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1984-06-12 TOWN BOARD MEETING 165 JUNE 12, 1984 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel Dr. Charles Eisenhart-Councilman Absent PLEDGE OF ALLEGIANCE - Led by Councilman Morrell PRESS: G.F. Post Star, WBZA GUESTS: Mr. Carr, Mr. Holmes, Mr. & Mrs. Hack, Mr. Forker, Mr. Mozal, Mr. Zack TOWN OFFICIALS: Mr. Thomas Flaherty, Mr. Richard Bolton, Mr. Mack Dean ----------------------------------------- ----------- MEETING OPENED 7:51 P.M. QUEENSBURY BOARD OF HEALTH PUBLIC HEARING 7:52 P.M. Opened-Notice Shown Variance of the Sanitary Sewer Ordinance-Applicant Joel C. Forker of Fitzgerald Road, Glen Lake...cannot fulfill the set back requirements... Supervisor Walter- The alternate solution to this situation would be a holding tank, but 15= ause it is a year around dwelling, holding tanks are not recommended. Mr. Forker-The home is twenty years old and I have lived in it for eight and a half years. I have a working septic tank and seepage pit, I have a building permit, approved by the Town of Queensbury to do some changes in the road grade. Before I do that work, I am going to get into trouble with the seetic tank, I am going to be over it and cover it deeper than it is now. I would like to move the seepage pit on the other side of the road before I change the grade so I do not have to tear up the road later. The farthest I can get back from the Lake is 76'. The existing tank is 60' from the Lake. My argument for the approval of the variance is that I do have this grade behind the house. A tree covered slope. For me to get 150' in fact, I only own 120' to even get 100' lets say, would require that I make quite a cut in the hillside. I think that the result of that cut is going to be more harmful to the environment than the 25' or 75' 1 lack in set back. There has been some construction two new homes put in, the work that was done to allow for septic tanks and move the roads behind the house, that work has done quite a chunk out of the hill. (Showed pictures of the area). Councilman Monahan- Mr. Dean, do you have any question that this may cause a detriment to the water quality of Glen Lake? Mr. Dean-Spoke on other systems that have been placed at the Lake in the last two years and as of yet there has been no problems. Councilman Olson-Questioned if grinder pumps could be used in this situation? Mr. Forkr- Noted the 40 degree grade, it would be very difficult to place the pipe at such a grade... Mr. Zack-Fitzgerald Rd.-I live above Mr. Forker, 100', I have not seen the photographs, but I am probably the one with the dug out bank. I have a plot plan. When I built my house in 1981, I had 85' from the water front to where the slope began, I also have a letter from Mr. Richard Roberts (2-3-1981) Chairroan of the Qsby. Planning Board. Approval of a variance to build a house with one stipulation. The Board recommends approval if applicant places septic system at least 100' from water front. It was not by choice to dig that bank out. I was told at the time that all new systems put in Glen Lake or in the Town of Queensbury will meet code regulations. There was no variance for me. As far as runoff in heavy rain , rocks do come down the bank, it is a 40 degree slope, it took a great deal of money to cut it back to get the 100'. I feel that if I have to go back 100' with no exceptions than I think any new septic system should keep the same regulations. 166 Mr. Mozal-Fitzgerald Rd.-I purchased my property in 1977. At the time I placed by septic system it had to be 100' back, it was not by choice, I had to go back into the mountain or I would not have been able to use the lot. I spent close to fifteen thousand dollars in taking ground out in the back, they would not give me a building permit unless this was done. I was not given a choice of a variance. I do not think it would be fair for one to be able to do it and another not. Town Clerk-Ltr. from Robert J. Nolan dated June 7, 1984 "re: Variance No. 2084 Joel Forker-Fitzgerald I have no objection to the above. Please make this a part of the record before the Board of Health. Thanking you, I remain Sincerely yours, Robert J. Nolan /S/II Mr. Mozal-Encon checked what was being done when I was building, 1 think Encon should be informed about a variance like this. Councilman Morrell- Mr. Zack and the other gentleman, their properties were constructed after the Zoning Regulations were in? Mr. Zack-1977 Mr. Mozal- 1981 Mr. Forker- 1962, I believe the zoning ordinance was adopted in 1967. Supervisor Walter- I would not like to see another bank carved out like that, I would wonder if you would sacrifice one for the other. Councilman Olson- You have a situation where you do not have a failing septic system. Mr. Forker- I do not have a septic problem, I do live there year round. Councilman Olson- You just want to change the road. Mr. Forker- My option is to dig out the hill and create a problem with runoff and create a problem with scarring the hill. My feeling is that the scar and the runoff are more damaging to Glen Lake than the absolute amount of set back I can get, which is 120' because of my lot length. Councilman Monahan- He could leave the septic system along, what he is proposing to _ do will at least make it less non conforming so we are really gaining ...I feel sorry for the gentlemen that have invested the money that they have but I do not think that we are really talking about the same kind of a situation, because he could leave his closer to the lake than what you were allowed to put yours in. Mr. Zack- Where did they get the 100' from? Mr. Dean- From DOH or ENCON. Councilman Olson- I would have to agree with Mr. Zack and Mr. Mozal. They make a good argument, as Betty has brought out. Also we are actually gaining more depth, it will be pushed back further from the Lake. Personally I feel that any septic tank on the lake should be at least 100' back from the water, to protect that lake and there should not be any variation from it. Mr. Zack That lake is my drinking water. He could go back 100', two of us have done it. Councilman Morrell-There is no problem with the system now, I have to agree with Betty that this would make the situation less non conforming. Councilman Olson- If this system fails where do we move it? Town Counsel- They could not move it back to where it was in 1962... Supervisor Walter- That should be understood, that 'if ,the variance is granted and the system fails it would never go back to the original point. Councilman Morrell- I would move to grant this variance. Councilman Monahan- With the fill being approved by the Building Dept., the area around the system. Councilman Olson- How far are you from a well, do you use the lake water? Mr. Forker- The nearest well is O'Connors 400' and Mr. Gardner is 200' away... 167 Councilman Monahan- The fill will be up to someone who is more of an expert than we are, but something that will slow the perc...I will second Mr. Morrell's motion, with the condition of the fill...questioned if before a motion was made that the determinations of a variance should be made... Councilman Morrell-I will withdraw my motion... Councilman Olson- I do not believe that this application falls within any of the categories ...the application is to move the septic tank and dry well, to improve the road...there is not failure in the system... Supervisor Walter- I do not believe that there is a hardship... Mr. Dean-The hardship is created by the topography of the land... Supervisor Walter- Read the following: 1. That there are special circumstances or condition of which the strict application of the provisions of this Ordinance would deprive the applicant of reasonable use of such land. Councilman Olson- The land is already being used, you are not denying use. Supervisor Walter2. That the Variance would not be materially detrimental to the purposes or objectives of this Ordinance, or to other adjoining properties or otherwise conflict with the purpose or objectives of any plan or policy of the Town. I do not think it would be detrimental, as Betty pointed out, it would improve the situation. 3. That the granting of the Variance is necessary for the reasonable use of the land and that the Variance is the minimum Variance which would alleviate the specific unnecessary hardship found by the local Board of Health to affect the applicant. Col-icilman Olson- I have a strong feeling that we should not be considering any application for a septic system less than 100' from any public water. Councilman Monahan- I think we have to admit in the future, that every dwelling, on every lake, is not possible to turn into a year around home with the strain that it will make on the environment. Supervisor Walter- Closed the Public Hearing at 8:45 P.M. RESOLUTION TO DENY VARIANCE REQUEST RESOLUTION NO. 2, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Mr. Joel Forker of Fitzgerald Road applied for a variance under the Sanitary Sewer Ordinance, and WHEREAS, a duly advertised public hearing was held on June 12, 1984 at 7:30 P.M. and all parties interested in said variance application were allowed to speak, and WHEREAS, the Queensbury Board of Health reviewed the application and information brought forward at said Public Hearing, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Board of Health denies the application #2-84 being that it does not meet the criteria of a variance request. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart Supervisor Walter- adjourned the meeting of the Queensbury Board of Health and opened as the Queensbury Town Board 8:45 P.M. PUBLIC HEARING MOBILE HOME APPLICATION OF CURTIS R. AND CYNTHIA A. HAAK- 15 Elm Street Hudson Falls, N.Y. location of proposed mobile home Dawn Road- 1984 Imperial- Mr. Haak was present...Hearing Opened 8:45 P.M. Notice Shown Councilman Morrell- Do you own the land. V Mr. Haak- Presnted the Town Board with his lease agreement. (turned over to Counsel for review) Supervisor Walter- Asked for public comments...none was heard...The Town Board likes to have the land that the Mobile Home is on, owned by the applicant and this agreement is a purchase sale and our attorney finds that it is in order. Hearing Closed 8:49 P.M. PUBLIC HEARING LOCAL LAW ON FLOOD DAMAGE PREVENTION Opened 8:50 P.M. Notice Shown Supervisor Walter-The Local Law has been on file...When we set the public hearing we indicated that we wished to minimize the public and private losses of flood conditions of certain areas of Town and to insure the availability of grants, loans and guarantees made by such federal agencies as the Small Business Administration, the Federal Housing Administration and the Veterans Administration in certain areas of the Town. A Flood Damage Local .Law is necessary, that is what we are doing here. We have maps on file in the Building Dept., they have been reviewed by our Planning Board and also by the Federal Emergency Management Agency of the Federal Government. In order for people in this Town who live in those areas to be eligible for loans by those administrations we must have in place a Flood Damage Prevention Local Law. Asked for public input. No one spoke...Closed 8:51 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION No. 135 Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED that the Town Board Minutes of May 22, 1984 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart RESOLUTION TO CONDUCT FIELD DAY RESOLUTION NO. 136 , Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that permission is hereby granted to the West Glens Falls Fire Co. No. 1 Inc. to conduct a Field Day: SPONSORS: West Glens Falls Fire Co. No. 1 Inc. Place: Luzerne Road (Fire Co. Grounds) Date: June 29th through July 1, 1984 and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor upon receipt of proof of insurance in the amount of Three Million, ✓ which includes Bodily Injury, Property Damage Coverage. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart Councilman Monahan- Is the Town named as an insured? Town Clerk- Yes. Supervisor Walter-The Town of 169 p Queensbury is going to be involved in the parade on July 1st. and also in the evening we are sponsoring a Fireworks Display at the West Glens Falls Fire House. We hope to have an old fashion Fourth of July Celebration. Councilman Monahan- We are looking for organizations to participate in the parade. RESOLUTION TO ENTER INTO CONTRACT FOR ENGINEERING SERVICES RESOLUTION NO. 137, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that Frances J. Walter, Supervisor of the Town of Queensbury, on behalf of the Town, is hereby authorized to enter into contract with Kestner Engineers, P.C. for engineering services for the Queensbury Water District for the purpose of recommending the most cost effective means for providing Water Storage Facilities for the Queensbury Water District, and be it further RESOLVED, that the fee for those services will not exceed $5,200.00. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart Supervisor Walter- Councilman Olson and myself, met with Mr. Kestner and discussed additional water storage for the Town and Mr. Kestner is going to provide some engineering such as selecting a site and general engineering work to get underway with additional water storage. We feel that with the addition of new water districts in the Town and with our plans for further additions, that this will be necessary in the future. Hopefully, we can go to construction sometime next year. Councilman Olson- This is a project, Fran and I would recommend to the Board... RESOLUTION TO RETAIN ENGINEER RESOLUTION NO. 138 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, the Town has been petitioned by residents of Stewart Road, Little Road, Sawn Road, Baker Road, Pinewood Hollow and a portion of West Mountain Road requesting establishment of a water district to provide municipal water service to the subject area, and WHEREAS, the Town is desirous of formulating a water district in this area, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury retain the engineering services of Charles H. Scudder, P.E. to provide the following scope of services: 1. Preparation of an Engineer's Report 2. Map and Plans 3. District Boundary Description 4. Estimate of Project Cost 5. Specifications for the subject Water District for a fee not exceeding $3,200.00 including expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Mw. Morrell, Mrs. Monahan, Mrs. Walter f _ Noes: None Absent: Dr. Eisenhart DISCUSSION: A discussion was held regarding the name of the new water district, it was decided by the entire Town Board that the Districi be named Mountain View Water District. 170 RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT RESOLUTION NO. 139 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury has heretofore contracted with the Queensbury Senior Citizens Club, Inc. and, WHEREAS, the Town of Queensbury desires to continue its support of the Queensbury Senior Citizens Club, Inc. NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is empowered to contract with the Queensbury Senior Citizens Club, Inc. to provide $4,500.00 for recreational programs and social activities during the year 1984, according to the agreement, and be it further RESOLVED, that the sum of $4,500.00 will be paid to the Queensbury Senior Citizens Club, Inc. in two payments of $2,250.00. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMEN RESOLU'T'ION NO. 140 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, in connection with the operation of the summer recreation program by the Town of Queensbury, Harold Hansen, Queensbury Recreation Director, has recommended to the Town Board that recreation activities be provided in various areas of the Town, and WHEREAS, the Town of Queensbury is presently not the owner of lands in these various areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands, in North Queensbury, South Queensbury, West Glens Falls, and Bay Ridge respectively to lease said lands for use in connection with the Town's summer recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 25 to August 17, 1984, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these five parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, Wilson Mathias, counsel to the Board, has prepared proposed written leases, copies of which are annexed hereto relative to the leasing of these five parcels of land under the terms and conditions specified therein, and WHEREAS, it would serve a legitimate Town purpose to provide summer recreational programs in North Queensbury, South Queensbury, West Glens Falls, and Bay Ridge, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be re tsonahle, NOW, 'THEREFORE BE IT i RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid five parcels ;1t hand for a period from June 25, 1983 to August 17, 1984 under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Frances J. Walter, Supervisor be authorized and empowered to execute said leases on behalf of the Town of Queensbury and be it further RESOLVED, that upon execution of the lease pertaining to the Bay Ridge area by Elva McDermott, owner of said premises, One Hundred Dollars ($100.00) be paid by the Town of Queensbury from the appropriate account to Mrs. McDermott for the lease of this property. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 141 , Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Curtis R. & Cynthia A .Haak has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REUULATION OF MOBILE HOMES AND MOBILE HOME `— COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated Dawn Rd., and �- WHEREAS, this Town Board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Curtis R. & Cynthia A. Haak to locate a mobile home at property situated at Dawn Rd. and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Dr. Eisenhart s` i RESOLUTION TO APPROVE LOCAL LAW REGARDING FLOOD DAMAGE PREVENTION RESOLUTION NO. 142, Introduced by Mr. Daniel Morrell who moved for its adoption seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury wishes to minimize the public and private losses of flood conditions of certain areas of the Town and to insure the availability of grants, and loans and guarantees, and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk, was held on June 12, 1984 at 7:30 P.M. at the Queensbury Town Office Building at which all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that a Local Law entitled "FLOOD DAMAGE PREVENTION" (complete text to follow) is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following; vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart s I i 172 LOCAL LAW NUMBER 5, 1984 FLOOD DAMAGE PREVENTION SECTION 1.0 Statutory Authorization and Purpose 1.1 Statutory Authorization The People of the St<<Le of New York have in The New York State Constitution, Article IX, Section 2, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, be it enacted by the Town Board of the Town of Queensbury New York as follows: 1.2 Statement of Purpose It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard; and (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.3 Methods of Reducing Flood Losses In order to accomplish its purposes, this Local Law includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 Definitions Unless specifically defined below, words or phrases used in this Local Law shall be interpreted so as to give them the meaning they have in common usage and to give this Local Law its most reasonable application. "Appeal" means a request for a review of the Queensbury Planning Board interpretation of any provision of this law or a request for a variance. "Area of Shallow flooding" - (Optional if applicable) means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. , "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year. 173 Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations within the area of special flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or side for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Local Law. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets). "Flood" or "flooding" means a general and temporary condition of partial or complete inumdation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Bound ary-Floodw ay Map and the water surface elevation of the base flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Lowest floor" means lowest level including basement, crawlspace, or garage of lowest enclosed area. "Mobile Home" means a structure that is transportable in one or more sections, built on a permanent chasis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. "New Mobile Home Park or Mobile Home Subdivision" means a parcel (or contiguous parcels) or land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed on or after the effective date of this Local Law. "Start of Construction" means the first placement of permanent construction of it structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling„ nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile Humes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction,of facilities for servicing; the site on which the mobile home is to be affixed (including, 'at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground. 174 "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing --- State or Local Health, Sanitary, or Safety Code specifications which are solely necessar, to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this Local Law. SECTION 3.0 General Provisions 3.1 Lands to Which this Local Law applies This Local Law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Queensbury. 3.2 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Queensbury of Warren County, New York", dated June 30, 1983, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps and any revision thereto is hereby adopted by reference and declared to be a part of this Local Law. The Flood Insurance Study is on file in the office of the Town Clerk. 3.3 Interpretation, Conflict with other Laws. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, or the general welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 Validity The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 3.5 Penalties for non-compliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this local law and other applicable regulations. Violation of the provisions of this local law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than seven days or both for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Queensbury from taking such other lawful action as necessary to prevent or remedy a violation. 3.6 Warning and Disclaimer of liability The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and end, rk .-ring considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special 175 flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Queensbury any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this local law or any administration decision lawfully made thereunder. SECTION 4.0 Administration 4.1 Establishment of Development Permit A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Zoning Administrator, Town of Queensbury and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. 4.2 Designation of the Zoning Administrator The Zoning Administrator is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 Duties and Responsibilities of the Zoning Administrator Duties of the Zoning Administrator shall include, but not be limited to: 4.3-1 Permit Review (1) Review all development permits to determine that the permit requirements of this Local Law have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.3(1) are met. 4.3-2 Use of other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Zoning Administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Residential Construction, and 52-2, SPECIFIC STANDARDS, Nonresidential Construction. 4.3-3 Information to be obtained and maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level); and (ii) maintain the floodproofing certifications required in Section 5.2-20). (3) Maintain for public inspection all records pertaining to the provisions of this local law. 4.3-4 Alteration of Watercourses (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 Interpretaion of Fire Boundaries Make interpretations where needed, as to the exact location of the boundaries 176 of the areas of special flood hazards (far example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonably opportunity to appeal the interpretation as provided in Section 4.4. 4.4 Variance Procedure 4.4-1 Appeal Board (1) The Planning Board as established by October 11, 1962 shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirements, decision, or determination made by the Zoning Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Planning Board or any taxpayer, may appeal such decision to the Supreme Court as provided in The New York State Constitution, Article VI, Section Z. (4) In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other section of this local law and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger of life and property due to flooding or erosion damage (iii) the susceptibility of the proposed facility and contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location where applicable; NO the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xi) the costs of providing; hovernnnent'il Services Turin}; Slid after flood conditions, including maintenance and repair of public. utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this local law, the Planning Board may attach such conditions to the granting of variances as it deems necesary to further the purposes of this local law. (6) The Planning Board shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request. 4.4-2 Condition for Variances (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 4.4-1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. —' (4) Variances shall only be issued upon'a .determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result 177 in increased flood height s,additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.41-(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. SECTION 5.0 Provisions of Flood Hazard Reduction 5.1 General Standards In all areas of special flood hazards the following standards are required: 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that: W over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable carrying a force of 4,800 pounds; and (iv) any additions to the mobile home be similarly anchored. 5.1-2 Construction Materials and methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On-site waste disposal systems whall be located to avoid impairment to them or contamination from them during flooding. 5.1-4 Subdivision proposals flood damage;(1) All subdivision proposals shall be consistent with the need to minimize (2) all subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). v � 52 Specific Standards In all areas of special flood hazards where base flood elevations data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, Use of Other Base Flood Data, the following standards are required; 179 5.2-1 Residential construction New construction and substantial improvement of any residential structures shall have the lowest floor, including basement, elevated to or above base flood elevation. 5.2-2 Non residential construction New construction and substantial improvement of any commercial, industrial or other non residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or together with attendant utility and sanitary facilities, shall: (1) be . floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and -- ' hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied„ Such certifications shall be provided to the official as set forth in Section 4.2. 5.2-3 Mobile Homes (1) Mobile homes shall be anchored in accordance with Section 5.1-1(2). (2) For new mobile home parks and mobile home subdivisions; for expansion to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for a mobile home not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest flood of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: --lots are large enough to permit steps, --piling foundations are placed in stable soil not more than ten feet apart, and --reinforcement is provided for pilings more than six feet above the ground level. (3) No mobilo home Pholl bo pinir.od in a fioadway, exrpt In en existing mobile home park or an existing mobile home subdivision. 5.3 Floodways Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other developement unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. (3) In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effects of any proposed development, when confined with all other existing and anticipted development, shall not increase the water surface elevation of the base flood more than one foot at any point. COMMUNICATIONS 1 179 Ltr. D.O.T. regarding stop signs on Cronin Rd., NY Route 9L, County Route 42, NY Route 32, County Route 79, Big Boom Road on file... Ltr.- D.O.T. regarding speed limit Study on Assembly Point-lowered to 25 mph. on file -Ltr. Bay Ridge Fire Co.- active member, Rev. Lamont Robinson on file... -Ltr. N.W. Boden w eiser-re questing permission to attend Liquified Petroleum Gas Seminar...on file -Mr. Mack Dean- requested to attend the same seminar ... RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 143, Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that permission is hereby granted to Mr. N.W. Bodenweiser, Fire Marshal and Mr. Mack Dean, Building Inspector to attend a Liquified Petroleum Gas Seminar on July 17, 1984 at Schenectady Community College, and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart -Bid Opening- Materials for Water Dept. opened at 2:00 P.M. on 6-12-84 results as follows: U.S. Pipe & Foundry, Latham, N.Y.--- Spec. No. 84-5 $78,564.80 84-8 $4,129.11 non collusive attached. Clow Corp., Waterford, N.Y. Spec. No. 84-7 $636.00 ea. 84-9 $241.00 ea. no non collusive Atlantic States Cast Iron Pipe Co., Phillipsburg, N.J. Spec. No. 84-5 $76,314.00 Non collusive attached. Martisco Corp., Syracuse, N.Y. Spec. No. 84-6 $606.00 84-7 $631.85 ea. 84-8 $3,302.70 84-9 $2,415.15 non collusive attached Vellano Bros. Inc., Latham, N.Y. Spec. No. 84-6 $330.00 84-9 $1,728.00 84-7 $3,992.00 84-8 $2,860.60 non collusive attached LeValley McLeod, Schenectady, N.Y. Spec. No. 84-7 $625.00 ea. 84-9 $2,160.00 non collusive attached. RESOLUTION TO ACCEPT BID ON WATER DEPARTMENT MATERIALS RESOLUTION NO. 144 , Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Mr. Thomas Flaherty, Water Supt. for the Town of Queensbury did recommend that we advertise for bids for Water Departmart Materials and WHEREAS, bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A. Chase, and such bids were then turned over to Mr. Flaherty for his recommendation, and WHEREAS, Mr. Flaherty by letter has recommended that the bid be awarded to Atlantic States Pipe Co. of Phillipsburg, N.J. for Spec. 84-5, for Spec. No. 84-6,7,8, and 9 the bid will go to Vellano Bros. Inc. of Latham, New York NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Atlantic States Pipe and Vellano Bros. Inc. in the amount of $76,314.00 and $891,060.00 respectively, and be it further RESOLVED, that the financing for such material is included in the Water Dept. budget. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart -Bid Opening-Fuel Oil Bids opened at 2:00 P.m. on 6-12-84 as follows: Brian R. Meurs, Glens Falls, N.Y. #2 Fuel Oil .9468 and .9368(Filtration Plant) Diesel .9368 (Highway) .9668 (Landfill) Kerosene 1.0509 non collusive attached Ashton Fuels„ Saratoga Springs, N.Y. #2 Fuel Oil .950 Diesel 1.010 Kerosene 1.030 non collusive attached Mabb Oil Co., Hudson Falls, N.Y. #2 Fuel Oil .9794 Diesel .9694 (Highway) .9994 (Landfill) Kerosene 1.0994 Glens Falls Distributing Co. Inc., Glens Falls, N.Y. #2 Fuel Oil 1.049 Diesel .97 (Highway) 1.049 (Landfill) Kerosene 1.219 non collusive attached Bids turned over to Mr. Flaherty for his recommendation... REPORTS 1 -"Town Clerk and Building Inspector's Reports for the month of May, 1984 on file... ---� ANNOUNCEMENTS -Supervisor Walter-Requested that residents in the Queensbury Water Dist. to conserve water on 6-13--84, there will be a power outage at the Water Treatment Plant from 9am. to 12pm....Niagara Mohawk will be switching over some power lines... -Ltr. Resignation of Bill Threw of the Planning Board Councilman Olson- requsted that the news media notify the public that there is a vacancy on the Planning Board. Councilman Monahan- Reporting on the Recreation Program-We are going to have a more vital playground program this year, many new projects... Supervisor Walter- reported on the meeting she attended at Heritage Hall where local officials were addressed by the Commissioner of Encon. The subject covered was disposal of solid waste. The Commissioner was very damning of the Queensbury Landfill and we did have an exchange in which I indicated to him that there was a difference of opinion between our engineers and his. I still feel that with the testing that we do along with the operation up there, that we have one of the better landfills in the northeastern part of the state. This was a forum for ENCON to push resource recovery. I would have to tell you that the costs that were presented were something that will put our taxpayers further back in their seats. The costs are extremely high. We may have to bite the bullet if any kind of motions come down from ENCON that we are not in compliance. The Commissioner said he wanted a schedule from the Towns in the County by the 31st. of December. The laws are in place and it is his duty to enforce those laws. -- Councilman Monahan- Are the costs down from before? Supervisor Walter-No they are up. Councilman Monahan- Is the technology any better? Supervisor Walter- No, we are looking at the same type of system. Councilman Monahan- Is the State doing any research to improve the technology? Supervisor Walter-The State is doing nothing but enforcing. It is hoped that there will be a Warren and Washington joint project, because of the amount of garbage that is needed in order to operate a resource recovery plant. The State has already given to Washington County 1.7 million dollars. I would point out to the Board that although the Commissioner was critical of our operation, we have not received any notification from ENCON that we are in violation of anything. Whatever is wrong with our landfill, they have not let us know, other than his public announcement. Councilman Olson- What this boils down to, is that we are being used by the State... Supervisor Walter-I indicated that the delays were not economic because that is what we heard about, but the fact that we looked at the first plant and then Vicon we could see that the technology was better making more things burnable and less to put into a landfill somewhere. Where ever you have a resource recovery plant you are still going to have a landfill. The name that came up for the ash was Queensbury, but they have never approached Queensbury. OPEN FORUM 9:35 Mr. George Boivin-Knox Rd., Assembly Point- I would like to know how the situation now stands on Assembly Point. Unknowr- Mr. Knox was going to build a new road two years ago, but has not done a thing since. Noted that the Power Company might have to move their power poles, and cable tv was taken out... Mr. Edward Carr- Agent for Mr. Knox-the problem is with the Highway Dept. As Mr. Knox understood it from everthing he heard from the Town of Queensbury until a year and a half ago, as every piece of property on that road reads, that is a private road. There is a map on file in Warren County Center and it is designated as a private road. The people who purchased property on Knox Road, when they signed the deed with the understanding that they were buying on a right of way, that Signet Realty Corp. the owner of the property owned that right of way, would give them ingress and egress over that right of way and Signet Realty would also retain the right to relocate the road at any time as long as it did not inconvenience the property owners. Mr. Knox said he would relocate the road but Mr. Naylor said if he relocates the dirt road he would have to pave it and put in a road to existing Town standards. That is the holdup, he cannot afford to put in a paved road. Mr. Knox will change the road, put in what is there now, in another location but he cannot afford to put in a paved road. Town Counsel- Requested time to study into the old records on this situation. Mr. Robert Holmes-Knox Road-I am opposed to Mr. Knox's view that this is a private road...We view this as a town road...did not feel that the Town should penalize Mr. Knox for turning the road over to the town and asking him to pave it... Supervisor Walter-We do require people to pave roads before we accept them as of 1982. Town Counsel- We have no legal authority to pave a private road... Supervisor Walter- Requested that Town Counsel look into this... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 145, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as appears on Abstract No. 84-6A. and numbered 968 through 1166 and totaling $ 266,563.11 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Dr. Eisenhart RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 146, Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters and litigation. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None `— Absent: Dr. Eisenhart 011 motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk