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of James P. Webb was withdrawn at his request.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