4.17 4.17
PROPERTY PURCHASES OR ACQUISITIONSTroperty-Accept Donation John Clendon Hidden Estates—Leuci—Conservation
Subdivision—2-27-17
RESOLUTION AUTHORIZING ACCEPTANCE OF PARCEL OF LAND
LOCATED OFF JOHN CLENDON ROAD IN THE TOWN OF
QUEENSBURY FROM JOHN CLENDON HIDDEN ESTATES, LLC
RESOLUTION NO.: ,2017
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, John Clendon Hidden Estates, LLC has offered to donate to the Town of
Queensbury an approximately 41.6 acre parcel of land located off of John Clendon Road in the Town
of Queensbury designated as a portion of Tax Map No.: 295.15-1-6 to the Town of Queensbury, and
WHEREAS, the Town Planning Board, by Resolution adopted on October 18, 2016,
conditioned its approval of the Joe Leuci 66 Acre Conservation Subdivision in part as follows in
Condition 410: "This approval is conditioned upon Town Board acceptance of the 41.6 acre area
of the Conservation Subdivision as identified on Sheet S-1 with notation land to be conveyed to
the Town of Queensbury for the purpose to include in the Rush Pond Trail system," and
WHEREAS, the Town's "An Open Space Vision for the Town of QueenShIHT," adopted
on July 7, 2003, explains the need to develop nature preserves as areas to protect the wildlife and
natural areas that enrich our everyday lives as they help keep the waters clean by acting as natural
bio-filters, clean the air by absorbing pollutants and offer a place to enjoy the outdoors, and such
document describes the Rush Pond area as a potential nature preserve, unique natural area
composed of two ponds and several existing trails throughout and its location near the
Queensbury schools and relative proximity to major existing and planned bike trail corridors
present an excellent opportunity for Queensbury residents to enjoy its natural beauty, and Rush
Pond forms the headwaters of the Glen Lake Fen, is critical to the future water quality of Glen
Lake, and its complex of ponds, stream, and bordering vegetated wetlands (fen) presents a
wonderful outdoor education and passive recreation opportunity for the community. (See Vision
Map and pages 12, 13 and 14), and
WHEREAS, the Town's "Town of Queensbzny Comprehensive Plan," adopted on August
6, 2007 describes the Rush Pond area as a natural amenity and public access to this natural
recreational area should be expanded; Recommendation B.1. Rush Pond area was identified as a
water and wetland network that plays an important environmental roles (e.g. drinking water, flood
control or wildlife habitat) as well as important economic and social roles (e.g. tourism or
recreation); Recommendation B.4 states that the Town should expand its non-vehicular trail and
connections in the Rush Pond area; and the Rush Pond area provides an opportunity to expand
the trail network in Queensbury — an important environmental and economic asset. (See pages 7,
23 and 28), and
WHEREAS, the Town Board, after evaluating the proposal, feels that acquisition of the parcel
will benefit Town residents and be consistent with the Town Planning Board's Resolution adopted on
October 18, 2016 and therefore wishes to authorize its acceptance,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and accepts the dedication of
an approximately 41.6 acre parcel of land located off of John Clendon Road in the Town of
Queensbury designated as a portion of Tax Map No.: 295.15-1-6 to the Town of Queensbury,
provided that John Clendon Hidden Estates, LLC provides the Town with a deed and real property
forms in acceptable form and the Town receives Title Insurance insuring marketable title to the
property prior to acceptance and recording of the deed, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any
and all documents necessary to complete this transaction including any required real property transfer
forms in form acceptable to Town Counsel, and
BE IT FURTHER,
RESOLVED, that the cost of any recording fees and title insurance shall be paid by John
Clendon Hidden Estates, LLC, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Board, Town
Budget Officer and/or Town Counsel to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 27ffi day of February, 2017,by the following vote:
AYES
NOES
ABSENT:
i
Town of Queensbury
Community Development Office
; 742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION—Approve Final Stage for Subdivision PZ 206-2016
JOSEPH LEUCI
Tax Map ID 295.15-1-6/Property Address: John Clendon Road/Zoning: MDR
MOTION TO APPROVE FINAL STAGE FOR SUBDIVISION PZ 206-2016 JOSEPH LEUCI,
Introduced by George Ferone who moved for its adoption.
Whereas a subdivision application has been made to the Queensbury Planning Board for the following:
Applicant proposes to subdivide 66 acre parcel as a conservation subdivision revised with 20 lots— 19 single
family residential lots ranging from 1.9 +/- acres to 0.80 acres with one lot of 41.6 acres to be used as open
space parcel access through easements with Rush Pond. Project includes grading, clearing, on-site septic,
municipal water and stormwater measures. Pursuant to Chapter 183 Article X Conservation Subdivision of
the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval.
Whereas pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
Whereas a public hearing was scheduled and held on 4/28/2016, 6/23/2016, 8/16/2016 and 9/20/2016 and
then closed on 9/20/2016
Whereas the requirements of the State Environmental Quality Review Act have been considered completing
Part II and Part III of the Long Environmental Assessment Form and the Planning Board had adopted a
SEQRA Negative Declaration on 9/20/16.
Whereas this application is supported with all documentation, public comment, and application material in
the file of record including the following items;
1. Waiver requested granted for road length greater than 1,000 ft and for the subdivision of more than 15
lots to have one access with a culdesac where Town Highway supports the waiver requests based on the
design proposed,
2. The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed
around these areas and field verified by Community Development staff
3. Engineering sign-off required prior to signature of Planning Board Chairman.
4. The applicant must submit a copy of the following to the Town:
a) The project NOI (Notice of Intent) for coverage under the current NYSDEC SPDES General Permit
or for coverage under an individual SPDES prior to the start of any site work.
b) The project NOT (Notice of Termination) upon completion of the project; and
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Phone: 518.761.8220 I Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 12804 I www.queensbury.net
I
5. The applicant must maintain on their project site, for review by staff:
a) The approved final that have been stamped by the Town Zoning Administrator. These plans must
include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared
and approved; and
b) The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an
individual SPDES permit issued for the project.
6. Final approved plans, in compliance with the Subdivision, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and Codes
personnel.
7. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the
beginning of any site work.
8. Subsequent issuance of further permits, including building permits is dependent on compliance with this
and all other conditions of this resolution;
9. As-built plans to certify that the subdivision is developed according to the approved plans to be provided
prior to issuance of the certificate of occupancy;
10. This approval is conditioned upon Town Board acceptance of the 41.6 acre area of the conservation
subdivision as identified on Sheet S-1 with notation land to be conveyed to the Town of Queensbury for
the purpose to include in the Rush Pond Trail system.
11. That Lot Number Four, Number Five, Number Six, and Number Seven will have trees planted every 50
feet along the border of each lot for a total of 13 trees.
Motion seconded by Stephen Traver. Duly adopted this 18th day of October, 2016 by the following vote:
AYES: Mr. Deeb, Mr. Shafer, Mr. Ferone, Mr. Traver, Mr. Hunsinger
NOES: Mr. Schonewolf, Mr. Magowan
Cc:
Amending the plan to reflect One tree per 50 feet rather than one tree per 100 feet as the existing plan
reflects
Phone: 518.761.82201 Fax: 518.745.4437 1742 Bay Road, Queensbury,NY 12804 1 www.queensbury.net