02-12-2024 MTG #5 Regular Town Board Meeting, 02-12-2024, MTG 95 553
REGULAR TOWN BOARD MEETING MTG #5
February 12", 2024 RES #72-80
7:00 P.M. BOH #7-16
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN HARRISON FREER
COUNCILMAN MICHAEL DIXON
COUNCILMAN TIMOTHY MCNULTY
TOWN OFFICIALS
CONNIE GOEDERT, SUPERINTENDENT OF CEMETERIES
TOWN COUNSEL
MARK SCHACHNER, ESQ
PRESS
LOOK TV
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIMOTHY MCNULTY
1.0 BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 72, 2024
INTRODUCED BY: Mr. Anthony Metivier
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 121h day of February, 2024 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES: None
ABSENT: None
1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF
AIELLO IRREVOCABLE FAMILY TRUST
Publication Date: January 27, 2024
SUPERVISOR STROUGH reviewed the proposed sewage variance application and the three
variances being requested. So, we do have a Public Hearing on this tonight. They are installing a
Fuji Clean ETU and they have 18 inches from the surface to the groundwater here which isn't
great but they're mounding it so they have at least three feet and just one little correction on the
Regular Town Board Meeting, 02-12-2024, MTG 95 554
second page. I noticed that the tax map number for this lot, to make it clean and so it's consistent
on both parts the front and under the second, first resolved is 227.18-1-10 okay and you're using
the Fuji Clean and you are using the optional disinfection cylinder, right? Do I have that right?
LUCAS DOBIE-Yes for our well supply Mr. Supervisor.
SUPERVISOR STROUGH-Yes okay.
MR. DOBIE-But UV treatment after that.
SUPERVISOR STROUGH-You are putting the disinfection in, okay.
MR. DOBIE-Yes.
SUPERVISOR STROUGH-Alright. Looking through other notes here, so and the Town Board
has the new plans where they've shifted over the mound to address the neighbor's well. Okay,
perk rates and so forth have been identified and I did get the new plans tonight. Alright, so with
the Agent for the Aiellos identify yourself and feel free to expand on anything that I explained or
described.
MR. DOBIE-Sure, thank you Mr. Supervisor and good evening, Board, for the Record Lucas
Dobie with Hutchins Engineering representing the Aiello Family Trust and with us is my client
Steve and Mary Beth Aiello at 6 Fishing Hole Loop which is the southern end of Pilot Knob just
as you start up Pilot Knob Road on the left. They are an inland parcel, so they're, do not have
frontage on Pilot Knob Road nor lake frontage, so they're land locked, and our options are pretty
limited for replacement system. So,their existing system now is a septic tank with some sort of
block system to the northeast most likely sitting in the groundwater undersized so it's not an
ideal situation by any means. So, we're proposing the Fuji Clean Enhanced Treatment Unit and a
new pump station roughly in the same area as the existing system so we can reuse our house
plumbing and then a new mound system at the southeast corner of the property sized to 100
percent of the sizing criteria, no reduction. So, it's nominally 50 feet long with the update. How
we came with the update, and we appreciate the Building Department and the Clerk's Office
helped us out with this, it was a plan we submitted. We had the mound basically stuffed in the
southeast corner of the property and with the public notice Mr. Boyd which is two properties to
the south picked up on where's my well and we totally missed it in the field. We did find it on a
2001 plan for Mr. Teele who's the middle property, for his replacement system so we're
comfortable with that location which was from the survey, and we also checked it in the field by
pulling 100 feet, so we appreciate Mr. Boyd bringing that to our attention so we can take care of
this now. So subsequently Thursday and Friday we re-shifted our field a little bit, lengthened it
so we're able to meet that 100 feet to Mr. Boyd's well to the south. So, we're about 101, 102 feet
with our, with the end of our fill so we're, and then again I re-measured that in the field and
we're comfortable with our location relative to his well and that's physically we're going to be
fine with the install. And again, thank you to Betty helped us with some copies and everything
and our variance requests as advertised, as submitted did not change. So, it's still the 61 feet to
our well, with our total fill and then six inches to the easterly property line and the southerly
property line with our fill just so we can maximize that area that is the most suitable on the site
for this mound system. It will take up a little bit of the driveway with our mound and do what we
need to do to reconfigure that to make it work for our geometry and to protect the southerly
neighbors well so and with that I'll be happy to answer any questions and thank you for your
time tonight, Board.
SUPERVISOR STROUGH-Alright thank you. Town Board any questions for the Agent?
COUNCILMAN MCNULTY-Just a comment John I...the Aiellos are doing this not because of
property transfer or whatever just to,to increase, to better their system and to take care, better
care of the Lake so I applaud their efforts to do that.
SUPERVISOR STROUGH-Okay. Well, there is a public hearing on this is there any member of
the public that wishes to speak for the Aiello sewage disposal variance application? Alright
seeing none I'll close the Public Hearing and entertain a motion to approve.
Regular Town Board Meeting, 02-12-2024, MTG 95 555
PUBLIC HEARING CLOSED
RESOLUTION APPROVING AIELLO IRREVOCABLE FAMILY TRUST'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 7,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
WHEREAS Steve and MaryBeth Aiello, on behalf of the Aiello Irrevocable Family Trust,
(Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site
Sewage Disposal Ordinance, Chapter 136 to install a replacement onsite wastewater treatment system
with its absorption field(toe of fill)to be located:
1. 61' from the well in lieu of the required 100' setback;
2. .5' from the easterly property line in lieu of the required 10' setback; and
3. .5' from the southerly property line in lieu of the required 10' setback;
on property located at 6 Fishing Hole Loop,Pilot Knob 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, February 12'', 2024, 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, 02-12-2024, MTG 95 556
RESOLVED, that the Local Board of Health hereby approves the application of Steve and
MaryBeth Aiello, on behalf of the Aiello Irrevocable Family Trust, for variances from the Sewage
Disposal Ordinance to install a replacement onsite wastewater treatment system with its absorption
field(toe of fill)to be located:
1. 6 F from the well in lieu of the required 100' setback;
2. .5' from the easterly property line in lieu of the required 10' setback; and
3. .5' from the southerly property line in lieu of the required 10' setback;
on property located at 6 Fishing Hole Loop,Pilot Knob in the Town of Queensbury and bearing Tax
Map No: 227.18-1-10, and
BE IT FURTHER,
RESOLVED,that the ETU shall be maintained by the property owner(s) 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 12'h day of February, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF DAUREEN AND DAN BENNETT
RESOLUTION NO.: BOH 8,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
Regular Town Board Meeting, 02-12-2024, MTG 95 557
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, Daureen and Dan Bennett (Applicants) have 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§136-11A as the Applicants wish to install a 2,000 gallon capacity
holding tank in lieu of the required 3,000 gallon capacity holding tank on property located at 88 Seelye
Road in the Town of Queensbury, and
WHEREAS,the Applicants have applied for an additional variance from Chapter 136 to allow
placement of such holding tank 6'±from the property line in lieu of the required 10' setback on such
property,
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, February 26 h, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury,to consider Daureen and Dan Bennett's sewage disposal variance application concerning
property located at 88 Seelye Road in the Town of Queensbury and bearing Tax Map No.: 227.17-2-
15 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 12'h day of February, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION GRANTING ADAM SEARLES EXTENSION OF TIME TO
COMPLETE NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM
ON PROPERTY LOCATED AT 89 BIRDSALL ROAD
RESOLUTION NO.: BOH 9,2024
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michael Dixon
Regular Town Board Meeting, 02-12-2024, MTG 95 558
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 System(s)
(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 an OWTS meeting all
standards is not completed within the time provided, and
WHEREAS, Adam Searles (Applicant)purchased the property located at 89 Birdsall Road
identified as Tax Map No:289.17-1-29(Property)on or about August 22nd, 2023 and by letter dated
January 26, 2024 has advised that the existing home on the property will be demolished and the
OWTS removed; however, due to challenges finding contractors to start the project, such work
will not be completed within the required six (6) month time period, and
WHEREAS, Applicant has requested that the Town Board grant additional time, until
October 2024 to complete such work and extend the date on which the $2,000 escrow deposit
Applicant previously deposited be automatically forfeited and in the meantime, Applicant has
advised that the home is not being used and its plumbing has been completely shut off, and
WHEREAS, the Director of Building and Codes Enforcement has recommended Town
Board approval of this requested extension to October 31", 2024,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby
authorizes and grants Adam Searles additional time or until October 31", 2024 to obtain a
certificate of compliance from the Town's Building and Codes Enforcement Office to complete
demolition of the existing home and installation of a new Code compliant onsite wastewater
treatment system (OWTS) on Property located at 89 Birdsall Road and extend the date by which
the $2,000 escrow deposit shall be automatically forfeited until October 17d', 2024, and
BE IT FURTHER,
RESOLVED,that the home shall not be inhabited nor utilized for rental use until demolition
is complete and a new Code compliant OWTS has been approved and installed, and
Regular Town Board Meeting, 02-12-2024, MTG 95 559
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Director of Building and Codes Enforcement to take all actions necessary to effectuate all
terms of this Resolution.
Duly adopted this 121h day of February, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION GRANTING 47 KNOX ROAD LLC ADDITIONAL
EXTENSION OF TIME TO COMPLETE NEW CODE COMPLIANT
SEWAGE DISPOSAL SYSTEM ON
PROPERTY LOCATED AT 47 KNOX ROAD
RESOLUTION NO.: BOH 10,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 System(s)
(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 an OWTS meeting all
standards is not completed within the time provided, and
WHEREAS, a change of deed for property located at 47 Knox Road in the Town(Tax Map
No.: 239.7-1-10) occurred on or about August 23rd, 2022 and when the required property transfer
septic inspection took place, it was found that the existing sewage disposal system was deficient;
however, the proposed replacement OWTS would not be completed within the required six (6)
month time period, and
Regular Town Board Meeting, 02-12-2024, MTG 95 560
WHEREAS, by letter dated January 5, 2023, Jonathan C. Lapper, Esq., on behalf of new
owner 47 Knox Road, LLC, (Applicant), advised that due to needed approvals from the Town's
Planning and Zoning Boards related to Applicant's plans for the proposed demolition of the existing
structure and construction of a new home including a replacement OWTS on the site, Applicant was
unable to arrange for installation of the Code compliant OWTS and 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 to
December 5 h, 2023 and the Director of Building and Codes Enforcement recommended Town
Board approval, and
WHEREAS, by Resolution No.: BOH 37, 2023, the Town Board authorized and granted
Applicant the requested additional time or until December 51h 2023, and
WHEREAS, by letter dated January 29, 2024, Jonathan C. Lapper, Esq., on behalf of the
Applicant, has requested an additional six (6) month extension of time to complete installation of
the OWTS as the site plans are still in the design phase but are expected to be submitted to the
Town for approval soon, and the Director of Building and Codes Enforcement has recommended
approval of this requested extension through June 5 h, 2024,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby
authorizes and grants 47 Knox Road, LLC (Applicant) additional time or until June 51h, 2024 to
obtain a certificate of compliance from the Town's Building and Codes Enforcement Department
to complete demolition of the existing structure and construction of a new home including
installation of a new Code compliant onsite wastewater treatment system on Property located at
47 Knox Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be
automatically forfeited to the Town until June 51h 2024, and
BE IT FURTHER,
RESOLVED,that the existing 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 OWTS for
the new home construction has been approved and installed as confirmed by the Director of Building
and Codes Enforcement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Director of Building and Codes Enforcement to and take any and all actions necessary to
effectuate all terms of this Resolution.
Regular Town Board Meeting, 02-12-2024, MTG 95 561
Duly adopted this 121h day of February, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF DAVID AND THERESA RIES
RESOLUTION NO.: BOH 11,2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
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, David and Theresa Ries(Applicants)have applied to the Local Board of Health
for variances from Chapter 136 for installation of an on-site subsurface wastewater treatment system,
specifically a mounded soil absorption system, to be located on Applicants' property located at 8
Seeyle Road North to serve both 8 Seelye Road North and 12 Seelye Road North in the Town of
Queensbury, with the:
1. Groundwater table to be 6"below the ground surface in lieu of the required 3'below
ground surface; and
2. Fill or built-up system to be located 4' from the dwelling in lieu of the required 20'
setback;
NOW, THEREFORE, BE IT
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, February 26 h, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider David and Theresa Ries' sewage disposal variance application concerning
property located at 8 Seeyle Road North in the Town of Queensbury (Tax Map No.: 227.17-1-24)
and at that time all interested persons will be heard, and
BE IT FURTHER,
Regular Town Board Meeting, 02-12-2024, MTG 95 562
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 12'h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF GERALDINE EBERLEIN
RESOLUTION NO.: BOH 12,2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
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, Geraldine Eberlein (Applicant) has applied to the Local Board of Health for
variances from Chapter 136 for installation of an on-site subsurface wastewater treatment system,
specifically a mounded soil absorption system,to be located on 8 Seelye Road North to serve 8 Seelye
Road North and Applicant's property located at 12 Seeyle Road North in the Town of Queensbury,
with the:
1. Groundwater table to be 6"below the ground surface in lieu of the required 3'
below ground surface;
2. System to be placed on a neighboring property- identified as 8 Seeyle Road North
in accordance with: a) drawings prepared by Studio A Landscape Architecture dated
5/9/2023;and b)an Agreement between Applicant and David K. Ries and Theresa M.
Ries dated September 7, 2023; both of which documents are part of the variance
application; and
3. Effluent line to be located 0' from the property line in lieu of the required 10'
setback;
NOW, THEREFORE, BE IT
Regular Town Board Meeting, 02-12-2024, MTG 95 563
RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing
on Monday, February 26 h, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Geraldine Eberlein's sewage disposal variance application concerning
property located at 12 Seeyle Road North in the Town of Queensbury(Tax Map No.: 227.17-1-25)
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 12'h day of February, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF BLACK FAMILY NOMINEE TRUST
RESOLUTION NO.: BOH 13,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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, William Black, on behalf of the Black Family Nominee Trust, (Applicant) has
applied to the Local Board of Health for variances from Chapter 136 to install a replacement onsite
wastewater treatment system with certain of its components to be located:
1. absorption field 1' from the property line (E) in lieu of the required 10' setback;
2. absorption field 3' from the dwelling(guest house) in lieu of the required 20' setback;
3. septic tank 1' from the dwelling in lieu of the required 10' setback;
4. septic tank 1' from the property line (W) in lieu of the required 10' setback;
5. absorption field 8' from the property line (W) in lieu of the required 10' setback;
6. absorption field 4' from the dwelling(main house) in lieu of the required 20' setback;and
Regular Town Board Meeting, 02-12-2024, MTG 95 564
7. absorption field 8' from the neighboring dwelling in lieu of the required 20' setback;
on property located at 13 Fielding Lane 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, March 4 h, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider William Black, on behalf of the Black Family Nominee Trust's, sewage
disposal variance application concerning property located at 13 Fielding Lane in the Town of
Queensbury(Tax Map No.: 227.13-2-16) 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 12'h day of February, 2024, by the following vote:
AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF EAST LAKE GEORGE HOUSE, LLC
SUPERVISOR STROUGH reviewed proposed application seeking eight holding tanks and
recommended to pull the resolution for further information.
Town Board held discussion and agreed to pull resolution at this time.
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF DENISE AND RONALD FAUCHER
RESOLUTION NO.: BOH 14,2024
INTRODUCED BY: Mr. Michael Dixon
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
Regular Town Board Meeting, 02-12-2024, MTG 95 565
WHEREAS, Denise and Ronald Faucher (Applicants) have applied to the Local Board of
Health for variances from Chapter 136 to install a replacement onsite wastewater treatment system
with certain of its components to be located:
1. septic tank 27' from Lake George in lieu of the required 50' setback;
2. effluent pump tank 28' from Lake George in lieu of the required 50' setback; and
3. absorption field 85' from the drilled well in lieu of the required 100' setback;
on property located at 7 Sign Post 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, March 4 h, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Denise and Ronald Faucher's sewage disposal variance application
concerning property located at 7 Sign Post Road in the Town of Queensbury(Tax Map No.: 239.16-
1-6) 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 12'h day of February, 2024, by the following vote:
AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF MICHAEL LOUGHREY
RESOLUTION NO.: BOH 15,2024
INTRODUCED BY: Mr. Anthony Metivier
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
Regular Town Board Meeting, 02-12-2024, MTG 95 566
WHEREAS, Michael Loughrey (Applicant) has applied to the Local Board of Health for
variances from Chapter 136 to install a replacement onsite wastewater treatment system with certain
of its components to be located:
1. ejector pump tank 4' from the dwelling in lieu of the required 10' setback; and
2. wastewater absorption field 60±' from the neighboring well in lieu of the required 100'
setback;
on property located at 11 Sign Post 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, March 4 h, 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Michael Loughrey's sewage disposal variance application concerning
property located at 11 Sign Post Road in the Town of Queensbury (Tax Map No.: 239.16-1-7) and
at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice
to neighbors located within 500 feet of the property as required by law.
Duly adopted this 12'h day of February, 2024, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon
NOES None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 16, 2024
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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 121h day of February, 2024 by the following vote:
Regular Town Board Meeting, 02-12-2024, MTG 95 567
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES)
CONNIE GOEDERT, Superintendent of Cemeteries spoke regarding the need for rehabilitation and
the improvements that are needed at Pine View Cemetery's office building.
No Public Comment.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING ADDITIONAL FUNDING FOR
ADMINISTRATIVE TRAINING OF COMMUNITY DEVELOPMENT
DEPARTMENT RELATED TO MUNICITY5 SOFTWARE
RESOLUTION NO.: 73,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 57, 2023, the Queensbury Town Board authorized
establishment of Municity Integrated Parcel Management SaaS Software Capital Project Fund No.:
245 and engagement of Municity Software Consulting Associates (MSCA) for services relating to
implementation of Integrated Parcel Management SaaS software for the Town, and
WHEREAS, the Town's Director of Building and Codes Enforcement has requested
additional funding for administrative training of the Building and Codes and/or Community
Development Department staff related to Municity5 customization and administration for an
estimated amount not to exceed $5,000,
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby authorizes and directs additional funding
for administrative training of the Building and Codes and/or Community Development Department
staff related to Municity5 customization and administration for an estimated amount not to exceed
$5,000 to be paid from Computer Software Account No.: 245-1680-2032, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget and transfer$5,000 from the Town's Undesignated,Unappropriated General
Regular Town Board Meeting, 02-12-2024, MTG 95 568
Fund's Fund Balance Account No.: 001-0000-0909 and take any other actions needed to increase
appropriations and estimated revenues as follows:
• 001-9950-9030 Transfer to Capital Project- $5,000
• 245-0000-55031 Interfund Transfer - $5,000
• 245-1680-2032 Computer Software - $5,000
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Planning, Zoning and Code Compliance 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 12'h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
REHABILITATION AND IMPROVEMENTS TO PINE VIEW
CEMETERY OFFICE BUILDING
RESOLUTION NO.: 74,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town's Cemetery Superintendent wishes to advertise for bids for certain
projects related to the rehabilitation of and improvements to the Pine View Cemetery Office Building
as will be set forth in bid specifications to be prepared by the Cemetery Superintendent and/or
Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder(s)meeting New York State statutory requirements and
the requirements set forth in the Town's bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Regular Town Board Meeting, 02-12-2024, MTG 95 569
Purchasing Agent to publish an advertisement for bids for certain projects related to the rehabilitation
of and improvements to the Pine View Cemetery Office Building in the official newspaper for the
Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to
open all bids received,read the same aloud and record the bids as is customarily done and present the
bids to the next regular or special meeting of the Town Board.
Duly adopted this 12'h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION AUTHORIZING APPOINTMENT OF ROBERT SCOTT AS
WATER TREATMENT PLANT OPERATIONS ENGINEER
RESOLUTION NO.: 75,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,by Resolution No.: 362,2013,the Queensbury Town Board established the full-
time position of Water Treatment Plant Operations Engineer in the Town's Water Department and
appointed Alexander Benway to the position, and
WHEREAS,the Town Water Superintendent/Wastewater Director advised that Mr. Benway
submitted his resignation and therefore the Water Superintendent/Wastewater Director posted and
advertised for such position, conducted interviews and has recommended that the Town Board
authorize the appointment of Robert Scott to such vacant position,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Robert Scott as the full-time Water Treatment Plant Operations Engineer in the Town's Water
Department effective on or about February 13'', 2024 subject to the Town successfully completing a
pre-employment physical and background checks as reasonably necessary to judge fitness for the
duties for which hired, drug and/or alcohol screening, an executed offer of employment letter dated
January 30'', 2024 between the Town and Mr. Scott, and Mr. Scott's successful completion of a six
Regular Town Board Meeting, 02-12-2024, MTG 95 570
(6) month probationary period, with such appointment to be on a provisional basis until such time as
Mr. Scott meets all Civil Service requirements for the position, and
BE IT FURTHER,
RESOLVED,that Mr. Scott shall be paid an annual salary of$91,000, and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Water
Superintendent/Wastewater Director and/or Town Budget Officer to complete and file any
documentation and take such other and further actions necessary to effectuate all terms of this
Resolution.
Duly adopted this 12'h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION AMENDING RESOLUTION NO.: 149, 2023 REGARDING
BAY RIDGE RESCUE SQUAD, INC. DBA: QUEENSBURY EMERGENCY
MEDICAL SERVICES' PROPOSAL TO PURCHASE AMBULANCE
RESOLUTION NO.: 76,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 149, 2023 the Queensbury Town Board approved the Bay
Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service (Squad)'s proposal to
purchase a 2024 Ford F-350 Demers Brand Ambulance at a purchase price not to exceed$300,000,
and
WHEREAS, such Resolution also referenced the Squad's plan to sell its year 2016 E series
ambulance for fair market value; however, the Squad has advised that it wishes to instead sell its
1997 Ford ambulance and keep the 2016 ambulance as this revised plan would help extend the
Squad's purchase of an ambulance in the future, and
WHEREAS, this proposal does not impact the purchase price of the ambulance approved by
Resolution No.: 149, 2023, and therefore, the Town Board wishes to amend Resolution No.: 149,
2023 accordingly,
Regular Town Board Meeting, 02-12-2024, MTG 95 571
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 149,2023
such that the Town Board understands and approves of the Bay Ridge Rescue Squad, Inc., DBA:
Queensbury Emergency Medical Service (Squad)'s proposal to sell its 1997 Ford ambulance related
to the Squad's purchase of a 2024 Ford F-350 Demers Brand Ambulance at a purchase price not to
exceed $300,000, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 149,2023 in
all other respects.
Duly adopted this 12'h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION TO AMEND 2023 TOWN BUDGET
RESOLUTION NO.: 77,2024
INTRODUCED BY: Mr. Timothy McNulty
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 $
Increase Revenue
040-0000-52680 Insurance Recovery 140
Increase Appropriation
040-8310-4130 Legal Retainer 140
001-8010-1010 Salaries 001-8010-4110 Veh Repair/Maint 450
001-8010-1010 Salaries 001-8010-4820 Uniforms 140
001-8010-1010 Salaries 001-8010-4080 Legal Advertisement 20
Regular Town Board Meeting, 02-12-2024, MTG 95 572
001-1420-4130 Tc Retainer 001-1620-1010 Salaries 9000
001-5112-4500 Heating Fuel 001-5182-4305 Street Lights 2000
001-1990-4400 Contingency 001-7110-1010 Salaries 6900
004-5130-4410 Fuel 004-5130-1010 Salaries 2000
NYS
004-9010-8010 Retirement 004-5142-1010 Salaries 24300
009-9060-8060 Health Ins 009-8160-1010 Salaries 2000
009-9060-8060 Health Ins 009-8160-1020 Overtime 600
020-0000-0909 Fund Balance 020-5182-4305 Street Lighting 500
040-8310-4130 Town Counsel 040-8310-1010 Salaries 750
Duly adopted this 12'h day of February, 2024 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF
2015 OR NEWER SINGLE AXLE DIESEL ENGINE TRUCK FOR
TOWN HIGHWAY DEPARTMENT FROM H.L. GAGE SALES, INC.
RESOLUTION NO.: 78, 2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 104, 2020, the Queensbury Town Board authorized
adoption of Local Law No.: 4 of 2020 entitled, "A Local Law Authorizing the Award of Contracts
on the Basis of Best Value", which Local Law authorizes the Town to award contracts which
would otherwise be subject to the "lowest bidder" rule to a bidder on the basis of"Best Value," as
defined in New York State Finance Law §163 as determined by the Town Board upon the
recommendation of the Purchasing Agent and the Department Manager (in this case, the Town
Highway Superintendent) which would include the specific factors to be applied in determining
"Best Value"reflecting, wherever possible, objective and quantifiable analysis, and
WHEREAS, General Municipal Law §103 provides that the Town advertise for bids and may
award the bid to the bidder on the basis of"Best Value"as set forth in New York State Finance Law
while also meeting New York State statutory requirements and the requirements set forth in the
Town's bidding documents, and
WHEREAS, in accordance with Resolution No.: 69, 2024, the Town Purchasing Agent
Regular Town Board Meeting, 02-12-2024, MTG 95 573
published an advertisement for a 2015 or newer single axle diesel engine truck to be used by the Town
Highway Department for brine application as described in bid documents/specifications prepared by
the Highway Department and/or Town Purchasing Agent, and
WHEREAS, on February 6 h, 2024 the Purchasing Agent received and opened the one (1)
and only received bid, and
WHEREAS, the Purchasing Agent and the Highway Department's Fleet Manager
reviewed such bid and have recommended that the Town Board authorize the bid award for a 2016
International truck to the only and therefore lowest, responsible bidder, who also meets the Best
Value criteria, H.L. Gage Sales, Inc., for an amount not to exceed $59,985, and
WHEREAS,the Town Board concurs with the analysis and finds that this purchase meets the
Town's "Best Value" criteria, and
WHEREAS, in accordance with NYS General Municipal Law §6(c), the Town Board is
authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive
referendum, and therefore,the Town Board wishes to authorize such purchase with withdrawals and
expenditures from Capital Reserve No. 64,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a
2016 International truck from the only and therefore lowest, responsible bidder, who also meets
"Best Value" criteria, H.L. Gage Sales, Inc., for an amount not to exceed $59,985 to be paid for
from Vehicles Account No.: 004-5130-2020, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawal and the expenditure for
such capital purchase is an expenditure for which Capital Reserve Fund No. 64 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs establishment of
appropriations and estimated revenues as follows:
• 001-9901-9128-0064 Transfer to Operating Funds - $59,985;
• 004-0000-55031 Interfund Revenues - $59,985;
0 Vehicles Account No.: 004-5130-2020 - $59,985; and
Regular Town Board Meeting, 02-12-2024, MTG 95 574
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget,make any adjustments,transfers or prepare any documentation necessary
to establish such appropriations and estimated revenues and effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Highway Superintendent, Town Budget Officer and/or Purchasing Agent to take any and all
action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
Duly adopted this 121h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS: 02022024 AND 02132024
RESOLUTION NO.: 79,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS,the Queensbury Town Board wishes to approve two(2)audits of bills presented
as Warrants: 02022024 and 02132024 with run dates of 02/01/2024 and 02/08/2024 and payment
dates of 02/02/2024 and 02/13/2024,respectively,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves the audits of bills presented
as Warrants: 02022024 and 02132024 with run dates of 02/01/2024 and 02/08/2024 and payment
dates of 02/02/2024 and 02/13/2024 totaling $35,025.02 and $706,688.18, respectively, and
Regular Town Board Meeting, 02-12-2024, MTG 95 575
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 actions as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 12'h day of February, 2024, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
4.0 CORRESPONDENCE
DEPUTY TOWN CLERK MURPHY-Received email correspondence from James Dobkowski, on
file in the Town Clerk's Office.
5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
No Public Comment.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER(WARD 1)—Nothing to report.
COUNCILMAN FREER(WARD II)
• Reported that he sent a long list of questions about roads, names, pave, and roads by use
hopefully we can get that on meeting soon.
• Mentioned the upcoming Total Eclipse of the sun on April 8 h but most of that activity will be
north and west of us, more in Watertown, Burlington area not sure exactly how that will play
with us and it's in the afternoon and kind of an exciting thing.
• Reported that on June 8 h the Belmont Stake will be moved to Saratoga. It will be there this
year and next year. There are wide ranges of views on how much if anything it is going to
affect us,but I wouldn't plan on being on the Northway trying to get past Saratoga that whole
weekend if you can avoid it. There is speculation that we will see a lot more airplanes at Glens
Falls and in Albany and it is unclear how much capacity we really have and how that will all
play out. If there are any issues or concerns, contact someone so we can work on it. Belmont
will be the week after Americade.We know how to do Americade but with Belmont following
it's going to be interesting. Spoke with Robin the airport manager and he is working with
other regional airports.
COUNCILMAN DIXON(WARD III)
• Spoke regarding the LED replacement of the streetlights starting this Spring. I think it is
wonderful news. Driving around I have seen a lot of lights that are out. I think this is an
excellent project that is moving forward and right now our lights are starting to dim so the
timing couldn't be better. When existing lights are out, they will be replaced with LEDs as
well.
Regular Town Board Meeting, 02-12-2024, MTG 95 576
COUNCILMAN MCNULTY(WARD IV) -Nothing to report.
SUPERVISOR STROUGH
• Thanked Connie Goedert for coming,Joel Barlow and Jesse Jackson for Look TV. Our Town
Counsel, Mark Schachner, Betty Murphy, Deputy Town Clerk, Town Board, and everybody
thank you for attending.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 80,2024
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 12th day of February,2024,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 BETTY MURPHY, DEPUTY TOWN CLERK II