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2008-04-28 SP MTG#18SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 1 SPECIAL TOWN BOARD MEETING MTG#18 APRIL 28, 2008 Res #239-241 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH BOARD MEMBERS ABSENT COUNCILMAN TIM BREWER TOWN OFFICIALS CHUCK RICE, SUPERINTENDENT OF BUILDING AND GROUNDS SUPERVISOR STEC-Opened meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 239, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session for Zoning Board of Appeals Alternative Interviews. th Duly adopted this 28 day of April, 2008, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec Noes: None Absent:Mr. Brewer RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 240, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters back into Regular Session. th Duly adopted this 28 day of April, 2008, by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier Noes: None Absent:Mr. Brewer SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 2 NO ACTION TAKEN IN EXECUTIVE SESSION CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT & HILAND PARK SEWER DISTRICT CONSOLIDATION WASTEWATER DIRECTOR, MIKE SHAW Presented graphs of both districts showing what has happened since 1994 and the cost to the typical user in the districts noting that rates for the Central Queensbury Quaker Road Sewer District have not been raised in twelve years. By combining these two districts together you will get the benefit of future costs spread over a wider base and less affects to the property owners in the two districts. After further discussion it was the decision of the Board to adjust the rate, but wait two years for the consolidation, until both districts are debt-free. Board spoke regarding expansion of sewage capacity in the future. Wastewater Director Shaw noted they will exceed capacity at the Glens Falls Treatment Plant will be looking for another buy-in. Supervisor Stec-Asked Mr. Shaw to keep on top of this on how much they will need to buy and when, to come to the board with a resolution. Councilman Montesi recommended that they may want to do some engineering work on a feasibility study for the future. QUEENSBURY SENIOR CITIZENS PROJECTS UPDATE Representatives from the Queensbury Senior Citizens spoke to board members regarding future plans, presented power point presentation which included a proposal for a sign promoting the seniors or any Town function that takes place, which would cost $8,600 board members, noted they may cover half the cost of the project. Superintendent Rice, spoke regarding his concerns with placement of the sign. Supervisor Stec would like to move forward with this need to pin down an exact location he will speak with the Attorney regarding going in with the seniors on the sign. Representative spoke regarding purchase of a bus for the seniors to be used to drive Queensbury seniors and events among other destinations. The Federal Grant pays for eighty percent of the upfront cost the base price for the vehicle is $56,000 the federal funding is $44,000 the local cost is $11,230. The expected life of the vehicle is five years or a hundred and fifty thousand miles. After further discussion the board noted their concern with the cost of this and questioned if drivers would be volunteers or paid and the scheduling of this noting this is what Greater Glens Falls Transient is for. Asked the representatives to contact other municipalities regarding this to see how it works, representatives noted they would be willing to work with the Town. TUKENDEWIDE ATTORNEY MICHAEL O’CONNOR Attorney O’Connor spoke to the board regarding three homeowners within the Homeowners Association that obtained area variance in November 2006 to expand their units. The variance was conditioned upon the applicants satisfying the planning board with the septic, looked at doing a community system for those units. In March 2008 Planning Board approved and gave site plan approval for the community system that was proposed. The negative declaration was reviewed by the Town Engineer and approved by the Town Engineer. It also has been given preliminary approval by DEC, which is the ultimate permitting agency for the community septic system. DEC will not allow construction until a Transportation Corporation is set up to oversee the operation and maintenance of the septic system. The law that provides for the setting up for the Transportation Corporation says that you cannot set it up except with the consent of the municipality in which it is located in this is why we are here to get the approval of the board for the Transportation Corporation. Supervisor Stec when we did this last time we sent this to our engineer to look at it and to the Attorney to prepare resolution. Attorney O’Connor they need a sign off with Town Engineer, Ryan showing that they have added two items that he wanted to have added. We put in a couple observation wells to look at the water and he was concerned about limiting vehicular access to the field. We talked about fencing, signs and we ended up with a hedge. After further discussion it was the SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 3 recommendation of the Supervisor to get the map signed then submit information to Town Attorney. DUNHAM’S BAY RESORT LODGE REZONING MIKE O’CONNOR, ATTORNEY - Submitted an application for rezoning on behalf of the owners of the Dunham’s Bay Resort Lodge. They are proposing a portion of land be rezoned from rural residential to recreational commercial. Spoke with John Salvador who would like to have his land included in this rezoning. The original application he submitted did not include the surrounding lots, therefore submitted a revised copy to the Board. Noted that he is aware that his application is incomplete but there is a lot of expense in completing the application but does not want to spend a lot of money with the surveyors and the engineers and have it be completely wasted without getting the consensus from the Board first. In reference to the Comprehensive Land Use Plan of 1988 that plan specifically recommended a change of the zoning to accommodate the existing uses. This is the problem with pre-existing non-conforming operations. I don’t think there is anybody that thinks that this lodge or resort property is ever going to go back to residential because the investment is too significant. Councilman Strough questioned why they are asking for the change? Attorney O’Connor explained that it puts the property owners at a great commercial disadvantage. For example, if they want to put an outside deck on they would have to get a use variance. Use variances are very, very difficult to get. Councilman Strough noted his concerns about rezoning the entire thirteen acres. He understands that by rezoning the property that the Dunham’s Bay Resort Lodge is on, would free them to do some of the things that make sense for them to do. He has a problem expanding it beyond that. Attorney O’Connor explained that part of the reason for doing this is to correct the mistake that was made in the past. It doesn’t make any planning sense to rezone the front part and not the back part (Councilman Strough feels this makes sense). The back part was originally intended to stay fairly undeveloped. Attorney O’Connor suggested that if they are going to leave the back part as is then they should make it LC-42 acre. Councilman Strough is willing to go along with that suggestion. Attorney O’Connor noted that with LC-42 acre campsites are permitted. That is a logical thing to do. After further discussion it was the decision of the Board to go ahead with the application to rezone the Dunham’s Bay Resort Lodge property. However, the Board was not in favor of rezoning more than that, due to the fact that it would open it up for other uses which many of the neighboring residents are opposed to. Attorney O’Connor questioned the Town’s regulations on rezoning with regards to the application and the map required. When he redoes the application he will put in a request for a waiver. Supervisor Stec noted that he did not feel this is needed to go to the Planning Board for a recommendation to decide whether or not we want to rezone. He advised him that if he can get it to the Town Clerk’s Office within the next couple of days he can put th him on the agenda for the next Regular Town Board Meeting on May 5 to set a public th hearing for May 19. Attorney O’Conner questioned why Craig Brown took objection to Paul Getner, Manager of the Dunham’s Bay Resort Lodge, signing the application on behalf of the owner. Councilman Strough informed him that the corporation can designate anybody they want. Stuart Baker advised them to submit a letter designating Mr. Getner as an authorized signatory for the purposes of the rezoning application. OTHER BUSINESS : COUNCILMAN STROUGH- ? Questioned Supervisor Stec regarding a resolution on the Rush Pond project for th the next Regular Town Board Meeting on Monday, May 5. ? Glens Falls is having their centennial and has suggested the Board put together a resolution of congratulations. th ? On Sunday, May 4 at 1:30pm Councilman Strough, Councilman Montesi and the Post Star will go for a walk on the Rush Pond Trail. Anyone else interested is welcome to come along. ? Spoke regarding the Ethics Committee and the interest in beginning the interviewing process. SPECIAL TOWN BOARD MEETING 04-28-2008 MTG#18 4 SUPERVISOR STEC- ? Friday is the advertising deadline for the IT Director. We will need to go through those applications. COUNCILMAN MONTESI- ? The North Queensbury Fire Department has been in contact with him regarding establishing a district and would like to get together with the Board to discuss this. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 241, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 28 day of April, 2008, by the following vote: Ayes: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi Noes: None Absent:Mr. Brewer Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury