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1984-10-23 TOWN BOARD MEETING 265 OCTOBER 23, 1984 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Olson-Councilman Dr. Charles Eisenhart-Councilman Mr. Daniel Morrell-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PLEDGE OF ALLEGIANCE LED BY COUNCILMAN EISENHART PRESS: G.F. Post Star GUESTS: Mr. Adamson, Mr. O'Connor, Mr. Matthews, Mr. Alexy TOWN OFFICIALS: Mr. Paul Naylor, Mr. Thomas Flaherty, Mr. Rick Missita, Mr. Mack Dean MEETING OPENED 7:38 P.M. --------—--------------QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-Application of Mr. Fred Alexy-Variance to Article 3 Section 3.030B of the Sanitary Sewage Disposal Ordinance-Location of Property, North End of Cleverdale- Application to remove dry wells and install mound system...NOTICE SHOWN SUPERVISOR WALTER- Is there anyone here who wishes to speak on behalf of or opposed to the variance of Mr. Alexy? JOHN MATTHEWS-Contractor for Mr. Alexy-present to answer any questions...What we have is a situation where we have a very sluggish system. The system works during dry times, but during periods of rain, spring melt, where the water table rises,this results in a sluggish system. We are attempting to modify the system to get the leaching area closer to the surface so that more evaporation can occur. The system now contains two dry wells, deep in the ground and it does not allow the needed evaporation to occur. The Wisconsin Type Mound System near and above the surface would allow the evaporation to take place. COUNCILMAN EISENHART- If I read the map correctly, this shows that the edge of the mound area would be about fifty feet from the lake shore? JOHN MATTHEWS-It is near the exact center of the point. COUNCILMAN MONAHAN- Mr. Matthews, you show one side of the mound system fifty feet from the shore, how far is it from the other side? JOHN MATTHEWS-Approximately fifty feet. COUNCILMAN EISENHART- Mr. Dean, have you seen the system fail? MACK DEAN,BUILDING INSPECTOR-No, I have not observed it when it was failing... FRED ALEXY-APPLICANT-The system is becoming more sluggish and during the spring months, or when there is wet weather, the system backs up into the tub, after two or three days of dry weather, it goes back down. It is now getting to the point where I am more concerned about it, due to potential health problems. If this type of weather persists we will be visited by this problem more often. Rather than wait for the system to fail completely, we felt that now would be the time to deal with it. COUNCILMAN EISENHART- How old is the house? FRED ALEXY- The house dates back to the 40's we renovated it in 1969. aZ66 The system as you see it now existed in 1969. SUPERVISOR WALTER-In looking at the map the system is pretty much the same location as the old one? FRED ALEXY- Yes. Noted that with the present system the ground water raises higher than the tank and that causes it to back up into the bathtub. This is an attempt to avoid that problem with the use of the mound system. MR. ADAMSON-I am here for myself, a representative of the Assembly Point Association and the Lake George Association. What is the requirement in regards to public notice, and when was notification given for this hearing? TOWN CLERK-DONALD A. CHASE-The legal Ad was in the Glens Falls Post Star on October 13, 1984. MR. ADAMSON-How do you base these issues, one by one as they come up, until something is done on a broader scope? Asked if this variance was 3-84? Does this mean that there were two in 1984 before this one? SUPERVISOR WALTER- Yes. MR. ADAMSON-So we are not getting very many. How does this proposed system effect the lake, more of a threat or less? Is there the legal seperation between ground water, the legal seperation being three feet? I am not for or against, I would like this gone over with a fine tooth comb. How do you tie this in with what you are doing about solving the sewage problem on a broad basis? SUPERVISOR WALTER- To rephrase your question, is this proposal a better system? JOHN MATTHEWS- Yes it is. MACK DEAN,BUILDING INSPECTOR-The soils at that location are what is referred to as tight, this does not allow the effluent to leach into the ground to be cleansed by the soil. The Mound System is state of the art, it requires that it be put in very carefully, exactly, and it works in a like manner. MR. ADAMSON-How close are you going to come to meeting the specifications? Will there be a three foot gap? JOHN MATTISON-We have measurements as to the high water mark over a period of years and we will use that as a reference. MR. ADAMSON- You will have an improvement, and will conform to the ordinance. JOHN MATTISON- We will be above the high water mark. MR. ADAMSON- I believe that in the ordinance you cannot have a mound system? MACK DEAN- No, I am sorry...reviewed the ordinance... SUPERVISOR WALTER- You asked if they are taken on an individual basis.Yes they are. Your third question, what are we doing about the sewer project? That is not germaine to this public hearing. We are dealing with a variance, section 3-030B of Article 3 of the Sewage Ordinance. MR. ADAMSON- If there is a hope of an encompassing system, this should be tabled to wait for that system. COUNCILMAN MONAHAN- Mr. Adamson, you have a system that is going to fail. Wouldn't you rather correct a failing system than let it fail for three years until you can get sewers, and be polluting the lake for three years? MR. ADAMSON-It is remarkable what you can do with a holding tank. The answer to your question is that there is an answer to all these problems. If there is hope for a broader solution ,then why go to the expense of putting this in. SUPERVISOR WALTER- That is Mr. Alexy's decision. 267 MR. ADAMSON-The Board also has a choice of requiring a holding tank. SUPERVISOR WALTER-That is another option. MR. ADAMSON-Any of these hearings, now or in the future, all should be considered in what we need to do over the longer period of time. COUNCILMAN OLSON-The best solution would be a sewer system, but under the problem that we have facing us tonight, I think Mr. Alexy came to us with a request, he has not got a failing tank as I see it right now, he has a troubled system. I think he is trying to eliminate the problem at his own expense. Is there any other location on the property to place the mound sys- tem? JOHN MATTHEWS- No. i - MR. ADAMSON- What role will DEC play in this solution? SUPERVISOR WALTER- None, This is the total responsibility of the Local Board of Health. MR. ADAMSON- I understood that DEC and the Health Dept. would be called on for their x e ertise...I would think that at you would want as much expertise on this as you can get, there is always the possibility that you should have a holding tank. MACK DEAN, BUILDING INSPECTOR- Holding tanks are not recommended by the Town, Encon or any other municipalities. They are subject to failure, they are expensive and some people do not take care of them very well. Holding tanks are a very last resort. COUNCILMAN MORRELL- The automatic system was questioned... JOHN MATTHEWS- Explained the use of the system. MR. ADAMSON- I think we have to be careful about putting down holding tanks... SUPERVISOR WALTER- Asked the Board if the variance would be detrimental to the purposes or objectives of this Ordinance or other adjoining properties or conflict with the purpose or objectives of any plan or policy of the Town? COUNCILMAN EISENHART-This would be an improvement over what we have now, and I can see less danger of contaminating the lake from this than from a holding tank, I am in favor of this variance. COUNCILMAN MONAHAN- How close is this from the neighbors well or septic systems... JOHN MATTHEWS-I cannot answer that...the majority of people on the lake take their water from the Lake. In regard to the septic system, I believe that would be on the far end of the point... SUPERVISOR WALTER- The proposed mound system would not be any closer to anyones septic system or well than what was already existing. Questioned if the Board wished to take any action this evening and if so would there be any special conditions... COUNCILMAN OLSON- Questioned if variances were reviewed from time to time? MACK DEAN,BUILDING INSPECTOR-Not really, they are inspected at the time of installation... SUPERVISOR WALTER- Hearing closed - RESOLUTION TO APPROVE VARIANCE RESOLUTION NO. 3, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: I 268 WHEREAS, the local Board of Health of the Town of Queensbury has reviewed the request for a variance of the Sanitary Sewage Disposal Ordinance requested by Mr. Fred Alexy and has determined the following: A. That there are special circumstances or condition of which the strict application of the provisions of this Ordinance would deprive the applicant of reasonable use of such land. B. That the Variance would not be materially detrimental to the purposes or objectives of this Ordinance, or to other adjoining properties or otherwise conflict with the purpose or objectives of any plan or policy of the Town. C. That the granting of the variance is necessary for the reasonable use of the land and that the variance is the minimum variance which would alleviate the specific unnecessary hardship found by the local Board of Health to affect the applicant. NOW, THEREFORE BE IT RESOLVED, pursuant to the above findings the local Board of Health has approved the variance of Mr. Fred Alexy, property located at the north end of Cleverdale, Tax Map Number 14-2-2. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-Adjourned the meeting of the Queensbury Board of Health... -----------------QUEENSBURY TOWN BOARD MEETING------------- RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 251, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED, that the Town Board Minutes of October 9th 1984 a Special Meet- ing and Regular Meeting, be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None Supervisor Walter-Mr. LaRose, Town Assessor has requested permission to attend Seminar on Assesssing Condominiums on Thursday, November 8th 1984, in Saratoga Springs. RESOLUTION TO APPROVE ATTENDANCE AT SEMINAR RESOLUTION NO. 252, Introduced by Dr. Charles Eisenhart, who moved ---' for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that permission is herby granted to Mr. Harold LaRose, Town Assessor to attend a Seminar on assessing condominiums on November 8th _. 1984 in Saratoga Springs, and be it further RESOLVED, that the Town Board authorizes payment of all reasonable. rind necessary expenses and be it further RESOLVED, that attendance is contingent on transportation. 269 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COMMUNICATIONS i -Lts. from the Water and Highway Dept. on the approval of Orchard Drive by these departments...on file Town Clerk-Donald Chase- I have no deed for Orchard Drive... Town Counsel-Wilson Mathias- I have the deed for Orchard Drive. Supervisor Walter-That should be properly filed with the Town Clerk... Town Counsel-Wilson Mathias- I will have the Deed to the Town Clerk to- morrow... Supervisor Walter-Let the record show that the Town Attorney will provide the Town Clerk with the deed on the morrow. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY TO BE KNOWN AS ORCHARD DRIVE RESOLUTION NO. 253, Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, ANTHONY RICCIARDELLI, has executed and offered a deed for a Town Roadway not less than fifty (50) feet in width, which is particularly described in Schedule "A" annexed hereto and made a part hereof, and WHEREAS, Paul H Naylor, Superintendent of Highways of the Town of Queens- bury, has advised that he has made the necessary inspection of the right of .way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Baord accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation in the proposed highway which is located within the geographical boundaries of the Queensbury Consolidated Water District and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq., Counsel to the Board NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that this new road be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NO. 294, DESCRIPTION:Beginning at Wincrest Drive, and continuing in a Southeasterly/northeasterly direction ending at Wincrest Drive NAME: ORCHARD DRIVE MILEAGE: 2,066 feet .39 Miles 270 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None -Lts. Highway and Water Department approvals on Woodcrest Drive and Hillside Drive..on file Town Clerk,Donald Chase- No resolution of acceptance or Deeds from the Town Counsel... i Town Counsel, Wilson Mathias-I have not received all the title documents and the ones 1 have received, I have some questions about...I am not prepared at this point to prepare the resolutions of acceptance... ,ter Mike O'Connor-Attorney- Representing one of the many parties who have an interest in the dedication of this road. Part of the problem is that so many people have an interest in it that the ball is bouncing rather than being carried by one individual from beginning to end. The owner of the property is represented by someone else. Asked if the Board would consider a resolution subject to Wilson's satisfying himself as to the title.I think that the construction has been completed to the satisfaction of Mr. Naylor and Mr. Flaherty. If we had a conditional type of resolution we probably could have a dedication.There are people who already reside on the road. They will be using the road as a means of access. Mrs. Walter - To ask the Town Board to give a conditional approval on the road is a very difficult thing for all of us to do. Mike O'Connor- Described the problem with a mechanic's lien on the property... all documents are conditional upon the Town accepting the road into the town highway system... Councilman Olson- We have approval from the Highway and Water on these roads, all we are looking for is a valid deed ...I do not know of a case when there has been approval from the Highway and Water Supt. that the Town Board did not accept the Highway... Supervisor Walter- Noted that the Town Board will be meeting at a Special Session on October 30th at 4:30. I£ the paper work is finished on these two roads the Board will at that time consider accepting them into the Town Highway System... Town Counsel-Wilson Mathias- They are lacking the school tax receipts, there is currently a mechanic's lien on the property... RESOLUTION SETTING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 254, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED, that the Town Board hereby set the date of October 30th 1984 at 4:30 P.M. at the Queensbury Town Office Bldg. as a Special Town Board Meeting to set a public hearing on the Preliminary Budget and the intended use of FRS funds of 1985 and to consider the acceptance of two roads in the Stonecroft Subdivision. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None OPEN FORUM 8:39 P.M. -Mr. Paul Naylor, Highway Supt.-Noted he had received requests from residents 271 of Homestead Trl. Park and Forest Park for stop signs to be installed coming out of their respective parks unto the through streets... (DISCUSSION- It was the decision of the Town Board to have Town Counsel look into this situation being that the streets are private) Ltr. (Read by Supervisor) OCTOBER 18, 1984 tRE: Adirondack Resource Recovery Project i Dear State of Local Agency: The Village of Hudson Falls has received a request from Adirondack Resource j Recovery Associates to construct a waste-to-energy resource facility within the Village of Hudson Falls which would receive and incinerate approximately 115,000 tons per year of refuse and produce electricity for sale to Niagara Mohawk Power Corporation. Pursuant to the New York State Environmental Quality Review Act ("SEQRA"), Environmental Conservation Law Article 8, and the Regulations promulgated thereunder, 6 New York Code of Rules and Regulations ("NYCRR") Part 617, your Agency is potentially an "involved agency" within the meaning of 6 NYCRR § 617.2 (q). As this is a Type I action within the meaning of 6 NYCRR §617.12, designation of lead agency and determination of significance are governed by 6 NYCRR §617.6. As the Project Site is located within the Village of Hudson Falls and as the impacts of this Project will be local in nature, it is our recommendation that the Village of Hudson Falls be designated as "lead agency" as defined in 6 NYCRR §617.2 (r) by agreement among the potentially involved agencies. Pursuant to 6 NYCRR §617.6(b), no Environmental Assessment Form is ac- companying this notice as it is anticipated that an Environmental Impact Statement will be prepared for this Project. Therefore, pursuant to 6 NYCRR §617.6(d)(1), if you wish to object to the designation of the Village of Hudson Falls as lead agency, please notify us at your earliest convenience. Otherwise, if no objection is received before November 18, 1984, then we will presume that your Agency has no objection to such designation. Very truly yours, /s/ Morris A. Nassivera Mayor, Village of Hudson Falls RESOLUTION DESIGNATING VILLAGE OF HUDSON FALLS AS LEAD AGENCY RESOLUTION NO. 255, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, it appears that the Adirondack Resource Recovery Project site is to be located in the Village of Hudson Falls, and WHEREAS, it is the recommendation of the Village of Hudson Falls that they be designated as "lead agency" as defined in 6 NYCRR Section 617.2 (r) of the Environmental Conservation Law, Article 8, and the regulation promulgated thereunder, 6 New York Code of Rules and Regulations "(NYCRR)", Part 617 and WHEREAS, the Town of Queensbury is potentially an "involved agency" within the meaning of 6 NYCRR Section 617.2 (q) and WHEREAS, this is a Type I action within the meaning of 6 NYCRR Section 617.12, designation of lead agency and determination of significance governed by 6 NYCRR 617.6 and WHEREAS, the Village of Hudson Falls has asked to be designated as "lead agency as defined in 6 NYCRR Section 617.2 (r) by agreement among the potentially involved agencies, 272 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury approves the Village of Hudson Falls designation as "lead agency" in this project. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 256, Introduced by Dr. Charles Eisenhart who moved for —j its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as appears on Abstract No. 84-10C and nu- mbered 1921 through 1922 and totaling $3818.50 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 257, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED, that the Town Board hereby moves into executive session to discuss negotiations. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk i I