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161.93 DISCUSSION-WEST MOUNTAIN PUD Supervisor Brandt-Turned the meeting over to Deputy Supervisor Tucker...and left the meeting Councilman Goetz-I will abstain from this discussion... Deputy Supervisor Tucker-This is to do with the West Mt. PUD we have a letter from Mary Brandt requested the Town Clerk to read the letters.. Town Clerk- West Mountain Liquidating Partnership R.D. #2 West Mountain Road, Box 378 Glens Falls, N.Y. 12804 February 9, 1993 Town Board Town of Queensbury Bay and Haviland Road Queensbury, New York 12804 To the Town Board: It is my understanding that the extension of the PUD for the lands of West Mountain Liquidating Partnership is about to expire. It is our desire to allow that PUD to expire and have the land use revert to the current Queensbury zoning guidelines. Please contact me if you need further information. Sincerely /s/ Mary Brandt General Partner Deputy Supervisor-Do you want to read the one from the General Partners next and then the last one from Mary and that will be in sequence. Town Clerk West Mountain Realty LP 20 Park Plaza Boston, Massachusetts Mr. Paul Dusek Town of Queensbury 531 Bay Road Queensbury, New York 12804 Dear Paul: In the agreement for West Mountain Realty Limited Partners, dated February 26, 1990, it was stated that our approvals may be further extended for a longer period based upon needing "additional time for design, financing and approvals by other agencies". Due to the economic conditions of the country, the failure of financing institutions to provide funds for the development of such properties, and particularly the failure of many banking institutions, we request an extension of an additional year for the purpose of financing this development as is or with a modification to smaller phasing of a similar development. As such, a new phasing plan would be resubmitted based upon the financing available. there are some issues relative to the partnership's agreement with Mike Brandt relative to the land option which accompanies the land. However, this is an unresolved issue and the partnership believes it is in the best interest of the partnership and the lengthy process that it took to achieve the approvals that such extension be considered by the town board. We would be advised by you relative to the steps to secure such extension. In any event, we are making this our formal request for the extension of our approvals. We can be reached at 716-423-1490. Thank you for your consideration of this matter. Sincerely, /s/ West Mountain Realty Limited Partners /s/ By Joseph T. Krzys, Jr. /s/ Arthur O. Wellman --- West Mountain Liquidating Partnership R.D.#2, West Mountain Road, Box 378 Glens Falls, New York 12804 March 1, 1993 Town Board Town of Queensbury Bay and Haviland Road Queensbury, New York 12804 To the Town Board: It is my understanding that Mr. Krzys and Mr. Wellman have approached the Town Board to extend the PUD on West Mountain Liquidating Partnership's land in the town of Queensbury. The option which West Mountain Realty Development Partnership had for purchasing and developing our land on West Mountain, expired on 12/31/90. The option has not been extended or renewed. Wellman, and Krzys have no ownership or interest in West Mountain Liquidating Partnership's land and I can see no reason why Krzys and Wellman have standing in the decision to extend or not extend the existing PUD on West Mountain Liquidating Partnership's land. As owners of the land, it is our desire to allow that PUD to expire and have the land use revert to the underlying Queensbury zoning. Sincerely, /s/ Mary Brandt General Partner Councilman Caimano-Just a couple of questions just to start this thing out, in Mary's, twice Mary uses the pronoun our who is she talking about here, if we are talking about our, are we saying here Krzys and Wellman have no, they are not part of this PUD, Paul as far as you know? Attorney Dusek-All I know, you know when this originally was before the Town Board a couple of years ago there was some arrangement whereby Joe Krzys and these others had you know an interest or involvement in this. I cannot sit here now and tell you what, other than what these letters say, I cannot give you any more information, like I say, I do know they were all together at one point. Councilman Caimano-Isn't there any record? Attorney Dusek-We have to go back and look in the last agreements and resolutions that were reached they were contact points but I do not know if there is a clear delineation on that. I think it was a partnership title that holds it but I do not know if we have enough documentation to give you a... Councilman Caimano-There are two very distinct companies mentioned in here, one, is the West Mountain Realty Development Partnership and the other is the West Mountain Liquidating Partnership, that appears that there are two different companies. Attorney Dusek-That is a new name the Liquidating Partnership is a new name to me. The one that I think I recall is the West Mountain Realty Limited Partners. Councilman Caimano-Last year right about this time we extended the PUD for one year. Attorney Dusek-That is correct. Councilman Caimano-And I do not remember who was the signators of the PUD at that time. Attorney Dusek-I think at that point it was my recollection that Joe Krzys and that company was what requested the extension. Councilman Caimano-That was what I thought but I cannot be sure. I guess I am a little bit non plus that we are trying to take this up when we do not have the background information on it. Attorney Dusek-Just so you know, my thought was to get it before you to introduce it and then perhaps table it and request additional information. Councilman Caimano-It seems to me and you guys correct me if I am wrong, but it seems to me that we have got to have, we do not know who the original signators are, we cannot tell if Mary Brandt is correct or if Krzys and Wellman are correct if we don't know who the original signators are. We cannot say that she is correct if in fact they signed the papers and we cannot say they are correct if in fact they did not sign the papers, so we need to know that otherwise we cannot make a decision. Attorney Dusek-That was my inclination, but here again I wanted to get it to the Board because of the time deadlines, at least it has been before you and then we can table it and move on. Councilman Monahan-Paul, help me with my recollection. It is either a part of the PUD legislation or it is something that we put in the approval of PUD's that the Town Board is to be notified that any time there is a change in the ownership of these PUD's and we have never been notified of a change of ownership and that is part of the PUD legislation. Councilman Caimano-We do not know if there is a change of ownership. Councilman Monahan-That is what I say we have never been, so we have to assume that there is not, that is what I am saying. We have not been notified which we have to be according to our legislation. Councilman Caimano-The other thing is Councilman Monahan-We have to be notified by the same people that got it in the first place. Councilman Caimano-Right. The other thing is I would like a clarification as to whether or not we are talking about two very distinct companies here and who these companies are? Who are these people? RESOLUTION TO TABLE RESOLUTION NO. 161,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan I move to table for further information as requested in the minutes of todays meeting. DULY ADOPTED THIS 1ST. DAY OF MARCH, 1993 BY THE FOLLOWING VOTE: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan NOES: None ABSENT: Mr. Brandt ABSTAIN: Mrs. Goetz