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2008-11-24 SP MTG.#51 1 SPECIAL TOWN BOARD MEETING 11-24-2008 MTG. #51 SPECIAL TOWN BOARD MEETING MTG. # 51 November 24, 2008 RES. 545 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS PRESENT SENIOR PLANNER, STUART BAKER ZONING ADMINISTRATOR, CRAIG BROWN DISCUSSION 1: Waverly North- Hiland Park PUD Consistency Determination SUPERVISOR STEC- We’ve been asked to consider a PUD Consistency Determination by a Mr. Michael’s. He is being represented by Mr. Lapper regarding what they are calling Waverly North, which is I understand is the property on the south-west corner of Meadowbrook and Hiland. They would like to explain what they prefer to do as compared to what they currently are approved to do and see if the Town Board wants to allow that. JOHN LAPPER, ATTORNEY- When we were here in 2000 we were approved for Waverly, which are the town homes. At that time it was proposed forty eight multi- family, and thirty thousand square feet and three ten dozen square foot office buildings along the corner of Haviland and Meadowbrook. Since that time, the County has come in and put in an s-curve because there was a sight distance issue at the top of the hill. Richard Schermerhorn has four office buildings approved of which he sold two of the office parcels to other people. In terms of the consistency resolution what we actually got from the Town Board last time we showed both of these but we only asked for a consistency resolution on what was going to be constructed and that’s what the minutes from the 2000 meeting of the Town Board show. SUPERVISOR STEC- Michaels Group built Waverly ATTORNEY LAPPER- Yes. We came in showing these two mixed uses. At this point John doesn’t want to build the three offices because he doesn’t think there is a market for them. I don’t think there is a big demand for more offices than what Mr. Schermerhorn is proposing. SUPERVISOR STEC- The history of this whole area and all the property that you’ve just been describing is that it was all originally one PUD. It has been fragmented over time to various owners. STUART BAKER, SENIOR PLANNER-The resolution back in 1987 that actually adopted this PUD was based in part on a proposed ratio of single family units, or residential units to commercial space. The original proposal here in 1987 was based on total commercial space of 295,000 square feet and total residential units of over 1100. Now, obviously we’re not going to get 1100 residential units in the PUD. But the ratio at the time of approval of commercial square feet per residential unit was 255. To date with the incurred development throughout the PUD we’re at a ratio of seventy-seven square feet of commercial space per residential unit. Take into account this proposal, it’s another thirty-four units without any commercial space added in and it brings the ratio down to seventy-two commercial square feet per residential unit. What the resolution adopting the 2 SPECIAL TOWN BOARD MEETING 11-24-2008 MTG. #51 PUD said was any change from this proposed ratio from commercial to residential needed explicit approval of the Town Board. ATTORNEY LAPPER- The Michaels Group is proposing thirty four one story units on the south west corner of Meadowbrook and Hiland instead of the original forty eight two story unit proposal. SUPERVISOR STEC- After further discussion it was the decision of the Board to go ahead and put together a consistency resolution since it was determined to be consistent with the PUD. DISCUSSION 2: BILLBOARDS CODE SUPERVISOR STEC- With regards to billboards, the only intent here is to modify our Town Code to specifically say signs known as digital billboards, electronic display panels and similar LED digital advertising displays shall be prohibited. The ones that are already in will be grandfathered. The Board decided to have a resolution on for Monday, December 1, 2008 to set a public hearing on this. DISCUSSION 3: BAY ROAD PROFESSIONAL OFFICE ZONE SUPERVISOR STEC- This is in regards to one of the property owners on Bay Road and their concern about where the direction of the draft zoning code is going with respect to setback requirements. ATTORNEY, MATTHEW FULLER OF FITZGERALD, MORRIS BAKER, FIRTH- Addressed the Board regarding the Bay Road zoning. He represents a property owner on Bay Road. Submitted a letter to the Board providing information as to why they feel 300 feet is a reasonable residential setback in the Professional Office zone in the Bay Road Corridor. They also provided a map from Warren County that shows the 1,000 foot setback, a proposed 300 foot setback, and the residential properties within the setbacks. SUPERVISOR STEC- Spoke regarding what is and isn’t allowed in the Professional Office zone. After further discussion, it was decided to amend the Draft Zoning Code to change the residential setback in the professional office district to 300 feet. DISCUSSION ON DRAFT PROPOSED SIGN ORDINANCE CHANGES Town Counsel Schachner-Reviewed the proposed changes to the Sign Ordinance dealing where existing commercial signage could be jeopardized by municipal improvement projects. The approach that has been suggested is to amend the provision of Town Code that relates to sign that within a situation that when a sign is required to be relocated would basically be allowed to relocate that sign as long as it stays the same size the same portrayal and to be relocated either in another conforming location if available or in the location that is most nearly in compliance in the determination of the Zoning Administrator. The idea being to not have to be required to go to the ZBA for a variance or Planning Board for new site plan review. Councilman Strough-Do we have a sunset provision in this? Town Counsel Schachner-There is not but there could be. Supervisor Stec-That is a good idea. Can we set X years from completion date of project? Add within two years of the completion of the municipal project. DISCUSSION 4: DRAFT ZONING CODE REVIEW 3 SPECIAL TOWN BOARD MEETING 11-24-2008 MTG. #51 Tentative meeting dates for Zoning Code 12-3,10,16 DISCUSSION: FOX LANE Zoning Administrator Brown-I believe that he is filing a septic variance application. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 545, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 24 day of November, 2008 by the following vote: AYES: Mr. Metiver, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury