1989-04-25 aeF
TOWN BOARD MEETING
APRIL 25, 1989
7:25 P.M.
t
BOARD MEMBERS PRESENT
STEPHEN BOR GOS-SUPER VISOR
MARIL YN POTENZA-COUNCILMAN
RONALD MONTESI-COUNCILMAN
BETTY MONAHAN-COUNCILMAN (orrived at 7:45 P.M..)
iOARD MEMBERS ABSENT
".EORGE KUROSAKA-COUNCILMAN
TOWN ATTORNEY
PA UL D USEK
TOWN OFFICIALS
Hurry Hansen, Paul Naylor, Dave Hatin, Kathleen Kuthe
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PRESS: Channel 8, G.F. Post Star
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS
RESOLUTIONS
IONS
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RESOLUTION TO PROCLAIM GRANGE WEEK
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RE-SOL UTION NO. 239, Introduced by the entire Town Board. _ f
WHEREAS, the GRANGE serves us binding hand of friendship and each member that joins 1
the Order enters on on equal basis, and
WHEREAS, the GRANGE shares resources, talents; and skills in providing leadership in the
community, state and nation, and
WHEREAS, the GRANGE has always met together, talked together and worked together for
__'lormony, goodwill, and brotherhood, and
WHEREAS, the GRANGE wants to continue being a leader in agriculture, community and
family affairs, and
WHEREAS, the GRANGE holds high its motto: "In essentials Unity, in non-essentials Liberty,
and in all things Charity," and believes in the Americon Way of Life, `
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NOW, THEREFORE BE IT
RESOLVED, that i, Stephen Borgos, Supervisor of the Town of Queensbury, do hereby proclaim
the period from April 23 through April 29, 1989, as GRANGE WEEK, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury offers its congratulations and
appreciation to MOHICAN GRANGE #1300 which has completed 75 years of service to the
citizens of the Town of Queensbury.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Burgos
Noes: None
---Absent: Mr. Kurosoko, Mrs. Monahan
RESOLUTION TO AMEND ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS
RESOLUTION NO. 240, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Mon tesi.
WHEREAS, Ordinance No. 30 of the Town of Queensbury and its amendments dated April
22, 1980, August 24, 1982, September 23, 1988, and October 25, 1988 provided in Section
5. for fees to be charged in connection with applications for the issuance of building permits
and other types of building-related permits, and
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WHEREAS, it appears appropriate to amend the said ordinance Section 5 to establish, increase
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or delete certain fees and add additional wording, and
WHEREAS, the Town Board of the Town of Queensbury duly called a public hearing for the .
consideration of the aforesaid amendment and duly gave notice thereof required by law, and
WHEREAS, said public hearing was held by this Town Board of the Town of Queensbury at
the Town Office Building, Bay at Hoviland Roads, Queensbury, New York, on the 11th day {'
of April, 1989 at 4:00 P.M., R ".
NOW, THEREFORE BE iT :.
RESOLVED, that the ordinance No. 30 of the Town of Queensbury and amendments dated
April 22, 1980, August 24, 1982, September 23, 1988, and October 25, 1988 be and the some
hereby is amended so that Section 5 shall read in accordance with the schedule presented
at this meeting, a copy of the some to be annexed to the minutes of this meeting, and
BE IT FURTHER '
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RESOLVED, that the said amendment and change will take effect immediately, and
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BE IT FURTHER
RESOLVED, that the said amendments be entered in the April 25th, 1989 minutes from the
Town Board of the Town of Queensbury Board Meeting, and that the Town Clerk publish a
certified copy of the amendment of the ordinance in the official newspaper of the Town and
publish such notices as may be required by low.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos
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Noes. " None
Absent: Mr. Kurosoko, Mrs. Monahan
DISCUSSION BEFORE VOTE:
SUPERVISOR BORGOS-Concerned with the concept that's involved with the amusement rides,'
the liability of the Town if we do inspections on the footings. Questioned the Town Attorney
if this has been addressed? `
ATTORNEY DUSEK-1've placed several phone calls to the Building and Code Division for
the State of New York, but due to the fact that they were unavailable or I was unavailable ;°i
at the time, we haven't been able to resolve this issue. I'd like to propose to the Board that =;
perhaps the amusement ride and fee related there to, be deleted and later address this issue
when the questions concerned are answered.
COUNCILMAN MONTESI-Would not like to see these amusement rides go up without any
kind of inspection at all. '
SUPERVISOR BORGOS-There is something in place at the moment where by the Building
Department can request me to retain an engineer to look at this and consult with the Building
Department.
COUNCILMAN POTENZA AND COUNCILMAN MONTESI agreed to amend the resolution
be deleting amusement rides and its fee from the Building Department Fee Schedule
REQUIREMENTS FOR OBTAINING A
BUILDING PERMIT "_
THE FOLLOWING iS TO BE SUBMITTED WITH BLDG. PERMIT APPLICATION: 0k
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1. TOWN PLOT PLANS Drawn to scale, showing:
A. Lot boundaries with dimensions and adjacent rood(s) or street(s).
B. All existing and proposed structures, with setbacks from property lines. :'
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C. Locotion of existing or proposed water lines and septic systems.
2. TWO SETS OF BUILDING PLANS with elevations and sectional drawings, one sectional
drawing for each roof line.
3. An application for electrical inspection to one of the three electrical inspection companies
allowed by the Town of Queensbury to do the inspections.
4. NEW YORK STATE ENERGY CONSERVATION CODE COMPLIANCE with complete information.
5. SEPTIC DISPOSAL PERMIT APPLICATION with complete information.
6. FEE, as per schedule below (checks to "Town of Queensbury").
7. BUILDING & ZONING PERMIT APPLICATION, all portions to be completed.
8. DRIVEWAY PERMIT FOR NEW CONSTRUCTION.
20% OF FEE RETAINABLE FOR ANY WITHDRAWN PERMIT
NO FEE REFUNDABLE AFTER ONE YEAR
ALL CONSTRUCTION SHALL CONFORM TO THE NEW YORK STATE UNIFORM FIRE
PREVENTION AND BUILDING CODE, THE NEW YORK STATE ENERGY CODE AND THE
TOWN OF QUEENSBURY ZONING AND SANITARY SEWAGE ORDINANCE.
FEE SCHED UL E
(All Fees Figured to the nearest 100 Sq/Ft)
One/Two Family Dwellings, Including modular $12.00 1st Floor
Per 100 Sq/Ft (Certificate of Occupancy Included) $10.00 per additional floor
Townhouses/Condominiums/Apartments/Multi Dwellings $14.00 1st Floor
Per Dwelling Unit, Per 100 Sq/Ft (Certificate of $12.00 per additional floor
Occupancy Included)
-Comm ercial/Mercantile/lndustriol/Pubtic Assembly/ $15.00 per 100 Sq/Ft
Day Cure Centers ($3,000 Maximum Fee) per Floor
Garages (Certificate of Compliance Included) $25.00 One Car
$35.00 Two Car
$50.00 Three Car
$70.00 Four Car
Swimming Pools (Certificate of Compliance Included) $35.00 In-Ground
$25.00 Above Ground
Sewage Permit Residential $25.00
Commercial
(other than Single Family) $35.00
Docks (Certificate of Compliance Included- Dock only) $30.00
$50.00 Bouthouse/Deck
Addition per floor Commercial $10.00 per 100 SgZFt
Residential $8.00 per 100 Sq/Ft
(Certificate of Occupancy Included)
Alterations Commercial $5.00 per 100 Sq/Ft
Residential $4.00 per 100 Sq/Ft
(Certificate of Occupancy Included)
Sign Permits $2.00 per Sq/Ft
$35.00 Minimum
Temporary Sign Permits $35.00 Fee
$50.00 Deposit
Decks/Porches (Certificate of Compliance) $8.00 per 100 SgZFt
$15.00 Minimum Charge
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Mobile Home Single/Double wide $6.00 per 100 Sq/Ft
(Certificate of Occupancy Included, If no septic, $25.00
subtract $25.00)
House Moving Permit Before Move $30.00
A f ter Move (If relocated in Town) $50.00
Tools & Storage Sheds, Permanent or Portable, $15.00 10 1-24 0 Sq/Ft
Wood or Metal (No Charge for Shed under 101 Sq/Ft
(Certificate of Compliance Included)
Certificate of Occupancy Residential $25.00
Commercial $50.00 —
Temporary Certificate of Occupancy $100.00 Deposit
(Expiration to be determined by circumstances) $10.00 Fee
Certificate of Compliance and Use $10.00
Expired Permit Renewal (if not Permit Extension) $25.00
Demolition $20.00
Variance Application for Sewage Ordinance $35.00
Flood Plain Permit $25.00
Final Inspection Due to damage caused by
fire or natural causes $10.00
Solid Fuel Burning Permit and Installation of
Chimneys $25.00
Special Projects Permit $100.00
(Fire Marshal Only)
RESOLUTION ADOPTING NEGATIVE DECLARATION FOR PROPOSED LOCAL LAW
RESOLUTION NO. 241, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, the Town Board of the Town of Queensbury is presently considering the adoption
of a Local Law on Planning Board agenda control and review of site plan applications and
preliminary and final plot applications superceding Town Law Section 274-o2, Section 276(3)
and 276(4), and
WHEREAS, John Goralski, Town Planner, has prepared an environmental assessment form
on the proposed Local Law, and
WHEREAS, the Town Board of the Town of Queensbury has considered the environmental
form for the enactment of this Local Low and determines that the Local Law shall have no
significant environmental effects,
NOW, THEREFORE BE IT
RESOL VED, that the Town Board of the Town of Queensbury hereby adopts the annexed negative
declaration, authorizes the Town Supervisor to sign such determination, and
BE iT FURTHER
RESOLVED, that copies of the negative declaration be filed with such governmental agencies
as may be required by law.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO ENACT LOCAL LAW NO. 3 OF 1989 REGARDING PLANNING BOARD
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AGENDA CONTROL
RESOLUTION NO. 242, Introduced by Ronald Mon tesi who moved for its adoption, seconded
by Marilyn Potenza.
WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law
regarding Planning Board Agenda Control, review of site plan applications and preliminary
and final plot applications superceding Town Law Section 274-o, Section 276(3) and Section
276(4), and
WHEREAS, John Gorolski, Town Planner, prepared an environmental assessment form with
respect to the proposed action and the Town Board has considered the some and determines
-- that the proposed local law will not have a significant effect on the environment, and
WHEREAS, on April 24, 1989, a public hearing with regard to the proposed Local Law was
conducted, and
WHEREAS, a copy of the proposed Local Law with all provisions has been presented to this
meeting,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby enacts Local Law No.
3, a copy of the same being presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Clerk for the Town of Queensbury is hereby directed to file the
said Local Low with the New York State Secretary of State in accordance with the provisions
of the Municipal Home Rule Low.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka, Mrs. Monahan
LOCAL LAW REGARDING PLANNING BOARD REVIEW OF SITE PLAN APPLICATIONS AND
PRELIMINARY AND FINAL PLAT APPLICATIONS SUPERCEDING TOWN LAW SECTION
274-42) AND SECTION 276(3) and 276(4)
SECTION 1. Purpose. The purpose of this local low is to suspend on a temporary basis and
for the period that this local law is in effect, the requirements of the New York State Town
Law which require the Town of Queensbury Planning Board to hold a public hearing within
forty-five (45) days of the receipt of an application for site plan approval or on application
for subdivision plat approval and which further require that the Planning Board file its decision
within forty-five (45) days of said public hearing.
SECTION 2. Legislative History. As a result of the explosive development in the Town over
the previous several years, the number of applications for site plan approval and subdivision
opprovul submitted to the Planning Deportment and Planning Board have increased several
fold. The time constraints imposed pursuant to Town Law Section 274-o and Section 276
have rendered it impossible to adequately and thoroughly review each application within the
time limits imposed. This has resulted in more than doubling the number of Planning Board
meetings held each month and has taxed the abilities of the Planning Department and the
largely volunteer Planning Board to their limits. A relaxation of the aforesaid time constraints
is necessary to provide for the adequate and thorough review of said application so as to safeguard
the health, safety and welfare of the public.
SECTION 3. General Laws Superceded. This local law sholl supercede those provisions of
Town Law Section 274-a(2) that require the Planning Board to fix a time within forty-five
(45) days from the day an application for site plan approval is made for the public hearing
of the matter and which further require the Planning Board to decide the some within forty-five
(45) days after such hearing or after the application is filed if no hearing has been held. This
Local Law shall supercede those provisions of Town Low Section 276 (3) and Section 276 (4)
which require the Planning Board to hold a public hearing within forty-five (45) days of receipt
of a preliminary or final plat and which further require the Planning Board to approve with
or with out modification or disapproval said preliminary or final plot within forty-five (45)
days of ter the date of such hearing.
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SECTION 4. Procedure to Apply to Planning Board Review. Upon receipt of an application
for site plan approval or upon receipt of on application for preliminary or final plot approval,
the Planning Board shall conduct its review and make it decision in accordance with the provisions
of the General Municipal Low and Town Low of the State of New York, as in the case ore
made and provided, except that the forty-five (45) day time limitations contained within
the Town Low Sections 274-o(2), 276 (3) and 276(4) shall not apply. The procedures to be
applied to said applications for site plan approval or preliminary or final plat approval shall
be those established by the Planning Board in accordance with Section 5 of this Local Low.
SECTION 5. Procedures before the Planning Board. Pursuant to Town Low Section 272, the
Planning Board shall, within sixty (60) days of the effective date of this Local Low adopt
such rules and regulations, of ter a public hearing by the Planning Board and subject to approval
of the Town Board, regarding the procedures applicable upon receipt of applications for site
plan approval and upplicutions for preliminary or final plot approval regarding the time within
which a public hearing is to be scheduled, if at all, and further regarding the time within
which the Planning Board is to make its decision. Said rules and regulations to be promulgated
Shull be consistent with the intent of Town Law Sections 274-a and 276 to the extent that
a clear and consistent time frame shall be established to review said applications and make
decisions thereon.
SECTION 6. Effective Date. a. This Local Low shall take effect immediately. b. this
Local Law shall expire, be void and of no effect ut midnight on the second annual anniversary
dote of its enactment. Nothing in this porogruph shall be deeded to preclude the reenactment
of this Local Law on such terms us may be deemed advisable by the Town Board.
RESOL UTION OF COMMENDATION - C.R. BARD INCORPORATED
RESOLUTION NO. 243, Introduced by the entire Town Board.
WHEREAS, USCI Angiogruphic Systems Division, C.R. Bard Incorporated, operates a manufacturing
facility in the Town of Queensbury and for moray years has been a major employer in the Town
and u valuable member of the Queensbury community, and
WHEREAS, C.R. Bard, Incorporated, has recognized the value of volunteer firefighters and
emergency medical service personnel, and
WHEREAS, C.R. Bard, Incorporated, has instituted a policy of excusing volunteer firefighters
and emergency medical technicians during work hours when emergencies require their presence,
and
WHEREAS, C.R. Bard, Incorporated, has regularly permitted firefighters, Imre Tobias and
Richard Jones, to leave work when their services ore required, and
WHEREAS, C.R. Bard, Incorporated, has also regularly permitted Diane Lovett and Scott
Cornell, Emergency Medical Technicians, to leave their jobs when their units must respond
to emergency situations, and
WHEREAS, C.R. Bard, Incorporated, releases the employees without reducing their pay,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, hereby commends the officers
and directors of C.R. Bard, Incorporated, for their dedication to the efforts of volunteer
services in the community.
Duly adopted this 25th day of April, 1989, by the following vote: r
Ayes: Mrs. Potenzu, Mr. Montesi, Mr. Borgos
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Noes: None
Absent: Mr. Kurosuku, Mrs. Monahan
RESOLUTION TO APPROVE PURCHASE OF NEW FORD TANKER FOR NORTH QUEENSBURY
VOL UNTEER FIRE COMPANY, INC.
RESOLUTION 244, Introduced by Marilyn Potenza who moved for its adoption, seconded by
Ronald Mon tesi.
WHEREAS, the Town of Queensbury and North Queensbury Volunteer Fire Company, Inc.,
have entered into u contract for the year 1989 for the provision of fire protection services
for u portion of the Town of Queensbury by the North Queensbury Volunteer Fire Company,
243
Inc., and
WHEREAS, pursuant to paragraph 5 of the aforementioned contract, the Fire Company agreed
not to purchase or enter into any binding contract to purchase any piece or apparatus of equipment
at a cost exceeding the sum of $50,000.00 without prior approval of the Town Fire Study
Committee and of the Town Bourd of the Town of Queensbury, and
WHEREAS, the North Queensbury Volunteer Fire Company, Inc., has proposed to purchase
a new Ford Tanker pursuant to the specifications annexed to this resolution, and
WHEREAS, the Fire Study Committee has voted unanimously to accept the specifications
for said Ford Tanker,
NOW, THEREFORE BE IT
RESOL VED, that the Town Board of the Town of Queensbury hereby approves of the purchase
of the uforedescribed new Ford Tanker by the North Queensbury Volunteer Fire Company,
Inc., in accordance with the terms of the contract with the North Queensbury Volunteer Fire
Company, Inc., but the Town Board does not, by this resolution, obligate the Town of Queensbury
for the purchase of said new Ford Tanker, and adopts this resolution with the understanding
that the North Queensbury Volunteer Fire Company, Inc., will arrange for payment of the
some with its funds.
Duly adopted this 25th day of April, 1989, by the following vote:
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Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka, Mrs. Monahan
RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT
OF RESOLUTION AUTHORIZING AND FUNDING RECREATIONAL PROJECT(HOVEYPOND
PARK)
RESOLUTION NO. 245, Introduced by Ronald Montesi who moved for its adoption, seconded .
by Marilyn Potenza.
WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing and funding
a recreational project for Hovey Pond Park development to consist of:
1. Development of a smuller, deeper pond;
2. Additional park open areas; and
WHEREAS, the above-proposed action is on unlisted action under the New York State Environmental
Quality Review Act (hereinafter "SEQRA"), and
WHEREAS, a Short Environmental Assessment Form pertaining to the action has been presented
to the Town Board of the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury has considered the Short Environmental
Assessment Form,
NOW, THEREFORE BE IT
RESOL VED, that:
1. the action is subject to review under the State Environmental Quality Review
Act,
2. it is necessary for ENCON to be involved for the issuance of an Article 15
Title 5 permit,
3. no other state or local agencies appear to be involved,
4. a federal agency does not appear to be involved,
5. the project is on unlisted action,
6. the preparation of v short environmental assessment form is satisfactory for
the review of the action pursuant to SEQRA,
7. after reviewing the questions on the environmental assessment form, it is hereby f
determined that the action will hove no significant environmental impact,
8. the Town Supervisor is hereby authorized and directed to execute and file
as necessary a negative declaration indicating that the action will have no
significant adverse environmental impacts.
Duly adopted this 25th day of April, 1989, by the following vote:
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Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos
Noes: None
Absent: Mr. K urosaka, Mrs. Monahan
COUNCILMAN MONAHAN entered meeting.
RESOLUTION AUTHORIZING PROJECT AND WITHDRAWAL FROM RECREATION CAPITAL
RESERVE FUND
RESOLUTION NO. 246, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, the Town Board of the Town of Queensbury has previously established a capital
reserve fund for future recreational developments known as anew recreational facility capital
construction account, and
WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys
from the said reserve account in the amount of $25,000.00 for a specific capital improvement
and certain items of equipment for the following recreation project: Hovey Pond Park, development
to consist of :
7. development of smaller, deeper pond and additional park open areas (services
needed for project will be architectural design services); and
WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the
General Municipal Low of the State of New York to withdraw and expend funds from the
aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth
therein,
NOW, THEREFORE BE IT
RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the recreation
project as aforedescribed for Hovey Pond Park in the total amount of $25,000.00 for the particular
work previously described, and
BE IT FURTHER
RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes and directs
the Town Supervisor of the Town of Queensbury to establish a separate capital project fund
for the project authorized and
BE IT FURTHER
RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal
and expenditure from the aforesaid capital reserve fund in the amount of $25,000.00 to fund
the aforedescribed project, such funds to be placed into the capitol project fund to be established
pursuant to this resolution, and the Town Board of the Town of Queensbury hereby further
directs that in the event there are funds remaining in said capital project fund after the completion
of the project or in the event that said project is not undertaken, the moneys in the capital
projects fund shall be returned to the capitol reserve fund, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal
and expenditure for the previously identified recreation project at Hovey Pond Park is an
expenditure for a specific capital project or items of equipment for which the reserve account
was established, and
BE IT FURTHER
RESOLVED, that the resolution shall be subject to a permissive referendum in accordance
with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury
is hereby authorized and directed to publish and post such notices and take such other actions
us may be required by law.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs., Monahan, Mr. Burgos
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Noes: None
Absent: Mr. Kurosaku
RESOLUTION AUTHORIZING TRANSFER OF FUNDSFROM GENERAL FUND TO CAPITAL
PROJECT FUND AND AMENDING 1989 BUDGET
RESOLUTION NO. 247, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Betty Monahan.
WHEREAS, there has been previously established a Capital Project Fund, identified as the
Construction Fund for the Town Office Building and the Town Board of the Town of Queensbury
is desirous of authorizing the transfer of funds from the General Fund to the said Capital
project fund and amending the budgets accordingly,
NOW, THEREFORE BE IT
RESOL VED, that the Town Board of the Town of Queensbury hereby increases uppropriations
in the General Fund interfund transfer account by $276,000 and increases the appropriated
fund balance in the General Fund by $276,000 and the 1989 Town of Queensbury budget is
hereby amended accordingly, and
BE IT FURTHER
RESOL VED, that the Town Board of the Town of Queensbury hereby increases appropriations
in the Capital Project fund identified us the Construction Fund for the Town Office Building
by increasing appropriations in account number H3 7 745 1620300 in the amount of $276,000
and increases estimated revenue for said Capital Projects fund in the amount of $276,000,
the source of the funding to come from a transfer of funds from the General Fund, and the
1989 budget for the said Capital Project fund is hereby amended accordingly, and
BE IT FURTHER
RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor to transfer funds from the General Fund to the Capital Project fund known as
the construction fund for the Town Office Building in accordance with the terms of this resolution,
--and
BE IT FURTHER
RESOLVED, that Resolution No. 234 adopted April 24, 1989 is hereby rescinded.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosoku
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO CAPITAL
PROJECT FUND AND AMENDING 1989 BUDGET
RESOLUTION NO. 248, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
WHEREAS, there has been previously established a Capital Project Fund identified as that
fund established for tax reevaluation purposes and identified as an H 35 Account and the
Town Board of the Town of Queensbury is desirous of authorizing the transfer of funds from
the General Fund to the said Capital project fund and amending the budgets accordingly,
-- NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations
in the General Fund interfund transfer account by $6,303.00 and increases the uppropriated
fund balance in the General Fund by $6,303.00 and the 1989 Town of Queensbury budget is
hereby amended accordingly, and
BE IT FURTHER
RESOL VED, that the Town Board of the Town of Queensbury hereby increases appropriations
in the Capital Project fund identified us that fund established for tux reevaluation purposes
246
and identified as on H 35 Account by increasing appropriations in said occount in the omount
of $6,303.00 and increases estimated revenue for said Capital Projects fund in the amount
of $6,303.00, the source of the funding to come from a transfer of funds from the General
Fund, and the 1989 budget'for the suid Capitol Project fund is hereby amended accordingly,
and
BE 1T FURTHER
RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor to transfer funds from General Fund to the Capital Project fund known as H 35
Tax Reevaluation Fund in accordance with the terms of this resolution.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosoku
RESOLUTION TO APPOINT PART-TIME SECRETARY FOR ADDITIONAL HOURS
RESOLUTION NO. 249, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Betty Monahan.
WHEREAS, the Town Board of the Town of Queensbury, on Murch 7, 1989, passed a resolution
authorizing the Town Attorney to hire a port-time secretary, said secretary to work no more
than 20 hours per week,
NOW, THEREFORE BE iT
RESOL VED, that said resolution hiring the part-time secretary in the Town Attorney's office
be amended such that suid secretary may be employed to work for as many hours per week
us may be deemed necessary by the Town Attorney.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosuko
COMM UNICA TIONS
BID OPENING - RECREATION- FENCE FOR RIDGE ROAD PARK
IIFH Construction
Glens Falls, NY $11,434.00
(Non-Collusive not signed) Cert. Check $572.00
Butler Fence Co.
Syracuse, N Y $15,887.00
(Non-Collusive attached) Cert. Check $800.00
Ltr from Harry Hansen with recommendation to accept the bid of HFH Construction-on file
L TR from HFH Construction, Certification of Non-Collusion-on file
SUPERVISOR B OR GOS-Questioned the Town Clerk what did appear on the Non-Collusive?
TOWN CLERK DOUGHER-Page 7 of the Non-Collusive was signed, the second was not but
had the corporate seal. Noted that she did receive the Non-Collusive properly signed at a
later date.
ATTORNEY DUSEK-The Board has the right to determine as to whether you feel this is a
technical error or a deliberate action of not completing the documentation. If you feel this
is a technical error, I feel you can accept the bid. Suggested to the Board that the Town
Board pass a resolution with the understanding of the error.
Town Board agrees this is a technical error.
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RESOLUTION REGARDING NON-COLL USIVE, RIDGE ROAD PARK
RESOLUTION NO. 250, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
RESOL VED, that the Town Board of the Town of Queensbury hereby finds that the unsigned
Non-Collusive submitted by HFH Construction regarding the bid on Ridge Road Park fencing
is a technical error, not prejudicial to the parties and inclines that the Board can pursue to
award the bid to HFH Construction.
lily adopted this 25th day of April, 1989, by the following vote:
—yes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosuku
RESOL UTION TO ACCEPT BID FOR FENCING AT RIDGE ROAD PARK
RESOL UTION NO. 251, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York, duly advertised for bids for the construction and installation of a fence and the supplying
Of all materials, including the fencing, labor and equipment to install fence enclosures for
outside perimeters/softball fields, at Ridge Road Park, Jenkinsville Road, Queensbury, New
York as more specifically identified in the proposed contract documents in possession of the
Town Clerk of the Town of Queensbury, and
WHEREAS, the firm of HFH Construction Company, Inc., submitted the lowest bid for the
said fencing, a copy of the bid being attached hereto,
NOW, THEREFORE BE IT
'SOL VED, that the Town Board of the Town of Queensbury, Warren County, New York,
,reby awards the contract for the above-soid construction and installation of a fence and
--me supplying of all materials at Ridge Road Park, to HFH Construction Company, Inc., per
the advisement of Mr. Harold Hansen, Director of Parks and Recreation for the Town of Queensbury,
in the amount of $11,434.00, and said construction and installation shall be paid for from
the Department of Parks and Recreation Capital Projects Account.
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosuka
BiD OPENING- HIGHWAY - TRAFFIC SIGNAL, BAY AT HAVILAND ROADS
Stilsing Electric, Inc. Proposal A $48,600.00
Rensselaer, NY Proposal B $29, 700.00
Non-Collusive Bid Bond 5%
N. Y. Fire & Signal Proposal A $54,215.00
Proposal A-2 $62,695.00
Proposal B $46,625.00
rn-Collusive Bid Bond 5%
�R from Highway Dept., with request that the Town Board table the bids-on file
RESOLUTION TO TABLE BIDS ON TRAFFIC SIGNAL
RESOL UTION NO. 252, Introduced by Ronald Montesi who moved for its odoption, seconded
by Marilyn Potenza.
RESOL VED, that the Town Board of the Town of Queensbury hereby tables the bids submitted
for the proposed Traffic Signal at Buy and Haviland Roods by request from the Superintendent
of Highways, Paul H. Naylor, until further input on the specifications are received.
248
Duly adopted this 25th day of April, 1989, by the following vote:
Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosuku
L TR - Petition against Gravel Extraction - on file
SUPERVISOR BORGOS-Noted that the Town of Queensbury has a no burning ordinance. Would
like to remind the residents that there is no open burning permitted. It is illegal and will
be enforced.
s`
a°
249
WEST MOUNTAIN PUBLIC HEARING
SUPERVISOR BORGOS I apologize again for our tardiness in starting this meeting it was
stated for 7:30 we appreciate your patience. Before we begin I
would like to introduce some guests who are with us this evening
from the Town of Lake Luzerne who have come over the mountain
to be with us I cannot see them from here, I would like to introduce
and maybe you would raise your hands to see who you ore, Victor
Grant, Supervisor, it looks like Harold Hayes, Town Board Member,
...Thomas Deihl, Town Board, Robert Livingston, Town Board, Horace
Washburn, Member of the Town Board, David Krogmonn Town Attorney.
Some of you may not realize this that we have a very special relationship
with the Town of Luke Luzerne with respect that u major part
of the proposed West Mountain development will take place in
Lake Luzerne and we agree in what ever we do as we follow on
through this process we will agree on nothing that is less restrictive
than that which is requested by the Town of Lake Luzerne. Any
restrictions placed on this project, if indeed it is permitted must
be with the approval of the Town of Luke Luzerne and may be
indeed be more severe than what we would otherwise impose.
I think that is a sign of very important cooperation between two
municipalities. We have two public hearings now, the first one
deals with the supplement to the Draft Environmental Impact Statement
related to this project. This is, I will hold it up, the supplement
to the Draft Environmental Impact Statement, this supplement
is specifically related to traffic. At this first public hearing will
be accept comments or brief questions related only to traffic,
we will ask that you hold all other questions to the second public
hearing that follows immediately thereafter. A reminder that
this is a public hearing it is not a debate we will be delighted to
hear your comments related again to the first case traffic you
may speak for a long as you want we ask only that you come forward
to the microphone and state your name and address and say what
you would like to say. If you should have a brief factual type question
such as is it true that they are proposing a road in a certain place
then we will ask the developer if they would like to address that.
If they wish we will give them the opportunity to do that, if not
we will simply make that a question, part of the record, that someone
of the developers will respond to at a later date. No one is trying
push anybody anywhere, we purposely requested a very comfortable
room, we have our sleeping bugs I hope you have yours, it may
be awhile. With that said i will ask the developers is there anything
you wish to say at the beginning of this portion? 1 am getting old
... Mr. Fosbrook would you introduce yourself, name and address
please.
MR. L YNN FOSBROOK- Is this on, My name if Lynn Fosbrook I am the consultant to the
developers of the West Alt. project and I would like to thank the
Town Boards of Queensbury and Luzerne for the opportunity to
speak on behalf of the developer this evening. Speaking to the
issue of traffic which I think is one
UNKNOWN- Speak up.
MR. L YNN FOSBROOK- Certainly (microphone adjusted) Is that a little better? I will
try to give a site or over view process, certainly there is not enough
time to go over every detuil of the project, as it is explained the
second supplement but as part of the preparation of the environmental
impact statement the traffic study as it relates to the West Mt.
Project as commissioned by the developer and this is data and accumulated
data over a period of time, not only the study but of the highway
meetings that were held during the period of time that the study
was conducted and it is in the second supplement that is the focus
of the public hearing this evening. ...the traffic engineering consultant
of Delmar conducted the study and in their original study surmised
that there were two primary routes to the project site, the sites
access is about three miles from the Village of Corinth, Call Street
or as we probably know a little bit better Corinth Mountain Rood
with two travel routes focused on exit 16 and exit 18 off the Northwoy
their initial study concluded that the primory flow of traffic to
the site would be
250
through the exit 16 travel route. A t the request of the Queensbury
Planning Board we were asked to go back and conduct another
study with the some scenario toward exit 18. After doing this we
felt that we were obliged to assembly a group of experts to analyze
this data ... experts from the Town of Queensbury, the Counties
of Warren, and Saratoga as well as N. Y. State Dept. of Transportation
the consults for the Town of Queensbury and the developers were
organized and met on a routine basis to discuss the data as it was
presented and also to generate further data as it was required.
The consensus of the first part of this group was that both of these
scenarios did have merit it was very difficult to predict the ...the
initial port of the period exactly which routes the traveling public
would take to the site. Certainly ten or twenty years would be
most unpredictable and as what might be the shape of the Town
and the infrastructure of growth in the Town as we know it. Nevertheless
it was determined with on going monitoring and further discussion
of traffic should be conducted. We were advised that the group
known as the Greater Glens Falls Technical Advisory Committee
existed and many of the engineers and traffic experts that were
part of this assembled committee as well as community leaders
were represented on this panel. It was thought that this group
was the proper group to digest the data that was presently available
and also analyze data that was generated on an ongoing basis by
studies that would be funded by the developer. The previous panel
could determine exactly when and where improvements were required
and dictate timing of those improvements. Further the developer
was willing to pay a pro-rata shore for all cost of those improvements
one agreement that was generally, one consensus that was generally
agreed upon was that certain improvements to exit 18 and along
the length of the Corinth Road to the access site will be a requirement.
But, a further issue and one that I think that most people were
very concerned about was that there was not a need generated
to appear even change the two lone character of West Mt. Road.
Versus just a general process that has been going on that we wanted
to explain to you how we arrived at some of the data that is in
the second supplement.
SUPERVISOR BORGOS- Thank you very much. Now we ore open to anyone that I do not
care who you are just tell us for the record.
Anyone that wishes to make a comment please use the microphone,
even my good friends if I do not recognize you it is because I cannot
see please accept by apologies.
MR. DAN MEAD- My name is Dan Mead and live up on Northwest Road and I am
a retired lawyer I moved up here from Schenectady in 1983 and
I wanted to find a community that had on expanding tax base with
new jobs, you probably read about what is happened in Schenectady
with one main industry and the people down there ore suffering
one horrible tax burden. Even though I was raised there I could
not afford to live there any longer. The point that I am trying
to make is that in my point of view the West Mt. Development
really will not be noticed by the much, my many of us. The traffic
problems, the traffic problems ore already there at exit 18 and
19 something has to be done whether West Mt. comes or doesn't
come. I was just pleased that I am in a area where Town Boards
are aware of these needs so that we can all stay here and enjoy
our homes and communities that we have. I think it will be a good
project. Thank you.
SUPERVISOR BORGOS- Thank you very much. Generally speaking that will be the only
comment we will be making is thank you. Is there anyone else
who wishes to speak about the Traffic concerns? ...just traffic
at this point any concerns or questions about traffic, positive or
negative comments, yes.
MR. DREW MONTHIE- My name is Drew Monthie, I am a resident of Queensbury, and
tonight I am here representing the Queensbury Association. The
gentlemen that just spoke about the exit 16 vs. 18 it says in here
if you refer to page 3 of the SE/S on the bottom exit 16 in indeed
31 miles shorter than the other route, however I have driven this
probably about 10 times since I spoke to you at the lost hearing
and unless one exceeds the speed limit greatly which is about 25
m.p.h. on most of the route there is no way that this is a quicker
251
route actually it is about 15 minutes longer and I did happen to
drive this, this winter when there was a lot of ice and snow on
the road and twenty five miles per hour was impossible it was about
15. They say that exit 16 would comprise about 38% of the traffic
and I find that totally unbelievable having driven it myself that
anyone is going to bother to travel that route when they can take
the much more convenient quicker route up to exit 18 and up Corinth
Road. If you refer to page 7 under property acquisition at the
bottom of the paragraph it says all improvements proposed within
Warren County can be accommodated without property takings.
However there is a letter inside of the impact statement in the
front here and if you refer to the second, or the paragraphs entitled
property acquisitions on the first page it says at the Planning Board
Meeting on March 7th 1989 Fred Austin, Supt. Warren County Department
of Public Works clarified this issue, this is about property acquisition
by stating that acquisition of some right of ways would probably
be necessary for the recommended approvements to be constructed.
Mr. Austin recommends in his memo that potentially needed right
of ways be identified and that measurers be taken to obtain temporary
... This is kind of a contradiction when here it says there is no
need to take property and here the County Highway Supt. says
indeed there is. If there is then the developer should identify each
parcel of property and who is going to be effected by this. Page
8 if you look at the second paragraph down it says, Construction
traffic may also generate noise, which I understood in the draft
environmental impact statement which would mean blasting since
large portions of this development would hove to be carved out
of the side of the mountain, will generate noise, dust and contribute
to congestion and delay. However these impacts would be intermittent
and short term. But this is a twenty year project. Perhaps the
developer thinks these are short term but what about the residents
of the area who have to live with this. The bottom of page 8 it
says, combining traffic generated by the project along with a 3%
growth rate in background traffic over a 20 year period, we now
since found no justification to widen West Mountain Road. The
excess capacity on West Mountain Road is so great that even with
- these projected increases in traffic, the present two lane road
is adequate to handle the problems generated. Now, on the bottom
of page 9, 1% growth rate over 20 years causes a total increase
of 21% traffic and 3% growth rate over 20 years causes a total
increase of 75% traffic. I travel West Mt. Road probably 20 times
a day there is a lot of traffic at the peak flow hours. I think 75%
using the 3% estimate here leaves no conceivable way that you
could avoid making improvements or widening this road at some
point if you allow this much traffic. Page l0 number 13 Impacts
North of the site, it says taking into account existing and future
development north of the project, analysis by the traffic engineer s
indicates that implementation of the project would likely require
signalization of two intersections, by completion of Phase 11 of
the project in 1999, West/Mountain Potter Road and at Potter Road/Aviation.
All other intersections would probably function at on acceptable
level of service without improvement. How is this determined
if you look at page ll, number 16 half way through the paragraph
it says because there are so many variables and unknown factors,
it would be highly speculative to attempt to quontify growth that
might be induced. So, that is kind of a contradiction to me there,
that they are saying that this is adequate the study and accurate
and here they say it is speculative. It kinds of brings to mind what
the Planning Board Member that voted against this said, there
are too many if's and moybe's. It does mention in here that Corinth
Road the other gentlemen mentioned would have to be widened
this is against the use of your own Citizens Advisory Committee..which
have ideas on this. Page 14, about three quarters of the way down
the first paragraph, it says in addition improvements recommended
for exit 18 and the widening of Corinth Road portions of which
may be funded by the development. The developer is the major
beneficiary of this development he should bear the full cost of
this or they not the taxpayers of Warren County or Queensbury.
Page 13, if you refer to number 17 which is Quality of Life since
there will be no significant change it also says at the top of the
second paragraph the project will unquestionably generate more
traffic along Corinth Road and West Mountain Road. Now, I do
not know if you are familiar with the New York Times Article
that mentions that Glens Falls and surrounding area is one
252
of the 96 areas that is now on the Environmental Protection Agencies
Ozone hazard list? For those of you in the audience who aren't
familiar with what i am talking about Ozone in the upper atmosphere
protects us from the ultraviolet rays ozone concentrations in the
lower atmosphere causes sever problems,respiratory with people
with asthma, for young children older people it is recommended
that in areas like this the children not be allowed to play outside
for more than on hour and a half at a time on a hot day. So obviously
the traffic that this is going to generate we should take into consideration
what effect this will have on the ozone concentration and that
is probably one of the most serious things to consider as for as
the traffic issue. I do not know if you have a copy of the advisory
committees recommendation with you? ..One is the 1987 summary —'
concerns expressed by citizens as part of the process for updating
Queensbury's master plan and the zoning ordinance. Indicates preference
for a growth policy quote "which allows maintenance of the following
roads as two lone highways, Ridge Rood, Bay Road above Hoviland,
Haviland Rood, Farm to Market Road, West Mt. Road, Luzerne
Road and Corinth Road and Route 9L in North Queensbury. They
also state that any study which assumes that exit 16 of the Northway
would be used as a primary point is basically flawed. It says in
here about levels of traffic, level B which is an acceptable traffic
flow 70% free flow most of the time the development would cause
levels of service to drop to D,E, or even F, which means speeds
lower than 10 to 15 mph, long lines of vehicles at intersections,
stop and go conditions, drivers unable to get through traffic signals.
The Advisory Committee did recommend several things here, I
am sure you are familiar with most of them. It does say in light
of the preference expressed by the residents in Queensbury, for
maintaining Corinth and West Mountain Roads as two lone highways
the Town Board should establish a level of service policy consistent
after public hearing with the wishes of the area residents who will
be impacted by traffic. That is my comments.
SUPERVISOR BORGOS Thank you very much. Is there anyone else who wishes to speak?
Any members of the Lake Luzerne Board wish to ask questions
or speak about traffic? (no one spoke)
TRACY TABOR Tracy Tabor, West Mountain Road Queensbury, most everything
that I wanted to soy Drew already said, one thing that I will say
in my own personal opinion if we are to look and seriously believe
this SEIS.I would like all you guys to come back and see me later,
because I have a lot of swamp land in Florida. 60-40 is a crazy,
idea, I would like to ask the Town Board Members here how many
people will get off at exit 16 and go up over the mountain and come
back over the West Mt. Rood? If you all answered honestly I think
you would all say, you would rather fly up 18 and go on over the
other way. We are looking at maybe 99 to I that would be more
realistic. I just see this as being totally unrealistic the SETS it
blows me away. The 0-zone is a big problem, I think we ore over
looking it even though, the EPA comes out with these standards
and it is a big joke but, when I read that Glens Falls is in the area
of I out of 96 it made me think a little bit about the air I am breathing.
If 1 am going to have kids in a couple of years and they can only
spend an hour and u half out in the sunlight today what can they
do in two years from now, and what are they going to do fifteen
year from now when you hove six thousand more cars on a regular
basis, plus all the other development that is going on, we do not
know what is going on with Earltown, we know Hiland Park is already
here. It'may be great from Luzerne's point of view because they
are going to get a lot of tax dollars but Queensbury is going to
get a lot of the negative impacts. I hope you guys really seriously
consider this. Thanks.
SUPERVISOR BORGOS Thank you. Another hand in the back, I think it is Mr. Cushing.
It looks like Mr. Cushing.
MR. JACK CUSHING Thank you. My name is Jack Cushing and I am a resident of the
Town of Queensbury, residing at 8 Orchard Drive. I would like
to make a few brief comments in support of the West Mt. Project.
SUPERVISOR BORGOS Are they related to traffic?
253
MR. JACK CUSHING Yes.
SUPERVISOR BORGOS Thank you.
MR. JACK CUSHING First of all this project has been explained to me several times,
I hove skied ut West Mt. and I hove hiked to the top of West Mt.
and I am fumiliur with the roads and the transportation system
surrounding West Mt. to be specific, West Mt. Road, Corinth Road,
Northwest Road and Luzerne Road and Potter Road and all of the
access roads to the project on the resort. In my opinion this is
u quality project, a quality development. One of the best that
hove seen or have read and studied. It is o planned development
- and some of the best minds in the notion hove been used to design
the concepts that we ore looking at. This includes the homes, the
recreational facilities the economic impacts and the trunsportution
infrastructure. The Queensbury, Glens Falls, Luzerne area cannot
stand put on development. Development is, if it is planned properly
and this
SUPERVISOR BORGOS Excuse me, I really hate to interrupt you but I have to usk you
just to talk only about traffic, if you want to do it more general
all encompassing statement you will hove to wait to the next public
hearing.
MR. JACK CUSHING With projects of this size, there is definitely going to be some problems.
They will have to be solved, trunsportution will be one of them.
The planners of this development have proved to be innovative,
creative, and flexible and they are listening to all of us. Sure some
roads will have to be surveyed, some widened, some straightened
out and perhaps u few new ones will be built. This will be on extremely
small price to pay for economic development which is going to
occur. I feel that we have a tremendous asset in having o super
highway so c lose to this projected project and three miles from
West Mountain. We're fortunate to hove planners from both the
Queensbury and Luzerne Board's who will work cooperatively with
the planners of this development. I'm sure us the future goes on
and we're talking about transportation and the infrastructure, that
with cooperation and the flexibility that has been shown before
in this project, it will come to pass, and will have a decent transportation
system. Thank you.
MRS. MARGARET BURRELL I live ut 26 Winfield Drive, Queensbury. I know and accept
that growth is inevitable, and I hope I'll accept it gracefully. I agree
that it should be planned, intelligently and responsibly planned.
With greater consideration for the long time benefit of all of us,
then the short term benefit of a few. If the project meets with
defeat, I hope I'm not so callous as to be unable to feel for those
who have conceived the project. Who hove conceived in hope,
conceived it in I'm sure in loud noise, but without sufficient for
thought or perhaps without sufficient knowledge. Of the many
concerns that will be brought up tonight other than traffic, I would
like to reinforce the comments that were made by Mr. Monthie
and Mr. Tabor with regard to the additionally and inevitable increase
of cars per day that we can expect to travel these routes if we
allow the proposed ... dwelling units. If were to talking about
units that will certainly for the most part be two car homes if
that should occur. In the light of these concerns, and our .... new r
knowledge, we are under the unhappy description of EPA, or on
the EPA's list of 96 danger zones in the entire Country, can we
in all conscience possibly go along with West Mountain proposal
us it now stands. Doctors believe that polluted air does its greatest
danger to the young, because of their smaller breathing passages
and their less completely developed immune systems. I myself
would no longer do not expect to live to suffer the worst consequences
of what I believe to be are going.... unchallenged and unmodified.
Certainly unless we wish to commit suicide, we don't deliberately
turn on the gas and stick our heads in the oven. I suggest that
we are not faced with a comparable choice effecting the old and
young alike. If this is the legacy we wish to leave our children,
1 think we no longer deserve to survive. Right now we still have
a choice. Once we allow this project to happen as projected, there
will be no choice... and we will all have to live with the consequences.
Finally I would like to beg your indulgence by concluding with u,
as u long term teacher of literature, I conclude
254
with the transmission of a poem, by the outstanding Spanish poet
of his generation, .... This is a translation ... (Poem Read) The
wind on one ..day calls to sole with an odor of jasmine and the
wind said in return for the odor of my jasmine I would like all
of the odor of your roses and 1 said I have no roses all the flowers
in my garden are dead and the Wind said well then i will take the
... petals and I will take the weathered leaves and the wind left
and 1 wep ted and I said to myself what have you done with the
garden that was entrusted to you? ... In good conscience have
we asked ourselves that question? Thank you.
SUPERVISOR BORGOS Thank you very much.
ROBERT WORLEY My name is Robert Worley, I live at ...property in Queensbury..Glens
Fulls. I agree with this ludy that just spoke that life is dangerous
to human life, but the fact is that humans do live on this planet
and they do have to have transportation of some sort...a little bit,the
West Mt. project has been jumping through hoops for over two
years and they have passed a couple of pretty rough Town Planning
Boards and some pretty rough public hearings they have spent an
awful lot of money on some excellent traffic studies, they say
that the plans that they are going to do is perfectly in keeping
with this region and what it is doing. The plan that goes ...is twenty
years folks and there are going to be improvements made on all
the roads we are talking about over twenty years and I think that
with very slow growth, roughly we are speaking about twenty years
with a traffic system and a road system perfectly capable of handling
it would be good for the area.
SUPERVISOR BORGOS Anyone else related to traffic. I see no more hands I will call this
public hearing to a close. That is the first part related to the supplement
to the DEIS. Actually I should have asked you this before, have
these public hearings been advertised?
TOWN CLERK
DARLEEN M. DOUGHER Yes, they have
SUPERVISOR BORGOS Thank you, l thought that they had, just to be sure. This public
hearing relates now to all phases of the Planned Unit Development,
I will ask our Town Attorney this is Article 15, is that correct?
TOWN ATTORNEY
PAUL DUSEK That is correct, this is the public hearing that is required under
our legislation before the Town Board could act to create the PUD
if they decided to.
SUPERVISOR BORGOS This is the public hearing would required, that is required under
Article 15 of Subdivision Regulations at this point everything is
fair game. Every possible conceivable aspect of this project you
would like to talk about is open for discussion. There are fewer
people than I had expected we may get out early. I ask that give
everyone an opportunity to speak once before i call on you for
a second time would the developer like to say something at the
beginning of this portion? Mr. Krzys, would you give your name
and address.
MR. JOSEPH KRZYS My name is Joe Krzys, I reside in Boston, l am one of the principals
involved in the development of the West Mt. Project. We came
before the Boards of both the Luzerne and Queensbury specifically
to ....approval. We came to a PUD regulation for several reasons,
first of all we felt that a Planned Unit Development by for had
to consider all the environmental issues in that a project of this
size was ....under one regional master plan as opposed to small
developments. As you read the regulations and the goals of a planned
unit development we felt that the development that we are proposing
met every single goal that was stipulated in the PUD Ordinance
for the Town of Queensbury. ...we are creating is a neighborhood
a community that is in hormony with its environment, we have
done several studies to prove that point. Its a development that
has considered the ..recreational needs of the people in West Queensbury
it also has considered the business needs of that particular development
itself it has considered the housing needs of this region as well
us the housing needs of Queensbury, it is
25:5 ..,
a development that has considered the retail requirements of that
particular group. It is a development that has considered the traffic
needs of the area and in general has met oil the needs that are
stipulated in the PUD regulations. What this development really
does is entering into a partnership with the region along a whole
bunch of issues that are very important. That is the issue of where
do people live that come to the Town, how do the recreate how
is the environment protected and bottom ...jobs in the support
services, retail that can sustain a development of this type. All
this has been included in the plan it has been open to public process
it has gone through modification based upon public comment all
of which has been represented to, to the public and at this point
we feel that, that we have satisfied all conditions of the PUD Ordinance.
Thank you.
SUPERVISOR BORGOS 7hank you very much. Now we are ready for anyone, please raise
your hand and I will recognize you...
MR. BOB PROUGH My name is Bob Prough, I am a resident of Queensbury and have
lived here some 25 years, I would like to say one thing. I work
with the company down in Glens Falls Kamyr Inc. I came here with
this company at the beginning. I know that changes like this are
difficult to take I like to speak in support of this project. I have
• number of reasons and the first thing I would like to say I travel
• lot I go down to Albany and I also travel to most of the major
centers in the United States. I can tell you there is no traffic problem
now in the City of Glens Falls, I do not like it when I have to stop
for two minutes I am so used to being able to drive when I want,
but another car, the cars that will be added here will not be noticed
in comparison with any other part, major population in the United
States. I think that one of the reasons you may have problems
getting the State of New York spending money here is they have
problems down State that is where the traffic is. I am also on
engineer, a chemical engineer, and I must say I wouldn't believe
all measurements. i hod to chuckle a little bit because 1 happened
to read that we, we are actually one of the major companies, in
doing, we major in environmental work with companies around
the United States and the business of measuring in detailed measurements
we mentioned that in Glens Falls and neighboring Essex Co. I do
not know where they found the traffic out there but I had the satisfaction...it
just does not happen. I would say that I question the ...measurements.
The other point I would like to make, I know people say that the
developer he is going to make the money and that is true, I hope
they make a good project they also make some money out of it.
I also, they are going to generate income for this area since I moved
here twenty five years ago many major industries have left, heavy
industries and they must be replaced by something. I come from...engineering
company and what we have to do is attract certain people if we
have five hundred people directly employed there will be a few
very key people in engineering that you must attract. This is a
very attractive area in the summer, I do not know if you know
but Kamyr has donated money to extend the Crandall Park for
purposes of Cross Country Trails. That is not an accident because
Kamyr knows that the unfortunate thing is that some part of the
year here is weaker there are many people in this country that
just do not like winter so we feel that it is very important that
we probably make this area as practical and profitable. We want
to remain here. We want to attract the people here and winter
facilities are what we need. I know that there are golf courses
involved in this project. I'm not interested in golf courses. I'm
interested in the winter facility that they have at West Mountain
and the fact that they plan to improve on it. I'm very active myself
and many other people in my Company are also active in promoting
winter sports for new people. Again that is not with out selfish
interest. We want to attract people, certain highly skilled people
to this area, so that we will have income. Now, you have choices
to make. 1 think that this is a good choice. The types of industries
that have left here would create, yet had they wanted to move
in here now, more problems than this particular project will create.
I would say that this project will have more economic impact, the
adjustment will be generated by the project itself. Thank you
very much.
MR. JIM POTTER i live on Boulder Drive in Queensbury, and I'm one of the older
256 r
people here. I can remember when this was Floyd Bennett Field
we're si ttinn not.:, there was a time when there was the spinning
wheel up on upper Lake George Road ocross...Route 149 and the
Luke George Road was the Halfway House, halfway between New
York and Montreal...obviously this is going to happen I appreciate
controls and plans because I do not think the Luke George Rood
has been planned too great....there is a joint here and a joint there
ore more discount stores up by 149 and yet admit it, I ski West
Mt. I have since they opened and I like what I see on the planning
board. ...
SUPERVISOR BORGOS Mr. Montesi, I think has a comment.
COUNCILMAN MONTESI I thought maybe I would interject on some of the comments that
Stephen Holtz or the Town Board Members at the end and maybe
it might stimulate some more, especially from the public. I tend
to agree after sitting on the Town Board for four years that when
ever we address a PUD a Planned Unit Development this Board
and the Planning Board and anyone else the public included, gets
a real good look at the concepts that are being proposed by the
Development, we look at drainage, storm water runoff, water,
sewers, etc. and I think that the Town and its citizens gets a much
better job done when you look at a PUD, because all the concepts
hove to be addressed and also ENCON is involved us a partner in
that. As a little bit of history living with first Hilund and then
Eurltown and now West Mt. this has been a trying four years as
a Board Member to be faced with these reviews and also the constraints
that made our decision to slow things down and have better control
on growth and development put up a toll gate on the Northway
and not let anyone else in. Some of those concepts ore not valid
but the history of West Mt. as for us I am concerned is that when
they first presented their proposal we talked about sewage treatment
plant up on the mountain and I made by feelings strongly enough
to, and they listened and they sow the importance of getting the
sewage from this development, both Luzerne and Queensbury, into
the Glens Fulls Treatment Plant. We talked about getting water
up onto the Mountain and the expenses of doing that and having
some kind of a tank up on the Mountain. We talked about the density,
they come in and they said the only way this development would
fly would be to triple the density and we said roll up the maps and
we'll see you next year. They come around and understood where
the density was in Queensbury and what our feelings were, our
strong feelings were, and they listened and they changed things.
I think that there is no question in my mind that one of the facts
that we are going to be faced with is traffic. I think the main
point that people are coming out with is, we are faced with it right
now. I think we have a better handle on that. The point that I
would like tq.make is that Fred Austin, Corinth is a County Road,
Fred Austin has been very personally involved. If you read the
supplement to the PUD application you'd see in there that Fred
Austin has written some letters and attended a bunch of meetings.
To that end, one of the takings of property that we always thought
would have to happen, whether West Mountain become a reality
and I'm talking about the PUD project, or whether the Ski Center
just grew, is on the corner of West Mountain Road and Corinth
Road. Well low and behold Northern Homes decided to come in
and take that nice parcel of land and develop it. They needed to
have a driveway cut. We gave the driveway cut and also took some
land so that if and when the time comes that taking has to happen
on that corner to widen that intersection, we already have the
land. I'm not sure that Mr. Corusone is really happy with us, but
it was something that made good plans for the future. Beyond
this meeting i guess the one of the things that seems to be an interesting
concept that West Mountain is proposing and that is on international
village with a funicular ride up the Mountain. I think it makes
for some interesting thoughts. When you go to dinner, you wouldn't
have to drive up there, you drive to West Mountain parking lot
and ride the funicular up the Mountain. This is an exciting thing
to thing about, along with the winter sports activity. The obviously,
there is a finding statement that has to take place, I guess my
biggest concerns are in that area. I've had some meetings with
Mike Brandt, Lynn Fosbrook, we've had some meetings and I expressed
my concerns and they were rather specific and West Mountain
has agreed to many of the things that we've
257
talked about. Now we're really happy, once we get by meeting,
if they do get by this meeting, and they get by the conceptual approval
for the PUD, there is an awful lot of work that has to happen, not
withstanding the fact that this Town of Queensbury must now negotiate
with the City of Glens Falls for sewage, a million gallons a day
that is a big commitment that the City has to give us...We have
to look at the Water Treatment Plant and the expansion and the
cost to be born by this particular developer ...the impact that will
have on them. I ..the agreement between the Town of Queensbury
and Lake Luzerne and the City of Glens Falls on the Sewer Dist.,
that sewer district is going the Corinth Road, will people be able
to tie into that is it something that only West Mt. funds that pay
for it uses there are some big questions that have to be answered
here that are the details of this development that concerns me.
Steve, has always been instrumental with fire and emergency protection
and he had some concerns that there is no way that West Mt. Fire
Dept. can get up Luzerne Mt. Road or Corinth Road in the middle
of the winter to fight fires so we ore going to need a station on
top of the mountain. We have proposed that, that station be built
by West Mt. that they buy the truck for that and that they buy
the ambulance for that station also and a condition of the, that `
some of the staff be, volunteer fire people and also volunteer emergency
people. Why, by golly if this is going to be a hotel and a second
home development there is certainly not going to be a lot of people
there to fight fire in the middle of the week. I think we have given
a lot of thought to this plan, conceptually I like the plan my only
concern is that 1 really know that once this meeting goes away
and the public has had its say there is an awful lot of detail work t
that has to be ironed out between the Attorneys and this Board
and West Mt. to make sure we promise the residents of this Town
we are doing the best we can to see that all of these things are
done. That is just a few of the items that we are touching on conceptually
think the project has some merit.
`YPERVISOR BORGOS I will ask for a first time first,Bob, did you speak on traffic last
time, OK then you can come up. Then I will recognize the hand
in the back, he was first...
ROBF_RT WORLEY Thank you. Robert Worley I reside in Thurman and I own property
in Queensbury, I have lived here a long time I moved up here from
Texas about two and a half years ago from a part of Texas when
I left, just shortly after I left they were averaging about ten bankruptcies
a day in business, houses were going in value from 100,000 down
to 50,000, 60,000 dollars almost overnight. I still own a home
there and by the way is anyone of you is concerned about growth
and are in the housing market for a house north of Dallas I got
one that will go pretty cheap. They are having to lay off municipal
workers, down where I come from because the cars have decreased
and they are not buying as much concrete because they ore not
having to expand roads, and they are not putting up as many buildings
because there is nobody there to occupy them. I guess the point
I wont to make if you really are realistic about what it is that human
beings really need and one of the things we need to keep surviving
is growth and activity. The problem is that growth might, often
leads to the dead garbage that the lady was talking about so there j
has to be a middle ground and that can be reached. It is reached
by the studies that these guys pay for it has reached that proper
management of sewage, the proper management of growth, that
is only, what ...houses or year or so, there is more than that being
built now, I expect....I think that is why it is called a planned unit
development it is very planned, the Town of Queensbury and the
Town of Lake Luzerne should be congratulated for going to all
of this trouble to make these guys submit these ... to protect where
we live. That is what we are doing, I do not expect that they would i
spend nearly as much, they would have spent nearly as much ...for
the Towns. Their heart is in the right place, but... I congratulate
them for that I admire them for that if there were more people
around like that are prepared to put their lives on the line..cor
to drive to this place tonight ...thank goodness we have it. ..at
least in the United States. There are some areas in the southwest...)
really do not mean this in a petty way but so of you folks that do
not like the way it is going up here I have about five thousand friends
north of Dallas that
258
trade places with you in a minute. In a minute they would come
up here and fight for the environment just like you do I really do
not think that for those of us that are concerned with the environment,
as much as anyone...I am concerned with the environment but 1
also know the ..loss. I drove a car here I expect all of you did maybe
some of you that live close by walked, we really honest to God
....we would all throw our cars away, but we not, because we like
that convenience, don't we? 1 am going to keep my car because
it is a long way home. Anyway, growth is going to happen, Thank
God, we hove the Town of Queensbury with all those volunteers
to ...those people do it for nothing as much as they did, Thank God
they are there and we have control. Our object is not to stop it
not to put the breaks on the growth and the progress that is going
on around here, which provides us with all the wonderful things
around here...) think that we should, definitely all the people that
spoke against have a right to but you ore being totally unrealistic
if you think you con stop growth in the area that is as wonderful
as this is.
MR. DREW MONTHIE One thing I might bring up, Mr. Worley, we definitely need fresh
air to live. I think every development....As for the other gentleman
that brought up the EPA statistics, both of us now realize that
Government standards on pollution or toxic waste are ridiculously
low. We found that out when we paid to clean up PCB's out of
the Hudson River. The ozone is definitely a problem, the EPA
with their low standurds thinks that it is a problem, that I'm worried.
Mrs. Potenza, you ore aware of air pollution, you just took a trip
to Japan. You realize that they have on extremely high rote of
air pollution in their cities and at times people ore forced to use
oxygen during heavy smog. 1 hove a couple of other things I wanted
to go over here on density. These are from the Environmental
Advisory Committee. In recognition of the physical and environmental
constraints to development on the project site, and in recognition
of the impacts that the proposed project will hove on the residents
of Queensbury, traffic impacts in particular, the Town Board has
affirmed, through the Supervisor, a policy of requiring the project
developer to comply with the zoning requirements of Queensbury,
i.e., one dwelling per three acres. The developer has responded
to Queensbury's firm stance on requiring compliance with existing
zoning density be seeking, presumably for reasons of economic
and financial self interest, increased density in Lake Luzerne.
Despite adverse traffic impacts to the Town of Queensbury, Lake
Luzerne officials appear to be willing, presumably because of tax
benefits to that town, to provide the developer with increased
density, reduced lot sizes from three acres to one. The developer
has not, pursuant to the provisions of SEQRA, been required to
describe and evaluate a PUD that complies with existing zoning
in both towns. For this reason, as lead agency, the Town of Queensbury
may be opening itself to legal challenge. I'm sure the Town is aware
of that, they ore engaged in suits on other properties. Pursuant
to Section 617. 14 of SEQRA, as lead agency, the Town Board should
require the developer to describe and evaluate, for comparison
with other alternatives, a PUD that conforms to existing zoning
densities in both towns. If the developer maintains that a PUD
that strictly conforms to existing zoning will not work, the developer
should be required to explain and justify with numbers why such
a PUD is impracticable. These other two relate to the environments.
Stormwoter runoff, adequate provisions for the control of stormwater
runoff to prevent flooding, streambonk erosion/enlargement, and
water quality degradation due to creation of impervious surface
areas and changes to soil permeability have not been included in
the development proposal....Loss of Wildlife habitat. The proposed _
development in situated on on area designated by the DEC, and
reflected in Queensbury's natural resource maps, as a deer yard.
The DEIS does not describe, neither does the SETS, size and quality
of the deer yard. Although there are ways of possibly mitigating
the impacts of development on this habitat through selective timber
harvesting and other vegetative management practices and by
careful lot layout, the DEIS and 1 believe the SETS, is deficient
in that it does not, pursuant to Section 617. 74 of SEQRA, examine
these and other ways of mitigating the loss of deer habitat. Also
1 believe air quality falls under SEQRA, and unless that is addressed
and the ozone question again the Town Board leaves itself open
259
for legal chullenge on this project. Thank you.
MARCI TAYLOR From West Mountain. There was mention thut you might hove
to put water tanks on top of the mountain. i don't know if you
are aware, the tank that is there, overflowed one night and took
part of driveway out...it was u night of a storm you could here
the water gushing. We'd like to know what kind of protection we
hove against something like that. If it happen once, it con huppen
again.
VPERViSOR BORGOS That is a good question, it did happen. I'm sure we con ...
--y;RS. TAYLOR They did dig some ditches the next day, but it has washed out o
good shore of what they've done to repair it already. We would
like protection to know that we ore going to have...the one morning
got out there, l went to step on my driveway, and there was no
drivewuy there and that is a very frightening thing.
SUPERVISOR BORGOS- The system's alarm system was supposed to work but it didn't work.
MRS. TA YL OR Thut's true....thank you very much.
PETER TAYLOR My name is Peter Taylor, I live ut...Street in Glens Fulls. I was
born in Glens Falls in 1958 and moved away for quite a few years
and moved back here in 1982. I've been moving around quite a
bit, every time I got to a new town, ..like this, I think the older
...people do not want any change and I think thut is very unrealistic.
You ore going to have change if you ore going to have twentyseven
hundred homes over twenty years that is really not that much.
A planned development gives you the opportunity as you say, hummer
out all the comments thut you might possibly have. The other
option, turning down the proposal like this is that you ore going
to have twentyseven hundred homes anyway, but they might be
snuck in here or there and with that...things will gradually going
to get worse and ...oh my God if I get...you just can't do it. By
doing things in a more planned community you really get the opportunity
to, and they spend a lot of time doing this you know, to go buck
to the druwing board. Again, and uguin and again and they do not
get on approval until everything is hommered out. The other point
I would like to make is I am very excited that this is being done
by someone local, you got someone who is a good driving course
in the community for a long time, I like many people ski at Wt.
Mt. and loved it and hod a lot of fun up there and it is obvious this
fellow is concerned about the environment and we are not talking
about strip mining or something, I think it is a great project and
I hope it goes through. Thank you.
MR. WILLIAM NEALON I live in the City of Glens Polls. I've had the privilege of knowing
Mike Brandt for better than twenty years. I've been a member
of the ski patrol. I've climbed that mountain....both winter and
summer. If I had one thing to take away from my experience in
knowing the Brondts, its their concern for this area. They have
shepardized or shepherd ... the lands on West Mountain, taking
better core of them, than most of us take care of our own back
yards. I think we're fortunate as what us been noted here, that
they hove come to this Board ... with not helter skelter approach,
not u fanatic endeavor such as we're reading about in the Town
of Wilton and other towns... but rather a well considered documented
Planned Unit Development. I've had the good fortune of skiing
in Vermont. I just had the good fortune of coming back from skiing
in Solt Luke City. I've hod the opportunity to see what a properly
configured recreational development can do and mean to those
areas. Particularly coming back from ....Utah, its beautifully done
there, thoughtfully conceived and properly executed. I believe
the developers hove brought that some sense of thoughtful development
and, and I anticipate proper execution for this project. I submit
those who are concerned about environmental quality that in looking
at this plunned unit development and seeing how it addresses the
issues of environmental preservation, it should stand in marked
contrast to,those developments that recently went in the Town
of Queensbury. You go on Peggy Ann Rood, where I bicycle almost
every morning, I'm not happy with what I saw on Peggy Ann Road.
But I'm sure that we con be pleased with u paced
2so
well development over twenty years which is anticipated ... I commend
the Town and their representatives of Queensbury for their diligence
and thoughtfulness. 1 urge this approval.
TRACY TABOR West Mountain everyone knows t development
Robert orley was I believe. he was theexp es dent of the Chamber
of Commerce. Am I right.
MR. WORLEY Yes.
MR. TABOR I am not i believe a radical environmentalist. I'm a young businessm
I'm twenty -six years old, I have my own business on West Mountain
Road. My father hod his own business there for thirty years. This _
development, the size that their pushing towards us, doesn't give
us benefits. It takes my land away, it gives me cars all day long,
it gives me a headache for twenty years listening to them blast
at that mountain. This development could be done, it could be
done in u good way, but it has to be limited. The size is too big.
They take, they listen to Queensbury, they say no they won't conform
to your density, they shove the units over to Lake Luzerne...its
the some number of cars over those roads and the some number
of people...Okay its a ski area, ....I've skied there, its facing south.
You should have put the ski area on the other side of the Mountain.
I mean this development right now as it stands, you're making it
out to be something great, its supposed to be a great ski area, Killington
is a great ski area and they could probably handle twenty-eight
hundred homes, but West Mountain can't handle twenty-eight hundred
more homes. Peggy Ann, your right, Peggy Ann is a ..., its a shame.
I used to ride my horses down Peggy Ann since I was ten years
old. Go down there and look at Peggy Ann and look at what they've
built, there salt boxes.... for Christ sake, they should be burnt.
SUPERVISOR BORGOS I hate to interrupt you but 1 would appreciate if you would stick
with the proposed topics.
MR. TABOR I'm very upset to sit here and listen to this, this is going to be rubbf-
stomped just like the rest of them....
SUPERVISOR BORGOS Excuse me just a minute. I'm asking you to stay on the topic.
MR. TABOR I'm staying on the topic, this is on the topic...
SUPERVISOR BORGOS Would you just be quiet for a moment. I don't like the implication
that this is going to be rubber stamped. That is not true. If you
wish to proceed with your comments about the planned unit development
go ahead.
MR. TABOR Okay, I will. 1 think it has a lot to do with the development, because
the fact is it is already there, it already impacts us. Everyday
of the week. You can't walk down Peggy Ann Rood, you can't ride
down Peggy Ann Rood.
SUPERVISOR BORGOS I have to ask you to speak on the...
MR. TABOR I've counted five thousand more cars on the road, West Mountain
Roud...
SUPERVISOR BORGOS I'm going to have to ask you to be seated, please. You are not
staying on the Planned Unit Development topic but rather talking
about a total different project.
MR. TABOR I'm talking about the PUD, West Mountain. If you ore asking me
to be seated you're asking me not to hove my right at a public hearing.
SUPERVISOR BORGOS If you are going to talk, you hold some respect for the people here,
stick to the topic as they have you can continue to talk.
MR. TABOR Let me finish my statement. Plus l would like to know where the
air quality review act is 1 would like to know why haven't they
addressed it in the SEO.RA,I think it is very important. Why do
the roads, eminent domain, the overcrowding the pollution the
air quality are a few of the reasons why I think this development
should be shot down if not severely limited. 1 am not against
261
development, 1 think, ...realistically the key ... the PUD that fit
Lake Luzerne that fit Queensbury and was realistic about it without
too many houses in a small space...quality development where it
stands I do not think so. I ask Mr. Krogmann, has the Town of Lake
L uzerne had a change in Zoning? Have you incorporated the one
on one?
ATTORNEY KROGMANN There has been a zoning change in the area of three into one.
MR. TABOR And you have incorporated the rest of the Town of Lake Luzerne
the ...
MR. KROGMANN No. just the PUD....
MR. TABOR was changed to one unit per...
MR. KROGMANN that is correct.
MR. TABOR Are you saying to the Town of Queensbury that should be a signal
that Lake Luzerne is going to vote yes on this? Under SEQRA I
understand that we can limit the size of the development and you
can do it for the benefit of the people of West Mt. I ran a petition
one hundred and fifty ...residents and I know there are a lot more
were the people who live at West Mt. I just want you to know tonight,
to think about...we have to deal with the development when it
is all done, I am twenty six years old a lot of people have spoken
in favor of this tonight in twenty year may not even be around.
1 will be forty six in twenty years and I hope my business is doing
great. I have built it up where it is making Seventy five thousand
dollars a year and I am damn proud of it. I just hope that the people
out there on the Mountain side, the people that lived there all their
lives, they are against this project the way it stands, I hope the
Board realizes that, there ore enough of us out there that will take
the necessary steps to see that this is done the right way.
SUPERVISOR BORGOS Thank you. Someone, Yes, Sir.
CAROL EPIC My name is Carol Epic I live on Corinth Road. My husband and
I moved here about seventeen years ago from California, southern
California and if you want to talk development you go to the area
that we moved from which tripled its population in a twenty year
period of time. There is still more people moving to California
all the time, they probably hove the worst problems with air pollution
than practically any state in the United States and they also have
done what they have...toward changing those things. It is a very
large populated state. The point I would like to make is that we
come here with the thought in mind that this area would develop
and widen its economic base. What interested us as much as anything
i have lived in resort areas most of my life and had worked in resort
areas and I like that kind of an atmosphere. Tourism is one of
the leading industries of New York State and this area here leads
a lot of those figures in tourism. Now, I heard people complain
about Lake George getting, having it problems with the lake and
they are worried about the quality of that lake, they are taking
steps to improve that and I feel that if we are going to accommodate
the amount of people who will still continue to visit the Northeast
as a tourism destination area that one of the ways we can do it
and do it well is to provide more things for these people to do.
That is one thing that this project does address is tourism. We
talk about these houses that are going to be built up there but there
is going to be a hotel, there are golf courses, there is tennis which
excites a lot of people that I have spoken to in the last couple of
-- years. So, one of the things that this project, very definitely can
do for the area is help in two ways, economically for these people
who are going to be visiting, maybe not buying and moving here
but visiting this area and finding quality recreation, that's a great
part of tourism. The other of course is the fact that, at this time
and point in any port of the Northeast or the Country I feel that
communities are having to address the problems of, that come
forward with this kind of development, and believe me that my
experience in .California says that it can be done, not to the liking
'to everyone because growth is not to the liking of everyone obvious
but, what I like about this project is what it can provide for full
262
season recreational benefits not just for our people here. Mr.
....spoke about trying to attract people to their business which
we know Kamyr as being a very solid business in our area providing
u lot of economic benefits to all of us there concern that the people
that they invited to this region will have something to do. This
project can provide that something. I heard the talk about what
its going to traffic, etc., etc., but what I think is not being addressed
us much what is the benefits as a recreational area. The first time
I heard, I talked with somebody about the possibility of long time
about VoVo, which is not going to happen their tournament moving
down here, when can we buy a lot, in other words there are people
here that want expended recreation facilities and this project address(
that very strongly and that to me is exciting and I do not hove
any fears that the Town and the developer and the citizens of this
area can come to amicable agreement about what can happen in
this type of economic growth. Thank you.
SUPERVISOR BORGOS Thank you. The for side...let me just interrupt just a second, how
many of you plan to speak again? We will continue, other wise
I was going to usk for a five minute break, but we will go on.
MR. RICK CONLEY My name is Rick Conley and I used to live on West Mt. Road adjacent
to Mr. Tabor, OK, this was back in 74 when we first bought there
and the road traffic at that time was probably very little if any
...the growth up on West Mt. the traffic now on West Mt. just from
normal growth is, without anything developed on West Mt. is just
...going to work in Saratoga in the morning on the Corinth Road
you just sit there in the morning and you can see it, so the growth
in happening without having anything on the mountain ut all. I
think it is a good project, well thought out and I think that Lake
George had this kind of input when it was being developed it would't
be in the situation it is in right now. There are so many people
looking over your shoulder here that I cannot see how possibly anything
can go wrong. Thank you.
SUPERVISOR BORGOS Thank you. Yes, Sir, in the buck.
MR. BRIAN HARRISON My name is Brian Harrison, i live at Ridge Road in the Town of
Queensbury.. I want some comments for the record to the Luzerne
Town Board. Buck in the late 70's I was the Warren County Planner
and reviewed with your staff and assisted you in your zoning ordinance...(tc
bad) I was the staff individual from Warren County that was assigned
to work with the Town Board and Planning Board offering the Zoning
Ordinance at the time. We developed the concept of planned unit
development at the time and there was a lot of discussion on the
Town Board on whether or not the densities that were being planned
for the Town outside the Adirondack Park should be subject to
zoning restrictions, because there was significant amount of irritation
at that time about the existence of the park. I think we as planner
felt quite good about successfully convincing everyone the fact
that the park hod some benefits and that the whole plan had some
benefits. When we created the planned unit development and talked
about it, one of the real significant things about it at the time
was that this was subject to debate, we made the point we made
at that time was that planned unit development in our opinion amounted
to a zoning change. That we couldn't sit there in the late 70's in
the Town of Luzerne and decide precisely what was going to take
place over the next twenty years and that in fact planned unit
development would be regarded us a zoning change. Zoning is when
you take a specific area of land and change it, we talked about
doing it in a recreation sense, we talked about doing it in a commerci,
sense we talked about doing it in a pure residential sense. If you —
back and look at your zoning ordinance you will see those categories
reflected. We also talked about dealing with specific tracks of
land relating to that specific purpose, presumably assembled by
one owner so 1 guess what I would like to point out is that what
you are doing...is precisely along the lines of what the entire Town
Planning Board was discussing back in the late 70's when we were
redoing your comprehensive land zoning ordinance, just for the
record. Secondly, I think I would like to, some of the comments
I heard tonight about, comments such as normal growth and concepts
like this thing is too big and concepts like planned unit development
and gives us the focal point that we can all look at but I think that
maybe you want to keep in mind
263
is with a Planned Unit Development here at West Mt. really other
locations of the Town ore really not going to be a real big challenge,
because it is just a fraction of the growth. While you are debating
West Mt. more units are going to be built in the Town of Queensbury
then will be built in the twenty years of West. Mt. growth. I think
that is kind of interesting, when you think about it in those terms.
Here you have your ability to focus on the development, I am really...aroul
the planning process here but it is very important, you are end
up with something here I am sure hopefully most people will say
they ore proud of. But, I think maybe the real challenge here is
what is the Town going to do about everything else that is going
on around us at the some time, I think we all realize that what
-- has taken place between the Northway and West Mt. road in the
last five years, the last ten years, it is almost impossible to control.
We talk about smull subdivisions you talk about ...five units here,
ten unit there contrast that with twenty-seven hundred units in
one location over twenty year period I mean what is the real luxury,
I am really glad that both Towns have the review of it and I think
you should be proud of what you have done,....do support the West
Mt. project. Thank you.
SUPERVISOR BORGOS Thank you. Anyone else, I thought I saw one more hand. Yes, Sir.
Mr. NEAL CAL VALARI My name is Neal Calvolari and I live on Corinth Road. I have watched
the project for quite a while because l was concerned about the
growth and the problems...but I feel that ...can be handled however,
I did want to express one reservation. My son and l discussed this
for quite a while he is only l4, he is a pretty smart guy and I would
like him to address this Board is it possible because he has some
concerns of his own.
SUPERVISOR BORGOS It would be a pleasure.
MR. NEAL CALARY His name is Vinnie Calvaleri.
SUPERVISOR BORGOS Please state your name and address, please, tip the microphone
down a little bit.
MR. VINNIE CAL VALERI Hello, My name is Vinnie Colvoleri and I am 14 years old and a
student at this High School. i just recently become interest in
the environment especially because of this certain topic. I want
to soy I moved up here just recently from Long Island and when
1 come up here I was surprised because I am not used to seeing
mountains and rolling hills and I thought how beautiful the nature
fits in, in this environment. And then I looked around and the scenery
and all and all this building that has been going on it kind of disturbs
me when you think you do not want all this to become like New
York City and if you think about all building going on that the
units coming in maybe in other areas like Vermont other unit will
be coming in and ...really show other people...another thing the
air pollution that those people, like the man said we con only go
out in the sun for one hour, think about your grandchildren, think
about you know when—grounded an hour a day, staying in the house
for the whole day...so I am asking us to think beyond money and
politics ...thank you for listening to me.
SUPERVISOR BORGOS Thank you for speaking before this group...you did a fine job, would
anyone else like to speak?
MS. JUDY WINCHESTER I am Judy Winchester and I live on Pitcher Road. I was not going
to say anything but I guess I have one idea that no one else has
expressed. It is, everyone seems to go on the assumption that this
project is going to succeed, and it is my fear that it will start and
then foil. 1, it sounds like a fantasy dream that I cannot really
see come true. But what I see is that we ore going to pull out trees
and start blasting start making a place for all this and then it will
sit there unsold and unused and we will have destroyed the pristine
wilderness.
SUPERVISOR BORGOS Thank you very much. We are sitting here listening to a whole
bunch of ideas, some we have heard here before and some that
are new and I think it is a good time to remind you that the entire
...of this project from the very beginning will be reviewed at the
end with the Final Environmental Impact Statement for the
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conditions and findings of fact everything, all the input that has
come in prior meetings, publically the letters that have come in
under the time fromes will all be reviewed and considered. So,
if you do not hear something tonight that does not mean that all
that is forgotten. It simply means that perhaps it has been addressed
before sufficiently. It thought that is important.
COUNCILMAN MONAHANSteve, what is time frame for written comments?
SUPERVISOR BORGOS Yes. I will ask our Attorney to tell us what the time frame is for
written comments that would he based on where we are now and
perhaps you will also tell us what happens after this evening so
that we con...the period of time open for public comments for
this particular phase and what other actions are to follow and what
the time frame might be.
TN. .AT TOR NEY
PAUL DUSEK Comments on the supplement is what we are referring to will be
accepted in writing until 5:00 P.M. May 8th 1989. Thereafter the
next phase of the matter would be for the Board to study the record
on the environment, the SEQRA process is what we were essentially,
we did a little earlier in the first public hearing and develop the
findings of fact that they feel are appropriate based upon everything
that you have heard and read. Once the findings of fact are completed
that will comprise or end the SEQRA process and then based upon
those findings of fact the Board would then make its decision on
whether to approve or disapprove or modify the project in some
what with the PUD legislation. So, there is essentially u two step
process, one completing the SEQRA and secondly going ahead with
the legislation port of the PUD process.
SUPERVISOR BORGOS Do you have any idea of the time frome?
TN. ATTORNEY
PA UL D USEK Bused on our experience from past planned unit developments,
the findings of fact process will take some time to put together,
if the comment period is ending on Muy 8th I would suspect that
it would not be unreasonable to assume that it would probably last
into June perhaps July before the process would be entirely completed.
SUPERVISOR BORGOS Thank you.
COUNCILMAN MONAHANIsn't there a time in there also that the developer complies to the
comments that hove been mode on this hearing and written comments?
TN. ATTORNEY
PAUL DUSEK Yes. The, part of the creation of the final EiS, we have until
now a draft environmental impact statements, there will be a final
version produced which will contain a comment or response to
comments section.
COUNCILMAN MONAHAN What ore we tolkinq about a time table for u final EIS?
TN. ATTORNEY
PA UL D USEK At the moment, perhaps the developer may be in a better position
to answer that.
SUPERVISOR BORGOS Does the developer wish to comment about a rough time frame
for a FEIS?
MR. KR7_ YS ...in Early June...
SUPERVISOR BORGOS Mr. Krzys, has indicated for the record, early June as the plan
at the moment. OK, lets hear from the gentlemen in the buck,
I con only see a form against the light...
MR. MICHAEL DONAHUE My name is Michoel Donahue, I live at Glen Lake, i should know,...not
that I recognize anyone up there. I just drove all the way from
Boston, just to be here this evening. I would like to let everyone
know that the State Police ore out there doing a fine job or I would
have been here u little sooner. The main reason that I wanted
to come is as I know Mr. Borgos I hove gone to ACC 1 grew up in
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this urea and I come here when my father moved up here with a
choice to stay where I originally lived. I come up here when I was
young because of the skiing and when I saw Wt. Mt. it was only
five minutes from my house I moved up here with him. I then proceeded
to go to ACC I finished at Queensbury and I went onto Skidmore
and moved around the country. I come bock to Saratoga and I mention
Saratoga, I don't mention the Queensbury area, I come buck to
Saratoga because of what they offer. What they offer is phenomenal,
and what Alike Brandt it offering is what Saratoga epitomizes is
culture. It is not on economic development for the area that is
bused on definitely money, if it is you would notice a similarity
between a lot of other developments in this.area that's...basically
emphasis establishing u locution that will really draw people to
move in they ore just going to leave it and say good buy. We can
see that all over, what Michael, or Alike has establishing is to develop
theaters and so on, he is interested in developing equestrian facilities
he is interested in developing a lot of cultural activities that go
beyond the realm of what is thought of for the normal developer.
Now, Michael has the best interests over there a lot of people and
forgetting that, I grew up with his family, Sue was my lob partner
in Queensbury his dough ter and I was kind of turned on to skiing
and to the Adironducks by the Brundts. I thought skiing was something
to do and I thought a lot of things up there were just something
to do but then as I grew up and went to Skidmore I found out that
there is u whole world out there that can be touched upon by culture.
I through Skidmore just to touch upon some things that I want to
realize Mike Brandt is going to be offering here. I through Skidmore
got into Polo I got into training race horses and I even went down
to Kentucky. Down there a dream come true for a young little
kid that come up through the Queensbury area, ...it was all because
of what was going in Saratoga what was going on around here.
I ended up doing some things and meeting some people because
of Saratoga. Because of the skiing around here when I was done
in Kentucky I met someone by the name of Tomora McKinney and
the McKinney family its those cultural things that go on that allow
someone my age when I was back then to dream of becoming things.
Yes, you ore correct it is big dreams but dreams do come true.
When I was fifteen I moved here I never thought I would be able
to work with Seattle Slew and I did and I never thought I would
meet and Olympic Skier but I did, now I am dropping these names
because none of those dreams would ever been thought of had
not come from an area like this. I hove gotten into building and
developing since 1 got out of school and I gotten into the field where
you find, as one gentlemen mentioned, the tail end that I just caught,
there ore a lot of small subdivisions that are coming into the area,
those things ore hard to control. It is very simple for someone
like myself to just grub a piece of land subdivide it without too
much of a hassle. But yet the quality control isn't there as much
as you would like it to be. When you have a large project like this
as someone else mentioned there are constantly people storing
over your shoulder and it is very difficult to go wrong, even if you
wont to. Now, I also know of the staff that Mike has complied
and to tell you the truth before a couple of weeks ago I was not
too sure what was going on up on the Mountain but I was floored,
I just thought it was going to be a ski development, it is not. Do
not fool yourselves that you ore just voting on something that is
going to bring some money into somebodies pocket and just is going
to walkaway. That is the way o lot of development are and that
should bring a lot of people my age to those but there ore also
some people out there that have a dream and it is a dream that
has been going on for years and I know when you talk to Mike you
see a little kid in his eyes that is quality, that is love that is a developer
that loves what he is doing, someone that wants to bring something
to the area not somebody out there, that excuse me, is going to
rape a piece of land and walk away. There ore people sitting over
in Queensbury right now, I wont to tell you the truth I went over
for the first time when I got here tonight I went over to the Town
Hull now, if you are concerned about things that are going one
that are not quality you should be over there and listen to some
of the things that are being proposed. Mike is offering, riding trails,
he is offering, tennis, I should not ...the whole thing 1 kind of get
worked up over it because it is exciting, he is offering a lot of
quality projects. I cannot emphasis that enough..(tape
266 k
turned) the infrastructure in fact the pollution the whole business
up there look at how the development is being proposed if they
had concern with that they would not be targeting a piece of land
as...as it is so people can share. Think of the little kids that are
going to be walking up there as I did um teen years ago and fell
in love with dreams. Yes, dreams can be realized l get emotional
about it, and I just want to thank Mike and 1 want to thank people
in the area that allow us to dream. That is what the Adirondack
are about. I don't, believe me I would and I have through out the
area hove spoken out when piece of property that were being raped
by developers and I also lost a ton of money because I got involved
with some partners who wanted to rape a piece of land that I got
involved in. I was not too smart buck then, but I was threatened
with a law suit but I was not going to let the land get raped, and
Mike isn't doing that. Please I know I um just a young man here
but trust me for what I have said I do not see him doing that. I
wish him the best of luck. Thank you.
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SUPERVISOR BORGOS Is there anyone else? Yes, Sir.
MARGARET BURRELL i am Margaret Burrell, again, Queensbury, I am going to leave poetry
uside right now and speak very briefly addressing a consideration
that I brought up nine months ago when the concept,there was
a public meeting about this concept and I haven't heard anyone
else address this area. That is the problem of solid waste disposal.
At the time I spoke I think I said something to the effect that our i
landfill was already over subscribed does not at present meet with
State requirements and I _guess the question, if we are considering
quality development and I have no question that what Mr. Brandt E
has in mind is quality development but unless we have the satisfuctory r
means to take care of all the extra solid waste that these new
developments bring in i do not know how we can think we are talking
about quality development. In conclusion let me say Mr. Brandt
came to me thanked me for bring up that subject saying that it
was one that he had not given sufficient thought to, I have not
heard anyone say anything about subsequent thought, 1 would like
to. Thank you.
SUPERVISOR BORGOS Thank you. I saw Mr. Brandt's hand up a few minutes ago, again
we ore not trying to get into a debate but if he wants to spend
u moment or so and answer that or speak on something else you
ore welcome to do it.
MR. MIKE BRANDT I am somewhat embarrassed, sometime, it always relates to Mike
Brandt, first of all I have a wife Mary, we have been ut this for s
a long, long time, brother Paul, we have been at this for a long,
long time, like when I used to be a laborer in construction trade
everyone knew the name Mike awful quick, hey Mike, more mud, e
its an easy name and I do not deserve a// the credit but all the
wrath of I guess. There is one thing I wonted to say, it has been
said here and I read Mrs. Burrell's letter to the editor about air
quality and I took it upon myself to call the people in Warrensburg
with Environmental Conservation to ask them what I could learn
about air quality in the area, because 1 also hove read in the newspapers
that the air quality in Glens Falls is bad. I read that it was one
of the worst hundred towns in the United States and the man that
I talked to there who is in charge of air quality said that, that,
he told me today, that, that was on error that EPA was not correct '
and that the air quality in the Glens Falls, Warren County and Washington
County area is at attainment, that is the word they used that is
what EPA is trying to obtain in air quality, it meets that for ozone k
or suffer dioxide, for al/ pollutants that are measured. He said
it is, he told me now, and I think we certainly need to clarify all
this because I certainly am not an air quality person, I think we
need, I believe that we con address this in detail and certainly
will with the final comments that we hove to make. I think it is
a disservice to us all if we think we hove polluted air and we do
not have polluted air and the fact should be made clearer and also
the I would love that the press talk to ENCON and found out what
the situation is and properly inform us to what it is. If we all believe
what we read in the newspaper unless you are on the Town Board,
but it is an issue that has to be addressed and properly so. As fur
us solid waste I think my comment was, after that other hearing
that we have not addressed the issue source
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separation and I think it is a very, very good concept, it is going
to be low, we do not have any choice anyhow it ought to be law.
So separation is a necessity and we decided from her comments
to include source separation in the home, right in the beginning.
But by the time we build, it's probably going to be low anyhow.
We hove to do something on solid waste. I'm not unaware of it,
I think I was very involved in creating the current landfill. We
knew in time....and we know that there is problems. I don't think
it is a problem we alone can solve, I think we hove to work as a
community, as counties, as regions, to solve that problem. I think
everybody is going to do that, will do our share too. Thank you.
SUPERVISOR BORGOS Thank you very much. I would appreciate it if the FEIS can resolve
this issue of whether we are or not on the one of ninety-six list
with some documentation. I think that would be importune.
L YNN FOSBROOK We can certainly research it.
SUPERVISOR BORGOS I would appreciate that. Mr. Montesi.
COUNCILMAN MONTESI I just wanted to address some comment to one of the lodies that
came up, I think she was Pitcher Road, Judy Winchester. Whut
you said was really worthy of a comment. Its somewhat in mind
with what I was talking about in terms of findings. The next step
beyond this, beyond the public hearings, if conceptual approval
is given to this development is, clot of the comments that we talked
about in terms of upfront dollars ore pretty well implanted in this
developer's mind. I-low much is it going to cost to run u sewer
line? Obviously you can't put a hotel up on the mountain or any
homes up on the mountain unless you have water and sewage and
you can't get to that point on the mountain unless you have the
rood because we have asked them not to, we have mandated not
to use those inter mountain roads. I guess the very first thing that
has to happen is a major road to be built in from Corinth Road
or Call Rood. Some pretty big dollars, probably four or five million
dollars. I would guess a sewer line into the City of Glens Fulls
without any help on any other tax payers along the way that wants
to be part of it, probably a ten million dollar project. I can only
estimate a four or five million dollar project to run a twelve inch
line up to the top of West Mountain, the pumps alone have to be
pretty good size for that kind of water and there has to be a tank
up on top of there that provides a reservoir of water for fire protection
and for the development. So right off the bat, Mr. Brandt and
his group of developers and financial backers have twenty or thirty
or forty million dollar bills to look at before they get too fur into
the ground, before they do too much scurring of our mountain,
Mike's mountain. But its our mountain and when I cross the bridge
at Exit 18, 1 know that I'm home because I see Alike's mountain.
We are aware of that and I think they're frightfully aware of the
costs that will be up front and that will be before any of the mountain
is torn uport. Looking at the plans at that mountain, I don't see
much scurring of our mountain, the Puce of our mountain. I see
an additional funiculur up the mountain that will probably look
very similar to a ski slope. But I see my mountain being untouched.
I see plot of homes being built over the ridge line of the mountain
so they probably wont even be visible from Glens Falls. Alot of
thought has gone into that. I just wont you to know that the up
front dollars that have to be expended here, are being ....
IPER VISOR BORGOS Any comments from the Luzerne Town Bourd? You ore very quiet
— over there.
COUNCILMAN VICTOR GRANT Thank you for having us over here. Its u pleasure to listen
to the comments and we will continue to listen to all the comments.
We wont forget the quality of life, the quality of air, the quality
of the people that live in this beautiful area, the protection that
you've asked us to consider, will be considered. I assure you that
that will come first.
SUPERVISOR BORGOS Thank you. Anyone else from the audience ut this point? Anybody
else on the Town Board, any comments?
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COUNCILMAN POTENZA My only comment, I think Mr. Mon tesi expressed my concerns and
my feelings. I'll reserve my other comments until next time, except
that I've learned now that I'I1 now coil it Mary Brandt's Project.
SUPERVISOR BORGOS Mr. Krogmann has asked me to remind you that Luzerne has their
public hearing tomorrow night. The location is in your Town Hall,
I presume.
JUDGE KROGMANN Yes, at seven o'clock.
SUPERVISOR BORGOS We thank you again for coming out here this evening.
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On motion, the meeting was adjourned.
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RESPECTFULL Y SUBMITTED, I
DARLEEN M. DOUGHER
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