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1992-07-06 REGULAR TOWN BOARD MEETING JULY 6,1992 7:00 P.M. MTG#70 RES#357-374 BOARD MEMBERS PRESENT Michel Brandt, Supervisor Betty Monahan, Councilman Susan Goetz, Councilman Nick Caimano, Councilman Pliney Tucker, Councilman TOWN OFFICIALS Kathleen Kathe, Robert Parisi, Ralph VanDusen PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN PUBLIC HEARING - PROPOSED LOCAL LAW TWO LOT SUBDIVISION-OPENED NOTICE SHOWN Supervisor Brandt-I'm going to open the public hearing. If anybody would like to speak to us on this proposed law would you come on forward, sit down, identify yourself, and make your comments on the record for us, please. Anybody that wants to speak on the two lot subdivision? Barbara Pallozzi-Ridge Road. I was here for one of informational meetings on it and there was extensive discussion concerning the criteria and the establishment of the criteria and like Mr. Hatin was talking and etc. What is the criteria, has that been developed? Councilman Goetz-What do you mean by criteria? Mrs. Pallozzi-They were talking about conformity with the zoning ordinance and things like that, etc. Supervisor Brandt-It's a long... Councilman Tucker-They put everything in there to cover everything. Supervisor Brandt-To paraphrase it, it's pretty hard to do. But, basically the land has to be zoned correctly and it's my understanding it's a one time thing you can be able to split a lot in a separate piece of law. We're looking at another change which would allow you to make a two lot subdivision and if you kept the common driveway it would allow you to do that. Those two pieces of legislation work together in what we're trying to accomplish and that is on busy roads allowing someone with enough land to subdivide it providing that they don't create extra driveways that's what's being proposed. One piece of information I was given today is that our law as proposed says it applies for every place in the Town of Queensbury except lands in the Adirondack Park. I'm told by the people within the park that the park law allows two lot subdivisions so maybe we made a mistake there and maybe we ought to amend this law to apply in the park also, but without legal council here, I would certainly want to look at that one. Councilman Caimano-He sent us this law and I'll read this portion if you want me to, it's very short. Provided that the procedures in Section 178-7 and 8 hereof...(a) The parcel to be subdivided is located outside of the Adirondack Park and areas determined to be critical environmental areas in accordance with the State Environmental Quality Review Act. Now, to answer your question we could simply pass that if AP A also says that then it's covered, I don't see that we have a problem with it. Councilman Monahan-They may have some different criteria. Councilman Caimano- They may. Councilman Monahan-Some of the AP A, I know is family membership and etc. I don't think we should start tinkering with this at this point. Councilman Caimano-B, is the proposed subdivision complies with the applicable zoning regulations; (c) The proposed subdivision does not require new streets nor the creation or extension of improvement districts for the supply of water, sewer or drainage; (d) The parcel or portion thereof to be subdivided has not been previously illegally subdivided or subdivided with the approval of the Planning Board or through the use of this procedures; (e) The proposed subdivision does not propose to establish or create more than two lots; (f) Payment of applicable recreation fees are made at the time of the application provided for (g) The proposed subdivision and new lots created hereunder are used to construct not more than one single family dwelling unit on each lot. Mrs. Pallozzi-You've answered all my questions, thank you. Councilman Goetz-Lee York, told me today that it doesn't say in here that this is a one time provision that we would need to add that later. That was the intent as I understood it. Councilman Tucker-That was originally the intent. Councilman Goetz-It's not in the wording. Councilman Monahan-It is really. The portion or parcel thereof to be subdivision has not been previously illegally subdivided or subdivided with the approval of the Planning Board or through the use of this procedure. Councilman Goetz-But she is saying they could then again... Councilman Monahan-No, because it already says, if you have created either one of these lots with this procedure you can't create new lots. Councilman Goetz-Okay, so that takes care of her concern. Councilman Monahan-I would say so. Mr. Parisi-It may be a good idea to add a provision that there will be no resubdivision. Supervisor Brandt-We can always amend that and add it in. Councilman Monahan-I think, Mike that we can probably add that right now for clarification without calling for another public hearing. It could be added as one sentence, it's a clarification. Supervisor Brandt-It's a clarification. I assumed the wording you mentioned covered it because we did discuss it with the Attorney and I assumed that was what we covered. Councilman Caimano-Can we do a SEQRA without having that added? Councilman Monahan-Why don't you just add it now. It's not going to change your public hearing and it's not really going to change your SEQRA. Councilman Caimano-Okay, add it. Councilman Monahan-Take Bob's wording as he suggests and add it to it that's my suggestion. Councilman Caimano-You want to give those words to Darleen, Bob? Mr. Parisi-You might want to add this as a letter H. No further resubdivision would be allowed under this provIsIOn. Councilman Caimano-Did you get that Darleen? Town Clerk, Dougher-No further, I couldn't get that word? Mr. Parisi-No further resubdivision will be allowed under this provision. Councilman Monahan-Should it be resubdivision of these parcels Bob or isn't that necessary? Mr. Parisi-Not necessarily. It should just deal with resubdivisions in general. If it's a resubdivision you simply go the Planning Board as a subdivision. Supervisor Brandt-We're still in a public hearing on two lots subdivisions. Anyone else want to speak? Eleanor Ouderkerk-Bay Road. I did have a couple of questions. One, was on the payment of the applicable recreation fees. What are they on a two lot subdivision and did that change, what is the rationale in case of say, a parcel that's just divided in two and perhaps some family members, is there still a recreation fee? I can understand for larger subdivisions where there are numerous plots and numerous parcels, I just wondered what the rationale was for a two lot subdivision. Supervisor Brandt-The rationale for the recreation fee to include it? Mrs. Ouderkerk-For the recreation fee and what it is, I don't happened to know that. Supervisor Brandt-I think it's $500.00 per lot. Mrs. Ouderkerk-Per lot. Suppose you had two lots and you were dividing one offfor a family member you would have to pay one on your own parcel? Supervisor Brandt-No. You would have to pay on the new one you create. Councilman Tucker-Just the one. If you take a piece of land and subdivide it into two you pay on one lot. I read that law over the weekend and I hope I got it right. We cannot waiver, we I say the Town Board cannot waiver that fee. Mrs. Ouderkerk-It applies to everybody big and small. Councilman Tucker-The law says that we have no authority to waiver it. Mrs. Ouderkerk -What happens when there is a new owner? It says, if it is, I mean the entire parcel it says, if it has not been previously illegally subdivided or subdivided with approval of the Planning Board etc. Well suppose it has a new owner does this start allover again? You mean once it's subdivided it can never ever be subdivided again... Councilman Caimano-Right. Mrs. Ouderkerk -With any other owner regardless of size of parcel? Supervisor Brandt-Under this aspect of the law. Councilman Monahan-He could come in for a regular subdivision under site plan review and jump through all the hoops. Mrs.Ouderkerk-Okay. What I'm trying to do is make sure I understand this. Councilman Monahan-A lot of people have a family member they want to give a parcel of land to or something we're trying not to make them jump through all the expensive hoops of engineering fees etc., etc. That is the purpose of this if you have got enough land and want to come in for a regular subdivision you'll go through it like anybody else. Mrs.Ouderkerk-Okay. I just wanted to make sure, I understood that. But, my main question was on this recreation fee. I thought it seemed a little bit much in the case. Infact, I think it seems like a lot when your talking about two lot subdivisions and we're not really talking about developments we're just simply talking about the spliting of a parcel and recreation is never a consideration there. Councilman Monahan-Every new home in Queensbury makes a impact on recreation and on the general taxation and that's what the recreation fees are. Mrs. Ouderkerk-I understand that. Councilman Monahan-As the open space gets used up so the Town can use that fund to provide more recreation land. Mrs. Ouderkerk-That's all I wanted to ask. Supervisor Brandt-Anyone else want to speak on this? Robert Rollo-Can you explain to me what your going to do with the Adirondack Park on the two lot subdivision? Supervisor Brandt-No, I can't. We could stand to have a lawyer here tonight, but we don't. Councilman Tucker-Your piece is in the park, isn't it? Mr. Rollo-Yes. Councilman Tucker-West Mountain Road, it didn't take long to get here did it. Councilman Goetz-It sounds like to me that we will look further into what the AP A requires. We'll pass it as it is now, but we need to look at that aspect because we can't sit and say that we know what the AP A requires, I haven't seen it in writing. Councilman Caimano-The law as we have it excludes anything the APA might do. We're not trying to supersede it, we're not trying to get around it. Mr. Rollo-Adirondack Park said they are not going to move until the Town of Queensbury moves. The Town of Queensbury said we're not going to move until the Adirondack Park moves. Supervisor Brandt-We're going to move we didn't realize that you could do this under the park law. I certainly don't know the Adirondack Park law in detail but, I got several calls today on this people saying that their in the park and the park does allow this if the Town leads this so, I think it's time for the Town to lead it. However, the public hearing we went through does not allow us to change that law today and pass it today otherwise the whole law would be illegal. Mr. Rollo-The Town of Queensbury has stricter rules on the wetland than Adirondack Park. Supervisor Brandt-I understand that, I heard that. We also have discussed that among the board members and said, that we have no intentions of having stricter wetland rules than the park law. But, it's going to take us a period of time to research that out and amend the law. That's all I can tell you at this point. Mr. Rollo-This new law your going to pass... Supervisor Brandt-This will affect everyone outside of the park immediately which is ninety percent of the Town. Then we can go right back into it and look at what it would take to do the same thing within the park, I think we're very willing to do that, but we just weren't informed. Councilman Tucker-I'll promise you that we'll get right on it. Mr. Rollo-Okay, good enough. Councilman Tucker-You've been waiting along time. Supervisor Brandt-Anyone else that would like to speak on this? I'm going to close the public hearing on the two lot subdivision. PUBLIC HEARING CLOSED 7:28 P.M. DISCUSSION HELD Mr. Parisi-Noted that the long form for SEQRA was used to eliminate any possible impact that may be missed which is the reason he suggested with Lee concurring that the resubdivision element needed to be removed. If you didn't add this clause it's possible all the affects could be somewhat more significant then they turned out. We did the SEQRA with the vision, understanding that the resubdivison aspect would be removed from this exemption. Having said this, it comes out essentially as little or no impact since wetlands are exempted. The Adirondack Park it's already in the Ordinance that any provisions that are in the Adirondack Park stand and then it would go through the Planning Board unless to amend the way it's been drafted so it essentially comes up as a negative declaration. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 6, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 178 TO BE ENTITLED, "ZONING - SUBDIVISION REVIEW," WHICH CHAPTER SHALL PROVIDE FOR JURISDICTION AND REVIEW OF TWO LOT SUBDIVISIONS. RESOLUTION NO.: 357,92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a local law which would amend the Code of the Town of Queensbury, by adding a new Chapter 178 to be entitled, "Zoning - Subdivision Review," which Chapter shall provide for jurisdiction and review of two lot subdivisions, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO ENACT LOCAL LAW NUMBER 6, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 178 TO BE ENTITLED, "ZONING - SUBDIVISION REVIEW," WHICH CHAPTER SHALL PROVIDE FOR JURISDICTION AND REVIEW OF TWO LOT SUBDIVISIONS. RESOLUTION NO. 358, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 178 to be entitled, "Zoning- Subdivision Review," which chapter shall provide for jurisdiction and review of two lot subdivisions, and WHEREAS, a copy of the proposed Local Law entitled "Zoning - Subdivision Review" has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on July 6, 1992, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 178 to be entitled, "Zoning - Subdivision Review," which chapter shall provide for jurisdiction and review of two lot subdivisions, to be known as Local Law Number 6, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None LOCAL LAW TO ADD A NEW CHAPTER TO THE CODE LOCAL LAW NO. 6,1992 Section 1. The Code of the Town of Queensbury is hereby amended by adding thereto a new chapter, to be Chapter 178, Zoning - Subdivision Review, to read as follows: ~ 178-1 Title. This Chapter shall be known as "Zoning - Subdivision Review". ~ 178-2 Statutory Authority. The authority for this Local Law is cited as Municipal Home Rule Law ~ 10 and Town Law ~276. ~ 178-3 Legislative Intent; Purpose. The intent of this Local Law is to modify the Planning Board's authorization to review and approve subdivisions in the Town of Queensbury. The desire is to provide for the authorization of certain two lot residential subdivisions without Planning Board approval. The subdivisions allowed would have to comply with the Zoning Ordinance. The type of two lot subdivision allowed without Planning Board approval would not seem to generally cause any environmental concerns and also would not seem to warrant the expenditure of time and money by all concerned for a review by the Planning Board. Also, as subdivisions in the Adirondack Park may be subject to restrictions or notification procedures under State Law, any subdivision in the Adirondack Park would still be subject to Planning Board review to make it easier, procedurally, to be sure that law is complied with in the event compliance is necessary. Finally, the subdivisions to which this Local Law would be applicable are extremely limited and the review provided for herein would be ministerial in nature to determine whether or not certain conditions are met. If the conditions are met, the subdivision would be allowed by the Town without Planning Board review. If they are not, then the subdivision would be reviewed by the Planning Board. ~ 178-4 Local Resolutions Amended or Superseded. This Chapter shall supersede or amend, as may be necessary, Resolution No. 114 of 1963, and any other resolution that may have granted or be deemed to have granted subdivision authority to the Planning Board. ~ 178-5 Definitions. As used in this Chapter, terms and words shall have such definitions as are established in Chapter 179, Zoning, of the Code of the Town of Queensbury. ~ 178-6 Jurisdiction and Review of Plats Showing Two Lot Residential Subdivisions. Subdivisions of parcels into two lots for single family dwelling unit residential purposes, shall be permitted in the Town of Queensbury, without Planning Board approval and shall not be considered a subdivision under the jurisdiction of the Planning Board provided that the procedures in ~ 178- 7 and 8 hereof and the following terms and conditions are complied with: (a) The parcel to be subdivided is located outside of the Adirondack Park and areas determined to be critical environmental areas in accordance with the State Environmental Quality Review Act; (b) The proposed subdivision complies with the applicable zoning regulations; (c) The proposed subdivision does not require new streets nor the creation or extension of improvement districts for the supply of water, sewer or drainage; (d) The parcel or portion thereof to be subdivided has not have been previously illegally subdivided or subdivided with the approval of the Planning Board or through the use of this procedure; (e) The proposed subdivision does not propose to establish or create more than two lots; (f) Payment of applicable recreation fees are made at the time of the application provided for under ~ 178-7 hereof; and (g) The proposed subdivision and new lots created hereunder are used to construct not more than one single family dwelling unit on each lot. (h) No further resubdivision will be allowed under this provision. ~ 178-7 Procedure and Form of Mapping and Application Subdivisions of parcels into two lots for single family dwelling unit purposes shall be permitted by the following procedure: A. An informal plot plan shall be submitted to the Zoning Administrator. The Zoning Administrator will review the plan and then, if the same demonstrates compliance with the terms and conditions set forth in ~ 178-6 hereof, the same will be stamped permitted with the following notation: plot plan meets all criterion; no Planning Board review necessary. The applicant may then use the property for single family dwelling unit purposes consistent with the Zoning Ordinance. B. The plot plan required hereunder shall contain the following information: (1) name and address of property owner (2) date of submission (3) tax parcel number (4) name of subdivider (5) approximate location of the proposed structure to ensure setbacks and septic system can be met (6) north arrow (7) that final grading of the parcel will slope away from the proposed structure for stormwater drainage and disposal ~ 178-8. Required Filings. The original plot plan submitted hereunder shall remain on file with the Town of Queensbury and a copy shall be given to the person or entity requesting the subdivision. ~ 178-9. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. PUBLIC HEARING SEWER CONNECTION DOROTHY CHARTIER - OPENED NOTICE SHOWN Councilman Tucker-What is Wastewater's opinion? Councilman Goetz-I've done the research on this, it's in Ward 2, do you want me to go through this? Town Board-Yes. Councilman Goetz-This is from Mike Shaw, I'mjust going to read it, he's head of Wastewater. Councilman Goetz read the following letter. I have just reviewed Dorothy Chartier's Waiver Request from Sewer Connection. Under Item #3 Dorothy states that she is beyond the 250' mandatory connection distance. On June 5, 1992 measurements were taken from the sewer main to the building. It was noted that the measurement is 109'6", well within the mandatory 250' connection distance. Please refer to the Town Code Book, Page 13642, Section 136-44, which states: The owner (s) of all houses, buildings or other structures and any properties used for human occupancy, employment, recreation or other purposes situated within the sewer district and located within two hundred fifty (250) feet of a public sanitary sewer of the sewer district is (are) hereby required, at the owner's expense, to install suitable sanitary facilities therein and to connect such facilities directly with the public sewer within (1) year, in accordance with the provisions of this Part 3, unless a greater distance or an earlier date is mandated by the New York State Health Department or unless there are substantial physical obstructions, in which case the owner (s) may appeal to the Queensbury Town Board, whose decision shall be final and binding. I did some research with Ron Montesi, he actually thought that it passed, Town Board had passed the waiver. Councilman Monahan-I did to. Councilman Goetz-But, I called the Clerk's Office and they couldn't find a record of it. Town Clerk, Dougher-No, we did not. Councilman Goetz-To give you some background, Ron told me that the borders of the sewer district included her property only because Earltown was proposed at the time and it was a way that they were going to get through. Ms. Chartier-That's right it's only on the very end of my property. Councilman Goetz-And she is the last house in the district. Ms. Chartier-That's correct. Councilman Goetz-And it was only for that reason she was included. I would recommend that we give her the waiver based on that fact along. Ms. Chartier-But, it is 250', it's impossible to be 100'. Councilman Goetz-Well, they've measured it. Councilman Monahan-In a case like that, I would request in the future that the Wastewater person measure this with the property owner there so that they all know where the lines are and everything else because, you know that's quit a difference we're talking about measurement. Ms. Chartier-On the matter of the measurement. The house is on the north side of the property the septic system is on the north side of the house. It's within about 20' from the very northern most part of my property which is 120' feet from the next property. I'm 100' back from the road, I don't know how you can get 100' feet out of that. Supervisor Brandt-I'm sure it's a matter of what he assumed to be your sewer connection verses what exists in the house. Ms. Chartier-The sewer connection just touches the edge of my property. There is no sewer connection the sewer pipe comes just to the edge of my property. My septic system is at least 100' from the south side of my property, but my house is also 100' this way, so, I don't see how it could possible be. Supervisor Brandt-Your septic system works fine? Ms. Chartier-Yes, I'm only one person. Councilman Monahan-Mike, if you read the front page of this waiver there are many reasons why you can get waived. I think we should just go through those and find which ones apply and then we justify the waiving of it. Supervisor Brandt-Is there anyone else here that would like to speak on this matter? It's a public hearing it's opened to anyone. Councilman Goetz-It's important that we give a permanent waiver also. Mike pointed that out to me because sometimes it can be a temporary waiver. So, if we decide to do it should be a permanent waiver. Ms. Chartier-One of the elements of this waiver is the fact that there might be physical restrictions. I have a chain link fence around the entire property which would have to be removed also. That chain link fence was put up there because I've been broken into once and attempted twice and it's a matter of security for me. Supervisor Brandt-What's the will of the board? Any other information to come here? I'm going to close the public hearing. PUBLIC HEARING CLOSED DISCUSSION HELD Councilman Goetz-Recommended that a permanent waiver be given based on the criteria of the existence of physical obstructions... That the current system is working properly... Influenced by the fact that she was added only to accommodate the Earltown development which never progressed. Councilman Monahan-Recommended that with the permanent waiver a condition be added saying, as long as the current sewage disposal system is properly functioning. Supervisor Brandt -Or maintained. Town Board-Agreed. RESOLUTION APPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR DOROTHY C. CHARTIER RESOLUTION NO.: 359, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is authorized, pursuant to ~ 136-44.1 of the Code of the Town of Queensbury, to, upon request, waive the sewer connection requirement of ~ 136- 44 thereof or vary the time in which such connection must be made, provided that certain standards and criteria or conditions are met or demonstrated and provided that a certain procedure is followed, and WHEREAS, in granting a variance or waiver, the Town Board may consider one or all of the following circumstances: (a) The distance from the building to the town sewer pipeline to which connection is required. (b) The cost of the connection. (c) The existence or nonexistence of any physical obstructions. (d) The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e) Whether the current sewage disposal system is properly functioning. (f) Whether any rights-of-way or easements are needed in order for the applicant to make the connection to the town sewer system. (g) Whether strict application of the connection requirement of ~ 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of the sewer connection requirement or that the property and the district in which the property is located or otherwise conflict with the description or objections of the plan or policy of the town and that the interests of justice are served. and WHEREAS, if the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a) In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than two hundred fifty (250) feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which the sewer line must pass in order to connect to the town sewer system, the Town Board may grant a permanent waiver from the requirement that the applicant connect the subject property, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and (b) In the event that the circumstances giving rise to the request are due to excessive costs of connection, the financial loss to be sustained by the property owner in the event of nonuse of the current system or any other specified difficulty which makes it difficult or impractical for the applicant to connect to the town sewer system and the applicant is willing to pay the full and usual sewer rents or taxes accruing against the property, the Town Board may grant an extension of time, not exceeding two (2) years, in which to connect to the town sewer system, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and WHEREAS, Dorothy C. Chartier previously applied to the Town Board of the Town of Queensbury for a variance and relief from that part of the law requiring sewer connections upon the grounds that: In excess of 250 feet - house is on northern side of property - septic system is on north side of property and WHEREAS, the applicant previously indicated that: The septic system - 1,000 gallon plus leach has no problems - use has always been by one person - owner, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on July 6, 1992, and WHEREAS, the Town Board has received a report from Michael Shaw, Wastewater Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby grants a permanent variance, so long as the current sewage disposal system is properly functioning, and BE IT FURTHER RESOLVED, that the reasons the variance is granted are as follows: (a) required. The distance from the building to the town sewer pipeline to which connection is (b) The cost of the connection. (c) The existence or nonexistence of any physical obstructions. (d) The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e) Whether the current sewage disposal system is properly functioning. (f) Whether any rights-of-way or easements are needed in order for the applicant to make the connection to the town sewer system. (g) Whether strict application of the connection requirement of ~ 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of the sewer connection requirement or that the property and the district in which the property is located or otherwise conflict with the description or objections of the plan or policy of the town and that the interests of justice are served. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTIONS DISCUSSION HELD Discussion held concerning the General Mills-Red Lobster petition. Presentation made by the John Lemery, Attorney for General Mills. It was the decision of the Town Board to turn this over to the Planning Board for their recommendation. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO.360, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning 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 that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: General Mills Restaurant Inc., Tax Map No.: 98-2-1, 98-3-1 and 98-3-5, corner of Aviation Road and Greenway North, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Town Attorney's Office notify any other involved agencies of this. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: Mrs. Monahan ABSENT:None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 361,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, NIAGARA MOHAWK POWER CORP. has submitted a request for the authorization and establishment of a Planned Unit Development and the Zoning Ordinance of the Town of Queensbury provides for review and recommendations by the Planning Board regarding the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: The Michaels Group, acting as Project Sponsor on behalf of NIAGARA MOHAWK POWER CORP., for a Planned Unit Development (PUD), Sherman Island Road and Corinth Road, Queensbury, New York. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES:None ABSENT:None RESOLUTION APPROVING MINUTES RESOLUTION NO. 362, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of June 16th, 22nd, 24th, 26th, 29th, 1992. Duly adopted this 6th day of July, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL RESOLUTION NO. 363, 92 INTRODUCED BY:Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for #2 fuel oil, pursuant to Town of Queensbury Specifications, and WHEREAS, the firm of Mabb Oil Co. has submitted the lowest bid for heating oil for all locations, and WHEREAS, the firm of John Whiteside & Sons has submitted the lowest bids for diesel oil and kerosene for Highway and Landfill, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bids be awarded to the aforesaid bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for heating oil for all locations to Mabb Oil Co. and awards the bids for diesel oil and kerosene for Highway and Landfill to John Whiteside & Sons, and that said #2 fuel oil be paid for from appropriate accounts in each department from the 1992 - 1993 budgets. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.:364, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Section 9-A of the General Municipal Law of the State of New York authorizes interfund advances and provides therein that a municipal corporation may temporarily advance monies held in any fund to any other fund of the municipal corporation, and WHEREAS, the Director of Accounting Services has advised that it was necessary to temporarily advance certain funds into the account set forth below and that the monies have been loaned as of the dates indicated herein and that, where necessary, interest will be paid as well in the following instances: DUE FROM FUND DUE TO FUND AMOUNT DUE LOAN DATE Landfill Fund - 910 Queensbury Water - 40 20,000.00 17-Mar-92 Quaker Rd. Sewer CP - 76 Queensbury Water - 40 800.00 17-Mar-92 Cemetery Retort CP - 95 Queensbury Water - 40 100.00 17-Mar-92 Landfill Fund - 910 Queensbury Water - 40 50,000.00 02-Apr-92 Quaker Rd. Sewer CP - 76 Queensbury Water - 40 500.00 17-Apr-92 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies the temporary advances made. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO INSTALL NEW STREET LIGHT ON ARBERGER DRIVE, POLE #5 RESOLUTION NO. 365, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of installing a new street light on Arberger Drive, Pole #5, NOW, THEREFORE, BE IT RESOLVED, that a new street light be installed on Arberger Drive, Pole #5, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER RESOLVED, that payment for said light shall be paid from the West Queensbury Lighting District Account. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES:None ABSENT:None RESOLUTION AUTHORIZING WITHDRAWAL OF WATER POLLUTION CONTROL REVOLVING FUND APPLICATION RESOLUTION NO.: 366,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury has previously made application to the DEC Water Pollution Control Revolving Fund in connection with a proposed County Line Sewer District, and WHEREAS, the Town Engineer, Rist-Frost Associates, P. C., has advised that certain documentation, primarily consisting of a map, plan and report of a proposed sewer district, must be filed, and a SEQRA review completed by August 7, 1992, and WHEREAS, the Town is currently studying options with regard to a proposed County Line Sewer District, and it would not appear feasible or practical to meet the deadline date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the withdrawal of the application from the DEC Water Pollution Control Revolving Fund for the County Line Sewer District, and hereby authorizes the Supervisor to send a letter requesting withdrawal and also making a request that the project be considered for funding in 1994. Duly adopted this 6th day of July, 1992, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 367, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: ACCOUNTING: FROM: TO: AMOUNT: 001-1310-4120 (Printing) 001-1310-4010 (Office Supplies) $ 100.00 001-1310-4140 (Travel) 001-1310-4010 (Office Supplies) $ 50.00 SUPERVISOR: FROM: TO: AMOUNT: 040-8340-1430 (Water Laborer B) 040-1989-4400 $ 10,000.00 (Management Project) WASTEWATER: 032-8120-4400 (Misc. Contractual) 032-8110-4830 (Legal Fees) $ 550.00 WASTEWATER: 032-8120-4400 (Misc. Contractual) 032-8110-4400 (Misc. Contractual) $ 1,000.00 LANDFILL: 910-8160-4400 (Landfill Misc.) 910-8160-2001 (Misc. Equipment) $ 1,250.00 Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION NO. 317, 1992 RESOLUTION NO. 368, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 317 of 1992, authorized the payment of shots for those crematorium workers who wanted shots for Hepatitis B inoculations at a cost not to exceed $420.00 and also provided for payment of the same from the Contingency Fund Account, and WHEREAS, the Director of Accounting Services has advised that the Contingency Account should not be used, but, rather, the charge should be made against the Cemetery Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 317, of 1992 to provide that the expense for the Hepatitis shots for cemetery workers shall be paid for from the Cemetery Fund (Fund #002) and, more specifically, Cemetery, Miscellaneous Contractual, Account #002-8810-4400. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None AMENDMENT TO RESOLUTION SETTING LANDFILL RATES RESOLUTION NO. 369,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously included a rate of $3.00 per car load or pick-up truck load for leaves and yard waste, and WHEREAS, several residents have complained that the rate is unfair for the disposal of leaves and yard waste, NOW, THEREFORE, BE IT RESOLVED, that Item 4 on Resolution No. 579, 1992, be amended as follows: With regard to leaves and yard waste the same will be at the Ridge Road landfill at an amount equal to $.50/bag with a received $3.00 maximum. Duly adopted this 6th day of July 1992 by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION AUTHORIZING PAYMENT RESOLUTION NO. 370, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Mike Kaidas of Kaidas Kitchen has presented a claim for reimbursement regarding contract 5 of the Quaker Road Sewer District, and WHEREAS, the Wastewater Department of the Town of Queensbury has recommended that the Town settle the claim in the amount of $2,000 NOW, THEREFORE, BE IT RESOLVED, that the sum of $2,000 be paid to Mike Kaidas from the Wunderlich retainer account #76- 8150-2899, thereby settling the claim. Duly adopted this 6th day of July, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None RESOLUTION OF APPRECIATION RESOLUTION NO. 371, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, The Town Board of the Town of Queensbury, by previous resolution, directed that the director of Park and Recreation Harold Hansen be appointed as Special Assistant to the Town Board of the Town of Queensbury, and WHEREAS, Harold Hansen has served with distinction since his appointment as Special Assistant on February 3, 1992, and WHEREAS, The Town Board of the Town of Queensbury appreciates the time and effort he has put into making recommendations regarding the review, reconsideration and restructuring of the Planning, Zoning and Building and Codes Departments. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the resignation of Harry Hansen as Special Assistant to the Town Board, effective June 26, 1992, and commends him for the dedication shown to completing the task. BE IT FURTHER RESOLVED, that the salary paid to Mr. Hansen revert to the salary adopted as Director of Parks & Recreation in January, 1992, said salary is $35,880 per year. Duly adopted this 6th day of July, 1992, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None RESOLUTION RETAINING BANKING SERVICES OF THE FIRST NATIONAL BANK OF GLENS FALLS RESOLUTION NO.:372, 1992 INTRODUCED By: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury desires to employ a bank to perform various banking services, and WHEREAS, The First National Bank of Glens Falls has offered to render said professional services, in accordance with their Bank Quotation presented at this meeting, and WHEREAS, the Director of Accounting Services has recommended acceptance of the said Bank Quotation from The First National Bank of Glens Falls, as modified, NOW, THEREFORE, BE IT RESOLVED, that The First National Bank of Glens Falls is hereby employed to perform various banking services, as outlined in their Bank Quotation presented at this meeting, as modified. Duly adopted this 6th day of July, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Supervisor Brandt-Discussion held on the National Church Residence. Noted that National Church residence is a not-for-profit corporation looking to establish a senior citizens housing project that is being proposed in Queensbury...Under the law as Supervisor a statement has to be signed that the corporation is worthy of consideration for setting up a not -for-profit corporation, it a requirement under New York State Law. Asked Councilman Monahan to comment on the worthiness of that company. Stated that several years ago Congressman Solomon got a HUD grant for 2 million dollars to be used in the Town of Queensbury. The National Church Residences was pick to administer the grant. Noted that National Church Residences has a reputation above reproach and is known as a leader in this field...Thinks the Town can feel very confident and feel very relax about working with National Church Residences in signing the contract... Supervisor Brandt noted that they submitted a financial report of their master corporation that is solid. Supervisor Brandt noted that they are a first class group to work with, based on this he would sign the certificates. Mr. John Salvadore-Questioned under which HUD program does the 2 million dollars comes to the Town of Queensbury? Councilman Monahan-Noted that National Church residences gets the grant from HUD to buy the land to put up the structure. Mr. Salvadore-Questioned if they had any obligation to pay back the 2 million dollars? Councilman Monahan-No, noted this is subsidized senior housing. Mr. Salvadore-Questioned ifHUD ever steps out of the picture? Councilman Monahan-Stated this is always under the control of HUD... Stated that Merl Smith has answered these questions at a prior meeting and copies are available in the Town Clerk's Office. RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF ENTITLED "ZONING" RESOLUTION NO. 373, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of a Local Law and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, a completed Part I of a Long Environmental Assessment Form has also been presented at this meeting, together with comments from the Senior Planner, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified by Ordinance of Local Law, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance as codified, it is necessary to hold a public hearing prior to adopting said proposed amendment, and WHEREAS, it is also necessary to provide notice to other governmental bodies or agencies as required by law, and WHEREAS, it is also necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is a Type I action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Zoning Administrator to such other involved agencies as may be required under SEQRA to notify the agencies of this action and that the Town Board desires to be lead agent in a coordinated review and that a lead agency must be agreed to within 30 days, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on July 15th, 1992, at 7:00 p.m. in the Atrium of the Queensbury Town Office Building, 531 Bay Road, Queensbury, Warren County, New York, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by the Town Attorney and substantially in conformance with the Notice presented at this meeting, for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Zoning Administrator is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described 10 days prior to the public hearing to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER RESOLVED, that the Zoning Administrator is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, the Notice of Public Hearing and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Zoning Administrator is also hereby directed to send a copy of the proposed amendment, Notice of Public Hearing, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency. Duly adopted this 6th, day of July, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES:None ABSENT:None OPEN FORUM Barbara Bennett-Dixon Road, Queensbury. Questioned the bank interest rate for Town deposits how does it compare to a private depositor? Town Clerk, Dougher-Noted that for Town accounts it is 4.50% interest. Ms. Bennett-Questioned the budget transfer of $10,000 for a management project. Supervisor Brandt-Noted that the Town is contracting with O'Brien and Gere to do the study of the water department. Ms. Bennett -Questioned who is responsible for the paving of a certain section of Fire Road, noted that this section is in need of repair. Councilman Tucker-Noted that the Town picks up the road at Jerome Avenue, noted he will check with Paul Naylor regarding this matter. John Schreiner-representing Mr. Shortsleeves of Duhman's Bay. Thanked the Town Board for their effort in getting the boat removed for Mr. Shortsleeves enabling him to park. Asked the Town Board to continue researching this matter. John Salvadore-Questioned the Board about the HUD grant for the National Church Residence. Councilman Monahan-Noted that the Town didn't find National Church Residence the government did...This is given to National Church Residences to spend in the Town of Queensbury...Noted that the Town has no control over the HUD grant. Mr. Salvadore-Questioned the status of the Lake George Stormwater regulations... Supervisor Brandt noted that Mr. Parisi will be looking into this matter. Questioned the Board on the status of the Lake George Wastewater regulations... Supervisor Brandt noted that the Town has a lot of interest in what's happening with a potential sewer project along the lake that is suppose to discharge water into the ground near Pickle Hill Road..A informational meeting will be held on July 16th, at 7:00 p.m., to bring out this information, noted he is welcomed to come. Mr. Salvadore read letter into the record requesting the abandonment of Dunlunan's Bay Road. (Letter on file Town Clerk's Office) Requested a workshop regarding this matter... Supervisor Brandt will check with Attorney Dusek regarding his input on this matter. Unknown-Questioned the Board as to how many people applied for meters during the anmesty period? Ralph VanDusen-Deputy Superintendent of Water Dept. Noted that he is aware of three. Unknown-Spoke to the Board regarding sewers along the Industrial Park...Spoke to the Board regarding the Dog Warden's responsibilities...Requested the possibility of the Dog Warden being available during the weekend...Questioned if the Town will have to provide a manager to run the proposed senior citizens housing in Queensbury...Councilman Monahan-Noted that the Town is not involved in the project for senior citizens housing under the National Church Residence... Spoke to the Board regarding bus transportation for senior citizens. Mrs. Tarana-Questioned if the National Church Residence employs local people for construction of their project...Town Board not sure of this. Councilman Goetz-Spoke to the Board about the existing problem of the polluted water on Homer Avenue. Noted it does appear that there is a problem with the fecal counts...Ralph VanDusen has been in touch with the Department of Health and they do not have jurisdiction because it's not a bathing beach. ..A neighbor has requested that two signs be posted... A recommendation has been made that the Board contact the Town Health Officer...It was the decision of the Town Board to talk to the Town Attorney first for his recommendation. Councilman Monahan-Spoke to the Board regarding a letter from the Bay Ridge Rescue Squad and Bay Ridge Volunteer Fire Company...Noted that it was agreed by a majority vote by the two companies to investigate separating the organizations into two entities.(1etter on file in Town Clerk's Office)...Councilman Monahan expressed her appreciation to George and Karen Ryan of Ryan's Country Farm on Route 149, for their donations of flowers to the Town, noted that a letter of appreciation should be sent to the Ryan's. Councilman Caimano-Questioned the status of the utility savings program...Memo to be sent to Attorney Dusek requesting that this be done... Spoke to the Board regarding a traffic light at the intersection of Gurney Lane and West Mountain Rd, asked if this has been taken care oLKathleen Kathe to look into this... Spoke to the Board regarding the Queensbury Citizens Advisory Committee on Environmental Affairs. Noted that a training program for accidents involving toxic spills has been established...Asked that the committee be notified of the training programs. Councilman Tucker-Spoke to the Board regarding the water system and supply of water in the Town...Noted that from the information that has been received from the engineers that are doing the study for the expansion if the Town were to start expanding today it would be three years before a gallon of water could be pumped. Recommended that as a Town Board they notify the Planning and Zoning Departments that there is a possibility that some of these subdivisions coming into the Town that there is a possibility that the Town might not be able to furnish them water.... Supervisor Brandt noted that this a matter that has to be addressed very soon. COMMUNICATIONS Landfill Advisory Committee Report Supervisor's Temporary Advisory Committee/Landfill Closure July 1, 1992 Michel R. Brandt Queensbury Town Supervisor Town Office Building 531 Bay Road Queensbury, NY 12804 Dear Mr. Brandt: Meetings of the Landfill Closure Advisory Committee were held on May 21st and June 15th, 1992 with all members in attendance. Members of the Committee are: John Cordes, Chairman, Dr. Robert Evans, D.O., David Hodgson, Peter Tarana, Ralph VanDusen, Sue Murphy and Jay Markwell. The following report is submitted by this Committee concluding our fundings on closure of the Queensbury Landfill. 1) During the past six weeks, the Committee has reviewed and evaluated the Phase II Engineering Investigation of the Queensbury Landfill that was prepared for the New York State Department of Environmental Conservation (NYSDEC) in April, 1992 by URS Consultants, Inc. This evaluation included an independent analysis of the test data from the 1992 quarterly tests on the landfill monitoring wells to assess the degree of contamination of the aquifer from materials in the landfill. Based on these studies, the Committee unanimously recommends the following: a) The Committee agrees with the recommendation in Phase II investigation that the Queensbury Landfill be removed from the New York State Registry ofInactive Hazardous Waste Disposal sites and be referred to the NYS DEC Division of Solid Waste for proper closure. The Committee also agrees with the Phase II Investigation in finding that it appears that the landfill has an impact on downgradient ground water quality, and strongly recommends an expeditious closing of the landfill to substantially reduce or eliminate the contamination of the aquifer and Mud Pond by the landfill. b) That the Town of Queensbury utilize existing computer facilities to record all present and future test data from the monitoring well sampling and present it in such a manner that a responsible town employee and the public can determine if there are increases in the concentration of compounds and ions that may be entering the aquifer from the landfill. We recommend that the town designate a qualified individual to analyze this data periodically and report to the Town Board. In addition, the Committee recommends that one homeowner will, located in the Mud Pond area, be added to the list of wells to be tested quarterly. (An order of magnitude estimate of the annual cost of this additional testing is $1,500). c) That the Queensbury Town Board consider including funds in any long range capital planning to take corrective action if the area resident's wells are made unusable by contamination that can be shown to be caused by an unexpected migration from the landfill into the downgradient aquifer. Sincerely, Isl John Cordes, Chairman Advisory Committee/Landfill Closure jc/k cc: Darleen Dougher Town Clerk Town Board Committee Members Letter to Paul Naylor, Highway Superintendent commending the Highway Department for relieving a problem on Garner Street. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 374, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr, Michel Brandt RESOLVED, that the Audit of Bills appearing on Abstract July 6th, 1992 and numbering 92263000 through 92292500 and totaling $237,925.16 is hereby approved. Duly adopted this 6th day of July, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Abstain:Councilman Caimano #000127 G.F. Newspaper, Councilman Monahan #000453, Community Workshops No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk-Queensbury