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2004-11-01 MTG51 Regular Town Board Meeting, 11-01-2004, Mtg #51 520 REGULAR TOWN BOARD MEETING Mtg #51 ST NOVEMBER 1, 2004 Res. #531-548 7:07 P.M. BOH Res. #31 LL#10, 2004 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Marilyn Ryba, Executive Director of Community Development Mr. David Hatin, Director Of Building & Codes Ralph VanDusen, Water/Wastewater Superintendent PRESS: Glens Falls Post Star, TV-8 SUPERVISOR STEC called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 531, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn Regular Session and enter as the Queensbury Board of Health. st Duly adopted this 1 day of November, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH CONTINUED PUBLIC HEARING Sewage Disposal Variance Application Of Steve And Debby Seaboyer Notice Shown 7:09 P.M. SUPERVISOR STEC-Okay, and is Mr. and Mrs. Seaboyer and or their agent present? I’ll just ask that you state your name for the record please. COUNSEL MIKE O’CONNOR-Gentlemen, I’m Mike O’Connor from the Law Firm of Little and O’Connor and I’m at the table here with Tom Center who is the Engineering Consultant for the Regular Town Board Meeting, 11-01-2004, Mtg #51 521 applicants and Steven Seaboyer, the applicant is also here with us. We have submitted plans to you, I think they’ve been here two or three times. They’ve tried apparently from what I could see by the file to listen to the comments and suggestions that were made and as Dave Hatin came in, he handed us a sign-off letter as to the engineering for CT Male, I don’t know if you have that in your packet or not. Do you have that? COUNCILMAN BOOR-What’s the date of that letter? st COUNSEL O’CONNOR-November 1. COUNCILMAN BOOR-Don’t have that. COUNSEL O’CONNOR-I’ll give you the official one. SUPERVISOR STEC-Why don’t we ask Caroline to read that into the record, please Caroline. The last correspondence we had had for today, Mr. O’Connor just a letter to Mr. Hatin dated October th 18, and then we did get a, I guess we got handed to us this evening, this might be it right here, a st letter dated November 1 also from C.T. Male. DEPUTY TOWN CLERK BARBER read the following into the record: (letter on file in the Town Clerk’s Office) November 1, 2004 Dave Hatin Director of Building Enforcement Town of Queensbury 742 Bay Road Queensbury, New York 12804 Re: Septic System Variance Seaboyer Residence, 83 Rockhurst Rd. Dear Mr. Hatin: We have received and reviewed the revised plans for the Seaboyer Residence and have also reviewed a response letter from the applicant dated October 25, 2004. Based on the information provided, we find the revised plan to be acceptable given the site constraints. The applicant satisfactorily addressed our comments in our letter dated October 18, 2004. We have no further comments in regard to this project. Sincerely, James R. Edwards, P.E. Project Manager C.T. Male Associates, P.C. th COUNSEL O’CONNOR-And there was a letter of October 25 from Nace Engineering. th COUNCILMAN BREWER-October 18, I got. th COUNCILMAN BOOR-October 18 is the last correspondence we have as a Board. SUPERVISOR STEC-From C.T. Male. COUNCILMAN BOOR-From C.T. Male, from anybody. SUPERVISOR STEC-I found, I’ve got a letter from Nace. Regular Town Board Meeting, 11-01-2004, Mtg #51 522 th COUNCILMAN STROUGH-I’ve got one October 25, 2003. COUNSEL O’CONNOR-From Nace to C.T. Male. COUNCILMAN STROUGH-2003? MR. TOM CENTER-That would be an error in the year. I did hand deliver enough copies for the entire Board to Mr. Hatin’s Office last Monday, a week in advance. COUNCILMAN STROUGH-Yea, we’ll just get it on the record, it is 2004. MR. CENTER-Yes. th SUPERVISOR STEC-Okay, good catch. Alright, if I can try to recap, at the 18 meeting we had thth asked for, I think it was the 18 meeting, maybe it was the 4, we had asked for additional information and we had sent this to C.T. Male for their comment and they provided us a letter dated thth the 18 and then the Nace Engineering letter on the 25 is a response to that. And then tonight, just tonight, Dave Hatin handed us a correspondence back from Nace, the Town’s Engineer that was just read into the record. So, I think that straightens it out and I’m seeing Mr. Hatin is nodding his head that that is correct. So, with that, I’ll turn it to the applicant if you have any further comment or explanation. COUNSEL O’CONNOR-If you have further questions, we’d be glad to try and answer them. TOWN COUNSEL HAFNER-Can I just mention one other letter or maybe I missed it when you went through it, we have a letter from the Highway Superintendent. SUPERVISOR STEC-Oh, I did not mention it, I’m sorry. TOWN COUNSEL HAFNER-I think that it should be part of the record. I don’t know who you want to read it in, it’s short. th SUPERVISOR STEC-Why don’t we ask Caroline to read that in as well and that was dated the 29. DEPUTY TOWN CLERK BARBER read the following into the record: (letter on file in the Town Clerk’s Office) October 29, 2004 Nace Engineering 169 Haviland Avenue Queensbury, NY 12804 Attn: Tom Center Dear Mr. Center: At this time, I will allow curbing to be put in front of Mr. Seaboyer’s property on 83 Rockhurst Rd with the understanding that he accepts all responsibility of maintaining this curb. Also, if at any time this becomes a problem for the Town of Queensbury maintaining the roadway (i.e. plowing, drainage, etc.) that it would have to be removed. If you have any other questions, please do not hesitate to call. Sincerely, Richard A. Missita Town of Queensbury Highway Superintendent Regular Town Board Meeting, 11-01-2004, Mtg #51 523 COUNSEL O’CONNOR-The applicant has no problems with those comments and whatever the town thinks is necessary we will do. SUPERVISOR STEC-Okay and we had left the public hearing open but before we resume that, are there specific questions from Board Members that we should start asking first? Roger. COUNCILMAN BOOR-My question would be to, unfortunately our own engineer who is not here because it was the instructions of this Board that they review this project and the site and when I th read the letter to Mr. Hatin dated October 18 it says, as per the request of the Town Board, we have reviewed the site plan, details and application submitted for a septic variance for the Seaboyer residence located on 83 Rockhurst Road. Based on our review of the information provided, we offer the following comments which leads me to believe that they never actually went to the site and that they relied on information that you gave them which is not really what I had hoped for. And probably to drive this point home, I’ll go to item number 3 and it says, as a general comment, given the property slope and area constraints we concur that the replacement system is located in the best available sites. Details or notes should be added, however, that address the disposition of the existing failed septic system. The problem is, there isn’t a failed septic system here so it’s obvious to me that our engineer was given faulty information to go with to begin with. So, I’m not sure how relevant anything that C.T. Male has done would be. MR. CENTER-I did speak with them about that comment in particular and I told them that it was a holding tank currently, that there was no failed system. I did make it clear on this submission that I sent in that it is a thousand gallon holding tank and that’s the existing system, to clear up that comment and we spoke about that, he had no additional comment. SUPERVISOR STEC-Right, but to add to what Roger’s asking though, he’s, I mean I understand that, the question is, is that if they had that misconception at that beginning, did they have other misconceptions about what they reviewed or looked at. I mean, and I don’t know and maybe Dave Hatin had a, you know a conversation with them or has more information regarding whether or not he’s convinced that they had a thorough knowledge or understanding or maybe he knows whether or not they went there to the site because it’s not clear whether or not they did but I can understand how it’s not clear. th COUNSEL O’CONNOR-In the letter of October 25 which was in response to the comments that they had, the Nace Engineering specifically said the existing system consists of a pump station built of block and a thousand gallon holding tank. These structures will be removed as shown as the proposed site plan. COUNCILMAN BOOR-It still does not give me the feeling that C.T. Male actually went to the site and had a first hand view of everything that was there and I think COUNSEL O’CONNOR-I can’t tell you whether they went to the site or not, Roger. COUNCILMAN BOOR-I know and I guess that’s where I have a problem because it was, I thought we made it clear that we wanted them to go to the site, look at the site, look at the situation and apprise us if in fact this was something that was appropriate or better then what they had now and I th don’t, from all of the literature that you’ve given us including the Memo dated the 25, it’s still not clear if our engineer actually went to the site. It appears that they went by the applicants engineering which sort of tells me why bother to pay for an engineer if we’re just reviewing another engineer’s work. I want them to go out and actually do the field testing, look at the site. COUNSEL O’CONNOR-I don’t think typically that’s what your Town Engineers are doing on applications. We submit something that’s signed, sealed by a licensed engineer and they review that to determine whether or not there needs to be improvement to it or whether the system as designed will work and then they either sign off on it or make comments. And then typically the applicant addresses the comments and then they respond whether or not the comments have been addressed appropriately. COUNCILMAN BOOR-That’s valid but I don’t think it addresses my concern that our engineer actually saw the physical site itself and understood completely the issues at hand. Regular Town Board Meeting, 11-01-2004, Mtg #51 524 SUPERVISOR STEC-Well, I want to ask Dave Hatin, Dave do you have any information that would clear this up or can you tell us what was communicated to C.T. Male back when we had referred this to an engineer as far as did we specifically ask them to look at that, to visit the site? I mean, I know what was said at the meeting but what was communicated to them and do you know whether or not they were at the site? MR. DAVE HATIN, Director of Building & Codes-What was communicated to them was the concerns of the Board. They were not specifically asked to go to the site, no. It was my understanding that was going to be left up between Mr. Seaboyer’s engineer and Jim Edwards as to whether he felt he needed to visit the site. As Mike O’Connor said, it’s typically not the job of the engineer to visit the site, they review drawings. If you would like to table this and have him do that, I can certainly relay that message. COUNCILMAN BOOR-I would be more comfortable with that. MR. HATIN, Director of Building & Codes-Alright and that’s not a problem. SUPERVISOR STEC-And Dave, while we’ve got you at the microphone and before we take any additional public comment, your, I mean obviously you followed from the last Town Board Meeting, you followed the process from then until now. MR. HATIN, Director of Building & Codes-Correct. SUPERVISOR STEC-Then can you share with the Board you’re take on the addresses that were referred to the engineer. I mean obviously we can read what was sent but I mean you were the point man on the discussions so I thought I’d ask you your take on what their observations were and the remedies. MR.HATIN, Director of Building & Codes-Well I think the engineer has, you know reviewed Tom Center’s work to make sure it’s consistent with the design of the system. As Jim Edwards said to me today when I, after I, before I talked to you, he felt it was the best possible situation given the constraints of the site as he put it in his letter. You’re not going to get a better design here if you want a system on this lot. SUPERVISOR STEC-So, the question, I mean I don’t want to put words in your mouth but are you saying that the choices would be then this as a system or a holding tank. MR. HATIN, Director of Building & Codes-Yea, the problem you’re going to have is if you go to a different type system other then this, you’re going to require more variances because it is going to push it closer to the lake, it’s going to push it closer to something obviously to make it bigger. This is the smallest type system you can put on this lot for the applicable number of bedrooms and the design and I believe this is or designed somewhat for the number of bedrooms and perhaps Tom Center can speak to that more direct. SUPERVISOR STEC-Questions from the Board to Dave while we’ve got Dave in the chair? COUNCILMAN BOOR-Well, I know that the last time we granted Mr. Seaboyer the ability to put in a three thousand gallon holding tank and it was my understanding that’s what you were going to do so I was a little bit surprised when you came back with this revised plan. Tom Center requested it specifically and we said yes, you can go with a three thousand gallon holding tank and I can produce those minutes if there’s a problem with that. SUPERVISOR STEC-No, I recall that general, not all the details but that general. COUNCILMAN BREWER-I think that was brought up as an option, I don’t think that was brought up as that’s what he was going to do, I think COUNCILMAN BOOR-No, he could keep it just the way it is, you know, he could keep SUPERVISOR STEC-Well, that’s the other question, failed or not failed? Not failed? MR. HATIN, Director of Building & Codes-Not failed. Regular Town Board Meeting, 11-01-2004, Mtg #51 525 SUPERVISOR STEC-Alright, I want to make sure we’re clear on that. MR.HATIN, Director of Building & Codes-As far as all the information that’s been provided to me, no there’s no failure here. COUNCILMAN STROUGH-Dave, now we’ve gone through this before, our Town Code which is superceded by the other one but I don’t think in this instance I don’t remember reading in the other one where anything superceded this, our Town Code suggests that you try and locate and I know this isn’t always possible, seasonal high groundwater during March, April, May and June. MR. HATIN, Director of Building & Codes-Correct. COUNCILMAN STROUGH-Because that’s when it most likely be the highest and you want to look at it in the worst case scenario. In this case, they did two tests, one in August 2003 and one in February of 2004 and they did come up with a three foot, you know, groundwater at three foot below surface situation which at the times when they did it, it seemed that the groundwater table would be lower then it might be a some other points of the year. Is that a concern? MR. HATIN, Director of Building & Codes-Well I think if you look at the test pit data you’ll see mottling and mottling is more a stain in the soil which typically represents the highest water level obtained in that area during a particular time of year, it’s a stain caused by high groundwater. I’m not an expert in it and don’t profess to be but I know Tom Nace is one of the engineers that was approved several years ago by a Town Board Resolution to determine this by our Ordinance out of season. Alright and Tom does have the authority to do that. COUNCILMAN STROUGH-And the only reason why I say three feet and mottling here is the Taylors who did theirs at a different time of the year and did find the water table at three feet. So, and they’re not far from here so I’m going to assume that the general conditions remain similar. MR. HATIN, Director of Building & Codes-Well ironically, the Seaboyer residence is quite a bit of elevation difference between water level of the lake and his actual ground level where the Taylor residence is located fairly close to the ground or fairly close to the lake when you look at elevation wise. So, there’s a big difference in road elevation I guess would be the best, simplest way to put it. COUNCILMAN STROUGH-Yea, but water table follows elevation anyways. MR. HATIN, Director of Building & Codes-Right, it will vary, right and it depends on soil conditions within that area so but the lake elevation just alone, there’s a big difference in these two properties. COUNCILMAN BOOR-One is greatly elevated over the lake thus the twenty percent or greater slope. MR. HATIN, Director of Building & Codes-Correct, right. SUPERVISOR STEC-Okay, anything else for Mr. Hatin before we reopen or resume the public hearing? COUNCILMAN BREWER-Just one question to their engineer, Dan. SUPERVISOR STEC-Yes. COUNCILMAN BREWER-Do we have a response from you to C.T. Male telling them how you’re going to fix all these things? th COUNSEL O’CONNOR-Dated October 25. COUNCILMAN STROUGH-Yes. th COUNCILMAN BREWER-I don’t have that I don’t think. I’ve got October 18, November 1. Regular Town Board Meeting, 11-01-2004, Mtg #51 526 COUNSEL O’CONNOR-The Nace letter. SUPERVISOR STEC-Alright, at this time, I’ll ask if there’s any members of the public that would like to comment on this public hearing and again it’s a continuation of an earlier public hearing that we took no action on, just raise your hand. Yes, Mr. Navitsky. MR. CHRIS NAVITSKY-Chris Navitsky, Lake George Waterkeeper. I have a comment letter if I could submit that in, I have copies for the Board and one for the applicant if that’s SUPERVISOR STEC-That’s fine. MR. NAVITSKY-Good evening, Chris Navitsky, Lake George Waterkeeper. I just had a couple of comments on the proposed system and then I’ll read the letter. The first point is, although the Eljen system is an approved system by the New York State Department of Health, it does not provide any additional treatment more then a standard absorption system. It’s really a gravelliest system that limits the length of system required after a septic tank. In addition the installation of new code compliant plumbing fixtures does not reduce the biological load to the system. Another alternative would be that would improve wastewater treatment would be an aerobic treatment unit which increases the biological activity within the septic tanks and reduces the transfer of organic material and levels of microbial parameters which is basically the Giardia, Cryptosporidium, Coliform Bacteria to the absorption field. These are your areas of concern regarding impacts to drinking water. This will be critical in this particular application where relief is being requested and separation to drinking water which is Lake George. And I do have concerns about the maximum allowable existing ground surface slope for built up systems which the ordinance claims, says it should be ten percent and the existing grade is twenty percent. And the third question I had was necessity for the replacement of the system, was the existing situation failing, is there a holding tank and was this based on an economic decision? Based on these concerns I feel the level of treatment should be provided at a higher level to minimize the impacts to the lake and that’s my comments. SUPERVISOR STEC-Question. From the, a couple of the seminars that I’ve gone to, Lake George Watershed Conference some of which you’ve attended, the aerobic system that you mentioned in your first point, I’m told that they’re comparable in costs, installation costs to an Eljen system or your typical current frontline septic technologies. MR. NAVITSKY-Yes. SUPERVISOR STEC-That they’re comparable cost wise. MR. NAVITSKY-They’re comparable cost wise, there is a operational component to the aerobic treatment to upkeep the, provide electricity to so there’s a little electrical component but it’s similar to a light fixture and then there’s a contract to maintain those systems also, make sure the aerobic unit is working properly and that does allow, it does provide a secondary level of treatment much greater then what the standard system is from a septic tank to an Eljen system. An Eljen system really is beneficial because that reduces impacts to the soils when they bring in fill and instead of having dump trucks and whatnot that come over and can pack the soils due to dumping gravel in the area, this actually is a much easier system to go in, the Eljen but it doesn’t give you a higher level of treatment. So, that’s one of the benefits on the Eljen but to get back to your one question, the aerobic system is comparable, it’s basically a septic tank with an aerobic unit in it to provide oxygen to the bugs that work and help digest the waste. COUNCILMAN BOOR-Does it, spacely, does it require more or less room then an Eljen on an orange for orange basis? SUPERVISOR STEC-Surface area. COUNCILMAN BOOR-Yea, surface. MR. NAVITSKY-It doesn’t require any more and the SUPERVISOR STEC-It’s deeper though right? I mean, surface area doesn’t require as much as the Eljen but it goes deeper, it sits down into the ground deeper. Regular Town Board Meeting, 11-01-2004, Mtg #51 527 MR. NAVITSKY-No, it’s basically, you mean the septic tank itself? SUPERVISOR STEC-Yea, as opposed MR. NAVITSKY-A septic tank might, might be a little deeper but not, I mean you’re talking a foot or so, nothing comparable that would really throw costs difference significantly between the two. COUNCILMAN BOOR-Does it, the ultimate effluent after it’s been (quasi-art?) or whatever, after it’s been mixed with the oxygen, does it go into an Eljen type field? MR. NAVITSKY-It could go into an Eljen system, it could go into a standard absorption system but it’s going in a much cleaner effluent, there’s a much, the risk of developing the biomat which is a sludge layer in the absorption field is reduced because a lot of the biological treatment has been taken out in the septic tank by providing the oxygen and the treatment that would be going on in an absorption field where you get the oxygen and the aeration going into the absorption system has already taken place because that’s been provided by the aeration unit in the septic tank. COUNCILMAN BOOR-The other question would be as far as monitoring and maintenance, if a system like this is not maintained will it still allow a user to put untold quantities into it? MR. NAVITSKY-This, I’m sorry, Mr. Boor could you COUNCILMAN BOOR-Well, in other words, I have seen one of these and it seemed to be a great system. My question is, if you get and certainly this isn’t a reflection on Mr. Seaboyer, if you have an owner who has one of these things but fails to maintain to the manufacturer’s specifications, can, will this person be able to still put untold gallons into it and yet not get the benefit of the system? MR. NAVITSKY-What will happen if the system is not maintained that this will basically become a septic tank. With these type of systems come with a maintenance contract, if that contracts not kept up, they will turn into basically a septic system, a septic tank because that’s what it is, it’s a septic tank with an aeration unit. If that is not kept up and the maintenance kept up, it will basically turn into a septic tank. That is one of the items of debate that the onsite wastewater system, New York State Department of Health is going through an upgrade to 75A, there’s a committee of professionals looking at the regulations, the same committee that allowed a reduction in length for Eljen systems. The committee has not given any credit for reduction of substantial field length to the aerobic systems because without a guarantee that the system will be maintained it basically is a septic tank. So, there has to be a maintenance COUNCILMAN BOOR-In, as far as if something like this was to be instituted would it require a wastewater management district in order to maintain, how would it be monitored and who would be responsible, how could that be assured? MR. NAVITSKY-There, my, Town may not like this but if there’s a septic permit given for an aerobic system, there should be a permit requirement for upkeep on that and there is, with an aerobic system there’s typically a annual maintenance contract that comes with that and that would be part of a submission of any plan requirement to the town or the governing municipality. So, there is with the aerobic system there is a maintenance that’s important. COUNCILMAN BOOR-And does one need to be licensed to install this system? MR. NAVITSKY-One does not need to be licensed, no. COUNCILMAN BOOR-So, how do we assure this maintenance contract is kept up? I mean, in other words, if it was a maintenance contract where there was a fee involved by a licensed contractor and if somebody didn’t do it, the contractor could go to the municipality and say, hey, you know what, I installed this system about two years ago and they haven’t called me back and I’m wondering if this is being maintained. In that instance, there would be some mechanism by which there would be an incentive for the contractor to go to the authority and say hey, you know what, this isn’t being met. I know this is a fairly new system that you’re talking about, I’m just wondering the logistics of monitoring and assuring that it’s maintained and utilized in the fashion that it’s supposed to. Regular Town Board Meeting, 11-01-2004, Mtg #51 528 MR. NAVITSKY-What the municipality could have is again, have conditions tied to any permit that if they receive such a notification from a contractor that the applicant is put on notice that they are in noncompliance with their permit requirements that were placed on the approval and I think that can be similar to any number of conditions that are placed on any approval that if they don’t meet the requirements and upkeep of their system or similar things such as with stormwater maintenance agreements that are placed on subdivisions or land development projects, if they don’t keep up with their agreement for maintenance and upkeep of the stormwater basins or such, then they’re also held in noncompliance with their approval. COUNCILMAN BOOR-So it would be, a code officer essentially could go out, a code enforcement officer. MR. NAVITSKY-That could, you know again, that could just be conditioned a permit that the supplier or contractor who installs that and has the annual maintenance agreement does not, is not being paid for his work or is not up-keeping that, they are to notify the town and they as part of their installation, that is part of their specifications and criteria that go along with this type of system and that could be put into specifications that are submitted with the application and be a condition of approval. Again, similar to a maintenance agreement that is on private roads or stormwater systems or something along those lines. COUNCILMAN BREWER-Is this a New York State approved system similar to the Eljen? MR. NAVITSKY-Yes, yes this is COUNCILMAN BREWER-It is approved? MR. NAVITSKY-There is, again, this is a system that they place under their alternative systems. The Eljen system has gone through that alternative system and received these approvals from New York State Department of Health. The aerobic systems are an approved alternative system by New York State Department of Health also. COUNCILMAN STROUGH-And Chris, when you say septic tank you mean the same thing as a holding tank? MR. NAVITSKY-No, septic tank is a apparatus that is set into the ground to hold solids that come in and allow a liquid affluent discharge. Holding tank allows no effluent discharge. COUNCILMAN STROUGH-Okay. MR. NAVITSKY-So, a holding tank simply holds everything that comes in. Septic tank with it’s baffles permit water to come in and with it’s baffles hold the solids and allow them to settle out, has a level that keeps that greases and the oils on the top level and then there are baffles cut in the middle that allow the liquid to flow through. COUNCILMAN STROUGH-So, the septic tank we add, we introduce oxygen to it to get aerobic digestion? MR. NAVITSKY-Yes. COUNCILMAN STROUGH-As opposed to anaerobic digestion. MR. NAVITSKY-That’s correct. COUNCILMAN STROUGH-And is there an exhaust component because if there’s an oxygen input there’s got to be some kind of exhaust component? MR. NAVITSKY-There is, that is through the outlet of the tank and out into the field. There can be, with a typical septic tank you have a gas deflector which prevents that escape but with this type of system, you allow that gas escape cause you’re inducting gas in there and it allows the treatment to go on. COUNCILMAN STROUGH-So, it’s just a more efficient system. Regular Town Board Meeting, 11-01-2004, Mtg #51 529 MR. NAVITSKY-It provides a higher degree of treatment, I mean, you’re basically turning your two stages of treatment in this typical septic tank an absorption system to a tertiary level by adding that aerobic digestion. COUNCILMAN STROUGH-Okay. SUPERVISOR STEC-Any other questions for Mr. Navitsky? Okay, thank you Mr. Navitsky. Any other comment from the public regarding this variance request? Okay, I’ll ask the applicants to come back and I think the question, at least that I have and I think Mr. Hatin helped us, to conclude is the key question is the, and further brought forth by Mr. Navitsky’s letter is the need to get away from a holding tank that were on now to go towards any system, the proposed one or the proposed one plus an aerobic unit or whatnot, the reason to deviate from the current system? COUNSEL O’CONNOR-Typically holding tanks aren’t encouraged around the lake and if you can find a system that will work they are encouraged by most of the regulatory agencies and that is certainly something that we would like to do. Obviously, there is an economic impact but I think as you’ve seen the applicant try to make efforts to get an approval and listen to the comments that have been made by the Board and by others, trying to come into compliance as much as possible, it’s not strictly just economic. Rather then have, you know you talk about maintenance, you talk about how you’re sure it works, typical holding tank puts an alarm system in it and the alarm system has to work, maybe the same as this other system works that there would be some type of check and st balances. This is the first that we’ve seen of Mr. Navitsky’s letter which is also dated November 1, and I’m not sure if, where you were as far as whether you were satisfied with whether or not you thought C.T. Male had done everything that you wanted them to do. If you were going to table the application to assure yourself whether or not they had done what you thought they were going to do, I think we’d be willing to look at this system that has just been suggested and see whether or not we can incorporate that. Basically what we have right now is a septic system that goes into an Eljen system absorption field. COUNCILMAN BOOR-What you’re proposing. COUNSEL O’CONNOR-That’s what we’re proposing. COUNCILMAN BOOR-What you’re proposing, not what you have. COUNSEL O’CONNOR-No, that’s what we’re proposing. COUNCILMAN BOOR-What you have, does no pollution, right? COUNSEL O’CONNOR-If this is a way that works and maybe makes the effluent that goes into the Eljen system better, it would make the, you know we would have a system that would last longer ourselves and it’s something that we would look at. SUPERVISOR STEC-Speaking for myself, I’m happy to hear that. I really, I don’t like tabling and carrying along applications, prolonged as I’m sure no applicant does and I know that we’ve kicked this one around a little bit. We did get some submissions today, one from our engineers C.T. Male and the other one of course from Mr. Navitsky and so I apologize to the applicant for that but certainly I think that you know, the little bit that I’ve learned about these aerobic systems I think that they are going to be a new trend on Lake George. I think that the Waterkeeper is going to be pushing for that but I think that that is where the technology is going for the lake and certainly in North Queensbury short of sewering North Queensbury, I think that looking for ways to do all we can to protect whatever’s going into the lake to treat it to the maximum extent is great. So, I’m sure that, I don’t want to speak for the Board but I’m gathering that they’re also interested in pursing this aerobic portion to your system but I’ll be curious to hear what the rest of the Board has to say. COUNCILMAN STROUGH-Well, yea, I’m on the fence. I was opposed to this vehemently until .. the expanded the system which he upgraded and expanded the system, Tom COUNSEL O’CONNOR-I think we’re now at a hundred and thirty-eight percent of what the code requires as far as absorption fields. Regular Town Board Meeting, 11-01-2004, Mtg #51 530 COUNCILMAN STROUGH-And I’ve talked about this with other Board Members too and can we condition it that it stays two bedroom and there is the reality that Mr. Seaboyer may or may not rent his docks out. If he does, then he has to avail his bathroom facilities to those people renting those docks and it’s the summer crowd but this is a little bit better and it put me on the fence and I don’t know which way to go. I mean, I do have questions about the curbing and the Highway Department has the question about the curbing but if the applicant were to go the extra measure and produce a more efficient system, add the aerobic component then I think I would fall on the side of the applicant in this case. SUPERVISOR STEC-Ted, Roger? COUNCILMAN TURNER-I’d rather see him go ahead and research the newer system right now and get all their ducks in a row and then come back and not deal with it here tonight well we’re all just looking at it. COUNSEL O’CONNOR-Well we’re not prepared to do that Mr. Turner. COUNCILMAN TURNER-You’re not? COUNSEL O’CONNOR-We’re not prepared to deal with it tonight. COUNCILMAN TURNER-No, I know you’re not. Okay, that’s fine. COUNSEL O’CONNOR-It’s news to us, we don’t know the cost of it, we don’t know the availability of contractors to do it and everything else. COUNCILMAN TURNER-I know you don’t and I wasn’t suggesting that. COUNSEL O’CONNOR-Okay. COUNCILMAN TURNER-I just said, get it off the table, go and do what you’ve got to do with the new proposed system Mr. Navitsky just talked about and see what you come up with and then come back. COUNSEL O’CONNOR-Okay, the new system that he proposed though will still require the same setback variances. SUPERVISOR STEC-Correct. COUNCILMAN TURNER-I understand that. SUPERVISOR STEC-Yea, I think we understand that. COUNSEL O’CONNOR-Okay. SUPERVISOR STEC-Roger? COUNCILMAN BOOR-I think I made my point clear multiple times. Rockhurst is a problematic area, I was very disappointed with the County, I had hoped and I had gone to Mr. Champagne and Bill Lamy in hopes that we could do a pilot program with a wastewater management district on Rockhurst, it’s a straight line, it would certainly give an addiction of what it would cost to actually sewer to the extent that the big government project was going to be and it would have alleviated these types of applications for us. If sewer ever did come to that area you could do your connection and all of those homes would be hooked up. That’s not a reality, I understand that, I’m disappointed that it was their way or no way. Having said that, I’m always in favor of a holding tank, it’s a rarity that a holding tank’s in place, I think there are properties on the lake that should be on holding tanks but there are laws that make it difficult to retrofit with holding tanks. I do think this is an economic decision, I think it’s much easier to not pay attention to how many times you flush or if you have guests, how much water you should use and that’s problematic. We did grant you the ability to put in a three thousand gallon holding tank as I said earlier, apparently that’s not really what you want to do and I can understand that also. I would consider this new system as an alternative but I will be right up front with you, I’m very disappointed that our engineers did not visit the site. I don’t think Regular Town Board Meeting, 11-01-2004, Mtg #51 531 that just one engineer handing their paperwork over to be corrected or to be reviewed is what this Board intended and it really serves this Board very poorly. I don’t want to be paying for our engineer to review work of another engineer because it all depends on how your data was gathered. If you have bad data, it doesn’t make any difference who reviews it, we’re not going to come up with the right answer so it would have been my hope that our engineer would have gone to the site, done his own tests and I would have been more comfortable with the results of that. That didn’t happen. I would be comfortable with our engineers going to the site, reviewing it and also looking at this new aerobic system and if, I would be more comfortable with the aerobic system. I think if it’s a tertiary type of byproduct coming in, it affords greater protection of the lake. I don’t think your property’s suited for what you have brought to this Board tonight. I know that you, Mr. Center has said in the past that, well, neighbors have done it but that’s not, you know that’s how we get into these problems and that’s how the lake quality diminishes is because well, they did it, well they did it, well they did and you go right down the line and eventually you’ve got major water quality problems so I want to avoid that and I want to be a little tougher and avoid the problems that we’ll create in the future which will be much more expensive. So, without going any further, I would be interested in our engineers looking at the system proposed by Mr. Navitsky and with all due respect, I’m not really concerned with what it costs. If it costs a lot, that’s a choice you have to make. You know, it’s the water quality that’s important, that’s what this Board is here for, this is the Board of Health, we’re here to protect public health. We’re not here to make sure that this is less expensive or that this is more expensive or this costs this much or this doesn’t, we’re here to protect the public health and the lake and I think that’s what we need to do and if C.T. Male reviews this new system and it says, yes, it’s an improvement then I would probably be leaning towards saying that that would work for me. SUPERVISOR STEC-Tim? COUNCILMAN BREWER-I have no problem with the applicant looking at this system, not binding him to any consideration that we say here tonight but I think in fairness to the applicant and us, Roger, if we want the engineer to go look at the site, we ought to be telling them to go look at the site. I think all we did was tell him to review what was submitted and give us comments. I can’t remember the exact words that were said, I don’t think any of us can recall that but I think we have to be more specific if we anticipate an engineer is going to go to the site, then we ought to make sure that we tell him to do that. COUNCILMAN BOOR-I think that in the future that’s mandatory. I don’t want COUNCILMAN BREWER-And that’s fine. COUNCILMAN BOOR-An engineer just reviewing numbers, I’m sure the math is correct, I’m sure he did a wonderful job with the math, that’s really not the issue. SUPERVISOR STEC-And I will call Jim Edwards tomorrow and convey that desire to him on the Board’s behalf. I can tell you that, again, I want to reiterate, I do think that these aerobic systems are going to become more prevalent, this will be the direction I think a lot of lake communities will go. The Watershed Conference, I can tell you they are trying to, they’re doing a regulatory review of all the municipalities along the lake and they’re trying to see where the common ground is and try to steer municipalities along the lake to be more uniform and consistent because obviously I mean, if a Queensbury resident has to put in a lot of effort and a lot of resources into doing an A+ job and another community, you know C+ is getting approved, obviously the A+ guy shares the same water as the C+ guy does. So, and the last thing about the, you know where the County stands and also the Watershed Conference, I do think that one of the things that were likely to consider at the County and the County will certainly involve the Town and I don’t know if it’s imminent but I would guess sometime next year or so, a septic management district where there’s some sort of regulated inspection program that we know that every septic system is getting inspected and pumped every X years at the homeowner’s expense you know, sort of situation but something that regulates to make sure that you know you don’t have nine homeowners that are doing everything right and one homeowner that’s ignoring the system and polluting all of the neighbors water. So, I think that that’s probably the direction because I was frustrated too and I heard an explanation and I’m not sure everyone on the Town Board would have agreed with the analysis that was done but there was some consideration but perhaps not enough given to, you know the feasibility of a localized collection management district. So, if you’re willing to do that and again I do, with all of Regular Town Board Meeting, 11-01-2004, Mtg #51 532 that said, I don’t like stringing along applicants like this but I think in this case, you know certainly you’ve indicated you’re willing to consider this. COUNSEL O’CONNOR-Well, we have a chance to improve our application and I think you’ve been fair, most of you have indicated that you’d be more comfortable if we can get into this system. I’m presuming that I could argue that the effluent from that is probably equal to a hundred foot typical system because it comes into the absorption area cleaner and I think that’s maybe where Chris is trying to drive us to. SUPERVISOR STEC-Well, not to put him on the spot but he is nodding his head and I don’t know if it’s just a nervous thing or if he’s, I think COUNSEL O’CONNOR-I don’t want him to tell me it’s drinkable though. I want to know if it’s drinkable. SUPERVISOR STEC-I think that the Waterkeeper is indicating that that might be a real possibility. COUNSEL O’CONNOR-Okay. My question I guess would be, in part, the exploration business is what is going to be sufficient for your comfort level as to maintenance. Certainly somebody whose going to make the investment in the system, I don’t think is going to intentionally let it go astray but it’s not something, if I understand what was said about the system here, something that operates on the basis of water level where you can easily put alarms in and whatnot. COUNCILMAN BOOR-Well, it’s filters, there’s filters that need to be changed and SUPERVISOR STEC-Well, I would think two things. One as Mr. Navitsky noted, this is going to have a maintenance contract between the owner and the installing company that there’s a maintenance agreement. I would think that the Town would want a copy of that on file and then the other avenue would be, I would think that you would need to have a discussion with Dave Hatin or Dave Hatin and the Community Development Department would have to consider how are they going to want to track that that agreement is getting followed and I don’t have a solution tonight but that’s something that I think that you would have to work out. COUNSEL O’CONNOR-Okay, what I’m thinking is that I’d like to have that done if we can before we come back so that we don’t end up with an issue on that that we don’t have the necessary control over. SUPERVISOR STEC-Right. I mean you wouldn’t have a problem with filing a maintenance contract with us? COUNCILMAN BREWER-I think COUNCILMAN BOOR-Right, that would be my question, that would really be, you’re right, that’s our issue and our problem. So you, as long as you wouldn’t have a problem maintaining according to manufacturers specifications and you would, right, is that correct? COUNSEL O’CONNOR-Yes, we would not have a problem with that. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-You need to investigate what that requirement is before you sign off on that but assuming that it’s reasonable. COUNSEL O’CONNOR-Yea, well assuming the system is SUPERVISOR STEC-Right that it’s something you’d pursue. COUNSEL O’CONNOR-Assuming also the system works and is advisable to use. I’ve heard other Boards have disputes with Mr. Navitsky, they don’t necessarily agree with everything that he suggests to them and he would recognize that from time to time. SUPERVISOR STEC-I sometimes have that same problem myself. Regular Town Board Meeting, 11-01-2004, Mtg #51 533 COUNSEL O’CONNOR-In other municipalities where I have appeared with COUNCILMAN BOOR-It happens. COUNSEL O’CONNOR-Okay, so he’s made a good suggestion that we’re willing to fully explore and see if it’s workable. And you’re going to table? SUPERVISOR STEC-I would propose to the Board and to the applicant, if you’re comfortable with it, we will leave the public hearing open and continue it until a later date that you had a chance to work this out with your engineer, that your engineer passes it to C.T. Male and that we have, we both have receipt of something from C.T. Male that indicates that they reviewed not only the submission and the site. COUNCILMAN BOOR-And I would like them to at least go to the property and have an understanding. SUPERVISOR STEC-I’m going to make that call tomorrow and you know, ask that and once we st have that then, so, hopefully a December meeting. It’s November 1, I would think, I would hope the December meeting should be adequate time. Hopefully that timeline will work for you Mr. Seaboyer. COUNSEL O’CONNOR-The other comment is general in nature, I think, I understand Mr. Boor’s idea of having C.T. Male go to the property but unless you’re going to develop a system where C.T. Male oversees the actual perk test and groundwater test, they’re driving by the property or looking at the property, it’s going to leave you pretty much where you are tonight. COUNCILMAN BOOR-Probably but as Tim pointed out, maybe it was vague, I don’t think it was but certainly I do not want to pay an engineer just to do, just to correct. I want, when we hire an engineer to review a project, I anticipate him to be on the site, to look at test pits and if we even have to dig test pits, dig test pits. We’re not going to require engineering on every project or review on every project but I think we don’t, we are served very poorly by our engineer if they do not see the site in question and I don’t see and we’re going to be passing a resolution tonight, just for your benefit where the cost will be born on you, the applicant from now. So, I would want to think that you knew what the engineer was doing and that he was looking at the project also because I believe that if the resolution passes, those costs will now be borne by the applicant. COUNCILMAN BREWER-Not this particular application though Roger. COUNCILMAN BOOR-Not this, I’m talking in the future. COUNCILMAN BREWER-Well I think we have, us five, have to determine what we want. I think in some instances an engineer ought to go to the property but I don’t want to pay an engineer to have SUPERVISOR STEC-Well we wouldn’t. His point is, we wouldn’t. COUNCILMAN BOOR-We’re not, we’re not. COUNCILMAN BREWER-Test pits redone. Pardon me? SUPERVISOR STEC-Yea, he’s saying we wouldn’t be, the applicant would and I think you’re saying COUNCILMAN BREWER-I understand that. SUPERVISOR STEC-If you were the applicant, you wouldn’t want to. COUNCILMAN BREWER-Exactly. SUPERVISOR STEC-I know, you’re both correct. Regular Town Board Meeting, 11-01-2004, Mtg #51 534 COUNCILMAN BREWER-What I’m saying is if an engineer designs this COUNSEL O’CONNOR-I’m going to leave the table before I get involved in this thing, okay. SUPERVISOR STEC-Okay. COUNCILMAN BREWER-I think you better. COUNSEL O’CONNOR-It sounds like you’re talking about a Town Board issue. SUPERVISOR STEC-We’ll table this. COUNSEL O’CONNOR-But as a taxpayer, I will object to you giving engineers a blank check. COUNCILMAN BREWER-Yea, exactly. SUPERVISOR STEC-But what Mr. Boor, you’re correct COUNCILMAN BOOR-We’re not going to. SUPERVISOR STEC-Right, the applicant would be paying for this. COUNCILMAN BREWER-Right and I don’t want engineers to SUPERVISOR STEC-And actually tonight we’re just setting a public hearing but I understood your point. We’ll leave that public hearing open. PUBLIC HEARING LEFT OPEN PUBLIC HEARING Sewage Disposal Variance Application Of Ronald and Jo Ann Taylor Notice Shown 7:56 P.M. SUPERVISOR STEC-Okay, is Mr. or Mrs. Taylor or their applicant here, or their agent? COUNSEL JON LAPPER-They are here as well. For the record, Jon Lapper. What we have here is a similar but different application. The Taylor’s have an existing system which is noncompliant in terms of design because it certainly doesn’t meet the minimum separation distance to seasonal high groundwater and what is proposed is compliant in every regard with the exception of approximately ten feet from the hundred foot separation from the lake. We’ve got eighty-nine point ten inches proposed. SUPERVISOR STEC-Feet. COUNSEL LAPPER-I’m sorry, feet but the raised mound in this case compared to other applications that you’ve seen is only two feet so it’s not something that would affect the neighbor’s visually and it’s a significant upgrade from what they have now which is no more then one foot from seasonal high groundwater. It is an Eljen system. SUPERVISOR STEC-Okay. Mr. Hatin, do you have anything you’d like to add? I will declare this public hearing open by the way and I will ask Mr. Hatin for his input, please. MR. HATIN, Director of Building & Codes-Just so that the Board is aware, this is a replacement system for new construction that’s proposed on the site, that’s the reason for them being here. The Zoning Ordinance requires that they upgrade septic system when they build a new dwelling on this property which is proposed for this property. So, I just want the Board to be aware that’s what’s driving this application. SUPERVISOR STEC-Okay and has this been to the Zoning Board yet or are we before the Zoning Board? Regular Town Board Meeting, 11-01-2004, Mtg #51 535 COUNSEL LAPPER-You first. SUPERVISOR STEC-Us first. COUNSEL LAPPER-We’ve submitted to the Zoning Board. SUPERVISOR STEC-You’ve submitted to the Zoning and I know we had this discussion last time but I know that there’s still and it doesn’t happen that often where but it happens every now and then whether or not we’d like to see this first or the Zoning Board wants to see it first. I know that we’ve TOWN COUNSEL HAFNER-I think historically the Zoning Board has gotten it after the Town Board. SUPERVISOR STEC-Right, and I think that’s how we got to here tonight but and we had previously discussed this at a meeting I think two weeks, when ever we set the public hearing for this. So, you have not gone to the Zoning Board yet? COUNSEL LAPPER-No, we’ve applied to the Zoning Board, we’re here first. This is really the more critical issue. SUPERVISOR STEC-Just aside, and maybe for Counsel cause I know that there’s concerns by both Boards I’m sure but if somehow in the next week or so, sometime before this becomes an issue again, if we can somehow communicate with Marilyn Ryba’s Office and Zoning Board Chairman Stone to make sure that we’re on the same page, who should get this first and going forward. I mean, I think this application, we set the public hearing tonight, we may or may not act on it but I think we need, it doesn’t come up that often but when it does, we always will have this same conversation, should we hear it first or should the Zoning Board hear it first and maybe it’s something that we could just have a quick sidebar with Planning Staff and the Zoning Board. TOWN COUNSEL HAFNER-Sure, I’ll talk with Marilyn and Lew Stone and report back to you. COUNCILMAN STROUGH-And while we’re on that topic and I know we’ve talked about it before but refresh my memory will you Bob, can we condition these septic systems to limitations such as the septic system will apply to only a three bedroom house? Or do we send the message that, to the Zoning Board that would they condition the application that this would TOWN COUNSEL HAFNER-I mean the septic system that’s proposed as far as certain number of bedrooms, that’s how COUNSEL LAPPER-Yea, in this case TOWN COUNSEL HAFNER-That’s all that would be authorized. If they did more they would have to come back and do a new permit. COUNSEL LAPPER-Yea, they’re going from four bedrooms to two bedrooms in this case. COUNCILMAN STROUGH-Yea, but I’m saying the size COUNCILMAN BOOR-But the size is for a three bedroom. COUNCILMAN STROUGH-The size of the septic system, in theory could accommodate four bedrooms. It’s larger then it needs to be. I want to make sure that a four bedroom just does not ever happen, it’s going to be a three bedroom period or less. TOWN COUNSEL HAFNER-We are granting a COUNCILMAN BOOR-Do you understand that? TOWN COUNSEL HAFNER-I do. Regular Town Board Meeting, 11-01-2004, Mtg #51 536 COUNCILMAN BREWER-We’re granting a variance on the system he’s putting in, we can’t COUNCILMAN STROUGH-Right. COUNCILMAN BOOR-No but COUNCILMAN BREWER-Predicate that on how many bedrooms he has in the house. SUPERVISOR STEC-Well that’s the question. COUNCILMAN BOOR-That’s how it’s sized. COUNCILMAN STROUGH-That’s the question. SUPERVISOR STEC-That’s the question. COUNCILMAN BOOR-That’s how it’s, that’s how it’s done. TOWN COUNSEL HAFNER-That’s how it’s sized and SUPERVISOR STEC-But if it’s oversized, let’s say you oversize it and it’s large enough. COUNCILMAN BREWER-No, I understand that but not to say that in the future he’s never going to put another bedroom on. COUNCILMAN BOOR-That’s what we’re saying. COUNCILMAN STROUGH-I don’t think this is, it’s not COUNCILMAN BOOR-That’s the point. COUNCILMAN STROUGH-It’s not suitable for another bedroom. TOWN COUNSEL HAFNER-If that’s an issue, I can check into it. SUPERVISOR STEC-Yea, I think that’s a question worth, if you could get us a memo on that, Bob. TOWN COUNSEL HAFNER-I mean it’s usually the application is COUNCILMAN BREWER-We’re granting the variance as to what it is, right? Not what it could be. TOWN COUNSEL HAFNER-The application is for a certain size. COUNCILMAN BREWER-Right. TOWN COUNSEL HAFNER-And it goes to the standards that the state sets. COUNCILMAN BOOR-It’s going to be demolished and rebuilt, Tim. COUNCILMAN BREWER-Right and if we TOWN COUNSEL HAFNER-And if they come in with something that’s bigger then that can handle, they’ll have to come back in. COUNCILMAN BREWER-Right. TOWN COUNSEL HAFNER-But what it can handle is set by state standards not over-sizing it’s standards. SUPERVISOR STEC-So, I think the question is if we have, if there’s currently a three bedroom house and somebody comes in for a variance and we grant them a variance for a system that will Regular Town Board Meeting, 11-01-2004, Mtg #51 537 accommodate four, and then sometime in the future they want to add a bedroom there’s nothing that would stop them at that point if we, if they’ve sized it, if they were granted a variance from us for a system that’s sized for four TOWN COUNSEL HAFNER-Correct, that’s what I believe but I’ll check into seeing if there’s anyway that this SUPERVISOR STEC-I think that’s the question that the COUNCILMAN BOOR-That’s the question. TOWN COUNSEL HAFNER-This Board can SUPERVISOR STEC-Because that would enter into the Board’s train of thought when they granted an oversized system if you’re granting an oversized system. COUNCILMAN BREWER-Then they would have to come back though wouldn’t they? SUPERVISOR STEC-Well they wouldn’t if we give them a big enough one. COUNCILMAN BOOR-There would be no reason to deny an addition if the septic was SUPERVISOR STEC-Right. COUNCILMAN STROUGH-And as I pointed out before, one of the reasons why I like an oversized system is because the normal requirements for a system, take in a normal household, not the kind of household that this house gets treated as during the summer. COUNSEL LAPPER-During the peak summer season. COUNCILMAN STROUGH-As you know, yea, every weekend this place is loaded with people. COUNSEL LAPPER-It’s good to have redundancy. COUNCILMAN STROUGH-All the relatives and the kids and the people renting the boats and their kids. COUNSEL LAPPER-This one doesn’t have COUNCILMAN STROUGH-These places are loaded. COUNSEL LAPPER-This doesn’t have boat rentals like the last one but COUNCILMAN STROUGH-No but it could. COUNSEL LAPPER-Yea but it’s a camp. COUNCILMAN STROUGH-And we have to look at it, is that potential. COUNSEL LAPPER-This is clearly a four bedroom house now going to a two bedroom house and that’s what the application is for. COUNCILMAN STROUGH-Two or three? COUNSEL LAPPER-Two. Two. TOWN COUNSEL HAFNER-And what’s the size of the septic? COUNCILMAN BREWER-The plan says three. COUNCILMAN BOOR-Three, the size is for three. Regular Town Board Meeting, 11-01-2004, Mtg #51 538 TOWN COUNSEL HAFNER-Three? COUNCILMAN BREWER-That says three on the map. COUNSEL LAPPER-It’s two. TOWN COUNSEL HAFNER-Yea, I understand your issue and I COUNCILMAN BOOR-Okay. COUNCILMAN STROUGH-Alright so it’s going to be a two bedroom which is even better. COUNSEL LAPPER-Yup. COUNCILMAN STROUGH-I’m more comfortable with that. COUNSEL LAPPER-Yea, the system is for three, the house is two. COUNCILMAN STROUGH-And again, I see you’ve got sixty feet, linear feet of Eljen bed systems and that’s based on an eight to ten minute perk rate which is a more of a worse case scenario. COUNSEL LAPPER-Right, for design purposes. COUNCILMAN STROUGH-The native soil tested out one and a half to three or something I think and so they’re putting this system designed on a worse case scenario. COUNSEL LAPPER-Right. COUNCILMAN STROUGH-So, that makes me feel more comfortable. And it’s all going to be raised with curbing. COUNSEL LAPPER-That’s right. COUNCILMAN STROUGH-So that all that curbing around it is going to prevent anybody from parking over this area. COUNSEL LAPPER-Correct. COUNCILMAN STROUGH-Because that’s another thing that you see in the Rockhurst and Cleverdale area, everyone’s looking for every square inch to park on the weekend. COUNSEL LAPPER-Yea that causes compaction and that’s a bad result. COUNCILMAN STROUGH-And you count your blessings if you do find a parking spot. So, the curbing should deter anybody from parking into this area. COUNSEL LAPPER-Yea, it’s a two foot increase. COUNCILMAN STROUGH-So, I like that aspect as well, you know and I saw that with the Seaboyer also had to keep curbing but it was really close to the road. TOWN COUNSEL HAFNER-Can I ask a question while you’re talking about the curbing? COUNCILMAN STROUGH-Yea. TOWN COUNSEL HAFNER-The application we just had we got a letter from the Highway Superintendent. COUNCILMAN BOOR-That’s cause they’re two feet from the road, that was a road curb. This is just a Regular Town Board Meeting, 11-01-2004, Mtg #51 539 COUNCILMAN STROUGH-Yea, that was right, abutted right up to the road. TOWN COUNSEL HAFNER-Okay, so we don’t need to, we’re not concerned about the same. COUNCILMAN BOOR-No, this isn’t a highway curb, this is a TOWN COUNSEL HAFNER-Okay. Okay, when I think of curbing I’m thinking next to highway. COUNCILMAN STROUGH-No, this is four feet from the edge of the road. COUNCILMAN BOOR-No, this is a curb for the elevated system. COUNCILMAN STROUGH-Four feet three quarter inch. TOWN COUNSEL HAFNER-Okay. COUNCILMAN STROUGH-Alright now, I see the test pit, do you want me to go into questions or did you want to open this up to the public? SUPERVISOR STEC-Go ahead, you’re on a roll. COUNCILMAN STROUGH-The test pit data which I just, you know covered some of the perk rate but I don’t see the date when the test pit was done, it maybe on there, I didn’t see it. I had to get out my magnifying glasses to see it. COUNSEL LAPPER-It was a licensed engineer certainly that did the, Ron Taylor is telling me that it was March or April. SUPERVISOR STEC-This year? COUNSEL LAPPER-Yes, yes. COUNCILMAN STROUGH-Alright, did they put, you know add to their plans? COUNSEL LAPPER-Certainly. COUNCILMAN STROUGH-You know I read them over and I just didn’t see it but. And again, we’ve got a situation here that you know the bed’s three feet above the water table which is by code okay and especially if you read that water table in, because if you look at diagram B2 it shows you that, which you know is allowed but it is minimum. And you also have the notation that no vehicle or traffic will pass over any portion of this disposal field which is good. SUPERVISOR STEC-Any other questions? COUNCILMAN STROUGH-No. SUPERVISOR STEC-Mr. Hatin, anything more you’d like to add? MR. HATIN, Director of Building & Codes-Just for the record, Caroline has three letters to read into the record tonight pertaining to this application for the Board’s concern. SUPERVISOR STEC-Okay, do you have anything at this time? MR. HATIN, Director of Building & Codes-No, they have provided the information that is required for submission. I’m sure there will be questions coming up later that the Board will want answered. The only thing I would ask the Board is if you do want this passed on to the engineer, that you let me know whether, I think you want him to go to the site, do you want him to perform any tests or not, I need to know that for his marching orders. Regular Town Board Meeting, 11-01-2004, Mtg #51 540 DEPUTY TOWN CLERK BARBER read the following into the record: Queensbury Activity Center 742 Bay Road Queensbury, NY 12804 Attention Town Clerk: I hereby request a 30 day postponement of the Town of Queensbury Local Board of Health st in conducting a public hearing previously scheduled for November 1 , 2004 to consider the application of Ronald & Jo Ann Taylor for a sewage disposal variance. This postponement will give me a brief period to review & investigate the implications and impact of this variance on my adjoining property on Waters Edge Road. For addition I had planned to vote in the Presidential Election less than a day later some 180 miles distant from Queensbury. Sincerely, J. George Russo, M.D. Waters Edge Road Cleverdale, NY (Letter on file in Town Clerk’s Office) October 30, 2004 Queensbury Activities Center 742 Bay Road Queensbury, NY 12804 Attention Town Clerk: In addition to my fax dated October 28, 2004, I now request a 30 day postponement of granting variance to Ronald Taylor in his sewage disposal matter. This would allow time to seek necessary counsel in adjudicating the following: 1. Legally establishing the actual Lake George shoreline of the Taylor property. I understand the matter is still in question with various state agencies. The “setback” from the shoreline is the matter in question. 2. The “setback” of the permanent elevated structure for variance from it’s very close proximity to both the westerly and southerly Russo property line and the same proximity to the easterly P. Moynihan property line. 3. The independent establishment of the actual ground water level in the Taylor proposal. 4. Ecological questions regarding the frequent flooding of this same area. Having spoken to Mr. Dave Hatin, I will deliver to him on or about November 3, 2004 color photographs supporting the above concerns. 5. Additional aesthetic concerns. 6. Consideration of alternative sewage structures. Sincerely, J. George Russ, M.D. (Letter on file in Town Clerk’s Office) Telephone call on 11-1-2004 By: Mr. J. Philip Moynihan Regular Town Board Meeting, 11-01-2004, Mtg #51 541 Taken by Town Clerk Dougher Re: Application of Ronald and Jo Ann Taylor, Tax Map 227.17-1-28 I am vehemently opposed to an installation of an Eljen System. In the application literature he wants to go 89 feet 10 inches from the lake when he Measures from a sea wall that was put into the lake against the law. A Judge has ruled that it is against the law and has been fined for putting the wall into the lake and he has to remove it. For the Town to consider this application I think they are entering into an area of legal liability. I am against the whole application based on erroneous information. COUNCILMAN STROUGH-Can we get copies of those letters, Dan? SUPERVISOR STEC-You should have this one. MR. HATIN, Director of Building & Codes-I gave you copies. COUNCILMAN STROUGH-I’ve got this one. MR. HATIN, Director of Building & Codes-Yea, you should have copies. SUPERVISOR STEC-I don’t have the other two. COUNCILMAN STROUGH-But I don’t have the Moynihan one. SUPERVISOR STEC-Caroline, if you could just get them in everybody’s boxes tomorrow, please. DEPUTY TOWN CLERK BARBER-Yes. COUNSEL LAPPER-If I could just briefly respond to that. Not surprising that someone on the lake that has neighbors that don’t like them, we see that all the time but there’s no noncompliance issue whatsoever on the shoreline and we have a certified map that shows what the distance is to the seawall. So, there’s no dispute as to it being eighty-nine feet ten inches. COUNCILMAN STROUGH-Is the seawall legal? COUNSEL LAPPER-Yes, and we’ve been working with Craig Brown, there were some minor issues that had to be cleared up with their deck on the property and that was taken care of a year ago, they’re completely in compliance. COUNCILMAN BOOR-And there’s no pending litigation? COUNSEL LAPPER-No, everything’s past history. SUPERVISOR STEC-Question for Dave. Is this, in your opinion, an improvement, a significant improvement to what, or to what degree of an improvement if any do you think what the proposed system is? MR. HATIN, Director of Building & Codes-Well obviously based on the information Jon provided to you tonight about the existing system, this would be an improvement. I don’t think it takes a rocket scientist to figure that out. The question becomes, you’re building a new structure on the property, small piece of property. The system is oversized for the number of bedrooms. SUPERVISOR STEC-Why is it oversized? COUNSEL LAPPER-Just because it’s smart design to make sure that you don’t have a problem with the system. What they’re Regular Town Board Meeting, 11-01-2004, Mtg #51 542 SUPERVISOR STEC-If the system were smaller, would you need as much relief? I mean, I’m not saying it’s a lot of relief, I’m just saying if it was a smaller system, would you need a variance at all? COUNSEL LAPPER-Yes because of the, in order to comply with the setback from the road and the setback from the side property lines. SUPERVISOR STEC-And the setback from the road is what, the setback requirement? COUNSEL LAPPER-Ten feet. SUPERVISOR STEC-Cause I would COUNCILMAN BOOR-Yea, I’d be more inclined to give you relief on the road. SUPERVISOR STEC-Right and that’s we’ve done before, we’ve been given, I mean, who cares if there’s no drinking source or swimming source of water in the road, the road is just an arbitrary human structure. I would rather put the system farther from the lake and infringe on a road setback then on the lake setback. And again, you know not that, I mean not that ninety feet COUNSEL LAPPER-Well, ninety feet is generally not considered a problem. SUPERVISOR STEC-We’ve approved a lot less then ninety feet. So, I’m not saying that the eighty-nine ten is out of, you know is completely out of but if we can make it ninety-five feet by pushing it closer to the road, you know, I think that’s, in my opinion that’s a superior design and if it’s oversized and if it was made a little slower you could push it even farther from the lake and that would, I’d rather grant two feet of relief then ten but that’s just me. But that’s historically what this Town Board and previous Town Boards have done. So, I don’t know if it is oversized and if you sized it more appropriately or more in consistent with the proposed house, I think that goes to the Town Board’s concerns that we heard a few minutes ago that that large system encourages future expansions on the structure and certainly heavier use. COUNSEL LAPPER-We’re talking about a thirteen hundred and fifty square foot house so this is, this is COUNCILMAN BOOR-But that’s now. I guess the concern of the Board is if we size this for a third bedroom, I’m not sure that we could disallow a third bedroom to be built at a later date because you would already have a system that would accommodate a third bedroom. COUNSEL LAPPER-There’s only so much that can fit on this lot but I guess COUNCILMAN BOOR-But I mean, is that correct or no? COUNSEL LAPPER-You could certainly, any condition could always be changed if somebody came back and asked for a modification. So one way or another, I don’t think that that’s a problem, they’re only asking for two bedrooms, I don’t anticipate that they’ll ever ask for any more because of the size of the lot. But, I mean if you wanted to condition that it’s going to be two bedrooms, that’s not a problem. COUNCILMAN BOOR-I would be more comfortable with the over-sizing because when I see this it, being in the construction industry that tells me at a later date another bedroom is going in. COUNSEL LAPPER-And I would say, you have kids and grandkids visiting and it’s just smart not to have, build a system that could fail, it’s better to have it oversized just in terms of design capacity. SUPERVISOR STEC-It’s not clear to me the distance to the road right now. I see the number that you read Jon, four foot three quarters inch, is that the road or I mean because COUNCILMAN BOOR-It looks like you’re ten feet. COUNSEL LAPPER-That’s the property line. Regular Town Board Meeting, 11-01-2004, Mtg #51 543 COUNCILMAN BOOR-To the curb. COUNSEL LAPPER-Yea. COUNCILMAN BOOR-But to the actual leach field, you look like you’re twenty feet or so, aren’t you? COUNSEL LAPPER-But you have to measure from COUNCILMAN STROUGH-Well it’s another twelve feet three quarter inch so add the four feet, so it’s sixteen feet and four inches. SUPERVISOR STEC-I see it, yup. No that twelve three and quarter is the total distance from road to the edge of the bed, John. COUNCILMAN STROUGH-Oh, to the edge of the property. SUPERVISOR STEC-Yea, it’s seven foot nine from the curb. I mean I, could you push the system closer to the curb? I mean, you’ve got seven feet nine inches to play with and you know, I mean if you moved it seven feet farther, now we’re talking a three foot variance, I don’t think a whole lot of people would have a great deal of difficulty with the three foot variance. COUNCILMAN BOOR-Or does it have to do with the slope? SUPERVISOR STEC-Right. I mean is there a reason? COUNCILMAN BOOR-Being more radical as you get closer to the curb. MR. HATIN, Director of Building & Codes-Well, this is a unique type system, you don’t see these built to much, you’re actually taking a retaining wall and building the lot up and then putting the system in. Typically we go to the toe of the mound, there is really no toe here to start at ten foot. So this is a little unique, the engineer may have a different view of this and that’s, if it was referred to him I’m sure I’ll ask him that question. COUNCILMAN BOOR-The other question I asked I think when your other attorney was here last time is, what system is here now? It was unclear if there’s a septic system, a seepage pit or a holding tank. COUNSEL LAPPER-Yup and we’ve investigated that and there is a septic system but it’s a septic system that’s very close to ground water. COUNCILMAN BOOR-But it’s not a holding tank? COUNSEL LAPPER-No. SUPERVISOR STEC-And I see it looks like the height of the bed here above grade is about two and a half feet, two feet six inches. COUNSEL LAPPER-About two feet. It crowns a little bit at the top but yea, it’s COUNCILMAN STROUGH-The crown is two feet six inches. COUNSEL LAPPER-It’s mostly two feet. SUPERVISOR STEC-I mean is that something that you would be willing to explore, is moving it, you know even another, even half that release sought away from the lake? COUNSEL LAPPER-Sure, yea. SUPERVISOR STEC-I would rather grant two variances, one of which is from the road and have a much, you know even another five or six feet from the lake, you know it’s better. Regular Town Board Meeting, 11-01-2004, Mtg #51 544 MR. HATIN, Director of Building & Codes-Just to clarify, where it says Waters Edge Road, that’s not really a road, that’s a grass area. There’s a driveway that comes in which will be at the bottom of this where you see the gravel, or grass drive, there’s actually a driveway that comes into that grass drive and the backside of the property is actually a grass field. SUPERVISOR STEC-If you could locate the system so that you don’t need any relief from the lake and only relief from the property line from the road COUNSEL LAPPER-I don’t think we can get it down to zero but we can SUPERVISOR STEC-Well the closer the better in my opinion. COUNCILMAN BOOR-And the other thing is, Dave just for clarity, it is a grass drive, right? MR. HATIN, Director of Building & Codes-I think it’s gravel, if I remember right, I haven’t been up there in a while but it’s gravel, yea. COUNCILMAN BOOR-Cause it says grass on ours. COUNCILMAN BREWER-Yea. MR. HATIN, Director of Building & Codes-I think it’s gravel, gravel and grass. COUNSEL LAPPER-It’s a mix. COUNCILMAN BOOR-And the other, I’ll ask this out of ignorance, as far as code, could somebody pave up there without a permit? MR. HATIN, Director of Building & Codes-Pave his driveway? COUNCILMAN BOOR-Yea. COUNSEL LAPPER-Well, that’s a permeability issue. COUNCILMAN BOOR-That’s exactly what I’m getting at. In other words, I’m looking at the size of the property and I’m looking at the size of the field you’re putting it in and then I’m thinking, I hate to think at a later date somebody would come in and put a huge asphalt drive in cause then you’ve got drainage issues, stormwater and COUNSEL LAPPER-Well, my good answer there is that after we get through this Board and the Zoning Board, because it’s on the lake, it requires Site Plan Approval so we would be dealing with all of those issues at Planning Board ultimately. COUNCILMAN BOOR-But that, but my question goes back to Dave, I want to clearly understand, people can not pave without a permit? MR.HATIN, Director of Building & Codes-No, no that is not the understanding. No, they could pave here if they got through the approvals and met the permeability requirements and this area was shown that it could be paved and still meet the permeability requirements. COUNCILMAN BOOR-Okay but, okay so MR. HATIN, Director of Building & Codes-People don’t come to us for driveways, when they pave their driveways. COUNCILMAN BOOR-I know but I mean, let’s say they get all these things and they don’t ask for a paved driveway, they get all their approvals, the project is done and then a year later can they pave that, legally? MR. HATIN, Director of Building & Codes-If it, when it was reviewed by Site Plan Review through the Planning Board and that was found to be a non permeable area, yes they could. If there Regular Town Board Meeting, 11-01-2004, Mtg #51 545 was a condition or a representation made to the Planning Board that this was going to be permeable, then no they couldn’t. COUNCILMAN BOOR-Right, cause, if we approve this, I would like to make sure that we maintain the proper percentages of permeability on this. COUNCILMAN BREWER-Well, won’t they have to maintain that at Planning Board, that they’ll have to prove that on their map anyways, right? COUNSEL LAPPER-Yes, and we’re not seeking any permeability variances. SUPERVISOR STEC-Okay. Alright, the public hearing is open, if there’s any members of the public that would like to address the Town Board on, the Board of Health on this application? Yes, sir. MR. ED ZIBRO-I’m Ed Zibro and this is Dr. Kirkpatrick, we’re adjoining property owners and I’ve got three issues here. A year ago, you people granted the Ends a variance to put in a Eljen mount system. I was never contacted, the road that they drive in is on my property, they were given a five foot, a relief to come back to the road. It is four and a half feet from the road at this point completed, I had a survey done. They didn’t address what to do with the normal runoff of the water that came down on the eastside of that road. Now, all that water comes onto my property because the water drainage was not addressed. I think the same thing is going to happen in this piece of property because mine abuts it. COUNCILMAN BREWER-What is your name sir? MR. ZIBRO-Ed Zibro. COUNCILMAN BOOR-Yea and what was the property that we granted the variance? MR. ZIBRO-Ends, Bob and Patricia Ends. COUNCILMAN BOOR-How do you spell it? MR. ZIBRO-E n d s. COUNCILMAN STROUGH-Are you to the east in abutting this property? MR. ZIBRO-I am to the southwest. There’s a map here, do you want to see it? SUPERVISOR STEC-Sure. MR. ZIBRO-This is my property right here, this is the property in question right here and this is where you granted the easements to the Ends. COUNCILMAN BREWER-This is your property? MR. ZIBRO-Yes. COUNCILMAN STROUGH-What is the right-of-way you’re talking about? MR. ZIBRO-This right-of-way here, this road is on my property. COUNCILMAN STROUGH-That’s five feet? MR. ZIBRO-My property and they were allowed to build within five foot of this road way? COUNCILMAN STROUGH-Oh, the Ends. MR. ZIBRO-Yea but they’re four and a half feet, we had it surveyed. They had all the room in the world to place this out here without even effecting a variance and now all this water that comes down here, comes down the road over my property and floods my property. Regular Town Board Meeting, 11-01-2004, Mtg #51 546 COUNCILMAN BREWER-On Seeley Road. MR. ZIBRO-This is Seelye, this is Seelye Road North right here. So, all this water that used to run off over through here to the lake because it was a natural French drain put in here by Walter Mooney. There’s a drain across here, in fact his drain was even … with concrete to stop the water from coming on his property… COUNCILMAN STROUGH-Yea, wasn’t there a development up here? MR. ZIBRO-I don’t know. COUNCILMAN STROUGH-Before the Planning Board a year ago and some of these issues were brought up. MR. ZIBRO-I don’t know. COUNCILMAN STROUGH-Isn’t there a drainage that goes down through here? MR. ZIBRO-I don’t know, I know there was a normal French drain that came across here to the north. COUNCILMAN STROUGH-Alright so what’s that got to do with Taylor’s? MR. ZIBRO-Well, my concern is here when they do this with Taylor’s, all the that water runs off… Taylor’s property, Russo’s property and come back on my, where’s the water going to go from this property? COUNCILMAN BREWER-That’s a Planning Board issue that it will be addressed at that particular point. MR. ZIBRO-But you did grant the Ends the go ahead to put this system in without addressing the water that now comes on my property from the Ends. COUNCILMAN BREWER-I don’t recall that particular application but. MR. ZIBRO-Yea, that was a year and a half ago and I never received notification of it. COUNCILMAN STROUGH-So, if they put a drainage area on the MR. ZIBRO-Somewhere they’ve got to COUNCILMAN STROUGH-On the eastern curbing between the grass drive and the MR. ZIBRO-Something has to be done with water drainage. SUPERVISOR STEC-Okay, we will ask the applicant those questions. You said you had three things though. MR. ZIBRO-Okay. DR. KIRKPATRICK-I know that I heard tonight there’s concern about building another house, that you have to be twenty feet from the side, from the side of the house so you’ve got twenty foot from the right and twenty foot from the left, you only have a fifty foot width lot. How can you build a house in there? SUPERVISOR STEC-Well that’s why they’re before the Zoning Board. COUNCILMAN BOOR-They’re going to the Zoning Board. DR. KIRKPATRICK-Okay. Regular Town Board Meeting, 11-01-2004, Mtg #51 547 COUNCILMAN STROUGH-Well that’s for the Zoning Board and they may or may not grant that. DR. KIRKPATRICK-Okay. What else? MR. ZIBRO-I think that was it. DR. KIRKPATRICK-So, they’re requesting a variance COUNCILMAN BREWER-For the setback COUNCILMAN BOOR-Separation from the lake. DR. KIRKPATRICK-For a setback from the road and also from the sides? COUNCILMAN BOOR-No, no, just from the lake. SUPERVISOR STEC-No, right now before us is the application for their septic system from the lake cause that’s our purview as the Board of Health. The rest of any variances they need from sidelines for their construction of the home or permeability that’s the Zoning Board of Appeals. And what we’re suggesting is that if they put the system farther, that we as a Board of Health would prefer to give less relief from the lake for their septic system and relief from the road because again, people aren’t swimming and drinking the road, they’re swimming and drinking the lake. So, what we’re saying is we would prefer him to move that further to the south towards the road and to minimize the amount of, although all be it the, that ten feet out of a hundred feet based on the history or what we’ve seen, at least myself for the last five years is not a lot of relief but it’s our job to try and minimize the amount of relief that’s granted and if, it’s very easy to say put it farther from the lake and closer to the road unless there’s a ledge there or some other reason why it can’t be done, that’s where we’ve encouraged the applicant to consider doing. But the other, you know the side setback for the structure or whatever, those are Zoning Board issues. DR. KIRKPATRICK-The drainage is a big problem. And the other question I had for you is, if your property is a hundred foot deep and to stay ten foot off the property line, and you have to be a hundred foot back from the lake for this system to begin with SUPERVISOR STEC-That’s why we have a lot of DR. KIRKPATRICK-what is the width of this system that’s going to fit in that? SUPERVISOR STEC-That’s why, on Lake George, this is a very common, we have a lot of undersized lots that are DR. KIRKPATRICK-Yea, so it has to be closer then eighty-nine feet to the lake. COUNCILMAN STROUGH-Well it says the length of the lot is a hundred and twenty-eight feet. SUPERVISOR STEC-Right. MR. ZIBRO-Is that right. COUNCILMAN BOOR-Yea. SUPERVISOR STEC-Well it’s actually a parallelogram. COUNCILMAN BOOR-One is one o eight and one twenty-eight. SUPERVISOR STEC-One is one o eight and the other is one twenty-eight. COUNCILMAN STROUGH-The furthest distance. DR. KIRKPATRICK-One o eight and one fifteen. SUPERVISOR STEC-One twenty-eight. Regular Town Board Meeting, 11-01-2004, Mtg #51 548 COUNCILMAN BOOR-One twenty-eight and one o eight, that’s we have on the official. COUNCILMAN BREWER-That’s what we have on our map. DR. KIRKPATRICK-Well, our map it’s a little different, mines says a hundred and fifteen and a hundred. MR. ZIBRO-This is a town map that says a hundred on the right, east side and a hundred and fifteen on the west side. DR. KIRKPATRICK-Now what is the width of the system from the lake southward? How big would the system be? COUNCILMAN STROUGH-You mean, towards DR. KIRKPATRICK-From the beginning of the system to the road? COUNCILMAN BREWER-To the road? COUNCILMAN BOOR-The system or the mound, that’s the other thing, there’s DR. KIRKPATRICK-Well the mound is the system. I mean, say it’s twenty feet, it was twenty feet SUPERVISOR STEC-Yea, I think we just said it was twelve and, twelve feet and change. DR. KIRKPATRICK-Then you’re, is that the eighty-nine feet that you’re talking about from the lake? That was the SUPERVISOR STEC-That’s the other side, from the other side of the system to the lake is eighty- nine feet. DR. KIRKPATRICK-The beginning of the system COUNCILMAN BREWER-To the lake. DR. KIRKPATRICK-has to be eighty-nine feet. SUPERVISOR STEC-The closest point of the system to the lake right now as proposed is eighty- nine ten. And we’re trying to DR. KIRKPATRICK-Right, okay that’s the best that they can SUPERVISOR STEC-Well, we’re trying to ask them to move it farther from the lake closer to the road. COUNCILMAN BREWER-We’re trying to get them to push it back towards the road. SUPERVISOR STEC-Because right now they’ve got twelve feet. COUNCILMAN BOOR-Which may or may not work for you. COUNCILMAN STROUGH-Well there really, there isn’t a road there though. I mean, are we getting conflicting information? SUPERVISOR STEC-Well to the, to his property line that would front the road. MR. ZIBRO-There is an asphalt drive. DR. KIRKPATRICK-Comes across the back. COUNCILMAN BREWER-Waters Edge Road. Regular Town Board Meeting, 11-01-2004, Mtg #51 549 SUPERVISOR STEC-Waters Edge Road. DR. KIRKPATRICK-Waters Edge Road comes down and there’s an asphalt drive that goes over, that’s Russo’s. SUPERVISOR STEC-Right and he’s twelve feet from that road boundary. COUNCILMAN BREWER-That would be this right here, John, right? SUPERVISOR STEC-Right here John, he’s twelve feet here. COUNCILMAN STROUGH-Alright and that road that’s in back of them actually services DR. KIRKPATRICK-That’s George Russo’s property, that’s his own blacktop, yea. COUNCILMAN STROUGH-That’s property to the west. DR. KIRKPATRICK-Well, it’s a right-of-way too, isn’t Ed? MR. ZIBRO-Yea. DR. KIRKPATRICK-They both use it. COUNCILMAN STROUGH-Okay. DR. KIRKPATRICK-The thing is this property, this property that Ed Zibro’s discussing on this map doesn’t have any lake frontage. There’s a water line that goes across my other property down to the lake. What happens if I want to put a well on my property and get rid of that line to the lake? COUNCILMAN BOOR-You’d have to have all your properties looked at. SUPERVISOR STEC-You’d need to be a hundred feet, you’d be looking at a relief too. DR. KIRKPATRICK-It would have to be a hundred feet from any septic system. COUNCILMAN BOOR-Right. SUPERVISOR STEC-That’s why all these postage stamp lots on Lake George become problems for municipalities because DR. KIRKPATRICK-Well, this isn’t a postage stamp, this is a full acre. SUPERVISOR STEC-Sure. DR. KIRKPATRICK-This is a full acre. SUPERVISOR STEC-But you’re surrounded by postage stamps. DR. PATRICK-Yea but what happens, where am I going to put a well? COUNCILMAN BOOR-You’d probably, you may have to come to this Board to get a variance. SUPERVISOR STEC-To get a variance because you’re too close. COUNCILMAN BOOR-And it may not having anything to do with the one we’re, before us now. I can’t, SUPERVISOR STEC-Right, it may be another one on your property. COUNCILMAN BOOR-You know, we don’t know the other adjoining properties to the property you’re referring to. Regular Town Board Meeting, 11-01-2004, Mtg #51 550 COUNCILMAN BREWER-You would have to identify the other septics, right. COUNCILMAN BOOR-Or where your septic is. COUNCILMAN BREWER-Or where his is. SUPERVISOR STEC-Or your own septic. DR. KIRKPATRICK-Right but mines listed on this thing here too, yea. COUNCILMAN STROUGH-Okay, now yours is what property? MR. ZIBRO-Is on the other side, Dr. Kirkpatrick. DR. KIRKPATRICK-Well, my own property that Ed’s talking about, that Ed owns currently. MR. ZIBRO-Right, he’s buying my property. COUNCILMAN STROUGH-Oh, okay, Ed Zibro’s property, Dr. … MR. ZIBRO-Dr. Kirkpatrick, yes. And I know that, what that system that was put in for Ends has created a big problem, I’ve been able to mow the lawn maybe three times all summer where I could mow it once a week. COUNCILMAN STROUGH-Well, Mr. Zibro you’re currently taking water from the lake? MR. ZIBRO-Oh, yea. COUNCILMAN STROUGH-And you have a right-of-way through somebody else’s property? MR. ZIBRO-Comes right across through Dr. Kirkpatrick’s other house. DR. KIRKPATRICK-Yes he has an easement on my property. MR. ZIBRO-Yea. DR. KIRKPATRICK-Now what, what will be the size of the new building? Are they talking about the same size of what’s there? SUPERVISOR STEC-Is it thirteen hundred? Thirteen hundred COUNCILMAN BREWER-Thirteen hundred square feet I think, Mr. Lapper said. DR. KIRKPATRICK-And they’re going to go upwards, is that what they’re going to do? COUNCILMAN BREWER-We really don’t have plans for the home. COUNCILMAN BOOR-We don’t have any, that’s not in front of us. COUNCILMAN STROUGH-That’s the ZBA. DR. KIRKPATRICK-You’re just here for the Board of Health, just that. SUPERVISOR STEC-For the septic, correct. COUNCILMAN BOOR-And that’s why other questions were raised though with regard to the sizing of the septic. SUPERVISOR STEC-And who should see this first, whether us or the Zoning Board because if we grant the relief, I mean there’s the chicken and the egg thing. DR. KIRKPATRICK-Okay. Regular Town Board Meeting, 11-01-2004, Mtg #51 551 MR. ZIBRO-Yea, I’ve been to Mike about the water drainage, I’ve talked to Dave about it, it’s a real serious and I’m going to talk to John about because my daughter is doing a house over, back over further on the road and water drainage has been a serious problem, that’s … DR. KIRKPATRICK-From what you see now, do you see any reason why you would not approve this if it, it’s built the way that you SUPERVISOR STEC-I want to ask the applicant some drainage questions because you’ve asked us to but beyond that, let’s put it this way, it’s less common that we see ten feet sought on a hundred and more common that thirty or forty feet is sought on a hundred and we’ve approved a lot more then ten feet in the past. Every situation is different, this lot is thirteen hundredths of an acre big. MR. ZIBRO-That’s right. SUPERVISOR STEC-It’s really hard for us to tell somebody that’s got a preexisting approved lot, that’s thirteen hundredths of an acre big it’s un-build able. That’s what today, hopefully we wouldn’t create a lot this but this lot is existing and somebody’s been paying taxes on it and they’ve, you know I mean COUNCILMAN BOOR-There is a building on it. SUPERVISOR STEC-There’s a building on it, so DR. KIRKPATRICK-Why would you, why wouldn’t you just require they put a holding tank, a big holding tank in there? SUPERVISOR STEC-Well, in general and Dave has better language then, I mean the State does, Board of Health is discouraging holding tanks. COUNCILMAN BOOR-It’s a last resort. DR. KIRKPATRICK-Yea, I understand that but it’s such a small lot and wants to put in this building. SUPERVISOR STEC-The language in the code does not, does not encourage DR. KIRKPATRICK-Well on the last case you do approve a three thousand gallon tank, why couldn’t you approve it on this? COUNCILMAN BOOR-Totally different. COUNCILMAN BREWER-We suggested it, we didn’t approve it. SUPERVISOR STEC-Yea, I don’t know if we actually approved it. DR. KIRKPATRICK-Oh, I thought you approved it. I thought you said you approved it. COUNCILMAN BOOR-No. COUNCILMAN BREWER-No, we did not. COUNCILMAN BOOR-We said COUNCILMAN BREWER-No we didn’t. COUNCILMAN BOOR-We, look at it, we said that we would allow it. DR. KIRKPATRICK-That sounds like approval. COUNCILMAN STROUGH-And we have approved holding tanks in situations where there just wasn’t any place on the property to put another filtration bed, there just wasn’t. Regular Town Board Meeting, 11-01-2004, Mtg #51 552 DR. KIRKPATRICK-See I have holding tanks on my property. COUNCILMAN BOOR-The one that’s an acre? DR. KIRKPATRICK-No, I’m right next to it. COUNCILMAN BOOR-Oh, okay. DR. KIRKPATRICK-I’m right next to it, I have four thousand gallon and it works fine and it’s very economical compared to the money that will be spent on putting a system in here. SUPERVISOR STEC-Thank you, thank you both. Is there anyone else from the public that would like to address the Board on this application? Yes sir, Mr. Salvador. MR. JOHN SALVADOR-Good evening, thank you. I think we should appreciate that we’re mixing design standards. When we set separation distances of a hundred feet from the lake and three feet from high seasonal groundwater, it was based on a conventional system, not an Eljen system. We don’t know what the affect of an Eljen system discharging to the groundwater is going to have on other separation distances. That’s got to be determined. You’re fitting, you’re taking two different design standards and you’re trying to mesh them together and you really don’t know if it’s going to work. The other thing is the practicality of a two bedroom dwelling on Lake George just doesn’t ring. There’s just no, no practicality to that and we talk about bedrooms, the Public Health Code talks about living quarters. There’s a difference. I certainly don’t think that and by the way, DEC has a design standard for wastewater treatment works in the Lake George Basin and right up front they say, designed for present needs only. You’re not allowed to build more then you need and then at a later date you expand into it, that’s the idea of having these constraints that we don’t get a sprawl up there. I think you should really take a hard look at how you’re mixing a treatment system that I don’t think really fits with other separation distances, they’re two different standards. Thank you. SUPERVISOR STEC-Thank you. Anyone else from the public like to address the Board on this application? Alright, I’d ask that the applicant come back forward and Dave want to you, maybe joint them and if you could I’d like you to address the drainage concern that was expressed, please. COUNSEL LAPPER-Yea, we’re not changing the permeability at all from what’s there now and I believe that the neighbor’s issues with his neighbor on the other side have to do with the fact that the other neighbor is draining onto his property and he’s lower then the Taylor’s property. I’m sorry, the Taylor property is lower then him so it’s not going to be an issue. All of that would be a Site Plan issue for the Planning Board in terms of drainage. What we’ve got here, just to get this back to very simple terms, the location is the location of where the existing leach field is, this is just a better design that does comply and what Mr. Salvador is saying about what the standards should be, doesn’t address what the standards are and the standards for an Eljen system, the three foot separation is what’s required and that’s what’s proposed. I just spoke with Mr. Taylor and we can definitely come back with a design that moves it closer to the rear property line, farther from the lake. It may only be three or four feet different but it certainly going to be less of a variance then the ten feet that we’re asking for now and that’s a SUPERVISOR STEC-What about a smaller system, that could be moved farther away? COUNSEL LAPPER-The standards require that you have to have replacement area anyway, when you build a system that you have to have a replacement area so building it to include that is just a way to add redundancy that’s required, there’s nothing SUPERVISOR STEC-So you’re telling us that is the smallest that that system can be. COUNSEL LAPPER-No it can be a little smaller but if you did it smaller, you’d still have to leave extra area to replace it later so it’s not going to COUNCILMAN BOOR-But I would, just as a personal, I would rather see you leave it aside so that you would have to come back if you wanted to add a bedroom. The way we’re doing this now is you essentially can put a three bedroom on there if we grant you this. Regular Town Board Meeting, 11-01-2004, Mtg #51 553 COUNSEL LAPPER-Well the simple answer may just be to condition it that it, that we won’t add a bedroom. SUPERVISOR STEC-Well, that’s, that was the question that we had. COUNSEL LAPPER-But I mean, again, you know whatever the Board prefers. They’ve got a system now that needs to be upgraded and whatever it takes to make the Board happy is the answer. COUNCILMAN BOOR-Okay, and one more comment. Unfortunately, as Mr. Salvador pointed out, what we call a bedroom and what is a living quarter are two different things and we’re sizing it essentially for more people on a very small lot and that’s my problem. COUNSEL LAPPER-Remember COUNCILMAN BOOR-I mean it’s like somebody sleeping on the hideaway couch, you know and in the summer time that could be the case. COUNSEL LAPPER-Well we’ve got a four bedroom housing existing so COUNCILMAN BOOR-I know you do. COUNSEL LAPPER-And the house is being, the proposed house, I didn’t really get into this but it’s proposed to move farther from the lake from where it is now, the new house, farther from the side property line where the Dr. Russo is. So, I mean, they’re doing what they can based upon what they have here. SUPERVISOR STEC-And that’s great for the Zoning Board. COUNSEL LAPPER-Correct. SUPERVISOR STEC-Any other Board Members, comments or questions at this point. COUNCILMAN STROUGH-Well, I’m just looking for someone to explain to me, if we’re going to make Mr. Seaboyer look into the aerobic system because it’s more efficient, why are we not asking the same thing in the name of consistency in a similar situation? Why are we not asking the same thing of the Taylors? COUNCILMAN BOOR-Can I have a crack at that? COUNCILMAN STROUGH-Yea. COUNCILMAN BOOR-Because I think an easier way would be to downsize it and maybe we wouldn’t need a variance at all and I think that’s where I’m trying to go. Now, if we’re going to try and keep it this big, maybe we do want to do what Seaboyer’s been asked to look at but my issue is, it’s an extremely small lot. Yes, there’s a four bedroom there now but that certainly wouldn’t be allowed in this day and age and you know, I have no problem with a two bedroom there but I just have to believe that this system is so that essentially more then a two bedroom occupancy is going to be enjoyed. SUPERVISOR STEC-Yea, I’d rather see it the minimum size and the maximum distance from the lake. COUNSEL LAPPER-The applicants have no problem with that, we will go back to the drawing board a little bit and come back and see if we can ask for less relief. I don’t think we can eliminate the relief. COUNCILMAN BOOR-Get close though, yea. SUPERVISOR STEC-Is there any other marching orders we want to give the applicant before we table this? Regular Town Board Meeting, 11-01-2004, Mtg #51 554 COUNCILMAN STROUGH-Well would they, are we going to ask them to respond to the concerns of Mr. Moynihan and Mr. Russo? COUNSEL LAPPER-Stormwater, you mean? COUNCILMAN STROUGH-Well the stormwater issue but SUPERVISOR STEC-But what I was going to do is COUNCILMAN STROUGH-At least address that. It doesn’t appear to be a problem for this property but I don’t know, Mr. Russo, I mean maybe there’s nothing to his points, maybe there is. I mean, let’s not just leaving it hanging, let’s clean it up. SUPERVISOR STEC-You’re talking about Dr. Russo’s letter where he’s concerned about where the shoreline is with regard to your seawall. COUNCILMAN STROUGH-And Caroline read a letter from a guy name Moynihan too. COUNCILMAN BREWER-But don’t we, don’t these things have to be looked at when they submit them? I mean, just because this fellow is saying the seawall is illegal and it’s not the proper line, does that make, that doesn’t make it so. COUNSEL LAPPER-Yea, Craig Brown is looking COUNCILMAN STROUGH-No, it doesn’t. COUNCILMAN BREWER-Correct. COUNSEL LAPPER-We met with Craig Brown before we submitted, he’s looked at everything. COUNCILMAN STROUGH-I want to tie the loose ends together. SUPERVISOR STEC-And what I would propose COUNCILMAN BREWER-And he said he talked with Craig Brown about that. COUNCILMAN STROUGH-Yea, okay, well fine. COUNCILMAN BREWER-Maybe we get a letter from Craig, Jon, maybe you can do that. COUNCILMAN STROUGH-I mean, if that’s what you’re going to do Jon you’re, Jon, you’re going to come back with a plan that’s a little bit smaller septic system, a little bit more in compliance? COUNSEL LAPPER-Yes. COUNCILMAN STROUGH-And in the mean time, clean up the rest of what needs to be cleaned up, and maybe it will be okay. COUNCILMAN BOOR-Jon, when are you scheduled to go to the Zoning Board, do you have a date yet? COUNSEL LAPPER-We would be on this agenda this month but I don’t know which meeting. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-Later this evening, the Board is going to, I believe be considering a th resolution that would reschedule the December 6 meeting because I will be out of Town and unable to attend that meeting at that date to the last Monday in the, in November which would be th the 29, that’s twenty-eight days from today and I would propose that we table until that date. That should give everyone plenty of time to get their ducks in a row and come back in here, leave the public hearing open until the date and then, you know again, you can address the Board’s concerns Regular Town Board Meeting, 11-01-2004, Mtg #51 555 and anticipate based on the correspondence you heard tonight, making sure that you have very good answers to those questions, however you need to do that with Craig Brown, you know Town Staff or whatever other evidence that you need and bearing in mind, yea, the drainage, the only question I had about the drainage, I mean I understand what you’re saying that the permeability is all the same but we are creating a mound and a wall, you know a big wall around that. So, I would like to make sure that, you know that you can show maybe some elevations or something that will really clarify that drainage will not be a problem here. COUNSEL LAPPER-Got it. SUPERVISOR STEC-Is there any other COUNCILMAN BREWER-And if there is a new map, Jon you’ll get it to us a week ahead of time or so. COUNSEL LAPPER-Yup. MR. HATIN, Director of Building & Codes-I just had one question, right now, the only variance is for a setback from the lake, if we push it farther back that will require variances from the property line. SUPERVISOR STEC-And that would be Zoning Board. MR. HATIN, Director of Building & Codes-No, this would be for a septic variance so this requires a new submission, I believe, right and re-advertisement? COUNCILMAN TURNER-Yea. Yup. MR. HATIN, Director of Building & Codes-Because those variances are not requested right now. TOWN COUNSEL HAFNER-Because it’s from the side. MR. HATIN, Director of Building & Codes-From the side and rear property lines or rear property line. TOWN COUNSEL HAFNER-Yes. SUPERVISOR STEC-And then we got twenty-eight days to do that so do we need to set a public hearing on the, at our next regular? TOWN COUNSEL HAFNER-At our next meeting we’ll have to have, we’ll have to set it for the th 29. thth. SUPERVISOR STEC-Yea, set a public hearing on the 15 for the 28 th TOWN COUNSEL HAFNER-29. th SUPERVISOR STEC-29, correct. TOWN COUNSEL HAFNER-Yes. COUNCILMAN BOOR-Does that work for you guys? MR. HATIN, Director of Building & Codes-Pardon me? COUNCILMAN BOOR-Will that work, Jon? COUNSEL LAPPER-Yes. TOWN COUNSEL HAFNER-You’ll be able to get us that information, Jon. COUNSEL LAPPER-Yup. Regular Town Board Meeting, 11-01-2004, Mtg #51 556 DEPUTY TOWN CLERK BARBER-So therefore you’ll close this public hearing or no? SUPERVISOR STEC-So, yea, Bob in that case do I close this public hearing? TOWN COUNSEL HAFNER-Yea, we’ll close this. SUPERVISOR STEC-Okay, I will close the public hearing with the anticipation of setting a public thth hearing on the 15 for the 29 of November to consider what we discussed tonight. COUNSEL LAPPER-Certainly. MR. HATIN, Director of Building & Codes-And will or won’t this go to our Town Engineer? COUNCILMAN BOOR-I don’t have a, I don’t think it needs to. SUPERVISOR STEC-I don’t think it needs to either. COUNCILMAN BOOR-Because I don’t think you’re going to be looking for the kind of relief from the lake that you are now and if the system is smaller, we don’t have to worry about other issues. MR. HATIN, Director of Building & Codes-Very good. SUPERVISOR STEC-Okay, thank you very much. PUBLIC HEARING CLOSED 8:44 P.M. Supervisor Stec noted that Mr. Hatin requested that Board of Health Resolution 1.3 be pulled. RESOLUTION TO ADJOURN BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 31, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. st Duly adopted this 1 day of November, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION CORRESPONDENCE – NONE Regular Town Board Meeting, 11-01-2004, Mtg #51 557 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR - NONE OPEN FORUM MR. DAVE JONES, 41 Boulevard-Questioned Resolution 6.10, ‘Resolution Authorizing Intermunicipal Agreement For Emergency Water Services Between Town Of Queensbury And City Of Glens Falls’ as to whether there’s any payments involved. SUPERVISOR STEC-No payment. This resolution is essentially a renewal of an Intermunicipal Agreement for emergency water services between the Town of Queensbury and the City of Glens Falls. The existing one that we had expired about a year ago, it is essentially a renewal of the terms as a result of the work between the Town Attorney and the City Attorney as well as Ralph VanDusen. The per gallon cost is the same as it has been and it’s a twenty year agreement that can be terminated with a hundred and eighty days notice after five years of the agreement, in case something changes. MR. DAVE KENNY, 131 Equinox Drive-Questioned what direction the Town is going with regards to Site Plan Review in reference to existing projects. I received this, I guess this latest article and it says here, any project requiring a building permit and is listed a Site Plan Review Use in Article 4, requires Site Plan Review, period. That’s the scope of the sentence. I’ve been before the Town, one issue was having a roof put on, I was told it definitely is Site Plan Review. I consider that an Architectural Review Board, I mean if the town is going that way, I just have to know that. The other instance, I just leased a space to a tenant, it was a retail space, it’s been retail and restaurant use for the last twenty years possibly… The new tenant, it was also a golf store there at one time, came in and was told he needed Site Plan Review to open up his store, which happened to be selling golf equipment and he has some machines he put in there where you can hit the ball. Which I was unaware of, I was never told. I go in to the Zoning Officer and he says, well, it was a change in use therefore it needs Site Plan Review. That’s not what this says, this says everything needs Site Plan Review if it requires a building permit. Are there exceptions in it? I don’t read any. I said what happens if a new tenant comes to me tomorrow. He said, well if you’re replacing the space with a like tenant, selling the same stuff, you won’t need Site Plan Review, I can tell you that. I said where does it say that in the code? If I need a building permit which I would need to replace a tenant, this here says I need Site Plan Review, he’s saying I don’t. So, I guess I’m wondering where are we at? Are we just making more and more regulations and everything that comes before the Town go to Site Plan Review. I have to know this because I have to let tenants know… SUPERVISOR STEC-I don’t believe that that is the case that if you change a tenant that we’re requiring Site Plan Review because I talked with Craig Brown too and he told me that that is not how it’s being applied. MR. KENNY-But that’s not what it says. SUPERVISOR STEC-I’d have to defer to Counsel or Marilyn Ryba. COUNCILMAN BOOR-For the record, what are you reading from? MR. KENNY-What he gave me, Article 179-9-020, Applicability of Site Plan, about the fourth or fifth line down, any project requiring a building permit and that is listed as a Site Plan Review Use in Article 4, requires Site Plan Review. No where does it say any exceptions. You need a building permit, it triggers Site Plan Review… Another issue that I don’t know where the Town is going with, the tent sale issue… SUPERVISOR STEC-We’re not prepared to discuss this in detail tonight, I think this is the kind of thing that we’re going to have to have a workshop on in the near future, both of those items… I will follow this up with staff tomorrow. MS. MARILYN RYBA, Executive Director-Recommended that Mr. Kenny put this in writing to the Planning Ordinance Review Committee, it’s a very appropriate venue for review. MR. PLINEY TUCKER, 41 Division Road-Questioned Resolution 6.11, ‘Resolution Authorizing Town Supervisor To Sign First Amended Stipulation And Order Of Settlement In Connection With Sale Of Water To Town Of Moreau’. Regular Town Board Meeting, 11-01-2004, Mtg #51 558 SUPERVISOR STEC-We’ll address that during resolutions. MR. TUCKER-Questioned when the Main Street Corridor Project was to take place. SUPERVISOR STEC-Sometime next Fall, was the last estimates that I heard from the County project end. MR. TUCKER-Referred to the Underground Utilities Local Law. SUPERVISOR STEC-We had already done that and this actually is just an action to validate that. It did get sent to the Planning Board for their recommendation. They did recommend and so we are going back and we are retroactively reaffirming that. MR. TUCKER-When Chris Round was here he was working on funds to put the electrical underground and get relief for all the people along the right-of-way, is that still happening? MS. RYBA, Executive Director-We’re working on it, is all I can tell you at this point and we’re looking for special funding from our legislators. In fact I made a phone call this morning but the person was on vacation. MR. TUCKER-From my experience, that will be quite costly. If we don’t find the funds, this thing still going to go? SUPERVISOR STEC-Yes, the Town’s committed to it and we have options a, b, and c and I think Marilyn is trying to avoid discussion what b and c are but a is certainly that we passed a local law that we are going to require that in certain corridors power when its relocated is underground. MR. TUCKER-Referred to the land deal west of the Water Plant, thanks Tim for making the phone call. I went to VanDusen and Steves and they do not have the map. SUPERVISOR STEC-They told me what they gave you and they gave our Counsel that and my next question would be for Counsel, where do we go from here now that we identified the map that you asked us to locate? TOWN COUNSEL HAFNER-We wrote and I gave you a copy tonight of the letter that I sent today. I didn’t get the map until Friday afternoon, I didn’t get a chance to look at it. MR. TUCKER-Where do we go from here? COUNCILMAN BREWER-As I understood it, NIMO at some point lost the map that they were supposed to have had, we were supposed to get the map from VanDusen and Steves and forward it to NIMO so that they could put it in their file and then deed the property to us or whatever they had to do. As I understood it, the map has to go to NIMO now so that they can verify that’s the property and then deed it to us. TOWN COUNSEL HAFNER-Yes. There’s two pieces of property that we’re talking about, one of them is on the other side of the Water Plant and it’s a property that seven years ago approximately the Town Board entered into a contract with Niagara Mohawk to buy, I forget, I think it was nineteen acres. They could not transfer all of the property to us at that time because of certain Federal Regulations that deal with power plants and property along the rivers. We bought the portion that we could back then. There’s a portion now that we are waiting for them to send us the documents and we’ll finish that contract that the Town Board signed back then. The second part is the one that Pliney is also talking about which is on the other side of the Water Plant and it’s property that is part of the Hudson Point PUD they were required to give us approximately five to five and half acres for recreational purposes, it was part of their development, they promised that they would do so and that they would transfer it but they couldn’t transfer it until they got permission from FERC, the Federal Agency that controls the property along rivers where there’s power plants. They got that FERC approval about seven months ago, I believe it was earlier this year and we got a copy of that and then we started trying to get them to send us documents. They said they’re going through the process on the part that we’re going to purchase, we haven’t seen anything, they keep telling us the same thing, it’s not moving forward at all that we can see but they say they’re doing the internal things necessary to sell us the parcel. On the other property they’re Regular Town Board Meeting, 11-01-2004, Mtg #51 559 having trouble finding a map that exactly describes the five or five and a half acres that the Town is supposed to get. We’re very frustrated with this but we have tried to work with them so that we can finalize this… I wrote him again today saying, we’ve got to move this forward, the Town Board is getting frustrated, please review this, call us about how you’re going to expedite this. MR. TUCKER-I’ve got the agreement and Saratoga Associates were involved. TOWN COUNSEL HAFNER-And I wrote him and told him to contact them. It’s their obligation, their requirement, they should provide the map and the description. SUPERVISOR STEC-We’re going to work on it. MR. JOHN SALVADOR-Referred to the Independent Auditor’s Report and read regarding the subject of un-deposited bail. The audit report says, during our audit we noted an instance in which a bail was received but not deposited into the bail cash account. The auditor goes onto say, the Queensbury Justice Clerk confirmed the bail check was kept in the safe, and kept in the safe for a period of three years. The Auditor was under the impression from a discussion with the Court Clerk that there was one check involved. Miss Maxam paid her bail on two different occasions in two different ways. She paid a twenty-five hundred dollar bail in cash for which she has the receipt. At another time, she paid another twenty-five hundred dollars bail in the form of two cashier’s checks. There was not one check. Now, since receiving this audit report we have gotten copies of the cancelled checks from the bank, the issuing institution and it shows that, whatever check was in the safe for three years it wasn’t Miss Maxam’s check because the checks that she turned over to the Court for her bail were cashed three days after she turned them over. So, I think the question is still out there, what happened to her five thousand dollar bail sum. I noticed that you have paid the auditor in full for their services, nine thousand dollar, you’ve got a nine hundred dollar credit. Some follow up has got to be done here, this is not complete and I think Miss Maxam has notified you of this so that needs to be followed up on…. The Town of Lake George has signed onto in some way or supports the Lake George Watershed Conference. You participate in their meetings and that sort of thing, is there any kind of financial? There is, well, I want you to know that the Lake George Association had a golf tournament and they put an ad in the Chronicle listing all of their sponsors. I guess sponsors mean you contribute to the event so that they can give prizes for this golf tournament and the Lake George Watershed Conference is one of the sponsors of this. Now, I don’t think that that’s what we’re trying to do is support that sort of thing. There are other not-for-profits on here that get State funding and are contributing to a golf tournament. Totally inappropriate…. Mr. Kenny’s point are well, well taken. The reason that your Planning Board is so overworked is there in this circle of Site Plan Review, it’s nothing but project review, that’s all it is. And that Zoning Ordinance of ours is nothing but a design manual… There was an article in this morning’s paper about the hotel market becoming saturated and this is a problem we’re going to have in our community also and it’s not only hotel rooms, it’s office space, it’s apartments, it’s condo’s, it gets saturated but adding to this problem is Warren County which has come out with a program to advertise the availability of this extra capacity… The County is fostering a program for the lodging industry where you go on this website and depending on what’s available you get a room for nothing and that is going to feed right into the subject of this article in the morning paper. As you saturate the market with rooms, the price goes down, the competition goes up, the service degenerates and the whole community suffers. OPEN FORUM CLOSED 9:12 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Please everyone remember to vote tomorrow, the polls are open six to nine. COUNCILMAN STROUGH-The five Fire Departments and the three EMS Squads are still looking for volunteers so please volunteer. COUNCILMAN BOOR spoke to the Town Board regarding Adelphia Media Services, the future in Digital Televising and the consideration of the Town building an antenna and providing a service for the community at large where the town could contract with networks and other broadcasters, the town would get the signal and broadcast over the airways to residents thereby perhaps saving a lot Regular Town Board Meeting, 11-01-2004, Mtg #51 560 of money…. I think it’s something that we need to look into because the cable costs are getting very expensive. I think to better cover ourselves we should be looking at alternatives available and I think this one we could perhaps make some headway with. COUNCILMAN BREWER-Dave Hatin, what can we do about the Salvation Army? MR. HATIN, Director of Building & Codes-It’s a difficult situation, they’re not creating the problem, the public is. They’re diligent in cleaning it up every day. I mean, you go out there on Monday morning, they’re out there and it’s hard pressed to take issue with somebody that’s trying to maintain it. COUNCILMAN BREWER-Can we write the Sheriff a letter and ask them to post somebody there and make an issue out of it? SUPERVISOR STEC-I’ve had a conversation with the Sheriff, I’ve had several conversations and emails with Bill Remington, DPW because he’s going to do some additional signage. He’s contacted and called the people at Salvation Army and you know Dave has been in the loop the whole time and you guys have been copied on most of those emails. COUNCILMAN BREWER-Signs are not working. This is a disgrace to this Town. We ought to be able to ask the Sheriff to spend two lousy hours on a Sunday afternoon, whatever, Saturday afternoon, Saturday night whenever it is that people are dumping there and catch these people and make an example out of them. Fine them two hundred dollars, put it in the paper, then when people see it, they won’t be doing it. SUPERVISOR STEC-I’ll contact the Sheriff again and I will specifically ask him to do that and I will also follow with a letter because I did not send a letter and I will copy everybody… Three brief ones, don’t forget to vote tomorrow… I want to thank Glens Falls National Bank and TV8 for sponsoring these productions… Just want to get the word out for the town’s website, a great resource with a lot of information and that’s www.queensbury.net. OPEN FORUM CLOSED RESOLUTIONS 9:24 P.M. MS. RYBA, Executive Director lead the Town Board through the following Part II of the Full Environmental Assessment Form: FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND NO 1. Will the proposed action result in physical change to the project site: Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Regular Town Board Meeting, 11-01-2004, Mtg #51 561 Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, NO geological formations, etc.) Specific land forms: IMPACT ON WATER NO 3. Will proposed action affect any water body designated as protected? Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: NO 4. Will proposed action affect any non-protected existing or new body of water? Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: NO 5. Will proposed action affect surface or groundwater quality or quantity? Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Regular Town Board Meeting, 11-01-2004, Mtg #51 562 Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR NO 7. Will proposed action affect air quality? Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS NO 8. Will proposed action affect any threatened or endangered species? Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: NO 9. Will proposed action substantially affect non-threatened or non-endangered species? Examples that would apply Regular Town Board Meeting, 11-01-2004, Mtg #51 563 Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES NO 10. Will the proposed action affect agricultural land resources? Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES NO 11. Will proposed action affect aesthetic resources? Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological NO importance? Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: Regular Town Board Meeting, 11-01-2004, Mtg #51 564 IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or NO recreational opportunities? Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical NO environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION NO 15. Will there be an effect to existing transportation systems? Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY NO 16. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS NO 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Regular Town Board Meeting, 11-01-2004, Mtg #51 565 Other impacts: IMPACT ON PUBLIC HEALTH NO 18. Will proposed action affect public health and safety? Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD NO 19. Will proposed action affect the character of the existing community? Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse NO environmental impacts? RESOLUTION ENACTING LOCAL LAW NO.: 10 OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CONVERT ALL PARKLAND/ RECREATION ZONES – TEN ACRES (PR-10) TO PARKLAND/ RECREATION ZONES – FORTY-TWO ACRES (PR-42) Regular Town Board Meeting, 11-01-2004, Mtg #51 566 RESOLUTION NO.: 532, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 10 of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to convert all Parkland/Recreation – Ten Acre Zones (PR-10) to Parkland/Recreation – Forty-Two Acre Zones (PR-42), and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and th WHEREAS, on or about October 19, 2004, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution recommending approval of the proposed rezoning, and th WHEREAS, on or about October 13, 2004, the Warren County Planning Board considered the proposed rezoning and also recommended approval, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, and th WHEREAS, the Town Board duly held a public hearing on October 4, 2004 and heard all interested persons, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law, reviewing the Full Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment and the Town Board hereby authorizes and directs the Town Supervisor to complete the Full Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes and directs the Town Clerk’s Office and/or Community Development Department to file any Regular Town Board Meeting, 11-01-2004, Mtg #51 567 necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 10 of 2004 as presented at this meeting to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to convert all Parkland/Recreation – Ten Acre Zones (PR-10) to Parkland/Recreation – Forty-Two Acre Zones (PR-42), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None LOCAL LAW NO.: 10 OF 2004 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO CONVERT ALL PARKLAND/RECREATION ZONES – TEN ACRES (PR-10) TO PARKLAND/RECREATION ZONES – FORTY-TWO ACRES (PR-42) BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: § SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” 179-3-040 entitled "Purpose and establishment of zoning districts" is hereby amended as follows: § 179-3-040. Purpose and establishment of zoning districts. The zoning districts established by this chapter, subject to future amendment, including an aggregate of all of the area of the Town, are and shall be as follows: Regular Town Board Meeting, 11-01-2004, Mtg #51 568 A. Residential Districts. (1) Land Conservation LC-42A and LC-10A. The LC Districts encompass areas where land has serious physical limitations to development or unique characteristics that warrant restricting development to very low densities. (2) Multifamily Residential MR-5. The MR-5 District is intended to provide for an anticipated increase in demand for high density, multifamily housing and professional office buildings in areas located near commercial services. es (3) Parkland Recreation PR-42A and PR-10A. The PR Districts encompass areas where lands are controlled by municipalities and are set aside for the protection of natural resources or recreational activities and which can support minimal development or low-impact land uses of very low densities. SECTION 2. Queensbury Town Code Chapter 179, “Zoning,” Table 1 entitled "Summary of Allowed Uses in Residential Districts" is hereby amended as attached and made part of this Local PR-10AParkland/Recreation Law, to delete “” under the section entitled “.” SECTION 3. Queensbury Town Code Chapter 179, “Zoning,” Table 4 entitled "Summary of Dimensional/Bulk Requirements" is hereby amended as attached and made part of this Local PR-10A Law, to delete the section and references pertaining to “.” SECTION 4. The Town Zoning Map of the Town of Queensbury shall be changed so that all properties currently zoned Parkland Recreation PR-10A shall now be, as of the effective date of this Local Law, Parkland Recreation PR-42A. SECTION 5. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 6. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 7. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. (tables 1 & 4 on file in the Town Clerk’s Office) Regular Town Board Meeting, 11-01-2004, Mtg #51 569 RESOLUTION AUTHORIZING POSTING OF NO TRESPASSING SIGNS ON TOWN PROPERTY LOCATED IN VICINITY OF JENKINSVILLE AND MUD POND ROADS RESOLUTION NO.: 533, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Highway Superintendent has recommended the posting of “No Trespassing” signs on Town property located in the vicinity of Jenkinsville and Mud Pond Roads, abutting Town property that was formerly the Town’s Landfill, and WHEREAS, the Town is concerned that public safety may be endangered by persons trespassing on such Town property, and WHEREAS, the Town Board has management, custody and control of all Town lands in accordance with Town Law 64(3) and lands may be protected from unauthorized use by the § posting of notices, and WHEREAS, the Town Board has determined that the posting of signs prohibiting trespassing is necessary to protect the safety, health and well-being of the public, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Highway Superintendent, in his discretion, to purchase and post “No Trespassing” signs on Town of Queensbury property located at located in the vicinity of Jenkinsville and Mud Pond Roads, abutting Town property that was formerly the Town’s Landfill, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town’s Budget Officer to arrange for payment of such signs from the appropriate account, including any budget transfer or amendment to the Town’s 2004 Budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Budget Officer and/or Town Supervisor to take any and all actions necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 11-01-2004, Mtg #51 570 st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 518,2004 REGARDING RELEASE OF ESCROW FUNDS IN CONNECTION WITH FARR LANE IN INDIAN RIDGE SUBDIVISION RESOLUTION NO.: 534, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 518,2004 the Queensbury Town Board authorized the return of escrow funds to Tra-Tom Development, Inc., in connection with the dedication of the remaining portion of Farr Lane in Phase III of the Indian Ridge Subdivision, which sum was the amount of $20,000 plus any earned interest, and WHEREAS, the Town’s Accounting Office has advised that there were still funds remaining in escrow in connection with the dedication of a portion of Farr Lane in Phase II of the Indian Ridge Subdivision in the amount of $17,840, and WHEREAS, the Town’s Deputy Highway Superintendent has advised that the Developer has completed to the Highway Superintendent’s satisfaction the top coat of the roads in both Phase II and Phase III, and WHEREAS, the Town Board wishes to amend Resolution No. 518,2004 to provide for the return of escrow funds to Tra-Tom Development, Inc., in connection with the dedication of the both Phase II and Phase III portions of Farr Lane in of the Indian Ridge Subdivision, which total is $37,840 plus any earned interest, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 518,2004 to authorize the return of escrow funds to Tra-Tom Development, Inc., in connection with the dedication of the portions of Farr Lane in both Phase II and Phase III of the Indian Ridge Subdivision, in the sum of $37,840 plus any earned interest, and Regular Town Board Meeting, 11-01-2004, Mtg #51 571 BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 518,2004 in all other respects. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT RESOLUTION NO. 535, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners EVENT : 5k Road Race/Walk th DATE : Saturday, December 11, 2004 TIME : 9:00 a.m. PLACE : Beginning and ending at Hiland Golf Club (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5k Road Race/Walk within the Town of th Queensbury to benefit Camp Comfort on Saturday, December 11, 2004, and BE IT FURTHER, Regular Town Board Meeting, 11-01-2004, Mtg #51 572 RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF RETIREMENT CONTRIBUTION RESERVE FUND RESOLUTION NO.: 536, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in July of 2004, Governor Pataki and the State Legislature passed changes to Chapter 260 of General Municipal Law, affecting a change in the payment due date for pension contributions, various financing options for these payments, and establishing a new retirement contribution reserve fund, and WHEREAS, the Queensbury Town Board wishes to establish a retirement contribution reserve fund for the purpose of financing retirement contributions, and WHEREAS, the Town of Queensbury has available 2004 appropriated unexpended retirement funds in the General, Cemetery, Highway, Wastewater, Water and Landfill funds, as st of November 1, 2004 which the Town Board wishes to utilize to establish the retirement contribution reserve fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the establishment of a retirement contribution reserve fund for the purpose of financing future retirement contributions, and BE IT FURTHER, Regular Town Board Meeting, 11-01-2004, Mtg #51 573 RESOLVED, that the Town Board further authorizes and directs the Accounting Office to transfer $334,000, $28,000, $122,000, $20,000, $128,500, and $21,300 to the General, Cemetery, Highway, Wastewater, Water and Landfill Funds, respectively, to finance the retirement contribution reserve, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to transfer funds, amend the 2004 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. st Duly adopted this 1 day of November, 2004 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2004/2005 AND PROVISION OF 2004 STANDARD YEAR END SERVICES RESOLUTION NO.: 537, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2004/2005 and the 2004 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program as outlined in PENFLEX’s Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for the estimated cost of $9,200, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2004/2005 and the 2004 standard year end administration services for the Town of Queensbury’s Volunteer Regular Town Board Meeting, 11-01-2004, Mtg #51 574 Firefighter Service Award Program at the estimated cost of $9,200 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and take any other action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of November, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING REMITTANCE PROCESSING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EVERGREEN BANK PROVIDING FOR LOCK BOX SERVICES RESOLUTION NO.: 538, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 472, 2004, the Queensbury Town Board authorized a Billing Service Agreement between the Town of Queensbury and Iliant Medbill, Inc. to provide for third party billing in an effort to reduce the Town EMS tax, and WHEREAS, such Billing Service Agreement stipulated that the Town of Queensbury open and maintain a lock box and bank account for the sole purpose of receiving checks, other forms of collections and explanation of benefits from government and third party payor entities for accounts receivables billed by Iliant, and WHEREAS, the Town’s Budget Officer has recommended that the Town open and maintain such lock box and bank account at Evergreen Bank and has presented the Town with a Remittance Processing Agreement for such lockbox services, and WHEREAS, the Town Board wishes to enter into the Remittance Processing Agreement with Evergreen Bank as recommended by the Town Budget Officer, substantially in the form presented at this meeting, Regular Town Board Meeting, 11-01-2004, Mtg #51 575 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Remittance Processing Agreement between the Town of Queensbury and Evergreen Bank substantially in the form presented at this meeting contingent upon receiving a Schedule A to such Agreement in form acceptable to the Town Supervisor, Town Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Remittance Processing Agreement and authorizes and directs the Town Supervisor, Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Boor recommended removing the words and eliminate in the first WHEREAS… Town Board agreed and Councilman Brewer and Councilman Boor approved as amended… (vote taken) RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY FRANK J. PARILLO RESOLUTION NO.: 539, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Frank J. Parillo (Parillo) previously commenced Article 7 Real Property Assessment Review cases against the Town in 2003 and 2004 concerning assessments on properties located on Corinth and Big Bay Roads, Queensbury (Tax Map Nos.: 309.13-2-2; 309.13-2-3; 309.13-2-4; 309.13-2-6; 309.13-2-7; 309.13-2-8; 309.13-2-9;), and Regular Town Board Meeting, 11-01-2004, Mtg #51 576 WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Board of the Queensbury Union Free School District has approved the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement which will result in the revised assessments for both 2003 and 2004 as set forth in the following schedule: Applicable Current Revised Assessment Tax Map No. Address Assessment Assessment Years . 309.13-2-2 199 Corinth Road $308,000 $300,000 2003 & 2004 309.13-2-3 203 Corinth Road $ 98,000 $ 40,000 2003 & 2004 309.13-2-4 Corinth Road $ 25,000 $ 15,000 2003 & 2004 309.13-2-6 Big Bay Road $ 17,000 $ 9,000 2003 & 2004 309.13.-2-7 Big Bay Road $ 16,600 $ 9,000 2003 & 2004 309.13-2-8 Big Bay Road $ 16,800 $ 9,000 2003 & 2004 309.13-2-9 Big Bay Road $ 33,500 $ 18,000 2003 & 2004 TOTAL: $514,900 $400,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Parillo within forty-five (45) days from the date that a Demand for Refunds is served upon the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None Regular Town Board Meeting, 11-01-2004, Mtg #51 577 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL” ARTICLE IV, “ADMINISTRATIVE PROVISIONS” RESOLUTION NO. : 540, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2004 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” Article IV, “Administrative Provisions,” to add a provision that should the Town of Queensbury’s Local Board of Health refer a sewage disposal variance application to a professional consultant for expert review and recommendation, any costs incurred in such review shall be paid to the Town by the applicant before any granted variance becomes effective, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on November 29, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 11-01-2004, Mtg #51 578 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT FOR EMERGENCY WATER SERVICES BETWEEN TOWN OF QUEENSBURY AND CITY OF GLENS FALLS RESOLUTION NO.: 541, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury (Town) and City of Glens Falls (City) maintain water systems and provide water to users within their respective borders, and WHEREAS, the City also supplies water to users on Fort Amherst Road in the Queensbury Consolidated Water District, on Western Avenue in the Town and to Town residents in other areas, which users are billed directly by the City at rates in excess of those charged to City residents, and WHEREAS, the City owns certain property located in the Town of Queensbury in an area generally known as Cole’s Woods, and WHEREAS, the Town previously installed a 20” water connection pipe between the Town’s 24” water main and the City’s 20” water main at the City’s lower junction in proximity to the water tanks constructed on the Cole’s Woods properties, and WHEREAS, with existing piping, the interconnection will accommodate a regular flow of about 2.5 million gallons daily, and WHEREAS, the purpose of the interconnection project is to provide an emergency interconnection back-up system between the two municipalities, and WHEREAS, the Town and City wish to extend and continue their spirit of cooperation for the mutual benefit of Town and City constituents and residents by entering into a short term mutual contract for the provision of emergency water service, and WHEREAS, a proposed Intermunicipal Agreement for Emergency Water Services has been presented at this meeting and the Town Board and Water Superintendent feel that such Agreement would be in the best interests of the Town, its residents and the Consolidated Water District, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-01-2004, Mtg #51 579 RESOLVED, that the Queensbury Town Board hereby approves of the Intermunicipal Agreement for Emergency Water Services with the City of Glens Falls substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Intermunicipal Agreement for Emergency Water Services and authorizes the Town Supervisor, Water Superintendent, Budget Officer and Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN FIRST AMENDED STIPULATION AND ORDER OF SETTLEMENT IN CONNECTION WITH SALE OF WATER TO TOWN OF MOREAU RESOLUTION NO.: 542, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, such Intermunicipal Agreement was contingent upon the Town of Moreau achieving a settlement with General Electric of its federal and state court lawsuits and its creation of a new water district for the Town of Moreau’s affected area, and WHEREAS, the Town of Moreau achieved a settlement with General Electric, designed and constructed and operates and maintains a water system connected to the Town of Queensbury’s water supply, and complied with the terms of the settlement with General Electric, and WHEREAS, the Town of Moreau still has an unexpended balance in its Escrow Account from settlement funds it received from General Electric, and the Town of Moreau and General Regular Town Board Meeting, 11-01-2004, Mtg #51 580 Electric wish to enter into an Amended Stipulation and Order of Settlement to set forth the terms of how the Town of Moreau may use unexpended funds to cover operation and maintenance expenses of its water system or water improvements, and WHEREAS, the Town of Moreau has presented the Town of Queensbury with such First Amended Stipulation and Order of Settlement (Stipulation) as it must also be executed by the Town of Queensbury, and WHEREAS, such Stipulation does not affect the Town of Queensbury in any negative way, and WHEREAS, a copy of the proposed Stipulation has been presented at this meeting and is in form acceptable to the Town’s Water Superintendent and Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the First Amended Stipulation and Order of Settlement referred to in the preambles of this Resolution and as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Stipulation and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Town Counsel Hafner-The Town of Queensbury entered into a contract with the Town of Moreau to provide water to them some years ago, as they needed to have water from us because of problems with the water that they said was due to GE polluting the water. They had to put in their own water district and we were the source of water. We entered into that agreement, part of their financing for that and for other water infrastructure things in the Town of Moreau was GE, they got I think, it was five million dollars from GE, they got a bunch of rules on how they could spend it. Part of the settlement with GE was a requirement that we signed, as part of the stipulation only to the fact that we had sufficient water to meet our obligations under the contract. That was not a big issue, we wouldn’t have signed the contract if we couldn’t meet our obligation. That’s the only part that we were involved in that stipulation, we had no obligations at all except to say that we had water that we could provide them. That contract as most contracts have, have a provision that it can not be changed without all the parties who signed it agreeing. So, now the Town of Moreau wants to get the last million dollars from, of their money and they are going to use it to expand their water districts inside the Town of Moreau. We hope, and I was talking with Ralph, we hope that that’s Regular Town Board Meeting, 11-01-2004, Mtg #51 581 going to lead to increased water use for the Town of Queensbury but as far as I see it, it’s purely a thing between GE and the Town of Moreau but officially we have to also sign because of, we were involved in the last stipulation. This promises nothing. The only thing we do is sign that we agree that we’re signing and we agree that they should be able to do that…. (vote taken) MS. RYBA, Executive Director lead the Town Board through the following Part II of the Short Environmental Assessment Form: NO A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, NO drainage or flooding problems? C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural NO resources; or community or neighborhood character? C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? C4, A community's existing plans or goals as officially adopted, or a change in use NO or intensity of use of land or other natural resources? C5, Growth, subsequent development, or related activities likely to be induced by NO the proposed action? C6, Long term, short term, cumulative, or other effects not identified in C1-C5? NO C7, Other impacts (including changes in use of either quantity or type of NO energy)? D. Will the project have an impact on the environmental characteristics that caused the NO establishment of a CEA? E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE AND REAFFIRMING ENACTMENT OF LOCAL LAW NO. 6 OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT RESOLUTION NO. 543, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Regular Town Board Meeting, 11-01-2004, Mtg #51 582 th WHEREAS, after duly conducting a public hearing on July 26, 2004, the Queensbury Town Board, by Resolution No. 364, 2004, enacted Local Law No. 6 of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground Utilities Overlay District in the Town of Queensbury (Local Law), and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Executive Director of Community Development forwarded copies of the Local Law and Resolution to the Warren County and Town of Queensbury Planning Boards for review and recommendation, and th WHEREAS, on or about October 26, 2004, the Queensbury Planning Board considered the Local Law and adopted a Resolution recommending approval of the Local Law, and th WHEREAS, on or about September 8, 2004, the Warren County Planning Board also considered the Local Law and recommended approval, and WHEREAS, the Town Board wishes to conduct a State Environmental Quality Review Act (SEQRA) environmental review of the Local Law, and WHEREAS, a copy of the Local Law and Short Environmental Assessment Form have been presented at this meeting and are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering Local Law No. 6 of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground Utilities Overlay District in the Town of Queensbury, reviewing the Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the Local Law will not result in any significant adverse impacts, and Regular Town Board Meeting, 11-01-2004, Mtg #51 583 BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board hereby reaffirms enactment of Local Law No. 6 of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground Utilities Overlay District in the Town of Queensbury as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None LOCAL LAW NO.: 6, OF 2004 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” Article 4 entitled "Schedule of Regulations" is hereby amended by adding a new section 179-4-110 as follows: § 179-4-110. Underground Utilities Overlay District. Regular Town Board Meeting, 11-01-2004, Mtg #51 584 A. Purpose and Findings. The Town of Queensbury is currently experiencing significant new construction and reconstruction in developed areas which involve either installation or relocation of electric, telephone, cable television and telecommunication utility lines. Placement of these utilities underground would improve the safety and welfare of Town residents and visitors for several reasons. A multitude of utility poles close to the street constitutes a traffic hazard by increasing visual clutter and the likelihood of accidents related to the resulting distraction as well as by presenting a collision obstacle for vehicles which leave the lane of travel for any reason. Utility poles and overhead utility lines also pose a threat to public safety as they are vulnerable to being downed by ice and wind storms. Finally, the appearance of the major arterials in the Town contributes significantly to the overall impression of the community held by residents, visitors and commuters. Placing utilities underground will improve this general perception and positively impact the appeal of the community. This Local Law is intended to provide these benefits by requiring the placement of electric, telephone, cable television and telecommunication utilities underground within the overlay district. B. Definitions. “Utility Lines” shall mean transmission, trunk and lateral distribution lines, including electric, telephone, cable television, telecommunication and all other wires and cables. C. Creation of Overlay District. An overlay district is hereby created to be known as the Underground Utilities Overlay District which include all properties located within 125 feet of the centerline of the following roads: 1. Warren County Route 28 (Main Street) from Exit 18 of the Adirondack Northway (NYS Route I-87) to the City of Glens Falls municipal boundary; 2. NYS Route 9 from NYS Route 149 to the City of Glens Falls municipal boundary; 3. All of Quaker Road (NYS Route 254) lying within the Town; and 4. Aviation Road (NYS Route 254) from west of the bridge over the Adirondack Northway (NYS Route I-87) to NYS Route 9. D. Undergrounding Required. Any utility lines within the Underground Utilities Overlay District which are required to be relocated in connection with any Regular Town Board Meeting, 11-01-2004, Mtg #51 585 construction project and any new utility lines to be installed within the Overlay District shall be installed underground. Utility companies shall obtain all necessary approvals and permits prior to commencement of construction. Wherever practicable, trenches through utility easements shall be occupied jointly by electric and telecommunication utility lines. Whenever main distribution and trunk utility lines are located or relocated underground, lateral distribution lines from those lines to individual structures shall also be located or relocated underground. All new or relocated lateral distribution lines shall be located underground whether or not the main distribution and trunk lines are underground. E. Removal of Existing Poles and Overhead Lines. The utility company which owns existing utility poles and overhead utility lines shall remove such poles and lines immediately following installation and activation of the underground lines. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 544, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-01-2004, Mtg #51 586 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-3620-2020 001-3620-4410 1,041. (Vehicles) (Fuel) HIGHWAY FROM: TO: $ AMOUNT: 04-5130-2050 04-5130-4510 400. (Radio Equipment) (Radio Repair) WASTEWATER FROM: TO: $ AMOUNT: 032-1680-2032 032-8110-4010 100. (Computer Software) (Office Supplies) 032-1680-2032 032-8110-4030 100. (Computer Software) (Postage) 032-1680-2032 032-8110-4105 200. (Computer Software) (Mobile Communication) 032-1680-2032 032-8120-4110 200. (Computer Software) (Vehicle Repair & Maintenance) 032-8120-4440 032-8120-2001 2,000. (Sewer Line Maint.) (Misc. Equipment) WATER FROM: TO: $ AMOUNT: 40-8340-2899 40-8310-4791 2,930. (Capital Const.) (Equip. Maint.) 40-8340-2899 40-8310-4400 2,000. (Capital Const.) (Misc. Cont.) 40-1680-4791 40-8310-4190 750. (Equip. Maint. Contr.) (Admin. Refunds) VARIOUS FROM: TO: $ AMOUNT: 001-1990-4400 001-1410-4080 2,000. (Contingency) (Legal Ads) 004-9080-8080 004-5110-4620 5,000. Regular Town Board Meeting, 11-01-2004, Mtg #51 587 (Vacation Accruals) (Paving) 001-1315-2032 001-1315-2001 102. (Computer Software) (Misc. Equipment) 001-1315-1035 001-1315-2032 3,079. (Comptroller) (Computer Software) st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF OCTOBER 28, 2004 RESOLUTION NO.: 545, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as thnd the Abstract with a run date of October 28, 2004 and a payment date of November 2, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run thnd date of October 28, 2004 and payment date of November 2, 2004 numbering 24-483300 through 24-505000 and totaling $579,369.28, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 11-01-2004, Mtg #51 588 RESOLUTION ACCEPTING DEDICATION OF WESTBERRY WAY AND WOODSHIRE COURT IN PINE RIDGE ESTATES SUBDIVISION RESOLUTION NO. 546, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Burnt Hills, LLC has offered deeds to dedicate Westberry Way and Woodshire Court in the Pine Ridge Estates Subdivision to the Town of Queensbury as described in a Survey prepared by VanDusen & Steves, Land Surveyors, LLC, dated September 29, 2004, and WHEREAS, the Town Highway Superintendent has inspected the roads, advised that the roads are complete with binder and topcoat and has recommended their acceptance contingent upon Burnt Hills, LLC completing the road proposed to be connected to the Schiavone Subdivision st within five years or by November 1, 2009, and addressing any necessary drainage easements, and WHEREAS, the Town Highway Superintendent reviewed the subdivision map and determined that there do not seem to be any necessary drainage easements for these two roads, and WHEREAS, Burnt Hills, LLC has provided the Town with a $8,750 cash escrow to ensure st completion of the connector road to the Schiavone Subdivision by November 1, 2009, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, Burnt Hills, LLC has offered a deed to two parcels called “Avoidance Area” and “Mitigation Area” to dedicate such property to the Town of Queensbury as described in the Subdivision Plan/Survey prepared by Nace Engineering and VanDusen & Steves, Land Surveyors, LLC, final revision date of March 17, 2004, and WHEREAS, the Town of Queensbury plans to use some or all of such property for Karner Blue Butterfly Habitat and to allow the New York State Department of Environmental Conservation (DEC) to clear all or part of such property for such purpose, and WHEREAS, Richard Schermerhorn has agreed to remove three piles of garbage from the Avoidance Area and Mitigation Area at his own expense when DEC is on such property for construction and clearing, and WHEREAS, the form of the deeds and title to the roads, Avoidance Area and Mitigation Area offered for dedication have been reviewed by Town Counsel, Regular Town Board Meeting, 11-01-2004, Mtg #51 589 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed(s) for dedication of Westberry Way and Woodshire Court in the Pine Ridge Estates Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement in form acceptable to Town Counsel and the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Burnt Hills, LLC to record the deed(s) in the Warren County Clerk's Office, after which time the deed(s) shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Westberry Way Road Number: 545 Description: Beginning at Upper Sherman Avenue and continuing a distance of 2300 feet and .435 hundredths of a mile and ending at a dead end. Feet: 2300’ and .435 of a mile . Name: Woodshire Court Road Number: 546 Description: Beginning at Upper Sherman Avenue and continuing in a southerly direction a distance of 1125 feet and .213 hundredths of a mile and ending at Westberry Way. Feet: 1125’ and .213 of a mile . st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer ABSENT: None NOES : None Regular Town Board Meeting, 11-01-2004, Mtg #51 590 TH RESOLUTION RESCHEDULING DECEMBER 6, 2004 TOWN BOARD TH REGULAR MEETING TO NOVEMBER 29, 2004 RESOLUTION NO.: 547, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Supervisor wishes to reschedule the Town Board’s Regular Meeting thth presently scheduled for December 6 to November 29, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the rescheduling of the thth December 6, 2004 Regular Town Board Meeting to November 29, 2004. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 548, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT’S ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it’s Regular Town Board Meeting. st Duly adopted this 1 day of November, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK, TOWN OF QUEENSBURY