1999-07-19
REGULAR TOWN BOARD MEETING
JULY 19, 1999
6:30 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR FRED CHAMPAGNE
COUNCILMAN RICHARD MERRILL
COUNCILMAN THEODORE TURNER
COUNCILMAN DOUGLAS IRISH
COUNCILMAN PLINEY TUCKER
TOWN COUNSEL
MARK SCHACHNER
TOWN OFFICIALS
Henry Hess, Controller
Mike Shaw, Deputy Director of Wastewater
Chris Round, Executive Director of Community Development
PRESS: G.F. Post Star
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 222, 1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Richard Merrill
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session
and enters Executive Session to discuss a personnel matter.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES:
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES: None
ABSENT: None
RESOLUTION TO RECONVENE
RESOLUTION NO. 223, 1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Richard Merrill
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive
Session and enters Regular Session of the Town Board.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES:
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES: None
ABSENT: None
REGULAR SESSION
7:05 P.M.
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD MERRILL
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 224, 1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session
and enters as Queensbury Board of Health.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES:
Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES: None
ABSENT: None
QUEENBURY BOARD OF HEALTH
PUBLIC HEARING - SEWER VARIANCE - JULIEN
NOTICE SHOWN
7:06 P.M.
COUNSEL MICHAEL BORGOS-Good evening, my name is Michael Borgos from Muller and Muller, we
represent the Juliens in this septic variance application. I believe the board is familiar with the application
from the last meeting and I think it was Mr. Merrill who proposed several modifications to that. The
engineer Tom Nace is here tonight to describe those to the board and I think I'll turn it over to him and let
him do that.
TOM NACE-Very quickly and briefly, what we have done is we have moved the septic system from the
location previously proposed which was on the east side of the proposed driveway and right-of-way that
goes across the adjacent lot and in order to get better separation distance from the wetland, we have moved
it back to the west side of that right -of-way in which case we now have, I can't read without glasses
anymore. We now have seventy-four feet of separation to the wetland over here, sixty-four feet to the
corner of the wetlands at this property corner and a hundred and fifty-eight feet from the lake. However,
we do have even though we are closer then the two hundred foot required from the lake, we do have a high
place that is underlined with rock in between the septic system, the lake which will drive the surface
drainage toward the east and away from the lake around and eventually into some lower areas down here.
So, it's a compromise to get a little further away from the wetland. It's a little closer to the lake but not to
the detriment of anything going directly toward the lake.
SUPERVISOR CHAMP AGNE- Thank you, Tom. Anyone else here to speak on behalf or against this
proposal?
COUNSEL JOHN SILVESTRI-My name is John Silvestri, I'm an attorney from Chestertown. As the
board knows from a previous letter I sent on June 22nd, I'm representing Lands of Wings Services, Inc.,
which is the property just adjacent to this parcel and based upon a letter from Mr. Nace dated today to the
board where in he represents that he is assessing the placement of a similar system on the property of
Wings Food Services, and that he does not believe there's going to be any conflict between the two systems
based upon that representation, we have no objection to the Juliens proceeding with their application for a
variance at this time. I have nothing else to add unless there's some questions.
SUPERVISOR CHAMP AGNE- That's fine, thank you. Anyone else? Anything from the board?
COUNCILMAN MERRILL-I'd like to recommend that two conditions be placed on this. First, that the
absorption field shall employ an Eljen System such as specified on the drawing. So, I'd like to have the
resolution tied to Nace Engineering Drawing #49033. And the second thing I would like to have the
condition that all the fill that was deposited west of the right-of-way shall be removed and the land returned
to it's natural conditions before a CO is issued.
MR. NACE-You're speaking of return to it's natural elevation, so that the fills removed.
COUNCILMAN MERRILL-That's correct. Yea, natural elevation.
MR. NACE-Okay.
SUPERVISOR CHAMPAGNE-You would be removing that fill to the other side.
MR. NACE-Right, that will be no problem.
COUNCILMAN MERRILL-Okay.
SUPERVISOR CHAMPAGNE-Anyone else? Hearing from the board? Are we ready to vote it?
DEPUTY TOWN CLERK BARBER-Close the public hearing.
SUPERVISOR CHAMPAGNE-Close the public hearing.
DEPUTY TOWN CLERK BARBER-Actually, can I read one letter?
SUPERVISOR CHAMPAGNE-Okay.
DEPUTY TOWN CLERK BARBER read the following into the record:
To Members of Queensbury Local Board of Health:
According to the Adirondack Park Association its wrong to build an
absorption field in a wet land area, that will eventually drain into the lake.
Perhaps for this area, a full environmental review is necessary.
Elsa Kraft
Ray Kraft
Wendy Kraft
PUBLIC HEARING CLOSED
7:10 P.M.
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCES FOR MICHEL AND MONIQUE
JULIEN
BOARD OF HEALTH RESOLUTION NO. : 35, 1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Michel and Monique Julien previously filed an application for three (3) variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application
requesting that the Local Board of Health grant variances to allow an absorption field to be located
1. One hundred fifty-eight feet (158') from the shore of Lake George rather than the required two-hundred
feet (200') setback;
2. Seventy-four feet (74') from a side property line to a wetland rather than the required one-hundred feet
(100') setback;
3. Sixty-four feet (64') from a side property line to a wetland rather than the required one-hundred feet
(100') setback:
on property located on the east shore of Lake George, Cleverdale Road, Queensbury, and
WHEREAS, the Town Clerk's Office published a Notice of Public Hearing in the Town's official
newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on
July 19th, 1999, 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,
a) that due to the nature of the variances, it is felt that the variances would 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; and
b) 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 granted are the minimum variances which would
alleviate the specific unnecessary hardship found by the Local Board of Health to affect the
applicants; and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the
application of Michel and Monique Julien for three (3) variances from the Sewage Disposal Ordinance to
allow an absorption field to be located
1. One hundred fifty-eight feet (158') from the shore of Lake George rather than the required two-hundred
feet (200') setback;
2. Seventy-four feet (74') from a side property line to a wetland rather than the required one-hundred feet
(100') setback;
3. Sixty-four feet (64') from a side property line to a wetland rather than the required one-hundred feet
(100') setback:
on property located on the east shore of Lake George, Cleverdale Road, Queensbury and bearing Tax Map
No.: 10-1-4.3, and
BE IT FURTHER
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the variances
with the following express conditions:
1. The absorption field shall employ an Eljen System such as specified on the drawing, Nace Engineering
Drawing #49033, and
2. All the fill that was deposited west of the right-of-way shall be removed and the land returned to its
natural elevation.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
PUBLIC HEARING - SEWER VARIANCE - RYAN
NOTICE SHOWN
7:12 P.M.
SUPERVISOR CHAMPAGNE-We have a second public hearing on the Ryan Sewer Variance.
TOM JARRETT-My name is Tom Jarrett, a partner in the firm Jarrett-Martin. With me tonight is the
applicant Mark Ryan. During last months public hearing we presented this application that listed a three
bedroom residence on this property. It was going to be modified from a two bedroom residence to a three
bedroom residence with the footprint not changing. Due to concerns over the application expressed by the
board, we've changed the application to show a two bedroom residence with no footprint change. All other
design issues remain the same from last month.
SUPERVISOR CHAMPAGNE-Anyone from the public care to speak for or against this proposal?
Board, you've had an opportunity to listen to what was said a month ago and I think he's made those
modifications, changes that we asked him to do. Anything more to add?
COUNCILMAN MERRILL-Again, I'd like to see a condition on this approval that there would be a deed
restriction filed limiting this to seasonal use without the installation of a heating system.
MR. JARRETT -Okay, agreeable.
SUPERVISOR CHAMPAGNE-No problem there?
MR. JARRETT-Yea.
SUPERVISOR CHAMPAGNE-Okay.
COUNCILMAN MERRILL-Are we still in the public hearing, I think we have a
SUPERVISOR CHAMPAGNE-Oh, I'm sorry. John, excuse me.
JOHN SALVADOR-If such a restriction is going to be required, would not this then be a non-conforming
use? This is a residential zone and this would be a non residential use if it didn't have a heating system.
Would that require a use variance?
COUNCILMAN MERRILL-This is a preexisting, highly non-conforming structure that was only intended
as a camp, has only been used as a seasonal camp. I think it's preexisting.
MR. SALVADOR-But it's a residential use as it is now. It qualifies
SUPERVISOR CHAMPAGNE-Let me call on Counsel on this one, Dick, if! may, please?
COUNCILMAN MERRILL-Sure.
COUNSEL SCHACHNER-I believe that the public commentator is improperly and incorrectly equating
the terms, seasonal and residential or year round and residential.
MR. SALVADOR-No, I'm not, I'm not addressing the issue of seasonal.
COUNSEL SCHACHNER-With all due respect, I understood the comment to be indicated that because the
residence will only be occupied on a seasonal basis, it's not a residence and that's not the case.
MR. SALVADOR-No, I did not say that. I said, because the dwelling will not have a heating system, it
would not conform to that, the specifications of a residential dwelling. It would be a non-residential
dwelling. If such were the case, it would be a non-conforming use in a residential zone.
COUNCILMAN IRISH-Whose specifications are you referring to when you say, if it doesn't have a
heating system, it would be a non-residential use.
MR. SALVADOR-Well, Mr.
COUNCILMAN IRISH-Yea but, I mean, who determines
MR. SALVADOR-It's not, it's, a residential dwelling requires a heating system.
COUNCILMAN IRISH-WeIl yea, but you'd have a lot of camps that are residential use that don't have
MR. SALVADOR-Maybe they're non-conforming, I don't know.
SUPERVISOR CHAMPAGNE-John, that maybe
COUNSEL SCHACHNER-You're exactly correct, Councilman Irish.
SUPERVISOR CHAMPAGNE-What's that?
COUNSEL SCHACHNER-Councilman Irish is exactly correct.
MR. SAL V ADOR- They're non-conforming.
COUNSEL SCHACHNER-No, that's what Mr. Salvador is saying. Councilman Irish is exactly correct in
indicating that there are many residences that do not have a heating system and that one does not have to
have a heating system in order to have a residence.
SUPERVISOR CHAMPAGNE-Okay.
MR. SALVADOR-Thank you.
SUPERVISOR CHAMPAGNE-Anyone else from the public? Board?
COUNCILMAN IRISH-I think that Dick made a good point with the deed restriction. I believe we
discussed it when Mr. Ryan came in front of us the last meeting. So, as long he's agreeable to that, I have
no problem with it.
SUPERVISOR CHAMPAGNE-Okay, let's close the public hearing and entertain a motion.
PUBLIC HEARING CLOSED
7:17 P.M.
RESOLUTION APPROVING SEW AGE DISPOSAL VARIANCES FOR MARK RYAN
BOARD OF HEALTH RESOLUTION NO.: 36, 1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Mark Ryan previously filed an application for three (3) variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local
Board of Health grant variances from Chapter 136 as follows:
1. The applicant has requested a variance to allow a holding tank as required by (136-11(B) of the Town
Code;
2. The applicant has requested a variance to locate the proposed holding tank below the flood plain
elevation of three hundred twenty-one feet (321') as required by (136-11(B)(4);
3. The applicant has requested a variance to locate the proposed holding tank forty-one feet (41 ') from Lake
George rather than the required fifty feet (50') setback;
on property located on Rockhurst Road, Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
requests on July 19th, 1999, 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,
a) that due to the nature of the variances, it is felt that the variances would 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; and
b) 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 granted are the minimum variances which would alleviate
the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the
application of Mark Ryan for three (3) variances from the Sewage Disposal Ordinance to allow
1. a holding tank;
2. the holding tank to be located below the flood plain elevation of three hundred twenty-one feet (321');
and
3. the holding tank to be located forty-one feet (41 ') from Lake George
on property located on Rockhurst Road, Queensbury and bearing Tax Map No.: 16-1-4, and
BE IT FURTHER
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the variances
with the express condition that a deed restriction be filed limiting use to seasonal use, without installation
of a heating system.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES
None
ABSENT:
None
DISCUSSION BEFORE VOTE:
Councilman Merrill-I think an important point to be made here, it does bring a noncompliance system into
compliance by installing an alarm system.. (vote taken)
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION
OF DONNA HURLEY
BOARD OF HEALTH RESOLUTION NO.: 37, 1999
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board
of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal
Ordinance to issue variances from the Ordinance, and
WHEREAS, Donna Hurley has applied to the Local Board of Health for four (4) variances from
Chapter 136 to allow a seepage pit to be located:
1. One-hundred forty feet (140') from a neighbor's well instead of the required one-hundred fifty foot (150')
setback;
2. Sixty-six feet (66') from a neighbor's well instead of the required one-hundred fifty foot (150') setback;
3. One-hundred fourteen feet (114') from a neighbor's well instead of the required one-hundred fifty foot
(150') setback; and
4. Ninety-seven feet (97') from a neighbor's well instead of the required one-hundred fifty foot (150')
setback;
on property located at 54 Reardon Road, Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on August 2nd, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,
to consider Donna Hurley's sewage disposal variance application concerning her property located at 54
Reardon Road, Queensbury and bearing Tax Map No.: Section 45, Block 3, Lot 10 and at that time all
interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to
publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors
located within 500 feet of Ms. Hurley's property as required by law.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
BOARD OF HEALTH RESOLUTION NO. 38, 1999
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Douglas Irish
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters
Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES:
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES:
None
ABSENT:
None
REGULAR SESSION
CONTINUATION OF PUBLIC HEARING - PROPOSED LOCAL LAW
STORMW ATER MANAGEMENT
7:18 P.M.
SUPERVISOR CHAMPAGNE-We're into a public hearing on the continuation, if you will, for a proposed
local law, Stormwater. So, we'll open that public hearing. Anyone here to voice an opinion on the
Stormwater Regulations for the Town of Queensbury? We're going to try and limit this to five minutes, too
if we can. Does that give you plenty of time?
MR. SALVADOR-How long did you take in your workshop, Mr. Supervisor?
SUPERVISOR CHAMP AGNE- The workshop that we just had?
MR. SALVADOR-Yes, a couple of weeks ago.
SUPERVISOR CHAMP AGNE-I don't know, forty-five minutes maybe.
COUNCILMAN IRISH-But it was open to the public, John.
MR. SALVADOR - I know it was. As I understand, this is a continuation of the public hearing held on June
21st. At that hearing I urged you not to adopt the Lake George Park Commission's model stormwater
ordinance. If you recall, I mentioned the fact that stormwater and wastewater are companion commission
regulatory programs authorized within the same section of their enabling legislation Chapter 617 of the
laws of 87. I believe these two regulatory programs should be evaluated and adopted at the same time in
unison for all of the same reasons outlined previously. One can not stand without the other. The first
attempt of promulgation of wastewater regulations were New York State Supreme Court nullified and have
yet to be re-promulgated. There has been ample time to re-promulgate and the commission has not taken
action as of this date. As to these stormwater regulations it's also my contention that without too much of a
stretch, there might not be such a thing as a minor project according to this model ordinance. All projects
in North Queensbury could easily be categorized as major projects. Tonight, I would like to have you
consider once more not adopting the Park Commission's model ordinance for reasons other than the fact
that the stormwater runoff in our town that this ordinance will address is not really considered much of a
lake pollution problem. Remember, runoff from state highways, county and town roads are not regulated
as a part of 6 NYCRR 647-4 of September 1998. This aspect has been taken over by the Park Commission
and is covered by a Memorandum of Understanding with the DOT. Rather than this town implementing,
administering and enforcing the Park Commission's model Stormwater Management Ordinance, I would
like to suggest that we let the Commission administer and enforce it's Stormwater Management regulations
in our town as promulgated in September of 1998. Take a page out of the Commission's docks, wharves
and moorings regulations as well as their Class A and Class B Marina permitting programs on the town's
vessel regulation zones. That's a program they administer one hundred percent themselves. We go there
for a permit, the town doesn't have anything to do with it. Since the June 21st public hearing, this board
has had a workshop session with the Lake George Park Commission. Although, I was unable to attend, I
do have a copy of the minutes of that session. That meeting opened with Mr. Irish concern for the cost to
administer this ordinance. There must have been a long discussion but in the end it sounds as though you
accepted Tom Jarrett's estimate of two hundred dollars for the town's administrative cost of a minor project.
How far does two hundred dollars go in the Community Development Department? How many hours?
Tom Jarrett's estimate of two hundred dollars to cover the town's cost of administering a minor project is
only the beginning. Think of the cost and time of a smaller developer or homeowner will bear in case the
project is determined to be major. You've got to hire a New York State Licensed Engineer. Somebody has
got to interpret the ordinance, determine whether it's major or minor. Fifteen thousand square feet may
sound like a big area but it's the total area of disturbance. That's a third of an acre. If you develop a third
of an acre, and maybe you've got a fence over here and a walkway over there and you clear some brush
over here and you have some plantings up here, are you developing fifteen thousand square feet or is it just
the four thousand square feet of the house? So, I maintain this fifteen thousand square feet should be better
determined, better defined as to what it could include. A walkway down to the boathouse if you will.
Also, we have in our ordinance, the Planning Board must approve hard surfacing within fifty feet of a water
body and then we don't have any definition of what hard surfacing is. Sometime after September 1990 a
determination was made that the originally adopted stormwater regulations required amendment. The Lake
George Park Commission filed a Notice of Rule Making Activity which appears in the New York State
Register on September 9th, 1998, wherein the commission stated that changes do not necessitate revisions
to the previously published regulatory impact statement, regulatory flexibility analysis and rural area
flexibility analysis. Revisions were not required because the 1998 revisions made to the original 1990
regulations were considered to be non-substantive. That is removal of the highways from this whole ...,
was considered to be non-substantive. What were we talking about for five years on these regulations? It
was the highways were the problem. The 1990 regulatory impact statement on the record because we didn't
have to revise it, so it's on the record and underlies the justification for these regulations speaks to the cost
of ninety-three thousand dollars for a typical for a one hundred lot subdivision. How many one hundred lot
subdivisions are anticipated in North Queensbury? Anyway, that adds up to nine hundred and thirty dollars
a lot. Say a thousand dollars a lot with inflation and price escalations since 1990. However, there maybe
many five lot subdivisions for which stormwater management plan, design, approval, construction,
maintenance recording and bonding could cost the same hundred thousand dollars or twenty thousand
dollars per subdivision unit. How about the cost to the homeowner who qualifies as a major project. The
same regulatory impact statement shows a twenty-five thousand dollar estimate for stormwater
management plan for a fifty unit motel. Only five hundred dollars a unit. There's not likely to be a new
motel built in North Queensbury. There could be a fifty unit addition to an existing resort facility for which
a stormwater management plan for the total site could cost twenty thousand dollars per new unit. Excuse
me, two thousand dollars per new unit. That's about ten percent of the cost of building a resort, lodging
facility. They run about fifteen to twenty thousand dollars per unit. So, two thousand dollars is adding
about ten percent to the cost. Mr. Merrill expressed concern for one stop shopping. We would not have
that even if we adopted the commission's regulations. I believe there's provision in there for logging, tree
harvesting. You've got to get a plan, a soils, from the soil conservation service, you've got to get a plan
approved from them. So, it's not one stop shopping. In the enabling legislation authorizing the Park
Commission to promulgate stormwater and stream corridor management regulations, the Warren County
Board of Supervisors and the State Legislature anticipated such an impasse as we have tonight. ECO 43-
o 1121D states that any municipality located in whole or in part within the park may enter into an agreement
with the commission for the commission to develop the municipality stormwater management plan. Such
an agreement must be entered into within ninety days of the effective date of the commission's rules and
regulations adopted pursuant to this subdivision and if such an agreement is not made in such time period
and the municipality fails to meet the requirements of paragraph A of this subdivision, the commission
shall be deemed to have the authority to develop such a plan. My point here is the town has a choice. Let
the Lake George Park Commission administer and enforce their own part 646-4. This approach would not
be inconsistent with our regulatory affairs of the Lake George Park Commission. They have a sign
ordinance. I don't know as though it's enforced in the town. We have our own sign ordinance, there's
confusion as to what governs. They issue permits for Class A and Class B Marinas. The town has
absolutely nothing to do with it. It seems to work. There are other good reasons why the town should not
adopt the model ordinance. The commission is authorized and organized to do the job. They're doing it in
four towns, you heard that mentioned before and they seem to have little difficulty doing it. They have a
trained staff in place. They're even willing to give technical consulting services. The commission is
organized as a project review committee, subcommittee. Best of all, they're funded. They're funded to do
this sort of thing from boat fees, dock fees, fees through the navigation law and snowmobile permits. I
attended the Lake George Town Board meeting last Tuesday night, I believe it was where Jim Martin
whose working for the LA Group presented a progress report to the town on their development of what
they're going to call erosion sedimentation and stormwater runoff. They have taken this model ordinance
and they've cut it apart to their liking and fundamentally, I think what they're going to do is have their own
ordinance. If the commission is not satisfied with this, the commission can enforce it's own ordinance.
Right now, the Town of Lake George, the town does not have a sign ordinance. It's left to the commission
to enforce the sign ordinance in the Town of Lake George. Everybody seems to be happy with it. So, the
commission has, as a say, experience, they have a program in play, they have people in place, they have
funding, let them do it. They seem to have the know how and understanding and maybe we should step
back from it and let them enforce their own regulations.
SUPERVISOR CHAMP AGNE- Thank you, John. Anyone else care to speak pro or con? Board?
COUNCILMAN MERRILL-I would like to ask Mr. Round for his position on this?
CHRIS ROUND, EXECUTIVE DIRECTOR-I guess Mr. Salvador raised a couple of questions that I'll just,
that I'll respond to in regards to minor projects versus major projects. That's something that we've heard
several times, both at the workshop session and at our previous Town Board public hearing. There is a
clause in the ordinance that allows us to declare any minor project as major project, if, at the discretion of
the enforcement officer that it's warranted. That's, that has not happened with the Park Commission's
enforcement for the three towns that they're administering the regulation for. They've had two major, two
minor projects declared as major projects. That's the instances of severe slopes on site, whether it's shallow
depth of bed rock, difficult site constraints that makes good sense to have an engineer get involved with
stormwater management measures. Cost is two hundred dollars to the town. I did draft you a memo. The
Park Commission did do an analysis of what the costs were going to be to both municipality and project
developers. The two hundred dollar figure is based, is for minor projects and that's assuming that there is
not an administering mechanism in place. Right now, we administer building permits to all those projects
that would be considered minor projects. So, we have people that are visiting sites, that we would have to
do an inspection for. We have people reviewing the project, a building permit project that will have to
then, instead of just reviewing building permit issues, will have to review stormwater management issues as
well. So, there will be added time into our review process and there's a cost associated with that. It's very
difficult to place dollar figures on administrative costs at that level but I think they did a fair job of that.
The two hundred dollars is probably a pretty good figure. We do
COUNCILMAN IRISH-Chris, can I stop you.
MR. ROUND, EXECUTIVE DIRECTOR-Sure.
COUNCILMAN IRISH-You confused me there. Are you saying that the two hundred dollars that Mr.
White has quoted would cover those administrative costs? Or we would have costs over and above that?
MR. ROUND, EXECUTIVE DIRECTOR-That would be our administrative costs to do that.
COUNCILMAN IRISH-So, it looks like it's a fair price.
MR. ROUND, EXECUTIVE DIRECTOR-Correct.
COUNCILMAN IRISH-For what we're going to have involved.
MR. ROUND, EXECUTIVE DIRECTOR-Correct. We do have, the major projects that are going to occur
in the town, are going to have to go through, they're not going to have to go through any new review
process. A major project from a stormwater management perspective is, there are thresholds established in
the law, that's in excess of fifteen thousand square feet disturbances, that discretionary threshold that we
have. It's for subdivisions greater then four lots. Those projects are always going to have to go to our
Planning Board regardless of whether this stormwater management regulation goes into effect. Those
projects are going to have to deal with stormwater on site, regardless of whether this ordinance goes into
effect. So, there's not to be a substantial change to dealing with stormwater for major projects. A hotel
being constructed on Lake George is going to have to deal with stormwater because of our site plan review
process and that this ordinance is not going to place any greater burden on that individual then is already
placed on them today. I would be happy to answer any other questions that you might have.
SUPERVISOR CHAMPAGNE-Anymore from the board? I guess in the final analysis, and I did talk with
Mike and I did speak to this during the workshop that, I mean the final verdict is really from the town. Is
that correct? I mean, you as a Park Commission, you have no authority really to overrule what we identify
as a major, minor, whatever. You certainly have input, as an interested agency but the final countdown
really is a result of the board action, or Planning Board action. You know, I've read this thing a dozen
times. There were issues in there that I took exception with, there's no question about that. I think that my
comfort level now is such as to support it. I'm supporting it on the basis of, what are the other alternatives
and I have some difficulty in turning this over to the Lake George Park Commission. As a Town Board,
we're not Hague, we're not Bolton Landing, we're not Ticonderoga, we're Queensbury and I think that we
have a different element in many cases in terms of the demands of the public and I'm ready to move
forward. So, with that said, anything more from the board?
COUNCILMAN MERRILL-No, I think we recognize that the ordinance is a mandate. My belief is that
with home rule we have better control on it and I think it can be most effectively enacted by folding it into
our normal planning process. I think it's the best way we can serve the public.
SUPERVISOR CHAMPAGNE-Anything more?
COUNCILMAN TURNER-No, my concern was the money but obviously Chris answered that question
when I addressed him about that and I feel comfortable that we should manage it ourselves because we're
going to be there anyway.
SUPERVISOR CHAMPAGNE-Okay.
COUNCLIMAN IRISH-Fred, I'd just like to add that, without any disrespect intended for Mike White and
his group, that I had a real problem with this to begin with but I think that the Town of Queensbury should
be, as Dick says, based on our, the home rule law, should be the one to enforce these regulations. And Fred
and I have talked about how the state is kind of taking over a lot of municipalities and how they manipulate
the municipalities into regulating everything and my hope would be that, eventually we can make the Lake
George Park Commission irrelevant to any kind of planning and zoning and hopefully they would go by the
wayside. So, for that reason, I'm going to support the Stormwater Management Plan.
SUPERVISOR CHAMPAGNE-Okay, are we ready to entertain a motion? We'll close the public hearing.
PUBLIC HEARING CLOSED
7:38 P.M.
RESOLUTION TO ENACT LOCAL LAW ON STORMW ATER MANAGEMENT
RESOLUTION NO. : 225, 1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Resolution No. 61,99, the Queensbury Town Board approved a Draft Stormwater
Management Plan for Portions of the Lake George Watershed within the Town of Queensbury (the "Plan")
dated October, 1997 and directed the Executive Director of Community Development to forward the Plan
to the Lake George Park Commission for final review and approval, and
WHEREAS, the Lake George Park Commission, as lead agency for the Lake George Park
Stormwater Management Program, also approved the Plan by Resolution, reviewed the Final Generic
Environmental Impact Statement (FGEIS) and prepared a Statement of SEQRA Findings, a copy of which
has been presented at this meeting, and
WHEREAS, the Queensbury Stormwater Advisory Committee reviewed the Plan in its final form,
reviewed the Lake George Park Commission Model Stormwater Management Ordinance and
recommended that the Town Board adopt the Plan and related Local Law, and
WHEREAS, before the Town Board may adopt the Plan and Local Law, the Town Board must
conduct a public hearing, and
WHEREAS, after proper public notice, the Town Board conducted public hearings on the
proposed Stormwater Management Local Law on June 21st, June 24th, and July 19th, 1999, and
WHEREAS, the Town Board wishes to enact the Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby affirms and adopts the
SEQRA Findings Statement previously approved by the Lake George Park Commission, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the Stormwater
Management Local Law presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Queensbury Town Clerk to enter the Local Law in the minutes of this Town Board meeting and file it in
the Office of the New York Secretary of State and the Local Law shall take effect upon such filing.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
LOCAL LAW NO.: 40F 1999
STORMW ATER MANAGEMENT LOCAL LAW FOR THE
TOWN OF QUEENSBURY
SECTION 1 - SHORT TITLE. This shall be known as the Stormwater Management Local Law for the
Town of Queensbury.
SECTION 2 - FINDINGS OF FACT. The Town of Queensbury (Town) finds that uncontrolled drainage
and runoff associated with land development has a significant impact upon the health, safety and welfare of
the community for the following reasons:
A. Stormwater can carry pollutants into receiving water bodies and degrade water quality.
B. The increase in nutrients in stormwater runoff accelerates eutrophication of receiving waters.
C. Improper design and construction of drainage facilities can increase the velocity of runoff thereby
increasing stream bank erosion and sedimentation.
D. Construction requiring land clearing and the alteration of natural topography tends to increase
erosIOn.
E. Siltation of water bodies resulting from increased erosion decreases the capacity of the water
bodies to hold and transport water, interferes with navigation, and harms flora and fauna.
F. Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to
percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
G. Improperly managed stormwater runoff can increase the incidence of flooding and the level of
floods which occur, endangering property and human life.
H. Substantial economic losses can result from these adverse impacts on the waters of the Town of
Queensbury.
I. Many problems can be avoided if sound stormwater runoff management practices are in effect.
SECTION 3 - EFFECTIVE DATE. The effective date of this Local Law shall be
SECTION 4 - STATUTORY AUTHORITY. Article 9 of the Town Law and Environmental Conservation
Law (43-0112.
SECTION 5 - PURPOSE AND OBJECTIVES. The purpose of this Local Law is to protect and safeguard
the general health, safety, and welfare of the public residing in or visiting the Town of Queensbury by
preserving and protecting the quality of the ground and surface waters. This Local Law has the following
specific objectives:
1. prevent any increase in stormwater runoff from any development in order to reduce flooding, siltation,
and stream bank erosion;
2. prevent any increase in pollution caused by stormwater runoff from development which would otherwise
degrade the quality of water in Lake George and its tributaries and render it unfit for human consumption,
interfere with water based recreation or adversely affect aquatic life; and
3. prevent any increase in the total annual volume of surface water runoff which flows from any specific
site during and following development over that which prevailed prior to development.
SECTION 6 - DEFINITIONS. The terms used in this Local Law or in documents prepared or reviewed
under this Local Law shall have the meanings set forth in Schedule A of this Local Law.
SECTION 7 - JURISDICTION. General Applicability: This Local Law shall apply to all building,
construction, land clearing and subdivision of land located both within the Lake George Park and Town of
Queensbury, both public and private, except development which is expressly exempt in accordance with (8
H of this Local Law. Permits and approvals required by this Local Law may be incorporated into the site
plan, land use or zoning approvals issued under separate provisions of the municipality's land use program.
SECTION 8 - PROHIBITIONS.
A. Except for the activities exempted in paragraph H. of this section, no person shall build, construct,
erect, expand, or enlarge any building or structure or place or construct any impervious surface such as
pavement, blacktop, macadam, packed earth and crushed stone without first receiving a stormwater
management permit from the municipality unless otherwise exempted herein.
B. No person shall create a subdivision of land subject to approval by the municipality until first
receiving a stormwater management permit from the municipality for all buildings, structures and
impervious surfaces proposed to be created except that the terms of this Local Law shall not apply to
persons engaged in activities for which required municipal permits and approvals were issued prior to the
effective date of this Local Law.
C. No owner of real property shall maintain a condition, which due to a human disturbance of land,
vegetative cover or soil, results in the erosion of soil into any water body. The municipality shall notify a
property owner of such condition on his property and shall afford a reasonable time period to correct any
such condition before a violation shall be deemed to exist.
D. Except for the activities exempted in paragraph H of this section herein, no person shall operate a
land clearing machine such as a back hoe, grader or plow or similar device so as to clear or grade land or
otherwise remove vegetative cover or soil or to overlay natural vegetative cover with soil or other materials
when such activities involves an area of land greater than 5000 square feet without first having received a
permit under this Local Law.
E. No person shall fail to comply with any provision or requirement of any permit issued in
accordance with this Local Law.
F. No person shall create a condition of flooding, erosion, siltation or ponding resulting from failure
to maintain previously approved stormwater control measures where such condition is injurious to the
health, welfare or safety of individuals residing in the Park or injurious to any land within the Park. The
Town shall notify a property owner of such condition on his property and prescribe measures necessary to
reestablish effective performance of the approved stormwater control measures. The Town shall afford
such property owner a reasonable time period in which to correct any such condition, before a violation is
deemed to exist.
G. No person shall build, alter or modify a stormwater control measure without first receiving a
permit from the Town. Such building, alteration and/or modification does not include the ordinary
maintenance, cleaning and/or repair of stormwater control measures.
H. The following activities are exempt from the requirements of this Local Law:
(1) Emergency repairs to any stormwater control measure.
(2) Development involving land disturbance and land clearing of less than 5000 square feet which does not
result in the creation of new impervious surfaces of more than 1000 square feet.
(3) Any logging and agricultural activity which is consistent with a soil conservation plan approved by the
appropriate County Soil and Water Conservation District or a timber management plan prepared or
approved by the Department, as applicable.
(4) Any building, construction or land clearing occurring outside the drainage basin of Lake George from
which all stormwater discharged from the development site is discharged outside of the basin.
(5) Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants
primarily for use by that person and his or her family.
(6) Construction of an approved wastewater treatment system and construction of a wharf, dock, boathouse,
and mooring.
SECTION 9 - PROJECT CLASSIFICATION FOR STORMW ATER MANAGEMENT.
A. Minor Projects. The following development activities shall be considered to be minor projects.
(1) Any building, land clearing or development activity affecting less than 15,000 square feet.
(2) Creation of a two-lot, three-lot or four-lot subdivision which may result in the construction of no more
than one single-family residential structure and related accessory structures per lot, and will require land
clearing or alteration activities ofless than 15,000 square feet per lot and less than 15,000 square feet total
for any subdivision road.
(3) Any building, alteration, or modification of a stormwater control measure, excluding maintenance,
cleaning or repair of such stormwater control measure.
B. Major Projects. Any project not expressly exempted from regulation or defined as a minor
project shall be a major project.
(1) The following may be considered to be major projects:
(a) Any part of the activity listed in Section 9. A. (1),(2) or (3) which occurs on (i) soils of high potential
for overland or through-soil pollutant transport; (ii) an area with a slope of fifteen percent (15%) or greater
when measured in any direction over a distance of one hundred (100) feet from the center of the proposed
building site; (iii) or an area with a soil percolation rate slower than sixty (60) minutes per inch.
(b) Any minor project may be treated as a major project if such treatment is desirable due to specific site
limitations or constraints, anticipated environmental impacts, or the need or advisability of additional
public notice and comment. When determining whether to treat a minor project as a major project, the
criteria to be considered shall include, but shall not be limited to, whether the site lies within or
substantially contiguous to any of the following: (i) a Critical Environmental Area established in
accordance with SEQRA; (ii) a wetland; (iii) a stream corridor; (iv) an area of significant habitat for any
wildlife or plant species; (v) or an area of particular scenic, historic or natural significance.
The project sponsor of a minor project that will be treated as a major
project shall be given a written statement of the reasons for such a
determination.
SECTION 10 - DESIGN REQUIREMENTS AND PERFORMANCE
STANDARDS
A. Minor Projects. The following requirements shall apply to minor projects:
(1) Stormwater shall be managed on-site using stormwater control measures designed to afford optimum
protection of ground and surface waters. Stormwater control measures shall be selected by giving
preference to the best management practices for pollutant removal and flow attenuation as specified in
Schedule C. Stormwater may be calculated in accordance with the methodology for determining
stormwater volume and flow rates for major projects found in Schedule B, Part III or, in the alternative, at a
flat rate of 1.5 gallons of stormwater for every square foot net increase in impervious area. Net increase is
the difference between pre-development and post -development conditions. All water from newly created
impervious areas which would otherwise run off the parcel shall be directed to an infiltration device.
Location of the infiltration devices shall be determined based upon soil test results.
(2) Stormwater control measures may include, but shall not be limited to, dry wells of precast concrete, pits
of crushed rock lined with geotextile fabric, and infiltration trenches. Such measures may also include
natural and human made landscape features such as depressions, blind ditches, retention ponds, swales and
others. Inlets to infiltration devices shall be protected from sediment at all times in order to maintain their
capacity.
(3) Infiltration devices shall not be installed up gradient within twenty (20) feet of the subsurface treatment
system of a wastewater treatment system. Infiltration devices for roadways, parking lots, and other areas
subject to vehicle traffic shall not be installed within 100 feet of any water well, wetland or water body.
(4) Infiltration devices and buildings shall be designed to maintain maximum attainable horizontal distance
separation from wells, water bodies and wetlands. Pumping stormwater shall not be permitted.
(5) The bottom of any infiltration device shall be a minimum of two feet above seasonal high ground water
mark and two feet above bedrock.
(6) Temporary erosion controls shall be required to prevent siltation of water bodies during construction.
(7) Stormwater control measures proposed to be installed at locations with slope> 15% before grading, soil
percolation rate slower than 60 minuets per inch or which require placement of fill to meet horizontal
distance separations specified in this subpart shall be designed by a licensed professional engineer, architect
or exempt land surveyor.
B. Major Projects.
(1) Stormwater volumes and rates of flow shall be calculated using the methods specified in Schedule B
Part III.
(2) Design Requirements for Stormwater Control Measures.
(a) Stormwater control measures shall be designed so that there will be no increase in runoff volume from a
ten-year frequency/twenty-four hour duration storm event following development over the pre-
development volume.
(b) For storm events exceeding the lO-year design storm, the stormwater control measures shall function to
attenuate peak runoff flow rates for a 25-year frequency storm to be equal to or less than predevelopment
flow rates. For development greater than five (5) acres, consistent with New York State Guidelines,
stormwater control measures shall function to attenuate peak runoff flow rates for a 100-year storm to be
equal to or less than predevelopment flow rates. Attenuation of the 100-year storm is intended to reduce
the rate of runoff from development to prevent expansion of the 100-year flood plain so as to alleviate
flooding of improved properties and roadways. The minimum requirement for peak flow attenuation can
be waived for the 100-year storm event where it can be proven that downstream flooding is not a concern,
such as where excess stormwater runoff is discharged to Lake George or to a regional stormwater facility
designed to handle additional volume and peak discharge.
The cumulative effect of all proposed development projects within the watershed should be considered in
making this determination. Rainfall intensity curves for Lake George, New York shall be used in the
design of the stormwater control measures. These curves are annexed to this Local Law as Schedule D
entitled Rainfall Intensity Curves. Additionally, for development greater than five (5) acres, coverage is
required under a State Pollutant Discharge Elimination System (SPDES) General Stormwater Permit
administered by the Department of Environmental Conservation.
(c) Infiltration devices shall be designed such that the bottom of the system will be a minimum of two feet
above the seasonal high groundwater level to be realized following development. Where compliance with
this requirement would prevent compliance with subparagraph (e) of this Section, compliance with this
requirement may be waived. This provision shall not apply to wet ponds and similar stormwater control
measures which are designed to be built in the saturated soil zone.
(d) Infiltration devices for major projects shall be located a minimum of one hundred (100) feet from Lake
George and any down-gradient drinking water supply, lake, river, protected stream, water well, pond,
wetland; a separation of more than one hundred (100) feet may be required in cases where contamination of
the water supply is possible due to highly permeable soils, shallow groundwater and similar situations. The
separation distance shall be a minimum of fifty (50) feet from up-gradient water supplies. Designs shall
mitigate adverse effects that groundwater recharge will have on adjacent wells, water supplies, wastewater
treatment systems, buildings, roadways, properties, and stormwater control measures. Stormwater recharge
areas shall be located a minimum of one hundred (100) feet from the subsurface treatment system of a
wastewater treatment system unless it is demonstrated that a lesser separation will not adversely affect the
functioning of such leach fields.
(e) Infiltration devices shall be designed to extend a minimum of ten percent of the infiltration surface area
below the prevailing frost depth or four feet (whichever is greater) in order to provide infiltration during
winter months.
(f) Infiltration devices shall be designed based on the infiltration capacity of the soils present at the project
site. Soil evaluation methods shall be in accordance with Schedule B, Part IV, Soil Evaluation Methods.
(3) Additional Requirements for Major Projects.
(a) Stormwater control measures shall be used in the following order of preference: (i) infiltration devices;
(ii) artificial wetlands and acceptable natural treatment systems; (iii) flow attenuation by use of open
vegetated swales and depressions; (iv) stormwater detention. Stormwater control measures shall be
selected by giving preference to the best management practice for pollutant removal and flow attenuation as
indicated in Schedule C.
(b) All stormwater control measures shall be designed to completely drain to return to design levels in
accordance with the following: infiltration basin 5 days; infiltration trench 15 days; dry well 15 days;
porous pavement 2 days; vegetation depression 1 day.
(c) Pretreatment devices such as sediment traps, detention/stilling basins, filter strips, grassy swales, or
oil/water separators shall be provided for runoff from paved areas or other areas subject to human-induced
pollution including grease and oils, fertilizers, chemicals, road salt, sediments, organic materials and
settleable solids, which shall be sufficient to remove pollutants from the runoff.
(d) Stormwater control measures shall, at a minimum, incorporate the best available pollutant removal
technology, which shall mean that which constitutes appropriate and cost effective means for removing
pollutants from runoff so that the resulting treated stormwater will not degrade the water quality of any
water body.
(e) Stormwater control measures shall be designed to preserve and maintain the base flow in all streams
passing through, adjoining or receiving runoff from the site.
(f) For development or redevelopment occurring on a site where development has previously occurred, the
applicant shall be required to prepare concept plans and to develop construction estimates for stormwater
control measures to control existing stormwater discharges from the site in accordance with the standards
of this Local Law to the maximum extent practicable. At a minimum the control measures shall include
those reasonable and necessary to infiltrate the runoff from the first one-half inch of precipitation from any
storm event for all areas within the site which have been previously developed. The phased implementation
of such stormwater control measures for previously developed areas may be authorized.
C. General Requirements For Major and Minor Projects. The following requirements shall
apply to major and minor projects:
(1) Stormwater control measures shall include such other measures as are deemed necessary to prevent any
increase in pollution caused by stormwater runoff from development which would otherwise degrade the
quality of water in Lake George and its tributaries, render it unfit for human consumption, interfere with
water-based recreation or
adversely affect aquatic life.
(2) Emergency overflow provisions shall be made as necessary to prevent erosion, flooding, and damage to
structures, roads and stormwater control measures.
(3) Stormwater control measures shall be designed to minimize adverse impacts to water bodies, minimize
disturbance of water bodies, minimize land clearing, minimize the creation of impervious surfaces, and to
maximize preservation of natural vegetation and existing contours.
(4) Development which involves the creation of areas subject to intensive landscape maintenance such as:
golf courses, public parks and botanical gardens, shall require that a pest control and fertilizer management
plan shall be prepared and included with the permit application.
SECTION 11 EROSION CONTROL MEASURES.
A. Temporary erosion control shall be provided for all disturbed areas in accordance with the "New
York Guidelines for Urban Erosion and Sediment Control". The temporary erosion control measures shall
be maintained continuously until permanent control measures are in service. Infiltration devices shall be
protected from siltation during the period of construction and until the site is successfully re-vegetated by
use of silt screens, inlet protection devices, sediment detention ponds or other suitable erosion control
measures.
B. Staging of construction to facilitate erosion control shall be required. Only those areas where
construction is actively occurring shall remain open and unvegetated. All areas that are not within an
active construction area shall be mulched and stabilized or shall be mulched and re-vegetated. An active
construction area is defined as one that has seen substantial construction within the past seven (7) calendar
days. Mulching or re-vegetation for erosion control shall be completed within ten (10) days following the
last substantial construction activity.
C. Compliance with the following restrictions shall be required.
(1) No vegetation shall be felled into any lake, pond, river, stream or intermittent stream and if
inadvertently felled into one of these water bodies, shall be removed immediately from the water body.
(2) Within five hundred feet of the mean high water mark of any lake, pond, river, stream, or wetland, no
land area, including areas stockpiled with earthen materials, which has been cleared may be made or left
devoid of growing vegetation for more than twenty-four (24) hours without a protective covering securely
placed over the entire area and/or erosion control measures properly installed to prevent sediments from
entering the water body. Acceptable protective coverings include natural mulch of a depth of two inches,
rock rip-rap, non-degradable materials such as plastic or canvas coverings, and impervious structures.
(3) Any area of land from which the natural vegetative cover has been either partially or wholly cleared or
removed by development activities shall be re-vegetated within ten (10) days from the substantial
completion of such clearing and construction. Acceptable re-vegetation shall consist of the following:
(a) Reseeding with an annual or perennial cover crop accompanied by placement of straw mulch or its
equivalent of sufficient coverage, but not less than fifty percent (50%) of the total disturbed area, to control
erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area.
(b) Replanting with native woody and herbaceous vegetation accompanied by placement of straw mulch or
its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of
controlling erosion.
(c) Any other recognized method which has been reviewed and approved by the municipality as satisfying
the intent of this requirement.
(4) Any area ofre-vegetation must exhibit survival of a minimum of seventy-five percent (75%) of the
cover crop throughout the year immediately following re-vegetation. Re-vegetation must be repeated in
successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved.
(5) Ground clearing or grading activities which occur during the period October 15 to April 15, during
which germination of vegetation typically will not take place, shall be required to incorporate extra
measures during re-vegetation in order to reduce erosion and maintain water quality. These extra measures
include, but are not limited to, the use of screen mesh, netting, extra mulch, and siltation fences.
SECTION 12 - MAINTENANCE OF STORMWATER CONTROL
FACILITIES REQUIRED.
A stormwater permit shall include, at a minimum, provisions for the future maintenance of the site,
consistent with the following:
A. Applicability. Prior to issuance of a certificate of completion for any major project, or any minor
project where it is deemed necessary, the project sponsor shall provide for arrangements for the future
maintenance of stormwater control measures subject to the approval of the Town of Queensbury. This may
include, but not be limited to, the following: approval of the by-laws and/or certificate of incorporation of a
transportation corporation or Homeowners Association; posting of a performance bond; placing of funds on
deposit; and a stormwater management maintenance agreement between the owner(s) of the site and the
municipality consistent with the terms and conditions of Schedule E entitled Sample Stormwater Control
Facility Maintenance Agreement.
B. Purpose. Stormwater management maintenance arrangements shall be those necessary to ensure
that stormwater control measures are maintained in working condition throughout the life of the project.
C. Notice. The stormwater management maintenance agreement shall be recorded in the office of the
County Clerk or its terms shall be incorporated into covenants appearing in the deed, declarations of
covenants and restrictions or other such documents to ensure that record notice of its terms is provided to
future owners of the site. It shall also be included in the offering plan, if any, for the project.
D. Initial Maintenance Security. The project owner(s) or sponsor shall establish a maintenance
security in the form of a bond, letter of credit, escrow account, or other acceptable security, for the purpose
of rebuilding, maintaining or repairing the stormwater control facilities during the first two years following
the approved completion of construction.
SECTION 13 - PERMIT APPLICATION REVIEW PROCEDURES.
A. Plan Review. It is the responsibility of the applicant to provide a detailed plot plan showing the
location and dimensions of all existing and proposed structures and impervious surfaces, water courses,
water bodies, wetlands, wells, septic systems, and stormwater control measures on the site and within 100
feet of the site, and a location map of the site. Applications shall be submitted on forms prescribed by the
Town of Queensbury and shall require an application fee, tax map number of affected parcels, a completed
Part 1 Environmental Assessment Form, if required, and names and addresses of adjacent parcel owners as
required.
B. Minor Projects. The Code Compliance Officer(s) (either Zoning or Building and Codes) of the
Town of Queensbury shall have primary responsibility for the review, approval and issuance of stormwater
management permits for minor projects. The Code Compliance Office may request technical assistance
from the Commission.
(1) Prior to permit decisions a test pit may need to be witnessed.
(2) The Code Compliance Officer shall determine whether notice to adjacent owners is warranted by public
interest or other considerations.
(3) Prior to the issuance of a permit for any project, the Code Compliance Officer shall determine that the
project as proposed is in accordance with the design standards of this Local Law.
C. Major Projects. Major projects shall require site plan review in accordance with Municipality's
Land Use Local Laws.
(1) Preparation of a Stormwater Control Report (SCR) in accordance with Schedule B Part II is required.
Preparation of a Stormwater Concept Plan (SCP) in accordance with Schedule B, Part I may be required if
deemed necessary by the municipality. The SCP and SCR shall be prepared by an engineer or architect or
exempt land surveyor licensed to practice under the laws of the State of New York, who shall be employed
by the applicant or developer to design and supervise the installation of all stormwater management
facilities. Stormwater management shall be within the area of expertise of the particular individual or firm
performing the design and construction supervision, and if requested, that individual or firm shall furnish a
listing and description of all stormwater management projects designed or supervised by them within the
past five (5) years.
(2) Approval of the Stormwater Concept Plan and stormwater control report may require a public hearing if
the Municipal Zoning and Subdivision Local Laws require such a hearing.
(3) The Final Subdivision Plat shall contain stormwater control measures for all commonly owned roads,
buildings, parking areas and impervious areas. Approved stormwater design plans shall be filed together
with the Final Subdivision Plat with the County Clerk.
(4) Prior to the approval of the Final Subdivision Plat or commonly owned facilities, it shall be first
determined that there is sufficient information to support a finding that the stormwater measures subject to
future approval can be designed and constructed in accordance with this Local Law.
SECTION 14 - CRITERIA FOR ISSUANCE OF STORMW ATER CONTROL PERMITS.
A. An application for a stormwater control permit may be approved, denied, or approved with
modifications or conditions, including modifications to non-stormwater aspects of the development
necessary to achieve the required level of stormwater management.
B. No stormwater management permit shall be issued unless the Town of Queensbury makes the
following findings which shall be supported by substantial evidence. The facts supporting such findings
shall be set forth in the decision document or permit. The issued permits shall set forth all required
conditions and incorporate all necessary documents and maps. The findings are as follows:
(1) That the project meets the design requirements and performance standards set forth in this Local Law.
(2) That the project will not have an undue adverse impact on the health, safety and welfare of the public or
on the resources of the Lake George Park and will not lead to a diminution of water quality, an increase in
erosion, or an increase in stormwater runoff from the site either during or following construction.
(3) That the stormwater control measures proposed for the proposed project will function as designed and
that such measures represent the best possible methods and procedures for controlling stormwater runoff
that is feasible and practicable at the particular project site.
(4) That adequate and sufficient measures have been taken to ensure accountability and responsibility over
the life of the project should the stormwater control measures not function as intended, fail, or suffer from
inadequate maintenance to ensure its proper functioning. The Town of Queensbury may require formation
of a Homeowner's Association registered in accordance with (352-E of the New York State General
Business Law and execution of a Maintenance Agreement consistent with Schedule E.
(5) That the proposed project will not contribute to flooding, siltation or stream bank erosion and will not
result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater
runoff.
SECTION 15 - VARIANCES.
A. If during the review of an application it is determined that the application of any design or
dimensional requirement contained in this Local Law will result in the denial of the project, the applicant
shall be afforded an opportunity to modify the project plans or in the alternative to make application for a
variance. Upon denial of any permit application for a project for failure to conform with specific
provisions of this Local Law, the applicant may make an application for a variance.
B. If the applicant determines that any aspect of the project cannot meet any design or dimensional
requirement contained in this Local Law, the applicant may make direct application for a variance to the
Zoning Board of Appeals.
C. Variance applications shall be on such forms as may be prescribed and shall conform with and
contain the permit application requirements set forth in this Local Law.
D. The granting of any variance shall be done in accordance with (267-a and 267-b of the New York
State Town Law and any amendments thereto as appropriate provided, however, that the grant of any
variance to the shoreline or cutting restrictions of ~806 of the Adirondack Park Agency Act (Executive
Law, Article 27) must be in compliance with that section and ~807 of the Act, if applicable.
E. No variance shall be granted by the Town of Queensbury until first providing notice to the
Commission a minimum often (10) days in advance. The Commission shall be deemed a party to the
proceeding.
SECTION 16 - ENFORCEMENT AND PENALTIES. Violations. Any development activity that is
commenced or is conducted contrary to this Local Law, may be restrained by injunction or otherwise
abated in a manner provided by law.
A. Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or
by law, any person who violates the provisions of this Local Law shall be punished by a fine of not less
than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) or by imprisonment for a
period not to exceed sixty (60) days, or both such fine and imprisonment. Such person shall be guilty of a
separate offense for each day during which the violation occurs or continues.
B. Any violator may be required to restore land to its undisturbed condition. In the event that
restoration is not undertaken within a reasonable time after notice, the municipality may take necessary
corrective action, the cost of which shall become a lien upon the property until paid.
C. Notice of Violation. When the Town of Queensbury determines that an activity is not being
carried out in accordance with the requirements of this Local Law, it shall issue a written notice of violation
to the owner of the property. The notice of violation shall contain
(1) the name and address of the owner or applicant;
(2) the street address when available or a description of the building, structure or land upon which the
violation is occurring;
(3) a statement specifying the nature of the violation;
(4) a description of the remedial measures necessary to bring the development activity into compliance with
this Local Law and a time schedule for the completion of such remedial action;
(5) a statement of the penalty or penalties that shall or may be assessed against the person to whom the
notice of violation is directed;
(6) a statement that the determination of violation may be appealed to the Town of Queensbury by filing a
written notice of appeal within fifteen (15) days of service of notice of violation.
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a
manner provided for personal services of notices by the court of local jurisdiction, or by mailing a copy of
the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his or
her last -known address.
A notice of violation issued in accordance with this section constitutes a determination from which an
administrative appeal may be taken to the Town.
SECTION 17 - SEVERABILITY. Each separate provision of this Local Law is deemed independent of all
other provisions herein so that if any provision or provisions of this Local Law be declared invalid, all other
provisions shall remain valid and enforceable.
SCHEDULE A
DEFINITIONS
The following terms shall have the stated meanings when used in this Local Law or in documents prepared
or reviewed under this Local Law:
(1) Agricultural activities means the activities of an active farm including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale,
but shall not include the operation of a dude ranch or similar operation, or the construction of new
structures associated with agricultural activities.
(2) Base flow means the stream discharge from groundwater runoff.
(3) Blind drain means a drain consisting of an excavated trench refilled with pervious materials, such as
coarse sand gravel or crushed stone through which water percolates and flows toward an outlet, often
referred to as a French drain.
(4) Building footprint means that two-dimensional plane area of a building or structure which results when
the height dimension is removed and which shows an aerial view of said building or structure including
garages, sheds, porches, eaves, covered breezeways, entryways and other similar attached appurtenances.
(5) Catch basin means an inlet structure for the collection of stormwater from impervious surfaces designed
with a sump to trap sediment.
(6) Commission means the Lake George Park Commission.
(7) Department means the Department of Environmental Conservation of the State of New York.
(8) Detention means the practice and procedures associated with the delayed release of stormwater so as to
reduce peak flow, maintain base flow, increase opportunity for recharge to groundwater, and reduce
opportunity for surface runoff and soil erosion.
(9) Detention structure means a permanent structure for the temporary storage of runoff which is designed
so as not to create a permanent pool of water.
(10) Develop land means to change the runoff characteristics of a parcel of land in conjunction with
residential, commercial, industrial or institutional construction or alteration.
(11) Development means any building, construction, expansion, alteration, modification, demolition or
other activity, including land clearing, land disturbance, grading, roadway construction or expansion,
mining or mineral extraction which materially changes the use or appearance of land or a structure, or the
intensity of the use of land, or the creation of a subdivision which may result in such activity, but not
including interior renovations to a structure, a change in use of a structure which results in no land
disturbance, or the construction or modification of a dock, wharf or mooring.
(12) Development area or site means any parcel of property or lot or combination of contiguous lots which
(a) are in common ownership, or (b) are in diverse ownership where development is to occur in common.
For the purposes of this Local Law contiguous lands shall include those separated by a public highway.
(13) Disturbed area means that part of a development site area where actual land disturbance, vegetation
removal, or construction of buildings, structures or utilities will occur or has occurred.
(14) Drainage area means all of the area of land contributing runoff flow to a single point.
(15) Erosion means the wearing away of the land surface by water, wind, or ice or the detachment and
movement of soil or rock fragments by water, wind, ice or gravity.
(16) Filter strip means a strip of permanent vegetation above ponds, diversion terraces and other structures
to retard flow of runoff, causing deposition of transported material, thereby reducing sediment flow.
(17) Flow attenuation means prolonging the flow time of runoff to reduce the peak discharge.
(18) Hydrograph means a graph showing variation in stage (depth) or discharge of a stream of water over a
period of time.
(19) Impervious area means an area covered by pavement, rooftops, and/or other structures or materials,
which is either impervious to water or which substantially prevents the infiltration of water into the soil at
that location.
(20) Infiltration means the downward movement of water from the surface to the subsoil. Infiltration rate is
typically expressed as inches per hour.
(21) Infiltration device means a stormwater recharge area, dry-well, recharge basin, retention basin or any
other engineered structure designed to infiltrate stormwater.
(22) Infiltration rate means a soil characteristic determining or describing the maximum rate at which water
can enter the soil under specified conditions, including the presence of an excess of water.
(23) Land disturbance or land clearing means grading, digging, cutting, scraping, excavating, removing of
soil, placement of fill, paving or otherwise covering, construction, substantial removal of natural or human-
made vegetation, replacement of natural vegetation with lawn or other human-made vegetation, demolition
or other removal of human-made features, or any activity which bares soil or rock. For the purposes of
calculating the square footage affected by any development in order to determine a project's classification,
all affected areas of the development site shall be considered in aggregate whether or not the affected areas
are contiguous.
(24) Mulch means a natural or artificial layer of plant residue or other materials, such as sand or paper, on
the soil surface which reduces erosion, maintains soil moisture and facilitates seed germination.
(25) Municipality means the Town of Queensbury.
(26) Non-point source means any source from which pollutants are or may be discharged which is not a
point source.
(27) Offering Plan means a prospectus as required by ~352-e of the General Business Law.
(28) Peak flow means the maximum instantaneous flow of water from a given condition at a specific
location.
(29) Person means any individual, firm, partnership, club, trust, company, association, cooperative,
corporation (including a government corporation), municipality, the State or Federal government and any
agency thereof.
(30) Pollution means the condition caused by the presence in the environment of substances of such
character and in such quantities that the quality of the environment is impaired or rendered offensive to life.
(31) Pollution source controls means the structures and practices used in reducing contaminants from point
and/or non-point sources.
(32) Porous pavement means an open graded paving material which allows water to pass through it.
(33) Predevelopment means those site conditions which legally existed prior to the commencement of any
activity regulated by this Local Law.
(34) Project means any land use or development activity proposed by an applicant which is subject to this
Subpart.
(35) Project life means the anticipated or actual time a project will be used, utilized or remain in functional
existence.
(36) Rainfall intensity means the rate at which rain is falling at any given instant, usually expressed in
inches per hour.
(37) Rational method means a widely accepted method for calculating stormwater runoff, volume and rates
of flow for stormwater shed areas up to twenty acres.
(38) Redevelopment means any activity which alters a previously developed site.
(39) Retention means the practice of holding or directing stormwater except that portion evaporated or
bypassed in an emergency, in or to a given area so that all the stormwater will be infiltrated into the subsoil.
(40) Retention pond means a recharge basin which is designed to infiltrate all of the stormwater it receives
and which normally has no outflow.
(41) Revegetation means the natural or artificial replacement of vegetation on a project site to reduce
erosion, decrease runoff, improve water quality and improve aesthetic qualities of exposed soils.
(42) Runoff controls means those structures and/or devices, including, but not limited to, dry wells, porous
pavements, ditches, wetlands, holding ponds, recharge areas, and retention/detention basins which recharge
groundwater and provide for peak flow attenuation.
(43) Significant habitat means that area or region important in fulfilling the daily or seasonal habitat
requirements of any species of plant or animal designated as endangered, threatened, rare, or of special
concern by the Department pursuant to ECL (11-0535 and 9-1503 and the Department's regulations
thereunder or by any individual species or any group or natural community of non-listed plants and animals
of significant economic, recreational, aesthetic, ecological or scientific importance.
(44) Siltation trap means a structure designed to trap sand and silt sized particulate matter from stormwater.
(45) Site - (See Development Area).
(46) Stormwater means water produced by precipitation including snow melt which does not evaporate and
which flows over a natural or human-made surface or into a natural or human-made channel.
(47) Stormwater Concept Plan or SCP means a report prepared in accordance with Schedule B of this Local
Law or on behalf of a project sponsor which includes analysis of a site's environmental characteristics,
potential impacts of the development on water resources and the effectiveness and acceptability of the
proposed stormwater management system in order to determine the types of stormwater measures
necessary for the proposed development.
(48) Stormwater control measures means all those natural and man-made structures, infiltration devices,
erosion controls, systems, facilities, agreements, institutional arrangements, and financial provisions to
manage stormwater including, but not limited to, any of the following: dry wells, pits of crushed rock,
infiltration trenches, retention ponds, detention ponds, blind ditches, swales, pipes, culverts, natural
depressions, porous paving, recharge areas, and basins.
(49) Stormwater Control Report or SCR means a report prepared in accordance with Schedule B of this
Local Law or on behalf of a project sponsor which evaluates the quantity and quality of stormwater runoff
resulting from the proposed project. The report shall include a set of drawings and other documents to
provide all the necessary information and specifications pertaining to stormwater management and
associated pollution control for a particular site. The SCR is intended to implement the SCPo
(50) Stormwater design plan means the written narrative, maps, and diagrams prepared for the purpose of
runoff control on a specific development site, based upon survey and analysis of the site.
(51) Stormwater management means: (1) for quantitative control, a system of vegetative and structural
measures that control the increased volume and rate of surface runoff caused by human-made changes to
the land; and (2) for qualitative control, a system of vegetative, structural and other measures that reduce or
eliminate pollutants that might otherwise be carried by surface runoff.
(52) Stormwater Management Maintenance Agreement means an agreement between the project sponsor
and some other entity to ensure adequate maintenance and repair of the stormwater management system
over the life of the project.
(53) Stormwater Management Plan or Plan means a local stormwater management plan adopted by a
municipality pursuant to this Subpart and ECL (43-0112.
(54) Stormwater recharge area means an area of land used for the purpose of infiltrating stormwater.
(55) Stormwater Regulatory Program or Program means a local stormwater regulatory control program
adopted by a municipality pursuant to 6 NYCRR 646-4 and ECL (3-0112.
(56) Stormwater runoff means any surface water runoff or runoff in channels which results directly either
from a rainstorm or from the melting of snow pack.
(57) Stream shall include any permanent or intermittent water course.
(58) Stream corridor means that area within one hundred (100) feet of the high water mark of any stream or
river protected and/or regulated by New York State Department of Environmental Conservation, or
wetlands adjacent thereto.
(59) Subcatchment means an identifiable drainage area contained within a larger watershed or drainage
area.
(60) Subdivision means a division of any land into two or more lots, parcels or sites, whether the new lots
are adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy
by any person, including the conveyance of lands in common ownership which are divided only by a road
or utility right -of-way. Creation of a condominium or townhouse project shall be considered a subdivision.
This definition shall not apply to conveyances of small parcels of land to correct a boundary of a lot, so
long as such conveyance does not create additional lots.
(61) Surface water runoff means water which flows over the land and does not percolate into the soil, and
which may run off as a sheet, rill or stream flow.
(62) Time of concentration means the time required for water to flow from the most remote point of a
watershed, in a hydraulic sense, to the outlet.
(63) Water body means any lake, pond, river, stream, intermittent stream or wetland.
(64) Water table means the upper surface or top of the saturated portion of the soil or bedrock layer,
indicating the upper extent of groundwater.
(65) Watershed means the total drainage area contributing runoff to a single point.
SCHEDULE B.
ENGINEERING SPECIFICATIONS FOR DESIGN PROFESSIONALS
PART I CONTENT OF STORMWATER CONCEPT PLAN.
(1) A Stormwater Concept Plan (SCP), if required, shall include sufficient information to evaluate the
environmental characteristics of the project site, the potential impacts of the proposed development on
water resources and the effectiveness and acceptability of measures proposed for managing stormwater
runoff. Sufficient engineering analysis shall be performed and provided to show that the stormwater
control measures in the Plan are viable and capable of managing runoff from the site in compliance with
these regulations and the municipality's Stormwater Management Plan and Regulatory Program. All
anticipated development of the site and phases of the project, both present and future, shall be addressed in
the SCP. The intent of this conceptual planning process is to determine the type of stormwater measures
necessary for the proposed project. The SCP shall include any modifications to the proposed project
necessary to achieve the required level of stormwater management. In order to ensure adequate planning
for management of runoff from future development, the Town of Queensbury may also require any SCP to
consider the maximum development potential of a site under existing zoning, regardless of whether the
applicant presently intends to develop the site to its maximum potential.
(2) For development or redevelopment occurring on a site where development has previously occurred, an
applicant shall be required to include within the stormwater concept plan measures for controlling existing
stormwater runoff discharges from the site in accordance with the standards of this Local Law to the
maximum extent practicable. Such measures shall also include those measures reasonable and necessary
to, at a minimum, infiltrate the runoff from the first one-half inch of precipitation from any storm event for
all areas within the site which have previously been developed.
PART II CONTENT OF THE STORMWATER CONTROL REPORT
A Stormwater Control Report (SCR) shall be submitted which evaluates the quantity and quality of
stormwater runoff resulting from the proposed project for all phases, both present and future, and if
required, for the maximum potential runoff from the site if it were to be developed to its maximum
potential under existing zoning. The Stormwater Control Report shall be consistent with, and shall be
reviewed on the basis of the approved SCPo Contents of Stormwater Control Report (SCR). A SCR shall
contain, at the minimum, the following information:
(1) A description of the project site and surrounding area within five hundred (500) feet as it exists prior to
the commencement of the project; a location map; description of the watershed of the subcatchment and its
relation to the project site; soil types and descriptions on the site and surrounding area; topography of the
project site and surrounding area; surface characteristics including percent cover by asphalt, concrete,
crushed stone, grasses, brush, and trees; current land use including all structures, and characteristics of the
shoreline and its development, if applicable; drainage patterns including streams, ponds, culverts, ditches,
and wetlands; and locations of utilities, roads, and easements.
(2) A detailed description of the proposed project including surface characteristics; proposed land use with
tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of
utilities, roads and easements; the limits of clearing and grading; and construction cost estimates of
stormwater management structures.
(3) Hydrologic and hydraulic computations of stormwater volume and flow for existing and proposed
conditions shall be performed. Such computations shall include (i) description of the design storm
frequency, intensity and duration, (ii) time of concentration, (iii) soil curve numbers or runoff coefficients,
(iv) peak runoff rates and total runoff volumes for each watershed area or subcatchment area, (v)
infiltration rates, (vi) culvert capacities, (vi) flow velocities, (viii) data on the increase and volume of runoff
for the lO-year storm and on the change in the rate of runofffor the 2, 10, 50 and 100 year storms, (ix)
documentation of sources for all computation methods and field test results, and (x) sufficient information
to demonstrate that the proposed development, with its necessary stormwater controls, has been designed to
preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the
site.
(4) A description of how the stormwater control measures for the project will provide the best available
pollutant removal technology.
(5) A detailed description of and plans of, stormwater and erosion control measures including (i) proposed
containment facilities and structures, (ii) calculations of infiltration area required, (iii) calculation of
retention and/or detention/retention storage requirements and storage volume provided, (iv) calculation or
documentation of infiltration rate, (v) calculation for release rate controls (orifice or pipe size), (vi)
description of pollution control measures such as filter strips, sand filters, infiltration, (vii) provision for
emergency overflow, and (viii) measures taken to obviate or reduce the need for runoff control such as use
of porous pavement or crushed stone, or the minimization of land clearing or paving.
(6) Drainage maps at a scale specified by the municipality showing existing and proposed conditions and
contours, including the watershed area and subcatchment boundaries, acreage, inlet and outlet points of
streams, culverts and drainage ditches, surface features, existing and proposed structures, buildings,
pavement, flow directions, existing and proposed storm sewers, streams and other drainage channels, water
quantity and quality control structure including retention basins and infiltration trenches, and a location
map at a scale specified by the Town of Queensbury showing the entire watershed area and indicating the
project site.
(7) A certification that the stormwater control measures as designed and presented in the SCR will function
adequately, will not adversely affect adjacent or downstream waters or properties, and has been designed in
accordance with this Local Law. The report and plans shall bear the stamp and signature of the licensed
professional engineer or architect or exempt land surveyor executing the above certification.
(8) A project schedule which shall indicate the proposed starting and completion dates for all major work
phases including but not limited to clearing and grading, road construction, utility placement, septic
systems, stormwater control measures, wharf construction, pouring or laying of footings and foundations,
building construction, and interim and permanent revegetation. Particular emphasis shall be placed on
those elements of the schedule relating to stormwater runoff and erosion control. In general, the control
facilities shall be installed first in the construction stages of a project to minimize the impacts associated
with construction. Further, the project schedule shall take into account appropriate seasonal limitations for
temperature and weather sensitive operations. Special measures or procedures may be required to undertake
land disturbance activities occurring between October 15 and April 15.
(9) A maintenance schedule which includes (i) the construction costs related to stormwater control, (ii) the
proposed stormwater control maintenance program and annual costs of implementing such, (iii)
identification of the party or parties responsible for maintenance of the system over the life of the project,
(iv) a copy of any maintenance agreement, (v) identification of the party or parties responsible for
correcting failures or inadequate function of stormwater control measures and responsible for assuming
control of the systems in the event of failure to properly maintain the system.
(10) Application Inspections. Each application shall contain the written consent of the landowner that the
municipality may conduct site inspections, tests, and evaluations as are deemed necessary by it to verify
site data contained in the application. Such data shall include, but are not limited to, soil type, topography,
depth to seasonal high groundwater, depth to bedrock and distance to surface bodies of water. During the
site inspection one or more deep test holes and percolation tests may be required by the municipality to be
performed by the applicant.
PART III METHODOLOGIES FOR DETERMINING RUNOFF VOLUMES
Methodologies for determining runoff volume. Stormwater volumes and rates of flow shall be calculated
using the following methods: (i) for small watershed areas (up to 20 acres), the Rational Method may be
used, and (ii) for larger watershed areas (up to 2,000 acres), and as the overall preferred method, the United
States Department of Agriculture method shall be used, ( this method is described in "Urban Hydrology for
Small Watersheds-Technical Release 55") or (iii) any other equivalent and widely accepted method may be
used.
PART IV SOIL EVALUATION METHODS
The design infiltration rate shall be based on the results of hydrogeologic studies performed by the
applicant during preparation of the Stormwater Control Report. The studies shall include test pits or
borings located to present a clear picture of geologic and hydrologic conditions existing at the site and the
areas, both on and off the site, affecting, or to be affected by, the development. A minimum of three
subsurface excavations shall be conducted and the results shall be included in the SCR. Interpretive logs of
all excavations shall be submitted with the report. Hydrogeologic interpretations and conclusions shall be
developed by qualified persons only. Following design of infiltration devices, additional subsurface
investigations to confirm soil and groundwater conditions will be required in the areas proposed for
infiltration devices. The design of any project or development shall ensure that the ability to manage
stormwater is not affected by the placement of structures on those soils or locations best suited for
stormwater management purposes.
SCHEDULE C
COMPARATIVE POLLUTANT REMOVAL OF URBAN BMP DESIGNS
SCHEDULE D
SCHEDULE E
SAMPLE STORMW ATER CONTROL FACILITY MAINTENANCE AGREEMENT
Whereas, the Municipality of ("Municipality") and the
("facility owner") want to enter into an agreement to provide for the long term
maintenance and continuation of stormwater control measures approved by the Municipality for the below
named project, and
Whereas, the Municipality and the facility owner with that the stormwater control measures be
built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired,
replaced and continued in perpetuity in order to ensure optimum performance of the components.
Therefore, the Municipality and the facility owner agree as follows:
1. This Agreement binds the Municipality and the facility owner, its successors and assigns, to the
maintenance provisions depicted in the approved project plans which are attached as Schedule A of this
Agreement.
2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures
depicted in Schedule A as necessary to ensure optimum performance of the measures to design
specifications. The stormwater control measures shall include, but shall not be limited to, the following:
drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and
retention ponds.
3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater
control measures and shall establish a means for the collection and distribution of expenses among parties
for any commonly owned facilities.
4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less
than once in every five year period, to determine the condition and integrity of the measures. Such
inspection shall be performed by a Professional Engineer licensed by the State of New York. The
inspecting engineer shall prepare and submit to the Municipality within 30 days of the inspection, a written
report of the findings including recommendations for those actions necessary for the continuation of the
stormwater control measures.
5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or
discontinuation of the stormwater control measures except in accordance with written approval of the
Municipality.
6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures
at the direction of the Municipality or in accordance with the recommendations of the inspecting engineer.
7. The facility owner shall provide to the Municipality within 30 days of the date of this agreement, a
security for the maintenance and continuation of the stormwater control measures in the form of ( a Bond,
letter of credit or escrow account).
8. This Agreement shall be recorded in the Office of the County Clerk, County of together with
the deed for the common property and shall be included in the offering plan and/or prospectus approved in
accordance with
9. If ever the Municipality determines that the facility owner has failed to construct or maintain the
stormwater control measures in accordance with the project plan or has failed to undertake corrective action
specified by the Municipality or by the inspecting engineer, the Municipality is authorized to undertake
such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater
control measures and to affix the expenses thereof as a lien against the property.
10. This Agreement is effective
CORRESPONDENCE
Deputy Town Clerk noted that the Independent Auditor's Financial Report dated December 31, 1998 has
been received and filed in the Town Clerk's Office.
Controller Hess referred to the financial report and noted that it's a good report and that he would like to
recommend conducting a workshop at some time with the CPA.
COMMITTEE REPORTS
Councilman Merrill noted that the Finance Committee met with Mr. Hess to review proposals for banking
services for the coming year and the committee's recommendations are found in Resolution 6.14.
Councilman Tucker referred to the county proposal for the Corinth Road corridor and requested permission
from the board that Ralph VanDusen, Water and Wastewater Superintendent and Mike Shaw, Deputy
Wastewater Superintendent be involved in the process.
Supervisor Champagne noted that the town's been in touch with Bill Remington at the county to make sure
that when they scope out the job for the engineer, that water and sewer be included in that and that's pretty
much underway and by all means Ralph and Mike will be very intensely involved.
OPEN FORUM RESOLUTIONS
7:40 P.M.
Barbara Bennett, Queensbury referred to resolution 6.3 and questioned the difference in the zoning change?
Mr. Round, Executive Director noted that it's his understanding that the applicant wishes to pursue a
clustered subdivision on this particular project and the SRIA allows for clustering... there are other
differences as well, but that's the understanding of it.
Ms. Bennett, referred to resolution 6.6 and noted that the stop sign is needed for that location.
Craig MacEwan, referred to resolution 6.11, the revising of substance free work place policy and testing
policy and questioned the changes proposed?
Supervisor Champagne noted that the board received information from Convenient Medical who does the
testing and they've experienced Adulterated specimens which is the conscious effort made on behalf of the
donor to alter the outcome of the urine test and DOT recognizes an adulterated specimen as a positive urine
test and this is the reason for the amendment.
Mr. MacEwan questioned who authorizes the random drug testing?
Supervisor Champagne noted, my secretary does that... we have a company that identifies the person and
then they'll call us and tell us.
Mr. MacEwan questioned whether it's by lottery?
Supervisor Champagne-Yes.
Mark Hoffman, 32 Fox Hollow Lane questioned resolution 6.19, relating to sidewalks?
Councilman Turner noted, it establishes an ordinance to maintain the sidewalks that front the area
roads....Route 9, when they're in, we're going to have to take care of those which is an extensive expense to
the town to provide maintenance to those sidewalks.
Dr. Hoffman noted, would like to provide my encouragement that that's a good idea... most communities
that have sidewalks have that type of law requiring people to be responsible for the sidewalks in front of
their property and it seems to be the only manageable way to do that and as our community has changed
and really become at least in certain areas, as urban in many ways as some of the cities that have sidewalk
laws, I think it's time for our legal structure to match the need.
Karen Angleson, Greenwood Lane referred to resolution 6.2 and questioned the zoning change?
Councilman Turner-That's between Luzerne Road and Sherman Avenue, the change is from Light
Industrial to SR.
John Salvador referred to the topic of sidewalks and questioned whether all the property owners bordering
the sidewalks would be specifically noticed on the public hearing?
Supervisor Champagne recommended and agreed to do a display ad.
Mr. Salvador referred to resolution 6.5 and noted that the town has vessel regulation zones from the 70's
already in affect and the Lake George Park Commission also has a regulatory program involving jet skis.
Supervisor Champagne noted, this resolution supports the bill that's in the legislature right now to make it a
state wide regulation or a statute that allows the local government to determine this, it doesn't commit us to
anything at this stage.
Counsel Schachner noted, the laws that Mr. Salvador is referring to do currently exist, those laws are not
specific to personal water craft. The proposed bill is specific to personal water craft, personal water craft
being another term for jet skis. The proposed bill would in fact, authorize potentially authorize prohibition
of jet skis in certain waters. It does not mandate if the bill is passed anything. Nobody is forced to do
anything about anything if the bill is passed. But the distinction is, although the laws he specifies do exist
currently, those laws are generic to vessels. The proposed bill is specific to personal water craft.
Dennis Brower, Queensbury referred to resolution 6.2 and questioned whether the zone change is the
town's request or the property owner's request?
Councilman Turner noted that the property owner has requested the zone change.
Mr. Brower questioned the location of the property?
Councilman Turner noted that the property is between Luzerne Road and Sherman Avenue, in the area of
Smoke Ridge.
Mr. Brower questioned the acreage of the property?
Councilman Turner noted, sixteen some acres.
RESOLUTIONS
7:50 P.M.
RESOLUTION TO AMEND 1999 BUDGET
RESOLUTION NO.: 226, 1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the
Chief Fiscal Officer has approved the requests,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
transfer of funds and the amendment of the 1999 Town Budget as follows:
ASSESSMENT:
FROM:
TO:
$ AMOUNT:
01-1355-4090
(Conference Expense)
01-1355-2010
(Office Equipment)
435.29
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO
SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY SANDRA COMBS TO
PLANNING BOARD
RESOLUTION NO. : 227, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, Sandra Combs has submitted an application to the Queensbury Town Clerk's Office
for rezoning of a parcel of property and the application has been reviewed by the Town Planning Staff and
deemed complete for purposes of review, and
WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town
Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town
Zoning Ordinance, and
WHEREAS, following such recommendations, the Queensbury Town Board will review the
rezoning applications and take such other action as it shall deem necessary and proper,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Clerk to submit the following application to the Queensbury Planning Board for report and
recommendation:
APPLICATION OF
TAX MAP NO'S:
LOCATION OF PROPERTIES
NY
Sandra Combs
93-2-20
Upper Sherman Avenue, Queensbury,
APPLICATION FOR Rezoning of parcel currently zoned Light Industrial- 1 Acre
(LI-IA) to Single Family Residential- 20,000 Square Feet (SFR-20)
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be
Lead Agency for SEQRA review of this project and directs the Department of Community Development to
notify any other involved agencies.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO
SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY KENNETH HOPPER
TO PLANNING BOARD
RESOLUTION NO. : 228, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, Kenneth Hopper has submitted an application to the Queensbury Town Clerk's
Office for rezoning offour (4) parcels of property and the application has been reviewed by the Town
Planning Staff and deemed complete for purposes of review, and
WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town
Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town
Zoning Ordinance, and
WHEREAS, following such recommendations, the Queensbury Town Board will review the
rezoning applications and take such other action as it shall deem necessary and proper,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Clerk to submit the following application to the Queensbury Planning Board for report and
recommendation:
Kenneth Hopper
115-1-1.31; 115-1-2.1; 115-1-32.1;
115-1-36
LOCATION OF PROPERTIES Sherman Avenue, Queensbury, NY
APPLICATION FOR Rezoning of parcels currently zoned Single Family Residential
- One Acre (SFR-IA) to Suburban Residential - One Acre (SR-IA)
APPLICATION OF
TAX MAP NO'S:
and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be
Lead Agency for SEQRA review of this project and directs the Department of Community Development to
notify any other involved agencies.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES
None
ABSENT:
None
DISCUSSION BEFORE VOTE:
Councilman Merrill-Before we vote, I've got a bit of a problem with this. We were provided with a map
and on this map we have potential wetland and I think before we proceed on this we should have the
wetlands delineated so we know exactly what we're dealing with here.
Councilman Tucker-All we're doing is setting the public hearing.
Councilman Irish-Wouldn't that be done at site plan or at the Planning Board?
Councilman Tucker-It's going to the Planning Board. That's all we're doing is sending it to the Planning
Board.
Counsel Schachner-Not as a matter of rezoning, it wouldn't be no.
Councilman Irish-Okay.
Councilman Merrill-But at some point we do need to have the wetlands delineated.
Councilman Irish-You can make that part of the resolution.
Councilman Merrill-I want to avoid the problems that we keep running into.
Councilman Tucker-That will happen at the Planning Board.
Councilman Irish-Well, you know once they develop it, it will be a wetland so.
Councilman Tucker-Yea, it will happen at the Planning Board.
Councilman Merrill-The application is very specific and it references twenty-two houses. We're talking
about twenty-two units. So I'm a little surprised that this would come before us without delineating the
wetlands so you know what we're dealing with over there.
Mr. Mark Levack-My name is Mark Levack, I'm here representing as agent for Dr. Hopper. He has no
desire to develop this subdivision. We're here purely as a means to make the property more marketable and
SFRIA, as you know, does not allow the clustering of homes where in SRIA does. That application as I
understand it, went through the Town Planning staff members. You have to fill out that application on a
what if scenario and that's the only reason why those twenty-two lots were put down, is what if, what could
the property be used to it's potential under residential. Not, the developer or the owner of the property has
the intention of creating a twenty-two lot subdivision but to answer your prior question. The property is
being flagged right now, it will be surveyed. We had a (cruise one spy engineer)?? and he came up with
the sketch that you see before you and prior to this being heard for recommendation to the Planning Board,
the property will be surveyed, the wetlands will be flagged and we'll know where they exist and as you
know, no land can be allocated into a subdivision if they're federally mandated wetlands. That comes
completely out of any land use of the property and all of that will be a known factor. We'd like to get the
recommendation this evening so we don't lose time in having it before the Planning Board.
Councilman Irish-Can we make that part of the resolution that that mapping will be done before it's
presented to the Planning Board.
Councilman Merrill-I think the Planning Board should have it before they act on it.
Mr. Levack-It has to be, it's part of the process and we fully expect that that won't be a problem.
Councilman Merrill-Okay
(vote taken)
RESOLUTION AUTHORIZING PAYMENT UP TO $1,000 TO SEAR-BROWN ENGINEERS FOR
ENGINEERING SERVICES FOR REVIEW OF CRACKER BARREL PROJECT
RESOLUTION NO.: 229,1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, Sear-Brown Engineers has performed engineering services on behalf of the Town of
Queensbury in reviewing traffic, site plan and SEQRA issues for the Cracker Barrel rezoning application,
and
WHEREAS, Sear-Brown's fees for this matter do not exceed one-thousand dollars ($1,000), and
WHEREAS, the applicant for the rezoning will reimburse the Town for these engineering fees,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment in an
amount not to exceed one thousand dollars ($1,000) to Sear-Brown Engineers for professional engineering
services for technical review of the Cracker Barrel rezoning application, and
BE IT FURTHER,
RESOLVED, that the rezoning applicant will reimburse the Town for this payment to Sear-Brown
Engineers, and
BE IT FURTHER,
RESOLVED, that payment shall be paid and reimbursed to the appropriate Town account, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the
Town Supervisor to execute any documents necessary to effectuate the terms of this Resolution.
Duly adopted this 19th day of June, 1999, by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION SUPPORTING AMENDMENT OF ST ATE LAW TO PROVIDE MUNICIPALITIES
WITH LOCAL AUTHORITY TO
REGULATE JET SKIS
RESOLUTION NO.: 230, 1999
DEFEATED
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, the New York State Legislature is considering adoption of a Bill which would amend
the Navigation Law and Town Law to authorize counties, cities, towns and villages to regulate use of
"personal watercraft" and "specialty prop-craft" by local law, ordinance, rule or regulation not less
restrictive than State law, on water bodies located within the municipality, and
WHEREAS, the Town Board of the Town of Queensbury supports legislation which would
provide the Town Board with local authority to regulate use of jet ski watercraft within the Town of
Queensbury and therefore the Board wishes to adopt a Resolution supporting adoption of this Bill by the
Legislature,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its support of
New York State Senate Bill No.: S.5309 and New York State Assembly Bill No.: A.8097 to amend the
Navigation Law and Town Law in relation to personal watercraft and specialty prop-craft, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to
forward certified copies of this Resolution to the New York State Governor's Office, New York State
Senate, New York State Assembly and New York State Department of Environmental Conservation.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Merrill
NOES
Mr. Irish, Mr. Tucker, Mr. Turner, Mr. Champagne
ABSENT:
None
DISCUSSION BEFORE VOTE:
Councilman Turner-I have a problem with the prohibition of personal water craft.
Councilman Merrill-But it's an option.
Councilman Turner-It is an option to some extent.
Councilman Irish-But it doesn't
Councilman Merrill-But it places it on home rule.
Councilman Turner-I know but
Councilman Irish-Yea but it doesn't delineated any other, anything other then jet skis, that's the problem I
have.
Councilman Turner-That's the problem.
Councilman Irish-I mean, whose to stop somebody from coming in and saying they don't like twenty-three
foot Sea Rays after a couple of years and they want to have a prohibition, they go to legislature and they get
all the towns around the lake to pass a resolution in support of it and, that's the problem I have with it.
They are picking on a specific industry or a specific use because some people don't like jet skis or personal
water craft and they're annoying them and they want them off all of the water bodies.
Councilman Turner-They're just like any other craft, I've seen people in speed boats go up the lake just as
fast as they can go without any regard for anybody that's out there. So, you know, they're no different.
Councilman Irish-And as John pointed out, that the town already does regulate the use of vessels and
Councilman Merrill- Vessels but not jet skis, they're excluded.
Councilman Irish-They're not excluded from the definition of a vessel. No.
Councilman Merrill-Clarification Mark?
Counsel Schachner-That's not correct. Personal water craft are included in vessels.
Councilman Merrill-They are included, okay, I'm sorry.
Councilman Irish-This specifically points out what, jet skis, personal water craft. You know, you're
picking on one industry or one use and if you want to regulate the entire water craft and specify by name,
each one of them, that's fine, bring that up for legislation but you know, I've got a problem with this.
Supervisor Champagne-So do we want to table it? Do you want to
Councilman Irish-No, I think we should vote on it. I think we should vote on it.
Councilman Merrill-Yea, we're not going to know any more next week.
Councilman Turner-Well, I mean, you look at the Board of Directors or the residents of the committee to
protect the Adirondacks and you look at the founding directors, and you know, you go up there on a
vacation or anything and I'll tell you, where I go, they run them jet skis horribly fast with little regard for a
lot of people that are there but you know, it's just that unfortunate few that demonstrate that kind of activity
that's not healthy, obviously but they can stop if they want to.
Councilman Irish-In the paragraph under justification it says that both the Attorney General and the
Comptroller have applied that the present statutes, and I'm going to paraphrase, don't authorize
municipalities to prohibit the operation of a particular craft on certain waters or parts of waters and they're
pointing out specifically jet skis for the prohibition of, if a Town Board wanted to keep them off, and the
way this is written, a Town Board could keep them off of the Hudson River because it's within five hundred
feet of the shoreline and I know the Hudson River is not five hundred feet across at Exit 18. I mean, this is
dangerous when you start giving municipalities that type of power. Eventually, they'll decide they don't
like Harley Davidsons on Americade and they want to keep them out of town.
Supervisor Champagne-Anything more? Let's vote. (vote taken)
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO.
28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF
QUEENSBURY, COUNTY OF WARREN, NEW YORK
RESOLUTION NO. 231,1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing
Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and
this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and
WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a stop
intersection at the intersection of Pershing Road and Ashley Place, and
WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment
to Ordinance No. 28,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public
hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on August 2nd, 1999
to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any
necessary action provided by law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and
post the Notice of Public Hearing presented at this meeting in the manner provided by law.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish
NOES
Mr. Champagne
ABSENT:
None
DISCUSSION BEFORE VOTE:
Town Board held discussion, agreed to delete the Potter, Aviation and Fox Hollow intersection from the
resolution until the analysis of the intersection is completed by the state. (vote taken)
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.:
ADOPT 1999 RETIREMENT INCENTIVE PROGRAM
OF 1999 TO
RESOLUTION NO. 232, 1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury wishes to consider adoption of a
Local Law which would adopt a 1999 Retirement Incentive Program offered to eligible Town of
Queensbury employees, and
WHEREAS, such legislation is authorized in accordance with ~ 10 of the Municipal Home Rule
Law of the State of New York and Chapter 70 of the Laws of 1999 of New York State, and
WHEREAS, prior to adoption of the proposed Local Law, the Board must conduct a public
hearing,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and
hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on
August 2nd, 1999 to consider the proposed Local Law presented at this meeting, hear all interested persons
and take such action required or authorized by law, and
BE IT FURTHER,
RESOLVED AND ORDERED, that the Town Board hereby authorizes and directs the
Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the
manner provided by law.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR MAP AMENDMENTS TO
ADIRONDACK PARK AGENCY
RESOLUTION NO: 233, 1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury wishes to authorize the Department of
Community Development to formally submit an application of amendment to the Official Adirondack Park
Land Use and Development Plan Map for the four parcels and/or tracts ofland within the Town of
Queensbury labeled Area A, Area B, Area C, and Area D on the attached map, and
WHEREAS, the Town Board has determined that each land area proposed for re-designation is
currently designated under the Adirondack Park Agency's Official Land Use and Development Plan for
uses incompatible with current land uses occurring within each area, and,
WHEREAS, the Town Board has determined that the proposed new designations under the Adirondack
Park Agency's Official Land Use and Development Plan will be consistent with and compatible with
recommendations and initiatives outlined in the 1998 Town of Queensbury Comprehensive Land Use Plan,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby authorizes and directs the Department of Community
Development to submit a formal request for map amendments to the Adirondack Park Agency's Official
Adirondack Park Land Use and Development Plan Map for the four parcels and/or tracts ofland labeled
Area A, Area B, Area C, and Area D in the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community Development Department
to provide any necessary documentation to the Adirondack Park Agency and take such other and further
action necessary to effectuate the terms of this Resolution.
Duly adopted this 19th day of July, 1999 by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE
HANDBOOK REGARDING REIMBURSEMENT FOR SAFETY BOOTS
RESOLUTION NO.: 234, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Town Board of the Town of Queensbury wishes to amend its Employee
Handbook by adding a new Section 608(B) entitled, "Safety Boots Reimbursement," which section would
provide for certain non-union employees performing field work involving the risk offoot injury to be
reimbursed up to $150 for the purchase of safety boots, and
WHEREAS, the proposed amendment has been presented at this meeting and is in form approved
by the Town Board and Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the amendment
to its Employee Handbook by adding Section 608(B) entitled "Safety Boots Reimbursement" presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the
Town Supervisor's Office to distribute copies of this amendment to all Town employees and amend the
Employee Handbook accordingly.
Duly adopted this 19th day of July, 1999 by the following vote:
AYES
Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING PAYMENT TO BAY RIDGE RESCUE SQUAD, INC. FOR ROOF
REPAIR
RESOLUTION NO.: 235,1999
INTRODUCED BY: Mr. Richard Merrill
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, Town Law ~184 provides that a Town Board may contract with an ambulance
service certified or registered in accordance with Public Health Law Article 30 for general emergency
ambulance service within the Town, and
WHEREAS, the Town of Queensbury has contracted for emergency ambulance service with the
Town's three (3) rescue squads including the Bay Ridge Rescue Squad, Inc. (Squad), and
WHEREAS, the Squad has advised the Town that the roof installed on the Squad's building
several years ago was unsatisfactory and the Squad's efforts to have it repaired under warranty have failed
as the construction company that performed the roofing work is no longer in business, and
WHEREAS, this past winter the roof suffered ice damage, resulting in additional, serious leaks
that caused damage to the building's interior ceilings and jeopardized medical equipment and supplies, and
WHEREAS, the Squad consulted with the Town to ascertain whether the Town would approve
and fund construction of a new roof as provided by (10 of the Agreement between the Town and Squad
entitled "Unforeseen Events," and
WHEREAS, the Town advised the Squad to proceed with contracting for installation of a new
roof, and
WHEREAS, the Squad contracted with Quaker Bay, Inc. and Quaker Bay, Inc., installed the new
roof for the amount of $14,497, and
WHEREAS, the Squad received $4,700 from its insurance company toward the cost of the roof
repair, resulting in a net cost to the Squad in the amount of $9,797, and
WHEREAS, the Squad has requested that the Town advance the Squad the amount of $9,797 to
pay for the roof repair in accordance with (10 of the Agreement between the Town and Squad, with the
understanding that the Squad will reimburse the Town when the Squad receives the proceeds of a
contemplated mortgage refinancing of its building, and
WHEREAS, the Town Controller has reviewed the Squad's request and has requested that the
Town Board authorize the payment of $9,797 to the Squad,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the payment of
$9,797 to the Bay Ridge Rescue Squad, Inc. from the Town's Appropriation Account No.: 005-3410-4424
to pay for the Squad's installation of its new roof, with the understanding that the Squad will reimburse the
Town when the Squad receives the proceeds of a contemplated mortgage refinancing of its building, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to
take such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION REVISING SUBSTANCE-FREE WORKPLACE POLICY AND SUBSTANCE
TESTING POLICY FOR
TOWN OF QUEENSBURY
RESOLUTION NO.: 236, 1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury by Resolution No.: 673,95, adopted a
Substance-Free Workplace Policy and Substance Testing Policy (Substance Policy) for Town employees,
and
WHEREAS, the Medical Director of Convenient Medical Care, P.c. (Convenient), the facility
which performs the drug and alcohol testing for the Town of Queensbury, has advised the Town Board that
the facility recently received two urine specimens which had been adulterated in a conscious effort to alter
the outcome of positive urine drug tests, and
WHEREAS, AMTEK Human Resource Consultants (AMTEK) has proposed an amendment to
the Town's Substance Policy to address the concerns raised by Convenient, and a copy of the proposed
amendment has been presented at this meeting and is in form approved by Town Counsel, and
WHEREAS, the Town Board of the Town of Queensbury wishes to amend its Substance Policy as
recommended by AMTEK,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Supervisor's Office to enter the revision to the Town's Substance-Free Workplace Policy and
Substance Testing Policy as submitted by AMTEK Human Resource Consultants and presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the
Town Supervisor's Office to distribute copies of this Resolution to all Town employees and Convenient
Medical Care, P. C.
Duly adopted this 19th day of July, 1999 by the following vote:
AYES
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION APPOINTING SHARRON MEADE AS DATA COLLECTOR/APPRAISER ON
PERMANENT BASIS
RESOLUTION NO. 237, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, by Resolution No.: 297.98 the Town Board of the Town of Queensbury appointed
Sharron Meade to the full-time position of Data Collector/Appraiser on a provisional basis until such time
as she passed the Civil Service exam for the position, and
WHEREAS, Helen Otte, Town Assessor, has advised the Town Board that Ms. Meade passed the
Warren County Civil Service exam, placing within the top three and has therefore requested that the Town
Board appoint Ms. Meade on a permanent basis,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Sharron Meade to
the position of Data Collector/Appraiser on a permanent basis, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or
Town Controller's Office to complete any forms necessary to effectuate the terms of this Resolution.
Duly adopted this 19th day of July, 1999 by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
(Controller Hess requested that the resolution presented be amended to read two (2) trucks rather then three
(3) and the following resolution was proposed)
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TWO (2) TRUCKS FOR TOWN
WATER DEPARTMENT
RESOLUTION NO.: 238,1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town of Queensbury Water Department wishes to advertise for bids for the
purchase of two (2), 4x4 pick-up trucks, and
WHEREAS, the Water Department has prepared and submitted the necessary bid specifications to
the Town Purchasing Manager and copies have been presented at this meeting, and
WHEREAS, the Town Purchasing Manager has approved the bid specifications and selection
information, and
WHEREAS, ~103 of the General Municipal Law requires that the Town advertise for bids and
award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the
requirements set forth in the Town's bid documents and specifications,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Purchasing Manager to publish an advertisement for bids for two (2), 4x4 pick-up trucks for the
Town Water Department in the official newspaper for the Town of Queensbury and make bid documents
available on July 23rd, 1999, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Town Purchasing Manager to open all bids received at the Town Clerk's Office at 2:05 p.m., on August 6th,
1999, read the same aloud and record the bids as is customarily done and present the bids to the next
regular or special meeting of the Town Board of the Town of Queensbury.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING BANKING SERVICES
RESOLUTION NO.: 239,1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Queensbury Town Controller previously requested proposals from qualified
commercial banks with banking offices in the Queensbury area and Capital District to provide banking
services for the Town, such services to include handling of the Town's primary deposit accounts and related
services, third-party collateralization and electronic banking, and
WHEREAS, the Town Controller received proposals from five banks and the proposals were
evaluated and ranked by the Town Controller and Town Finance Committee, and
WHEREAS, the Town Controller and Finance Committee have recommended that the Town
Board authorize the following banking relationships beginning immediately:
1. Evergreen Bank - to serve as primary depository of demand and money market accounts in accordance
with the terms of the bank's proposal dated June 18th, 1999 until June 30th, 2001, with an option for the
Town to extend the services for one year at the same terms;
2. Glens Falls National Bank & Trust Company - to maintain the Town's payroll account until June 30th,
2001 at the same terms now in effect (no service charges, bank furnishes all check forms and stationery);
3. Chase Manhattan Bank - to be authorized depositories of time deposits on an "as bid, as awarded" basis,
until June 30th, 2001;
4. Fleet Bank, NA - to be authorized depositories of time deposits on an "as bid, as awarded" basis, until
June 30th, 2001;
5. Trustco Bank - to be authorized depositories of time deposits on an "as bid, as awarded" basis, until June
30th, 2001;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
following banking relationships beginning immediately:
1. Evergreen Bank - to serve as primary depository of demand and money market accounts in accordance
with the terms of the bank's proposal dated June 18th, 1999 until June 30th, 2001, with an option for the
Town to extend the services for one year at the same terms;
2. Glens Falls National Bank & Trust Company - to maintain the Town's payroll account until June 30th,
2001 at the same terms now in effect (no service charges, bank furnishes all check forms and stationery);
3. Chase Manhattan Bank - to be authorized depositories of time deposits on an "as bid, as awarded" basis,
until June 30th, 2001;
4. Fleet Bank, NA - to be authorized depositories of time deposits on an "as bid, as awarded" basis, until
June 30th, 2001;
5. Trustco Bank - to be authorized depositories of time deposits on an "as bid, as awarded" basis, until June
30th, 2001;
contingent upon all banks executing and complying with a Third Party Collateralization Agreement Option
B (bank monitoring of balances) in form to be approved by Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the
Town Controller and/or Town Supervisor to execute any forms or agreements in form approved by Town
Counsel necessary to effectuate the terms of this Resolution.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF CENTRAL
QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO.4
RESOLUTION NO. 240, 1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the
Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road
Sewer District Extension No.4, and
WHEREAS, Stewart's Ice Cream Company, Inc., (the Developer) has agreed to make all
necessary improvements and pay all the costs of such extension, and
WHEREAS, based on the recommendation of the Town of Queensbury's Director of Wastewater,
the Town Board has requested that the Developer install excess capacity as part of the improvements to
accommodate future growth in the area, where the cost of such excess capacity in the amount of $10,000
will be paid by the Town's General Fund, to be reimbursed when later development occurs, and
WHEREAS, a Map, Plan and Report has been prepared by Lawrence H. Rutland, Jr., P.E., an
Engineer licensed by the State of New York, regarding the proposed extension to the existing Central
Queensbury Quaker Road Sewer District to serve a Stewart's Shop to be located at the corner of Bay and
Cronin Roads in the Town of Queensbury, such area consisting of a parcel bearing Tax Map No.: 60-2-
11.1 as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of
Queensbury and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district
extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method
of operation, and
WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed sewer
extension in accordance with Town Law Article 12A and consolidate it with the Central Queensbury
Quaker Road Sewer District in accordance with Town Law, ~206-a, and
WHEREAS, the Town Board considered the establishment of the extension in accordance with the
provisions of the State Environmental Quality Review Act and adopted a negative declaration concerning
environmental impacts, and
WHEREAS, the Town Board also adopted a Resolution approving the extension of the District
subject to a permissive referendum, and
WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision
4, Town ~209-e establishes that no petition was filed requesting a referendum, and
WHEREAS, State Comptroller approval is not necessary, and
WHEREAS, the Town wishes to adopt a Final Order extending the Central Queensbury Quaker
Road Sewer District,
NOW, THEREFORE, IT IS
ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that:
I.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient.
2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk's Office;
3.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer
District Extension NO.4 to the Central Queensbury Quaker Road Sewer District as it has been described in
the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury and as more specifically
described herein;
4.The extension benefits all property and property owners within the extension;
5.All benefited property and property owners are included within the limits of the extension;
6.In accordance with ~206-a of the Town Law of the State of New York, it is in the public interest to assess
all expenses of the district, including all extensions heretofore or hereafter established as a charge against
the entire area of the district as extended and it is in the public interest to extend the district only if all
expenses of the district shall be assessed against the entire district as extended;
IT IS FURTHER,
ORDERED, that:
I.The Central Queensbury Quaker Road Sewer District Extension NO.4 to the Central Queensbury Quaker
Road Sewer District be and the same is hereby authorized, approved and established in accordance with the
boundaries and descriptions set forth herein and in the Map, Plan and Report and construction of the
improvement may proceed and service provided and subject to the following:
A.
of Health;
the obtaining of any necessary permits or approvals from the New York State Department
B. the obtaining of any necessary permits or approvals from the New York State Department
of Environmental Conservation;
2. The boundaries of the Central Queensbury Quaker Road Sewer District Extension NO.4 to the
Central Queensbury Quaker Road Sewer District are as follows:
All that piece or parcel ofland situate, lying and being in the Town of Queensbury, County of Warren and
State of New York being bounded and described as follows:
Beginning at a point marked by an iron pin at the intersection of the east bounds of Bay Road (Warren
County Route 7) with the north bounds of Cronin Road, said point being the southwesterly corner of lands
of the grantors herein, Roger and Barbara Brassel, and the southwesterly corner of the parcel herein
described; running thence along said east bounds of Bay Road the following three courses:
N04043' 50"E 74.17'toanironpin;
S 81024' 10" E 10.00' to a capped iron pin;
N 060 12' 40" E 120.10' to a capped iron pin set;
thence leaving said bounds of Bay Road and running through lands of Brassel
S 84006' 28" E 284.03' to a capped iron pin set
on the west bounds of lands of JBJ Queensbury, LLC; running thence along said west bounds of lands of
JBJ Queensbury, Inc.
S 050 53' 33" W 207.42' to a capped iron pin set
on the aforementioned north bounds of Cronin Road; running thence along said north bounds of Cronin
Road
N 81026' 40" W 293.50' to the point and place
of beginning. Containing 1.327 acres ofland.
3. The improvements to be included and made a part of the extension shall be as more specifically set forth
in the Map, Plan and Report prepared by Lawrence H. Rutland, Jr., P.E., and the cost shall also include a
payment of the appropriate charge due the City of Glens Falls at the time of the initial hook -up;
4. All proposed construction, with the exception of the additional cost described below in paragraph 7 of
this Order, shall be installed and paid for by the Developer (including the cost payable to the City at the
time of initial hook-up) and shall be constructed and installed in full accordance with the Town of
Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance
with approved plans and specifications, and under competent engineering supervision;
5. The maximum amount proposed to be expended for this improvement will not be greater than $29,000,
plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case would
be $742.50 or a total of $29,742.50. Such improvement costs shall be paid by the Developer and there shall
be no cost to the Town of Queensbury or the Central Queensbury Quaker Road Sewer District for the
proposed extension except as described in paragraph 7 below. The areas or properties that comprise the
extension however, will be subject to the same cost for operation, maintenance and capital improvements as
in the Central Queensbury Quaker Road Sewer District.
6. The method of apportioning costs is such that the Developer and/or Owner of the property which the
extension will service, will pay the cost for engineering, installation of the sewer pipe, with the exception
of the additional cost described in paragraph 7 below, and necessary appurtenances and the initial capital
charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will
thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein
will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar
properties are assessed or billed in the Central Queensbury Quaker Road Sewer District;
7. In accordance with (192-a of Town Law, the Town Board hereby authorizes its General Fund to
reimburse the Developer the amount of $10,000 as the estimated additional cost to the Developer to install
a sewer line that will meet not only the Developer's needs, but will also meet the needs caused by future
growth along the Bay Road corridor. The General Fund shall reimburse the Developer such amount when
the portion of the sewer line designated for future use is put into operation and the project is completed
satisfactorily to the Town; and
8. There will be no financing of the construction or installation cost for the proposed sewer extension and
no amount shall be paid therefor by the extension, with the exception of the additional cost described in
paragraph 7 above, the Town of Queensbury or the Central Queensbury Quaker Road District, the
Developer being completely responsible for the same, as well as the charge payable to the City at the time
of the initial connection of the extension;
9. In accordance with Town Law (206-a, it is in the public interest to assess all expenses of the district,
including all extensions included heretofore or hereafter established, as a charge against the entire area of
the district as extended and it is in the public interest to extend the district only if all expenses of the district
shall be assessed against the entire district as extended.
10. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from
the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or
collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be
made on a benefit basis and/or user charge basis;
11. The Map, Plan and Report describing the improvements and area involved is on file with the Town
Clerk of the Town of Queensbury and is available for public inspection;
and
BE IT FURTHER,
ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this
Resolution and Order in the Warren County Clerk's Office and send a certified copy of this Resolution and
Order to the State Department of Audit & Control at Albany, New York, the Town of Queensbury
Assessor's Office, Community Development Department and Wastewater Department, within 10 days of
the date of adoption of this Order.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING RELEASE OF PORTION OF ESCROW FUNDS IN CONNECTION
WITH CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXT. #4 - STEWART'S ICE
CREAM CO. INC.,
RESOLUTION NO.: 241,1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury, by Resolution No.: 100,99,
established, authorized and approved Extension NO.4 to the Central Queensbury Quaker Road Sewer
District, and
WHEREAS, by Resolution No.: 131, 1999, the Town Board authorized and executed an
Agreement with the Developer, Stewart's Ice Cream Co., Inc. (Stewart's), concerning the Sewer District
Extension, and
WHEREAS, as part of the Agreement, Stewart's agreed to deposit funds in escrow with the Town
to cover costs related to construction of the sewer facilities, engineering and other related expenses, and
WHEREAS, by Memorandum dated June 28th, 1999, the Town's Deputy Director of Wastewater
has advised the Town Board that the Sewer District Extension was constructed and inspected in accordance
with the Agreement between the Town and Stewart's and therefore has recommended that the Town release
$29,745.50 in escrow funds (with interest) to Stewart's minus the approximate sum of $3,196 to be held by
the Town to cover a one-year guarantee, Glens Falls Wastewater Treatment Plant Buy-In Costs and legal
fees,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of
approximately $26,549.50 in escrow funds with interest to Stewart's Ice Cream Co., Inc., which sum shall
be the net result of the $29,745.50 deposit plus interest held in escrow, minus the guarantee, buy-in and
legal fees as designated on the Deputy Director of Wastewater's Memorandum to the Town Board dated
June 28th, 1999 and presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes retention of the fund balance
described above, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office
and/or Department of Wastewater to take such other and further actions necessary to effectuate the terms of
this Resolution.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING RELEASE OF A PORTION OF ESCROW FUNDS IN CONNECTION
WITH QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.2
RESOLUTION NO.: 242,1999
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, the Town Board of the Town of Queensbury, by Resolution No.: 307,98,
established, authorized and approved the Queensbury Technical Park Sewer District Extension NO.2 to the
Queensbury Technical Park Sewer District, and
WHEREAS, at this time, the Town Board also authorized and executed an Agreement with the
Developer, Amerada Hess Corporation, concerning the Sewer District Extension, and
WHEREAS, as part of the Agreement, Amerada Hess Corporation agreed to deposit funds in
escrow with the Town to cover costs related to construction of the sewer facilities, engineering and other
related expenses, and
WHEREAS, by Town Board Resolution No.: 70.99, the Town Board authorized the return of a
portion of escrow funds to Amerada Hess Corporation (Developer) and retained the balance of escrow
funds as requested by the Deputy Director of Wastewater, and
WHEREAS, the Town's Deputy Director of Wastewater has advised the Town Board in his
Memorandum dated July 9th, 1999, that Amerada Hess Corporation has satisfactorily addressed
outstanding punch list items except for stabilization and reseeding of the trench area, and therefore has
recommended that the Town release $9,000 in escrow funds to Amerada Hess Corporation, with the
remaining sum of approximately $5,484 to be held by the Town to cover the one-year guarantee, Glens
Falls Wastewater Treatment Plant Buy-In Costs and the costs for additional top dressing of the trench area,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of
$9,000 in escrow funds to Amerada Hess Corporation, which sum shall be the net result of the $14,484 plus
interest held in escrow, minus the guarantee, buy-in and costs for top dressing of the trench area as
designated on the Deputy Director of Wastewater's Memorandum to the Town Board dated July 9th, 1999
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes retention of the fund balance
described above, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office
and/or Department of Wastewater to take such other and further actions necessary to effectuate the terms of
this Resolution.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING INTERMUNICIP AL AGREEMENT WITH CITY OF GLENS FALLS
FOR PROVISION OF STREET LIGHTS TO JEROME AVENUE RESIDENTS
RESOLUTION NO.: 243,1999
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, Jerome Avenue and land east of Jerome Avenue are located within the City of Glens
Falls and land west of Jerome Avenue is located within the Town of Queensbury, and
WHEREAS, only Town residents reside on Jerome Avenue and several of those residents have
requested that the Town erect street lights to illuminate Jerome Avenue, and
WHEREAS, the Town Board of the Town of Queensbury believes that it is in the public interest
to illuminate Jerome Avenue with public street lights, and
WHEREAS, street lights would have to be placed on City property and the City has agreed that
they will allow lights to be placed on City property, providing that the Town and Town's lighting district
pay all costs associated with the lights, and
WHEREAS, the City has forwarded a proposed Intermunicipal Agreement to the Town and has
requested that the Town Board authorize the Agreement, and
WHEREAS, the proposed Intermunicipal Agreement is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the installation
of three street lights at Pole #'s 3,5 and 7 along Jerome Avenue, with payment for the lighting to be from
the appropriate Town account, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the
Intermunicipal Agreement with the City of Glens Falls regarding these street lights to be located along
Jerome Avenue and authorizes and directs the Town Supervisor to execute the Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to
make all necessary installation arrangements with Niagara Mohawk Power Corporation.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW REGULATING
SIDEWALKS
RESOLUTION NO.: 244, 1999
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Douglas Irish
WHEREAS, there are currently sidewalks at various locations in the Town of Queensbury and
additional sidewalks will continue to be built in the future, and
WHEREAS, having sidewalks in good repair and free and clear of snow, ice, dirt and other
obstructions is important to the safety of pedestrians who use the sidewalks, and
WHEREAS, the Town Board is concerned about public safety and wants to ensure that all existing
sidewalks and future sidewalks are properly constructed and maintained, and
WHEREAS, the Americans with Disabilities Act, a Federal law, mandates that places of public
accommodation be made accessible to persons with disabilities, and
WHEREAS, the Town Board may, after a public hearing upon at least ten (10) days' public notice,
enact a Local Law regulating the construction, repair and maintenance of sidewalks,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public
hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on August 2nd, 1999
to consider the proposed Local Law Regulating Construction, Repair and Maintenance of Sidewalks and
hear all interested persons and take such action as required or authorized by law, and
BE IT FURTHER,
RESOLVED AND ORDERED, that the Town Board authorizes and directs the Queensbury Town
Clerk to publish and post the Notice of Public Hearing presented at this meeting at least ten (10) days prior
to the public hearing.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES
None
ABSENT:
None
DISCUSSION BEFORE VOTE:
Councilman Tucker requested a display ad in addition to the legal ad to be placed in the newspaper... board
agreed.
RESOLUTION APPROVING SALE OF OBSOLETE ITEMS AT AUCTION
RESOLUTION NO.: 245, 1999
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Facilities Manager has requested permission to sell miscellaneous obsolete
items, and
WHEREAS, in accordance with ~64(2-a) of the Town Law of the State of New York, the Town
Facilities Manager may, with the approval of the Town Board, sell items which are no longer needed by the
Town or are worn out or obsolete, and
WHEREAS, the Town Facilities Manager has submitted a list of Town equipment and furniture to
be sold at the Queensbury Office Building on August 7th, 1999 at 9:00 a.m. (viewing of items to begin at
8:00 a.m.) by Seelye's Auction Center, and
WHEREAS, the Town Facilities Manager has indicated to the Town Board that the miscellaneous
items sought to be auctioned are either no longer needed for Town purposes, obsolete, or worn out,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the sale of the
obsolete items at the Queensbury Office Building on August 7th, 1999 at 9:00 a.m. by Seelye's Auction
Center as set forth on the list presented at this meeting, and
BE IT FURTHER,
RESOLVED, that all proceeds of the auction will be deposited in accordance with the Town Code
and Laws of the State of New York.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES
None
ABSENT:
None
RESOLUTION AUTHORIZING ENGAGEMENT OF JIM GIRARD LANDSCAPE MAINTENANCE
CORPORATION FOR MOWING WORK AT TOWN LANDFILL ON RIDGE ROAD
RESOLUTION NO.: 246,1999
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Town of Queensbury Solid Waste Facilities Operator has advised the Town
Board that it is necessary to arrange for mowing of the approximately 36-40 acres of grass at the Town
Landfill on Ridge Road, and
WHEREAS, the Solid Waste Facilities Operator and Purchasing Manager solicited for proposals
for the mowing work from three companies and they received one bid for the work from Jim Girard
Landscaping Maintenance Corporation, and
WHEREAS, the Solid Waste Facilities Operator and Purchasing Manager have recommended
that the Town Board award the bid for the mowing work to the only bidder, Jim Girard Landscaping
Maintenance Corporation, for the approximate amount of $1,812,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes engagement of
the services of Jim Girard Landscaping Maintenance Corporation for the mowing work at the Town
Landfill on Ridge Road for the approximate amount of $1,812 to be paid for from the Landfill Closure
Capital Project Fund No.: 092-8160-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
Purchasing Manager and/or Solid Waste Facilities Operator to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES
Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne
NOES
None
ABSENT:
None
PLANNED DISCUSSIONS
Supervisor Champagne noted that he's received a letter that the Lumberjacks are donating 250 tickets to
every community in Warren County for a town night... would like to get back to them with an answer on
what the board would like to do with them... Town Board held discussion and agreed to donate them to the
Little League.
Supervisor Champagne noted that he's received a letter from the West Glens Falls Fire Company requesting
the Supervisor's signature to purchase a 1975 Sutphen eighty-five foot platform fire truck, tower truck....
they need to borrow thirty thousand dollars, they have in their treasury enough to purchase the truck which
is about fifty thousand dollars but they need additional money to redo the truck... Town Board held
discussion, it was recommended and agreed that a representative from the fire company come before the
board at the next meeting to discuss the need and provide further information.
Councilman Turner noted, for the county level that he had made a request to Bill Remington last year to
look into a drainage problem down on the Boulevard but nothing has been done... Referred to abandoned
cars, the code allows two unregistered vehicles... some people are leaving them in the yard for ever and
ever and ever and that's an issue that the board has to look into and consider amending the code... Town
Board held discussion and it was recommended to refer the matter to the committee for their
recommendation.
Councilman Turner noted that he's received a request for a street light at the corner of Haviland and
Rockwell Road and a request for one at the end of Ogden Road... Councilman Tucker noted that he'll
research them.
Councilman Turner noted, as a result of the meeting with the Great Escape, the people of Twicwood have
suggested that they would like to see a noise ordinance for the town and those people are here tonight to
speak about that issue.
Councilman Irish noted that he received a phone call today from a resident on Sylvan Avenue, at the corner
of Sylvan and Potter complaining about a drainage problem... they also called the Highway Department
about the matter and I'm not sure whether they sent someone there to look at it but apparently a couple of
years ago, they put in a catch basin at the end of Sylvan and I don't know, maybe it needs to be cleaned but
the water is now creeping up into his garage and flooding his property which is why they originally put it
in... Councilman Turner noted that he would research the matter.
Councilman Tucker referred to a similar problem on Connecticut Avenue where there's a catch basin that
doesn't work, these people have asked for another one and the Highway Department is aware of it.
TOWN BOARD WORKSHOP
Controller Hess submitted and reviewed with the board a budget time schedule... Requested scheduling a
workshop as soon as possible to consider Munis software, the Family Medical Leave Act Policy, the
Centralized Purchasing Policy and the Fleet Management Policy... Town Board held brief discussion,
agreed to schedule workshop for Tuesday, July 27th at 2 o'clock.
Controller Hess referred to meeting the town's auditor to review the financial statement at the 27th meeting,
if he could arrange that with the auditor and if he could, recommended holding off on the discussions
regarding the policies for August 5th or sometime after the August 2nd meeting.
Councilman Irish referred to the issue of tax abatement for permanently disabled individuals and requested
the board to consider moving it forward to start the process... Town Board held brief discussion and agreed
to have, for the next meeting a resolution prepared setting a public hearing.
OPEN FORUM
John Salvador read the following letter, addressed to the Supervisor into the record:
Dear Mr. Supervisor:
You will recall on numerous occasions citizen taxpayers addressing the Town Board with
letters complimentary of the performance of the Town's Highway Superintendent and the Town's
Highway Department. This practice became so distasteful that even Councilman Irish commented on
the inappropriateness of such goings-on, referring to it as nothing more than propaganda from Mr.
Naylor's "Cheerleading Section".
I, too, found the whole endeavor rather non-professional, not to mention childish. After
all, isn't it the duty of the Highway Department and it's Superintendent to keep the Town Roads in a
safe and operable condition at all times?
To this end I took the liberty to contact one of the resident-taxpayers whose praise of Mr.
Naylor's achievements I found difficult to understand. I say this because in our residential neighborhood
the Town's snow plowing and maintenance equipment is forced to use the uni-directional17 ft.
wide shoulderless Dunham Bay Road going only in the wrong direction. I have a series of
photographs to demonstrate that what I claim is a fact.
Shortly after hearing Rob Shepitka's letter read into the Town record, I called him to ask what
specific action Mr. Naylor, in fact, undertook which precipitated his letter of commendation. After a
hardy laugh, Rob made it clear that the system works something like this, first the bouquets, then the
performance. Normally in a "Dog and Pony Show" the participants are rewarded after a successful
performance.
I asked Mr. Shepitka for a verification on this matter. His letter on July 12, 1999, is attached
for your ready reference. (at this point Mr. Salvador read the attached letter)
Dear John,
Yes, It's true, I did write the letter addressed to the Highway Department that
was read at the Town meeting a month or so ago. I must admit, I was surprised
to hear it read publicly. Do they read the negative letters also?
The amount of sand on our streets (Bedford Close) has been a very frustrating
issue for the 10 years I've lived here. Most of us have spent days sweeping our
streets, filling wheelbarrows with sand many times over every spring. We even
take pictures of it to show our downstate friends. My wife and I didn't have the
time to put into it this year so I wrote a complimentary letter to Paul Naylor
regarding the work they did that winter. Two days later, they came and swept
our streets. We were very satisfied with the results and will probably do the
same next year.
Sincerely,
Robert A. Shepitka
As a Public Official, Mr. Naylor takes, annually, an oath of office in accordance with the State
Public Officers Law Sec 10.
Sec 74 (Par 3) of the Public Officers Law establishes the ethical standards which govern
the behavior of Public Officials. Sub-paragraph h requires that Mr. Naylor "pursue a course of
conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are
in violation of his trust. "
Sec 74 Par 4 provides that a Public Official "who shall knowingly and intentionally violate
any of the provisions of this section may be fined, suspended or removed from office or employment in
the manner provided by law."
Further, Article VII Sec 160 of the State Highway Law provides that "A Town
Superintendent may be removed by the Department of Transportation upon written charges
preferred by the Town Board or County Superintendent for malfeasance or misfeasance in office."
The remainder of Article VII Sec 160 deals with the procedure for removal of the Highway
Superintendent, his appeal and, if the appeal is unsuccessful, his replacement.
Gentlemen, there is no question that the leadership of this Board and the Board itself has the
authority in the law to put an end to this scandalous behavior which is nothing less than extortion. It is
time to bring an end to this practice whereby Public Officials in the Town of Queensbury cease to
use the people's property to extort favors for personal gain.
Mr. Supervisor,
Supervisor Champagne-John, you've made some pretty strong
Mr. Salvador-You bet.
Supervisor Champagne-All right, be specific John.
Mr. Salvador-I don't know how I can be more specific.
Supervisor Champagne-By sweeping a guy's street. By sweeping his street. Extortion, extortion, that's
pretty strong language.
Mr. Salvador-Yes.
Supervisor Champagne-Tell me a little bit more about what you know other then reading from that paper.
This is getting pretty serious, John.
Mr. Salvador-You bet it is.
Supervisor Champagne-Yea.
Mr. Salvador-And I'll stand behind it.
Supervisor Champagne-All I'm asking for is specifics. You're making accusations, I need specifics.
Mr. Salvador-I'm reading and I'll leave this with you, those are the specifics.
Mr. Supervisor, now that you and the Town Board are fully aware of how certain affairs
of the Town Highway Department are being conducted, I would appreciate hearing of your approach
to the handling of this matter. I trust that something other than a "business as usual" plan can be in
the offing.
Yours truly,
John Salvador
Mr. Salvador-I have copies of this for the members of the Town Board, the Town Clerk and Mr. Naylor.
Jennifer Cornell referred to the need for a noise ordinance, noting concern with the noise level in the
Twicwood development... referred to a recent night when a concert was held at the Great Escape, that she
and her husband were unable to watch TV because of the noise level of the concert... would like to hear the
position of the board members regarding the noise ordinance.
Councilman Merrill noted that it was a recommendation of the Comprehensive Land Use Plan that the town
investigate a noise ordinance... noted that the issue is also on the list to be considered by the Director of
Community Development... the town certainly wants to study it and see what the ramifications would be
but the problem is enforcement.
Ms. Cornell questioned what the neighbors could do to initiate the process.
Councilman Turner noted that an ordinance would have to be prepared and a public hearing conducted
before implementing an ordinance.
Supervisor Champagne referred to the concert, recognizing that incident as an issue and questioned whether
there are still problems existing?
Ms. Cornell referred to the new go-carts with 10 horsepower engines at Skateland as being an issue... the
Great Escape is the main issue and the noise ordinance, concerned that something get done before next
summer.
Craig Bramley, Twicwood noted that this issue has been brought before the town for a number of years and
it needs to be addressed.
Supervisor Champagne agreed there's an issue that needs to be investigated further.
Karen Angleson, Greenwood Lane noted that it's not just the Great Escape, KFC has some very loud
parties, young teenagers blasting their car radios day and night... the whole town needs to look at an
ordinance.
Lew Stone suggested a general ordinance regulating excessive noise levels allowing the sheriff some
control.
Councilman Irish noted that it was his understanding, after ten o'clock, the sheriff has the ability to ticket
for disturbing the peace... the problem you run into with a noise ordinance is, number one, enforcement and
number two, coming up with the criteria of what's an acceptable noise level.
Mr. Stone referred to the Great Escape and questioned the percentage of sales tax they pay on admissions.
Supervisor Champagne noted, it's considerably less, maybe one and a half percent... it's identified as
entertainment and falls under a different category then your typical seven percent sales tax.
Karen Sabo, 12 Twicwood Lane spoke regarding the need for a noise ordinance and the need to enforce a
noise ordinance... referred to the Great Escape meeting that was held where they discussed their plans and
noted concern with the proposed parking lot layouts, the removal of trees, buffers which will create more
noise, northway noise.
Joanne Bramley 38, Twicwood Lane noted that she went to the under-sheriff after the Christian concert that
was held at the Great Escape because of the difficulty they experienced getting anyone to respond to their
calls... he informed us that we were entitled to have a car dispatched, to ask for a supervisor if we didn't get
anywhere with road patrol but they did explain that it is very difficult to enforce versus request... you have
to get the message that we don't come here because of minimal noise, we don't call the sheriffs department
because of minimal noise, we listen to minimal noise a lot, this is excess noise... we have grave concerns,
this is changing from a child's theme park into a major adult ride park... we'll do what it takes to
communicate to you our concern... this is an issue, we don't see it getting much better over the course of
five, ten or fifteen years with a corporation that has the kind of resources and finances they have, they're
here to make money, there here to maximize the park in every way that they can.
Supervisor Champagne-I firmly believe there needs to be some reins placed there and before this gets too
far down the road, this whole issue of a SEQRA study, SEQRA review for that area maybe necessary.
Ms. Bramley-I believe we were here five years ago talking about noise and tonight I don't hear that the
noise ordinance has any great priority... what does it take to make it a priority, what can be done to make it
a priority?
Supervisor Champagne- I think what I'm hearing tonight has helped me in terms of moving this more
toward the front burner.
Linda McNulty, 14 Twicwood Lane noted, I have many of the same concerns that have already been stated.
I don't think that the Great Escape should be allowed any further expansion whether it's parking lots or
whatever until the issues are solved... it's a total frustration, we've been fighting an uphill battle since 1988
and we're getting no satisfaction.
Bob V ollaro noted, I just like to put an oar in here for the Planning Board of which I am a member, we
have tried and are still trying and will continue to try to illicit from the Great Escape a generic
environmental impact statement. Those impact statements and I've read the SEQRA law extensively and it
seems to me that's an implicit requirement not only in our zoning law in Section 179 but also in the SEQRA
law that a generic environmental impact statement should be prepared by someone doing an expansion like
the Great Escape and it can be prepared to give you what I call noise envelopes and traffic envelopes. You
can have acoustical engineering prepare an ambient noise level first and after ambient noise, you create
what's called a zone of influence in the noise area, that's so many dB over ambient. They then build and
expand the park in accordance with those envelopes, whether traffic or noise.
Councilman Irish-Mark, would it do the Town Board or the Planning Board any good to investigate or
study a moratorium on future expansion that's not already in the pipeline for Great Escape until we get
some answers or at least a generic environmental impact statement?
Counsel Schachner-That's one of the tools that you could enact as a legislative body, you do have that
authority.
Earl Mileson, 10 Twicwood Lane noted that he lives directly across from Skateland about three hundred
feet from Route 9 and spoke regarding skatelands new high powered, very noisy go-carts that run as late as
quarter past twelve on a Sunday night.
Betty Monahan referred to the definition of buffer zone, noting the definition is weak, worthless and the
town is now seeing the results of it... referred to the check list that the Planning Board is supposed to be
looking at and following during site plan review that addresses noise pollution, visual pollution and
aesthetic pollution.... they have the power, they have the authority but they're not exercising it... the board
has to take a hold of this problem because it's going to keep building and building and it's a job you can't do
this fall, you've got to start tomorrow... Questioned who signed the contract with Foster-Wheeler, the
Supervisors of Warren and Washington County or the IDA?
Supervisor Champagne noted that it was by authorization of the full board by resolution to sign the
contract.
Ms. Monahan questioned how the county was able to sign a contract that gave away the assets of the
county... they signed a contract that the people in the two counties were responsible for paying all the debt
of the trash plant and yet at the end, they didn't own the trash plant, Foster- Wheeler, how is that a legal
document? Would you get the answer from Paul Dusek for that for me, please? Because if it's not a legal
document, it's not a valid contract.
Supervisor Champagne recommended calling Paul directly.
Mark Hoffman, Fox Hollow lane referred to the noise issue and recommended making the noise ordinance
a priority... referred to Indian Ridge, noting that the emergency access location for Queensbury School
appears to have been moved in the new plan and that is something that the school should be consulted on
before any agreements are arranged... questioned whether the plan is to go before the Planning Board prior
to the Town Board?
Supervisor Champagne-Yes... Announced that the board would be hearing the Cracker Barrel issue, if
everything works according to schedule at the August 2nd meeting.
Rachelle Gormley, 1 Twicwood Lane-My husband and I made a purchase offer on that residence in March
thinking it was going to be a great neighborhood, had we gotten out of the car at an open house in Mayor
June or July or August or September or October, we would not have made it to the front door. The
property is right across from Skateland, I'm hesitant to go as far as saying I'm appalled but that's really how
I feel at how loud Skateland is and that it wasn't researched enough to find out what the impact would be.
The night of the concert, before the concert started, I went outside and I was literally brought to tears on the
front steps because I could not believe that we had bought this house and it was right where we wanted it to
be after commuting for a long time and that this was the kind of situation that we bought into and I just
plead with you to take our concern seriously.
Mr. Salvador noted that the Great Escape pays seven percent on the admission price, the problem is they
don't charge very much for admission.... referred to an adult ticket that he was holding, the fee being two
dollars and eighty cents and the New York State sales tax is twenty cents, seven percent.
Mr. Stone noted that he's a member of the Zoning Board... when the board considered a variance for
Skateland, I never heard a thing about noise. I wish the residents of Twicwood had come out, I don't know
how we could have notified them but I wish that they had come out because maybe there was a way in
granting the variance, that we could have done some mitigation on noise because I was totally unaware
until this evening about the effect of Skateland on the residents of Twicwood. Actually, we granted them a
variance and they didn't even use the variance, it appears they moved the whole track back so that it's in
conformity but never the less, when they did come before us, I don't think any of us were aware of the noise
affect of Skateland... we need to find a way to notify people, some how, people need to know of something
that might effect them.
Mr. Mileson, 10 Twicwood referred to the Skateland situation and noted, the removal of trees, the removal
of the hill and the erection of the two echo chambers as part of the go-cart track system have creating the
problems.
Kathleen Salvador, North Queensbury noted that she attends many meetings, Town Board meetings, ZBA
meetings, Planning Board Meetings and recommended the professional staff, do their job, give their input
and put more into these kind of things... recommend the noise ordinance be made a top priority.
Ms. Monahan referred to all the land that the Great Escape has bought and questioned whether the town has
done a cost accounting of what it's going to mean to the real estate base when all those buildings come
down and that becomes land for parking lot... it is going to make a different in the tax base.
Ms. McNulty, 14 Twicwood Lane noted that the Twicwood neighborhood has a lot of executive level
people that do extensive traveling so public notices in the paper do go missed... not aware of Skateland's
public hearing, if aware, would have been present.... need written notice.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 247, 99
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED FOR IT'S ADOPTION
SECONDED BY: Mr. Douglas Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and moves in Executive Session to discuss a personnel matter.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES:
NOES:
Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne
None
ABSENT:
None
RESOLUTION TO ADJOURN EXECUTIVE SESSION
AND ADJOURN TOWN BOARD MEETING
RESOLUTION NO. 248, 99
INTRODUCED BY:
WHO MOVED FOR IT'S ADOPTION
SECONDED BY:
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive
Session and enters Regular Session, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town
Board Meeting.
Duly adopted this 19th day of July, 1999, by the following vote:
AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES: None
ABSENT: None
No further action taken.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY