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1990-11-13 SP 292 . s SPECIAL TOWN BOARD MEETING NOVEMBER 13th, 1990 7:08 P.M. BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL D USEK DEPUTY TOWN ATTORNEY KARLA CORPUS TOWN OFFICIALS Lee York, Pat Collard, Kathleen Kothe, David Hatin PRESS W WSC WORKSHOP/ZONING ORDINANCE SUPERVISOR BORGOS-Opened meeting. LEE YORK-Presented Board members with list of propose changes to be mode in the Zoning Ordinance. 1) Suggestions for Immediate changes to the Zoning Ordinance Definition 263 Shoreline building setback remove and the shoreline of navigable stream SUPERVISOR BORGOS-Noted this was on area that will have to be further discussed the new 263 which is the old 264. Article 10 Use and Area Variance TOWN ATTORNEY-Noted that this would be an item that would be critical. Recommended that the Board change the area variance requirement to what is currently the accepted law in New York State. Stated that in the Ordinance 10.040 number one would get removed noted this would be the biggest change to be made. Noted that the use variance seems to be in line. APA comments for modifications TOWN ATTORNEY-Noted that this has to do with Article 15 and Article 15 has not been revised at this time. Recommended to Board that whatever revisions ore going to be mode to the Ordinance if they are going to affect property within the A.P.A. will hove to be run by the A.P.A. Recommended that at that some time they clear up the other issues with the APA. Section 4.070E-There shall be no more than one residential dwelling per building lot. SUPERVISOR BORGOS-Noted the Board should consider leaving open the possibility for the creating of mother-in-law type dwellings on building lots, Board to look into this further. Article 8- Joining of lots - 3 year clause — DAVID HA TIN-Noted that the Board cob either checkerboard the lots or after three years they will be joined the someway you would with a person out of a subdivision that has two adjoining parcels. TOWN ATTORNEY-Suggested another alternative would be what the Town Law says; that if you change the zoning ordinance such that the side setbacks, area size of lots, everything becomes different in a given area of Town what happens is that the lots become nonconforming 293 they may or may not be buildable. Noted if they are not buildable the person then has the opportunity to go to the Zoning Board for a variance assuming he gets by the three year standard he would go to the Zoning Board for a variance this would give you the control of what gets built on the lot because in order to get the variance you would have to prove certain things such as practical difficulty and minimum variance needed. Stated this is not a perfect system, but this is another answer. In otherwords setting the criteria doing away with the joining of lots all together and then having the three year criteria in place, stated this is on option too. If you just work with setbacks, area sizes etc., soy you had the three year clause what would happen in three years from the date of the Ordinance everything would be okay they would all be considered conforming regard less of what the Ordinance says. After three years they are not joined, but are nonconforming lots and may or may not be buildable. Stated that they will do away with the adjoining lots then after that the new Ordinances will apply after three years to everybody, but you would give everyone a three year exemption from 1988. COUNCILMAN PO TENZA-Recommended that they don't just select the subdivisions. It should be fair throughout the Town. SUPERVISOR BORGOS-Asked the Town Attorney to propose some language that would reflect the concept. COUNCILMAN MONAHAN-Feels that the critical environmental areas should be protected. Article 9 - Nonconforming lots Item to read as follows: Article 9, Section 9.010 Continuotion sholl read as follows: Subject to the provisions of this Article, a nonconforming structure or use or a structure containing a nonconforming use may be continued and maintained in reasonable repair but may not be enlorged or extended as of the dote this Ordinance becomes law, except by site plan approval of the Planning Board, if said alternation, enlargement or extension is more than on aggregate of fifty percent (50%) of the gross floor area of the structure., PAT COLLARD-Asked to have the word altered token out. BOARD-Agreed. TOWN ATTORNEY-Noted that it is important in how you structure where they go after the 50% is exhausted. COUNCILMAN KUROSAKA-Noted that he would like to separate the lake from the town. TOWN ATTORNEY-Thinks this con be done. PAT COLLARD-Asked if they could consider excluding non-living expansions such as garages, deck. SUPERVISOR BORGOS-Stoted if you either meet setback or have gotten a variance for the setback then you should be able to put the deck up. Feels some language should be changed here. COUNCILMAN MONAHAN-Noted you should keep the critical environmental areas separate. TOWN ATTORNEY-Asked the Board with reference to decks if this was on a nonconforming structure you said you would be going to go to the Zoning Board, but no site plan, asked if this would apply to both in a critical environmental area and out of a critical environmental area? COUNCILMAN MONTESI-Stated none of them would have to go to site plan review. 1 SECTION 7.050 MininglExcovoting DAVE HA TIN-Thinks that this section was pertaining to mining operations, but thinks the heading wasn't worded properly. SUPERVISOR BORGOS-Stoted some language should be put in this section to make it clear 294 that this doesn't apply to anything except mining. COUNCILMAN MONAHAN-Stating making a separate heading entitled "Commercial Mining Excavation" TOWN ATTORNEY-Noted that there are two issues. One, is deciding whether or not the 50 foot buffer would apply in all instances or just in the instances of a commercial excavation operation. Two, if you wont to allow slopes in Town at a greater than 30 per cent how do you want that handled? Do you want to let it go through a variance or engineering? COUNCILMAN POTENZA-Recommended that they stay with the language of 7.051 - Excavation, except for adding the 30 to 50 per cent slope with the approval of a licensed engineer. Then section B and C stays the some and Section 7.052 - Buffer Zone for commercial mining only. MR. HA TIN-Suggested leaving Section 7.051 alone. SUPERVISOR BORGOS-Noted Section 7.052 could be applied to only sand and gravel extraction operations or commercial extraction. Asked Town Attorney to propose some language for this section. Subdivision Regulations In the case of a two lot subdivision SUPERVISOR BORGOS-Noted this would give the Senior Planner the right to make the determination. TOWN ATTORNEY-Would like a chance to study this further. Two Times the Lot Width Section 4.052 BOARD-Feels that this needs to be looked into further. BUDGET SUPERVISOR BORGOS-Asked the Board if they hod any thoughts on the budget? COUNCILMAN MONA HA N-Concerned about the landfill and that there isn't a line in the budget-- for the grovel expense. SUPERVISOR BORGOS-Stated he put a line in the budget for the landfill. Has discussed this with the Town Attorney. TOWN ATTORNEY-Would like to look into this further. COUNCILMAN MONA HA N-Concerned with the income side of the budget. Has done on analysis of the lost three years. Concerned that we won't make the soles tax. SUPERVISOR BORGOS-Noted that they should make the sales tax. COUNCILMAN MONA HA N-Concerned with the mortgage tax that it is down. SUPERVISOR BORGOS-Noted that they will be down $17,000.00. COUNCILMAN MONA HA N-Concerned for two reasons. One, what their not going to make this year. Two, the numbers being in too high for next year. Noted that the building permits are down. Concerned that they're going into next year with the numbers that they're not making this year. SUPERVISOR BORGOS-Noted that in the budget process he has sat down and gone through each line of the budget. BARBARA BENNETT-Asked the Board on the Highway Fund Revenue the requested Budget was $134,500 and you allocated $2,406,355; SUPERVISOR BORGOS-Noted that there was a number left out of there which would be the transfer from the general account. MRS. BENNETT-Noted that there was a difference between this year and lost year of $243,658 at the preliminary stage. 295 SUPERVISOR BORGOS-Noted at the moment in Highway the Preliminary Budget verses the current year opproprioted there is a difference of $70,100.00. MRS. BENNETT-Asked why the retirement fund would go down? SUPERVISOR BORGOS-Noted the legislature didn't not wont to charge municipalities and others in the State Retirement Systems for one year of retirement benefits. MRS. BENNET-Asked about the Queensbury Water Fund the Bond Anticipation Notes of $324,997? SUPERVISOR BORGOS-Noted this was on error and it should now read $53,962.00 instead of$330,962.00. MRS. BENNETT-Asked why the Supervisor Office and the Budget Officer accounts have doubled? SUPERVISOR BORGOS-Noted that it has been broken into two ports you have the Supervisor, Deputy Supervisor, Confidential Secretary, Administrative Assistant. The Deputy Supervisor total for this year is $750.00 next year it will be $1,000.00 in the proposal. The equivalent total was $115,00.00 in this year's budget the proposal for next year is $124,00.00 so there is an increase of $9,000.00. Noted at the bottom the accounting deportment numbers didn't show up on the page because they weren't in this configuration lost year and the computer can't handle it. Noted that looking at the other increases there is approximately a $10,000 to $15,000 increase because of service contracts and warranties are going up due to the new computer system. If you looked at the whole budget your looking at about a $25,000.00 increase including the Accounting Office. MRS. BENNETT-Asked why the Superintendent of Highway's personnel services went up $68,000.00? SUPERVISOR BORGOS-Noted that personnel services ore the salaries of the people in the department. SUPERVISOR BORGOS-Asked the Board what they wanted to do with Crandall Library? COUNCILMAN MONAHAN-Noted that she would like to go with $220,000.00, and would like to odd $1,000.00 more to the Hyde Museum and Chapman Museum, but only if the money can be found some p/oce else. COUNCILMAN KUROSAKA-Agreed with this proposal. COUNCILMAN POTENZA-Agreed with proposal for library, but not with museums. SUPERVISOR BORGOS-Noted that the Operation Uplift that was held lost Saturday to send goods to Saudi Arabia has ask the Town if they could come up with $500.00 to help buy some red, white, and blue ribbons to encourage the support of the donations, asked the Board for their approval. BOARD-Agreed. SUPERVISOR BORGOS-Noted that the Run for 92 will be held on November 29th, 1990 at 4:00 p.m., with a celebration at the Civic Center. The Committee has asked from the Town to help with promotion for this event. Asked the Board for their authorization with the sum not to exceed $1,000.00. BOARD-Agreed. SUPERVISOR BORGOS-Asked the Board if they would object to closing the building at 3:30 p.m., so people in the Town Office Building can attend this event? BOARD-Agreed. RESOLUTIONS RESOLUTION ACCEPTING RIGHT-OF4AYIEASEMENT WITH 73 QUAKER ROAD ASSOCIATES, L. P. RESOLUTION NO. 650 1990, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos: 296 WHEREAS, the Town Board of the Town of Queensbury is desirous of widening and redefining a certain Right-of-Way/Easement previously granted to the Town of Queensbury, which Right-of-Way/Easement is located along the northerly shore of Hovey Pond, and over property currently owned by 73 Quaker Road Associates, L.P., and WHEREAS, in order to do so, it is necessary for the Town to enter into o certain Right-of-Way/ Easement with the owner of the property encumbered by said easement, and WHEREAS, the form of the Right-of-Woy/Easement has been reviewed and approved by Karla M. Corpus, Deputy Town Attorney for the Town of Queensbury, NOW, THEREFORE, BE IT ! RESOLVED, that said Right-oj-Way/Easement is hereby accepted and approved, and the Towr►-- Supervisor is hereby authorized to execute, sign and offix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to cause said Right-of-Woy/ Easement to be recorded in the Warren County Clerk's Office, after which it sholl be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that this resolution sholl be contingent upon the Supervisor for the Town receiving a written statement in o form to be approved by the Town Attorney concerning the granting of the Town the right to fill around Hovey Pond adjacent to property that may or may not be owned by 73 Quaker Rood Associates, and such writings shall release whatever rights that they have or grant whatever permission they may give under the low to fill up to the fence line of said property. Duly adopted this 13th day of November, 1990, by the following vote: AYES: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None — RESOLUTION TO CONVENE AS THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 651, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenzo: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Town Board and moves into the Queensbury Board of Health. Duly adopted this 13th day of November, 1990, by the following vote: AYES: Mr. Kurosako, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION APPROVING USE OF ENGINEER REGARDING GROUNDWATER RESOLUTION NO. 29, 1990 Introduced by Mr. George Kurosako who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the following engineer(s) are hereby approved by the Town Board of the Towr of Queensbury acting as the loco/ Board of Health to be able to determine the seasonal high— groundwater mean level at times other then March, April, May or June as listed in the Sanitary Sewage Disposal Ordinance for the Towr1 of Queensbury adopted May 11, 1982 in accordance with Appendix F titled "High Groundwater Determination currently located on Page 24 of said Ordinance: Mr. Jeffrey G. Martin, P.L.S./Geologist. Duly adopted this 13th day of November, 1990, by the following vote: A YES: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 29'7 NOES: None ABSENT:None RESOLUTION TO ADJOURN AS THE QUEENSBUR Y BOARD OF HEALTH RESOLUTION NO. 30, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED; that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves into Regular Session. Duly adopted this 13th day of November, 1990, by the following vote: A YES: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monohon, Mr. Borgos NOES: None ABSENT:None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 652, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosoko: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel. Duly adopted this 13th day of November, 1990, by the following vote: A YES: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monohon, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ADJOURN FROM EXECUTIVE SESSION RESOLUTION NO. 653, 1990 Introduced by Mr. George Kurosoko who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session with no further action being token. Duly adopted this 13th day of November, 1990, by the following vote: A YES: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monohon, Mr. Borgos NOES: None ABSENT:None On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBUR Y® 1