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01-25-2021 MTG#5 REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 378 REGULAR TOWN BOARD MEETING VIA ZOOM MTG #5 TH JANUARY 25, 2021 RES. #53-62 7:00P.M. B.H. #5-6 LL #1 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER SUPERVISOR STROUGH-Called meeting to order…. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 53, 2021 INTRODUCED BY: Mr. Timothy McNulty 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 26 day of January 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None CONTINUATION OF PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND MARY JO SABIA SUPERVISOR STROUGH- Alright, well this is a continuation of the public hearing. It’s basically a pass through. We kind of told the Sabia’s that given the size of the lot, given other terrain restrictions that what they were asking exceeded our comfort level and we wish them to go back to the drawing board and come up with something that hopefully we might find more suitable; and that’s what they perhaps are doing. In any event, is there anybody here who would like to speak to the John and Mary Jo Sabia sewage disposal variance application tonight, please signify by raising your little blue hand? Alright seeing none, we’ll leave that public hearing open and move on to the next one. NO ACTION TAKEN- PUBLIC HEARING LEFT OPEN RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF 330 CLEVERDALE TRUST, GERALD L. CONWAY, JR., TRUSTEE AND JILL A. CONWAY, TRUSTEE REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 379 NO ACTION- PULLED RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROGER AND JOYCE RUBERCHT RESOLUTION NO.: BOH 5, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Roger and Joyce Rubercht (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install: 1. Absorption field 54’ from a neighboring well in lieu of the required 100’ setback; 2. Absorption field 37’ from the onsite well in lieu of the required 100’ setback; 3. Tank 38’ from a neighboring well in lieu of the required 50’ setback; 4. Pump tank 28’ from a neighboring well in lieu of the required 50’ setback; 5. Force main/pump tank 5’ from the property line in lieu of the required 10’ setback; and 6. Absorption field 4’ from the west property line in lieu of the required 10’ setback; on property located at 33 Honeysuckle Lane Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing th on Monday, February 8, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Roger and Joyce Rubercht’s sewage disposal variance application concerning property located at 33 Honeysuckle Lane in the Town of Queensbury (Tax Map No.: 226.19-1-52) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 25 day of January, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 380 NOES: None ABSENT: None *The applicant’s agent, Dennis MacElroy clarified that they are seeking eight variances (as shown on application) not six as stated in Resolution. Notice of public hearing amended and published on January 29, 2021. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 6, 2021 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. th Duly adopted this 25 day of January 2021, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING- WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S INCURRENCE OF TAX-FREE FINANCING FOR PURCHASE OF PIERCE PUMPER TRUCK NOTICE SHOWN PUBLICATION DATE: JANUARY 8, 2021 SUPERVISOR STROUGH- Alright, there’s a public hearing tonight on this. West Glens Falls Volunteer Fire Company would incur tax-free financing for the purchase of a Pierce Pumper Truck. The Fire Company has previously advised the Town Board that it wished to purchase a 2020 Pierce pumper truck to replace its 2001 American LaFrance Pumper Truck that has approximately 43,000 miles on it, for a sum not to exceed $912,000. Such purchase is in the Fire Company’s five year capital plan that forecast future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements; and it’s within their budget. There is a public hearing on this but before I open the public hearing, any Town Board Members have any questions on this? I do see somebody, two people from West Glens Falls Fire Department that are available to us if you have any questions for them. Anything from the Board before I open the public hearing? Alright, public hearing. Anybody present in the Zoom Meeting, please indicate by raising your little blue hand if you wish to speak to this. It’s a public hearing tonight on the incurrence of tax-free financing for the purchase of a Pierce Pumper Truck for West Glens Volunteer Fire Company. Alright, I don’t see anybody. So, before we vote on this, I just want to thank Chief, Jeff Daily and some of the other Assistant Chiefs that I know, Mike Gordon, Tyson Converse; and I see Tyson is on here tonight. Matt Flewelling is heavily involved being an Assistant. Matt Sumner is involved with the executive department, Chris Kilmartin, he’s also very involved. So I want to thank all the men and women, REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 381 not only of West Glens Falls Volunteer Fire Company but all of our, we have five fire companies in the Town of Queensbury. Thanks to their volunteerism we live in a safer community. We live in a better community. Firemen don’t just put out fires anymore, they’re doing just about anything in terms of emergencies, including if there’s bad car accidents, they’re helping to direct traffic. We want to thank them because they’re there to help make sure we’re healthy and safe. They do it through volunteerism. I can’t thank them enough. Anyhow, if this gets approved tonight, they will go ahead and get their new vehicle. Alright, is there a motion to approve? DEPUTY TOWN CLERK, MELLON- Close the public hearing. SUPERVISOR STROUGH- I will close the public hearing. Thank you, Rose. PUBLIC HEARING CLOSED RESOLUTION APPROVING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S INCURRENCE OF TAX-FREE FINANCING FOR PURCHASE OF PIERCE PUMPER TRUCK RESOLUTION NO.: 54, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company previously advised the Town Board that it wished to purchase a 2020 Pierce Pumper Truck (Truck) to replace its year 2001 American LaFrance Pumper Truck with approximately 43,000 miles, for a sum not to exceed $912,000, such purchase included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and it will be maintained at its firehouse located at 33 Luzerne Road in the Town of Queensbury, and WHEREAS, by Town Board Resolution No.: 80.2020, the Town Board approved such Truck purchase, and REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 382 WHEREAS, the Fire Company advised the Town Board that it wishes to pay for the Truck by the Fire Company’s incurrence of up to $912,000 maximum amount of tax-exempt financing with the Glens Falls National Bank and Trust Company, and WHEREAS, the Town Board scheduled a public hearing regarding the Fire Company’s proposed tax- exempt financing as required under the Internal Revenue Code, and th WHEREAS, on Monday, January 25, 2021, the Town Board duly held a public hearing concerning the Fire Company’s proposed tax-exempt financing as required by the Internal Revenue Code and heard all interested persons, and WHEREAS, the Town Board believes that the proposal will help to ensure additional safety protection for the Town and therefore wishes to adopt a Resolution authorizing the Fire Company’s incurrence of tax- exempt debt for the Truck purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Volunteer Fire Company, Inc.’s incurrence of a principal amount not to exceed $912,000 of tax-exempt financing as provided for under the Internal Revenue Code, for the Fire Company’s purchase of a 2020 Pierce Pumper Truck with such tax-exempt financing to be with the Glens Falls National Bank and Trust Company, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the Glens Falls National Bank and Trust Company on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of January, 2021 by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Ferone NOES: None REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 383 ABSENT: None ABSTAIN: Mr. Metivier CONTINUATION OF PUBLIC HEARING- ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REVISE SECTION 179-2-010(C) “DEFINITIONS” AND TABLE 2: SUMMARY OF ALLOWED USES IN RESIDENTIAL DISTRICTS NOTICE SHOWN PUBLICATION DATE: DECEMBER 28, 2020 SUPERVISOR STROUGH- Alright, so this is to add to our definitions table a use titled “Tree Service/Landscape Company”. We did not have a use defined for this use even though it appears to be needed. We’re considering putting this use as an allowable use with site plan review in our rural residential zone that includes RR-3 and RR-5. We’ve had a public hearing on this. We’ve had one, two, three, four, five members of Gurney Lane, mostly of Gurney Lane people speak to this. It’s gone through site plan review or it will go through site plan review if the proposed use that triggered this and this gets approved. But, it went through the Planning Board and the Planning Board made a referral and their referral said that basically…let me do it by…It went through Warren County Planning Department and they said no County impact. It went through the Adirondack Park Agency and they have reviewed this and they have no problems with what’s being proposed. TOWN COUNSEL, MARK SCHACHNER- They actually approved it in a letter dated January th 8. th SUPERVISOR STROUGH- And approved it in a letter dated January 28 and the Warren County Planning… thththth TOWN COUNSEL, SCHACHNER- No, 8, 8, not 28, 8. th SUPERVISOR STROUGH- Eighth, January 8, and the Warren County Planning Department thth was January 5, 2021, no County impact. The Planning Board dealt with this on the 19 day of January, 2021, and the Planning Board, based on its limited review, has not identified any significant adverse impacts that cannot be mitigated with this proposal. That was passed unanimously by the Planning Board. What’s being proposed here is the definition of a tree service/landscape company is as follows: a business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases and provide fertilization services. On-site administration and sales office, storage and maintenance of company equipment, temporary storage of by-products created by the business such as logs or wood chips may be included in this use, with temporary storage. On-site processing, such as cutting, trimming, milling, chipping, grinding is not included in this use. And then the other thing that is being proposed is to at least start by allowing this as an allowed use with site plan review in the rural residential zone. Okay, and after the public hearing we’ll do a SEQRA and then if the Board is interested we can move it to a vote. So, public hearing on this matter. TOWN COUNSEL, SCHACHNER- John, quick question before you go to public hearing. SUPERVISOR STROUGH- Yes. TOWN COUNSEL, SCHACHNER- It appears that there was a time when the Town Board was contemplating requiring special use permit…this proposed use in addition to site plan review and that’s what’s …draft local law. It’s my impression that you decided to not …special use permit but only site plan review, is that correct. REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 384 SUPERVISOR STROUGH- Well, not at this point, that certainly is an option that the Town Board may look at. TOWN COUNSEL, SCHACHNER- But as long as I’m asking the question is because right now the proposed local law says subject to special use permit and site plan review, but the proposed amendment just says site plan review. It’s entirely up to the Town Board what you’re considering, I’m just trying to figure out what you’re currently considering. SUPERVISOR STROUGH- And I’m not sure what the consensus of the Board is at this point, Mark. TOWN COUNSEL, SCHACHNER- Okay, than I guess, you should declare, if you want to open the public hearing, open the public hearing on the basis that the proposal is to include this definition in the RR-3 and RR-5 districts as an allowed use subject to either or site plan review and/or special use permit, Town Board not sure yet. SUPERVISOR STROUGH- Right. TOWN COUNSEL, SCHACHNER- Okay, fair enough. SUPERVISOR STROUGH- Okay, Jane. Let me see here. Alright, Jane. JANE MACKINTOSH- Good Evening, thanks for calling on me. I have a couple of comments. I sat in on the Planning Board Meeting and I was kind of struck by how they didn’t seem to be very much informed about what this was all about. There is one question from a Planning Board Member that said, you know, why is this coming up now and no one had an answer for that. It didn’t seem that the Planning Board Members had read the minutes of the Town Board Meeting. They weren’t informed in that sense. Another Planning Board Member raised the question of use of storage and disposal of pesticides by a potential tree service/landscaping company. If I remember correctly, the comment from another Board Member was that they thought that that issue was addressed in another part of Town Code. So, that issue was not pursued. That struck me as a little vague and frankly it bothered me a little bit that they weren’t thinking of this in a rigorous way enough to say, well let’s find out if the pesticide is covered in Town Code and if it is where is it covered? So that meeting I found a little bit, it bothered me a little bit because they didn’t appear to be very well informed and I thought they voted, you know a little capricious to say, well we don’t see any problem with this when they actually didn’t have much information to go by. The other thing that, the other comment I would like to make is, well, I made the comment at the last Town Board Meeting but I think it’s a little odd to be making this change just to solve a problem that one property owner has. I know that’s been done in the past but I don’t know that that really justifies, you know, continuing to make decisions that way. I would request that if you are going to approve this as a use, that you put the special use permit condition on this use and make it similar to the commercial mineral extraction/sand gravel topsoil use or the sawmill/chipping mill and the pallet mill use; both of which are, to my mind, they’re kind of commercial or industrial and yet they are allowed RR-3 and RR-5. So if you’ve got to add another kind of commercial/industrial use to RR-3 and RR-5, I would request that you do it by special use permit and attach the same conditions as those other two uses. SUPERVISOR STROUGH- Okay, alright Jane, thank you. COUNCILMAN FERONE- John… SUPERVISOR STROUGH- Yes. COUNCILMAN FERONE- I want to respond to both, comment to you, response to Jane. Off the top of my head, I would think that the use of pesticides would be highly regulated by both the State and possibly even Federal regulations on how you use those and how you would dispose of them. I don’t know, in my mind, that that would be a major concern because these people would lose their license and their livelihood of they weren’t dealing with those chemicals appropriately. REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 385 MS. MACKINTOSH- Well, the only point I’m making is that if the Town is going to make a decision like this, about allowing this, somebody ought to find out who does regulate that; and in what way is it regulated and who’s responsible to monitoring it. That’s my only request. It seems a little capricious to me to just say, oh yes, somebody else takes care of that. Who is that person, you know, do you actually know? So that’s what bothers me about it. I’m not saying that it can’t happen. I’m just saying, you know, if you want to be responsible legislatures, somebody needs to know how is that regulated. SUPERVISOR STROUGH- Okay, Town Counsel, Schachner. TOWN COUNSEL, SCHACHNER- A very unimportant comment, but I’m just going to remind you to ask each speaker at a public hearing to identify themselves. SUPERVISOR STROUGH- Yes. MS. MACKINTOSH- Okay yes, I’m sorry. I’m Jane Mackintosh. I live on Gurney Lane in the Town of Queensbury. SUPERVISOR STROUGH- Thank you, Jane. COUNCILMAN MCNULTY- And John, if I can just to reiterate, what we’re discussing now is just to add this definition. We’re not specifically talking about a specific property. We’re just talking to amend, to add this to our zoning definitions, correct? SUPERVISOR STROUGH- And to add it to the rural residential zone. COUNCILMAN MCNULTY- Okay. MS. MACKINTOSH- Yes, as far as I understand, you are, this is about adding an allowable use to a rural residential zone. Is that correct? COUNCILMAN MCNULTY- Correct, but it’s not a specific property that we’re talking about. SUPERVISOR STROUGH- Alright… MS. MACKINTOSH- No, excuse me. I’m sorry to interrupt but it was my understanding from the last meeting, or I should say from the minutes of the Special Town Board Meeting that this whole thing came up at the request of a particular property owner. So what’s the relationship between this proposal and a particular property? It seems like there is a relationship between the two things. SUPERVISOR STROUGH- Yeah. Jane, often times it comes to the Board’s attention that we don’t have a particular use for the use that would like to go wherever it wants to go. For example, in Sokol’s Plaza, they wanted to do interior storage. MS. MACKINTOSH- Right. SUPERVISOR STROUGH- Well, what can we do? We don’t have a use defined for interior storage. So, you know, as we change and as the world changes, and it changes a lot, the Zoning Code has to change with it, to a degree. So we had to put together a definition for interior storage that was inspired by a particular individual that wanted it, and I could give you many other examples, as well, that showed the downfalls of our zoning. Of course, we are always working to improve it. This is the case, I believe, here too. Alright, Jane. MS. MACKINTOSH- Well, in the Sokol’s case, you added a definition but did you actually change the zoning. REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 386 SUPERVISOR STROUGH- Yeah we did. We had to include it in the zone. So, okay? Alright, well thank you, Jane. Let’s see if anybody else wishes to speak. Anybody, Bob Fallmann. Bob Fallmann, is again using an old version of Zoom. In order to get him to speak, I have to promote to a panelist. Alright. Bob you’re muted. BOB FALLMANN- Okay, can you hear me now? SUPERVISOR STROUGH- Yes, we can hear you. MR. FALLMANN- I also don’t agree with this change. I have no problem with you adding a definition to your table of definitions. What I do have a problem with is you adding this as an allowed use in a RR residential zone. Keep in mind the RR, the second r is for residential, it’s not for commercial. If you look at your, what you call industrial districts on there, you have a use in there for heavy equipment storage and logging. This type of operation would be much more suited to be put into that type of an area than it is in a residential area. I don’t think this changes, there’s any real reason for this change other than to allow one person that evidentially got a use over there, that may and may not be allowed currently. Keep in mind too, John that the guy over there that has that property over there, he takes very good care of it, but the next guy that comes in there is not going necessarily do this. I think if you’re changing this all based on one specific instance, one person and one location, I don’t think that’s a good idea. I think you’re opening Pandora’s Box with this. If you want to put this use as a defined use in something, put it in the commercial or industrial use, but don’t put it where there’s residential, in a residential use. SUPERVISOR STROUGH- Alright, thank you, Bob. Alright, but I do want, you know, residential is more than residential. Let me go through the uses that are currently allowed in rural residential. You have duplex, you have group camp, home occupation, kennels, nurseries, outdoor recreation, places of worship, playgrounds, produce stands, semi-public buildings, riding academies, sand/gravel/topsoil extraction, sawmill/chipping/pallet mill, single family dwellings, veterinary clinic. So, you know, there’s a multiple amount of uses. Probably reflect what rural has currently in the Town, probably multiple uses. Alright, is there anybody else that wishes to speak? Alright. MS. MACKINTOSH- Sorry, this is Jane Mackintosh again. I just have a question and a comment. I have read the list of allowable uses and it’s pretty clear that there’s two that stand out as being really very different from all the others. Those two are commercial mineral extraction and sawmills and chipping mills. They are not in, they don’t even come close to being similar to the other uses allowed in the zone. My question was if…I think it is disingenuous to say this has nothing to do with a particular property because I think it does have something to do with a particular property. What I’m wondering is if this use is granted, if you decide to put this in the Zoning Code so that the use is allowable and the current property owner is then in compliance with the Zoning Code, if that property is sold and the next owner wants to continue that same use, do they need to go through site plan review again or are they grandfathered because the previous owner, you know, was allowed and went through…So I assume that if this is put into the Code and becomes an allowed use, does the current owner have to go through site plan review? SUPERVISOR STROUGH- Well, I don’t think the answer is an easy yes or no. For one thing, the next proposed use would have to be looked at independently by our Zoning Administrator and see if we are talking about the same number of vehicles, is it the same size, would it generate the same kind of vehicle flow. I mean how similar is the use compared to what was there previously. But, Town Counsel, feel free to jump in on this one, if I need any… MS. MACKINTOSH- Well, from what I can tell from reading your definition, there is no criteria for the number of vehicles so how would… SUPERVISOR STROUGH- I believe your question was if one got approved… MS. MACKINTOSH- Yes. REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 387 SUPERVISOR STROUGH- Would the next one be automatically approved? And I said there are variables that would have to be looked at. TOWN COUNSEL, SCHACHNER- So if I can jump in… MS. MACKINTOSH- What’s the process. TOWN COUNSEL, SCHACHNER- The answer is a permit runs with the land. If an applicant obtains and approval for this or any other use going through the proper processes as required by the Town of Queensbury’s Zoning Law, that property can be sold and so long as the parameters of the operation don’t change and they make the site plan review and/or special use permit approval then it is grandfathered and the permit runs with the land. If the operation fundamentally changes or materially changes, in a matter that’s not in compliance or in conformance with the site plan review and/or special use permit that was previously issued then it would need a new special use permit or new site plan review, or at least amended special use permit or site plan review. SUPERVISOR STROUGH- Okay, thank you Town Counsel. Thank you, Jane. MS. MACKINTOSH- Okay, thank you. SUPERVISOR STROUGH- Alright, so before we go to SEQRA I would be more comfortable if the Town Board had a consensus of do we keep site plan review or should we make this a special use permit? Now Town Counsel can help me out here, but if we make this a special use permit, we’re asking the Planning Board when they review a particular application before them that they give a hard look to it to better assure comparability with adjacent uses. Right, Mark. TOWN COUNSEL, SCHACHNER- Kind of, sort of. That statement would not be untrue if it was merely site plan review. If the Town Board decides to allow this use by special use permit then their special use permit criteria, separate, apart and I would suggest, somewhat above those of mere site plan review that would have to be applied. SUPERVISOR STROUGH- And what I just said could that be one of the criteria we could ask the Planning Board? TOWN COUNSEL, SCHACHNER- It could but again, I’m going to reiterate, I think that’s something of the criteria and already of site plan review. SUPERVISOR STOUGH- Okay. COUNCILMAN FERONE- Town Counsel, my experience with site plan reviews, often it has to do with issuing a special use permit for a specific length of time, two years, three years. I can’t remember if we ever approved a special use permit that went on without the applicant coming back for another review. TOWN COUNSEL, SCHACHNER- I’m pretty sure that has happened and actually I think that happens more often than not. You are correct, that there are times when the Planning Board issues an approval for a finite amount of time, but I think, more often than not, it’s not a finite amount of time. Keeping in mind, and I’m speaking generically now, not specifically about this proposed definition and new use, keep in mind that many times a special use permit and/or site plan review is issued and then somebody builds something. Sometimes spending a lot of money to build something and when that happens, it’s highly unusual for there to be a time limitation because what happens if after say, two years, the approval is not renewed? What do they do, tear that something down? That sort of runs afoul of the principle of vested rights. So, that’s pretty unusual, that’s the exception rather than the norm, but it definitely does happen. SUPERVISOR STROUGH- I have a question for you, Town Counsel, too. Do we need to ascertain whether we are more comfortable, if we are comfortable with the use going forward, REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 388 that A. we site plan review or should be make up our minds now if we want site plan review or special use permit before we do SEQRA, or should we wait until after SEQRA. TOWN COUNSEL, SCHACHNER- I think it’s probably more appropriate to decide before you conduct SEQRA review whether we’re talking about a local law that says that the allowable use would be subject to special use permit and site plan review or just site plan review. I don’t know that it will change your SEQRA review, but I think it’s important that the SEQRA review be done on the basis of what is actually being considered and you should be considering something, not an either/or. SUPERVISOR STROUGH- Alright, Town Board thoughts on this matter, site plan review verses special use permit? COUNCILMAN FERONE- For me John, based on the feedback, not only tonight, but in the previous meeting there was a lengthy discussion then too, I think I’d be comfortable with special use permit. SUPERVISOR STROUGH- Okay. COUNCILMAN FERONE- …the Planning Board that notice that they need to take an extra hard look at a project. TOWN COUNSEL, SCHACHNER- And the original proposal was special use permit and site plan review. I think most of our special use permits are subject to site plan review. Is that what we’re talking about now? SUPERVISOR STROUGH- Yes. TOWN COUNSEL, SCHACHNER- Okay. SUPERVISOR STROUGH- Tony, want to include special use permit? COUNCILMAN METIVIER- Yes, please, yes. SUPERVISOR STROUGH- Tim? COUNCILMAN MCNULTY- I would, as well. SUPERVISOR STROUGH- Harrison? COUNCILMAN FREER- Fine with me. SUPERVISOR STROUGH- Alright, Town Counsel, site plan review with special use permit. TOWN COUNSEL, SCHACHNER- Other way around, but yes. SUPERVISOR STROUGH- Alright, special use permit with site plan review. TOWN COUNSEL, SCHACHNER- That is correct. SUPERVISOR STROUGH- Okay, so let’s move to SEQRA. I’ll close the public hearing. PUBLIC HEARING CLOSED FULL ENVIRONMENTAL ASSESSMENT FORM PART 2 – IDENTIFICATION OF POTENTIAL PROJECT IMPACT REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 389 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1.D.1) If “yes”, answer questions a-j. If “No”, move on to Section 2. _X__No ____Yes 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 on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2g) If “Yes”, answer questions a-c. If “No”, move on to Section 3. __X__No ____Yes 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). (See Part 1. D.2, E.2h) If “Yes”, answer questions a-l. If “No”, move on to Section 4. __X__No ____Yes 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a-h. If “No”, move on to Section 5. __X__No ____Yes 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If “Yes”, answer questions a-g. If “No”, move on to Section 6. __X__No ____Yes 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1.D.2.f., D,2,h, D.2.g) If “Yes”, answer questions a-f. If “No”, move on to Section 7. __X__No ____Yes 7. Impact on Plants and Animal The proposed action may result in a loss of flora or fauna. (See Part 1.E.2 m-q.) If “Yes”, answer questions a-j. If “No”, move on to Section 8. _X__No ____Yes 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) If “Yes”, answer questions a-h. If “No”, move on to Section 9. __X__No ____Yes 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in short contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.1.A, E.1.b, E.3.h). If “Yes”, answer questions a-g. If “No”, go to Section 10. __X__No ____Yes 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1.E.3.e, f. and g.) If “Yes”, answer questions a-e. If “No”, go to Section 11. __X__No ____Yes 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 any adopted municipal open space plan. (See Part 1.C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a-e. If “No”, go to Section 12. __X__No ____Yes REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 390 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1.E.3d) If “Yes”, answer questions a-c. If “No”, go to Section 13. __X__No ____Yes 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. (See Part 1.D.2.j) If “Yes”, answer questions a-g. If “No”, go to Section 14. __X__No ____Yes 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.2.k) If “Yes”, answer questions a-e. If “No”, go to Section 15. __X__No ____Yes 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a-f. If “No”, go to Section 16. __X__No ____Yes 16. Impact on Human Health The proposed action may have an impact on human health from exposure To new or existing sources of contaminant. (See Part 1.D.2.q., E.1.d.f.g. and h.) If “Yes”, answer questions a-m. If “No”, go to Section 17. __X__No ____Yes 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1.C.1, C.2. and C.3.) If “Yes”, answer questions a-h. If “No”, go to Section 18. __X__No ____Yes 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1.C.2, C.3, D.2, E.3) If “Yes”, answer questions a-g. If “No”, proceed to Part 3. __X__No ____Yes RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 1 OF 2021 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED, “ZONING” TO REVISE §179-2-010(C) "DEFINITIONS" AND TABLE 2: SUMMARY OF ALLOWED USES IN RESIDENTIAL DISTRICTS RESOLUTION NO.: 55, 2021 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 1 of 2021 entitled, “A Local Law Amending Town of Queensbury Zoning Law to Establish Tree, Arborist and/or Landscape Service Regulations” to allow for the addition of Tree Service/Landscape Company uses as allowed by Special Use Permit and Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts, and REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 391 WHEREAS, before the Town Board may amend the Zoning Code, 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 Code, and WHEREAS, zoning code changes may be forwarded to the Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and the Town made the referral, and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with §239-m of NYS General Municipal Law and the Town duly made the necessary referral, and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption and the Town duly made the necessary referral, and WHEREAS, by letter of January 8, 2021, the Adirondack Park Agency advised that it reviewed and has approved the proposed Zoning Code amendments pursuant to the terms of the Town’s Agency-Approved Local Land Use Program, and WHEREAS, on or about January 5, 2021 the Warren County Planning Department considered the proposed Local Law and determined that it would have no County impact, and WHEREAS, on or about January 19, 2021 the Town Planning Board considered the proposed zoning change and did not identify any significant adverse impacts that cannot be mitigated, and WHEREAS, the Town Board duly conducted a public hearing concerning proposed Local Law thth No.: 1 of 2021 on January 11 and again on January 25, 2021, 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.: 1 of 2021 as well as potential impacts of certain related changes to the Town’s Comprehensive Plan and finds that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law, and REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 392 WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2021 as presented at this meeting, hereinafter referred to as the “legislation,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to the Town Zoning Code will not result in any large or important detrimental impacts and will not have a significant adverse impact on the environment, and therefore declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration - Notice of Determination of Non-Significance for this action, and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 1 of 2021 to amend Queensbury Town Code Chapter 179, “Zoning,” entitled, “A Local Law Amending Town of Queensbury Zoning Law to Establish Tree, Arborist and/or Landscape Service Regulations” to allow for the addition of Tree Service/Landscape Company uses as allowed by Special Use Permit and Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts as substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 1 of 2021 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 hereby authorizes and directs the Town Clerk to submit approved Local Law No.: 1 of 2021 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 REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 393 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. th Duly adopted this 25 day of January, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None LOCAL LAW NO. 1 OF 2021 A LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW TO ESTABLISH TREE, ARBORIST AND/OR LANDSCAPE SERVICE REGULATIONS Be it Enacted by the Queensbury Town Board as Follows: Section 1. Authority – This Local Law is adopted in accordance with New York Town Law Article 16 and the Municipal Home Rule Law. Section 2. Amendment of Section 179 “Zoning” – Chapter 179 of the Queensbury Town Code, entitled “Zoning,” is hereby amended to establish Tree, Arborist and/or Landscape Service regulations and Table 2 is hereby revised to provide for said use as an allowable use subject to a Special Use Permit and Site Plan Review as noted below. A. Definitions. §179-2-010(C) is hereby amended to add the following definition: TREE SERVICE/LANDSCAPE COMPANY - A business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases and provide fertilization services. On-site administration and sales office, storage and maintenance of company equipment, temporary storage of by-products created by business such as logs or wood chips may be included in this use. On-site processing, such as cutting, trimming, milling, chipping and grinding is not included in this use. B. Table 2: Summary of Allowed Uses in Residential Districts, is hereby amended to add “Tree Service//Landscape Company” as permitted by Special Use Permit in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts. Section 3. Severability –The provisions of this Local Law are severable. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall apply only to the clause, sentence, paragraph or provision adjudged invalid and shall not invalidate any other clause, sentence, paragraph or part thereof and the rest of this Local Law shall remain valid and effective. REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 394 Section 4. Repealer – 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 5. Effective Date – This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. **SEE LAST PAGE FOR TABLE** 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN) 4.0 RESOLUTIONS RESOLUTION REAPPOINTING SCOTT SORGER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.: 56, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with the New York State Real Property Tax Law, and WHEREAS, the term of Board of Assessment Review Member Scott Sorger recently expired and Mr. Sorger has expressed interest in being reappointed to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Scott Sorger to serve as a th member of the Queensbury Board of Assessment Review with his term to expire September 30, 2025 in accordance with New York State Real Property Tax Law §523. th Duly adopted this 25 day of January, 2021, by the following vote: REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 395 AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED “LOCAL LAW TO AMEND CHAPTER 179 ‘ZONING’ OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC)” AND AMEND TOWN ZONING MAP RESOLUTION NO.: 57, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Apex Capital, LLC submitted a zoning change application to the Queensbury Town Clerk’s Office on July 11, 2019 requesting a change of zoning district from Moderate Density Residential (MDR) to Recreation Commercial (RC) on Tax Map Parcel Nos: 315.5-1-3.2 and 315.5-1-2 to allow for the expansion of the West Mountain Ski Area parking lot, and WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application for the expansion of the West Mountain Ski Area parking lot, construction of a zip line attraction and approval of an existing mountain biking venue, and WHEREAS, by Town Board Resolution No.: 269,2019, the application for zoning changes was forwarded to the Town Planning Board for SEQRA review and recommendations in accordance with §179- 15-040 of the Town Zoning Ordinance, and WHEREAS, on December 22, 2020 the Town Planning Board issued a SEQRA Negative Declaration on both the proposed site plan and proposed zoning change, and WHEREAS, on December 22, 2020 the Town Planning Board issued a favorable recommendation to the Town Board regarding the proposed zoning district changes, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2021 to Amend Chapter 179 “Zoning” of Queensbury Town Code to amend its Zoning Map on Tax Map Parcel Nos: 315.5-1- 3.2 and 315.5-1-2 from Moderate Density Residential (MDR) to Recreation Commercial (RC), and REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 396 WHEREAS, before the Town Board may amend its Zoning Map, 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 must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Director of Planning and, Zoning to forward copies of the proposed revised Zoning Map changes to the Warren County Planning Department for its review and recommendation, and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7: 00 p. m. on Monday, February 8, 2021 to hear all interested persons concerning proposed Local Law No.: ___ of 2021 which provides for certain amendments of the Town of Queensbury' s Zoning Map, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least ten (10) days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law § 265 and any other applicable State Laws or Town Code provisions, and REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 397 BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or the Town’s Director of Planning, Zoning and Code Compliance to take such other actions and give such other notices as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: ____ of 2021. th Duly adopted this 25 day of January, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2020 TOWN BUDGET RESOLUTION NO.: 58, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2020 Town Budget as follows: To Code Appropriation Code Appropriation $ Increase Revenue 232-0000-52680 Insurance Recovery 57,580 REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 398 Increase Appropriation 232-8310-2899 Capital 57,580 Construction th Duly adopted this 25 day of January, 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None SEQRA- MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION REGARDING DRAINAGE IMPROVEMENTS TO ALLEVIATE FLOODING CONDITIONS ALONG STATE ROUTE 9 Short Environmental Assessment Form Part 2 – Impact Assessment 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No 2. Will the proposed action result in a change in the use or intensity of use of land? No 3. Will the proposed action impair the character or quality of the existing community? No 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No 7. Will the proposed action impact existing: a. public/private water supplies? No B. public/private wastewater treatment utilities? No 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No 11. Will the proposed action create a hazard to environmental resources or human health? No RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION REGARDING REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 399 DRAINAGE IMPROVEMENTS TO ALLEVIATE FLOODING CONDITIONS ALONG STATE ROUTE 9 RESOLUTION NO.: 59, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury and the New York State Department of Transportation wish to enter into a Memorandum of Understanding (MOU) to formalize their respective obligations relating to drainage improvements to be made on land located at 1 Rudley Drive, Queensbury and identified as Tax Map Parcel No.: 302.10-1-18 (Site) to alleviate icing/localized flooding conditions along State Route 9 proximate to the Site, and WHEREAS, a proposed MOU is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the proposed MOU contemplates activities that constitute an Unlisted Action for purposes of the State Environmental Quality Review Act (SEQRA) and, after undertaking uncoordinated review and after a thorough analysis of the proposed Action, the Queensbury Town Board hereby finds that no significant environmental impacts are likely to result and hereby adopts a SEQRA Negative Declaration, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Memorandum of Understanding Between Town of Queensbury and New York State Department of Transportation (MOU) substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Memorandum of Understanding and any other needed documentation, and the Town Supervisor and Town Clerk to take any other needed actions to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 400 th Duly adopted this 25day of January, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 01262021 RESOLUTION NO.: 60, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 01262021 with a run date of 01/21/2021 and a payment date of 01/26/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 01262021 with a run date of 01/21/2021 and a payment date of 01/26/2021 totaling $463,798.14, 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. th Duly adopted this 25 day of January, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 401 WATER EQUIPMENT CAPITAL RESERVE #78 RESOLUTION NO.: 61, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury’s Water Superintendent has requested Town Board approval to withdraw and expend funds from Water Equipment Capital Reserve No.: 78 toward the Water Department’s purchase of:  four (4) variable frequency drives model #ABB ACS550 equipped with disconnect switches and fuses in a NEMA 12 Enclosure Rated for a 1.5 HP Motors, 480 Volts and rated for 3.3 continuous amps for flocculators to replace variable frequency drives installed in 1995 which are beyond their useful life; and  a 3 phase, 460 volt, 6 horsepower, 3550 rpm submersible grinder back-up pump model: Flyght MP-3102.170 for the recycling of lagoon water; for an amount totaling approximately $10,200, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Water Equipment Capital Reserve No.: 78 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Town Water Superintendent’s purchase of the items delineated in the preambles above are expenditures for a specific capital project and/or certain maintenance projects for which the Water Equipment Capital Reserve Account No.: 78 was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer from Water Equipment Capital Reserve No.: 78 in the amount of $10,200 to Account No.: 040 8320 2001 to fund such purchases, 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, Water Superintendent and/or Budget Officer REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 402 to take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 25 day of January, 2021, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT: None 5.0 CORRESPONDENCE-NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) LISA ADAMSON- Spoke regarding climate crisis and asked the Board for help and support on the subject. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE (WARD III)-Spoke regarding the radar speed signs. Shared the most recent report with the Board. Happy to say they are working. COUNCILMAN MCNULTY (WARD IV)- Spoke regarding short term rentals. COUNCILMAN METIVIER (WARD I)- Nothing to report. COUNCILMAN FREER (WARD II)-  Spoke regarding road safety and recent requests for sidewalks and crosswalks. Will continue to work with Supervisor Strough, Councilman Ferone and Highway Superintendent, Dave Duell on the subject.  Inquired whether Look TV is televising the Town Board Meetings now that they are being conducted via Zoom. Supervisor Strough confirmed that they are.  Spoke regarding water issues on Foster Avenue. SUPERVISOR STROUGH-  Read a statement from Caroline Barber, Receiver of Taxes regarding options for method of payment of 2021 Town and County taxes due to COVID 19.  The pandemic did not hurt construction in the Town as shown by Building and Codes 2020 yearly report.  Spoke regarding the Lake George Park Commission 2020 Lake George Aquatic Invasive Species Prevention Program. This program is very successful.  Thanked all for attending the meeting tonight. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 62, 2021 REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 403 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 25th day of January 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I REGULAR TOWN BOARD MEETING, 01-25-2021, MTG #5 404 ZONING Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table MDR NR WR LC-42 PR-42 RR-5 Private school SPR SPR SPR Produce stand less than 100 square feet PU PU PU PU PU PU Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR Riding academy SPR SPR SPR 4 Sand, gravel and topsoil extraction, SUP commercial Sawmill, chipping or pallet mill SUP SUP 2 Single-family dwelling PU/SPR PU PU PU PU PU Sportmen's club/firing range SUP Townhouse SPR SUP Tree Service/Landscape Company Veterinary clinic SPR SUP SUP Water extraction SPR 1 Allowed within Mobile Home Overlay District; additional regulations apply. 2 Site plan review required for properties within the Adirondack Park. 3 More than one duplex per parcel requires site plan review. 4 Limited to parcel sites of 25 acres or greater. 5 Class A Marinas not allowed on Glenn Lake, Sunnyside Lake and Dream Lake. 179 Attachment 2:3