1989-07-14 SP I
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cPFCIAL TOWN BOARD MEETING
.TXTT,Y 14, 1.989
Q . 35
TOWN TIOARD MF..MBERS PRESENT f
- zppxvisnr, Stephen Borgos
Councilman, George Kurosaka
Councilman, Marilyn Potenza
rnuncllman, Betty Monahan
1,1 ,AFT1 ?fit-J-nr u-y, Paul Dusek
11TISIENT' ('nurl(7i loran Ronald Montesi
I'RESENT: Mr . David Hatin, Mr. Richard Gijanto, Mr. Bertram
11-irti?) , Mr . John Doyle, Mr. N. W. Bodenweiser
.711pervisor Borgos-There are two items on for today, one a
p�- ial Avdi.t, of Bills for Mr. Wunderictl for work on the
Cgvier , approved by Mr. Kestner
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Vrf,OJXTTON CALLING FOR SPECIAL AUDIT OF BILLS
RESOLUTION NO._ 390, 1989 Introduced by Mrs . Marilyn Potenza
T-,Thn renved for its adoption, seconded by Mrs . Betty Monahan: 4
RFISOLVED , that the Town Board of the Town of Queensbury
hArs-by approves Audit of Hills as appears on Abstract dated
.?1a.1 y 14 , 1989 ,and numbered 89-2077 and totaling
$1,52 , 446 . 92 .
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To1ly -i.dapted this 14th day of July, 1989 by the following :
Vf-1 t'-
Mr . K.urosaka, Mrs . Potenza, Mrs . Monahan, Borgos
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�.,AC ; Mr. Bor
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Nees : None i
Absent :Mr. Montesi 3-
c,_rpervi :-or Borgos-The next is the reason that prompted this
meetirig, we have a request from the Building Dept. to meet j
as the Board of Health so I need a motion to convene as the
Pna.rd of llea 1+11 .
'RF,sourrtON CALLING FOR THE BOARD OF HEALTH
RESOLUTION NO. 391, 1989 Introduced by Mrs . Marilyn Potenza
,Ftir� re{ fed. for its adopted seconded by Mrs. Betty Monahan and
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" — IAIET?, that the Town Beard of the Town of Queensbury here
the Queensbury Board of Health.
- ! - ;rlor^ ed -this 14t-h day of July, 1989 by the following
' es : Mr . Kurosaka , Mrs . Potenza, Mrs . Monahan, Mr . Borgos
rr• �� : rann-�
71.1,, , Ftr . ?f antes i
OXIEEN aBURY BOARD OF HEALTH
.?+ipervisor Borgos-Requested that Mr. Hatin explain to the
Poa.r.d the situation of Lower Warren Street
Mj- . T'-vid fl t.in-Director of Building and Codes-I would first
i r,trodt_ice Mr. John Doyle he is the owner of 34 Lower
We have given him copies of our letters .
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F�,sically what happened was that we received, a call from F
.r. vires requesting,,th t we investigate code
iclations at. 34 Lower Warren Street. Burt, "Vent down there
1 : 00 P.M. yesterday afternoon with Dick I believe and
investigated the property and in turn contacted me so that I
1,In ld go down and take a look at the property at about 3 30
y.a tPrflay afternoon. We came to the c'6n6lusion that the
�. i elation, that because of the electrical
,; nta+ i. tG that we found the open septic system, one
r1ryi.T) tPly
failed, one open, that we have pictures of, we
f�1 + tlnat there was an immediate threat to the occupants as
the adjacent property owners and should be closed
r,4i '. this si?. .ration is remedied . I have a letter from Dr.
T ,.,;,l,s „r, the septic system also in concurrence with that
:11P ,-ecllAesting permission for the Board to do that
, �ahatPver necessary action to fix the problems . Mr.
tj--yle i here an his behalf . I talked to him last night. or
he be here so that
1" i !:: ,,rife last- night and requested that
i, E r.a1 d could talk to him.
,l t..,1I srv_..
Borg kos-Could. you just for the record, list rave ,
� a p-�-tFicular of the concerns regarding the electrical and
l h.- ?
F�asically, I could run right down this paper in
} t,f c,,,, i f yore want to . We have ceilings that are
x < r y
falli,rig apart , in the upstairs apartment the roof is i
1.eaki.l,g, t.h-re =was evidence of that yesterday, we have, rear
'I pa has a narrow stairway to it,
l,a, t and that is the only
means of egress from that , again, this is an existing i
hj.iil�iing . I believe Dick this ``-Was as a six foot high
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hPdror+m. �i
pq FtrChazd Gijanto-Building inspector-ft# even six foot.
V1 riati_n--About six foot high, it was not intended as a
it was intended as a storage space even in the
f,rigina.t ().welling when it was built. We do not feel that
should used used as a bedroom at all . There is a new
rr1 with his mother and father staying �n `that bedroom up }
it t.Jifht fixtures are suspended from the ceiling that
meet, code , they should be fixed properly
by one the electrical inspectors . There is a
fhe front` of the building that has no egress from
fire escape and it is approximately twenty feet from
t.,r,nd . The rear apartment again has electrical
talked
nx nt� en,c t.i-je six foot .height of the ceiling We a
o g
Tess f"m
the bedroom is a thirty-six by
.✓zPr)i z window wh3h is basically just a window which
1. ir.:ally just a windov� that was put in probably when the'
c i ai raa 1 b t.i lrli.ng was built . Again it was not intended for
on the west side there are some panes of glass
:,,at are completely missing and there are other windows that
i,ave nc� - s 3t1 . 'The stairs from the rear. porch are completely
1n i s s i ng ' and drop off appz-oximate 1 y 4' drop to grade .
The
f.r. ont dow1� stairs apartment has electrical problems ,
Obvious electrical problems , the ceiling shows evidence of
leaking and disrepair . The ceilings are falling dawn they
ax.Q ._LSpended ceilings . Lath and piaster again missing
.,,i_th this we also have electrical wiring running in
,_♦ tong _
rpa'ce s ' which do not appear to: be installed by code .
Vrre have the open tank which we have a picture of it
71je e i ' ittle girl fell through a couple of days ago and
t al:.nrl + o the. hospital and treated. We have a rear
. npjt - y4tern that we do not know if we have two seperate
or one system that has failed but there is evidence
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��p+�r water on the -round. We have sampled it. We
will not have the r. equits back until Monday on it
h— is definitely from sewage . We have old
T-,+ r,7- cars and other material throughout the
along the outbuildings which
pj-op--tty especially
hazard to the children in the area. It is my
t,ecause of the problems I would like the building
the conditions are rectified. I would like
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Et�is letter put in as part of the record.
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TO TOWPi ..BOARD, TOUN PF QUEENSBURY
I710t4: PICHARD GIJANTjO, BERTRAM MARTIN CODE° ENFOCEMENT
nFhlr'I?p,,
MJBJECT : MULTIPLE FAMILY DWELLING 34 LOWER WARREN STREET
( FORMEPL Y BPICK MANOR)
This 'epa,rtment on the afternoon of July 12, 1969 received a
Ll 7mplaInt regarding si.b-standard housing at the above
ivQnt.ioned address .
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T?a.spd" upon the above mentioned complaint; and at the
invitation o,f the tenants of the apartment house, we dick
enter the premises on July 13, at approximately 1 ;00 p.Mi
n f}, X. a- complete_ investigation of the proper"�."�1 find 'the
tTt'S'T'P, 1 P AFAI?TMENT: .�.-
I . ) CEI.LINGS ARE SEPARATING FRdM THE"-LATH AND FALLING IN
;3FrT1�:1N LARGE ENOUGH TO KNOCK DOWI, ;SUSPENDED CEILINGS,
!.:.'z1Ttr T rTG A DANGEROUS S I UATION FOR.THE TENANTS . APPARENT
T,FAYS TN THE ROOF, .MAKE I*'EVEN NO! r:D�. EROUS, AS THERE ARE
NITMEPOT►S EXPOSED WIRES AN JUNGTY�N . LOCATED THROUGHOUT
I.'►iT_ STRUCTURE, AS EV I DENC ",,BY THE .PICTURES PROVIDED WITH
T 9I S REPORT.
2 . )VT:F?THEARRNLW' STEENS OF EGRESS FROM THE APARTMENT, IS
VIA
P STAIRWAY WHICH 'HAS NO LIGHT AND NO
PAILIN(;S,.
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3 , ) WINDOWS THROUGHOUT THE APARTMENT ARE EITHER BROKEN
-- OR NJ-1--SING , SOME PARTIALLY BOARDED UP FROM THE OUTSIDE, THUS
FURTHER PREVENTING ANY AVAILABLE EGRESS SHOULD AN EMERGENCY
P1T7, t,t 1 R.E IT,
n , ) I,101HT FIXTURES' ARE SUSPENDED FROM THE' ;,CEILING IN
L'FTF PHI)P.00M ANI) BATHROOM AREAS BY ONLY THE WIRES AND WIRE
T;r,ITE5 C)c, FT
,FC,TRICAL TAPE AND COULD EASILY'.`CAUSE A FIRE
T'1'UA'I'
5 . ) A BALCONY ALONG THE FRONT SIDE OF THE BUILDING IS
AL( FS ?AP1,E FROM THE APARTMENT, HOWEVER, NO IGRESS FROM THE
BALCONY EXISTS AS A MEANS OF ESCAPE. THE BALCONY IS
20 FT. ABOVE GROUND LP'VEL.
T)C,WTSTT IP> REAR APARTMENT:
T. . ) AGAIN, THE ELECTRICAL PROBLEM, WIRES NOT CONNECTED
T.*t Cf�VFRED JUNCTION BOXES, THE` B.�"THROOM LIGHTS, 7 HEATER
c'PAPv WHEN TTIRNED ON .
2 . ) C'EILING, HEIGHT OF BEDROOM 'IS LESS TIJAN 6'
E(SRESS FROM THE BEDROOM IS ONE WINDOW APPROX. 36" X
;t4 P41P A NARROW SET OF STAIRS, NEITHER OF WHICH WOULD ARE
1 CMIT; i Dr-RED CONFORMIRG Tn CODE.
4 . ) (>T1 THE WEST SIDE OF THE BUILDING, SOME PANES OF
)'I.F COMPLETELY MISSING, AND OTHER WINDOWS HAVE NO
` ) THE STAIRS FROM THE REAR PORCH OF THE APARTMENT
APT? (O�,?IVIT,F'TFLY MISSING AND DROP OFF APPROXIMATELY 4 ' TO
f4RADF LEVEL. .
t'Ta.T?NT OWNISTAIRS APARTMENT
1 . ) THE SAME HOLDS TRUE OF THIS APARTMENT CONCERNING
"TTIF ELECTRICAL PROBLEMS .
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2 . ) THE CEILINGS SHOW {,VIDENCE OF LEAKS IN THE UPSTAIRS ,t
T'T P 1 PTN(_i
3 . ) THE CEILINGS ARE TGIALLY MISSING IN T4 i IVINq ROOM zs"
AREA, WITH FXFOSED LATH FALLING FROM ;SAME•
4. ) SOME WINDOWS ARE B(dARDED UP IN 1,IF CIF PROPER LIGHT ,-
AND VrNTILATION AS REQUIRE')` BY' Coj)E. i
�IITTSIPE AREA OF PROPERTY
1' . ) AN EXPOSED SEPTIC LINE OR TANIV`1145 PETERIORATRD TO
`till" I'nIT WHERE ONE OF 'THf, "r,1#ILDR��j'?pCCLtPN , THE APARM.IIT,.,
I("r r1 T?,Y SELL THROUGH Ala i)`' REQUi kD MEDTC, j+ ATTENTION AT
F11Li.,; HOSPITAL. (t''1
"'TER
SA�PLF ..��01t THIS LINE IS
R FN T L yr ? ;; 1G TESTED AT THE Q4FENS 1D
2 . R FAR SEPTIC SYSTEM IS O ERF'WV I NG ONTO THE GROU01)
T;_ t, ?.I r1! n rrI7•g AREA WITH Er FLUENT. Li° QUID,, TES IS TOO TS P
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TTZK OI OF SEWAGE IS EVIDENT OV R T,iE rNT I RE REAR .
nE±_'T 1i1)N OF T) E FRS ? Ty . � ¢` '
4 , t_)L,D REFRIGE ;: R5, CARS , JUNK AND BUILDIN0,
T1A"iEP11',L ARF SPREAD T OVER THE ENTIRE REAL OF THE
C THE OUT-BU1GT:t, ='" E IN A STATE OF DIS,- i„.FAIR AS
,�/TDE'T)C'Fs) BY THE SUBMITr;:IJ l?.. �
T� is dxee opinion of th . offs... ,. ' this building is in
total viola-:ion of SUVC.AAF!EA F' "Hoy. iq ftteAancell of the
NYS Unifar,t Fire & Buil4ing Cade Part ^ 1242, 1243,
1 944 , 1 ?14 ?end, +also the j'Cown' of Queen: ry Sewer
Ui-1e to t: e fact that, there is at the prb..
{O fi3. lf ENdu.lts occupying the building, we fe _
_fre = ter.ea, e -,xg situation exists that requires imi,,
,{ �; c,;, 1�y ±t,i t r-)wn.
t+ i out j,1of&-,iional recommendation that the building be
,r3s,,rl ,..ed una;nha,bitable and the occupants be removed.
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s, �1,�c;Nfully sub.,%itted;
F? 1 4la;i d Gi ante
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r"o(Ie Enforcement Officer.
F'.n 1: t Y 3 X11 Ma r t i 21
Code Envorcement offii;er
raaT,rid E3a_t.iD., Director
Tl�)i 1.d1 ng & (-,ode Enforcement
!�?rigiraal T,etter on file)
rttl (I r Dorgos-You .have photographs, would yraa
>�k"r.7ltTarl ,
T1r . }Tatin-Yes ,
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Town Attorney Dusek-With reference to the septic_
s r,�rnr-f I nwi.ng on the ground, first of all is
^x,tam that you are referring to, located on the
ty -
T1Y Ira#_in .-Y¢g . As '"ka' r as we can tell , yes .
Attorney -How iax t
away f� �m thv house is 1t7,
we actually have two seperate problems, we
- lore' a }arrk which, is right al.ca the fo
.tion on the east
proVe1tty- 'fin unt In thO Year. which wou-Id be
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OT) the northwest there is evidence of septic just laying on
of the ground, we do not know where that system is . We
not know if it is part of the same system or not .
Tf ,.rr n?-i-r,rney Dusek-Do you believe that,- that is coming from
'lip holise?
M Ha}_.i.n-Yes,
r..")Anc:•iloran Potenza-The system that is used in the house? i
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11a-+-in-14Te believe so, yes .
Tr,.,7T1 Attorney Dusek-What is the basis . of your belief?
t1r lla`tin- l had Dr . Evans evaluate it, it is his conclusion .
I+-,0- It is coming from that residence and that he thinks
H. be rppa lred at least investigated to find out
Tl,pr- , i ry
i = coming from.
Mr . Doyle-The one in the back or in the frgnt?
MY- . Ha.t.in--The one in the back.
Town Attorney Dusek-In order to stop the , flow of sewage on
l.-hp ground, in your opinion, what has to be done with the
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Mt. Ha,tin-It has to be replaced or found out if there is a
repair t that. can be made to the system.
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Tnwn Attorney Dusek-Can'° .t be used in the meantime?
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11r . 11atin-I would say no . Because we do Have raw sewage on
Rnt•gbs-How about the electrical sitgatior .
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1>=3ve some that are . . .
' .rpPr is, r. Rrroos-Are those things that can be repaired?
Mr:
Hal-in- yes , I believe they can be repaired. Again they
frhat I would consider and I think that Bill will back
this i.1p . problems that.-could result in fires because they
*. r= not properly wired. We think that they should be
-,T 1,pf�ted by an electrical inspector before.: . .
{?,_rperC,isor Borgos-You have a letter fr' in the Fire Marshal?
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Burgos-A memo
! >iize Marshal Bodenweiser-This can be used this morning.
i cur- Rc;- *acs-I saw the . . .before I could. read it .
+-!,e Fire Marshal to indicate . .
1'? r.r tear. sha.l Po*denwei_ser-I do not want to be redundant, I
i..c•ned the families that lived there, they are all on
and Some indicated to me that they with-held their
},rca�i.se of talking to Mr. Doyle and not getting the
}- Jr)ne . True or not true, I do not know. The John
family , the Vandenburgh family and the Piper
f rni l y . One family said they had paid their rent and why,
+-hnr. +.}Tan i,,, red.undent, . . . fol low almost everything in the
tppnrt- . .T'he electrical in my opinion should be repaired
immediately that anyone to be a tenant there, for fear of
Thin gentlemen, discussed previously coming in that
l� these things prior to releasing them but they
} ,» f- ,l.l •-l.i.ned abolit them and they have got to be fixed.
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7. r" ho rannol-. handle the tenants in there then he has to make
+-n gr-+': them oTt
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l}rrvisoY Pr)rcros-In your opinion as the Fire Marshal , that
dangerous situation?
the back
rik
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�'ire Marshal Bodenweiser-Absolutely The stairs j
IY 1,19t gone, the _ one child, As we said, was hurt by
art of the septic
rir_�gm ottt front which we believe is p
�,,,,an Attc,xr�ey Dusek-Until the electrical is repaired, is
something that can be used or not be used.
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Firm Marshal Bodenweiser-They are using
wire now,
thatbut,
J3 not
-0 r , nr �,,,+ it is just hanging . on
ac's-•��t+:.rihlF,
T(:-11411 7\-�orney Dusek-Wel 1 , let me rephrase my question. Can
be used?
rl.rr, Marshal Bodenweiser-No . It should not be used at all .
< ,,pnr .r:i �nr Bongos-I think that the record should show that
I) Tgr ihe last several weeks we have had one fire related
t.y t?o e1ec4..rical problems in the Town that lost a
tirP t1arsha.l Bodenweiser-There are a lot of people living in
would like to ask Mr. Doyle one question,
bt.rilding, and that is you are refurbushing that
pa.ri to make it apartments? . . .
Mr . T)nyle-Originally I had purchased the building for that
p..zr:pose , I have not done any Work over there.
Fire Bodenweiser-There is a partition in there.
rl' Pny1P T did not put the partition in there, that was
done by the previous owner .
Fit-e !Igi-sh.al Bodenweiser-We just—other apartments being
i,t rsar waczt to know . . .
r?, Tinyle--1 hart„ original plans .
Ji Con Bongos-I hats to interupt but just so ask we can
l kind of s±r�rcture to this , I am going
for --ome gt.iestions and comments in a minute, and then we can
a{Yk l:i m -ome questions , when his time comes . Any other
t)tril0ing inspector want to add anything? Any Board member
1fave :?-
rj� sti.on of., the Building Inspectors or the Fire
tlarsit al?
f°t,.trc;i loran Potenza-I have one question, Dave is this an
aF,pt_ r,tA�l ?l ar_tment house? Has it been always,' you said the
*.Tv-., tl.atixl- 1 flon't know the history of the building, perhaps
MI- , r> ,y 1 cats answer that better than I can, Bill might, I
,t„ n,}t kn.nw the history of the building.
Fire Mar-shal Bod.enweiser-it was a bar and grill first with a
crrlall apartment upstairs . It was altered to, when the bar f
,,,r,vefl ntt+: , two apartments upstairs one and two down stairs .
it was vacated for a while, then the bar and restaurant
,p-n,-(3 arid. they wanted to have the bar and restaurant owner
live on the first floor and it was not acceptable in the
-yes of .the code . That is about the history until Mr. Doyle
i_zncilman Potenza-Do we have building permits on file?
rTr: . r'..}-i n_i. would have to check.
Potenza-That this was changed?
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Mr . Flakin-I would have to check.
Fire Marshal Bodenweiser-We have no permits issued, I knew
! iQ other tenants there and I cannot recall their names .
ttr . Pnyl.e--it is a matter of dates I would think.
>>pervisor Borgos-1 will ask our Attorney for an opinion, we
axe meeting as the Board of Health, at the moment, looking
at the health and safety factors, these other concerns which
are r.rpnuine about the use of the building, should that
l:rnperf-y come through the normal channels of the building
iti pe tion process and just take their own course.
Town Attorney Dusek-I think that is something that the
7,A l r,q Administrator could look into and take normal
channels , I think that the local board of health is
r )!irrrned with the emergency situation.
`'v-pervisor Borgos-We can request that the Building Inspector
rio +:l.at , to clarify that part. Ok, Mr. Doyle will you state
yolir name and address please.
Mr . Doyle-My name is John . Doyle-.,and I live at 72 Nelson
Poad, Lake George .
rip-r-i'l sor Borgos-You are the owner of the property in
Mr . I? ,yle-Yes , I am.. .
"1.1 peril,i.sor, Borgos-Would , You like to make a comment?
Mr..xI►oyle I purghased the building, and my original
ltnderstanfling at the time, three sections of the building
were being used as an apartment when I purchased it. The
restal.,rant section which is facing the west, was a
resta.lzrant , was not in use, and to this day is still not in
Ilse . So, a.ftet purchasing it, Cynthia Vandenburgh
approached me about renting it, I have never advertised this
apartment for rent, they came to me saying they were, either
had given notice er 'were being evicted from their
apartment . They, told me they were, had given notice and had
no place to gee and I told.them at the time, they really were
Trht ready, I would speed up what I was doing to make room
fnr: them , this was in January. All these lights were hooked
„l, ;,n!! w< ,xlr_ing properly. At the same time I placed in smoke
Jetectors and they were hooked up and working, they are all
�-? ,:TJ In together, the fire system I do not have the code
nll?mbers on them at this time. I have the information, I
,,; o?lt 119�7e it with me . That was working properly. Earlier,
r had to contact the Hometown pest control , the
i pa v i-ng garbage and other messes around had created
a cochroa.ch problem. Hometown pest control, did the
..rte .min ling, I have the paper here on the chemical they
,riled . I provide garbage service for them and they have all
they can do to carry to the side porch or the front porch
a.n,d 4:h=+t is where it is left . I have repeatedly been down
�t +o clean out the yard, and the garages in the back,
t,a�5 bearded yap by me three different times. Three different
T lea,rl to go dol,rn there to tell the mothers the ones
"Y th all the children to keep them, out of there and I
them up. Not, yesterday, the day before, and one
bard v. A,7 torn completely off one of the buildings out back
T-Olere +-lip car was exposed. At one time all those buildings
here boarded tip except the one on the far end, but there was
+ ri-l-lq In - here . I had picked up all the wood, steel that
I could take away in the time that I have, but, they have a
ii-ir:r? ± i.me getting away from their television to go out and
rain 5 1>re their children aren't getting into things that
t,�- into . -
",ig, ay.,riT )r Borgos-Have you been there in the last few days?
52 .
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Mr , Doyle-I was down there, lets see, twis .Friday, it
would have been Wednesday.
Supervisor Borgos-Do you agree with most of the `statements,
if not all the statements that were mad-r " ' here as far as
the conditions are concerned?
Mr. Doyle-1 agree that there is a lot o£� theti : that are here, K
I noticed that there is a down stairs ffo*'' apartment that
has a ceiling coming down, that was not ►e case the last
time that I was in the apartment, in fur'th�er than the side �
door .
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Supervisor Borgos-But, you were not in tha� ''partment in they
last few days? M ,.
Mr. Doyle-No, I hadn't been inside i� ``kiri.. any of the
apartments in I would say, probably thYie weeks or four
weeks possible.`° s
.M,
Supervisor Borgos-Were you aware, or ar Q, aware of the
septic system problems? s�
Mr. L7y1e-This was the first I heard oft ought that
the, �e on the side was an '°old drainage " 'pe i rom maybe a
�t
roof gu der system or something'° ' like tat; Because it �
seamed strange that it would be .that ,+c.24 tcr;the'<building
at the same time that all the sewage pike °, n1�1 back, the
back corner of the building, and then .
go" up the back
wall . So, that is news to me . nk
Supervisor Borgos-Were you aware ofthtja young girl ''
�.
apparently` f e l l h through the p over tfi a i
Mr. Doyle--I heard about t .a
hat l s
'�� �tigh , � ��"ffirst-„heard A°`'
of this . I was never notified o.f + a,;until 7:00. ”
o ' clock last night. It �w an,':� ho b� �:me.. ` No one'- r rtd.
contacted me that they were going t, " ,through for ;an
iTispection I would appreciate it,
I", cool .s made
arrangements to be there.
Town Attorney Dusek-Mr. Doyle at this `; x
Apo would you agree ;
that repairs are necessary to the proper
*2r k
Wi
Mr. Doyle-1 , knew when I purchased the bu ; n
g ;repairs were T �
necessary to the building. ' ,� ,v., ,
Town Attorney Dusek-Do you feel that ,per the tenants at .
this point should leave until repairs are' dompleted? l
Mr . Doyle-I , actually, I have eviction proceedings on two
of them at this present time, and I *aa��etting' ready to
sTMa:�� -"he eviction on the ones in the,,-b k 'too. Actually
-.hey have not been that bad, I was sur sed to see that M*
they requested this But, everyone ��� in and Social
:
1- ervicew was to pick it up and they requested it be paid to
- `.arn. They seem to want to withhold the#.ts ent and ,Cynthia <
Vandenburgh still owes me from February and N
Town Attorney Dusek-If this Local Board,,:*f Health were to
issue an order indicating that the septic4'jystem should not
he used, the electrical should not be used, so that makes
the house un-usable, so in effect shuts dowA 'the. house until
it is repaired. Do you have any ob e,ttion to that?
Mr. Doyle-I could not tell you that right-'at this time. I
would have to go and check out a few more things, again like ;
I said I was not notified of any of this until 7 :00 o'clock
last night so, and I was working until AO, By the time I
1:;— out I could not go and check it. `
77owz, Attorney Dusek-Keep in mind that thes:B*ird, of Health is .. ''
not saying, I do not think, the would
y , *�qt say" shut down . �'
g c
V >
your place permanently, but rathe*, until these,.problems
are corrected
Mr . Doyle-I knew that there were some
problems and I have
' been trying to , get in there to correct,them, •but, it is
difficult when ,.you have` to repeat work, you spend,, four hours
cleaning up .garbage that the tenants are too, -lazy to carry
out . t
Supervisor Borgos-Does anyone have any questions for the s
otaner?
t
Ccluncilman Monahan-Mr. Doyle how long have you owned this '
building?
Mr., Doyle-I purchased this building in January of 89.
Supervisor Borgos-Any other questi s? Doesi-the Board of
Health wish to take action? ?
Councilman Kurosaka-Haw long will it taake .to correct all
this?
Mr. Doyle-That I could not ,tel fit' you. I_ have materials: list
written up on the roof . that I was hoping for dor'on my
vacation and due to they fact that ,I had to use �"�oney I
had set aside for that, to cover my _ exper�Cse on the k
bli,i lding, because of 1 failure to receive m ,vfi:E that has AVI
been delayed un i 1 can arrange for fit nngI g :to do the x"
roof. More than 13'ke/y I would not do an ing ' inside until
the roof was done . ° It :woul be kind a'�'Wash of my time
to do inside., 3' fix anything neces ray' in,' there until the
roof was repaired. . . -Zo-', T-
Sitpervisor Borgoe-Mrs . Potenza bas .A question. . .
Councilman Pote a-Can I . . .a motion or
Town Attorney Dusek-Th ' Board under the Public Health Law,
has the authority i;r )ay opinion to make a decision as to
whether or not the pfobl,exn G`exi sts at this building are such
that us# of the ',sybterTW and therefore use o , the building
has to be immedia ly ditScontinued or whether you feel that
you) I that , some,,*'. time can be given, that is something that
1iPStix 'at your, discretion after hearing all the facts here
toga W
{, ,n.�iImasy.r Potenza-My concern, Paul is; the length of time
:.f. 1 ctitld state a length of time,; i►at these condition
vould hive to be corrected. There is no question in my mind !
and /.I will place before the Board a' reaiolution that the
prop�.rty, the premises , that the. premiees, be posted and Sri
'~h.q,t the tenants bey,: removed or leave, -:because It is, not
>e'�
ti itahle. -the way it is now. My question is, until the time
r.
that these rorrectio-ns are made with ,,Mr. Doyle' s comment
smut flir_g the roof, it may be six weeks or six months .
Tcwn Attorney Dusek-Oh, I think that you bave' the power to
( :`'"° indicate that they should be fixed immediately if you feel
that
councilman Potenza-I really do not care if Mr. Doyle fixes
them immediately as long as the property is not rented. If
Mr. Doyle does not want to fix it. .
;7, per isor_• Borgos-I think that is what Paul is getting at,
if it is the wish of this Board that these be fixed
imme(liately obviously it cannot be fixed within the hour in
the meantime no one could live there. "
C''ouncilman Potenza-That is right.
Supervisor l?nrgos-That again is what you are driving at. �
�ti
a
k
Councilman Potenza-That is exactly.
4 f
Totan Attorney Dusek-Perhaps the only other�rquestion to ask
of the Building Inspectors or Fire Marshal would be if time,
If the place was not occupied, and •time were allowed to f. x 1.
the problems here '� would there be, providing ;tilt the
building was not ' occupied, would th t_a ,0,t .to
public health or safety.
Fire Marshal Bodenweiser-. '. .that septic sy tai s x could be S-1
a problem.
rir. . liatin-I think that it one immediats pa�oblem, there is a
vr�y to address that. and that would bp' to' have the system
pl.imped immediately, and the cover rcvclred and if there is
no more occupan-cy ;
Councilman Potenza-And {have the exterior buildings secured.
Supervisor Borgos.-You sal,d i. here arc Wi644 k40ut?
M . Hatin-We have wind vs, they could be boarded up. . .
- -Fire Marshal Bodenweiser--'&hq main 1)14 has windows
k i cke A l l, out a l l over the p 1 -tee. Tie ? '.not have the
greatp!��'E tenants there, 1 ' wil .l agree to thgb.'
<'
Mr . Doyl .- host of the windows � hat ire ovt► �► 1�, , , �;
Fire Mar r_i& `'-odenweiser-I vfol.�%i -,nt 'doubt that. In the
meantime 7Je i_ - to handle what v,,9,,,seek we! h�vc-°�o right to
enter the bui_ '�. except by c:osnp?` '.nt act" ; sue what we
wF-nt in there for
Mr . Doyle-I just fee. �,e t was hit alt>ti �i�c�
Fire Marshal Bodenweist have O f`1c�it t+ .,`aomplain to
us and we have got: to takes
Si).par.vi eo r Bor.gos-We only got ' '*4t ;l e =,X7 ay ,
Mr . l'a t i ri-Mr . Do'y 1 e , so you know .
Mr. . Do y e-- ."l you of the notice the
Y g
Mr . Fiatin-When were you Contacted?
Mr. Martin-The 12th we went down them ing dpj�,A`
Mr . Doyle--There again, I was never notified,
Fire Marshal Bodenweiser-We .do not know who yo we
get there and they identify who owns the proper,
Mr. Hatin--Mr. Doyle, dust so you know, when I a,
there yesterday, I called you from my car $'
is when you got. the first message. When ,
at the ro ert I
p P y- was trying to make car.4 �^
you could meet me there at that tim+ ;
Supervisor Borgos-Are there any other ques-.
the people that are here? If not, do yoiw
motion.
Cotinc i lman Potenza.-R.eglieF-.ed +he Town Attorney to draft
a
resolution . . .what I j_ .` the* -lie � , r!a r.
problems , the septic syltt ?) and the exterior
the windows be boarded i.:Q system be, any--.hx*��-iry
outside the building tha+. :;.,,uld ,t,e health or lio-
threate.ning and a, problem be repaired immediately �` the`°
_
interior of -k:iho building has to be repaired,,,before it can be
SJV*r111S r Borg4es De woes pest a. t:iaae an the ismadiately for
X55)
the outside today. . .
Town Attorney Dusek-Immediately, would be right now.
Perhaps if I could dictate a resolution.'for the board. . .
RESOLUTION TO REMEDY A SITUATION AT PROPERTY AT 34 LOWER
WARREN STREET.
RESOLUTION NO. 21, 1989, Introduced by Mrs. FMarilyn Potenza '
who moved for its adoption, seconded by Mr."-George Kurosaka
WITEREAS , Fire Marshal and the Building Inspectors Office
and the Health Officer and personnel connected therewith
have reported to the Local Board of Health'' that there is a
coia.d.i}:.ion which is dangerous to the public health, safety
at)d welfare of particularly residences that are located
within a building located at 34 Lower Warren Street, in the
Town of Queensbury, and also dangerous to people outside the
bmllding who may happen to be near the property or travel
spar the vicinity of the property, and
WHEREAS, after considering all of the evidence presented
here today the local Board of Health orders as follows :
1 . That the owner of the premises Mr: Doyle is required
to si.,.ppress and remove the nuisances that have been
identified and more particularly is ordered to immediately
arrange for the removal of tenants in the premises .
2 . Board up any windows that may be open and on the
premises .
3 . Arrange for the pumping of the septic system located
on the premises.
4 . Take some proper method to eliminita a hole that is `
1.n a cover, pre sumeab l y a tank that is on`''the property and
also generally examine the property to be ' sure that there is
nothing else existing on the outside of the building . or
?.apon the property that may be of danger to people or
_ children who may happen to go upon the property at any given ,y
time even though they may be there without your permission.
Any be it further ordered by the Local Board of
Health that the Building Inspector will be directed to post
1.,.pon the building tha_t .the building is closed, that there
will be no tresspassing upon the building as soon as this ;E
wpetlru bas adjourned.
F . Be it further ordered that the premises in general
shall be repaired prior to the time that Mr. Doyle rents it
nl3t, repairs to be made to the satisfaction of the Building
Inspector and the Fire Marshal 'and the Electrical
Tnspect.or and also that the Health officer of the Town make
a. fln.a3 inspection.
r+�ilr adopterl this 14th day of July 1989, by the following
1Lr,yAs : Mr . Kj.?rosaka, Mrs Potenza, Mrs. Monahan, Mr. Borgos
13 f,1p c, : 13r
Mt , M o n t e s i
(Mr. Doyle spoke during the wording of the resolution. . . I
will take care of those things and "also I will post the
property, I will post that with the ' 'Sheriff' s Dept . )
K .:
(I"he following letters were placed on filed
1 . Ltr . from Dr. Robert Evans, Town Health Officer
2 . TA r . from N . W. Bodenweiser, Fire Marshal
Supervisor P_orgos- We thank the owner for coming in and,
t.
again we thank the inspectors 'far doing heir work, _I amr
impressed that they are out there helping` to keep a safe
community .
RESOLUTION ADJOURNING AS BOARD OF HEALTH �.
RESOLUTION NO._ 22, 1989, Introduced by Mrs. Marilyn. Potenza
_
who moved for its adoption, seconded by Mrs. ` Betty Monahan: �
pFSOt_,vFD, ±hat the Local Board of Health Hereby adjourns '
and the Town Bcard reconvenes .
P„ly adopted t11is 14th day of July 1989 by the following u,
vnte :
B As ; Mr . Yurosaka, Mrs . Potenza, Mrs . Monahan, Mr. Borgos
Poes : None
AbTzo nt : Mr . Ylontesi
Qt?FENSTWRY TOWN BOARD
Discussion held-It was asked that the Press be notified of
a special Meeting to be held July 14, 1989 at 9: 15 P.M. for
f lr¢p P%Ar ,e A of going into executive session.
c)rz nint:ion the meeting was ajourned.
F.espectft111y submitted, "f
Miss Parleen M. Dougher Town Clerk Tows of Q
ueensbury
xi
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