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2007-07-02 MTG29 689 TOWN BOARD MEETING 07-02-2007 MTG. #29 TOWN BOARD MEETING MTG. # 29 JULY 2, 2007 RES. 311-325 7:00 P.M. BOH 8-10 LL 3 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER Sr. Planner Stu Baker Fiscal Manager Barbara Tierney Supervisor Stec-Opened the Meeting. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD SANFORD RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 311.2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. nd Duly adopted this 2. day of July, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH 1.1Public Hearing – Arlene Seelye’s – Sanitary Sewage Disposal Variances NOTICE SHOWN DATE OF PUBICATION: June 22, 2007 Supervisor Stec-We had set this two weeks ago and they are seeking, the property location is on Sunnyside and they are looking to install a septic tank pump stationed three feet from the foundation instead of ten feet set back as required, nine feet from their well instead of the required fifty foot set back and five point four feet from the property line instead of required ten foot. The property is located at 148 Sunnyside Road. Councilman Boor-That is for a septic tank and pump station not leach field. Supervisor Stec-Yes, septic tank/pump station. Mr. Center, you are the applicant’s engineer? 690 TOWN BOARD MEETING 07-02-2007 MTG. #29 Engineer Tom Center-Yes, Sir Supervisor Stec-Is there anything that you would like to add? Engineer Center-No, just the we are looking to install the septic tank and pump station within the distances that you mentioned, the existing system is an old septic tank and seepage pit that is close to the lake. As you can see on the drawing both the tops of both systems are wooden planks that have been required to be replaced and when they were pumping out the septic tank the top on that collapsed, they had to clean that back out to fix it. The system is currently running slow, so prior to any failure of the system we are looking to install a septic tank and seepage pit and pump across the road to a new system which will be further away from the lake away from any neighboring wells and in good soil. Councilman Brewer-How far is that distance Tom? Engineer Center-On the other side of the lake? Councilman Brewer-Yes. About. Engineer Center-It is over two hundred and fifty feet vs I believe seventy five feet currently, about forty five feet from the lake is the existing seepage pit. Councilman Brewer-Thank you. Councilman Boor-Tom, I have a couple of questions, the property across the lake is it a single deed or is it two deeds? Unknown from Audience-Single Councilman Boor-The only other question I have it is a concern on the sewage pump station, if when I run a straight edge on your drawing I see the alarm goes on at a point where it is conceivable that leakage could occur in the whole in the pump station that allows the pipe to come out. In other words they seem to be at the save elevation. How is that sealed? Engineer Center-They are sealed hydraulic cement. All entrances to the septic tank and the pump station standard installation they are all sealed with hydraulic cement or a boot when they come from the factory. Councilman Boor-Is it typical to have that elevation identical to the bottom of the exit pipe? Engineer Center-Well, it comes in at a slope I mean, coming in from the septic tank it does Councilman Boor-My concern is the well is very close so, if it leaks out of that pump station I know it is not going to go up the pipe, but it could leak out and go into the well that is my concern. Engineer Center-Everything is sealed with hydraulic cement the septic tank has preinstalled boots on it where they sit in it or they are sealed with hydraulic cement and standard installation. Councilman Boor-Ok. One other question Supervisor Stec-Go ahead Roger. Engineer Center-With the pump station prior to it overfilling it has an interlock when that alarm comes on the water supply to the house is turned off so you can’t, you have a safety built in to the system with the pump station under the Town of Queensbury Local Laws. 691 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Boor-One other question is you have got this pump to be effluent pump rated at a minimum of twenty gallons per minute, fifteen feet total dynamic head, I think I figured it out you are about ten or eleven feet so that is fine, right? In other words you are over it but I mean there is no issue of it not being able to pump? Engineer Center-Correct. Supervisor Stec-I will declare this public hearing open, if there are any members of the public that would like to comment on this sewage variance application just raise your hands, I will call you one at a time. Town Clerk Darleen Dougher-I do have a letter. Supervisor Stec-Go ahead, please Darleen. Town Clerk Dougher read the following letter: From: Dianne Barber Kansas Please be advised that I am in support of Arlene Seelye’s variance request re: A Sewage Disposal Variance for tax map no. 290.5-1-36 & 290.5-1-38. It is my understanding that this hearing is scheduled before the Queensbury Local Board of Health on Monday, July 2, 2007. This support will continue in the event the meeting date is moved. Thank you for entering this approval into the pubic record. Supervisor Stec-Again is there any member of the public that would like to comment? Any other Board Member discussion or comment before I close the public hearing. Councilman Strough-Just one quick question Tom. Supervisor Stec-Go ahead. Councilman Strough-Do you have to get permission from the Highway Department to go under Sunnyside Road North? Engineer Center-I believe when we apply for the septic permit that it will have to go through and they will have to give us approval and discuss it, we will be in contact with them, certainly to do that. It is relatively good sand soil with very little boulders so we could probably either push a sleeve underneath or have a directional bore one way or the other. Councilman Strough-Yea that is what I mean probably directional bore and not disturb it. Engineer Center-Yes. Councilman Strough-Ok, thanks. Supervisor Stec-Any other questions of comments from the Board Members? Again from the public is there anyone that would like to comment? Hearing none I will close the public hearing and entertain a motion. RESOLUTION APPROVING ARLENE SEELYE’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 8, 2007 BOH 692 TOWN BOARD MEETING 07-02-2007 MTG. #29 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Arlene Seelye filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a septic tank/pump station: 1.3’ from the foundation instead of the required 10’ setback; 2.9’ from the well instead of the required 50’ setback; and 3.5.4’ from the property line instead of the required 10’ setback; on property located at 148 Sunnyside Road North in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing nd concerning the variance requests on July 2, 2007, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is 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 Local Board of Health hereby approves the application of Arlene Seelye for variances from the Sewage Disposal Ordinance to install a septic tank/pump station: 693 TOWN BOARD MEETING 07-02-2007 MTG. #29 1.3’ from the foundation instead of the required 10’ setback; 2.9’ from the well instead of the required 50’ setback; and 3.5.4’ from the property line instead of the required 10’ setback; on property located at 148 Sunnyside Road in the Town of Queensbury, and bearing Tax Map No.’s: 290.5-1-36 and 290.5-1-38. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 1.2 RESOLUTION RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT SAMMLER RESOLUTION NO.: 9, 2007 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Robert Sammler has applied to the Local Board of Health for a § variance from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the applicant wishes to install a 3,500 gallon holding tank on property located at 323 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, July 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert Sammler’s sewage disposal variance application 694 TOWN BOARD MEETING 07-02-2007 MTG. #29 concerning property located at 323 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.: 226.12-1-36 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 the property as required by law. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 10.2007 BOH RESOLVED , that the Queensbury Board of Health hereby adjourns its meeting and moves back into the Town Board Meeting. nd Duly adopted this 2. day of July, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None TOWN BOARD MEETING 2.0 PUBLIC HEARINGS 2.1 Public Hearing – Local Law to Amend Queensbury Town Code Chapter 55 “Boats” To Clarify 5 MPH Speed Zone Descriptions/Boundaries In Harris Bay, Lake George NOTICE SHOWN PUBLICATION DATE: JUNE 22, 2007 Supervisor Stec-I will open this public hearing over here to my right is a map of Harris Bay that shows two lines, the vertical line is the current code as currently written the line to the left that jogs to the left that jogs to the southwest about two thirds of the way out and then goes straight down to the nearest point is the proposed code change which roughly mirrors a map that had been presented last fall as showing a series of buoys as they currently were located and I understand that one of the people that was a driving force behind bringing this issue to our attention is in attendance tonight and I am sure he is going to take the floor in a minute and he may ask the Board to consider something in between those two lines. However just to explain to everyone what we are talking about 695 TOWN BOARD MEETING 07-02-2007 MTG. #29 the Town Code describes where these five mile an hour buoy marker are located and the Town does not locate them the Park Commission actually locates and enforces the speed limits. But, they need to put them in, in accordance with our Code. It was discovered that they were locating them farther away from that vertical line, the vertical line is where the Code was written. So, last summer one day when they were located they were located on that and of course people noticed the difference and we started getting some calls and the investigation did show that the Code is straight vertical line however historically they were further to the west. So, we had moved in the direction of relocating them to where they historically had been located and we are here to take comment on that tonight. If the Board decides to move forward we can or if we decide that we want to entertain something else we can cross that bridge when we get to it. Councilman Sanford-So, just to clarify they both look like vertical lines to me. Supervisor Stec-There is one that is perfectly vertical. Councilman Sanford-The line to the right. Supervisor Stec-That is the vertical one. Councilman Sanford-That is where they are now. Supervisor Stec-That is the current Code. The one that is diagonal not quite, less than vertical is the one that what the Code proposed Code change would locate. The red circles around them is a hundred foot arch which the current Code doesn’t really talk about, a margin for error in locating these things but as every one knows when you locate them, they are not going to be perfectly on that point on the globe. So, Mark Noorsdy had talked with I believe it was somebody at DEC, and they suggested that we use a plus or minus one hundred feet so that red circle around those shows a hundred foot swing. So, again and I point that out one to explain the red circle which for the audience to here might not be very visible, but you are free to come and take a peek at it. But the thing is that I will also point that out that if we look at some line in between the two I mean I think we are going to see some overlaps on these swing things so I do not know if we are splitting hairs at that point. Councilman Boor-For some clarity, five years ago which one of those lines represents where the buoys were? Supervisor Stec-Where they were five years ago, I believe the line to the left, although five years ago the Code is the line to the right. Councilman Boor-I understand, I am talking about where they were. Supervisor Stec-I believe the line to the left although I have gathered and Councilman Boor-That is my understanding. Supervisor Stec-but they may have drifted a little bit over time. Councilman Sanford-Ok, and they are now to the line to the right. Supervisor Stec-Closer to the line to the right, although unfortunately these things are not bolted to the earth as Mr. Hogan Councilman Boor-I just think it is important that the audience, you can left, right, yellow, red but it is important Supervisor Stec-The line to the left is where they are currently are. Councilman Boor- that the audience understands where they have historically been for the longest amount of time and that would be the yellow, correct? 696 TOWN BOARD MEETING 07-02-2007 MTG. #29 Supervisor Stec-Well the dots are all yellow, the line to the left is where they currently are, where they were. Councilman Boor-I know, I see red dots from here, but maybe I am color blind. Supervisor Stec-How about this I know our first taker will probably be Mr. Hogan who brought this to our attention and I put you on the spot Mr. Hogan and ask you to come forward and clarify or not what I just tried to explain. Mr. Brian Hogan-Well, the first thing we will try to do is to clarify a little bit. Mr. Boor what you had indicated is where they were five years ago vs where they are today. The line to the right is correct it represents by the way I drew this map, and I did the GPS coordinates on it and I submitted that to the Town. The line to the right is where the ENCON is and where it is based upon historical maps with the research that we were able to do. The line to the left however is indication of where the buoys were located at a point I believe in the beginning of last summer. The reason I even got involved with this whole project is if you look at that line that is about in the middle of the bay. You indicated where they were five years ago they were no where near that location five years ago. I wouldn’t have even noticed it if it had not been for the fact that one day I went out and I said my god those buoys are in the middle of the bay. The two concerns I had with moving the buoys, one is a safety issue. I mean it does not look like a lot on a map like that but if you are familiar with navigation and the number of feet that is in between the Encon Buoys and where they are proposed to be located is actually a fairly significant distance. One is a safety issue, the safety issue that I would like to bring up is the fact that, that bay is used considerably for water skiing and tubing and things of that nature. Now if you look to the area to the left of the proposed location it does not leave a lot of room within that bay for people to execute water ski turns and everything else. It has the effect of compressing the boat traffic in that area it also brings people closer to the west shore which further causes a safety issue. The second thing I would like to bring up is an environmental issue. The environmental issue is that there is a large milfoil bed located in the middle of that bay. If we were to remove the buoys it would effectively enclose that milfoil bay, milfoil area within the five mile an hour zone. Now anybody who is a boater would realize that a protected five mile an hour zone is excellent place to anchor your boat. It is going to promote anchoring in that area. What happens in that type of situation is, is that anchorages when people anchor their boats and then they weigh anchor they basically pull up a lot of weeds and it forces a spread of that. The Daren Fresh Water Institute had actually tried to manually harvest most of the milfoil in that area but they actually gave up that project because people have been moving the buoys out and a lot of people have been rafting boats there and the milfoil effectively comes back every year. So, I mean I am not against moving some of the buoys or looking at that but I just think we need to look at that from a perspective of what is the best for the environment what is the best for safety and what is best for the people that live around the lake. Councilman Sanford-How do you balance your concerns which if I understand you correctly is it to leave them pretty much where they are vs moving them out with some of the concerns that people have with boat wake? Mr. Hogan-Yea, what you are looking at if you look at the complete vertical line right there the vertical line basically what that does as far as when people come in and they are coming off plain to come into Harris Bay they will stop in a line pretty much parallel with the ways the buoys are on the right hand side of the screen. If you imagine a boat wake coming out at that particular time it actually fans out and goes directly against the shore. The way it is looking if you move them left which you have on the left side of it is boats are forced to come in at more of an angle or an oblique angle to that line which basically causes the boat wakes to dissipate a little more up and down the bay as opposed to directly toward the shore. You know there is possibility of a way to look at mitigating that possibly changing that line with certain extent on the further northern most part and then bring it back in sooner toward the other way to avoid the milfoil bed and also leave the water skiers ample room to make their turns and do their tubing and stuff like that. So, I think there is a possibility to meet the goals of everyone involved. But certainly the one that is out there now those are way out in the middle of the bay and the five years that 697 TOWN BOARD MEETING 07-02-2007 MTG. #29 I have lived up there and the prior years when I had a boat at Harris Bay Yacht I have never seen the buoys out that far. Councilman Sanford-One of the issues I mean, I think you are well aware of it is that when people cruise in from the lake into Harris Bay a lot of them come in pretty quick and then they slow down and as they slow down to the five mile an hour limit that is when the wake is the biggest. Mr. Hogan-Correct Councilman Sanford-And then that is when the waves would most likely hit Takundewide area and is it’s Smith’s I believe who has a small Councilman Boor-The east side? Councilman Sanford-Has a marina and then of course if you go over to the folks on the other shore as well. No matter where these lines are I think you are going to see, you are going to continue to see that. That is what they do they don’t slow down way before that, so it is a little bit of a problem. Mr. Hogan-Then that is exactly what is going to happen if you move them way out there then actually technically you could get into a situation where the people of Takundewide would start to complain because now you have moved the line way farther out and in such a manner now people are going to slow down and the boat wakes, if you image a boat traveling and having to slow down at an angle like that then they are going to slow down a little bit sooner and the people at Takundewide are going to complain. That is going to happen no matter where you move that line just by virtue of the fact somebody got to slow down somewhere. Supervisor Stec-Again, and I told you on the phone today that was my rational from getting this initial data from you last fall and just a few anecdotal kind of conversations I had since, at that time and since then that it seemed that although I guess you would say not ideal, my phone never rang about the location of these buoys before and so my rational was maybe putting the buoys where they had been located. I understand what you are saying that you think that maybe the data you provided me was an anomaly, again these are not hard fast they move around they are movable so the snap shot you took that day may not have been a good day to take that picture. Mr. Hogan-It wasn’t probably a good day to take that, that is what brought my attention to it and why I got involved. Now fortunately I am not one of the people that goes out and moves the buoys in the middle of the night so the only way I had to work within the area of the law was to determine where they were supposed to be. Supervisor Stec-You caught it. Mr. Hogan-Unfortunately that probably brings it a little bit too close to the lake George Boat Club for their comfort I would imagine and possibly some of the other people on that shore. I think you have to look at the safety issues and you have got to look at the environmental issues before you really move forward with changing something that has been in place for fifty years. Councilman Boor-That milfoil bed is that coming right to the surface? Mr. Hogan-It comes pretty close to the surface,yea. If you go out there on a Saturday afternoon and stuff like that and you have boats anchored out there and they weigh anchor at five o’clock or what ever it is I mean they drag up a lot of stuff and you know some people clean it off and some people carry it further up the lake or bring it right back into the marina. Councilman Strough-One of the ways milfoil spreads is getting chopped up and regenerating. 698 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Hogan- Right, exactly. It is one of the most significant ways that it spreads. Actually I have a little bit of experience with that for five years I was part of the Citizens Lake Assessment Program. So, I am familiar with about how that invasive species spread. That is one of the keys ways that milfoil spreads, is actually boats chopping it up or particularly weighing anchor anything that breaks it up into pieces and moves it around really significantly spreads it. That is why, people from the Darren Fresh Water Institute could not understand why it was coming back so quickly in that area. That is one of the reasons why, is the anchoring that was going on. Councilman Strough-For one thing it has got to be relatively shallow there for milfoil to grow. Councilman Sanford-It is about nine to eleven feet throughout that bay. Councilman Boor-Over twenty it doesn’t do well. Mr. Hogan-Over twenty feet it doesn’t do well it is probably about fifteen or sixteen feet in that area. It is not, the milfoil doesn’t come close enough to the surface where you would notice it in a boat or swimming or something like that. Councilman Boor-That was really I certainly understand the issue of anchoring and pulling it up one of my concerns was just boat props if it is right at the surface you know. Mr. Hogan-It is not that, it is not close enough to the surface where a boat prop would get it now. Councilman Brewer-Will it get that close? Mr. Hogan-Eventually it could grow that high it has not happened in the past four or five years that I have noticed but you know any time it gets more dense and goes from year to year as the nutrients increase in the lake for what ever reason then yea, it is going to promote that growth. Councilman Sanford-When you get way into the Bay and you are on a calm lake and you look down you can see the weeds and vegetation is probably at times four feet from the surface at times, four or five feet. Councilman Brewer-So, will that, help me understand it does that just keep growing taller and then move out as time goes on? Councilman Boor-Well, I think props cut it up and then it vegetatively reproduces. Councilman Sanford-Actually it has never gotten to prop height. Councilman Strough-Aren’t props higher more toward the surface at lower speeds? Councilman Sanford-My experience up there is the, is the props have not yet actually cut it up anywhere in the Bay that I am familiar with but sometimes you have to look and you say it is getting close. I have never seen a situation where a prop has chewed it up in the Bay. You could certainly see the weeds coming up lets say four to five feet from the surface of the lake, it does not seem to get any higher than that for whatever reason, is that correct? Mr. Hogan-That is correct Councilman Sanford-Now when you get out to where these buoys are and what this gentleman is saying Councilman Strough-The red buoys or the yellow buoys? Councilman Sanford-Both, in both cases the weeds are considerably further down because you start to drop off in depth, and you are probably like he said fifteen to even 699 TOWN BOARD MEETING 07-02-2007 MTG. #29 twenty feet in some of those areas and the weeds are probably ten feet from the surface there. Right? Mr. Hogan-That is exactly right, so realistically in that area the way that they get chopped up or brought to the surface is with the anchors from boats anchoring in there. Councilman Sanford-What you are seeing on, I do have to agree with you, is with gas prices higher now and with a lot of people got to Sandy Bay, but Sandy Bay does not allow anchoring they, you have to tie up. Mr. Hogan-There are moorings there, correct. Councilman Sanford-I have noticed over the last seven or eight years more people are actually anchoring in Harris Bay where that as a rarity. Mr. Hogan-They almost never occurred five years ago Councilman Sanford-Now, you are seeing them. Mr. Hogan-Well, yea, especially with the buoys being moved out and stuff like that it makes it more conducive to that, so. Supervisor Stec-Anything else, Mr. Hogan? Ok. Is there anyone else that would like to comment? Town Clerk Darleen Dougher-His first name? Supervisor Stec-I am sorry, Brian, right? Mr. Hogan-Brian Supervisor Stec-Brian Hogan, sorry. Is there anyone else that would like to comment on this public hearing, yes, Mr. Salvador. Mr. John Salvador-With regard to the milfoil and fragmenting it with boat traffic other areas of the lake have quarantined these milfoil beds against invading them with boat traffic. The other thing Mr. Sanford it is a common perception that gas prices are higher but we are vending gasoline for three dollars and seventy five cents a gallon and contrary to what I read in the Post Star that is not higher than last year. Thank you. Supervisor Stec-Thank you Mr. Salvador. Is there anyone else that would like to comment on this public hearing? Yes, Sir? Mr. Bill Crowell-I reside at 20 Holly Lane I basically would just like to say that in terms of any change to this I think that before anything is done to the existing statue that you have, your existing local law that at a minimum I think there needs to be some kind of study that it just shouldn’t be based on wake or whatever. I think as Mr. Hogan said there are two issues, one is safety and generally the other issue that is found with respect to setting buoys especially for speed limit is there any shore erosion? If wake provides shore erosion then it seems to me that there is that environmental issue plus the other environmental issue that Mr. Hogan mentioned about milfoil. So, what I would respectfully suggest to this Board is that before any action is taken to change this that either work with the Lake George Park Commission, DEC, State Park Commission whoever would be the appropriate agency to first verify where these buoys are in terms of the location in your statue in your local law and then secondly if there is going to be some change proposed that it be done based on some factual gathering some basis as to why. I mean, has there been a safety problem, have there ever been any accidents you know what are the impacts of moving this twenty feet I mean if it is some minimal number of feet obviously you know, as you pointed out these things do have a tendency to move but if you are going to undertake anything that is significantly different from what your local law requires I would suggest that there has to be some kind of rational basis as to why you are doing it. Again, is there safety, has there been accidents has there been 700 TOWN BOARD MEETING 07-02-2007 MTG. #29 problems? You know what are the environmental consequences of moving this? What is if any impact on shore erosion. As someone pointed out earlier you are going to have to slow down at some point anyway and everybody, you know, somebody is going to be impacted with a wake at some point in this. So, again all I would urge is that before there is any change that there is some kind of study undertaken by the Board before anything is done. Thank you. Supervisor Stec-Thank you. Is there anyone else that would like to comment on this public hearing. All right I will close this public hearing. Town Board can discuss what we want to do from here. As I see it our options are we can more forward with this or we can not take any action and continue to study in which case the law that currently stands is the line to the right. Councilman Strough-Mr. Crowell? I wanted to make sure that I had your name correct. Mr. Crowell-Right. Councilman Strough-But I liked your suggestion, we have an excellent resource as a matter of fact I was just at their conference last Monday, the Watershed Conference which includes the Lake George Conservancy, the Lake George Park Commission input and it includes the Fund For Lake George and Lake George Association includes all that. Why don’t we go to Dave Decker and see what Mr. Crowell was suggesting is there safety issues here, from a factual and empirical and objective point of view and are there environmental consequences to moving this. Do they have a preference? Councilman Brewer-Or is there a consequence in leaving them, find out both ways. Councilman Strough-So, I thought it was just a good suggestion, I thought it would be a wise next step is there is nothing I do not see any urgency. Supervisor Stec-Everytime they move some people get happier and some people get less happy. Councilman Strough-I believe that is what they are there for. Supervisor Stec-But, you are right I do not think it is urgent. Councilman Boor-Dan, have we determined if their location now is where it is supposed to be? Where the Code calls it, for it to be? Supervisor Stec-The Code calls it to be on the line to the right. Councilman Boor-I know exactly where they are. Supervisor Stec-For the third time Roger, they move around every day. Councilman Boor-So, they are not there. Supervisor Stec-No, they are probably never there. Councilman Boor-That was my question. Supervisor Stec-They probably never, the people that want it moved further out, move them further out, the people…move them in. Councilman Boor-I understand that, I just want to know where they are as we speak. Councilman Brewer-How are they anchored? Supervisor Stec-I don’t know what the anchorage is. But you can lift them from a boat that is how they are placed. 701 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Sanford-Probably a concrete block. Councilman Strough-In the old days didn’t they have these big huge like grist mill objects? Councilman Sanford-That is what they have in Sandy Bay. Councilman Boor-Some of them have permanent anchors. Councilman Sanford-The take the buoy off and then leave something under the water that they grab and then they attach them up I believe in the Spring. Supervisor Stec-They are not doing that here, maybe in other places. Councilman Boor-Actually they do it quite often that way. Councilman Sanford-I just as soon study it a little further only because what I have hearing here is counter intuitive to when I came to this meeting I would naturally think if you push them out further it is safer and would be better in terms of wake management but I am hearing a couple of people say that is necessarily so, so. Councilman Brewer-You are transferring a wake from one place to another. Councilman Sanford-I would like to know the reality is. Councilman Boor-Brian did you say you did any a discussion with Chris Navitsky on this? Mr. Hogan-Just a brief one today. I thought he had been called already, but he wasn’t aware of this. Councilman Boor-Because he is also a great resource on something like this. Mr. Hogan-He said he would like into this, but he got something a little more pressing going on in Bolton right now. Supervisor Stec-Ah, yes. All right I have absolutely no problem getting a hold of Dave Decker and Chris Navitski giving them the details as I understand as the Town has them and asking them to look into it and perhaps get a recommendation back to us. We have closed the public hearing so if never come back to it that’s fine so I do not think we need to table it. We will pull it and take no action on it. I will get a hold of Dave Decker and Chris Navitski in the next couple of days tell them about this and ask them to look into it. Like I said there will be people out there that say I wanted that change and other people saying I didn’t want that changed and I don’t think any of us can say it is an urgent issue so we can certainly wait another month or so before we have an answer. NO ACTION TAKEN 2.2Public Hearing Proposed Local Law to Amend Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal” NOTICE SHOWN PUBLICATION DATE: JUNE 22, 2007 Supervisor Stec-This was the result of the Town Board has been using for some of our Board of Health items in house contractual services from the Town Engineer. The Planning Board has available to them in the Code that they can charge back applicants for the Town’s engineer resources when we review, the Planning Board reviews those application. The Board of Health in the current code right now has nothing that allows that. So, the only change that this does is that it allows the Town Board of Health to charge back those applicants in a similar manner to the way that we do Planning Board 702 TOWN BOARD MEETING 07-02-2007 MTG. #29 applicants for engineering services for things like and among but not limited to, deep hole test pit, die tests, inspections, reports, septic related percolation tests those sorts of things where we would have an engineer go and work with an applicant from the Board of Health perspective. So, that is what all this change does is allow us to charge back for those services instead of it coming from the general fund. Councilman Sanford-So, this is addition to those other fees that you previously mentioned that the Planning Board does? Supervisor Stec-Yes, this doesn’t change that. Councilman Sanford-So, this could be in addition to it. Supervisor Stec-Oh, absolutely it could be in addition, oh, I understand your question, yes, right. That this is a local law for 136 for sewers and sewage disposal this is separate, so you are right potentially they could get, the answer to your question is yes. They could get charged by both the Planning Board and by the Board of Health. With that I will open the public hearing if there is members that would like to comment on this public hearing I just ask that you raise your hand. Anybody at all. Mr. Drellos, you should be a little interested in this up your alley a little bit. Mr. George Drellos-27 Fox Hollow Lane Dan in the past I know they have not charged what has their normal fee been? Supervisor Stec-Depending on what the work has been in the area of a few hundred dollars four or five hundred dollars depending, six hundred in the neighborhood of five hundred. Councilman Boor-There are issues of terrain and locations I remember going to one meeting of the Planning Board and they were showing some slides actually it was one of these projector deals and they were doing test pits and it was on an incredible incline and they had heavy equipment in there so I would assume that it is something like that would be more expensive then a typical flat land. Mr. Drellos-Well, yea, most of the time they are going to have to hire an engineer anyway to draw the plans up so they are going to have to have the heavy equipment in there anyway, so this is just an extra added charge for your safety sake so you can be assured that it is done correct. Councilman Boor-In that instance though George if it was coordinated and that is what we always hope happens that our engineer coordinates with theirs if in fact they are going to be, have to be digging these things our engineer would be there so they would not be getting double charged for the excavation portion the only thing they would be getting billed for is the analysis of the data that came out of that. So, in those instances it would be relatively inexpensive. Mr. Drellos-Another extra five or six hundred dollars. Councilman Sanford-It depends on, first of all we were having them done by a much larger firm and they were running on average in the neighborhood of five hundred dollars, but it is a function as everybody said the terrain and also how many tests pits they have to do to proof out the area. I would think if it could be coordinated now that we are using our own Town Engineer you are probably talking in the neighborhood of four hundred typically at the most for what we are doing here. But, as you know, you know the history, the history is we wanted to make absolutely sure especially in critical environmental areas that it was appropriate to move forward with these new systems and everything else and so there is an added cost now to the applicant but it is judgment call and we think it is a good judgment call. Mr. Drellos-It just keeps going up for people and I quite honestly they are going to be mostly in your Ward and your Ward Roger, you know what I am saying. They are mostly in your Ward. 703 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Boor-Yea, but, George you know, but the antitheist of that is a situation like Surrey Fields, where proper test pits and perk test weren’t done and we have to, the poor residents over there had to retro fit and pay along with the developer to have that area sewer and that was tremendously more expensive then if it had been done correctly to begin with. Mr. Drellos-Shouldn’t that have went thorough the Planning Board though and not the Board of Health? Councilman Boor-What I am, well see that is exactly what we are talking about we are not going to let those kinds of mistakes take place again because we are going to have an engineer review this stuff. Mr. Drellos-See I am just talking just regular household septic system, that was an engineered that should have went in front of the Planning Board. Councilman Boor-They don’t need it, George, its for critical environmental areas. Councilman Sanford-They do not need it, George. For those applications that come in front of the Board of Health and they are typically the ones that are in close proximity to Lake George. Councilman Boor-If the only, the only way they can come to the Board of Health is that they are seeking a variance, that is the only time we get them as a Board of Health, so the other ones that don’t require a variances don’t have to look at it. Supervisor Stec-Thanks Mr. Drellos. Is there anyone else that would like to comment on this public hearing, yes Mr. Salvador. Mr. John Salvador-It has always upset me that the Town has to engage someone at the applicants expense. I think the Town should have the resources to do the checking of the applications and the submission of data and that should be included in cost of the application and because you are not staffed and you don’t trust the people on your staff to do the job they are supposed to do then that puts an added burden on the Councilman Boor-They are not licensed engineers John, they cannot legally stamp or approve. Mr. Salvador-Exactly. Councilman Boor-So, how are they Mr. Salvador-And we don’t expect town employees to certify applicants drawings that is not their job. Councilman Boor-That is why we hire an engineer. Mr. Salvador-You are not hiring the engineer the applicant is and he who pays the fiddler calls the tune. Councilman Boor-No, that is a real bad… Councilman Sanford-John, there has been situations in the past where applications have been misrepresented by engineers and you can understand why, the engineer is getting paid to support the applicant and he certainly not going to come in with a report that is discouraging moving forward in the project. Now, all you have to do is look around the Town of Queensbury and you will see situations like that. Use my Ward as an example with the problems that people have with the water in their basements and flooding and everything else to know that in the past applications have been presented by applicants and their engineers that we as a Town would have been better served if we had this in place then where we verified the data. That is the reality. 704 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Salvador-The solution to your problem a false representation is available to you at the State Education Department that issue license. They have a committee on professional ethics and all you have got to do is file a complaint on an engineer that has misrepresented, very simple. The forms are available on the web site. Councilman Boor-John it is a great idea except it would be ten years before we got an answer and the house would be built the septic system would be in and the problems would be occurring and then they would say hey, this isn’t going Mr. Salvador-Wait the project doesn’t go ahead, you pull the permit if you are not satisfied. Councilman Sanford-Again, John it is a highly debatable issue this is the course of action that the majority of this Board felt was prudent but your points are not without merit. I for one feel better having this process in place to protect the adjacent homeowners to a new development and quite honestly also the person who is building the new home or the new office building, that way they are going to know ahead of time what the soil conditions are that they are dealing with. For the amount of money that we are talking about in the greater scheme of things it doesn’t seem to be that material an issue, at least not to me. Mr. Salvador-Thank you for the assurance that my arguments have merit. Supervisor Stec-Thank you Mr. Salvador. Is there anyone else that would like to address the Board on this public hearing? Mrs. Monahan Mrs. Betty Monahan-Sunnyside Road Having set where you gentlemen are sitting I want to commend you on the action that you are considering taking. Anybody who thinks that one professional judgment is all that should be considered, has not set there and listened to two engineers argue over a point. You need somebody whose only loyalty is to this town and if we do not have somebody like that, I as a taxpayer is going to be picking up the problems. If somebody is applying as an applicant all the burden of proof all the burden of cost should be on them not on the general taxpayer. Supervisor Stec-Thank you, Betty. Is there anyone else who would like to address the Board on this hearing? Mr. Auer Mr. Doug Auer-Goodevening, Doug Auer, 16 Oakwood Drive. I did not plan to comment tonight but on this point Betty is absolutely correct it is said to say but too many elected officials today don’t know what they don’t know. That sounds kind of silly but it is true. This is very important and you need to know when it is time to seek professional expert advice that is woefully lacking I see that, and I have seen that here in the Town and at the County. So, you should really take that seriously and look for good people and if you can’t assess whether they are good or not find somebody who can make that assessment because I would even submit some of you here don’t even know whether someone is competent enough to give you advice. Supervisor Stec-Is there anyone else that would like to address the Board this evening on this public hearing? Seeing none I will close the public hearing, and entertain a motion. RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL” RESOLUTION NO. 312, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION 705 TOWN BOARD MEETING 07-02-2007 MTG. #29 SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3 of 2007 to amend Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal,” to provide for the payment of professional consultant review fees for the administration of such Chapter 136 and the payment of such fees by the property owner or applicant, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and nd WHEREAS, the Town Board duly held a public hearing on Monday, July 2, 2007 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2007 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None LOCAL LAW NO.: 3 OF 2007 706 TOWN BOARD MEETING 07-02-2007 MTG. #29 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 ENTITLED “SEWERS AND SEWAGE DISPOSAL” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Intent. This Local Law provides for amendments to Chapter 136 of the Code of the Town of Queensbury to provide for the payment of professional consultant review fees for the administration of such Chapter 136 and the payment of those fees by the property owner or applicant. Section 2. Amendment to §136 of the Code of the Town of Queensbury. There shall be a new §136-14 D, as follows: D.In carrying out the provisions of this Article IV, the Local Board of Health or the enforcement officer may engage the services of a qualified professional consultant for expert review and recommendation arising from the carrying out of the provisions of this Article IV, including but not limited to the review of plans, specifications and reports, attendance at inspections, dye tests, deep hole test pits, septic-related deep hole and percolation tests, system installation, and any other aspect of any matter contained in this Article IV, and any costs incurred in such review shall be paid to the Town by the owner of the property before any approval granted under this Article IV shall become effective, or within 30 days of presentment of an invoice for same, whichever is sooner. Such costs shall not exceed $1,500 without prior written notice to the party to be charged with same. Section 3. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. 707 TOWN BOARD MEETING 07-02-2007 MTG. #29 Section 4. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. 2.3 Public Hearing to Adopt Town of Queensbury’s Storm Water Management Program Annual Report NOTICE SHOWN PUBLICATION DATE: JUNE 22, 2007 Supervisor Stec-I turn this over to Stuart Baker Annually the Town is required to turn in a MS-4 which is a Storm Water Management Report to the State for the years activities. I think Stu will, Stu prepared the report we set this hearing two weeks ago a public hearing is required in order for the Board to accept the report and send it onto the State and Stu I know you had a few things you wanted to point out. Sr. Planner Stu Baker-Ok, Thank you very much. Copies of the Report are on the table up here if anybody is interested. Essentially under New York State Law which is a reflection of Federal Law the Town of Queensbury has entered into a Storm Water Management Program and over a five year period under the law we are supposed to be annually adding more steps to the work that we do locally in our Storm Water Management Facts. Due to a number of factors including staffing changes in the Community Development Department essentially what we have found in doing this years annual report is that many of the items that we had noted last year as still needing to be addressed remain to be addressed so there is much more to be done as we head into year five which is supposed to be the final year of this program. In the interest of keeping this brief, I will just give a quick summary of the type of actions remaining to be addressed and type of actions that are ongoing. In terms of ongoing work our Building and Codes Enforcement staff received about two hundred and seventy five complaints relating to storm water in 2006 and it resulted in about seven hundred and eight follow up inspections and fifty seven court decisions. Fire Marshal’s Office has jurisdiction over solid fuel facilities, and they did approximately one hundred and fifty nine inspections over ’06, Code Compliance Staff which is separate this is Zoning Code Compliance Staff that reviews projects approved by the Zoning Board and Planning Board responded to two hundred sixty six complaints or violations in 2006 and that resulted in about seven hundred and thirty follow up visits. So, there is obviously a lot of staff time involved in tracking storm water problems and trying to prevent storm water problems . In terms of stuff that has been accomplished we have continued to do a lot of work in terms of mapping,…towns storm water system through the work of George Hilton our GIS Specialist in the Community Development Department working closely with the Highway Department. That work nears completion although there are some additional field work and mapping remaining to be done on that. Essentially the Town is continuing its efforts with our cooperative partners in this program those partners include our neighboring communities municipalities both local and county municipalities as well as the County Soil and Water Conservation District and the Lake Champlain Lake George Regional Planning Board. I would like to make a point of thanking the Regional Planning Board Staff for their assistance with the MS-4 Program especially in this year with staffing transitions in the department. Their assistance has been greatly appreciated. I think with that I am going to conclude my remarks and take any comments. 708 TOWN BOARD MEETING 07-02-2007 MTG. #29 Supervisor Stec-I will open the public hearing for any questions of Stu or any comments if anyone has reviewed the report and would like to comment, the public hearing is open if anyone would like to address the Board on this hearing. Stu you thoroughly confused everybody. Councilman Strough-Part of what we do have to do Stu and I saw that it was in your report and I want to thank you and Barb and the Department for putting together a pretty enormous amount of energy here in the MS-4 Report. The one thing we have got to work on is the public out reach program. Sr. Planner Baker-That is correct that needs more work we had hoped to do more of that in ’06 but I think with staffing changes in the Department kind of precluded that happening. We also another noble thing we said we would do in our original notice of intent on this project was an additional House Hold Hazardous Waste Pickup Day which is something ideally we should try to do in ’07. Supervisor Stec-It has been a couple of years and I think probably in next years budget at this years budget review we should consider doing another one of those for that very reason. They were well received we have done two of them in the last few years and it had been more than a decade since we had done one before that. Is there any other pubic comment on this hearing? Ok. I will close this public hearing and entertain a motion. RESOLUTION TO ADOPT TOWN OF QUEENSBURY’S STORM WATER MANAGEMENT PROGRAM ANNUAL REPORT RESOLUTION NO.: 313, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer th WHEREAS, on March 10, 2003, the New York State Department of Environmental Conservation (DEC) required a Notice of Intent (NOI) for the Town of Queensbury to comply with the United States Environmental Protection Agency (EPA) Phase II Storm Water Regulations for regulated small municipal separate storm water sewer systems (MS4s) in order to comply with the Federal Clean Water Act, and WHEREAS, MS4s are conveyances owned by a public entity that discharge to U.S. waters and are designed to collect and convey storm water, are not a combined sewer, and are not part of a publicly owned treatment works, and a “small MS4” is an MS4 within municipalities with a population of less than 100,000, including the Town of Queensbury, and WHEREAS, the federal Census Bureau designated all or parts of the following municipalities as “urbanized areas”: the City of Glens Falls, Warren County, Washington County, Town of Fort Edward, Village of Fort Edward, Village of Hudson Falls, Town of Kingsbury, and Town of Queensbury, collectively known as the “Greater Glens Falls 709 TOWN BOARD MEETING 07-02-2007 MTG. #29 Urbanized Area MS4s,” and as an MS4 community, the Town of Queensbury is therefore required to comply with the EPA’s Phase II Storm Water Regulations, and WHEREAS, the NOI outlines a multi-year plan to address new requirements designed to minimize effects of uncontrolled release of storm water to "waters of the US", and WHEREAS, the Town of Queensbury applied for and received a State Pollutant Discharge Elimination Systems (SPEDES) Permit for MS4 discharge under New York State DEC General Permit No.: GP-02-02, and WHEREAS, DEC requires an annual report on progress and compliance with SPEDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s), Permit No. GP-02-02 in the following management practice areas: ? public education ? public participation/involvement ? illicit discharge detection and elimination ? construction site stormwater runoff control ? post-construction stormwater management ? pollution prevention/good housekeeping for municipal operation and WHEREAS, the Town of Queensbury must adopt an Ordinance that is equally as th protective as the NYS SPEDES regulations by January 8, 2008, and WHEREAS, a requirement of the SPEDES Permit is that the Town submit an annual report to DEC each year and such annual report must be presented in a public forum, and WHEREAS, the Town Board conducted a public hearing on the Town’s Storm Water Management Program Annual Report SPEDES No.: NYR20A112 on Monday, July nd 2, 2007, and WHEREAS, the Town Board wishes to adopt such Annual Report, NOW, THEREFORE, BE IT 710 TOWN BOARD MEETING 07-02-2007 MTG. #29 RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury’s Storm Water Management Program Annual Report SPEDES No.: NYR20A112 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Senior Planner and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 2.3Public Hearing – Comprehensive Land Use Plan NOTICE SHOWN PUBLICATION DATE: JUNE 22, 2007 Supervisor Stec-This public hearing we fully intend to leave open so we will not be closing it tonight so if there is anyone that is concerned are we going to be acting on this tonight, no we are not, this has been forwarded APA and who else needed to review it Stu? Sr. Planner Baker-Warren County Planning Board Supervisor Stec-So, two entities need to review this they have got all of July to review it th so we will not be adopting it tonight or likely on the 16 of July but likely at one of our meetings in August. So, we will take comment tonight and we will leave the comment open the public hearing open and we will continue to take written comment. Stu is going to do a brief slide show describing where we are at and there is some contact information so if people are more comfortable sending and e-mail to Stuart Baker or written comments to the Town Clerk who will include them as part of the record but again we will not be acting on it tonight so I will declare the public hearing open. I will get out of the way and let Stu turn on the machine and do his power point presentation and then we will take some public comment. Sr. Planner Baker-I intend to make the presentation short so we can get to the public comments. (Power Point Presentation) This is actually the third public hearing that the Town Board, that the Town I should say has held on this project. This is for the Comprehensive Land Use Plan and as this diagram points out, this is intended to be the Community Plan and the Community has been represented through this process both public participation over almost three years the project has been ongoing and through the activities of the Town Board and the Planning Ordinance Review Committee. I should point out, a number of people have pointed out in the current draft that the on the page right inside the cover the list of Planning Ordinance Review Committee Members does not reflect the committees membership at the end of their work. That is correct the committee is listed on the current draft of the plan represents the Committee Members 711 TOWN BOARD MEETING 07-02-2007 MTG. #29 who worked on the Comprehensive Plan and who actually voted to move it forward to the Town Board for their consideration. To date the public hearings have been held in July ’06 that was the public hearing held by the Ordinance Review Committee prior to referring and recommending the plan to the Town Board for consideration. The Town th Board also held their first public hearing that open on October 16 and closed two th meetings later on December 18 of ’06. This is the, I am sorry, the vision statement and I will read it briefly, this really is intended to provide a description of the core values that the plan is intended to represent. The Town of Queensbury is a beautiful community in the foothills of the Adiriondack Mountains, with panoramic mountain views, a thriving business base and independent citizens who move in harmony with nature, value open space, and welcome visitors who come to recreate. A good place to live, the Town of Queensbury offers an excellent quality of life for families, that features public safety, clean water, pure air, a variety of housing options, excellent schools, a growing library, state – of – the art health care facilities, community-minded businesses of all sizes from all sectors, parks, bike paths and an impressive array of museums, arts organizations and historical preservation initiatives. As a community, we strive to protect and encourage neighborhoods that promote relationships, healthy lifestyles and community involvement. We endeavor to balance the needs of our growing community with local and regional economic development initiatives, which can support our town-wide goals. Now, since the time that July of ’06 that the Ordinance Review Committee referred the Draft Plan to the Town Board for their work, there has been a number of changes that the Town Board has asked for in the draft and this slide gives a brief summary of those. As you can see there was some recommendations that were removed others that were changed and certainly renumbered as time went along. This list here represents all the work all the significant changes that were made in the document since July of ’06 at the request of the Town Board. This is the planned recommendations map, this is not the proposed zoning map per se but more the map intended to show the planning areas as described in the document. One of the significant changes that we made in our approach to the Comprehensive Plan for this project as opposed to the 1998 plan was we moved away from the neighborhood descriptions although I believe the Town Board will still be revisiting that at some point. The plan really focused on sort of a land use geography there are areas of similar interest. In term of next step involved in this project the plan has been referred to the Adirondack Park Agency for their review which is required under their applicable laws and regulations. It has also been referred to the County Planning Board. The Town Board also does need to do a SEQRA Review prior to adopting this and the Long Environmental Assessment Form has been prepared for their review. Ultimately once those steps are taken we, the plan can be adopted if they so chose by the Town Board. Upon adoption of the revised plan the next step is to review proposed revisions to Chapter 179 of the Town Code, that is the Zoning Code and Chapter 183-C, 1830A rather which is the Subdivision Regulations. After the Ordinance Review Committee referred to the plan to the Town Board in July of ’06 they continued on and worked with staff and the consultants on proposed changes to those. So, those are actually ready for Town Board review once the plan has been addressed. As Supervisor Stec mentioned the Town Board intends to leave the public hearing open and will continue to take written comments. If you would like to submit them they can be submitted to the Town Board courtesy of the Clerk’s Office you can also e-mail them to the Town Board care of my attention that is StuartB@queensbury.net. I should also note that all of the documents leading up and including the current draft are on the town web site at the Planning Ordinance Review Committee web page and the documents are listed thnd by the review date. So, you will find the June 15 ’07 draft listed under the July 2 meeting date. If you do have any questions about the project or the process, please feel free to contact me again at by e-mail address or at 761-8222 and again there is the Town’s web site Queensbury.net you will find the Planning Ordinance Review Committee link proximately listed on that main page. That concludes the remarks I have. Councilman Sanford-Just reviewing this before the meeting on page 69 you have under median term whether you want the green policy in or not as part of this, I am talking about the implementation section, if you do or if we do you reference B-11 it should be B-10. But I think we might have eliminated that section anyway, so I just think it got missed, ok? Sr. Planner Baker-I think actually that was .. 712 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Sanford-You still have B-10 in there so just change it from B-11 to B-10 and it probably ok. Councilman Boor-I have a couple of others but I think it can wait until the public speaks, they are just minor things. Supervisor Stec-With that said, the public hearing is open if there is anyone that would like to address any part of the Comp Plan not necessarily the changes that have been made over the last six months by the Town Board any part of it at all. We will take any comment that people want to and again we will not be acting on it tonight so if you want to collect your thoughts and give us some feed back in another form or at another time feel free to do so as well. Is there anyone that would like to address the Board? Yes, Ma’am. Please come to the microphone, state your name and address, for the record these microphones not only amplify but they also record for the purpose of the record. Ms. Sharon Corlew-My name is Sharon Corlew and I am trying to sell some property at 24 Boulevard in Queensbury. It has been commercial for as many years that I can remember and Joann finally found someone who was willing to buy it and now all of a sudden we find out that it’s supposed to be residential now. I mean the other three corners are still all businesses and I am just wondering why that this has happened. Councilman Boor-Just a point of reference the zoning I do not believe has been done, has it? Sr. Planner Baker-No, the zoning hasn’t been changed and this Board has not reviewed the proposed zoning. Councilman Boor-It is a great question and can understand your concern and we will address it. But, this is really where we want to go and how we want the Town to be viewed and what is reflected but there is no specific zoning in here such as you are inferring. They have yet to address that. Now that doesn’t mean that there is temporary draft that you may be referring to that makes your case but we have not voted on any zoning changes. Ms. Corlew-Ok, this is my real estate lady and she was the one that found out that, wasn’t it you Joann they told that to? Councilman Boor-Who is they? Supervisor Stec-Your name, please Miss. Joann Chaplek-I am Joann Chaplek and I am with Caldwell Banker Prime Properties. I have had this property l listed for a couple of years now and it has been listed as a commercial property and we have gotten many calls on it and finally I had one potential customer call and say he had called the Town and asked some questions and said the Town is trying to rezone to make the Boulevard all residential and this is what I heard. Councilman Boor-That is interesting and I certainly believe you and it is one of those things that is troubling because it, when called somebody and talked to somebody we have got nobody, nobody is accountable. I am not happy with what you are saying but you know what there is nobody I can go to and say how could you have said this to this individual. So, it is upsetting to hear your plight because I do not know who I can go to. I do not know if what you are saying, you know. Ms. Chaplek-I can probably dig out a name for you tomorrow and give you a call. Councilman Boor-That would be great. Councilman Sanford-How is it currently zoned as we speak today? Councilman Boor-It’s commercial. 713 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Sanford-Right now. Councilman Boor-It’s commercial. Councilman Sanford-And so your concern is that down the road it may get changed to residential which will be something that you are not in favor of because you have been trying to sell the property. Ms. Corlew-Well this is the gentleman that want to buy it. Councilman Strough-Can we set the story straight, Mr. Fred Fisk-If I could just shed some light. Councilman Strough- conceptually, if you would let me just speak, conceptually, and if you read the Comprehensive Land Use Plan and our Zoning is going to match it, South Queensbury is targeted for a major redevelopment. In the Comprehensive Plan it targets south or actually southeast Queensbury if you will as an area that has Route 4 has a connection to Glens Falls, has a connection to Quaker Road, has the necessary infrastructure to support a whole redevelopment program of mixed use development. That includes commercial, residential whatever the market will bear and what ever design seems to fit in South Queensbury including multi story buildings. Yea, I see you are happy. But that is the fact, South East Queensbury is targeted for an area in Queensbury because of its unique location for redevelopment, it is almost an extension of the redevelopment program you see going on Warren Street. Now conceptually that is where we are going to go. When we do the Zoning if we do not do the Zoning in accord with what I just said then you come back here. Ok. Councilman Boor-I am familiar with the building you are talking about and my gut feeling is that it would stay commercial I do not view that, it is the old TV Repair, Appliance Repair place and that’s highly unlikely that, that would be residential. Ms. Corlew-And you own the other little piece of property right there 26, the County owns 26 and he is going to purchase that contingency on being able to buy that. Councilman Strough-I think you will be happy with the zoning once you see it, I do not know where you are getting, we are going to hear a lot of this tonight, I am sure, but when I get the opportunity I will try and set the record straight. Sr. Planner Baker-I think that I can speak to that a little bit I did speak with the intended buyer here what I explained was that the draft zoning map that the Ordinance Review Committee had worked on indicated a change in the zoning but I also made it clear that nothing has been set in stone nor is it set in stone until this Board has reviewed the proposed zone..or zoning map. Supervisor Stec-That will be a whole other set of public hearings. Sr. Planner Baker-Yes, it will. Councilman Boor-We have kicked it off we have the first group to come to the microphone, one of the things that is going to be helpful is if you had received information it is helpful to give the name and if you are going to reference something it is helpful if you immediately tell us what page you are referencing so we can quickly get to it and not guess what particular topic you are talking about. I am pretty comfortable that you will be satisfied with the zoning when we are done. Mr. Fred Fisk-Do you have an idea when those decisions will be made? Supervisor Stec-Your name Sir, for the record. Mr. Fred Fisk-My name is Fred Fisk and I own Claim Property Management. 714 TOWN BOARD MEETING 07-02-2007 MTG. #29 Supervisor Stec-Again, on the heals of this process which again we will not be adopting a Comprehensive Land Use Plan until August, the Zoning is going to require some Town Board workshop or two or three on it and then a similar public hearing process I think the best case scenario you are probably looking for October maybe September, but probably October for the adoption of a zoning code maybe even later. Councilman Boor-You could just go, you are grandfathered. Councilman Sanford-You do not have to wait for this process to unfold if there is an interest in the acquisition of this property the current zoning that applies now would be the commercial zone and then if there was even a rezone you would be grandfathered in. Councilman Strough-That is only if they had started an action there Richard, if they left it vacant and did nothing the rezoning would be in affect. So, if you are planning to do something with it you will have but, I think your fears will be allayed as this thing progresses and unfolds. We want to see a revitalized South East Queensbury. Mr. Fred Fisk-When I went to the Building Department to inquire about getting a building permit and going forward with this project they directed me to Stuart saying that they may possibly not be able to issue a building permit on that because grandfathering traditionally ends after a year of non use of that type in a building in most towns. Councilman Brewer-Yea, but the zone has not changed. Mr. Fred Fisk-That building has not been used in over a year for commercial use. Councilman Brewer-Understood but the Councilman Boor-The zoning in intact. Supervisor Stec-It is still zoned commercial today. Councilman Boor-It is zoned commercial. Councilman Sanford-I think your concern is that if you purchased it and then did not do anything with it then you would be subject to a potential rezone, if a rezoned happened. Mr. Fred Fisk-No, no that I would understand that once I am in there and have acquired a building permit and use of it prior to your rezoning yes, I would be grandfathered. My point is, is going to the Building Department they re-sent be back here saying we may not give you a building permit until this decision is made. Councilman Boor-They should not have done that. Councilman Brewer-No, absolutely not. Councilman Boor-They should definitely not have done that. Councilman Brewer-They should allow you as though we were not even doing this right now. Councilman Boor-Right. Supervisor Stec-Right. Councilman Brewer-They should allow you to obtain a building permit. Councilman Boor-You are allowed to build Councilman Brewer-…and proceed with whatever you want to do. 715 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Boor-And again, please get names when this happens, because we cannot ask the questions of the people that give you misinformation if we do not know who they are. Mr. Fred Fisk-But what you just said is in the minutes, right? Councilman Boor-Yes this is all on the record. Supervisor Stec-Word for word. Thank you all, thank you very much. Is there anyone else that would like to comment on the Comp Plan, yes Ma’am Ms. Jenkin. Ms. Joan Jenkin-I wanted to, I live on Chestnut Ridge Road and I wanted to address the subject of the pedestrian, bicycle access. I read over the new plan the new draft of the plan and there is forty five references or more to either pedestrian, bicycle access making user friendly. I do understand that they are referring to and I made some notes here residential and commercial design for new and redeveloped area projects and for the projects, my concern is that we have a situation here in the Town where you are getting more and more bicycles being used, more and more people walking, people are concerned about their health, people really looking to be outdoors a lot, looking for the quality of life and that is what is being promoted with this town. This is a wonderful area to move to your quality of town is good, we are trying to promote tourism give transportation choices we are talking about safety and all these different subjects. But, the problem is, if you go on a bike now except for the bike trail, you are really, it is very dangerous. There are not good shoulders on the roads there are very, very few roads that have the width of the shoulder within the town itself that is conducive to good riding. I feel safer on Route 4 from Hudson Falls to Fort Ann with riding my bike with the semi’s going seventy five miles per hour they shouldn’t be, sixty five then I do on many of the roads here because there is no shoulders. The shoulders that are there a lot of them are cracked and they are not level they are going off into the and they are not properly prepared. We have got a lot of bike groups in town now too, there are groups of bikers coming up, very active groups. So, you have four, or five, six, seven bikers at a time then you have your regular traffic going back and forth. I go out Ridge Road a lot that is not to bad. Bay Road was repaved this past year, parts of it, and the shoulder is smaller than it was before it was repaved and that to me since we are the emphasis is on developing these things that should be put in place. I was told that a lot of these roads are County Roads, State Roads and we have no jurisdiction over them, but I got this booklet which is very, very good The Improving Bicycling and Pedestrian Safety. There is a whole chapter devoted to the different State agencies that are responsible for pedestrian and bicycle safety. So, there are many, many, many, many agencies and I do not want to talk about them all tonight, but I do, the Town could be working with to make sure that when roads are repaved here that they could at least make consideration to it. I went out, I go out Pilot Knob Road a lot I do not know who owns Pilot Knob Road that was repaved and the shoulder in some area is non existent at all. It probably in a average of maybe eight inches. There isn’t an awful lot of traffic but it is still it makes it you really have to watch carefully. The other thing that concerns me is Councilman Brewer said at one of the meetings a month or so ago he was very pleased with the progress that the bike trails were making because we had the bike trail going to Lake George we have the bike trial that hopefully will be down in the Councilman Brewer-Richardson Street Councilman Boor-Rush Pond Ms. Jenkin-Yes, but the problem is you have to get to them and it seems to me that it is not a good idea to have to get into your car ride to a bike trail and then use the bike trail. Anybody that bikes wants to bike twenty, thirty, forty miles if they are going to get a good workout. You can’t do that on the bike trails as they exist now. It is the connector roads, that is part of the Towns responsibility. I guess I am asking that is one of my concerns what is going to be included in this plan to make sure that we can use the road safely. The implementing of the plan is just as important as doing the plan in the first place. I think I have not heard anything about that but maybe it is premature, because you have to have the plan before you make your decision about what you are going to do. 716 TOWN BOARD MEETING 07-02-2007 MTG. #29 I do not know who will be responsible for this or where the funds are going to come from, I know that putting shoulders on roads is expensive, but I think looking forward and looking to the future of Queensbury if we want this to be a very, very accessible community then we need to take that into consideration. Councilman Strough-We do have and I suggested that we it is mentioned in the plan as you mentioned but what is not mentioned is in our action plan where we should go with this. Thank you because this is what I have been advocating for a long time this junket. There is only so much you can do to make and the document that you have there mentions a lot of this. There is only so much you can do to make the roads safe for children, adults are more predictable more responsible. A six foot wide should is generally recommended roadside for minimum coverage and it works for adults. If you want to do something off road and I think you will find it in the document, then off road should be at least five feet from the road to protect children. Two way traffic I think you will find in that document minimum of ten foot width and preferably paved so that it is ADA accessible and accessible to people with wheel chairs and accessible to people with inline skates and accessible to everybody. We should develop as much as we can for the safety of the public and off road network where we might be able to utilize Niagara Mohawk Power Lines. I have a plan for Rush Pond that would give a critical link from what I just spoke to going up to Aviation Road would give a link up to Gurney Lane. Then I have talked to some people in the County about providing a link from the Rush Pond Trail to the Warren County Bike Trail. There is also a Mountain Bike Trail System that is part of the Gurney Lane System that would also link. But as much as we can start inter linking our neighborhoods and making us one community and making us a safe community it promotes a quality of life for everybody so it is something I am going to make sure that we do. Ms. Jenkin-Well, that is great. The thing is a three foot wide shoulder would probably be adequate not for families, families would go on the bike trails and they do they are just on the bike trails all the time and it is a wonderful place to be. That is where they are teaching their kids proper safety and it is wonderful to see this happening. But, I am talking about the biker that is a little bit above just the recreational going out on the weekend biking and you need to take that into consideration to. I do not think that you need bike lanes, I do not think that you need dividers so that you have a separate bike lane as you do in many cities that actually use bikes as a means of transportation. But, two or three foot wide good shoulder, good safe shoulder would really be quite important, if it is possible. Councilman Brewer-The point that I was trying to make on Richardson Street is that will be approximately five feet I believe because that is being done with a grant we got from the State, I don’t know if it was Federal or State, but that is going to link down to the Feeder Canal. The Feeder Canal will in turn get you to the bike path so to speak. Ms. Jenkin-And that is good. Councilman Brewer-When you pave a shoulder the typical three or four foot wide you can’t, I shouldn’t say you can’t, they try not to call it a bike path because if you call it a bike path it can’t be three foot it has to be that five foot and it has to be stripped. So, I think that was the intent for some of the roads that are being paved is to bump out the shoulder to the three foot and not necessarily go with a full blown bike path… Ms. Jenkin-Blind Rock Road has a sign that is a bike lane and it is not it is not even three feet. Councilman Brewer-You are right. Supervisor Stec-You are right. Ms. Jenkin-Now how could that be? Councilman Brewer-I don’t know, I don’t know when these laws were put in place and when exactly that was put in place… 717 TOWN BOARD MEETING 07-02-2007 MTG. #29 Supervisor Stec-That was all designated as part of the Warren County Bike Trail when they built it back when I was a kid. Ms. Jenkin-It has to be five feet in order to be.. Councilman Boor-Obviously it doesn’t it is supposed to be. Councilman Brewer-It is supposed to be. If you want to call it a designated bike trail if you will. Supervisor Stec-What definition you use it may not qualify for the definition it has been getting. Councilman Brewer-That was the big issue on West Mountain Road that we had or the County had, people were complaining about because it would have had to have been so wide if they were going to put in a full blown bike path. Supervisor Stec-The goal there was to do what you are talking to and I think people got lost into what name we were going to give it, it is a bike lane or bike path or just a wide shoulder. At the end of the day there was enough resistance that got organized that nothing happened. Ms. Jenkin-No, and I cannot understand that I just say ok we are putting a little bit of a wider shoulder on and don’t make a big issue of it but maybe I am just to practical for this or something. Councilman Strough-I thought that was the resolve, but it didn’t Ms. Jenkin-As long as you are considering it and hope in the future it is getting better because it is not good now. Thank you. Supervisor Stec-Thank you, Joan Anyone else like to comment on the Comprehensive Land Use Plan? Mr. Byrant Mr. Al Byrant-Bronk Drive Queensbury I have a brief comment and then I have a couple of questions for Mr. Baker. Page 67 in the priority list number two revised sign regulations, the implementation leader is the Zoning Board of Appeals, it is not with in the preview of the ZBA to regulate, legislate, or enforce sign regulations or zoning or anything of that nature, so it probably should be the Town Board the Code Enforcement Officer, Building and Codes that is my suggestion for a change. I really do not understand the need to change the format of the ’98 Land Use Plan you mentioned in your preliminary remarks and I want to. The original plan in 1998 divided the Town into fourteen neighborhoods and then addressed each one of the neighborhoods specifically, with specific issues and went through every single issue in every single neighborhood, then I look at the new plan and that is about as generic as it could possibly be. If you go on the web site and you take a look at one of Mr. Strough’s position papers, it is only a couple pages long it has got more detail in it then this sixty eight pages of a plan. I am not picking on you Mr. Strough but Councilman Strough-No, no, but if you want me to answer that. Mr. Byrant-It is absolutely a generic, this could be Warrensburg, or Orchard Park or except for the mention of a couple of streets and a couple of bike paths this could be any town. Councilman Strough-I agree with you. Here is what you are not seeing, this is Part A, we have taken out the neighborhood sections because it was difficult for outsiders to be able to find their neighborhood, their issue, their location and what were the issues with that. So, we decided to set it up as kind of an encyclopedia of the town, when you see it I actually set it up, Stu is refining it and the Town Board is doing additional work on it, it is going to be an encyclopedia. So, lets say you want to look up something in 718 TOWN BOARD MEETING 07-02-2007 MTG. #29 Queensbury name something, Bronk Drive, you will be able to find your area and what are the issues with your area addressed in this encyclopedia of Queensbury. Not only that you will be able to see well actually in might be on the West Mountain Road but you will be able to see cross references, have there ever been any studies for your area, if there has been you will see that in that format. It will direct your attention to other areas. See the previous Comprehensive Land Use Plan didn’t do any of that. So, there are various documents, lets take Glen lake, there were various documents that dealt with Glen Lake and Halfway Brook Water Shed to mention another. But, they were never referenced in the Comprehensive Land Use Plan a lot of people never knew of their existence. In this new Part B of the Comprehensive Lane Use Plan not only will it be easy to find because it will be in an alphabetical index but all the cross references to all the documents and everything else known at the time we made it and we want to make this a living document. So, that every half a year or so we will improve it, add to it, the way that the community wants us to. Mr. Bryant-Is Part B going to be, this is basically the outline for Part B is that Supervisor Stec-Part B is to follow at a later date. Councilman Sanford-Look at Part B as an appendix which would be part of this document but as John Strough was explaining this is more of a visionary broad brush, Part B will reference the specifics of this that applies to all I guess what you would call neighborhoods what he is calling particular area and more even because in the cases of Halfway Brook it will also reference outside documents so that anybody who wants to do any research on it will know that there was this particular study done and here is what it is called and here is how you can get it that kind of a thing. So, it will tie together. Now, what we are doing now is we are having the public hearing on this document I guess if we called it Part A it would make more sense, it is not the universe. Mr. Bryant-Is Part B coming to a store near by you, soon? Sr. Planner Baker-It is actually available in the web site right now under the 10-16-06 public hearing materials it is labeled, there is a link to it labeled as a portrayal of community land use past, present and future. So, you can see the current draft from the town website. Councilman Strough-And opposed to the neighborhoods, Part B will be comprehensive. Mr. Bryant-Thank you. Supervisor Stec-Thank you. Is there anyone else like to comment on this public hearing tonight? Again we will be leaving it open. Dr. Hoffman Dr. Mark Hoffman-Fox Hollow Lane I have previously submitted written comments by e-mail in April and I will present a copy to the Clerk for formal inclusion in the minutes. (document on file with the meeting) First of all I am going to digress for a second just on the issue of bicycles, since it is a matter near and dear to my heart. The issue came up about three foot wide shoulders vs six foot and so forth, I think the thing we have to keep in mind is if you are going to take an all or nothing approach which is, it has got to be exactly fit whatever the ideal situation is, if you are going to take an all or nothing approach you are going to end up getting nothing. Because, we are dealing with a community that’s already largely developed and we are trying to retrofit things that should have been planned for, years ago that just weren’t we never planned for it. So now we have to go back and retro fit it and its in many cases it is just not going to be practical to get the types of ideal situations that you want to get. So, we need to try to be practical about it and that means maybe trying to get any kind of a shoulder that might be reasonable for commuters. Getting back to the specifics of this plan I am not going to go through point by point I want to just comment that I think it is a pretty good plan and I have a few suggestions but I would hate to see us continue to drag this out on and on and on, I think there has been a lot of valid criticism already made. Certainly the overly generic nature of the plan has been brought to attention of the committee many times and it is absolutely true but I do think it does contain a lot of really good stuff in it and can 719 TOWN BOARD MEETING 07-02-2007 MTG. #29 form the basis for rezoning of the Town and it is time to try to move forward and get it passed in a reasonably good form so that the next step of rezoning can take place. A few comments, first of all I wanted to just mention on the very first page the title page it says copy rights, all right reserved Saratoga Associates, I am pretty sure if you look at the contract between the Town and Saratoga Associates it says that the Town of Queensbury would have the copy right on this. Supervisor Stec-I am sure you are right but I will verify that. Dr. Hoffman-There are few grammatical things which I am not going to mention, let me just flip through quickly. On page 12 it talks about the existing street grid pattern that should be strengthen in a neighborhood residential planning area There are similar recommendations in the moderate density about creating connections between neighborhoods but I want to, in that, in that moderate density it makes reference to including traffic calming techniques so that when these connections are formed that people aren’t going to be confronted by massive volumes of traffic speeding by their houses. We do need to protect neighborhoods from excessive traffic. Along those lines I think that should also be included in the neighborhood residential area to, where currently it is not listed. In the, there has been a revision first they I think you initially revised sidewalks out and then you revised sidewalks back in again. Councilman Boor-What page are you on? Dr. Hoffman-Well I wanted to just suggest on page thirteen it talks about simple design standards will reinforce walk ability that is in the third paragraph down under recommendation A-2 There is actually later on in the plan it is actually in the moderate density section it is page thirteen in the moderate density section there is detail about requiring sidewalks. In this neighborhood residential which is where you really want the sidewalks there is no mention of sidewalks however it does, it is just really a format issue because in the moderate density section it does mention that sidewalks should be present in the neighborhood residential area so at least in this, on this page thirteen under recommendation A-2 after you say simple design standards will reinforce walk ability you might want to just make a reference and say see section A-5. Councilman Strough-Mark do you have the new one? Supervisor Stec-I think you have a bad copy or an older copy? Councilman Brewer-What is the date on your draft? Dr. Hoffman-This is what you handed me at the last Board meeting. th Councilman Brewer-June 15 Supervisor Stec-I have both with me and I follow you on one copy but not on the other th copy and they are both dated June 15. th Councilman Strough-There are obviously two June 15’s. th Supervisor Stec-There are two June 15’s I have a copy of each of them and I have found you on the other one now. Dr. Hoffman-Another, again these are relatively minor comments you know but I do let me just bring it to your attention on recommendation A-3 in reference to pocket parks there are some comments restricting the size to no more than two acres and saying you would not have any ball playing in those areas, I think those are unnecessary restrictions it is again on page 13 under recommendation A-3. It depends on the particular development and one development might be for seniors you will not want ball playing there but another development that is oriented toward younger families you would want ball playing. 720 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Boor-I think they say designed for activities they don’t say they would prevent it I think they are just saying that they would not be designed for ball. Dr. Hoffman-Well, maybe it should be, depending on the Councilman Sanford-I think you brought this up on a number of occasions, the way I interpreted what Saratoga Associates was trying to get across is to the readers of this area, the pocket park concept is somewhat new and they wanted to explain that not all parks have to be have ball parks not all parks have to be as big as the traditionally have been in this area and that a new concept would be in the more densely populated neighborhoods to have the small area of green space which would be a pocket park. To me at least it was kind of a new refreshing concept and that is why I didn’t look at it from the same perspective that you are looking at it. I think they are trying to introduce solutions or enrichments that could be easily done and I do not think that they are necessarily precluding anything bigger but they want people to emphasize that you can do something small and nice. That is the way I interpreted it. Dr. Hoffman-Appreciated. I would just say to the extent that if we do feel that some of these denser areas are appropriate for young families and we want to retain young families in these denser areas that maybe having some larger green space areas or even smaller areas that are conducive to young children playing ball might be a way or retaining those families in those areas. On page 18 under recommendation A-7 after the italic in the test section it says, again I hope I have a close enough version to what you have, it says the density of the planning area should be one unit for every two net developable acres where public sewer and water are not present. I just thought the correct term should be sewer or water, because that would be more consistent with the rest of the plan. In other words in order to get the density bonus you would have to both sewer and water present. Councilman Sanford-I am sorry I don’t want to beat this up but what is the distinction again? Supervisor Stec-Or instead of and. Councilman Boor-Or instead of and? Dr. Hoffman-Right. Councilman Sanford-I know what he wants to do but what is your reasoning again? Dr. Hoffman-Well, number one the rest of the plan infers that you do need to have both sewer and water in order to get that density bonus and also you know it makes sense to, especially with regard to sewer. I think the rest of the thing was pretty well covered, I wanted again to stress under on page thirty where it talks about the City of Glens Falls Water Shed property I just thought some language really stressing the importance of maintaining the natural features of that property and language stressing the importance of that water resource not only to Glens Falls but also to Queensbury and the Region. I think a lot of the discussion in terms of what will or will not happen with the water shed property really has almost poo-poo the most important aspect of that property which is protect our water supply. Simply because Queenbury has a filtration plant on the Hudson River doesn’t mean that we will never need that water supply. We may need it certainly, Glens Falls needs it the region needs it and just because they have a filtration plant doesn’t necessarily mean that is going to protect it from other sources of pollution. Filtration is good for micro-organism but there are other types of pollution that can occur when water sheds become over developed. So, I really, I think it is important to stress how important it is to protect that area from development. Again, regarding bicycles issues on page thirty eight there is no specific reference to this but that is where you begin talking about commercial corridors. There really is no specific reference to bicycle access to commercial corridors or to commercial areas in town. There is mention about pedestrian access, design guidelines for sidewalks but for people that actually want to get somewhere with their bicycles not just use it for a Sunday recreational ride but actually want to go shopping with their bicycle or go to work on a bicycle to be able to get safely 721 TOWN BOARD MEETING 07-02-2007 MTG. #29 into the commercial corridors is an important thing and it really not mentioned at all in the commercial corridor section. Supervisor Stec-Mark on the following page and I think you and I have the same version, just so no one thinks that there is a shell game going on , I think there was a formatting error when these were printed, I do think they match it is just that they are formatting just isn’t the same. But on our page thirty nine Mark the recommendations presented here focus on the following goals and the second one down I do not know if that satisfies you. Dr. Hoffman-Well, they are quoting the goals that are listed earlier, early in the plan but then there is not specific statement about how the goal should be implemented in the commercial area. It is not an easy problem because, again it is a problem how do you retro fit bicycle access into an area that is already developed. Councilman Boor-That isn’t in the implementation anywhere? Dr. Hoffman-I don’t know I didn’t notice. Councilman Strough-It is not in the implementation but I would suggest be in the implementation is a comprehensive network of pedestrian and bicycle trails that link schools, neighborhoods, commercial centers. Dr. Hoffman-That is good, a good thing to have in there. Councilman Boor-On page seventy one, devise passive recreation natural trail systems, you are right it does not address commercial. Dr. Hoffman-The off road system is great, ideally that is what you should have but it is probably not practical to get people into commercial areas. One other just, housekeeping type thing it may already been fixed but on page forty eight, recommendations D-9 makes reference to appropriate buffers between mixed use areas and residential neighborhoods. I think really to be consistent with the current plan as amended you want to refer to commercial areas rather than mixed use areas under recommendation D-9. Alright that was it for me, thank you. Supervisor Stec-Is there anyone else that would like to address this public hearing this evening? Yes, Mr. Sipp. Mr. Don Sipp-Courthouse Drive In going through this I listed out according to recommendations things that I agreed with or disagreed with and I will run through some of these rather quickly. Recommendations A-12 of 13 I think are very good I wonder thirteen if it is possible to do this but any buffer of any type between residential and I-87 is definitely needed. B-6 which includes Glen Lake and Sunnyside I think also should include Lake George. The buffer Councilman Boor-What page, if you could do the page. Supervisor Stec-Page 30 Councilman Sanford-He does not have the pages he could follow it easy enough I guess. Councilman Boor-Page 30 Supervisor Stec-30ish. On the copy that I have. Councilman Strough-All right lets go back your one thousand foot buffer Councilman Brewer-You are saying what? Councilman Strough-What are you saying? 722 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Sipp-I am saying it would be nice if we could achieve this, but I wonder if it is physically possible. I think it is a good recommendation I just wonder if it is possible to do this? Councilman Brewer-Probably not realistic. Councilman Boor-With regards to Lake George I know that waterfront property there the CEA is recognized as five hundred feet currently although as I was talking with Stu prior to this meeting it doesn’t show up on the maps you are going to see when you go on line. It will eventually show up, but five hundred feet is. Mr. Sipp-When you get to page 3 here we will be…you want page numbers. Supervisor Stec-I will help them figure it out, Don, you just keep going and I will throw out the page. Mr. Sipp-B-7 Recommendation on B-7 which is the open space committee be re- activated. I think this is a definite need for them to be back into the overseeing of open space. B-8 I think should be an overlay area for all CEA’s in the Town. B-10 I think is something that is necessary I wonder if this building and the building next door could be solar panels could be added to the roofs in order to provide either electricity or hot water or both? Supervisor Stec-I can tell you on a good summer day in the atrium you could probably fry an egg on the floor, so your point is a fair one. Mr. Sipp-You can produce a lot of heat even in the winter time with these things. As a driver of a hybrd car I recommend them. You can thumb your nose at gasoline prices when you can get forty five to fifty miles per gallon. They are not the fastest thing on the road but they are very good. B-12 Noise Ordinance I know this was tried once and we tried using decimals which did not work out but we did have a local law which regulates the pick up of garbage and that has seem to have worked very well particularly in my area so that I think a noise ordinance based on time that activities take place is much better than one trying to spell our decibels for each type of noise being produced. Number 13 is on page Councilman Brewer-You are going to B-13? Councilman Strough-He just said it was good. Councilman Brewer-14? Councilman Strough-14 is really needed. Mr. Sipp-Where the Board of Health should investigate the feasibility of regulating septic system tests when properties in a critical environmental area change hands. I think this is a very good way of looking at it and I think it can be done because it is done in other portions of New York State. Osego Lake in which Cooper Town is the prime town on the lake as a regulation that has I guess survived the test of court hearings and so forth. I think also the New York Watershed New York City Watershed property is also been, had this put into effect where once the property changes hands in a critical environmental area or as it is changing hands the septic system must be inspected to show that they are in proper working order and if not the seller is required to bring them up to standard. Whether this be a whole new system or repairs. B-14 If a property for added protection in a critical environmental area if a property is or being built on or added to once a building permit is issued this should be an a CEA referred to the Planning Board. So that none of these squeak by which there have been several in the past couple of years. Page 2 of by little handout many of these things that I refer to are in a critical environmental areas and I wonder if it wouldn’t be an advantage in listing these all in one separate section of the code, so that you do not have to go from page to page trying to find out what regulation applies to CEA’s and what doesn’t. the CEA’s the areas around Lake 723 TOWN BOARD MEETING 07-02-2007 MTG. #29 George, Glen Lake, Sunnyside and the ponds, Rush and Round Pond. Also, it could include the rivers and streams that are, and wetlands that are within the town. Councilman Strough-Now, the Lake George Watershed Conference has their own definition of CEA for Lake George which includes watersheds. It is quite extensive. Should we align ours with theirs, if so their’s is going to exceed five hundred feet in many cases. Mr. Sipp-As was brought up in the proceeding watershed is a valuable piece of property and probably should be considered a CEA in order to protect it from future development. Included in this separate section would be a requirement for vegetative buffers, adequate storm water management, cultural practices regarding the use of fertilizers, applications of herbicides and pesticides should be controlled in whatever way possible and I think the best way is to have it only done by licensed professional applicator of which any amount of herbicide or pesticides must now be done by a licensed person. This would prevent well meaning homeowners from doing their own pesticide work and when a little is good a lot more must be better and therefore a lot more ends up in the lake. So, I think if we would establish some rules and have it for these particular areas. Recommendations of B8 13 and 14 which we have already gone through I think are necessary in here and probably F on this should be others. Which I think there are other regulations which may come or may be needed in this area. I have given the example on the third page on buffering which I would like to see somewhere included here in this document or in the code in which listing the CEA areas, Lake George five hundred feet from the shore line, Glen Lake a hundred, Rush Pond within the CEA, Round Pond, Sunnyside Lake and so forth. This would be the use of indigenous plants in strips a minimum of fifteen feet wide along the shore line in order to present erosion to minimize the amount of nutrients, nitrogen and phosphorus in particular they get into the lake and if they cannot be continuous to at least do the best you can to fill the area with deep rooted native plants, which would survive. Councilman Strough-Don, I was with you at the Water Shed Conference last Monday and Dru Monthie gave a great presentation on the use of nature buffers along Lake George and what they should be. He said he would be more than willing to help us write up that code. Mr. Sipp-I think it is definitely needed. Under Section D Page 44 I, this regarding the display of merchandise and commercial corridors I would like to see a set back there of seventy five feet so that push these displays further from the road and give us more view of the natural beauty of the town. D-10 I would like to see more monument type signs lower signs even to the point of phasing out signs that are over certain height, over ten, twelve feet. Lastly under G number 5 I agree that variances should be rare. All too often as it says in the document these variances undermine the code and they should be given out or I should not say given out but variances should remain rare. Thank you. Supervisor Stec-Thank you Mr. Sipp, is there anyone else like to address the Comprehensive Land Use Plan public hearing? Mr. Salvador Mr. John Salvador-Thank you. My name is John Salvador I am a resident in North Queensbury on Alexy Lane. I would like clarification on how we proceed from here? You seem to indicate the public hearing would be left open and written comments would be submitted. Supervisor Stec-And we are going to continue more oral comments at a later Town Board th Meeting probably the next one July 16 and by then we will have a better picture as to where things are. Oh yea we are going to take more verbal comments as well. Mr. Salvador-Thank you. I would like to clarify one thing as my understanding that the term grandfathering is used so flippantly. I think it should be clarified that even if you are grandfathered you are a non conforming use and there is the rub, there is the rub. The only thing grandfathering gives you is they are not going to force you to shut down. But you are non conforming use and you have got to meet the new code. Generally this plan points toward the perception that our current ordinances are vague and that there is a need 724 TOWN BOARD MEETING 07-02-2007 MTG. #29 for more effective enforcement. I think that is what the sum total of what we are reading is all about. Referring to that plan on the inside cover Mr. Councilman Brewer-Baker Mr. Salvafor-Mr. Baker made reference to the committee and they are listed there, however I know that others have served on this committee and they are not mentioned. Dr. Hoffman for one, Councilman Strough, Mr. Mike Wild, Mike Brandt, Bob Vollaro and I don’t know if I have got them all. Supervisor Stec-Let me jump in for a second and Stu correct me if I am wrong, I think what Stu may not have completed his thought when he introduced this, as that, you are absolutely right, every single name that you just mentioned participated, however I think that the draft Comprehensive Plan was submitted before they became members of that committee. You are absolutely right the intent is not to leave anyone off this is what they submitted. Sr. Planner Baker-The members listed on the second page there are the members that were on the committee at the time the committee voted to refer the plan forward to the Town Board. Mr. Salvador-We can correct that. Supervisor Stec-I guess what we saying they did not submit this, the Comp Plan they are certainly an integral part of everything after the Comp Plan ie the Zoning Code which we will be taking up later this year. Mr. Salvador-Ok. Thank you. I would like to fast forward to page sixty, recommendation G-6 Councilman Boor-There are people on here that were not on this when it was submitted though. Supervisor Stec-I was adding to what, some of them are not on there though. Councilman Boor-I know but there are some that were not on, there are several on here that were not on when the first draft was submitted. Councilman Sanford-They resigned earlier. Councilman Boor-They had already resigned. Supervisor Stec-They were the original members. All right. Councilman Boor-Just so we are consistent. Councilman Brewer-If we include everybody who was on that board., saying that they all contributed to it. Supervisor Stec-Right, I do not think there is any harm in that either. Mr. Salvador-You could put parentheses part time. Supervisor Stec-Well, we want, our intent here I think is to give credit and I think I would rather have too many on than too few on. Councilman Strough-Shouldn’t this be labeled Part A? Councilman Brewer-Yea, absolutely. Part A. B to follow. Supervisor Stec-Appendix A 725 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Strough-It is not an appendix it is actually part of the plan. Councilman Boor-Table of contents A Supervisor Stec-page 60 what? Mr. Salvador-Page 60 Recommendation G-6 I think the wording of that paragraph has to be improved upon. The last sentence is increase the enforceability of the Zoning Code and Subdivision Regulations. I think the better word there is enforcement. Really that is what we want, we do not want it to just have an ability to be enforced we want it enforced. Supervisor Stec-Just reading that sentence and knowing you for eight years, I know that sentence has to drive you up the wall, and I see your point and I know exactly where you are coming from and I agree with you. Councilman Brewer-So, lets leave it alone. Supervisor Stec-No, ha, ha, ha Mr. Salvador-That would also be true to form. Supervisor Stec-I think I know what they were trying to say too, is that our Code Enforcement often times and this may not hold water with everybody here but often times they say you know if the Code was written better we would be better at enforcing it there maybe some validity to that but Councilman Brewer-So we want to change that to enforcement? Supervisor Stec-Well I do not have a problem with changing it, enforcement, but Mr. Salvador-And let me continue. The next sentence says that zoning and land use regulations should be clear enough that the landowner understands what is required of them. I think the better term is that the enforcement officials understand what is required of them. Councilman Brewer-I am sorry John, where are you reading from? Mr. Salvador-The next sentence. Substitute for landowners, enforcement officials. Supervisor Stec-I would feel better if we are going to make a change I would feel better adding the two. The purpose of this is we want somebody to be able to pull it off the shelf and say if I follow this I should be ok. Mr. Salvador-I am getting to that. The next sentence says penalties for not following the rules should be clear to the Town’s enforcement officials, it should be clear to the landowners. Then if needed judicial reviewers, what are you talking about, Judges? Supervisor Stec-That would be I think Zoning Board for one and then obviously the Court System for another, because our Court System obviously looks at our Code when they hear a case that involves Zoning, Planning and these sorts of issues. Mr. Salvador-I cannot understand that. Councilman Boor-John, on the one sentence it says the penalties for not following the rules should be clear to the landowners as well as town enforcement officials. Mr. Salvador-I think it is a given that the Town Enforcement Officials. Councilman Boor-That is fine I just want to know if you want a stricken or you want it included? 726 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Salvador-I want in the first sentence I talked about landowners stricken and enforcement officials put in Councilman Boor-I already got that I am talking about the opposite. Mr. Salvador-In the next sentence Town enforcement officials stricken and landowner put in Councilman Boor-I just wanted to be clear. Mr. Salvador-And strike is needed judicial reviewers because I don’t know what you mean by that. Councilman Sanford-Shouldn’t you presume John that people who are going to be doing Code Enforcement should understand their job? Why is it needed in here? Well you are spending a lot of time on something that should be a prerequisite to be in that capacity. Mr. Salvador-I am trying to clarify what has been put in the plan, ok. Further on in Queensbury the staff has reported that penalties for some rules make their enforcement impossible. Nothing is impossible I think a better term is difficult. Not only that it is reported that penalties for some Councilman Boor-I would just get rid of the whole sentence. Mr. Salvador-Well, no, it is difficult it is true. Councilman Boor-But why is that needed in the plan? Mr. Salvador-It is difficult and there is a way to phrase this so that a way to shape your penalties such that you have either a range or you say up to a certain amount and then at their discretion they can in between zero and up to levy what they feel is a justifiable penalty. Councilman Boor-Again, I think it would be better to strike it and put a new sentence in. If you want to try and craft this sentence to what you just said I would be happy to hear how you would do it, but I think you should just get rid of the sentence. Mr. Salvador-My suggestion is that when it comes to the subject of penalties that have to be levied by some person at their discretion you don’t set it as a absolute number but you give them a range to work in then it is not difficult. Ok. Then it is not difficult, you make it somewhat easier. The benefits of a stable planning environment will be lost if zoning regulations cannot be vigorously enforced I think a better term is are not vigorously enforced. They certainly can be enforced. Councilman Boor-I don’t even know if you need vigorously, they just need to be enforced. Mr. Salvador-I would like to go to page 63. Top of the page. Rewrite zoning to reflect community’s vision as expressed in the plan. If and when we do undertake the rewriting of the zoning and by the way I do not think it is really that necessary, I think we have got a pretty good code. I think it is the interpretation of the code that is lacking and the enforcement. But in any case, if we do rewrite the code I would like you to give some thought to the fact that at the current time, Chapter 179 has in the front section a general references list of some eighteen other town codes, ordinances what have you that relate to 179 and our frequently overlooked by both applicants and staff. A classic example of this was the storm water regulations. Councilman Sanford-You mean 94? Mr. Salvador-No, I mean 147. One forty seven, was overlooked for years. In any case there are many others here if you see this list that are directly related to zoning. They should be incorporated in the zoning ordinance not separated out. Signs, Sewers and 727 TOWN BOARD MEETING 07-02-2007 MTG. #29 Sewage Disposal, storm water management, fresh water wetlands, junk yards, flood damage prevention, fire prevention and building construction, how do we get to these? Nobody ever talks about these. Councilman Sanford-Well this interested me enough, I requested a while back that ninety four be sent to the Planning Board, because when I was on the Planning Board we never received that from the Planning Development Department as a resource. The then Executive Director wrote back and said oh, ninety four has been incorporated into 179 and it is no longer applicable. That is why you never got it and that is why the current Planning Board doesn’t need it now. Then I just had an inquiry on a particular item from our Zoning Administrator who stated Chapter 94 is still applicable. So, who is on first? Councilman Strough-Going along with what, which was a very good suggestion John and that has been a problem and you have seen it, I have seen it is that these multitude of references don’t find a home. So, I suggested and I made up an example of how this could look in the professional office zoning. In a professional office zoning I put everything in reference to professional office zoning just to give you an example in one place so that the person off the street they wanted to know what was expected of them about professional office zoning well it is all right here in one place. That is what I think you are suggesting that was a problem with the old zoning code. I do not know if we are making it any better but I think that it is a good suggestion. Mr. Salvador-There could be overlapped or could be gaps doing it this way and you got them all in one place then it is a comprehensive thing. Let me continue and I have a handout for you. As you can see from this handout (on file) on October 13, 1988 a Critical Environmental Area was established along the waterfront zone consisting of the whole of Lake George and the near shore area within five hundred feet of the mean high water line. This notice was conveyed to our Town Supervisor at the time and I do not know whatever happened to it. It is not in our Code it is not mentioned anyplace. I do Councilman Boor-I brought that up, earlier, I want to make sure it is on the map. Mr. Salvador-It was on the map at one time before we got to these fancy computer assisted designs. Leon Steves mapped the Critical Environmental Area it was on the Zoning Maps that we had down stairs, somehow it got lost. CEA’s were a hot button item in the late 1980’s and Glen Lake was thought to be in need of centralized waste treatment and residential wastewater. What better way to arose the interests and the seriousness of public and environmental problems then to lock future development to an environmental review. Former Town Councilman Ron Montesi stated on June 24, 1986 in a Town sponsored public hearing on the Rush Pond/Glen Lake CEA. When an area is deemed to be environmentally sensitive or critical what they are saying to the landowners around that or the potential landowners of that piece of property that we as a Town Board and the Citizens of this town are looking at that area either a wetland a swamp a stream as very sensitive to development. It does not mean that it cannot be developed but it does mean that the Town Board is really going to require a Class A number 1 environmental impact statement on that particular area for development. That got lost. Some residential development along the shores of Lake George has been given close examination with regard to density, storm water management, wastewater management systems, access and building layout, living space both cellar and attic and number of bedrooms and others have not. The primary difference has been whether or not the project was subject to site plan review where the SEQRA issues of a CEA can be addressed. But only if the action is construction that may effect the environment and is considered to be type one or unlisted action. I have yet to see a residential development project in North Queensbury’s CEA that has been determined by the Zoning Administrator to be other than a SEQRA Type II that is exempt from SEQRA. Granted that individuals set backs and lot line variances and the granting of an area variance for a single family house are a type II actions as defined in SEQRA however section 617.5C 12 and 13 of which I just spoke, preceding those two sections is section 617.5C9 Councilman Boor-What document are you referencing? 728 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Salvador-SEQRA Document. That is 6NYCRR part 617. Section 617.5 C 9 pertains to residential construction whether or not lot line or area variances are involved. This section exempts the action of a single residential construction from SEQRA Review providing, providing the action that is the construction of a single family residence on an approved lot including provision necessary utility connections and the installation, maintenance and or up grade of a drinking water well and a septic system. Councilman Sanford-You are very scholarly on this I mean you do your work and everything but this is the public hearing on the Comprehensive Land Use Plan and this is pretty detailed stuff if you could you know put it together in a package in terms of what your comment is regarding this Comprehensive Land Use Plan perhaps would be most productive. Mr. Salvador-What I am trying to point out is, it does little good to demand in an ordinance or a plan that certain things be recognized that certain things. If the people who are supposed to do the recognizing don’t recognize them. Councilman Boor-I cannot say it enough times, I am going to make sure that the CEA shows up on the Zoning maps Mr. Salvador-That not ah, my point is that is not enough. Councilman Boor-Well, my point is that you got to start somewhere and until the Boards that get these applications realize that it is in a CEA and read some of the information that you have referenced and find out whether it is a type one, type two or unlisted. You know we pretty much hand feed some of this sometimes because for some reason, either they are misguided or they are unaware but clearly they do not know all the tools that are available to them. Councilman Sanford-You are talking a management issue here. Councilman Boor-It is a management, that is exactly right a management issue and we are going to make sure that they have the tools, it is going to be very clear that things within five hundred feet of Lake George are a CEA. When you are in a CEA it is very clear that this, what must be done. This is what type of action it is. We are going to do that rest assured. Mr. Salvador-How many residential construction and expansions have been approved th since September 20 1995 that is the date of that SEQRA law, the revisions to it, which have not been the subject of an upgraded water source that being a well and an upgrade of a septic system to an approved system in accordance with appendix 75A of the public health code. Because the Zoning Administrator has missed classified the action of a residential construction. Supervisor Stec-We are politely trying to nudge you back into the realm of the Comprehensive Land Use Plan please. Mr. Salvador-Ok, I think the Comprehensive Land Use Plan has to recommend one recommendation has to be that the requirements of Section P2602 of the Residential Building Code of the State of New York be enforced. Do you know what they are? Supervisor Stec-Off the top of my head, no. But Stu is typing furiously and Councilman Boor- P262 what is it? Mr. Salvador-P2602 Basically it is the requirement for a water well as a source of water Councilman Boor-As opposed to a lake. Mr. Salvador-As opposed to anything else. 729 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Boor-I think what you are referencing is that often times we allow a lake to be construed as a well in applications. Is that correct? Mr. Salvador-Often times. Councilman Boor-Some people do have wells on the lake not all of them but some do. Councilman Boor-So, that is what you recommend that we should do John? Supervisor Stec-Stu, typed it down and we will get this from Stu later in the week. Mr. Salvador-I would like to go to page 24 and recommendation B2 Amend all local storm water management regulations to address the impacts of both post development runoff volumes a types. We adopted Chapter 147, Storm water regulations as a result of a memorandum of understanding that we entered into with the Lake George Park Commission and it applicable only to the Lake George Park. I do not know what amendments you are talking about but if you are going to amend that one you got to go back to the Commission, because you accepted their model ordinance. By the way you should take a look at it, it is pretty good you should apply it all over town. But again, again there is discretion in that ordinance that allows the Zoning Administrator to determine whether a project will be a minor project or a major project. A minor project Mr. Hatin can give permits for storm water management a major project requires certification of a design. The recording of a plan at the County Clerk’s Office. We never enforce this. I would like to go to page 31. Create a water front over lay district to govern residential Councilman Boor-what recommendation, John? Supervisor Stec-B-8 Mr. Salvador-B-8 yes. Create a water front over lay district to govern residential development along the shores of Queensbury’s lakes and ponds. In North Queensbury we have a Supervisor Stec-CEA Councilman Boor-CEA five hundred feet. Mr. Salvador-No, excuse me, in our Zoning Ordinance in Section 179-6-060 we have regulations, special regulations entitled Shore Line and Wetlands regulations. Now granted it doesn’t have a district boundary definition it is there and that is in affect what you are talking about with a overlay district. We have it, we have the regulations but again we do not have the proper interpretation of our Code. If you are going to create a district you are going to create an overlay district, district have boundaries, you have to define the boundary of the district. The district must be within the Town of Queensbury. Supervisor Stec-Anything else John? Mr. Salvador-Yes. Recommendation B-13 on I do not have the page. Councilman Boor-page 34. Councilman Strough-37 on ours. Supervisor Stec-Stu I would like to know how that happened by the way. I think its one was printed and for some reason formatting but it is confusing. Councilman Sanford-I have two different ones. Supervisor Stec-I am working off from both and I can follow either version but I do not know why they are different. Anyways No. 13. 730 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Salvador-B-13 reads, the Board of Health should investigate the feasibility of requiring a septic system test when properties are in critical environmental area change hands, which Board of Health, Local Board of Health, State Board of Health, County Board of Health. Supervisor Stec-The Town of Queensbury Board of Health. Mr. Salvador-Ok, Local Board of Health. I hope you understand what you are expected to do when you investigate the feasibility in any case. Recommendation B-14 on page 34 add additional protection to critical environmental areas by requiring site plan review by the Planning Board. If you read our Code and the proper interpretation of a residential development with regard to it being a type II action, that is automatic, that is already there. Already requires a site plan review. Supervisor Stec-Any other comments, John? Mr. Salvador-Yes, getting to it. In the on page 8 create mixed use neighborhood commercial centers. We have a dire need for some kind of a mixed use zone in North Queensbury. We have at the present time commercial uses which are non conforming uses in a Residential Zone, these include Class A marina’s, Class B marina’s, resorts as temporary residences, home occupations, contractors, fishing charters. We have a real need for a mixed use zone. There is a lot of commercial activity going on up there, in fact Class marina’s are not an allowable use in a residential zone, not even with site plan review, if you look at your zoning chart. Councilman Boor-Do you agree with that? Mr. Salvador-Do I agree with it? Councilman Boor-Yes. I do not want a lengthy either a year or so, because we have not done the zoning yet, I would be curious to know if you think a Class B Marina should be or shouldn’t be allowed. Mr. Salvador-I have been harping on this for the thirty five years I have been in this community, why should twelve marina’s and all those resorts on the East side of Lake George that all pre exist zoning in this Town have to survive as a non conforming use? Councilman Boor-yes or no John. Councilman Sanford-Well, first of all John on the mixed use neighborhood commercial centers what they are merely laying out is trying to draw the contrast of Queensbury where we have the big box stores, everybody gets in a car and goes to a Walmart and they get in their car and they go to a supermarket but they do not live there. What they are basically saying in a mixed use commercial center you are going to have in close proximity a number of different types of applications or uses including retail, residential, professional office that kind of stuff. It is just laying out that concept Councilman Boor-In certain areas. Councilman Sanford-In certain areas to be encouraged as part of a revision. Now, how you get here to your marina’s you have totally lost me. Mr. Salvador-They are a commercial activity. We are in the retail sales business we rent, we collect rents. Councilman Sanford-What is the point, if they are introducing a new concept of a mixed use neighborhood commercial center where you don’t just have people living in homes you might have people living on the top of a building. Councilman Boor-Like Beans Store they have apartments above it. 731 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Salvador-I am asking for consideration of a mixed use in North Queensbury that recognizes that there are a lot of commercial activity going on in the form of recreation, recreation is what it is and it is all as non conforming. Where else do you locate these recreation facilities. Supervisor Stec-We have received your comment. Councilman Boor-I still don’t know if you support or don’t support it. Supervisor Stec-Anything else, John we have been doing this for an hour and forty five minutes you know, Mr. Salvador-Me? Supervisor Stec-No, not you. This Comp Plan Public Hearing which is going to stay open and we are going to continue to take written and additional verbal comments at a future date, we do not have to bang it all out in one night. We are at a fifty thousand foot view not a ten thousand footer or two thousand foot view. Mr. Salvador-Recommendation A-1 page 12 is something about strengthening the .. Supervisor Stec-The existing grid pattern. Mr. Salvador-The existing street grid pattern should be strengthen in neighborhood residential planning areas. In North Queensbury we have twenty to twenty five town roads, three quarters of them are dead end. They are essentially private drives. They do not have turn arounds They do not have adequate fire access, I do not know how the highway department plows them, there is no turn around for their vehicles and some of them could be connected. Supervisor Stec-So, you are in favor of that recommendation. Mr. Salvador-Oh, Yes. Supervisor Stec-Ok. Councilman Strough-What the problem is, that recommendation is for neighborhood residential zoning but you are saying and it is in the plan, but you are saying you would like to see it elsewhere. But, I want to assure you that it is elsewhere. Mr. Salvador-I want to see it in North Queensbury it gives the plan meaning. Ok. I would like to have these, just make a few suggestions that we have talked about this already but the CEA requires maping. Supervisor Stec-Yes, we have talked about that. Mr. Salvador-With regard to the floor area ratio, I believe that the septic infiltration structure should be considered non permeable. Every aspect of the design of that structure is predicated on the fact that the water moves up not down. Councilman Boor-What page are you referencing? Mr. Salvador-This is not in the plan. Supervisor Stec-The message that we are trying to send here is focus on the Comp Plan Public Hearing. Mr. Salvador-I am suggesting that these be incorporated. Councilman Brewer-Why can’t we get these written down the stuff that is not in here tonight John. 732 TOWN BOARD MEETING 07-02-2007 MTG. #29 Mr. Salvador-There is a record. The term bedrooms needs definition Class B Marina’s are not an allowable use and we have the proliferating on the East Shore of Lake George, they are not an allowable use in a residential zone they are being permitted. At the present time we have a separate code the Fire Protection and something else code that the Fire Marshal enforces. But it only applies he only does the enforcement and review of projects that are in Commercial Use it has nothing to do with residential unless he is called upon by one of the Boards to take a look at it and this is kind of hit and miss. We have problems where we have lack of definition between Town Roads and easements. This came up in a project that was reviewed just this past week. Ok. With regard to definitions I just like to remind you again that the residential building code of the State of New York has a definition section and I cannot put my hands on it right now but it is something we should avail ourselves to, it includes everything we talk about from renovation to repair to remodeling. Supervisor Stec-John if you would submit that as part of the record you know between now and when we close the public hearing we will be happy to have you do it. Mr. Salvador-The other suggestion I would like to make is that the Comprehensive Plan addressed the issue of the Town Board continuing to function as a Local Board Of Health. This Town is big enough and it has enough people that we could staff a Public Board of Health chaired by the Public Health Officer in this Town to review all of these septic and wastewater issues. As Dr. Hoffman said we are going to find that the concerns to the treatment, proper treatment in handling of wastewater are going to be more, going to have more to do with things other than the micro organisms. We are starting to get a lot of other impurities into the wastewater stream and they are not necessarily being handled by septic system, least of all the type that we install. So, that is going to have to be addressed. Supervisor Stec-Thank you. Mr. Salvador-I will save the rest for your next meeting. Supervisor Stec-Good idea. Give you a chance to focus and collect your thoughts. Anybody else like to address the Board this evening on the Comprehensive Land Use Plan Public Hearing which I will be leaving open and we will be taking more verbal comment on and we will take any written comment between now and when we close the public hearing. Anyone else like to verbally comment tonight? Town Clerk Dougher-We did receive a letter from the Lake George Association. Councilman Boor-Does that have to be read? Supervisor Stec-No, just note that you have the letter the date. th Town Clerk Dougher-June 28 from the Lake George Association regarding the Draft Comprehensive Land Use Plan and it will be on record. Supervisor Stec-I will leave the public hearing open we will not take any action we probably won’t actually take action until August, anticipating taking more public th comment at our next regular Town Board Meeting on the 16 and possibly into August th after that, but we will let you know more on the 16. With that said we have two hearings 3.0 HEARINGS 3.1 Hearing Regarding Great Escape Theme Park’s Application for Variance/Waiver Request from Sanitary Sewer Connection Requirement Concerning Properties Located on StateRoute 9 733 TOWN BOARD MEETING 07-02-2007 MTG. #29 Supervisor Stec-We have two of these tonight, one is for the Great Escape waiver seeking a second one year extension on Route 9 Sewer District to complete the tie in they have already commenced with some of the properties but not all of the properties. The other one after this is a similar deal for the Mobil Station also on Route 9. Mr. Lemery is Counsel for the Great Escape and if there is anything you want to add to what I just said, the Board may have some questions for you. Attorney Lemery-No, it has been a great evening thanks. Supervisor Stec-This is your second request you are just coming off a one, one year extension you have asked for a second one which I think actually the other one we have done that before, do you have an update that you want to share with the Board? Attorney Lemery-There is an update coming the information wasn’t yet complete and I will Bob Culver speak to that or Eric. My name is John Lemery, Counsel to the Great Escape, Eric Gilbert Operations Manager at the Great Escape, Bob Culver is Director of Infrastructure at the Great Escape and we have someone from our Engineer Bob Holmes who is with Jarrett Martin our Engineer. The Supervisor and a Couple of the Town Board Members I think asked for some information about where we were in the process. Councilman Sanford-We did receive a May 31, 2007 letter which I think does a nice job in stating the current status of where you are in terms of sewering and where you hope to go. I am actually happy with what I read. The one question I have is if you get this extension which appear likely, will the one year be enough and at the end of that one year will be you hooked up in total? Attorney Lemery-Yes, we believe that it will be sufficient it will be hooked up at the end of the year. Councilman Sanford-Then I am pretty comfortable with this. Supervisor Stec-You expect the one year extension will be enough for you to complete everything and all you tie ins. Attorney Lemery-Yes, we do. Supervisor Stec-Any other discussion? Entertain a motion. RESOLUTION APPROVING THE GREAT ESCAPE THEME PARK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTIES LOCATED ON STATE ROUTE 9 RESOLUTION NO.: 314, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary 734 TOWN BOARD MEETING 07-02-2007 MTG. #29 sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, The Great Escape Theme Park, LLC (Great Escape) has applied to the § Local Board of Health for a second variance/waiver from 136-44, as the Great Escape has requested a second extension of time in which to complete the connection of Great Escape owned properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape continues to undergo a multi-phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer District and a majority of the new sewer installation involves routing new sewer collection main around, through and between existing buildings, facilities, buried utilities and sensitive natural features, with such sewering requiring construction in excess of 3,000 additional feet of collection sewer to connect its remaining facilities, as more fully set delineated in Jarrett-Martin Engineers, st PLLC’s May 31, 2007 letter and application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on nd Monday, July 2, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves The Great Escape Theme Park, § LLC’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136- nd 44 “Connection to sewers required” and grants a one year extension of time or until July 2, 2008 in which to connect its properties located at: 1.The Great Escape & Splashwater Kingdom, 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20); 735 TOWN BOARD MEETING 07-02-2007 MTG. #29 2.The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.: 295.12-1-4); and 3.Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61); to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of July, 2007 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 3.2Hearing-Jolley Associates’ application For Variance/Waiver Request from Sanitary Sewer Connection Requirement Concerning Property Located At 1412 Sate Route 9 Supervisor Stec-This is the Mobil Station right new Exit 20 we did get I guess last week a letter from Jolley Associates Sean Crumb is the guy that the Board is familiar with we have seen him before, he wrote the letter, bottom line is he did say that they expect to complete this work this fall. They are also seeking a second one year extension. Discussion / Motion RESOLUTION APPROVING JOLLEY ASSOCIATES’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1412 STATE ROUTE 9 RESOLUTION NO.: 315, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town 736 TOWN BOARD MEETING 07-02-2007 MTG. #29 property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Jolley Associates has applied to the Local Board of Health for a second § variance/waiver from 136-44 as Jolley Associates has requested a second extension of time in which to complete the connection of the Mobil Station property located at 1412 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that they are currently applying for a permit to re-build the facility and when such work is completed, the new facility will be connected to the Sewer District, and the current septic system is functioning properly, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on nd Monday, July 2, 2007, NOW, THEREFORE, BE IT RESOLVED, that c) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and d) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Jolley Associates’ application § for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to nd sewers required” and grants a one year extension of time or until July 2, 2008 in which to connect its Exit 20 Mobil Station property located at 1412 State Route 9, Queensbury (Tax Map No.: 288.16-1-3) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, 737 TOWN BOARD MEETING 07-02-2007 MTG. #29 RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of July, 2007 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 4.0CORRESPONDENCE NONE 5.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR Supervisor Stec-There is one Resolution Approving New York State Governors Office For Small Cities Community Development Block Grant Award in connection With The Town of Queensbury Housing Rehabilitation Program This is a grant for $13,375. Sr. Planner Baker assures me that this is in fact the one and only grant that will be associated with this case file. Introduced by: Mr. Tim Brewer Seconded by Mr. Daniel Stec (Vote will be taken at the end of Resolutions) 6.0PRIVILEGE OF THE FLOOR Mr. Pliney Tucker-41 Division Road, Queensbury Questioned if the tenant who will be moving on the property by Exit 18 is that a done deal? Supervisor Stec-All the parties have agreed to the pilot that stated they want to close on all th the properties as soon as possible. They want to close on Tuesday the 17. Mr. Tucker-Because of the access road how will that affect that and question when the City will be contributing the two hundred thousand? Supervisor Stec-We had our bid openings, several of the bids came under the estimates, I th expect on the 16 we will award the bid on the construction of the road. There will be a temporary license to access their property to get their equipment in there to start construction. Councilman Sanford-The Glens Falls Common Council acknowledged and discussed their obligation to the Town of Queensbury regarding the two hundred thousand dollars at their Common Council Meeting. Supervisor Stec-Noted he had assurances from the Mayor that they are good for the two hundred thousand. Noted they will be billed in about two weeks. Mr. Tucker-Questioned if the Supervisor had a chance to see the Glens Falls Transit Mix property where they created a dump? 738 TOWN BOARD MEETING 07-02-2007 MTG. #29 Supervisor Stec-I haven’t. I will take a look. Mr. Tucker-You mentioned the fact that we saved two hundred thousand dollars at Ridge Jenkinsville Ball fields. Supervisor Stec-The bids came in two hundred thousand dollars less then our budget. Mr. Tucker-That is still in the pot? Supervisor Stec-We are not looking to spend it if we don’t have to spend it. Mr. Tucker-The State of New York bought all of Finch Pruyn’s timberlands and property it has a hundred and forty six acres down on Big Boom Road, cannot be built on unless some Town Board changes it mind or something. That would be a good piece of land to add to our Hudson River Park, it is the last big piece in the Town of Queensbury along the Councilman Brewer-Typically the people that bought that, they will keep it, manage it for a couple of years they will try to get rid of it usually to a municipality that is willing to take it. We can certainly start that conversation with that. Mr. Tucker-I think we could take better care of it than they could. Mr. John Salvador-Spoke on the Crandall Library Bonding schedule is going to cost the Town of Queensbury their share of over one million dollars in debt service in the first year. We are looking at a five hundred and fifty thousand dollar tax increase in 2008. On Debt Service, while the Town is aware of the potential negative impact on it budget and will take appropriate steps to budget accordingly for the increase there can be no assurance that its financial position will not be negatively impacted. So we will see how much negatively impacted. Mr. George Drellos-Fox Hollow Lane Questioned the Fire Coordinator th Supervisor Stec-We have a meeting on July 10 with the five companies and the would be consultant, to see if we can come to an agreement if we want to move forward and how we would move forward. We have not hired anybody yet. 7.0TOWN BOARD DISCUSSIONS Councilman Boor- 1. Time frame and progress on Meadowbrook, water replacement, that has been closed for weeks do we know the length of that project? Engineer Chris -They made a crossing the other day Route 9 and Ridge Road I think we are real close. They have to transfer service now. 2. Re: Dry Hydrants in North Queensbury I thought we were going to get a list. Suggested in the Comprehensive Land Use plan we encourage dry hydrants in areas where the Fire Dept. deems they be helpful and where homeowners are willing to grant easements. Supervisor Stec-Noted grants can be obtain, it is an in kind service that the Highway Dept. may need to provide, it is a matter of getting a list from the fire companies. 3. Re: Ethics Ad requested it be placed in local section Councilman Sanford- 1. It is almost Independence Day I would like to wish everybody a th happy 4 of July ` 2. Congratulated John Strough I received notice the other day that he was the recipient of the National Honor Society Leadership Award. Councilman Strough-Will save comments for the next meeting. 739 TOWN BOARD MEETING 07-02-2007 MTG. #29 Councilman Brewer- 1. Requested the Supervisor to write to the Mayor and ask him what the status of Sherman Avenue leaf dump. 3.Congratulated Mark Noordsy son, Pete Noordsy foothills most dominating hurler went seven and two with eighty five strikeouts and sixty two innings and posted a .90 era. Hit 392 and 17 RBI’s and 8 doubles. Supervisor Stec- 1. www.queensbury.net and Glens Falls National TV8 thanks for televising our meetings. 2.I was contacted by a couple on Wincrest Drive that want to know if we could look into installing some donated street lighting on the median our Attorney told us we can but we need a public hearing… we are considering that, more information is to follow. 8.0 RESOLUTIONS RESOLUTION SCHEDULING PUBLIC HEARING REGARDING TRANSFER OF REAL PROPERTY TO QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 316, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury and the Queensbury Economic Development Corporation (QEDC) have discussed the proposed transfer of a portion of the Town’s property located on Luzerne Road in the Town of Queensbury and known as tax map parcel number 309.10-1-83.1 and comprising approximately 1.43 acres to QEDC to be used for economic development purposes in exchange for: 1. A non-exclusive stormwater easement, covenant and restriction in a form acceptable to the Town Supervisor and Town Counsel over the property currently owned by QEDC and known as tax map parcel number 309.10-1-84.1, which will provide stormwater drainage facilities that will: A. be built and maintained by the Town, at its expense; and B. be sufficient to meet all the stormwater drainage requirements for the Town’s Park and Ride Facilities to be constructed on the Town’s retained property; and 2. A non-exclusive 5’ green space easement located on the transferred property along the edge of the retained property where the Town shall have the right to install such lights as it may deem appropriate for the Park and Ride facility, and 740 TOWN BOARD MEETING 07-02-2007 MTG. #29 WHEREAS, in accordance with §1411 of the Not-for-Profit Corporation Law, a public hearing must be held prior to the transfer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public th hearing on Monday, July 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York to discuss and hear all interested persons regarding the above referenced proposed transfer of real property, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Clerk to post and publish a Notice of Public Hearing in The Post Star in a form acceptable to the Town Counsel with such Notice to be published once at least 10 days prior to the Public Hearing, and BE IT FURTHER, RESOLVED that this Resolution shall take effect immediately. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION GRANTING EASEMENT TO NATIONAL GRID/NIAGARA MOHAWK POWER CORPORATION ACROSS RIDGE-JENKINSVILLE PARK PROPERTY RESOLUTION NO.: 317, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 99,2007, the Queensbury Town Board authorized the supplemental Ridge/Jenkinsville Park Project and authorized expenditures for such Project, and 741 TOWN BOARD MEETING 07-02-2007 MTG. #29 WHEREAS, National Grid/Niagara Mohawk Power Corporation (National Grid) has requested that the Town of Queensbury grant an Easement to National Grid for the installation and provision of electrical service to the new field house building to be constructed at the Town’s Ridge-Jenkinsville Park property (tax map no.: 279-1-21), and WHEREAS, a proposed Easement has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby grants and authorizes an Easement to National Grid/Niagara Mohawk Power Corporation (National Grid) for the installation and provision of electrical service to the new field house building to be constructed at the Town’s Ridge-Jenkinsville Park property (tax map no.: 279-1-21), such Easement to be substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Easement and any documents associated with such Easement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Parks and Recreation Director, after consultation with Town Counsel, to execute any documents and take any further action necessary to effectuate the terms of Resolution No 99,2007. nd Duly adopted this 2 day of July, 2007 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO COVER COSTS OF MONITORING AND MAINTAINING CLOSED LANDFILL 742 TOWN BOARD MEETING 07-02-2007 MTG. #29 RESOLUTION NO.: 318. 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town Fiscal Manager has advised the Town Board that a transfer is needed in the amount of $11,660.00 from the Landfill Reserve Fund #63 to the Transfer Station Operating Fund #009 for the years 2005 to 2006 to cover the costs of monitoring and maintaining the closed Town landfill, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of $11,660.00 in funds from the Landfill Reserve Fund #63 to the Transfer Station Operating Fund #009 to cover the costs of monitoring and maintaining the closed Town Landfill, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to transfer funds and amend the 2007 Town Budget accordingly and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to transfer the moneys needed to cover such monitoring and maintenance costs on an annual basis. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING UNPAID MEDICAL LEAVE OF ABSENCE FOR RANDY BALL 743 TOWN BOARD MEETING 07-02-2007 MTG. #29 RESOLUTION NO.: 319. 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Randy Ball, an employee in the Town of Queensbury Water Department, has exhausted all paid leave available to him as well as unpaid leave time th relative to the Family Medical Leave Act (FMLA) as of June 9, 2007, and WHEREAS, Mr. Ball has requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, Mr. Ball has submitted medical documentation supporting a need for medical leave , and WHEREAS, the Town’s Water Superintendent has recommended that the Town th Board grant Mr. Ball such unpaid medical leave with an effective date of June 9, 2007 extending through the earlier of: th 1.September 9, 2007, with the opportunity to extend such leave at 90 day increments; or 2.Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Ball’s request and the recommendation of the Water Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an th unpaid medical leave of absence to Randy Ball with an effective date of June 9, 2007 extending through the earlier of: th 1.September 9, 2007, with the opportunity to extend such leave at 90 day increments; or 744 TOWN BOARD MEETING 07-02-2007 MTG. #29 2.Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and BE IT FURTHER, RESOLVED, that Mr. Ball shall provide the Town with a status report from his physician regarding his ability to return to work and must notify the Town Board in th writing by August 15, 2007 of his intention to return to work or request further unpaid medical leave and supply supporting documentation if he wishes to request additional th unpaid leave beyond September 9, 2007, and BE IT FURTHER, RESOLVED, that should Mr. Ball retire under the New York State Retirement system, his leave of absence shall automatically terminate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Fiscal Manager to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : None RESOLUTION AUTHORIZING EXTENSION OF BID AWARD FOR LIGHT SODA ASH FOR USE AT WATER TREATMENT PLANT RESOLUTION NO. 320, 2007 745 TOWN BOARD MEETING 07-02-2007 MTG. #29 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 613,2006, the Queensbury Town Board authorized bid awards for chemicals for use by the Town’s Water Department including the award of the Light Soda Ash to Astro Chemicals, Inc., and WHEREAS, the Town’s Water Superintendent and Water Engineer have advised that the Water Department and Astro Chemicals, Inc., have mutually agreed to extend the st current bid award through December 31, 2007, and WHEREAS, the Town Board wishes to authorize such bid extension, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the bid award for Light Soda Ash for the amount of $327.67 per dry ton delivered through st December 31, 2007, with payment for such chemical to be paid from the appropriate Town Water Department Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Water Engineer and/or Town Fiscal Manager to take all actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AWARDING BID FOR ALUMINUM SULFATE/LIQUID ALUM FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 321, 2007 746 TOWN BOARD MEETING 07-02-2007 MTG. #29 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury duly advertised for bids for Aluminum Sulfate/Liquid Alum in accordance with the Town Water Department Bid Specifications, and WHEREAS, the Town’s Purchasing Agent, Water Superintendent and Water Engineer have reviewed the bids and recommended that the Town award the bid to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for Aluminum Sulfate/Liquid Alum to Holland Company, Inc., for the amount of $296.00 per net ton, dry basis delivered, to be paid from the appropriate Town Water Department Account, and BE IT FURTHER, st RESOLVED, that such bid award shall be effective through December 31, 2007, with an option at such time to extend such bid award for a period of 12 months or through st December 31, 2008, with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Engineer, Water Superintendent and/or Town Fiscal Manager to take all actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 747 TOWN BOARD MEETING 07-02-2007 MTG. #29 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2007 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED “TRAPPING” RESOLUTION NO. 322, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2007 to amend the Queensbury Town Code by adding a new Chapter entitled "Trapping” to prohibit property owners from placing or setting traps, deadfalls or other devices commonly used to capture or kill wildlife within 500’ of a residential structure or within 150’ of the boundaries of any public highway, school district property, playground, park, daycare facility and any marked or designated trail, walkway or path located on public property, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law §130, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th July 16, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2007 in the manner provided by law. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor 748 TOWN BOARD MEETING 07-02-2007 MTG. #29 NOES : None ABSENT: None Trapping – New Chapter – July 2007 LOCAL LAW NO.: ___ OF 2007 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED “TRAPPING” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Legislative intent. The Town Board acknowledges that with increasing frequency the Town has received reports of animal traps which have been set in relatively close proximity to residences and other areas frequented by the public. It is the determination of the Town Board that the placing of such animal traps in residential areas and heavily trafficked areas in town-owned parks and recreational areas creates a substantial risk of serious injury to residents and particularly to children of a young age. It is the intention of this chapter to reduce the risk of such injury and thereby promote the general health, safety and welfare of the community pursuant to Town Law, § 130, Subdivision 15. Section 2. Restriction on traps. A. No body-gripping traps, deadfalls or other devices commonly used to capture or kill wildlife shall be placed or set within five hundred (500) feet of a residential structure or within one hundred fifty (150) feet of the boundaries of any public highway, school district property, playground, park, day care facility, and any marked or designated trail, walkway, or path located on public property. B. “Body-Gripping Trap” shall mean a trap that grips a mammal’s body or body part including but not limited to, steel-jawed leghold traps, padded leghold traps, 749 TOWN BOARD MEETING 07-02-2007 MTG. #29 conibear traps and snares. Cage and box traps, nets, and common mouse and rat traps shall not be considered body-gripping traps. Section 3. Exemptions. A. The provisions of this Local Law shall not prohibit an owner of property from placing or setting such traps or other devices on his own property and within the distance of five hundred (500) feet of a residential structure located on his property, provided that such traps and other devices are not within five hundred (500) feet of a residential structure located on property owned by anyone else and are not within one hundred fifty (150) feet of the boundaries of any marked or designated trail, walkway, path or playground located in a town-owned park. Said traps must be for the express purpose of controlling nuisance wildlife, with their presence clearly marked by a sign warning its location. B. The provisions of this Local Law shall not prohibit federal, state, county or town employees or their duly authorized agents from placing or setting such traps for the purpose of protecting general health, safety and welfare. C. The provisions of this Local Law shall not prohibit federal or state employees or their duly authorized agents from placing or setting such traps in the interest of protecting threatened and endangered species, as listed under the Federal and State Endangered Species Act. Section 4. Enforcement. The Animal Control Officer of the Town of Queensbury shall enforce the provisions of this Chapter and shall be authorized to draw any information and obtain supporting affidavits pursuant to the Criminal Procedure Law. Section 5. Penalties for offenses. A violation of the provisions of this Chapter shall be deemed a violation under the Criminal Procedure Law, and a person convicted of such offense shall be liable to a fine of not more than $250 or imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 6.Severability. 750 TOWN BOARD MEETING 07-02-2007 MTG. #29 If any provisions of this Local Law are held to be unconstitutional or otherwise invalid by any Court of competent jurisdiction, the remaining provisions of this Local Law shall remain in effect. Section 7. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 323, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Fiscal Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2007 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1990-4400 001-1330-4400 3,000.00 (Contingency) (Receiver of Taxes Misc. Contr.) 001-1990-4400 001-1410-4400 2,500.00 (Contingency) (Town Clerk Misc. Contr.) 001-1990-4400 001-1620-4070-24 3,600.00 (Contingency) (Court Contractual) 036-0000-0599 036-8120-2899 2,700.00 Appropriated F.B. (Sanitary Sewer Capital Constr.) nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None 751 TOWN BOARD MEETING 07-02-2007 MTG. #29 RESOLUTION APPROVING AUDIT OF BILLS – ND WARRANT OF JULY 2, 2007 RESOLUTION NO.: 324, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thrd presented as the Warrant with a run date of June 28, 2007 and a payment date of July 3, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thrd run date of June 28, 2007 and payment date of July 3, 2007 totaling $659,157.37, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of July, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING NEW YORK STATE GOVERNORS OFFICE FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT AWARD IN CONNECTION WITH THE TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 325.2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec , the Town of Queensbury has established a Housing WHEREAS Rehabilitation Program which provides grants to cover 100% of the cost of 752 TOWN BOARD MEETING 07-02-2007 MTG. #29 rehabilitation up to a maximum of $20,000, whichever is less, and , the Town has received grant funds from the New York State WHEREAS Governor’s Office for Small Cities Community Development Block Grant Program (CDBG) to cover of eligible project costs, and , a single family property Case File has been determined WHEREAS#5514 to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and , property rehabilitation specifications have been provided to WHEREAS three (3) qualified contractors for bid, and , the low bid cost to complete the work specified is WHEREASThirteen , and thousand three hundred seventy five dollars and no cents ($13,375.00) , Shelter Planning & Development, Inc. has overseen the grant WHEREAS process and has verified that it has been followed in this case and recommends approving this grant, and , a lien will be filed against the property for the benefit of the WHEREAS Town for a period of five years from the completion of the rehabilitation, , that the Town of Queensbury approves a THEREFORE BE IT RESOLVED CDBG Grant for Case File , Queensbury, New York, in the amount not to #5514 exceed: Thirteen thousand three hundred seventy five dollars and no cents and authorizes and directs either the Town Supervisor or Town of ($13,375.00) Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2 day of July, by the following vote: , 2007 nd AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 325.2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. nd Duly adopted this 2 day of July, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury