2008-03-03 MTG #9REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 1
REGULAR TOWN BOARD MEETING MTG #9
MARCH 3, 2008 RES. # 164-170
7:02PM L.L. #3
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
SENIOR PLANNER- STUART BAKER
TOWN COUNSEL- MARK SCHACHNER
WASTEWATER DIRECTOR- MIKE SHAW
PRESS
POST STAR
TV8
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR STEC OPENED MEETING
1.0HEARINGS
CUMBERLAND FARMS, INC.’S APPLICATION FOR VARIANCE/WAIVER
REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT
SUPERVISOR STEC- Opened hearing and asked if any Board Members have any
questions?
COUNCILMAN MONTESI- How long of a time line do they have?
SUPERVISOR STEC- This would be a one year extension
COUNCILMAN MONTESI- How many one years do you get?
SUPERVISOR STEC- It is indefinite.
COUNCILMAN MONTESI- Is there a reason for not wanting to hook up?
COUNCILMAN BREWER- The paperwork that we got said that they anticipated redoing
the store next year.
SUPERVISOR STEC- It is a convenience thing to redo some construction next year. Please
come up sir. The application says that you anticipated construction in the spring.
MELVIN ROOFIN, PROJECT MANAGER FOR CUMBERLAND FARMS- Yes.
SUPERVISOR STEC- Closed the hearing.
RESOLUTION APPROVING CUMBERLAND FARMS, INC.’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT SET FORTH
IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE
DISPOSAL
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 2
RESOLUTION NO.: 164, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Cumberland Farms, Inc., (Applicant) applied to the Town Board for a
§
second variance/waiver from 136-44 to connect the Cumberland Farms Convenience Store
property located on Route 9 and Kendrick Road to the Town of Queensbury’s Route 9
Sewer District, as the Applicant states that it is looking to remodel the building in the spring
of 2008 and the property’s current septic system is functioning as more fully set forth in the
application presented at this meeting, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant
and the Town Board duly conducted a hearing concerning the variance/waiver request on
rd
Monday, March 3, 2008,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be
materially detrimental to the purposes and objectives of Queensbury Town Code
Chapter 136 and/or adjoining properties or otherwise conflict with the purpose
and objectives of any plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and
would alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Cumberland
Farms, Inc. (Applicant)’s application for a variance/waiver from Queensbury Town Code
§
Chapter 136, 136-44 “Connection to sewers required” and hereby grants the Applicant a
rd
one-year extension of time or until March 3, 2009 in which to connect its properties
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 3
located at Route 9 and Kendrick Road, Queensbury (Tax Map No.: 296.13-1-69) to the
Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in
property use, increase in septic use or additional bathroom facilities added, then such
variance shall immediately terminate unless the Queensbury Town Board review and
approves a new application for a variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Applicant shall pay all charges due as if its property was
connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater
Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of
this Resolution.
rd
Duly adopted this 3 day of March, 2008 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
2.0PRIVILEGE OF THE FLOOR
RICHARD LINKE-
?
Queensbury needs and Ethics Board
?
Spoke regarding zoning laws pertaining to James A Coon, Government Technical
Series. The Court of Appeals pointed out no administrative body may destroy the
general scheme of a zoning law.
MARIE ACKERBAUER-
?
Spoke to the Town Board regarding the recent apprehension of her dog and her
dissatisfaction with the care received at the contracted animal hospital. She
requested that the Board look into it.
PLINEY TUCKER-
?
Questioned resolution 3.4- resolution authorizing establishment of two public
hearing dates for obtaining citizen input for 2008 application to New York State
Office for Small Cities. Supervisor Stec explained that it is part of the Town’s
requirements for a community development block grant program. We are required
to take a minimum of two public hearing dates for these grants. It is a legal
requirement for the grant.
JOAN ROBERTSON-
?
Spoke regarding Resolution 3.1- Zoning. She is opposed to relaxing regulations
limiting the size of parking lots. She is concerned about the amount of blacktop
because it reduces permeability and contributes to excessive storm water run-off.
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 4
She is also concerned about the wetlands. She does not feel that this should be
done.
COUNCILMAN STROUGH-
?
Agrees with Ms. Robertson. Part of our problem is the professional office thing.
We try and put commercial offices in with professional offices and they don’t fit.
Has suggested a potential definition for commercial office which needs to be
placed into the Town zoning code.
KATHLEEN SONNABEND-
?
Three weeks ago the question was raised regarding when the new zoning code
would be implemented. Questioned Supervisor Stec as to whether there has been
any progress?
SUPERVISOR STEC- One of the upcoming workshops is going to be dedicated to that
subject. It is likely to take two months to make the changes that they are going to want to
do and the approval process is going to take a minimum of another two months. We are
looking at July.
MS. SONNABEND- Suggests that the zoning code is where we need to address these
issues. Agrees with Councilman Strough, we need to make appropriate decisions based
upon the uses.
COUNCILMAN METIVIER- Don’t you feel we can achieve that with the Planning
Board? We have a very capable Planning Board.
MS. SONNABEND- The Planning Board gets politicized and the zoning code is in place
to help protect the community and give guidance to the Zoning Board and the Planning
Board.
COUNCILMAN METIVIER- I think the Planning Board does a pretty good job of
protecting the community.
MS. SONNABEND- We need to have guidelines in place that make sense.
SUPERVISOR STEC- I did point out that no other town has a maximum.
COUNCILMAN STROUGH- We have a great Planning Board. Why didn’t we give this
amendment to our zoning to the Planning Board for review and recommendation like we
have everything else?
SUPERVSIOR STEC- John, you know as well as everyone else on this Board that this
parking issue was at PORC which you sat on for two years and came back to the Town
Board that they were unable to make a recommendation. PORC is comprised of Planning
and Zoning Board Members.
COUNCILMAN STROUGH- We did make a recommendation.
BETTY MONAHAN-
?
Spoke regarding resolution 3.1. There is no doubt that those regulations need
tweaking. We need to fix some problems before we do some of this other stuff.
The land areas left to be developed are some of the most sensitive and they are
being affected by the cumulative impacts. They need to have close scrutiny.
DAVE O’BRIEN-
?
Questioned Councilman Montesi about something he said three weeks ago
regarding zoning changes. Wouldn’t it be wiser to make this sort of decision after
the new Board Members have had time to get themselves acclimated?
MARK HOFFMAN-
?
Spoke to the parking/zoning amendment but not in relation to the Gurney Lane
project. Concerned that this is just not a good planning issue in general. One, two
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 5
or three cases of large parking lots isn’t going to result in an environmental
disaster. But if you have an entire street of building after building has a massive
sea of pavement around it you start seeing these cumulative impacts on the
aesthetics on the environment. Unfortunately, developers and business people
even if they don’t need the parking, if it is available to them and they are not
restricted they are going to take it. The cost of putting some extra parking spaces
is miniscule compared with the overall cost of their project. But it does have
adverse impacts on the Town in general. This is the type of issue that needs to be
tweaked, but it should be tweaked on the context of the comprehensive planning
process.
DOUG AUER-
?
Condolences to the couple who lost their pet.
?
Concerned with what he feels is lack of leadership in this Town.
?
Spoke regarding resolution 3.1. This issue of parking has been a problem for
some time. The law was on the books and you knew there was a problem with it.
Why wasn’t Mr. Schermerhorn notified of this?
SKIP STRANAHAN-
?
Directed a question to Councilman Montesi about resolution 45, 1987 regarding
parking around Rush Pond. Councilman Montesi reviewed for Mr. Stranahan the
development around that area in 1987.
?
I think this parking lot law is premature and it should be brought to a meeting of
the Planning Board or somebody else, if it needs an expansion that’s the way we
should pursue with it.
SAM BUTTO-
?
Spoke on resolution 3.1. By creating this amendment is appears to accommodate
certain developers and development proposals. It is even at the overwhelming
opposition of the public. It is contrary to good community planning and it
certainly contrary to the Comprehensive Land Use Plan that you have all
developed. I don’t understand why we are here talking about this now. It appears
to me that there are other alternatives, which are more reasonable and should be
considered.
COUNCILMAN STROUGH-
?
Here is the Comprehensive Land Use Plan and I have made the many references
in the Comprehensive Land Use Plan that shows that large parking lots should be
discouraged, specifically says it on page 39. I just want to add while we bring up
the topic, New York State town law article 16 section 272A paragraph 11
effective adoption of the Town Comprehensive Land Use Plan. All Town Land
use regulations must be in accord with the Comprehensive Plan adopted pursuant
to this section.
KATHLEEN FRANKLIN-
?
Spoke regarding an article in the Post Star in 2006 about a moratorium. I think it
is absolutely foolish to go piece by piece with regards to the zoning amendment.
If we get the plan together and make sure the zoning is in sync with the
Comprehensive Land Use Plan and then go ahead with these things there is going
to be a lot less trouble for everybody.
GAIL BUTTO-
?
All the activity in recent months regarding the application by Mr. Schermerhorn
for a parking variance has brought to the attention of the public a simple and
evident truth. It is the responsibility of the Queensbury Town Board to facilitate
and expedite the completion of the Town Code. Without this document as a
formal instrument for assessment and guidance no one has a reference point.
None of our Boards can be expected to evaluate properly any project proposal
without a completed code. Those wishing to develop their properties may
misinterpret the zoning laws. The intention of the code is to protect all from
inappropriate development while encouraging responsible growth. It is a most
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 6
important document that should not be tampered with before careful consideration
has been made to how each change impact the entire plan.
COUNCILMAN MONTESI- Suppose Mr. Schermerhorn proposed ten ten thousand
square foot buildings on seventeen acres. That is reasonable, let’s say it takes three or
four acres of roadway and he has to have some space for sedimentation ponds. But he is
going to build ten residential looking buildings, ten thousand square foot each on that
seventeen acres. Do you know what that would equate to? Three hundred cars easily.
What I am saying is that acceptable or not acceptable to the neighborhood.
MRS. BUTTO- If it is professional offices that provides services to the neighborhood and
residential in size or square with people who come and go not people who arrive at eight
and leave at five and cause safety issues.
COUNCILMAN MONTESI- There is an impact on that seventeen acres with residential
looking offices.
MRS. BUTTO- But that is shared parking for people who arrive, stay for an hour for their
appointment and then leave. It’s not five hundred and thirty seven cars sitting there all
day and then leaving at the same time.
COUNCILMAN MONTESI- But it may be three hundred cars coming and going all day.
MRS. BUTTO- But that’s not a burst that’s a flow and probably much safer in nature to
all the people in for emergency services, right.
COUNCILMAN MONTESI- So the neighborhood wouldn’t have a problem with
something like that?
MRS. BUTTO- We have said before that if that piece of property is to be developed in
that manner we would welcome that over this big beast monolithic structure.
JOHN SALVADOR-
?
With regards to the public hearing on the parking ordinance change, I mentioned
the fact that you are faced with unintended consequences if you adopt this. You
are going to have a parade of height variances. The land will no longer be used for
building foot print it will be used for parking and the applicants will go up. Gave
examples of a building in the Village of Lake George that received a height
variance through the APA.
?
Spoke regarding the last Town Board Meeting on January 25th where
Councilman Metivier gave a report on the progress being made at Takundewide.
Questioned whether he was aware that the application before the Planning Board
is contingent upon the applicant getting a speedes permit which is contingent
upon this Town forming a transportation corporation. Reviewed the
Transportation Corporation Law. He feels that the project should go no where
JOHN DAVIS-
?
Asked Councilman Montesi if he plans to recuse himself from voting on
resolution 3.1. He is not sure of the source of all the information but there is a
lot of talk around Town about Councilman Montesi’s connection with North
Country Janitorial where he was previously employed and his son who is now
operating the business. The talk is that there is some connection with Mr.
Schermerhorn and his apartments. Councilman Montesi replied that he has
been retired from that business for four years and the only connection that he
can think of between North Country Janitorial and Schermerhorn would
probably be the Ridge Street Building. They maintained that for twenty years
when it was Kamyr.
?
Asked Councilman Metivier if he plans to recuse himself from voting on
resolution 3.1 as well. It has also been said that with Councilman Metivier’s
connection with Frontgate Real Estate where he is an agent as well as his
mother and Mr. Schermerhorn’s mother-in- law. Councilman Montesi said
that he has seen Mr. Schermerhorn’s mother-in-law maybe once in the last
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 7
three years. Mr. Davis stated that if this is all fact then Frontgate Real Estate
would tend to gain as a result of a positive vote on this issue.
MARYLEE GOSSELIN-
?
Why does Mr. Schermerhorn’s name keep coming up with regards to resolution
3.1 when everyone keeps saying that this has nothing to do with him?
?
If two of the Board Members are new and they need to get familiarized with thing
what is the urgency of voting on resolution 3.1?
3.0RESOLUTIONS
DISCUSSION HELD BEFORE COMPLETION OF SEQRA:
COUNCILMAN STROUGH- Stu, before we begin with SEQRA. Type 1 actions, 617.4
section B, subsection 2, adoption of changes and allowable uses within any zoning
districts affecting twenty five more acres should be a type 1 action. Also, in the reading
material it says the first step in a SEQRA review is to take a hard look at the possible
impacts of an agency action and make a determination where one or more adverse
impacts may result. Take a hard look. When we have amended the zoning before we have
always done a long form. Even in the part 1 of the short form and god knows why we
decided to go with the short form maybe just to make it quick and easy.
SUPERVISOR STEC- Like it has been
COUNCILMAN STROUGH- Well, for some reason it has been on the fast track.
Anyway, let me stay with SEQRA. In part 1 it says that this affects twenty six thousand
one hundred twenty four point eight acres, we are seventy two square miles and you
could make the argument that it affects the whole town which is forty six thousand eighty
acres. In any event…
COUNCILMAN MONTESI- Don’t we exclude…
COUNCILMAN STROUGH- If you look down below in number nine Ron, you will see
what we did not exclude okay. Go ahead, take a look. In any event, even twenty six
thousand one hundred and twenty four point eight acres exceeds the threshold defined in
type 1. So, therefore we’re really talking at a minimum of if you want to give us a hard
look and you want to do this correctly you should be doing this long form EAF and not
the short form. Precedent? We’ve done it with all the others, why all of the sudden do we
take a short form. Don’t you want to give us a hard look to see what kind of impacts this
is going to have on our Town? I think the Town Board Members want to maybe with the
exception of one. But, I think we should do the long form and to do the short form I don’t
think is appropriate. Also, because the Warren County Planning Board was asked to have
a special hearing, which three out of five voted against this proposal by the way, but let’s
get back to SEQRA. It seems that and if you read the Chronicle it seems that this is being
done for certain projects that are before the Town now. If that is the case, not to include a
review of those projects along with this could be deemed segmentation, could be deemed
segmentation; especially the clause about preexisting, that seems to be a catch too. There
are arrows pointing in the direction that these are trying to accommodate preexisting
applications. I believe this is my opinion that those preexisting applications should be
taken into consideration when doing the SEQRA analysis. My main point is I think we
should be doing a long form and I think there is substance and there is precedent to that in
this Board.
SUPERVISOR STEC- Mark, do you care to offer and opinion on whether or not this
short form is or is not appropriate for this.
MR. SCHACHNER- Sure, I think that I have a fair amount of knowledge about the New
York State Environmental Quality Review Act and its regulations. The provision of the
SEQRA regulations that Councilman Strough was referring to reads and I believe you
read it correctly, I’m just repeating it, the adoption of changes in the allowable uses
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 8
within any zoning district effecting twenty five or more acres of the district. My
understanding of the proposed zoning amendment is that it would not change what are or
are not the allowable uses in any zoning district. Allowable uses are commercial use,
residential use, list of uses when there are zoning districts, etc, etc. We have schedules of
allowable uses, as far as I know the proposed amendment relates only to the number of
parking spaces that might be allowed and I believe it is town wide other than within the
Adirondack Park. I don’t see how it changes “what are the allowable uses”? As a result,
I’m not aware of any requirement that this be treated as a SEQRA type 1 action. The
significance of whether this needs to be treated as a SEQRA type 1 action or not is
simply that if it was a type 1 action then there is authority that indicates that a long form
might be required. If it is not a type 1 action and I apologize for using these terms of law
and art but that is what we are talking about here. If it is not a SEQRA type 1 action it is
what’s called a SEQRA unlisted action, meaning it is neither a type 1 action or a type 2
action and with an unlisted action it is permissible to use the short environmental
assessment form.
COUNCILMAN STROUGH- It’s permissible. However, let me ask you a question as our
Counsel, given the tenor of the community and given the far reaching and potential
significant impacts that this zoning changing could propose would you recommend a long
form as opposed to a short form in this particular instance, especially given that we’ve
done that before with the same kind of situation that have been preceded on this Town
Board?
MR. SCHACHNER- I have no recommendation in that regard, Councilman Strough.
There are a lot of assumptions in that question that I may or may not agree with but they
don’t raise legal with issues. The legal issue is whether this is a SEQRA type 1 action or
a SEQRA unlisted action, as far as I know unless I’m missing something, it is a SEQRA
unlisted action and therefore, and you probably know I chose my words fairly carefully,
therefore it is permissible for the SEQRA agency, which is in this case is the Town Board
to utilize a short environmental assessment form. I use the word permissible because
that’s not to suggest that if a majority of the Board wanted to use the long form you
couldn’t do that, you could do that but it’s not required.
COUNCILMAN STROUGH- Alright. It doesn’t really answer the question but let me
ask the question a little bit differently. If you wanted this Board to take the safest
approach…
SUPERVISOR STEC- Then we wouldn’t be doing this, we would do nothing.
COUNCILMAN STROUGH- Against legal would you suggest a short form or long
form?
MR. SCHACHNER- My recommendation is to comply with the New York State
Environmental Quality Review Act.
COUNCILMAN STROUGH- Which form makes you take a harder look at the change
you are proposing.
MR. SCHACHNER- Generically or in this case?
COUNCILMAN STROUGH- Generically
MR. SCHACHNER- Generically, generally speaking
COUNCILMAN STROUGH- The long form or the short form?
MR. SCHACHNER- Generally speaking the long environmental assessment form would
facilitate a more detailed review of a proposed action than short environmental
assessment form. But I’m not making that recommendation.
COUNCILMAN STROUGH- No, but you answered my question. It would force you to
take a more thorough, in depth look at what you are trying to do here. Correct?
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 9
MR. SCHACHNER- No, that is not, no. I don’t believe that. That is not what I said.
COUNCILMAN STROUGH- What did you just say?
MR. SCHACHNER- I said that generally speaking the long environmental assessment
form facilitates a more detailed review of a proposed action
COUNCILMAN STROUGH- Detail or more in depth
MR. SCHACHNER- Mr. Strough, all do respect, let’s not interrupt one another okay.
What I was saying was, generally speaking the long environmental assessment form
facilitates a more detailed review of a proposed action then the short environmental
assessment form. Zoning amendments are notoriously difficult to review under either
form because the forms don’t really lend themselves very successfully to review of
zoning amendments. So the prevailing wisdom in this state is that really neither form
lends itself particularly well to detailed review of zoning amendments because the forms
are really much more focused on project specific information like the size of a building,
the amount of air emissions from a proposed factory or what have you. So the prevailing
wisdom is actually that neither form lends itself particularly well to taking the hard look
that SEQRA requires.
COUNCILMAN STROUGH- But, I’ll go with what you said; I’ll even use the word
detailed. The long form would give you a more detailed look at what you are trying to do.
Okay, I’ll go with that. I think that is the safest route that we should go. How about the
precedent; that is what we have always used in the past and this is a break from
precedent.
SUPERVISOR STEC- I’m going to take exception to precedent John because…
COUNCILMAN STROUGH- When we did professional office we did the long form
COUNCILMAN BREWER- We changed the zone then though
COUNCILMAN STROUGH- No, we amended the zone
SUPERVISOR STEC- We broke from precedent last two years on several occasions
COUNCILMAN STROUGH- We didn’t for professional office, we used the long form
SUPERVISOR STEC- We did for professional office no but as far as including or not
including current applications we included current applications to take property rights
away two years ago. So, we’ve broken, that Board found that it was in the Town’s
interest to break from that precedent. That’s a fact.
COUNCILMAN STROUGH- Well, what we did was we used the long form. We should
use the long form now. I don’t know why we went to the short form. It seems like maybe
you don’t want to take a hard look at this.
COUNCILMAN MONTESI- John, when we took that professional office, when you did
the professional office two years ago or three years ago somehow even with all the detail
you missed a point that commercial buildings were included in that. How did that
happen?
COUNCILMAN STROUGH- We brought it up and as a matter of fact
COUNCILMAN MONTESI- But you passed it.
COUNCILMAN STROUGH- Ron, you know what, here is the language that went along
with that, at the time of the passing I was assured by other members of the Board that we
would take a hard look at the proposal that I brought forward, which I don’t know if
you’ve seen that or not.
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 10
COUNCILMAN MONTESI- What passed was professional office buildings and it had
no information in there that said you were looking for residential type of buildings.
COUNCILMAN STROUGH- Yes it did. What I am trying to tell you is we recognized
the problem Ron; we never got around to fixing it.
COUNCILMAN MONTESI- So, it isn’t fixed. But it wasn’t fixed with a SEQRA 1
detailed.
COUNCILMAN STROUGH- It isn’t fixed. Well, you know what, Part B isn’t fixed, the
zoning isn’t fixed, the cable TV franchise isn’t fixed, the ethics committee isn’t fixed. I
could keep on going about all the things that aren’t done.
SUPERVISOR STEC- What happened to the ethics committee? Why did they all quit?
They all quit.
COUNCILMAN STROUGH- Well, because we put a clause in there saying that you
should not be on a political committee and also be on the ethics committee and also be on
the ethics’ committee. Is that why they quit?
SUPERVISOR STEC- They weren’t all on committees. What we did was we went
through all the resumes and found a disqualifier for all of them. We offended all five of
those good people and they all quit. Because they gave you an answer that you didn’t
like. That’s the fact.
COUNCILMAN STROUGH- I don’t see anybody that disagrees with me that it is not a
good idea to have people who are on political committees and be on the ethics board.
SUPERVISOR STEC- That you shouldn’t negotiate a contract with yourself? You should
sit on this Board and another board? That’s what they ruled on John
COUNCILMAN STROUGH- Can I talk without you interrupting me?
SUPERVISOR STEC- Go ahead John. You have been talking for twenty minutes though.
COUNCILMAN STROUGH- I’m just trying to catch up with you. The ethics committee
is not the discussion here but in any event my point is…
SUPERVISOR STEC- There is cable TV John
COUNCILMAN STROUGH- Well, the list of things not getting done in this Town is that
long.
SUPERVISOR STEC- And that’s because of what you just spent fifteen minutes saying
that we
COUNCILMAN STROUGH- All of the sudden we’ve got to get this done in present all
the rest of that stuff has taken a back seat, now we have got to this.
SUPERVISOR STEC-This little paragraph in the Zoning Code, John at this pace will
take us ten years to go through the whole Zoning Code. I want to know right now is
every paragraph in the Zoning Code going to be like this with you. That is what I am
curious about.
COUNCILMAN STROUGH-I helped write the Zoning Code.
SUPERVISOR STEC-I have been working with this Code for nine years myself, now
John.
COUNCILMAN STROUGH-Well, I did not see you on any of the committees helping to
write it.
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 11
SUPERVISOR STEC-I was on the Town Board that passed every change in the last nine
years.
COUNCILMAN STROUGH-You were on the Town Board I did not see you doing
anything
COUNCILMAN BREWER- Let’s stop
SUPERVISOR STEC- Go ahead and walk us through short form please Stu
PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY)
A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART
617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE
NO
FULL EAF.
B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR
UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE
DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED
NO
AGENCY.
ANY
C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED
WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF
NO
LEGIBLE)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels,
existing traffic pattern, solid waste production or disposal. Potential for erosion,
NO
drainage or flooding problems? Explain briefly.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural
NO
resources or community or neighborhood character? Explain briefly.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
NO
threatened or endangered species? Explain briefly.
C4. A community’s existing plans or goals as officially adopted, or a change in
NO
use or intensity of use of land, or other natural resources? Explain briefly.
C5. Growth, subsequent development, or related activities likely to be induced by
NO
the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5?
NO
Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy?
NO
Explain briefly.
D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL
CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A
CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY
NO
E.
IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO
POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN
YES
BRIEFLY.
MR. SCHACHNER- I myself, and maybe I missed voices, but I heard mostly three
voices on each of those and while a majority of the three were answering in the no,
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 12
actually it has to be a majority of the entire Board that carries these decisions. So, I’m
not suggesting that we need to do them over again but I think we need to know
whether Councilman Montesi and Metivier are on the no or on the yes side of these
questions.
COUNCILMAN MONTESI- No
COUNCILMAN METIVIER- I was on the no
MR. SCHACHNER- Okay, so that being the case then I think that all four questions
would be answered by clearly a majority of the Board in the negative. I’m not sure on
the last question. The last question is the only one that doesn’t really require a
judgment call on potential environmental impacts it really more an empirical
observation of whether there is public controversy or not regardless of the foundation
of the public controversy.
SUPERVISOR STEC- In that case, there is controversy. There are obviously several
people here.
MR. SCHACHNER- Correct. So, I am suggesting that you might want to think about
that answer to that question because again that does not call for the Town Board to
make a judgment as to the validity of the controversy or the justification or anything
else. It is merely and empirical observation of whether there is controversy of a
potential environmental impact.
SUPERVISOR STEC- There is clearly controversy.
COUNCILMAN BREWER- But clearly doesn’t that controversy related to potential
adverse environmental impacts
MR. SCHACHNER- Right, but what I’m saying is in my opinion as Counsel, I’m
hearing controversy related to potential environmental impacts regardless of the
validity or lack of validity. Of course, I take no opinion on that. I’m hearing
controversy so I’m concerned about the Boards answer to that question.
SUPERVISOR STEC- Alright, so let’s say yes.
RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2008 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
TO REVISE PARKING REQUIREMENTS
RESOLUTION NO. 165, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board wishes to provide greater flexibility to
property owners and project sponsors in providing additional off-street parking when
needed for specific projects without increasing the requirements for all projects, and
WHEREAS, the Town Board therefore wishes to consider adoption of Local Law
No.: 3 of 2008 to amend Queensbury Town Code Chapter 179 “Zoning,” which would
revise §179-4-040-(B)(10) to allow a property owner or project sponsor to provide, for
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 13
property outside of the Adirondack Park, up to 100% more parking than required by the
Town Zoning Law if approved by the Town Planning Board, and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead
agency status for compliance with the State Environmental Quality Review Act (SEQRA)
which requires environmental review of certain actions undertaken by local governments,
and
WHEREAS, the proposed action is an Unlisted Action in accordance with the rules
and regulations of SEQRA, and
th
WHEREAS, on or about February 4, 2008 the Warren County Planning Board
considered the proposed Local Law and took no formal action of recommendation, and
WHEREAS, the Adirondack Park Agency has advised that the proposed Local Law
does not involve provisions of the Adirondack Park Agency Act or the Agency-approved
Local Land Use Program and therefore no further review by the Agency is necessary, and
th
WHEREAS, the Town Board duly held a public hearing on Monday, February 11,
2008 and heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting
and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed
action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the
action for potential environmental concerns, determines that the legislative amendment will
not have any significant effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor to complete the Short Environmental Assessment Form by checking the box
indicating that the proposed action will not result in any significant adverse environmental
impacts, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 14
RESOLVED, that the Town Board approves of a SEQRA Negative Declaration or
determination that no Environmental Impact Statement is necessary and authorizes and
directs the Town Clerk's Office to file any necessary documents in accordance with the
provisions of the SEQRA regulations of the Department of Environmental Conservation,
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of
2008 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” as presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to file the Local Law with the New York State Secretary of State in accordance
with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law
will take effect immediately upon filing with the Secretary of State.
rd
Duly adopted this 3 day of March, 2008, by the following vote:
AYES: Mr. Montesi, Mr. Brewer, Mr. Stec
NOES: Mr. Strough
ABSENT: None
ABSTAIN: Mr. Metivier
LOCAL LAW NO.: 3 OF 2008
A LOCAL LAW TO AMEND ZONING LAW
TO REVISE PARKING REQUIREMENTS
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS
FOLLOWS:
SECTION 1.
PURPOSE; AUTHORITY – The purpose of this Local Law is to
provide greater flexibility to property owners and project sponsors in providing additional
off-street parking when needed for particular projects without increasing the requirements
for all projects. This Local Law is adopted pursuant to Municipal Home Rule Law Section
10.
SECTION 2.
AMENDMENTS – Queensbury Town Code Chapter 179,
“Zoning,”, is amended as follows:
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 15
A. Section 179-4-040(B)(10) is revised to read as follows: “If approved by the
Planning Board, a property owner or project sponsor may provide, for property
outside of the Adirondack Park, up to one-hundred percent (100%) more parking
than the minimum number of parking spaces required by Table 5. For property
within the Adirondack Park, a property owner or project sponsor may provide up
to twenty percent (20%) more parking than required by Table 5, if approved by
the Planning Board.
SECTION 3.
SEVERABILITY – The invalidity of any clause, sentence, paragraph
or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or
part thereof.
SECTION 4.
REPEALER – All Local Laws or ordinances or parts of Local Laws
or ordinances in conflict with any part of this Local Law are hereby repealed.
SECTION 5.
PENDING APPLICATIONS – Any application pending prior to the
date of the Public Hearing on this Local Law but not yet approvedshall be subject to the
new provisions established by this Local Law.
SECTION 6.
EFFECTIVE DATE – This Local Law shall be filed in the Office of
the New York Secretary of State as provided in New York Municipal Home Rule Law
Section 27 and shall take effect as provided by law.
RESOLUTION AUTHORIZING CLOSURE OFMEADOWBROOK
ROAD AREA WATER MAIN REPLACEMENT PROJECT FUND
NO: 160
RESOLUTION NO.: 166, 2007
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with Resolution No.: 309,2006, the Queensbury
Town Board established the Meadowbrook Road Area Water Main Replacement Capital
Project Fund #160, and
WHEREAS, the Town Water Superintendent has advised that the project is
complete, and
Whereas, the Town’s accounting records show that there is approximately
$141,017.36 remaining in Capital Project Fund #160, and
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 16
WHEREAS, the Town Board wishes to close this Capital Project Fund and
transfer the Fund’s remaining fund balance to Water Capital Reserve Fund #065,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Budget Officer to close the Meadowbrook Road Area Water Main Replacement
Capital Project Fund #160 and transfer the Fund’s remaining balance to Water Capital
Reserve Fund #065, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Budget Officer to take such other and further action as may be necessary to effectuate all
terms of this Resolution.
rd
Duly adopted this 3 day of March, 2008, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION SUPPORTING THE NEW YORK STATE
PROPERTY TAXPAYERS PROTECTION ACT
RESOLUTION NO.: 167, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the tremendously high property tax burden on New York families and
businesses is the number one issue facing our community today and the sheer cost of living
in New York has forced many residents and businesses to leave, thus slowing the economic
engine of the State, and
WHEREAS, young people are finding it difficult to purchase homes, seniors are
struggling to maintain their homes and businesses are facing immense challenges to create
and retain jobs, and
WHEREAS, New Yorkers face the highest property taxes in the nation and when
measured as a percentage of home value, nine of the top 10 property tax rates in the entire
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 17
country belong to counties in New York, and the State must act now to thwart the
detrimental effects that high property taxes are having on local governments, and
WHEREAS, Assembly Minority Conference Members have introduced the “New
York State Property Taxpayers Protection Act” (Assembly Bill 8775-A) which puts forth
new and innovative ideas for property tax reform that limit the amount that school districts
can raise annually through local tax levies to four-percent (4%) or the rate of inflation,
whichever is less, and
WHEREAS, in addition, the Act would relieve municipalities and school districts of
unfunded mandates, reduce county Medicaid costs, strengthen financial accountability over
school tax dollars, promote local government efficiency and encourage local option
insurance pooling, and
WHEREAS, the “New York State Property Taxpayers Protection Act” will help fix
New York’s broken property tax system by providing homeowners, businesses and
municipalities significant and lasting relief from the crushing burden of skyrocketing
property taxes,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby pauses in its deliberations to
acknowledge New York State’s property tax crisis and urge the immediate passage and
chaptering of the “New York State Property Taxpayers Protection Act,” which will help
local governments reinvigorate New York’s economy by providing incentives for people
and businesses to move and stay here, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor’s
Office to forward certified copies of this Resolution to the New York State Governor, the
Temporary President of the New York State Senate, the Speaker of the New York State
Assembly and each member of the New York State Legislature.
Duly adopted this 3rd day of March, 2008, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
*DISCUSSION HELD BEFORE VOTE:
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 18
COUNCILMAN STROUGH- Very supportive of this bill. Would like to see that this also
apply to the State, County and local governments; not just the schools.
SUPERVISOR STEC- We will pass this resolution and I will work on another resolution
to include exactly that.
RESOLUTION AUTHORIZING ESTABLISHMENT OF
TWO PUBLIC HEARING DATES FOR OBTAINING
CITIZEN INPUT FOR 2008 APPLICATION TO
NEW YORK STATE OFFICE FOR SMALL CITIES
RESOLUTION NO.: 168, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the New York State Small Cities Office is accepting applications
from eligible communities to compete for funds available through the New York State
Administered Small Cities Community Development Block Grant Program (CDBG), and
WHEREAS, the Town of Queensbury has reviewed its housing and community
development problems and needs, and
WHEREAS, the Town will hold two public hearings to obtain citizens’ views and
develop a proposed program and application for funds,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold two public
hearings at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on
thth
Monday, March 17, 2008 and Monday, April 7, 2008, to hear all interested persons and
take any necessary action provided by law concerning the Town’s application for
Community Development Block Grant (CDBG) funds through the New York State
Administered Small Cities Program, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury
Town Clerk to publish and post Notices of Public Hearings a minimum of ten (10) days
prior to each scheduled public hearing, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 19
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Clerk and/or Senior Planner to sign any documentation and take any
actions necessary to effectuate the terms of this Resolution.
rd
Duly adopted this 3 day of March, 2008 by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
RD
WARRANT OF MARCH 3, 2008
RESOLUTION NO.: 169, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
th
presented as the Warrant with a run date of February 28, 2008 and a payment date of
th
March 4, 2008,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
thth
run date of February 28, 2008 and payment date of March 4, 2008 totaling $292,979.47,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
rd
Duly adopted this 3 day of March, 2008, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING 03-03-2008 MTG #9 20
4.0CORRESPONDENCE
NONE
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER-
?
Met with a representative from AT&T on Friday morning. They have a State
program that could potentially save us an extra twenty percent off of what their
rates are.
COUNCILMAN STROUGH-
?
Spoke regarding Queensbury Senior Citizens and highlighted upcoming activities.
COUNCILMAN MONTESI-
?
Spoke regarding the clean up of the Luzerne Road PCB site.
?
On Wednesday, March 19, 2008 at 6:30 PM at the West Glens Falls Fire House
there will be a public hearing regarding the easement and eminent domain
proceedings along Main Street.
COUNCILMAN METIVIER-
?
Thanked our Highway Department for their hard work.
SUPERVISOR STEC-
?
Thanked TV8 and Cool Insurance for the televising/sponsoring of our Town
Board Meetings.
?
We are looking for people for the Ethics Board. We are looking for people who
can be open-minded and preferably not politically active. If there is anyone who is
interested please send letter expressing interest personal background addressed to
me at 742 Bay Road.
?
We looking into better cell phone rates and service the Town, Fire and EMS
companies.
?
On March 19, 2008 there will be a joint public hearing between the Town and the
County at the West Glens Falls Fire House at 6:30 PM. Certified letters went out
to all those people who own property in that corridor.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 170, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED: Mr. Ronald Montesi
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
Duly adopted this 3rd day of March, 2008, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
Respectfully,
Darleen Dougher
Town Clerk/Town of Queensbury