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1994-03-07 TOWN BOARD MEETING MARCH 7, 1994 7:00 p.m. MTG.#13 RES. 114-13l TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R George Wiswall Councilman Nick Caimano Councilman Carol Pulver PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WISW ALL SUPERVISOR CHAMPAGNE-Opened the Meeting PUBLIC HEARING REZONING-AL BOYCHUK, AGENT FOR DONALD BAKER LI-lA to PC-lA NOTICE SHOWN Supervisor Champagne-First of all Jim, do we want to hear from anyone either for or against the rezoning of the property, anyone here to speak on behalf of the rezoning? Yes, Sir, Mark? Attorney Mark Schachner-I am Mark Schachner, I represent the agent and I am available to speak on behalf of the rezoning if anyone has any questions but obviously I did not intend to participate in the public hearing, but I am here if anyone has any questions. Supervisor Champagne-I will ask again, anyone care to speak on behalf or against the rezoning of the Baker property? Councilman Monahan-I would just ask Jim a question, please? Jim, I may have gotten it earlier and did not keep it in the right group of material, did we get a recommendation from the Planning Board on this? Executive Director Martin-Yes, they recommended approval. I think there was also approval by the Warren County Planning Board as well. Supervisor Champagne-Staff review was basically? Executive Director Martin-I supplied you with staff notes on this with my March 3rd Memo for your reVIew. Councilman Monahan-What I got out of staff review that either have to decide that this area is going to go commercial or go light indus.. stay light industrial, I mean the whole area. Councilman Caimano- The staff review I read, said basically, you could go either way, you should flip a com. Executive Director Martin-Really, because the way Scott reads the master plan or the comprehensive plan essentially two things are said, that number 1. you should work to define where you are going to put the industrial areas but on the other hand basically those areas that are to be go commercial should be limited, so there is sort of a quandary here. By doing this you will be certainly defining where the industrial area should go but in this case you would be removing approximately one acre from that designation. Councilman Monahan-Within the one acre is going to be surrounded by light industrial, except for across the street. Executive Director Martin-Right where it's, where the new K-Mart is going. Attorney Schachner-I guess in light of that comment or question, I will speak, Mr. Champagne and I will say on behalf of the applicant that it is really accurate to suggest that if the rezoning is enacted that this property will be surrounded by light industrial, in fact the property is surrounded by a number of existing commercial uses including the Quaker Road Car Wash, Warren Electric Supply, the Mazda Dealership, PSM Auto Body, the Livingston Furniture, what I presume is being referred to across the road which is the site of the proposed K-Mart, Quaker Farms, the immediately adjacent property, Car Essentials. I have just named more than a half dozen immediately contiguous or immediately near by properties all of which are being utilized as commercially because they are pre-existing, non-conforming uses. Some of them are being utilized commercially because they have achieved variances and some of them are being utilized commercially because they have in fact have been rezoned commercially. But, in fact, the predominant land use in the vicinity of this property it clearly is commercial and as I read the staff recommendation notes what I see is two focuses. One, being very narrow and specific on this particular property and I do not believe that staff has any problem with, at all, with this particular property being zoned commercial though Mr. Martin can certainly speak on behalf of staff. In the bigger picture sense I think staff mentioned that the Town Board may want to consider whether this whole area because it is losing its light industrial character and kind of going commercial if perhaps the Town Board wants to consider replacing this light industrial area with some other light industrial area elsewhere in the Town. A position that not only do we have no problem with but we think it is probably not a bad idea. But, I want to point out as a matter of practicality and actual land use this property is in fact surrounded by properties that are being used and are zoned commercially. In addition this property itself has been used exclusively commercially for the last six or seven years, it was the location of the Northeast Welders Supply business, a pure commercial business that is how this property has been used. Councilman Monahan-Mark, I wasn't referring to use, the actual use I was referring to the zoning per our zOnIng map. Attorney Schachner-Right, but even the zoning there has been several zone changes even on the immediately adjacent properties. The largest of which of course was the K-Mart property, but there has been some other ones as well. Councilman Monahan-That is what I was referring to across the street. Attorney Schachner-No, I understand. Executive Director Martin-I think it should certainly be taken into account the action taken last year to rezone the K-Mart property, especially in light of that use is a major, I think the beginning of a major shift at that intersection. Weare experiencing increasing number of inquiries about parcels in that area of a commercial nature. I think K-Mart due to its magnitude represents a major shift there. Supervisor Champagne-Any other questions on behalf of the Board? Councilman Monahan-No, I am just looking at this map and realize that we do have one large parcel left there that is being used light industrial right now, up the street from that. Councilman Caimano- Which? Councilman Monahan-Would be the Hewlett property. Supervisor Champagne-Anything further? Do you want to go through the... Executive Director Martin-Just one note I think Paul, on the resolution approving the or the resolution up for passage or denial of the zone change on the second page it says HC-lA, under item one, I think that should be PC-lA shouldn't it? Attorney Dusek-Yes. Executive Director Martin-It also refers to Councilman Monahan-Excuse me, does that even have to be in there at all because Executive Director Martin-It seems like this was an attempt to strike out certain uses that Councilman Monahan-When they asked to go either Plaza Commercial or Highway Commercial and those are uses, I don't even believe are allowed in Plaza Commercial. Executive Director Martin-Right, I looked those all up, the only one that crosses over in both zones is parking garages, all the other are Highway Commercial. Councilman Caimano-We could eliminate it if you wanted to. Councilman Monahan-We will strike out everything but, put the Plaza CommerciallA zone, strike out everything else except parking garages and leave that, because one acre is not certainly large enough for a parking garage. Councilman Caimano- Well, I think my comment now and I talked to several other Board Members, my comment now is the same as it was under the K-Mart and that is, one in the hand is worth two in the bush. We have been putting aside this land for light industrial for aeons and nothing is happening, now, now, we have movement in a direction, that. Supervisor Champagne-Anything further? Closed the public hearing. ENVIRONMENTAL ASSESSMENT Executive Director Martin-Part II Environmental Assessment A. Does action exceed any type I Threshold IN 6 NYCRR, Part 6l7.l2? No B. Will Action Receive Coordinated review as provided for unlisted actions in 6 NYCRR, Part 6l7.6? No C. Could action result in any adverse effects associated with the following: C1. 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? No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? 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? The proposed zone change does represent a shift in the community plan for the area, however, it's in conformance with the practical changes that have occurred in landuse patterns since the adoption of the landuse plan several years go and is compatible with existing zoning, and there has been no upgrading of the landuse plan since 1988. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Yes Positive C6. Long term, short term, cumulative, or other affects not identified in C l-C5? No C7. Other impacts No D. Is there or is there likely to be, controversy related to potential adverse environmental impacts? No RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING RESOLUTION NO.: 114.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Al Boychuk, Agent for Donald Baker, (Town of Queensbury Tax Map No. 110-1-1.25), and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT 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 11 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 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 7th day of March, 1994, by the following vote: AYES NOES ABSENT ABSTAIN Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, None None Mr. Champagne Supervisor Champagne-I will abstain reason being while working for Levack Burke it was a property that I had listed as a Real Estate Agent. RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY AL BOYCHUK, AGENT FOR DONALD BAKER (TAX MAP NO. 1l0-1-1.25) FROM LI-lA (LIGHT INDUSTRIAL - 1 ACRE) TO PC-lA (PLAZA COMMERCIAL - 1 ACRE) RESOLUTION NO. 115.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Al Boychuk, Agent for Donald Baker, petitioned the Town Board of the Town of Queensbury for a zoning change of their property, bearing Town of Queensbury Tax Map No. 1l0-1-1.25 from LI-lA (Light Industrial- 1 Acre) to PC-lA (Plaza Commercial- 1 Acre), and WHEREAS, on December 21, 1993, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petition, and WHEREAS, a public hearing, after due notice of the proposed rezoning of the aforesaid property, was held on this matter on March 7, 1994, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area to be rezoned, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Al Boychuk, Agent for Donald Baker, Town of Queensbury Tax Map No. 110-1-1.25, to PC-lA (Plaza Commercial- 1 Acre), provided that this rezoning is conditioned on: 1) the use of the property being limited such that, regardless of uses allowed in a HC-lA zone, the following uses will not be allowed: parking garages, and 2) keeping curb cuts to a minimum, as determined appropriate and necessary by the Planning Board to accomplish the purposes of satisfactory traffic flows, and 3) the filing of a Declaration of Covenants and Restrictions against the property to be rezoned by the owners, which Declaration must be approved by the Town Board and include the restrictions set forth therein. , and BE IT FURTHER RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said land, and the Town Clerk is authorized to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change, 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 change be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and Duly adopted this 7th day of March, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, NOES None ABSENT : None ABSTAIN: Mr. Champagne Supervisor Champagne-Abstain as mentioned previously. HUDSON POINTE Supervisor Champagne-That leads us right into Hudson Pointe. I see a couple of folks here from Hudson Pointe this evening, just a few. Mr. Martin do you want us to bring us up to date on Hudson Pointe? Executive Director Martin-Since this was last before the Board as a whole we had several drafts of a findings statement and also I think Paul has taken a couple of attempts at a resolution authorizing the PUD and an agreement between the developer and the Town or the applicant and the Town we met in early February on the 7th to go through some particulars on the statement and I think the agreement as a whole was the focus of that meeting and we, several town board members were present and we did some refinements and those are reflected in the documents that you have before you tonight. I believe that there are some further fine points to be up updated I think Paul can take us through those and that is all I have at this point. (Town Board read letter from Jeffrey 1. Friedland) Executive Director Martin-In terms of the letter the first half of it or the first third of the letter refers to one hundred and fifty foot buffer, Jeff and I spoke late this afternoon on the phone about quarter to five and that is in fact covered still in the findings statement on page 7 item A. I will read it. .The alternative design of 96 units will reduce the impact of clearing with the associated development. Under this design all housing lots in commercial areas will be at least 150' inland from the top of the bluff thereby eliminating clearing along or around the bluff... That reference is still there and also if anything else was taken out to that effect it was because we were concerned that in many areas the design exceed 150' dimension from the top of the bluff especially around the point. So, we did not want that to be mis-construed that we were going to limit it to 150' that it in many in cases it is greater than 150'. Councilman Monahan-Jim, page three of their letter, one, two, three down, the findings, you with me? Executive Director Martin-Yes. Councilman Monahan-The finding statement notes on page 7 that the smaller project will reduce the impact on vegetation, however the language which said that the developer shall delineate a boundary for limitation on clearing to the Planning Board during site plan review has been eliminated. Similar language on page 9 of the resolution has also been eliminated. I thought I saw that some place when I was going through some of your work Executive Director Martin-That was in there in a previous draft. Councilman Monahan-I thought I still saw that some place..maybe not. Executive Director Martin-I think, I have had three drafts of this and I think it has not been on there since the original one and as I recall the reason why that, and anybody can jump in here and assist me. The reason why that was stricken was it was thought to be that these limits of clearing are not very effective and actually being followed through without in the field it is very difficult to project. Attorney Mike O'Connor-Also, before the buffer area was to be included in the individual lots now the entire area is to be put into a third party ownership away from the lots and the clearing of that area will be subject to Town Board approval per the findings that you have put forth in the legislation that you put in here. So, we have taken it completely away from the developer there was a question before as to where the line would be clear up to 6" in width trees and then beyond that you could clear nothing. We have eliminated the question of that and I think that is why you eliminated it from your findings statement because we have taken the entire area and put it in the providence and control of the Town Board. Supervisor Champagne-While we are stumbling with this little bit as I said earlier I think it came in to the office at about two o'clock, 12 o'clock I guess today. Executive Director Martin-I did not see this until just now and Paul, Supervisor Champagne-I just gave my copy to Jim in order for him to have an examination copy. Councilman Monahan-You know, as far as the buffer zone is concerned what I have suggested that this be tied to this map that was last revised February 8th and that once you tie these documents to that map that buffer zone, I am going to call it the conservation area than rather a buffer zone because I think it is better. It is very closely and well defined on this map so I do not really think that you know, that is the problem. I do not know Tim, if you had this updated map or not? So, I am just going to try and get... Attorney O'Connor-This is the same map, Mr. Brewer that you had before as far as the conservation area is concerned the only difference on this map is that the five acre parcel to the south west is now indicated to be a five acre parcel of land for Town purposes where before. Mr. Brewer-That is the same map as the 10th then. Attorney O'Connor-Except for that... Councilman Monahan-The only difference is the a name that is put onto the five acres. Attorney O'Connor-That is the change that I think was made. Is that the only change? Mr. Alan Oppenheim-Yes. You have got the same map that shows those lines. Attorney O'Connor-So, you got the same map that shows the same lines as far as the conservation area. Mr. Brewer-As long as it is tied to the map, so there is no confusion. Councilman Monahan-And we will make sure that, that is tied to the map that Jim puts that in his findings because as I talked to Jim today he and Paul both have some different dates in their things so they all do not coordinate together. Mr. Brewer-How do we change that Betty? On the meeting on the 7th they changed it. Executive Director Martin-It is supposed to refer to a project number on the map which I have as Saratoga Associates Project Number of 91035 .20L but I think it is also important that we put a date in there because I think that project number goes from map to map the revision date is the key. Councilman Monahan-The date 11-30 revised 12-10 revised 2-8 if we get all of them in there you have got the right map. Executive Director Martin-Right, the revision 2-8 is the key. Councilman Monahan-So, some of those dates show differently during some of these documents but I think they will have.. Mr. Brewer-Is that on page II you wantto put that Betty? Councilman Monahan-Page 9 has it but I think you need in the findings, Jim, that right off as a separate item all by itself, that this document is keyed to that map right there. Attorney O'Connor-Betty, would you be satisfied with one statement that all references within any of the documents are references to the map for project number 9l035.20L dated 11-30-93 revised 12-10-93 revised finally 2-8-94 and we just. Councilman Monahan-I think that is what we need is encompassing statement covering all the documents. Attorney O'Connor-I think what we have to do is just go thorough the documents and put after each map reference that is already there that revised 2-8-94 and that is all, everything else is correct. Supervisor Champagne-Fine. Mr. Brewer-Can I ask one question, that map may be revised again. Councilman Monahan-This is the official PUD map. Mr. Brewer-All revision on that map again though won't they Mike? Executive Director Martin-You mean the site plan? Mr. Brewer-Yes. Executive Director Martin-They could but I think the key is that at the point of adoption of the PUD and the adoption of the final statement that was the official map of record so to speak. Councilman Monahan-Which document are we going through first? Councilman Caimano- There was another question on, same page three, last paragraph Mr. Friedland has asked this question before and I am not sure myself that it was satisfactorily answered and that's who is going to name the third party? Mr. Friedland in a previous letter got asked that he be named and I rejected that out of hand. Mr. Friedland-It just seems to us the process for picking a third party the time frame was sort of vague and unclear and we pointed that out in a previous letter and it seems that, that could be specified a little bit more as to who would pick it, who would have input into it, when the deed would be, when the conveyance would be made. Councilman Caimano-I think I know what we intended, it is the intent that the Town Board would do it but I do not know that, I mean, go ahead. Councilman Monahan-It was my understanding that the applicant wanted to pick the third party but then that third party was going to be subject to the approval of the Town Board. Councilman Caimano-Right in the final analysis, is that right. Mr. Alan Oppenheim-Well let me, I think the intent was to have a mutual effort here, we do have a party the Open Space Institute that has done a lot of work in the past with Niagara Mohawk that has a strong interest in working with us on the property and I think we are looking to get this process behind us so that we could initiate meetings between the Town and the Open Space Institute and hopefully there is going to be a match there and if not we have some other thoughts as do, I am sure, you. But, I think the intent is to get this behind us and then start the process. Attorney O'Connor-At the very least we do specify in the documentation here that before any actual construction is commenced on site we will prepare a deed and transfer of the conservation area subject to approval of Paul as to the adequacy of the documentation, complete and deliver it to the Town Supervisor with the power of attorney for the Town Supervisor to fill in that grantee or the third party at a future date subject to our approval. It is just a matter of getting the process going forward. We anticipate probably that it is going to take us three to five months to go through the Planning Board process when we complete our process with this Board. So, we have quite a bit of a time line here to actually get that underway. You may want to have a subcommittee, I do not, how you want to do it internally within the Board. Councilman Caimano-Frankly I do not know either. Have you any thoughts Jim? Executive Director Martin-I would suggest that the applicant initiate the contract with this third party and ask that a proposal be given to the applicant and the Town Board for consideration so to speak, like a request for qualifications and a proposal as to how they, this land would be held and all of that, I do not see where the Town is in a position to go out looking for a third party owner of this land. I think it should be brought to the Town for our consideration, would be my view. Mr. Alan Oppenheim-I do not think we have a problem and like I said we got somebody specific in mind and I think the next step would really be to try and get a meeting set up that would include the Open Space Institute. Executive Director Martin-I would like to see the track record of whatever organization is proposed what their method of handling these types of things are what are the tax liabilities associated with this. Councilman Caimano-Is it clear that the final approval rests with the Town Board, in your opinion? Attorney Dusek -Yes. In the legislation as well as the agreement it is indicated that third party and the deed must be approved by the Town Board and you ultimately have that. The only suggestion and I have a number of them when we get to the final review of the documents the only suggestion I am going to have in addition to that though is that in the legislation itself that it be indicated that no building permits shall be issued or construction will occur until such time as that third party situation is taken care of. Mr. Alan Oppenheim-We have always been under that understanding Councilman Caimano-Since we have returned to a strong committee membership maybe Betty and Mrs. Pulver would act as our liaison on this thing in discussion. Attorney O'Connor-However you are going to decide to do it is fine. Councilman Caimano-What do you think boss? Supervisor Champagne-I think that is fine. Councilman Caimano- The last thing that Mr. Friedland asked was regarding the commercial land, I did not read it the way you read it and maybe we want to talk about that. The last page next to the last paragraph his concern is the, is that the commercial property on Corinth Road could be confused with the commercial property within the subdivision which is to be used as a day care center. I did not read it that way but that does not mean anything. Executive Director Martin-We have already had discussions, Paul and I think morning about making changes to that effect it can easily be done to differentiate between the two and limit uses within the internal commercial area for lack of a better term to day care center with limitation of seventy five children, community facilities and offices, is my thought. Anything of a Councilman Monahan-Excuse me Jim, but I think they had, the applicant had the word recreation facilities in there too. Executive Director Martin-Yes. That was the other one, I knew there was a fourth. Councilman Caimano-Are you happy with that? Attorney O'Connor-The actual language that we were talking about is after where you specify it in the findings and in the legislation we would add a new paragraph C where it is A, B and we would add language, now withstanding the foregoing the use of the commercial lot within the development shall be limited to recreation facilities, common facilities, day care center with seventy five children maximum capacity, professional offices, including beauty shop and that is ...out of what was in the Corinth Road. Executive Director Martin-As long as we have recreation facilities in there as well and then anything like, so really anything of a retail nature would be only out at the Corinth Road end. Attorney O'Connor-And that is fine for us. Mr. Friedland -if I may, the prior document said that the conservation area would be limited to passive recreation, and it defined passive recreation as walking trails and cross country ski trails which we think is important because you are talking about a sensitive area, steep sandy bluffs subject to erosion. The current documents take out the definition of passive recreation it does not limit it just walking trails and cross country ski trails and it also takes out the sentence that says in this area actual and no disturbance of vegetation removal or tree cutting shall be committed except as may be needed to facilities trail construction. We think that language should be changed Attorney O'Connor-Those changes were made on purpose to allow this Board the latitude to deal with the third party that is chosen to determine if that is the appropriate use. We said in our documentation and in our deed to you we will restrict it to passive recreation. Councilman Caimano-For your case, you are turning over to us, you do not care. Attorney O'Connor-Yes we do, we do not want more than passive recreation on the site ourselves. We think we have got to allow these people some latitude in order to get them to come in, participate in the project. Mr. Brewer-But, I also think Mike, at the meeting I talked to Alan and Alan said he did not have a problem with deed restrictions in passive recreation...and now it is gone out of the language. Attorney O'Connor-No the contract says it shall be deed restricted. Mr. Brewer-To what though? Attorney O'Connor-To passive recreation. Mr. Brewer-So then now it is gone from there, we do not know what passive recreation is. I mean passive recreation could include, hypothetically somebody could say that canoeing is passive recreation. Councilman Monahan-No, because you will find there is a restriction in here about canoe docks and boat launches and all that kind of stuff. I cannot find it right this minute, Jim, but it is in here. Attorney O'Connor-A prohibition. Councilman Monahan-So, they are not going to be allowed. Mr. -.. the idea was to limit the use to that why not put it in now rather than take a chance on somebody else two or five years from now trying to do something else, and especially with the limitation on ...1ike that was taken out. Councilman Monahan-I think the reason was and this was done with a consensus of opinion. Executive Director Martin-Here the language on page 4 out of the agreement, now I am reading from and I am picking up in the middle of the paragraph, Paragraph 4A. Such dedication shall be with marketable title and free and clear of any and all lien or encumbrance except that the same shall be restricted for conservation purposes as set forth herein or as set forth in the legislation authorizing the PUD. The area will be restricted to passive recreation and or archeological research only. Passive recreation shall be defined in the deed to be executed by the developer and accepted by a third party, which deed shall be subject to approval of the Town Board. Clearing and development of the area will be limited to accomplishing the purposes of passive recreation and or archeological research and no clearing shall occur without Town Board approval. Councilman Monahan-I think frankly I hate to tie, and Tim you and I have had some discussions about this, I frankly hate to tie down the definition of passive recreation until we get a professional outfit like Open Space here, who may think of, see, you talk about ski trails as passive recreation, I really Mr. Brewer-I never said ski trails. Councilman Monahan-Well, somebody did in all this, and I really do not call that passive recreation and in some areas ski trails can do a lot of damage so something like that needs to be looked at and that is why I do not want to start putting actual examples in here I think its better belonged during the negotiation with the third party and with their expertise and experience. Supervisor Champagne-Anyone else? Anything further Jim or Paul? Councilman Monahan-Paul you have some changes right? Attorney Dusek-There are a number of changes that go through out the documents, I do not know if you would want to handle them one at a time or altogether now or how would you like to do that? Councilman Caimano-We have been boggled for months we might as well continued to be boggled. Mr. Brewer-Betty should there be any recreation at all there? I mean, that was the whole jest of us coming out and arguing about this is the bluffs, there should not be activity there and now you are saying there should be some kind of activity. Councilman Monahan-No, no I am saying passive and I am not saying, I said when somebody mentioned ski trails I do not really consider ski trails passive recreation. Councilman Caimano-I do not either. Mr. Brewer-I never mentioned ski trails. Councilman Monahan-Well, I think it came from your attorney's letter, wasn't it some place I saw ski trails mentioned in some of this stuff. Executive Director Martin-It was an original reference in the original findings statement, walking trails or ski trails with the thought being that walking trails have the summer time usage and in the winter time those are likely going to be used for cross country so they get year around use. Councilman Monahan-But right now, I Mr. Brewer-There probably should not be any activity on the top of the bluff, Betty. Councilman Monahan-And maybe there shouldn't and I think that is what is going to happen I mean passive recreation can be people sitting there with binoculars watching the birds, you know? Councilman Caimano-I do not think of skiing as passive recreation. Mr. Brewer-Who is the person you are going to get to define passive recreation? Councilman Caimano- This group Mr. Brewer-You might not agree with them. Councilman Monahan-If we don't we do not have to sign the document and until that document is signed this cannot go forward. Mr. Akins-But this Board might not be here, at the time that is signed. Councilman Monahan-..! think it will be with the month, otherwise you will not see Hudson Pointe go forth. Hudson Pointe cannot go forth until the time that, that document is agreed to and signed as I read this. Am I correct? Attorney Dusek-Right, especially with the language that I added a little while ago. Supervisor Champagne-And we would certainly welcome you know your input at that point. Maybe it is at that point where we delineate specifically what the recreation activity should be, I have no problem with that. Councilman Monahan-No, I think a group like Open Spaces delt with this so much that they have probably have got very good suggestions to us. Supervisor Champagne-That would be my opinion. Mr. Alan Oppenheim-We also have input into the process as well and obviously we have an interest in seeing, in not seeing an intensive use on that property, it would not make sense for the project. So, clearly we want to see passive recreation I think what we are trying to establish here is an intent and then we have to further define the specific uses going forward. Mrs. Akins-When you talk about the open space and you could bring that man or someone with the expertise to do that to define some of this stuff don't you think that there should be some input from the public, like this too? Councilman Ciamano- Yea. Councilman Monahan-Absolutely. Supervisor Champagne-And there will be. Mrs. Akins-And the sooner we get this off the ground the better it will be... Supervisor Champagne-I think we are all agreeing with that. In the life cycle of Hudson Pointe where are we? .. SEQRA FINDINGS Attorney Dusek-A lot of this is clean up stuff hopefully it will not cause too much of a problem. -Page 1. Nine lines up from the bottom it says preservation area, it should be conservation area. -Page 2. Up at the top, right about where it says date final EIS filed? You will see where it talks about fourteen will be built on one acre lots, twenty eight on minimum etc., those numbers are all off because the legislation was changed to say, foreinstance instead of fourteen it is no more than sixteen will be built on minimum one acre lots. Then it should be no more than thirty two instead of twenty eight on minimum twenty one thousand seven eighty lots and no more than sixty instead of fifty three on minimum fourteen five or five square foot lots. That is the only changes on that page. Mr. Brewer-Those numbers all change if any of them change, is that right Paul? Executive Director Martin-The over all limitation is still ninety six. Mr. Brewer-If all changes one changes. Attorney Dusek-Right. Councilman Monahan-Paul, there is one question I raised with Jim today and it is just for somebody reading this right in that same area, above it a little bit it says potential commercial, I wonder if we should say potential restricted commercial because this is not all out commercial? Six lines up from the bottom, right at the end of that line. Attorney Dusek-You want to put in the word potential restricted? Councilman Monahan-I would put in restricted so if somebody is reading this they do not think that they could go ski high on those type of uses there. Attorney Dusek-Ok -Page 5. Down at the bottom paragraph N. It says the boundary oflots within the existing southern exposure subdivision will require modification, that should say the boundaries of lots and roads, and roads is being added. -Page 6. This would be the second paragraph from the bottom where it starts off there is a dash and it says the applicant shall dedicate...the second to last line says, is defined in the deed between the town and the third party and we should say, will be instead of is. Councilman Monahan-In the mitigation B, 7B, this is mitigation and I remember some place in your findings Jim, when you were talking about vehicles you also were restricting them to a certain road shouldn't that go there in that mitigation right there? Executive Director Martin-It was supposed to be restricted to Councilman Monahan-Well you have got that in some place in here and I am trying to find it. Executive Director Martin-The service road, coming in through the water plant? or adjoining the water plant. Councilman Monahan-It is not in the mitigation part, and I thought is ought to go there, you do have it someplace else and I thought it ought to be pulled into there also, because that would be a mitigation measure. Unknown-Noted it was in the traffic section... Executive Director Martin-I would rather leave it there because that speaks to traffic. Attorney Dusek- -Page 13 Number 6 on that page says permitted principal uses and it says A. residential B. commercial and there should be a C. and it is either Mike or Jim that has that language that goes for C. Attorney O'Connor-Not withstanding the foregoing the same as I read before and we can include that and just have it typed in there. Councilman Caimano-B. is not right is it? Attorney O'Connor-When you say not with standing the foregoing it would contract what is there. Councilman Monahan-Why don't we just divide those commercial lots into lot one and lot two and clean it up? Attorney Dusek-It is up to the Board you could do it either way. Councilman Caimano- It is almost better to have a lead in sentence that there are two types of commercial lots in this subdivision, and then go to A. and B. or 1 and 2 whatever you want to do. But, let people know when they go to read it that they have to stop and look at something. Councilman Monahan-That is why I wanted that restricted in the other part, you know, it is a flag to people that there is something there they need to know. Attorney O'Connor-We have the substance and we are in agreement as to the substance, the form whatever you are comfortable with I do not have an objection to. Attorney Dusek-So, would you like to say on B. Commercial lots: there are two types of commercial lots: 1. Only type of commercial lot Councilman Monahan-You have to define where each one of these lots is going to be too. Attorney Dusek-One type of commercial lot will allow recreational facilities all that other stuff, and say that at the very end of it and will be located or allowed to be located Attorney O'Connor-You could say the commercial lot on Corinth Road to the west of the Niagara Mohawk Power corridor and the other would be the commercial lot within the development east of the, internal or within the development to the east of the power corridor. Executive Director Martin-On page 12 they are divided in commercial lots when we are referring to subdivision because one is allowed to be subdivided and one is not and they are differentiated there. Lots created and designated commercial area along Corinth Road shall be subject to subdivision approval by the Planning Board and the last sentence of that the commercial located within the project area shall not be further subdivided. Councilman Caimano-But by not paragraphing that it is very difficult to read. Executive Director Martin-I think we should maybe even go a step further and at that point refer one as lot, commercial lot one and then commercial lot two and then. Councilman Caimano-Separate them, so we know what we are talking about and then use... Councilman Monahan-Don't have it run on. Attorney Dusek-Are we jumping back a, page 12 now? Executive Director Martin-Yes. I am saying right there, define the first one as lot one and then the lot within the project as lot number two, commercial lot number two and then from that point forward you can Attorney O'Connor-Can I suggest something that you say commercial areas instead of lots? Councilman Monahan-I was thinking the same thing. Attorney O'Connor-Commercial areas because on the Corinth Road conceivably you could have I do not know how many numbers you could have, you could have more than one lot. Attorney Dusek-Is that just a matter of saying areas and then breaking it apart to one and two? Councilman Caimano- Then use his definition of the second one. Councilman Monahan-And the same way when you get over on the permitted principal uses, not to have those uses all together. Attorney Dusek-Because this is going to be your final thing, I want to make sure we go the legislation right then it will read, commercial areas: 1. lots created, designated etc. 2. the commercial lot located within the project area shall not be further subdivided? That is it? Just put a one and two in there on that page 12. Councilman Caimano-Both page 12 and 13. Attorney Dusek-Well, thirteen needs a little bit more work right, on thirteen we are going to say, it says B commercial lots and we are going to say: there are two types of commercial lots: 1. and then Mike has a good lead in he called it a commercial Councilman Monahan-Why don't you just do commercial lots and then under, put commercial area one and give the uses that are allowed and then commercial area two? Keep it consistent all the way through. Attorney Dusek-What is commercial area one and commercial area two? Councilman Monahan-You just defined them on page 12. Executive Director Martin-Just say for the purposes of this, from this point forward commercial area one shall be defined as: commercial area two shall be defined as, and then you will only have to refer to them as commercial areas one and two. Attorney Dusek-We are going to go back to 12 and you are adding additional language then at that point which will read commercial areas one and then number 1 and it will say commercial area number one shall be defined as, etc. and then it will go on and say commercial area two will be defined as the commercial lot located within the project. That will be that language there. Executive Director Martin-Then it will make it easier from that point forward. Attorney Dusek-Then on 6 B. now on page 13 you would go commercial lots there are two types of commercial lots, one, commercial lot one will allow Councilman Monahan-No commercial area Councilman Caimano-At this point you do not have to say there are two, you have already defined the two... Councilman Monahan-Just say commercial area one, commercial area two. Attorney Dusek-Now, commercial area one, does that allow all the uses that are listed there? That is my question? Councilman Caimano- Yes. Councilman Monahan-Wait a minute Executive Director Martin-Commercial one is the one along the Corinth Road, Commercial area number two would allow for Councilman Monahan-Just the first uses, recreation facilities, common facilities, day care center with seventy five child maximum capacity and the applicant wanted to put in offices and beauty shop and I do not have any problem with that. Attorney O'Connor-Right below that it says professional office including beauty shop. Councilman Monahan-I have no problem with that. Attorney Dusek-So, what we will do at that point then is say commercial lot two, allows the uses that Betty just listed. Councilman Caimano-Right. Councilman Monahan-As far as I am concerned, commercial lot one could have everything, both the neighborhood commercial and if they want to put recreational facility there I do not care either unless the applicant cares? Attorney O'Connor-I would leave commercial one as we have it defined here. Councilman Monahan-Just neighborhood? Attorney O'Connor-As is defined here it included recreation. Councilman Monahan-No, I see going back to the original, ok Leave it all encompassing. Attorney Dusek-I lost you there when you, recreational is not allowed in commercial areas. Unknown-Yes it is Attorney Dusek-Where does it allow that? Attorney O'Connor-In this zone, right here. Attorney Dusek -We are square on that. -Page 14. Where it talks about green space, Councilman Monahan-Before you, you have got to back up there maybe, density we have got B commercial lots, now, do we want to put commercial area one and two and I do not know Jim, if you want... Executive Director Martin-We talked on the phone today that seventy five hundred square feet might be not enough for a common area or a common facility that you would have in commercial lot number one, maybe you want a...number two the internal lot you might want to allow for a larger facility to built there with the... Councilman Monahan-That is the one that cannot be subdivided, that is the two acre lot. If you are going to have an indoor pool. Executive Director Martin-A Day Care Center they have interior playgrounds, they can get quite large. Mr. Brewer-You have got to have some type oflimitation. Executive Director Martin-I would say 15000 square feet. Councilman Monahan-It is ok, by me. Executive Director Martin-On a two acre lot. Councilman Monahan-Ok by everybody else? Councilman Caimano- Yea. Attorney O'Connor-You are saying principal buildings. Executive Director Martin-Right. Attorney Dusek-Perhaps, Jim could dictate exactly how 8B will read now. Executive Director Martin-Density, commercial areas, commercial area number one, one principal building up to seventy five hundred square feet in size per lot, commercial area number two, one principal building up to fifteen thousand square feet in size per lot. Attorney O'Connor-You do not need per lot. Executive Director Martin-Well, yea if it is not going to be subdivided so you can strike that reference per lot. Councilman Caimano-Do you like that. Attorney Dusek- Going down to number 9 Green space, it says developers of all commercial lots within the PUD (commercial area along Corinth Road and internal commercial area) shall provide an area equivalent to 10% of the over all gross lot area or two thousand one hundred and seventy eight square feet whichever is greater to planted green space. Then it goes on and says the green space shall be located in front of the yard, in the front yard of the lot that sentence we are going to change to read as follows: to the extent that the green space is not contained in any required buffer areas, the green space shall be located in the front yard of the lot. Then it would continue on and say landscaping of this area shall be subject to review, it says currently and approval but we are taking out the word and approval because the Beautification committee only reviews, they make recommendations to the Planning Board. So, it will say, landscaping of this area shall be subject to the review by the Town Beautification Committee and the Planning Board site plan review and approval. With that change that completes the statement of findings. Councilman Monahan-I had a couple of things that I wanted to just mention. On page 8 the final paragraph and it is talking about the road modification subject to modification by the applicant and site plan review by the Planning Board and approval of the Highway Superintendent, I do not know if you need a sentence in there that in the long run only Town Board can accept those roads? Attorney Dusek-I do not think you would need it here because this is only your SEQRA findings and it is not the authorizing legislation. Councilman Monahan-But, I just wanted people to be aware of that so when they do a lot of changes. On page 11 I had this change in one of mine, I do not see it here, second paragraph from the bottom, The applicant shall offer and then it goes on the next sentence the deed shall provide power of attorney to the Town Supervisor to fill in grantee subject to the consent of the applicant and the Town Board. Attorney Dusek-Adding and the Town Board at that point. Councilman Monahan-Right. Jim on page 9 there is just a typographical thing here, 3C the last sentence there wasn't a period after highways, and it should have been a capital T. Supervisor Champagne-Are you finished Mrs. Monahan? Councilman Monahan-On that one I am finished. Supervisor Champagne-Thank you. Moving right along. RES. APPROVING PUD Attorney Dusek-The next one is the legislation approving the PUD which is the legislation. -Page 7. Third of the way it refers to that TSA project number and throughout this legislation so I will not keep repeating it on you it will always say the same thing it will refer to when ever you see this it will say RSA project number 91035.2L dated 11-30-93, revised 12-10-93 and last revised 2-8-94 so we are always talking about the same document. Now sometimes it is just called the map, throughout the legislation which is all right because it is obviously referring to this. But, where ever it has dates it will always read the same. -Page 8. Number 4A. About halfway down starts talking about the area will be restricted to passive recreation and or archeological research only, right there we wanted to insert the language we were talking about a little while ago where it will say no building permits shall be issued and no construction will occur in connection with the Hudson Pointe Planned Unit Development until the conservation area is deeded to a third party which third party and deed shall be subject to Town Board approval. Attorney O'Connor-Paul, that is something that you have inserted this evening? Attorney Dusek-That is correct. Attorney O'Connor-I am just trying to keep options open and keep the project moving I would like to be able to work on infrastructure not necessarily sell lots. I do not know the time table of Open Space Institute or whether there is a grant that is involved that has got to be applied for or what not to complete that process of having them come on board. Councilman Monahan-I do not think with the other language that you had in there Paul, also said that the site plan approval wasn't final until this was all taken care of so they could not do infrastructure with that either. Attorney O'Connor-The other language I think says in here Betty, that we will give a deed which will give up our control. Councilman Monahan-No, Paul had some language in here previously and one of these documents that said, if I recall correctly that site plan approval would be conditioned on the deed being issued and accepted. Attorney Dusek-That could be another deed, there is like two or three deeds we are getting from them, one to a five acre parcel, one for this so I think this language is still needed here. Councilman Monahan-What I am saying is you were not really changing the meaning by putting this in because you already had that in there in a different language I think. Councilman Pulver-I think it is just referring to this protected area that there will be no building permits issued. Councilman Monahan-Period, they cannot even start the project unless this is done. Mr. Brewer-A little while ago we asked about passive recreation and we were, and somebody said that the project should not go forward until this third party is on board and everything was... Councilman Monahan-We had that in the findings or some of your work here that I read today. Attorney Dusek-That is all we are saying at this point unless Attorney O'Connor-I am saying that we will offer you a deed we will work to get the third party involved in the process, in essence we have given you a deed and the power of attorney to fill in the grantee of it, if there is something beyond our control that is holding it up we do not want to be in a position where we can't go forward even with infrastructure. I would concede at this point although it is brand new at the table this evening that we not go forward with building permits for individual lots, but I would like to be able to get the roadway, road work under ... Attorney Dusek-So you just want to stop..building permits? Supervisor Champagne-That would be the level that I think we should not go forward. Councilman Caimano-We need some lever. Attorney Dusek-Because otherwise you want to make sure this thing is wrapped up. Attorney O'Connor-If we are putting in the roads and the water and everything else we certainly are going to want to be able to get building permits or we are not going to get any return. Attorney Dusek -So, if you wanted the language could be revised and just simply say no building permits shall be issued in connection with the Hudson Pointe Planned Unit Development. Councilman Caimano-I agree. Unless you want to put roads in with no houses. Attorney Dusek-Is everybody all set then on that? -Page 9. Number 5 Mr. Brewer-Paul, could you read the way that is supposed to be now? Attorney Dusek-On page 8 that extra clause will read, No building permits shall be issued in connection with the Hudson Pointe Planned Unit Development until a conservation area is deeded to a third party which third party and deed shall be subject to the approval of the Town Board. Unknown-So lots could be sold, subdivided lots could be sold Attorney Dusek-Everything else could be done except no buildings could go up. Mr. Brewer-They said...passive recreational defined and third party now you are contradicting yourself... Councilman Monahan-Why would you let them sell lots? Mr. Brewer-You cannot stop them from Councilman Monahan-Because once you sell lots they have got interest, another party has got an interest there and they have got an unbuildable lot then we get into a variance process with the Zoning Board Attorney Dusek-Do you want to say no building permits shall be issued and no lots shall be sold? Councilman Monahan-That is right. Attorney O'Connor-I do not think anybody is going to buy it, there is also a provision in here that says this agreement has to be complied with and the property becomes subject to this agreement, no one is going to buy a lot. Councilman Caimano-...!t does not make any difference. Councilman Monahan-I think it ought to go in there. Attorney Dusek-It is up to the Board. Councilman Caimano-Fine, belt and suspenders but go ahead. Supervisor Champagne-That sounds good. Attorney Dusek- -Page 9. Number 5 It talks about the implementation of the project divided into five phases, based on conversations in terms of the language it is my understanding that the proposal is to take out the word five and just say maybe divided into phases, and just leave it to the developer and the Planning Board to work out the phases. Supervisor Champagne-No problem with that. Mr. Brewer-The Planner or Planning Board? Attorney Dusek-The Planning Board is the one. Councilman Monahan-I think our regulations call for something like that to go into phases anyway don't they? Councilman Caimano- Yes. Councilman Pulver-That sentence, says the Planning Board can...shall during site plan review determine the number of lots to be developed in each phase, so. Attorney Dusek-Next change -Page 14. It talks about commercial lots and once again that language should be changed to mirror the language that we previously put into the SEQRA findings, I will not bother to repeat that at this point. -Page 16. Once again talking about Commercial lots, this should again mirror the language that we just discussed on the SEQRA findings on the commercial lots or commercial areas I guess we are going to call them now. -Page 17. Talking about green space, Councilman Caimano-Commercial, again you have got to change that commerciallots..Principal Building Attorney Dusek-Where are you at? Councilman Caimano-Page 17 above Green Space. Attorney Dusek-The density number 2 and the Green Space I. will mirror again the SEQRA finding language. Councilman Monahan-I do not think this has any bearing, but above H. where it says commercial lots customary accessory uses and accessory use structure incidental to permitted principal use that can stay just the way it is even if we got two different kinds of commercial, can't it, that I can see? Unknown-Yes. Attorney Dusek- -Page 18. Talks about the filing of a declaration of covenants and restrictions says one through eighteen that should technically be one through fifteen, because we only have fifteen conditions. That concluded the legislation. HUDSON POINTE AGREEMENT Attorney Dusek- re: changes -Page 2. Paragraph one talks about a designed commercial area that should say two designated commercial areas. -page 3. It talks about, right at the very top, it talks about the water plant shall not be used as part of the PUD and the developer agrees to dedicate the same to the Town it is referring to the land that it is going to dedicate the same to the Town for Town purposes at no cost, additional language was, the developer wanted to restrict it somehow to Town, to guarantee it was going to be used for Town purposes so the language we came up with was this and I will run it by the board. Provided that should the Town at some future time determine by Town Board resolution that the property is no longer needed and or desired for Town purposes the property ownership shall revert to the developer. So if you do not use it you do not get to keep it but if you use it, it is yours. ..there is no definite it is indefinite it is whenever the Town Board by resolution determines that it will not need the property so it could never happen. Councilman Monahan-So, if we called it surplus property it would go back to them. Attorney O'Connor-But you would have to actually make a resolution. Councilman Monahan-Declaring it surplus property. Attorney O'Connor-The idea is that we are not giving it to you to sell to someone else. Let me introduce one other thing too, it was just brought to my attention. I have talked about it a couple of times. The five acre parcel is subject to our Federal Energy Permit to operate, it is under the FERCA Regulations, we will have to get approval from the Federal Energy Regulation Agency to allow that conveyance. We can give you a long term license on it if there is a little bit of a delay, but I cannot tell you exactly how long it takes them to react to what we are doing. The same thing is true of parcels on the other side of the water treatment plant that you are going to want to purchase from us. We come to an agreement that says that you can purchase them from us completely aside from all of this, I am just trying to point out that we are not treating this any different than we treat any other piece of property. We are under some regulations and we cannot simply say today we will give you a deed. Supervisor Champagne-What timing normally goes with that, have you had experience with that? Jay Coulter-(Niagara Mohawk Power Corp.-There is no set time, I know that the application has been submitted to them, how long this will take the Feds to go through the review process I would not be able to tell you at this point, but in other cases where we have had similar situations we provided licenses and once the ability to actually to provide you a free and clear deed is available it can be done that is something that is beyond our control... Attorney O'Connor-So your two step process of transfer as opposed to a piece of property that is out in a field. Councilman Monahan-So, Paul, do you need to put some kind of conditional language in there and where ever that shows up, because that five acres has showed up in a lot of stuff through here. Attorney Dusek-The language here requires the conveyance to be completed not later than six months from the date they receive Planning Board approval. Is that? Attorney O'Connor-I would just say subject to FERC regulations. Attorney Dusek-But I take it that you want to add some additional language to allow some flexibility is that the idea. Attorney O'Connor-Subject to FERC Regulations we will make the conveyance to you but the conveyance would not be complete until the Federal Government gives its approval. Councilman Monahan-Then it would not be marketable, I am just trying to put this whole thing together, it would not be marketable and then down at the bottom where you say which approval and any construction authorized thereby shall be conditioned on satisfaction of this agreement, conveyance of the aforesaid parcel. Attorney Dusek-My recommendation would be to leave this as it is worded because this is in your agreement and if there is a problem at a future date the Town Board could come back in and enter into another agreement to address this. This is not legislation this is an agreement that is certainly subject to reasonable modification. Attorney O'Connor-We can work, live with that because the same thing is going to happen on the other piece, both those applications are going...it is separate but I am just trying to use it, this is not an excuse that we are trying to put forth it is something that we live with. Mr. Alan Oppenheim-One comment just so there is no mis-understanding later one I think what Jay says is a good point, a conveyance as long as it is fully understood that it could be in the form of a license or an actual passing of a deed, if we have that understanding now, can't that carry through? Councilman Monahan-Mike, are you saying that there could be an arrangement where the Town could use that land even when you do not have the approval from the Federal we could still use it and do stuff to that land. Attorney O'Connor-Long term license. Attorney Dusek-The only concern I have there is yes, that is true but if for some reason they did not get the FERC approval we could have some problems. Councilman Monahan-And particularly if we had already done some investment there. Attorney Dusek-That is the whole idea behind the FERC boundary line is to limit certain improvements within that area. So, I would recommend that you leave it as it is. Councilman Caimano-It is of no use to us anyway because we could get in trouble. Attorney Dusek-But if you use it, if you leave it as it is for now and if they do need, we have a problem we could always work it out later. Councilman Caimano-Leave it alone. Supervisor Champagne-Was this the property that originally was thought to be part of the bed area for the water plant. (Water Supt. Flaherty looked over the maps...that is the five acres that is adjacent to the low lift building) Councilman Caimano-But absent anything we get from them we could not do it anyway...potentially it could be taken back away from us. Attorney O'Connor-And whether it is part of this process or a separate request was made we still have to go through the same relief from the FERC people. Water Supt. Flaherty-We had to go through FERC when we put the original building in. Supervisor Champagne-I do not know if we are talking about three months, three years, thirty years, I do not know. Attorney Dusek-I might be able to help there, my understanding in talking with various people we had a FERC boundary line adjustment we were working on in another lease that we had from, or license ..we had from the Nimo people and at that time they were looking at roughly a total of six months to get through a FERC boundary so it is within that range. Supervisor Champagne-How about a 100 year lease could you do that? Attorney O'Connor-If it is possible, yes. Attorney Dusek- -Page 4. 4A. Once again we refer to the map here the TSA Map, that language and the dates will be updated to read the same. -Page 5. B. Approximately a third of the way down in B. it says approximately twenty nine acres shall be deeded to the Homeowners Association, then it says and five acres shall be deeded, we want to delete that language that says and five acres shall be deleted to the Town said five acres having been identified previously herein, we want to take that right out of there because the twenty nine acres and everything else it is talking about, it is talking about open space the five acres is not part of the open space and it really should not be mentioned here. Councilman Monahan-I thought it was getting a little bit confused. Paul further down a couple of sentences, where you said, it starts out at the left hand margin, this includes the center medium of the, of the access boulevard, my suggestion would say, this includes but is not limited to, when I read it first it almost sounds like you are just talking about that. Attorney Dusek-Ok Now just before that sentence, it says the open space within the confines of the project boundary as defined in the TSA Map shall be owned and maintained by the Homeowners Association but the developer proposes to say except that the center island of any cui de sacs will be owned by the Town and maintained by the Homeowners Association as, or in accordance with an agreement with the Town. The purpose behind this is, is that we were concerned that when Paul goes, if the Homeowners owned that we are concerned about the piling of snow on the islands if they did something in particular there and they said oh, you cannot put snow on our islands, we want to be able to have full control and access over those so when he goes out and snow plows we do not run into any problems. But, on the other hand we would like them to maintain them obviously because it is part of their development and I am sure they will want to keep them looking attractive. Councilman Monahan-Mr. Naylor is nodding his head so I take it that he is in agreement. Attorney O'Connor-Does Paul also want to own the medium of the boulevard and we maintain it? Highway Supt. Naylor-Yes, that sounds good. Attorney O'Connor-The change was to accommodate whatever the Highway Supt. wanted, my impression was that you always deeded the full road bed including even the middle island or medium even if you have a maintenance agreement outside of that. Executive Director Martin-That might not be a bad idea in the event that you ever wanted to expand it for any reason, for drainage or anything... Councilman Caimano-I think it is the right idea but you can almost guarantee that down the road within a year after people build houses there will be a war as to why do I maintain when you won't and people will forget that, it is on the record it is right but its. Mr. Alan Oppenheim-But it is fairly common on the projects such as this where you have HOA lands and there is within, whether it is a cui de sac or the boulevard to have maintenance agreements. Attorney O'Connor-Wincrest Drive is maintained by neighbors, that is very informal. Supervisor Champagne-Ok, owned by the Town Attorney Dusek-It starts on page 6 where it talks about the roads, number 6 servicing the Planning Unit Development, A. talks about that Boulevard at the very end of A. I would just recommend that we add that language everybody is talking about that says the Attorney O'Connor-Actually Paul, if you just took out the sentence on page 5 where you had before that says this includes the center medium of the access boulevard and the center islands of the six cui de sacs or less, if you took that out of the open space business then you are going to get it as part of the dedication of the roadway. Attorney Dusek-We could make the change right there too. It would say except that the center island and the center medium of the access boulevard shall be owned by the Town, that is probably a better point to change it and delete that sentence that comes right after that. Councilman Monahan-Why do we even have to mention it? Attorney O'Connor-If we delete it we won't. Attorney Dusek -You are going to take that one sentence right out, that talks about the center medium and ... this is on page 5 right from where we were just working from where we added that language, that said, except that the center islands... Councilman Monahan-Why are we even adding it now, because we are taking it out, you do not have to do anything. Attorney Dusek - I think you should because it unclear of who is going to own it. If you want to own it I think you have to put it in here. You want to say except that the center islands of any cui de sacs and the access boulevard will be owned by the . Councilman Monahan-But, does it belong there now, that it is no longer own space or should you put it in under where the Street and stuff are it is no longer open space and cannot be counted as open space. Jim is that going to throw off your calculations for open space at all really with that amount? Executive Director Martin-I do not think so because we have been using the word approximate to accommodate this type of thing. Attorney Dusek-I think it fits in there because that is part of number 4 that is talking about dedication and conveyance of other lands so you can put it in there with no problem. Are we all set on that at this point? -Page 6. Number 5 It talks about all vehicles utilizing the construction of roads, housing etc. there is language in the SEQRA findings that also talks about the restricted ingress and egress that language should be added at that point here in this agreement. -Page 10. Number 10. It says the developer recognizes and agrees that by virtue of the laws of Queensbury the developer is required to dedicate land etc. and then it goes on and says the parties hereto agree that the developer proposed dedication of land where it says more fully described herein we want to strike more fully described herein and say to a third party of approximately ninety seven acres, just making it clear as to what we are talking about. -Page 10. Number 11. It says They are commonly referred to, that should be the area commonly referred to that is just a typo. -Page 12. Number 16. It says that this agreement shall be binding upon the party hereto their successors etc. Then it goes down and says further no conveyance transfer, assignment sales shall be made without the prior consent of the town we wanted to change that to read as follows: further no conveyance, transfer, assignment or sale can be made without notice thereof to the Town of Queensbury. Reference to this agreement will be included in the declaration of covenants and restrictions. So, therefore the Town will be notice of any sale because really we do not need a consent but we want to make sure we know who we are dealing with all the time and also the declaration of the covenants will note this agreement so whoever is buying it will be aware of the fact that they are going to be locked into some obligations here. Councilman Monahan-Paul, back to page ten we are talking about the land in lieu of the recreation fee and I do not have any problem with it but I just wonder with the language that we have on our recreation law when it talks about land being dedicated to the Town this land isn't being dedicated to the Town it is being dedicated to a third party so I am just wondering if we have to do something? Attorney O'Connor-Isn't the Town the third party beneficiary of that dedication? Attorney Dusek-I think the worst case scenario will be is if we cannot settle on exactly what all this means the dedication will have to be made to the town instead of the third party that is the worst that is going to happen, I do not know if that is all that bad is it? You could probably work a deal with the third party to help you manage it. Attorney O'Connor-The way it is worded and I am not trying to get into an academic discussion, I think it says a deed in lieu of recreation fee it does not necessarily say deed of the fee interest we could give you a conservation easement and give the fee interest to the third party or even by the way that we are restricting the fee interest that is going to go to the third party we made the Town a third party beneficiary of it. Attorney Dusek-My point is that the worst case scenario is even if that has to be to the Town that is what it would be and I do not know that, that hurts the Town in anyway. Unless the developer has a particular problem with it. RESOLUTION APPROVING STATEMENT OF SEQRA FINDINGS FOR THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 116, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, on the same date, has considered and approved a development agreement between Niagara Mohawk Power Corporation and the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has completed a Final Environmental Impact Statement with regard to the Hudson Pointe Planned Unit Development, and WHEREAS, pursuant to the rules and regulations of the New York State Department of Environmental Conservation promulgated in accordance with the State Environmental Quality Review Act, it is necessary for the Town Board, prior to taking any action with respect to the proposed Planned Unit Development, to make a Statement of Findings based upon its environmental impact studies and statement, and WHEREAS, a proposed Statement of SEQRA Findings has been presented to the Town Board, a copy of which is in possession of the Town Clerk of the Town of Queensbury, the same being dated with the draft date of February ll, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the Statement of Findings proposed. Duly adopted this 7th day of March, 1994, by the following vote: AYES : Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING THE HUDSON POINT AGREEMENT RESOLUTION NO. 117,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver HUDSON POINTE PLANNED UNIT DEVELOPMENT AGREEMENT THIS AGREEMENT, made the _ day of , among: TOWN OF QUEENSBURY, County of Warren, State of New York ("Queensbury"); and NIAGARA MOHAWK POWER CORPORATION. WHEREAS, the Developer applied, to the Town of Queensbury for a Planned Unit Development District (PUD), and WHEREAS, the Town Board of the Town of Queensbury as lead agency, has completed and accepted a Final Environmental Impact Statement ("FEIS") for the aforesaid project and the Town of Queensbury has under consideration, a proposed Statement of Findings offered for adoption by the Town Board as required by the State Environmental Quality Review Act (SEQRA) which proposed Statement of Findings, in part, indicate that potential adverse environmental effects revealed in the Environmental Impact Statement process have, to the maximum extent practicable, been minimized or avoided, which statements of SEQRA findings are contained in the annexed Schedule A and made a part hereof; and WHEREAS, a significant part of the basis for the Town of Queensbury's Statement in the SEQRA Findings that certain adverse environmental impacts can be avoided or mitigated, is the representations made by the Developer that it will take certain actions as may be necessary to engineer and construct, as necessary, all or portions of certain improvements and dedicate and/or restrict use of certain land, and WHEREAS, the Town of Queensbury wishes, prior to taking final action on the aforesaid Statement of Findings and PUD, to assure performance of the proposed mitigation measures and to the extent possible, eliminate or avoid future obligations or other harmful effects to the Town of Queensbury by reason of the property involved being subdivided or developed, and WHEREAS, in furtherance of the aforesaid, the parties are desirous of entering this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Density and build-out of the PUD shall be limited to 96 single family detached dwelling units and two (2) designated commercial areas. Developed area shall be limited to approximately 80 acres; this includes space needed for building lots, commercial areas, roads and road right-of-ways. 2. A five (5) acre parcel adjoining the western boundary of the water plant shall not be used as part of the PUD and the Developer hereby agrees to dedicate the same to the Town for Town purposes at no cost, provided that should the Town, at some future time, determine by Town Board resolution, that the property is no longer needed and/or desired for Town purposes, the property ownership shall revert to the Developer. The conveyance of title shall be free and clear of any and all liens or encumbrances. Title shall be marketable and the conveyance shall be by warranty deed. The conveyance shall be completed not later than six (6) months from the date the Developer receives Planning Board approval, which approval and any construction authorized thereby, shall be conditioned upon satisfaction of this agreement and conveyance of the aforedescribed parcel. 3. A sixty foot wide right-of-way (ROW) from Corinth Road through a designated commercial area connecting to the southern most cul-de-sac of the proposed interior access road shall be reserved as part of any plans submitted to the Planning Board for approval. The length of ROW is estimated to be approximately 2,700 feet. The aforesaid right-of-way shall be dedicated to the Town for highway, utility placement, and pedestrian purposes and shall be conveyed to the Town with marketable title and free and clear of any and all liens or encumbrances, except as set forth hereinabove. Conveyance shall be accomplished by a Warranty Deed and shall be completed not later than six (6) months following Planning Board approval, which approval and any construction authorized thereby, shall be conditioned upon satisfaction of this agreement and conveyance of the aforedescribed parcel. It is understood and agreed that the applicant will not be responsible for the construction or cost of construction of any road or the 60 foot right-of-way. The Town shall not be obligated to construct a road by any specific date. 4. Dedication and conveyance of other lands. A. The Developer shall dedicate for the purpose of conservation an area of land comprised of the river shoreline; the wetlands; the point; the bluffs; and a buffer from the top of the bluff inland to a third party, who shall first be approved by the Town Board of the Town of Queensbury. The aforesaid conservation area shall be as set forth on a map prepared by the Saratoga Associates entitled, "Hudson Pointe Planned Unit Development TSA Project 91035.20L" dated 11/30/93, revised December 10, 1993, and last revised 2/8/94, (hereafter referred to as "TSA Map"). Such dedication shall be with marketable title and free and clear of any and all liens or encumbrances except that the same shall be restricted for conservation purposes as set forth herein or as set forth in the legislation authorizing the PUD. The area will be restricted to passive recreation and/or archaeological research only. Passive recreation shall be defined in a Deed to be executed by the Developer and accepted by a Third Party, which Deed shall be subject to the approval of the Town Board. Clearing and development of the area will be limited to accomplishing the purposes of passive recreation and/or archaeological research and no clearing shall occur without Town Board approval. The common boundary of the development and the conservation area will be surveyed and corners set and lines blazed at Developer's cost. B. Of the 211 acres of the overall project, 126 acres shall be preserved as open space. The Developer agrees that the open space shall be used as follows: approximately 97 acres shall be deeded to a third party (approximately 87 acres in the WR-3A Zone and 10 acres in the SR-lA Zone). Approximately 29 acres shall be deeded to a Homeowner's Association. The open space within the confines of the project boundary as delineated on the TSA Map shall be owned and maintained by the Homeowner's Association, except that the center island and the center medium of the access boulevard shall be owned by the Town and maintained by the Homeowner's Association as, or in accordance with, an agreement with the Town. The remaining open space comprised of the buffer from rear lot line of the proposed lots to the top of the bluff; wetlands; the point; the bluffs; and the river shore shall be offered as a conservation area. The effect of this area will be to preserve the unique topographical, vegetative and visual features of the bluffs. C. The five (5) archaeological sites as identified on the "TSA Map" shall be preserved and included in the conservation area referred to above. The Developer shall offer, prior to final site plan approval by the planning board, a deed for the area described above with the grantee left blank. The deed shall provide power of attorney to the Town Supervisor to fill in the grantee, subject to consent of the applicant. The applicant shall have a common boundary with the area to be dedicated. This boundary shall be surveyed and marked prior to deeding to the third party. The survey to mark the boundary shall be completed at the applicant's expense and shall be accomplished prior to final approval of the Planning Board. 5. All vehicles utilized in the construction of roads, housing units, and commercial areas shall be kept in good repair so as to reduce impacts associated with noise and odor. Traffic associated with the construction of buildings within the project shall be restricted to use of the Niagara-Mohawk Service Road, which extends from Corinth Road next to the Town Water Treatment Plant. 6. requirements: Roads in and servicing the Planned Unit Development shall conform to the following A. Access to the development shall be by means of "boulevard style" entrance providing ingress and egress via a road divided by a landscaped median. The total width of the right of way (ROW) for the boulevard shall be seventy-five (75) feet wide. Actual width of the median, paved driving lanes are subject to approval by the planning board and the Town highway superintendent. Landscaping and maintenance of the center median shall be assigned to a homeowner's association of the development. The center line length of the boulevard shall be approximately one-thousand to two-thousand (1,000 - 2,000) feet. The objective to be met shall be to intersect with the interior loop road. B. The interior of the development shall be accessed by means of a "loop" road with six (6) or less cui de sacs. The ROW for the loop road and cui de sacs shall be fifty (50) feet in width. The center island of the cui de sacs shall be landscaped and maintenance shall be assigned to a homeowner's association of the development. The length of the internal roads shall be approximately eight -thousand eight-hundred (8,800) feet or less. The final design of the road system (access boulevard and interior loop road) within the parameters established herein, shall be subject to modification by the applicant and site plan review by the Planning Board and approved by the Town Highway Superintendent. Consideration shall be given to further reduction in the length of road and the number of cul-de-sacs if possible. C. Design of the access boulevard and loop roads shall conform to the following design criteria: 1. Minimum road centerline radius shall be 300 feet for the boulevard and 250 feet for the interior loop road. 2. Road intersections shall be at angles from 70 degrees to 90 degrees. When practical, intersection tangents of at least 100 feet shall be maintained from the pavement edge of intersecting streets. 3. Cross sections of road construction shall comply with the standards as required by the Town Superintendent of Highways this includes paved swales for drainage. D. The southern portion of Sherman Island Road (approximately 1,800 feet) shall be abandoned and traffic associated with the Niagara Mohawk substation along the river shall be diverted to a Niagara Mohawk access further to the south along Corinth Road. Sherman Island Road shall come to a dead end with a paved turnaround area to be constructed by the applicant at the end point of the road. Access to an abandoned portion of Sherman Island Road shall be effectively blocked by berming, planting, etc. E. MacDonald Drive and Kimberly Lane access on to Sherman Island Road shall be left open and MacDonald Drive shall intersect with the access boulevard in a manner similar to the design as depicted on the TSA Map dated 11/30/93, revised December 10, 1993, and last revised 2/8/94. 7. A seventy-five (75) foot dimensional buffer between each boundary of power line corridor owned by Niagara-Mohawk and the boundaries of the proposed housing lots shall be provided as part of the plans to Developer of the site. 8. Prior to any construction or development of the PUD, modification of the existing Southern Exposure subdivision shall be undertaken and approval by the Planning Board obtained. The modification shall reflect in principal the lot and road configuration as depicted on the TSA Map. 9. Prior to the commencement of any construction activities of any part of the PUD and as a condition, if necessary, of any Planning Board approval, Developer agrees to remove cottages existing on the property a part of the PUD near the Hudson River and generally clean up and remove all man-made materials, debris, and parts or portions of the cottages and/or accessories in the vicinity of the cottage. As part of the clean-up, the Developer will fill any foundation holes or depressions. 10. The Developer recognizes and agrees that by virtue of the laws of the Town of Queensbury, the Developer is required to dedicate land for recreational purposes or pay a fee in lieu thereof. The parties hereto agree that the Developer's proposed dedication of land to a third party of approximately 97 acres, will provide significant open space and afford some recreation opportunities for residents of the Town of Queensbury. Due to the uniqueness of the dedicated parcels and the value of the same to the Town, the Town Board agrees to accept all parcels of land planned for dedication or conveyance to the Town of Queensbury in full satisfaction of any request to dedicate recreation lands or fees to the Town of Queensbury upon the dedication or conveyance of such to the Town. 11. The area commonly referred to as the Potter Foundations shall be located in common space of the Homeowner's Association. 12. There shall be no docks, boat ramps, or boat access points place, constructed, or used at any point within the conservation areas and Developer agrees to restrict any land conveyance so as to cause such restrictions to run with the land. 13. The Developer shall, through final approval of the final phase, keep the Town Board of the Town of Queensbury apprised of all submittals to the Planning Board by sending copies to the Executive Director of Community Development of the Town of Queensbury, who shall forward the written notice of receipt of the same to the Town Board. If at any time the substance of the submittals are not in compliance with the intent and express conditions that the Town Board of the Town of Queensbury has set forth in this resolution, the Town Board reserves to itself, the right to reconsider the Planned Unit Development legislation, on notice to the developer, and amend or further condition this legislation. 14. It is understood by and between the parties that the Town Board of the Town of Queensbury will make SEQRA Findings and make legislative decisions based upon representations made by the Developer that the Hudson Pointe Planned Unit Development will be constructed and land dedications will be made in accordance with the agreements set forth herein. It is hereby agreed and understood that should the Town find or determine that any part of this Agreement has not been fulfilled by the Developer or is breached, that the Town may apply to the Supreme Court of the State of New York for mandatory injunctive relief, specific performance, and/or damages as may be appropriate to cause the Hudson Pointe Planned Unit Development to be in conformity with the agreements made herein. 15. This Agreement shall commence on the date first written above and shall terminate upon completion and acceptance of all the required improvements and dedication of properties and all other terms and conditions as provided for herein. 16. This Agreement shall be binding upon the parties hereto and their successors and interests, beneficiaries and assigns, and the Developer agrees that if any part or portion of the project is sold, conveyed, transferred, assigned, or in any manner released to another individual or entity, it will be subject to the term of this Agreement. Further, no conveyance, transfer, assignment, or sale can be made without notice thereof to the Town of Queensbury. Reference to this Agreement shall be included in the Declaration of Covenants and Restrictions. 17. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be deemed to be modified, so as to be valid and enforceable, and such validity shall not affect the validity of any other provision, term, or condition of this Agreement. IN WITNESS WHEREOF, the parties have hereto signed. TOWN OF QUEENSBURY NIAGARA MOHAWK POWER CORP. BY: BY: Duly adopted this 7th day of March, 1994 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 118, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, on or about June 15, 1992, the Michaels Group, acting as the Project Sponsor on behalf of the Niagara Mohawk Power Corporation (hereinafter the parties are referred to jointly or commonly as "developer"), submitted a letter of intent together with an Environmental Assessment Form with exhibits, and requested that certain parcels ofland, bearing tax map numbers: 148-1-2.1, and 151-1- 7.1, consisting of a total of approximately 307 acres, and existing, generally, southerly of Corinth Road and west of Sherman Island Road in the Town of Queensbury, be designated a Planned Unit Development, to be known as the Hudson Pointe PUD (hereinafter referred to as the "Planned Unit Development"), in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, the proposal presented requested that the Town Board of the Town of Queensbury legislate and rezone the aforesaid area to allow the establishment of a Planned Unit Development consisting of a maximum of 163 dwelling units consisting of 123 single family dwellings and 40 townhouses, and WHEREAS, on or about the 31st day of August, 1992, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be lead agent for SEQRA purposes and authorizing notification of all other involved agencies that the aforesaid letter of intent and application for the Planned Unit Development had been made, and that a coordinated SEQRA review was desired to be undertaken, and WHEREAS, on or about the 24th day of September, 1992, the Planning Board for the Town of Queensbury reviewed a Sketch Plan and related documents concerning the Planned Unit Development as presented to the Board at said meeting, and adopted a resolution indicating it was rendering a favorable report to the Town Board with certain stipulations and comments including a recommendation that the Town Board proceed to a public hearing, and WHEREAS, on or about November 18, 1992, the Warren County Planning Board reviewed the Planned Unit Development and consented to the Town Board of the Town of Queensbury being the lead agent for SEQRA review purposes, and also approved the Planned Unit Development as presented at said meeting, and WHEREAS, on or about December 21, 1992, the Town Board of the Town of Queensbury acknowledged that as a result of previous notification of agencies ascertained to be involved in the project, there was no objection to the Town Board of the Town of Queensbury being lead agent for purposes of SEQRA review and assumed lead agency status and set a date for a public hearing on the Planned Unit Development, and WHEREAS, on or about January 18, 1993, the developer, by letter, amended the Planned Unit Development Application by withdrawing therefrom a parcel previously included in the Planned Unit Development Application documents and known as Parcel A, consisting of approximately 94 acres, and WHEREAS, in accordance with ~ 179-57 D. of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury held a public hearing on the proposed Planned Unit Development on January 25, 1993, and WHEREAS, following the aforesaid public hearing and on February 2, 1993, the Town Board of the Town of Queensbury convened and discussed the areas of environmental concern raised by virtue of written communications, documents submitted by the developer, involved or interested agencies and others, the public hearing, Town staff comments, and the Town Board members themselves, and WHEREAS, the Town Board of the Town of Queensbury, after due deliberation by resolution no. 149, 1993, determined that a Positive Declaration should be issued under the New York State Environmental Quality Review Act with respect to the proposed Hudson Pointe Planned Unit Development, and WHEREAS, on or about March 22, 1993, the Town Board of the Town of Queensbury approved the content and attachments to a Positive Declaration and authorized the filing and publication of the same as required by the SEQRA rules and regulations, and WHEREAS, on or about the 1st day of June, 1993, the Town Board of the Town of Queensbury, as lead agent for the Hudson Pointe Planned Unit Development SEQRA review, and after considering all of the information received and after considering all comments received from involved agencies, the applicant, the planning staff, Morse Engineering, P.c., and other interested parties, including members of the public, adopted and approved a scoping document and requested that the applicant use the same as a basis for the Draft Environmental Impact Statement (DEIS), and WHEREAS, the Michaels Group, as applicant on behalf of the Hudson Pointe Planned Unit Development, previously presented to the Town Board, a Draft Environmental Impact Statement (DEIS) and the Town Board determined that the Draft Environmental Impact Statement (DEIS) was satisfactory with respect to its scope, content, and adequacy for purposes of commencing public review, established a public comment period and held a public hearing on the same on September 13, 1993, and WHEREAS, the developer thereafter responded to comments received by developing a refined plan and plan narrative, and presented a Final Environmental Impact Statement (FEIS), and WHEREAS, on or about December 20, 1993, the Town Board of the Town of Queensbury, acknowledging that the FEIS was complete and adequate and authorized and approved the use of a Notice of Completion, and WHEREAS, the public has had more than the ten (10) day period required by 6 NYCRR Part 6l7.9(a) in which to consider the FEIS, and WHEREAS, the Town Board of the Town of Queensbury has finalized the Development Agreement assuring performance of the proposed mitigation measure in the FEIS and proposed SEQRA Statements of Findings and, to the extent possible, to eliminate or avoid future obligations or other harmful effects to the Town of Queensbury by reason of the property involved being subdivided or developed without adequate supporting infrastructure, and WHEREAS, the Town of Queensbury, as required under 6 NYCRR Part 6l2.9(c) has made the SEQRA Statement of Findings concerning the proposed Hudson Pointe PUD, which based upon facts and conclusions derived from the FEIS, found that: "1. Consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the proposed rezoning (Planned Unit Development and Planned Development District) to be approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the Environmental Impact Statement adopted in this case. 2. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process shall be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable;" NOW, THEREFORE, BE IT RESOLVED, that the proposed Hudson Pointe Planned Unit Development meets the purposes and objectives and all of the provisions and requirements of Article 15 of the Town of Queensbury Zoning Ordinance, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Article 15 of the Town of Queensbury Zoning Ordinance and legislative authority, and subject to the specific conditions and requirements set forth herein below, hereby approves, enacts, adopts, and creates the Hudson Pointe Planned Unit Development District on approximately 211 acres of land in the Town of Queensbury, the boundaries of which are set forth on a map and plan prepared by The Saratoga Associates entitled, "Hudson Pointe Planned Unit Development, TSA Project No. 91035.20L" dated 11/30/93, revised on December 10, 1993, and last revised 2/8/94, (hereinafter referred to as "TSA Map") the same being present at this meeting, directed to be filed in the Town Clerk's Office, and being incorporated herein for all purposes. The Planned Unit Development is generally described as follows: The project site is located along Sherman Island Road and the Hudson River in the southwestern portion of the Town of Queensbury, Warren County, New York, approximately 4 miles southwest of downtown Glens Falls. The project involves rezoning of approximately 211 acres from Suburban Residential 1 Acre (SR -lA) and Waterfront Residential 3-Acre (WR-3A) to Planned Unit Development in order to allow a residential/commercial planned development consisting of ninety-six (96) lots for single family detached housing units; and two commercial parcels totaling four (4) acres. Substantially all development, except for a single 3 -acre residential lot, will occur within the SR-lA Zone. The remaining land, totaling approximately 126 acres, shall be left as open space. The Planned Unit Development District shall be specifically conditioned, limited and/or restricted as follows: 1. Density and build-out shall be limited to 96 single family detached dwelling units. 2. Developed area shall be limited to approximately 80 acres; this includes space needed for building lots, commercial areas, roads and road right-of-ways. 3. A sixty foot wide right-of-way (ROW) from Corinth Road through a designated commercial area connecting to the southern most cul-de-sac of the proposed interior access road shall be reserved as part of any plans submitted to the Planning Board for approval. The length of ROW is estimated to be approximately 2,700 ft. 4 A. An area of land comprised of the river shoreline; the wetlands; the point; the bluffs; and a buffer from the top of the bluff inland shall be in an area known as a Conservation Area. The Conservation Area is that area depicted on the TSA Map. The area will be restricted to passive recreation and/or archaeological research only. No building permits shall be issued and no lots shall be sold in connection with the Hudson Pointe Planned Unit Development until the conservation area is deeded to a third party which third party and deed shall be subject to Town Board approval. Passive recreation shall be defined in a Deed to be executed by the Developer and accepted by a third party, which deed shall be subject to approval of the Town Board. Clearing and development of the area will be limited to accomplishing the purposes of passive recreation and/or archaeological research, and no clearing or development shall occur without Town Board approval. The common boundary of development and the Conservation Area will be surveyed and corners set and lines blazed at Developer's cost. 4 B. Five (5) archaeological sites as identified on the TSA Map shall be included within the conservation area referenced above. Prior to final site plan approval by the Planning board the boundaries of the archaeological sites shall be surveyed and noted in the deed conveying the conservation area. This survey shall be completed at the Developer's expense. 5. The implementation of the project may be divided into phases. The Planning Board and applicant shall during site plan review determine the number of lots to be developed with each phase. 6. The Planned Unit Development shall be constructed in accordance with measures as described in section A 183-26 of the Town Code and the "N.Y.S. Guidelines for Urban Erosion and Sediment Control" throughout all phases of road, residential and/or commercial construction. 7. The Planned Unit Development shall be designed and constructed in accordance with Stormwater Management Regulations in Section A183-27 of the Town of Queensbury Subdivision Regulations. Prior to any construction on the site, a Stormwater Management Plan shall be submitted to the Town Planning Board for approval. 8. requirements: Roads in and servicing the Planned Unit Development shall conform to the following A. Access to the development shall be by means of "boulevard style"entrance providing ingress and egress via a road divided by a landscaped median. The total width of the right of way (ROW) for the boulevard shall be seventy-five (75) feet wide. Actual width of the median, paved driving lanes are subject to approval by the planning board and the Town highway superintendent. Landscaping and maintenance of the center median shall be assigned to a homeowner's association of the development. The center line length of the boulevard shall be approximately one-thousand to two-thousand (1,000 - 2,000) feet. The objective to be met shall be to intersect with the interior loop road. B. The interior of the development shall be accessed by means of a "loop" road with six (6) or less cuI de sacs. The ROW for the loop road and cuI de sacs shall be fifty (50) feet in width. The center island of the cuI de sacs shall be landscaped and maintenance shall be assigned to a homeowner's association of the development. The length of the internal roads shall be approximately eight -thousand eight-hundred (8,800) feet or less. The final design of the road system (access boulevard and interior loop road) within the parameters established herein, shall be subject to modification by the applicant and site plan review by the Planning Board and approved by the Town Highway Superintendent. Consideration shall be given to further reduction in the length of road and the number of cul-de-sacs if possible. C. Design of the access boulevard and loop roads shall conform to the following design criteria: 1. Minimum road centerline radius shall be 300 feet for the boulevard and 250 feet for the interior loop road. 2. Road intersections shall be at angles from 70 degrees to 90 degrees. When practical, intersection tangents of at least 100 feet shall be maintained from the pavement edge of intersecting streets. 3. Cross sections of road construction shall comply with the standards as required by the Town Superintendent of Highways this includes paved swales for drainage. D. The southern portion of Sherman Island Road (approximately 1,800 feet) shall be abandoned and traffic associated with the Niagara Mohawk substation along the river shall be diverted to a Niagara Mohawk access further to the south along Corinth Road. Sherman Island Road shall come to a dead end with a paved turnaround area to be constructed by the applicant at the end point of the road. Access to an abandoned portion of Sherman Island Road shall be effectively blocked by berming, planting, etc. E. MacDonald Drive and Kimberly Lane access on to Sherman Island Road shall be left open and MacDonald Drive shall intersect with the access boulevard in a marmer similar to the design as depicted on the TSA Map dated 11/30/93, revised December 10, 1993, and last revised 2/8/94. 9. A seventy-five (75) foot dimensional buffer between each boundary of power line corridor owned by Niagara-Mohawk and the boundaries of the proposed housing lots shall be provided as part of the plans submitted for development of the site. 10. Of the 211 acres of the overall project, approximately 126 acres shall be preserved as open space. 11. The area commonly referred to as the Potter foundations shall be located in common space of the Homeowner's Association. 12. There shall be no docks, boat ramps, or boat access points placed, constructed, or used at any point within the Conservation Areas. 13. The Developer shall, through final approval of the final phase, keep the Town Board of the Town of Queensbury apprised of all submittals to the Planning Board by sending copies to the Executive Director of Community Development of the Town of Queensbury, who shall forward the written notice of receipt of the same to the Town Board. If at any time the substance of the submittals are not in compliance with the intent and express conditions that the Town Board of the Town of Queensbury has set forth in this resolution, the Town Board reserves to itself, the right to reconsider the Plarmed Unit Development legislation, on notice to the developer, and amend or further condition this legislation. 14. The developer shall secure a final Site Plan approval in accordance with the procedures set forth in ~179-58 of the Code of the Town of Queensbury. 15. The lots within the proposed PUD shall be held to the following minimum standards: Hudson Pointe PUD Minimum Standards A. Lot number/size: 1. Residential lots: - Maximum Build-Out 96 lots; - One (1) three acre lot; - No more than sixteen (16) one acre lots (43,560 square feet minimum size); - No more than thirty-two (32) one-half acre lots - (21,780 square feet minimum size); - No more than sixty (60) one-third acre lots - (14,505 sq. ft. minimum size). 2. Commercial areas: a) Commercial Area NO.1: Shall be defined as lots created in designated commercial area along Corinth Road shall be subject to subdivision approval by the Planning Board. Minimum lot size in the designated commercial area shall be one-half acre in size. b) Commercial Area NO.2: Shall be defined as the commercial lot located within the project area shall not be further subdivided. B. Minimum frontage on public road: Forty (40) feet. The commercial lots to be created along Corinth Road may front on a road over the sixty (60) foot ROW. The road servicing these lots shall be constructed to the Town standard by the developer of the new commercial lots. C. Minimum Yard Setbacks; Residential and Commercial: 1. Three acre lot: Front - 50 feet Side - 30 feet Rear - 30 feet 2. One acre lots: Front - 30 feet Side - The sum of the side yards shall equal 30 feet or more with a 10 foot minimum. Rear - 20 feet 3. One-half acre lots: Front - 30 feet Side - 10 feet Rear - 20 feet 4. One-third acre lots: Front - 30 feet Side - 10 feet Rear - 10 feet D. Minimum permeable area oflot (%); Residential and Commercial: 1. Three acre lot - 65% 2. One acre lots - 50% 3. One-half acre lots - 30% 4. One-third acre lots - 30% E. Maximum building height; Residential and Commercial lots - 40 ft. F. Permitted principal uses: 1. Residential lots: single family dwelling 2. Commercial Areas: a) Commercial Area NO.1 - Recreational facilities, community center/day care center with seventy-five child maximum capacity; convenience store with gasoline pumps and no automobile sales or repair; grocery store; bank; hardware store; professional office including beauty shop. All of the above uses in designated commercial areas are allowed upon site plan review and approval by the Planning Board. b) Commercial Area NO.2 - Recreational facilities, common facilities, day care center with 75 child maximum capacity, professional offices, and beauty shop. All of the above uses in the designated commercial area are allowed upon site plan review and approval by the Planning Board. G. Permitted accessory uses: 1. Residential lots; private garage; storage shed, less than 200 sq. ft.; attached private greenhouse, less than 300 sq. ft.; swimming pool; home occupation; private boat storage. 2. Commercial lots; customary accessory uses and accessory use structures incidental to a permitted principal use. H. Density: 1. Residential lots; one principal building per lot. 2. Commercial areas; Commercial Area NO.1 - One principal building up to 7,500 sq. ft. in size per lot. Commercial Area NO.2 - One principal building up to 15,000 square feet in size per lot. I. Green Space: The developer(s) of all commercial lots within the PUD (commercial area along Corinth Road and the internal commercial area) shall provide an area equivalent to ten percent (10%) of the overall gross lot area of 2, 178 square feet, whichever is greater, to planted green space. To the extent that the green space is not contained in any required buffer areas, the green space shall be located in the front yard of the lot. Landscaping of this area shall be subject to review by the Town Beautification Committee and Planning Board Site Plan Review and approval; and BE IT FURTHER, RESOLVED, that this resolution and the rezoning of subject property shall be subject to the following: 1. Prior to any construction or development of the PUD, modification of the existing Southern Exposure subdivision shall be undertaken and approval by the Planning Board obtained. The modification shall reflect in principal the lot and road configuration as depicted on the TSA Map. 2. The filing and/or recording in the Warren County Clerk's Office, of a Declaration of Covenants and restrictions setting forth conditions numbered 1 - 15 hereof and executed by an authorized official of the Developer and the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Zoning Map of the Town of Queensbury is hereby amended to provide for the creation and redistricting of the lands contained and set forth as a part of the Hudson Pointe Plarmed Unit Development, and BE IT FURTHER, RESOLVED, that the Town Clerk shall, within five days, cause a summary of this legislation to be published in the Glens Falls Post -Star, obtain an affidavit of such publication, and post the same upon the Town Clerk's Bulletin Board, and BE IT FURTHER, RESOLVED, that this Amendment to the Zoning Ordinance and Laws of the Town of Queensbury shall take effect ten days after publication of a summary of this legislation in the Post -Star as indicated above, or at such later date as is required by the terms and provisions of this authorizing resolution and legislation, and BE IT FURTHER, RESOLVED, that this resolution shall not take effect until the final execution of a Development Agreement by the Niagara Mohawk Power Corporation and the Town of Queensbury. Duly adopted this 7th day of March, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None Attorney O'Connor-For the record as I am often heard to criticize people I would like to thank people, I thank the Board, I thank particularly staff, Mr. Martin and his people, and Mr. Dusek they have been most responsive in trying to get us to go forward. It has been a long, long battle, not necessarily battle maybe that is poor terminology but the system works it just took a long time to get the system to work. (5 min. recess) Councilman Caimano- W e did not get a chance to say it before, I also as a Board Member of Two Boards want to thank Paul and Jim for an extraordinary effort that was a long, long project and lets hope it turns out good. Thank you. Councilman Monahan-There is something that I forgot to mention but I will mention it now, that is we took the hours of operation out of the PUD findings, I meant to state for the record while the applicant was here that because that went out of the findings I think that properly belongs under the site plan approval process and should be dealt with there. GLEN LAKE PRESENTATION Ms. Virginia Etu and Mrs. Lee York-gave a presentation to the Town Board regarding a proposed matching grant sponsored by the Open Space Institute for a comprehensive watershed management and implementation plan on the Glen Lake Water shed to do lake testing and monitoring, we hope to get a computer program where we will be able to show overlay soils, typography and landuse and ultimately be able to predict what the change oflanduse will mean to the Glen Lake Watershed....$5,000 grant, $5,000 matching from Queensbury maximum...discussion held on FRP for a professional lake manager...requested the support of the Town on the establishment of a water shed management committee, having the Town and the Glen Lake Association work collectively...and a technical advisory committee...Councilman Caimano-questioned if you would be able to tell where pollution was coming from? Mrs. York-yes. Councilman Monahan-Noted this came at a good time when Mr. Morton ofDEC is working on plan for watershed for the control of non point source pollution, we are almost a pilot program for the whole project. Executive Director Martin-I think this is a wonderful idea in terms of being able to lay some ground work plarming for this specific area of the Town this will dovetail very nicely with the update to the comprehensive plan that we are about to undertake. We could get a lot of useful information out of a study such as this as we go to put that together and it could be easily incorporated into the overall comprehensive plan for the Town for this area. Councilman Pulver-Noted that this will help in the up date of the master plan. Mrs. York-Noted a substantial amount of work will be done by volunteers, I think we need to work under the umbrella of the Town as far as grant submission and as far as the committee's go. Councilman Pulver-requested that Mrs. York keep the Board informed of the progress ... Ms. Etu-requested that Mrs. Monahan be a contact person, and Jim Martin to service on the technical advisory committee and Supervisor Champagne be involved in the watershed management committee. Supervisor Champagne- Noted he would like to see costs put in related to the various projects on the list, who is going to do it and then what are the outcomes going to be, would like to have something more specific, noted the cause if great and the purpose is there and there are people that are interested and concerned, the problem is what does the Town get for its money. Councilman Monahan-Reviewed the costs of several of the items on the list... Councilman Dr. Wiswall-Do we have the money in the budget? Supervisor Champagne-I have got to go back and look and see where we are going to take that $5,000. Councilman Dr. Wiswall-Ifwe appropriate monies to match the grant and you do not get the grant then what happens? Councilman Monahan-You will keep the five thousand. Ms. York-You keep your five thousand, we still feel very strongly we would want the Town to go forward and appoint a committee..., we want to go forward whether we have grant funds or not it might take longer to do it but we feel strongly it is necessary. Executive Director Martin-Is this application going to be prepared by this group and handed to the Town by March 15th for Fred's Signature. Ms. York-Prior to that. RESOLUTION IN SUPPORT OF CONCEPT OF WATERSHED MANAGEMENT AND PLANNING FOR THE GLEN LAKE WATERSHED RESOLUTION NO.: 119.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Dr. Wiswall WHEREAS, the Town Board of the Town of Queensbury recognizes the importance of the Glen Lake Watershed as having identified environmentally sensitive areas containing endangered and threatened species of plants, animals, and/or birds, and WHEREAS, the waters of Glen Lake and those of the associated lakes and streams in the Glen Lake Watershed are a fishing and recreational resource, and WHEREAS, the Glen Lake Watershed contains businesses and commercial enterprises, as well as residential properties which are important to the economic well-being of the Town and County, and WHEREAS, the Glen Lake Watershed contains major highways and bike trails which are important to the Town, County, and State, and WHEREAS, the water quality of Glen Lake has diminished due to bacterial increases and the growth and proliferation of certain aquatic weeds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury states its support of the concept of watershed management and planning for the Glen Lake Watershed, and further, the Town Board of the Town of Queensbury supports the development of a Comprehensive Watershed Management and Implementation Plan. Duly adopted this 7th day of March, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR RURAL NEW YORK ENVIRONMENTAL ACTION GRANT RESOLUTION NO.: 120.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of applying for a Rural New York Environmental Action Grant jointly with the Glen Lake Association, and WHEREAS, it is anticipated that the funding from said grant will be used to pay for the collection and analysis of water samples to estimate the pollutant loading for specific parameters under a variety of conditions in the Glen Lake Watershed, and WHEREAS, it is understood by the Town Board of the Town of Queensbury that if a grant is awarded, the amount of the grant will be up to the maximum amount of $5,000.00 and the Town of Queensbury will be required to match that amount, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the submission of an application for the Rural New York Environmental Action Grant, as co-applicant with the Glen Lake Association, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the application will be for a grant up to the maximum amount of $5,000.00 and that it could be in a lesser amount but that in any event, the Town of Queensbury will be required to match the amount of the grant with Town of Queensbury funds and that such funds do exist in the General Fund Contingency Account, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury as co-applicant, an application for the Rural New York Environmental Action Grant to be submitted in accordance with the terms and provisions set forth in the preambles hereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor is also authorized and directed to take any other and such further action as may be necessary to accomplish the purposes of this resolution, which is to apply for the aforementioned grant. Duly adopted this 7th day of March, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None Councilman Caimano-Under 4.8 of the Resolution is a resolution setting a public hearing to amend the code of the Town of Queensbury regarding the Fire and Emergency Service Advisory Board and I would like to pull that tonight. I think it is fair to get a copy or several copies to each of the Fire groups and the three emergency groups so that they can read this resolution, I think it is a good one, but they need to have some input into this thing and we are going to have a meeting on the 15th of March so I would suggest that we get them each at least one if not several copies of this resolution on the fire and emergency advisory board, then on the 15th of March they will have feed back for us and then on the first meeting thereafter we can incorporate whatever feed back we get and go on with it and set the public hearing. RESOLUTIONS RESOLUTION OF APPRECIATION RESOLUTION NO. 121.94 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, Joyce Eggleston has served as a member of the Queensbury Zoning Board of Appeals since 1988, and WHEREAS, Joyce Eggleston, has devoted countless hours in the service of this community, and WHEREAS, there has been dramatic growth in the Town, in which Joyce Eggleston has provided invaluable guidance both as a member of the Board and Secretary of the Zoning Board of Appeals, NOW, THEREFORE BE IT RESOLVED, that the Town Board, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Joyce Eggleston for her devotion to the work involved in making Queensbury a better place in which to live. Duly adopted this 7th day of March, 1994, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None RESOLUTION APPROVING TOWN BOARD MINUTES RESOLUTION NO. 122.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board Minutes of February 14th and 17th of 1994 be and hereby are approved. Duly adopted this 7th day of March, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT: None ABSTAIN: Mrs. Pulver RESOLUTION SETTING PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO CERTIFICATE OF INCORPORATION OF THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 123.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury presently has an agreement with the Bay Ridge Volunteer Fire Company, Inc., wherein the said Fire Company has agreed to provide fire protection services for a certain area of the Town of Queensbury Fire Protection District located within the Town of Queensbury, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., is presently desirous of amending its Certificate of Incorporation, by adding a paragraph 4 to Article SECOND of said Certificate, pertaining to the purposes of the Corporation, adding Article EIGHTH to said Certificate pertaining to the earnings and activities of the Corporation, and adding Article NINTH to the Certificate pertaining to the distribution of assets upon dissolution of the Corporation all as required by the Internal Revenue Service, and WHEREAS, the said Fire Company, pursuant to ~404(f) of the New York State Not-for-Profit Corporation Law, has requested that the Town Board of the Town of Queensbury hold a public hearing to review said amendments and adopt a resolution following said public hearing wherein the Town of Queensbury approves said amendments to the Certificate of Incorporation in order to be in compliance with the requirements of the Internal Revenue Service, for a Not-for-Profit Tax Exempt 501(c)(3) organization, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a public hearing to be held on March 21, 1994 at 7:00 p.rn., in the Town of Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, for the previously stated purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk of the Town of Queensbury to publish a Notice of Public Hearing as soon as possible in the official newspaper for the Town of Queensbury, said Notice to be published at least once a week for two consecutive weeks, as required by ~404(f) of the Not-for-Profit Corporation Law, said notice to be in the form presented at this meeting. Duly adopted this 7th day of March, 1994, by the following vote: AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Discussion held before vote: Councilman Caimano- This is to add to the certificate of incorporation? Unknown-This is to amend the certificate of incorporation for the purposes of a Federal Tax ID number. Councilman Caimano-On number 4 where there is in quotation marks "Notwithstanding under any other further provisions" you know what I am talking about, that is a quote from the tax code, am I correct? Unknown-Yes. Attorney Dusek-Noted there was a parallel resolution regarding discount on any bonds or loans they take out for the purchase of the vehicle...Board requested that this be brought before the Board at the next meeting. DISCUSSION-Regarding Rezoning request of Mr. Parillo...Councilman Monahan-Noted she had spoke to Mr. Martin noting that she felt the application was not complete...requested that this be sent to Mr. Martin's department to check for completeness and then come back to the Town Board and then to the Planning Board...It was the recommendation of the Town Board that the Town Clerk send all new applications to Mr. Martin's Dept. for review before they are sent to the Town Board...Mr. Parillo's resolution was pulled. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 124.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1994 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 1994 budget: HISTORIAN: FROM: TO: AMOUNT: 01-7510-4400 (Misc. Contractual) 01-7510-4090 (Conference Expense) 1,000.00 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 7th day of March, 1994, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING MEMBERSHIP IN ADIRONDACK ASSOCIATION OF TOWNS & VILLAGES RESOLUTION NO.: 125.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to maintain membership with the Adirondack Association of Towns and Villages, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized to pay the sum of $512.50 as and for dues to the Adirondack Association of Towns and Villages and complete any other documents that may be necessary to effect membership in the organization, and BE IT FURTHER, RESOLVED, that dues shall be paid for from the Municipal Association Dues Account of the 1994 General Fund Budget. Duly adopted this 7th day of March, 1994, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT: None RESOLUTION CONCERNING TOWN OF QUEENSBURY SEWER PROJECT LEAD AGENCY STATUS RESOLUTION NO.: 126.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Warren County Board of Supervisors is seeking, in accordance with the State Environmental Quality Review Act, lead agency status for the Warren County Sewer Project - Town of Queensbury Supplemental Draft EIS, and WHEREAS, it is proposed that various alternative solutions for waste water management in the North Queensbury area will be discussed in a Supplemental Draft Environmental Impact Statement to the Warren County Sewer Project, along with the identification of a preferred alternative, and WHEREAS, the Town Board of the Town of Queensbury has been identified as a potential involved agency for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it does not have any objections to the Warren County Board of Supervisors being lead agency for the project described in the preambles of this resolution, and hereby authorizes the Town Supervisor to execute a letter dated February 25, 1994 from Clough, Harbour & Associates indicating the Town's acknowledgement and acceptance of the lead agency. Duly adopted this 7th day of March, 1994, by the following vote: AYES Mrs. Monahan, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None ABSTAIN: Dr. Wiswall Supervisor Champagne-Announced a Scoping Session regarding the No. Qsby. Sewer at North Queensbury Fire House (old fire house) March 16th at 7:00 P.M. -Pulled resolution regarding retention of attorney, awaiting further information... RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO.: 127.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the special audit of bills as represented by: 1) Voucher #94-000948, in the total amount of $2,925.00, payable to Business Automation Services, Inc.; and 2) Voucher #94-000949, in the total amount of $8,400.00, payable to Business Automation Services, Inc., be and hereby are approved. Duly adopted this 7th day of March, 1994, by the following vote: AYES Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held before vote:Mr. Christensen-There are two bills one for GIS system and one for building permits and inspection tracking, this is a down payment called for in the last contract..continuation of the mapping system software... COMMUNICATIONS -Ltr. Town Board Dear Supervisor and Town Board Members, Please accept my resignation from the Queensbury Board of Assessment Review at this time. I have enjoyed my tenure working with the other members of the board and with the employees in the assessor's office. I have the highest regard for Helen Otte, Betty Dybas and all the others who put in considerable extra time to accomplish the recent reval, and who helped our board to perform its duties. Because I have taken a full time job as a mortgage originator with GMAC Mortgage Corporation, I feel I must devote my energies in that direction. My congratulations to the new Town Board. I hope I have served the Town well, if only in a minor capacity, and resign with regrets. In closing I would like to add that the next reval deserves the full support of the Town Board through the entire process. Very truly yours, /s/ Jane M. Carusone -Councilman Caimano-Mrs. Monahan you had promised to write a letter of appreciation to Mr. Naylor and Mr. Flaherty have you done that. Councilman Monahan-It is partly done... ATTORNEY MATTERS Attorney Dusek-I need an executive session on a couple of matters Executive Director Martin-requested an executive session. OPEN FORUM Mr. Dick Bilodeau-Treasurer of the Bay Ridge Fire Company, At the last Town Board Meeting I read a letter requesting a vote tonight and at that time it was kind of indicated to us that there was going to be a vote on our pumper this evening we would like to know why there was no vote. Supervisor Champagne-What came since that time and I am not sure there was an affirmative agreement by the Board, I think what we said was, that we would take it into consideration and consider the vote I do not believe that we left anyone with the opinion that there was going to be a definite vote tonight. Following that obviously we came across the issue of having to extend your certificate which is going to take fourteen days to accomplish and to follow that up once that is accomplish then we need to again have a second public hearing in terms of the actual financial package that we are looking at, so we are looking at twenty to thirty days dealing with those issues. It was the consensus of the Board that to proceed to vote on a truck at this stage without first having to go through those other hoops maybe the cart before the horse. Mr. Bilodeau-The Certificate of Amendment is no way hinging on the financing of the truck, that is just a federal ID for our own use... Attorney Dusek-The other resolution does, as I understand it from Paul Pontiff. Mr. Bilodeau-That is for financing from the bank. Supervisor Champagne-But you cannot do one without the other, we have to extend the certificate to buy at no sales tax... Mr. Bilodeau-We applied for the Federal ID approximately seven months ago this is the end of that process, this is not needed for the purchase of the truck. Questioned if the financing resolution would be at the next meeting. Attorney Dusek-Noted he would prepare the resolution to set the public hearing to be before the Board the board at the next meeting. Mr. John Salvadore-RE: Town of Queensbury Sewer Project and your resolution that you adopted agreeing that the County be Lead Agency for purposes of SEQRA, I carmot recall such a resolution being adopted on the first go around of this project for this Town or any other town. Questioned the necessity of this resolution.. . Attorney Dusek-The regulations provide that when there is a project and there is a potential for other involved agencies, and we do this all the time, we notify all potential involved agencies that we desire to be lead agent the County has obviously picked up on the same format and they have indicated that they want to be lead agent. Mr. Salvadore-Noted that there are many residence in No. Qsby. that still question the necessity for this project, I am not one of them, that is one of the alternatives on that list to be studied. Why do they need your resolution to do what they are doing, they did not do it on the first go around? Supervisor Champagne-I do not know that, you may but I don't. Mr. Salvadore-Re: Glen Lake Questioned if the water is owned by the State of N.Y.? Unknown-Yes. Mr. Salvadore-Questioned what the State is doing, they have an interest. RPI State Water Institute what are they doing for Glen Lake? Supervisor Champagne-I would hope part of this study will certainly bring out those issues, how can we coordinate, how can we bring other agencies and involve them in the process... Mr. Salvadore-Re: Chlorine Will this subject be addressed in your EIS in the Water Plant expansion you are planning? Supervisor Champagne-It already has been. Councilman Caimano-We do not need an EIS for one thing, it has already been addressed ... alternatives are being investigated. Mr. Salvadore-Re: Bolton Town Board Meeting Arrest on Lake George, trail in Bolton Town Court, noted costs to the Town..the operations of the Lake George Park Commission are becoming a cost burden to the Town of Bolton, I do not know to what degree arrests on Lake George are finding their way into Queensbury Town Court, but maybe we should look into this impact... Attorney O'Connor-I would ask you to amend my comments earlier thanking various staff members to also include Mr. Naylor... secondly why the Board has not gone forth with the Schmerhorn application for rezomng.. . Councilman Monahan-It was decided that, that was something Carol and I would look at in the Planning Committee along with Jim Martin and get the staff report that we needed and bring it back to the Board. Attorney O'Connor-I think as a matter of public record that should be communicated to an applicant and he should not be left out there to wonder why. I also ask specifically to this particular property why that has happen to this, this is not new, this piece of property was before the Board before for rezoning into multi- family and at that time it was referred to the Planning Board and at that time the application was deemed complete At that time there was a staff recommendation to the Planning Board it went to a hearing before the Planning Board, the Planning Board recommended against the rezoning and at that point the application was amended and even in the mean time, and this is why I say, you may have some rules that you are adopting but lets not get back into ridged little rules and ridged little boxes that do not treat people fairly. In the mean time this fellow applied to the ZBA to attempt to get a five lot single family home subdivision based upon substandard lots which would be allowed by variance as opposed to, I think, his earlier application which was twelve duplex homes on this particular parcel. Again, that went through staff, comment was made by staff, staff has looked at this property twice within the last six months as fully familiar with it and is very able and capable of making comment all that has been asked for at this point is for the Board to refer to the Planning Board to begin the process again so that it can go through the process and perhaps then when the recommendation comes back from the Plarming Board and the County Planning Board, it went to the County Planning Board did not have to go to the County Plarming Board the last time around because we determined it was not within five hundred feet. I hope this time it does not go to the County Plarming Board by error. He has been through three different public hearings on it, the staff has had two different inputs into the same project and what he has done is cut back his density, I think in this particular instance this Board should be in a position to say whether or not it is going to refer it on to the Planning Board for its formal recommendation or formal action. I understand that you may be setting up new procedures new rules but I think you have got to treat them individually. Supervisor Champagne-I think what we are setting up, being new on the Board, I think I have the privilege and the right to pull an application until further study can be done by the Board before we move it to the Planning Board. Attorney Dusek-Any kind of a re-zoning application is a legislative matter and its entirely at the discretion of the Board whether you legislate or not, there is no time clock there is no mandate that you even legislate. Councilman Monahan-Noted that she would be meeting with Carol and we will get the information we need and get back to the Board with it. Highway Supt. Paul Naylor-Requested that the Board see Greenway North and how bad the water is. Councilman Dr. Wiswall-Questioned the status of the sidewalks in W.F.G. Highway Supt. Naylor-It is filled in again... Supervisor Champagne-Asked for further input...Open forum closed. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 128.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel matter leading to possible appointment or hiring of a particular person or agency, one matter involving zoning active, pending litigation, another matter involving potential litigation concerning the Highway Dept. Duly adopted this 7th day of March, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 129.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session and moves back into regular session. Duly adopted this 7th day of March, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN HIGHWAY SUPERINTENDENT TO CLEAN OUT SNOW FORM CULVERTS UNDER DRIVEWAYS RESOLUTION NO. 130.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury authorizes the Town Highway Superintendent to clean out snow form culverts under driveways in accordance the Highway Law Section 213 when the same plugs the pipes and causes water to come upon Town Highways. Duly adopted this 7th day of March, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN RESOLUTION NO. 131.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 7th day of March, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury