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1991-12-13 SPECIAL TOWN BOARD MEETING DECEMBER 13, 1991 8:45 a.rn. MTG#61 RES 662 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman Ronald Montesi Councilman Betty Monahan Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka Councilman Marilyn Potenza Supervisor Borgos-Opened the Special Town Board Meeting Proposal to take action on the rezoning request of 1. Buckley Bryan Property... Warren County Planning Board acted favorably on this proposal. Requested Mrs. York Speak to the Board. Mrs. Lee York-The Board passed it unanimously with the condition that it be used for Senior Housing Only. Discussion held on proposed resolution to rezoning Bryan property....first change discussed page 5 #2 Attorney Dusek noted that condition 2 deals with certain trees and shrubs being left on Fox Farm Road, I have mixed feelings if you want this left in because first of all the project is well away from Fox Farm Road and it will not have access... Councilman Montesi - I think our biggest concern was that if we were going to rezone all 24 acres or 20 acres that we wanted to assure the people on Fox Farm Road that we were not going to come out there, that they would still have some trees to look at. I am not sure that this is fair to Buckey only because if he does come back and ask for rezoning of that parcel who knows what his plan will look like and ultimately he may need to use some of that land for whatever... Councilman Monahan-When we were talking about the 22 acres and the neighbors had those concerns, fine now, I almost think we are almost in the area if immanent domain type of thing when we are putting conditions on other lands that he owns but is not a part of this rezoning...!t was agreed upon by the entire Board to delete the whole paragraph 2- Attorney Dusek suggested the following - #2 The subject five + or - acres premises to be rezoned and Senior Citizens HUD Project shall not have access or egress to or from Fox Farm Road. Agreed to by the Town Board.... #3 Councilman Monahan requested that water saving devices be installed when practica1..#3 Add after the sentence ending in systems. (add) To the extent practicable water saving plumbing fixtures shall be used. Councilman Monahan-asked that some mitigation measurers be added...Change #5 to 6 and add a new number 5) All practical steps shall be taken to identify and preserve or enhance, to the extent practicable the habitats, if any, of endangered animals or plants on the premises. Agreed to by the Town Board... RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY 1. BUCKLEY BRYAN, JR. (TAX MAP NO.: 73-1-22) FROM RR-3A TO MR-5 RESOLUTION NO. 662,1991 INTRODUCED BY: ENTIRE TOWN BOARD WHO MOVED ITS ADOPTION WHEREAS, the Town Board of the Town of Queensbury held a public hearing, considered and voted on a proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance, which provided for the rezoning of an approximately 25 acre parcel owned by 1. Buckley Bryan, Jr., bearing tax map number 73-1-22, and the same being more specifically described in a deed filed in the Warren County Clerk's Office at Book 673, Page 92, and a map entitled "Map of a Survey Made for Kennedy-Bates Development Company, Inc. ", by VanDusen & Steves (copies of the same being presented at this meeting), and WHEREAS, the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance and Map was to change the aforedescribed 25 +\- parcel of land from the current zoning designation ofRR-3A (Rural Residential- One Principal Building Allowed for Every 3 Acres Within the Zone) to the zoning designation ofMR-5 (Multi-Family Residential - 1 Dwelling Unit for Every 5,000 Square Feet of Land Area Within the Zone), subject to certain conditions, and WHEREAS, one of the principal purposes of the rezoning was to allow the construction of a 41 unit HUD senior citizens residential complex on approximately 5 acres of the 25 acres of land to be rezoned; the remaining property was to be developed as MR-5 but in a manner consistent with the development of the aforesaid senior citizens complex, and WHEREAS, the vote by the Town Board of the Town of Queensbury to rezone the property as set forth above failed to result in a rezoning as four (4) votes were needed in accordance with the provisions of the General Municipal Law of the State of New York due to the disapproval of the project by the Warren County Planning Board, and WHEREAS, in the opinion of the Town Board, it would appear that one of the major reasons the project was not approved by a sufficient majority of the Town Board was due to concerns of traffic congestion and other environmental impacts associated with a full development of the property as proposed, and WHEREAS, the Town Board of the Town of Queensbury has been informed by Mr. Bryan, Jr. that he would be interested in pursuing a rezoning of only part of the property, aforedescribed, in a size of approximately 5 +/- acres so that the aforesaid 41 unit HUD Senior Citizens Residential Complex could be constructed, and WHEREAS, it is the understanding of the Town Board that the proposal now presented to the Board for consideration is to rezone from RR-3A (Rural Residential - 1 Principal Building Allowed for Every 3 Acres Within the Zone) to MR-5 (Multi-family Residential - 1 Dwelling Unit for Every 5,000 Square Feet of Land Within the Zone) that portion of property consisting of approximately 5 +\- acres situated within the boundaries of that property having a tax map number set forth in the Town of Queensbury Zoning Map Book as 73-1-22 and Warren County deed reference of Book 673, Page 92, the same property being located off of Fox Farm Road (off of Aviation Road), in the Town of Queensbury, and WHEREAS, the revised proposed change of zone would appear to eliminate the concerns of traffic congestion and other environmental impacts and be compatible with the relevant portions of the Comprehensive Land Use Master Plan of the Town of Queensbury as it promotes affordable senior citizen housing and for the reasons more specifically set forth herein, and WHEREAS, the subject premises would seem to accommodate housing for senior citizens and individuals with unique needs and it would seem, from experiences of the members of the Town Board of the Town of Queensbury, that it would be difficult to find another location which would provide the secluded atmosphere, yet the proximity to services, and WHEREAS, it would appear the community interest would be generally served by providing housing for a segment of the population which currently has limited housing options, and WHEREAS, the senior citizens housing complex would be assisted by a Federal Aid or Grant Program, and it is necessary to take immediate and quick action to preserve said grant program, and WHEREAS, as a result of the public hearings and discussions had relative to this zoning proposal, the Town Board of the Town of Queensbury feels that the citizens generally support rezoning of a portion of Mr. Bryan's property, consisting of approximately 5 +/- acres, and WHEREAS, the Town Board has held the public hearing required by Town Law Section 265, provided notice as required therein, and has received notice that the Warren County Planning Board has approved this rezoning, and WHEREAS, the Town Board of the Town of Queensbury has given due consideration to all comments made on this and the previous application for rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone that portion of property owned by 1. Buckley Bryan, Jr. bearing Town of Queensbury Tax Map No. 73-1-22, and consisting of approximately 5+\- acres and situated in the southeasterly corner of said parcel as more specifically shown on a sketch made for National Church Residences by VanDusen & Steves dated December 9, 1991 and presented at the public hearing of December 10, 1991, from the current zoning designation ofRR-3A (Rural Residential- 1 Principal Building Allowed for Every 3 Acres Within the Zone) to the zoning designation ofMR-5 (Multi-Family Residential- 1 Dwelling Unit for Every 5,000 square feet of Land Area Within the Zone) subject to the conditions, which shall be generally as follows: 1) The subject premises shall be used for the purpose of constructing a 41 Unit HUD Section 202 Project for Senior Citizens; and 2) The subject 5 + - acre premises to be rezoned and Senior Citizens HUD Projects shall not have access for egress to or from Fox Farm Road. 3) Standard field percolation tests shall be conducted for verification of laboratory permeability test results, prior to any subdivision approval or site plan approval requiring subsurface sewage disposal and stormwater infiltration systems. To the extent practicable water saving plumbing fixtures shall be used. In the event that suitable septic systems cannot be built in compliance with all State and Local Laws, development of the property with dwelling units or other buildings will be limited to a number or square footage for which proper septic systems can be constructed; and 4) The subject premises shall be developed in accordance with the Town of Queensbury Zoning Ordinance, except as otherwise provided herein, and all subdivision approvals and/or site plan approvals shall be obtained and recreation fees imposed by law shall be paid as is usually required for any other project requiring subdivision or site plan approval; and 5) All practical steps shall be taken to identify and preserve or enhance, to the extent practicable the habitats, if any, of endangered animals or plants on the premises. 6) The change of zone shall be granted subject to voluntary covenants and restrictions imposed upon the subject premises by the applicant herein, Mr. 1. Buckley Bryan, Jr., and subject to revision only with Town Board of the Town of Queensbury consent, as set forth in a written instnnnent to be duly recorded in the Office of the Clerk of Warren County and this resolution and said change of zone shall become effective only upon Town Board approval of the covenants and restrictions and recording of the same by the Town Board, and BE IT FURTHER, RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article II of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect ten (10) days after said publication. Duly adopted this 12th day of December, 1991, by the following vote: AYES Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT: Mr. Kurosaka, Mrs. Potenza Councilman Monahan- I would like to thank Mrs. York and Mr. Dusek for all the time and effort and cooperation that they have done for this project. Supervisor Borgos-I will immediately call Gary Douglas and as soon as the resolution is ready it will be faxed.. . Discussion held regarding landfill charges...Councilman Monahan-it is my understanding the way that we did the resolutions on the landfill charges that regardless of whether or not the budget of the landfill is met a certain amount of those charges is locked into, to go to the closure fund... agreed to by the Board... Supervisor Borgos- Y ou should always realize, is that the rest of those expenses will float on the basis of the demand for the landfill services, if we find as we have talked, the demand is down we operate three days a week instead of six, we cut that down but we always have that amount going to closure.. . noted that the burn plant lowered its fee to $51.00 per ton. Councilman Montesi requested the Town Board's approval on working with the Town Attorney on the Hiland Park Sewer/Water Golf Course... will pass the information onto the new Board... . agreed to by the Board... Supervisor Borgos-I want to thank all of you for coming in today, it is a very important thing that has been done today, forty one apartments are now going to be available, Betty we thank you for your tireless efforts, it has been magnificent. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher-Town Clerk