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2017-08-21 MTG#26 REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 342 REGULAR TOWN BOARD MEETING MTG#26 AUGUST 21ST, 2017 RES#234-244 7:00 PM B.H. 24-31 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN DOUG IRISH TOWN COUNSEL KARA L LAIS TOWN OFFICIAL TOM VANNESS, SUPERINTENDENT OF HIGHWAYS PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH-Called meeting to order..... 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 234, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements 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 21", day of August, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Brewer, Mr. Strough NOES: None ABSENT: Mr. Irish PUBLIC HEARING SEWAGE DISPOSAL VARIANCE OF SAMEH & MELANIE GHOBRIAL PUBLICATION DATE: AUGUST 11, 2017 SAMEH AND MELANIE GHOBRIAL PRESENT SUPERVISOR STROUGH-We went up and did a site visit. I will ask, but I probably know the answer. Why do you want to move to a larger holding tank? MR. GHOBRIAL-The five hundred gallon tank that is there now is the original one from 1953. It does not go into a field; it is strictly pumped out. It is a very old tank. I am afraid that it days are numbered. We want to improve the location and put in two (2) fifteen hundred (1,500) gallon tanks. We looked at putting in a field, but it doesn't work. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 343 SUPERVISOR STROUGH-Holding tanks we know where it is and where it is not. Do you have all the bells and whistles on that when it gets to a certain capacity you will be notified? COUNCILMAN BREWER-The alarm goes off MR. GHOBRIAL-Yes. It will all be wired into the proper circuits and everything will be located... SUPERVISOR STROUGH-Any other questions by Town Board members? COUNCILMAN CLEMENTS-Is this a seasonal residence? MR. GHOBRIAL-Yes. Four months. SUPERVISOR STROUGH-Is there any member of the public that wishes to speak to this variance application? PUBLIC HEARING OPENED No Comment PUBLIC HEARING CLOSED RESOLUTION APPROVING SAMEH AND MELANIE GHOBRIAL'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 24,2017 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, Sameh and Melanie Ghobrial (Applicants) filed an application for a variance from provisions of the 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 disconnect the original 500 gallon holding tank and replace it with two(2)new 1,500 gallon holding tanks for a total of 3,000 gallons of capacity, and WHEREAS, the Applicants also applied for an additional variance from Chapter 136 to allow placement of such holding tanks approximately two feet(2')from the property line in lieu of the ten feet(10') setback on property located at 66 Russell Harris 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 requests on Monday, August 20,2017, and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 344 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 Sameh and Melanie Ghobrial for variances from the Sewage Disposal Ordinance to allow replacement of the original 500 gallon holding tank with two (2) new 1,500 gallon holding tanks for a total of 3,000 gallons of capacity, with placement of such holding tanks to be approximately two feet(2') from the property line in lieu of the ten feet (10') setback on property located at 66 Russell Harris Road, Queensbury, and bearing Tax Map No.: 240.5- 1-12, 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 any lawful action by the Adirondack Park Agency during such period. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr. Clements,Mr.Brewer,Mr. Strough,Mr.Metivier NOES None ABSENT:Mr.Irish PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE OF HEIDI TAFLAN PUBLICATION DATE: AUGUST 11, 2017 HEIDI TAFLAN - PRESENT SUPERVISOR STROUGH-We were up on the seventh; that was my second visit to the site. Any questions that we have were pretty much answered. The variance that the applicant is asking for is the leach bed to be 5'9" from the property line instead of the required ten (10') setback. The Basil Mound, which has a slope to it so it is the system itself, but we consider the slope and everything else that will be 1'4" from the property line instead of the required ten (10') setback. MS. TAFLAN-That is an error we are actually asking for a variance of four (4) feet from the setback. If you look on the plan it is four foot not 1.4. COUNCILMAN BREWER-If you look on the map it say four (4) feet. SUPERVISOR STROUGH-I will make that change. Is there anyone from Jarrett Engineering here? REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 345 MS. TAFLAN-They are not. They were not able to be here this evening. SUPERVISOR STROUGH-That is what it does show on the plans. MS. TAFLAN-Right. SUPERVISOR STROUGH-Town Board any questions for the applicant while they are up here? COUNCILMAN BREWER-None. COUNCILMAN CLEMENTS-Thanks for talking to us. SUPERVISOR STROUGH-Anyone from the public wish to speak to variance application one point two, Heidi Taflan? Seeing none is there a motion? PUBLIC HEARING OPENED No Comment PUBLIC HEARING CLOSED RESOLUTION APPROVING HEIDI TAFLAN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 25,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, Heidi Taflan (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to construct a new on-site disposal system with its system side slope to be 1V:2.5H instead of the required 1V:3H, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to install such new on site disposal system as follows: 1. Leach Bed to be 5'9"from the property line instead of the required 10' setback, and 2. Mound/Basil limit will be 1'4"from the property line instead of the required 4' setback, on property located at 50 Russell Harris Road, 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 requests on Monday, August 20,2017, and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 346 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 Applicant, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Heidi Taflan for a variance from the Sewage Disposal Ordinance to construct a new on-site disposal system with its side slope to be 1V:2.5H instead of the required 1V:3H to be installed as follows: 1. Leach Bed to be 5'9"from the property line instead of the required 10' setback, and 2. Mound/Basil limit will be 1'4"from the property line instead of the required 4' setback, on property located at 50 Russell Harris Road, Queensbury, and bearing Tax Map No.: 240.5-1-5, 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 any lawful action by the Adirondack Park Agency during such period. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements NOES None ABSENT:Mr.Irish PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE OF SHARON SERINI PUBLICATION DATE: AUGUST 11, 2017 AGENT DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP AND SHARON SERINI PRESENT SUPERVISOR STROUGH-This is located on 2934 Rt. 9L. They are proposing four variances to put the replacement wastewater treatment system in. The absorption field to be five (5') feet from the north property line instead of the required ten feet (10') setback. Absorption field to be eight feet (8') from the east property line instead of the required ten feet (10') setback. Septic tank to be five feet (5') from the house instead of the required ten feet (10') setback. Building sewer to be four feet (4') from the south property line instead of the required ten feet (10') setback. Does the Town Board have any questions on this variance application by Sharon Serini? COUNCILMAN CLEMENTS-I didn't ask this when I was up there. I don't know if you know the answer to this, but I remember saying it is a long distance from the lake? Do you know what that distance is? DENNIS MACELROY-Yes. The Serini's are brand new owners on this property. They closed a few... ago now. The first thing they want to do is improve the wastewater system. It is new about a hundred and sixty five feet (165) close to the lake. That puts it back to what currently REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 347 exists. What currently exists that is a question...is still a hundred and thirty feet (130) from the lake. As you know that is a pretty long front yard. The proposal here was to add an enhanced treatment unit the Clams Unit, which would be located adjacent to the house. The pump tank that pumps to a new dispersal area pushes it back into the northeast corner of the property. We have done test pits and saw that it was a suitable area a good location for a new disbursal field to go with that enhanced treatment unit. SUPERVISOR STROUGH-Did we ascertain how many bedrooms? MR. MACELROY-There are three (3) bedrooms. There are three (3) sleeping areas. The only thing that we can maybe guess at why that was is that the upstairs, which is the sleeping area they aren't full type walls. Maybe the Assessor questioned whether it was really three (3) bedrooms. Nonetheless the Serini's have a three (3) bedroom house a three (3)bedroom design. SUPERVISOR STROUGH-Any questions by the Town Board before I open it to the public? I will open the public hearing. Any member of the public wish to speak to the sewage disposal variance application of Sharon Serini? Seeing none, I will close the public hearing. PUBLIC HEARING OPENED No Comment PUBLIC HEARING CLOSED RESOLUTION APPROVING SHARON SERINI'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 26,2017 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Sharon Serini (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be five feet (5') from the north property line instead of the required ten feet(10') setback, 2. Absorption field to be eight feet (8') from the east property line instead of the required ten feet(10') setback, 3. Septic tank to be five feet (5') from the house instead of the required ten feet (10') setback, and 4. Building sewer to be four feet (4') from the south property line instead of the required ten feet(10') setback, on property located at 2934 Route 9L 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 requests on Monday, August 20,2017, 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, 08-21-2017, MTG#25 348 NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy, and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Sharon Serini for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption field to be five feet (5') from the north property line instead of the required ten feet(10') setback, 2. Absorption field to be eight feet (8') from the east property line instead of the required ten feet(10') setback, 3. Septic tank to be five feet (5') from the house instead of the required ten feet (10') setback, and 4. Building sewer to be four feet (4') from the south property line instead of the required ten feet(10') setback, on property located at 2934 Route 9L in the Town of Queensbury and bearing Tax Map No.: 239.20-1-18, 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 any lawful action by the Adirondack Park Agency during such period. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements NOES None ABSENT:Mr.Irish REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 349 PUBLIC HEARING SEWAGE DISPOSAL VARIANCE OF CHRISTOPHER MACKEY PUBLICATION DATE:AUGUST 11,2017 AGENT DENNIS MACELROY PRESENT SUPERVISOR STROUGH-Christopher Mackey is on Corinth Road. They have a lot seventy five (75')by a hundred and fifty (150'). It fronts on Corinth Road. They are going to put a building up I believe it is going to be...storage building. They weren't going to put a bathroom in, but then they decided to put a bathroom in and so forth. The sewer line is going to be going there hopefully in the near future so they would like to put a holding tank in a 1,000 gallon holding tank in for now. The variance besides the holding tank is five feet(5')from the western parcel property line in lieu of the ten feet(10')setback. MR. MACELROY-The holding tank would be five feet (5') from the property line verses the ten (10') foot distance. SUPERVISOR STROUGH-Any questions'? COUNCILMAN BREWER-I do. I know there is a site plan approval, but why did we put the retaining ponds in the front and not in the back'? MR.MACELROY-There are some in the back as well. COUNCILMAN BREWER-I just see the depressions at the site. So there are going to be two (2)in the front and small ones in the back'? Is that what they are Dennis'? MR.MACELROY-It runs along the back of the property line. It is a swallow grass depression. It is required for storm water management. The front area has a greater setback so,therefore,there is more room. COUNCILMAN BREWER-Is there any vehicles driven around this thing or is that just for the fire code'? MR.MACELROY-There is a loop gravel drive. COUNCILMAN BREWER-I guess my worry is driving over the tank. There is no issue with that'? It would be a traffic control thing'? MR.MACELROY-Yes. COUNCILMAN BREWER-That's all I have. COUNCILMAN METIVIER-We are approving all of these things with anticipation of sewer going through there,which is our hope. In the event that it actually doesn't happen are they required to hook in? SUPERVISOR STROUGH-Unless you give them a variance not to hook in they are required to hook in. COUNCILMAN METIVIER-How long between the time the sewer is active and hook in. Is it a year? How does that work'? SUPERVISOR STROUGH-There is a time limit. COUNCILMAN BREWER-Year. It is a year then they have to get a variance. I remember doing many of them. They have probably a year to hook in. Then after that they have to get a variance for a year at a time. COUNCILMAN METIVIER-I guess I'll ask the question. We have some situations on Route 9 where people year after year.... COUNCILMAN BREWER-Remember we did many of those Tony years back. COUNCILMAN METIVIER-I guess they know they are going to be required to hook in right'? SUPERVISOR STROUGH-Yes. This is just a storage facility. MR.MACELROY-It is really just a bathroom,toilet and sink for that particular use. COUNCILMAN METIVIER-I don't have any issues with that. I am just thinking we are granting these week after week what is the guarantee that they... REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 350 COUNCILMAN BREWER-If he is in the sewer district he has to hook up or he has to pay like he is hooked up one or the other that is the law. COUNCILMAN CLEMENTS-I guess that is the reason why you are putting in a holding tank rather than a system. SUPERVISOR STROUGH-Let me open the public hearing. Is there any member of the public that wishes to speak to the sewage disposal variance application of Christopher Mackey? Seeing none I will close the public hearing. PUBLIC HEARING OPENED No Comment PUBLIC HEARING CLOSED RESOLUTION APPROVING CHRISTOPHER MACKEY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 27,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Christopher Mackey (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks, as the Applicant wishes to install a 1,000 gallon holding tank to serve a bathroom in a storage building located on Corinth Road, and WHEREAS, the Applicant also applied for an additional variance from Chapter 136 to allow placement of such holding tank approximately five feet (5') from the western parcel property line in lieu of the ten feet(10') setback on property located at Corinth Road, approximately two hundred feet(200')west of Carey 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 requests on Monday, August 20,2017, and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy, and REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 351 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 Applicant, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Christopher Mackey for variances from the Sewage Disposal Ordinance to allow installation of a 1,000 gallon holding tank, with placement of such holding tank to be approximately five feet(5') from the western parcel property line in lieu of the ten feet (10') setback on property located at Corinth Road, approximately two hundred feet(200')west of Carey Road, Queensbury, and bearing Tax Map No.: 308.16-1-54. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES None ABSENT:Mr.Irish PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE OF JAMES SCHNEIDER PUBLICATION DATE:AUGUST 11,2017 AGENT DENNIS MACELROY PRESENT SUPERVISOR STROUGH-This is the one if my memory serves me we are going to move the bed southeast is that right'? MR. MACELROY-Correct. Jim is the owner of the property to the north. He is the applicant in this case of the subject property because he recently was able to purchase that property so now he is his owner neighbor. He is a new owner. He knows that he wanted to upgrade the wastewater system on that property. We proposed this design with again, a Clarus Enhanced Treatment Unit to be located on the north end of the building. It requires that the whole variance is there because of the tank location in relationship to the house or the property line. Actually there are five (5) different variances related to that and those components because they are close to the property line close to the house. That pumps up to a field located up....is about a hundred and ten feet from the lake that dispersal area where the existing one was probably in the range of sixty feet. That dispersal area is within a hundred feet of Mr. Schneider's own well over on his property. SUPERVISOR STROUGH-How many feet are we going to propose to move it'? MR. MACELROY-I think we can move it about five (5') feet to a seventy five (75') setback. It would decrease the relief. SUPERVISOR STROUGH-It is a Clarus tank,which is a pretreatment. That is a Fusion 450 as well,right'? MR.MACELROY-Yes. SUPERVISOR STROUGH-That will be eight 8' feet from the property line instead of the required(10'). The Force main is going to be 3' from the north property line instead of the required 10' setback. The Clarus tank is going to be 3' from the building instead of the required 10' setback. The pump tank will be 2' from the building instead of the required 10' and the absorption field we are changing that to 75' feet from the well instead of the required 100' setback. Any questions from the Town Board for Mr.MacElroy? COUNCILMAN BREWER-No not yet. SUPERVISOR STROUGH-Did you talk to Mr. Schneider about putting in a UV system? MR. MACELROY-I did. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 352 SUPERVISOR STROUGH-So we can condition that? MR. MACELROY-Yes. COUNCILMAN METIVIER-The UV system in the water supply? MR. MACELROY-His own water supply on his private well. He is the one that is impacting himself. COUNCILMAN BREWER-If he ever sells it then he would be impacting someone else. SUPERVISOR STROUGH-So we want to change this Kara in a couple of ways. I am going to open the public hearing in a minute. He is willing to move the absorption field southwesterly five (5') feet, which will separate the distance seventy five (75') feet from his own well. Mr. Schneider's northerly property he is willing to put a.... MR. MACELROY-A disinfection system on his water supply. The address of that property is 27 Sevits Drive. SUPERVISOR STROUGH-Any other questions before I open the public hearing, allow me to open the public hearing. Any member of the public wish to speak on the sewage disposal variance application of James Schneider? Seeing none I will close the public hearing. PUBLIC HEARING OPENED No comment PUBLIC HEARING CLOSED RESOLUTION APPROVING JAMES SCHNEIDER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 28,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, James Schneider (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Pump tank to be 5' from the north property line instead of the required 10' setback, and 2. Clarus tank to be 8' from the north property line instead of the required 10' setback, 3. Force main to be 3' from the north property line instead of the required 10' setback, 4. Clarus tank to be 3' from the building instead of the required 10' setback, 5. Pump tank to be 2' from the building instead of the required 10' setback, and 6. Absorption field to be 75' from the well instead of the required 100' setback, on property located at 14 Ladd Lane 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 requests on Monday, August 20,2017, and REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 353 WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy, and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of James Schneider for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Pump tank to be 5' from the north property line instead of the required 10' setback, and 2. Clarus tank to be 8' from the north property line instead of the required 10' setback, 3. Force main to be 3' from the north property line instead of the required 10' setback, 4. Clarus tank to be 3' from the building instead of the required 10' setback, 5. Pump tank to be 2' from the building instead of the required 10' setback, and 6. Absorption field to be 75' from the well instead of the required 100' setback, on property located at 14 Ladd Lane in the Town of Queensbury and bearing Tax Map No.: 239.18-1-18, conditioned on the installation of a UV disinfection system for the water supply for 20 Sevits Drive in the Town of Queensbury and bearing Tax Map No.:239.18-1-19, 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 any lawful action by the Adirondack Park Agency during such period. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Brewer,Mr. Strough NOES None ABSENT:Mr.Irish PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE OF KATHARINE SEEYLE REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 354 PUBLICATION DATE:AUGUST 11,2017 AGENT DENNIS MACELROY PRESENT MR. MACELROY-Katharine Seeyle is the owner of this property and is composing through Zoning and Planning an addition to the existing residence. The structure of that addition is approximately fourteen (14') by sixteen (16') feet added to the east side of her property. She is hoping to get approval to be able to have a downstairs. Because the existing system that serves the residence has a septic tank that would be in conflict with the new foundation area we need to move the septic tank. The septic tank location can be moved because there is an adjacent pump tank as shown on our plan. That would then necessitate relief for the ten (10') foot setback to the dwelling to approximately four (4') feet. The system itself the dispersal area the existing absorption field would remain as is. The pump tank would remain as is. It is just a matter of relocation of the septic tank so it fits. SUPERVISOR STROUGH-It is going to be a new septic tank and you are going to take the old one even if you could save it you are not going to bother with that in case it does get damaged. Any other questions from the Town Board for the applicant before I open the public hearing? COUNCILMAN BREWER-No. SUPERVISOR STROUGH-Allow me to open the public hearing. Is there any member of the public that would like to speak to the sewage disposal variance application of Katharine Seeyle, 14 Crooked Tree Drive? Seeing none, I will close the public hearing. PUBLIC HEARING OPENED No comment PUBLIC HEARING CLOSED RESOLUTION APPROVING KATHARINE SEELYE'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 29,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, Katharine Seelye (Applicant) filed an application for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to relocate the existing septic tank due to a proposed addition to the existing residence, with placement of the septic tank to be located four feet (4') from the dwelling in lieu of the required ten feet (10') setback on property located at 14 Crooked Tree Drive 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, August 21s`,2017, 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 REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 355 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 the granting of 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 BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Katharine Seelye for a variance from the Sewage Disposal Ordinance to relocate the existing septic tank due to a proposed addition to the existing residence, with placement of the septic tank to be located four feet (4') from the dwelling in lieu of the required ten feet (10') setback on property located at 14 Crooked Tree Drive in the Town of Queensbury and bearing Tax Map No.: 239.15-1-10, 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 any lawful action by the Adirondack Park Agency during such period. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr. Clements,Mr.Brewer,Mr. Strough,Mr.Metivier NOES None ABSENT:Mr.Irish RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOSEPH ORLOW RESOLUTION NO.: BOH 30,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 356 WHEREAS, Joseph Orlow (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to drill a new well and construct a replacement on-site septic system with the requested new system's variances as follows: 1. Storage tank to be 40' from the well instead of the required 50' setback, 2. Storage tank to be 4' from the house instead of the required 10' setback, 3. Storage tank to be 4' from the property line instead of the required 10' setback, and 4. Well to be 25' from neighbor's dry well(seepage pit)instead of the required 150' setback, 5. Well to be 56' from neighbor's dry well(seepage pit)instead of the required 150' setback, 6. Well to be 119' from neighbor's dry well(seepage pit)instead of the required 150' setback, 7. Well to be 131' from neighbor's dry well (seepage pit) instead of the required 150' setback, and 8. Well to be 139' from neighbor's dry well(seepage pit)instead of the required 150' setback, on property located at 11 Wagon Trail in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday, September 11'h, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joseph Orlow's sewage disposal variance application concerning property located at 11 Wagon Trail, Queensbury(Tax Map No.: 290.5-1-21)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' of the applicant's property as required by law. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements NOES None ABSENT:Mr.Irish RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.31,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 21St day of August, 2017, by the following vote: AYES: Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: Mr. Irish REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 357 2.0 PUBLIC HEARING PUBLIC HEARING—LOCAL LAW AMENDING LOCAL LAW NO. 7, 1986 REGARDING ESTABLISHMENT OF NO PARKING REGULATIONS ON CLEVERDALE ROAD PUBLICATION DATE: AUGUST 11, 2017 SUPERVISOR STROUGH-Anyone from the public like to come up and share their thoughts with us. PUBLIC HEARING OPENED COUNCILMAN METIVIER-This has been an ongoing issue for a couple of years. Where there is no parking except for Sunday between nine and eleven up on Cleverdale Road in front of the Church. An individual up there has repeatedly requested that we go up and look at the situation. She indicates that when Church is going on the cars park on either side of the road and you can't get through. I personally did visualize this that people they park on either side of the road and vehicles can't get through there, especially emergency vehicles that are larger than regular vehicles. We didn't do anything about it last year and then it reared its ugly head again this year. John and I went up there and walked the entire property of the length of it where we felt there would be an issue. We decided what we would do is kind of create a situation where you couldn't park on either side of the road on both sides of the road in the same area. It would be jogged where you can still park to go to Mass, but you can't park on either side at the same time. We felt that at least cars could zig zag through the area to get through especially emergency vehicles. I am personally comfortable with what we came up with. I know that the Highway Department doesn't feel it is going to help. Frankly, I don't think people will pay attention to the No Parking signs, but we are trying to do our part. I do truly feel there is an issue. I've seen pictures. I have been up there myself on Sundays to witness it for myself that you cannot get through there. We need to figure something else out. We are not saying don't go to Mass. We are not saying you can't drive to Mass. We are just saying you need to be a little bit more courteous towards your neighbors and people that live beyond the Church to let them be able to pass through that area while Church is going on. We have asked and I know that there are some letters out there that John is going to read. I said to the woman why don't you just go to the Priest and ask him to ask people to be more courteous. She said he won't do that. I don't know what the answer is. If people can't work together to help their neighbor then this is what the solution is for us. There is no other way to say it. SUPERVISOR STROUGH-You have to envision trying to get fire trucks up through there. COUNCILMAN METIVIER-You can't. SUPERVISOR STROUGH-To the northern end. If you allow parking on both sides I think that is an impossible thing. COUNCILMAN METIVIER-It is impossible. SUPERVISOR STROUGH-That is one of the issues we are trying to solve. Before, I open it to a public hearing are there any other thoughts or comments that the Town Board wants to make? COUNCILMAN CLEMENTS-I just had a question. Do you know how many parking spaces would be lost if you did that? COUNCILMAN METIVIER-Honestly, six maybe if that. SUPERVISOR STROUGH-Not very many. What we tried to do was we looked at where people shouldn't be parking anyways because of peoples driveways. We said let's make that a No Parking Zone because if there are people parking there they shouldn't be blocking peoples driveways. So that clears that up. What we tried to do is alternate the parking as best we could to put parking where it seemed to be most appropriate. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 358 COUNCILMAN METIVIER-At the end of the day it is not a significant amount. In fairness it would be five or six cars that would be displaced by doing this that's all. SUPERVISOR STROUGH-Tony and I went up and looked at it and tried to analyze it. That's why we have a public hearing it allows the public to share their thoughts with us. I do have two emails here that I will read at a later date. Allow me to open the public hearing on this the proposed Resolution establishing some changes in the no parking areas on Cleverdale Road. We are looking at no parking signage it would be located between 364 and 366 Cleverdale Road; 359 Cleverdale Road; 351 Cleverdale Road; and 361 Cleverdale Road, so it's alternating. Let's talk about it. Anybody from the public like to come up and share their thoughts with us. Please identify yourself for the record. PUBLIC HEARING OPENED JEAN TARRANT, CHAIRMAN OF THE TRUSTEES AT LAKESIDE CHAPEL-First and foremost is we had no idea that anyone was worried about this situation. We have never been notified. You say it's been two years on Thursday this was written up. We were never notified and only happened to hear about it by a neighbor of Church who happened to be on your website. So we are wondering first of all why we weren't notified of this? It seemed like it was written up on a Thursday and on Monday it said public hearing. That is one question I would like to know. We are not Catholics; we do not have a Priest; it is not Mass. This is a non- denominational Church. We have visiting Ministers and Pastors each Sunday so it is not one Minister you would contact. There is a Board of Trustees and there is a Chairman of the Trustees. They are there every Sunday as well. As other times so if anyone ever needed to notify us, I think it is fairly simple to do so. We understand the concern of wanting to get emergency vehicles up the road. That's not a problem. To be quite honest it's sort of hard to understand what the need is that you would like. Are we going to be setting signs up so people will know where they can park and where they can't? The numbers are a little...we are number three sixty the Church is. There are probably four or five parking spots right there one or two being handicapped. Those signs just go up on Sundays; we put them up ourselves saying for Church parking. If you are going to remove across the street from the Church that no one can park there, which is understandable if you want to make it that so the parking is on only one side alternating that we understand. We hope that we will then gain some places further up to the north and the south to make up for those spots. It is hard for us to understand where it is you actually are saying there is no parking and there is parking so we just need clarification on that. SUPERVISOR STROUGH-We don't have to act on this tonight. One of the reasons why we do this procedure that we do is that we want to hear from you. MRS. TARRANT-Right. We would have loved to have heard from you before now. SUPERVISOR STROUGH-This is part of the process. We are hearing from you now. MRS. TARRANT-What if we weren't here tonight and didn't know anything about this? SUPERVISOR STROUGH-Chances are somebody would be here. I have gotten two emails and people need to know how to get in touch with us. MRS. TARRANT-That is because of us. We told them. SUPERVISOR STROUGH-So there are some things that we could try. We could try and post some unofficial signage. By saying this would be a no parking sign area and try it. Then go up on Sunday and take a look at it. We could go up and get North Queensbury Fire Department and somebody up there to evaluate their ability to access this based on current conditions or for...conditions to see if what we are even approving would work. We will see how the Board feels, but we are here to listen to you right now. MRS. TARRANT-It is just a lot of the houses really don't have numbers on the street it is hard to figure that out. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 359 COUNCILMAN METIVIER-We walked it John and I did. We came up with a plan that we could handle thought we could hand over to the Highway Department and they could make sense of it. We are not removing any parking in front of the Church. What we are simply doing is we would move parking across the street so it's open there. Then we went down a little bit and there is no parking except for Sunday signs and we moved them. Again it is just alternating through that section so cars can get through. I have observed personally situations where you cannot get through on Sundays. I've seen people park their cars get out of it and walk into Church and I'm thinking they never look back. It is the same thing you go to West Mountain on any given day in the winter time people park three deep. They block the middle car and they just walk away. You cannot be that oblivious to your surroundings. I've seen this and have seen pictures taken where you cannot get through. I was under the impression and I apologize to you that the Church or whatever you refer yourself as had been addressed. I was told that you refused to do anything about it. My apologies to you and everybody on the Trustees, you know I am embarrassed for that because shame on me for not following up. This has been going on for two years. MRS. TARRANT-We were there every Sunday... COUNCILMAN METIVIER-Every Sunday I would get an email, it is here again. I just assumed that. I've gone up there and I have sat up there. It's not the last thing in the world that I want to do on a Sunday morning is go and watch people park their cars, but the problem does exist. If you think you can address it another manner then we will work with you. If it continues then we need to do something else. MRS. TARRANT-It's understandable. Once you get north of our Church there are a lot of driveways. There is not a lot of parking. Some of our people are elderly. We also do have the access to a parking lot next door, the Loopy Lot, which is very generous of them to let us have that. We keep it open so they can get in and out and park right where they ask us and all. We are just not sure if that is ever going to at some point a family member may say, now we would like to take it back then that would be a problem. We are willing to work with you. We understand about the alternating. It is just kind of hard to understand what it is. There is the twenty five dollar fee. We would have to put someone out there to make sure people park where you want them to park. COUNCILMAN METIVIER-If we walk with you, it would make perfect sense as to what we did. MRS. TARRANT-Knowing about it is all we ask. SUPERVISOR STROUGH-For example if my memory serves me across the road on the west side of Cleverdale Road across from the Church, there is shrubbery. You cannot really pull your car over there. MRS. TARRANT-And still get out, right. SUPERVISOR STROUGH-It would be even very difficult for whoever is on the side of the car towards the brush to get out. So, I imagine people are parking away from that, which has now aggravated the situation. Maybe some of those areas should be no parking zones. MRS. TARRANT-Right. SUPERVISOR STROUGH-Tony and I can come up and meet with you and try and work out something. That is no problem. We can take a look at it. MRS. TARRANT-That would be great. COUNCILMAN CLEMENTS-I think your idea about talking to the North Queensbury Fire people it would probably be good to bring them up there, too. COUNCILMAN METIVIER-We need to know how wide a piece of apparatus... REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 360 SUPERVISOR STROUGH-A problem has been identified to us and we are seeking solutions. This may not be the best one we will see. COUNCILMAN BREWER-We can always open this public hearing and leave it open. Then we could come back to it if we have to. If you guys go up there and make some sort of solution then we just forget about this and we are done right. We don't have to worry about parking or whatever. SUPERVISOR STROUGH-That's right. DICK YOUNG, MEMBER OF THE BOARD OF TRUSTEES LAKESIDE CHAPEL-A Protestant Non-Denominational Chapel at 316 Cleverdale Road. Thank you for the positive statements you just made. The idea of leaving this hearing open is a great idea until something is worked on. We appreciate the positive approach that you just expressed now. You can understand how this came as a bit of a shock to us when we found out about it. We are glad to know that there is an issue there because we certainly would have been dealing with it sooner if we had been aware. Can you please give us an idea of who the proponent is in this or the claimant because unfortunately we are not aware of that? Had we been we would have directly dealt with the person. SUPERVISOR STROUGH-There was no direct email to me. Sometimes the claimants are not comfortable with allowing their name to be let out. I simply don't know who that person. COUNCILMAN METIVIER-I do and when we talk later on I will share it with you. I just don't think it is appropriate.... MR. YOUNG-That's okay. We kind of got blindsided by this as you can understand. COUNCILMAN METIVIER-My emails back and forth to her is that she has had discussions with you. Again, I am embarrassed by this. Shame on me for not doing more on my part. MR. YOUNG-We don't mean to embarrass you. We are just so blindsided by this. COUNCILMAN METIVIER-No not that you are embarrassing me I did it to myself. You haven't done anything wrong. MR. YOUNG-I have to agree with you. The Chapel has been there for ninety six years. Prior to the parking regulations as many of you may know I think were even more difficult. Across the street from this Protestant Non-Denominational Lakeside Chapel was a Catholic Chapel for decades. The two Chapels worked it out great. The services at one Chapel were held at one time and an hour plus later they were held across the street at the other one. So there weren't complications for parking spaces. They worked together well. Somehow all the needs were met over time. SUPERVISOR STROUGH-Instead of Cleverdale Chapel that was probably Ripley Point Chapel, right? MR. YOUNG-There you go. I will submit to you there are certainly ways to work this out because it has worked for only ninety six years. I am not seeing it as quite the problem as perhaps some others may. We are glad to work on that to find positive solutions to it. As you know from having been there and as had been mentioned here a great many of the driveways especially on the east side of Cleverdale Road tend to come up in kind of a wide way that eliminates the opportunity for parking in many areas. That needs to be part of what we take a close look at when we start eliminating which areas.... I guess the other thing that might help how we focus on this. Is to recognize that the parking exclude the no parking exclusion in other words permission to park along Cleverdale Road where no parking is the rule all the way down the road. It is for two hours basically for ten Sundays in the summer twenty hours a year verses eight thousand seven hundred and sixty six hours in a year verses eight thousand seven hundred and sixty six hours in a year so we are not talking a big percentage here. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 361 COUNCILMAN METIVIER-The point with that, is that you are talking the busiest most heavily populated time of the year. This is where you have all of your fire and EMS calls. We have had complaints from a UPS driver that couldn't get through on a Sunday, so I've heard again, I am hearing this all from an individual. Typically in the past any time that we have had requests like this I request a petition to see if there is really other people that feel the same way. Once against I failed to do that egg on my face for that as well, but this is two years in the making. Conversations with our Highway Superintendent and the Deputy Highway Superintendent who said it is not going to work, but it is something I felt strongly enough we walked it and said it is a simple solution just alternate the parking that's all. MR. YOUNG-It is great to hear there is some thought going into this we appreciate that. We regret that we were not aware of it seeing that the exclusion of the no parking is simply for services at Lakeside Chapel. We are very interested in staying very close.... COUNCILMAN METIVIER-Again afterwards or somehow leave us your contact information and we will get in touch with you. MR. YOUNG-Thank you. SUPERVISOR STROUGH-Anybody else. GREG SHERRY 358 CLEVERDALE ROAD-Three fifty eight is the southern neighbor to the Lakeside Chapel. I have lived there for thirty three years. As I read through the proposal I understood the thought process behind it. I, too as my friends agree with the thought process. Some provision has to be made to expand the ideas that you have or the ideas that I have. If you went down through towards Mason Road and included the east side Mason Road down to 338 Cleverdale Road that will alleviate a lot of the alternate ideas that you had and put all the parking on the east side. COUNCILMAN METIVIER-You are saying to allow parking down that road. That too is a perfect solution. MR. SHERRY-With the exception it would be the Sunday exception. Have it run right down to Mason Road keep everybody on the east side. SUPERVISOR STROUGH-East side of Cleverdale Road. MR. SHERRY-I live on the east side as well. COUNCILMAN METIVIER-I thought that the parking signs started on Mason Road. Are you saying the no parking except for Sunday started with Mason Road? MR. SHERRY-The exception signs start at three forty nine. COUNCILMAN METIVIER-So you are saying go south of that? MR. SHERRY-Go south of that and that would open up some tremendous parking. There are not a lot of driveway issues there. There are not a lot of fences and hedgerows. COUNCILMAN METIVIER-That would save the Town a lot of money. We can take the signs that are no parking by there and swap them out with the ones that are no parking except for Sunday. MR. SHERRY-While you are at it you should probably take all the no parking signs down from Mason Road to the Cleverdale Store. COUNCILMAN METIVIER-You can't do that. I do know that people complain about those no parking signs. The unfortunate thing is that since a Resolution was passed to put them up they have to be so many feet. That is the only thing you see from miles is no parking signs. What is it every fifty feet or something a hundred feet? It is ridiculous I get it, but you can't do anything about it like take half of them down, but you can't. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 362 MR. SHERRY-It sounds like everybody is on the same page. SUPERVISOR STROUGH-Yes let's take a look at your idea when we are there. MR. SHERRY-Thank you. SUPERVISOR STROUGH-Thank you. JOHN SALVADOR-NORTH QUEENSBURY-The Cleverdale Road is a Town road by use, which means there is no deed in the right-of-way. The Highway Law upholds that a road by use that has been maintained by the Highway Superintendent for a period of ten years shall be opened to three rods. If you did that you would have all the space you would need for parking. SUPERVISOR STROUGH-He was just suggesting that we make it a dedicated road, which is three rods. This is basically a fifty foot.... COUNCILMAN BREWER-You can't make a road by use to a deeded road unless you have a deed. SUPERVISOR STROUGH-I know. It depends on what Attorney you talk to. Our Attorney says no you can't do that. Washington County they seemed to have a different point of view. COUNCILMAN BREWER-I agree with our County. SUPERVISOR STROUGH-Would anybody else like to speak to this? I've got two emails today. One from Ellen Wetherbee-McDevitt. Dear Mr. Strough and Members of the Queensbury Town Board: I am writing in response to Proposed Resolution 2.1, which amend Local Law Number 7, concerning parking regulations on Cleverdale Road. I am on the Board of Trustees for Lakeside Chapel, which is located on the east side of Cleverdale Road, close to the northern tip of the point. I would like to express my concern about amendments to parking regulations that may affect people attending Sunday services and other related church events. It is important that people are permitted to park within walking distance to the church, thereby making it essential that parking be allowed along the east side of the Cleverdale Road for all church related services. Over four generations of Cleverdale and surrounding residents have participated in services at the Lakeside Chapel. It has provided people with a deep sense of community and spiritual satisfaction. If parking becomes limited for church events, it will have a significantly deleterious effect on people's ability to attend. I thank you and other member of the Queensbury Town Board for your considerations. Ellen Wetherbee-McDevitt John: This message is intended for both you and Town Board members. I regret that I will be unable to attend the Town Board meeting on Monday, 8/21/17 due to family considerations, but if I could I would express my profound reservations about the Board's resolution to alter parking provisions on Cleverdale Road and thereby impact accessibility of those who wish to attend Lakeside Chapel, which I am a Trustee. I realize that "emergency services"no doubt trumps all considerations and bears an imprint that is virtually sacred. However, it is indeed curious that parking regulations which for decades have been totally and flagrantly ignored with impunity suddenly require surgery, much to the detriment of an institution which has tried to serve the greater Cleverdale community and its citizens for nearly a century while being a good citizen to all. It is indeed unfortunate that we learned, purely by coincidence , of this measure yesterday (8/20/17) and that no Chapel representative was ever contacted or given the opportunity to interact with respect to the challenges this new restrictive action will pose for the Chapel (and those who elect to attend its services). From my own purely personal perspective (not as a Trustee), this is a classic example of governmental overreach and over-reaction to the concerns of citizens, after years of total indifference to an earlier enacted and ineffective legislative act. Thanks for whatever consideration and attention this engenders. Bill Wetherbee PUBLIC HEARING TO REMAIN OPEN REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 363 SUPERVISOR STROUGH-I am going to leave the public hearing opened. What do you think Tony we will do some more homework. COUNCILMAN METIVIER-Absolutely. SUPERVISOR STROUGH-We will try and get the firemen involved. There are ideas out there. Mr. Young, Mrs. Tarrant, Mr. Sherry, you know we will meet with them. I am thinking of going up Sunday myself. I appreciate the public's input. Hopefully we will come up with something that will be satisfactory. You are never going to make everybody happy, but maybe we can make most people happy. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT—3 MINUTES) GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke to the Board regarding the following Resolutions. Resolution Authorizing Hiring of Tyson Converse as Full-Time Laborer for Town Water Department. Resolution Authorizing Highway Department to Outsource Paving to Peckham Road Corporation. Resolution Authorizing Hiring of Diana Tallon as Temporary Part- Time Confidential Administrative Assistant to Town Highway Department. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR TRAFFIC SIGNAL UPGRADES AT INTERSECTION OF BAY ROAD WITH BAYBRIDGE DRIVE AND WILLOWBROOK ROAD RESOLUTION NO.: 235,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 15,2017, the Queensbury Town Board authorized establishment of Traffic Signal Capital Project Fund 9215 providing for the installation and upgrading of Town traffic signals in the Town of Queensbury(Project), and WHEREAS, by such Resolution, the Town Board also engaged the services of Barton & Loguidice, P.C. (B&L) for initiating construction bid documents and construction observation services for traffic signal upgrades at the intersection of Bay Road with Baybridge Drive and Willowbrook Road, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid 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 traffic signal upgrades at the intersection of Bay Road with Baybridge Drive and Willowbrook Road, in accordance with bid documents to be prepared by Barton& Loguidice, P.C. (B&L), in the official newspaper for the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 364 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 21"day of August,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES None ABSENT:Mr.Irish RESOLUTION AUTHORIZING HIRING OF TYSON CONVERSE AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.236,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Water Superintendent has advised the Queensbury Town Board that there is currently a vacancy in a full-time Laborer position in the Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted availability for the position, and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Tyson Converse as the full-time Laborer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Tyson Converse as a full-time Laborer in the Town's Water Department effective on or about August 22"d, 2017 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Mr. Converse's successful completion of a 26 week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Converse shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21s`day of August,2017 by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 365 NOES : None ABSENT: Mr.Irish RESOLUTION AUTHORIZING RENEWAL OF SHARED SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION RESOLUTION NO. 237,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously entered into a Shared Services Agreement with the New York State Department of Transportation (DOT), providing for an effective mechanism that allows DOT or the Town to provide assistance in the absence of a Governor's Emergency Declaration for services or materials valued at less than $10,000, and WHEREAS, the Town Board wishes to authorize the renewal of such Agreement substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the renewal of the Shared Services Agreement with the New York State Department of Transportation (DOT) substantially in the form presented at this meeting, for a four (4) year term, with the effective date of the Agreement commencing on the date that the NYS DOT Regional Director of Operations executes and dates the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or the Town Highway Superintendent to execute such Shared Services Agreement Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21s`day of August,2017 by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES :None ABSENT:Mr.Irish RESOLUTION AUTHORIZING AWARD OF BID FOR TRAFFIC SIGNAL UPGRADES AT INTERSECTION OF AVIATION ROAD AND QUEENSBURY UNION FREE SCHOOL DISTRICT MAIN ENTRANCE RESOLUTION NO. 238,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 366 WHEREAS, by Resolution No.: 15,2017, the Queensbury Town Board authorized establishment of Traffic Signal Capital Project Fund 9215 providing for the installation and upgrading of Town traffic signals in the Town of Queensbury, and WHEREAS, Barton & Loguidice, P.C., (B&L) has been engaged for initiating construction bid documents and construction observation services for traffic signal upgrades at the intersection of Aviation Road and the Queensbury Union Free School District Main Entrance (Project), and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids 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,by Resolution No.: 222.2017, the Town Board authorized an advertisement for bids for the Project consistent with specifications prepared by B&L, and WHEREAS, on August 16'h, 2017, the Town duly received and opened all bids, and WHEREAS, the Town Budget Officer and B&L have recommended that the Town Board authorize the bid award for the Project to the lowest responsible bidder, Stilsing Electric, for an amount not to exceed $37,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the traffic signal upgrades at the intersection of Aviation Road and the Queensbury Union Free School District Main Entrance (Project) from the lowest responsible bidder, Stilsing Electric, for an amount not to exceed $37,500, to be paid for from Capital Project Fund 9215, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation, including any needed Agreement between the Town and Stilsing Electric in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Budget Officer, Purchasing Agent and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of August, 2017,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Brewer NOES None ABSENT: Mr. Irish RESOLUTION APPROVING AUDIT OF BILLS - REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 367 WARRANT OF AUGUST 22ND, 2017 RESOLUTION NO.: 239,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of August 17`h,2017 and a payment date of August 22nd,2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of August 17d',2017 and a payment date of August 22nd,2017 totaling$436,308.15, 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 21s`day of August,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES None ABSENT :Mr.Irish RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH BUCKS TAVERN, LLC RESOLUTION NO.: 240,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Bucks Tavern, LLC wishes to open Bucks Tavern to be located at 1300 State Route 9, Queensbury, New York and has applied for a liquor license, and WHEREAS, Bucks Tavern, LLC has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of such liquor license, and REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 368 WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before such liquor license is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued to Bucks Tavern, LLC and that the Town Board has no objection to such license, 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 2IS`day of August,2017 by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO OUTSOURCE PAVING TO PECKHAM ROAD CORPORATION RESOLUTION NO.: 241,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to outsource paving in the Town of Queensbury, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with Warren County Bid 91-17, Heavy Highway Construction, for Paving within the Town of Queensbury, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Town has already budgeted $300,000.00 for Revenue and Expenses in the appropriate accounts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's request to outsource paving in the amount of$307,097.27 from Peckham Road Corporation to be paid from Chips Capital Construction, Account No.: 004-5112-2899, and REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 369 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes budget amendments increasing Highway's Revenue Account No.: 004-0000-53501 CHIPS and Highway's Expense Account No.: 004- 5112-2899 by $58,945.00 per New York State DOT Chips Capital Apportionment Balances for 2017-18, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of August,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES None ABSENT: Mr.Irish RESOLUTION AUTHORIZING HIRING OF DIANA TALLON AS TEMPORARY PART-TIME CONFIDENTIAL ADMINISTRATIVE ASSISTANT IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 242,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury Highway Superintendent has requested Town Board authorization to hire Diana Tallon on a temporary part-time basis to fill the now vacant position of Confidential Administrative Assistant, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Diana Tallon on a temporary part-time basis as Confidential Administrative Assistant in the Town Highway Department effective on or about August 22, 2017 at the rate of$20.00 per hour, not to exceed 30 hours per week, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21s`day of August,2017,by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 370 NOES : None ABSENT: Mr.Irish RESOLUTION AFFIRMING ADOPTION OF WARREN COUNTY PRE- DISASTER MULTIJURISDICTIONAL HAZARD MITIGATION PLAN RESOLUTION NO.243,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 89,2011, the Queensbury Town Board adopted the Warren County Pre-Disaster Multijurisdictional Hazard Mitigation Plan (Plan) as this jurisdiction's Natural Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000, and WHEREAS, the Town Board has reviewed the Plan and affirms that it will be updated no less than every five (5) years, and WHEREAS, the Town Board wishes to reaffirm its adoption of the Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms its adoption of the Warren County Pre-Disaster Multijurisdictional Hazard Mitigation Plan as this jurisdiction's Natural Hazard Mitigation Plan and resolves to execute the actions in the Plan, and BE IT FURTHER, RESOLVED, that the Town Board further affirms that the Plan will be updated no less than every five (5) years, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to deliver a certified copy of this Resolution to the Town Highway Superintendent, Facilities Manager and Town Safety Officer/Fire Marshal, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to take any actions needed to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 371 Duly adopted this 21"day of August,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Brewer NOES None ABSENT: Mr.Irish 5.0 CORRESPONDENCE NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES) TRAVIS WHITEHEAD-Questioned the Board if it would be beneficial for the Town to have the Town Highway Department take over the snowplowing for some of the County roads noting it has been beneficial to other Towns. RACHEL SEEBER, QUEENSBURY-Spoketo the Board regarding lawn signs asked if this issue will be put back on the workshop agenda. KATHERINE ATHERDEN, QUEENSBURY-Member of the Tri County New York Transition Group. Spoke to the Board a few weeks ago thanking them for being involved in the creation of the Queensbury Clean Energy Committee. Spoke to the Board on how the Tri County New York Transition Group was created. GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-Asked the Board if they will be replacing Councilman Irish before the end of the year. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER (WARD IV) —NOTHING TO REPORT COUNCILMAN CLEMENTS (WARD III) —NOTHING TO REPORT COUNCILMAN METIVIER (WARD ONE) • Spoke regarding an editorial that Don Lehman wrote regarding a tragic accident that occurred on Route 149. Thanked the Bay Ridge Fire Department and Mellon Family for their quick response to the accident. The Town is very fortunate that we have all the volunteer Fireman and EMS people that we do they do a great job. SUPERVISOR STROUGH • Received a thank you card regarding a donation he made to Meghan Siergiey who is trying to raise enough money to participate in the Thanksgiving Macy's Day Parade. • The Ridge Road Transfer Station Site has plenty of woodchips available to the public. • Spoke regarding complaints received regarding the vandalism that has been occurring at the Feeder Canal Park on Richardson Street. • Received a thank you letter from Ann Kokosa regarding the Highway Department's clean up after the big storm. • Glens Falls Symphony thanked the Town Board and Town for their support. • Tuesday, August 29th, 2017 from 1:00 p.m. to 3:00 p.m. they are looking for citizens who want to help out regarding the stream cleanup of Halfway Brook. • Supervisors Report to the Board and the Community. REGULAR TOWN BOARD MEETING, 08-21-2017, MTG#25 372 • Thanked Look TV and sponsors Storedtech. RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO. 244, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21St day of August, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Brewer, Mr. Strough NOES: None ABSENT:Mr. Irish Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN A. O'BRIEN, DEPUTY TOWN CLERK I