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1986-12-09 7AI TOWN BOARD MEETING DECEMBER 9, 1986 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 7:34 P. M. PUBLIC HEARING: 7:36 P.M. PRESS: Glens Falls Post Star, WENU, WWSC GUESTS: Mr. Steves, Mr. Morton, Mr. Bowen, Mr. Stec, Mr. Cutting, Mr. Kilmartin, Mr. Rogge, Mr. Barrowman, Mr. Martin, Mr. Bigelow, Mr. Scudder TOWN OFFICIALS: Mr. Mesinger, Mr. Bodenweiser, Mr. VanDusen PUBLIC HEARING7:36 P.M. - NOTICE SHOWN SUPERVISOR WALTER-Our first Public Hearing is relative to Article 15, of the Zoning Ordinance called Planned Unit Development, (PUD) and we are proposing amendments to Article 15. BILL MORTON-Queensbury Association, 9 Meadow Drive, Our Association has looked into PUD provisions and we did notice that there does not appear reference to control management or storm water runoff. We are concerned about the lack of standards for the control of storm water runoff, in particular, with regard to the offsite impact relating to downstream flooding and protection of water quality. We would like to see incorporated into these regulations something on storm water management or if not in the regulations themselves, perhaps a backup manual or guideline document or policy document to be used by the Town Board as a reference point. COUNCILMAN BORGOS-Asked if Mr. Morton has a particular document in mind? MR. MORTON-No, it would have to be pieced together by the Board and noted that he could provide some guidance for the storm water management. MR. STEVES-Land Surveyor-I talked with Town Counsel and informed him of what I thought was an error in the code in that it doesn't address surveys anywhere at all and without a survey map by a surveyor it cannot be filed in the County Clerk's Office. TOWN COUNSEL-I don't think that provision is in there, I looked through it after my conversation with Mr. Steves. I spoke with Stuart about this and suggested that in Section 15.081. add an area map or a topographic map and make reference to a survey map prepared by a licensed surveyors. COUNCILMAN BORGOS-"b" would seem appropriate because we already got the beginning of it right there, if it is a topographic map it would have to be done by a surveyor. GARY BOWEN-Highland Drive, On page six, item 3, the rough draft of Environmental Impact Statement that would be required with the sketch plan documents, after reviewing this, it is our feeling that if the full draft document would be required prior to or at the time we develop a sketch plan that it would not give the Town Board Members and all of us an opportunity to go through the conceptual drafting of land usage and have back and forth conversations prior to a full exposure of the Environmental Impact. We would rather see all of our conceptual documents be brought into Public Hearings and then at the end of the proceeding which are J not that night but in 45 days and all the timing that goes forward, a full exposure of an Environmental Impact Statement at that time. With the sketch plan documents initially what we would propose is to deliver a schedule of the Environmental Impacts in our class of land use would bring to the Town. It would be like an audit of all the impacts as they would relate to the audit rather than a draft of the complete document. It would be casting in stone then the conceptual plan which we think is probably going to take, at least in our issue, to and fro conversations, so we feel a statement is necessary in the form of the developer talking about the agencies he has to put forward and the final draft coming at the end after our conceptual approval of our land use has been determined and we would be given the opportunity to do a complete Environmental Impact Statement on that. COUNCILMAN MONTESI-Gary you need a Public Hearing on an Impact Statement. I would presume there would be some Public Hearings on that conceptual plan and then after the public's input and that conceptual plan is somewhat finalized, then you would prepare an impact statement entirely on that plan and go to Public Hearing with that? GARY BOWEN-Yes, at the end, we don't want to short cut the process but we do want to list the audit to our class of project and different items we will have in our program. We would like to list the agencies that will have an impact and what type of studies we will be doing and do the complete impact statement. COUNCILMAN BORGOS-Asked if Mr. Bowen agreed that an Impact Statement would have to be done? MR. BOWEN-Yes, at the end. TOWN COUNSEL-In addition to any other procedural requirement for site plan reviews the Planning Board will hold not less than one Public Hearing prior to preliminary site plan approval...it is in the site plan approval process. SUPERVISOR WALTER-As far as the Comprehensive Land use plan incorporate it in Section 15.010 on the last line. TOWN COUNSEL-It was agreed that we would add it twice. SUPERVISOR WALTER-OK...could we add it to number eight (8) it would be the Comprehensive Land Use Plan of the Town Of Queensbury. TOWN COUNSEL-Noted that in 15.083 there is a requirement action on Preliminary Site Plan application, I inserted it in the second sentence COUNCILMAN MONTESI- asked Stuart Mesinger to comment on the fact that PUD ask to have property rezoned and where it should begin? STUART MESINGER-The PUD, being a rezoning, is an action under SEQRA and you have to comply with IDS requirements before you rezone the property and you can't have it done at the Site Plan Review stage as a matter of the law. The Town Board is going to have to take care of SEQRA before they grant a PUD district. You could do it at some point after the sketch plan but before final redistricting but it shouldn't be the Planning Board doing it. SUPERVISOR WALTER-The purpose of the SEQRA is an overall impact statement not on each particular phase. TOWN COUNSEL-This language provides that the Board act as the Lead Agency of SEQRA. COUNCILMAN MONAHAN-We did pick up during workshop on page six, historic sites and buildings and these need to be put in other areas to...on page one, 15011C, page 9, 5, 10 and 13 Historic sites and buildings. We increased the fee on page six from $1000.00 to $5000.00 because of the magnitude of these projects, a thousand will not cover it. SUPERVISOR WALTER-Noted that when it was discussed...if there was a review of SEQRA that the SEQRA Law took care of that because there is no limit on and review dollars under SEQRA. COUNCILMAN MONAHAN-Referred to page 3, 15.50 B, open space shall not include roadway, drainage area, residential developed areas... open space includes that area that has been deeded not capable of being developed and if it can't be included we should so state. STUART MESINGER-How do we define what is developable and what is not developable is a good question. In one of my set of comments to the Board I included some language about that and then I struck it because it is very difficult to define and I have mixed feelings about it. COUNCILMAN MONAHAN-It is something we need to consider because we have wetland, rocky soil and density, this should not come under the 15% and we should clarify this before we get too far into it. STUART MESINGER-If you were somebody with some pretty much undevelopable land, you 74 would say this part of my 15% here...you might run into a problem where you require 15% on top of that, that was developable, then you would have to ask yourself if that is reasonable or not. COUNCILMAN MONAHAN-Maybe we should run this through State Department. COUNCILMAN KUROSAKA-Where you might want to preserve a scenic vista...you might want to accept that... COUNCILMAN MONAHAN-No you can't. 15.067 where a conflict between this Article and any of the above exist, this article shall govern...do we want this Article or the most strict? TOWN COUNSEL-Yes, this one. COUNCILMAN MONAHAN-Asked for an explanation on page 5, 15.073, under density, plus a calculation of the residential density and dwelling units per gross acre including roadways vs each such area...why is that gross acre including the interior roadway? STUART MESINGER-How do we compute density? If you have a 100 acres and lets say it is zones one acre, do we start out letting that guy building a 100 units and also substract 15% of his open space and then if he wants to substract another 10% of open space and get a bonus or do you start out saying he has a hundred acres but he has to substract the 15% off the top as open space? The point is, per gross acre basically you calculate for a 100 acres and that is what he starts with that is the intent. COUNCILMAN MONAHAN-Noted that in subdivisions they have to substract the streets before they get the density and that is why I am questioning this, it is not being consistent. COUNCILMAN MONTESI-Subdivision goes by lot size not how many roadways. COUNCILMAN MONAHAN-But when he gets his density he has to subtract his roadways, that is how they arrive at their lot size after the roadway is subtracted, lots fit in after that. SUPERVISOR WALTER-Asked for further comments, hearing none the Public Hearing was declared closed. 8:01 P.M. SECOND PUBLIC HEARING-NOTICE SHOWN 8:04 P.M. SUPERVISOR WALTER- Noted that in Section 5.040 relating to application and fees for Site Plan Review Approval...language is being added in addition to the fee listed on the schedule of fees the Planning Board may charge a fee to developers of projects requiring legal and technical review provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board. This fee is not to exceed a $1000.00 with the consent of the applicant. We are trying to bring all the language in all the Sections of our Zoning Ordinance, Subdivision Regulations, Site Plan in concert with each other. COUNCILMAN BORGOS-The may is in there and that is a reasonable word, it is quite acceptable. SUPERVISOR WALTER- Asked for further comments, none were heard, the public hearing was closed. PUBLIC HEARING CLOSED: 8:05 P.M. THIRD PUBLIC HEARING-NOTICE SHOWN SUPERVISOR WALTER-This Public Hearing is relative to adding words to Section (1) (2) and (3a) Ordinance 19 in the Town of Queensbury regarding open burning in the Town. WILLIAM BODENWEISER-Fire Marshal, representing the Town of Queensbury The main thing is to eliminate the burning of paper and paper goods in cans or open containers of this type. They are not only a nuisance but they create a problem to our services, cause brush fires. In Section (3a) to clarify it, this exception is as permitted under the Environmental Conservation Law so that anything that the Environmental people wish to do in regard to their regulations as far as issuing permits for any type of burning is really their prerogative and we want that clear so we do not interfere with State Agency, this is strictly in the Town of Queensbury. GEORGE STEC-Butler Pond Road, Forest Ranger. In all fairness I would like to see all outdoor burning in the Town of Queensbury prohibited. When a town reaches a population of 20,000 there is such a law which prohibites open burning. I have requested through writing through our Department to substantiate or varify this but I have not received a reply. The Town has the power to say no outdoor burning of any kind. COUNCILMAN MONTESI-George doesn't this law effectively do that, except that if you get an environmental permit? GEORGE STEC-Noted that all the Environmental permit does is limits the material you can burn, grass, leaves, brush, wood and paper, on the ground. You put the same material in a 55 gallon drum and you don't need a burning permit, and we are finding that what people burn in their burning barrel is more then paper, brush etc. its material from the kitchen, garbage, and bathroom that goes into those barrels. COUNCILMAN BORGOS-Stated that the new law says there will no burning at all unless you issue them a permit under Environmental Law. GEORGE STEC-We don't enforce the Town Ordinances and this is a Town Law. COUNCILMAN BORGOS-Nothing would be permitted inside a barrel according to this law. COUNCILMAN KUROSAKA-It doesn't say that, it says open fire, uncontained. GEORGE STEC-Open fire is defined as any outdoor smoke producing process that emanates materials directly to the atmosphere. I issue approximately 175 to 200 permits in the Town of Queensbury a year for people to burn, grass, brush or wood on the ground. COUNCILMAN MONTESI-Our Law is saying we are not allowing anymore burning at all. The only burning we are going to allow in town is burning that you permit, you being the Forest Ranger, under the Environmental Conservation Law. We are trying to close the door on burning but we can't control your Law. GEORGE STEC-To burn grass, brush, wood on the ground I should permit...in a barrel there is nothing I can do and when they call me on an October Evening and say their neighbor is burning pampers in a barrel, I am going to refer them to the Fire Marshal. If we could justify the population and density in the Town then that would be the end of it, the law is already there. The only kind of fire they can have is a recreation fire, such campers, school bonfire, hikers etc. COUNCILMAN BORGOS-Thats' still permissible under this Ordinance. MR. CUTTING-Lake Sunnyside, I am speaking for three people tonight, myself as an individual, for the Chief of the Bay Ridge Volunteer Company, and for the President of the Bay Ridge Fire Company we hardly agree with this no burning law. We do not like being called out of bed in the middle of the night for foolish fires that have been started and left unattended. Not only that it is costing the Town a lot of money and it is also risking lives, risking equipment by eliminating all burning you are going to save us all a lot of headaches. MR. KILMARTIN-Dream Lake Road, I have gotten many permits from George Stec for burning brush and I am still clearing ground, and the expense of moving that brush to some other place in the Town or burying it, is astronomical, and I cannot afford it. As far as I am concerned the open barrel burning should be banned,I go to the dump or have somebody pick up my trash but burning brush is just out of the question, I have to burn brush there is no other way I can get rid it. I, COUNCILMAN MONTESI-That is why we left that clause in. SUPERVISOR WALTER-Asked for further comments hearing none the Public Hearing on Ordinance 19 was declared closed: —` 8:22 P.M. OLD BUSINESS SUPERVISOR WALTER-We have an application before the Queensbury Town Board who would be acting now as the Queensbury Board of Health, Town Board.(Minutes on file in Town Clerk's Office.) RECESS-8:30 P.M. REOPENED: 8:45 P.M. I i RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT-KINGSBURY WATER DISTRICT #1 RESOLUTION NO. 307, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Queensbury Water District has the capacity to produce water in amounts in excess of quantities needed to supply the district, and WHEREAS, the Queensbury taxpayers within the Queensbury Water District would be economically benefited by additional water sales, and WHEREAS, the Queensbury and Kingsbury Town Board's have agreed to terms of sale for the purchase of water by the Kingsbury Water District #1 from the Queensbury Water District, NOW,THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be hereby authorized to sign an agreement (in a form approved by the Town's Counsel) approving the sale of water. Duly adopted by the following Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Signing of the contract took place between Supervisor Walter and Mr. Nikas. OPEN FORUM RICK ROGGE-Cormus Road, referred to Town Counsel as to why the Luzerne Road was not reopened and stated that he did not think it was legal. TOWN COUNSEL-Noted that he told Mr. Naylor, Highway Supervisor that he had two clear choices...keep the road closed as he has done, or re-open it as he has the implicit authority to do this but if he did he would have to maintain this road as he does other road in the Town of Queensbury and if there was a schedule for plowing, sanding that had been maintained as in the past he would have a duty to continue to meet that schedule. Stated that that was his legal advise. RICK ROGGE-I wish he was here because it was my understanding that if he could re-open the road he would and it could be the last one done if necessary. Is it my understanding that that road can't be the last one plowed that it must be plowed before the last one? TOWN COUNSEL-I am saying that he would have to maintain the schedule of plowing thats' reasonable the standard he set in the past. RICK ROGGE-It is unfortunate that Mr. Naylor said he would open the road if he could and he made it known that he would re-open the road if he could and now he has decided to change his mind on that and keep the road closed. Noted that there had been good legitimate reasons brought up by a number of people who live in the town and many who live and travel that road to Glens Falls everyday, as to why that road should be kept open. Noted that this road had been opened for over a hundred years. SUPERVISOR WALTER-Stated that because of Mr. Rogge's appearance at the Town Board meeting gave him the right to get his concerns across to the Board but that the Board is in no way able to supersede the Highway Superintendents authority in this case. TOM BARROWMAN-West Mountain. The standard set in the past, Mr. Wilson mentioned, all last year this road was plowed later in the schedule and I think it was brought out at one of the meetings with Mr.Naylor that it was in fact plowed later. Another problem is up on top of the mountain as you cross Tuthill there is the Beartown Road and if there has to be a schedule, that road was not touched tonight. Another problem is that when they asked why this two or three miles up Bear Mountain was plowed when there are no homes there, summer camps only, the answer was that they can't turn around...I can't envision why a town would spend so much time going out into the back country plowing for a place to turn around. In doing our research we did uncover that there was a bus accident on the Sherman Avenue Extension on October 2, 1984 and in the paper work at the Town bus garage it wasn't due to excessive J ' .? speed, it was due to a wet road and what Mr. Naylor is doing now is again increasing the traffic on that road. We are beginning to have problems with deliveries. The oil company called the other day to say they couldn't deliver oil because of the road being closed. If you are an out of towner and you come up the Luzerne Mountain Road where it says detour and you follow those detour signs you make a right turn on the Peggy Ann Road, come off that road back onto the Luzerne Road not knowing whether to go left or right. There are no signs saying that that is the route back of the mountain again. December 2, 1986 Washburns had a problem on top of the mountain, they arrived up on top of the mountain right behind the plow, Mr. Washburn got out of the car, asked the driver if they were going to plow Cormus Road and they said "no way are we going to plow Cormus Road now", they went down over the back side of the mountain to their turn around place that they have put there, went back up over the mountain, then met Mr. Washburn 3/4 of the way home trudging through the snow. Mr. Washburn was upset because they somehow decided to plow the road after saying they weren't. Noted that z.._ after the first snow storm of the season there was a car and a truck across the road making it difficult for other cars to get through because the road was completely blocked. Recently there was some dirt piled up on the 180 degree turn, after it was talked about at the last meeting this leads me to believe how many other places Mr. Naylor is wrong. Noted that the number of acreage was lowered per lot so as to encourage the building up there and yet somebody allows roads to be closed. SUPERVISOR WALTER-Stated that the people's concerns were appreciated but again noted that the Town Board cannot overrule either by resolution or any other motion to override Mr. Naylor's decision. MICHAEL MARTIN-Luzerne Road-The intent of the law that you can get involved in gives Mr. Naylor the opportunity to close that road isn't the intent that is used here and I think that that is something you can do for us. For us to be in this trouble and come to you as our representative and taxpayer, I don't believe that you can't do anything for us. I don't believe that one man can change our lives and he is. I think that you people can deal with the intent of the law and help us. MR. CUTTING-What do you define as undevelopable land? COUNCILMAN MONAHAN-Very strict. MR. CUTTING-I have been in construction for a good many years and I can go over in the swamp across the road and put up a hundred story building. I worked on buildings in Boston that are { actually floating and that is not undevelopable land. I am trying to find out what you are calling '-� undeveeopable. SUPERVISOR WALTER-We did not come up with a good definition. COUNCILMAN MONAHAN-Part of the answer is Environmental Impact if land is developed what is the impact on the environment. Anybody can do anything with todays equipment but whether or not it should be done or be permitted to be done is another question. COUNCILMAN MONTESI-That question is being raised tonight before the Queensbury Health Board...a septic tank being put in 75 feet from a neighbors well, what is the impact of that septic system on the neighborhood in Lake Sunnyside, does that mean that lot was not developable? MR. CUTTING-regarding the Fire Company and PUD...they are going to have a very hard impact on the fire companies in this town...is there going to be notification ahead of time of the type of buildings. How high are we going to allow the buildings? SUPERVISOR WALTER-We still have a height restriction in the Town and in the PUD you are looking at the kinds of buildings in the town we ordinarily would want to have or allow. A lot of these PUD's are going to take twelve to fifteen years to build, the Town and you can have time to plan for it. Don't you have a capital fund for equipment? MR. CUTTING-Not when you are saying $300,000.00 for an aerial ladder. j COUNCILMAN MONAHAN-The impact statement in the PUD should state what the impact will be on the fire companies in the surrounding areas. It should be addressed in the project pattern of getting the fire trucks there and where they are coming from. SUPERVISOR WALTER-Noted that there will be Public Hearings held and the fire companies will have as much advanced warning as the governmental bodies here that have to handle them. COUNCILMAN MONAHAN-Stated that Bay Ridge was looking at a new fire truck and before they go too far on this they should wait to see how the PUD develops and what the needs are going to be. MR. CUTTING-We are not only thinking about another fire truck but another fire station. COUNCILMAN MONTESI-Noted that he and Mr. Borgos as chairman of the fire companies have been thrashing this out and in the early part of next year we plan to present to the Town Board, a comprehensive overall plan as to where we are going to go in the next ten years in our town. The needs of new fire stations, as there may be a need for a fire station closer to the Southern Boarder. There may be a very definite need for Queensbury Central as the core continues to develop with commercial to rid themselves of Foster Avenue and get into a better or more sensible location. We need to get some input from the fire companies. COUNCILMAN MONAHAN-Stated that the traffic situations in the Town need to be looked at also regarding response time from one area to another. OPEN FORUM CLOSED RESOLUTION TO APPROVE MINUTES RESOLUTION NO.308, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED-That the Town Board minutes of November 12th & 20th,1986 be and hereby are approved. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 309, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, to transfer the following: FROM TO 200. A0 3 51110 2 0 0 A0341110100 200. A0451220100 A0451220440 500. A0451220100 A0751340100 800. A1051410100 A1051410440 3,800. A1151420441 A1151420440 3,000. A1451620450 A1451620100 2,500. A1451620410 A14 516 2 010 0 250. A1451620444 A1451620200 7,000. A1451620442 A1451620200 2,000. A1451620445 A1451620441 300. A1051410100 A1451620446 400. A1451620443 A1451620446 300. A1653310440 A1655010200 100. A1653310440 A1655010440 300. A1455132200 A1455132440 100. A2057310100 A2057310200 1 ,000. A2057310440 A2057310200 585. A2057310440 A2057310430 400. A1051410100 A2057310200 900. A1451620430 A2057310420 200. A2158010200 A2158010440 161. A2158010420 A2158010440 1 1700. A14 5 513 24 5 0 A2258020100 500. A14 516 2 0445 A2258020440 4,000. A14 5 513 243 0 A2258020440 54,000. A 23 51910440 A23 59 541900 300. A0751340440 A2359541900 900. A0451220200 A2359541900 10,000. A0451220100 A2359541900 10,000. A1653310440 A2359541900 4,000. A1753410100 A2359541900 1 ,000. A1853510100 A2359541900 5,500. AZ355630440 AZ359541900 5,000. A2359060800 AZ359541900 7,300. A3310599 AZ359541900 Z,377. C2458810440 CZ458810420 300. J12658160410 JIZ659730700 11900. JIZ658160441 J12658160440 4,100. J13310599 J12658160440 400. JIZ658160450 J12659730700 100. J12658160450 J12659030800 600. J12659060800 J12659030800 1,400. JIZ659060800 JIZ658160420 3,204. J13310599 JIZ658160420 6,200. J13310599 J12658160100 2,000. D1659060800 D1659030800 6,000. D1655130441 D1655142464 5,500. D1655130441 D165514ZI00 5,000. D1655130441 D1655130440 3,000. D1655130441 D1655142440 9,000. W12758320430 WIZ758320100 3,000. W12758320440 W12758330440 10,000. W12758320450 W12758310420 9,398. W127 58340100 W127 58310420 3,433. W12758320430 W12758340440 2,602. W12758340100 W12758340440 3,000. W12759060800 W12758340440 30,000. W13310599 W12758340440 350,000. W3310599 H371451620300 275,000. A3310599 H382356410300 100,000. A3310599 H112057310300 Adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO ACQUIRE PROPERTY RESOLUTION NO. 310, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, The, Town Board of the Town of Queensbury has determined that increased recreational activities and areas within the Town would benefit the residents of the Town of Queensbury and would further serve public purpose, and WHEREAS, Charles Purchla has offered to sell 44.4 acres of land adjoining Gurney Lane, and more particularly described in the legal description annexed hereto for the sum of $27,500., and WHEREAS, the financing of land acquisition shall be made in whole from monies appropriated from a Recreation Capital Fund, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury acquire by purchase in accordance with Section 64 of the Town Law the real property described in Schedule A from Charles Purchla for the sum of $27,500. Adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Water Noes: None Abse-it. o': (Descripsion of property on file) SUPERVISOR WALTER-This property joins land that we currently own and makes the holdings on the Town of Queensbury at the Gurney Lane site about one hundred and thirty acres. There is no more land available up there and we have a recreation site that will amply handle all sorts of recreation in the town for many years to come. RESOLUTION TO ACQUIRE PROPERTY AND AUTHORIZING SUPERVISOR TO EXECUTE AGREEMENT RESOLUTION NO.311, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury has been advised by Kestner Engineers, P.C. that a need exists for access to the proposed pump station off Meadowbrook Road in the Town of Queensbury, and WHEREAS, Merritt Hildreth has offered to sell to the Town of Queensbury a 1.2 acre parcel of land on Meadowbrook Road for the sum of $15,000., and WHEREAS, such a purchase price is the appraised value of said real property in the Town of Queensbury Real Property Tax records and is not in excess of the fair market value of such real property, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury authorize the acquisition of the aforesaid real property, enter into a contract for the purchase of such property, and that upon receipt of the necessary documents establishing good and marketable title in real property the Town Supervisor be and she hereby is authorized to issue funds and execute any necessary documents in order to close the transaction. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-Stated that the property that the Town is buying now is access for the pump station that we originally bought property for. RESOLUTION SETTING FILING DATE RESOLUTION NO. 312, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, pursuant to the Real Property Tax Law 922 of New York State Law, Senior citizens and disabled homeowners may designate an adult third party to receive duplicate copies of real property tax bills and notices of unpaid taxes, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby sets the filing date of November 1st. for third party designation on the annual tax bills. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-Noted that this filing date is in regard to our Receiver of Taxes who recently attended a seminar and has been brought up to date on the real property tax law. She has to enclose within the tax bills a printed sheet of paper letting the taxpayers know that they can designate someone as a third party, it is a State Law that was passed with impacts on all the communities. The Town Board gets into the act because we are the governmental authority that has to set what can be the last date for the third party designation. All of this is too late for this year but will have an impact on next years taxes. RESOLUTION SETTING PUBLIC HEARING TO AMEND ORDINANCE 23 EXEMPTING RESID OVER 65 YEARS OF AGE. RESOLUTION NO.313, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town Board has been authorized by the New York State Legislature to increase the income limitation for the partial exemption from Town Real Property Taxes for persons 65 years of age and older, and WHEREAS, the Town of Queensbury by Local Ordinance No. 23 provides for a 50% exemption from Town Taxes for owners 65 years of age and older whose income does not exceed $8,750 per year, and I WHEREAS, a proposal to amend Ordinance No. 23, a copy of which is hereto annexed, has been prepared and presented for consideration by the Town Board of the Town of Queensbury to increase the income limitation for those eligible for such exemption, and WHEREAS, the proposed ordinance is worthy of consideration for legislative action, NOW,THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of an amendment to Ordinance No. 23 increasing the income limitation for those eligible for such exemption and that said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay & Haviland Roads, in the Town of Queensbury, Warren County, New York on January 13, 1987, at which time all persons interested in the subject matter thereof will be heard, and it is 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 SECTION 2. (b) The income of the owner or combined income of the owners must not exceed Ten Thousand Five Hundred Dollars for the income tax year immediately preceding the date of making the application for exemption. Income tax year shall mean the Twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year. SECTION 3. This amendment shall take effect as provided by Town Law. DISCUSSION SUPERVISOR WALTER-Noted that she had asked the Board through a memo if they would consider raising the exemption to $10,500.00, where normally we are currently at $8700.00. The Queensbury School has gone to $10,500.00. I introduced The Real Property Tax Committee at Warren County to raise their exemption to $10,500.00 and the Committee approved it. They will be setting a Public Hearing for January to raise it to this amount. In Section 2 of our Ordinance it was amended the last time in March 1984 and what we are saying in Section B is the income of the owner or combined income of the owner must not exceed $10,500.00 for the income tax year immediately proceeding the date of making the application for exemption. The income tax year shall mean a twelve month period for which the owner or owners file a federal personal income tax return or if no such return is filed the calendar year. There is a maximum amount that you can go to if the limit is $12,025.00. The $10,500.00 for the Town of Queensbury has the least amount of impact because of our tax rate being 941T. COUNCILMAN BORGOS-I would like to go to the maximum that the State would permit. SUPERVISOR WALTER-Noted that the Public Hearing would be held on January 13, 1987 and it has to be done by March 1, 1987. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-Asked the Town Board if they wished to take any action regarding the Proposed Amendment to Article 15 (PUD). NO ACTION WAS TAKEN. RESOLUTION ADOPTING AMENDMENT TO ZONING ORDINANCE I RESOLUTION NO.314, Introduced by Mrs. Betty Monahan who moved for its approval, seconded by Mr. George Kurosaka. WHEREAS, the Queensbury Town Board requested an amendment to the Queensbury Zoning Ordinance regarding fees, and WHEREAS, the Queensbury Town Board set a public hearing on November 25, 1986 at 7:30 P.M. on the proposed amendment to the Queensbury Zoning Ordinance and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed amendment to the Queensbury Zoning Ordinance, NOW, THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Zoning Ordinance: SECTION 5.040 APPLICATION AND FEES FOR SITE PLAN REVIEW APPROVAL. In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review review provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board. This fee is not to exceed $1,000. without consent of the applica t. 4v\�,wnava� t h u eak AbS V�e d bJ Ana v- \\o w r U u�N i ¢s, 130 YU4xw-Rc.r..- V o R&-/Vo N RESOLUTION TO AMEND ORDINAN' NUMBER 19"REG&II—ING BURNING OF GARB G s 1iu,�a 1 No �- IN THE TOWN OF QUEENSBURY RESOLUTION NO 315,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Queensbury Fire Marshal recommended to the Queensbury Town Board an amendment to the Queensbury Ordinance #19 regarding the language, and WHEREAS, the Queensbury Town Board set a public hearing on November 25, 1986 at 7:30 P.M. on the proposed amendment to the Queensbury Ordinance No. 19, and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed amendment to Ordinance Number 19, NOW, THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Ordinance Number 19: Section 1 (add) The unrestricted burning in an open fire of rubbish creates the unreasonable risks of harm from brush and forest fires, causes air pollution, and is generally an unhealthy and unsafe practice which should be prohibited. Section 2 (add) The word "rubbish" as used in this ordinance shall mean: solid or liquid waste matieria) including but not limited to paper and products; rags; trees or leaves, needles and branches ..J therefrom; vines; lawn and garden debris; furniture; cans; crockery; plastics; cartons; chemicals; paint; grease; sludges; oils and other petroleum products; wood; sawdust, demolition materials; tires; and automobiles and other vehicles and parts, for junk, salvage or disposal. Section 3 (a) (add) Except as permitted under the Environmental Conservation Law and the regulations promulgated thereunder, no person shall burn, cause, suffer, allow or permit the burning of rubbish in an open fire. 3 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION-regarding PUD-No action was taken. COMMUNICATIONS Ltr. on file from Receiver of taxes, Betty Eggleston, and Town Clerk, Darleen Dougher. RESOLUTION TO INCREASE PETTY CASH RESOLUTION NO.316, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded seconded by Mrs. Betty Monahan. RESOLVED,the Town Board of the Town of Queensbury agreed to raise Petty Cash for the Receiver of Taxes and Town Clerk's offices from $50.00 to $100.00. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter. Noes: None Absent: None -Ltr. on file from Linda Condido regarding her lost dog. SUPERVISOR WALTER-Stated that she spoke to Mrs. Candido and noted that the letter would be discussed by the Town Board to see what changes could be made. -Ltr. on file from State Department of Transportation regarding the speed limit on Tuthill Road. BIDS-TRANSPORTATION FOR THE ELDERLY FOR 1987-Opened December 9, 1987 at 2:00 P.M. CWI, Community Workshop Inc., 36 Everetts Avenue, Glens Falls, N.Y., Non collusive attached, Transportation Services for 1987 is $10, 960. Upstate Transit, Inc., P.O. Box 190, Geyser Road, Saratoga Springs, N.Y. Non collusive attached, Transportation Services for 1987 is not exceed $13,147.68. Ltr. - from Director of Purchasing, Darleen Dougher/Town Clerk requesting the acceptance of CWI., bid for transportation for elderly. RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY FOR 1987. RESOLUTION NO. 317, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Bety Monahan: WHEREAS, the Town Board of the Town of Queensbury did request that we advertise for bids for the transportation for the elderly for 1987 and WHEREAS, two bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher, and WHEREAS, Director of Purchasing/Town Clerk, Darleen Dougher recommends the bid be awarded to CWI with a bid of $10,960.00 NOW, THEREFORE BE IT RESOLVED, that the Town Board of Queensbury hereby accepts the bid of CWI in the amount of$10,960.00 for the year of 1987 and O BE IT FURTHER, RESOLVED, that the financing for such charter is included in the 1987 Budget. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None -Ltr. on file to the Queensbury Health Board The Planning Board, and the Town Planner and the Building Inspector from William B. Morton regarding the legal and technical basis for designating the water course in the Ridge-Meadows subdivision a stream rather than a "ditch". -Ltr. on file from Glens Falls Lodge Number Eighty-One regarding the celebration of their 100th Anniversary in 1988 including a parade staged on June 18, 1988• DISCUSSION HELD-More information needed - specified the time of parade, length and specified day. COUNCILMAN MONTESI-Asked if they were not going to cross Quaker Road but they want the road closed from Quaker Road to Duke Concrete? TOWN CLERK-Stated that it was from that portion of Bay Street from the city limits to Duke Concrete. -Ltr. on file from Town Planner requesting reimbursement for mileage and reasonable expenses for December 11, 1986 trip to Canton. RESOLUTION FOR REIMBURSEMENT FOR CANTON TRIP. RESOLUTION NO. 318 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that Permission is hereby granted to Stuart Mesinger to travel to Canton to meet with St. Lawrence University interns to conduct an land use inventory in January as part of the lake George Municipal Agreement, NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None -Ltr. on file from Michael G. Woodbury and Ralph B. Woodbury, regarding 15 acre parcel of land adjacent of Dr. Westcott's on Bay Road. MR. BIGELOW-showed Town Board on a conceptual plan drawn up by the architect. Explained to the Town Board exactly where the parcel of land was located on West side of Bay Road coming in a quarter way up Bay. The zoning on the property on the East side of Bay Road is HC-15 all the way up to Cronin Road, on the West side it goes to approximately 500 feet North of Glenwood then goes back 450 feet then goes down. What we have proposed is fifty residential townhouses in the $115,000 to $140,000/ea. price range. Noted that his reason for coming tonight is to introduce the project to the community and to find out what the procedures are for requesting a rezoning of this area. COUNCILMAN MONAHAN-Noted that this project was confronted by a lot of single family homes and asked if they had been contacted. 't S� MR. BIGELOW-Yes, in the last year all these people have been contacted. We would like to ask for rezoning of all of this area all the way out to Cronin because we feel that this area has developed commercially. We don't feet that we can use this land properly to put apartments or townhouses in because of the zoning and surrounding uses. We have the another problem because of the land being split down the middle with this zone. We met with Stuart a couple of times and he felt that we did meet the requirements for a PUD requirements, then Stuart didn't feel that we wouldn't have a good case for a variance. The only way we could do it was to request re-zoning. SUPERVISOR WALTER-Recommended the proposal to the Planning Board for their input. Ltr-to Supervisor Walter from Gary Bowen, Highland Development on file... it is an application for site plan review with the Queensbury Town Planning Board to a pp rove a plan to construct ct student housing for ACC students. The project site is on the west side of Meadowbrook Road adjoining Adirondack Community property. The project location is outside the Queensbury Water District. Referred to Town Counsel. DISCUSSION: TOWN COUNSEL-there are three issues before the Board (1) does the Town have the authority to contract with someone outside the district for the purchase of water, and the town does, (2) How do we get the water out to this individual, and the Town Law sets forth several methods for extending a water district, creating a new water district, or simply under a new provision that we have not utilized, under Article 12C provide the Town to extend a water facility to property, (3) The most critical to the Highland Development is the Local Law Number 4, 1986. That Local Law requires a subdivider, multifamily residents also requires a developer of that kind, whose project is within 2000 feet of an existing water district to, as before as a condition of any kind of approval, to hook into the existing district. Our Local Law requires before any before any kind of approval can be granted that arrangements be made to hook into the existing system and we do that by creating a new water district by extending one or the new method under Article C in the Town Law. It basically says you can extend a line out to someone without creating a district and then it provides for how you finance it. COUNCILMAN KUROSAKA-Asked if we could run a line out to him under his own financing? TOWN COUNSEL-If he is within the 2000 feet, it doesn't matter what Article C says, as precise method of financing thats something between the developer and the town. You can't just go ahead and do it, to extend the line you have to either extend the existing water district, create a new water district or go under this procedure under Article 12C that also requires Public Hearings and depending on the cost of the project and assessed valuation of the area it may also require the approval of the comptroller. COUNCILMAN BORGOS-Can't we just sell him the water...let the developer put the line in from where our line now is and put a meter there? TOWN COUNSEL-Stated that he could not answer that right now. COUNCILMAN MONTESI-If the developer is within 2000 feet has to either establish a water district or extend the water district is that right? SUPERVISOR WALTER-No he has to have an agreement that he will underwrite the cost of the water district but the water district can be on going. The Planning Board is able to act on an application concurrently with the time running on the water district. The only way he can sign an agreement with us that he will underwrite is to know what the cost of the district is going to be. COUNCILMAN MONTESI-Asked the size of the water district requried? SUPERVISOR WALTER-Stated that the developer is looking to have his approvals in order by December 1, 1986. COUNCILMAN MONAHAN-Asked where the last fire hydrant? GARY BOWEN-Developer of Highland Development...35 feet from our property line on the side road. Our total land is within 35 feet of an existing line on Meadowbrook Road, the project is about 4500 feet up Meadowbrook Road in on the west side from the existing line. Stated that he was told that he could request of the Town of Board prior to filing for a full water district consideration for our entire PUD that the Town Board could make the decision to sell ESP his development water independently as a foreign agent, if we put our own line in. SUPERVISOR WALTER-You can't put your own lines in a public street. GARY BOWEN-Noted that the an answer has to be given to the Town Planning Board by the 16th because they can't give approval without it. Asked if he could engineer a well so we have a water source, then file under the normal procedures and normal time for inclusion in the water district, and would the Town Planning Board then be able to make a decision? SUPERVISOR WALTER-Asked the Board if they were going to give water to this project? It is up to the Planning Board if they are going to approve a well, our decision tonight is whether we are going to supply them with Queensbury water. i COUNCILMAN BORGOS-Asked if the developer feels he can proceed with a well? GARY BOWEN-If it is approved, that is the route we will take. MRS. BOWEN-Asked how long it took to get a water district? SUPERVISOR WALTER-Not less than two weeks, there are certain resolutions that have to be passed, environmental resolution, there is a waiting period then the Town Board can make a final decision on the determination on the district. If there is public financing it would have to go to the State Comptroller for approval. Since we have been dealing with this 2000 foot law we have been getting an engineer in, getting an estimate of the cost of the water district established, meeting with the developer and having him sign an memorandum of understanding that he will underwrite the cost of the water district then we proceed with the legal mechanisms of creating the district. Noted again that the time element in this project was the problem. GARY BOWEN-Said he would like the water district just to include the extension to take in the dorms. We know what our cost are now and it has all been engineered. TOWN COUNSEL-They can't issue a letter tomorrow to the Planning Board saying there is going to water at that site there has to be some ground work done, as to what it is going to cost and whats it going to look like. SUPERVISOR WALTER-The cost we include in a water district are the cost of an engineer 1 to prepare a map plan and report... for our Legal Counsel to prepare the papers and for our Town Clerk to-advertise that this district is being created, these are the cost other than the construction costs. Asked the consensus of the Board, should they let Mr. Bowen proceed with a well or retain an engineer to look at the district? COUNCILMAN BORGOS-Asked the engineer present, Mr. Scudder if it were possible to get this together by the date given? MR. SCUDDER-Anything is possible,we are talking about the creation of a water district preparing a map plan and report, and another engineer may or may not agree with Mr. Bowen's engineers figures and its a question of getting the paper work done. Agreed there would be time to sketch it out and to put together a cost estimate but to get the art work done and the other paper work done in the usual fashion, thats pushing it. TOWN COUNSEL-Said it was not required at this stage to get a map plan and report, just a cost estimate. COUNCILMAN MONAHAN-Said she thought an engineer could get this progressed so that the developer would feel comfortable signing a letter of intent with the town. We could do it in this manner...the highland Development Corp. would say "we will undertake cost up to such and such and we might have to go a little higher because it is being done quickly then knock it back down when the final figures are in. TOWN COUNSEL-You cannot by resolution bind Mr. Bowen to this but the law for any of these special districts provides that it is legitimate for the town to engage an engineer prior to the actual creation of the district and if the district doesn't go through then the taxpayers pay it, if the district is created then legally it is appropriate and the law provides that the engineering are paid by those persons within the district. 84?9 RESOLUTION TO RETAIN AN ENGINEER RESOLUTION NO 319, Introduced by Mr. Montesi who moved for its adoption, seconded by Mr. Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is interested in extending or creating a water district, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury retain the engineering services of Charles H. Scudder, P.E. to provide these services, Phase I, college dorms, fee to be paid hourly, to be completed by December 12, 1986. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None MR. BOWEN-if the water district is created we will bare all cost, running the lines on our own property and if the water district is not created the only cost born by me is my own cost. -Ltr. on file regarding the Sunnyside Pavilion. SUPERVISOR WALTER-Stated that she had received several complaints regarding the Sunnyside Pavilion. We have a Local Law (3)...the Unsafe Structure Law indicating that the Town Board can provide for the repair or removal of an unsafe building or collapse structure. Section of that Local Law indicates that our Building Department must make an investigation and give a report. A letter came in saying as of December 8, no demolition work has taken place since late summer and the site remains unsafe and a danger to the general public...The Town Board L can order that a notice be served upon the persons to remove or demolish the building. In emergency cases the Town Board may authorize the Building Inspector to immediately cause the repair, howeve-- thr Building Inspector has issued an order to remedy which does expire tomorrow so we have an alternative route to take without going through he unsafe structure law and that is, if they have not done anything by tomorrow, he would issue an appearance ticket and the judge would have to tell the individual to take it down. DISCUSSION HELD COUNCILMAN BORGOS-Asked if there was another alternative declaring an emergency, stated that in this time of year, snow storm or whatever it should come down. SUPERVISOR WALTER-We will give notice under Section 11, the emergency section. COUNCILMAN KUROSAKA-Proposed that the Building Inspector indicates the structural remains of the building may collapse under the weight of ice and snow and in sixty days the building would be down so we are acting under the emergency provision. RESOLUTION TOWN BOARD ACTING UNDER SECTION II-OF LOCAL LAW 3, 1983. RESOLUTION NO.320, Introduced'by Mr'.�G'eorge Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, resolution forthcoming from Town Counsel to be found in page Duly adopted by the following vote: Ayes: Mr, Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-Stated that this would be delivered personally. REPORTS Town Clerk and Building & Code Enforcement Report for December, 1986, on file. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO.321,Introduced by Mr. George Kurosaka who moved for its adoption seconded - by Mr. Stephen Borgos. RESOLVED, that Audit of Bills as appears on December 9, 1986, Abstract and numbered 3381-36 and totaling $411,382.55. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes:None Absent:None ON MOTION THE MEETING WAS ADJOURNED RESPECTFULLY SUBMITTED DARLEEN DOUGHER, TOWN CLERK j�