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1973-07-26 :39 REGULAR MEETING JULY 26, 1973 MEMBERS PRESENT John Austin Supervisor Daniel Olson Councilman Robert Barber Councilman Gordon Streeter Councilman J. David Little Town Counsel ABSENT Harold Robillard Councilman GUESTS: WWSC, Tri County News, Post Star and Timtss, Mr. Marzola-City of - Glens Falls, Dave McConaughy-Albany Engineering Company, Glen Caffrey, Mr. Painter, Eleanor Backon, Bob Kelly,Mr. LaTulip Meeting Opened: 7;50 P.M. Salute to the Flag. ReZoning-Albany Engineering Supery sor: ust n ac now a ge resolution from City of Glens Falls Regular Meeting of the Common Council of the City of Glens Falls, N.Y. , fO.ld at the Council Chamber in the City Hall in the said City on hhe 25th day of July, 1973, at 8:00 o' clock, P.M. Present: Mayor Cronin President Mangine Councilmen Wade, Marzola, Bloomfield, Varney and O'Connor. Absent: None. On .the motion of Councilman Marzola, seconded by Councilman Bloom- field, all .voting affirmatively, it was RESOLVED WHEREAS an application has been made to the Queensbury Town Board for rezoning of an 11 acre plot of land to the east of Ridge Road and south of '— Quaker Road from Residential to Light Industrial, and WHEREAS this land is adjacent to the Windy Hill area in the City of Glens Falls, and WHEREAS the Windy Hill Development in Glens Falls consists of a large number of very fine and expensive residences , and WHEREAS the granting of a request to make the adjacent property Light Industrial would cause a serious decline in the value of the Windy Hill residences, NOW THEREFORE BE IT RESOLVED that the Mayor of the City of Glens Falls and the Common Council of the City of Glens Falls do hereby formally re- quest the Queensbury Town Board to give most serious consideration of the deleterious effect any such rezoning would have on the residential properties of their Glens Falls neighbors and friends , and the Mayor and Common Council do therefore request, with all do respect to the interests of the applicant, that the rezoning be denied. The above was certified by the Deputy Clerk of the City of Glens Falls } Councilman Marzola was noted as being present. . . _'Supervisor Austin noted a letter received tby ' :the Town Board from William F. Chambers . . .noting the consideration the Town gave the residents of Glens Falls during the last meeting. . . LETTER RECEIVED: July 26 , 1973 Gentlemen: We own property in close proximity to Albany International Corp- orations. We were among the very first to locate in that area and we are in complete agreement with their desires. We feel that companies such as theirs ehpuld receive en- 820 couragement by the people of Queensbury. Thank you. Sincerely, /s/ Ethel & Ray Wynn Opened to the Public: 7: 53 Councilman Marzola-Has the Board gone to Windy Hill tp look at- it from their v ew Board Members yes Oaundii: aau-.Bauberrkno v ahe : area ,iriry ,well. . . Bob Kelly res. of Ridge Road-Wid have heard foomtWindy Hill..,and. the City of Glens Falls and we appreciate that but don't forget your own tax-payers in the Town of Queensbury that are going to be affected by this too we also have a great interest in it too. . . Gail Conners-343 Ridge Road-It was pointed out to me that our property does not erectly adjoin the property in question, which is true,there is approximately another 300' between our property line and the property line in question however there is behind our house and three other houses adjacent to us, there is approximately two acres of land there which would stay residential or R-4, however we would look down into anything which was put in. . .and also the small section of land that remains how long would it last as an R-4 area with property right next to it as light industrial? Eleanor Backon: Ridge Road - certain property -value would go down and there s ou e a reduction in evalution and property taxes in the area if it is rezoned. . . Dave McConau h -Albany International-. . .feelings have run higher thane anticipate . . .our primaty interest is to be good neighbors. . .we will be completely happy and s*tisfied in what ever the Board decides. . . Mr. Painter: speaking for father-owner of three acres of land-for fathers o ject ons to be eliminated certain iron clad garantees would have to be met 1. 100' buffer zone between any building or parking lot or any to of vehicle moving and any type of private property. 2. If resell the land it would retur# to residential zone. 3. keep industry in good ecological:'. taste for the area . . . Supervisor Austin: briefly reviewed the following resolution RESOLUTION TO REZONE PROPERTY OF ALBANY INTERNATIONAL CORP. ,BESQLUTIOr NO. 2 Introduced by Mr. John Austin, who moved its adoption, seconded by Mr. on Streeter: WHEREAS, application has been made by Albany International Cooperation for the rezoning of property in the Town of Queensbury from R-4 Residential classification to M-1 Manufacturing classification, said property being approximately 12 acres in size, lying south and west of the Quaker Road and east of Ridge Road; and more fully described in Schedule A, attached hereto and made a part hereby. WHEREAS, the Zoning Ordinance of the Town of Queensbury, Section 11: 00 and Sections 264 and ' 265, Article 16, Chapter 62 of the Consolidated Laws of the State of New York provide that any proposed amendment or change in the Zoning Ordinance be referred to the Planning Board for a report thereon and a public hearing be held thereon, and WHEREAS, the said application has been referred to the Town Planning Board and said Town Planning Board has rendered its report to the Town Board recommending L".. app-;oval� of the application, and said application has also been referred. to the Warren County Planning Board and said County Planning Board has recommended approval of the application, and WHEREAS, a hearing was held pursuant to notice duly given, at a meeting of the Town Board in the Town Office Building, Queensbury, New York on Thursday, July-124,' 1973, at which all persons desiring to be heard in favor of said rezoning and also those desiring to be heard in opposition thereto were given an opportunity and were heard, and thereafter the public hearing was closed; 821 WHEREAS, a notice of protest exerted by the owners of more thatt 20% of property within 200 feet of the boundaries of the property to be rezoned was duly filed with the Town Board; and WHEREAS, the Town Board on the basis of evidence presented at such hearing and its own observations determines that buffer protection in the nature of additional residential zone is desirable for the residential area along Ridge Road between the Glens Falls City Line and Quaker Road and for the residential area known as Windy Hill in the City of Glens Falls ; Now, Therefore, be it RESOLVED, that the aforementioned property be and the same is hereby rezoned from in R-4 residential district to an M-1 manufacturing district, excepting and reserving a strip 50 feet in width along the southerly boundary of said premises to be rezoned, which strip shall remain zoned R-4 Residential; and be it further RESOLVED, that such rezoning shall be conditioned upon receipt by the Town Board of the. Town of Queensbury of an application by Albany International Corp. for the rezoning of its premises fronting on Ridge Road, said rezoning to be from M-1 manufacturing distriet to R-4 residential district of an area bounded on the north by premises of Peter J. Holmes , on the 'west by Ridgp Road, on the south by the south line of Albany International Corp. as it intersects with said Ridge Road, and on the east by a line running southerly from the southeast corner of said Holmes lot equidistant from Ridge Road to a point on the south line of Albany International Corp. as aforementioned, said south line by the property to be rezoned being the same distance as the south line of said Holmes property; and be it further RESOLVED, that the Town Clerk be and he hereby is authorized and directed to give. the necessary notice of such change in Zoning to the departments and agencies having ,jurisdiction in the matter. Attorney Caffrey: I think we should say, one thing bears repeating at the last public hearing we pointed out that this property was offered to Albany International it was not solicited. Very candidly Mr. McConaughy and others said that we have no present plans for it, because we don' t. We would hope that if it were rezoned in the orderly development ofy " ° ;amy Internationals mm business up here that it might be used for similiar puel to what the present property is being put, feel that -the application should be considered on its own bottom, that whewould respectfully decline to make any commitment on any application for rezoning on Ridge Road this came up in 1971 and it was rezoned by M-l' and it is M-1 at this time. We would `— pree#er not to combine these Uvo in any way and would not want you to pass something based on thought that we would be coming in with another application. ' We have no present intention of making such an application, we thought this should be brought to your attention at this time so that you would not vote under false pretenses on it. We would like the proposition that is before you considered on tte:own merits and as Mr. McConaughy said that the Town Board does not think, weighing all things in balance thai� t is not in the best inter- est -of the community then you ought to turn it down, and this is the way we honestly feel. Supervisor Austin: asked for comments from the Board. . . (no one spoke) noted a protest was filed by owners of at least 20% of adjacent land Qx- noting this filed protest at least 3/4 of the Town Board of all Town Board members to vote in favor for passage. . .4 members. . . Councilman Barber: request adjournment 8:10 P.M. Supervisor Austin: Re-Opened 8: 15 P.M. The following vote was taken: Ayes : Mr. Barber, Mr. Streeter, Mr. Austin Noes : Mr. Olson `,Absent: Mr. Robillard Supervisor Austin: The compromise resolution was defeated. . . Mr. Caffrey: We do appreciate alik the consideration thats been given on t s because we realize this is a very difficult decision it always is . .and we a sympathic to the feelings of the people in Windy Hill. . .we do not hate them and we hope they do not hate us. . . Supervisor Austin: Adjournment. . . Meeting Opened: 8:16 P.M. 0 G 2 Mobile Home Application-Thomas E. Smith of Richardson Street to place a mobile home on Richardson Street on property owned by Helen Hall-Smith Building & Zoning Dept. comments-Mr. LeRoy Bishop is very much opposed to this application. He runs the dental lab very close to this property. Also, owns property adjoining this parcel. A 100' x 200' lot will be deeded over to the applicant if this permit is granted. I do not see a hardship here. Mr. Smith was present and spoke to the board. . . RESOLUTION TO AUTHORIZE PUBLIC HEARING s U§Q"TION NO. 223_, Introduced by Mr. Gordon Streeter, who moved its adop by Mr. Robert Barber WHEREAS, Thomas E. Smith has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside at property situated at Richardson Street, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, the Building & Zoning Department will recheck the existing well and sewage system on the property, and WHEREAS, it is hereby determined that the facts presented in said applica- tion are sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the town board shall conduct a public hearing on said application August 23, 1973 at 7: 30 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with, the provisions of said ordinance. Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Austin Noes: None Absent: Mr. Robillard The monthly Report for the Queensbury Police Department was read and filed - month of May, 1973 month of June, 1973 - Councilman Barber-commended the Police Department Councilman Olson-commended the Police Department Supervisor Austin-noted the absence of Mr. Robillard-out of the State- -S. G. Phillips working on the main water lines-many favorable comments as to the work have been received - RESOLUTION TO ENTER INTO AGREEMENT WITH NIAGARA MOHAWK AND TOWN OF QUEENS- BURY 'CONCERNING THE CONSTRUCTION AND MAINTENRNCE OF WATER PIPE LINES ON NIAGARA MOHAWK LAND RESOLUTION NO. 224, Introduced by Mr. Gordon Streeter, who mowed its adoption, seconded by Mr. Daniel Olson: WHEREAS, this Board by resolution duly adopted has created the Queensbury Water Storage and Distribution District; and WHEREAS, a contract has been entered into by and between this Town and S. G. Phillips Co. , for the construction of a water pipe line in said Queensbury Water Storage and Distribution District; and WHEREAS, it is necessary that said water pipe line be constructed and maintained in part upon lands of Niagara Mohawk Power Corporation; and WHEREAS, said N'Jigara Mohawk Power Corporation desires An egaeement be entered into concerning the construction and maintenance of said water. pipe line on the lands owned by it; and WHEREAS, the terms of such agreement have been examined and approved by Harold W. Katz, attorney for the Queensbury Water Storage and Distribution District; now, therai6rme, be it RESOLVED, - that the Supervisor be and he hereby is authorized to enter into and execute such agreement with Niagara Mohawk Power Corporation an behalf of the Town of Queensbury and upon such terms and conditions as he deems in the best interests of said Town. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Austin Noes: None ABSENTA4r. Robillard ANNOUNCEMENTS: -ENCON-application of Beatrice Weber to install a water intake pipe on Assembly Point - route it under road -this will require a permit from the Town Highway Dept.-will be referred to the Town Engineer. Petition - 30 Residents of Northup Drive-exclude them from the lighting District-there is a meeting scheduled between the resident of Northup Drive and Niagara Mohawk -Note Niagara Mohawk Price (Rate Increase) applied for to the PFC of 15% for Street Lighting Cost to the Municipalities-Town of Queensbury an annual increase of $4,000 in cost±intend to be at any hearing on this- ` -The Town Board, Zoning Board and Planning Board are considering hiring Murphy and Kren to-finish the rezoking proposals in light of the AAP August 9 an information meeting with the State and Town Board members and Murphy and Kren. . . RESOLUTION OPPOSING EMERGENCY MEDICAL SERVICES BILL RESOLUTION NO. ZU, Introduced by Mr. John Austin who moved its adoption, seconded by r. rdon Streeter: WHEREAS, New York Senate gill 6&15 to amend the Public Health Law in re- lation to supervision, and regulation of emergency medical serviees and to repeal provisions of said law relating to ambulance services has been intro- duced for consideration by the State Legislature; and WHEREAS, the provisions of said till fail to take into accouhttthe voluntary aspect of participation in emergency dquads as they have been organized in the Town of Queensbury and throughout the State; and WHEREAS, the training requirements promulgated by such legislation would be so erroneous^asLto seriously impair the effectiveness of the emergency squads in _. the Town of Queensbury and throughout the State ; now, therefore, be it RESOLVED, that the Town Board of the Town of Queensbury hereby expresses its opposition to said bill and petitions the Health Committees of the State Senate and State Assembly to have such bill redrawn so as to take cognizance of the voluntary nature of many emergency squads in the State; and be it further RESOLVED, that a copy of this resolution be forwarded to Senator Tarky Lom- bardi Jr, Senator Ronald B. Stafford, Assemblyman Chester R. Hardt, and Assemblyman Gerald B. Solomon. Duly adopted by the following voter Ayes: Mr. Olson, Mr. Barber, Mr. Streeter, Mr. Austin Noes: None Absent: ft. Robillard Supervisor Austin: Opened to Public 8:42 P. M. Mr. Frank LaDeau: presented the Board with a petition protect*ng the blocking of the view by Big Sport on Svhet Road and Route 9-signatures on petition are residents of Sweet Road. . .and area residents Su e�rvissoor Austin: will accept the petition and refer it to the Town Police and TTr_`=c Safety Committee. —Mr. RaaLattulll, 36 Hillcrest Avenue-complaint about temporary power connection to Tiffs house. J. -David Little: Noted that an error was made by the Town in issuing a C/6 but beyond that Niagara Mohawk, the Property Owners and Colony Modular would have to get together and settle the problem-it was noted that the Town could make a safe read but in doing so power would be cut off tbz the residents of the area. Supervisor Austin-The Town will try to help "gel' the thing together" On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk