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1972-12-28 182 Regular Meeting December 28 , 1972 Members Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman Harold Katz Town Counsel Supervisor Gerald B. Solomon opened the meeting at 8:00 P.M. with a salute to the flag. Supervisor Gerald B. Solomon greeted the following visitors: Mrs. Edward Barrett, League of Women Voters John Lemery William Smith Richard Lipps Thomas Flaherty Carolyn Lipps Case Prime Residents of Bayberry Ct. Bob Stewart J. Arthur Norton First on the agenda bid open for the Building & Zoning Car-proof of publication was shown by the clerk. Bids Opened: Whiteman Chevrolet, Inc. Glens Falls , New York $ 3,760.90 Less Trade In. . . . . . . . . . . 858.90 Net. . . . . . . . . . . . . . . . . . . . . $ 2,910.00 Ford Garage Company, Inc. Glens Falls , New York $ 3,943.75 Less Trade In. . . . . . . . . . . 1,043. 75 Net. . . . . . . . . . . . . . . . . . . . . $ 2,9D0.00 - Supervisor Gerald B. Solomon turned the bids over the the Assistant Building Inspector, Harold Boynton for his consideration. The bids :. .i will be tabled until a decision is made. Next on the Agenda-the Mobile Home Application for William Smith, proof was shown by the Clerk, no one appeared t.o speak for or against this application. Public Hearing Closed. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 225 , introduced by Mr. Gordon Streeter who moved its adoption, seconded by Mr. Lloyd Demboski. WHEREAS, William 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 at property situated Rhode Island Avenue, and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned =-y ordinance, permission is hereby given to William Smith to locate a mobile home at property situated at Rhode Island Avenue and that the Building Inspector is hereby authorized and directed to issue such permit in accordance withthe terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Lloyd Demboski, Robert Barber, Harold Robillard, Gordon Streeter Gerald B. Solomon Noes: None Next on the Agenda-Public Hearing was opened for the rezoning of the Bray premises. R. Case _Prime representing Mr. Bray requested that the hearing be re- scheduled to the January 11th meeting. No one appeared to oppose the rezoning request at this hearing. The Board tabled discussion on this hearing until the January 11th meeting. Next on the Agenda-the Rezoning of the Aronson Property. Mr. Solomon noted receiving a notice of Protest- Harold Katz, Town Counsel explained the legal views on a protest noting that four members of the Town Board are needed to pass such a rezoning. R.Case Prime, representing the Aronson Property spoke- (6) -six photos were entered to clarify the type of buildings that are proposed. J. Arthur Norton spoke as a witness on behalf of the Aronson Property giving the techinical views of the proposed architecture. Mr. Solomon opened the meeting to the public on this matter only: Mr. Robert Stewart, Clark, Bartlett and Caffry, represented the Bay- berry Court Area- opposed to the Aronson Rezoning-Mr. Stewart submitted an additional letter of protest for the Bayberry Court Residents. Mr. Stewart questioned J. Arthur Norton bring out the following: mostly two story apartments-there will be 200 apartments projected, the density per acre would be 82 families the zoning allowes 15 families per acre. 70-80% of the development will be (1) 15edrbgm apartments approximately 140-160 apartments, Soil Condition study was done , Master sewage system would be recommended for the area, 82.5 acres will be used in the development. Mr. Stewart reiterated his opposition thru the original petition, also questioning the need for 160 (1) bedroom apartments in the area. Mr. Stewart also stated his opposition to spot zoning, in this situation. Charles Capler questioned the acreage versus number of apartments. Mr. Solomon explained the first phase of the apartments- Mr. Norton further explained that there would be (700) apartments in 822 acres. Mr. Ron Anderson spoke-Being a local business man he could see no problem for employees in the area finding apartments in the Town. R. Case Prime-let it be noted that Mr. Norton and I were here at 6 :30 tonight to go over the plans with Mr. Hughes, Mr. Judge and Mr. Stewart to give a clear view of the proposal-Mr. Prime felt that the cuoss examina- tion of Mr. Norton was not needed- Mr. Prime noted that one bedroom"*'ill be placed in the development as they are needed, this would be up to the developer. Mr. Solomon: requested that information given, not be repeated. Mr. Stewart, would like evidence showing that the Town needs new apartments, Mr. Streeter, do you have the recommendation of the Planning Board? Mr. Solomon, the Queensbury Planning Board recommended disapproval- commenting We see no need to change the zone, the present zone allows the reasonable use of this property. The County Planning Board recommended Approval, no comment. Mr. Solomon, Called for recess-reopened meeting, The Town had made a study of the soil conditions and the Board is not in favor of a housing development. R-5 Zone seems to be the best use of the land. RESOLUTION APPROVING THE REZONING OF THE ARONSON PROPERTY, R-4 TO R-5 RESOLUTION N0. 226, this resolution is not available at this time, but will be forth coming from Attorney Harold Katz, and will be found on page If 7 . Mr. Solomon-Mr. Prime your client is not here, we have rezoned this property, further matters to be taken up with the Planning Board, the Town Board will also meet with the Planning Board and discuss your project. Mr. Stewart-may I respectfully request that this Town Board stay an issuance of a building permit for a period of 30 days in order for me on behalf of my client to file an Article 78 proceeding, to repeal the decision of this Board for a Court proceeding. Mr. Solomon-Does the Town Board have the power to stay a building permit? Mr. Katz-stated that they are a long way from a building permit. Mr. Solomon- Call for a Recess. The Town Board decided to table bids for the Building & Zoning Car until 1-64 the new Town Board takes over after January 1, 1973. Next on the Agenda the Mobile Home Application of Richard Lipps. Attorney John Lemery represented Richard Lipps and explained the application to the Board. The Board explained to Richard Lipps that they would consider the application, but it would be subject to a Variance of the Zoning Board, the lot being non-conforming. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 227, introduced by Mr. Gerald B. Solomon, who moved its adoption, snded by Mr. Gordon Streeter. WHEREAS, Richard Lipps, has made application in accordance with para- graph c) Section 4, of an ordinance of the Town of Queensbury entitled- P h 2 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 Ohio Avenue, and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said applica- tion are sufficient to justify further consideration by this board, there- fore be it RESOLVED, that pursuant to the provisions of the above mentinned ordin- ance, the town board shall conduct a public hearing on said application on January 25 , 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 pro- visions of said ordinance. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes : None The Town Board tabled Morgan Combs application for a Mobile Home, because the application will be resubmitted. The Town Board held a short discussion with Winston D. Tucker on his Mobile Home Application. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 228, introduced by Mr.Gordon Streeter, who moved its adoption, seconded by Mr. Lloyd Demboski. WHEREAS, Winston D. Tucker, has made application in accordance with f*ragraph 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 corner of Luzerne Road and New Hampshire Avenue, and WHEREAS, it is hereby determined that said application complies with - the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented �in said application are sufficient to justify further.-consideration by this board , therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordin- ance, the town board shall conduct a public hearing on said application on January 25 , 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 pro- visions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Streeter, Mr. Solomon Noes : Mr. Barber, Mr. Robillard The Mobile Home Application of Kenneth W. Wilson was withdrawn. The Police Activity Report for the Month of November 1972 was 16 placed on file in the Town Clerks Office. The following letter from Attorney Harold Katz was read by Supervisor Solomon: December 28, 1972 Hon. Gerald B. Solomon, Supervisor Town of Queensbury Town Office Building i Glens Falls, New York 12801 Dear Gerry,: In reviewing my services performed as counsel to the Town Board over the last five years, it is most apparent that matters involving the Town Zoning Ordinance have increased appreciably and will continue to increase. Based upon the foregoing, I urge the Town Board to consider the appointment of additional town counsel to represent the Town Board, Planning Board, Zoning Board of Appeals, and the Building and Zoning Inspector in all zoning matters. As you have requested, I will be pleased to continue to service all pending litigation as well as other matters now in progress such as the Queensbury Water Storage and Distribution System; Intermunicipal Sewer System;the refinancing of outstanding bond anticipation obligations; and the various other matters now in process. It has been a privilege to serve as counsel to you and the Town Board, and I wish to take this opportunity to express my appreciation to all of you for your many courtesies and cooperation, and wish you all much happiness, good health and success in 1973 and the years ahead. Sincerely, HAROLD W. KATZ HWK:vh cc: Hon. Lloyd Demboski Hon. Robert Barber Hon. Harold Robillard Hon. Gordon Streeter Mr. Solomon stated that "my recommendation is that the Board continue the services of Mr. Katz." He thanked Katz for his past five years service to the board. The finicial report of the Highway Department for the month of November, 1972 was placed on file in the Clerks Office. RESOLUTION TO AUTHORIZE SIGNING OF CONTRACT RESOLUTION NO. 229, introduced by Mr. Gordon Streeter who moved its adoption seconded by Mr. Robert Barber. WHEREAS, the engineering study for the South Queensbury Water District No.. 2 has been completed, be it RESOLVED, that the Supervisor is hereby authorized and directed to sign said contract with Joseph A. Kestner, Jr. , contract being called, Contract No. 10 - South Queensbury Water District No. 2. 1A S-6 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robil.lar4, Mr. Streeter, Mr. Solomon Noes: None RESOLUTION TO TRANSFER EEA FUNDS TO HIGHWAY AND QUEENSBURY WATER RESOLUTION NO. 230, introduced by Mr. Lloyd Demboski, who moved its adoption, seconded by Mr. Harold Robillard. . WHEREAS, there are accumulated funds paid to the General Fund by the County of Warren for EEA services and WHEREAS, $693.89 was expended by the Highway Department and $1692.02 was expended by the Queensbury Water Department, therefore be it RESOLVED, that these amounts be transferred from the General Fund 1 as follows: �J Highway DM5130.1 Personal Services $ 630.50 DM9030.8 Social Security 32.78 DM9040.8 Compensation 15.76 DM9060.8 Hospitalization 14.85 Queensbury Water SW1 8340.1 Personal Service $11553.27 SW1 9030.8 Social Security 80.75 SW1 9040.8 Compensation 31.06 SW1 9060.8 Hospitalization 26.94 and be it further RESOLVED, that these appropriations be increased by said amounts. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard , Mr. Streeter, Mr. Solomon Noes: None RESOLUTION TO INCREASE APPROPRIATIONS IN THE GENERAL FUND RESOLUTION NO. 231, introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Lloyd Demboski RESOLVED, that the following appropriation of the General Town Fund be increased as follows, such increases to come from the Contingent Fund in the amount of $3,700.52 and from surplus unappropriated funds, in the amount of $23,268.99. Increase New Appropriation A1110.4 Justice Contractual 1,010.00 $ 1,810.00 A1220.4 Supervisor Contractual 252.00 552.00 A1410.4 Town Clerk Contractual 1,740.00 4,190.00 A1420.4 Attorney Contractual 6 ,570.00 12,570.00 A1440.4 Engineer Contractual 490.00 4,190.00 A1450. 1 Elections , Personal 867.00 7,067.00 A1620.1 Shared Services, Personal 380.00 7,880=,00 A1620.2 Shared Services, Equipment 1,315.00 5 ,202.61 A1620.4 Shared Services, Contractual 2,750.00 12,550.00 A1910.4 Unallocated Insurance 912.00 5,139.13 A3120.1 Police Personal 800.00 54,400.00 _ A3120.4 Police, Contractual 610.00 8.610;00 A3310.4 Traffic Control, Contractual 1,517.00 5 ,517,00 A3510.4 Dog Warden, Contractual 440.00 1,440.00 A5182.4 Street Lighting, Contractual 177.00 15,997.00 A8010.4 Zoning, Contractual 658.00 1,858.00 A8020.1 Building/Zoning Personal 730.00 19,230.00 A8020.4 Building/Zoning Contractual 923.00 2,923.00 A3010.4 Public Safety Contractual 440.00 538.46 A8160. 1 Refuse & Garbage, Personal 104.00 18,304.00 A8160.4 Refuse & Garbage, Contractual 2,355.00 7,,821.92 A8510.1 Community Beautification Personal Service 1,843.00 3,843.00 _ ___ A9740. 7 Capital Notes , Interest 86.51 969.66 RESOLVED, that the following transfers within appropriations be made as follows: From A1355. 2 Assessor Equipment, the amount of $400 be transferred 167 A1355.4 increasing .4 to $900.00 and decreasing . 2 to $600.00. From A1450.4 Elections, Contractual, the amount of $47.34 to A1450.2 increasing .2 to $47.34. also $251.66 transferred to A1450. 1 Personal Service increasing .1 to $7,318.66 and decreasing .4 to $501.00. From A7310.2 Youth Program Equipment the amount of $1,370.00 to A7310.4 Youth Program Contractual, also From A7310.1 Youth Program, Personal to youth Program, Contractual the amount of $1,362.00 thereby increasing A7310.4 to $5,582.00 and decreasing A7310.2 to $130.00 A7310. 1 to $14,888.00 r Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes: None RESOLUTION TO APPROPRIATE GENERAL TOWN FUND SURPLUS FUNDS RESOLUTION NO. 232, introduced by Mr. Lloyd Demboski who moved its adoption, seconded by Mr. Gordon Streeter. WHEREAS, there are surplus funds in the General Town Fund in the amount of $100,000.00 deposited in the Glens Falls National Bank and Trust under a certificate of deposit No. 911501, be it RESOLVED, that this sum be appropriated to a Capital Reserve Fund upon its due date of January 13, 1973. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes: None Mr. Solomon announced that the Transmission, Lines and Filtration Plant Public Hearings will be held some time in January. RESOLUTION TO PURCHASE SITE ON COUNTY LINE ROAD FOR STORAGE TANK AREA RESOLUTION NO. 233, this resolution is not available at this time, but will be forth coming from Attorney Harold Katz, and will be found on page The Dog Warden application will be decided by the new Town Board, reported Mr. Solomon. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 234, introduced by Mr. Lloyd Demboski who moved its adoption seconded by Mr. Robert Barber. RESOLVED, that the Audit of Bills as listed on Abstract 72-12A numbered 1614 through 1637, totaling $2,728.40 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes: None RESOLUTION TO AMEND APPROPRIATIONS IN THE QUEENSBURY AND SOUTH QUEENSBURY WATER DISTRICTS RESOLUTION'NO. 235, introduced by Mr.Gerald 'B. Solomon who moved its adoption, seconded by Mr. Harold Robillard. WHEREAS, due to unanticipated expense in the Queensbury Water District it was deemed necessary to issue a budget note in the amount of $25,000.00 such money to be appropriated as follows: SW1 8320. 1 $ 17,062.00 SW1 8320.4 7,938.00 and be it further RESOLVED, to transfer $5 ,055. 19 from SW1 8340.1 to SW1 8320.4 contractual 55.42 from SW1 8340.1 to SW1 9040.8 compensation 604.66 from SW1 8430.1 to SWl 9060.8 hospitaliza- tion and be it further RESOLVED, to appropriate to South Queensbury Water SW2 8320.4 - $9,322.00 from unappropriated surplus funds. X68 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter Mr. Solomon Noes: None RESOLUTION TO APPROPRIATE AND TRANSFER FUNDS IN THE HIGHWAY ACCOUNT RESOLUTION NO. 236, introduced by Mr. Gerald B. Solomon who moved its adoption, seconded by Mr. Harold Robillard. WHEREAS, there remain unappropriated surplus funds within the highway account be it RESOLVED, that the following- transfers and appropriations be made TRANSFER DE IMPROVEMENT MEADOWBROOK $280.00 from DE5150.4 Contractual to DE5150.1 Personal 3 decreasing DE5150.4 from• $4,000.00 to $3 ,720.00 and in- creasing DE5150.1 to $3,137.00 DE INPROVEMENT PICKLEHILL $880.00 from DE5151.4 contractual to DE5151.1 Personal thereby increasing DE5151.1 to $10,793.00 and decreasing DE5151.4 Contractual to $12 ,620.00 DE INPROVEMENT SUNSET TRAIL $202.00 from DE5152.4 Contractual to DE5152.1 Personal, thereby increasing DE5152.1 from $1,028.00 to $1,230.00 and decreasing DE5152.4 from $1,400.00 to $1,198.00, also trans- fer for payment of machine hire to Item III DM5130 .4 from the following: $238.14 from DE5153.4 $474.93 from DE5152.4 $4,000.00 from DE5151.4 thereby increasing DM5130.4 by a total of $4,713.07 to $28,122.32 be it further RESOLVED, to transfer unappropriated surplus funds in Item IV in the amount of $1,174.26 to Item III DM5130.4 $1,168. 27 increasing to $29,290.59 DM9030.8 $ 4.68 increasing to $ 645.86 DM9040.8 1.31 increasing to 436.74 _ and be it further RESOLVED, to transfer from within Item III to DM5130.4 Contractual the following From DM5130. 1 $ 123. 12 decreasing DM5130.1 to $12,207.29 DM5130. 2 4$ 64. 78 decreasing DM5130. 2 to 52635.22 DM9010.8 168.47 decreasing DM9010.8 to 900.00 DM9060.8 151.45 decreasing DM9060.8 to 473.54 DM9730. 7 178.52 decreasing DM9730. 7 to 22817.63 DM9740. 7 10.59 decreasing DM9740.7 to 1,421.67 also appropriated $662.55 in unappropriated funds to DM5130.4 thereby in- creasing DM5130.4 to $34,950.07 and be it further RESOLVED, that the sum of $448. 76 and $60 .21,,be transferred fvom Item IV DS9030.8 and DS9060.8 decreasing DS9030.8 to $2,463. 24 DS9060.8 to $1,263.90 and increasing DM5130.4 to $35 ,459.04. also be it RESOLVED, to transfer the unexpended balance of $6 ,574.83 from Item IV to Item I from DS5140.4 $ 238,40 decreasing to $ 761.60 DS5142.1 3,761.43- decreasing to 47,118.57 DS5142.4 2 ,323.02 decreasing to 129676.98 DS9010.8 251.98 decreasing to 12725.00 appropriating $2,982. 14 to DR5110. 1 increasing DR5110.1 to $69,505.82 $3 ,592.69 and unappropriated surplus of $465.49 to DR5110.4 increasing DR5110.4 to $39 ,558.18. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr.Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes: None