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1996-08-05 REGULAR TOWN BOARD MEETING AUGUST 5, 1996 7:00 P.M. MTG#3l RES#3l8-340 B.H. 18-19 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS JIM MARTIN, DAVE HATIN, MIKE SHAW, WILLIAM BURNS, KIM HEUNEMANN PUBLIC HEARINGS HUDSON POINTE-THE DESIGNATION OF CERTAIN PROPERTY OWNED BY HUDSON POINTE, INC. FROM SR-1A TO ALLOW EXTENSION OF HUDSON POINTE PUD OPENED 7:01 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-I'll open the public hearing. ATTORNEY JOHN LAPPER-Alan Oppenheim is not here we expect him. He was in a meeting in Albany and probably will be on his way. But, we think that things have now gotten pretty straight forward on behalf of this and we're here for the public hearing. The Planning Board approved it at its last meeting looking at this and we hope that the Town Board will as well. SUPERVISOR CHAMPAGNE-Is there anyone here to speak for or against the rezoning of the Hudson Pointe? One lot is that how I understand it? Jim do you want to explain that to us a little more thoroughly so that we all have a better understanding. EXECUTIVE DIRECTOR, MR. MARTIN-As the board may recall this was before us previously as a rezoning request. It involved a one acre lot that has frontage on Corinth Road and is adjoining what is probably the south westerly part of the Hudson Pointe PUD. There was an extension of that project that had additional frontage on Corinth Road with what turned out to be neighborhood commercial type uses associated with it. This is a one acre lot that was in front of that property along Corinth Road. The plan that you see before you incorporates many of the things that you discussed at the time it was up for rezoning, meaning some berming and planting requirements along the property as it adjoins, I guess would be the north easterly side of the property. There was some discussion the last time we talked about this about widening the buffer areas as a compromise position. The next thing discussed was providing berming along that side with additional planting to attempt to mitigate any potential impact from parking of cars or whatever use occurs on that site. The reason for the change from a rezoning was it was thought in the final analysis before we parted last time that it was better served as a modification to the PUD as it was really an extension of the uses associated with project in that area meaning the neighborhood commercial types uses. The things allowed for there were convenience store, banking, small retail, like a hardware store, something like that meant to address any neighborhood needs in that area for those types of things. I think there was a limit on the building size of seventy five hundred square feet. This is coming back as a change to the PUD. Something you should consider tonight is this a significant enough modification to go back in and take up any potential environmental impacts associated with it or do you see this as a minor modification that would not warrant that. SUPERVISOR CHAMPAGNE-Okay so we're rezoning that parcel from SR-1A to.... EXECUTIVE DIRECTOR, MR. MARTIN-PUD. SUPERVISOR CHAMPAGNE-Anyone here to speak against this proposal? COUNCILMAN GOEDERT -Fred, I have a question. Jim the people that have been coming to the workshops in reference to this.... COUNCILMAN PULVER-Glen Jones.... COUNCILMAN GOEDERT-The Browns, have they been.... EXECUTIVE DIRECTOR, MR. MARTIN-Five hundred foot notice was sent out for this public hearing tonight. ALAN OPPENHEIM-I guess, I'll introduce myself. I'm Alan Oppenheim, ACO Property Advisors representing the property owner of Hudson Pointe, Inc. We feel based upon the workshop sessions and some of the discussions specific to landscaping along the north and the fifty foot buffer that they were indeed happy with that proposal. SUPERVISOR CHAMPAGNE-No one here to speak against it. Any other questions from the board. COUNCILMAN TURNER-Permitted uses. Convenience store with gasoline pumps. Do we substitute that and take out automobile sales and repair. COUNCILMAN MONAHAN-I don't think that is even in neighborhood commercial. EXECUTIVE DIRECTOR, MR. MARTIN-I don't believe automobile sales and repair is permitted there anyway. COUNCILMAN TURNER-No it's not but, gasoline pumps where they permitted? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN MONAHAN-Jim is the list of permitted sensible uses that are listed here now the same ones that we listed when we did the original commercial area for the PUD? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. SUPERVISOR CHAMPAGNE-Any other questions? COUNCILMAN MONAHAN-I think Ted and I are both wondering if that drawing we're looking at there and I can't see it well enough from here is the same, we had one I think was in.....Jim. EXECUTIVE DIRECTOR, MR. MARTIN-When you called Betty, I looked through the files and we had handed it back there it is that's why we didn't have it. COUNCILMAN MONAHAN-Okay. This shows no entrance off Corinth Road. ATTORNEY LAPPER-No additional entrance. COUNCILMAN MONAHAN-So actually you are saying it shows an entrance. COUNCILMAN TURNER-No additional entrance. COUNCILMAN MONAHAN-I'm saying the lot itself is not going to have an entrance. MR. OPPENHEIM-That's correct no separate entrance. COUNCILMAN MONAHAN-I was concerned about one thing with the wording in here. I don't know why it sounded a little bit confusing like that. EXECUTIVE DIRECTOR, MR. MARTIN-That's addressed Betty in minimum frontage on a public road the last sentence. COUNCILMAN MONAHAN-Okay. Jim, I think we need to reference this. EXECUTIVE DIRECTOR, MR. MARTIN-It is left blank. The reference to a plan because I didn't know if you were going to change it and there might be a revision date forthcoming or if the date of the current plan is sufficient I didn't know how that was going to shake out. COUNCILMAN MONAHAN-I don't know if the other board members have seen this. Connie and Carol have you seen this in color it's a little easier in color? (Presented map of project to Councilman Pulver and Councilman Goedert) COUNCILMAN TURNER-Jim one thing in the resolution here in the first whereas, where it starts it's a run on paragraph. Planned Unit Development which is generally a neighborhood commercial zone. EXECUTIVE DIRECTOR, MR. MARTIN-It's not a true neighborhood commercial zone. It is not as defined in our Zoning Ordinance some of the uses are missing. COUNCILMAN MONAHAN-I would say we ought to put not as generally which is a restricted neighborhood commercial zone. EXECUTIVE DIRECTOR, MR. MARTIN-Limited is a word we've been using. COUNCILMAN MONAHAN-Okay, limited take generally right out. COUNCILMAN TURNER-I didn't like the sound of that. COUNCILMAN MONAHAN-It doesn't add anything to the sentence. Is everyone happy with the map? EXECUTIVE DIRECTOR, MR. MARTIN-Are you in the first whereas clause Betty? COUNCILMAN MONAHAN-Yes. It is a limited neighborhood commercial zone. EXECUTIVE DIRECTOR, MR. MARTIN-I think what is also causing some problem there, I don't think you would capitalize an neighborhood commercial zone because it is not a officially adopted zone just to be really technical about it. SUPERVISOR CHAMPAGNE-Any other questions, concerns? COUNCILMAN MONAHAN-Is everybody happy with that map because we need to put the date in. MR. OPPENHEIM-It was last revised 2/7/96. COUNCILMAN MONAHAN-2/7/96, revised. EXECUTIVE DIRECTOR, MR. MARTIN-The other date that needs to be supplied is when you would like the plantings installed by. We are coming up on a good time to plant now through basically the end of September is a pretty good time to plant. JIM MILLER-I would suggest doing this in the Spring because they are all pines trees and evergreens. This is an area where there is not going to be any maintenance so they are not proposing any construction to begin immediately. I think it would be safer to do the planting next Spring, we'll have a better survival rate. SUPERVISOR CHAMPAGNE-Is that what we want to put in there? COUNCILMAN MONAHAN-We ought to put a month in or a date? SUPERVISOR CHAMPAGNE-May 30th, 1997? COUNCILMAN MONAHAN-How does that sound to you? ATTORNEY LAPPER-We want the board to understand that we're happy to go ahead and put those in even though we don't have anything planned in terms of construction just for the neighbor. EXECUTIVE DIRECTOR, MR. MARTIN-That was part of the discussion before. COUNCILMAN MONAHAN-That was the idea to get that growing. EXECUTIVE DIRECTOR, MR. MARTIN-We do have a short form to take up later on in your resolutions and then actually enacting the changes made. COUNCILMAN MONAHAN-We should be doing the enacting of the non-significance first. EXECUTIVE DIRECTOR, MR. MARTIN-I don't know if you want to do it now or wait until your resolutions. COUNCILMAN MONAHAN-Do it right now we're right in the middle of it. I think right while we're in it it's better to do it than come back to it. SUPERVISOR CHAMPAGNE-Any other questions? MAYNARD SPRINGER, CORINTH ROAD-I'm just wondering about the impact of the traffic. Has there been a study of any kind where they've done a traffic impact on this? MR. OPPENHEIM-The answer to that is there has not been a, I mean there were many traffic studies done for the original Hudson Pointe Residential Project. But, based upon the incremental addition of this one acre lot to the existing neighborhood commercial for which traffic studies were done in the identified user, we don't see it as a designation type location we see it as convenience location picking up a lot of cars that are already passing by. The determination was that the added traffic is going to be totally very insignificant. MR. SPRINGER-There have been two bad accidents directly in front of my house in the last month and a half. I talked to a patrolman there and he said he would mention it to the Sheriffs Department, but I haven't seen any big difference on speed limits or traffic or anything. The speeding still continues if this is just going to add to this problem that we already have I wouldn't be to happy about it. I like to see something either a speed limit or something cut down a little bit. COUNCILMAN TURNER-That's already been done and they've turned it down Maynard. We asked for a reduction in speed they turned us down. SUPERVISOR CHAMPAGNE-The State studied it and reported back that it wasn't critical. MR. SPRINGER-There have been two bad accidents it's just a miracle that it wasn't a lot worse in the last month and a half. COUNCILMAN MONAHAN-There might be a possibility they would re-look at that if the accidents are....... SUPERVISOR CHAMPAGNE-Okay, thank you. Any other questions, concerns? I'll close the public hearing. PUBLIC HEARING CLOSED 7:15 P.M. ENVIRONMENTAL ASSESSMENT FORM PART II A, Does action exceed any type I threshold in 6 NYCRR, Part 617.l2? TOWN BOARD-No. B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 6l7.6? TOWN BOARD-No. C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? TOWN BOARD-No. C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? TOWN BOARD-No. C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? TOWN BOARD-No. C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? COUNCILMAN MONAHAN-It would be an intensity, I suppose. Single family before. But, on the other hand it is an extension of a commercial zone that is right beside it and it is a limited commercial zone, also. EXECUTIVE DIRECTOR, MR. MARTIN-A sununary would be minor due to the limited commercial zomng. COUNCILMAN MONAHAN-It is an extension of a limited commercial zone and that will be a limited commercial extension. EXECUTIVE DIRECTOR, MR. MARTIN-That's correct, do you have that then. C5, Growth, subsequent development, or related activities proposed action? likely to be induced by the TOWN BOARD-No. C6, Long term, short term, cumulative, or other effects not identified in C l-C5? COUNCILMAN MONAHAN-I think it would be a positive affect because it would allow the people in the area there to pick up the type of services that are being offered without traveling great distances. C7, Other impacts? TOWN BOARD-None. D, Will the proposed project have an impact on the environmental characteristics that cause the establishment of a CEA? TOWN BOARD-No. E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Okay, if you will review there is a statement on the reasons for supporting the determination. See if there is anything that causes..... COUNCILMAN MONAHAN-It's okay. EXECUTIVE DIRECTOR, MR. MARTIN-Is everybody all set with that? TOWN BOARD-All set. SUPERVISOR CHAMPAGNE-Okay, we're ready to vote. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF AMENDMENT TO ZONING ORDINANCE TO CHANGE THE DESIGNATION OF CERTAIN PROPERTY OWNED BY HUDSON POINTE, INC. FROM SR-1A TO ALLOW THE EXTENSION OF THE HUDSON POINTE PUD RESOLUTION NO.: 318,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is considering the application for a change of zone by Alan Oppenheim, ACO Property Advisors, Inc./Hudson Pointe, Inc., requesting that a certain parcel of property bearing Tax Map Number 148-1-2.1 located in the vicinity of 777 Corinth Road in the Town of Queensbury be rezoned from the current zoning of SR-1A (Suburban Residential- 1 Acre), to allow the extension of the Hudson Pointe Planned Unit Development (PUD) zoning district in such a manner that the above-referenced parcel would be included in the PUD, subject to certain conditions, and WHEREAS, the proposed action has been determined to be an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, the limiting conditions proposed as part of the rezoning, reviewing the Environmental Assessment Form, reviewing the criteria contained in ~6l7. 7, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, due to the conditions that have been proposed as part of the rezoning and the fact that the rezoning is consistent with uses allowed in an immediately adjoining area which was also the subject of a recent rezoning and accompanying environmental review, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part II of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that pursuant to ~6l7.7 and ~6l7.l2, the Negative Declaration presented at this meeting is hereby approved and the Executive Director is hereby authorized and directed to file the same, as may be necessary, in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF CERTAIN PROPERTY OWNED BY HUDSON POINTE, INC. (TAX MAP NO. 148-1-2.1) FROM SR-1A (SUBURBAN RESIDENTIAL -1 ACRE) TO ALLOW THE EXTENSION OF THE HUDSON POINTE PUD RESOLUTION NO. 319,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Alan Oppenheim, ACO Property Advisors, Inc./Hudson Pointe, Inc., petitioned the Town Board of the Town of Queensbury for a zoning change of property owned by Hudson Pointe, Inc., (Town of Queensbury Tax Map No. 148-1-2.1) located in the vicinity of 777 Corinth Road in the Town of Queensbury from SR-1A (Suburban Residential- 1 Acre) to a rezoning that is the same as recently established for adjoining parcel(s) as part of the Hudson Pointe Planned Unit Development and which is a limited neighborhood commercial zone - 10,000 Square Feet, subject to a number of conditions, and WHEREAS, on August 15, 1995, the Town of Queensbury Planning Board adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, the Warren County Planning Board recommended approval, concurring with local conditions, of the requested rezoning, and WHEREAS, a public hearing was held on this matter on October 16, 1995 and again on August 5, 1996, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the areas to be rezoned, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Hudson Pointe, Inc., (Town of Queensbury Tax Map No. 148-1-2.1) from SR-1A (Suburban Residential - 1 Acre) to allow the extension of the Hudson Pointe Planned Unit Development (PUD) zoning district thereby authorizing all uses permitted under ~ 179.25 of the Town of Queensbury Zoning Ordinance in such area, with the following restrictions and/or conditions: Lot NumberlSize: The lot is limited to its existing size. Subdivision of the lot is prohibited. Minimum Frontage on Public Road: Forty (40) feet. The commercial lots to be created along Corinth Road may front on a road over the sixty foot (60') ROW. The road servicing these lots shall be constructed to the Town standard by the developer of the new commercial lots. Access to the lot shall be through the road within the sixty-foot (60') right-of-way only. Minimum Yard Setbacks: One Acre Lot: Front Side with a ten foot (10') minimum. Rear Thirty feet (30') The sum of the side yards shall equal thirty feet (30') or more twenty feet (20') Minimum Permeable Area of Lot (%): Fifty percent (50%) Maximum Building Height: Forty feet (40') Permitted Principal Uses: Convenience store with gasoline pumps and no automobile sales or repair; grocery store; bank; hardware store; professional office including beauty shop. All of the above uses in designated commercial areas are allowed upon site plan review and approval by the Planning Board. Permitted Accessory Uses: Customary accessory uses and accessory use structures incidental to a permitted principal use. Density: One principal building up to 7,500 square foot in size per lot. Green Space: The developer(s) shall provide an area equivalent to percent (10%) of the overall gross lot area or 2,178 square feet, whichever is greater, to planted green space. To the extent that the green space is not contained in any required buffer areas, the green space shall be located in each front yard of the lot. Landscaping of this area shall be subject to review by the Town Beautification Committee and Planning Board Site Plan review and approval. Buffer Area: A buffer area consistent with the requirements outlined in ~ 179-72 shall be provided. The buffer area shall also include plantings and berming to sufficiently screen and obstruct the visual impacts associated with the permitted uses of the parcel. Planting and berming of the buffer area shall occur in two phases. The first phase will establish plantings as illustrated on the map dated February 7, 1996 (revised). These plantings are to be installed by May 30th, 1997. Phase Two of the planting and berming program shall occur with the site plan review process by the Town Planning Board. Declaration of Covenants and Restrictions: The execution by Developer of a Covenant of Declarations and Restrictions which restrict and limit the use of the property as indicated above and which may only be changed or modified by Town Board approval, thus modifying the existing Zoning Ordinance and Map; and BE IT FURTHER, RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and the Town Clerk is authorized to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change of zone and send a copy of this Resolution to the Executive Director of Community Development for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby directed to mail or send a copy of this Resolution Amending the Zoning Ordinance with a letter advising that the Town of Queensbury Zoning Ordinance has been amended as set forth herein to the applicant, if any, Warren County Planning Board, The Town of Queensbury Zoning Board of Appeals, the Town of Queensbury Planning Board, the Director of Building & Codes, and any agency which was an involved agency for SEQRA purposes, and BE IT FURTHER, RESOLVED, that pursuant to the requirements of Article XIII of the Town of Queensbury Zoning Ordinance and ~265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect upon filing of the same in the Office of Town Clerk. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING - LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME PARK - JAMES & DONNA MATTISON -JAMES MATTISON PRESENT OPENED NOTICE SHOWN SUPERVISOR CHAMPAGNE-I'll open the public hearing to locate a mobile home outside a mobile home park James & Donna Mattison. JAMES MATTISON-I'd like to upgrade myoid trailer with a new one. SUPERVISOR CHAMPAGNE-Okay. Anyone hear to speak against this proposal? Do you want to give us the location of this Mr. Mattison. MR. MATTISON-I live up on Ridge Road by the Harrisena Church. My address is 1649 Ridge. COUNCILMAN TURNER-I went up and looked at it. SUPERVISOR CHAMPAGNE-You did go look at it. COUNCILMAN PULVER-He has four letters in here of support for his upgrade. SUPERVISOR CHAMPAGNE-Any other questions from the board? COUNCILMAN MONAHAN-You asked if anyone wanted to speak against it. Did you ask if anybody wanted to speak for it from the audience? SUPERVISOR CHAMPAGNE-Anyone care to speak for it? We're moving along so nicely here. COUNCILMAN MONAHAN-I just wanted to add there is another letter of support. I gave it to the Town Clerk it is not included here it was from Mrs. Norma Stark and it was an approval and support. SUPERVISOR CHAMPAGNE-Alright, if there are no other comments, I will close the public hearing. PUBLIC HEARING CLOSED 7:21 P.M. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JAMES AND DONNA MATTISON RESOLUTION NO.: 320,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, James and Donna Mattison have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-l2 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 1649 Ridge Road, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on August 5, 1996 with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit in accordance with the terms and provisions of ~113-l2 of the Code of the Town of Queensbury. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING - PROVIDE STOP INTERSECTION AT THE INTERSECTION OF LOCKHART MOUNTAIN ROAD AND THE ENTRANCE TO THE TOP OF THE WORLD RESORT - ORDINANCE NO. 28. OPENED 7:25 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak on behalf of locating a, Dave Hatin? DIRECTOR OF BUILDING AND CODES, DAVE HATIN-I don't do stop signs. SUPERVISOR CHAMPAGNE-Does the board have any questions about locating that stop sign? I understand we located at the end of the road the first time and we're just changing end of the road is that what we're doing? COUNCILMAN PULVER-We're moving it. COUNCILMAN GOEDERT-We're removing the old one right? SUPERVISOR CHAMPAGNE-Yes. Okay, so we'll close that public hearing, I guess we're ready to vote that. PUBLIC HEARING CLOSED RESOLUTION TO ADOPT AN AMENDMENT TO ORDINANCE NO. 28 TO PROVIDE A STOP INTERSECTION AT THE INTERSECTION OF LOCKHART MOUNTAIN ROAD AND THE ENTRANCE TO THE TOP OF THE WORLD RESORT RESOLUTION NO. 321, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury deems it appropriate to adopt an Amendment to Ordinance Number 28 entitled "Ordinance Establishing Through Highway and Stop Intersections in the Town of Queensbury, County of Warren, State of New York," to provide a stop intersection at the intersection of Lockhart Mountain Road and the entrance to the Top of the World Resort, and WHEREAS, on July 1, 1996, the Town Board of the Town of Queensbury set a public hearing for August 5, 1996 at 7:00 p.m. on the proposed Amendment, and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the following Amendment be added to the Queensbury Ordinance Number 28: ORDINANCE NUMBER 28 (Amendment) Section 1. Ordinance Number 28 of the Town of Queensbury, establishing through highways and stop intersections in the Town of Queensbury, County of Warren and State of New York is hereby amended to add as a stop intersection the intersection of Lockhart Mountain Road and the entrance to the Top of the World Resort and a stop sign shall be erected at said intersection. Section 2. This Amendment shall take effect 10 days after its publication, posting and compliance with Section l683(a) of the Vehicle and Traffic Law. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None HEARING - UNSAFE STRUCTURE - EAST DRIVE- MR. LARRY R. DAVIS, JR. SUPERVISOR CHAMPAGNE-Dave do you want to walk us through this. DIRECTOR OF BUILDING & CODES, DAVE HATIN-Ifthe board will recall you set a hearing for tonight for the property owned by Larry Davis who is in the Navy. I personnally served his sister with the notice for the hearing tonight, explained the situation to her. Basically, I'm asking the board tonight is to start the thirty to sixty day time clock advising them that they must either repair or demolish the structure. I do have pictures of the structure if you want to look at it. I did find it opened today which it was not before. If you like, I can have the Grounds and Building crew go over and board that doorway up temporarily until we decide where we're going to go with this. COUNCILMAN GOEDERT -Do you think kids were in there? MR. HA TIN-It appears so somebody kicked the door in from the hinged side. COUNCILMAN PULVER-From the inside? MR. HATIN-Hinged side so it can't be closed and locked. SUPERVISOR CHAMPAGNE-Does the board have any comments, questions? COUNCILMAN GOEDERT-I've been over there and he is absolutely correct in this findings. SUPERVISOR CHAMPAGNE-I've seen it, too. COUNCILMAN MONAHAN-I assume that the pictures you are talking about Dave are the ones that we saw the last time. MR. HATIN-You didn't see any pictures of this structures the last time. COUNCILMAN PUL VER- The last one we saw was the Corinth Road. COUNCILMAN MONAHAN-Excuse me, then I didn't see it may I see the pictures, please. MR. HATIN PRESENTED PICTURES TO COUNCILMAN MONAHAN COUNCILMAN GOEDERT-This just starts the sixty day clock right? TOWN BOARD-Yes. RESOLUTION REGARDING UNSAFE STRUCTURE - EAST DRIVE- MR. LARRY R. DAVIS, JR. RESOLUTION NO. 322, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has heard a report from the Director of Building and Codes, Mr. David Hatin, concerning an unsafe structure located on East Drive in the Town of Queensbury bearing Tax Map No. 93.-3-6, and WHEREAS, the Town Board of the Town of Queensbury has been advised that notice of this hearing was served pursuant to ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after hearing from Mr. Hatin and after reviewing the documents submitted in connection with this matter, hereby determines that the structure is currently unsafe and dangerous and determines that the owner(s) of the structure should immediately start to repair or demolish and remove the structure and that the repair and/or demolition and removal shall be completed within sixty days of service of the Notice of this public hearing, and BE IT FURTHER, RESOLVED, that in the event that there is neglect or refusal to comply with the order of this Board to repair or demolish and remove the structure located on the property, the Town Board may take action to have the property demolished and removed and to assess all expenses thereof against the real property on which it is located and Town Counsel is authorized to commence an action for a Court Order authorizing the demolition and removal and/or may institute a special proceeding to collect the cost of the demolition and removal, including legal expenses, if necessary. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 323, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 5th day of August, 1996, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANIT ARY SEWAGE DISPOSAL ORDINANCE FOR STEPHEN C. MILLER, APPLICANT FOR PROPERTY OWNERS, HARLEY & RITA DEWEY RESOLUTION NO.: 18,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Mr. Stephen Miller, applicant for property owners Harley and Rita Dewey, has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a 92 feet distance between the seepage pit and a neighbor's well, a 145 feet distance between the seepage pit and another neighbor's well, and a 64 feet distance between the seepage pit and the owner's well, in lieu of the required 150 feet distance(s), NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 19, 1996, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Stephen C. Miller, as applicant for property owners Harley & Rita Dewey, to allow a 92 feet distance between the seepage pit and a neighbor's well, a 145 feet distance between the seepage pit and another neighbor's well, and a 64 feet distance between the seepage pit and the owner's well, in lieu of the required 150 feet distance(s), on property situated Birdsall Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 40, Block 1, Lot 19.2, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD AFTER VOTE: COUNCILMAN MONAHAN-Noted that one of the neighbors is not happy about the variance. Asked Mr. Hatin to look to see if there is any way it could be moved the legal distance from their well? MR. HATIN-We've already tried that with the owner, the second owner this property is for sale. The other option we have is the same situation you had last month where we reinstalled it in the same location. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 19,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and enters back into the Town Board of the Town of Queensbury. Duly adopted this 5th day of August, 1996, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None Absent:None CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Read following letter into the record. To: Kip Grant, Fire Marshal, Date: July 31, 1996 FROM: Mike O'Neil, Assistant Principal, Queensbury School Dear Kip: I just wanted to pass along a personal thank you to you for spending the time with our Pre-Kindergarten Program. These children are so impressionable at this time of their lives and having you visit and present your information will be something I'm sure they won't forget for the rest of their summer. Our Pre-Kindergarten Summer Program is one of the best anywhere and one of the reason is having visitors like yourself. Thanks again, and enjoy the remainder of your summer. Sincerely, Mike O'Neil Assistant Principal RESOLUTIONS RESOLUTION OF TOWN BOARD ORDERING DEMOLITION AND REMOVAL OF BUILDING OWNED BY HARLEY JAMES RESOLUTION NO. 324, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, after holding a hearing on May 20, 1996 by resolution no. 225, 96, determined that upon reviewing all available information, that the building owned by Harley James and located on property identified as tax map no.: 125-3-2 located on Corinth Road appeared to be unsafe and dangerous, potentially an object of attraction and a danger to minors, unfit for the purposes for which it may be lawfully used and irreparable, and further ordered that the building be repaired or demolished and removed, and in the event that the resolution of the Town Board was not complied with, that the Town Board would take action to have the property demolished, and WHEREAS, the Town Board has been advised that notice of the hearing and a copy of Resolution No. 225, 96 was served on the property owner and others having an interest in the property, pursuant to Section 130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that there has been a refusal or neglect of the property owner of that property bearing tax map no. 125-3-2 to comply with the order of the Town Board of the Town of Queensbury and the Town Board hereby authorizes the demolition and removal of the building by either Town employees or by contract, except that should the cost of demolition or removal exceed $7,000., the same shall be awarded by competitive bidding, and commencement of a special proceeding by Town Counsel, if necessary, to collect the costs of demolition and removal, including legal expenses, and BE IT FURTHER, RESOLVED, that all expenses incurred by the Town in connection with the proceedings to demolish and remove the unsafe building, including the cost of actually removing the building, shall be assessed against the real property in which such building is located, and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of special ad valorem assessments, and BE IT FURTHER, RESOLVED, that the Director of Building and Codes Enforcement is authorized and directed to take such further steps as may be necessary and appropriate to accomplish demolition of the building, so long as the terms and provisions of this resolution are adhered to, and BE IT FURTHER, RESOLVED, that a copy of this resolution shall be sent by certified mail, return receipt requested, to the property owner. Duly adopted this 5th day of August, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN PULVER-Questioned how many bids do they usually get for this? DIRECTOR OF BUILDING & CODES, MR. HATIN-Three. COUNCILMAN GOEDERT-Questioned if Mr. Hatin has spoken with Mike Palmer? MR. HATIN-No. COUNCILMAN GOEDERT-Questioned if this was an offer that we would want to give to them. DIRECTOR OF BUILDING & CODES, MR. HATIN-Noted he could persue that. This is a house that they would have to burn they could not use it for training, noted that is what Mr. Palmer prefers to do before he burns the house. COUNCILMAN PULVER-Noted if the fire department could use it for some sort of training first. DIRECTOR OF BUILDING & CODES, MR. HATIN-I can offer and make a phone call tomorrow. SUPERVISOR CHAMPAGNE-Fine. DIRECTOR OF BUILDING AND CODES, MR. HATIN-That will lessen the cost. SUPERVISOR CHAMPAGNE-We don't get bids we get requests for proposals don't we? DIRECTOR OF BUILDING & CODES, MR. HATIN-Basically, yes. TOWN COUNSEL, MARK SCHACHNER-Do you want in the first resolved it includes the option of having to seek a court order authorizing the demolition. That's not required, but you have sometimes still opted, I think. Do you want to include that or exclude that? It's in the brackets the sixth line of the first whereas. SUPERVISOR CHAMPAGNE-What has been our practice on that? DIRECTOR OF BUILDING & CODES, MR. HATIN-We haven't done it previously. SUPERVISOR CHAMPAGNE-So are we safe without it? TOWN COUNSEL SCHACHNER-We're authorized to do without. DIRECTOR OF BUILDING & CODES, MR. HATIN-Everybody was properly notified and we did try and serve the proper owner of the property even though her whereabouts aren't known we did serve her last residence that we knew of. Also, Harley James was served in the Warren County Adult Home. COUNCILMAN GOEDERT -As you are going west on Corinth Road this is on the right hand side just down from West Mountain? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes, right across from Adirondack Sharpening, I believe it is. COUNCILMAN GOEDERT-It is boarded up now? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. SUPERVISOR CHAMPAGNE-We've been working with this for over a year haven't we? DIRECTOR OF BUILDING & CODES, MR. HATIN-It's been about four years. COUNCILMAN GOEDERT-Noted she votes yes with the understanding that Mr. Hatin will talk to the Fire Chief. RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 325,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain Town Departments have requested fund transfers for the 1996 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1996 budget: CEMETERY: FROM: TO: $ AMOUNT: 02-8810-4400 (Contractual) 02-8810-4110 (Vehicle Repair & Maintenance) 300. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8010-4090 (Conference Expense) 01-8010-4400 (Misc. Contractual) 250. 01-8020-4400 (Misc. Contractual) 01-8020-1915-002 (Senior Typist - Overtime) 125. WASTE WATER: FROM: TO: $ AMOUNT: 032-9710-7010 (Serial Bond Interest) 032-8130-4425 (Sewer Charges) 37,610. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING JOHN GORALSKI TO PERMANENT CIVIL SERVICE STATUS RESOLUTION NO.: 326,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury by resolution no. 186,95, appointed Mr. John Goralski provisionally to the previously established position of Code Enforcement Officer until such time as Mr. Goralski passed the Civil Service Examination, and WHEREAS, by resolution no. 233, 95, the Town Board of the Town of Queensbury amended the title ofMr. Goralski's position to "Code Compliance Officer," and WHEREAS, Mr. John Goralski has passed the Civil Service examination for the Code Compliance Officer position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. John Goralski to the position of Code Compliance Officer and that he be given permanent status, with a twenty-six week probationary period to commence on the date of this resolution, in accordance with the Civil Service laws, rules, and regulations of the State of New York, Warren County, and Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to complete any civil service forms that may be necessary to effectuate the terms and provisions of this resolution. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Noted there is a space in the resolution that needs to be filled in. SUPERVISOR CHAMPAGNE-Questioned how long Mr. Goralski has been with the town? EXECUTIVE DIRECTOR, MR. MARTIN-One year. There is a probationary period that is called for upon successful completion of the test. SUPERVISOR CHAMPAGNE-The minimum is eight weeks up to twenty-six weeks in the maximum. COUNCILMAN MONAHAN-Noted normally six months is the standard procedures with civil service. EXECUTIVE DIRECTOR, MR. MARTIN-So do you want to say twenty-six weeks? Noted that Mr. Goralski placed first on the test. COUNCILMAN GOEDERT -Noted that she has received nothing but compliments regarding Mr. Goralski. SUPERVISOR CHAMPAGNE-Noted twenty-six week probationary period after one year. RESOLUTION TO APPOINT MEMBERS TO TOWN ZONING BOARD OF APPEALS RESOLUTION NO. 327, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town Zoning Board of Appeals (ZBA) pursuant to New York State Town Law Section 267, and WHEREAS, two members of the ZBA have recently resigned creating two (2) vacancies, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Donald W. O'Leary to serve as a member of the Zoning Board of Appeals, effective immediately, to fill the unexpired term of Thomas Ford, said term to expire on December 31, 1998, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Lewis M. Stone to serve as a member of the Zoning Board of Appeals, effective September 14, 1996, to fill a vacancy left by Fred Carvin, said term to expire on December 31, 2001. Duly adopted this 4th day of August, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the board regarding the Chairman of the Zoning Board. Noted the Board did a poll and decided on Chris Thomas as the Chairman, but it requires a resolution from the Town Board to do that. COUNCILMAN MONAHAN-Noted right now they have him as Co-Chairman. COUNCILMAN TURNER-With the recommendation he be appointed. COUNCILMAN MONAHAN-Noted he is Secretary of the Board. Questioned when you are Secretary of the Board can you also serve as Co-Chairman at the same time? TOWN COUNSEL, MR. SCHACHNER-No. They should change that, there is not really a Co-Chairman either. Noted the appropriate thing to do is after the current Chairman has step down the new member should vote on a Chairman. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1996 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 34 TO BE ENTITLED, "RETIREMENT INCENTIVE PROGRAM" WHICH CHAPTER SHALL AUTHORIZE A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES OF THE TOWN OF QUEENSBURY RESOLUTION NO. 328, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _, 1996 "A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 34 to be Entitled, 'Retirement Incentive Program,' Which Chapter Shall Authorize a Retirement Incentive Program for Eligible Employees of the Town of Queensbury," and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law of the State of New York and Chapter 30, Laws of 1996 of New York State, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 19th day of August, 1996, to consider said Local Law No. _, 1996 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1996 in the manner provided by law. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION RETAINING PROFESSIONAL ENGINEERING SERVICES OF H. THOMAS JARRETT, P.E. CONCERNING THE FROEHLICH PROJECT - CLEVERDALE ROAD STORMW ATER MANAGEMENT SYSTEM RESOLUTION NO.: 329,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has been awarded a grant for $20,000. from the Lake George Association to undertake development of a stormwater management system along the north section of Cleverdale Road between Fielding Lane and the intersection of Mason Road and Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury and the Lake George Association have initiated conceptual planning and design of the aforementioned stormwater management system, and WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of an engineering firm to provide technical assistance toward the conceptual design of that system and to assist with planning for a possible future stormwater management system along Mason Road and/or the section of Cleverdale Road north of the Mason Road intersection, and WHEREAS, H. Thomas Jarrett, P.E., Professional Engineer, in his letter and proposed agreement to the Town Board dated July 8, 1996, offered to perform the engineering services to be completed during the planning and conceptual design phase of the project, a copy of said letter and proposed agreement being presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention ofH. Thomas Jarrett, P.E., to provide the services described in the preambles hereof at a cost not to exceed $8,500., and BE IT FURTHER, RESOLVED, that Mr. Jarrett will submit the invoice for his services directly to the Lake George Association for payment with the Lake George Association in turn invoicing the Town, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign the letter agreement in form approved by Town Counsel. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Noted that Thomas Jarrett is a member of the Environmental Advisory Board. RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF ENTITLED "ZONING" RESOLUTION NO. 330, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of a Local Law, titled "A Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled 'Zoning' to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto", and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, a completed Part I of a Long Environmental Assessment Form has also been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and/or the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified, and WHEREAS, it is necessary to hold a public hearing prior to adopting said proposed Local Law, and WHEREAS, it is also necessary to provide notice to other governmental bodies or agencies as required by law, and WHEREAS, it is also necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed Local Law amending Chapter 179 of the Code of the Town of Queensbury entitled 'Zoning", and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Zoning Administrator to such other involved agencies as may be required under SEQRA to notify the agencies of this action and that the Town Board desires to be lead agency in a coordinated review and that a lead agency must be agreed to within 30 days, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on August 19, 1996, at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed Local Law, titled "A Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled 'Zoning' to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto", amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by Town Counsel and substantially in conformance with the Notice presented at this meeting, for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described 10 days prior to the public hearing to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, the Notice of Public Hearing and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is also hereby directed to send a copy of the proposed amendment, Notice of Public Hearing, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF BIG BROTHERS/BIG SISTERS OF WARREN, WASHINGTON, AND NORTHERN SARATOGA COUNTIES RESOLUTION NO. 331, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Tri-Counties Big Brothers/Big Sisters Organization has requested permission to conduct a foot race for the benefit of their organization as follows: SPONSOR: Big Brothers/Big Sisters of Warren, Washington and Northern Saratoga Counties EVENT: Foot Race DATE: Saturday, August 17, 1996,9:00 a.m. PLACE: Beginning at the Town Office Building, Haviland Road, Meadowbrook Road, Cronin Road, Bay Road, Bayberry Court and ending at the Town Office Building (see attached map); and WHEREAS, Paul H. Naylor, Town Highway Superintendent, and Fred Austin, Warren County Highway Superintendent, have approved of said race course, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from Big Brothers/Big Sisters of Warren, Washington and Northern Saratoga Counties to hold a Foot Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, MR. SCHACHNER-Noted the Sponsors of the race neglected to include Bayberry Court on their list of roads requested for approval. Received letter of approval from Highway Superintendent, Paul Naylor regarding road. Town Board in agreement to add road. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1996 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING CHAPTER 11 THEREOF, ENTITLED, "ELECTIONS" RESOLUTION NO. 332, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1996, A Local Law to Amend the Code of the Town of Queensbury by Repealing Chapter 11 thereof, entitled, "Elections," which Chapter presently requires that to vote in any special election held in and for the Town of Queensbury pursuant to the provisions of the Town Law, persons must be registered to vote with the Warren County Board of Elections, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 19th day of August, 1996, to consider said Local Law No. _, 1996 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _,1996 in the manner provided by law. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1996 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 124 THEREOF ENTITLED "PARKS AND RECREATION AREAS" TO AMEND SECTIONS l24-6C, 7C AND 8C RELATIVE TO PAYMENT OF RECREATION FEES RESOLUTION NO. 333, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1996, a Local Law to Amend the Code of the Town of Queensbury, Chapter 124 Thereof entitled "Parks and Recreation Areas" to amend Sections l24-6C, 7C and 8C to generally provide that payment of Recreation Fees will be paid at the time that a building permit application is submitted rather than at the time of final site plan approval, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 19th day of August, 1996, to consider said Local Law No. _, 1996 and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1996 in the manner provided by law. Duly adopted this 4th day of August, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR HARRIS, TOOMEY, ZVERBLIS & OUDERKERK FROM RR-3A TO SR-1A TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 334, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, any and all applications for rezoning first go to the Planning Department and Planning Board for recommendations pursuant to ~ 179-94 of the Town of Queensbury Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Rezoning Applications and take such other action as it shall deem necessary and proper, and WHEREAS, the property owners listed below have submitted a Petition for a Change of Zone as described below and such Petition has been reviewed by the Town Planning Staff and deemed complete for purposes of review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: APPLICATION OF: MR. RONALD & MRS. SHIRLEY HARRIS, MR. HOWARD & MRS. BARBARA TOOMEY, MR. FRANK ZVERBLIS (BETTY ZVERBLIS), AND MR. ALBERT & MRS. ELEANOROUDERKERK TAX MAP NO. 'S: 48-3-53, 48-3-51.1, 48-3-49.1, 46-1-3, 48-3-51.5 and 48-3-51.4 PROPERTY LOCATION: Bay and Sunnyside Roads, Queensbury, New York 12804 APPLICATION FOR: Rezoning from RR-3A to SR-1A and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agency for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:None ABSTAIN:Mrs. Monahan DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Spoke to the board regarding the Master Plan and the Rezoning of the Town, noting that we shouldn't be doing these new major rezoning's. Questioned if the results of the soil test have been sent in noting the Planning Board needs this? EXECUTIVE DIRECTOR, MR. MARTIN-No. They have done some testing and some soil analysis but not to the degree and detail that we're ultimately going to want to see. COUNCILMAN MONAHAN-Noted before this goes, is the staff going to have time to do comments and check and see if this is or is not in accordance with the present Master Plan? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. RESOLUTION ESTABLISHING BUILDING & CODE ENFORCEMENT OFFICER POSITION RESOLUTION NO.: 335,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury Department of Community Development has the function of administering and enforcing the New York State Building Codes, as well as various other local laws for the purpose of protecting the health, safety and welfare of Town residents, and WHEREAS, the Town of Queensbury presently has established the position of Assistant Building and Zoning Enforcement Officer, and WHEREAS, the Town Board of the Town of Queensbury desires to establish a new position of Building and Code Enforcement Officer to more accurately reflect the existing administration and enforcement practice relating to the aforementioned laws through the provision of properly qualified staff, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury does hereby establish the position entitled, "Building and Code Enforcement Officer" for the purpose of providing effective enforcement of the New York State Building Codes, and various other local laws as directed by the Town Board. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION UPGRADING TITLE FROM ASSIST ANT BUILDING AND ZONING ENFORCEMENT OFFICER TO BUILDING AND CODES ENFORCEMENT OFFICER FOR JOHN O'BRIEN AND JOEL CLUGSTONE RESOLUTION NO. 336, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has previously established the position of Building and Codes Enforcement Officer, and WHEREAS, the Executive Director of Community Development and the Director of Building and Codes, as the department head and immediate supervisor for this position have recommended an upgrade for the job titles of John O'Brien and Joel Clugstone from Assistant Building and Zoning Enforcement Officer to Building and Codes Enforcement Officer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby changes the job titles for John O'Brien and Joel Clugstone from Assistant Building and Zoning Enforcement Officer to Building and Codes Enforcement Officer, with no adjustment in salary, said changes in title to commence upon the adoption of this Resolution, and said positions to be provisional upon successful completion of the Civil Service Test. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned which of the two candidates is the newest? EXECUTIVE DIRECTOR, MR. MARTIN-Noted Joel Clugstone. COUNCILMAN GOEDERT-Questioned how long Mr. Clugstone has been with the town? EXECUTIVE DIRECTOR, MR. MARTIN-One year, five months. COUNCILMAN GOEDERT-Mr. O'Brien? EXECUTIVE DIRECTOR, MR. MARTIN-Three years in November. COUNCILMAN GOEDERT-Questioned if this makes a change in salary? EXECUTIVE DIRECTOR, MR. MARTIN-No. COUNCILMAN GOEDERT-Questioned if Mr. Martin felt it is appropriate to upgrade them both? EXECUTIVE DIRECTOR, MR. MARTIN-They both act independently and can function on any given day, any given project. They regularly inspect commercial, residential, industrial projects, both of them interchangeably even on the same project itself. They are both fully qualified, fully capable to do the same type of work. Noted he is trying to establish in the department a rank order of chain of command. They are both fully qualified in terms of their college education and also have all the code schooling from New York State. COUNCILMAN GOEDERT-Questioned if the one year, five month employment is long enough to go into this position, your feeling is as long as they have the schooling and have complied with the schooling..... EXECUTIVE DIRECTOR, MR. MARTIN-I think it's that in combination with the experience that they've demonstrated. Noted in his specific case, feels a year and four months is sufficient. RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO.3 RESOLUTION NO. 337, 96 INTRODUCED BY: Mrs. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of considering an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Central Queensbury Quaker Road Sewer District Extension No.3, and WHEREAS, a District Extension Map has been prepared regarding the said proposed extension to the existing Central Queensbury Quaker Road Sewer District, such extension on Route 9, to include lands of Meadow Run Development Corp. (tax map #72-6-26) and Storytown USA, Inc. (tax map #72-6-27.2), with the boundaries of the proposed extension being more fully set forth herein and on the District Extension Map, and WHEREAS, the District Extension Map has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the District Extension Map was prepared by VanDusen & Steves Land Surveyors, and WHEREAS, said District Extension Map shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District, with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, to be used in accordance with the terms and provisions of an Agreement and the transmission mains of the Central Queensbury Quaker Road Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article l2A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law, Section 206A, and WHEREAS, an Environmental Assessment Form has been prepared and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board shall consider establishing the proposed extension to the Central Queensbury Quaker Road Sewer District, the same being briefly previously described in this Resolution and more fully in the District Extension Map presented at this meeting, said sewer extension to be known as the Central Queensbury Quaker Road Sewer District Extension No.3; 2. The boundaries of the proposed extension are as set forth in the attached District Extension Map; 3. 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 Central Queensbury Quaker Road Sewer District; 4. In accordance with Town Law, Section 206A, all expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 5. The District Extension Map describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 6. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, on the 19th, day of August, 1996 for the said sewer extension in accordance with the terms and provisions of this Resolution and to hear all persons interested in the proposal and to take such other and further action as may be required or allowed by law; 7. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than ten (10) days nor more than twenty (20) days before the hearing date set forth herein and as required by Town Law, Section 209-D, and complete or arrange for the securing of two (2) affidavits of publication of notice and two (2) affidavits of posting of notice of the public hearing as required thereby, and it is further RESOLVED, that the Town Counsel and appropriate Town personnel are hereby authorized and directed to notify the New York State Department of Environmental Conservation and the New York State Department of Health of the public hearing and proposed action and advise them that the Town Board of the Town of Queensbury desires to coordinate a SEQRA review of the proposed action and to act as lead agency in the review of said action pursuant to the State Environmental Quality Review Act and the Town Counsel is also authorized to forward a copy of this Resolution, Part 1 of the Environmental Assessment Form presented at this meeting, and notice of the hearing date to the aforementioned involved agencies, with such other and further documentation as may be deemed necessary or appropriate by the Town Counsel. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 91 THEREOF, ENTITLED, "FLOOD DAMAGE PREVENTION" AND REPLACING IT WITH A NEW CHAPTER 91 ENTITLED, "FLOOD DAMAGE PREVENTION" RESOLUTION NO. 338, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury a Local Law to Amend the Code of the Town of Queensbury by Repealing Existing Chapter 91 thereof, entitled, "Flood Damage Prevention," and replacing it with a new Chapter 91 entitled "Flood Damage Prevention," which new Chapter 91 incorporates changes made by the Federal Emergency Management Agency (FEMA) in the existing floodplain management regulations, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 4:30 p.m., on the 12th day of August, 1996, to consider said Local Law and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 5th day of August, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None PLANNED DISCUSSION ITEMS OLD BUSINESS COUNCILMAN MONAHAN-Questioned if a date has been set regarding the Information Meeting for North Queensbury Sewer. SUPERVISOR CHAMPAGNE-Not yet, awaiting word from Mr. Geiss. COUNCILMAN PULVER-Noted the Water and Sewer Meeting will be held at on August 15th, 1996 at 1:30p.m. Asked Kim Heunemann, Supervisor's Secretary to make note of this and advertise it. INDIAN RIDGE ENVIRONMENTAL ASSESSMENT COUNCILMAN GOEDERT-Turned over petitions and letters that she has received regarding the Indian Ridge PUD to the Deputy Town Clerk. PROPOSED INDIAN RIDGE PUD ENVIRONMENTAL ASSESSMENT FORM IMPACT ON LAND EXECUTIVE DIRECTOR, MR. MARTIN-Will the proposed action result in a physical change to the project site? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-I'll go through the examples. Any construction on slopes of 15% or greater, (15 foot rise per 100 foot length), or where the general slopes in the project area exceed 1O%. COUNCILMAN MONAHAN-My understanding, no. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction on land where the depth to the water table is less than 3 feet. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction on paved parking area for 1,000 or more vehicles. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction that will continue for more than 1 year or involve more than one phase or stage. TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-I went through and checked the phasing plan that was submitted on May 6th, it shows seven phases and that includes the one for the senior housing complex. COUNCILMAN MONAHAN-So it is a yes. EXECUTIVE DIRECTOR, MR. MARTIN-Would you consider that to be small to moderate impact or potentially large? COUNCILMAN GOEDERT-Is there a guideline? EXECUTIVE DIRECTOR, MR. MARTIN-No. The only other thing, I would add is the developer has indicated a seven year build-out. There has been varying opinions on that it may be somewhat longer so that would give you some guidance as to the pace of that development. COUNCILMAN PULVER-I'd say small. SUPERVISOR CHAMP AGNE-I would suggest small, too. I'd rather have it be a seven year build out than a one or a three or a five, I'd say small. EXECUTIVE DIRECTOR, MR. MARTIN-Is that a consensus opinion? COUNCILMAN MONAHAN-I think so Jim. COUNCILMAN GOEDERT-I have to do some math. COUNCILMAN TURNER-Yeah. He indicated to us he would only be doing twenty units a year. EXECUTIVE DIRECTOR, MR. MARTIN-We have a hundred eleven single families and your eighteen duplexes that would give you a total of a hundred twenty-nine residential units plus the sixty-one with the senior housing. There would be varying times when that would come on. Divided by even seven years would allow for approximately eighteen units a year. Small to moderate then? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Excavation for mining purposes that would remove more than 1,000 tons of natural material ( i.e., rock or soil) per year. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction or expansion of a sanitary landfill. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction in a designated floodway. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Any other impacts that come to mind? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-2. Will there be an effect to any unique of unusual land forms found on the site (i.e., cliffs, dunes, geological formations, etc.) TOWN BOARD-No. IMPACT ON WATER EXECUTIVE DIRECTOR, MR. MARTIN-Will proposed action affect any water body designated as protected? COUNCILMAN MONAHAN-I think we have to answer the questions underneath that first. EXECUTIVE DIRECTOR, MR. MARTIN-Looking at the examples. Developable area of site contains a protected water body. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Dredging more than 100 cubic yards of material from channel of a protected stream. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Extension of utility distribution facilities through a protected water body. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction in a designated freshwater or tidal wetland. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Then reconsidering number three. TOWN BOARD-It would be no. EXECUTIVE DIRECTOR, MR. MARTIN-4. Will propose action affect any non-protected existing or new body of water? COUNCILMAN MONAHAN-Let's do the examples first. EXECUTIVE DIRECTOR, MR. MARTIN-Examples would include. A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN -Construction of a body of water that exceeds 10 acres of surface area. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Any other impacts. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Okay. Reconsidering number four then. COUNCILMAN TURNER-It's a no. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-5. Will propose action affect surface or groundwater quality or quantity? COUNCILMAN MONAHAN-Let's go through the examples. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will require a discharge permit. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Construction or operation causing any contamination of a water supply system. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will adversely affect groundwater? COUNCILMAN MONAHAN-I'm going to leave that one right now. COUNCILMAN PUL VER-I don't think it does. COUNCILMAN MONAHAN-The only reason I'm leaving that right now, we had the applicant's engineering and geological studies which says it doesn't. I am not completely satisfied with the way that was reviewed by our engineer that's why I just put a question mark there, frankly. SUPERVISOR CHAMPAGNE-If we say no we can still go back and ask for a greater definition. COUNCILMAN MONAHAN-That's my concern that letter really doesn't mean a tap that we got. SUPERVISOR CHAMPAGNE-Let's vote as far as the board's concerned relative, you just want to leave that undone? COUNCILMAN MONAHAN-For right this minute, yeah. COUNCILMAN TURNER-You want to answer the rest of the questions in this section and then come back to it? COUNCILMAN MONAHAN-Yeah. EXECUTIVE DIRECTOR, MR. MARTIN-Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action would use water in excess of 20,000 gallons per day. They do have a water usage rate at 51,600 gallons per day at full build-out. TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Would you consider that small to moderate or potentially large. TOWN BOARD-Small to moderate. COUNCILMAN MONAHAN-I would say small to moderate because our plant has plenty of capacity for that. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will allow residential uses in areas without water and/or sewer services. COUNCILMAN MONAHAN-Without sewer EXECUTIVE DIRECTOR, MR. MARTIN-Correct. That being the case would you consider that to be small to moderate or potentially large. COUNCILMAN PUL VER-I say small to moderate. Everything over there has septic systems. EXECUTIVE DIRECTOR, MR. MARTIN-Small to moderate is the consensus? SUPERVISOR CHAMP AGNE- That's my vote. COUNCILMAN TURNER-Yeah. COUNCILMAN PULVER-Everything is suppose to have septic over there. COUNCILMAN MONAHAN-Well yeah, but the question then goes what the ground is for the septic. COUNCILMAN PUL VER-I think the soils show that it will accept the septic. COUNCILMAN MONAHAN-That's what I said. I'm unhappy that we didn't get a little better review from our own engineer that's my point. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action locates commercial and/or industrial use which may require new or expansion of existing waste treatment and/or storage facilities. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Any other impacts. COUNCILMAN GOEDERT-I think you also have to go back to the proposed action will allow residential uses in areas without water and/or sewer services and find out if that's small or moderate or large. COUNCILMAN TURNER-We did. EXECUTIVE DIRECTOR, MR. MARTIN-I had small to moderate. Is there any question about the consensus. COUNCILMAN GOEDERT-Okay, I guess I didn't catch it. EXECUTIVE DIRECTOR, MR. MARTIN-Let's make sure do we have a small to moderate? COUNCILMAN PUL VER-I have small to moderate. SUPERVISOR CHAMPAGNE-That's what I have. COUNCILMAN TURNER-Yeah. EXECUTIVE DIRECTOR, MR. MARTIN-Taking up the proposed action will adversely affect groundwater. COUNCILMAN PUL VER-I still say no. COUNCILMAN GOEDERT -I say yes, excuse me I take that back. SUPERVISOR CHAMPAGNE-Again, from all engineering results obviously it has been identified as not having an impact. Betty's concern is that the Town Engineer needs to do a more complete and through reVIew. COUNCILMAN MONAHAN-I think for that and the septic both. That's my concern that it was like a motherhood and apple pie letter that I didn't think had much merit frankly. I'm not sure what the quality of their review is, I guess is what I'm really saying from that letter. They certainly didn't do much detail about what kind of review that had done. COUNCILMAN GOEDERT-Jim what's your opinion? EXECUTIVE DIRECTOR, MR. MARTIN-I just made a notation from the data we had that there have been eight test pits dug at the site. Four on March, 89 and four on July, 95. The recorded percolation times were one minute fifteen seconds to two minutes was the range at all eight sites. COUNCILMAN MONAHAN-Which is a fast percolation rate. EXECUTIVE DIRECTOR, MR. MARTIN-It's in the acceptable range, but it is at the lower end of the acceptable range there is no doubt about that. COUNCILMAN GOEDERT-Why is our response from our own engineer so poor? EXECUTIVE DIRECTOR, MR. MARTIN-It basically says that the engineering done was done according to acceptable professional standards. COUNCILMAN MONAHAN-As you requested we have reviewed the Traffic Impact Studies Summary Soil Investigation Geohyrological Investigation Report for the above reference project. All the studies appear to be based on relevant data and were conducted in accordance with usual professional standards. The conclusion reached appeared to be supportive by the data and analysis performed. That's kind of a letter that could be read anyway you want it to, everything is appear. SUPERVISOR CHAMPAGNE-What do you want to do with it? COUNCILMAN MONAHAN-I frankly think that right now I want a little bit more detailed answer from our engineer on that. COUNCILMAN PUL VER-I think we need to be specific when we go back to him. Tell him exactly what it is that we want not just a generic letter. COUNCILMAN MONAHAN-I agree. SUPERVISOR CHAMPAGNE-The only way he is going to accept that responsibility obviously is for him to go out.... COUNCILMAN GOEDERT -Do we not have him on retainer? SUPERVISOR CHAMPAGNE-He is on retainer. I don't know that his firm has that type of expertise or not. EXECUTIVE DIRECTOR, MR. MARTIN-Oh yeah. SUPERVISOR CHAMP AGNE- They do. That's what you want Betty a second evaluation based on our engmeers. COUNCILMAN TURNER-A better answer than we have here. COUNCILMAN MONAHAN-I've seen them do a better thing when they appear before the Planning Board on a subdivision than this here is. SUPERVISOR CHAMPAGNE-What do you want to do? COUNCILMAN PULVER-Have them review it. COUNCILMAN TURNER-I want a better answer than that it doesn't say anything. EXECUTIVE DIRECTOR, MR. MARTIN-So you want to leave proposed action will adversely affect groundwater as a question mark. The response to number five, I believe is yes even by virtue of the small to moderate response given to the example further down the list. We gave a small to moderate response on the proposed action will allow residential uses in areas without water and/or sewer services. So it's yes to number five? COUNCILMAN MONAHAN-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Leave a question mark on that one example. 6. Will proposed action alter drainage flow or patterns, or surface water runoff? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Examples would include. Proposed action would change flood water flows. COUNCILMAN GOEDERT-I put yes, but I didn't know if I should judge within the flood plain or just runoff water that has flooded the surface. EXECUTIVE DIRECTOR, MR. MARTIN-I think typically that refers to flood water flows in a flood zone. COUNCILMAN GOEDERT-If it appears for the flood zone then the answer has to be no. COUNCILMAN MONAHAN-So it's a nla. EXECUTIVE DIRECTOR, MR. MARTIN-It's not applicable. COUNCILMAN MONAHAN-It's a nla. EXECUTIVE DIRECTOR, MR. MARTIN-Top of page eight. Proposed action may cause substantial erosIOn. COUNCILMAN MONAHAN-I think it could, but it's already been mitigated by the way we've made the envelopes and stuff around those lots there. COUNCILMAN GOEDERT-If the header question is not applicable why are we doing the bullet? EXECUTIVE DIRECTOR, MR. MARTIN-It was the one bullet that we listed as non-applicable. COUNCILMAN GOEDERT-I'm sorry. I just have to change my page with the question. COUNCILMAN MONAHAN-It could, but I think with the constraints that have been put in there no it will not. I don't know how you word that. EXECUTIVE DIRECTOR, MR. MARTIN-We have the three indications so far of the grading of the site. Those came in the typical site plan the typical site section and the overall drainage systems schematics. Those came on three different dates and they all showed the grading that Betty refers to basically from the back of the lot towards the street. COUNCILMAN MONAHAN-So maybe we should do that a no, but then list those things that you just listed Jim. EXECUTIVE DIRECTOR, MR. MARTIN -You might want to consider saying small to moderate and can be mitigated by a project change. That would be the grading at shown on those plans. The next question. Proposed action is incompatible with existing drainage patterns. COUNCILMAN MONAHAN-Not if their engineering study is correct. EXECUTIVE DIRECTOR, MR. MARTIN-Is that a consensus opinion on that? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will allow development in a designated floodway. TOWN BOARD-No. IMPACT ON AIR EXECUTIVE DIRECTOR, MR. MARTIN-7. Will proposed action affect air quality? SUPERVISOR CHAMPAGNE-No. COUNCILMAN TURNER-No. COUNCILMAN MONAHAN-Wait a minute you have to do the things first. EXECUTIVE DIRECTOR, MR. MARTIN-I'll go through the examples quickly. Proposed action will induce 1,000 or more vehicle trips in any given hour. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will result in the incineration of more than 1 ton of refuse per hour. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will allow an increase in the amount ofland committed to industrial use. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will allow an increase in the density of industrial development within existing industrial areas. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-So number seven consensus opinion is no? TOWN BOARD-No. IMP ACT ON PLANTS AND ANIMALS EXECUTIVE DIRECTOR, MR. MARTIN-Will proposed action affect any threatened or endangered species? TOWN BOARD-Yes. COUNCILMAN PULVER-Let's read the bullet. EXECUTIVE DIRECTOR, MR. MARTIN-First example. Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. COUNCILMAN MONAHAN-Yes. COUNCILMAN TURNER-Yes. COUNCILMAN PULVER-What's been found there? COUNCILMAN MONAHAN-The Blue Lupine is there. COUNCILMAN PUL VER- They haven't found any Blue Lupine there. COUNCILMAN MONAHAN-I beg your pardon, there is Butterfly Weed, I don't have the list, but I've been told that's on the New York State Protected List. I can't verify that, I mean I don't have my list with me so I don't know. COUNCILMAN PUL VER-I think we have to have it verified. COUNCILMAN MONAHAN-Normally we have a report from a Botanist. I know we have the one from the lady at DEC, but I believe she was just asked to look for Blue Lupine. We do not as far as I know have a complete Botanist list from a accredited Botanist am I correct Jim in that? EXECUTIVE DIRECTOR, MR. MARTIN-The only thing that we have in that regard in from Kathy O'Brien. SUPERVISOR CHAMP AGNE- That was only the search for Lupine, Jim? EXECUTIVE DIRECTOR, MR. MARTIN-As far I know, yes. COUNCILMAN GOEDERT-What is the other one? COUNCILMAN MONAHAN-The other one, I'm aware of and I did not walk the whole property there is Butterfly Weed there. I was told, I don't have my list to check that it's on the New York State Protective so we do need to protect that before we answer this. EXECUTIVE DIRECTOR, MR. MARTIN-I'm reading it again. Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. COUNCILMAN MONAHAN-They are both on the site if you are going to rip them up, there are going to be reduced it's as simple as that. COUNCILMAN GOEDERT -Jim in Kathy O'Brien's letter can you read that? EXECUTIVE DIRECTOR, MR. MARTIN-That's one thing, I didn't bring. COUNCILMAN MONAHAN-Jim was that by any chance part of the record when they had many of these meetings? EXECUTIVE DIRECTOR, MR. MARTIN-It's referenced in the Developers Agreement. SUPERVISOR CHAMPAGNE-Betty what do you propose here for mitigation, I mean what is it that you want to do? COUNCILMAN MONAHAN-I'm just answering the question. I'mjust saying it is there. I think we just go down and answer the question first then we come back. COUNCILMAN GOEDERT-Is the butterfly the endangered species or is the plant? SUPERVISOR CHAMPAGNE-The plant. EXECUTIVE DIRECTOR, MR. MARTIN-The butterfly is the endangered species, but given the fact that the plant is the primary source of food for the butterfly it also is. COUNCILMAN MONAHAN-It is also on the Federal Protected List. Let's just finish the question then we'll look at impacts, okay. EXECUTIVE DIRECTOR, MR. MARTIN-Removal of any portion of a critical or significant wildlife habitat. I think that's where it would be more appropriate, an answer about the plant life, Betty. COUNCILMAN MONAHAN-Wherever. SUPERVISOR CHAMPAGNE-What are we going to put there, large? COUNCILMAN MONAHAN-I thought of wild life, I was thinking of animal life. EXECUTIVE DIRECTOR, MR. MARTIN-As I recall the Lupine patch was going to be avoided in the development. COUNCILMAN MONAHAN-Not according to the letter from Kathy O'Brien. That's what she wanted to be and she wanted some of those lot lines moved, I don't think the developer did that. SUPERVISOR CHAMP AGNE-I think I remember that being done. EXECUTIVE DIRECTOR, MR. MARTIN-The only Lupine patch was found on the proposed senior housing site. COUNCILMAN TURNER-That's the only one. COUNCILMAN GOEDERT-I think you have to disclose that you went over there and walked it and you yourself found the Lupine. EXECUTIVE DIRECTOR, MR. MARTIN-Is there any consensus opinion on small to moderate, potentially large? COUNCILMAN TURNER-Small to moderate, I would say. SUPERVISOR CHAMPAGNE-That would be my response. I thought that was done and over with when the gal from DEC made the presentation. There was some changes in the design of the project satisfied me. COUNCILMAN MONAHAN-Let's leave that we'll come back to it. After we get done we'll ask the developer if there were changes done. EXECUTIVE DIRECTOR, MR. MARTIN-Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. COUNCILMAN MONAHAN-Are we talking about on lawns? We are we talking about doing this Jim? EXECUTIVE DIRECTOR, MR. MARTIN-I think that question is meant directly towards if this was like some sort of commercial gardening operation or something like that where they did apply. I don't know if it's been part of the project if there is any indication that it will be part of the project to apply herbicides and pesticides. COUNCILMAN MONAHAN-If we're talking on people's lawn we don't know what they are going to do. EXECUTIVE DIRECTOR, MR. MARTIN-That's my point exactly some people do some, some people don't, I couldn't tell you. COUNCILMAN GOEDERT -Jim I would have to disagree with you. I believe it would have to do with lawns because there is another category that's says agriculture land resources. If the pesticides and that were coming under agriculture wouldn't that come under that category? SUPERVISOR CHAMPAGNE-It says other than ag purposes obviously. EXECUTIVE DIRECTOR, MR. MARTIN-I don't know how you would gauge if someone puts fertilizer on their lawns or not in residential developments. SUPERVISOR CHAMPAGNE-Even if they do, the question here is will it have an impact on plants and animals. It may make the plants grow better that's the impact, right? COUNCILMAN MONAHAN-Not a herbicide. SUPERVISOR CHAMPAGNE-Well not a herbicide. COUNCILMAN MONAHAN-Mark can you fill any light on that question the intent of that question. TOWN COUNSEL, MARK SCHACHNER-No. I've certainly seen lead agencies interpreted to refer to residential lawns, but I don't think there is any guidance anywhere in any SEQRA law, regulation, cases, that I'm familiar with that clarifies that. I think that Environmental Assessment Forms have a lot of parts that are very poorly written and that's a good example. COUNCILMAN MONAHAN-We certainly don't know who is going to apply it, I guess we put a don't know, how do we know. SUPERVISOR CHAMPAGNE-You have to answer it one way or the other. COUNCILMAN MONAHAN-We can't answer what we don't know. SUPERVISOR CHAMPAGNE-How are you going to know Betty? COUNCILMAN MONAHAN-We don't know. SUPERVISOR CHAMPAGNE-How would you know? COUNCILMAN MONAHAN-You wouldn't so I don't think you can. COUNCILMAN PULVER-Why would you ask that question if they didn't expect an answer. EXECUTIVE DIRECTOR, MR. MARTIN-I believe they ask the question because there is a potential environmental impact associated with that if it is applied. TOWN COUNSEL-There are some types of projects where you would clearly know the answer. COUNCILMAN MONAHAN-Like a golf course or something like that. SUPERVISOR CHAMPAGNE-I'm going to vote for small to moderate. EXECUTIVE DIRECTOR, MR. MARTIN-Consensus opinion on that? SUPERVISOR CHAMPAGNE-Check with Jim Girard or someone who is in the business. I don't think to many of us today go out today and spray pesticides and herbicides more than twice a year. What's the opinion? COUNCILMAN PULVER-Small to moderate. COUNCILMAN TURNER-Small to moderate. EXECUTIVE DIRECTOR, MR. MARTIN-Small to moderate. 9. Will proposed action substantially affect non-threatened or non-endangered species? Examples that would apply. Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Mature forest is that which is over a 100 years of age. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-So the answer to number nine is no? TOWN BOARD-Yes. IMP ACT ON AGRICULTURAL LAND RESOURCES EXECUTIVE DIRECTOR, MR. MARTIN-Will the proposed action affect agricultural land resources? TOWN BOARD-No. COUNCILMAN MONAHAN-I don't even think we need to the questions under that. SUPERVISOR CHAMPAGNE-I don't either. IMP ACT ON AESTHETIC RESOURCES EXECUTIVE DIRECTOR, MR. MARTIN-II. Will proposed action affect aesthetic resources? Examples would include. Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Project components that will result in the elimination or significant screening of scenic views known to be important to the area. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Number eleven then is no? TOWN BOARD-Yes. IMP ACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES EXECUTIVE DIRECTOR, MR. MARTIN-12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? COUNCILMAN GOEDERT -No. COUNCILMAN MONAHAN-Wait a minute, I think you've got to say yes, you are going to have mitigation. COUNCILMAN GOEDERT-They took those out of the sites. COUNCILMAN MONAHAN-It's still in the site. It is still in the acreage that they are turning in for the PUD and for the rezoning, but they are going to mitigate it by the fact that they've gone around it. EXECUTIVE DIRECTOR, MR. MARTIN-Let me go through the examples. Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Any impact to an archaeological site or fossil bed located within the project site. COUNCILMAN MONAHAN-There is one there, but they are mitigating it by going around it so I'm not quite sure how to answer that. EXECUTIVE DIRECTOR, MR. MARTIN-Would you want to say small to moderate then yes, can impact be mitigated by project change would that reflect..... SUPERVISOR CHAMPAGNE-The project hasn't changed. COUNCILMAN MONAHAN-The project doesn't need to be changed because it's already set up to do that. EXECUTIVE DIRECTOR, MR. MARTIN-If you remember way in an earlier design...... COUNCILMAN MONAHAN-We're talking about the present design that's in front of us now. I think what I would do, I would answer that no, but I would put an explanation right there that the project has been designed to protect and to put in the conservation space it's archaeological sites. Mark do you agree with what I'm doing? TOWN COUNSEL-That's fine. It's perfectly appropriate to add some discussion next to one of the items even if the answer is no. EXECUTIVE DIRECTOR, MR. MARTIN-We'll indicate no with a typed asterisk to the effect of what Betty, I think that statement is sufficient. IMPACT ON OPEN SPACE AND RECREATION EXECUTIVE DIRECTOR, MR. MARTIN-Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? TOWN BOARD-No. IMP ACT ON CRITICAL ENVIRONMENTAL AREAS EXECUTIVE DIRECTOR, MR. MARTIN-Will propose action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 6l7.l4(g). List the environmental characteristics that caused the designation of the CEA. I went back and referenced the resolution that enacted this particular critical environmental area that the project lies partially within. I had them noted as; (1) The natural beauty. (2) It serves as a headwaters for Glen Lake. (3) Sensitivity to intensity ofland use. (4) Preservation of Rush Pond water quality. (5) Preservation of Glen Lake water quality. I attached those to my memo that I sent to you on August 1st, the memo. That resolution was attached in its entirety if you want to reference. I'll read that just in full the resolve clause of that resolution. It says, Resolved, the Town Board finds as follows Rush Pond is a unique pond and wetland area of undisturbed natural beauty. (2) Rush Pond serves as the headwaters of Glen Lake which is prized residential an area for the residents of the Town of Queensbury. (3) Rush Pond in the area here in above described have remained opened undeveloped and could be adversely affected by any change in use or intensity of use. (4) The quality of the water within Rush Pond could be adversely affected by any change. (5) The quality of water within Glen Lake could be adversely affected by any change within the Rush Pond area described above. Do you want to continue through the examples? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action to locate within the CEA? I think that's clear that it is. COUNCILMAN MONAHAN-How many? EXECUTIVE DIRECTOR, MR. MARTIN-Wholly or partially thirty lots. COUNCILMAN MONAHAN-All single family right? EXECUTIVE DIRECTOR, MR. MARTIN -Yes. It was a typical site section plan submitted to demonstrate how those lots would be developed along that area of the project. In terms of that proposed action to locate within the CEA do you term that small to moderate or potentially large? COUNCILMAN MONAHAN-If the engineering studies that we have got are correct, I would call it small to moderate. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will result in a reduction in the quantity of the resources..... COUNCILMAN MONAHAN-Wait a minute, Jim. I think we can say not can impact be mitigated by project change. I think there we say it's been mitigated by the design of the development of the lots is that how I should say it? EXECUTIVE DIRECTOR, MR. MARTIN-I think that says it. SUPERVISOR CHAMPAGNE-How are we going to handle this are we going to foot note this? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. Proposed action will result in a reduction in the quantity of the resource? I think the principal resource here being protected is the wetland area itself. COUNCILMAN MONAHAN-There is no development in the wetland per say. EXECUTIVE DIRECTOR, MR. MARTIN-No. COUNCILMAN MONAHAN-Then that's the answer to that. It's no because there is no development in the wetland or land immediately adjacent to it, correct? EXECUTIVE DIRECTOR, MR. MARTIN-It depends on what you consider the land immediately adjacent to it. There is a five hundred foot distance from the elevation. I think it's the fourth hundred and thirty foot elevation, yes. It is within that five hundred feet of the four hundred and thirty foot elevation. COUNCILMAN MONAHAN-When I'm using the word wetland, I'm using the actual wetland. EXECUTIVE DIRECTOR, MR. MARTIN-There is no development in the actual wetland. COUNCILMAN MONAHAN-Or the land immediately adjacent to the actual wetland. SUPERVISOR CHAMPAGNE-So small to moderate? EXECUTIVE DIRECTOR, MR. MARTIN-I think Betty is saying the proposed action to locate with a CEA is small to moderate, we did the foot note. The next one proposed action will result in a reduction in the quantity of the resource are you saying small to moderate? COUNCILMAN MONAHAN-I'm just saying no. The reason is because there is no development. It is in the quantity of the resource and I consider the quantity is the wetland itself. SUPERVISOR CHAMPAGNE-You would qualify that as small to moderate wouldn't you? COUNCILMAN MONAHAN-No, because I said no in the first place and then I gave an explanation why I said no. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will result in a reduction of the quality of the resource? COUNCILMAN MONAHAN-Again, no. I'm going by the engineering studies that the applicant has submitted. EXECUTIVE DIRECTOR, MR. MARTIN-Is that an agreement? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will impact the use, function or enjoyment of the resource. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Agreement on that? TOWN BOARD-Yes. IMPACT ON TRANSPORTATION EXECUTIVE DIRECTOR, MR. MARTIN-Will there be an effect to existing transportation systems? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Examples would include. Alternation of present patterns of movement of people and/or goods. TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Would you list that as small to moderate or potentially large? COUNCILMAN MONAHAN-I'd list it as small to moderate. EXECUTIVE DIRECTOR, MR. MARTIN-Consensus on that small to moderate? SUPERVISOR CHAMPAGNE-Small to moderate. Are you small to moderate Ted? COUNCILMAN TURNER-Yes. SUPERVISOR CHAMPAGNE-Carol, are you small to moderate? COUNCILMAN PULVER-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will result in major traffic problems. COUNCILMAN GOEDERT-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Small to moderate or potentially large? COUNCILMAN GOEDERT-I would like to know how you define major. EXECUTIVE DIRECTOR, MR. MARTIN-Unfortunately it is discretionary and judgmental to you as the Lead Agency. All I can do is direct you in your minds to refer to the traffic study and what you know of the corridor itself. COUNCILMAN PULVER-Which was twenty cars a year. COUNCILMAN TURNER-The impact of the traffic problem right now isn't addressed by the addition of the three lanes on the modification of Aviation Road already that was just done this summer. That is not going to............... EXECUTIVE DIRECTOR, MR. MARTIN-Again, I would direct you to three sources. The Traffic Study, your personal knowledge of the traffic patterns in those systems, and the public comment given to date. COUNCILMAN PULVER-The Traffic Study was done without any consideration to what has been done to Aviation Road. COUNCILMAN TURNER-That's right. COUNCILMAN PULVER-And without any consideration to the bridge, correct. COUNCILMAN MONAHAN-You can't consider the bridge because the bridge isn't done so far it's only on paper. COUNCILMAN GOEDERT-You can only consider what's existing now? COUNCILMAN MONAHAN-What's existing right this minute. EXECUTIVE DIRECTOR, MR. MARTIN-The existing transportation systems. SUPERVISOR CHAMPAGNE-I think that needs to be defined. We really need to sit down and put this in writing I believe. Whether you identified it as potential large impact and then Part III further detail and explain, I think that's probably the best source of action. Part III must be prepared if one or more impacts considered potentially large. EXECUTIVE DIRECTOR, MR. MARTIN-That's correct. Is there a consensus. COUNCILMAN MONAHAN-I think that's going to have to be addressed in a Part III. EXECUTIVE DIRECTOR, MR. MARTIN-We're saying proposed action will result in major traffic problem is potentially large? COUNCILMAN GOEDERT-If you have to only go with what exists there now. We can't take the bridge and the realigning ofFarr Lane and Dixon Road into our thinking then it has to be large because it puts an intersection that's poor to a fail. If we can take and put in what we have planned in the future into that then it might change that. COUNCILMAN MONAHAN-It may be able to be mitigated. COUNCILMAN TURNER-That's right. SUPERVISOR CHAMPAGNE-That's my point. We can prove that we've identified ways and means of correcting that action then I think it would appropriate to do that. Right now according to that study total traffic after build-out, I think the study reported in the morning thirty vehicles per hour, in the afternoon peak time would be thirty three vehicles. COUNCILMAN GOEDERT -Is that complete build-out that you have? SUPERVISOR CHAMPAGNE-That's what it says here. EXECUTIVE DIRECTOR, MR. MARTIN-It's more than that. COUNCILMAN GOEDERT -Eighty cars at peak hour at complete build-out. SUPERVISOR CHAMPAGNE-Okay. EXECUTIVE DIRECTOR, MR. MARTIN-The consensus on that is potentially large? COUNCILMAN GOEDERT-It's got to be if we can't put what we have planned into. SUPERVISOR CHAMPAGNE-I'll give you one shot Mike. ATTORNEY O'CONNOR-When you talk about existing system, I would refer to counsel. You are looking at the total impact at build-out. You should be looking and comparing it with what are the reasonable existing systems in place or what you expect to be in place at that time. I think it is appropriate of you to think of the three lanes, the bridge. You are talking about the year 2003 which is the worse case scenario that was filled out by Traffic Study and you are suppose to be looking at what is the existing system at that time. I would refer to counsel on that, I'm not trying to give you advise. COUNCILMAN MONAHAN-I think that comes under Part III. EXECUTIVE DIRECTOR, MR. MARTIN-Any other impact on transportation before we leave it? Anyone have anything else on transportation? COUNCILMAN MONAHAN-What else can there be. EXECUTIVE DIRECTOR, MR. MARTIN-I think that pretty much sums it up. IMP ACT ON ENERGY EXECUTIVE DIRECTOR, MR. MARTIN-16. Will proposed action affect the community's source of fuel, or energy supply? COUNCILMAN GOEDERT -No. COUNCILMAN TURNER-No. COUNCILMAN MONAHAN-Wait a minute. What does that second example there mean Jim? Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. EXECUTIVE DIRECTOR, MR. MARTIN-I think it certainly qualifies. COUNCILMAN MONAHAN-That has to be a small to moderate right there. EXECUTIVE DIRECTOR, MR. MARTIN-So it's yes to number sixteen, and small to moderate to the second bullet. COUNCILMAN MONAHAN-Small to moderate. But, I don't find that as a big problem. EXECUTIVE DIRECTOR, MR. MARTIN-It does trip the threshold. COUNCILMAN MONAHAN-The developer will be putting in that so I think that's the answer that you put there. EXECUTIVE DIRECTOR, MR. MARTIN-Does everyone agree that it's small to moderate to the bottom of page ten? TOWN BOARD-Yes. COUNCILMAN MONAHAN-Then you put another asterisk that the developer will be responsible for extending service. EXECUTIVE DIRECTOR MR. MARTIN-Sixteen is yes, small to moderate under the second bullet? TOWN BOARD-Yes. NOISE AND ODOR IMP ACTS EXECUTIVE DIRECTOR, MR. MARTIN-17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? COUNCILMAN MONAHAN-Let's do the question. EXECUTIVE DIRECTOR, MR. MARTIN-Blasting within 1,500 feet of a hospital, school or other sensitive facility. COUNCILMAN MONAHAN-As far as I know they don't intend to blast. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Odors will occur routinely (more than one hour per day). TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. COUNCILMAN PULVER-We don't have a noise ordinance so we don't know. COUNCILMAN MONAHAN-Temporary, but that's all during the building process. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will remove natural barriers that would act as a nOIse screen. COUNCILMAN TURNER-No. COUNCILMAN GOEDERT -I put yes. COUNCILMAN MONAHAN-Some of the neighbors have raised that yes, but I'm not sure if that's true because of the no cut zones that we left there. COUNCILMAN GOEDERT-I believe it would be small to moderate. If you are talking about using the trees along there as a buffer from the Northway and you are taking some of those down then you have to have a change. I believe it's small to moderate because I don't believe that the area when I'm out there at the Little League field you don't hear a lot of noise from the Northway. EXECUTIVE DIRECTOR, MR. MARTIN-Okay, then small to moderate under that fourth bullet. So that means we're saying yes to number seventeen. IMP ACT ON PUBLIC HEALTH EXECUTIVE DIRECTOR, MR. MARTIN-Will proposed action affect public health and safety? COUNCILMAN MONAHAN-Let's do the questions Jim. EXECUTIVE DIRECTOR, MR. MARTIN-Examples. Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly radioactive, irritating, infectious, etc.) TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Storage facilities for one million or more gallons ofliquified natural gas or other flammable liquids. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-The proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Okay, then the answer to number eighteen is no. TOWN BOARD-Right. IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD EXECUTIVE DIRECTOR, MR. MARTIN -19. Will proposed action affect the character of the existing community? COUNCILMAN GOEDERT-Yes. COUNCILMAN MONAHAN-Let's do the questions. EXECUTIVE DIRECTOR, MR. MARTIN-Examples would include. The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. COUNCILMAN MONAHAN-The municipal won't. Fred was going to do some research into whether or not the school one would. SUPERVISOR CHAMPAGNE-No. COUNCILMAN MONAHAN-We're you able to do that? SUPERVISOR CHAMPAGNE-I talked to the school and I got their cost per student local share. Also added into that State Aid using 1.5 children per household, no it would not have that large of an impact. It will have an impact, but not major. COUNCILMAN MONAHAN-Not the five percent per year. SUPERVISOR CHAMPAGNE-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will conflict with officially adopted plans or goals. COUNCILMAN PULVER-No. COUNCILMAN MONAHAN-No. COUNCILMAN TURNER-No. COUNCILMAN GOEDERT -I put yes. COUNCILMAN PUL VER-I put no. Not according to all the research that we got from Jim. COUNCILMAN MONAHAN-Connie do why.... COUNCILMAN GOEDERT-The reason why I put yes was in the Comprehensive Land Use that we have now that is in effect now would have this area zoned as RR3. COUNCILMAN MONAHAN-But that's not your Comprehensive Master Plan. That zoning is a separate thing the reasoning is in the Master Plan. What reasoning did you pick up? COUNCILMAN GOEDERT-It is my question. The reasoning that I picked up was because it obviously is a change into that plan. COUNCILMAN PUL VER-I tend to agree with the staff comments on that. COUNCILMAN GOEDERT -It's not in conformance. Are you telling me to read more than one? COUNCILMAN PULVER-Yes. COUNCILMAN GOEDERT -According to the staff notes it is not in conformance. The question was raised before the staff off set it in their response. COUNCILMAN MONAHAN-The staff feels that it is in conformance with the Master Plan and I agree with the staff. COUNCILMAN PUL VER-I do, too. COUNCILMAN MONAHAN-I've reached that conclusion before I read their notes. SUPERVISOR CHAMPAGNE-So that's a no? COUNCILMAN MONAHAN-We have to get Connie comfortable with it. COUNCILMAN GOEDERT-I'll go small to moderate. EXECUTIVE DIRECTOR, MR. MARTIN-Consensus on that? COUNCILMAN MONAHAN-I just don't feel that it's in any conflict with the Master Plan. SUPERVISOR CHAMPAGNE-I don't either. COUNCILMAN TURNER-No. COUNCILMAN PULVER-Me neither. COUNCILMAN MONAHAN-I'm not talking about this. I'm talking about the Master Plan. SUPERVISOR CHAMPAGNE-I guess we've got consensus here. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will cause a change in the density ofland use. COUNCILMAN MONAHAN-Yes. COUNCILMAN TURNER-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Small to moderate or potentially large. COUNCILMAN GOEDERT-Excuse me Jim what question are we on? EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will cause a change in the density ofland use? COUNCILMAN GOEDERT-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Small to moderate or potentially large? COUNCILMAN MONAHAN-It has to be large if you are going to do a ratio proportion to what's allowed now. EXECUTIVE DIRECTOR, MR. MARTIN-Agreement on that potentially large? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Development will create a demand for additional community services (e.g.. schools, police, and fire etc.) COUNCILMAN GOEDERT-Yes. COUNCILMAN MONAHAN-Yes. COUNCILMAN PULVER-But, the school has said no impact. There may be a demand down the road, but for this particular project. Jim what does the letter say from the school, I just asked you for a copy of that tonight. COUNCILMAN MONAHAN-It's in our stuff and I've read it. There will be an impact. You can't have that many houses with 1.5 kids and not have an impact. EXECUTIVE DIRECTOR, MR. MARTIN-I just wanted to go through some statistics that might give you some guidance. The average household size in Queensbury is 2.72 persons per household. If you, I tried to be conservative with this, if you were to assume all households even the senior housing to be in that range the overall project population at full build-out will be 517 persons. Now, again applying some statistics here according to the overall census of population for the Town in 1990, and acknowledge that's been disputed sometimes by its overall total, but we'll go with it is 22,630 persons. According to the 1990 census, 25.9 percent is less than 18 years old. If you were to apply that same percentage to this population of this project that would mean you would have 134 persons under 18 years of age in this project. COUNCILMAN PULVER-At full build-out. EXECUTIVE DIRECTOR, MR. MARTIN-That's assuming we were to say even the dwelling units within the senior housing project were 2.72 persons which is probably in-conservative. COUNCILMAN GOEDERT -High. EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN MONAHAN-But, you have a hundred thirty four under the age of eighteen that's four classrooms at least. SUPERVISOR CHAMPAGNE-A hundred thirty four, but you got to take out of that the zero to five year old, too. EXECUTIVE DIRECTOR, MR. MARTIN-Exactly. I didn't have that fine of a breakdown in my categories. SUPERVISOR CHAMPAGNE-So you are talking six. If you take six of that one thirty four..... EXECUTIVE DIRECTOR, MR. MARTIN-I think it's clear that the project is going to demand greater servIce. COUNCILMAN MONAHAN-It's going to have a demand. I think it's small to moderate. EXECUTIVE DIRECTOR, MR. MARTIN-Is there a consensus opinion on that? COUNCILMAN GOEDERT-I think it is small to moderate. COUNCILMAN TURNER-Yeah. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will set an important precedent for future projects. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Proposed action will create or eliminate employment. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Any other impacts associated with the impact on the growth and character of the community or neighborhood? So we have yes to number nineteen then. I have just to recap. Potentially large on proposed action will cause a change in the density of land use. Development will create a demand for additional community services as small to moderate. 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts. COUNCILMAN MONAHAN-That's a yes. PART III EXECUTIVE DIRECTOR, MR. MARTIN-This is to be prepared if one or more of the impacts is considered to be potentially large. A recap of the form so far indicates that we have two. One is the impact on growth and character of the community or neighborhood. One under impact on transportation. Proposed action will result in major traffic problems those are the two I have. COUNCILMAN MONAHAN-We need to talk to our engineer about a couple of the others. EXECUTIVE DIRECTOR, MR. MARTIN-I have three questions. The first one is impact on water. Proposed action will adversely affect groundwater, there was a question on that. I have more on the next page, page eight. COUNCILMAN MONAHAN-On the sewer, too. We have one proposed action will allow residential uses in areas without sewer. EXECUTIVE DIRECTOR, MR. MARTIN-I had that listed as small to moderate is that incorrect? COUNCILMAN MONAHAN-No. I'm just saying the septic systems were something we wanted our engineer to give us a little more guidance on than what he did. EXECUTIVE DIRECTOR, MR. MARTIN-I'm just trying to summarize what we had outstanding questions on. The first one was under the bullets in question five, page seven. Proposed action will adversely affect groundwater there is a question on that. On the next page under impact on plants and animals. COUNCILMAN MONAHAN-Wait a minute, Jim on the top of page eight. When we're giving directions to the engineer, I think we need to also recheck make sure that those drainage patterns as submitted to us, you know is there any question about questions that have been raised about that. We just want to make sure that we're doing our homework on that. EXECUTIVE DIRECTOR, MR. MARTIN-Under eight. I had the two bullets there as a question. Reduction of one or more species listed on the New York or Federal list. Removal of any portion of a critical or significant wildlife habitat. COUNCILMAN MONAHAN-I think this is where we have to ask the question of the developer. There is Blue Lupine on that site on the north side of the runway. I don't know what the final use of that particular land is going to be. I did not walk the whole site, I did see that part. ATTORNEY O'CONNOR-For the purpose of the record there are a number ofletters, I'm Mike O'Connor, there are a number ofletters from Kathy O'Brien. The one, I think was April 30th, 1996. EXECUTIVE DIRECTOR, MR. MARTIN-That's correct. ATTORNEY O'CONNOR-That particular letter seems to disagree with what you are saying. COUNCILMAN MONAHAN-In what respect? ATTORNEY O'CONNOR-Let me read into it and then away from it so I don't catch the wrong sentence. Mr. O'Connor has told me that my January letter to you has been misconstrued by some individuals as to the presence of Karner Blues on the site. I will try to clarify our view on the project. The area the project is in was once home to a Karner Blue population. That population no longer exists on the site of the subdivision. Development and natural succession has destroyed all by a renmant of the native vegetation which would have supported this population some of which exists within the proposed subdivision. Vegetation typical of a Karner Blue site (i.e. Butterfly Weed, New Jersey Tea, Little Blue Stem Grass, etc.) still exist on the site. But, the Blue Lupine has all but died out of the area. The only patch of Lupine known in the immediate area of the project is located outside of the boundaries of the present housing development proposal. That was based upon site visitation by this Kathy O'Brien with parts of the Development Team which located on the site the actual boundaries with relationship to the physical monuments that were on the site. But, I'm not necessarily saying that we haven't taken that into consideration. If you look at what we have offered as part of the Developers Agreement we have indicated there and to the person who is going to sponsor or perhaps build the senior citizen complex. The developer of that area will be required by the Town to set aside a portion of the area for reestablishment of Karner Blue Butterfly habitat in conjunction with New York State Environmental Conservation recommendation. That was on page 21, paragraph 10. I don't have my latest copy of the Development Agreement by to Mr. Martin before the meeting began. But, I think that language is still in there. The intention is that this project as designed will try to reestablish that Karner Blue Butterfly habitat, if you will even though it's gone as part of the project design. It would be in the area that is set aside for the projected senior citizen development. As, I understand it we would file this Developers Agreement as a Restricted Covenant it would run with the land. It would bind whoever came into that portion of the project. If somebody new were introduced to try and come on board for the senior citizen they would have notice and they would be required to comply with the wishes of the Town Board. The present person who has shown an interest in this site for senior citizen housing the National Counsel of Churches is aware of it, and has agreed to it, and has said that there is no problem. They in fact and perhaps without, maybe this board is not aware of it have in fact sent to us recently a option form to indicate that they are immediately ready to go forward with an application for funding if the approvals are present or given. COUNCILMAN MONAHAN-For the record, I don't believe that's National Counsel of Churches it's National Churches Residences. ATTORNEY O'CONNOR-I didn't read that whole letter, but I think Kathy O'Brien agreed with that discussion. We just didn't think it was appropriate to try and work something out with her until we know where we're going with everything else. COUNCILMAN MONAHAN-Okay, then I think what you do is you answer that question that there is. Those sites maybe damage that are there now, but the mitigation of it is a reestablishment of the site on the property that will be done for senior housing. ATTORNEY O'CONNOR-If you look at the bullets there it says, will proposed action affect any threatened or endangered species. Then you go down, it says reduction of one or more species listed. I don't know of anything on the site that is listed. I don't think that Butterfly Weed that is spoken of is either an endangered or threatened species. COUNCILMAN MONAHAN-You could be right it's a protected one. ATTORNEY O'CONNOR-There is a separate list for protected. COUNCILMAN MONAHAN-You're right. ATTORNEY O'CONNOR-I think the answer there is no. Then the next bullet is removal of any portion of a critical or significant wildlife habitat we weren't even talking about that. I actually think the answer to that is no even though we as part of our design have offered to try and reestablish what was apparently one time a Karner Blue habitat. COUNCILMAN MONAHAN-I think I would be a little more comfortable if we did some kind of a detailed answer there so if anytime our work on this is questioned we were aware of that and we answered that question. You know, that there are Blue Lupine there apparently no Blue Karner Butterfly, but the habitat will try to be reestablished. EXECUTIVE DIRECTOR, MR. MARTIN-You get into the reversibility of the impact. COUNCILMAN MONAHAN-Part III, I frankly think that this is something staff should be working up for us and bring back to us in a workshop. It should not be done at the top of our heads. EXECUTIVE DIRECTOR, MR. MARTIN-Just before we leave question eight, I want to be clear as to where we're going. Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site that would be no? COUNCILMAN MONAHAN-I think I would skip right down to other impacts. EXECUTIVE DIRECTOR, MR. MARTIN-So list nothing under the provided examples. But, other impacts.... COUNCILMAN MONAHAN-I think I would do the other impacts and say that according to quoting the letter there while the plants are there apparently the butterfly is not. Habitat for the butterfly will try to be reestablished on the land that will be conveyed for senior housing. EXECUTIVE DIRECTOR, MR. MARTIN-What's the date of that letter Mike? ATTORNEY O'CONNOR-I have an extra copy, April 30th, 1996. COUNCILMAN MONAHAN-Is everyone comfortable with that? TOWN BOARD-That's fine. SUPERVISOR CHAMPAGNE-Tell me Jim what did we arrive at for number eight? EXECUTIVE DIRECTOR, MR. MARTIN-There is nothing under any of the examples. Then we come to other impacts the last bullet then we're going to say, according to the DEC letter of April 30th, 1996 attempts will be made to reestablish habitat for Karner Blue Butterfly. ATTORNEY O'CONNOR-Why don't you use the language out of the proposed Developers Agreement. COUNCILMAN MONAHAN-Then you would tie everything together in the same language. ATTORNEY O'CONNOR-It was paragraph ten, page twenty one. It was bullet ten, page twenty one, first paragraph. EXECUTIVE DIRECTOR, MR. MARTIN-Language from Developers Agreement then? TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-So then we still have two potentially large under traffic and under impact on growth and character. TOWN BOARD-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Part III the instruction is.... COUNCILMAN MONAHAN-Prepare our answers to that. EXECUTIVE DIRECTOR, MR. MARTIN-Prepare our draft answer. COUNCILMAN MONAHAN-Be ready to go over them in our workshop. We won't officially adopt them, but we need to see if we agree with your answers. EXECUTIVE DIRECTOR, MR. MARTIN-I'll try and get them to you before then. I'll try and get them to you as early as Wednesday if I can in a draft. COUNCILMAN MONAHAN-In the meantime we have to look at our engineer report. SUPERVISOR CHAMPAGNE-We have fifteen, nineteen, and twenty are the three that we're going to be looking at is that right. EXECUTIVE DIRECTOR, MR. MARTIN-I have nineteen. Twenty, that question I believe was designed that way on purpose. There is no gage of impact there it is simply yes or no. So, I have nineteen and fifteen as the two that have to go to Part III. COUNCILMAN GOEDERT-Then we have one that the engineer is going to review, correct? EXECUTIVE DIRECTOR, MR. MARTIN-I have to get some confirmation for you. I have even have Bill Levandowski present at your workshop also. SUPERVISOR CHAMPAGNE-I would like to have something available at that point. EXECUTIVE DIRECTOR, MR. MARTIN-Something in writing prior to that, but I can have him there if there are any remaining questions if you would like him present. COUNCILMAN MONAHAN-We need him for groundwater, septic, and drainage. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN GOEDERT-I'd like to know where we stand now? COUNCILMAN MONAHAN-The staff has to prepare the answers which we will look at in workshop. If we agree with those answers we would continue this at the next real board meeting. EXECUTIVE DIRECTOR, MR. MARTIN-Regular meeting. COUNCILMAN MONAHAN-And go on with either the approval or the disapproval for the rezoning and the PUD. ATTORNEY SCHACHNER-I don't think Betty meant to skip over this. But, first you would make your SEQRA determination. COUNCILMAN MONAHAN-That's what I meant. COUNCILMAN GOEDERT-When is that going to be made? ATTORNEY SCHACHNER-That's up to the board that could be made any anytime, but it has to include the Part III which is the evaluation of the importance of the impact identified in your review of Part II. It has to happen first then you decide whether you read what's called the Negative Declaration which is a decision not to require preparation of an Environmental Impact Statement. What's called a Positive Declaration which is a decision to require the preparation of an Environmental Impact Statement. That determination has to be made before you go to the approval steps or denial steps. COUNCILMAN GOEDERT -Are we going to do that at the workshop? COUNCILMAN MONAHAN-I would say we would just evaluate staff answers and see if we got them there. But, as far as formally acting on it, I don't think it is proper to do it except in a Regular Town Board Meeting. The reason we would look at it in a workshop to see if they have done a complete job and that we're in agreement with. EXECUTIVE DIRECTOR, MR. MARTIN-I just want to be clear that I don't want these things to get tagged staffs answers these are your answers. I will draft responses for you and if you like them, don't like them, throw them all out, I'll do my best to try and put something together that reflects what you as a lead agent have said tonight. If it's not to your likening then you go through it and throw it all out and we'll try again, change part of it or whatever. It's your answers I'm just trying to commit it to writing. ATTORNEY SCHACHNER-That's critical and I'd like to echo that and say that if any board members have their own proposed write ups of Part III you can present those that's fine. It ultimately is the board's decision as the SEQRA Lead Agency. COUNCILMAN MONAHAN-I didn't mean to say that any different Jim that's why we need a workshop to see if we're in agreement with what you are doing. EXECUTIVE DIRECTOR, MR. MARTIN-I just wanted to clarify that. SUPERVISOR CHAMPAGNE-Any other concerns? Mike did you have a comment? ATTORNEY O'CONNOR-I have one question. I don't know if you agreed with my comment or not. Are you going to get guidance also as to what is existing transportation facilities that you make your comparison too? SUPERVISOR CHAMPAGNE-I think that in our Part III description and plans for the future some of that is going to have to be brought back in. ATTORNEY SCHACHNER-I think the answer is that Part III is evaluation of the importance of impacts as it regards transportation should it include discussion of both scenarios. The scenario of the existing transportation system if there are no improvements and certainly it is reasonable to include discussion of the transportation system if the improvements that are contemplated are made. SUPERVISOR CHAMPAGNE-Okay, thanks. Anything else from the board? COUNCILMAN GOEDERT-Have we've got the engineer report in reference to Phase II of Aviation Road? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. SUPERVISOR CHAMPAGNE-Anything else from the board? ATTORNEY MATTERS TOWN COUNSEL, MR. SCHACHNER-Noted he needs to have an Executive Session. OPEN FORUM 9: 15 P.M. JOHN SCHRElNER-Dunham's Bay, Lake George. Spoke to the Board regarding a letter at a Town Board Meeting stating that he requested that the Board put out a written notice. Received copy of minutes noting that it says, Councilman Caimano requested that Dunham's Bay Boat Company be notified in writing. Requested he would like this clarified. EXECUTIVE DIRECTOR, MR. MARTIN-Noted at the meeting to be held Wednesday night Dunham's Bay Boat Company will be present he will correct this error. MR. SCHREINER-Spoke to the board regarding a complaint he made regarding the Dunham's Bay Boat Company parking vehicles. Noted two days later the light he complained about last year was turned back on did speak to owner of Dunham's Bay regarding problem. Requested that the board adopt a Ordinance regarding lighting. EXECUTIVE DIRECTOR, MR. MARTIN-Noted he thought he would wait until the meeting on Wednesday to take this issue up. COUNCILMAN PULVER-Hopes that this could be worked out with the boat company. Part of the planning process when any new commercial business comes into town is the staff and planning always looks at the impacts of the lighting. DICK & KA THY GRAY -Full time residents Town of Queensbury, home is on Pilot Knob Road. Spoke to the board noting that this is the second summer season that they are encountering a situation where the Town Code Enforcement Officer, Dave Hatin, found that his neighbor who abuts his property at the shore of Lake George has a failed septic system. The town performed a test on the system owned by John Serbalik one year ago. They found that feces were floating across the floor of his basement into a sump hole. In the sump hole was a sump pump, the pump was pumping this sewage to an unknown location. Noted this is a very serious public health issue. Has testified in court regarding this proceeding where Mr. Serbalik continues to occupy his home in violation of summons that have been given to him that he is not to occupy his dwelling until his corrects his failed septic system. Mr. Serbalik has a permit to build an above ground holding tank has had the permit for an extended period of time he has yet to build the holding tank. Noted this is an inconvenience to himself and family. Noted this is the second season they are prevented from using their recreational facilities as a result of an individual who continues to occupy his premises in direct violation of the town. Requested that the Town do something about this situation. SUPERVISOR CHAMPAGNE-Did make a site visit up there since that time have followed the proceedings in terms of the court action. Understands thoroughly, asked Town Counsel what the next step in terms of what the board may be able to do? TOWN COUNSEL, MR. SCHACHNER-The Town Court action is still pending is likely to have it's final day in court tomorrow afternoon, does not expect a decision tomorrow afternoon, but it will be the conclusion of the testimony and argument. Any further legal strategy or options in terms of litigation involving the Serbalik situation is one of the two topics to be discussed in Executive Session. COUNCILMAN MONAHAN-Noted that the board does realize the seriousness of the situation. JOHN SALVADOR, DUNHAM'S BAY-Noted that the New York State Health Department has an office on Bay Street they would have jurisdiction in this matter. Spoke to the board regarding some filling being done at the Harris Bay Yacht Club. Noted he is expecting a letter from Code Compliance Officer, John Goralski regarding situation. EXECUTIVE DIRECTOR, MR. MARTIN-Noted his understanding of the nature of the gravel being placed in this situation is filling of pot holes in the parking lot of the Harris Bay Yacht Company. It has been his determination that this represents repair and maintenance, noting if Mr. Salvador is not in agreement with this he can appeal it. MR. SALVADOR-Spoke to the board regarding an article he read in the newspaper about doing a Supplemental EIS on the North Queensbury Wastewater Project. Asked if the board if they have a statement from the consultant outlining their reasons? SUPERVISOR CHAMPAGNE-Noted he doesn't have an answer to this should contact Bill Lamy, the County, and O'Brien and Gere. MR. SALVADOR-Questioned if Supervisor Champagne was in agreement that we are going to move ahead with the Supplemental EIS. SUPERVISOR CHAMPAGNE-Absolutely. MR. SALVADOR-Questioned when the Scoping Session is going to be held? SUPERVISOR CHAMPAGNE-Does not know recommended contacting Mr. Geiss at O'Brien and Gere. MR. SALVADOR-Spoke to the board regarding stormwater and the Froehlich Foundation Grant in North Queensbury. Sent the board a copy of a letter that was sent to Paul Naylor, Highway Superintendent this past week pointing out the requirements of the law. (Read law to board) SUPERVISOR CHAMPAGNE-To research the law further. MR. SALVADOR-Noted the Froehlich Foundation Grant is being used on Mason Road due to Supervisor Champagne's recommendation. As of the result of the work done by the Stormwater Advisory Board the road is number four on the list of nine priority items, noting there are other roads in North Queensbury that have been identified as problem areas that are not Town roads. The grant money could be used in conjunction with State money, or County money to do improvements. Asked the board to reconsider the one on Route 9L, it's number two on the list. EXECUTIVE DIRECTOR, MR. MARTIN-Noted it is number four on the list but the list is not meant to represent any prioritization. It is fourth on the list of a group of what was termed first tier problems. The timing of the grant given the grant funding round came available prior to us really getting our teeth into Stormwater Plan. MR. SALVADOR-Noted the grant should pay all of the cost the taxpayers of the Town of Queensbury should not bear the burden of any cost associated with any stormwater improvement in a road by use. MR. SALVADOR-Spoke to the board regarding Fuller Road, noting the public at large has an interest in what happens up there. Spoke to the board regarding the appointment of Lewis Stone to the Zoning Board of Appeals, believes Mr. Stone has a gross conflict of interest. Noted he is on the Executive Board of the Lake George Association. MR. LEWIS STONE-Noted the use of the word, Froehlich Foundation money reflect that it was obtained by the Lake George Association for use within the Lake George Basin not just Queensbury, but all over the lake. Thanked the board for his appointment to the Zoning Board of Appeals. LIZ VALENTE, QUEENSBURY-Noted a couple of years ago she came before the Town Board with a letter regarding a situation they were drawn into because of zoning and planning it was based on the supposition that he owned a piece of land and he had a Quit Claims Deeds. Asked at that time that the town would put in place some kind of protection for any other citizen to protect someone who owns a piece of land having someone else come in with a Quit Claim Deed asked the status of this. EXECUTIVE DIRECTOR, MR. MARTIN-Haven't done anything in a form of a law, noting they are more sensitive to the applications that come in and the proof of ownership. TOWN COUNSEL, MR. SCHACHNER-Whether you have Title Insurance or not it does not strictly relate to what type of deed you are taking property by. Would not recommend that any board in any municipality require that an applicant demonstrate that they have Title Insurance to their property in order to submit an application. Doesn't think it is appropriate to put the Town, Staff, or any Planning Board, Zoning Board of Appeals, Town Counsel in the position of having to verify the accuracy with the validity of real property documents that are submitted by applicants. PAUL ABESS, QUEENSBURY -Spoke to the board regarding the Indian Ridge Development. Asked Councilman Goedert, Supervisor Champagne if there is something the Town gets by having the development there? Is there something the constituents get out of having the development, does it do something to Queensbury? COUNCILMAN GOEDERT-Noted they have taken the steps that she believes they would have taken with any development. In doing that it has been a long process that the developer has had to go through. Believes she has taken part in the steps that need to be taken to come to a yes or no vote, which they haven't come to yet. Doesn't believe she has helped the developer. Doesn't think it is a question of helping the developer. Believes she has got information so she can make the decision that has to be made. MR. ABESS-Noted by reading the articles in the newspaper there has been objections raised by numerous people at the various meetings that have been held. It seems like the opinion of the board the way it has been reported it that it is going to happen. COUNCILMAN PULVER-Noted from the people that are writing against the project. MR. ABESS-Questioned if there is something from a development like this that it is worth rezoning? Do most of the developments require rezoning? EXECUTIVE DIRECTOR, MR. MARTIN-Noted all Planned Unit Developments require rezoning. Noted it has been a year and a half review time on this project, doesn't feel like they are racing with this. Noted there was a Town wide rezoning done eight months prior to the adoption of the Comprehensive Plan that is a fundamental problem how the course of things happened here. Noted that the adopted plan is a little out of step with the current feelings in the community on a number of different topics. COUNCILMAN MONAHAN-Read an article entitled Economics of Preserving Open Space. MR. ABESS-Wishes that other people would be able to hear comments, too. TOWN BOARD-In agreement. MR. ABESS-Spoke to the board regarding the dumping that has occurred on Clendon Brook Road, up Butler Road, up of Buckee Road. Two years ago contacted Jim Coughlin, Landfill Superintendent and the summer employment kids to clean it up. Noted this year the situation is worse. Went through the garbage found name contacted Sheriffs Department and DEC nothing happened. Contacted Jim Coughlin three days ago, had it picked up the next day. Commended the board for the having the program and Jim Coughlin for being responsive and receptive to the situation. Spoke to the board regarding Fuller Road. Noting he plans on bringing more than one hundred people to a future board meeting to show that it is not dying out. (Presented the board with a synopsis of the Highway Law) BERNARD RAHILL, Queensbury. Spoke to the board in support of their appointment of Mr. Lewis Stone, to the ZBA. Read an article he submitted to the newspaper entitled: Supervisors Must Share the Planning of New Housing Construction in the Glens Falls Region. (On file Town Clerk's Office) JAN ASTROM, QUEENSBURY, WESTLAND AVENUE, QUEENSBURY-Spoke to the board regarding the proposed Indian Ridge Development and the EIS, noted his opposition to this. BARBARA BENNETT, QUEENSBURY-Spoke to the board regarding the resolution pertaining to the changing the Election Law. Questioned what specifically is going to be change? COUNCILMAN MONAHAN-This came about when the vote went on for the Ward System. Noted that now they are in the situation where the people will have a chance to vote on the North Queensbury Sewer District. When these type of districts came along the people that could vote were property owners. The way the law was on the books some property owners wouldn't be able to vote. Now they have gone back to the State Rules and Regulations where property owners will vote and if you are a corporation who owns land then the corporation would get one vote. MRS. BENNETT-Questioned if this is just for special districts? SUPERVISOR CHAMPAGNE-Saying that anyone who owns property and whoever name is on the deed and they live in North Queensbury they should have the right and privilege to vote. MRS. BENNETT-Spoke to the board regarding Round Pond, noting that she hopes the Town would always keep their eye on it. If the opportunity presents itself it would be a valuable asset to the Town. MR. STONE-Spoke to the board regarding the Indian Ridge Development. Noted that his perception of this by listening to the questions and statements that the board made he came away with exactly the same conclusion that we're going in one direction and going there fast, noted the board should think about this. PLINEY TUCKER, QUEENSBURY-Questioned the status of the landfill? SUPERVISOR CHAMPAGNE-Noted there was a washout over there and it still continues to be a problem. It has been redesigned the engineers have gone back to DEC and DEC has rejected the original design. They've gone back to the do some revised plans we still don't have DEC approval as to how they are going to proceed to complete it. MR. TUCKER-Questioned if the rest of the landfill can be mowed? SUPERVISOR CHAMPAGNE-Noted this is all within the contract that they have with the engineers. COUNCILMAN MONAHAN-It is being discussed right at the moment because our consultant feels it is time to mow. MR. TUCKER-Questioned the status Town Park at Hudson River? Asked if the town is going to lose the grant money? SUPERVISOR CHAMPAGNE-Noted from his conversation with DEC and Harold Hagemann that they will continue to keep the door open to do what we have to do even following that date. COUNCILMAN MONAHAN-As long as were making progress. MR. TUCKER-Spoke to the board regarding the road conditions along Western Avenue. SUPERVISOR CHAMPAGNE-Noted he is working on this problem. MR. TUCKER-Spoke to the board regarding the sewer on Bay Road, questioned the cost of the study? SUPERVISOR CHAMPAGNE-Have allocated $8,500 to date have spent around $5,500. MR. TUCKER-Spoke to the board regarding an article in the newspaper regarding the opinion by the County Attorney that the County could charge all the taxpayers...... SUPERVISOR CHAMPAGNE-Noted he has a written opinion from Paul Dusek on this. MR. TUCKER-Questioned what the Highway Department is doing on Garrison Road? COUNCILMAN TURNER-Putting in new sidewalks, new drainage, new blacktop on the road. MR. TUCKER-Questioned whose sidewalks they are? COUNCILMAN TURNER-The town. COUNCILMAN GOEDERT-They are in the town right-a-way. MR. TUCKER-Questioned if the money is coming out of the general fund? COUNCILMAN TURNER-Yes. MR. TUCKER-Noted if and when Indian Ridge Development gets built there is a law on the books that they have to buy into the water plant. Questioned if this will be part of the finished package? EXECUTIVE DIRECTOR, MR. MARTIN-Will research this. MR. TUCKER-Questioned how much has been spent on the sidewalks on Garrison Road? COUNCILMAN TURNER-Noted $3,400, $3,500 so far. MR. TUCKER-Questioned if they are putting sidewalks in the whole length of the road? COUNCILMAN TURNER-No. Just fixing the ones that are in disrepair on both sides of the street. CHARLES DEMARS, QUEENSBURY-Spoke to the board regarding Indian Ridge Development noting that it probably will take as long as Hudson Point and the bottom line on Hudson Point is that it passed. COUNCILMAN MONAHAN-Noted that Hudson Point passed, but it passed with a lot different configuration than what it was when they started working on the project. The end result was that there were major changes in that development. MR. DEMARS-Spoke to the board regarding the boat launch at Hudson River Park? SUPERVISOR CHAMPAGNE-Are out for engineering studies. Goal is to complete the project as far as the State Funding is concerned by the end of this year. If we are unable to expend all of the funding available will ask the State to roll it over into January, the Spring of 1997. MR. DEMARS-Spoke to the board regarding a counter on Big Boom Road. Questioned it was the State that put it in or the Town? SUPERVISOR CHAMPAGNE-Noted the Town doesn't have counting devices it would probably be the State. Noted he did not receive any letters regarding this. OPEN FORUM CLOSED 11 :00 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 339,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss one matter one matter pending litigation and one matter proposed litigation. Duly adopted this 5th day of August, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 340, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session Duly adopted this 5th day of August, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None AbsentNone RESOLUTION AUTHORIZING LEGAL ACTION AGAINST JOHN SERBALIK RESOLUTION NO. 341,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that Town Counsel is authorized to commence civil action in Supreme Court against John Serbalik seeking access to property for testing purposes and injunction if pollution is discovered. Duly adopted this 8th day of August, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury