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1991-02-14 SP G-~\ MTGI6 SPECIAL TOWN BOARD MEETING FEBRUARY 14, 1991 3:00 P.M. . TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town A ttorney Paul Dusek '" ~h TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka ; MEMBERS OF THE QUEENSBUR Y PLANNING BOARD PRESENT Mr. Peter Cartier Mr. Nick Caimano Mr. James Martin Mrs. Carol Pulver PRESS: G.F. Post Star, Channel 8, WWSC SUPER VISOR BOR GOS-Opened the Meeting-Discussion will be held on planning concerns;.:spoke to the group regarding concerns that most commonly are brought to his attention...time/money and frustration...people have voiced concerns over the time it takes from day one of an idea they have until conclusion, they are concerned about the amount of money to go through our process and they are frustrated because of these things. We have a traditional authority, responsibility concern, who does what and who is legally allowed to do what. Noted that there has been some recent action to release the reports and recommendation of the different groups the Monday before the Tuesday evening meeting of the Board to the project sponsors...another concern is the level of change that may be accepted by the Planning Board at a meeting, this may be left to your decisiõn (Planning Board) ...who approves Press Releases? Town or Planning Board...Another concern-Planning Dept., was hired by the Town Board and is paid by the Town Board, staff etc. who sets the work schedule...discussion held in regard to hiring of engineers, what is the criteria for hiring engineers...how can the process be done faster?... who is authorized to change the process? ...In regard to a letter by Mr. Cartier someone is trying to politicize ) the planning issues and bend the planning process to the will of a narrow segment of the Town, I am anxious to hear what is meant by that... Mr. Cartier-In regard to the last issue, aliI was trying to establish and perhaps I was not as diplomatic in saying it as I could have been, I was simply trying to establish that there should be a clear line of demarcation between political process and planning process and thut I was in effect drawing that line, whether I did it in an appropriate way or a way that made you uncomfortable obviously but that is basically what I was referring to. ... I think what is going on out there is that there are some strongly held opinions being offered frequently and sometimes what happens is when opinions are said often enough they take on the aura of being fact...(addressing first concern of the length of time of the process) our time does not become involved until they walk in the door of the Planning Dept., that is the only thing that we have control over...(reviewed the time that other communities such as Lake George, Sarotoga Springs, Latham, Clifton Park, Guilderland take for certain review processes) the way I see the facts is thot we come out number one in speed of approval... Mr. Caimano-Noted that we have even tried to make that better... Mr. Martin-Through my profession I encounter these types of things every day and I encounter them in a cross section of clients both public and private and it is something that I see 011 the time, the private developer will overlook things he is anxious and that is a connecting theme with this type of business, so therefor I think it is unfair to say that these people are so anxious they want to do things, sure they are but they, it is just not in Queensbury that they overlook, it is the nature of the beast that they are going to overlook things, they are anxious they overlook components to the financing what is necessary ...so I do not think that you can dismiss the ) comparisons to other communities because we are all under a N. Y. State Law and you can only make it so good... \ Mr. Cartier-Spoke about speeding up the process..noted that this board is willing to have special meetings... we have come up with an expedited process for smaller projects... we have exemptions from agenda controls...we are working on a pre-engineering review system... Supervisor Borgos-Is that a Planning Board decision or a Town Boord decision in outlining the lo<Ç process at which things go through the system? Mr. Cartier-It seems to me that is really 0 Planning Boord policy and what the Planning Boord needs to do is establish some sort of policy and toke it to the Town Boord and soy this is what we would like to do. Does not the Town Boord pass on 011 Planning Boord policies? Supervisor Borgos-It is my understanding that the Town Boord posses on Planning Boord policies but is that 0 Planning Boord policy, if it is then lets determine that and get it through. Councilman Montesi-Spoke on pro;ect that"'r:t'Jfì1e to the Boord with deficiencies, questioned how this con be lessened in time ... Counc;jIman Monahan-Spoke in regard to the developers engineer and town engineer talking at on earlier stage to cut down on the money the developer is spending in engineer fees and you ore getting in front of the Planning Boord 0 plan that is not going to hove so much... Mrs. York-What we need is 0 mechanism to charge the developer for that review... Mr. Cartier-I think that is something the Planning Boord sits down with the stoff ond figures that out, we hove on engineer on the Planning Boord that has already come up with some criteria and this is stuff we con approve contingent upon....how has this been handled in the post? A ttorney Dusek-Noted that 0 lot of these issues did not arise in the post, basically the low provides that there is on ability of the Planning Boord t09dopt its own rules and regulations which this Boord has done too in the post and in fact has mode modifications to those rules and regulations. They propose them they hold public hearings on them they adopt them and then they send them to the Town Boord who has the final soy os to whether or not they would approve those regulations. If the Town Boord does they become effective, if they do not, they go bock to the drawing board. There is 0 grey area in the low, con the Planning Boord hove certain policies that ore not necessarily in the shope of 0 regulation per soy that goes through this whole process? Those ore things that you hove to look on at 0 case by cas.e basis. The safer way is by written rules and procedure because theFl you know it will hold up later. .... Supervisor Borgos-I would like to request that the Planning Boord make 0 list of the kinds of things and at some point fairly quickly hove 0 meeting where we con discuss.in 0 workshop basis those kinds of problems so we con hove delineated os quickly os possible the authorities and responsibilities... Councilman Monahan-Spoke to the Boord in regard to Escrow Accounts... Discussion held on pre-engineer review.. maior vs. minor... Councilman Potenza-questioned what happens when there is 0 disagreement between the Town Engineer and the Developer's Engineer? It was noted that the Town Engineer and the Developers Engineer ore requested to meet and iron out the problems ... Mrs. York-Noted that after Stoff Review occurring the first Monday oT the month that afternoon we send out 011 pockets to Warren Co. for review... those people cannot be reviewing 0 different plan and they hove 30 dåys in which to comment on it...then within the time frame the involved agencies ore contacted and then toward the Planning Boord Meeting I call them again and ask them for their comments, the thirty days has not elapsed in time, they con toke the thtfty days to comment... Mr. Cartier-Noted position of the Planning Boord... the Planning Boord is responsible for the maintenance of the Moster Plan and seeing to it that .the applicants adhere to the ordinances derived from that...regarding the Planning Dept. Stoff the answer to me again is that the Planning Dept. works for the Town by providing services to the Planning Boord the Zoning Boord etc... Supervisor Borgos-Questioned who hod the right to set the work schedule for the Planning Dept. ? Mr. Cartier-I believe it is 0 matter of priorities... the Planning Dept. has 0 bunch of iobs to do, some of which ore for the Town Boord some of which ore for the Zoning Boord and I do not hove the answer for this... we hove to decide\ what tokes precedence on Plonning Stoff time...1 hope that it is 0 group decision. Mrs. York-Noted that she felt that it hod not been 0 problem... Mr. Cartier-Discussed Level of Change...at what level of change does on application involve lotn getting kick bocks through the loop ogoin, we ore working on thot...those seem to be mostly engineering i~sues... Discussion regording Site Visitotions, noted thot the press is notified of site visitotions on Soturdoys... ' Councilmon Montesi-Asked the Boord to review High Commercio/, furniture stores not included.;. PRESS RELEASE DISCUSSION-Supervisor Borgos-I do not wont to tomper with Plonning Boord things unless YOII just wont it checked. .It wos ogreed thot 011 Plonning Boord Press releoses would be opproved by the Plonning Bod'r'ð!'" , Councilmon Monohon-Requested thot 0 policy be estoblished thot when the town's engineer is,going to be on the owners or developers project thot they should be notified...hove on oppointrr set up... Mr. Cortier-Questioned whether the opplicont should be notified when the Plonning Boord is touring 0 project? Supervisor Borgos- Yes. Thot would give those people the opportunity to point things out to you. Mr. Cortier-Who is outhorized to chonge the process? My opinion is thot Plonning Board policy is controlled by the Plonning Boord with the opprovol of the Town Board...noted that once the opplicont knows the process, the opplicotion goes foster...1 think whot needs to be done is somp. educotion... Supervisor Borgos-Booklets ore being worked on for subdivisions, pools whotever, to give to the people. Mr. Mortin-I would like to see 0 totolly revomped opplicotion for both subdivision ond site pIon review... we hove to structure something from the stond point of someone thot hos never heord of onything like this before ond moke it eosier ond more explonatory. ,'" Supervisor Borgos-Recommended thot Mr. Mortin meet with Mrs. York ond structllre 0 new opplication form... Mrs. Pulver-Spoke to the Boords regording chorges to the subdividers, there hos to be rules bllt I would like to hove it better... ) Mr. Mortin-I think the Town should give serious considerotion to moybe revising its ottitude toword minor subdivision regulotions, I feel 0 lot of the problems thot we ore hearing ore these smoller groups or transfer of property among fomily members thot could be handled in 0 minor subdivision clause ... Mr. Cartier-The Plonning Dept. stoff hos been toking 0 lot of hits from 0 voriety of directions I just want to stote thot this Plonning Dept. stoff, os for os 10m concern has brought this town into the 20th century, os far os planning is concerned...noted thot the Plonning Boord is in need of onother member... ' Mrs. Monohon-Expressed her concern regording Highwoy Commercial... look at the uses in eoch of the Highwoy Commerciol zones in Town... A ttorney Dusek-I hove noticed thot some of the big questions thot hove been roised wos in terms of who hos outhority ond who should be responding to the vorious concerns thot hove been roised, ond some of the ideos thot ore olso out flooting oround in terms of how to hondle the problems. Just to give you my quick input ond moybe it is olreody evident from whot I see in breoking down, somehow this issue hos been so confusing becouse it seems thot there ore 0 number of, different agencies hove to toke different steps. The onsite review of the press wogon ond opprovol of press releoses that is cleorly, I con give you some quickies, thot is cleorly policy no need for speciol regulotions no need for onything on thot, the planning boord simply sets thot. The, thing thot very much surprised me todoy the listing of uses thot ore set forth in our Zoning Ordinonce number type /I list thot we hove wos a comment that, thot wos meont to be only illustrotive ond not definitive. The ordinonce does not soy thot ) ond if thot is the cose, then that is on exomple of 0 Town Boord oction thot would be needed to omend the Zoning Ordinonce immediotelx to moke thot the point, ond moybe thot would eliminote some of the concerns thot hove been roised here. The example of the revision of the opplicotion for site plan ond subdivision opplicotions thot the Boord reviews thot type of thing would be on exomple of 0 form thot the Boord would develop first, I think it would be o good ideo to incorporote thot in your rules ond procedures, therefore go through 0 public heoring ond then hove the Town Boord opprove that one. So, whot I see here, there ore 0 number of issues thot hove to be opprooched with different legal mechonism to get the results here, 19ì personally I hove found this very helpful hearing everyone discuss this because I om starting to get 0 sense,. now, os to what the issues ore os I om sure you ore, perhaps we con start to work with the right mechanism that is my ¡ob to help you through the process legally so that you hove your legal solutions and implement 011 of this. Supervisor Borgos-Thanked 011 who attended... Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury -.' "'"' ,'"