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1970-05-14 426B Regular Meeting May 14,. 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 also present. —+ The meeting was called to order at 8:00 P.M. The following visitors were greeted by the Supervisor: Irving Dean - Post Star Alan West, visitor John Dumas - WWSC Clarence Conklin, visitor Robert J. Nolan - Ski & Shore Mr. & Mrs. John Callahan, visitors Albert Trudel - Ski & Shore Mae Clarke, visitor Thomas Flaherty - Water Super. Virginia Ogden, visitor Dr. & Mrs. Lester Huested, visitors Mrs. Lynch Linke, visitor W. Joseph McPhillips, visitor Mr. & Mrs. Clifford Lewis, visitors Mrs. Lynn LaBarge, visitor Roger Ryan, visitor John Bowman, visitor Gardiner Bridge, visitor Dr. Herbert Bartholomew,visitor Mr. & Mrs. Walter Robinson,visitors Mr. & Mrs. Gilbert Mellon, visitor Mr. Walter T. Robinson,visitor Dr. Hughes, visitor Mr. & Mrs. Edwin Bell,visitors Tony Forcucci, visitor Mr. David Reichenbach,visitor Mr. & Mrs. Dan Olsen, visitors Roy Washburn, visitor Mr. & Mrs. Robert Prough. visitors William Tichenor,visitor Mr. & Mrs. Robert Hoover, visitors Mrs. Carlow, LOWV Edward Waters, Dog Warden Mrs. Burkich, LOWV Dan Olsen, Jr. , visitor Pliney;-Tucker, visitor Robert Barber, visitor Rodney Faubel, visitor The application to locate a mobile home outside a mobile home court of James P. Webb was withdrawn at his request. The public hearing on the application of Eileen Thorpe for a permit to locate a Mobile Home on Sunset Avenue was declared open at this time. Proof of publication was presented and read aloud by the clerk. Mr. Eli Thorpe was present. No one spoke in favor of or against the application.. Councilman Robertson suggested that a one year permit be granted and if at the end of one year the lot is in good condition and an improvement over the area that exists there now the permit be made permanent. Public hearing closed. RESOLUTION TO AUTHORZZE 'TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 120, Introduced by Mr. Robertson, seconded by Mr. Austin. WHEREAS, Eileen Thorpe of Sunset Avenue, Town of Queensbury, N-.Y. has made application in accordance with paragraph 2 (b.) 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 of a duly licensed mobile home court at property situated Sunset Avenue, 100 feet south of Nathan Street, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in said ------------- 427 application 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 ordinance, temporary permission is hereby given to Eileen Thorpe of Sunset Avenue, Town of Queensbury to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at Sunset Avenue, Town of Queensbury, and that the Town Clerk is hereby authorized and directed to issue such:.permit in accordance with the terms and conditions of said ordinance. If at the end of one year the lot is in good condition and an improvement over the area that exists there now, a permanent permit would be given. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 121, Introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Demboski. WHEREAS, Mr. and Mrs. Clifford T. Reed of 6 Richardson Street, West Glens Falls, N.Y. have made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queens- bury 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 of a duly licensed mobile home court at property situated at the end two lots on the east side of Pinello Road, Town of Queensberry, New York, 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 ordinance, the town board shall conduct a public hearing on said application on May 28, 1970 at 8:00 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. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None The application to locate a mobile home outside a mobile home court for Richard E. Kilmartin, R.D. 19 Bay Road, Lake George, N.Y. was tabled until the May 28th meeting. The application to locate a mobile home outside a mobile home court for Stephen Granger, RFD #3, Howard Street, Glens Falls, N.Y. was tabled until the May 28th meeting. y The following letter was read by the Supervisor. 4.28 New York State Department of Transportation 1220 Washington Ave. , State Campus, Albany, N.Y. 12226 May 4, 1970 File 180-52-8 Case No. 700892 G Warren County Town Board Town of Queensbury Warren County Gentlemen: This refers to your letter of April 24 concerning area speed limits in the Town of Queensbury. Enclosed with this letter are Notices of Action and completion notices stating orders for the area speed limits and a linear speed limit on Luzerne Road. In addition, a 25 MPH speed limit on Clever- dale Road is being repealed. All orders are effective upon completion of the required posting to co.n form with the State Manual of Uniform Traffic Control Devices. When the orders are properly posted, please sign a completion notice pertaining to each order and .return them to this office. This is required so the orders may be published by the Secretary of State's office. Sincerely yours, EDMUND J. BURKE, Acting Director Traffic Engineering and Safety By Ellis Metzner CC: Warren Co. Supt. of Highways Councilman John Austin, chairman of the town traffic safety committee, said the general areas involved were South Queensbury, Cleverdale, Kattskill Bay, the large residential area around the city including t West Glens Falls, Broadacres, the Westland area off both sides of Aviation Road, Western Park, Sunnyside and Glen Lake. He said de- tailed listings of the roads involved "must necessarily be posted by the town". He indicated that Sunnyside and Glen Lake areas were not anticipated for approval and their inclusion in the state's letter came as a surprise. The Supervisor's Report for April showing total receipts of $94,144.13 and total disbursements of $141,995.75 was placed on file. The Building Inspector' s Report for April was placed on file. The Town Clerk' s Report for April was placed on -file. The Town Justice' s Report for the quarter ending March 31, 1970 was placed on file. The Highway Report for the month of April was placed on file. 429 The following memorandum from LeRoy Phillips of the Building and Zoning Department was read by Supervisor Solomon. TO: Queensbury Town Board ATTN: Supervisor Solomon FROM: Building and Zoning Department -R. Phillips In reference to complaint dated April 23, 1970, attached hereto, please be advised that on April 29, 1970, I talked to a Jeanne Fowler, Co-Manager of Lake George Travel Trailer Park on Farm- To-Market Road. Mrs. Fowler assured me that the condition of last year would not prevail this season and more discreet use of their loud speaker would be in practice and used only in case of emergencies. LeRoy Phillips Supervisor Solomon suggested that at the next meeting the matter of the amount to be charged for various fees be discussed. The meeting was opened to the public. Dr. Lester C. Huested, a spokesman for the group of citizens opposing plans for the 19- acre tract of land owned by Ski and Shore Corporation on which they wish to construct a motel-restaurant-gas station complex, offered the board a petition, which he said contained signatures of 142 persons. Dr. Huested termed the venture proposed for the - site, "an island of commercialism in a residential area", pointing out that other property in that sector of town was zoned residential. He also cited the possibility of pollution from the envisaged busi- nesses to Rush Pond and the deep pond well of the town. "We speak with feeling for this area of the town", he said. He said the land in question "ought more properly be a park than a garage and motel. To litter up the ground with debris. . . . to light up the trees with lights rather than the noon, to have canned music coming out rather than the owls and whippoorwills is simply incongruous", said Dr. Huested. Robert J. Nolan, who with Albert Trudel and Thomas Meath owns Ski and Shore, spoke in response to Dr. Huested' s comments. He pointed to a survey conducted by an Albany firm which indicates that there would be no pollution to Rush Pond, and he said Daniel V. Cotter, district sanitary engineer of the State of New York Heath Department, had indicated the state would approve the project. Mr. Nolan also pointed out that the land in contention doesborder on other commercial property, separated only by the Northway. He noted the tremendous local effort which preceded the .construction of Interstate 87, the Northway, through Warren County, and comamented, "it' s a bit incongruous to me that after doing this that you don't let Route 87 be serviced by the normal services for an interstate highway". He pointed out, "You don't have a forest primeval along an interstate highway". He noted that Rush Pond is seven-tenths of a mile from the apex of Ski and Shore' s property, adding "The proposed plans do not in any way portend to contaminate Rush Pond. " Mr. Nolan observed, "I have as big a stake in Glen Lake, perhaps a bigger one, than anyone in this room," pointing to his summer home there and the 75 acres he owns in that sector which he plans to de- velop for residential use.. Several residents of Glen Lake spoke in opposition to the plans, citing the possibility of nutrients and phosphates seeping through soil and despoiling the water. Super- visor Solomon qualified the board' s stand on the matter, pointing out considerations the board had taken into account in making its decision. He noted that the boar-d must always give consideration to its taxpayers, and he asserted that commerce and industry must be fostered to broaden the tax base. Dr. Herbert Bartholomew of- fered the opinion that health agencies and engineers "have been constantly and consistenly wrong". Robert Swan of Glen Lake offered "if the town boards 50 years ago along the Hudson River and the State Health Department and a few others had decided they had better look 430 a little farther than the tax dollars that were coming in, we wouldn't be where we are today." The question of whether or not former county property across West Mountain Road from the disputed land would also be zoned commercial by the board prompted a woman to intone, "I hope, gentlemen, with one mistake, you won' t compound it by making another." Supervisor Solomon said there was no petition for rezoning of the other land, but Dr. Huested insisted that he had seen the petition. Mr. Nolan' s suggestion that some who signed Dr. Huested' s petition had not fully grasped Ski and Shore' s proposal was refuted by W. Joseph McPhillips, who contended, "I don't think anybody is stupid enough today to sign a petition or any other paper without knowing what it is." Dr. Huested, noting the Warren County Planning Board had "heartily." disapproved of the proposal for commercial development, said the county planners were of the opinion that the zoning should have been referred to them.. . Since"'' it was not, they felt it was zoned illegally, said Dr..,Huested. However, Harold W. Katz, town counsel, said he had not interpreted the zoning of the land as "re-zoning", and therefore did not feel the matter had to be referred to the county as provided by one section of general munici- pal law. He noted that County Attorney Thomas Lawson did not share his interpretation. Mrs. Walter Robinson', who purchased a small section of county property, asked why her tax bill listed the land as residential in conformity with her contiguous property. Supervisor Solomon said only the assessor could explain, but on his suggestion that matter and the question of Ski and Shore property was again referred to the town Planning Board. Supervisor Solomon assured the citizens that no con- struction would be started by Ski and Shore in ff thr�eet inttterim, since the fi �ac3u1 a o 'ntt mefi�fj' u_hb shed c �ounty T anninga�oa s andht ie �ueens ury own Boa Mr. Dan Olsen and Mr. Alan West spoke on the situation at the Zayre Department Store referring to the debris in the parking lot and the operation of an incinerator at the rear of the Saveway Supermarket. It was also pointed out that the trees had never been planted in the buffer zone around the apartment house project. Supervisor Solomon stated that he had ,talked to the owners of the apartment house pro- ject and they had promised to plant the trees very shortly. The situation of the incinerator was to be turned over to the zoning inspector. Supervisor Solomon reported briefly on progress of the intermunicipal sewage project noting that sewer interceptors will be constructed in River Street, along Quaker Road to Aviation Road and to the top of Miller Hill. He indicated that the town would qualify for 60 per cent aid from the state and federal governments. RESOLUTION REGARDING PUBLIC OFFICIAL BONDS RESOLUTION No. 122, Introduced by Mr. Robillard, 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 08-11-08 Glens Falls Insurance Co. George Stannard $4,000.00 t and be it further -- RESOLVED, that the members of the Town Board sign a certificate to that effect upon each public official bond described. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes None The following letter was read by the Supervisor. 43i From: Water Department Town of Queensbury, N.Y. To Queensbury Town Board, Mr. Gerald B. Solomon, Supervisor Gentlemen: This department has reviewed the bids for water connection materials assubmitted by Robert Spence, Syracuse, New York. The bid of Robert Spence appears to be the lowest responsible bid for supplying the materials set forth in specification 70-1 of the Queensbury Water Department. Therefore it is the recommendation of this department that the bid of Robert Spence be accepted. Respectfully submitted, Thomas K. Flaherty 'Superintendent RESOLUTION TO ACCEPT BID FOR WATER CONNECTION MATERIALS RESOLUTION No. 123, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, this Board has invited sealed bids to furnish the Queensbury Water Department with water connection materials and WHEREAS, the Water Superintendent has reviewed the bids and has notified this Board that the bid of Robert Spence, Syracuse, New York, appears to be the lowest responsible bidder for supplying the materials set forth Jispecification 70-1 of the Queensbury Water Department now therefore be it RESOLVED, that. the bid of Robert Spence is hereby accepted and approved at the delivered price quoted in the porposal. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAY RESOLUTION No. 124, Introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Solomon. WHEREAS, Leander Dickinson and Sarah Dickinson of the Town of Queensbury, Warren County, New York, have executed and offered a deed for a 50-foot roadway which is described as follows: "ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York bounded and described as follows: BEGINNING at an iron pipe driven in the ground for a corner in the South line of the Rockhurst Road, which point is the northwest corner of a parcel of land hitherto conveyed to Nelson and now owned by Sanderspree; running thence South 3 degrees 8' East 500 feet; thence westerly 50 feet to a point; thence North 3 degrees 8' West to a point in the south line of the Rockhurst Road 50 feet on a course South 72 degrees 57' West from the place of beginning; thence along the south line of the Rockhurst Road North 72 degrees 57' East 50 feet to the point or place of beginning. To be used for highway purposes only. " 432 WHEREAS, Carl A. Garb, Superintendent of Highways, has advised that he recommends to this Board that it accept this land for highway purposes into the town highway system, and WHEREAS, the deed has been approved by Harold W. Katz, Esq. , Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk' s Office, after which said deed shall be properly filed in the office of the Town Clerk, and be it further RESOLVED, that this new road is hereby added to the " official inventory of town highways, and described as follows: ROAD NO. : 46 DESCRIPTION: `;I?eAdl -KiLd-:to,4,Nbr..th4rly4End fat TA,4, 47 NAME: �Cbitrojail l t.Read MILEAGE: Duly adopted by the following, vote: Ayes: Mr. Demboski, Mr. Robillard, Mr. Robertson and Mr. Solomon Abstained: Mr. Austin Noes: None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION' No. 125, Introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. RESOLVED, that the Audit of Bills as listed in Abstract 70-5 numbered 534 through 664 inclusive and totaling $21,934.25 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk