06-01-2020 MTG #18
Regular Town Board Meeting, 06-01-2020, MTG #18 664
REGULAR TOWN BOARD MEETING MTG #18
JUNE 1, 2020 BOH RES #29-30
7:05 P.M. RES #195-206
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
TOWN COUNSEL
MARK SCHACHNER, ESQ. (via remotely)
DEPARTMENT MANAGERS
Dave Duell, Highway Superintendent
David Hatin, Director of Building & Codes
PRESS
LOOK TV
SUPERVISOR STROUGH called meeting to order…
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE
1.0 BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 195, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters into the Queensbury Board of Health.
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Duly adopted this 1 day of June, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES AND
PATRICIA ROUND
NOTICE SHOWN
PUBLICATION DATE: May 22, 2020
AGENT – TOM HUTCHINS
SUPERVISOR STROUGH: Reviewed proposed resolution.
Regular Town Board Meeting, 06-01-2020, MTG #18 665
TOM HUTCHINS, HUTCHINS ENGINEERING-Good evening board, I am Tom Hutchins on behalf
of the applicants the Rounds. This is a replacement of an absorption field that will be placed in the
same location as the current field although the new field will be significantly larger. What is in there
now is an eljen system from the early eighties and they were designed very, very small in their early
days and it’s failed. So, its, I hope you’ve had a chance to look at the property. For us, it’s the logical
replacement. We are asking for property line variances of two feet to the property line which is the
town’s right-of-way which is somewhat deceiving because it’s quite a ways away from the road if you
look at the property. And then two feet to the easterly property line and we’re going to replace the
eljen field with a stone absorption bed. The existing will be pumped, inspected and upgraded if
necessary. Sometimes the baffles are bad and need to be replaced but other than that it’s a replacement
field.
SUPERVISOR STROUGH-Any questions for Mr. Hutchins?
COUNCILMAN FERONE-No, it’s a preexisting condition, right? So basically, you’re just putting it
in the same place. I noticed they have a big back yard but I wouldn’t think they would want to go to
the expense of having to change everything all the way to the back.
MR. HUTCHINS-No, that would be a significant change over and there is a big swimming pool in the
big back yard that isn’t on our plan but there is a pool there.
COUNCILMAN FERONE-Okay.
SUPERVISOR STROUGH-Alright, any further questions?
COUNCILMAN FREER-When are we going to get septic in that area?
SUPERVISOR STROUGH-I’ll entertain a motion for the septic variance, for now we’ll discuss that
later?
TOWN CLERK BARBER-Are you going to open the public hearing?
SUPERVISOR STROUGH-Oh, I will open the public hearing on this, thank you. Anybody from the
public wish to speak on this? Alright, for the public and then I have a call-in and the number is 761-
8225. If you have a call-in on this resolution before us right now, we have a public hearing on James
and Patricia Round’s application for a sanitary sewage disposal variance. They live at 34 Pershing
Road. The kind of system they are going to install was just described to you. So, there’s three ways of
doing this. We have the public present and I just asked them if they had anything they would like to
comment on with regards to this sanitary sewage disposal variance request. Secondly, I have phone
number and that phone number is 761-8255. It’s visible to both Zoom, because we are doing Zoom
tonight and we’re doing YouTube tonight. YouTube members, you are going to have to call in.
Zoom, indicate by raising your hand, your little blue hand if you have something that you would like to
say in regards to this sewage disposal variance application for James and Patricia Round. I am giving
people time to call in or find your little blue hand to raise so that you can tell me you have a question.
Alright, I don’t see anybody on Zoom. I’ve had no call-ins for watchers of YouTube. No one present
so I think I’ve given anybody that wishes to have an opportunity to speak to the Board about James
and Patricia Rounds application for a sanitary sewage disposal variance and I have heard none. So, I
will now close the public hearing.
NO PUBLIC COMMENT - PUBLIC HEARING CLOSED
RESOLUTION APPROVING JAMES AND PATRICIA ROUND’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 29, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, James and Patricia Round (Applicants) filed an application for variances from
Regular Town Board Meeting, 06-01-2020, MTG #18 666
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a
replacement absorption field:
1. 2’ from the northern property line in lieu of the required 10’ setback;
2. 2’ from the eastern property line in lieu of the required 10’ setback; and
3. 18’ from the structure in lieu of the required 20’ setback;
on property located at 34 Pershing Road 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 duly conducted a public hearing concerning the variance requests
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on Monday, June 1, 2020, 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 are the minimum variances which would alleviate the specific
unnecessary hardship found by the Local Board of Health to affect the Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of James and Patricia
Round for variances from the Sewage Disposal Ordinance to install a replacement absorption field:
1. 2’ from the northern property line in lieu of the required 10’ setback;
2. 2’ from the eastern property line in lieu of the required 10’ setback; and
3. 18’ from the structure in lieu of the required 20’ setback;
on property located at 34 Pershing Road in the Town of Queensbury and bearing Tax Map No: 302.14-1-
74.
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Duly adopted this 1 day of June, 2020, by the following vote:
Regular Town Board Meeting, 06-01-2020, MTG #18 667
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 30, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
Regular Session of the Town Board of the Town of Queensbury.
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Duly adopted this 1 day of June, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
2. Public Hearing
PUBLIC HEARING – PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND
CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE §179-3-040
“ESTABLISHMENT OF ZONING DISTRICTS” AND §179-4-090 “PARKING & LOADING
REGULATIONS”
NOTICE SHOWN
PUBLICATION DATE: May 22, 2020
SUPERVISOR STROUGH: Reviewed proposed local law and noted the additional allowed uses.
Noted that the Town received ten letters of support and summarized each. Noted further that the Town
did not receive any letters not supporting the proposal.
(The following are the submitted letters of support and are made a part of the official record on file)
Teri Rogers, Executive Director, Warren County Historical Society
Christine Quill
Sharon Reynolds
Michelle Straight, Director of Community Relations, Veterans & Community Housing
Coalition
Chad Nims, NIMS Outdoor Services & Tree Care by Stan Hunt
John Myers, Owner – Entertainment One
Michael Bittel, President & CEO – Adirondack Regional Chamber of Commerce
Timothy Moss, General Managing Partner, Ninety-Nine Restaurant
Michael Neuhaus, Regal Cinemas
Catherine McDonough, President & Luisa Craige-Sherman, Associate Executive/CEO,
Southern Adirondack Realtors
COUNCILMAN FERONE-I think it is important to note for the public that this is something that
we’ve been working on for some time, conducting meetings last year on this subject. So, we’re fully
Regular Town Board Meeting, 06-01-2020, MTG #18 668
aware of the aspect of what they want and how this is all going to work and we’re looking for public
comment on this now.
PUBLIC HEARING OPENED FOR PUBLIC COMMENT
SUPERVISOR STROUGH-Next, is there anybody present who would like to speak to our proposed
changing to amend Chapter 179 Zoning of Queensbury Town Code, revise 179-3-040, establishing
zoning districts and 179-4-090 parking and loading regulations? Anybody here in the public wish to
speak to that? Yes sir, please come forward and identify yourself.
ATTORNEY JON LAPPER-Jon Lapper, on behalf of the applicant. James Griffith, the Mall Manager
is here and David Aitken from Pyramid is on Zoom. As George said, we’ve been working with the
Town for about six months to get to this point and we appreciate the flexibility to get to this list of
those uses. I don’t have to add much to what the public comments or what the Supervisor said but I
am sure this will be a win-win for the mall and the Town to make this a better destination. So, thank
you for working with us.
SUPERVISOR STROUGH-Okay, anybody else? I will just mention James Griffith, General Manager
of Aviation Mall is present with us. Alright, having nobody from the immediate audience, the onsite
audience who wishes to speak to this and they are socially spaced, some are wearing masks, depending
on the comfort level. If you do jeopardize that six foot social distancing please put a mask on. All the
furniture and everything was cleaned prior to this meeting, I’ll just mention that. Okay, so our next
segment is YouTube. Some of us are watching this on YouTube. I am going to give you the
opportunity if you are watching to call in. I have a phone here, I need to see caller ID. If you don’t
have caller ID and you’re not being identified on the phone, I won’t take it. Alright, so if you want to
call to offer something for or against what we are proposing today, or comment in general, it doesn’t
have to be one or the other, you’re welcome to do so. Please call area code 518-761-8225. Area code
518-761-8255.
COUNCILMAN FREER-John, just for FYI, you have about a twenty-five second delay on YouTube.
SUPERVISOR STROUGH-Is it that bad?
COUNCILMAN FREER-I just checked it a bit ago.
SUPERVISOR STROUGH-Yea, okay, thank you. Alright, while we’re waiting for people, there’s a
twenty-five second delay so there will be a delay between those people out there who are watching it
on YouTube and may wish to call in. While we’re waiting for them, Town Board meetings, I had a
couple of people say to me, no Town that we know of in the region does what you do. In other words,
we provide three formats. We’ve gone out of the way to be COVID responsible that provide you an
opportunity to join publicly on site if you abide by our COVID rules to help prevent the spread of
COVID and you are all abiding and I want to thank the audience. But you’re welcome to do that
opportunity, you are still welcome to come up here. You notice that we took away the table and
chairs. We don’t want you touching anything that somebody else may have touched and we haven’t
had an opportunity to clean. The podium works well, come up and speak and then you may sit down.
So, we changed that format to accommodate. The second thing we’re doing, we have Peter Pepe of
Pepe Productions filming for YouTube. So, people that aren’t familiar with Zoom, and not the people
in government, we’ve gotten used to Zoom but the people in large, they’re not used to Zoom. So they
can watch it on YouTube, they can call me on the phone. That, most people, it’s pretty easy to do, if
you’ve got the internet you can do that. The other format that we have is, we have Zoom. So I see
who is currently on Zoom and if you want to say something, I will give you an opportunity in a minute
because you’re seeing me, pretty much directly live. I guess there is as much as a twenty-five second,
usually its eight to ten seconds. There’s a slight delay in YouTube, but not in Zoom. So if you want to
talk through Zoom, you will and you will come through the Zoom camera that we have present here.
So we have StoredTech helping us to manage that and we also have Joel Barlow, Jessie Jackson, Look
TV and we’re aired three times a week. Alright, we’re aired Tuesdays at 8, Wednesdays at 2:30,
Sundays at 10. So, what more could we do to be open and transparent. Okay, I don’t know what else
we can do. So, I think I’ve given everybody an opportunity to call in to call in. I have not heard
anybody, no one has called in. So, we’ll move to Zoom next. I see Gina Mintzer and Michael Bittel.
David Aitken, you did have your hand up, Leo Lloyd. Alright, you have your hands up, you’d like to
speak. So I am going to start with Gina Mintzer, I am going to give you an opportunity to talk. Gina,
can you hear me?
Regular Town Board Meeting, 06-01-2020, MTG #18 669
GINA MINTZER-Yes, thank you Supervisor Strough. Gina Mintzer from the Lake George Regional
Chamber of Commerce and CVB. We are completely pro all development there for the Aviation Mall
especially because, well in addition to the fact that it had been an economic engine for the Town of
Queensbury for decades and all due respect for transparency, I am Pyramid Alum. I worked for the
Pyramid Companies back in the 90’s for nine years for I was very familiar with the Aviation Mall
throughout, you know, for the last thirty years and know of its value to the community as well as to the
numerous jobs that it has created over the years and its contributions overall to our quality of life here
in the Town of Queensbury. You have our letter of support and this is on behalf of our Board of
Directors, our community at large in terms of our membership of four hundred and fifty members and
our staff and all of our partners. So, we’re just really pleased by this development and know that
additional apartments and other ways to enhance the shopping center environment there at exit 19 on
the property will be great for our community. Thank you.
SUPERVISOR STROUGH-Alright, thank you Gina. Michael, Michael Bittel?
MICHAEL BITTEL-Hi, good evening Supervisor. Can you hear me?
SUPERVISOR STROUGH-Yes we can hear you Michael.
MR. BITTEL-Fantastic. Thank you for having me this evening and my best to all of those Town
Council Members as well and those viewing these great transparent proceedings. Thank you for
reading our letter of support. The ARCC comprises seven hundred and eighty members in our region
and the letter we wrote was on behalf of those members. We’ve received nothing but positive
feedback on the partnership with the Aviation Mall and James Griffith. I just want to talk to a minute
about James partnership and the Pyramid Corporation’s partnership with the Town of Queensbury and
the greater community. James and the Pyramid Mall group has been fantastic. Just as recently as
providing a Memorial Day Veterans Food Drive which was fantastic. Last year partnering with the
Chamber as well on many other events for the greater community. I also, Gina had mentioned it as
well with the ties to the community, but my wife actually worked for Caldor, I won’t say how many
years ago, I actually worked right across the street at what is now Starbucks, it used to be a Papa
Gino’s many years ago. And as neither of those are in business anymore and certainly not at the fault
of the Aviation Mall, things change and the Aviation Mall has put forth a great proposal to change
with the times, continue to be a huge supporter of the community and continue hopefully to provide
more tax revenue for the Town and the County. So, thank you so much for having me this evening, I
appreciate you so much and please, we urge you to pass this proposed local law. And have a great
evening.
SUPERVISOR STROUGH-You too Michael, thank you very much. Next, we have Leo Lloyd. Leo,
can you hear me?
LEO LLOYD-Yes I can. Can you folks hear me where you are at?
SUPERVISOR STROUGH-Yes we can, Leo.
MR. LLOYD-I am also in support of what’s been proposed for the changes to the mall. I am Captain
of the local Salvation Army, I’ve had a chance to serve mostly in New England and now in upstate
New York and I’ve seen this type of development happen in the greater Boston area and I’ve got to tell
you it’s a huge success. We’ve worked, the Salvation Army along with the Pyramid group in many
malls across Upstate New York and I think that they’ve got the formula for success. So, I just wanted
to call in tonight and lend support to this proposal. You would know the Aviation Mall has been a
great friend of non-profits and a great friend to the community. They support us donating space to us,
we were able to give about a thousand children’s presents because of the space they were able to
donate. And most recently we did a large drive through food pantry up at the Aviation Mall that was
supported by most of the non-profits in Town. So I just wanted to call in tonight and just really lend
support to this idea, I think it’s the formula for the future, I really do.
SUPERVISOR STROUGH-Thank you Lloyd and thank you for all that you do for the Salvation
Army. Okay, anybody else on Zoom wish to speak to the Board about the proposed zoning changes
for the enclosed shopping center? Alright, I don’t see any. Dave Aitken, his hand was up earlier but
maybe.
MR. JAMES GRIFFITH-I think Jon covered everything.
SUPERVISOR STROUGH-Alright, okay. Alright, I will close the public hearing.
Regular Town Board Meeting, 06-01-2020, MTG #18 670
PUBLIC HEARING CLOSED
TOWN COUNSEL SCHACHNER-You have Part 2 which is a ten page document attached to Part 1
rd
which was signed and submitted on behalf of the mall representatives on March 3 of this year. I will
read through the following questions:
Full Environmental Assessment Form
PART 2- Identification of Potential Project Impacts
1. Impact on Land: Proposed action may involve construction on, or physical alteration of the
land surface or the proposed site? YES
e. The proposed action may involve construction that continues for more than one year
or in multiple phases. NO, OR SMALL IMPACT MAY OCCUR
2. Impact on Geological Features: The proposed action may result in the modification or
destruction of, or inhibit access to, any unique or unusual land forms found on the site? (i.e.,
cliffs, dunes, minerals, fossils, caves). NO
3. Impacts on Surface Water: The proposed action may affect one or more wetlands or other
surface water bodies (e.g., streams, rivers, ponds or lakes). NO
4. Impact on Groundwater: The proposed action may result in new or additional use of
groundwater, or may have potential to introduce contaminants to the groundwater or an aquifer.
NO
5. Impact on Flooding: The proposed action may result in development of lands subject to
flooding. NO
6. Impacts on Air: The proposed action may include a state regulated air emission source. NO
7. Impact on Plants and Animals: The proposed action may result in loss of flora or fauna. NO
8. Impact on Agricultural Resources: The proposed action may impact agricultural resources.
NO
9. Impact on Aesthetic Resources: The land use of the proposed action are obviously different
from, or are in sharp contrast to, current land use patterns between the proposed project and a
scenic or aesthetic resource. NO
10. Impact on Historic and Archeological Resources: The proposed action may occur in or adjacent
to a historic or archaeological resource. NO
11. Impact on Open Space and Recreation: The proposed action may result in a loss of
recreational opportunities or a reduction of an open space resource as designated in an adopted
municipal open space plan. NO
12. Impact on Critical Environmental Areas: The proposed action may be located within or
adjacent to a critical environmental area (CEA). NO
13. Impact on Transportation: The proposed action may result in a change to the existing
transportation systems. NO
14. Impact on Energy: The proposed action may cause an increase in the use of any form of
energy. NO
15. Impact on Noise, Odor, and Light: The proposed action may result in an increase in noise,
odors, or outdoor lighting. NO
16. Impact on Human Health: The proposed action may have an impact on human health from
exposure to new or existing sources of contaminants. NO
Regular Town Board Meeting, 06-01-2020, MTG #18 671
17. Consistency with Community Plans: The proposed action is not consistent with adopted land
use plans. NO
18. Consistency with Community Character: The proposed project is inconsistent with the existing
community character. NO
TOWN COUNSEL SCHACHNER-Alright, you have completed Part 2 of the Full Environmental
Assessment Form, you’ve answered seventeen of the eighteen questions in the negative or no, you’ve
answered one question, namely question one in the affirmative as yes but found the only … to be no,
or small impact. That completes Part 2 of the Environmental Assessment Form and if you want to
move onto resolution, you can.
SUPERVISOR STROUGH-Okay, and in the resolution it already says that we are declaring a SEQRA
Negative Declaration.
TOWN COUNSEL SCHACHNER-That’s correct, the first resolved actually constitutes your
determination that the proposed legislation will not have any significant adverse environmental impact
and a SEQRA Negative Declaration is made.
COUNCILMAN FREER-So, I would just like to say that, for those who hear us use the term SEQRA
all the time and we’re used to it, it’s the State Environmental Quality Review Act. I just wanted to
point that out.
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION
AND ENACTING LOCAL LAW NO.: 6 OF 2020 TO AMEND
CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE
TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING DISTRICTS” AND
§179-4-090 “PARKING & LOADING REGULATIONS”
RESOLUTION NO.: 196, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the
addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and
subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and
WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department
and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and
following such recommendations, the Town Board reviews the applications and takes such other action as
it shall deem necessary and proper, and
WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town Clerk
to forward the Applicant’s Petition for Change of Zone Application to the Town Planning Board for report
and recommendation and to Warren County Planning Department for GML 239-m review, and
WHEREAS, the Town Planning Board reviewed such Application and submitted comments to staff
Regular Town Board Meeting, 06-01-2020, MTG #18 672
that were summarized and forwarded to the Town Board by staff on April 15, 2020, and
WHEREAS, the Warren County Planning Department responded on March 17, 2020 with a
determination of No County Impact, and
WHEREAS, the Town Board wishes to consider adoption Local Law No.: ___ of 2020 to amend
Chapter 179 “Zoning” of Queensbury Town Code to Revise §179-3-040 “Establishment of Zoning
Districts” and §179-4-090 “Parking & Loading Regulations” substantially in the form presented at this
meeting, hereinafter referred to as the “legislation,” and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public Hearing
prior to the adoption of any Local Law and the Town Board duly conducted a public hearing, heard all
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interested parties and closed the public hearing concerning the legislation on Monday, June 1, 2020, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the legislation, and
WHEREAS, the Town Board has considered the conditions and circumstances of the legislation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will
not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and
authorizes and directs the Town Clerk and/or Senior Planner to file and publish a SEQRA Negative
Declaration - Notice of Determination of Non-Significance with respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: __ of 2020, A Local Law to
Amend Chapter 179 “Zoning” of Queensbury Town Code to Revise §179-3-040 “Establishment of
Zoning Districts” and §179-4-090 “Parking & Loading Regulations,” substantially in the form presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of
this Resolution and a copy of the Local Law to the Town Planning Board, Town Zoning Board of Appeals,
Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D)
of the Town Zoning Law, and
BE IT FURTHER,
Regular Town Board Meeting, 06-01-2020, MTG #18 673
RESOLVED, that the Town Board hereby authorizes and directs the 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.
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Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
LOCAL LAW NO.: 6 OF 2020
A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY
TOWN CODE TO REVISE §179-3-040 “ESTABLISHMENT OF ZONING
DISTRICTS” AND §179-4-090 “PARKING & LOADING REGULATIONS”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY
AS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” §179-2-919 entitled "Definitions
and word usage," Section (C) is hereby amended to add two definitions as follows:
C. As used in this chapter or in the appendixes thereto, unless the context otherwise
requires, the following terms shall have the meanings indicated:
ANCHOR STORE – The major store or stores within a shopping center.
BACK LOT – A lot with no frontage on a public road.
SECTION 2. Queensbury Town Code Chapter 179, “Zoning,” §179-3-040 entitled
"Establishment of zoning districts," Section (B)(1) is hereby amended as follows:
§ 179-3-040. Establishment of zoning districts.
B. Commercial Districts.
(1) Enclosed Shopping Center ESC. The ESC District encompasses those areas
where shopping center development exists or is anticipated. The intent of this
district is to ensure that shopping center development, as well as compatible
commercial, mixed use and multifamily dwelling infill development, provides
safe access points, coherent and safe traffic patterns, efficient loading and
unloading, aesthetically pleasing shopping environments and safe pedestrian
circulation. This area of the Town formerly consisted, under the 2002 Zoning
Regular Town Board Meeting, 06-01-2020, MTG #18 674
Law, of the same district boundaries as are currently established herein but with
the zoning district designation of "ESC-25A."
(a) Uses allowed. The uses allowed in this district are set forth on Table 3 of
this chapter. Freestanding buildings are permitted in this district.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this chapter and as follows (Note that all are
minimum requirements except density and building height which are
maximum restrictions.):
\[1\] Minimum lot size: 2.5 acres per principle use/structure.
\[2\] Front yard setback: 40 feet. Buildings in excess of 40 feet in height
shall require a front setback of 100 feet or greater.
\[3\] Side yard setback: 30 feet.
\[4\] Rear yard setback: 30 feet.
\[5\] Shoreline/stream/wetland setback: 150 feet.
\[6\] Lot width: 500 feet.
\[7\] Road frontage: 75 feet.
\[8\] Water frontage: 200 feet.
\[9\] Building height: 70 feet. Buildings in excess of 40 feet in height
shall require a front setback of 100 feet or greater.
\[10\] Percent permeable: 20%.
\[11\] Percent landscaped: 15%.
\[12\] The maximum gross building residential area (total unit square
footage) shall be thirty-percent (30%) of the total building floor
area of all other commercial buildings within the ESC zoning
district.
Regular Town Board Meeting, 06-01-2020, MTG #18 675
(c) Development standards. The standards and requirements set forth in
Article 4 of this chapter shall apply to all uses in this district as well as
expansion, remodeling or change of use to existing structures and uses.
(d) Subdivisions Requirements. Back lots to be utilized for (1) Mall Anchor
Stores greater than 30,000 square feet each and (2) Multifamily Dwelling
may be subdivided without otherwise required setbacks or frontage on a
public road, provided that reciprocal access and parking easements
between separate parcels are recorded in the Warren County Clerk’s
Office.
SECTION 3. Queensbury Town Code Chapter 179, “Zoning,” §179-4-090 entitled "Parking &
Loading regulations," Sections (F) and (J) through (M) are hereby amended as follows:
§ 179-4-090. Parking & Loading regulations.
F. Off-street parking schedule. The off-street parking schedule is found on Table 5 which
follows. Parking requirements for uses not listed in this schedule shall be determined by the Planning
Board, which shall consider the requirements of the most similar use(s) in making its determination
Table 5: Parking Requirements
Use Minimum Number of Spaces
Enclosed Shopping Center 5 per 1,000 square feet of GLFA up to
150,000 square feet; 4.5 per 1,000 square feet
GLFA up to 500,000 square feet; 3.75 per
1,000 square feet of GLFA above 500,000
square feet
Multifamily house/dwelling 1.5 per unit. 1.25 parking spaces per unit in
the Enclosed Shopping Center (ESC) district.
J. Shared parking is permitted for all uses in the Enclosed Shopping Center zoning district
regardless of whether the uses are on a separate subdivided parcel.
K. All parking shall be lighted in accordance with the standards in § 179-6-020.
L. When a change in the intensity of use of any building or structure would increase the
required parking by 10 or more spaces, through an addition or change in the number of dwelling units,
gross floor area, gross leasable floor area, seating capacity, or other units of measurement specified
Regular Town Board Meeting, 06-01-2020, MTG #18 676
herein, the increment of additional required parking shall be provided in accordance with this section,
unless a waiver is granted by the Planning Board. If fewer than 10 spaces are required by a change or a
series of changes in use, the requirement for such space shall be waived.
M. Off-street loading
(1) Except as provided in Subsection L M(2), at least one off-street loading facility shall be
provided for each commercial or industrial establishment hereafter erected or
substantially altered to have a gross floor area in excess of 5,000 square feet, computed
as described below. Space for an off-street loading facility shall be in addition to space
for off-street parking.
(2) An enclosed shopping center shall provide two off-street loading spaces for each
department store tenant. The Planning Board will require additional centralized loading
facilities as may be reasonably necessary to service interior mall tenants, taking into
consideration interior service corridors, traffic and parking patterns and architectural
design.
(3) Each off-street loading facility shall be subject to the following minimum requirements:
(a) Each berth shall be not less than 12 feet wide, 40 feet long and, when covered, 14
feet in height.
(b) Off-street loading facilities located within 50 feet of a residential property shall
be shielded by walls, fencing or other suitable material which shall serve to screen
noise and uncontrolled entrances.
SECTION 4. Queensbury Town Code Chapter 179, “Zoning,” Attachment 1:1 entitled, “Table 1:
Table of Area Requirements," is hereby amended as attached.
SECTION 5. Queensbury Town Code Chapter 179, “Zoning,” Attachment 3:1 entitled, “Table 3:
Summary of Allowed Uses in Commercial Districts," is hereby amended as attached.
SECTION 6. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence, paragraph or part thereof.
SECTION 7. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with
any part of this Local Law are hereby repealed.
SECTION 8. This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State as provided in New York Municipal Home Rule Law §27.
1
IP
Note: Language in bold italics is ne a to be added; ii,
Language Id language to be deleted.
ZONING
179 Attachment 1
Town of Queensbury
Table 1:Table of Area Requirements
[Amended 1-28-2011 by L.L.No.2-2011;3-18-2013 by L.L.No.2-2013;12-16-2013 by L.L.No.7-2013;10-6-2014 by L.L.No.5-2014;4-18-2016 by L.L.No.3-2016;10-17-2016 by L.L.No.7-2016;
2-27-2017 by L.L.No.3-2017]
Minimum Minimum Setbacks Maximum
Building Floor
Minimum Lot Road Water Area for Merchandise Minimum Height Area
Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Display' Percent Proposed Ratio
District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet) (feet) (feet) (feet) Permeable (feet) (FAR) Notes
Land conservation LC-42A 42 - 400 400 — 400 210 100 100 100 200 95% 35
LC-10A 10 400 400 — 400 50 100 100 100 200 95% _ 35
Parkland recreation PR-42A 42 _ 400 400 800 800 210 100 100 100 150 90% _ 35
Rural residential RR-5A 5 400 400 — 200 25 100 75 100 75 75% 40/352
RR-3A 3 400 400 — 200 15 100 75 100 75 75% : 40/352
Waterfront WR 2 150 150 — 150 4 30 25,20,15, 30 50/759 75% 28' 0.22
residential 12:varies
with lot
width"'
Moderate-density MDR 2 or 1' 10025 100 — 100 2 30 30 75 50% 40/352
residential
Neighborhood NR 0.5 or 50 50 50 20 10/0' 15 50 35% 40/352
residential 10,000 sf'
Recreation RC 15,000 sf' 75 75 200 30 20 20 75 30% 35
commercial
Commercial CM 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
moderate sum 50
Commercial Cl 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
intensive
_ sum 50 _
Commercial CI-I8 1 150 50 200 NA NA 50-100" 20 minimum; 25u 75 30% 40-70" 30%landscaped
Intensive—Exit 18 sum 50"
Office 0 Nonresidential:0.5 acre per 250 75 80 75 25 25 75 35% 40 15%landscaped
7,000 square feet of floor area
Residential: 1 acre per 8
dwelling units
Neighborhood NC 1 acre per principal use or 50 50 100 75 40 20 15 75 30% 30
commercial structure
Main Street MS 50 50 75 40-100" 014 10 50 5%-10% 4016 5%landscaped"
varies with
lot size"
Commercial Light CLI 1 acre per principal use or 200 100 200 200 50 30 30 75 30% 60 40,000 square feet
Industrial structure Total building size
cap for retail use
, • i • only
J
V.
179 Attachment 1:1 as-of-2017
.11
Language w�."n� language to be deleted.
QUEENSBURY E
Minimum Minimum Setbacks Maximum
Minimum Lot Road Water Area for MinimumtHeight Floorre
Merchandise Percent Height Area
Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Display' Permeabl Proposed Ratio
District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet) (feet
)) (feet) (feet) e (feet) (FAR) Notes
Light Industrial LI-VF 1 200 200 NA 50 20 20 75 30% 35 0.3
Veteran's Field
Heavy industry HI 3 acres minimum per principal 300 300 400 200 NA 100 50 50 200 30% 50
use or structure
Enclosed shopping ESC 2.5 Maximum residential density as per 500 75 200 NA 402' 3021 302' 15021 20% 70'9 15%minimum
center §178-3-040(B)(1)(b)(11)7e landscaped
NOTES:
' Minimum lot widths require compliance with access management requirements for shared driveways or double lot width.
2 Thirty-five-foot building height applies within the Adirondack Park.
2 Two acres of land per residential unit if not connected to public sewer and water systems;one acre of land per residential unit if connected to public water and sewer systems.
° Five-tenths acre of land per residential unit if not connected to public sewer and water systems; 10,000 square feet of land per residential unit if connected to public sewer and water systems.
S Ten feet if buildings not connected or zero if connected.
6 With a minimum of 15,000 square feet of land per 2,000 square feet of floor area.
' Setback from the edge of pavement.
' Accessory structures shall have a maximum height of 16 feet.
' Seventy-five-foot setback applies to lands in the Rural Use classification in the Adirondack Park.See Zoning Map.
10 See§179-3-040A(5)(b)[3].
11 A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of 40 feet otherwise allowed.See§ 179-3040B(8)(b)[2]and[9].
13 See§§ i79-3-040B(5)(b)[2],179-3-040B(5)(b)[9],and 179-7-070A(1)(c).
H Buildings shall occupy a minimum of 60%of the build-to lot width as measured by the building facade width divided by the build-to lot width.See§ 179-3-040B(5)(b)[3].
IS §§ 179-3-040B(5)(b)[10)and 179-3-040B(5)(b)[11].
16 See§ 179-3-040B(5)(b)[9].
" See§ 179-3-040B(5)(b)[11].
" Parcels adjacent to residential uses shall require a minimum fifty-foot setback which shall include at least a twenty-five-foot vegetated buffer.
'' Buildings in excess of 40 feet in height shall have a front setback of 100 feet or greater.
10 The maximum gross building residential area(total unit square footage)shalt be thirty percent(30%)of the total building floor area of all other commercial buildings within the ESC zoning district. See§1 79-3-040(B)(1)(b)(1 2).
2' Back lots to be utilized for(1)Mall Anchor Stores greater than 30,000 square feet each and(2)Multifamily Dwelling may be subdivided without otherwise required setbacks orfrontage on a public road See.§179-3-040(B)(1)(d).
+.� 179 Attachment 1:2 05-01-2017
'rQ
J
Note: Language in bold s S
new language to be added;
Language is old language to be deleted.
179 Attachment 3
Town of Queensbury
Table 3: Summary of Allowed Uses in Commercial Districts
[Amended 4-19-2010 by L.L. No. 7-2010; 1-28-2011 by L.L. No.2-2011;4-1-2013 by L.L. No.3-2013;
12-16-2013 by L.L. No.7-2013; 7-21-2014 by L.L.No.2-2014; 10-6-2014 by L.L. No.5-2014; 9-14-2015 by L.L.No.5-2015; 4-18-2016 by L.L. No.
3-2016; 10-17-2016 by L.L. No.7-20161
KEY
AU = Accessory Use
PU = Permitted Use
SPR = Site Plan Review Use
SUP = Special Use Permit Required
Blank = Not Permitted
Enclosed
Commercial Commercial Commercial Shopping Main Neighborhood Recreation
Commercial Use Table Moderate Intensive Intensive-Exit 18 Center Street'" Commercial Office Commercial
CM CI CI-18 ESC MS NC 0 RC
<600 feet >600 feet
from arterial from arterial
Amusement center SUP SUP SPR SPR
Apartment house SPRts1
Apartment house/condos SPR"' , SPIV'
Apartment house above SPRM
first floor
Apartment house/condos SPR SPIV')
above first floor
Auto body/repair shop SPR
Automobile service SPR SPR SPR
Automotive sales and SPR SPR SPR
service
Bank SPR SPR SUP SPR SPR SPR SPR SPR
Business service SPR SPR SUP SPR SPR SPR SPR SPR
Campground SPR
Car wash SPR SPR _
Cemetery SPR
179 Attachment 3:1 12-01-2016 "1
6'
• •
Note: Language in bold new language to be added;
Language is old language to be deleted.
Enclosed
Commercial Commercial Commercial Shopping Main Neighborhood Recreation
Commercial Use Table Moderate Intensive Intensive-Exit 18 Center Street"' Commercial Office Commercial
CM CI CI-18 ESC _ MS NC 0 RC
<600 feet >600 feet
from arterial from arterial
Commercial boat SPR SPR
sales/service/storage _
Convenience store SPR SPR SUP SPR SPR SPR SPR SPR
-
Convention,sports or SPR SUP SUP SPR SPR SPR SPR
exhibit center
Day-care center SPR SPR SPR SPR SPR SPR SPR
Drive-in theater SPR
Enclosed shopping center SUP
Fast-food establishment SPR SUP SPR SUP 1
Firing range,indoor SUP
Food service SPR SPR SUP SPR SPR SUP AU AU SPR
Funeral home SPR SPR
Gallery SPR SPR - SPR SPR SPR SPR
Golf course SPR SPR
Golf driving range SUP SUP
Health-related facility SPR SPR SUP - SPR SPR SPR SPR
Kennel SUP SPR
Library SPR SPR
Limousine service SPR
-Microbrewery SPR SUP SPR SPR
Live theater SPR SUP - SPR SPR
Mineral extraction SUP
Mobile home sales SPR
Motel SPR SPR SUP SUP SPR _
Movie theater SPR SPR SUR SPR SPR
Multifamily SPR') SPR2
house/condos
Municipal center SPR SPR
Museum SPR - SPR SPR SPR
Nightclub SUP SUP SPR SUP _
Nursery SPR SPR
Office, large'" SPR SPR SUP SPR SUP SPRY) SPR")
Office,small SPR SPR SUP SPR SPR SPR SPR SPR
Outdoor concert events SUP SPR SUP
Paintball facility SUP
./ 179 Attachment 3:2 12-01-2016
..9
Language is old language to be deleted.
• .
QUEENSBURY CODE
Enclosed
Commercial Commercial Commercial Shopping Main Neighborhood Recreation
Commercial Use Table Moderate Intensive Intensive-Exit 18 Center Street" Commercial Office Commercial
CM CI CI-18 ESC L MS NC 0 RC
<600 feet >600 feet
from arterial from arterial
Parking lot SPR SPR SUP SPR
Parking structure SUP SUP SUP SUP SPR SPR SPR
Personal service SPR SPR SPR SPR SPR AU AU
Place of worship SPR SPR SPR SPR SPR SPR
Playground SPR SPR SPR
Produce stand SPR SPR SPR SPR SPR SPR
Public or semipublic SPR SPR SUP SPR SPR SPR SPR SPR
building
Recreation center _ SUP SPR
Retail SPR SPR SUP SPR SPR SPR AU AU
School _ SPR SPR _ SPR SPR SPR SPR
Self-storage facility SUP SPR
Shopping mall/plaza - SPR SPR SUP SPR
Single-family dwelling _ _ SPRY', SPR
Ski center SPR
Storage facility,interior _ SPR SUP
Tavern SUP SUP SPR SUP
TV or radio station SPR SPR SPR
Veterinary clinic SPR SPR SPR SUP SUP
NOTES:
(I) Large offices are prohibited in the Gurney Lane Office district.
(2) No residential uses shall be allowed less than 600 feet of Bay Road.See§ 179-3-040B(2).
(3) All single-story uses and buildings setback beyond 40 feet require a special use permit.
(4) Residential uses,including single-family dwellings,duplexes or two-family dwelling,multiple-family dwellings,and townhouse are not allowed within 250 feet of the
centerline of Main Street. Beyond 250 feet they are allowed with site plan review.
(5) The maximum gross building residential area(total unit square footage)shall be thirty percent(30%)of the total building floor area of all other commercial buildings
within the ESC zoning district. See§178-3-040(B)(1)(b)(12).
179 Attachment 3:3 12-01-2016 V
a-
In
Regular Town Board Meeting, 06-01-2020, MTG #18 677
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES)
NO PUBLIC COMMENT via in-person, YouTube or by Zoom.
4.0 RESOLUTIONS
COUNCILMAN METIVIER requested to have resolution 4.2 pulled for a roll call vote.
RESOLUTION AUTHORIZING CONTRACTS FOR EMPLOYEE GROUP
HEALTH AND DENTAL INSURANCE PLANS WITH
EMPIRE BLUE CROSS BLUE SHIELD EFFECTIVE
STTH
JULY 1, 2020 – JUNE 30, 2021
RESOLUTION NO.: 197, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury previously entered into agreements for employee group
health insurance plans with Empire Blue Cross Blue Shield, and
WHEREAS, the Town Board, in conjunction with Upstate Agency, LLC, has negotiated renewal
contracts for the employee group health insurance plans as well as a new contract for an employee dental
stth
insurance plan with Empire Blue Cross Blue Shield for July 1, 2020 through June 30, 2021,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts
for employee group health insurance plans and a contract for an employee dental insurance plan for July
stth
1, 2020 through June 30, 2021 with Empire Blue Cross Blue Shield with the monthly premiums to be
as follows:
INDIVIDUAL FAMILY
961.68 2809.38
PPO
887.30 2592.06
EPO
32.77 79.02
DENTAL
and
BE IT FURTHER,
RESOLVED, that in the event that surcharges or fees are mandated or imposed on the Town’s
health and/or dental insurance policies that are beyond the Town’s control, resulting rate changes may
be passed on to all employees without further Town Board Resolution, although the Town will provide
notice of any such rate changes to all employees and retirees, and
Regular Town Board Meeting, 06-01-2020, MTG #18 678
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other
and further action necessary to effectuate the terms of this Resolution.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Ferone, Mr. Strough, Mr. Freer
NOES : None
ABSENT: None
ABSTAIN: Mr. Metivier
RESOLUTION TO SUPPORT THAT FEDERAL FUNDING RELATED TO
COVID-19 PANDEMIC BE DIRECTED TO ALL MUNICIPALITIES
REGARDLESS OF POPULATION SIZE
RESOLUTION NO.: 198, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the federal government recently enacted the Coronavirus Aid, Relief and Economic
Security (CARES) Act to address the economic fallout from the COVID-19 Pandemic in the United
States, and
WHEREAS, Section 601 of the CARES Act (P.L. 116-136) provides a $150 billion fund for
states, tribal governments and units of local government with a population in excess of 500,000 people,
and
WHEREAS, less than one-half of one percent of municipalities in the entire United States meet
this population threshold and are thus ineligible to receive direct funding from the federal government,
and
WHEREAS, of the 933 towns in New York State, 931 are ineligible for direct federal funding
under the CARES Act, including the Town of Queensbury, and
WHEREAS, towns provide essential services to the 9 million New Yorkers and Town residents
including, but not limited to, ambulance, police and fire protection services, building and code
enforcement and highway maintenance, and have continued to do so throughout the ongoing health
crisis, and
Regular Town Board Meeting, 06-01-2020, MTG #18 679
WHEREAS, the COVID-19 Pandemic has created significant financial stress for local
governments in New York State as an estimated $2 billion in sales tax revenue has been lost, as well as
other sources of revenue such as permit fees, justice court fines and mortgage recording tax, and
WHEREAS, the depletion of different revenue sources for local governments, combined with
lack of funding, will result in reducing essential services or shifting the costs onto real property
taxpayers, many of whom are experiencing their own financial stress,
NOW, THEREFORE, BE IT
RESOLVED that the Queensbury Town Board hereby calls upon its United States Congressional
Representative Elise Stefanik, Senator Kirsten Gillibrand and Senator Charles Schumer, to support
federal funding related to the COVID-19 Pandemic to be directly delivered to all municipalities,
regardless of population size, including the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send certified
copies of this Resolution to Congresswoman Elise Stefanik, Senator Kirsten Gillibrand and Senator
Charles Schumer and take such other and further actions as may be necessary to effectuate the terms of this
Resolution.
st
Duly adopted this 1 day of June, 2020 by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENT
FOR PROVISION OF WATER SERVICES BETWEEN
TOWN OF QUEENSBURY AND PAUL AND NORA FRITSCH
RESOLUTION NO.: 199, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water
District (Water District) and the Queensbury Water Treatment Plant, and
WHEREAS, Paul and Nora Fritsch have requested water service from the Water District for their
lot located at 59 Eagan Road in the Town of Queensbury (Tax Map No.: 316.5-1-13) although the property
is located directly adjacent and outside of the Water District, and
Regular Town Board Meeting, 06-01-2020, MTG #18 680
WHEREAS, the Town of Queensbury’s past practice is to grant water service to residents outside
of the Water District until the next time that the Water District is extended, at which time the residents’
properties will become part of the Consolidated Water District, and
WHEREAS, the Water Superintendent has recommended that the Town Board authorize an
Agreement for the supply of water to Paul and Nora Fritsch in accordance with Town Law §198(3)(b),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the
Queensbury Consolidated Water District’s Water Treatment Plant to Paul and Nora Fritsch for their lot
located at 59 Eagan Road in the Town of Queensbury (Tax Map No.: 316.5-1-13) contingent upon Paul
and Nora Fritsch signing an Out-of-District Agreement, such Agreement to be in form approved by the
Town Water Superintendent and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent to make
all necessary arrangements, including collecting the $100 capital buy-in fee and other applicable soft costs
from Paul and Nora Fritsch, and executing and delivering the Agreement and documents for the supply of
water in accordance with Town Law §198(3)(b), to effectuate the terms of this Resolution and connections
authorized herein.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASES FILED BY WAL-MART
RESOLUTION NO.: 200, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Wal-Mart (“Petitioner”), filed Article 7 Real Property Assessment Review cases
against the Town of Queensbury challenging the 2017 through 2019 assessments on real property located
at 891 Route 9, Queensbury, New York (Tax Map Parcel # 296.17-1-36), and
WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that
Regular Town Board Meeting, 06-01-2020, MTG #18 681
would result if the litigation continues and goes to trial, and
WHEREAS, the Town Assessor now recommends proposed settlement terms which have been
negotiated with Petitioner, and
WHEREAS, the School District is expected to approve the proposed settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the tax
assessment cases filed by Wal-Mart as follows:
1) The 2017, 2018 and 2019 Proceedings shall be discontinued without reduction of the
assessments or refunds.
2) The assessed value for Tax Map Parcel # 296.17-1-36 shall be fixed at $11,850,000 for
the 2020, 2021, 2022 and 2023 assessment rolls and will remain fixed in the event of a
Town-wide revaluation.
and
BE IT FURTHER,
RESOLVED, that approval of this settlement agreement is contingent upon Town Counsel’s review
and approval of the Stipulation and Order; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any additional steps
necessary to effectuate the proposed settlement in accordance with the terms of this Resolution.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION TO ENFORCE CODE AGAINST
NON-COMPLIANT PROPERTY LOCATED AT 32 HOMER AVENUE
Regular Town Board Meeting, 06-01-2020, MTG #18 682
RESOLUTION NO.: 201, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, a fire occurred at a structure on property located at 32 Homer Avenue in the Town of
Queensbury, identified as tax map no.: 302.8-1-31 (the “Property”), on or about July 14, 2019, and
WHEREAS, Judy Pontiff is believed to be the owner of the Property, and
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (“Director”)
has viewed the structure that was damaged by the fire and has found that there is no roof on the structure
thereby leading to its further destruction and decay and presenting a hazard to anyone who should enter the
Property and the public, and the structure is generally in disrepair, unusable and unsafe, and
WHEREAS, the Director reports that he has provided letters dated August 7, 2019 and October 28,
2019 and communicated several times with Ms. Pontiff but despite the Director’s reasonable efforts to bring
about voluntary compliance, Ms. Pontiff has not adequately secured the Property, brought it into compliance
with Town and State Code provisions or taken any measures to bring about compliance, and
WHEREAS, the Property remains in an unsafe and unsecured condition, posing an imminent danger
to the health and safety of the public,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme
Court Action to temporarily and permanently compel compliance with any and all applicable Town Code
and State Code provisions together with a request for costs and expenses associated with litigation, and
BE IT FURTHER
RESOLVED, that the Supreme Court Action may be commenced against any and all persons having
any legal interest in the Property and have any legal obligation to keep the Property in a safe and lawful
condition including, but not necessarily limited to Judy Pontiff as well as any party believed by Town
Counsel to be necessary for full resolution of this matter, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to
arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed
Regular Town Board Meeting, 06-01-2020, MTG #18 683
to be appropriate by the Budget Officer, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any
necessary documentation to commence such Court action and the Town Supervisor, Town Counsel,
Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action
necessary to effectuate all terms of this Resolution.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF 1) 2021 MODEL HV507
INTERNATIONAL 4X4 SINGLE AXLE CAB & CHASSIS AND
2) 2021 MODEL HV513 INTERNATIONAL TANDEM 6X4 CAB & CHASSIS
WITH PLOWS AND SPREADERS FOR HIGHWAY DEPARTMENT
RESOLUTION NO.: 202, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision
in New York State to “piggyback” off an existing County Bid, and
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to purchase a:
1) 2021 International Model HV507 4x4 Single Axle Cab & Chassis and Front Plow and Wing
With Spreader for the total price of $219,238.71 to replace a 2002 International Single Axle
Plow Truck with engine failure that was sold; and
2) 2021 International Model HV513 6x4 Tandem Cab & Chassis and Front Plow and Wing
With Spreader for the total price of $243,953.92 to replace a 1998 International Tandem
Plow Truck with 173,000 miles that would not pass inspection and was sold;
by the Town of Queensbury “piggybacking” with Onondaga County Bid #8996, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements,
Regular Town Board Meeting, 06-01-2020, MTG #18 684
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway
Superintendent’s purchase of a:
1. 2021 International Model HV507 4x4 Single Axle Cab & Chassis from H.L. Gage Sales,
Inc., in accordance with its April 20, 2020 Sales Proposal presented at this meeting -
$119,349.71; Front Plow with Wing and Spreader from Zwack, Inc., in accordance with its
4/17/2020 Quote #: 20073A presented at this meeting - $99,889; for a TOTAL
PURCHASE AMOUNT OF: $219,238.71; and a
2. 2021 International Model HV513 6x4 Tandem Cab & Chassis to be purchased from H.L.
Gage Sales, Inc., in accordance with its April 14, 2020 Sales Proposal presented at this
meeting - $131,528.92; Front Plow with Wing and Spreader from Zwack, Inc., in
accordance with its 3/07/2020 Quote #20074 presented at this meeting - $112,425; for a
TOTAL PURCHASE AMOUNT OF: $243,953.92;
by the Town of Queensbury “piggybacking” with Onondaga County Bid #8996, to be paid for from
Heavy Equipment Account No.: 004-5130-2040, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such purchases
shall be by a transfer of $463,192.63 from the Highway Department’s undesignated, unassigned Fund
Balance Account No.: 004-0000-0909 to Heavy Equipment Account No.: 004-5130-2040 and the Town
Budget Officer shall amend the 2020 Town Budget, make any adjustments, budget amendments,
transfers or prepare any documentation necessary to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway
Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
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Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
ST
WARRANT OF JUNE 1, 2020
Regular Town Board Meeting, 06-01-2020, MTG #18 685
RESOLUTION NO.: 203, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
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with a run date of May 28, 2020 and a payment date of June 2, 2020,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as a
thnd
Warrant with a run date of May 28, 2020 and a payment date of June 2, 2020 totaling $846,293.07, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION RATIFYING ADOPTION OF REVISED
TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN
RESOLUTION NO.: 204, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019
(COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic
Response Plan (Plan) to deal with this emergency situation, and
WHEREAS, by Resolution No.: 123,2020, the Town Board authorized adoption of its Plan and
authorized the Town Supervisor to make modifications as he determined necessary as further
information became known, with the Town Board to later have the ability to approve or disapprove an
updated, revised Plan, and
Regular Town Board Meeting, 06-01-2020, MTG #18 686
WHEREAS, by Resolution Nos: 133, 147, 157, 178 and 192 of 2020, the Town Board authorized
and ratified adoption of the COVID-19 Pandemic Response Plan (Plan) as further revised, and
WHEREAS, certain modifications have been made since the Plan was last adopted and revised
and the Town Board wishes to consider the Plan as further revised and presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies adoption of the
COVID-19 Pandemic Response Plan (Plan) as revised and substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to continue making
modifications to the Plan as he determines that in his discretion are necessary as the situation changes
and further information becomes known, with the Town Board to later have the ability to approve or
disapprove a further revised Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency
Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities Manager
to take any and all actions necessary to effectuate the terms of this Resolution and the Plan, as it may be
amended.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING FOURTH AMENDMENT TO
INTERMUNICIPAL AGREEMENT BETWEEN QUEENSBURY TOWN BOARD
ON BEHALF OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND
TOWN OF MOREAU
RESOLUTION NO.: 205, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
Regular Town Board Meeting, 06-01-2020, MTG #18 687
WHEREAS, by Resolution No.: 492, 98 the Queensbury Town Board entered into an
Intermunicipal Agreement with the Town of Moreau for the sale of water, and
WHEREAS, by Resolution No.’s: 78, 146 and 340 of 2000, the Town Board approved amendments
to the Intermunicipal Agreement to extend the termination date in the Agreement, and
WHEREAS, by Resolution No.: 291,2013, the Town Board authorized a Third Amendment to
Intermunicipal Agreement with the Town of Moreau regarding the provision of temporary assistance to
South Glens Falls, and
WHEREAS, the Village of South Glens Falls is again experiencing difficulty in obtaining sufficient
water for its residents and is developing a water source to provide additional water, and
WHEREAS, the Towns of Queensbury and Moreau wish to provide temporary assistance to South
Glens Falls and accordingly amend their Intermunicipal Agreement to enable Moreau to temporarily
increase its Reserved Capacity in order to temporarily sell water to the Village of South Glens Falls, and
WHEREAS, the Town Board has determined that such an Agreement would be in the best interests
of the Town, its residents, and its Consolidated Water District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of a Fourth Amendment to
Intermunicipal Agreement with the Town of Moreau to provide emergency water to South Glens Falls at a
cost of $2.02 per 1,000 gallons, to be substantially in a form acceptable to the Town Supervisor, Town
Water Superintendent and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute
the Fourth Amendment to Intermunicipal Agreement and the Town Supervisor, Town Budget Officer,
Town Water Superintendent and/or Town Counsel to take such other and further actions necessary to
effectuate the terms of this Resolution.
st
Duly adopted this 1 day of June, 2020, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
5.0 CORRESPONDENCE – NONE
6.0 PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES)
Regular Town Board Meeting, 06-01-2020, MTG #18 688
ROBERT WILLIMAS, 55 Country Club Road-Spoke regarding the issues the neighborhood has
experienced with the residents from the Cottage Hill Apartments located directly behind their property. A
previous owner put in a bridge back in the field for his use of his four-wheeler, where the Sullivan’s live
now and that seems to be their access. They are trespassing on our property, breaking into our vehicles at
night and threatening our safety. Would like to see a fence put up behind Cottage hill between the properties.
Filed statement/petition with 17 signatures. (On file in the Town Clerk’s Office)
SARA SULLIVAN, 47 Country Club Road-Spoke regarding the issues behind her property with residents
of Cottage Hill Apartments. Noted there is a substantial path behind my property and several times there
has been problems, at least 12 times I have confronted people coming through and they laugh at me. These
are generally people who are 25 and older who should know better than to trespass. I have young children
who should be able to play in their backyard. I did call Schermerhorn’s Office and visit the rental office at
the Cottage Hill Apartments where the woman in the office basically laughed me away. I did get a number
for his main office and left several messages to take down the bridge, hoping that it would deter those but I
feel a fence would be the best resolution.
SUPERVISOR STROUGH requested contact number and will follow up.
DAVE DUELL, Highway Superintendent-Thanked the Town Board for their continued support and
recognition of the department’s needs to continue to update our vehicle fleet.
SUPERVISOR STROUGH-Would like to thank you and your crew for their efforts of the cleanup from the
Tornado devastation for those residents in Hudson Pointe.
YouTube (no call-ins from the public)
Zoom call-ins
TIM MCNULTY-Would like to applaud the Town Board’s efforts to fulfill transparency and reach out to
constituents for their input and concerns via YouTube and Zoom. Questioned the status of filling the Ward
4 seat?
th
SUPERVISOR STROUGH-We are considering doing the interviews on June 17 and I will send an email
tomorrow to see about everyone’s availability.
BRADY STARK-I am one of the interested parties for the Ward 4 seat. In relation to Tim McNulty’s
question, will the interviews be conducted publicly or in Executive Session?
SUPERVISOR STROUGH-Noted that the consensus of the Town Board is that it should be done privately
due to fairness.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN HARRISON FREER - WARD II
Noted that the majority of the Town Board has agreed to the Executive Session Interviews.
Thanked the Warren County folks for becoming a climate smart community. I wish Queensbury
was a climate smart community. We are not certified yet but we are on the agenda to get it done,
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we are meeting June 4 and will get that bronze certification and then work on a silver.
COUNCILMAN GEORGE FERONE - WARD III
In reference to the interviews, I relinquished to the will of the Board. I was in favor of having
the interviews in an open meeting.
Commended the Highway Department and the Highway Superintendent on the great work
they’ve done with maintaining their fleet. Replacing a 22 year old vehicle is very commendable.
Thanked the community for their support of the Glens Falls Hospital. The people on the frontline
continue to serve the public.
COUNCILMAN ANTHONY METIVIER - WARD I
Regular Town Board Meeting, 06-01-2020, MTG #18 689
Would like to also commend Dave Duell and the Highway Department on a great job done cleaning
up the debris from the Tornado that hit the Hudson Pointe development.
SUPERVISOR STROUGH
(shared some of the public notices throughout meeting while waiting for call-ins)
Announced that Warren County Employee and Training Administration will provide guidance to
help sustain businesses through and beyond COVID-19. Call Lisa at 518-338-4315, she will help
connect those with the right resources.
Noted that the Lake Champlain/Lake George Regional Planning Board has announced the
COVID-19 Business Interpretation Micro Loan Plan. For details one can call Andrea Palmer.
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Noted that Local Law Number 4 was filed with New York State on May 21 and that the Town
now has a local law on short term rentals.
Announced the Town’s recent hanging of Queen Charlotte’s portrait in the Queensbury Town
Office Building. Charlotte was the wife of King George, III and the Town of Queensbury, which
was founded in 1762 was named in her honor.
rd
Announced that Phase II starts Wednesday June 3. The website forward.ny.gov it will tell you
everything you need to know about phasing in.
Noted that the Town of Queensbury is doing great with the census, 72.2 percent have completed
their census paperwork and I want to thank the residents of Queensbury for doing their duty.
Announced that the Warren County Economic Development Corporation will assist businesses
with various loan opportunities and also provide information with the Phase II reopening.
Thanked the Post Star for recognizing and publishing the Memorial Day Posters. Although sadly
the Memorial Day event was canceled, these were already prepared and it was great they could be
shared.
Thanked Look TV, Pepe Productions, Town Clerk, Town Board, Town Counsel and all who
attended the meeting this evening.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 206, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
st
Duly adopted this 1 day of June 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
No further action taken.
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY