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1992-11-23 TOWN BOARD MEETING NOVEMBER 23, 1992 7:00 P.M. MTG #114 RES 624-640 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN PLINEY TUCKER-COUNCILMAN BOARD MEMBER ABSENT NICK CAIMANO-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Mike Shaw, Dave Hatin, Jim Martin PRESS: G.F. Post Star, WENU PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BRANDT Supervisor Brandt called the meeting to order ... first on the agenda is a public hearing for a sewer variance connection. PUBLIC HEARING SEWER VARIANCE CONNECTION - R. F ALKOUSKI & 1. CIFONE NOTICE SHOWN 7:01 P.M. MIKE SHAW, Wastewater Superintendent-This public hearing is for a sewer variance request from a connection for Richard Falkouski, owner of 90 Glenwood Avenue, tax map number 61-1-30. I believe the Town Board has a copy of that. Attached to that copy are two estimates from registered contractors for the sewer connections, a letter from Mr. Falkouski and comments from me. SUPERVISOR BRANDT -Okay, is there anyone here to speak on this matter? Come right up, give us your name for the record. JOHN CIFONE-My name is John Cifone, I'm part owner of the property on Glenwood. We're in the process of negotiating to buy the building next to us, is one of the main reasons and if we do, we've got a plan to take it down and maybe take ours down and put a bigger one up. So we're asking for some time, for a year to see if this happens, as it states in there, you know by June or July of 93, we'll know if it's going to go through. It also, just before this, the sewer came through, we redid our own septic system at this property and it's working fine. We'd hate to go through the expense of connecting it now for fifteen hundred dollars and then having to change it again next SUllllller. COUNCILMAN GOETZ-You're willing to hook up at the end of a year? MR. CIFONE- Yea, if it doesn't work out what we're planning then we'll just hook up to what we, with what we have. COUNCILMAN GOETZ-Before the year? MR. CIFONE-Before the end of next year, yea. Not this year, 93. COUNCILMAN GOETZ-Okay, irregardless you need the one year of whatever happens. MR. CIFONE- Yea. COUNCILMAN GOETZ-Okay. Mike, you note in your letter, you noted that they're only eighteen feet from the hookup? MR. SHAW-That's correct. COUNCILMAN GOETZ-Rather than the fifty that was noted. MR. CIFONE- Yea, I didn't put that, Rick put that down. He doesn't measure. COUNCILMAN GOETZ-He just guessed, he doesn't know how to measure? MR. CIFONE- Y ea he just guessed, but he got two estimates on the fifteen hundred dollars, is correct. COUNCILMAN GOETZ-Right, we have those. MR. CIFONE-That's all we were able to get, we couldn't get three. That's basically it, nothing too complicated. SUPERVISOR BRANDT -Anyone else who wants to speak on this matter? Questions from the Board members? COUNCILMAN GOETZ-I can't see making somebody pay fifteen hundred right now before they know what they're going to do with the property. How do you feel about it? MR. SHAW-Well without, you know, having plans per se, he's spent the fifteen hundred dollars to connect that building, okay... I don't see where the front of the building would be changed at all and the connection to the sewer should be ... but he claims that he has plans to buy the piece of property next to him and then add to the building so I have no idea what he plans to propose. Just looking at that building on that lot the way it stands, if he did add to that building, I would say he would add to the back of the building and not to the front so I don't see where it would be tearing out the connection per se if he added to the existing connection that he already has. COUNCILMAN GOETZ-Based on what he's told us tonight, do you have a different recommendation or does your recommendation still will stand? MR. SHAW-Based on what he's told us, I have made a recommendation there ... COUNCILMAN GOETZ-Okay. MR. CIFONE-Can I answer that? SUPERVISOR BRANDT -Sure. MR. CIFONE-Part of our plans is to purchase an adjoining piece so we're not just dealing with the one your looking at. Your right, if that's, you've only got, I don't know sixty-seven feet ... it doesn't make alot of difference. MR. SHAW-Right, that's originally what I've given my opinion on. Any addition would be to the back of the building, it wouldn't change. MR. CIFONE-Yea but no, we're looking at going sideways, if it pans out. If not ... SUPERVISOR BRANDT-From my view point, I just as well give you an extension of time, speaking for myself. What do we have to do here to do that? COUNCILMAN MONAHAN-I think maybe there has to be some conditions on those extensions though Mike. ATTORNEY DUSEK-The resolution that's in front of you can be used either for approval or disapproval. The resolve clause on the last page is what you basically would be filling out and stating why it is your giving the extension. The rest of the resolution would be modified such that, if it was an approval, all the places where it says, approve or disapprove, disapprove would be struck. COUNCILMAN GOETZ-It would be a temporary variance. ATTORNEY DUSEK-In that resolve clause, it reads that, resolved that the Town Board hereby grants or disapproves, one or the other, approving it for a temporary variance. So you would just pick what you would like and put in the durations and the conditions. COUNCILMAN GOETZ-Right, okay. Betty do you have conditions that you think we should put on it? COUNCILMAN MONAHAN-Well, I think number one is that you know, that if an addition is built, then at that time the, in the first place I don't think your temporary variance should be more than a year, secondly, I think if an addition is built before then, then they ought to have to hook up then. Thirdly would be, if there are tenants in the building, that the current sewage disposable system is properly functioning. COUNCILMAN GOETZ-Okay, you put in a new septic, right? MR. CIFONE-We redid the existing one, leach field and all that because we were having problems with it just before it came through. MR. SHA W -Can I request to add to that, if this current system now that he has fails, that he would be required to hook up to the sewer system? MR. CIFONE-We would do that because there would be no, you know rather than put money into the existing system, it wouldn't make any sense. SUPERVISOR BRANDT-That would make sense. COUNCILMAN MONAHAN-But it should be in there. SUPERVISOR BRANDT-Yea, right so I'll offer this resolution. Well, first of all, anyone else that wants to speak on the matter? So I'll close the public hearing ... PUBLIC HEARING CLOSED 7:10 P.M. RESOLUTION APPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MESSRS. RICHARD F ALKOUSKI & JOHN CIFONE RESOLUTION NO. 624, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is authorized, pursuant to § 136-44.1 of the Code of the Town of Queensbury, to, upon request, waive the sewer connection requirement of § 136- 44 thereof or vary the time in which such connection must be made, provided that certain standards and criteria or conditions are met or demonstrated and provided that a certain procedure is followed, and WHEREAS, in granting a variance or waiver, the Town Board may consider one or all of the following circumstances: (a) The distance from the building to the town sewer pipeline to which connection is required. (b) The cost of the connection. (c) The existence or nonexistence of any physical obstructions. (d) The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e) Whether the current sewage disposal system is properly functioning. (f) Whether any rights-of-way or easements are needed in order for the applicant to make the connection to the town sewer system. (g) Whether strict application of the connection requirement of § 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of the sewer connection requirement or that the property and the district in which the property is located or otherwise conflict with the description or objections of the plan or policy of the town and that the interests of justice are served; and WHEREAS, if the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a) In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than two hundred fifty (250) feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which the sewer line must pass in order to connect to the town sewer system, the Town Board may grant a permanent waiver from the requirement that the applicant connect the subject property, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and (b) In the event that the circumstances giving rise to the request are due to excessive costs of connection, the financial loss to be sustained by the property owner in the event of nonuse of the current system or any other specified difficulty which makes it difficult or impractical for the applicant to connect to the town sewer system and the applicant is willing to pay the full and usual sewer rents or taxes accruing against the property, the Town Board may grant an extension of time, not exceeding two (2) years, in which to connect to the town sewer system, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and WHEREAS, Messrs. Richard Falkouski and John Cifone previously applied to the Town Board of the Town of Queensbury for a variance and relief from that part of the law requiring sewer connections upon the grounds that: the septic system was rebuilt just prior to the sewer district going through and it works fine; and WHEREAS, the applicant previously indicated that: 1) they will hook-up to the sewer district when there is a problem; and 2) they are considering an addition to the building, and if it goes through, they will have to tear out the existing sewer system and hook into the sewer district; and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on November 23, 1992, and WHEREAS, the Town Board has received a report from Michael Shaw, Waste Water Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby grants a temporary variance for one year, so long as: if the addition is built prior to that, at that time they are required to hookup to the sewer system and if the present system fails, they will be required to hookup to the sewer system immediately. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION APPROVING MINUTES RESOLUTION NO. 625, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes, Special and Regular of November 9th, 1992. Duly adopted this 23rd day of November, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: Mr. Caimano RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF, ENTITLED "ZONING" RESOLUTION NO. 626, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is considering amending the Code of the Town of Queensbury, Chapter 179 thereof, entitled "Zoning", which Amendment is in the form of a Local Law and is presented to this meeting of the said Town Board with this Resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency, other involved agencies having consented thereto, with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the action proposed herein, reviewing the Long Environmental Assessment Form, presented at this meeting, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board approves all responses inserted in Part I and Part II of the Long Environmental Assessment Form and the Town Supervisor is hereby authorized and directed to complete and execute, as may be necessary, a Negative Declaration indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that, pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mrs. Monahan, Mr. Tucker, Mr. Brandt NOES None ABSENT : Mr. Caimano DISCUSSION BEFORE VOTE: Councilman Monahan noted that throughout the SEQRA review where it refers to the 72 acres, it should read 72 square miles. Attorney Dusek agreed. RESOLUTION TO ENACT LOCAL LAW NUMBER 10, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF, ENTITLED "ZONING" RESOLUTION NO. 627, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled "Zoning", and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 179 thereof, Entitled 'Zoning', has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on August 24, 1992, a public hearing with regard to this local law was duly conducted, and WHEREAS, the Planning Board of the Town of Queensbury has adopted a resolution approving attached amendments to Chapter 179, entitled "Zoning" regarding said proposed local law, and WHEREAS, the Warren County Planning Board approved the proposed local law at its August 12, 1992 Board Meeting, and WHEREAS, the Adirondack Park Agency was duly notified of said proposed local law, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the proposed local law and amendment and revision to the Zoning Chapter of the Code of the Town of Queensbury will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the effects of said local law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury finds that the proposed revision and amendment to the Zoning Chapter of the Code of the Town of Queensbury is beneficial, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed local law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled "Zoning", which local law shall be known as Local Law No. 10, 1992, the same to be titled and contain such provisions as are set forth in the copy of the proposed local law presented at this meeting, and BE IT FURTHER RESOLVED, that, pursuant to the requirements of Article XIII of Chapter 179 of the Code of the Town of Queensbury, and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said Local Law be published in the Glens Falls Post Star and obtain an Affidavit of Publication, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law, and that said Local Law will take effect immediately and as soon as allowable under Law, and any part of Chapter 179 of the Code of the Town of Queensbury thereof, entitled "Zoning", which is inconsistent with said Local Law shall be deemed amended or repealed. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES None ABSENT : Mr. Caimano DISCUSSION BEFORE VOTE: Councilman Monahan referred to page 8 of the proposed local law, section 3D, 2 accessory uses. Noted Banking Facility needs to be clarified, concerned that it could mean a whole bank. Attorney Dusek noted presently there doesn't appear to be a definition for Banking Facility. A way to correct that would be to add a definition in for Banking Facility so it's limited. Noted further that I anticipate another round of zoning amendments coming through and it could be added to that. Town Board held discussion and agreed. LOCAL LAW NUMBER 10, 1992 A Local Law to amend the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 179 of the Code of the Town of Queensbury, Section 179-22, paragraph (D), is hereby amended to read as follows: D. The following uses are permitted in Plaza Commercial Zones: (1) Permitted uses: see Type II uses and accessory uses. All land uses in PC Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review and except that: (a) The substitution of a use for the same use as previously existed on a lot shall not require site plan review. (b) Uses described below which do not require the expansion of new parking areas by more than ten percent (10%) of the size of the existing parking area or by five (5) parking spaces, whichever is greater, and/or construction of new building or facilities shall not require site plan review, provided that the uses are located within an existing structure which does not require expansion of any facility at the site. [1] Day-care center. [2] Pharmacy or drug store. [3] Stationery store. [4] Hardware store. [5] Meat or food store. [6] Barber or beauty shop. [7] Clothing apparel store. [8] Musical instrument and record store. [9] Multifunction department store. [10] Sports equipment store. [11] Jewelry store. [12] Travel agency. [13] Professional office. [14] Office building. [15] Restaurant. [16] Television and radio station. [17] Retail businesses. [18] Post office and mailing services. (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Loading facility. (c) Parking facility. (d) Signs as per Chapter 140, Signs. (e) Nonenclosed deck used for restaurant, club, tavern or bar purposes. (3) Site plan review uses: (a) Type I: [1] Construction of nonresidential facility involving: [a] The physical alteration of ten (1) acres or more. [b] the use of ground- and/or surface water in excess of two million (2,000,000) gallons per day. [c] The parking of one thousand (1,000) vehicles. [d] One hundred thousand (100,000) square feet of gross floor area or more. [2] Any project or action which exceeds twenty-five percent (25%) of any threshold of this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space. [3] The expansion of any existing use by fifty percent (50%) or more of the thresholds cited in Subsection D(3)(a)[1], provided that the total use intensity exceeds those thresholds. (b) Type II: [1] Public parking garage. [2] Commercial greenhouse or nursery. [3] Planned unit development (PUD). [4] Day-care center. [5] Pharmacy or drug store. [6] Stationery store. [7] Hardware store. [8] Meat or food store. [9] Barber- and beauty shop. [10] Clothing apparel store. [11] Musical instrument and record store. [12] Multifunction department store. [13] Sports equipment store. [14] Jewelry store. [15] Travel agency. [16] Professional office. [17] Office building. [18] Restaurant. [19] Shopping mall/plaza. [20] Television and radio station. [21] Retail businesses. SECTION 2. Chapter 179 of the Code of the Town of Queensbury, Section 179-23, paragraph (D), is hereby amended to read as follows: D. The following uses are permitted in Highway Commercial Zones: (1) Permitted uses: See Type II Uses and Accessory Uses. All land uses in HC Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review, and except that: (a) The substitution of a use for the same use as previously existed on a lot shall not require site plan review. (b) Uses described below which do not require the expansion of new parking areas by more than ten percent (10%) of the size of the existing parking area or by five (5) parking spaces, whichever is greater, and/or construction of new buildings or facilities shall not require site plan review, provided that the uses are located within an existing structure, which does not require expansion of any facility at the site. [1] Day-care center. [2] Pharmacy or drug store. [3] Stationery store. [4] Hardware store. [5] Meat or food store. [6] Barber- or beauty shop. [7] Clothing apparel store. [8] Musical instrument and record store. [9] Multifunction department store. [10] Sports equipment store. [11] Jewelry store. [12] Travel agency. [13] Professional office. [14] Office building. [15] Restaurant. [16] Television and radio station. [17] Retail businesses. [18] Post office and mailing services. (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Loading facility. (c) Parking facility. (d) Signs as per Queensbury Sign Ordinance. (e) Apartments over businesses not exceeding fifty percent (50%) of use. (e) Nonenclosed deck used for restaurant, club, tavern or bar purposes. (3) Site plan review uses: (a) Type I: [1] Construction of nonresidential facility involving: [a] The physical alteration of ten (1) acres or more. [b] the use of ground- and/or surface water in excess of two million (2,000,000) gallons per day. [c] The parking of one thousand (1,000) vehicles. [d] One hundred thousand (100,000) square feet of gross floor area, or more. [2] Any project or action which exceeds twenty-five percent (25%) of any threshold of this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland. [3] The expansion of any existing use by fifty percent (50%) or more of the thresholds cited in Subsection D(3)(a)[1], provided that the total use intensity exceeds those thresholds. [4] Commercial uses, including a day-care center, restaurant, diner, bar, professional office, office building, commercial greenhouse/nursery, veterinary clinic, and all uses permitted in Plaza Commercial Zones with over five thousand (5,000) square feet in an AP A low-intensity area and over ten thousand (10,000) square feet in an APA moderate-intensity area. [5] Motel, hotel, inn or lodge with thirty-five (35) or more units in an AP A low-intensity area or seventy-five (75) or more units in an APA moderate-intensity area. (b) Type II: [1] Public parking garage. [2] Gasoline station. [3] Drive-in theater. [4] Amusement center. [5] Golf driving range. [6] Miniature golf course. [7] Recreation facility operated for profit. [8] Hospital, nursing home and health-related facility. [9] Day-care center. [10] Auto repair and body shop. [11] Automobile sales and service. [12] Commercial boat storage, repair or sales. [13] Farm and construction equipment sales and service. [14] Mobile home sales. [15] Car wash. [16] Fast-food restaurant, diner or bar. [17] Places of public assembly. [18] Professional office. [19] Office building. [20] Commercial greenhouse/nursery. [21] Social club or fraternal organization. [22] Motel, hotel, inn or lodge. [23] Veterinary clinic. [24] All permitted uses in the Plaza Commercial Zone. SECTION 3. Chapter 179 of the Code of the Town of Queensbury, Section 179-25, paragraph (D), is hereby amended to read as follows: D. The following uses are permitted in Neighborhood Commercial Zones: (1) Permitted uses: See Type II Uses and Accessory Uses. All land uses in NC Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review. (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Private garage. (c) Storage shed. (d) Signs, as per Chapter 140, Signs. (e) Banking facility. (f) Nonenclosed deck used for restaurant, club, tavern or bar purposes. (3) Site plan review uses: (a) Type I: Commercial uses, including day-care center, restaurant without an alcoholic beverage license, drugstore, pharmacy, stationery store, grocery, meat store, barbershop, beauty shop and professional office greater than ten thousand (10,000) square feet in AP A moderate-intensity use areas. (b) Type II: [1] Gasoline station or facility. [2] Professional office. [4] Housing units in combination with a commercial facility (i.e., apartment over store). [5] Day-care center. [6] Restaurant without alcoholic beverage license. [7] Drugstore pharmacy. [8] Stationery store. [9] Grocery or meat store. [10] Barber- and beauty shop. SECTION 4. Chapter 179 of the Code of the Town of Queensbury, Section 179-26, paragraph (D), is hereby amended to read as follows: D. The following uses are permitted in Light Industry Zones: (1) Permitted uses: See Type II Uses and Accessory Uses. All land uses in LI Zones will be subject to site plan review except that allowed accessory uses shall not require site plan review. (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to a permitted use or an existing non-conforming residential use. (b) Signs, according to Chapter 140, Signs. (c) Nonenclosed deck used for restaurant, club, tavern or bar purposes. (3) Site plan review uses: (a) Type I: Construction of new facilities which meet or exceed any of the following thresholds or the expansion of existing facilities by more than fifty percent (50%) of the following thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section: [1] A project or action which involves the physical alteration often (10) acres or more. [2] A project or action which would use ground and/or surface water in excess of two million (2,000,000) gallons per day. [3] Any action which takes place wholly or partially within or substantially contiguous to any critical environmental area. (b) Type II: [1] Freight terminal. [2] Extraction of sand, stone or gravel. [3] Restaurant. [4] Building supply/lumberyard and similar storage yard. [5] Any light manufacturing, assembly or other industrial or research operation meeting the requirements of this chapter. [6] Warehouse for enclosed storage of goods and materials, distribution plants or wholesale business. [7] Laboratory. [8] Office building, in excess often thousand (10,000) square feet. [9] Truck repair facility. [10] Heavy machinery repair facility. [11] Television and radio station. [12] Construction company. [13] Logging company. [14] Heavy equipment storage. [15] Heavy equipment sales. [16] Agricultural service use. [17] Passenger limousine and/or bus storage and terminal facility. SECTION 5. Chapter 179 of the Code of the Town of Queensbury, Section 179-27, paragraph (D), is hereby amended to read as follows: D. The following uses are permitted in Heavy Industry Zones: (1) Permitted uses: See site plan review, Type II and Accessory Uses. All land uses in HI Zones will be subject to site plan review except that allowed accessory uses shall not require site plan reVIew. (2) Accessory uses: (a) Customary accessory uses and accessory use structures incidental to permitted uses or an existing non-conforming residential use. (b) Signs, according to Chapter 140, Signs. (3) Site plan review uses: (a) Type I: Construction of new facilities which meet or exceed any of the following thresholds or the expansion of existing facilities by more than fifty percent (50%) of the following thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section: [1] A project or action which involves the physical alteration often (10) acres or more. [2] A project or action which would use ground and/or surface water in excess of two million (2,000,000) gallons per day. [3] Any action which takes place wholly or partially within or substantially contiguous to any critical environmental area. [4] Parking for one thousand (1,000) vehicles. [5] A facility with more than two hundred forty thousand (240,000) square feet of gross floor space. (b) Type II: [1] Large-scale manufacturing. [2] Sand and gravel processing. [3] Cement manufacturing. [4] Asphalt plant. [5] Chemical processing. [6] Fuel supply or fuel depot. [7] Railroad facility, including repair or service. [8] Electric power plant. [9] Enclosed batch plants. [10] Junkyard. SECTION 6. Effective Date. In accordance with the provisions of Municipal Home Rule Law Section 27 and Town Law Section 265, this Local Law shall take effect upon the occurrence of the later of: (1) the filing of the same with the Office of Secretary of State or (2) Ten (10) days after such Local Law and Zoning amendments or notice or summary thereof, as may be required or allowed by state and/or local law, is published in the official newspaper of the Town of Queensbury and duly posted, except that the 10 day waiting period shall not apply against any person served personally with a copy thereof in accordance with Town Law Section 265. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 11, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 179, THEREOF ENTITLED "ZONING," RESOLUTION NO. 628, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Goetz WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a local law which would amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled, "Zoning" to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is a Type I action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of November, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano DISCUSSION BEFORE VOTE: Councilman Monahan noted again the 72 acres where it shows up in the SEQRA Review, needs to be 72 square miles. RESOLUTION TO ENACT LOCAL LAW NUMBER 11, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF, ENTITLED "ZONING." RESOLUTION NO. 629, 1992 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled, "Zoning," to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on October 19, 1992, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled, "Zoning," to be known as Local Law Number 11, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES Mrs. Monahan ABSENT: Mr. Caimano DISCUSSION BEFORE VOTE: Councilman Monahan referred to page 5B, development of any non-conforming lots of record which are located within Planning Board approved subdivisions. Questioned whether it refers back to October 1, 1988 or is it wide open? Attorney Dusek-This one would be any approved subdivision. If it was already reviewed by the Planning Board, the homes in that subdivision would be allowed to be built on the same lots as all the other homes in the subdivision. Lots only within subdivisions which have Planning Board approval and that would go back to a certain point because the Planning Board has only been in existence for twenty years. Councilman Monahan-Since 1975 they were in, I know that. Attorney Dusek-So eighteen years your going back, that's what your allowing in. Your saying essentially that any house in a subdivision that's already got Planning Board approval, can be built upon the same lot as the rest of the houses in that subdivision. LOCAL LAW NUMBER 11, 1992 A Local Law to amend the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 179 of the Code of the Town of Queensbury, Section 179-7, paragraph B, is hereby amended to amend certain definitions set forth therein as follows: B. ACCESSORY USE - A use customarily incidental and subordinate to the character of the permitted principal use or principal building, and is located on the same lot and within the same zoning district with such permitted principal use or principal building. However, an "accessory use" is allowed in two (2) or more contiguous zoning districts, provided that both the principal use or principal building and the accessory use is permitted in each of those zones. The term does not include housekeeping cottages. The term accessory use applies to a singular use on a property. LOT, CORNER - A lot situated at the intersection of two (2) or more streets or highways. (Special Note: See Lots Bounded by 2 Roads - §179-30.1) YARD, FRONT - A yard that extends the full width of the lot and is situated between the adjacent highway right-of-way or shoreline and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the highway right- of-way line or shoreline. Covered porches or canopies, whether or not enclosed, shall be considered as part of the main building and shall not project into a required front yard. (Special Note: See Lots Bounded by 2 Roads - §179-30.1) YARD, REAR - A yard that extends the full width of the lot and is situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building, including any covered porches or canopies, whether or not enclosed. (Special Note: See Lots Bounded by 2 Roads - § 179-30.1) YARD, SIDE - A yard that is situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard, including any covered porches or canopied, whether or not enclosed. (Special Note: See Lots Bounded by 2 Roads - §179-30.1) SECTION 2. Chapter 179 of the Code of the Town of Queensbury, Section 179-12, subparagraph 5 of paragraph C, is hereby amended to read as follows: (5) Principal buildings in residential zones. There shall be no more than one principal building in a residential zone on any single lot less than two (2) acres in size. Subdivision approval shall be required for more than one principal building on such lot, which shall not be granted if the zoning district maximum density is not met. SECTION 3. Chapter 179 of the Code of the Town of Queensbury, Section 179-23, subparagraph (1 )(a) of paragraph D, is hereby amended to read as follows: D.(1)(a) The substitution of a use for the same use as previously existed on a lot shall not require site plan review. Also uses described below which do not require construction of new buildings or facilities provided that these are located within an existing structure, which does not require expansion of any facility at the site. Provided, however, that in the Adirondack Park, site plan review as a class B regional project shall be required, for any replacement of a use by the same use after a vacancy of five or more years, or for a new use which replaces a different use, if such new or replacement use would otherwise constitute a class B regional project. SECTION 4. Chapter 179 of the Code of the Town of Queensbury, Section 179-30, paragraph C, is hereby amended to read as follows: C. Regulations. As of the effective date of this chapter, all residential lots fronting on a collector or arterial road identified herein or any new collector or arterial roads shall have two (2) times the lot width permitted in the zone in which the lot is located, except that this requirement shall not apply under circumstances where adjoining residential lots exist or are proposed to be established and 1) the width of each lot meets the required width of the zone and 2) ingress or egress is limited to and provided by a single common driveway, which is documented on a plat and in a written legal document, which is recordable in the Warren County Clerk's Office. SECTION 5. Chapter 179 of the Code of the Town of Queensbury is hereby amended to add a new Section following Section 179-30 to be known as Section 179-30.1 and to read as follows: §179-30.1. Lots bounded by 2 roads. The definitions of front, rear and side yard, notwithstanding, where a lot is bounded by two roads, any front yard or setback requirements set forth in this chapter shall be met on both abutting roads. Both areas or sides of the lot adjacent to each of the roads shall be considered front yards for chapter compliance purposes. The two remaining areas or sides of the corner lot, not considered front yard, shall be considered rear yard. The lot will be treated as if it had no side yards, but only front and rear yards for zoning compliance purposes. SECTION 6. Chapter 179 of the Code of the Town of Queensbury, Section 179-38, paragraph C, is hereby amended to read as follows: C. The establishment, maintenance or operation of the proposed use would not create public hazards from traffic, traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the Town. In the review of commercial and industrial development, where internal roadways are not provided, the Planning Board shall determine if it is feasible to link parking areas to allow for an internal flow of traffic. Where it is feasible a 20 foot connection way must be provided. If the adjacent property is undeveloped then a connection way shall be identified on the site plan for future linkage. The Planning Board shall also consider interconnection of retail areas to allow for pedestrian access and circulation. SECTION 7. Chapter 179 of the Code of the Town of Queensbury, is amended to add a new section following Section 179-66 to be known as Section 179-66.1, and to read as follows: § 179-66.1. Commercial and Industrial Parking Lot and Internal Road Links. In the review of commercial and industrial development, where internal roadways are not provided, the Planning Board shall determine if it is feasible to link parking areas to allow for an internal flow of traffic. Where it is feasible a 20 foot connection way must be provided. If the adjacent property is undeveloped then a connection way shall be identified on the site plan for future linkage. The Planning Board shall also consider interconnection of retail areas to allow for pedestrian access and circulation. SECTION 8. Chapter 179 of the Code of the Town of Queensbury, is amended to delete and repeal Section 179-76 in its entirety and add a new Section 179-76 to read as follows: § 179-76. General exception to minimum lot requirements. The Zoning Ordinance, as it was revised on October 1, 1988, set forth many new requirements concerning lot area, size, dimensions, and setbacks. This Section exempts certain lots from the requirements of the Zoning Ordinance as it currently exists, and as it existed since October 1, 1988, as follows: A. Any lot, of record lawfully existing and complying with the Town of Queensbury Zoning Ordinance on the day prior to the adoption of the October 1, 1988 Amendment to the Town Zoning Ordinance, that does not conform to the revised Zoning Ordinance as it exists on and after October 1, 1988 "(non-conforming lot of record)" will be deemed as conforming to required area and/or minimum lot width requirements of the Ordinance. B. Development of any non-conforming lots of record which are located within Planning Board approved subdivisions shall be considered as complying with the setback requirements of the revised Zoning Ordinance if the setback requirements applicable at the time the subdivision was approved are met. C. Development of any non-conforming lots of record existing outside of subdivisions shall comply with the setback requirements of the revised Zoning Ordinance unless the Zoning Board of Appeals grants a variance. D. Other than as set forth herein, non-conforming lots of record shall comply with all other requirements of the Zoning Ordinance. E. The exemptions set forth in this Section shall not apply to non-conforming lots in a Critical Environmental Area and in the Adirondack Park. Development of lots in a Critical Environmental Area and the Adirondack Park shall be in accordance with the minimum lot requirements of the Zoning Ordinance as they exist at the time of development, and in compliance with the Zoning District in which such lot is located. In the event that a lot located within either a Critical Environmental Area or the Adirondack Park does not comply with the minimum lot area or minimum lot width requirements and adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes. SECTION 9. Chapter 179 of the Code of the Town of Queensbury, is amended to delete and repeal Section 179-77, which currently reads as follows: § 179-77. Exemption for lots in approved subdivision. Any provision in this chapter which establish or increase lot areas and dimensions or requirements, including but not limited to setback lines, frontage requirements, new lot width restrictions, density regulations and yard requirements, which are greater than or in excess of the lot areas or lot dimensions required for any lots lawfully existing on September 30, 1988, shall not be applicable or in any way affect said lots for a period of three (3) years from October 1, 1988, except in areas outside the Adirondack Park where said requirements shall not be applicable for a period of four (4) years from October 1, 1988. The lot area and dimensional requirements set forth in an ordinance of the Town of Queensbury adopted in 1982 shall be applicable until the expiration of the aforementioned three-year time period in the Adirondack Park, and four (4) years in other areas of the town, whereupon the provisions of this chapter shall be then applicable or controlling. SECTION 10. Chapter 179 of the Code of the Town of Queensbury, is amended to delete and repeal Section 179-78, which currently reads as follows: § 179-78. Review of preexisting subdivision following exemption period. For the purpose of this chapter, subdivisions will be reviewed for the overall density of the originally approved land area within said subdivision. This land area shall include all developable land, including any proposed recreation areas, but excluding public rights-of-way dedicated for roads and undevelopable land, such as rock outcrops, wetlands, water bodies, steep slopes or areas of high water table. See Chapter A183, Subdivision of Land. SECTION 11. Chapter 179 of the Code of the Town of Queensbury is hereby amended by deleting and repealing Section 179-88 in its entirety and by adding a new Section 179-88 to read as follows: § 179-88 Requirements for Granting Variances. The Zoning Board of Appeals shall have the powers and authority to modify any order, requirement, decision, interpretation, or determination of the Zoning Administrator, and grant use or area variances in accordance with the provisions and requirements of Sections 267-a and 267-b of the Town Law of the State of New York. SECTION 12. Chapter 179 of the Code of the Town of Queensbury, Section 179-91 thereof, is hereby amended by deleting and repealing paragraphs A and B of Section 179-91 in their entirety and by adding new paragraphs A, B and C and renumbering old paragraph C to D, to read as follows: § 179-91 Zoning Board of Appeals Hearing, Decision; AP A Review. A. The Zoning Board of Appeals shall give such notice of hearings, hold hearings, and decide applications presented to it, as may be required or allowed by Town Law §267-a and §267-b. B. Appeals from a Zoning Board of Appeals decision may be taken as allowed by Town Law §267-c. C. The Adirondack Park shall be considered a party to variance applications in the Adirondack Park and shall receive such notice and have such rights of review as are provided in the Executive Law of the State of New York and the applicable APA rules and regulations. D. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail, of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty-day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the vanance. SECTION 13. Chapter 179 of the Code of the Town of Queensbury, Section 179-98, is hereby amended to read as follows: § 179-98.Zoning Administrator. The Zoning Administrator shall have the power and duty to administer and enforce the provisions of this chapter. The Zoning Administrator shall be appointed and may be removed at the pleasure of the Town Board. An appeal from an action, omission, decision or rule by him regarding a requirement of this chapter may be made only to the Zoning Board of Appeals within sixty (60) days of such decision or action. SECTION 14. Chapter 179 of the Code of the Town of Queensbury, Section 179-104, paragraphs A and B are hereby amended and paragraph C is deleted in its entirety, to read as follows: § 179-104. Zoning Permits. A. Permit required. No building, structure or sign shall be erected, added to or structurally altered until a permit therefor has been issued by the Zoning Administrator. No new use of a building or structure shall be undertaken until a permit therefor has been issued by the Zoning Administrator. B. Submittal requirements. Separate applications for zoning permits shall not be necessary if a building permit is applied for. The Zoning Administrator shall review the building department applications for purposes of zoning ordinance compliance and shall issue permits by indicating review and compliance or non-compliance with the zoning ordinance thereon. In the event a building permit is not needed, the forms for use of the Zoning Administrator shall be approved by Town Board resolution. SECTION 15. Chapter 179 of the Code of the Town of Queensbury, Section 179-105, paragraphs A and B are hereby amended to read as follows: § 179-105. Criteria for zoning permits; expiration. A. Criteria for issuance of zoning permit. The Zoning Administrator shall issue a zoning permit only if he determines the following: (1) The new land use or development complies with any applicable sanitary codes. (2) The new land use or development meets the area, setbacks from property lines, bulk and height controls and the special shoreline restrictions of this chapter, unless an area variance has been granted pursuant to Article XII hereof; and (3) The new land use or development has received site plan approval, if applicable, and if such approval is subject to conditions to be met prior to the granting of a permit, that all such conditions have been met; or (4) It is a non-permissible use for which a use variance has been granted pursuant to the terms of Article XII hereof, and if such grant was subject to conditions to be met prior to the granting of a permit, that all such conditions have been met; or (5) It is a sign, and such sign complies with the provisions of Chapter 140, Signs. B. Expiration of zoning permits. If a project for which a permit has been issued is not under construction within two hundred seventy (270) days after the issuance of such permit, said permit shall expire, and the project may not thereafter be undertaken or continued unless said permit has been renewed for one hundred eighty (180) days (allowed once) or unless a new permit has been applied for and issued in the same manner and subject to all provisions governing the initial application for the issuance of a permit. SECTION 16. Chapter 179 of the Code of the Town of Queensbury, is hereby amended by deleting and repealing Section 179-106 in its entirety and Section 179-106 shall be marked as reserved for future use as follows: § 179-106. Certificates of occupancy. Reserved for future use. A. Upon the completion of a building erected or materially altered for which a building permit has previously been issued, a certificate permitting the occupancy of the building and the use designated in the building permit shall be required, and the building may not be occupied until such certificate of occupancy has been issued. The Director of Building and Code Enforcement shall issue such certificate of occupancy within ten (10) days upon determination that all conditions of the permit pertaining to that building have been fulfilled. B. Temporary certificate of occupancy. Upon request, the Director of Building and Code Enforcement may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public safety or welfare. A temporary certificate of occupancy shall remain in effect for a period not exceeding three (3) months from its date of issuance. For good cause, the Director of Building and Code Enforcement may allow a maximum of two (2) extensions for periods not exceeding three (3) months each. For commercial or industrial uses or structures, a bond shall be required to the extent necessary to complete the uncompleted work. SECTION 17. Effective Date. In accordance with the provisions of Municipal Home Rule Law Section 27 and Town Law Section 265, this Local Law shall take effect upon the occurrence of the later of: (1) the filing of the same with the Office of Secretary of State or (2) Ten (10) days after such Local Law and Zoning amendments or notice or summary thereof, as may be required or allowed by state and/or local law, is published in the official newspaper of the Town of Queensbury and duly posted, except that the 10 day waiting period shall not apply against any person served personally with a copy thereof in accordance with Town Law Section 265. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATIONS IN HERALD SQUARE PHASE II SUBDIVISION RESOLUTION NO. 630, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Wayne Court, Linette Lane, Joseph Court, Michelle Court, Anthony Court and a drainage easement, offered for dedication by Mr. Guido Passarelli, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mr. Caimano BEFORE THE VOTE, Attorney Dusek lead the Town Board through Part II of the Short Environmental Assessment Form (SEQRA) and the following questions were reviewed and answered by the Town Board: A) Does the action exceed any Type I threshold in 6 NYCRR, Part 617.12? (Answer-NO) B) Will the action receive coordinated review as provided for unlisted actions? (Answer-NO) C) Could the action result in any adverse effects associated with the following? Cl) Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? (Answer-NO) C2) Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? (Answer- NO) C3) Vegetation or fauna, fish, shellfish or wildlife specIes, significant habitats, or threatened or endangered species? (Answer-NO) C4) A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? (Answer-NO) C5) Growth, subsequent development, or related activities likely to be induced by the proposed action? (Answer-NO) C6) Long term, short term, cumulative, or other effects not identified in CI-C5? (Answer-NO) C7) Any other impacts? (Answer-NO) D) Is there likely to be any controversy related to the potential adverse environmental impacts? (Answer-NO) Attorney Dusek noted that the last part is check the box at the bottom indicating there is no significance. Then the Town Board will be typed in as lead agency and Mike will sign it as a responsible agent for the Town Board. RESOLUTION ACCEPTING DEDICATION OF ROADS AND DRAINAGE EASEMENT IN THE HERALD SQUARE PHASE II SUBDIVISION RESOLUTION NO. 631, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Mr. Guido Passarelli has offered a deed to dedicate to the Town of Queensbury Wayne Court, Linette Lane, Joseph Court, Michelle Court, Anthony Court, and a Drainage Easement, which are more particularly described in the survey map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has reviewed inspection reports concerning the construction of and specifications of the said roads and drainage easement proposed to be dedicated to the Town of Queensbury and he has raised no objection to acceptance of the same, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said roads and drainage easement proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roads and drainage easement offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued a Negative Declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said roads and drainage easement be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 482 Description: Beginning at Herald Drive continuing SoÆ/No and ending at Herald Drive Name: WAYNE COURT Feet: 1528' Road Number: 483 Description: Beginning at VanDusen Road continuing Westerly and ending at Herald Drive Name: LINETTE LANE Feet: 2182' Road Number: 484 Description: Beginning at Herald Drive continuing Southerly and ending at Linette Lane Name: JOSEPH COURT Feet: 431' Road Number: 485 Description: Beginning at Herald Drive continuing Southerly and ending at Linette Lane Name: MICHELLE COURT Feet: 527' Road Number: 486 Description: Beginning at Herald Drive continuing Southerly and ending at Linette Lane Name: ANTHONY COURT Feet: 542' Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION AUTHORIZING RETAINING SERVICES OF MUNICIPAL APPRAISAL AND REVALUATION CO. REGARDING HIGHWAY HOSTS, INC. (HOWARD JOHNSON'S MOTOR INN AND BLACKSMITH SHOP) ASSESSMENT MATTER RESOLUTION NO. 632, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an expenditure of not more than $1,250.00 ($1,250 also to be paid by the Queensbury Union Free School District) as payment for the cost of Municipal Appraisal and Revaluation Co. preparing for trial regarding the Highway Hosts, Inc., (Howard Johnson's Motor Inn and Blacksmith Shop) 1992 tax assessment challenge, and BE IT FURTHER, RESOLVED, that the cost of said appraisal shall come from the appropriate Assessor's line item account covering appraisals. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mrs. Monahan, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION TO INSTALL STREET LIGHT RESOLUTION NO. 633 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of three street lights at various locations of the Town, NOW, THEREFORE, BE IT RESOLVED, that the following street lights be installed: One (1) 150 watt sodium street light at the corner of Fairwood Drive and Dixon Road on pole #44-1. One (1) 250 watt sodium street light at the corner of Quaker Road and Country Club Road (no pole number, and One (1) 250 watt sodium street light on the north side of Quaker Road at Glenwood Avenue (required pole), and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation. Duly adopted this 23rd day of November, 1992, by the following vote: AYES: Mrs. Monahan, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mr. Caimano RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO. 634, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: LANDFILL: FROM: TO: AMOUNT: 001-1990-4400 001-9901-9910 $ 60,000.00 (General Fund (Landfill Fund) Contingency) 001-1440-1750 001-9901-9910 $ 18,375.00 (Engineering Services) (Landfill Fund) PLANNING & ZONING: FROM: TO: AMOUNT: 001-3510-4030 001-3510-1650 $ 500.00 (Postage) (Dog Control Officer - Part Time) and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES Mrs. Monahan ABSENT: Mr. Caimano RESOLUTION TO AMEND RESOLUTIONS #131, #579, AND #631 OF 1991 RESOLUTION NO. 635, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of amending resolutions numbered 131, 579, and 631 of 1991 to the extent that said resolutions directed the allocation between Closure and the Operation and Maintenance Fund of fees assessed for disposal of solid waste at the Landfill, and WHEREAS, the basis of this resolution is that the Town Board of the Town of Queensbury recognizes that prior to the adoption of the aforedescribed resolutions, there was executed between the Town of Queensbury and the City of Glens Falls, a contract which was also approved by resolution and which provided that all fees earned as a result of solid waste disposed of at the Town of Queensbury Landfill would be allocated such that 50% of the fees would go to the Closure Fund and 50% of the fees would go to the Operation and Maintenance Fund, NOW, THEREFORE, BE IT RESOLVED, that resolutions identified in the preambles of this resolution are hereby amended to provide that the allocation of all fees earned shall be 50% to the Closure Fund and 50% to the Operation and Maintenance Fund, effective January 1, 1992, and BE IT FURTHER, RESOLVED, that the Town Supervisor and the Director of Accounting Services are hereby authorized and directed to make such accounting entries and adjustments to all books, records, and accounts of the General Fund to accomplish the purposes of this resolution. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES Mrs. Monahan ABSENT: Mr. Caimano RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 636, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 001 - General Fund 020 - Ft. Anù1erst $ 1,000.00 Lighting 001 - General Fund 024 - W. Queensbury $ 1,000.00 Lighting and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1992 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with Section 9-A of the General Municipal Law. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO. 637, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: SUPERVISOR: FROM: TO: AMOUNT: GENERAL FUND 001-9902-9003 $ 6,800.00 001-1220-1710 (Transfer to Unemploy- (Administrative ment Insurance Reserve Assistant) Fund) CEMETERY FUND 002-9902-9003 $ 800.00 002-8810-4100 (Transfer to Unemploy- (Telephone Use) ment Insurance Reserve Fund) HIGHWAY FUND 004-9902-9003 $ 2,600.00 004-9055-8055 (Transfer to Unemploy- (Disability Insurance) ment Insurance Reserve Fund) QUAKER ROAD SEWER FUND 032-9902-9003 $ 400.00 032-9040-8040 (Transfer to Unemploy- (Worker's Comp.) ment Insurance Reserve Fund) SUPERVISOR: FROM: TO: AMOUNT: QUEENSBURY WATER 040-9902-9003 $ 4,400.00 FUND (Transfer to Unemploy- 040-9060-8060 ment Insurance Reserve (Hospitalization) Fund) CEMETERY: FROM: TO: AMOUNT: 02 8810 4400 02 8810 4400-11 $ 125.00 TAX RECEIVER: FROM: TO: AMOUNT: 01 13304080 01 13302001 $ 19.80 (Advertisement) (Misc. Equipment) and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF DEDICATION OF MOCKINGBIRD LANE AND GOLDFINCH ROAD IN THE INSPIRATION PARK SUBDIVISION RESOLUTION NO. 638, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Mockingbird Lane & Goldfinch Road, offered for dedication by Homefront Development Corporation, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mrs. Monahan, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION ACCEPTING DEDICATION OF MOCKINGBIRD LANE & GOLDFINCH ROAD IN THE INSPIRATION PARK SUBDIVISION RESOLUTION NO. 639, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Homefront Development Corporation has offered a deed to dedicate to the Town of Queensbury, Mockingbird Lane & Goldfinch Road, which are more particularly described in the subdivision map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has reviewed inspection reports concerning the construction of and specifications of the said roads proposed to be dedicated to the Town of Queensbury and he has raised no objection to acceptance of the same, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said roads proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roads offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued a Negative Declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said roads be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 487 Description: Beginning at Corinth Road continuing Southerly and ending at Goldfinch Road Name: MOCKINGBIRD LANE Feet: 1545' Road Number: 488 Description: Beginning at Corinth Road continuing Southerly and ending at Mockingbird Lane Name: GOLDFINCH ROAD Feet: 1177' Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mr. Caimano RESOLUTION AUTHORIZING TOWN CLERK TO ADVERTISE FOR BIDS ON ITEMS USUALLY AND CUSTOMARILY BID ON A YEARLY BASIS RESOLUTION NO. 640, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Clerk of the Town of Queensbury has advised that it is usual and customary to bid the following items on an annual basis: 1) #2 Fuel Oil; 2) Water Department Chemicals; 3) Water Department Connection Materials; 4) Bids for the Transportation for the Elderly; 5) Town Office Supplies (Paper, etc.); NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed, until further notice, to advertise for bids on a yearly basis for the following items, so long as the quantities or types of materials bid do not significantly change: 1) #2 Fuel Oil; 2) Water Department Chemicals; 3) Water Department Connection Materials; 4) Bids for the Transportation for the Elderly; 5) Town Office Supplies (Paper, etc.); and BE IT FURTHER, RESOLVED, that the Town Clerk shall subsequently submit results to the Town Board for its review, at which time the Town Board will select and approve the award of the bids. Duly adopted this 23rd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano DISCUSSIONS 7:50 P.M. Eugene Lewis from Earth Station Communications, a satellite company that designs and installs dishes, spoke to the Town Board regarding concerns with the Town's Zoning Ordinance dealing with restrictions on satellite dishes. Referred to the FCC Zoning Regulations(submitted to the Town Board) concerning satellite dishes which seem to conflict with the Town's Zoning Ordinance. Noted that there are some definite areas where the Town's Zoning does not agree with Federal Law. Would like the Town Board to review and reconsider the Town's regulations. Attorney Dusek noted that when this ordinance first came about it was much more restrictive in terms of satellite dishes then what we ended up with in 1988. If since that time there's been more regulations or further revisions, then we should look at it and stay consistent with the federal law. I think it's important to state for the record that the Town has in the past attempted to be in compliance with the federal law. Town Board held discussion and agreed to research further. Jim Martin, Executive Director spoke to the Town Board regarding RaymondlNewell zoning request. Noted that the applicant and myself had a meeting this afternoon in which they explained that they are interested in office and multi family housing on this site. Presented to the Town Board a map of the flagged wet lands by DEC. I indicated that the MR5 district may be more appropriate and also in keeping with what the Master Plan called for that corridor. They agreed to that and are willing to amend their petition to change to MR5. Town Board held discussion and agreed to accepting that amendment to the petition. Councilman Goetz spoke to the Town Board regarding maintenance, snow removal of sidewalks on Miller Hill. Supervisor Brandt recommended that the Town needs a Town wide policy, possibly in a form of a local law where you assign the maintenance of sidewalks through property owners. Would like to request that we prepare a local law in doing that. Councilman Monahan noted concern of doing it by blanket with all the liability that's involved, putting alot of liability and expense on the businesses. The situation needs to be looked at very, very carefully to see what the effects of it are. Town Board held discussion and agreed to research a local law for Town wide policy. Councilman Tucker noted that Mr. Naylor, Highway Superintendent informed me that all the men that drive the Town plows have been trained to plow one man per truck. At the present time it's two men per truck. He told me that there's five routes in the Town of Queensbury where he's going to have two men. Supervisor Brandt referred to North Queensbury Volunteer Fire Department's proposed new building and would like to note that all the other fire departments are working together to help North Queensbury. OPEN FORUM 8: 16 P.M. Laura Sipowicz, 6 Oak Tree Circle-I'm here because I hired Mr. Lewis, who spoke earlier from Earth Station Communication to install a satellite on my property and I ran into a problem within the zoning regulations. The reason I ran into a problem was because of my particular property, not having a line of sight, my property having an obstruction of trees in my back yard. Your zoning rule allows it to be placed on the front property and that I will not do. After a site review, the best placement would be on my roof. Mr. Hatin last Wednesday came to my property and said that I was obstructing the zoning law and had read to me the excerpt that stated satellites can be placed on the roof but below the ridge line. I have a ranch and I felt with the angle of the ridge line, that would be impossible. I have read FCC regulations and find that you can not discriminate against certain types of antennas and that zoning regulations should allow you to obtain correct line of sight. I do realize that Queensbury does allow that; if not in the rear of the property, side or front, or if not permissible get the line of sight and put it on the roof. Our installation was on a pole mounted to the side of the garage and this is when Mr. Hatin brought it to our attention that it was above the ridge line and I acknowledge that. My Husband and I would like to present a resolution to amend the section of standards 179-73 to the Town of Queensbury. (read into the record) Edmund and Laura Sipowicz of 6 Oak Tree Circle Queensbury, would like to present a resolution to amend Section of Standards 179-73. Whereas the existing Satellite Ordinance prohibits any ground mounted satellite dish from exceeding a 12 foot maximum height, or that any roof mount satellite may not exceed the ridge line and, Whereas the Zoning Board of Appeals may approve variances for applicants requesting relief from both of these height restrictions, Whereas the making of this application could be an unnecessary delay to the taxpayers who would be seeking relief independently, Therefore we would like to request that this Town Board consider the following change to the Satellite Receiving Ordinance, Section of Standards, 179-73. A, it would be allowable to place a satellite dish above the ridge line, and or exceed maximum height of twelve feet of a ground mount satellite dish, if in fact the construction is engineered in a proper manner and complies with the Building and Code Standards of the Town of Queensbury. Supervisor Brandt-Paul, in such a resolution, this being an amendment to the ordinance so do we need to go through public hearings for this? Attorney Dusek -You would have to follow the same type of procedure you did earlier for the other zoning amendments which is public hearings and notifications for changes in the zoning. We do have a set of zoning amendments as we mentioned earlier that were going to be working on and bringing back to the Board. Certainly if it's the Board's desire, we can take a look at this area of the law again to see if in fact needs to be revised and cleaned up to allow further flexibility. Councilman Goetz-What's going to happen about your violation right now? Dave Hatin, Director of Building and Codes-This started as a complaint and that's why I was at Mrs. Sipowicz's house. I requested that her satellite installer come to the Town Board tonight and discuss the issue, first of all to find out whether we have a problem with the ordinance and if we do, where do we go from here. Second of all, does the Board want to restrict these or not? Before I take any action either way, I'm here for some direction from the Board on where you want to go with this. Supervisor Brandt-I don't want to go and fight with someone over the federal regulations. If the federal regulations say a certain thing, I certainly don't want to go to court to have it spoon fed to us. It cost alot of money to have that done, I'd rather look the other way while we're examining the issue and come up to speed. I certainly don't want to get into an enforcement action that we're apt to lose in court. Councilman Goetz-You said you were going to be looking into this? Attorney Dusek-It's up to the Board, we have other amendments that will be coming up for your consideration. Councilman Goetz-But the FCC part? Attorney Dusek-I'd have to read through the federal regulations to make a determination whether or not we are in compliance or whether we have problems. Supervisor Brandt-I think we certainly can consider this, I think it's the will of the Board to do that. Mr. Martin-The other thing we can offer is a variance proceeding, there is that avenue to proceed also. Mrs. Sipowicz-Are you referring to the Zoning Board of Appeals? Mr. Martin-Yes. Mrs. Sipowicz-I prefer to have it changed throughout the Town. Thank you. John Salvador-You referred to the fire budget earlier. I gather that the thought of a Town wide plan with regard to fire protection is not something your considering? Supervisor Brandt-Well, I don't think we're not considering it, I think right now we had to make a budget and by law we had to adopt it Friday. We had four fire contracts in place and one that wasn't. I think we have to give that serious consideration. All our taxes are in the fire service and the water district, that's where the big, big taxes are and I think we have to address those issues. How we resolve it, I don't know. We need input. Mr. Salvador-Is it going to cost you money to have someone do this study or are you going to do it yourself? Supervisor Brandt - I think the real question is, do you want to form a fire, a Board of Commissioners who run for election who handle the fire service contracts or do you want the Town Board to do it as they have been in the past? Mr. Salvador-Somebody has to tell us what the alternatives are, what are the trade offs? Councilman Goetz-We don't know what they are right now but it's something that we want to think about. Mr. Salvador-Fine, we have to go to work and do this and this I think is going to cost money. Maybe the 10,000 dollars your going to give to North Queensbury Fire Company to supplement their study work, could be redirected to something that would benefit the total Town effort. Maybe we don't need a facility in North Queensbury. Supervisor Brandt-My personal opinion is that I think we probably do. However, I think there's merit to what your saying. The question is researching law on what are our alternatives. I don't think we have to re- invent the wheel, it's all been done before. We have to go look at other communities. The broader question, should we form a representative government for just the fire services where people who are fire commissioners address all the problems with the fire services and run for office on that basis. The pros and cons, I'd love to see a group of people take a hard look at it. We're certainly willing to take a hard look at it. Mr. Salvador-When do we start this hard look? Councilman Tucker-We've got a committee that's working with the fire companies and we're talking in that direction. Corrine Tarana-One thing I want to mention referring to the definition of a bank facility, I gave Bob Parisi a list of definitions that are lacking in the zoning ordinance. Councilman Monahan-Do you have a copy that you could give to Jim? Corrine Tarana-I think I might have kept a copy. Mr. Martin-I can ask Pam tomorrow, she may have it. Mrs. Tarana-But there's more than just that one and I think some of the problems we have are just that, that we don't know the definitions of some of these things. That was the only thing that I was going to comment on but I have to get a clarification on the satellite dish. Is the satellite dish already up? Mrs. Sipowicz-No, just the mounted pole. Mrs. Tarana-Now, I heard that he went and saw it, there was a complaint so he suggested they come here and present it to you. Am I right in what I heard that you said lets ignore it for the time being and is that giving your consent for them to go ahead and do this? Supervisor Brandt -My understanding that it was up and it was my understanding that we wouldn't go after an enforcement on it. But let me tell you I do not want to get into legalities where we have a very strong case of losing thern. Mrs. Tarana- What are the legalities if you let one person do it and then someone else comes along and someone else can not do it? There is another avenue other then just turning your head and that is to get a variance and that's what the law is right now, the zoning ordinance is. Supervisor Brandt-But that's also what these people have told us, is not correct, that you can't do that for dishes and not for other kinds of antennas. That's what I understood it to be. Now if that's the case, that's the case. If it isn't, it isn't. But I think that's a question of law and I don't want to create laws in Queensbury that aren't keeping with national laws. Mrs. Tarana-I agree with that totally. But I think what I'm hearing you say is, before that's checked out, your going to turn your head and let them go ahead and do it. Am I right? Mr. Hatin- The question here becomes, is our law enforceable or not? Is it legal the way it's written now? If it's not, that's going to present a problem if we go to court. The Sipowicz's realize that should this all come down and our law is legal and our law stands as it is right now, they will be under enforcement actions should they put the satellite dish up. They are well aware of that. My problem is, I can't pursue anything until I know legally where I stand with our ordinance. The second part of that is, is the Town Board going to change it to allow it. Councilman Monahan-I'll tell you were I stand on this. In the first place, the Sipowicz do have an alternative, it can go in there front yard which is not a good alternative. Before we start changing ordinances of this magnitude, number one I want it researched, number two, I want the Planning Department to be in on it and number three I want the Planning Board to be in on it. I don't think this is a simple matter, I think this is a matter that has to be looked at very, very carefully from alot of different angles to protect all the citizens. Mr. Hatin-I agree with you, that's why I asked Mr. Lewis to talk to you tonight as well as the Sipowicz's because you have to realize there is an enforcement action pending. Attorney Dusek-Just as a recommendation, I think maybe the best answer of all is just to put off making any kind of decision either by the Board or Mr. Hatin until we had a chance to get into this further. That way nobody is locked into any particular course of action. Supervisor Brandt-That's fine, I have no problem with that. Certainly one of the things we have been keen on, is trying to cut back what we're spending in legal matters. Mr. Lewis-I have something else and you people are all aware of the APA, they zone out everything and I mean they are tremendously restrictive. They have not touched satellite dishes, they would love to but they've researched it and they realize they can not do it. Mrs. Tarana-I'm concerned about the consistence in the zoning ordinance and people that already have been denied putting satellite dishes on their roofs because of the ordinance, whether it's right or it's wrong. I think if you are trying to save legal costs, you have to consider that. Supervisor Brandt-We'll take a look at it and come back. The key here is to look at the law, get up to speed then we'll declare our intent and start the process if our intent is to modify the law. No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY