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1986-05-13 150 TOWN BOARD MEETING MAY 13, 1986 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 PRESS: WBZA, Glens Falls Post Star, Chronicle GUESTS: Michael Woodbury, Joseph Carusone, Doris Ornstein, Linda Schor TOWN OFFICIALS: Mr. Paul Naylor PLEDGE OF ALLEGIANCE LED BY: Councilman Kurosaka MEETING OPENED: 7:50 P.M. SUPERVISOR WALTER: Stated that the Public Hearing was relative to an extension of the Sherman Avenue Water District. Noted . . . (Map shown) There has been before the Planning Board a subdivision that requires public water, its an unusual district that certain negotiations with the developer where made, he is fronting some of the money for the district. The district cost $25,000.00, any properties within the district would be 'not more than $7.11 per thousand, assessed value. We will be looking at the town underwriting the finance. Introduced Mr. Charles Schudder, the engineer who was present. . .asked for comments - hearing none the public hearing was closed 7:52 P.M. OPEN FORUM MICHAEL WOODBURY - Stated that he had one more comment regarding the recreation fee. The people in Queensbury are in favor of recreation,which showed in the vote at the Queensbury School District. Noted it was a smart way of financing it where we can do $375,000 worth of work which the whole town will be able to use and let the whole town pay a very small portion of it and let the state pay a relatively large portion of it. Stated that he thought this was the way for the town to proceed. DORIS ORNSTEIN - Vice-President of the Adirondack Regional Chamber of Commerce. . . Stated that the Board of the Chamber of Commerce, has serious concerns and objections regarding the impositions of fees on new development. The Chamber does not object to the establishment of additional areas for the town but rather to the method being proposed to fund those areas. If a developer fee is imposed the burden for funding is placed on developers and new home owners, if these areas were strictly for the use of new- comers to the town it would make sense. Our opinion is that if the town feels that monies need to be raised in order to purchase lands for recreation areas to be for all the people then the money should come from all the people. Stated that the Chamber represents more than 820 businesses and in particularly more then 200 of these businesses are located in the Town of Queensbury. The Chamber urges the Town Board to reconsider the proposed developer fee. JOSEPH CARUSONE - Peggy Ann Road — Stated that he had spoken to the Town Board in the past regarding the subdivision fee, but wanted to speak about the stream that runs from Peggy Ann to Potter Road. . .Noted that this is one of the recreation areas available to the people in the Town of Queensbury that should be preserved. Stated that his objection was still that the developers should not have to pay for these recreations areas. RESOLUTION TO APPROVE MINUTES 151 RESOLUTION NO. 127, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board Minutes of April 22, 1986 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION OF REAPPOINTMENT TO THE ZONING BOARD OF APPEALS RESOLUTION NO. 128„ Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr.Ronald Montesi: WHEREAS, the term of Thegdvre Turner, Chairman of the Zoning Board of Appeals is due to expire May 17, 1986, and WHEREAS, the Queensbury Town Board wishes to reappoint Mr. Turner to a 5 year term, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Theodore Turner of Meadowbrook Road to a five year term on the Zoning Board of Appeals, term to expire May 17, 1991. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr.Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO RETURN FEE RESOLUTION NO.129. Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board of Queensbury hereby approves the return of the Twenty-five Dollars ($25.00) Mobile Home Application fee of Mr. & Mrs. Craig Meade, Sunnyside North, Queensbury, N.Y. 12801 Duly adopted by the following vote: Ayes: Mr. Kurosaka,Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO. 130, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Frances Walter. RESOLVED, that permission is hereby granted to Dr. Charles R. Eisenhart, Town Historian, to attend the "Conference on New York State History" scheduled to be held on May 30-31, 1986 on the campus of Russell Sage College in Troy, New York, and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter 152 Noes: None Absent: None RESOLUTION TO UNTABLE RESOLUTION NO. 92 RESOLUTION NO. 131, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury wishes to bring back onto the floor Resolution 92, 1986. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan,Mrs. Walter Noes: None Absent: None RESOLUTION TO INCORPORATE TWO STREET LIGHTS IN QUEENSBURY LIGHTING DISTRICT RESOLUTION N0. 92, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, there exists two street lights on Route 9 adjacent to the King Hendrick Motel and WHEREAS, it would be in the best of interests of the Town to incorporate these street lights into the Queensbury Lighting District, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby incorporates into the Queensbury Lighting District the two northernmost street lights in front of the King Hendrick Motel and be it further RESOLVED, that a certified copy of this resolution be sent to Niagara Mohawk Corporation. Duly adopted by the following vote: — ` Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - Asked Mr. Montesi if he would address the matter of the lighting in front of the King Hendrick Motel. COUNCILMAN MONTESI - Stated that the motel owner, not the present owner, had these lights installed facing in over the two driveways. Also stated that as traffic has increased over the years on Rte. 9 it is found that these two driveways are lighted but coming out on Rte 9 it is a pretty dark section. They wanted them turned on the poles. Noted that there would be no cost for erecting poles because these two lights will be part of the lighting district. Niagara Mohawk has a new field representative in and stated that they are studying their maps which show all of the lights in the town in the lighting districts. We are overlaying them with our tax maps so that in the future, as an example, Aviation Rd. ,the need for lighting the rest of Aviation Road may exist and with his maps and our maps we will be able to tell the number of lights that are presently there, what lighting districts they are in and proceed with some kind of orderly plan. fir. COUNCILMAN MONAHAN - Agreed with the turning of the lights. COUNCILMAN KUROSAKA - Also agreed with the need for better lighting on Rte. 9 in that location. SUPERVISOR WALTER - Noted that previous Town Council Members were looking 153 to do the best they could with lighting but also to consider the cost of these things and stated that she had a problem with the concept, a request from an individual business being addressed by the town and when a business changes and the owner no longer wants to pay the bill that they could come to the town and ask the rest of the people in the lighting district to pick up their expense. COUNCILMAN KUROSAKA - Stated that the problem does exist on a portion of Rte 9 and should be lighted on the road side rather than on the driveway side. y- SUPERVISOR WALTER - Stated that she agreed that there was discretion on the part of the Town Board but hoped that the lighting committee wouldn't feel that everytime that there was such a request from an individual -'- or individuals that particular expense gets dumped on the rest of the people. COUNCILMAN KUROSAKA - Stated that this was not to set a precedent but rather in the interest of safety. RESOLUTION SETTING PUBLIC HEARING DESIGNATING ROUND POND AND ADJOINING LANDS AS CRITICAL AREAS OF ENVIRONMENTAL CONCERN RESOLUTION NO 132, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, The Town Board is authorized to designate specific geographic areas within its boundaries as critical areas of environmental concern, and WHEREAS, Round Pond and the area within 500 feet of the high water line of Round Pond appear to be of exceptional and unique character, and WHEREAS, the aforesaid area may meet the criteria contained in Section 617.4 (J) of Title 6 of the New York Code Rules and Regulations as a benefit to the public health and safety, natural setting and an inherent ecological and hydrological sensitivity to change which could be adversely affected by any change, and WHEREAS, the Town Board seeks additional public comment regarding the designation of this area as a critical area of environmental concern, NOW, THEREFORE BE IT RESOLVED, that a meeting of the Town Board of the Town of Queensbury shall be held at the Town Office Building at Bay & Haviland Roads in the Town of Queensbury on the 27th day of May 1986 at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to designate Round Pond and certain adjoining lands as critical areas of environmental concern, and to hear all persons interested in the subject thereof, concerning the same and to take action as may be required and authorized by law, and it is further, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish a copy of this resolution in the official newspaper of the Town of Queensbury and to post a copy of this order on the sign board of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION OF FINAL ORDER IN THE MATTER OF THE ESTABLISHMENT OF A SEWER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO BE KNOWN AS THE QUAKER ROAD SEWER DISTRICT IN SAID TOWN. 154 RESOLUTION N0. 133, Introduced by Mrs. Frances Walter who moved for its adoption seconded, by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duly caused a general map, plan and report to be prepared by a competent engineer, duly licensed by the State of New York, which have been filed in the office of the Town Clerk of said town, to be known as Quaker Road Sewer District, and WHEREAS, an order was duly adopted by said Town Board on the 27th day of August, 1985, reciting a description of the boundaries of said proposed sewer district, the improvements proposed therefore, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection, and specifying the 12th day of September, 1985, at 7:30 o'clock p.m. prevailing time, at the Meeting Room, Queensbury Town Office Building, Bay at Haviland Road in Queensubry, New York, in said Town, as the time when and the place where said Town hoard would meet for the purpose of holding public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209-D of the Town Law and proof of such publication and posting has been duly presented to said Town Board; and WHEREAS, the following said public hearing, and upon the evidence given thereat and upon the general map, plan and report along with the Environmental Assessment Form which the Town Board had caused to be prepared in accordance with the requirements of the State Environmental Quality Review Act concerning the establishment of the proposed Quaker Sewer District and the construction of the improvements proposed therefore, the Town Board duly adopted a resolution making a determination of no significant environmental impact of the proposed establishment of the Quaker Road Sewer District and the construction of the improvements proposed therefore; and WHEREAS, following said public hearing, and based upon the evidence given therat, said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in Subdivision 209-e of the Town Law; and WHEREAS, following said public hearing, said Town Board also duly adopted a resolution approving the establishment of said sewer distrct and the construction of the improvements proposed therefore, said resolution expressly providing that it was subject to a permissive referendum as provided by Section 209-e of Town Law; and WHEREAS, after the expiration of the time for filing a petition requesting that- the matter be submitted to a referendum of the eligible voters of the proposed district, the Town Clerk duly filed in the Office of the County Clerk and in the Office of the Department of Audit and Control at Albany, New York a certificate stating that no petition requesting that the matter be submitted to a referendum had been filed with the Town Clerk; and WHEREAS, in response to an application duly made pursuant to Subdivision 3 of Section 209-f of the Town Law, the State Comptroller has duly made an order, in duplicate, dated May 6, 1986, granting permission for the establishment of said sewer district, proof of which has been filed in the office of the Town Clerk and which has been submitted to said Town Board; NOW, THEREFORE IT IS HEREBY ORDERED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: SECTION 1. A sewer district in the Town of Queensbury, Warren County, New York, to be known as Quaker Road Sewer District in accordance with the aforesaid Order of the State Comptroller, is bounded and described as set forth in Appendix A attached hereto and made a part hereof. SECTION 2 The improvements proposed for said sewer district, consisting • 1 cJ e.J of the construction of a sanitary sewer system to serve said district, including original furnishings, equipment, machinery or apparatus required in connection therewith, and also including the acquisition of land and rights in land required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and approved. The maximum amount to be expended for such improvement is estimated to be $7,000,000. The costs of said improvement shall be financed by the issuance of not exceeding $7,000,000 serial bonds of said Town maturing in annual installments over a period not exceeding twenty (20) years, payable in the first instance from a levy on the taxable real property in said sewer district which the Town Board of said Town shall determine and specify to be especially benefited thereby in the manner prescribed by Subdivision 2 of Section 202 of Town Law, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds as the same become due and payable. SECTION 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of Warren County, New York, within ten days after the adoption of this Order by this Town Board and to file a certified copy thereof within that time in the Office of the State Department of Audit and Control, in Albany, New York, both pursuant to Subdivision 1 of Section 209-g of the Town Law. When so recorded, such order shall be presumptive evidence of the regularity of the proceedings for the establishment of said Quaker Road Sewer District of the proceedings instituted for the construction of the improvements here-in-before described and to all other action taken by said Town Board in relation thereto. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DESCRIPTION OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT ALL THAT CERTAIN TRACT,PIECE OF LAND, situated, lying., and being in the Town of Queensbury, County of Warren, State of New York and being more particularly bounded and described as follows: BEGINNING at the point of intersection of the westerly line of Glen Street with the northerly line of the City of Glens Falls, said point also being the southeast corner of the Town of Queensbury tax map lot number 102-2-8; thence westerly along the northerly line of the said City of Glens Falls to the northwest corner of said city, said point also being in the southerly line of tax map lot number 102-2-9; thence continuing in a westerly direction along the southerly line of tax map lot number 102-2-9 and tax map lot number 102-2-4 to the southwest corner of said lot, said point also being the most southerly corner of tax map lot number 99-2-6; thence in a northerly direction along the westerly line of said lot number 99-2-6 and Angel Lane to a point in the southerly line of tax map lot number 99-2-3; thence in a southwesterly direction along the southerly line of said lot to the southwest corner thereof; thence in a northerly direction along the westerly line of said lot number 99-2-3 and through the lands of Niagara Mohawk Power Corporation to the southeast corner of tax map lot number 99-1-4; thence along the southerly line of said lot number 99-1-4 to the southwest corner thereof, said point being in the southerly line of tax map lot number 98-1-5.2; thence in a westerly direction along the southerly line of said lot number 98-1-5.2 �--- to the point of intersection- with the easterly line of Interstate Route 87 Northway; thence in a northerly direction along the easterly line of said northway to the intersection with the northerly line of tax map lot number 72-1-10; thence easterly along said northerly line to the northeast corner of said lot number 72-1-10; thence easterly across June Drive to the northwest corner of tax map lot number 72-3-18; thence easterly along the northerly line of said lot number 72-3-18 to the northeast corner thereof; thence northeasterly across Carleton Drive to the northwest corner of tax map lot number 72-5-14; thence easterly along the northerly 156 line of said lot number 72-5-14 to the northeast corner thereof, said point being in the westerly line of tax map lot number 72-5-13; thence northerly along the westerly line of tax map lot number 72-5-13 to the northwest corner thereof; thence easterly along the northerly line of said lot 72-5-13 to the northeast corner thereof, said point being in the westerly line of tax map lot number 72-5-12; thence southerly along the easterly line of tax map lot number 72-5-13 to the intersection with the northerly line of Aviation Road; thence easterly along the northerly line of Aviation Road to the point of intersection with the prolongation northerly of the westerly line of tax map lot number 98-2-1; thence southerly along said prolongation to the northwest corner of tax map lot number 98-2-1; thence southerly along the westerly line of said lot number 98-2-1 to the point of intersection with the northerly line of Aviation Road Interchange; thence southeasterly along the northerly line of said Aviation Road Interchange to the intersection with the westerly line of tax map lot number 98-4-5; thence northerly along the westerly line of said lot number 98-4-5 and tax map lot number 98-4-2 to the intersection with the southerly line of Aviation Road; thence westerly along the southerly `..� line of said Aviation Road to the northwest corner of tax map lot number 98-3-1; thence northeasterly across Aviation Road to a point in the northerly line of said Aviation Road, said point being the southwest corner of tax map lot number 72-6-24; thence northerly along the westerly lines of tax map lots numbered 72-6-24, 72-6-25, and 72-6-26 to the most westerly corner of said tax map lot number 72-6-26, said point also being the most southerly corner of tax map lot number 72-6-27.2; thence northeasterly along the division line between lot number 72-6-26 on the south and lot number 27-6-27.2 on the north to the Intersection with the westerly line of New York State Route 9; thence northerly along the westerly line of said Route 9 to the point of intersection with the westerly prolongation of the northerly line of tax map lot number 72-7-4; thence easterly along said prolongation to the easterly line of Route 9, said point being the northwest corner of tax map lot number 72-7-4; thence easterly along the northerly line of said lot number 72-7-4 to the northeast corner therof, said point being in the westerly line of tax map lot number 63-1-1.1; thence northerly along the westerly line of said lot number 63-1-1.1 to the northwest corner thereof; thence easterly along the northerly line of said lot number 63-1-1.1 to the northeast corner thereof, said point being in the westerly line of lands of Niagara Mohawk Power Corporation being a portion of tax map lot number 62-1-2; thence southerly along the division line between lot number 63-1-1.1 on the west and lot number ---'-�. 62-1-2 on the east to the point of intersection with the westerly prolongation of the northerly line of tax map lot number 63-1-2; thence' easterly along said prolongation through the lands of Niagara Mohawk Power Corporation to the northwest corner of tax map lot number 63-1-2; thence easterly along the northerly line of said lot number 63-1-2 to the point of intersection with the southwesterly line of lands of Niagara Mohawk Power Corporation, said lands being a portion of tax map lot number 62-1-2; thence southeasterly along the division line between lot number 63-1-2 on the southwest and ` lot number 62-1-2 on the northeast to the point of intersection with the westerly line of Country Club Road; thence northerly along the westerly line-of said Country Club Road to the point of intersection with the westerly prolongation of the northerly line of tax map lot number 61-1-21; thence easterly along said prolongation across Country Club Road to the northwest corner of tax map lot number 61-1-21; thence easterly and northerly along the northerly line of said lot number 61-1-21 to the northeast corner thereof, said point also being the northwest corner of tax map lot number 61-1-25.2; thence easterly along the northerly lines of tax map lot numbers 61-1-25.2 61-1-27.2, and 61-1-39.1 to the intersection with the westerly line of Bay Road; thence continuing easterly along the prolongation of the northerly line of tax map lot number 61-1-39.1 across Bay Road to the intersection with the easterly line of Bay Road; thence southerly along the easterly line of said Bay Road to the point of intersection with the northerly line of Cronin Road; thence easterly along the northerly line of said Cronin Road to the center of Halfway Brook, said point being the southwesterly corner of tax map lot number 60-2-8; thence northeasterly along the center of Halfway Brook to the point of intersection with the westerly line of Meadowbrook Road; thence northerly along the westerly line of said Meadowbrook Road to the point of intersection with the westerly prolongation of the northerly line of tax map lot number 46-2-7.2; thence easterly along said prolongation across Meadowbrook Road to the northwest corner of said lot number 46-2-7.2; thence continuing easterly along the northerly line of said lot number 157 46-2-7.2 to the northeast corner thereof; thence southerly along the easterly lines of tax map lot numbers 46-2-7.2 and 46-2-7.1 to the center of the above mentioned Halfway Brook, said point being in the northerly line of tax map lot number 46-2-9.5; thence easterly along the northerly line of said lot number 46-2-9.5 to the northeast corner thereof; thence southerly along the easterly lines of tax map lot numbers 46-2-9.5 and 46-2-9. 1 to the point of intersection with the northerly line of tax map lot number 46-2-16; thence northeasterly along the northerly lines of tax map lot numbers 46-2-16, 46-2-17, 46-2-18, 46-2-19.1, 46-2-19.2,46- 2-20.2 and 46-2-20.1 to the northeast corner of tax map lot number 46-2-20. 1; thence southeasterly along the easterly line of said lot number 46-2-20. 1 to the point of intersection with the northerly line of Cronin Road; 11 thence continuing southeasterly along the prolongation of the easterly line of said lot number 46-2-20.1 across Cronin Road to the intersection with the southerly line of said Cronin Road; thence southwesterly along the southerly line of said Cronin Road to the point of intersection with L the easterly line of tax map lot number 59-3-1.24; thence southerly along the easterly lines of tax map lot numbers 59-3-1.24 and 59-3-1.25 to an angle point, said point also being the southwest corner of tax map lot number 59-3-10; thence easterly along the division line between said lot number 59-3-10 on the north and lots numbers 59-3-1.25 and 59-3-1.21 on the south to the northeast corner of tax map lot number 59-3-1.21; thence southwesterly along the easterly line of said lot number 59-3-1.21 to the point of intersection with the northerly line of tax map lot number 58-2-3; thence southeasterly along said northerly line of lot number 58-2-3 to the westerly line of Meadow Drive; thence continuing southeasterly along along the prolongation of the northerly line of lot number 58-2-3 to the point of intersection with the easterly line of said Meadow Drive; thence northeasterly along the easterly line of said Meadow Drive to the northwest corner of tax map lot number 58-3-12; thence southeasterly the northerly line of said lot number 58-3-12 to the point of intersection with the westerly line of tax map lot number 58-3-7; thence northeasterly along said westerly line of tax map lot number 58-3-7 to the northwest corner thereof; thence southeasterly along the northerly line of said lot number 58-3-7 to the point of intersection with the westerly line of Meadow View Drive; thence continuing southeasterly along the prolongation �i of the said northerly line of lot number 58-3-7 to the easterly line ' i of Meadow View Drive; thence northerly along the said easterly line of Meadow View Drive to the northwest corner of tax map lot number 58-4-13; thence southeasterly along the northerly line of said lot number 58-4-13 to the northeast corner thereof, said point being in the westerly line of tax map lot number 58-4-8; thence northeasterly along the westerly line of said tax map lot number 58-4-8 to the northwest corner thereof; thence southeasterly along the northerly line of said lot number 58-4-8 to the point of intersection with the westerly line of Ridge Road; thence southwesterly along the westerly line of said Ridge Road to the point of intersection with the westerly prolongation of the northerly line of tax map lot number 109-1-1; thence southeasterly along said prolongation to the easterly line of Ridge Road, said point being the northwest corner of said lot number 109-1-1; thence southeasterly along the northerly lines of tax map lot numbers 109-1-1, part of 109-3-2.1, and 109-3-2.2 to the northeast corner of tax map lot number 109-3-2.2; thence southwesterly along the easterly line of said lot number 109-3-2.2 to the southeast corner thereof, said point being in the northerly line of tax map lot number 109-3-28.1; thence easterly along the northerly line of said lot number 109-3-28.1 to the northeast corner thereof; thence southerly along the easterly line of said lot number 109-3-28. 1 to the southeast corner thereof; thence westerly along the southerly line of said lot number 109-3-28.1 to the point of intersection with the northeasterly line of Quaker Road; thence continuing westerly across Quaker Road along the prolongation of the said southerly line of lot number 109-3-28. 1 to the southwesterly line of Quaker Road; thence continuing westerly along said prolongation to the northeast corner of tax map lot number 109-3-26.1; thence southerly along the easterly line of said lot number 109-3-26. 1 to the southeast corner thereof; thence westerly along the southerly line of said lot number 109-3-26.1 to the point of intersection with the easterly line of tax map lot number 109-3-21.5; thence southerly along the easterly line of said lot number 109-3-21.5 to the point of intersection with the northerly line of tax map lot number 109-2-2; ;thence westerly along the northerly lines of the tax map lot numbers 109-2-2 and 109-2-1 to the northeast corner of tax map lot number 109-3-16; thence southwesterly along the easterly line of said tax map lot number 109-3-16 158 to the point of intersection with the northerly line of the City of Glens Falls; thence westerly along the northerly line the said City of Glens Falls to the point and place of beginning. RESOLUTION TO TRANSFER FUNDS RESOLUTION N0. 134, Introduced by Mrs. Betty Monahan who moved for its adoption and seconded by Mr. George Kurosaka. RESOLVED, to transfer $450.00 from A1051410.100 as follows $300.00 to A1451620.200 and $150.00 to A1451620.446 for new cash register for Town Clerk's Office. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE LOCAL LAW RESERVING LAND OR MONEY IN LIEU THEREOF AS A CONDITION PRECEDENT TO SITE PLAN APPROVAL RESOLUTION NO. 135, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury wishes to reserve land or money in lieu thereof, for recreation and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on April 29, 1986 at 7:30 P.M. at the Queensbury Town Offcie Building at which time all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that a local law entitled "A LOCAL I.AW PROVIDING FOR THE RESERVATION OF RECREATION AREAS OR MONEY IN LIEU THEREOF AS A CONDITION PRECEDENT TO SITE PLAN APPROVAL" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mrs. Walter Nom: Mr. Borgos Abstain: Mr. Kurosaka Absent: None Local Law No. 6. of 1986 A Local Law providing for the Reservation of Recreation Areas or Money In Lieu Thereof as a Condition Precedent to Site Plan Approval Section 1. Legislative Intent. It is the purpose of this section to require developers of multiple family dwelling units to reserve recreation areas or money in lieu thereof as a condition precedent to site plan approval in order to provide the people of the Town of Queensbury with certain planned neighborhood recreational areas, and to preserve open space for that time when the Town may be largely developed. The term multiple family dwelling shall have the definition set forth in Section 2.020 (a) (73) of the Town of Queensbury Zoning Ordinance. The term term recreational areas for purposes of this local law shall have the same definition as "open space recreation use" set forth in Section 2.020 (a) (79) of the Town of Queensbury Zoning Ordinance except that it shall also include land used for conservation purposes. The list provided for in Section 2.020 (a) (79) is not exclusive and other similar uses shall be permitted at the Planning Board's discretion. Section 2. Authority. This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law of the State 159 of New York. Section 3. The developer of a multiple family dwelling unit, hereinafter referred to as developer, proposing land dedication shall file with the Planning Board a site plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the developer on the basis of at least 1000 sq. feet per lot, but in no case shall the amount be more than 10% of the total area of the development. Such area or areas may be dedicated to the Town by the developer if the Town Board approves such dedication. All lands designated on the site plan as park, playground, or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for their intended purposes. Such conditions shall be shown on the site plan prior to site plan approval and recording. The Planning Board shall consider the following in determining the suitability of the reserved land for recreational purposes: 1. The size and shape of the reserved land. 2. Whether the land is usable land, which for purposes of these regulations shall be taken to mean land that is relatively level and dry. 3. The location of the reserved land, ie. whether the land IS: a. located in an area which is heavily populated b. near other recreation areas c. near other recreation areas providing the same type of recreation = d. in a location which will provide a safe and accessible recreation area for Town residents. Section 4. When requested by the developer, or in cases where the Planning Board finds that due to the size, shape, topography or location of the development, land for park, playground or other recreation purpose cannot be properly located therein, the Board may waive the requirement that the site plan show land for such purposes. The Board shall then require as condition of approval of the site plan a payment of recreation fees in lieu of land, in an amount equal to $250.00 per dwelling unit. Such amount shall be paid to the Town Board at the time of final site plan approval and no site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for : 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the Town's residential neighborhoods, and 2. The improvement of new or existing park, playground and open space lands which serve the Town's residential neighborhoods. In any case the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for ` other than recreation purposes. Section 5. Nothing in this section will be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. Section 6. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof requirements. Section 7. This local law shall take effect immediately. SUPERVISOR WALTER- Stated that the way this law is written there are 160 some changes we are dealing in Section 3 with at least a 1000 sq. feet per lot but in no case will not be more than 10% of the total area of the development. In Section 4 it is requested by the developer in cases where the Planning Board would find that the size, shape, topography or location of the development that the land of the recreation purpose cannot be properly located that the Town would waive that requirement and then require a fee in lieu of in the amount equal to $250.00 per dwelling. COUNCILMAN BORGOS - Stated that the dollar amount looks better than at first, and after listening to all the comments he still believed that the Town should not be in the business of taking any recreation fees from developers under these conditions. It appears to be legal but I do not think it is right. Stated that he was bothered by it because if the intent is to create a fund to buy land for recreation use later, for use by everybody, the money should come as in the school vote from the taxpayers, or from other sources, such as when the Town sells a piece of property. If we have in a good year a 100 homes built, we are looking at $25,000.00, stated that it was not going to buy anything but is causing some frustrations, aggravations and some problems for the developers. During the course of these discussions we have had developers come forward to say that they are willing to give chunks of land from time to time, or some stream land, fishing access rights all kinds of things that the Town is looking for, without doing anything for it. To say that if the Town is going to take this money from subdivision developers, family dwelling developers then we are going to have to say that we are going to have to take it from commercial developers. Once that is started we are going to start imposing some restriction on co:mitercial developers we are looking for. Checked with the school as far as the potential burden on the school system, fortunately for the budget this year the school provided a school census summary for the last ten years. Queensbury School district shows a decrease of over 300 students in the last ten years so they are down 10%. With the creation of the new recreation fund of $374,000.00 passed the other night, the school has shown its intent to create and generate more recreation use at the school. Stated that he would like to see the Town dealing with the school under some kind of a lease agreement and also to see the Town continue to acquire land from time to time as we did recently next to Gurney Lane at a reasonable price. -- COUNCILMAN KUROSAKA -Noted he would abstain. COUNCILMAN MONAHAN - Noted that perhaps some of the elderly people in our town that are going to pay school taxes on those increased services for the school don't feel that they should be burdened with that when they are not sending children there. Unfortunately in this life we cannot draw a straight line and make everything even for every person, we each assume certain responsibilities and we all do not assume the same responsibilities and this is just one way to help solve a problem to preserve some of our critical areas. Noted that it would not raise enough money to do the whole shot and was not intended to be that way. It is a part way of accomplishing it and part of it will have to come from general tax revenue or other methods. . . RESOLUTION TO AMEND QUEENSBURY SUBDIVISION REGULATIONS RESOLUTION NO.136, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Queensbury Town Board requested an amendment to the Queensbury Subdivision Regulations, regarding Recreation Fees, and WHEREAS, the Queensbury Town Board set a public hearing on April 29, 1986 at 7:30 P.M. on the proposed amendment to the Queensbury Subdivision . Regulations, and WHEREAS, the Public Hearing was held at the specified time and place and all interested parties were heard on the proposed amendment to the Queensbury Subdivision Regulations, NOW, THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Subdivision Regulations: 151 Section 10. PARKS, OPEN SPACES AND NATURAL FEATURES Purposes. The purpose of this section is to provide an equitable and effective development standard for securing adequate land for parks, playgrounds and open space recreation uses in major subdivisions throughout the Town of Queensbury. The term open space recreation uses shall have the definition set forth in Section 2.020 (a) (79) of the Town of Queensbury Zoning Ordinance except that it shall also include land used for conservation purposes. The list provided- in Section 2.020 (a) (79) is not exclusive and other similar uses shall be permitted at the Planning Board's discretion. The methods of effecting uch g purpose are: land dedication as set forth in paragraph A hereof or fee in lieu of land as set forth in paragraph ,L B hereof. A. The Subdivider proposing land dedication shall file with the Planning Board a plat detailing the sites for the development of a park, playground or otherrecreational facility. Recreation space shall be provided by the subdivider on the basis of at least 1000 sq. feet per lot, but in no case shall the amount be more than 10% of the total area of the subdivision. Such areas or areas may be dedicated to the Town by the developer if the Town Board approves such dedication. All lands designated on the plat as park, playground, or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for their intended purposes. Such conditions shall be shown on the plat- prior to plat approval and recording. The Planning Board shall consider the following in determining the suitability of`the reserved land for recreational purposes: 1. The size and shape of the reserved land. 2. Whether the land is usable land, which for purposes of these regulations shall be taken to mean land that is relatively level and dry. r �— 3. The location of the reserved land, ie. whether the land is: a. located in an area which is heavily populated b. near other recreation areas c. near other recreation areas providing the same type of recreation. d. in a location which will provide a safe and accessible recreation area for Town residents. B. When requested by the subdivider, or in cases where the Planning Board finds that due to the size, shape, topography or location of the subdivision, land for park, playground or other recreation purpose cannot be properly located therein, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as condition of approval of the plat a payment of recreation fees in lieu of land, in an amount equal to $250.00 per lot. Such amount shall ' be paid to the Town Board at the time of final plat approval and no plat shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for: 1. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the Town's residential neighborhoods, and 2. The improvement of new or existing park, playground and 162 open space lands which serve the Town's residential neighborhoods. In any case the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreation purposes. C. Nothing in this section will be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. D. The Planning Board shall not at any time authorize the waiver of both the land dedication and fee in lieu thereof requirements. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: Mr. Borgos Abstain: Mr. Kurosaka Absent: None SUPERVISOR WALTER - Stated that the changes in the amended subdivision were made after the public hearing by the board . COUNCILMAN BORGOS - Stated ditto to what he had said the first time. The entire board regardless of how we are voting is in favor of recreation, we like open space. The issue here is how to finance the purchase any capital construction of any additional recreational facilities. I still don't believe that this is the way to do it, that is what I am voting against. I am not voting against recreation or any of those other things and I would like to take a minute to encourage my colleague to the right not to abstain at this time but to vote. I understand that his concern of potential conflict of interest and I do understand what he must be going through but everybody knows that George from time to time works for two of the major developers in town,so I don't think his job would be threatened if he votes one way or the other on this. I would prefer ",�-• to see him vote if at all possible, I understand why he is resisting. COUNCILMAN KUROSAKA - I am careful about conflict of interest. Stated that the worse thing a public servant can do is be criticized for conflict of interest and tries to keep his hands clean. Noted that he would discuss but would not vote. SUPERVISOR WALTER - Stated that the Town Board held two public hearings on this subject and on each case reduced what they had set. There has been some compromising and as Mr. Borgos indicated, the Board is interested, and extremely concerned about the open space in the Town of Queensbury being devoured. Noted that with development no matter what kind, comes its problems, it's congestion problems, its budgetary problems and I think that the Town Board's obligation is to address those things and I just merely make the comment we have talked a lot and there is a great deal of compromise. RESOLUTION AUTHORIZING ACCEPTANCE OF DEED FOR LUZERNE ROAD HIGHWAY PROJECT AND EASEMENT FOR SLOPE CONTROL RESOLUTION NO. 137, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Ronald Montesi: 3 WHEREAS, The Town of Queensbury Highway Superintendent has recommended that the Luzerne Road approximately 270 feet east of Pinewood Road be modified in accordance with the map annexed hereto, and WHEREAS, Maurice B. 'Lebowitz and others are the owners of the land described in said map, and WHEREAS, Maurice B. Lebowitz has offered to convey the property described in the map to the Town for highway purposes and to permit certain excavation for slope control on lands adjacent to the Luzerne Road, and WHEREAS, the consideration for such deed and easement is the removal and delivery of all fill material from the described lands by the Town to remaining portion of lands of said Maurice B. Lebowitz, and WHEREAS, the Town Board finds such consideration fair and adequate and less than the costs of condemning such property for public purposes, NOW THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby accepts the deed for highway ` purposes for the consideration hereinbefore set forth and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute an easement agreement for slope control on lands adjacent to Luzerne Road owned by Maurice B. Leobowitz, et al. (map on file) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER- Stated that there would be no action taken on the Public Hearing regarding the Sherman Avenue Water Extension Number 1. COMMUNICATIONS -Ltr. Town of Queensbury Republican Committee-recommended Mrs. Elizabeth Little of Blackberry Lane to fill the vacancy on the Warren County Board of Supervisors. . . -Ltr. Queensbury Democratic Committee recommendation of James Warren Ingalls, Jr. to fill the vacancy on the Warren County Board of Supervisor . . .on file. . . RESOLUTION FILLING VACANCY ON WARREN COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 138, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS,, a vacancy exists on the Warren County Board of Supervisors due to the untimely death of Mr. Thomas Murphy, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mrs. Elizabeth Little of Blackberry Lane, Queensubry to fill the vacancy on Warren County Board of Supervisors term to expire on December 31, 1986 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr.Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None } SUPERVISOR WALTER - Commended Elizabeth Little for the work she has done on the Recreation Commission and noted that she has done a wonderful job as chairman of that commission. Requested that Mrs. Little stay on as the chairman of that committee.Also addressed Mr. Ingles that the letter came very late from the Democratic Committee. Also noted that Mr. Ingalls does have some very good credentials. DISCUSSION- Held by the Board Members, noting the credentials of the two candidates for the position of Warren County Supervisor. . . 164 - Petition received from residents on Pasco Avenue regarding the water in their area. Stating that some of these residents are experiencing difficulty obtaining water at the normal water level. COUNCILMAN KUROSAKA - Noted that the earliest this particular project could be put on the schedule would be first thing next spring. COUNCILMAN BORGOS - Asked if this was an emergency situation or were they just running low. SUPERVISOR WALTER - Stated that the residents indicated that they have a problem with the water level. Noted that they have been carrying water but they have also been carrying it for the last year or so. Stated that it is a problem, not an immediate one but one that will certainly have to be addressed. Stated that they had a meeting of the Water Committee yesterday, that is Mr. George Kurosaka, and herself and they reviewed the capital project schedule. COUNCILMAN BORGOS - Asked if an outside contractor could be brought in if the Town of Queensbury crew is tied up. COUNCILMAN KUROSAKA - Stated that in a case of emergency they could. LINDA SCHOR - 14 Oakwood Drive - presented a petition from the residents of Oakwood Drive,"We the residents of Oakwood Drive, feel there should be signs at the corner of Oakwood Drive where it meets with Montray Road stating: SLOW. . .CHILDREN AT PLAY. and another sign stating CAUTION. .SHARP CURVE AHEAD. there should also be similar sign at the corner of Oakwood Drive where it meets with Wincrest Road.' COUNCILMAN MONAHAN - Stated that under DOT Law there are only certain signs that Mr. Naylor can put up. Noted that she had attended a seminar on this subject on which the gentlemen of the DOT Department cautioned the towns that they must stay legal within the signs or they will have a liability problem. SUPERVISOR WALTER - Noted that because of the petition she would have Mr. Naylor study the situation. . . noted also that Mr. Naylor will not place Children at Play signs in the Town of Queensbury because they are illegal. . . COUNCILMAN MONTESI - Noted that the trash pickup was finished and commented Mr.Naylor on what a great job was done. REPORTS - The Town Clerk's Monthly Report - April, 1986 or file -The Building and Zoning Report - April, 1986 on file RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 139, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that Audit of Bills as appears on May 13, 1986 Abstract and numbered 1070 through 1377 and totaling $211,523.64 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 165 RESOLUTION AUTHORIZING WATER SERVICE RESOLUTION N0.1402 Introduced by Mr. Stephen Borgos who moved for its adoption, Seconded by Mr. Ronald Montesi. WHEREAS, the Town Board has received a request for water service from outside any existing water district, and WHEREAS, the Town Board has determined that the water supply is ample to provide water service and that the distribution is currently available at this location, NOW THEREFORE BE IT RESOLVED, that the Water Superintendent is hereby authorized to provide water service at rates set for "outside district" to: Don Chamberlain of 22 Crossing Road. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY SUBMITTED, DARLEEN DOUGHER, TOWN CLERK a �