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1987-04-29 SP SPECIAL TOWN BOARD MEETING APRIL 29, 1987 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. George Kurosaka-Councilman Mr. Stephen Borgos-Councilman Mr. Ronald Montesi-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel MEETING OPENED 7:36 P.M. PUBLIC HEARING 7:36 P.M. NOTICE SHOWN-PROPOSED LOCAL LAW STAY FILING SUPERVISOR WALTER-The purpose of tonights meeting is to hold a Public Hearing on a proposed Local Law which would stay any filings of applications for approval of Major Subdivisions and or site plan review for the Town of Queensbury is excess of four dwelling units. (Proposed Local Law) SECTION 1. Legislative Intent. It is the purpose of this Local Law to conserve and protect the public health, safety and general welfare by staying the filing and/or consideratiofi'"` by operation of law of approval for major subdivision and/or site plan review in excess of four units for a period of 180 days. It is recognized that this interim legislation is temporary only and that during its pendency the Town of Queensbury shall revise and update the comprehensive or master plan for the Town. The Town Board notes the rapid growth and expansion of residential development in the Town since June 11, 1982, the effective date of the existing Zoning Ordinance. SECTION 2. Authority. This Local Law is enacted pursuant to Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. Prohibitions. No person shall file or cause to be filed, within 180 days after the effective date hereof, an application or applications for approval for major subdivision or site plan review in excess of four dwelling units. Any such application filed in violation of this section shall be void. No approval by operation of law shall result by the filing of an application in violation of this section. This provision shall not be waived. SECTION 4. Exceptions. This Local Law shall not apply to or affect applications for approval for Planned Unit Development, major subdivision, or site plan review in excess of four dwelling units where such applications have been filed with the appropriate Town Official prior to the effective date of this Local Law. SECTION 5. Effective Date. This Local Law shall take effect immediately. ...Asked for public input... BILL MORTON-9 Meadow Drive-I am here representing the Queensbury Association-The Queensbury Association wishes to go on record as fully supporting the moratorium on new applications for development in Queensbury for the following reasons: A. Under the existing ordinance development is rapidly proceeding in a manner in which a recent survey conducted by the Town Planner reveals, is inconsistent with the vision that a majority of Town Residents have for Queensbury. Under current Zoning the type,location,density and timing of development is likely to result in higher taxes for most Queensbury Taxpayers. Most of the development occurring in Queensbury is in the housing sector and it is readily acknowledged that housing does not pay its way in terms of services required. Industrial development and synchronization with housing starts as the principal way of suppressing tax increases in a developing community. Housing should be phased in with industrial development, this is not occurring under the existing zoning ordinance. The quality of life in Queensbury is very much conditioned on the natural and visual resources of our community. The existing Zoning Ordinance does not contain the provisions necessary to sustain and perpetrate the quality of life of our community. Clearly if we are going to sustain and perpetrate the quality of life into the future and if we are going to prevent the Town and School taxes from increasing, the growth and development in Queensbury is to proceed in accord with the public interest as reflected in the survey the residents must have an updated plan for growth and development in Queensbury. Among other things this plan must set forth goals which represent the future of majority of residents envisioned for Queensbury. Lets use a variety of tools such as regulatory land use and capital investments to insure that the type, location, density and quality and timing of the development is consistent with established goals. Cooperation planned together with instruments of implementation will require a substantial commitment of community resources, resources which in growing to the rapid pace of development in Queensbury has been almost committed to entirely to project review. In order to free community resources so that a plan can be prepared in an orderly and timely manner a moratorium on new development applications makes a great deal of sense. The Queensbury Association supports this course of action, we are however concerned with a rush of applications for subdivision approvals from developers who might want to beat any dead lines for the start of the moratorium. This may have the effect of rendering the moratorium ineffective which could lead to further erosion of the quality of life in Queensbury and higher taxes for all, the patterns of development which run counter to what the Queensbury Citizens want. To overcome this we suggest the moratorium be structured to prevent review of all projects that have not yet reached conceptual approval. We should not delude ourselves in thinking a moratorium on new applications will be all effective unless strict provisions are structured into the moratorium. I feel our suggestion of not accepting for review any projects which have not reached conceptual approval is a minimal condition. You may recall that the communities of Bolton, Hague, Lake George and Putnam all established moratorium which halted review on all project applications which had not reached final approval. This moratorium extended for as long as a year in some communities. By comparison our suggestion is a modest one and we urge the Town Board to impose a moratorium immediately. GLEN GREGORY-Luzerne Road-The Town Board knows for the past couple of years I have had plans for a small development of eleven homes on my property. In the past six months I have had a lawyer, surveyor working on this project, I have tied up at this time a little more than ten thousand dollars in the project just in lawyers and surveyors. My situation is as you know I have been talking for about a year now, about putting in a mobile home court a senior citizen court for the elderly, eleven units and I put a lot of money and time, better then half of my last years wages have gone into this project already. My lawyer is working on it and I feel that this moratorium or stay is going to hurt me and small individual landowners. I have to have this to make a living I am on disability it is gong to hurt real bad and I hope that I do not have to go through this moratorium in my project. MRS. MARGARET BURRELL-Lynnfield Drive- I certainly cannot add anything of what Mr. Morton said but I think we all feel that there has been a kind of pressure, a kind of epidemic of applications for quite extensive developments and we all need the opportunity which a moratorium would give us to stand back and assess more fairly and more level headedly the situation as it pertains to orderly growth in Queensbury. SUPERVISOR WALTER-Requested that the letteifthat were received by the Board be read into the minutes: LTR. 54 Wincrest Drive Glens Falls, New York 12801 April 29, 1987 To the Members of the Queensbury Town Board, As a resident of Queensbury with an active interest in its growth and development I urge the Queensbury Town Board to establish a moratorium on applications for new residential subdivisions in Queensbury. I would suggest the moratorium be of sufficient period of time to permit the Town Planner Stuart Mesinger to develop a master plan for growth in the community - a plan which would address such issues as density, traffic, sewage,refuse, water,school population, fire and police protection, recreation, and green areas. I am not suggesting halting growth in Queensbury but rather developing a plan to enable Queensbury to continue to be a community that it citizens are proud to call home and a plan that has evolved in a pleasing and orderly manner, prepared to face the future. �4�1 Sincerely, /s/ Bunny Bitner LTR. Box 81 Star Route Glens Falls, N.Y. 12801 April 28, 1987 To: Betty Monahan Queensbury Town Board This is to register my approval of the suggested moratorium on further developments - to allow for revision of the Zoning and related legislation, as well as the formulation of a Master Plan for the Town. Sincerely, /s/ Dorothy M. Burnham LTR. April 27, 1987 Darleen Dougher, Town Clerk Queensbury Office Building Bay Road Glens Falls, New York 12801 Dear Ms. Dougher: I would like to register my vote for a least a six months moratorium of all development in Queensbury. We are outgrowing all facilities and growing without any real plans or a look into the future. Continuing as we are will not only increase the tax rate due to the need for more services but Queensbury will no longer be a good place to live. Sincerely yours, /s/ Katharine E. Cornwell (Mrs. Kirkham R.) LTR. April 27, 1987 Dear Ms. Dougher I am writing in regard to the proposed moratorium on development in the Town of Queensbury. Because of a previous commitment, I am unable to attend the hearing on Wednesday, April 29. However, I would like to register my support for such a moratorium and urge the serious consideration of the Town Board in favor of the proposal. Living on Ashley Place, I am well aware of the increased traffic pattern past my home, including heavy trucks. I do not look forward to the further development in progress in the Dixon Road area. 1` To prevent further deterioration of the quality of life in Queensbury as well r as a further strain on the various town services expected as a result of development, I can only see the value of a pause in this frenzied activity and the development of a long range plan to the advantage of present as well as future residents. c 1i Please consider the cause to pause, rather than jumping from crisis to crisis. Sincerely, /s/ Elizabeth A. Hodgson LTR. April 29, 1987 Atn:: Qby. Town Bd Members 1.42 Having worked on the original development of the Land Use Plan for the Town and understanding the background of the problem, I encourage you to put the 6 month moratorium for new subdivision applications in the Town into effect. This moratorium will not affect development of the score of already approved building lots. This moratorium will give the Town Planner a chance to do the job he was hired to do the job we need done. We are not talking a vast amount of time here. Susan C. Goetz Qby. Zoning Bd. of Appeals Member _ 19 Wincrest Drive Glens Falls, N.Y. 12801 COUNCILMAN BORGOS-I am amazed at how few people are here on this fairly critical issue? We are having a public hearing to get the feeling of the public only two people have commented. I certainly would like to know what the rest of the people feel even if it is only the comment I like it or I do not like it. If we hear only that you are in favor of it and no one speaks the other way...I do not know if we have heard from enough people... MR. JOHN HODGKINS-Wilson Street-Glens Falls-I am in support of the moratorium I think there are a few questions that have not been answered, what is going to happen to our taxes, every article that I see in the paper there is nothing mentioned, are taxes going to go up, taxes going down, another thing is that we are looking at the water shed in quite a few of these areas, especially across the Quaker Road. Right now, there is water problems thourghout the Town of Queensbury, we are talking about a major development, I do not know if they will be affected this could cause some major troubles, I would like those questions addressed. We have addressed the road problems a number of areas of concern, the school district also looking at an enlargement. I think we need to set back and ask the question we do request that people put up for the environmental issues maybe we also should have the financial issues how is it going going to affect the people who already live here not the people who live here in the future. SUPERVISOR WALTER-We do have one study that is now going on, we have retained Kestner Engineers of Troy, N.Y. to take a look at our water supply, we have just sold water to another community there are other communities that look like they wish to buy water from us and yet we want to be able to provide water for all of the residents of Queensbury that wish to be on the supply. That study is ongoing and we do not have the results of that yet. If the Board acts to have a moratorium that will give us time to have the results of that study come in to us, that will be part of the decision in the overall master plan. COUNCILMAN MONTESI-...on the water committee it is interesting to note we have five million gallons a day capacity, it is good quality water it will meet or exceed the standards of the State of New York will impose over the next few years, other communities that surround us will not be able to meet those standards. The Town Board early in our terms mandated that anyone that come in with subdivision within 2000 feet of the water district had to hook up with water...we also asked Thomas Flaherty to do a study...we can pump 15 million gallons but only filter five million gallons all we need is the next modular unit to filter the next five million gallons it is been designed that way...the previous Town Board built a water tower up on West Mountain and concern we have now is with two major subdivision or PUD's will we need another tank..? MR. JOHN HODGKINS-Is there any consideration being given to the displaced water, run-off... SUPERVISOR WALTER-One of the reasons that we have a problem is that years ago, we did not really take a good look at the drainage situations in the Town, a lot of the drainage that was presented to the various boards in the Town for subdivisions drained on the next property, we have been seeing that it has become a magnified problem in the Town as the developments began to back onto each other. Our Planning Board has been taking a long hard look at drainage that is fairly recent, in answer to your question of drainage most developers in the room tonight would verify that when they submit their plans to the Town drainage is one of the items that will be given a very good look at. There are a lot of problems that occur now because of what has happened in the past and we are trying to do the best we can to correct those situations or make sure that they do not happen again. 1 ,�3 COUNCILMAN KUROSAKA-The changes in our subdivision regulations have addressed these problems. SUPERVISOR WALTER-In submitting a sketch plan now the developer has to have a drainage plan that was prepared by a professional engineer. COUNCILMAN MONTESI-When a developer presents a drainage plan by an engineer, he is presenting it to lay people, I am a layman in terms of engineering most of the people on my planning board are lay people dedicated but they are not all engineers. We have had to go one step further and tell the developer that we are going to have to hire an engineer to review what is submitted to make sure it will work. COUNCILMAN MONAHAN-They also have to file an environmental impact statement — and we have to hire an engineer to check their results. MR. MIKE CARUSONE-Sunnyside-The question that I want to ask we are going to have a six month moratorium at some point in time, that the law says that your requirements as a Board to adhere to the law is it absolute, do we come to the end of the six months and say we need six months more in time or are you assuring the people of the community that six months is the time that you are going to need? SUPERVISOR WALTER-The law says 180 days and this was one concern in March when I wrote a letter to the Board asking them to consider such a moratorium, that was a concern...the question was what can we do in six months and is six months enough time. We laid that on our Town Planner who will have a major role, we intend in order to get this done in six months to hire summer interns that are in planning programs, we have already put together a request for proposals for them to do some of the work, to look for consultants to do some of the work that we cannot do in house. Our Planner has put together a schedule it is an ambitious one that he completes the task in six months. At this time we are looking at a six month completion of what we feel we want to get done in order to go on with the building process. MR. MIKE CARUSONE-What if you forestall application for 180 days and all of a sudden the 181st. day you have 34 people standing at your door you may not have solved the problem as much as you may think that you have solved the problem. The question is during the 180 days what takes place and what input do the rest of us have in what is going on for that period? If you need a little time to sit back and look at the problem and decide what it is and determine a solution 180 days does not sound like a very long time. Who is going to make this miracle take place in 180 days so you do not have an equally big problem at the end of the period? Who is going to do this and who will fund this? SUPERVISOR WALTER-We have budgeted certain monies that we have used in the Planning process, I think that we will be using some of those monies to defray the costs. Who is going to do it? It will go through a review process, the Planning Board of the Community is going to have a big input as to the Zoning they are the people that are working with it. They know where the problems are, we have staff people now in Planning and I think basically the Town Board will be involved in the Zoning changes. As far as the changes in the Subdivision Regulations that will all be public, and I am sure there will be ample opportunity for public input. MR. MIKE CARUSONE-Do you as a group have you looked into the possible economic ramifications to the community during that time in regard to potential job loss. SUPERVISOR WALTER-I do not see, in my letter I indicated that I felt that in looking over the amount of approved lots in the Town of Rueensbury, there is currently 1230 lots in front of the Planning Board exclusive of the three PUD's. The PUD's add another 2700 lots there are approximately 200 units approved without roads or intra-structure and 900 lots in approved subdivisions that are already to build. I do not think that any of the trends will be hurt, I think everybody will be kept busy. In looking over a time schedule my thought was that if we had a moratorium now for six months any developer who wishes to be in the construction phases this season would be well along in his planning process and would not at this time be coming in with a new subdivision application. Anything that is already in the mill is going to go forward for approval. Hopefully we will accomplish this in the time that we have allowed and you will be ready to line up in front of the Planning Board again with future projects to be ready for the next construction season. With the inventory already and with the timing on this it should not put anyone out of a job. MR. MIKE CARUSONE-I have a little bit of background in planning and a lot of studies have been made and I wonder if anyone has taken an opportunity to inventory all the 1.44 material that is out there sitting on the shelves collecting dust? I know one time I got so tired of counting the pages I just weighted them all when I was Chairman of the County Planning Board we did a lot of studies on drainage nothing was acted on. It was recommended as long ago 15-18 years ago that a major drainage be done throughout the whole County and Queensbury was one of the major areas, we had a terrible worry about the condition of Halfway Brook that it was being clogged up and it should be taken into consideration to straighten out and get rid of a lot of friction loss and all the other things that the terrible hundred year floods could cause. Its the recommendation to the Planning Board and you people, as you know we balked at little at the 70,000 dollars expenditure at Bedford Close for drainage that the Town thought I should do, I did it reluctantly, and I want you to know this spring we used very bit of it. All of our customers were very happy when the huge four foot drain in Bedford Close as full of water and was not going through people's yards. I want to reverse myself and complement you. Again where is it going ours goes into the River. If six months is the time and we can guarantee here and worry about the quality of life and the subdividers and planners and those of us that put in these things do not pay for any of this, as you know the consumer always pays, the consumer by the way is the person who votes you in office and pays the taxes. In a capitalistic society it is always good to put things in perspective. We would like to know what is going to happen in the six months, I know we have a few dollars, maybe this is a good time to do an all out a heavy duty study and get the thing over with once and for all at least through the turn of the century which is only thirteen years from now. TOWN COUNSEL-If the Board did not act on this, in order to extend the period of time the Board would have to enact another Local Law...it seems to me the Court might ask to take a look at communities to see if there is progress or if this was a tactic to stop any kind of development so...if there is a request for a longer time period that would have to be enacted through local law. MR. PETER CARTIER-Ridge Road-Six months is not a long period of time I would encourage the Board to take the necessary time to do the job properly... MS. LYNN POTENZA-7 Moorwood Drive-Realistate Broker-A large percentage of my business is in the Town of Queensbury. The six month moratorium or stay is an excellent idea and I think we need it, I think we need the breathing time and I am all for it. COUNCILMAN MONTESI-There is one thought that should be encouraging is the timing of this, as Mrs. Walter has pointed out, itwill lead us from today, six months will lead us into October, this is an election year, come October or November the Board who is sitting here will be asking for your vote and we will have to show progress on what is being done on the moratorium ... we are vulnerable and we are accountable to your questions. As the Planning Board and Stuart present changes in the ordinances or changes in the rules of subdivision regulations they will be brought forth in some cases piece meal because it would be horrendous to try and put it all in one public hearing. Those issues will be here for the public to answer to address and the changes made and that should be done in an orderly process which would take place at the latter end of the moratorium. MS. KAREN BODENWEISER-24 Lake George Road-My first question is the current plan for Hiland Park, Earltown Development, West Mountain and Round Pond which I understand went into today, will these development proposals be affected by this moratorium if passed? SUPERVISOR WALTER-The first three that you mentioned which are PUD's I don't know if the application that was filed today was complete or will be approved as conceptual? That one could be affected the other ones would not because they have already been through the process. MS. KAREN BODENWEISER-The next question is, if we do a rezoning as part of the master plan and there is a rezoning done by the Planning Board is it then the zoning law that has been in effect since 1982 through today that will be in effect for those three developments? SUPERVISOR WALTER-A PUD concept is that we will in going through the process to rezone that property for multi-use that in itself is a rezoning. When a developer comes in with a Planned Unit Development he is putting in the unit all sorts of uses that are not necessarily allowed in that zone in coming in with a Planned Unit Development he says this is my plan all of these things interact together and it is up to the Town Board to say whether they wish to rezone that property as a Planned Unit Development to allow mixed uses in this PUD zone. ins MS. KAREN BODENWEISER-For those three developments that has been done? SUPERVISOR WALTER-No we are in the process of doing that. MS. KAREN BODENWEISER-In response to Mr. Borgos statement about not many people being here, I believe, I have taken a look very briefly at Mr. Mesinger's survey that was done several months back. I understand that was of 2000 Queensbury residents. I am aware that not all 2000 people responded but apparently there was enough of a response for Mr. Mesinger to feel that it was valid to publicize the results. They are not all here tonight, but from my understanding of the study 93% of the people responding favored preserving agricultural land in Queensbury and 81% favored protection of wetlands and 97% favored protection of forested areas. The majority of the responding residents favored moderate growth in housing slow or no growth of retail outlets and we are not in favor of construction of additional shopping plazas. My concern is I am hoping that the people of this Town are really being represented appropriately by their elected officials. Maybe it is time to do another study more publicized or a larger sample of the Town's people. There is obvious concern here and the desires are quite clear here of the people in the Town that responded. They are not interested in a lot of heavy growth in this area. SUPERVISOR WALTER-That is one of the reasons that we will be taking a look at the zoning. If a person owns a piece of property that is currently zoned commercial if he passes the review process through the Planning Board that he has proper drainage, the things that the Planning Board wishes to ask him to have, as far as that project, he is allowed to build his commercial building there, because that is the zone for it. You cannot let him do that unless it does not meet the other criteria. In the study that Mr. Mesinger did will really give us a handle on perhaps a rezoning of larger areas rural areas that kind of thing, that we do not have now. That is one of the purposes of the survey. MS. KAREN BODENWEISER-How does this group respond to the input, I almost hear you saying that because there are only forty or fifty people here we can't take what you have to say as serious because you are not fully represented of the rest of our constituents is that...? COUNCILMAN BORGOS-I have not had more than two and six letters. — COUNCILMAN MONTESI-I have had nineteen calls and they were all in favor of the stay. We are getting good input...return was pretty good the survey 20% is a good number to work with on a random sample. The master plan was done four or five years ago by the Planning Board we all knew it would have to be done again because things are changing it is not cast in concrete. These updatings may not take us through the end of the century we may have to do some more revising. We have to address some issues, the City of Glens Falls is going to sell some water shed property, no one ever thought that would happen what are the alternatives for our town, buy it? But the guy that owns the land has a right too, the people that look there and see the view are they willing to bear the burden of buying that at a fair market value so they can maintain that view? That may be a very important thing. In some cases people in Queensbury are telling us they wouldn't mind doing that. How do we treat our neighbor who is involved in a landfill with us who hopefully will buy water so that the water shed property instead of being sold off might be combined with the City and Town into a passive recreation area so it would be forever wild. That does not happen today or tomorrow, it takes some negotiations and maybe it takes a firm hand on our part that we will rezone the whole thing to forty-two acres per dwelling. That would render it relatively not saleable...hopefully we are on top of that, we need some time to look at that, that is what this moratorium is trying to say. MS. KAREN BODENWEISER-I would like to go on record as saying I am in agreement with taking the long view. The things that we do this year and the next few years, you can't undo a development and put the trees back and have the water shed as it j was it is something that everyone should consider. MRS. DOROTHY HULL-West Mountain Road-Just 29 years ago we came to live on the West Mountain Road on property that has belonged to the family since 1790. I have protected that property I have tried to make it park like and beautiful. There are developments all around us, Bedford Close, West Mountain, and now Mr. Passarelli 125 units in off the Luzerne Road, we are surrounded. There is another development off Pitcher Road, Ambershire. Noted that Mr. Passarelli's development backs up to her property...their surveyors have come in several acres on our land and cut trees and put their survey marks, our property line goes through Clendon Brook...The surveyors went to the top of our hill 500 feet on to our property drew their line and cut their site and put in stakes, can you see how we felt. SUPERVISOR WALTER-You have a recourse and no one has a right to do that to someone's elses property. MRS. DOROTHY HULL-Twenty-nine years ago we could walk up and down the road and it was private. I will say that the developments around us a beautiful and they are to be complemented but also when someone comes in here from Long Island Mr. Passarelli comes in and goes down my ravine and they do what they are going to do, is this guy going to come in here and think who is going to know we will just fill this in and build on this, it is serious. In twenty-one years what we can see that has grown around us ...we are amazed at all the houses, everwhere you go its houses. There is no more room in Queensbury... MRS. ELIZABETH VALENTE-60 Sweet Road- I empathize with the various boards that I am very familiar with as I am a builder and developer in the Town. The only reason that I cannot give my whole hearted approval on this moratorium is that six ---� months always tends to go into a year, that historically been the case. I am looking at a piece of land right now that I wanted an answer on a zoning, I did not want a site plan you are slamming the door shut on me but that is not important. I do think you are being fair to the developers with the concept that as long as they have their papers in you are not slamming the door on them mid-stream because it is a really big investment to get in front of you conceptually, between the engineering and all. I guess my major comment here is more directed to the people in the audience who are mostly homeowners and are not in this business. I find it curious that you are sitting in a room of builders and developers who are not standing here kicking up a fuss about this moratorium. We are usually considered the villains in the scenario and we are not, most of us do live here no, whether we are transplants or not. We are interested in the betterment of the Town. I personally feel you do have some zoning problems since I have had a problem on my own street most recently with an approval that I think personally does not belong there at all. Constitutionally that woman has a right to put her building there whether I like it or not. I just want to point something out. The Planning Board is really rough, you have besides them over looking everything you are doing, you have environmental conservation, you have the DEC, ENCON over looking you. The big three, as I call them, are in wetlands they are going to have to deal with an awful lot of things. No one is going to tell them to go ahead and build your units. As far as how many available lots are in this Town, sure we have a lot of available lots and sure we have a lot proposed. I have conceptual approval for 250 townhouse units that are going to be built over ten years, if the economy and the market place permits. Just keep this in mind, you could have 9,000 lots approved in this Town you have to have the people to buy them and the market for them. I really wish people would not get so shook up about these numbers. We have had a great boom I do not believe it is going to last, I hope that I am wrong. I hope the economy is going to stay healthy. Just because these people are going to conceptual approvals they are not stupid they are not going speculatively throughup two thousand units and hope that they sell them. I want to assure everybody that the developers who live here I know are going to be looked over and gone over with a fine tooth comb and I am sure they are not going to be looking to do anything to hurt the Town in anyway. I am really going to tell you I do not think you are going to do this in six months. MR. BILL MORTON-I would like to encourage the idea and as soon as the planning process starts, early on in the process perhaps an informal session be held for the public to allow the public to help in the scoping process of the plans and get some ideas out onto the table. COUNCILMAN KUROSAKA-I am willing to put a moratorium on subdivisions but when you say site plan review of more than four units you are talking a small mini-mall with four units or more? COUNCILMAN MONAHAN-Some of our greatest problems have happened on small projects. Just because you are small does not mean you do not create a problem. I have been pushing for a moratorium for the past year because if anyone has been involved in planning you can see what is happening to the Town of Queensbury. I have been concerned about what has been happening to the Town of Queensbury, I agree with Mr. Morton we have permitted urban sprawl here. We haven't been concerned about our streams we thought we were great because we didn't allow them to blacktop right up to the stream, frankly what has been happening around our streams, we better get back a lot further than fifty feet, because we are just kidding ourselves that we are helping those streams. In 1982 we adopted our new master plan, anyone involved in Planning knows any kind of zoning is only good for five years. In Queensbury I do not think it has been good for five years, because we have changed so fast and gown so fast, it has become an entirely different type of community. Whether for good or bad we all have our reservations about. We have mis-zoned a lot of areas of land, one is the City Watershed property some others were are agricultural lands, where we did not give the people who were trying to farm a chance to farm. I think now it is time, maybe late, but better than never, as far as I am concerned, we face up to the problems that have happened in this Town and we get to work on them before it is too late. We cannot ask our Planner to do this job when he is every day faced with new subdivision coming in that he has to go out and do the foot work on. COUNCILMAN MONTESI-In regard to your comments on the site plan issue...Route 149 and Route 9 was an interesting corner, we had shoe outlet company that came in a pretty log building and they became the largest volume store in the chains operation, all over New England. It was zoned I had some input into that when I was on the Planning Board. We did not take a step back from that now we have little site plan reviews that have constituted a multitude of mini-malls up there. Are they good, I do not know, are they bad, they do not look great we really over populated that corner. We have made a tremendous grid lock problem for ourselves in terms of traffic. I think that is why we need to have site plan included in here, because those things, will not stop happening. We have to address that as part of the Master Plan. The only other comment I can make is that I wish I could be more productive to my constituents and the citizens of the Town and say, we are going to address some of the traffic problems. I guess one of the most frustrating jobs for the last two years has been my inability to find out how to get the County to widden Quaker Road expediently, they are working toward it but it takes forever. If that isn't a tough job who do I talk to in the State to get another lane on Exit 19 bridge. It is frustrating because there is no one to talk to that gives you a definitive answer so we are working toward those. We have twenty-four thousand dollars being spent for a study on Quaker Road when that study is done and the engineering is ready to go we are going to need your support to through our County Supervisors. We are going to need eight million dollars from the County to widden Quaker Road, we are going to need your support vocally to help us get there. Thirty-three percent of the sales tax dollars that come into our community or our county are generated in Queensbury. All of the folks up county can benefit from those increase dollars and have lots of nice things from it but one thing they do not have is the traffic problems and the growth. The County owes us something, they owe us the right to have a road that can handle that kind of traffic. COUNCILMAN BORGOS-Would the proposed regulations apply to Mobile Homes as well as other subdivisions, is that correct? ~- TOWN COUNSEL-WILSON MATHIAS-Yes. The intent is not to isolate single family residential units, otherwise you have a situation where you would stop a subdivision but let a Guy put in 150 Condos. COUNCILMAN BORGOS-What would be the situation about phased development where people would do a three phase operation, one has final approval, the others are just sitting there? TOWN COUNSEL-WILSON MATHIAS-I do not think they would be affected, they would already have gone through site plan review and would have filed. COUNCILMAN BORGOS-If they do not already have final approval will they already have been through site plan review? RICHARD ROBERTS-CHAIRMAN, PLANNING BOARD-My understanding is that even earlier than that it would be grandfathered... COUNCILMAN BORGOS-I agree, I just wanted to make sure that was what was written here. u SUPERVISOR WALTER-If a developer comes in an gets conceptual approval for a large housing development and he is phasing it now because we have a rule that says he has to phase it and that he cannot go into the next phase until he has completed a percentage of the first phase so it is my interpretation that, that is in the process. STUART MESINGER-What about the case of the subdivision which has seen sketch plan approval but has now expired and they never did anything? SUPERVISOR WALTER-That has expired... COUNCILMAN BORGOS-Commercial Development, does this impact on Commercial Development? 148 TOWN COUNSEL-This is directed toward residential units... SUPERVISOR WALTER-If a project has been filed and it has not received anykind of approval but is now going to change the intent of the application I have a question as to whether in fact that should become a new application and the first one nul-and-void, In a case where we have duplex housing and we are coming in with single family. TOWN COUNSEL-WILSON MATHIAS-I think that each case you are going to treat differently and take a full look at the facts...the purposes of section in here is to limit the amount of litigation and whether someone has a vested right to have this project or not. There is still ample room for reasonable lines to differ as to what this section means but I think it has limited...it has included a lot of projects and it excludes a fewer number. The ones it does exclude are individual cases. COUNCILMAN KUROSAKA-If you are only talking residential you have answered half of my objections. TOWN COUNSEL-WILSON MATHIAS-This Local Law is directed at residential units. COUNCILMAN BOROGS-I sympathize to the concern that all people in the room have shared tonight, I love living here, I cannot think of any other place I would want to live. I have lived within ten miles of this spot for almost forty years. I think that the rush in development in the past two or three years is primarily due to the change in the economy I think a lot of that was a pent up demand, pent up thoughts from the past several years when economics were in proper condition. When financing was available when interest rates were out of sight. When a lot of things were not where they are at the moment that could change tomorrow. A great deal of the growth we have had, has been positive as I have driven through some of the subdivisions, Mrs. Hall indicated Bedford Close, Northwest Village, very beautiful pretty areas, the area of Fox Farm Road, Fox Hollow, lovely Mrs. Valente's project very pretty. We do have open space provisions in our zoning rules and regulations at the present time we have been doing a great deal in the area of recreation. A fire protection study is about to begin hopefully when we are finished with this tonight there is a resolution we will be looking seriously at the fire protection of the Town. Many concerns of runoff and water retention and so forth, have already been addressed and continue to be addressed and I think that the Planning Board is doing a super job in that area. The biggest thing that concerns me in this whole issue is the fairness issue and I am concerned about the people who have purchased some land with a particular thought in mind. People such as Mr. Gregory who in the final analysis may be out voted by a majority situation. I am concerned about people who have purchased a piece of property zoned a particular way and have been working on the plans and are already to come in tomorrow morning or next week and all of a sudden they cannot. Maybe they borrowed thirty thousand dollars to sixty thousand dollars and they have to pay it back, anticipating that they will be selling those things in September and all of a sudden that is not going to happen, they may never get the money back that is a concern. I am trying to think of a fair way to handle this. Stuart will go out and do the best job he can within six months, he is very good and we generally agree with most of what he does and he will have some help, can he do it, I do not know how much help he will need. It was mentioned that most of the developers at least the large developers who have anything planned for the next six months probably have submitted, I would guess that is probably true. If that is true and if we do not anticipate any more major submissions within the next month or so I personally would feel much more comfortable and much more fair about the whole thing if we were to say lets have a moratorium but lets not have it begin until forty-five days from now or thirty days from now. Lets give a couple people who might be out there an opportunity to come in and file. It does not mean that they will be accepted it does not mean they will go through but at least it would be fair. There would be adequate notice people would have an opportunity to say all right we want to do this we will rush out and do it. If really nobody is going to be injured than no one would be injured any further. It might help with the study, instead of waiting �- as Mr. Carusone said six months from now and have one hundred people lined up at the door maybe we will find thirty walk in, in the next month or five. The backlog - that has been there will be here and we will know really what people have in mind. When I walked in here tonight thinking I probably wouldn't vote in favor of a moratorium here tonight I probably could be persuaded to go with the moratorium I would feel — much more comfortable about it if we had a thirty or forty-five day waiting period before it took affect. COUNCILMAN MONTESI-Even though we are not putting a moratorium on site plan review for commercial development that does not negate that our Planning Board and our Town Planner will not look at rezoning some parcels of land that may be zoned commercial and in view that there may be some changes... that will be part of the review not only residential but commercial zones. 149 MS. PAT COLLIER-Qsby.-Stuart has to do the footwork on these things that come in and if there were a flood of proposals coming in, in the next thirty days or forty-five days and he had to do all of that, that is going to take time away from his working on the master plan. MS. KAREN BODENWEISER-Mrs. Walter when was your letter made public to the Board? SUPERVISOR WALTER-March 31, 1987. MS. KAREN BODENWEISER-The point is that the builders have known for thirty days...if someone was really going to go bankrupt because of this they would have somehow hotfooted it in here. I have to ask the builders, is six months going to kill you, are you going to starve because of this. I hear a lot of people saying that everything is going to hault you are totally going to stop development forever that is not the case, most of what is in the hopper, people are going to be fully employed... I would rather see us take the time than make a lot of mistakes we will regret. COUNCILMAN MONAHAN-Asked Ms. Bodenweiser to show the Board the copy of the Capital District Business Review ... which shows the growth in Qsby. MS. KAREN BODENWEISER-My question is in regard to the map entitled Development Under Construction or Review in Queensbury, the question I have is does this include all the developments approved but not under construction? STUART MESINGER-Yes. COUNCILMAN BORGOS-At the end of the six month period we have come up with a new plan that would then have to go to public hearing? SUPERVISOR WALTER-Yes TOWN COUNSEL-WILSON MATHIAS-This does not short circuit the legislative process in terms of adopting new regulations in zoning. COUNCILMAN BORGOS-What are we talking about in terms of the time frame? - TOWN COUNSEL-WILSON MATHIAS-In generally takes approximately thirty days. SUPERVISOR WALTER-We are looking at other people, other than the Planner, the Planning Board and interns and soils from the Soil Conservation, Historic, from Mr. Eddy, and housing from Warren County, several of the interns will do some of the work in graphics a lot of that has been done already at the County, a Highway analysis we will need a consultant and the Town Planner and the Planning Board will be working almost daily in September the final plan and revised ordinance would be in for late October. The Master Plan and revised ordinance would be presented for a hearing in the early fall and a final plan and revised ordinances would be adopted in late October. STUART MESINGER-It is an ambitious schedule it is do-able. In St.Lawrence County when the Fort Drum expansion was announced that was a project that would bring 10,00 people to Watertown. It was going to spill over into the western part of the County we had five or six towns with no zoning or plans of any kind and they were suddenly faced with the prospect of five hundred to a thousand people moving into mobile home parks for construction workers. They needed plans and zoning in a hurry. We developed a plan in six months for all six towns, this is a lot more complicated, I do not want to minimize that. It think it is a difficult task but I do think it is do-able. Regarding the idea of waiting thirty days, today was the dead line for May, you had to have your applications in twenty-one days ahead of time to the Planning Board in order for time of review. Without question there were people who called me up and wanted to beat the dead line because they knew the moratorium was coming, we did get one very large development on Round Pond today. My concern about extending this, I do think people have had notice and know about it, I think if you wait the thirty days and say come in and get them know...you are going to invite people to bring in developments that may be questionable or not well throught out or developments in areas that may in fact be rezoned, that is not within the intent of what we want to do. People have known about this and those that are really concerned about beating the clock did so today. COUNCILMAN MONTESI-Victor Macri called me today a Member of the Planning Board he wanted me to know that he was in favor of the moratorium...he has served as a volunteer as the rest of the Planning Board. he has been faced with as the rest 150 of the Board shuffling papers and he really want to get involved in doing, he is at the job and he wants to make Queensbury a good place to live he feels the only way he can do that is through the moratorium where you can have time instead of monthly having the shuffle through a bunch of papers, work on some plans to make it a good place to live. STUART MESINGER-Vic and other Board Members have said that too, they feel that they are reviewing plans but they are not doing the more important part which is having vision and doing planning. COUNCILMAN MONAHAN-Mr. Morton, on time you told me you did a rough population count of what the Town population could be under our present zoning? MR. BILL MORTON-We did undertake a study of what the population could be under current zoning if development was allowed to go to the maximum..we found approximately 51,255 new dwelling units, of these 4,800 would be new commercial buildings 138,400 people presently slightly over 20,000 and we estimated that there would be approximately 64,000 cars and now there are 7500 permanently in the Town. SUPERVISOR WALTER-Asked for further input, hearing none the Public Hearing was Closed 9:14 P.M. I would like to make an announcement that we have a vacancy on the Planning Board...asked for volunteers. OPEN FORUM SUPERVISOR WALTER-Asked for public input...hearing none the open forum was closed 9:16 P.M. RESOLUTIONS RESOLUTION TO RETAIN CONSULTANT RESOLUTION NO. 132, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board wishes to undertake a formal fire deployment analysis to assure that modern standards of fire protection be maintained on a Town wide basis, and WHEREAS, the last review of fire defenses in Queensbury occurred in 1973, and WHEREAS, growth and development throughout Queensbury has brought about major changes indicating such a fire defense update is warranted, NOW, THEREFORE BE IT RESOLVED, that the Town Board retain Proper's Fire Tech Associates, Inc. (Municipal Fire Management and Consultants) to undertake a review of fire deployment in the Town as described in a "Request for Proposal" dated March 31, 1987 for a fee not to exceed $5,000.00. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COUNCILMAN BORGOS-We have not had a formal fire study since 1973. What has been done has been totally inadequate as far as todays problems are concerned. What was done back then was pretty much implemented and in fairly quick order. We have sent proposals to two well recognized major consulting firms both responded quickly. I spoke to both firms with one I spent three to three and a half hours going through the Town. The one I have recommended happens to be the least expensive which will make everyone happy. The person that is involved with this particular organization has now started his own business in the last several years while he was in the state several years go he conducted the 1973 study he is already familiar with the Town. This will save the town time and money by having someone who already knows what is here come in and work for us instead of having to get someone to spend half the time just getting to know the Town. The request initially went out for a fire deployment analysis to give us a recommendation where he feels fire stations should be, what new apparatus should be purchased and what apparatus might be relocated from one station to another station just recommendations. All of this was conveyed to the representatives of all five fire companies at the meeting of the fire study committee about a week and a half ago. All chiefs indicated that they would like the consultants to look at possible redistricting, slight movements of boundary lines to get better protection. Historically and traditionally that is something fire companies really do not like to to do they do not like to give up any territory, but all these people are professional now, they are saying if you are going to have a consultant lets get some ideas. We won't necessarily agree with them but lets get some ideas and find out how we can best serve the community. That is why we have the limit to up to $5,000 the proposal came in at somewhere around thirty-six to thirty-eight thousand dollars we are comfortable with the feeling within that five thousand we can get that additional information. If we contact him within the next few days probably by late June early July we will have a complete study. COUNCILMAN MONAHAN-I want to thank Mr. Borgos for all the time and effort he has put on this project. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW PROVIDING FOR ELECTRICAL INSPECTIONS WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. 133, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has determined to consider the adoption of a local law requiring electrical inspections and regulating electrical inspectors within the Town of Queensbury, and WHEREAS, the Town Board recognizes the need to regulate the installation, alteration or repair of electrical wiring and to provide for the licensing of persons authorized to make electrical inspections within the Town, and WHEREAS, the Town Board intends to revise its current ordinance and rules regarding electrical inspectors, and WHEREAS, the proposed local law has been prepared, a copy of which is annexed hereto, and WHEREAS, the proposed local law is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and that said public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office Building, Bay and Haviland Road in the Town of Queensbury, Warren County, New York on the 12th day of May 1987 at which time all persons interested in the subject thereof will be heard, and be it further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None (Text of Local Law on file) RESOLUTION APPROVING CONTRACTOR, APPOINTING ENGINEER AND APPROVING SECURITY AGREEMENT FOR CONSTRUCTION AND INSTALLATIONS OF PEGGY ANN ROAD WATER DISTRICT RESOLUTION NO. 13 L{ . 134, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: 152 WHEREAS, the Town of Queensbury has entered into an agreement relating to the establishment of a town water district dated February 10, 1987, and WHEREAS, BGH Enterprises and Thomas J. Farone & Son, Inc., have submitted the name of E. Galusha & Sons of Johnsburg, NY for approval as contractor for the construction work, and WHEREAS, BGH Enterprises and Thomas J. Farone & Son, Inc. have submitted an escrow agreement together with funds totaling $83,641.00 as security for performance of the construction work, and WHEREAS, Charles H. Scudder, P.E. has heretofore prepared a map, plan and report .' for the Peggy Ann Road Water District, NOW, THEREFORE BE IT RESOLVED, the Town Board hereby approves E. Galusha & Sons as designated contractor for the construction and installation of the water main and appurtenances within the Peggy Ann Road Water District, and be it further RESOLVED, that the Town Supervisor is authorized to execute the annexed escrow agreement with respect to the security for performance of the construction work, and be it further RESOLVED, that Charles H. Scudder, P.E. is hereby engaged to supervise the construction work on behalf of the Town of Queensbury, for a professional fee on an hourly basis up to $5,000.00 and be it further RESOLVED, that Charles H. Scudder, P.E. shall have full authority to direct the methods and materials utilized in construction and he shall, upon completion of the construction work, certify that the work has been completed in accordance with all Town of Queensbury Water Dept. specifications. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter i Noes: None �- Absent:None RESOLUTION TO APPROVE LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDMSION AND/OR SITE PLAN REVIEW IN EXCESS OF FOUR DWELLING UNITS RESOLUTION NO. 135, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board proposed a local law to stay filings of applications for approvals of major subdivision and/or site plan review in excess of four dwelling units and WHEREAS, the Town Board set a public hearing on April 29th 1987 at 7:30 P.M. on such a proposal, and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed Local Law, NOW, THEREFORE BE IT RESOLVED, that the Local Law entitled A LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISION AND/OR SITE PLAN REVIEW IN EXCESS _ OF FOUR DWELLING UNITS be and here by is approved. i I Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None LOCAL LAW NO. 31987 LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISION AND/OR SITE PLAN REVIEW IN EXCESS OF FOUR DWELLING UNITS SECTION 1. Legislative Intent. It is the purpose of this Local Law to conserve and protect the public health, safety and general welfare by staying the filing and/or consideration by operation of law of approval for major subdivision and/or site plan review in excess of our units for a period of 180 days. It is recognized that this interim legislation is temporary only and that during its pendancy the Town of Queensbury shall revise and update the comprehensive or master plan for the Town. The Town Board notes the rapid growth and expansion of residential development in the Town since June 11, 1982, the effective date of the existing Zoning Ordinance. 1 SECTION 2. Authority. This Local Law is enacted pursuant to Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. Prohibitions. No person shall file or cause to be filed, within 180 days after the effective date hereof, an application or applications for approval for major subdivision or site plan review in excess of our dwelling units. Any such application filed in violation of this section shall be void. No approval by operation of law shall result by the filing of an application in violation of this section. This provision shall not be waived. SECTION 4. Exceptions. This local law shall not apply to or affect applications for approval for Planned Unit Development, major subdivision, or site plan review in excess of four dwelling units where such applications have been filed with the appropriate Town Official prior to the effective date of this Local Law. SECTION 5. Effective Date. This Local Law shall take effect immediately. On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Darleen M. Dougher Town Clerk Town of Queensbury