1989-08-30 SP 240
SPECIAL TOWN BOARD MEETING
AUGUST 30, 1989
5 :30 p.m.
TOWN BOARD MEMBERS PRESENT
Supervisor Stephen Borgos
Councilman George Kurosaka
Councilman Marilyn Potenza
Councilman Ronald Montesi
Councilman Betty Monahan
Town Attorney Paul Duse't;
Supervisor Borclos-Openeil the mee+-,i.xjg. .
RESOLUTIONS
RESOLUTION TO TRANSFER J1JNDS
RESO_LU_TION NO. 47_3,_1989, Introduced by Mrs . Marilyn Potenza
who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS, the Town Attorney ' s Office wishes to transfer funds
because of the need to pay arbitration expensed, and
WHEREAS, sufficient funds do not exist in the Town
Attorney' s Contractual Account No . : A 115-1420-440, for the
payment of said arbitration expenses ,
NOW, THEREFORE BE IT
RESOLVED, to transfer 700 . 00 from the General Equipment
Account, No . A115-1420-200, to the Town Attorney' s
Contractual Account No . : A115-1420-440 to cover the cost of
paying arbitration expenses .
Duly adopted this 30th day of August, 1989, by the following
vote :
Ayes : Mr. Kurosaka, Mrs . Potenza , Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent : None
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF
EXCHANGE OF EASEMENT RIGHTS
RESOLU_TION NO. _474, 1. 98_9_, Introduced by Mr. George Kurosaka
who moved for its adoption, seconded by Mrs . Marilyn
Potenza:
WHEREAS, the Town of Qneensbur.y is presently the holder of
an easement over certain lands on the southerly side of
Corinth Road, in the Town of Queensbury, and located upon
property owned by Carole J. Carey and William F. Carey, as
Trustees of the Carey Real Estate Trust, and
WHEREAS, the said trustees of the Carey Real. Estate Trust
have proposed to grant an easement at a different location
over said property to the said Town in return for the
release of the aforedescribed easement, and
WITEREAS, deeds providing for the exchange of said easements
have been presented to this meeting, and
WHEREAS, it would appear that. the exchange of properties
referred to in this resolution, is an unlisted action under
the New York Environmental Quality Review Act, and
WHEREAS, a Short Environmental Assessment Form concerning
the proposed exchange of real property has been completed
and presented to this meeting,
441
NOW, THEREFORE BE IT
RESOLVED, that:
1 . The property exchange is subject to review under the
State Environmental Quality Review Act.
2 . As no other State , Federal or Local Agencies appear
to be involved, the Short Environmental Assessment Form is
satisfactory for a review of the property exchange,
especially in light of the fact that the subdivision over
which the easements are placed has been reviewed by the
Planning Board of the Town of Queensbury.
3 . It is hereby determined that the property exchange
will have no significant environmental impact .
4 . The Town Supervisor is hereby authorized and
directed. to execute and file, as necessary, a Negative
Declaration indicating that the property exchange will have
no significant adverse environmental impacts and file such
Negative Declarations as may be necessary.
Duly adopted this 30th day of August, "1989, by the following
vote :
Ayes : Mr. Kurosaka, Mrs . Fotenza, Mr. Montesi , Mrs .
Monahan, Mr. . Borgos
Noes : None
Absent: None
RESOLUTION AUTHORIZING EXCHANGE OF EASEMENT RIGHTS BETWEEN
THE TOWN OF QUEENSBURY AND CAREY REAL ESTATE TRUST
R_ESO__L_ UTION_NO. _475, 1989,_ Introduced by Mr . George Kurosaka,
wlio moved for its adoption, seconded by Mr_ . Ronald Montesi :
WHEREAS, the Town of Queensbury is presently the holder and
owner of an easement over certain lands on the southerly
side of Corinth Road., in the Town of Queensbury, and located
upon property owned by Carole J. Carey and William F. Carey,
as Trustees of the Care Real Estate Trust; said easement
having been conveyed to Y-he Town of Queensbury in 1968 and
appearing in the recorded deeds of Warren County in Liber
513 of Deeds at Page 220, and
WHEREAS , the said trustees of the Carey Real Estate Trust
have proposed to grant an easement at a different location
over said property to the said Town in return for the
release of the aforedescr_ ibed easement, and
WHEREAS , the easement proposed by the said trustees would
allow the said Town to have access to a parcel of land, it
owns , from Corinth Road while the easement presently owned
noes not, and
WHEREAS , the Town Board of the Town of Queensbury finds that
the currently held easement is no longer needed for Town
purposes , especially in light of the proposal by the
trustees , and that the proposed easement exchange will
benefit the residents of the Town of Queensbury by enhancing
the capability of development of certain property owned by
the Town of Queensbury in the general vicinity of said
easement and as the ini-.ere.^.,ts in the land being exchanged
are easement rights and as the easement being granted to the
Town is obviously equal to or greater in value than the
easement being conveyed, it is not necessary to obtain real
estate appraisals , and
WHEREAS, proposed deeds providing for the exchange of said
easements, a title policy and two survey maps have been
presented at this meeting,
242
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby authorizes the exchange of the aforesaid easements,
more particularly described above and in the deeds and maps
presented at this meeting, and the Town Supervisor is hereby
authorized and directed to execute a deed of the easement
aforedescribed as owned by the Town of Queensbury to Carole
J . Carey and William F. Carey, as trustees of the Carey
Real Estate Trust, and place the seal of the Town of
Queensbury on the same and execute a Combined Real
Proproperty Transfer Gains Tax Affidavit Real Estate
Transfer Tax Return Credit Line Mortgage Certificate, and
BE IT FURTHER —`
RESOLVED, that a previous Town Board Resolution, bearing
number 166, and dated March 14, 1989, directing that payment
of said easement be had before the same is accepted, is
hereby amended to provide that paving will not be necessary,
and
BE IT FURTHER
RESOLVED, that, in accordance with Section 64(2) of the Town
Law of the State of New York, that part of the foregoing
resolution which authorizes the conveyance of the Town' s
easement shall be subject to a permissive referendum and the
Town Clerk is hereby directed to provide such notices and
take such action as the Town Law may require .
Duly adopted this 30th day of AlAgust, 1989, by the following
vote :
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent: None
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF
DRAINAGE EASEMENT
RESOLUTION NO. 476, 1989, Introduced by Mr. George Kurosaka
who moved for its adoption, secot)de by Mr. Ronald Montesi :
WHEREAS , the Town Board of the Town of Queensbury is
considering the acceptance of a drainage easement in the
Tyneswood Subdivision, offered for acceptance by Timberland
Consultants , Inc . , and
WHEREAS, the Town Board of the Town of Queensbury is duly
qualified to act as lead agency with respect to compliance
with SEQRA which requires environmental review of certain
actions undertaken by local governments , and
WHEREAS , the proposed action is an unlisted action pursuant
to the Rules and Regulations of the State Environmental
Quality Review Act ,
NOW, THEREFORE BE IT
a
RESOLVED, that the Town Board of the Town of Queensbury,
after considering the action proposed herein, reviewing the
Environmental Assessment Form, reviewing the criteria
contained in Section 617 . 11 , and thoroughly analyzing the
project with respect to potential environmental concerns ,
determines that the action will not have a significant
effect on the environment, and
BE IT FURTHER
RESOLVED, that the Town Board hereby finds that the proposed
responses inserted in Part II of the said environmental
assessment form are satisfactory and approved, and
:24
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby authorized and
directed to complete and execute Part III of the said
environmental assessment form and to check the box thereon
indicating that the proposed. action will not result in any
significant adverse impacts , and
BE IT FURTHER
RESOLVED, that the annexed negative declaration is hereby
approved and the Town Clerk is hereby authorized and
directed to file the same in accordance with the provisions
of the general regulations of the Department of
Environmental Conservatign.
Duly adopted this 30th day of August, 1989, by the following
vote :
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent :None
RESOLUTION ACCEPTING DRAINAGE EASEMENT TYNESWOOD SUBDIVISION
RESOLUTION NO. 477, 1989, Introduced by Mr. George Kurosaka
who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS , the Town Board of the Town of Queensbury, by
Resolution No . 373 , of 1988 , previously accepted roads known
as Whispering Pines Way, Southerly portion of Mohawk Trail ,
Chippewa Circle, and the northerly extension of Algonquin
Drive in the Tyneswood Subdivision, and
WHEREAS, a drainage easement was also to be dedicated but a
description was not included with the deed, - and-
WHEREAS , Timberand Consultants , Inc . , has now offered a
separate deed for conveyance of said drainage easement, and
WHEREAS , the Town Board of the Town of Queensbury has
considered the environmental effects of the proposed action
by previous resolution and has issued a negative declaration
pursuant to the State Environmental Quality Review Act,
NOW, THEREFORE BE IT
RESOLVED, that the aforementioned easement is hereby
accepted and approved and that the Town Clerk is hereby
authorized and directed to cause said easement to be
recorded in the Warren County Clerk' s Office, after which
said easement shall b properly filed and maintained in the
office of the Town Clerk of the Town of Queensbury .
Duly adopted this 30th day of August, 1989 by the following
vote :
f
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent : None
RESOLUTION TO SET PUBLIC HEARTNG ON LICENSE TO OPERATE A
TRANSIENT MERCHANT AND/OR SOLICITOR MARKET — ROBERT TYRER
RESOLUTION NO. 478, 1989, Introduced by Mr. Ronald Montesi
who moved for its ad.opt.i.nn , seconded by Mrs . Marilyn
Potenza :
WHEREAS , Robert Tyrer has made application to the Town
Board of the Town of Queensbury for a license to operate a
24 4 transient merchant and/or solicitor market, at the corner of
Glenwood Avenue and. Quaker Road, in accordance with the
provisions, of.. Lq Ja� ..Law No, of `.1'985 , which license if,
granted and approved shall remain in effect until one (1 )
year from the date of issuance and which license will be
personal to the applicant and not assignable, and may
thereafter be renewed upon payment of the annual license fee
without hearing, and
WHEREAS, the Town Clerk of the Town of Queensbury is in
possession of said application, and
WHEREAS, pursuant to said Local Law No . 3 of 1985 , it is
necessary for the Town Board of the Town of Queensbury to
r.ondurt. a hearing on the appl .i c_ati on, not less than 14 days
nor more than 60 days from the date of receipt of said
application by the Town Board , and
WHEREAS, pursuant to said. Local Law, notice is to be given
to the applicant and owners of the property within 500 feet
of said applicant by regular mail and notice is to be
published once in a newspaper having circulation in the Town
of Queensbury not less than 7 days before the date of the
hearing,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby authorizes and schedules a public hearing on the
aforesaid application, which public hearing shall occur on
September 11 , 1989 at 7 : 30 P.M. , and
BE IT FURTHER
RESOLVED, that at said public hearing, the Town Board of the
Town of Queensbury shad hear the applicant and all other
persons wishing to be heard on the application for the-
license, and
BE IT FURTHER
i
RESOLVED, that the Town Clerk of the Town of Queensbury is
hereby authorized and directed to publish the notice of
hearing presented at this meeting in the official newspaper
for the Town of Queensbiu,-y and mail said notice by regular
mail to the owners of property within 500 feet of said
applicant.
Duly adopted this 30th day of August, 1989, by the
following vote :
Ayes : Mr. Kurosaka, Mrs . Pot.enza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent : None
DISCUSSION HELD-Location of proposed Market-Glenwood
Ave . /Quaker Road. . .proposal for one day—Town Attorney
Dusek noted that this is for a one year permit , at the
hearing parking issues can be addressed and limited to one
time then you would be covered by this . . . the address is to
be added to the notice . . . date set for Sept. 11 , 1989 for
proposed hearing, Qsby. Center. . . noted that the Town Clerk
is not in possession of the application, it was submitted to
the Supervisor, application came from the Planning Dept. ,
no application was picked up from the Town Clerk. . if we
determine that tomorrow morning that this has not been
properly filed then we will not publish this . (vote taken)
Councilman Montesi-Residents from the Ridge Road
Recreational area Park have asked that the well at Ridge
Road Park be tested. . . it was clone two years ago at a cost of
$1000. to 1200 . called the . . . . from Vermont they will
245
test again for $1430 .+- I checked with CT Male doing the
same test as two years ago they have quoted $955 . I
recommend that we authorize C .T. Male to go ahead with the
testing. Results to be back in two to three weeks .
RESOLUTION TO AUTHORIZE FIRM TO TEST WELL WATER (RIDGE ROAD
PARK)
RESOLU_TION NO. 479, 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
desirous of arranging for the test of a well facility
located at the Ridge Road Recreat.ion Park, and
WHEREAS, C .T. Male Association P.C . has presented the Town
with a letter indicating the cost of $955 .00 to from such
testing services,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby retains the services of C .T.Male Assoc . to conduct a
water test of the well at the Ridge Road Park Facility at a
cost not to exceed $955 .00 contingent and subject to it
being clarified that the laboratory that will be used by C.T.
Male is in fact a New York State Certified Laboratory and
be it further
RESOLVED, that the payment of the cost for water testing
will be from the Landfill Account, and be it further
RESOLVED, that the parameters of the testing be as set forth
in the August 30th 1989 letter of C.T. Male Associates P.C .
Duly adopted this 30th day of August, 1989, by the following
vote :
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent:None
DISCUSSION ON WEST MT. FEIS
Supervisor Borgos-The primary function of this evening is to
try to conclude perhaps at least the discussion portion of
the Final Environmental Impact Statement submitted by West
Mt . Villages . We have with its Mr . Gray the Attorney from
the Village of Corinth, I guess . I want to make sure I got
my town and villages right . I understand that Mr. Grey had
been contacted because he wrote to our office and I do not
know if you wish to speak now or you just want to by here as
an observer.
Mr. Judd Grey-I can speak now and not observe because I
have a Board meeting of my own at 7 : 00 P.M.
i
Supervisor Borgos-Then it would be most appropriate . . .
Mr. Grey--Basically I want to re-affirm that the Village of
Corinth feels a concern and is fully committed to their
letter on December 7, 1988 as part of Exhibit B of the
traffic study. I .spent some time this morning with the Town
Attorney, I have a. ropy I guess of what is going to be the
final statement, but he did not have any copy I could look
at of the rest of it . As of out- letter of concern we cannot
handle that traffic any way shape or manner. Mike knows
this, we talked about last Novembpr. We made a suggestion
on page 2 or 3 of things that should be done . There is a
large environmental impact on the Town or in the Village .
We should have some kind of assurance as some point along
246
the way that the three things set forth in our December 7th
will be part of the PUD and of the . . . Now, of course the
dates of the impart last December have long gone by and on
behalf of my Board I am perfectly willing to sit down and do
a little talking and conve -sa.tion to see if we come up with
something that is accept .ble to everybody as long as our
needs are met . That is why I am here, somebody is going to
be here at every meeting. . . L did look at pages 48 through 42
Of, I guess that is what we 'a.r. e looking at now.
Town Attorney Dusek-The Firi�,l Environmental Impact
Statement .
Mr. Grey-I would like to make a couple of comments on that,
on page 29 the last statement on 29 says traffic impacts
have not been considered to be adverse, my copy has shown
that has been scratched out`, I would like to make sure that
is , because that is not the correct picture .
Town Attorney Dusek-That was scratched out by, at the
Board' s request, I believe, At the last meet.ing. . . .
Mr. Grey-Secondly, over on pane 32 , the range of
improvements does not take into consideration our letter of
December 7th. It says Main Street/County Route 9 and
Corinth, it is Main Street and State Route 9 in Corinth and
there is no way there can be any construction on Main
Street or will it be done . We cannot handle the traffic we
have now. We have been after the ;gate Dept. of
Transportation to prat a light there for five years and Mike,
You will recall when we met at the County Planning Office
back in November the DOT engineers aesured us we would have
a light within a few weeks that has not been done. I would ,
like to urge `that the Btu<�ard some members of the Board and
Mike and Mr . . .` . come over on Friday and take a look at our
situation. Words cannot describe . . .antiquated system is we
have no place for parking we are not going to deny our small --�
business section parking and we cannot handle the traffic ,
we cannot handle what we have now. Anyway we figure this
out, you still having people coming down a two way street
across a two way bridge and if it gets to a point. where we
cannot get emergency vehicles and our Police . vehicles
through we will make it a one way street souti).. We would.
like to work with you but we are adament about we cannot
live with this as it presently sits . Thank you very much. I
will meet with Paul and Mike and Chris at any time . . .
Supervisor Borgos-The Town Attorney and then Mr. Persico
perhaps to respond to that , our concern at this stage is
determining whether this docv.ment is complete F)'r not. We
have the findings to go through and the PUD situation. You
attornies have to tell we and. the rest of the Bf)ar.d has to
agree upon what must be done at this stage, what must be
done at other stages .
Mr. Grey-I have a copy of the final yellow statement, the
last literature we r-eceived from you was the March 20th
. . . cover we have not seen this .
Supervisor Borgos-I do not think that this got distributed
very widely . That has been a concern to 0 number of Board
members . But apparently it has been legal . I do not know '--`
that, that is . . .
Mr. . Grey--We are only an interested party, but I think as a
matter of courtesy as a. municipality we haven' t received
everything we just haven ' t received this one . I cannot
comment as to what is before yo>> I can only comment on what
I picked up from Paul this morning .
Supervisor Borgos--My concern is and I will have Mr. Dusek
talk, is that is what your saying is serious enough that
this cannot move on tonight or can we indeed go through this
section and if the .Board so desires vote on it or. maybe you
could fill us in.
247
Attorney Dusek-This is what I just want to clarify with Mr.
Grey while he is here, when we had concluded our meeting
today it was my feeling that the understanding was that
basically your concern or actually the Village of Corinth
and you are expressing their concerns is really interested
in making sure that the developer follows through on the
improvements that maybe necessary in Corinth. I get the
sense that you are not so much really .attacking the FEIS or
any of the Environmental Impact Studies that have been done
but rather wanting to make sure that if the improvements are
needed in Corinth they are done .
Mr. Grey-That is true, but I have not read, page 28 through
42 this morning. I would like you to, when you talk of . . .
Councilman Monahan-Paul , I giiess I did not hear the same
thing that you did that you -,aid . . . I understood that Mr.
Grey just to say that there is no room there to make
improvements .
Mr. Grey-Ynu have not had the advantage of our letter, . . .
Supervisor Borgos--A copy was sent to all Board members;.
Mr. Grey-. . .basically it said . . . you cannot put people down
from Main Street, you have to put them down througb River
Street which' has to be expanded, there has to be at.A east
three - pieces of real property bought to do that.," sameplace
probably. ' In phase II not in phase I . In Phase, I we are
going to need traffic lights , but, their remmdation to
us last November was that we eliminate al.l parking in the
mair? business district and allow everybodyf.to come down
through there on traffic lights . So what we need is a State
Traffic light there, there is one State traffic light and we
need the other one at the intersection of Palmer, Main and
- Mechanic_ where there is also a CgrPve_nient store within the
main course and those lights have" ,to- be in phase I . But as
far as this statement is conc ie(l this impact statement is
concerned.
r
Councilman Kurosaka.-ThS_-' is providing traffic development,
patterns . . .
Mr. Grey-We are taking the worst scenario even the best. . .we
cannot accommprlatovwhat we have now.
Counci, marf Monahan-Mr. Grey, what about the Bridge .
Mr. Grey-That is owned by the Cotanty of Warren and Saratoga,
whic401''spent seven million dollars renovating it . So, even
if. '``they get through Town +.hey are still on a two lane
bridge . When they come across a two lane bridge they are
still on a two lane road. Maybe nobody will buy these
houses and there will be no traffic . I would like to sQe in
this statement a couple of changes and one .or two I pointed
out .
Supervisor Borgos-Let me ask the Clerk, do you think this is
picking up pretty much of what is being said?
Town Clerk-I hope so .
Supervisor Borgos-We hope so, we normally have microphones
hooked trp.
Mr. Gre!-That is the .two comments I made, was on page 31 and
I thirst. there should be more pug in there about what has to
be dow . .then just say Main Street, it miss leads on Main
Street, we cannot. make any improvements on Main Street .
supervisor Burgos--Is it, is it so much more that either we
can not do it tonight ox- that f-hi_s is incomplete or can we
make t reference' to that or dogs it need to be referenced
further in this da'cument?
Town "lttorney Dusek-Well , I think, here again, the issue I
248
suppose in this document is the studying aspect of it, is it
complete as far as the studying and the bring to the Board' s
attention of the environmental canCerns or namely the
traffic concerns . The issue as -to mitigation measurers
which is, as I indicated krkiat my sense is from Mr. Grey,
which is really at issue he.r , I think, that for the record
to just note thaf- Mr. Grey lie rA indicated that lie agrees with
that, that it :,s mit.ig< , . measurers and this can be
addressed by way _-) a f"ril try ctlial agreement between the
Town, Lake Luzerne aud, _the :de 'elrner . I really think as far
as sufficiency of th _s doct.s.melif- goes it is my own personal
reaction it is complete, a ' fax ss what it is intended to do .
I might also add tIIIs a,1t.rt sx- ,t-hat, it is true that
Corinth has not gotten a copy of 17 w90 as a number of
communities and othfr individuals an,1 the .reason why they
have not, it is not usi+al to disi:ribt t�; the copies until the
Board says this is i-ho documen+ . sec , re , really in a way
,.his is premature to be
COUTIcilman Kurosaka-It is not official
Town Attorney Dusek- :*'ight , handir.g +;riffs ,;;zl , once this is
co?tsiJered final these 'vi l l he distr. i t+,trd - 1 1 concerned
and they will be 'placed in the librar?.as, #s ssix; 1 , like is
normally done by the Town. Board . \t 1. h;: t P01.Nt ,there is a
time peri6; that must laps before ,4:h,, To ,n 'c a t,qke any
action on Jt , It is jl.rst for i_-,he purl✓+ir., o re piety
can be had r��) ,.this document_ by the vai j 3 int res`, -Aci and
lnvoJ.vo`i agenc1E•,:Y%
Mr. Grey- . . .and rr it is made ir, _ r tins- verio�_ ,
Town Attorney l�ugek°', ItA regulations do not l�r_ av% .s, for
a Particular way of � ing any amendment! , will say
tls It: Aot to say that is not a way
addressing these .
Mr . Grey-The problem is I am buff (f orse I have no k:
and cannot see until after P.. is �. an official hor -
anyway .
Councilman Monahan-I agree with him Mr. Gr . , tatements .
H about doing our findings Paul , can be say `°hu
mitigations measurers have to by done?
Town Attorney Dusek-As far as mitigation ,,easurt t ..h
that would show up as I said, indicated before i.{
contract but certainly when you do your findings you a--
going to be saying one of the reasons that you fe�l ,'that
there is mitigation is because the de r.
veloper has ageP !
contract and has offered to pay for these improve to a ment,; thj,i-
will be necessary. so, they all kind of wal
at that point and they can be adrlre�ssed at
guess the issue before }-1,® l
Board tonight is ,
document ss_sfficient? The o--her tss ;ps of mit.i.aat.i )n
making agreements with the develorper '
step, I guess is what I am t:ryirif t say .,
an come at a 3ecoc;Fl
Supervisor Borgos-We would Bove to , WE. would have #fir,
the correction that You Pointed out thou l; tnaka
name on Page 31 I think 9 about the -, ,-rest
you , orle was. a runty Roa attd l
yoZ
said it was really a village to;, d d.or wl,a+ { ;der? --�
f
Councilman Potenza-State
Mr. Grey-It is on
32 god. says County Route. � t is
not. a County Rcxaci it is, a ;•Mate route, l do �1:
y' $ a b"Y ia�pr.�av,�me►nt.a t knob' what
fff,f nn
main S ree if you, ftn a�
1.4�ttt+c I hv�► ta�a ��r,�1�lp� �et.th kilt, £
are• going +0 tear down a.nythiLnq, . . y(ft thaws you
Councilman l�ur+�s�akai-l d,.o FL�Lt. �
have
fdtraffic 11gl3ts. -gip any room t�or a.nythinfl but.
Supervisor Borgos.-Bow can we cl .as ge h-t t 'r phrase tit ri,ght now.. �
to make that
.2 49
Mr. Krzys-Mr . Joe Krzys , I think . . .you had some comments
about this Judd, we went bark and looked at what we did,
and the traffic studies that went through the TAC are
consistant with what lie says , it says that we need a traffic
light at that intersection, we need the other traffic light
that you mentioned in your let+,er both of which our traffic
studies says. are necessary.
Mr. Grey-I know, we are taking your figures of what we need.
Mr. Krzys-Consequently we a.r!� agreeing with what he saying
in terms of the mitigation, I do not think that there is
L— anything that our studies show that are different than what
he is saying. And then we have the TAC committee that has
been set up as a monitoring body to determine the point in
time at which any improvements have to be made. So there is
a thing in place that also says that there is going to be a
monitoring staff of traffic experts to determine when they
have to be done and as we said in the past in the findings
stage we are agreeable to pay for those kinds of
improvements that we cause . That is one thing, the other
thing is I think that in the findings stage also we are
going to negotiate what those kinds of improvements are, I
would guess that his concern, Judd' s concern is as
everybody ' s elses is , is that it is done before we get to
the next Phase where ±he problem happens, that the problem
is solved and the way those things always happen is that the
developer has to bond something up front before they can
move to their next phase and do all those kinds of things to
guarantee that the improvements will be done . So I think
that the document really addresses your concern.
Mr . Grey-We want to be on record, . . .we probably got lost in.
the shuffle .
Councilman Kurosaka-I think Joe , the problem he has not
seen the final document .
Mr. Krzys-I think it is important. . .
Mr . Grey-1 would like to raise this question too, and I
asked Paul , there is reference made to TAC, but I do not
know who it is made up of . I do not know if it is spelled
out on t.h�ere who is going to be the members of the TAC.
SuperVIsor Borgos-We have raised that question before .
Mr. Grey-1 'would certainly think that since we are getting
the biggest impact the Mayor of the Village cif Corinth
should be one member on the TAC .
Mr. Krzys-I think, the TAG is a Department of Transportation
appointed group for better or worse , but I think Paul asked
us that question today,, in +-1he document the comments and all
the different Volume V or whatever it is , comments and
hearing transcripts , they r_.ontinually refer to who was at
all these meetings . Saratoga County Planner , Saratoga
County Highway Dept . the Village of Corinth was there ,
Mr. Greg-That was back last. November.
Mr. Krzys-My understanding i!- from the previous meetings we
had that in the findings that we are going to identify who
all those parties are that we would want to see on that
committee and we really did not want it to be names we
wanted it to be positions so that it would survive any
individual . I think that again is all part of the findings .
I think w*"have.' all agreed that, that has to be part of it
who i si*on that c nmittee .
�5
Councilman Kur. osaka--We talked about it .
Mr. Krzys-I think that we are consistant with what you are
concerned with .
250 Mr. Grey-I just want to make everybody know how we feel so
nobody would forget hoia we feel .
Councilman Kurosaka-I do not think you are buying a Pig in a
Poke , because I think we will take your feelings and give
them consideration, I come from ;ai' small village myself, I
understand your problem.
Mr. Grey-We would like to have a little input from now on
if we may, either formally or informally.
Supervisor Borgos-You are welcome anytime to these meetings
and certainly may have the floor .
Councilman Ku.rosaka-An interested party you are always
welcome .
Mr. Grey-Thank you very mlich, anything else I can do for
you. . .
Supervisor Borgos-You are welcome , any other questions while
he is here before he r>>shns off to the next meeting?
Thank you, you are welcome to stay a little longer if you
wish or a whatever. OK . Now, we are back to where we
left. off, I think Friday night a week or so ago, Thursday
night. Thank you so much for coming in. I apologize again
for the fact that I do not have my books in front of me ,
there were a couple of comments that I marked in there .
Anybody remember what page we left off on?
Town Attorney Dusek-We got through the whole thing.
Councilman Potenza- . . .we finished it .
Councilman Monahan-Maybe you. found something later Steve
because you were going through that back end real fast.
Supervisor Borgos-I did complete it and there was something
that I recommended that. we omit and I feel frustrated
because on my desk yesterday and I am sure put it in the
pile and asked Suzanne to file it and hold it for me . I
just have gone through the West Mt . file in there and do not
find it. I have tried her at home and can not reach her. I
do not recall that it was anything terribly, terribly
significant. I had it all highlighted .
Councilman Monahan-Does It have to do with the sewer?
Supervisor Borgos-No . I went through every word. I do not
want to waste a lot of time here . Yes . Page 98, here we go
it is one of these technical corrections things, under
water. It. is talking aboutt the water treatment plant, this
plant has a capacity of .fifteen million gallons per day and
can be expanded beyond that level . That is not correct. It
presently operates with a capacity of five million gallons
per day . This plant may be expanded beyond that level , we
are looking at that . We do not currently have that fifteen
mpg, mgd . . .
Councilman Kurosaka-It is going to be expanded to fifteen,
won't it Steve?
Supervisor Borgos-Well , we are going to be looking at
expansions, It might be fifteen it might be twentyfive or it
might be thirty million gallons . That is all in the works
at the moment . That is wliy we are not at public hearing. . .
Councilman Kurosaka- . . .without too much modification to go
to fifteen if you want to qo to thirty you are talking
something else .
Supervisor Borgos-It seems to me that there was one other,
trying to keep everything in my mind and It is not easy, it
seems though it was about nn the same page . The same
general area. I apologize that I do not have, does any body
else pick up anything? Ok, if not, we will just consider
251 .
that I am past due on this one and catch it in the findings,
whatever it is . We did receive the changes the
modifications and the summary of the modifications 7 went
through all those , and again I had a couple of notes . Lets
start maybe by going through according to the page numbers
that are here and see if any member of the Board has a
comment or Lee if you have 'a comment for any of these
changes . We will start with page 7 of the modifications ,
that is this little hand full of papers that came out .
Called summary of modifications B on top. The words that
are underlined is the new langil.age the first thing we come
to is the statement about Luzerne Mt . Road being used for
emergency vehicle only not for delivery or construction
vehicles .
Councilman Monahan-Steve would you please say where you are ,
ok.. number 1 right.
Supervisor Borgos-Underlined, right, it would be number one
underlined.
Councilman Potenza-From what I understand anything that was
riot, was changed was underlined. So if we just follow the
pages .
Unknown-The new language is underlined the deleated language
is bracketed.
Supervisor Borgos-1 had another deal going on with another
Attorney, sorry for that .
Councilman Monahan-I just had a question and I know it is
-the old language , but under 5 when they are talking unit
density, corresponding increase in units as proposed with
the Luzerne portion of the site . Now, we got this density
thing that came in, in a seperate packet here so do we need
here to put in not to exceed the new number that we are
talking about?
Mr . Krzys-Tha.t is a good idea. Betty , We have to talk about
the density issue .
Attorney Persico-Why don' t we leave it until we get to that
final number, but mark it for change .
Supervisor Borgos-I dial notice that there is a statement in
this new set that will be slightly different from what was
discussed the last time .
Councilman Monahan-And, I do not agree with that at all .
Supervisor Borgos-I do not know how far. , I did see that .
Page 7 is acceptable then. Page 8 is revised again, where
i+: says , including fire , it should say including fire and
emergency medical services . The word medical was left out .
Otherwise, we begin to define the whole thing again. Just
an explanation of community services were talked about .
Page 10, I think that was taken care of, no it was not,
252
excuse me you are right, you want me to say it or you want
to say it .
Councilman Monahan-You say what are going to .
Supervisor Borgos-There is something that bothers me, the
language still bothers me, part of the new language, because
it says if in the future that somebody else for some strange
reason, uses up the capacity built in here in such an event
the sponsor will be allowed to build alternative waste
water system which satisfies SF.QRA regulations and review
with such systems only being designed to replace the lost
capacity. Then there is a seperate sentence and this maybe
is what bothers me . In isolated areas such as the base of
the ski area, and isolated areas in Lake Luzerne subsurface
di sposa.l will be ii.+:i I. i zed In accordance with. State and
Municipal Regulations effecting such use . That is the first
time I have seen that, I think..
UNKNOWN-It was in the bracketed, if you look up just above
where the underline material was, there is a sentence that
starts with subsurface and that has been there all along.
The intention is that there are isolated areas where it
would be very expensive to run sewer mains into that can be
safely and appropriately served with septic type systems and
that has been our intention all along. It is not a whole
sale type of thing .
Supervisor Borgos-How many are we talking about? It has
been the Board' s position that, everything was going to Glens
Falls , maybe I just missed this before . How many are we
looking at?
Mr. Krzys-Probably Steve , I do not even know if they will be
in? The whole thing is ±hat there may be places for example
where we put a single family house and we may have to run a
sewer line because the property is so big we have to run a
sewer line a long way to one house, it is that, that is the
intention of it . Where Mike has , right now at the base of
the ski area , Mike has a system that is already in place, we
do not plan to change that. . So, that is a subsurface
system.
Supervisor Borgos-Again we will have, a further shot at
defining this in several places in the findings stage and
site plan review, is that right?
Mr. Krzys-This is not a plan to slipper something through it
is just, it maybe not practical to run a sewer line.
Supervisor Borgos--Di.f f event language hit me there . .Betty?
Councilman Monahan-I just wonder. , you know, if they do not
flan on changing that one at the foot of the mountain and
yet in our sewer law there is statement that says that if
the sewer line runs by a piece of property is has to hook
on.
Supervisor Borgos-For a subdivision within a 1000 feet, I
believe .
Councilman Kurosaka-Betty, that is a State law.
Councilman Monahan-So, I mean, you know, I just want to -�
clarify that so they do not think that they might not have
to . Steve , the thing that I picked up here to build
alternative . . .to satisfy segra regulations and review, I
think it also ought to have to have satisfy any regulation
of the Town of Queensbury at that time too. Although
sometimes they are a little different and a little tougher.
Supervisor Borgos-I would think and here maybe where it
needs clarification, SEQRA T presume includes Department of
Health, includes whatever local lead agent would be
n 4s
involved, that would be us . That ' s otherwise, maybe we
should we should list Dept. of Health, and Town of
Queensbury.
Councilman Kurosaka-DOA, DEC and the Town of Queensbury.
Supervisor Borgos-Leave that up to the Attorney.
Councilman Monahan-You probably have ENCON involved, there ,
you have a whole slew of them.
Mr. Krzys-. . . that is why you have the word and review
because you have to go through the whole process .
Councilman Monahan-I do not know Paul , does that satisfy
what we need?
Supervisor , Borgos-We have a problem tonight, because we are
trying to record this, without all of the microphones, I did
not expect we had such a big group.
Town Attorney Du.sek--I think if you wanted to clarify a
little bit, just indicate that it will satisfy all State and
Local Agencies, because SEQRA does refer to a specific
environmental review it does not really talk about
individual agencies .
Mr. Krzys-So you want to put in language including State .
Supervisor Borgos-All state and local . . . .
Attorney Persico-All applicable State and Local Laws and
Regulations , including SEQRA.
Supervisor Borgos-Does everyone agree to those changes?
Councilman Kurosaka-Sure .
Supervisor Borgos-I am just trying to make it as clean as we
can at this point, realizing that the next document will
be more refined. . . . that takes care of 10 and 10 B I
apologize mine was all marked up. Anybody have any
comments about this? ok.
Councilman Monahan-I do, if these,
study of the impact of wells , if any,tmItwasrnotxthinking
that was really what we were talking about, because, if my
well was there first and you take your allowable what you
are allowed you may draw my well right down. I thought we
were trying to protect the people that were already there
and this is not really what that is saying.
Supervisor Borgos-We talked about wells .
Councilman Potenza-It says impact on wells effecting the
adjoining wells , Betty.
Councilman Manahan-Yea , but it talks about limits , if these
limits are exceeded as study of the impact of wells , their
condition is a lot of what we were talking about the other
night .
i
Supervisor Borgos-I believe the Developer told us the other
day the only wells would be ovor near the river. Is that
correct?
Unknown-yes .
Supervisor Borgos-That they would really hopefully in theory
not be impacting any resid.Pntial properties whatever. . It
would really be drawn almost from the river. It does not
say that here .
Councilman Monahan- . . . only drilled wells by the .river, I
254
like . . .after some of the +things that have hAppened in this
town .
Supervisor Borgos-Wasn' t there something, else in the
document related to the negotiations with Niagara Mohawk for
wells .
Unknown-The SEQRA document considers only wells .
Supervisor Borgos-Can we refer at this point to what ever
page that other statement might be on? . . .as I understand
it, I just do not remember what page that was on.
Councilman Montesi-It is ilst to get water to make snow.
Councilman Kurosaka- . . . . filtered, disinfected water to make
snow is ridiculous, you really do not need it do you Mike?
you do not need it disinfected and filtered and all that
stuff to make snow?
Supervisor Borgos-We will be happy to sell it however .
people can fall in clean snow .
Mr . Brandt-Use sewage effluent in some places . . .
Supervisor Borgos-I know that they, tertiary treatment was
used in some areas .
Councilman Kurosaka-You would have it made if you could
figure out some way to purify the sewer water.
Councilman Montesi-It is called oxidation isn't it .
Supervisor. Borgos-Did anyone fitid the reference?
Unknown-Yes . it is on page 53 .
Supervisor Borgos-Page 53 , legs take a quick look and see
what page 53 says .
Councilman Monahan-In the first volume?
Unknown-Yes .
Supervisor Borgos-Under which section, ground water?
Impacts of well d refer'r to volume, FE . S
Hudson Volume
rb
why l
minimal , y don't
page 53 Section L,
Councilman Monahan-C 1 )
Supervisor Borgos-C 1 ) , I was looking for there is a little
c and a big 1
Councilman Monahan-Steve , I would point out that even there
they do not say positively , tills is the only place they are
going to put wells .
Supervisor Borgos-So , lets say it here . With the limitation
that these are the wells under (1-iscussion. Yes, Sir, This
is Mr . Persico speaking .
Attorney Persico--Could we IDSI?rtt it right after the
introduction the well system, as described in Section 18 c
1 ) of this Volume , I think it would be of this Volume .
Supervisor Borgos-That is right, we are going to be in the
same one you are right .
Attorney Persico-comma .
Supervisor Borgos-Thank you . So that refers .specifically to
that one that can be the only one . Page 11 , just a little
bit. of language change here , going toward the concept of
` 'S5
density which comes
words 11p a little further in. But, the new
added wR are considering, for a bonus density, and
partially.
Councilman Monahan-Steve, Waite a minute, I want to go back,
what page is, are we going to leave this density alone for
right now and going to go back?
Supervisor Borgos-I think that is probably best because at
this point we are just going to changing words . As we go
over a little further we .
Councilman Monahan-I want to go back to that actual section
and look at it .
Supervisor Borgos-Ok. Page 14 , I do not believe that I had
a problem. We got rid of fire company and put in agency or
department having jurisdiction, that was good. 15 ,
Sheriff ' s Dept . , State Police was added . 23, I am trying to
find what was added or deleat.ed, this one did not have any.
Unknown-The bobcats in the second.
Supervisor Borgos-We took out . . .
Unknown-See the brackets .
Supervisor Borgos-There it is , we took Bobcat out,
wonderful . We have all seen bobcats up there.
Councilman Monahan-Wait a minute, then they took out the
wrong word. However there is no official report, of a
panther being observed on the property, they took out
bobcat .
Councilman Potenza-That is right, is what they wanted to
take out . ok, excuse me, 7 was looking at it backwards, I
beg your pardon, I have had a long hard day.
Supervisor Borgos-On the bottom of page 29, we have
re-emphasised what. Mr. Grey mentioned a minute ago, traffic
impacts are not considered to be adverse, that has been
deleated so, the Board is in essence saying, that traffic
impacts are adverse. Pago 41 ,
Unknown-The brackets are just above 10. Density that
paragraph on.
Supervisor Borgos-Well paying, we just took out some
language, editorial comment . Page 45,
Unknown-The third paragraph down, in the brackets on the
side .
Supervisor Borgos-Ok, I have a, the third paragraph down, it
looks like the bracket, ok, you took out that section, but
then, the next sentence starts with, we have tried to respond
to all comments, why don ' t we say the developer has triad to
because this document is going to be the Town Board' s
document .
Town Attorney Dusek-I have a sI,zgoestion on that, perhaps the
entire remainder of the paragraph could be just eliminated.
I do not. know if you have given that any thought . . . I do not
think it is necessary for anything in this document . Not
for this Board to be . . .
Councilman Monahan-It seems to me that we have talked about
that before .
Councilman Potenza-Yes , and we took, they took out what we
requested but we did not request- t_hP following.
Supervisor Borgos-Take out. the rest of that paragraph.
256 Fverything after the end of t:.hat bracket then. All the
editorial comment .
Councilman Monahan-The neighbors are going to be the last
thing that is in, right?
Supervisor Borgos-The last thing , the word project,
neighbors you are right Betty . Neighbor is the last thing .
Councilman Monahan-I have a. little problem with the page
before , . . .the third paragraph from the top, excuse me the
second paragraph, it says , particularly in West Glens Falls ,
which has had little development other than residential
housing , this project will provide new access to prosperity
and opportunity, I think will should become a may .
S"Per-visor PoT:gos-- May , good point . Everybody could live
with that change? Good point, we got some more editorial
stuff there now that you called it to our attention.
Unknown-Where is that?
Supervisor Borgos- 41 , paragraph 2 .
Councilman Monahan-41 the second paragraph from the top.
Attorney Persico-Page 41 .
Councilman Monahan-We are looking at the correction page .
Supervisor Borgos-I would proposed that in that paragraph
that last sentence come out .
Councilman Monahan-Our project will change that?
Supervisor Borgos-Yes . That is an editorial statement it is
not the Town Board project . When you get into these
things and you get . . .
Councilman Monahan- . . . Steve , I think we have a little
problem with that whole thing on 41 , look at that first
thing, first part of the paragraph up there. The project _1
will create substantial numbers of jobs and millions of
dollars in taxes , it may . We do not know that for a
positive fact .
Mr. Krzys-I think this thing does not get built without
creating it .
Attorney Persico-I think the word is should, it is better
than may .
Councilman Monahan-All right , I would go along with that.
Supervisor Borgos-Ok, .lets get rid of will and put in
should.
Councilman Kurosaka-We are getting into semantics now.
I did not see anything wrong with the original statement
myself .
Councilman Monahan-There are so many things that have
happened in this town that have not proven out .
Supervisor Borgos-Ok, 41 , is everybody happy with 41 now?
45 , 48 I noticed that you did correct the numbers I
appreciate that . 49 , There is no sense in retyping it but
technically the word fire fighters is two words . Fire
fighters just so in conformity with international
convention. Everyone makes a mistake . . . . I have some more
language change in that same sentence that ' s forth paragraph
down dealing with the fire fighting section. You said until
such time as adequate momt,prs adequate numbers of fire
fighters are available to staff the fire station from
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do so is like comparing apples and oranges . I did not know
if you wanted to make that statement or not .
Councilman Kurosaka-No two ski resorts are ever a like
anyway .
Supervisor Borgos-Probably best to strike the whole sentence
what do you think?
Councilman Monahan-I agree with you Steve .
Supervisor Porgos-Does everyone agree? 'Thanks for pointing
that out Paul . That is an editorial again, I can understand
the developers belief in their project .
Town Attorney Dusek-Th+-n on page 46, right at the bottom of —'
the page leading into that it says we found that every
resort, I think really what was meant to be said there is
that the developers have reported that every resort . Sense
it is the Town Board speaking in the document.
Councilman Monahan-If the Town Board, if this is the Town
Board' s document, well then later up on page 46 is says we
will offer an extensive program of employee training.
Mr . Krzys-I think we probably just when we give you a new
d.ocumeni just take all the we ' s out and put in the
developers .
Unknown-Either that or have a blanket statement that says ,
Councilman Potenza-In the beginning to clarify.
Supervisor Borgos-Wouldn' t it be better to go through and
clean it up? Rather tha. a a blanket statement .
What is our legal .
Town Attorney Dusek-I think in many instances it is clear in
the document that there are obviously, West Mt. had produced I
it , we have caught life the major instances where there has
been major editorials . I am not overly concerned from a
legal standpoint that is in there , I think that .
Attorney Persico-Couldn' t we , assuming that you act on this
tonight, you would give direction probably to Paul , to
finalize the document., subject to certain direction from the
Board one of which would simply be to make those kinds of
conforming changes throughout . To make it perfectly clear
that the document is that of the Board and not the
developer. From a legal point of view that would suffice I
would think.
Town Attorney Dusek-That is a way of handling it, that is
acceptable to the Board .
Supervisor Borgos-That would seem like an expedient way to
do it, so we do not all have to gather around the changes of
we ' s .
Attorney Persico-You are going to have a final editorilized
version of it . . .
Councilman Monahan-It is a riot , if you look at that as our
report we talk about who
is going to do the mitigation from
traffic , if we as the Town. Board its the Town Berard that is
going to do the mitigation measures .
Supervisor Borgos-No .
Councilman Monahan-That is what it says .
Supervisor Borgos-The developer says that is fine .
Town Attorney Dusek-T only have two other areas of concern,
259
Page 9 under mitigation measures it indicates that the
conclusion of this document is that all impacts can be
adequately mitigated and that the proposed action will have
no significant adverse environmental impact .
Supervisor Borgos-How did we miss that one?
Attorney Persico-You do not need that in there .
Town Attorney Dusek-That was what I was going.
Councilman Monahan-Where are you Paul ?
Town Attorney Dusek-This is page 9 under paragraph 3 at the
very end of that statement, it says the ' conclusion is . . . .the
last one is , on page 6, at the first, the second. paragraph I
guess if you will , where it starts additionally, at the very
end of that paragraph it says , it is note worthy that the
clear majority of speakers at these hearings were
supportive of the project because of economic benefits ,
sound planning and other positive impacts . The only
question in my mind is , here again I do not want to make a
judgement call , I Just wan-1: to make sure you agree with that
statement.
Councilman Monahan-No, I think it ought to be struck out. I
had a question mark on that too ,
Supervisor Borgos-There were some days when 90% were in
favor and some 90% were opposed . It depends on where we
were, 50/501s . Everybody agree to delete that? It is not
necessary. Do you want to argue for it?
Attorney Persico-Just for clarification, we were being
specific as to the last two hearings by each town that
pertained to the PUD, if you recall in the Town of
Queensbury, that was the last hearing on the PUD and the
second supplement . We thought it was a fair characterization,
of. . .
Supervisor Borgos-Except in fairness, we said I personally
said, it would be in the minutes, at each of the meetings
that it would be unnecessary for the public to come back to
all of the meetings because their comments were made part
of the record it was a cummulative kind of thing.
Attorney Per. si.co-I dust wanted to clarify why we . . .
Supervisor Borgos-I was just trying to keep the future
meetings short by not having to re-hear all the . . .
Attorney Persico-We appreciate you doing that .
Town Attorney Dusek-That is the only comments I have .
Supervisor Borgos-Now, the next part of the document. The
next information that came in regarding density and Mrs .
Monahan. . .
Councilman Monahan-I did not agree with the document at all
frankly.
Supervisor Borgos-You want to start out . I do not have my
copy in front of me where I had all the comments and I have
to defer to you at this point .
Councilman Monahan-Ron, I think you and I were working on
this very hard that night a+- the meeting . They now want to
go back to the 278 buildings that you see on page 2 of what
came to us a few days ago- and go back up to 278 buildings
and saying that they can have 46 additional buildings in the
commercial type of thing riot in the single residential .
There is no way as far as I am concerned, that, that is what
we agreed to that night .
c !.:nr_�nc1. marl Ku.rosa _a-Wl�a.t. rl.oes the minutes say:
26 0 Councilman Monahan-Well , here i.s the minutes here .
Councilman Kurosaka-Find. nut what the minutes said, what
does the minutes say .
Councilman Monahan-Well , you are going to have to read about
14 pages .
Supervisor Borgos-Essentially I believe it was agreed, 240,
232 residential and then originally it ^aid 8 other.-
commerical things , then we agreed on an eighty thousand
square foot lImi.tation which could perhaps be in 8 buildings
or 10 buildings or whatever. it is the whatever is what is
q
Mr . Krzys-I think if you go back and look at the minutes .
Supervisor Borgos-Do you have it in one concise spot there?
Mr. Krzys-There are 4 different places where we say that we
are going up to the limit for non residential buildings .
Councilman Monahan-We said we were not going to give them to
you.
Supervisor Borgos-You are talking about the very last
meeting or the meeting before that?
Mr . Krzys-There was some question of what we agreed to in
the minutes . What we agreed to in the minutes and I think I
have the section in here where Betty asked the question, I
have it marked.
councilman Monahan-Excuse me, before we get to that, what
part of this Volume I was that density in . . .
Councilman Potenza-Page 43
Town Attorney Dusek-There is also a comment on page 11 on it ?
too .
Mr . Krzys-That is why we pl.tt this , we put a section that
preceeds our conversation about the density here and it said
any place where you refer to 2 , 785 or whatever, that
whatever the existing density is In the Town. So we agreed
to do that, but I think . . .
Councilman Potenza- . . . they are allowed 278- units there was
some discussion of having 204 . . .
Councilman Montesi-Because they put it down.
Councilman Potenza-The discussion is if they have , if they
have one unit and it hold. 250 hotel rooms or do they have
two options of maybe making 8 bed and breakfasts and having
more than one building but. the :same capacity.
Councilman Monahan-What they are saying Ron, is , we agreed
on 240, remember we broke that. table all apart if you got
your book with you. Now, on this same they sent us today
they say 270 they want to go back up to 278 .
Mr . Krzys-We never agreed to Uxat. Betty, in the minutes it
will validate that. . yni.2r quAsti.on was , and I am going to
ask the question when you were talking about that, then you
were raising . . .
Councilman Monahan-What page are. you on?
Mr. Krzys-The 8th page in and it is on the back side .
Councilman Monahan-That would be 16 as far as I am
concerned.
Mr. Krzys-I think what we ended up agreeing to and I got
about seven places in here where. 'we talk about getting up to
278 and not backing down from that relative to
non-residential buildings . But the question that Betty kept
asking and trying to tie us down to is that when you were
talking about raising that density by raising your
residential units . I would like a committment on how many
actual residential units there were going to be and then
later on in the back we committed to 232 residential units .
That is the only thing thaF w- fixed , I got stared in here
about 5 or 6 different planes Urhf-re everytime it came ul), we
were backing down in the density T said no we weren 't, that
we may need up to 278 units for non residential buildings
and they never got off of it.
Councilman Monahan-Yes , but Ron, went right down through a
list with you.
Mr. . Krzys-Then we talked about different ways, Ron said,
well , if you may need more, why don ' t YOU say two buildings
or something like that, and I said because of the, until you
get the site specific design we do not know whether there
is going to be two commercial buildings Or six commercial
buildings because of the wa_y t.h.e terrain lays there .
Councilman Montesi-That is pretty much, there was a point
there when I asked yol:l how many hotels and you said well I
could have one hotel with 250 Or a could have a hotel with
?50, or 1.50 and. 8 bed and breakfasts with 20 in it and that
would necessitate having 9 buildings instead of one . But in
i
no case would the exceed 278 .
i
Mr. Krzys-That is right. As a matter of fact in one place I
said, we start to have a problem because we are planning to
Put some hotel rooms above the retail and what kind of
building is that, is that one building or two different
buildings and your suggestion was to, take the best use of
the building if it is commercial that is the primary
building all that is in the minutes also .
Councilman Moritesi.-I gi_tess I said a hotel always has a
retail on the first floor and. . .
Councilman Potenza-It was agreed to Joe, that we dial change
some of them, the retail and commercial was 80, 000 square
feet, and we moved it from three down to two .
Councilman Monahan-That is right .
Councilman Potenza.-Two units . Then we moved the other two
but we included more bed and breakfasts . We did not change
the numbers , I mean, we switched numbers but we did not
change the numbers .
Councilman Monahan-We stayed at 240, I got a note there that
says , that some of the units of the bed and breakfasts units
maybe above the retail store . We said 80, 000 .retail
-- commercial square feet but we never_ changed that 240 back up
to 278 .
Mr . Krzys-I think if you read the minutes it does not say
that . The minutes , we never agreed to that .
Councilman Potenza-They ara proposing 240 units but they are
not going to say that vron ' t have the flexability of
additional units .
Councilman Monahan-My point of this is , they brought in with
this, they want so many units , moms for a hotel , fine I do
262
not care if they put them in sixteen buildings if they want
to , 10 rooms to a building . My concern is though when I go
through this health lth facility they got one, golf club
house, one, amphitheater, one, retail commercial, three that
we suggested that they reduce to two ,.. new ski area above
base lodge Is counted as one . Ok, by going to 278 they have
the right to now and go in there and change any one of these
figures that they want . They can put retail commercial they
club
can have anything they want, they can have as many golf
houses or any kind of auxiliary facilities theycto go, the
many health facilities as they want,
they g ot
only difference that they are allowed to pick up that extra -
is in commercial and I can see a lot of commercial going on
up there that we did not plan on.
what w..,
Mr_ . Krzys-But. said in this document , I think that
P
there is a couple of things , first of all we went before the
Planning Board and we Indicated in the Planning uBoard a
whole series of uses . We. Identified those and I p
in the document I gave to you so you could see what went
through the Planning Board as far as PUD application as
was
as supplement to the PUD application. +oo,th up there .
no question about want we were planning
We talked about some . . .we talked about a lot of things .
Second of all this is our document we wrote it we said we
made a mistake when we did that and I think � minutes es
vari£y the fact, what we were trying thedoldgordinance with
was to compare what happened
the new ordinance and we. were trying t.o present the reason
why there was a change and why we got to 240 . WPYb backed
down from the 530 units or.° 595 units to the g
density, which we agreed with . We said that was the
intrepretation of the PUD that we were allowed the density that we tthat exists with the underlying zoning
278 units, we never said we want less than 278 . We already
backed down from 595 to 278 because of the intrepretation.
Now, we got pinned down to saying well how many residential
units are you going to do and we said we will do less , we
will do 232 based on the way the old ordinance was written
and trying to compromise and satisfy the Board and the
pi.ibl. ics intrepretation of what the PUD is . We said we would
do 232 residential units and the rest of it 278 is what we
are allowed. So, when we tried to make a comparison between
the old and the new. Now, it seem like we want to get
penalized again to bring it down to 240 we were just trying
to show a comparison. I think what the minutes show is that
we were explaining It that way .
Councilman Monahan- . . .but. what I saw on this sheet right
here that they handed. its therA was some new information in
here that as far as I know was not in the origina-1 document
here and that is other uses they intended to do up there . I
just wonder then, does this now, change this document
because these uses were not specified when it went to public
hearing.
Supervisor Borgos-Which ones were those, remind me Betty .
Unknown-The PUD submission are contained in the Volume IV
they are made a part of the DEIS .
Councilman Monahan-Maybe, I missed something through all
these volumes , I don' t know.
Mr. . Krzys-These are all part of the public process, these —"
are public hearing where these documents are shown, this is
a supplement to the PUD process , we had a public hearing for
that. When we went back to look at the original application
all this stuff, recreation, cultural things are all in the
original application. Nothing is changed. When we went
before the Planning Board +._11ey wanted us , we wanted to be
specific about want we talked about and not just say
recreation. So, we listed. H)p kinds of things are that we
are talking about .
Councilman Monahan-But , I am Just wondering, when we had the
�s
public hearing that, that i.r)f.or_mat i on was in there at the
time of the documents we had for the public hearing.
Unknown-The Planning Board had them at the public hearings .
Councilman Monahan-No, I am talking about, the public
bearings we did on the environmental impact statement .
Supervisor Borgos-Lets ask our Attorney. Mrs . Monahan is
raising the issue about i.+..erns that may now be in the
I documents that were not in the documents when we had . . .
I
Co�i_ncilman Monahan-I do not know whether or not they were .
Supervisor Borgos-that may nn± have been in the documents
when we went to public hearing.
Councilman Manahan-These are the ones that you sent over to
our house .
Mr. Krzys-That is the last page there, part of the PUD
supplement .
Town Attorney Dusek-This here?
Mr. Krzys-Yes, that stuff there .
Councilman Monahan-Was it in the document we had for the
public hearing that is what I am wondering? Because I do
not know what these have changed.
Mr. Krzys--If you look at the document we talk specifically
consistant about recreational uses , and we list 5, 6 7 things
uses in this PUD.
Supervisor Borgos-Lets see if they were in then we probably
are all right, if they weren' t in .
Councilman Monahan-Well , Paul , looking at the new ones that
we got and I am jest wondering what the documents we had at
the time of the public hearing?
Supervisor Borgos-We may either have to delete some
references now that were not there before or do whatever our
Attorney tells us to do .
Councilman Monahan-Was that in the original one that we had?
Town Attorney Dusek---The problem I have is that , I do not
know, this specific document I do not think was , . . .
Mr. Krzys-. . .this was a supplement to the PUD application.
Town Attorney Dusek-I know that the, a lot of the items were
referred to . . .
Mr . Krzys-Those were all referred to in the original.
app 1. 1ca.tIon, Pa!l.l . All we d,11 cJa.s take out the if ynu look
here it just says that the original application vs the
cixrrent proposals the April 87 submission. We l i Gted all
those things in that submission that we are going to do .
Attorney Persico_-Thf s is not-hi ng new.
Town Attorney Dusek-This was I think now, and I would have
to go back and dot.tble check bu-t if you recall when the
meeting first got started I went through a lot of these
v(i)Iumes a.nd had made comments that somethings werA missing
in these volumes , because what I did, I went through my
original paper. wort: before T started. working on these
volumes and compared my ori.gi.nal of what was in these,
volumes, so that T could then work in the voll.imes . My
recollection is , is that this was the same thing as in the
PUD application that T had seperately but unless T go bark
and double check it I cannot say right now far sure , you
1'nnw.
264
Unknown-Dennis was involved in that , he remembers .
Councilman Monahan-Was it in trip original?
Dennis McElroy-Yes , that ' s the supplement . . .
Town Attorney Dusek-See, what I did is I took this document
and just went through and compared Betty, with the
individual document and my recollection was that this , I do —i
not specifically remember, now, seeing that, but, I got rid
of my other document., so I asslimc that this must have been
complete .
Councilman Monahan-Dennis thinks that it is in the original ,
I just wanted t-o make sure we weren' t putting something in
that was not there in the original public hearing and it did
not ring a bell .
Supervisor Bongos-I think for everyones benefit we just want
to make it clear that what we are trying to do is follow the
right procedure so we are never attacked on procedure . You
are not attacked we are not attacked whatever the decision
is we do not have procedural concern.
Councilman Montesi-Joe, I am aware of the fact that we
allowed 278 , I am aware of the fact you made a committment
to 232 residential whatever that breakdown is and that is
something you have to live, with . I guess maybe, and I maybe
if I am saying this I feel that. I might be comfortable in
saying ok, out of what is left. between 232 and 278 is 46
units, I need to know, not I guess I am not going to nail
you right to the wall , what. I need to know is that going to
be 3 hotels, is that going to be l0 bed and breakfasts is it
going to be , I know that you. are limited to 80, 000 sq. ft .
of retail space . . . and 250 hotel rooms and within the frame
work of that I mean if all it is going to take to resolve
this issue of density tonight Is a little clearer picture of
what that is going to be , gee we ought to do it . Now, I am
not saying in the health facility how many square feet are
you going to do, you going to give me a regional hospital up
there or is it going to be a nursing home, and how big a
nursing home?
Mr . Krzys-I think maybe what. we can do is pass out this,
because the fact is that we are going to ask for less units
anyway, because there .
Supervisor Borgos-Lets save everybody' s time and do it .
Mr . Krzys-The thing is , We have a. choise between the old
ordinance and the new ordinance and when we started
discussion and we started t.-I.11li.ng to Paul about old
ordinance and intrepretation of things like that in the last
week or so because we were not. sure . Something we
overlooked and that we found that if we accept the new
ordinance that the , there has been a change in the density
by, between the old ordinance and the new ordinance . We
were SR-30 before in the old. ordinance we became SR-1 in the
new ordinance . If we want to take the new ordinance as the
ordinance under which we will be governed then we would
lose units . The new ordinance is, much more clear and I
think would be less r.orrrplicatpd if there are any problems in
the future in terms of what the definition of a principal
bui ld.i.ng is for example and R-11 that . I think are position
is that we are going to take the new ordinance and we lose
21 buildings anyway. I tlii.nl• it is a. way to clarify things
so there is no confusion in the fu ure . So , I got another
document now, that the new document for the density where we.
calculate how many units we earn under the new density or
under the new ordi r?anrA alld 1-, 21 units less than the 278 .
It is what it is . So . . .
2. 5
new ordinance we end up with 240 .
Mr. Krzys-The problem, Betty, is that when we calculated
that we just assumed that the existing. . .
Coi.i_ncilman Monahan-No, I am saying, this time I was thinking
back to the point where you were giving up the thought of
278 in here because you say specifically you would come in
under the 278 . All I know. . .
Councilman Montesi-That did not realize that they had to
change the density. . .
Mr. Krzys-We did not not we had to change the density.
Councilman Montesi-It was an SR-30 not an SR-1. now.
Mr. . Krzys-So, anyway , here is another document that talks
about . . .
Supervisor Borgos-Thank you., I will read it right now, may
we have a moment to read. . .
Mr. Krzys-Yes . It is the back end of the other document . . .a
recalculation.
Cnuncilman Kurosaka-You are talking about 258 buildings,
right?
Supervisor Borgos-You gave yourself the bonus , are they
automatically entitled to the bonus? . . .
Town Attorney Dusek-For a point of legal clarification I
guess the statute the ordinance actually uses language in it
that would indicate that there is discression in whether the
j Town Board grants that bonus . The way it is set up it would
be safe to assume there is discression as well . The only
'- thing from a legal approach it would be my opinion that the
discression is not t.0tally unfeathered . You cannot be
arbutary you would have to have reasons why you would not
want to give that bonus .
Supervisor Borgos-criteria, so much open space?
Town Attorney Dusek-Right .
Councilman Kurosaka-The only difference you got now is 18
units instead of 38 .
Supervisor Borgos-Mr. Kurosaka is commenting I think between
the 240 number and the 257. 98 that is my guess .
Councilman Kurosaka-258
Supervisor Borgos-Yo11 like to round them off, George?
Councilman Kurosaka-I do not lke . . . how do you build 29th
Part of a building?
Supervisor Borgos-The average family has 2 1!2 people in it .
Councilman Furosaka-I think it sounds like a nice
compromise .
Supervisor Borgos-Are you proposing Mr. Krzys that the
number we settle on is 257 . 98 ,
Mr. Krzys-258
Supervisor Borgos-258 rather than 278 , which could have been
rounded out to 279? Which i.s 20 units lower than what yni.l
walked in with .
Councilman Mnnaha.n-We a.r-? lookinq at a Yi.r..ker on + lie second
266 page though, Steve .
Supervisor Borgos-I slid noi: get to the second page
yet., . . . serond page, with the doci_iment that you submitted to
US the other day were some architect renderings , have those
been made public at any point?
Unknown-It was the other part of the supplement.
Supervisor Borgos-Ok.
Mr. Krzys-I think if you look at those Steve, . . .
Supervisor Borgos-That made some difference in my thinking
about some of this , positive to your point of view.
Cnunci. iman Monalian--I would 1 i1-e to have the second page �3
explained .
Mr. Krzys-Because, of, if you look at the renderings that we
passed out there, that we passed out on the density that
what we are trying to do is something that is indigenous to
the Adirond.a.cks up there throucth the purpose of retail and
just the whole theme . We want people to have in that
Village the Adirondack experience . I think that in order to
build that I cannot tell you for example for 80, 000 sq. ft.
of retail , I cannot t_?1` l ynii whether that will And 1.1_p in 8
buildings or 6 buildings or 4 buildings because it Is going
to go with the terrain. Tf it gets long on one side and we
want to break it in, so there are gaps with trees inbetween
it, we just do riot wa.nt to leave two sets of hili ld.ings on
either side of a street that lust run on, basically it would
destroy what we are tryi.rag to do up there . What we are
saying in here is until we get to the sight specific the
determination of the buildings anal how they lay on the land
and how we break them up to keep the rustic environment up
there, we really do not. know how many buildings we. need for
80, 000 sq. ft . of retail . 80, 000 sq. ft. of retail is
80, 000 sq. ft . of retail , it is the same floor space whether
it is in ten buildings or °whether it is in one building like
a. mall . What we said , right from the beginning is that we
are going to limit our selves the original 80, 000 sq. ft . we �
asked for we have never changed it we always wanted just
that amount and it makes our project work. As a matter of
fact that is the minimum nutilher tell us , make our project
work for retail , is 80, 000 sq . ft . We are not going above
that . . . so what I am saying is rather than be pinned. down and
saying that you want to pin us down to 15 non residential
buildings I want to say I am end. up with 15 non residential
buildings that have 80 , 000 sq . ft . of retail in it and it is
going to look great In the environment as` opposed to one
great big long building that in all honesty is going to look
terrible . SO , I jii-;t dirl not want .is to get tied down to
the number of non residential buildings . I would .rather be
tied down to square footage , 250 hotel rooms and to limit
some things as opposed to get limited on the number of
buildings . Because what you really are doing is saying to
us then, go and do something that may not be environmentally
as well done . I am saying no, we do not want to do
anything that is not sensitive to the environment I would
rather do something that is more sensitive to the
environment. We will stay within the existing density, that
is all . We are not asking for anything more than we deserve
under all the regulations and intrepretations . So, I am
saying why penalize us for tying to do something right .
Councilman Kurosaka-You will have site plan review anyway.
Mr. Kr_ zys-We have to go to s to plan review and we are not
going to end up building a hundred buildings non residential
buildings Grp there . rlobod.y is going to use all that . . . I do
not know how we would ever saFisfy all that .
Councilman Ku.rosaka-You wi_ 11 stick to the 26 principal
building and non. . .
267
Councilman Monahan-They are not restricting themselves
. . .there is a sentence in there now that says that they will
do away with some of the residential if necessary in order
to get the amount Of commercial space that they want.
Mr. Krzys-If you are worried, Betty, that we are going to go
uP there and all of a sudd.An say look we are going to
build 15 health spas we are not.
limit ourselves on things like that, we areonotagoingmtongo
crazy. . . that is not t.hP intent Of what we are talking about .
I am worried about putting buildings in there .
Councilman Kurosaka-. . . you would go broke anyway.
Mr. Krzys-Si_cre , I mean
Councilman Monahan-I guess what I am really concerned about
is and I am seeing it happen, wp approve something that is a
mixture of residential and commercial and recreational .
Then we look around and all phases are not being built just
some phases are being built and I want to make sure all this
town a.11 of a sudden we wi11 1,?ve commercial pop up and we
are not having the residential to go with it . Are we going
to have jelly mills . . .
Councilman Potenza-In all honesty Betty, . .
Councilman Monahan-I know what you are going to say for tax
revenue and stuff, but
Councilman Potenza-But that Is not what we are seeing in
this community, what we are seeing in this community is an
outgrowth of residential properties and what we have been
screeming all along is to get commerical business or a. light
industry or some forms of business into the Town so I think
you can' t
Councilman Monahan-But I do not want to :see it come into the
Town through the back door. Through a PUD that has been
approved for mixed uses and then only one use is being, the
one that is being done . If we are going to have commercial
uses in this town and quasi rezoned parts of the Town for
rommercia.l 1!ses by permi.tti.ng pyTD' s to do this that I would
rather be very above board about it and rezone it for
commerical uses in the first place.— That is my whole point.
Councilman Potenza--I think one of the, I am in strong favor
Of PUP' s I think it is the way of growth and that is what we
are looking for we can't , government can just do so mach, we
can approve a- plan a Planned. Unit Development we can't go in
there and say you have to build x amount of retail space to
meet x amount of residential property. You have to be a
little realistic . I think that we have put numbers
Councilman Monahan-I am, but-. when I see PUD' s go up, when
they are going in certain phases . . .
Co,incil.man Potenza-big brother cannot do everyt.hing. . . .
Councilman Mont.esi-Haven 't you agreed to some phasing that
may not be economic
ally urhat a developer wants but it
certainly what the town. . .we said we need that boulevard iip
there initially, yo>> want to rut a funicular in that is fine
but need the wate.r and cevier line up there, we need some
infrastructure in. I envision as T look at your phasing no
question the way you are going to turn your dollars quicker
is to develop Your commercial aspects initially around a
golf course around a ski lc;dae , but basically the way I read
it your commer. r.ial. phases seem to be first, hpr.a„se you
infrastructure is heavy yollr .road is heavy residential is
going to be part of it , it is certainly not the initial. part
Of it . Maybe if I am wrong tell me .
Councilman Kur.osaka.-it is a 1nnrT term thing anyway .
Colincilman Montesi-But we forced you to do somethings that
268
we think are in a better interest of the town.
Mr. . Krzys-That zone up there .recreational commercial we
could have left it that way and. not even had this
conversation, and built 259 recreational commercial
buildings up there by this thing. Instead we decided to
come under the PUD agreement because we wanted to involved
we have a bigger piece of property up there we wanted to be
seen as being good planners and that we considered
everything and we want -t:o get rid of some residential up
there . So, we deciders to go the PUD route, we would have
been better off if, ba�;ed on this conversation to just say
to hell with it . We just stay with the recreational
commercial and we will. build. 259 recreational buildings
which we are allowed to iinde.r the. density or 184 .
Supervisor Ttorgos—I woia t.ii tl� ir�1�. t_li r. e would have been some
other restrictions from the Planning Board .
Mr . Krzys-I am just aayinq that if we took what we were
zoned for that is what we were zoned for. Instead what we
have done we have sairl lets take a step backwards and we
will put residential up there because that is what makes our
development work.. We want the residential there , if you
look the places where you can ski out of your house and
right down the hill it Is r_-igh-. in Queensbury. Why would we
want to build commercial units there when we have our best
residential units are going to be there, they have the
highest value to us . We want a residential community there
so, we are not trying , Betty , +_o say we want to snooker
everybody again by trying to sneer something in. '° I think we
have been pretty open a,hout stuff , and we went back in the
PUD when people said what are yol_i. really going to build and
be specific , we were very specific , we told them what we
wanted to do we did not try to hide anything. The reason
why this has A.aken so long is that I think we tried to
satisfy everybody and all t},eir comments .
Supervisor Borgos-I appreciate that , the law requires some
but you have gone maybe a little bit beyond that . It was
appreciated. Anyone else 1,-3ve a further comment about the
F.E. I . S . ? Any phase of it . We are getting close to that
time .
Councilman Montesi-This beconies part of the record, 257 ,
Councilman Ku.rosaka-258
Councilman Montesi-258 yes .
Supervisor Borgos-258 is the m,-gic number with 232 being the
number on the residential unit .
Councilman Monahan-Steve , I think they also skipped some in
the other section on page 7 . . .
Unknown-I think what we would do is take this and
incorporate it into the density discussion a.nd. . .
Councilman Potenza-Put that in page 43?
Unknown-page 43
26
Supervisor Borgos-Betty, do you want to make reference to
that, I do not have it in front of me at the moment .
Councilman Monahan-It was on page 7 when we started to go
through it in the summary modifications, in 5 we just said
unit density in the Queensbury portion cif the site has been
reduced, has been reduced from 593 principal buildings to
240 to conform with the existing density permitted. Now,
that is not the number we are talking about now, a
corresponding increase in units is proposed within the
Dtzerne portion of the site and I think after that it needs
to have a section not to exceed the allowable units .
Councilman Kurosaka-Anybody recomputing they are giving up
20 units .
Councilman Montesi-Steve , I was just having a quick
discussion with our Attorney and I if we are going to accept
-this memo rounded to 258 we also everybody in this room on
the Board should understand that, that includes the fact
that we are hereby agreeing to the bonus . I do not have a
problem with that does everybody know what the bonus is for?
Councilman Kurosaka-I do not have a problem with this I
think that they deserve it .
Supervisor Borgos-Maybe somebody should explain it more
fully, I know it is related to preservation to open space
and if they hit certain thresholds they get . . .
Councilman Montesi-It is clear to everybody that we . . .
Councilman Kurosaka-It has to do with clustering.
Supervisor Borgos-Maybe our Attorney could just briefly. . .
Town Attorney Dusek-It is in the ordinance it provides that,
it says where open space area. in a PUD exceeds 25% of the
gross area of the PUD the Town Board may approve a 1%
residential Itse density increase for each 1% of open space .
And then there are certain open spaces not to be included in
-that calculation. 1% in excess �of that 25% minimum required
by a certain section of the article . There is a formula
that has to be calculated to deter-mine what exactly they are
entitled to as a result Of the open spare .
Supervisor Borgos-So they are saying that they have 40%?
Town Attorney Dusek-They are saying that they have . ..
Supervisor Borgos-We are giving a 15% bonus which would
imply that there are 40% open space .
Town Attorney Dusek-Right.
Councilman Montesi-We are assuming just so everybody
understands .
Town Attorney Dusek-I have riot recalculated their figures .
Councilman Monahan-Until we accept these figures somebody,
�! between Paul and Lee ' s office both have got to recalculate
�- and. make sure things are riot tieing included in that, that
are not allowed to be included in it .
Town Attorney Dusek-Did you. recalrulatL- this?
Mr . Dennis McElroy- . . .
Supervisor Borgos-Dennis ilr.Elroy for the record.
Mr . McElroy-this talks about golf courses, because it has in
the past that open space includes golf course space, as it
has previously . .
270
Senior Planner-Lee York-1 believe it does
Coi_incilman Montesi-and ski slopes or just golf courses?
Town Attorney Dusek-Lets FPe .
Supervisor Borgos-You confirmed the 40% number there?
Councilman Kurosaka- . . . if you are going to consider golf
c,.ot.ir_ sps open space , y011 better go ski slopes or you are
going to fight me blAddy .
Councilman Montesi-No, tha': is what I am asking I , t.rying to
get +_h.a.t definition so :hat again so it is clear to
everybody that we are p:r-esuming that golf coi.irses and --r
Y P(-reat.iona.l 13.Y.,P:1)s and rTVI �l apes are the open spaces .
4
Councilman Kurosaka-I am a skier' I am not. a golfer . . . people
play golf and there are sk i.e:.rs 1-100 .
Councilman Monahan-With the pressure of the time constraints
of this meeting I wol.il.d 'Like to say we are not right now
agreeing with their numbers and let Lee and Paul have a
clia_rice to calculate this so they can sit down and really do
it ,
Unknown--I think that has all been varified, Mr . McElroy. .
councilman Ku.rosaka-Dennls , Jas already verified this
figure .
Councilman Monahan-We have ha3 some changes tonight. .
Mr, . Krzys-7f anything we have changed it down by 20 units ,
or 20 buildings .
Councilman Montesi-What should it not include?
Town Attorney Du -Roadways , drai.r�age areas , residential °or
developed areas .
Councilman Montesi-So everythifcq else . . .
Councilman Monahan-Would you call a golf course a developed
area?
Town Attorney-Then in the next sentence i-t says .recreation
land other than that reserved pursuant to the Queensbury
Local Law. Which is the Local law Land in Lieu of Fees . So
recreation land other H,)a.n, that type of land. . shall be
included in open space .
Councilman Kurosaka-Tennis c,o,ir. ts are all part of open araea..
Coul.rci. l.man tionahan--No+ tennis when they are asphalt,
maybe grass but not when they are asphalt one .
Supervisor Borgos-Because yol.a phrased it the way yoit did i.t.
is important for us perhaps now to know if the developer
plans to propose a gift or whatPver of the recreation land
that would have to came out. of the calculation or if the
developer without question is going to pay the recreation
fee . That was going to be put off for another day but . . .
Mr. . Mike Brandt-That is really in the findings and I do not
think it is our intention to doed you land. . .
Supervisor Borgos-The only l: eason I just said. It now Is
because it came up as part of the calculation.
Unknown-I think we should see whether we are close enough so
that , that makes a di.fferencce or not . I think Dennis has
1
271
looked at this .
Mr. McElroy-As far as open space if
YOU
course, which is my understanding had been othedincludedoin
the open space calculations according to Article 15 in the
past we gat 425 total acres of open space, ski trails and
golf course of the 595 ages within the Town of Queensbury
so you see that is a greater percentage . . .
Supervisor Borgos-Technical )
Personally agree Y• I think, as much as I don 't
Y c with the way it is stated in the law I
)link technically the Planning Board and or the Town Board
determines whether they want the land or the money. It is
not up to the developer. That is something that I disagree
with, I think that is the way the
Land or money. language is in the law.
Councilman Monahan-Lee just
we . . said the ordinance said that
S1.Tpervisor Borgos-The Town Board decides whether it be
or money. obviously I would land
rather than us take our Prefer to see you preference
Y Property.
C01111nci. lman Kurosaka--In this rase yes , I agree with Steve .
Senior Planner-York--Take the ski slope .
Councilman Potenza- . . .Harry liar just offered it .
Supervisor Borgos-We have been asp
that there is adequate space cured by our �*�nsultants
q P there, it wi l Y not make a
difference for these purposes , whether we get ",11 Y or land,
it will not make a difference in the calcu.l iop Are there
any other answered issues related to this F TI .S . Any more
legal advise .r_ el.ated to tl10 Corinth or Corinth question
depends upon where you live how you say that word. Any last
mi.titatQ questions about wltetl�.er we have to heard from them
whet'fer we should hear from them or finalize any of that?
Do you feel that you are comf_or_t-able taking a. vote on this
phase of the documentation without. further word from
Corinth?
Town Attorney Dusek-Yes .
Supervisor Borgos-Alf other comments by any Board member as
far as questions wl»t has been presenter) to you and
whether or not i1"s complete? Hearing none . . .yes .
Town Attorn,'Y Dusek I have one question and that is
I kind
of walked w,Ay a little Puzzled here on the density issue if
the und�'r�standi.ng i.s , is that I will work to try to get a
docume'rit together that meets with the Board ' s approval is it
tl"t you are accepting totally this memorandum?
Councilman Potenza-That_ is accepted to my knowledge , it can
he accepted into, included into page 43 somehow.
Town Attorney Nsek-Bit are wQ limited to , because I heard a
col,ple of sta*meets made and I just want to clarify this
that are wP limited to 232 residential dwellings?
r Sliperlfi.sor Borges-Right .
Town Attorney Bsek--with the remainer of the 257 . . .
Supervisor Boos-232 residential units I understand that
some of those to multi family is that correct?
Tin.known-Yes .
Supervisor Boi4os-How many?
linknown--l.A4 .ml:ti family .
Supervisor Borgos-Are they jm-St duplexes or are they quads
or could be , that is not yet determinpd.
Councilman Kurosaka-A duplex 'i.s two residential, units and a
quadr.oplex is four residential units
Supervisor Borgos-Not anymore' I do not think.
Unknown-We mean i ndivi.r'va l 'Ulitc , 1 hat might be .
Councilman Fotenza-They may ,Q a''.tached.
Ur) npwn-They are atta cl '11• f
Supervisor Burgos-Le.t: hold # x a r 't=;r,Y1 how many living
un'i t s 232''
Unknown-Yes .
Supervisor Borgos-Not 2-t2 bui. ldi.ngs . `
T3nknown-Right .
Councilman Kurosaka-1 think that the ,2!oi0 •::g or.dInance is
sDt�cif.ic on that .
Cniuicllman Monahan--0n page ? of ±.his , tT?�.y leave left
thpJ'IIe es the option of. r(-d1:T.r,i.ng their 232 11id x1ping the.ir.'
comTn�rc'al .
Mr . 3� rzys -Non-residential. b,_,ildings and . wY� ;: ,e said.
Counca 1man i'.�_!rosa.ka-The number of building: hap _,' ng to
do wit.,> the sg1zax e footage .
Councilman Monahaa• TiA it does if the 232 . . .
Supervisor Borgos-1 Jo not think that we agreed to tii�-O , 232
was to be it .
Mr . Brandt-With 80, 000 t . of commercial .
Mr . Krzyc-'Cari_s is where we a) gain about the l; ,"Jigs, 1. A
d°a not know, now, we have r "A(_fd ourselves by- ` .: typing the
2:32 we 14,st 21 non resi.den.ti-i.l ,i.l�T.',ngs by takiri ; loss in
density .
councilman Monahan-Read i,age 2 and g(, '''w�• to the sentence
that starts out the sponsor, not quite Anw i_h ds of the way
down.
Supervisor Borgos-The sponsor_ wishes to reset—VF—+ ' Option
to utilize the allow-0,1e cl.ensity until ack.ual
principal buildings is determined through tie sits. Yp�gw
process .
CoUncilman Yurosaka-This i.g all right, site r-view process . .
!3lzpervignr Borgne-Sho,00. l.t l�prome n.ecesGa'y fh,11 Sr,nsor
would reduce the number of proposed ? l its
provide an ad.Pquat.? giiaril-.i 4 � of princ�J a i � r. � .
accommodate the proposed non rmsid-n.tial t
91a.c_ you poin.terl that o+.,.t 1 ,ra»so . . .
Councilman Monahan---Th?.±-, i ,.xr,,+ m,• thole r.,,' _„rya{-i in was
about. .
c1.1pervisor Borgos-01'_, I +1�� ,s ,�3t }z s 2 was .?�1'iteal�r the
base in r,-s id,Fyrit.i l r 1�a: - . . . I `hcrught 8"r-e wor ld be
flei,ab lity in the other .
Town Att.nrney ])iignic---T lui,, a st,ga—sl-lnn,
might resolve this to evF,ryones satisfaction..nd that is ,
0
the ordinance says under 15 . 073 the applicant has to state
the total number of dwellings units , so if he does that and
says it is 232 . .
Councilman Kttrosaka-But , he its going to voluntarily it is
optional to reduce it to use some of those buildings for
commercial which is nothing objectionable that I could see .
Town Attorney Dusek--Well , my suggestion would be , perhaps
consider, he designates 232 as his dwelling units he gets
the difference to 258 for commercial and then at some point
in time if he finds that he has tore-arrange this number he
could always make application to the Town Board, come back
and ask for a change .
C'rii,nr i ]man Ylrrosaka.-Gn to s i.±:e plan review i f he is
modifying the plan.
Councilman Monahan-No, I think that the Town Board has to
change anything we allow under this .
Town Attorney Dusek-If you are granting that in the first
instance it would be,
The you get the density and the intensity.
Board would only review sight specific . This way it
would give the developer at least, it would give the Board
the firm numbers that I think Councilwomen Monahan is
looking for but. it w011-1d. also give the developer at least
the option of coming b?ck to this Board and explaining why
he can not meet those numbers at some future date .
Councilman Monahan-That way we keep control over the
project .
Councilman Montesi-Does that seem fair Joe?
Mr . Kr. zys-Yea . I think . . . bag-d on the fact that we use the
new ordinance and we dial not know -that and we already
dropped off 20 nor- rosid.az?ti.al httildings which is not our
intention in the first place .
CO,,,,ci loran Montesi-We are not sapi.ng to change that , we are
saying if you are going with 258 and you think 232, you
think right zaow is your number that gives you the balance
which your non resid-n-ial . If that should substantially
change where you want to reduce your residential you would
come back to the 'Town Board and we would amend, that . . .
Councilman Monal 'h-Negotiate .
Col_Incilman IC1.1rosaka-Not negotiate, w
what he was going to do , e would have to look at
Town Attorney Dusek-Right .
C01_t1ci lma.n Montesi--In of-h.erwords that gives:. you some
flexabi1ity within the frame work of that if you. find that
market conditi.oz)s or' caha.tAVQr else are changing your. , re
going to make very concerted opinion cost effected opinion
on why yott
are cha.ngi.ricx this , rna_yhe (jrastic, it may be only
2 or 3 I do not know-, yo,u do not know. . .
Mr. Krzys-I dr.= not have a. PT�Oblem coming bark, the only
problem I have now is , V'r- started this whole thing at 278
uni -.s and we said 232 base
passed . i. on 278 stn now we voluntarily
Councilman Kur6saka-I think you have got past. -)Iat Joe .
Lets correct the last two sentences and forget it .
Mr. Krzys-All I am saying is if I am going to do t}).at lets
drop by another 7 or 8 recident.ial ,units .
Councilman Foteenza-Yes .
274
Mr . Krzys-And drop that so it leaves more flexability.
Councilman Mnjitesi-Are yoj_t sayi.ncg you want 224 in
residential .
Mx Krzys-We are ' goinu with 222 and .drop 10 residential
units and if we have to come l,ack' for more we will come back
for more . We would rjever un over 222 residential units .
Attorney Persico-You put the cap nn it there .
E
Mr. . Krzys-We cap it at 222 , i
1
COU11CIIman Manahan-That leaves Sntlr 36 commercial buildings
tip there .
Mr . Krzys-Possibly I do �n±. k.now if we are ever.' aping to
qs e that number. .
councilman Ku.rosaka-I do not think you will ever use it .
I1x . Krzys-If we don ' t we lost some residential iinits by us
doing this .
Supervisor Borgos-Tonight, we are not voting on whether we
a.aree or (11 sa.gree with i hat. , but rather if we vote, but
whether we agree that this c')rument. is complete .
counc,i. lman Monahan-That i.s right, we have another wack at
that under the PUD .
Supervisor Borgos-We still )lave the findings which we will
go through and the PUT).
Mr . Montesi-We are at 258 and at 222 . . .
Supervisor Borgos-We are jtast. trying to get one of the
phases done .
councilman Monahan-Then we are taking out the last sentences
that says the sponsor wishes to reserve .
Town Attorney Dusek-Actually, I think the last three
sentences .
Supervisor Borgos-Do we then have to go throu:ilb and correct
all the 232 ' s?
Town Attorney Dusek- — just to reserve the option, and then
it is three sentences all together .
Mr . Krzys-Based on your proposal Paul , wouldn' t that be,
acceptable for some re
asnr) we did want to come back and go
below 222 we have to come back here for .
Town Attorney Dusek--Well. , ynu cot)ld always . . . come back as a
matter of fact to the Town Board for relief anyway .
1'r . Krzys-Is that whel-p we cowpe back or is that Planning
Board?
councilman Monahan-No , yQ1_1 comp back to us .
Town Attorney Dusek-_Yc),z C ft(t,? 1) to, to the Town Beard for
density .
Councilman Kurosaka-You got year total density, and we got
an a.djltstment . . .
councilman Montesi-You got your big nt)n)ber and you got your
rr�Clt,rtinrl of 2 22 and ? k.rznw yfitl, t•Jil. l. need flexabi- lt.y in it,
and if it is much more than that. . . . .
275.
Councilman Kurosaka-If you, come up with a more presentable
plan.
Supervisor Borgos-Any further questions or comments?
Town Attorney Dusek-You got 222 plus 36 for a total of 258 .
Mr . Krzys-Do you want to break down the .residential now, to
something less do you want to know specifically that? I
already lost 10 residential units you have to take some off
the multi family vs the single family.
Councilman Monahan-1 do not think I really care , to be
honest with you. I do not care about the break down of
residential units .
Mr. Brandt-Good, God, this is a three year process and we
are down to this . My God, I have heard some crazy
discussions , to me this is getting absurb. What really
bothers me is the statements that, well we got another wack
at you here you got another wack at you there you know I am
a land owner I pay taxes I have certain rights on that land.
Under the zoning laws and the whole bit. You know it almost'
sounds like as a land owner in an adversarial position with
the Board and I do riot believe that should be the case .
Supervisor Dorgos-In fart just the opposite, I hope that
everyone understands that all these hearings are being held
a{" crazy hours most inconvenient to many of us to try to
help you to preserve your property rights and get through
tho process as quickly as possible , rather than drag it out
to normal Board Meet_inus . We are holding a lot of special
meetings trying to get through . It ' s unfortunately, part of
government today, it is just extremely cumbersome .
Mr . Brandt-It has not been for two previous PUD' s I must
say, and by Jesus . . .
Supervisor Borgos-I think you will find that it has .
Councilman Montesi-One of them is not done yet.
Mr . Krzys-If it doesn ' t make any difference our 232 why
don' t we just say 222 residential units and leave it at
that . We figure it out, and again we have to figure it out
by the way our land lays , our land is not a flat piece of
land it is all over the place . We want to preserve the
integrity of t_ha.t piece of property. So if you do not.
have a problem that you do not care if it is 48 single
family and 184 millti fermi l y ji.ist. say 222 residential units .
Supervisor Borgos-I do not have a problem with. . .
CouT)ci lman Monahan-The r. Pason I say I do not care because I
do not think it is going to have any effect on the number of
people using those Units ;aTO + hat is where the effect is how
many people are going to be there .
Supervisor )Borgos-That i s why T. asked the question before,
how many dwelling units .
Mr. . Krzys-For example if we p„t a condo above a retail space
a.nd it is in another b1j1 ld.iy)a, as far_ as I am conr.erried it
still counts as a residential building .
Supervisor Borgos-That wn,.ilc3 be my thinking .
Mr. Krzys-We used it u.p . I£ you do not have a problem with
that we are comfortable . 222 residential units .
Councilman Montesi-Your retori.c that says in here that you
want to reserve the riulrt. Pai.tl , maybe that can stay in all
you have to do to make them feel comfortable too is that the
276
Town Board agrees that they will review that:
Town Attorney Dusek-You could change that a little bit to
*iust indicate that .
Councilman Monesti-We are giving them, the door that is
opening is , come hack and talk -�o i,s on that if you have to
change those numbers .
Mr . Krzys-We would appreciate that .
Councilman Montesi-That at least says we are acknowledging '
the fact that yo,.t are r es-rvi ng some . . right-s, sight
p.lans . . . and we are willing to sit down and 4alk about it .
Supervisor Borgos-Any fl.ir-ther comments from members of the
Board.
Councilman Monahan- . . . the Town Board will reconsider the
break down of the derlsi.ty or . . , if necessary.
Supervisor Borgos-I would that- if indeed in just a minute we
are going to act on a prepared resolution that somewhere in
here we want to talk about relaying to the Town Attorney the
r P^ponsi.bi 1 ity to l,A sr,.rp that at some poin _ the language
ha.s been cleaned up, act►,.al Iy the sponsor would, comp back
IVY it 1) a proposed new l an*zuarzr1 and -hn,a where thy? changes have
been made so ±lle eriitnr ial cr�minents have be -n deleted and
that the proper laDgi_la.ge ha.s been inserted tr, take care of
Mrs . Monahan and other concerns . Is the Boarc by consensus
ready to look at fhA r. m«o l tat i on? We hays a. prepared
resolution in front of us .
Town Attorney Dv.sek-,On the attar.liments or the iiodifications
that were given to us dated August 21 , 1989 Councilwoman
Monahan has pointed out that on page 2 it refers to the old
numbers and that would have to be modified and corrected in
the new documents . The only reason I did that is that when
we get this typed up I will use this tape of the meeting to
compare against the new document to make sure thr.t we caught
everything.
RESOLUTION IN RELATION TO COMPLETION AND ACCEPTANCE OF FINAL
ENVIRONMENTAI, TMPACT STATEMENT WEST MOUNTAIN VILLAGE RESORT
PROJECT PLANNED UNIT DEVELOPMEEN,r AND PLANNED 'DEVELOPMENT
DISTRICT
RESOLUTION NO. 480, 1989 , Introduced by Mr. George lurosaka
Who moved for its adoption, seconded by Mr. Ronald Montesi :
WHEREAS , the Town of Qlvpensbu.ry is the designated Lead
Agency for the preparatinn and completion of the
Environmental Impact Statement for certain local rezoning
actions in connection with the West Mountain Village Resort
P-rniect , consisting of a Planned Unit Development in the
Town of QuPensbu.r. y and a Pla.r►nPd Delrelapment Pistri.ct in
4-hr? Town of Lrizerne , here,ina.f_}Pr referred to collectively as
the "Proposed. Action" ) ; and
WHEREAS , the Draft Envi.r. onmerltzl Impact Statement (DEIS) for
the Proposed Action t�?as -►rcep+--erl as complete on May 24,
1998 , and supplements to the PETS were accepted as complete
(M November 10 , 1988 and March ;!8 , 1939, respecti_•,ply, and
WHEREAS, the Lead Agency has ha.d responses p.r. epared to all
of the subs±:anti.ve comment s received during the public
Comment perioels in ronner!tion tai: ► h the PETS and the
supplements thereto; and
WHEREAS, the DEIS, anrl s>>ppJPm-nts thereto, together with
}.b- r.ec;pOT)SPs +:o 4:he p ublir constitrte the Final
Fnvironmental Imtgc.t Statement for the Proposed Action.
Wlil"R.FAS, A► tc?rrley T.'•a.vi d. Krngmann on bralia.l f of the Town of
2 7(' .
Lake Luzerne has indicated that the Town Board of the Town
of Lake Luze.rne considers the draft FEIS to be complete and
in substantial compliance with the requirements of 6 NYCRR
Part 617 (SEQRA) . Accordingly, it is recommended that the
Q'.ieenshury Town Board, acting a., *the designated lead Agency,
i
accept the PETS and file t as prescribed by law.
NOW, THEREFORE BE IT
RESOLVED, that the Town of Q,eensbury, as the Lead Agency,
finds the FEIS for the aforesaid Proposed Action as amended
tl the Town Board Meeting of August 30, of 1989 to be
State
complete and in c.omP" ;3"ce with the requ.ire.ments of the
State Environmental QUI lit-y Review Act (Environmental
Cnnser.vation Law, Article 8, a.nO 6 NYCRR Part 617) .
PF IT FURTHER RESOLVED, that the Town of Queensbury, as Lead
Agency, accepts the FF,IS on the Proposed Action and directs
the Town Attorney to fi. te the FEIS, as prescribed in 6 NYCRR Fart 617. 10 (d) and to file a notice of its completion, as
Prescribed in 6 NYCRR Part 617 . 10 (a) (2) , which notice of
completion is to be published in the State Environmental
Notice Bulletin.
Duly adopted the 30th day of August, 1989 by the fo.11owinQ
c;Qt° . -
Ayes : Mr. Kurosaka, t1.r_s . PotenZa , Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes : None
Absent. : None
Supervisor Borgos-What has been done by vote, is that this
Board has accepted s
a.. rr,mplet-.e the fi.na.1 environmental
impact statement. The FEIS has been accepted as complete ,
the Town Board 17"J'st wait at l Past 10 days before it takes
further action which would next. be the findings of fact and
then a discussion an(j. a. �;otP on
for the PUT). the application for rezoning
Councilman Montesi-R> : Zuma property-Corner of Twicwood
Lane--We the neighbors of Michael and Lorraine Zama of 2
Maplewood Drive , , Queensbury, do request the Town of
Q�ieensbury enforce Local Law N>>.mber 3 , the Ordinance Number_
?!1, and 1988 Resolution Nlimber 127 . It has been over two
years since the addition to their Douse was started . This
third permit is expiring soon and should not be extended or
renewed.. As a representation of interest in seeing that the
Local Law, Ordinances and Resolutions of the Town Board be
honored and enforced and our further interest in seeing that
the spirit and purpose of our local laws be enforced, we the
following residents of the Town of Queensbury and more
aprticularly from the area of the Zuma' s do hereby Petition
the Town of Quepnsbl+ry its Officers , Staff and Board with
respect to the Zuma residence to : 1 . Revoke and
out,st.and.ing Bui. ld.i.ng Permits . 2 . Deny any request to
extend or review such buildings permit. 3 . Commence Board
a.nd J..Pga 1 pr. nceedi ng a11rl comp- ance with the Lair,
Ordinances , Pules and Ra(Tulatinn.s of the Town of Queensbury .
1,t19T1 On file)
err_)te. attached : Ron the attached petition indicates how the
neiglibor. s feel about the 71.?.ma. property. If. this petition
fails our next action will be to ask the Town to lower oiir
s7nr-r.mn t b-cajr-e of the impart the Zuma prrnperty has on
the value of n,i.r prnper ty . R . Leonard .
Counci. lma.n Fn4_en,^a--Nn4-.n(1 ±h.9't i-be residents ha.119 an avent!P
to follow, there are covenan+-.s in their development .
Tnwn r.t.tornnV 1-,ha47 lie m t with the T111i l{ding
?nspector. . . Number 1 . Mr . 7uma has not asked for an
278
extention for his 1)11" r.ling Potm' t 2 ' the Building Insp ,
feels under the circi.imstances he would find it difficult to
1 s sij P a new one because he (10PS, not. Mef--t the ju_qtj.fj,catiPn
he has to have to get a new one . There is a meeting
u I -d for Wednesday , to throtj.gh the court file on
this to see how we get this back into coiirt at this
poijit . . . . it was in court and pJrt of the resolution of the
court was that he was to fin"-9h it -
silpervisor Borgos-Paill and are working on this . .
DISCUSSION -Fitzgerald pro[ip.r±y . . .Councilman Montesi-noted
some concerns about moving some
tha Fitzgerald hats t Mr . Fitzgeral bs
rocks that are up on top , 41-igre are some safety factors on
Ile just wants to qet. the rock that is up there
7�OcVplled Ile is not i.11 jT)y way looking to I - mining
11 o i s; (-)11T (71lman PotPn7a-AS1'-.(-d. for a
of tons of stone - ('� 'I
ime time period . Noted
limit . . . Supervi sor Bongos - 0 day
that the Slopervisor' s Office of the
map s on f i I.P iij
property.
RESOLUTION REGARDING IiETL 'FTT7GERAL1) PROPERTY - RT. 149
RESOIATTION NO. 481 , 19P9, 'rnt.rciril.)ced by Mr . Ronald Ilonte9l.
wbn moved for its adoption, seconded by Mrs . Marilyn
Fpten?,a. .
WHF,RFA,S Fitzgerald ha,- r_rp.tested -that the Town Board
S0111.�j ,)II i,111irh a -�o perform
rflnrl I f 1.ts pre-vjoi,is re - .1 -.1lowed him
certain work upon his property located at Route 149 Town of
Qi)eensbury ,
TIOW , THEREFORE BE IT
RESOLVED, that the Town pcaro of the Town of Queensbury
its e eytent that
hereby modifies- s p,,_,,jnjj� resolution to th
additional work will be allow-1 i1pon the property consisting
-�Jjo it safe by
'an lip of -
of flj_rther property and making
removing from the property seereral piles of stone and rocks
at the top of the embani-M-jjt , the rocks and stone being
referred to were apparently piled at a time the previous
excavator was working there aT)f1 be it fur-Hier
RESOLVED, they be permitted to take these from the top
pl.1s — , rd and haul it
than have to iov,11, more haza
rathet it lot faster for everybody to
away from down below ,fr h and be it.. further
top,
om the 1-0,111
RESOLVED, that the areas to be cleaned in question are more
specific-ally defined in a rT)emr) dated August 25, 19 9 to the
Town Board from the Supervisor anal with that memo there were
attached maps , furth,-r. delin-i-t- ing the area and be it fti-r-ther
RESOLVED, that this crrant.Ft permlssion to clean the property
7. py .-nd 6(
ill this fa!-hirin will- b- fox a, t-irTl' P -.' - of
(j_jy5 from tj)p date of this resolution and there after the
conditions of the 11. Zvi o i.i s te�7olutif:)nes of the Town Board
shall apply .
Duly adopted this 3oth 4-3y of September, 1989 by the
following vote :
Ayes : -Mr . Kurasaka , Mrs . Mr . Montesi , Mrs .
"onnban, Mr. Br _
)rgo 9
Noes : None
Absent : None
On motion the meeting was adjol-it-ned .
pcer,pectfijlly si.ibmittPrI.,
Miss Darleen M. Dougher
I