1987-04-29 SP SPECIAL TOWN BOARD MEETING
APRIL 29, 1987
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN
TOWN BOARD MEMBERS
Mrs. Frances Walter-Supervisor
Mr. George Kurosaka-Councilman
Mr. Stephen Borgos-Councilman
Mr. Ronald Montesi-Councilman
Mrs. Betty Monahan-Councilman
Mr. Wilson Mathias-Town Counsel
MEETING OPENED 7:36 P.M.
PUBLIC HEARING
7:36 P.M. NOTICE SHOWN-PROPOSED LOCAL LAW STAY FILING
SUPERVISOR WALTER-The purpose of tonights meeting is to hold a Public Hearing
on a proposed Local Law which would stay any filings of applications for approval
of Major Subdivisions and or site plan review for the Town of Queensbury is excess
of four dwelling units.
(Proposed Local Law)
SECTION 1. Legislative Intent. It is the purpose of this Local Law to conserve and
protect the public health, safety and general welfare by staying the filing and/or consideratiofi'"`
by operation of law of approval for major subdivision and/or site plan review in excess
of four units for a period of 180 days. It is recognized that this interim legislation
is temporary only and that during its pendency the Town of Queensbury shall revise
and update the comprehensive or master plan for the Town. The Town Board notes
the rapid growth and expansion of residential development in the Town since June
11, 1982, the effective date of the existing Zoning Ordinance.
SECTION 2. Authority. This Local Law is enacted pursuant to Section 10 of the Municipal
Home Rule Law of the State of New York.
SECTION 3. Prohibitions. No person shall file or cause to be filed, within 180 days
after the effective date hereof, an application or applications for approval for major
subdivision or site plan review in excess of four dwelling units. Any such application
filed in violation of this section shall be void. No approval by operation of law shall
result by the filing of an application in violation of this section. This provision shall
not be waived.
SECTION 4. Exceptions. This Local Law shall not apply to or affect applications
for approval for Planned Unit Development, major subdivision, or site plan review
in excess of four dwelling units where such applications have been filed with the appropriate
Town Official prior to the effective date of this Local Law.
SECTION 5. Effective Date. This Local Law shall take effect immediately.
...Asked for public input...
BILL MORTON-9 Meadow Drive-I am here representing the Queensbury Association-The
Queensbury Association wishes to go on record as fully supporting the moratorium
on new applications for development in Queensbury for the following reasons: A.
Under the existing ordinance development is rapidly proceeding in a manner in which
a recent survey conducted by the Town Planner reveals, is inconsistent with the vision
that a majority of Town Residents have for Queensbury. Under current Zoning the
type,location,density and timing of development is likely to result in higher taxes for
most Queensbury Taxpayers. Most of the development occurring in Queensbury is
in the housing sector and it is readily acknowledged that housing does not pay its way
in terms of services required. Industrial development and synchronization with housing
starts as the principal way of suppressing tax increases in a developing community.
Housing should be phased in with industrial development, this is not occurring under
the existing zoning ordinance. The quality of life in Queensbury is very much conditioned
on the natural and visual resources of our community. The existing Zoning Ordinance
does not contain the provisions necessary to sustain and perpetrate the quality of life
of our community. Clearly if we are going to sustain and perpetrate the quality of
life into the future and if we are going to prevent the Town and School taxes from
increasing, the growth and development in Queensbury is to proceed in accord with
the public interest as reflected in the survey the residents must have an updated plan
for growth and development in Queensbury. Among other things this plan must set
forth goals which represent the future of majority of residents envisioned for Queensbury.
Lets use a variety of tools such as regulatory land use and capital investments to insure
that the type, location, density and quality and timing of the development is consistent
with established goals. Cooperation planned together with instruments of implementation
will require a substantial commitment of community resources, resources which in
growing to the rapid pace of development in Queensbury has been almost committed
to entirely to project review. In order to free community resources so that a plan
can be prepared in an orderly and timely manner a moratorium on new development
applications makes a great deal of sense. The Queensbury Association supports this
course of action, we are however concerned with a rush of applications for subdivision
approvals from developers who might want to beat any dead lines for the start of the
moratorium. This may have the effect of rendering the moratorium ineffective which
could lead to further erosion of the quality of life in Queensbury and higher taxes for
all, the patterns of development which run counter to what the Queensbury Citizens
want. To overcome this we suggest the moratorium be structured to prevent review
of all projects that have not yet reached conceptual approval. We should not delude
ourselves in thinking a moratorium on new applications will be all effective unless
strict provisions are structured into the moratorium. I feel our suggestion of not accepting
for review any projects which have not reached conceptual approval is a minimal condition.
You may recall that the communities of Bolton, Hague, Lake George and Putnam all
established moratorium which halted review on all project applications which had not
reached final approval. This moratorium extended for as long as a year in some communities.
By comparison our suggestion is a modest one and we urge the Town Board to impose
a moratorium immediately.
GLEN GREGORY-Luzerne Road-The Town Board knows for the past couple of years
I have had plans for a small development of eleven homes on my property. In the past
six months I have had a lawyer, surveyor working on this project, I have tied up at
this time a little more than ten thousand dollars in the project just in lawyers and
surveyors. My situation is as you know I have been talking for about a year now, about
putting in a mobile home court a senior citizen court for the elderly, eleven units and
I put a lot of money and time, better then half of my last years wages have gone into
this project already. My lawyer is working on it and I feel that this moratorium or
stay is going to hurt me and small individual landowners. I have to have this to make
a living I am on disability it is gong to hurt real bad and I hope that I do not have to
go through this moratorium in my project.
MRS. MARGARET BURRELL-Lynnfield Drive- I certainly cannot add anything of
what Mr. Morton said but I think we all feel that there has been a kind of pressure,
a kind of epidemic of applications for quite extensive developments and we all need
the opportunity which a moratorium would give us to stand back and assess more fairly
and more level headedly the situation as it pertains to orderly growth in Queensbury.
SUPERVISOR WALTER-Requested that the letteifthat were received by the Board
be read into the minutes:
LTR.
54 Wincrest Drive
Glens Falls, New York 12801
April 29, 1987
To the Members of the Queensbury Town Board,
As a
resident of Queensbury with an active interest in its growth and development I urge
the Queensbury Town Board to establish a moratorium on applications for new residential
subdivisions in Queensbury. I would suggest the moratorium be of sufficient period
of time to permit the Town Planner Stuart Mesinger to develop a master plan for growth
in the community - a plan which would address such issues as density, traffic, sewage,refuse,
water,school population, fire and police protection, recreation, and green areas.
I am not suggesting halting growth in Queensbury but rather developing a plan
to enable Queensbury to continue to be a community that it citizens are proud to call
home and a plan that has evolved in a pleasing and orderly manner, prepared to face
the future.
�4�1
Sincerely,
/s/
Bunny Bitner
LTR.
Box 81 Star Route
Glens Falls, N.Y. 12801
April 28, 1987
To: Betty Monahan
Queensbury Town Board
This is to register my approval of the suggested moratorium on further developments
- to allow for revision of the Zoning and related legislation, as well as the formulation
of a Master Plan for the Town.
Sincerely,
/s/
Dorothy M. Burnham
LTR.
April 27, 1987
Darleen Dougher, Town Clerk
Queensbury Office Building
Bay Road
Glens Falls, New York 12801
Dear Ms. Dougher:
I would like to register my vote for a least a six months moratorium of all development
in Queensbury.
We are outgrowing all facilities and growing without any real plans or a look into the
future. Continuing as we are will not only increase the tax rate due to the need for
more services but Queensbury will no longer be a good place to live.
Sincerely yours,
/s/
Katharine E. Cornwell (Mrs. Kirkham R.)
LTR.
April 27, 1987
Dear Ms. Dougher
I am writing in regard to the proposed moratorium on development in the Town
of Queensbury.
Because of a previous commitment, I am unable to attend the hearing on Wednesday,
April 29. However, I would like to register my support for such a moratorium and urge
the serious consideration of the Town Board in favor of the proposal.
Living on Ashley Place, I am well aware of the increased traffic pattern past
my home, including heavy trucks. I do not look forward to the further development
in progress in the Dixon Road area.
1` To prevent further deterioration of the quality of life in Queensbury as well
r as a further strain on the various town services expected as a result of development,
I can only see the value of a pause in this frenzied activity and the development of
a long range plan to the advantage of present as well as future residents.
c
1i Please consider the cause to pause, rather than jumping from crisis to crisis.
Sincerely,
/s/
Elizabeth A. Hodgson
LTR.
April 29, 1987
Atn:: Qby. Town Bd Members
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Having worked on the original development of the Land Use Plan for the Town and
understanding the background of the problem, I encourage you to put the 6 month moratorium
for new subdivision applications in the Town into effect.
This moratorium will not affect development of the score of already approved building
lots.
This moratorium will give the Town Planner a chance to do the job he was hired to
do the job we need done. We are not talking a vast amount of time here.
Susan C. Goetz
Qby. Zoning Bd. of Appeals Member _
19 Wincrest Drive
Glens Falls, N.Y. 12801
COUNCILMAN BORGOS-I am amazed at how few people are here on this fairly critical
issue? We are having a public hearing to get the feeling of the public only two people
have commented. I certainly would like to know what the rest of the people feel even
if it is only the comment I like it or I do not like it. If we hear only that you are in
favor of it and no one speaks the other way...I do not know if we have heard from enough
people...
MR. JOHN HODGKINS-Wilson Street-Glens Falls-I am in support of the moratorium
I think there are a few questions that have not been answered, what is going to happen
to our taxes, every article that I see in the paper there is nothing mentioned, are taxes
going to go up, taxes going down, another thing is that we are looking at the water
shed in quite a few of these areas, especially across the Quaker Road. Right now,
there is water problems thourghout the Town of Queensbury, we are talking about
a major development, I do not know if they will be affected this could cause some
major troubles, I would like those questions addressed. We have addressed the road
problems a number of areas of concern, the school district also looking at an enlargement.
I think we need to set back and ask the question we do request that people put up for
the environmental issues maybe we also should have the financial issues how is it going
going to affect the people who already live here not the people who live here in the
future.
SUPERVISOR WALTER-We do have one study that is now going on, we have retained
Kestner Engineers of Troy, N.Y. to take a look at our water supply, we have just sold
water to another community there are other communities that look like they wish
to buy water from us and yet we want to be able to provide water for all of the residents
of Queensbury that wish to be on the supply. That study is ongoing and we do not have
the results of that yet. If the Board acts to have a moratorium that will give us time
to have the results of that study come in to us, that will be part of the decision in
the overall master plan.
COUNCILMAN MONTESI-...on the water committee it is interesting to note we have
five million gallons a day capacity, it is good quality water it will meet or exceed
the standards of the State of New York will impose over the next few years, other
communities that surround us will not be able to meet those standards. The Town
Board early in our terms mandated that anyone that come in with subdivision within
2000 feet of the water district had to hook up with water...we also asked Thomas Flaherty
to do a study...we can pump 15 million gallons but only filter five million gallons all
we need is the next modular unit to filter the next five million gallons it is been designed
that way...the previous Town Board built a water tower up on West Mountain and concern
we have now is with two major subdivision or PUD's will we need another tank..?
MR. JOHN HODGKINS-Is there any consideration being given to the displaced water,
run-off...
SUPERVISOR WALTER-One of the reasons that we have a problem is that years ago,
we did not really take a good look at the drainage situations in the Town, a lot of the
drainage that was presented to the various boards in the Town for subdivisions drained
on the next property, we have been seeing that it has become a magnified problem
in the Town as the developments began to back onto each other. Our Planning Board
has been taking a long hard look at drainage that is fairly recent, in answer to your
question of drainage most developers in the room tonight would verify that when they
submit their plans to the Town drainage is one of the items that will be given a very
good look at. There are a lot of problems that occur now because of what has happened
in the past and we are trying to do the best we can to correct those situations or make
sure that they do not happen again.
1 ,�3
COUNCILMAN KUROSAKA-The changes in our subdivision regulations have addressed
these problems.
SUPERVISOR WALTER-In submitting a sketch plan now the developer has to have
a drainage plan that was prepared by a professional engineer.
COUNCILMAN MONTESI-When a developer presents a drainage plan by an engineer,
he is presenting it to lay people, I am a layman in terms of engineering most of the
people on my planning board are lay people dedicated but they are not all engineers.
We have had to go one step further and tell the developer that we are going to have
to hire an engineer to review what is submitted to make sure it will work.
COUNCILMAN MONAHAN-They also have to file an environmental impact statement
— and we have to hire an engineer to check their results.
MR. MIKE CARUSONE-Sunnyside-The question that I want to ask we are going to
have a six month moratorium at some point in time, that the law says that your requirements
as a Board to adhere to the law is it absolute, do we come to the end of the six months
and say we need six months more in time or are you assuring the people of the community
that six months is the time that you are going to need?
SUPERVISOR WALTER-The law says 180 days and this was one concern in March when
I wrote a letter to the Board asking them to consider such a moratorium, that was
a concern...the question was what can we do in six months and is six months enough
time. We laid that on our Town Planner who will have a major role, we intend in order
to get this done in six months to hire summer interns that are in planning programs,
we have already put together a request for proposals for them to do some of the work,
to look for consultants to do some of the work that we cannot do in house. Our Planner
has put together a schedule it is an ambitious one that he completes the task in six
months. At this time we are looking at a six month completion of what we feel we
want to get done in order to go on with the building process.
MR. MIKE CARUSONE-What if you forestall application for 180 days and all of a sudden
the 181st. day you have 34 people standing at your door you may not have solved the
problem as much as you may think that you have solved the problem. The question
is during the 180 days what takes place and what input do the rest of us have in what
is going on for that period? If you need a little time to sit back and look at the problem
and decide what it is and determine a solution 180 days does not sound like a very long
time. Who is going to make this miracle take place in 180 days so you do not have
an equally big problem at the end of the period? Who is going to do this and who will
fund this?
SUPERVISOR WALTER-We have budgeted certain monies that we have used in the
Planning process, I think that we will be using some of those monies to defray the
costs. Who is going to do it? It will go through a review process, the Planning Board
of the Community is going to have a big input as to the Zoning they are the people
that are working with it. They know where the problems are, we have staff people
now in Planning and I think basically the Town Board will be involved in the Zoning
changes. As far as the changes in the Subdivision Regulations that will all be public,
and I am sure there will be ample opportunity for public input.
MR. MIKE CARUSONE-Do you as a group have you looked into the possible economic
ramifications to the community during that time in regard to potential job loss.
SUPERVISOR WALTER-I do not see, in my letter I indicated that I felt that in looking
over the amount of approved lots in the Town of Rueensbury, there is currently 1230
lots in front of the Planning Board exclusive of the three PUD's. The PUD's add another
2700 lots there are approximately 200 units approved without roads or intra-structure
and 900 lots in approved subdivisions that are already to build. I do not think that
any of the trends will be hurt, I think everybody will be kept busy. In looking over
a time schedule my thought was that if we had a moratorium now for six months any
developer who wishes to be in the construction phases this season would be well along
in his planning process and would not at this time be coming in with a new subdivision
application. Anything that is already in the mill is going to go forward for approval.
Hopefully we will accomplish this in the time that we have allowed and you will be
ready to line up in front of the Planning Board again with future projects to be ready
for the next construction season. With the inventory already and with the timing on
this it should not put anyone out of a job.
MR. MIKE CARUSONE-I have a little bit of background in planning and a lot of studies
have been made and I wonder if anyone has taken an opportunity to inventory all the
1.44
material that is out there sitting on the shelves collecting dust? I know one time I
got so tired of counting the pages I just weighted them all when I was Chairman of
the County Planning Board we did a lot of studies on drainage nothing was acted on.
It was recommended as long ago 15-18 years ago that a major drainage be done throughout
the whole County and Queensbury was one of the major areas, we had a terrible worry
about the condition of Halfway Brook that it was being clogged up and it should be
taken into consideration to straighten out and get rid of a lot of friction loss and all
the other things that the terrible hundred year floods could cause. Its the recommendation
to the Planning Board and you people, as you know we balked at little at the 70,000
dollars expenditure at Bedford Close for drainage that the Town thought I should do,
I did it reluctantly, and I want you to know this spring we used very bit of it. All of
our customers were very happy when the huge four foot drain in Bedford Close as full
of water and was not going through people's yards. I want to reverse myself and complement
you. Again where is it going ours goes into the River. If six months is the time and
we can guarantee here and worry about the quality of life and the subdividers and
planners and those of us that put in these things do not pay for any of this, as you know
the consumer always pays, the consumer by the way is the person who votes you in
office and pays the taxes. In a capitalistic society it is always good to put things in
perspective. We would like to know what is going to happen in the six months, I know
we have a few dollars, maybe this is a good time to do an all out a heavy duty study
and get the thing over with once and for all at least through the turn of the century
which is only thirteen years from now.
TOWN COUNSEL-If the Board did not act on this, in order to extend the period of
time the Board would have to enact another Local Law...it seems to me the Court
might ask to take a look at communities to see if there is progress or if this was a
tactic to stop any kind of development so...if there is a request for a longer time period
that would have to be enacted through local law.
MR. PETER CARTIER-Ridge Road-Six months is not a long period of time I would
encourage the Board to take the necessary time to do the job properly...
MS. LYNN POTENZA-7 Moorwood Drive-Realistate Broker-A large percentage of
my business is in the Town of Queensbury. The six month moratorium or stay is an
excellent idea and I think we need it, I think we need the breathing time and I am all
for it.
COUNCILMAN MONTESI-There is one thought that should be encouraging is the timing
of this, as Mrs. Walter has pointed out, itwill lead us from today, six months will lead
us into October, this is an election year, come October or November the Board who
is sitting here will be asking for your vote and we will have to show progress on what
is being done on the moratorium ... we are vulnerable and we are accountable to your
questions. As the Planning Board and Stuart present changes in the ordinances or changes
in the rules of subdivision regulations they will be brought forth in some cases piece
meal because it would be horrendous to try and put it all in one public hearing. Those
issues will be here for the public to answer to address and the changes made and that
should be done in an orderly process which would take place at the latter end of the
moratorium.
MS. KAREN BODENWEISER-24 Lake George Road-My first question is the current
plan for Hiland Park, Earltown Development, West Mountain and Round Pond which
I understand went into today, will these development proposals be affected by this
moratorium if passed?
SUPERVISOR WALTER-The first three that you mentioned which are PUD's I don't
know if the application that was filed today was complete or will be approved as conceptual?
That one could be affected the other ones would not because they have already been
through the process.
MS. KAREN BODENWEISER-The next question is, if we do a rezoning as part of the
master plan and there is a rezoning done by the Planning Board is it then the zoning
law that has been in effect since 1982 through today that will be in effect for those
three developments?
SUPERVISOR WALTER-A PUD concept is that we will in going through the process
to rezone that property for multi-use that in itself is a rezoning. When a developer
comes in with a Planned Unit Development he is putting in the unit all sorts of uses
that are not necessarily allowed in that zone in coming in with a Planned Unit Development
he says this is my plan all of these things interact together and it is up to the Town
Board to say whether they wish to rezone that property as a Planned Unit Development
to allow mixed uses in this PUD zone.
ins
MS. KAREN BODENWEISER-For those three developments that has been done?
SUPERVISOR WALTER-No we are in the process of doing that.
MS. KAREN BODENWEISER-In response to Mr. Borgos statement about not many
people being here, I believe, I have taken a look very briefly at Mr. Mesinger's survey
that was done several months back. I understand that was of 2000 Queensbury residents.
I am aware that not all 2000 people responded but apparently there was enough of
a response for Mr. Mesinger to feel that it was valid to publicize the results. They
are not all here tonight, but from my understanding of the study 93% of the people
responding favored preserving agricultural land in Queensbury and 81% favored protection
of wetlands and 97% favored protection of forested areas. The majority of the responding
residents favored moderate growth in housing slow or no growth of retail outlets and
we are not in favor of construction of additional shopping plazas. My concern is I
am hoping that the people of this Town are really being represented appropriately
by their elected officials. Maybe it is time to do another study more publicized or
a larger sample of the Town's people. There is obvious concern here and the desires
are quite clear here of the people in the Town that responded. They are not interested
in a lot of heavy growth in this area.
SUPERVISOR WALTER-That is one of the reasons that we will be taking a look at
the zoning. If a person owns a piece of property that is currently zoned commercial
if he passes the review process through the Planning Board that he has proper drainage,
the things that the Planning Board wishes to ask him to have, as far as that project,
he is allowed to build his commercial building there, because that is the zone for it.
You cannot let him do that unless it does not meet the other criteria. In the study
that Mr. Mesinger did will really give us a handle on perhaps a rezoning of larger areas
rural areas that kind of thing, that we do not have now. That is one of the purposes
of the survey.
MS. KAREN BODENWEISER-How does this group respond to the input, I almost hear
you saying that because there are only forty or fifty people here we can't take what
you have to say as serious because you are not fully represented of the rest of our
constituents is that...?
COUNCILMAN BORGOS-I have not had more than two and six letters.
— COUNCILMAN MONTESI-I have had nineteen calls and they were all in favor of the
stay. We are getting good input...return was pretty good the survey 20% is a good
number to work with on a random sample. The master plan was done four or five years
ago by the Planning Board we all knew it would have to be done again because things
are changing it is not cast in concrete. These updatings may not take us through the
end of the century we may have to do some more revising. We have to address some
issues, the City of Glens Falls is going to sell some water shed property, no one ever
thought that would happen what are the alternatives for our town, buy it? But the
guy that owns the land has a right too, the people that look there and see the view
are they willing to bear the burden of buying that at a fair market value so they can
maintain that view? That may be a very important thing. In some cases people in
Queensbury are telling us they wouldn't mind doing that. How do we treat our neighbor
who is involved in a landfill with us who hopefully will buy water so that the water
shed property instead of being sold off might be combined with the City and Town
into a passive recreation area so it would be forever wild. That does not happen today
or tomorrow, it takes some negotiations and maybe it takes a firm hand on our part
that we will rezone the whole thing to forty-two acres per dwelling. That would render
it relatively not saleable...hopefully we are on top of that, we need some time to look
at that, that is what this moratorium is trying to say.
MS. KAREN BODENWEISER-I would like to go on record as saying I am in agreement
with taking the long view. The things that we do this year and the next few years,
you can't undo a development and put the trees back and have the water shed as it
j was it is something that everyone should consider.
MRS. DOROTHY HULL-West Mountain Road-Just 29 years ago we came to live on
the West Mountain Road on property that has belonged to the family since 1790. I
have protected that property I have tried to make it park like and beautiful. There
are developments all around us, Bedford Close, West Mountain, and now Mr. Passarelli
125 units in off the Luzerne Road, we are surrounded. There is another development
off Pitcher Road, Ambershire. Noted that Mr. Passarelli's development backs up to
her property...their surveyors have come in several acres on our land and cut trees
and put their survey marks, our property line goes through Clendon Brook...The surveyors
went to the top of our hill 500 feet on to our property drew their line and cut their
site and put in stakes, can you see how we felt.
SUPERVISOR WALTER-You have a recourse and no one has a right to do that to someone's
elses property.
MRS. DOROTHY HULL-Twenty-nine years ago we could walk up and down the road
and it was private. I will say that the developments around us a beautiful and they
are to be complemented but also when someone comes in here from Long Island Mr.
Passarelli comes in and goes down my ravine and they do what they are going to do,
is this guy going to come in here and think who is going to know we will just fill this
in and build on this, it is serious. In twenty-one years what we can see that has grown
around us ...we are amazed at all the houses, everwhere you go its houses. There is
no more room in Queensbury...
MRS. ELIZABETH VALENTE-60 Sweet Road- I empathize with the various boards
that I am very familiar with as I am a builder and developer in the Town. The only
reason that I cannot give my whole hearted approval on this moratorium is that six ---�
months always tends to go into a year, that historically been the case. I am looking
at a piece of land right now that I wanted an answer on a zoning, I did not want a site
plan you are slamming the door shut on me but that is not important. I do think you
are being fair to the developers with the concept that as long as they have their papers
in you are not slamming the door on them mid-stream because it is a really big investment
to get in front of you conceptually, between the engineering and all. I guess my major
comment here is more directed to the people in the audience who are mostly homeowners
and are not in this business. I find it curious that you are sitting in a room of builders
and developers who are not standing here kicking up a fuss about this moratorium.
We are usually considered the villains in the scenario and we are not, most of us do
live here no, whether we are transplants or not. We are interested in the betterment
of the Town. I personally feel you do have some zoning problems since I have had
a problem on my own street most recently with an approval that I think personally
does not belong there at all. Constitutionally that woman has a right to put her building
there whether I like it or not. I just want to point something out. The Planning Board
is really rough, you have besides them over looking everything you are doing, you have
environmental conservation, you have the DEC, ENCON over looking you. The big
three, as I call them, are in wetlands they are going to have to deal with an awful
lot of things. No one is going to tell them to go ahead and build your units. As far
as how many available lots are in this Town, sure we have a lot of available lots and
sure we have a lot proposed. I have conceptual approval for 250 townhouse units that
are going to be built over ten years, if the economy and the market place permits.
Just keep this in mind, you could have 9,000 lots approved in this Town you have to
have the people to buy them and the market for them. I really wish people would not
get so shook up about these numbers. We have had a great boom I do not believe it
is going to last, I hope that I am wrong. I hope the economy is going to stay healthy.
Just because these people are going to conceptual approvals they are not stupid they
are not going speculatively throughup two thousand units and hope that they sell them.
I want to assure everybody that the developers who live here I know are going to be
looked over and gone over with a fine tooth comb and I am sure they are not going
to be looking to do anything to hurt the Town in anyway. I am really going to tell
you I do not think you are going to do this in six months.
MR. BILL MORTON-I would like to encourage the idea and as soon as the planning
process starts, early on in the process perhaps an informal session be held for the public
to allow the public to help in the scoping process of the plans and get some ideas out
onto the table.
COUNCILMAN KUROSAKA-I am willing to put a moratorium on subdivisions but when
you say site plan review of more than four units you are talking a small mini-mall
with four units or more?
COUNCILMAN MONAHAN-Some of our greatest problems have happened on small
projects. Just because you are small does not mean you do not create a problem.
I have been pushing for a moratorium for the past year because if anyone has been
involved in planning you can see what is happening to the Town of Queensbury. I have
been concerned about what has been happening to the Town of Queensbury, I agree
with Mr. Morton we have permitted urban sprawl here. We haven't been concerned
about our streams we thought we were great because we didn't allow them to blacktop
right up to the stream, frankly what has been happening around our streams, we better
get back a lot further than fifty feet, because we are just kidding ourselves that we
are helping those streams. In 1982 we adopted our new master plan, anyone involved
in Planning knows any kind of zoning is only good for five years. In Queensbury I do
not think it has been good for five years, because we have changed so fast and gown
so fast, it has become an entirely different type of community. Whether for good
or bad we all have our reservations about. We have mis-zoned a lot of areas of land,
one is the City Watershed property some others were are agricultural lands, where
we did not give the people who were trying to farm a chance to farm. I think now
it is time, maybe late, but better than never, as far as I am concerned, we face up
to the problems that have happened in this Town and we get to work on them before
it is too late. We cannot ask our Planner to do this job when he is every day faced
with new subdivision coming in that he has to go out and do the foot work on.
COUNCILMAN MONTESI-In regard to your comments on the site plan issue...Route
149 and Route 9 was an interesting corner, we had shoe outlet company that came
in a pretty log building and they became the largest volume store in the chains operation,
all over New England. It was zoned I had some input into that when I was on the Planning
Board. We did not take a step back from that now we have little site plan reviews
that have constituted a multitude of mini-malls up there. Are they good, I do not
know, are they bad, they do not look great we really over populated that corner. We
have made a tremendous grid lock problem for ourselves in terms of traffic. I think
that is why we need to have site plan included in here, because those things, will not
stop happening. We have to address that as part of the Master Plan. The only other
comment I can make is that I wish I could be more productive to my constituents and
the citizens of the Town and say, we are going to address some of the traffic problems.
I guess one of the most frustrating jobs for the last two years has been my inability
to find out how to get the County to widden Quaker Road expediently, they are working
toward it but it takes forever. If that isn't a tough job who do I talk to in the State
to get another lane on Exit 19 bridge. It is frustrating because there is no one to talk
to that gives you a definitive answer so we are working toward those. We have twenty-four
thousand dollars being spent for a study on Quaker Road when that study is done and
the engineering is ready to go we are going to need your support to through our County
Supervisors. We are going to need eight million dollars from the County to widden
Quaker Road, we are going to need your support vocally to help us get there. Thirty-three
percent of the sales tax dollars that come into our community or our county are generated
in Queensbury. All of the folks up county can benefit from those increase dollars and
have lots of nice things from it but one thing they do not have is the traffic problems
and the growth. The County owes us something, they owe us the right to have a road
that can handle that kind of traffic.
COUNCILMAN BORGOS-Would the proposed regulations apply to Mobile Homes as
well as other subdivisions, is that correct?
~- TOWN COUNSEL-WILSON MATHIAS-Yes. The intent is not to isolate single family
residential units, otherwise you have a situation where you would stop a subdivision
but let a Guy put in 150 Condos.
COUNCILMAN BORGOS-What would be the situation about phased development where
people would do a three phase operation, one has final approval, the others are just
sitting there?
TOWN COUNSEL-WILSON MATHIAS-I do not think they would be affected, they would
already have gone through site plan review and would have filed.
COUNCILMAN BORGOS-If they do not already have final approval will they already
have been through site plan review?
RICHARD ROBERTS-CHAIRMAN, PLANNING BOARD-My understanding is that even
earlier than that it would be grandfathered...
COUNCILMAN BORGOS-I agree, I just wanted to make sure that was what was written
here.
u SUPERVISOR WALTER-If a developer comes in an gets conceptual approval for a
large housing development and he is phasing it now because we have a rule that says
he has to phase it and that he cannot go into the next phase until he has completed
a percentage of the first phase so it is my interpretation that, that is in the process.
STUART MESINGER-What about the case of the subdivision which has seen sketch
plan approval but has now expired and they never did anything?
SUPERVISOR WALTER-That has expired...
COUNCILMAN BORGOS-Commercial Development, does this impact on Commercial
Development?
148
TOWN COUNSEL-This is directed toward residential units...
SUPERVISOR WALTER-If a project has been filed and it has not received anykind
of approval but is now going to change the intent of the application I have a question
as to whether in fact that should become a new application and the first one nul-and-void,
In a case where we have duplex housing and we are coming in with single family.
TOWN COUNSEL-WILSON MATHIAS-I think that each case you are going to treat
differently and take a full look at the facts...the purposes of section in here is to limit
the amount of litigation and whether someone has a vested right to have this project
or not. There is still ample room for reasonable lines to differ as to what this section
means but I think it has limited...it has included a lot of projects and it excludes a
fewer number. The ones it does exclude are individual cases.
COUNCILMAN KUROSAKA-If you are only talking residential you have answered
half of my objections.
TOWN COUNSEL-WILSON MATHIAS-This Local Law is directed at residential units.
COUNCILMAN BOROGS-I sympathize to the concern that all people in the room
have shared tonight, I love living here, I cannot think of any other place I would want
to live. I have lived within ten miles of this spot for almost forty years. I think that
the rush in development in the past two or three years is primarily due to the change
in the economy I think a lot of that was a pent up demand, pent up thoughts from the
past several years when economics were in proper condition. When financing was available
when interest rates were out of sight. When a lot of things were not where they are
at the moment that could change tomorrow. A great deal of the growth we have had,
has been positive as I have driven through some of the subdivisions, Mrs. Hall indicated
Bedford Close, Northwest Village, very beautiful pretty areas, the area of Fox Farm
Road, Fox Hollow, lovely Mrs. Valente's project very pretty. We do have open space
provisions in our zoning rules and regulations at the present time we have been doing
a great deal in the area of recreation. A fire protection study is about to begin hopefully
when we are finished with this tonight there is a resolution we will be looking seriously
at the fire protection of the Town. Many concerns of runoff and water retention and
so forth, have already been addressed and continue to be addressed and I think that
the Planning Board is doing a super job in that area. The biggest thing that concerns
me in this whole issue is the fairness issue and I am concerned about the people who
have purchased some land with a particular thought in mind. People such as Mr. Gregory
who in the final analysis may be out voted by a majority situation. I am concerned
about people who have purchased a piece of property zoned a particular way and have
been working on the plans and are already to come in tomorrow morning or next week
and all of a sudden they cannot. Maybe they borrowed thirty thousand dollars to sixty
thousand dollars and they have to pay it back, anticipating that they will be selling
those things in September and all of a sudden that is not going to happen, they may
never get the money back that is a concern. I am trying to think of a fair way to handle
this. Stuart will go out and do the best job he can within six months, he is very good
and we generally agree with most of what he does and he will have some help, can
he do it, I do not know how much help he will need. It was mentioned that most of
the developers at least the large developers who have anything planned for the next
six months probably have submitted, I would guess that is probably true. If that is
true and if we do not anticipate any more major submissions within the next month
or so I personally would feel much more comfortable and much more fair about the
whole thing if we were to say lets have a moratorium but lets not have it begin until
forty-five days from now or thirty days from now. Lets give a couple people who might
be out there an opportunity to come in and file. It does not mean that they will be
accepted it does not mean they will go through but at least it would be fair. There
would be adequate notice people would have an opportunity to say all right we want
to do this we will rush out and do it. If really nobody is going to be injured than no
one would be injured any further. It might help with the study, instead of waiting �-
as Mr. Carusone said six months from now and have one hundred people lined up at
the door maybe we will find thirty walk in, in the next month or five. The backlog -
that has been there will be here and we will know really what people have in mind.
When I walked in here tonight thinking I probably wouldn't vote in favor of a moratorium
here tonight I probably could be persuaded to go with the moratorium I would feel —
much more comfortable about it if we had a thirty or forty-five day waiting period
before it took affect.
COUNCILMAN MONTESI-Even though we are not putting a moratorium on site plan
review for commercial development that does not negate that our Planning Board
and our Town Planner will not look at rezoning some parcels of land that may be zoned
commercial and in view that there may be some changes... that will be part of the
review not only residential but commercial zones.
149
MS. PAT COLLIER-Qsby.-Stuart has to do the footwork on these things that come
in and if there were a flood of proposals coming in, in the next thirty days or forty-five
days and he had to do all of that, that is going to take time away from his working
on the master plan.
MS. KAREN BODENWEISER-Mrs. Walter when was your letter made public to the
Board?
SUPERVISOR WALTER-March 31, 1987.
MS. KAREN BODENWEISER-The point is that the builders have known for thirty days...if
someone was really going to go bankrupt because of this they would have somehow
hotfooted it in here. I have to ask the builders, is six months going to kill you, are
you going to starve because of this. I hear a lot of people saying that everything is
going to hault you are totally going to stop development forever that is not the case,
most of what is in the hopper, people are going to be fully employed... I would rather
see us take the time than make a lot of mistakes we will regret.
COUNCILMAN MONAHAN-Asked Ms. Bodenweiser to show the Board the copy of
the Capital District Business Review ... which shows the growth in Qsby.
MS. KAREN BODENWEISER-My question is in regard to the map entitled Development
Under Construction or Review in Queensbury, the question I have is does this include
all the developments approved but not under construction?
STUART MESINGER-Yes.
COUNCILMAN BORGOS-At the end of the six month period we have come up with
a new plan that would then have to go to public hearing?
SUPERVISOR WALTER-Yes
TOWN COUNSEL-WILSON MATHIAS-This does not short circuit the legislative process
in terms of adopting new regulations in zoning.
COUNCILMAN BORGOS-What are we talking about in terms of the time frame?
- TOWN COUNSEL-WILSON MATHIAS-In generally takes approximately thirty days.
SUPERVISOR WALTER-We are looking at other people, other than the Planner, the
Planning Board and interns and soils from the Soil Conservation, Historic, from Mr.
Eddy, and housing from Warren County, several of the interns will do some of the work
in graphics a lot of that has been done already at the County, a Highway analysis we
will need a consultant and the Town Planner and the Planning Board will be working
almost daily in September the final plan and revised ordinance would be in for late
October. The Master Plan and revised ordinance would be presented for a hearing
in the early fall and a final plan and revised ordinances would be adopted in late October.
STUART MESINGER-It is an ambitious schedule it is do-able. In St.Lawrence County
when the Fort Drum expansion was announced that was a project that would bring
10,00 people to Watertown. It was going to spill over into the western part of the County
we had five or six towns with no zoning or plans of any kind and they were suddenly
faced with the prospect of five hundred to a thousand people moving into mobile home
parks for construction workers. They needed plans and zoning in a hurry. We developed
a plan in six months for all six towns, this is a lot more complicated, I do not want
to minimize that. It think it is a difficult task but I do think it is do-able. Regarding
the idea of waiting thirty days, today was the dead line for May, you had to have your
applications in twenty-one days ahead of time to the Planning Board in order for time
of review. Without question there were people who called me up and wanted to beat
the dead line because they knew the moratorium was coming, we did get one very
large development on Round Pond today. My concern about extending this, I do think
people have had notice and know about it, I think if you wait the thirty days and say
come in and get them know...you are going to invite people to bring in developments
that may be questionable or not well throught out or developments in areas that may
in fact be rezoned, that is not within the intent of what we want to do. People have
known about this and those that are really concerned about beating the clock did so
today.
COUNCILMAN MONTESI-Victor Macri called me today a Member of the Planning
Board he wanted me to know that he was in favor of the moratorium...he has served
as a volunteer as the rest of the Planning Board. he has been faced with as the rest
150
of the Board shuffling papers and he really want to get involved in doing, he is at the
job and he wants to make Queensbury a good place to live he feels the only way he
can do that is through the moratorium where you can have time instead of monthly
having the shuffle through a bunch of papers, work on some plans to make it a good
place to live.
STUART MESINGER-Vic and other Board Members have said that too, they feel that
they are reviewing plans but they are not doing the more important part which is having
vision and doing planning.
COUNCILMAN MONAHAN-Mr. Morton, on time you told me you did a rough population
count of what the Town population could be under our present zoning?
MR. BILL MORTON-We did undertake a study of what the population could be under
current zoning if development was allowed to go to the maximum..we found approximately
51,255 new dwelling units, of these 4,800 would be new commercial buildings 138,400
people presently slightly over 20,000 and we estimated that there would be approximately
64,000 cars and now there are 7500 permanently in the Town.
SUPERVISOR WALTER-Asked for further input, hearing none the Public Hearing was
Closed 9:14 P.M.
I would like to make an announcement that we have a vacancy on the Planning Board...asked
for volunteers.
OPEN FORUM
SUPERVISOR WALTER-Asked for public input...hearing none the open forum was closed
9:16 P.M.
RESOLUTIONS
RESOLUTION TO RETAIN CONSULTANT
RESOLUTION NO. 132, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Stephen Borgos:
WHEREAS, the Town Board wishes to undertake a formal fire deployment analysis
to assure that modern standards of fire protection be maintained on a Town wide basis,
and
WHEREAS, the last review of fire defenses in Queensbury occurred in 1973, and
WHEREAS, growth and development throughout Queensbury has brought about major
changes indicating such a fire defense update is warranted, NOW, THEREFORE BE
IT
RESOLVED, that the Town Board retain Proper's Fire Tech Associates, Inc. (Municipal
Fire Management and Consultants) to undertake a review of fire deployment in the
Town as described in a "Request for Proposal" dated March 31, 1987 for a fee not to
exceed $5,000.00.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
COUNCILMAN BORGOS-We have not had a formal fire study since 1973. What has
been done has been totally inadequate as far as todays problems are concerned. What
was done back then was pretty much implemented and in fairly quick order. We have
sent proposals to two well recognized major consulting firms both responded quickly.
I spoke to both firms with one I spent three to three and a half hours going through
the Town. The one I have recommended happens to be the least expensive which will
make everyone happy. The person that is involved with this particular organization
has now started his own business in the last several years while he was in the state
several years go he conducted the 1973 study he is already familiar with the Town.
This will save the town time and money by having someone who already knows what
is here come in and work for us instead of having to get someone to spend half the
time just getting to know the Town. The request initially went out for a fire deployment
analysis to give us a recommendation where he feels fire stations should be, what new
apparatus should be purchased and what apparatus might be relocated from one station
to another station just recommendations. All of this was conveyed to the representatives
of all five fire companies at the meeting of the fire study committee about a week
and a half ago. All chiefs indicated that they would like the consultants to look at
possible redistricting, slight movements of boundary lines to get better protection.
Historically and traditionally that is something fire companies really do not like to
to do they do not like to give up any territory, but all these people are professional
now, they are saying if you are going to have a consultant lets get some ideas. We
won't necessarily agree with them but lets get some ideas and find out how we can
best serve the community. That is why we have the limit to up to $5,000 the proposal
came in at somewhere around thirty-six to thirty-eight thousand dollars we are comfortable
with the feeling within that five thousand we can get that additional information.
If we contact him within the next few days probably by late June early July we will
have a complete study.
COUNCILMAN MONAHAN-I want to thank Mr. Borgos for all the time and effort
he has put on this project.
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW PROVIDING
FOR ELECTRICAL INSPECTIONS WITHIN THE TOWN OF QUEENSBURY
RESOLUTION NO. 133, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury has determined to consider
the adoption of a local law requiring electrical inspections and regulating electrical
inspectors within the Town of Queensbury, and
WHEREAS, the Town Board recognizes the need to regulate the installation, alteration
or repair of electrical wiring and to provide for the licensing of persons authorized
to make electrical inspections within the Town, and
WHEREAS, the Town Board intends to revise its current ordinance and rules regarding
electrical inspectors, and
WHEREAS, the proposed local law has been prepared, a copy of which is annexed hereto,
and
WHEREAS, the proposed local law is worthy of consideration for legislative action,
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of said
local law and that said public hearing be held at 7:30 P.M. in the meeting room of
the Town of Queensbury Office Building, Bay and Haviland Road in the Town of Queensbury,
Warren County, New York on the 12th day of May 1987 at which time all persons interested
in the subject thereof will be heard, and be it further
RESOLVED, that the Town Clerk be hereby directed and authorized to publish and
provide notice of said public hearing as may be required by law.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
(Text of Local Law on file)
RESOLUTION APPROVING CONTRACTOR, APPOINTING ENGINEER AND APPROVING
SECURITY AGREEMENT FOR CONSTRUCTION AND INSTALLATIONS OF PEGGY
ANN ROAD WATER DISTRICT
RESOLUTION NO. 13 L{
. 134, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by
Mr. Ronald Montesi:
152
WHEREAS, the Town of Queensbury has entered into an agreement relating to the
establishment of a town water district dated February 10, 1987, and
WHEREAS, BGH Enterprises and Thomas J. Farone & Son, Inc., have submitted the
name of E. Galusha & Sons of Johnsburg, NY for approval as contractor for the construction
work, and
WHEREAS, BGH Enterprises and Thomas J. Farone & Son, Inc. have submitted an escrow
agreement together with funds totaling $83,641.00 as security for performance of
the construction work, and
WHEREAS, Charles H. Scudder, P.E. has heretofore prepared a map, plan and report .'
for the Peggy Ann Road Water District,
NOW, THEREFORE BE IT
RESOLVED, the Town Board hereby approves E. Galusha & Sons as designated contractor
for the construction and installation of the water main and appurtenances within the
Peggy Ann Road Water District, and be it further
RESOLVED, that the Town Supervisor is authorized to execute the annexed escrow
agreement with respect to the security for performance of the construction work,
and be it further
RESOLVED, that Charles H. Scudder, P.E. is hereby engaged to supervise the construction
work on behalf of the Town of Queensbury, for a professional fee on an hourly basis
up to $5,000.00 and be it further
RESOLVED, that Charles H. Scudder, P.E. shall have full authority to direct the methods
and materials utilized in construction and he shall, upon completion of the construction
work, certify that the work has been completed in accordance with all Town of Queensbury
Water Dept. specifications.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
i
Noes: None �-
Absent:None
RESOLUTION TO APPROVE LOCAL LAW TO STAY FILING OF APPLICATIONS FOR
APPROVAL OF MAJOR SUBDMSION AND/OR SITE PLAN REVIEW IN EXCESS OF
FOUR DWELLING UNITS
RESOLUTION NO. 135, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board proposed a local law to stay filings of applications for
approvals of major subdivision and/or site plan review in excess of four dwelling units
and
WHEREAS, the Town Board set a public hearing on April 29th 1987 at 7:30 P.M. on
such a proposal, and
WHEREAS, the public hearing was held at the specified time and place and all interested
parties were heard on the proposed Local Law, NOW, THEREFORE BE IT
RESOLVED, that the Local Law entitled A LOCAL LAW TO STAY FILING OF APPLICATIONS
FOR APPROVAL OF MAJOR SUBDIVISION AND/OR SITE PLAN REVIEW IN EXCESS _
OF FOUR DWELLING UNITS be and here by is approved.
i
I
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
LOCAL LAW NO. 31987
LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR
SUBDIVISION AND/OR SITE PLAN REVIEW IN EXCESS OF FOUR DWELLING UNITS
SECTION 1. Legislative Intent. It is the purpose of this Local Law to conserve and
protect the public health, safety and general welfare by staying the filing and/or consideration
by operation of law of approval for major subdivision and/or site plan review in excess
of our units for a period of 180 days. It is recognized that this interim legislation is
temporary only and that during its pendancy the Town of Queensbury shall revise and
update the comprehensive or master plan for the Town. The Town Board notes the
rapid growth and expansion of residential development in the Town since June 11, 1982,
the effective date of the existing Zoning Ordinance.
1 SECTION 2. Authority. This Local Law is enacted pursuant to Section 10 of the Municipal
Home Rule Law of the State of New York.
SECTION 3. Prohibitions. No person shall file or cause to be filed, within 180 days
after the effective date hereof, an application or applications for approval for major
subdivision or site plan review in excess of our dwelling units. Any such application
filed in violation of this section shall be void. No approval by operation of law shall
result by the filing of an application in violation of this section. This provision shall
not be waived.
SECTION 4. Exceptions. This local law shall not apply to or affect applications for
approval for Planned Unit Development, major subdivision, or site plan review in excess
of four dwelling units where such applications have been filed with the appropriate
Town Official prior to the effective date of this Local Law.
SECTION 5. Effective Date. This Local Law shall take effect immediately.
On motion the meeting was adjourned.
RESPECTFULLY SUBMITTED,
Darleen M. Dougher
Town Clerk
Town of Queensbury