2008-08-11 SP MTG#34
980
SPECIAL TOWN BOARD MEETING 08-11-2008 MTG. #34
SPECIAL TOWN BOARD MEETING MTG. #34
AUGUST 11, 2008 RES. 376
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
MICHAEL HILL
TOWN OFFICIALS
SENIOR PLANNER, STUART BAKER
ZONING ADMINISTRATOR, CRAIG BROWN
PRESS
CHRONICLE
SUPERVISOR STEC- Opened meeting.
DISCUSSION: FRANKLIN PROPERTY
SUPERVISOR STEC- Explained that the Franklin’s have property that is located
between the Northway and West Mountain Road, near Gurney Lane that may be
available to the Town for recreational uses; specifically for some sort of bike or walking
path.
COUNCILMAN STROUGH- Introduced Dennis and Kathy Franklin who live on West
Mountain Road.
MR. FRANKLIN- Offering the Town approximately fifty-two acres of land off West
Mountain Road. He pointed out on the map his lot, the piece that he wants to keep for a
subdivision and the lot he is offering to the Town. The Franklin’s do not want to see this
parcel developed, noted that some of this is in the CEA anyway. Their wishes are for it to
be used for passive recreation, ski trails and walking trails.
COUNCILMAN MONTESI- Thinks that it would be a wonderful opportunity to take that
property and make it recreational.
COUNCILMAN STROUGH- Agrees that this is a great opportunity.
SUPERVISOR STEC- Stated his appreciation for their generosity. There is interest in
pursuing this but the Franklin’s should work through the planning process to get the
subdivision approved first. At that point they can convey the fifty plus or minus acre
parcel to the Town with restrictions for this sort of passive recreational use.
DISCUSSION: DRAFT ZONING CODE REVIEW
SUPERVISOR STEC- Objective tonight is to get through Articles 1-6 of the Draft
Zoning Ordinance. Thanked Stuart Baker, Craig Brown and Bruce Frank for their work
on this. Explained that Town Counsel, Mike Hill, will be working with the board on this
process. They are hoping to get through this in three or four workshops so that they can
get it to a public hearing for adoption.
CHANGES MADE DURING MEETING:
ARTICLE 1- GENERAL PROVISIONS
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REFER TO: PAGE 1.2 Section 179-1-050 Exemption for Certain Property to be
Purchased by the Town or Owned by Certain Government Organizations
SECTION D: DELETE THE WORD “SOMETIMES”
NEW WORDING:
SECTION D READS AS FOLLOWS: Projects initiated by Federal government, State
government, State urban development corporations and public schools may be exempt
from local zoning regulations. Government immunity from zoning regulations is subject
to interpretation. Notice of development proposed by such entities is required so that the
Zoning Administrator can make a formal determination.
ARTICLE 2- DEFINITIONS
REFER TO: PAGE 2.1 Section 179-2-010 Definitions and Word Usage
ACCESSORY STRUCTURE: CHANGE FROM 200 SQUARE FEET TO 120 SQUARE
FEET
NEW WORDING:
:
ACCESSORY STRUCTURE READS AS FOLLOWSA building or structure
subordinate and clearly incidental to the principal building on the same lot and used for a
purpose customarily incidental to those of the principal building. Examples of customary
residential accessory uses include storage sheds, garages (temporary or permanent),
swimming pools, tennis courts, basketball courts, paddleball courts and other outdoor
athletic courts, decks and patios and fences. The term does not include pool pump houses
under 25 square feet, housekeeping cottages, or playhouses and gazebos under 120 square
feet.
REFER TO: PAGE 2.3 Section 179-2-010 Definitions and Word Usage
NEW DEFINITION
ANIMAL SHOW-Stuart Baker will add this definition as well as all that apply to
Transient Merchant Law.
REFER TO: PAGE 2.18 Section 179-2-010 Definitions and Word Usage
NEW DEFINITION
LAKE GEORGE CRITICAL ENVIRONMENTAL AREA- The waters of Lake George,
all land lying under such waters within 500 feet of the mean high-water mark of such
waters, and wetlands located adjacent to the waters of Lake George and all land within
500 feet of such wetlands.
REFER TO: PAGE 2.21 Section 179-2-010 Definitions and Word Usage
INSERT NEW WORDING
MARINA, CLASS A- As defined in the regulations of the Lake George Park
Commission and subject to amendment by the Lake George Park Commission from time
to time. As of 2/15/2008 Class A Marina was defined by the Lake George Park
Commission as follows: (remainder of definition unchanged)
REFER TO: PAGE 2.23 Section 179-2-010 Definitions and Word Usage
INSERT NEW WORDING
MARINA, CLASS B- As defined in the regulations of the Lake George Park
Commission and subject to amendment by the Lake George Park Commission from time
to time. As of 2/15/2008 Class B Marina was defined by the Lake George Park
Commission as follows: (remainder of definition unchanged)
REFER TO: PAGE 2.24 Section 179-2-010 Definitions and Word Usage
INSERT NEW WORDING
MODULAR HOME-
Any building comprised of two or more sections, without its own chassis,
capable of being transported to their building site and permanently joined into one integral unit
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which is indistinguishable in appearance from a conventionally built home, including but not
limited to a sloped roof and permanent foundation. The definition includes the term
“Manufactured Home” but excludes the term “Mobile Home.”
REFER TO: PAGE 2.35 Section 179-2-010 Definitions and Word Usage
NEW DEFINITION
SEASONAL USE, RESIDENTIAL- A residence used less than six months of the year.
(Draft definition subject to further revision)
ARTICLE 3- ZONING DISTRICTS
REFER TO: PAGE 3-1 Section 179-3-020 Interpretation of District Boundaries
SECTION A, #2 SHOULD READ AS FOLLOWS:
“Where district boundaries are indicated as approximately following a stream centerline
or shoreline of a lake or other body of water, such stream, lake or body of water shall be
construed to be such district boundaries at the centerline of streams and at the identified
shoreline of lakes and other water bodies, unless otherwise noted”.
REFER TO: PAGE 3-2 Section 179-3-040 Establishment of Zoning Districts
A.Residential Districts
1. Stuart Baker to add adoption date of the Comprehensive Plan.
REFER TO: PAGE 3-3 Section 179-3-040 Establishment of Zoning Districts
A.Residential Districts
2. Rural Residential: in the introductory paragraph DELETE THE FOLLOWING:
“This area of the Town is described in the Neighborhoods section of the
Comprehensive Plan, adopted on August 6, 2007, and consists of the RR-5A and RR-
3A zoning districts set forth in the town’s 2002 zoning law”.
RD
2. Rural Residential: 3 sentence- CHANGE WORDING TO STATE: “In addition,
and perhaps most importantly, this is the land area of the town that is extremely
important to the preservation of its rural character” (delete the words “if the town
wants”)
2. Rural Residential
2.-1.-ii. Correct the word “ront” to read “front”
REFER TO: PAGE 3-4 Section 179-3-040 Establishment of Zoning Districts
3.Moderate Density Residential: in the introductory paragraph DELETE THE
FOLLOWING: “This area of the Town is described in the Neighborhoods section
of the Comprehensive Plan, adopted on August 6, 2007, and formerly consisted of
SR-1A, SR-20, SR-15, SFR-1A, SFR-20 and SFR-10 zoning districts set forth in
the town’s 2002 zoning law”.
2. Rural Residential:
4. TOP OF PAGE- CHANGE TO: “Shoreline/Stream/Wetland setback: 75
feet” (inserting the word “setback”)
3. Moderate Density Residential
5. CHANGE TO: “Shoreline/Stream/Wetland setback: 150 feet” (inserting
the word “setback”)
REFER TO: PAGE 3-5 Section 179-3-040 Establishment of Zoning Districts
4. Neighborhood Residential: in the introductory paragraph DELETE THE
FOLLOWING: “This area of the town is described in the Neighborhoods section of
the Comprehensive Plan, adopted on August 6, 2007 and formerly consisted of UR-
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1A, UR-10, NC-1A, NC-10 and a portion of the former MU (except for the Main
Street area) zoning districts set forth in the town’s 2002 zoning law”.
4. Neighborhood Residential:
5. CHANGE TO: “Shoreline/Stream/Wetland setback: 50 feet or per State
or Federal requirements whichever is greater” (Inserting the word “setback”)
REFER TO: PAGE 3-6 Section 179-3-040 Establishment of Zoning Districts
6. Waterfront Residential: in the introductory paragraph DELETE THE
FOLLOWING: “This area of the town is described in the Neighborhoods section of
the Comprehensive Plan, adopted on August 6, 2007 and formerly consisted of WR-
3A, and WR-1A zoning districts set forth in the town’s 2002 zoning law”.
6.-b.-5 CHANGE TO: “Shoreline/Stream/Wetland setback: per State or Federal
requirements or 50 feet whichever is greater” (changed number from 75 feet to 50
feet and inserting the word “setback”)
REFER TO: PAGE 3-7 Section 179-3-040 Establishment of Zoning Districts
7. Parkland Recreation: in the introductory paragraph DELETE THE FOLLOWING:
“This area of the town is described in the Neighborhoods section of the
Comprehensive Plan, adopted on August 6, 2007 and this district remains unchanged
from what was provided under the 2002 zoning law”.
7-b-5 CHANGE TO: “Shoreline/Stream/Wetland setback: per State or Federal
requirements or 150 feet whichever is greater” (inserting the word “setback”)
REFER TO: PAGE 3-8 Section 179-3-040 Establishment of Zoning Districts
B. Commercial Districts
B.-b.-v. CHANGE TO: “Shoreline/Stream/Wetland setback: per State or Federal
requirements or 150 feet whichever is greater” (inserting the word “setback”) *Stuart
Baker noted that he will inspect throughout and insert the word “setback” where
applicable.
REFER TO: PAGE 3-9 through 3-12 Section 179-3-040 Establishment of Zoning
Districts
The board will return to these sections for future discussion at a later date.
REFER TO: PAGE 3-11 Section 179-3-040 Establishment of Zoning Districts
INSERT current description of professional office from the current code.
REFER TO: PAGE 3-13 Section 179-3-040 Establishment of Zoning Districts
4.Main Street-Wording in this section will be changed to state commercial only
allowed on the first floor.
SUPERVISOR STEC- Next meeting to be held on Friday, August 22, 2008 at 8:30AM to
continue work on the draft zoning code. Agenda will be to get through the tables, the
remainder of Article 3 and proceed forward with Articles 4 through 7.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO.: 376, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
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SPECIAL TOWN BOARD MEETING 08-11-2008 MTG. #34
SECONDED: Mr. Anthony Metivier
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
Duly adopted this 11th day of August, 2008, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Stec, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
Respectfully,
Darleen Dougher
Town Clerk/Town of Queensbury