06-07-2021 MTG#19
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 614
REGULAR TOWN BOARD MEETING MTG#19
JUNE 7, 2021 RES#184-201
7:02 P.M. B.H. 24-30
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
MARK SCHACHNER, ESQ.
TOWN OFFICIALS,
SENIOR PLANNER, STUART BAKER
PRESS
POST STAR, LOOK TV, BEHAN COMMUNICATIONS, PEPE PRODUCTIONS
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE
SUPERVISOR STROUGH-Called meeting to order….Tonight on the agenda there is a public
discussion regarding the Site Characterization Remedial Investigation Feasibility Study of
Queensbury Landfill. We are here to seek your opinion on the matter. To consider your opinion
as we debate which entity would be the best entity for all of us to pursue this Characterization
Study or Investigation. John Munsy from DEC sent some updates based on email
correspondence with the New York State DEC. Nineteen private residences are being provided
with bottled water for consumption purposes based on this nominal increase eighteen to nineteen
over the last couple of weeks. The area of identified groundwater contamination is soon to be
approximately the same as previously estimated. New York State DEC is in the receipt of
groundwater testing results for Ciba Geigy Landfill. Once these results are provided to the
owner they will be made available to the public. I have made a formal Foil request on behalf of
the Town for this information. McLaughlin C&D Landfill water results are expected any day.
Once the Ciba Geigy and the McLaughlin C&D Landfill results are in I will forward to the Town
team. Tonight, I have a resolution if the Town Board after hearing everything that everyone has
to say feels strong enough one way or the other I have a Resolution that allows us to go one way
or the other. Should the Town Board feel strong enough in their conviction to go one way or the
other? If not it would have to be perhaps at another time.
PUBLIC DISCUSSION: Site Characterization Remedial Investigation Feasibility Study of
Queensbury Landfill.
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 184, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and
enters into the Queensbury Board of Health.
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Duly adopted this 7 day of June, 2021 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT:None
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 615
PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF
MICHAEL CHASE-DARK BAY LANE, LLC
PUBLICATION DATE: MAY 21, 2021
AGENT BRANDON FERGUSON, P.E. ENVIRONMENTAL DESIGN PARTNERSHIP,
LLP.
SUPERVISOR STROUGH-We did a site visit and we made some suggestions for a more
protected more enhanced system, which we did get plans for today.
MR. FERGUSON-I am here tonight with Michael Chase who is the owner of the property. This
property is located on Dark Bay Lane. There is an existing house on the property. He is looking
to remodel the house and add a garage. As part of the remodeling, he is looking to upgrade the
septic system. The existing septic system is located in the approximate location of where we are
proposing. We do not know the exact size of it. There is a thousand gallon concrete tank. We
did hit the field a little bit when we were digging around. We don’t know exactly what the field
is. With the new septic system, we are proposing an Eljen trench system. When we met with
you guys out there last Thursday we kind of talked things over. You brought up the separation
distance to bedrock as well as the enhanced treatment because of the location to the wells. We
did add a Clarus Fusion tank with an enhanced treatment unit. We did raise the system up a foot
in order to get the three feet to bedrock. The variances we are asking for at this point I believe
are at the separation distance to his proposed well. The separation distance to the location of the
neighbors well and the side yard.
SUPERVISOR STROUGH-You also added an effluent disinfection system…that is very good.
Here we have a pretreatment system to your credit a Fusion 450 Enhanced Treatment Unit that
does aerobic and anaerobic. Clarus the Company that makes this product claims that the water
going to the UV is almost drinkable already to the process it goes through, although I do not find
any volunteers for that. However, that being said this pretreatment system is probably one of the
best. There are other good ones. Then it goes through a UV. The pathogens are taken care of
there. Then it goes to an advance filtration bed the Eljen System. Given the site limitations with
the bedrock there, I think you did a good job.
COUNCILMAN FERONE-I think they did everything that they said that they would do when
we did the site visit.
COUNCILMAN FREER-Just for the record John. I was out there today. I got sort of an
overview of what was going on. I talked to Mrs. Chase.
SUPERVISOR STROUGH-Anybody from the public wish to speak to this application.
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING MICHAEL CHASE / DARK BAY LANE, LLC’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 24, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 616
WHEREAS, Michael Chase on behalf of Dark Bay Lane, LLC (Applicant) filed an
application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal
Ordinance Chapter 136 to install a:
1. leaching system 65’ from the proposed well in lieu of the required 100’ setback;
2. leaching system retaining wall 73’ from a neighboring well in lieu of the required 100’
setback;
3. leaching system wall 9’ from the property line in lieu of the required 10’ with retaining
wall within 1.5’ of the property line; and
4. bottom of the leaching system 2’ above the bedrock in lieu of the 3’ requirement;
on property located at 40 Dark Bay Lane in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance request on Monday, June 7, 2021, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Michael
Chase on behalf of Dark Bay Lane, LLC for variances from the Sewage Disposal Ordinance to install
a:
1. leaching system 65’ from the proposed well in lieu of the required 100’ setback;
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 617
2. leaching system retaining wall 73’ from a neighboring well in lieu of the required 100’
setback;
3. leaching system wall 9’ from the property line in lieu of the required 10’ with retaining
wall within 1.5’ of the property line; and
4. bottom of the leaching system 2’ above the bedrock in lieu of the 3’ requirement;
on property located at 40 Dark Bay Lane in the Town of Queensbury and bearing Tax Map No:
239.18-1-37, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack
Park Agency during such period.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICTION OF BRETT AND
PAMELA WEST – 106 BAY PARKWAY ROAD
PUBLICATION DATE: MAY 21, 2021
AGENT DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP, LLP
SUPERVISOR STROUGH-The only variance they are asking for is to be allowed to put a
holding tank in lieu of a septic system, which I tend to like. I have announced this to the public
before. I know where it is. I know where it is not. I know where it is going. It goes away from
Lake George to a treatment facility. It is very safe if you are in situations where you think you
need this kind of arrangement.
MR. MACELOY-This is out at the north end the tip of Assembly Point. There is an existing
structure on some of the documents that are part of the application; you saw a site plan, which
indicates house location. That will be actually for a future house. The existing house will be
removed and a new house constructed. Based on their knowledge of the property their concerns
about the lake the water quality and what not. They really suggested to me and wanted to use a
holding tank system on the property. If there were an onsite system, there would be variances
involved. Instead of pursuing that, it felt comfortable with holding tank situation. As John
indicates it should be full proof as far as capturing all that wastewater and it gets trucked away.
There is not something that is reliant on further treatment and discharged to the native soils. We
provided two two thousand gallon tanks for a four thousand gallon capacity of holding, which is
in compliance with Queensbury’s requirements for a holding tank system as well as an alarm
system that would give two different water levels notifying the owners of when they have
reached certain capacity when they reach a full tank. Also, a mechanism shuts off the water
system. No more water can be used. No more water can be delivered to the house once you
reach that maximum capacity. This is for 106 Bay Parkway.
SUPERVISOR STROUGH-Any questions to the applicant’s agent.
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 618
COUNCILMAN FREER-My question is what is the expected life of one of these holding tanks?
MR. MACELROY-A concrete tank it is similar to a septic tank. A modern septic tank certainly
would have a lifetime of thirty, forty years.
COUNCILMAN FREER-They do not publish that in terms of these holding tanks expected life.
MR. MACELROY-A holding tank is the same construction as a septic tank. These technically
are septic tanks. The outlet port is sealed off.
COUNCILMAN FREER-They don’t publish an expected life?
MR. MACELROY-I guess the figure that I would use is what I heard is simply thirty years plus.
The thing about older septic tanks was the concrete baffles they used to break down. Now those
are not really used. You use plastic baffle…plastic pipe that delivers the sewage into the tank.
COUNCILMAN FREER-I had a question about this John and I called Chris Navitsky. I said
why does New York State not really favor holding tanks. We had that question on the Zoning
Board before. Chris’s answer was enlightening to me. I would like to just share it. His sense is
the reason New York State does not favor holding tanks is because if you need a holding tank it
potentially should not be a buildable lot. In this case, it is a retrofit. He was fine with the fact
that a holding tank on a retrofit lot made sense. As, I drove by today I kind of said maybe the
second version of that applies to one zero eight. As, I understand there was a house there
already. That apparently is the logic of why New York State does not allow us to write into the
Code that holding tanks are good to go. Do you want to comment on that Dennis?
MR. MACELROY-My experience has been that Department of Health 75-A is here simply for
new construction. That is why you have jurisdiction over what happens around the lake on so
many of these replacement systems. Health Department does not want anything to do with
replacement systems. Therefore, the regulations speak to under holding tanks to new
construction. That is why it is discouraged or perhaps not allowed under their regulations,
except in temporary cases where there may be a future municipal system down the line that
would be connected.
COUNCILMAN FERONE-I also think it is a unique situation in that this particular set of
properties is on a peninsula that is practically surrounded on three sides by water. I am sure
while it may have been able to fit, it would be difficult to get two separate septic systems on the
property.
MR. MACELROY-There would be variances required. I can’t stand here and say that it terrible
because other times I have been here asking for just that.
COUNCILMAN FREER-As I recall from a Zoning Board discussion on this property there is an
intermittent stream that is on the north side there, which is another challenge.
MR. MACELROY-We did not really discuss that at the site the other day. There is a drainage
way. I do not know whether I would characterize it as a stream. There is a drainage way that
drains the interior north part of Assembly Point. That is another factor, I am sure the Wests were
aware of.
SUPERVISOR STROUGH-Any other questions for the applicants Agent before I open the
public hearing?
SUPERVISOR STROUGH-Town Counsel, Schachner.
TOWN COUNSEL, SCHACHNER-In terms of why the State does not favor holding tanks going
back several decades traditionally they were disfavored because what I call the olden days. The
technology for the warnings making sure it does not get overflowed the shut off and all of that
has advanced quite substantially. There were horror stories decades ago of holding tank failures
that are largely prevented through the improvements in the design of the systems. Historically
that is another reason the State disfavored them.
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 619
COUNCILLMAN FREER-Thanks Mark.
SUPERVISOR STROUGH-I will open the public hearing. Anyone present wish to speak to this
application?
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR
BRETT AND PAMELA WEST –
106 BAY PARKWAY ROAD
RESOLUTION NO.: BOH 25, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Brett and Pamela West (Applicants) applied to the Local Board of Health for a
variance from Chapter 136, §136-11 which requires applicants to obtain a variance for holding tanks,
as the Applicants wish to install two (2) 2,000 gallon capacity septic holding tanks for a total of 4,000
gallons of capacity in lieu of a sewage disposal system to serve a proposed four (4) bedroom house
on property situated at 106 Bay Parkway Road in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
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requests on Monday, June 7, 2021, and
WHEREAS, the Town Clerk’s Office advised that it duly notified all property owners within
500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that:
1. due to the nature of the variance, it is felt that the variance would not be materially
detrimental to the purposes and objectives of this Ordinance or other adjoining properties
nor otherwise conflict with the purpose and objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 620
specific unnecessary hardship found by the Local Board of Health to affect the
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Brett and
Pamela West (Applicants) for a variance from the Sewage Disposal Ordinance to allow installation
of two (2) 2,000 gallon capacity septic holding tanks for a total of 4,000 gallons of capacity in lieu of
a sewage disposal system to serve a proposed four (4) bedroom house on property situated at 106 Bay
Parkway Road in the Town of Queensbury and bearing Tax Map No.: 226.15-1-17, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack
Park Agency during such period.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT:None
PUBLIC HEARING –SEWAGE DISPOSAL VARIANCE APPLICATION OF BRETT
AND PAMELA WEST/WEST POINT SOUTH, LLC 108 BAY PARKWAY ROAD
PUBLICATION DATE: MAY 21, 2021
AGENT DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP, LLP.
SUPERVISOR STROUGH-The only variance being requested here is to have a holding tank,
two two thousand gallon septic holding tanks in lieu of the septic disposal system. Again, like
the other one it has all the bells and whistles, alarms and safeguards. The water shuts off at
certain levels and everything else. As Town Counsel Schachner pointed out modern technology
has better enabled this than when the 75-A was originally envisioned. Anything else you would
like to say on this?
MR. MACELROY-This is the property at 108 Bay Parkway, which is immediately to the south
of the West residence. They were able to purchase this property years ago. There was a single-
family residence on it up until last year. This is a replacement house on that smaller lot of the
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 621
two. This one is even more restrictive in its ability to site and onsite wastewater system. We
proposed the two thousand gallon tanks for a four-bedroom capacity is required by Queensbury.
SUPERVISOR STROUGH-Any questions from the Board before I open the public hearing?
Anybody present wish to speak to this variance application for 108 Bay Parkway Road owned by
Brett and Pamela West?
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR
BRETT AND PAMELA WEST/WEST POINT SOUTH, LLC – 108 BAY PARKWAY
ROAD
RESOLUTION NO.: BOH 26, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Brett and Pamela West/West Point South, LLC (Applicants) applied to the Local
Board of Health for a variance from Chapter 136, §136-11 which requires applicants to obtain a
variance for holding tanks, as the Applicants wish to install two (2) 2,000 gallon capacity septic
holding tanks for a total of 4,000 gallons of capacity in lieu of a sewage disposal system to serve a
proposed four (4) bedroom guest house on property situated at 108 Bay Parkway Road in the Town
of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
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requests on Monday, June 7, 2021, and
WHEREAS, the Town Clerk’s Office advised that it duly notified all property owners within
500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that:
1. due to the nature of the variance, it is felt that the variance would not be materially
detrimental to the purposes and objectives of this Ordinance or other adjoining properties
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 622
nor otherwise conflict with the purpose and objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Brett and
Pamela West/West Point South, LLC (Applicants) for a variance from the Sewage Disposal
Ordinance to allow installation of two (2) 2,000 gallon capacity septic holding tanks for a total of
4,000 gallons of capacity in lieu of a sewage disposal system to serve a proposed four (4) bedroom
guest house on property situated at 108 Bay Parkway Road in the Town of Queensbury and bearing
Tax Map No.: 226.15-1-16, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such
notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack
Park Agency during such period.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE
APPLICATION OF ROBERT STEPHENS
RESOLUTION NO.: BOH 27, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 623
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal
Ordinance, and
WHEREAS, by Resolution No.: BOH 61,2020, the Local Board of Health approved the
application of Robert Stephens (Applicant) for a variance from Chapter 136, §136-11, which requires
applicants to obtain a variance for holding tanks as the Applicant wished to install a new 4,000 gallon
septic holding tank in lieu of a sewage disposal system on property located at 128 Sunnyside North
in the Town of Queensbury and bearing Tax Map No: 279.17-2-7 (Property), and
WHEREAS, the Applicant has again applied to the Local Board of Health for variances from
Chapter 136 as the Applicant wishes to install the new 4,000 gallon septic holding tank in lieu of a
sewage disposal system with the holding tank to be located on the Property:
1. 25’ from his well in lieu of the required 50’ setback; and
2. 46’ from his neighbor’s well in lieu of the required 50’ setback: and
WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment
Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow
deposit will be forfeited to the Town in the event that completion of a wastewater treatment system
meeting all standards is not completed within the time provided as established by Chapter 137,
and
WHEREAS, a change of deed for the Applicant’s property occurred on or about August
12, 2020 and when the required property transfer septic inspection took place, it was found that
the existing wastewater system was deficient but the proposed holding tank was not able to be
completed within the required six (6) month time period, and
WHEREAS, the Applicant has therefore applied for a timeline extension until August 31,
2021 to install the holding tank and to extend the date on which the $2,000 escrow deposit he
previously deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension, and
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 624
WHEREAS, the Local Board of Health will consider this request at the time of the public
hearing on the requested variances from Chapter 136,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing
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on Monday, June 21, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Robert Stephens’ sewage disposal variance application concerning property
located at 128 Sunnyside North in the Town of Queensbury and bearing Tax Map No.: 279.17-2-7
and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION GRANTING NICOLE AND JOSEPH PICKERING EXTENSION OF
TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY
LOCATED AT 3 PALMER DRIVE
RESOLUTION NO.: 28, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019
and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor
modifications to Chapter 137, and
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 625
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will
be forfeited to the Town in the event that completion of a wastewater treatment system meeting all
standards is not completed within the time provided as established by Chapter 137, and
WHEREAS, Nicole and Joseph Pickering (Applicants) previously advised the Town Board,
as the Town’s Local Board of Health, that due to inclement weather, the Applicants’ contractor was
unable to complete needed alterations to the Applicants’ wastewater system on their property
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located at 3 Palmer Drive in the Town of Queensbury by April 30 and therefore, the Applicants
requested that the Town Board grant them additional time or until the end of May 2021 to complete
such alterations and to extend the date on which the $2,000 escrow deposit they previously
deposited with the Town shall be automatically forfeited to the Town, and
WHEREAS, by Resolution No.: BOH 18,2021, the Town Board authorized and granted
Applicants the requested additional time or until the end of May 2021 to complete such alterations
and obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office,
and
WHEREAS, by letter dated May 25, 2021, the Applicants have advised that due to inclement
weather, their contractor will be unable to complete the needed alterations to the Applicants’
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wastewater system by May 31 and therefore the Applicants have requested that the Town Board
grant them additional time or until the end of 2021 to complete the alterations and to extend the
date on which the $2,000 escrow deposit they previously deposited with the Town shall be
automatically forfeited to the Town, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby
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authorizes and grants Nicole and Joseph Pickering additional time or until December 31, 2021 to
obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set
forth in Chapter 137 for completion of alterations to their wastewater system located on their
property at 3 Palmer Drive, Queensbury and to extend the date on which the $2,000 escrow deposit
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shall be automatically forfeited to the Town until such date of December 31, 2021 as delineated in
this Resolution and authorizes and directs the Town Supervisor and/or Director of Building and
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 626
Codes Enforcement to and take any and all actions necessary to effectuate all terms of this
Resolution.
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Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES : None
ABSENT : None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF JOSHUA’S ROCK CORPORATION
RESOLUTION NO.: BOH 29, 2021
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal
Ordinance, and
WHEREAS, Joshua’s Rock Corporation (Applicant) has applied to the Local Board of Health
for variances from Chapter 136 to install a replacement wastewater treatment system with
components of it to be located as follows:
1. Absorption bed to be 75’ from the well instead of the required 100’ setback; and
2. Septic tank to be 45’ from the well instead of the required 50’ setback;
on property located at 3089 State Route 9L in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing
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on Monday, June 21, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Joshua’s Rock Corporation’s sewage disposal variance application
concerning property located at 3089 State Route 9L, Queensbury (Tax Map No.: 239.19-1-12) and
at that time all interested persons will be heard, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 627
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500’ of the applicant’s property as required by law.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 30, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back
into the Town Board of the Town of Queensbury.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES: None
ABSENT:None
2.0 PUBLIC HEARING – 2021 APPLICATION TO NEW YORK STATE OFFICE OF
COMMUNITY RENEWAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDGB)
PROGRAM
PUBLICATION DATE:MAY 21, 2021
STU BAKER, SENIOR PLANNER
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 628
Good evening. The purpose of the public hearing tonight is to discuss a possible CDBG grant
application in the current CFA round for CDBG Public Infrastructure funds.
If you haven’t already signed in on the attendance form, please do so. We need to
document public hearing attendance in our grant application.
th
This is the PH notice was posted at the Town Clerk’s office on May 18, and published on
st
May 21in the Post Star.
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 629
The NYS program is separate from the HUD administered Community Development Block
Grant (CDBG) Entitlement Program that provides annual grants on a formula basis to
entitlement cities (including Glens Falls) and counties.
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 630
A low‐and moderate income person is defined as being a member of a household whose
income is less than 80% of the area median income for the household size.
A principal benefit to low‐ and moderate‐income persons requires at least 51% of the
project beneficiaries to qualify as low‐ and moderate‐income.
Consolidated Funding Application Round XI closes on July 30, 2021.
CDBG grants available under this CFA address the funding topics
shown.
Infrastructure: Individual applicant: $1M, With NYS Co‐Funding Initiative: $1.25M
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 631
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 632
Under Community Needs Assessment, Public Facilities includes the provision of affordable
housing.
These 3 CDBG housing grants helped assist 61 households. Average assistance per
household was approximately $17,000.
2013 ED grant assisted the Davidson Brothers brewery (now Northway Brewery) with
equipment purchases.
2017 funded the 2019 Affordable Housing Strategy effort & report
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 633
Describe property and residents, CRM’s role, history of sewer problems, and the
recommended solution (connection to public sewer).
REGULAR TOWN BOARD MEETING, 06-07-2021 MTG#19 634
Point out location of apartments (Burke Drive), and suggested route of sewer line (up to
Weeks Rd).
Note that Town and QUFSD are in discussions about the necessary easement.
Draft Resolution #2.1 on the Town Board agenda this evening would authorize this
application.
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 635
SUPERVISOR STROUGH-Any questions from the Town Board. It is a public hearing so I will open
the public hearing on this application of New York State Office of Community Renewal Community
Development Block Grant and for the purpose for which it has been explained. To extend sewer to
the benefit of the Montcalm Apartments as well as possibly the other entities that are in that area the
School System for example.
PAUL FRASCO, 3 CENTENNIAL DRIVE-We have others tying into the school and the businesses
how is the cost going to be split up?
SUPERVISOR STROUGH-Once we see some interest involved in that I assume the grant and their
contributions will pay for the service. Should it need upgrading to accommodate others I think the
Town would have to put in for that. Again, it would be a district in which, the district and whoever
wants to tie in would ultimately have to work out some arrangements.
MR. FRASCO-Ultimately it could affect the school taxes not much, but it is still a possibility.
SUPERVISOR STROUGH-We are proposing to use school property so we might be able to work
out some kind of arrangement. That is yet to be determined. Good question. Anybody else?
PUBLIC HEARING CLOSED
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE OFFICE
OF COMMUNITY RENEWAL
RESOLUTION NO.: 185, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, the New York State Office of Community Renewal (NYS OCR) is
accepting applications from eligible communities to compete for funds available through the
NYS administered Community Development Block Grant (CDBG) Program, and
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 636
WHEREAS, CDBG is a federally funded program that provides financial resources to
assist in the development of viable communities by providing decent housing and a suitable
living environment and by expanding economic opportunities principally for persons of low
and moderate income, and
WHEREAS, by Resolution No.: 175, 2021 the Queensbury Town Board scheduled
a public hearing concerning the Town's proposed application for funds through the New
York State Office of Community Renewal (OCR)'s administered Community
Development Block Grant Program, and
WHEREAS, the Town Board duly conducted its public hearing on Monday, June
7 2021, heard all interested persons, reviewed its housing and community development
,
needs and developed a proposed program and application for the CDBG funds, and
WHEREAS, the Town has reviewed its community development needs and is
proposing to submit an application to OCR for funding of a public sewer line and
connection serving the Montcalm Apartments, and
WHEREAS, the application to OCR requires that the Town Board authorize the
submission of the application and related actions, and
WHEREAS, the Town Board wishes to authorize submission of an application for
the CDBG funds,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board authorizes and directs submission
of the Town of Queensbury's application for Community Development Block Grant
(CDGB) funds through the New York State Office of Community Renewal (OCR)'s
administered Community Development Block Grant Program, with such application due
in July 2021, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
sign any necessary documents in connection with the submission, including all applications,
certifications and forms, and further authorizes and directs the Town Supervisor and Senior
Planner to take such other and further actions as may be necessary to effectuate the terms of
this Resolution.
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 637
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT:None
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES)
NO COMMENT
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING AMENDMENT TO 2021/2022 TRANSPORTATION
AGREEMENT BETWEEN CITY OF GLENS FALLS AND TOWN OF QUEENSBURY TO
CONTRIBUTE TO GREATER GLENS FALLS TRANSIT SYSTEM’S BIKE SHARE
PROGRAM
RESOLUTION NO.: 186, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the City of Glens Falls operates a public mass transportation system known as
the Greater Glens Falls Transit System (Transit System) which provides transit bus service within
portions of Saratoga, Warren and Washington Counties, and
WHEREAS, by Resolution No.: 294,2020, the Queensbury Town Board approved the
Transportation Agreement between the City of Glens Falls and Town of Queensbury for January 1,
2021 through December 31, 2022 for an amount of $59,137 annually for 2021 and the amount for
2022 to be set by the Advisory Committee in 2021, and
WHEREAS, the Town Board wishes to authorize an amendment to the Agreement to provide
for a $2,500 contribution toward the Transit System’s Bike Share Program as the Town Board
believes that this will expand public transportation service benefits and serve the public interest of
Town residents, and
WHEREAS, a copy of an amended Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
amendment to the Transportation Agreement between the City of Glens Falls and Town of
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 638
Queensbury for an amount of $59,137 annually for 2021 plus a $2,500 contribution toward the
Greater Glens Falls Transit System’s Bike Share Program, with the amount for 2022 to be set by the
Advisory Transportation Committee in 2021 (on which the Town has two representatives), to be paid
from the appropriate account, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the
Agreement in substantially the form presented at this meeting and the Town Supervisor, Senior
Planner and/or Budget Officer to take such other and further actions necessary to effectuate the terms
of this Resolution.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION REQUESTING SPEED LIMIT REDUCTION
FOR ENTIRE LENGTH OF CHESTNUT RIDGE ROAD
RESOLUTION NO.: 187, 2021
INTRODUCED BY : Mr. George Ferone
SECONDED BY : Mr. Harrison Freer
WHEREAS, the Queensbury Town Board and Town Highway Superintendent support a
lowering of the speed limit on the entire length of Chestnut Ridge Road in the Town of Queensbury
from 40 miles per hour to 30 miles per hour,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the maximum speed limit
on the entire length of Chestnut Ridge Road in the Town of Queensbury be lowered from 40 miles
per hour to 30 miles per hour for safety reasons, and
BE IT FURTHER,
RESOLVED, in accordance with Vehicle and Traffic Law §1622, that the Town Board further
authorizes and directs the Town Supervisor’s Office to forward a certified copy of this Resolution
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 639
and any other necessary documentation to the New York State Department of Transportation and/or
Warren County Department of Public Works for the purposes of studying and establishing a lower
maximum speed limit on the entire length of Chestnut Ridge Road and take any other needed actions
to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of June, 2021 by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION REQUESTING LAKE GEORGE PARK COMMISSION
TO DEVELOP FRAMEWORK FOR LAKE-WIDE SEPTIC INSPECTION PROGRAM
RESOLUTION NO.: 188, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury recognizes that Lake George is the economic engine
for our region and visitors are attracted by the lake’s crystal clear waters, and
WHEREAS, residents and visitors to our area rely on Lake George for their drinking water,
and
WHEREAS, failing and poorly maintained septic systems around Lake George impact the
lake’s water quality, thereby threatening not only people’s health but also the region’s economic
viability, and
WHEREAS, the need for a lake-wide septic inspection program has been identified by
multiple task forces, watershed coalitions, surveys and initiatives since the 1980’s,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby requests the Lake George Park
Commission, the entity empowered by New York State to adopt rules and regulations for the
collection, treatment and discharge of wastewater within the Lake George Park, to take the
necessary steps to develop the framework for a lake-wide septic inspection program, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
forward a certified copy of this Resolution to the Lake George Park Commission and the Assembly
Point Water Quality Coalition and take any other actions necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 7 day of June, 2021 by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 640
RESOLUTION AUTHORIZING HIRING OF MICHELLE MAYNARD
AS TRANSFER STATION ATTENDANT
RESOLUTION NO.: 189, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 160.2021, the Queensbury Town Board approved an
additional hourly, full-time Transfer Station Attendant position to replace a vacant Laborer position,
and
WHEREAS, consistent with the Collective Bargaining Agreement between the Town and
CSEA, the Transfer Station Supervisor posted availability for the position, reviewed resumes and has
made a hiring recommendation to the Town Board to hire Michelle Maynard,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Michelle Maynard as a full-time Transfer Station Attendant, subject to Ms. Maynard’s successful
passing of a pre-employment physical as required by Town Policy and successful completion of a
twenty-six (26) week probationary period, and contingent upon the Town successfully completing
background checks as reasonably necessary to judge fitness for the duties for which hired and drug
and/or alcohol screening, and
BE IT FURTHER,
RESOLVED, that Ms. Maynard shall be paid at the hourly rate of pay identical to that of the
Transfer Station Attendant position as set forth in the Town’s current Agreement with the Civil
Service Employees Association, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Transfer Station Supervisor and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 641
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION APPROVING YEAR 2020 SERVICE AWARD PROGRAM RECORDS
FOR QUEENSBURY VOLUNTEER FIRE COMPANIES
RESOLUTION NO.: 190, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX,
Inc., to provide the 2020 Standard Year End Administration Services for the Town’s Volunteer Fire
Companies and Volunteer Ambulance Workers Service Award Programs, and
WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board
approve the Fire Companies’ and Emergency Squads’ Year 2020 Service Award Program Records,
and
WHEREAS, the Town Supervisor’s Office has received and reviewed the records from each
of the Town’s five (5) Volunteer Fire Companies and found them to be complete, and
WHEREAS, the Town Board wishes to approve these records,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the 2020 Volunteer Fire
Company Service Award Program Records for each of the Town’s five (5) Volunteer Fire Companies,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Budget Officer to take all action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 642
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE’S
LAWN CARE FOR ONE-TIME CLEANUP AND MOWING OF
ABANDONED OR NEGLECTED PROPERTY - 28 OLD BAY ROAD
RESOLUTION NO.: 191, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement
(Director) has reported to the Town Board that the property located at 28 Old Bay Road in the Town
is in a state of serious neglect in that discarded junk needs to be cleared from the front side and rear
yards, two junk vehicles need to be removed from the front yard, and the front, side and rear yards
need to be mowed, and therefore the Director recommends that the Town Board authorize both a one-
time cleanup of the discarded junk and junk vehicles, as well as monthly mowing of this property,
and
WHEREAS, the Town Board has concluded that the condition of the property creates a public
health hazard due to concerns regarding junk, fire and the harboring of ticks and other vermin in the
tall grass, and
WHEREAS, the Director reports that he has previously attempted to contact the owner of
record by certified letter and/or posting of the property but his efforts have been to no avail and he
has been unable to reach anyone or to obtain any resolution of the situation, and
WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the
owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds
or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush,
rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed
by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed
by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or
weeds were found and the expense so assessed shall constitute a lien and charge on the real property
on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same
manner and at the same time as other Town charges, and
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 643
WHEREAS, the Director obtained quotes for the one-time cleanup and monthly mowing of
the property, and
WHEREAS, Cheap Pete’s Lawn Care submitted quotes dated 5/13/2021 as follows: 1)
one-time cleanup - $475 and 2) monthly lawn mowing - $60 per month for a total of four months
(June-September) for a total amount not to exceed $715 and therefore the Director recommends that
the Town Board engage their services,
NOW, THEREFORE, BE IT,
RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S.
mail to the Property Owner of Record as set forth above requiring that they cleanup and mow the
lawn on their property within 10 days and failing to do so, the Town will cause such action to be taken
and the cost thereof will be assessed by the Town Board on the real property and the assessment shall
constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and
shall be collected in the same manner and at the same time as other Town charges, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves of the Director of Building and Codes
Enforcement’s engagement of the services of Cheap Pete’s Lawn Care for the cleanup and mowing
of the property located at 28 Old Bay Road as described in this Resolution and as set forth in Cheap
Pete’s Lawn Care’s quotes dated 5/13/2021 as follows: 1) one-time cleanup - $475 and 2) monthly
lawn mowing - $60 per month for a total of four months (June-September) for a total amount not
to exceed $715 with the mowing to be paid on a monthly basis upon Cheap Pete’s Lawn Care
submitting proper invoices to the Town outlining the dates on which the property was cleaned up
and/or mowed, to be paid for from Account No.: 001-3620-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the Town Budget and transfer $715 from Contingency Account No.: 001-1990-4400 to Account No.:
001-3620-4400 and take any other and all actions necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Building and
Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments
of the total expenses of such cleanup, cutting, trimming, removal or spraying of the property so that
the expenses can be properly assessed and constituted as a lien and charge on the real property on
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 644
which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in
the same manner and at the same time as other Town charges, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION
AND CONVENTION DEVELOPMENT AGREEMENT
WITH UNDER THE WOODS FOUNDATION, INC. FOR
CHURNEY GURNEY FESTIVAL
RESOLUTION NO.: 192, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the
Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism
Promotion and Convention Development Agreement (Agreement) entered into between the Town
and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Town Board, and
WHEREAS, the Under the Woods Foundation, Inc., is organizing the “Churney Gurney
Festival” at Gurney Lane Park in the Town of Queensbury that hosts a mountain bike race and trail
running race, thereby helping to promote recreational opportunities in the community, attracting many
persons to the Queensbury area and providing an economic boon to the community, and
WHEREAS, the Town Board wishes to provide funding to the Under the Woods Foundation
in the amount of $4,500 with occupancy tax revenues received from Warren County and accordingly
enter into an agreement with the Under the Woods Foundation for the year 2021 for the promotion of
recreational activities and events to Town residents, and
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 645
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and the Under the
Woods Foundation, Inc., substantially in the form presented at this meeting and authorizes and directs
the Town Supervisor to execute the Agreement, with funding not to exceed $4,500 and to be provided
by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.:
050-6410-4412, and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take
all actions necessary to amend the Town Budget and increase appropriations and revenues as
necessary as follows:
Revenue Acct No. – 050-0000-51113 Occupancy Tax Revenue $4,500;
Expense Acct. No. – 050-6410-4412 Use of Occupancy Tax $4,500; and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town
that unallocated occupancy tax funds are available from Warren County.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION CONSENTING TO TOWN PLANNING BOARD
BEING DESIGNATED AS LEAD AGENCY REGARDING
CHRIS RACICOT SITE PLAN APPLICATION 35-2021
RESOLUTION NO. 193, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury is in receipt of a Site Plan Review Application and
Short Environmental Assessment Form relating to Planning Board Site Plan Application 35-2021
submitted by Chris Racicot concerning the proposed construction of Newcomb Street Townhouses,
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 646
a 14 unit two story townhouse building on 1.04 acres located at 20 Newcomb Street (the “Project”),
and
WHEREAS, the Town Board is an Involved Agency as the Project requires an out-of-district
sewer agreement, and
WHEREAS, the Town Planning Board has identified the Project to be an Unlisted Action for
purposes of State Environmental Quality Review Act (SEQRA) and is the Agency most directly
responsible for approving the Action because of the Planning Board’s responsibility for approving
land uses for the property and is the official Agency in this instance to review environmental
assessment concerns within the Town and therefore has concluded that it is the most Involved Agency
and should be Lead Agency for the purposes of SEQRA review, and
WHEREAS, the Planning Board has accordingly notified the Town Board that the Planning
Board is seeking Lead Agency status in accordance with SEQRA and has requested that the Town
Board consent to the Planning Board being designated as Lead Agency, and
WHEREAS, the Town Board wishes to provide such consent,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to the
Planning Board acting as Lead Agency for SEQRA review of Planning Board Site Plan Application
35-2021 submitted by Chris Racicot concerning the proposed construction of Newcomb Street
Townhouses, a 14 unit two story townhouse building on 1.04 acres located at 20 Newcomb Street as
delineated in the preambles of this Resolution, and authorizes and directs the Town Supervisor to
execute such consent and take any other necessary actions to effectuate the terms of this Resolution
and further authorizes and directs the Town’s Department of Community Development to notify any
other involved agencies of this determination.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT:None
RESOLUTION APPOINTING JACKSON LASARSO AND BRADY STARK AS
ALTERNATE MEMBERS OF TOWN ZONING BOARD OF APPEALS
RESOLUTION NO. 194, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 647
WHEREAS, the Town of Queensbury previously established the Town of Queensbury
Zoning Board of Appeals in accordance with applicable New York State law, and
WHEREAS, two (2) vacancies for alternate member positions exist on the Zoning Board, and
WHEREAS, the Town Board wishes to appoint Jackson LaSarso and Brady Stark as alternate
members of the Zoning Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Jackson LaSarso and Brady
Stark to serve as alternate members of the Queensbury Zoning Board of Appeals, such terms to expire
st
on December 31, 2027.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT: None
RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER
P. BRENT MCDEVITT AS REGULAR MEMBER OF
TOWN ZONING BOARD OF APPEALS
RESOLUTION NO. 195, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury previously established the Town’s Zoning Board of
Appeals (ZBA) in accordance with applicable New York State law, and
WHEREAS, by Resolution No.: 59,2018, the Town Board appointed P. Brent McDevitt as
an alternate member of the ZBA, and
WHEREAS, a ZBA regular member vacancy currently exists and therefore the Town Board
wishes to appoint Mr. McDevitt to serve as a regular member on the ZBA,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints current alternate member P.
Brent McDevitt as a regular member of the Queensbury Zoning Board of Appeals to serve the
remainder of the term of former member Michelle Hayward until such term expires on December
st
31, 2024.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 648
ABSENT:None
RESOLUTION TO AMEND 2021 TOWN BUDGET
RESOLUTION NO.: 196, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Accounting Office to take all action necessary to amend the 2021 Town Budget as follows:
To
Code Appropriation Code Appropriation $
001-0000-0909 Fund Balance 001-1420-4132-009 Other Legal Counsel 50,000
th
Duly adopted this 7 day of June, 2021 by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING ADOPTION OF JUNE 2021
TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN
RESOLUTION NO.: 197, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019
(COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic
Response Plan (Plan) to deal with this emergency situation, and
WHEREAS, by previous Resolution the Town Board authorized adoption of its Plan and
authorized the Town Supervisor to make modifications as he determined necessary as further
information became known, with the Town Board to later have the ability to approve or disapprove
an updated, revised Plan, and by subsequent Resolutions the Town Board authorized and ratified
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 649
adoption of the Plan as further revised, and
WHEREAS, certain modifications have been made since the Plan was last adopted and
revised and the Town Board wishes to consider the Plan as further revised for June 2021 as
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the June 2021
COVID-19 Pandemic Response Plan (Plan) in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, if necessary,
to make modifications to the Plan as he determines that in his discretion are necessary as the
situation changes and further information becomes known, with the Town Board to later have the
ability to approve or disapprove a further revised Plan, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency
Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities
Manager to take any and all actions necessary to effectuate the terms of this Resolution and the
Plan, as it may be amended.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES : None
ABSENT : None
RESOLUTION REGARDING UNDERTAKING OF
SITE CHARACTERIZATION – REMEDIAL INVESTIGATION/ FEASIBILITY STUDY
OF QUEENSBURY LANDFILL
LOCATED AT 1396 RIDGE ROAD
RESOLUTION NO.: 198, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the New York State Department of Environmental Conservation (DEC) has
recently identified the Town of Queensbury Landfill property located at 1396 Ridge Road,
Queensbury as a possible source of contamination and has advised that the site should be the subject
of a Site Characterization - Remedial Investigation/Feasibility Study, and
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 650
WHEREAS, DEC has therefore requested that the Town either agree to undertake the Site
Characterization - Remedial Investigation/Feasibility Study or consent to DEC doing so,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby consents to the New York State
Department of Environmental Conservation undertaking the Site Characterization - Remedial
Investigation/Feasibility Study of the Town of Queensbury Landfill property located at 1396 Ridge
Road, Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any necessary documentation and the Town Supervisor, Town Budget Officer and/or Town
Counsel to take all actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT:None
RESOLUTION APPROVING AUDITS OF BILLS –
WARRANTS: 05262021 AND 06082021
RESOLUTION NO.: 199, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented
as Warrants: 05262021 and 06082021 with run dates of 05/26/2021 and 06/03/2021 and payment
dates of 05/26/2021 and 06/08/2021,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the two (2) audits of bills
presented as Warrants: 05262021 and 06082021 with run dates of 05/26/2021 and 06/03/2021 and
payment dates of 05/26/2021 and 06/08/2021 totaling $368,672.62 and $1,015,660.01 respectively,
and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 651
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to take such other and further action as may be necessary to effectuate the terms
of this Resolution.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT :None
RESOLUTION AUTHORIZING HIRING OF JOHN SMITH
TO ASSIST IN GATHERING INFRASTRUCTURE DATA
FOR IMPLEMENTATION OF PUBLIC WORKS
ASSET MANAGEMENT CARTEGRAPH SOFTWARE
RESOLUTION NO.: 200, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 357,2020, the Queensbury Town Board authorized
engagement of Cartegraph Systems, LLC for professional software services to assist with public
works asset management, and
WHEREAS, the Town Board wishes to hire Town retiree John Smith to assist the Town in
gathering infrastructure data for implementation of the new public works asset management
Cartegraph software at a rate of $30 per hour,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
John Smith to assist the Town in gathering infrastructure data for implementation of the new public
works asset management Cartegraph software at a rate of $30 per hour, and
BE IT FURTHER,
RESOLVED, that payment for Mr. Smith’s services shall be paid for from such accounts as
may be determined to be appropriate by the Town Budget Officer, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 652
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take all
actions necessary, including any budget transfers and/or amendments to the Town Budget to
effectuate payment to Mr. Smith, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any documentation and the Town Supervisor and/or Town Budget Officer to take any other
actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of June, 2021, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT:None
5.0 CORRESPONDENCE
DEPUTY CLERK O’BRIEN-Supervisor’s Monthly Report for Community Development and
Building and Codes for the Month of May on file in Town Clerk’s Office.
6.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES)
PAUL FRASCO, 3 CENTENNIAL DRIVE-Spoke to the Board regarding a drainage issue at the
bottom of his driveway that has been ongoing since 2019. Noted he has contacted the Highway
Department regarding this issue for the last three years. There was a site visit it was noted at that time
that it was going to be fixed that was 2019. It is still not fixed. I have called every year for the last
three years regarding this issue. Part of the problem that is more important is communication. Asked
for some feedback from the Highway Superintendent’s Office on when this is going to be done.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN MCNULTY (WARD IV)
I met with Shawn Philip Jones, Vice President at Hudson Headwaters. I took a tour of the
Carey Road Campus. Hudson Headwaters is one of the, if not the biggest employer in Ward
IV and they are expanding. They have plans to expand three new facilities on Western Road.
These will be new jobs. Jobs with benefits that we have been talking about from a Town
Board perspective. They are outreaching and they are looking into investing more in
Queensbury. I applaud their efforts and I would hope the Town Board would as well.
COUNCILMAN FERONE (WARD III)
Updated the Board on the crosswalk that is going in on Aviation Road by Potter Road for the
connection to the two trails. I do see a lot of people crossing the road there. I think that will
be in the next six weeks or so it will be a positive thing.
We have the ongoing project of a sidewalk from Our Lady of Annunciation over to Cottage
Hill. When we put the light in, we thought it was a good idea to put a sidewalk in there. I
know that Chazen is still working on that.
COUNCILMAN FREER (WARD II)
Spoke regarding climate change noting he has been getting interest in developing a Climate
Action Plan. We have to get this going. We have to be more resilient for climate activities
REGULAR TOWN BOARD MEETING, MTG#19, 06-07-2021 653
and more sustainable. I know that is some of the things that are going to go in the
Comprehensive Land Use Plan that we are working on.
We have sixty six percent of New York adults with at least one Covid shot. The Governor
said that when we get to seventy percent he is going to remove Covid restrictions. I encourage
everyone to get a Covid shot.
COUNCILMAN METIVIER (WARD I)
Spoke regarding the Memorial Day Ceremony noting Supervisor Strough did a wonderful
job.
SUPERVISOR STROUGH
Presented Plague on behalf of Town Board to Eagle Scout Shawn Mannix at his Court of
Honor Ceremony on Saturday. He landscaped and created benches for the entryway at the
Caldwell Presbyterian Church in Lake George.
Thanked everyone involved with the Memorial Day Remembrance Ceremony.
Congratulated Chris Harrington, Water Wastewater Superintendent for receiving the Five
Year Directors Award in recognition for his commitment to superior water quality.
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Household Hazardous Waste Day to be held on July 24, 2021 9:00 a.m. to 2:00 p.m. at the
Warren County DPW, 428 Main Street, Warrensburg.
New York Planning Federation said that Glens Falls Attorney Mark Schachner has been
elected First Vice President of the New York Planning Federation. Mr. Schachner, Senior
Principal Attorney of Miller, Mannix, Schachner, and Hafner in Glens Falls and Round Lake
concentrates his practice in Municipal Environmental Land Use and Planning Zoning Law
noting this is well deserved.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 201, 2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town
Board Meeting.
th
Duly adopted this 7 day of June, 2021 by the following vote:
AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES: None
ABSENT:None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury
MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY CLERK II