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1990-10-15 i94 - ys REGULAR TOWN BOARD MEETING OCTOBER 13th, 1990 7.40 P.M. BOARD MEMBERS PRESENT STEPHEN BOR GOS-S UPER VISOR RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBERS ABSENT GEORGE KUROSAKA-COUNCILMAN MARIL YN POTENZA-COUNCILMAN TOWN ATTORNEY PAUL D USEK TOWN OFFICIALS Dave Hatin, Kathleen Kothe PR ESS: G.F. Pas t S tar PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION CALLING FOR QUEENSBUR Y BOARD OF HEALTH RESOLUTION NO. 573, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby enters as Queensbury Board of Health. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo QUEENSBUR Y BOARD OF HEALTH PUBLIC HEARING -SEWER VARIANCE - ELEANOR ROWLAND NOTICE SHOWN 7.45 p.m. SUPERVISOR BORGOS-Is there anyone here who wishes to speak for or against or ask questions about this particular variance? Mr. Hotin, would you like to tell us very briefly? Do you have all these in front of you? Just briefly what and where. I read through mine the other day and they're not here now. DAVE HA TIN, Director of Building & Codes-This is a variance for Mrs. Eleanor Rowland to place a septic line closer than the required 100 feet to her well. It's located on upper Ridge Road, north of 149 on the left hand side. SUPERVISOR BORGOS-Okoy, this is one where there are currently problems, is that correct? MR. HA TIN-This is a replacement for on existing system. SUPERVISOR BORGOS-They wish to replace on existing system to upgrade? AIR. HA TIN-Yes. COUNCILMAN MONTESI-Dave, do you know how deep that well is? 1 AIR. HA TIN-The Rowlands are here, they can answer that probably better than I con. MRS. ROWLA ND-167 feet. SUPERVISOR BORGOS-Let the record show Mrs. Rowland said 167 feet. COUNCILMAN MONTESI-Just for the record, so that you know what we're dealing with. This is a Ridge Road property that over looks Queensbury Golf Course, Queensbury Country 195 Club. It's a pretty, it's a beautiful location. There's not much room to move on Ridge Road. They have a magnificent old stone wall in front and there is nothing behind them except the 7th or 6th fairway. MRS. R OWL AND-We're between whole 5 and 6 and that's where our well is going to be ... COUNCILMAN MONTESI-So there's ample room a very large slope for some form of drainage also. 1 think that if you take a field trip here you'll see that there really isn't too many alternatives and they are trying to update a system. SUPERVISOR BORGOS-I've discussed this in detail with our Building and Code people and j they believe that this should be issued. Is that correct? AIR. HA TIN-Yes. SUPERVISOR BORGOS-Anyone else? Any Board members, other questions or comments? COUNCILMAN MONAHAN-I'm just looking Steve to see if there is any, Dave, are there any neighbors that can be effected by this? MR. HA TIN-if you look at the map for the 500 feet, I think you'll see that all the neighbors wells are more than the required 100 feet. SUPERVISOR BORGOS-1 think there was one. MR. HA TIN-One neighbor was concerned. We went out in the field and measured it to make sure that it was right and she is exactly 100 feet from this. That's the best we could do. But the line is exactly 100 feet or will be, give or take a few inches. SUPERVISOR BORGOS-Any other questions? PUBLIC HEARING CLOSED 7.47 p.m. RESOLUTION APPROVING VARIANCE REQUEST OF ELEANOR K. ROWLAND RESOLUTION NO. 19, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, Ms. Eleanor K. Rowland previously filed a request for two (2) variances from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be a 100 foot separation between the absorption field and the well, and a 10 foot separation between the absorption field and the property line, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance requests on October 15, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Ms. Eleanor K. Rowland, allowing a 70 foot separation between the absorption field and the well, and a 5 foot separation between the absorption field and the property line, on the following basis: a. that there are special circumstances or conditions which justify allowing the 70 foot separation between the absorption field and the well and the 5 foot separation between the absorption field and the property line, in that the lot size is too small to accommodate the distances required, b. that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; C. that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the 196 Local Board of Health to affect the applicant; and d. that the Local Board of Health imposes o condition upon the applicant that she must also secure the approval of the New York State Deportment of Health. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monohon, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo PUBLIC HEARING -SEWER VARIANCE - ROBERT CASEY -- NOTICE SHOWN 7.48 p.m. SUPERVISOR BORGOS-Is there anyone here who wishes to speak for or against or ask questions about this particular request? Is Mr. Casey here? Anybody representing Mr. Casey? It's not necessary. COUNCILMAN MONAHAN-Dove, any members involved? MR. HA TIN-No Betty, this one is simply to go closer to the property line than allowed. COUNCILMAN MONAHAN-Yes, but I'm just wondering whose on the other side of them . MR. HATIN-1 don't know, you'll have to look at the mop. I don't recall. He did provide o tax mop but I don't know if there's any names on the tax mop or not. The pit is basically closer, basically closer to the rood than the neighbors. COUNCILMAN MONAHAN-Are they on Town water? MR. HA TIN-Yes. Everybody in that area is. SUPERVISOR BORGOS-Any other questions or comments? COUNCILMAN MONTESI-It's really pretty cut and dry as for as we're concerned. I mean the biggest thing that we hove to deal with is the concern for the contamination of well water and this is Town water. Again it is on upgrade. SUPERVISOR BORGOS-For those who haven't been here often, this is o technical step we have to go through for many of these and we are obviously concerned and we do review all of them. But alot of times it is pretty cut and dry as Mr. Montesi said. Okay, with that ... PUBLIC HEARING CLOSED 7:49 p.m. RESOLUTION APPROVING VARIANCE REQUEST OF MR. ROBERT D. CASEY RESOLUTION NO. 20, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Mr. Robert D. Casey previously filed a request for o variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be o 10 foot separation between the seepage pit and the property line, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 15, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property _ have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Mr. Robert D. Casey, allowing a 6.6 foot separation between the seepage pit and the property line, on the following basis: o. that there ore special circumstances or conditions which justify allowing the 6.6 19"7 foot separation between the seepage pit and the property line in that the lot size isQoo small to accommodate the 10 foot distance required; b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; C. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo PUBLIC HEARING -SEWER VARIANCE - DONALD KING NOTICE SHOWN 7:50 p.m. SUPERVISOR BORGOS-Mr. Hotin would you brief us on this please? MR. HA TIN-1 don't know if any of the applicants ore here, they're probably more familiar with this than I am. All I've seen is the mops. I guess they're requesting a variance to go 64 feet rather than the required 100 feet to a septic system and this is on Lake George. They do meet the shore line setbacks. I believe this a replacement system along with on addition to the dwelling. SUPERVISOR BORGOS-If they meet the shore line setbacks, what is it that they're asking for? The 64 instead of 100? AIR. HA TIN-Right, between the well and the septic. SUPERVISOR BORGOS-Whot is your opinion? MR. HA TIN-1 don't know if there's anybody here. They could answer the topography up there better than I can. This is one that I haven't hod a chance to get to, field survey it. COUNCILMAN MONAHAN-We don't hove the neighbors wells or ... HOLLY ELMER, L.A. Group-The site plan shows a 500 foot radius, all the neighboring properties, at the bottom. SUPERVISOR BORGOS-Is your name on the authorization form so that you can property represent? MS. ELMER-My boss is, Jeff Anthony, L.A. Group. SUPERVISOR BORGOS-Thank you. MS. ELMER-You con see all the neighboring properties on our lake water and right now the well is closer to his existing septic system. Its proposed to be moved further away. SUPERVISOR BORGOS-So it's on upgrade in that respect. MS. ELMER-That's right. It's being moved to meet the Pork Commission Regs, get away from the shore line. COUNCILMAN MONAHAN-Is this putting this any closer to any of the neighbor's septic systems? MS. EL MEP.-No it's not. COUNCI' N MONTESI-Or wells? MS. ELMER-No, they're all on Joke water. 198 COUNCILMAN MONAHAN-Which we don't know how long it con exist up there. COUNCILMAN MONTESI-No but the alternative is Town water. SUPERVISOR BORGOS-Individuals, believe it or not, individuals can continue to use the lake as long as they want to. It's just municipal supplies ... COUNCILMAN MONAHAN-No, I'm not saying that. I didn't mean that. I'm saying, there's on awful slot of people that are not comfortable any longer using Lake George as a source of drinking water. MS. ELMER-Some of those homes hove filtration. I talked to the neighbors, some of the) do, some of them don't. — COUNCILMAN MONTESI-So you are saying, that number 1, we moved away from the Lake, we moved farther away from his well and we're no closer to any of the neighbor's wells. MS. ELMER-That's right. COUNCILMAN MONTESI-You can't ask for much more. COUNCILMAN MONAHAN-You ore putting on addition on the house of how many square feet? MS. ELMER-It's looks like .07 acres. The house is sort of shaped like on H and they're filling in the middle of it and adding a second floor in the one spot. COUNCILMAN MONAHAN-No I'm just thinking of bedrooms and impact on the lake and so on and so forth. COUNCILMAN MONTESI-Well you're putting in 2 more, 2 proposed decks. There's no impact there. MS. ELMER-That's just decks. COUNCILMAN MONTESI-The square footage it looks like you're adding 24 by ... DONALD KING, Plum Point, Lake George-There are no additional bedrooms. They're just- putting a second story on and moving 2 existing ground floor bedrooms to the upstairs. There's 4 bedrooms now and there will be 4 bedrooms afterwards. COUNCILMAN MONTESI-It must hove been through the Planning Board. MR. KING-Well we're trying to get this out of the way first before we go through there. SUPERVISOR BORGOS-1 think the Planning Board wants all variances token care of before they consider any. MR. KING-We're interested in getting a well, getting the septic system farther away from our own well as it exists. That's the important consideration for us. COUNCILMAN MONAHAN-Are you making any changes in the bathroom? MR. KING-Only that it will be upgraded to modern appliances. The house is not a winterized facility right now. We'll have all new plumbing. COUNCILMAN MONTESI-It isn't a, I guess what Mrs. Monahan is working towards, it isn't a requirement in our ordinance in our Town, but we certainly could with at least with your good will, condition this variance by telling you that we'd like to see water saving toilets installed. COUNCILMAN MONAHAN-And it will be a part of the variance. We're doing this oroun_ the lake now that when we give a variance around any bodies of water, because you're in on environmentally sensitive area, we're conditioning them that you will put in water saving. When I soy water saving, I'm talking about 1.6 gallons for the seats and I'm talking about water saver showers and the other facilities. MR. KING-I'm well aware of it and if you want to condition it, I would do that anyway just for practicality. COUNCILMAN MONAHAN-Well it makes a lot less pressure on the lake. 19`0 AIR. KING-I'm perfectly willing to go along with that. SUPERVISOR BORGOS-Anyone else wish to add anything? PUBLIC HEARING CLOSED 7:52 p.m. RESOLUTION APPROVING VARIANCE REQUEST OF MR. DONALD KING RESOLUTION NO. 21, 1990, introduced by Betty Monahan who moved for its adoption, seconded I by Ronald Montesi. WHEREAS, Mr. Donald King previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be a 200 foot separation between the absorption field and the well, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 15, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Mr. Donald King, allowing a 64 foot separation between the absorption field and the well, on the following basis: a. that there are special circumstances or conditions which justify allowing the 64 foot separation between the absorption field and the well in that the lot size is too small to accommodate the 200 foot distance required, b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other -- adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; C. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and e. that the Local Board of Health imposes a condition upon this variance that a 1.6 gollon water saver toilet or toilets be used in the premises and that all water providing fixtures such as showers, sinks, etc., shall have water saving devices attached thereto. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahon, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza PUBLIC HEARING -SEWER VARIANCE- MARIA FASULO, FRANK'S PIZZA NOTICE SHOWN 7.55 p.m. SUPERVISOR BORGOS-For the record, I still wont to retain my vote but I do buy pizza there and I like it. I'm o little bit leaning automatically in favor of this particular applicant. I have no financial interest other than I like to spend my money there. COUNCILMAN MONAHAN-1 hope they brought samples tonight. SUPERVISOR BORGOS-I hope so. I go there all the time. Anyone wishes to make a statement for or against or ask questions about this application? Dave would you fill us in a bit, please? 200 MR. HA TIN-Mrs. Fosulo is asking to replace the stone around the or evaluate the system under her parking lot. In order for us to approve this we hove to have the variance to place seepage pits under the parking lot because it is a major alteration. SUPERVISOR BORGOS-This concept has become fairly standard in the Town with traffic covers and all those other things. MR. HA TIN-Right, that's the only thing the plans don't show but we will make sure that that's there. COUNCILMAN MONAHAN-1 was going to soy, I don't see that in our, is it in this, that they're supposed to have traffic covers on that? MR. HA TIN-It's always been the engineer's recommendation. COUNCILMAN MONAHAN-1 know but we should put it in as part of this resolution. ATTORNEY D USEK-Yes, it might be a good idea to odd that as a condition. I don't see it in here. SUPERVISOR BORGOS-That would be condition e. MRS. FASULO-Actually we had cover on the old one, so if there's on the old one, it would be done on the new one also. COUNCILMAN MONAHAN-Yes, we're just trying to do our work correctly. SUPERVISOR BORGOS-A traffic cover is a very specific term so that everybody knows it's suitable for driving over, just to make it clear. I'm sure you would have to do it anyway. MRS. FASULO-Yes. ATTORNEY DUSEK-There would be o paragraph e, that the Local Board of Health hereby imposes a further condition upon the applicant that any septic or leaching facilities placed in the parking lot area or under the parking lot shall hove traffic covers. SUPERVISOR BORGOS-Yes, traffic covers. Anyone else wish to say anything? COUNCILMAN MONTESI-Only that this is a real fine business. They've put an addition on this year, certainly generated more sales tax for the Town of Queensbury along with all of it's soles that you're getting now. It's part of our job to keep business in our community and make sure that it's done right. That's why they're here. PUBLIC HEARING CLOSED 7:58 p.m. RESOLUTION APPROVING VARIANCE REQUEST OF MARIE FASULO, ON BEHALF OF FRANK'S PIZZA RESOLUTION NO. 22, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, Ms. Marie Fosulo, on behalf of Frank's Pizza previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that no component of a leaching facility shall be located under driveways, roods, parking areas, or areas subject to heavy loading, and WHEREAS, o Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 15, 1990, and t WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Ms. Marie Fosulo, on behalf of Frank's.Pizza, allowing the placement of a component of a leaching facility under a parking lot, on the following basis: 201 a. thipt there are special circumstances or conditions which justify allowing a component of a leaching facility to be placed under a paved parking area in that no other alternative is possible which permits compliance with the separation distance requirements of the Sanitary Sewage Ordinance; b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; c. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, e. that the Local Board of Health hereby imposes a further condition upon the applicant that any septic or leaching facilities placed in the parking lot area or under the parking lot shall hove traffic covers. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako, Mrs. Potenzo PUBLIC HEARING -SEWER VARIANCE - MICHEL LEGAULT NOTICE SHOWN 8:00 p.m. SUPERVISOR BORGOS-Anyone wishes to speak for or against or ask questions about this application? I'll ask Mr. Hatin to brief us with this one. This is up at the corners, right? MR. HATIN-Yes. Basically a repeat of what we just hod. Mr. Legault would like to park cars over the top of his seepage or septic system. We inspected his system when it was newly installed over 1 believe a month and a half ago. We told him in order to park vehicles over it he would have to apply for a variance. SUPERVISOR BORGOS-l'm wondering now that we're having so many of these coming through if we should amend our ordinance to soy that, under certain conditions and list those conditions that will be permitted, and that would save all this process. COUNCILMAN MONAHAN-1 think this is something we have to maybe sit down with Dave and find out if there's any time that we shouldn't and not try to do this off the top of our heads and give some thought to it. SUPERVISOR BORGOS-Not right this minute but I'm saying ... COUNCILMAN MONTESi-When we went through the one that I think I hod the most concern about was up on 149. Mike O'Connor represented that group, the 2 big retail outlets, they were moving them. SUPERVISOR BORGOS-That was on Route 9 near the mobile station. COUNCILMAN MONTESI-Right. There was clot of good questions that come out of the discussion. I'm not saying that we shouldn't amend the ordinance but that was one that could hove been cut and dry but there were o lot of good questions that came out of it. Is this going to be paved? MR. LEGA UL T-No. COUNCILMAN MONTES1-Okay, this is an area that is going to remain permeable. COUNCILMAN MONAHAN-Good. MR. LEGA UL T, Bayberry Corners-It will be probably dirt until spring. COUNCILMAN MONAHAN-Why don't you just gross it? 202 COUNCILMAN MONTESI-It's hard to plow the gross. MR. LEGAULT-Not to have cars parked on it. They won't pork on grass. COUNCILMAN MONAHAN-We don't call gravel as permeable anymore do we? MR. HA TIN-Not that I know of, no. COUNCILMAN MONAHAN-They would hove to make sure that doesn't cut down the amount of space that you hove to have for permeability and gravel is not considered permeable anymore in this Town. COUNCILMAN MONTESI-This is a restaurant that they went through a very trying summer. In the peak of the season they had a fire. It's been recently totally renovated, I guess and it looks great. They were closed for the biggest part of the season and it looks like things are going good, you're making the parking lot bigger, so that's great Mike. SUPERVISOR BORGOS-Any further comments? COUNCILMAN MONA HA N-Dave, do you have any problems with this? MR. HA TIN-No. COUNCILMAN MONTESI-Do you put traffic covers on a parking lot that is not paved? COUNCILMAN MONAHAN-Well this part will be won't it, where he's putting ... MR. HA TIN-We're finding that generally if its for commercial use they are putting the traffic covers on. COUNCILMAN MONTESI-Okay and how do you shore it up around it? MR. HA TIN-This particular case, these are commercial systems, this is the regular rings... COUNCILMAN MONTESI-Oh so they hove the part, like the man holes, okoy. COUNCILMAN MONAHAN-Is this going to be paved over where these, is that part going to be paved? MR. HATIN-I believe no. COUNCILMAN MONTESI-No. The only paving really is in the front, if your looking at it, to the right and a little bit to the left. Right? MR. LEGAULT-No paving to the left ... COUNCILMAN MONTESI-No paving to the left. MR. LEGAULT- ... grovel ... COUNCILMAN MONTESI-It's all grovel then, the front, the side. SUPERVISOR BORGOS-Any further comments or questions? COUNCILMAN MONAHAN-Except, I think we hove to put that clause in on this one too, the traffic covers. SUPERVISOR BOR GOS-Yes. PUBLIC HEARING CLOSED 8:02 p.m. RESOLUTION APPROVING VARIANCE REQUEST OF MICHEL LEGAULT, ON BEHALF OF BAYBERRY CORNERS RESTAURANT, INC. RESOLUTION NO. 23, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, Mr. Michel Legault, on behalf of Bayberry Corners Restaurant, Inc., previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that no 203 component of a leaching facility shall be located under driveways, roods, parking areas, or areas subject'to heavy loading, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 15, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property hove been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Mr. Michel Legoult, on behalf of Bayberry Corners Restaurant, Inc., allowing the placement of a component of a leaching facility under a parking lot, on the following basis: a. that there are special circumstances or conditions which justify allowing a component of a leaching facility to be placed under a parking area in that no other alternative is possible which permits compliance with the separation distance requirements of the Sanitary Sewage Ordinance; b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; c. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and e. that the Local Board of Health hereby imposes a further condition upon the applicant that any septic or leaching facilities placed in the parking lot area or under the parking lot shall have traffic covers. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Manahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza RESOLUTION TO SET PUBLIC ffEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 24, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Mr. Stephen M. Kelly has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: APPENDIX A TABLE I- HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINEW COURSE(c) DWELLING LINE AND TRIES. u n u n n n 204 Absorptiop it " " 10 it Field rr o n rr n n and WHEREAS, Mr. Stephen M. Kelly has indicated a desire to place the absorption field 5' from the property line rather than placing it at the mandated 10' distance, NOW, THEREFORE BE IT RESOL VED, that the Local Board of Health for the Town of Queensbury will hold o pub) hearing on 29th, 1990, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Rood, Toth. of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Stephen Al. Kelly to place an absorption field 5' from the property line on property situated on Lot #75, Maple Drive, Queensbury, New York, and bearing Tax Map No.: Section 93, Block 5, Lot 75, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by low, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako, Mrs. Potenza RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 25, 1990, Introduced by Ronald Montesi who moved for its odoptio' seconded by Betty Monahan. RESOLVED, that the Queensbury Board of Health hereby adjourn and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Potenza TOWN BOARD SUPERVISOR BORGOS noted to the public the schedule of Special Town Board Meetings regarding Budget Workshops. RESOLUTION TO CHANGE MEETING DATE RESOLUTION NO. 574, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby cancels the Town Bar' Meeting for the 5th of November and therefore reschedules the meeting for the 8thJ November, 1990 at 7:30 p.m. to be held at the Queensbury Activities Center, 531 Boy R( Queensbury, New York. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Potenza OPEN FOR UM 8:15 p.m. PLINEY TUCKER, Ward 4-Questioned whether the Power Company was notified about the lights. TOWN CLERK DOUGHER noted that the Power Company was notified. MR. TUCKER-Noted that the street lights for Sherman Avenue, Sherman Island and Pine Street have still not been placed. Questioned the update on the situation regarding the Sheriff's deal. SUPERVISOR BORGOS-Noted that there has been a lot of discussion and research done, and within the next week and a half or so, we'll hove on answer. Noted that we've been working to resolve the Cibo Geigy issue, the recycling. MR. TUCKER-1 thought that was shot down. SUPERVISOR BORGOS-For the record it is still very much olive, there will be a meeting held before the end of this week. I hove met with both the Ciba Geigy people and the DEC people, it's the belief of all concerned that whatever issues ore outstanding con be resolved and that it is a very viable alternative and hopefully everybody will be in agreement soon. MR. TUCKER-Questioned when the budget would be available for the public's view. SUPERVISOR BORGOS-Noted that the preliminary budget hopefully will be adopted on October 29th to send it to Public Hearing and should be available for the public within o few days after that. TOWN CLERK DOUGHER noted that if it's adopted on the 29th of October, copies should be available about the 1st of November. BARBARA BENNETT, Dixon Rood-Questioned the results of the Reservoir Park Sewer situation. SUPERVISOR BORGOS-I've spoken with Tom Flaherty and was told that there has been no signs of anything surfacing. We believe that the actions that were taken, the replacing of dry wells, tile fields and the crush stone hove resolved the problem. MS. BENNETT-Questioned whether there ore any near future plans for establishing a sewer district for Dixon Road. SUPERVISOR BORGOS-Noted that it's considered as part of our Master Plan for Sewer but not sure whether or when this will ever come into effect. MS. BENNETT-Questioned if its possible within the next 2 years? SUPERVISOR BORGOS-Possibly on paper, but not completed in that time. COUNCILMAN MONTESI-Noted that Queensbury Central Sewer District from its conception by the Town Board onto paper, the mop, plan and report until last year when the first official bills were sent out, was about 5 years. MS. BENNETT-Referred to the Transfer of Funds Resolution and questioned the move of the Justice Department and whether that furniture was taken in the move or if it's being replaced. SUPERVISOR BORGOS-Yes but additional furniture will have to be purchased. Would like to have an Open House in the near future. j OPEN FORUM CLOSED I 8:20 p.m. COUNCILMAN MONTESI noted that he has received phone calls regarding the Pyramid Mall and their proposed expansion. The calls were positive but they expressed concern regarding impacts on traffic and was given a few good suggestions. SUPERVISOR BORGOS-Noted that we've held a couple of meetings related to Water during this post week, one being with the City of Glens Falls, discussing the possible use of the some engineering firm to save time and money in the process of looking for a solution to the future of the water in this area. Noted the other meeting with discussions and presentations recommending that all area communities join with us in a Regional Water Treatment Plant. Noted for your 2000 information we had with us, the Town of Moreau, the City of Glens Falls, the Village of South Glens Falls, 'the Town and Village of Fort Edward, the Village of Hudson Falls, the Town of Kingsbury, the Village of Lake George and the Town of Wilton. Noted the lighting project at the School's tennis courts and basketball courts are now up, mounted and should be turned on soon. Noted the Highway building is presently being remodeled and is at about 45 percent complete. COUNCILMAN MONTESI-Noted that he received a phone call from a constituent who was questioning the recent placement of a stop sign on his street. 1 spoke with Paul Naylor who indicated that they're in the process of updating some laws that were on the books. ATTORNEY DUSEK-Agreed that he had recommended to Paul to put up the sign, noting that j it was a low on the books mandated by a previous board. Noted that this is a result of part of what is going on through General Code Publications, explaining that Code Publishers went through all of our previously adopted laws or ordinances and made a complete itemization of places where we are supposed to have traffic signs, parking signs, etcetera in Town in accordance with those laws. My office working with Paul Naylor's office went through those comparing the laws with what we actually had out there so that we could bring our laws up to date and that was a result of one of them. MS. BENNETT-Referred to the Aviation Mall and their proposal of reducing the size of parking spaces by o foot and noted that she would not like to see this happen.. COUNCILMAN MONAHAN-Noted that their parking spaces now are according to our old regulations which were 9 feet. The new regulations are 10 feet and they are asking to stay at 9 feet. RESOL UTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 575, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby approve the Town Board Minutes of September 17th and 24th of 1990. 3` Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Potenzo RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW ESTABLISHING WATER DISTRICT CONNECTION REGULATIONS RESOLUTION NO. 576, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Low entitled, "A Local Low Establishing Water District Connection Regulations", and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption, it is necessary to conduct o public hearing on said proposed Local Law, NOW, THEREFORE BE IT RESOLVED, that the proposed, amended Local Low essentially odds o definition and clarifies ' what is meant by the term "Major Subdivision", which definition or clarification does not change previous interpretations and the proposed action is therefore o Type 11 SEQRA Action, which does not require any further SEQRA Review, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, 407 Warren County, New York, at 7:00 p.m., on the 29 th day of October, 1990, to consider said proposed Local Law and to hear a// persons interested on the subject matter thereof concerning the some and to take such action thereon as is required or authorized by low, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by low. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenzo RESOLUTION TO AMEND ZONING ORDINANCE ARTICLE 8, TO ADD SECTION 8.030 GENERAL EXEMPTION FROM ALL ZONING ORDINANCE AND SUBDIVISION REGULATIONS FOR PROPERTY CONSTITUTING LESS THAN ONE HUNDRED (100) ACRES TO BE PURCHASED RESOLUTION NO. 577, 1990, Introduced by Betty Monahan who moved for its odoption, seconded by Stephen Borgos. WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting the following amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and more specifically o revision of Article 8, Section 8.030, be added as follows: Section 8.030 GENERAL EXEMPTION FROM ALL ZONING ORDINANCE AND SUBDIVISION REGULATIONS FOR PROPERTY CONSTITUTING LESS THAN ONE HUNDRED (100) ACRES TO BE PURCHASED BY THE TOWN OF Q UEENSB UR Y. Notwithstanding all other provisions of this Ordinance, all property constituting less than one hundred (100) acres for which the Town of Queensbury is under a valid, executed contract to purchase shall be exempt from all provisions of this Ordinance, including Subdivision Regulations. Such exemption shall expire if said contract is terminated prior to closing of title. This exemption shall not apply to those transactions which result in Seller's remaining adjacent property being in violation of the relevant area and/or setback requirements of Section 4.020 of this Ordinance. This section shall not apply to any land division which constitutes a Class A or B regional project under the Adirondack Park Agency Act or any action which requires a permit under the Freshwater Wetlands Act or the Wild, Scenic or Recreational Rivers System Act. In addition, all land uses and development which ore related to the jurisdictional subdivision or which are independently Class A or R_ regional ,projects shall require o permit from the Adirondack Park Agency or the Town, respectively. In every case, the shore line restrictions of this ordinance shall apply. WHEREAS, o public hearing was held by this Town Board on July 23, 1990, at 6:60 p.m., in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and WHEREAS, the Planning Board of the Town of Queensbury recommended approval of said proposed changes on September 25, 1990, and WHEREAS, the Adirondack Park Agency was duly notified of said proposed amendment, and WHEREAS, the Warren County Planning Board disapproved said proposed action on July 11, 1990, and WHEREAS, the Town Board of the Town of Queensbury has made o determination that the proposed amendment, supplement, change and/or modification to the Zoning Ordinance will hove no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the effects of the proposed amendment, supplement, change and/or modification to the Zoning Ordinance, 208 NOW, THEREFORE BE IT RESOLVED, that to Article 8 of the Zoning Ordinance of the Town of Queensbury, shall be added Section 8.030, as follows: Section 8.030 GENERAL EXEMPTION FROM ALL ZONING ORDINANCE AND SUBDIVISION REGULATIONS FOR PROPERTY CONSTITUTING LESS THAN ONE HUNDRED (100) ACRES TO BE PURCHASED BY THE TOWN OF Q UEE NSB UR Y. Notwithstanding all other provisions of this Ordinance, all property constituting less than one hundred (100) acres for which the Town of Queensbury is under a valid, executed contract to purchase shall be exempt from all provisions of the Ordinance, including Subdivision Regulations. Such exemption shall expire if said contract is terminated prior to closing of title. This exemption shall not apply to those transactions which result in Seller's remaining adjacent property being in violation of the relevant area and/or setback requirements of Section 4.020 of this Ordinance. This section shall not apply to any land division which constitutes a Class A or B regional project under the Adirondack Park Agency Act or any action which requires a permit under the Freshwater Wetlands Act or the Wild, Scenic or Recreational Rivers System Act. In addition, all land uses and development which ore related to the jurisdictional subdivision or which ore independently Class A or B regional projects shall require a permit from the Adirondack Pork Agency or the Town, respectively. In every case, the shore line restrictions of this ordinance shall apply. and BE IT FURTHER RESOLVED, that, pursuant to the requirements of Article 11 of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within (5) days, direct that o certified copy of said amendment be published in the Glens Falls Post Star and obtain an Affidavit of Publication, and BE IT FURTHER RESOLVED, that this amendment take effect ten (10) days after said publication, and any part of the Zoning Ordinance which is inconsistent with said amendment shall be deemed amended or repealed. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo RESOLUTION AUTHORIZING CERTIFICATES OF SUBSTANTIAL COMPLETION RESOLUTION NO. 578, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, pursuant to contract, the following contractors have been involved in the construction of the State Police Satellite Office on Aviation Rood, in the Town of Queensbury: 1) C.D.K. Electric, Inc. 2) Valente Builders, Inc. 3) Hilltop Construction Co. 4) Hollisters Plumbing & Heating 5) Adirondack Mechanical Corporation and WHEREAS, the aforementioned contractors have requested that the Town and the engineer presently reviewing the project, Rist-Frost Associates, P.C., issue Certificates of Substantial Completion in connection with said construction of the State Police Satellite Office on Aviation Road, in the Town of Queensbury, and 200 WHEREAS, 'Rist-Frost Associates, P.C. has advised that the construction of the State Police Satellite Office has reached a point where such certificates of substantial completion may be executed by the Town, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance of Certificates of Substantial Completion to: 1) C.D.K. Electric, Inc. 2) Valente Builders, Inc. 3) Hilltop Construction Co. 4) Hollisters Plumbing & Heating 5) Adirondack Mechanical Corporation and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to execute Certificates of Substantial Completion in the forms presented at this meeting and such Certificates shall be issued as set forth herein. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako, Mrs. Potenzo COUNCILMAN MONA HA N-Concerned that all the paperwork has been received and completed. SUPERVISOR BOR GOS-A greed to double check. RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION -- FOR CHANGE OF ZONE RESOLUTION. NO. 579, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is presently considering the amendment, supplementation, change, or modification of the Zoning Ordinance of the Town of Queensbury which was adopted on October 1, 1988, and more specifically o change of zone of properties owned by WJT Realty, their parcel of property being tax map nos. 55-2-18. 1 and 55-2-18.2, changed from SR-]A to LI-1A, thus modifying the existing Zoning Ordinance and map, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in Connection with conducting on environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and hereby directs the Planning Department of the Town of Queensbury to notify the Planning Board of the Town of Queensbury, the Warren County Planning Board, the Adirondack Park Agency, and any other involved agencies, of this desire, and that a lead agency must be designated within 30 days and to further send a copy of the Part I of the Short Environmental Assessment Form, this resolution, and the proposed amendments and notifications to these agencies. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 210 Absent: Mr. Kurosako, Mrs. Potenza RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE -REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 580, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is presently considering on amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and more specifically considering a petition for change of zone by WJT Realty, whereby their parcel of land, known as Tax Map Nos. 55-2-18. 1 and 55-2-18.2, would be changed from Suburban Residential - 1 Acre to Light Industrial - 1 Acre, thus modifying the existing Zoning Ordinance and mop, and WHEREAS, in order to so amend, supplement, change, modify, or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have on opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and BE IT FURTHER RESOLVED, that said public hearing shall be held on November 19th, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Rood, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Planning Department of the Town of Queensbury is also hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury is accordance with the written notice presented at this meeting, to be delivered 10 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisor's, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER RESOLVED, that the Planning Department of the Town of Queensbury is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance and refer said proposed amendment to the Warren County Planning Agency for their review in accordance with the laws of the State of New York and Zoning Ordinance of the Town of Queensbury, and that copies of the Ordinance, this resolution and copies of the notices be given to said agency unless said agency already has copies of the same, and BE IT FURTHER RESOLVED, that the Planning Department of the Town of Queensbury is also hereby directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza 211 RESOLUTION REGARDING PLACEMENT OF SIGNS AT BAY AND QUAKER ROAD INTERSECTION RESOLUTION NO. 581, 1990, Introduced by Betty Monahan who moved for its odoption, seconded by Ronald Montesi. WHEREAS, Warren County owns a piece or portion of real property located at the intersection of Bay and Quaker Roads in the Town of Queensbury, and said County has assigned to the Town of Queensbury the right to determine whether any banners or any like type of signs shall be placed at said intersection and by whom, and WHEREAS, the Town Board of the Town of Queensbury desires to establish o policy and rules by which it will allow the use of the County Land for the placement of banners or signs by non-profit organizations, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby will allow placement or banners and/or like signs upon property owned by Warren County at the intersection of Boy and Quaker Roads, in accordance with the following policy: 1. The right or privilege to place signs upon the aforesaid County property will be limited to non-profit organizations; 2. The length of time that a banner or sign will be allowed to be displayed will be for o period of one week, or portion thereof commencing Monday to be removed the following Monday, with on opportunity to extend that period on o weekly basis, unless another organization needs the space, and that organization has not yet had on opportunity to use the property; 3. In the event that on organization desires to place a sign on the aforesaid property for a period longer than one week, the Town Board of the Town of Queensbury reserves the right to limit the overall length of time the sign will be placed upon the property, such that the Town Board of the Town of Queensbury may, at any time, demand that the sign be removed and the some shall be removed within twenty-four (24) hours, regardless of whether there are any other non-profit organizations desirous of placing the sign upon the property, 4. The Town Clerk of the Town of Queensbury will be charged with the duty and responsibility of administering the policy of the Town Board as set forth herein and shall maintain appropriate records for filing or recording the requests made for use of the property and award of permission to use the some by the Town; 5. All signs or banners placed on the aforesaid property shall be of the nature and placed in accordance with the rules and regulations of the Town of Queensbury Sign Ordinance, Article 4 - Temporary Signs. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Potenzo RESOLUTION AUTHORIZING TRANSFER OF FUNDS AND CLOSURE OF H52, CAPITAL PROJECT FUND RESOLUTION NO. 582, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury previously established the Quaker Road Water Transmission Main Capital Project Fund (H52) as part of the Quaker Road Water Transmission Main Reconstruction Project, and WHEREAS, the aforesaid project has been completed and there is no longer a need to maintain and keep open the Capital Project Fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a transfer of all funds currently existing in the Quaker Road Water Main Capital Project Fund (1152) 212 to the Queensbury Water Fund Balance (WI), which funds are in the approximate amount of $145,000.00, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to orrange for and close the Quaker Road Water Main Capital Project Fund (H52). Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosoka, Mrs. Po ten za RESOLUTION AUTHORIZING INCREASE OF APPROPRIATIONS IN W1, QUEENSBUR Y WATER FUND RESOLUTION NO. 583, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, authorized the closure of H52, Quaker Road Water Main Capital Project Fund, and authorized a transfer of all funds remaining in said Capital Project Fund to W1, Queensbury Water Fund balance, and WHEREAS, the Town Board of the Town of Queensbury desires to increase appropriations in B.A.N. principal and B.A.N. interest accounts within said fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations in B.A.N. principal and B.A.N. interest in the approximate amount of $141,827.09 and hereby further increases appropriation in the appropriated Fund Balance of W1, Queensbury Water Fund by $141,827.09, with the source of funding to come from the funds available from the closure of the aforesaid H52, Quaker Road Water Main Capital Project Fund, and .BE IT FURTHER RESOLVED, that the 1990 Town of Queensbury Budget is hereby amended accordingly. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW REGULATING PARKING ON A PORTION OF GLEN LAKE ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO. 584, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Low which would provide for the regulating of parking on a portion of Glen Lake Road in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Low, Vehicle and Traffic Law and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE BE IT 213 RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold o,public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:30 p.m., on the 19th day of November, 1990, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the some and to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by low. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 585, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, certain departments have requested transfers of funds, and WHEREAS, said requests hove been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE BE IT RESOL VED, that the funds be transferred as listed below: ACCOUNTING OFFICE FROM TO AMOUNT A0451220406 A 0451220405 $150.00 (Service Contracts) (Books, Pubs., Sub.) BUILDING & GROUND DEPARTMENT FROM TO AMOUNT A 1451620.401 A 1451624.444 $7,000.00 (T.O.B. Office (Justice Bldg Supplies) Misc. Cont.) A 1451627.466 A 1451622.407 $1,000.00 (Q. Ctr. Elect. (Office Equip. Repairs) Repairs & Moint.) Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo RESOLUTION TO HIRE SECRETARY IN TOWN ATTORNEY'S OFFICE RESOLUTION NO. 586, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Attorney for the Town of Queensbury has requested additional secretarial assistance for his office, and WHEREAS, the Town Board of the Town of Queensbury, by virtue of Section 20 of the Town Low of the State of New York, has the authority to employ such employees as the Town Board may determine necessary for the proper conduct of affairs of the Town of Queensbury, and 214: WHEREAS, the Town Attorney has interviewed for the position of secretary and has chosen a qualified candidate, NOW, THEREFORE BE IT RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized to retain and employ Mrs. Mario Gionnetti, as a secretary at o salary of $7.50 per hour, and BE IT FURTHER RESOLVED, that said salary be paid from Account No.: A 115-1420-193, entitled Paralegal, P T. Duly adopted this 15th day of October, 1990, by the following vote: -- Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenza RESOLUTION ACCEPTING TEMPORARY GRADING AND DRIVEWAY RECONSTRUCTION EASEMENTS AND PERMANENT DRAINAGE EASEMENTS ALONG COLONIAL COURT RESOLUTION NO. 587, 1990. Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is desirous of correcting certain drainage problems along the Town road known as Colonial Court, in the Town of Queensbury, and WHEREAS, in order to do so, it is necessary for the Town to enter into certain Easement Agreements with property owners along Colonial Court, and WHEREAS, the form of the Easements has been reviewed and approved by Karla M. Corpus, Deputy Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that said Easements are hereby accepted and approved and that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to cause said Permanent Drainage Easements to be recorded in the Warren County Clerk's Office, after which all Temporary and Permanent Easements shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Potenza RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF Q UEENSB UR Y PL A NNING BOARD RESOLUTION NO. 588, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the some be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and ol/ applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the some, and 21. WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: Kerry V. Girard - Lot 7 Cline Meadow Development, Meodowbrook Rood, Town of Queensbury, New York; and i BE IT FURTHER RESOLVED, that the Planning Deportment arrange for the completion of all further pages that are necessary to make the petition for zone change complete, and BE IT FURTHER RESOLVED, that the Planning Department and Planning Board when considering this matter also consider the development of an overlay zone for Senior Citizen housing projects which zone could be implemented in all areas of the Town. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo RESOLUTION TO APPROVE CHANGE ORDERS FOR CONTRACT NO. 7 RESOLUTION NO. 589, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town of Queensbury previously let Contract No. 7 for the Quaker Road Sewer District, and WHEREAS, the contractor, Belden Company, Inc., and the engineer for the Town on the project, Kestner Engineers, P.C., have recommended change orders for the following purposes: A. Change Order No. 2 - Relocate the Electrical Control Panel For The Two Grinder Pump Units Along Meodowbrook Rood to the West Side of Meadowbrook Road, On Lands of the Adirondack Girl Scouts; B. Change Order No. 3 - Decrease in Contract Price Due to Elimination of Grinder Pump Unit for Zoli Property Located on North Rood; C. Change Order No. 4 - Extension of Contract Time From 75 Days to 96 Days, and WHEREAS, Thomas K. Flaherty, Water Superintendent, has indicated that he feels the proposed changes ore appropriate, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves, as may be necessary, the change orders presented at this meeting, and hereby states that the cost of Change Order No. 2 shall be for a lump sum price of $1,000.00, and will be paid from the account established for the Quaker Road Sewer District (H40-38-5-8150-440), and BE IT FURTHER RESOL VED, that the contract price shall be decreased by a total of $1,045.00, and BE IT FURTHER RESOLVED, that the time limit for said Contract No. 7 shall be extended from the 75 days to 96 days, and BE IT FURTHER 216 RESOLVED, that the Town Supervisor of the Town of Queensbury be and hereby is authorized to sign and execute the above-mentioned change orders. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Potenza RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING, ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 590, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. DISCUSSION followed, the Town Board agreed to table the resolution until further information could be received regarding whether or not both parcels on the application were considered by the Queensbury Planning Board and the Warren County Planning Board. RESOLUTION TO TABLE RESOLUTION NO. 590, 1990 RESOLUTION NO. 591, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby Tables Resolution No. 590 of 1990 entitled'RESOLUTION OF TOWN BOARD TO BE DESIGNATED AS LEAD AGENCY REGARDING ADOPTION OF PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE'. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Potenza RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 592, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Audit of Bills appearing on Abstract October 15th, 1990, numbering from 90-4877 thru 90-5136 and totaling $137,138.96 with Voucher No. 90-4920 being pulled from the Audit, be and hereby is approved. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosoko, Mrs. Po ten zo RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 593, 7990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Litigation. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 21. 7 Absent: Mr. Kurosoko, Mrs. Potenzo 1 RESOLUTION CALLING FOR REGULAR SESSION OF THE TOWN BOARD RESOLUTION NO. 594, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and move into Regulor Session of the Town Board. Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenza RESOLUTION TO AUTHORIZE SETTLEMENT OF CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASES RESOLUTION NO. 595, 1990, Introduced by Stephen Borgos who moved for its adoption, seconded by Betty Monahan. WHEREAS, certain Article 7 Real Property Tax Assessment Review Cases hove been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review cases with the legal counsel for the Town of Queensbury, such counsel having made recommendations to the Town Board, NOW, THEREFORE BE IT RESOLVED, that the following cases be settled with respect to the tax assessment rolls as indicated and as follows: 1. 152-1-16.3 - H.W. Fisher, Inc. (E. Kottskill Bay Morino, 146 x 152) to be assessed at: School Tax Year: 1989 - 1990 - $371,600.00 County/Town Tax Year: 1990 - $371,600.00 2. 152-1-16. 1 - Howard W. and Rose Marie Fischer (E. Kottskill Bay Waterfront voc. 1.43 Acres) - to be assessed at: School Tax Years: 1989 - 1990 - $287,500.00 1990 - 1991 - $287,500.00 County/Town Tax Years: 1990 - $287,500.00 1991 - $287,500.00 Duly adopted this 15th day of October, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Potenzo No further action was taken. On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBUR Y