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.
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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,
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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
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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
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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
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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
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the building under construction and sending a copy of the
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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
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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
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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
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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.
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(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.
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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.
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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
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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.
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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.
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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