09-28-2020 MTG #29
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 95
REGULAR TOWN BOARD MEETING MTG #29
September 28, 2020 RES #311-328
7:03 P.M. BOH 44-47
LL #9
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILWOMAN AMANDA MAGEE
TOWN COUNSEL
ROBERT HAFNER, ESQ.
PRESS
LOOK TV
PEPE PRODUCTIONS
POST STAR (REMOTE)
SUPERVISOR STROUGH called meeting to order…
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN F. STROUGH, III
PRESENTATIONS:
Fund for Lake George: Establishing a Scalable Pilot Project for the Lake George Region to Identify
and Stop Hemlock Woolly Adelgid (HWA) by Eric Siy, Executive Director for Fund for Lake George
and Zack Simek, Conservation and GIS Analyst for The Nature Conservancy
Catholic Charities: Federal SNAP (Supplemental Nutrition Assistance Program) and other
program/services for Ben Driscoll, Nutrition Outreach and Education Program Coordinator
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 311, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters into the Queensbury Board of Health.
TH
Duly adopted this 28 day of September 2020 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough
NOES: None
ABSENT: None
PUBLIC HEARING- KEITH AND SARAH BARTON’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 96
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Okay, Keith and Sarah Barton who live at 120 Sunnyside North want to
install a septic system. With certain components, they’re going to need variances from the Town Code.
They are requesting four variances. They goes as follows:
1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway;
2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback;
3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and
4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback.
This is for property at 120 Sunnyside North, owned by Keith and Sarah Barton. I see we have an agent
for the applicant. If you will introduce yourself and expand on what I said, I’d welcome that.
TOM HUTCHINS, HUTCHINS ENGINEERING- Here on behalf of Keith and Sarah Barton who are
here with us tonight, as well. The Barton’s have owned this property for 40 years or thereabouts.
Historically, there has been a mobile home on this property that was very close to the road. In fact, a
portion of it was over the right-of-way, the right-of-way bounds and that had been there since the
1960’s. That home has been removed. It hadn’t been used in some years and was dilapidated. I don’t
know if you remember it, but it looked like this (shared picture of mobile home to Board Members). It
was a pink mobile home. It was past its useful life. What they’d like to do is construct a small residence
on this parcel. The parcel is somewhat constrained being on the lake and there are neighboring water
supplies. The location we have chosen for this wastewater system maintains setbacks to all water
supplies, neighboring as well as the shoreline and stays away from a decent slope that goes down
towards the shore. It is located beneath the driveway and that’s the quest of the variances we’re
requesting. We’ve shown an H-20 rated infiltrator chamber system, which is built to be installed in
traffic areas. I think this Board has seen that system before. The other variance we are asking for is
property line setbacks because it is a somewhat narrow parcel and where we have it is what we feel is
the best technical place for this system on the parcel. We’ll be, assuming we’re successful in this
variance request, we’ll be going before the Planning Board and perhaps the Zoning Board for the
residence itself. With that, I turn it over to the Board to answer any questions.
SUPERVISOR STROUGH- Okay, thank you. Questions from the Board?
COUNCILMAN FERONE- I was there today. I took a look at the property. I had a picture from the
Town’s website so I did see that there was a mobile home there, which there is a big hole where the
mobile home was.
MR. HUTCHINS, AGENT- Yes.
COUNCILMAN FERONE- And I assume that’s approximately where that new septic system is going to
go, right there.
MR. HUTCHINS, AGENT- Yes, a little further back off the road.
COUNCILMAN FERONE- Okay, alright, but again, extremely narrow piece of property there. There’s
not much you can do. I like the fact that you’re trying to keep it as far away from the lake as possible so
it’s up at the top of the hill next to the road. I didn’t see much problem with it.
SUPERVISOR STROUGH- Okay. Alright, Tom I may call you back. I’m going to open the public
hearing. The public may have some questions and we may need you to answer those questions, if you
don’t mind. Thank you for wiping the desk and microphone. I’m going to ask all people that come
forward to please clean it upon your departure. Thank you. The cleaning wipes are there in the podium.
Alright, I will open the public hearing on this Resolution to consider the variances being requested by
Keith and Sarah Barton tonight for 120 Sunnyside North. Is there anybody here that would like to speak
to this application for variances? Is there anybody on Zoom? And if there is anybody who is watching us
on YouTube, please call (518) 761-8225. I think you’ve got it on the YouTube. I’ve got my phone here.
You need to have a caller ID. I will not accept generic names. It has to be your name. I will accept that.
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 97
So the public hearing is open. Alright, appearing to have no public interest in saying anything further,
are there any additional questions to ask of the applicant’s agent, Tom Hutchins?
COUNCILMAN FERONE- Yes, I just have one other question.
SUPERVISOR STROUGH- Tom, could you…
COUNCILMAN FERONE- There was no other pre-existing system here? There was nothing that…
MR. HUTCHINS, AGENT- Yeah, it was just on the lake side of where the mobile home was, up on the
high ground. So almost underneath it.
COUNCILMAN FERONE- And that’s gone now?
MR. HUTCHINS, AGENT- Yes, that will be dug out.
COUNCILMAN FERONE- Okay, thank you.
SUPERVISOR STROUGH- Okay, no further questions, how about a resolution to approve.
DEPUTY TOWN CLERK, MELLON- Close the public hearing.
COUNCILMAN METIVIER- Close the public hearing.
SUPERVISOR STROUGH- I’ll close the public hearing, thank you Rose.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING KEITH AND SARAH BARTON’S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 44, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
WHEREAS, Keith and Sarah Barton (Applicants) filed an application for variances from provisions
of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a septic system with
certain components to be located on their property as follows:
1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway;
2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback;
3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and
4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback;
on property located at 120 Sunnyside North in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official
newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests
th
on Monday, September 28, 2020, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 98
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 Keith and Sarah
Barton for variances from the Sewage Disposal Ordinance to install a septic system with certain components
to be located on their property as follows:
1. Infiltrator H-20 Chamber absorption system to be located beneath the driveway;
2. Absorption field to be 1.5’ from the property line instead of the required 10’ setback;
3. Septic tank to be 3.5’ from the property line instead of the required 10’ setback; and
4. Distribution box to be 1.5’ from the property line instead of the required 10’ setback;
on property located at 120 Sunnyside North in the Town of Queensbury and bearing Tax Map No: 279.17-
2-11.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
PUBLIC HEARING- JAMES BRODA’S APPLICATION FOR SANITARY SEWAGE DISPOSAL
VARIANCES
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Okay, James Broda owns the residence at 136 Cleverdale Road. They have
filed an application for variances from provisions of the Town of Queensbury on-site sewage disposal
ordinance Chapter 136 to maintain a pre-existing, non-conforming septic system with the placement of the
leaching system. So what they’re asking for the leaching system is that it be 65 foot from the well in lieu of
the required 100 foot setback, and the second variance that they are requesting is 10 foot from the dwelling
instead of the required 20 foot setback. So we have a public hearing on that. Is there an agent that wishes or
the owners that wish to speak to this application? Please come forward and identify yourself.
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 99
MORGAN GAZETOS- Agent for James Broda.
SUPERVISOR STROUGH- Alright, Mr. Gazetos, would you elaborate and tell us a little bit more about
this system?
MR. GAZETOS- I don’t know if you had a chance, Supervisor, to read my letter that I accompanied with
the variance application; but it’s kind of an interesting story.
SUPERVISOR STROUGH- Yeah.
MR. GAZETOS- I’ve come before a couple of Boards…zoning or for…but this is the one occasion for
myself…and it’s interesting because this is the one time I couldn’t find a solution to the problem by
changing anything. So, my friends the Broda’s acquired this house from the… I conned them into letting
me get into contract for it because of the … and the funniest thing about this is anywhere I go different with
that septic system, I encroach on the distance to the neighbors lot; and if not I only bring it closer to my own
lot. So, it’s funny how the minimum variance is the existing. Mr. Baroda still owns it, he let me start
working on it before I acquired it so we were doing the siding and the windows in the wintertime. My guy
John is pushing in the bathroom window to me, we were going to re-trim it and I put my boot through the
bathroom floor. I mean, knee deep through the bathroom floor. So the whole reason I’m here before you
because it passed through the transfer in September, but the house is unusable because I can’t put the
bathroom back together. So, I’m not changing floor size, bedroom count, nothing and the bathroom is
maybe eight by six. I guess the way the tub was, it comes down partially under a slab, the water would run
along the joist and just eat that one spot in from of the window and through I went. We were cleaning up
later and here comes Dave Hatin who said, you’re going to need a permit for that. I thought, oh no big deal,
a bathroom floor, right. How bad can this be? Thanks to COVID and all of that, here I am. It’s a never
ending battle.
SUPERVISOR STROUGH- Okay, before I open the public hearing, is there any Town Board questions of
the applicant’s agent?
COUNCILMAN FERONE- Considering the 65 foot coming from the well, and even as you said, from your
own well, as well. Have you considered putting in some kind of ultraviolet system just to…
MR. GAZETOS- I would have no opposition to that.
COUNCILMAN FERONE- Okay.
MR. GAZETOS- Like I said, the bathroom is beat, so we going to go through the floor and probably re-
plumb anyway.
COUNCILMAN FERONE- Yeah.
MR. GAZETOS- So I think probably something like that or the micron filter…with the…
COUNCILMAN FERONE- Yeah, just for that extra protection.
MR. GAZETOS- My parents’ place is further down Cleverdale…UV to mircrons…
COUNCILMAN FERONE- Thank you.
TOWN COUNSEL, ROBERT HAFNER- So, will that be a contingency to add to it?
COUNCILMAN FERONE- I think it should be.
SUPERVISOR STROUGH- I agree with Councilperson Ferone, yeah.
COUNCILMAN FERONE- Sounds like there is no opposition so…
SUPERVISOR STROUGH- I think it’s a good suggestion and it seems to be the consensus of the Board.
So if you would add something if we do consider for approval tonight.
COUNCILMAN FERONE- Thank you, Bob.
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 100
SUPERVISOR STROUGH- Any other questions or thoughts or concerns before I open the public hearing?
Seeing none and if you will have a seat. I may ask you to come back up to answer some questions. Thank
you. So, I’m going to open the public hearing. Is there anybody present who would like to speak to this
application for a septic variance? Is there anybody in the Zoom world? No, I don’t see any blue hands.
Anybody in the YouTube world want to call in (518) 761-8225? Okay, I will close the public hearing. Any
further thoughts on behalf of the Town Board? Bob, are you ready for sharing your thoughts for amending
this Resolution for approval?
TOWN COUNSEL, HAFNER- Sure. I think we just add another resolved, after the resolved 65 feet and the
10 feet. Resolved that the variance and continued use of the septic system is contingent upon there be a
working UV system as part of the well and water system.
SUPERVISOR STROUGH- Alright, do you want to put it on the wells water or did you want to put it on
the outflow from the tank?
COUNCILMAN FERONE- I think from the well water, no…
TOWN COUNSEL, HAFNER- I have the well...water…
SUPERVISOR STROUGH- Okay, well we could go either way but this is for the well water. Alright that
sounds…is that okay with the Board?
COUNCILMAN METIVIER- Yes.
SUPERVISOR STROUGH- Is there a motion to approve the Resolution as amended?
PUBLIC HEARING CLOSED
RESOLUTION APPROVING JAMES BRODA’S APPLICATION FOR SANITARY
SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 45, 2020
INTRODUCED BY: Mrs. Amanda Magee
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, James Broda (Applicant) filed an application for variances from provisions of the Town
of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain a pre-existing, non-conforming
septic system with placement of a leaching system:
1. 65’ from the well in lieu of the required 100’ setback; and
2. 10’ from the dwelling in lieu of the required 20’ setback;
on property located at 136 Cleverdale 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 request
th
on Monday, September 28, 2020, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 101
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
3. 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
4. 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 Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of James Broad for
variances from the Sewage Disposal Ordinance to maintain a pre-existing, non-conforming septic system
with placement of a leaching system:
1. 65’ from the well in lieu of the required 100’ setback; and
2. 10’ from the dwelling in lieu of the required 20’ setback;
on property located at 136 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 227.17-
2-33, and
BE IT FURTHER,
RESOLVED, that the variance and continued use of the septic system is contingent upon there being
a working UV system as part of the well and water system, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail
a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 102
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park
Agency during such period.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None
PUBLIC HEARING- SARAH LANDERS, AMANDA SYKES AND MEGHANN BODEAU’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- So we are talking about a residence owned by those three individuals on 15 Sign
Post Road. They are installing a Clarus Fusion septic system with placement of a pre-existing non-conforming
leach pit 62 feet from the Lake George shoreline in lieu of the required 100 foot setback on property located
at 15 Sign Post Road. So is there an agent that wishes to speak to this, or one of the owners, apparently.
SARAH LANDERS- Hi.
SUPERVISOR STROUGH- Hi.
MS. LANDERS- How are you? So we actually installed … in 2016 the Fusion. It was installed four years
ago.
COUNCILMAN METIVIER- Can we get your name?
COUNCILMAN FERONE- You need to introduce yourself.
MS. LANDERS- I’m sorry, I’m Sarah Landers at 15 Sign Post Road.
SUPERVISOR STROUGH- Yeah, well I’m sorry.
MS. LANDERS- That’s okay. So we installed with a permit from the Town of Queensbury in 2016 a Claus
Fusion system in the same spot that the very antiquated non-working septic system was. This past spring went
to do a small building project to fix a porch that was falling off the cottage that was built in 1935. The initial
permit was filed and the electrical piece passed and then I got a call from Dave Hatin saying that I needed a
septic variance. After chatting with him, putting in the first application, he sent it back and said, no you don’t
need a septic variance, you need a zoning variance. I spoke with Mr. Brown, Craig Brown who then after
several weeks got back and said, no it is actually a septic variance. So, I resubmitted to Mr. Hatin and here
we are.
SUPERVISOR STROUGH- Okay.
COUNCILMAN METIVIER- So, it’s installed, working?
MS. LANDERS- Four years ago. It’s great…
COUNCILMAN METIVIER- I see it happen a lot.
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 103
MS. LANDERS- Well, that’s one of the questions I have because I sit on the North Queensbury wastewater
and I know several of us in Dunham’s Bay have installed these Clarus systems with permits but didn’t need
to get variances then…
COUNCILMAN FERONE- You answered a lot of questions for me because I saw the deck and I saw the
gray top of the system and I said, it’s there.
MS. LANDERS- Right, they already did it.
COUNCILMAN METIVIER- So, every once in a while this just happens, it’s weird. But, you’re not the only
one.
MS. LANDERS- Okay, so I think we followed the rules. We did what we were supposed to do.
COUNCILMAN METIVIER- Right, right.
MS. LANDERS- It works and its got the UV light so although it’s a seepage pit that’s there, it’s sterile water
that comes out. We got as far away from the lake as we could without…
SUPERVISOR STROUGH- And if you will Sarah, let me explain to the public that the 100 foot is for your
traditional systems. You have put in a pre-treatment system and in my opinion is one of the best. It’s the
Clarus Fusion 450. In addition to that, an ultraviolet system. So, that water going out to the field the scientist
claim it’s drinkable. I’m not going to try it. I will just take their word on it. But, what’s going out to your
leach bed has been heavily treated as opposed to not in your traditional system. So, I just want to point that
out to folks. So are there any questions before we open the public hearing from the Town Board?
COUNCILMAN FERONE- I just want to commend you on how you get down to that house and back because
I went today…
MS. LANDERS- Yeah, it’s not pretty.
COUNCILMAN FERONE- And it’s quite steep.
MS. LANDERS- It is. It’s not always fun, especially in the winter.
SUPERVISOR STROUGH- Okay, Sarah. I’m going to ask the public if they have any questions. I may call
you back to answer some of those questions, if you would.
MS. LANDERS- Okay.
SUPERVISOR STROUGH- So have a seat, please. Thank you for cleaning up the area. So is there anybody
here that wishes to speak to this 15 Sign Post Road Resolution seeking variances, variance, one variance? I’ll
open the public hearing. Anybody present? Anybody in the Zoom world? No little blue hands. Anybody
watching YouTube would you call in (518) 761-8225. Alright, not having any takers I will close the public
hearing. Any further thoughts or questions on behalf of the Town Board? I will entertain a motion to approve.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SARAH LANDERS, AMANDA SYKES AND
MEGHANN BODEAU’S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 46, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 104
WHEREAS, Sarah Landers, Amanda Sykes and Meghann Bodeau (Applicants) filed an application
for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136
to maintain a Clarus Fusion septic system with placement of the pre-existing, non-conforming leach pit 62’
from the Lake George shoreline in lieu of the required 100’ setback on property located at 15 Sign Post 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 request
th
on Monday, September 28, 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable
use of the land and is the minimum variance 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 Sarah Landers,
Amanda Sykes and Meghann Bodeau for a variance from the Sewage Disposal Ordinance to maintain a
Clarus Fusion septic system with placement of the pre-existing, non-conforming leach pit 62’ from the Lake
George shoreline in lieu of the required 100’ setback on property located at 15 Sign Post Road in the Town
of Queensbury and bearing Tax Map No: 239.16-1-10, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail
a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the
Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during
such period.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 105
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 47, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the
Town Board of the Town of Queensbury.
Duly adopted this 28th day of September 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
2.0 PUBLIC HEARINGS
PUBLIC HEARING- 2021 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT
BENEFIT TAX ROLL
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained the proposed rates for the benefit tax roll are going to remain the
same as it was last year.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING 2021 GLEN LAKE AQUATIC PLANT GROWTH
CONTROL DISTRICT BENEFIT TAX ROLL
RESOLUTION NO.: 312, 2020
INTRODUCED BY: Mrs. Amanda Magee
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption
of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2021 and filed the
completed Tax Roll in the Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also
mailed copies of the Notice to all property owners within the Benefit Assessment District, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 106
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake
Aquatic Plant Growth Control District Benefit Tax Roll for 2021 at the following rate:
District Units Amount to be Raised Tax Rate/Unit
Glen Lake Aquatic Plant Growth 333.85 46,739 140.
Control
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough
NOES: None
ABSENT: None
PUBLIC HEARING- 2021 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL
DISTRICT BENEFIT TAX ROLL
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained the proposed rates for the benefit tax roll are going to remain the
same as it was last year.
COUNCILMAN FREER- Made a suggestion that the Board Members should make a broad policy that
they use whole dollars for this kind of stuff.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING 2021 LAKE SUNNYSIDE AQUATIC PLANT
GROWTH CONTROL DISTRICT BENEFIT TAX ROLL
RESOLUTION NO.: 313, 2020
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 107
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption
of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2021 and filed
the completed Tax Roll in the Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also
mailed copies of the Notice to all property owners within the Benefit Assessment District, and
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake
Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2021 at the following rate:
District Units Amount to be Raised Tax
Rate/Unit
Lake Sunnyside Aquatic Plant 175.04 12,677.10 72.424
Growth Control
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
PUBLIC HEARING- 2021 NORTH QUEENSBURY (DUNHAM’S BAY) WASTEWATER
DISPOSAL DISTRICT BENEFIT TAX ROLL
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained the proposed rates and noted an 85% reduction in the benefit tax
roll from this year to 2021.
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 108
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING 2021 NORTH QUEENSBURY (DUNHAM’S BAY)
WASTEWATER DISPOSAL DISTRICT BENEFIT TAX ROLL
RESOLUTION NO.: 314, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town
Board has prepared the North Queensbury (Dunham’s Bay) Wastewater Disposal District Benefit Tax Roll
for 2021 assessing the expense of district improvements of general sanitary sewers located in the North
Queensbury Wastewater Disposal District – Dunham’s Bay and filed the completed Tax Roll in the
Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the North
Queensbury (Dunham’s Bay) Wastewater Disposal District Benefit Tax Roll for 2021 for payment of public
improvement expenses within the District in accordance with New York State Town Law §202 and §202-a
at the following rate:
District Units Amount to be Raised Tax Rate/Unit
North Queensbury 71 (60 with 655.00 10.00 (Building Units)
(Dunham’s Bay) Wastewater Buildings; 5.00 (Vacant Units)
Disposal 11 Vacant)
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 109
AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None
PUBLIC HEARING- ADOPTING QUEENSBURY CONSOLIDATED SANITARY SEWER
DISTRICT BENEFIT TAX ROLL FOR 2021
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained this is proposed to increase seven tenths of a percent for 2021.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021
RESOLUTION NO.: 315, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town
Board has prepared the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2021 assessing
the expense of district improvements of general sanitary sewers located in the Queensbury Consolidated
Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the
Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public
improvement expenses within the District in accordance with New York State Town Law §202 and §202-a
at the following rate:
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 110
Units Amount to be Raised Tax
District Rate/Unit
Queensbury Consolidated 12307.93 58,185.82 4.7275
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
PUBLIC HEARING- RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL
FOR 2021
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained they are proposing a 6.7 percent increase for 2021.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING RESERVOIR PARK SANITARY SEWER DISTRICT
BENEFIT TAX ROLL FOR 2021
RESOLUTION NO.: 316, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town
Board has prepared the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2021 assessing the
expense of district improvements of general sanitary sewers located in the Reservoir Park Sanitary Sewer
District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 111
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Reservoir
Park Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within
the District in accordance with New York State Town Law §202 and §202-a at the following rate:
District Units Amount to be Tax
Raised Rate/Unit
Reservoir Park 25 11,500 460.00
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
PUBLIC HEARING- ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained they are proposing a 3.2 percent increase for 2021.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING ROUTE 9 SANITARY SEWER DISTRICT
BENEFIT TAX ROLL FOR 2021
RESOLUTION NO.: 317, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 112
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town
Board has prepared the Route 9 Sanitary Sewer District Benefit Tax Roll for 2021 assessing the expense of
district improvements of general sanitary sewers located in the Route 9 Sanitary Sewer District and filed the
completed Tax Roll in the Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9
Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public improvement expenses within the
District in accordance with New York State Town Law §202 and §202-a at the following rate:
District Units Amount to be Tax Rate/Unit
Raised
Route 9 6085.04 247,500 40.6735
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough
NOES: None
ABSENT: None
PUBLIC HEARING- SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER
DISTRICT BENEFIT TAX ROLL FOR 2021
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained they are proposing a 3.2 percent decrease for 2021.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE
SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2021
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 113
RESOLUTION NO.: 318, 2020
INTRODUCED BY: Mrs. Amanda Magee
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town
Board has prepared the South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll
for 2021 assessing the expense of district improvements of general sanitary sewers located in the South
Queensbury – Queensbury Avenue Sanitary Sewer District and filed the completed Tax Roll in the
Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South
Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2021 for payment of public
improvement expenses within the District in accordance with New York State Town Law §202 and §202-a
at the following rate:
District Units Amount to be Tax
Raised Rate/Unit
South Queensbury-Queensbury 1148.7 28,871.00 25.1319
Ave. 8
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 114
PUBLIC HEARING- WEST QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT
BENEFIT TAX ROLL FOR 2021
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 18, 2020
SUPERVISOR STROUGH- Explained they are proposing an 8.1 percent decrease for 2021.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
COUNCILMAN FREER- It’s important to note that the reason we have broken these districts down is so
that the people who are getting the service are paying for both the service and sustainability of those
individual systems. There are different rates for different repairs and capabilities.
RESOLUTION ADOPTING WEST QUEENSBURY –CONSOLIDATED SEWER
DISTRICT BENEFIT TAX ROLL FOR 2021
RESOLUTION NO.: 319, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town
Board has prepared the West Queensbury Consolidated Sewer District Benefit Tax Roll for 2021 assessing
the expense of district improvements of general sanitary sewers located in the West Queensbury Consolidated
Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and
th
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28, 2020 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the West
Queensbury Consolidated Sewer District Benefit Tax Roll for 2021 for payment of public improvement
expenses within the District in accordance with New York State Town Law §202 and §202-a at the following
rate:
District Units Amount to be Raised Tax Rate/Unit
West Queensbury Consolidated 1987.33 172,100 86.5986
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant
to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 115
sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town.
th
Duly adopted this 28 day of September, 2020 by the following vote:
AYES: Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT: None
PUBLIC HEARING- AMENDING QUEENSBURY TOWN CODE TO ESTABLISH RENEWABLE
ENERGY SYSTEMS AND FACILITIES REGULATIONS
NOTICE SHOWN
PUBLICATION DATE: SEPTEMBER 11, 2020
SUPERVISOR STROUGH- Explained that this whole process began about three years ago when there was
a ground-mounted system in a neighborhood and some of the neighbors found it obtrusive. We didn’t have
any codes preventing it, so this was an effort to try and put some regulations on ground- mounted solar. We
are going to label it renewable energy systems and facilities regulations because maybe perhaps someday it
will be more than solar. Reviewed proposed regulations of law.
COUNCILMAN FREER- Clarified for the public that solar farms actually make energy available off-site
and the residential and ground-mounted solar will be for on-site use and not for sale, rent or lease off the
premises. Thanked Craig Brown for his patience in working with him on this. Also, thanked Catherine
Atherden who actually initiated this process when she was on the Town Board.
SUPERVISOR STROUGH- Thanked everyone on this Town Board and Town Counsel for working on this;
a lot of work went into it. We didn’t want to be overly intrusive but wanted to provide some regulation.
OPENED PUBLIC HEARING- NO PUBLIC COMMENT
CLOSED PUBLIC HEARING
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? NO
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
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 116
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
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
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 9 OF 2020 TO AMEND QUEENSBURY TOWN
CODE TO ESTABLISH RENEWABLE ENERGY SYSTEMS
AND FACILITIES REGULATIONS
RESOLUTION NO.: 320, 2020
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 9 of 2020
to amend its Zoning Law to establish renewable energy systems and facilities regulations, and
WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public hearing in
accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of
Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed Zoning Law amendments to the Warren County Planning Department which by Project Review
and Referral Form dated August 21, 2020 found that the Project would not create any significant
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 117
intermunicipal or countywide impacts to the items identified in General Municipal Law §239, and
WHEREAS, the Town Board also referred the proposed Zoning Law amendments to obtain a
nd
recommendation from the Town Planning Board and on September 22, 2020, the Planning Board reviewed
the proposed Zoning Law amendments and adopted a Resolution of recommendation to the Town Board as
favorable subject to clarification of items submitted by staff in a report to the Town Board, and
WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval
standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency
regulations, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed
Zoning Law amendments prior to adoption and by letter dated September 17, 2020, the APA advised that
it reviewed the proposed revised Zoning Law amendments and approved them pursuant to the terms of
the Town’s Agency-Approved Local Land Use Program, and
th
WHEREAS, the Town Board duly conducted a Public Hearing on Monday, September 28, 2020
concerning proposed Local Law No. 9 of 2020, heard all interested parties and closed the Public Hearing,
and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State
Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to
analyze potential environmental impacts of proposed Local Law No.: 9 of 2020 and found that no significant
adverse environmental impacts are expected to result, and
WHEREAS, the Town Board has considered the conditions and circumstances and wishes to consider
adoption of Local Law No.: 9 of 2020 (the “legislation,”) presented at this meeting,
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 Director of Planning, Zoning and Code Compliance 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 approves and adopts Local Law No.: 9 of 2020 – A Local
Law Amending Town of Queensbury Zoning Law to Establish Renewable Energy Systems and Facilities
Regulations in substantially the form presented at this meeting, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 118
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to
submit approved Local Law No. 9 of 2020 to the New York State Secretary of State for filing, in accordance
with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect
immediately upon filing by the Secretary of State, 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 approved Local Law No.: 9 of 2020 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,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning
Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions
of this Resolution.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN)
NO PUBLIC COMMENT
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING RESTORATION/ RECONSTRUCTION OF
FOSTER AVENUE/UPPER GLEN STREET INTERSECTION BY EDWARD &
THOMAS O’CONNOR, INC.
RESOLUTION NO.: 321, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Water Superintendent has advised that it is necessary to restore and
reconstruct the roadway in the Foster Avenue/Upper Glen Street intersection due to a water main break in
th
the New York State Right of Way on July 4, 2020, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 119
WHEREAS, the Water Superintendent received quotes for such reconstruction work and the lowest
quote is from Edward & Thomas O’Connor, Inc., dated September 16, 2020 in the amount of $34,125,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the restoration and reconstruction
of the roadway in the Foster Avenue/Upper Glen Street intersection by Edward & Thomas O’Connor, Inc.,
in accordance with its quote dated September 16, 2020 in the amount of $34,125 substantially in the form
presented at this meeting to be paid from Account No.: 040-8340-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any
needed documentation and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take
such other and further action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND
CONVENTION DEVELOPMENT AGREEMENT WITH
THE WORLD AWARENESS CHILDREN'S MUSEUM
RESOLUTION NO.: 322, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by prior Resolution the Queensbury Town Board provided for the Town’s receipt of
occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and
Convention Development Agreement (Agreement) entered into between the Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
Agreement are subject to further Resolution of the Queensbury Town Board, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 120
WHEREAS, the Town Board wishes to provide funding to the World Awareness Children's Museum
in the amount of $3,600 with occupancy tax revenues received from Warren County and accordingly enter
into an Agreement with the World Awareness Children’s Museum for the year 2020 for the promotion of
performances and events to Town residents, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town
and the World Awareness Children’s Museum substantially in the form presented at this meeting and
authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of
$3,600 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for
from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes an increase of appropriations in
Occupancy Tax Account No.: 050-6410-4412 by $3,600 and increasing the revenue coded 050-0000-
51113 Occupancy Tax by $3,600, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any
documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that each Agreement is expressly contingent upon the Town Budget Officer confirming
that the Town has unallocated occupancy tax funds available from Warren County.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 121
RESOLUTION AUTHORIZING ELECTRICAL WORK AT HIGHWAY
BUILDING BY HEWITT YOUNG ELECTRIC
RESOLUTION NO.: 323, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury Facilities Manager has advised that it is necessary to replace
certain aged and defective electrical components at the Town Highway Building, and
WHEREAS, the Facilities Manager received quotes for such reconstruction work and the lowest
quote is from Hewitt Young Electric dated September 16, 2020 in the amount of $16,600,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the replacement of certain aged
and defective electrical components at the Town Highway Building by Hewitt Young Electric in accordance
with its quote dated September 16, 2020 in the amount of $16,600 substantially in the form presented at this
meeting to be paid from Building Repairs Account No.: 001-1620-4070-0023, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such work shall
be by a transfer of $16,600 from the Building and Grounds Department’s undesignated, unassigned Fund
Balance Account No.: 001-0000-0909 to Building Repairs Account No.: 001-1620-4070-0023, 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 to sign any
needed documentation and the Town Supervisor, Facilities Manager and/or Budget Officer to take such other
and further action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 122
NOES: None
ABSENT: None
RESOLUTION AFFIRMING CONSISTENCY OF SITE PLANS AS
MODIFICATIONS TO THE FOWLER SQUARE
PLANNED UNIT DEVELOPMENT
RESOLUTION NO.: 324, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 438,2015, the Queensbury Town Board determined that the Fowler
Square Planned Unit Development (PUD) met the purposes and objectives and all of the provisions and
requirements of Article 12 of the Town of Queensbury Zoning Law and therefore approved and enacted the
Fowler Square Planned Unit Development District located on property bearing Tax Map Nos.: 289.19-1-
23 through 289.19-1-35 located at the corner of Bay and Blind Rock Roads in the Town, and
WHEREAS, by letter dated September 23, 2020, BBL Construction Services, LLC has requested
that the Town Board approve its enclosed site plans as modifications to the Fowler Square PUD as the
proposed modifications represent a “minor change” and that the Town Board affirm that they are
consistent with the Fowler Square PUD previously approved by Resolution No.: 438,2015, and
WHEREAS, the Town’s Director of Planning, Zoning and Code Compliance has reviewed the site
plans as modifications to be sure they are in compliance with the PUD Ordinance and Fowler Square PUD
and has recommended that the Town Board adopt a Resolution affirming that they are consistent with the
Fowler Square PUD,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby affirms that the proposed site plans as
proposed modifications submitted by BBL Construction Services, LLC by letter dated September 23, 2020
are consistent with the Fowler Square PUD approved by Town Board Resolution No.: 438,2015, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Director of Planning, Zoning
and Code Compliance to deliver a certified copy of this Resolution to BBL Construction Services, LLC
and the Town Planning Board and the Town Supervisor and/or Director of Planning, Zoning and Code
Compliance take such other and further actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 28 day of September, 2020, by the following vote:
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 123
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF SKID STEER LOADER FOR
USE BY HIGHWAY DEPARTMENT
RESOLUTION NO.: 325, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to purchase a Skid Steer Loader, and
WHEREAS, a 232D3 Skid Steer Loader and cab package (Loader) is available through Milton CAT
in accordance with the New York State Office of General Services Procurement Services Contract No.:
PC66988 for the amount of $74,030.20, minus a trade-in of the Town’s Bobcat 863 (serial #2684655) in the
amount of $10,000, for a purchase total of $64,030.20 as set forth in Milton CAT’s quote dated 9/23/2020
presented at this meeting, and
WHEREAS, funds for such purchase will be reimbursed to the Town by the New York State
Consolidated Local Street and Highway Improvement Program (CHIPS),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the Town
Highway Superintendent’s purchase of a 232D3 Skid Steer Loader and cab package (Loader) through Milton
CAT as set forth in Milton CAT’s quote dated 9/23/2020 substantially in the form presented at this meeting
and in accordance with New York State Office of General Services Procurement Services Contract No.:
PC66988 for the amount of $74,030.20, minus a trade-in of the Town’s Bobcat 863 (serial #2684655) in the
amount of $10,000, for a purchase total of $64,030.20, to be paid from Heavy Equipment Account No.: 004-
5130-2040, contingent upon the Town being reimbursed for such total amount through the New York State
Consolidated Local Street and Highway Improvement Program (CHIPS), and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase
revenues in Chips Revenue Account No.: 004-0000-53501 by $64,030.20, increase Chips Heavy Equipment
Account No.: 004-5130-2040 by $64,030.20, amend the 2020 Town Budget, make any adjustments, budget
amendments, transfers and/or prepare any documentation necessary to effectuate payment, and
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 124
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
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF 2020 MODEL HV513
INTERNATIONAL 6X4 DUMP, PLOW AND WING TRUCK
FOR HIGHWAY DEPARTMENT
RESOLUTION NO.: 326, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board
approval to purchase a Dump, Plow and Wing Truck, and
WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision
in New York State to “piggyback” off an existing County/State Bid and therefore in this instance, the Town
of Queensbury is “piggybacking” with Onondaga County Bid #8996 for a 2020 International Model HV513
6x4 Dump, Plow and Wing Truck (Truck), and
WHEREAS, such Truck is available through H. L. Gage Sales, Inc., for the total amount of
$201,031.86 as set forth in H. L. Gage Sales, Inc.’s quote dated 9/15/2020 presented at this meeting, and
WHEREAS, funds for such purchase will be reimbursed to the Town by the New York State
Consolidated Local Street and Highway Improvement Program (CHIPS),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway
Superintendent’s purchase of a 2020 International Model HV513 6x4 Dump, Plow and Wing Truck from H.
L. Gage Sales, Inc., with the purchase order to be made out to Navastar, Inc., as set forth in H. L. Gage Sales,
Inc.’s quote dated 9/15/2020 substantially in the form presented at this meeting and in accordance with
Onondaga County Bid #8996, for the total amount of $201,031.86 to be paid from Heavy Equipment Account
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 125
No.: 004-5130-2040, contingent upon the Town being reimbursed for such total amount through the New
York State Consolidated Local Street and Highway Improvement Program (CHIPS), and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase
revenues in Chips Revenue Account No.: 004-0000-53501 by $201,031.86, increase Chips Heavy
Equipment Account No.: 004-5130-2040 by $201,031.86, amend the 2020 Town Budget, make any
adjustments, budget amendments, transfers and/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.
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 09292020
RESOLUTION NO.: 327, 2020
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant:
09292020 with a run date of 09/24/2020 and a payment date of 09/29/2020,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as
Warrant: 09292020 with a run date of 09/24/2020 and a payment date of 09/29/2020 totaling $279,947.85,
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.
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 126
th
Duly adopted this 28 day of September, 2020, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee
NOES: None
ABSENT: None
5.0 CORRESPONDENCE-
DEPUTY TOWN CLERK, MELLON-The 2021 Tentative Budget has been received (copies
presented to Town Board Members) and filed in the Town Clerk’s Office.
6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)
WARREN VOLLARO- Spoke regarding an issue he and his neighbors are having with O’Reilly
Auto Parts. They are making deliveries at 2:00am five days a week. This is very disruptive.
Asked the Board for assistance with remedying the situation.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER (WARD I)- Paving on Sunnyside started today.
COUNCILMAN FREER (WARD II)-
Spoke regarding paving on Garrison Road.
Questioned Supervisor Strough on when the Halfway Brook Trail will be usable.
Supervisor Strough responded by the end of October.
COUNCILMAN FERONE (WARD III)- Commended the Highway Department, they always do
a great job. Thanked them for their work on the stormwater projects in ward three. They did a
nice job.
COUNCILWOMAN MAGEE (WARD IV)- Had the opportunity recently to use the bike trail
system with her family. So grateful we have it.
SUPERVISOR STROUGH-
Spoke regarding the boat inspection program.
Thanked Pepe Productions, Look TV and our sponsors for televising these meetings.
Thanked all who attended meeting.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 328, 2020
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Amanda Magee
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 28th day of September 2020, by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mrs. Magee, Mr. Strough
NOES: None
REGULAR TOWN BOARD MEETING, 09-28-2020, MTG #29 127
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I