet we have got one hundred and twenty five feet. Now, if we are talking about buffers and mitigation and the real issue here on a planning and zoning basis with the site, that road is something that would have a significant effect on everybody in that area along more than this site. So, I do not know, I am not sure what Jim is speaking about. Supervisor Champagne-I think we understand from the original plan that was put into effect, what, three years ago Jim, as I recall maybe even four years ago, that there was to be a at least the plan showed part of Mr. Woods property that would be town owned that ultimately would end up as what was called back then a green way corridor. I have to tell you that as traffic increases and mitigating the problems that we have there, there is no question in my mind that something is going to have to be done there. If it is a green way corridor that relieves ten percent of that traffic that goes through that intersection of 254 and Route 9 then I am going to seriously take a hard look at that. Now it is also my understanding that with the existing road that is there, Old Aviation Road plus the seventy five feet that we have got on record here tonight, seventy five feet, that, that would in effect accommodate it, if it ever did happen. Executive Director Martin-That is true, it would reduce the buffer along the one side by twenty five feet. Supervisor Champagne-I understand that. Executive Director Martin- I just want you to be aware that being the case. Supervisor Champagne-Any other questions on the part of the board before we move ahead with this? Lets do it. ENVIRONMENTAL ASSESSMENT PART II Read by James Martin: A, Does action exceed any type I threshold in 6 NYCRR, Part 617.12? Councilman Pulver-No Councilman Monahan-I do not know, what is that threshold relative to all of these, that we are looking at? Executive Director Martin-Ok, I will look that up for you. These are the type one thresholds, the adoption of a municipality land use plan the adoption of any agency of a comprehensive resource management plan or the initial adoption of a municipalities comprehensive zoning regulations. I do not think that is the case here, obviously. Through the adoption of changes in the allowable uses within any zoning district effecting twenty five or more acres of the district. Board agreed no. Executive Director Martin-The granting of a zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given elsewhere in this list. I will go through the rest of the list. Construction of new residential units that meet or exceed the following thresholds, ten units of municipality Councilman Monahan-We can skip that one, Jim, we are not talking about residential. Executive Director Martin-Ok Six, activities other than the construction of residential facilities that meet or exceed any of the following thresholds or the expansion of existing non-residential facilities by more than fifty percent of the following thresholds. A project or action that involves the physical alteration of ten acres. Board agreed no Executive Director Martin-A project or action that would use ground or surface water in excess of two million gallons per day? Parking for one thousand vehicles? Board agreed no Executive Director Martin-Four, in a City, Town or Village having a population of one hundred and fifty thousand persons that would not apply here. I am sorry, in a City, Town or Village having a population of one hundred and fifty thousand persons or less a facility with more than one hundred square feet of gross floor area. Councilman Monahan-How much did you figure could be, go in there? Executive Director Martin-When I did the calculations on this parcel assuming it was a purely retail business activity the size of the building would be approximately twenty five thousand square feet. I came to that figure by the time you apply the resulting permeable area and have a minimum of thirty percent parking for that size of a structure that is about, would, could be afforded on this site, approximately. Councilman Monahan-And what was the threshold that you just read there? Executive Director Martin-A facility more than one hundred thousand square feet of gross floor area. Continuing on the list, any structure exceeding one hundred feet above original ground level in a locality without any zoning regulations pertaining to height. That would not be the case here. Any unlisted action including non-agricultural use occurring fully or partially with an ago district, that would not be the case here. Any unlisted action unless the action is designed for the preservation of a facility or site occurring wholly or partially within or substantially contiguous to any historic building, structure, facility, site or district or pre-historic site that is listed in the national register of pre-historic places or that has been proposed by the New York State Board of Historic Preservation for recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Registrar or that is list on the State Register of Historic places. Any unlisted action that exceeds twenty five percent of any threshold in this section occurring wholly or partially within or substantially contiguous to any publically owned or operated park land, recreation area or designated open space including any site on the register of National, Natural Land Marks pursuant to 36CFR Part 62. Any unlisted action that exceeds a type one threshold established by an involved agency pursuant to 617.14 of this part. That would be the type one list. Councilman Monahan-So we have got no. B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? Councilman Monahan-All the agencies involved have been Supervisor Champagne-Notified. Councilman Monahan-Notified? Executive Director Martin-As far as I know they have, yes. I do not know really what other agencies there would be anyhow, I do not think there are any, we have, I do not think there are any. Supervisor Champagne-Other than the County. Executive Director Martin-We did notify the County. The answer is no, then? Councilman Monahan-The answer is yes. The coordinately review would that be the county review of this would that make this a yes or a no? Executive Director Martin-Mark is indicating that as a recommendation it doesn't. Councilman Monahan-Ok. C, Could action result in any adverse effects associated with the following: Cl, 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? Councilman Goedert-Not as it stands right now. Councilman Pulver-No, not as it stands. Councilman Monahan-I think looking at the list here you have got to say that air quality could be, noise levels could be, existing traffic patterns could be, surface or ground water can be. So, I think to my mind it has to be a yes. Supervisor Champagne-You have a major significance? Councilman Monahan-Yes. Councilman Pulver-It depends on the application. Councilman Monahan-When you look at those, with those uses listed it certainly can be a major. It does not say major anyway. It says result in any adverse effect. Councilman Pulver-You could say yes but then you also could say that it would be mitigated in some way depending Councilman Monahan-We do not know that Carol. We do not know that. Councilman Pulver-Well how can you ever answer this question then? Councilman Monahan-That is why you go to the long forrn. Supervisor Champagne-That is the tough part of this. Councilman Monahan-That is why you go use the long form. Executive Director Martin-Consensus of the Board? Councilman Goedert - I believe those answers will be given at the site plan. Councilman Pulver-I think too, at site plan. I mean you could say yes, but I am going to say that they would be mitigated someway at site plan, because they would do that. Councilman Monahan-You have to name the mitigation, you just cannot do a general statement of that type. Supervisor Champagne-That is a tough one. We never really be able to answer this question until such time you know specific buyer comes on. Attorney Lemery-There is no way we can answer it in a long form that I know of. Councilman Pulver-The long form is the same. Attorney Lemery-It is no different. It is going to be, that is what site plan is all about. There is another seqra proceeding at the site plan stage I will defer to your counsel. Councilman Monahan-It does not take care of your obligations as a Board doing a rezoning of a piece of property. Supervisor Champagne-How do you rezone then? Councilman Monahan-Maybe that is why you can't. Councilman Pulver-We have rezoned property all the time for a different use than what it is currently zoned at and we answer these questions. Councilman Goedert-We never looked at them this closely before. Attorney Lemery-Rezoning this site as it exists right now with the buffer that it has, has not effect as it exists as a vacant site, it has no impact on air and water, as a vacant site. Councilman Monahan-Excuse me, the ruling is that you have to look at the maximum impact of that rezoning we have a legal opinion of that of another piece of property that we did with another vote. Councilman Goedert-I say poll the board and take a vote. Supervisor Champagne-Lets hear from Town Counsel. Town Counsel Schachner-I am just going to repeat again chapter and verse of applicable seqra law and Betty is correct, I have read it before and I will read it again if the board feels it would be beneficial or I will paraphrase it but I am not going out on a limb with this opinion, I reading chapter and verse, he is correct, you are suppose to consider the maximum potential impact of any of the allowed rezoned uses which I think should not include the ones that the applicant has agreed to take off the table, which I understand to be, parking garage, day care center, and planned unit development. Betty is correct under this applicable seqra law it is very clear that the other uses should be evaluated in terms of the maximum intensity and their potential environmental impact. His counsel is also correct in that there would also be a subsequent project specific seqra review . .he is also correct about that. Those statements are correct. Councilman Goedert-If, are you saying to us that we should not be doing the short form? Town Counsel Schachner-No, I am not, Jim quite accurately stated that you have description under lead agency, this is what is called a Seqra unlisted action and Jim explained this exactly correctly but that means you have the discretion if you want the minimum acceptable is the seqra short form and as the lead agency you certainly have the discretion if you feel it would be more appropriate to enable you to take the seqra hard look at the potential environmental impact you certainly have the descression to require a seqra long forrn. Councilman Goedert-My second question is if we know this then why did we get this which is part of the application is my understanding. Councilman Pulver-We got the short form as part of the application. Councilman Goedert-We knew he was coming in here for plaza commercial. Town Counsel Schachner-It is up the applicant to initially to submit the environmental assessment as long it is one that meets the minimum threshold of the law. The applicant as I understand it, I was not involved in this at all, but..the applicant submitted the short form part one and that is a lawful thing to do, an applicant can do that. The board can then, any board with lead agency can then in reviewing the project can decide that it wants a long forrn. You have that discression, Jim's restitution of that was correct also. Attorney Lemery-We did it for this reason because we, it is not possible to try to determine what the alternate consequences in terms of mitigation would be in until there was a use for the site. If you are going to turn down the zoning because of this kind of form over substance issue when it is an issue that is really properly addressed when there is a use for the site, then we all ought to go home. The whole purpose here is to deal with a rezoning of a piece of land that does not work the way it works. Now, it is not possible for us to determine what's the odor, what kind of odor issues could possibly be there and how they could be mitigated, the answer of course is, they must be mitigated so as not to provide a nuisance to the residents so as not to provide any kind of odor or anything else it needs to be buffered it needs to be dealt with and if someone wants to put in a restaurant they have to deal with that or the planning board is not going to approve it. They are going to have to mitigate it. If it is another use that involves high traffic or something if they cannot meet the traffic requirements in terms of ingress and egress in a safe and responsible manner then it is not going to happen all of this has been before the planning board some of you are former members of the planning board and the zoning boards and that is what they are for. We cannot do it at this rezoning stage. Not possible for us. So, if we are going to get into that kind of discussion you know, then the real issue here is not zoning the real issue is something else in terms of you know, mitigation. We understand the issues that have been raised, Fred, by the community of neighbors to the north we understand the mitigation they are concerned about and this applicant is very mindful of that. We will deal with that when we find someone who might be interested in acquiring the site the front piece ofland is commercial property that is about all we can do. Supervisor Champagne-I guess then, John, in answer to that particular concern I would almost have to say I do not know. It is not a yes answer or a no answer it is really that I do not know. Executive Director Martin-I think what the law is indicating is that in the event that you do not know then you consider for lack of a better term, the worst case, say it was a fast food restaurant that requires Supervisor Champagne-That is what I am getting at. Executive Director Martin-our code will require one space for every hundred square feet of area it has a drive thru you know is that your worst case or maybe it is a retail business I do not know. Councilman Goedert-..that is a matter of opinion. Councilman Pulver-That is subjective as to what is going to be the worst. Executive Director Martin-I am just trying to give you something to grab onto here. Councilman Pulver-I might think one thing and you might think another. Executive Director Martin-I think you should consider the worst case. Say it was a McDonalds with a play ground or you know something with a drive thru and so on. What would you foresee as the traffic issue if there were one. Supervisor Champagne-What I hear you say is the planning board and Betty I understand what you are saying, but at the planning board site review that is where the final determination is going to be made as to what goes in there to what extent, fish parts are thrown out the back in a fifty five gallon dnuu is that what I understand would eventually happen? Councilman Monahan-You have to justify your rezoning, whether or not it will have an impact on the area and that is what you have to do with seqra. That is your responsibility as a town board member doing the lead agency of seqra, what the planning board does is a whole other ball of wax. Attorney Lemery-Lets take the worst example, if we are going to use the restaurant as the worst example, now what happens. You know it is going to be a McDonalds what is the worst that can happen. If that is the example of the worst thing that can happen. How can the applicant address odor if we do not know. Councilman Pulver-If you would take that as an example and I read this question, would it have an adverse effect we will say on air quality and you are putting a McDonald's there, we would say yes. Now, we would say, then it says explain briefly, well we would mitigate that we would make you put filters, you would do this you would do you know a whole bunch of other things, if it were going to be a McDonalds. Would that answer the question? Supervisor Champagne-Would that satisfy it? Councilman Pulver - I mean, would that? It is just so hypothetical. Councilman Monahan-I do not even know Mark, and this is a question to you because I do not know whether you can do mitigation on the short form or do you have to long form to do the mitigation I have no idea. Town Counsel Schachner-You are allowed to consider mitigation in the part three is discussing the importance of the impacts obviously the long form lends itself much more clearly to discussion of mitigation it has a specific column about mitigation. Supervisor Champagne-Ok, what do I hear over there, yes, I mean no, what do we mean yes or no, yes to that is Councilman Goedert-Mine is no. Councilman Pulver-No Supervisor Champagne-No Executive Director Martin-Do you want me to read the question again Fred, or? Supervisor Champagne-Yes, lets read it again. Executive Director Martin-CI 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? Could you have any adverse effects association with those listed items? Supervisor Champagne-Lets skip down and go to two. Lets go back to it and see if there are any other issues in there that we... C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Councilman Goedert-No Councilman Pulver-The back part is still going remain the same. Supervisor Champagne-I guess you have a consensus there, that is a no. Councilman Monahan-I think it does have an effect on the neighborhood character. I agree it is a no aesthetic, agricultural, archaelogical, historic or other natural or cultural resources but I think when you talk about neighborhood character you are making a change in it. Supervisor Champagne-I would like to make a statement here, you know that property it, it is not working the way it is, one way or the other some how, some way this board should take some kind of action that would put that property in, I do not know, the highest and best use or just a use that is reasonable. That is where I am coming from. If I have a buffer zone that is going to accommodate that I guess that resolves my problem, in addition to that there will be a, if I am around here long enough, there will be relief on that intersection of Route 254 and Route 9 with a corridor that makes traffic less congested than it is today. I think that this project works in favor or that scheme. Now, by the same token I do not want to shift gears and end up in court over some issues here that we have not covered the ...from, I do not want to do that, Mr. Wood does not do that nor does the gentlemen from Hole in the Woods. That is the piece that I want to cross the t's and dot the Executive Director Martin-With that thought in mind I will make this suggestion. Supervisor Champagne-But have got to have two votes today. Executive Director Martin-I will make this suggestion, maybe the proper thing to do here to give the board some more information to work with, have the applicant prepare a long form EAF part I assuming a worst case scenarIO. Councilman Monahan-Fred I think I am going to answer what you said and I agree with you, I agree with you partly, Supervisor Champagne-You did not say partly before. Councilman Monahan-I think this area will go commercial but I think it has got to go commercial with protection of the neighborhood that is there with deed restricted lots. That is why I think you have to be very careful of the commercial uses that are allowed in there. I agree with you limited commercial is going to go. But those limited commercial have to be the kind that, that neighborhood with deed restricted lots do not loose the quality of the life within their neighborhood. Attorney Lemery-This parcel of land is not in that neighborhood that is a big misconception, this parcel of land is on the other side of the highway, fronting on Aviation Road, it is not in the Greenway neighborhood. The Greenway neighborhood is on the north side of a town highway of the Town of Queensbury and we have offered you seventy five feet, now we are not going to come back here and get involved with all of this if it is the consensus of this board we know we need four votes, if it is three votes don't, we are not going to waste our time, we are coming here with what is fair and reasonable proposal. We can talk about the long form but to go and do the long form and then come back and have some esoteric argument about we are going to take the long form which is a ...it is impossible to say other than, and I will make a public statement here on behalf of the Hole in the Woods we won't, everything that would be done to mitigate any kind of environmental or other use for that site would be done. Mr. Wood lives here the Hole in the Woods is a eleemosynary institution it is not going to be involved with a project that somehow is going to be a problem for the area. But it does not effect the neighborhood it is not a neighborhood it never has been. This is a piece of land that got caught when they re-did, when they went in and did Aviation Road it is a zoning and planning issue for the Town it is not a question of what happens to the north. If you are talking goes in without putting a road in Fred, goes across this, that is something that requires intense mitigation. Councilman Champagne- I understand. Attorney Lemery-Intense mitigation that is an issue, rezoning this piece ofland is not an issue, so, I do not know where we go from here. I will ask Betty. Executive Director Martin-If I may be so bold, rather than being confrontational I sense the mood a little while ago we were talking about the restaurant use that there was maybe some possibility that would be something else to list as well and I think that would be worth exploring again. Councilman Goedert -You know I have a problem with that. My problem is if you are entitled to a commercial, highway plaza zoning that he should be entitled to what is used in highway plaza otherwise buy the piece of property from the man and let Greenway North have their one hundred and fifty foot buffer. Unknown-Why can't we buy it then and put an end to this, hundreds and thousands of dollars being wasted in brain power right here right now. Supervisor Champagne-We are within a fraction of being where we want to be we are within a fraction of where we want to be. Unknown-I do not know about that. Supervisor Champagne-I think we are, I believe we are. I think in due respect to our community developer I guess what he is asking for is going back do the long form that is not all impossible we will sit down and work that through with you and come back in here with a little luck something good can happen. I guess that is where we are, is that where we are? Councilman Monahan-I think as you said, you look at limited commercial use there that does not impact that area and I do not think it is a problem. I do not think limit commercial is a problem. Mr. Charles Wood-...zoning hearing, now we get into a site plan review I think we have a letter here that says it is a zoning hearing I want an answer good or bad and I would like to know where Betty is coming from when she fights everything, we are trying to develop the property and if you have a good reason why it shouldn't be developed tell me. Councilman Monahan-Mr. Wood I think if you look at my obligations as a Town Board member and what my obligations are up to what to do and if you look at what our Town Counsel also said, is what we must address during a rezoning issue you will find that I am trying to do a job that I have been put here to do and do it correctly and that is what I am trying to do. Mr. Charles Wood-Just don't fight everything. Councilman Monahan-I am not..1 am trying to Mr. Wood if you look at the criteria Supervisor Champagne-Mr. Wood I am going to have to Attorney Lemery-Let him speak Mr. Charles Wood-...1et me do what I want to do with that property. Attorney Lemery-We are not going to consent to any rezoning that would limit the use of this property other than the plaza commercial and the uses that we have designated. We will not unfortunately if there is a restaurant that want to go in there a good clean restaurant the meets the codes and deals with these issues then they should be allowed. What we proposed to you is a reasonable use of this piece of land that provides everybody with a solution. The way it zones now, doesn't and it is not going to stay this way. If Bettys position is going to be no restaurant then I am going to start slashing what the zone requires we are not coming back and we will not accept it. On the other hand if Betty wants to know how are you going to mitigate all these impacts then our answer is we are going to do everything possible to make sure those impacts are mitigated and then it is a safe responsible a good use of that land that is consistent with what you require of any developer up and down Aviation road and 254 and Walmart and K Mart and the Plaza and everybody else that has built something here in the Town. It would be no different. So, lets not throw out a bunch of red herrings about the site, if the issue is you do not want, she does not want to zone the site say so, if the issue is you want mitigation you have got someone here in the Town there is not one property that he owns in the Town that everybody on this Board is not proud of. Now, why would he treat this parcel why would he allow his charitable organization to treat this parcel differently. So, lets stop the nonsense in that regard Mr. Chairman, please, lets just keep it where it is supposed to be and stop getting involved in with form over substance. Lets just deal with the facts straight up we are big boys we are not novices here. Supervisor Champagne-I understand all that John. Thank you very much. Lets go back, I guess we are, you are not and should not go back and doing the long form, that is what I hear you say. All I want to do Attorney Lemery-..we do a long form we are not going to get involved in a situation where we are going to start taking out uses. We are not going to do it. Supervisor Champagne-Ok, lets wade through this one at a time. Item number three. Councilman Monahan-C2 you put no. Supervisor Champagne-Yes. Councilman Monahan-For the record I do not agree I do think it changes the character. Executive Director Martin-C2 is a no. C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Board agreed no. 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? Councilman Monahan-It is because this is not in conformance with the present master plan. Supervisor Champagne-It is in the process of transition. Councilman Monahan-You cannot use that you have got to use your present.. Supervisor Champagne-Betty we are going to look at another one two weeks from tonight we are going to look at another one two weeks from tonight and that will not be in conformance either. Councilman Monahan-And that is the...so you can not, your answer is it still has to be what it has to be you cannot change the rules and regulations of what is in a seqra. Supervisor Champagne-We have got three votes no. Councilman Monahan-In other words you guys are just making up your own rules to do a seqra. C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? Councilman Goedert-No Councilman Pulver-No Executive Director Martin-No C6, Long term, short term, cumulative, or other effects not identified in C I-C5? Executive Director Martin-The answer is no? Councilman Pulver-No Supervisor Champagne-No ..We cannot do that one until we do one. Executive Director Martin-We will go back and visit CI first and we will go back to C6. CI Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste prediction or disposal, potential for erosion, drainage or flooding problems? Councilman Monahan-Wait a minute Jim, do you have a different form than we have? Supervisor Champagne-Back to the first one Betty. Councilman Monahan-Oh, you are going back to Cl. Councilman Pulver-I am going to say no because our planning board and our town board will not allow adverse effects. Executive Director Martin-CI is there a consensus answer? Councilman Pulver-I said no. We are not going to have any adverse effects. Councilman Goedert-Mine is the same, no. Supervisor Champagne-I am going to speak from the heart, I got to get four votes on this and I would like to be able to get four votes and I want everyone here tonight to realize that, that is a goal that I have and the way the cookie is crumbling it is not looking like we are going to get four votes. But, I would think that and again I am making some assumptions which I guess could be wrong but if I am that is ok, too. But, I would like to think that given the long form and if that is not pushing the envelope beyond where it needs to be pushed that may save the day, putting it mildly. It is not an easy position to be in here I can vote no on one that is not going to do this board any good, it is not going to do you any good, it is not going to do Mr. Wood any good, we are still going to fall in the same pit that we have been in, I believe. Attorney Lemery-Mr. Chairman, I believe the mitigation is already provided for in the Town law there are some towns that do not have any planning boards and so in those towns this long form would be an appropriate way to deal with something which is not a type one action. This town has as planning board and a planning board is charged with the site plan review of project site specific issue and so we believe that the mitigation aspects of this are properly in the town law provided by the planning board of the Town of Queensbury. Mrs. Monahan is right there is an entirely different seqra proceeding that takes place at the town planning level. To do anything more in the long form other than to say yes, yes, yes three bags full, on a speculative basis doesn't serve anybodies purposes including the town board because you do not know until you got there. The real issue is, as Mrs. Monahan says, we all, lets just all be honest with each other as Charlie has asked if she is not going to vote for it unless we get rid of restaurant and we get rid of other things lets say so. If on the other hand the real issue is how we mitigate things that is a legitimate issue but lets not blow smoke in terms of no matter what I am not going to vote for a restaurant because I believe that is not appropriate and so you start red lining if you will certain appropriate uses within the zone, then you are putting a burden on this property that you have not historically put on other plaza commercial properties in the Town and you have to go right back again to the whole issue of is this piece of land zoned appropriately. We think we have provided for it, so I guess that is the question to ask, poll the board and find out, we do not need to spend you know, we do not need to spend Mr. Wood's money going back and doing the long form and getting back here and then saying well, I am going to vote for this but I will not vote for it if you have a restaurant or if you have a Hooters or something else. So that is where we are. Supervisor Champagne-Lets go back to CI Jim. Executive Director Martin-CI Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or other flooding problems? Supervisor Champagne-I heard you say? Councilman Pulver-No Councilman Goedert-No Supervisor Champagne-I heard you say no. Councilman Monahan-I want to comment that the word there is could not would. Councilman Pulver-Is what, Betty? Councilman Monahan-Could. Is the possibility there? Supervisor Champagne-Could, action could action result. Councilman Pulver-Adverse, into it, it says adverse. Supervisor Champagne-I am comfortable with planning board will take a hard look will scrutinize this and will certainly listen to the neighborhood and provide the type of facility on that property that is acceptable that is my position. I want to vote no. Executive Director Martin-Ok C6. Councilman Monahan-Jim I will still registrar that I am infatically believe that has to be a yes for the record in order to properly complete the seqra application according to the direction that come down with seqra. Executive Director Martin-C6 Long Term, short term, cumulative, or other effects not identified in CI-C5. Supervisor Champagne-That is a no. Councilman Pulver-No Councilman Goedert-No C7, Other impacts? including changes in use of either quantity or type of energy? Board-No D. Will the project have any impact on the environmental characteristics that cause the establishment of a critical environmental area? Board-No E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? Councilman Pulver-No Councilman Monahan-That has to be a yes. Supervisor Champagne-That is what we have heard tonight isn't it? Councilman Monahan-That is what you have heard tonight. Supervisor Champagne-So I would have to say that Councilman Goedert-No Councilman Pulver-No Councilman Monahan-Yes, you have heard the controversary out there. Councilman Pulver-...adverse environmental impact? Councilman Monahan-Listen to the question. Councilman Pulver-I have it right here I am reading it. Councilman Monahan-No you. Supervisor Champagne-Give us that statement again. Executive Director Martin-Is there or is there likely to be controversy related to potential adverse environmental impacts? Councilman Pulver-We have not heard about road run-off or killing endangered species? Councilman Goedert-Potential adverse environmental impacts. Supervisor Champagne-I suppose drainage. Councilman Pulver-I have not heard anything about drainage. Councilman Goedert-I have not heard anything about drainage. Supervisor Champagne-So it is a no, no and a no. Councilman Monahan-It is a yes as far as I am concerned, Jim part of the controversy here tonight. Supervisor Champagne-Well environment. Councilman Goedert-It is environmental. Supervisor Champagne-I did not hear the environmental. Councilman Monahan-Well environment is the traffic your noise the kind of the stuff that they brought up that is your environment. Councilman Pulver-They did not bring up any of that. Supervisor Champagne-Betty, I see that is up in CI, I see that part in Cl. Councilman Monahan-Is there controversy they are referring to did you get any from the community, have you gotten any controversy regarding this impact is what the question is asking. Executive Director Martin-The next step is typical reasons for supporting the determination, which is on the notice of negative, or on the notice of determination of non significance the second page. Anything that we usually have a statement that after taking a hard look the Board found no adverse environmental impact. Anything in addition you want at this time? Councilman Pulver-One thing it will be sewered, right? Supervisor Champagne-Yes. Executive Director Martin-Yes. Councilman Pulver-If is goes commercial so it will be sewered. Supervisor Champagne-Yes. Executive Director Martin-Yes. Councilman Monahan-Have you provided for that? Is there anyplace that this is stated? On the sewer or will have to be on the sewer if that is going to be rezoned? Councilman Pulver-I think that should be one of the stipulations or one of the, like the seventy five foot buffer that should all be Attorney Lemery-We have agreed that it would go on the sewer Fred. Executive Director Martin-You will stipulate to that. Attorney Lemery-We have agreed to do that. Executive Director Martin-Is that statement sufficient then? Agreed to... Attorney Lemery-That has a significant positive effect by the way on the district. Supervisor Champagne-Yes. Executive Director Martin-That would do it. Supervisor Champagne-Back to the resolution. RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION OF REZONING OF CHARLES WOOD PROPERTY ON AVIATION ROAD AND GREENWAY NORTH RESOLUTION NO.: 413,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Charles R. Wood, Individually and as Agent for the Double "H" Hole in the Woods Ranch, Inc., (Town of Queensbury Tax Map No.'s: 98-2-1, 98-3-1 and 98-3-5), 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 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 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 have no significant effect on the environment, 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 21st day of October, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES Mrs. Monahan ABSENT: None ABSTAIN: Mr. Turner Councilman Monahan made the following statement after her vote on resolution 413.96 My reason is that I believe that the Seqra form has been improperly prepared. Supervisor Champagne-Ok so we have a Seqra approval Executive Director Martin-Yes. Town Clerk Darleen Dougher-There were two items of correspondence that were handed to me tonight? (1) To: Queensbury Town Board Our Family recently moved to 14 Old Aviation Road. This property is situated directly behind Mr. Wood's 4/12 acrd treed lot. We moved here because we wanted to be close to our Son's School (Prospect School) He is deaf, visually impaired and a severe asthmatic. The only joy in his life is playing on his swing set outback and his birdhouse that he tries to watch out front. The reason we are against rezoning is it would tke away any form of a buffer from the pollution, increase traffic, and take away the birds which is one of his great loves. He is only 3 1/2 and I have a hard time keeping him away from the road as it is. Anymore pollution or traffic would make him severely ill or possibly even kill him. Please be thinking of him when you make a decision. Sincerely Laurel McNeill (2) October 21, 1996 James Martin, Community Development Director Town of Queensbury 531 Bay Road Queensbury, N.Y. 12804 Dear Mr. Martin: Once again, we understand that the question of rezoning a piece of land from residential to commercial, which is located on Aviation Road across from the Aviation Mall and approximately 1/4 mile from one of the most economically viable intersections in the North Country, is on the table for action. The ARCC Board of Directors considered this question and communicated its position in July and September 1992 and again in July of 1996. It was the unanimous conclusion that this land is, in fact, commercial in nature and as such should be treated and zoned commercial. In addition, it is our understanding that questions of green space buffers, access and egress, as well as traffic control into the nearby residential area are being adequately addressed. It would appear that to continue to maintain the present zoning designation while expecting that the property would be used for the purpose for which it is currently zoned would appear highly unlikely and suspect. Maintaining the current zoning under present conditions could, in effect, be considered a "taking" certainly not what anyone wants to deal with. Consequently, we urge the elected leaders to first assure adequate green space separation from adjacent street and then approve the rezoning request as presented by the petitioner. Yours sincerely, Isl James A. Berg President & CEO RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY CHARLES R. WOOD, INDIVIDUALLY AND CHARLES R. WOOD AS AGENT FOR DOUBLE "H" HOLE IN THE WOODS RANCH, INC. (TAX MAP NO.'S: 98-2-1, 98-3-1 AND 98-3-5) ON AVIATION ROAD AND GREENWAY NORTH FROM THE CURRENT ZONING OF SFR-lO TO PC-IA RESOLUTION NO. 414.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert Executive Director Martin-You do have some amendments you have got the buffer zone I think to include as well as the agreed upon public parking garage, PUD and Day Care Center... that seventy five foot buffer does that include the what is the name of the parcel in the corner the Pfieffer property? Attorney Lemery-All the way across. Executive Director Martin-Including the Pfeiffer property? Attorney Lemery-Across the rear of the parcel, all away across the rear of the lot. Councilman Goedert-On old Aviation Road. Attorney Lemery-Correct. And fifty feet down the east side. Now we have also agreed that it would become part of the sewer district and we would also agree that we would expect the planning board to mitigate those items that may be of concern to this board relative to the uses allowed in the plaza commercial. We hope that, that would satisfy that concern. Supervisor Champagne-Do you have anything more to add? Town Counsel Schachner-We wrote this up for you based on what we heard, do you want me to read it? Supervisor Champagne-Would you please. Town Counsel Schachner-Based on what Jim and I are hearing if we have done this correctly the first Resolved on page 2 at the end after to says to PC IA Plaza Commercial - I Acre we would add something like the following language; except that the following uses normally allowed in plaza commercial zones shall be prohibited and not allowed as part of this rezoning; parking garage, day care center, and planned unit development, the buffer condition we would add to that resolved and state; and upon conditions that a seventy five foot (75') buffer zone shall be provided along the entire northerly boundary of the parcels fronting on Old Aviation Road and a fifty foot (50') buffer zone shall be provided along the eastern boundary of the property Attorney Lemery-Mr. Supervisor, we would also be willing to stipulate that if at a point where the Town requires that footage for a road we would provided that footage that seventy five (75') to the Town at that point so that you would not have to acquire it, even though it is our green space, you would not have to acquire it we would agree to convey it to the Town. That would be a town issue at that point. Unknown-We would get a road as a buffer now? Attorney Lemery-That would be a town issue at that point, we would agree to provide that to you. Councilman Monahan-I am confused, then a seventy five foot buffer zone but it will not be conveyed to the Town Supervisor Champagne-Is that what you are saying? Councilman Monahan-So, in other words if the Planning Board or the Zoning Board at some future time decided to grant a variance and reduce the buffer Attorney Lemery-No Councilman Monahan-We do not have any guarantee of that. Attorney Lemery-We are telling you that, that is a condition to the rezoning. It is buffered it will not be used. Town Counsel Schachner-The Zoning Board could grant the variance, the planning board could not. Councilman Monahan-That is what I am saying..1 agree with that but the Zoning Board could. Supervisor Champagne-So, that does not get deeded over now, is that correct, is that what we are saying? It does not. Attorney Lemery-We could include it as our green space that is not a problem if we can include, it represents about thirty percent of the entire site so as a planning matter that could be part of our green space we would be glad to do that, so therefore it belongs to you but we do not want the rezoning to start at seventy five feet (75') in from the road so we have got another thirty percent loss of the use of the site. We want to have that taken into account in the over all use of the site. Councilman Pulver-They want to use the seventy five foot (75') buffer Supervisor Champagne-For a road. Councilman Pulver-No they are not. Attorney Lemery-We just want to get credit for it. Councilman Pulver-Right in their calculation, but they are not going to disturbed it or do anything with it. And what they are saying if they deed it over to the Town now, then they would not have that one third of their property to use for their calculations, in otherwords that property which is four acres now, becomes three acres. So, it is up to the town we can have this for our convenience at a future date, is what it is, if we so choose. Attorney Lemery-Correct. Councilman Pulver-That basically is what they are saying. I do not have a problem with that. Attorney Lemery-We would agree to what ever appropriate restriction, deed restriction to any other party that, that is a permanent buffer we would agree to that, that is not an issue. Councilman Pulver-I think it has to be a permanent seventy five feet (75') has to be a permanent buffer. Attorney Lemery-So it cannot be changed in some later zoning. We would agree to that we would also agree Councilman Pulver-With no variances Attorney Lemery-subject to how it might be worked out that we can guarantee now if we get the credit for the green space and then obviously you have it to use without having to do a taking at some point if you decide that that is the appropriate place for a road. We think that is pretty significant. Councilman Goedert-They are leaving before the answer. Supervisor Champagne-You got something corrected there? Town Counsel Schachner-Based on what I am hearing you could add, and with the condition that the seventy five foot (75') buffer zone area will be donated to the Town at no cost for use as a Town road if the Town Board should so choose in the future if they want. Attorney Lemery-You can use it for whatever purpose Councilman Pulver-I would not put road there I think they are saying we can do whatever we want with it. Supervisor Champagne-Jim, my understanding is that if we were to go in there and put the Greenway connector in that that seventy five feet (75') there would still be adequate room for the fifty foot (50') buffer plus the fifty foot (50') right of way taking some of the existing Old Aviation Road property is that what we are saying or are we going to have to chop into that Executive Director Martin-That was my point previously that if you take the offer as it is being made it would be fifty foot (50') for a right of way for a new road and a twenty five (25') foot buffer and that would be it. Attorney Lemery-You already got a road there so, Councilman Pulver-plus the road that is there. Executive Director Martin-The road acts as a dimensional separation as well. Attorney Lemery-So you could always seed that if you decide to put the road Executive Director Martin-Well you need Old Aviation Road to continue access to those houses. Town Counsel Schachner-I think I heard you would also say and that any commercial development will be served by municipal sewer facilities. Supervisor Champagne-Yes. Councilman Monahan-I think Mark, that maybe you have to say something about and that seventy five foot (75') buffer I am again concerned that this be written that any future buyer cannot go to the zoning board and get a variance that might. Town Counsel Schachner-I cannot be done, the definition, a part of the zoning amendment that you enacted and therefore by definition the Zoning Board of Appeals has the right to issue a variance. Councilman Monahan-Could you put the condition in that, there will be no use made of that seventy five foot (75') buffer except by the town or something or other like that so that this could not get a variance in the future. Attorney Lemery-If you could work Town Counsel Schachner-You could do the first part but you cannot do the second part, by definition the Zoning Board of appeals Attorney Lemery-We will convey it to you now Town Counsel Schachner-under law has the ability to issue a variance from any zoning... Attorney Lemery-We would convey it to you now Councilman Monahan-I am not sure you can under the regulations Attorney Lemery-..conservation easement you could take it as a conservation easement or convey it for a permanent buffer we just want to make, we just want to have the right to consider as part of our agreement if we convey it. We want to do what we can so that it cannot ever be used for anything else. Executive Director Martin-I understand what you are trying to get at but, and I think it is a commendable offer but I do not know if conveying is the answer I think that makes things it is a subdivision then and the lots created as substandard lot I just Attorney Lemery-How about a conservation easement. Executive Director Martin- I just think that any language that could foresee that could foresee the use of that property as a road from by perspective needs the known planning needs on that site. I do not necessarily have to be owned by the Town at this point. Councilman Pulver-I agree I think I would prefer to leave it as a seventy five foot (75') buffer. Executive Director Martin-I think Mark's language in there works. Supervisor Champagne-I think it is clean enough for me. Attorney Lemery-If this would satisfy Mrs. Monahan we would agree to put in into a deed to a subsequent owner that that rear seventy five feet (75') cannot be developed and must be kept so that it runs with the land. We would agree to do that. Councilman Monahan-Would that work.. Executive Director Martin-Yes. The deed restriction might be the way to do that way it does not involve any conveyance... Supervisor Champagne-There you go, that would work. Do we need to have that in there Mark? The deed restriction. Town Counsel Schachner-Yes if that is a condition Supervisor Champagne-that is agreeable. Town Counsel Schachner-With the additional condition that the seventy five foot (75') buffer area shall be subject to a deed restriction prohibiting any development of this area by this or any subsequent owner of the property. Supervisor Champagne-Now are you happy with that? Executive Director Martin-That is everything that I heard. Supervisor Champagne-Motion is on the floor RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY CHARLES R. WOOD, INDIVIDUALLY AND CHARLES R. WOOD AS AGENT FOR DOUBLE "H" HOLE IN THE WOODS RANCH, INC. (TAX MAP NO.'S: 98-2-1, 98-3-1 AND 98-3-5) ON AVIATION ROAD AND GREENWAY NORTH FROM THE CURRENT ZONING OF SFR-lO TO PC-IA RESOLUTION NO. 414.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Charles R. Wood, Individually and as Agent for the Double "H" Hole in the Woods Ranch, Inc., has petitioned the Town Board of the Town of Queensbury for a zoning change of his property lying and existing within the Town of Queensbury and bearing Tax Map No.'s: 98-2-1, 98-3-1 and 98-3-5, located at the corner of Aviation Road and Greenway North and currently zoned SFR-lO (Single Family Residential- 10,000 Square Feet) be rezoned to PC-IA (Plaza Commercial- I Acre), and WHEREAS, on or about July 16, 1996, the Town of Queensbury Planning Board adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, on or about August 21, 1996, the Warren County Planning Board adopted a resolution recommending disapproval of said rezoning, and WHEREAS, a public hearing was held on this matter on October 21, 1996, 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 Charles R. Wood, Individually and as Agent for the Double "H" Hole in the Woods Ranch, Inc., (Town of Queensbury Tax Map No. 's: 98-2-1, 98-3-1 and 98-3-5) located at the corner of Aviation Road and Greenway North to PC-IA (Plaza Commercial- I Acre) except that the following uses normally allowed in Plaza Commercial zones shall be prohibited and not allowed as part of this rezoning: parking garage, day care center and Planned Unit Development and upon conditions that a 75' buffer zone shall be provided along the entire northerly boundary of parcels fronting on Old Aviation Road and a 50' buffer zone shall be provided along the eastern boundary of the property and with the condition that the 75' buffer zone area will be donated to the Town at no cost if the Town Board should so choose in the future with the condition that the 75' buffer area shall be subject to a deed restriction prohibiting any development of this area by this and any subsequent owner of the property and that any commercial development will be served by municipal sewer facilities, 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 XIII 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 21st day of October, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES Mrs. Monahan ABSENT: None ABSTAIN: Mr. Turner Councilman Monahan request that the following statement be read into the record during her vote: While I believe that this property should and will be rezoned for limited commercial uses I cannot vote for this rezoning based on a Seqra that I feel is not properly done therefore I must with regret vote no. Mr. Tucker-Why did Ted abstain? Make it a part of the record will you? Councilman Turner-Conflict of interest, Pliney. Mr. Tucker-In no way, you are going to be sharing in this project? Councilman Turner-I might, who knows? Mr. Tucker-I might too, but, Councilman Turner-I have done work Mr. Tucker-Have they offered you anything? Supervisor Champagne-I am going to bring the meeting back to order here. Mr. Turner has done work up there for some time will continue to work up there and therefore he has decided to abstain, as simple as that. Mr. Tucker-That is all I wanted was part of the record, that is all. Mr. Charles Wood-One last word and ..back again, because I apologize all the folks who wasted their time I apologize not for your folks because, Betty Monahan will vote no on anything that comes up, Teddy Turner I have known for thirty years I have given him a lot of work because he does good work I never paid him a nickel more than he deserved to get and I am ashamed of him and I will never hire him again because you would not even stand up and support me for thirty years I have supported you for every job I had. RECESS COMMUNICATIONS LTR. Dear Paul, I am in agreement with the letter, my wife and I have been turning onto Cottage Hill Road to avoid an accident at the intersection of Aviation Road and Prospect Drive. I am also sending delivery trucks down Cottage Hill Road to avoid an auto or truck accident. I have been in Queensbury at this same location for 27 years and this is a real problem. Sincerely, Isl Dick Mac Hold 18 Hillcrest Avenue Queensbury, N.Y. RESOLUTIONS RESOLUTION TO ACCEPT BID FOR THE SUPPLYING OF PROPANE AND ASSOCIATED STORAGE FACILITIES INCLUDING CONNECTIONS TO EXISTING 4 INCH SUPPLY PIPING RESOLUTION NO. 415,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for the supplying of propane and associated storage facilities for the Queensbury Water Treatment Plant for the 1996-1997 heating season, pursuant to Town of Queensbury Specifications, and WHEREAS, AGWAY PETROLEUM CORPORATION, has submitted the only and therefore the lowest bid for the propane, and WHEREAS, a copy of the bid has been presented to this meeting, and WHEREAS, Thomas Flaherty, Water Superintendent, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the supplying of propane and associated storage facilities for the Queensbury Water Treatment Plant for the 1996-1997 heating season to AGWAY PETROLEUM CORPORATION and that the same be paid for from the appropriate Water Department account. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Councilman Turner-Questioned use ofPropane...Water Supt. T. K. Flaherty- We originally wanted to go with natural gas but it did not get there in time, our feeling is that propane will be cheaper than fuel oil. RESOLUTION AMENDING 1996 BUDGET RESOLUTION NO.: 416,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury Pine View Cemetery Commission desires to purchase a flag pole for the Pine View Cemetery with a cost of $940 but inadequate appropriations exist in the Cemetery Contractual Account No. 02-8810-4400, and WHEREAS, the purchase of this item shall be made out of the Boychuk reserve fund, and WHEREAS, the Town Board of the Town of Queensbury desires to amend its accounts accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1996 Budget be amended as follows: I) Increase appropriations in the Cemetery Contractual Account No.: 02-8810-4400 by $ 940.; 2) Increase appropriated fund balance by $ 940.; and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION REJECTING BIDS FOR QUEENSBURY HIGHWAY GARAGE RE-ROOFING RESOLUTION NO.: 417,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously advertised for bids for the re- roofing of the existing Town Highway Department Garage, and WHEREAS, the Town of Queensbury received two (2) bids and the Facilities Manager has recommended that the Town reject the bids as they exceed the budgeted amount, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rejects the bids received for the re-roofing project referenced herein and hereby authorizes and directs the Facilities Manager to take whatever steps may be appropriate or necessary to accomplish the purposes and intent of this resolution. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Supervisor Champagne-We had two bids come in one at 91 the other at 93 it was well beyond the budgeted amount we are going back out to re-bid. RESOLUTION AUTHORIZING PURCHASE OF VEHICLE FOR TOWN ASSESSOR'S DEPARTMENT RESOLUTION NO.: 418,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, a contract in an amount greater than the amount of $5,000, up to New York State bidding limits, must be approved by the Town Board before said contract is entered into, and WHEREAS, the Town Assessor has proposed to purchase a vehicle for her department's use in the amount of $16,173, and WHEREAS, NYS Bidding is not required, since the vehicle to be purchased is under State Contract, and WHEREAS, the Town Assessor has requested a budget transfer to purchase the vehicle and the Chief Fiscal Officer has approved the budget request, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of one Ford Taurus Wagon from Geneva Ford Sales, Inc., in the amount of $16,173, and BE IT FURTHER, RESOLVED, that $16,200 be transferred from the Town Assessor's Article 7 Account No. 01- 1355-4740 to the Town Assessor's Vehicles Account No. 01-1355-2020 and the 1996 Town Budget is hereby amended accordingly. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 419,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain Town Departments have requested fund transfers for the 1996 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1996 budget: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-1079 (Property Tax Servo Ass't PT) 01-1355-1002 (Misc. Payroll) 900. 01-1355-1078-0002 (Property Tax Servo Ass't Overtime Earnings) 01-1355-1002 (Misc. Payroll) 206. 01-1355-4110 (Vehicle Repair & Maintenance) 01-1355-1002 (Misc. Payroll) 400. 01-1355-2031 (Computer Hardware) 01-1355-2010 (Office Equipment) 3,700. 01-1355-4220 (Training/Education) 01-1355-2010 (Office Equipment) 500. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 21st day of October, 1996, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr.Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF SERVICES OF CAPITAL RISK ASSOCIATES, INC. TO DEVELOP REQUEST FOR PROPOSALS AND SPECIFICATIONS FOR THE TOWN OF QUEENSBURY'S VOLUNTEER FIRE COMPANIES AND EMERGENCY SQUADS' 1997 INSURANCE COVERAGE RESOLUTION NO.: 420,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury wishes to retain the services of CAPITAL RISK ASSOCIATES, INC., to develop a request for proposals and specifications for the Town of Queensbury's Volunteer Fire Companies and Emergency Squads for a cooperative property, liability and automobile insurance purchase plan for 1997, as outlined in the attached letter agreement dated October II, 1996, and WHEREAS, CAPITAL RISK ASSOCIATES, INC., has agreed to perform the aforesaid services at a cost not to exceed $4,000., and WHEREAS, the proposed agreement, as amended, has been reviewed and approved in form by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of CAPITAL RISK ASSOCIATES, INC., to perform the services outlined in the preambles of this resolution at the cost of $4,000., and further authorizes and directs the Town Supervisor to sign the agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account #05- 3410-4400. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING WITHDRAWAL OF ESCROW FUNDS CONCERNING HUNTER BROOK LANE IN THE CROSS ROADS PARK SUBDIVISION RESOLUTION NO.: 421,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 341,94 authorized the acceptance of Hunter Brook Lane in the Cross Roads Park Subdivision, with the exception of the final blacktop surface as per an Agreement between the Town of Queensbury and Bay Associates dated June IS, 1994, and WHEREAS, the Town Board of the Town of Queensbury, at the time of acceptance, also authorized the retention of $6,000 escrow funds to be retained by the Town until either June 20, 1996 or such time as the final blacktop surface was complete by Bay Associates, and WHEREAS, June 20, 1996 has passed and Bay Associates has failed to complete the top coat thereby defaulting on the June IS, 1994 Agreement, and WHEREAS, according to paragraph 2 of the Agreement, the Town of Queensbury may expend such escrow funds as necessary to complete the asphalt surfacing of the road, and WHEREAS, the Town Highway Superintendent has advised that he can perform the final blacktop surfacing utilizing the escrow funds currently held by the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the withdrawal of the sum equal to the costs expended by the Town Highway Superintendent for the final surfacing of the road from the Bay Associates Escrow Account, and BE IT FURTHER, RESOLVED, that the estimated revenues in the Highway Department Account, Forfeiture of Deposits, will be increased and appropriations in the Town Highway Paving Materials and Miscellaneous Payroll Accounts will be increased to cover associated costs as determined by the Town Comptroller's Office in conjunction with the Town Highway Department. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BID FOR LIGHT SODA ASH FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 422,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for bids for light soda ash pursuant to bid specification no. 96-6 previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Town of Queensbury received one bid in connection with the aforementioned advertisement, and WHEREAS, Thomas Flaherty, Water Superintendent has recommended that the bid be awarded to VanWaters & Rogers, the only and therefore, lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for light soda ash to VanWaters & Rogers and authorizes and directs that the same be paid for from the appropriate Water Department Account. Duly adopted this 21st day of October, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None PLANNED DISCUSSION ITEMS OLD BUSINESS - NONE NEW BUSlNESS- Supervisor Champagne-I have received a copy of an application proposal from the National Church Organization and I have asked Betty to review it with us if she will please. Councilman Monahan-We have here a copy that the National Church Residences has sent in for a grant for the additional units for Senior Citizens which would be placed near Solomon Heights. Grant 4,194,700. it is in the pipe line, we hope it will be acted on and we will be on our way with sixty more units of senior housing which will be supervised by the National Church Residences. Supervisor Champagne-Asked permission from the Board to send a letter in support of that application to Washington for their review. Board agreed. Executive Director Martin-Questioned the time frame... Councilman Monahan-Submitted 8-19-96, proposed start date of project 10-1-97, with an ending date of 4- 1-99. TOWN BOARD MATTERS- The Town Board will meet Wednesday at 9:30 to I and 4:30 to whenever... ATTORNEY MATTERS Town Counsel Schachner-One executive session matter OPEN FORUM Mr. John Schreiner-Camp on Dunhams Bay on Lake George-Informed the Board since the summer season is over the light that has been shining in my camp is now turned off.. .requested a lighting ordinance...questioned the employees parking vehicles up there, was the company notified? Executive Director Martin-Have discussed this with Town Counsel.. Town Counsel-Evaluating trying to find the real property rights in Old Dunhams Bay Road and surrounding area, verify town ownership of the road there. Executive Director Martin-Re: Parking that is a matter of clarification with the Planning Board as to what was meant with the site plan approval for any limitation of parking... Requested a letter from Mr. Schreiner to initiates the clarification from the Planning Board... Mr. John Salvadore-It is my understanding that the Boat Company could utilize that area to park their employees vehicles providing their employees were in the area working on boat storage, that is what is allowed there. Noted town should contact DOT for mapping of the road... Questioned resolution that was passed for escrow funds in regard to a road, who owns the road? Supervisor Champagne-It is a Town Road. Reviewed the purpose of escrow funds, in regard to finishing roads. Mr. Salvadore-I think that resolution accepting the road is totally out of order, I do not think you have the power to accept and dedicate a road that has not been completed by the developer. Questioned if Mr. Naylor figures on finishing the road has been gone over? Supervisor Champagne-Yes. Mr. Salvadore-Questioned if the Town or the County going to get in on the sale of the North Queensbury Fire House? Noted that we are talking about a North Queensbury Sewer Dist., might need land for facilities... Speed limit buoys were moved at the mouth of Dunhams Bay, in September, no one know who authorized the removal of said buoys, the buoys are there by your ordinance.. .Requested a workshop on vessel regulation zones, boat docks and boat houses on the lake...RE: Legal services, I have not gotten an answer on the easement requirements for crossing a Town Road... Supervisor Champagne-It is in the mail Mr. Salvadore-Negotiations with Emergency Services, are you utilizing the recommendation from the report that you received from your consultant? Supervisor Champagne-Yes. Mr. Salvadore-Requested that the Town Board before election day consider a resolution of support for the buyout of the Niagara Mohawk facilities in the City of Glens Falls... Supervisor Champagne-Personally speaking I am not going to vote for that, not as a Board Member...this is too premature, discuss it after the vote of the public... Mr. Salvadore-RE: Discussion on Zoning Change-the public hearing is closed then a lot of significant discussion takes place between the board your counsel your staff and the applicant, things change and other issues are coming up and the public is locked out of any kind of comment. I would recommend that the public hearing be lift open until such time that you are ready to vote then close it. Requested that the Town Board issue an expression of non support of the environmental bond act that is being put on the ballot in November, reviewed the bond act... Mr. Pliney Tucker-The proposed expansion to the Water Treatment Plant, it was to be a million gallon concrete storage tank on Gurney Lane, was that bid awarded? Supervisor Champagne-Will check into that... Mr. Tucker-I want to thank Mr. Martin and Mr. Goralski, there were a few businesses on Big Boom Road that were running amuck...Glens Falls Concrete has been working with them to clean up the site and a tractor trailer load of used tires that was stored at a trucking firm has been cleaned up... Mr. George Drellos-RE: Tower going up near his property, thanked Jim Martin...asked the board if they could put a moratorium on towers until some laws can be put into effect. Executive Director Martin-I think George is right, there are going to be more of these... Board agreed to have a proposed resolution before them at the next meeting regarding a moratorium on towers... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 423.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby calls for and Executive Session to discuss Personnel and Harris litigation. Duly adopted this 21st. day of October, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 424.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves out of Executive Session and Regular Session be and hereby is adjourned. Duly adopted this 21st. day of October, 1996 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury