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1988-09-23 SP 294` SPECIAL TOWN BOARD MEETING SEPTEMBER 23, 1988 4:00 P.N. MEMBERS PRESENT Stephen Borgos-Supervisor Marilyn Potenza-Councilman Ronald Montesi-Councilman Betty Monahan-Councilman Paul Dusek-Town Attorney MEMBERS ABSENT George Kurosaka-Councilman PRESS: G.F. Post Star TOWN OFFICIALS-Paul Naylor, Dave Hatin PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Borgos-This is Balloon Festival Weekend and we wish the Festival and all involved a tremendously successful weekend as always. PUBLIC HEARING-Amend Ordinance No. 30 of the Town of Queensbury entitled - ORDINANCE OF THE TOWN OF QUEENSBURY PROVIDING FOR THE ENFORCEMENT OF THE STATE BUILDING CONSTRUCTION CODE- NOTICE SHOWN SUPERVISOR BORGOS-Asked for comments from the public...none were heard...the only comment I would like to make is last year at budget time we looked at increases at what we are looking at right now and I believed we had approved them at that time but somehow it was not formalized and never took effect this year, therefore we are anxious to get these in now because for some extent we have budgeted for them and we believe them to be fair and adequate fees....Asked for further comments...none were heard. Declared the Public Hearing Closed. __.._ ^ I RESOLUTION TO AMEND ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS RESOLUTION NO. 404, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Ordinance No. 30 of the Town of Queensbury and its amendments dated April 22, 1980 and August 24, 1982 provided in Section 4 Subdivision (b) for certain information to be provided to the Building Inspector and in Section 5. for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, it appears appropriate to amend the said ordinance Section 5 to establish or increase certain fees and amend Section 4 Subdivision (b) to provide for additional documentation to be submitted to the Building Inspector when applying for a building permit, and WHEREAS, the Town Board duly called a public hearing for the consideration of the afore said amendment and duly gave notice thereof required by law, and WHEREAS, said public hearing was held by this Town Board of the Town of Queensbury at the Town Office Building, Bay at Haviland Roads, Queensbury New York on the 23rd. day of September 1988 at 4:00 P.M. in the afternoon of said day: NOW, THEREFORE, BE IT RESOLVED, that the Ordinance No. 30 of the Town of Queensbury and amendments dated April 22, 1980 and August 24, 1982 be in the same hereby is amended as that Section 4 and Section 5 shall read as follows: Section 4 Application for Building Permits, Subdivision (b) "Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information: 1. TWO PLOT PLANS Drawn to scale, showing: 40 Q i A. Lot boundaries with dimensions and adjacent road (s) or streets (s). B. All existing and proposed structures, with setbacks from property lines. C. Location of existing or proposed water lines and septic systems. 2. TWO SETS OF BUILDING PLANS with elevations and sectional drawings, one sectional drawing for each roof line. 3. An application for electrical inspection to one of the electrical inspection j companies permitted by the Town of Queensbury to do the inspections. 4. NEV YORK STATE ENERGY CONSERVATION CODE COMPLIANCE with complete information. 5. SEPTIC DISPOSAL PERMIT APPLICATION with complete information. 6. FEE, as per schedule below (Checks to "Town of Queensbury") 7. BUILDING & ZONING PERMIT APPLICATION ALL PORTIONS TO BE COMPLETED. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application. SECTION 5. FEES Subdivision (a) Upon filing of an application for a building permit, the following fees shall be payable: 20% OF FEE RETAINABLE FOR ANY WITHDRAWN PERMIT NO FEE REFUNDABLE AFTER ONE YEAR ALL CONSTRUCTION SHALL CONFORM TO THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE, THE NEW YORK STATE ENERGY CONK: AND THE TOWN OF QUEENSBURY ZONING AND SANITARY SEWAGE ORDINANCES One/Two Family Dwellings (per 100 Sq/Ft) $ 12.00 1st. floor $ 10.00 per additional floor Townhouses/Condominiums/Apartments/Multi Dwellings $ 14.00 lst. Floor Per Dwelling Unit, Per 100 Sq/Ft $12.00 per additional floor Commercial/Mercantile/Industrial/Public Assembly/ $ 15.00 per 100 Sq/Ft Day Care Centers ($3,000 Maximum Fee) per Floor Garages $ 25.00 One Car $ 35.00 Two Car $ 50.00 Three Car $ 70.00 Four Car Swimming Pools $ 35.00 In-Ground $ 25.00 Above Ground Sewage Permit Residential $ 25.00 Commercial (other than Single Family) $ 35.00 Docks $ 30.00 '-- $ 50.00 Boathouse/Deck I Addition/Alterations Commercial $ 10.00 per 100 Sq/Ft per floor Residential $ 8.00 per 100 Sq/Ft Sign Permits $ 4.00 per Sq/Ft $ 35.00 Minimum Temporary Sign Permits $ 35.00 Fee 286 $'50.00 Deposit Decks/Porches $ 8.00 per 100 Sq/Ft $ 15.00 Minimum Charges Mobile Home Single Same as One or Two Family r Modular or Doublewide Dwelling House Moving Permit Before Move $ 30.00 After Move (If relocated in Town) $50.00 x Site Clearing Permit $ 15.00 Tools & Storage Sheds, Permanent or Portable $ 15.00 101-240 Sq/Ft Wood or Metal (No charge for Shed under 101 Sq/Ft) Certificate of Occupancy Residential $25.00 Commercial $50.00 Temporary Certificate of Occupancy $100.00 Deposit (Expiration to be determined by circumstances) $ 10.00 Fee Certificate of Compliance and Use $ 10.00 Expired Permit Renewal (If not Permit Extension) $ 25.00 Demolition $ 20.00 Variance Application for Sewage Ordinance $ 35.00 Subdivision (b) Whenever in the fee Schedule provided for herjin, the fees are calculated on the basis of square feet, in determining the total fee due, the floor area of the building involved will be rounded to the nearest 100 square feet. Subdivision (c) No building fee shall be refundable except that in the event that a building permit is applied for and construction does not occur within the first year, 80% of the fee paid may be returned by the Director of Building & Code Enforcement, after the submission of an affidavit by the person securing the permit that no construction has occurred in accordance with the permit which a refund is requested and BE IT FURTHER, RESOLVED, Section 4 Subdivision A,C, and D will remain in effect, and BE IT FURTHER RESOLVED, that the said amendment and change will take effect immediately, and BE IT FURTHER, RESOLVED, the said amendment be entered in the minutes of the Town Board of the Town of Queensbury held on the 23rd. day of September, 1988 and that the Town Clerk publish a certified copy of the amendment to the Ordinance in the official newspaper of the town and publish such of the notices that may be required by law. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Councilman Monahan-Why is the fee for a mobile home the same as a one family dwelling? Dave Hatin-Director of Building & Codes-That is what is being done in most communities, the new modular trailers, double wides and single wides are built almost identical to a house, the construction is the same... Councilman Monahan-Questioned the use of Modular in with the Single and Doublewide... 287 Supervisor Borgos-Noted that thought was to treat the mobile homes the same as single family homes... Councilman Monahan-You cannot put modular home as a description of a mobile home... Paul Dusek-Betty is correct, there is a distinction but to make any changes in this now would be inadvisable because it has already been advertised, I do not think it makes any practical difference because a modular home would either be classified one or two ways, as a single family dwelling or a mobile home, that is the only two possible classifications, because the fees all stay the same I do not think it would make any difference. Since the time of the public hearing Dave has some other fees that he might want to add to this so when we go back in and add we could also revise at that point. Supervisor Borgos-So you would recommend that if we adopt this as is today and amend .._, it to include Dave's new ideas? Paul Dusek-That would be my recommendation. Councilman Potenza-I think it.should be noted that there was research done in the price of these fees, they checked out comparisons from the local communities in the area and the prices we are charging are equal to but less than a lot of the communities in the area. Dave Hatin-It is more or less equal to, we will be a little higher in some area...this may be revised in 1990 Councilman Montesi-Are we competitive with the Albany Area? David Hatin-That has been difficult to assess because all the communities do different kinds of permits... Councilman Montesi-Is there price structure higher than ours? David Hatin-For value of construction, yes... our fee structure is more than theirs... I tried to judge this per hour...8 to 10 hours of work on a permit before a c/o is issued... Supervisor Borgos-My opinion of this is that we are looking at a benefit fee, those people who derive the benefit from the service pay the fee rather than the general tax i payer... Dave Hatin-Presented the Town Board with proposed changes to be made to Ordinance 30...asked the Board to review them—will also supply the new forms to be used to the Board for their consideration...added fees...Flood plain permit, Final Inspection due to Fire or natural causes, for Fire Marshal Solid Fuel burning permit and Special Project Permits... Councilman Monahan-Questioned what is a Special Project Permit? Dave Hatin-Basically this is to do with Gas Tank Installation.... DiscussiAn held on Satellite Dish fees...no fee set...Paul Dusek-there are specification in the new ordinance regarding Satellite Dishes but no fee... Councilman Monahan-Questioned the proposals...under Site Plan Permit-the removal of any material involving ; of an acres...? Dave Hatin-this is not final that was put in there as an idea, Lee and I will be coming before you at some time for a local law for site clearing that will not be using that, that was put in there to make sure there would be a spot for it in the fee schedule... Councilman Potenza-What about dumping? Dave Hatin-That will be reviewed in the future...it is drawn up... . Councilman Monahan-Regarding Tool and Storage Sheds they do not have to do anything under 101 sq. feet I would like to add decks... Dave Hatin-If they are thrf�e or four feet in the air they are required to have railings and the step to be a certain height, those are things that we should look at. Councilman Monahan- Think we are going a little to far, I just throw that out to be thought about... 288 Dave Hatin-Noted that he has notified businesses regarding the screening of Trash Receptacles...after the 30th of Sept. we will be giving out order to remedy violations and giving them time to comply.'..Asked permission to look into the possibility of contracting with a company to handle our new zoning ordinance, they would be responsible to keep the ordinance updated by section and articles... . Supervisor Borgos-Asked that the Town Attorney and Mr. Hatin look into this... Councilman Montesi-The Seeley property on Glenwood Avenue is that in litigation? Dave Hatin-Article 78 Councilman Montesi-They are able to proceed with the operation of that business? Dave Hatin-That is my understanding... —J Councilman Montesi-They went for a zoning variance and did not get it and they are in Article 78 with the Town but they are continuing to run a commercial welding shop in a residential area... Paul Dusek-There are actually two litigation matters pending right now, there is the Article 78 proceeding which is their law suit against the zoning board because they do not agree with the decision. There is the second litigation which the Town has started against the them in justice court relative to the zoning violation, at the moment the zoning violation, we thought that the article 78 might be resolved and effect and cause a settlement of the town litigation....this is still up in the air... Councilman Montesi-Mr. Phil Harris wanted to know when we were going to clean up Sunnyside... Dave Hatin-I have not been by there and I do not know what is going on... Councilman Monahan-Noted they took off the floors but the stringers are still there... Dave Hatin-We will check on it.. Paul Naylor-Highway Supt.-Noted that his crew is doing some repaving work for the sewer district...we are being paid by the sewer dist...about 4 miles to be done... Supervisor Borgos- We are saving a substantial amount of money... I would like to complement you and your crews publicly for the fine job you did here '--' at the Town Office Building and the fact that your men worked over time to get this done, it looks great and delightfully to have the project closer to completion a very professional job... I understand this after noon we have received draft copies of finding statements for the Earltown project...we may schedule a meeting regarding this on October 3rd...4:00 P.M...I wish to remind everyone that next week our meeting will be on Wednesday rather than Tuesday, an important referendum will be voted upon on Tuesday, the polls are open from 6 A.M. to 9 P.M. at all regular polling places in all districts, speaking fpr myself I would urge everyone to vote no on the referendum for the reason I have stated so may times before. The big issue being, the situation related to eminent domain, I want people to forget for a minute perhaps any other motives other than the thought we are voting to take someones property and I urge the voters to vote no. Councilman Montesi-I support your position of voting no, it is a passionate issue, people look at the pond a pristine gem and saying we are loosing it, I do not think we are loosing it but if someone owns it and does not want to sell, I think he has the right to keep it. The eminent domain really troubles me, because it only, as it was said at the Monday night meeting, we heard it from a man that ran on another party this past fall he said if this thing is successful I will be in here with a petition for Lake Sunnyside that is really what scares me. Supervisor Borgos-Yesterday I was asked that the Town acquire Hiland Park Golf Course and West Mt. Ski Center... Councilman Monahan- I am sure the wetlands will be there and...to get access to Lake George why not take Rockhurst... Marilyn Potenza-I understand the point you are trying to make, but the scenario remains you are taking peoples land. I am very upset with the letter that was sent out from the Glens Falls Country Club. I am a member of the club and I am a member of the Town Board and I have talked to the President of the Club and I have talked with the Board of Governors, several of the Governors. I am upset with the fact that they did not 289 even out of courtesy contact this town and ask us to come before them and give us a chance to plead our case. I am more upset with the fact that the information was sent out with that letter, information that was prepared by the Round Pond Association and Yet they could not take five minutes to come over and get our list of facts to mail out. Unfortunately from the comment that I received from the Board of Governors they were unaware of the fact that the eminent domain issue was going to be on the ballot on Tuesday. From what I understand they thought the resolution would be Just should the Round Pond area be a park a residence or commercial area and because of their narrow minded thinking and protecting their own self interest they opted to make the support of the Round Pond issue a park and strongly supported it by a vote of yes from not only the members that live in Queensbury but suggested in the letter that those people that live in Glens Falls call their friends in Queensbury and vote yes. I am applauded to think educated, intelligent people would come to a conclusion without listening to the facts. -- Councilman Monahan-The Country Club had a chance to acquire that land, what they are really saying is they want the benefit from that but we do not want our own members of pay for that land but the taxpayers of the Town of Queensbury to pay for that benefit. I am appalled that a group of people would take that attitude toward taxpayers. Marilyn Potenza-Agree and I understand that the Club went after that land the same way the Town went after that land, Mr. Russo for some reason did not want to sell it to the Town of Queensbury. He opted to sell it to Mr. Passarelli, he owns that land now and it is his American right to do with that land whatever he wants to do with it. Councilman Montesi-I know one step further, I suppose the President of the Country Club would be applaud to if this same group of people asked for a petition to take his newly acquired lake front property in Lake George for a park and give the whole Town access to the Lake... Marilyn Potenza-Realistically, God Forbid, this is passed on Tuesday, Mr. Passarelli and his intelligence is not going to hand over this land, he is going to tie up this resolution in litigation forever, we are talking thousands and thousands of dollars that will be spenT on Attorneys and Court fees ... Supervisor Borgos-Noted that this is one of the biggest issues to come before the Town ever... On motion the meeting was adjourned. — RESPECTFULLY SUBMITTED, Darleen M. Dougher Town Clerk-Town of Queensbury