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1988-10-17 SP SPRCIA11, TOWN BOARD mm,171Nt3 OC1•0I3rR 17, 1"S • s 'p 4:00 P.M. MEMIVIMS I" t1iSENT Stipr.ry sor Stephen Nrgos . {'Minef►t llaril `i'crtert e > k: ' ' Ct1�1r #ituttt P`rn�cl �ti '` �`�nt��i4��t+trt lt�►tt�y `f�onaltan i s #0*11 Attorney-Pact bsek j M1:MBRItS A11301 r ., �'>outtriflttnn itot�r�#ca i I'Ll.ix;I: O ALLI;(;IANCI: E'D IIY SU!'HXVISQ.tt 1301tOO Srtpervisor Borgos-tit lint a motnetit we are going to have our Public hearing to hopefully take enre of our ,or.nl Law but most of;you here I am ee are here for the Farltown Project and,� tt�t, (` the ittri of 1Idt W 0- mart the V e to plea try;or tit, tit t': tat is happened is that nftr..r tli� At'torncvrt= 1i4ke beck nn(l forth today and agreed on a number of changes the final t t,roftrrc°t wets to cst±€ ,. nett wills nit those changes. '1'1Te product arrived and 1 guess the computer E got in tt►G way, th re tare parngrr►plts all over the place words 1Rft <31 t something happened, that is nil being 'rc€•-flono right now as we speak and so we may have to wait for a delay of a hnif net hour or hcntr, once the new document arrives here to be sW(k that it has come out right 1 stn#: i} that Ftlri� Attorney�t' gain° fee tltoi 'evetytl�ing I,ias,been (� properly before we leave rt vote.. Vir%*1'4§ ,tU6 other nfdvl= of bttil""then is our Public Bearing on our proposed Local Gnw ntnd following that, any nctioti that we may want to take on then cell a brief recess until N stied► time ns our Attorttey hms rerend the information. I will let him speak about that just as soon ns we take care of this public hearing. ; c VU131,1 11'k itlNO A 1,06-M`, LAW l;S`!Afi SltlN't3 Pit.ot✓rvUlt.FS ANii SUBSTANTIVE LAW FOR 71114 1tRViRW AND A11111t.0VA1, ; OPT 11111PR 1?I,/1N, A'VADI ,inot <�: Pu-*," w UNIT AND iiui1 1)tNt1 PcAt:Mrr API'MCA71ONS, sUtl� fist') t"'t ion '!'o 'iur. I.l IA"("FIVI. t)ATI:.MP 'I•ill. %()141N(', () MINANcl. NU. r,8 of T118, TOWN OF-QUEENSHURY t Strl)(Wvisr►r ttorgos- Wm- this Advertised? c'IVrk-The 110tiee was in the newspaper and was posted as requited by law. f Sup ,rvisor norgo!,'The purpose of lhis public hearing was to take care of those people who tuight of filed url(1er the old regtttations when they were still in effect Out action will not be tnkr•rt rt►ttil sturb time as the new regulations took effect and this is just to make sure that 1(ifintty everyone N eovered. Does anyone wish to speak either, for,-.or against that piece of logislatiort? i Nni&y Curtis-I out here representing ll 'gotuther'n Adirondack Audubon and the Great Cedar Swamp Coalition,' I live In Cliestcrtownt New. York. We ado not7fool flat Earltown should be ronnit-lor€*d hi rhtt; cirtttse that you are ta11cf bon t, I have only had n grief tt omettt to rend it but. St►pervisor llbt#60t l Edo fide tl iitic tl►nt, drat would relate to tip.question before us, I will ask otrr `i'owit �4tttir: "1'l isrtst a ` gophi4tiraed°specialtlon that we have for the . t►ut�lic tt€�r►ring. 'fawn Atiorney--fail tlusel(A believe it hnis always been the Town Iloard attempt to incorporate I:nrllown ns well as the other I'UD Application under the old ordinance at all times and I think tltni, _dent was-ev'en �rtta+rte, a stntCant*trt 'wa;(' in' on record, i_ thttsik, at one point during the It�st 1"fttlic heAl"tttg:5' IlvwetirrI i will say that 't` a proposed local lbw; would In fact cover that type of situation in addition to what ever else may be out there that might cover the Planned Unit Dave opnlent this would jitst certainly add to that,protection if you will for the PUD's. Srtpervisor 1 .1, eftpr&tutu your conlments. Facto wn specifically, was included prior i to this piece of legislation several mrtitt ago, several times it was pointed to me very clear thnt troy did file on time and they would be jttdged by the old-rules. Thank you. Does t�tyolre +�xe�eiislt`f� yak either l`or tie against? llerwing no other voices and wring no other hands does any of the Board Members have any c��rrt►nrut�? hear#�►� c`I(>�cl +1:f7'1'.M. r 61 ' iii S!)iAFFIONS I" SOLUTION Avf:ll''ml N1:C;ATIVE 1)RCLARA11OR FOR l RO, POSED LOCAL LAW 1t1 St)i,U'i'[ON NCB. 1417 lntt•oclrteed by Mr. Ronald Montesi who moved for its adoption, seconded hV Mr•s. itchy Mor►rthntt: WlIEREAS, the 'Town Hoard of the Town of Queensbury is deArous of establi of procedure and suiystrtntive guidelines for the review and approval of those applicatlosts �� , 01ah, planned tt►til devviopliteitt, srrbdivisicul except. ntrd riot to include those subdivtslott . p� lons'stdyod by (ho me»i►inriutn, nt►d bail+lint; ioermit ripprovias titnt were submitted prtor tot the efferilve dr,ie of the new, n►nencleci, and revised zoning ordinance and subdivision r,; ,- adopted by tI►e '1'c>wr► fiot►rd of the '1'owmof 4Iucertsbury, and Will-11 AS, the 'f`own Board reaot;nizes n need Ito adopt such local law due.to eonsideratio of fairness n1ld expediency, and fViti?ltlsAS, pursuant to law, tite Town Board of the Town bf Queensbury may declare itself lend agelrcy, arid, , WillilIFAS, l,ce York, Senior Plntrner has prepared a full environmental aw smont form on the. pr•o1x►sed local law which details that the pro[xzsed action will not have a �#gnlfleant impact on the environment, C NOW, '111 lit. IT R11,SC)I,vf:ll,' tint the Town tlonrd of the 'Gown of Queensbury hereby declares itself lead agency if) 1'trr[>c t" of Sl,QitA cottrplitttice in the ncloption of the said local law, and i3l,;'I`1' t."Ult'rim.11 4 f 11liSOt,VI 11, that the 'Town Iloard of the Town of Queensbu h6reb ado t h rY y P 8 the annexed negative deVinrntiori, utilorizes the Town Sat>ervisor to sign such determination, and' ttESO L'YE11,1, that copies of the negative declaration be. filed with tile}govet imntttal.agencies rectuired by law. _. lluly adopted by the foliowill vo te: Ayes Mrs, Potettza, Mr.Montesi, Mrs. Monahan, Mr. Borgos 4 Roes: Notie , Absent: Mr. Ktrro nk7i RESOLUTION RNAC'i'IN(G Lt)CAL 1,AW NUMtjRR 6, 1988 ,E R1sSUtf, l`I'ION NU. 4�1 Introduced by Mrs, Betty Monahan who moved for its dr)pti,Qn, seconded by``IVIII. Itotlnt(Tmontesi" E Will:tii;AS, Ott Ocfober 3, 1988, the Town Hoard of the Tdwn=of Queensburyo 4d a resolution f to set a public, henritig on n prepoged local law establishing procedures * `�jubstantive law for the 'review of site plats, subdivision, planned unit development, � and Ong permit appliention!s, stibmittcw(t.ltrior to the effective date of the Zoning Ordinance NO. 88 of the 'Town of qtteettsbury, and Wti`I:lii,A.S, on Octoher 17, 19t3tt, it'(',- 'Town Board of the Town of Queensburyr declared itself lend ngo0ey with r ';>pect to eon►ltliance with:'Article 8 of the` L'nvironm sal Conservation Law (Sl fu 11A), and {. Wil'l,ItistlS" I,c£ Y()11(', Senior 11nniter, has prepared a full environmental assessment farm a the TO 1300rd has considered some and tins determined -that the proposed 1&* law° will have the ertv.irortnrent, and s Wfil;ttl,A"S, on Qctciber 11,'l!]R8, n public hearing on the proposed tonal law ar9 l -conducted, RMY, Tllt,ftf;l'Oltl ill, lT RI;StttNED, tint the '['own Ilon"d of the Town of Queensbury hereby enacts Local ;Law Number (; of 198131 11 Voi)y of the same be.itti; presented at this meeting, and r3 y j x BE IT F U RTIllslt E N t� It-)1 0'at the Town Board is hereby directed to file the said local law with the New York State Secretor I.trw y of state in accordance with the provisions of the Municipal Home Rule . . i Duly.ladopted by.the following--vote: I /lyns: Mrs., 11 tit nvjj.;Mr.Iftyntesi, Mr.s. Monahnh,°A+ir. #lorgos Nocs: RoIle LiAbsvrnt: Nit.. Kurosaka _.. LOOA�L-LAW #ti 1888 � A LOW AI. LAW L-:,'tABLISJIINt3 t'ItOCI?Dt$ItLPS" AND SUBSTANTIVE LAW FOR= 'CITE REVIEW IjUji A1'1'1i01#�Irt,,.,t►1� ,s!'l'E PLAN, ,,SijjffMVI810N� PLANNED SUBSTANTIVE DEVELOPMENT,.,AND 13Ur1.111Nt, 8ijumtnni) r1t10I2' 'I'O Till; EFFECTIVE DATE O THE ZONIN14 ORDINANCE. NO: 58 OF `fill; TOWN OP'gUELNSBU' J Y . l313x#T"l.IVAC 1 i ll itY 'TIII: TOWN BOARD OF Ti1E TOW14 OF QtJCENSI3URY AS FOLLOWS: 'Phis local law Atoll, be known 'as: "A local law establishing, procedures and substantive law for e review of Bite plan,' divisloh, planned unit, development, and building permit applientlons,; mbm€ttecl 'prior to tire- effective elate" of the Zoning Ordinance No. 58 Of tine Town of Queensbury': 2. hrrr pose: It is the purpore of ltrt* law to establish procedures and oubstantive guidelines for .the review,of ,avvjicntions for Ate pitied;'planned .mitt" development, subdivision# and building ' rrtt;nl�pt'O veils-�Itat�-werer�utstrrlttec! pt�i �to the 'tinle�that the new, amended, and revised rk ?r i o' at cl bd vision regidntic ware effective for the Town of Queensbury, such e ie vm elate_<.bei tg tctitiber i,, #t189. "A,'rl "t tiwtber of ap 'lications submitted for approval have b cjt ter ar�rl"fleet attar Mirror ti"ucnrrtrr trn,va op it e:+onrrldot*tt �o time end meaney faire dty*3opment �_ c�C prahrrr:r►�l iaraJOrta. I'tte t voloptrrent 'of the projects' and" Information a part of the applications, have been based upon zoning ordinance and subdivision .regulations of the Town Of -Rue" PtrVy: es tl►ey "istecl°pt•iot to being revised and amended. It would appear unfair to riow, forge lire :tticants to re�-draft ap�ilicetions"and expend further funds to now comply With .new and arnc►rvle d zoning ordinan66 and subdivisionn regulations. Also, as some of the matters are already, under. review by the'`IvatiotIs°departments. and agencies of the Town of Qrwpar #aury, it would catM�undue conft ie fit t#te handling of the applications if the ordinances abut � Xs:tons were to now change. Also; it was not the Intent o[: ilia Town Board of the "!'tivuirt,gf Queensbury, when approving and" passing the new, amended,,;, aid revised zoning }• tlirtarr yes and subdivUlon rel;tt#r►tictris to create such t condition.' This local law will establish th#r:l;.lhe:zorrjrtg; ord#nntrees`ttrle!'sttbvsion regulations in effect at, tl►e time that the applications wero riled or submitted, shall govern the procedure and `substantive law applicable to such x, nppl icrrt urns. 3. Applications 'Phis local law shall apply to only subdivisiQri,..planned unit development, site plan. arnl Wldi permit applierrtl6",, �-`"mttted 'privr to the effective date .of the new, ' a►nended, and re:vised4on ng ordinance and sribdvlsion'regulations`for the Town of Queensbury, the etlec�tive'dat:e,-¥being October 1, ' 1888, `and therefore the applications affected are those filed on or before Septert ber 30,198t3. 4. :Uefir►ibona and Vork V;oge: TIte definition,of any w«rd or term used in this local law sirolt be xtte sdel'in10M act =forth In the zoning ordinance for the Town of Queensbury, in effect on September. ;-4"8,,n lwji he event that Su-ch ter#nk or word is not defined therein, then I such term or work shall have.#tg eirtlinary ot• common rneatrittg. � 5. t•eneral :Provisions:. A#1 appNesatfon8 for site Ian, ' subdivision, planned unit development, and building permit nppliedti+tiirVs� submittod or Mad at the Town of Queensbury or any agency or department thereof, on or before September 30, 1988, shall be reviewed and apl)rove(l,,approv ;: l "e±onditio►rfi,,m. disappr'cived 'or decI64 in accordance with and pursuant w to the terms of tlj&�provi ons�or the procetlurat and substantive "requirements of the zoning ordinnor-e and nubdiviai�r -regulations to effee:t for the mower`O"t Queensbury on September 30, J 1988. Approvals, tt bvalla with ci�n litions, disapp�rovals,, gr::olher decisions made by the Town Board, lilnrtnir*r�ru,,"Y.orttng !lone( of Appeals; and/or Bpil4ing bepnrtmeets, shall be valid, etrfor renhle± rtnr! Ir#llr#g of; if the wine were made on or befot•e September.30, 1888, and except ' that there is airy'ai,l�i4 alit "Pi)61int a ctpcision of any Board, the time in which such appeal ►nrrst br eontnre ncod deal! tie govrrnecl by fhe''actunI decision date and filing dates. f. .Severability: If any part or provision of this "local law, or the application thereof ' to airy person or irr.trrnstancc t)e ndjudged invalid by any court of competent jurisdiction, 0 Am A Guch J1141l;rncnt shrill be confined in its operation to the part or provisions or application directly Involved, in the controversy in which said judgment shall have been rendered, and $!lull not affect or imprtir tile validity of the remainder of''this local law, or the appltcatictn, thereof, to other persons or cireimistances. 7. Effective Unite: This LOrn) I,nw shall take effect immediately. Sttperflsor itorgos-Now, with our 'town Attorney Present" and with representatives [r©m9 rltown .,Corp. I,rescrit I would like to nsk the 'town Attorney if he would review with Ala ry►laat lie has clout. r1lrril�cliiii; !.his sillultictil tiillt t� ,tlir, itt.�t hltCetfltg. We have Asked that c�l` etna t'liefiges be rrtnrlr r�n.l tlrr Iwo nttcrrtteyq woodd c►n•:rril thiritig the ciny n►hd Mint. inxieca lint is I,),tto+i titi14 after noon to cause us a nromcntriry problem. Paul Uitsek-'town Attorney-I guess the first thing that transpired since. the ''down Board last met was that Mr. Bartholomew find his-office rain off a new copy of the Yindinp Statement which they submitted for my review, on Friday. Friday and Saturday as I reviewed the findings statement tctt;ethet• with the,proposed !'UI) Resolution and the affidavit that they also submitted and this morning i met with the 'i"awn Supervisor, and also had' further discussion with Mr. fiartholontew concerning various items in the findings, the fact that I felt*`or .amendments that I felt needed to be mttde,in order to more;closely come with what I had taken dowry; as notes, in Cite Boards meetings as to whnt the_ Hoard wanted. This afternoon Mr. t�tbolomew's Office ,cart off another copy of ilia flzidings of fact through our phone conv a`tions it is my ! understanding it incorporated all the changes I recommended. When the copy came lit,apparently I with high speed technology these cinys not everything goes quite Iright and .' lie computer aptitireritly put iii paragraphs and prages in parts of the findings statement that tit' ' ld not have been there. Therefore it made `the review process of Ahe last `statement alit"my part actually ` in►possibir f guess, to complete nt that point. Mr. Bartholomew, Immediotoly contacted his office nrtci in fact it is my unctcrstantiing that a new copy is now being prepared and should f be llere tnttn►cntnt•iiY. itecatlse of ttic sophisticated nature of the document and the number of roll Iirigencies U111 , arm incorpor•nlec therein, 1 feet that it is important fer'me to review this new dorunient and I so`ndvt.�r.d the Supervisor, before this meeting, rather'than:just hastily react tit ihtc► document, but perhaps to have time to look throu�lt i't. i estitnieted I" �tuld need prottr bly l wottlr any in ilia vicinity of nil-hour to review"ail of the doduinent-atlbn which is primarily u "cotnpdricon itettn►cen ,wltat.�i have already done'tom the new docutn'errt;�� could not Ic►gntty nt4 !tae the t'rolir�`I to pasts it without conducting a r*W ' ewo Supervisor hlotgns-So we tare 'faced with the situation, cats you tell us what changes wets agreed upon,, j just. wonder if we can wisely tine our time it looka like once tfie dournent gets 'here we will need about gut" liour to review. it. t have. looked'dt-sg be alternatives, I have thought about rescheduling n;►fleeting for tomorrow but there acre for of meetings tohmrrow, I thought„ tibotft rescheduling for Wedoesdny but w-p start-bu et meetings at four and go,to ten or 'later, that c noses problems, I think oiir best het is to wait for the document to come and recess for an hour if need be. There mny be some gt estiotts we have,before that and PAU might want to E;a 'U►rot►gh with its ttte chant es that were mace and the language that 'wso agreed upon. Mr. iiarihc>ictrttrw inn y wivla to spenk, we could use up< some of that tifart, ctit rwise` I would recommend to tit(, floned thnt we wait rind give halal time -to review the' fittiil dctcttnaent so butt we "kitow whrit we approved i..: ar.i.ualty specifically what we want. There Is a 'recreation n►cet inl; tit. 7:;it1. l3artfiolntnew-1 would line to clarify what transpired we did"some initial "CM `iEoday in es pnr#tgraplis wrrl, finoved )ip• from their place, paragraph 13 and 14 were, ttabtred up into the docitirient Mid wic 'Or two sectf ons were thereby removed. There' is, �� °additional" lnnt;tingro per se tfint if you go though t.ite in-consistencies on the new dodufftentAs pteked up Oil those two pitges.,.In otherw,ords there was a transposing of those two sections so that in essence there Is not ;any flew inforlpittion,or deletion thereof "but in Leas ` oing through the document .... as t.iie result of the chi►nges that' Mr, Dusek contacted my cr fi, Woks,morning, those types .ti[ things were ihcor Incorporated .in the findings:, as deseribed...sof i6 6f thisi"t#ealt with lattg+tange as well as we did pick up in the findings document -a couple" ore`tvf *06 and should be's that Mrs. Monahan questioned, wee picked up three more of those are the types of�changes along with .tile langtinge sand a reclttest` for another paragraph in our affidavit. I believe that the affidavit ttoes meet, Paul, with yoiir approval.' i'attl °Urisck 'Town:Attorney-Yes, the affidavit that we had been °presented, whit t Friday did' btisienfly stay the Santa except ,that there kris been a third ra rah added tilt°fit pa� g p y t�a+quest that " paragrntthhaalcrry in, icating tltai xf irttown ever sold txr assigned:ar`transferi4 bperty it Vtotdd ttr sttttjtict to rill the coittini;enries and co- ditions that the Town lEio t has stet forth 1 in thus Planned unit 0eveloptytent find thnt also tiie Town would be notified with it•tie business days of any change in present owner b1p. This -basically is already provide44or'rllt so many worts its t t+ filtacling.nncl d!velcttn+�rrt ordifiance 'ltseltz however. I, felt it"'w3' 'lrnportant to hrtvr' this in stn affidavit car ngrerttterit type form front the applicant $o that tl{ere- is not tit istrncterstttticii. ns.tca.these (irovRicttrs.' i Cotr�ir•illtrrtn Monnitnrr-1'11141,` wiutt <til)oul if imic rriakes any changes #n the amount of land to that t land rtttid i roes n .:that this is not going to have an Initial effect because., they can to develop inlet land that does not have to go for DEC approval. But I wonder if there shouldn't be a clause in tier c to if any time DEC niTrovals makes any, has any relationship to the PU,D it come bac�{�,for,review. 1'8111 t)u�:ek-'i'own Attorney-'Flint would be up to the Board for your consideration, I will say this tine normal rule of law,In thla case wot ld be that the agency that #s more restrictive would overn g , .0 it this town Hoard allowed the Earltown Corp. to do something more than the [)t tttrtnlenl of vil.on lien inn ""V ervrrtion would then the applicant would have to comply j rtttly will, wiu,l ' we ttll+►well 1»il Il,ett illy Illore t•eatt•irlivn ruler+ of IhA iittvtt•nun,e„1+,1 i Supervisor liorgos-What •is tile, 1)iertsure of the r- lin Bottr�d'vve went through every section, every . line- every sectia t n�of the whole tiling last .week, we trade recommendati that'Paul believes now that have bieen covered and have been{ `upon, do you have any other specific detail i questions or how tirittgs were resolved or would you prefer to recess for perhaps an hour until tine material has arrived and read? I :„t%ounclllNnn Mortal. aurae, I.doii8ve-:one- . on the draft that was.delivered to its ,o tiOn and that Is the set up,In this and I am going Friday, or ona! draft a+aa'ilke'this too. I have a little � Problem oil , nge'2 with the preserve lands saying , I Slrpervisor'i3o4gos-Are you in, which, are you in the resolution or in the findings... { Coun`cilmlrn Monahan-I am in the findings, I imagine it is In the resolution too. i 'Supervisor ilorgos-Page 2. C:outrcilinr�tt Monahan-Ycs., tite degvrihtion of the land and open space as preserved land 9.5 acres whi4h will be true if they get the lease with Warren_County, it will at least be true temporarily 'I ecause no one knows for how long that land, that lease`w'Ill tae good`for. I therefore drink that Section ti trat stays preserve land under A. should really read only those acres that I:arltown h td co VWrol of at 32 acres and`In t etlthe tit; � , ,po�iIlty� ,„ifltt.rltrdltionel 63. l; + rtot aen�'eke e�a h,11to stotet"O that theme' a got ,t4 be`ad acrell off` preserve la l, neither 1 I� 19;c the definite °st8ten tit of consert►ed land 1S' acr+ because if you read i . tht* Wider �� on 1 its goiter to ;be='est4blished'on� a• 5 to'15 &c ,Mace tion area on site. So -- tltit►k tltstt really tirttt listing-.ltp there-should be either It 'shoidcf you lno'w, starting 32 to � .ttn r ± •► 015 or,tlte lowest figure nhotrid-be,put+j,,With the parent h+ee r that`there is a po;isibility ; of.tli Ier.one.. I really do not like the defihltive statomeftt thieir+s tlistit, thtlt is what preserved ' lands and coriserved lands are going to be when it may not be that. sut ruisctt . iiorgos Good Point. An looking at this trr4chanically it'would be easier to .put in, in 32-795 slid titcn,54S It 4yott would OccepY them. Is that a possibility o�r..,I (toter►rilrnrita Von' a:hhh4 rthitrk nn asterisk there referring” to the section that they should read for,8n exlilanntion and then I Ahink we would be well covered. i'aul D'I"wk--'1'owti Attorney-It thitrk that in the revised document myself and Mr. Bartholomew had conversations regarding this 32-95 acres and I believe he was going to insert some language seer#de j�lai 'it tip �dorrrent.brut was gaing to add”ress th#s issue`aitd +Clain exactly'what the 32 and 95 acres ntatanr:: Coetn #lnrrrti Mot it•4t dices address it tinder It but I just do' not` like the listing showing the � maxinrllm without it brim;, you know down bore, they vtrarited'to be very ekpiielt detailed. Paul DIN, are going to be sent e fi*ther 4k*natict»s beyond that maybe Nlr., . tihololuew can gi06 the i3o rrd a `'break down on Where ice put that' in the new one that came out today. luiwartl;il8rtholomew- iglu under tint Section we had put"95 + hereafter`referred to as 32-95 acres, liow, Mrs. Motialian l would hnve no Objection if you would like in that paragraph A to put 32 3 .., ,Couns iltnaa Mortaltrtn�I W Of i ott like 'o see t +� •,. a that Ed with as asterisie referrinng down to where people relative to.that." Isclwgt�tl 4artholoftev+ "#•1ae srtlttra we could'"do for canservecI Danis and again we have I think under p iragr8pti N p video the expjnilotion if you wanted'us toY do that: : 1",r'vrltor-ik> �l certainly wolrid go along with that it the rest �br,,you will. Other than that is titr..t`h'rtityt hing,elme before we take :t brief recess. Cout►cilt»nn Monahan-I picked up n lot of shalt's and should's and stuff like that which .1 think in the,final one... Supervisor Uorgos-I think they.got those, I believe. r Councilrrtan M Olin!Inn-When i see ti►e final one I will know whether-or not"they 'pieked up all the ones t-did, S►ipervisor itorgos-Arc± you,hriving enough copies made for everybody? (Award I III rtlioloi►►r,, V-f..; Supervisor tirirgos-In Yom- time schedi►le nt the moment you ti►ink by... I;d ward III)rtl►olorncrw-Mr, Mjantvecil.is one his way up very shorty. Supervisor 13orgos-oil his way in this direction? Edward Bartholomew-Yes Supervisor Burgos- le's already got ti►e document. What if we recess until 5 01 will Alint give YOU enough, is that pushing, maybe 6:00 o'clock? Paul Uusek-Town Attorney-That would be kind of tight. Supervisor Borgos-6:00 o'clock-itetween 5:45 and 6:00 o'clock we will come back, we have a ►►►otiott to recess until that ti►t►c...' Counc�ihnnn Potenm:► so moved... r , . Rh.C1:.iS lt1 U1,11-ME) 7:00 P.M. Si►pervisor Ilorgos-tileorge did not expect to be here but tie, had expected to deliver a letter for nul is read �whlch he tuts, not dona, i hope he 4a not (esling�-Ul again.,;1 414 not receive`a letter from him that' l, had hoped to be able to read tlds vviening. � At his time-1 belleve after fcirther confusion that we are indeed ready to proceed, l will ask the Town Attorney if ire wilt Please ltcing its hart iodate stow,,what tins just happened.w t�I , done what we have in fro Of us..nnd then-perhaps briefly run through the changes that haver Want made in the findin stntentent and then Indicate what changes if any were needed in the resolut€ibn and then qJ will disetiss. Paul I)iis(�k=l'own .Attorney-At�iltis paint the Board should have before itt .first of allia findings stntetnent which is now couiplet a in addition to that there should be,a two page'resolution which ndol)is the findings stntoment,. proposed resolution. The other documett that is before thr # oned is n resolution conc•titil the Planned. Unit Development, f once spin .a proposed resolul ion... Cottnc.iltttan Monuhnn-Supposed to have a new one for that? 111101 1`.ttisek-Towik Attorney-No, that document tins not changed as•a result ofAW06rt session however, t should tell.,yoo it tins not been changed it has not been phy3icArt4_ftAgjd l do have a few changes that would have to be incorporated into that to make It consistent with the findings statement.' 1 thought i could rend them into the record for.th,0,mod; ` t`elativety n►ittlinn' t and there is a savings clause in the resolution which will also t °it; tale process, i will expin n that, t'guess,when we get to that point. The last document would be the affidavit by I:arttown the orlgitts1 of which is in my possession in which,Uhad ea llec and that basically outlines certain agracanents made by Enrltown, basically ogre . �. -Aji°the conditions Mat are set forth in the findh►gs of fact and the resolution plus indicating AW,-ia.they do sell or assign or transfer--that they will notify the Town and that they.witll alsivstell subject to the conditions. that are set forth by Mite,Town Hoard on ,the Planned unit. daVeMpment. I guess the, and mart of. what 1 have been asked to do is.just.review briefly t atodlfications tint h6ve!beets made. in the, findings stntetnent at this point. Basically although have be some review, and rearranging nncl rewriting of parts of this document that 4s.before the these chnnges are really no different than were t»ade.oartier today.:-, .tt tatcattse ' Mutputer errors�,etc.,paragraphs, got switched around so really the areaw*re1 1lattl.,q �ddres. at this point are the-areas that the Board find•asked us to address both Mr-,ffsrt6lomew And tnysetf at the previous two meetings that were at M inch�time tha hoard� ��+ a finding stilt +i11P.61. Probobly Aloe" first. urnjor +chnnger- in tim,'findings statement, ire.,- re several c�l►nngefi Otte of w!.ff•h irlpybe I 8110111(l mention off the'bat'were the changing of �ev±eral clauses thn' t slid) that certain things witt Jiitopen we changed that to should happewhtsaverM,instances tt►r.�ut;tiri►,t t e`cloi►rn►etrt. tiec�ntr r t ho 13onrd felt that this Is something-they`antlej led although ('01 If" not firtanrrurtee it would happen, so Mr. Bartholomew as well as myself attempted to when ever y we could find them change the words will to shall or should except in those instances where the word" ,veil! appeared and did-not indtCate+&-thiat "lt was 9,04e4h ng that was anticipated to ' happen but rather where it nppenred as an opinion of the Board we left the will statement. However, if the Board should feel any of those should be,changed obviously that can still be doge tit, this date. '11te first major change Mould" appear, ja respect to the establishment of r the Mivirotimentnl Trust Fund wttimi orctir19 on pages 4 do 5 at,the end of paragraph 5 to clarify, right.# councilman Montesi just brorrght to my attention that earlier today when we met there were going to be asterisk" J A 'ed into A & 0 and it was going to be"marked 32/95 acres In the first iulrt of this ,•-fi•n►•1 so that would he one tlinjor change that tine hoard requested today rtn►i Illm to be note,!, it t tr'cr`alsl)6nrq-M, 11. I l;dwnrd 1lnrthololrr+1rr-1t would nlso reflect in the Attachment 4. Pnut Dtrsek-Town Attol itcy-Yes, there is an attachment, titled Attachment 4 which also addresses the 32/,►;; nrrenge. 'i'he next area of, change would be the establishment of the Etivironmentni Conservrition fund which ap ars on'page 4 and S. The change there concern tint tit the end of the clause some language was added that indicates that the Trust Fund and I the requirements will also be incorporated into the Certificates of Incorporation of the horneow"ner:s tissoci6tion, the enforcement of payment of the.Town of tlueensbury Trust Fund will be ndministered 'by the homeowners association. this was to devise some mechanism ' whereby the funds could be gntItered anti enforced the "Gown will actually,control it as always brat this has been ndded to assist in the establishment of this fund and"'the maintenance of it. Also, there ns additionnl 1ntigmige, added whereby it was added that the establishment of the 1snvironmentni Conservntion 'Twist Fund oiild be incluc in any declaration of convenients or restrictions or tiny other document that maybe filed. Originally the clauses added by (tape changed) the contracts and the deeds 1 felt shouldd'also show up in any other documents that raigirt be found on this project. That would generally be the only change that were made to that pnmIrmph, C;ouncilnrnn Monahan-Paul, ratty 1 ask a question please. i Paul lttrsck-Town-Attorney-Sure r ("ouncilrnnn Monalion-flow, prnetically is the enforeai ont vt pay monts edibinisterid by the hontcownm association, to be done? Paul 11 usck-'i'own -.;Attorney='I'l,cy are probably the, homeowt ers.' eswiaiion when it is 1 . incorporated and set tip in the .documentation" that does that, -,,that,Woald bie the easiest place to put in the enforcement mechanism. Because it will occur,•,at ,the time of sale And there is already a homeowners obligation slid 'tie purchasers wllI have to sign these and become part of the homeowners assoc. so we thought that would be the easiest way to address this wrote issue because it would get brought to their attention and it would become part of the homeowners obligation along with.till the others. Couticilimm Monalinn--Would that be enforceable by any, It would not be-enforceable by the Town Ill a Court of Law or anything like that? Ptiul Dusek-Town Attorney-1 think that the .Town probably could enforce it because the Town Is Mint we call the third party beneficiary`tinder this type of contract and under the law the there) party beneficiary does have a right to enforce contractual obli Lions between two other people w-hen they are benefited. '11te' ,'salt than&,.major change Woirid'`be page.10 where some language was added to indicate in Clause #3 on page 10 where it: said the Town Board has complied- with the requirements of SL*QRA" as act forth in Articie '8 of New York ECL the Inngunge that as" added at the end of 617 was and that and that the requirements of 8-011.9 I�Ct, lttive been i io That is the seetion" that dents with the.cc ttitAlance,by this Board with Sl QUA whereby piibllc hearings were ha4 and these fiWings *iere;-made basically the entire process that you�have b6e, t througit",�`you fire saying`you have done 4t, In that statement. The Inw nisei requires,.that, that statement actually be trade that you done. it. so that is why I recommended that, diet: be adt1ecl. 'lyre neartr major change woiitd be on page 11, 5A the hoard tins r•tifs+ t) some issues ,concerning total acreage that was left, open and also some issues co cerfring,wellattits, tills wars basically addressed by adding'ttttjt ltment nut�it�er 4. If you note at tine encl of : la t e A' It, st?y,s rase attaet tjtent:,4 and It attachment 4 at the second page of that:' nttach►ncnt,° rry`fhe. third po e of: !tat ettac�tment y u�.;will see that they designate precisely whti ,the "Qp space is, wlrer tiie 52% comes fiotrt and on the fourth page they outline ` the weilnnd clesignrtti!in"'part of it. `tile nelct major cliarigc`wed appear in reference to page 14 Micro some ef-tiversntion occurred by the Board with reference.to ground water quality of M0, surroundinK• �.viAls is not expected because of the prop+ d development-a variety of things we added Provivive at the-cad of this clause saying if IMpAct occurs this issue is addressed in pales 23- 24 r•t(t. 9�," The Ronrd Wilt° recall When we'w`ere' re`tiewing the document the cornniertts were tn►ide that we were wondering if these types of thus were addressed and found titter can.to mkiless itself tit 'pnge�23-24>.and 25""And thet'o ore the Board,requested, In fnet 1 believe it %%ins r :otmeilwomnn Monahan requested that we made this statement at this 1 Point referring tit to 111()se pages, i Supervisor ltorgos-W a have a minor problem at this moment: tltet I am aware of page,25 is not in tite pneket. I'nul I)tisek'Town Attorney-Itecnuse of the re-arrangement of the document here within the past couple of hours, page, 23 and 24 nre now no longer the correct pages. Colin itrnrin Montesi-WO lave 22 and 2.1 and 24, so :.should be 25? i:ctwnrcl 11nrtlrolome-w-if you start tit yom,number 17 and start there... Supervisor Ilorgos-Tire old 17 or the Edwnrd 11nt•tlioloitrew-111e old 17 ! Supervisor ltorgos-WIjnt nl)out the bhtnk page... Edward i;nrtlioloinew-You start'thcre. nrid number, I? becomes 18... Supervisor ltorgos-Ott Cotittc�itittttn Montesi-The blank tinge becomes 17 Edwnrd fin rt-tiolonrew-t:o to page 16 the next is 17 C;ornrcilmnn itgontesi 19 N a blank lunge so... Coiincifinnn Potelmn-.Nothing is n blank tinge, Ron. ('ounrilrnttn Morlitill t-fle irlenns nuniber wise. Counciininn h1onte!,i-17 in n binnk pngo i put 17 in nnd just redid 17 to 18, 1 put 19 in that was n binnlc pnge of) mirin there wits it() number. The next page which should be 20 Is numbered 18 Couilvilittrin Potenza--it,igirt Cnupciltt ntt Mollol►ati-And 18 he-vornes 21... Sirpervisoir Itor•gos-What numbers nre we looking at here 17, 18 and 19 now? Mr. Mjnntveclt,nt page 16 and 17 ntid number Stipervisor• itorgos-Whnt nre the correct numbers that should appear In that piarargraph? Are th()se nrinti om correct? It refers to ?,3... I;clwnrd ItnrIIloloinew-'To correct tile, pni•ngrnph it should be 25, 26 and 27. Supervisor ltorgos-Pages 25, 26 anti 27. Thank you. C.otlttcilmnn Monahan-New pages 25, 26 nnd 27 after we re-number. l Supervisor IkWgos-o1(, trio probletrt. Mr. i usek, at your pleasure. Cocmc•itinnit Monahan-Paul, i did pick out one thing in that -arid maybe' it is",purpose'if you go back to the original draft on pnge 13 there was one more sentence what Is ctant4ine4 in either the fourth copy of the final copy rind I do not know if that was on purpose or �crt - Patel t)tlsck-'Town Attorney-It refers to the use of pesticides statement? f;otuicilnrnn Monali in-Well, I do -riot know until l find my original one ,here. ' � -qn that we went'41+er,' let's see. We slopped in report -contained within the gnvironmeti'tat ti tlitement,, right? ..Now, V have Iand1 a hnid tittle getting these ;all together here It.,.-sMoit d not dr signll`irni ty in this areri; where is it riow, in ttte original one abo had 1 it w'ater,'," easing tliro this nrert slioi.il+i stilt he slciwecl.and filtered was that taken out owpurpose?=, w Patti litisek-Town Attorney-W.itnt pnge is it? Cotutritnlon Monahan-43 of the'very first oneve went through that might. 110111 i imek-Tow" Attorney-11itit1is stilt in here some place. i j l:dwrtrd 13tu•thc}ionrew-Betty, if ycjtt look at page 27 it is there. Counvilllinn Monahan-lt has just been transposed o another.area, ok. Supervisor l3orgos-llnnd written at the britt©m of the page,new page 27 you will see it. Council►nnn Monahan-Uk: Pout U1,5ck-'Gown= Attorney--Oh 090,` whht`'now is numbered 18 there is a couple of clauses ttitlt 1 w lilted to bi•tt to till ihont-& Id". 1 tit. tie 06 6y were tot, if they were in the t►rrvi►►u: nla[c?vt theft wow* rtcit fjldtf� tt ct i4aill n rtrs`'It wits ilia eirsat brae t1to hoard anw it. it mys the construction of the hotel and the second I8 hole golf cow wilt,be dependent upon market (�ontlitivis, if marke-t: emid1tions iterrfitlt dur g the first,five'year steme>lnns, will be developed will thte hotel an,t 'thlt~ roothining Inns I � developed in the next_ five years. ' 'That is a stnteinent that wits significantly different I just had a note to bring it to the Board's attention and review. The next, arena... unlcilntnnr Motlt�hreur-I'aaul excuse' me dust`a MInu#e, and I, am not sure this is the place for .it bc+Cattse the-=waj+ fihte tttiti;; hiss been iii fled around., If the s1`econd 18 hole golf course is not I done 1911d'901110 Oth0#1 in Here it mlltions that;a possibility what is going to-become`of It... 1'attt Dimek-Town Attbtney-on tinge Is- wit I' n>is now your page l8 it hays it will stay open space. Councilrnnn Monahan-All right, are we talking about open left in the condition it is now or no, in other words I would want to know is it going to be left as a preserve type of open space ,or is-It c to be ust� tiln open ace and a tot of filings 'might be done to it? t j P p'- P g ii$ Taut Dtrsaek--Town Attorncy-Well this document just.simpty,says it;will beopen'space'so I would have to arty it was pexes;ih*te'that it cos ch Ue efianged or altered in some fashion. I Councilman M011111)nn••1 just wondered if Harltown wanted to comment on that, and clarify It it) any way. Edward 13e11-tholotxtew-Uncle, the cictfinit or _11,_tho pit „sl+ inith f a ►en space open space I can be Anything from a buffer oil certett' lands, park golf courses and at this time we just feel we could leave it as tin open share area thatt would essentW- y be undeveloped. Rather than, I' think there Is a distinction in being A preserve that we have the 32 vs. calling this reserve, we are going to put some language, to indicate open.space slash {undeveloped we,°don't have w a ptoWitt'ht doing that. Colthelllnno Monah grin-yorr don't, but you the not making any: coMmit t that you will leave that ns; the type of wetland spare that is there now, if you do not put a golf, if you do not put A"crntd golf course oil top of it. l dwite l 111101lololrlcw-1 tll tik alit• inlet t is to leitve it undeveloped. Cotrttcilman Monahan-13ttt I am talking about untouched. 1sciwar d ttartholr►tttnw=idr.11, t t hik that a `portion of It probably would be used as far as open S pare of ronservecl lands that may have ,some wetness Rio it..ouar .ilterrt is not to again` develop it-you are, stilt 01IT to inhi twin muc.ti of.the- characteristics .but, I Mink we are not_"going to take MO. out "nnd`,t futile it as it n' tural` preserve per ste, at �oiat. 'Chat miry, we want to [lave. snore fle ibilitjr` ...t tcirn tv 'leave it a�,ft preserver we wort#d like to have it as open space, there is 'a pos bili#y chat reserved as preserve later.down. Cot rne.ih nn.Monarlihn't just wanted to get it clarified. ;° I'aiil °L►tlehc-Town Attorney-The next majalr red J ► s Pe 24i right unclertieath where it teas tie phases development parcentuges listed, supervisor 13ortros'tt+ich°.ra�isech ni stior ncern ng a c `nil graphic,sto lea, hewanted to'somehow firm up 4 WO'trtaffic, wit ttt *bittd°"be reeji ired in the line, in the;major;of traffic studies air the language thal.°wits aflC to 61p►;elnrlfy this was thsit It was the following., Where it starts in just after oturalx�r 2 el. ttiorritttrI Pt's rniii will tie eskabltslfo'cl art;Earttown's 'expense; the monitoring program' wfit b& lertakOn over isle`tengthi of t#te' praj et and will Incorporate the entire area of the project, lhti� is`basic-ally stew, lilt utla a here inc the five access points to be g Constt•tirted e,grn t*iaker ,'Road. The manitorinif, will � 'canti;�icted in accordance with the sttildhids nnd`` ractiees rota ' nt,c�d. by the New X ±t State a�rtment of �Transporation nttei WTvrrc+n iipllt air!enf a 1}ttttl c forks., The initial; O toring;report will be-submitted ` 'to the various agencies`` R tnatlUis`,aftor' commencement of Ply l of the Planned Unit I1t±WN01i iient. ` 5o tilt,, would clese-ribe tl�e,witure.of the testing,' t would be done together with the timing oC dolt testing. 'Chore is also some extra language added in on page 22 also ! retentive to the sa►?tn { is l�. _,_ _ - - firer► wl►r,re fire d061111cnt refer:: to tine hottorn to the five access points, we just Simply added some fru•thet• language clarifying tlutt they would be keeping to that traffic study report.' I;dwnrd ittrrtlrolonrew-Nit: t.il►sck91 other comment that you had made on that page at the enal Of.tile secoitci to the Inst ptirttgr•npit. (;onsici�eratiort Will, bid gi +eft by fir llo n to establish fir► rtcic tifttrttl tiufPcr''Oren, ttt�cess to Qttakcr Roild as may be required or requested. Pauli Urtsek-Town ,Attorney-Yes. Thank you. Page 2.1 there was a question coneetni pro-rata share of l;arltown`in connection with funding of traffic Mitt ation 'rneast t, th language ihttC Iint: been ndd(!d to it6±tp_t•lnrify ;whtrt heir_ slime Wool J be Is keyed Itt.w traffic Studies 1f Vrttt i1nl ia•rrl`We nil lrr► I►itt►ninr r• n..a i rnme trtltrlins wmtlrt indtente. The ilext arelli-aratthl be Councilitinti R-lortnl nn-Paul, c.;tt►I(t we look, if you are of post it the tree 6 P ge"26 as it clettltcrrd at the bottom'I th nk scirrle things had been scratched out on th°at b6t it is not t clear on my copy. Paul llusek-Town Attorney-I ail) tactut►tly one page before that, just a very, brief remark tine Li second pnragrnplr from the tol> .file lighting district clause W4s modified'to�l iestte that if there is not already; an exist"inR' lighting district establialaed there will be one� tt *d .'before It Sitttply said that a lighting district would be established.: But-apparently,_M11ler06me or all Of the l"Inrltown property is loented'within an existing lighting district. 'With,respect to page 26 wlrrri that should read is right on number 4 the second"paragraph,on ,n .bet. effects to the* current groutici water,ttsnge. ,,hat is what is hand written in above' that, it did not come out too clearly on the photocopy. i C:ounciln►an iVlonalrttn'Cotdd you start right in with the proposed develd trrtt 'bt±cause m is all messed up whole thing. P Y Edward ftarthototnew-Wlint we did was s 1 o repeat that language in the next sentence. Paul Ut►sek-'Pawn Attorney-1 see Edwnrd 13artholornew-So tilat sentence or paragraph could be deleted Dettyt 00,14 lttagnn Mmmrhan-The first tltreQ horse there, r '' isdward flap tl►ototnew-Yes, we repeated there rather titan to try and react my. foul I)ttsek-'rowti Attorney-1,1,0)nttly the first,. paragraph you a*e'right Ltd, .could be delet right out. _ t counciln►an Monahan- hen could you read the second the one that is correct,,because my got blurred lit)-spots right there: l'ttrit hi ek-'.'own ".t+�►•ney=Sure, that should read The proposed develarptrteb# is expect to have a minimal ir, ia;ac t oil life t;rotm(lwater resources of the area, with :no,adtfe effects to tite ct►r•rent grounowirter usage. The next major area of change would be under, on page, well 1 guess it wotrld.be prige ;Iii Couneilinan 141ottalqrn-t�iVe us the old page number, would you please Paul. Paul l>tt -•'down Attorney-'l`he old page' number is 28 Domestic water, Town of Queensbur >i .Led by life Y I* here the l3ohrd had raised concet�ts concerning cepl4tal° d payment Of the r+tnital con tribi`ltion�cl►arges, f basically everything that you see.tan,Aer, �raA&,an arrow 41141 -11 line `scribbled in at this point, everything under' that pait;t dead *jth.xt4e Capital Contribution charge, well nctrittilly it is just the-sentence right above that and th+en.everytlting after tint. Basically indienting tllat I'.arltown -gill make a capitol csntt�i _z j. for the use and benefit of the improved l�lannr+cI water, plant and associated faclZitfes `l5ecause they are alrcariy in tt water district this clause goes on to say that they will remain,pwt,o the,watet district and citntintle 46 pay ns any either water.district consumer,*4the reef they are presently prryittg and the ctpernIion tend maintenance changes that they a1 ! ►rt dy paying, 'Ibis #s (It►ft+e,an lefir"thy prorritiic)nA,he reason for it is, at the-tnotnent we do, t, .an exact fortttttl t in ttlttre No the &il here wits to try to put in 0$ much la tlai $ . sir th g it Wotricl 'be clear its to wit"t ttte intent of the,parties was and how they bositrj* tented set t � .iii -for', min. With this Itulgnill,e in place the putties sihould tie able,at.t r ti agree to life c o►itributiol that tile, party, that -rarlto�rtt will -MAle .tawalyd� th , tai colftrilitit on or tiro itrtprov "ittrnts, The next change occurred bli page 14 Whf �*,jt1 W pfd page 31,~l:*t +ve hu►nber on'that pAge where it refers to` lid w ti ells t wlti rlt starts priC+ to the :acortstrtrc!t on ,then you 'utt� tb file next s a paragraph Y l P' pareigreph ai* that large was niltJc�£f trt''tliis,potn't to read"'facilities within the development and those dt�ve�e l fir upsiged otitside thie devetoptOetft wren, these nre 'Cost,the would Y pay for, to meet the.,d mend of the t*rojec•t iat lhnt i? �tctwn�s contrilmuon for capital share of the treatment plant_and existing fn, ins tit eslnblis lied by the ('ity of i (ilCll.'; with tilt, '►'r-muela of, the Town of (1110ell; A04 Paid Div4ok-Town Attorney-This pis on pnge 20 clause 19. Supervisor itorgos-Thank you. That is.pretty. much.it? 4 Paul 1)nsck-Towh Attorney-11tnt is my review. Supervisor llorlrbs-ilefore'we go into any of these resolutions does aityon,have g last*►©rd? CoI111 iilunn MoI111111111-Steve,,-i ittrve sonletttitng ihnt I want t6 go A10001 h arft6f1"W60 through 111if, ovOr Ili,- weel(vtur. (Ill tuol;#m 11 Supervisor Itorgos-Which doctunent now? gg Cola 161mfill Monahan--The final, final i Supervisor norgos-UK. Colincilman Monnhan-I jest waisted .to snake sure we ,got the first paragraph jt"says, adalking nnture preserve of Class 1 Wetland and I know Earltown has said it will pump water in if E t►ecessnry to preserve this.characteristics, there is some language later-dri tiV.rttight make rile think that would cover that but 1 just wonder is we need to pert something in there. I Patti Uusek-Town Attorney-I utu not quite sure, I cannot seem to find it. Cottnciltmin Monahan-ttaped -changed) On the one that was, the one ethot me, had before this one, 1 dies not know, maybe that covered it. Counciltlinn Potermn-on page 37? Councilturtn Monahan-Yes, 1 think there was something in there, it was on t >leiite consisting ot,white"eedar swamp 32/95 acres. i do not know if there needs to be. tqg put in there ' or not. They had said- if necessary trey would pump into that area to, keep the water level what:it is. i l'acii lit ►ek--'i'ow1�,l tta>ttf ,y-t°ttict 110(;"400 that statometnt anywhere In tI* document. Counciiimn Monahan-Should it be in tllcre? Paul Dusek-Town Attorney-Mr. Bartholomew, maybe I-.dwnrcl tltirtholomew-We have indicated that we we will take.this-preserve As:a.naturol preser I think discussion cover it netttnlly,one of tite things is not on the issue, this is a changing pre' erve area, there is very young, cedars, young mapleS.there lit lay not.;per w so..there is a chnilge, going on Without Any development so indicate that we would pump per se i think we whultt be mare cnni.fortnble,, with Iletivities in A natural preserve,seer w0*1o' with;dur wild life etiologist to cice.'asap a tnnuagettrent practice because-for us 'to stay,,,-.to putnp,per sn. may not be actually what the wild live nintingetnent wants its to do. (-''Ounciltltnn Monahnn_1 think the paint I nrn trying to make tins been made before that, a thirty two acre may not n.^ ea�nrily stay as a cinss I wetland unless It Is givers some i was trying to tie i hi., i!t beent se 1 rententber there was a discussion about the help that Earltown carts willing to give'°that particular ttrtreet of land. < Edward itnrtholotnew--m mnnngr.,rt vnt plan for the reserve will be presented to the Town for its review. : that i4 cnrr intent,... Courn�ilitlan Monnl)<►n-l 'litu just trying; to tie clown the fact that it will stays a preserve, which it-ntit;t►t not'if,it is not given Borne help. Edward H rtholotnew-If you wotdd like to on page 13 r i Cothtcilmnn Monalfan--Wolf it is�ors pnge 14 up at� the top the eery.first p+ graph at the end of it:= I'do not kriow-if that is-the right place to'put it button page 37.1 .< . Paul Itnsek=Town Attorney-May I SlIggest that if this"IS going .ta, be a,:c Stltlan of apps Wilt perltnps that the best place for this to appear would be in tite ; . ctrl 0"'Cting ' Pull -oi page item ntntrt�er :3 ttuit i5; where the Board bets fortlt-a`ts tip granting 60provr+l 'and .it also rofet� to t lve Wh to Cedar Swamp and the Red Maw .v atation types. i Perhaps either as A clause Ill or pal t`of 3 B it-could just be added, that,language. Strpervi:"or ftorgos-Do you"want to last in the exact-wording in at this? i 1 1 P11111. Ihi-<ek-Town AtIfiriiev-1 guess liar. I lilt,tlio omew find it, [ will defer to kiln? Supervisor 13orgos-Ire said n mntingenrelit plan and review. i:dward Bartholomew-A t(intingement pinn for `the preserve with submittal to the Town of Ruecnshury for its revitiw and approvni prior to construction of the preserve. (:ot/nc itnrnn Ntonrrhnn-lay the wny when we are looking at the Planned Unit Development may 'we elinr►ge tilt A of 3 that 95 noes and the 15 acres to he written the same way as it is in the findilig!" Sitlt('ilr(!Ilt. I (;ouirr•i#nitro �iontrSi-a��/�t t'.oruic ihrtnn N1otrnhnn=:3i'/no 611 wllt+t ever the difference is 32/63 1 think and the other one ll Li is i t'otlrt(ilinrtn Rtottteci-'r/1!i' Cattncilnrnn Monrtltnn--No :12/95 I nnr subtracting when I should not. supervisor 1101gos- 'That was page 3 item A. is there anything else? Paul Dusek-'Town Attorney-I want to make sure that I have the correct language? A Mntrn#;ement i'inn for the preserve will be presented to the Town,.of Queensbury for review and npprovnl prior to, perhaps to r.lnrify that a little bit further rather than the 'Town of Rucellshrlry, the 'Town i3oard of the 'Town of Queensbury is that the group? Supervisor 11ol-gos-That is a good idea. Coll r(•ilMan Potenxn-Paul are you putting trail just in the resolution for the PUD or are you butt tig it.iii the tin�tittgs tool` It Was your recommendatiowto put it In tiler resolution. Rill' Dilsek-'fawn ;Attorticy-Yes, it would .be because, this is actually- a contingency an 'M11111111 itrntive typA 61 irtlon t p((�ipoan nn s4oment- cola d b tnaclw that it w c3 ;bo=included In the finds of fact nittiough I do not really think it is necessary. Councilnrm i'ote;izn-All right, Coirrr(.illrrttrl Monnhnn-i'aul, Again on 14, the paragraph next to the bottom sighting the golf cout.s .and<it says will continue should that be will? Coil e,4,Ilrtrt'it Montesi-This is in the final f indings. Councilntnn Monahan-.,.Will continue should tint be changed to should continue? We as a "Cow,n I3 rd do not realty know-ttint is going to happen? Paul tither-'Town Attorney-`l'hO is one of those that I thought could go either way and it was kind ,Qr left off, bccautsse t'is a statement .,of opinion, you are not indicating that anything definitely,will happen but I thinkit is up,,to the Board. Supervisor 1101gos-i 'do not think there fins been any- argument on that particular aspect to this Which has been importnnt in lily mind. C olrltcillitatt MonahantAlut we do not know as a fact, we think it _will but it isn't something we know and c•rin prove. Supervisor I3orgos-1 (in not know that we kitow,anything for sure about anything. C011116hnlin Monallan-13111,_I wonder ntmltt that one Supmrvi or 13orgos-1 df� nut, see any evicletice that would`indicate that there mi ' tube a different fullCt ion nS contparCd to ware of the other ideas where=there was conflicting evidence. ' Pnul Diisek-Towti Mtorttey-1 would .-my if you felt Councilman Monnhan-I think it is doubtful, you know, t think it is one of these .things when you start"fooling, targind .w.ith ti►is stuff .you really don't know what is going to happen. That is why r won lercd-wtt^rr it shotll(t t'nul 1 it vk-Town Af tcit•rrey-If ycai, tvrini.ed to change it to shot" I-do. not think it would do any hnr•m to the doculiv tit. {{1 I Supervisor Hoi%go-s-Does the rest of the Board agree to should? Or probably w,ill or make It a probably will? Councilman Monahaw.Ok, I think it should be saying some area of-question in this. Supervisor Borgos-Why don't we, say probably will. Probably goes to the left of will in the margin. Comwiltillill Votenzil-Ok. Coullcilillilij Monnitan�Theii dowit below again In the next paragraph, No 4" qt,mv.the ground water (Itintity of the surrounding wells is expected and I wondered it that be' a littl (111111ifyill1r, with eitliel. S110111(i or some qualifying word in there or do you th n k K Js alrea qualified. Supervisor Horgos.-I tiiiiac you have (Itialified, by anyone saying no impact Is-expected, I do riot know flow you wotild go beyond ilint. I know what you are trying to say but It'is,there. Cotilleillmill Motrall"'ll-OK. I 'jtist wanted to bring that tip to ,the, Paul In the'Atit co�p' y that we had oil pilge 17 1 iiist -Nanted to know if something- has been corrected? Because It-was one or those thbigs Milt probably...you hope I fully you caught. It Is down In t I lie Midate" or' 'the page yollstnrt with tile sentence that said, M the residential units Paid Dusek-Town Attorrley�-Is this page 17 of the old Coilliciltrinn Monalian--the brand new one Vaul D"sek-,rown--At toi iiey-In the residem lint units construction stage Collilcitillilli N1011111-I!l ow, as I r(!ntl 1his, things have been left out of 'it did y6ti-catch this whell You re-ptiste it tip the "colld time? In tile fourth copy it starts, It was onicii'be complied wit It fit nad thell it, did riot flinko setise, expected,that this mayjake a WIod of 12,, to' 15 years for flitt developinviit More are n lot of different paragraph's that.have been'lef,t out,'did you 0'"t'"11 thAt w1larryall res-pnoted everything? Edward 11111-tholoillew-Glo to tile ilext pnp"e ("0111161111"Itl Monaliall-I suspect thif t it is but-I do not have a,copy Paul Dtiqek-Town Attorney-If your question Is this document 'as 'it 'exists Included page 17 netil"lly reviewed this against what Fbave as a master copy that I feet that was,a' correct copy with the changes and it does travel fr�oai this page of 17 to 18 correctly." Coiincilti inti Monnhati-OK.''-Now, we have tile fourth',copy owpate,21 OA11 11AVi'a,n6 idea where it is goillfr, to will(] up in the brnii,d new copy you got. Page 21 become 24 419filti-It is Just a matter of cleaning tip stuff mat we mentioned tile last time.- These CeMllltlOns Of-thO Warren County, filintice collitilittec did riot really do what It says it did during the fInAntitig, duririg tile finding% statement. flecause that never authorized the a0ptopriate,4111114 for Quaker U t �never been Road it lins talked about the inechnnisin but the, resolutficin to go o t 0 doi,ic otid I know we thought,that-, that and'I am not sure about tile one above Itt correctly relates to Wlint happened at the Board of lquporvi,�ors. Councilman Montesi-On July 29 the Warren Cotinty Finance Committee recommended to the fult Warren County U6ard of SoMrvisors to undertake thd toad Improvement*4n,Ouaker Road and to authorize appropriate funding. Councilman Monahan-Now, I do riot know what kind of authorization Stipervisor Dorgos-I think that recommendation' was there- for both of -thostAo'undertake the the Improvements and to authorize tile funding. Councilman Monalian-But, that iany be but Stipervisor' llorgos-That is dif feren t f rout, tile next.one. I do not believe.that the funding Id been,authorized. Colaivilmon Moitntlan-11my have tniked about going to -a bond issuet they authdOlied the funding for tile etigitioering'. tupervis '001-g68-111i'lit. tout t•iltnnri Monnlinn-11111. thcy,have riot nilthorized tile funding for the road itself. Supervisor tlorgos-You inhyy correct me but i believe the engineering has been authorized. Edward 1lnrthoiotttew-"!'he reolttliolt °authorized borrowing there is one paragraph in there � they nuth6ri7,ed thv borrowing of ;129,001) do tars or soinewhat� less»..to do the engineer aspect,l ' tloti't• mind 'cI'nrifyi.rg thN t1. littlebit 'Betty, +did authorize,Jn ,;f ragftph in borrowing bonding ciesr.Cihitif, and thc•11 it. authorized a bond anticipation note they broke it down between the j two projocts borrowing, bond anticipation notes and also taking for an excess project, Mr. Mo.ia141#11-1'rit ) 'believe that when the exact bonding-tneelianism is put in 'place that, tt.nt will l itvr 't Ne oppraovetl ttg. n, l would think. Sulam-visor ilorgns-Coldd we jil's rini d th�Is by ;dying and a�titori�e the appropriate financing for:�hritinl etigineOring`design? Is that enough, adcl for initial engineering design? Pout Dtisck-Town Attorney-1 guess I nm unclear which paragraph is getting changed? Stwervisor 11orgos-Uhl 21 new 24 the third paragraph down. C011116 Motinlinn-Yost are talking about the August 12 resolution Sulicrvisor Ilol os-(;orrect. i Coiitivitcunn Monahan-Down below that 1. want to bring up again what we brought up when we first wmit over this and Itoti fins brought this up frotn his highway, committee the word bike lnne, because we are not allowed to call many things bike lanes and 1 do not know if these part ic.rlar ones can be, if they tine going to be separated from 1.)m rodway, l believe that they can he b"t if they Are not going to be separated from the roadway 1 do not think that legally we enn cnil them bike.lanes. Supervisor,tlorgos—Wee talked nbot t paved sli adders. V(111114-1I riAn Mdnnhlin-l tidn'l dint, mot wooding tit erar would hdve to bw: ehs"rod_�a little bit n n<I Coiinvilau;n Monte. i--This specirienily addressed I think we covered the bike lanes will exist within,,the 't'own's right of way, t1unt n:ctually should be,. , t <o.ittcihnnn Monahati-1 rim saying ,stnrting way tip, 'at garltovin's expense -bike lanes will be ron�triic tech It is brought up several titpes, within ti C,p�agraph ead, where do you think it sltoold,bto chni nged, .. - C:otrneiin.nn Montesi-When it is itil it road we need-to call it'a paved Supeev'WiO Rorgos-shoulder . Councilinnn Montesi-shoulders,_ the only place were it= can.appear,V1w a blke lane is additional bike lane will be constructed from the eastern portion of the kite. along•Alid southern utility, tlint is ok, Imcsuse that is not in-a rondway. It.Is a small technical point but Supervisor llorgos-we just rhntiged tiie first bike lanes to paved shoulders. Ciiunciiinnn Montesi-We all know what we went through on,Aviation)toad Councilinan Monahan-'Coot is what I ani,afraid of, we may get in a big fat... Supervisor tlorgos-W,e got at, llaritown's :e I xpew.a paved shoulders will be constructed along the-bolrlevards and then those.paved shoulders wjll exist. Cot.ncillr►an Monahan-I have a question ott i�!iselc--Town ,,N tttii ney-feriuips you sl uYld delete so it�is. clear file word additional then, w11V'Wc it says 6I444114onsrt biko Inne you might wont .to spry.a bike lame. Y r s.: Stipervisor Borg"..'-flood point. Council11ion M011111 iti-Ott pnge thnt `you Iiave numbered 22 in the final findings,..-.on the final copy tho l,nge was ittim >er 22,ntid now it is 25 I just wotWered.by, gills sentence Is in here which :to' 1110 solillil�. like lfie sa,tne thing twice, maybe, I do not unoera nd-ttie meaning of.It. We are gollig 'onr,, two, three pnr igrilpiis down. hand construction and water sewer and other utilities a 4") should I)v c oarditinted to tite tnitxi fill rrtt extent possible 'tile tilning of road construction -and water•, *ewer, and oti►er utilities shnit be incorpornted to the maxiittuln extent possible. Is there ",difference i".910 ["cutting of those two sentences or are we being redundant.. Ldward fin rtholomcw-...there is a slit itt distinction ...(tape not audible) , U0111tcilrrtrtn Monahan-i have nn problem with it I just wanted to see if Lunderstopd atell. {)rt flint carne page I wouldlike... -Supervisor ilorgos--...keep that Ili or It t'a,►►n< iln►►►►► 141ctnahrI"A just willifed to know wt►nt 1 wits reading... Qr that senile page going fl Own t; g >~ awn one! more Sentence i think we still have a> *ord,loft out that we. pichod lift Another tittle. i:nritown will consult with Niagara Mohawk. I believe that hnd in three, will place basement, its rcgttired, it was just an addendum that''= waarade t " first night that we went over these, fail or the second one according tom noteg 81tt1 l.yrtrt tins titre same note. Y Paid lhtsek-Town Attorney-`i'he added language would be Coanc•ilnuttt Potenza-As required after bnsements on three... t'ou+►citn►nn Monahan-Appurefitty there.was a reason for it then and it was left out this time. After we got done th- first session with the original one and`we ended iup tvlth a minimum bnsettren u t floor elevtttic, recitrircntent of 3211.00 will place basements, as required, well above. I it'll nsstrrning that pnt*e 23 in tile. fourth copy which is now 26 in this one t-44t ;thing got all [nixed tttt by being octt of order rind all that kind of stuff, l am assuming that this has been property put in order now. 11at►tDitsek-Town Attorney-Yes. Counciltrtnn Monalian-Its the fotnrth copy on page 25 I am not quite-sure where it is now, because everything as I said got 'nixed tip, and maybe this does not have to be ch$nged l-just want...no itttitnct on the ground water gatnlity of the surrounding wells is expected,'-do' we want is or do We want should be? I do not know where it is in tite finaf...page 27 d Patti i ctselc-Town Attor icy-'1'lunt_Pne we left because we did expect It really did qualify that for yart. Ccxrncilrr►ntt Monalhan-What alipitt. hydrologically at the very bottom, there will be is a litt� less... instead of going to should he... Pried Dtisek-Town Attorney-here ngnin we thought that one was &-matter of opinion and left in, if y0tvwnnted to change it, it could be changed. Co►tnc:iltnnn Itlonahnn-No I just wanted to make sure we covered all these. R taln on the next pr►ge witielt has been re=numbered to 23 on the .first paragraph, will prevetK, we want will or do we wnnt should? Poul Ditnek-Town Attorney-f have lost you. Cctuneiltitnn Monnivin-t)n 26 in the final copy now now which we re-numbered to 28` and there is n <5 at the top of tho page., in tile- first paragraph near the end It says:attd;wild prevent the flooding and erosimi. l)o we want the will or should it be a should? l Paul Dusek-Town A 1-tottiey-`i'i'tat one probably should be a should... Cortnc•i(tttnn Monrtrt ►n-t)rt copy fourth copyof page 32, ok the end of that sentance reads which meets of exceeds these standards established by the Town of Queensbury In .effect at time of.1,lnnt npprovnt of Phase 1. Now,' t tin assuming that F€ittown refers to ttielrown phase 1, Pnul as You welt know in. ctur subdivision in Zoning Ordinances we phase In a different way they have to collie in, in units of thirty five, so I.,have talked to our plattber about that and sitt;geMe.d this change of lnti uago, eneh phase in stead of phase 1, of,each' ice" and' then tx pnrenthesis phase its identifieit in zotdrrg ordinance or in :subdivision regs. t4t,ties it in thirty 'five unit approvilis. i;eenitsh it Ims always been our standards°-in t n Y `lawn` when mate in +nit n phased develoli neat 'and I am talking about zoning-and subditvisfon phases y i►nvrrto rtleet nit the regulations that nre in effect at the time-you applied foir that one. c_'outtcii"'an Montesi-I do riot tlti►tk yoti cats do that here though. Cnuncil,man h"M1iiitn-t Mink-yott have to bemuse this phase. one might go QV t• Me years, I do not see nny=other way to be consistent with our zogIng and subdivision rep, flow can we A k Y re avrite can ()wn ordinances. t;ouncilman ItToil teSi-Well the subdivision, what we are talltirag about is breaking of a subdivision of fifty lots Couneilnrair Rlonalran-No, we rare talking any, now...ti.rris will not be allowed get approval for-ono hundred and t 1irtya ©r vihat' eve It � the are facing come in and our pr cllt ordinances , ` y ng here, under ) you cannot do it you have to con* in'-,thlr�ty, five units. t'ouncilnratr Rlontes -There phase one.Ile(. rtracs five air I mss, or thirty five 11011ses enclr. t:oun<•iluvan Mon111r„•• �,.,, _ 'Cotlncilrturn Monterai_4 d not think they ca n.d that. r» ('onrrrilinran Atonal+,rrr `turn we have n conflict between two ot'dinances. I do not think we can sit h e e t ll. 1 t ar I rrw rite or•di"an res that we got on the books or make exceptions to them and be leg ill. ['lus ?!)•� frr(�t you arc putting in Supervisor 13orgos-you raise an inter'estin g question G'o+meifnrrnlonaltan-I dial discuss this with our Senior Planner. Snf)cr viscm ltor t;os-1 wistrecl that h;acT been mentioned earlier Coda 1 'would for you, y► have an answer g Coltr►eifrarrtn Atonahrin-I cat hi this, VoEa kill t�► g'et igag something delivered late >?rill and trying t1l t;et brrcrragh thla on n weekend when yota have a lot of other commitments i fr nkl caut this probably al y g P Y g g Supmrvisor 13orgos-LVe could resolve this perhaps o a resin to the terms of each ptaase. Then ;_ +' *o1*1 not IlhVe to worry, about nutrat)crs. Council Monzahan-Except that you laavca.,lca..make sure r '- thatAhey realize that it ia'not referring j tr `tl)ctir tr{1a it Ilan to roCei� to plinr►ex'tve use In otlr aubcif rl rlon. 800600961• 13orgos-Obviously they have to f#11©vr all file requirement a 14hc1"tlrhtr p Q f our site plan review get n base at a tittle and then,, agree to live by the standards in effect at each of the pftasr_s, Is that correct., Mr, t3rlrtitolomeau. is this a, major pole€ of conflict? Edward 1l ar•tlaolornew-(T•rape not nudible? solnecilmrin Itienaiaratt-l'trs it ciiil licl, i am sorry we had a planned unit development that had I �ornc prr�hlerns. p i Supervisor e.11grg tic tt►e, tla :sottae:"rltlea acrd ragul ticros that relate?-to subdivisions but the PUD is a •'el9riraaevartielc!•, We need all opinion,from Etta attorney, ' c�oturcilntran M0111111rrrr-It would be just like the building code, Steve, if tine building codes chap e i YOU have 1.0 comply w.ith"LltCol. g Council mart Potenzra-We talked about phasing in Earltown all along, we have talked about ...over a twenty year period,'we have talked numbers, (:ournrilrnratr Monahan-yes, but they Crave set numbers into their phasing, they have phase one Oil page ?.1 re-numbered 2t that they Platt to develop 30% si never get nt)[)rovnl under site plan review or 130 unit t a time. s family tan2ts of 138 they could F, Supervisor 13orgos-t ,think my clnet ion is really we are dealing with a Planned Unit Development rather Haan n standard subdivision if the 8116d visiota rags do apply.:. C ounc•ilnr11rr ,64enahan-l3ccatt5e I soli yoia we.lmve �alt steed that, we have had a`I'lanned Unit 1)evrtc>prtrcut in this town that roc"laacl l)roblents with because it .wasn't.. I'raul Uuscic-'l'own Attor Hey-'1'her r. is latngurage here that indicates it says phasing with reference to nraxinaarrra lot approval-for subdivision shall be phased a�td �t ge� 'into the business of 35 at the vr►d of 111e c1alt�e tt'sny:e that this paragraph 8111111 not apply to Planned Unit Developments which brave err approved staging plan nutlet Article Mot U►+s'Ruteensbury Zonin law nor does this rapply to Sttlaclivisio►as of lest tltrrn` U►irty five dwellings. So g that would;kind of m11kc* sense F)eeattse tlti�t is a legislative enactor @nt #�yCth@ tOWn just a4 tt@ Zoning, orglinnnce N•a, ; ` t. oar ,-1►t tii v;ar y those criteria the other thing I might mention the s111)clivisiott are not-114 Ordinanc•e they .nre n resolution of the Town`11oard"and a legislative act j' I; Would take priority over the subdivision regulations. Councitrrtrtn Monahan-Weil Flo your t6it k there needs to be any language in here to'clean this tip? Yoti know, does it need sohtetit!ng in here to show that this was looked at, at the time that this Supervisor tiorgos-flow about just finnt rtpproval'be.phased. We are talking abet your phases bc(!rtvse they are protected by this PUT) 15: " Pnrtl i)usr�lt-'Town Atl�rney-1 ptess `ivy reaction lines been when 1 read it I felt comfortable Willi if, I rto ni>t know if i would proposi� nrty chnngea. Counc•ilinan Monrthnn-But you enn, all right but they are different, phases they,g* please 1,2,3 all(] 1 clo not know how ninny here, so ,yon nre not going t'o get those standard for all those phases for twenty years you are not going he able to go under those standards in effect,at the time of phase 1, and that is'what they have got. (Tape not nudible) C,'ourtcilnran Monahan-1, think ...becamse those are the ''standards are related to the follow up C nit the wny `along an awful lot of attorneys come in here and try and say Ahat;wt can plan the salve kind of road that went in ten yt'tirs ago because that is w n we'started our subdivision. i (`Pape not au(lible) Counc iirnan Monte~+-1 think maybe if yott look at the last sentence and you isay- standards estilblishrd by the Town of Queertsbtrry hl 'affect it the time of final approval ot each phase. Slipervisor lior•gos-I +Ivw-lit I find been saying that. Conncilmnit Mont(::i-'1'hnt nt loost acknowledges you are going to maintaim the standards as 7 I` you go al.oug nnrl gi�)%Ai wilh it. lsclw:ucl ttrtttholory >w-(rlc!*r. rnrt ctittg t2ntirtcer Ridge planet 'Unit 'Ueveloptr#00 Number 1 14o miring 'prolltviln►ir,r ntid ritint site ptnn approvM fr9m ttie queetnabury, r Joritiing Board In necordniti'e with Article 15 of the 'toning Ordi'nance' and that Barltown wllh,deveIdg the Plammed Unite ltevetoptnent in ltecordance `with the specifications, requirements and othor rules and regttla l.iows ....in effe2et tit the t:irtrr, of this Planned Unite Development and for specifications re#at hrg to intrttstru�cture `,rond, .pining; et�uipn cat; tait� effecEi�e' state tot` `conTormance wil be the dnt.e of subinittal for site plan review. r Sripervisor Ilorgos-Perfect Colrnc•iiinan Monahan-I would j!!st say then in order to make it so it is not confusing is that Ron is right trike oat phase cme find say of each phase and then we will be ctrtisistent. ...('l al)e chnt",led) Now, I Brink it is '35 in the finnt, final, Patti on'13' udder, Peat ide i l got no ativers(! impnets nre. expected. t nits :just wondering again, if the are should 6i qualified as Should be or Something like that's Ilalit 1)1usek-TIown, Attorney-ller•e agrtin, the only reason we left it that way`"was tliat we felt Urnt the are was (junlifying... C olincilman 1tlonaltan-Again 1, will rile you opinion on page 37 in this one, in d. The hydrological functions of the wetiands will continue to exist or should continue to exist. ` Patti I)lrsek-Town Attorney:-'t'hat eottld go to should I guess... Councilman Monahan-1 really think it should. Cotrneilrnon I'otenza-1 lost a page... iI C%ollncillunn.Monafinn-Pnge 37, wait a minute did I forget to'ce-numbered after l got sw far? 1 Supervisor itorgos-Page 39 Cottticituinn Potenza-All right. Coupeiiinan Watesi-U. ,the wilt to should Coltneiltt+nrt ;Manahan-i believe 1- bat is ail the things that 1 picked up from my lhotes. S!lpr.r•visor liorgos-Mr. Montesi, do ,you have a'number of comments? I i C>ot►► <�ihirnn Mantesi Rio. i y Supervisor Horgos-Mrs. Monahan►. has clone our homework, we appreciate that. Does anyone else have n 'finial closing statellicat, before.we tell the Merit that we have checked the law and we' cio 'not 'ltnve 'to .rend 'the, entire resolution. Traditioftally we read word for word every res6hition tyat 'since we hnve'3t1 snore ,Pa"ges 1 fouhd,.that, late Flo not have to read it. [lave you 1 deternlined What we have to rend and do we cio this one before we do this one? 11a1r1° Dw"rh-Town Attorney-'['fre first s)ne to be donp is R two page resolution that adopts the Th;t�12 A firntirt�;'c nri�`t 'trcrr�k`,�frttiir,l ;,It lu)ttd wl#fit ,ilrnt .�,!st}its «^�tntnellttttt, 1-awill tt:Esllt tht! t'Ic►rk tkt ++� ,you 1`11cli., ►1 +.�ipy' t►1 1ttt� i lirc11rr1,u ;;IrIt(.nti'-ttt tifitl is 11-nci•ur+pia bttvecl uImll Mutt traimpirctl toddy? i _ 1 I)arleen Dout;her-'Town Clerk-Yes. Paid Dttsek-Town Attorney-Do yoi► also'.,have a copy, of .the ressolution so that would become 6 Part of tit(-- permanent'tninutes of this meeting. s i Darleen Dongher-'['own Clerk-Yes. R Paiifi 1>usek-`[7ow;n _Attorney,-Tile, ecottd document, would be a resolution enaeting the Planned Urei"t`1)evelop►nent, once again, you do have the document. Darleen Rougher-Town Cleri(-Yes. i Supervisor Borgos-130 you want tile first one read? i'rtnl Dtrsek-Town Attorney-1 do Trot think anything has to be read, the Board has all the 0o4ttrnepts before us... itl:St)Ltl 17t)N` _A!)ot''l7Nt; Sl Qlt . I?!Pl!>!f t i3: .STATQMIBN'it' CONCERM114G BARLTOWN'S aAd �itri30$t'LANNIi) uNl► ' t)rYt>kc '► il ' y R tI .U`l7UN I+tt » 413 introduced by Mr. Ronald Moistest who moved for Its action,;seconded by Mrs. Marilyn Potettza: � Wltl:)it:AS I arltown ns l'ro ect Develo er of Quaker, Ridje, submitted, Planned Unit i)evelop►Went rippliention dated March G, 1987<to the Town of Oueensburyoand Will-Al1?AS, the 'Town of Gluceasbury was designed as lead.agency for purposes of review of Hunker Ridge Project on March 10, 1987, and c W Il lilt i"AS, a i)raft .l.nvirotimeatni Impact Statement on Earltown's Quaker Ridge Planned Unit Development aye¢ necepted n►ul docrned complete by the Queensbury 'Town Board on July 28, 11187, and tV t l i:It I,AS�. n l'trblic [learnt;. wps held.: SepteErrber 2, 1987, iR accordance with the State I;nvirotiinentnl tltrnl ty it.eview Ac,t and Article 15 of the 'Town of Queensbury Zoning Ordinance for tine purpose of ebtaitring pt biic ,eoiament on the DRIS and�'Earltown's application under At"ticle 15 of the 'rowo of Queensba'ry honing Ordinance, and W I 1 lS!t t;AS, a Supplement._,to lire Draft ,Environmental Impaet Statement was accepted by the 'l'o^:n of RuecasbUry on April 26, 1988, and IVll1A(l`AS, t) Public ilearing was held on May 16, 1988, in accordance with the State isnvirvnrnentnt duality ll'oview Act and Article la of the 'Town of.Queensbury Zoning Ordinance for the prnpose of obtaining conrrnent on Supplement to the DEIS and` Earltown's application under /lrticle lei of tiee 'Town of Queensbury Zoning Ordinance, and IVIIEREAS, the 'Town of tjtte..ensbury Planning Board approved a resolution on July 13, 1188 which recommended the creation of a Planned Unit Development Zone and issued a Llfavornbie report to the Tow Board ()it tite (Rinker Itidge Planned Unit Development, and WII VAEAS, ,the Warren :C<ornrty tlanning Board recomm nded.approval of the creation of n #'hipped Unit Development by Quaker,Iticige on August 16,`INO, and IVIIl.itt�.AS, a Phlot ;nviroit►ueatni lutpact.414ktement on Eaarltown's Quaker Ridge 'Pinnned Unit Develp l)meat was accepted. try„lice. 'Town ;of: Q+leen,�t�ury Town Board on September 8, 1988, ltcs,()ittiion lit). 367 (190) p'ursun,tit to tl►e 'requ'irements of`the” Now York State Environmental Gltrrrlity Iteview Act, and l " °4V I IIdt1iAS, a Notice of c'6mpletioj . of tile nvirdhinent l jtnpact Statement was Final 13 txloptecl by Cite 'Gown of G,tueensbtiry '['own Board on'Septettber., 1t38, pursuant to the requirements of the Stato linviron III etxtnl Quality $evievi Act, and. a Will.RliAS, spiral Notice of C�triplettoh of the final sEnOrogl ecttal Impact,,St Statement : attcl' fiintil°lirtviro'i_i tcrttnl;.lnrpmet Stoteiubnt doppmj. nt were'filed in accordance with the New York Stntc`i nvironinentnt Quality iteview-Act, and , ,w Will-AtE.AS, New Yoik .S, me Environmental Quality A_Meview A' , ' rt i�t require lltt� `own or, Ghrvrt ixrtt;y as t:erid Agency, to make a written Find�n t �tha4�xirementi crf Co N l't tt'tt 617 i»>vr. hcrri rrre t. ri�rd't�onsistent,with certaltf_criteria axua �fk ifi measurers disr~lose l" hx rile I.1S process have t;ebii imposed as project cotidl#ions as.w " ;as tlxe facts and c01101.1siotis r�clied upon by tine Town lionrd, and "V A'V tl EREAS, the Town of- Qiiecrxsbury Town Board, as Least' A etloy,.ts re9"b*e0.tP prep x - A-written stnten►ent (A facts '�irtii conclusions relied-In doettmet is s.41 tom: It decisions a Alldientint; the socint, eco►ioir►ic nerd other factors arxd stafxdards wlxich to the basis of its } . decision, nncl WIli.ltl AS, tixe 'Town -of Queensbury Town Board has reviewed, the!;atttt4"d, required 1111ding Stateiiient'°and boiieves it to'comply with the New York state `Eshtt ronmental Quality Ile "Ac.-t 1,nw and Megtrltxtions, rurcl 4VIIi.1ti:AS, the Town of Queensbury Town Board has review44 the iregt fired Findings Of (`rifts nncl believes it to accurntely describe the environmental review process herein, NOW,' '1'lllilt POMJ .BE 1'1' 111",9 tmiU, that the Town of Queensbury Town Board,- as Lead Agency �'or,Quaker Midge i'1�lrinecY Thlit llevelopment, Hereby approves and adopts the •at°taclxed Findings Statement prtrsunnt to ti NYGMIt 61:7.9, and it is further ltl.80 VED, that copias of sueli Findings Statement shall be'served ithd tilediln,accordance with the applicable New York Rtnto I.nvironntental }i�n'lttyr �R*W*W Aot`A . -Regulations and t.hnt the% 'town of quectishnry Town ltonrd, as Lead Agency, shall retain g .copy in a file Which is readily acc e."Ible toe pllblir in�Exection. llrtiy adopted by the, fAlowing vote; ; Ayes: firs. potenzn. Mr. Molitesi, Mr.-Horgos Noes:. Mrs. Moixnh:►u Ah.,ient: Rir•. Kurosrttcn (Text of Finding Stnte+nerrt to be found tit the end of Minute Book) lit tN,t1'1'it)N KN'AC-TINt; QU`RKim ltit)t,1 1'LANNIF0 UNIT DEVELOPMENT `RKSOLU-nON NO. 4,14 ltitroduced by Mr. Ronald Montesi who moved for its adoption, seconded y Marilyn 1 oten7n. (Entire itesolution to be found on Duly nclopted by the following vole: Ayes: Mrs. Potenzii, 'Mr. Montesi, Air. ilorgos Noes: Mrs. Monnirnn Absent: Mr. lturosnkn (Corntitent ltinde berot c vote) Cotrneilmrut 'llotenza-•1 have it cxiti►iuet►t to snake, approving the Quaker Midge planned Unit DevelcTrr►ent is n culininntihn of it tremendous' amount of time, effort,"ieiearch and public input. Input given to its at public forums, given to me at restaurants with my roily, at my bu�itxrse, nt Iny cir(tt•etr, "Deihl nffnirs, shopping 'phone ealts some as late as mifdnigiit new nrtrtic irirhidilig letters to llie 'eclitor, personnel letters sent to my home solxte With threats ntid loalcittl; at l�roples `faces ns 1 itr►st tlirrri on the street. Any yet common sense Is one thing lil�rl ! ilrttc' i►c•iri c,t µ, t tl, t "1 ,nr, t,f,rt 1'1,01„ . u, i t'drif;I,f• +I Ihr• ► j �rn,l,t ir,rutll t, v tcnv►t r•.� „ t i„ �„c I : } i O 1110 c�ort front r.rlclt exitet•L lc'stif in r my it/,i r V, itnrl;/'�i 15!;llt`, i( ' r}►c i;nvinorrtttr`ittr►1 l)esigrr 1'orincrshi Y f"Q1 i,lthor:C arrd- it h,t�; 1, O*Iocted by family, p• 'Phis hrts been o'rtvn•r,n►rrc't#MliSi ! lrrtvr+ liar ffl c thcl trt Y► !t has effected by Y is>wn. t;ern,� i ,effected not agreed dnwithtfior a effect rullc,t►{.' c)thr±r thin ,s, ►r i+rr�►rclhcl unr•row minded, trr©tic�y hungry, {c,t-.,., Sr.ttitt r.tn�,tic)ttS aside 1 think t' 111 60Y to tw of th{ ►f•1,1 r►ncl rfr►ui+)g bet ,i„I<�r i;ill self serving and heartless it►.�rir I,;, Ibis Town) Ift)rrt•cl rrr)+i 1 v{)I�, (;e T7evelo r►tent "wili tre looked to scars front today wlt yes. upon as a sound decision Iil,/`r'ttI':r,r ill)t'rt)5— ' till li►r` Mfg. }(i rt,r,►lrit,t;' rtu►tttr ,. i'rll.,r'tIM.0 ► I f;ru,�l itt,f►ir"f; I uitsr, hr: 1('117,1( 11118 itsted mul mall + rt tutttrng t)nitti inthe 'Irlstoi`y c►f Thin "*Owl'Oti�C�.� �ltlirfk�It #►„I r►tt c= , t'ltrsvc� r�.I+Ir,it►c•,I rte; t rc , rtzy 1}�c`lsicrrt rl► ntr,ly,• Obtly its tills afternoon 111 dictating l nil l<t [teok.,r ,, et }i the Ir�nk at tl►e nttetnatives And wo Ic>ok► y �ll)n; fti>( / Ylr wo►►id be Sririrl I,r• + there tire no chnnge no development at onithat prcnnttvitrtl)t)rt is clisnsirc,►,,,. 1'11111 ultot., by somebody for some ut•c)vci Ihr rr we would iravc sdutely no con p ph tnn1( c ertnlnly nr) rl,r►( i ,tr►ywherrl near As 1'of ro think of tlra till,► tii •►tlru• ,lyc,•iec,(t t t rink Ir, c,�i1„ trot of what would ha " i'' jl ,� ►i,rc, 1111011iit detailed r�s the control we have ill tills I ut fc)r fire fir!urre:' ' A I !1'r►;; g bttt ,yes on this hroject front nt Y point of, view is its is<,irtl; to t>c ihr, t now we know what is going to be there w tuii ,l 1,,,` 1►r`c�tt gt)r►rrtttIerd wc, ►r�. if thr.r a are ally chatrgc front what ltAS b E have i"'►k frrrtvrfr'cI t/) »'c,'r` lt:,vl� ,t r•ecct(Irse, i feel vety comfvrtrtlt�Ie with ► l t,re" tfirollf;h Iite , been pr•ctposed and '►' 1'"`;` il,lc.. .. and I l►ol)e (lint the project gets underway ris ertainly 1' f hc•r rI �,►rl;lhinl, ei:;c� 111 rotn�� t,c•fr,rti thi.; I3c Y quickly tnrd. ( (+►n►r•il#1►Iin Atom; !i:,t, i tvi)rrirl iil;r #1 r „t•I,r�rr►fir)rt r+r►cl tires tit ',take A statement too. t watt to tharc I: c,hlif;:tlir)It• (rI)`; ri t►:t 1,►kert throttgir its I'Ut.) documents to (pact its co t IA1( ) f r)rinctt in 1 Ie:,r.. r 11r,Sf'.ic�ttce cti5tci;nr•d the environntentAl Aritown for r,llri Ihr roll►;►<'t tl, f t ttuuttlly rhilil< Ih;,l rr.ndit,, r't :y nc)t (ut fl tt if► Ibis cornrntrrtity for many generations to come. l frankly intpnct on this tend � rt ic►1 <�f .(},1• ,liff.,r, nt: informatint) Oil tine elivirortmenton copse uertr. tt r' ltc► in r,tt tr)ctt•a:•`v ,,riili Y tl`:rily f„r. ► r <"> • W'tr.#n circle thnt it mrty be trr q es when . l rl►� fitlt ifr,l)r►,•i 1►f clnii,f; r.hr.:, cr'atiotIs before we '+►rl,r'i�vi•:c,t1 iicrr�•oS 17p ,r)-c. I Or, n,r,l 1611 Ilse ttte�rtE►tt; runs rtrlir,,,r►,c•ri ff 1 i it.•r f.r,,•i frtti , •, ti ltl,ltlitic!rl, � i lr.t►lr•r•11 ftl. (rUlll;lll•f LlI r E 6k i i ji ii i i� } I s y