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1970-11-19 SP Special Meeting November 19, 1970 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Attorney Harold Katz was not present. The meeting was called to order at 8:00 P.M.with the salute to the flag. The following visitors were greeted by the Supervisor: Mrs. Larry Harris Donald E. Devlin Henry Harris Edward Waters George Jameson Michael J. O'Connor Patricia Jameson Robert Usher Mr. & Mrs. Hugh Dever Thomas McCormack R. L. Carruthers Thomas Murphy Mrs. James Carlaw, L.W.V. John J. Canavan Thomas C. White Frank Walter Conrad Kaczmarek Joseph Mehaldino The public hearing on the application of Harry J. Harris to locate a Mobile Home off Ridge Road near Picky Hill Road, Town of Queens- bury was declared open at 8:01 P.M. Proof of publication was presented by the clerk. Mrs. Larry Harris and Henry Harris, her father-in-law, were present. No one spoke in favor of or in opposition to the application. The hearing was closed at 8:04 P.M. The public hearing on the application of Edward Banta to locate a Mobile Home on 48 Cronin Road , Town of Queensbury was declared open at 8:04 P.M. Proof of publication was presented by the clerk. Mr. Edward Banta was not present. Mr. George Jameson spoke stating that he was not necessarily against the application but asked why Mr. Banta could not use the present building which was located on the property. The hearing was closed at 8:07 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION No. 253, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Larry J. Harris of Star Route, Glens Falls, N.Y. 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 out- side of a duly licensed mobile home court at property situated off Ridge Road near Pickle Hill Road, 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, for the following reasons: There were no persons in appearance in opposition to the granting of the permit, there was sufficient hardship shown, and the application had the approval of the Building Inspector, there- fore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Larry J. Harris of Star Route, Glens Falls, N.Y. to locate a mobile home outside of a licensed mobile home court at property situated {off Ridge Road near Pickle Hill Road, Town of Queensbury, and that the Town Clerk is hereby authorized and directed to issue such permit in accord- ance with the terms and conditions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robertson and Mr. Solomon Noes : Mr. Robillard The application of Edward Banta was tabled in order for the Town Board to investigate the existing building that Mr. George Jameson mentioned during the public hearing on Banta' s application. The application of Hugh C. Dever to locate a mobile home on Connecti- cut Avenue, Town of Queensbury was tabled until the next meeting in order for the Town Board to have time to visit the site. The following report on unpaid water rents was read by the clerk: REPORT TO THE TOWN BOARD REGARDING UNPAID WATER RENTS IN THE SEVERAL WATER DISTRICTS FOR THE PERIOD 11/1/69- 10/31/70 Following is a report of unpaid water rents in the several water districts of the Town of Queensbury for the period beginning 11/1/69 and ending 10/31/70. These unpaid water rents have been filed in the office of the Town Clerk and the unpaid items have been returned to be relayed on the 1971 Town Tax bills and Assessment Roll a DISTRICT TOTAL UNPAID PENALTY TOTAL AMOUNT WATER RENT 10% RELAYED South Queensbury Water District $ 169. 23 $ 17.05 $ 186.28 Queensbury Water District 19214.40 121. 72 19336. 12 Queensbury Water District Meters 818. 14 81.89 900.00 West Glens Falls Water District 264.60 26.46 291.06 Shore Colony Water District 34.50 3.45 37.95 Respectfully submitted Gerald B. Solomon Supervisor The following report was read by the clerk regarding the Settlement of Water Rents: 81 TOWN OF QUEENSBURY . SETTLEMENT OF WATER RENTS Feb. 1. 1970 - October 31, 1970 TOTAL TO BE COLLECTED AND DISTRICT COLLECTED PAID SUPERVISOR UNPAID Queensbury Flat Rated Customers $3231864.40 $329230.75 $633.65 West Glens Falls Flat Rated Customers 29261. 70 29114. 70 147.00 West Glens Falls Metered Customers 187.96 187.96 ------ Queens. Metered Customers May ' 70 29684. 18 29385.34 298.84 So. Queensbury May ' 70 69231.31 69199.81 31.50 Shore Colony 690.00 655.50 34.50 Queens. Metered Customers Feb. ' 70 29618. 12 29442.31 175.81 So. Queens. Feb. ' 70 69468.25 6,430.89 37.36 Queens. Residential Deters Aug. ' 70 262.97 262.97 ------ So. Queens. Aug. ' 70 7,369.64 7,307.85 61. 79 Queens. Metered Customers Aug. ' 70 49547. 17 43,338.07 209. 10 The amounts were verified Respectfully submitted, by Water Supt. but no Betty Eggleston resolutions were adopted. Receiver of Taxes & Assessments Nov. 19, 1970 Highway Report for the Month of October 1970 placed on file. The Monthly Statement of Supervisor for the month of October 1970 was placed on file showing total receipts of $51,703. 18 and total disbursements of $132,981.41. On recommendation of Thomas K. Flaherty, Water Superintendent, a water line easement on property purchased by Hercules was abandoned as no further use to the town. The easement related to the Hudson Falls water system which has been superseded in the area by the town system. This resolution will be prepared by Attorney Harold Katz and will be presented at the next meeting. RESOLUTION TO NAME MEMBERS TO JOINT MUNICIPAL SURVEY COMMITTEE RESOLUTION No. 254, introduced by Mr. Robillard, who moved its adoption, seconded by Mr: Austin. WHEREAS, this Resolution provided for the appointment of three (3) members from the Town of Queensbury to serve on this committee, now therefore be it RESOLVED, that Robert P. Larson, Rodney J. Faubel, and Michael Carusone, residents of the Town of Queensbury, are hereby appointed to serve on this committee, and be it further RESOLVED, that their terms shall be concurrent with the duration of the agreement as set forth in Resolution No. 194. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION TO NAME MEMBER TO THE TOWN OF QUEENSBURY NARCOTIC GUIDANCE COUNCIL RESOLUTION No. 255, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robertson. WHEREAS, their exists a vacancy on the Town of Queensbury Narcotic Guidance Council due to the resignation of Dr. Byron Howe, therefore be it RESOLVED, that Dr. William H. Clements of 9 Reservoir Drive, Town of Queensbury, be and hereby is appointed to fill the unexpired term of Dr. Byron Howe, said term to expire June 12, 1972. Duly adopted by the following vote: ' Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None Councilman Demboski expressed apprecation to Dr. Howe for his fine work on the Narcotic Guidance Council. Supervisor Solomon commented that Dr. Clements is associated with the Mental Health Clinic which works closely with narcotics control. RESOLUTION TO APPROPRIATE SURPLUS FUNDS IN THE HIGHWAY ACCOUNT RESOLUTION No. 256 , introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robertson. WHEREAS, there now exists certain unappropriated surplus funds in Item I and Item III of the Highway Account, therefore be it RESOLVED, that the sum of $1895.92 in Item I be appropriated to Item I, General Repairs, thereby increasing the appropriation for Item I from $138,475.83 to $140,371. 75, and be it further RESOLVED, that the sum of $5362.44 in Item III, be appropriated as follows: $50.00 to Indebtedness, thereby increasing Item III Indebtedness from $41,020.00 to $41,070.00; the sum of $5312.44 to Item III Repair increasing that Item from $19,477.61 to $24,790.05. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None Supervisor Solomon stated that the Planning Board had recommended adoption of the state building code and an ordinance that would enable the town to require removal of unsafe structures. He said that we now have a full-time building inspector and a full-time zoning enforcement officer and should now be able to enforce these standards. RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE OF THE TOWN OF QUEENSBURY PROVIDING FOR THE ENFORCEMENT OF THE STATE BUILDING CONSTRUCTION CODE RESOLUTION No.,257, introduced by Mr. Robertson, seconded by Mr. Austin. RESOLVED, that a public hearing be held on the following ordinance on the 10th day of December 1970 at 8;00 P.M. at the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, N.Y. and that the Town Clerk give notice of such hearing by publication of a Notice thereof in the Glens Falls Post Star and the Glens Falls Times once at least ten days prior to the date specified for such hearing specifying the time when and the place where such hearing will be held and in general terms describing said proposed ordinance. 3AA ORDINANCE OF THE TOWN OF QUEENSBURY PROVIDING FOR THE ENFORCEMENT OF THE STATE BUILDING CONSTRUCTION CODE. Section 1 . Legisia.tive Intent The purpose and intent of this ordinance is to provide for the enforcemeht of the State Building Construction Code to be adopted and to become effective simultaneously herewith. Section 2. Duties and Powers of Building Insne, ctor Subdivision (a) . Except as otherwise specifically provided by law, the Building Inspector of the Town of Queensbury and his deputies and assistants shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein, and the regulation, use, occupancy and maintenance thereof. Subdivision (b) . He shall receive applications and issue permits for the construction, alteration, removal and demolition of buildings or structures or parts thereof and stall examine the premises for which such applications have been received or such permits have been- issued for the purpose of insaring compliance with laws, ordinances and regulations governing building construction. _{ 'b".,7"h•{79??,'.�'" '1'?,i ,�'�'S'"k:�P.?";'A.,s'? ,�'�•,tP,!at'' Yy ';5+r"r _ f?��,,•�i77 w.v 77. 3a(3 Subdivision (c) . He shall issue all appropriate notices or orders to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinance and regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept reports of inspection from his assistants and other employees of the Building Department. Subdivision (d) . 1Ahenever -the same may be necessary or appropriate to assure compliance with the provisions of applicable laws ordinances and regulations governing building construction, he may require the performance of tests in the field by experienced persons or by accredited and authoritative testing laboratories or agencies. Section Department Records and Reports. The Building Inspector shall keep permanent official records of all transactions and activities conducted by him including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours. Seq_fii,on 4. Application for Building Permits Subdivision (a) . No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure, -2- ,,-- .s:_M Nr+€ ;'7+.,,,.r.+rtnzrrpw!�,air•+t�»«,""yar•92#S'ra;'?!,p�n.-.;•rrre ,.-.ter+ c„-:..x,, t •.r..Tr`Y!e' at a,y w..;«:i8,y,«-,aw7s' M""s+. F.xN'"'.:!efi+y.•mas,at,+ N^.-,,.:w+w nn ar;+t:�wN+p+�:•;an 3,-1- C-- or cause the same to be done, without first obtaining a a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs. which are not structural in nature. Subdivision (b) . Application for a building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information: (1) A description of the land on which the proposed work is to be done; (2) A statement -of the use or occupancy of all parts of the land and the proposed building or structure; (3) The valuation of the proposed work; (4) The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations; (5) A brief description of the nature of the proposed work; (6) A duplicate set of plans and specifications as set forth in subdivision (c) of this section; and (7) Such other information as may reasonable be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application `r+.,. eRnw.�w.±Mm 2':a nre'.x iN'in7'^ply..•oar,TA^6'sw.+a+x',pn tmH.,'C'eMg.r.*o.utw^m>'Y..x 4,.,.+,>.'V+m w aw.,....n ^!.a,tp. ,..; .,:. q......,;,y. r .:;•.. .`"T'.tH:' 'n.,S^S`....: m ma.'..0-m G _ .. Subdivision (c) . Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Building Inspector details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings and where required by Section 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Building Inspector may waive the requirements for filing plans and specifications for minor alterations. Subdivision (d) . Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Inspector prior to the commencement of such change of work. Section 5. Fees Subdivision (a) . Upon the filing of -an application for a building permit, the following fees shall be payable t x When the cost of the work to be done under the permit, as estimated by the Building Inspector, does not exceed the sum of $500, the fee shall be 2; when the estimated cost exceeds $500, the fee shall be $6 plus $2 for each additional thousand or fraction thereof in excess of $3,000, except that the maximum fee that shall be required, regardless of the cost of the work to be done, shall be $500. Section 6. Issuange of Building Permit or Disapproval of Application Subdivision (a) The Building Inspector shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved". One set of such approved plans and specifications shall be retained in the files of the Building Department and the other set shall be returned to the applicant together with the building permit and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times. If the application together with plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the �. -5- ...,_ xar.,., rwnwp-.:w, f.,,.,n„�.-�nvm-max a* ,:�„n+,rY.-.m,�• �.n�^-, ,. ..r > .9 i�.;.. -•,�- �n-s� .�,»,� t.+»'t,�.�^: yen applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, .the Build- ing Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. Sgction 7. Performance of Work Under Building Permit Subdivision (a) . A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each. Subdivision (b) . The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulation$. All work shall conform to the approved application, plans and specifications. Subdivision (c) . Building permits shall be prominently displayed on the job-site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares. Soctj on 8. Revogation of Building, Permit The Building Inspector may revoke a building permit theretofore issued in the following instances: (a) Where he finds that there has been any false. state- ment or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based; (b) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the pro- visions of the application, plans or specifications; or (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official. Section 9. Stop Orders Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws:. ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forth- with stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of --�.renwaq-M9; .'v^,iR°tA 7+,Ar,^,!,, .....�Mi 4 ,. ..•. _ .....,.. �erP :?M.wf war.'"!+!7Nr.P.msse 'C?F"?7"ia.;.w,ry i+Yi' ..ran y•M+'r.: ._ ' :"'. yyro�gL"•�F�{ +;X'ae'p� u,k.m;:.w•,,,,. tra_. -3a the building under construction and sending a copy of the t 1. same by registered mail. Section 10. Rig of Entry The Building Inspector and assistants, upon the show- ing of proper credentials and in the discharge of their duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. Section-11, Certificate-Of -Occupancy Subdivision (a) . No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. • Subdivision (b) . No building hereafter enlarged, ex- tended or altered, or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector. Subdivision (c) . No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. Subdivision (d) . The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector �I t -8- ...ynwr. > E .,.. _. ,•,. - w+^x,.:a!I?x ,C"%'°P'g?'�.x�r., ,.. ,. ?fps w�'6,.,«N0 5.5d, °t^wlre.+�w^�.-M!4o»^r, rc.<nr ., an affidavit of the registered architect or licensed -pro- fessional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the Super- intendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. Section 12, Inspection Prior to Issuance of Certificate Before issuing a certificate of occupancy, the Build- ing Inspector shall examine or cause to be examined all build- ings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time •to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Building Department a record of all such examinations and inspections together with a record of findings of violations of the law. Section 11. Issuance of Certificate of Occupancy Subdivision (a) . When, after final inspection, it is :..,,.,..rrn,.^.».+amt*pRwn"'a,"'yam,... :.,... • .. .. -. :a?tmS.am?wr.;'.r.. ,,, ,,a,rngnct°.r h"ynMUt !«", as,.!a,.,ar+ :':.:,«..xa..,'° 'f�,.•,..3 =r'z's;:vau„ e .,,,,,�, xP.«s.,w N. ,.,... 3XI found that the proposed work has been completed in accordance - with the applicable building laws, ordinances and regulations ; and also in accordance with the application, plans and specifi- cations filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it' is-..found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations. Subdivision (b) . A certificate of occupancy shall be issued, where appropriate, within 30 days after application ' therefore is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as through a certificate of occupancy had been issued. Subdivision (c) . The certificate of occupancy shall certify that the work has been completed, and that the proposed use and occupancy is in conformity with the pro- visions of the applicable building laws, ordinances and re- gulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. Section 11+. Temporary Certificate of Occupancy Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building �p permit shall have been completed provided such portion or -10- ..:wa»..p..+^,.y„�wr,..�..�.y..„.'^;^.'"M. .. .,,, ,:, ,.„ ... .. ,.. ww.�.rxsesa 'm#"s^ y^"Fl^.'y,,yam.y+!a'.�udns.v?+rr.*.e�.rr •N�??R'�*a,±c„"�M's .x"w°.t*or • aw.. i'ew-•rreu.r7nx. 1 t 3�L portions as have been .completed may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Inspector may allow a maximum of, two extensions for periods not exceeding three months each. Section 15, Tests Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be. subdected to tests in order to furnish proof of such compliance. Section 1F. Penalties for Violation In accordance with Section 385 'of Article 18 of the Executive Law of the State of New York: (a) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, ,remove, demolish, equip, use, occupy or- maintain any building or structure or portion thereof in violation of any provision of law or rule promulgated• by the Building Department in accordance with applicable laws, or to fail in any -manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. .. ,pw srnrM ww..;z.,+r�,:g .:! ,^•uq gyy�r^s*±e^rr*" "< ;._,:,,.r ,.,,,,,,,...r ,,r.,., 3aL 6 (b) Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction .or use of any building who shall knowingly violate any of the applicable provisions of law, or any law- ful order, notice, directive, permit or ,certif icate of the Building Inspector made thereunder shall be punishable by a fine of not to exceed $50.00, or imprisonment of not to exceed 30 days, or both. Each day that a violation continues shall be deemed a separate offense. (c) Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment 4 imposed therefor shall not- be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Section 1�7. Abatement of Vi oft,' o;a Appropriate actions and proceedings may be taken at law or in equity- to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises and these remedies shall be in addition to penalties otherwise pre- scribed by law. t -12- 3 M Section 18 (� This ordinance shall take effect ten days after publication and ostin p g as provided by Section 133 of the Town Law. Section 19. _Reveal of Present Building Ordinance The building ordinance of the Town of Queensbury duly adopted by the Town Board of the Town and effective July 1st, 1964, together with any amendments thereto, is hereby repealed, the said repeal to become effective at the same time that this ordinance and the State Building Construction Code shall become effective. 1 t The foregoing Resolution was duly adopted by the Town Board on the 19th day of November, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED UNSAFE BUILDINGS AND COLLAPSED STRUCTURES ORDINANCE OF THE TOWN OF QUEENSBURYT' RESOLUTION No. 258, introduced by Mr. Robillard, seconded by Mr. Robertson. f j RESOLVED, that a public hearing be held on the following ordinance U on the 10th day of December 1970 at 8:15 P.M. at the Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls, N.Y. and that the Town Clerk give notice of such hearing by publication of a notice thereof in the Glens Falls Post Star and the Glens Falls Times as least once ten days prior to the date specified for such hearing specifying the time when .and the place where such hearing will be held and in general terms describing said proposed ordinance. UNSAFE BUILDINGS AND COLLAPSED STRUCTURES, ORDINANCE OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 130, SUBDIVISION 16, OF THE TOWN LAW OF THE STATE OF NEW YORK. Sec. 1--This ordinance shall be known as the "Unsafe Buildings and Collapsed Structures Ordinance of the Town of Queensbury". Sec. 2--When in the opinion of the official appointed by the Town Board of the Town of Queensbury for the purposes of enforcing this ordinance any structure located therein shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and report in writing to the Town Board of the Town of Queensbury his findings and recommendation in regard to its re- moval or repair. Sec. 3--The said Town Board shall thereafter consider this said report and by resolution determine if in its opinion the report so warrants, that the said structure or building is un- safe and dangerous and order its removal or repair if the same can be safely repaired, and further order that a notice shall be given to the following persons or corporations and in the manner herein provided. Sec. 4-- NOTICE--The notice shall contain the following: (a) A description of the premises. (b) A statement of the particulars in which the building or structure is unsafe or dangerous. (c) An order requiring the same to be made safe and secure or removed. (d) That the securing or removal of the said buildings or structures shall commence within thirty (30) days of the serving of the notice and shall be completed with- in sixty (60) days thereafter. - (e) That in the event of neglect or refusal of the persons and / or corporations served with the notice to comply with the same, a survey of the premises will be made by an inspector and architect to be named by the Town Board, and a practical builder, engineer or architect appointed by the said persons or corporations so noti- fied. (f) That in the event of the refusal or neglect of the persons or corporations so notified to appoint a surveyor the two surveyors named by the Town Board shall make the survey and report. (g) That in the event the buildings or other structures �S shall be reported unsafe or dangerous under such survey an application will be made at a special term of the supreme court in the judicial dis- trict in which the property is located for an order determining the building or .other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. (h) That the land on which said buildings or structures are located will be assessed for all costs And ex- penses incurred by the Town in connection with the proceedings to -remove or secure, °including the cost of actually removing said building or structure. Sec. 5--Service of Notice. The said notice shall be served in the following -manner: (a) By personal service of a copy thereof upon the owner or some one of the owners, executors, legal representa- tives, agents lessees, or any other persons having a vested or continued interest in the premises as shown by the last preceding completed assessment roll of the said Town; or if no such person can be reasonably found, by mailing such owner by registered mail a copy of such notice directed to his last known ad- ' dress; (b) And by personal service of a copy of such notice upon any adult person residing in -or occupying said pre- mises; or if no such person can be reasonably found, by securely affixing a copy of such notice upon the building or structure. Sec. 6--In the event of the neglect or refusal of the persons so notified to comply with said- order of the Town Board, a survey of said premises shall be made in the following manner: (a) The Town Board shall appoint an inspector and archi- tect, and the persons so notified shall appoint a j practical builder, engineer or architect who shall make the said survey and submit a written report thereon in regard to the unsafe or dangerous condi- tion of said building or structure. If the persons so notified shall refuse br neglect to appoint a surveyor within thirty (30) days after service of the notice, the two surveyors appointed by the Town Board shall proceed and report. (b) A signed copy of such report shall be posted on the said structure. Sec. 7--In the event the building or other structure shall be reported unsafe or dangerous under such survey, the Town Board may pass a resolution directing the supervisor of the Town to make an application at a Special Term of the Supreme Court of the State of New York in the Judicial District in which the property is lo- cated, for an order determing the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. Sec. 8--All costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure shall be assessed against the land on which said buildings or struct- ures are located. Sec. 9--The said surveyors shall be paid reasonable compen- sation for the service performed by them in making their survey and in preparing the report thereof. Sec. 10--This ordinance shall take effect ten days after publication and posting or immediately upon personal service as provided by section 133 of the Town Law. A5 The foregoing Resolution was duly adopted by the Town Board on the. ,19th day of November, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Supervisor Solomon warned against unlicensed solicitors reported recently in the Town of Queensbury. He .said no out-of-town licitors would be given a license as the Town had no way of checking on their legitimacy. The meeting was opened to the public. Mr. Michael O'Connor representing Finch Pruyn Sales Inc. appeared to offer the town a deed to the proposed road which would connect Sherwood Drive- Moorwood Drive loop with John Clendon Road to provide access to a projected residential development. He said Finch Pruyn Sales would like to continue, on the parcel of land through which it passes, the type of quality development it has pursued in that area. Supervisor Solomon announced the board' s consensus that the proposal be referred to the Planning Board for their recom- mendation. He explained that the acceptance of roads into the town highway system is in the province of the Town Board but in this case where the road is related to a subdivision development which is subject to Planning Board jurisdiction he felt the en- tire matter should be referred to the Planning Board. Mr. O'Connor expressed hope that decision on the road could be reached inde- pendently of approval of detailed plans for the subdivision. Mr. Thomas Murphy who said he was acting as a citizen of the area objected to the road because of the increased traffic condition it would create. He said he did not object to Finch Pruyn de- veloping the area but did object to the proposed road and sug- gested that another route be found for the road. He said if the road went through "we're going to have another Aviation Road". Mr. Murphy felt that the maps were misleading because they did not show the whole area of proposed development. Mr. Murphy `— charged Finch Pruyn with coercing residents of the area into compliance by threatening a low-cost housing developmentaas an alternative. Mr. O'Connor said coercion was not intended but if the company is forced to develop another access road it may not be feasible to plan a subdivision of $40,000 houses. Dr. Canavan, speaking of the high concentration of small children in Westland, warned of the dangers of "an ar`t erial running through the playground these youngsters have established for themselves" and thought some other location should be found for the road. Mr. Conrad Kaczmarek also criticized the pro- posed route for the road. Frank Walter, Thomas White and Robert Carruthers also spoke in oppostion to the road and asked questions about the Planning Board procedures. Super- visor Solomon told them the Planning Board meetings were open to the public and he suggestect t t e check to see if this matter would be on their/d&89 e 0Yn Ling. Mr. O'Connor offered to arrange a meeting between Finch Pruyn .and the West- land residents to discuss all aspects of the plan. The meeting was closed to the public. Councilman Austin made three brief statements. He asked the public cooperation in the installation of speed limit signs mandated by the state. Some complaints have been received as to the location of the signs and he wished to remind everyone that they were for the well-being of all, particularly children. He said queries had also been received about the change in hours at the landfill. The hours now coincide with the hours main- tained by the City of Glens Falls. He asked the board to con- sider, after the first of the year, comprehensive regulations that would make the Queensbury site available to Queensbury residents every day of the week. Finally, he reviewed the hearing held earlier in the day by the Warren County Board of Supervisors on installation of the Instrument Landing Sys- tem at Warren County Airport and extension of the north-south runway. Reporting that opinion favored the ILS but was less than unanimous on the runway extension,. he urged Supervisor Solomon to keep them informed -as to the progress of plans: RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 259, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. RESOLVED, that the Audit of Bills as listed in Abstract 70 llA numbered #2164 through #2291 inclusive and totaling $18,770.7. 9 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: Hone On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk Special Meeting November 25, 1970 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Attorney Harold Katz was not present. The meeting was called to order at 4:00 P.M. i The meeting was opened to the public. Attorney Henry Metzner �1 representing U. S. Catheter and Instrument Corporation presented the Town Board with a petition requesting the rezoning of property on Bay Road known as the William Aronson farm from an R-4, resi- dential:, to an M-1, manufacturing, classification. The property is desired as a site for a new and larger plant. The property under option is a tract of 82.5 acres on the east side of Bay Road im- mediately north of the Bay Meadows Golf Club. Mr. Metzner told the board that the company had looked at other M-1 areas in the town and had found them unsuitable for its operations. He said U. S. Catheter must find a new location because it has outgrown its present facilities on Bay Road and there is no room for ex- pansion at that site. Mr. Metzner said that if the rezoning were to be approved, the company would build a modern manufacturing facility in harmony with the surrounding area which includes a residential 'development. Mr. Metzner introduced Mr. Carl Wilk, chief engineer for U. S. Catheter, who he said would be glad to answer any questions the Board might have. Supervisor Solomon told the company representatives that -the board would refer the petition to the Town Planning Board in the hope that the matter would be placed on the agenda of its December 2nd meeting. Building and Zoning Report for October 1970 placed on file. RESOLUTION REGARDING PUBLIC OFFICIAL BOND RESOLUTION No. 260, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Austin. RESOLVED, that bonds of the following town officers of the Town of Queensbury are hereby approved as to form, amount, sufficiency of surety and manner of execution, as follows: NUMBER SURETY ` PRINCIPAL AMOUNT 09-30-61 Glens Falls Insurance Co. J. David Little $4,000. and be it further