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2009-08-17 MTG #31 REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 169 REGULAR TOWN BOARD MEETING MTG #31 TH AUGUST 17, 2009 RES # 266-274 7:00 P.M. B.H. 20-21 BOARD MEMBER PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 266.2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 17 day of August, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0QUEENSBURY BOARD OF HEALTH 1.1Public Hearing on Sewage Disposal Variance Application of Robert Marra NOTICE SHOWN PUBLICATION DATE: August 7, 2009 Supervisor Stec-This public hearing was set at our last Town Board Meeting its property is located at 112 Seelye Road up in North Queensbury. They are seeking two variances two foot from the front property line in lieu of ten feet and fifty three feet from their well in lieu of one hundred feet. With that said I think that Mr. Marra is here with his agent Mr. Nace. Why don’t I turn this over to you guys for a brief presentation of what you are seeking to do and then we will take some public comment. Mr. Tom Nace-Ok, for the record, Tom Nace, Nace Engineering with me is Bob Marra. What we are doing is replacing an old septic system that was connected to a house that burned down. Bob is rebuilding the house and putting in a new septic system to replace the old one in approximately the same area. The system is a shallow system it will require some imported fill materials above the bottom of the trenches. But it is a fill system and its down gradient from the existing well on the property but the most separation we can get is fifty three feet. The well however is a deep well it is over seven REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 170 hundred feet, Bob tells me it is very close to eight hundred feet deep. It is into rock and it is cased. It is very simple we need two variances, one from the front property line adjoining the road and one, from the separation distances from the well. Supervisor Stec-You did bring up the, you did mention the depth of the well and as you know and hopefully the Town Board all got copies back. I believe we got them Friday from your comments and then the comments that Dan Ryan our Town Engineer, we asked him as you know last time to look at this and he did and he came up with a list of items that concerned him or that he wanted clarified or included on the plan. You have done that and we appreciate you turning that around in a timely manner. Darleen do you have a copy of any of those letters, Vision Engineering or from Tom Nace? Town Clerk Dougher-I have both. Supervisor Stec-Ok. Because I know one of the concerns that we have, was the proximity to the well and the fact that it is that deep and encased certainly satisfied our engineer at least that concern. Do the Town Board Members have any questions before we take public comment? Councilman Montesi-I have a couple of questions. The gravel driveway it is listed on your map Tom, Engineer Nace-Yes. Councilman Montesi-Where is the entrance to the garage, is it Engineer Nace-The entrance to the garage is directly off from Seelye Road. The gravel driveway on the north side of the lot opposite the garage is just a gravel parking area off the road. It is not connected to the garage in anyway shape or form. Councilman Montesi-The retaining wall is going to be a new retaining wall, or is it Engineer Nace-It will be a new retaining wall I need approximately two, two and a half feet of wall to separate the grade from the additional material we bring in for the septic system from the existing gravel parking. Councilman Montesi-Tom, the only other question I have Tom is that you know this is a tiny lot and we are fifty eight feet the variance from a hundred feet of the well Supervisor Stec-Fifty three Councilman Montesi-Fifty three and then we are two feet from the property line instead of ten but in any event did you consider the option of a holding tank? Engineer Nace-Well the soils are relatively good on that portion of the site the soils are deeper than any other area on the site and they are adequate for a shallow system and we felt that it would function properly so we went ahead and designed the system so that the constant maintenance for a septic pump out would not be required. Councilman Montesi-Let me just ask you the question, if this is refused tonight what would your alternative be? Engineer Nace-I suppose that would depend on the reason for refusal. Whether it’s the concerns about the well or the two foot front set back is simply from, it is not from an adjacent developed property it is from the Town Road which should not be a real concern. I think the well being well over seven hundred feet deep encased and Bob reminds me that there are no wells even up gradient or within two hundred feet of the proposed system. Plus it is significantly better than the system that had previously been there. Councilman Metivier-Well, I do agree with that, I think that we are just starting to set such precedent here with these where getting it within fifty percent of the required set REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 171 back it is just to the point, at some point you need to say enough is enough. I realize that this is a pre-existing condition, I understand that, and any time you see a new septic system come in you say hurray because you are cleaning up another you know, mess. I absolutely agree with that it is better than what is there. But, as these come in we are moving from the nineties to the eighties to the seventies now we are at fifty three and it is just getting to that point where we need to you know, say you know we have got to stop or set new standards or something. Engineer Nace-One thing to consider Tony is that, put it in perspective, the hundred foot set back is a set back from a down gradient well and the Health Department says that is ok even if I have a well, shallow well developed in sand, that a hundred feet is all I need for down gradient septic system. Here I have got drilled seven hundred plus feet into rock obviously if they had received water from a shallow or aquifer when they were drilling they would have used that. So, we are getting water from certainly well over six hundred feet down and its Councilman Metivier-Can you measure distance of a hundred feet down or is that Engineer Nace-How is that? Councilman Metivier-You know how you measure your distance a hundred feet can that be considered a downward measurement or Engineer Nace-That is not normally the way the Health Department looks at it as a plan- a-metric or the surface or horizontal separation distance. But in reality yes, it does make some difference. Even if there were a path for water to get from the septic tank or septic system to the opening of the well it would still have to travel several hundred feet to get to where the aquifer is open enough to permit that to get into the well. Councilman Metivier-So, as an engineer you are comfortable saying that you know, that distance is enough Engineer Nace-Yes, I am and I believe that our engineer was also comfortable with it. Councilman Metivier-And he was, I mean at the end of the day we got what we needed what we were looking for as far as the comments back, but again I am just saying you know, are we starting to set a precedent here that we are going to not be able to correct in the future. That is my main concern more than anything. But, you know at least it is on a case by case basis. Engineer Nace-I was going to say I think each one I would look at differently. If I thought that this was really in jeopardy I would recommend some treatment for the well. I think Dan Ryan your engineer would have also. But, in this particular case neither of us feel that, that is really necessary. Councilman Montesi-Talk to me about the existing garage, Dan asked for gutters and down spouts on that and also I guess on the front of the house facing east, that would be the front of the house facing Seelye Road. Engineer Nace-That is correct. He was suggesting down spouts and gutters to positively direct the rain water off those two surfaces. Councilman Montesi-The house the gutter would go north? Engineer Nace-North, yes correctly. Councilman Montesi-Ok and then on the garage Engineer Nace-It would go east. Councilman Montesi-East would be to the road. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 172 Engineer Nace-Toward the road there is a ditch line along the edge of the road there and it would get a lot toward that ditch line which it gets to currently anyway this flows off the edge of the building and runs along the building before it gets there. Councilman Montesi-So, this roof is tipped toward the leach field. Engineer Nace-Yes that is correct and that is why Dan was concerned if half the roof would drain over toward the leach field. Councilman Metivier-Are you going to be required to get any other variances for the building of the house? Engineer Nace-No. Councilman Metivier-So this is it. Engineer Nace-This is it. Councilman Metivier-For a two bedroom house. Engineer Nace-Correct. Councilman Metivier-Is that thousand gallon septic a larger capacity than is required for a two bedroom house? Engineer Nace-No. A thousand is what is required for a two or three bedroom. Councilman Metivier-Ok. Councilman Montesi-We also should read the letter. Supervisor Stec-We will get to that. Any other questions right now before we take public comment? Councilman Strough-Is this house being rebuilt on the same foundation of the old house? Engineer Nace-Not on the same foundation but on approximately the same footprint, not exactly. It is very close though. Councilman Strough-Is it approximately the same size? Mr. Marra-It is a little bit smaller. Councilman Strough-It is a little bit smaller, well that helps. Mr. Marra-The whole lot is all rock it is all ledge rock. Engineer Nace-No, not the whole lot. Mr. Marra-Other than the septic area, where the house would be would, is all ledge rock. It would have to be pinned to that and that is about the best place you could put it on that lot. They way it is designed is in a good way to have it so would be in there and be comfortable to stay in there on the ledge. Councilman Strough-Have you had the well water checked? Mr. Marra-Yes. Councilman Strough-It checks fine? Mr. Marra-Fine I will have it checked again as soon as I start the well back up. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 173 Councilman Strough-Ok. Mr. Marra-If that satisfies you I would be glad to. Councilman Metivier-Now is that well stagnant at this point or is it. Mr. Marra-Well, there is no pump so it has to be. There is definitely water in it but as long as there is not any electricity going to it, it is stagnant it would have to be pumped out before it could be used but that is no hard thing to do. Councilman Brewer-Did you actually Tom, look at where the rock line is compared to the septic system? Or do you have an idea? Engineer Nace-At the front of the house it dives down and we lose it, the actual, the test pits, the test pit went to fifty two inches before it hit rock. Councilman Brewer-How deep, this system is going to be what three feet? Engineer Nace-No, the system is a shallow system it is about two inches into existing grade. We are using fill a brand fill and bring the system back down to approximately two inches above existing grade. Councilman Brewer-So you add the well and actually would have to go up hill and then down into the casing to get at the water, basically what you are saying. Engineer Nace-Well the rock, yes the rock in there slopes at a fairly good dip angle to the east so it would have to find multiple fissure lines to get back to the well and I really do not think it is feasible. Councilman Strough-To me and my mind that at least forty eight foot of variances troublesome but it was reviewed by the Town Engineer as we requested, it is down gradient which is important because that is indicated with the water flow, away from the well. In addition to that you have taken extra measurers to mitigate the integrity of the filtration system by redirecting the roof drainage. The well is deep grouted there are some good aspects to it, I mean, it is forty eight foot but there are some mitigating aspects to it. Engineer Nace-Absolutely. Supervisor Stec-I will open the public hearing if there are any members of the public that would like to comment on this Board of Health Public Hearing just ask you to raise your hand one at a time these microphones not only amplify but they record for the purpose of the record. Mr. Salvador Mr. John Salvador-It has been recognized that the well is encased, the casing does not go all the way down the hole the casing is only as far as bed rock, and then the casing is sealed to the bed rock and I got to tell you that process is less than an exact science. I do not know if you have ever seen it done but I would be very, very, careful in this respect. How deep, how deep is the bedrock? You know, even the bedrock up there is highly fissured so I would suggest that you give very, very serious thought to putting this project on a holding tank that is the sure way for their own benefit. For their own benefit, thank you. Supervisor Stec-Thank you, is there anyone else that would like to address the Town Board on this public hearing? Yes Ma’am Ms. Linda McCollister-My name is Linda McCollister I live at 103 Seelye Road. You have a letter that I sent you. But, as I listen to you what is happening here is I think you need to be very much aware of what happens to Seelye Road when we have bad rains and when we have the spring runoff. Now, I am diagonally kind of across from Bob’s and my concern is that whatever leach field is it that is going in the front of the house, when the waters come they come very, very much and they come right to us because we are a REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 174 low point and they go right down our driveway. We have replaced our driveway probably four or five times. I started talking to the Town of Queensbury in, I have a letter, I think it is 1995, trying to get some sort of a holding tank in the road so that when all this water came down and now since 1995 we have got more growth on the street more new houses and it gets worse. So, I just want you very much aware that there is a problem there that we are having. I do not understand where the other gentleman said there is a ditch, there, years ago was a ditch but it got filled in. The only ditches beside our property and it really can’t take anymore. Councilman Metivier-You know I was even up there today with another storm water issue we have over on, I can’t think of the road, Mason Road and I mean its, we are getting there, we are making progress. We are doing a major project on Hillman, we will be working on Mason and we will eventually clean up these messes, but we also need to know about them. Ms. McCollister-Well, I have told the Town many number of times, not recently because we just kind of gave up and said we will keep repairing it. Councilman Metivier-Well, and you know what I will come out there I will contact you and pay you a visit to see and then I will talk to Mike Travis and you know it might not be something that we can get to this year but you know what Ms McCollister-No, that is fine. All I am trying to make you aware of is with Bob’s proposed plan to us a pump out system is going to be the best. I am not saying he shouldn’t build but I think we have got to be very cautious like you said about the run off and the smaller lots. People just keep wanting to build and build and build and that is fine but if they don’t have enough property for your setbacks which the Town has made then adjustments have to be made and to me a pump out system is the only way to go with this lot. Councilman Strough-Is this particular lot a catch basin for storm water? Ms McCollister-Our property? Councilman Strough-This property. Ms McCollister-When it comes down from, in the spring or a hard rain it flows from that property from the other side also, we have different properties, I would almost have to show you. Councilman Strough-All right from here, it doesn’t necessarily reflect here. Councilman Brewer-No, it goes to her property. Ms McCollister-It goes through our property and goes down our driveway because we purposely took up a asphalt driveway so that it would be you know the crush stone. Councilman Strough-It is the same problem that we have on the other side of Cleverdale on the other side of the hill. Ms McCollister-Oh, sure. And what has happened is years ago it did not matter because you didn’t have as many people building but now every lot is taken up and you know fortunately we have enough land so we are fine, but it is not good for the lake when we see these things happen and the water rushing. Councilman Montesi-From your perspective it appears that looking at the map the elevation lines go from one hundred and ten feet to one hundred and two right where the septic system is so it does flow down toward Seelye Road. Ms McCollister-Yea, and also you are talking about drains coming off of the garage? Be careful because that is going to come right down and I do not know where this ditch is that they are talking about because it is filled in. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 175 Councilman Metivier-Well, I am quite honestly comfortable with this but I will call you and we will get together sometime this week and you know what, like I said Ms McCollister-And I really, I you know I know Bob will put up a very nice little house and that is not the issue, the issue is the old septic. Ok. Thank you Supervisor Stec-Thank you. Is there anyone else that would like to address the Board on this variance hearing? All right I will ask the applicant to maybe come back and if there are any last questions or comments from the Town Board Members? Councilman Montesi-I do, that is one of the issues that Mrs McCollister raised that I looked at this too, is that you know everything even though it is bedrock and the house everything flows toward Seelye Road and right across this septic system, so it may not be endangering the well which is in the back part of the property but certainly a heavy runoff is going to put something onto Seelye Road and the neighbors down gradient. Engineer Nace-Well, I think we are not really changing other than to raise the grade of that area for the septic system, we are not changing any drainage patterns or, in fact we are actually because the house does have a slightly smaller foot print and roof print we are actually reducing the amount of runoff a little bit, not very much but a little bit. We are not changing the way things drain we are creating with the roof drains the gutters for the garage and the house we are getting it away from the septic system or preventing runoff flowing across the septic system. But, it will continue to go toward Seelye Road the way it is historically always gone. It is not a problem that we are creating or exasperating admittedly there probably is a problem there we just we are not impinging it. Councilman Metivier-Do you know what type of system is there currently or was being used? Engineer Nace-Obviously there is nothing being used now. Mr. Marra-There is nothing being used there now. There was just a sort of a pit it was a cement block pit with a concrete top on it, ran to a cobblestone pit and then from there some of it was going to one or two leach lines and that was it. But it was basically a cobblestone pit of about, I am going to say six or eight feet in diameter that is all there was. Engineer Nace-That is what we call a cesspool. Mr. Marra-Cesspool, that is exactly it. Councilman Metivier-So this is an improvement over that. Engineer Nace-It certainly is a big improvement and you know the system was right down and very close to bedrock and probably ends you know at ground water. Mr. Marra-If you had been up there you see the two big ...signs on the garage roof that covered the cesspool that was the cover for that. Councilman Brewer-Tom is there anything you are doing to retain the water on this property? Mr. Marra-Retain it? Engineer Nace-No, we have not. Councilman Brewer-Rather than let it go off your property. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 176 Engineer Nace-There is really now a whole lot, first of all there is nothing that had been done before with the old house, but no we are not anticipating to handle that, to do anything . Councilman Brewer-Don’t you think the Planning Board might bring that up as a topic? Engineer Nace-I do not think this goes to the Planning Board. Councilman Metivier-No, it is not going to the Planning Board. Councilman Brewer-No, it doesn’t, ok. I just in my mind I know that when I was on the Planning Board we always insisted that we didn’t let more water run off property then existed and don’t know if you are or your not or you are going to allow more or, just a question it is not. Engineer Nace-The foot print is a little smaller so there should be a little less, not very much. The house site itself is right on rock so there is really not a whole lot we can do to Councilman Brewer-So there is no way you can gather it and perk it into the ground, then really. Engineer Nace-Not really no, not with the rock situation and where it is. In the front we do not want to do that because of the septic system, in the back we could do it if we did not have the bedrock but the bedrock is so shallow there that there is really no opportunity to. Supervisor Stec-Is there any other public comment? I will close the public hearing and is there any discussion by Town Board Members or does anyone want to push this in a direction either for approval or perhaps? Moved to approve by Councilman Metivier, Seconded by Councilman Strough Darleen for the record do you want to read in the letter that we have on this before we proceed any further? Town Clerk Dougher August 16, 2009 Town of Queensbury Board of Health Queensbury Town Office Queensbury, NY 12804 RE: Robert Marra; Leach Field to Well and Property Line Variance Request Dear Board of Health, We would like to register our opposition to the requested variance to the setback requirements from the well and property line as described in your Notice of Public Hearing dated August 7, 2009. Allowing the edge of the leaching field to be located just 53’ from a well will set a terrible precedent. What is the value of such an ordinance if the setback requirement can be reduced by almost 50%? We are particularly concerned about reducing the property line setback by 80% to 2 feet on the east property line. This is an area that already struggles with excessive storm water runoff, routinely washing out parts of our driveway during heavy rains and snow melt. Allowing the edge of the leaching field to be located within 2 feet of the property line will only make this runoff problem worse and increase the risk of pollution entering the Lake. As year round residents of Cleverdale for over 30 years, we are very concerned about the increased runoff that has resulted from the ongoing development in the neighborhood. In cases where setbacks can not be met, holding/pump out tanks have proven to be viable REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 177 options and must be considered in this case as well in order to preserve the well being of Lake George. Sincerely, /s/ Linda & Mark McCollister Councilman Montesi-One other question. Mr. Marra I am looking at the map here and it says other lands owned by Robert Marra, next door. Do you still own that? Mr. Marra-Yes, I do. Councilman Montesi-Why wouldn’t you use that for your leach fields? Mr. Marra-Because it is up near the well. Councilman Montesi-No, it isn’t its, how big is that lot? Mr. Marra-Are you referring to the other lands or this land that Councilman Montesi-You would call that lands to the west. Mr. Marra-The piece behind it? Councilman Montesi-Yea. Mr. Marra-It is closer to the well and Councilman Montesi-I mean how big is that? Mr. Marra-That lot is I think it is sixty foot wide. Councilman Montesi-Sixty foot wide? Mr. Marra-Yea. Councilman Montesi-It would look like you could get that off from your front lawn get it off away from Seelye Road but anyway I am going to vote no on it because I think you should have a holding tank, but I just wanted to raise that point that it is not like you are trapped there is another piece of land there. Councilman Brewer-It is sixty foot wide by how deep? Mr. Marra-It runs, the two houses behind, next to that, but it is bedrock also. Supervisor Stec-Thanks for reading that in Darleen. Councilman Strough-Just to be on the cautious side would Mr. Marra be willing to bring in, have that well tested every year for the next three years and bring in the test results into the town? Mr. Marra-Sure thing. Councilman Strough-Could we amend the resolution? Councilman Montesi-If it didn’t test what would you do? That sound like a nice thing John but if it didn’t test well what would you do, make them take the septic tank out? Engineer Nace-At that point we would use ultraviolet disinfection for the well supply which is something we did consider if the well hadn’t been seven hundred feet deep I would have been promoting that from day one. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 178 Supervisor Stec-We will add biannual tests to the Town of Queensbury for the next three years and if any of these tests indicate contamination then you will upgrade your system to include ultraviolet treatment. Both Councilman Strough and Councilman Metivier agree to amend the resolution to include that. RESOLUTION APPROVING ROBERT MARRA’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: 20, 2009 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Robert Marra filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a new leaching system to be located: 1.2’ from the front property line in lieu of the required 10’ setback; and 2.53’ from the well in lieu of the required 100’ setback; on property located at 112 Seelye Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, August 17, 2009, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 179 Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Robert Marra’s application for variances from the Sewage Disposal Ordinance to install a new leaching system: 1.2’ from the front property line instead of the required 10’ setback; and 2.53’ from the well instead of the required 100’ setback; on property located at 112 Seelye Road in the Town of Queensbury and bearing Tax Map No.: 227.17-2-8, and BE IT FURTHER RESOLVED, that the Local Board of Health also requires that the well be tested once a year for the next three years to be reported to the Town of Queensbury Local Board of Health and if any such test indicate contamination you will be required to upgrade the system to include ultraviolet disinfection treatment. th Duly adopted this 17 day of August, 2009, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : Mr. Montesi ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 21.2009 BOH INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Queensbury Board of Health meeting. th Duly adopted this 17 day of August, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 180 TOWN BOARD MEETING 2.0PRIVILEGE OF THE FLOOR (limit 4 minutes) Mr. Skip Stranahan-1343 Bay Road Post Star Article 08-08-2009 A Clearer View I do not think it is a clear view of what went on, on French Mt. I am concern that none of the east side of French Mt. has been repaired. Noted he was happy that Mr. Macchio is cleaning up the west side but the part posted by Roger Boor between the two gates on our side and that part is not being maintained. Noted he thought Stranahan Industries is the owner but are we responsible for the four hundred tons of blue stone that is poured up and down the side of that mountain. Supervisor Stec-That is a matter for the Court. This is in current litigation. Mr. Stranahan-I would like to see if the Board or Mr. Montesi or ENCON feels this is our responsibility come look at it with us and tell is what you think is our responsibility because I will go up there and fix. Councilman Montesi-Again that is part of the litigation issue. There are four lawsuits going on between the neighbors up there. Mr. Stranahan-If you think it is our responsibility say so and we will go up and fix it before it continues to contaminate the creek and we will take action to stop the run off that is what I am here for. Councilman Montesi-I am not sure we can give you the blessing of saying go ahead and fix it…if I owned the land I think I would try to do what we did get a hold of DEC ask them to walk the mountain with you and what do they recommend. Supervisor Stec-Again, my recollection is that this stretch of road that you are talking about is the subject of on going litigation. The person best suited to answer your questions is Judge Krogmann. Mr. Stranahan-The Stranahan’s have been on that mountain for fifty five years we love that mountain and the environmental impact of letting the stone run into the stream freely needs to be addressed sooner rather than later and we are willing to do it. I would like to state for the record you are talking about narrowing the road and I have photographs at the gate is part of the road where it was originally less than thirty feet wide it is now sixty two feet wide. I was e-mailed some photographs by some of the people that are ridding on the mountain as recently as last week where they were digging big boulders along the sides of the road, so I am not sure we are narrowing it. Councilman Strough-Originally there were five law suits and the only one that has been settled is probably the smallest of the lawsuits I could argue. There are four other pending and probably larger lawsuits. Mr. John Salvador-What size blue stone are we talking about? Councilman Montesi-Kind of a dusty stone. Mr. Salvador-We call it shoulder stone, that is not very stable. Councilman Metivier-I was impressed with all the torrential rains we have had there was absolutely no wash out in that entire span of property. Mr. Salvador-Give is time, give it frost and it will flow like anything else. Last time I spoke about the Local Board of Health Section 307 paragraph 1 of the Public Health Law. Every Local Board of Health shall meet at stated intervals to be fixed by it. Supervisor Stec-Public Health Law Section 307 Local Board of Health Meetings, Subdivision 3 states “any matter within the jurisdiction of a Town or Village Board of Health maybe considered and acted upon at any regular or special meeting of the such REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 181 Town Board or Village Board of Trustees” You asked us to look and our Attorney said you were wrong. Mr. Salvador-Noted that Lake George has a schedule of meetings for the Board of Health. Re: Solid Waste – Supervisor Champagne was quoted as suggesting that we go to trash or garbage districts; whatever we do is going to need an environmental impact statement…that will weigh the alternatives … it is not too early to start on this. Re: land that is not in a zoning district – the zoning map shows that…addressed a letter to Zoning th Board of Appeals Chairman regarding this on June 29 asking for a hearing. Have not heard anything yet. Noted he had an application pending before the Lake George Park Commission Mr. Brown has commented on that application; “the property in question is in the Town of Queensbury classified as Waterfront Residential WR” that is not clear on the zoning map. Why can’t the Zoning Map be corrected to read what the zoning administrator says it is? The Zoning Map is incomplete and inaccurate. Councilman Montesi-Are we talking about the land underwater? Mr. Salvador-Yes. And anything below the mean high water mark. Supervisor Stec-All your material has been referred to Town Counsel. Councilman Strough-What is the northern boundary of the Town of Queensbury is it Lake George’s mean high water mark if it is that seems like the Town of Bolton adjoins us at that particular point; with maybe the exception of your piece of property which goes under Dunhams Bay and extend it the Town’s northern boundary to your boundary if that is the case then it needs to be zoned something. But if it is in the Town of Bolton then it is up to them to zone it something. Mr. Salvador-No. We had a Town boundary long before the mean high water mark. Questioned when he will hear from the Zoning Board? Councilman Brewer-We cannot answer that you will have to speak to the Zoning Board. Mr. Pliney Tucker-41 Division Road Re: 3.2 what is involved there? Supervisor Stec-In total about $3,000. for a grant involving So. Qsby. …we are trying to get the old Ciba Geigy site up to snuff so it can become usable again. Councilman Strough-That will obtain and compete a New York State Dept. of State Local Waterfront Development Program Grant. Allocation of funds to the Town to examine the potential development and reuse of the Ciby Geigy site. To take a look at the possibilities rather than letting it sit there. Mr. Tucker-With the financial situation with the State is there money there? Supervisor Stec-This grant is available. Mr. Tucker-Re: 3.7 what are we doing there. Supervisor Stec-Any time a liquor license comes up for renewal there is a requirement now that the Town Board be given the opportunity to object to it or not, in this case they are asking that we say they do not have to wait the thirty days. Mr. Tucker-Re: Coby Road You voted for a light to be placed there. Would like the Sheriff’s Dept. or State Police to take a look at that area ..and file a report with the Town Board. Supervisor Stec-I will ask to increase patrols there and get back to me what they are doing. Mr. Tucker-Re: Western Avenue from Sherman to Broad Acres could someone speak to the Mayor to repair that road. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 182 Supervisor Stec-I will call him. Mrs. Betty Monahan-Sunnyside - Noted on Quaker Cemetery a garage sale sign on the property would like to have it removed. Councilman Metivier-Noted after the meeting he will go there and remove the sign. Mrs. Monahan-Re: Crandall Library – We are all very proud of our library … noted the usage has gone up tremendously, Queensbury’s share of the budget has gone of tremendously…it came out at the last budget hearing that a very high percentage of the people that use that library that have cards there are not within the taxing district, the question was asked why can’t the library charge for those cards, and we were told it could not be done. There was research done and it can be done and there is a library in the Capital Dist. that is charging for cards. Spoke to the Board regarding the formula that is used for the Library Dist. and the impact that assessments have, it is time that our own Board Members from Queensbury on the Library are not too interested in solving these problems at least the one at the hearing wasn’t, they were the most upfront and did not try to hide information as much as some of the others did. Would like to see some research done on the Library Dist. from the time it started and what the assessed evaluation of the three communities involved every five years or so and the assessed valuation of those three communities every five years and the percent of support for the library budget. We are really getting killed now and a lot of it is because reassessments have not been done on these communities. When we have vacant wood lots that are paying a library tax they are not using it and people from other areas are using it for nothing this is something that has in all fairness be looked at and I would ask you to do that. Councilman Strough-Noted that the Town of Moreau is doing a re-assessment. Mr. Paul H. Naylor-15 Division Road West Glens Falls spoke on Warren County Budget Supervisor Stec-Will be discussed later this week. 3.0 RESOLUTIONS RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 267. 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following 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 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2009 Town Budget as follows: REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 183 From To CodeAppropriationCodeAppropriation$ 001-1990-4400Contingency001-1410-4420Codification7,000 001-1990-4400Contingency001-1110-2010Office Equipment1,000 004-5130-4410Fuel004-5140-4009Tree Removal5,000 th Duly adopted this 17 day of August, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR GRANT WRITING SERVICES SEEKING FUNDING FROM NEW YORK STATE DEPARTMENT OF STATE LOCAL WATERFRONT DEVELOPMENT PROGRAM RESOLUTION NO.: 268, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to evaluate the feasibility of development of re-use opportunities for the Ciba Geigy Industrial Site located on Warren Street adjacent to the Hudson River in the Town of Queensbury (Site), and WHEREAS, the Site is identified in the Regional Local Waterfront Development Plan (LWRP) adopted by the Town and therefore is eligible under the LWRP Program for implementation activities, and WHEREAS, the Town Board wishes to engage the professional grant writing services of The Chazen Companies to assist the Town with completing a grant application seeking funding from the New York State Department of State (NYS DOS) Local Waterfront Development Program for the development of a master plan for the Site, which master plan will explore re-use opportunities of the Site which may include industrial/commercial redevelopment, recreation, waterfront access and other uses, as th delineated in Chazen Engineering’s proposal dated August 11, 2009 and presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 184 RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies to assist the Town with completing a grant application seeking funding from the New York State Department of State (NYS DOS) Local Waterfront Development Program for the development of a master plan for the Ciba th Geigy Industrial Site in the Town of Queensbury as delineated in Chazen’s August 11, 2009 proposal presented at this meeting, for an amount not to exceed $3,000, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Account No.: 001- 8020-4720 (Planning - Consultant Fees), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this Project and further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION APPROVING REVISED GRANT AWARDS FOR CASE #5764 IN CONNECTION WITH THE TOWN OF QUEENSBURY AFFORDABLE HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 269, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, a single family property, Case File #5764,has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and funds were approved in accordance with Queensbury Town Board Resolution No.: 416.2008 through the Town of Queensbury Housing Rehabilitation REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 185 Program using HOME 20073216 funds and in accordance with Resolution No.: 224,2009 using CDBG 962HR37-08 funds, and WHEREAS, it is preferable to use New York State AHC 7J27 funds to the extent possible in this instance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified has been verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT # RESOLVED, that the Town of Queensbury approves grants for Case File 5764, Queensbury, New York, in the amounts not to exceed: Twenty-four thousand Revised HOME Grant in the amount not to exceed: dollars and no cents ($24,000.00) , and Five hundred dollars and no Revised CDBG Grant in the amount not to exceed: cents ($500.00 ), and Twenty-five thousand dollars and no AHC Grant in the amount not to exceed: cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 186 ABSENT : None RESOLUTION AUTHORIZING SALE OF OBSOLETE HIGHWAY DEPARTMENT 1991 INTERNATIONAL 6X4 TRUCK TO QUEENSBURY UNION FREE SCHOOL DISTRICT RESOLUTION NO.: 270, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Highway Superintendent has advised the Town Board that the Highway Department has a 1991 International 6x4 Dump Truck that is obsolete and no longer needed by the Department and has been replaced, and WHEREAS, in accordance with New York State Town Law §64(2-a), the Town may sell items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Highway Superintendent has requested Town Board authorization to sell the truck to the Queensbury Union Free School District for $1, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town’s sale of a Highway Department 1991 International 6x4 Dump Truck to the Queensbury Union Free School District for $1 as the Truck is obsolete and no longer needed by the Town Highway Department. th Duly adopted this 17 day of August, 2009 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTY ON EAGAN ROAD FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO WATERFRONT RESIDENTIAL (WR) REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 187 RESOLUTION NO.: 271, 2009 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is considering amending the Town Zoning Ordinance and Map to rezone a parcel of property on Eagan Road (Tax Map Parcel No.: 309.17-1-3) from Commercial Light Industrial (CLI) to Waterfront Residential (WR), and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 14, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby the property bearing Tax Map Parcel No.: 309.17- 1-3 located along Eagan Road in the Town of Queensbury would be rezoned from Commercial Light Industrial (CLI) to Waterfront Residential (WR), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 188 RESOLVED, that the Town Board further directs the Community Development Department to forward the proposed zoning change to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 17 day of August , 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF THTH AUGUST 5 AND AUGUST 18, 2009 RESOLUTION NO.: 272, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills thth presented as Warrants with run dates of August 5 and August 13, 2009 and respective thth payment dates of August 5, 2009 and August 18, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with ththth run dates of August 5 and August 13, 2009 and respective payment dates of August 5 th and August 18, 2009 totaling $14,725 and $1,154,893.77, respectively, and REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 189 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH PHIL’S HARVEST RESTAURANT, INC. RESOLUTION NO.: 273, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Phil’s Harvest Restaurant, Inc., (The Harvest) owns and operates The Harvest Restaurant located at 4 Cronin Road, Queensbury, New York, and WHEREAS, The Harvest has applied for a renewal of its liquor license, and WHEREAS, The Harvest has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the renewal of The Harvest’s liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before The Harvest’s liquor license is renewed, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 190 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license that is issued to Phil’s Harvest Restaurant, Inc. is renewed and that the Town Board has no objection to such license being renewed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of August, 2009 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 4.0CORRESPONDENCE NONE 5.0TOWN BOARD DISCUSSIONS WARD 1 COUNCILMAN METIVIER ? Councilman Montesi, Dave Wick, Dave Lupo, Mr. Macchio and myself viewed French Mt., I thought that what we saw the western slope of French Mt. up to the top of the gate was very well done, there is still an issue with one 200’ section of the road that needs to be addressed and Mr. Macchio assured us that will be…we have not signed off on anything yet until that piece of road does get addressed and corrected. The road is on average 10 to 12 feet blue stone which I felt was adequate to keep the storm water runoff in place. They have used different types of erosion control on it, with all the rain we have had I saw very little runoff. ? Re: Storm water No. Queensbury We have had the wettest July on record from what I understand and August has not been much better, we are running into problems with storm water that we have not seen in the past and we are working on it. I would ask people to be patient. Highway Supt. Mike Travis has come up to the site where there are problems and we will figure it out we will need to do some engineering. If you do have issues please feel free to call. ? We have a few nominations for the Beautification Committee Yard Beautiful, they are still accepting some for the third and fourth wards. WARD II COUNCILMAN MONTESI ? Re: French Mt. I was happy Mr. Macchio has been a man of his word, he did what we asked him to do and did a good job of it. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 191 ? Re: Homer Avenue The folks on Homer that were awaiting the drainage easement to relieve the water pressure on Homer Avenue I was delighted to know that one of the neighbors relented and said he would sign the easement and allow the rocks to be removed between their properties. That project should be ongoing now, we will be able to go to bid as soon as the Attorney gets the easement signed, sometime in October that project will be completed. WARD III COUNCILMAN STROUGH ? Post Star Article 08-16 paper promoting the Queensbury Outlet Store Center on Route 9 ? Post Star Article 08-16 on use of bikeways and how they promote tourism which promotes financial spending … and another article on bike safety ? RE: Route 9 Making Route 9 safer by Great Escape noted we have redirected the traffic to the parking area, we took out the lights and We improved traffic flow in front of the Great Escape – one of the unintended things that happened was that a lot of the adjacent landowners changed their land uses from what they were to parking lots..we did not count on that…The Great Escape did everything they were supposed to do everything we asked them to do. They put a pedestrian bridge across Route 9, one of the things proposed to be done in the near future was a connector road that the Great Escape uses is also to come out where Round Pond Road is and that is according to plan with the Great Escape to place a traffic light there…maybe it is time now to do that … we also need a right hand turning lane…When Great Escape reached a certain attendance level that will trigger some of these other things to happen. We could go through the State is to use signage on the west side of Route 9 directing those people that are using those unofficial parking lots to use the overpass might be helpful. WARD IV COUNCILMAN BREWER None SUPERVISOR STEC ? Queensbury Web Site www.queensbury.net ? Staff at Town Hall does a fabulous job taking care of big and small request for information ? Thanked TV8 and Sponsors for the televising of our meetings ? South Queensbury Volunteer Fire Co. had their annual Chicken BBQ they did a great job again as they do every year. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 274.2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury herby adjourns its Town Board Meeting. REGULAR TOWN BOARD MEETING 08-17-2009 MTG# 31 192 th Duly adopted this 17 day of August, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury