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2008-12-29 SP MTG.#591 SPECIAL TOWN BOARD MEETING MTG. #59 December 29, 2008 RES. 626-629 6:37 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH TOWN BOARD MEMBER ABSENT COUNCILMAN TIM BREWER TOWN OFFICIALS SR. PLANNER, STU BAKER ZONING ADMINISTRATOR, CRAIG BROWN RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2009 FORD TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 626, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2009 Ford Truck with accessories for use by the Town Highway Department, and WHEREAS, the Town's Fleet Committee approved this vehicle purchase request, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62882SB, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) 2009 Ford Truck from Fairport Ford in accordance with New York State Contract #PC62882SB, for an amount not to exceed $24,500 to be paid for from Account No.: 004-5130-2020, and BE IT FURTHER, 2 RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to transfer $24,500 from Account No.: 004-9040-8040 to Account No.: 004-5130-2020, amend the 2008 Town Budget accordingly, and take any other actions necessary to effectuate the purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of December, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: NIr. Brewer RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF DECEMBER 29~, 2008 RESOLUTION NO.: 627, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the Warrant with a run date of December 23rd, 2008 and a payment date of December 30th, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of December 23rd, 2008 and payment date of December 30th, 2008 totaling $388,691.41, and BE IT FURTHER, 3 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of December, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ACCEPTANCE OF PARCEL OF LAND LOCATED AT 1232 WEST MOUNTAIN ROAD IN THE TOWN OF QUEENSBURY FROM DENNIS FRANKLIN RESOLUTION NO.: 628, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Dennis Franklin has offered to donate to the Town of Queensbury an approximately 50 acre portion of his 57-acre parcel of land located at 1232 West Mountain Road, Queensbury designated as Tax Map No.: 288.-2-69.1 to the Town of Queensbury, and WHEREAS, the Town Board has evaluated the proposal and feels that acquisition of the parcel will benefit Town residents and therefore the Board wishes to authorize its acceptance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of an approximately 50 acre portion of a 57-acre parcel of land owned by Dennis Franklin and located at 1232 West Mountain Road, Queensbury (Tax Map No.: 288.-2- 69.1) to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby accepts the restrictions as stated in an e- mail from Councilman John Strough dated 12-27-2008 and memo dated 12-26-2008 (see attached documents) to be included in said deed, and 4 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction including any required real property transfer forms in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the cost of any recording fees shall be paid for from account(s) to be designated by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the Town send a certified copy of this Resolution to Dennis Franklin with a letter thanking Mr. Franklin for his generosity in donating the parcel to the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Board, Town Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 29th day of December, 2008, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: NIr. Brewer DRAFT ZONING CODE REFER TO HOME OCCUPATION SHEET Formatting Change: move A (7) to B-the activity shall not alter the primary use of the premises as a residence and shall subordinate and limited to its utilization for other than residential uses to 30% of the total floor area of the residence or 500 square feet whichever is less. Add definition to the Draft Zoning Code, Article 1 for Special Education REFER TO WATERFRONT RESIDENTIAL: FLOOR AREA AND FLOOR AREA RATIO SHEET Keep floor area ratio in the Shoreland Watershed Overlay District .22 REFER TO THE WATERFRONT RESIDENTIAL DESIGN STANDARDS PACKET Page 2: Vegetation Protection Buffer Standards: Insert a buffer standard of fifteen feet (which will apply to every piece of development in the WR Zone) Incorporate somewhere within 50 feet of the shoreline you can't use any fertilizers with phosphorus. Page 5: Clearing Standards Zoning Administrator Brown suggested a disclaimer at the beginning of this section to refer to the storm water chapter (in clearing up to 30% of your lot you may be violating the storm water code). Page 6-7 OTHER- Delete this section Councilman Strough spoke to the Board regarding a list of thoughts he compiled after conversations he had with the Planning Board. Councilman Metivier suggested that anytime anyone on the Lake goes for a floor area ratio or shoreline setback variance should be subject to site plan review. REFER TO COMPREHENSIVE PLAN RECOMMENDATION MAP Zoning Administrator, Brown- There is a portion to the east of the Northway and south of Quaker Road, Dixon Road and all the way down to the city by Morse Field, Richardson Street, down by the dam that we had zoned as MDR and the recommendation map says NR. So these areas we changed to Neighborhood Residential rather than the Moderate Density Residential. Supervisor Stec spoke regarding a conversation with Councilman Brewer noting his concern regarding extending the mixed use of Main Street zone south down Big Boom Road to incorporate a few more properties. After further discussion it was the decision of the Board to rather than change the zone, add hotel by special use permit in the commercial light industrial district. The Board discussed and declined Larry Clute's request to rezone two of his parcels from light industrial to residential. REFER TO FIRING RANGE AND KENNEL PACKETS • Take firing range out of RR and allow in the LC Zones • Kennels- higher acreage and bigger setbacks. Kennels shall be located on parcels of at least 20 acres. All dog runs or other areas in which dogs are kept must be located at least 300 hundred feet from any property line. REFER TO THE OFFICE ZONE PACKET Update professional office zone to simply office zone where applicable. Supervisor Stec asked Senior Planner Baker to make necessary changes and give the Board a final draft so that they can have some time to go over it. If need be they can schedule another workshop to make any other changes. If all goes accordingly, a resolution to set the public hearing will be prepared and on the agenda for January 26th, 2008 and then a public hearing to take comment sometime in February. The Board spoke regarding density reduction and clustering. 6 Councilman Montesi spoke concerning West Glens Falls Fire Company. Supervisor Stec sent a letter stating they are in receipt of a copy of a letter from the Fire Company's attorney to the Town's attorney and that they would like to meet sometime in January on this subject. REFER BACK TO THE OFFICE ZONE PACKET Update lighting section to: light poles in the large office shall not exceed 20 feet and 10 feet height limit for small offices. Page 5: Delete last sentence- "small offices would be preferred here" Page 7: DENSITY: First bullet will read: Non-residential: 0.5 acres per 7000 square feet of floor area per story (delete- "for each additional 1400 square feet of floor area per story an additional 0.1 acre is required") OTHER MINIMUMS: Second bullet- Road frontage: 100 feet (delete- "or the footage required for proper access management whichever is greater") Councilman Strough will make all changes discussed and email everyone the updated version. Supervisor Stec asked Senior Planner, Baker to submit to the Board a final draft within the next two weeks, and to work with the attorney to make sure he is getting his review done within those two weeks. Councilman Montesi will email a copy to the APA as soon as he gets the final draft. Four weeks from tonight there will be a resolution on the agenda setting a date for a public hearing. Discussion held regarding holding the public hearing on a night other than a regular town board meeting night to take comment. The Board will not be able to act on this until they hear from the APA, which will most likely be in March. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 629, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 29th day of December, 2008, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec Noes: None Absent: Mr. Brewer Respectfully submitted, Miss Darleen M Dougher Town Clerk-Queensbury