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2005-09-19 SP MTG42 830 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 SPECIAL TOWN BOARD MEETING MTG. #42 September 19, 2005 RES. 444-448 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVSOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN BOARD MEMBER ABSENT COUNCILMAN THEODORE TURNER TOWN OFFICIALS TOWN COUNSEL BOB HAFNER SENIOR PLANNER STU BAKER Supervisor Stec-Councilman Turner will not be at tonights meeting, Councilman Brewer will be late. Change order of meeting- 3.0 Meadows PUD will be first DISCUSSION – MEADOWS PUD Supervisor Stec-Noted that staff has three items to be reviewed in regard to the Meadows PUD Sr. Planner Stu Baker-three issues- 1. Conservation easement on the Golf Course to preserve the open space in perpetuity and in a format that future Town Boards could not reverse this 2. Off Street Parking for the public for those accessing the lot #3 the four acres to be conveyed to the Town. 3. Proposed development by Garth Owen with access of the Dreps Road Off from Bay Road Noted change in proposal; previously 8 units of residential construction and two townhouse buildings plus the office mixed use this evening we are down to just one office building. Attorney John Lapper representing the Meadows PUD, Michaels Group… re: change this had to do with the location of the wetlands on this site, to minimize the building to have a mixed use building to be put in the revised PUD to have either an office or townhouses up to eight or a mix of office down stairs and residential upstairs. Noted this issue is access to Bay Road the man who developed this Mr. Dreps was not required by the Planning Board to provide access..Mr. Dreps told the Planning Board on the minutes that he was going to dedicate this to the Town as a Town Road this is the only access to all four of the lots that was a condition of the Planning Board for the subdivision, now Dreps has come back to Garth Allen and said unless you pay me for part of the cost of the road I will keep this as a private road and you cannot use it. This will not effect the PUD in terms of the uses or even the location it is a site plan subdivision issue for the Planning Board. The best answer would be to come to an agreement with Mr. Dreps regarding the road. Noted there are alternatives for the road if an agreement cannot be reached. Councilman Strough-I do not mind a mixture as long as it is commercial, professional office, retail I would rather not see residential over there. 831 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 Attorney Lapper-Garth Allen just wants to preserve some kind of just want to preserve some development ability there, if it is office it is office that is where he was going to start with. We can amend that to make sure. Noted a woman that has a lot next door has contacted me to submit an application to rezone it to commercial they have someone with a professional office use. Discussion held on Conservation Easement Attorney Lapper-Noted that there could be a conservation easement but you have to get somebody to take it. Queensbury Land Conservancy was contacted and they were not interested. The Town Board can always accept the conservation easement; there is no maintenance involved it does not cost anything. Councilman Boor-In perpetuity is the aspect that needs to be insured. Attorney Lapper-I can certainly on behalf of the owner in the PUD agreement give it up as a condition of the PUD that it will never be developed. Supervisor Stec-We might say in the interest of expediency since you are agreeable to what we want but are concerned about a future Town Board, that we could accept the conservation easement and then work ourselves as a Town Board to give it to someone else in the future. Councilman Boor-Questioned if the Board would carry this through? Sr. Planner Stu Baker-Noted there are a number of conservation groups that might be interested, might have to look toward regional groups. Asked that it be researched if the Town could legally accept a conservation easement, maintenance of a conservation easement actually does take time and money… Attorney Lapper-Noted this would be an easement … the easement would be written carefully so it will say recreational uses are permitted but there is no building permitted. Councilman Boor-The type of improvement would be such that it would be non construction type improvement. Supervisor Stec-It would have to be carefully worded so there would be no structures. Discussion on Access to Property Attorney Lapper-Because of the nature of the stream corridor the area is wetlands… Councilman Strough-It was mentioned of putting parallel parking in… Sr. Planner Stu Baker-That has been discussed and Jim Miller adamant that parking could not be placed on the lot anywhere over there because of the wetlands. Attorney Lapper-It could be placed in the town right of way. Unknown-Noted that an easement was given to the town for sewer line..noted that they park there now. Supervisor Stec-If feasible I would prefer that parking be closer to the stream… Councilman Boor-Questioned if a pull out could be put there? Attorney Lapper-Noted that a wetland permit would have to be obtained. Councilman Boor-What size parking lot would we want there? I am thinking six cars. Supervisor Stec-I would think five or six cars. 832 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 Supervisor Stec- I would prefer a wider shoulder parallel than even parking on the other side of the access. Three options, parking lot here (showed map) dedicated parking lot pull out or parallel parking. My most favored would be get them off the road into a small thing the next the favored would be the parallel parking on a wider shoulder and the third choice would be in a parking lot. The middle option is the best compromise a wider shoulder. Discussion on access road Sr. Planner Stu Baker-As far as this proposed access my preference would be to wait until we know definitively if this is going to be a public road or not. I would not want to have the board approving a PUD based on the design with access via a private road. This design would require an area variance. Attorney Lapper-My response is that the PUD only deals with zoning and the actual PUD Plan is something that the Planning Board is going to have to approve for site plan and subdivision. Mr. Allen-Noted at the Planning Board Meeting it was stated it was a public road. Sr. Planner Stu Baker-It was their stated intent they are not required by the code or by their approval …if they keep it to private it will reduce their lots from five to two. Mr. Allen-Will speak to Mr. Dreps regarding the road. Sr. Planner Stu Baker-I think it is important for the board to keep in mind that the issue of this road and whether it becomes public or private is a private issue that the Board has no responsibility in. Councilman Boor-We cannot give them an ok on a PUD until that is settled. Attorney Lapper-Noted he disagreed that is a private issue because the Town has this access management code. Again in the worse case we can show a driveway and hope that it does not have to get built. Sr. Planner Stu Baker-If we are going to see additional design changes here a driveway through here and removal of the townhouse buildings there do you want to send it back to the Planning Board for additional review? Attorney Lapper-The two townhouse buildings were removed before we went to the Planning Board. Sr. Planner Stu Baker-No they were there for Planning Board review. Attorney Lapper-No, we brought that in. We changed that before the Planning Board. Councilman Boor-We will check on that. Mr. Allen-What will we have to do to satisfy this thing to keep the thing going forward on this PUD, have some kind of an agreement with him, one way or another that we would produce to you? Councilman Boor-If he is not going to go public then you have to alter the map to show how you are going to get to that property. Attorney Lapper-Or Garth would have to say that this cannot be built until that becomes a public road and it may just sit there for five years. It can still be approved as a PUD and he would not go in for site plan on this he would wait and see what happens with the road. 833 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 Councilman Boor-You are going to have to have this on there because we are not going to have one of these things where the guy can’t all of a sudden get into his own property. Attorney Lapper-If Garth cannot reach a compromise that makes financial sense then we will come in with a revision. Sr. Planner Stu Baker-Questioned who would construct the lane for parking? Councilman Strough-The highway department. Supervisor Stec-Regarding timing if you can get that worked out with Mr. Dreps by the end of week, or show an alternative it can be brought up at the next Town Board or the first one in October. Sr. Planner Stu Baker-Mr. Dreps is aware of the need for cross property interconnection and was put on notice with Subdivision Review. Attorney Lapper-We can put a note on the PUD agreement this cannot be built unless and until this becomes a Town Road. Councilman Boor-Do you want to amend the map so that if it never does you have the option to go another route? I would carve it out now … Sr. Planner Stu Baker-Questioned the final determination on the Conservation Easement. Can and should the Town accept the conservation easement? My preference on this would be to have a clear direction to the application so we know what we want to see in the PUD agreement before it’s approved and signed. Councilman Strough-Questioned if anything had been written up on the conservation easement? We need something to work with, a draft… Attorney Lapper-We can draft that and it can say no structures. Mr. Allen is not restricting the property with an easement until the Planning Board approves the subdivision plan for the Michaels Group. The PUD agreement is going to have a condition that there has to be a conservation easement dedicated and it says the Town Board. Supervisor Stec-Do we want to consider the ATV’s ? Sr. Planner Stu Baker-The conservation easement would need to be reviewed by staff and counsel. Attorney Lapper-We will make a proposal and submit it. Supervisor Stec-Consider the items that would make noise, ATV, motorized bikes ..that is not what we would like to see allowed… Mr. Allen-Our intent is to keep the golf course. Councilman Boor-It is our easement, we can say no to anything. Attorney Lapper-Any change of the use of the golf course would require approval of the Town Board. Supervisor Stec-Noted the Board will await the new information… RESOLUTIONS 834 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 RESOLUTION AUTHORIZING TRANSFER OF PROPERTY TO WEST GLENS FALLS EMERGENCY SQUAD, INC. AND ACCEPTANCE OF PROPERTY FROM WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 444, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury owns certain property located on Luzerne Road which it received from the Queensbury Economic Development Corporation (QEDC) as is more specifically described in the deed presented by QEDC, and WHEREAS, the Queensbury Town Board has determined that the proposed Connector Road between Main Street and Luzerne Road is an infrastructure improvement that will provide economic benefit to the Town as part of the Exit 18/Main Street Corridor improvements, and WHEREAS, as part of such Connector Road Project and Main Street Project, and as part of providing emergency medical services to the Town, the Town Board plans to construct a park and ride facility and exchange certain property for the current West Glens Falls Emergency Medical Squad, Inc., (WGF EMS) property on Main Street, and WHEREAS, the WGF EMS has agreed to transfer a .7 acre parcel located on Main Street to the Town of Queensbury for its fair value being approximately $370,000, and WHEREAS, as part of such transfer, the Town of Queensbury has agreed to transfer the 1.34 acre parcel being a portion of the property received from QEDC for a value of $70,000 to the WGF EMS, and WHEREAS, the Town Board wishes to authorize such transfer(s) and WHEREAS, the WGF EMS has agreed to provide a proposed Warranty Deed for such property in form acceptable to Town Counsel, and WHEREAS, the transfer of property from the Town is subject to permissive referendum under Town Law §64(2), 835 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of the .7 acre parcel of land located on Main Street from the West Glens Falls Emergency Squad, Inc., as referenced in this Resolution in accordance with an agreement to be in a form acceptable to the Town Supervisor and Town Counsel using the property’s fair value of $370,000, and BE IT FURTHER, RESOLVED, that such property transfer shall be subject to a permissive referendum in the manner provided in New York State Town Law Article 7, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law, and BE IT FURTHER, RESOLVED, that the Town Board further accepts and approves the transfer of the 1.34 acre parcel being a portion of the property received from QEDC for a fair value of $70,000, to the West Glens Falls Emergency Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and Executive Director of Community Development to take such other and further action as may be necessary to effectuate the terms of this Resolution including the purchase of title insurance for the portion of the Main Street property the Town will receive from the WGF EMS and execute any and all documents necessary to complete this transaction, including, without limitation, any agreement in form acceptable to Town Counsel, Deed, Real Property Transfer Report and Capital Gains Affidavit. th Duly adopted this 19 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner 836 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 Discussion held before vote: Supervisor Stec-The appraisals that were done by the Town and W.G.F. Fire Co. were very close…noted that the Company wanted to use an in use appraisal, that was not accepted by the Town Board, the Board will use the fair market appraisal…the net $300,000 will be needed to pay off first the old mortgage, noted there are two other small loans and we would like to know what the interests rates are, we might want to say pay those off…Budget Officer Switzer-Need to have further information regarding the interest rates and if there is a penalty for early pay off. Supervisor Stec-That information is forthcoming. Discussion was held - Bids on the Building are due the first week of October, the Town Board has requested to review the bids as received…would like to see at least three bids on the project…Councilman Boor- 1.7 is not necessarily what they are getting-the three hundred thousand comes off the price of the building.…Councilman Brewer-Would like to see 1.4 and see the bids when they come out… vote taken RESOLUTION AUTHORIZING SENIOR PLANNER TO ATTEND 2005 GOVERNOR’S OFFICE FOR SMALL CITIES COMMUNITY DEVELOPMENT CONFERENCE RESOLUTION NO.: 445, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Executive Director of Community Development has requested authorization for the Senior Planner to attend the 2005 Governor’s Office for Small Cities Community Development Conference, and WHEREAS, the Queensbury Town Board has authorized allocation of funds for conference expenses within the Planning Department’s 2005 budget, and WHEREAS, in accordance with Town Policy, the Town Board must provide authorization for Town employees to attend overnight conferences located more than 100 miles outside the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Senior Planner to attend the 2005 Governor’s Office for Small Cities Community Development Conference to be held in Niagara Falls, New York in October 2005, and BE IT FURTHER, 837 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and such expenses shall be paid for from the appropriate Town Account. th Duly adopted this 19 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner DISCUSSION - MILEAGE Budget Officer Switzer-Resolution will be forth coming raising the mileage from 40.5 to 48.5 DISCUSSION – LEDGEVIEW - JOHN HUGHES Councilman Brewer-Some months ago Mr. Hughes applied for a building permit for his mobile home park which he has been doing for some twenty years (map shown) for some unknown reason it was discovered that the Town had error in some of the decisions and it was brought to the attention of Craig Brown and Marilyn that this is supposedly not an allowed use in this particular zone. Mr. Hughes talked with staff and told them he had been doing this for twenty years why all of a sudden are we stopping? He called me, we met with Mark and it was verified that we made a mistake where we are now Mr. Hughes would like to know what he can do. It is basically up to this board if we were to change any legislation to allow stick built in this zone or if we didn’t want to allow it- we are here to discuss this issue. Options 1. Amend the zoning code to allow or not allow 2. Make a provision to allow stick built we could limit that to a percentage Councilman Strough-Suggested an overlay district without changing the zoning. Mr. Hughes-The sites are for fifty five and older it is for mostly for retirees … started out and got approvals for a mobile home park we went from double wide mobiles to modular homes and then assessed us as a regular subdivision, if we were going to be assessed for a regular subdivision is it possible to do a stick building and yea why not. We have an RV park and the Village. Councilman Strough-Questioned if the lot shared septics, approved by DEC? Mr. Hughes-Yes. Councilman Strough-How much is built out? Mr. Hughes-Approximately 16 more lots to build. Councilman Strough-All you are looking for is to maintain the status quo. You are not looking to expand for year round over in the seasonal part of this. This would allow what you have now and the sixteen lots to build. Suggested an overlay zone. Councilman Boor-The entire park would have to be an overlay zone. Town Counsel entered the Meeting. Councilman Boor-Questioned if the remaining lots have to be stick built? 838 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 Mr. Hughes-We got approvals for a mobile home park our problem is we no longer have the franchise for mobile homes. The reason for wanting a stick built was because on a modular homes the freight alone to get them there before the gas crunch was almost six thousand dollars. It is cheaper to stick build, they get more for their money. Councilman Boor-Modulars would be allowed in here zone wise? Town Counsel Hafner-Yes. As I understand this has approvals for mobile homes it does not have approval for stick built. Councilman Strough-If the overlay zone is proposed will that have to go before the Planning Board also? Town Counsel Hafner-If we are changing the zoning we go through the Planning Board for a recommendation for other options we may have to go before them for some sort of site plan. Councilman Boor-Are the set back requirements for a mobile home different than for a stick built? Are you meeting the setbacks as if it was a stick frame house or are your set backs as if it is a mobile house but it is stick frame? Mr. Hughes-Right. Councilman Boor-I think it would have to go before the Planning Board. Town Counsel Hafner-I think it is likely that it would have to go the Planning Board but there are different options, if you were doing the overlay zone we asked them for a recommendation…most of the options required a site plan, PUD was an option… Councilman Boor-Can you get away with non-conforming roads in a PUD? Town Counsel Hafner-I think the roads are an issue with an overlay zone. Councilman Strough-A PUD is a mixed use entity….still looking at overlay zone. Councilman Brewer-The question we have to find out can we make it specific to this parcel? Town Counsel Hafner-You can do an overlay zone for the properties that you think are appropriate what staff is concerned with is that you look at arguments from other mobile home parks that are going to want the same sort of treatment and you are going to be facing this all over town and there are reasons for the type of zoning that we have with requiring roads built to town standards, having big enough lots with a stick built house you guys own the underlying land and the people own the house but how do they move it? Mr. Hughes-You do not have to worry about it, we give them a deed for their lifetime and we cannot put them out… Councilman Boor-What happens when they die? Mr. Hughes-It is sold, or the children end up with it. Councilman Strough-What rights do you maintain as the landowner? Mr. Hughes-We get so much a month rather than selling the lot… Councilman Boor-Questioned what happens if they default and the mortgage is paid for? Mr. Hughes-We have never had one default in twenty years. … Councilman Boor-Would you ever consider selling the stick built properties? 839 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 Mr. Hughes-No. Councilman Boor-What kind of controls do you have as far as raising your rental fees? Mr. Hughes-You can only go up to cost of living … Councilman Boor-that is for mobile homes not stick built…raised question what would happen to the rents if the Village is sold? There is nothing to prevent the raising of the rents after they put a house on a foundation. Councilman Strough-It would make more sense if you built the stick built and then rented it out…and they do not own a thing you own all of it. Mr. Hughes – I was down that road already on Bay road that is one reason I did what I am doing now. Councilman Brewer-The best thing to do is to look into the overlay zone. Supervisor Stec-The Board needs to meet with Marilyn Ryba Mr. Hughes-Something like this you cannot just grandfather? Councilman Boor-This is grandfathered, but moving forward it isn’t. Councilman Brewer-This project would not meet present day qualifications. Councilman Boor-How many mobile home parks in Queensbury that are not built out? Councilman Brewer-Not very many. Another option would be a variance… Councilman Boor-You would need sixteen of them. Town Counsel Hafner-It would be hard to get, and to meet the standards. Board Members individually can meet with Marilyn Ryba and Mark Schachner in the next week or so to review this project. DISCUSSION – BLOCK GRANT Supervisor Stec-The Town received another four hundred thousand dollar community block grant. Warren County also received four hundred thousand also. DISCUSSION - LAKE SUNNYSIDE DIST . Town Counsel Hafner-The first step if you decide to go forward with it is to have a map, plan and report done…the resolution authorizing the map, plan and report is subject to permissive referendum…there will be two permissive referendums in this process… Councilman Boor-Questioned how much the map, plan and report will cost? Town Counsel Hafner-Between three and seven thousand…will check with local engineers… Councilman Boor-How long do they have to pay the cost of the map, plan and report back? Town Counsel Hafner- Will have to contact the Comptrollers Office for that answer. Supervisor Stec-I support the concept as long as they support the concept, if you want to get some significant representation of an informal just to re-support this and we 840 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 understand that, this might run us a really rudimentary dollar so they know what they are getting into…Sometime in October can we have a resolution setting a public hearing… DISCUSSION – STATE AND CROSS COUNTRY MEET Councilman Strough-Spoke on the new trails behind the Queensbury School…In November they are going to have the New York State Public High School Athletic Association, Boys and Girls Cross Country State Championship at Queensbury…There will be thirteen hundred contestants who are going to be using the hotels, restaurants…Like to give each one a goodie bag a promotional bag promoting the event and promoting the Town. Mr. Underwood is the site director for this, he is looking for around three thousand for this…questioned if Warren County could share this with us… Supervisor Stec-Q pins…this sort of thing is appropriate for bed tax funds…will contact Mr. Underwood to see if he wants cash or promotional item. Budget Officer Switzer-If it is cash we will need his budget… Councilman Strough-I told him to get a budget together. Supervisor Stec-Noted we may want to have extra promotional items on hand in the Town… Board agreed to support this event. Councilman Brewer-Suggested that the Town have a form that can be filled out for those requesting items such as this … Town Counsel Hafner-Noted anytime you spend the bed tax dollars you need a resolution authorizing the expenditure, and they have to sign a contract. Councilman Boor-Does the County oversee how we spend that? Budget Officer Switzer-Yes. Councilman Boor-Do they have to oversee it before we spend it? Supervisor Stec-No. DISCUSSION – MISC. ITEM Budget Officer Switzer-You will see a resolution forthcoming regarding increase for bill service from $6.00 per mile to $9.00 per mile. Supervisor Stec-Noted that the Board will have an Attorney Client Privilege meeting after this Special Town Board Meeting. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 446.2005 INTRODUCED BY: Mr. Robert Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss unpaid leave request, discuss promotions due to retirements and salaries. 841 SPECIAL TOWN BOARD MEETING 9-19-2005 MTG. #42 th Duly adopted this 19 day of September, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 447.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back into Special Session. th Duly adopted this 19 day of September, 2005 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: Mr. Turner No action taken during Executive Session RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 448.2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 19 day of September, 2005 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES: None ABSENT: Mr. Turner Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury