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1989-05-10 SP 295 SPECIAL. TOWN BOARD MEETING MAY 10, 19139 4:035 p.m. TOWN BOARD MEMBERS Supervisor Stephen Bor-gos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney-Paul Dusek 'TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka Supervisor Borgos-The purpose of this meeting is to have a tour of the Town Highway System with Paul Naylor Highway Supt . we will first have a discussion on a proposed amendment to the Zoning Ordinance regarding Docks, then go on a road tour and following that move into executive session to discuss land acquisition. Asked that during the road tour that the Board stop at the Fitzgerald Gravel Pit to reveiw a request of Mr . Fitzgerald to remove part of the stop work order +_o allow the disposal of the stock piled material . Requested that the Town Attorney review the Amendment to the Zoning Ordinance in regard to Docks . Town Attorney Paul Dusek-It may be helpful if I just explain why it is -that our ordinance says what it does, first of all because then it will explain why I thought of this idea today . Basically , the Town Zoning Ordinance is considered an exclusionary ordinance, by that I mean if something is not li.st.ed in a particular zone to occur than it can't occur. When you go to waterfront residential you will note that there are no marina ' s , therefore marina' s cannot occur there . You look at private docks however, they are allowed with site plan .review. When this ordinance came into effect in 1988 if your non-conforming use had stayed at normal so to speak iz) theory everybody who rented docks everybody who had bl).slnesses operating on the lake etc . would. have been exempted from this ordinance . There was a provision put in which said just because you rented out docks doesn't mean that you will be exempt . So, basically taking away the grandfathering clause . Last night the Board gave me direction they basically indicated that they want to just to away with our part of the rental business and let the Lake George Park Commission do their thing. As I started working this up, Lee helped me to draft a proposal , it became relatively complex Because deleting certain provisions of the ordinance or doing a deletion type of arrangement meant significant changes to the ordinance . We were looking to eliminate the entire dock provisions to the lake , the entire gr.andfathering clause and a few other things and I did not know what the entire effect of that might be, except that I dial know that a subsantial chance in nature may cause a problem with other agencies . We would have to put the APA on notice etc . and they may raise objections and maybe all this would be fruitless . I also spoke to the Attorney for the Lake George Park Commission and try to get some feel as to where they were at . After this review, it seemed. to me that the Board was really interested in allowing one dock rental or one boat to be rented, one dock space to be rented at a dock, that. . . Councilman Potenza-Per parcel , because some parcels have more than one dock. Town Attorney Paul Dusek-We may have a problem there . . .perhaps the Board was trying to get back to the position that was in effect with the last ordinance . . .as I reviewed the ordinance if I can change just two definitions, i"•. A`v. t.e dicks and mac i.na sk-.1 that, marina now includes 296 anything that has more than one vessel , not registered to the owner, which means two or more vessel then and I also changed private docks to mean three vessels owned by the property owner except that one of the vessels may be owned by somebody other than the property owner. I you go back to the exclusionary zone argument, now when you look down and you see private dock and you see under private dock a definition that one rental on that dock would be allowed. If you go to the marina provision, now you will see that a marina in longer is a rental of one . Basically we are saying you can have up to three vessels which are owned by the property owner except that one of those does not have to be owned by the property owner . There is one problem, we Fii"e allowing one non property owner boat at each dock as opposed to per parcel . . . . (Wording discussed by Town Board) "Dock Private" means a wharf or portion of a wharf extending along the shore and generally connected to the uplands which accommodates up to three (3) vessels, all owned by the property owner or immediate family members residing with property owner with the exception of one (1) of the said vessels which may be owned by someone other than the property owner and further excepting canoes, rowboats, and sailboats under eighteen ( 18 ' ) feet. The provisions related to vessels owned by someone other than the property owner shall be limited to one ( 1 ) vessel per parcel . . . Councilman Monahan-I. thought the whole idea was to get Dave Hatin out of policing this? Town Attorney Paul Dusek-Here is the problem that I ran into , I checked out the Lake George Park Commission on thier rrO.es the point was made to me by their attorney, if you get out entirely what is going to happen is that our regulations do not say that there cannot be any rentals, our regulations say if you want to rent one space you got to do such and such and. if you want to rent more than one space do such and such, and if they meet the criteria it is open for all rentals . His suggestion was you may want to consider doing something different than that . Councilman Potenza-This will atleast allow the people who want to rent to able to do it legally . . . Councilman Monahan-Questioned the wording of uplands . . . Town Attorney Paul Dusek-Noted at this point in time the only change that was being proposed was what had been gone over. . .asked that no other changes to made until further research is done . . . Councilman Monahan-- Asked that when further revisions are made that , that wording of uplands be looked into . . . Supervisor Borgos-We will be doing other revisions in the next few weeks . RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZOINNG ORDINANCE - REGARDING DOCKS RESOLUTION NO. 269, 1989 Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS , the Town Board of the Town of Queensbury desires to amend., suipplement, change , and/or modify the Town of Queensbury Zoning Ordinance which was adopted on October 1 , 1988, and WHEREAS , the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance by Ordinance, and WHEREAS , in order to so amend , supplement, change, modify, or- repeal the Ordinance , it is necessary to hold a public 297 hearing prior to adopting said proposed amendment, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change , and/or modification to the Town of Queensbury Zoning ordi_r)ance which was ad.optted on October 1 , 1988 , and which Proposed amendment , sUpplemerit , change and/or modification is as follows : ARTICLE 2 (GENERAL PROVISIONS ) SECTION 2 . 020 (DEFINITIONS) B. 76 . (DOCK PRIVATE) TO READ AS FOLLOWS* "Dock Private" means a wharf or portion of a wharf extending along the shore and generally connected to the uplands which accommodates up to three ( 3) vessels , (all ) owned by the Property owner or immediate family members residing with property owner [with the execption of one ( 1 ) of the said vessels which may be owned by someone other than the property owner and further) excepting canoes, rowboats , and sailboats under eighteen ( 181 ) feet . The provision related to vessels owned by someone other than the property owner shall be limited to one ( 1 ) vessel per parcel . ARTICLE 2 (GENERAL PROVISIONS) SECTION 2 .020 (DEFINITIONS) B. 162 (MARINA) TO READ AS FOLLOWS : "Marina" means any waterfront facility which provides accomodation services for vessels by engaging in any of the following : 1 ) The sale of marine products or services 2) The sale, lease , rental or charter of vessels of any type; or 3 ) The sale , lease , rental or any other provision of storage , wharf space or mooring for [more than 1 vessel ] not registered to the owner of said facility, member of the owrrAr ' s immediate family, the owner or lessee of the immediately adjoining upland property, members of then immediate families , or an overnight guest on said property. *A single line through words indicates matter to be deleted. Pra.ncket ( [] ) indicatge new or added language. AND BE IT FURTHER RESOLVED, that said public hearing shall be held on May 23, 1989, at 7 : 30 p.m. at the Queensbury Activities Center, Bay at Haviland Road, Queensbury, Warren County, New York, and BE IT FURTHER PF.SOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said plAblic hearing by publishing the notice presented at +:his meeting for pjirposes of publication in an official newspaper of the Town and by posting on the Town bulletin bnarcl outside the Clerk' s Office said notice, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby aui-hori7ed and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury in accordance with the written notice presented at this meeting, to be delivered 10 days prior to the following: The Town. of Bolton, by service upon the Clerk of the Town of Bolton, Town of Lake George, by service upon the Clerk of the Town of Lake George, Town of Fort Ann, by service upon the Clerk of the Town of Fort Ann, VjJl -'z'Te of 1,a1�e Genrar* 1>y service ,ar,t,n the Cl,-J-, of the_-. 298 Village of Lake George , Warren County, by service upon the Clerk of the Board of Supervisors , Lake George Park Commission, Department of Environmental Conservation, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law of the State of New York, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance and refer said proposed amendment to the Warren County Planning Agency and the Planning Board of thn 'Town of Queensbury for their review in accordance with the laws of the State of New York and Zoning Ordinance of the Town of Queensbury, and that copies of the Ordinance , this resolution and copies of the notices be given to said agencies unless said agencies already have copies of the same , and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is also hereby directed to give notice and refer this matter to the Adirondack Park Acfency in accordance with the laws, xeul.es and regulations of the State of New York and the Acl i r ondack Park Agency . Duly adopted this 10th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mr , Montesi , Mrs . Monahan, Mr. Borgos Noes : None Assent : Mr . Kurosaka RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY R3 (;ARD-ING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE RESOLUTION NO. 270, 1989 introduced by Mrs . Marilyn Potenza, who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS , the Town Board of the Town of Queensbury is presently considering the amendment, supplementation, change , or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1 , 1988 as follows: : ARTILE 2 (GENERAL PROVISIONS) SECTION 2 . 020 (DEFINITIONS) B. 76 (DOCK PRIVATE) TO READ AS FOLLOWS* "Dock Private" means a wharf or portion of a wharf extending alone; the shore and generally connected to the uplands which accommodates up to three ( 3 ) vessels, [all ] owned by the property owner or immediate family members residing with property owner [with t.be exception of one ( 1 ) of the said vessels which may be owiiecl by someone other than the property owner and further] excepting canoes , rowboats, and sailboat-, under eighteen ( 181 ) feet. The provision related to vessels owned by someone other than the property owner sh-111 be limited to one ( 1 ) vessel per parcel . AP,TiCLE 2 (GENERAL PROVISIONS) SECTION 2 .020 (DEFINITIONS) B. 162 (MAILINA) TO READ AS FOLLOWS : "Marini?" means any waterfront facility which provides accommodation services for vessels by engaging in any of the following: 1 ) The sale of marine prodvi.ct-s or services ; 2 ) The sale , lease , rental or charter of vessels of any 'a1 The sale , lea P . rental or any other provisions of 299 storage , wharf space or mooring for [more than 1 vessel ) not registered to the owner of said facility, member of the owner' s immediate family, the owner or lessee of the immediately adjoining upland property, members of thter immediate families , or an overnight guest on said property. *A single line through words i.ndicatges matter to be deleted. Brackets ( [ ] ) indicate new or added language, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental reveiw of the proposed action which consists of adopting the proposed amendment , and WHEREAS , it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is a Type 1 Action, NOW , TH RFFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and hereby directs the Town Planner for the Town of Queensbury to notify the Adir.-ondack Park Agency , Planning Board of the Town of Qi.ieensbury, and the Warren County Planning Board of this cic'si� e , and that a lead agency must be designated within 30 clays and to further send a copy of the Part I of the Long Environmental Assessment Form, this resolution, and the proposed amendments and notifications to these agencies . Duly adopted this 10th day of May, 1989 by the following Ayes : Mrs . Potenza , Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr . Kurosaka TOWN BOARD NOW GOING ON ROAD TOUR WITH MR. PAUL NAYLOR 1iIGHWAY DEPT. SUPFRINTENDENT DINNER, BREAK TAKEN RESOLUTION TO RECONVENE TOWN BOARD MEETING RESOLUTION NO. 271 1989 introduced by Mrs . Betty Monahan wlio moved for its adoption, seconded by Mr. Ronald Montesi : RFSnI.,VET>, that the Town Board herby moves back into regular ser,s1.on. Di.jly adopted -this 10th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None A.Josent, : Mr . Kurosaka RESOLUTION CALLING TOIL EXECUTIVE SESSION RESOLUTION NO. 272, 1989 Introduced by Mrs . Betty Monahan who moved for its adopt.ion, seconded by Mr. Ronald Montesi : RESOLVED, that the Town Board hereby moves into executive session to discuss matters of land acquisition. holy adopted this loth day of May , 1989 by the following 300 Ayes : Firs . Potenza, Mr . Mont.esi , Mrs . Monahan, Mr. Borgos 1•xf)Fas : None Absent : Mr . Kur osaka on mot:i oii the meeting was adjourned. Pespectfully submitted, Miss Dayleen M. Dougher Town C 1 ex-k-Queensbury i i