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2000-02-14 REGULAR TOWN BOARD MEETING FEBRUARY 14, 2000 7:00 P.M. MTG. #9 RES. 66-82 BOH 3-5 TOWN OF QUEENSBURY BOARD MEMBERS SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND WATER SUPERINTENDENT RALPH VANDUSEN COMPTROLLER HENRY HESS DIRECTOR OF BUILDING AND CODES DAVE HATIN PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER Supervisor Brower-For those in the audience that might be here for the Fuller Road situation it is not on the agenda this evening. The Rowlands had proposed coming in with a compromise proposal and they called and they would like a delay until the 28th of this month. Recently we have had some things in the paper regarding Constitutionality and as you all may know the Queensbury Town Board is sworn to uphold the Constitution of the United States and the New York State Constitution. Whenever a question of constitutionality is brought to a member of our Board or recognized as a possible violation of our Oath of Office we certainly will take action to remedy the situation immediately. We will also seek legal advice if deemed appropriate but we will never violate the Constitution knowingly. I want that on the record and with that said I would ask for a motion to go into Board of Health. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 66.2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 14th day of February, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH Discussion-Cleanup and Secure Property 11 Nottingham Dr. Robert and Paula Bartosevich Director of Building and Codes-Dave Hatin-Since we last met and the Board set the hearing for night I have not received any correspondence nor any notification from any representative or the Bartosevich themselves. I have sent out two certified letters both of those were returned unanswered and we are tonight where we are. Supervisor Brower-This is a situation where Dave Hatin brought this to my attention we went out to see the residence and there was garbage piled up about five feet high along side of the entire width of the house. What proposed solution do you have at this time Dave? Director Hatin-With the Board's permission the law requires a three day notification either on the property or served by certified letter to the Bartosevich's as I do not think we are going to be able to contract them in three days I will post it on the property tomorrow and by Friday if! see no response from anybody I would like permission to go ahead and order the clean up. Possibly the Building and Grounds crew or the Landfill Crew if not contract it out to be cleaned up. Supervisor Brower-Asked for discussion... Councilman Brewer-Where do these people live, Dave? Director Hatin-That is unknown. My last conversation with the Sheriffs investigator is they maybe somewhere in Penna. but no one is sure. Councilman Brewer-Is the house closed up? Director Hatin-The house is vacant. Councilman Stec-Do you know how long it has been vacant? Director Hatin-As far as I know for about the past five or six weeks. Councilman Stec-Do you know how long this condition existed with the trash. Director Hatin-According to the neighbors for several weeks prior to that. Councilman Martin-What is the nature of the garbage there, Dave? Director Hatin-It is household garbage, renmants oflawn clipping, lawn pine needles that is not so much of a hazard as much as the garbage is. There is probably at least a good size pickup truck load of garbage there. RESOLUTION ORDERING RONALD AND PAULA BARTOSEVICH TO CLEAN-UP AND SECURE PROPERTY LOCATED AT 11 NOTTINGHAM DRIVE, QUEENSBURY BOARD OF HEALTH RESOLUTION NO.3. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Director of Building and Codes and Local Health Officer previously advised the Town's Local Board of Health that property owned by Ronald and Paula Bartosevich, 11 Nottingham Drive, Queensbury (Tax Map No.: 48.-3-50.8) is scattered with garbage and rubbish, easily accessible to children, the general public and animals, and unsafe to the general public and therefore recommended that the Board of Health take action if the property owner failed to clean-up and secure the property, and WHEREAS, on January 24th, 2000, the Local Board of Health declared this property to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and ordered Mr. and Mrs. Bartosevich to commence cleaning-up and securing the property, and WHEREAS, the Local Board of Health held a hearing concerning the property on February 14th, 2000 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, and WHEREAS, the Director of Building and Codes has advised the Local Board of Health that he has again inspected the property and in his opinion, Mr. and Mrs. Bartosevich have not commenced cleaning- up and securing their property located at 11 Nottingham Drive, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that Ronald and Paula Bartosevich have not commenced cleaning-up and securing the property located at 11 Nottingham Drive, Queensbury, such property being a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and BE IT FURTHER, RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New York Public Health Law, hereby orders Ronald and Paul Bartosevich to abate the nuisance and health hazard by cleaning up the garbage and debris within three (3) days of the date of service of this Resolution and Order upon Mr. and Mrs. Bartosevich and posting on the property, and BE IT FURTHER, RESOLVED, that if the nuisance is not abated within such time, then the Local Board of Health hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to clean-up the property immediately in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, that in accordance with the New York Public Health Law, Ronald and Paula Bartosevich are responsible for the clean-up expenses and the Local Board of Health may authorize and direct Town Counsel to commence an action seeking a Court Order authorizing the clean-up and/or collection of the cost of the clean-up, including legal expenses, if necessary. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF BILL AND TERRIE MANSMANN BOARD OF HEALTH RESOLUTION NO.: 4,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Board of the Town of Queensbury serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance, and WHEREAS, Bill and Terrie Mansmann have applied to the Local Board of Health for two (2) variances from Chapter 136 to allow an absorption field to be located 139' from Glen Lake and 94.7' from a neighbor's well instead of the required 200' and 100' setbacks respectively on property located at 19 Chestnut Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on February 28th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Bill and Terrie Mansmann's sewage disposal variance application concerning property located at 19 Chestnut Road, Queensbury and bearing Tax Map No.: 39-1-17 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 5.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ted Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 14th day of February, 1999 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARINGS PETITION FOR CHANGE OF ZONE NIGRO COMPANIES NOTICE SHOWN Supervisor Brower-I am going to recluse myself from any discussion or the vote on this. Quite frankly, I have been informed that I could indeed participate in the discussion and vote on it since my Aunt actually owns the property in question however, I believe that since she has the same last name, Brower, the appearance of impropriety is more important to me than anything else and I am going to sit in the audience with you folks. Mr. Turner could I ask you to take over please. Deputy Supervisor Turner-Before we start let me explain the order of presentation here with the Nigro Rezoning. The applicant will make his presentation first, we will have a public hearing and those in favor will speak first, those opposed will speak second. We will have correspondence then I will close the public hearing or leave it open which ever it is. Then the Town Board will do the SEQRA long form, we will have Board discussion and we will adopt the resolution or not adopt the resolution. So, with that, Mr. Lapper. Attorney John Lapper-For the record, my name is John Lapper with the Law Firm of Bartlett, Pontiff, Stewart, and Rhodes in Glens Falls on behalf of the Nigro Companies and with me is Steve Powers the Vice President of the Nigro Companies will be here to answer questions, later, and Frank Palumbo from Sear Brown Group. We will give him a minute to set up the easel with the diagrams. I want to make a few preliminary comments and then Frank will go through some of the technical details. I guess just to start with while Frank is getting set up. The reason why we asked for a two week postponement on a public hearing was that we had submitted detailed traffic reports, storm water management reports for review by the Town and its consultants. We received some comments back but we were still in the process of responding to those and we thought it was most appropriate if we could tie up those technical issues before we came here tonight. I am please to say that we have. Pictures are more exciting. Since that time we have now received letters back from Vollmer Associates the Town's Traffic Consultant, Scott Sopczyk from Adirondack Glens Falls Transportation Council has responded they are now satisfied with the traffic issue. Rist Frost the Town's Consulting Engineers has responded that they are satisfied with the Storm Water Management Report and that was really the reason for the delay just so we could deal with those issues. In terms with the procedure tonight, we are here for a SEQRA review and for the Rezoning request. I guess we view the rezoning as really a fairly minor part of this in terms of the overall scheme of zoning in the town and in terms of this project. Because when we started out and we have been working for probably over a year and a half tying up the appropriate parcels, we tied up the two parcels the Brower parcel and the Skinner parcel which are just shy of eight acres initially and we were, and that was really all the land that we thought that we would need. And just by comparison this building is sixty five thousand square feet what is proposed which identical in size to the Hanneford which is just across Bay Road. It is also very similar with Hanneford in that it is somewhat of an internal parcel with frontage both Bay and Quaker so it is very comparable to Hanneford and that sits on a parcel of seven and a quarter acres including all of their access drives. So, just by comparison we had an eight acre parcel to begin with but at the same time because we had some wetlands that we were going to have to deal with here and because we realized that with even doing it on the eight acre parcel with a fifty foot buffer as required under the Town Code at the rear of the site. We would still have five houses looking over their back yard fences even if they would be looking at a fifty foot buffer they would be adjacent to the property. As the result of that we went and approached them and we obtained options to buy all of their, which is a total of eight lots, five houses and eight separate lots so that we could go all the way out to Homer. But, at the same time we were mindful that there were still four property owners on the other side of Homer who would looking across the Street. For that reason we planned the project with a very significant fifty foot buffer and a high earth berm with a fence and significant size plantings which Frank will go through to buffer those people on the South side of Homer. At the same time we also designed the site plan so there would be no traffic access what so ever onto Homer so that those people if you will should have fewer cars than they do now because we are eliminating the residents that are there. In terms of the rezoning it self, that land, that is residentially occupied now, is all zoned light industrial as is the land on the South side of Homer Avenue. So, compared to other rezonings that have been proposed in the Town in recent years, this is not the case of rezoning a residential zone to a commercial zone, this is a case of up zoning if you will from an industrial zone to a commercial zone. But, beyond that what is really unique here is that we are not planning on using ten acres of the site so that we are asking for it to be rezoned so that we can eliminate impacts on those neighbors on the North side of Homer and we can buffer impacts from the neighbors on the South side of Homer but at the same time by only putting sixty five thousand square foot building on the site we were at forty six percent green space for the Planning Board when we started the project. What did we add a couple more, percent? After we met conceptually with the Town Planning Board they expressed concerns and we have gone back to address their concerns and we will go through this in a moment. But, what we have now done is eliminated two rows of parking which is a total of twenty two parking spots. Because the Town Code even though five point, five spaces per thousand is required the Town Code permits the Planning Board to allow you to put in fewer as long as you show that they could be added later if the Planning Board determined that it was necessary. So, now we are proposing to take advantage of that, the Planning Board was even though we had forty six percent green space, the Planning Board, and the requirement is thirty, in the zone, the Planning Board was interested in maximizing the green space and in order to accommodate that we have added the additional twenty feet of green space at the front of the site which is what would be visible from Quaker Road which is probably the most visible part of the site. And that brings our green space component up close to fifty percent. What that means is that, if this project was not to go forward on the one hand somebody could come in as or right and without going to the Town Board and just build an industrial project along Homer and a Commercial project along the Quaker and Bay frontage, so that you could have two projects which would have significantly more impact potentially. You would have truck traffic from an industrial use and that truck traffic would be on Homer verses ours which would all be on Bay and Quaker which are two roads which are suitable for this kind of commercial traffic. Alternatively we could take the ten acres and in order to comply with the thirty percent green space just to do with out any variances, just to do what the Town Code allows, we could have a building that is at least another forty five thousand square feet. So, we would be from sixty five up to one hundred and ten, accommodate the parking and green space per code. So, it is sort of a unique project that the developer, and part of it is because it is Nigro companies and fortunately they are an experienced developer that can afford, they do not have make the project as tight as possible to tie up this extra land. We feel that the rezoning really goes without saying making this a much better project because it is more green space and it is just less intensive development than what could be on the site. In terms of the Planning and Zoning issues just what is in that corridor we have previously submitted a map that shows what is in that area, in terms of the industrial uses. We have got the CR Bard Plant across the street on Bay Road, Duke Concrete Products, the Industrial use that just went in the Bronze Casting in the Industrial building at the corner of Homer and Everts, there is a Harron Cable site a Minogues Beverage Site and then the whole front the Highway Commercial is all very commercial use. To a certain extent what we are doing by buying the Brower piece which is still residential used as well as all the north, the houses on the northern side of Homer we are allowing these people to move out of an area which is no longer a suitable residential character before we come along. It is in the commercial corridor and it is commercial and industrial in character and allow them to sell their homes for a good price and move to a residential area which we think is good planning. In terms of the Town wide and in terms of these people's lives. So, we really think that we are doing something that makes sense for the Town and that is why we have included the rezoning as part of this project. We realize that we still have to work with the Planning Board if and when we are approved by this Board for the rezoning and deal with design issues, buffer issues, vegetation issues and we are thoroughly prepared to do that. In terms of the Nigro Companies as a developer I would just point to, what we all know, that what used to be that old Carvel Building on Glen Street which was demolished they took at the old Supermarket and put in the Toys R Us. They do quality projects, sprinkler system, well maintained so it is not like they come in and you have to worry whether their properties are going to be taken care of. They are a quality developer. I think that covers my preliminary comments, I guess I would just like to at this point turn the microphone over to Frank and ask him to go through the diagrams. Mr. Frank Palumbo-Thank you John, What I have brought tonight is much of the information some of it updated from when we were before the Planning Board but just to give you the over all context of what we had presented at the Planning Board. The sixty five thousand square foot grocery store sits toward the rear of the site with Quaker Road here and Bay Road here, Homer is right there. The parking that John had talked about this plan is exactly as it was with the Planning Board and the additional parking that John was talking about we would extend this drive down thorough here, thereby moving this roadway back getting that out of green space in the front. What it also helps us do is preserve more of the wetlands. But, the majority of the parking is in the front of the building we have positioned our landscaping to try to get the most effectiveness out of it. We have added a good amount over here for the purposes of the views into the site from Quaker at this point. This area right where I am putting my hand is the wetland area that will be maintained and if you are familiar with the site as I am sure you are you would know that is heavily wooded it is not a marshy wet land it is a wooded wetland. All of the trees that would be within that wetland would be untouched, that would be our limitation from the Corp of Engineers within out permit. We have a detention basin right here that I will get into in a second. But again the landscaping along Bay with a seventy five foot set back from Bay Road that is in the Code and so that area there would all be green area and there is a lot of potential there. As were going through some of the drawings the view shed analysis we realized that yes, once we get into site plan we could get into berming in this area to even more so break down some of the views from out in the roadway. But, for right now our intent here was to provide some buffering from Bay Road. What John referred to as berm in the back here is six foot high berm with a fence along the top of it and extensive landscaping on both sides of that berm. The engineering for the site and we have some photo's that I will get into more of that in a second. The engineering for the site was relatively simple from the stand point of water and sewer, there are available utilities, we can connect directly to the sanitary line in Homer and the water line also had a direct connection back to Homer. There is no physical access to vehicular access to Homer Avenue. Our two access points are here at Quaker Road and to give you a context right at this point here is the entrance to Lowes, which is the right in, right out entrance. On Bay Road our entrance is here and also contacts, this is the Hanneford Driveway right at that point. We, back to the engineering of the site one of the primary concerns that we had to deal with was the storm water. Our site is pretty much divided with a ridge that cuts right about through there so that the, its divided into two water sheds both of which ends up across Quaker Road into Halfway Brook area. The first draining primarily down into this wetland before exiting the site through a culvert under Quaker Road. The second is a stream that flows through the site and then out behind Minogues and then crosses Quaker through a different culvert. What we have done is provide two stormwater detention basins, one in the rear here one in the front here, trying to mimic the exiting situation. Our storm water management report was submitted and reviewed by Rist Frost we have met all the pre and post conditions ensuring that our post run off, rates and flows and volume are no greater than the pre. There were concerns raised during the Planning Board process of the impact on this stream. The stream is right at this point here and the basin is entirely without, outside of that entirely on our property. I should have also referenced you when I started talking about this, that this is Niagara Mohawk lands right in here that the developer has worked with Niagara Mohawk for the provision of the access. Councilman Martin-Did I hear you right in saying that your post development runoff volume equals your predevelopment run off volume? Mr. Palumbo-The rate of the flow is equal not.. . Councilman Martin-Not the volume. Mr. Palumbo-Thank you. So, what we are doing in this case here if the concern in terms of where we adding something to the stream that was going to cause, there was concern of whether or not we were going to cause some back up at this point of the culvert. The culvert that is currently under Homer Avenue really is, functions in isolation of what we are doing here. With the detention basin in this area here we are detaining that flow so we are not adding to the rate and we would not be causing any subsequent blockup at this culvert, thereby creating any impact across the street. The wetland down the front primarily catches all of the pavement areas, comes in here and exits out and is discharges into this existing wetland. This is, if you can think of it this way this is kind of our primary treatment for that storm water, it is then released into the wetland with all the first flush being handled in this area. All the detention being handled in this area, but then almost getting a secondary natural treatment as this wetland currently functions out on the site and then slowly making its way down to the culvert under Quaker Road. Councilman Martin-In terms of the wetland, what is your area of disturbance? Mr. Palumbo-Right now with the Niagara Mohawk lands included which we would have to we just submitted the application the corp. and the current is .53. We believe that when we make this change of the parking right over in this area here we are going to save some more wetland in this front area and we are going to be real close to getting it down to the third of an acre. So, its, some of the site plan issues may help alleviate some more of the impact on the wetland but right now we are at .53. Councilman Martin-What is your status with the Corp. have they accepted your delineation? Mr. Palumbo-It is in for delineation, they have not accepted it at this point. We are submitted under, your more likely aware of the impending possibilities of the revisions we are in, we are grand fathered under the existing regulations. Attorney Lapper-Now would be a good time to talk about off site mitigation. Mr. Palumbo-Yes, with the wetland we had worked with the Town Recreation Department or Commission Attorney Lapper-I think you were talking with the Planning Department who started discussions with the Recreation Department. Mr. Palumbo-The Recreation Committee has a plan envisioned for doing off site wetland mitigation which is in the same drainage system and that is something that we are going to work with the Town and the Corp of Engineers. So, our initial plan is to, instead of mitigating on site we are proposing an off site mitigation. Councilman Martin-Do you have location for that yet envisioned? Mr. Palumbo-Yes. It is at Hiland Park. That traffic report was submitted and reviewed by Adirondack Regional, Glens Falls Transportation Commission and also the Town had Vollmer Assoc. review it as an independent consultant. We believe that we have met all of the comments that they have raised. The mitigation that we are proposing is a left hand turn lane off from Quaker into the site here and also a left hand turn lane into the site up at Bay. The County, we have worked with County and what we are likely to do is to extend the lanes, they are currently wide enough from the re-striping. The County had purposely planned when they last did work to have the curbing back far enough so they have asked us to do is to do the revisions for the shoulder areas but there would be no widening that would be necessary at that point. It would really be a re-striping plan because it is all self contained within the area that the County had planned for. Councilman Martin-You have not filed you highway work permit yet? Mr. Palumbo-No. What we have done so far is really get it to the level where we cannot go forward before the Zoning is decided. So there has been a lot of great comments on the site plan that everyone has, the Planning Board brought some up you know, so the Town Board you are going to have some more comments on this. We can begin to incorporate those but we really cannot advance with some of these site plan issues. Councilman Martin-Now, in terms of the traffic are those both full movement access points? Attorney Lapper- Why don't you talk about traffic... Mr. Palumbo-Yes. That was one of the things that we had planned because, with the existing counts that we had done and really could use the Hannaford as model of the direction people were coming for their grocery shopping. So, we reviewed this with the County and talked about the distributions. We had the Lowes traffic study as a model to use before we went into this. Also the Vollmer Study that was done for the entire Quaker Road corridor provided us with a model that we then incorporated our data so that we could continue the computer model right thorough there. What we found and the reason that we want to position the site in this fashion, is that by distributing the traffic that is coming from this direction off from Quaker getting in here. The people coming from the west will have the opportunity to either go by and in this way or make the movement in this direction. Exiting traffic you then can actually have two exit points and really distribute that traffic better. Councilman Brewer-What is the distance between your entrance on Quaker and the light? Mr. Palumbo-It is about 800'. Councilman Martin-As a general rule the snotty turns on these things really is a left hand turn into the site and those are always a pain in the neck. So, your intending on extending the Cue is that the idea? Mr. Palumbo-We are providing a left hand turn lane here. The roadway is currently wide enough we can do it with simple re-striping there is no widening that is necessary here and so the left hand turn movements can be accommodated for in a turn lane we can provide the cueing necessary in that turn lane. Councilman Martin-And no signal? Mr. Palumbo-And no signal. Similarly the same thing with the left hand turn here, I think we have a hundred and twenty foot length enough for six cars roughly. Councilman Martin-Well, like you say a lot of that is going to go for the right hand turn into the site at Quaker Road rather than make that all those turns to get into the site. Mr. Palumbo-And that is, by having two full access point we think we are providing the distribution potential that the shoppers will have a greater alternative to how they approach the site and really how they become accustom to the site. Councilman Brewer-It is exactly the same as Hannaford only mirrored. Mr. Palumbo-Yes, exactly. Councilman Martin-As I read your traffic report here, the greatest amount of trips entering the site appears to be in the Saturday Morning peak, entering so and you got a combined entering and exiting during the peak hour in excess, it is nearly six hundred cars, right? Mr. Palumbo-yes. Councilman Martin-Could you go through for me a little bit with the distribution of those and where they are coming from and you know, have you any sense for that? Mr. Palumbo-I do not have the exact sense of that. Councilman Martin-I mean it is here but I am saying this, I read it, I am asking this for the benefit of everybody here. Mr. Palumbo-If! recall correctly we were basically from the West we were about sixty percent from the East it was about thirty five and I think just about five percent on it, but don't quote me on that Jim, it has been awhile since I ... Councilman Martin-For example the right hand turn into the site coming from the South is fifty three cars. Mr. Palumbo-From the South here into there, yes. Councilman Martin-That is about right. Mr. Palumbo-Any other questions before I go on? Councilman Martin-No, go ahead. Mr. Palumbo-Referring to this berm and also one of the big things that came up was the view shed analysis. How this building was going to look on the site. What we did and I will try to go through these. Councilman Martin-This is the climax here. Mr. Palumbo-What we did was we went out to the site we took actual photographs and then we did a. . . simulation of the building. The presentation although you cannot, we cannot re-create exactly what your eyes can see we are doing the best that we have with the technology and I think it is pretty good. The ability that we have is that this building is set at three hundred and seventeen point five elevation. This is modeled into the site. The building position we took these shots from known locations in this case we were standing right in the driveway here of the Adirondack Bagel taking a shot straight in, in this fashion. What we came up with and I will do these side by side and we can go back to anything. What I was talking about, about the wetland, the trees within the wetland, those trees there, stay, those are these trees right here. We are loosing some trees right in this area, that is where the detention area is. We looked at that even a little bit closer I think when we get to the site plan we are going to be able probably save this clump right over here. Councilman Martin-Having been here before, when you go to install your drainage system in the installation of that system is there going to be any more clearing required. I know it happened at Walmart, they had a five foot pipe to bury nine feet into the ground and it looked great, it looked like all the trees were going to be right there. But by the time they got done clearing all the trees necessary to dig the trench for that thing they took down trees they were not supposed to. So, I understand that, I amjust, I am asking for the benefit of the people in the audience. Mr. Palumbo-Our discharge point right here would be in an area that we had to landscape anyway to create the berm. So, we are not going, we do not have to get our discharge pipe anywhere down close to the actual site discharge because we are utilizing the wetland as sort of a secondary, you know, it is going into that natural area. So, where this pipe is located that area reflected in this photo you will not see it because it is behind these trees. Councilman Martin-So, what you are saying is you are confident that you can install that drainage system and keep what you are portraying there this evening. Mr. Palumbo-Yes. So, this building set back where it is that is, as good as the computer can model it, that is the location of the building that is the representative height of the building. Councilman Martin-Which is. Mr. Palumbo-We are at forty feet which is the maximum for the Town. And that is directly that point right above the entrance. Councilman Martin-That is the parapet wall? Mr. Palumbo-yes. Well, actually the parapet wall here that is the main, the current architecture is for the main entrance feature and that is the highest point here this forty feet. The parapet wall I have got I think we are at thirty two feet at that point and then it gradually goes down to the back. So, if you were to be out at the site after development that representationally how that building would look in the field of view. You would certainly have a lot more clarity of the definition that is going on in that, a computer cannot currently represent that. But, that is, that is the mass of the building. Councilman Brewer-That is their exit did you do one with your entrance, similar photo? Mr. Palumbo-From? Councilman Brewer-From Quaker. Mr. Palumbo-From here? Councilman Brewer-Yes. Mr. Palumbo-No, we did not. Attorney Lapper- The reason is because that is all trees that we are going to leave there. Councilman Brewer-I guess the thing I do not understand you portray it there as though you are not going to see it and what business would want to be on that corridor without being seen. Mr. Palumbo-That is the main visibility you are looking at right there, you really cannot see it from the Quaker Road entrance but you can see it from the Bay Road entrance. Attorney Lapper-We are in that kind of... .yes we would like to be seen as much as possible but we also realize that there are concerns about visible. . . Councilman Martin-How are is the building the front wall of the building to the edge of Quaker Road, the edge of pavement. Attorney Lapper-It is quite a distance. Councilman Martin-By the time you get done with the Adiriondack Bagel lot. Mr. Palumbo-From here back the Adirondack Bagel lot, right here, that is one hundred and fifty three feet right there, you are talking three hundred, four hundred fifty, now five hundred feet back. Attorney Lapper-From the standpoint of the tenant this is not an ideal site for visibility because frankly there is not that much in Queensbury that is left for commercial development. It is getting a little sparce. So, you got. . . Councilman Brewer-What about the other side of Quaker Road? It is wide open. Attorney Lapper- The Earltown piece but that has other constraints... Councilman Brewer-No, isn't between Midas and Lowes? Councilman Turner - A little four acre site... Councilman Martin-Ted you want to hop up and turn this fan off for us? Councilman Turner-Sure, let me get on your shoulders. Mr. Palumbo-The numbers that I have been giving you are pretty good, it is about five hundred feet back from the road there. So, that is how we looked at the front of the store. Councilman Brewer-Lets take it one step further? Mr. Palumbo-Go ahead. Councilman Brewer-With a picture like that from Bay Road. Mr. Palumbo-Yes. This is the site from Bay Road and I will show you where this is being taken. The garden which we decided that we could leave in, when we get into the work here. This garden is right there, ok, that is that garden, there is a back part of the barn right there, this is right here, ok? So, again representationally that is the mass of the building in the location that it would be, this is where all these trees that are shown here are trees that are shown in the places that we show them on the current site plan. Councilman Martin-What year of maturity would you expect those to be in that representation? Mr. Palumbo-These are five, ten years I would have to double check with the computer artist who put it together. This is the area that we talked about where we likely when we got into site plan could do some berming in here so that this parking area really be screened from view. Councilman Brewer-It looks pretty good if that is what it is going to look like. That is the question, if. Mr. Palumbo-We have been pretty successful with the, in terms of representationally getting them in the field view. We have been very happy with them because it has given us an opportunity to really see what these look like. We have done them on a couple of different sites the, we worked on the Home Depot down in North Greenbush for Nigro Companies and used this same process of actually standing out from a known location, taking that shot so we know eye level, we have a spot grade right at that from the surveyor so we can put it into the field of view as accurately as it can possibly be done. Councilman Martin-That is pretty accurate that is generated out of a wire frame out of the cad system and they color it in like that and they build the building with it. That's very accurate. Mr. Palumbo-I can show you Homer as well, how it looks from Homer. That was one of the big concerns and rightfully so. Councilman Brewer-You also have to keep in mind the distance that you are looking at these pictures from too, are we looking at them from like the sidewalk but that on there are we across the street or in the middle of the street? Mr. Palumbo-The previous one? Councilman Brewer-No This one on Homer. Mr. Palumbo-I will be able to show you. We are standing across the street so as the camera took the picture it really began about half way across the street. These two garages here are right here, almost at the back corner of our proposed building. This house right here where my finger is, that is this house right here, so we are taking that shot, we went over near this telephone pole and took the shot in, in this direction. Our goal was to try to represent what the berm was going to do to block the screening for the remaining residences across the street. What this is representing and this is actually an update from when we met with the Planning Board. This is the berm, this is the actual elevation at the top of the berm along there, this darker brown that you see in the top line as I am going along here is the wood fence top. What we had done at the previous time is out of a timing issue and the computer, they used this chain link fence so you could actually see what the topo did and that is where the top of the fence was. But, this is just the same fence that we had used at that time but it is solid wood fence which is what we had planned all along. Councilman Martin-How high is that fence, six feet? Mr. Palumbo-Six feet. Ok. So, from out in the road it is a total of twelve feet roughly with the six foot high berm and we put the fence right at the top of the berm for that purpose of getting the maximum height out of it. What you can see in the lighter brown here is the actual top of the building. That is how much of a building you would see. The landscaping that we are showing here I think we kept this are less than a five year growth what we talked about was that, certainly during site plan if it is conditional type aspect this was discussed that the trees we are planting along the berm where we might normally plant a six foot pine if we need to go to an eight or an eight to ten to try to get some more immediate impact here, the developer is more than willing to work with the Town and the Planning Board on that. Councilman Stec-How far back from the road is the fence or the top of the berm? Mr. Palumbo-From the northern edge of the road that fence is forty feet. The total width of the berm there is fifty feet. That fence is pretty much right dead smack center. We have got, we came from the edge of the property line up as fast as we could using a three on one slope getting a small flat area at the top and then back down. The elevation of the building is relatively within a halffoot in most places with Homer. It gets lower down here but up in this area we are really very close to the existing grade of Homer. That berm is getting maximum impact. Councilman Martin-What is the elevation at the top edge of that fence? Mr. Palumbo-We have got three twenty one. Councilman Martin-So we have got six feet on top of that? Mr. Palumbo-Right. It is actually probably the fence would probably be right about three twenty two that last contour that I have got there is the three twenty one and then we are mounding it right over the top. Councilman Brewer-The building is at three seventeen five? Councilman Martin-The floor of it. Mr. Palumbo-The floor of it. The road. Councilman Martin-So you got a building you said what, the parapet wall is thirty? Mr. Palumbo-In the back here it is much lower it steps down as it goes. I have got the I know we have got the heights all the way along I think we are twenty two and a half feet at this point where the loading dock is and twenty six feet at the back wall. As you come forward at various points about a third of the way through the building that wall incrementally the parapet wall incrementally rises to where it is at the elevation of the front. Councilman Martin-Are you going to have roof mounted air conditioning systems and all that heating and ventilation? Mr. Palumbo-Which we can certainly take that into full consideration, there is, we have been asked we have been in discussions in terms of what we can do with the architecture of this building. Certainly, as that process continues and we come up with something that we think is amenable to the town we will ensure that as we are doing that facade work and the parapit wall that we are not opening it up at a certain point and there is an air conditioning unit behind it. We had one other from Homer, this house and this fence right there, the fence is right here. The house is here the fence that you are seeing is right there, right by where our loading dock would go. You can see these spruces right along the existing back of those lots. Those are represented right there and those would be lost. They are pretty much right into the building there. Again, it is very blocky but that is what that fence would do from that location. You are looking back up there and yes a lot of that view has opened up to the sky there but those spruces are gone. But we feel very confident that the screening of that rear area especially given some of the concerns of the loading docks there that we can do an awful lot to mitigate that. Councilman Martin-This is a suggestion, it strikes me and it is up to the Planning Board I am not going to, it is their bale wick, if you had a little bit more natural or free flowing planting pattern there instead of. I know what you are trying to represent there and I appreciate the point at which you are in the view process, but just as a suggestion for future a more natural. Mr. Palombo-You mean like deciduous? Councilman Martin-Well, not this uniform pattern placement that looks like the invasion of the wooden tree soldiers or something. Mr. Palumbo-Inbetween the computer graphics and the plan you see in the plan here much greater mix. This is something I will try and do. Councilman Martin-No, I just say as a point of suggestion, I appreciate what you are trying to show there. Unknown-Engineers have to make. . . Mr. Palumbo-That is right, watch it I am a landscape architect, cut it out. Any other questions on what I have talked about so far? Councilman Stec-What kind of truck volume behind the building, what kind offrequency, how many trucks a day, what kind of hours? Mr. Palumbo-What did we say the average? Vice President Steve Powers-I think there is at least four deliveries a day. Mr. Palumbo-I think that was what it was about a average offour deliveries a day. Councilman Stec-All hours of the day or generally not in the middle of the night? Mr. Palumbo-I think we went on the record of the Planning Board that limitations for night time deliveries would, Grand Union would certainly willing to accept that. Councilman Stec-So we are not talking about twenty trucks a day, four or five on an average day. Councilman Martin-They do not leave them parked there all night do they with the refrigerator diesel motor nuunng. Mr. Palumbo-No. Attorney Lapper-..conditions of the Planning Board. That covers our presentation we will available for any questions now or. . . Deputy Supervisor Turner-Have you got any more Jim? Councilman Martin-No. I am pretty much set for now, I am sure we will have more. Councilman Brewer-I just as soon wait, do not have any questions, any more. Deputy Supervisor Turner-You guys want to step aside a minute we will get the public involved. Mr. Palumbo-Everything is here so if you want it. Deputy Supervisor Turner-I am sure that we will be calling on you. I will open it now up to the public, on the public hearing and those who want to be heard in favor of the application come forward now. Give us your name for the record and where you live. Mrs. Brower-Mrs. Brower, live at 322 Bay Road I am the owner of the property in question and I have lived there for fifty three years probably longer than some of you are were born. Councilman Martin-That is true. Unknown-Ted you are not in the group. Councilman Turner-You did not hear me respond to that one. Councilman Martin-Don't you love when people say stuff like that. Councilman Turner-Oh, yea. Everybody gets their turn and barrel so I am taking mine. Councilman Martin-We are all getting older though. Mrs. Brower-When my husband and I first went there it was all farm land and Bay Road was just a little two and I you probably all know that. Then eventually over the years we just saw it start growing, but I am going to let my son. Mr. Jay Brower-She is going to throw it to me. I am Jay Brower, just to go on I do not know if anybody can hear me or not? A few added things, like back in the early sixty's Quaker Road was put in that increased traffic through that corridor of Queensbury. They put water lines in, they put sewer lines in to probably to promote business corridor in that section of town. Since then we have had CR Bard move in, Dempsey block and steel was on Bay they moved to Duke bought them out now Duke is down the street. Doyles was probably one of the first business on Quaker Road on the corner of Bay and Quaker, that bought Bibbies Farm. Then Lyndes Nursery was where Kings Fuel is now and Texaco first bought that for a gas station, memories? So, then the Queensbury Town Board changed it from like a residential area to Highway Commercial then Homer then turned to a light industrial area, maybe with the intentions of business like Duke which is down the street maybe to buy and increase their business. There is other businesses I do not need to mention them all but obviously my mother would like to move from this area because it is not a residential area anymore. She is the only house that has a residence in it between Quaker and Nova Care there is other houses in there that are residences or people living in them. There are businesses all the way around it. It would help me out I wouldn't have to go up there and mow her lawns and take care of her and paint and stuff like this. I am looking at it that way, she would also just like to move out and get to either a retirement home or another home where there are more people around her, she can converse with and feel comfortable with. Mrs. Brower-I hope if the Homer Avenue gets zoned I am sure they are going to be staying in the same area too. Mr. Brower-They will probably stay in the Queensbury area. It would help them out, unfortunately the people on the South side of Homer they will not be able to buy their houses but with the berms and stuff, I think Nirgo is trying to do a very good job of protecting them from noise and unsightly congestion. Mrs. Brower-Actually it is better than where I am now. Mr. Brower-Yes, it is better than where she is right now for that. Thank you for your time. I appreciate it. Deputy Supervisor Turner-Anyone else in favor, wish to speak now? Those that are opposed raise your hands now? Ms. Donna Smythe-Goodevening, I am Donna Smythe and I am on the North side of Homer We had sent a letter to the Town Board and I just want to make sure that you did receive it. Deputy Supervisor Turner-Yes. Ms. Smythe-That was signed by all six of us on the North side. Thank you. Deputy Supervisor Turner-It will be read into the record. Now those that are opposed? Mr. Grey I am going to let you go watch that dog show. Mr. Judd Grey-My name is Judd Grey I am a retired lawyer living at 16 Fort Amherst Road in Ward 2 Mr. Turner's Ward. I have lived there sixteen months, I am an invader from Corinth. I lived in Corinth for seventy five years. I am very familiar with the area, I practiced law here in Glens Falls back in forty seven to nineteen fifty, practiced law in Warren and Saratoga County for another fifty years. I am concerned, first I did not realize we had the second coming in Queensbury until I heard the presentation and with the charts. My concern is over traffic. For me to get out into Bay Road now, on certain times of the day from Fort Amherst it is almost impossible I have to turn right to go Webster, go over to Glen, come up Glen and then turn across another brook to get out onto Quaker. I do not understand why no one thinks anybody is going to come and down Bay Street to get into this development. When they say fifty three cars are going to come out of there I think there is a lot more people to the south of this that are going to come up Bay Street then there is now. To make a left hand turn off Quaker onto Bay now the traffic lights are set for about ten seconds, you can get about seven cars out of there. How are you going to get a car to make a left hand turn with no traffic light into this development is a mystery to me. I do not know how your traffic surveys could show that you could do that. I do not, basically, I think you know, the Board has a right to look at this in a more broader lens then just the Planning Board. We do not need another big box. We do not need another grocery store, especially a Grand Union after what they did the last time they were in town. We now have two Hannafords, Price Chopper, Aldi's, on that corner now CVS has closed up their pharmacy in Aviation Mall to put all their customers down at 164 Quaker which is on that corner. I came by it this evening there is not any way you can even park in at CVS it is filled up. There is not, that was never built or planned for the amount of customers they are going to have in there now. Walmart also sells dry groceries as Mr. Turner knows. What we need is light industry you might be better off to rezone this from commercial to light industry and get a company that pays a good living wage. If Jerry Quintel can do that in Warrensburg, then I am sure this town board can do the same. I do not know where they are going to find people to work in this store in these low paying jobs when both Hannaford and Price Chopper have been recruiting for help for the last six months and cannot get enough help that they need now. This land none of you are young enough to remember Will Rogers, but I do. When he was questioned about land he made a famous quote which I remember as a child. They an't making it anymore. Thanks. Ms. Joyce Thompson-We are coming as a twosome. Ok. My name is Joyce Thompson and I have lived with my husband David at 12 Garrison Road in Queensbury for over thirty years. My major concern about the mega mart proposal is the potential for increased traffic congestion, on the local streets in the area. Such as Garrison, and the questionable planning of this project. I know the Town Board's action tonight in rezoning a portion of Homer Avenue is only a part of this proposal and that the Planning Board must review other aspects of this site plan if it goes forward. That however is a big part of my problem with this proposal. I believe this proposal presents enough possible impacts of traffic, visual and community character that it should require the preparation of a Seqra, an environmental impact statement before any government agency such as this board approves or reviews any part of it. To do so, as you know, or as your Attorneys have told you is impermissible segmentation. Segmentation is the artificial division of single project into various different approvals for SEQRA purposes so that the full impacts of the project are never comprehensively considered or reckon with. I think for the Town Board to consider the rezoning aspect of this project tonight before an environmental impact statement or even a negative declaration is done is pure segmentation and violates SEQRA. I would note that environmental impact statement was done for another recent big box development by Mr. Lapper client for the Lowes store across Bay Road. Why is no environmental impact statement being proposed for this mega mart big box proposal? I realize that site does not have quite the wetlands or streams issues which the Lowes site did. But, it does have other potential adverse impacts which are indeed equally relevant to SEQRA , such as traffic, visual impact on adjacent residential neighborhoods and community character and the seemingly poor layout of the development on this site where the new store lacks frontage on the Quaker and Bay Roads. This means that it is land locked, behind existing development on those long, on those main access roads and the store must be reached by a long and awkward driveway. This is the long driveway on Quaker and you are going to have a long driveway off from Bay. They will probably present a cluttered and chaotic appearance from behind those existing businesses. As I stated my main concern is the effect of increased traffic from this project on area residential streets, such as Garrison Road, Glenwood, Fort Amherst, and Webster the major east, west streets between Bay and Glen. I have watched traffic grow steadily on our street because of growing personnel and commercial traffic using our residential streets as high speed cut through to avoid congestion on the arterial highways such as Glen, Quaker and Bay. It is obvious to most in our neighborhood that the growth of business on the Quaker Road and Glen Street corridor has also produced a lot more traffic relating to people getting to these destinations rather than using our residential streets for local traffic. I requested and read the traffic study done by the mega mart projects engineers and was surprised to find the study contained no discussion or projection of increased traffic on our streets. I mean, it never even mentioned, Garrison Road or Ft. Amherst. The study focused solely on the Quaker Bay intersection and a few other intersections and driveways along Quaker Road. Although it is obvious that a lot of the mega mart traffic will use local streets rather than Quaker or Bay to get to this new store, there was no assessment of that impact or whether it was significant or could be avoided. I thought it interesting that according to the mega mart study the Quaker Bay intersection operates at a relatively low D grade level of service. While the Hanneford entrance off Bay operates at an A level of service. It is apparent to me that the mega mart engineers know it is going to be easier to get to their proposed store off from Bay that is why they want the access and the way the store front changed from Quaker Road to Bay. That is almost like admitting they are encouraging the traffic to use Bay Road and the local residential streets off from Bay as the project main access points. This Board should not let this happen. If this project is to proceed we need comprehensive review as SEQRA requires not segmented reviews. We need a full environmental impact statement on this project to determine what the impacts are going to be and whether they can be mitigated. We need a better traffic study that discloses what will happen on the local residential streets. That the project sponsors to understand what is going to be used as access to the project. Maybe we need the developers to do a better site plan or perhaps just acknowledge the limitations of this back lot site and try to come up with a development of some thing other than a sixty five thousand foot square supermarket. Which on this site is a bit like trying to ten pounds of sugar in a five pound sack. Maybe the developers should try again to site the development of this lot fronting Quaker where it should be rather than Bay where the impact on residential streets is going to be a lot more serious. Lastly if the Town is going to encourage further commercial development along the Quaker Road corridor maybe in the County ought to get together and figure out ways to make traffic flow better out there such as the coordinated traffic signals everyone has been talking about for it seem decades. And raise the level of service there from a D grade to something better. So, that people don't want or have to drive on residential streets to avoid the arterial roads that ought to be handling the community's heavy traffic. I mean that is what is happening everyone is cutting across Garrison and Ft. Amherst and Webster to avoid the traffic on Glen, Quaker and Bay. If the Town does not do its job in improving the traffic flow on the main roads where it belongs it is understandable that developers such as mega mart, will want to get their customers to the store anyway that is most convenient even if it is our street. That may be understandable but the Town should not let this happen. If this project is going to proceed further it needs a full environmental impact statement which disclosed the traffic impacts to local streets and alternates to sighting the proposed fronting on Bay Road as proposed. Thank you. I just feel like there is an awful lot of people here tonight that probably won't get up and talk like I did and I thought maybe before we all leave you should just have a raise of hands or something to show that the number of people that are here, that I think are basically concerned about this project. So many people that I have talked to in our neighborhood, you tell them about the zoning of Homer Avenue and you explain it to them and you know, they understand it and then they all end with the same statement,. They all say why do we need another big supermarket in this town? Where are the customers coming from and that really concerns me and I you know I am concerned about the beauty of Queensbury I just do not know if a hugh big box store is going to add anything to the esthetics or the look of the area. I am really concerned and I really feel strongly that I would like you to consider something else for that property. Thank you. Ms. Beverly Kerr-I am Beverly Kerr, I live at 47 Garrison Road. I believe that in the record there should be a petition with thirty seven signatures is that correct? It would have come from the Town Planning Board. It was submitted I believe in October. Executive Director Chris Round-I have it. Yes. Ms. Kerr-To continue with Joyce's theme, I have sixteen letters and I would like to just read a sample of those letters. We will copy them and then have them sent into the record. To the Queensbury Town Board As Queensbury's property owners and residents of Fort Amherst we wish to state our opposition to rezoning the parcel ofland on Homer Avenue in order to make way for another supermarket. We have multiple concerns with this project including the aesthetics of another box supermarket the increased traffic not only on Bay and Quaker Roads but also on Ft. Amherst, Garrison and Webster as ancillary routes to Bay Road. The impact upon, and the devaluation of residential parcels in the area and the environmental effect on the wetlands surrounding it are also major concerns. Queensbury has become a hodge-podge of ugly development that has changed forever the beauty and appeal of the town. We strongly question the need of another large supermarket in our area. The sprawling growth and lack of regard for a long term master plan that would protect our environment and preserve the aesthetic charm of the town demonstrates an unfortunate disregard for the wishes of its residents. That is signed Kay and Jim Morrissey and they live on Ft. Amherst. From 1 Garrison Road, Ethel Wynn Dear Members: Grand Union should not be allowed to displace residents, or to bring noise and traffic to any area of long-standing homes. There is always something available for them to use on busy Quaker Road, already zoned for their type of use (Look at how long the Mexican Restaurant building on Quaker was without a buyer?) There is no hardship case with Grand Union. Remember when Grand Union left Route #9 (where Toys R Us is located now)? They didn't care that they left an empty "eyesore". Businesses are ruthless when they don't make it financially, they're out -of-here and what they leave behind they don't care a bit about. Please help to preserve our neighborhoods and let businesses go to areas already zoned for them. Signed Ethel Wynn And from Tom Meath He is a resident of North Road The proposed location of a supermarket on the north side of Homer Avenue has confounded me since first proposed. What possible reasons could there be for a developer to select this site on the edge of a residential neighborhood and to request rezoning, and what possible reasons could there be for anyone to think this would be desirable and to approve it. As for the developer's rationale, it must revolve around economics. There are many locations on Quaker Road which would be more suitable for a supermarket, but the prices are probably high, large volumes of fill would be required, and perhaps tenant occupied buildings would need to be removed. Why does the developer prefer the proposed site? Undoubtedly because it is less costly even though it may be marginally less desirable. As for the rationale of the area residents, it revolves around "quality of life". There are many obvious reasons why the location of a supermarket on the proposed site would be detrimental to the well-being of area residents. To name only a few - more traffic congestion in the immediate area, nightime visual pollution from lights, noise pollution from traffic, delivery and garbage trucks, air pollution from more traffic and congestion and the ultimate requirement of more traffic lights on Bay Street, if only to permit traffic to exit and enter Garrison Road, Fort Amherst Road, and Webster Avenue. A traffic light at the supermarket entrance on Bay Street will be required, and traffic on Bay Street which now moves quite smoothly will be reduced to a crawl. All of the above reduces to a final question - "Why should area residents subsidize this location for another supermarket?" I will not read all the letters but all the letters are the same in character and content. And all in opposition there is not one letter here that proposes that this would be a good project. Thank you. Mr. Brian Redman-My name is Brian Redman I sit directly on the south side of Homer Avenue to the best of my knowledge I have the largest piece of property on the south side of Homer Avenue. I have had my house on the market for a year now and one of the selling points is that if it goes commercial across the street it is going to hurt me financially. I have been listed through Realty USA and they feel that if there is a commercial project across the street the residential section will be down graded financially. I am being boxed in, my house sits up higher than road level as those pictures were taken. I do believe I will have a good view directly across over the berm. When I came to the first meeting it was mentioned of a neighborhood impact study of which I have heard nothing since. At a previous meeting it was stated that there are no children on Homer Avenue. If anyone would like to look at my W2 forms I do have two children and two houses down from me there is also two children on Homer Avenue. Originally this road had a two ton limit on it when I purchased it in 1983. The traffic has picked up probably eighty percent over the years to the point where my children cannot even ride a bicycle on the side of Homer Avenue anymore with the amount of traffic. As it was stated before by the Planners that is it giving the people across the street a chance to move out into a nice residential neighborhood. What does that say for the five families across the street that are going to be isolated and boxed in by an ugly box store. Thank you. Deputy Supervisor Turner-Next? Mr. Jason Bresco -My name is Jason Bresco I am actually new to the community, I live on off from Bay Road about a mile from where the proposed site is. Actually my first time at one of these meetings I am kind of nervous, so forgive me. A few main reasons I am against them putting a store in and one of them is I think this area used to be called Home Town U.S.A. and I think it was called that because there is a sense of community and as Mrs. Brower said earlier over the last forty years that has gradually disappeared. I think they call that urban sprawl that takes it away. Fueled by big business coming in and buying people out and moving them out. Maybe the best thing we could do for Mrs. Brower is instead of letting them buy her out give her, her community back and maybe changing the zoning to residential. Forgive me I get nervous. That was just one thing I was thinking of. Another major factor is the traffic congestion. Right now when I drive to work in Glens Falls sometimes I sit at the light at the corner of Bay and Quaker for three minutes waiting for the light to change I can only imagine with another large box in there that, that situation could get worse. The traffic on Quaker Road in general is to me very challenging. Having seven lights between my house and the highway when I only live about two miles from the highway it seems like a lot of lights and I really don't see now having this store in there can be done without having new lights put in. It will certainly increase traffic flow it is already hard to get out of Hanneford on the Bay Road having another intersection right there can only make that situation worse. The second thing I was thinking of is the light pollution. This may not be significant to a lot of people but I do a lot hiking around here at night and one of the places I hike to is the top of Prospect Mountain. When you are up there at night the only thing you can see is Lowes lights shining into the night time sky. I can imagine at one point you can see the milky way from up there, but the bigger Queensbury gets the fewer stars you can see. I think that sense of beauty is what brings people to this area. It is what brought me here. The final thing I would like to mention is just the sense of competition. Already we have a Price Chopper which is packed they do a very good business have the best seafood, best produce. We have Hanneford's who have the lowest prices and everything else we have Aldi's we have a Super K with a large grocery store in it and we have Grand Union in So. Glens Falls we have a Wal-Mart that carries grocery products and the last time I checked this area is not an area of significant growth that would warrant having one more large grocery store. I do not understand where the customer base would come from. It seems as though, if you put in a store that is that large somebody else will have to suffer and eventually one of these boxes would have to turn into an empty box and I think we all know that the only thing that is uglier than a new box is an empty old box. That is just my final, I guess that is my final reason. So, just being the new person in the area hearing what it used to be forty years ago, Home Town U.S.A. I do not think the way to build a community here that is conducive to people is by letting big business come in and take it over. If you look at studies done Nationally the best places to live Burlington, Vermont, Boulder, Colorado, and Portland, Oregon are all in the top ten. The reason for that is because of zoning decisions. It is because they decided to put a limit to it and stuck to it and right now it costs a lot to live there. They have excellent jobs they have smart people and they are great place to be for families. I hope you guys make the right decision here. Deputy Supervisor Turner-Anyone else? Ms. Beverly Paradise-Hi, my name is Beverly Paradise I live at 18 Homer Avenue I sent a letter in is that on the record? It was supposed to be. Executive Director Round-I would like to comment on that there were records, there were a significant number of letters received as part of the Planning Board process directed to the Planning Board they were read as part of that public hearing process. We made copies of the minutes available to the Town Board Members and when you ask the Clerk, all she has seen is something that was directed directly to the Clerk after that Planning Board process was concluded. So, we do, if you sent it in we have it and I can check my file to confirm that. Ms. Beverly Paradise-But, it is in. Executive Director Round-Yes. Ms. Beverly Paradise-Also, I got two appraisals on my house before Grand Union and after and if Grand Union comes in I stand to lose twenty five thousand dollars. Who is going to make that up to me? I do not know who said that there are no kids on Homer Avenue but there is a baby sitting service on Homer Avenue where the kids walk up and down the street all the time. As for the brook they showed there what they are going to do on Bay and Quaker but then my house is on the other side of that brook and what am I going to look into? And he said that those tunnels take care of the water now, they do not. Because the Town has had to come in with a light pole and ream those tunnels out because muskrats and the beavers keep changing the path of the stream. If they do build there with my hatch way being by the driveway because many times we cannot get out my back door. My house is going to be flooded all the time. With chloroform in it I do not think that is very good. The way he explained that the loading dock will be facing my two bedrooms. He said there would be no night time deliveries, my son drives all night and he delivers all night and he unloads during the night. They do not leave those tractor trailers there all day, because Millbrook used to be right behind our house and they kept up awake all night long. When those trucks come in they have got to be unloaded so they can get back. I guess that is it. I do not know if anybody want these copies of the appraisal but, I lose twenty five thousand dollars and I am sure Grand Union will not make it up to me. According to these people that you won't even be able to sell you house as a residence, if they are in there, no body will want it. I guess that is it. Thank you Deputy Supervisor Turner-Anyone else? Ms. Betty Potter-My name is Betty Potter and my brothers and I own a home on Homer Avenue in fact it was built four years ago. It will be directly across from this berm picture on the bottom. The gentlemen from Nigro say that this is going to be a six foot berm with a fence on top of it. We all know water rolls down hill. That water is going to go right down that berm across that road and right into my front yard. The gentlemen also said that they are doing us a favor by putting this store there because light industrial could move in there. Now, according to the Zoning laws that are already in place there is a fifty foot set back from the front, a twenty five foot setback from the rear and you have to have a fifty foot berm between zones. All that property is one hundred and forty three feet deep. No body is going to buy it and build a light industrial anything in there. They say there is no children, there is a Day Care Center like Mrs. Paradise said down the road. I myself have a five year old grand daughter that comes there. When they say the traffic has to go out onto Quaker Road you are going to go out onto Quaker Road you are not going to fight that traffic you are going to make a right hand turn you are going to go down to Everts make another right hand turn go right down to Homer Avenue make a right hand turn and go out onto Bay. So, you are going to increase the traffic on Homer Avenue three fold, four fold to get it out there. The gentlemen also said at the Town Board meeting that they did not want to bring fill in. They did not think that they had too. The reason that they are building the store back that far is that all the property in front has a high water table is a foot and a halffoot deep. The only way if they did not acquire that property they would have to bring in fill to do that. The brook that they just casually mentioned happens to be a Class B trout stream. It is subsidiary of Halfway brook. According to the community development year 2000 work plan it states in here that the 1988 plan identified key vistas and view sheds the comprehensive preservation plan is required to protect key open space areas. Select habitats and potential linear green ways. The 1998 plan identified Halfway Brook and Karner Blue Habitat the Hudson River, Rush Pond the Big Cedar Swamp and the City of Glens Falls Water Shed lands as areas requiring special protection. I also have here a letter from Warren County Soil and Water Conservation District signed by John Thomas Peck Sr. District Technician. If you do not mind I will read it. It says, Dear Betty, Please find enclosed a soils map and information concerning the site of a proposed Grand Union Store. I have highlighted the soils information that applies to the concern you stated on the phone regarding the high water table at the site. I understand that your concerned is based on the following: The fact that the small pond behind your home is fed primarily by the high water table exhibited in the soil next to the Crandall Park Tributary of Halfway Brook which flows by your home under the power line. We discovered this when I visited your site to assist you with algae problems in your pond. The pond on the back part of my fathers house doesn't have an intake, doesn't have output and it is constantly full. The fact that your home needed to have an above ground cellar due to the high water table in the soil maps as oakville loamy fine sand. First according to the soils map approximately half of the proposed site is mapped as oakville loamy fine sand which the soil survey says has a seasonal high water table of a depth of more than six feet. However, it also shows that wareham is mapped in the northeast corner of the proposed site and follows the Crandall Park Tributaries south toward you home along most of the eastern boundary of the proposed site. According to the soil survey wareham loamy sand has a seasonal high water table that is between the surface and the depth of one and a half feet most of the year. It also states that .. .loamy fine sand which is mapped in the majority of the northern portion of the proposed site can have inclusions of wareham soils along drainage ways, such as the Crandall Park Tributary of Halfway Brook. This tells me that there is a high probability that the proposed site indeed does have inclusions of wareham soil which have has a high water table that could potentionally be problematic. It could make construction and maintenance of a store and parking lot very difficult. Also the possibility of non point source water pollution of the Crandall Park Tributary from storm water running off the roof and parking lot would need to be addressed. Second. The soil survey also warns that oakville and wareham can present a hazard from contamination of the ground water if these soils are used for septic tank absorption fields. The hazard is because of the soils poor filtering of the effluent. The soils map and soils survey are planning level information, therefore because of the possibility of problems I would recommend that Grand Union hire a soil scientist to do an extensive and detailed study of the proposed site. The study needs to determine exactly what soil exists on this site, especially adjacent to the Crandall Park Tributary and what the high water table actually is at this site. I would also recommend that the result of the study be taken into account by the engineer who would design and supervise installation of the storm water management treatment facility for Grand Union. The gentlemen from Nigro can come before you and tell you what a great thing this is, but they are not going to have their property ruined by doing this. They do not care once they build this and leave it they are thorough, we have to live with it. We have to suffer with what ever the future problems are. My father lived on that property for thirty five years I know what the water level is. I know how nice that area used to be. The businesses that are there now close at five o'clock they are not there on weekends. So, our quality of life is still the same. There are not, businesses that are there that are going to bother us. If this type of business went into that area that is behind there were Mrs. Brower wants to sell her property it would be the same thing more than likely. They would close at five o'clock they would not be there on weekends. It certainly would not be this big store. This berm that they are talking about with the fence, my father house is a raised ranch, we live on the second floor. I will be able to see right over the top of that berm right into the back of those loading docks. I have a hundred and fifty thousand dollar house would you want to do that? Is it I should have to suffer because we want to have another Grand Union in here? I do not think it is right. I think we have enough stores. Thank you. Mr. Grey Fish-Hello, my name is Greg Fish. I live on Homer Avenue. I will agree with some of the other people that spoke. I do not think we need another big box store, we have enough. I would also like to say that we all know Grand Union reputation for hanging in there during the tough times, it has not been all that good in the past. I do not think everybody here is looking at the long, the twenty or twenty five year picture here. Who is to say that they are not going to pack up and move out five or ten years from now, and then what would we have? We have a big empty store that nobody is going to want. I just want to go on record as saying I am against this, I respectfully ask the Town Board to turn down their application for rezoning of Homer Avenue. I would also ask that that possibly they could look for somewhere else, there is other property on Quaker Road that would be more suitable for this project. Thank you for your time. Deputy Supervisor Turner-Anyone else? Mr. Michael Ingleston-My name is Michael Ingleston I live on the north side of Homer at the corner of Homer, it is 302 Bay Road When TPI asked the Town to put an addition on the back of TPI because they were doing a very good, they put an addition on the back of TPI and they kept it looking like a resident, like a house. Then they continued to do very good and they continued to prosper and they asked the Town if they could put another addition on. They put an addition on and they still continued to look like a resident. I live on the corner of Homer and Bay, Nigro wants to buy it they have a contract with the next five houses down on the north side of Homer. They did not take the whole side of Homer. You have a lot of residents on the other end of Homer and me left on the corner. Right now I look out my back window either down stairs or up stairs because I have a high foundation because of the water table in that area I see trees. I seen neighbors and I see trees. Now these people, because I am on the corner they are going to have to put a fifty foot buffer on each side of me and a six foot berm and a six foot fence it is not going to do anything for me. I am a two and a half story house. Homer Avenue, they tell you that Homer Avenue if light industry goes in there they are going to come out on Homer, the chose not to come out on Homer the trucks will not enter and exit on Homer. Homer Avenue has a two ton limit, the signs are on both ends. It has been in existence I think for almost thirty years, it just that the signs were not there. They are there now. Nobody can have trucks and trailers coming in and going off on Homer. Whether it is mega save or light industry. Like the lady said, most of those properties on the north are one hundred and forty three to a one hundred and fifty three feet deep they are single lots, I have a double lot. Ok. If an industry came in or if a light industry wanted to come in because most of that area right now I would say ninety percent of that street is residential. That property is not situated as far as what is zoned light industry for any industry and to feasibly build any kind of a building to make any profit or run any kind of a business out of it on the square footage that they could put up. Unless it was thirty feet high and hundred feet high, you know. They would have to be narrow and high like an elevator. They could not be a proper building because of the light industry area, because of the buffers. According to the last meeting I think in December at the Planning Board, Nigro said at the back of that store is going to be twenty eight feet high. The front of the store will for forty feet high and this is what I am going to look at instead of trees and greenery now I will be looking at cement blocks and black top. Now, according to Nigro they are saying that they are moving the building back toward Homer that is the reason they wanted to buy those five residences. The reason why they are moving back is because of the water table. Possibly trying to save the some of the wetlands making themselves look good but in reality they are moving that dock where they unload right next to my back door. I have been at Finch Pruyn for thirty one years, I deal with tractor trailers I drove tractor trailers for fourteen years. As far as these people you telling you that they will not unload tractor trailers at night you know, maybe they have, they still doing business with the Brooklyn bridge too, also. I do not know, but when you drive a rig you get someplace because you have to get there. You have a time table you have to get unloaded because you have another terminal that you have to be as soon as you are empty. Now, even if they are not going to unload them on an eleven to seven shift they will be sitting on that pavement right behind my house and in the winter they have to have those rigs running or they will freeze up and in the summer they will leave them running because they have air conditioning they they sleep in those trucks, they live in those trucks. Those trucks run twenty-four hours a day unless they are broke down. They do not shut them down. So, as far as some of these stories that you have been hearing from the Nigro representatives you might want to verify personally before you believe them. Only because I have been in the business of the paper industry and I know and I have talked to I have been in shipping for thirty-one years, so in reality I know how these people work. Now, the six-foot high berm and the six-foot high fence that is twelve feet on a twenty eight-foot building in the back. That is not going to do anything for me with a two and a half story house it isn't going to do anything for the neighbors across the street that are all up higher than Homer Avenue. They are all up on the property is all sloped up on Homer and the foundation is set up. As as far as standing in a row taking this picture you are not dealing with reality what these people have to deal with and all these people accept one have two story houses. So, now they are going to are looking up higher and especially the lady that has the new house because they had to put a raised ranch out of the ground and then bring fill in. Now, she is even going to be higher than everybody else. I just do not think that the residents in this neighborhood which Niger said last fall when the starting of the Planning Board it is not their business to destroy neighborhoods. In reality what they are trying to do right now on Homer Avenue is destroy this neighborhood. If they want to build this story to compete with Shop and Save they would have every access, Moore's is vacant right now and I believe they have a lot more property at Moore's when they went out of business then they would right behind my house. It would be easily accessible to the customers and they would actually be closer to Price Chopper then this place would be to Shop and Save so you would have a better competition for mega save over there than you would over here. As far as some of the stipulations the lawyer told you, because Ridge Street was brought up there are properties, there is property on Ridge Street for sale it is commercial. There is property on Quaker Road that is commercial. There is property on Bay Road just past Lowes that is commercial. Why do these people not want to go a couple thousand feet down the road, Because the price of the commercial property compared to the residents very simple. It only makes, because that is what this is, Nigro is a business. It is not your family lawyer, it is a business. Ok. These docks are going to be right next to my house. I do not want to live there with these docks next to my house. They are not going to compensate me. If they built this right behind your house they would not compensate you. You would not want it behind your house believe me. Thirty one years in the paper industry, dealing with tractor-trailers you do not want this behind your house. There is another situation where, they have to put chemicals on the black top in the parking lot and the entrances, now I am not sure if they are going to be able to suck this all up with vacuums or where is the salt or calcium chloride or whatever chemicals they are going to use or they have the parking lot sealed. These break down and run off. I am not sure all these chemicals are going to be going into these containments especially with the trout brook right next door. There is not red lights at the exit. Like the lady said they are going to take a right on Quaker a right on Everts and a right on Homer. Right now Homer is a main thoroughfare when they put the cement abutments up in Duke Concrete, Duke Concrete used to be a main thoroughfare through their private property. When they put those cement abutments up on Everts now every body uses Homer. You would not believe how long it takes me to get off Homer onto Bay across because I live right across from Bard. Some days you set there for five minutes you cannot get on Bay, left or right, because of the traffic. That is without this store. We widen Quaker Road into four lanes, we actually should have went six lanes because four lanes don't contain the traffic that is on that main thoroughfare. That is one of the main entrances into the Town, and it should be widened. Just like we have a problem with west, Main Street in West Glens Falls. That is going to be another situation that's Queensbury, because Glens Falls stops at Wilhelms. That is another situation we are going to be dealing, we don't look, twenty, twenty five years down the road like Greg said. In our past history we have looked down the road two or three years. How long are your terms, two years, four years, we try to project for maybe a little bit over two years but we can only do what we can do in two years. But, in reality if we keep just doing two years at a time you have a lot of little patches all over the place instead of one complete system. We need to actually sit down and say what are we doing to do with Queensbury. Are we going to destroy it or are we going to try and save it. And when big business tries to say that they are doing you a favor by doing this commercial instead of light industry like they said they cannot get employees at Price Chopper, Shop and Save you cannot get employees you cannot hire people. Glens Falls Hospital which already has twenty three hundred employees. Where are the people going to come to work at this store for minimum wage or five something or six something an hour. If thy do take a job there they are going to be there a week and they are going to be gone. So, I don't actually believe this store is going to be there when my grandkids get old. It is going to be an empty box. When I try to get onto Quaker from Bay when I do get onto Bay I sit through red lights sometimes three red lights trying to onto Quaker, left or right, because of the traffic right now. Now, if you are going to let this store go in there in this area with this traffic, because we not only let Lowes in there but we have a restaurant on Lowes property. So, we don't only have people going to buy building supplies we have people going to eat, lunch and dinner, which increase the traffic on Quaker Road unbelievable. We have a new Denny's on Quaker Road now which increased it, you drive by Denny's morning it is packed, lunched its packed, and supper is packed, there is a lot of traffic in this area. It is asinine that amount of traffic in this area. Bay Road, when I go out to get my mail on the corner of Homer and Bay I am lucky that I do not get run over getting my mail. There are no lines in the road right now and it is two lanes it is wide enough for two lanes. I have people brushing me at my mail box getting my mail, now. Now, if we have more traffic what is going to happen some of the invisible kids on Homer when they get hurt is the Town Board going to say maybe we shouldn't let this project go in this area. But that is not going to compensate for the mother or father that looses a child. Or a child that looses a fixture of its body because big business wants to go right here. There are plenty of areas in Queensbury for big businesses to move into. We have all kinds of commercial property. We need businesses coming to Queensbury because hopefully we will have more residents coming to Queensbury we have children, they will have children it isn't going to stay stagnant. Hopefully we are going to grow but we still want to be Hometown. I do not want to have to go get a gun and put it next to my bed because I have a hugh store right next to me where somebody going to break in. Like a couple of weeks ago at Price Chopper with the automatic weapons. That is going to be a deterrent but that is going to be a draw to people, just like they go to the mall and they, now all your Convenient Stores are being robed. I do not need this in my neighborhood. I do not need it in my back yard. So, like I said they were replacing, if they get in there and they tear down TPI they have to put a fifty foot buffer on each side of my property and instead of the houses and trees and grass I would be looking at cement blocks and blacktop. The truck volume is not going to be a couple trucks a day going to the Grand Union. You can call Shop and Save if there is sixty five thousand square foot store and ask them how many deliveries they get a day. I see trucks leaving there in the middle of the night, I work shift work at Finch Pruyn I go to the store at three o'clock in the morning. There are tractor-trailers sitting there running at Shop and Save or Hanneford or whatever you want to call it. They are going to have, they are going to have hugh lighting in that area for that parking lot and that store. Are they going to turn these lights off at 8 o'clock at night, in the back so that Homer Avenue is not effected? I do not think so. If that store goes in there that is going to drastically change the effect of that neighborhood. Drastically. Not only between the noise, the sounds, the smells, the light, the traffic, because of coming out and using Homer as a main thoroughfare. It is going to literally destroy that neighborhood. I do not care if it is zoned commercial or if it zoned light industrial or if it is zoned residential. Right now, it is ninety percent residential. I do not think she would have built a hundred and fifty thousand dollars house four years ago knowing that commercially somebody across the street wants to put a box store up I think she would have went someplace else. I know that I would of. Like she said there is a Day Care Center on Homer, there are children going up and down that street all summer. Even in the winter they take day trips. They walk down Homer. There are no sidewalks on Homer traffic right now is asinine and when this new store, if that gets in there it is going to get entirely worse. Look what has happened to the Great Escape. That is in the Town of Queensbury. We have let them buy areas and try to increase that business they are actually trying to turn that into a six flags that is what they are trying to do we all know that. But the problem is now what they are doing is they bought this and this and this and they are actually they want to get their own exit onto Great Escape from the Northway. They were putting their own road in, next to the Northway which we finally had to stop them. But if we were to look down the road like a couple of people have mentioned more than two years down the road this situation at the Great Escape would not be what it is right now, if we would have had foresight. Hindsight is a science we all know what happened. I think that is about it. All I am doing is asking you people to turn this zoning change down, turn this offer to build this store in this area down because there are a lot more commercial properties in this town. If they want to compete with Price Chipper and Shop and Save there is definitely other areas that they can build, it might cost them a couple more dollars but I do not think that they will destroy a neighborhood. Thank you. Deputy Supervisor Turner-Anyone else? Mr. Craig MacEwan-Good evening, Craig MacEwan Chairman of the Planning Board I was kind of surprised how quickly the conversation broke away from what the application is in front of you tonight and that is nothing more than a rezoning. I was surprised how quickly we got talking about site plan issues and site plan development. I think it is important for your board to recognize exactly what their trying to accomplish by this rezoning. If you look through their application and their little essay that they put on here and the question and answers they filling out as part of the application, I can of question some of the reasoning that they have to support this application plan. You know there is basically four things we have to remember. When our Planning Board reviewed this project over the course of I think about three meetings, we were split right down the middle, three supported the rezoning and three of us didn't support the rezoning. I would like to tell you why I would not support the rezoning. First and foremost we are looking at a residential area that we are impacting. Yes, it encompasses roughly somewheres between fifteen and eighteen acres there of light industrial zone. That zone each and every one of you at one time or another has supported saying that we should support and keep for future development. By rezoning these four or five parcels is nothing more than amounting to spot zoning. That in it self is discouraged our comprehensive land use plan. In their questionnaire in here, it said what is the current classification not appropriate for the property in question? It says the lots are too shallow for light industrial and light uses. Well that is true. If you were to try the light industrial develop them as piece meal one or two lots at a time you could not develop them. But I could envision a developer who would want to buy the entire fifteen or eighteen parcels, acres in there and try to develop it as a whole unit. I can see that happening. If you go ahead and piece meal this thing then you no, you are not ever going to achieve the goals that you try to want to get in the comprehensive plan. Under section 4 the neighborhoods in the comprehensive use plan just a couple of paragraphs I would like to read to you here if I could. It says between the Glens Falls line and the Quaker Road line are some office and retail businesses. The industrial uses have tended to dominate the neighborhood character. There is a residential area on Homer Avenue which has been zoned light industrial, and if you flip over the page and it refers to the traffic in that area and it says the Quaker and Bay Road intersection has potential for becoming as burdened as Route 9 254 intersections. The Home Center which is Lowes now under construction will add a significant amount of traffic as will any more development to the proposed town center. This is under Open Space, there is an impressive amount of open space still in existence in the neighborhood areas. Some of it is already subject to development plans and the quality of the area and the success of future development will be related to the maintenance to some of those existing open spaces. Now, I can tell you that when that applicant was in front of our Board regarding this application that on more than one occasion said that this application, this development could be done and built on that site plan without acquiring these properties as a buffer. If they are going to try and buffer Homer Avenue it would make common sense that they would buy both sides of Homer Avenue and totally take over the area. I do not see that being realistic. You just got to remember that when you are looking at this thing, setting aside all the issues that we have as a Board completely with the site plan there are significant issues that we have questions and serious questions about whether it could be potentially developed to the maximum use that they are looking for. I would only ask you gentlemen to think this thing through tonight and do what is right. Just remember that some times in our zest for wanting to extend the tax base and the sales tax revenue for the Town we over look the impacts that it is going to have as we go along the way. I think the negative impacts of this application far outweigh the significant aspects that we are going to get out of the tax base extending in this town. I would ask you not to allow the rezoning of this parcel. Thanks. Deputy Supervisor Turner-Anyone else? Ms. Beverly Kerr - Could I share one more letter? Deputy Supervisor Turner-One more. Ms. Beverly Kerr-I think this letter sums up pretty much what we have talked about, this is from Jim McKiernan and Bob Bruno Please record us in opposition to the rezoning of the 2 acre parcel along the northside of Homer Avenue, the purpose of which is to build a new supermarket. While the tremendous negative impact of additional traffic on Garrison and Fort Amherst Roads that this proposed supermarket would generate is obvious, there is a more fundamental concern at stake with this petition. That is, the urbanization of residential communities without any concern for the quality of life for residents within those communities. City and Town planning boards in the mid and far west of the country have taken an enlightened view at this problem to the extent that they are now not only rejecting petitions for commercial rezoning, but are returning commercial land use back to residential where ever possible. We respectfully ask that the Planning Board take the long view on this petition, so that the Town of Queensbury remains a lovely, livable area, in here the quality of life is our first concern. Respectfully yours, Jim and Bob Thank you. Deputy Supervisor Turner-Last time anyone else? Mrs. Thompson-I do not have anything else, but I would like everyone to raise their hand that sitting here. Deputy Supervisor Turner-I think we have heard. Mrs. Thompson-There are so many people that did not say anything. Deputy Supervisor Turner-They can raise their hands if they like. Mrs. Thompson-Raise your hands everybody if you are opposed to this project. I think it is important just to see the support that ... Deputy Supervisor Turner-I will close the public hearing. Next step is the SEQRA review the long form? We will do the correspondence first can you just indicate for or against maybe instead of reading all of them... Town Clerk Dougher-Michael Mills-Against Rezoning Sara Robertson and D.L. Robertson - Against Rezoning Judd Grey-Against Rezoning For Rezoning-Matthew and Cindy Vauhn, Genlah & Lowell Greene, Kevin P. Smyth, Donna L. Smith, Steve Maddock, Beth Plunkett, Jaurice Geer, Harlene A. Clark, Thomas A. Clark... (The following letters were handed in by Mrs. Thompson.. . Against the rezoning-James Town Jr., Barbara P. Ellis and Robert J. Parry, Freida Solomon, Patricia Giardinello, and Fred Giardinello, Mr. Merritt E. Scoville, Albert Bellos, Anne Bellos, Judith Eisenhart, Mrs. Jean Cirino,John W. Beebe, and Lester and Dorothy White, all on file) Councilman Brewer-Before we go to the SEQRA can we just ask some questions of the applicant? Deputy Supervisor Turner-Yes. Councilman Martin-I think we ought to try and get quantify here some of the concerns that we heard. Councilman Brewer-I do not know if I necessarily want to go right to the SEQRA without all these answers that I might have. Councilman Martin-I want, Traffic was predominate throughout the concerns especially cut through traffic on neighboring streets I am going to go through my list here from top to bottom and then. The idea of traffic exiting the site and potentially making the right onto Evert and then back onto Homer. I think we need some real solid justification for the origin of the south bound traffic and at that level. Mr. Palumbo-Can you explain that a little bit more in terms of. Attorney Lapper-you mean the north bound traffic coming from the south? Councilman Martin-Northbound coming from the south. I hear some concern that its such a low number. You know the fifty three being so low. I know and the last thing I want to do as a local government is make grandiose statements about the market and the free market economy and the need for another grocery store and all that. But, you know, I think you need to speak to that in some way, shape or form. I mean, I do not want to sit here and you know make predictions about you know you have as much right to be a grocery store here and maybe you will be the one that survives and Price Chopper goes, I do not know. In terms of the segmentation I feel pretty comfortable with that because clearly the description of the action is both the rezoning and the site plan issue. So, I do not see where we are segmenting here anything, Bob would you agree with that, Chris, we are solid on that. There was mentioned about a neighborhood impact study? Apparently a commitment was made to do that. I would like to know, there was a statement made I am just saying the statement was made and I would like to hear more about that if it was. The need for a traffic signal, when we talk about traffic was there any consideration given to that, how far are we from that threshold if it is not needed. I would like some further justification or a better explanation about the drainage how that is functioning and working. I heard some comments about that. Then I was interested to hear the level of these heights of homes and things like that in the neighborhood and the real possibility that this berm may not do the job or the fence with these higher homes at a higher elevation. Councilman Brewer-But in reality Jim, isn't that a site plan issue? Councilman Martin-Well, I am just saying Tim from a SEQRA point of view we are segmenting the action we are taking into account all these things. Councilman Brewer-Maybe we should not be lead agent. Mr. Mac Ewan-May I raise the question to that procedural thing? Councilman Martin-You have got me on that one Craig. Mr. MacEwan-If you do a SEQRA on this rezoning do we not do a SEQRA for the site plan, because you cannot do both that is my understanding. So, if you do the SEQRA that Planning Board won't do a SEQRA. Councilman Martin-That is correct, that is what I am saying we are not segmenting that action. Mr. MacEwan-I have a real fundamental problem with that. Councilman Brewer-Who requested that the Town Board be lead agent? Attorney Lapper-We discussed it with the last Town Board when we applied and traditionally when it is a rezoning the Town Board has taken lead agency. Councilman Brewer-I struggle with that too. Councilman Martin-I struggle with that too. Councilman Brewer-Years ago I can remember when Steve Borgos was Supervisor we basically we went to court about it, the Planning Board and the Town Board. Councilman Martin-Right in his last, couple of months of his term. Attorney Lapper-Both agencies are involved so it is totally appropriate that it could either. Councilman Brewer-I agree with that. I feel more comfortable I think with the Planning Board and I will give you the reason why. Is because typically the Town Board historically does maybe one, two .. Councilman Martin-They are not a technical board. Councilman Brewer-We don't do SEQRA's as practice. Councilman Martin-I feel comfortable with SEQRA but a lot of these things when you start looking at these levels of service and intersection.. Councilman Brewer-I was on the Planning Board for nine years and they did average, two, three a night. It is not to say that the Town Board couldn't do it the Planning Board does it all the time they are going to be doing the site plan, technically I think. Attorney Lapper-Nothing you are saying I disagree with but knowing that we are heading toward a SEQRA determination. We did all of our homework in terms of we have had the agencies, the review the traffic and sign off on it we have had the Town Engineer review the stormwater and sign off on it so we have responses to all of the issues that Jim has mentioned. Just at this stage in the process, if in the future on a rezoning the Town wants to make a determination that the Planning Board should do it I think that is totally appropriate also. But, just since we have gone this far we has had all these meetings with the Planning Board we have dealt with these impacts issues Councilman Brewer-In fairness to us though John, I got my paper work Friday, today is Monday. I mean they have been dealing with it for how long? Attorney Lapper-I guess that is an internal issue just becaues it went to the old board and it did not go to the new board. Councilman Brewer-You know I cannot help that. That is just something that happened. Attorney Lapper-I would ask if you want to post phone a determination for two weeks that is totally appropriate but to make us sort of start all over again after all this time. Councilman Brewer-I do not want to make you start all over and I can tell you that as we sit here tonight I am not prepared to make any determination tonight. Only because, and I do not mean to cut Jim off, but he has got questions, I have got questions, and I do not think that we can get all the answers tonight. Attorney Lapper-We are here to answer what we can and talk about the rest in the future. Councilman Brewer-I am sorry Jim, I did not mean to .. Councilman Martin-I can tell you on the future as a philosophical aside, I would like to see these things you know, again this is a prior board action other people sitting in these chairs. But, I would like to see these things go to the Planning Board. I have no problem with that, I have no ego to bruise on that one. Executive Director Round-Can I talk a little bit about that. I know that has been a struggle for both boards and it has been historical precedence that is part of it. Part of the impacts of this I guess what you hear most of the impacts are site related issue impacts and that the rezoning is only a minor component of the project. Typically if you are going to more forward with the project and you cannot get a rezoning you go thorough a SEQRA determination its, again its, very difficult to do if you got, if you took this project and went through and the Planning Board went through all the Planning process and said no negative impacts the Town Board cannot make a decision on the rezoning until that conclusion is make and then it is very difficult for an agent to spend a level and effort with one board or another without .. Councilman Martin-No, they are kind of caught, I just said this was a side, they are caught in a little cross rift on this one. Councilman Brewer-Not this particular application, I mean, I speak to it because we are here, but, Councilman Martin-To continue on, my list, Frank if you could speak to the water from the berm, the impact on the neighboring properties you know, there is a slope there I could see what the woman was saying there. You know again, I just made continuing note, after continuing note about traffic. We really got to get into the details on that and describe for us you know what is the best, you can based on the research you have done what is the impact on the neighboring properties? As best we can gage at this point in time and into the future. The point is well taken about only looking at these things two or three years out, you know, that is pretty much all I had. I am not speaking for everybody else. Councilman Brewer-I had one question about the water table, the lady spoke and said that the water table was from anywhere from a half a foot to two feet. Your study here, I have got is somewhere says it is six to eight feet. Attorney Lapper-What she is talking about is the water table in the wet land areas which is significantly below our finish floor. Councilman Brewer-I can recall driving down that street where the brook comes across the road and the water is right over the. Attorney Lapper-Frank will go into that, but that is the area that we are staying away from that is at that front and along the side, along the east side and along the north on Quaker and that is where all the water drains to. It is a wet land because it is so low. It is two feet from the water table the other stuff is, we are going to have our finished floor what we are going to do the parking so that is very easily explainable. Councilman Brewer-Fill was a question I had, will you or won't you? I would just like to investigate the idea of how many trips that the other markets get just for my own information. Maybe we could talk to somebody from one of the markets not that they have to only get deliveries during the day but I do not know how a business could sustain itself with four deliveries per day. Attorney Lapper-I think Frank was talking about tractor-trailers deliveries, there are bread trucks that pull up to the front and stuff like that. Councilman Brewer-I understand that Freihoffers and the like. I guess if you will talk about the water table we do not really need to talk about a soil study from an independent. Attorney Lapper-We did have a soil scientist we did our work based upon a soil scientist work, we have all of that. Councilman Brewer-..1ook at that. Attorney Lapper- The engineer, Rist Frost had all of that stuff and reviewed all that and signed off on it, so we have done our homework. Councilman Brewer-Just for my own information though. Attorney Lapper-Absolutely. Councilman Stec- I just had three that I picked up in additional to what the other Board members had mentioned. The lighting concerns how that will effect neighboring properties, specifically, those on Homer Avenue. The delivery times, I know I asked the question once before, but I heard enough comments that it is still a concern of mine. Another good point that the Board started to hit on views from other than street level on Homer. Specifically, first and second floor views, I would like to see what it is going to look like out of the second floor window. Attorney Lapper- Ted anything from you? Deputy Supervisor Turner-No I am in concert with these guys. Attorney Lapper-I guess just some general comments. This is an area that is in transition, and an area in transition always puts an impact on the neighbors that this is certainly not a typical residential neighborhood. Thirty years ago it may have been but this is in the main commercial corridor of the Town and when you read the comprehensive land use plan that is what it talks about. So, in terms of the sprawl issue that people mentioned this is appropriate place to be putting the supermarket in the town right in a commercial corridor. It is where the infrastructure is located it is where the traffic is and what that does is that it protects all the rest of the area of the town which is residential. That is not to say that the people across the street would rather not have a supermarket but you have to remember that they are in a light industrial zone they have got CR Bard right there in terms of the impacts. They have got Duke Concrete which goes at night and there are noise issues there. So, you just have to look at this in context. People from the second story yes, we cannot buffer this so that they will not know what is here. But, we are doing a lot in terms of leaving the sight forty eight percent green which is different than other developments in town. I think, if you look at the Hanneford I am a big fan of the Hanneford. I am there all the time, they have done a very nice job with the quality of the apple trees the green space the set back of the building that is essentially what we are building. That is not a big impact in terms of what you are going to have, it is quiet and it is well designed. And we have more land so I think this is very similar. Councilman Martin-Correspondingly I think the position of the building kind of works in your favor. I mean it is more in the center of the site and set back far from the street. So, in that score I think that helps it somewhat, but go on. Attorney Lapper-Beyond that because of where the wetlands are located and the fact that we have left all that green space I mean yes you have got, commercial businesses along Quaker but now there is going to be a significant buffer area, green strip, trees and then what we are going to plant in-between that and visibly you are not going to see it from the Quaker Road entrance because of all the trees that are there. Along Bay the seventy five feet is the smaller area on the north side and it is much wider on the south of our entrance. It is really going to look a lot softer and in terms of some of the planning issues the caliber of the trees and all that those are site plan issues that we would deal with, with the Planning Board before we can get done with this, but it will be done appropriately. Councilman Stec-I have a question, one gentlemen that was in the corner.. .to purchase this land? Attorney Lapper-We could not reach an agreement. But what I would say about his property is that I believe that he has a valuable commercial parcel if we wanted to come of the Town and petition for a rezoning that he could sell his parcel for a commercial use. We are, he mentioned about what he would be looking at and what you can see there is a very significant green buffer, far in excess of fifty feet along the north side of his property. We tried, we know that there are neighbors there, we know there are neighbors in transition zone that are zoned industrial and we tried to go out of our way to be sensitive to them and to design this with the twelve foot of berm and then fence and vegetation. We are doing what we can to protect their properties. Somebody else said that they had their property on the market for a year and a half and they could not sell it, that has nothing to do with this project which was only announced you know three or four months ago. Its, I do not believe that is an area where it is going to be easy for any of those people to sell because of what is already there. It is already a transition area I represented somebody this fall who came before the Zoning Board for a variance to change one of the residence to a home occupation and massage therapy center and if the people that were selling it had that parcel on the market for thirty five thousand dollars I think and it was on the market for months and months and they did not have any offers. It is just not a desirable residential area, because of our project but because of what is already there, because it is near the central commercial corridor of the Town. So, I think there is probably opportunities for those people and to the extent that we make the corridor seem more commercial they may be able to sell for a light industrial use or for some other appropriate use and get the money and get out. But, unfortunately the Nigro Company just couldn't buy the whole neighborhood we did what we could and have offered a berm and what we considered a significant buff ring with what we bought. We are talking close to a million dollars for those eight parcels. Councilman Stec-Would you dispute that the surrounding neighbors specifically on the south side of Homer that their property values would go down as a result of this project? Attorney Lapper- Yea, only because I think I do not know what they would consider what the property values right now but I think if nobody is buying them, you have to ask what the property value is and if something has been on the market for a year and a half it is not because of this project it is because of what you already have there and that it is a commercial and industrial neighborhood it is not a place where typical residential purchaser would be looking at, that is just a reality. So, there are other things that the Town can do in terms of zoning or in terms of trying to encourage somebody to come in and buy all of those to relocate an industrial or commercial facility there. That could be done if everyone bans together. But I do not think you are ever going to turn and somebody said gee lets rezone everything back to residential I do not think that is the right answer. Because I think if you did that, that is still not going to get residential purchaser to come in and say that is where I want to live in Queensbury. It is just a reality. We have scientific answers, we have studied this we have signed off on traffic, we have sign offs on storm water and those are not just small statements that has been months of work in dealing with detailed technical issues. We have, the statement that was made about neighborhood impact what that was, was that when Frank's Company Sear Brown Group did the traffic study they did have people standing on Garrison and Ft. Amherst to see which way the traffic was going and to take that into account. We did that and those are lovely streets I am sure as I use those streets periodically for cut through so do all of you. I understand that they are lovely streets that are near the commercial corridor of the Town they are right on Glen Street. But, this project is still an appropriate project to go in a commercial corridor. Mr. Frank Palumbo-At the Planning Board we did discuss how we analyzed the Garrison Road, Ft. Amherst area, we did not do it as a full context of the traffic study because it really couldn't be your point about the thresholds and it really did not equate to the traffic study that was being done. But, what we did probably difficult for you to see from there, here is Quaker, Route 9, here is Garrison here is Webster, the site is right there. What we found we did counts, fifteen minute intervals a person going around and just trying to monitor what was occurring there and yes there were cars cutting through, there was no question about it. Councilman Martin-I do it all the time myself, John is right, I am guilty. Mr. Palumbo-The majority of the movement just to give you an idea I have got those, at Bay and Garrison there were in a fifteen minute period there were forty eight vehicles that exited or turned into Garrison Road offfrom Bay. Sixty five percent of those were coming from the South and making a left hand turn onto Garrison. You can see, these areas, you can see that they are using it to cut thorough to the areas up at Aviation Mall, Price Chopper the Route 9 Corridor. That is the predominant movement. That is what is happening here. There is undoubtedly some people who are using those to cut thorough and head up Bay Road, no question about it. But, the percentage is much much lower than the movements we also had the movements and they were similar for the return traffic. It was making they were more often going to Webster because they could turn at the light make a left at the light easier come up and make a right onto Bay. Councilman Martin-What date was this on and what time of the day? Mr. Palumbo-This was not at peak time so what we can do, we can go up and update it so it is coordinated a little bit more with the peak. What we did we were asked to get a look at it. We went out it was about just after lunch, probably one o'clockish the so we can go back out we can coordinate it during a peak time before we come back and give you a little bit more update on that. It was fairly clear that, that was the movement that was occurring the predominant movement that was occurring. So, as I said we cannot say that there is no cars cutting up this way but to say that this site is going to have a significant impact on that cut through movement. The streets are used as cut through because they are convenient. Councilman Martin-The other thing I would like, if we do get to a point where you have to actually have a somebody go out there while you are at it I would like to get some sense of where your market pull is going to be from so to speak? I think, maybe Shop and Save would probably be a pretty good barometer how many people are making the left hand turn in from Bay Road heading north making that left in and where are they coming from. Mr. Palumbo-And that is exactly how we came up with those distributions from the south and we will go into putting that into a little bit more straight english rather than the numbers there. What we did is we had the opportunity there of being able to count the supermarket when we were doing all these counts. All these were fresh count or existing counts although we used the Lowes traffic study although we used the Vollmer model that was done for the two fifty four corridor all these were done with fresh counts. They all, you know, the distributions that were listed in there those were reviewed by AGFTC they were reviewed by Vollmer nobody was really questioning any of the distributions at that point. We will give greater analysis of that and in actuality one of the things about our report that the Town's Vollmer had reported our numbers were more conservative, Scott Sopczyk from AGFTC for the Bay Road, Quaker Road intersection our numbers were nine percent higher than the Vollmer Initial study. Ours were by both independent agents seen as being more conservative. So, any of those numbers that we are showing are certainly not, we are not trying to be liberal with getting advantage out of that. But, we can clarify that. In terms of the traffic on Homer I do not think that our site plan is encouraging any greater use of Homer. Now, we will give more detail with that we will put something in writing to try and clarify it. But the first context is that they are going to make that movement to go left. This exit out of Bay is going to function I do not recall exactly what level of service but you are still going to make the right out of here, rather than going all the way around the block. Councilman Brewer-To make a left. Mr. Palumbo-The left, sorry, the left out of here rather than going around the block to make a left, I think we can quantify that in terms of just timing analysis of how long you would potentially have to wait here. People are going to find the path of least resistance. Councilman Martin-That is true, like water. Mr. Palumbo-You addressed the I am not going to get in there, as John said into the need for the grocery store, we will give that a little bit more thought and put something into writing, but your point was well taken on that, Jim. Councilman Martin-Again, I am not trying to in fairness to the Nigro Company, I am not trying to ... Mr. Palumbo-But, so that was the neighborhood impact, our analysis of Garrison, the cut thorough that was what was brought up that was what was talked about in terms of a neighborhood impact statement. The drainage will go as far as we need to go as we have said, Rist Frost reviewed the report the overall drainage was shown to be accommodated in a fashion that the Town would normally that the DEC would normally. Attorney Lapper-I do not think that we need to go any farther. Mr. Palumbo-I do not either, but if there is any clarifications needed. Councilman Martin-Put yourself in the position of the neighborhood the person who you know they are not used to dealing in these terminology's all this and I think we need to boil this down into some understandable level so they can begin to understand. Mr. Palumbo-I think the data is there and we will put it into a summary form that is again like the traffic analysis a little bit more user friendly. The, in terms of the, you asked about the water coming off the berm if you take a close look at the grading plan what you will see is that water that comes down the berm that comes along Homer Ave. will go into the detention basin. The only point from right here forward that already drains in that direction goes there. We are actually picking up more than because we knew we had to take what was coming off the berm we are actually picking up in Homer what was already going down to this point and possibly causing some of the what was referenced there in terms of the problems with that culvert. That is coming into our site at this point. We can collect everything offfrom that berm. The height of the homes, we can use the computer model we will get, we can raise that view. We can go in the model there. The water table issue, I think John already referred to it the wareham soils are the ones that are the hydrick soils that we have addressed in our wetlands delineation report. Attorney Lapper- The letter from the Warren County soils did not have the benefit of having our site plan so they were just looking at the soils for the whole site without knowing where our parking lot was going to be where our store was going to be. They were just talking about where the hydro soils are in that.. Mr. Palumbo-This area down here where the wetland is, is primarily down three 0 nine a foot and a half down you are talking about three 0 seven and a half and our floor elevation up here is three seventeen five. We did, the soil scientist went out there Nigro does that as a matter of course they want to know any conditions that they are going to meet in terms of how to construct this building any special considerations they have the soil scientists go out first. That information was contained as.. Councilman Brewer-Where these borings or test pits? Mr. Palumbo-Borings. With the water elevations shown, from them. We are confident that the information is there, again we will put it into a summary format per these comments. Councilman Brewer-That would be perfect. Mr. Palumbo-The fill, we are going to have fill, in this area the existing grade in this area here is about three fifteen, three sixteen so we will have some fill there, not a lot. We do not anticipate that we are going to have to bring a lot on site. We are really going to try and do everything we can to balance this here. We can do some analysis of the trucks at the other markets see how often they are making their trips through and the lighting we can address. Councilman Martin-I can tell you the lighting is a concern, I know at Walmart we round and around and around with the wall packs. Mr. Palumbo-A lot of things that we will have an advantage here, this is not comparatively this is not a hugh parking lot. This is not, you know how many you know parking spaces are at Walmart, this is, these are fifteen feet deep what we are actually proposing with the change we have references only a thirteen feet or thirteen car space depth. The number of poles that we will need to light that area is going to be significantly less when you know, Walmart they are going out thirty five, forty spaces at times, you need a lot of light poles in that situation. I think we are going to be able to do something here that is not going to have that type of impact. I know that is what people are probably envisioning and certainly we are going to have some poles out here because we want to get the parking lot well light but I think we can show something there that you will be pleased with. I think that was the run down on the questions that you had and we will formalize that and summarize any of those issues that I just talked about. Councilman Martin-I do not know how everybody else feels but I know you do not want to make any decision tonight but in fairness to the people, because I sat and the thing I hate is jerking the people around and jerking the applicant around by postponing and postponing and postponing and tabling..I think we ought to get on with business at the next meeting with this and invite everybody back and let them hear where were we all stand right up front and get on with it. Councilman Brewer-First item on the agenda. Councilman Stec-Do you want to leave the public hearing open or do you want to leave it closed? Deputy Supervisor Turner-We can close it but we can re-open it. Mr. MacEwan-I would ask you to leave the public hearing open, considering you are going to entertain more information. Councilman Stec-I agree with the Planning Board Chairman. Councilman Martin-Do we rescind that Bob as a matter of course? Attorney Hafner-Re-open it, you should close it and re-open it at the next time. Councilman Brewer-We should tell the audience that we take two weeks to gather some information to make.. Councilman Stec-come at the next meeting, our next regular meeting the 28th and if there is new information you all want to comment on I do not think we will not necessarily invite redundancy but if you want to respond to some of the new information or new questions come up. . . Mrs. Thompson-All the letters and things that we gathered I know that they will stay on file, right? Councilman Martin-Definitely. Mrs. Thompson-They would still.. Councilman Brewer-We do not want to re-do the whole meeting. Councilman Stec-We are not looking to run through the whole meeting again. Councilman Martin-My primary concern is that everybody have an opportunity to come back and hear the information that is shared, hear what the Board has to say but you have it all in a time frame that is acceptable and convenient for you also. Mrs. Thompson-Then that would not be like a public hearing again? Councilman Brewer-If necessary yes. The new information that were brought up tonight that we just talked about they are going formalize that in some sort of a summary for us let us at least review it and then we will come back and make a decision. Deputy Supervisor Turner-We are not at that point yet. Councilman Stec-Before we make the decision we will go through the environmental impact. Councilman Martin-We have an assessment form to go through that when we get to the conclusion of that form that is when you make a decision of whether or not there is an environmental impact statement necessary. Mrs. Thompson-...time for it? Councilman Stec-Like Jim said, we do not want to put anyone out here, the applicant or the public, we all know what happens when things get kicked around for five years. Mrs. Thompson-I know, but can they Councilman Martin-What they are saying to us is they essentially have already done the study they have the detail, it is a matter of sharing that with us. Councilman Brewer-Right, putting it together. Unknown-Somebody asked about the property value, Mr. Lapper said that nobody had been able to sell their house, it took my realtor a whole month to research houses being sold in light industry and houses being sold in commercial and the figures is about twenty five thousand dollars short. I would just like to know who is going to make up that twenty five thousand dollars if they come in. Attorney Hafner-If you want to have a public hearing at the next meeting I think we should open it now and leave it open so we do not have to give notice again. Leave it open and we will close it at this public hearing at the next meeting. Deputy Supervisor Turner-Are we all in agreement... (Board agreed) Deputy Supervisor Turner-So the public hearing will be, is open and will remain open until the 28th. Once it is open to make further comment. Councilman Martin-You are not going to get another notice in the mail, so make sure you are there....It is not going to be noticed in the paper. ... The other comment I want to make for the benefit of the public is just so you know, we have in all this paper here we have the Planning Staff of the Town recommending approval of the Zone change, we have Warren County Planning Board recommending approval of the Zone change that is in these papers here, I just wanted to let you know that. Mrs. Thompson-But the Planning Board had no action. Councilman Martin-And the local Planning Board as you all know had not action, it was a tie vote. Attorney Lapper- The last comment I would like to make just in terms of a Town Board action, if there is an issue on Garrison and Ft. Amherst, that through traffic and if the neighbors want to petition the Town to make them one way streets and I do not know what the traffic impact would be on that, but if that is what they are saying that they do not want them to be cut through streets which they are and traditionally have been that is really something separate and apart from our project that the Town Board could also consider. Mrs. Thompson-If the ..zoning is turned down it is not approved would the Nigro Corporation still be able to build on ... Deputy Supervisor Turner-On the commercial piece. Councilman Martin-. . . they would not need a rezoning. . . site plan review with the Planning Board but they would not need a rezoning. Councilman Stec-But I think it is worth clarifying though based on the comments I heard tonight I want to make sure that no one feels mislead later, that Mr. Lapper's opening remarks the first thirty seconds that he said, I want to make sure everyone heard, they could do this without the rezoning, and cram it into a, so I just want to make sure that no one feels blind sided if that happens. ... they could do what they want to do without a rezoning if they get through the other. . . I just want to make sure that no one is surprised or offended. Deputy Supervisor Turner-Ok. Dennis, come and get it. Three minute recess. . . . Reopened. PUBLIC HEARING 9:36 P.M. PROPOSED LOCAL LAW AMENDING QUEENSBURY TOWN CODE CHAPTER 179 ARTICLE ENTITLED "ZONING" NOTICE SHOWN Supervisor Brower-Item 2.2 on the agenda a local law 1,2000 amending Queensbury Town Code Chapter 179 entitled "Zoning" Asked Mr. Round to address the Board. I know that Mr. Stec has a question on this for sure. Executive Director Round-The last session we had the Planning Board Chairman the Zoning Board Chairman had a couple comments on a couple of items and we revised the local law in three locations one was the method, when were we going to choose alternate members and we have added language: in case the Chairperson shall alternate appointment of the two alternate members so that the alternate members have approximately equal opportunities to serve on the Zoning Board of Appeals, the same language is contained within the Planning Board section. Regarding compensation, that was a question would they be paid? We included language; compensation would be provided to the alternate members only for which meetings they actually serve on the board. There was a third, Councilman Stec-Chris while you are digging, the question that I had after reading the resolution tonight, lets say the Planning Board alternate sits in on one meeting and then it spills over to a second meeting, tabled or whatever, is that, do we stick with who we start with? Executive Director Round-Yes. We would perfer that, that would be indicated. I do not know necessarily that the law has to dictate that but we can deal with that with policy. We have a draft Planning Board policy in the works to address some of these items and that the Planning Board has to make a decision on how they see best fit to handle those issues and the Zoning Board as well. Councilman Stec- Y ou would agree that we do not necessarily spell out how we are going to handle that situation in tonights resolution it is enough to leave the, some of the details to the boards policy discretion? Counsel Hafner-Yes, I think, administration you need to have some flexibility or it is just not going to work. Councilman Martin-Oh, no we want to micro manage every little aspect of this. I am joking. Executive Director Round-There are going to be difficulties along the way and we may ask for modification as we experience those difficulties. Councilman Stec- That is the only thing that jumped out at me, what do you do if you are shuffling players in the middle of between meetings? If we are all comfortable with saying well we can figure that out as we go and we do not need it in tonights resolution I am comfortable with that. I just wanted to ask. Councilman Martin- I know that Planning Board has a policy statement or a set of policies they go by but does the Zoning Board? I do not think that they do. Executive Director Round-They do not have a formal one there is a one that was passed on, ... Mr. MacEwan-... ancient ... Councilman Martin-Carved in garnet if I recall, tabular. I think this is a lot better. Counsel Hafner-It was to address the concerns of the Chairman of both boards had. Supervisor Brower-Asked comments.. .none... .for a motion... Closed the public hearing. . . RESOLUTION ENACTING LOCAL LAW NO.1 OF 2000 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 ARTICLE I ENTITLED, "ZONING" RESOLUTION NO. 67, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of Local Law No.: 1 of 2000 to amend Queensbury Town Code Chapter 179, Article I entitled, "Zoning," which Local Law shall create alternate member positions for the Planning Board and Zoning Board of Appeals so that an alternate member may substitute for a regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences, and WHEREAS, the Town duly held a public hearing on January 24th, 2000 and again on February 14th, 2000 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts Local Law No.: 10f 2000 to amend Queensbury Town Code Chapter 179, Article I entitled, "Zoning," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 14th dayof Febraury, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT: None LOCAL LAW NO.: 1 OF 2000 A LOCAL LAW TO AMEND CHAPTER 179, ARTICLE I OF QUEENSBURY TOWN CODE ENTITLED "ZONING" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 179-3 of Chapter 179, Article I of the Code of the Town of Queensbury entitled "Zoning," is hereby amended as follows: ( 179-3. Zoning Board of Appeals. A. Pursuant to (267 of Town Law, the Town of Queensbury has created a Zoning Board of Appeals consisting of seven (7) members appointed by the Town Board in such manner and for such term as provided in the Town law. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter. B. The Town Board shall appoint two (2) alternate members of the Zoning Board of Appeals to substitute for any regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by Resolution of the Town Board for a term of seven (7) years. The chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a regular member whenever any regular member is unable to participate in an application or matter before the Zoning Board of Appeals. The chairperson shall alternate appointment of the two (2) alternate members so that the alternate members have approximately equal opportunities to serve on the Zoning Board of Appeals to the maximum extent possible. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members, with compensation provided to the alternate members only for meetings at which they actually serve on the Board. SECTION 2. Section 179-4 of Chapter 179, Article I of the Code of the Town of Queensbury entitled "Zoning," is hereby amended as follows: ( 179-4. Planning Board. A. Pursuant to (271 of Town Law, the Town of Queensbury has created a Planning Board. Said Board consists of seven (7) members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this chapter pursuant to (274-a of the Town Law (site plan review). B. The Town Board shall appoint two (2) alternate members of the Planning Board to substitute for any regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by Resolution of the Town Board for a term of seven (7) years. The chairperson of the Planning Board shall designate an alternate member to substitute for a regular member whenever any regular member is unable to participate in an application or matter before the Planning Board. The chairperson shall alternate appointment of the two (2) alternate members so that the alternate members have approximately equal opportunities to serve on the Planning Board to the maximum extent possible. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. All provisions relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members, with compensation provided to the alternate members only for meetings at which they actually serve on the Board. . SECTION 3. This Local Law is adopted in accordance with Municipal Home Rule Law (10 and is specifically intended to supersede the provisions of Town Law (267(11) and (271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest. SECTION 4. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 5. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 6. This Local Law shall take effect upon publication as required by New York State Town Law (265 and filing in the Office of the New York Secretary of State. 3.0hearing 3. 1 Ordering Demolition and removal of Structure on Property owned by Freida LaBarge in care of Gordon LaBarge located at 2027 Ridge Road PULLED. Supervisor Brower-This is a property on Ridge Road that we had scheduled a hearing we are attempting to resolve this with the individual in question. . . like to give him another year to work on this and if there has not been improvement in the property at that time we may ask for a hearing at that point. Noted he has improved the property over the last couple of years. . . Councilman Brewer-Question if it is unsafe should we be giving a year? 'Supervisor Brower-No one is living in it..it is not in a condition of collapse... Talking with the County for HUD funds for this property. . . they will check into it. Councilman Brewer-Asked that the Board be kept up to date on this. Councilman Martin-Asked for an update in six months. 4.00PEN FORUM Mr. Von Lindahl-I am Counsel for the person you were talking about.. . Requested the Mr. Hatin not have anything to do with the property. . . we will make sure that the property is being taken care of. Councilman Stec-Questioned the right of our employees to go on private property? Counsel Hafner-That is part of their authority to full fill their municipal functions... as soon as they have done their job they have to leave the property, if they are concerned call the Sheriff and they will sort it out. Councilman Martin-Reviewed for the board his history on going on private property..noted that there is a fine line. . . Mr. Bill Gage-President of Citizens for Constitutional Government an outfit in Warren, Washington, Saratoga County. . . we believe in the Constitution, we do not believe in the right of government in any sense of trespassing. . . recommended that a certain individual on the Board of Health be reined in this person, take a serious look at him, I do not know if Queensbury people taxpayers have enough liability to cover this person. Keep everyone off that land unless it is a serious health issue and then get a Judge to let you go there. Mr. Thomas Wade-Moved from Glens Falls to Queensbury.. .Re: Fuller Road give deep consideration of what is prescribed by law of the land and give all taxpayers the comfort of knowing that they do have protection. . Ms. Audrey... -Re: Fuller Road I think the Town in closing the road made a poor decision.. . Fuller Road was public road for one hundred and twenty five years... this is a waste of a lot of people's time...! think there is no time for negotiation, this needs to be settled. Mr. Bob Vollaro-Re: Board of Health requested that the public health officer should be on the Board or at least present when the Board convenes its self as the Board Of Health. Re: Lead Agency when the Town was lead agent for Indian Ridge we (Planning Board) were limited in any off site judgements at all on traffic on Aviation Road because we were not lead agency. Councilman Martin-I think this is something we should give serious consideration to the Planning Board for lead agent on site plan. Mr. Gene Marino-The South Warren Snowmobile Club wants to thank you for your support. Reviewed history of the club. . . showed poster of marked trails. We will work with anyone and do anything we can to make the trails as safe and as usable as possible. Supervisor Brower-On the map do you mark where they are? Mr. Marino-Every map on every entrance you can go and at some of the main cross ways and it will say you are here. Councilman Stec-Noted that the map is not accurate. The Queensbury portion is not well marked. Mr. George Stec-245 Butler Pond Road The trails are not marked, I walk these trails year round... Mr. Marino-Noted he will take Mr. Stec on the trails and they will work to better mark the trails. Mr. George Stec-Noted he called Mr. Marino in the fall to ask if they had an easement of my property... when Warren Co. had the trails they had lease agreement with all the landowners.. . when it was given to the private clubs the County gave a list of the agreements to the club, the So. Warren Snowmobile Club has a lease with the City of Glens Falls and Warren Co., my name not on the lease, that trail is on my property. . . .I contacted the club and asked them to give them a lease. . . Mr. Marino-We are not using your property.. Unknown-We are using his property. . . Mr. Stec-Pointed out an error on the map the arrow pointing to Traver Road, not a traiL.. Councilman Martin-It sounds like we have a club that wants to accommodate but we have to quantify what we are looking for. Supervisor Brower-Noted he met with Mr. Bill Remington Warren Co. DPW and asked him to plow the parking lots for the snowmobiles... he noted he will take care of the three parking lots. Mr. Craig MacEwan-I got the impression that you felt that the Snowmobile Club was negligent for that man's death... Councilman Stec-Ifthe snowmobile trails were marked it is likely that, that guy would not have been lost. Mr. MacEwan-Is it town property? Councilman Stec-City property. This is a city issue, but I think 100% in favor of recreation I have no problems with snowmobiles but snowmobiles on snowmobiles place. Mr. MacEwan-I do not think it was fair to imply that, that organization was liable or negligent for that mans death. We have a half million dollars in our recreation fund, cough up about five grand and mark all the towns trails. You have a recreation department that can do it, put the town people to do it. Councilman Brewer-That money is not so easily just taken out of that recreation fund. Councilman Stec- That is not our property or our trails. Between the City or the Club one of those two organizations could have marked the trails better. Supervisor Brower-Noted he talked to the Mayor on Friday, I mentioned about changing the chain to the gate and other locations around the water shed he said he would look into it. Mr. Pliney Tucker-Division Road Re: Tom Johnson ask me to check and find out why we are not getting a report from the labor board on Johnny Johnson's death? Counsel Hafner-All the papers have been filed, it is before the State Agency that is hearing the appeal they were supposed to according to their own rules give us back an answer at the end of November and despite our following up they are not giving us the report. Mr. Tucker-Is Ben Pratt still a partner in your organization. Counsel Hafner-A Senior Partner. Mr. Tucker-Would you have Ben Pratt contact somebody at the labor department.. . these people deserve an answer it was supposed to be settled by the first of the year. Supervisor Brower-Definitely check into it. Mr. Bob Schultz-2458 Ridge Road read a letter to the Town Board (letter has been placed on file) copies of the letter to Town Board, Highway Supt., County Sheriff, Town Judge Muller, and to the Post Star Regarding Fuller Road RE: So. Warren Snowmobile Club, apparently the Town has given them financial help I call your attention to page 29 in the State Constitution Article 8 Local Finances Section 1, you are prohibited from giving or lending public funds to a private corporation or association or any aid of any private undertaking unless there is a compelling state purpose involved... .Re: Mr. Hatin's ability to go on property in my opinion the Town Lawyers had it wrong you cannot go on some ones property to do your job, you have to get a warrant from a judge. Judge Michael Muller-I was invited to come to the meeting in a telephone conversation with Dan Stec. It is not appropriate for the Judge to comment on a pending case, and the case that was before me as a Town Judge is no longer a pending case. There were eight people charged with trespass and my job as a Town Judge is to analyze once a motion an application was made by Defense Counsel all the issues to see where it is worthy of going forward with a trail. Simply put, there is no dispute nor credible evidence to controvert the Defendents contention that Fuller as a Highway by use should not be closed. The reported act of closure is without legal effect. I stand by those words but I have to tell you those words have import with respect to the criminal matter that is the trespass matter, the eight people who trespassed in my mind and in my decision there was no possible way that the Prosecution could ever prove that case beyond a reasonable doubt. The more important reason why I made that decision was that there was no opposition by the Prosecution. The Constitutions dictates that I must make a decision where there is no opposition by the Prosecution in the favor of the defendant. Do not read anything wider into that. I never said now you have to turn around and open the road, that is your civil decision, you gentlemen make the decision as you see fit, you are not in violation of any decision I have made on this small criminal matter, if you feel that the road should remain closed then do so, again the Justice Court has no position on it and shouldn't. Councilman Stec- Thanked Judge Muller for coming. . . Councilman Martin-. . . noted he took great offense of someone taking his integrity and putting it out there like that. . . there are few things in this world that I value very stongly and that is my honesty and my integrity and when it is called into question. I was dealt a bad situation and I am trying my darnest as a sitting board member to make the best of it. Councilman Stec-We inherited this, this was kicking around for five years and I really feel put off that it is put on us that you are expecting a resolution in five weeks. . . I take offense to the insult that I was served also. Mr. Schultz-Spoke to the Board... you have to say open the road and take the barriers down... Councilman Martin-Speaking for me personally I honestly feel that road should be opened. Mr. John Rowell-Concerned Citizen from Glens Falls When Mr. Schultz took the Queensbury Town Board to court in Albany, by a decision off our to one they threw his complaints out, he appealed it and again it was thrown out. . . wrote a letter to the Post Star which took a week and a half to get in and the last comment I made, the Queensbury Town Board has a tough decision to make and I hope they make the right one. I am still for the Rowlands. Mr. Von Lendall-Spoke to the Town Board regarding a Republic and a Democracy... Unknown-Everyone recognizes that you are going to do the right thing and if you don't how will you explain it to someone else that may come and ask that the road be closed in front of their house, don't set a precedent like that. Mr. Bernard Rahill-Noted he taught U.S. Government on the High School level and I am a Political Scientist... this piece of property existed for a long period of time as a parcel in the Town of Queensbury during our history therefore it is a land a road by use and it is part of our law and we just don't go along and say well I do not comply with the law. Mr. Bill Buckwell-Route 9L When are you going to make a decision on this? Discussion held between Board Members. . . suggested the item be brought up on the 28th. Mr. Unknown-Spoke about closing of Fuller Road.. . noted that the Rowlands knew the law and time frames. . . noted they brought this on themselves. . . 5.00PEN FORUM (3 mins. on resolutions) Mr. Pliney Tucker-Res. 6.12 Resolution authorizing amendment to the Intermunicipal Agreement with the Town of Moreau for the Sale of Water, what are you doing there? Counsel Hafner-Moreau has not finished getting the approvals that they need, our contract said that if they did not get their approvals by a certain date which was a few months ago that either party could terminate the contract, that right is making them concerned and they need to have the extension of the contract so that they can finalize the agreements with their engineers. This whole amendment is just to extend that period, it does not change our obligations about providing water in fact it provides that they have to make an initial payment for us to be able to do some of our engineering work during this intervening time. Mr. Pliney Tucker-6.13 Resolution authorizing agreement between the Town of Queensbury and QEDC. Is this a good agreement? Comptroller Hess-I have two resolutions to question and this is one, I am aware there were amendments that happened today I just saw copies tonight, I am asking the Town Board to not pass this resolution because I do not think it provides a reasonable level of accountability. We need to define how they will be accountable what the level of responsibility is and who holds that responsibility and what the audit requirement. The term audit is used in the heading it is not used in the text of a paragraph and it is not defined, I would ask that you hold this resolution until it is looked at. Counsel Hafner-The contract says that the QEDC shall allow the Town access to its financial records and statements on reasonable notice to the QEDC, the QEDC shall furnish the town with financial statements in a format prescribed by the Town at such time as the Town may require. This gives us the right to ask for whatever financial information that we want and they have to give it to us in the form that we ask. Comptroller Hess-Counsel may be happy with that your Comptroller is not. Mr. Tucker-I think accountability to the Board and the Comptroller is a good step to take here. Counsel Hafner-If the Town Board wants something further, we gave it to the Town Board two months ago we gave it to you when you came in and give us what ever comments, we made the comments that we received from the Town Board we will make any more that you ask. Comptroller Hess-I think that the Comptroller has every right to have input into what the language says on accountability, until that is heard I will object. Councilman Stec-Bob, I agree, I would rather err on the side of caution, with this kind of money and if you feel it is redundant as long as it is not contradictory. Counsel Hafner-We work for you whatever you want we will do I will make the change. Councilman Stec-I would rather be prudent with taxpayers money. Counsel Hafner-I think it already gives us the right for whatever information we want, you want more detail we will put it in. Supervisor Brower-I am a little concerned that you were not able to iron this out with them today, Henry, that is all. Comptroller Hess-I did not know you had a meeting today, I was not invited to a meeting. Supervisor Brower-You were not invited to this meeting? Comptroller Hess-..you said iron it out with who? Supervisor Brower-With Chris they had a meeting today, QEDC had a meeting today. Comptroller Hess-I saw the resolution at Friday afternoon, you had not asked me to sit down and talk to you about it, nobody ask me to sit down with QEDC about it, I was not provided a copy of it in advance. I am not arguing that you have the authority to do this, I am telling you that I think it is weak language and I think it should be strengthened. Councilman Stec-Do you have any suggestions? Comptroller Hess-I do not want to negotiate it here but I do have specific suggestions. Supervisor Brower-Was this approved at the QEDC meeting? Executive Director Round-It is a contract that the Town has to forward to QEDC we saw a draft two months ago we made comments in it gave it back to the Town Board and Counsel it was not my job to bring it to Henry. The Supervisor had several areas of concern which I passed on to Town Counsel and we made those changes. Supervisor Brower-Noted the resolution will be held.. . Henry I would like you to work on wording that would be helpful. Comptroller Hess-I think it is something that is easily ironed out and something that everybody will be content with. One other comment on 6.5 re: CSEA contract... there is a draft, it refers to the Comptroller and the CSEA, is there a more recent draft of the contract amendment than this, is this what you are adopting? There is no detail here the reason I am asking the question, the contract as it is written has dollar amounts the total dollar amount that the uniform may cost the percentage that the town may pay up to a certain dollar amount and it has specific limitations, do you intend to have a limitation or suspend the limitation on this? Councilman Brewer-What we are saying here is the additional expense for those fire retardant uniforms we will pay for it. Supervisor Brower-That is all we agreed to do. Comptroller Hess-Do you have a price list on those? Councilman Brewer-Didn't you give that to us when we discussed this it was like two dollars or something. . . Comptroller Hess-I gave you a memo that when you are ready to talk about this, I will get you prices..you never talked to me about it. . . .noted fire retardant comes in a number of different price ranges. . . Counsel Hafner-Asked that this be held and clarify this in the next two weeks. 6. ORE SOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED TAPPING FEES FOR WATER DEPARTMENT RESOLUTION NO.: 68,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury previously established tapping fees to cover the cost of Town ownership and installation of water services and meters installed for residents and businesses receiving Town water service, and WHEREAS, the Town Water Superintendent has informed the Town Board that as a result of the Town's transition to a radio read meter system, there has been an increase in the cost of providing water taps for new customers within the water district, and WHEREAS, the Water Superintendent has evaluated these cost increases and has recommended that the Town Board increase its tapping fees to reflect the increase in meter prices, and WHEREAS, the Water Superintendent has proposed a new tapping fee schedule as follows: PRESENT FEE PROPOSED FEEPRESENT FEE W / PROPOSED FEE W / SIZE WITH METER WITH METER METER ONLY METER ONLY %" Short$ %" Long$ 1" Short $ 1" Long $ 1 \;2" Short 450.00 1 \;2" Long 300.00 450.00 600.00 800.00 $ 900.00 $ 400.00 $ 550.00 $ 700.00 $ 900.00 $ 900.00 $ 100.00 $ 200.00 $ 175.00 $ 275.00 $ 325.00 $ $1,200.00 $1,200.00 2" Short $1,200.00 2" Long $1,500.00 $1,200.00 $1,500.00 $ 350.00 $ 500.00 and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed new tapping fee schedule, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on March 6th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed increase in tapping fees, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than five (5) days prior to the hearing date. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED WATER RATE INCREASE FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. 69,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established water rates for the Shore Colony Water District, and WHEREAS, in past years the Shore Colony Water District has generated a disproportionate share of its revenue from property taxes which should be used to fund only debt service and other capital expenditures and that, at the expense to property taxpayers, the rates charged to water uses have been artificially low, and WHEREAS, the year 2000 budget adopted by the Town Board reallocated revenue sources to correct this inequity and discrepancy by lowering year 2000 tax rates in the Shore Colony Water District from $1.034 to $.608 per $1,000 and it is necessary to generate revenue from water users to offset the reduced property taxes, and WHEREAS, the Water Superintendent now recommends that the Town Board raise the Shore Colony Water District water rates from $69 to $120 per year, to be billed during the May 1st, 2000 billing, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed new water rates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on March 6th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed water rate increases for the Shore Colony Water District, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town not less than five (5) days prior to the hearing date. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.2 OF 2000 TO AMEND QUEENSBURY TOWN CODE CHAPTER 168, ARTICLE I ENTITLED, "SNOWMOBILES" RESOLUTION NO. 70.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of Local Law No.: 2 of 2000 amending Queensbury Town Code Chapter 168, Article I entitled, "Snowmobiles," to delete ~ 168- 3 entitled "Permitted highways," so that snowmobiles will no longer be allowed to be operated on the section of Peggy Ann Road currently designated in ~168-3, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on February 28th, 2000, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: 2 of 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: 2 of 2000 in the manner provided by law. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR ONE FOUR WHEEL DRIVE LOADER FOR TOWN WATER DEPARTMENT RESOLUTION NO 71. 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Water Superintendent wishes to advertise for bids for the purchase of one (1) new four wheel drive loader as described in bid specifications prepared by the Water Superintendent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish an advertisement for bids for one (1) new four wheel drive loader for the Town Water Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 72.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to authorize fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that funds be transferred and the 1999 Town Budget be amended as follows: ACCOUNT REVIEW BY COMPTROLLER: FROM: TO: $ AMOUNT: 01-1910-4400 01-1650-4100 5,000. (Unalloc. Insurance) (Telephone Use) 01-1910-4400 01-1950-4400 1,815. (Unalloc. Insurance) (Property Taxes) 01-1680-2032 01-1680-4060 2,040. (Software) (Serv. Contracts) 01-9010-8010 01-9089-8089 4)00. (Employers' Retirement) (Other Empl. Benefits) 01-3510-1640-0002 01-3510-4400 1,450. (Animal Control Officer OT) (Misc. Contr. Animal Control) 01-1990-4400 01-3510-4400 3,000. (Contingency) (Misc. Contr. Animal Control) ACCOUNT REVIEW BY COMPTROLLER: FROM: TO: $ AMOUNT: 01-1990-4400 01-3410-1630 3,200. (Contingency) (Fire Marshal) 01-1410-4400 01-1410-2001 94. (Misc. Contractual) (Misc. Equip. - Town Clerk) 01-1990-4400 01-1315-4720 2,500. (Contingency) (Controller's consulting) Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 73,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to authorize fund transfers for the 2000 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that funds be transferred and the 2000 Town Budget be amended as follows: SIDEWALKS: FROM: TO: $ AMOUNT: 01-5410-4400 01-5410-2045 (Equipment) 700. TAX RECEIVER: FROM: TO: $ AMOUNT: 01-1990-1002 (Payroll Contingency) 01-1330-1130 (Deputy Tax Receiver) 2,391. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALITY DEVELOPMENT/NAOMI POLITO RESOLUTION NO.: 74,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Northeast Reality DevelopmentlNaomi Polito (Northeast Reality) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 6th, 2000 through June 10th, 2000 to sell motorcycle products at 1652 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant's prior applications and recommended approval of the prior applications with the condition that the applicant coordinate traffic control with the Warren County Sheriffs Department, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code ~ 160- 8, the Town Board hereby grants a Transient Merchant/ Transient Merchant Market License to Northeast Reality DevelopmentlNaomi Polito to conduct a transient merchant market to sell motorcycle products in the parking lot located at 1652 State Route 9, Queensbury, subject to the following: 1. Northeast Reality must pay all fees as required by Town Code Chapter 160; 2. Northeast Reality must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Northeast Reality must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 6th through June 10th, 2000 from 9:00 a.m. to 10:00 p.m., and the license shall expire immediately thereafter; 5. This approval is conditioned upon Northeast Reality coordinating traffic control with the Warren County Sheriffs Department; 6. The Transient Merchant License shall not be assignable; and 7. Northeast Reality must comply with all regulations specified in Town Code ~160-8. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ALONG CORINTH ROAD RESOLUTION NO.: 75.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to arrange for the placement of a street light on Pole #125, Corinth Road at the entrance to Hudson Pointe in Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the installation of a 100 watt high pressure lamp on Niagara Mohawk Pole #125, Corinth Road at the entrance to Hudson Pointe in Queensbury with payment for the lighting to be billed to the West Queensbury Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to make all necessary installation arrangements with Niagara Mohawk Power Corporation and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION DESIGNATING POLLING PLACES RESOLUTION NO. 76, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy Brewer WHEREAS, in accordance with New York State Election Law (4-104, the Queensbury Town Board must submit a listing of the Town's polling places for each Election District to the Warren County Board of Elections, and WHEREAS, each location is accessible to the physically handicapped in accordance with Election Law (4-104-1-a, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby designates the following locations as the Town's polling places for each Election District: W ARD/ELECTION DISTRICT LOCATION 1/1 1/2 1/3 1/4 North Queensbury Firehouse Bay Ridge Firehouse Bay Ridge Firehouse Warren County Municipal Center 2/1 2/2 2/3 2/4 2/5 3/1 3/2 3/3 3/4 W ARD/ELECTION DISTRICT South Queensbury Firehouse Queensbury Activity Center Queensbury Central Firehouse Queensbury Activity Center Warren County Municipal Center Queensbury Senior High Queensbury Senior High Queensbury 4-5 School Lobby Area Kensington Road School LOCATION 4/1 4/2 West Glens Falls Firehouse (VanDusen/Luzerne) West Glens Falls Firehouse (VanDusen/Luzerne) 4/3 4/4 4/5 4/6 West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (VanDusen/Luzerne) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections. Duly adopted this 14th day of February, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None (Councilman Brewer step out of the meeting) RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY JUDY ANN DUFOUR RESOLUTION NO.: 77.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Judy Ann Dufour has commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury for the 1998 assessment year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed this case with Town Counsel, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by Judy Ann Dufour for the 1998 tax year in accordance with the following revised assessment value: Parcel - Tax Map No.: Revised Assessment for 1998: 1 Lawton Avenue 70-2-14 $68,000 and BE IT FURTHER, RESOLVED, that any refunds paid to Judy Ann Dufour as a result of this settlement shall be without interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AMENDMENT TO INTERMUNICIPAL AGREEMENT WITH TOWN OF MOREAU FOR SALE OF WATER RESOLUTION NO.: 78.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 492,98 the Town Board of the Town of Queensbury entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, the Intermunicipal Agreement provided, among other things, that if certain contingencies were not met by October 31, 1999, either party could terminate the Intermunicipal Agreement, and WHEREAS, Queensbury and Moreau both wish to extend this period, and WHEREAS, Queensbury has been asked to arrange for certain engineering work and will use funds it receives pursuant to the Intermunicipal Agreement to do so, and WHEREAS, the location of connection to the River Crossing impacts the cost of this project to Queensbury, and WHEREAS, for these reasons, Queensbury and Moreau wish to amend the Intermunicipal Agreement, and WHEREAS, a copy of a Draft Amendment to Intermunicipal Agreement has been presented at this meeting and the Town Board has determined that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of an Amendment to Intermunicipal Agreement with the Town of Moreau, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute an Amendment to Intermunicipal Agreement in form approved by Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer 7. o CORRESPONDENCE Councilman Martin-Received a letter from Courthouse Estates Homeowners Assoc. It says, Enclosed please find a copy of the petition we have circulated in our Courthouse Estates neighborhood with attached signatures. I know that you are familiar with this situation, our concerns about it, I have sent your fellow council members copies of this same petition I know you will convey them our fears about what will happen to our neighborhood if this road goes thorough. The road referring to the service road. We want them also to consider the cost of this undertaking for little benefit and to look at other options available. I hope you will encourage them to come and survey this property first and consult with us further before making any decisions we appreciate your help in this matter. Please keep us posted on developments. Thank you. Sincerely, Linda Hudon, Courthouse Estates Home Owners Association. We are trying to get this on for a public open discussion for March 6th. 8.0TOWN COUNCILMEN'S CONCERNS Councilman Stec-Re: Snowmobiles I have received a few complaints from residents in my Ward concerning the operation of snowmobiles on their private property. Noted it is hard to identify an individual snowmobile rider. . . as far as the snowmobile system in Queensbury goes I have walked the entire length of the trail in the last few weekends and the trails are not marked clearly they are not marked snowmobile use there is an occasional arrow on a tree. . . the financial liability of the accident that happened a few weeks ago clearly is going to rest with either the City of Glens Falls that owns the property or the Snowmobile Club that operates and maintains the trails. My point is that if the City of Glens Falls and the Snowmobile Club is unwilling to recognize a safety hazard in Ward 3 it is beholding on the Town Board to act where others are failing to act. The very little thing that we can do is we can and I think we have a responsibility and duty to the Citizens of the Town in the interest of public safety to put those concerns to the forefront and we have every right to attach strings to any future money that we may contact with. I am one hundred percent behind the snowmobiler desire and right to have an opportunity. We have rich coffers we have the assets and we have the ability to do this. What we need is the will and some cooperation with other municipalities and organizations. But we are there failing to act in the interest of public safety is where I have the issue. I recognize that we need to accommodate the snowmobile interest as much as possible but by the same token we have a duty to the public safety and I think that comes over the rights of the citizen recreationalist. I have lived there I have grown up there, there is a safety issue they are riding on Town Roads and if there is an accident on a Town Road there is going to be a liability incurred by the Town. This particular accident that happened that is the Cities business, I stand by my words if the trails were marked, drinking or not drinking, dark or not dark the guy probably would not have been off the trail and as soon as you get off the trail that is when you start having to worry about chains across roads, trees falling across skid trails that is when accidents happen. For a very minimal effort somebody either the City could have required it or the Snowmobile Club could have done it or hindsight is twenty, twenty but next year we will do it, we are going to be a little more stringent on what we want to be seen done with our money. In the Town of Queensbury we should see these leases and easements that have been given we should have a list. Councilman Martin-In next years agreement we have to set some standards and criteria for these guys to follow. Councilman Brewer-Suggest that we set some standards that we want to apply next year and attach it to the contract we have right now so they can at least have an idea what we are going to do. Councilman Martin-Suggested contacting the recreation commission and staff to help develop standards. Mr. Tucker-Noted that the five thousand dollars this year and five thousand next year was given to the Club for part payment for a groomer and that was the extent of the agreement. . . 9.0PLANNED DISCUSSION 9.lINDIANRIDGE PUD Mr. Mathew J. Jones-Attorney for the applicant in the Indian Ridge Planned Unit Development. Provided the Town Board with the most recent draft of the Indian Ridge PUD Agreement. High Points of Agreement: Legal function to complete rezoning resolution as Adopted on August 19th 1996 Practical function of the agreement is to put into place what's on the master plan map and to reduce it to writing so that you will know the project that you have is limited in terms of the density of the project, limited in terms of uses, it is limited in terms of the areas in which we can develop, it provides for phasing and how the applicant is to proceed, it takes care of technical aspects; set backs and building heights and all those other things that a Planning Board ordinarily enforce in your other ordinances. Paragraph 1 Density limitation 75 SF homes located outside the CEA which is along the top of the ridge 2. Single subdividable one acre parcel for a community center 3. Ten acre lot used for Senior Citizens housing and or educational library kinds of uses if the later two were to be adopted the town would purchase the land and we made a provision to purchase the land if you do not it will be developed as a Senior Citizen parcel. 4. Land conservancy deed to Town 500 feet back from the top of the bank all out side the CEA 5. No Cut zone within the top of the bank 150 feet which fronts parallel to our boundary line 6. Access point.. . from subdivision to the Town of Queensbury lands.. .70 feet wide... used for passive recreational area... 7. School District access.. .14' wide paved limited use for pedestrian access, non-motorized bicycles and emergency vehicular access only. The School District may at some point in the future they may want to access onto Manor Drive if they do that they will have to come back to the Town and get your permission to use any part of this parcel that we are deeding for that purpose. The Town will not have the authority to grant permission to ingress or egress into the subdivision. Councilman Martin-At what phase will this be paved and break away barriers etc. Mr. Jones-Completion of Phase II. Deed it to the School Dist. prior to the completion of phase III. Councilman Martin-Re: Access in the Conservation Area is there any sort of built access to that or is that just property? Mr. Jones-This will be retained with an HOA here and not deed this parcel to the Town. Maybe a sidewalk but maybe just grass. The transportation system you control Fox Farm coming in, we have talked about this being for ingress the entrance into the site but not to exit. I have not made any provision specifically for that in the agreement because that is a call that this Board or future Boards may wish to change. Pages 3,4,5 are development standards which come out of your code book, there is nothing new. Councilman Martin-The Senior parcels can accommodate sixty-one units. Mr. Jones-Sixty one maximum. Page 7 Option for Town to acquire the parcel the purchase price is One Hundred and Ninety Thousand Dollars ... following final approval you would have six months in order to make that decision an additional six months to close. Councilman Martin-Noted at the time we had someone to step in with the Senior Housing project...it was pending, grant application...is there anything like that now? Mr. Jones-National Church Group is still to be contacted... Councilman Martin-Questioned the Six months. . . is that enough time. . . Board requested 18 months. Mr. Jones-Recreation fees we are going to pay to you. Stages are four... Paragraph 16 General Provisions relate to the agreement with the School Dist. talks about lighting and break away gates and sidewalks. . . Councilman Martin-Was that confirmed that they could walk to the school and not be bussed? Unknown-State law says a mile and a half. Councilman Martin-No Cut zones? Mr. Jones-Showed the map of the no cut zone... If the document meets with your approval I would ask that it be included as a resolution on the 28th. 9.2POTENTIAL GRANT APPLICATION FOR WEST GLENS FALLS HOUSING IMPROVEMENTS AND SEWER EXTENSION-MARILYN RYBA Executive Director Round-We have been asked to look at small cities community development block grant application potential for an application this year specifically the West Glens Falls area. ...1. NY State is now administering the HUD Small Cities Program 2. Empire State Development is actually working for N.Y. State as the local administrator of the program with the State Housing Trust Fund Corp. Nine Hundred thousand dollars available for a comprehensive grant, Six hundred thousand dollars for single purpose grants.. . Fifty five million dollars available state wide and they want to distribute it geographically. Councilman Brewer-Recommended other areas such as Howard Street... Executive Director Round-We would like your conceptual approval to develop an RFP and come back to you the fist week in March to hire a consultant to complete a grant application..There is a cost associated with that. The primary purpose is housing improvement project for a designated area, when you call it a comprehensive application it will have other purposes, economic development, public facilities, environmental concerns. We have talked to several agencies including Warren Co. and Shelter Planning we do not think we have a good makings for a comprehensive application because of what we are looking as those target and we talked to Ralph about water and sewer as a logical extension as a logical extension of sewer on Corinth Road and we are not able, our initial wash to make a good comprehensive application but we will make that determination further on. We are looking at a single purpose grant it is a housing improvement grant, it is a long term project. Dead line April 24th. . . we have to close out our grant that we have right now the HUD grant, AMG... still seventy five hundred dollars left we have to spend before we request other money, we are now processing the paper work with HUD right now. Board agreed to go on with the process. 9 .3COURTESY PAY PHONE IN LOBBY Councilman Brewer-Talked to Chuck Rice, recommended a phone in the hallway across from the Town Clerk a courtesy phone. . .. Town Clerk Dougher-Suggested an outside phone somewhere on the property to accommodate our residents that may break down near the intersection or have an accident. . . Board requested that Ms. Dougher contact Mr. Rice and work out details. . . 1O.0ATTORNEY MATTERS Town Counsel Hafner-requested executive session... 11.0EXECUTIVE SESSION RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 79.2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss two personnel matters. Duly adopted this 14th day of February, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 80.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED By; Mr. Dennis Brower RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back in to Regular Session. Duly adopted this 14th day of February, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None RESOLUTION CREATING TEMPORARY CEMETERY ADMINISTRATOR POSITION AND APPOINTING MICHAEL LOPEZ AS TEMPORARY CEMETERY ADMINISTRATOR RESOLUTION NO. 81,2000 INTRODUCED BY Councilman Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Councilman Daniel Stec WHEREAS, the Town of Queensbury's Cemetery Superintendent, Rodney Mosher, is currently out of work due to medical illness, and WHEREAS, during Mr. Mosher's absence, the Working Foreman, Michael Lopez, has been performing additional, more demanding duties and is therefore working out -of-title, and WHEREAS, no higher out -of-title position exists for Mr. Lopez for the duties he is currently performing, and WHEREAS, under the Union Contract Mr. Lopez is receiving the proper salary for the Working Foreman position, and WHEREAS, the Union approached the Town to request that Mr. Lopez be compensated for his increased duties, and WHEREAS, the Town Board feels that in this particular case there should be a higher out-of-title position for Mr. Lopez and therefore, the Town Board wishes to create the higher position for the Cemetery Department, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates the position of Temporary Cemetery Administrator for the Town's Cemetery Department, and BE IT FURTHER, RESOLVED, that the Town Board hereby appoints Michael Lopez as Temporary Cemetery Administrator effective February 15th, 2000 for the hourly salary of $15.61 ($1 more per hour than the salary Mr. Lopez currently earns as Working Foreman), and BE IT FURTHER, RESOLVED, that this arrangement shall immediately terminate upon the Cemetery Superintendent's return to work or upon such time as the Town Board shall otherwise determine, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to enter into and execute an Agreement with the Civil Service Employees Association regarding this temporary arrangement in form acceptable to Town Counsel, with the condition that this Agreement shall not set any precedent for any other Union employee, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel, the Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 14th day of February, 2000, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 82.2000 INTRODUCED BY: Mr. Dennis Brower WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board Meeting of the Queensbury Town Board is hereby adjourned. Duly adopted this 14th day of February, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury