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1985-06-04 1 3,8 TOWN BOARD MEETING JUNE 4, 1985 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman ABSENT Mr. Wilson Mathias-Town Counsel PRESS: G.F. Post Star, WBZA GUESTS: Mr. Charles Scudder, Mr. Miner, Mr. Clements TOWN OFFICIALS: Mr. Thomas Flaherty, Mr. Ralph VanDusen, Mr. Paul Naylor PUBLIC INFORMATION MEETING The proposed establishment of the Clendon Brook Water District... SUPERVISOR WALTER-The purpose of this meeting is to get information to the public relative to the proposed water district. Described the legal steps to establishing a Water District...Introd geed Mr. Charles Scudder, Consulting Engineer on the proposed Water District... MR. CHARLES SCUDDER-(using map of the proposed district)Described the boundaries of the proposed district...in general it takes up the space which is surrounded by the Land of Pines Water Dist. or: the north, the Sherman Avenue area of town, the Sherman Avenue Water Dist. on the east and the Qsby. Water Storage and Distribution to the southeast and the Consolidated Water District to the southwest. In otherwords it incorporates an area from West Mountain Road just south from Pitcher Road up to Sherman Avenue, out Sherman to the east to the vicinity of Stephanie Lane, VanDusen Road, Pitcher Road a portion of Bedford Close and properties along West Mountain Road. We propose a distribution system that will do a number of things, 1. strenghten the entire system hydraulically 2. it will offer reliable water sytem and fire protection to the people in the district ... We will install 31,000 linear feet of ductile iron pipe from 12" on Luzerne Road to Stephanie Lane, 5000 feet t of 8" pipe and the rest 6" pipe... On a preliminary basis we estimate the cost of the project to be $450 to 500 thousand dollars. Assuming that the capital cost would be paid in thirty years at 8% interest the uniform tax rate would be 9-10 dollars per thousand...The construction will be done by the Qsby. Water Dept...If all goes well in the administration procedures the project could be started in the early fall and completed in 1986. At the present time the Qsby. Water Dept. is strengthening the water system by completing a section of 16" main on West Mountain Road, its principal purpose to transmit water from the Treatment Plant to the northern parts of the consolidated water district, that main is from transmission of water at this time and the Clendon Brook Water Dist. would enable people to benefit from that directly, without the Clendon Brook Water Dist.'formation the West Mountain transmission main would be for the existing water dist... SUPERVISOR WALTER-Recognized in the audience Mr. Thomas Flaherty, Water Supt. and Mr. Ralph VanDusen Deputy Water Supt. Asked for public input... MR. MINER-Mr. Scudder, how will this strenghten the existing water district? MR. SCUDDER-I was talking in terms of the hydraulic transmission of water, the water is taken from the Hudson River along the Corinth Road just southwesterly from West Mountain Road (Park Lap) from there the water is transmitted into the entire system...there is an existing network of pipes going all around the proposed area ...in order to move the water more effectively back and forth and to take advantage of storage in other parts of the Town it seems obvious that this will strenghten the system... MR. HARVEY-The line does not at present go all the way on West Mountian Road? MR. SCUDDER-That is right... `T UNKNOWN-I live on West Mountain between Sherman and Luzerne...already hooked up to water but paying a surcharge for the water, questioned if when the district was formed would the surcharge be dropped and those paying the surcharge be added to the district... SUPERVISOR WALTER-Yes... MR. FLAHERTY-Described the surcharge of those receiving water but not in a district...when the district is formed those paying the surcharge will be switched to the district tax... UNKNOWN-Questioned if Twin Mountain Drive and Lilac Lane would be in the Water Dist.? ti MR. SCUDDER-Yes MR. MICHELLUCCI-Questioned if any provisions have been made for emergency situations such as was done in the past with Civil Defense pipes... MR. SCUDDER-That was an emergency situation... MR. TROMBLEY-Noted he was running out of water, point 32' deep, seven years old... SUPERVISOR WALTER-We have talked about having some of the district completed and ready for water in the fall...we were looking at areas where there was the greatest problem... MR. SCUDDER-Luzerne Road and Clendon Ridge and where ever time will permit... MR. TROMBLEY-Which way would you be going? MR. SCUDDER-West to East... UNKNONWN-What is the earliest construction could be started? MR. SCUDDER- Early September... SUPERVISOR WALTER-After the Board takes action, there is a 45 day wait when the Board can do nothing, that gives the people in the district an opportunity, if they do not want the district to petition the board and then we would have to hold a referendum... MR. CLEMENTS-How many people have a problem like this gentleman has? SUPERVISOR WALTER-Noted that the Town Board received a petition from 106 residents requesting a water district... MR. CLEMENTS-If there are so many people with a problem then we need a water district but if there are not that many people then we do not need a water district for four of five people. I do not need the water... UNKNOWN-Noted he wanted the water district for the fire protection alone... MR. CLEMENTS-Will this mean that everyone in the district regardless of whether they need the water or not be under the taxation for it? SUPERVISOR WALTER-Yes...Once the district is created everyone in the district pays the tax... UNKNOWN-Noted that his well was 250' after the last earth quake he now draws �. some silt with the water... MR. MINER-In your opinion Mr. Scudder do you not feel that this is an eventuality? MR. SCUDDER-Yes... MR. CLEMENTS-I have no objection to the water dist. I just don't understand why I would have to pay when I do not use the Town Water... MR. SCUDDER-Noted that if Mr. Clements did not hook up he would not pay the user fee.... COUNCILMAN EISENHART-A piece of property in a water dist. would have enhanced value... COUNCILMAN MORRELL-Noted that as a district grows and the tax base increases the taxes are lowered... SUPERVISOR WALTER-The nine to ten dollars per thousand is a first year cost, what is unique about financing for these special districts that it is a decending tax rate... UNKNOWN-Are all the water district based on a thirty year payback? SUPERVISOR WALTER-Each one is different...depending on the interest rates at the time... MR. GREGORY-Spoke on the extra fire protection the resident would have with hydrants --' in the area... MR. SCUDDER-Our preliminary plans show three hydrants beween Laurel Lane and West Mountain Road...in Clendon Ridge itself there are four hydrants... UNKNOWN-Questioned the cost for the placement of Civil Defense emergency piping... MR. FLAHERTY-I do not have the figures here tonight... SUPERVISOR WALTER-The Map-Plan and Report will be presented to the Town Board next week Tuesday at this time the Board will set a public hearing for June 25, 1985.. MR. GREGORY-Will this district include April Lane etc. SUPERVISOR WALTER-Yes... Information Meeting Closed... DISCUSSION Discussion held on proposed Zoning Amendments... Members of the Queensbury Planning Board spoke to the Town Board in regard to the proposed changes... SECTION 7.011B Shoreline Fill/Hard Surfacing Councilman Eisenhart-questioned the wording of the proposed amendment...does this also cover acts other than nature such as repair of damage made by a vehicle? ...The Planning Board noted that they felt that any such repair would be covered under maintenance... SECTION 7.012 Construction on Slopes "except for approved existing subdivisions" Mr. Roberts-I believe that we felt that our review procedures for subdivision is through... Councilman Monahan-In old subdivisions it was not through...I think that we will have a problem with this...Councilman Morrell-We were comparing a house in a subdivision and another on Bay Road the topography is the same, I am exempt being in a subdivision that other house is not... Councilman Monahan-I am talking about a bad environmental impact, we are saying to an approved subdivision you have a right to make a bad impact on the environment but the guy over here doesn't... Supervisor Walter-Questioned No. 1. "any detached structure" does this have a size...? Mr. Roberts-That is an amendment to the ordinance and is covered under the definition of detached structure... Councilman Monahan-How did you arrive at the 15% of the slope? Mr. Roberts -this percentage was taken for the Lake George Ordinance and has worked in their ordinance... Supervisor Walter-The seven members of the Planning Board will not move from their position (leave in, approved existing subdivisions)... RESOLUTION TO UNTABLE RESOLUTION NO. 140, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED, that the Town Board hereby brings back onto the floor the proposed amendements to the Queensbury Zoning Ordinance, Sections 7.011B, Section 7.012 and Section 7.076. i Duly adopted by the following vote: Ayes; Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Nore RESOLUTION TO AMEND THE QUEENSBURY ZONING ORDINANCE RESOLUTION NO. 141 Introduced b y Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Queensbury Planning Board presented the Town Board with several amendments to the Queensbury Zoning Ordinance and WHEREAS, the Queensbury Town Board set a public hearing on May 14, 1985 at 7:30 P.M. on the proposed amendments to the Zoning Ordinance, and WHEREAS, the Public Hearing was held at the specified time and place and all interested parties were heard on the proposed amendments to the Queensbury Zoning Ordinance, and WHEREAS, certain amendments were tabled for further comments from the Planning Board, NOW, THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Zoning Ordinance: SECTION 7.011-B Shoreline Fill/Hard Surfacing No fill or hard surfacing shall be permitted within 50 feet of any lake, pond, river, stream or wetland except by Site Plan approval of the Planning Board, except that no review/approval shall be required for preventative maintenance or repair caused by erosion or other acts of nature. Private driveways crossing a stream are further exempted from this section provided, however, such driveways do not exceed 15 feet in width. The above exceptions shall not have construed to be relief from any other governmental agency having jurisdiction. Wetland areas will be determined by New York State Department of Environmental Conservation Wetlands maps, the Queensbury Planning Board and/or any governmental agency having jurisdiction. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE RESOLUTION NO. 14Z, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Queensbury Planning Board presented the Town Board with several amendments to the Queensbury Zoning Ordinance, and WHEREAS, the Queensbury Town Board set a public hearing on May 14, 1985 at 7:30 P.M. on the proposed amendments to the Zoning Ordinance, and WHEREAS, the Public Hearing was held at the specified time and place and all interested parties were heard on the proposed amendments to the Queensbury Zoning Ordinance and WHEREAS, certain amendments were tabled for further comments from the Planning Board, NOW, THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Zoning Ordinance: SECTION 7.01Z Construction on Slopes X42 A. Except for approved existing subdivisions, Site Plan Review shall be required for the following: 1. Any detached structure proposed to be constructed on any lot, parcel or site having a slope of 15% or more within a 50 foot radius of proposed location of said structure. a) Removal or excavation of 100 cu. yards or more from such site. 2. Proposed construction of a privately owned driveway, road or R.O.W. on a slope of 10% or more. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter Noes: Mr. Morrell, Mrs. Monahan Absent:None DISCUSSION Discussion held on Section 7.076 Frontage upon apublic street Mrs. Mann-questioned if the access had to be a hardsurface or just access such as a lawn...? comments made regarding access for emergency vehicles... 7.076-to be worded "The required frontage shall be 30 feet; The driveway cut to the public road shall be within the said 30 feet." RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE RESOLUTION NO. 143, Introduced by Dr. Charles Eisenhart who moved for its adoption, secoikd by Mr. Daniel Olson: WHEREAS, the Queensbury Town Board requested an amendement to the Queensbury Zoning Ordinance, and WHEREAS, the Queensbury Town Board set a public hearing on May 14, 1985 at 7:30 P.M. on the proposed amendment to the Zoning Ordinance, and WHREAS, the Public Hearing was held at the specified time and place and all interested parties were heard on the proposed amendments to the Queensbury Zoning Ordinance, and WHEREAS, certain amendments were tabled for further comments from the Planning Board, NOW, THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Zoning Ordinance: SECTION 7.076 Frontage upon a public street Change A to "The required frontage shall be 30 feet; the driveway cut to the public road shall be within the said 30 feet." Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION CALLING FOR EXECUTIVE. SESSION RESOLUTION NO. 144, Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Bo<�rd hereby moves into executive session to discuss personnel matters. • 143 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk RESOLUTION REQUESTING NEW YORK STATE LEGISLATIVE FOR ENACTMENT OF A SPECIAL LAW CONTINUING THE TOWN OF QUEENSBURY INDUSTRIAL DEVELOPMENT AGNECY RESOLUTION NO. 127, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the iBwn of Queensbury Industrial Development Agency was established by the New York State Legislature by Chapter 752 of the Laws of 1971, and WHEREAS, the Town Board of the Town of Queensbury wishes to extend and continue the Town of Queensbury Industrial Development Agency to June 25, 1995, and WHEREAS, a Home rule Request by the town is required prior to the passage of such local law by the New York State Legislature, and WHEREAS, the request of the Town Supervisor as Chief Executive Officer for such special law is concurred in by a majority of the members of the Town Board, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the Home Rule Request for enactment of a special law continuing the Town of Queensbury -- Industrial Development Agency, and it is further RESOLVED, that Donald A. Chase, Town Clerk, execute and seal the Clerk's Certificate for such Home Rule Request. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None