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1982-08-03 Special Meeting August 3, 1982 Members present : Daniel Olson, Councilman Charles Eisenhart, Councilman Daniel Morrell, Councilman Betty Monahan , Councilman Frances J. Walter, Supervisor Joseph Brennan, Town Counsel Town Officials , Thomas Flaherty, Ralph VanDusen, Stephen Lynn, Mack Dean, Richard Roberts, Ronald Montesi. Meeting opened with pledge of allegiance by Deputy Clerk. The first order of business is a public hearing on changes in the zpning boundaries. Proof of publication was shown by the clerk. Two other sections of the zoning ordinance were also being changed. The changes are in two areas of the town. Prior approval was received from the Town and County planning boards. Some of the changes made before were in the middle of someones property. Mrs. Walter indicated that she wishes to clarify these. Richard Roberts using a map clarified what the Board was doing. The first variance under the new zoning came to us from Quaker Village when we diecovered that the new lines did not include all of the existing buildings. By redrawing the lines it made it possible to go up and pick up the Elks Club. At the same time another variance came in on the Animal Hospital on Bay Road for a variance to become a restaurant. We also looked at changing the Light Industrial line to the middle of Veterans Road. Mr. Roberts went on to explain the changes in the Bay Road and Sunset Park area as set forth in the public hearing and also mentioning to allow firehouses as a permitted use in an LI-IA zone. Mr. O'Connor - indicated that he was here tonight representing James Singleton and Philip Hart and he is here to speak solely of the area that lies to the west of Bay Road and north of Glenwood Ave. This is as unique opportunity for the people hat _sre_ ijj�NEparticular area to get a second chance at their property. In May when the Town Board adopted the ordinance they did zone that property UR5 and now the proposition is to change it to Highway Commercial. We submitted a petition to propertyCoewners within that zone that we thought would be favorable to the opposition to the proposed change. We have the petitiona back signed by 100% of those people saying they oppose any change in their property zoning. I have a map showing where the signers own property. Mrs. Walter - You are representing Mr. Singleton and Mr. Hart of the Harvest restaurant? Mr. O'Connor - - Right,, Mrs. Walter - They are commercial establishments who do not widh the j rest of the area to be commercial, is that right? Mr. O"Connor - Yes. Mr. O'Connor - What we are talking about now is a distinction between proposed uses and existing uses, an HC zone is very broad and that is the problem with it. If there were different HC type zones the same people who speak in opposition to this may not be opposed. If you go down the list in an HC zone you can talk about anything coming in there. 161 The schedule shows, automobile sales and services, places for public assembly, boat storage, professional offices , repair sales, farm and constftuution eauipment sales, commercial greenhouses, nurseries, mobile home sales , social clubs, halls, fraternal organizations , motels, hotels, lodges , fire stations, bars diners and restaurants without any real limitation. All this is different that hat you see in the Singleton Funeral home, Dr. Hughes, the Harvest fmily style restaurant. This is what these people are tallting about, their objection is the broadness of the HC zone as opposed to their particular establishments. Mr. O'Connor showed each petition to the Board. He showed the Board the petition of Dr. Hughes and Dr. Voelker who also have apartments in this zone. Mrr. Monahan - Mike, Apartments are not allowed in Highway Commercial are they unless it is pertaining to the business? Mr. O'Connor - I truthfully can not tell you. Mr. Roberts - It would have to be done under Site Plan Review, with a public hearing. Mr. O'Connor - Mr. Hart is here. He chose this spot for a restaurant because of the isolation of it. He thought it would be the last restaurant into the college. Now you have other people coming along trying to capitalize on this thing that he has taken ten years to build up. Mrs. Howe and the Curleys have also signed petitions of protest. These people object to the proposed new zoning creeping towards them. With these petitions, I believe we have met the qualifications of the Town Law, Section 265 which would require a three-fourths vote of the board. . I will leave the petitions with you for your record. Dr. Westcott - I speak in opposition to the proposed zoning change from UR5 to Highway Commercial. It would be totally out of character as it now exists. We may be able to split hairs and say that certain buildings and businesses or office buildings there are in a sense technically commercial but they are vastly different from the hosts of uses that would be permitted under HC. There is a potential for abuse in an HC zone, one thing can fold and another start up. Some restaurants are not always successful today, consequently they end up being something else. We have to be cognizant of the possible changes that may take place in the back lands as: Mr. O'Connor pointed out. I would like to call the boards attention to the possible arbitrary approach to some of these boundaries. It appears that there is almost an attempt at achieving some kind of geometric symetery in this map at the expense of those people who live in these areas. These people should be consulted before the changes. are made. We have lives, families, homes at stake here. I talked to George Stewart and asked him if he realized that he now lives in a commercial zone. His answer was "No". Do you like the idea of living in a commercial zone? And further more do you like the idea of a commercial zone being expanded from where it is now? No, I did not know I was in that zone and number two, I do not like the idea of being in a commercial zone. Mr. Stewart never complained about the tennis courts going in on Glenwood because all the commercial development seemed to be going on the southern side of Glenwood ave. Now if you go down 500 feet in the green, I would like to urge this board to rescind that. I would like to see the He/zong6ly to the extent of the Corner Post restaurant and not include parcel 33,32 or the next parcel. Mrs. Walter - That is not germain to this public hearing. Dr. Westcott - The present property as it is zoned as it is constituted, the texture of what is there, is an asset to the Town of Queensbury. If you open the door to HC it is Carte Blanche. Changes will take place there which are a detriment to the. town. I urge this board to not make this change and allow the section to remain UR5. 162 Mr. Dinzler - We own lot 30 on Glenwood Ave. What is the difference between that area and my area and why do they want my 75 feet on Glenwood Ave. to be extended into the area that is zoned otherwise? Mrs. Walter+ - We are running a straight line. Mr. Westcott - This is what I was talking about. The straight line you are using, it simply happens to be my eastern boundary line. of that particular parcel. That is why that was selected. It makes a nice little rectangle. Mr. Dinzler - To whose advantage is this rezoning? Mrs. Walter - When the planning board attempted to go through the task of rezoning the town, that they were looking at it to anyone' s particular advantage. It was for the advantage of the growth of the Town of Queensbury. They looked at the Bay Road area and looked at what was currently existing and felt that this would be one of the places in the town where HC could exist. Mr. Dinzler - The southside of Glenwood is commercial, the northside from my house down is not. How does the value of my property change with this new zoning? Mrs. Walter - I would imagine your property would become more valuable. Mr. Dinzler - The traffic is very heavy on Glenwood because of the Bike Trail etc. Why is my 75 feet necessary for this rezoning? Mrs. Walter - You hit it on the head. In making the decision, the area that was in question for rezoning went along property lines. If we jogged all around, we would have had comments on why we did that. . Mr. Dinzler - I ask you, what is to my advantage? Mrs. Walter - The purpose of the public hearing is for the Town Board, before making a determination as to whether or not to go along with this, is to hear comments from the public. It is not this boards decision to tell you what is best for you. We think we are doing what is best for the town. Mrs. Monahan - Do you want to be in a commere ial zone or do you prefer to be in a UR zone? Mr. Dinzler - As soon as somebody tells me what is to my advantage. I feel I am in a commercial. zone now. Mrs. Monahan - We are trying to get the feeling of the people within this proposed change. I can not tell how you feel. Mr. Dinzler - I want somebody to tell me the advantages one way or the other. Mrs. Monahan - The advantages or disadvantages will be the future use of your property whichever way you like it. Mr. Montesi - If the nature of the south side of that street is commercial in nature and this gentleman' s property is commercial, what he has to look at down the line is, can he sell his house as a single family residential area? Is the value going to be there or is it going to be more valuable if it is a commercial zoned piece of property. Mr. Ronning - I represent Mr. Foy. He has made an application for a variance 163 on the old veterinarian hospital. It is interesting to hear that some of the ones who are complaining are already commercial land owners. The alternative is that if is not zoned commercial, then what do we have, a piece of property zoned by commercial establishments, restaurants, funeral homes, etc. , what is it going to be good for, is it a residence that any of you want to live in next to a veterinary hospital, is that going to worth any money for the owner? I think there is sour grapes here from those of you who are opposing commercial zoning for a particular vocation that I am speaking of, which is Dr. Morrison' s property. That property is almost surrounded totally by commercial establishments. We urge the board to consider this commercially zoned. As with Mr. Westcott, Dr. Morrisson also wishes he was notifieg6 f the possible changes in zoning. Dr. Morrisson had no knowledge that this area had been rezoned residential. He found it out when Mr. Foy applied for a variance. Mrs. Walter - On behalf of the Town Board and the Planning Board, as far as being notified as to what we were doing, there were four or five informational meetings, several public hearings and we were totally above board with the public. I think it is a. smack at the Town Board to say we were doing these things and you did not know anything about it. Residents should be aware as to what is going on in their locality. This board works out in the open and tries very hard to let the public know what is going on. Dr. Morrisson - The impression that was given to you was not mine. Please accept it in that way. It seems the property I purchased 9 months ago is being singled out. To try and have it remain residential after purchasing it as a commercial piece of property, having had it zoned residential, and now there seems to be an attempt, and from where I sit, to get the number of signatures and petitions that you got in front of you, somebody must have spent a lot of money. It seems the money came from the establishment across the street. To go-,along with the achitecture of the building, I believe Mr. Foy wants to start a nice restaurant. It has to be a class operation. I do not want to see anything in there which is detrimental. There seems to be beyond that by rezoning this one little area, that is my building only, it is most valuable to me in keeping with the style of the building that is there. There seems to be a lot of effort to block my building from being zoned commercial and it is a commercial building. I think the Bay Road area is a commercial zone. Dr. Hughes - I think you have the decision tonight to make that is going to have a rather significant change in the future. You have to look fifteen years beyond now. There are some lovely living areas on Bay Road. If you rezone this HC you will end up with an eyesore in that area. The establishments ghat are on it now are not grossly commercial. I am looking ahead to see what Queensbury is going to look like fifteen years from now. What I see is what Route 9 looks like now, north of Aviation road, as guardians of the Town of Queensbury you have this moral obligation to look at this objectively and find out if this is what you want the town to be fifteen years from now. �., Mr. Raymond - I am in opposition to this. I have interest in properties that lie just north of the zoning change. I am negotiating to buy certain property thaoies just beyond that. We have been spending a lot of money for a subdivision development in this area. It is zoned residential and it is intended to be developed that way. If it goes commercial, it will devalue the scheduled use of our property. If Singletons goes out and the proposed restaurant goes out of business, this is heavy commercial, they can come in and develop anything in there they want. It will affect the property back here in a detrimental way. Dr. Morrisson' s Attorney - Mr. Morrisson has a tremendous investment in his building. If people were to drive by they would see all of- the other buildings which have a commercial look. I hope these business will still be here fifteen years from now and it will be a commercial neighborhood. If Dr. Morrisson has to convert his commercial building into a residential building with all the commercial around him, he has an immediate financial hardship. 164 It has already taken its toll today in that there is a great difficulty in renting the facility. I urge the board to look and see what the situation is,of calling those buildings residential,has presented to that particular neighborhood. Mr. Foy - I think Mr. Hart thinks I am going to put in a MacDonalds or a Burger King, that is not my intention. I would also hate to see Mr. Morrisson' s building be rezoned on just my purpose of a restaurant. If Mr. Morrisson was going to lease his building as a sporting goods store, I do not think that Mr. Hart would have any objection to that. You will all do a wrong doing to Mr. Morrisson, which I am more concerned with than myself at this point. If it is a restaurant you do not want there than state that because I would hate to see the man, with all the money that he has involved in the building to be rezoned because of me and the opposition of a restaurant. I plan to put a family style restaurant. I do not plan to compete as far as pizza or anything as such. I am disturbed that a gentleman in the same business would bring up opposition to the point that we are at today. Mr. O'Connor - I would like to respond to some of the comments made. I am not going to respond to the comments of sour grapes or personal motiv-atiog I do not want to make that type of presentation. If you talk about rezoning I do not think you can talk about any particular piece of property, you have to talk about the neighborhood. What way will it affect the future of the town. If a particular piece of property has a problem, there is a form that is called a hardship variance, and the form is before the zoning board of appeals and not before this board. I hope the board would never rezone an area to serve one property. It has become an issue because one particular use is proposed and then someone said, did we make a mistake, let's change it and we'llaccomodate that particular use. The people in that area have been made aware of what that zoning is and they are standing up and saying we do not want this .change. As to hardship, I think you have got a problem, I think those who spoke about it have got a problem. They bought this property when it was commercial and residential. J The Veterinary building was built under a variance that was granted to Dr. Haviland, who no longer owns the property. Mrs. Walter - I think that is what is happening here. We are zeroing in on one particular piece of property. Whatever was the variance, the fact is there stands the building there now that looks extremely commercial. Mr. O'Connoe —Even the proposed denial of the zoning does not mean that the building can not be used. They then can come in under the variance provisions of the ordinance and if they meet qualifications set forth they then can get the proper relief. If you go back to the seventy-eight application you will see on there that they are talking about being very sedimentary in type operation, minor as far as the number of people going in and out. That was residential. James Singleton, who I represent owned part of that. When he sold that, he consented to the doctor' s office being there. He did not consent to a proposed restaurant. Dr. Morrisson, when he bought the property in 1981 created his own hardship by the fact that he can not get a reasonable return because of professional offices,.. The burden is going to be on him to show that he did not create his own hardship for the purpose of speculation. Mr. Foy is talking about creating more hardship by saying they want the property for a rest- aurant. I as4 the board to think seriously of the comments and particularly of the comments of Dr. Hughes. Mr. Montesi - told how the line changes came about. We found we had split Quaker Village. We did not consult with the people involved, but the public hearing is here tonight is for that purpose. Dr. Morrisson - I am not saying my property should be rezoned on the basis of hardship. I am voicing on the basis that it appears to be a commercial neighborhood. When I drive down it, it looks commercial. 165 Mr. Roberts - Dr. Morrisson said he bought this piece of property as an investment. He must have known at that time that it was under a variance and by virtue of that had some limitations. It is refreshing t6'go many people out to a public hearing. So many times we hold a hearing and nobody shows up. We need this vocal input to help us. I might ask where some of you were for some of the previous meetings. Some good points were made tonight and frankly I am having some second thoughts. I know Dr. Westcott and some other property owners asked if we could keep the road frontage under quasi-commercial nature, offices and the type of things that were there, it might in fact be the way to go. Mr. Morrell - if the area in question were to remain UR5 and the present property owners who are running commercial establishments cease to run a commercial establishment, would any other type of commercial establishment be allowed to go in there? Would they have to revert �. back to residential? Mr. Roberts - Unless they had a variance to do so. Mr. Morrell - So all the restrictions apply to every property owner who is presently there at this time, who run a commercial operation. Mr. Roberts - the kind of things that are being promoted in UR5 are other than duplexes, we pretty much handle anything under site plan review. (some comments not audible because of rattling of papers) Mr. Olson - Dick, did all the business on Bay Road at present, go in with a variance. Mr. Roberts - Yes. Mr. O'Connor-explained how Mr. Hart built his restaurant. Mr. O'Connor-showed the board the application of Dr. Haviland of 1978 Mrs. Walter - That is not germain, we are dealing with the nature of the neighborhood right now and whether it should be rezoned. We are really straying and we are zeroing in on two particular properties which these gentlemen have been before the planning and maybe going to the zoning. I would prefer to not have any more arguing. Mr. Zenamek - I think apartments and condominiums might have a more harmful effect on the area than what it is. Apartments would cause more congestion, it would have an environmental impact. Professional offices have less environmental damage. Under UR5 someone could put a tremendous apartment complex in there. Mr. Montesi - as planners we have to look down the road and see what is ahead. The Bay road - Glenwood area will continue to change. Mr. Eisenhart - I see that whole corner there as commercial. I understand the arguments. I am confused in my own mind. Bay road is commercial a considerable distance up above Glenwood Ave. , to make it UR5 all the way down would be to deny what is there. j Mr. Montesi - Can you pass on some of the boundaries tonight and not the other? Mrs. Walter - I would have to consult Legal counsel. You can not restrict but you can let up without having another public hearing. Perhaps the board would want to go down and take a good look at this. Mr. Morrell-asked about the meetings scheduled involving Mr. Foy. Mr. Foy - I was approved by both the Town and County Planning Boards. Three weeks later I was caught with my pants unbuckled. There was a lawyer and opposition. The first two boards said it should be rezoned. 166 Mr. O'Connor-explained the procedure regarding the different boards. Notices are sent out to people within 500 feet for zoning board meetings. Mrs. Walter - I have asked the attorney as to after this public hearing, if the Board so chosed, could they act on a portion of the area and the description thereof that was publicized for the public hearing. Mr. Brennan - The board could act relative to either of those areas east or west of Bay road on the basis of this public hearing. Mrs. Walter - there were two other items advertised that we were going to address, one being the permitted use of firehouses in Light , i industrial, the other, a 30 day change instead of 60 days. _ Does anyone wish to make any comments on those other areas of the public hearing? If not,I declare the public hearing closed. Five minute recess. Meeting called back to order. The board will look over the area which was the subject of the public hearing. No decision will be made tonight. We will act on it at our next scheduled meeting, which is next Tuesday evening. If the board wishes that they wish to act on a portion of it and leave the other area on' the west side of the road as is, we will have another description of the properties. If they wish to act on it . 0 intact, then we will make a determination at that time. RESOLUTION TO APPOINT DEPUTY SUPERINTENDENT, QUEENSBURY WATER DEPT. -RESOLUTION NO "1 , introduced by Mr. Olson, who moved its adoption seconded by Mrs. Monahan. WHEREAS, the Town Board of the Town of Queensbury has established the position of Deputy Superintendent., Queensbury Water Department, to assur9a continuity of Management in that department, and WHEREAS, a general technical knowledge of water supplies is necessary and a working knowledge of water plant operations and related functions, Class lA Water Plant license and administrative experience are essential requirements of this position, and WHEREAS, Chief Operator Ralph S. VanDusen has all these require- ments and is highly recommended by Water Superintendent Thomas K. Flaherty, NOW, THEREFORE BE IT RESOLVED, that Ralph S. VanDusen be appointed to the position of Deputy Water Superintendent, Queensbury Water Department effective this date at a salary of $500.00 for the remainder of 1982, and BE IT FURTHER RESOLVED, that this position is in addition to his regular duties as Chief Operator. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: None. RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED AMENDMENTS TO VARIOUS ORDINANCES TO ESTABLISH NEW FEES AND TO INCREASE EXISTING FEES RESOLUTION N0. 282_ introduced by Mr. Eisenhart, who moved its adoption seconded by Mr. Olson 167 WHEREAS, various ordinances of the Town of Queensbury pro- vide for fees to be charged in connection with applications for the issuance of permits of for actions requested to be performed by officers or boards of the Town of Queensbury, and WHEREAS, it appears to be appropriate to consider the amend- ments of said ordinances to establish or increase certain of said fees, and WHEREAS, amendments to certain said ordinances to establish new fees and to inceease existing fees have been recommended to the Town Board for consideration as follows: ORDINANCE TO BE AMENDED JPERMIT OR ACTION APPLIED FOR FEE Ordinance No. 30 (5) (a) Building permit for swimming pool $15.00 Ordinance No. 30 (5) (a) Building permit for dock 15.00 Ordinance No. 30 (5) (a) Demolition permit 10.00 Ordinance No. 46 (4) (2) (a) Temporary Mobile Home Permit (Up to three months outside of Mobile Home Court) 10.00 Ordinance No. 12 (4) (2) (b) Mobile Home Permit (up to one year outside of Mobile Home Court) 25.00 Ordinance No. 12 (4) (2) (c) Revocable Mobile Home Permit (outside Mobile Home Court) 25.00 Ordinance No. 46, Sect. 8.101 Building permit for "All (2) Other" Signs 15.00 and WHEREAS, a public hearing concerning said proposed new fees or increases in existing fees is required by law. Now, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the amendments of the various ordinances as set forth above to establish new fees or increasing in existing fees as is set forth above 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 Roads, in the Town of Queensbury, Warren County, New York on August 24, 1982, at which all persons interested in the subject thereof shall be heard and be it further RESOLVED, that the Town Clerk of the Town of Queensbury be authorized and directed to publish and provide notice of said public hearing in accordance with law. _ Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: None. 168 RESOLUTION TO ESTABLISH FEES RF.SO .1rr Q Nn_ 7R3 introduced by Mr. Morrell, who moved its adoption seconded by Mr. Eisenhart WHEREAS, Section 12.050 of the Queensbury Zoning ordinance authorizes the Town Board of the Town of Queensbury to establish fees to be charged in connection with applications for the issuance of permits or for actions by officers or boards of the Town of Queensbury, and WHEREAS, Section 5.030 of the Queensbury Sanitary Sewer Ordinance of the Town of Queensbury authorizes the Town Board to establish fees to be charged in connection with applications for the issuance of permits or for actions by officers or boards of the Town of Queensbury thereunder, and WHEREAS, Article 3 of the Town of Queensbury Land Subdivision Regulations authorizes the Town Board to establish fees to be charged in connection with application for the issuance of permits or for actions by officers or boards of the Town of Queensbury, and WHEREAS, the establishment of proposed new fees and fee in- creases have been recommended to the Town Board for consideration as hereinafter set forth, and WHEREAS, it Appears to be appropriate to establish the pro- posed new fees and fee increases as authorized by the aforesaid ordinances, NOW, THEREFORE BE IT RESOLVED, that fees be established as follows for the appli- cations for issuance of permits or for requested actions by officers or boards of the Town of Queensbury as follows: QUEENSBURY ZONING ORDINANCE FEE For all actions requiring Zoning Board of Appeals approval or determination (excluding interpretations) $50.00 Reclassification of applications for amendment to zoning ordinance including Planned Unit Developments applications 100.00 Rehearing on applications and appeals 25.00 For all actions requiring Queensbury Planning Board approval only including Site Plan Review, but excluding subdivisions 25.00 SANITARY SEWER ORDINANCE FEE Sewage permit (new and alterations) $10.00 QUEENSBURY LAND SUBDIVISION REGULATIONS A. Minor Subdivisions 50.00 B. Major Subdivisions 1. Preliminary Approval 50.00 2. Final Approval (Plus $5.00 per lot) 50.00 AND BE IT FURTHER RESOLVED, thAT the foregoing fees be added to the official Schedule of Fees of the Town of Queensbury. 169 Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: None. Mrs. Walter indicated that she has received the resignation of Michael Swan, Sole Assessor of the Town of Queensbury. The town is in the process of advertising for a replacement for Mr. Swan. Mrs. Walter dispensed with the public forum of the meeting. On motion the meeting was adjourned. Respectfully submitted Donald A. Chase, Town Clerk i