05-06-2024 MTG #15 Regular Town Board Meeting, 05-06-2024, MTG 915 71
REGULAR TOWN BOARD MEETING MTG #15
MAY 61h, 2024 RES #174-193
7:01 P.M. BOH #41-43
LL #2-3
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN HARRISON FREER
COUNCILMAN MICHAEL DIXON
COUNCILMAN TIMOTHY MCNULTY
TOWN BOARD ABSENT
COUNCILMAN ANTHONY METIVIER
TOWN COUNSEL
MARK SCHACHNER, ESQ
PRESS
LOOK TV
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 174, 2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 6 h day of May, 2024 by the following vote:
AYES: Mr. Strough, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES: None
ABSENT: Mr. Metivier
1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF
GREGG NOLTE.
Publication Date: April 23, 2024
SUPERVISOR STROUGH reviewed the proposed sewage variance application and the variance
being requested. We have the agent for the applicant present. Please introduce yourself for the
public and feel free to elaborate and then I'll ask the Town Board if they have any questions of
you.
Regular Town Board Meeting, 05-06-2024, MTG 915 72
CONNOR DEMYER-Good evening, everyone Connor Demyer, Environmental Design
Partnership representing the Noltes of 35 Assembly Point Road. Currently their three-bedroom
house is undersized seepage area in the top left corner, the Northwest corner of the property.
Based on some site conditions of high ground water and it's only a quarter acre lot we can't
really put an inground system there. So, we decided to go for two holding tanks for this seasonal
cottage. If you guys have any questions I can answer them.
SUPERVISOR STROUGH-There is a Public Hearing on this tonight but before I open the
Public Hearing, any Town Board members have questions for the agent?
COUNCILMAN DIXON-Just a quick one. When you replace the old septic system are you
pulling the old septic out?
MR. DEMYER-We were not planning on it. It's kind of out in its own area. All plumbing will be
rerouted to the southeast corner of the property or the house. If you guys require it, we could
probably can but it's just a holding tank with a little bit of a seepage area. It's nothing major.
COUNCILMAN DIXON-Alright, thank you.
SUPERVISOR STROUGH-Okay any additional questions? I'll open the Public Hearing. Any
member of the public wish to speak to this application for sanitary sewage disposal variance
from Gregg Nolte at 35 Assembly Point for two holding tanks? Yes sir. So, Connor if you'll
come back up later maybe to answer some questions that this gentleman has. Yes, sir please
identify yourself for the record.
RAYMOND SHIRVELL-My name is Raymond Shirvell and I'm at 31 Assembly Point Road in
Lake George. I'm south of the Gregg Nolte application.
SUPERVISOR STROUGH-Mr. Shirvell what's your first name?
MR. SHIRVELL-Raymond.
SUPERVISOR STROUGH-Raymond, okay
MR. SHIRVELL-R-A-Y-M-O-N-D.
SUPERVISOR STROUGH-Alright thank you.
MR. SHIRVELL-That was a good question young man. What are you going to do with the old
septic system? That camp, as they call it, has been in existence since after World War 11, 1945. I
don't see why that still has to be or not be abandoned. I agree, I spoke to Mr. O'Brien because I
have a well and we spoke about, I made sure, and I was ill informed that it required 100 feet, but
I found out from Mr. O'Brien that it's 65 feet for the holding tanks. Okay, so this young man
here do you have the distance from the well, my well, to the beginning of the septic system?
MR. DEMYER-Can I speak? Connor Demyer EDP.
SUPERVISOR STROUGH-Well Connor, I will ask you to come up.
MR. DEMYER-Okay.
SUPERVISOR STROUGH-When he gets done with his questions.
MR. DEMYER-Yes.
SUPERVISOR STROUGH-So you just.
MR. SHIRVELL-Okay.
SUPERVISOR STROUGH-If you have any additional questions.
Regular Town Board Meeting, 05-06-2024, MTG 915 73
MR. SHIRVELL-Well the a, I was told it's about 65.5 feet from my well. I just want to make
sure that that's correct. But I believe that the old septic system should be dug up and done away
with or filled in. And the other question I have, I know the deed is being transferred, okay, from
mom and dad Nolte who I've known for, 1966 and they are deceased. Is there any provision in
the water system? Does the water system have to have, be a well or still drawing from the lake,
as they are presently?
SUPERVISOR STROUGH That's not our choice.
MR. SHIRVELL-Or that doesn't go under the application. Alright, I have nothing against them
as I hope you accept the 2000-gallon things. But they are expensive, and I thank you because
three years ago I put my house up and you called it a modest house, which it is. Thank you very
much.
SUPERVISOR STROUGH-Alright thank you.
COUNCILMAN MCNULTY-Thank you sir.
SUPERVISOR STROUGH-Any other members of the public wish to speak to this application of
Gregg Nolte, 35 Assembly Point Road? Alright seeing none. Connor if you'll return. So, Connor
first question is what is the distance of the holding tank to the neighbor's well?
MR. DEMYER-Yes, its 67-feet it's called out on plans and the minimum setback is actually 50-
feet so we're you know quite a bit over.
SUPERVISOR STROUGH-Yes, yes.
MR. DEMYER-And they are drawing from the Lake and plan to as of now. They have an
agreement with the neighbor to the west to let them keep their waterline through there.
SUPERVISOR STROUGH-Okay.
MR. DEMYER-Been there for, they've owned it since 19, I think 55, the Noltes told me so it's
been like that forever.
SUPERVISOR STROUGH-And the other concern or question was are we planning on
decommissioning the old septic system?
MR. DEMYER-Yes, I mean like I said it's outside of everyone's way. It just seems like more
disturbance to tear it up and fill it in. Obviously, we'd prefer the tank to be pumped clean and
filled in with sand, but I don't know about actually tearing it all out.
SUPERVISOR STROUGH-Alright so you're going to.
MR. DEMYER-Disposal's a combination of that.
SUPERVISOR STROUGH-Going to have the pump tank pumped and.
MR. DEMYER-Sure, crushed or filled with clean sand, yes something along those lines if that's
required.
SUPERVISOR STROUGH-Okay, alright well Town Board do you have any thoughts or
questions about the.
COUNCILMAN MCNULTY-I don't know do we have to specify that in the resolution or.
TOWN COUNSEL SCHACHNER-Should.
COUNCILMAN FREER-Yes, yes, I think it's useful to do that. Yes, I was there for site visits
this afternoon and I think this makes a lot of sense and I'm fine with pump and fill the whatever
it is.
Regular Town Board Meeting, 05-06-2024, MTG 915 74
MR. DEMYER-Whatever it is.
COUNCILMAN FREER-Cesspool or dry well, it's not a legitimate, you know, dispersal field
apparently so.
COUNCILMAN DIXON-I mean in your opinion do you think that there's more hazard by
decommissioning it if that sewage is going to.
MR. DEMYER-It, it's just kind of in a tough spot to get in there with a machine and dig it all
out. It's kind of tucked in a corner along the Nolte building and the neighboring building. I mean
you can get a mini excavator through there, but it just seems like maybe there might be some
disturbance off the property. That's kind of why we were avoiding going over there and moving
it somewhere that it's a little more easy to get to I guess to maintain. If you look at the maps it's
called out in that northwest corner and there's a building, you know the Nolte's building,
adjoining building, couple sheds and its right along, kind of cornered in the property.
COUNCILMAN FREER-I'd be fine with pump out and fill with some kind of reasonable.
MR. DEMYER-It's a little easier than tearing it actually out.
COUNCILMAN FREER-Yes, because it.
MR. DEMYER-Pumping it out you can just.
COUNCILMAN FREER-It is really adjacent, the other, you know depending on the weather,
right while they are digging it up if it starts raining, we're just going to make a bigger mess.
COUNCILMAN DIXON-Yes, that would be my concern as well too. Are we causing more harm
than what we are trying to fix.
MR. DEMYER-Right.
SUPERVISOR STROUGH-Okay. Town Counsel, do you have anything drafted that you would
like us to consider?
TOWN COUNSEL SCHACHNER-Sure choice one was: Be it further resolved that the existing
system shall be properly decommissioned and abandoned. Choice two was resolved that the
existing system shall be pumped out and filled.
SUPERVISOR STROUGH-Alright Town Board.
COUNCILMAN DIXON-I'm going with option number two.
SUPERVISOR STROUGH-You comfortable with two?
COUNCILMAN MCNULTY-Yes.
SUPERVISOR STROUGH-We're comfortable with two then. Alright, so we are conditioning
this in accord with what we just described. Is there a motion to approve as conditioned?
COUNCILMAN FREER-So moved.
COUNCILMAN MCNULTY-Second.
SUPERVISOR STROUGH-Alright, yes sir, Town Counsel.
TOWN COUNSEL SCHACHNER-And you are leaving, what I assume we're leaving in the
further resolved that we put in brackets for the draft about not renting until or unless the holding
tank system been approved and installed.
COUNCILMAN FREER-Absolutely.
Regular Town Board Meeting, 05-06-2024, MTG 915 75
TOWN COUNSEL SCHACHNER-So we're taking out the brackets leaving in the text, great.
COUNCILMAN FREER-Yes.
SUPERVISOR STROUGH-Okay, alright motion to approve.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING GREGG NOLTE'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 41,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Gregg Nolte (Applicant) filed an application for a variance from Town of
Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to
obtain a variance for a holding tank system as the Applicant wishes to replace the existing wastewater
septic system by installing a holding tank system consisting of two(2)holding tanks each with a 2,000
gallon capacity, thus meeting the required total capacity of 4,000 gallons, on property located at 35
Assembly Point Road in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
variance request on Monday, May 6t', 2024, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED,that
1. due to the nature of the variance, the Local Board of Health determines that the variance
would not be materially detrimental to the purposes and objectives of this Ordinance
or other adjoining properties nor otherwise conflict with the purpose and objectives of
any Town plan or policy; and
2. the Local Board of Health finds that granting the variance is necessary for the reasonable
use of the land and is the minimum variance which would alleviate the specific
unnecessary hardship found by the Local Board of Health to affect the Applicant; and
Regular Town Board Meeting, 05-06-2024, MTG 915 76
BE IT FURTHER,
RESOLVED,that the Local Board of Health hereby approves the application of Gregg Nolte
for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank system
consisting of two(2)holding tanks each with a 2,000 gallon capacity,thus meeting the required total
capacity of 4,000 gallons,on property located at 35 Assembly Point Road in the Town of Queensbury
and bearing Tax Map No: 239.12-2-10, and
BE IT FURTHER,
RESOLVED,that the existing system shall be pumped out and filled, and
BE IT FURTHER,
RESOLVED, that the premises shall not be rented until and unless the holding tank system
has been approved and installed and determined to be in compliance as confirmed by the Director of
Building and Codes Enforcement, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency
during such period.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION GRANTING PAUL DERBY EXTENSION OF TIME TO
COMPLETE INSTALLATION OF WASTEWATER SYSTEM
RESOLUTION NO.: BOH 42,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
Regular Town Board Meeting, 05-06-2024, MTG 915 77
SECONDED BY: Mr. Timothy McNulty
WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled"Septic Inspection Upon Property Transfer" set forth at Queensbury Town
Code Chapter 137 and by Resolution Nos: 176, 2019 and 47, 2020 adopted Local Laws 5 of 2019
and 1 of 2020 respectively to make additional minor modifications to Chapter 137, and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000
escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment
system meeting all standards is not completed within the time provided, and
WHEREAS,Paul Derby (Applicant)previously advised that as a result of a septic inspection
of his property located at 25 Canterbury Drive (Tax Map No.: 289.17-1-20) Applicant wished to
obtain an updated elevation survey of the property, develop an engineered septic system and secure
the necessary variances from the Local Board of Health to complete installation of a replacement
wastewater treatment system and therefore, requested additional time to complete such work and
so by Resolution No.: BOH 55, 2022, the Town Board authorized and granted Applicant the
requested additional time or until November 20'', 2022, and
WHEREAS, the Applicant subsequently requested additional time to complete such work
and by Resolution Nos: BOH 89, 2022 and BOH 74, 2023,the Town Board authorized additional
extension(s) through May 15'', 2024, and
WHEREAS, by letter dated April 18, 2024, Applicant has advised that although Applicant
submitted a revised engineered septic plan to the Town, Labella Associates' third party review of
such plan as requested by the Town has not been completed and therefore, Applicant has requested
a one (1)year extension of time to complete installation of the system or until May 6 h, 2025,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby
authorizes and grants Paul Derby (Applicant) additional time to obtain a certificate of compliance
from the Town's Building and Codes Enforcement Department to complete installation of a
combination replacement wastewater treatment system to serve properties located at 25 and 31
Canterbury Drive and to extend the date on which the $2,000 escrow deposit shall be automatically
forfeited until May 6t', 2025 with the conditions that:
1) the property at 25 Canterbury Drive shall not be utilized for rental until and unless the
combination replacement wastewater treatment system is installed; and
2) this approval in no way approves any of the variances that might be forthcoming for
the combination replacement wastewater treatment system; and
Regular Town Board Meeting, 05-06-2024, MTG 915 78
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Director of Building and Codes Enforcement to and take any and all actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 6 h day of May, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Freer
NOES None
ABSENT: Mr. Metivier
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 43, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
the Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 6 h day of May, 2024 by the following vote:
AYES Mr. Strough, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: Mr. Metivier
2.0 PUBLIC HEARING
2.1 PUBLIC HEARING—PROPOSED LOCAL LAW NO.: OF 2024 TO
AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO MAKE
CERTAIN CHANGES REGARDING STORAGE YARDS
Publication Date: April 6, 2024 and April 23, 2024
SUPERVISOR STROUGH reviewed the proposed application for change of zone to allow for
storage yards. Alright, so that's what's being proposed today and there is a Public Hearing on
this for anybody that would like to speak to it but we have the agent for the applicants before us.
Please introduce yourself and elaborate on anything that I may have mentioned.
TOM JARRETT-Good evening, my name is Tom Jarrett. I am with RU Holmes Engineers. Mr.
Supervisor, the introduction was perfect. I'm here to support the zone changes that would benefit
a number of owners around the Town but more specifically I'm here to represent the estate of
George Sicard. He has a site on Queensbury Avenue that would benefit from these changes. That
site has stored boats for many, many years. It does not currently comply with current zoning so
these changes would support that current use.
Regular Town Board Meeting, 05-06-2024, MTG 915 79
SUPERVISOR STROUGH-Any questions from the Town Board members before I have, open
the Public Hearing on this for the agent? Seeing none, alright Tom you may have a seat, I may
call you back later.
MR. JARRETT-Yes
SUPERVISOR STROUGH-Public Hearing is now open. Is there any member of that wishes to
speak to this proposed zoning change amendment? Alright, seeing none, I'll close the Public
Hearing. The Planning Board has already done a SEQRA on this and their Declaration was
Negative, and they recommend the proposed zoning. And the Planning Board also issued a
favorable recommendation to the Town Board on this proposed zoning change and a Negative
Declaration on SEQRA. The County has reviewed this, and they have mentioned no County
impact and there is a Public Hearing on this, and I opened it, and I closed it and so any additional
questions or thoughts from Town Board members?
COUNCILMAN MCNULTY-No
SUPERVISOR STROUGH-Alright then I'll entertain a motion to authorize adoption of this
Local Law in accord the way it's been describe here tonight.
PUBLIC HEARING CLOSED
RESOLUTION AUTHORIZING ADOPTION OF LOCAL
LAW NO.: 2 OF 2024 TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO MAKE CERTAIN
CHANGES REGARDING STORAGE YARDS
RESOLUTION NO.: 175, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, the Estate of George Sicard (Sicard) submitted a Petition for Change of Zone
application to the Queensbury Town Clerk's Office on or about October 23, 2023 to amend Chapter
179(Zoning)of the Town Code to amend the definition of"Storage Yard"and to allow storage yards
in the Commercial Light Industrial (CLI) zoning district by Special Use approval, and
WHEREAS, Sicard has also submitted applications to the Planning Board for Site Plan
Review and Special Use Permit approvals to allow continuation of the storage yard at the
property known as 340 & 366 Queensbury Avenue, Tax Map ID: 297-.20-1-2.1, and
WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: 2
of 2024 entitled, "A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to
Make Certain Changes Regarding Storage Yards", and
WHEREAS, by Resolution No.: 385, 2023,the Town Board referred the application to the
Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Code, and
Regular Town Board Meeting, 05-06-2024, MTG 915 80
WHEREAS, at their meeting of January 23, 2024, the Planning Board issued a SEQRA
Negative Declaration on the proposed Zoning Code changes and the Site Plan and Special Use
Permit applications, and
WHEREAS, at the same meeting the Planning Board also issued a favorable
recommendation to the Town Board on the proposed Zoning Code change, and
WHEREAS, by Resolution No.: 385, 2023, the Town Board also referred the application
to the Warren County Planning Department for New York State General Municipal Law §239-m
review, and
WHEREAS, on December 1,2023,the Town received a recommendation from the Warren
County Planning Department dated 11/24/23 of"No County Impact," and
WHEREAS, before the Town Board may amend the Town Code, it must hold a public
hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law,
and
WHEREAS, the Town Board duly held a public hearing on Monday, May 6, 2024 and
heard all interested persons, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2024
entitled, "A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to Make
Certain Changes Regarding Storage Yards", and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to send a copy
of this Resolution and the approved Local Law No.: 2 of 2024 to the Town Planning Board, Town
Zoning Board of Appeals, Town Zoning Administrator and the Warren County Planning
Department, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit approved Local Law No.: 2 of 2024 to the New York State Secretary of State for filing in
accordance with the provisions of the Municipal Home Rule Law and acknowledges that the
Local Law will take effect immediately upon filing by the Secretary of State, and
Regular Town Board Meeting, 05-06-2024, MTG 915 81
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.
Duly adopted this 6 h day of May, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Freer, Mr. Dixon
NOES None
ABSENT: Mr. Metivier
LOCAL LAW NO.: 2 OF 2024
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING"OF
QUEENSBURY TOWN CODE TO MAKE CERTAIN
CHANGES REGARDING STORAGE YARDS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
Section 1.Intent; Authority-The Town Board wishes to amend its Zoning Code
regarding storage yard uses. This Local Law is adopted in accordance with New York
State Municipal Home Rule Law.
Section 2. Amendment of Zoning Law - Chapter 179 of the Queensbury
Town Code entitled, "Zoning" and known as the"Town of Queensbury Zoning Law"
is hereby amended as follows:
A. Section 179-2-010 entitled"Definitions and word usage" is amended as follows: C.
STORAGE YARD —A commercial site and of buil,a:,,,-S where materials, supplies,
er personal items and/or registered cars, recreation vehicles and boats are stored.
This definition shall not include sales, service or occupancy uses.
B. Section 179-10-070 entitled, "Specific Standards"" is amended as follows:
GG. Morage Yard.
Regular Town Board Meeting, 05-06-2024, MTG 915 82
(1) Storage yard facilities shall be on lots equal to or greater than five (5)
acres in size.
(2) Storage yard facilities shall provide landscaped screening around the
perimeter of all areas used for such storage. Such screening shall serve to
block the view of the storage area from view from adjoining properties
and public rights of way. Fences may be permitted around the perimeter
of areas used for storage, but any fencing shall be placed behind
landscaped screening.
(3) The storage yard owner shall conduct visual assessments of the property
every four (4) months, and retain documentation of all such inspections
on site. Such documentation shall be made available for review by any
authorized Town employee upon request.
(4) Storage yard facilities are prohibited on lots with road frontage on
regional arterial roads as listed in§179-19-030(A) of the Town of
Queensbury Zoning Law.
C. Attachment 4 entitled, "Table 4: Summary of Allowed Uses in Industrial Districts,"
is hereby amended as follows:
Veteran's Field Commercial Light Heavy
Light Industrial Industrial Industrial
Industrial Use Table VF-LI CLI HI
Storage Yard SUp6
6 Storage yard facilities are prohibited on lots with frontage on regional arterial roads.
Section 3. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 4. All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local Law are hereby repealed.
Section 5. This Local Law shall take effect immediately upon filing in the Office
of the New York Secretary of State as provided in New York Municipal Home Rule Law
§27.
2.2 PUBLIC HEARING—PROPOSED LOCAL LAW NO.: OF 2024 TO
AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO AMEND
ZONING MAP TO CHANGE ZONING DISTRICT DESIGNATION FOR TAX MAP
NO.: 303.5-1-79 AND TO AMEND TABLE 1: TABLE OF AREA REQUIREMENTS.
Publication Date: April 6, 2024 and April 23, 2024
Regular Town Board Meeting, 05-06-2024, MTG 915 83
SUPERVISOR STROUGH-So this is the old Meads property. Are you the agent for the
Applicant? If so,please come forward.
ATTORNEY JEFF MEYER-I am Mr. Supervisor.
SUPERVISOR STROUGH-Let me try my description and then you can add in to it if you wish.
SUPERVISOR STROUGH reviewed proposed application for change of zone. So, we gave this
to the Planning Board for their review and recommendation. The Planning Board did review this,
did listen to the Public, did do a SEQRA review. They recommended the proposed zoning
changes and their SEQRA review was a Negative, no large impacts. So, on March 19'h the
Planning Board issued a SEQRA Negative Declaration on the proposed Zoning Code changes
and the site plan and the special use permit applications and issued a favorable recommendation
to the Town Board on the proposed Zoning Code change. The Warren County Planning
Department reviewed this and approved it and there will be a Public Hearing on this tonight. We
did receive some public comments on this already. I'll make note of that before I open the Public
Hearing. Alright, we have a petition from, a lot of people have signed it, they're opposed to the
current Meads Nursery property and they give five reasons why: They talk about the old pond,
the density is incompatible with the neighborhood, it'll increase nighttime noise, light and
activities, threaten their quiet way of life, it creates hazards related to increased traffic and there
is a bunch of people that have signed that petition. There's two petitions, some of them have got
the same name on both petitions. Then we received a letter from Quantum Chiropractic, and they
are in favor, they own property at 357 Ridge which is adjacent to the property of 361 and we'd
like to express our support and approval of the zoning change. We feel it would be in the best
interest of our neighborhood to see that property rehabilitated and put to good use. And then
Jason Halliday owns Advanced Rental and Supply of 398 Quaker Road. I want to show my
support for the residential project for Foothills Builders, I would prefer to see Residential or
Light Commercial similar to what was there prior not a big box store. Alright, so Betty, did I
miss any?
DEPUTY TOWN CLERK MURPHY-That was them, no.
SUPERVISOR STROUGH-Okay, alright so that's the overview. Please introduce yourself for
the sake of the record and then elaborate on, beyond anything that I have stated if you would
please.
ATTORNEY MEYER-Certainly. Thank you, Mr. Supervisor my name is Jeff Meyer, I'm an
attorney with Meyer, Fuller and Stockwell and I represent Foothill Builders in this mission of the
zoning change application and Planning Board materials that have been received and reviewed. I
believe your summary is accurate and encapsulates what has been discussed to date. A few
things I would add is that my client has been essentially diligent in trying to come up with a
solution to this unique parcel based on the desires of the Mead family and what would essentially
be respectful to the community and the mixed adjoining uses. The Comprehensive Plan that this
Town has adopted talked about transition areas from Commercial, High Intensity Commercial to
Neighborhood Residential. And we feel that slightly higher density from the MDR, under certain
circumstances which we elaborated on, would be appropriate as part of that transition. This
property and the area in general leads right into the City of Glens Falls, it's in close proximity. A
lot of those City lots are a quarter to a third of an acre lots along with a lot of the lots in the
neighborhood. A lot of the adjoining properties are only 50 feet wide, and you know .25, .3
acres. So that was essentially how we came up with the density calculation. You're right in the
fact that we wanted more, but we've always been willing to compromise. We've heard the
comments of the Planning Board and made adjustments. We've heard the comments of the
public and have made adjustments and continue to make adjustments. A lot of the comments that
the Planning Board received and that are included in the petitions are site plan concerns which
we're happy to address. You know there are ways to reconfigure buildings. There's ways to add
screening, plantings, landscapings, stormwater design controls. All of that will be addressed to
the satisfaction of the Town Engineer and to the desire of the Planning Board.
SUPERVISOR STROUGH-And I believe you are going before the Planning Board, if it gets by
here on May 14''.
Regular Town Board Meeting, 05-06-2024, MTG 915 84
ATTORNEY MEYER-That would be ideal. You know but you know we certainly can't move
beyond this Board until this Board is happy with any proposed zoning amendments.
SUPERVISOR STROUGH-Okay.
ATTORNEY MEYER-So I mean that's kind of the nutshell that this Board has seen this project
over a number of years, so we think we've come up with something that works for the
community and works from a zoning perspective. The one other thing that I'd highlight is the
multi-family residential is a function of ownership and trying to minimize the need for variances.
If each of the individual units were to be under private ownership it would be zero lot lines, it
would be a question of whether the road needs to be bigger, to Town specs. By having it remain
common ownership and used as rental you have town homes that are rented out. They're treated
like single-family homes, but this isn't, these aren't apartments. You know these are essentially
town homes but in order to avoid additional zoning variances and additional complications with
the Town Code we've decided to make them common ownership.
SUPERVISOR STROUGH-Okay. Any questions for the agent for the applicant?
COUNCILMAN MCNULTY-Yes John, I've got one. The petition talks to the 50-foot culvert
and the wetlands. Can you tell me, we've talked about this but explain to the others, how the
constructions going to affect, I don't think it is going to affect it, but explain to the public how
you're going to mediate possible concerns for that pond.
ATTORNEY MEYER-Absolutely, our engineer has reviewed this a number of times, and his
design proposal has met the satisfaction of the Town's Engineer. We're required to keep all
stormwater on site and that is how we've designed the project. You know the pond that was
originally created and enhanced for irrigation and for the use of Meads has become a question as
to whether it's a Federal Wetland. We've addressed that answer. We've gotten the approvals
from Army Corp that say no, it isn't, but you still need to design the site to maintain all
stormwater on site. And we have numerous stormwater controls designed in the plans that meet
that standard. Unfortunately, this property is kind of downhill from the rest of Meadowbrook but
that's our burden, you know that's not one for the community and that's one that we've
engineered a solution to.
COUNCILMAN MCNULTY-Thank you.
ATTORNEY MEYER-Welcome.
SUPERVISOR STROUGH-Other questions from the Town Board before I open the public
hearing? Alright seeing none. Mr. Meyer, you'll have a seat, and I may call you back up later.
Okay, I'll open the Public Hearing. Is there any member of the public that would like to speak to
this proposed Local Law amending Chapter 179 in accord the way I've described it. Yes, ma'am
please come forward and identify yourself for the record.
JACKIE CORDELL-Hi, my name's Jackie Cordell. I live at 349 Ridge. I'm one of the few
properties that actually border the Meads site and I just wanted to express some of my concerns.
I appreciate not wanting a big box to come in with the tractor trailers and everything. I think that
this plan is still too large for this neighborhood. I'll reference 179-3-40 where it defines
Moderate Density Districts being intended to protect the character of Queensbury's low medium
and high density strictly single-family neighborhoods and I do feel like having 16 buildings of 64
units of three-bedroom town homes in my backyard does jeopardize the character of our
neighborhood. Would you be able to explain again why single-family homes would not be
possible back there, maybe instead of 64 town homes maybe six to 10 single-family homes. Why
would that not be possible?
SUPERVISOR STROUGH-Well, first of all it's in a Commercial Core that Commercial
Intensive Zone which this parcel is part of that, it's part of that Quaker Road corridor and as you
know you've got the Rod Hall, you've got the big boxes, you've got the car dealerships, it's,
there's a lot of items that are of great impact.
MS. CORDELL-But this would be changing the zoning to a Moderate Density Residential.
Regular Town Board Meeting, 05-06-2024, MTG 915 85
SUPERVISOR STROUGH-Something more transitional is what we call it. In other words, you
have Commercial, High Intensity Commercial, you have your single family what is considered to
be transitional between the two and that would be residential and multi-family residential would
be transitional.
MS. CORDELL-So on a public sewer system it's one dwelling unit for one acre, correct?
SUPERVISOR STROUGH-In MDR zone?
MS. CORDELL-Yes.
SUPERVISOR STROUGH-In a place that has municipal sewer? That's correct.
MS. CORDELL-So that property could be used.
SUPERVISOR STROUGH-Yes.
MS. CORDELL-If changed to.
SUPERVISOR STROUGH-It could but if we were to change it to single-family, which I don't
think the Board would do but I can't speak for them. We tried to get something that would be in
between.
MS. CORDELL-Okay. So, the second petition that had gone around. There was two petitions.
One was against the actual build of 64 apartments in the neighborhood and the second was
actually against the re-working, that amendment to the zoning ordinance that allowed for six
units per acre on, under the MDR zoning. I just wanted to make that clear that there were
actually two different issues at hand on the petition. It wasn't the same petition just reworked it
was two different ones.
SUPERVISOR STROUGH-Alright thank you.
MS. CORDELL-I had stated at the Planning Boards prior, the meetings prior to this and I just
want to reiterate my concerns to you all that I have concerns surrounding the safety of children
being a walking school district and I'm very skeptical regarding the accuracy of the traffic study
that was done particularly around the unaccounted traffic coming in and out of Cumberland
Farms where one of those ingress, egress, ingresses will be. And the low estimated number of
vehicles that would exit that development in peak morning hours which includes the start of the
school day. The traffic created by a 64-unit multi-family complex, each unit with three bedrooms
was compared to the traffic of the seasonal business that Meads was operating during business
hours not permanent 24/7 in and out of that. So, I just find it hard to believe that it would
compare equally. I found Meads to not be bothersome at all when they were at, in behind my
property. It was nice to have that as part of our community. I enjoyed shopping there and I really
was not bothered by their traffic but again they were a seasonal business, you know eight to five
pm or whatever business hours and of course not year-round it fluctuated depending on the
season. So, I just don't think it's fair to compare the traffic study that seemed a little light and I
would encourage further evaluation of that traffic study because it just didn't seem comparable to
what Meads was. And I would also like to point out that I worry about the school census and
traffic around the school at times of drop off and pick up and just the number of people that
would be populating that small neighborhood area again town homes okay, why so many in that
area. We have two parties that gain, stand to gain from this transaction and make profit and then
you have everybody else that lives there that has to deal with whatever happens, so I just ask that
you keep that in mind thank you.
SUPERVISOR STROUGH-Okay thank you. Yes, ma'am please come forward, identify yourself
for the sake of the record.
TANYA SOMMERS-Sure.
SUPERVISOR STROUGH-And turn the microphone your way please.
Regular Town Board Meeting, 05-06-2024, MTG 915 86
MS. SOMMERS-My name is Tanya Sommers. I live at 353 Ridge. This property borders my
property on two sides and where it does border my property is where the density of the buildings
are going to be built. It seems a shame that there is that much property, but all of the buildings
are literally going to be put up against the fences of the neighboring houses that live there, where
we will have 24 backyards literally in our backyard. And I don't know what it means, he said
they're shared, shared something. If it's an apartment like these leases change, if people are
buying the houses and they actually have deeds. I don't know what it is, I don't get it.
SUPERVISOR STROUGH-It's like a town house arrangement with commonly owned property.
MS. SOMMERS-What does commonly own mean?
SUPERVISOR STROUGH-Well, I'll have Mr. Meyers speak to that.
MS. SOMMERS-Right so I've seen the other properties and apartment buildings in the area. I've
seen the trash on the street. I've seen their turnover. I've, I've, we own properties in the area and
I'm just very concerned for the amount of people whose backyards are literally going to be
bordering two sides of my backyard. It just, it's a shame they're just not spread out more I just
don't know why they can't be spread out more.
SUPERVISOR STROUGH-And your last name just to make clear is Sommers.
MS. SOMMERS-Yes.
SUPERVISOR STROUGH-Okay thank you.
MS. SOMMERS-Thanks.
SUPERVISOR STROUGH-And yes sir, identify yourself for the record.
JOE LEUCI-Good evening my name is Joe Leuci with Foothill Builders and I just want to speak
a little about the project and speak to the neighbors. I appreciate all the time that they've spent I
know there have been several meetings and you've all been out, so I know you're taking a lot of
time out of your lives but couple things that we've done since our last Planning Board meeting is
I've met with Matt, and you know we've heard your concerns. We're working on re-aligning the
property before we make it back to site-plan review where we're going to pull the buildings in
toward the middle more to give ourselves more room for screening and green space in between
the new buildings and the existing neighbors. Like I said we heard the concern of the buildings
being too close and we appreciate that, and we are trying to move them farther away from your
backyards to enhance your privacy. Regarding what we're building, these are town homes.
They're single entrance into each building. They're each going to have their own garage, it's not
going to be, you know bikes littered through the property. It's going to be well maintained. It's
going to be landscaped, mowed weekly and taken care of. It's going to be a nice-looking piece of
property that's not left to be overrun. We own similar properties in Queensbury, the townhouses
with garages, and we've had next to no turnover. So, I think it's important to remember that, you
know, that while they don't own the properties they will be long term residents and long term
neighbors and they are going to care for the neighborhood the same way you do. They are going
to not speed on the streets because they live there too. So, we know that's a concern that a lot of
people have but I think it's kind of a misnomer to think that people are going to be you know
racing up and down the streets and littering because it's going to be their home too. That's all.
Thank you.
SUPERVISOR STROUGH-Okay thank you. Yes, sir please come forward. Identify yourself for
the record. Share your thoughts.
BRIAN STRAUB-My name is Brian Straub I live at.
SUPERVISOR STROUGH-Brian Frost?
MR. STRAUB- Straub.
SUPERVISOR STROUGH-Will you spell that?
Regular Town Board Meeting, 05-06-2024, MTG 915 87
MR. STRAUB-S.T.R.A.U.B. I live at 329 Ridge.
SUPERVISOR STROUGH-Okay thank you.
MR. STRAUB-I'm going to ask you to postpone this decision for 30 to 60 days for a very
specific reason. At the Planning Board meetings, the Planning Board has been supremely
uninterested in that pond that's been on that property for at least 50 years. Long-term residents
state that it was there before Meads, but I can't verify that. But earlier, I guess it was in March, I
was confused by why DEC wasn't taking jurisdiction over that because if you walk by it,
anybody who's walked by it, or driven by that can...sits glowing neon green and the woman up
there, a biologist, explained to me their planning system, their mapping system it was cross the
line they couldn't take jurisdiction and so just off hand we were talking in the lobby I said what
would you do if it came to you next January? She said I'd exert jurisdiction over it, draw up a
300-foot line around it and state no disruption of those soil. So that's what she as a biologist
would do. You, you do know I think that it's connected to the 18.2-acre wetlands on the other
side of Meadowbrook by 50-foot culvert, culvert which you may not know is 200-feet away from
where that culvert enters the wetlands. 200-feet away is the culvert that flows north under
Quaker Road to all those wetlands that go up almost to Route 149. So, we've been concerned
about what is in that pond and nobody was testing it and so we decided to test it. It's private
property, we couldn't go and do a test from the center of the pond but one of our neighbors,
that's going to talk in a minute, is a water scientist, got at sediment and water sample. And what
we could do was to send it off to certified mail in Massachusetts where they would, it's called
digestion, my understanding is they pulverize the whole thing and then see what's in there. And
those very simple tests showed that the amounts of aluminum in there are two orders of...100
times EPA standards and I didn't know, and he explained to me and he will explain to you that
aluminum in this kind of context is extremely toxic not only to fish but to amphibians which also
means birds that are feeding on them. Phosphorus is off the charts. While I was talking to Bob
Bombard up at the County on the phone, he, about this pond, he was looking up, he's very fast
with his internet, he was looking at things as we were talking and he's looking at pictures, oh my
God I'm looking from space and it's neon green and so he was, he was like well it's clearly an
afflicted pond. We don't know how afflicted it is. There's also high levels of iron and high levels
of lead, it's basically a toxic pond. We don't know, nobody knows if the toxins, or the toxic
materials are in just the water, or if in the water or if just in the sediment. It's not a deep pond.
The current project will have a lot of hard scapings, roads and buildings, roofs and cars and
everything. When we get heavy rains, they have storm management built into them. But it's built
for storm management isn't the higher, much higher standard for preservation of wetlands. If the
water flowing through that property at higher velocity stirs up the bottom of that pond whatever
is in that bottom of that pond is going to flow right through that culvert into the 18.2 wetlands
and probably because of the proximity of the other ones, up into the wetlands there. So what
we're requesting is that you pause for a month or two, get somebody who's not connected to us
and the neighborhood, not connected to the developer, not connected to the land owner to go and
test that pond and see if that's a toxic wasteland. Because if it is then this property development
has to make sure that those toxins, toxic materials, are not going to be disturbed and flowing into
our wetlands. The Planning Board has been uninterested in this. If there's a, if we, if we, what
we think is true and that is a toxic mess at the bottom of that pond. If that's true and this goes
forward and our wetlands are harmed by this it's going to be a very, very expensive and difficult
to clean up. So that's what we're requesting. Not saying don't do this, we're saying put a pause
on, get an independent agency to test that pond so everybody knows what's down there and
whether or not, maybe it's ok, maybe their project will be like no its ok what they've got is going
to be fine but maybe not and it's a huge risk to not get it tested.
SUPERVISOR STROUGH-Okay.
MR. STRAUB-Thank you.
SUPERVISOR STROUGH-Thank you. Yes, sir please come forward.
VINCE MORIARTY-Hello my name is Vince Moriarty. I live at 320 Ridge Road. And I do
want to apologize, this is the first time I've said the pledge of allegiance since I was in middle
school, and I didn't take my hat off, sorry about that.
Regular Town Board Meeting, 05-06-2024, MTG 915 88
COUNCILMAN MCNULTY-Your taxes are going up. Sorry.
MR. MORIARTY-Two points, I will be very quick because these are two points that were
brought up earlier. About the traffic report, I was actually one of the people who, who was
lobbying for the traffic report initially. My main concern was the intersection between
Meadowbrook and Ridge there's a, it comes to a Y. I was, I'm concerned about all the traffic on
there but that's an especially dangerous intersection when you know it. Theres a really awkward
yield situation where it's not clear, for people who don't know the area, who yields to who. I, I
live literally right there and I've heard a lot of breaking, hard breaking, a lot of squealing when
you know and accidents as well there's a bunch of broken car taillights there to prove that it's a
dangerous intersection and so any increase in traffic especially the traffic that they are talking
about here, I think is really going to be real detriment to an already, an already poorly designed
intersection. And so that, that among, along with what Jackie said I think the real concern is not
so much the ingress and egress points to the main road but it's this very dangerous Y
intersection. The second point I want to make, I just want to second everything that, that Brian
just talked about in terms of the wetlands. I have some serious concerns about the impact of the
wetlands I think I, aside from what DEC said I know the Town itself chapter 94 the declaration
94.2 it talks about preserving, protecting, and conserving the wetlands. So, it's something that I
think everyone here in the Town is in agreement on that these are important ecological areas
even if you know no one's even if the birds and frogs aren't paying taxes, these are important
areas. That's a heavily, as Brian said, the test results indicate it's a heavily impacted body of
water as far as we can tell. I'll just, I just one point that really hammered it home to me in terms
of the amount of heavy metals in there. EPA has a standard for one-hour toxic exposure. The
amounts in that pond are two times that. So, if you can imagine if you put a fish in a body of
water for an hour you're looking at a lethal amount and the pond, the sediments in that pond are
two times that so this is like. So, this is...higher than, there's no fish living in there. It's going to
be a pond without fish and amphibians for... So it is, it really is a scarily impacted pond. It has a
history of spills that the village did disclose. It is a DEC, former DEC petroleum bulk facility so
there a lot of stuff could've been entering into that pond. And the last thing I want to, the last
thing that I will mention here is as Brian said a lot of the plans that I've seen, we've looked at
they are only dealing with flood concerns so this is the standards should be higher for wetland
preservation. I know people, the gentleman over here talked about all the waters going to stay on
the property and I'm looking through the building plan they specifically state that the runoff is
going to go into the neighbor's properties. Yes, will stormwater run-off flow into adjacent
properties, yes. And then they took, under the DEC plan they say two new culverts will be
installed to discharge within the shoreline of existing on water fresh, onsite freshwater pond and
the existing culvert will discharge from onsite freshwater pond and freshwater wetlands on
adjacent parcels. So, it very clearly, to some extent, there plans are for water to enter that pond
and then discharge not being kept. I mean I'm not an expert, I'm not an engineer, I'd be happy to
hear if I'm misunderstanding this but in several cases in their own application they mention that
their plan is to have water come off the land into the pond and then into the wetland there and
putting a lot more imperviable service sorry, imperviable surface, I'll stop I think I said enough.
I'm happy to ask any questions but those are my concerns.
SUPERVISOR STROUGH-Okay, alright thank you. Yes, sir please come forward.
RICHARD ATKINSON-Hi, my name is Richard Atkinson. I own the property at 34 Meadow
Lane which is just up from Quaker Road. In fact, my back yard backs onto the National Grid
right-of-way that runs onto Quaker Road. My concern is water. Basically, if you, if you look at
the petitions you'll find that there's a fair number of people all along Meadow Lane who signed
those petitions and the one thing that all of us are concerned about is water because while I know
you can't go back and redesign the past I have serious questions on how some of the things that
are already over there like the Meadow Lane properties and the Regency Park Apartments and
all of that we've already got more water than we can take. I mean I think that I'm very lucky
because we don't have a wet basement. We have a sump pump that mostly keeps track of it.
We've had one or two problems but there are neighbors all along that street who have wet
basements every one of them and you know as has been stated yes the pond that connects to the
wetlands that goes under the road and basically puts the water into my neighborhood now.
We've gotten more than enough water as it is and everybody in my neighborhood is concerned
about this. During bad storms, I mean some of the driveways in my neighborhood run like
whitewater from all of the water that,just charging out into the street and in the whole end of the
street is literally under water. Anything that comes along, now we're taking an 11, basically an
Regular Town Board Meeting, 05-06-2024, MTG 915 89
11-acres sponge and paving over a whole bunch of it. I don't see how that is not going to affect
water to my neighborhood and to all the surrounding areas. That's all I've got, thank you.
SUPERVISOR STROUGH-Okay thank you. Anybody else like to speak to this application?
Alright Mr. Meyer, would you return? Alright, the first question that I have is can you explain
the commonly owned ownership situation that's being proposed?
ATTORNEY MEYER-Certainly. So, the 11-acres and the individual structures, houses,
residents, townhomes will all be owned by a single entity. You know Foothill Builders Homes,
LLC or some generic LLC and from that they will be, the individual spaces will be leased to
tenants it is say analogous to a homeowner's association in that, you know they are going to
ultimately be responsible for everything, but the individual living space will be leased to tenants.
Clear as mud?
SUPERVISOR STROUGH-So, if, if I want to have a place in what's being proposed will I own
the place?
ATTORNEY MEYER-You will not.
SUPERVISOR STROUGH-Will I be leasing it?
ATTORNEY MEYER-You will be leasing it.
SUPERVISOR STROUGH-Alright.
ATTORNEY MEYER-Were you to want to own it we would have to come back here and, not
here as the Town, not here as in the Town Board and request a number of variances for zero lot
lines so it would change to just a postage stamp, you would own the structure.
SUPERVISOR STROUGH-Okay.
ATTORNEY MEYER-The HOA would own everything else, but it would still at the end of the
day it would still be either an HOA or Foothill Builders that would be responsible for
maintaining all of the green space.
SUPERVISOR STROUGH-And a lot of the issues that were brought up would be something that
the Planning Board would have to deal with. This Board is taking a look at the proposed change
of Zone and is it appropriate given the, you know,parameters that we have put on it for
situations like this. In other words, it abuts a Commercial Intensive Zone and at the same time
you have a residential area does this seem to be a good fit. So that's what we're looking at. A lot
of the other issues would be Planning Board issues, what they would look at. But just out of
curiosity what do we know about that pond, anything?
ATTORNEY MEYER-We know that DEC doesn't list it as superfund site or a brownfield or
anything else with heavy contamination. I know that my client, I shouldn't say that, I believe that
my client did a phase one and a say a modified phase two in certain areas just to make sure that
there wasn't contamination. Yes, there were bulk storage permits associated with it, for above
ground tanks. The tanks have all been removed. There's no sign of contamination within the soil.
It was, you know, a nursery and greenhouse so there are going to be pesticides around but based
on the preliminary investigations, they didn't reveal anything that was high levels or anything
that would trigger any additional DEC regulations or EPA violations or anything like that in the
soil.
SUPERVISOR STROUGH-Okay and again stormwater and those issues would be Planning
Board issues.
ATTORNEY MEYER-Correct.
SUPERVISOR STROUGH-But just out of curiosity is any of the stormwater being directed
towards this pond?
ATTORNEY MEYER-Eventually there is stormwater that will reach the pond.
Regular Town Board Meeting, 05-06-2024, MTG 915 90
SUPERVISOR STROUGH-Yes.
ATTORNEY MEYER-But it's, there are a number of design controls that will slow it down and
allow it to be absorbed and otherwise treated before it gets to the pond. It has been designed for
the 100-year storm. It's in accordance with the Towns Regulations. You know if, if you get a
100-year storm water will go into the pond and water may flow out of the pond and may enter
the larger stormwater collection system. There's no way to prevent that. There's no other
property in the Town of Queensbury that is forced to design above that.
SUPERVISOR STROUGH-So again that's a site plan issue if it gets by this Board and goes to
the Planning Board is something that legitimately they could ask the Town Engineers to look
into this matter.
ATTORNEY MEYER-Correct and I believe they have.
SUPERVISOR STROUGH-Oh okay. So again, the pond stormwater run-off, traffic seems to be
a big concern although you know, I remember when if you ever used the Rush Pond trail.
ATTORNEY MEYER-I have.
SUPERVISOR STROUGH-There's a lot of people concerned about the number of apartments
that went in there and are there and the traffic flow is very light. One advantage of apartments, it
doesn't have usually that eight peak and five PM peak its generally throughout the day people
coming in and out. So, it's more moderate than some of your other enterprises might be in a
Commercial Intensive Zone. If we were to leave it Commercial Intensive the impacts could be
much more impactful, if you will. While the agent's here, are there any questions from Town
Board members?
COUNCILMAN MCNULTY-So you're not aware of any studies or actually the samples they
took of the pond have been tested?
ATTORNEY MEYER-I was unaware that anyone pulled samples from the pond.
COUNCILMAN MCNULTY-That wasn't my question.
ATTORNEY MEYER-Okay.
COUNCILMAN MCNULTY-Did you, did LLC or the Foothill Builders or anyone connected
with this project take a sample and have it tested?
ATTORNEY MEYER-We haven't pulled any samples from the pond.
COUNCILMAN MCNULTY-And given the phosphorus ring and either of you can answer this, I
guess. Why would you not think that's appropriate or necessary? If it is a phosphorus ring, I
haven't seen it so I'm going with what's been said tonight. I mean if it looks like it's out of the
norm wouldn't it have been tested somewhere in the process?
ATTORNEY MEYER-We tested the upland areas. I don't believe that there was any digging or
disturbance in the pond. One of the reasons why we didn't touch the pond was at the time it was
believed to be Army Corp jurisdiction and it was advised to us to stay away.
COUNCILMAN FREER-Well let's, let's be clear Army Corp jurisdiction requires 12-acres
right, minimum and but all those rules are changing especially in New York State right?
ATTORNEY MEYER-Agreed.
COUNCILMAN FREER-Okay just.
ATTORNEY MEYER-I mean no, I mean you look at the most recent Supreme Court case on it,
it's not and there is no argument because there's no above ground connection. Agree with it or
Regular Town Board Meeting, 05-06-2024, MTG 915 91
disagree with it, you know the rules have changed significantly from when we first started
designing this project as it relates to wetland jurisdiction.
COUNCILMAN DIXON-I guess the pond itself, so there's a couple of aspects here as far as the
density of dwellings, keeping the stormwater on the property, may not be a popular comment but
still think this is a better use that to put any sort of box store, convenient store in there which has
a lower permeability requirement as well too. So,putting dwellings on there, the permeability I
think is 40 percent or 30 percent. I'm sorry, let me give you the exact number. It's 50 percent, so
obviously less, less, less pavement, pavement there. And when we're talking about the pond
itself now that somebody is, well however they tested it, there might be an issue there. I would
think Foothill Builders now would be very concerned that there could be a liability there even
though it's not deemed, well say a hot zone, an EPA site that's of concern. Now if somebody out
in the audience here is going to call them, I don't know what is going to happen next. So, where I
am going with this is now, we talk about the 100-year storm and that pond is toxic, we don't
know if it is, we don't know if it's not but if it is toxic. Now we're talking about your, I'm going
to call it your water, your runoff is now going elsewhere. That's a responsibility that you would
have, and I just think that would be a significant concern at this point. So.
COUNCILMAN MCNULTY-And I guess that was kind of my point because it doesn't seem to
be a concern of theirs at this, and adding, they're business, they're successful businesspeople.
SUPERVISOR STROUGH-Is your mic turned on?
COUNCILMAN MCNULTY-It is now. They are successful so I would think that would have
been a concern but I would, what I would offer is a that we, that if this goes forward that we
reach out to the Planning Board in terms of a memorandum, to make sure they receive the
minutes of this and hear the concerns from the residents directly pertaining to the fact that they
don't think the Planning Board is listening before the next meeting before the Planning Board so
they are aware of it. And I know they are all, they're good people on the Planning Board I don't,
I find that hard to believe but if its, if it's a perception they have, it needs to be addressed. So, I
would just go forward with that.
ATTORNEY MEYER-I get, I would take issue with the fact that we don't appear concerned.
We're absolutely concerned. What my focus is.
COUNCILMAN MCNULTY-Please share that, how you're mediating that.
ATTORNEY MEYER-Absolutely, we are absolutely concerned, and these issues have,
everything that gets said at these meetings gets evaluated and taken back and looked at to see
how we can improve the project. The task of this Board is more policy and not specifics
necessarily relative to this parcel. So, to the extent that a comment may be more Planning Board
related, and this Board doesn't ask a specific question may not receive a specific answer that
doesn't mean we're not hearing it and we're not taking the comment to heart. It just means it
may not be as relevant as necessary to the conversation and to the approval of what we are
looking for at this moment. But it is absolutely something that has been heard and it has been
something that we've designed at least three times as it relates to that pond, make sure that the
stormwater is treated before it enters, and any potential impacts of stormwater are dealt with on
site.
SUPERVISOR STROUGH-Okay. One more opportunity anybody from the public like to speak
to this proposal? I have one more so Mr. Meyer if you'll have a seat.
ATTORNEY MEYER-Yes Sir.
ANNE GOBBO-My name's Anne Gobbo at 34 Meadow Lane. My confusion is and maybe they
can't answer it yet, the water they are going to keep it all on site, but they mention the culvert
that goes under Quaker Road. Is that carrying water from whatever they are doing over there to
under Quaker to over by where like Meadow Lane and Meadowbrook are? In other words, are
they carrying water over to us? Only reason I mention it is I, take the Regency Park Apartments
and then there's our street and there's Quaker and this new development but I, the people on our
street that are complaining of wet basements all the time even with sump pumps call the Town
they finally came after years of complaining and they dug up a big culvert and I don't know
Regular Town Board Meeting, 05-06-2024, MTG 915 92
anything about culverts and what not, but down near the end of Meadow Lane where it meets
Meadowbrook and they're huge and inside they are all clogged with roots and mud and this kind
of thing that's probably, that was going toward Regency Park Apartments. And if you drive by
Regency Park Apartments you will see along the roadside all the stagnant water. There's water
everywhere over there, this whole area. And I'm thinking ok when they build over there, which
is really a stone's throw from a lot of the people on Meadow Lane, when you look across the
street, is that going to somehow affect water coming more water coming towards that, our street?
SUPERVISOR STROUGH-Well this is something see we don't, those are site plan issues. They
are good questions.
MS. GOBBO-Oh.
SUPERVISOR STROUGH-And they are good concerns, and the Town Engineers would be the
ones to look at that. This Board is basically more narrow in our perspective of it. Is this change
of Zone transitional and appropriate given the context that we've put it in. A lot of the issues that
you've brought up are legitimate issues but those would be done at this time of the site plan, and
they would have to be addressed. So, I can't give you an answer because I'm not an engineer and
I don't know the layout to the stormwater flow of that area.
MS. GOBBO-Yes me neither. I just remember oh we are keeping it all on site and then they
mention the pipe going under Quaker over to us and I was like ut-oh what does that mean, you
know kind of worried me. But yes, I guess I have to wait to find out but by then they've already
gotten everything approved and you know there is no changing it or they do.
SUPERVISOR STROUGH-Well they don't have everything approved they're, if it gets by the
Town Board tonight then it will go to the Planning Board and on the 14'h of May you'll have an
opportunity to bring up these concerns and the Planning Board should address those somehow.
MS. GOBBO-Okay, yes okay well thanks.
SUPERVISOR STROUGH-Yes, Okay well thank you. One more opportunity for the public to
speak to this. Yes Ma'am.
JACKIE CORDELL-Is it okay if I ask one more question? I know I already went up.
SUPERVISOR STROUGH-You can come back. Just for the sake of the record repeat your
name.
MS. CORDELL-Jackie Cordell on 349 Ridge Road. My question is about the Zoning back to the
Zoning. You said that there is very limited space throughout the Town in which there's 10-acres
and all this. You know what the closest space to where this development would be?
SUPERVISOR STROUGH-No, but Stu Baker our Senior Planner looked at that and he said
there are very few spots.
MS. CORDELL-You think maybe around the corner where FW Webb was looking over by
Windy Hill? Would that also be a potential kind of compounding.
SUPERVISOR STROUGH-It could be a potential.
MS. CORDELL-And do you know about how many of these plots of land there are in
Queensbury?
SUPERVISOR STROUGH-There's not too many. No, I forget the number. Does anybody
remember?
COUNCILMAN FREER-I don't remember.
SUPERVISOR STROUGH-It was quite a while ago that we started looking at this.
MS. CORDELL-I was just curious as to.
Regular Town Board Meeting, 05-06-2024, MTG 915 93
SUPERVISOR STROUGH-Stu just said there's very few.
MS. CORDELL-Setting a precedent and then.
SUPERVISOR STROUGH-But that old FW Webb site might be one that could meet the criteria
here.
COUNCILMAN FREER-But that doesn't have two, it doesn't have two ins and outs. That's kind
of why we put that in there to limit the amount.
MS. CORDELL-Okay, even to Windy Hill around the backside?
COUNCILMAN MCNULTY-That was your suggestion not ours.
SUPERVISOR STROUGH-Okay thank you. Alright anybody else? The Public Hearing is still
open. Okay, I'll close the Public Hearing.
PUBLIC HEARING CLOSED
SUPERVISOR STROUGH -Town Board are you ready to decide on this tonight? Are you
ready?
COUNCILMAN DIXON-I think so. Is there anything with the petitions though?
COUNCILMAN FREER-So.
SUPERVISOR STROUGH-What's that?
COUNCILMAN DIXON-With the petitions that have been submitted do we want to give the
applicants.
SUPERVISOR STROUGH-Well Stu's looking into that but it's moot if there's four votes for it.
COUNCILMAN DIXON-Okay.
SUPERVISOR STROUGH-That's why I'm kind of asking.
COUNCILMAN FREER-Yes so, so my, I think what these guys have done is a good fit for that
property, but I have to say that given the pond and the changing wetlands and more conservative
approach to wetlands, this density could very well be told you have to provide more of a buffer.
So, I'm not prepared to vote for the 64 or the six for this specific, I understand that that you
know but I'm not comfortable with the risk of passing this now and having it become a
something that's not doable in nine months.
SUPERVISOR STROUGH-Okay so Commercial Intensive which as Councilman Dixon pointed
out would have even a more dramatic impact on potential stormwater in the area because this
proposal being Residential will offer more permeable space than a Commercial Intensive.
COUNCILMAN FREER-Okay.
SUPERVISOR STROUGH-And a lot of those issues should be addressed by the Planning Board.
Those are Planning Board issues.
COUNCILMAN MCNULTY-And so what we're doing is voting to send it to the Planning
Board for them to review and do the site plan analysis.
COUNCILMAN FREER-Okay, again we're doing this for this specific place and we're
broadening it for other closely related kind of things and the one that comes to mind is the one
we've been dealing with over on Home Depot which, in my mind is a closely related. They are
triplexes but they are going to be zero lot lines. They are coming in with a lot of variances. I
think we need to be very cautious about unintended consequences on this specific property and
Regular Town Board Meeting, 05-06-2024, MTG 915 94
on changing the zoning in this fashion with the wetlands implications that have been brought
forward.
SUPERVISOR STROUGH-So setting this for a month from now, that's still not going to change
your opinion.
COUNCILMAN FREER-Okay.
COUNCILMAN MCNULTY-I'm going to move for a vote to approve.
SUPERVISOR STROUGH-Alright.
COUNCILMAN FREER-Okay, you know my position. I'm not going to vote to approve but
don't we have a super majority requirement with petitions.
SUPERVISOR STROUGH-We don't know that?
COUNCILMAN FREER-Oh.
SUPERVISOR STROUGH-We'd be more comfortable with that but your questions will never
be answered so.
COUNCILMAN FREER-Okay.
SUPERVISOR STROUGH-It'll be on infinity. Town Counsel, do you have any thoughts on this
matter or no?
TOWN COUNSEL SCHACHNER-It's not, it's not up to us.
SUPERVISOR STROUGH-Alright, motion to approve made by Councilperson McNulty,
COUNCILMAN DIXON-I'll second it.
SUPERVISOR STROUGH-Second by Councilperson Dixon. Roll call vote please Betty.
DEPUTY TOWN CLERK MURPHY-Councilperson Strough.
SUPERVISOR STROUGH-Yes.
DEPUTY TOWN CLERK MURPHY-Freer.
COUNCILMAN FREER-No.
DEPUTY TOWN CLERK MURPHY-Dixon.
COUNCILMAN DIXON-Yes.
DEPUTY TOWN CLERK MURPHY-McNulty.
COUNCILMAN MCNULTY-Yes.
TOWN COUNSEL SCHACHNER-So now I have thoughts.
SUPERVISOR STROUGH-Now what?
TOWN COUNSEL SCHACHNER-Now I have thoughts.
SUPERVISOR STROUGH-Okay now.
TOWN COUNSEL SCHACHNER-So, it's important for the Town Board and the Public and the
Applicant to realize that despite what it would appear to be a clear, and it is a clear majority of
the Town Board having voted in favor of the proposed rezoning it is not necessarily the case that
Regular Town Board Meeting, 05-06-2024, MTG 915 95
that three to one vote accomplished the re-zoning as sought by the applicant. What we now have
to do is evaluate the protest petitions and see if they in fact established a super majority
requirement. And if they did, this is something that not too many people have been through, I've
been through this actually a surprisingly large number of times and it's hard for applicants to
understand this and it's really hard for public to understand this, but despite the fact that the re-
zoning was just approved by a three to one vote it is possible that that approval does not
constitute an approval but we'll have to do the evaluation.
SUPERVISOR STROUGH-Yes, alright so there's something we'll wait and see then.
COUNCILMAN MCNULTY-Well when will the public know how, how, this is the first time
I'm hearing about this process. How long does this evaluation process take?
TOWN COUNSEL SCHACHNER-Staff, staff is on it.
COUNCILMAN MCNULTY-I couldn't hear you.
TOWN COUNSEL SCHACHNER-Staff, our staff is on it by which I mean our Planning staff is
on it.
COUNCILMAN MCNULTY-Okay.
TOWN COUNSEL SCHACHNER-It involves a provision State Statute that affords the public an
opportunity to submit what is called a protest petition. Two petitions, I think have been
submitted here the petitions have to comprise signatures of 20 percent of the owners of the land
that is subject to the re-zoning. I don't think we have that. Or 20 percent of the land adjacent to
the land proposed to re-zoning within 100-feet we may or may not have that. Or 20 percent of
the land opposite, across the street, across the road from the land that's proposed re-zoning again
within 100-feet of that frontage. We may, we have two petitions, they were submitted today. I
don't think it would have been fair to, I don't think our staff could have evaluated them you
know same day service, but they are on it. Two members of our Planning and Zoning staff have
already conferred with us about this and they know what to do and the outcome of that will
determine whether the vote constitutes approval of the re-zoning or not.
SUPERVISOR STROUGH-Okay. Yes, this just came this afternoon.
COUNCILMAN MCNULTY-Okay. So, it could be, or it could not be.
SUPERVISOR STROUGH-Right.
TOWN COUNSEL SCHACHNER-Correct.
SUPERVISOR STROUGH-Alright we'll look into this matter, and we'll see what happens.
ATTORNEY MEYER-Thank you very much.
MR. LEUCI-Thank you.
SUPERVISOR STROUGH-Okay thanks.
RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW NO.: 3
OF 2024 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY
TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING
DISTRICT DESIGNATION FOR TAX MAP NO. 303.5-1-79
AND TO AMEND TABLE 1: TABLE OF AREA REQUIREMENTS
RESOLUTION NO.: 176, 2024
INTRODUCED BY: Mr. Timothy McNulty
Regular Town Board Meeting, 05-06-2024, MTG 915 96
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, Foothills Builders, LLC (FB) submitted a Petition for Change of Zone
application to the Queensbury Town Clerk's Office on or about October 5,2023 to allow for a change
of zoning district designation for a parcel identified as Tax Map No: 303.5-1-79 from Commercial
Intensive(CI)to Moderate Density Residential (MDR), and
WHEREAS,by the same application FB is also requesting an amendment to the Queensbury
Zoning Code to state that Multifamily Dwellings in the Moderate Density Residential(MDR)zoning
district shall be entitled to a density of six (6) dwelling units per acre, in accordance with §A183-26,
subject to the following: (1) the Lot shall have a minimum gross land area of ten (10) acres; (2) the
Lot shall be served by municipal water and sewer; and(3)two points of ingress and egress to the Lot
shall be required from local arterial roads or collector roads, and
WHEREAS, FB has also submitted applications to the Planning Board for Site Plan Review
and Wetlands Permit approvals to construct sixty-four (64) multifamily dwelling units and a
community building on said parcel, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2024 to
Amend Chapter 179 "Zoning" of Queensbury Town Code to Amend Zoning Map to Change
Zoning District Designation for Tax Map No. 303.5-1-79 and to Amend Table 1: Table of Area
Requirements, and
WHEREAS, by Resolution No.: 365, 2023, the Town Board referred the applications to
the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Code, and
WHEREAS, at their meeting of March 19'', 2024, the Planning Board issued a SEQRA
Negative Declaration on the proposed Zoning Code changes and the Site Plan and Special Use
Permit applications and also issued a favorable recommendation to the Town Board on the
proposed Zoning Code change, and
WHEREAS, by Resolution No.: 365, 2023, the Town Board also referred the application
to the Warren County Planning Department for New York State General Municipal Law §239-m
review, and
WHEREAS, on October 24 h,2023,the Town received a recommendation from the Warren
County Planning Department dated 10/24/23 of"Approve," and
WHEREAS, before the Town Board may amend the Town Code, it must hold a public
Regular Town Board Meeting, 05-06-2024, MTG 915 97
hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law,
and
WHEREAS, the Town Board duly held a public hearing on Monday, May 6, 2024 and
heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2024
entitled, "A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to Amend
Zoning Map to Change Zoning District Designation for Tax Map No. 303.5-1-79 and to Amend
Table 1: Table of Area Requirements,"and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit approved Local Law No.: 3 of 2024 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.
Duly adopted this 6 h day of May, 2024, by the following vote:
AYES Mr. Strough, Mr. Dixon, Mr. McNulty
NOES Mr. Freer
ABSENT: Mr. Metivier
LOCAL LAW NO.: 3 OF 2024
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO CHANGE
ZONING DISTRICT DESIGNATION FOR TAX MAP NO. 303.5-1-79
AND TO AMEND TABLE 1: TABLE OF AREA REQUIREMENTS
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS.
Regular Town Board Meeting, 05-06-2024, MTG 915 98
SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by
amending the official Town Zoning Map to reflect a change of zoning district designation for a parcel
identified as Tax Map Nos: 303.5-1-79 from Commercial Intensive(CI)to Moderate Density
Residential (MDR).
SECTION 2. 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 3. §179-3-040(A)(3)(b)[1], entitled"Density"is hereby amended as follows:
[1] Density
[a] Two acres per dwelling unit if not connected to public sewer and water systems.
[b] One acre per dwelling unit if connected to public sewer and water systems.
[c/ Multifamily Dwellings) shall be entitled to a density of sir(6) dwelling units per acre, in
accordance with§A183-26, subject to the following:
(1) the lot shall have a minimum gross land area of ten (10) acres;
(2) the lot shall be served by municipal water and sewer;and
(3) two points of ingress and egress to the lot shall be required from local arterial roads or
collector roads.
SECTION 4. Chapter 179 Attachment 1, Table 1: Table of Area Requirements is hereby
amended to include Multiple-Family Dwelling in "Density" column for the Moderate-density
Residential(MDR)District table with footnote No.22 stating that"Multiple-Family Dwelling(s)shall
be entitled to a density of six(6)dwelling units per acre, in accordance with §A183-26, subject to the
following: (1) the Lot shall have a minimum gross land area of ten (10) acres; (2) the Lot shall be
served by municipal water and sewer; and (3) two points of ingress and egress to the Lot shall be
required from local arterial roads or collector roads."
SECTION 5. Attachment 1,Table 1: Table of Area Requirements as amended and appended
to this Local Law is hereby adopted.
SECTION 6. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence,paragraph or part thereof.
SECTION 7. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict
with any part of this Local Law are hereby repealed.
SECTION 8. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York State Municipal Home Rule Law §27.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES)
Regular Town Board Meeting, 05-06-2024, MTG 915 99
VINCE MORIARTY-Spoke regarding Resolution 4.2, `Resolution Authorizing LaBella
Associates to Prepare National Grid ROW—Wire Height Survey' and noted his full support.
Noted further he lives near the bike path, uses it often and is very happy with the Town for their
support on that.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING CLOSURE OF NATIONAL GRID
OUTDOOR LIGHTING LED CONVERSION CAPITAL PROJECT NO.: 246
RESOLUTION NO.: 177, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, in accordance with Resolution No.: 223, 2023, the Queensbury Town Board
authorized establishment of National Grid Outdoor Lighting LED Conversion Capital Project Fund
No.: 246 (Fund No. 246), and
WHEREAS, the Town's Accountant has advised that the Project is complete and no
moneys remain in Fund No. 246 and therefore the Town Board wishes to close Fund No. 246,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close National Grid Outdoor Lighting LED Conversion Capital Project Fund No.:
246 the Town Supervisor and/or Town Budget Officer to take such other and further actions as
may be necessary to effectuate the terms of this Resolution.
Duly adopted this 6"'day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING PROFESSIONAL SERVICES OF
LABELLA ASSOCIATES FOR PREPARATION OF
NATIONAL GRID ROW -WIRE HEIGHT SURVEY
RESOLUTION NO.: 178, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
Regular Town Board Meeting, 05-06-2024, MTG 915 100
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 152, 2019, the Queensbury Town Board established the
Halfway Feeder Canal Connector Trail Capital Project Fund 4228, and
WHEREAS, the Town Board is considering the possible expansion of a multi-purpose trail
to connect Old Forge Road with Luzerne Road to enhance connectivity between the Rush
Pond/Halfway Brook Trails and Feeder Canal Trail,which possible trail expansion is largely located
on lands of National Grid, and
WHEREAS, a National Grid ROW -Wire Height Survey (Survey) must be performed prior
to any authorization to site a trail on National Grid Lands and therefore the Town wishes to engage
LaBella Associates (LaBella) for professional engineering, surveying and planning services related
to the Survey as set forth in LaBella's April 10, 2024 Proposal for an estimated cost of$23,000, and
WHEREAS, there may be times when Change Orders may become necessary and therefore
the Town Board wishes to authorize the Town Supervisor to approve and sign needed Change Orders
up to $2,300 that he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs engagement of
LaBella Associates for professional engineering,surveying and planning services related to aNational
Grid ROW-Wire Height Survey as delineated in LaBella's April 10,2024 Proposal for an estimated
cost of$23,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
approve and sign Change Orders pertaining to this project up to $2,300 that he deems necessary or
appropriate, and
BE IT FURTHER,
RESOLVED, that payment for LaBella's services shall be paid from Capital Construction
Account No.: 228-7110-2899, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign
LaBella's April 10,2024 Proposal substantially in the form submitted at this meeting and/or any other
Regular Town Board Meeting, 05-06-2024, MTG 915 101
needed documentation and the Town Supervisor and/or Town Budget Officer to take any other
actions necessary to effectuate the terms of this Resolution.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING AWARD OF BID TO WM J. KELLER &
SONS FOR LUZERNE ROAD CULVERT REPLACEMENT PROJECT
RESOLUTION NO.: 179, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 153, 2021, the Queensbury Town Board authorized
engagement of C.T. Male Associates (CT Male) for preparation of a 2021 NYS DOT Bridge NY
Grant Funding Application regarding a culvert replacement project on Luzerne Road at Clendon
Brook(Project) and by Resolution No.: 65, 2022 authorized acceptance of$839,212 in NYS DOT
Bridge NY Grant Funds and establishment of the Luzerne Road Culvert Capital Project No. 242
(subsequently amended to Capital Project No.: 243 by Resolution No.: 76,2022)and by Resolution
No.: 292, 2022 authorized the CULVERT NY, Town of Queensbury for Culvert NY, Luzerne
Road over Clendon Brook, NYS DOT Project PIN 1762.11, and
WHEREAS, General Municipal Law§103 requires that the Town advertise for and award the
bid to the lowest responsible bidder meeting New York State statutory requirements and the
requirements set forth in the Town's bid documents and specifications, and
WHEREAS,the Town Purchasing Agent published an advertisement for bids for the Project
in the Town's official newspaper and on April 15'h duly opened all received bids, and
WHEREAS,the Purchasing Agent and CT Male have reviewed the bids and recommended
that the Town Board authorize the bid award to the lowest responsible bidder, Wm J. Keller &
Sons for the amount of$621,383, and
WHEREAS, there may be times when Change Orders may become necessary for the
Project and therefore the Town Board wishes to authorize the Town Supervisor to approve and
sign certain Change Orders up to a five-percent (5%) contingency ($31,069) for Change Orders
that he deems necessary or appropriate,
Regular Town Board Meeting, 05-06-2024, MTG 915 102
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby awards the bid for the Projectto the
lowest, responsible bidder, Wm J. Keller & Sons, for the amount of $621,383 to be paid from
Capital Construction Account No.: 243-8540-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to approve and
sign Change Orders pertaining to the Project up to a five-percent(5%) contingency or in the total
amount not exceeding $31,069 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to execute any
needed Agreement between the Town and Wm J. Keller & Sons in form acceptable to the Town
Supervisor, Budget Officer and/or Town Counsel and any other necessary documentation and the
Town Supervisor, Purchasing Agent, Budget Officer and/or Town Counsel to take any other
actions necessary to effectuate the terms of this Resolution.
Duly adopted this 6 h day of May, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING HOME RULE REQUEST AND SUPPORT
OF NEW YORK STATE SENATE BILL NO.: 7696-A / ASSEMBLY BILL
NO.: 8183-A - AN ACT TO AMEND REAL PROPERTY TAX LAW AND
REAL PROPERTY LAW RELATING TO TAXATION OF PROPERTY
OWNED BY A COOPERATIVE CORPORATION
RESOLUTION NO.: 180, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 187, 2023, the Queensbury Town Board previously
expressed its support of proposed legislation allowing Towns the option to assess all newly
constructed condominiums in a manner that reflects the most current market value, and
WHEREAS,that initiative was passed by the State Legislature but vetoed by the Governor
Regular Town Board Meeting, 05-06-2024, MTG 915 103
due to concerns over housing shortages predominantly in more urban areas of the State, and
WHEREAS, for that reason, the Town of Queensbury does not currently have the express
statutory authority to enact such legislation by local law, and
WHEREAS, pursuant to Municipal Home Rule Law §40, the Town Supervisor with the
concurrence of the Town Board (or the Town Board by a vote of 2/3 of its total voting power
without the approval of the Supervisor) may request the State Legislature to pass a bill relating to
the property, affairs or government of the Town, and
WHEREAS,there is currently pending before the State Legislature, Senate Bill No.: 7696-
A and Assembly Bill No.: 8183-A entitled, "AN ACT to amend the real property tax law and the
real property law, in relation to the taxation of property owned by a cooperative corporation,"
which legislation will grant the Town the ability to change, by Local Law, how the Town assesses
the value of condominiums, and
WHEREAS, the Town Board wishes to express its support for this proposed Legislation,
NOW, THEREFORE, BE IT
RESOLVED,by the Queensbury Town Board, Warren County, New York as follows:
Section 1. The Town Supervisor, Town Clerk and/or the Town Board are hereby
authorized and directed to execute and submit Home Rule Requests to the State Legislature
substantially in the forms attached hereto requesting the State Legislature to adopt special
legislation identified as Senate Bill No.: 7696-A and Assembly Bill No.: 8183-A entitled, "AN
ACT to amend the real property tax law and the real property law, in relation to the taxation of
property owned by a cooperative corporation,"which legislation will grant the Town the ability to
change, by Local Law, how the Town assesses the value of condominiums.
Section 2. Necessity exists for the enactment of the requested legislation because the New
York State Real Property Tax Law does not currently allow the Town Assessor to alter the
methodology for assessing condominiums and the Town does not have any express statutory
authority allowing it to do so by Local Law.
Section 3. The Town Supervisor, Town Board, Town Assessor, Town Clerk and Town
Counsel are hereby authorized and directed to prepare and execute all needed Home Rule forms
substantially in the form presented and forward such completed Home Rule Forms with eight (8)
engrossed copies of the Resolution to New York State Senator Daniel G. Stec, 5 Warren Street,
Glens Falls, New York 12801, along with any other needed documents and take such other and
further actions as may be necessary or advisable in connection with submission of such Home Rule
Request to the State Legislature.
Section 4. This Resolution shall take effect immediately.
Regular Town Board Meeting, 05-06-2024, MTG 915 104
Section 5. The question of the adoption of this Resolution was duly put to a vote on roll
call on this 6t'day of May, 2024 which resulted as follows:
AYES: 4 NAYS: 0 ABSENT: 1
ROLL CALL
AYES: Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NAYS: None
ABSENT: Mr. Metivier
X The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the
full membership of the Town Board and the request may be submitted to the State Legislature by
either the Town Board or by the Town Supervisor with the concurrence of the Town Board.
OR:
The Resolution was declared duly adopted by a vote of not less than a majority of the
full membership of the Town Board and the request may be submitted to the State Legislature by
the Town Supervisor with the concurrence of the Town Board.
OR:
The Resolution was not adopted by sufficient vote of the Town Board.
RESOLUTION AMENDING RESOLUTION NO.: 125, 2023
REGARDING APPOINTMENT OF SEAN ROGGE TO TOWN OF
QUEENSBURY'S BOARD OF ASSESSMENT REVIEW
RESOLUTION NO.: 181, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 125, 2023 the Queensbury Town Board appointed Sean
Rogge to the Town's Board of Assessment Review, and
WHEREAS, the Town Assessor has recommended that the Town Board amend such
Resolution as it listed Mr. Rogge's expiration date as September 20t', 2027 instead of the correct
expiration date of September 30t',2023 (as Mr. Rogge was completing an unexpired term of a former
member), and then Mr. Rogge should have been appointed to serve a full,new term effective October
1, 2023 through September 30, 2028, and
WHEREAS,the Town Board wishes to amend Resolution No.: 125,2023 accordingly,
Regular Town Board Meeting, 05-06-2024, MTG 915 105
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 125,2023
such that Sean Rogge's previous term on the Town's Board of Assessment Review shall have expired
as of September 30'', 2023 with the Town Board then appointing Mr. Rogge to serve a new term
commencing October 1, 2023 and expiring September 30'', 2028, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk
and/or Town Assessor to update/correct Town records and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 125,2023 in
all other respects.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING ACCEPTANCE OF $500 DONATION
FROM NORTHERN UNITED SOCCER CLUB FOR PURCHASE OF
AED MACHINE AT RIDGE-JENKINSVILLE PARK SOCCER FIELDS
RESOLUTION NO.: 182, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS,the Northern United Soccer Club has offered to donate$500 to the Town's Parks
and Recreation Department towards the purchase of a community AED machine at the soccer fields
at the Ridge-Jenkinsville Park, 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
Regular Town Board Meeting, 05-06-2024, MTG 915 106
RESOLVED,that the Queensbury Town Board hereby approves and accepts the donation of
$500 from the Northern United Soccer Club to the Town Parks and Recreation Department to be used
towards the purchase of a community AED machine at the soccer fields at the Ridge-Jenkinsville
Park, and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to deposit
the donation and increase the Misc. Contractual Expense Account No.: 001-7110-4400 by $500 and
the Gifts and Donations Revenue Account No.: 00 1-0000-52705 by $500, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and
Recreation to send a certified copy of this Resolution to the Northern United Soccer Club with a letter
from the Town thanking the Club for its generosity.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT
RESOLUTION NO.: 183, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town
Board may authorize the sale of items which are no longer needed by the Town or obsolete, and
WHEREAS, the Town's Budget Officer requested that Town Departments advise of any
surplus items in their respective Departments and the Town Budget Officer did receive lists of items
from various Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus items
and did not receive any requests from the Departments for such surplus items and therefore has
requested Town Board authorization to sell the surplus items by using the auction company GovDeals
Regular Town Board Meeting, 05-06-2024, MTG 915 107
to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department
Manager(s),to be sold or disposed of as scrap or Ewaste,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus
items that are no longer needed by the Town or obsolete by using the auction company GovDeals to
dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department
Manager(s),to be sold or disposed of as scrap or Ewaste, as follows:
Computer Clerk 9591
Apple iPad Building & Codes 9507
Apple iPad Building & Codes 9358
Apple iPad Building & Codes 9236
Play Structure Parks & Rec 8755
Filter Building Parks & Rec 8776
Gurney Lane Pavilion Parks & Rec 3916
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the
services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds
from the sales shall be deposited into the appropriate revenue account(s) in accordance with the
Queensbury Town Code and New York State Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
and/or Purchasing Agent to accept or reject any bids received online for any online auction bids and
the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such
further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION ADOPTING REVISED TOWN OF QUEENSBURY
EMPLOYEE HANDBOOK-EFFECTIVE MAY 2024
RESOLUTION NO.: 184, 2024
Regular Town Board Meeting, 05-06-2024, MTG 915 108
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, the Queensbury Town Board previously adopted a Town of Queensbury
Employee Handbook(Handbook) delineating Town employee policies and procedures, and
WHEREAS,the Town Board wishes to adopt an updated,revised Handbook in substantially
the form presented at this meeting to include certain revisions and conform Town policies and
procedures to reflect changes in State law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the revised Town of
Queensbury Employee Handbook in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, the
Town's HR Consultant, Marge Mulligan of GTM HR Consulting, Inc., and/or the Town Budget
Officer to arrange for the printing and distribution of the Handbook to Town employees and elected
officials and take any other actions needed to effectuate implementation of the Handbook.
Duly adopted this 6t'day of May, 2024 by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING AWARD OF BID TO STILSING
ELECTRIC, INC. FOR TRAFFIC SIGNAL IMPROVEMENT PROJECT
RESOLUTION NO.: 185, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 432, 2023, the Queensbury Town Board authorized
additional funding and appropriations toward Traffic Signal Capital Project Fund 4215, and
WHEREAS,by Resolution No.: 98, 2024, the Town Board authorized an advertisement for
bids for traffic signal improvement projects as set forth in bid documents/specifications prepared by
Regular Town Board Meeting, 05-06-2024, MTG 915 109
the Highway Superintendent, Deputy Highway Superintendent and/or Purchasing Agent, and
WHEREAS, General Municipal Law§103 requires that the Town advertise for and award the
bid to the lowest responsible bidder meeting New York State statutory requirements and the
requirements set forth in the Town's bid documents and specifications, and accordingly the Town
Purchasing Agent published an advertisement for bids in the Town's official newspaper and on April
29'h duly opened all received bids, and
WHEREAS, the Purchasing Agent, Highway Superintendent and Deputy Highway
Superintendent have reviewed the bids and recommended that the Town Board authorize the bid
award to the lowest responsible bidder, Stilsing Electric, Inc. for the amount of$146,000, and
WHEREAS, there may be times when Change Orders may become necessary for the
project and therefore the Town Board wishes to authorize the Town Supervisor to approve and
sign certain Change Orders up to a ten-percent (10%) contingency ($14,600) for Change Orders
that he and/or the Town Highway Superintendent deem necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby awards the bid for the Traffic Signal
Improvement Project to the lowest, responsible bidder, Stilsing Electric, Inc., for the amount of
$146,000 to be paid from Capital Construction Account No.: 215-3310-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to approve and
sign Change Orders up to a ten-percent(10%) contingency or up to a total not exceeding $14,600
that he and/or the Highway Superintendent deem necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to execute any
needed Agreement between the Town and Stilsing Electric, Inc. in form acceptable to the Town
and any other documentation and the Town Supervisor, Highway Superintendent, Purchasing
Agent and/or Budget Officer to take any other actions needed to effectuate this Resolution.
Duly adopted this 6 h day of May, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
Regular Town Board Meeting, 05-06-2024, MTG 915 110
RESOLUTION AUTHORIZING AWARD OF BID TO MADDISON'S
CONTRACTING & REPAIR FOR REHABILITATION AND
IMPROVEMENTS TO PINE VIEW CEMETERY OFFICE BUILDING
RESOLUTION NO.: 186, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 294, 2023, the Queensbury Town Board authorized
establishment of the Pine View Cemetery Rehabilitation and Improvements Capital Project No.:
247, and
WHEREAS,by Resolution No.: 74, 2024,the Town Board authorized the Town Purchasing
Agent to publish an advertisement for bids for certain projects related to the rehabilitation of and
improvements to the Pine View Cemetery Office Building (Project) as set forth in bid
specifications/documents prepared by the Cemetery Superintendent and/or Purchasing Agent, and
WHEREAS, General Municipal Law§103 requires that the Town advertise for and award the
bid to the lowest responsible bidder meeting New York State statutory requirements and the
requirements set forth in the Town's bid documents and specifications and accordingly the Town
Purchasing Agent published an advertisement for bids in the Town's official newspaper and on
April 30'', duly opened all received bids, and
WHEREAS, the Purchasing Agent and Cemetery Superintendent have reviewed the bids
and recommended that the Town Board authorize the bid award to the lowest, responsible bidder,
Maddison's Contracting& Repair, for the amount of$83,295, and
WHEREAS, there may be times when Change Orders may become necessary for the
Project and therefore the Town Board wishes to authorize the Town Supervisor to approve and
sign certain Change Orders up to a five-percent(5%) contingency ($4,165)for Change Orders that
he and/or the Town Cemetery Superintendent deem necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby awards the bid for the rehabilitation
of and improvements to the Pine View Cemetery Office Building Project to the lowest, responsible
bidder, Maddison's Contracting & Repair, for an amount not to exceed $83,295 to be paid from
Miscellaneous Contractual Account No.: 247-8810-4400, and
Regular Town Board Meeting, 05-06-2024, MTG 915 111
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to approve and
sign Change Orders up to a five-percent(5%) contingency or not exceeding a total of$4,165 that
he and/or the Cemetery Superintendent deem necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed agreement between the Town and Maddison's Contracting & Repair in form
acceptable to the Town and/or any other documentation and the Town Supervisor, Cemetery
Superintendent, Town Budget Officer and/or Town Purchasing Agent to take any other actions
needed to effectuate this Resolution.
Duly adopted this 6 h day of May, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION REAPPOINTING MICHAEL PALMER AS PART-TIME,
TEMPORARY TRAINING TECHNICIAN
RESOLUTION NO.: 187, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, by Resolution No.: 301, 2023, the Queensbury Town Board established the
temporary, part-time position of Training Technician and appointed Michael Palmer, the Town's
former full-time Fire Marshal Mr. Palmer to such position to work on an on-call basis an average of
20 hours per week at the rate of pay of$30 hourly commencing on or about September 121', 2023 for
a one (1) year period, with such appointment to be renewed as needed by the Town's Director of
Building and Codes Enforcement, and
WHEREAS,the Town's Director of Building and Codes Enforcement has recommended that
the Town Board renew Mr. Palmer's appointment for an additional one year period or through
September 12'', 2025,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 05-06-2024, MTG 915 112
RESOLVED, that the Queensbury Town Board hereby reappoints Michael Palmer to the
temporary,part-time position of Training Technician,with Mr. Palmer continuing to work on an on-
call basis an average of 20 hours per week at the rate of pay of$33.50 hourly commencing on or about
September 12'', 2024 for a one(1)year period or through September 121', 2025, such appointment to
be renewed as needed by the Town's Director of Building and Codes Enforcement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement and/or Budget Officer to complete and file any
documentation, amend the Town Budget and take such other and further actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING PURCHASE OF PROPERTY OWNED BY
HALCYON PROPERTIES, INC. LOCATED ON BAY ROAD
RESOLUTION NO.: 188, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, Halcyon Properties, Inc. owns property located on Bay Road in the Town of
Queensbury and identified as Tax Map Parcel 4 289.15-1-49 (the "Property"), and
WHEREAS, Halcyon Properties, Inc. would like to sell the Property to the Town, and
WHEREAS, the Town Board would like to purchase the Property, and
WHEREAS, the Town desires to enter into a contract for the purchase of the Property,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes purchase of the Property for
$50,000 which is at or below market value based upon an appraisal dated March 8, 2024,plus the
Town incurring all ordinary and necessary closing costs associated with such purchase including
Regular Town Board Meeting, 05-06-2024, MTG 915 113
but not limited to the payment of recording costs and title insurance premiums and charges, as well
as any surveying and application costs, and
BE IT FURTHER,
RESOLVED,that the contract for the purchase of the Property shall be in a form acceptable
to the Town Supervisor and Town Counsel, and
BE IT FURTHER,
RESOLVED, that all of the acts taken and decisions made on behalf of the Town relating
to the matters described above to the date hereof by the Town Supervisor, Town Board and Town
Counsel are hereby ratified and approved, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Town Clerk,
Town Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate
purchase of the Property, including but not limited to the Supervisor executing an appropriate
contract consistent with this Resolution, arranging for the payment of the contract deposit and
signing any necessary closing documents, real property forms and title insurance forms.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING AGREEMENTS WITH
ANTHEM BLUE CROSS FOR EMPLOYEE GROUP HEALTH, DENTAL
AND BLUE VIEW VISION INSURANCE PLANS
EFFECTIVE JULY IST, 2024 -JUNE 30TH, 2025
RESOLUTION NO.: 189, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
Regular Town Board Meeting, 05-06-2024, MTG 915 114
WHEREAS,the Town of Queensbury previously entered into agreements for employee group
health,dental and Blue View Vision insurance plans with Empire Blue Cross Blue Shield,now known
as Anthem Blue Cross, and
WHEREAS, the Town Board, in conjunction with Upstate Agency, LLC, has negotiated
renewal agreements for employee group health, dental and Blue View vision insurance plans with
Anthem Blue Cross,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal
contracts for employee group health, dental and Blue View vision insurance plans with Anthem Blue
Cross effective July 1", 2024 through June 30'', 2025,with the-monthly premiums as follows:
INDIVIDUAL 2 PERSON FAMILY
PPO 1,188.18 2,316.95 3,445.72
EPO 1,096.27 2,137.73 3,179.19
DENTAL 36.48 87.95 87.95
VISION 4.06 7.71 11.83
and
BE IT FURTHER,
RESOLVED, that in the event that surcharges or fees are mandated or imposed on the
Town's health insurance policies that are beyond the Town's control, resulting rate changes may
be passed on to all employees without further Town Board Resolution, although the Town will
provide notice of any such rate changes to all employees and retirees, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to execute any agreements, forms and/or documentation and take any other
actions necessary to effectuate this Resolution.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING ACCEPTANCE OF WATER QUALITY
IMPROVEMENT PROJECT (WQIP) GRANT FUNDS FROM NYS DEC,
Regular Town Board Meeting, 05-06-2024, MTG 915 115
EXECUTION OF GRANT AGREEMENT AND ESTABLISHMENT OF
NORTH QUEENSBURY/ROCKHURST COMMUNITY SEWER DISTRICT
CAPITAL PROJECT FUND NO.: 253
RESOLUTION NO.: 190, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, the Queensbury Town Board is considering establishment of a North
Queensbury/Rockhurst Community Sewer District (District) in accordance with New York State
Town Law Article 12-A, and
WHEREAS, by Resolution No.: 244, 2021, authorized LaBella Associates (LaBella)
technical services associated with the preparation of a Water Quality Improvement Program (WQIP)
Grant in support of the District, by Resolution No.: 423, 2022, authorized LaBella's preparation of a
work plan and comprehensive scope of services to support the WQIP Program and by Resolution
No.: No.: 168,2023 authorized LaBella to advance the design and development of the District, and
WHEREAS, the New York State Department of Environmental Conservation (NYS DEC)
has awarded the Town up to $6,067,076 in WQIP Grant funds toward establishment of the District
and provided a proposed Grant Agreement to the Town as presented at this meeting, and
WHEREAS, the Town Board wishes to accordingly establish the North
Queensbury/Rockhurst Community Sewer District Capital Project No. 253 and establish and fund
the Revenue and Expense Accounts in the amount of$6,067,076, and
WHEREAS,the Town Board wishes to also authorize a temporary loan from Capital Reserve
Fund No. 64 up to $6,067,076 until such time as such grant funds are received,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby accepts the$6,067,076 in WQIP grant
funding from the New York State Department of Environmental Conservation (NYS DEC) toward
establishment of the North Queensbury/Rockhurst Community Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes establishment of the North
Queensbury/Rockhurst Community Sewer District Capital Project No.: 253 in the amount of
$6,067,076 and its appropriations and estimated revenues as follows:
Regular Town Board Meeting, 05-06-2024, MTG 915 116
• Increase Appropriations in Capital Expenses Account No.: 253-8310-2899 by
$6,067,076;
• Increase Revenue in State Conservation Grants Account No. 253-0000-53910 by
$6,067,076; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
temporarily transfer funds as may be needed from Capital Reserve Fund No.: 064 to Capital Project
Fund No.: 253 until such time as the Town receives the grant funds, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
arrange for the repayment of the temporary loan as soon as available, amend the Town Budget,make
any adjustments,transfers or prepare any documentation necessary to establish such appropriations
and estimated revenues, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Deputy Town Supervisor to execute the Grant Agreement in substantially the form presented at this
meeting and any other associated documentation and the Town Supervisor,Deputy Town Supervisor,
Town Budget Officer and/or Town Counsel to take any other actions necessary to effectuate the terms
of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS: 04262024 AND 05072024
Regular Town Board Meeting, 05-06-2024, MTG 915 117
RESOLUTION NO.: 191, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented
as Warrants: 04262024 and 05072024 with run dates of 04/25/2024 and 05/02/2024 and payment
dates of 04/26/2024 and 05/07/2024,respectively,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves the audits of bills presented
as Warrants: 04262024 and 05072024 with run dates of 04/25/2024 and 05/02/2024 and payment
dates of 04/26/2024 and 05/07/2024 totaling $376,432.73 and $820,833.21, respectively, 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 actions as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
RESOLUTION SUPPORTING COUNTIES OF WARREN AND
WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY (WWIDA)
DECISION TO DEVIATE FROM ITS TAX EXEMPTION POLICY IN
REFERENCE TO THE APPLICATION OF AFRIM SPORTS -326
SHERMAN AVENUE ASSOCIATES LLC FOR PURCHASE AND
DEVELOPMENT OF ADIRONDACK SPORTS COMPLEX (DOME)
RESOLUTION NO.: 192, 2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS, Afrim Sports — 326 Sherman Avenue Associates, LLC (Afrim) seeks to
purchase and improve the Adirondack Sports Complex (Dome) in the Town and has made
Regular Town Board Meeting, 05-06-2024, MTG 915 118
application to the Counties of Warren and Washington Industrial Development Agency (WWIDA)
for certain tax abatement, and
WHEREAS, if approved, Afrim's application to WWIDA would constitute a deviation
from WWIDA's Uniform Tax Exemption Policy, and
WHEREAS, under the WWIDA Uniform Tax Exemption Policy, deviations may be
approved where special circumstances are present and with certain other approvals, including in
this case, the approval of the Town of Queensbury, and
WHEREAS, WWIDA has provided the Town with a Memorandum dated April 10, 2024
with proposed PILOT schedule for the Town Board's review and consideration, and
WHEREAS, the Town has reviewed all information provided and it appears that Afrim's
proposal presents special circumstances sufficient to warrant WWIDA's deviation from its
Uniform Tax Exemption Policy,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby expresses its support of WWIDA's
decision to provide financial assistance via investment incentives to Afrim consistent with
WWIDA's April 10, 2024 Memorandum, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves of the proposed deviation from the
WWIDA's Uniform Tax Exemption Policy that the application proposes, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
certified copy of this Resolution to the WWIDA at 5 Warren Street Glens Falls,NY 12801, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Deputy Town Supervisor, Town Counsel and/or Town Clerk to take such other and further actions as
may be necessary to effectuate the terms of this Resolution.
Duly adopted this 6 h day of May, 2024,by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: Mr. Metivier
Regular Town Board Meeting, 05-06-2024, MTG 915 119
5.0 CORRESPONDENCE
DEPUTY TOWN CLERK MURPHY-The Monthly Supervisor's Report was received from
Buildings and Codes and is on file in the Town Clerk's Office.
6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
No Public Comment.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN FREER(WARD II)
Commented that he hoped that the Thunder played better down in Norfolk than this weekend.
Go Thunder!
COUNCILMAN DIXON(WARD III) -Nothing to report.
COUNCILMAN MCNULTY(WARD IV)
• Explained that his flight had been delayed for two hours and landed in Albany until 6:15pm
so felt he needed to explain his attire.
• Reported that in the first meeting in June, they will be talking about the EMS changes in
coverage and hopefully an update on the process of bringing in some more overwatch of our
EMS contracts. He is currently working on it and will share it with the Town Board before
the meeting and hopeful of having a good product going forward.
SUPERVISOR STROUGH
• Reported on the Spring leaf and branch pick up,Ward 4 starting today,Ward 2 would be May
13'', Ward I will be May 20''and Ward 3 May 28 h. Please have your material out by then.
• Reported that people who have municipal water received a drinking water quality report that
can be accessed on the Town Web site.
• Announced that the book he co-wrote with Diane Collins entitled"Queensbury Trails Lore
Landscape and Wildflowers"is published and out and available at the Warren County
Historical Society.
• Joel Barlow LookTV, Jessie Jackson thank you for doing all you do. Town Counsel Mark
Schachner thank you. Betty Murphy Deputy Town Clerk and Town Board thank you and
the Public thank you for coming.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 193, 2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Regular Town Board Meeting, 05-06-2024, MTG 915 120
Duly adopted this 6`"day of May,2024,by the following vote:
AYES: Mr. Strough,Mr.Freer,Mr. Ferone,Mr.McNulty
NOES: None
ABSENT: Mr.Metivier
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK II