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1989-01-10 is TOWN BOARD MEETING JANUARY 10, 1989 4:00 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Ronald Montesi Councilman Betty Monahan Town A ttorney Paul Dusek MEMBERS ABSENT Councilman George Kurosaka Councilman Marilyn Potenza PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 39, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOL VED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka PUBLIC HEARING-Lake George Realty Trust Property Tax Map No. 19-1-9 NOTICE SHOWN AND POSTED, RESIDENTS WITHIN 500' notified SUPERVISOR BORGOS-Asked for public comments MR. JEFFREY TENNENT-I represent Tennent and Sons I am the builder, I think you pretty much known the situation. We are here for two variances one for the well set back which is a little over three feet short and one for septic tank from the building...What we are doing now is the best in the situation that we are in. I feel what we had designed, I have gone through every channel that I can think of and the ones that you have asked about. SUPER VISOR BOR GOS-You have brought to us, from the Lake George Park Commission, Dated December 21, 1988 indicating that the moratorium in the Lake George Basin would not apply to this project, you are exempt from that. COUNCILMAN MONTESI-Dave did we table this from last time primarily because the concern about the second variance? DAVE HA TIN-Director of Bldg. and Codes, it was the recommendation of Mr. Dusek to table it and do both at once and also you were awaiting a letter from the Dept. of Health verifying the signatures on the maps, that should be in front of you. SUPERVISOR BOR COS-Read the following: The New York State Dept. of Health, addressed to the Town of Queensbury RE: Lake George Realty This letter is to confirm that I looked over the site plan for the replacement septic system at the above location and discussed the some with Dave Hatin. Two variances from the NYS Department of Health Standards were requested as follows: 1. The separation from the septic tank to the building is less than 20 feet due to ledge rock. This was accepted because the house sits on a crawl space. 2. The separation between the septic tank and the well is 4 feet less than the required 50 feet. This should not present a problem. 19 If you should have any questions, please call me at 793-3893. Very truly yours, s/s Dan S. Machell Senior Sanitary Engineer Asked for further comments...hearing none the Public Hearing was closed. RESOLUTION APPROVING VARIANCE REQUESTS OF LAKE GEORGE REALTY TRUST L IMI TED PARTNERSHIP RESOLUTION NO. 3, Introduced by Mr. Ronald Mon tesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Lake George Realty Trust Limited Partnership previously filed a requests for variances from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, those requiring a distance of 50 feet between a septic tank and a well and a distance of 10 feet between a septic tank and a dwelling, and WHEREAS, notices of public hearing were given in the official newspaper of the Town of Queensbury and public hearings were held in connection with the variances requested, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Lake George Realty Trust Limited Partnership allowing the septic tank to be placed 46 feet from the well instead of the 50 feet required, and 17" - 38" from the septic tank to the dwelling instead of the 10 feet required, and finds as follows: A. that there are special circumstances or conditions which justify allowing the 46' separation between the septic tank and the well, and 17" - 38" from the septic tank to the dwelling, in that it is a difficult area to place a tank in and it will result in bringing a previous septic system closer to compliance with this Ordinance. Also, there is no cellar in the home on the property. Further, it is a replacement of an existing facility and the opinion of the Director of Building and Codes Enforcement favors that the variances should be granted, B. that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, C. that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship, and D. that the State Board of Health approved of the variances. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosoka COUNCILMAN MONA HA N-Requested that the resolution reflect the change in wording in D. as State Board of Health... Agreed to by the entire Town Board. OLD BUSINESS Application of Gary Holtz requesting a sewer variance on Sullivan Road, Qsby. N.Y. 20 Supervisor Borgos-The last time we met Mrs. Monahan requested that the Town Board retain • professional engineer to check the site in question, all members of the Board have received • letter, we retained the services of C.T. Male Assoc. Engineers. Mr. Male went to the site and we have the letter available, (quoting from the last paragraph of the letter) "In my opinion, the separations between the wells and septic systems are less than desirable, however all of the residences in the area have similar separations. If there are no documented problems with water quality from existing septic systems, I would recommend approval of the system, as designed, with a grading plan to show how the system can be installed as shown and graded to meet existing grades on the adjoining lots. The system must be installed and graded to prevent effluent from leaching onto the lot to the North." Sothis essentially says it does not conform to the normal rules and regulations, everybody else in the area is in the some boat and there are no documented cases or problems. As I recall there are four to eight feet of sand and gravel here so it is a little different from some of the shores of Lake George that deal in ledge rock, this is fairly near Glen Lake. Asked for comments or questions from the Board Members. Hearing none... — RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF SEWER VARIANCE OF GAR Y HOL TZ RESOLUTION NO. 4, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is considering the approval of a variance of Mr. Gary Holtz, form certain provisions of the Sanitary Sewage Disposal Ordinance of the Tow of Queensbury, such provisions being more specifically, those requiring the sewage disposal systems located of necessity upgrade in the general path of drainage to a well shall be spaced l00 feet or more away, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act a lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, NOW, THEREFORE BE IT RESOL VED, 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 by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka RESOLUTION APPROVING VARIANCE REQUEST OF GARY HOL TZ RESOLUTION NO. 5, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Gary Holtz previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, those requiring that sewage disposal systems located of necessity upgrade in the general path of drainage to a well shall be spaced l00 feet or more away, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, and WHEREAS, C.T. Male Associates, P.C., has rendered a written opinion concerning the applicatioi for variance and the some is presented at this meeting, j NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. Gary Holtz allowing the 70' separation between the well and the absorption field, and finds as follows: A. that there are special circumstances or conditions which justify allowing the 70' 21 separation between the well and the absorption field in that the lot size is too small to accommodate the 1001 distance required and this issue was addressed when the area variance was approved on April 20, 1988; B. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, C. that the local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship, and D. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. E. that this variance is granted subject to the applicant's complying with suggestions made by C.T. Males Associates, P.C. in their letter dated January 9 1989, attached hereto and made a part hereof. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosoka L tr. C.T. Male 65 Bay St. P.O. Box 533 Glens Falls, N.Y. 12801 Dear Supervisor Borgos: On January 4, 1989 I made a site inspection of the referenced property and reviewed the file on the proposed septic system. It is my understanding that the Town Board was concerned about the construction of the system, as designed and approved, on the three adjacent wells. According to New York State Department of Health Regulations the following criteria apply — to residential septic systems and wells. 1) Wells are to be located a minimum of 15 feet from property lines. 2) Septic tanks are to be located a minimum of 10 feet from a dwelling and property line, and a minimum of 50 feet from a well. 3) Distribution boxes are to be located a minimum of 10 feet from a dwelling, a minimum of 20 feet from a property line and a minimum of 100 feet from a well. 4) Absorption fields to be located a minimum of l0 feet from the property line, a minimum of 20 feet from a dwelling and a minimum of 100 feet from a well. From the plan approved by the Health Department, the proposed plan calls for an absorption field located ten feet from the Northerly property line, l4 feet from the proposed dwelling and 75 feet from the proposed well location. According to field measurements by Dave Hatin and myself there are three wells located less than /00 feet from the proposed septic system. The first well is located on a lot across from Lot 29 on Sullivan Place. The second well is located on Lot 28 within the residence as is the third well located on the lot Westerly of Lot 28. The distances from the three existing wells to the proposed system are 75t feet, 63t feet and 75t feet respectively. In my opinion, the separations between the wells and septic systems are less than desirable, however all of the residences in the area have similar separations. If there are no documented problems with water quality from existing septic systems, I would recommend approval of the system, as designed, with a grand plan to show how the system can be installed as shown and graded to meet existing grades on the adjoining lots. The system must be installed and graded to prevent effluent from leaching onto the lot to the North. Please call me if you have any questions or require any additional information. 22 Very truly yours, C.T. Male Associates, P.C. s/s Paul K. Male P.E. Regional Manager COUNCILMAN MONA HA N-Requested that the C.T. Male Letter be attached to the resolution. Agreed to by the Board. SUPERVISOR BORGOS-We have been dealing with the Duck situation at the duck pond on Fort Amherst for some period of time. The time has come a number of us feel to call for a public hearing to get all sides of this aired and to do what must be done if anything must be done? RESOLUTION OF LOCAL BOARD OF HEALTH REGARDING NUISANCE CAUSED BY DUCK POPUL A TION RESOLUTION NO. 6, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is by operation of law the Local Board of Health for the Town of Queensbury, and WHEREAS, complaints have been made to the Town Supervisor concerning a nuisance caused by the existence of a large population of ducks in and near a pond located on or near property owned by Dr. Charles Eisenhart at 238 Bay Street, Queensbury, New York, and WHEREAS, the Town Supervisor and the Local Health Officer, Dr. Evans, have investigated the complaints and find that the duck population is creating a nuisance which affects the health and well-being of the inhabitants and property owned by them in that area of the Town of Queensbury and adjacent areas of the City of Glens Falls near the general vicinity of the said pond, and WHEREAS, the Local Health Officer, Dr. Evans, has sent a letter to the Local Board of Health describing the nuisance and making certain recommendations, NOW, THEREFORE BE IT RESOL VED, that the Local Board of Health makes the following findings: 1. The ducks at or near the vicinity of the property owned by Dr. Eisenhart appear to be causing a nuisance which affects the health and well-being of residents and their property in that area. 2. It is necessary to hold a public hearing to gather further information before making a final order relative to whether and how the nuisance should be controlled, suppressed, and/or removed. 3. The nuisance appears to be situated upon property owned by Dr. Eisenhart and therefore any notice of public hearing should be served upon him personally, and BE IT FURTHER RESOLVED, that a public hearing be held concerning the controlling, suppression, and/or removal of the apparent nuisance and any other matters or nuisances emanating therefrom, including the apparent growth of a rat population and the amount of fines or penalties to be assessed in the event that anyone should not comply with orders made of the Local Board of Health, and that said public hearing be held on January 24, 1989, at 7:30 P.M. in the meeting room of the Town of Queensbury, Warren County, New York, at which time all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed and authorized to publish and provide notice of said public hearing by publishing the notice of hearing presented to this meeting /in the official newspaper of the Town of Queensbury and by personal service of this resolution and a copy of the said notice of hearing upon Dr. Charles Eisenhart, and BE IT FURTHER, ORDERED, that in the meantime and until said public hearing is held, a fence shall be installed on or around properties in the area of the duck population to control their movement and avoid any further nuisance to persons or property, provided however, that the permission of property 23 owners shall first be obtained before the installation of said fence. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka COUNCILMAN MONTESI-The initial people that are concerned on this are obviously the new neighbors there was at one point an empty lot across the street, that is now a site of three homes. I think at one point that might have been the area that the ducks did some nesting. With progress we all knew that the duck population was becoming somewhat of a situation — that was difficult to control, vehicle traffic swerving around ducks, the rat population etc.This Town Board acting as the Health Dept. did the first thing and that was to advise the public that there would be no more public feeding of the ducks, there is a contamination issue and that has been posted and people have been adhering to that somewhat. This is the next stage that we have to go... SUPERVISOR BOR COS-This matter has been brought to the attention of Dr. Eisenhart, he is aware of the proposal for the public hearing we have determined through observation that the population of ducks seems to be relatively low this fall it has grown dramatically since winter is here. We have had reports that the Glens Falls Police Dept. have patrol cars there to stop ducks from crossing Bay Road and that has been a significant problem. The Ducks are looking for food they are littering neighbors lawns with duck dropping and that is making for an unhealthy situation for the children at least. We think, at least some of us think it is time to discuss the entire matter perhaps the end of an era is here, we have to do something. (Vote taken on Board of Health Res. 6 of 1989) RESOLUTION TO ADJOURN AS QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 7, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Queensbury Board of Health hereby odjournes and the Queensbury Town Board reconvenes. -- Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka OPEN FORUM MR. DEAN GECKOS-Fox Hollow Lane-The Lake George Regional Summit Group and we are formally presenting a report of a large and well attended meeting held on the 25th of October. You have the report in front of you I would just like to read a short prepared statement. The Lake George Regional Summit Group consisting of members from the Adirondack Regional Chamber of Commerce, the Lake George Commerce, the Bolton Chamber, the Hague Chamber the Lake George Association and Alert, represent a very large and broad base consensus of concerns both environmental and economic that are impacting the Lake George Basin. The three major areas of concerned as outlined in the summary report, pollution of waste water, pollution from storm water runoff and milfoil. We as a group are here to ask of you our elected officials to take a strong lead on these issue. To make these issue a very high priority. We see our role as backing up your efforts, tell us how we can help you. The Town of Queensbury must work in cooperation with neighboring Towns and Villages on the Lake, the County, State and the Lake George Park Commission, but there is much that the Town can accomplish by itself. On pollution from waste water although the proposed sewer system in North Queensbury as well as the larger out of basin mentioned at the County level represent wonderful potential, --- what can be done in the short term, the hot spots that exist now. On pollution from storm water run off how will the Town react and work with the future regulations being worked on by the Lake George Park Commission. How will the numerous existing problems be solved on milfoil. The Town must work toward a coordinated lake wide effort with the County and the State. The Town of Queensbury must become active and vocal concerning the solutions to the milfoil problem. Pursue a decision on sonar, find sources of funding pursue methods that use mats of mechanical hand pulling. It is most important that we recognize that action is needed now, we as a community have spent a great deal of time studying the problems and . 24 gathering important data. There is precious little time left to act on these problems there is no time to loose. As a representative of the Lake George Regional Summit Group and all the organizations we represent I thank you for your time, we look forward to hearing your plans of actions concerning these issues. We stand ready to help you in your efforts, thank you. SUPERVISOR BOR COS-We can indicate to you that a little more than a year ago I believe we retained the services of Rist Frost Associates to do the North Queensbury Sewer Study and that study has now been completed. The Town of Queensbury has noticed the sewer problem and we believe that has something to do with the further growth of milfoil at least a portion of that and we are taking that action and we are cooperating with local legislators to reinstitute the sewer district. The Storm water run off problem is something entirely different it is a little bit more difficult to do because it requires a lot more control of private property and work along roadways, but that will be done to the best of our ability just as quickly as we get a minute. Milfoil, speaking for myself we do not often get into this as a Town Board matter, I certainly am in favor of,•sonar. I would like to see it applied as quickly as possible, I know _ it is out of our control at the moment, the State has the full control. I will continue to vote in favor or that at the County Board level. We are so committed here in the Town seeing Lake George preserved and protected that we formed a citizens committee on the Lake George issues last year that committee headed by Dr. Jim Ingalls meets approximately once a month. They do a lot of work in the field and gather a lot of data and then forward to us many recommendation I believe that we followed every recommendation so far and will continue to follow most if not all the recommendations so we are doing aggressively as best as we can any specific recommendath that you might have we will be glad to follow up on. COUNCILMAN MONAHAN-Noted that Lee York also has a group the Environmental Committee that is working on a storm water management system for the whole town. We are trying to gather everything to can together and not to just sit on it like another study. SUPERVISOR B OR GOS-Specific recommendations from your group would be very helpful to US. MR. L YMAN BEEMAN-President of the Lake George Association, I live at Bolton Landing, I think everybody agrees that the quality of Lake George Water and the beauty of the environment is absolutely vital to this community and everybody in the community. We cannot over emphasis the need to preserve and protect the Lake. Everybody, as Mr. Beckos has pointed out has to work together to make this effort successful. It starts as you have already done with your community groups, your volunteer groups as citizens, and moves to the Town, County and State and the Lake George Park Commission. If all of these organizations do not work closely together we are liable to fail. As we failed in the past, and I think we are saying one more time that the enforcement procedures we have had in the past in the Towns has not been successful in saving our lake, and preventing its continued degradation to the point now where it is a crisis. We are told by our Scientific advisory people that we may have ten years before this lake just becomes another lake, we have spent a great deal of time and effort promoting the lake at the County level certainly. More than a million dollars in advertising the lake to bring people here, sometimes we wonder why we are advertising? The lake speaks for itself and people come here because they want to come here because it is a beautiful lake and a wonderful place to be. It seems to be that the argument that we must continue to advertise for the sake of taxes, if that is the rational at the Warren County Board of Supervisors for a million dollars of advertising to bring in people so there can be more sales taxes generated for the benefit of this community we are missing the boat. This community is happy and able to satisfy its own needs to take care of its own, without depending to this great extent on outside sales tax revenue. If we are going to preserve the lake we have to be sure that if people do come as we want them to come, certainly to enjoy this place that they should be educated when they come that the lake is precious. They should be told that they cannot dump stuff overboard from theirboats we need the help of the Towns now in being sure that there are pump out stations as one modest suggestion. (tape turned) land use prerogatives, by calling a moratorium that this is unfair and uncalled for, if we do not have a moratorium if we do not address the problems that are expanding we will not be able to get back and address the problems that have happened in the past. So a moratorium is vital we need the cooperation of the Town is seeing to it that the Lake George Park Commission has this moratorium and it is effective moratorium that it is a moratorium that is abided and has the support of the towns. Beyond that, we need the support of the towns for the Park Commission to really do its job in the future in terms of enforcement. In terms of bringing for the needed regulations the Park Commission is our regulations, the Park Commission is our Baby, we brought it into being all the people in this community and now to turn on the Park Commission and say what can be in some cases selfish reasons, and say well gee they are stepping on our toes it is very unfortunate and it may result in our failing again to save our precious lake. So it seems to be that we can overlook for the moment some of our selfish interests and ban together for the good of the lake that is, this is the time this maybe the only time this maybe the last time. Thank you. SUPERVISOR BORGOS-The entire issue of the moratorium is obviously something I found three sides, I think I am on the third side. Personally I understand why a moratorium might 25 be necessary we did go through one here in Queensbury for 19 months we have recently come out of it. We believe we have done a good job, we believe that we should be a model for most area communities our big concern, my big concern at the County level'I cannot speak for the others, at the County level with the moratorium has been that some parts of the Lake George Park are outside the so called Lake George Basin. At the meeting I attended the Commissioners rushed to impose the moratorium parkwide rather than basin wide because they indicated it was more convenient to do that, they did not have the time to get the maps in order and so forth. I am personally concerned with some of the restrictions of the moratorium for instance, the conversion of a commercial use from one use to another from as 1 understand it from a cigarette store to a Book store would not be permitted during the moratorium. I see no change in the impact on the environment from such a conversion but I do see a very detrimental business impact. That kind of thing which was included in a hastily drawn moratorium is where you would find my objection, personally. But certainly the concept of controlling the growth is something that I would support I think we definitely assess in detail what the problems are. This town has gone on record officially and I believe that Lee York and Dave Hatin got my memo when I came back from that first meeting saying that we will follow the law. If the law is that there is a moratorium we will not issue permits inside that area controlled by the moratorium. We do not issue permits knowingly inside that moratorium. As you heard today we had someone bring in a letter from the Lake George Park Commission indicating that they were exempted from the moratorium, for this particular action held by the Board of Health. We are aware of it and we are following the law. That is the third side, people are for it, against it and some are on the third side the yes I like it but there are minor language corrections that perhaps that should be done. COUNCILMAN MONAHAN-This law is in the area that I represent. I have always said that when I met with all the groups in Lake George, North Queensbury, that all the levels of government have to work together and, we have to make up our minds what direction we are going into and we all have to help each other in reaching that direction. It's only by a concerted effort in working together that we will accomplish everything and we can't accomplish something if we are all pulling in a different direction. Relative to sales tax 1 have this to say, that when we talk about the benefits of sales tax we have also have to think of the point of no return. When it costs more to administer the program and I am talking about the advertising dollars your office staff etc. and when it cost more to repair the damage done by bring, by increasing the use of the lake then we have reached the point of no return. I think all levels of government should be cognizant of that fact. I recognize the fact that some people are not, I will say that our previous Supervisor did not support, and fought vigorously against some of the romificatioi of the tourism department, felt that some of those efforts could much better be directed toward getting in the type of industry that we need in this area to make year around jobs, that was one person on the County Board trying to fight a battle that they were fighting by themselves. Anyone who knew how vocal our former Supervisor was realizes that they fought well and hard, maybe not win but they certainly made their feelings known. I think in the town we have tried to be responsible again we admit we are playing catch up we tried to strengthen our zoning ordinances that we know had been inadequate we knew that there had been some bad decisions we tried to make a tighter tougher buildings dept., again with fairness to the people involved, do not misunderstand me when I say tighter and tougher, but that the laws there should be administered and should be enforced. At neighborhood meetings this is a lot of the comments, you have a lot of laws on the books, ordinances, but they are not being enforced. I think, I have been on the Board, we did pass a new sanitary code we recognize that it has short comings in it, it was brought to my attention that even though we called for holding tanks in some times we do not require that they have alarm systems that has got to be a change that we make. We are learning also and hope that we learn fast enough but I would not want you to think that we are indifferent or we do not care or we are only looking for the dollars that lay on the top because there are cost to a lot of these dollars. I recognize this and I hope my Board Members recognize this and make the County aware of it to. COUNCILMAN MONTESI-As Chairman of the Sewer Committee I have worked hard with Betty and Steve on getting this study done and it is closer to reality at this point the study is done the numbers are in and one of the things that we did charge our consulting firm Rist Frost you will have to be innovative on financing because there is no federal money. Gerald Solomon is in a position to help us in forcing no action on the dredging the PCB's out of the Hudson River and taking part of the $40 million that they would not spend there diverting it toward Lake George in a sewer project that would re-ignite the regional project if not that re-ignites the 14 miles of Lake George that are in the Town of Queensbury that we have done our homework on. We need to make a stand we need to get somebodies attention a moratorium is a way that we do that then so be it. SUPERVISOR BORGOS-We thank the representatives for being here, we heard you, we will continue to do what ever we can we all love the Lake. Asked for further public input... MR. MIKE O'CONNOR- Appear here on behalf of the Glen Lake Protective Association. Our concerns are like those of the group that just spoke in regard to Lake George. The Association 26 is concerned with the quality of water the quality of life on the lake. We would like to ask the Board to consider adopting a stance on the Glen Lake Fen, like it has on Rush Pond Area and have the Glen Lake Fen designated a critical environmental area, we have with us a copy which Supv. Borgos was kind enough to supply to us of the Board minutes of the January 27th 1987 meeting when the Board discussed the designation for the Rush Pond area. I think that the comments and the information that are contained in those minutes would pertain as well to the area that we are speaking of. I tried to make some definition of area and I think the best definition of area that I could come up with at this moment is the designation that has been placed upon the new zoning map. It would appear as though you have included the entire Glen Lake Fen area in a LG-42 Acre Zone. You have included in there the area that has been specifically designated as a Class I Wetland. It would appear everything the lies to the West of the Bike Trail. It would include not only the main Glen Lake Fen but the wetland area which also lies to the North and behind what I would call the Casino property. That was an area that Earltown had offered at one time as part of its negotiations as a mitigating wetland that they were going to purchase that area and dedicate that to the Town or the Glen Lake Assoc. COUNCILMAN MONTESi-If Earltown is a reality there is a chunk there....Reviewed another area at Ridge and Haviland 40 acres...and the head waters of Glen Lake would for a recreational or Environmental Trust MR. MIKE O'CONNOR-Noted that they had met with Earltown and indicated that the Board of Directors of the Glen Lake Assoc. would be willing to accept title to that...We feel that our control of that would be more stringent than if it was turned over to the State of New York. The Glen Lake Assoc. does now have title to the outlet area of the Lake in fact maintain the dam there as a voluntary not for profit group. COUNCILMAN MONTESI-Described the proposed Trust Fund re: Earltown... MR. MIKE O'CONNOR-1 would have to go back to the Board of Directors, but my feeling is that if they had assurances that it was being maintained as a wild wet area they would have no concern with who owns the title to it that was not really their interest. The question came up as to whether or not somebody would step forward and be willing to take on that responsibility and after some consideration they spid yes they would be willing to do that if the Town wanted them to. I think that is also included in this area designated on the Zoning Map as L G-42A. SUPERVISOR BORCOS-Mrs. York is that property the piece that Earltown offered? Maybe you or John in the next week or so, work with Mr. O'Connor to see if that piece is the one? Asked that the Town Attorney look into the status of that property. MR. MIKE O'CONNOR-1 would like to have the Board consider setting a date for a public hearing ... the main area we are talking about is the Glen Lake Fen...I also have maps of the wetlands which is more extensive...there is also a letter from the State to Morris Eng. of what type of cultures are within the wetlands...I also have a DEC report which appears to be a report by Richard Andrews as General review of the wetland that was done in 1982...at one time they had the thought of having Glen Lake Fen purchased but did not go through ...perhaps now there maybe some possibility... COUNCILMAN MONTESI-Described how the Rush Pond designation was reached. Noted a problem in this area is that it is developed .... MR. MIKE O'CONNOR-Part of the reasoning for using the zoning map is that it goes by property lines. LEE YORK-Reviewed the area of concern, DEC CF15 and GF9 Type 1. COUNCILMAN MONAHAN-GF9 is the Hudson River COUNCILMAN MONTESI-How close does their designation follow the property line? In a Class 1 wetland you are limited to 100' beyond that... LEE YORK-There are restrictions, when we did this we used tax map identifications, we went by lot lines as closely as we could... LC42 zoning designation is the most protective in nature, it is very restrictive... COUNCILMAN MONTESI-When your committee did the zoning map were you privy to the DEC map? LEE YORK-yes... COUNCILMAN MONA HA N-Requested that Lee York's dept. to come up with a Environmental Designation as we have for Rush and Round Pond? SUPERVISOR BORGOS-Once we have all the descriptions tied down before a hearing will be 27 set. COUNCILMAN MONTESI-DEC will be over-riding...factor in permitting,a use in their designated wet/ands, our map should follow that closely. SUPERVISOR BOR COS-Requested that Mrs. York with Mr. O'Connor designate the area with recommended guidelines and present some to the Town Board for their review, and we can then move on this. MR. MIKE O'CONNOR-Recently the Zoning Board of Appeals that the Building Height restrictions do not apply to structures and they have taken the position that amusement rides are in fact structures so there is no height limitation at present on rides or many other items, the Town has to take a look at redoing its definition of structures on zoning ordinance.... we are concerned with the sky line that is visible from Glen Lake...we have a suggested limitation that at least amusement rides they not exceed a height of 100 feet. SUPERVISOR BORGOS-We will look at those recommendations... TOWN ATTORNEY PAUL DUSEK-noted that he would start working on the recommended changes... MR. CHUCK OGDEN-President of the Glen Lake Assoc., I live on Glen Lake, We look for your support in these matters and how to work together and come to amicable conclusion as to how they can be, our Directors are available at any time....they are interested and want to pursue this in the fairest way possible so we can have the control before things get out of hand. Thank you. MR. MIKE O'CONNOR- On behalf of the Glen Lake Assoc. I wish to thank each of you for the cooperation that we have had...I appreciate what you have done and what Lee York has done and Dave Hatin we are very happy and we hope to continue to provide each other with information and maybe come up with a good product when it is all said and done. SUPERVISOR BOR COS-Asked for further input...none was heard. RESOL UTIONS RESOL UTION TO APPROVE MINUTES RESOLUTION NO. 40, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOL VED, that the Town Board Minutes of October 12th, November 16th and December 13th of 1988, be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka RESOLUTION TO ADOPT FORM FOR USE OF REVIEWING ZONING CHANCE APPLICATIONS RESOLUTION NO. 41, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, at its meeting on December 13, 1988, adopted a form for the purposes of assisting the Town Board in its review of applications for rezoning in the Town of Queensbury, and WHEREAS, Mrs. Lee York, Senior Planner for the Town of Queensbury, has made certain recommendati for changes in said form which is presented at this meeting, NOW, THEREFORE BE IT RESOL VED, that the form presented at this meeting be and hereby is adopted for the use of assisting the Town Board of the Town of Queensbury in its review of applications for rezoning in the Town of Queensbury. Duly adopted by the following vote: 28 Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka LEE YORK-Senior Planner-Recommended to the Town Board that an ad be placed in the newspaper letting the public know of the form to be used for a request for rezoning... (Resolution regarding map, plan and report to be held until next Town Board Meeting, agreed to by the entire Town Board) RESOLUTION CONSENTING TO WARREN COUNTY DEPARTMENT OF PUBLIC WORKS BEING NAMED LEAD AGENCY WITH REGARD TO THE WIDENING OF QUAKER ROAD., — Q UEENSB UR Y RESOLUTION NO. 42, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Warren County Department of Public Works has sent to the Town of Queensbury an environmental report including an environmental assessment form for the proposed widening of Quaker Road, and WHEREAS, the Warren County Department of Public Works has proposed that it be lead agency with regard to the proposed road widening, NOW,` THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby consents to Warren County Department of Public Works being named lead agency for the widening of Quaker Road, and BE IT FURTHER RESOLVED, that the SEQRA Environmental Design Report - Full Environmental Assessment Form, sent to the Town of Queensbury by the Warren County Department of Public Works be submitted to the Planning Department of the Town of Queensbury, for its comments and upon receipt of such comments, the Town Board of the Town of Queensbury review and as appropriate send such comments to the Warren County Department of Public Works together with any other information concerning the environmental review of the proposed project of widening the Quaker Road. Duly adopted this 10th day of January, 1989 by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza Councilman Monahan-requested that in the final resolved that the wording of Planning Department of the Town of Queensbury be designated...agreed to by the entire Town Board. RESOLUTION FORMALL Y REQUESTING MONIES CONCERNING THE SOU. I THERN BASIN OF LAKE GEORGE RESOLUTION NO. 43, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Congressman Gerald B. Solomon and New York Senators, Alphonse D'Amato and Daniel P. Moynihan are attempting to convince New York State to make $40 million available for projects concerning the entire southern basin of Lake George, including money for the A sewerage plan for North Queensbury and Congressman Solomon is also looking into a proposal to obtain federal aid for the entire southern basin of Lake George, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its support for the actions of Congressman Solomon and by this resolution formally requests that the State of New York and the United States Government grant the monies that Congressman Solomon is requesting for projects concerning the entire southern basin of Lake George, and 29 BE IT FURTHER, RESOLVED, that the Town Board wishes to thank and commend Congressman Solomon, Senator D'Amoto and Senator Moynihan for their efforts to maintain and improve the water quality of L ake.George. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosako Councilman Monahan-I would like to add that the Town Board wishes to thank and commend Congressman Solomon, Senator's D'Amato and Moynihan for their efforts to maintain and improve the water quality of Lake George....agreed to by the entire Town Board. RESOLUTION REGARDING DESCRIPTION OF RIGHT-OF- WA Y TO DAM AT HOVEY POND RESOLUTION NO. 44, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury presently owns a right-of way to a dam, gates and spillways located at Hovey Pond over the properties currently owned by Sol Spahn, and WHEREAS, said easement is not specifically defined by a meets and bounds description or located on a survey and the Town of Queensbury has been asked to specifically define location of said right-of way, and WHEREAS, the Town Board of the Town of Queensbury is willing to precisely define the location of said right-of-way, providing certain agreements can be reached between the parties, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury agrees to precisely define the location of the right of way previously granted by the owner of the parcel of land located on the corner of Quaker Road and Glenwood Avenue, currently owned by Sol Spahn, for the benefit of Finch Pruyn Sales, Inc., its successors and assigns to "inspect, maintain, repair, reconstruct and control and dam forming the outlet of Hovey Pond, including the gates and spillways thereof:", and BE IT FURTHER RESOLVED, that the 15 foot right-of-way given pursuant to the above grant by the nearest and most accessible route near the northerly shore of said Pond from the westerly side of Glenwood Avenue to the area of said dam "be amended to state the following: The Town of Queensbury shall have a 20 foot right-of-way at or near the location labeled as No. l and colored yellow, on the survey prepared by Rist-Frost Associates, P.C., dated November 1988, a photocopy of the some being presented to this meeting, together with a complete copy, for purposes of inspecting, maintaining, repairing, reconstructing and controlling the dam forming the outlet of Hovey Pond, including the gates and spillways thereof, and BE IT FURTHER, RESOL VED, that the Town of Queensbury will maintain as it deems proper and necessary, said right-of-way and in the event the Town of Queensbury determines that any work is required on or over the right-of-way, the Town of Queensbury will perform such work or reconstruct any roadway or path, at its expense, that encompasses the some area as the right-of-way, but in no event shall this clause be interpreted to indicate that Sol Spahn or any subsequent owners have the right to direct work, repairs, or reconstruction for any reason or purpose, and BE IT FURTHER RESOLVED, that the exact location and the angle at which said 20 foot right-of-way proceeds from Glenwood Avenue shall be determined by agreement with the owners of the property upon which the right-of-way is located and the some shall be described by a meets and bounds description or laid out on a survey map which can be filed and recorded at the Warren County Clerk's office. Duly adopted by the following vote: 30 Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza RESOLUTION TO APPOINT MR. JACK LABOMBARD TO RECREATION COMMISSION RESOLUTION NO. 45, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has established a Recreation Commission and WHEREAS, Mr. Jack LaBombard was previously appointed to the Recreation Commission for a term which expired on December 12, 1988 NOW, THEREFORE BE IT RESOL VED.that Mr. Jack L aBomard be reappointed to the Recreation Commission for a term of five years such term to run form December 12, 1988 and expire on December 12, 1993. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka COUNCILMAN MONAHAN-Noted that,Mr. LaBombard is an excellent member... REPORTS -Building & Code enforcement SUPERVISOR BORGOS-We set a new record in construction permits for 1988 $ 59,035,940.00 about 4 million higher than last year. PAUL DUSEK-TOWN ATTORNEY-A matter involving a change order request of Joseph R. Wunderlich we have been working on that this after noon with the Board entertain that? RESOLUTION AUTHORIZING PAYMENT TO JOSEPH R. WUNDERLICH, INC. RESOLUTION NO. 46, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Joseph R. Wunderlich, Inc., pursuant to contract, has been performing work in the Quaker and Ridge Roads Sanitary Sewer Systems and Bay and Cronin Road Sanitary Sewer Systems, and WHEREAS, Joseph R. Wunderlich, Inc., has requested a change order authorizing additional work, for a fee of $171,845.01 and WHEREAS, Kestner Engineers, P.C. has approved and recommended said change order, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes payment of Change Order No. 1, Dated- November 16, 1988, Project No. 4, in the amount of $171,845.01 as revised by Quentin Kestner, January 10, 1989, and BE IT FURTHER, RESOL VED, that appropriations for the sewer project be increased by the amount of $171,845.01 and the estimated revenues for the anticipated bonding be increased by a like amount. Duly adopted this 10th day of January, 1989 by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Y 31 Noes: None Absent: Mrs. Potenza, Mr. Kurosaka PAUL DUSEK-TOWN ATTORNEY-Asked for the following revision, in the first resolved clause at the very end of it the words as revised by Quentin Kestner, January 10, 1989... Agreed to by the Town Board.... SUPERVISOR BORGOS-This is a change order that relates to the Sewer Dist., there were some questions on the part of some Board members-in the pricing we have found a reduction of some almost 18,000. dollars that has been agreed to by all the parties. RESOLUTION TO APPROVE AUDIT OF BILLS 1989 RESOLUTION NO. 47, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that Audit of Bills of January l0, 1989 and Audit 1989 and numbered 3 through 8 and totaling $83,225.56 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka RESOLUTION TO APPROVE AUDIT OF BILLS 1988 RESOLUTION NO. 48, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOL VED, that Audit of Bills of January l0, 1989 and Audit 1988 and numbered 3479 through 3629 and totaling $138,678.19 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 49, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: RESOL VED, that the Town Board hereby moves into executive session to discuss litigation on the Harris Case. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mr. Kurosaka On motion the meeting was adjourned. RESPECTFULL Y SUBMITTED, Miss Darleen M. Dougher Town Clerk-Queensbury