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1988-08-10 SP 14'7 SPECIAL TOWN BOARD MEETING AUGUST 10. 1988 4:10 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT GEORGE KUROSAKA-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS LEE YORK ROBERT EDDY KATHLEEN KATHE PRESS: WENU, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY TOWN CLERK DOUGHER Discussion was held regarding Round Pond Election- Town Attorney and Supervisor noted that we will abide by the Court decision. RESOLUTION OF TOWN BOARD FOR PROPOSITION AT SPECIAL ELECTION RESOLUTION NO. 340, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury was served on October 31, 1986 with a petition requesting that a special election be held on the following proposition: "a proposition for the establishment of a public park on Round Pond through acquisition by the Town of Queensbury, for just compensation by means of negotiation or eminent domain, of not less than 50 acres of land and buildings thereon known as Paradise Lake Resort now or formerly owned by Salvatore Russo.", and WHEREAS, the propriety of the petition was litigated between the Town Board of the Town of Queensbury and the Queensbury Association and others and the Town Board of the Town of Queensbury has been served with an order of the Appellate Division of the Supreme Court of the State of New York in and for the Third Judicial Department affirming the order of the Hon. Thomas E. Mercure entered January 5, 1988, directing that a special election concerning the aforedescribed proposition be held, NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, in the County of Warren, as follows: 1. A special election shall be held in the Town of Queensbury on the 27th day of September, 1988, for the purpose of submitting to the qualified electors of said Town, the following proposition: "Shall the Town Board of the Town of Queensbury establish a public park on Round Pond through acquisition of land by the Town of Queensbury, for just compensation by means of negotiation or eminent domain, of not less than 50 acres of land and buildings thereon known as Paradise Lake Resort now or formerly owned by Salvatore Russo?" 2. Said special election shall be held at the following Ward Election Districts in said Town: 148 LOCATIONS 1 1 North Queensbury Rescue Squad 1 2 Bay Ridge Fire House 1 3 Bay Ridge Fire House 1 4 Warren County Municipal Center 2 1 South Queensbury Fire House 2 2 Town of Queensbury Office Building 2 3 Queensbury Central Fire House (Foster Ave.) 2 4 Town of Queensbury Office Building 2 5 Robert Gardens (Recreation Room) 3 1 Queensbury Central Fire House (Aviation Rd.) 3 2 Queensbury Senior High School 3 3 John Burke Apartments 3 4 Kensington Road School 4 1 West Glens Falls Fire House 4 2 Queensbury Water Plant (Maintenance Building) 4 3 West Glens Falls Fire House 4 4 West Glens Falls Fire House 4 5 West Glens Falls Fire House and the polls for said election shall be open at the hour of 6:00 A.M. o'clock in the morning and shall be closed at the hour of 9:00 P.M. o'clock in the evening. The vote upon such proposition shall be taken by ballot in the manner provided by law. 3. Voters must be registered to vote no later than September 16, 1988. 4. The Town Clerk of the Town of Queensbury is hereby authorized and directed to give notice of said special election in the manner provided by law and to cause suitable ballots to be prepared for use at said election. Inspectors of election at such special election shall be as established by law. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Concerned with misleading the voters to believe the 50 acres in question are those on one side, nearest the lake. COUNSEL DUSEK-Noted that the law states the proposition that was submitted cannot be varied. Stated that the Town could hold a Public Informational meeting to express all concerns. SUPERVISOR BORGOS-Noted that Mr. Rayhill had previously requested a meeting time and that maybe the Town Board could hold one simultaneously. BERNARD RAYHILL-Noted that the nature of the meeting was not informational in essence but organizational in essence, to establish a fund raising campaign for the Rond Pond Committee. Not an informational meeting but rather a meeting for the Coordinating Committee for Rond Pond. We will be holding an informational meeting in the future which will be announced for all the people in Queensbury, and will be at another location than the Town Office Building. SUPERVISOR BORGOS-Concerned with the use of the Town Building for fund raising. Asked Town Counsel, Paul to research this, as a proper use of the building. MR. RAYHILL-I understand, but I would like to clarify that we are talking about — donations from the community for the Rond Pond park. COUNCILMAN MONAHAN-Noted that their was a local group that expressed interest in holding a forum on Rond Pond. COUNCILMAN MONTESI-Felt that the Town Board is obligated to hold a Public Informational meeting, to present the information that we gather. This is not a debate. 149 SUPERVISOR BORGOS-Noted that none of the meetings need to be excluded, that he would be willing to be present at anyone of them. The following comments have been submitted by the public, the Town Board will now review those comments and determine if the Advisory Committee responses will be accepted... on the Zoning Map, Zoning Districts and Regulations, Subdivision Regulations, Natural Resources, and Miscellaneous... Zoning Map - additional comments and responses Comment I am the owner of the Adirondack Machine Corporation at 121 Dixon Road, Town of Queensbury. This property would be more familiar to many local residents as the old "Plug Mill" property. I wish to go on record opposing the proposed zoning change for this area from the current UR-10 to SR-1A. ACCEPTED RESPONSE The development in the area is primarily residential in nature. The soil conditions (high percolation rate) in the area do not warrant less than 1 acre. Comment We presently own Tax Map Parcels 74-1-20 and 74-1-19.1. We have seen a copy of the new Zoning Map and it appears that a portion of our property has been placed in a Land Conservation 42 acre zone but it is impossible to determine how many acres. We would appreciate clarification of exactly how much is proposed to be included in this zone, in order that we would have the opportunity to comment to you before this is zoned in this manner. We have no information on how it was determined that any portion of it be considered or designated as a wetland and would appreciate your explanation of this. We do not wish to be penalized by a new zoning of our property without having the opportunity of knowing how this land was designated a wetland and how much is included. We cannot even comment without the answer to these questions and don't feel it's fair that the Board change this zoning before we have had this opportunity. ACCEPTED RESPONSE The Planning Staff has written to the property owner and requested that they come to the office and identify their property on the neighborhood maps. D.E.C. designates wetlands and does this according to the cover vegetation in the area. The Town goes by the DEC determinations. It is possible that wetlands have been expanded by beaver activity in the area. Cleaning out of dams in culverts may remove some of the wet area, given time. The Planning Staff would appreciate having the property in question identified by the owner, however, a land conservation zone of 42 acres was developed around the designated environmentally sensitive area around Rush Pond. Comment I own a tract of land (#34-2-4.1) west of Glen Lake. The north western end is in RC-15, with the LC-42A designation to the north in the wetland area. I would like to request that my land in the LC-42 zone be redesignated RC-15. ACCEPTED RESPONSE The zoning of the LC-42 wetlands were done by using the wetland maps designated by DEC, which are the official maps. In order to change the delineation of this zone it would be necessary for DEC to modify their Wetlands Maps. The property owner can request that DEC staff look over the property and possibly change the designation of it. Comment Prior to the proposed 1 acre lot, we felt the lot size should be 1 acre and would not sell less than that to any buyer. We are not against "change" if it is truly 150 best for all the citizens and land owners of the Town of Queensbury. We do feel that a change from 3/4 of an acre to 3 acres is excessive. Our property (Toomey's) is in a hardship situation because of the rezoning. ACCEPTED RESPONSE The rezoning of this property is consistent with the criteria developed for the rezoning of the total Town. The Toomey property is in two large tracts in two zones. On the west side of Bay Road the property is in a Single Family Residential 1 acre zone and on the east side of Bay Road it is zoned RR-3 acres. This does not preclude a rezoning for greater density in the future. NOW REFERRING TO THE ORIGINAL DRAFT COMIENT AND RESPONSE BOOKLET Comment The Earltown, Quaker Ridge property should be maintained as Industrial Reserve rather than being changed to Land Conservation 42 acres. This is because it is a PUD under review. The property cannot be developed at an LC-42 designation. The Town needs this type of development to attract golfers and improve the economic climate of the Town. ACCEPTED RESPONSE The Earltown, Quaker Ridge property has been zoned LC-10 in the DEC designated wetlands. In the area which was zoned LI-IA the line should be removed to allow for residential development (SR-1A). This is in accordance with the wishes of the property owner and will have no detrimental effect on the area. Comment 87b.2. "A tourist cabin or similar structure... involving 300+ square feet" counts as one principal building. Does this mean that a hotel room of over 300 square feet is one principal building? I think it does. What about a lockout of two adjoining 300 square feet units? Would that count as 2/10ths of a principal building or one whole principal building? ACCEPTED RESPONSE The answer to both questions is yes. Comment 87b.5. "Each commercial use structure and each industrial use structure in excess of 300 square feet constitutes one principal building, except that for a commercial use structure which involves the retail sale or rental or distribution of goods, services or commodities, each 11,000 square feet of flood space or portion thereof of such commercial use structure constitutes one principal building." ACCEPTED RESPONSE This is an APA definition. Commercial density outside of the APA jurisdiction will be defined. Comment Page 112, Section 12.072 - Expiration of building permits - Permit expires if project "is not in existence" within 180 days of issuance. This needs to be clarified. Does existence mean started, completed or something in between? ACCEPTED RESPONSE In existence means the project is under construction. The Town Board has changed the expiration date of a building permit to 270 days. Comment The FCC regulates satellite T.V. receivers as of 1986 and local municipalities have very limited rights as far as regulating them. The new zoning regulates their location and screening. ACCEPTED RESPONSE The zoning regulations state that satellite dishes are accessory structures and have to meet the requirement for such structures. Further the regulations for those has been modified in accordance with FCC guidelines and other approved ordinances supplied by the Department of State. The Town has been in touch with the FCC and they have indicated to us that FCC regulations do not supersede local regulations. We feel that the regulations in this matter are fair and reasonable. Comment I own two lots, one directly behind the other. My intention was to build on each lot. I have my home on one lot now. ACCEPTED RESPONSE If the property has a mutual boundary and has constructed a building on one then the two nonconforming lots become one conforming lot with one principal use, if they are in the ownership of a single individual with the exception of residential subdivisions which have already been approved and filed. Comment Cronin/Bay Roads Area This area has a very high water table and is unsuitable for development. This includes the Halfway Brook Corridor between Quaker and Cronin and the lowlying area now mainly occupied by the Bay Meadows course. It should be zoned for at least a 3 acre minimum, consistent with similar areas elsewhere. Because it is now mostly woods, wetlands and golf course, the impact of this change on the landowners will be minimal. ACCEPTED RESPONSE The Bay Meadows area has been down zoned substantially to 1 acre and the sewer district being expanded to that area should accommodate this intensity of development. — RESOLUTION ACCEPTING RESPONSES TO PUBLIC COMMENTS ON ZONING PROPOSALS RESOLUTION NO. 341, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. Resolution forthcoming from Town Counsel. r-7,3 Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY