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1989-05-09 269: TOWN BOARD MEETING MAY 9, 1989 7:35 P.M. BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONA14AN-COUNCILMAN BC, 'D MEMBER ABSENT GE 'GE KUROSAKA-COUNCILMAN TOWN ATTORNEY PAUL D USEK TOWN OFFICIALS Paul Naylor, Rick Missita, Dave Hatin, Lee York, Kathleen Kothe PRESS: G.F. Post Star, WEND, Channel 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS RESOLUTION TO ENTER QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 253, Introduced by Ronald MonteSi who moved for its adoption, seconded by Betty Monahan. RESOL. VED, that the Queensbury Town Board hereby adjourn regular session and enter the Queensbury Board of Health. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Burgos N None Aunt: Mr. Kurosuko QUEENSB UR Y BOARD OF HEALTH PUBLIC HEARING -Sewer Variance Dr. Shalit NOTICE SHOWN SUPERVISOR BORGOS-This has to do with a situation, a request to put portions of the septic system under the parking lot for a proposed development. Actually it is an existing development but with proposed extensions along Route 9. Is there anyone here who wishes to speak for or against this particular situation? MIKE O'CONNOR-1 am Mike O'Connor from the law firm of Little and O'Connor. I represent the developer. I'm here to speak on their behalf with regard to the requested variance. Basically what is happening here there is a rejuvenation, a recycling if you will, of two sites that are presently in existence on Route 9, opposite the gourmet restaurant. I'm talking of the Exit 20 Motel site and with the plaza. The owners of the Luke George Plaza have recently bought the site known as Exit 20 Motel and it is their intention to demolish the buildings that are on the site, and to move a portion of the buildings that are their present site to the motel property and then build a U-shaped addition which will connect with two existing buildings. There presently is permitted on that site 39,000 square feet of retail space. When we are c, aid and done, we'll have approximately 58,000 retail space. But we will have done away W the forty unit motel, the restaurant, the manager's cabin that is on the Exit 20 Motel ll� erty. We have presently, before the Planning Board a site plan review which is reviewing the project in detail from front to back and every aspect of it. They in fact will be reviewing the septic system of which we hove asked you to grunt a specific variance for this evening. Their review is u indepth review. We've had one presentation before them. We are in the process of revising our plans to meet with their comments, to meet with some of the comments of the Warren County Planning Board. We ore here because we wish to place our septic facility in our parking lot on the lower level behind the buildings and your ordinance provides that if you do place your septic system within a parking lot a variance is needed. With me, is the engineer who has designed the septic system, he can speak of whatever details you wont as to the septic system, John Blanchard from C.T. Male Associates. I also understand that that the Town's consultant, Rist Frost, has reviewed this in connection with the site plan 270 review and is still in the process of reviewing from that. If there is any technical questions us to what we ore doing, we will be glud to answer them. John would you give us a brief overview if you will... SUPERVISOR BORGOS-For your informution to the public, you might be interested to know, that while we hove this ordinance, we've found that over the post couple of years, there are quite u few variations from the ordinance. We hove approved some variances along these lines in the lust year or so. JOHN BLANCHARD-Hello, my name is John Blanchard, I'm u C.T. Mule Associate. As Mike has indicated, we're consulting engineers for the Luke George Plaza. Essentially what we are trying to do is service u 59,000 square foot retail center. There are no food services provided within it, its strictly retail. What we're doing is basically replacing an existing system thots in place right now, presently has seepage pits within a parking area. We ore proposing to install a network of seepage pits to the rear of this siting, under u grovel parking lot, as allowed under Town code. One thing unique about this system is that the soils on the site ore very pervious. We ended up with perk rates of less than one minute. In uccordunce with DEC's standards, we hove designed u system that essentially pretreats the effluent prior to discharging to these seepage pits. I'm told by the manufacturer that its of near drinking quality. In fact some states allow you to discharge it directly to streams. So consequently what we hove is substantial pretreatment by what is known us a multi-flow aeration package plant. They discharge to, again two different plumbing zones. One zone we hove a net work of twelve, eight by eight seepage pits and in the other zone hove a system of six, eight by twelve seepage pits. We were forced to loy it out in this manner which again is consistent with the existing, due to the extreme grade across this site. We hove more than thirty feet of fall across the site. Consequently to get the buildings to fit in place and to get a.(five minute)?...slope across the parking lots, we were required basically to limit the job field location to the rear here. We are also trying to correct drainage problems that exist off the site and we've provided for u retention pond and that's put u limit on the available space in the rear portion. I believe that is all I have. If there is any specific questions in regard to the technical aspects, I'm available to answer them. COUNCILMAN POTENZA-How much more expensive is this then what is presently on the property now? MR. BLANCHARD-Whot is presently on the property is I believe four seepage pits that serves the existing retail center and I think again there ore three seepage pits that serve the motel presently. We are designing under a different criteria. The criteria has been upped basically since the design of the old plaza and in particular we're required for pretreatment for perk rotes less than five minutes, were not in place at that time. So it is a similar situation, we're ending up with more seepage pits because we do hove greater square footage and because we're again accounting in DEC regulations. COUNCILMAN POTENZA-Is the location the some, the ability the some as it is right now? AiR. BLANCHARD-The location as of right now, would be a parking structure for this facility and its in this locution. This also allows us to phase the construction of the project. There is a retail facility here right now that is to remain. Another building that is here, that has to be relocated over here, and by doing this type of configuration its separate from existing, we ore able to at least phase it in while constructing the proposed and leaving the existing in, in operation. COUNCILMAN POTENZA-How much larger is the proposed one? MR. BLANCHARD-In terms of? COUNCILMAN POTENZA-In terms of the volume...at the present time there are seven seepage pits in the present locution. MR. BLANCHARD-Correct. x COUNCILMAN POTENZA-You are proposing eight? --1 MR. BLANCHARD-We ore proposing a total of eighteen actually. Again its important to differentiate the seepage pits as for as the depth goes. We hove twelve eight by eight and six eight by twelve. Basically what we ore trying to do is spread the discharge along the... the length is considered to be the absorption area similar to what we would have for u tile field. SUPERVISOR BORGOS-Any other questions? COUNCILMAN MONAHAN-Not of that gentleman but I do hove some questions. I hove some 2'71 questions for Dove Hotin when the time is right. SUPERVISOR BURGOS-Okay. Do you hove any other? MR. BLANCHARD-No that would be it, thank you. SUPERVISOR BORGOS-Thank you very much. Mr. Hatin would you come forward and answer some questions. COUNCILMAN MONAHAN-Dove I'm asking you these questions because of the impact this r. hove. What is the amount of green space that is supposed to be for a commercial area i, ►at zone. DAVE HA TIN, Director of Building & Codes-I believe it might be right on that mop. I think it is thirty-two or thirty percent. MR. O'CONNOR-Thirty percent. COUNCILMAN MONAHAN-Well now, I'll ask the engineer if you retain the thirty percent green space, there is no way that these seepage pits can go under the green space? Or are you retaining the thirty percent green space? MR. O'CONNOR-We are retaining the thirty percent and the gravel parking area in fact does become port of those calculations permitted under our ordinance. COUNCILMAN MONA HA N-Excuse me Mike but where is the grovel parking space? MR. O'CONNOR-The whole lower buck parking lot. SUPERVISOR BORGOS-That is not going to be block topped? MR. O'CONNOR-No. MR. NACE-Thots not open, that's not pervious...not port of the thirty percent. M 'ER VISOR BURGOS-You're saying that's counting us port of the green space...before we c my further... okay then I wont... so we don't lose it. MR. O'CONNOR-We hove maintained the thirty percent of green space on the site. Okay, my understanding of our thirty percent calculations it included the parking lot ...that is included in that .... AIR. NACE-I'll let your engineer answer that... SUPERVISOR BORGOS-Mr. O'Connor is talking to Mr. Noce who is our consultant for those in the audience who ore not aware. Would you go to the microphone please. AIR. O'CON NOR-...revisions that we ore also making to answer the questions that the Planning Board has. Rist-Frost when they did the calculations of green space as we showed on our site plan, I think they come to a calculation of twenty-eight percent remain green. Am correct? AIR. NACE-Tom Noce speaking from Rist-Frost. SUPERVISOR BORGOS-One more thing, all of us know you but some people don't. Rist-Frost Associates ore hired, ore retained as our Town engineers to review projects of this nature. That is why Rist-Frost is involved at this point and I haven't heard this speech before. MR. NACE-1 apologize for interjecting Mike. I don't wont to confuse the issue but just to •.,e sure that everybody is straight. You're calculations of green space did not include the d vel area us green space. its included as impervious, that is the correct interpretation. calculations did show slightly less than thirty percent. That is my understanding that you ore modifying that... thirty percent. MR. O'CONNOR-We reduced the building by four thousand square feet so it would include enough green space to be within the thirty percent requirement. But let me correct what said. At the Planning Board discussion of the project, we were making our presentation, the Planning Board and we and everyone that walked out of the room, with the agreement that they in their calculations of green space per our ordinance, does include grovel parking areas. COUNCILMAN MONAHAN-Only if it is pervious though Mike. It can't be impervious because 2"72 that is port of that definition in there. MR. O'CONNOR-Okay, but they hove included that. COUNCILMAN MONAHAN-Well it can't be .... MR. O'CONNOR-We will show thirty percent outside the gravel parking area. The purking ureo is plus on top of that. If you take the gravel parking lot percentage... COUNCILMAN MONAHAN-If that is not drained, does not drain us pervious space you can't count that so lets leuve the grovel parking lot out of there. SUPERVISOR BORGOS-1 think they ore saying they are not counting it, is that correct? MR. O'CONNOR-We will have thirty percent without that. SUPERVISOR BORGOS-Thirty percent without counting that. COUNCILMAN MONA HA N-Where is your thirty percent going to be Mike? SUPERVISOR BORGOS-That was my next question. Do you have any color guide by uny chance, where you've indicated the approximate green urea? MR. O'CONNOR-Honestly 1 thought that that was what we would be involved with, with the Planning Bourd part of the site plan. They hove made the requirement that we show thirty percent. COUNCILMAN MONAHAN-Well I think, I personally um interested in this because I'm wondering, where it is and could this septic system go under it or anything like that. I don't feel I hove the right information here. MR. O'CONNOR-Port of the problem that we hove with the green space and placement of the present septic system is that this piece of property sits on the boundaries of a zone line. The front port of the property or the entire piece that is owned by the developer is zoned highway commercial which permits the use that we ore talking about. The parcel behind it is port of Courthouse Estates which is a residential zone. That calls for a fifty foot buffer zone around the property. We have tried to leave that without putting the septic system in, that fifty foot buffer zone does count in our green space. That pushes our septic system to the front of the site, the building pushes it to the buck of the site. I don't know if John, you con answer further on that. MR. BLANCHARD-Just so there is a clarification where the green space would be, its not very clear from this drawing but it pushes the edge of the parking lot along this line right here. (points to drawing) Its in that fashion, so all of this buck here is green space. COUNCILMAN MONTESI-What is this? MR. BLANCHARD-This is the detention pond and that is one thing thut we tried to do with this is correct some drainage problems that exist on the McCormick property to the south. Along with the detention pond there are set buck requirements on these seepage pits, in fact we can be no closer than a hundred feet to to them. So that is another limiting dimension. Also this other oreu that is used us open space or green space rather, again has set bock requirements as Mike hod indicated and need to be again separated from the storm sewer that we've got buck here by a minimum of thirty-five feet. What doesn't show here is that DEC also requires that we provide for fifty percent expansion of these facilities should that become necessary in the future, however unlikely it may be. We have that area dashed in here as well. So ultimately we need to be ut leust thirty five feet from that dash line and again this is picking up a lot of drainage from water table that is more than six acres ... so there is a slightly amount of off-site range us well us our own. We need to have adequate separation to those facilities and the retention pond down here. COUNCILMAN MONTESI-The pond is going to be lined or... —} MR. BLANCHARD-Actuolly we, this is going to be sund and rock bottom. The design of this or a certain portion of it is being recharged since ports ore so sandy...have an outlet, for the most port minor storms just percolate to the bottom of the pond. COUNCILMAN POTENZA-That mop does not show the fifty foot buffer. MR. BLANCHARD-It does. Again there are so muny different various lines here. This is the fifty foot buffer. 273 COUNCILMAN MONAHAN-Maybe that system where the system can be expanded into... MR. BLANCHARD-That would be the definer for what is inhere. (Tape not audible) MR. BLANCHARD-...As Mike has indicated we will actually be able to reduce the number of seepage pits that we have here...around 5 9,000 sq. ft. COUNCILMAN MONAHAN-You are bring us in a map to look at and actually the public hearing on the map that isn't going to be a true map, the true site plan...not only review the sizes the buildings and stuff.... MR. O'CONNOR-Okoy. The buildings itself is going to be reduced. I don't think Mrs. Monahan that this Board is looking at the site plan review. COUNCILMAN MONAHAN-....when these residences go in what effect will ...septic system...they hove water but not sewer.... MR. O'CONNOR-Let me explain a little bit of that if you will. The changes that we are talking about modifying this, is that we are taking the corners off of these buildings here and here to make the building four thousand feet less. We have not changed the layout of the septic system and do not propose to change that. What we are here for and actually I don't mean to knit pick but we are here to ask for a variance not for approval of the system. The system still has to be approved by Planning Board, we still have to get a speedes permit from DEC. That is the Board that will actually approve the system. Beyond that what we also have done is we hove purchased a strip of land, or entered into an agreement to purchase a strip of land, in one hundred feet in depth right here. We are working on putting together the agreement with the adjoining owner, Andrew McCormick and John McCormick. We have put in for a variance upplicution for the siting of the buildings down here. We showed our plans to Mr. McCormick. They own a construction ... to this area, they signed a written consent at that time. So what we now have done, is totally encompassed the property by limiting the impact off of our site. This is their construction ground, this area to that area, is not on area that is going to be built on for residents. That is going to be a no man's land if you will between +his and town road and I can show you on a subdivision map. On this area here we are going hove a no man's land of a hundred feet. Unless we sometime come back to the Board and �ik the Board to straighten out the property line. I don't know if I have... COUNCILMAN MONTESI-Mike con I ask you a question along with, you know, assuming we are the Board of Health, and that's only whut you are requesting ...what you just said, you ore asking for a variance. In order to grant a vurionce we have to look at the hardship that you ore asking for and say, is there any other alternative. Forgetting the fact that some of us on the Board might be concerned with over development of a parcel of land, forgetting the fact that we may or may not like it underneath the driveway or parking lot. But what is the hardship that this variance is bused on? MR. O'CONNOR-The topographical features of the map or the land, indicate that this is the place to put the septic system. The zone permits us to build something like sixty-eight thousand square feet of building. We have reduced our site plan to upproximately fifty-four thousand square feet of building. COUNCILMAN MONTESI-But if you were to reduce the size of the building, now I'm not asking you to, it isn't even my privy, but the hardship is that you con reduce the size of the building to whatever and not have the septic system under the parking lot. I mean that is the name of the game...the remark doesn't make me happy but... MR. O'CONNOR-It would be hard to do that because alot of this siting considerations that were mode. Maybe we should make a more indepth presentation today but we thought we were coming in here for is simply permission to put traffic ...on the septic system because was going to be under the parking lot and then we would go forward to the other Board. 1PERVISOR BORGOS-Lets stop for a moment at that point until we get it clear. Lets put our Town Attorney on the hot seat. Is there a limit beyond which this group con or can't go. May we take into consideration, I would think we could take into consideration alternative locations for the system. We are talking about letting it go where it normally wouldn't go. So we've got to be able to look at alternative locations. How much further can this Board legally go? ATTORNEY DUSEK-There busicolly is four criteria that this Board, in fact has to consider in order to grant a variance. One is for special circumstances and conditions ...Second one is that the variance would not materially detriment either the purpose of the septic ordinance or hurt the adjoining properties, which is another concern that you have all raised here. More 274 to the point, the ordinance also indicates that the Board should find that this is the minimal variance that will alleviate the particular problem these applicants hove. So when you soy alternatives I kind of think to myself that you are really referring to this is the minimum that is necessary. In other words you're looking at other alternatives that may be less of a variance required by this Board. The final area would be of course you con attach reasonable conditions to the variance that would be appropriate. So those would be essentially four areas of concern. SUPERVISOR BORGOS-I'm trying to condense everything if possible but now ruin unybodies rights here. May I ask our consultants, have you reviewed this process? MR. NA CE-Yes we hove Steve. We've had some comments for the Planning Board to take into consideration. One comment was the fact that they would need a variance for this particular issue. SUPERVISOR lJORGOS-What is your professional opinion reloted to the proposal? Is this the minimum variance that would be needed to accommodate for what they need and do you think its u reasonable... /V11R. NACE-1 can't speak, well I haven't looked at the alternatives to tell you its necessarily the minimum variance that would be required. From the engineering stand point I con tell you that this system that they are proposing will work and will probably be as far as the septic system design would be the minimum that 1 would recommend that you go with. The issues at hand ore because of the rapidly permeable soils contaminate the groundwater. The treatment...they propose will take that problem, deal with it. Our only concern there is the maintenance of that system. Any sewage treatment system will require some maintenance. This particular system is more or less out of sight out of mind. A requirement with a speede permit, there will be some reporting required, however as everybody knows it takes DEC quite a while to react to problems once they occur, ...top of this size of a system. So the Town may want to attach some sort of conditions that they also receive the copies of the speede's report. Reports that ore mojor...ond how the system is operating and how well the Town takes some action if the system is not maintained. SUPERVISOR BORGOS-Thank you. Dove did you hove any more comments before we go buck to Mr. O'Connor? MR. HA TIN-No. MR. O'CONNOR-Mrs. Monahan you asked me about impacts on adjoining parcels. I might show you a map, a subdivision map, I don't mean to slight the rest of you. (points out map to Board members) This is the property that we're talking about. This was owned by Jones, this is the Exit 20 Motel, and this is the Lake George Center. This property is the Mobile Gas Station which is ... on Route 9. This property here is the property that the McCormick's built their construction headquarters on if you will, where equipment is stored when it was zoned H-C 15. This is an old zone line. The new zone line follows the property configuration os opposed to where it run across the line. COUNCILMAN MONAHAN-Wait, ore you saying Mike that this now out here is a SFR 3? AIR. O'CONNOR-It is now except that they have a preexisting use there. COUNCILMAN MONAHAN-Yea, but if the time ever comes and they wont to build they have o perfect right to. MR. O'CONNOR-They would, yes. We hove a written consent that we hove filed with the Planning Board saying they have no objection to our plan and our use of the property. They being the owner of that particular piece there. I think they have a very long term range or long term plan for the construction on that, I think they're down to where they're building three to four a year and they've got a potential back there if they can make some access, of quite a length of time that they're going to be building there. 1 would presume that the McCormicks ore probably going to live there and keep his equipment there even of ter this site is fully used, because that would be their preexisting rights. Immediately behind the property and I've walked the property, is a good size hill very well treed. There is no impact back in this particular area here. These two lots ore shown on a subdivision map which is , not approved us of yet. He had fifteen lots approved some time ago, but sixteen and seventeen is not a fact. The agreement that we struck with the McCormicks is that we are going to buy the rear hundred feet of these lots and leave it us a buffer zone, so that there would be no impact on his site. See then does this section, will combine these two lands and hove one lot that will about sixty thousand square feet. There is forty-three thousand there, forty-four thousand there, a total of eighty-seven thousand and we're taking out about a third of that here. 275 SUPERVISOR BORGOS-When do you plan to do that, to acquire that other land? MR. O'CONNOR-We've reached the agreement today, we'll get it... SUPERVISOR BORGOS-That will be added to this other parcel? MR. O'CONNOR-No, it can't be added to the other parcel because it will still be the other zone. But it takes the impact of us out and away from his potential here. We're paying in consideration for it and he's in the market..., and he is happy with this. The fact that you really take a look at his site and these two units they're much more impacted by what is to the north of them then they are by what is here. Our building sits back John, from the property line to the building itself, what are we talking, the rear property line? MR. BLANCHARD-...I believe of one hundred fifty feet. This is the fifty foot holding line so we are about one hundred fifty feet buck. MR. O'CONNOR-We're buck quite a ways into our site. COUNCILMAN POTENZA-In addition to the land that you.... MR. O'CONNOR-Yes. SUPERVISOR BORGOS-Will you hove evidence or do you have evidence of that purchase there and are you going to put any deeded restrictions? hiR. O'CONNOR-We will have evidence of that to submit to the Planning Board as port of our site plan review. So if they have remaining concerns it will answer those concerns. SUPERVISOR BORGOS-You are willing to put deeded restrictions on that one hundred feet? So that ten years from now, you can't build a house or some other. MR. O'CONNOR-They won't have any access. COUNCILMAN POTENZA-...1 thought it was for retail space? SUPERVISOR BORGOS-They would not be able to because of the zone, I'm just concerned, we're mitigating that now ... COUNCILMAN MONA IIA N-They'll get a variance for that or they move the septic system over there and get u variance for that. AIR. O'CONNOR-When we were before the Planning Board or Zoning Board of Appeals, we asked if they had any, what their concerns would be along this line. They said if the people who own this particular, if they own the balance of it, we are not concerned, they thought they were protected by impact. Its a very well treed site. I don't know what the age of it is, but there is probably thirty and forty foot trees back in that site. They did not get overly concerned. From the developers point of view, its not our intention to, once this foot print is set, the site plan is set, and such an application that you ore going to go through, we ore not going to come back and change something. We ore also, once we build, are going to be kind of set in concrete. There aren't many other options. You take the total square footage of the site, you are talking, us I said, some place in the nature of sixty-eight thousand square feet of building. But it will accommodate your parking, it will accommodate your greenspace and you try to accommodate a working septic system, you do minimize it. This is the reasonable return from that particular site. Part of the building siting process used, was that we have on existing building, this building right here already exists. (turn tape) What we are trying to do is move it back with some type of idea of having the some set back. We have on eighty foot set buck from this particular ...highway. We are going to hove on eighty feet set back here. The existing restaurant building that is on the site has a set back of 1 believe of twenty-six feet. Port of the building is eighteen fifteen. The main port of the building is twenty something. But we haven't approve it from the set back. We have set up a traffic flow pattern so that we con have a good level space of parking on this level, and we'll have our handicap parking -- up here. When you get into the sizes of the parking stalls, and the traffic way that you need through the stalls, it pretty much dictates the separation between this building and that building, if you are going to have any decent landscaping or presentation of your plan. We've gone to the Beautification Committee and they were happy with what we submitted to them. So the configurations are pretty well there. The, I'm not sure how John will term the change in elevation of thirty feet from the front to the buck. The fill consideration even with this configuration are a mess. There is going to be a great deal of fill that is going to be brought on to the site. To try and change that configuration would be economically almost impossible. If you take a look ut this building, the main part of the building in the middle is back from the highway, I think like a hundred and fifty feet or further. We had all this together last month and I haven't really reviewed since then. That is kind of like, if you look back at the 276 Doyle building down at the corner of' Quoker and Buy, it doesn't look like an immense building when you really look at it, it looks like two separate buildings. That was the visually impact that we were trying to acquire for this particular building. Probably the system is well over designed for the actual use. You design the septic system for retail based upon square footage. But you end up with maybe eight or ten stores in there, with eight or ten toilets, and you've got a system which is bigger than you would build for maybe fifteen, thirty homes. I'm guessing that, but its amazing what the requirement is for the system as for as actual use or purpose use. 1 don't know what the percentage of failure is of commercial as opposed to residential but they ore so over built. That is the siting conditions, that is why we ore asking for the variance to allow us to put it in the area for the parking. COUNCILMAN MONA HA N-Mike, what effect is this going to have when the sewer, I mean septic system, one day when sewers go down that road, tying into the sewers when they come? MR. O'CONNOR-As I understand it, how the sewer districts are developed and the way in which they are imposed, is that it is your obligation os u land owner to hook up to the system when it becomes available. I think it is also u requirement in the speedes permit. I think that is a contigent that DEC puts on any speedes permit that they issue, that when municipal sewer becomes available, you will hook up. So maybe at that point they've got to do some individual gravity pumps, maybe they've got to redesign the system. It might be cheaper to not to go to gravity pumps, it might be cheaper just to go directly out the front of the building. That is the developer's obligation at the time that sewers do become available. 1 don't think you would design it differently Mrs. Monahan in the anticipation of sewers for the way it is presently designed. SUPERVISOR BORGOS-Any other questions from the Board at this moment, or any member of the public? I'm getting a sense of the feeling of the Board here, and there ore a couple of questions that still remain out there, I think, and perhaps maybe there is some amount of thinking that wants to be done. Is the Board in a position to want to vote for this or would we like some more time to consider this? What do you think? COUNCILMAN MONAHAN-Well frankly Steve, I'd like to see the plans where the buildings are going to be the way they ore in with the ... SUPERVISOR BOR GOS-That is a concern that I shore with you. COUNCILMAN MONAHAN-And I would like to see the green areas inked in, in green, so that I'm getting more of a visual type of what the impact of this is going to be, to be honest with you. COUNCILMAN MONTESI-Actuolly Alike if you hove negotiated the land in the back, the hundred feet, and that is going to be your buffer zone, you hove to redo this map in order to make the building smaller, all you have to do is move the septic pits into the existing fifty foot buffer zone, you have a hundred feet behind it and you don't need a variance. MR. O'CONNOR-1 don't think that they'd fit in there and also I don't want to get into the legal issue of using the zoning buffer zone as on alternative to what is going to be an actual, practical buffer zone. We are then going to hove a buffer zone outside of a zone and that creates some legal problems... COUNCILMAN MONAHAN-Dave or Lee do you think, or he can't get the buffer on either port of either zone? MR. HA TIN-1 believe the buffer zone has to remain undisturbed and natural by the definition of the zoning ordinance. COUNCILMAN MONAHAN-Yes, but what 1 um saying is, could the buffer zone, if they're going to buy this hundred feet even though its a residential zone but they own, could they make that u forever buffer zone that is never going to be touched by agreement and still qualify for the buffer zone. MR. HA TIN-Then you are looking at putting the emphasis on the applicant and not the zoning. COUNCILMAN POTENZA-No Betty because then we would really be setting a precedence there. I don't think that is, I will not vote for that. MR. O'CONNOR-That is not within the concept to the way our ordinance is written. We con come buck to you if you want with more information. I think you've now had your public hearing and we con just get onto another agenda at your convenience. I don't have the exact figures. When the engineering calculations were done before we had come up with seventy-one thousand, one hundred seven square feet of green space. Mr. Noce's firm come up with a little bit less than that because that would be thirty point eight percent and they come up 277 with twenty-eight... MR. NACE-Almost twenty-nine percent. MR. O'CONNOR-Twenty-nine percent. With the dimension of the site that we have that might even be the width of a marking pen if you go all the way around it. SUPERVISOR BORGOS-Let me ask our Town Attorney a question. It has just been said by Mr. O'Connor that we've held our public hearing, he would be willing to come back at some er point with some more information. My concern is, if we come back with something ferent, do we then need another public hearing. ATTORNEY DUSEK-If it is substantially different, I guess the answer to that would have to be yes. it depends on what type of changes you mode. SUPERVISOR BORGOS-if for instance they were to portray the building on a smaller size us was mentioned tonight, and portray the newly acquired land as being sitting there even though it is not technically a buffer, would that be substantial enough to require another public hearing? ATTORNEY DUSEK-If you are reducing it in size, normally I don't hove a problem legally with that. It is where you ore going to increase something or seriously change it, that I have u problem because then the argument is of course that the people surrounding the area, or the people who got notice of this public hearing, would not know that. But if you generally leave something out or reduce, I think you can conceivably do without a public hearing. But here again I would like to see the exact set of facts that will come before the Board. MR. O'CONNOR-Mr. Borgos though, I think the subject of your hearing is the septic system, and we do not propose to change the septic system when we come bock. We will just give you more and straighter information to show you the balance of the property, which is really part of the site plan. SUPERVISOR BORGOS-Right. But the concern of the Board is, being able to look at something that really, truly represents what's going to be there...if you are saying is what there is not rat's going to be there. _'?. O'CONNOR-1 con represent to you that that septic system as shown on this... SUPERVISOR BORGOS-The septic system will be but the buildings and so forth. I see one other hand out here, Mr. Kenny, would you introduce yourself to the microphone please. MR. DAVE KENNY-1 own the property to the north of this. One thing... in the negotiation of buying one hundred feet, i have property in the area, I was hoping they would come before the Board and have that hundred foot rezoned as commercial to follow their property line, that would do away with anything. If you look on the map that you have there, there is a dog leg in there, and to make that as easy, if they could just straighten their line out, of what they own, to make that commercial, it would do away with those problems. SUPERVISOR BORGOS-That is on interesting comment, perhaps that proposal will come buck. MR. KENNY-If you look at the property, the north back that for is commercial, this outlet is commercial. SUPERVISOR BORGOS-If you follow the line you'd actually be cutting way into the residential portion of the McCormick line. MR. O'CONNOR-Except its port of the conditions of the purchase of that deed allow it to -main residential in nature, we can use it for grading only. We con not construct anything it. They wont to hove that as a buffer to their two hundred feet that sits in front of that, )at is why they, in port, giving it up. They want to protect themselves so that our site is y_Fnot much less visible from their potential building site. COUNCILMAN MONAHAN-Is part of the deed going to be a condition, forever on, into eternity, nothing will be permitted to be built on that hundred feet? MR. O'CONNOR-Yes. COUNCILMAN MONAHAN-You will have that information so that we can see it, so thut we con know the impact. In other words I'm looking at impact on adjoining zones, with this septic system where it is. As for as I'm looking at it right now, I'm going to consider the residential zone is right here, because 1 have no evidence to the contrary and that is how 278 I um looking at it, until I see something to the contrary and see the conditions that are going to put on it. SUPERVISOR BORGOS-You would like to bring something in? MR. O'CONNOR-Yes, I hove no objection to that. SUPERVISOR BORGOS-Do I get the feeling of wonting to table this perhaps for action at a later dote, with the additional information. COUNCILMAN MONAHAN-Yes, I would like to have that additional information and a map that shows the green area, so that we con look for that impact to see if there is any place that doesn't look like it con be, looking at this, where this could go under... SUPERVISOR BORGOS-That will provide us with a little bit tighter view of that as well as get the other information. Anything else you feel compelled to say at this moment? j 4 MR. O'CONNOR-The only other thing 1'd like to soy in general, maybe just some background, the traffic studies that were done for this project, eliminating the forty unit motel, eliminating the restaurant ...eliminating the manager's apartment, there were two manager's apartments that were there, it ends up a total impact at peak hour of six trips different, a six trip increase. Because you've already got the use there as opposed to what you ore going to presently put there. I think people have a misconception. The retail building on the plaza site alone, is now approved for thirty-eight thousand square feet. We're talking about fifty-nine thousand, immediately reduced to fifty-five thousand. You ore not talking really that substantial increases square footage, you are talking about a recycling of the existing building. i leave that as just a lust seed for thought. It hus that problem as to what, traffic impact it has even though that again is port of the site plan review. COUNCILMAN MONAHAN-Mike 1111 tell you frankly what is in the buck of my mind, and I om not going to name these businesses, but I think we've all been very aware of them, i con think of three places in Town, the septic systems, where us Mr. Noce said, who is going to mind the store and make sure that they don't misfunction, that we've called people out at midnight, two o'clock in the morning because of smells and odors from the neighbors. This is why I'm having a problem with this, I'll tell you very honestly, with this kind of soil. MR. O'CONNOR-1 think you hove a much improved septic ordinance now then maybe you had at hand when those particular installations were installed. You hove a much more active Building Department, you're inspections system is completely different then... COUNCILMAN MONAHAN-Thut may be true, its because of the soil there that the problems exists. No matter, I don't core if the Building Department is over there every hour, its not going to stop the problem. MR. O'CONNOR-Okay Betty. I have to believe this because my consultants tell me that engineering wise that it is correct, the some that you hove to believe that Mr. Noce, or at least respect their opinion, will the system work if it is built as designed and then your inspection system has to say that it is built that way before it con be operated. COUNCILMAN MONAHAN-This is why 1 am saying..., I am very concerned with the impact on the adjoining zones, and this is what i think we need to do a little more study on. MR. O'CONNOR-1 hove no problem. COUNCILMAN POTENZA-1 move to table. PUBLIC HEARING CLOSED RESOLUTION TO TABLE APPLICATION FOR SEPTIC VARIANCE -SHALLIT RESOLUTION NO. 13, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. RESOL VED, that the Queensbury Board of Health hereby tables the application for a septic voriunce in the name of Shollit, until further input is received. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 279 Absent: Mr. Kurosako RESOL UTION TO ADJOURN THE QUEENSBUR Y BOARD OF HEAL TH AND ENTER REGULAR SESSION RESOLUTION NO. 14, introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monohon. RESOL VED, that the Queensbury Board of Health hereby adjourn and enter regular session of the Queensbury Town Board. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monohon, Mr. Burgos Nees: None Absent: Mr. Kurosoko QUEENSB UR Y TOWN BOARD PUBLIC HEARING -PROPOSED LOCAL LAW- AMENDED SEWER RENT LAW 8:25 P.M. NOTICE SHOWN SUPERVISOR BORGOS-is there anyone here that wishes to speak about the proposed amendments to the local sewer rent low, the impact on the Central Queensbury Quaker Road Sewer District? MR. JOHN BUR CH-1'm one of the property owners that was defined us one of the properties that is not feasible to allow the sewer service to... SUPERVISOR BORGOS-Would you pull the mike up u little bit closer just so that we can get you on tape, please? Thank you. MR. BUR C/1-1 own property not feasible to serve. The only question I have is concerning the 1988 rents that have been paid. i've talked to a couple of people. It appears to me anyways, -- the easiest way to resolve this, would be in section 5 on page 4, just to change the year from 1989 to 1988. The question that I have is, I knew it from the day of, in the sewers, that it would not be feasible to serve me. I talked with Mr. Kestner the engineer, and he agreed readily, only not feasible financially. I would really like to be, have my, the taxes that I've already paid for, porticulurly 1988. SUPERVISOR BORGOS-We'll check with our Town Attorney. is what Mr. Burch is talking about possible, would this normally happen? ATTORNEY DUSEK-No, this is what has caused some of my problems. It is not that easy. The reason for it is the sewer rent low was first put into effect in 1989 for the 1989 tax year. We were under u different set of rules for 1988 and that is what is causing the problem. if I could do it that easily, i would certainly agree to that. But unfortunately... SUPERVISOR BORGOS-So we had one system lost year, another one this year, and probably another one next year? ATTORNEY DUSEK-Right. COUNCILMAN MONTESI-Probably of all the exemptions being made here the most unique is Mr. Burch. His parcel of land happens to sit on the other side of the brook on Cronin Road. When the sewer district was first, and this predates anybody on the Board presently, when the sewer district was first designed, they jumped over the brook to your house. Why, god knows. At some time along the way, the engineers, the some engineers said they weren't going to serve you, but you were in the district. i remember talking to you initially when you first hod some concerns about it, I wasn't even on Board then, but it certainly would seem fair to change that to 88, but I know that Paul has some tough times dealing with this, trying to get these exemptions. I'm not sure that all of the exemptions that have been requested by people that are in here, we still have some more to review. That review process may get us into 1990 and then we'll hove a problem with those people that are question murk, there ore some on Ridge Road. SUPERVISOR BORGOS-Let me ask our Attorney. If it doesn't appear possible at the moment, I know we've got a lot more discussions to go yet on this rent law, if we uncover u mechanism for doing what is requested, we can bring this to the attention of the individuals involved? 280 ATTORNEY DUSEK-Oh sure. SUPERVISOR BORGOS-If, as we go through the research, and there is clot of research to be done. ATTORNEY DUSEK-Just so the Board knows, you'll never hove this problem again, for 89 anyway, because we always have the power to amend the sewer rent law. Soy for the sake of argument, the sewer rent law, continued in 7990 and then we found a parcel in 90 that we wanted to take out, we could easily do the fact what Mr. Burch hus suggested. Just simply soy, the rebate will go back to 89 because we under the sewer rent low. The problem is we i are under a different set of rules for lost year, so that is what is giving me the difficulty. SUPERVISOR BORGOS-1 think the feeling of the group is that we'd like to do it. We may not he able to do it. MR. B UR CH-Thank you. SUPERVISOR BORGOS-Thank you. Anyone else who wishes to speak about the proposed changes of the sewer rent low? Does anyone on the Board want to speak about the proposed changes or are ready to go into resolution, which is prepared. PUBLIC HEARING CLOSED j RESOLUTION TO ENACT LOCAL LAW NUMBER 4, 1989, REGARDING AMENDED SEWER j RENT LAW RESOLUTION NO. 254, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the Sewer Rent Local Low previously adopted by the Town Board on January 17, 1989, by resolution no. 50, 1989, and further amended and adopted by the Town Board on March 7, 1989, by resolution no. 147, 1989, by renumbering the Articles and Sections of the proposed Sewer Rent Law, adding additional properties against which sewer rents shall not accrue, (Article IV, Section 3), creating u new Article IV, Section 5, stating those properties against which sewer rents shall not accrue for the 1989 rent year and thereafter, as it is not feasible to provide sewer y service to those ro erties ut this time, and adding additional language regarding late bills P P (Article V, Section 4), and WHEREAS, a copy of the proposed, amended Sewer Rent Low with the aforementioned amendments and all original provisions has been presented at this meeting, and WHEREAS, on May 9, 1989, a public hearing with regard to the proposed amended Sewer Rent Local Low was duly conducted, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby enacts the proposed, umended Sewer Rent Law, to be known as Local Law Number 4 of 7989, which will include said new provisions, with the remaining provisions of said Sewer Rent Local Law remaining unchanged, and the some as presently set forth, and BE IT FURTHER RESOLVED, that the Town Clerk for the Town of Queensbury is hereby directed to file the said Local Low with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Duly adopted this 9th day of Mary, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku L OCAL L A W N UMBER 4, 1989 A LOCAL LAW AMENDING LOCAL LAW NUMBER 2 OF 1989 ENACTED IMPOSING SEWER RENTS FOR THE QUEENSBURY/QUAKER ROAD SEWER DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK ENACTED PURSUANT TO ARTICLE 14 (F) OF THE 281 GENERAL MUNICIPAL LAW AND MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK ARTICLE I STATEMENT OF POLICY Section 1. In order to pay costs within the Central Queensbury/Quaker Rood Sewer District including (1) all costs for the operation, maintenance, repair of the sewer system hereinafter defined, and all other costs including sums puid to the City of Glens Falls or others for sewage `-eutment; (2) the interest on the amortizotion of, or payment of indebtedness which has en or shall be incurred for the construction of said sewer system or part or parts thereof, °r the purchase and/or construction of sewage treatment and disposal works with necessary uppurtenonces, including pumping stations, or for the cost of extension, enlargement, replacement of, or odditions to such sewer system or part or parts thereof, in that order, and to insure the proper operation, maintenance and repair of said sewer system. There is hereby established u Sewer Rent Law pursuant to Article 14(1-) of the General Municipal Law and the Municipal Home Rule Law of the State of New York. ARTICLE It DEFINITIONS As used in this local low, the following terms shall mean and include: Section 1. The terms, "sewer rents" shull mean as established by the Town Board of the Town of Queensbury within the Central Queensbury/Quaker Road Sewer District. Section 2. The term "sewer system" shall mean the sewer system owned and operated by the Central Queensbury/Quaker Road Sewer District and shall include all sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment and/or disposal of sewage, industrial wastes and other wastes, and which are owned, operated or maintained by the Central Queensbury/Quaker Rood Sewer District, including pumping stations and sewage treatment and disposal works and all extensions, additions and improvements, which muy be made to such system. Section 3. The term, "port", shall include all lateral sewers or all branch sewers or all iterceptor sewers or all trunk sewers and sewage treatment and disposal works and each .....mart with necessary appurtenance, including sewuge pumping stations. Section 4. (a) The term, "sewage" shall include the water-carried human waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water us may be present. The admixture with sewage as above defined of industrial waste or other waste as hereafter defined, also shall be considered, "sewage" within the meaning of this ordinance. (b) The term, "industrial wastes", shall include any liquid, gaseous, solid or other wuste substance or o combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources. (c) The terms, 'other wastes" sholl include garbage, refuse, docoyed wood, sawdust, shavings, Burk, sond, lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals, and other discarded matter not sewage or industrial waste. (d) Provided, however, that none of the foregoing uses of the sewer system for the items as defined may be made unless in conformity with the Town of Queensbury Sewer Use Ordinunce and all other applicable rules and regulations of the Town of Queensbury, County of Warren and State of New York. Section 5. Residential property shall include a building, structure or land use designed rind occupied exclusively as a human dwelling and upon in which no commercial activity or ?usiness use is maintained, unless such activity or use is in compliance with the Town of Queensbury Yoning ordinance as a home occupation. Section 6. Non-Residential property sholl include a building, structure or land use designed and occupied for any commercial activity or business use. ARTICLE 111 L OCAL L A W N UMBER 2, 1989 SUPER CEDED Section 1. This locus law shall supercede, umend and repeal local low number 2, 1989 entitled: "A Local Law Amending Local Law Number 1 of 1989 Enacted Imposing Sewer Rents for the Queensbury/Quaker Road Sewer, District in the Town of Queensbury, County of Warren, New York enacted pursuant to Article 14 (F) of the General Municipal Low and Municipal 282 Home Rule Low of the State of New York." ARTICLE IV SEWER RENTS Section 1. There is hereby established and imposed a scale of "sewer rents" for services rendered by the sewer system to the real property within the limits of the Central Queensbury/Quaker Rood Sewer District. Charges pursuant to Article 1, Section 1, Subdivision 1 hereof: A. For residential properties $50.00 annually for each residential unit, plus $2. 78 per thousand gallons of water metered to such premises in excess of 75,000 gallons per year. B. For non-residential properties .$2. 18 per thousand gallons for water metered to such premises. Charges pursuant to Article 1, Section 1, Subdivision 2. A. For residential properties $1.54 per thousand dollars of assessed valuation, plus $227.08 per acre of land occupied by said unit on a prorated basis, plus $50.00 per residential unit for the first 75,000 gallons of water consumed on said premises and $2.53 per thousand gallons in excess of 75,000 gallons, except that in those instances in which a vacant parcel in excess of five (5) acres lies in a vacant wetlands area as designated under the Environmental Conservation Low, where the total acreage of the parcel for purposes of calculating the Sewer Rent due shall be reduced by the number of acres in the designated wetland. B. For non-residential properties $1.54 per thousand dollars of assessed valuation, plus $227.08 per acre for each acre of fund occupied by said unit on a prorated basis, plus $2.53 per thousand gallons of water consumed on said premises. .Section 2. For treatment of industrial wastes or other wastes as defined herein if any additional treatment is required because of undue concentration of solids or any other substances which add to the operating costs, the Town Board is authorized to fix and determine such additional sewer rent charges therefore, as shall be equitable, in addition to the sewer rents set forth in the proceding paragraphs. Section 3. Sewer rents shall begin to accrue as of Jonoury 1, 1989 for use of ter that dote and shall be billed as follows: (a) Annual charges for residential properties of $50.00 per residential unit and annual charges of $1.54 per thousand dollars of assessed valuations for residential and nonresidential properties and $227.08 per acre of land occupied, shall be billed in advance in the month of January of each year. (b) Charges based on water meter readings shall be billed quarter annually in advance on February 7, May 1, August 1 and November 1 of each calendar year based upon the water meter reading for the most recent preceding quarter calendar year. Section 4. Sewer Rents shall no accrue against properties within the Central Queensbury/Quaker Road Sewer District which are serviced by the Sanitary Sewer Facilities of the City of Glens Falls and continue to be so served. The Town Board shall annually at its first meeting in the month of January of each year determine properties which are so served and are determined at the present time to be: Property Address Tax Map No. 6 Fort Amherst Rood 706-4-17 10 Fort Amherst Road 106-4-15 12 Fort Amherst Road 106-4-14 14 Fort Amherst Rood 106-4-13 76 Fort Amherst Road 106-4-12 18 Fort Amherst Rood 706-4-17 4 Patton Drive 108-1-18 9 Patton Drive 108-1-19 23 Mountain View 708-1-24.2 319 Ridge Road 108-3-17 49 il4cArthur Drive 107-1-13 55 McArthur Drive 107-7-14 283 ! 57 McArthur Drive 107-1-15 61 McArthur Drive 107-1-16 60 McArthur Drive 107-1-17 230 Boy Rood 106-5-45 3 Patton Drive 108-1-16 Windy Hill 109-3-16 Section 5. Sewer Rents shall not accrue for the 1989 rent year and thereafter against properties within the Central O_ueensbury/Quoker Rood Sewer District for which it has been 'ermined that it is not feasible to provide sewer service at this time. Those properties determined to be as follows: Property Address Tax Mop No. 59 Meodowbrook 59-3-5. 1 59 Meudowbrook 59-3-6 22 Meadow Drive 58-2-4 22 Meadow Drive 58-2-5.3 Cronin Rood 46-2-20. 1 ARTICLE V ADMINISTRATION Section 1. All sewer rents shall be due and payable at the Office of the Town Tax Collector. Section 2. Bills will be sent out to all property owners by the Town Tax Collector and the failure of any property owner to receive a bill promptly shall not excuse nonpayment of the some, and in the event the property owner foils to receive a bill promptly, he shall demand the some at the Town Tax Collector's Office. Section 3. Terms of payment: Bills will be rendered at the net amount and will be due on the last business day of the calendar month when rendered. Section 4. If bills are not paid within one (1) month from the dote due, a penalty of five 7o) percent will be added to the some and if unpaid thereafter, a penalty of one (1%) percent �r month will be added until the amount shall have been paid or until the sewer rent is levied -m accordance with Section 6 hereof, provided however, that in the event the bill rendered is in the incorrect amount, the bill shall be deemed rendered at the time of correction for purposes of this section and section 3. Section 5. Sewer use rents shall constitute a lien upon the real property served by the sewer system or such port or parts thereof for which sewer rents are hereby established. The lien shall be prior to and superior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. Section 6. The Town Tax Collector shall annually on or before the 1st day of July, certify the amounts of oil unpaid sewer rents including penalties, computed to the first day of June with a description of the real property affected thereby and shall present such certificate to the Town Board which shall enter the some or an abstract thereof in the minutes of the meeting. The Town Board shall levy such amounts against the real property liable therefor as port of the annual Town tax levy, setting forth such amounts in separate columns in the annual tax roll. The sewer rent fund shall be credited with the amount of all such unpaid sewer rents, including penalties, and such amounts, when collected, shall be credited to the general fund. The amounts so levied shall be collected and enforced in the some manner and at the some time as other Town charges. ARTICLE VI EFFECTIVE DATE Section 1. This local low shall take effect immediately. OPEN FORUM 8:30 P.M. STAN RYMKEWICZ-1 live ut 141 Queensbury Avenue, Queensbury. I'd like to present to the Board a petition of thirty names of residents that own property on Queensbury Avenue. It is o petition for u change of zone for Aoron Corporation, which is north and east of me. SUPERVISOR BORGOS-Noted that it is on application that is presently pending before the Town Board. 284 MR. R YMKEWICZ-(presented petition to Town Clerk Dougher) After hearing comments about u fifty foot buffer zone, which I believe he needs for u change of zone from residential to industrial, they've been demolished over the last two weeks by u bulldozer. There exists the possibilities of a junk yard. I hove pictures showing cars, trucks, and dumping of cement which occurs all during the day. SUPERVISOR BORGOS-We visited that site us u full Board just o couple of weeks ago. MR. R YMKEWICZ-Concerned with the illegal dumping of trees going on in the mornings which is immediately covered up. (presented pictures to the Town Board) SUPERVISOR BORGOS-Questioned if they could keep the pictures for the record. i MR. RYMKEWICZ-Yes. COUNCILMAN Al ON I F'S1-I lie application before the Town Board by Mr. Chartrornd are for two parcels. One being of 13 acres, that is presently zoned Light Industrial 3 acres. He asking for Light Industrial 1 acres. The property adjacent to Mr. Rymkewicz is zoned single family residential, which he is requesting to be zoned us Light Industrial 1 acre. Speaking with Mr. Churtrond, he told me he was just getting the top soil off. Noted that as it is presently zoned, other than the clear cutting, he rightfully can go up to your property line. He has an application pending for Light Industrial, which means that he must maintain a fifty foot buffer, and it has to be treed, which he has just cleared so that there ore no trees on the north side and he has gone half way up on the east side. Concerned also with the cement that is being dropped off at this site. I don't know what constitutes a structure but there is about eighty or ninety feet of foundation cement. There is also a lean-to or pole burn that exists that was not there before. 1 would like to hove Dave Hatin, Director of Building and Codes to check into this. I believe the overriding concern of the neighbors is the fact that Mr. Churtrund hod a successful business in North Adams, Massachusetts, a junkyard and recycling of construction equipment. Noted that Mr. Churtrand did make a presentation to the Planning Board and Zoning Board of Appeals prior to this rezoning request, for a used equipment sales. 1 feel also that we should take u very hard, long look at this rezoning request. Make note of all the blocktopping that is being done on the lower parcel across from the Airport, and of the cement retaining wall adjacent to the stream that comes out of the Quaker Ridge property. DR. FRENCH-Noted that Mr. Chortrond presently is bulldozing about fifty to hundred feet from the Queensbury Water Tower. V MR. HA TIN-I'm not aware of this particular problem but I am aware of a problem with distinguishing where the Town and County lines exist. If any of the neighbors hove knowledge of that it would be very helpful to me. COUNCILMAN MONA HA N-Questioned the existence of u stump dump. COUNCILMAN MONTESI-It really is a stump dump in there. MR. HA TIN-Is it in the Town of Kingsbury or Queensbury? COUNCILMAN MONTESI-In Queensbury. COUNCILMAN MONAHAN-DEC has out outlawed them all over. { SUPERVISOR BORGOS-All of the stump dumps in this region have been closed. MR. HATIN-i need to know where that line fulls exactly. SUPERVISOR BORGOS-Do you hove some time tomorrow? MR. HATIN-Yes. 1'll send someone over there in the morning. ATTORNEY DUSEK-Suggested to the Board that Leon Steves would have access to the legislation i that originally set the Town boundaries. If Dove contacted him, he might be able to identify _ according to the mop and where those boundaries ore. There may be a fee involved, but I know he would know that information. MR. HA TIN-Firstly I would like to see what is involved at the site. COUNCILMAN MONTESI-My biggest concerti is the house with the pole burn. MR. RYMKEWICZ-The house has been changed from a single to a double, two apartments are i.n there now. WSJ MRS. PAT FRENCH-We are neighbors of this property also. Questioned rules and guide lines as for as how much of your property you can pave in a residential urea? He adds to it everyday. SUPERVISOR BORGOS-We will have the Building Department investigate this further as soon as possible. MRS. BARBARA POLLOZZI-i live on Ridge Road. My question is whether you will be amending the sewer rent law in the future with respects to the fee per acre? SUPERVISOR BORGOS-How large a parcel do you own? IRS. POLLOZZI-Two acres. SUPERVISOR BORGOS-Are you south or north of Quaker Road. /FIRS. 1'01.LOZ7I-Smith of maker. SUPERVISOR BORGOS-We followed on engineers recommended fee structure which hod gone to the State Comptroller's Office for approval. MRS. POLL OZZI-I understand that. SUPERVISOR BORGOS-We are investigating it, because there are a number of concerns, about a number of people trying to make the whole thing more equitable. AIRS. POLLOZZI-Also the sewer line only services five feet infront and I have ninety-four feet of frontage. Do you think there is any potential, for tux relief? SUPERVISOR BURGOS-1 think there is some potential. COUNCILMAN MONAHAN-I've stated my position before. 1 think it is ludicrous when we have u Master Plan, if we ever adopt it, that says that we want open spaces in this Town, our zoning is based on that, and yet when we set up our sewer rent we penalize the people who ore keeping the open space for us. I definitely think we need to investigate. UPERVISOR BORGOS-We're trying to be fair. MR. GLENN GREENO-1 Jive on Luzerne Road. 1 own A Ameri-Can Rentuls. I'm here on behalf of u customer near Luke George. i've just become aware of a local law number 2, pussed in 1987, regarding the limitation on the use of a portable toilet. Questioned why the law was formed. I am addressing tonight the marina owners who use on a seasonal basis, portable toilets to provide extra facilities for the boaters. On one hand these people have the Luke George Park Commission requiring 24 hour facilities for boaters and if they do that they leave them selves open to vandalism and a lot of problems that are easily and responsibly address with portable sanitation. For the Luke George Basin for a portable toilet is one of the most environmentally sound things that can be done, it eliminates 100% of the waste water entering the busin...up to a 1000 gallons per weeks eliminated in the Luke George Basin if you have five units you can figure up to 5000 gallons. Suggested that the Board review this and look at the problem, and review it with such organizations as the Portable Sanitation Assoc....right now there is an enforcement action being taken against these people, I would like to see that put in aboyonce temporarily while this is being reconsidered. Councilman Montesi-Reviewed the process of variances for holding tanks for marina's...noted that holding tanks are a questionable option according to our ordinance. Noted that Dave Hutin has to enforce the laws at present...we are trying to re-address portable systems on a seasonal basis specifically on marina's... Supervisor Borgos-Recommended that they ulso consider the requirement of portable facilities for construction sites... councilman Monuhun-Noted that what we found happening was the temporury use was being I .rsed instead of permanent facilities... SUPERVISOR BORGOS-Referred to a resolution indicating that portables should be allowed at least for this season or any season, provided that the some has applied for a permanent facility. I think the Board feels we are not in favor of long term many season use of portables. Was that a formal resolution? ATTORNEY DUSEK-We received a sample ordinance from our code publishing company which does not uddress the issue so right now we are working on drafting something ourselves. Hopefully we'll have a proposal for the Board shortly. IIENRY RIME-h1y name is Henry Ilime, 1 own the Custowoy Marina on Luke George. I didn't 286 know about this ordinance until last week when Dove Hotin came to my place and told me. I'd like to note that I feel a port-a-john is almost o necessity at the marina right now and they ore much more sanitary. COUNCILMAN MONAHAN-You stated that he comes once a week, what are the conditions during the week? MR. HIME-The only extensive use it gets is on Saturday and Sunday. Its very good, it has u chemical use, so there is no foul odor. I had no complaints last year and I would like to note that its used only four months of the year. I would like to see something done so that we are permitted to use them for the season. SUPERVISOR BORGOS-We will continue to study. — PAUL NA YL OR, Superintendent of Highway-Noted that we will be sweeping the roads for a second time. PLiNEY TUCKER-Word 4, Queensbury. Referred to removal of top soil at the West Side Auto Ports business by Pro-Croft. Concerned with what may be in the soil and suggested that it be tested. SUPERVISOR BORGOS-Questioned Attorney whether the Town has a right to go into private property and do this type of testing and who does the testing, who pays for it? ATTORNEY DUSF_K-First consideration would be what do we have reason to believe is there. With it being on private property, you have to consider their rights. SUPERVISOR BORGOS-Un less it is being sold perhaps, then may be would have some rights. COUNCILMAN MONAHAN-You hove to consider that this is being put on somebodies yard and there is the possibility of contaminated heavy metals present. I believe there is something that does not allow building to be permitted on areas that have been junk yards because it is considered a health hazard. MR. HA TIN-1 rode through the junk yard, the top soil is stock piled between rows of cars. They are separating it out, there is plot of tree roots, where it is going I don't know. I saw no problem with the operation as it sits. If West Side wants to hove Pro-Craft come in, separate it and haul it out, I think they hove that right. If you want to test it, I think we have t0 find out where the authority comes from. ATTORNEY DUSEK-We can investigate this further and see what options the Town may have. COUNCILMAN MONAHAN-Moy be we should get the Health Department involved. MR. TUCKER-Questioned the reason for locking the fence of the fields at West Glens Fulls Volunteer Fire Department? COUNCILMAN MONTESI-Their insurance company advised them that this is what they have to do, if you want to use the field you hove to sign a waiver, waving all rights to injury. Noted they are a private corporation. SUPERVISOR BORGOS-1 understand the reasoning as for as the liability goes. Suggested that a neighbors get together and talk with the fire company, maybe something can be worked out. MR. TUCKER-1 at one time sow two, seven, eight year old boys climbing over the top of the fence and I'm concerned with some kid getting hurt, and the Town being left liable. Are they caring the type of insurance to protect ... SUPERVISOR BORGOS--Related to fire fighting activities. We are not concerned with what they curry us for as their recreation, bingo halls, we ore concerned with what they are carrying related to fire activities and that insurance is in place and yes we hove the certificates for — that. MR. TUCKER-Do we hove a million dollar surplus? Surplus in what way, explain it to me. SUPERVISOR BORGOS-1 think its good news. Unexpended funds. We started lost year with a certain on7ount of surplus, unappropriated reserve, during the year we took in some money and we spent some money. We ended up taking u little bit more than what we anticipated, ive spent a little less than what we onticiputed. The net was actually on addition to the surplus fund that we started. Hopefully we will see some stubilizing of taxes in the next year. 28'7 MR. TUCKER-What kind of u deal did you give the basketball tournament? SUPERVISOR BORGOS-1 met with them, I asked them what seem to be the problem and they discussed some of their concerns. I asked for on opportunity to see what we could do to convince them to stay here and they gave us one month to come up with a proposal. On Saturday we spoke and mode a presentation, Binghompton also mode a presentation and Utica too. The only role the Town had in this was to act as the coordinating group. We put some papers together, some documents, made some phone calls to businesses, to the Adirondack Regional Chamber of Commerce, to the school. It cost the Town under four hundred dollars, including the printing costs to get it done. That is the deal. A number of generous local business have made a variety of incentives to bring the group here, and that is going to come the next three years. We as o Town Board felt that this type of program for the Town &I' Queensbury would be a good thing, on official thing, for everybody. MR. TUCKER-Do we have on Town Ordinance against bringing materials outside of the Town and dumping into the 1 own. SUPERVISOR BORGOS-We hove one for dumping in the Londfill. We've noticed all kinds of things h0;­T dnrnoed all over the Town and we don't know where it is coming from. MR. TUCKER-Addressed Town Attorney, does Town low hove any teeth against State low, if you are restricting dumping from outside of the area. ATTORNEY r)(ISE, ae 'iuve a no dumping either ordinance or local low. Its not so much having the . its chitry the people doing it, the enforcing. AIR. TUCKER-Our stump dumping have all been closed. People are working with the State of New York to get there reopened. I heard that once they ore open, they'll be taking moterial from everywhere. SUPERVISOR BORGOS-We ore negotiating to get some stump dumps open, because we need them. But we haven't considered taking from other places and it is not our intention. We ore trying to research this and solve these problems. CUSSION OF DOCK SPACE ON LAKE GEORGE ,_.'ER VISOR BORGOS-Its crossed our attention a couple of weeks ago that under our new rules and regulations, it is not permissible for property owners to rent any dock space on Luke George. I've received a number of telephone calls, stating that they've been renting for thirty--five years. Luke George Park Commission has regulations that will permit an owner to rent one bout site. Would like to know the consensus of the Board. COUNCILMAN MONAHAN-I would have to review the ordinance that we already hove, that was put in the place at the urging of land owners around Luke George. I know we grandfuthered people who had previously been renting docks. SUPERVISOR BORGOS-We've checked into that and we didn't. We can go with allowing this in u grundfather situation where it has been done for so many years. Or we can go with the absolute no with the way it is written. COUNCILMAN POTENZA-I agree and support the Lake George Pork Commission, allowing one bout to be rented. I think we should hove the some ruling and regulations as the Pork Commission. COUNCILMAN MONAiIAN-Suggest that the people who live up there and are faced with this situation who knows better than any of us, should meet together at the North Queensbury Fire House. SUPERVISOR BORGOS-That is a very good idea. We could make it a public meeting, not essurily un official Town meeting. We hove a concern that we've got to do something n. MR. IIA TIN-Would like the Board to understand that this is impossible to enforce. To prove it I hove to get some type of proof, like a cancel check, which no one is going to give me willingly. COUNCILMAN MONAI/AN-We also hove to remember this isn't going to effect only Lake George but also some of the other smaller lakes within the area. I would like to see a recommendation from the Planning Board on whut direction to go in. COUNCILMAN POTENZA-We need to move on this as soon os possible. Can't we pass a resolution tonight to set a public hearing? 288 SUPERVISOR BORGOS-We need a written resolution before us, so possibly tomorrow or a couple of days from now. COUNCILMAN POTENZA-Its my recommendation that we go with the Lake George Pork Commission, one dock per parcel and be consistent. SUPERVISOR BORGOS-Stated that there would be a special Town Board Meeting tomorrow at 4:00 P.M., to discuss the proposed road reconstruction, for this summer, and any other business that may come before the Board. It-will start ut 4:00 in my conference room and end in u rood tour. ATTORNEY DUSEK-What exactly is it that the Board wants for a proposal? SUPF_RVISOR BORGOS-The suggestion was the elimination of that clause, that specifically didn't permit anything, knowing full well that the people, they would full under the Park Commission regulations. There would be no expanded use. COUNCILMAN MONTESI-Suggest that we rescind the ordinance, us it relates to the docks, get Dave out of that enforcement and let it be handled by the Lake George Park Commission. COUNCILMAN POTENZA-Agreed. SUPERVISOR BORGOS-Okay we ore thinking in those terms, lets do some thinking and see what we con get together for tomorrow. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 255, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby approve the minutes of March 28th, April 11 th and April 24th of 1989. Duly adopted this 91h day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Abstain: Mrs. Monahan (March 28th & April 24th) RESOLUTION APPROVING AND ACCEPTING EASEMENTS IN QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 256, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, there exists in the Town of Queensbury, the Central Queensbury Quaker Rood Sewer District, and WHEREAS, it was necessary in furtherance of the development of said Central Queensbury Quaker Road Sewer District, to acquire easements and right-of-ways for purposes of installing and maintaining sewer pipe for said sewer district, and WHEREAS, one hundred and one right-of-woys and easements hove been obtained from residents and a schedule of those easements so obtained is presented ut this meeting, and WHEREAS, the Town Attorney of the Town of Queensbury has reviewed said proposed easements and addendums thereto and has arranged for the recording of the some, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Central Queensbury Quaker Road Sewer District, hereby approves and accepts said easements obtained from the said residents and hereby approves of the actions of the Town Attorney to hove the some recorded of the Warren County Clerk's Office. 289 Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION RETAINING THE SERVICES OF NORTHEASTERN APPRAISAL ASSOCIATES, INC. RESOLUTION NO. 257, Introduced by Marilyn Potenzu who moved for its adoption, seconded —by Ronald Montesi. WHEREAS, Northeastern Appraisal Associates, Inc., upon the request of the Town Board of the Towti of Queensbury, uppruised and reported the market value of certain property being used for commercial purposes in the Town of Queensbury on Aviation Road, known as Howard Johnson's Resort Motor Inn and the Blacksmith Shop, and WHEREAS, Northeastern Appraisal Associates, Inc., indicated that it would provide such appraisal work for on amount not to exceed $7,500.00, and WHEREAS, the Town Attorney has advised the Town Board that they should formally authorize the payment to Northeastern Appraisal Associates, Inc., for said services, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby directs and authorizes payment to Northeastern Appraisal Associates, inc., for the purposes above stated, in the amount of $7,500.00, and BE IT FURTHER RESOL VED, that the bill for services shall be paid from the A0951355474 account. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION RETAINING THE SERVICES OF NORTHEASTERN APPRAISAL ASSOCIATES, INC. RESOLUTION NO. 258, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Northeastern Appraisal Associates, Inc., to appraise and report the market value of certain properties located at the Top of the World, such properties being subject to tax certiorari proceedings, and a copy of the list of properties to be assessed being presented at this meeting, and WHEREAS, Northeastern Appraisal Associates, Inc., indicated that it would provide such appraisal work for on amount not to exceed $6,000.00, such amount not to include court time if necessary, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services of Northeastern Appraisal Associates, Inc., for the purposes obove-stoted, at an amount not to exceed $6,000.00, such amount not to include court time if necessary, and BE lT FURTHER, RESOL VED, that the bill for services shall be paid from the A0951355474 account. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos 290 Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM SURPLUS FUND TO JUDGEMENT AND CLAIMS FUND AND AMENDING 1989 BUDGET RESOLUTION NO. 259, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, there has been previously established a Judgement and Claims Fund identified as that fund established for payment of judgements and claims against the Town and identified — as Account No. A13.5-1930-440, and the Town Board of the Town of Queensbury is desirous of authorizing the transfer of funds from the Surplus Fund to the said Judgement and Claims I=uod and amending the 1989 budget accordingly, NOIV, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby increases appropriations in the Judgement and Claims account by $500.00 and increases the appropriated fund balance in the General Fund by $500.00 and the 1989 Town of Queensbury budget is hereby amended accordingly, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to transfer funds from the Surplus Fund to the Judgment and Claims Fund known as Account No. A135-1930-440, in accordance with the terms of this resolution. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO. 260, Introduced by Ronald Montesi who moved for its adoption, seconded by Xlorilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of portions of certain roads offered for dedication known as Edgewater Place and Feeder Canal Court in the Edgewater Place Subdivision, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions .undertaken by local governments, NOW, THEREFORE BE iT RESOLVED, that the Town Board of the Town of Queensbury adopts the annexed notice of determination of non-significance and directs that copies of this resolution and notice of determination be filed as required by law. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos t Noes: None Absent: Mr. Kurosaka RESOLUTION ACCEPTING DEDICATION OF PORTIONS OF EDGEWATER PLACE AND FEEDER CANAL COURT _RESOLUTION NO. 261, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, Higgs & Crayford, Inc., hove offered a deed to dedicate to the Town of Queensbury portions of the following roads: the northerly portion of Edgewater Place and the westerly portion of Feeder Canal Court, which ore more particularly described in the survey map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised thut he has reviewed inspection reports concerning the construction of and specifications of the said rouds proposed to be dedicated to the Town of Queensbury and he has raised no objection to acceptance of the some, and "'IF_REAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has ,ised that he hus mode an inspection of water mains and uppurtences along said roads proposed dedication and finds that the installation is in accordance with the requirements of the dawn of Queensbury Water Department, and that said installation is approved, and WHERF_AS, the form of the deed and title to the roads offered for dedication have been reviewed and approved by foul B. Ousek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOL VFD, that the uforementioned deed for dedication of the said roads be and the some is hereby accepted and upproved and that the Town Clerk is hereby authorized and directed to cause suid deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the roads be hereby udded to the official inventory of Town Highways, to be described us follows: Road Number: 461 Description: A rood proceeding in a westerly direction from Haviland Avenue rme: (Northerly Portion of) Edgewater Place ,et: 100.2 feet Road Number: 462 Description: A road proceeding in a westerly direction and thence southerly from Feeder Conal Court Name: (Westerly Portion of) Feeder Cunul Court Feet: 333.71 feet Duly adopted this 9th day of Muy, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monuhun, Mr. Borgos Noes: None Absent: Mr. Kurosuku COMM UNI CA TIONS Petition for zoning change - Charles Sicord - on file Petition for zoning change - George & Rita Dunphy - on file ESOL UTION TO REFER TO PLANNING BOARD RESOLUTION NO. 262_, Introduced by Betty MOnahon who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the following petitions for zoning changes be hereby turned over to the Planning Bourd for their recommendations: NAME TAX MAP NUMBER Charles O. Sicord 43-1-24. 1 George & Rita Dunphy 125-1-2 292 Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko Discussion held with Town Board, Town Attorney and Highway Superintendent regarding location of Seuge Road in the Town of Queensbury. Decision to hire outside help, Leon Steves to do further investigation. RESOLUTION TO HIRE CONSULTANT RESOLUTION NO. 263, Introduced by Ronald Montesi who moved for its adoption, seconded by �tilurilyn I'c�tenza. -- RESOLVED, that the Town Board hereby retain the services of Leon Steves for the purposes of identifying for the Town of Queensbury the location of Seuge Road, and BE IT FURTHER RESOLVED, that the fee for the above said services will be paid for by the A 125 1440440 account, said fee not to exceed $750.00. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 264, Introduced by Murilyn Potenzu who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss land acquisition regarding five parcels and six mutters of proposed or pending litigution. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 265, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOL VED, that Audit of Bills as appears on the May Abstract, numbered 558-1227 and totaling $311,916.06 be and hereby is approved. Dulv adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO ENTER REGULAR SESSION RESOLUTION NO. 266, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOL VED, that the Town Board of the Town of Queensbury hereby enter regular session 293 of the Town Board. Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoku RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RF_SOL UTION NO. 267, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, on Article 7 Real Property Tax Assessment Review case was commenced against the Town of Queensbury by Attractions Land, Inc., for the, tax years 1987 and 1988 regarding 18 acres on the south side of Glen Lake Road, Town of Queensbury, Tax Map Location: 36.-2-18, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having presented the Town Board with u proposed stipulation of settlement and having recommended settlement to the Town Board in accordance with the terms of said stipulation, NOW, THEREFORE BE IT RESOL VED, that the said Article 7 Real Property Tax Review Case commenced by Attractions Lund, Inc., regarding 18 acres on the south side of Glen Lake Road, Tax Mop Location: 36.-2-18, can be settled with respect to all of the aforementioned tux years in accordance with the terms of the stipulation, a copy of which is presented to this meeting, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized to execute the stipulation of settlement with all other court documents necessary to settle the case. Duly adopted this 9th day of May, 1989, by the following vote.: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosuku RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 268_, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, u certain Article 7 Real Property Tax Assessment Review Case hus been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having recommended settlement to the Town Board, NOW, THEREFORE BE IT RESOLVED, that the following case be settled with respect to the 1988 and 1989 assessment — rolls us indicated and as follows: 1-523400 4. 1-1-28 - Charles E. Eagle and Margaret E. Eagle - to be assessed ut $210,000.00 (1988 and 1989). Duly adopted this 9th day of May, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monohon, Mr. Borgos Noes: None 294 Absent: Mr. Kurosaka On motion, the meeting wos adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK