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2013-06-03- Mtg 23 REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 115 REGULAR TOWN BOARD MEETING MTG#23 JUNE 3RD, 2013 RES#249-258 7:00 P.M. B.H. 10-12 BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 249, 2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED,that the Town Board of the Town of Queensbury hereby adjourns and enters into the Queensbury Board of Health. Duly adopted this 3rd day of June, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES: None ABSENT:None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND CATHY HODGKINS PUBLICATION DATE: MAY 24, 2013 PRESENT AGENT,DENNIS MACELROY AND JOHN HODGKINS MR.MACELROY, ENVIRONMENTAL DESIGNS-The property is at 41 Old Assembly Point Road, it is a year round property. It is a property that has been in Cathy's family and John and Cathy have recently acquired it from other family members and are undertaking some improvements to that. A part of that involves the wastewater system, which currently is located to the south side of the property in what is a separate parcel a twenty five foot right-a-way,which once was part of the original or this house parcel,but no longer is and there are deeded rights. John and Cathy feel that it would be appropriate to create a system that would be within its own parcel. As you can see from the plan that is a relatively small lot we have looked at a variety of options really what it came down to is it would require acquisition of a little bit more property to have an onsite system and in ground onsite system. When that really didn't work out in discussions with neighboring properties the solution that is before you is a holding tank option. For a two bedroom house Queensbury requires three thousand gallons of holding tank capacity, which is in this case proposed as two fifteen hundred gallon tanks in series. There will be the typical, sheet two goes into details right out of Queensbury's regulations for alarms systems for the holding tanks themselves so that those occupants of the house will be given alarms or warnings of when tanks have reached certain capacities. SUPERVISOR MONTESI-It also shuts the electricity off,right? REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 116 MR.MACELROY-It shuts water. It is a standard application of a holding tank situation and that is what the applicants feel is probably their last best solution to this. COUNCILMAN BREWER-Are you going to have covers that are able to be driven on? MR.MACELROY-Correct as the tanks will be located within the driveway they will be heavy duty tanks,traffic bearing tanks and cast irons frames and covers typical to what you would see in the road for manholes. COUNCILMAN STROUGH-I was at the site today and evaluated everything and talked to the applicant a little bit back there. From everything I can see this is what is being proposed with the holding tanks in this given situation with these constraints is the most responsible and most reasonable way of solving the situation. SUPERVISOR MONTESI-Any more questions from the board? PUBLIC HEARING OPENED TIMOTHY COLLIER, 38 Old Assembly Point Road-One of the owners of the adjacent property arguably the property most directly affected by the variance request. We appreciate the desire on the part of the Hodgkins to upgrade their existing sewage system to improve their property that helps us all by having improved property. However, it requires setback requirements to be dramatically changed and changes them almost from a ten foot down to nothing it's a two foot setback. It is not clear to us why the Hodgkin's are looking on the other side of their property where there is a whole bunch more room,but we're looking at our side of the property. Regardless of the reasoning we would just like to voice our opposition to this plan and required variances on several different grounds. The property line right now is already being encroached by the building in fact we feel that parts of the building are actually on our property. The tank for the sewage system right now is clearly underneath our ground somewhere we are not clear where exactly that is,but it is there someplace. While the Hodgkin's themselves didn't build the existing structures we have no quarrels with them on that we think that the adding of a holding tank into a point that is two feet off of our property line is just further encroaching on our property. SUPERVISOR MONTESI-When you are referring to your property isn't that a public right-a-way or a right-a-way for the various homeowners in that area? MR. COLLIER-It is our property there are two families,three families I believe that have right-a-ways over that property. We own it,but there are easements and right-a-ways over that. SUPERVISOR MONTESI-Including the Hodgkin's? MR. COLLIER-No, sir not including the Hodgkin's. SUPERVISOR MONTESI-Thank you. MR. COLLIER-The other parties would be the Nolte's and the Shirvell's who are farther up away from Old Assembly Point Road. The two feet setback that is being proposed we feel will unduly hampered us should we decide to do anything. I'm not even sure what could be done with twenty five feet,but by having structures so close to the property line if we wanted to do anything at all we would have difficulty doing that we would rather you stay within the ten feet. We have along the property lines there our water lines and our power lines we are afraid that those might be damaged when they tanks are put in. SUPERVISOR MONTESI-Your contention is that the two holding tanks could be moved so they are ten feet from your property line. MR. COLLIER-I don't know that for a fact sir I am not an engineer so I don't know what is possible. I know that what is being asked is that the ten foot setback be reduced to two feet we are objecting to that. As you mentioned our access to Lake George is that twenty five foot pathway,which is owned by the Collier's but the Shirvell's the Nolte's and the Dabrowski's have a right-a-way over that and everybody has their docks at the end of that twenty five foot right-a-way. COUNCILMAN BREWER-Sir,may I ask you a question. MR. COLLIER-You may. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 117 COUNCILMAN BREWER-You said something about it will affect your home. I don't understand how it could affect your home if it is down here and your home is up in this..... MR. COLLIER-Our home is about fifty feet away from the proposed site of the tanks. There are no structures right now in that right-a-way. I guess what our contention is we are not sure what we would do with twenty five feet and I am sure there is a whole lot you can do especially with ten foot setbacks that would leave us five feet to build the narrowest structure known to man. If there are rules and regulations in the Town Code that would at some point say,you cannot do X within so many feet of a particular structure we feel that having the structures right on top of our property line unnecessarily inhibits us if we just stayed with what the code said is the ten feet and not issue the variance we would be better off. COUNCILMAN BREWER-I understand what you are saying now. COUNCILMAN METIVIER-I guess my argument to that though is,right now their system is on your property. MR. COLLIER-It is. COUNCILMAN METIVIER-That would make it worse for you if you wanted to do something I guess I don't understand why you wouldn't want to get that system off your property. MR. COLLIER-We may. We were not aware of exactly where it is. COUNCILMAN METIVIER-It is definitely on your property. MR. COLLIER-Clearly it is on our property we are not clear where exactly that is and I am not sure the engineers know exactly where that is. There is an approximation that yes it is on our property and we have known about it for years. We just haven't known what to do about it,but now we are talking about doing something else that might be objectionable as well. Clearly we would likely have that tank removed from where it is right now,but we don't want to have the septic system basically it is a septic tank and a holding tank two feet off of the property line. COUNCILMAN METIVIER-It's two holding tanks. MR. COLLIER-Technically it is a septic tank and a holding tank tied together. COUNCILMAN STROUGH-It is going be a holding tank. MR. COLLIER-Yes, sir. COUNCILMAN STROUGH-In terms of variances we do set codes and for a reason. We also have a variance procedure for a reason. We take a look at the comprehensive nature of everything that comes before us. Here they are asking a variance from the side property line where it is adjacent to a piece of property that is really used you cannot build on it, it is way too narrow to build on. It is basically a pedestrian a human access to the lake and to the docks and that is probably all it ever will be in the foreseeable future. So when you are claiming that this is going to have some kind of a negative impact I am finding it hard to convince and the last thing I want to do is cause somebody else injury. I just don't see where this has a potential cause of harm to you I am just having trouble seeing that. COUNCILMAN BREWER-Being the devil's advocate could he move it back? COUNCILMAN STROUGH-I am assuming two things. The plumbing is naturally there and two,the driveway is a perfect way of getting the access to the truck there. I am assuming that,but again the applicant will have the chance to respond to your concerns. COUNCILMAN BREWER-Let me ask him that when he comes back up? MR. COLLIER-We have concerns about the tank being so close to the property line as well in case of spills. We have had experiences with septic systems, float systems, and every once in a while not often, but every once in a while something gets tangled up in the float the float doesn't work the float doesn't give you the alarm that should be given and spillage occurs. That close to the property line and you've said most of you have visited the site that is a fairly good slope going down towards the lake. If we have an asphalt driveway on top of that tank with the manhole covers there,there is not going to be any absorption of that in that driveway itself all of that is going to go on to the land going down to the lake. We have concerns from a greater good perspective if you will that we might be unnecessarily REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 118 jeopardizing things on the lake. Our concern is not necessarily the holding tank although the State of New York has concerns with a holding tank and your own code has concerns with holding tanks you don't allow them the State of New York doesn't allow them unless there is a variance. There is good reason for that and the reason is these kinds of things happen you want the sewage to be dispersed as rapidly as possible ideally you have leaching fields and things of that sort. Again, I am not an engineer I don't play one on TV and I am not trying to pretend to be one here. A holding tank is something that both your government and the State government have indicated is not really to their likening. It might be the best possible solution on that side of the property,however,there is a whole other side of the property where there might be other solutions including a holding tank. A holding tank is a concrete device that has stuff coming in,but it has no outlet and we have a tank that has an outlet that is feeding into another tank,which looks like to be from the plans I've seen looks like it is going to be a holding tank. So,we have a septic tank feeding a holding tank it is all tied together as one unit,but the code doesn't make reference to a holding tank system it just makes reference to a holding tank. So we have something that is going to be put within two feet of our property line regardless of whether anyone thinks it might damage us or you can't see where the damage might be is still within two feet of the property line. We have environmental risks,we have the fact that this is right off of our bedroom if you have been there you know it is going to be within thirty, forty feet of where we are. It is going to have to be pumped frequently we would just object to you removing or granting I guess the variances requested we rather stay with the ten feet. I'm done I guess if there are any questions I would be happy to answer them. COUNCILMAN BREWER-Thank you. MR. COLLIER-Thank you. JOHN SALVADOR, RESIDENT NORTH QUEENSBURY-I would like to point out as I have often pointed out there is no such road as Old Assembly Point Road. If you check your highway inventory of Town roads there is an Assembly Point Road,which this one is and a new Assembly Point Road. I have brought this up to the Planning Board on previous occasions and Mr. Schonewolf who is a member of the North Queensbury Fire Company assured everyone that the people in the fire company know where people live and they don't have to worry about the road signs; so nothing has been done. I looked at the plans a few weeks ago and I didn't see that the high seasonal groundwater was noted on the plan this is important with regard to the subject of floatation. It looks like the excavation will go all of eight feet into the ground without knowing where the high seasonal groundwater is you don't know if you have a floatation problem. The manhole covers or whatever you call them that are going to be installed in the driveway to allow for pump out I don't know how they are going to be sealed,but odors do emit from those sort of covers it could be a concern when the wind is blowing in the right direction. I think wherever this system is put in you should require that the old system be removed. The soils be decontaminated if they want to use them again and the ground brought back to its original condition. As far as the subject of the holding tank goes it is understood that a holding tank is not a system we allow onsite septic systems a holding tank is not a system. Thank you. SUPERVISOR MONTESI-Just to answer a couple of the questions that Mr. Collier raised can the holding tanks be moved ten feet so they are not under the driveway,but in front of the house is that an alternative I am not requesting this I am just asking? MR.MACELROY-Physically it seems like the tanks could shift in a line. One problem that is not noted on the plan there is an underground power line that runs through that area outside of the driveway that was one of the considerations it seemed to be a natural location to put them under the driveway,but physically those tanks could run parallel to the front of the structure instead of stacked as they are they could run parallel then you have a consideration of staying ten feet from the other property line that I think can be achieved. COUNCILMAN BREWER-You can turn those and achieve the ten foot setback from his line? MR.MACELROY-I don't have a scale with me tonight,but it looks like it could be done you would stay parallel to the house. Another reason why we stayed in that southerly part of the lot was the outlet the current discharge from the house comes out the south side as the line indicates it is an easy access to the tank location. Just a point of clarification they are both holding tanks it may be a septic tank structure that is used because they are in series there is one tank that has an outlet that flows into the other tank that is commonly done. Three thousand gallons of capacity in one tank would take a crane to set the tank where as a fifteen hundred gallon tank a contractor with a reasonable size backhoe can set that or it can be set off the delivery truck so that is typically what you would do is combined the capacities with smaller tanks. That is why that was done that way they are both technically closed systems one flows into the other. COUNCILMAN STROUGH-And they will be water tight? REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 119 MR.MACELROY-Yes. SUPERVISOR MONTESI-Was it your plan to remove the old septic system? MR.MACELROY-There is an indication on the plan here the existing system would be removed. Typically what is done in those cases is that you would dig up the old tank may fill it or crush it,pump it first of all and then fill it with soil or crush it in place. It may be an old metal tank,which is probably deteriorated I don't know exactly what the tank condition is or material that would be part of the process, yes. COUNCILMAN STROUGH-Dennis would that be possible given that the septic system was on somebody else's property? MR.MACELROY-I don't want to get between owners,but our applicant indicates there are some deeded rights for what occurs there. SUPERVISOR MONTESI-You mean the Hodgkins's have some deeded rights? MR.MACERLOY-Correct. MR. COLLIER-If you do go through the deeds you are going to find that piece of property has access to all the homes over there by deed. There is also six feet on each side we have rights to walk on six feet. Six of that twenty five feet on our side and the house on the other side has rights for six feet on their side and all the people have rights to go down anyone that has access to the area can go through that although he does own the property and there are a lot of other things that come up in the deed. COUNCILMAN BREWER-For me Dennis if you could accomplish that by turning them and satisfy your needs and your neighbors would it be a lot of work to do that? MR.MACELROY-No, it is just a different placement they would be in the soil area. COUCILMAN BREWER-Now they are not covered with asphalt. MR.MACELROY-Correct. Mr. Collier made one argument that it is less permeable in that situation. I would make the other argument that when the tanks are in the ground then the ground becomes less permeable for storm water runoff. COUNCILMAN BREWER-I personally don't have a big problem with it either way. MR.MACELROY-I think that the applicant is not objecting to a movement that would mitigate that concern. COUNCILMAN STROUGH-How about Mr. Salvador's concern about the ground water level? MR.MACELROY-Floatation can be a concern certainly if the ground water..... COUNCILMAN STROUGH-So if you see ground water at four feet then you have to take the appropriate measures to make sure it is secured. MR.MACELROY-My own local knowledge or whatever in that area I am not concerned that there is a high seasonal ground water that would cause a problem with floatation of those tanks. I would say this and the applicant can hear me when you are pumping tanks there always should be thought of when you are doing it anyway. COUNCILMAN STROUGH-I have seen areas where I am more concerned than this area this is a high ground verses some... MR.MACELROY-We are easily ten feet above the lake level here I don't know it to be a high seasonal ground water situation in that area. COUNCILMAN STROUGH-How is the tank sealed for odors? MR.MACELROY-As far as cast iron framing cover like that can have a gasket it covers so that it would mitigate or lessen any odor situation from occurring. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 120 COUNCILMAN BREWER-And it is going to be covered. MR.MACELROY-Being in the grass area perhaps now it won't necessitate using a cast iron cover you could use a heavy duty plastic cover. COUNCILMAN STROUGH-That is what I have on my house. Every three years George comes and drains my septic tank pumps it out it is buried,but I have a whole going to it and blocks around it and plastic cover and I never smell anything. So,what are we going to do here? Do you want to just take the holding tanks and move them over towards in front of the center of the house then? SUPERVISOR MONTESI-And parallel. Dennis is this what you are planning on doing. COUNCILMAN BREWER-It will change the application we can eliminate one variance right. MR.MACELROY-I think a reconfiguration of those tanks would eliminate the need for V three. SUPERVISOR MONTESI-Side line variance MR.MACELROY-What is referred to as variance three that is the two foot to ten foot required two foot proposed? If we eliminated that and placed the tank and run them parallel to the front of the house then you would avoid that variance. You would still have the variance to the dwelling itself and you still have the variance of the house sewer coming out the south side of the house and running out and then into the tank along the front. Variance one,variance two, and variance four would still be in play. COUNCILMAN BREWER-I won't put words in your neighbors mouth,but I think it somewhat solves the concerns he had for it being close to his property line. At least if you get ten feet John you are within the regulations. DEPUTY CLERK, O'BRIEN-I just want to make sure I get this correct in the resolution. You have number one and number two you are eliminating number three and creating another three? MR.MACELROY-No,number four. DEPUTY CLERK, O'BRIEN-Where is number four I do not have a number four in the resolution there is only three variances. MR.MACELROY-On the plan there is a V4,which is the house sewer itself the pipe that comes out of the house technically it is part of the system. COUNCILMAN STROUGH-Dennis you are right. We are dealing with two different papers here she is reading from the resolution and you are reading from yours,which there is four variances when you are talking about the holding tank itself so you are both right. COUNCILMAN BREWER-I don't have it on my paper. COUNCILMAN METIVIER-The first one is the use of holding tanks. COUNCILMAN STROUGH-We are talking about two feet from the property line in lieu of the required ten foot setback,which on the resolution is number two. MR.MACELROY-Oh, okay. COUNCILMAN STROUGH-That is the variance that you are referring to in your plans it is the way you presented it,but it is just a little different here so we are all on the same page. DEPUTY CLERK O'BRIEN-So we are keeping two and eliminating three. SUPERVISOR MONTESI-No we are keeping one. Seven feet from the dwelling and lieu of the ten foot setback number two on the resolution we are eliminating. COUNCILMAN STROUGH-That variance if they agree to rearrange it that variance is no longer needed okay Dennis do you see what I am saying. Now the situation comes can we approve it today as amended and agreed upon or do the plans have to be resubmitted for the next Town Board meeting. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 121 COUNCILMAN BREWER-I would say from past practice we could approve it we are not adding any variances it was advertised for three we are just accommodating two. COUNCILMAN STROUGH-In the very plan Dennis that you just showed us is the plan that we are going to ask you to submit to the building department, okay. MR.MACELROY-The plan that we will modify. COUNCILMAN STROUGH-Yes. I don't have a problem with that. MR. COLLIER-Excuse me I have a problem I don't know what you are doing. COUNCILMAN STROUGH-Here is what we did we know your concern about the septic tank being two feet from your property line the holding tanks being two feet. MR. COLLIER-We have a sewer outlet we have a whole bunch of stuff within two feet of our property line. COUNCILMAN BREWER-The sewer outlet is not two feet from your property line. SUPERVISOR MONTESI-Yes it is. COUNCILMAN BREWER-The sewer outlet is? SUPERVISOR MONTESI-The sewer line from the house is two feet. COUNCILMAN STROUGH-Your concern about spillage and over flow, which I have never heard of one happening with these holding tanks,but I am not going to say it is impossible either then again we are talking about a line that is underground here. The tanks the applicant is willing to move away from your property line. MR. COLLIER-I understand that. COUNCILMAN STROUGH-The variance they are still maintaining is that the line coming out of the house will still require a variance,but it is a buried line going to the holding tank. COUNCILMAN BREWER-The line coming out of the house is under the soil going to the tank is what we are talking about. MR.MACELROY-It will be below grade it comes out of the house just as it is now. COUNCILMAN STROUGH-I don't have a problem with that variance I didn't have a problem with the other variance. COUNCILMAN BREWER-Instead of the tanks being vertical or horizontal now so that they are pushed back away from your property line so it accommodates your concern there. The line still coming out of the house going to those tanks is going to remain the same position it is buried underground... SUPERVISOR MONTESI-Two feet from the property line. COUNCILMAN BREWER-That will stay the same. SUPERVISOR MONTESI-The other will be the seven foot from the dwelling in lieu of the ten foot setback? MR.MACELROY-Correct. COUNCILMAN STROUGH-I am willing to make a motion hear me out. DEPUTY CLERK,O'BRIEN-We should probably close the public hearing first if you are all done. SUPERVISOR MONTESI-Are we all done with the public hearing. I'll need a resolution to close the public hearing. DEPUTY CLERK,O'BRIEN-No you can just close it. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 122 PUBLIC HEARING CLOSED COUNCILMAN STROUGH-I am making the resolution to approve the sanitary sewage disposal for John and Cathy Hodgkin's in accord with the resolution one point one as put before us tonight with the exception of we are not allowing the two foot from property line,number two,two foot property line in lieu of the required ten foot setback. The applicant has agreed to move the tanks towards the center of the current structure,which would eliminate the need for that variance. COUNCILMAN BREWER-They have to resubmit the plan. MR.MACELROY-When we make application to Dave Hatin's office. COUNCILMAN STROUGH-When you make application the plan will be submitted to be in accord with the agreements tonight. MR.MACELROY-Understood, agreed. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR JOHN AND CATHY HODGKINS RESOLUTION NO.: BOH 10,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS,John and Cathy Hodgkins(Applicants)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 holding tanks, as the Applicants wish to replace an existing wastewater system with a new holding tank system,and WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to allow placement of such holding tank system: 1. 7' from the dwelling in lieu of the required 10' setback; and 2. 2' from the property line in lieu of the required 10' setback; and 3. house sewer line to be located 2' from the property line in lieu of the required 10' setback; on property located at 41 Old 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 conducted a public hearing concerning the variance requests on Monday,June 3rd,2013,and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 123 NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants;and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of John and Cathy Hodgkins for variances from the Sewage Disposal Ordinance to allow installation of a new holding tank system and allow placement of such system: 1. 7' from the dwelling in lieu of the required 10' setback;and 2. house sewer line to be located 2' from the property line in lieu of the required 10' setback; in accordance with a reconfigured plan to be submitted by the applicant as was agreed to by and between the Town Board and the applicants at this meeting, concerning the property located at 41 Old Assembly Point Road in the Town of Queensbury bearing Tax Map No.: 239.12-24. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr.Montesi,Mr.Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN CELESTE AND THOMAS VALENTINE RESOLUTION NO.:BOH 11,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 124 SECONDED BY: Mr.Brian Clements WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance,and WHEREAS, John Celeste and Thomas Valentine have applied to the Local Board of Health for variances from Chapter 136,§136-11,which requires applicants to obtain a variance for holding tanks and the applicants have requested variances to allow a holding tank in lieu of a standard septic system/absorption field and to allow a 2,500 gallon capacity holding tank in lieu of the required 4,000 gallon capacity holding tank on property located at 83 Pilot Knob Road in the Town of Queensbury, NOW,THEREFORE,BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on June 17th, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Celeste and Thomas Valentine's sewage disposal variance application concerning property located at 83 Pilot Knob Road in the Town of Queensbury and bearing Tax Map No.: 227.18-1-12 and at that time all interested persons will be heard,and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier,Mr.Clements NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH 12,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 125 RESOLVED,that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 3rd day of June,2013 by the following vote: AYES: Mr.Montesi,Mr.Metivier,Mr. Clements,Mr. Strough NOES: None ABSENT:Mr.Brewer REGULAR TOWN BOARD MEETING 2.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF $1,000 DONATION FROM COMMUNITY EXCHANGE FOUNDATION FOR TOWN RECREATION DEPARTMENT'S Q-CLUB SUMMER YOUTH PROGRAM RESOLUTION NO.: 250,2013 INTRODUCED BY:Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, The Community Exchange Foundation has offered to donate $1000 to the Town of Queensbury Recreation Department's 2013 Q-Club Summer Youth Program,and WHEREAS,the Town Board is honored by this generous offer, feels that such donation will benefit Town residents,and therefore wishes to authorize such donation, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board hereby approves and accepts the donation of$1,000 from The Community Exchange Foundation for the Town Recreation Department's 2013 Q-Club Summer Youth Program,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to increase the Recreation Programs Expense Account No.: 001-7110-4824 by$1,000 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by$1,000,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 Community Exchange Foundation with a letter from the Town thanking The Foundation for its generosity. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough,Mr. Brewer NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 126 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF MATERIALS FOR UNDERDRAIN REHABILITATION FOR FILTER#2 AT TOWN WATER DEPARTMENT RESOLUTION NO.: 251,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Water Department Civil Engineer has requested that the Town Board authorize an advertisement for bids for the purchase of materials for the underdrain rehabilitation for Filter#2, including new cell dividers and porous plates, at the Town Water Department in accordance with bid specifications on file with the Town's Purchasing Agent,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for the purchase of materials for the underdrain rehabilitation for Filter #2, including new cell dividers and porous plates, at the Town Water Department in the official newspaper for the Town of Queensbury,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received,read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES : None ABSENT: None RESOLUTION SUPPORTING EXTENSION OF SIX FLAGS GREAT ESCAPE RESORT PROPERTIES' EXISTING LIQUOR LICENSE AS REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY RESOLUTION NO.: 252,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 127 SECONDED BY: Mr.Anthony Metivier WHEREAS, Six Flags Great Escape Resort Properties (Six Flags) owns and operates The Great Escape Theme Park and Great Escape Lodge on State Route 9 in the Town of Queensbury, New York, and has a valid liquor license, and WHEREAS, Six Flags has advised the Town Board that it will hold fireworks shows on Friday and Saturday nights at the Great Escape from July 19th to August 10"'°2013 and during the time of the show(s) and an hour preceding, it wishes to entertain its Lodge Guests in a secured location of the parking lot at Johnny Rockets and serve beer and wine, therefore, requesting an extension to its existing liquor license, and WHEREAS, Six Flags has requested that the Town of Queensbury support such liquor license extension as required by the New York State Liquor Authority(NYS), NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify Six Flags Great Escape Resort Properties and/or the New York State Liquor Authority that the Town supports Six Flags' extension to its existing liquor license from July 19th to August W, 2013 as set forth in the preambles of this Resolution and that the Town Board has no objection to such license extension, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June,2013 by the following vote: AYES :Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING TACKETT CHIROPRACTIC'S "RUN FOR THE AGES" 5K RUN/WALK RESOLUTION NO.253,2013 INTRODUCED BY:Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 128 WHEREAS, Tackett Chiropractic has requested permission to conduct its "Run for the Ages" 5k Run/Walk to benefit Big Brothers Big Sisters of the Southern Adirondacks and the Glens Falls Senior Center as follows: SPONSOR: Tackett Chiropractic EVENT: 5k Run/Walk DATE: Saturday,June 15th,2013 TIME: Approximately 9:30 a.m. PLACE: Beginning and ending at Homer Avenue (documentation regarding location presented at this meeting); NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Tackett Chiropractic to conduct its"Run for the Ages"5k Run/Walk within the Town of Queensbury as set forth in the preambles of this Resolution,and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event,and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier,Mr. Clements NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO EMERGENCY PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. FOR PURCHASE OF NEW EMERGENCY VEHICLE RESOLUTION NO.: 254,2013 REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 129 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, in accordance with Town Law §184, the Queensbury Town Board (Town) may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town,and WHEREAS, the Town and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services for 2012 through 2014, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a"vehicles fund"without prior approval of the Queensbury Town Board,and WHEREAS,the Squad has advised the Town Board that it wishes to trade in its current 2001 Medtec Unit#721 and use the anticipated$8,500 in proceeds toward the purchase of one(1)2013 Ford E-450 chassis with a PL Medallion 170 style body(Emergency Vehicle) from Specialty Vehicle Sales Corp. (SVC) for the adjusted purchase price of$144,297 as set forth in SVS' Agreement presented at this meeting, such purchase already included in the scheduled Squad's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for emergency protection services purposes, and WHEREAS,the Squad plans on paying for the Emergency Vehicle as follows: I. The Squad will trade in its 2001 Medtec Unit#721 ($8,500 value); and 2. The Town will provide $144,297 in funding to the Squad, such funding to come from the Town's unappropriated,undesignated EMS Fund Balance; and WHEREAS, the Town Board feels that this new Emergency Vehicle will provide additional, improved emergency medical services for the Town,and WHEREAS, since such $144,297 in additional expenses are not presently included in the Squad's 2012-2014 Agreement with the Town,the Town Board wishes to set a public hearing concerning the Squad's REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 130 additional expenses related to its proposed Emergency Vehicle purchase and the coinciding amendment to the Squad's Agreement, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed Amendment to the Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc.,regarding the inclusion of$144,297 in additional expenses related to the purchase of a new Emergency Vehicle on Monday, June 17th, 2013 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 3rd day of June,2013,by the following vote: AYES Mr.Brewer,Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING THE ARTHRITIS FOUNDATION OF NORTHEASTERN NY'S "JINGLE BELL 5K RUN/WALK" RESOLUTION NO.255,2013 INTRODUCED BY:Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, The Arthritis Foundation of Northeastern NY has requested permission to conduct its "Jingle Bell 5k Run/Walk"as follows: SPONSOR: The Arthritis Foundation of Northeastern NY EVENT: Jingle Bell 5k Run/Walk DATE: Saturday,July 13th,2013 TIME: Approximately 7:00 a.m. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 131 PLACE: Beginning at The Bavarian Palace and ending at Great Escape Lodge and Indoor Water Park (Letter regarding location of Run/Walk attached); NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from The Arthritis Foundation of Northeastern NY to conduct its Jingle Bell 5k Run/Walk within the Town of Queensbury,and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event,and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF APRIL 22ND, 2013 AND JUNE 4TH, 2013 RESOLUTION NO.: 256,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of April 22"d, 2013 and May 3e, 2013 and payment dates of April 22"d, 2013 and June 4`h,2013, NOW,THEREFORE,BE IT REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 132 RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of April 22nd, 2013 and May 30d`, 2013 and payment dates of April 22nd, 2013 and June 4d', 2013 totaling $277,329.24 and$602,858.20,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 action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June,2013,by the following vote: AYES : Mr.Metivier,Mr. Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES : None ABSENT: None RESOLUTION ADDING KENMORE DRIVE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 257, 2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system,and WHEREAS, the Town Board wishes to add"Kenmore Drive," a private roadway/driveway located off of John Clendon Road,to the Town's list of private driveways and road names, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby adds "Kenmore Drive" to the Town of Queensbury's list of private driveways and roads,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town Highway Superintendent and/or Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 133 Duly adopted this 3rd day of June,2013,by the following vote: AYES Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier NOES :None ABSENT:None COUNCILMAN METIVIER LEFT MEETING 7:45 P.M. 3.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR-Spoke to the board regarding his concern with the Zoning Board of Appeals Meeting held on May 22,2013 regarding a variance request to the Town on the Towns most recently adopted Chapter 147, Stormwater Management in particular Section 147-11 noted it was approved by a four to three vote. The project being a three thousand one hundred and seventy one square foot residential dwelling in a two acre waterfront zoning district on a one third acre nonconforming lot in the Lake George Park Commission designated critical environmental area in close proximity to wetlands believes the Town has an illegal code in place. Read into the record the new Chapter 147-1 IH-5 adopted by the Town regarding no variances shall be granted by the Town of Queensbury until first providing notice to the commission a minimum of ten days in advance the commission shall be a part of the proceedings noting the commission was not involved in the approval of the variance on May 22,2013. SUPERVISOR MONTESI-Asked if Mr. Salvador is saying that one of the fail safe systems that we do not have is who is supposed to notify the commission? MR. SALVADOR-Yes. SUPERVISOR MONTESI-That is a good point I don't have an answer for you,but I will. DOUG AUER, 16 OAKWOOD DRIVE-Spoke to the board regarding his concern with the project Fowler Square explained the history of how the sewer district was created and the zoning change to the code ask the board to do the right thing regarding this project. MR. SALVADOR-Spoke regarding the zoning changes noting most of the work that was done on the zoning change took place after the Comprehensive Plan was done the Town Board took over the zoning ordinance changes was done in Workshop Session. PAUL DAVIDSON, PICKLE HILL ROAD-Thanked the board for approving the Water Treatment Plant noting the Town will be saving money. Spoke to the board regarding the Reevaluation Project for the Town noting he is happy that the Town is doing this it will be good for the Town. Spoke to the board regarding his dealings with the Town Planning Department in particular Craig Brown regarding the Keith Harris property on Pickle Hill Road and his concern with Mr. Brown not returning his phone calls and emails with regard to this project when he does get back he tells me he is working on it. COUNCILMAN STROUGH-Mr. Brown has said to me he will make his determination soon all the things that you have shared with us tonight you have shared in emails and shared with Craig. I am sure he will put this all together and come to a determination based on everything hearing both sides then we will go from there. 4.0 CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN- The MS4 Annual Report Period ending March 9, 2013 on file in Town Clerks Office. 5.0 TOWN BOARD DISCUSSIONS WARD TWO- COUNCILMAN CLEMENTS • Thanked Tom Lyons and his staff for the wonderful job in taking care of the residents at the Glen after the fire last week also thanked the first responders. WARD THREE—COUNCILMAN STROUGH • Seconded Councilman Clements remarks regarding the fire. REGULAR TOWN BOARD MEETING 06-03-2013 MTG#23 134 • Thanked everyone involved with the Glens Falls Town of Queensbury Memorial Day Parade. WARD FOUR- COUNCILMAN BREWER • Agreed with Councilman Strough regarding the parade it was a perfect parade there was a big crowd appreciates all the work he did. SUPERVISOR MONTESI • Warren County has stocked Clendon Brook with three hundred brook trout. Glen Lake with five hundred rainbow trout. Gurney Lane Pond with a hundred trout. Halfway Brook with seven hundred and fifty brook trout and Hovey Pond with three hundred brook trout. • The agreement has been sent between the Town of Queensbury and the Town of Moreau,which will be signed by Prestin Jenkins this is to provide Moreau with enough water so they can supply the Village of South Glens Falls while they are getting their new Water Treatment Plant built that will be a duration of six to eight weeks in the amount of seven hundred thousand gallons per day that mean Moreau will be getting about two million gallons a day from the Town of Queensbury. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 258,2013 INTRODUCED BY: Mr., Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.,John Strough RESOLVED,that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 3rd day of June, 2013,by the following vote: AYES: Mr. Strough,Mr.Brewer,Mr. Montesi,Mr. Clements NOES: None ABSENT:Mr. Metivier RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY