10-16-2023 MTG#33 Regular Town Board Meeting, 10-16-2023, Mtg#33 272
REGULAR TOWN BOARD MEETING MTG#33
OCTOBER 16, 2023 RES. #352-371
7:01 PM BOH #65-72
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN GEORGE FERONE
COUNCILMAN TIMOTHY MCNULTY
TOWN COUNSEL
MARK SCHACHNER, ESQ.
PRESS
Look TV
SUPERVISOR STROUGH called meeting to order....
PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON TIMOTHY MCNULTY
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 352, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 16th day of October, 2023, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
1.1 PUBLIC HEARING- SEWAGE DISPOSAL VARIANACE APPLICATION OF
ART NORTON
Publication Date: September 30, 2023
SUPERVISOR STROUGH reviewed the application and requested two variances.
TOM JARRETT-Thank you for the introduction. My name is Tom Jarrett with RU Homes
Engineers. The Norton Family has property on Highview Lane just west of Dunham's Bay.
They have a five-bedroom residence and currently the existing system is old, very tired and too
close to the Lake. We looked at a number of locations on the property and I think you were all
there today for a site visit. You can see the property is constrained by not only size but
groundwater and bedrock. We found one corner of the property that is far from the Lake as
Regular Town Board Meeting, 10-16-2023, Mtg#33 273
possible near Holly Lane where we can squeeze in a system. So, the variances are needed to
accommodate the small footprint available. One variance is to the property line to the east and I
talked with that neighbor informally and they were fine with that. The other variance is for using
the recommended application rate for Eljen Replacement Systems in lieu of the Department of
Health application rate which allows a slightly smaller system we feel that is needed to be able to
fit the system in. Those are the variances that we need.
SUPERVISOR STROUGH-Thank you, any questions for the applicant's agent before I open up
the public hearing?
COUNCILMAN FREER-So this Eljen System is it same as the 30% reduction that was outlawed
by the Lake George...
MR. JARRETT-No, it is not. It's actually, Eljen has an application rate and the designed size
that they review with the Department of Health and it is their design manual and it meets their
guidelines that New York State approved several years ago. But, it is not technically the 33%. It
is not a 33%reduction on top of that though.
COUNCILMAN FREER-Thank you.
SUPERVISOR STROUGH-Okay, any other questions from the Town Board for the applicant's
agent? All right, I will open the public hearing. Is there anyone present tonight that wishes to
speak to Art Norton's 10 Highview Road application for two variances as I have described them?
All right, I will close the public hearing.
CLOSED PUBLIC HEARING
RESOLUTION APPROVING ART NORTON'SAPPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 065,2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS Art Norton(Applicant) filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement
wastewater treatment system with certain of its components as follows:
1. Disposal system toe of slope/toe of fill to be located 5'5"from the property line in lieu
of the required 10' setback; and
2. Design of Eljen Enhanced Treatment Unit (ETU) disposal system to use Eljen
replacement system soil application rate/soil permeability in lieu of the NYSDOH
application rates;
on property located at 10 Highview Road, 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
variance requests on October 16'', 2023, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 274
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 Art Norton
for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment
system with certain of its components as follows:
1. Disposal system toe of slope/toe of fill to be located 5'5"from the property line in lieu
of the required 10' setback; and
2. Design of Eljen Enhanced Treatment Unit (ETU) disposal system to use Eljen
replacement system soil application rate/soil permeability in lieu of the NYSDOH
application rates;
on property located at 10 Highview Road, Queensbury and bearing Tax Map No: 239.15-1-17, and
BE IT FURTHER,
RESOLVED, that the ETU shall be maintained by the property owner in accordance with
the manufacturer's recommendations for the life of the system, 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,
Regular Town Board Meeting, 10-16-2023, Mtg#33 275
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 review by the Adirondack Park Agency
during such period.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
1.2 PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF
JEANNE AUSTIN AND KARA HARADEN
Publication Date: September 30, 2023
SUPERVISOR STROUGH reviewed the application requesting holding tanks for 103 Assembly
Point Road.
LUCAS DOBIE-Thank you Mr. Supervisor. Good evening, Board for the record Lucas Dobie
with Hutchins Engineering representing Mrs. Jeanne Austin and Kara Haraden the owners of the
property, the log home at 103 Assembly Point Road which is the narrow part of Assembly Point
Road when you are coming down the hill before it widens out. So, we have the Lake on both
sides. The property is quite low just over three feet above the Lake level so there is very limited
solutions for the property. We feel that the holding tanks are the best solution as opposed to
asking for a slew of variances and in which extraordinarily expensive systems that may be a
bridge too far to pursue a treatment unit in a built-up field. So, our clients are comfortable with
the holding tanks; two 2,000 gallon traffic rated tanks is what we propose that are a one piece
body with them at the top to help prevent the... with no seam in the middle so we are concerned
about the high ground water. So, we are traffic rated so they hold down very well in which
usually floatation and they can be driven on. So, it is pretty straight forward. It is a yard area
between the house and Assembly Point Road. Now there is an old septic tank and some sort of
seepage area which we suspect is the laid out blocks. So we know that this would likely not pass
the Park Commission Inspection at the time, so our client is trying to get out ahead of this. And
it is their goal to do the work this fall, is my understanding. So, we are here to ask for your
approval and be happy to answer any questions the Board may have. Thank you for your time.
COUNCILMAN FERONE-Do they use that area that those tanks are going to go in, for parking?
It looked like a lawn area but it did not look like they had any parking available.
MR. DOBIE-Right, they do not have a designated park surface, parking area so that I presume
on a busy Fourth of July weekend is pretty much park in the yard area.
COUNCILMAN MCNULTY-When we looked at it, it appeared that the tanks will be in the
middle of that parking area. Where would you put the pump out station where the place the
truck can hookup to? Is it right in the middle of the lawn?
MR. DOBIE-How they work with the pump outs they will have manholes risers and iron covers
to grade so it will pop the four lids and I suspect they will just pull off to the side of Assembly
Point Road.
COUNCILMAN MCNULTY-I thought it was above ground to inside, underground with a
manhole.
MR. DOBIE-Correct,just pop the lid and put the hose in.
COUNCILMAN MCNULTY-Thank you.
MR. DOBIE-Thank you.
Regular Town Board Meeting, 10-16-2023, Mtg#33 276
SUPERVISOR STROUGH-Okay, any additional questions for the applicant's agent? Then I
will open up the public hearing. Is there anyone hear that would like to speak to the proposal
before us from asking for variances to put in holding tanks of a total of 4,000 gallon capacity at
103 Assembly Point Road? All right, seeing no one I will close the public hearing.
CLOSED PUBLIC HEARING
RESOLUTION APPROVING JEANNE AUSTIN AND KARA HARADEN'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 066,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Jeanne Austin and Kara Haraden (Applicant) filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,Chapter 136,§136-
11 which requires applicants to obtain a variance for a holding tank and a variance from§136-1 IA as
the Applicants wish to install two (2) 2,000 gallon capacity concrete septic holding tanks as a
replacement septic system, for a total capacity of 4,000 gallons, in lieu of the required 3,500 gallon
capacity on property located at 103 Assembly Point 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 duly conducted a public hearing concerning the
variance requests on Monday, October 16'', 2023, 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
Applicants; and
BE IT FURTHER,
Regular Town Board Meeting, 10-16-2023, Mtg#33 277
RESOLVED,that the Local Board of Health hereby approves the application of Jeanne Austin
and Kara Haraden for variances from the Sewage Disposal Ordinance to allow installation of two (2)
2,000 gallon capacity concrete septic holding tanks as a replacement septic system,for a total capacity
of 4,000 gallons, in lieu of the required 3,500 gallon capacity on property located at 103 Assembly
Point Road in the Town of Queensbury and bearing Tax Map No: 239.12-2-33, 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 review by the Adirondack Park Agency
during such period.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
1.3 PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF
SEAN CHANT
Publication Date: September 30, 2023
SUPERVISOR STROUGH reviewed the application for 22 North Lane to get this a functioning
septic system.
GARY ROBINSON-I am Gary Robinson, consulting Engineer and this is Sean Chant, right here
with me. I think you pretty much said what I was going to say. We are coming back with the
onsite holding tanks 2,000 and a 1,500. We submitted this to the Town, John O'Brien looked at
it and he said he blessed it but we had to come here of course, first. We are looking to get this
done in the fall so we can get everything straightened out. It is designed for three bedrooms.
SUPERVISOR STROUGH-We did get some correspondence about 15 minutes ago from a John
Caffry. He thinks the size is inadequate for a three bedroom, however, you are listed on the
assessment panel and by testimony by the owner that it is two bedrooms and regardless I want
the public to know that the system that is going to be installed and it is high groundwater there
and I see that you are going to be using tie downs and it has bells and alarms. So, regardless of
whether you are using it personally or renting it. If the level of the tank gets to a certain point,
there will be bells and whistles that shut the water down and the pump, the tanks will have to be
pumped out. Usually what I notice is you get into a routine you know how many people have
been there you know how active it has been and you get it pumped out anyways just so you do
not have that happen to somebody. All right, so not quite accurate there, high groundwater you
do have tie downs I see that in the plans. Access for pumping vehicle I, where it is located in my
opinion the pumping vehicle will have no problem getting to it. Low flow fixtures required, do
you have low flow fixtures in the residence already? I mean they are pretty standard these days.
Regular Town Board Meeting, 10-16-2023, Mtg#33 278
MR. ROBINSON-Yes, and you can't buy any that are not low flowing now. They have all been
replaced.
SUPERVISOR STROUGH-Okay, well I will allow the Town Board Members to ask any
additional questions. Hearing none, seeing none. I will open up the public hearing. Is there any
member of the public that wishes to speak on Sean Chant's, 22 North Lane? Yes, sir so if you
guys could please sit down for a minute. If you will, (audio issue) and I do not know what is
causing that? Please identify yourself for the sake of the record.
JOHN CAFFRY-John Caffry.
(audio issue)
COUNCILMAN MCNULTY-Sorry, about that John.
SUPERVISOR STROUGH-Okay, all right.
MR. CAFFRY-Try again?
SUPERVISOR STROUGH-Yes, try again.
MR. CAFFRY-Okay, John Caffry from Caffry and Flower in Glens Falls and we represent John
Kelly who is the adjoining owner on the north side of the property. As, Mr. Strough noted, I
filed a letter this afternoon which you guys just received but this system has been out of
compliance since 2011. We are pleased that last year the Board asked the applicant to use a
holding tank system because we think it is a definite improvement on this particular site. I, but
we did have some concerns on the sizing of the system. It has been sized for three bedrooms. If
it was only a three-bedroom house that would be adequate but the VRBO listing that Mr. Chant
has on the internet says it is a four bedroom cottage. If you look at the listing it specifies the four
bedrooms so that requires a 4,000 gallon holding tank not a 3,500 so if it continues to be my
belief is that the system is undersized and ought to be expanded to 4,000. On the high ground
water determination again it is probably got high ground water there, there is nothing in this
particular plan that shows what is being done to determine whether or not if there is high ground
water or whether or not it is being installed to deal with that situation. My other two other
concerns appeared to have been addressed but I would also like to point out that last year this
Board twice told the owner not to continue to rent this property until the system was replaced.
But, he continued to rent it and that is shown by the VRBO's that I attached to your letter. So,
we think it ought to be tabled until they redo the plans to address these two remaining issues.
Any questions?
SUPERVISOR STROUGH-Anything else?
MR. CAFFRY-Not right now.
SUPERVISOR STROUGH-Okay, thank you. All right, will the applicant and the agent please
return? So, I think we established but could you speak to it, how many bedrooms?
SEAN CHANT-Folks, it is a two bedroom, VRBO says it is a two-bedroom cottage. It has
always said two-bedrooms cottage on.
SUPERVISOR STROUGH-So the size of your system is..
MR. CHANT-More than adequate.
SUPERVISOR STROUGH-And it does say in the plans it talks about tie downs in high water
situations so that something...
MR. ROBINSON-They are heavy duty tanks to start and they do have tie downs and they have
concrete blocks on each side of them so there is more than plenty we looked at having water
created.
Regular Town Board Meeting, 10-16-2023, Mtg#33 279
SUPERVISOR STROUGH-Okay, and you do agree not to rent it to until you get the new system
in?
MR. CHANT-That will be fine. We won't rent it until next summer.
COUNCILMAN MCNULTY-What we are expecting is that you not to rent it until it is fixed.
MR. CHANT-I mean it will be fixed this fall so next summer.
COUNCILMAN MCNULTY-Thank you.
SUPERVISOR STROUGH-So when we usually have something to that effect in our Resolution.
So, I will read and I know we have one here, someplace. All right, so we, I am proposing that
we put the Resolution before this Board with the condition that the structure on the property shall
not be utilized for rental use until the Code Compliance onsite Wastewater System has been
installed and approved by the Director of Buildings and Codes, okay?
MR. ROBINSON-Yes.
MR. CHANT-Yes.
SUPERVISOR STROUGH-Okay, Town Board? Tim?
COUNCILMAN MCNULTY-I'm fine.
SUPERVISOR STROUGH-Okay, I forgot to ask if there is anybody else in the public here that
would like to speak to this application? Seeing none, I will close the public hearing and entertain
a motion to approve with the condition as stated, Town Attorney, Mark Schachner is there
anything you would want to repeat?
RESOLUTION APPROVING SEAN CHANT'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 067,2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Sean Chant (Applicant) filed an application for a variance from Town of Queensbury
On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for
a holding tank system as the Applicant wishes to replace a failed onsite septic system with a holding tank
system consisting of two(2)holding tanks,one(1)with a 1,500 gallon capacity and one(1)with a 2,000 gallon
capacity, for the total required capacity of 3,500 gallons on property located at 22 North 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 variance request on
Monday, October 16th,2023, 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
Regular Town Board Meeting, 10-16-2023, Mtg#33 280
RESOLVED,that
1. due to the nature of the variance, the Local Board of Health determines 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 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 the Sean Chant for a
variance from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of two
(2)holding tanks, one (1) with a 1,500 gallon capacity and one (1) with a 2,000 gallon capacity, for the total
required capacity of 3,500 gallons on property located at 22 North Lane in the Town of Queensbury and bearing
Tax Map No: 226.19-1-60, and
BE IT FURTHER,
RESOLVED, that the premises shall not be rented until and unless the holding tank system has been
approved and installed and determined to be in compliance as confirmed by the Director of Building and Codes
Enforcement, 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 review by the Adirondack Park Agency during such period.
Duly adopted this 16th day of October,2023,by the following vote:
AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer
NOES None
ABSENT: None
1.4 PUBLIC HEARING -SEWAGE DISPOSAL VARIANCE APPLICATION OF
PETER LEMPER
Publication Date: September 30, 2023
SUPERVISOR STROUGH reviewed the application requesting two variances. Is the applicant
or the applicant's agent here?
Regular Town Board Meeting, 10-16-2023, Mtg#33 281
COUNCILMAN FERONE-The applicant's agent is online.
SUPERVISOR STROUGH-All right, Mr. Murdock, can you hear us?
ERIC MURDOCK-Hello there, can you hear me?
SUPERVISOR STROUGH-Yes, loud and clear.
MR. MURDOCK-Okay, yeah that description was accurate. We are looking at removing septic
tank and installing a Claris Fusion and following it up with an ultra violet light for disinfection.
And, due to the confined space we are going to be about five feet from the house and five feet
from the property line. It is a very confined area where we are going to be working.
SUPERVISOR STROUGH-Okay, anything else?
MR. MURDOCK-Yeah, the neighbor that we are encroaching on the property line has exactly
the same situation and that maybe one of the next items that we're going to discuss this evening.
They have exactly the same situation where there are going to be less than ten feet from the
property line.
SUPERVISOR STROUGH-All right, well I will give you the heads up the Town Board or at
least some members of the Town Board have the same problem with both of these applications
and that is you have an existing drywell. One drywell, for the entire residence and we are going
to assume that is fairly aged. Why didn't you propose because they are rather lengthy lots that
go some distance from the Lake why didn't you put in an absorption bed at a better location?
MR. MURDOCK-Given the rough terrain and being a steep hill with a lot of exposed rock we
felt that putting in treatment and disinfection would provide adequate levels of treatment and
continue to use that drywell.
SUPERVISOR STROUGH-Well that might help as far as pathogens it doesn't help much
mitigating phosphorus, nitrogen etc. and the existing drywell is you know something like 50 foot
or less to the Lakeshore. I mean that...
MR. MURDOCK-This drywell is over 50 feet from the Lake and the treatment system that we
proposed does nitrogen removal.
SUPERVISOR STROUGH-Well you are not going any out of the secondary treatment. All
right, question from Town Board for the applicant's agent?
COUNCILMAN MCNULTY-What is the current capacity for the septic system in there now?
MR. MURDOCK-Well it is certainly a three-bedroom house. I believe the tank, the septic tank
that we are replacing is 500 gallons.
COUNCILMAN MCNULTY-Within 50 feet of the Lake.
MR. MURDOCK-No, no it is over 50 feet. It's the, existing drywell is about 70 feet from the
Lake.
COUNCILMAN MCNULTY-Thank you.
COUNCILMAN FERONE-They are required to be 100 feet from the Lake is it not John?
SUPERVISOR STROUGH-Yeah, well 200 feet in some cases. All right, there is a public
hearing on this but I am not comfortable with the system that is being proposed here for one but I
will open up the public hearing see if any member of the public wishes to speak to it then we will
have the Town Board share their thoughts. Open public hearing on Pete Lempert, 30 Burnt
Ridge Road, bringing in a new septic system in with a new Fusion tank. I do not have any
problem with a Fusion tank but the existing drywell and one drywell. All right, any member of
the public wish to speak to this application tonight? Please signify showing some interest seeing
no interest I will close the public hearing.
Regular Town Board Meeting, 10-16-2023, Mtg#33 282
PUBLIC HEARING CLOSED
SUPERVISOR STROUGH-Thoughts on behalf of the Town Board?
COUNCILMAN FERONE-Again, John we were there today. I don't think I realize that the lots
are very constrained in there but I know we would have some concerns where the effluent is
going. How well the drywells are, how well they are going to absorb that, there are some
concerns there.
SUPERVISOR STROUGH-If I asked the applicant to come back with a better plan is that seem
appropriate?
COUNCILMAN METIVIER-I think so.
COUNCILMAN FERONE-I would say so.
COUNCILMAN MCNULTY-Yes, I would agree with that. John, do we know what is the age of
that current tank that is in there now? And has it recently been inspected? Has it ever been
inspected?
COUNCILMAN FERONE-That is for Eric.
COUNCILMAN MCNULTY-Yeah, Eric.
MR. MURDOCK-It has not been inspected by Government related person. I mean I am
assuming this thing is you know many, many years past it's useful life. You know, it needs to be
updated.
COUNCILMAN MCNULTY-But if I read your proposal you are not updating the septic tank
you're, ...
MR. MURDOCK-We are removing the septic tank and we are replacing it with a treatment tank
that is going to provide our treatment and our nitrogen removal and we are going to provide
disinfection and we are just going to use the drywell as a dispersal location.
COUNCILMAN MCNULTY-Okay, so let me ask my question again what is the age of the
drywell? And has that been inspected?
MR. MURDOCK-The drywell, well we are assuming that the drywell dates back to whenever
the cottage was built you know 60 years ago, 70 years ago. We don't expect the drywell is going
to structurally deteriorate over time it's still a bunch of laid up blocks or rocks and it will
continue to pass water. It is just now the water will be treated and disinfected.
COUNCILMAN MCNULTY-Thank you.
SUPERVISOR STROUGH-All right, so.
COUNCILMAN FREER-But it is not going to have the same capability to remove phosphorus
that a leach field would does it?
SUPERVISOR STROUGH-Well the secondary treatment would eliminate additional
phosphorus, nitrogen is different.
COUNCILMAN FREER-Is is the other way around?
SUPERVISOR STROUGH-The other way around. All right, so I do not know I am reading the
Town Board, Mr. Murdock would like you to come back to us. I will leave this open. I will
even leave the public hearing open and we will carry it on to a meeting when you come to us
with something a little more satisfactory and I think we are going to run into the same problems
with the next one but we will deal with that shortly. Okay?
MR. MURDOCK-All right.
Regular Town Board Meeting, 10-16-2023, Mtg#33 283
No action taken, public hearing left open.
1.5 PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF
JACK SEITZ
Publication Date: September 30, 2023
SUPERVISOR STROUGH reviewed the application for two variances.
ERIC MURDOCK-This drywell will handle the water, the volume of liquids from this house
that's an absolute that's a guarantee. After we put treatment in front of it there won't be a bio
mat there will be nothing slowing the water from entering the ground that I am very confident in
that. If the issue is the close proximity of the drywell to the Lake due to phosphorus well that is
a valid point if that is part of the design criteria there's some phosphorus reduction that.
SUPERVISOR STROUGH-All right, so do I, Town Board your thoughts are to treat this the
same way as the previous one?
COUNCILMAN FERONE-Yes.
COUNCILMAN MCNULTY-Yes.
COUNCILMAN METIVIER-I think so, yes.
SUPERVISOR STROUGH-All right, Mr. Murdock I am going to open up the public hearing and
is there anyone here that wishes to speak to Jack Seitz's application for Disposal Variance for
this system? Seeing nobody here, I will leave the public hearing open. We are proposing that
we do not act on this one as well and that we allow Mr. Murdock to come back with a system
that is more suitable in design and safer for the Lake than what is being proposed before us
tonight. Okay, Mr. Murdock?
MR. MURDOCK-Okay.
SUPERVISOR STROUGH-All right, thank you.
No action taken, public hearing left open.
1.6 PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF
CURTIS AND TAMARA CARSTENSEN
Publication Date: September 30, 2023
SUPERVISOR STROUGH reviewed the application requesting eight variances.
BOB HOLMES-Good evening, Bob Holmes with Holmes Engineers. Mr. Supervisor, I think
you provided a pretty good summary for us. Just a little bit to expand on the variances required
on the leaching device itself. It's side lot property lines that is being sought for the setback.
There maybe I don't know but it is fully understood that variances three and four with regards to
the force main is we have to cross Holly Lane the Town Road. So, it is the case as we cross a
road we are crossing the property lines on both sides. Then we look at for the residents the
Lakefront residents to the east of Holly Lane. We will have setback issues with regards to the
property lines to the north and the residents immediately to the south and the reason we are
placing these structures in these locations is this is where the current discharge points are from
the home and if we were to move it further away it means we have to move it up the hill. The
tanks would either have to go significantly deeper into the ground or we could potentially be
looking at an additional ejector pump station. The last two I like to think are very self-
explanatory.
SUPERVISOR STROUGH-And to your credit, you moved the absorption fields far from the
Lake you could possibly get. All right, questions for the applicant's agent from the Town
Board?
Regular Town Board Meeting, 10-16-2023, Mtg#33 284
COUNCILMAN MCNULTY-This explanation is what we did today during the walk through. I
think you explained it very well sir, thank you.
COUNCILMAN FERONE-Yes.
MR. HOLMES-Okay.
SUPERVISOR STROUGH-Okay, there is a public hearing on this application tonight. Is there
any member of the public that wishes to speak to Curtis & Tamara Carstensen's proposed septic
system and variances? Seeing none, I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING CURTIS AND TAMARA CARSTENSEN'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 068,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS Curtis and Tamara Carstensen (Applicants) filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
install a replacement on-site wastewater treatment system with certain components to be located or
used as follows:
1. Disposal system toe of slope/toe of fill to be located 3.5'±from the north property line
in lieu of the required 10' setback;
2. Disposal system toe of slope/toe of fill o be located 5'± from the south property line
in lieu of the required 10' setback;
3. Force main to be located 0' from the property line east of Holly Lane in lieu of the
required 10' setback;
4. Force main to be located 0' from the property line west of Holly Lane in lieu of the
required 10' setback;
5. Septic tank to be located 4'± from the structure east of Holly Lane in lieu of the
required 10' setback;
6. Septic tank to be located 3'± from the property line east of Holly Lane in lieu of the
required 10' setback;
7. 1'l" of existing/naturally occurring soil with a minimum of 2.5' of specified fill to
meet the fill/built-up system to groundwater and bedrock requirement of 3' within
1,000' feet of Lake George;
8. Eljen (ETU) mound to be used as leaching facilities in fill system/material in lieu of
an absorption field(Chapter 136-1 OB{61);
on property located at 17 and 18 Holly Lane, Assembly Point in the Town of Queensbury, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 285
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
variance requests on October 16t', 2023, 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
3. 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
4. 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
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Curtis and
Tamara Carstensen for variances from the Sewage Disposal Ordinance to install a replacement on-
site wastewater treatment system with certain components to be located or used as follows:
1. Disposal system toe of slope/toe of fill to be located 3.5'±from the north property line
in lieu of the required 10' setback;
2. Disposal system toe of slope/toe of fill o be located 5'± from the south property line
in lieu of the required 10' setback;
3. Force main to be located 0' from the property line east of Holly Lane in lieu of the
required 10' setback;
4. Force main to be located 0' from the property line west of Holly Lane in lieu of the
required 10' setback;
5. Septic tank to be located 4'± from the structure east of Holly Lane in lieu of the
required 10' setback;
6. Septic tank to be located 3'± from the property line east of Holly Lane in lieu of the
required 10' setback;
7. 1'l" of existing/naturally occurring soil with a minimum of 2.5' of specified fill to
meet the fill/built-up system to groundwater and bedrock requirement of 3' within
1,000' feet of Lake George;
8. Eljen (ETU) mound to be used as leaching facilities in fill system/material in lieu of
an absorption field(Chapter 136-1 OB{61);
on property located at 17 and 18 Holly Lane,Assembly Point in the Town of Queensbury and bearing
Tax Map Nos: 239.12-2-54 and 239.12-2-60, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 286
BE IT FURTHER,
RESOLVED, that the ETU shall be maintained by the property owner in accordance with
the manufacturer's recommendations for the life of the system, 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 review by the Adirondack Park Agency
during such period.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None
RESOLUTION GRANTING LYNNE COLLEEN MCNEIL RUTNIK
ADDITIONAL EXTENSION OF TIME TO COMPLETE
NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON
PROPERTY LOCATED AT 316/321 GLEN LAKE ROAD
RESOLUTION NO.: BOH 069,2023
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, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the transfer of ownership 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, and
WHEREAS,Lynne Colleen McNeil Rutnik(Applicant)previously advised the Town Board,
as the Town's Local Board of Health,that she acquired the majority interest in the property located
at 316/321 Glen Lake Road identified as Tax Map Nos: 289.9-1-83 and 289.9-1-58 (Property) on
or about October 31 st, 2022, and by letter dated 5 April 2023, advised that the existing structure
Regular Town Board Meeting, 10-16-2023, Mtg#33 287
on such Property will be demolished and the onsite wastewater treatment system removed;
however, due to litigation regarding full ownership of the Property,the demolition of the structure
and the onsite wastewater treatment system removal process would not be completed within the
required six (6) month time period, and
WHEREAS, Applicant therefore requested that the Town Board grant additional time to
complete such work and extend the date on which the $2,000 escrow deposit Applicant previously
deposited with the Town be automatically forfeited until October 17th, 2023 and in the meantime,
Applicant advised that the structure would not be inhabited, and
WHEREAS, by Resolution No.: BOH 28, 2023, the Town Board approved Applicant's
requested additional time until October 17th, 2023 to complete work, and
WHEREAS,by letter dated 4 October 2023,Applicant has advised that due to the continuing
litigation, the work has not been completed and therefore Applicant has requested a six month
extension or until April 17th, 2024 to complete such work and 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
authorizes and grants Lynne Colleen McNeil Rutnik additional time to obtain a certificate of
compliance from the Town's Building and Codes Enforcement Office to complete demolition of
the existing structure and installation of a new Code compliant onsite wastewater treatment system
on Property located at 316/321 Glen Lake Road, Queensbury and to extend the date on which the
$2,000 escrow deposit shall be automatically forfeited until April 17th, 2024 with the condition that
the structure on the Property shall not be inhabited and the Property shall not be utilized for rental
use until demolition is complete and a new Code compliant onsite wastewater treatment has been
approved and installed as confirmed by the Director of Building and Codes Enforcement and
authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement
to and take all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 16th day of October, 2023, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT : None
RESOLUTION GRANTING HEIDI SCHILLE AND NICOLE FRANK
AN EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT
SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATED
AT 384 CLEVERDALE ROAD
Regular Town Board Meeting, 10-16-2023, Mtg#33 288
RESOLUTION NO.: BOH 070,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the transfer of ownership 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, and
WHEREAS, a change of deed for Heidi Schille and Nicole Frank's (Applicants) property
located at 384 Cleverdale Road, Queensbury identified as Tax Map No.: 226.12-1-57 occurred and
when the required property transfer septic inspection took place on or about May 22, 2023, no
existing sewage disposal system was found and therefore the property transfer septic inspection
failed and a replacement septic system will not able to be completed within the required six (6)
month time period, and
WHEREAS,by letter dated October 1, 2023, Applicants advised that due to time constraints
for design, possible variances, winter conditions and/or contractors' availability, Applicants have
requested that the Town Board grant additional time to complete such work and extend the date
on which the $2,000 escrow deposit Applicants previously deposited with the Town be
automatically forfeited to June 1", 2024 and 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
authorizes and grants Heidi Schille and Nicole Frank additional time or until June 1st, 2024 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set
forth in Chapter 137 to complete installation of a new Code compliant sewage disposal system on
property located at 384 Cleverdale Road, Queensbury and to extend the date on which the $2,000
escrow deposit be automatically forfeited to the Town until such date of June 1st, 2024 with the
condition(s) that in the meantime, the property shall not be utilized for rental purposes until
Regular Town Board Meeting, 10-16-2023, Mtg#33 289
the new Code compliant sewage disposal system has been approved and installed as confirmed
by the Director of Building and Codes Enforcement, and
BE IT FURTHER,
RESOLVED,that the Town Board, as the Town's Local Board of Health, further authorizes
and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to
and take any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 16th day of October, 2023, 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 CHRISTOPHER MARTIN
RESOLUTION NO.: BOH 071,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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, Christopher Martin (Applicant) has applied to the Local Board of Health for a
variance from Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank
and a variance from§136-1 lA as the Applicantwishes to install two(2) 1,500 gallon capacity concrete
septic holding tanks as a replacement septic system to service the existing four(4)bedroom residence,
for a total capacity of 3,000 gallons, in lieu of the required 4,000 gallon capacity, and
WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to
allow installation of the:
1. holding tanks 3' from the west property line in lieu of the required 10' setback;
2. holding tanks 5' from the south property line in lieu of the required 10' setback;
3. pump station 47' from the Lake George Shoreline in lieu of the required 50' setback;
and
4. force main 7' from the south property line in lieu of the required 10' setback;
Regular Town Board Meeting, 10-16-2023, Mtg#33 290
on property located at 370, 372 Cleverdale Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, November 6th, 2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Christopher Martin's sewage disposal variance application concerning
property located at 370, 372 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.:
226.12-1-61 and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 16t'day of October, 2023, 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 72, 2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
the Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 16th day of October, 2023, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT: None
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT—3
MINUTES)
DAN SILVEY & JASON MILLER-Spoke regarding Resolution 3.10, `Resolution Setting Public
Hearing on West Glens Falls Emergency Squad, Inc.'s Proposal to Purchase a 2023 Demers
Ambulance and Use Tax-Exempt Financing' and Resolution 3.11, `Resolution Setting Public
Regular Town Board Meeting, 10-16-2023, Mtg#33 291
Hearing on West Glens Falls Emergency Squad, Inc.'s Proposal to Purchase a 2025 Demers
Ambulance and Use Tax-Exempt Financing'.
TRAVIS WHITEHEAD, Ward 4-Spoke regarding Resolution 3.8, `Resolution Authorizing
Transfer of Funds from Undesignated General Fund Balance to Replenish Capital Reserve No.
64 and Equipment/Vehicle Replacement Capital Project Fund No. 195' and Resolution 3.12,
`Resolution to Amend 2023 Town Budget'.
DAVE JUDKINS, Butler Pond Road-Spoke regarding Resolution 3.8, `Resolution Authorizing
Transfer of Funds from Undesignated General Fund Balance to Replenish Capital Reserve No.
64 and Equipment/Vehicle Replacement Capital Project Fund No. 195' and Resolution 3.12,
`Resolution to Amend 2023 Town Budget'.
3.0 RESOLUTIONS
RESOLUTION ACKNOWLEDGING AND ACCEPTING
THE INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING
AGREED-UPON PROCEDURES OF QUEENSBURY TOWN
COURT FOR YEAR ENDED DECEMBER 31, 2022
RESOLUTION NO.: 353, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 295, 2019, the Queensbury Town Board engaged the
services of BST & Co. CPAs, LLP to provide cash receipts and disbursement services to the Town
of Queensbury for the years ending December 31, 2019, 2020, 2021, 2022 and 2023, and
WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123
set forth annual reporting, accounting and audit requirements for Town Courts, and
WHEREAS, the Town Board has reviewed BST & Co. CPAs, LLP's Independent
Accountant's Report on Applying Agreed-Upon Procedures pertaining to the Queensbury Town
Court for the year ended December 31, 2022 and the Town Board wishes to acknowledge and accept
the Report as having fulfilled the Town Board's responsibility to audit the Town Justices' records,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the
Independent Accountant's Report on Applying Agreed-Upon Procedures of the Queensbury Town
Court for the year ended December 31, 2022 as required by New York State Uniform Justice Court
Act§2019-a and Town Law §123 as delineated in the preambles of this Resolution, and
BE IT FURTHER,
Regular Town Board Meeting, 10-16-2023, Mtg#33 292
RESOLVED,that the Town Board authorizes and directs the Town Supervisor to send a
copy of such Report with a certified copy of this Resolution to the New York State Unified Court
System via email to: Joan Casazza, Chief Internal Auditor at: jcasazzao,nycourts.gov or via lst
class mail to: Daniel Johnson, Chief Internal Auditor NYS Unified Court System, 2500 Pond
View, Suite LLO1 Castleton-on-Hudson,NY 12033 and the Town Supervisor, Town Clerk, Town
Justices and/or Town Budget Officer to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 16th day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT None
RESOLUTION AUTHORIZING HIGHWAY TRUCK REPAIRS BY
HENDERSON PRODUCTS, INC.
RESOLUTION NO.: 354, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Highway Superintendent wishes to arrange for
Henderson Products,Inc.to make required repairs to one of the Highway Department trucks(Truck),
and
WHEREAS, the Highway Superintendent has advised that Henderson Products, Inc., is the
original factory that built the Truck and such repairs will be provided by insurance recovery funds
and therefore obtaining a second quote as required by the Town's Purchasing Policy for purchases
over $2,500 is not feasible, and
WHEREAS,the Town Board accordingly wishes to waive the Town Purchasing Policy's self-
imposed requirement for two written(2)quotes in this instance and authorize the needed truck repairs,
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above and in this circumstance, the Queensbury
Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for
two (2)written quotes for purchases over$2,500, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 293
BE IT FURTHER,
RESOLVED,that the Town Board hereby approves and authorizes the repairs to the Town
Highway Department's Truck by Henderson Products, Inc., for an amount not to exceed
$17,221.55 to be paid from the appropriate account(s) as may be determined by the Town Budget
Officer and the Town Budget Officer is authorized and directed to amend the Town Budget and/or
take any and all actions needed to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Highway Superintendent and/or Town Budget Officer to take such other and further actions
as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN
PINE VIEW CEMETERY FROM LLOYD JONES & SYLVIA KERCHNER
RESOLUTION NO.: 355, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2)
cemetery lots in the Pine View Cemetery to Lloyd Jones and Sylvia Kerchner in Seneca Plot, Lot(s)
No: 4-F, and
WHEREAS, Lloyd Jones and Sylvia Kerchner have requested that the Town's Cemetery
Commission buy back such lots, and
WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended
re-purchase of such lots and approval by the Town Board,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 10-16-2023, Mtg#33 294
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery
Commission's re-purchase of two(2)cemetery lots in the Pine View Cemetery from Lloyd Jones and
Sylvia Kerchner in Seneca Plot, Lot(s)No: 4-F for the total amount of$800, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for payment of such amount to Lloyd Jones and Sylvia Kerchner and properly account for the
sales in the Town's books and records, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Cemetery
Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms
of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF
2023 OR NEWER ALL ELECTRIC SUV AWD FOR
COMMUNITY DEVELOPMENT DEPARTMENT
RESOLUTION NO.: 356, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with Resolution No.: 293, 2023, the Town of Queensbury's
Purchasing Agent advertised for bids and also provided specifications for a 2023 or newer Subaru
Solterra or comparable all electric SUV AWD with less than 5,000 miles to the New York State Office
of General Services Procurement Program for the Community Development Department, and
WHEREAS, on September 26t', 2023 the Town Purchasing Agent opened all received
bids, and along with the Town's Director of Planning, Zoning and Community Development,
reviewed such bids and recommended that the Town Board authorize the bid award to the lowest,
responsible bidder, Romeo Toyota, for a 2023 Toyota BZ4X for an amount not to exceed
$43,491.50,
Regular Town Board Meeting, 10-16-2023, Mtg#33 295
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a
2023 Toyota BZ4X for the Community Development Department to the lowest, responsible
bidder, Romeo Toyota, for an amount not to exceed $43,491.50 as set forth in Romeo Toyota's
September 19th, 2023 Bid Proposal substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that such purchase shall be paid for from Equipment Vehicle Replacement
Capital Project Fund No. 195, Account No.: 195-1640-2020, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Planning, Zoning and Community Development, Purchasing Agent and/or Town
Budget Officer to take any and all action necessary to effectuate the terms of this Resolution.
Duly adopted this 16th day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND TRI-COUNTY LITERACY CENTER, INC.
RESOLUTION NO.: 357, 2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the
Town to provide remedial reading services to Town of Queensbury adult residents with reading
difficulties and therefore wishes to enter into an agreement with Tri-County Literacy, Center,Inc.,for
the provision of these services, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 10-16-2023, Mtg#33 296
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and Tri-County Literacy Center, Inc. for the year 2023 with funding for the Agreement not
exceeding the sum of $7,500 and authorizes and directs the Town Supervisor to execute the
Agreement, with funding to be paid for from the appropriate Town account(s) as will be determined
by the Town Supervisor and/or Town Budget Officer.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON
TOWN OF QUEENSBURY 2024 PRELIMINARY BUDGET
RESOLUTION NO.: 358, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town
of Queensbury and its Districts for the fiscal year beginning January 1, 2024, and
WHEREAS,the Town Board wishes to approve the Preliminary Budget and conduct a public
hearing,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury
Preliminary Budget for 2024, comprised of statements of appropriations and estimated revenues, a
copy of which is attached and made a part of this Resolution, and
BE IT FURTHER,
RESOLVED, that copies of the 2024 Preliminary Budget for the Town of Queensbury shall
be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall
be available for inspection by interested persons during regular business hours, and
BE IT FURTHER,
Regular Town Board Meeting, 10-16-2023, Mtg#33 297
RESOLVED,that the Town Board will conduct a public hearing on Monday,November 6t',
2023 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested
persons will be heard concerning the Town's Preliminary Budget, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such
Notice to be substantially in the following form:
NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET FOR THE
TOWN OF QUEENSBURY FOR THE YEAR 2024
NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury,
County of Warren, State of New York for the Fiscal Year beginning January 1, 2024, which
includes the S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's
Office where it is available for inspection by any interested person during normal business
hours.
FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a
public hearing on Monday, November 6th, 2023 at 7:00 p.m. at the Queensbury Activities
Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all
interested persons concerning the Preliminary Budget.
AND FURTHER NOTICE is hereby given in accordance with Town Law§108 that the
proposed salaries of Town of Queensbury elected officials for Year 2024 are as follows:
TOWN SUPERVISOR 67,276.
TOWN COUNCILPERSON(4) 18,000.
TOWN CLERK 90,300.
TOWN HIGHWAY SUPERINTENDENT 90,300.
TOWN JUSTICES (2) 61,517
For further information or to inspect a copy of the proposed Preliminary Budget, all
interested persons may contact the Queensbury Town Clerk's Office, 742 Bay Road,
Queensbury at(518) 761-8234 or visit the Town's website at: www.queensbury.net
and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town
Clerk and/or Town Budget Officer to take all actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
Regular Town Board Meeting, 10-16-2023, Mtg#33 298
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM
UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH CAPITAL
RESERVE NO. 64 AND EQUIPMENT/VEHICLE REPLACEMENT
CAPITAL PROJECT FUND NO 195
RESOLUTION NO.: 359,2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 400,2015, in order to comply with the requirements of
Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and
Governmental Fund Definitions (GASB54), the Queensbury Town Board adopted a Fund Balance
Policy, and
WHEREAS, in accordance with such Fund Balance Policy, the Town Budget Officer has
recommended that the Town Board authorize the transfer of:
1. $1,800,000 from the Town's Undesignated, Unassigned General Fund Balance to
Capital Reserve No. 64; and
2. $200,000 from the Town's Undesignated, Unassigned General Fund Balance to
Equipment/Vehicle Replacement Capital Project Fund No. 195;
in order to fund future capital projects, and
WHEREAS,the Town Board concurs with the Town Budget Officer's recommendation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget
Officer to transfer:
1. $1,800,000 from the Town's Undesignated, Unassigned General Fund Balance to
Capital Reserve No. 64; and
2. $200,000 from the Town's Undesignated, Unassigned General Fund Balance to
Equipment/Vehicle Replacement Capital Project Fund No. 195;
Regular Town Board Meeting, 10-16-2023, Mtg#33 299
and make any adjustments,budget amendments,transfers or prepare any documentation necessary to
establish appropriations and estimated revenues and take all other actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENTS BETWEEN
TOWN OF QUEENSBURY AND CONSTELLATION ENERGY SERVICES
OF NEW YORK, INC., FOR POWER SALE
RESOLUTION NO.: 360,2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No: 221, 2020,the Queensbury Town Board authorized Power
Sale Agreements with Constellation Energy Services of New York,Inc., (Constellation)through the
MEGA Program through November, 2023 in an effort to reduce energy costs, and
WHEREAS, the Town wishes renew such Agreements with Constellation to continue its
effort to reduce energy costs,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes Confirmation Agreements
between the Town of Queensbury and Constellation Energy Services of New York, Inc., in
substantially the form presented at this meeting and/or in form acceptable to the Town Supervisor,
Town Budget Officer and/or Town Water Superintendent/Wastewater Director and authorizes and
directs the Town Supervisor to execute the Agreements, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town
Water Superintendent/Wastewater Director and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
Regular Town Board Meeting, 10-16-2023, Mtg#33 300
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS
EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE A 2023
DEMERS AMBULANCE AND USE TAX-EXEMPT FINANCING
RESOLUTION NO.: 361, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of
Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an
Agreement for general emergency ambulance services within the Town,which Agreement sets forth
a number of terms and conditions, including a condition that the Squad will not purchase or enter into
any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make
any improvements that would require the Squad to acquire a loan or mortgage without prior approval
of the Queensbury Town Board, and
WHEREAS, the Squad has advised the Town Board that it wishes to trade-in its 2017
Demers MXP150 F-450 4x4 Ambulance 712 and purchase a 2023 Demers MXP150 F-450 4x4
Diesel Ambulance with liquid springs at a purchase price not to exceed $264,250, and
WHEREAS, the trade-in value of the ambulance being replaced will be $40,000, bringing
the new ambulance's purchase price down to $224,250, and
WHEREAS, the Ambulance will be owned and used by the Squad to provide general
emergency ambulance services to the Town and maintained at the Squad's building located at 86
Luzerne Road in the Town of Queensbury, New York, and
WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using:
1. $ 59,000—cash down-payment from its current budget; and
2. $ 165,250 maximum amount of tax-exempt financing having a 60 month term with
the Adirondack Trust Company; and
WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed
purchase, as Town Board approval of such proposed purchase is required by the Squad's Agreement
Regular Town Board Meeting, 10-16-2023, Mtg#33 301
with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal
Revenue Code,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
West Glens Falls Emergency Squad Inc.'s proposed Ambulance purchase delineated in the preambles
of this Resolution and the financing of such proposed purchase using tax-exempt financing, on
Monday,November 6t', 2023 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days
prior to the Public Hearing.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS
EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE A 2025
DEMERS AMBULANCE AND USE TAX-EXEMPT FINANCING
RESOLUTION NO.: 362, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of
Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an
Agreement for general emergency ambulance services within the Town,which Agreement sets forth
a number of terms and conditions, including a condition that the Squad will not purchase or enter into
any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make
any improvements that would require the Squad to acquire a loan or mortgage without prior approval
of the Queensbury Town Board, and
WHEREAS, the Squad has advised the Town Board that it wishes to purchase a 2025
Demers MXP150 F-450 4x4 Diesel Ambulance with liquid springs at a purchase price not to
exceed $284,250, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 302
WHEREAS, the Squad will not take possession of this Ambulance until a mid-2025
timeframe due to a long lead-time for production scheduling, thereby requiring a commitment by
the Squad in 2023 to purchase the Ambulance, and
WHEREAS, no upfront payment/deposit is required for such purchase commitment, and
WHEREAS, the Ambulance will be owned and used by the Squad to provide general
emergency ambulance services to the Town and maintained at the Squad's building located at 86
Luzerne Road in the Town of Queensbury, New York, and
WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using:
1. $ 74,250—cash down-payment from its budget; and
2. $ 210,000 maximum amount of tax-exempt financing having a 60 month term with
the Adirondack Trust Company; and
WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed
purchase, as Town Board approval of such proposed purchase is required by the Squad's Agreement
with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal
Revenue Code,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
West Glens Falls Emergency Squad Inc.'s proposed Ambulance purchase delineated in the preambles
of this Resolution and the financing of such proposed purchase using tax-exempt financing, on
Monday,November 6t', 2023 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days
prior to the Public Hearing.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION TO AMEND 2023 TOWN BUDGET
Regular Town Board Meeting, 10-16-2023, Mtg#33 303
RESOLUTION NO.: 363,2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Town of Queensbury Budget Officer has duly initiated,justified and deemed
compliant the following Budget Amendment Requests with Town operating procedures and
accounting practices,
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 2023 Town Budget as follows:
To
Code Appropriation Code Appropriation $
001-1990-4400 Misc. Contractual 001-1680-2032 Software 10,000
001-1990-4400 Misc. Contractual 001-1430-4720 Consultant 5,000
001-1990-440 Misc. Contractual 001-1910-4200 P&L Insurance 5,100
001-1990-4400 Misc. Contractual 001-1920-4040 Prof. Dues 50
001-3989-4400 Misc.
001-1990-4400 Misc. Contractual Contractual 750
Increase Revenue
004-0000-52680 Insurance 16,222
Recovery
Increase Appropriation
004-5130-4110 Vehicle Repair 16,222
Duly adopted this 16t'°day of October, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF DUMP TRUCK FOR
TOWN WATER DEPARTMENT FROM NATIONAL AUTO FLEET
GROUP PER SOURCEWELL CONTRACT
RESOLUTION NO.: 364, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
Regular Town Board Meeting, 10-16-2023, Mtg#33 304
WHEREAS, the Town of Queensbury Water Superintendent has requested approval to
purchase a 2024 Ford Super Duty F-450 4WD Dump Truck for the Water Department from National
Auto Fleet Group (Fleet), a participating member of Sourcewell Contracting, for the amount of
$78,559.10 as set forth in Fleet's 10/10/2023 Re-Configured Quote ID 4: 25878 R4 per Sourcewell
Contract 4: 091521-NAF, and
WHEREAS, the New York State Legislature adopted legislation allowing any political
subdivision in New York State to "piggyback"off an existing County/State Bid and therefore in this
instance, the Town of Queensbury is "piggybacking" with the cooperative, municipal purchasing
program Fleet for the Truck, and
WHEREAS, the Water Superintendent has requested authorization to purchase needed
ancillary equipment to make the truck Water Department ready for a total amount not to exceed
$1,500, and
WHEREAS,the Town Board wishes to authorize such purchase,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water
Superintendent/Wastewater Director's purchase of a 2024 Ford Super Duty F-450 4WD Dump Truck
for the Town Water Department from National Auto Fleet Group (Fleet) a participating member of
Sourcewell Contracting, for the amount of $78,559.10 as set forth in Fleet's 10/10/2023 Re-
Configured Quote ID 4: 25878 R4 per Sourcewell Contract 4: 091521-NAF, substantially in the
form presented at this meeting, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Water Superintendent
to purchase needed ancillary equipment to make the truck Water Department ready for an
additional amount not to exceed $1,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
purchase shall be by a transfer of$80,060 from the Water Department's undesignated, unassigned
fund balance Account No.: 040-0000-0909 to Vehicles Account No.: 040-8340-2020 and the Town
Budget Officer shall amend the Town Budget, make any adjustments, budget amendments,
transfers and/or prepare any documentation necessary to effectuate payment, and
BE IT FURTHER,
Regular Town Board Meeting, 10-16-2023, Mtg#33 305
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water
Superintendent and/or Town Budget Officer to take such other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 16th day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT
FOOTHILL BUILDERS LLC'S PETITION FOR CHANGE OF ZONE TO
QUEENSBURY PLANNING BOARD
RESOLUTION NO.: 365, 2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Foothills Builders, LLC (FB) submitted a Petition for Change of Zone
application to the Queensbury Town Clerk's Office on or about October 5, 2023 to allow for
a change of zoning district designation for a parcel identified as Tax Map No: 303.5-1-79
from Commercial Intensive (CI) to Moderate Density Residential (MDR), and
WHEREAS, by the same application FB is also requesting an amendment to the
Zoning Code to state that Multifamily Dwellings in the Moderate Density Residential (MDR)
zoning district shall be entitled to a density of six (6) dwelling units per acre, in accordance
with §A183-26, subject to the following: (1) the Lot shall have a minimum gross land area of
ten (10) acres; (2) the Lot shall be served by municipal water and sewer; and (3) two points
of ingress and egress to the Lot shall be required from local arterial roads or collector roads,
and
WHEREAS, FB has also submitted applications to the Planning Board for Site Plan
Review and Wetlands Permit approvals to construct sixty-four(64)multifamily dwelling units
and a community building on said parcel, and
WHEREAS, the application has been reviewed by the Town's Senior Planner and
deemed complete for purposes of review, and
WHEREAS, applications for zoning changes are subject to Warren County Planning
Department review in accordance with New York State General Municipal Law §239-m, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 306
WHEREAS, applications for zoning changes may be forwarded to the Town Planning
Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance,
and
WHEREAS, following such recommendations, the Town Board will review the
application and take such other actions as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the zoning change,
it is necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA) for potential environmental effects,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board
seek Lead Agency status for SEQRA review of the proposed zoning changes and Site Plan
Review requested by FB as delineated in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
forward FB's application received by the Town Clerk's Office on or about October 5, 2023 to
the Queensbury Planning Board for review, report and recommendation on the proposed
zoning change, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the application to the Warren County Planning Department for NYS GML §239-m
review, 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 Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the
terms of this Resolution.
Duly adopted this 16t'day of October, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
Regular Town Board Meeting, 10-16-2023, Mtg#33 307
RESOLUTION AUTHORIZING ENGAGEMENT OF THE PROFESSIONAL
SERVICES OF SIEWERT EQUIPMENT TO REPAIR VERTICAL
TURBINE PUMP AT
TOWN WATER TREATMENT PLANT
RESOLUTION NO.: 366, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution Nos: 308 and 403 of 2022, the Queensbury Town Board
authorized engagement of Siewert Equipment(Siewert)to refurbish a Vertical Turbine Pump(Pump)
at the Town's Water Treatment Plant, and
WHEREAS, the Water Superintendent has advised that an Inspection Report by Siewert
dated October 9, 2023 has revealed that another Pump at the Plant requires repairs which repairs
necessitate the disassembly of the Pump and its removal by a 30 ton crane for its trucking and
transportation for such repairs, and
WHEREAS, the necessary repair work cannot be determined or completed until after such
disassembly and the inspection, analysis and specialized determination by Siewert of exactly what is
required to make the repairs on such Pump, and
WHEREAS,the Water Superintendent has recommended that the Town Board again engage
the professional services of Siewert for an amount of$39,924 for these important and specialized
Pump repair services as set forth in Siewert's October 10, 2023 Service/Repair Proposal presented
at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water
Superintendent's engagement of the professional services of Siewert Equipment to make needed
repairs to a Vertical Turbine Pump at the Town's Water Treatment Plant in accordance with Siewert's
October 10, 2023 Service/Repair Proposal substantially in the form presented at this meeting for the
amount of$39,924 to be paid from Account No.: 040-8320-4350, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all
actions necessary to amend the Town Budget and effectuate the transfer of$39,924 from the Water
Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 to Account
No.: 040-8320-4350, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 308
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Town Water Superintendent to sign the Service/Repair Proposal and/or any other needed
documentation and the Town Supervisor, Town Water Superintendent and/or Budget Officer to take
such other and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS
IN PINE VIEW CEMETERY FROM ESTATE OF ALFREDO CALDARONI
RESOLUTION NO.: 367, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2)
cemetery lots in the Pine View Cemetery to Alfredo Caldaroni in Seneca Plot, Lot Nos.: 3-E(2 lots),
and
WHEREAS, the Estate of Alfredo Caldaroni by Lora Karrat has requested that the Town's
Cemetery Commission buy back such lots, and
WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended
re-purchase of such lots and approval by the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery
Commission's re-purchase of two (2) cemetery lots in the Pine View Cemetery from the Estate of
Alfredo Caldaroni by Lora Karrat in Seneca Plot,Lot Nos.: 3-E(2 lots)for the total amount of$1,000,
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for payment of such amount to Lora Karrat at 25 Siena Drive, Clifton Park, NY 12065 and
properly account for the sales in the Town's books and records, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 309
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Cemetery
Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms
of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT
EDWARD OSTBERG'S PETITION FOR CHANGE OF ZONE TO
QUEENSBURY PLANNING BOARD
RESOLUTION NO.: 368, 2023
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Edward Ostberg (Ostberg) submitted a Petition for Change of Zone
application to the Queensbury Town Clerk's Office on or about October 5, 2023
requesting an amendment to the Zoning Code to allow microbreweries as a use permitted by
Site Plan Review in the Commercial Light Industrial (CLI) zoning district, and
WHEREAS, Ostberg has also submitted applications to the Planning Board for Site
Plan Review approval to renovate an existing building to house a microbrewery, and
WHEREAS, the application has been reviewed by the Town's Senior Planner and
deemed complete for purposes of review, and
WHEREAS, applications for zoning changes are subject to Warren County Planning
Department review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, applications for zoning changes may be forwarded to the Town Planning
Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance,
and
WHEREAS, following such recommendations, the Town Board will review the
application and take such other actions as it shall deem necessary and proper, and
Regular Town Board Meeting, 10-16-2023, Mtg#33 310
WHEREAS, prior to making a decision about whether to approve the zoning change,
it is necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA) for potential environmental effects,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board
seek Lead Agency status for SEQRA review of the proposed zoning change and Site Plan Review
requested by Ostberg as delineated in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
forward Ostberg's application received by the Town Clerk's Office on or about October 5,
2023 to the Queensbury Planning Board for review, report and recommendation on the
proposed zoning change, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the application to the Warren County Planning Department for NYS GML §239-m
review, 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 Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the
terms of this Resolution.
Duly adopted this 16t'day of October, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE AND INSTALLATION OF
SPLIT A/C SYSTEM, HEATING SYSTEM AND HEATER AT PINE VIEW
CEMETERY BY LAPAN'S PRECISION
RESOLUTION NO.: 369,2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
Regular Town Board Meeting, 10-16-2023, Mtg#33 311
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Cemetery Superintendent has advised that it is
necessary to purchase and install new split air-conditioning and heating systems for the Pine View
Cemetery Office and a unit heater in the Pine View Cemetery's former garage/break area, and
WHEREAS,the Cemetery Superintendent requested and received quotes for such work and
the lowest quotes are from LaPan's Precision for a total not to exceed$16,200,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the purchase and
installation of new split air-conditioning and heating systems in the Pine View Cemetery Office and
a unit heater in the former Pine View Cemetery garage/break area from LaPan's Precision in
accordance with LaPan's Proposals dated 8/28/2023 and 8/29/2023 substantially in the form
presented at this meeting and as follows:
1. Proposal No.: Q16055481 —Heating System Office Area - $ 5,200
2. Proposal No.: Q16055482—Heater for Garage Area - $ 4,800
3. Proposal No.: Q16055483 —Split A/C System Office Area - $ 6,200
--------------------------------------------------------------------------------------
TOTAL - $16,200
to be paid for from Capital Project Account No.: 247-8810-4400, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign
any needed documentation, and the Town Supervisor, Cemetery Superintendent, Town Budget
Officer and/or Town Purchasing Agent to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 10172023
RESOLUTION NO.: 370, 2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
Regular Town Board Meeting, 10-16-2023, Mtg#33 312
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as
Warrant: 10172023 with a run date of 10/12/2023 and a payment date of 10/17/2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented
as Warrant: 10172023 with a run date of 10/12/2023 and a payment date of 10/17/2023 totaling
$1,212,806.53, and
BE IT FURTHER,
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.
Duly adopted this 16t'day of October, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
4.0 CORRESPONDENCE
DEPUTY TOWN CLERK RATHBUN-We received an email regarding the septic system for
Jeanne Austin and Kara Haraden from Tom and Joan Moynihan. We received the Preliminary
Town Budget in the Town Clerk's office and was given to the Town Board tonight. We received
two Cannabis applications, one from Monty's Group Enterprise, LLC and the other one C&R
Project, LLC.
5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)
TRAVIS WHITEHEAD-Spoke regarding the Town tax rate.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER (WARD I)
0 Nothing to report.
COUNCILMAN FREER (WARD II)
• Referred to the surveys for the Comprehensive Plan Use and noted that they are still open
until November loth and available on our website.
COUNCILMAN FERONE (WARD III)
0 Nothing to report.
Regular Town Board Meeting, 10-16-2023, Mtg#33 313
COUNCILMAN MCNULTY (WARD IV)
• Stated that he is a firm supporter of our EMS population and First Responders.
• Reported that the property at 27 Indiana was sold at auction last week.
• Spoke regarding a problem with ATV's across the Town and in the Hudson Pointe
Preserve. I wanted to thank the Sheriff's Office for trying to find some of the folks who
are using the motorized vehicles on the trails.
SUPERVISOR STROUGH
• Announced the public hearing for the Town Budget will be held on November 6th
• Spoke regarding the Capital Projects that we have forthcoming.
• Spoke regarding the Water Department's Capital Plan and the emergencies that have
come up within the Town. The intersection between Aviation Road and Route 9 is going
to be expensive. We have had culvert failures that can be up to a million dollars.
• Received a letter from Cindy Allen, Ann McCullough, Lynne Michaels, Mary Hillard
and Maura Fox thanking us for the staff support and facilities that the Town has given our
Adirondack Pickleball Club since 2016. Thanked the Queensbury Recreation
Department for their outstanding job providing the many services.
• Reviewed the Annual Fall Pick Up Schedule.
• Thanked Joel Barlow, Jesse Jackson, Look TV, Town Counsel Mark Schachner, Deputy
Town Clerk Colleen Rathbun, Town Board and the public.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 371, 2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
Duly adopted this 16th day of October 2023, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER,RMC
TOWN CLERK
TOWN OF QUEENSBURY
MINUTES PREPARED BY COLLEEN RATHBUN, RMC, DEPUTY TOWN CLERK I