Loading...
Top of the World PUD Resolutions qJ WYem hi-.c- A3, 1 1 1 RESOLVED , THAT THE 'T(OWN BOARD OF THE TOWN OF QUEENSBURY WIL OLD A PUBLIC HEARING IN REGARD TO ORDINANCE No . 31 UNSAFE / CO LAPSED STRUCTURES THE NATHAN LETHBRIDGE DWELLING ON MINNESOTA A , NUE . THE PUBLIC HEARING TO BE HELD ON DECEMBER 14 , 1982 AT : 30 P . M. AND BE IT FURTHER RESOLVED , THAT THE TOWN CLERK LEGALLY ADVERTISE T. IS PUBLIC HEAPING. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. [ISENHART , MR. MDR' LL , MRS . MONAHAN , MRS, WALTER NOES : NONE ABSENT : NONE LTR. UNSAFE STRUCTURE - BALTIS PRU 'ERTY AVIATION ROAD. - RECOMMENDED THAT THE STRUCTURE BE REMOVED. . . ' D AREA BE CLEANED UP , SCRAP MATERIAL BE REMOVED. . . ( ON FILE ) RESOLUTION TO SET PUBLIC HEA ING ON UNSAFE STRUCTURE OJ ITT01: ^.••a�..3Z,:, INTROr CEO BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR DANIEL OLSON : WHEREAS, THE BUILDING AND ZONING DEPT . HAS BROUGHT IT TO THE ATTENTION OF THE QUEENSBURY TO BOARD THAT IN THEIR OPINION AN UNSAFE STRUCTURE EXISTS ON AVIATION 'D. , OWNER OF THE PROPERTY BEING A DONNA BALTIS , NOW , THEREFORE BE IT RESOLVED , THAT E TOWN POARD OF THE TON OF QUEENSBURY WILL HOLD A PUBLIC HEARING IN REGARD TO ORDINANCE NO. 31 UNSAFE/COLLAPSED STRUCTURES OWNER OF PROPERTY DONNA BALTIS , THE HEARING TO BE ON DECEMBER 14 , 1982 AT 7 :30 P. M. AND BE IT FURTHER RESOLVED , HAT THE TOWN CLERK LEGALLY ADVERTISE THIS PUBLIC HEAPING. DULY AD''TED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ASSENT : NONE COUNCILMAN OLSON- NOTED THAT THE LOCAL REALIkSTATE AGENT HAS NOTED THAT HE WILL APPEAR BEFORE THE TOWN BOARD IN REGARD TO THIS PROPERTY . . . -TOP OF THE WORLD-PUD- -LTR. DEPT. OF HEALTH ( ON FILE ) THE DEPARTMENT IS REVIEWING PLANS FOR SWIMMING POOL , RESTAURANT , AND WATER SYSTEM -WARREN CO. PLANNING- ENDORSE CONCEPTUAL APPROVAL ( ON FILE ) DISCUSSION HELD- MR. DESANTIS , ATTORNEY FOR THE PROJECT-I WOULD LIKE TO CLARIFY OUR UNDERSTANDING OF THE PROCESS SHOULD THE TOWN BOARD GRANT ITS APPROVAL , FOR THE PUD. As I READ THE ORDINANCE/ THE PUD WOULD BE RECEIVING PRELIMINARY PLAT APPROVAL AT WHICH TIME THE TOWN WOULD BE IN EFFECT, WITH ITS OWN ORDINANCE/ REFERRING THE MATTER TO THE TOWN PLANNING BOARD. THE DEVELOPER WOULD HAVE SIX MONTHS FROM THIS EVENING/ IF WE WERE TO USE THIS DATE , WITHIN WHICH TO HAVE A FINAL PUD PLAT FILED IN THE WARREN COUNTY CLERK ' S OFFICE. PRIOR TO BEING ABLE TO DO THAT , THE TOWN PLANNING BOARD WOULD HAVE HAD TO GIVE ITS APPROVAL/ IN EFFECT GIVE THE BUILDING INSPECTOR THE AUTHORITY TO ISSUE BUILDING PERMITS AS TO/ AS WE HAVE DISCUSSED AT THE PUBLIC HEARING , AND AT OUR MEETINGS WITH THE PLANNING BOARD AND THE TOWN BOARD PHASE I OF THIS PARTICULAR PROJECT . THE ADDITIONAL ACTION OF THE TOWN BOARD/ DUE TO THE FACT THAT THIS PROPERTY IS WITHIN THE PARK AGENCY WOULD BE REFERRED TO THE PARK AGENCY ' S PLANNING COMMITTEE FOR REVIEW IN ESSENTIALLY THE SAME MANNER THAT YOU HAVE ALREADY REFERRED TO AS THE TUTHILL REZONING, TO THE PARK AGENCY. THEY WOULD HAVE TO/ IN EFFECT) STATE THAT THIS DOES NOT EXCEED THE APA LAND DENSITY REQUIREMENTS. THEN IT WOULD GO TO THE QUEENS BURY PLANNING BOARD AND ALL AT THE SAME TIME THE APA IS GIVING US A CLASS A PERMIT REVIEW . THAT PROCESS HAS ALREADY COMMEN.CEWHET<HHEEER APPLICATION IS IN THEIR HANDS. THEIR FIFTEEN DAY PERIOD TO TELL :USAOR NOT WE HAVE SUB- MITTED A COMPLETE APPLICATION IS NOW RUNNING AND THEY WILL SUBSEQUENT TO THAT TIMEJDECIDE WHETHER OR NOT TO HAVE A PUBLIC HEARING. BY YOUR ;® STATUTE A PUBLIC HEARING IS REQUIRED TO BE HELD BY THE PLANNING BOARD PRIOR TO T. 1EIR GIVING ANY APPROVAL EVEN TO PHASE I . ESSENTIALLY YOU ARE LOOKINAA CONCEPT AND AUTHORIZING THE PLANNING BOARD TO COMMENCE ITS REVIEW OF PHASE I WHICH CANNOT BEGIN UNTIL THE TOWN BOARD ESTABLISHES THE ZONE. THE ZONE DOES NOT ACTUALLY EXETS UNTIL THIS WHOLE PROCESS IS COMPLETE AND A MAP IS FILED IN THE WARREN CO. CLERK ' S OFFICE, THAOIS WHEN THE CHANGES REALLY TAKES PLACE. You ARE STARTING THE ABILITY TO HAVE THE REVIEW IF YOU GIVE THE APPROVAL BUT YOU ARE NOT CHANGING THE ZONE IN STARTING THAT REVIEW , AT LEAST THAT IS MY UNDERSTANDING OF THE PROCESS AND THE READING OF THE ZONING ORDINANCE. SUPERVISOR WALTER- I HAVE A QUESTION , AS FAR AS SUBMITTING TO THE PARK AGENCY MR. CHASE HAS IN HIS FOLDER A NOTIFICATION TO THE TOWN THAT THEY .-1 HAVE RECEIVED A PRELIMINARY APPLICATION . . . MR. DESANTIS- WE DID NOT PREPARE THAT NOTIFICATION , PHASE I IS 46 UNITS AND I THINK THERE IS A MIS-STEP THERE. THE APPLICATION THAT WE HAVE FILED WITH THE APA IS FOR 170 UNITS WHICH MEETS THE DENSITY REQUIRE- MENTS AS WE HAVE FINALLY BEEN ABLE TO. PLANEMETER IS THE` PLANNING WORD FOR DIVIDING HOW THE ZONE CUTS ACROSS THE PROPERTY THAT WE ARE UNDER CONTRACT TO BUY AND GIVES US THE RIGHTS TO BUILD CERTAIN NUMBERS OF UNITS. PHASE I WOULD BE THE 46 UNITS THAT THEY ARE REFERRING TO . . . CONCEPTUALLY THE 46 ARE A PIECE OF THE DEVELOPMENT THAT WOULD BE WITHIN THE PLANNED UNIT DEVELOPMENT . WE HAVE DISCUSSED THAT AT THE PUBLIC HEARING THEPHASING ANDI THINK THAT IS JUST A MISCOMMUNICATION FROM THE PARK AGENCY-THAT WAS THE DATE UPON WHICH WE FILED OUR APPLICATION. COUNCILMAN EISENHART- BUT YOUR APPLICATION IS FOR THE WHOLE THING. MR. DESANTIS- EXACTLY , PHASE I IS PART OF OUR APPLICATION , THAT IS THE PORTION WE HAVE TO GIVE MORE DETAIL ON BECAUSE THAT IS THE PORTION IN WHICH THEY ACTUALLY GIVE US , THE PERMIT WILL READ SOMETHING ALONG THE LINE OFF WE NOW APPROVE PHASE I AND THEN DESCRIBE PHASE I OF 170 UNITS DEVELOPMENT WITHIN; SO ON AND SO FORTH AND PHASE II WILL REQUIRE AN ADDITIONAL SPECIFIC REVIEW BY NOT ONLY THE APA BUT BY THE QUEENSBURY PLANNING BOARD. EACH PHASE HAS ITS OWN SEPERATE REVIEW UNDER BOTH THE PARK AGENCY RULES AND UNDER THE QUEENSBURY TOWN ZONING ORDINANCE. IT WOULD NOT COME BACK BEFORE THE CUEENSBURY TOWN BOARD ONCE THE WHOLE PUD IS ESTABLISHED, AT LEAST THAT IS MY UNDERSTANDING. NO , THAT IS NOT CORRECT-THAT IS A MISUNDERSTANDING-THEY HAVE GOTTEN PHASE I MIXED UP. . . COUNCILMAN OLSON- THERE WERE QUESTIONES RAISED AT THE PUBLIC HEARING ABOUT THE SEPTIC TANKS AND THE POSSIBILITY OF AN ON SITE COLLECTION AS COMMONLY 'KNOWN AS A PACKAGE PLANT , HAVE YOU TAKEN ANY CONSIDERATION INTO THAT. . . I WOULD JUST LIKE TO SEE THIS BOARD MAKE A RESOLUTION , ALONG WITH THIS RESOLUTTON SOME SUPPORT AS APA LOOKS AT THIS THEY MIGHT LOOK STRONG AND MAKE A GOOD INVESTIGATION. Dti MR. DESANTIS- SPECIFICALLY ADDRESSING YOU TERMED A PACKAGE PLANTATHIS PROPERTY IS LOCATED IN ,THE LAKE GEORGE BASIN AND SUCH PLANS ARE ILLEGAL BY STATE LEGISLATION . SO , NO) WE ARE NOT CONSIDERINGNVIOLATING STATE LAW BY CREATING A PACKAGE PLANT. WE HAVE SUBMITTED BOTH TO THE nUEENSBURY TOWN BOARD, THE APA AND THE DEPT. OF HEALTH AND ENCON WHAT ARE ESSENTIALLY SEPTIC SYSTEMS AVERAGE RUN OF THE MILL EVERYDAY SPETIC SYSTEMS NOT HI-BRED SYSTEMS OF ANY SORT FOR THEIR APPROVAL. THE PHASE 1 WHICH IS THE 46 UNITS HAS SIX DISPOSAL UNITS-THOSE SIX DISPOSAL AREAS HAVE BEEN REVIEWED BY THE GENTLEMENBIY THE NAME OF JAMES HILL WHO IS THE APA ENGINEER WHO IS ASSIGNED TO REVIEW THIS PROJECT . MR. HILL HAS APPROVED THOSE SIX SITES , HE HAS NOT COMMUNICATED TO US NOR HAS DEC NOR HAS THE DEPT , OF HEALTH ANY NECESSITY FOR VARYING THOSE SUBMITTED PLANS OF DISPOSING OF THE SEWAGE IN THIS MANNER. EACH SITE IS REVIEWED INDEPENDENTLY BY BOTH DEC AND APA AND AS INFORMATION FOR THE TOWN BOARD ON NOVEMBER 9TH A MEETING WAS HELD AT THE DEC OFFICES IN WARRENSBURG AT WHICH ALL OF THE AGENCIES , DEPT. OF HEALTH , LAKE GEORGE ' PARK COMMISSION , THE APA THE DEPT . OF ENCON AS WELL AS STEVE LYNN FROM YOUR BUILDING DEPT. AND DICK ROBERTS FROM THE QUEENSBURY PLANNING BOARD WERE IN ATTENDANCE . AT THAT TIME THE WHOLE PROJECT WAS DISCUSSED AND THE REQUIREMENTS WERE DISCUSSED AND, I BELIEVE THE REPRESENTATIONS THAT I HAVE MADE HERE TONIGHT WILL BE BORNE OUT BY BOTH MR. ROBERTS AND STEVE LYNN WHO WERE PRESENT AT THAT MEETING. THAT THOSE SPECIFIC SIGHTS HAVE BEEN REVIEWED BY THE APA AND THAT DEC WAS GOING TO GET UP THERE . IT IS REGRETABLE , WE HAVE HAD COMMUNICATIONS WITH BILL LANYY I UNDERSTAND HE IS ON VACATION , IT IS REGRETABLE THAT HE DID NOT FIND THE TIME TO GET A COMMUNICATION TO THE TOWN BOARD THIS EVENING. 7 COUNCILMAN OLSON— THE LAST INFORMATION I HAVE HAD WAS AT THE PUBLIC HEARING, THE PEOPLE IN THE AREA/ I THOUGHT, HAD REASONABLE REQUESTS—THEY WERE AFRAID OF POSSIBLE UNDERGROUND STREAMS . I TALKED TO TWO PEOPLE WHO ARE LIFE LONG RESIDENTS OF THAT AREA SINCE YOU HAD THE PUBLIC HEARING AND THEY ALL POINTED OUT TO ME , REALLY WHAT THEY WERE SAYING , THAT THERE WAS ROCK UP THERE. MR. DESANTIS— I CANNOT ARGUE WITH THEM OR ANYONE ELSE AM NOT AN ENGINEER ALL WE CAN DO IS MAKE EVERY EFFORT TO EXPLORE THE ALTERNATIVES THAT WE PUT FORTH AND Hn" . OUR ENGINEER HAS LITERALLY SEARCHED THE SITES ON THE PROPERTY; FOUND THE BEST SOIL DESIGNATED SITES AND ALSO DESIGNATED AN EQUAL SIZED AREA ADJACENT TO THAT SITE WHICH IS SET ASIDE AND NOT BE BUILT UPON INCASE THE PRIMARY SITE WHICH WAS CHOSEN FAILS, THESE SAME SITES ARE REVIEWED BY ENGINEERS BY ENCON AND APA. THEY MAKE THEIR OWN DETERMINATIONS AS THE SUITABILITY , WE HAVE APPLIED FOR AND ARE IN THE PROCESS OF REVIEW OF WHAT IS KNOWN AS A SPEEDIES PERMIT— THAT IS A SEWAGE DISPOSAL PERMIT THAT DIRECTLY EFFECTS EXACTLY WHAT YOUR QUESTION ADDRESSES . COUNCILMAN OLSON— I MIS—SPOKE WHEN I SAID PACKAGE PLANT. MR. DESANTIS— I WAS JUST ADDRESSING , BECAUSE WE HAVE HEARD THAT SUGGESTION FROM OTHER PEOPLE ALSO , BUT WE CANNOT PURSUE IT BY LAW . WE ALSO , OUR ENINGEER INFORMS US/ WE DO NOT KNOW WHETHER THAT IS QUITE THE BEST WAY TO GO EVEN IF WE HAD THAT ALTERNATIVE. COUNCILMAN OLSON— THE QUESTION COMES UP THAT YOU ARE PRESENTLY TALKING ABOUT SIX SITES. MR. DESANTIS— SIX SITES FOR PHASE I , THOSE ARE THE ONES THAT ARE DESIGNATED AS PART OF THE APPLICATION WHICH . . . COUNCILMAN OLSON— IN THE APPLICATION WHEN YOU MET WITH THESE OTHER PEOPLE AT ENCON THEY WERE CONCERNED WITH SIX SITES-DO THEY GO INTO YOURSECOND , THIRD AND FOURTH PHASE AS YOU ADD ON PUTTING MORE SEPTIC SYSTEMS INT❑ THE GROUND WHAT MAY HAPPEN TO THE ORIGINAL SIX SITES AS YOU START COLLECT— ING MORE? MR. DESANTIS— THE ORIGINAL SIX SITES ARE NOT ADDED TO BY OTHER UNITS COUNCILMAN OLSON- No , BUT YOUQ`STILL GOING TO HAVE MORE SITES IN THE GROUND AS YOU INCREASE THE BUILDINGS WHICH MEANS OVER ALL THE WHOLE ACREAGE OF LAND YOU ARE GOING TO HAVE MORE THAN SIX SITES . MR. DESANTIS— PART OF THE REVIEW IS AS I HAVE TRIED TO DESCRIBE IT/ THE REVIEW IS REALLY TWO PARTS. IT IS A REVIEW OF THE 170 UNITS AND THOSE GENERAL LOCATIONS THAT HAVE BEEN GIVEN TO ALL THESE AGENCIES , AND THE GENERAL LOCATIONS , BY THAT I MEAN FAIRLY CLOSE APPROXIMATION OF WHERE THE SOILS NOW TELL US THE SEWAGE DISPOSAL AREA OUGHT TO BE HAVE BEEN GIVEN TO THESE AGENCIES. NOT TO AVOID YOUR QUESTION/ BUT NO ONE HAS GONE OUT AND TRIED TO LOOK AT WHERE THE LAST PHASE IS GOING TO BE TO SPECIFICALLY SITE THE DISPOSAL AREA. WHEN I MENTIONED THE SIX BECAUSE THAT IS PHASE I AND THAT IS WHAT WILL BE BUILT AND THAT IS WHAT WE ARE LOOKING FOR THE BUILDING PERMITS FOR, THOSE SIX AREAS HAVE BEEN SPECIFICALLY INVESTIGATED AS WELL AS THE IMPACT OF ALL THE OTHER AREAS THAT YOU HAVE TALKED ABOUT. EACH AREA BEFORE IT RECEIVES A PERMIT WILL REQUIRE ANOTHER SPEEDIES PERMIT/ ANOTHER APA APPROVAL AND A REVIEW BYTHE TOWN PLANNING BOARD. IF THOSE SITES DO NOT WORK AT THAT TIME WE DO NOT RECEIVE A BUILDING PERMIT/ AND WE UNDERSTAND THAT/ AND I THINK SO DO ALL THE OTHER AGENCIES. BRIAN HARRISON—WE HAVE DUG ALMOST FIFTY TEST HOLES THAT WERE LOOKED AT BY JIM HILL A MAN FROM THE APA AND BY THE DEPT . OF ENVIR. CONSERVATION TO COVER THE ENTIRE SITE THAT ONE WOULD EXPECT TO BE BUILDING ON, WHICH GIVE THEM THE INDICATION OF WHAT WAS THERE. WE ALSO , . . WE ARE ESSENTIALLY BE—ING DIRECTED AND HAVE BEEN DIRECTED BY DEC NOT TO CONCENTRATE SEWAGE , NOT TO GO AN PUT BEDS TOGETHER IN ONE LOCATION BUT TO DISPURSE IN A MORE UNIFORM MANNER , WE ARE DOING IT THE WAY THEY HAVE REQUESTED THAT WE DO IT. THAT IS THE PROBLEM , IT IS DIFFICULT TO RESPOND TO QUESTIONS THAT YOU SHOULD NOT DO IT THAT WAY WHEN YOU ARE REGULATED SAYING THAT YOU HAVE TO DO IT THAT WAY . COUNCILMAN OLSON— WE HAVE DONE THINGS MANY TIMES THE WAY DEC HAS TOLD US TOYLIKE OUR LANDFILL SITUATION , THEN THE RULES AND REGULATIONS CHANGE IN SIX MONTHS OR A YEAR LATER , PART 360 WAS THREE PAGES NOW IT IS THREE INCHES. THAT IS THE ONLY QUESTION I HAD, I THINK IT WAS A REASONABLE QUESTION/ I THINK YOU HAVE TO LOOK AT THE LONG RANGE/ THE END OF YOUR PROJECT . You GET SIX UNITS AND THEN YOU COME BACK AND YOU GOT SIX NOW I NEED SIX MORE I HAVE GOT TO HAVE IT BECAUSE I GOT THESE SIX . . . THEN YOU GOT .12 AND 12 GOES TO 24. , , MR. DESANTIS- THAT IS THE REASON I COME TO YOU . . . COUNCILMAN OLSON- I THINK THAT IS THE REASON FOR SOME QUESTIONS FROM SOME PEOPLE WHO LIVE IN THAT AREA , WHO RAISED THE QUESTIONS AT THE END OF THE PROJECT) WHAT IS THE POSSIBILITY WHAT IS THE WORST SITUATION THAT COULD HAPPEN? COUNCILMAN MORRELL- REFERRING TO 170 UNITS , I BELIEVE AT THE PUBLIC HEARING IT WAS 240 , HAVE YOU REVISED YOUR NUMBERS DOWN? BRYAN HARRISON- WE HAVE REVISED IT DOWN TO WHAT EVER DENSITY i WAS ALLOWED IN THE TOWN. . .WE DID NOT WANT SPECIAL CONSIDERATION SO WHAT WE DID WAS TO UTILIZE THE EXISTING ZONING ORDINANCE WHAT YOU GOT HERE IS PRECISE LINE LAID OUT AS TO WHAT THE ZONE IS THE TOWN HAS ZONED AND THEN THE DENSITY CALCULATION BASED ON THAT ( MAP USED) BASED ON THAT THERE IS 176 UNITS ALLOWED THE APPLICATION IS FOR 170 , TO STAY WITHIN THE 176 . THAT IS TO ALLOW FOR ONE PERSON TO HANDLE . . SOMEONE MIGHT BE OUTSIDE THE LINE , SOMEONE IN. . .THE AMOUNT IS 170 AND THAT IS WHAT THE WARREN COUNTY PLANNING BOARD. . STEVE LYNN HAS TWO COPIES OF THIS ONE OF WHICH HE IS GOING TO REFER TO THE APA AS PER WHAT EVER ACTION THEY WANT TO TAKE. COUNCILMAN MONAHAN- HAS ANYTHING BEEN DONE IN GIVING A EASEMENT FOR THE SCENIC OVERLOOK? MR. BOICE- WE ARE GOING TO LEAVE IT OPEN ON A GUIDED TOUR SITUATION TO PROTECT OUR OWN PRIVACY , WE DO NOT WANT PEOPLE JUST DRIVING UP-WE WILL HAVE A GATE HOUSE CONTROL SYSTEM SO THAT PEOPLE CAN COME TO THE GATE HOUSE REGISTER THERE , PARK THE CAR AT THE GATE HOUSE AND TAKE THE !I!TTLE UP TO THE VISTA AND THAT WILL ALL BE TAKEN CARE OF , THERE WILL BE A GUIDED TOUR UP TO THE VISTA AND ANYTHING ELSE THEY WOULD LIKE TO SEE. COUNCILMAN MONAHAN- IT SOUNDS LIKE A VERY NICE IDEA . SUPERVISOR WALTER- NOTED THAT SHE RECEIVED A LETTER REGARDING A •TREETLIGHT- MR. NEELEY HAS REQUESTED A STREET LIGHT ON LINDEN AVENUE COU'" ILMAN OLSON- NOTED HE HAD RECEIVED A PETITION FROM RESIDENTS IN TH. CRANDALL PARK AREA. . .WISHING TO HAVE STREET LIGHTS INSTALLED SUPERVIS% - WALTER- WE WILL TURN THIS OVER TO THE LIGHTING COMMITTEE. . COUNCILMAN M. -RELL- STATED THAT THERE IS A PROBLEM ON WEEKS ROAD THERE IS A NEED FOR LIGHTING. . . COUNCILMAN OLSON- 'TED THAT THE COMMITTEE WILL LOOK INTO THAT AREA TOO. SUPERVISOR WALTER- MR. SILVERNZL HAS REQUESTED A NO PARKING ZONE IN FRONT OF THE CONVENIENT TORE ON MAIN STREET WEST, GLENS FALLS . DISCUSSION HELD- THIS WIL BE TURNED OVER TO THE COUNTY . . . OPEN FORUM 8 : 39 P. M. MR . TURNBULL-EXPRESSED CONCERN 0 R THE DEATHS OF TWO ELDERLY RESIDENTS AT THE INTERSECTION OF DIX AND CO TY LINE. . .NOTED THAT MR. DAIRE HAS) AT PREVIOUS MEETINGS REQUESTED AT A LIGHT BE PLACED AT THAT INTERSECTION . . . SUPERVISOR WALTER-I DO NOT KNOW WHETHER CAN COMMENT ON THAT BECAUSE I DO NOT KNOW WHETHER THAT WAS THE CAUSE 11F THE ACCIDENT. CLAIRE HUZAR- NOTED THAT SHE TRAVELED THAT •'OAD AND FOUND THE INTERSECj TION HARD TO SEE. . . COUNCILMAN MORRELL- SUGGEST THAT THIS BE REFERR. D TO THE WARREN CO . TRAFFIC SAFETY BOARD. . . MR. MARK CLAVIN-MANAGER JOHN BURKE APTS . - NOTED TH •T MORE STREET LIGHTS ARE NEEDED ON BURKE DRIVE. . . NOTED NUMBER OF ACCIDEN AND VANDALISM IS HIGH IN THIS AREA. . . REQUESTED A SPEED SURVEY ON i RKE DRIVE . . . NEED STOP SIGNS ON BURKE DRIVE SUPERVISOR WALTER- IN REGARD TO THE STREET SIGNS WE WILL IFST CHECK TO SEE IF THEY LEGALLY CAN BE PLACED THERE-IF NOT WE WILL HAVE THE CHiIEF INVESTIGATE THE NEED FOR STOP SIGNS. . . MR. NAYLOR WAS ASKED TO LOOK AT THE STOP SLQNS ALSO. . . SUPERV TER- WE WILL REFER THE SPEED LIMIT. MR. ADAMSON-RE : TOP OF THE WORLD-IN THE PLAN THAT WAS SUBMITTED TO ARA) WHAT IS THE RELATIONSHIP OF THE CONDO AREA TO THE 300 FEET OF SHORE FRONTAGE , WHAT ROLE DOES THE SHORE FRONTAGE PLAY IN THE PLAN. . . MR. HARRISON-THE WAY THIS HAS BEEN APPROACHED IS NOT TO EXCEED THE REGULATED USE OF THE SHORE LINE. . . MR. NAYLOR- ANNOUNCED THAT THE P TAIN SAND FOR WINTER USE BEHIND THE HIG BUILDING DURING WORKING HOURS . . . RESOLUTION TO APPROVE SKETCH ( PUD) PLAT UPON PRELIMINARY PLAT REVIEW RFSDIILTJ01y Ni 1_78_, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS, RALPH BOICE AND TOP O 'THE WORLD HAVE SUBMITTED AN APPLICATION PURSUANT TO ARTICLE 15 OF THE QUEENSBURY ZONING ORDINANCE FOR PRELIMINARY PLANNED UNIT DEVELOPMENT ( PUD) PLAT APPROVAL OF A PROJECT TO DEVELOP APPROXIMATELY 1300 ACRES OF LAND SITUATE IN THE TOWN OF QUEENSBURY LOCATED TO THE SOUTH AND EAST OF ROUTE 9L , WEST OF BAY ROAD AND IN THE IMMEDIATE AND GENERAL VICINITY OF LOCKAHRT ROAD, AND WHEREAS , THE PROPOSED PROJECT FOR WHICH PRELIMINARY ( PUD) PLAT APPROVAL IS SOUGHT CONSISTS OF , AMONG OTHER THINGS , THE PROPOSED DEVELOPMENT AND CONSTRUCTION OF 170 TIME-SHARE CONDOMINIUM UNITS WITH ADDITIONAL RESORT FACILITIES INCLUDING A GOLF COURSE , RIDING STABLE , CORSS=COUNTRY SKI TRAILS , SWIMMING POOLS , A COMMUNITY CENTER WITH RESTAURANT FACILITIES , TENNIS COURTS AND OTHER RECREATIONAL COMPLEX FACILITIES , AND WHEREAS , IN ACCORDANCE WITH THE REQUIREMENT OF SECTION 15. 043( B ) OF THE QUEENSBURY ZONING ORDINANCE , THE TOWN BOARD, PURUUANT TO A RESOLUTION DULY ADOPTED BY THE TOWN BOARD, HELD A PUBLIC HEARING ON OCTOBER 26 , 1982 , CONCERNING THE PRELIMINARY ( PUD ) PLAT REVIEW APPLICATION , AND i WHEREAS, AT SAID PUBLIC HEARING, ALL PERSONS WISHING TO BE HEARD CONCERNING THESE MATTERS WERE DULY HEARD BY THE TOWN BOARD , AND WHEREAS , IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 15 . 043 ( B ) , THE PRELIMINARY ( PUD) PLAT WAS FORWARDED TO THE WARREN COUNTY PLANNING BOARD, THE NEW YORK STATE HEALTH DEPARTMENT , AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR REVIEW AND COMMENT , AND WHEREAS , THE WARREN COUNTY PLANNING BOARD HAS RECOMMENDED APPROVAL OF THE PRELIMINARY ( PUD) PLAT SUBMITTED , AND WHEREAS , THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAVE ADVISED THE TOWN BOARD THAT THE RESPECTIVE PERMIT PROCESSES ARE UNDER CONSIDERATION , AND WHEREAS , NO NEGATIVE COMMENT CONCERNING THE PRELIMINARY ( PUD ) PLAT HAS BEEN FORTHCOMING FROM THE NEW YORK STATE DEPARTMENT OF HEALTH OR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION , AND WHEREAS , NOTICE OF THE PUBLIC HEARING HELD BY THE TOWN BOARD ON OCTOBER 26 , 1982 WAS PROVIDED IN ACCORDANCE WITH LAW , AND WHEREAS , DUE CONSIDERATION HAS BEEN GIVEN TO THE PRELIMINARY ( PUD) PLAT APPLICATION , } NOW , THEREFORE , BE IT RESOLVED, THAT THE PRELIMINARY SKETCH ( PUD) PLAT SUBMITTED BY RALPH BOICE AND TOP O ' THE WORLD BE AND THE SAME IS HEREBY APPROVED AND ACCEPTED, AND BE IT FURTHER RESOLVED , THAT THE DRAWINGS AND SPECIFICATIONS THAT SHALL BE REQUIRED TO ACCOMPANY AN APPLICATION FOR FINAL APPROVAL SHALL BE THOSE REQUIRED BY ARTICLE 3 , SECTION 5 AND ARTICLE 6 , SECTION 4 OF THE TOWN OF nUEENSBURY SUBDIVISION REGULATIONS , AND BE IT FURTHER RESOLVED, THAT THE AREA OF THE ( PUD) PLAT BE NOTED ON THE TOWN OF QUEENSBURY ;ZIDNING MAP MAINTAINED IN THE OFFICE OF THE TOWN CLERK 10 AS PROVIDED BY 6 5 . 043 ( D) OF THE TOWN OF QUEENSBURY ZONING ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER- WE NEED TO HAVE FINAL APPROVAL IN SIX MONTHS BUT THE FACT THAT THIS IS A DEVELOPMENT OF SOME SIZE AND MAGNITUDE WE UNDERSTAND THAT WE WILL NOT HAVE THE FINAL PLAT BECAUSE THEY ARE JUST 1 PUTTING THE FIRST PHASE BUT THAT WE ARE REQUIRING THE FIRST PHASE TO BE COMPLETED WITHIN THE SIX MONTHS AND DOES THE BOARD AGREE THAT , THAT WOULD BE A STIPULATION ( AGREED UPON BY THE BOARD) COUNCILMAN MONAHAN- SUPPOSE THEY DO THE FIRST PHASE AND THEN DECIDE TO SELL THE REST OF IT, DOES THAT PUD STILL GO WITH THE REST OF THE LAND? ATTORNEY JOSEPH BRENNAN- IT IS A PERMANENT PUD UNTIL YOU GET TO THE POINT WHERE IT IS NOT BEING PURSUED AND THEN UNDER THE TERMS OF THE ORDINANCE THE TOWN BOARD MAY BY RESOLUTION NOTE THAT THE PUD WOULD NOT BE EFFECTIVE AS TO THE BALANCE AND THAT THE AREA WOULD REVERT BACK TO THE PRIOR ZONING DISTRICT OR DISTRICTS IN WHICH THIS PROPERTY WAS LOCATED BEFORE A PUD APPROVAL. THE ONLY THING I WOULD SUGGEST TO THE BOARD IS THAT , IS THERE ANY INDICATION OF INTENT AS TO THE SUBSEQUENT SUBMISSIONS AS TO PHASES SO THAT THE FILING OF A FINAL PLAT FOR SUBDEQUENT PHASES IS NOT LEFT OPEN ENDED. MR. DESANTIS- As I THINK COULD BE EASILY UNDERSTOOD WITH A PROJECT THIS SIZE WE DO NOT HAVE A SPECIFIC OUTSIDE TIME LIMIT, HOWEVER WE HAVE MADE THIS REPRESENTATION TO BOTH THE PLANNING BOARD AND THE PARK AGENCY THAT OUR PLAN RIGHT NOW IS THAT THE PROJECT WOULD BE BUILT OUT WITHIN FIVE TO EIGHT YEARS-WE DO NOT ENVISION HAVING SOONER THAN FIVE YEARS-WE DO. NOT ENVISION IT TAKING LONGER THAN EIGHT YEARS, THE '1.70 UNITS . I AM SORRY THAT WE CANNOT BE ANY MORE SPECIFIC THAN THAT BUT . . . ATTORNEY JOSEPH BRENNAN- How ABOUT JUST TO THE SECOND PHASE? MR. DESANTIS- THE FIRST PHASE AS THE SUPERVISOR JUST SAIDJWE DO NOT FILE WITHIN SIX MONTHS WERE ARE.:BACK TO SQUARE ONE . COUNCILMAN OLSON- I AM ASKING ABOUT CONSTRUCTION FINISHED. MR. DESANTIS- WELL THERE IS ANOTHER TIME LIMIT THAT STARTS THE MINUTE WE FILE THAT MAPS IN WHICH WE HAVE AT THAT POINT IN TIME WE WOULD GET A BUILDING PERMIT AND THERE IS A TIME LIMIT ON THE BUILDING PERMIT . WE WOULD ANTICIPATE SUBJECT TO THE SAME LIMITATIONS. I CAN SAY THAT IT IS OUR INTENT IF WE CAN COMPLETE THE REVIEW AND REGULATORY PROCESS, TO BE IN CONSTRUCTION CERTAINLY BY NEXT SUMMER. COUNCILMAN EISENHART- PHASE I MR. DESANTIS- RIGHT I DO NOT KNOW EXACTLY , IT WOULD PROBABLY BE ANOTHER YEAR BEFORE ALL 46 WOULD BE BUILT TO USE A ROUGH ESTIMATION . I WOULD SAY IN THREE YEARS SAFELY YOU WOULD BE INTO PHASE II , MORE LIKELY TWO YEARS FROM NOW. YOU ARE TALKING SIX MONTHS BEFORE THE REVIEW PROCESS IS EVEN COMPtv OF NECESSITY) SO WHEN I SAY TWO YEARS I AM TALKT_NG EIGHTEEN MONTHS FROM WE CAN FIRST BUILD, TO START PHASE II . I THINK THAT CAN GIVE THEIBIOARD SOME IDEA OF WHAT WE ARE TALKING ABOUT) WE ARE j NOT TALKING FIFTEEN OR TWENTY YEARSJBUT MORE SPECIFIC THAN THAT I DO NOT THINK IT IS POSSIBLE FOR US TO STATE . COUNCILMAN OLSON- THE REQUEST IS TO GRANT THIS APPROVAL FOR 170 UNITS THE OVERALL PLOT , THE WHOLE ACREAGE OF LAND WE ARE DISCUSSING. SUPERVISOR WALTER- THAT IS WHAT WE WOULD BE APPROVING COUNCILMAN OLSON- THAT IS WHAT THIS IS TO APPROVE TONIGHT , BUT THE REQUEST REALLY HAS BEEN TO BUILD A SECTION OF THIS 46 UNITS-I THINK YOUR QUESTION BETTY IS , BECAUSE THEY ARE GRANTING A PLOT PLAN) A PUD IN THE AREA FOR THE 46 UNITS? COUNCILMAN MONAHAN-NO , I JUST WANTED SOME PROTECTION FOR THE TOWN IN THE FUTURE IN CASE THEY FIND OUT THAT THE MARKET IS NOT TNFAG AND THIS THINK COMES TO A DEAD STOP. I WANT SOME PROTECTION SO WE DO NOT HAVE AN OPEN ENDED PUD UP THERE . ATTORNEY JOSPEH BRENNAN- WHAT HAS BEEN SUBMITTED/ IS FOR APPROVAL FOR 170 UNITS-IF THE APPLICANT WANTS TO MODIFY THAT FLAN TO SUBMIT FOR APPROVAL OF THIS BOARD OF SOMETHING LESS/ THAT IS THE APPLICANTS PREROGATIVE, BUT THE BOARD DOES NOT HAVE THE RIGHT TO HAVE AN APPLICATION BEFORE IT FOR APPROVAL OF 170 AN ENTIRE PROJECT AND SAY WE ARE GOING TO APPROVE 46 OF THIS . WHAT THE PROTECTION IS. THAT UNLESS YOU EXTEND THE TIME PROVIDED FOR IN THE ORDINANCE , THEORETICALLY THIS PARTICULAR PROVISION WHICH REQUIRES A FINAL PUD PLAT OR AN AGREED UPON FIRST STAGE OF DEVELOPMENT FINAL PUD PLAT WITHIN SIX MONTHS THEN THE PUD WILL EFFECTIVELY TERMINATE AND THE AREA WILL REVERT BACKJTHEREBY NULLIFYING THE PUD IN ITS ENTIRETY , SO I THINK YOU DO HAVE THE RIGHT TO SPECIFY SIX MONTHS CLEARLY AS TO FIRST PHASESTHAT BEING THE INTENTION OF THE APPLICANT . I DO NOT THINK YOU DO HAVE AN OBLIGATION TO EXTEND UNLESS YOU WANT TO CONSENT TO DO ITJI' SPECIFIC TIME PERIODS FOR FILTNG SECOND AND THIRD , FOURTH AND FIFTM STAGES-IF WE ARE TALKING ABOUT FIVE ANTICIPATED PHASES OF DEVELOPMENT. You CAN SPECIFY THE TIME LIMITATION FOR FILING THAT PUD FINAL PLAT AS TO EACH OF THOSE PHASES, IF THAT IS YOUR DESIRE. COUNCILMAN EISENHART- I D04JT WANT TO. COUNCILMAN OLSON- IT CAN BE HANDLED LEGALLY WHEN THAT SITUATION ARISES . ATTORNEY JOSPEH BRENNAN- BASICALLY) IF YOU DO NOT AGREE TO A SPECIFIC TIME LIMITATIONJYOU ARE SPECIFYING THAT IT IS SIX MONTHS FOR THE FIRST PHASE AND EFFECTIVELY YOU ARE SAYING TO THE APPLICANT IS. WHEN YOU WANT TO GO TO THE SECOND PHASE/ YOU COME BACK TO US AND WE WILL ES(9ENTIALLY SEE WHETHER OR NOT WE AGREE TO EXTEND THE TIME. BECAUSE THERE IS NO SPECIFIC PROVISION HERE THAT SAYS, IF SOMEONE DOES IT IN PHASES/ THEY GET SIX MONTHS FOR THE FIRST PHASE AND SIX MONTHS THEREAFTER FOR THE SECOND PHASE, IT DOES NOT READ THAT WAY AT ALL. I THINK WHAT MR. DESANTIS IS LOOKING FOR IF I UNDERSTAND HIM CORRECTLY IS/ HE WOULD LIKE SOME STIPULATION OR AGREEMENT WITH THE BOARD AS TO A TIME LIMITATION WHICH THE ORDINANCE AFFORDS YOU THE RIGHT TO DO IF YOU SO DESIRE/ FOR AN EXTENSION OF TIME AS TO THE SUBSEQUENT PHASES AND I THINK HE IS SAYING ALL PHASES AT A PARTICU- LAR TIME WITHOUTSPECIFYING THE REQUIREMENT FOR SECOND, THIRD , FOURTH AND FIFTH STAGES. COUNCILMAN MONAHAN- WHAT YOU ARE SAYING IS1HAT WE COULD REQUIRE THAT THE FINAL STAGING BE DONE BY A YEAR FROM NOW. ATTORNEY JOSEPH BRENNAN-YES , IF YOU DID THAT OPEN ENC./ YES YOU COULD , YOU COULD REQUIRE THE SUBMISSION OF THE FINAL PLAT WITHIN WHATEVER PERIOD OF TIME THAT YOU AGREE TO WHETHER ITS FIVE YEARS , EIGHT YEARS OR WHAT EVER/ YOU HAVE THE AUTHORITY TO DO THAT . COUNCILMAN MONAHAN-DO WE NEED TO DO THIS IN ORDER TO PROTECT THE TOWN OR DO YOU FEEL THE PROTECTION IS ALREADY THERE? ATTORNEY JOSEPH BRENNAN- You ARE NOT AGREEING TO AN EXTENSION OF ANY SPECIFIC PERIOD OF TIME IF YOU DO NOT AGREE TO SOMETHING. COUNCILMAN EISENHART- SO ALL WE HAVE DONE IS SET IT UP !#JD WHEN IT GOES ON, YOU HAVE TO AGREE TO ANY EXTENSION BEYOND THE SIX MONTHS . ATTORNEY JOSEPH BRENNAN- I WOULD THINK THAT THE APPLICANT WOULD WANT SOMETHING AGREED TO AN EXTENSION . MR. D-{EEAqANTIS- I THOUGHT THAT IT WAS JUST READ ON THE RECORD BY MR. BRENNAN WASAWHE HAD DISCUSSED CONCERNING THE AGREED UPON FIRST STAGE, ATTORNEY JOSEPH BRENNAN- SIX MONTHS MR. DESANTIS- IS THE LANGUAGE IN 15 . 043 SUBD. E.; IF THE FINAL PUD PLAT, WHICH IS WHAT COUNCILMAN MOYNIHAN IS REFERING TO, OR AN AGREED UPON FIRST STAGE IS NOT SUBMITTED WITHIN SIX MONTHS ATTORNEY JOSEPH BRENNAN- THAT IS CORRECT MR. DESANTIS- I THOUGHT WE WERE TRYING TO DEFINE THE AGREED UPON FIRST STAGE IL ATTORNEY JOSEPH BRENNAN—I DO NOT THINK THERE IS ANY DISAGREEMENT AT ALL , WHAT MRS. MONAHAN 'S QUESTION IS , IS IN FACT) IF YOU WERE TO SUBMIT THE FIRST STAGE WITHIN SIX MONTHS, WHAT WOULD OCCURJIF IN FACT) ITS THEN TEN YEARS AFTER THAT BEFORE THE PROPOSED SECOND STAGE IS SUBMITTED , WHAT IS THE EFFECT OF THAT AND HER QUESTION IS, DO YOU PLACE A TIME LIMITATION) YOU GO SIX MONTHS FOR THE FIRST STAGE) DO YOU THEN PLACE A TIME LIMITATION EITHER FOR THE COMPLETION OF THE ENTIRE PROJECT OR DO YOU PLACE A TIME LIMITATION FOR EACH OF THE ANTICIPATED PHASES OF THE PROJECT WHEN THAT FINAL PUD PLAT MUST BE SUBMITTED AS TO EACH PHASEJOR DO YOU JUST LEAVE IT OPEN ANDSAYJ YOU MUST SUBMIT THE FINAL PHASE BY SUGH AND SUCH A DATE. COUNCILMAN EISENHART— IF IT DOES NOT GO ON1 WE CAN STOP IT ANY TIME. , COUNCILMAN MONAHAN— THAT IS WHAT I AM TRYING TO FIND OUT. ATTORNEY JOSEPH BRENNAN—THAT IS REALLY AN IMPOSSIBLE QUESTION TO ANS— WER , YOU WOULD BE DEALING UNDER THOSE CIRCUMSTANCES1IS REALLY IN M( OPINIONJAS TO WHAT WOULD BE REASONABLE FOR A PERIOD OF TIME^ I AM CERTAIN WE CAN TAKE THE EXTREME. IF YOU WENT TWENTY YEARS BEFORE YOU GOT TO THE SECOND STAGE, IN ALL LIKELYHOOD THAT IS GOING TO BE DEEMED UNREASONABLE , BUT U. YOU ASKED TO QUOTE A SPECIFIC TIME LIMITATION ON WHAT WOULD BE CONSTRUED AS BEING A REASONABLE PERIIOD OF TIME BEYOND THE FIRST PHASEJYOUR ESTIMATE OF THAT WOULD BE ABSOLUTELY AS GOOD AS MINE WOULD BE. MR. HARRISON— WE ARE GOING TO SUBMIT A PHASING PLAN FOR THE ENTIRE DEVELOPMENT THROUGH THE 170TH UNIT. . ATTORNEY JOSEPH BRENNAN— YOU ARE PLANNING THAT) WHEN YOU SUBMIT WITHIN SIX MONTHS) YOU WILL PROJECT THE ENTIRE PHASE AND LOOK FOR PERIODS OF TIME PER PHASE THROUGH TO COMPLETIONNBEFORE YOU GET FINAL APPROVAL . MR. HARRISON— I AM CERTAIN WE CAN ADDRESS THE SECOND PHASE WITH A DEGREE OF CERTAINTY. ATTORNEY JOSEPH BRENNAN—IF THAT IS THE CIRCUMSTANCE) WITH THAT UNDERSTANDING MRS, IIdONAHAN , I THINK YOU ARE ADEQUATELY PROTECTED. RESOLUTION TO ' PPROVE AUDIT OF BILLS a M' • INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SE •NDED BY MR. DANIEL MORRELL : RESOLVED , THAT AUDIT OF 3 . S AS LISTED ON ABSTRACT No . 82-11D AND NUMBERED 2136-2137 AND TOTAL G $3 ,532 . 65 BE AND HEREBY IS APPROVED. DULY ADOPTED BY THE FOLLOWING VOT AYES : MR. OLSON , DR. EISENHART , MR. ORRELL , MRS , MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY SUBMITTED , DONALD A. CHASE , TOWN CLERK } j, (ram, ?( 1�r3 I HAVE WRITTEN TO MR. YASKO AND MR. HARRISON THANKING HEM FOR THEIR CONTRIBUTIONS TO THE TOWN. . . RESOLUTION OF APPRECIATION RESOLUTION NO . 55 , INTRODUCED BY MRS. BETTY MO •HAN WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS, MR. C. MATTHEW YASKO HAS SERVED ON THE QUEENSBURY RECREATION COMMISSION FOR MANY YEARS AND WHEREAS , MR. C. MATTHEW YASKO HAS GIVEN 0 THE TOWN OF QUEENSBURY MANY YEARS OF DEVOTED SERVICE AND UNTO to EXPERTISE WHICH HAS ENHANCED OUR COMMUNITY AND YOUTH DEVE •PMENT AND WHEREAS , MR. BRYAN HARRISON HAS SERV D ON THE QUEENSBURY PLANNING .{ OARD AND WHEREAS, MR. BRYAN HARRISON HAS VEN FREELY OF HIS EXPERTISE TO THE DEVELOPMENT OF OUR GROWING TOWN , NOW , THEREFORE BE IT RESOLVED , THAT THE TOWN BOARD FISHES TO EXPRESS TO BOTH THESE DEDICATED INDIVIDUALS THEIR HEART FELT HANKS FOR THEIR MANY HOURS OF VOLUNTEER LABOR TOWARD THE DEVELOPMENT OF OUR TOWN. DULY ADOPTED BY THE FOLLOW G VOTE : AYES : MR. OLSON , DR. SENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE COMMUNICATIONS LTR. THOMAS FLAHER Y— RE : TOTAL INSTRUMENTATION MAINTENANCE CONTRACT WITHOLDING RECOMMrNDATION FOR FURTHER CLARIFICATION . . . . ON FILE LTR. STEPHEN LY RE : REQUEST FOR NEW STAFF VEHICLE ON FILE SUPERVISOR WAL ' R ANNOUNCED THAT THE VEHICLE NOW USED BYTHE BUILDING AND ZONING DE' . WAS INVOLVED IN AN ACCIDENT AND IS NO LONGER ABLE TO BE USED NOTED THAT THERE IS MONEY IN THE BUDGET FOR A VEHICLE BUT NOT A FO R WHEEL DRIVE. . . COUNCILMAN ' ISENHART— I WOULD NEED MORE DISCUSSION TO GO TO AN EIGHT CYLINDER F'iUR WHEEL DRIVE CAR. . . DISUSSIO.. HELD : MR. DEAN NOTED WHERE THE VEHICLE WOULD BE USED AND WHAT TY' E OF WORK WAS EXPECTED OF IT—NOTED THAT THEY NOW CARRY SHOVELS FOR PE"C TESTS AND RAIN GEAR . . . SPOKE ON THE UNDEVELOPED ROADS THAT THEY WAVE TO TRAVEL. , . COUN ILMAN OLSON IS IT VERY OFTEN WHEN BOTH OF YOU ARE OUT OF THE OFFICE? MR. MACK DEAN— NOT OFTEN — COUNCIMAN MONAHAN— QUESTIONED THE MAINTENANCE AN* RUNNING EXPENSE OF A DIESEL" COUNCILMAN EISENHART— ASKED FOR SOME R' CORDS TO SHOW THAT THERE WAS A DEFINITE NEED FOR A FOUR—WHEELDRIVE EHICLE . . . SUPERVISOR WALTER— WE WILL TAKE THIS UNDER CONSIDERATION . . . -QUEENSBURY PLANNING BOARD APPROVED PUD IN GENERAL CONCEPT FOR DEVELOP— MENT OF THE TOP 0' THE WORLD AS PRESENTED. ON FILE —SUPERVISOR WALTER, WE HAVE RECEIVED CONTRACTS FROM 'E CITY RE : BUS SYSTEM REQUESTED THAT THE BOARD REVIEW THE 'SNTRACTS DISCUSSION HELD IN REGARD TO PUBLIC INFORMAT ! ' MEETING FOR THE BUS SYSTEM THE INFORMATION MEETING WILL = HELD 3-15-83 AT 7 : 30 P. M. SHOWING THE ROUTES ETC. T BUS SYSTEM WILL TAKE . . COUNCILMAN MONAHAN ASKED MR. TURNB IF HIS GROUP HAD EXPRESSED ANY INTEREST MR. TURNBULL REQU- TED AT THE HEARING THAT MAPS BE HANDED OUT OF THE ROUTES SO PEOPLE 'N SEE THEM BETTER. . . COUNCILMAN OLSON— DISQ 'LIFIED HIMSELF FROM THE TOWN BOARD AND THEN APPROACHED THE BOAR. AS A CITIZEN. . . HE THEN REQUESTED A ONE YEAR VARIANCE TO LEAV IS GAS TANKS IN THE GROUND. . NOTED HE HAS SOME INTERESTED PARTIES IN THE 'ROPERTY WHO DO .WISH TO UTILIZE THE TANKS ( LOCATION LWR. WARREN ST. ) FIRE MA' -AL BODENWEISER— APPROACHED THE BOARD NOTING THAT HE W,PSHED TO SEE THE TANKS REMOVED , HE SPOKE TO THE TOWN BOARD ON OTHER VIOLATIONS (evil 1�, 147n SUPERVISOR WALTER- ASKED FOR FURTHER INPUT ON THE PUBLIC HEARING , NO ONE SPOKE THE PUBLIC HEARING WAS CLOSED 8 :40 P . M.f TOWN CLERK- DOES THE TOWN BOARD HAVE AN UP-TODATE DRAFT OF THE TRANSIENT MERCHANTS ORDINANCE? MY COPY STILL RELATES TO IT AS AN ORDINANCE , WE HAD THE WRONG MATERIAL IN MY OFFICE TO REALLY ADVERTISE , WE NEVER HAD THE PROPER DRAFT ON THE LOCAL LAW , ONE WAY TO AVOID A PUBLIC HEARING ON REPEALING THE ORDINANCES WAS TO, AS I ASKED FOR IN THE WORKSHOPS; A SECTION IN THE LOCAL LAW REPEALING THE TWO ORDINANCES. REVIEWED SEVERAL ORDINANCES THAT WERE REPEALED WITHOUT PUBLIC HEARINGS. . . ORDINANCE 22 REPLACED BY ORDINANCE 25. . . 1977 LOCAL LAW #2 REPLACED ORDINANCE 42 . . . ORDINANCE 36 REPLACED BY LOCAL LAW IN 1979 IN EACH CASE NO PUBLIC HEARING WAS HELD UPERVISOR WALTER- INTRODUCED MR. RALPH BOICE AND MR. FRANK DESANTIS TOP O!= THE WORLD PROJECT- MR. DESANTIS-ON MARCH 3 , 1983 THE PLANNING BOARD GAVE ITS FINAL APPROVAL ON PHASE I AND FINAL CONCEPTUAL APPROVAL OF THE PROJECT AS A WHOLEJAS A PLANNED UNIT DEVELOPMENT , THIS MATTER NOW COMES BACK BEFORE THE TOWN BOARD TO DETERMINE WHAT APPROVAL THIS BOARD WILL GIVE , WE ARE HERE TONIGHT TO ASK THE TOWN BOARD TO GIVE US CONDITIONAL APPROVAL OF THE PUD PLAT. CONDITIONAL UPON ALL RECEIPT OF ALL THE NECESSARY PERMITS AS SET FORTH BY THE PLANNING BOARD ON MARCH 3RD. ON APRIL 7TH 1983„ THE PARK AGENCY GAVE US A CLASS A REGIONAL APPROVAL , WE ARE NOW AWAITING RECEIPT OF THE HARD COPY BY THE OPERATION DIRECTOR. . . IN REGARD TO THE DEPT . OF ENVIRONMENTAL CONSERVATION, ALL PERMIT APPLICATIONS HAVE BEEN COMPLETED-THE PERIOD FOR PUBLIC COMMENT ENDED ON MARCH 25 , NO FURTHER COMMENT WAS RECEIVED--WE HAVE BEEN INFORMED THAT ENCON DOES NOT INTEND TO CONDUCT ANOTHER PUBLIC HEARING. THE DEPARTMENT OF HEALTH IS IN THE PROCESS AND IS AWAITING RECEIPT OF SOME FURTHER WELL TESTS WHICH ARE BEING CONDUCTED RIGHT NOW . . . IF THE TOWN BOARD GIVES US CONDITIONAL APPROVAL) WE THEN HAVE ONE HUNDRED AND EIGHTY DAYS TO COME BACK BEFORE THE TOWN BOARD FOR FINAL APPROVAL . . . IF AT THAT TIME THE BOARD GIVES FINAL APPROVAL WE WILL HAVE THIRTY DAYS TO FILE THE FINAL MAP WITH THE COUNTY CLERK) THAT WOULD BE THE FINAL ACT IN THE CREATION OF A PLANNED UNIT DEVELOPMENT . ( DISCUSSION WAS HELD ON THE CONDITIONAL APPROVAL STEP IN THE ORDINANCE ) COUNCILMAN MONAHAN- HOW WILL THE WATER BE MONITORED AT THE SITE? MR. DESANTIS- THE APA DRAFT PERMIT DOES CONTAIN IN IT A REQUIREMENT THAT THERE BE GROUND WATER MONITORING SYSTEMS , FIVE DOWN SLOPE WELLS- THE SITE OF THE WELLS HAS NOT BEgvAGREED UPON) TODATE THERE HAS BEEN NO BACKGROUND INFORMATION TO COMPARE FUTURE RESULTS AGAINST. . . IT DOES CALL FOR QUARTERLY TESTING. . . COUNCILMAN MONAHAN- THIS HAS TO BE SET UP BEFORE THE END OF THE ONE HUNDRED AND EIGHTY DAYS? MR. DESANTIS-THIS HAS TO BE FINALIZED BEFORE THE APA WILL ISSUE A PERMIT. COUNCILMAN MONAHAN- WHAT KIND OF A SEPTIC SYSTEM DID YOU END UP WITH? MR. DESANITS- SEVEN INDIVIDUAL SYSTEMS. . . SUPERVISOR WALTER- THANKED MR. DESANTIS AND MR. BOICE FOR APPEARING HERE THIS EVENING. . . RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO . 7i, INTRODUCED BY OR. CHARLES EISENHART WHO MOVED FOR ITS ADOPT N , SECONDED BY MR. DANIEL MORRELL : RESOLVED, T T THE TOWN BOARD MINUTES OF MARCH 22 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE OLLOWING VOTE : 'NOES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE Lou Cr-) % a , i A(6 WHEREAS , THIS TOWN BOARD HAS CONDUCTED A PUBLIC HEARING IN ' ANECTION WITH SAID APPLICATION AND HAS HEARD ALL PERSONS DESIRING ■ BE HEARD IN FAVOR OF OR AGAINST SAID APPLICATION , AND WHEREAS , IT IS HEREBY DETERMINED THAT THE FACT RESENTED IN SAID APPLICATION AND AT SAID PUBLIC HEARING ARE . FICIENT TO AUTHORIZE THE ISSUANCE OF THE PERMIT REQUESTED BY • D APPLICATION , THEREFORE BE IT RESOLVED , THAT PURSUANT TO THE P".VISIONS OF THE ABOVE MENTIONED ORDINANCE, PERMISSION IS HEREB GIVEN TO WESLEY J . EGGLESTION TO LOCATE A MOBILE HOME AT PROPERTY S UATED AT DEAN DRIVE AND THAT THE BUILDING _ INSPECTOR IS HEREBY AUTHO' ZED AND DIRECTED TO ISSUE SUCH PERMIT IN ACCORDANCE WITH THE RMS AND CONDITIONS OF SAID ORDINANCE . DULY ADOPTED BY T " FOLLOWING VOTE : AYES : MR. O ON , DR. EISENHART , MR . MORRELL , MRS . MONAHAN , MRS . WALTER NOES : ► liNE AB - T : NONE ( DISCUSSION HELD IN REGARD TO TOP OF THE WORLD—COUNCILMAN MORRELL , SECONDED -...* BY COUNCILMAN EISENHART AGREED TO THE FOLLOWING : RESOLUTION CONDITIONAL APPROVAL FOR THE TOP OF THE WORLD CONTINGENT UPON ITS APPROVAL OF OTHER APPLICABLE AGENCIES WITH THE PROVISIONS TO THE TOWN BOARD OF OTHER DOCUMENTS WHICH WE MAY DEEM NECESSARY RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE . 1;',. . ( RESOLUTION NO. 82 ) DULY ADOPTED BY TI-rE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION AUTHORIZING SUPERVISOR TO SIGN BUS AGREEMENTS—GREATER GLENS FALLS TRANSIT SYSTEM RESOLUTION NO . 83 , INTRODUCED BY MRS . BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLUTION TO BE FORTHCOMING FROM TOWN COUSEL TO BE FOUND dN PAGE 139 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , , 'S . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE COUNCILMAN MONAHAN— THE TARGET DA FOR HAVING THE BUSSES IN SERVICE IS JULY 1ST. SUPERVISOR WALTER— THE TOWN S COST OF THE CAPITAL EXPENSES IS $14 ,393 . 00 PAID THIRTY DAYS AFTER R ' IPT OF THE BUSSES . . . THE OPERATING BUDGET IS $ 16 , 704 . 00 TO BE PAI % ON THE 1ST. OF MAY. COUNCILMAN OLSON— W ' THERE ANY CONSIDERATION GIVEN TO THE EXTENSION OF THE ROUTE TO T WARREN CO. MUNICIPAL CENTER? COUNCILMAN MONAHAN— THE IDEA RIGHT NOW IS TO GET THE ROUTES THAT HAVE BEEN TALKED ABUT IN PLACE AND OPERATING AND THEN START TO WORK FOR ANY ADJUSTMENTS . . . T PUBLIC HEARING TO RESOLUTI' TOAABOLISH ORDINANCE 16 AND 35 OF THE TOWN OF QUEENSBURY : 0 Ih ► I INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE l*q . RESOLUTION GIVING CONDITIONAL APPROVAL TO TOP O ' THE WORLD PROJECT RESOLUTION NO . 82, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY DR . CHARLES EISENHART : WHEREAS, SECTION 15 . 04(C) OF THE TOWN OF QUEENSBURY ZONING ORDINANCE PROVIDES FOR THE ISSUANCE OF CONDITIONAL APPROVAL BY THE TOWN BOARD OF AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT, AND WHEREAS, SUCH APPLICATION SUBMITTED BY RALPH BOICE BY HIS ATTORNEY, FRANK V. DESANTIS, FOR CONDITIONAL APPROVAL OF THE TOP 0' THE WORLD PROJECT IS NOW PENDING FOR THE TOWN BOARD IN ACCORDANCE WITH THE AFORESAID SECTION, AND WHEREAS, THE PLANNING BOARD FOR THE TOWN OF QUEENSBURY GAVE ITS FINAL APPROVAL OF PHASE I AND FINAL CONCEPTUAL APPROVAL OF THE ENTIRE PROJECT, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY ISSUE ITS CONDITIONAL APPROVAL OF PHASE I OF THE TOP 0' THE WORLD DEVELOPMENT SUCH CONDITION BEING APPROVAL AND COMPLIANCE WITH ALL CONDITIONS BY ANY AND ALL PERMIT ISSUING AGENCIES HAVING AUTHORITY AND SUCH OTHER CONDITIONS THAT THE TOWN BOARD DEEMS REASONABLE AND NECESSARY . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MON AHAN, MRS . WALTER NOES : NONE ABSENT : NONE Marra 6)--?, f?y 112 Supervisor Walter- The Town Board will take no action on the proposed amendments to Ordinance No. 10...tabled to review comments made at the public hearing... 4 RESOLUTION GIVING FINAL APPROVAL FOR PHASE I TOP O' THE WORLD PUD PLAT RESOLUTION NO. 77, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town of Queensbury gave conditional approval to Phase I of Top 0' The World Pud development by Resolution on April 12, 1983, and WHEREAS, pursuant to Section 15.044 (c) of the Queensbury Zoning Ordinance, the Queensbury Planning Board granted an extension to file a final plat until April 7, 1984, and WHEREAS, the Project Sponsors, Ralph A. Boice, Top 0' The World Development Co., Inc., and Top 0' The World owners Association, Inc. (hereinafter called sponsors) have complied with the conditions imposed by the Town Board's Resolution of April 12, 1983 and further by letter dated March 23, 1984, (Copy attached as exhibit 1), Representing and guaranteeing that the sponsors will fully comply with the obligations contained in the following permits and approvals, copies of which are on file with the Queensbury Building Department, namely: 1. New York State Department of Environmental Conservation State Pollutant discharge elimination system permit No. NY-0131792; 2. New York State Department of Environmental Conservation Water Supply Permit No. 7329, D.E.C. No. 50•-82-0287; 3. Adirondack Park Agency Decisional order dated June 1, 1983, project No. 82-240A; 4.. All of the pertinent provisions of the Town of Queensbury Zoning Ordinance, including but not limited to Article 15, and WHEREAS, the project sponsor has filed with the Town of Queensbury Building Department, a survey map dated September 20, 1982, made by Coulter and McCormack, LS, for Top 0' The World, Inc. and amended March 21, 1984 to delineate the open space to be reserved as common property pursuant to Section 15.035 of the Queensbury Zoning Ordinance, and WHEREAS, the Sponsors have agreed to file with the Town of Queensbury all final Convenants, by-laws and other documents creating homeowner associations and any and all offering plans or documents prepared for submission to the Attorney General's Office pursuant to Section 352-E of the General Business Law, and further that the Sponsors have agreed to comply with the performance guarantees set forth in paragraph 5 of the Adirondack Park Agency order dated June 1, 1983, Project No. 82-240A, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the final PUD Nat of the Project sponsors with reference to Phase I of the project, construction of which shall be jointly monitored by the Queensbury Building Department, as required, and the Adirondack Park Agency under its Phase I order of June 1, 1983, and be it further RESOLVED, that prior to new construction a performance Bond naming the Town of Queensbury and the Adirondack Park Agency as joint obligees, and complying with the performance guarantees set forth in paragraph 5 of the Adirondack Park Agency order dated June 1, 1983, Project No. 82-240A, shall be submitted to the Town of Queensbury for its approval of form and content. Duly adopted by the following vote: ..J Ayes: Mr. Olson, Dr.'Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Councilman Morrell-Should the amount of the performance bond be stated in the resolution? Supervisor Walter-That was set forth in the re .olution dated June 1, 1983 APA order... Unknown- questioned if there would be any more public hearings on the Top 0' The World 113 Development? Councilman Monahan- this only deals with phase one... Supery or Walter- Mr. Harris is now present, we have closed the public hearing on the Mobile ' ome, he had problems with his vehicle on the way to the hearing, I would like to, even Al ough we are not at a public hearing, would like to give him some opportunity to corn me. or answer any questions from the board. One of the questions that we had was, do yo own the land or not? Mr. Harris- I .o not. Councilman Ei• -nhart- Are you living there? • Mr. Harris- yes. Councilman Eisen :rt- How did you happen to move in without a permit? Mr. Harris-1 applied or one, I made out the paper work earlier...I did not get it all turned in, but 1 did apply fo one. Councilman Monahan- f you do not own the land, under what kind of an arrangement are you there? Mr. Harris-Lease. Councilman Monahan- For 'ow long? Mr. Harris- One year. Councilman Monahan-Has you septic been approved? Mr. Harris- No, It has not been i spected. Councilman Monahan- What is yo water supply? Mr. Harris- Driven well. Councilman Monahan- On this piece if property? Mr. Harris-Yes. Councilman Olson- Was it last fall that •u were going to apply for a permit? Mr. Harris-Yes Counciman Monahan- Mr. Dean, are mobile omes supposed to have skirts? Mr. Dean-no inspection has been made of the obile home. Councilman Monahan-The mobile home does not ook level... Mr. Harris-It is level, 1 just moved it in not long a: I, I have not had a chance to skirt it... Councilman Eisenhart-Where did you get the name of he Street? Mr. Harris-I guess from Mr. Barry Converse. Councilman Monahan- It is our understanding that, that is not an approved Town Road that it is on... Mr. Harris- I guess that is correct, it is a private road. I Councilman Olson- I personally do not know how we can addre-• ourselves to this application when it is not on a Town Road. You only have a one year lease, e permit is a permanent permit... Mr. Harris-I do not know anything ubout those particulars, all I know that my Sister lives there on the adjoining property, I like the neighborhood, I know the people, I know what they have been through I am just trying to get a permit to live there and bring up my family. 211 TOWN BOARD MEETING JULY 8, 1986. 7:33 P. M. TOWN BOARD MEMBERS Mrs. Frances Walter - Supervisor Mr. George Kurosaka - Councilman Mr. Stephen Borgos - Councilman Mr. Ronald Montesi - Councilman Mrs. Betty Monahan - Councilman ---- PRESS: Glens Falls Post Star, WBZA GUESTS: Peter Cornell TOWN OFFICIALS: Mr. Paul Naylor PLEDGE OF ALLEGIANCE LED BY: Supervisor Walter MEETING OPENED: 7:33 P.M. 4. SUPERVISOR WALTER - Stated that the first order of business was the presentation relative to the Top 0' World plans and development in the Town of Queensbury and since the approval of PUD by the Town Board there has been some changes made and now there are new owners. We would like to have the Town Board filled in on what is happening up there and will then take any action that needs to be taken. Addressed Mr. Oliver, Coodinator for the Galisi Group to introduce who is going to represent the Top 0' World. MR. OLIVER - Introduced Peter Cornell, Senior Vice President of the Top O'World project. PETER CORNELL - Senior Vice President and Area Representative - The purpose of this is to bring the Town Board up to the point of where we are since we took possession of this project on or about the first of the year. We have proceeded with the basic plan set forth by the original owners. In doing a project like this from time to time you come up against some restraints with the actual physical construction which means that we have had to move buildings as well as the previous owners had to do. For the purpose of this Board to understand exactly what is going on Mr. Richard Eats, our engineer has prepared a plan which indicates the original profile and plan of the buildings as well as the new plan. RICHARD EATS - Environmental Design, presently involved with the developers of the Top 0' World. Essentially what we have done is put a composite map together to show the Board what the Galisi Group has done over the past two or three months, also showed the Board the overlay conditions which were in existence when the Galisi Group took over. The point I want to make is that these units shown on the map are units already constructed either in total or framed, already in the ground, and some are different than the original plan. He showed the Board the actual locations their survey crews made of the sites so they would know exactly where the units are on the improved plan. The overlay shows revised phase I site plan, also units that have been split or moved because of various field conditions encountered on site. Noted that some of the footings in place are different then those originally approved and what is in the field because of water lines running through that location and because of a ledge problem there also. We had our a ae-14.;0►l crew go out and locate the buildings as approved, we found out that some conditions were very severe building conditions because the unit was hanging over the edge of a slope. This is very difficult to build under normal conditions so we suggested tying the buildings together not essentially changing the overall plans but combining them to make a more realistic plan. The other changes in these buildings are ' because of a very severe wet area again almost impossible to build on. We would like to see building zones placed around the buildings as staked in the field that are not constructed yet, this would give us some flexibility in locating these buildings that are not constructed yet. Then when our foundations are in we would like to submit to either your board or the planning board plans of that foundation so that you will know exactly where that building will be. COUNCILMAN BORGOS - Asked if the maximum movement of a building would be about twenty-five feet? 212 RICHARD EATS - Yes. The intent is not to change the overall planning, just minor adjustments, the design is still intact. SUPERVISOR WALTER - Asked what happened when a building is moved and a buyer already has a unit and the building going up next to him is not what he preceived. when he was in the sales office or it restricts him from doing what he wants to do or what he want to see. RICHARD EATS - The units are shown to the buyer as a whole concept and as part of that concept we may because of certain building restraints have to move a specific building already detailed out in the planning and if it is a drastic change, what is usually dictated by the Attorney General's Office is that we offer the purchaser the right of decision of relocation or the right to back out of the contract. COUNCILMAN MONTESI - Noted that this is the largest single development under PUD and felt very comfortable with what the planners have come back with. Asked if the changes have altered any of the density of the development? That is a considerate„) and constraint that the DEC and APA have put pressure on the Board to watch. The other question is the septic systems, has anything been done to make things better or is there going to be some problems ? PETER CORNELL - Regarding the density there is no change. On the septic issue we looked at it prior to purchase and had some reservations so we asked our engineers to come up with alternative plans as far as waste disposal. We know that it has to go through the appropriate channels but if we can come up with a better alternative system that is better for the project and better for the community at large, we hope to have the appropriate support. We think a central disposal system, central collection system would be more appropriate for projects such as this. RICHARD EATS - Alternative septic systems are in the analysis stage at this time to find out exactly where a central facility could be located. COUNCILMAN KUROSAKA - Asked if the group was planning a package plan, rather than have individual tanks there will be one large tank and leach into the ground. MR. DENNIS MACELROY - No, larger leach fields there will be clustered tanks for the solids and the fluids will be collected and pumped over the mountian to the East side to the central collections, the disposal site. COUNCILMAN MONTESI - Asked if they foresee any substantial changes in Phase I other than this these, that may require them coming back to the Zoning Board or Planning Board of Appeals, because these are the lead agencies and they are trying to address things as the changes are made so things can continue through each phase. PETER CORNELL - From past experience in developing, most municipalities give an envelope system which is illustrated on the drawing or give a latitude as far as the number of feet to move a building without having to go through the whole process, by merely notifying the Building Department of the adjusted location. When it gets beyond the extenuating circumstances which is a certain number of feet then we have to come back because there is something drastically wrong with the plan. COUNCILMAN MONTESI - Noted that he had been referring to the concept of condominiums located on the mountain in that kind of setting which does not show much commercial development, asked if that concept changed. PETER CORNELL - The only problem we have had is the sporadic spread of swimming pools throughout the project. What we would like to see is the swimming pools located in one central area. We will come back with a proposal for that type of arrangement. Noted that in dealing with the volume of water, it would be the same just centrally located. Introduced Paul Mattarazzo, the Project Director who is on site at all times and invited the entire board or anyone who wishes to visit the site to do so. SUPERVISOR WALTER - Thanked Mr. Cornell. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 177, n ed by Mr. George Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos: G10 DATE : August 10, 1986 NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a p- ..it to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance. 1. The Insurance Company must be licensed in the State of ew York 1 2. The Town of Queensbury must be named as an additio.al insured B. Inspections and approval must be made by the Queen .ury Fire Marshal and the Chief of Queensbury Central Fire Dept. C. There must be adequate parking and access fo emergency vehicles Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mr. . Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION HELD - Regarding the Fire :rshal, Fire Chief, license to do business with the State of New York and the i. -urance involved in the district this is being held. RESOLUTION TO SUPPORT PLACEMENT '4F BUOYS IN GLEN LAKE RESOLUTION NO.182, Introduced •y Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Bor: .s: WHEREAS, the homeowners a Glen Lake, situated in the Town of Queensbury, Warren County, New York have a :enuine concern about identifying rock shoals in the lake, L. and WHEREAS, the Glen L. e Association wishes to have buoys placed in the lake denoting these hazards, and WHEREAS, the Qu- -nsbury Town Board requests the New York State Bureau of Marine and Recreation. Vehicles to cooperate with the Glen Lake Association in the siting and placing o buoys in Glen Lake for the purpose of boating safety. Duly adopt-d by the following vote: Ayes: M . Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: one Ab=•nt: None :UPERVISOR WALTER - This is at the request of Mr. Ogden, President of the Glen Lake Association who has had contact with Bureau of Marine or Recreational Vehicles and they wish to have some kind of support for their request. RESOLUTION APPROVING ACTUAL STAGING OF PHASE I, TOP OF THE WORLD, PLANNED UNIT DEVELOPMENT. RESOLUTION NO. 183. Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos: WHEREAS, by resolution number 77 of 1984 the Town Board of the Town of Queensbury granted final approval for "Phase I Top O'the World" Planned Unit Development Plat, and WHEREAS, at the time of such approval the Town was not provided with a "to scale" layout detailing the location of the 46 residential units authorized by such resolution, 216 and WHEREAS, Lake George Ventures, Inc. , has acquired ownership of all of the real property within Phase I of the Top of the World Development, and WHEREAS, Lake George Ventures, Inc. , has appeared before the Town Board of the Town of Queensbury and presented testimony, expert opinion, and "as-built" plans showing the location of structures currently constructed or in construction together with the exact description of the area in which the remaining authorized structures shall be built, and WHEREAS, the Building and Zoning Department has approved and issued building permits for the structures shown on said "as-built" plans, and WHEREAS, the Town Board finds in accordance with Section 15.060 of the PUD provisions of the zoning ordinance that the "as built" plans evidence compliance with the requirements for the ratio between residential and non-residential structures, and WHEREAS, the "as-built" plans conform in spirit and interest with the conditions and requirements heretofore set by the Town Board, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the actual staging of Phase I of the Top Or the World Planned Unit Development as described in the presented "as-built" plans with the following conditions: 1. Lake George Ventures, Inc. , shall provide the Town Building and Zoning Department with an actual survey showing the footings of all structures within the quadrants or envelopes hereby approved: 2. Lake George Ventures, Inc. , shall comply with all conditions and requirements of the Adirondack Park Agency: 3. Lake George Ventures, Inc. , shall submit to the Town for its approval a Performance Bond as specified in Resolution Number 77 of 1984 or an assignment of the existing Performance bond heretofore approved by the Town. 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. Roberts as Chairman of the Planning Board for his commments. RICHARD ROBERTS - Stated that he felt very comfortable with the development. SUPERVISOR WALTER - Addressed Mr. Cornell that everything was in order and the Board would see him for phase II. COMMUNICATIONS - Ltr, Lake Geor:• Opera Festival requesting fireworks display on the grounds of the Queensbury igh School on the evening of August 2, 1986 - on file. COUNCILMAN BORGOS - Re. ested that cleanup of the area must be completed by 10:00 A.M. inculding all unexp •ded shells. DISCUSSION HELD - To incorpora - those conditions for approval of the Fire Marshal, the Fire Chief, the fact that the leanup would be completed before 10:00 A. M. the following day, and also the insu •nce to do business in the State of New York. RESOLUTION TO CONDUCT FIREWORKS RESOLUTION NO. 184, Introduced by Mr. Ronald .ntesi who moved for its adoption, seconded by Mr.George Kurosaka: 6 .jam 13 , � 1 Road but our property stops at about 500 so we are 500 feet from the pond and 70 feet above it, so I don't see much trouble. COUNCILMAN KUROSAKA-You are ly well above it and unless you encroach on the 500 feet, then it will be in the En ' nmental Impact Statement anyway. SUPERVISOR WALTE sked for further comments, none were heard, I will leave this Public Hearing oten. THIRD PUBLIC HEARING-AMENDMENT TO ARTICLE 15 PUD NOTICE OF PUBLIC HEARING SHOWN SUPERVISOR WALTER-This Public Hearing is an amendment to Article 15, which is a Planned Unit Development Article...This is the second Public Hearing we have had on this particular article. The Town Board has made some changes in the wording and felt that they were sufficient ' to have another Public Hearing. Asked for public comment? BILL RALSTON-Krolick and DeGraff, Albany, New York...We represent Lake George Venture, Inc. the owner of the Top of the World Resort Community, which is an existing planned unit development in the Town of Queensbury. There are two areas of concern in reviewing the proposed amendments, which I outlined in a letter this morning to Mrs. Walter. The first being the applicability of the new Ordinance to existing PUD's. I understand that the Top of the World is the only approved planned unit development in the Town of Queensbury at this time so I speak specifically about that. We feel and confirmed by Wilson Mathias, Town Counsel in a telephone conversation with me, that the substitutes provisions of the amendment of the new Ordinance with requirements of new PUDS, should not be applicable in subsequent site plan approval for subsequent phases at the Top of The World, because the original resolution which approved that PUD, granted the developer certain rights to build certain amenities and one specific one we know is not consistent with the proposed amendment, in the amount of commercial space allowed in a new PUD. For example...there was a restaurant approved as part of the original ordinance of approximately 10 to 11 thousand square feet which would be deemed commercial space within the PUD, your new amendment only allows 2400 square feet per 100 units which would essentially restrict them to 2400 square feet. I don't know if the amendment is silent as to its appicability with respect to existing PUD and I want to I know what the Town Boards' intent is, in regard to that issue? There is a second aspect of the amendment we would also like to address which is also outlined in the letter...this is the J lack of any provisions for changes to a final site plan approval. The way it is set up you go through the preliminary site plan approval process, then your building permit is issued which is the point where the developer goes out into the field and actually starts the construction and various conditions could mandate changes in location of buildings, drainage and roads... the amendment is silent to what happens if the developer needs to make changes in his final plan. This situation occurred in the construction of Phase I at the Top of the World and was the reason we came before the Board in July 1986 for approval of changes in the final site plan that was mandated by site conditions. Dennis Mr. McElroy, the engineer at the Top of the World, is here and asked if he would give specific details from the engineering stand point as to the type of changes that would be required. SUPERVISOR WALTER-Noted that the first issue is whether the amendment is binding on PUD already underway and if that was answered negative then you wouldn't be concerned about the next one. Because what we are requiring now in the new PUD amendment is a great deal more up front work where perhaps getting into a site location you wouldn't be finding these things you would have known about these long before. COUNCILMAN KUROSAKA-Referred to Article 15, Section .085 which says, prepared detail final site plan submitted to the Planning Board approval, except if there is more than 12 months left in the time of the Planning Board report on preliminary site plan and the Planning Board finds it changed significantly, the Planning Board may require resubmittal, it doesn't say anything about a Public Hearing. The Public Hearing usually goes with the preliminary, -- and the final approval, just to clean up the details. BILL RALSTON-I refer to that Section...if the final site plan is not completed in the twelve months according to the preliminary site plan approval, it requires the developer to go back to the preliminary site plan approval. Our concern is when final approval is granted and the building permit issued, the developer goes down on the site and finds field conditions that require a change in the final approval...it is my understanding that that Section would not be appropriate. DENNIS MCELROY-Environmental Design Partnership, I think Bill's letter clearly states the condition we ran across during Phase I. Once final approval is obtained the contractor or developer then gets into the construction phase of the project, and he recognizes at that point there might be certain site conditions that warrant changes of locations of buildings, as we ran across before in phase I, possibly changes of road locations, that type of thing which through field investigation that you go across to develop the preliminary site plan, you really don't have that type of information you need to make you aware of the changes that would occur. As Bill has pointed out in Article 15 as it exist, really doesn't address the conditions of changes. When we came to you in July, we were dealing with changes related to Phase I, there really wasn't a vehicle, except to come back to the Town Board at that time and the new Article 15 doesn't seem to address that issue and as you say...if the new Ordinance doesn't apply to the Top of the World, well then maybe we don't have to deal with that issue but other developers within PUDs that come along will have to face that situation and the proposed Article 15 really doesn't address that, at this time. COUNCILMAN KUROSAKA-We might be able to set this up as a procedure of the Planning Board. BILL BENTON-Lake George Ventures, as a developer we have developed in many other areas and have come upon PUDs and have used them, what Dennis has brought out and for your consideration is, if condition one is answered one way for us and it solves our problem, but I still think we would like to make a general comment that in our experience, what we have found is that the idea of the change is important. As a developer looking into an area if we went through the entire process and got final approval and then we went to put this into action...we are going to run into changes all the time, it is the nature of the beast...then to have to come back an administrative vehicle might be burdensome to both parties, it would be looked at one way by the developer as not being the most favorable condition. Some vehicle has to be set up to allow that developer as he actually starts to execute his final approved plan, site conditions, as they come up can be addressed and minor changes made, it does not exclude the fact that there is going to be a major change where you might require more in-depth but there has to be a cut off point and some other vehicle should be looked at to take care the site conditions. COUNCILMAN MONTESI-Most of the things you are addressing tonight regarding the Top of The World don't come close to bordering on a zoning change and noted that only if it were changing the zoning would it have to go back to the Planning Board. BILL BENTON-Referred to their Vermont operations which has all three classifications, residential, office and commercial and here again if it is a major change in the initial intent then it should come back and be reviewed but the daily executing of the final approved plan you are going to run into things that have to be changed that have to be addressed on the site. COUNCILMAN MONTESI-Noted that what they really want is to be able to address the Planning Board and not start over. BILL BENTON-Yes that is right and that way it makes life easier for everyone. SUPERVISOR WALTER-Asked for further input? COUNCILMAN KUROSAKA-No one answered whether it is applicable to the Top of the World or not. TOWN COUNSEL-It is clear that it is not applicable to them. My comments are to the substance of the nature and that is what Mr. Ralston's letter addresses. They are approved for a certain number of units and a certain type of use and that is not going to be affected by this provision. COUNCILMAN MONTESI-Asked if some type of wording could be put in to cover minor changes going back to the Planning Board and not at Public Hearing. TOWN COUNSEL-The intent of this drafts is...to me, there is tension between what the developer wants, and not to characterize the Top Of The World, but there are two sides here and one says give us some flexibility because we are building this thing and we want to move things around, the Town Board on the other hand says look we gave approval based on your statement that you were going to build these units and place them in these locations and clearly, if there is a real change between those two things you've got a legislative act that doesn't mean much. One of the changes in this new ordinance from the old one is the detail requirements of information that the developer has to submit to the town with a lot more information and by providing that information and having it you reduce the possibility of some of these unforeseen site conditions that are going to have an impact on the changes. There has got to be a relationship between what information has been given and what exist on the ground. We can provide a legislative scheme that sets up the envelope kind of approval we had, when we dealt with the Top of The World and that could be provided for any developer. This isn't included basically because I felt the information and the process that was already 18 required makes it a lot less likely that these type of changes were going to occur. COUNCILMAN KUROSAKA-Some of them are unavoidable...I think that the envelope method used for the Top of The World is the most sensible. Noted that he agreed with Counsel to leave the Ordinance as it is. DENNIS MCELROY-We recognize that in our approach when we prepare the preliminary site plan as required by Article 15, we will be submitting the new one and the information that is required in Section 15.083...there are five items of information that are required for submittal of the preliminary plan...our plans will include that information. We are prepared to submit those to the Planning Commission at the end of January or February. We have included on our site plans the envelope for the building zoned which we used to take care of the changes in phase I so we have taken in that step. The proposed step and I suppose in the review of the preliminary site plan, the Planning Commission would approve that idea for the most part, take care of those changes that might occur during construction...that envelope concept. That procedure isn't necessarily addressed...we used in Phase I, we will use it on Phase II. I would have to reinforce the fact that those changes that occur are going tb come up regardless of the conditional detail you have asked for in this Article 15. That is not going to solve all the problems or avoid the changes that are going to come up in construction...you might hit ledge in an area and you have to move the building slightly about ten feet, but even that ten feet will change under that original Article 15. COUNCILMAN MONTESI-Asked how many feet was presented on the original Envelope rule? DENNIS MCELROY-I believe it was fifty feet outside the building blueprints. COUNCILMAN MONAHAN-Disagreed with the fifty feet and objected to giving a blank check. BILL BENTON- You still have to establish some sort of envelope system, the size of the house...and fifty foot one way or the other is not a lot. COUNCILMAN KUROSAKA-Fifty is considerable...if you have a forty foot building and you move it out of fifty feet, you are moving it out of its foundation. COUNCILMAN MONTESI-For the public's information, the envelope system we are talking about still needs the approval of the Planning Board. DENNIS MCELROY-I understand that would be approved on the preliminary site plan approval, and on the final site plan approval, the envelope would be approved and the movement could occur within that zone so that when you are in construction...if that movement within that zone is necessary, that can happen without getting any further approval. Asked for one point of clarification referring to the parts of substantive parts of Article 15, when we go to site plan approval to the Planning Commission, should we be adhering to the requirements of new Article 15, so I can supply that to Stuart when we submit? STUART MESINGER-Yes, with that type of information, I would assume it would be gathered from the SGS mapping. 8:15 P. M. PUBLIC HEARING CLOSED-regarding PUD SUPERVISOR WALTER-Reopened Hearing on Over 65 Exemption-Asked for input, no one spoke, the Public Hearing was Closed. ...Reopened Hearing •n Rush Pond Designation as Critical Area, asked for input, no one spoke, Public Hearing Closed. / OLD BUSINESS \ �� SUPERVISOR WALTER-Noted the - was some old busine s regding the Town Board acting as Board of Health relative to a sew.:e variance to Jerome Bonnabea�x and we are waiting 1 for further information from this appli : t, he by telephone today, indicated that he was unable to have a meeting with the concern:d individuals and therefore he had nothing to present to the Board this evening. OPEN FORUM PAUL DAVIDSON-Pickle Hill Road, Questioned the u - of a garage accross the street being used as a mechanical garage, machine shop and developi into a junk yard, how can be be allowed to expand these operations under the provisions of e Zoning Ordinance? f c ' 13 , n 239 RESOLUTION - TOP OF THE WORLD SEWAGE - WORKS CORPORATION-SEWER RATES RESOLUTION NO. 385, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr, Ronald Montesi: WHEREAS, within the Top of the World Planned Unit Development a Sewage-Works Corporation has been formed in accordance with the Transportation Corporations Law of the State 'of New York for the purposes of providing wastewater treatment facilities for the residents within the Top of the World Planned Unit Development. and, WHEREAS, Section 121 of the Transportation Corporations Law requires that the Town of Queensbury and the Sewage-Works Corporation agree as to the reasonable and adequate rates for the collection, treatment and disposal of sewage within the Planned Unit \_-_- Development known as Top of the World, and WHEREAS, Top of the World has requested a sewer rents fee of $80 a quarter (based \.__ on water usage of 9,000 gallons per quarter plus $2.00 per 1,000 gallons over 9,000 gallons per quarter - sewage discharge to be based on water meter rates) as and for the fair and reasonable cost for the collection, treatment and disposal of sewage within the Top of the World Planned Unit Development, NOW, THEREFORE BE 11. RESOLVED, that the Town Board of the Town of Queensbury hereby sets a public hearing on the proposed rate request for sewage rates within the Top of the World Planned Unit Development which public hearing shall be held on September 28, 1988 at 7:30 P.M. at the Town office Building, Town of Queensbury, Bay at Haviland Road, Warren County, New York at which time all persons residing within the Top of the World Planned Unit Development or the agents therefore may be heard on the subject matter of the rates requested, and BE IT FURTHER RESOLVED, that the Town Clerk shall post a copy of this notice and publish the same in accordance with Town Law. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING CERTIFICATE OF SUBSTANTIAL COMPLETION RESOLUTION NO. 386, Introduced by Mrs. Marilyn Potenza who moved for its adoption. seconded by Stephen Borgos: WHEREAS, Russell Brown Electrical Contractors, Inc., pursuant to contract, has been performing electrical construction in the Activities Center and Town Office Building for the Town of Queensbury, and WHEREAS, Russell Brown Electrical Contractors, Inc., has requested that the Town and the engineer presently reviewing the project, Rist-Frost Associates, P.C. issue a certificate of substantial completion in connection with said electrical construction of the Activities Center and Town Office Building for the Town of Queensbury, and `._, WHEREAS, Rist-Frost Associates, P.C. has advised that the electrical construction of the Queensbury Center has reached a point where such certificate of substantial completion may be executed by the Town, subject to completion of items of work outlined in a letter dated August 19, 1988 by Rist-Frost Associates, P.C. to Russell Brown Electrical Contractors, Inc., NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance of a certificate of substantial completion to Russell Brown Electrical Contractors, Inc., subject to completion of items of work outlined in a letter dated August 19, 1988 by Rist-Frost Associates, P.C. to Russell Brown Electrical Contractors. Inc., such substantial completion certificate to indicate that the date of substantial -6:d, '#i Q_Ai.icigg more specifically set forth in said agreement, the same being incorporated herein, and to be • retained by the Town Clerk as a part of the minutes of this meeting. Section 2. Said water district extension shall be bounded and described as se forth in Schedule "A" annexed hereto and made a part hereof. Section 3. This resolution is subject to a permissive referendum as provided by Section 209-e of the Town Law. Section 4. If after the expiration of the time for filing a petition requesting that this matter be submitted to a referendum of eligible voters within the proposed extended district, no such petition is timely filed with the Town Clerk, she shall file a certificate stating such fact in the Office of the Warren County Clerk. I Section 5. The approval of the extension of the Queensbury Water District is condition upon Town Board of the Town of Queensbury and the aforesaid developers entering into an agreement revising and amending the previous agreement entered into between the parties such that the payment of the capital contribution costs for the Water Plant and Appurtenances is completely paid upon such terms and conditions as may be agreed to by the parties. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. l3orgos Noes: None Absent: Mr. Kurosaka SCHEDULE A. All that certain parcel for land situate in the Town of Queensbury, Warren County, New York, located westerly of the easterly line of Bay Road, in said town, and which parcel is bounded and described as follows: , i BEGINNING at a point in the westerly/bounds of Bay Road at a distance of 685.5 feet northerly of the centerline of Blind Rock Roadf'and which point of beginning is the southeast corner of lands of Gerald V. and Delores W. West; running thence from the place of beginning, in a westerly 1 direction for a distance of 200 feet, more or less, to the southwest corner of said lands of West; thence in a. northerly direction f9'r a distance of 100 feet, more or less, to the northwest corner of said lands of West; thence it a westerly direction, along the division line between Lot 39 of the First Division of the Queensbury Patent on the South and Lot 40 of said patent on the North, and along the southerly line,bf lands of Arthur E. and Gertrude E. Thornton, and the northerly line of lands of Continentaj'Insurance Company, for a distance of 964.4 feet more or less, to an iron pipe marking the southwest corner of said lands of Thornton, thence in a northerly direction, along the westerly line of said lands of Thornton, and the easterly line of lands of Glens Falls Real Estate Company,;for a distance of 770 feet, more or less, to the southwest corner of lands of Charles R. Barber; thence in an easterly direction, along the southerly line of said lands of Barber, and the southerly line of lands of Ilarry C. Prutsman, et al. and along the northerly line of said lands of T • rnton, for a distance of 1527 feet, more or less, to the westerly line of Bay Road, thence in southwesterly direction, along said westerly line for a distance of 175 feet, more or less; t nce easterly , crossing Bay Road, to the southwest corner of lands now or formerly of Ellen J. Ili is; thence southerly, along the easterly line of Bay Road for a distance of 345 feet, more o less, to the easterly extension of the southerly line of said lands of West; thence westerly, c ossing Bay Road, to the place of beginning, and containing approximately 18 acres, more or 1 ss. Town torney, Paul Dusek-Requested the #5 in resolution number 404 be added.. Agreed to by the Town Board. PUBLIC HEARING TOP OF THE WORLD SEWER RATES Town Clerk-Noted that. the public hearing on the Top of the World Sewer Rates was advertised properly and was posted on the official bulletin board. Supervisor Borgos-Opened the Public Hearing, asked for comments from the public... • Let me explain briefly to the public what the situation is related to the Top of the World Utility Company Sewage Works Corp. is there anyone here representing that group? Dennis would you come forward and identify yourself and say a few words on why this is needed? We went through this last year and it kind of died and we are back again. Dennis McElroy-from the firm of Environmental Design-We are the engineers for the Lake George Ventures, the developers of Top of the World PUD. The waste water disposal within the Top of the World PUD is handled as a private utility company which also combines the water supply. Tonight we are proposing a resolution for establishment of the rates for the sewer works, again this is a private entity within the district of the PUD, the rates are as the law is written. Within New York State the Town Board has to pass judgement on the rates that are established for that even though it is a private corporation. Supervisor Borgos-I was made aware of this for the first time last year, I think all of us were, we didn't realize that the law does require us to do this, this would impact only on the residents of Top of the World, is that right? Dennis McElroy-That is correct. Supervisor Borgos-The only ones that would be expected to pay it. Dennis McElroy-That is correct, there will eventually be 170 residential units and the sports complex building which would be part of their facilities.... Councilman Montesi-What does this translate so that 9000 thousand gallons of water per quarter, 36,000 gallons per year that is, just so that people have an understanding of what the sewer rate will be up there, thi:; is a ?ublic forum. We have charged, and this is a comparison in our sewer district, we have charged $50.00 one third of the sewer cost of your sewer bill $50.00 for up to 75,000 gallons and anything over that is a pretty substantial fee. Dennis McElroy-For your water use? Councilman Montesi-Water in water out sower, you know the sewer cost. Our sower cost in the Town of Queensbury is based a third on water flow a third on assessed valuation and a third on the size of the lot. The third that is based on the water flow we have set 75,000 gallons as a $50.00 fee. That is only one third of the total cost of .... Supervisor Borgos-That is not quite yet finished, that will soon be a subject of a public hearing. Councilman Montesi-What I am getting at is that my sewer bill at my house on 100,000 dollar value is about $450.00 what is a 220,000 dollars, and that is getting capital back, you guys have already put the sewer in here Dennis McElroy-That is correct. Councilman Montesi-What's a 200,000 dollar condo on the Top of the World looking at for a yearly sewer tax? • Dennis McElroy-$320.00 provided that they do not exceed the base rate, but that is unlikely in consideration of the usage that those units will see. Councilman Montesi-For 36,000 gallons of flow a year you are looking at $300.00 Dennis McElroy-$320.00 that is correct. It is strictly based on usage, not on any assessed value. Supervisor Borgos-Just for the record, since there does not appear to be anyone else here, and you are representing the owners, did you properly publish this. Town Clerk-Darleen Dougher-This was advertised and posted properly. Dennis McElroy-Lake George Ventures had made this aware through the home owners association as well. Supervisor Borgos-Any further questions? ooq Councilman Monahan-Dennis, which location of the sports complex? Dennis McElroy-It is right in the location as you may remember of the old log building. Councilman Monahan-I was wondering if that was still there? Dennis McElroy-No, that was removed and a new building put in, it is approximately the same size. Supervisor Borgos-Thank you sir, is there anyone else that wishes to speak about this subject? If not we will stop the public responses ... • N. W. Bodenweiser.-Fire Marshal-In relation to the fact that this is a sewer and water district.... Supervisor Borgos-This is just regarding the rates to be charged in relation to the sewers. N. W. Iodenweiser-My concern was does this have any effect on the water, in the fact that the water district, we do not cover any part of the water district in this resolution correct, strictly • Supervisor Borgos-That is correct, strictly to sewer rates. N. W. Bodenweiser-That is all I wanted to know. Councilman Montesi-The only mention in the sewer bill was that they use them as a guide they use water meter in as sewer is water out, water in water out. Supervisor Borgos-Closed the public hearing. RESOLUTION OF TOWN BOARD AGREEING TO PROPOSED SEWER RATES TO BE SET BY zit( THE TOP OF THE WORLD SEWAGE - WORKS CORPORATION RESOLUTION NO. 405, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: 4 WHEREAS, within the Top of the World Planned Unit Development a Sewage-Works Corporation has been formed in accordance with the Transportation Corporations Law of the State of New York for the purposes of providing waste-water treatment facilities for the residents within the Top of the World Planned Unit Development, and, WHEREAS, Section 121 of the Transportation Corporations Law requires that the Town Board of the Town of Queensbury and the Top of the World Sewage-Works Corporation agree as to the reasonable and adequate rates for the collection, treatment and disposal of sewage within the Planned Unit Development known as Top of the World, and, WHEREAS, Top of urn World has requested a sewer rate fee of $80 a quarter (based on water usage of 9,000 gallons per quarter) plus $2.00 per 1,000 gallons over 9,000 gallons per quarter (sewage discharge to be based on water meter reading) and WHEREAS, in the previous resolution the Town Board of the Town of Queensbury set a public hearing on the proposed rate request and directed that the Town Clerk publish a copy of the notice in accordance with the Town Law, and WHEREAS, a public hearing was held on the 28th day for September 1988, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds, based on the information presented at the public hearing, that a sewer rate of $80.00 a quarter (based on water usage of 9,000 gallons per quarter) plus $2.00 per 1,000 gallons over 9,000 gallons per quarter (sewerage discharge to be based on water meter reading) is a fair and reasonable cost for the collection, treatment, and disposal of sewerage within the Top of the World Planned Unit Development, • and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute on behalf of the Town of Queensbury, a written agreement with the Top of the World Sewage-Works Corporation which indicates that the Top of the World Sewage-Works Corporation and the Town of Queensbury agree that a sewer 9 rate is to be $80.00 per quarter (based on water usage of 9,000 gallons per quarter) plus $2.00 per 1,000 gallons over 9,000 gallons per quarter (sewerage discharge to be based on water meter reading). Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos • Noes: None Absent: Mr. Kurosaka OPEN FORUM Supervisor Borgos-Noted that he had spoke to Councilman Kurosaka and he said he wo d be here for this meeting but at this point I do not see him, I understand he was around y••terday or the election, I have no explanation for why he is not here. Co. cilman Montesi-Mr. Tucker, I have asked the Town Clerk to make a copy of he comments rega .ing providing other municipalities with water for you. Counci • an Potenza-I have a request about street lighting at 34 Holden A -nue from Mrs. Close and will • •ss that to the lighting committee... Supervisor B. :os-Mr. Montesi will be pleased to accept this request :nd investigate it and let us know his rec•mmendation. Paul Dusek-Town • ttorney-Perhaps this would be the opportun' y to address the comment that Mr. Tucker had mad. at the last meeting. There has been a r-quest as to the status of Mr. Kurosaka and his ability to keel is position in light of the illness whi• I indicated that at the time, I tried to do some quick -search and I could not find what I eeded. I have since done the research and perhaps I could repo to the Board. I think in genet: terms although I have several sections of the law that I can refer to and sight I do not think I ill go into them unless the Board desires, I think generally speaking t` •ugh it would appear tha an illness such as being suffered by Mr. Kurosaka is not sufficient gr. nds to cause a remov• unded the law from the position as Councilman, at least at this point in time i would be my opinio that he properly holds his seat even though he is not able to attend the mee ings. The prim: ily reason is because he is not just carelessly or frequently missing meetings b rather he h: a good reason for missing those meetings at this point in time. There are a coule of oth: • questions I guess kind of relate to that, there is a procedure for removal of Town a fficia . however the procedure looks towards things such _ as misconduct, mal-administration, m -f•asance those type of things which I think under the circumstances would not be provable. ,,ie other aspect of the question at least in my mind, there is a question if a vacancy shoul. ar :e how is it resolved, on the Town Board, it would be resolved by Town Board Members A•.ointr ig a new member to the Board. But at this point, generally speaking my opinion wo • be that there are not sufficient ground to remove Mr. Kurosaka. Pliney Tucker-Ward 4 Queensbuf•y-I would justsgs I set there and heard the report I would just like to clear the air. I do not believe I came herwith a gun in my hand wanting to eliminate George, my reasoning for questioning the Board was that the man had been ill and seriously ill and there had been no comments made by anyone in'•authority what the situation was. Supervisor 13orgos-We knew there was no malice in youi:heart, there had been an extensive article in the newspaper several weeks ago, who had interviewed,•Mr. Kurosaka's family and had comments about his illness and the probable duration of the illness and that type of thing. Pliney Tucker-I missed that. My reasoning behind it was thaa,,before the Ward System went into effect what is now Ward I did not actually have anyone from twat area on the Board and what brought about the Ward System which helped it a great deal was'that situation. My reasoning was and concern was; and people had commented to me, was what George's status was. Supervisor/Borgos-When I spoke with him Monday he said he was fee • g quite well he did expect to have po under go some surgery in the near future. He did expect to a here tonight. I am surprised and disappointed that he is not. Councilman Potenza-I would like to congratulate the Citizens of Queensbu for their turn out ----v that they had in the election yesterday, and how pleased I am with the resul •.