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1999-05-03 REGULAR TOWN BOARD MEETING MAY 3,1999 7:00 P.M. MTG#9 RES#147-167 B.H. 17-22 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER BEN PRATT TOWN OFFICIALS HIGHWAY SUPERINTENDENT, P AUL NAYLOR WATER SUPERINTENDENT, RALPH VAN DUSEN DIRECTOR OF WASTEWATER, MIKE SHAW EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND DIRECTOR OF BUILDING AND CODES, DAVE HATIN CONTROLLER, HENRY HESS WARREN COUNTY SUPERVISORS DENNIS BROWER PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 147.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish 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 3rd day of May, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone BOARD OF HEALTH PUBLIC HEARINGS SANITARY SEW AGE DISPOSAL VARIANCE IRENE MORGAN OPENED 7:01 P.M. NOTICE SHOWN PRESENT: MRS. MORGAN SUPERVISOR CHAMPAGNE-Do you want to tell us a little bit about what you are asking for. I understand it is eight six feet from a well. MRS. MORGAN-From my own well. SUPERVISOR CHAMPAGNE-From her well as required by a hundred foot setback that's the only one you are seeking is that correct? MRS. MORGAN-That's right. SUPERVISOR CHAMPAGNE-Anyone here speaking against this request? Comments from the board? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-Everybody all set with it? Are we ready to move forward? COUNCILMAN MERRILL-I see no problem with it Fred having reviewed the plans. COUNCILMAN TUCKER-I just asked Dave if he was agreeable and he is. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE FOR IRENE MORGAN RESOLUTION NO.: 17.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Irene Morgan previously filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant a variance for her new septic system to be located eighty-six feet (86') from her well in lieu of the required one-hundred feet (100') setback on property located at 8 Reardon Road Extension, 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 request on May 3rd, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted 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 Town of Queensbury Local Board of Health hereby approves the application of Irene Morgan for a variance from the Sewage Disposal Ordinance to allow her septic system to be located eighty-six feet (86') from her well in lieu of the required one-hundred feet (100') setback on property situated at 8 Reardon Road Extension, Queensbury and bearing Tax Map No.: 44-2-25. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING CLOSED SANITARY SEW AGE DISPOSAL VARIANCE MARK SPRINGER OPENED 7:05 P.M. NOTICE SHOWN PRESENT: MR. SPRINGER, AGENT JIM VARANO SUPERVISOR CHAMPAGNE-Mark do you want to tell us a little bit about what you are intending to do? MR. SPRINGER-I believe you have a copy of the sketch of what we are proposing in front of you. Essentially on the second story of the building we are proposing to open up the roofto an area that is currently being used as, I call it storage, because of the pitch of the roof that particular floor space isn't really what you would consider to be living space. It is about a third of the actual floor space on the second story on that particular side. We are just proposing to raise the roof about a foot and then make the angle because the pitch of the roof is such that you could actually walk in there what we really need is a little elbow room. COUNCILMAN IRISH-How many additional square feet will you be adding to it? MR. SPRINGER-I'm at a little disadvantage my contractor isn't here he was suppose to be here at seven. I don't have that number in front of me. COUNCILMAN IRISH-You are not moving the roofto create additional living space? MR. SPRINGER-Do you have a copy of this . (Offmic, Mr. Springer explained to Councilman Irish his plans). COUNCILMAN MERRILL-Mark it is probably not fair if your developer isn't here, your engineer, but I do have a question about the two seepage pits. The absorptive area that you figured was for each individual pit by itself. The two pits are next to each other on the two walls that abut each other there is not really absorptive area there. I think your effective absorptive area is somewhat less than you've shown in the drawing. MR. SPRINGER-I couldn't answer that question. We had a civil engineer come out to take a look at it they dug it up and got the measurements that's how we got the back to back pit description that you probably have in front of you. COUNCILMAN MERRILL-But, you don't have the separation distance between them so your effective area is really about seventy percent of what's required by code. MR. SPRINGER-Okay. COUNCILMAN IRISH-And that's existing now? COUNCILMAN MERRILL-Existing. COUNCILMAN IRISH-You are not adding any additional bedroom or bathroom or anything like that right? MR. SPRINGER-Not at all. COUNCILMAN IRISH-Just raising the roofto make more room in the area that's already there? MR. SPRINGER-Correct. There is no plumbing involved at all. COUNCILMAN MERRILL-I do have some concerns about this Mark because several years ago the Comprehensive Land Use Committee took a hard look at the septic systems in the Rockhurst area specifically. There was concern about any impact that any addition would have on the systems. In this case this is highly non-compliant as you know. The concern is any increase in house area could have heavier loading on the system and lead to premature failure because a non-standard system is more subject to failure than a standard or a system that's to compliance so we are concerned about that. If this system should fail I think you are going to have a very major problem even putting in holding tanks here because it is a tight lot as you know. But, that's the reasoning behind it any expansion of any type could lead to heavier loading on the system. MR. SPRINGER-I just like to point out that the square footage we're attempting to add isn't for additional people it is only my wife and I we have no children. We're just looking to get a little bit more elbow room. Currently upstairs we have a couch, a loveseat, recliner, and end table and a floor model television in that area that's there now. It is a little difficult to actually recline in the recliner all we're just trying to do is open it up a little bit it's not like we're going to put more people or more beds the house already has two bedrooms. COUNCILMAN MERRILL-But, the concern is what could happen to the space at some future time. It could be converted to bedrooms, it could increase the septic loading this is a difficult situation, I know. I think the other thing is a fairness issue here. There have been a number of individuals who have brought their systems into compliance voluntarily before expansion. I do know of others who have not expanded even though they would like to because they know they cannot bring a system into compliance. I think we need to be consistent in how we apply the code. I guess, I would like to get Dave's opinion on this too. DIRECTOR OF BUILDING & CODES, MR. HATIN-I don't know if! understand your question could you clarify it a little bit? COUNCILMAN MERRILL-I've guess you've looked at this do you recommend allowing this variance or not? DIRECTOR OF BUILDING AND CODES, MR. HATIN-I have to say the property is only seventy feet deep obviously you can't fit any conforming septic system on the property. A holding tank most likely would be the replacement for this system if it does fail. There is just no room to expand the existing system or even make it compliant. SUPERVISOR CHAMPAGNE-I guess that was going to be my question. What else would you do with it? DIRECTOR OF BUILDING AND CODES, MR. HATIN-The depth of the property I believe if! remember right from looking at the map last week is seventy feet at its farthest point. You have the road right there so there is no room to expand. It most likely would be a holding tank situation I would think when it does fail. COUNCILMAN IRISH-Is that a retaining wall off the back with the stairs that go down? So you wouldn't be able to put anything over in there as far as any additional seepage pits? COUNCILMAN MERRILL-It is to close to the lake. DIRECTOR OF BUILDING AND CODES, MR. HATIN-The one thing we didn't get from the engineer when the engineer looked at it we got no report as to the condition of the system as it sits there either all we got was the size and the location that was it. COUNCILMAN IRISH-Maybe we should have them check the condition of the existing pit before........ You hate to grant a variance if the pit is failing anytime soon. By the same token if it is in good shape doesn't pose a problem for the future anytime soon maybe we would like somebody to take a look at that. COUNCILMAN MERRILL-We had a question about the absorptive area apparently it was calculated for each pit separately, but the two pits abut each other so I think your affected area is less than you've shown on the drawing. Your seepage pit should be separated by I think probably up to thirty feet in this case. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Three times the diameter. AGENT, MR. VARANO-They are end to end they are not side to side. COUNCILMAN MERRILL-They are end to end so that reduces the effective absorptive area right? AGENT, MR. V ARANO-I don't know I'm not an engineer. According to the engineer that looked at it he said it seemed to be fine. COUNCILMAN TUCKER-When was this done? AGENT, MR. VARANO-When? SUPERVISOR CHAMPAGNE-ApriI3rd, according to this date on McCormack's plan. AGENT, MR. VARANO-He checked the soils as well. COUNCILMAN MERRILL-I do have a problem with the calculation as shown. Has anybody checked the condition of the pits? AGENT, MR. V ARANO-Oh, yeah we had them opened. COUNCILMAN MERRILL-And? AGENT, MR. VARANO-They are in good condition. One of them was broke last year from a concrete truck and it has been replaced, but that's only the top. The sidewalls were in good condition and that's the important part. COUNCILMAN MERRILL-Any idea of the age of the system? AGENT, MR. V ARANO- That's a tough one. I'm a mason and I can see the actual concrete it's in good shape. It is not depulverized or deteriorated or anything like that it is in pretty good shape. COUNCILMAN MERRILL-Cast system or cement block layout? AGENT, MR. VARANO-Cast. The other ones the seepage pits are block they are CMU's they are not cinder block so they are concrete units. COUNCILMAN MERRILL-Have you checked the seepage pits? AGENT, MR. VARANO-Yes, I have that's the ones I'm talking about. COUNCILMA N MERRILL-Okay. AGENT, MR. VARANO-The other one is a full concrete unit. COUNCILMAN MERRILL-Full concrete. AGENT, MR. VARANO-The soils around it according to Mr. McCormack were good percolating soils. . . . . we dug down to the bottom. SUPERVISOR CHAMPAGNE-So we are starting out with what is existing two hundred and eight square feet of seepage. The code calls for two hundred and fifty in that type of soil is that correct Dave? COUNCILMAN MERRILL-Fred I come up with a hundred and seven six effective. DIRECTOR OF BUILDING AND CODES, MR. HATIN-That absorptive area is basically the open area that goes in the pit. It doesn't take into consideration the... . around it. COUNCILMAN MERRILL-The effectiveness of the two pits together is not the same as two separate ones. SUPERVISOR CHAMPAGNE-Are they right tight? DIRECTOR OF BUILDING AND CODES, MR. HATIN-You would lose the absorptive area beyond.... AGENT, MR. V ARANO- That four foot section. COUNCILMAN IRISH-Is there four feet between them? AGENT, MR. VARANO-They are four feet wide and they are about a foot apart. Overall there is a spanning of! think seventeen foot the distance between the two. COUNCILMAN MERRILL-They are not effective in that area. It's not as if you had a thirty foot separation. AGENT, MR. VARANO-Yes, four feet of it. COUNCILMAN IRISH-They are not leaching between the two tanks they are connected between the two tanks or are they actually leaching out from the ends of both tanks? AGENT, MR. VARANO-There is a wall in between thern. COUNCILMAN IRISH-So you've got them connected so that they don't leach between the two tanks. AGENT, MR. V ARANO- That's correct. They are like this right next to each other. COUNCILMAN MERRILL-So it is like one big tank. AGENT, MR. V ARANO- That's exactly what its like. COUNCILMAN MERRILL-So you end up with about a hundred and seventy six square feet and that's about seventy percent of what's required by code. I think the other aspect here is I think the camp now is twenty three percent for the land use area, it occupies twenty three percent of the square footage. Again, the zoning code limits it to twenty two percent so we're expanding beyond what is allowed by the zoning code. AGENT, MR. VARANO-Actually what we're doing here is just lifting one dormer. COUNCILMAN MERRILL-I recognize what you are doing. Any expansion could in the future lead to more use, could be bedrooms for kids who knows what. My concern is premature failure of the system. Also consistent application of the code because as I pointed out earlier other applicants have voluntarily brought their system into compliance when they could. I do know of instances where people are not expanding because they can't. I really have a problem here in that area with the density, I am very familiar with the area. AGENT, MR. VARANO-It's a two bedroom right now. COUNCILMAN MERRILL-By opening up the upstairs it could be expanded at a future time to more bedrooms. AGENT, MR. VARANO-That room is opened it is considered..... MR. SPRINGER-Two thirds of it is already opened. SUPERVISOR CHAMPAGNE-Is that now the second bedroom that were talking about? MR. SPRINGER-No, I refer to it as a den. AGENT, MR. V ARANO-It'sjust that there is not enough head room in there yet. What would determine it to be a bedroom would be a closet and there is no closet in there or in the plans. This is just giving somebody a little bit more headroom than the top of the stairs. SUPERVISOR CHAMPAGNE-How large a room is that what is the square footage of that room? AGENT, MR. V ARANO-Offthe top of my head I'm going to say about a hundred and fifty square feet. COUNCILMAN IRISH-How much additional area do you gain by going up with the roof square footage? AGENT, MR. VARANO-It would be a hundred and fifty square feet. Actually you can over it but it starts to pitch straight out and you can't really walk in that area so it goes up it's a lofted ceiling. COUNCILMAN IRISH-How much additional... .... AGENT, MR. VARANO-Floor space. COUNCILMAN IRISH-Let me put it another way. You are not going to gain any additional floor space by raising that up that you can't use right now is that correct? AGENT, MR. VARANO-That's correct. SUPERVISOR CHAMPAGNE-It is not a very convenient room to function in right. COUNCILMAN MERRILL-The present floor area ratio is twenty three percent I don't know if that includes that area or not. AGENT, MR. VARANO-Yeah, it does. COUNCILMAN MERRILL-It does. SUPERVISOR CHAMPAGNE-Dave have we issued variances in the past where this type of situation has arisen? DIRECTOR OF BUILDING & CODES, MR. HATIN-No. SUPERVISOR CHAMPAGNE-It's a variance that is very uncommon. It's pretty standard procedures and we held fairly tight to any expansion up goes the septic system. DIRECTOR OF BUILDING & CODES, MR. HATIN-The reason for this whole variance is the Zoning Ordinance which requires now that you upgrade your septic system when you increase floor area or living space that's what triggered this. You used to come to the Zoning Board for a variance from that section there since been a change in the way that's this is done now it is sent to the Town Board the Zoning Board has asked it to be sent to the Town Board under the Board of Health action. What they are asking you to do basically is maintain the existing system in contrary to the provisions in the Zoning Ordinance. That's what triggered it to come here. Typically before that change in the Zoning Code this wouldn't have come to the board so this in the first one actually. COUNCILMAN TUCKER-What has the ZBA been doing with them? DIRECTOR OF BUILDING & CODES, MR. HATIN-They've only had one go to them right Chris? EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, MR. ROUND-They've had several it still requires a dual review both by ZBA and Town Board. It is still a relief from the Town Board of Health in granting the relief. Has one similar from this been granted it's tough to say they are all unique. COUNCILMAN TUCKER-Did I misunderstand you, you said it didn't used to work this way or what? DIRECTOR OF BUILDING AND CODES, MR. HATIN-No. There was one I know of that went to the Zoning Board for a request for a variance from the section of the Zoning Ordinance, but this section is also in the Sanitary Sewage Ordinance so the Zoning Board has requested the Town Board to issue these type variances not the Zoning Board because they deal with the board of health issues. COUNCILMAN MERRILL-We're in new ground. We do have to recognize we're in the critical environmental area that septic's are very critical here because of the spacing to the lake it is drinking water that's a very sensitive area. I'mjust concerned about any additional loading that might occur on those pits leading to failure. COUNCILMAN TUCKER-Are they increasing the square footage Dick? COUNCILMAN MERRILL-They are increasing the usable area. SUPERVISOR CHAMPAGNE-They are improving really the interior space if you will of what's there currently by giving it more head room that's really all you are doing the square footage remains the same it's just a matter of more functional space. COUNCILMAN TUCKER-No additional plumbing or nothing? MR. SPRINGER-No. SUPERVISOR CHAMPAGNE-No plumbing. Anything more you want to add any more comments from the public. MR. SPRINGER-I just add one final note. I know you mentioned that others have volunteered to upgrade their system and I certainly would do so as well, but I don't know where I could go with it. SUPERVISOR CHAMPAGNE-I think we see that very clearly you are kind oflocked in. COUNCILMAN TURNER-Could we get a stipulation from you relative to the upper floor that it would never be used for a bedroom? MR. SPRINGER-Absolutely. COUNCILMAN TURNER-We would want that in writing. COUNCILMAN MERRILL-For storage or for living, but not for bedroom. MR. SPRINGER-Absolutely. COUNCILMAN TUCKER-Are you comfortable with that Dick? COUNCILMAN MERRILL-Yeah. I've shared my concern and I think you are concerned as much as the rest of us. COUNCILMAN TURNER-He is pretty limited as to what he can do. If we can get a stipulation from him with that then you can take care of it. The stipulation goes with the land. MR. SPRINGER-That's fine. COUNCILMAN IRISH-Do you want a deed restriction on it. COUNCILMAN TURNER-I want something a stipulation signed by him and sent to the Town as far as the vanance. COUNCILMAN MERRILL-Our concern isn't with you Mark, but when you sell it and somebody moves in with fifteen kids. MR. SPRINGER-I understand. I'mjust as concerned about the lake as everyone else is. COUNCILMAN IRISH-The Town can't enforce that though that's civil litigation. COUNCILMAN TURNER-That's refer to Mark. TOWN COUNSEL, MR. SCHACHNER-Generally correct except that in this case since the reason for the deed restriction would be in fact a condition of the Town granting a variance what I would suggest is that if you in fact make a motion to approve this that the condition be submitted in writing the condition that the upper floor will not be used as a bedroom and a deed restriction in a form acceptable to Town Counsel we will make sure that it is enforceable by the Town. COUNCILMAN MERRILL-Okay. SUPERVISOR CHAMPAGNE-That satisfies you Mark? MR. SPRINGER-Sure. SUPERVISOR CHAMPAGNE-Anything more? DEPUTY CLERK, O'BRIEN-I have two letters to read. This letter is from Helen Noonan and she lives at 66 Rockhurst Road. With reference to the application by Mark Springer for a septic variance for his property located at Rockhurst Point, Lake George, this letter is to advise you that I have absolutely no objection to his application. Thank you, Helen S. Noonan Dr. and Mrs. Henry Nagamatsu: To Whom It May Concern: As property owners since 1960 on Rockhurst, Lake George, we feel that everyone should be required to adhere to septic tank requirements of the Town Code. Sincerely, Henry & Emily Nagamatsu SUPERVISOR CHAMPAGNE-Anything more from board members? PUBLIC HEARING CLOSED 7:28 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE FOR MARK SPRINGER RESOLUTION NO.: 18.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Mark Springer previously filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant a variance to allow continuance of the use of the existing septic system instead of upgrading the system as required by Town Code (136-12 on property situated at Rockhurst Point, Lake George 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 request on May 3rd, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted 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 condition be submitted in writing the condition that the upper floor will not be used as a bedroom and in a deed restriction in a form acceptable to Town Counsel, and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Mark Springer for a variance from the Sewage Disposal Ordinance to allow continuance of the use of the existing septic system instead of upgrading the system as required by Town Code (136-12, on property situated at Rockhurst Point, Lake George in the Town of Queensbury and bearing Tax Map No.: 15-1-44. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-We still have to put in for the stipulation. COUNCILMAN IRISH-I move that we approve the sewage disposal variance for Mark Springer with the stipulation that he provide Town Counsel with a deed restriction stating that the area being approved will not be used for a bedroom and will only be used as living space. COUNCILMAN TURNER-And will never be sold and never be utilized forever, right now because when he gets ready to sell it he is going to sell it and the other guy is going to walk in there that set up restrictions has got to cover the guy that is going to buy the property. COUNCILMAN IRISH-An acceptable deed restriction as submitted to the Town Counsel. COUNCILMAN MERRILL-Sound fair Mark? MR. SPRINGER-Will someone provide me with some formal ofletter of what I just agreed to. DEPUTY CLERK, O'BRIEN-I will send you a certified copy of the resolution. SANITARY SEW AGE DISPOSAL ORDINANCE MAY SUPPLY OPENED NOTICE SHOWN AGENT IVAN BELL-IBS SEPTIC SUPERVISOR CHAMPAGNE-We'll open the public hearing on the May Supply sewage disposal. Anyone here to speak for or against, yes sir. COUNCILMAN MERRILL-You are installing a new septic system to code right? MR. BELL-As far as I know the only thing we need the variance for was crossing the water... .from the lake. It is going to come on the far left hand side of the property so we only need to cross it one time. COUNCILMAN MERRILL-This one I don't have any problem with. SUPERVISOR CHAMPAGNE-And you are going to be within ten feet right? MR. BELL-Yep. COUNCILMAN IRISH-Of the water line not a well right? MR. BELL-Right of the water line not a well. COUNCILMAN TURNER-The water line from the lake copper? MR. BELL-To be honest with you I'm not sure what the material of the water line is coming from the lake. I assume it is probably poly not copper. SUPERVISOR CHAMPAGNE-The only one that would have a complaint would be the owner if something broke. I have to be honest with you when I first read this people run sewer lines over and above water lines all the time, but then I learned that this was suction and not force pump I guess there would be a difference if the line broke. COUNCILMAN TURNER-That's what I'm thinking. MR. BELL-It will be heavy wall pipe. SUPERVISOR CHAMPAGNE-Anything from the public? KATHLEEN SALVADOR-Just a question. We were at the ZBA meeting when this particular septic came up and you said that the water supply is suction. I think they said at that meeting that the pump is inside the house and Mr. Merrill doesn't see a problem with that. COUNCILMAN MERRILL-I see a pump house down by the boathouse. MRS. SALVADOR-But, it is a suction system not a forced system. It has got to be forced otherwise there could be a problem there. There could be negative pressure and it could containment the water if it's not forced. COUNCILMAN MERRILL-It is forced. MRS. SAL V ADOR- They just said it was suction not forced. COUNCILMAN MERRILL-I'm sorry what I was looking at there is a pump house down by the dock so I was assuming it was forced. MR. BELL-You were thinking the pump was up in the house. COUNCILMAN MERRILL-If it's up in the house it's suction. MR. BELL-To be honest with you I'm not sure where the pump is if it's down by the lake or by the house. COUNCILMAN MERRILL-It is shown right by the boathouse. DIRECTOR OF BUILDING AND CODES, MR. HATIN-IfI could clarify according to the contractor the pump is in the house. SUPERVISOR CHAMPAGNE-It is suction. MRS. SALVADOR-So it's suction not forced. That was my only point I think there could be contamination then. MR. BELL-I think as long as we take the right measures with the sewer line coming out of that bathroom on that side we won't have any problems. It is going to be heavy wall sewer pipe the chances of that breaking. You know if he wants us so we can back fill and sand just to be extra careful with it. SUPERVISOR CHAMPAGNE-Anyone else from the public? PUBLIC HEARING CLOSED 7:30 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE FOR MAY SUPPLY RESOLUTION NO.: 19.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, May Supply previously filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant a variance to allow a leach field to be located ten feet (10') from a water line in lieu of the required one-hundred feet (100') setback on property located at 22 Honeysuckle Lane, Assembly Point, 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 request on May 3rd, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted 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 Town of Queensbury Local Board of Health hereby approves the application of May Supply for a variance from the Sewage Disposal Ordinance to allow a leach field to be located ten feet (10') from a water line in lieu of the required one-hundred feet (100') setback on property situated at 22 Honeysuckle Lane, Assembly Point, Queensbury and bearing Tax Map No.: 8-5-11. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PATRICIA BERRY RESOLUTION NO.: 20.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Patricia Berry has applied to the Local Board of Health for a variance from Chapter 136, Tables 5 & 6, to allow 251 square feet of absorptive area rather than the required 375 square feet on property located at 3 Colonial Court in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 17th, 1999 at 7 :00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the sewage disposal variance application of Patricia Berry concerning property located at 3 Colonial Court in the Town of Queensbury and bearing Tax Map No.: Section 92, Block I, Lot 1.170 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 Ms. Berry's property as required by law. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF FRANCIS KOENIG RESOLUTION NO.: 21. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Francis Koenig has applied to the Local Board of Health for three (3) variances from Chapter 136 as follows: 1. (136-11(B) of the Town Code requires an applicant to obtain a variance for all holding tanks and the applicant has requested a variance to allow a holding tank; 1. The applicant has requested a variance to locate the proposed holding tank thirty feet (30') from the well in lieu of the required fifty feet (50') setback; 1. Although the applicant proposes to install the holding tank below grade as required by (136-11(B)(l8), a variance is requested as the grade will be less than the required fifty feet (50') distance from the radius of the holding tank due to rock ledges; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 17th, 1999 at 7 :00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Francis Koenig's application for three sewage disposal variances concerning his property situated on Hanneford Road, Queensbury and bearing Tax Map No.: Section 19, Block I, Lot 13 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 Mr. Koenig's property as required by law. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Questioned if this was pulled before and this is the reason for this resolution? EXECUTIVE DIRECTOR, MR. ROUND-It is a new application. COUNCILMAN IRISH-Questioned didn't they just receive a letter from the Attorney stating that holding tanks aren't permitted? TOWN COUNSEL, MR. SCHACHNER-No. Had a letter from Dave Hatin go out that said holding tanks are not permitted on year round residences. COUNCILMAN IRISH-Questioned if this is presently year round? DIRECTOR OF BUILDING AND CODES, MR. HATIN-No this is seasonal. COUNCILMAN MERRILL-Questioned if there is a plan to build a new camp? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Believes that plan has been scrapped he will be pulling his application before the Zoning Board he may be coming back for some type of modification to the existing one. COUNCILMAN MERRILL-This is to improve the existing system? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Correct. COUNCILMAN MERRILL-Questioned if they need a variance from distance from a stream bed because there is a stream that flows through there is that required? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Will have to look into this thought they were in compliance with that. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 22. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 3rd day of May, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING VARIANCE CHAPTER 113 OF TOWN CODE REGARDING MOBILE HOME PARK OWNED BY ROBERTA CONVERSE OPENED 7:36 P.M. NOTICE SHOWN ATTORNEY BRUCE CARR REPRESENTING ROBERTA CONVERSE SUPERVISOR CHAMPAGNE-Tell us a little bit about what is going to happen. ATTORNEY BRUCE CARR, FROM FITZGERALD, MORRIS, BAKER AND FIRTH, REPRESENTING ROBERTA CONVERSE-She owns a fifteen acre parcel and on that parcel there is I think a forty nine lot mobile home park that's already been approved by the town many years ago as well as single family homes. At this time she is seeking subdivision separating the mobile home park for the single family home section. The line that is being proposed though does not meet the twenty five foot setback between the last lot for mobile home and the side lot for the adjoining property. COUNCILMAN IRISH-Is it only one lot that is affected on both sides of the property line? ATTORNEY CARR-Yes. COUNCILMAN IRISH-It's not the entire length of the boundary? ATTORNEY CARR-It looks to be about seventy feet she can't make the twenty five it's toward the rear of the property. She will be the adjoining neighbor in this case. We meet all the other setbacks to all the other side lots. We can obtain about eleven and a half feet so we are seeking a variance of thirteen and a half feet. SUPERVISOR CHAMPAGNE-You are saying it is just one lot that is affected by this? ATTORNEY CARR-Yes. If you look at the map in front of you it's just that one lot would be affected. I think the lot if I'm not mistaken is like fifty five feet long, no it's got to be a hundred feet long. COUNCILMAN MERRILL-Could you point it out. MAP PRESENTED TO BOARD COUNCILMAN IRISH-Hey Bruce, these are single family residential right? ATTORNEY CARR-She lives actually right here. Her daughter lives here and her son lives here. COUNCILMAN TUCKER-What is the reason she is asking for the subdivision? ATTORNEY CARR-She is selling the mobile home park. Her husband died this past fall she is selling the park. SUPERVISOR CHAMPAGNE-So up to this point it's all been on one deed? ATTORNEY CARR-It's all been one big fifteen acre parcel. She meets the minimum acreage I think for a mobile home park it's ten this is going to turn out to probably be about ten and a half to eleven acres remaining with the mobile home park and she'll have five acres for the single family homes. COUNCILMAN TUCKER-How do you feel about this Chris? EXECUTIVE DIRECTOR, MR. ROUND-I think it was important to note that the two lots that we're creating the lot that its going to impact is going to be retained by the proposed developer she is going to be impacted by it so that's where the weight lies. ATTORNEY CARR-Just to add to that for future considerations one of the contractual obligations of the purchaser is to put a stockade fence down the line to separate the mobile home park from the single family residences. SUPERVISOR CHAMPAGNE-Anyone from the public care to speak? NO PUBLIC COMMENT SEQRA APPLICATION EXECUTIVE DIRECTOR, MR. ROUND-Will the proposed action result in any physical change to the project site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will there be an effect to any unique or unusual land forms found on the site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will the proposed action affect any water body designated as protected? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will proposed action affect any non-protected existing or new body of water? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will the proposed action affect surface or groundwater quality or quantity? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will proposed action alter drainage flow or patterns, or surface water runoff? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will proposed action affect air quality? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Eight. Will the proposed action affect any threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Nine. Will proposed action substantially affect non-threatened or non-endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Ten. Will the proposed action affect agricultural land resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Eleven. Will proposed action affect aesthetic resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Twelve. Will proposed action impact any site or structure of historic, prehistoric, or palentological importance? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Thirteen. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Fourteen. Will propose action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Fifteen. Will there be an effect to existing transportation systems? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will proposed action affect the community's sources of fuel or energy supply? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Seventeen. Will there be objectionable odors, noise, or vibration as a result of the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Eighteen. Will proposed action affect public health and safety? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Nineteen. Will proposed action affect the character of the existing community? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Twenty. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-You have a negative declaration as part of this resolution? TOWN COUNSEL, MR. SCHACHNER-Can I just add one thing. That is page one of the full environmental assessment form seems to have been erroneously completed to indicate that the Planning Board is the lead agency as opposed to the Town Board. Whoever competed the environmental assessment form should change that to Town of Queensbury Town Board and where it says print or type name of responsible officer and lead agency that should be Fred's name and the title should be Supervisor not Chairman. SUPERVISOR CHAMPAGNE-Okay neg dec motion to accept it. TOWN COUNSEL, MR. SCHACHNER-Actually that is part of your prepared resolution the neg dec is contained right in it. RESOLUTION AUTHORIZING VARIANCE FROM CHAPTER 113 OF TOWN CODE REGARDING MOBILE HOME PARK OWNED BY ROBERTA CONVERSE RESOLUTION NO. 148. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Roberta Converse is seeking subdivision approval from the Town of Queensbury Planning Board to allow separation of her mobile home park located on Warren Lane, Queensbury, New York (Tax Map No.: 121-6-59) from the portion of her property which contains single family homes, and WHEREAS, in accordance with (113-24 of the Queensbury Town Code, Ms. Converse requires a variance from the Town Board before she may obtain subdivision approval as Ms. Converse lacks the twenty-five feet (25') buffer between her mobile home park and her adjacent property as required by (113- 6(A) of the Queensbury Town Code, and WHEREAS, before the Town Board of the Town of Queensbury may grant the requested variance, it must first conduct a public hearing, and WHEREAS, the Town Board duly conducted a public hearing concerning the variance request on May 3rd, 1999, and WHEREAS, the Town Board of the Town of Queensbury, as SEQRA Lead Agency, has reviewed an Environmental Assessment Form to analyze potential environmental impacts of the proposed variance, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area affected by the proposed variance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed variance will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby grants a variance to Roberta Converse to allow separation of her mobile home park located on Warren Lane, Queensbury (Tax Map No.: 121-6-59) from the portion of her property which contains single family homes even though she lacks the required twenty-five feet (25') buffer as required by (1l3-6(A) of the Queensbury Town Code, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to send a certified copy of this Resolution to the Warren County Planning Board, Town of Queensbury Planning Board and any agency involved for SEQRA purposes. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING CLOSED PRESENT A TION C.T. MALE EXTENSION OF WATER DISTRICT JENKINSVILLE, SUNNYSIDE ROAD AREA PRESENT - GARY MALE, MANAGING ENGINEER WITH C.T. MALE ASSOCIATES Presentation made regarding a feasibility study to look at the feasibility of providing water service to the Glen Lake, Sunnyside Lake and Jenkinsville Road areas of the Town. Noted as they ran the cost and determined what the average residents would pay based on typical borrow rates at this time for a twenty year bonding found that in the Glen Lake area the total project would be in excess of five million dollars with an annual cost to the homeowner of one thousand one hundred and fifty two dollars and in Sunnyside Lake area one point nine million dollar project would result in a cost to the homeowner of a thousand dollars a year for the twenty year period. Had their grants person take a look at the State Revolving Loan Fund and Rural Development, which is the former Farmers Home. Recommended that the Town Board take a look at filing a pre-application to Rural Development for the Sunnyside and the Jenkinsville area to get an idea of what type of assistant might be available, noting that at some point in time an Income Survey would be required. Supervisor Champagne noted that they went at this with the understanding that they may have some difficulties with it, but another update never does any harm. Will continue to look at it will seek for some grants if this is possible. Report on file in Town Clerk's Office. CORRESPONDENCE NONE TOWN COUNCILMEN'S COMMITTEE REPORTS COUNCILMAN TURNER-Planning Committee met on April 22, went over list of key issues. Comprehensive plan, open space, land trust, resource management, critical environmental areas, historical open space, transportation, economic development, intermunicipal cooperation, signal coordination, transient merchant law noting topics were discussed in generalities. SUPERVISOR CHAMPAGNE-Noted he still gets calls regarding the signal coordination. COUNCILMAN TURNER-There will be a training school on May 14th. SUPERVISOR CHAMPAGNE-Questioned what will happen after that? EXECUTIVE DIRECTOR, MR. ROUND-That same week hope to get out and have the County work with DOT to change the timings. COUNCILMAN IRISH-Recommended when the Planning Committee meets they advise the Zoning Board Chairman and Planning Board Chairman to get together so that everyone is up to date when you start talking about new regulations or changing something. COUNCILMAN TURNER-Noted he has no problem with it. COUNCILMAN MERRILL-Noted he has no problem with it. SUPERVISOR CHAMPAGNE-Asked Executive Director, Mr. Round to explain the upgrade of the Ordinance. EXECUTIVE DIRECTOR, MR. ROUND-Have received one unsolicited RFP for that project. Finalized recommendations that have come out of the Comprehensive Plan hope to go to an RFP for that purpose to solicit several other prices for that project. Would hope to do this toward the end of the summer. Spoke to the board regarding memo drafted from the Environmental Committee. Meeting was held April 8th noting one is scheduled for May II tho The committee wanted to invite any Town Board member to attend. There are some recommendations that have been forwarded to the committee that came out of the Comprehensive Plan. As a part of housekeeping they are short of membership right now and they wanted to supply you with a list then have you consider that list as well as any other suggestions for membership that you might have. One of the major things that did come out given the change in the City of Glens Falls water supply problems they would recommend a special committee be formed to address the future of the Glens Falls Watershed properties. Will have them forward the list on membership, will have them wait on the action on the watershed properties. SUPERVISOR CHAMPAGNE-Until we meet with Glens Falls to determine what direction they see this going not an awful lot we can do with the watershed property, thinks the lead will have to be taken by the City. OPEN FORUM RESOLUTIONS MR. JOHN STROUGH, QUEENSBURY-Spoke to the board regarding the resolution adopting the FEIS on the Cracker Barrel Old Country Store, noted in the first paragraph it should read 9,462 square feet. Questioned when this was put on the agenda? SUPERVISOR CHAMPAGNE-It was put on the agenda for tonight's meeting on Friday that's standard. MR. STROUGH-Questioned if they are going to set a date for the rezoning tonight? SUPERVISOR CHAMPAGNE-No. MR. STROUGH-Will they have a little bit more notice then setting on Friday? SUPERVISOR CHAMPAGNE-Would expect so. MR. STROUGH-Questioned in resolution 6.7 Resolution authorizing Sale of a Parcel owned by the Town of Queensbury to the owners of Queensbury Plaza is this a result of a bid? SUPERVISOR CHAMPAGNE-Noted the way it works if the Town decides to sell or gift or whatever or if there is an interested party in a piece property that the Town Board agrees is surplus property the procedure would be to get a appraisal from a licensed appraiser or certified appraiser we would use that appraisal as our price for that particular piece of property. MR. STROUGH-Questioned if it was put out to bid? SUPERVISOR CHAMPAGNE-No. COUNCILMAN IRISH-Noted they approached the Town to buy it. MR. STROUGH-Noted would think if it is public property, even do that with a four hundred dollar automobile, thought this should be the same with other public property. SUPERVISOR CHAMPAGNE-By law it is permissible to do the appraisal and sell the property accordingly. COUNCILMAN TUCKER-Noted it has to go to permissive referendum. RESOLUTIONS RESOLUTION ACCEPTING CRACKER BARREL OLD COUNTRY STORES, INC. 'S FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) AND AUTHORIZING NOTICE OF COMPLETION OF FEIS RESOLUTION NO.: 149.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, Cracker Barrel Old Country Stores, Inc. (Cracker Barrel) is seeking approval for a change of zone from the Town of Queensbury Town Board, site plan approval from the Town of Queensbury Planning Board and other approvals from state and local agencies to enable it to construct a new 9,462 square foot restaurant facility on approximately 2.5 acres of a 4.44 acre site located at the corner of Aviation Road and Greenway North, across from the Aviation Mall in Queensbury (the Project), and WHEREAS, on or about October 20th, 1997, the Town Board of the Town of Queensbury adopted a Resolution authorizing the submission of the rezoning request to the Town Planning Board for a report and recommendation, indicating its desire to be designated as SEQRA Lead Agency for environmental review of the proposed project, and authorizing and directing the Executive Director to notify all SEQRA Involved Agencies of the Town Board's desire to be Lead Agency, and WHEREAS, none of the SEQRA Involved Agencies objected to designation of the Town Board as SEQRA Lead Agency and the Town Board issued a SEQRA Positive Declaration requiring Cracker Barrel to prepare an Environmental Impact Statement for the Project, and WHEREAS, Cracker Barrel presented the Town with a Draft Environmental Impact Statement and the DEIS was reviewed by the Town Planning Staff and Town Board, and WHEREAS, in accordance with the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to SEQRA, the Town Board, by Resolution No.: 410.98, accepted the DEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, and WHEREAS, Resolution No. 410.98 also established a public comment period and public hearing date concerning the DEIS to satisfy SEQRA requirements, and a public hearing was held on November 23rd, 1998 and all interested persons were heard, and WHEREAS, Cracker Barrel then presented the Town with a Final Environmental Impact Statement and the FEIS was reviewed by the Town Planning Staff and Town Board, and WHEREAS, the Town Planning Staff and Town Board identified additional information that was needed in order for the FEIS to adequately address issues raised at the public hearing and remaining issues of concern, and WHEREAS, additional correspondence was generated and submitted by Cracker Barrel to be part of the FEIS, such correspondence set forth in the April 27, 1999 letter from Lemery MacKrell, LLC to Christopher Round, and WHEREAS, the FEIS includes discussion of the substantive comments received on the DEIS and responses to those comments, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the Final Environmental Impact Statement (FEIS) submitted by Cracker Barrel Old Country Stores, Inc. presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the Notice of Completion of Final EIS presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to file the Notice of Completion of Final EIS as required by the SEQRA Regulations, and BE IT FURTHER, RESOLVED, that Town Counsel is hereby authorized to approve as to form the required notices and make any necessary additions or modifications to comply with the SEQRA Regulations. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Asked Executive Director, Mr. Round to explain what action they are taking tonight. ATTORNEY BEN PRATT-The action that the board is taking is not an action either approving or denying the zoning change request. Tonight what the board is doing or considering is whether or not to accept the Final Environmental Impact Statement which will provide the basis by identifying all of the issues, controversies, and concerns, the basis for the board making its eventual decision as to whether or not to approve or deny the rezoning. It is a procedural decision primarily tonight rather than a substance decision with respect to the actual action that the board mayor may not take at sometime in the future. No action can be taken within a period of at least ten days if the EIS is accepted tonight as final. RESOLUTION AUTHORIZING TRANSFER FROM RECREATION ASSESSMENT RESERVE FUND #61 TO HUDSON RIVER PARK PROJECT ACCOUNT FOR IMPROVEMENTS AND EQUIPMENT AT HUDSON RIVER PARK RESOLUTION NO.: 150.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury previously established a capital reserve fund for future recreational developments known as the Recreation Assessment Reserve Fund #61 (Fund #61), and WHEREAS, the Town Board wishes to withdraw and expend funds from Fund #61 for specific capital improvements and items of equipment for Hudson River Park, as follows: 1. perimeter and interior roadway fencing; 1. a sand volleyball court; 1. nature/ski trails; 4. fishing access sites; and 5. design and construction services for items I through 4; for a total cost not to exceed $21,000, and WHEREAS, in accordance with ~6(c) of the New York State General Municipal Law, the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the specific capital improvements and items of equipment listed above meet the requirements for which the Recreation Assessment Reserve Fund #61 (Fund #61) was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the transfer of $21,000 from Fund #61 after expiration of the permissive referendum period, such funds to be placed into the Hudson River Park Miscellaneous Account # 107 -7110-4400, and further directs that if any funds are left over after the project is completed or the project is not undertaken, the funds shall be returned to Fund #61, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Board authorizes and directs the Town Clerk to publish and post such notices and take such other actions required by law. Duly adopted this 3rd day of May, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Questioned if this has been recommended by the Recreation Commission? COUNCILMAN TUCKER-Yes. COUNCILMAN MERRILL-Who recommended it? COUNCILMAN TUCKER-Harry drew this up. COUNCILMAN MERRILL-Questioned if Sharon Simmonds recommended this as Chairman of the Commission? COUNCILMAN TUCKER-Yes. COUNCILMAN MERRILL-Questioned if they has quotes or breakdowns by cost? COUNCILMAN TUCKER-No. COUNCILMAN MERRILL-Noted he fully supports what is being done noting they have had a lot of trouble with contractors just want to make sure it's done right. COUNCILMAN TUCKER-No bid has been let out. The $21,000 is coming out of the Recreation Fund there is a thirty days lapse permissive referendum. COUNCILMAN IRISH-Noted asked the committee to put it into one project and do all the planning at the same time. COUNCILMAN HESS-Questioned if this will be subject to the Town purchasing procedures? SUPERVISOR CHAMPAGNE-Correct. RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR EVALUATION OF WATER TANK MAINTENANCE NEEDS, BID PREPARATION AND WORK INSPECTION RESOLUTION NO.: 151. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury Water Superintendent has obtained engineering services proposals to evaluate the Town's water tank maintenance needs, prepare the necessary bid documents and inspect the maintenance work, and WHEREAS, the Water Superintendent received and reviewed proposals and has recommended that the Town Board engage the engineering services of C.T. Male Associates, P.c., for the lowest submitted proposal bid of $34)00, as delineated in c.T. Male's Proposal dated April 23, 1999 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of the services of C. T. Male Associates, P. C. to evaluate the Town of Queensbury's water tank maintenance needs, prepare the necessary bid documents and inspect the maintenance work, such engineering services not to exceed the total amount of $34)00, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of May, 1999, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING PAYMENT TO WARREN COUNTY FOR ENCASEMENT OF TOWN SEWER MAIN LOCATED IN VICINITY OF BIKEWAY BRIDGE TO BE CONSTRUCTED OVER ROUTE 254 RESOLUTION NO. 152. 99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Warren County is in the process of constructing a bikeway bridge over Route 254 (Quaker Road) in the Town of Queensbury, and WHEREAS, a sewer main owned by the Town of Queensbury is located underneath Warren County property in the vicinity of the bridge construction and therefore Warren County has advised the Town that the Town will have to move or protect this sewer main, and WHEREAS, Town and County representatives have met to discuss options concerning the relocation and/or protection of the Town's sewer main, and WHEREAS, the Town's Wastewater Director has recommended that the Town Board choose the option of encasing the Town's existing sewer main with a sleeve to protect it from the additional load of the bridge construction and to allow future repairs, and WHEREAS, Warren County has estimated that the cost to install the sleeve will be approximately $28,000, and WHEREAS, Warren County has requested that the Town authorize this work and then Warren County will pay the contractor and bill the Town of Queensbury for the work, and WHEREAS, the Town Board concurs with the Wastewater Director's recommendation to authorize this work as this solution will allow the Town to protect its sewer main, maintain service to all customers during the entire project and make any necessary repairs without affecting the new bridge, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Warren County to authorize its contractor to encase the Town's sewer main with a sleeve to protect it from the additional load of the new bikeway bridge to be constructed over Route 254 (Quaker Road) in the Town of Queensbury for an amount not to exceed $28,000, to be paid by Warren County and then reimbursed by the Town, and BE IT FURTHER, RESOLVED, that payment for this work shall be made from the Town's Sewer Department Budget, although the Board acknowledges that it may be necessary to transfer money later in the year from the Town's Sewer Fund Balance to the Sewer Department Budget to cover this expense, and BE IT FURTHER, RESOLVED, that Town Board further authorizes and directs the Town Supervisor and/or Director of Wastewater to prepare and execute any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-Noted Warren County has estimated the cost to install the sleeve will be approximately $28,000 has a problem with this. COUNCILMAN IRISH-Questioned if they can say, not to exceed? WATER SUPERINTENDENT, RAPLH VANDUSEN-Not to exceed. RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF HILAND PARK SEWER DISTRICT EXTENSION NO. I RESOLUTION NO. 153. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No. I, and WHEREAS, Adirondack Community College (the Developer) has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by William 1. Levandowski, P.E., ofRist- Frost Associates, P.C., an engineering firm licensed by the State of New York, 333 Glen Street, P.O. Box 838, Glens Falls, New York 12801, regarding the proposed extension to the existing Hiland Park Sewer District to serve Adirondack Community College at its 640 Bay Road location in the Town of Queensbury such area consisting of the parcel or lot identified as Tax Map No.: 60-2-16.1 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, in addition the extension will include a 30' wide sewer easement over the adjacent parcel owned by Family Golf Centers, Inc., such area consisting of the parcel or lot identified as Tax Map No.: 60-2-1, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed sewer extension in accordance with Town Law Article 12A and consolidate the same with the Hiland Park Sewer District in accordance with Town Law, ~206-a, and WHEREAS, the Town Board considered the establishment of the extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a negative declaration concerning environmental impacts, and WHEREAS, the Town Board also adopted a Resolution approving the extension of the District subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision 4, Town ~209-e establishes that no petition was filed requesting a referendum, and WHEREAS, State Comptroller approval is not necessary, and WHEREAS, the Town wishes to adopt a Final Order extending the Hiland Park Sewer District, NOW, THEREFORE, IT IS ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that: I.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient. LAn Agreement between the parties has been executed and filed in the Queensbury Town Clerk's Office; Ut is in the public interest to establish, authorize, and approve the Hiland Park Sewer District Extension No. I to the Hiland Park Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; I.All property and property owners within said extension are benefited thereby; I.All property and property owners benefited are included within the limits of the extension; Un accordance with ~206-a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, ORDERED, that: I.The Hiland Park Sewer District Extension No. I to the Hiland Park Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the Map, Plan and Report and construction of the improvement may proceed and service provided and subject to the following: A. of Health; the obtaining of any necessary permits or approvals from the New York State Department B. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the Hiland Park Sewer District Extension No. I to the Hiland Park Sewer District are as follows: Beginning at a point at the intersection of the easterly boundary of Bay Road with the northerly boundary oflands now or formerly of John M. and Wilma P. Hughes, said boundary also being the northerly boundary of Brookview Acres Subdivision, and running thence from said point of beginning northerly along the said easterly boundary of Bay Road 2,786 +/ - feet to a point in the southerly boundary of lands now or formerly of Harry M. and Mildred W. Covell; thence along the boundary of said lands now or formerly of Harry M. and Mildred W. Covell the following three (3) courses and distances: I) South 83( 52' East 33.5 +/- feet to a point; 2) North 6( 08' East 99.0 feet to a point; and 3) North 83( 52' West 35.5 +/- feet to a point in the aforementioned easterly boundary of Bay Road; thence northerly along the said easterly boundary of Bay Road 90 I +/ - feet to a point in the southerly boundary of lands now or formerly of Marilyn L. Mathias; thence South 83( 49' East 201.37 feet to a point in the westerly boundary oflands now or formerly of David G. and Delores K. Stanton; thence along the boundary of said lands now or formerly of David G. and Delores K. Stanton the following three (3) courses and distances: I) South 6( 08' West 80.65 feet to a point; 2) South 61( 25' East 100.0 feet to a point; and 3) North 6( 08' East 222.18 feet to a point in the southerly boundary of Haviland Road; thence southeasterly along the said southerly boundary of Haviland Road 1,500 +/- feet to a point in the westerly boundary of lands now or formerly of Family Golf Centers, Inc.; thence southerly along the said westerly boundary of lands now or formerly of Family Golf Centers, Inc. the following three (3) courses and distances: I) South 6( 24' West 2,400 +/- feet to point; 2) North 81( 14' West 64.7 feet to a point; and 3) South 5( 36'; West 820.9 feet to a point in the aforementioned northerly boundary of Brookview Acres Subdivision; thence North 81( 40' West along the said northerly boundary of Brookview Acres Subdivision 1,535 +/- feet to the point of beginning. 3. The improvements to be included and made a part of the extension shall be as more specifically set forth in the Map, Plan and Report prepared by William 1. Levandowski, P.E., of Rist-Frost Associates, P.C., and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 1. All proposed construction shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervision; I. The estimated maximum amount proposed to be expended for said improvement will not be greater than $301,500, plus a one time buy-in fee of $1.612 per gallon of average daily flow, which in this case would be $40)00, or a total of $341,800, said amount includes all costs to be paid for the City of Glens Falls Capital Charges and the Municipality's one-time capital connection fee. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Hiland Park Sewer District, for the proposed extension. The areas or properties that comprise the extension however, will be subject to the same cost for operation, maintenance and capital improvements as in the Hiland Park Sewer District. I. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service, will pay the cost for engineering, installation of the sewer pipe, and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Hiland Park Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Hiland Park Sewer District; I. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Hiland Park Sewer District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension; 1. In accordance with Town Law (206-a, all expenses of the Hiland Park Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 1. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Hiland Park Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 1. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and is available for public inspection; and BE IT FURTHER, ORDERED, that the Town Clerk shall cause a certified copy of this Resolution and Order extending the Hiland Park Sewer District and consolidating the extension with the district, to be duly recorded in the Office of the Clerk of the County of Warren, and cause a certified copy of this Resolution to be sent to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None DISCUSSSION HELD BEFORE VOTE: SUPERVISOR CHAMP AGNE- This hooks ACC to the Hiland Park Sewer District noting it will be an improvement to the district. It is only handling now somewhere in the neighborhood twenty plus thousand gallons a day..... DIRECTOR OF WASTEWATER, MR. SHAW -About ten. SUPERVISOR CHAMPAGNE-By hooking in ACC it will increase that by? DIRECTOR OF WASTEWATER, MR. SHAW -Double it. SUPERVISOR CHAMPAGNE-We're able to cut the fees of the O&M to Hiland Park user by? DIRECTOR OF WASTEWATER, MR. SHAW-Forty percent. RESOLUTION AUTHORIZING SEWER EXTENSION AGREEMENT BETWEEN ADIRONDACK COMMUNITY COLLEGE AND TOWN OF QUEENSBURY RESOLUTION NO. 154. 99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 385.98 the Town Board of the Town of Queensbury established, authorized and approved an extension to the Hiland Park Sewer District known as the Hiland Park Sewer District Extension No. I, and WHEREAS, the Town Board authorized this District Extension subject to an executed Agreement between Adirondack Community College and the Town of Queensbury on behalf of the Hiland Park Sewer District, and WHEREAS, a proposed Agreement between Adirondack Community College and the Town has been prepared and presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the Agreement between Adirondack Community College and Town of Queensbury on behalf of the Hiland Park Sewer District and authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SALE OF PARCEL OWNED BY TOWN OF QUEENSBURY TO OWNERSOFQUEENSBURYPLAZA RESOLUTION NO.: 155.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 200.98, authorized an appraisal of a .05 acre (2,178 square feet) parcel of land located adjacent to the Queensbury Plaza at the end of Bank Street, as the parcel is proposed for abandonment as part of a land development proposal previously approved by the Queensbury Planning Board, and WHEREAS, the Town Board has received the appraisal from the Bauer Appraisal Group, Inc., and WHEREAS, the Town Board has analyzed whether the parcel is needed for any Town purpose, and WHEREAS, the Town Board now wishes to authorize the sale of the parcel to the owners of the Queensbury Plaza, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the parcel is not needed for any Town purpose, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the amount of $4,000 is a fair and adequate price for the parcel, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves the sale of the .05 acre (2,178 square feet) parcel ofland located at the end of Bank Street adjacent to the Queensbury Plaza for the amount of $4,000 in accordance with the terms of an agreement in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the sale of the parcel to the owners of the Queensbury Plaza and further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction, including, without limitation, the agreement of sale in form acceptable to Town Counsel, the Deed, the Real Property Transfer Report and the Capital Gains Affidavit, and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall be subject to a permissive referendum in accordance with (64(2) of the Town Law and shall not take effect until such time as provided for Resolutions subject to permissive referendum in Article 7 of the Town Law and the Town Board further authorizes and directs the Town Clerk to post and publish the required notice for Resolutions subject to permissive referendum. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION REFERRING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR AMERICAN LEGEND MOTORCYCLE TRAILERS, INC. TO PLANNING BOARD AND SETTING PUBLIC HEARING RESOLUTION NO.: 156.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, American Legend Motorcycle Trailers, Inc., has applied to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 6th through June 13th, 1999 to display and market motorcycle cargo trailers in the parking lot located at the Adirondack Factory Outlet Center 1444 State Route 9, Queensbury, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board must refer the application to the Town's Planning Board for site plan review as well as conduct its own public hearing concerning the application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to forward American Legend Motorcycle Trailers, Inc. 's application for a Transient Merchant/Transient Merchant Market License to the Queensbury Planning Board for site plan review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be lead agency for SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this designation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby sets a public hearing concerning the application of American Legend Motorcycle Trailers, Inc., for May 17th, 1999 at 7:00 p.rn. in the Queensbury Activities Center, 742 Bay Road and at such public hearing all interested persons shall be heard, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to provide notice of the public hearing to the applicant and owners of property within 500 feet of the applicant's property and publish a notice of public hearing in the official newspaper of the Town a minimum of ten (10) days prior to the hearing. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: EXECUTIVE DIRECTOR, MR. ROUND-Noted this is scheduled for a public hearing on the resolution for May 17th. The Planning Board meets on May 18th noting typically they get a Planning Board recommendation and refers it back to you. Questioned if the board wanted to do this on a contingency basis or wait until the June 7th, Town Board meeting? TOWN BOARD-Contingency. TOWN COUNSEL, SCHACHNER-Noted the existing resolution for setting the public hearing is fine. COUNCILMAN IRISH-Questioned if the transient merchants do they have to pay sales tax? SUPERVISOR CHAMPAGNE-They have to pay sales tax. RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR TERRY ROBBINS ON BEHALF OF DEXTER SHOES RESOLUTION NO.: 157.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Terry Robbins, on behalf of Dexter Shoes, has applied to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 9th through June 12th, 1999 from 9:00 a.m. to 9:00 p.rn., to display 3-wheel conversions for motorcycles in the parking lot located at 1499 State Route 9, Queensbury, and WHEREAS, the Town Board previously forwarded the application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, the Queensbury Planning Board approved this application for a Transient Merchant/Transient Merchant Market License at its April 20th, 1999 meeting, and WHEREAS, the Warren County Planning Board also approved the application, and WHEREAS, the Town Board of the Town of Queensbury wishes to schedule a public hearing on the application as required by Queensbury Town Code Chapter 160, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby sets a public hearing concerning the request for a Transient Merchant/Transient Merchant Market License for Terry Robbins, on behalf of Dexter Shoes on May 17th, 1999 at 7 :00 p.m. in the Queensbury Activities Center, 742 Bay Road and at such public hearing all interested persons shall be heard, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to provide notice of the public hearing to the applicant and owners of property within 500 feet of the applicant's property and publish a notice of public hearing in the official newspaper of the Town a minimum of ten (10) days prior to the hearing. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 158.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the transfer(s) of funds and the amendment(s) of the 1999 Town Budget as follows: CEMETERY: FROM: TO: $ AMOUNT: 02-8810-200 I (Misc. Equipment) 02-1990-1002 (Contingency) 4,000. 02-8810-2899 (Misc. Cap. Const.) 02-1990-1002 (Contingency) 1,000. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None RESOLUTION ELIMINATING $3,000 STIPEND TO TOWN CLERK FOR ACTING AS TOWN PURCHASING AGENT RESOLUTION NO.: 159.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution No.: 13, 1999, the Town Board of the Town of Queensbury re- appointed the Town Clerk as Purchasing Agent for the year 1999 until such time as the Town Board hired a full-time Purchasing Agent, and WHEREAS, the Town Board authorized an annual stipend of $3,000 for the Town Clerk to act as the Town's Purchasing Agent, and WHEREAS, by Resolution No.: 97.99, the Town Board of the Town of Queensbury appointed a new, full-time Purchasing Manager, and therefore it is no longer necessary to pay the $3,000 annual stipend to the Town Clerk to act as Purchasing Agent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to eliminate the balance of the annual $3,000 stipend paid to the Town Clerk to act as Purchasing Agent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ADDITIONAL PAYMENT TO COMPRO FOR PREPARATION OF QUARTERLY TOWN NEWSLETTER RESOLUTION NO. 160.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION MOTION WITHDRAWN SECONDED BY: Mr. Theodore Turner DISCUSSION HELD SUPERVISOR CHAMPAGNE-Explained why the $792.10 was added on to the original cost. In conversation with them after the contract was signed we agreed to upgrade the paper from newsprint to a white copy it is those costs associated with the increase in newsprint to white paper. COUNCILMAN IRISH-Thought they could do that for the bid that they had. SUPERVISOR CHAMPAGNE-Noted that's not what they were asking for in this one. COUNCILMAN MERRILL-Questioned if they has any documentation or just verbal? SUPERVISOR CHAMPAGNE-Verbal. Will be glad to have them come in and discuss it, board in agreement. Motion withdrawn. RESOLUTION DESIGNATING POLLING PLACES RESOLUTION NO. 160. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with New York State Election Law (4-104, the Queensbury Town Board must submit a listing of the Town's polling places for each Election District to the Warren County Board of Elections, and WHEREAS, unless otherwise noted, each location is accessible to the physically handicapped in accordance with Election Law (4-1 04-I-a, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby designates the following locations as the Town's polling places for each Election District: W ARD/ELECTION DISTRICT LOCATION 1/1 1/2 1/3 1/4 North Queensbury Firehouse Bay Ridge Firehouse Bay Ridge Firehouse Warren County Municipal Center 2/1 2/2 2/3 2/4 2/5 South Queensbury Firehouse Queensbury Activity Center Queensbury Central Firehouse Queensbury Activity Center Roberts Gardens Recreation Room (Not Handicapped Accessible) W ARD/ELECTION DISTRICT LOCATION 3/1 3/2 3/3 3/4 Queensbury Senior High Queensbury Senior High Queensbury 4-5 School Lobby Area Kensington Road School 4/1 4/2 4/3 4/4 4/5 4/6 West Glens Falls Firehouse (VanDusenlLuzerne) West Glens Falls Firehouse (VanDusenlLuzerne) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (VanDusenlLuzerne) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING RICHARD HERMANCE AS SCHOOL TRAFFIC OFFICER (CROSSING GUARD) ON "AS NEEDED" BASIS RESOLUTION NO. 161. 99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to appoint Richard Hermance to the position of School Traffic Officer (Crossing Guard) on an "as needed" basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Richard Hermance as School Traffic Officer (Crossing Guard) on an "as needed" basis effective May 3rd, 1999, at the current rate of pay for the School Traffic Officer (Crossing Guard) position to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of May, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING BADGER METER INC. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO WATER DEPARTMENT RESOLUTION NO.: 162.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Town Board Resolution No. 69 of 1972 provided for the standardization of purchase of Badger Meters to be used by the Town of Queensbury Water Department, as delineated in a Memo dated April 26, 199 from the Town of Queensbury Water Superintendent, and WHEREAS, the Water Superintendent has recommended that the Town of Queensbury continue to use the Badger meter system and has therefore requested Town Board authorization to allow Badger Meter, Inc. to continue providing radio read meters and accessories to the Town Water Department during 1999 for a total sum not to exceed $80,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Badger Meter, Inc. to continue providing the Town of Queensbury Water Department with radio read meters and accessories during 1999 for a total sum not to exceed $80,000 to be paid for from Account No.: 40-8340-4320, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Water Superintendent and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: CONTROLLER HESS-I know we had some discussion earlier on about a standardization policy that the Board adopted some years ago, that was resolved without board action there is nothing needed even though some of the language is in here I am not sure that the Board has the authority to direct a company to sell meters to the town. I am not sure that this is appropriately worded, really all we were asking for is to authorizing the purchasing agent to spend eighty thousand dollars at Ralph's direction. I am not sure this resolution really is not clear from my point of view. COUNCILMAN IRISH-The resolution should just say, authorize the purchasing of water equipment. CONTROLLER HESS-If you are going to spend over five thousand dollars it requires a Board resolution to approve that purchase. I think what I would like the resolution to say is that we, simply you are pre- approving up to eighty thousand dollars of expenditure so Ralph can issue the orders through the purchasing department without having to come back every time he wants a delivery. COUNCILMAN IRISH-They are really eliminating Badger Meter from the resolution. SUPERVISOR CHAMPAGNE-That is what you are saying. We are establishing a standardized. CONTROLLER HESS-You have a standardized. WATER SUPT. VANDUSEN-That is already done. SUPERVISOR CHAMPAGNE-That is done. I guess I do not know what my problem is here. COUNCILMAN IRISH-You just need a resolution authorizing the expenditure of eighty thousand dollars. SUPERVISOR CHAMPAGNE-To me this is belt and suspenders really isn't it, unless there is something there I am not seeing. CONTROLLER HESS-If you are happy with it, I mean, I think it is acquired. COUNCILMAN IRISH-The resolutions says you can spend eighty thousand dollars with Badger Meter, right? COUNCIMLAN TURNER-Yes, but it also says that there was previous resolution standardizing. COUNCILMAN IRISH-But this one says that you are only going to spend that eighty thousand dollars with Badger Meter. COUNCILMAN TUCKER-That is what he wants to do. COUNICLMAN IRISH-No, this is not what we want to do. SUPERVISOR CHAMPAGNE-Is that what you want to do Ralph? WATER SUPT. VANDUSEN-Twenty seven years ago the board standardized on Badger Meter a few months ago we talked about radio read, I investigated it is my feeling that we should stay with Badger Meter, there is a lot of reasons as to why we should do that. So, that is fine I can just go ahead and just buy, the previous resolution as long as we stay with Badger we can continue to do that the problem occurs as Henry says, is that anything over five thousand requires Board approval. Rather than come to the Board every couple of months and say OK, it is time for another shipment please approve it we felt it was effective to ask for that approve for up to eighty thousand dollars to purchase meters based on that standardization policy set twenty seven years ago. COUNCILMAN TUCKER-I remember that Ralph I was there. I am listed right on the resolution. Vote taken. RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH THE VILLAGE OF HUDSON FALLS FOR THE SALE OF WATER RESOLUTION NO.: 163.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has a water treatment plant which currently has capacity in excess of its residents' use, and WHEREAS, the Village of Hudson Falls wishes to obtain water from the Town's facility, and WHEREAS, the Town of Queensbury wishes to supply the Village of Hudson Falls with water from its facility, and WHEREAS, the Town of Queensbury and Village of Hudson Falls have negotiated terms for an Intermunicipal Agreement for the sale of water, and WHEREAS, an Intermunicipal Agreement for the sale of water has been presented at this meeting and the Town Board has determined that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Intermunicipal Agreement with the Village of Hudson Falls for the sale of water from the Town's water treatment facility, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Intermunicipal Agreement in the form presented at this meeting and to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Commended Water Superintendent, Mr. Van Dusen for working out the details with the principals. COUNCILMAN TUCKER-The change from quarterly payments to every six months with Hudson Falls, knows this is different than what was agreed with Moreau. CONTROLLER, MR. HESS-They way it was explained going to go to six months payments waive the ninety day interest free period the cost effect would be the same to the Town. COUNCILMAN MERRILL-This is a notification made to accommodate their billing procedures. COUNCILMAN IRISH-If they are late on the due date they start accruing late charges instead of ninety days later. COUNCILMAN TUCKER-The due date is thirty days? CONTROLLER, MR. HESS-Thirty days. SUPERVISOR CHAMPAGNE-The cash flow would be better by going this route than if they wanted to take the ninety days. CONTROLLER, MR. HESS-Doesn't think it will improve cash flow. If they took advantage of the ninety days it would still be coming in on a quarterly basis. This is only going to come in on a six month basis even if it is only thirty days late so you are going to miss a billing cycle. COUNCILMAN TUCKER-Suppose South Glens Falls comes back and wants the same thing. COUNCILMAN IRISH-They already have a contract. SUPERVISOR CHAMPAGNE-Have a signed agreement. TOWN COUNSEL, MR. SCHACHNER-I know we signed it I think Moreau signed it too. It should be all set. COUNCILMAN TUCKER-We're not going to give it to them right? SUPERVISOR CHAMPAGNE-Right. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY FOREST ENTERPRISES, INC. TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 164. 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Forest Enterprises, Inc., has submitted an application to the Queensbury Town Clerk's Office for extension of the Mobile Home Overlay District and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for report and recommendation: APPLICATION OF Forest Enterprises, Inc. TAX MAP NO'S: 109-4-4 LOCATION OF PROPERTIES West Side of County Line Road, Queensbury APPLICATION FOR Extension of Mobile Home Overlay District and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Zoning Administrator's Office to notify any involved agencies. Duly adopted this 3rd day of May, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT:None PLANNED DISCUSSIONS OLD BUSINESS COUNCILMAN TUCKER-Spoke with Chuck Rice regarding storage building noting he would like to meet with the board regarding this matter, board to meet with him on Thursday. Questioned when the due date is for propositions on the ballot in November? TOWN COUNSEL, MR. SCHACHNER-Ninety days. NEW BUSINESS CONTROLLER, MR. HESS-Spoke to the board regarding the roof repair needed at Bay Ridge Rescue Squad. Provided the board with a follow-up explaining the urgency. Looking for direction of the board as to whether they can proceed to get the roof repaired the Town will consider its share of the cost. Under the contract provisions with all the squads is that if they have an unusual need during the year we will entertain a request. They have submitted a formal request the cost to do the roof repair itself with the contract is a few dollars short of fifteen thousand. Insurance will cover some portion of that don't know how much. COUNCILMAN IRISH-Questioned if the insurance company is paying the damage part? Questioned if they are going to have the whole roof done now that they need a repair. CONTROLLER, MR. HESS-There are two issues. The roof was never right from the beginning it has also sustained ice damage. They want to get the roof done right there was no warranty on the original roof and they need to get it fixed noting they had a leak in there before the ice damage. They have had several contractors come in and give them guidance sent Chuck Rice up he came back confirming that the roof needs to be recovered. COUNCILMAN IRISH-Questioned if they have to bid the roof if it cost more than five thousand? CONTROLLER, MR. HESS-Would give them an additional appropriation to cover additional expenses noting they have bid it out. COUNCILMAN IRISH-Questioned if they are talking about the Town paying the full cost excluding what the insurance pays or are they going to split the remainder with the Town for money they already have? CONTROLLER, MR. HESS-They are asking the Town to pick up the full shot except for the incidentals. COUNCILMAN IRISH-Questioned how old the roof is? CONTROLLER, MR. HESS-It was done five or six years ago. One thing we insisted on this time was to sure they get a warranty so that there is a ten year waterproof warranty and a twenty year warranty on the membrane covering it. COUNCILMAN TUCKER-Questioned if they had any guarantees from the contractor? CONTROLLER, MR. HESS-They determined through their legal counsel any guarantee they had was not enforceable. COUNCILMAN IRISH-Noted Councilman Tucker and himself are on the Fire Committee thinks they should get a better idea of what is going on. Councilman Irish and Councilman Tucker to set up a meeting with Connie Tucker. EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding the resignation of Fire Marshal, Kip Grant effective July 24th. Looking for authorization to advertise position noting he would like to get a replacement on staff in advance ofMr. Grant's departure to allow a smooth transition. The following resolution was passed. RESOLUTION ACCEPTING RESIGNATION OF FIRE MARSHAL KIP GRANT RESOLUTION NO. 165. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish Resolution to accept resignation of Fire Marshal Kip Grant and to advertise position. Duly adopted this 3rd day of May, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None WORKSHOP NONE ATTORNEY MATTERS NONE OPEN FORUM 9: 16 P.M. BOB VOLLARO-Spoke to the board regarding the private sewer extension for Baybridge. There will be two lines going up one will be a dedicated Valente line force main and the other will be the Baybridge force main. We want to keep them separate so the two pumps don't conflict with one another if both pumps have to pump at the same time. COUNCILMAN TUCKER-Questioned if this is so he can develop the land in the front? MR. VOLLARO-Either develop it or sale it. His plan is to develop with a office building that would be for professionals if not successful for that he plans on selling it. If we don't go with this and now that the college is off the line if we can't get this all into play would like the Town Board to consider changing the zoning from MR-5 to something more appropriate than what it is now. SUPERVISOR CHAMPAGNE-Commended them for doing this. DENNIS BROWER, QUEENSBURY-Questioned the status of Queensbury Forest Engineering Study? SUPERVISOR CHAMPAGNE-Highway Committee scheduled May 4th, at 10:30 a.m. drainage. COUNCILMAN TUCKER-Questioned how this got back over to Highway? Recommended having the people come in and have the engineer talk to thern. SUPERVISOR CHAMPAGNE-Noted they intend to do that. COUNCILMAN TUCKER-Questioned when? COUNCILMAN IRISH-Noted how did Paul get involved with Mr. Nace was dealing with the Town Board. Highway didn't have anything to do with this we hired Tom Nace we asked Tom Nace for his opinion now we have to go to a Highway Committee Meeting to get the information out of him that we asked him for. Questioned why this was scheduled for the Highway Committee? SUPERVISOR CHAMPAGNE-Going back originally there was a plan where Mr. Naylor would get involved in the actual corrective procedure to make it work over there. Noting all he is trying to do is get enough information together so that we know the most economical most feasible way to approach the problem. COUNCILMAN TUCKER-Noted he doesn't think the Highway Department should have anything to do with this. MR. BROWER-Questioned if they drilled the test holes? SUPERVISOR CHAMPAGNE-No. We're told by the hydraulist not to do that it ATTORNEY MATTHEW 1. JONES, REPRESENTS DEVELOPER OF THE INDIAN RIDGE PROJECT -MARK HOFFMAN AND ROGER BOOR CITIZENS FOR QUEENSBURY -Spoke to the board regarding the Indian Ridge Project noting they are pleased to tell the board that they have reached a conceptual agreement for the development of the Indian Ridge Project. Thanked Councilman Tucker and Councilman Irish with their assistance in reaching the agreement (Presented the board with a conceptual map). They will be redrawing the development agreement that the board first considered in August of 1996, to do this in the next couple of weeks with the Town Attorney in hopes that it will back to you in two weeks for approval of the developmental agreement. Noted that the project went from a hundred and eleven single family homes and nine duplex lots to seventy five single family lots. In addition the development is now moved further to the south and west. It is generally outside of the area which has been known as the critical environmental area with a small exception for lots thirty eight, thirty nine, forty and forty one. In addition we provided some significant access to property which will be donated to the Town along the top of the bank. In the previous plan it was the area from the top of the ridge generally done into the wet area that was going to be conveyed. Now we are going to make public propose a deed to you all of this along the top which will make a pretty nice area passive recreation. Propose one additional change that is to go from a senior citizen housing area of seven point one acres up to an area of ten acres. That area will remain proposed as senior citizen housing, but will be available through the Town to be acquired for the same per acre price that we had put in the previous draft Up to ten acres for needs that the Town may determine have greater weight or more immediate need than senior housing would leave this to the prerogative of the Town to make that decision. Would hope to incorporate those into a PUD Draft Agreement and have it available for your workshop then adoption here in two weeks, will permit us to continue the Planning Board process for site plan approval. MARK HOFFMAN, QUEENSBURY-Spoke to the board regarding the conceptual plans noting his concerns for upcoming issues. Encouraged the Town to continue to be vigilant and to make sure that what we think is what we're getting is actually what we do get. Suggested when the PUD agreement is completed and when the Planning Board has had a chance to look at this that they look at ways to try to minimize clear cutting of lots that will be developed. Need to look carefully at the phasing and try to make sure that phasing is done is such a way that the least amount of impact occurs early on. Encouraged the Town to require that the senior housing be reserved for senior housing and no other residential use noting that one of the concerns they've had if senior housing does not materialize that potentially at a later date that could be developed for residential purposes, it may be worth looking at defining what senior housing is. Would like the Planning Board as well as the Town Board to consider what the pedestrian traffic patterns will be through the neighborhood. Might want to identify which roads would be most likely to be used what the access to the school might be and consider whether sidewalks or other methods of protecting pedestrians would be appropriate there. The Town will need to consider what the traffic impact of this will be. Encouraged the Town to think carefully about what mayor may not be necessary and what the impact of any additional road construction would be on the neighborhood. Strongly encouraged any traffic mitigation measures that are put forth that they include consideration of pedestrian bicycle safety. SUPERVISOR CHAMPAGNE-Questioned if it is necessary now because of the single family rather than a mix zone to go the PUD or could you just rezone it single family is a PUD still required? ATTORNEY JONES-You have legislation currently on the books which would authorize us to proceed simply with the adoption of a PUD amendment. SUPERVISOR CHAMPAGNE-Asked Town Counsel if this made sense? TOWN COUNSEL, MR. SCHACHNER-Yes, it makes sense conceptually. Again, Mr. Jones continues to indicate that they are going to request this board actually execute the Development Agreement as soon as two weeks from now. Our position has been for almost three years and will continue to be that you can do that if you wish at this juncture, but you can also if you wish wait for the Planning Board Site Plan Review to occur so that some of those final details are ironed out and at that time execute the Development Agreement. ATTORNEY JONES-The actual rezoning does not occur until the execution of the PUD Development Agreement. That is a challenge to us actually going to the Planning Board because we're not correctly zoned until the Town takes that action. The hopes that we aspired to with the Citizens for Queensbury is that if we came before you this united that the Town might join us at that point and say that setting a maximum number of units at seventy five and some of the other issues we addressed now we would prefer to have the Planning Board perform its legal function which is to go through and examine the traffic and the engineering and soils, etc. SUPERVISOR CHAMPAGNE-Questioned how large a piece is the critical environmental area that they are leaving? ATTORNEY JONES-About fourteen acres on top of the bank will get board correct number. SUPERVISOR CHAMPAGNE-Wants to make sure everyone is comfortable with what's been said in relative to, if that is going to be in lieu of fees. This is contingent and is up to the board to make that determination. The ten acres for senior housing or Town purchase all of this is contingent on the future. ATTORNEY JONES-There is no requirement that the Town would purchase this at all the goal is to have one or the other occur. If the Town had interest in this would like to know sooner than later. In regard to the fees have not proposed a waiver of fees. SUPERVISOR CHAMPAGNE-Questioned if they have spoken to the Recreation Commission? ATTORNEY JONES-No. Mr. Round did send information on requirements fees doesn't know if they would qualify. SUPERVISOR CHAMPAGNE-Please they have been able to work it through. MR. HOFFMAN-Encouraged the Town to accept the open space protection. COUNCILMAN TUCKER-Questioned if this goes in front of the Planning Board for additional recommendation? TOWN COUNSEL, MR. SCHACHNER-Noted what would happen next is the proposal would go to the Planning Board for a site plan review. COUNCILMAN TUCKER-Questioned if their recommendations would come back to the board? TOWN COUNSEL, MR. SCHACHNER-On site plan review the Planning Board has binding authority. The Town Board has the binding authority on the PUD legislation. BERNARD RAHILL, WARD 2, DISTRICT 4, QUEENSBURY -Commended Craig MacEwan for his leadership in not allowing clear cutting to occur until further notice of the board. Spoke to the board noting his concern with clear cutting and soil erosion. Questioned who is doing the work on the sewer in different wards? COUNCILMAN IRISH-Noted they haven't put a bid out on this yet noting they can have the Highway Department do it or can have a contractor come in and bid it. MR. RAHILL-Questioned if they have a choice? SUPERVISOR CHAMPAGNE-Noted if they are talking about surface water drainage it is a Town Board responsibility by law. There are times when the Highway Department agrees to do drainage there are other times where we would go out and bid it. MR. RAHILL-Questioned the rationale for this? SUPERVISOR CHAMPAGNE-Depending on the size of the project. MR. RAHILL-Questioned what is the Highway Department doing at the present time? COUNCILMAN TUCKER-Cleaning streets. SUPERVISOR CHAMPAGNE-Preparing to get ready for black topping and drainage projects. MR. RAHILL-Questioned who oversees the Purchasing Agent? SUPERVISOR CHAMPAGNE-Noted he does. MR. RAHILL-Questioned who is the Purchasing Agent at the present time? COUNCILMAN IRISH-MicheIle Weller. MR. RAHILL-Questioned if they could publish the agendas for Town Board Meetings, Planning Board Meetings, and Zoning Board of Appeals Meetings in the Post Star? SUPERVISOR CHAMPAGNE-It can't be done. MR. RAHILL-Questioned the cost of the Newsletter? SUPERVISOR CHAMPAGNE-Four thousand dollars for twelve thousand copies each. MR. RAHILL-Questioned how much the mailing cost? SUPERVISOR CHAMPAGNE-Noted Mr. Rahill could contact him tomorrow will do his best to get the information to hirn. MR. RAHILL-What was the rationale for the Newsletter? SUPERVISOR CHAMPAGNE-People wanted it. COUNCILMAN IRISH-Noted they have received good response from the newsletter. MR. RAHILL-Noted he never received a copy of the Recreation Questionnaire asked what the rationale for this was? Asked for information on the Earltown Mobile Home Road Park? SUPERVISOR CHAMPAGNE-Noted he has a conceptual plan showing that information. It hasn't been to the Town Board or Planning Board. MR. RAHILL-Asked for the requirements to place a proposition on the ballot in the election? TOWN COUNSEL, MR. SCHACHNER-There are very specific, very technical requirements for limited propositions that can be placed on a ballot. MR. RAHILL-Questioned how the Indian Ridge Project fits within the Comprehensive Use Plan. COUNCILMAN MERRILL-The plan that was in place when the PUD was instituted was three acre zoning. When we were writing the Comprehensive Land Use Plan the PUD was essentially in effect. MR. RAHILL-It is now one half acre. COUNCILMAN MERRILL-Final recommendation came out again to three acres in the final, noting keep in mind the PUD is still in effect that's the over ruling. MR. RAHILL-Questioned the number of trees they will be planting on the Indian Ridge Project. Thinks they should have a residential plan with an exact number of trees that should be planted on each property in order to avoid soil erosion and in order to provide more oxygen in Queensbury. MR. LOU STONE-Thanked Councilman Irish for noting that the Town does not enforce covenants and deeds. Recommended using titles to address people. Spoke to the board regarding using a septic system management system for North Queensbury. COUNCILMAN MERRILL-Had discussion along those lines with Mr. Lamy will continue this. MR. SALVADOR-Spoke to the board concerning Public Health Code Appendix 75A addressing the issues of holding tanks. Spoke to the board regarding Mr. Springer's deed encumbrance noting in the event that they have a Wastewater Management District in North Queensbury that encumbrance would no longer burden his property he would then be allowed to use that space as a bedroom. Spoke to the board regarding the County Lake George Basin Sewer Committee they talked about the holding tanks being used Mr. Lamy assured him they be in touch with O'Brien and Gere and in effort to get the EIS that is going to be redone. Spoke to the board regarding a violation of a site plan for the Dunham's Bay Boat Company. They are beginning to use a site as a solid waste storage and handling area. Asked Code Enforcement Officer, Craig Brown to look into this. Spoke to the board regarding the resignation of the Fire Marshal noting maybe they could share services. COUNCILMAN IRISH-Noted Queensbury has one of the lowest loss ratio for structural fires in Warren County. MR. SALVADOR-Spoke to the board regarding Hudson River Park and the construction of a volleyball court noting his concern for no bathroom facilities at the park. Noted if they construct a mound system for a sanitary wastewater treatment can you the surface as a volleyball court. Spoke to the board noting the need for an official mapping of the wetlands. BETTY MONAHAN, QUEENSBURY-Questioned if they know the location of the mobile homes to the flight plans noting this was one of the original discussions with the single family residences. SUPERVISOR CHAMP AGNE- The location is west side of County Line Road. MRS. MONAHAN-Recommended a letter to the editor colunm in the Newsletter for two-way communication. Spoke to the board regarding Indian Ridge fitting into the Comprehensive Use Plan. Noting you do your most intense development where the Town services are you also do it close to the schools. Also with a PUD plan you cut down on the roads within the site itself. Spoke to the board regarding clear cutting the cutting of trees was very closely regulated both for the quality of life on the individual lots. Recommended the Town look into the cost effectiveness into installing a underground sprinkler system. COUNCILMAN IRISH-Noted Mr. Rice is putting an estimate together on this. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 166.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss one personnel matter. Duly adopted this 3rd day of May, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 167. 99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 3rd day of May, 1999, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury