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2001-11-05 REGULAR TOWN BOARD MEETING NOVEMBER 5TH, 2001 Mtg #48 Res. 415- 421 7:10 P.M. BOH 52-54 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER BOARD MEMBER ABSENT COUNCILMAN JAMES MARTIN TOWN COUNSEL Mark Schachner TOWN OFFICIALS Henry Hess, Town Comptroller Dave Hatin, Director of Building & Codes PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DANIEL STEC Supervisor Dennis Brower called meeting to order. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 415, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 5th day of November, 2001, by the following vote: AYES: Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: Mr. Martin PUBLIC HEARING - SEWER VARIANCE - JANE BARTIS NOTICE SHOWN 7: 10 P.M. SUPERVISOR BROWER-Is anyone here representing the applicant this evening? Good evening. MRS. JANE BARTIS-Good evening, I'm Jane Bartis and this is my husband Dick Bartis. SUPERVISOR BROWER-Good evening. And you're at 27 Marley Way, correct? MRS. BARTIS-Correct. SUPERVISOR BROWER-Maybe you could tell us a little bit about your project. MRS. BARTIS-I had a, I was digging up the septic system and I didn't dig in the right spot and by the time I found out that I wasn't over the tank, I found the pipe was broken and I replaced the pipe with the same kind of pipe that I took out and I covered it up and I received a notice later on stating that I had altered my system and I didn't have a building permit. And then, they said that it was too close to my well and so now we're at the point where we've gone to resolution number BOH46, 2001, do you have a copy? Jane Bartis has applied to the Local Board of Health for a variance from Chapter 136, 136-llB which requires applications to obtain a variance for all holding tanks and the application has requested one variance to allow a holding tank and another variance from Chapter 136, Appendix A to place the holding tanks thirty- three feet from the well in lieu of the required fifty feet, setback on property located on 27 Marley Way. SUPERVISOR BROWER-And that's your well, correct? MRS. BARTIS- That's my well, our well. COUNCILMAN BREWER-Why were you digging up your septic tank? MR. BAR TIS-There was a broken pipe. MRS. BARTIS-We, I dug it up to have the man come and pump it out but I was, we have it done every two years and we had a rock over it but somewhere along the line, one of my grandchildren I think moved the rock. SUPERVISOR BROWER-Well, thank you. Ted, do you have any questions? COUNCILMAN TURNER-In the application is says a holding tank, is it a holding tank or a septic tank? MRS. BARTIS-I have a septic tank now which is too close to the well and in order to put something in that will not be close to my well, it has to be a holding tank. COUNCILMAN TURNER-Do you live there seasonally? MRS. BARTIS-Yes, we do. MR. BAR TIS-Yes, this is just a weekend retreat. This was purchased in 1987, a very small log cabin, two bedrooms, one bath, small kitchen, living room with a fireplace. It's utilized only on the weekends, we open it up May 1st and it closes up November 1st and we do not drink the water, we bring our water in. COUNCILMAN TURNER-You bring it in, yea. I just wanted to clarify because a holding tank is only allowed nine months use, seasonal. COUNCILMAN STEC- That's all right. COUNCILMAN TURNER-That's all right with you folks. COUNCILMAN STEC-I mean, if we let you have a holding tank, you can only use it COUNCILMAN TURNER-That's fine with them, I just wanted to clarify what it was. COUNCILMAN STEC-Right, he wanted to make sure you knew that it can only be seasonal but that's how you're using it so I assume you're comfortable with that? MR. BARTIS-That is correct. COUNCILMAN TURNER-You're all set. MR. BARTIS-That's correct. SUPERVISOR BROWER-Anymore questions? COUNCILMAN BREWER-Where does the fifty feet come from versus the hundred typically for a well, this separation distance? SUPERVISOR BROWER-I don't know, I was a little surprised about that as well. Dave, do you have any clarification on that? MR. DAVE HATIN, DIRECTOR OF BUILDING & CODES-A holding tank is treated the same as a septic tank and the ordinance only requires a fifty foot separation. A hundred foot is to a COUNCILMAN BREWER-But I thought typically we do a hundred foot separation. MR. HATIN, DIRECTOR OF BUILDING & CODES-It's to a leaching device, yes, when you have a leach pit or a leach field, you have to have a hundred feet minimum. COUNCILMAN BREWER-How does this distinguish that in the ordinance? MR. HATIN, DIRECTOR OF BUILDING & CODES- This is a holding tank, this will hold all the effluent COUNCILMAN BREWER-I understand that. MR. HATIN, DIRECTOR OF BUILDING & CODES-And then it will be pumped out so it's the same as a septic tank, only requires a fifty foot separation to the well. COUNCILMAN BREWER-But if they were going to put a regular septic system in or septic tank, it would have to be a hundred. MR. HATIN, DIRECTOR OF BUILDING & CODES-No, not the tank itself just the leaching device. COUNCILMAN STEC- The tank is fifty but the leach fields are a hundred. COUNCILMAN TURNER-The leach field. COUNCILMAN BREWER-The leach is COUNCILMAN STEC-Is a hundred. MR. HATIN, DIRECTOR OF BUILDING & CODES-It's a hundred or more. COUNCILMAN BREWER-And it states that in the ordinance? MR. HATIN, DIRECTOR OF BUILDING & CODES-Yes, it's right in Appendix A. SUPERVISOR BROWER-And what size tank are you installing? Is it a thousand gallon or? MR. BARTIS-We have a seven-fifty now. What size do we have MRS. BARTIS-It's thirty-five hundred, I believe. MR. BARTIS-Thirty-five hundred. COUNCILMAN BREWER-Well, the print says proposed a thousand or two thousand. Oh, a thousand and a two thousand? MR. HA TIN, DIRECTOR OF BUILDING & CODES-Yea, they're going to add two tanks to the existing septic and they'll have the capacity required. Actually, it exceeds the capacity required. COUNCILMAN BREWER-This line's got to be fifteen, Dave? MR. HATIN, DIRECTOR OF BUILDING & CODES-I don't know what you're looking at, Tim. COUNCILMAN BREWER-Well, it's the next door neighbor's property line. MR. HATIN, DIRECTOR OF BUILDING & CODES-Yea. Well, it's a minimum often feet, they're going to have fifteen feet. COUNCILMAN BREWER-Well, why not shove it back? MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, number one, they didn't want to move this tank so it's just logical to set them in the series. So, you're still going to, you're only going to gain five feet. COUNCILMAN BREWER-Well, no, what we did in the past is make them move it back to the lot line within a foot or two that gives you a greater distance to the well. MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, we're trying to utilize the existing tank which is only thirty-three feet. So, that's why. COUNCILMAN BREWER-I mean, they've got to dig it up anyway to put the new tanks in so, what's the difference if they go MR. HATIN, DIRECTOR OF BUILDING & CODES-They probably won't be able to salvage that tank. SUPERVISOR BROWER-Anymore questions before we ask for public input? COUNCILMAN BREWER-So, they're going to have a two thousand, a thousand and a seven-fifty, all tied together? MR. HA TIN, DIRECTOR OF BUILDING & CODES-Yes. That's how holding tank systems is done. So, you can't buy a thirty-five hundred gallon tank. COUNCILMAN BREWER-I understand that but why wouldn't they use, to get it back further away from the well, God knows what's going to happen in the future if someone else were to buy that camp or whatever, why wouldn't they use the two thousand and thousand or put two- two thousands in and move them back further away from the well? MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, I mean, that's another way to do it. We were trying to utilize the existing tank and get the capacity. SUPERVISOR BROWER-When you have these holding tanks, will you use the well again then? MRS. BARTIS-Oh, we use the well all the time now. SUPERVISOR BROWER-Oh, you do. I thought you said you MR. BARTIS-Not for drinking just for cleaning. MRS. BARTIS-You know, this is SUPERVISOR BROWER-But that wouldn't change? MRS. BARTIS-No, that wouldn't change but it's, I mean, we've had the water tested twice and it's always been fine. It's just it's sulfur water and I don't especially care for that. SUPERVISOR BROWER-You're not alone. Okay, anymore questions? Thank you. Then I'd like to open the public hearing at this time and ask any interested party in the audience if they'd care to comment on the application before us this evening, either for or against? Please state your name and address for the record, I'd appreciate it. MR. STEVE MILLER-I'm Steve Miller, I live next door at 29 Marley Way and I'd just like to comment, I have no problem with putting in a holding tank, I think that's a good idea. It just, the size of the holding tank, thirty-seven fifty gallons seems quite a bit. And also, the old leach areas still remains in an existing plan and my suggestion would be to just remove that and drop in a tank and that should be sufficient for a seasonal camp. I use my well, I'm a full-time resident, I use it for drinking, I'm very concerned about that. SUPERVISOR BROWER-How far are you away? MR. MILLER-My well is probably sixty to sixty-five feet away. COUNCILMAN BREWER-I don't see your well on this map. MR. MILLER-It's at the base of the arrow. COUNCILMAN BREWER-Oh, alright. No, that's, can you show me on here? MR. MILLER-Sure. (pointed out his well on Mr. Brewer's map) COUNCILMAN BREWER-It's a long ways away from there's. MR. MILLER-And I also have a question about the use of a holding tank. Are those typically pumped out at the end of the year? I mean, how is that scheduled and is there an agreement already with an existing handler to pump the tanks out on a regular schedule cause I think that's required in part 136? COUNCILMAN BREWER-Is there an alarm, Dave? MR. HA TIN, DIRECTOR OF BUILDING & CODES-Yea, it will have an alarm system. MR. MILLER-So, I guess, just bottom line, I guess my concerns are just that the capacity seems excessive and the way it's set up now, it would, the tanks are in an arrangement where they could be modified and even bypassed where the pipe could be changed to go into the old system, the old leach area and that's a concern of mine and if that old leach system was removed and a tank put there, then, you know, no modifications could be made at that point. And again, I support the holding tank, I just think the capacity and the arrangement could be improved a little bit. Thanks. SUPERVISOR BROWER-Thank you. Dave, would you come to the mic, I'djust like to ask you a question now. Is it unusual to have three tanks in a line like this? MR. HATIN, DIRECTOR OF BUILDING & CODES-No, we have systems that have up to five tanks in the town. SUPERVISOR BROWER-It just takes, it just provides a longer time frame before they pump, is that correct? MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, you have two things that govern this, number one is the ordinance itself, it requires thirty-five hundred gallons capacity for a three bedroom home which is what they have. So, we're actually only two hundred and fifty gallons over that. We tried to utilize their existing seven-fifty tank so they wouldn't have to buy a third tank and the only reason that we're not moving that tank is we felt that it was existing, it probably wouldn't withstand a movement, most tanks don't so they would end up buy a third tank so we tried to utilize that. The existing separation is already there, the thirty-three feet already exists, it's not something new and it does keep it from the property line, it keeps it a little farther from Mr. Miller's well and seems to work. She has, or Mr. and Mr. Bartis have no room to put a performing system on their property, they can't physically do it. So, a holding tank would be the only option regardless of what was sitting on that property. COUNCILMAN BREWER-What's the difference between a thousand and two thousand gallon tank? MR. HATIN, DIRECTOR OF BUILDING & CODES-I have no idea, so, we don't get into pricing. COUNCILMAN BREWER-No, I understand. MR. HA TIN, DIRECTOR OF BUILDING & CODES-Yea, I have no idea, I really don't know. SUPERVISOR BROWER-And these will be buried, correct? MR. HATIN, DIRECTOR OF BUILDING & CODES-Yes and they are required by the ordinance to be buried. COUNCILMAN STEC-What is required for a pumping schedule? MR. HATIN, DIRECTOR OF BUILDING & CODES-It basically is governed by use. This, the capacity is governed by what I, if I recall is a one week capacity based on four hundred and fifty gallons a day on a three bedroom home plus some reserve. It could be pumped once a week under heavy use. It could be pumped once a month under a two person use. It could be pumped every two months, if one person lived there. It's hard to say but the alarm is set at half and the alarm is set at full so when the tank is full, it shuts the water off to the residence so they have to be pumped. It's a built-in safety feature. But there is no schedule of pumping because it all depends on use. SUPERVISOR BROWER-Any further questions of Dave while is here? Thank you, Dave. MR. HATIN, DIRECTOR OF BUILDING & CODES-Okay. SUPERVISOR BROWER-Any further comment from the public? Anyone have any concerns or questions or? COUNCILMAN TURNER-Caroline has a letter. SUPERVISOR BROWER-Caroline, would you read the letter into the record? DEPUTY TOWN CLERK BARBER read the following into the record: Neither Mr. Beadleston or myself can perceive any problem with the proposed variance being granted to the above mentioned, Jane Bartis regarding sewage disposal. Thank you for your concern, Donald & Colleen Beadleston Town Board: I own the property next to the Bartis camp and I am a full time resident. I oppose this request as it is submitted. I do not oppose the installation of holding tanks, just the proposed configuration. My well is relatively shallow located downhill from the Bartis' septic system. The proposed layout brings the system closer to my well. The proposed layout also leaves the current leach area intact in a configuration that could be easily modified to bypass the holding tanks. Given that the current septic system was modified on an early Saturday morning without the proper review process, what would prevent the proposed system from being modified to bypass the holding tanks? During the month of August, the Bartis' septic system was dug up and parts of it left uncovered. The smell was significant. Then, on an early Saturday morning, the Bartis' dug up the remaining leach area removing some material, then filled in the area, raked it flat and planted grass seed. The material moved from the leach area modification was placed on top of the ground along the property line between my house and the Bartis property. With this in mind, I'm concerned about possible modifications that would effect the safety of my drinking water. The capacity of the proposed system seems excessive. Does a weekend summer camp need that much capacity? Given the light use of the camp replacing the current leach area with a holding tank should be sufficient. Regards, Steve Miller (Correspondence on file in the Clerk's Office) SUPERVISOR BROWER-Dave, what penalties would occur if this was modified inappropriately? MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, it's a two hundred and fifty dollar a day fine if they're found guilty in court. MRS. BARTIS-May I say one more thing? SUPERVISOR BROWER-Certainly. MRS. BARTIS-In response to the letter, when Mr. Miller talked about the things that were taken out of the septic system and put along his line. I did not take raw sewage, when you dig at Glen Lake, you dig up boulders and I couldn't believe the number of boulders that I had and so I took the boulders and I put them along the property line. This was not, you know, like something that was contaminated with raw sewer. I would just like you to know they were stones. SUPERVISOR BROWER-Thank you. MRS. BARTIS-Thank you. SUPERVISOR BROWER-Okay. Board members? COUNCILMAN BREWER-My only comments would be that, I understand they're trying to save money by using the existing tank but I would like to have them explore the cost of a thousand versus a two thousand gallon tank, take the seven-fifty out of there and move this back as far as they possibly can away from the well. I mean, we don't know at some point if somebody else, they may sell that home, somebody else may want to move in there and have children and use the water for drinking, whether they don't like it. I mean, there's no guarantee that they're going to be the only ones there forever and we're doing this as a safety issue, not as a dollar and cent issue. To me, the safety issue is more important then the dollar and cent issue. So, I think, I don't know the cost of a thousand versus a two thousand, but I mean, if that tank, how old is that tank that's in the ground, do you have any idea? MR. HATIN, DIRECTOR OF BUILDING & CODES-I would imagine, when the home was built, I don't know that for sure. COUNCILMAN BREWER-How old is the home? MR. BARTIS-1980, no, 1978. COUNCILMAN BREWER-Well, I don't know how long, any idea how long that tank is going to last, typically? MR. HATIN, DIRECTOR OF BUILDING & CODES-It could last forever, if it's maintained. COUNCILMAN BREWER-Well, I'm not saying I'm opposed to give them a variance for a holding tank, I'mjust saying, I think there's other options that they could explore, let me put it that way. COUNCILMAN TURNER-Well, they've got a three bedroom home based on the four hundred and fifty gallons, you're undersized. COUNCILMAN BREWER-Not if you bought COUNCILMAN TURNER-If you put two tanks in there, that's four thousand gallons, well you're five hundred over. COUNCILMAN BREWER-They've already proposed a two thousand and a thousand plus they're going to use the seven-fifty. If they upgraded that thousand to two thousand, they would have four thousand. COUNCILMAN TURNER-Yea. SUPERVISOR BROWER-Oh, you're saying two two-thousand gallon tanks instead of COUNCILMAN BREWER-Two two-thousand, get rid of the seven-fifty, move it back and get it further away from the well. COUNCILMAN TURNER-Yea, but that's not really the question in front of us. COUNCILMAN BREWER-Pardon me? COUNCILMAN TURNER-That's not the question that's in front of us, the question is relieffrom the setback. COUNCILMAN BREWER-I understand that, but there's other options, we have to explore that too. I mean, we've done it in the past, Ted. COUNCILMAN TURNER-Oh, I know but they COUNCILMAN BREWER-We had somebody move their variance COUNCILMAN TURNER-If they go with what they've got there, they've got capacity enough. COUNCILMAN BREWER-Okay. MR. HA TIN, DIRECTOR OF BUILDING & CODES-Tim, you do understand a holding tank doesn't discharge anywhere, right? COUNCILMAN BREWER-I understand that. COUNCILMAN TURNER-It doesn't discharge, it's just, it's got the bells and whistles on it, when it's full, it goes off. MR. HATIN, DIRECTOR OF BUILDING & CODES-I mean, basically, everything is pumped out. Fifty foot is really arbitrary. SUPERVISOR BROWER-I feel comfortable that it's got alarms on the system, you know. COUNCILMAN BREWER-That's fine, I'm just giving you my opinion. Opinions are like something else, Dennis, everybody's got one. COUNCILMAN STEC-Elbows. SUPERVISOR BROWER-So, how do we want to move on this? COUNCILMAN STEC-It sounds like it's not oversized, after all, based on the four and fifty gallons a day and there is no discharge. So, I understand Dave's point that fifty feet is just a, essentially a round number. I don't know why there would be one really at all then but. MR. HATIN, DIRECTOR OF BUILDING & CODES-Well, I think they want some. in case you have a failure but, I mean, typically these are sealed tanks so there shouldn't be a problem. COUNCILMAN STEC-I mean it's a seasonal residence, which means that if they ever wanted to do any significant changes there, you're into a whole pre-existing non-conforming use, you're right back before the planning staff to get all kinds of variances again anyway. So, I mean I'm not overly concerned about future owner coming in and saying, hey, we're going to do something different here, we're going to add a second floor or make it year round or whatever, at that point they'd have to become compliance. So then, you know, with the alarms on there and the shut-off feature, you know that you talked about, if it hits the full alarm, it shuts off water to the house. I don't see, I don't see too much that bad that can come from a holding tank here. SUPERVISOR BROWER-I think it's a good application in this particular instance. I don't think they have much choice unless, where they would affect their neighbors wells, if we just allowed them to keep sometime of septic tank. COUNCILMAN TURNER-Okay. Do you want a motion? SUPERVISOR BROWER-Yea. COUNCILMAN TURNE-I'll move to DEPUTY TOWN CLERK BARBER-Do you want to close the public hearing first, Dennis? SUPERVISOR BROWER-Well, first I'll ask if anyone else cares to comment on the public hearing? Seeing none, I'll close the public hearing and entertain a motion. PUBLIC HEARING CLOSED 7:30 P.M. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCES FOR JANE BARTIS BOARD OF HEALTH RESOLUTION NO.: 52,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Jane Bartis previously filed an application for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a holding tank to be located thirty-three feet (33') from the well in lieu of the required fifty feet (50') setback on property located at 27 Marley Way 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 November 5th, 2001, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Jane Bartis for variances from the Sewage Disposal Ordinance to allow a holding tank thirty-three feet (33') from the well in lieu of the required fifty feet (50') setback on property situated at 27 Marley Way in the Town of Queensbury and bearing Tax Map No.: 289.17-1-55. Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower NOES Mr. Brewer ABSENT: Mr. Martin RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF COLLEEN AND BRUCE HALSE BOARD OF HEALTH RESOLUTION NO.: 53,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Colleen and Bruce Halse have applied to the Local Board of Health for a variance from Town Code 136-11 which requires applicants to obtain a variance for all holding tanks and the applicants have requested a variance to expand their existing holding tank's capacity from 2000 to 3,500 gallons of capacity on property located at 25 Brayton Lane, Assembly Point in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on November 19th, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Colleen and Bruce Halse's sewage disposal variance application concerning property located at 25 Brayton Lane, Assembly Point in the Town of Queensbury and bearing Tax Map No.: 6-3-12 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 54,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 5th day of November, 2001, by the following vote: AYES: Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None OPEN FORUM 7:32 P.M. MR. PLINEY TUCKER, Division Road referred to Resolution 4.5, 'Resolution Creating Open Space Plan Committee And Appointing Its Members Regarding Development of Open Space Plan and questioned whether this is the same group that was established this past year and received twenty-five thousand dollars? SUPERVISOR BROWER noted that was the Land Conservancy. This is Open Space Committee, it's composed of Leon Steves whose the president, Jim Underwood, Deborah Roberts, John Strough, Catherine LaBombard, Charles Maine, Lin Cathers, Mike Brandt, Barbara Sweet, Alex Hall and Larry Eichler. Actually, the committee and I toured Queensbury Saturday morning from eight in the morning until a little after noon and went allover the town looking at our inventory of assets, land that currently exists. We went from Halfway Brook, Big Cedar Swamp, Feeder Canal, Warren County Airport, French Mountain, Dunhams Bay, Top Of the World, Oneida Corners, the town boat access on Glen Lake, Warren County bike path access, Rush Pond, Round Pond, Butler Pond, Queensbury Schools, the bike trail on Sherman Avenue, Hudson Pointe, Hudson River Park, Feeder Canal trail head and Quaker Cemetery on the corner of Quaker and Bay Roads. MR. TUCKER questioned the status of the big expansion that was planned for Aviation Mall? COUNCILMAN BREWER noted that they haven't signed a contract yet. SUPERVISOR BROWER noted, some stores have put off their expansion plans, some chains have. Whether or not the chain the mall was entertaining has changed their position or not, is unknown right now. Whether it's been delayed is unknown. The only I can tell you is that Play Extreme Sports will be occupying the Seven Steers Restaurant shortly. MR. TUCKER-The board did a lot of granting variances and zoning changes and stuff for this expansion, if it doesn't happen, are you going to withdraw the changes you made for this expansion? TOWN COUNSEL SCHACHNER-I don't believe there was any condition of that zoning amendment to that affect. COUNCILMAN BREWER-No, it's done, we didn't do it predicated on a tenant going in there. MR. TUCKER-You just want to remember these guys are suiting us for twenty million dollars, guys, you just want to remember that. MR. JOHN SALVADOR referred to the sewer variance public hearing held earlier this evening and noted, the very crux of that variance, the granting of that variance is predicated on the fact that those people are willing to encumber their use to what you call seasonal use. Just what kind of commitment, what kind of control, what kind of enforcement will there be in this regard? For instance, it says nine months. Is there a presumption that the nine months are contiguous months? Can it be any nine months of the year? Do they have to necessarily be out of service in the winter months? For instance, is there a presumption that if someone is going to have a seasonal dwelling, they have a primary residence someplace else? How do you do this? I think it's kind of flippant to say, seasonal use. Well, what do we mean by that? What's the interpretation? Where are the restrictions? Back to Mr. Tucker's comments concerning Aviation Mall, every time we get into one these big projects and we get into variance considerations or changes in zones or whatever, there's a lot of things that we're considering in that neighborhood. The property across the street, a major intersection, a big highway interchange, and supposedly we have a building block affair going here. This is going to happen here, so we've got to make sure that this is taken care of here. Conditions if you will, understandings if you will, other developers are impacted. Are we losing sight of all of this? Where does it fit into the Master Plan and is any of this, any of these variances that are granted, are they in the form of a non-conforming use and if a non-conforming use is out of use for eighteen months, it's automatically extinguished. I think Mr. Tucker's comments are well taken. MS. HOLLY ALDRICH, 4 Morgan Drive noted concern with a dog kennel located right across the road from her home where the dogs bark constantly and there's an odor. We, the neighbors and I feel that we should be advised if somebody applies for a kennel license in our neighborhood. I don't know if there's a limit to how many dogs that you can have, do they all have to be purebreds? I just find it frustrating that we have no say that they're living right beside you and if you were to sell your home, you'd have a hard time selling your home. COUNCILMAN BREWER-They running a kennel there? MS. ALDRICH-Yes, they have a license. COUNCILMAN BREWER-Wouldn't that be a site plan issue, Mark? TOWN COUNSEL SCHACHNER-It might be, it depends where the there is? I mean, what zone or whether it's a site plan use, whether it required a variance, etcetera, etcetera, I don't know. COUNCILMAN BREWER-SRI. TOWN COUNSEL SCHACHNER-Did it predate zoning, is it brand new. I mean, I know none of the facts. COUNCILMAN BREWER-No, she said three years ago they didn't have a kennel. MS. ALDRICH-Well, we moved it about three and half years ago and they had a couple of dogs then but now they've been accruing them, they're breeding them and I think the kennel is up to nine or ten. I just feel it's frustrating, there's a smell there, the dogs bark a lot of times, non-stop and as a homeowner, I find it very frustrating that we have no say. SUPERVISOR BROWER-Have you talked to the owners? MS. ALDRICH-No. I've called the Animal Control Officer. SUPERVISOR BROWER-They can control the barking. MS. ALDRICH-Yea, they have the bark collars, I think they only work if the batteries are good or whatnot. COUNCILMAN BREWER-What's the address of the kennel? MS. ALDRICH-I think they're at 7 Morgan Drive. I mean, I don't want to get anybody in trouble but I just feel that if there is a kennel, maybe we should be advised that they've applied for it. COUNCILMAN BREWER-I got a letter from Chris Anderson about this but the way he described it to me it was that these people have seven or eight dogs, he didn't say anything about a kennel. MS. ALDRICH-I believe that they do have a kennel license. COUNCILMAN BREWER-Okay, we can have somebody looked into it and if they have a kennel license, find out if it's a site plan issue. In that zone, I think, if somebody wanted to open up a kennel today, they would have to come in for a site plan. MS. ALDRICH-And would we be advised of that? COUNCILMAN BREWER-Absolutely. We can have somebody look into and if you give me your name and number, we'll call you back. (Ms. Aldrich gave her name and number to Councilman Brewer) MS. ALDRICH questioned if the property tax is rid of, would it be effective this January or the following. COUNCILMAN BREWER-Next year's budget. MR. P AUL NAYLOR, Division Road-I won't be here Thursday, I've got a meeting. Zero is the number we're looking for, talk to those guys up there you work with and get them to do the same thing. OPEN FORUM CLOSED 7:45 P.M. RESOLUTIONS RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 416,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-2010 Maint. ) 01-3620-4070200. (Office Equipment) (Equip. Repair & 01-3620-4120 01-3620-2001290. (printing) (Misc. Equipment) HIGHWAY: FROM: TO: $ AMOUNT: 04-5110-1450 Melting Agents) 04-5142-464115,000. (MEa-Summer) (Snow & Ice SIDEWALKS: FROM: TO: $ AMOUNT: 01-8540-4400 01-5410-440030,000. (Drainage) (Sidewalks Maint.) 01-5410-4400 Const. ) 01-5410-289961)05. (Sidewalks, Maint.) (Sidewalks, Cap. Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR COLLECTION AND DELIVERY OF CaMP ACTED SOLID WASTE AND RECYCLABLES RESOLUTION NO.: 417,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to arrange for the collection and delivery of compacted solid waste from the Town's two transfer stations to the Adirondack Resource Recovery Facility and collection and delivery of the Town's recyclables from the Town's two transfer stations to a facility approved by the New York State Department of Environmental Conservation, and WHEREAS, the Purchasing Agent has prepared and presented a copy of the necessary bid documents at this meeting, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to advertise for bids for the collection and delivery of compacted solid waste from the Town's two transfer stations to the Adirondack Resource Recovery Facility and collection and delivery of the Town's recyclables from the Town's two transfer stations to a facility approved by the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH VERANDA LANE IN PHASE I OF THE VISTAS SUBDIVISION RESOLUTION NO.: 418,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 251,97 the Queensbury Town Board accepted and approved the deed for dedication of Veranda Lane in Phase I of the Vistas Subdivision, and WHEREAS, at that time Harold Raven (Developer) agreed to furnish the Town with a cash escrow in the amount of Twelve Thousand Dollars ($12,000) to ensure completion of the top coat of the road, and WHEREAS, Developer provided the Town with the required $12,000 and entered into an Escrow Agreement with the Town dated September 12th, 1997, and WHEREAS, as required by the Escrow Agreement the Town deposited the $12,000 in an interest bearing account, and WHEREAS, by Memorandum dated October 29th, 2001, the Town's Highway Superintendent advised the Town Board that the Developer had completed to the Highway Superintendent's satisfaction the top coat of the road, and WHEREAS, the Town Board wishes to authorize the refund offunds currently held in escrow to the Developer as set forth in the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to Harold Raven, which sum shall be the amount of $12,000 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH KENWOOD CIRCLE AND LONGVIEW DRIVE IN THE GLEN AT HILAND MEADOWS SUBDIVISION RESOLUTION NO.: 419,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 384,2001 the Queensbury Town Board accepted and approved the deed for dedication of Longview Drive and Kenwood Circle in The Glen at Hiland Meadows Subdivision, and WHEREAS, at that time AOW Associates, Inc., (Developer) agreed to furnish the Town with a cash escrow in the amount of Twenty-Five Thousand Dollars ($25,000) to ensure completion of the top coat of the roads, and WHEREAS, Developer provided the Town with the required $25,000 and entered into an Escrow Agreement with the Town dated September 27th, 2001, and WHEREAS, as required by the Escrow Agreement the Town deposited the $25,000 in an interest bearing account, and WHEREAS, by Memorandum dated October 25th, 2001, the Town's Highway Superintendent advised the Town Board that the Developer had completed to the Highway Superintendent's satisfaction the top coat of the roads, and WHEREAS, the Town Board wishes to authorize the refund offunds currently held in escrow to the Developer as set forth in the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to AOW Associates, Inc., which sum shall be the amount of $25,000 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Martin RESOLUTION CREATING OPEN SPACE PLAN COMMITTEE AND APPOINTING ITS MEMBERS REGARDING DEVELOPMENT OF OPEN SPACE PLAN RESOLUTION NO.: 420,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 351,2001, the Queensbury Town Board authorized engagement of Behan Planning Associates, LLC to assist the Town Planning Office with the development of an Open Space Plan, and WHEREAS, the Town Board wishes to establish an Open Space Plan Committee to work with the Planning Office and Behan Planning Associates, LLC to assist in developing the Open Space Plan, and WHEREAS, the Town Board wishes to appoint members to the Open Space Plan Committee, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby creates the Town's Open Space Plan Committee to assist in the Town's development of an Open Space Plan and appoints the following members to the Committee: 1. Leon Steves; 2. James Underwood; 3. Deborah Roberts; 4. John Strough; 5. Catherine LaBombard; 6. Charles Main; 7. Lincoln Cathers; 8. Michel Brandt; 9. Barbara Sweet; 10. Alex M. Hall; 11. Larry Eichler Duly adopted this 5th day of November, 200 I, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Turner, Mr. Stec NOES None ABSENT : Mr. Martin TOWN BOARD DISCUSSIONS Supervisor Brower reminded the public of the Town of Queensbury's budget meeting scheduled for Thursday, November 6th, at seven p.rn. RESOLUTION TO ADJOURN BOARD MEETING RESOLUTION NO.: 421, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 5th day of November, 2001, by the following vote: AYES: NOES: Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer None ABSENT: Mr. Martin No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY