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1988-08-09 114 TOWN BOARD MEETING AUGUST 9, 1988 4:10 P.N. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN (enter meeting 4:15pm) BOARD MEMBER ABSENT GEORGE KUROSAKA-COUNCILMAN TOWN COUNSEL PAUL DUSEK -- TOWN OFFICIALS RICK MISSITA, DAVE HATIN, LEE YORK PRESS: WENU, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA RESOLUTION TO ADJOURN INTO QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 326, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board recesses from the Town Board meeting into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE --- DISPOSAL ORDINANCE RESOLUTION NO. 5, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Storytown U.S.A., Inc., d/b/a The Great Escape, has applied to the local Board of Health of the Town of Queensbury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.O2OB, such standard providing as follows: "No component of a leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading." and, WHEREAS, the Storytown U.S.A., Inc., d/b/a The Great Escape, has indicated a desire to place a component of a leaching facility under a paved parking area, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 23, 1988, 7:30 P.M., at the Queensbury Town Office Building, Bay at Haviland Roads, to consider the application for a variance of Storytown U.S.A., Inc., d/b/a The Great Escape, to place a component of a leaching facility under a paved parking area situated off of Round Pond Road, Queensbury, New York 12801, at which times all persons interested in the subject thereof, will be heard, and BE IT FURTHER 115 RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None --- Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE _ DISPOSAL ORDINANCE RESOLUTION NO. 6, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Stan Lewza has applied to the local Board of Health of the Town of Queensbury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.030 (D), such standard in referring to Table I of Appendix A providing among other things as follows: WASTEWATER WELL OR TO STREAM DWELLING PROPERTY LAKE GEORGE SOURCES SUCTION LAKE OR LINE AND TRIBS. LINE (a) WATER COURSES Seepage Pit 20' Seepage Pit WHEREAS, Stan Lewza has indicated a desire to place two (2) seepage pits within 20 feet of the building foundation, k NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 23, 1988, 7:30 P.M. at the Queensbury Town Office Building, Bay at Haviland Roads, to consider the application for a variance of Stan Lewza to place two (2) seepage pits within 20 feet of the building foundation situated off of Court House Drive, Queensbury, New York 12801, at which times all persons interested in the subject thereof, will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ADJOURN FROM QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 7, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Queensbury Board of Health is now adjourned. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka TOWN BOARD RE-OPENS i OPEN FORUM 4:25 SUPERVISOR BORGOS-Commented on the severe storm the hit the area, thanked the Queensbury Highway Department and Niagara Mohawk for their assistance to the residents in the Community. ELIZABETH COLBY, Dream Lake Road=Noted that due to the storm, the bridge on Dream Lake Road, is damaged. Concerned about the safety. RICK MISSITA-The Deputy Superintendent of Highway stated that the Highway Department was presently working on Ellsworth Road that had been washed out by the storm and immediately after they were finished they would proceed over to Dream Lake Road and have it completed by the end of this week. COUNCILMAN MONTESI-The attorney advised me that the Rond Pond issue is in the works. COUNSEL DUSEK-Noted that he spoke with Attorney for Queensbury Association, John Caffry, to discuss legal matters involving resolution that is in the process of being prepared for the Board,should be ready soon. SUPERVISOR BORGOS-Will hold Special Town Board meeting at 4:00 P.M., tomorrow, to file for special election, and set date, noted the special election will be held before general election. BERNARD RAYHILL, 37 Wincrest Drive-Referring to Rond Pond, questioned the Board if they have considered any kind of funding? 1 SUPERVISOR BORGOS-Will consider all funding. Noted previously that the Town had been turned down with the Gurney Lane and Ridge Road Park projects. 5 JOHN CORDES, 36 Clark Street-Questioned if the zoning comment period was still in effect? COUNSEL DUSEK-Comment period has ended, but anyone who wishes to speak will have an opportunity at the Public Hearing. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 327, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby approve the July 12th minutes. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ACCEPT ROADS WHICH HAVE NOT RECEIVED FINAL BLACKTOP SURFACING RESOLUTION NO. 328, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. 117 WHEREAS, the Town Board of the Town of Queensbury may, pursuant to Article 3, Section 6 of the Town of Queensbury Subdivision Regulations, accept for dedication of a road, which has not received a final blacktop surface under certain conditions more specifically set forth therein, WHEREAS, a number of roads will be offered for dedication to the Town of Queensbury in the near future, some of which will be offered without the final blacktop surfacing, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury will consider for acceptance roads offered for dedication from this date forward which are offered with all construction complete except for final blacktop surfacing and not require final blacktop surfacing prior to acceptance, under the conditions that the developer furnish a certified check covering the cost of satisfactorily completing construction of the subject roads in an amount recommended by the Town Highway Superintendent in accordance with Article 3, Section 6, of the Town of Queensbury Subdivision Regulations and upon the further conditions that: 1. The road is to be surfaced, in any event, not later than two (2) years from the date of dedication and the Town Highway Superintendent is hereby authorized to specify the date such road is to be surfaced with final black-top, such date not to be more than two (2) years from the date the road is dedicated to the Town of Queensbury, and such date is to be at least sixty (60) days following the time the developer is notified of the date the road is to be surfaced, 2. In the event the Town Highway Superintendent fails or refuses to specify a date for any road to be surfaced with final black-top material and/or in the event the Town Board desires that any road subject to the provisions hereof be surfaced with black-top prior to the date selected by the Town Highway Superintendent, the Town Board of the Town of Queensbury may, specify a date the road is to be so blacktopped and completed and such date is to be at least sixty (60) days following the time the developer is notified of the date the road is to be surfaced, 3. In the event the Developer fails to black-top the roadway by the date set by either the Town Highway Superintendent or the Town Board of the Town of Queensbury, the Town Board with the assistance of the Town Highway Superintendent shall thereafter make the necessary arrangements for the road to be blacktopped and completed regardless of what steps may have been taken by the developer to complete the road, and such cost ti of the completion shall be born by the developer in accordance with Article 3, Section 6 of the Town of Queensbury Subdivision Rules and Regulations, 4. All other Town of Queensbury road specifications set forth in Rules and Regulations adopted by the Town Board of the Town of Queensbury or any other agency of the Town of Queensbury, and in effect at the time of the agreement with the developer to complete the road as provided hereunder, are to be met or exceeded, 5. The Applicant is to secure the necessary written letters of review form the Highway Superintendent and Water Department Superintendent, and 6. The Title deed, survey, and all other documents referred to in and required by Article 3, Section 6 of the Town of Queensbury Subdivision Rules and Regulations are to be provided in a form satisfactory to the - Town Attorney and of the Town of Queensbury, and BE IT FURTHER RESOLVED, that any notices required by the previous resolution shall be in letter form and shall be deemed served on the developers on the date of mailing, such mailing to be by deposit with the United States Postal System. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS QUEEN NARY DRIVE RESOLUTION NO. 329, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Queen Victoria Ventures, Ltd., has offered to dedicate to the Town of Queensbury a road known as Queen Mary Drive in the Queen Victoria's Grant Subdivision, which is more particularly described in the annexed survey map, and which road has not received a final blacktop surfacing, and WHEREAS, Queen Victoria Ventures, Ltd., has offered the sum of $32,000 represented by a previous deposit of $24,000 with the Town of Queensbury and the sum of an additional $8,000 recently deposited by the developer to cover the expense of blacktop surfacing of Queen Mary Drive and one other road, Queen Anne Court, at a later date, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected Queen Mary Drive, the road proposed to be dedicated to the Town of Queensbury and that he finds the same to meet the Town of Queensbury specifications, and that he finds the offer sum of $32,000 a satisfactory amount to cover the cost of completion of both Queen Mary Drive and Queen Anne Court, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water line installation and finds that the said installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roadway offered for dedication together with the affidavit concerning completion of the road, have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the offer of dedication of Queen Mary Drive as incomplete under the terms set forth above, such terms including the deposit of the sum of $32,000 and such acceptance subject to the conditions for road dedications in such cases made as set forth in Town " Board Resolution No. 328, dated August 9, 1988, and BE IT FURTHER RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 446 Description: Loop Road running north then southerly form Margaret Drive then easterly and northerly back to Margaret Drive Name: Queen Mary Drive Feet: 2,450 feet. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS MAPLE DRIVE IN THE HIDDEN HILLS SUBDIVISION RESOLUTION NO. 330, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Michael G. Woodbury and Ralph B. Woodbury, have to dedicate to the Town of Queensbury a road known as Maple Drive in the Hidden Hills Subdivision, which Is more particularly described in the annexed survey map, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected Maple Drive, the road proposed to be dedicated to the Town of Queensbury and that he finds the same to meet the Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water line installation and finds that the said installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roadway offered for dedication has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deeds be and the same are hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deeds to be recorded in the Warren County Clerk's Office after which said deeds shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 438 Description: proceeding northerly and easterly from Hidden Hills Drive Name: Maple Drive Feet: 1650 feet. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr, Kurosaka •' RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS TIMMONS LANE RESOLUTION NO. 331, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Anthony A. Locascio, Harry Bargmann and Arthur Baretta, have offered to dedicate to the Town of Queensbury a road known as Timmons Lane, running easterly and northerly from Lambert Drive, such road being more particularly described in the annexed survey map, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury had advised that he has inspected Timmons Lane, the road proposed to be dedicated to the Town of Queensbury and that he finds the same to meet the Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water line installation and finds that the said installation in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roadway offered for dedication has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT 120 RESOLVED, that the aforementioned deeds be and the same are hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deeds to be recorded in the Warren County Clerk's Office after which said deeds shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 447 Description: east/north, with cul de sac at northerly end, Name: Timmons Lane Feet: 1050 feet from Lambert Drive to and including cul de sac Duly adopted by the following vote: -- Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ACCEPT DEED TON TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS HERESFORD LANE IN THE WOODM1ERE SUBDIVISION RESOLUTION NO. 332, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Gregory J. Weaver and Jeffrey L. Kelley, d/b/a Woodmere, have offered to dedicate to the Town of Queensbury a road known as Heresford Lane in the Woodmere Subdivision, which is more particularly described in the annexed survey map, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected Heresford Lane, the road proposed to be dedicated to the Town of Queensbury and that he finds the same to meet the Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water line installation and finds that the said installation is in accordance with the requirements of the Town of \ Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roadway offered for dedication has been reviewed and approved by Paul B. Ousek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deeds be and the same are hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deeds to be recorded in the Warren County Clerk's Office after which said deeds shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 448 Description: extending northerly and easterly from Sherman Avenue to Wintergreen Road, Name: Heresford Lane Feet: 1714 feet. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REGARDING CUL DE SAC AT DIXON HEIGHTS AND RECOMMENDATION TO PLANNING BOARD FOR THE TOWN OF QUEENSBURY 121 RESOLUTION NO. 333, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, C & L Realty Associates who are presently developing the Dixon Heights Subdivision have approached the Town Board for the Town of Queensbury concerning the use of lands presently owned by the Town of Queensbury to create a cul de sac for the end of the road known as Tiffany Lane, which road presently intersects Dixon Road, in the subdivision of Dixon Heights, and WHEREAS, members of the Town Board, accompanied by some members of the Planning Board, the Town Highway Superintendent, the Town Engineer, the Town Attorney, the developers and their attorney and engineer, visited the site of the proposed cul de sac and reviewed the proposal on-site as well as another proposed cut onto Dixon Road, and a presently existing road cut for Old Mill Lane, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury is not in favor of the use of lands owned by the Town of Queensbury for a cul de sac at the end of Tiffany Lane as proposed by the developer, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury after consideration of site distance, road conditions, comments made by a local resident, hereby offers a recommendation to the Planning Board of the Town of Queensbury for its consideration, such recommendation being that the Planning Board for the Town of Queensbury consider allowing three (3) road cuts onto Dixon Road upon the condition that Old Mill Lane be made a one-way road leading into the subdivision and the Town Board, if requested by the Planning Board, will seek to impose said one-way designation on Old Mill Lane upon following due legal process. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS F RESOLUTION NO. 334, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Building and Code Enforcement department and the Department of Parks and Recreation wish to make certain purchases, and WHEREAS, funds do no exist in the proper accounts, NOW, THEREFORE BE IT RESOLVED, to transfer funds from one account to another in order to make said purchases, as follows: AMOUNT FROM TO $250. A2158010440 Bldg. Codes Misc.Contr. A2158010412 Printing 150. A2158010440 A2158010408 Advertising 1000. A2158010413 Bldg.&Codes Legal Serv. A2158010411 Vehicle Repair 600. A2158010413 A2158010201 Office Equip. 400. A2158010413 A2158010422 Training 9200. A2158010136 Bldg. & Codes Enf. Officer A2158010137 Bldg. Insp. 578. A2057310207 Parks &Rec. Equip. A2157310201 Off. Equip. 500. A2057310440 Parks &Rec. Misc. Contr. A2057310427 Chemicals Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 122 Absent: Mr. Kurosaka RESOLUTION TO RESCIND RESOLUTION NO. 325 OF 1988 RESOLUTION NO. 335, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby rescind Resolution No. 325 of 1988 entitled 'RESOLUTION TO RETAIN COUNSEL.' Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None , Absent: Mr. Kurosaka -- COMMUNICATIONS Dream Lake Road Petition-on file Assembly Point Petition-on file REPORTS Town Clerk Monthly report-on file Building & Codes Monthly report-on file RESOLUTION TO APPROVE AUDIT RESOLUTION NO. 336, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the audit that appears on Abstract August of 1988, numbered from 1472-2012 and totaling 1,341,504.15 be and hereby is approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO MOVE INTO EXECUTIVE SESSION RESOLUTION NO. 337, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury move into Executive Session to discuss the retaining of a special firm, and personnel matters regarding salary. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO MOVE BACK INTO REGULAR SESSION RESOLUTION NO. 338, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury move into Regular Session. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 123 Noes: None Absent: Mr. Kurosaka RESOLUTION TO RETAIN ADIRONDACK CONSTRUCTION RESOLUTION NO. 339, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. Resolution forthcoming from Town Counsel /� (� ,S? Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos T Noes: None Absent: Mr. Kurosaka Abstained: Mrs. Monahan The following comments have been submitted by the public, the Town Board will now review those comments and determine if the Advisory Committee responses will be accepted... on the Zoning Map, Zoning Districts and Regulations, Subdivision Regulations, Natural Resources, and Miscellaneous... A. ZONING MAP Comment Route 149. The commercial areas at the Bay and Ridge Roads intersections should be rezoned to the neighborhood commercial. Under the current highway commercial zoning such things as waterslides, McDonalds, motels and other inappropriate uses could be built in what remains one of the few rural areas of the Town. This would be similar to the NC zone at Oneida Corners. ACCEPTED RESPONSE The Route 149.commercial areas are designated in response to highway traffic rather than to a neighborhood need, therefore the designation of Highway commercial is appropriate. Comment N Round Pond We support the proposed rezoning of this area to a 3 acre minimum, but one key parcel has been left out. This is the parcel between Birdsall Road and the Great Escape Campground which as has been left at RC-15. This error would allow high-density commercial development in an otherwise rural residential area, and in a location that is much too close to Round Pond. This parcel is within the Town's Critical Environmental Area. ACCEPTED RESPONSE The Town designated Environmentally Sensitive Area of 500 feet around Rush Pond already goes into existing developed area. The RC-15 designation of the property commented on is appropriate for that location. Comment To rezone the Lawton Road area where there are commercial establishments in the same area as residents so as to eliminate the 50 foot buffer between the change in use. The request is that the line be moved to Lawton Road to accommodate the commercial uses. 124 ACCEPTED RESPONSE In review of the site it appears that there currently exists no real buffer between the uses since what is supposed to be buffer has been used for commercial purpose. A buffer zone is an unpaved, natural area without any buildings, with no parking or storage on it. The zoning line following property lines will be maintained and not moved to Lawton Road. The residential neighborhood is already impacted because of the commercial business. Reducing the 50 feet which is supposed to protect a change in use would be inappropriate and in opposition to the philosophical intent of the Ordinance. Comment Big Cedar Swamp We wholeheartedly endorse the proposal to rezone the Big Cedar Swamp to LC-42, in order to preserve this unique ecosystem. This is consistent with the zoning of other major wetlands which as Dunham's Bay and Rush Pond. However, the following resource-based improvements should be made: A. Rezone the entire wetland, including the portions along Quaker Road. B. Dryland fringes are an important part of the ecosystem. A 500 foot buffer zone around the wetland should also be protected excepting along Ridge Road where the buffer should only go up to the rear of the existing lots, and Quaker Road, where we would consent to a smaller buffer so as to allow valuable non-wetland commercial lands to be developed. Much of this is cornfield and does not provide much wildlife habitat. C. Farming should be eliminated as an allowed use of LC-42 zones. All or most of these lands are in wetlands where farming is impractical and would destroy the wetland. Earltown has already tried to destroy the Big Cedar Swamp with its "farming" and could try again if this loophole is left open. An alternative would be to rezone it PC-42, where no farming is allowed. Response The rezoning of Quaker Road is consistent with development in that area. DEC has designated the extent of the wetlands and the Town has used the official wetlands maps in zoning this area. Agricultural uses were predominate in the Big Cedar Swamp area prior to the purchase by the Earltown Corporation and this activity is not inconsistent with an LC-42 zone. TOWN BOARD RESPONSE Changed the LC-42 to LC-10 Comment The Zoning Map should be translated on to tax maps for public. ACCEPTED RESPONSE The neighborhood maps are reduced tax maps and are available to the Planning Office for the public. Comment Williamson Store and Gwinups Store have been rezoned as residential rather than Neighborhood Commercial which they were previously. The request is that they remain Neighborhood Commercial. Response The residential zoning would not affect the use of the store unless they were not maintained as a commercial enterprise for over 18 months. Zoning these establishments commercial would be detrimental to those other commercial uses existing in residential zones. -` It is felt that the prior zoning of these establishments was spot zoning and is not in accordance with the good long range land use planning. The viewpoint in the rezoning of these stores was, if they were not currently in existence would that type activity be encouraged where they do exist. TOWN BOARD RESPONSE 125 Williamson Store and Gwinups Store have been changed to Neighborhood Commercial. Comment It should be enumerated what lines are typically used for zoning boundary lines, streets, lot lines, etc. ACCEPTED RESPONSE This has been done in Article 3. Zoning Map. The Neighborhood paps will make it easier to define specific lines. Comment The property owned by Theodore Zoli, Adjacent to the C.R. Bard Industrial Complex should be rezoned residential. This would protect the residential neighborhood, however, the industry would be prohibited from using 50 ft. of their property in order to provide the necessary buffer. ACCEPTED RESPONSE The Light Industrial line will be moved to within 50 feet of the C.R. Bard property leaving the remainder of the Zoli property residential. This will protect the residential neighborhood while allowing the industry use of its property and maintaining a 50 foot buffer between uses. Comment A request to move the Highway Commercial zoning line on Glenwood Avenue to incorporate an existing machine shop. ACCEPTED RESPONSE This situation is more appropriately brought before the Zoning Board of Appeals. Comment A parcel of 62 acres between Mountain Drive and the Northway is being rezoned one acre and was formerly Urban Residential 5,000 square feet. This decrease in density is a hardship to the property owner. ACCEPTED RESPONSE The soil conditions in that area and the proximity to the Rush Pond Environmentally Sensitive Area determined the zoning change. The 1 Acre zoning is consistent with other properties in the area. Comment The area behind the Queensbury School should be zoned to accommodate high density housing which is needed in the community. ACCEPTED RESPONSE Given the soil conditions in the area the zoning should be maintained as proposed. If sewer and water facilities become available then rezoning of the property at a greater density should be considered. Comment Property on County Line Road of approximately 8 acres went from a zoning of SR-30 to SR-1A. The owner, feels this is a hardship and inappropriate given the location. The owner requests a change to MR-5 to be able to construct duplexes. This is consistent because County Line Road is similar to Bay Road which is zoned MR-5. ACCEPTED RESPONSE The zoning of this area is consistent with the down zoning throughout the Town. This is a rural area and should be maintained at are acre. It was not felt that it was desirable for County line Road to become like Bay road either from a development stand point or a traffic generation stand point. Comment The Earltown, Quaker Ridge property should be maintained as Industrial Reserve rather than being changed to Land Conservation 42 acres. This is because it is a PUD under review. The property cannot be developed at an LC-42 designation. The Town needs this type of development to attract golfers and improve the economic climate of the Town. Response The LC-42 are designation is consistent with the designation given other wetlands in the Town. The zoning designation will not affect the review of this project since it is grandfathered. This is a Town Board and Planning Board issue rather than a zoning issue. The zoning of the DEC designated welands should be maintained at LC-42. Wetlands Protection ranked among the top five Town issues expressed by citizens at the seven neighborhood meetings which initiated the rezoning effort. In the area which was zoned LI-lA the line should be removed to allow for residential development (SR-1A) This is in accordance with the wishes to the property owner and will have no detrimental effect on the area. TOWN BOARD RESPONSE The Earltown, Quaker Ridge property has been zoned LC-10 in the DEC designated wetlands. In the area which was zoned LI-IA the line should be removed to allow for residential development (SR-IA). This is in accordance with the wishes of the property owner and will have no detrimental effect on the area. Comment The property on the corner of Fox Farm Road and Aviation Road should be rezoned for professional offices. ACCEPTED RESPONSE The zoning is consistent with the criteria developed for rezoning the Town. There has already been designated one commercial area along this roadway to serve the _- neighborhood. It is not the intent of the rezoning to expand commercial areas but rather to protect the quality of life in the community. This issue belongs before the Zoning Board of Appeals. Comment The Schuh property on Route 9 and Route 149 is split zoned and should be looked at. ACCEPTED RESPONSE The property is not split zoned. The zoning line is the Marren County Bike Path. Comment The change form HC-15,000 square feet to HC-1 acre is a hardship for commercial property owners. The change was made to reduce road cuts and traffic congestion. ACCEPTED RESPONSE The sizes of the allowable commercial structures has increased with the size of the lots and should be maintained as zoned. The philosophy behind this was to zone with the physical carrying capacity of the land in mind. Therefore lot sizes were increased where appropriate and permeability was increased. This was what the citizens indicated they wanted since the size of allowable structures per lot has increased with the lot size; this is not felt to be a hardship for commercial businesses. Comment This issue of fences was not addressed in the ordinance. ACCEPTED RESPONSE 12 1 This is an oversight and will be rectified. The fences will be defined and their use detailed. Comment Mobile Home Parks and single sited areas were omitted from the map. ACCEPTED RESPONSE This was an oversight on the large zoning map, however, they were shown on the neighborhood zoning maps. Comment Some property on Twin Channels Road which is vacant and surrounded by developed property is now zoned for a lesser density and will not meet the new regulations. ACCEPTED RESPONSE This is a preexisting nonconforming lot and will be reviewed as such. Comment The Recreational Commercial area at Ledgeview Village was changed to SR-15. The owner requested it be changed back. ACCEPTED RESPONSE The property in question has single sited mobile homes and an R.Y.Park. The R.Y. Park has a number of approvals which they can use to expand. The mobile homes are allowable uses in SR-15. The R.C. definition and permitted use schedule has been changed so that single sited mobile homes are not allowed. The community has a number of R.Y. Parks and is in greater need of moderate income housing. The SR-15 zone was developed with this in mind. Comment. — The Cronin Road-Meadowbrook Road area should be lift UR-5 because properties cannot conform with the 150 foot road frontage required under the 1 acre zoning. Also, this is a commercial rather than residential area. ACCEPTED RESPONSE The high water table and the flood plain of the Halfway Book Corridor wake this area unsuitable for less than one acre. In review of the property in question it is felt that this is still primarily a residential neighborhood and should be maintained as such. Comment The RR-3 acre zone from Cronin Road, north to Oneida Corners should be changed back to 1 acre based on the soils and current development. ACCEPTED RESPONSE This will be done on the final map. Comment The Lindon property on Haviland Road surrounded by the PUD has not been identified on the map. ACCEPTED RESPONSE This is an oversight and will be done on the final map. Comment Request was made to rezone an area of Tuthill Road - 5 acres instead of 10. ACCEPTED RESPONSE 128 This area is within APA Jurisdiction and has been carefully looked at. The zoning will remain as it appears on the map. Comment The Moon Hill - Bay Road area has been rezoned form SR-30 to RR-3A. This is not in keeping with the neighborhood. Soil tests in the area indicate the area is good for tile fields. The property owner has a hardship with the RR-3A zoning. ACCEPTED RESPONSE The land in the Moon Hill area was rezoned to 3 acres because of the following conditions. The slopes in the area are very steep. The soils in the area are gravel and sand. Mater percolates very quickly through them without sufficient time for cleansing. The Development Suitability Map which was developed based on physical limitations for the land identifies this area as requiring major planning considerations necessary for development. Given this criteria the RR-3A zoning is logical. Comment The rezoning places a light industrial zone on the south side of Sherman Avenue and a residential zone on the north side of Sherman Avenue. This was done by removing the buffer zone of 500 feet along the southern side of the road. This will change the residential character of the neighborhood. The Town Board agreed to this buffer six years ago. The buffer zone is necessary to protect the residential character of the neighborhood. RESPONSE In order to accommodate the request of the Sherman Avenue residents the wording in the Ordinance will be modified to indicate that where an industrial zone abuts a residential zone along a street, the buffer zone required for the industrial zone will be 100 feet from the property line. This change in wording plus the fact that all industrial subdivision have to have the roadways internalized will help alleviate the traffic concerns of the citizens. The industrial zone along Sherman Avenue will remain as the map indicates. Sherman Avenue is becoming a major artery in the Town. The State of New York does own property on Sherman Avenue which is for another entrance to Route 87. It is logical that a light industrial area be located in this area. w � ACCEPTED RESPONSE The Town Board agrees with the residents and the 500 foot buffer along Sherman Avenue will be maintained. Comment Nineteen acres of property just south of the airport was purchased with the intent of industrial development. The zoning currently splits the property in half with half being light industrial and the other half being residential. The property is not suited for residential purposes. ACCEPTED RESPONSE This was an error on the map and will be rectified by placing the entire parcel in the light industrial zone. This is appropriate because of it location to the airport and flyway and Marren-Washington Industrial Park. Comment There is too much encroachment of industry in the Big Bay - Big Boom Road area of Queensbury. The zoning should protect the Hudson River and the fragile ecology in that area. ACCEPTED RESPONSE The industrial zone line in that area has been moved north of the peninsula an substantially reduced. The peninsula is residentially zoned and the size of the lots has been increased in order to protect the ecosystem near the Hudson River. 129 Comment The residential neighborhood around Carlton Drive has been zone multiresidential 5,000 square feet. This is not a residential area where the average lot size is 11,000 square feet. MR-5 is not appropriate for this area. ACCEPTED RESPONSE This comment is well taken and it is noted that the area is miss zoned Mt-5. It will be changed to SFR-10 which is more in keeping with the neighborhood. Comment The Seeley property on Bay Road and the adjacent properties should be zoned to heavy industry since that in fact is the use of the property. ACCEPTED RESPONSE It is not in the best interests of the Town to change the Highway Commercial zone on Quaker Road and Glenwood Avenue to accommodate the interests of one individual. Comment I own 34 acres on Bay Road that is zoned UR-5. The proposal is that it be UR-1 acre. The property was purchased with high density in mind. The new zoning is unfair. ACCEPTED RESPONSE Urban Residential Zones are divided into two areas of different densities: (UR-10) where one (1) principal building is allowed for every 10,000 square feet of land area within the zone. And UR-IA where one principal building is allowed for every 1 acre. Urban Residential Zones (UR-10) encompass mostly the older, more traditional, high density neighborhoods in Queensbury. Secondly, areas subject to intense development pressure, located near service areas, are zoned similarly. This protects and enhances the urban character while providing adequate opportunity for infill and high density housing. Urban Residential Zones IA encompass environmentally more sensitive land , in areas of intense development pressure where the uses permitted in UR-10 are desirable, but at less density. . k ' This area has poor drainage and is in the Halfway Brook floodplain. It is felt that the UR-1 acre is appropriate for this area. This in no way precludes clustering of dwellings to protect the environmentally sensitive stream corridor. Comment The property north of the Glen Lake Road and south of Route 149 has been rezoned RR-3A. This is a substantial change for this property which was formally RC-15. A zoning change back to RC-15 is requested. ACCEPTED RESPONSE The map presented with this request indicates that this property is in the middle of a wetland. This is an environmentally sensitive area and the zoning of 3 acres is necessary to protect it. The uses currently on the property are grandfathered. Comment The Hudson River area should be rezoned to three acres so as to accommodate the 100 year flood hazard. ACCEPTED RESPONSE The Waterfront Residential area was rezoned in accordance with the Flood Plain Insurance Naps detailing flood zone areas. The cement is well taken, however, and certain areas along the river have been rezoned at 3 acres. Comment 130 I own property on the corner of Glenwood and Glen. As it stands I would need a fifty foot setback from a residential area to expand my commercial business. To go to residential uses in that area would devalue my property. ACCEPTED RESPONSE The property in question would be a preexisting, nonconforming use, which is no change. The owner would have had to get a variance to expand previously and this will also in the same. Comment The Chartrand property which is close to the airport and industrial park is zoned SR-1A. This is inappropriate. ACCEPTED RESPONSE The comment is correct and the Chartrand property will be zoned light industrial. -! Comment There is a unique situation on a property adjacent to the Cleverdale Store. The front of the property cannot be used for residential purposes because of its proximity to the store. The request is for the front of the property to be zoned commercial. ACCEPTED RESPONSE It is the policy of the Board not to split zone properties except in extreme circumstances. This property is not suitable for commercial uses because it is located on a steep slope and on a curve. It is felt that the existing neighborhood commercial area handles the requirements of the neighborhood adequately without expansion. Comment Opposition to zoning of Big Boom area form WR-1A to WR-3A. Such a change would represent a 77 percent decrease in lot potential from the previous SR-30 zone (1982 zoning). ACCEPTED RESPONSE This area is one of low development suitability because of the designated flood plain, steep slopes and poor soil conditions. The feeling is that this area requires,,, less density because of the sensitivity of land and river resource. 4, Comment We recommend that you consider using the APA's definition of clearcutting and selective tree cutting. ACCEPTED RESPONSE The recommendation is appreciated, however, since the Town does not employ a professional forester who could measure residue basal areas of tree remains left in forested areas, the definitions included in the zoning ordinance are felt to meet our needs while protecting our forests. They are: "Selective Tree Cutting" means the removal of single or scattered trees of any size, resulting in the appearance of the land area as not having been substantially disturbed. "Clearcutting" means the cutting of more than 50 percent of any trees over six (6) inches in diameter 4.5 feet above ground level over the entire area of the cutting. Comment The property on Quaker and Ridge Roads including Mead's Garden Center, the Benack property and the Heber property should be zoned Highway Commercial rather than residential, since they are all commercial uses. ACCEPTED RESPONSE This change will be made to the Zoning Map. Comment The property on the peninsula in Queensbury which Michael O'Connor is a part owner of should be rezoned light industrial. The reason for this is that there would be no access to the property which is zoned residential except through the property which is light industrial. It is, therefore, very unlikely that any residential development will occur. ACCEPTED RESPONSE The character of the property in question is not suitable for light industrial given the slope. The land is similar in character to the land to the east of it which is residential rather than the land to the west of it which is light industrial. There Mould be possible access to this property through the waterfront residential zone instead of through the industrial zone. Comment We have been in the process of buying a building lot on Sherman Avenue across I' m Lupine Lane. It was formerly zoned SFR and now is light industrial. We are opposed to the light industrial designation. Response The zoning will not affect the use of the land since a building permit has already been obtained. The Town has very few light industrial areas. In�order to provide work for the citizens of the community it is necessary that area for employment are developed. The regulation involving the light industrial zones are stringent, requiring internationalize of roadways and greater setback should protect the adjoining residential areas. ACCEPTED TOWN BOARD RESPONSE In accordance with the wishes of residents of Sherman Avenue. the Town Board maintains a 500' buffer zone between the residences and the existing industrial zone. Comment Since we own 18 acres of land adjacent to John P. Burke and the Sheraton Motor Inn which is presently zoned for two family and since there presently exists the `y 227 units of multifamily dwellings at John P. Burke Apartments, we of course are wondering just how this new zoning proposal will affect our present units and the 18 acres of land? We are concerned that the 18 acres will not only diminish in value under the new proposed zoning, but that single family dwellings will not be a compatible use of these 18 acres. ACCEPTED COMM Preexisting uses will not be affected by the new zoning. The area which is mentioned contains high percolation rate soils and is an aquifer recharge area. It will be a recommendation in the Master Plan that when community facilities (water, sewer) become available in the area that densities be increased. Comment The Robert Guyette property should remain SFR-1A rather than being changed which is a proposal before the ZBA. ACCEPTED C01ME1iT This is a matter for the Zoning Board of Appeals. There is no consideration being given to rezoning this property. Comment I am asking you to review the zoning of the property located west of our land. This property is located in the Adirondack Park, on the north side of Clendon Brook Road (Upper Sherman Avenue) and extends north to Fuller Road. There is a considerable amount of wetland on this property. We are located on a steep slope of West Mountain and the land to which I am referring is at a higher elevation than our land. ACCEPTED COMER 132 It is felt that the land use in the area in question is justified based on the physical criteria developed during the rezoning effort. If development were to take place on the property you described it may be that the Planning Board would require clustering to insure protection of the sensitive lands. Comment Mr. Timms property (23.89 acres) was color coded blue along with the Pine View Cemetery which means "Comnunity Service Lands". We request a clarification. ACCEPTED RESPONSE This was an error and will be rectified. The color coding was simply to look at broad brush land use trends. It has nothing to do with the zoning and was only for the use of the Advisory Committee. Comment My name is Doctor John Cordes. I would like to hand my support to the opposition of omitting the buffer zone on Sherman Avenue. As you know, right across there is the new development Hidden Hills and there are 150 new homes going in there a lot of them are going to be first time home owners and they are going to see their dream just shot down with light industry adjacent to it or across the street, that is all I want to say. Response The traffic on Sherman Avenue is one of the big issues that was brought up during the meetings. With the five hundred foot residential set back it was essentially with the density and lot size, it would essentially mean strip residential along Sherman Avenue which would have meant a number of driveways. We tried to avoid that. In order to do that we either had to widen the residential strip to take all the industrial land or to try to get as little development as possible along Sherman Avenue. The way that we finally decided to do that was to expand the Industrial Zone up to Sherman Avenue and require a buffer strip between Sherman Avenue and any industrial development that would occur. Yes, there would be no industrial activity on Sherman Avenue. It would be internalized. The internalization is for all development, not just residential. It's subdivision requirement so that the internalization would be inside, not on Sherman Avenue. TOWN BOARD RESPONSE The Town Board has agreed with the residents of the Sherman Avenue area and will maintain the 500 foot buffer zone between the residential and industrial uses. Comment I am writing to express my disapproval of the new Zoning Laws that are being proposed. I own commercial property on Route 9 and Route 149 in Queensbury. The property is under one acre. therefore limiting greatly the future usage or sale of the parcel. The proposed Zoning Law creates great financial hardship for not only me. but hundreds of other Queensbury Town residents. ACCEPTED RESPONSE The property is a preexisting nonconforming use and the business can be expanded by variance. The new ordinance will not affect the sale of the property for the use that is currently there. Should a buyer want to change the use of the property this can be done by variance or by purchase of enough adjoining property to meet the acreage necessary to conform to the ordinance. It is not felt that the ordinance creates a financial hardship for the property owner. Comment There are several undeveloped properties on the north side of Sherman Avenue between Seward Street and Interstate Route 87 which will be zoned Single Family Residential 1 acre. I would ask for a rezoning on the lands east of 87 to Single Family Residential 20 and the strip on the north side of Sherman Avenue to be Light Industrial 1 acre. Response 13 The philosophical outlook in rezoning this area was to down zone it because of the high percolation rates of the soil which limit the effectiveness of on site septic systems. Also the neighborhood in that area is primarily residential and the zoning is consistent with the existing neighborhood. ACCEPTED TOWN BOARD RESPONSE 500' buffer zone Comment Request to rezone the Wiswall property on the north side of Glenwood Avenue MR-5 rather than UR-1A. ACCEPTED RESPONSE After discussion and review of this request, the property will be changed to M-5. The property to the east of Woodvale Road will be !R-5 rather than UR-IA. The reasoning for this change is that the sewers will be extended to this area very shortly and therefore, an increase in the density is justified. Comment My suggestion is that the underlined portion of Article 7, Section 7011 A2b5 (page 83, draft of May 16, 1988, enclosed) be reworded to be at least as strong as the Lake George Park Commission's regulation 646-1.4(k) (page 75 enclosed). Also, in the interest of preventing hazardous conditions and confrontations between neighbors, we feel that there should be at least one foot of open water on either side of the property line extension whenever boats are properly secured to their respective docks. ACCEPTED RESPONSE The Town of Queensbury regulations are reflective of the Lake George Park Commissions regulations. It is felt, however, that being more restrictive than the Commission and requiring more open water between docks and property lines would be very difficult and expensive to enforce. B ZONING DISTRICTS AND REGULATIONS Comment Private boat storage should be added under accessory use for all Rural Residential, Land Conservation zones and private docks should be added as an accessory use under Waterfront Residential, Land Conservation and Rural Residential Zones. ACCEPTED RESPONSE This recommendation will be acted upon and included in the regulations Comment Planned Unit Development The proposed amendments to the P.U.D. rules, Article 15, represents a serious threat to the integrity of the entire zoning plan. The current ordinance, as amended only 1k years ago, ties the density of a PUD to the existing zoning, with an appropriate bonus of additional density in return for preserving additional open space. This is a wise planning concept. The proposed Section 15.040 would virtually gut this requirement and allow almost unlimited density if a developer can supply some information to support the increase. If these weakening amendments are adopted, we may as well throw the new zoning map. The amendments would have the following negative effects: A. It would be unfair to the developers of the current PUDs (as well as conventional subdividers) who were required to comply with the existing density rules. Their new high-density competitors would have a cost advantage over them. Even Earltown, with all of its faults, has attempted to comply with this rule. B. The Town Board would be flooded with applications. Rather than submitted a subdivision application to the Planning Board, developers will go to the Town Board with a PUD application in hopes of getting higher density. 134 This will burden the Town Board with numerous hearings and usurp the function of the Planning Board. C. The areas which are supposed to be protected by the low density zoning of the new plan will in fact not be protected and will be vulnerable to excessive development. D. The project review process will be changed from an administrative process reviewed by the Planning Board, to a political and legislative process reviewed by the Town Board. E. Even though individual projects may be able to prove that the land in question would support the proposed density increase, the cumulative effect of many such developments will exceed the capacity of the land and the road systems, thereby negating the benefits of the new plan. F. The removal of the limit on commercial construction will induce developers to create PUDs and lead to a large amount of commercial development in — residential area. RESPONSE Philosophically the Town Board has adopted the approach that a PUB is a complete rezoning of a specifically designated area in response to a designated development plan. Since it is a rezoning by the Town Board it can be done without consideration of existing zoning densities. Since a PUB is a total development plan incorporating a number of elements, a creative design and a greater integration of land uses than traditional subdivisions, it is more desirable for the Town. Any rezoning may appear to be unfair to those who developed either before or after the rezoning depending on ones perspective. TOWN BOARD RESPONSE The Town Board agrees with the comments and has decided to maintain the NO Ordinance which ties the density to the existing zoning. Comment Enforcement Enforcement is noticeably weak in the areas of erosion control, vegetation preservation, and other resource protection measures. To remedy this problem, the following should be adopted. A. All such permit conditions should be incorporated into the deeds for such parcels. This practice is already used by the APA. B. Before a certificate of occupancy is issued, the Town should inspect a site for compliance with these conditions, and not just the buildings. If violations are found, the C.O. should be withheld until the situation is corrected. C. Maintenance of these systems should be inspected annually by the Town, especially for the stormwater control systems. ACCEPTED RESPONSE Enforcement procedures have been upgraded within the past month amd a computerized permit system will be instituted in the next few months. Comment Buffer Zones All subdivisions and apartment/condo complexes should have natural vegetative buffers of at least 100 feet between the buildings and the road so as to preserve the scenic qualities of the Town's travel corridors. Commercial and industrial areas should also be screened by trees to the extent feasible. ACCEPTED RESPONSE The buffer zone and screening regulations detailed in the new zoning ordinance are felt to be adequate. In some cases it would be preferable to encourage clustering and allow greater roadway vistas than to screen buildings. Open space and scenic vistas are something we want to protect in Queensbury. Comment 135 Low Income Housing Upgrading zoning may increase housing costs. To offset this, a few areas should be set aside for low income housing, with safeguards to ensure that it is actually used for that purpose. ACCEPTED RESPONSE There currently exists areas of low to moderate income housing in the Town. In addition the new zoning does designate areas where increased density will be allowed in conjunction with community facilities. Comment Clustering Open space may actually be lost. To provide the same amount of housing, more land will be needed. Most homeowners will turn their entire i acre lot into lawn, thereby destroying the natural vegetation and wildlife habitat. To offset this, we suggest the following: 1. All lots of one acre or more should be required to retain 25 percent of their vegetation in perpetuity; this could be made a permanent covenant in all deeds. 2. Clustering should be mandatory for all subdivisions of 10 acres or more, or ten lots or more, so as to preserve some open space within all subdivisions. This will also benefit the developer and homeowner by reducing infrastructure costs. ACCEPTED RESPONSE Clustering should occur where the land affords that type of development and should be a decision of the developer in concert with the Planning Board. Most of the Town has been rezoned with larger lots being mandated and this will allow for greater areas of natural vegetation. Comment Duplexes now require twice the acreage per zone to be constructed which is an unnecessary hardship on any duplex owner. A requirement of 131 acres per duplex in a 1 acre zone would be more reasonable. ACCEPTED RESPONSE > Duplexes are two units and therefore should require twice the land area. Increasingt the density is not the philosophy behind the rezoning effort. The Master Plan will indicate that densities can be increased when community facilities become available. Comment Planned Unit Developments should be designated for a mixture of commercial or industrial uses, also not just as it is defined, for residential mixed uses. ACCEPTED RESPONSE The Town Board reviewed the PUD Ordinance and feels it meets the needs of the community. Comment There should be some consideration for deeded homesteads for children Response In review of the APA regulation allowing for this situation it becomes apparent that frequently this is a loop hole which allows for unregulated subdivision to occur. TOWN BOARD RESPONSE Will be looked at, at a later date. Comment The Town should do something about lowering taxes for those who are preserving 136 the rural character of Queensbury. ACCEPTED RESPONSE It is not within the scope of this document to address that issue. Comment In the Commercial Residential zone most property owners do not have enough road frontage to allow them to use their property for commercial purposes. This creates a hardship for the property owners in that they are unable to see their property in a commercial area for a commercial use. ACCEPTED RESPONSE --- Commercial Residential zones are those areas of Queensbury which are transitioning from residential to highway commercial uses on narrow arterial roads. The purpose of this zone is to allow for this transition in a manner which permits the widening of the arterial route and encourages safe traffic patterns, an aesthetically pleasing environment and safe pedestrian circulation. Commercial Residential zones will allow one (1) duelling unit or office use in existing residential structure for every 15,000 square feet of land area within the zone. At least one (1) acre of land will be required to establish any other allowable commercial use in the CR zone, up to 12,000 square feet for single story buildings and 15,000 square feet of gross floor area for multiple-story buildings. An additional 500 square feet of land area will be required for each additional 150 square feet for single-story buildings and 200 square feet of gross floor area or portion thereof for multiple-story buildings. The Commercial Residential zone allows for the conversion of existing residential buildings to professional offices. In changing the use of the property from residential to commercial one acre of land will be necessary to accomplish the above stated purpose of the zone. It may be that in order to met the requirements for area and set backs that two adjoining lots may have to be combined. The zoning of this area was done with the knowledge that it was a transition zone. All commercial zones in the Town have been uniformly dealt with. The philosophy is that small lot commercial development is not in the best interest of the Town because of the parking and traffic problems which are created. One acre for a commercial use is a realistic size. The goal of this zone is to protect the residents of the neighborhood while allowing for the transition. Existing structures can be renovated for business use, however, for larger businesses larger lots are necessary to support', the business, reduce traffic and provide adequate parking. Further, the larger setbacks will accommodate road widening which is logical in the future. It is felt hat in the long term property values in the Commercial Residential zone will be enhanced. Comment there should be a grandfathering of any lots that have been owned by residents for twenty years or more. ACCEPTED RESPONSE Property which is recorded at the County Clerk's Office is considered to be a lot of record and can be developed with a variance form the Ordinance from the Zoning Board of Appeals. Comment I oppose the proposed amendments to the PUD rules, Article 15, which represent a serious threat to the integrity of the zoning plan. It currently allows for a total rezoning without allowing for any conformity to the existing zoning densities which have been established. RESPONSE The advisory Committee is strongly opposed to the proposed PUD amendment which would allow greater density than the zoning allows. TOWN BOARD RESPONSE 1.37 The Town Board agrees with this comment and will maintain the PUD Ordiannce which ties the density to the existing zoning. Comment Building heights constructed on slopes should have additional height allowances ACCEPTED RESPONSE "Building Height" means the vertical distance measured from the lowest portion of the natural grade of the building site coverage by the building or finished grade of cut required to accommodate the building to the highest point of the structure. This is felt to be adequate and appropriate even on steep slopes. Comment Principal Building 87b.1. "A single family dwelling constitutes one principal building." Read with the definition of single family dwelling, page 31, which states that a single family dwelling is "designed or used exclusively as the living quarters for one family, whether seasonal or year around" this could exclude a single family type dwelling which is fractionally owned. ACCEPTED RESPONSE "Single Family Dwelling" means a building, not including a mobile home of one or more stories of height above the main grade level, which is designed or used exclusively as the living quarters for one family, whether seasonal or year round. This means that the unit is designed for single family use. It does not prohibit the use by many families at various times. Comment 87b.2. "A tourist cabin or similar structure...involving 300+ square feet "counts as one principal building. Does this mean that a hotel room of over 300 square feet is one principal building? I think it does. What about a lockout of two adjoining 300 square feet units? Would that count as 2/10th of a principal building or one whole principal building? \ .1 Response The answer to both questions is yes. RESPONSE BY TORN BOARD No action to be taken at this time. Comment 87b.3. "Each dwelling unit of a multiple family dwelling, including each separate dwelling unit used on a time-sharing, leased time or other similar bases...constitute one principal building." This might be applied to condo-hotel units sold on a fractional time basis. ACCEPTED RESPONSE Yes. The building is designed for one single family even if it is used by other families. Comment 87b.5. "Each commercial use structure and each industrial use structure in excess of 300 square feet constitutes one principal building, except hat for a commercial use structure which involves the retain sale or rental or distribution of goods, services or commodities, each 11,000 square feet of floor space or portion thereof of such commercial use structure constitutes one principal building. Response This is an APA definition. Commercial density outside of the APA jurisdiction will be redefined. 138 TOWN BOARD RESPONSE Disagree...will study further Comment The definition of structure, at page 33, is very broad and includes virtually any object such as "sheds, signs, service station pumps, above ground tanks", etc.. As applied to the portion of the project in Queensbury, separate structures could include the health club, tennis courts, bleachers, stables, parking or security booths, gazebos, pools, fountains and water features, the carousel, play equipment and other amusement facilities, shelters, patios, terraces, fences, gates all signs, retaining walls, bridges, steps, walks, drives, parking lots, traffic islands, towers, drainage structures, transformer pads, utility vaults, natural gas tanks, water tanks, golf clubhouse, golf cart storage, other storage buildings and maintenance sheds, solid waste screening, pump houses, garages, fire house, ski lifts and each separate structure associated with the ski operation. Response Yes. TOWN BOARD RESPONSE Exclude, Animal Shelters, Tree houses, playhouses of less than 100 sq.. ft. Comment Minimum off-street parking requirements: We may have difficulty providing the number of spaces required especially if we have to provide all required off-street parking at the top of the mountain. This would not be a problem if the lots at the ski area base can be counted toward the required spaces. Dwelling 2 Spaces for each dwelling Rooming house (motel,hotel) 1 space for each room Clubs and Restaurant Greater of 1 space. for each 100 square feet or 1 space for each 4 seats plus 1' space for each 2 employees Retail Store 1 space for each 100 square feet Commercial or Shopping Cntr. 5.5 spaces for each 1,000 square feet gross leasable There are no parking requirements for recreational or amusement facilities i.e. ski,golf,tennis,health club. ACCEPTED RESPONSE The parking regulations have been modified. Home Occupation calls for (1) space for each three hundred (300) square feet of floor space devoted to that use. Professional Offices or office space has been modified so that (1) one space is necessary for each (150) tone hundred and fifty square feet of floor space devoted to that use. Taverns(bar) One space for each 100 square feet, plus one space per linear foot of bar, plus one space for each 2 employees. Boat Storage - One (1) space for each one and one half (1s) boats stored at the site. Marinas- One (1) space for each boat moored or stored at the marina plus one (1) space for an automobile and one (1) trailer space for each boat launched which is not seasonally moored or stored at the site. Amusement Facilities, Tennis Clubs, Health Clubs and Ski Facilities are considered to be commercial as the following definition indicates. 139 "Commercial use- weans any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee. The term shall include but not be limited to the following: drive-in restaurant, fast food operation; filling station; public garage, restaurant; retail store;retail stand;riding academy and tavern. Comment Page 102, Section 8.021 - Review for Overall Density - counts "...land area... excluding...steep slopes" This would likely exclude counting of the ski area for density determination. ACCEPTED RESPONSE Yes, steep slopes would be excluded if the design is of a traditional subdivision lay out. If the subdivision is clustered then steep slopes would be part of the density calculation. Comment Page 112, Section 12.072 - Expiration of building permits - permit expires if project "is not in existence" within 180 days of issuance. This needs to be clarified. Does existence mean started, completed or something in between? Response In existence means that the footings are in existence and the project is under construction. TOWN BOARD RESPONSE Study for further consideration. Comment Are mixed agricultural uses allowed? The schedule just refers to A,B,C,and D. Could these farming classifications be explained as they relate to the zoning. RESPONSE The classifications of farm land are related to more intense zones, it was a transitional kind of classification so that if you are in an area that is large lot zoning that, for agriculture and you don't have neighbors on 5,000 square feet lots you could do anything to the farming. As you got into the more populated zones then there are restrictions placed on the point where you could have a garden but you couldn't have hogs, and that is where the classifications come in. TOWN BOARD ACCEPTED RESPONSE The Ordinance reads as follows: Section 7.080 Farm Classification - Because of the diversity of land use in Queensbury and for purposes of this Ordinance, farms are classified in four (4) categories (A,B,C,D,) as defined below. Class A. Any Parcel of land in excess of ten (10) acres used for the raising of agricultural products of the keeping of poultry, fowl, livestock, small mammals or domestic animals for commercial purposes, including the necessary farm structures and the storage of farm equipment. Class B. (Animals) Any parcel of land less than ten (10) acres, but more than five (5) acres, used for raising or keeping of livestock, poultry, fowl, small mammals or domestic animals either for commercial purposes or for personal pleasure or use. Class C. (Agricultural) Any parcel of land in excess of five (5) acres used for the production of agricultural products and especially fresh fruits and vegetables (as distinguished from grain and other staples) for commercial purposes. Class 0. Hobby. Any parcel of land less than five (5) acres used for the raising of agricultural products or keeping of large or small mauueals, poultry, fowl, or domestic animals for personal use or pleasure and being indicental to residential use. Note: In the case of horses and ponies, a minimum of three (3) acres shall be required for one (1) horse or pony, however, where two (2) or more horses or ponies are concerned, aminimun of two (2) acres per horse or pony shall be required. The classifications of farm lands are related to the Zoning Ordinance in that farms are premitted uses in specific zones. The above regulations relate to the amount of land required for specific agricultural uses. Nixes uses are allowed and the greatest use of the property is usually what is considered to classify the farm. Commment The FCC regulates satellite T.Y. receivers as of 1986 and local municipalities have very limited rights as far as regulating them. The new zoning regulates their location and screening. Response The zoing regulations state that satellite dishes are accessory structures and have to meet the requirement for such structures. Further the regulations for those is Section 7.080 Satellite Receiving Antennas A. Not more than one satellite dish antenna shall be allowed on any lot. B. All satellite dish antennas shall be properly anchored as determined by the building inspector. C. The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements. 0. Satellite dish antennas shall be adequate grounded. E. Subject to the provisions contained herein, satellite dish antennas shall be \ located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side yard 4. of the property subject to the requirements contained in the Zoning Ordinance. In the event that a usable satellite signal cannot be obtained by locating the antenna on the rear side yard of the property, such antenna may be placed on the roof of the dwelling structure. F. Satellite dish antennas shall be designed and located to minimize visual impact on adjacent property and roadways. The color of the antenna should blend in with its surroundings. G. A landscape evergreen planting screen shall be provided for any ground mounted satellite dish antenna to screen it from the view of adjacent lots and public view. H. A satellite dish antenna greater than three (3) feet in diameter shall comply with the setback requirements of a principal use or structure in the zone in which it is located. A satellite dish less than three (3) feet in diameter shall comply with the setback requirements of an accessory use or structure in the zone in which it is located except that it shall not be located less than ten (10) feet from any property line or easement. I. A ground-mounted satellite dish antenna shall not exceed a grade height of twelve (12). J. Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed beneath the surface of the ground. K. Roof-mounted satellite dish antennas shall not be mounted on chimneys, towers, spires or trees. The antenna shall be placed below the ridge line of the roof. The Town has been in touch with the FCC and they have indicated to us that FCC regulations do not supersede local regulations. We feel that the regulations in 141 this matter are fair and reasonable. TOWN BOARD RESPONSE No action taken at this time, requesting further review. C. SUBDIVISION REGULATIONS Comment Dose the division of property in an estate settlement become a subdivision and necessitate Planning Board review. Are there situations where the property could be divided (i.e. family estates) where it woluld be a subdivision of property but not for the essential purposes of the ordinance. ACCEPTED RESPONSE The only time it becomes a subdivision is if you want to sell part of that property, or if you wanted to develop that property with two or more uses. The purpose behind a subdivision is if you want to have defined parcels that you are going to sell or manage differently not as a partnership; it has to be subdivided. If you are going to sell off part of that land it has to be subdivided. If you are just saying you have a big chunk of land and giving half of it to your brother but it will be operated the same and functioning the same as it is now, you do not have to subdivide it. The devinition of Subdivision in the Ordinance reads: Subdivision- means a devision of land into two (2) or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person or by any other person controlled by, under coon control with any such person or group of persons acting in concert as part of a common scheme or plan. Provided, however, that this shall not aply to conveyances of small amounts of land to correct a boundary of a lot so long as such conveyance does not create additional lots. For the purpose of these regulations, a condominium shall be reviewed as a subdivision. Comment We are presently zoned for 3 acres and we sold a parcel of five acres. The new , zoning is ten acres. Can the person who bought the property still build. ACCEPTED RESPONSE Yes. The lot is considered to be a preexisting nonconforming lot of record and as such is grandfathered. Comment What is going on in the Town of Queensbury has impacts on the surrounding communities, and we need a policy of regional planning. ACCEPTED RESPONSE The Town of Queensbur does not have any y jurisdictional rights in any other caummity. It is, however, the philosophy of the Town to work with other communities on issues of mutual interest and those having mutual impacts. Comment I own two lots, one directly behind the other. My intention was to build on each lot. I have my home on one lot now. Response If the property has a mutual boundary and has constructed a building on one then the two nonconforming lots become one conforming lot with one principal use, if they are in the ownership of a single individual. TOWN BOARD RESPONSE 142 Requested Town Attorney to review. Comment More detail in necessary at sketch plan and there is no distinction between different types of information necessary at different levels of submission. Street standards are not clear either. ACCEPTED RESPONSE The Subdivision Regulations have been improved in this area. Requirements for submissions at various levels of review have been spelled out in more detail. The street standards have been reviewed by the Town Engineer and Town Highway Superintendent and have been revised in accordance with their recommendations. Comment I have questions and I would like clarifications. Several pages that I would just bring to your attention. Page 2 of the regulations, require a map of a survey including the layout of the proposed subdivision prepared by a licensed professional land surveyor, licensed professional engineer, or landscape architect. Page 3-7, sketch drainage plan, prepared by a P.E. Why a P.E., and how else with exemption or landscape architect? page 9-2, A copy of a survey of subject roadway certified contractor, the engineer, the developer? ACCEPTED RESPONSE The regulations have been modified based on the comment. They now read: The applicant shall submit fourteen (14) copies of a sketch plan for a parcel of land which has not been clearcut within five (5) years. Such subdivision sketch plan shall be prepared by a licensed professional engineer, licensed professional land surveyor with properly executed New York State Education Department Exemption M or Licensed landscape architect. Drainage Report A Drainage Report shall be prepared by a licensed professional engineer or a licensed landscape architect. Such drainage report shall be prepared in accordance with the design standards established under Section VIII, Design Standards, of these regulations. A certificate of the licensed engineer and/or land surveyor making such plan to the effect that the plan is correct and made from an actual survey. License number and seal of the engineer and land surveyor shall be affixed to the drawing. Comment Page 23E1 where an existing sanitary sewer is within 1,000 feet of the subdivision, the developer shall extend it to accommodate the proposed subdivision. All elements of the system must be approved by both the Sewer District of Warren County and the Town of Queensbury. Under the zoning regulations, say two lots is a subdivision, therefore the reason that I ask this question, it is not impossible to believe that the individual who owns property on the corner of Dixon Road and Peggy Ann having a large lot and building, wishing to subdivide that would be obligated by the regulations to hook into the Reservoir Park Sewer District. I do not believe that is the intent—this should be clarified. ACCEPTED RESPONSE This has been rewritten to indicate the developer within 1,000 feet of an existing sanitary sewer must submit a request to extend the sanitary sewer. Comment Page 22 E, it is talking about surface flow on streets, shall be limited to a maximum of 350 feet and discharge shall be carried to a stream with bed and bank. I think that needs clarification. ACCEPTED RESPONSE This has been rewritten: 143 Surface flow on streets shall be limited to a maximum of three hundred fifty (350) feet and discharge shall be sheet drained away from the street or directed to a detention basin and then discharged into a natural drainage way. Comment Beginning on page two Article 2, Section 1, it isn't spelled out all that clearly what level of detail the sketch plan should be relative to the preliminary plan and the final plan. ACCEPTED RESPONSE This has been done. Comment On page 6, Article 2, Section 3, it indicates that a final subdivision application must be made within six months after the approval of the preliminary plan. In some cases that may not be --in many municipalities the period for that is a year, the approval of a preliminary plan is often good for a year, six months may not be enough, for a developer to take all the steps and do everything that should do done property. Response It is felt that six months is adequate. If not, there can be a agreement between the Planning Board and the subdivider to extend the time period. TOWN BOARD RESPONSE This has ben changed so that preliminary plat approval is good for one year. Comment One of the goals of your subdivision regulations is to preserve the rural character of the Town, by establishing standards for streets that are more suitable toward an urbanized area you may be detracting from the rural or residential character of the Town. These have to do with maximizing the number of building sites above the grade of the roads that intersections with streets must continue at a right angle to the street for one hundred feet before starting a turn. That subdivision • of twenty or more lots require two connections to two streets or a double width entry street. The standards for fill heights and for slopes the distance of guard rails the radius for cul-de-sacs at the end of dead end streets and the lot run offs or strom water run off on streets into lots instead of being inflexible standards these should be recommendations that, deviations could be allowed under certain circumstances. ACCEPTED COMMENT Street standards have been developed by the Highway Superintendent, Town Engineer, and Town Board and are felt to met the needs of the community while providing for the health and safety of the citizens. D. NATURAL RESOURCES Comment Hudson River Several areas along the Hudson River deserve better protection. Much of the shoreline is virtually undeveloped and should be upgraded to WR-3 to preserve it as unspoiled. In particular, the wetland areas along the river, especially at Clendon Brook, should be protected. This is consistent with the proposed rezoning of other wetlands and shorelines in town. ACCEPTED RESPONSE This area of the Hudson River is already designated a flood prone area as indicated on the National Flood Plain Insurance Maps and, as such, has inherent development limitations. The areas along the Hudson River are consistently zoned with those i 144 properties north of the zone line. However, the Development Suitability Map indicates that the peninsula is a low development suitability area and in accordance with this rating a change to 3 acres per principle dwelling unit will take place. Comment West Mountain The slopes on the face of West Mountain should be all zoned LC-10 are since they are far too steep to support development. Most slopes this steep, i.e. French Mountain, are zoned this strictly. Flatter areas, such as Tuthill Road, are appropriate at 5 acres. The ski area and the area west of it are zoned at 3 acres and are the only mountain areas in town not zoned for 5 or 10 acres. This inconsistency should be eliminated, as there is no rational basis for it. ACCEPTED RESPONSE --~ There are two factors which entered into the zoning of West Mountain. First is the fact that clustering is going to be encouraged in this area. Secondly, the other steep sloped areas referred to are inside the Adirondack Park. In developing the criteria for rezoning, it was decided that land inside the Park would be more restrictively zoned than lands with similar characteristics outside the Park. This was done because of the special regulations involved in changing densities within the Park, and also because many of the development constraints within the Park are not applicable outside the Park. Comment The stream corridor setbacks should be changed, under hard surface fill, Section 7.001C of the Zoning Ordinance form 50 ft. to 75 ft. pending development of stream corridor management regulations. ACCEPTED RESPONSE This change will provide for greater stream protection and will be instituted. Comment Wetlands To reduce conflicts between Town zoning and DEC wetlands protection rules, all DEC mapped wetlands (12.4 areas or more) should be rezoned to 3 or more acre lots. This will reduce the common problem of a purchaser believing that the zoning --- allows intensive development, only to find out that this is prohibited by State Law. Such zoning would allow,houses. to be built near, but not in, the wetlands. ACCEPTED RESPONSE An officially designated wetlands map, an upgraded ordinance, and development of zoning map overlays will accomplish the goals of protecting the property purchaser and the wetlands. Comment Stormwater Runoff The stormwater runoff standards should clearly require that flows be attenuated so that there will be no net increase in flows offsite due to the development. There should also be a provision that pollutants from streets, homes, etc.., be prevented from leaving the site. All projects must have permanent plans for maintaining these systems. RESPONSE The Queensbury conservation Council has been requested to consider developing storm water runoff standards which will accomplish the aforementioned goals. ACCEPTED RESPONSE The Subdivision Ordinance reads as follows: I. Storm Drainage 1. A storm drainage plan must be approved by the Planning Board encompassing all drainage elements for the drainage of the Subdivision, areas feeding the Subdivision, and areas 'downstream' from the subdivision. Said Plan should be submitted with evidence of the use of acceptable engineering standards. In designing for storm drainage the Mater Pollution Control Federation Manual of Practice on Design and Construction of Sanitary and Storm Sewers and other good engineering practices if approved may be accepted by the Town, shall be used as a guide. Drainage plans and facilities, in any new development shall be designed with the goal of minimizing runoff and the potential for any structural damage due to flooding. For subdivisions greater than four (4) lots, the rate of runoff from the subdivision shall not be greater than existed prior to construction. Drainage patterns and points of storm water discharge from the subdivision should be the same as before construction. Mater retention or detention basins should be used when required to maintain pre-construction storm water dischage rates. Comment Scenic Vistas These should be identified and protected by appropriate setback, land clearing and building height restrictions. These include the views of Vermont from Bay Road and the view of Prospect Mt. from Quaker Road ACCEPTED RESPONSE A scenic vistas map has been prepared and will be utilized by the Planning Board in their review of projects. Comment Clearcutting The practice of some developers of stripping the land prior to submitting a site plan application should be outlawed. It is impossible for the Planning Board to preserve native vegetation in accordance with the site plan review standards if it has already been destroyed. ACCEPTED RESPONSE A site work permit will be instituted to deal with this problem. Cutting for surveying and test holes will be allowed. Comment Karner Blue Butterfly According to DEC, this endangered species is found near the Queensbury School, Potter Road, Dixon Road and the Northway, in remnants of its rare Pine Barrens habitat. These areas should all be zoned LC or PC, not just the City Reservoir property. ACCEPTED RESPONSE Endangered species habitats have been identified on a Resource Map and this will be utilized by the Planning Board in determining appropriateness of development in specific areas. Much of this area has been greatly down zoned. A large percent of this area of Town has been designated Parkland Recreation 10 acres and Plarklnad Recreation 42 acres. Comment Cronin/Bay Roads Area This area has a very high water table and is unsuitable for development. This includes the Halfway Brook Corridor between Quaker and Cronin and the lowlying area now mainly occupied by the Bay Meadows course. It should be zoned for at least a 3 acre minimum, consistent with similar areas elsewhere. Because it is now mostly woods, wetlands and golf course, the impact of this change on the landowners will be minimal. Response 146 The Bay Meadows area has been down zoned substantially to 1 acre and the sewer district being expanded to that area should accommodate this intensity of development. TOWN BOARD RESPONSE Requested that Lee York further research the Cronin/Bay Road area. Comment Wetland GF-23 This wetland is located west of Bay Road, and south of the Baybridge Townhouses. Although Baybridge has already encroached upon it, it provides flood control for the Bay Meadows Golf Course, wildlife habitat and protects the water quality of its stream, which is a tributary of Halfway Brook. It is currently zoned UR-5. It should be rezoned to a land conservation or rural residential classification or else pressure to develop it will be intense, particularly since sewers will soon be built on Bay Road. ACCEPTED RESPONSE The zoning in this area is appropriate given the sewer district expansion in the area. The zoning is MR-5. The Planning Board will have the Environmental Resources Maps to aid in the locating development. E. MISCELLANEOUS Comment Bike Paths In order to protect the Warren County Bike Trail and (hopefully) future bike paths from the intrusions of development, they should be included within the list of resources protected by the shoreline standards, or similar rules designating setbacks and limiting land clearing should be imposed. ACCEPTED RESPONSE The Conservation Committee has been requested to consider future bike routes and prepare proposals for the Town Board. Comment ` My next comment I will direct toward the Advisory Board and I wish you to know how sincerely I thank you as a private citizen for all of your efforts the hundreds of countless hours that you have put into this project which I know is not easy. I can't even imagine doing it myself and being objective about all the factors involved. ACCEPTED RESPONSE The Town of Queensbury applauds the efforts of the citizens on the Advisory Committee and gratefully acknowledges their selfless dedication in preparation of the Zoning and Subdivision Law. Comment Is there a proposal to widen Main Street and if so is there a time table for it. ACCEPTED RESPONSE There is currently no time table for widening nay of the Town Road. The Commercial Residential zone in that area has been devised to allow for larger setbacks for commercial establishments. Part of the reasoning for this was that Main Street is a major Town artery and would in the future probably require widening. This is in line with good long term community planning and traffic concerns. OTHER ITEMS AGREED TO: 1. Subdivision Regulations, page 8 Landscape Plan for subdivision greater than 10 lots. 2. Subdivision Regulations, page 21 Public Streets, certified check and or letter of credit. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher, Town Clerk