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2008-03-19 SP. MTG.#12 JOINT MEETING WITH COU SPECIAL TOWN BOARD }.IEETING 03-19-2008 }'ITG. #12 JOINT MEETING WITH WARREN COUNTY 547 SPECIAL TOWN BOARD MEETING MARCH 19, 2008 6:30 P.M. WEST GLENS FALLS VOL. FIRE CO. STATION 1 33 LUZERNE ROAD, QUEENSBURY, N.Y. MTG. #12 RES. 188-189 JOINT MEETING TOWN OF QUEENSBURY /WARREN COUNTY EMINENT DOMAIN PUBLIC HEARING (Attached to this meeting stenographer's transcript of the public hearing) Town Board Meeting Continues Supervisor Daniel Stec Councilman Anthony Metivier Councilman Ronald Montesi Councilman John Strough Councilman Tim Brewer RESOLUTION AUTHORIZING FOIL APPEAL DENIAL LETTER RESOLUTION NO. 188, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, John Aspland has sought to obtain copies of notes from Town employees to the Town Board regarding the Town's selection of legal counsel pursuant to the Freedom of information Law (FOIL); and WHEREAS, the Town Clerk, as Records Access Officer, has denied access to these notes on the basis that they are exempt from disclosure as "intra-agency materials" pursuant to FOIL; and WHEREAS, Mr. Aspland has appealed that denial by letter of February 29th; and WHEREAS, the Town Supervisor has prepared a draft letter in SPECIAL TOWN BOARD }.IEETING 03-19-2008 }'ITG. #12 JOINT MEETING WITH WARREN COUNTY 548 response to the appeal setting forth the reasons for the denial. NOW, THEREFORE, BE IT RESOL VED, that the Town Board authorizes the Town Supervisor to fOlward the letter to Mr. Aspland as explanation of the denial and also provide a copy to the New York State Committee on Open Government pursuant to the Public Officers Law. Duly adopted this 19th day of March, 2008 by the following vote: A YES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 189, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 19th day of March, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury 10 11 12 1 1 2 3 JOINT EMINENT DOMAIN PUBLIC HEARING OF WARREN 4 COUNTY AND THE TOWN OF QUEENSBURY, NEW YORK 5 6 7 WARREN COUNTY ROUTE 28 8 CORINTH ROAD/MAIN STREET 9 BROAD STREET, P.I.N. 1753.80 13 Public Hearing to provide an opportunity 14 for individuals to become acquainted with the 15 proposed improvements to County Route 28, held 16 at the West Queensbury Fire Department, Glens 17 Falls, New York on March 19, 2008 at 6:30 p.m. 18 before Joan A. DeCaro, Court Reporter and 20 19 Notary Public. 22 21 A-P-P-E-A-R-A-N-C-E-S: 23 24 25 WILLIAM E. LAMY Warren County Superintendent of Public Works Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 16 17 18 19 20 21 22 23 24 25 2 1 BRIAN N. HUMPHREY, 2 Deputy Superintendent of Public Works 3 4 JEFFREY E. TENNYSON, 5 Deputy Superintendent of Engineering/Environmental 6 7 8 9 DANIEL G. STEC, 10 Supervisor, Town of Queensbury 11 12 TIMOTHY BREWER, Dep. Supervisor & Councilman 13 JOHN STROUGH, Councilman 14 RONALD MONTESI, Councilman 15 ANTHONY METIVIER, Councilman DARLEEN DOUGHER, Town Clerk MILLER, MANNIX, SCHACHNER & HAFNER, LLC BY: ROBERT H. HAFNER, ESQ. LEAH EVERHART, ESQ. MICHAEL SHAW, Sewer Superintendent STUART BAKER, Senior Planner BUD TAYLOR & WILLIAM KENNEY City of Glens Falls Board of Supervisors Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - -"--'-------~~---_._-_."-_._.~.,_._~-_. 3 1 INDEX TO EXHIBITS 2 No. Description Page 3 1 Affidavit of Mailing 5 4 2 Affidavit of Mailing 5 5 3 Letters to homeowners 5 6 4 Transportation Project Report 5 7 8 5 Brochure 76 9 SPEAKERS Name Page William Lamy, Superintendent Public Works Warren County 5 Daniel Stec, Supervisor, Town of Queensbury 11 William Lamy 19 Ray Rumanowski Clough Harbour & Associates, LLP 23 Don Fletcher, Barton & Loguidice 35 Daniel Stec 46 Richard Hite, RK Hite 60 Robert Hafner, Esq. Counsel to Town of Queensbury 67 Daniel Stec 75 Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 20 21 22 23 24 25 10 11 12 13 14 15 16 17 18 19 -. -""~"--"'-'<._'------~--"--~---~,>~-~"->~,--,, .....-.-.... 4 1 William Lamy 75 2 3 William Dow, National Grid 77 4 5 Trina Steves 83 6 7 Karla Buettner, Esq., Representing Cumberland Farms 84 8 9 William Miller, Cumberland Farms 88 Karla Buettner 90 Mark Zoller 91 Patricia Evans 93 Dawn Clifford 98 John Reilly 100 Keith Cavayero 103 Don Kruger 105 Raymond Ash 107 Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 - ---'--------_._-----_."..,----_._._-...~ Public Hearing Town of Queensbury and Warren County 5 1 (Exhibits 1 through 4 were 2 marked into evidence prior to start of 3 hear ing . ) 4 MR. LAMY: My name is Bill Lamy. 5 I'm the Superintendent of Public Works 6 for Warren County Department of Public 7 Works, and Warren County is the lead 8 agency in the project. We have 9 partnered with the Town of Queensbury 10 and the City of Glens Falls in 11 enhancing this road improvement 12 project, Corinth Road, Main Street and 13 Broad Street, Route 28. I would like 14 to welcome you to our joint Eminent 15 Domain Public Hearing that is 16 sponsored by Warren County and the 17 Town of Queensbury. 18 The purpose of the hearing is to 19 review the design alternatives 20 prepared for the construction of 21 County Route 28 from Big Bay Road to 22 Hudson Avenue in the Township of 23 Queensbury and the City of Glens 24 Falls. You will receive presentations 25 by most of the panel up here. We have Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 17 18 19 20 21 22 23 24 25 -"^---,._-~-_.,_._._~---_.-......_.._---_._, Public Hearing Town of Queensbury and Warren County 6 1 County personnel, we have Town 2 personnel. The county is represented 3 by Cough Harbour, also RK Hite. The 4 Town of Queensbury is represented by 5 Miller, Mannix, Schachner and Hafner. 6 First, there will be no drugs, 7 alcohol or smoking on or around the 8 property. Second, the fire exits are 9 located to my right, your left. There 10 are exits in the rear of the building 11 as well, and I believe rest rooms are 12 located in the building. 13 This is a copy of the hearing 14 brochure that is available on the desk 15 where you came in. If you have not 16 picked one up, certainly feel free to go over and do that. The brochure contains a project description, the project objectives and the anticipated project schedule. On the table with the brochures, there are also comment forms. And in order to speak when it gets to that point of the process, we ask you to fill in the blue card and return it, Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 7 1 and you will be called upon to speak. 2 The hearing is going presented 3 in two parts. The presentation of the 4 project will be first. Then that will 5 be followed by the comment period from 6 any of you that desire to do that. 7 During the first part, the County and 8 the Town representatives will explain 9 the project purpose and the 10 background. They will discuss the 11 design alternatives and the real 12 estate procedures. We expect that 13 this will take about thirty minutes. 14 After the presentation, we will take a 15 short break and when we resume, we 16 will give the opportunity for anybody 17 that wants to state their concerns or 18 their support of the project. 19 The reason we are here tonight 20 is not only to present the project, 21 but we want to hear your views about 22 the project. The hearing is not 23 intended to be a question and answer 24 period, but we certainly want you to 25 feel free to state any of your Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 8 1 concerns. You're certainly going to 2 be given the opportunity to ask 3 general questions about the project. 4 If you get down to a specific question 5 that is detailed about your own 6 individual lot, Clough Harbour has a 7 staff in the rear of the room. The 8 real estate people are here. During 9 one of the breaks or after the 10 presentation, it probably would be 11 most effective for you to seek out one 12 of the staff people and zero in on the 13 particular concern that you may have 14 on your specific lot. 15 I will be calling speakers using 16 the blue card system. I urge you to 17 fill that out. If you decide that you 18 don't want to speak, but you would 19 like to submit written comments, we 20 have a form that you can certainly put 21 down any of your written comments on 22 and that should be returned to my 23 attention at the Warren County 24 Department of Public Works. Whether 25 you speak or whether you write, all Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 9 1 your comments carry the same weight. 2 It's just whatever you are the most 3 comfortable doing. 4 The design public hearing for 5 this project was held on August 25th, 6 2004 satisfying the provisions of 7 Title 23, U.S. Code Section 128, which 8 requires public hearings on major 9 highway projects. This hearing was 10 conducted in accordance with the 11 requirements of the u.s. Federal 12 Highway Administration Federal Aid 13 Policy Guide 23 of CFR 771, 14 Environmental Impact and Related 15 Procedures in accordance with Article 16 2 of the Eminent Domain Procedure Law 17 of New York State, and Article 8 of 18 the Environmental Conservation Law in 19 New York State. Due to the length of 20 time which has elapsed from this 21 hearing date, a second Eminent Domain 22 Public Hearing is required in order to 23 continue the right of way acquisition 24 for the highway project. 25 Also tonight the Town of Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 15 16 17 18 19 20 21 22 23 24 25 -_._._----------~-_._--~----_..- Public Hearing Town of Queensbury and Warren County 10 1 Queensbury is conducting a similar 2 public hearing concerning right of way 3 easements for utility upgrades in the 4 project area. Supervisor Stec from 5 the Town and his staff will present 6 these elements of the project 7 following the County's presentation. 8 The purpose of the hearing has 9 multiple objectives and I will read 10 them: 11 A. It's to meet the legal 12 requirements of Article 2 of the 13 Eminent Domain Procedure Law, and that 14 had been incorporated in a notice which is part of the record. B. To provide information of the project background and the activities that have led up to the hearing. C. To describe the project, the public use, benefit or purpose to be served, and the anticipated project schedule. D. To explain the property acquisition process. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 11 1 E. To receive public comment 2 and documents. 3 F. To provide information as to 4 the next steps, and, 5 G. The next step for the Town 6 of Queensbury will be considering the 7 comments, whether verbal or written 8 that are made here tonight. 9 MR. HAFNER: Bill, not to 10 interrupt, but the Town Board of 11 Queensbury, they have to formally 12 start the meeting. 13 MR. LAMY: Absolutely. 14 MR. HAFNER: Why don't we have 15 them do that now. 16 MR. LAMY: Sure. 17 MR. STEC: Thank you. 18 Good evening, everyone. Thank 19 you for attending this evening. This 20 is an important project. We are 21 delighted this much interest. I know 22 the subject at hand is one that is 23 often written about in newspapers and 24 near and dear to everyone's heart, 25 because it involves property, in Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 12 1 particular, many of your properties. 2 My name is Dan Stec. I'm the 3 Town Supervisor, and present tonight 4 is the rest of the Town Board and the 5 Town Attorney who I will introduce to 6 all of you. Present tonight are 7 Timothy Brewer, the Deputy Town 8 Supervisor and Councilman, and to my 9 left respectively are Councilman 10 Anthony Metivier, Councilman Ronald 11 Montesi, Sr., Councilman John Strough. 12 Robert Hafner is here tonight from the 13 firm of Miller, Mannix, Schachner & 14 Hafner, who represent the Town of 15 Queensbury, along with Town Attorney 16 Leah Everhart, and to my right from 17 Barton and Loguidice is Don Fletcher, 18 one of the town's consultants on the 19 project. Again, we are happy to have 20 you here tonight. 21 I will echo but I wouldn't 22 repeat a lot of what Bill said, that 23 the purpose of this is to receive 24 comments on the project, in 25 particular, the impact that you mayor Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 13 1 may not have to property with respect 2 to the Eminent Domain or condemnation, 3 the scope of the big picture on the 4 town's end of the project, and, that 5 is, while the county's focus is the 6 roadway and the physical improvements 7 you will see above ground by way of 8 curbing, sidewalks and asphalt, the 9 Town has responsibilities to the 10 project here for utilities that are 11 under ground. By utilities, I mean 12 the County's water line needs to be 13 replaced, a new sewer line will be 14 installed, and, of course, the 15 electrical utilities, the cable, 16 telephone, and electrical power. When 17 we say "utilities", we do mean all 18 three of those, electric, water and 19 That is the purpose of ours as sewer. 20 well. 21 We are behind the County, not to 22 say we should be, but they are farther 23 along on the processes than we are. 24 You met -- we both hired the same 25 consultant, RK Hite. A lot of you had Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 14 1 contact with RK Hite already. 2 Certainly, you probably have been 3 dealing with RK Hite on the County's 4 needs for property for the road 5 portion. It's my understanding they 6 also have, they want to let you know 7 they will be back, probably the same 8 folks you have been talking to, will 9 be back on behalf of the Town in the 10 near future for the underground 11 utilities, which will be a different 12 set of easements that the Town will 13 need for our uses. 14 But it's a similar process. 15 We're both required to follow the same 16 process, which is why we felt rather 17 than drag you out two nights 18 inconveniencing everyone twice, we 19 will combine the proceedings here 20 tonight and kind of do it in a one 21 stop shop. 22 We do have several members of 23 the Town staff here tonight, our sewer 24 superintendent, Mike Shaw, is here, 25 and our Senior Planner, Stuart Baker Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 15 1 is here. And also as a courtesy and 2 I'm very happy to have them here, two 3 Glens Falls Supervisors on the County 4 Board that serve with me are also 5 here, and that is Bud Taylor and Bill 6 Kenney, again, both from Glens Falls 7 and we're happy to have them here as 8 well. I'm kind of wearing two hats 9 here tonight, the County hat and the 10 Town hat. But I did want to do that 11 and also I want to recognize our Town 12 Clerk, Darleen Dougher, who is here, 13 and the stenographer tonight is Joan 14 DeCaro. She will be taking down steno 15 notes tonight and later when we get to 16 her portion, there will be somebody 17 that will remind you, don't do what I 18 just did and ramble on and sayan 19 awful lot really fast during a short 20 period of time, because she will 21 transcribe verbatim what is being 22 said. 23 Again, I think Bill may have 24 mentioned the sign-in cards for anyone 25 who wants to speak, sign the cards. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 16 1 She may interrupt. We will give her 2 the green light at the beginning that 3 if she doesn't catch something and she 4 needs to for her record, if all of the 5 sudden Joan at the end of the table 6 interrupts you, that is why. 7 The final thing I want to do is 8 thank the West Glens Falls Fire 9 Company for allowing us to use their 10 facility tonight rather than having 11 everyone come to Town Hall in trying 12 to be a little more convenient for 13 With that said, I will hand everyone. 14 it over to our attorney, Bob Hafner, 15 who will go through some more of the 16 legalese. 17 MR. HAFNER: To some extent you 18 will hear similar things said more 19 than once. The reason I just want to 20 warn you, not that we will change, 21 because we have to follow the same 22 process for Eminent Domain, we are not 23 having one public hearing. We are 24 having two public hearings that are 25 happening at the same exact time. The Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 17 1 Town has to make sure it dots its i's 2 and crosses its t's, just like the 3 county has to. I want to remind you, 4 as Bill did, that there are two 5 separate projects that are being 6 discussed. Bill talked about the 7 County's project of widening the road. 8 And Dan went through the Town's 9 projects. The Town, just to remind 10 you, has three sub-projects to its 11 public purpose here tonight. They all 12 revolve around utilities and the need 13 to have, to make sure we have enough 14 easements so that we can deal with the 15 utility work that will result as part 16 of the County's road widening. There 17 is first the water replacement. There 18 are water lines which will be replaced 19 at the same time as this road project. 20 The Town is going to be putting in a 21 sewer line. You will hear about that 22 later. And the third thing and that 23 probably most of the Town's discussion 24 tonight may explain is the 25 undergrounding of utilities along the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 18 1 Main Street Corridor in the Town of 2 Queensbury. The County, I believe, is 3 looking for fee ownership. They will 4 own the land under the road. We are 5 looking for what is called an 6 "easement," which is a right to use. 7 We are going to have, as part of the 8 Eminent Domain process, we will end up 9 with an easement that grants us the 10 right to use a portion of the property 11 that is going to be described later 12 tonight for use for our various 13 utility purposes, which I explained, 14 water, sewer, and undergrounding of 15 all sorts of utilities, power, 16 electric, gas, telephone, cable, any 17 other utilities that might be there. 18 But I want to explain we are going to 19 be taking an easement. 20 As I already explained, Bill 21 Lamy will handling the meetings for 22 the County, and Dan Stec for the Town 23 Board. 24 Bill, we are back to you. 25 Very good. I miss my MR. LAMY: Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 19 1 Teleprompter here. Just got a couple 2 of more formalities to go through 3 before we get into the presentation. 4 Let me touch on the hearing process. 5 There will be a formal presentation, 6 once again, with the project history, 7 the project design presented by 8 Clough, Harbour and Barton & 9 Loguidice. There will be a discussion 10 of the project acquisition process by 11 RK Hite. Then we will receive public 12 comment, oral and/or written, and 13 documents. We also receive 14 comments and documents will be 15 received until the close of the 16 hearing -- and how many days do we 17 keep the hearing open? 18 Okay, I must state once again 19 like Dan said a transcript is being 20 prepared, it will be available for 21 examination and copying. And at this 22 time I need to read the notice that 23 appeared in the paper. 24 A legal notice concerning the 25 County's hearing was published in the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ------------..- Public Hearing Town of Queensbury and Warren County 20 1 Post Star and the Albany Times Union 2 on March 4th through March 8th, 2008 3 and was also sent certified mail, 4 return receipt requested, to each 5 affected individual and/or entity 6 based on the assessment billing 7 records. 8 Bear with me as I read this 9 notice. "Notice of Public Hearing 10 pursuant to Eminent Domain Procedure 11 Law Section 202, paragraph C. Please take notice that in accordance with New York Eminent Domain Procedure Law, Section 202 C, notice is hereby given of a public hearing regarding the proposed public project, project identification number 1753.80 to reconstruct an approximately 2.9 kilometer section of Corinth Road, Main Street, Broad Street, County Route 28, from 160 meters west of the intersection with Big Bay Road in the Town of Queensbury, extending easterly to the intersection with Hudson Avenue in the City of Glens Falls, Warren Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 21 1 County, New York. 2 The public hearing will be held 3 on March 19th, 2008 at 6:30 p.m. at the West Glens Falls Firehouse, 4 5 Station Number 1, located at 33 6 Luzerne Road, Queensbury, New York. 7 The purpose of this hearing is to 8 outline the project's purpose, 9 proposed location and alternate 10 locations, if any, and to present other pertinent information, including maps and property descriptions of the properties to be acquired and adjacent parcels. Persons may appear in person or by agent and will be given the opportunity to present oral or written statements and to submit other documents or information concerning the proposed project. Questions regarding the hearing may be addressed to William E. Lamy, Superintendent, Warren County Department of Public Works, 4028 Main Street, Warrensburg, New York 12885. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 22 1 Telephone number, 518-761-6556. 2 Americans with Disability Act 3 Notice. To request accommodations for 4 a disability, please call Kevin J. 5 Hajos at Clough, Harbour and 6 Associates, LLP, 518-453-8256. Please 7 request those accommodations three 8 days in advance of the meeting so we 9 can seek to meet your needs." Thank 10 you. 11 At this time the County exhibits 12 that will be entered into the record, 13 number 1 is an affidavit of mailing, 14 number 2 an affidavit of public 15 notice, number 3, certified public notice letters, and number 4, final design report, dated April 2005. Before I turn the microphone over to Clough, Harbour, I want to make a couple of other introductions. With me is Jeff Tennyson, the Deputy Superintendent for Engineering for Warren County Department of Public Works, and at this time I will also introduce Ray Rumanowski, a partner at Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 23 1 Clough, Harbour who will give the 2 presentation. With Ray is his staff 3 member, Kevin Hajos, in the back of 4 the room. With that, I will turn the 5 mic over to Ray. He will start with 6 the presentation. 7 MR. RUMANOWSKI: Everybody hear 8 me okay? All right. Thank you, Bill. 9 Thank you, Supervisor Stec. 10 Good evening, ladies and gentlemen. My job tonight is to present to you what is going on as far as the improvements for Corinth Road. The project has had a long history. We started working on this back somewhere in 1998-1999. It started out with project scoping phase where we took traffic counts, so forth, kind of came up with how big an improvement was needed for the project. I will go through that later on in my presentation. Then in 2001, we began the preliminary design and environmental studies to determine the exact location of where the road is, Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 24 1 where the impacts will be. We had a 2 public informational meeting back in 3 July 01. Then New York State DOT 4 said, okay, the project shouldn't go 5 from Big Boom Road to Glens Falls. 6 You have to use the area underneath 7 the Northway. Okay, so that was added 8 to the project. They evolved concepts 9 of the Exit 18 area in 2003, and we 10 put together a Final Design Report, 11 and we had a public informational meeting in April of 04. As Bill mentioned, August 25th, we had the design public hearing and first EDPL hearing. The reason why we are here tonight, the statute of limitations on the first EDPL hearing had expired, we had to conduct a second one for the highway project, and we are here to do that tonight so we can continue the right of way acquisition process for the highway work. The project extends from Indiana Avenue which is just west of Big Bay Road and goes all the way down to the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 25 1 Y at the hospital by Hudson Avenue and 2 Stewart's in Glens Falls. The main 3 project objective is to improve the 4 overall traffic conditions. That is 5 why we are doing the highway job for 6 the most part. 7 As you can see on the next 8 slide, we did an analysis of the 9 traffic. It is heavy, okay. If you 10 look at that slide, the yellow says 11 okay, it's working pretty good today. 12 You get to the blue, it's getting 13 worse, and at red you have gridlock 14 conditions in the peak hours. You're 15 all probably aware of that traveling 16 every day. But as time goes on I 17 have to go back here, it's not 18 cooperating -- in 2015, if we didn't 19 do anything, you can see all of the 20 intersections all have red dots on 21 them, meaning it will be total 22 gridlock on the route. So that is the 23 main purpose of the project. 24 Other things we want to do while 25 we are in there is the pavement is Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 26 1 pretty bad, improve the drainage. A 2 nice rainy day like today, you see 3 puddles. There are no drain systems 4 out there. We wanted to add that on 5 as part of the project. 6 We also wanted to improve 7 bicycle accommodations. I saw driving 8 up here today people trying to walk in 9 amongst the traffic and the puddles, 10 it's difficult. We wanted to solve 11 this as part of the project. 12 I mentioned the top three, but 13 there are some secondary things we 14 want to do as we are going through. 15 In design of the road, we want to try 16 and keep the impacts to your property 17 at a minimum. We also want to work with the Town. It's desirous to have underground utilities, add water and sewer, and also develop the corridor as a gateway, something for the area to be proud of as an entranceway into the Town of Queensbury and the City of Glens Falls. What we looked at back in the scoping phase were four Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 27 1 different alternatives. They are all 2 on the screen there. First of all is 3 the no build. That's if we did 4 nothing. I will show you on the 5 slide, every intersection operates on 6 a level such as this, which is 7 gridlock; it doesn't fulfill the 8 project objectives. The pavement gets 9 worse and worse. There are no 10 facilities for pedestrians and 11 bicycles. 12 We looked at a five-way 13 intersection through the area. That 14 surely will improve traffic. It will 15 make it level, you will see everything 16 better and it means everything works 17 fine. But it requires the taking a 18 lot of property, 4.6 acres. We would have to acquire 40 residences and take commercial properties, and the cost is well over 10 million dollars. We thought, what else could we do? So we looked at a four lane section. It gives us the traffic improvements we desire. But it has a disadvantage, Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 28 1 with no center turning lane. If 2 somebody tries to turn left, it will 3 block the lane which will degrade the 4 capacity of the roadway. Also it 5 requires a lot of property, 6 approximately 30 residences, 7 commercial properties, and it was 8 nearly 9 million dollars. 9 Then we looked at a three-lane 10 intersection. Again, it provides 11 suitable traffic operations, but it 12 requires a lot less property, and we 13 can squeeze the three lane section 14 throughout the area without having 15 acquisitions to the area, and its cost 16 is far less than the other 17 alternatives. 18 So back in 2001 in the scoping 19 phase, it was determined by the 20 County, whose the lead agency on the 21 project, with Pete Beck from the Town, 22 New York State D.O.T. and the federal 23 highway, that this might advance to 24 this project. 25 The major project corridor, that Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 29 1 was the initial project that went from 2 Big Boom down to the City of Glens 3 Falls, we have the Exit 18 area, which 4 we added on later. In the main 5 project corridor, we will have two 14 6 foot lanes in each direction, with an 7 11 foot turn lane. The 14 foot will 8 allow passage of bicycles safely 9 within the traffic, we have a 10 two-and-a-half foot buffer area well 11 behind the curb, and a five-foot wide 12 sidewalk, and then the County's going 13 to acquire property, two foot in back 14 of that sidewalk as far as the highway 15 project. Then take a grading release 16 which blends the remaining soil and 17 slopes to match it to the properties 18 there. There we go. 19 So there is a new closed 20 drainage system, probably going to 21 plant some trees to dress up the 22 landscaping, adding a sidewalk, 23 pedestrian CDLC street lighting, help 24 with the gateway effect, and as I said 25 before, two foot outside is where the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 30 1 right of way acquisition is where the 2 highway project will go. 3 As far as your utility work, 4 they will add the new water, which 5 will be inside the pavement, a new 6 sewer, which is going to be adjacent 7 to the sidewalk area, and power, phone 8 and cable, outside of that, outside of 9 -- in most areas the two foot required 10 for the highway project and the 11 sidewalk. So that is what is going on 12 in the main project corridor. 13 One thing I should mention in 14 the City of Glens Falls, generally 15 they will be resurfacing the roadway 16 there. It's not total reconstruction. 17 We will replace the curbs and replace 18 the sidewalk and there will be very 19 little impact to any properties which 20 may be a foot or so of the sidewalk 21 throughout those areas. 22 At exit 18, this is what will 23 happen. I'm not happy with the speed 24 of this, so I will abandon it. We 25 will relocate Big Boom Road. We're Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 31 1 going to move it further to the east 2 opposite what is called Media Drive, 3 used to be called South Street. It's 4 a new road that the Town just put in. 5 There will be a traffic signal there. 6 There will be a traffic signal there. 7 We are going to add turning lanes, 8 one to I-87, more turning lanes on the 9 southbound lanes, on the southbound 10 under-ramp. On the northbound 11 under-ramp, we will make it a 12 three-way ramp to improve the traffic 13 flow, and the second lane between Big 14 Bay and the turn lane, that goes into 15 Big Boom. That's what's going to 16 happen there. 17 We will also put a four-lane 18 section under the I-87 bridges. 19 There's only three there now. We will 20 also extend the sidewalk through the 21 interchange all the way out to the 22 Indiana Avenue. So that will be 23 serviced up to that point. This will 24 provide continuous moving actions in 25 combination throughout the whole Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 32 1 project area. 2 At the overpass, this is what 3 you have today. You have three 12 4 foot lanes with small shoulders. What 5 we will do since we have 47 feet 6 there, we will move the barriers out, 7 right out to the piers, and build four 8 11 foot lanes, which will help traffic 9 flow to that immediate area. I think 10 probably in the next 10 or 15 years, 11 that bridge will have to be replaced. 12 Then we will put in further capacity 13 improvements in that area. 14 As far as maintenance, 15 protection of traffic, we will try to 16 maintain two-way traffic through the 17 project area. There will be a time 18 when we will be excavating the 19 pavement, and we will have to close 20 down short stretches. At that time 21 what we will do is to have a detour. 22 It should be a westbound detour. We 23 will use westbound traffic coming out 24 of Luzerne during the hours of nine 25 and three. We will use Luzerne and Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 33 1 into Media Drive to get out of the 2 construction zone and we will still 3 have traffic using Main Street to get 4 into Glens Falls using the eastbound. 5 This will allow the subcontractor to 6 get the project done much more quickly 7 and try to maintain the two lanes of 8 traffic going during the day and 9 eliminate a lot of waste in 10 construction. It will be a short term 11 inconvenience, but what it will do is 12 vastly speed up the project. 13 Lastly, I just want to talk 14 about the environmental processes we 15 went through as far as the design 16 hearing. Back in 2004, the 17 documentation of the Final Design 18 Report, we took all of the steps to 19 satisfy the SEQR process and the NEPA 20 We received Federal funds process. 21 and we performed many studies, looked 22 at wetlands, water quality, air 23 quality, visual impact, threatened or 24 endangered species, hazardous waste 25 and contaminated materials, and Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 34 1 archeological throughout the whole 2 project area. We found nothing would 3 be affected other than taking strips 4 of property throughout the area. 5 As far as property -- we have 6 one more slide, but we will talk about 7 the schedule first. Well, we are 8 planning if everything goes well at 9 the hearing tonight is to continue the 10 final design and right of way 11 acquisition, and, hopefully, we will 12 finish that late this year, so we can 13 start construction someplace in March 14 of next year and probably continue to 15 mid-year 2011. 16 As far as right of way 17 acquisition for the highway, there is 18 92 properties. There's going to be 19 one relocation, the old Mobil station 20 where Big Boom Road will be relocated. 21 This will be required for the project. 22 We are still working on that. 23 Ninety-one offers have been made. We 24 have fifty-nine signed agreements. 25 Thirty-four of those properties have Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 35 1 been paid out. We have fifty-eight 2 left, remaining, to acquire all of the 3 property we need for the highway 4 project. 5 So I think that concludes what I 6 have to say about the County highway 7 project. I want to turn it over to 8 Supervisor Stec to continue. 9 MR. STEC: Thank you, Ray. 10 Actually what I was going to do, I was 11 going to turn this over to our 12 consultants, Barton and Loguidice, Don 13 Fletcher, who is the engineer in 14 charge of the Town's end of things. 15 With that said, Don will come out and 16 go through a short presentation. 17 MR. FLETCHER: Good evening. 18 Everyone hear me? I'm Don Fletcher of 19 Barton and Loguidice as Dan said. I'm 20 the consultant for the Town looking at 21 three primary objectives as part of 22 this overall project. First, being 23 the reconstruction of the water main 24 along Main Street, which would be 25 essentially the TOWN-CITY line heading Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 36 1 west to the I-87 corridor, 2 construction of a new sanitary sewer 3 along Main Street. It would be a new 4 sanitary sewer line connecting into 5 the City of Glens Falls sewer. We 6 will extend west beyond I-87 interpass 7 to the Stewart's property. The third 8 is the undergrounding of private 9 utilities, which is the power, 10 communications, and cable. With that, 11 there are two other objectives as we 12 have been working now for seven years 13 with the Town -- and Ray and Bill 14 talked about it a little bit -- is, 15 you know, one, is the Town is really 16 looking at this as an opportunity to 17 plan for redevelopment of the Main 18 Street area in that primary corridor 19 for the Town to optimize community and 20 economic benefits. And the other is 21 to provide a significant gateway into 22 the Town as well as the City of Glens 23 Falls. 24 Talking a bit about the project 25 cost, the water is $300,000, which is Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 37 1 the water district's share, and the 2 remainder of that would be paid for as 3 part of the County project, so that if 4 the Town did not do water line 5 improvements with the re-aligning of 6 the road and change in the vertical 7 profile of the road, it would affect 8 the water utilities. So the highway 9 project would pay a portion of that. 10 The Town is paying for the portion 11 where they would not normally be 12 affecting that water line, as well as 13 we are looking to up-size the water 14 line from an 8 inch to a 12 inch line. 15 The sewer is 1.365 million dollars. 16 That is the sewer district's share. 17 Obviously, the people that are in the 18 sewer district will pay that cost of 19 1.3 million dollars and 65,000 which 20 is extending it to the end of the 21 district for excess capacity 22 provisions for the future for the 23 western part of the town. The other 24 is the private utilities; 5.2 million 25 is the overall cost of placing it Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 38 1 underground. A Local Law was passed 2 in 2004 as part of this project 3 identifying several corridors in the 4 Town that would have underground 5 utilities with construction of 6 roadways and widening of roadways, and 7 this is one of the corridors. Pending 8 the Local Law developed, several 9 months later National Grid filed a 10 lawsuit against the Town against the 11 Local Law. So, as we see on the 12 following table, there is a breakdown 13 of cost, the National Grid cost of 2.2 14 million and Verizon, approximately 1.3 15 and Time Warner Cable, 60,000. These 16 are all part of the Local Law. 17 Basically what that means is the Local 18 Law, that had been passed, states that 19 the utility companies would be the 20 ones paying for that portion of the 21 cost. 22 The service connections, which 23 are going to the main line utilities, 24 those utilities along the road, you 25 know, the services going to the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 39 1 buildings and into the houses, is 2 $575,000, estimated, and what is 3 stated here, it's funded 100% by 4 federal, state and local, meaning it's 5 a project eligible expense, meaning a 6 County project. 7 And finally there is the design 8 coordination and all the easement 9 acquisitions, which is part of the 10 Local Law cost, also approximately 1.2 11 million. 12 Ray showed you earlier this is 13 the existing condition showing gas 14 along there, existing water on the 15 property as well as the existing 16 telephone on the north side of the 17 road. And this is the alternative 18 that is being looked at, the 19 reconstructive three lane alternative. 20 The primary ones I want to point out 21 to you is the new water line, which 22 would be approximately the same 23 location as the existing water line 24 underneath the north gateway, and this 25 would be underneath the sidewalk on Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 40 1 the south side. And the primary 2 location of the power, cable and 3 telephone underground would be on the 4 south side. As Ray stated, it's 5 outside of the roadway right of way. 6 It's two feet outside of the sidewalk, 7 and there would be a common utility 8 used for water and sewer and 9 underground utilities. That is where 10 the utilities would be. 11 As shown on the north side, 12 there are some locations where some 13 new cable and telephone would be 14 going, same thing on the north side 15 just outside of the roadway. These 16 would be located, half of it is in an 17 easement, it is not in a fee taking. 18 Relocation of the underground 19 utilities, advantages and 20 disadvantages. An advantage, it's a 21 context sensitive solution consistent 22 with the gateway concept to redevelop 23 the corridor. It's aesthetically 24 appealing, and one of the big concerns 25 is the safety concerns of utility Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 41 1 poles for whatever reasons. You know, 2 we had a lot utility poles going along 3 this corridor. They would be between 4 the roadway and the sidewalk. There 5 are obviously vehicular concerns and 6 ice concerns about downed lines. That 7 is one of the main purposes of 8 developing the Local Law, and the Town 9 working at the solution with moving 10 forward with underground utilities. 11 Then to make it aesthetically 12 appealing, we want to make it a 13 primary corridor for the Town into the 14 City. 15 The disadvantages are logistical 16 requirements. It's more, takes longer 17 to basically work out. The seven 18 years we are taking with National 19 Grid, obviously they are above ground 20 now, they are overhead, and we have to 21 work out the requirements of putting 22 all the utilities underground while 23 keeping everybody obviously in service 24 and being able to make the service 25 switch overs to the underground and Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 42 1 ultimately removing the poles. That 2 is one of the disadvantages. 3 There is above ground cabinetry 4 attached, which I have slides to show 5 you, photos. That is a primary 6 concern of residents in that regard 7 that we talked to in the area. 8 Cost. It is more of a capital 9 impact cost up front compared to 10 moving lines and the poles back. Part 11 of that went into looking at the Local 12 Law with National Grid and Verizon and 13 some of the costs were offset with the 14 services indicated by the projects. 15 There are obviously then construction 16 schedule impacts. As the County 17 indicated earlier, this project 18 started in 1998, and it will be done 19 in 2011. It's a 13 year schedule for 20 the planned construction. 21 From a visual impact, these are 22 typical above-ground, three-phase 23 transformers for the commercial 24 corridor areas, locations that are in 25 three-phase power, not typical Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 43 1 residential power. These are some of 2 the examples of transformers. These 3 are some pictures of single phase 4 transformers. The larger box is a 5 three by three. If you look at the 6 upper right photo, that is a picture 7 that you see different boxes in there. 8 As you look at some of residences, you 9 see different boxes. One is for the 10 cable and one is for telephone, then 11 this box, this is underground 12 electric. 13 MR. STEC: Tim, could you get 14 the lights for Don? Thank you. 15 MR. FLETCHER: On some of the 16 locations, there are approximately 17 this is a three by three box. 18 Basically this box is similar to this 19 box. It's just a different view, like 20 these two boxes are similar. In many 21 locations, the top right one, this is 22 in a typical residential subdivision 23 for this underground residential 24 property. It is the same idea. So 25 that is what it looks like as you are Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 44 1 looking at the maps. 2 I know you have gotten a map on 3 the easement, which shows an easement 4 strip and then there is a bump out on 5 many of them. What we are trying to 6 do at the property lines, as close to 7 the property lines as much as we can, 8 put these above ground -- or 9 underground, in the case of the 10 electric, from there. That is where 11 the services go. 12 This is an another photo 13 basically showing the corridor with 14 trees and pedestrian lighting and 15 transformers with power, three phase 16 transformers. 17 I want to discuss an alternative 18 that was considered during the 19 planning phase, the armless pole or 20 candle stick alternative. Basically, 21 instead of having the overhead wires 22 the way they are now, up and down a 23 pole, this is a means of putting poles 24 up taller and bundling wires, looking 25 to try to get it above the viewshed as Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 45 1 you go down the corridor. There are 2 three phase hubs. The pole height 3 would be increased. 4 And this is, you know, the 5 reconstruction alternative showing 6 still the relocated gas underneath, 7 below ground, obviously with water and 8 sewer, and with the taller pole 9 alternatives. One of the main 10 concerns is the icing effect on 11 overhead wires. That is a problem. 12 The location of the pole with regard 13 to vehicular safety, really, this is 14 an opportunity when you look at it to 15 maybe minimize the aesthetics of it 16 compared to underground or general 17 overhead, but maybe the safety 18 concerns are is one of the reasons why 19 it was not chosen as the primary. 20 This is the armless pole alternative, 21 without the transformer showing, the 22 candle stick poles. 23 So one item I would like to 24 discuss in closing is environmental 25 concerns, which we, the Town Attorney, Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 46 1 and the Board are looking at now. We 2 have similar concerns as the slides 3 Ray put out for the County project. 4 They have like concerns. There are 5 threatening endangered species through 6 the corridors. We have the same 7 environmental concerns as the County, 8 you know, looking at basically the 9 same conclusion that the County and 10 their consultants came up with. 11 with that, I will turn it over 12 to Rich Hite. 13 MR STEC: I just have one thing 14 I have to do. 15 Thank you, Don. As you may 16 know, the Town is considering taking a 17 portion of certain properties adjacent 18 to Main Street and Corinth Road in 19 order to use those properties for 20 undergrounding of utilities and for 21 our new sewer line. This taking is 22 sometimes referred to condemnation or 23 the exercise of the powers of Eminent 24 Domain. 25 It's important that the people Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 47 1 understand the Town is not seeking to 2 condemn any property in its entirety, 3 nor is the Town seeking to be the 4 owner of any property. The Town 5 merely wishes to acquire the right to 6 use certain portions of the property, 7 commonly called an easement, running 8 along the bounds of County Route 28. 9 All property owners have received a 10 survey map of their 11 property/properties depicting the 12 location of the proposed easement. 13 The Town wants to receive 14 easements by mutual agreement with 15 property owners. Condemnation is the 16 last resort. 17 It is also important for 18 everyone to understand that this is 19 not the first time the Town has 20 considered required utilities in the 21 town to be placed underground. The 22 Town of Queensbury explored the 23 possibility of requiring the 24 undergrounding of utility facilities 25 in particularly sensitive areas within Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 48 1 the town since 2001. In 2002 the Town 2 began considering requiring 3 undergrounding along the Main Street 4 corridor. In that year the 5 engineering firm of Barton and 6 Loguidice was called upon to prepare a 7 detailed study to address a number of 8 considerations. This study was called 9 the Town of Queensbury Utility 10 Undergrounding Implementation Plan and 11 was dated April of 2002. The 12 Implementation Plan addressed issues 13 of safety, aesthetics, function, 14 operation and economic considerations 15 related to undergrounding. 16 In May 2002 Barton and Loguidice 17 prepared and presented the Main Street 18 Plan. The Main Street Plan described 19 the possible coordinated effort with 20 the County Board whereby the County 21 would approve the Main Street Corridor 22 by enlarging and relocating the bounds 23 of Route 28, also known as Main Street 24 and Corinth Road. By coordinating the 25 efforts the Town and County could, 1) Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 49 1 recognize County Route 28's importance 2 as the gateway to the City of Glens 3 Falls, as well as the major access 4 point to the Town of Queensbury, and, 5 2) provide an adequate right of way 6 with less impacts to adjoining 7 property owners than would be suffered 8 by two concurrent projects rather than 9 two consecutive projects, and (3) 10 improve streetscape appearance and 11 quality of life and (4) improve the 12 safety, aesthetics and function of the 13 corridor by removing the vast majority 14 of aboveground facilities. 15 The Town considered the benefits 16 of such a project including the 17 following: 18 Improving visual quality and 19 aesthetics due to the reduced 20 potential for obstruction to scenic 21 resources for residents, as well as 22 travelers; 23 Improved safety due to reduced 24 traffic hazards, as well as electrical 25 accidents; Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 50 1 The potential for reduced access 2 problems and/or increased access 3 reliability; 4 Potential for reduced utility 5 maintenance costs due to enhanced 6 utility liability; 7 The reduced potential for 8 impacts related to aboveground utility 9 failures; 10 Increased property values, as 11 underground utilities may be a marketable characteristic; Enhanced economic development potential; And improve visitor experience as a result of improving scenic quality. The Town further considered feasibility of such a plan including: Benefits and liabilities of undergrounding; Affordability of undergrounding; Cost determinants and budget constraints; Cost to the individual property Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 14 15 16 17 18 19 20 21 22 23 24 25 _._~~-~--'---_._--"-_..,."._----_._~ Public Hearing Town of Queensbury and Warren County 51 1 owners and the Town; 2 Fairness and equality of funding 3 mechanisms; 4 Criteria for prioritizing of 5 areas; 6 And ongoing operations and 7 maintenance. 8 In addition to considering the 9 Town of Queensbury Utility 10 Undergrounding Implementation Plan 11 and the Main Street Plan, the Town 12 Board also considered the experiences 13 of other communities that have considered undergrounding as they are reflected in the publications titled the Experience to Listen, the Power to Solve, dated January 2001, and the Planning Advisory Service Packet. After considering all relevant concerns, the Town Board determined that undergrounding had several benefits beyond the removal of visual clutter. These benefits include: Undergrounding would be a Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 22 23 25 Public Hearing Town of Queensbury and Warren County 52 1 one-time investment, but will produce 2 aesthetic returns for generations; 3 Construction of buildings will 4 be made easier as buildings may reach 5 maximum heights allowed without 6 limiting height to avoid contact with 7 above ground wires; 8 Undergrounding results in fewer 9 poles, less clutter and better 10 pedestrian access; 11 Undergrounding allows a greater 12 variety of street trees to be planted 13 and to grow in their natural canopy; 14 Maintenance costs attributably 15 to tree trimming and clearing as well 16 as pole replacement will decline; 17 Undergrounding will produce a 18 more attractive streetscape and may, 19 thereby, encourage greater transit use 20 of pedestrian activity; 21 These positive impacts may promote pride in and patronage of neighborhood commercial areas as 24 attractive places to frequent and shop; Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 53 1 These positive impacts may 2 thereby increase property values in 3 affected areas; and 4 Undergrounding costs may be 5 reduced if undergrounding is done 6 simultaneously with the County's 7 planned improvements of County Road 8 28. 9 Consistent with these positive 10 impacts in 2004, the Town considered 11 adoption of a Local Law to amend the 12 Town's Zoning Ordinance by creating an 13 Underground Utility Overlay District. This would require utility facilities to be placed under ground where those facilities are new, or where existing facilities must already be located. In such cases, the utility companies would be required to place their facilities underground. After careful consideration of all issues involved, the Town determined that a multitude of utility poles close to the street constitute a traffic hazard by increasing visual Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 54 1 clutter and the likelihood of 2 accidents related to the resulting 3 distraction as well as by presenting a 4 collision obstacle for vehicles which 5 leave a lane of travel for any reason. 6 The Town Board further determined that 7 utility poles and overhead lights pose 8 a threat to public safety as they are 9 vulnerable to being downed by ice and 10 wind storms. In addition, the Town 11 Board has determined that the 12 appearance of the major arterials in 13 the town contributes significantly to 14 the overall impression of the 15 community held by residents, visitors 16 and commuters, and that by placing 17 utilities underground, this general perception will be improved and the appeal of the community will be positively impacted. Based on these determinations, the Town decided to move forward with the zoning amendment. A public hearing was held and comments from public were solicited. The Local Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 15 16 17 18 19 20 21 22 23 24 25 Public Hearjng Town of Queensbury and Warren County 55 1 Law initially passed by unanimous vote 2 on July 26, 2004 and was reaffirmed 3 and readopted by the Town Board on 4 November 1st, 2004 after the Town 5 undertook environmental review of the 6 proposed action. 7 After considering all legally 8 relevant inquiries, the Town Board 9 determined that the proposed Local Law 10 did not create any potentially 11 significant adverse impacts. The Town 12 prepared an Environmental Assessment 13 Form and by addressing each of the 14 criteria outlined therein, determined that there would be no negative impact to any of the following areas: Existing air quality or surface or groundwater quality, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion or drainage. Resources such as aesthetic, agricultural, archaeological, historic, natural or cultural; Vegetation, fauna or wildlife Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 56 1 species or significant habitats or 2 threatened or endangered species; 3 The community's plans and goals 4 of land use; 5 Growth, development or related 6 activities likely to be reduced by the 7 action, and 8 Long term-short term cumulative 9 or other effects. 10 By November 2004 the County 11 Planning Board and the Town Planning 12 Board had the opportunity to review 13 the legislation which require the 14 undergrounding of utilities. Both 15 Planning Boards recommended adoption. 16 The issue of undergrounding 17 utility facilities was again addressed 18 in April 2005 where the Town passed 19 Local Law 1 of 2005 in order to 20 clarify the situation, which would 21 give rise to the requirement to 22 underground. 23 Before reaching this juncture, 24 the Town considered the information 25 contained in the Town of Queensbury Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 57 1 Undergrounding Implementation Plan, 2 the Main Street Plan, The Experience 3 To Listen, The Power To Solve, and the 4 Planning Advisory Service Packet. 5 The issue is now being addressed 6 by the Town in the context of the 7 potential condemnation of properties 8 to accomplish the stated goals of 9 undergrounding. 10 One of the things that I just 11 raised, that I wanted to emphasize, 12 the Town and the County, as well, 13 desire to amicably resolve whatever 14 easements and property acquisitions 15 need to be done by the Town and the 16 County for this project, that 17 condemnation is a last resort, but 18 because it's a possibly and there are 19 19 properties involved, there is a 20 good possibility that one or more 21 being required this option. So for 22 those of you that are in attendance 23 thinking to themselves -- and I know, 24 because calls came in the Town Hall 25 and I'm sure the County, hey, we Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 58 1 already closed, why am I getting a 2 letter in the mail saying we want to 3 talk about condemnation and eminent 4 domain? If you are one of those 5 folks, you're headed down the path we 6 are trying to strive for, minimizing 7 the amount of property we are going to 8 be involved with, because we respect 9 your property, but we have this public 10 project to do. So we are trying to 11 head down that path. We don't want to 12 end up in a position where we have to. 13 But if we have to, there is a process 14 that is involved, so that is why we 15 are here. Again, this is a required 16 step. But if everyone is satisfied 17 tonight and in the subsequent meetings 18 with RK Hite, you are satisfied with 19 the dollar amount that is discussed 20 for your particular case, and you want 21 to close, that's fine, and the rest of 22 this process won't proceed. 23 Again, there are 92 properties 24 involved. A couple of them, we admit, 25 are going to be ones that are probably Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 59 1 going to be difficult for one reason 2 or another, so we need to do this as 3 well. But it is our hope to use this 4 as a last resort only. Hopefully, the 5 vast majority won't need to worry 6 about this. It's a required step. 7 At this point we are about to 8 start taking your comments. Hopefully 9 you will find this has been a nice 10 update and as several have pointed 11 out, we have been working on this 12 project for a long time and not a lot 13 has changed. I don't want you to 14 think what is new here. We don't 15 think a lot is new here. 16 This is a wonderful turnout. We 17 are very pleased with that, a little 18 bit of an information exchange. Those 19 are my comments. Most of my talking 20 for the evening is done. 21 We will proceed on MR. LAMY: 22 the presentation of the right of way 23 acquisition processes. And the 24 consultant is RK Hite & Company. with 25 us tonight is both Rich Hite and Bob Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 60 1 Hite of RK Hite. 2 Rich, I believe you are doing 3 the presentation? 4 RICHARD HITE: Yes. 5 Thank you, Bill, for the 6 introduction. Thank you all, again, 7 for coming this evening. My name is 8 Rich Hite with RK Hite & Company. We 9 are property rights specialists who 10 deal primarily with highway 11 improvement projects such as this. 12 The purpose of my presentation 13 this evening is to explain the process 14 we will use to acquire real property 15 rights for this project. Essentially, 16 there are four steps in the process, 17 the initial meeting with each property 18 owner, the real property appraisal, 19 establishing just compensation, 20 negotiating a settlement, and the 21 transferring of title to the County 22 and/or Town. 23 Our primary goal throughout this 24 process is to negotiate a fair 25 settlement with each property owner Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 61 1 that is affected. 2 First step in the process is a 3 preliminary meeting with one of our 4 property rights specialists. The 5 property rights specialist will 6 contact you to schedule a convenient 7 time to meet at your property. At 8 this meeting the property rights 9 specialist will provide you with 10 information about the acquisition 11 process and the explanation of the 12 proposed impacts to your property. 13 At this time they will also 14 inspect the property to gather 15 preliminary information necessary for 16 the rest of the process. The person 17 you will meet will also handle your 18 negotiation. I think it's important 19 for you to have one person you can 20 contact if you have any questions. 21 The next step in the process is 22 the real property appraisal. The 23 appraisal will be used to determine 24 the fair market value of the property 25 rights to be acquired by either the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 62 1 County or the Town. The appraiser 2 will first research and analyze the 3 real estate market in your area. 4 Comparable sales data and other market 5 information will be reviewed. Next 6 the appraiser will inspect each 7 property. Site specific information 8 will also be gathered at this time. 9 One very important point I would like 10 to make. You will be given the 11 opportunity to accompany the appraiser 12 during this visit. You should take 13 advantage of this offer. As you have 14 seen, this process has been going on 15 for some time. We realize there's no 16 one who knows your property better 17 than you do. 18 Finally, the appraiser will 19 prepare a report. The report will 20 document the findings and state the 21 fair market value of the rights to be 22 acquired. Just compensation is the 23 price the County and Town must pay to 24 acquire your property. The County and 25 Town will establish a figure they Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 63 1 believe to be just compensation. This 2 amount will not be less than the 3 highest approved fair market value for 4 the property. As stated previously, 5 the fair market value is determined 6 during the appraisal phase. We try to 7 offer an amount which reflects the 8 price a willing buyer and willing 9 seller would agree to in the open 10 market. To avoid any possible 11 confusion, we will prepare an offer, a 12 written offer, for each property. The 13 offer will include a statement of the 14 just compensation amount, the basis 15 for the just compensation amount, and 16 a description of the property and the 17 interest to be acquired. 18 We will contact each property 19 owner and schedule a convenient time 20 to meet. At this meeting a negotiator 21 will deliver and review the written 22 offer. 23 I would like to stress one 24 poin t . While we use the word 25 "negotiator", we, in fact, work under Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 64 1 what's called a one offer system. We 2 are required by law to offer you the 3 full amount of the highest approved 4 appraisal. So unless there are 5 compelling reasons to raise the offer, 6 we will stand by the one offer amount. 7 Once you have accepted the offer, we 8 will prepare the necessary papers and 9 schedule a closing. The closing is 10 similar to other real estate 11 transactions you have been involved in 12 within the past. 13 I would like to quickly 14 summarize the process that the Town 15 and County will use to acquire real 16 property for this project. First, we 17 will meet with each property owner to 18 provide information on the project and 19 potential impact to the property. 20 Next, we will appraise your property 21 to determine the fair market value. 22 The fair market value will be used by 23 the County and Town to establish the 24 just compensation amount. Once the 25 County and Town have established just Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 65 1 compensation, we will prepare and 2 deliver a written offer to each 3 affected property owner. We 4 understand the right of way process 5 may be new to some of you. I know 6 some of you have been through this as 7 we have been working on the 8 acquisition process for quite sometime 9 around now, but I will stress we will 10 do our best to make it as easy as 11 possible for you. We would like to 12 make every effort to acquire the 13 property through negotiations. 14 This concludes my portion of the 15 presentation. I will be available to 16 answer any questions. Thank you. 17 At this point we will MR. LAMY: 18 take a ten-minute break to serve two 19 One is to allow our purposes. 20 stenographer to catch her breath and 21 take a short break. The second thing 22 will be for each of you that wish to 23 speak, it will give you a chance to 24 pick up one of the blue cards over by 25 the table where you came in and if you Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 16 17 18 19 20 21 22 23 24 25 Public Hearing T own of Queensbury and Warren County 66 1 would, if you want to speak, please 2 fill one out and return it up here to 3 me, and we will once I get the 4 cards, if there is any public elected 5 officials that would like to speak, we 6 will give you the honor of speaking 7 first. Then we will go to any of the 8 appointed officials. Then we will 9 stay here for as long as we need to in 10 order to hear from all of you in the 11 public. We will be back here in about 12 10 minutes. Thanks. 13 (At which time a ten-minute 14 recess was taken.) 15 MR. LAMY: If I can have your attention, please. If we can start moving back to your seats, we will reconvene this meeting here. Is there anybody else with a blue card that they need to turn in? If you signed a blue card, move towards the front row. You can use the microphone here at the front table. You are welcome to sit or if you want to stand, just take the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 67 1 microphone out of the holder. 2 MR. STEC: Ladies and gentlemen, 3 we are going to resume. You are 4 welcome to stay, but we need you to 5 keep it down a little. 6 I will turn it back to Bob 7 Hafner. Thank you. 8 MR. HAFNER: The County has read 9 a notice into the record. We have to 10 follow the formalities and read our 11 notice. Please bear with me. 12 The Notice of Public Hearing 13 Pursuant to Eminent Domain Procedure 14 Law Section 201. 15 This notice was published in the 16 Post Star March 1 through 5, 2008 and 17 was also sent by certified mail, return receipt requested, to every property owner that is possibly affected. We also mailed to each property owner a letter, which I will read after, and a copy of the map showing you exactly where the easement boundaries are located. Now I will read the notice of the public hearing Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 68 1 into the record. All of our records 2 are kept by Darleen Dougher, our Town 3 Clerk. That is where all the official 4 documents will be. Later on we will 5 tell you where they will be stored if 6 anyone wants to review them. 7 "Please take notice that the 8 Town of Queensbury will hold a Public 9 Hearing pursuant to Section 201 of the 10 New York State Eminent Domain 11 Procedure Law on March 19th, 2008 at 12 6:30 at the West Glens Falls Fire 13 Station No.1, located at 33 Luzerne 14 Road in the Town of Queensbury for the 15 purpose of describing and soliciting 16 public comment on a proposal to place public and private utilities below ground and to place ancillary utility facilities above ground. This proposal is undertaken concurrently with a Warren County Public Project PIN No. 1753.80 to reconstruct and widen approximately 2.9 kilometers of County Route 28, also known as Corinth Road, Main Street, and Broad Street. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 13 14 15 16 17 18 19 20 21 22 23 24 25 -------...---------. Public Hearing Town of Queensbury and Warren County 69 1 The County's project will affect 2 properties located along County Road 3 Route 28 from 160 meters west of the 4 intersection of Big Bay Road in the 5 Town of Queensbury extending easterly 6 to the intersection with Hudson Avenue 7 in the City of Glens Falls, Warren 8 County, New York. 9 The Town's public project, as 10 proposed, contemplates simultaneous 11 construction by the Town and County 12 along the above referenced bounds of County Route 28. However, the Town's project will impact only lands located within the municipal limits of the Town of Queensbury. The Town's proposed project will result in the placement of all public and private utilities along the bounds of a portion of County Route 28, which is Main Street and Corinth Road, underground along the widened and reconstructed bounds of County Route 28. The Town's proposed project also Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing T own of Queensbury and Warren County 70 1 includes the placement of ancillary 2 utility facilities above ground along 3 the bounds of County Route 28 as 4 widened and reconstructed. The Town's 5 easement will permit utilities 6 underground and/or above ground. 7 The properties over which 8 easements are being considered are 9 located in the Town of Queensbury 10 along the bounds of County Road 28 11 adjacent to the County's public 12 project and are further identified by 13 the following tax numbers." I will save you the reading off of all the numbers. They were duly published and in the notices of every property owner. "All persons interested in the proposed project are invited to attend and may present oral or written statements or documents relating to the project. If easements over the properties identified above are taken, any person owning such property wishing to Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 71 1 challenge acquisition by means of 2 judicial review may do so only on the 3 basis of issues, facts and objections 4 raised at this public hearing. 5 Questions regarding the public 6 hearing may be addressed to Dan Stec, 7 Supervisor, Town of Queensbury, 742 8 Bay Road, Queensbury, New York 12804, 9 518-761-8229. 10 Americans With Disabilities Act 11 Notice. To request accommodations for 12 a disability, please call Don Fletcher 13 at Barton & Loguidice, P.C. (518) 14 218-1801. To help insure your needs 15 are met, please request accommodations 16 three days in advance of the public 17 hearing. II 18 As I stated, it was published in 19 the Post Star March 1, 2, 3, 4, 5, 2008. We mailed a copy, certified mail, return receipt requested, to the addresses on the Town's assessment billing record, and mailed one to each property owner. In addition, we later mailed a copy of the map related to Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 72 1 each parcel showing the exact bounds 2 with this letter: 3 "Dear Property Owner: 4 As you are likely aware for 5 sometime the Town of Queensbury has 6 been contemplating the condemnation of 7 the properties adjacent to Main 8 Street-Corinth Road. The purpose of 9 this taking is to facilitate the 10 widening and reconstruction of County 11 Route 28, i.e., Main Street-Corinth 12 Road-Broad Street, as well as the 13 placement of public and private 14 facilities, both below ground and 15 above ground along the properties on 16 Main Street/Corinth Road as widened 17 and reconstructed. This is what we 18 call the project. 19 The Town will hold a public 20 hearing on March 19th, 2008 at 6:30 at 21 the West Glens Falls Fire Station No. 22 1, located at 33 Luzerne Road, Town of 23 Queensbury. Notice of this public 24 hearing was duly published in the Post 25 Star March 1st-March 5th, 2008. In Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 73 1 addition, a copy of this notice was 2 sent to you, return receipt requested, 3 at the same address at which you 4 receive the Queensbury Real Tax bills. 5 The public project, as 6 contemplated, includes a condemnation 7 of the portion of the properties owned 8 by you located in close proximity to 9 the Main Street, Corinth Road in the 10 Town of Queensbury. Enclosed you will 11 find a map of your property, which 12 depicts the location of the proposed 13 easement contemplated by the Town of 14 Queensbury. In the event your 15 property is taken by the Town of 16 Queensbury in furtherance of a public 17 project in accordance with the laws of 18 Eminent Domain, otherwise known 19 condemnation, you may have the 20 opportunity to challenge this 21 acquisition. You may do so only on 22 the basis of issues, facts, and not 23 objections raised at a public hearing. 24 If you are unable to attend the public 25 hearing, you are free to submit Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 74 1 written materials to the Town. 2 Please be advised the Town will 3 not accept the material after the 4 close of the public hearing." 5 So signed by Daniel G. Stec, 6 Supervisor. 7 I also would like to read two 8 other things, if you don't mind, Bill, 9 before we send it back to you. First, 10 I would like to remind everyone this 11 is a public hearing. I will -- as you 12 can tell, we are following the strict 13 rules of the Eminent Domain Procedure 14 Law. We have to hold a public hearing 15 and the purpose of the public hearing 16 is to get your public comments about 17 this proposed project. It's not a 18 dialogue, question and answer period. 19 If questions are asked, they will be 20 duly noted as comments for the record. 21 The Town Board mayor may not respond 22 to them in the future. Also, before 23 you start making public comments, 24 Bill, the Town Supervisor needs to 25 formally open our public hearing for Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 75 1 the Town. We will do that and send it 2 back to you. 3 MR. STEC: Thank you, Bob. 4 And, yes, Bill was about to open 5 the public hearing for the County. 6 I will declare the public 7 hearing for the Town of Queensbury on 8 this subject opened at this point, and 9 I'll let Bill open it for the County, 10 so there will be two simultaneous 11 public hearings going on regarding 12 this project. We will follow one set 13 of rules, and Bill will call folks up 14 and control the flow of who speaks and 15 in what order. 16 The Town's public hearing is 17 open. 18 MR. LAMY: I will at this time 19 declare the County's public hearing on 20 this project is also open and running 21 concurrently with the Town's. 22 The next order of business is I 23 will enter into the record the 24 brochure entitled EDPL Public Hearing, 25 Warren County Route 28, Corinth Road- Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 76 1 Main Street-Broad Street, Project 2 Identification Number 1753.80, marked 3 as exhibit 5 in evidence. 4 (Exhibit 5 was deemed in 5 evidence. ) 6 MR. LAMY: I will call your name 7 and have you come up to make your 8 comments. If you could state your 9 address also, it would be appreciated. 10 And it would be beneficial if you 11 could let us know if the parcel in 12 question is being impacted by the 13 right of way easement taking or the 14 condemnation proceeding. If it's an 15 address other than what is on your 16 card, we would appreciate you letting 17 us know what the address is. We will 18 try to -- I will ask you to limit your 19 comments to five minutes so we can run 20 through all of the speakers. If you 21 feel you need more time than five 22 minutes, I will gradually call you 23 back up to continue after everybody 24 has had a chance after the first five 25 minutes go round. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 77 1 I think we have taken care of 2 all of the rules and procedures. 3 Let's begin with Bill Dow representing 4 National Grid. 5 MR. DOW: Good evening. 6 MR. LAMY: You can come to the 7 front and sit or stand, whatever you 8 are comfortable with. 9 MR. DOW: I have a little bit of 10 information here, so I better sit 11 down, I guess. My name is Bill Dow. 12 I'm a supervisor of Real Estate Asset 13 Management at National Grid. I'm out 14 of the Albany office. My address, 15 work address, is 1125 Broadway in 16 Albany 12204, and I'm happy to be 17 here. 18 Supervisor Stec, Mr. Hafner, 19 Bill, a few other familiar faces, Mr. 20 Shaw -- anyway, I would just like to 21 start out by saying that I'm here 22 primarily concerning how the project 23 affects our high voltage power lines. 24 It's the Queensbury -- Henry Street, 25 number 14, which runs north and south Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 78 1 on the east side of the Northway. I'm 2 not here for the undergrounding of the 3 electric utility part of the project 4 that is so prominently discussed 5 tonight. Although I have been asked 6 to note that there is a legal 7 challenge that Don had mentioned 8 earlier that my company has filed to 9 the Town Underground Utilities Overlay 10 District Local Law pending in New York 11 State Supreme Court, which may have an 12 impact on this proceeding, but mainly 13 all I wanted to do, I had a few 14 questions and comments regard how the 15 project affects this power line. I'm 16 sure we will be able to work out the 17 details as we worked on it over time. 18 We got some information, we are trying 19 to figure out how the project will 20 affect it. 21 The maps we received are 22 different. The most recent maps we 23 got from the Town are maps we have not 24 seen before for the utility taking. 25 We had some questions on that. You Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 79 1 did clear up something that I was not 2 aware of, the difference between the 3 Town and the County, the County 4 acquiring the road improvements and 5 the Town working on the utilities, so 6 that helps. 7 And with regard to the County's 8 acquisition of the road improvements 9 for Big Boom Road, it will cross under 10 this power line, so we do need to look 11 at some plans and profiles to see how 12 our utilities would be affected for 13 the protection of the public, the 14 traveling public, in proximity to a 15 high voltage power line and in further 16 protection of our facilities. 17 Also mentioned this evening the 18 County would like fee taking for the 19 road improvements. I would like to 20 state for the record it's National 21 Grid's policy to grant permanent 22 easements to municipalities for public 23 highways which cross under high 24 voltage electric transmission line 25 corridors. These rights of way are Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 80 1 for the protection of the power lines 2 and safety of the traveling public, 3 and fee taking compromises our efforts 4 to secure the property and the 5 facilities that are on the property. 6 Permanent easements have served 7 municipalities very well over many 8 years across upstate New York, and we 9 expect that this service will continue 10 for this project. I noted this in a 11 letter to RK Hite in November of 2007. 12 So I want to leave a copy of that with 13 you guys for the record. And you can 14 have that. 15 Also I just have a little 16 statement I will finish up with, and that will be our part for this evening. We have been in contact with the Town and County regarding the areas that need, we need a plan profile map in order to insure the construction operation and maintenance of any proposed facilities do not interfere with the existing operations of the Queensbury to Henry Street Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 81 1 number 14, 34.5 kilowatt electric 2 line. If a conflict exists, the Town 3 and County will need to enter into an 4 agreement with the company to 5 reimburse National Grid for the 6 relocation of the facilities in 7 conflict. If there is no conflict 8 with the existing facilities, then the 9 company has a comprehensive program to 10 allow third party users of its land 11 and provided the company standard 12 easement is used, which is issued, it 13 provides important safeguards to the 14 public. These include line to ground 15 clearance reviews, which is why we 16 need a plan and profile, notification 17 to Niagara Mohawk prior to the start 18 of construction. Monitoring of the 19 construction by an inspector is 20 required, as well as insurance 21 indemnification, preservation of 22 drainage, proper compaction of 23 excavation, assurances Niagara Mohawk 24 will have continuous access to its 25 electric line. We ask that the plans Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 82 1 and profiles be provided to allow us 2 to examine these and that any 3 easements issued to the Town or County 4 be in accordance with our existing 5 policies and procedures. 6 Lastly, I would like to note 7 that for the record that the property 8 is held in the name of Niagara Mohawk 9 Power Corporation, doing business as 10 National Grid. And the most recent 11 maps and letters that were addressed 12 to National Grid are in error. 13 Lastly, I guess the only other 14 question I had was -- we already 15 talked about it -- were the utilities 16 and how the taking for these 17 utilities, and we'd also like to 18 review what utilities are proposed for 19 this particular property. 20 with that, I'm done with any 21 statement for this evening. Thanks 22 for your time. 23 MR. STROUGH: Did you mean to 24 say they were addressed to National 25 Grid in error or Niagara Mohawk? Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 83 1 MR. DOW: The ownership of 2 record of all of our properties is 3 Niagara Mohawk Power Corporation. 4 MR. STROUGH: Thank you, Bill. 5 MR. LAMY: Thank you for your 6 comments. Next speaker is Trina 7 Steves. 8 MS. STEVES: My name is Trina 9 Steves, 74 Main Street. I lived there 10 for 20 years. My husband and I 11 strongly oppose the placement of the 12 underground power electrical junction 13 boxes citing health and safety 14 reasons. I have done some research on 15 electric magnetic fields. I have two 16 grandchildren that sleep within eight feet of the power site. I have very big concerns in regards to this. I do have a letter for Mr. Stec and Mr. Lamy, which I will give to you after, showing pictures of where the footprints were put in regards to where my grandchildren sleep. Thank you for your time. MR. LAMY: Thank you, Trina. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 84 1 Next I have got two people 2 representing Cumberland Farms. I 3 don't know, doesn't make any 4 difference in which order you go in. 5 Karla Buettner, you are the next 6 speaker, and you are welcome to bring 7 Will Miller. 8 MS. BUETTNER: We will do a 9 little tag teaming if you don't mind. 10 I am Karla Buettner. I'm a t an 11 attorney at the Bartlett, Pontiff, 12 Stewart and Rhodes law firm. I'm 13 representing Cumberland Farms. With 14 me is Will Miller, the question and 15 answer person for the Cumberland Farms 16 organization. We own Cumberland Farms 17 at 100 Main Street. 18 First I want to thank you both, 19 Mr. Lamy and Supervisor Stec, for 20 holding the hearing and allowing us to 21 speak on this. We think this is a 22 very good project. We support the 23 project. Obviously we have been 24 working with the Town and County from 25 the inception when we first renovated Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 19 20 21 22 23 24 25 Public Hearing T own of Queensbury and Warren County 85 1 the store there up to the present. 2 I know Jeff Tennyson from my 3 office had wanted me to personally 4 extend concerns on that. We have a 5 list of concerns with respect to our 6 property located at 100 Main Street. 7 With respect, first, to the safety by 8 moving the road closer to the traffic, 9 closer to the gas station, and, second, with respect just varying degrees of, I guess, with respect to certain specifications we have. Before I go into those, I would like to say I know our time is short and 10 11 12 13 14 15 there's a lot people here. We have a 16 lot of specific questions. So I would 17 like to request on the record there be 18 some sort of sit-down with a representative of the Town and the County, and perhaps, you know, any of the consultants so we can work out what our specific issues to our property are so as not to take up all of your time tonight. The few things we do have issues Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 86 1 with, the Cumberland Farms building, 2 the proximity of the proposed Town 3 right of way is within a foot or two, 4 I believe, of the canopy for our gas 5 tanks. These are safety issues we are 6 concerned about. The proposed right 7 of way is adjacent to the filler pad 8 which also poses problems with our 9 tanker trucks coming in, which could 10 pose a safety problem with traffic 11 going up and down Main Street. 12 We have a sign that is right 13 there. It will have to be removed. 14 We don't know where it's going to go. 15 I know there had been some discussions 16 with the County on how we can move 17 that. One of the things we are 18 concerned about with the sign is it's 19 right in the right of way. Our main 20 concern is where it's going to go. 21 Obviously, we are a gas station. You 22 drive down the street, you want to 23 know where the cheapest gas is. To 24 Cumberland Farms, that is obviously 25 important to have. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 87 1 One of the things that was 2 discussed is in the event we have to 3 get a variance for the sign from the 4 Town of Queensbury that it will be, 5 the process to obtain a variance, 6 would be at no expense to Cumberland 7 Farms. Again, if the variance is not 8 permitted, there will be have to be 9 some negotiations where, again, 10 Cumberland Farms would not have to pay 11 for the fact -- they would have to 12 have some sort of compensation from 13 the Town and County with respect to 14 that. 15 The customer service island is 16 immediately adjacent to the easement, 17 almost right on top of the easement. 18 with the new transformer -- I may be 19 speaking out of turn -- the new boxes, 20 it's right there. It's right on top 21 of it, the customer service island. 22 We have lights on our property 23 now that were put there because the 24 Town wanted us to put them there. 25 They are not on the map. We don't Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 88 1 know where they are going to be. 2 There are four poles there. 3 The drainage basin right there, 4 we don't know where that will go. As 5 you can see, we have specific issues. 6 Again, we think this is a very 7 good project. We really support it, 8 but we need to look at things a little 9 more. We request that the Town and 10 County look at things to perhaps work 11 with us and with the rest of the 12 community and reposition things or 13 work so that everyone is happy at the 14 end of the day, but that the safety of 15 our customers and the automobile 16 traffic and the pedestrian traffic is 17 taken into account. I don't know if, 18 Will, at this time if you want to add 19 anything. 20 MR. MILLER: I would like to 21 repeat we are totally in favor of this 22 project. We do believe there are some 23 discussions that need to be continued 24 regarding the safety of individuals, 25 both as pedestrians and in vehicles, Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 89 1 coming down this Main Street corridor, 2 particularly in light of the merger of 3 two lanes to one right at the major 4 driveway turning into our property. 5 We stand ready to meet with anybody at 6 any time to move this project forward, 7 because we think it's, in the long 8 term, in the best interests of this 9 area. 10 Thank you. 11 MR. LAMY: I would like to say 12 your request is certainly valid. I see no reason why we can't meet with representatives of the Town and the County and our consulting firms to continue the dialogue with you, Karla. Thank you very much. MR. HAFNER: Karla, I say ditto to what Bill said. And the Town wi 11 want to work with you and is very glad to hear you are in favor of the project. Just as, again, we have to be technical here, if any of the comments that you said you don't have time to say tonight are ones that you Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 15 16 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 90 1 think are relevant to objections to 2 the Eminent Domain procedure, this is 3 the time they have to be raised. 4 MS. BUETTNER: Understood. 5 MR. HAFNER: They sounded 6 logistical, but for the record at the 7 end of the public hearing, those 8 comments have to finish being said. 9 MS. BUETTNER: Sorry, I have one 10 last thing. Not with respect to what 11 you said, but when we did start the 12 project four or five years ago -- Will 13 and I can't remember -- as part of the 14 site plan review, the Town, we had some extensive negotiation with the Town, and the Town required us to push our property out closer to the road. So we are kind of in a position where we did that, now we have to backtrack. I wanted to put that on the record. MR. STEC: Is this also the property where you have your septic back there, and when you hooked up to the sewer, that freed up part of your space? Is this that parcel? Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 17 18 19 20 21 22 23 24 25 Public Hearing Town of Queensbury and Warren County 91 1 MR. MILLER: No, the septic 2 leeching field is behind the Subway, 3 but we totally support connecting. 4 It's one of the issues on our list. 5 We totally support connecting to the 6 sewer system and hope that is a major 7 part of this project. 8 MR. STEC: Thank you. 9 MR. LAMY: Mark Zoller, 10 Z-O-L-L-E-R. 11 MR. ZOLLER: I'm Mark Zoller. 12 I'm the president for U-Haul. I'm 13 here to speak on behalf of AREC-l0, 14 doing business as U-Haul, at 112 Main 15 Street. Bear with me, I'm not 16 normally a public speaker. I do need to raise a fair amount of objections to this taking. I understand that it needs to be done tonight, and I'm glad you have given us the opportunity to do that. I want to briefly go through them. First, we object to the way the project has been proposed in the manner of having two separate takings Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 92 1 at the same time for apparently no 2 reason but to make it difficult to 3 ascertain responsibilities and 4 damages. These takings will prevent 5 us from using our property as it is 6 being used now. The combination will 7 alter the manner of access to our 8 property. It will create a dangerous 9 traffic situation. It will eliminate 10 most of our parking spaces. This will 11 render our property unusable for the 12 current and intended use. It may 13 cause our property to be in violation 14 of zoning and building codes. We will 15 have to move our signs. We have to 16 move our signs -- everything is pushed 17 off. We have no idea of what the 18 zoning will be after that. We don't 19 feel appropriate consideration was 20 given to why not use the area across 21 the street, not on our property. At 22 this time it will make it difficult, 23 if not impossible to use storage 24 facilities. Slow moving trucks will 25 create a traffic hazard on the road. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 93 1 We do not believe the County or Town 2 is complying with New York State 3 Conservation Law requirements. 4 We also object on the procedural 5 basis. By combining two public 6 hearings at one time, property owners 7 have been deprived of their 8 constitutional rights and due process. 9 Those are our positions. Thank you. 10 MR. LAMY: Thank you very much. 11 Our next speaker is Patricia 12 Evans. 13 MS. EVANS: I do have some 14 pictures which I will bring up to the 15 desk and ask you to pass them around. 16 This is my particular property. My 17 name is Patricia Evans and my property 18 is 13 Main Street. Just for the 19 record, the map that is up in the back 20 has the previous owner listed as the 21 property owner. I have owned the 22 property at 13 Main Street since 2002. 23 So the map is extremely outdated. I 24 think you should be checking the names 25 of the property owners before you post Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 94 1 that map up there. 2 I've had my business on Main 3 Street for 20 plus years, 14 at 108 4 Main and the last six at my present 5 location. One of the reasons I 6 relocated and purchased the property 7 at 13 Main was in anticipation of the 8 improvements of the Main Street 9 corridor. I have been patiently 10 waiting, attending the meetings which 11 were open to the public, and expressed 12 my interest in seeing the project 13 complete. In a perfect world with 14 unlimited financial resources, the 15 Town of Queensbury and Warren County 16 and New York State and the Federal 17 government could acquire all the 18 properties along Main Street, widen 19 the road putting in sidewalks, install 20 underground utilities, including a new 21 sewer system, new lighting and 22 landscaping, and provide a functional, 23 beautiful gateway to Glens Falls. 24 However, this is 2008. The 25 economy is facing a recession. Gas Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 95 1 prices are soaring. The value of real 2 estate has declined and property taxes 3 have increased. I can only imagine 4 how much more this project is going to 5 cost with all the delays, and that is 6 without going underground with the 7 utilities. What are the taxpayers of 8 Queensbury spending to litigate with 9 National Grid? Why would National 10 Grid agree to bury utilities at a much 11 higher cost than to relocate and 12 eliminate the poles? How much will it 13 cost to acquire the properties for the 14 easement to go underground, and what 15 is the cost to each of us owning 16 property on the street? Why does Mr. 17 Stec and others feel this particular 18 area of Route 28 needs such a major 19 reconstruction? This is a commuter 20 corridor, not a scenic roadway. 21 People who driving down this road are 22 en route to their jobs, not enjoying a 23 leisurely Sunday drive. The road 24 needs to accommodate this traffic and 25 by creating a third lane, this will be Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 96 1 accomplished. 2 The City of Glens Falls recently 3 completed reconstruction of Warren 4 Street. They did not put utilities 5 underground. It looks very nice as 6 you drive into the city, especially at 7 night with all the new street lamps on 8 it. Main Street could look just as 9 nice without the huge expense of 10 undergrounding. 11 Now, as to my first personal 12 concerns, I have several. According 13 to the map, the Town of Queensbury 14 needs a much wider strip of land than 15 Warren County has already taken from 16 it. This mean I will lose my front 17 lawn, my extensive garden, one half of 18 my sign, my entire flower bed on the 19 eastern boundary, which will instead 20 have a uti1ity box, and my entire bed 21 on the western boundary, as well as 22 the lawn on that side. I spent the 23 last five years beautifying my 24 property in keeping with the, quote, 25 "Master Plan" for the reconstruction Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 97 1 of Main Street. To now have this torn 2 up to bury utilities is unnecessary 3 and an expense that the taxpayers of 4 Queensbury and the property owners 5 should not have to bear along Main 6 Street. Is the Town of Queensbury 7 compensating me for my property, 8 including my newly sodded front lawn, 9 my underground irrigation system, the 10 mature flowering trees and shrubs, my 11 perennials, and signs, and the loss of 12 pleasure I derive on a daily basis 13 from my gardens? Is the Town of 14 Queensbury financing the individual 15 hook-ups of power and sewer to every 16 property owner along Main Street? Are 17 underground utilities that important 18 or necessary that you would burden the 19 taxpayers of Queensbury to such an 20 expensive reconstruction? 21 I believe Main Street could be 22 rebuilt to ease the commuter 23 congestion, improve the pedestrian 24 safety, and to beautify the corridor 25 without burying the utilities Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 98 1 underground. Let"s get the road 2 rebuilt and let"s get it done now. 3 Thank you very much. MR. STEC: 4 The next presenter is MR. LAMY: 5 Stan Walczyk? Did I pronounce it 6 right, Stan? I will set that one 7 aside. 8 I have Dawn and John Clifford? 9 Hello. Thank DAWN CLIFFORD: 10 you for having this meeting. I want 11 to say like some of the other folks 12 did, we are very much in favor of the 13 project, but we do have a question. 14 We own property at 34 Main Street and 15 we have two-and-a-half lots there. 16 The most recent map that I received 17 from Mr. Stec indicates that there"s 18 what turns out to be one of those 19 junction boxes. If you look at our 20 lot as a unit, which we like to do, 21 that will come pretty near in the 22 middle of the property, and so we 23 wanted to make sure we had an 24 opportunity to talk to the planners 25 and see if that could be relocated Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 99 1 somewhere else, you know, on the edge 2 of the property or something so that 3 it"s not there. We anticipate someone 4 will want to build on the whole unit 5 and not have a box in the way. 6 I also want to make a comment 7 that those boxes are not very well 8 maintained. There is one in the 9 neighborhood where we presently live 10 and ever since we moved there almost 11 eight years ago, it has not been 12 painted. It looks like it was a 13 sickly green originally. Now it"s 14 about one-third or more rust and has 15 not been kept up. For the people that 16 are concerned about the boxes, they 17 ought to go around and look at some of 18 them and see how well they are 19 maintained. And so that was our main 20 Thank you. concern. 21 MR. STEC: Mr. and Mrs. 22 Clifford, not that we will be able to 23 Certainly we answer every question. 24 don"t have the details to give you a 25 firm answer, the kind of flexibility Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 100 1 you are inquiring about, where you own 2 two properties as described earlier in 3 the presentation. They try to do that 4 to minimize the impact and try to 5 locate things like on a property line 6 as opposed to somebody"s front and 7 center. Your case is different 8 because you own two properties. There 9 is a very good chance there is 10 flexibility, they will be able to 11 slide it over to accommodate you. No 12 guarantee, but, you know, generally 13 speaking, there is probably a way they 14 will be able to have enough 15 flexibility to accommodate your 16 concerns. 17 MR. LAMY: John Reilly. 18 MR. REILLY: Good evening. I "m 19 not actually on the corridor. I may 20 be out of line here. I had a couple 21 of points. You talked about 22 pedestrians, putting in sidewalks. I 23 had a couple of questions about that 24 that you may not have the answer to, 25 but who would be responsible for the Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 101 1 snow removal when you are plowing that 2 much snow? When you are putting in 3 sidewalks, you defeat the purpose. 4 The follow-up to that, if the 5 homeowner is responsible for that, it 6 may not happen. Anybody who has a 7 driveway, it"s a difficult situation 8 to handle. So that is one concern. 9 It"s unclear how pedestrian 10 traffic will cross the Northway. 11 Doesn"t look like there is currently 12 space for pedestrians to be there. I 13 grew up on Western Avenue in Albany. 14 Over the past 30 years, there have 15 been a number of fatalities at the 16 Northway interchange there. It"s a 17 pretty good concern for me. 18 Two other things. There"s 19 mention of the sanitary hook-ups. 20 Whose responsibility is that? The 21 third thing, the three-phase boxes. 22 Was there any consideration for having 23 additional easements to move the boxes 24 off the property? Cumberland Farms 25 mentioned that. Is there a Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 102 1 possibility you could move it further 2 off the corridor? Could you take an 3 extra effort to look into that? If 4 it"s the acquisition of additional 5 property, a small sliver to put the 6 utility boxes out of the way, it"s 7 something that should be looked at. 8 MR. STEC: Thank you, Mr. 9 Reilly. 10 MR. LAMY: Brian Granger? 11 He"s not here. Okay, Raymond 12 Ash? 13 MR. ASH: I will pass. 14 MR. LAMY: Is Stan Walczyk here? 15 Brian Granger? Anybody else 16 that would be to speak that has not 17 filled out a card? 18 Could I have your card, please. 19 MR. STEC: Mr. Reilly, just -- I 20 can answer two of your questions. You 21 don"t need to come up. The first 22 questions are easy ones to answer. 23 Several years ago, the Town Board 24 passed a Local Law that defines 25 sidewalk maintenance responsibilities Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 103 1 on Town roadways. The homeowner"s 2 required to remove the snow. On 3 County and State roadways, for the 4 exact reason you are concerned about, 5 the Town has taken that 6 responsibility. That would be a 7 County road. 8 The pedestrian under the 9 Northway, we didn"t talk about it. 10 It"s not the purpose for tonight. 11 Briefly though, it is my understanding 12 that the design includes a walkway 13 that will be between the slope and the 14 abutment. It will be removed. As far 15 as getting underneath the Northway, it 16 will behind the columns and elevated 17 just to get so I figured those were 18 two easy answers. 19 MR. CAVAYERO: Keith Cavayero 20 I"m representing One Main Street. I 21 own the adjacent property to the CVS 22 Pharmacy property on Luzerne Road. I 23 was involved in that development and 24 other projects on Main Street. First 25 off, I"m speaking off the cuff. I Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 104 1 would like to mention that I am in 2 very strong support of the project. I 3 have been doing business in 4 Queensbury, Glens Falls for 18 years. 5 I have been on Broad Street for ten 6 and a half years, and have been in the 7 Total Care Plaza now for almost eight 8 years, but seventeen years conducting 9 business. And I do that drive every 10 day off of Exit 18 down to the C.V.S.. 11 My residence, my home is in Saratoga 12 Springs, New York, which I"m not 13 trying to compare Glens Falls to 14 Saratoga. They both have, they are 15 both beautiful in their own way. But 16 I believe the effort the County and 17 Town are making right now would be 18 very beneficial to the City of Glens 19 Falls and to the Town for merchants, 20 for businesses, for property values. 21 Many days I drive down the road, it"s 22 a little dreary at times, could be 23 depressing. There is great potential, 24 great hope. I believe this project 25 will put it in that direction. I Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 105 1 think it should move forward. 2 Thank you very much. 3 MR. STEC: Thank you very much, 4 sir. 5 MR. LAMY: Is there anyone else 6 that would care to make any comments 7 on the record? Is there anybody that 8 previously spoke? We have a taker. 9 MR. KRUGER: Don Kruger. 10 MR. LAMY: What is your address? 11 MR. KRUGER: My mailing address 12 is Three Osprey View, Queensbury. I 13 own the property at 60 Big Boom Road, 14 and although it doesn't -- when they 15 first started talking about it, they 16 were talking about impacting us, which 17 apparently wouldn't happen now. The 18 only question I really had was there 19 is so much traffic on Big Boom Road 20 now to try to go through there with 21 construction -- I'm in the 22 construction business -- I fail to 23 understand how they will work it out. 24 If you go through there at nine 25 o'clock in the morning, between U.P.S. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 106 1 trucks and my trucks and Ready Mix 2 trucks, it's incredible. I was 3 wondering if they could make a 4 temporary road to the right go down 5 like River Street and towards Glens 6 Falls so we can get away from that. 7 It will be impossible for all of us to 8 get in and out of there. If we can 9 look at that in a constructive manner. 10 If it was only a temporary road that 11 we will take up later, but it should 12 follow like an old train thing. They 13 used to go back and forth there with 14 four train tracks, used to go down to 15 the IP. Build the tracks all the way 16 back through my property all the way 17 down . 18 I have been in the construction 19 business for 49 years. I fail to 20 understand how it will work and have 21 everybody do work and live together at 22 the same time. That is my only 23 thought. 24 MR. LAMY: Certainly handling 25 the traffic during construction is one Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing T own of Queensbury and Warren County 107 1 of our major hurdles. We will 2 certainly be giving that all kinds of 3 thought. 4 Anybody else like to make any 5 comments on the record? Is there 6 anybody that previously commented that 7 still has more they would like to add? 8 MR. ASH: I gave up my place 9 before. You I have a question. 10 stated that the property that is going 11 to be taken in front of the house, 12 including the sidewalk, you will have 13 two feet beyond the sidewalk. Is 14 that, did I understand that correctly? 15 In other words, you will have the 16 portion in the front by the road, the 17 sidewalk and two feet beyond that? 18 MR. LAMY: I believe that is 19 where we are establishing the County 20 line. 21 MR. ASH: Now, if that is done, 22 how much property, how much area 23 should there be before the property 24 and that easement? How much are you 25 taking? Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 108 1 MR. LAMY: I'm not sure. I 2 think the easement would share a 3 common line. 4 MR. ASH: With the house? 5 MR. Hafner: Yes. 6 MR. ASH: Is there a particular 7 distance that is supposed to be 8 between the sidewalk and the house 9 supposedly, or isn't there any 10 measurements that is supposed to be 11 there? 12 MR. LAMY: I don't have an 13 answer to your question. 14 MR. ASH: I'm at 76 Main Street. 15 From the map back there, I'm one of 16 the closest houses to the road, and I 17 was very concerned, because otherwise 18 the sidewalk will be right up against 19 my window, you know? I'm concerned 20 about that, you know? I have a 21 bedroom and living room in the front 22 of the house there. You know, it is a 23 concern. 24 MR. HAFNER: Your name and 25 address? Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 109 1 MR. ASH: Yes, Raymond Ash. 2 They have a card there. 3 MR. LAMY: Anybody else have any 4 with that, before we close comments? 5 the public hearing, I have a couple of 6 procedural things to go through. Let 7 me look at my notes and do that. 8 At the completion of the 9 hearing, a transcript will be 10 developed and copies of the County's 11 record will be available for 12 inspection or copying at the Warren 13 County Municipal Center, both at the 14 County Clerk's office and also at the 15 Office of the Clerk of the Board of 16 Supervisors. There it will be a copy 17 placed at the Crandall Public Library 18 and the Queensbury Town Hall Activity 19 Center. 20 MR. HAFNER: Would you prefer it 21 at the Clerk's Office rather than the 22 Activity Center? I'm asking you. 23 TOWN CLERK: The Town Clerk's 24 office. 25 The Town's record MR. HAFNER: Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 110 1 will be at the your office as opposed 2 to the Community Center. Do you want 3 the record at your office, as well? 4 They want to store it at Town Hall. 5 Do you want it at your office? 6 MR. LAMY: Let me correct that. 7 The County's copy of the proceedings 8 will be at the office of the Town 9 Clerk in the Queensbury Town Hall. 10 MR. HAFNER: Can I jump in and 11 say the Town's will be kept at the 12 Queensbury County Clerk's Office and 13 the Warren County Clerk's Office? We 14 will have two copies at those 15 locations. 16 MR. LAMY: I will also add the 17 determination and findings, a brief 18 synopsis will be published within 90 19 days of the conclusion of this hearing 20 in two consecutive issues of the 21 official newspaper. 22 With that, I would like to thank 23 everybody for attending. Thank you 24 all for your input and comments. 25 MR. STEC: Unless anybody wants Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 111 1 to comment on the hearing, on behalf 2 of the Town's portion I will declare 3 the public hearing on behalf of the 4 Town closed. 5 MR. LAMY: Before we close our 6 portion of the public hearing, for 7 clarification I need to state for the 8 record that the County's copies of the 9 record will be available for 10 inspection or copying at the Warren 11 County Municipal Center at the office 12 of the County Clerk and at the office 13 of the Clerk of the Board of 14 Supervisors, as well as the Crandall 15 Public Library and the office of the 16 Town Clerk at the Queensbury Town 17 Hall. 18 MR. STEC: That is where the 19 copies will be. 20 The Town's will be at the Town 21 Hall at our Clerk's Office and the 22 Warren County Clerk's Office. 23 We have closed the Town's 24 hearing. I want to thank everybody 25 for their participation. Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832 Public Hearing Town of Queensbury and Warren County 112 1 MR. LAMY: I will close the 2 County's portion of the public 3 hearing, and thanks, everybody, for 4 attending. Thank you very much for 5 your patience. We have gone through 6 all the procedural stuff. 7 MR. STEC: The Town Board will 8 take a brief recess and the Town 9 Boards will vote on a considered 10 resolution on separate Town business. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Joan A. DeCaro Martin Deposition Services, Inc. (518) 587-6832