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1985-10-08 TOWN BOARD MEETING OCTOBER 8, 1985 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PRESS: G.F. Post Star, WBZA, WWSC GUESTS: Mr. Mike O'Connor, Mr. Daniel Drellos, Mr. George Drellos, Mrs. Rivers, Mr. William Smith, Mr. Leon Petit, Mr. Carl Barber, Jim Coccia, Mr. George Kurosaka, Mr. Erwin Funk, Mr. Staunches, Mrs. Margaret Springer, Mr. Palangi, Mr. Phil Kemp, Mrs. Rivers, Linda Winkoop, Mr. Robert Bowman, Mr. Singer TOWN OFFICIALS: Mr. Paul Naylor PLEDGE OF ALLEGIANCE LED BY SUPERVISOR WALTER PUBLIC HEARING ZONING AMENDMENT- Notice Shown Hearing Opened 7:39 P.M. SUPERVISOR WALTER-The subject of the Public Hearing is a Zoning Amendment, we have been asked to rezone parcels of land in the Town of Queensbury from a Light Industrial LI 1A to LI-AMH and to amend the definition of a mobile home park. MR. MIKE O'CONNOR-Attorney-Representing Mr. Daniel and George Drellos owners of proposed mobile home park...Questioned that the Town advertised for more than they intended to actually rezone, questioned the parcel belonging to Niagara Mohawk, noting that not all of that property should be included in the rezoning...presented the Town Board with a description drawn up by Leon Steves of the area that they would like to see rezoned. Presented to the Town Board a map outlined in yellow the proposed rezoning area...I do not think that the Town wishes to go any further north than what would be a good common boundary line... COUNCILMAN EISNEHART-Questioned why all the Niagara Mohawk Property should not be included? MR. MIKE O'CONNOR-I presume that you would like to have a buffer zone between that and the area on Sherman Avenue. Described the area, used photos of the area presenting them to the Town Board...this area is unique in that it has its own natural buffer, with the change in elevation and heavy foliage on the east you have the northway as a natural boundary on the west by including the area that the Town Planning Board suggested you included the Homestead Trl. Park...we have proposed • reclassification of the land, in the Town of Queensbury there is no area in which • mobile home park is a permitted use, we have mobile homes by non-conforming or proven hardship in an individual mobile home case. When we proposed the change we did not propose to eliminate any particular use that is already permitted on this land. All we are doing is-giving them additional option in addition to LA usages that they could currently use, they now may if this is passed do an additional use which is an mobile home park. With the proposed reclassification, we have suggested some use regulations, which will regulate mobile home parks in this zone. The regulations are more stringent then what was in existence for any existing mobile home, we are talking about a larger lot size, larger entrance road, set back or buffer from each lot, a mandatory buffer from any Town Road, 150' from Luzerne Road, we put in requirements that they will have in house regulations that are approved by the Town Board which would be submitted with a subsequent application. If the Board reclassifies this land tonight that does not mean tomorrow we can start a mobile home park, we then have permission to make application for a mobile home park and the way I understand we will have two applciations, 1. to the Planning Board, site plan review and 2. to the Town Board for a mobile home park permit. I have contacted Niagara Mohawk, Mr. Lewis Cacciotti, Right of Way Agent, he on behalf of the company, has taken the position that they have no objection to the rezoning of their parcel. Submitted to the Board an appraisal of the property by Beaty Real estate, an opinion from Mr. Beaty that the highest and best use of u42 this.property is for the development of a mobile home court. There are some problems that support our project, the existing zoning is light industrial, but really it is not a parcel of land that in our day and time would ever be developed.as light industrial because of limit access to it, it is near the Northway but not on an exit, if you were to approach this you would have to go thru the narrow small streets from Corinth Road or go back to the other side of the Northway by the Cemetery and come across and then come west on Luzerne Road. It does not lend itself to any heavy industrial traffic, or heavy duty industrial traffic. Noted that the Town and County Planning Board approved of this proposal... MR. WILLIAM SMITH-Cor. Rhode Island Avenue and Luzerne Road-Presented the Town Board with a petition from residents of the area in opposition to any amendment to allow mobile home parks...We will have density problems an increase in traffic, it creates a lot of problems for the neighborhood...I can understand a need for a place for low cost housing, if the Town has to do something like this I feel it should be done in an area that it not already developed. I built my home ten years ago and I would have not built there if I knew there was going to be a mobile home park across the road...Regarding limited access, that is not true AMT Industries is right down the road, Mr. Monahan from AMT Industries, he said he has had no problems getting in and out of the area...When you try and place a mobile home park in a developed area the people are very upset, it does change the area a great deal, we have seen this with Homestead Park. We have seen what a mobile home park does to an area and we are opposed to it. We have zoning laws to protect us against something like this, this is what the zoning laws are for, we do not want a change. LEON PETIT-10 Homestead Village-We know what Homestead Village is and what kind of atmosphere is down there, the place is not kept up, there are rules and regulations but no enforcement...they should put their foot down, if you can't take care of your home, your area picked up, keep you dog chained then get out...as far as the mobile home park that Dan and George Drellos are proposing I believe that these owners would not put up with the garbage that the Potvins put up with. Look at Sanitary Sewer Service look at their equipment that will tell you how the mobile home park would look...If they were to build a mobile home park I would be the first one to get out of Homestead Village and there would be a long line getting out of there. CARL BARBER-12 Lupine Lane-Who maintains Homestead Trl. Park? MR. PETIT-Mr. Potvin... i CARL BARBER-Does he have anything to do with the proposal for a new park? MR. MIKE O'CONNOR-No. MR. MIKE LOPEZ-Stevens Road-I used to live in Homestead Village...there is a need for another mobile home park...there needs to be special regulations...the whole thing should be done before one mobile home moves in. MR. JIM COCCIA-I lived in this area for 14 years before I moved this year? Isn't Lake Zoli there now? Are we talking about placing this where the pond presently exists? MR. MIKE O'CONNOR-The Mobile Home Park is not on the pond parcel, but the area to be rezoned would include the pond parcel... MR. SMITH-How much property is going to be left after Drello's puts his mobile home park in, how many more times will we have to go through this same thing, where are we going to go next to rezone. If we are going to rezone, why don't we do it in an area where it is totally undeveloped because mobile home parks are a sore spot with anybody. The Zoning Laws are here to protect the people of the area, lets leave it the way it is. TOWN COUNSEL-The Town is required to make an area, a zone for mobile home parks, that is not true I do not think, that is not necessarily a use that is guaranteed for property throughout New York State...There is some requirements that the Town provide places for individual mobile homes, we are talking about two different things, this particular rezoning would authori,e, a mobile home park within this area. SHIRLEY RIVERS-Vermont Avenue-What happens to the rest of Zoli Pond, Drellos' are already filling it in with sewage and trees of all kinds, all the fish are no longer �43 eatable. MR. O'CONNOR-The only way to that land is going to be reclaimed is by filling it in, the pond was created when the Northway was put in...with long term filling in it might become useful, right now it is an unusuable parcel of land. The pond is not spring fed, as I understand it, it is ground water... SHIRELY RIVERS-Our water table before they started filling it in was at 14 foot at my house, once they started filling it in we lost our water, that is why we hooked onto the Town, the whole street had a problem. GEORGE KUROSAKA-Live in Fourth Ward-Lake Zoli was made by Torrington Const. during the construction of the Northway, he hauled fill out of there, when he dug the whole the water table rose up and he pumped water out of that for dust control and to mix cement...it is not spring fed...Homestead Trl. park was originally developed by Chris Drellos, I did the planning and development, back in those days they did not require that much, a dirt road, lots and septic tanks and you were in business and run water lines...1967....now you have regulations and more I hope. Will you have a public heairng on the mobile home park regulations? SUPERVISOR WALTER-Yes. GEORGE KUROSAKA-The original Homestead Trl. Park was put up by Chris Drellos and was a clean operation, since then it has been transferred three times...Why in the fourth Ward...no one in the fourth ward is on any of the board's that make there decisions... SUPERVISOR WALTER-All they need to do is apply, we #re always looking for applicants... COUNCILMAN MONAHAN-Even before the Wards we would have liked to see all the areas of the Town represented, but if people do not apply, then we cannot do much about it. EARL FUNK-17 Twicwood Lane-I lived in a mobile home court in Florida and there seems to be quite a difference between the courts in Florida and here. There sounds like there are not enough restrictions. It does not seem to make sense to make a zoning variance for a very large area without having the restrictions to start with so that people know what is going on. I am opposed to a large rezoned area, I would like to see better restrictions... JENNIE STAUNCHES-Ohio Avenue-When the trailer court does come in what are they going to do about the schooling ect. our taxes are going up but our value is going down on our property. I am against trailer completely, I do not think it is right that they should turn our whole area ...to a stinking trailer court. DOROTHY WEBSTER-Sherman Avenue-Where are the access roads to this area? MR. O'CONNOR-There is an entrance on Luzerne Road...the road way would have to be in the zone for a park, we could not run a private driveway road thru property that is not zoned for a park. Reviewed their proposed mobile home court rules... They will set a standard, we have no plan at this point to develop this and sell it off. SUPERVISOR WALTER-We are also discussing existing mobile home parks, there is a yearly charge for mobile home parks we will be able to get a handle on the way those are operated. The Planning and Town Board are trying to look at the overall picture of mobile homes but we have to realize that consitutionally we do have to have a place that they can go in the Town and we are trying to address that question also. COUNCILMAN MONAHAN-If it becomes a permitted use under the change in zoning in those zoning regulations would be the type of restructions that have been mentioned here tonight and they would follow the mobile home park regardless of who the owner was, penalties would have to be written into the ordinance. GLEN GREGORY-Luzerne Road-1. I hope that Danny and his brother get the park, it is something that we need and need badly in the area, it is not big enough, the demand is more than they have room for. 2. I will be the first to admit that in the past Homestead Village has been a problem but I know Mr. Potvin very well in the past three years he has been cleaning it up he is trying to make it a better park...Mr. Drellos will run a Class A Park...as far as Mr. Kurosaka saying why ward 244 4, why not ward 4. ....mobile homes are established in W.F.G. why move them to Queensbury Central or North Queensbury...you have them in one location, keep them in one location...with new codes and law the mobile homes will be upgraded in Homestead you must have a 1976 or newer to go in there. MR. TONY PALANGI-I would like to make the suggestion that since many of the residence in this area feel their property will not be as valuable as before by having mobile homes around them, I would like to suggest that in the restrictions you would include the value of a trailer. Mobile Homes are constructed almost like a house it has been a revolution in this area, some of the mobile homes do look like a house, I would suggest that in order to help the residences feel that there property will not be devaluated at a great rate is to establish in the restrictions a sq. footage the same as we do in our regular housing developments. MR. PHILIP KEMT-One of the owners of Mandigo's Northway - next door to Homestead-he —' said nothing new would be coming to anyone in that area, I have Homestead all the way down one side and I do not need another trailer park all the way down the other side of my property. I have enough problems with the one down one side...the --� second thing as far as taxes go, how many children are there in Homestead Trailer Park? They do not pay taxes to send their children to school, the people who own property in the area pay the taxes to send those children to school. When the new trailer park is put in how many children will be there, how much higher will our taxes go...I have never seen a well kept trailer park, they devaluate the property in the area and owners are paying higher taxes on land that is worth less. MR. SMITH-Lets set down the regulations before we do the rezoning... MR. MIKE LOPEZ-Suggested that the lot size be 100x100' it would give you more room on both sides... Mr. LEON PETIT-The gentlemen from Mandigo's stated that residents of the trailer park do not pay taxes, that is true but these people do pay lot rent to the owners of this property...if Northern Homes put in a Development we would not have this argument, Northern Homes are manufactured homes the same as a mobile home the only difference being that northern homes manufactured at their plant and put together on a site rather than a mobile home put together at a factor and brought to a site. I would like to see something of this nature go in there, as has been stated, by looking at the Drellos operation on Luzerne Road I do not think there is any question that it would be a Class A operation. MR. KUROSAKA-Mobile Homes and houses are manufactured under different standards... MRS. RIVERS-Questioned how Luzerne Road can handle much more traffic...? MR. RICHARD PHILLIPS-Sanders Road-If anyone has gone up by what use to be Mandigo's Auto Parts and knows what it used to look like they might take into account what it looks like now, he said he doesn't need sloppy trailer parks on either side, they do not run as neat an operation As Mandigo had when he ran it. I own a mobile home which is fairly new it has studs and walls just as a house would, I think it is built better than most of the houses on the State Streets...I hope they will build a nice park and keep it up like their building, I have seen their building on Luzerne Road for twenty years, it has always been clean and neat. They should be allowed to have something there clean and neat to give people who want a good place to go and be happy and have pride in it. LINDA WINCOOP-25 ARBUTUS DRIVE-How many acres are you proposing in this change? SUPERVISOR WALTER-The ad was for 45 Acres. Questioned the talk about another 50 acres? COUNCILMAN OLSON-Noted that there has ben some confusion regarding two seperate situations...one the proposed mobile home park of Drellos and the second being the proposal of the Planning Board of areas where person could purchase land and place mobile homes on it...a subdivision of mobile homes... a proposal for mobile home subdivision would be the same requirements as for a one family house... as proposed... LINDA WINCOOP-In Queensbury you have a hard time placing trailers in residential sections, if the mobile homes were built as well as a standard two or three family home why are there problems putting them next to those homes if they do not devaluate the property of those around them? MR. O'CONNOR-Spoke on the covenants of the deed in Mrs. Wincoop's area... MR. FUNK-All mobile home parks in Florida had to have two entrances, streets had to be wide enough for persons to Park on, there had to be parking for guests of the court, there had to be set backs for property lines, 10% of the property had to be left for recreation... COUNCILMAN OLSON-This Town Board recognizes and does recognize that we know there are problems in trailer parks, we are taking some action and we are working on the problems...we are looking at regulations and guide lines for mobile home parks and they will be passed on to the existing mobile home parks, they will have a time to up-grade their present situation. (� UNKNOWN-As a resident of the area I would like to see somethin g done with the existing mobile home courts before another mobile home park is allowed... MR. ROBERT BOWMAN-Luzerne Road-1. I was a friend of Skip Mandigo's and he spoke to me about missing parts, I am sure this will be worse...2. In Florida, a lot of people in parks buy their own lots. . .the reason people are living in trailers because they cannot come up with enough money to buy a house...I know for a fact that by the time they pay their lot rent and make their payment they are paying more than I do for a mortgage...I have several friends that live in trailer parks none of them are happy....we do not need any more mobile home parks in our area... SUPERVISOR WALTER-Asked for further comments, hearing none the Public Hearing was closed...9:12 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES AS CORRECTED RESOLUTION NO. ZZ7, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board Minutes of September 24th and September 30th 1985 be and hereby are approved, as corrected. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 228, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, to transfer $7,000. from A1655132.430 Highway Garage, Utilities to A1655132.200 Equipment for doors on highway garage. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 229, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, to transfer $7,000. from D1655130.441 to D1655130.440 and $3,000. from D1655130.441 to D1655110.440 due to excessive machinery breakdown and County striping. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None 24 RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 230, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, to transfer $3,800.00 from A2351990.0 Contingent to A215810.440 Zoning Contractual because of excessive court related legal fees. Duly adopted by the following vote:, Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION AUTHORIZING SALE OF ACCESS PINE VIEW CEMETERY PROPERTY RESOLUTION NO. 231, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Board of Cemetery Commissioners for the Town of Queensbury has determined that a 46 x 200 ft. parcel immediately adjoining the rear lot line of lands now o*t►ed by Regan & Denny Funeral Services, Inc., is not suitable for burial purposes, and WHEREAS, upon the recommendations of the said commission the Town Board hereby finds that such property is surplus town property, and WHEREAS, by Resolution No. 93 of 1985 adopted April 9, 1985 the Town Board granted its consent to expansion of the Regan & Denny Funeral Services, Inc., and WHEREAS, the said Regan & Denny Funeral Services, Inc., has offered the sum of $8,500.00 to purchase the 21 acre parcel described in the annexed survey description, and WHEREAS, the Town Board has obtained qualified real estate appraisal advice indicating the aforesaid offer exceeds the current fair market value of the property, NOW, THEREFORE BE IT 1 RESOLVED, that the Town Supervisor is hereby authorized to execute a deed, a copy of which is annexed upon receipt of the sum of $8,500.00 in cash or certified funds. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-A cut of these funds will be given to the Cemetery Fund approximately 10%. DISCUSSION HELD ON ZONING AMEMDMENTS-Councilman Eisenhart-I recognize that we must have provisions for mobile home parks, I would like to see the regulations before I pass on this...Town Counsel-noted that it would be questionable that the new regulations would apply to a rezoning done before the new mobile home regulations were in place. Councilman Morrell-Once the regulations are passed then the new zoning could be done, because the public hearing has already been held...(Board agreed to hear Mr. O'Connor) Mr. O'Connor-An alternative could make a motion j to rezoning effective at an XYZ date...Consensus of the Board not to accept this alternative...Mr. O'Connor-Another alternative, you also could approve a rezoning and then adopt a resolution before any mobile home park application are made h ave a moritorium on mobile home parks, that rests the rezoning z r the area and gives you the freedom to formulate the rules and regulations...Stg,,ervisor Walter-The reasons that you and your client wishes to have a new zone is to lout a mobile home park in, when he hears the new regulations maybe your client may change his mind... ...it is the consensus of the Board not to take action at this time ... REPORTS Building & Zoning-Month of September Town Clerk-Month of September X47 reports on file... COMMUNICATIONS ! -Ltr. D.O.T. - establishes stop control on Thistlewood Drive at Route 9L...on file SUPERVISOR WALTER-The Assessor would like to attend a one day seminar on the Appraisal of Residential Properties in Saratoga Springs November the 7th...he will receive three certification credits...there is a $50.00 fee which will be reimbursable by the State. RESOLUTION AUTHORIZING ATTENDANCE AT SEMINAR I , RESOLUTION NO. 232, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that permission is hereby granted to Mr. Harold LaRose, Town Assessor to attend a one day Seminar on Appraisal of Residential Properties held in Saratoga Springs on November 7th 1985, and be it further RESOLVED, that the Town Board authorizes all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-We have received a leter from APA, the Town has received 75% funding on their requested appropriation, $9,500.00...used for Planning Dept... DISCUSSION-ATV Law-It was the consensus of the Board to hold a public workshop session on October 22, 1985 after the regular Town Board Meeting which will start at 7:00 P.M, on the new ATV Proposed Local Law.....The Town Clerk's Office will have copies of the proposed local law... Councilman Monahan-requested that the Town Counsel write his opinion regarding registration of ATV's before the workshop meeting for the Town Board. SUPERVISOR WALTER-The Town Board wishes Mr. Paul Naylor a very Happy Birthday... COUNCILMAN MONAHAN-Noting that this is Fire Prevention Week, I would like to commend all the Volunteer Fire Companies for all the work that they do for us this year and every year. OPEN FORUM HIGHWAY SUPT. PAUL NAYLOR-Noted that the Town has been approached for use of equipment in the building of the new playground, questioned if there has been any change... TOWN COUNSEL-As I understand it, it is a private organization, they are not a municipality, you are not supposed to provide any kind of Town monies for a private organization, I do not think you can get around that by saying your are giving the use of equipment. COUNCILMAN OLSON-Noted the liability the Town would be facing if someone got hurt on equipment that was being illegally used... MR. CUTTER-How will the turn over in the Town Board affect the ATV regulations? SUPERVISOR WALTER-We will have a local law long before that. MR. SINGER-The recently purchased recreation land would make a great ATV park...you might want to consider that. COUNCILMAN MONAHAN-The Recreation Commission is having a meeting October 28th and part of the agenda is going to be on the park area. SUPERVISOR WALTER-The County has the ATV trails in their budget...we do not know if that will stay in the budget... MR. JIM COCCIA-..The acquisition of that property was never discussed at a public meeting, questioned the appraisal of the property... SUPERVISOR WALTER-The Town had indicated that we were looking to acquire additional recreation land and we said that while everyone was concentrating on Round Pond, we never indicated which parcel we were looking at... COUNCILMAN MORRELL-The property was appraised at $1500. per acre... COUNCILMAN EISENHART-We purchased the property at $1000. an acre... MR. TONY PALANGI-There is no way the Town could furnish the equipment and operators out of the Recreation Budget? TOWN COUNSEL-Again, the problem is the group that you are performing the service for which is a private entity... COUNCILMAN MONAHAN-We wanted to, but we can't commit an illegal act. SUPERVISOR WALTER-...we are not here to make decisions that are contrary to the law, I agree that it is an excellent community project, I said that I will proclaim that this week was Creative Playground Week which we did, many of the Town Board Members will be there, we are under constraints of the law which says you may not let your equipment out to a group that is not another government. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 233, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as appears on Abstract 85/10 and numbered 1796 through 2070 and totaling $181741.05 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter I Noes: Dr. Eisenhart Absent:None On motion the meeting was adjourned. Respectfully Submitted, Donald A. Chase, Town Clerk 3