02-08-2021 MTG#6
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 405
REGULAR TOWN BOARD MEETING (ZOOM) MTG#6
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FEBRUARY 8, 2021 RES# 63-74
7:00 P.M. B.H. 7-8
L.L. 2
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
MARK SCHACHNER, ESQ.
PRESS
LOOK TV, POST STAR, STEVE THURSTON (ZOOM)
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE
SUPERVISOR STROUGH-Called meeting to order….
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 63, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and
enters into the Queensbury Board of Health.
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Duly adopted this 8 day of February, 2021 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT:None
CONTINUATION OF PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE
APPLICATION OF JOHN AND MARY JO SABIA
SUPERVISOR STROUGH-John and Mary Jo Sabia who have a place on Glen Lake were to
revamp a few things and come back with something that wasn’t asking for as many variances. I
said that we would leave the public hearing open and not take action until they came back. They
haven’t come back with a plan yet. Having said that, is there any member of the public with us
today who would like to speak to the John and Mary Jo Sabia Sewage Disposal Variance
Application?
NO PUBLIC COMMENT
PUBLIC HEARING TO REMAIN OPENED
PUBLIC HEARING ON SWAGE DISPOSAL VARIANCE APPLICATION OF ROGER
AND JOYCE RUBRECHT
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PUBICATION DATE: JANUARY 29, 2021
AGENT DENNIS MACELROY – ENVIRONMENTAL DESIGN PARTNERSHIP, LLP
SUPERVISOR STROUGH-Reviewed application before opening public hearing. Asked Dennis
MacElroy to explain the need for the application.
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 406
COUNCILMAN MCNULTY-Questioned the sheet noting there are eight variances. Questioned
if numbers seven and eight the absorption fields does that require a variance.
DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP-Yes. The parcel in
question is about an eight thousand square foot lot. The Rubrechts have acquired this property
through a family transfer and hope to move there. We did an initial inspection of the existing
system and found that there were some problems with that. They have asked me to come up
with some plan of a system that would be a good replacement system for that property. We have
shown the system being a Clarus Enhance Treatment Unit. The effluent would flow into a pump
tank, which would have a UV light unit within it so that we get disinfection of that effluent
before it is pumped to a bed distribution area on the southern side of the property that would be a
pressurized distribution system. We have tried to maximize the efficiency and treatment of the
effluent we cannot avoid several variance conditions as you have listed. John just to clarify.
There is as Tim indicated variances seven and eight. Somehow, that was missed in the initial
meeting. I called Rose the next day and identified those and she made whatever corrections. I
think your paperwork should reflect that. I think Counsels Office might have been conferred
with on just the fact that it wasn’t mentioned at that previous meeting.
SUPERVISOR STROUGH-Dennis I was reading from my old one. You are right. If I look at
the new one because all my notes are on the old one. There is seven. Absorption field six foot
from the south property line in lieu of the required ten-foot setback. Eight. Absorption field five
feet from the dwelling in lieu of the required twenty-foot setback. There are eight variances
being requested. Thank you for the correction.
MR. MACELROY-That is primarily related to two wells. One well that serves this lot itself. It
is located in the southeasterly corner of the property. There is a neighboring well on the Lejuez’s
property to the immediate west. Because we got these, various components…the treatment tank,
pump tank and the field itself…horizontal setback variance. It adds up, but is all related to the
same two wells. That is the reasons why we have added and made part of the system an
enhanced treatment unit. Clarus Fusion 450 and the UV light system within in this case
contained within the pump tank. That is the mitigation measures that we are proposing to be able
still have an in ground system on the property. We tried to position that disbursal field, which is
on the southern portion of the lot between the house and that little stub street Cherry Tree Lane.
We tried to maximize the distance from the neighboring well and from the well on the property
itself. I would note the Lejuez’s well is about six hundred feet deep. The well on this property is
four hundred and eighty feet deep. Typical Assembly Point wells that are very deep. These two
are classic examples of what you need to do to have a drilled well on Assembly Point. That is
where all these different variances come into play. Setbacks to property lines. Setback to
foundation. That is why it totals the eight that we have, which is admittedly a big number. This
is because we have the three different components that each are dealing with the required
setbacks that exist.
COUNCILMAN FERONE-Sorry I did not get up there to meet with you today. A couple
questions. You mentioned that the Rubrecht’s are planning to move into this home. Is this
seasonal or year round.
MR. MACELROY-Year round.
COUNCILMAN FERONE-I had a conversation with John a little bit earlier. I know I had some
concerns with one absorption field that is thirty-seven feet from the required one hundred
setback. You mentioned the ultraviolet. They are so close here….backup do these…fields ever
fail. If they did how would the homeowner, know that the effluent is not being affected by the
ultraviolet that it should be?
MR. MACELROY-There is an alarm system on the UV light unit, which would be tied back into
the control system in the house. There would be an alarm signal that would be activated.
COUNCILMAN FREER-What if they had a power outage. How is that handled?
MR. MACELROY-If there is a power outage the pumps would not operate. The water supply
would not operate. You would not be generating water that would then be discharged through
the treatment system. All these components. The Clarus Fusion Unit. The pump system. The
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 407
UV light are all-dependent on electricity. If that goes most importantly the water supply itself
would not be from the drilled well. In this particular case, this is served by the Shore Colony
Water District. Seasonally there could be water supplied through that system if they so choose to
use. It is typical many of the houses on Assembly Point or in this district I should say, in the
Shore Colony District are connected. In that particular case you could potentially have the
situation where that water supply is still active not potentially affected by the power outage.
Then your discharge system so you would have an alarm mechanism that could also shut off
your water supply. That is typically done with holding tank systems as you probably remember.
If an alarm condition occurs, then there is a cutoff of the water supply.
COUNCILMAN MCNULTY-Dennis do you want to comment that the third or fourth bedroom
that we discussed earlier.
MR. MACELROY-Evidently the assessment records list a four-bedroom house. These owners
when I discussed this design with them indicated three bedroom that is what they were familiar
with. There is a space in the second level. It is a dormered space that probably is what was
considered a fourth bedroom. They certainly are willing to make any condition of approval that
would make it a three-bedroom house and only used as a three-bedroom house. That space is
upstairs space. It is finished, but it is like a finished attic, which is used primarily for storage. If
there needs to be a condition of approval that prohibits that being used as a bedroom then so, be
it. They are certainly willing to make that commitment.
COUNCILMAN FERONE-Dennis another thing we talked about with the other system. Most of
these systems require some form of maintenance. If there something inside the mechanism when
the electricity is out the system does not operate. That would give the owners some type of
signal that they have to have the maintenance done so the system is working most optimally the
way it is supposed to be.
MR, MACELROY-The Clarus Unit being an enhanced treatment unit does come with a
Maintenance Agreement with the supplier. That is something that results in an annual inspection
of the system. A system like this would have alarm mechanisms. If the flow wasn’t being
pumped if there was a power outage again then the alarm mechanism would work to that. The
Maintenance Agreement, which does require an inspection of the system on an annual basis,
when those are first purchase the Clarus happens to come with a four year Maintenance
Agreement built into the initial purchase of the system. It is something that has to be continued
and the property owner would have some fee that they would pay on an annual basis to receive
that inspection by the manufacturer. That is something that has to be conditioned that ongoing
maintenance be provided by the manufacturer’s representative.
COUNCILMAN FERONE-Thank you.
SUPERVISOR STROUGH-Any additional questions for the Board before I ask the public if
they would like to speak to this?
COUNCILMAN FREER-John my concern is the separation from the unit to the neighboring
well. If the occupant or current owner has a problem with the system, they will know they will
get the alarm. We are pretty close to another well. There is no mechanism for that person to
know that the UV light has burned out. It is now more risky to his well or the neighboring well.
If the UV light burns out the owner will know. If they are not around or they neglect it not this
owner, but another owner it doesn’t seem to me that we do not have much protection for the
other neighbors well as we move forward.
SUPERVISOR STROUGH-The other thing too, if this become a short-term rental and they are
going to maximize four bedrooms on a system that was not designed for four bedrooms that is a
concern, too. Anyone else on the Board, anyone in the audience like to speak to this?
PUBLIC HEARING OPENED
SUPERVISOR STROUGH-Joyce writes. We will be using the space that was used as a
bedroom in the attic as only an attic. We need that space for storage, as there isn’t much storage
in the house. That is probably you Joyce. If you were to sell, the place and it were to become a
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 408
short-term rental would they abide by that as well. I am not sure. Any other member of the
attendees at tonight’s Town Board Meeting wish to speak to this application?
DEPUTY TOWN CLERK O’BRIEN-Read the following into the record regarding Roger and
Joyce Rubrecht Sewer Variance Application. Letter from Paul Schonewolf received February
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5, 2021. (On file in Town Clerk’s Office)
Kathy and I are in favor of making variance adjustments to permit installation of new septic
system, which will benefit all of the neighbors.
Email received February 2, 2021 from Timothy Bechard (on file in Town Clerk’s Office)
We are writing in support of the application for the septic upgrade for the property owned by
Roger and Joyce Rubrecht located at 33 Honeysuckle Lane, Lake George, NY.
Email received January 3, 2021 from Jeffrey Lejuez (on file in Town Clerk’s Office)
I am the owner of the property, adjacent to the above property. I fully support the Rubrecht’s
upgrading the existing septic system in the location indicated on the plans to the easterly line of
my property. Thank you.
SUPERVISOR STROUGH-Town Counsel did you have anything?
TOWN COUNSEL, SCHACHNER-My concern was already addressed.
SUPERVISOR STROUGH-Okay.
MR. MACELROY-John can I just add that those three comment letters came from the three
immediate neighbors. One that is across the street from Honeysuckle. One that is directly to the
north. The property directly to the west, which is the property that contains the neighboring
well. That was the last comment the letter that Karen read that Jeff Lejuez. He was in
agreement, but Harrison’s point is well taken. It does require the upkeep of any of the
mechanical systems. That is true for any system that we propose and have installed. This one
happens to involve variances so this makes it a little more sensitive.
COUNCILMAN MCNULTY-Dennis his well is six hundred and eighty feet below.
MR. MACELROY-Six hundred feet deep is what he reported to us.
COUNCILMAN MCNULTY-What was his comment. That nothing is ever going to get down
that low or something?
MR. MACELROY-That was his remark to us. Obviously, we still have to provide mitigation
measures to protect and to have reasoning for granting variances.
SUPERVISOR STROUGH-It is eight variances. That bothers me, I am kind of on the fence
here. On the other side, though I think you designed as about an efficient system as you could
possibly design especially given the constraints of the size of the lot. You are putting in a Clarus
Fusion 450. You are putting in the ultra violet system so that will kill any pathogens before they
enter the soil anyways. You have stone absorption field. You have the pressurized system. It is
not on the lake. So that the public knows this is towards the center of Assembly Point. There are
a lot of mitigating circumstances. Nevertheless, it is eight variances. The two that bother me the
most are the proximity to the well. On the other side, the wells are very very deep, as I
understand they have to be on Assembly Point. They are incased. I do not know. Help me out
here Board.
COUNCILMAN FREER-I think they did a good job. We talked before about the hundred feet
and how that….systems are starting to push the…of that. Especially the fact that it is not near
the lake. I would support it.
COUNCILMAN MCNULTY-I think the plan that they put together mitigates the concerns. I
would support it as well.
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 409
COUNCILMAN FERONE-I would support this. We had three emails from neighbors who are
supportive of this. That usually gives me pause when the neighbors have a problem they do not.
They seem to be familiar with the situation so I would say I would approve it also.
COUNCILMAN METIVIER-Dennis can I ask you a question. Where the house is going up are
they keeping the existing well or they moving that?
MR. MACELROY-The house that is going up the Shard house does not have a drilled well.
COUNCILMAN METIVIER-They do not.
MR. MACELROY-It is seasonal on the Shore Colony System.
COUNCILMAN METIVIER-That one on the corner?
MR. MACELROY-The new house that is being built now.
COUNCILMAN METIVIER-On the corner.
MR. MACELROY-On the corner of North Lane and Honeysuckle.
COUNCILMAN METIVIER-They don’t have a drilled well.
MR. MACELROY-Not at this time. If they do, I know John asked that question when we were
out there today. I didn’t offer this. I know in talking with them that if they do have a well it
would be in the front west corner of that property. Currently that house will be served by
seasonal water. That is their intent of the use of the property. They are a retired couple that will
be here seasonally.
COUNCILMAN METIVIER-I have a feeling eventually it will all…. We have no recourse with
these well drillers do we. They can pop it anywhere that they want right.
MR. MACELROY-That is a weak point of the regulations. I have discussed this with the
property owners a number of times in general. There is not a permitting process for a well. If
you have an existing property, you have an existing septic system, and you are not subject to that
review then you could have a well driller come out and drill a well. While they should be
mindful of separation distances to your septic system or a neighbor’s septic system that does not
always, happen. On smaller lots, there is not much you can do about it. If the reverse is the case,
where an owner is seeking a replacement wastewater system and there are existing wells those
always have to be identified through the permit process. The reverse isn’t true. Anybody can
drill on their property without a Town permit.
SUPERVISOR STROUGH-Anything else Tony?
COUNCILMAN METIVIER-No I am good thank you.
SUPERVISOR STROUGH-The loose end is the three bedroom verses the four-bedroom thing.
The assessment of the house calls it a four bedroom. The system is designed for three bedrooms.
They say that the other space, which is on our assessment as a fourth bedroom is not a bedroom.
They are saying it is an attic for storage. Can we base our approval that the attic space as
discussed today never be used for a bedroom? How can we prove that if we do? I am having
trouble with that.
TOWN COUNSEL, SCHACHNER-I can offer a comment. I don’t know if it is persuasive.
You asked a two-part question. I am paraphrasing. Can we approve it as three bedroom not a
four bedroom? Approve it meaning presumably with a disposal system. Number two, how do
you police it? Decent answer to the first question. Lousy answer to the second part of the
question. The first part, I jotted as a possible condition as a new resolve. Resolved, that this
approval is for use of the property for a three bedroom residence only. It is easy to put that in the
Resolution. The second part of your question is how can we police it. That is one of the age-old
nightmares in our experience at least nightmares of enforcement. Does Dave Hatin show up, see,
and say, hey, I am here to look at the attic. That is a tough scenario.
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 410
COUNCILMAN FREER-The solution to that John I think is to require a four-bedroom system it
might be more expensive. It might even need more variances is that right Dennis?
MR. MACELROY-Correct. You would have to expand the absorption bed area by twenty five
percent. That just was maybe stretching it beyond what I felt was reasonable.
COUNCILMAN MCNULTY-Dennis…absorption field for the four bedrooms.
MR. MACELROY-It would just draw it closer to either of the wells. Primarily in this case
where the field is located the well on the property.
COUNCILMAN FERONE-I think the best we can do is I like the recommendation from Counsel
to add that Whereas. I mean you can say it is for short-term rentals. If this turned into a short-
term rental, it would be based on the number of cars there. I think Dave could tell whether it is
being abused.
SUPERVISOR STROUGH-What we use for a short-term rental is we use our assessment page.
We go to the assessment page. It says four bedrooms. All right, you allowed two people per
room. You are allowed so many cars based on the bedroom. I would like to ask the owner that
they go to the Assessment Office and try to get them to try and change the assessment to a three-
bedroom assessment. That way it is clear as we go forward. If this is an attic area and doesn’t
have a closet and so forth, perhaps it should not be listed as a bedroom in the first place. We do
come across these number of bedroom issues quite frequently. Town Counsel is that something
we could add to the Whereas. Whereas, only three bedrooms are ever to be used. The owner has
to make an effort to go to the Assessor’s Office and have it changed to a three-bedroom
residence. It might be better for the taxes. In order for us to keep track of what is going on that
might be a record of it.
TOWN COUNSEL, SCHACHNER-I think Councilman Ferone characterized my suggestion as
added a Whereas. Just so I am clear, I am not proposing to add a Whereas. I am proposing to
add one or two Resolves towards the end of the resolution. I already read one that you could add
if you want to condition the approval on use of the three bedroom. The answer to John’s
question is. Yes, we could. I just jotted it down. Be it further, Resolved, that the Assessor shall
be asked to review the classification of the residence and change it from four bedrooms to three
bedrooms. Understand that the reason I wrote it that way the Assessor shall be asked. I will
change that to shall be requested. What is says, is requested to the Assessor has her own
discretion. We cannot tell the Assessor change the assessment change the data to reflect three
bedroom verses four bedroom. We can only make the request and condition the approval on that
request being made. If you want to take that, a step further I am not saying to do this it is up to
the Board. If you want to take that a step further and really want to make it a binding condition
then we would simply say, that it is conditioned on the Assessment classification being modified
from four bedroom to three bedroom. If the Assessor does that then that condition is fulfilled. If
the Assessor does not do that then the condition is unfulfilled and the variance is not valid.
SUPERVISOR STROUGH-I like that.
COUNCILMAN MCNULTY-….in the future…I want to change this back to four-bedroom
correct.
TOWN COUNSEL, SCHACHNER-Yeah, except the Assessor would be aware of this approval
and might be hesitant to do that. The answer Tim is yes, but the Assessor would be aware of this
approval and perhaps would be hesitant to do that.
COUNCILMAN MCNULTY-Thank you.
SUPERVISOR STROUGH-If it ever become a short-term rental we have three bedrooms on
record. That is going to limit the number of people in that house. These is what we use to make
our Assessment of how many people are allowed to stay that as a number of bedrooms. Let’s
make the resolve clear. If you are happy with that, I will ask for approval based on the resolve.
TOWN COUNSEL, SCHACHNER-Karen did they close the public hearing?
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 411
DEPUTY CLERK O’BRIEN-No not yet.
COUNCILMAN FREER-John, Joyce has written something else. You might want to read it into
the record in the Chat.
SUPERVISOR STROUGH-Joyce says we will be happy to comply with any measures you wish
to attach to this application. Any Whereas or Resolve is fine. We have no interest in renting the
place. We are fine with the Assessor in resolving this problem. Would you read to the Town
Board the resolved, the version that makes it approval based on the owner obtaining a three-
bedroom assessment? In other words, the Assessor will have to go and review that again.
TOWN COUNSEL, SCHACHNER-I am proposing to add two new Resolved paragraphs. The
first Resolved starts on page two. Now therefore be it Resolved, items one and two. The second
one is be it further Resolved then it list the eight variances. Then right after that, I am suggesting
a third resolve paragraph that would read. Be it further Resolved, that this approval is for use of
the property for a three-bedroom residence only and is so conditioned. Then I am suggesting
then there would be added a fourth. Be it further Resolved, that this approval is conditioned on
assessment classification of the residence being changed from four bedroom to three bedroom.
SUPERVISOR STROUGH-That sounds good to me. Town Board?
COUNCILMAN FERONE-Sounds good.
SUPERVISOR STROUGH-The rest of the Resolved is just outlined. Resolved, three and four
added as described by Town Counsel.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES OF
ROGER AND JOYCE RUBRECHT
RESOLUTION NO.: BOH 7, 2021
INTRODUCED BY: Mr. Tim McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Roger and Joyce Rubrecht (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a:
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;
6. Absorption field 4’ from the west property line in lieu of the required 10’ setback;
7. Absorption field 6’ from the south property line in lieu of the required 10’ setback;
8. Absorption field 5’ from the dwelling in lieu of the required 20’ setback;
on property located at 33 Honeysuckle Lane Road in the Town of Queensbury, and
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 412
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
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variance requests on Monday, February 8, 2021, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Roger and
Joyce Rubrecht for variances from the Sewage Disposal Ordinance to install a:
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;
6. Absorption field 4’ from the west property line in lieu of the required 10’ setback;
7. Absorption field 6’ from the south property line in lieu of the required 10’ setback;
8. Absorption field 5’ from the dwelling in lieu of the required 20’ setback;
on property located at 33 Honeysuckle Lane Road in the Town of Queensbury and bearing Tax Map
No: 226.19-1-52, and
BE IT FURTHER,
RESOLVED, that this approval is for use of the property for a three-bedroom residence only
and is so conditioned, and
BE IT FURTHER,
RESOLVED, that this approval is also conditioned on assessment classification of the
residence being changed from four bedroom to three bedroom, and
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 413
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 review by the Adirondack Park Agency
during such period.
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Duly adopted this 8 day of February, 2021, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 8, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and
moves back into the Town Board of the Town of Queensbury.
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Duly adopted this 8 day of February, 2021 by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT:None
2.0 PUBLIC HEARING
PUBLIC HEARING PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING”
OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY
FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECRATION
COMMERCIAL (RC) AND AMEND TOWN ZONING MAP
PUBLICATION DATE: JANUARY 29, 2021
AGENT JON LAPPER, ESQ.
SUPERVISOR STROUGH-These two properties are properties that are already owned by Apex
the Corporate entity here. We know it better as the West Mountain Ski Center. There are two
parcels to the south. One has a house on it the parcel number is 315.5-1-3.2 and parcel number
315.5-1-2 they are currently Moderate Density Residential. They are asking us to rezone them to
be the same as the rest of the Apex and West Ski Centers properties, which is (RC) Recreation
Commercial. Zoning them as recreation commercial would allow them to expand any of the
related uses that are allowed in the recreational commercial zone, such as the Ski Center.
Anything that is related to the Ski Center in this case expanded parking I presume is what is
being asked for. It is not spot zoning it is an extension of the current zone that is being used in a
recreation commercial manner. The Town Planning Board has done a SEQRA review. They
have issued a SEQRA Negative Declaration on both the proposed site plan and the zoning
change. We are only concerned here about the zoning change. I know there are some residents
who are concerned about the potential impacts on their house, home or property. We are only
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 414
looking at the rezoning. Is what they are requesting reasonable and appropriate given all the
circumstances we are aware of. Some of the neighbors have said that they have this issue and
that issue. The Planning Board will be doing a site plan review. This is only before the Town
Board for a rezoning from Moderate Residential to Recreation Commercial. Any specific plan
would go before the Planning Board and the public again would have the opportunity to speak to
those more specific changes. Again, this had a SEQRA and the Planning Board did the SEQRA
and again a Negative Declaration meaning no major impacts were identified. They have in turn
consider the rezoning request and they have issued a favorable recommendation to the Town
Board on that matter regarding the proposed zoning district changes. Before we are allowed to do
any zone change, we, of course, are going to hold a public hearing in accordance with Town Law
265 the Municipal Home Rule Law and the Town of Queensbury Zoning Code. Also, I want to
mention that the Warren County Planning Department reviewed this proposal. We received
correspondence from them today. They believe that the rezoning would have no County impact.
Having said that I see the Agent for the Applicant is on board, Jon Lapper. He has his hand up
so I will allow him to talk.
ATTORNEY LAPPER-Just to elaborate on what the Supervisor said. Spencer Montgomery is
on. Jeff Anthony and Matt Huntington are on as well from Studio A Landscape Architecture and
Engineering. We have been before the Planning Board for probably close to a year on this. We
had Chazen sign off before we got to the recommendation for the rezoning. We addressed
buffering issues, berms. A lot of design issues to satisfy the Planning Board. We think that it is
in the Town’s interest because West Mountain is obviously important for recreation for
everybody in the Town. We think that there have been situations where during race days
especially where there has been overflow parking onto West Mountain Road, which is not good,
this should elevate that. It doesn’t make sense to have two residential properties right in front of
the parking lot anyway with the parking lot behind them and the road in front. I think this
has…pretty well at the Planning Board to get to this point. I have everybody on if there are any
questions.
SUPERVISOR STROUGH-Any questions from the Town Board to the applicant’s Agent.
COUNCILMAN MCNULTY-Over the weekend I went over to walk it. It is five hundred yards
away so it wasn’t that much of a task. I walked the ground. There were races going on. There
were cars. They were only parked on one side of the road this time. There has been weekends
when they are parked on both sides. It is definitely a public hazard. Behind the houses the land
they are talking about it is already cleared so we are not talking about taking down a number of
trees. Is that correct John?
ATTORNEY LAPPER-Yes.
COUNCILMAN MCNULTY-Our last meeting we had a couple of site maps. They talked about
the vegetation. They will be putting up around to try to screen it from the neighbors and also
reduce some of the noise. I would ask for the sake of the neighbors would Apex be willing to
just open up that extended lot on race days or on holidays? To use it as an overflow when
needed. On normal days, have it closed so there is not traffic.
ATTORNEY LAPPER-The reason that they rather not do that is that they see this as a good lot
for their employees. They want the guests to be able to park closer to the Lodge to be hiking in
their ski boots. They really do feel that this is going to get used a lot.
COUNCILMAN MCNULTY-By employees. So hopefully there…will be a lot of people
coming in and out. It could be disrupted to the neighbors.
ATTORNEY LAPPER-There could be situations where there would just be guest. Primarily
yes, employees.
SUPERVISOR STROUGH-Jon I understand that it has been discussed that the Montgomerys are
willing to try and mitigate the impacts on the neighbors by using vegetation, plantings, berms,
other things are possible. They are open to this I understand.
ATTORNEY LAPPER-Yes. We have been talking to the Planning Board about just those items
John.
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 415
COUNCILMAN FERONE-This has been around quite a while. I know it has to be a year or
more that John Strough and I were in his vehicle and we went by and talked about that property.
If my memory serves me correctly, is there a structure on that property?
ATTORNEY LAPPER-Yes.
COUNCILMAN FERONE-What are the plans for that?
ATTTORNEY LAPPER-Something will happen with that. They do not have any plans now. It
will get fixed up something will happen.
COUNCILMAN FERONE-Thank you.
COUNCILMAN FREER-My question is what is it worth for us to do this to the Organization
that is requesting it. My reason for asking that question is I keep thinking that we need some
better sidewalks. Yet nobody….have the money to do that. Here we have a Commercial
Company asking for a zoning change. My question is what can we negotiate that it would be
worth to the Commercial Company.
ATTORNEY LAPPER-Where do you want sidewalks Harrison?
COUNCILMAN FREER-Not that location. I am just saying that I would like some kind of
discussion about how we can fund safety of pedestrian safety near School Systems within the
Town of Queensbury, which nobody has been able to move up the priority list. I am not saying I
know exactly which sidewalk I would want to build. I am just saying that this commercial
venture is asking this Town to do something. My question is what is it worth to them.
COUNCILMAN MCNULTY-Have we asked other commercial venues to do this previously?
COUNCILMAN FREER-This is my understanding of an Association of Towns recommendation
on how do deal with shortfalls in rezoning requests from commercial operations.
COUNCILMAN MCNULTY-Thank you.
SUPERVISOR STROUGH-I do have correspondence and perhaps Karen has more. I am going
to open the public hearing. I have correspondence from Cynthia Bishop. In reference to the
rezoning of these two properties. Her residence is immediately to the south. She writes she does
support the success of the nearby business neighbor. We acknowledge the need for overflow
parking. We share many of the site-specific concerns previously expressed by other property
owners who live adjacent to the proposed parking lot expansion. Any additional comment we
have is more general in nature. The 2007 Comprehensive Land Use Plan lists ongoing action
items including making rezoning rare. Recommendation G.4 recognizes the need for businesses
and homeowners to be able to rely on what may or may not crop up next to them. We assume
Apex Capital purchased those two properties knowing their allowable uses as zoned. As an
option, the parking lot at the North West lodge, in our opinion, could be improved and used for
additional spaces that Apex Capital seeks. Using this option would avoid zoning law change and
thereby be more in line with Queensbury’s Comprehensive Land Use Plan. As Town Board
Members, please give much consideration to G.4 when deciding on rezoning of these parcels.
Cynthia Bishop lives at 37 West Mountain Road, which is immediately adjacent to these two
parcels. Are there any other correspondence Karen?
DEPUTY CLERK, O’BRIEN-No.
SUPERVISOR STROUGH-I will open the public hearing. Any member of the public wish to
speak to this rezoning application before us right now?
PUBLIC HEARING OPENED
NO PUBIC COMMENT
PUBLIC HEARING CLOSED
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 416
RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2021 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.: 64, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 2 of 2021
entitled, “A 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
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, 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
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 417
WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the
proposed Zoning Law amendments to the Warren County Planning Department on January 28, 2021
to obtain a recommendation from before enacting the legislation, and
WHEREAS, on or about February 8, 2021 the Warren County Planning Department
considered the proposed Local Law and determined that it would have no County impact, and
WHEREAS, the Town Board duly conducted a Public Hearing concerning adoption of Local
Law No.: 2 of 2021 on February 8, 2021, heard all interested parties and closed the public hearing,
and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposed Local Law, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2021 as
presented at this meeting, hereinafter referred to as the “legislation,”
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby 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.: 2 of 2021 to amend
Queensbury Town Code Chapter 179, “Zoning,” entitled, “A 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)” in substantially the
form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the approved Local Law No.: 2 of 2021 to the Town Planning
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 418
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.: 2 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
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 8 day of February, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
LOCAL LAW NO.: 2 OF 2021
A 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)
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS:
Section 1. Intent; Authority – The Town Board seeks to change the zoning district
designation of two (2) parcels of land from Moderate Density Residential (MDR) to Recreation
Commercial (RC). This Local Law is adopted in accordance with the New York State Municipal
Home Rule Law.
Section 2. Amendment of Zoning Map – The Town of Queensbury Zoning Map
referenced in Town Code §179-3-010 is hereby amended to reflect a zoning district change for two
(2) parcels of property on West Mountain Road from Moderate Density Residential (MDR) to
Recreation Commercial (RC), such properties bearing Tax Map Parcel numbers as follows:
315.5-1-2
315.5-1-3.2
Section 3. The map appended to this Local Law is hereby adopted as the official Town
Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
Section 4. Severability – The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 419
Section 5. 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. In particular, this Local Law is
specifically intended to supersede the amended provisions of the current Town of Queensbury
Zoning Law.
Section 6. 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
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3
MINUTES)
NO PUBLIC COMMENT
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING ACCEPTANCE OF $900 DONATION FROM JOHN
STROUGH FOR CONSTRUCTION OF
HALFWAY BROOK TRAIL SIGN
RESOLUTION NO.: 65, 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by prior Resolution, the Queensbury Town Board accepted and awarded the
bid for the construction of the Halfway Brook Trail from Aviation Road to Peggy Ann Road, and
WHEREAS, John Strough has offered to donate $900 to the Town of Queensbury for the
construction of signs to be erected at the Halfway Brook Trail, thanking the various supporters of
construction of the Halfway Brook Trail, and
WHEREAS, the Town Board is honored by this generous offer, feels that such donation will
benefit Town residents, and therefore wishes to approve and authorize such donation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in accordance with New York State Town
Law §64(8), hereby approves and accepts the $900 donation from John Strough, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 420
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit
the donation in such account she deems appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to send a certified
copy of this Resolution to Mr. Strough with a letter from the Town thanking him for his generosity.
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Duly adopted this 8 day of February, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
ABSTAIN:Mr. Strough
RESOLUTION AUTHORIZING ADDITIONAL ENGINEERING SERVICES PROVIDED
BY LABELLA ASSOCIATES, D.P.C. RELATED TO
UTILITY INFRASTRUCTURE (HVAC) IMPROVEMENTS PROJECT
RESOLUTION NO.: 66, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Timothy McNulty
WHEREAS, by Resolution No.: 483,2013, the Queensbury Town Board established the
Town Office Complex Improvements Capital Project Fund #203 for funding of certain improvements
at the Town’s Office Building Complex, and
WHEREAS, by Resolution No.:101,2018 the Town Board authorized engagement of
LaBella Associates, D.P.C. (LaBella) for professional engineering services related to the design and
implementation of utility infrastructure/HVAC improvements at the Queensbury Town Hall and
Activities Center (Project) for the amount of $50,000, and
WHEREAS, by Resolution No.: 50,2019 the Town Board authorized LaBella to provide
additional services related to the addition of the design, removal and replacement of a cooling tower
for an additional $4,000 and by Resolution No.: 416,2019 authorized LaBella to provide additional
services resulting from the unexpected rebidding of the Project for an additional $7,000, and
WHEREAS, the Town’s Facilities Manager has advised that LaBella provided additional
engineering services above and beyond the previously authorized services as LaBella needed to re-
engineer the natural gas service requirements of the Project due to unanticipated heavy natural gas
demands placed on the existing supply system by the Town’s new Highway Department Garage
Project (which Highway Project was not approved at the time of this Project’s approval), such
additional services including significant communications with the gas supplier and the Highway
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 421
Project engineer to properly calculate and re-design equipment needs and capacities while also
setting the framework for energy savings rebates, and
WHEREAS, by letter dated January 28, 2021, LaBella has accordingly requested additional
payment in the amount of $5,000 for these additional services, and
WHEREAS, the Town Board wishes to authorize payment to LaBella for these additional
engineering services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the additional
engineering services provided by LaBella Associates, D.P.C. in the amount of $5,000 as set forth
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in LaBella’s January 28, 2021 letter presented at this meeting and as delineated in the preambles of
this Resolution to be paid for from Capital Construction Account No.: 203-1620-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed documentation and the Town Supervisor, Facilities Manager, Purchasing Agent
and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate
the terms of this Resolution.
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Duly adopted this 8 day of February, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION APPROVING EXTENSION TO QUEENSBURY CONSOLIDATED WATER
DISTRICT TO SERVE A PORTION
OF MOUNTAIN TERRACE ESTATES SUBDIVISION AND
AN OUT-OF-DISTRICT PARCEL
RESOLUTION NO. 67, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District (the “Water District”) in accordance with New York Town Law Article 12-A to serve
four lots of the proposed six-lot Mountain Terrace Estates Subdivision (the “Subdivision”) and a
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 422
separate parcel currently receiving Town water under an “Out-of-District Contract” (the “Parcel’),
all located on Luzerne Road (the “District Extension”), and
WHEREAS, The Environmental Design Partnership, LLP (EDP) prepared a Map, Plan and
Report (Map, Plan and Report) concerning the proposed District Extension to connect the
Subdivision to either the existing 16” Water District water main that runs along Luzerne Road or
the existing 6” main in Twin Mountain Drive, all as more specifically set forth and described in
the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office
and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed District
Extension, a general plan of the proposed system, a report of the proposed method of operation,
the source of water supply and mode of constructing any proposed District Extension
improvements, and
WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed District Extension and determined that the project would not have a significant effect on
the environment and issued a Negative Declaration, and
WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk
and made a part of the Map, Plan and Report, and
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WHEREAS, on November 16, 2020, subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the
boundaries of the proposed District Extension; (b) the proposed improvements; (c) the maximum
amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any)
and the cost of the proposed District Extension to the typical property and the typical one family home
(if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a
Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (g) the
time and place of a public hearing on the proposed District Extension, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller, all as required by law, and
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 423
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the proposed District Extension to the
typical property and typical one family home (if not the typical property) were computed was filed
with the Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed District Extension was duly held on Monday,
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December 7, 2020 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed
in the Map, Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1. The Order scheduling the Public Hearing was published and posted as required by law
and is otherwise sufficient;
2. All property and property owners within the proposed District Extension are benefited
thereby;
3. All property and property owners benefited are included within the limits of the
proposed District Extension; and
4. It is in the public interest to establish, authorize, and approve the proposed District
Extension as described in the Map, Plan and Report on file with the Queensbury Town
Clerk with the boundaries and benefited areas of the proposed District Extension to
be as described in and shown on the map of the proposed District Extension attached
to the Map, Plan and Report; and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 424
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Extension
to the Queensbury Consolidated Water District to serve a portion of Mountain Terrace Estates
Subdivision and a separate parcel currently receiving Town water under an “Out-of-District Contract”
all located on Luzerne Road in accordance with the boundaries and descriptions set forth in the Map,
Plan and Report, and construction of the improvements may proceed and service may be provided
subject to the following:
1. The obtaining of any necessary permits or approvals from the New York State
Department of Health;
2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any required approval(s) of the New York State Comptroller’s
Office;
4. Permissive referendum in the manner provided in New York State Town Law Article
7; and
5. The adoption of a Final Order by the Queensbury Town Board; and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein, and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and
publish such notice of this Resolution as may be required by law and to cause to be prepared and have
available for distribution proper forms for the petition and to distribute a supply to any person requesting
such petition, and if no such petition is filed within 30 days to file a certificate to that effect in the Office
of the County Clerk and with the State Department of Audit and Control.
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Duly adopted this 8 day of February, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW
CEMETERY FROM LENA GAGNE
RESOLUTION NO.: 68, 2021
INTRODUCED BY: Mr. Harrison Freer
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 425
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Timothy McNulty
WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot
in the Pine View Cemetery to Lena Gagne – Iroquois Plot, Lot No.: 1, and
WHEREAS, Ms. Gagne has requested that the Town’s Cemetery Commission buy back such
lot, and
WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended
re-purchase of such lot and approval by the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery
Commission's re-purchase of a cemetery lot in the Pine View Cemetery from Lena Gagne – Iroquois
Plot, Lot No.: 1 for the amount of $3,200, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for the payment of such amount to Ms. Gagne and properly account for the sales in the Town’s
books and records, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Cemetery
Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms
of this Resolution.
th
Duly adopted this 8 day of February, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING WATERLINE EASEMENT AGREEMENT BETWEEN
CLEAR BROOK, LLC AND TOWN OF QUEENSBURY
RESOLUTION NO.: 69, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Clear Brook, LLC owns certain lands in the Town of Queensbury located east
of Big Boom Road and identified as Tax Map Parcel No.: 316.14-1-16 (Property), and
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 426
WHEREAS, the Property is subject to a Waterline Easement Agreement between Finch,
Pruyn and the Town and Clerk Brook is the successor in interest to the Property, and
WHEREAS, in accordance with the terms of the Waterline Easement, the Town constructed,
installed and now maintains a road, a causeway over a canal and an underground waterline within the
boundaries of the Waterline Easement, and
WHEREAS, the Waterline Easement is more specifically located within that portion of the
Property which is part of Lot 14 in the Clear Brook Subdivision, and
WHEREAS, to reflect the change in use of the Property and the Clear Brook Subdivision, the
Town and Clear Brook wish to affirm, amend and restate the Waterline Easement, and
WHEREAS, a proposed Waterline Easement Agreement Between Clear Brook, LLC and
Town of Queensbury is presented at this meeting and is in form acceptable to the Town Water
Superintendent and Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Waterline Easement
Agreement Between Clear Brook, LLC and Town of Queensbury 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 Waterline Easement Agreement Between Clear Brook, LLC and Town of Queensbury
and take any further actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 8 day of February, 2021 by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PROMOTION OF BRIAN PERRY
FROM LABORER TO WASTEWATER MAINTENANCE WORKER II
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 427
RESOLUTION NO. 70, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the Town of Queensbury’s Wastewater Director has recommended that the
Town Board authorize the promotion of Brian Perry from Laborer to Wastewater Maintenance
Worker II in the Town Wastewater/Water Department, and
WHEREAS, the Wastewater Director has advised that Mr. Perry has the required two (2)
years of job experience and a Class B Commercial Driver’s License, and
WHEREAS, the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of Brian Perry from Laborer to Wastewater Maintenance Worker II in the Town Wastewater/Water
th
Department effective on or about February 9, 2021 at the rate of pay specified in the Town’s CSEA
Union Agreement for the position, and
BE IT FURTHER,
RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion
shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service
requirements, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Wastewater Director and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
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Duly adopted this 8 day of February, 2021 by the following vote:
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 428
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ADOPTION OF FEBRUARY 2021
TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN
RESOLUTION NO.: 71, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019
(COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic
Response Plan (Plan) to deal with this emergency situation, and
WHEREAS, by previous Resolution the Town Board authorized adoption of its Plan and
authorized the Town Supervisor to make modifications as he determined necessary as further
information became known, with the Town Board to later have the ability to approve or disapprove
an updated, revised Plan, and by subsequent Resolutions the Town Board authorized and ratified
adoption of the Plan as further revised, and
WHEREAS, certain modifications have been made since the Plan was last adopted and
revised and the Town Board wishes to consider the Plan as further revised for February 2021 as
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the February
2021 COVID-19 Pandemic Response Plan (Plan) in substantially the form presented at this meeting,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, if necessary,
to make modifications to the Plan as he determines that in his discretion are necessary as the
situation changes and further information becomes known, with the Town Board to later have the
ability to approve or disapprove a further revised Plan, and
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 429
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency
Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities
Manager to take any and all actions necessary to effectuate the terms of this Resolution and the
Plan, as it may be amended.
th
Duly adopted this 8 day of February, 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.: 72, 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 $
001-1355-1010 Salaries 001-1330-1010 Salaries 2,100
001-1355 Salaries 001-1410-1010 Salaries 3,400
001-1420-4131 Litigation 001-1420-1010 Salaries 1,110
001-1670-4030 Postage 001-1680-4800 Eq Repairs 3,200
001-1950-4430 Prop Taxes 001-3410-1010 Salaries 2,700
001-1110-1010 Salaries 001-3620-1010 Salaries 5,600
001-3989-2899 Cap Constr. 001-3989-4400 Misc. Contr 760
001-1110-1010 Salaries 001-5010-1010 Salaries 2,300
001-7020-1010 Salaries 001-7110-1010 Salaries 6,300
001-1110-1010 Salaries 001-7510-1010 Salaries 300
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 430
001-1355-1010 Salaries 001-8010-1010 Salaries 3,300
001-1355-1010 Salaries 001-8020-1010 Salaries 7,400
002-8810-4800-8811 Eq Repairs 002-8810-1010 Salaries 10,000
002-8810-4030 Postage 002-8810-1010 Salaries 2,000
002-0000-0909 Fund Balance 002-8810-1010 Salaries 20,600
002-9060-8060 Health Ins 002-9030-8030 Soc Sec 1,550
009-8160-2899 Cap Constr. 009-8160-1010 Salaries 3,000
009-1990-1010 Contingency 009-8160-1010 Salaries 3,600
009-8160-4110 Veh Repairs 009-8160-1020 OT 1,100
009-8160-4449-
009-9060-8060 Health Ins Trash Disp E 4,400
8160
009-0000-0909 Fund Balance 009-8160-4447 Trash Disp B 15,500
009-0000-0909 Fund Balance 009-8160-4449 Trash Disp R 2,500
th
Duly adopted this 8 day of February, 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: 02092021
RESOLUTION NO.: 73, 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: 02092021 with a run date of 02/04/2021 and a payment date of 02/09/2021,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 02092021 with a run date of 02/04/2021 and a payment date of 02/09/2021 totaling
$1,181,375.13, 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 8 day of February, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT : None
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 431
5.0 CORRESPONDENCE
NONE
6.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES)
NO PUBLIC COMMENT
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN FERONE WARD III
NOTHING TO REPORT
COUNCILMAN METIVIER WARD I
NOTHING TO REPORT
COUNCILMAN FREER WARD II
Spoke regarding a Resolution that is heading to the County. Recommended that it be given to
the Town Board so that they give their support.
COUNCILMAN MCNULTY WARD IV
Spoke regarding a field trip he did with Jeff Speich, DEC Forest Manager. We talked about
the Hudson Pointe Preserve and the downed trees. I also had an inquiry from a resident on
Butler Pond Road and Buckbee Road. We looked at the trees and he said it is all normal
growth. It is supporting the reforestation. It also supports the water table. When you have the
down trees, it helps with water. I will respond to Dr. Klein that what he sees on Butler Pond
Road is just normal wear and tear. We walked around Hudson Pointe Preserve. I noted my
concerns about the down trees. He did not see much of a problem. He will get back to me
with some notes. I will share this with the Board at the next meeting. I want to reach out to
the Hudson Pointe Homeowners Association. He noted the work that the Parks and Recreation
Department did after the trees came down was good. He suggested that we get back in there
before spring due to some of the limbs that are hanging over trails that could be dangerous.
SUPERVISOR STROUGH
Spoke regarding complaints of cleaning out of fire hydrants during the last snowstorm. They
did get them cleaned out within the next week. There are 1,100 fire hydrants in the Town of
Queensbury. We have encouraged people to clean out the fire hydrants that are near them.
Thanked the Highway Department, Water Department for all of their help.
Read letter from resident who moved here from Rotterdam thanking the Highway Department
for doing a wonderful job during the last snowstorm.
Read letter from resident thanking the Cemetery Superintendent and staff for the beautiful job
they do in maintaining the Pine View Cemetery.
The Census Bureau recognizes the Town of Queensbury as an invaluable member of the 2020
Census Community Partnership and Engagement Program. We appreciate the efforts you
made in making the Partnership Program a success in helping achieve a successful 2020
Census.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 74, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 432
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town
Board Meeting.
th
Duly adopted this 8 day of February, 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 DEPUTY CLERK, KAREN O’BRIEN