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1970-09-10 492C public hearing was closed , NOW, THEREFORE, BE IT RESOLVED, that the aforementioned property be and the same hereby is rezoned from a "C-1" to an "M-2" district, and it is further RESOLVED, that the necessary changes be made upon the zoning and departmental maps of the Town of Queensbury so as to indicate the location of said property as being located in an "M-2" district as defined and regulated pursuant to the pro- visions of the Zoning Ordinance of the Town of Queensbury, as amended, and it is further RESOLVED, that the Town Clerk be and he is hereby authorized and directed to give the necessary notice of such change in zoning to the departments and agencies having juris- diction in the matter. Duly adopted by the following vote this 27th day of August, 1970: Ayes : Mr. Demboski, Mr. Robillard , Mr. Robertson and Mr. Solomon M Au Noes :e r tin s RESOLUTION No. 203 , introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, a prolonged dry spell has existed during which there has been a lack of rainfall to replenish the yield of the town water wells , and WHEREAS, the water supply problem in the Town of Queensbury has become critical and a state of emergency is deemed to exist, and WHEREAS JOSEPH A. KESTNER JR. has recommended action to restore the well yield, and WHEREAS, R. E. CHAPMAN COMPANY has been solicited and has advised that the cost of driving well points and installing a chemical feed system would be no more than $6 ,000, NOW, THEREFORE, BE IT RESOLVED, that a state of emergency does exist and the Town Supervisor be and he hereby is authorized to enter into a contract with R E Chapman Company to install well points, clean Well No. 1, and install a chemical feed system for an amount not to exceed $6,000.00. Duly adopted this 27th day of August, 1970 by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr, Robillard , Mr. Robertson and Mr. Solomon. Noes : None Regular Meeting September 10, 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. The fallowing visitors were greeted by the Supervisor: John Parker Gary Wickes Max Schenk Carol Liapes Mr. & Mrs. Leo J. Mayette Mr. & Mrs. Joseph Cutter Edward Waters, Dog Warden 492D The following letter was read by the Town Clerk : THE LAKE GEORGE ASSOCIATION Diamond Point , New York 12824 September 8, 1970 Hon. Gerald B. Solomon Supervisor, Town of Queensbury Queensbury Town Office Building Bay at Haviland Road , R.F.D. 1 Glens Falls, New York 12801 j Dear Sir: _...9 Our Association is gratefully appreciative of the generous support and active participation of the Town of Queensbury in the Lake George Clean-Up Day, August 22 , 1970, which we sponsored. We particularly wish to commend and thank Mr. Carl A. Garb, Superintendent of Highways , his staff and the custodian of the refuse disposal area for their assistance in trucking andcl.sposing of the litter collected at the Lake. Based on all reports this first community-wide Lake George Clean-Up Day involved most of the local property owner association, residential communities , youth, and civic organizations and public agencies in the Lake George Basin. Everyone cooperated willingly and enthusiastically. By all counts the event was a great success. Our objectives were not only to carry out an effective clean-up job; but at the same time to conduct a public education program against littering on eit1mr1and or water. We hoped to show the thousands of recreation seekers who come to Lake George each summer that they leave lots of obnoxious litter and to emphasize the fact that not-littering is basically an individual responsibility for everyone. With your help we believe we made progress towards both objectives. Sincerely yours. Edmund Morette, Chairman Lysle W. Morton, President Lake George Clean-Up Day Lake George Association RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 205 , introduced by Mr. Robillard , seconded by Mr. Austin. WHEREAS, John & Gladys Parker of Aviation Road , Glens Falls, New York, have made application in accordance with paragraph 2 (a) 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 on the Southwest corner of West Mountain and Aviation Roads , Town of Queensbury, New York , and WHEREAS, it is hereby determined that the facts presented in said 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 John and Gladys Parker to locate a mobile home outside of a licensed mobile home court for a period of three months at property situated at the Southwest corner of West Mountain and Aviation Roads , Town of Queensbury, New York, and that the Town Clerk is hereby authorized 493 and directed to issue such permit in accordance with the terms and conditions of said ordinance. 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 f RESOLUTION NO. 206, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Carol Liapes of 217 Dix Avenue, Hudson Falls, New York, 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 outside of a duly licensed mobile home court at property situated Lot 169 Warren Lane, Off Burch Road, Town of Queensbury, 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 September 24, 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 RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 207, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robillard. WHEREAS, Joseph L. Cutter of RD #3, Burch Road , Glens Falls , New York, 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 outside of a duly licensed mobile home court at property situated Lot 50, Warren Lane , off Burch Road , Town of Queensbury, 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 provisons of the above mentioned ordinance, the town board shall conduct a public hearing on said application on September 24, 1970 at 8 :10 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 494 RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 208 , introduced by Mr. Austin, seconded by Mr. Demboski. WHEREAS, Leo J. Mayette of Luzerne Road , R.D. #3, West Glens Falls, New York, has made application in accordance with paragraph 2 (a) 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 Luzerne Road, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in said -J 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 Leo J. Mayette of Luzerne Road , R.D. 3, West Glens Falls, New York to locate a mobile home outside of a licensed mobile home court for a period of 30 days at property situated Luzerne Road, R.D. 3, West Glens Falls, New York, and that the Town Clerk is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance. 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. 209, introduced by Mr. Demboski, who moved its adoption, seconded by Mr. Robertson. i WHEREAS, Leo J. Mayette of Luzerne Road , R.D. ��3, West Glens Falls, New York, 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 outside of a duly licensed mobile home court at property situated Lot 32 , Warren Lane, off Burch Road , Town of Queensbury, 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 September 24, 1970, at 8:15 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 RESOLUTION TO AUTHORIZE PERMIT TO IMPROVE OR SUBSTITUTE MOBILE HOME RESOLUTION No. 210, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Raymond and Marie Shirvell of 58 Maple Place, Huntington, New York, have made application to this board for a permit to: substitute a 1970 or 1971 Mobile Home in place of the 1957 Alma 46 ' x 10' Mobile Home at property situated at Nolte Road, Assembly Point , New York and owned by Raymond and Marie Shirvell, and WHEREAS, upon proper investigation it appears that the applicant 4915. has complied with all of the requirements of the ordinance regulations relating to mobile homes in the Town of Queensbury, therefore be it RESOLVED, that the application of Raymond and Marie Shirvell, as above described is hereby approved and that the Town Clerk is hereby authorized and directed to issue to Raymond and Marie Shirvell the proper permit. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson, and Mr. Solomon. Noes : None i The Building & Zoning Department Report for the month of August placed �--' on file. The Building & Zoning Department Report for the first eight months placed on file. The Town Clerk' s Report for the month of August placed on file. The Highway Report for the month of August placed on file. The Monthly Statement of Supervisor placed on file for the month of August showing total receipts of $53,850. 22 and total disburse- ments of $160,230. 16. The meeting was opened to the public. Max Schenk of Big Bay Road asked about the rezoning of the DeSantis Enterprises property off Big Boom Road. Supervisor Solomon stated that the County Planning Board had recommended the rezoning from R-3 to M-1. Mr. Schenk said the road is not in good condition and an additional traffic load would be intolerable. He asked about the sewage disposal noting that the area was primarily swamp. Mr. Schenk asked why the property was not rezoned at the owner' s request when it was first acquired. Councilman Robertson recalled that the neighbor- hood was the subject of basic debate when zoning was first imposed as to whether it was best suited to industrial or residential use. Councilman Demboski added residential designation was ultimately decided because a nearby town-owned tract was eyed for recreational development. Since then, however, those plans have been scrapped in deference to another site on the Hudson River. _ Supervisor Solomon stated that the land is lying dormant with nothing being done with it. He added that a substantial share of the undevebped land zoned for industry is not suitable for industry according to potential developers. Mr. Solomon stated that if we go ahead and zone this property M-1, we feel that we have enough power over the development of it because the Planning Board does have power over large-scale industrial development. He stated that if an industry similar to the Broughton Corp. or U. S. Catheter , which generate no waste, were to be realized , the entire area would benefit. He said he felt the fostering of new industry would result in generation of more competition amoung industries and a general increase in wages. Pliney Tucker interposed "Whatever action the board takes , if they rezone this, this property comes under the jurisdiction of the Hudson River Valley Commission. " Supervisor Solomon concurred. Councilman Robillard stated that he had very strong mixed emotions _ about granting the rezoning without foreknowledge of what DeSantis . ., Enterprises intends to do with the land. He said he agreed that light industrial use is the best use for the land but he had an aversion to granting a 11blank check" to the company. He stated, "if DeSantis came in here and told me George Brown Company was going down there and I knew what George Brown made, I might go along with it". Failing this, he stated he would not vote for the rezoning. Councilman Austin said he felt there should be more information on the envisioned industry and he moved to table action on the .request _ indefinitely. The councilmen agreed to the tabling of the matter. J 496 The next matter of business is the petition of Nic4, las Remens seeking rezoning of a triangular piece of property/o�iu f e Road and Meadowbrook Road from residential to C-1. The dis- puted property is a non-conforming use pre-existing the zoning ordinance and Supervisor Solomon stated that Mr. Clemens had presented a petition signed by about 50 neighboring residents who did not object to the zoning change. Noting that the Planning Board had recommended disapproval, Mr. Solomon added , however, that there are many cases of non-conforming uses pre-existing the zoning ordinance and that this is one of the unusal areas where it seems everyone agrees with the zoning. Councilman Robertson said he believed the area would be best suited to commercial use but he felt the entire triangle bounded by Ridge, Meadowbrook and Quaker Roads should be considered for the change to commercial designation. He pointed out that the entire east side of the tract comprises non-conforming uses. Supervisor Solomon disagreed and said he wouldn' t be interested in zoning the area next to Meadowbrook Road commercial because there are houses lining the other side of the road. Councilman Austin supported the position taken for Mr. Robertson, suggesting that if property-owners of the entire triangle were queried, the board could then decide on the requested rezoning, rezoning of the entire tract or no rezoning at all. Mr. Solomon said he felt it would be unfair to Mr. Clemens since a greater number of per- sons would be involved and the petitioner had already established that the contiguous property-owners did not object to the rezoning. Councilman Robertson interjected "there' s no reason in the world to grant the spot zoning on that lot in my book". Supervisor Solomon allayed fears that a gas station might be constructed on the land, since these are not permitted under C-1 zoning. Council- man Robillard stated he would vote against rezoning since the board did not know what was contemplated for the lot. Councilman Demboski said he would be in favor of the spot zoning since neighbors did not object. Mr. Solomon introduced a resolution to set a public hearing on the request for the next meeting, September 24th, and on Mr. Austin' s request, amended the resolution to provide for notification of the hearing to all property owners within 500 feet of the Clemens' property. RESOLUTION NO. 211, introduced by Mr. Solomon, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Nicholas Clemens Sr. and Helen Clemens residing at 318 Ridge Street in the Town of Queensbury, Warren County, New York and own a parcel of land situated at the intersection of Ridge Street and Meadowbrook Road more particularly described as follows:Beginning at a point where the westerly boundary of Ridge Street is intersected by the Town line of the Town of Queensbury, and running thence along said town line in a westerly direction 37 feet, more or less, to a point where said line intersects the easterly boundary of Meadowbrook Road, running thence 310.4 feet , more or less, along the easterly boundary of Meadowbrook Road to a point, running thence in an easterly direction 261 feet, more or less , to a point in the westerly boundary of Ridge Street, and , running thence in a southerly direction along - the westerly boundary of Ridge Street 266.6 feet, more or less, to rx the place of beginning, and WHEREAS, said Nicholas Clemens Sr. and Helen Clemens have made ap- plication to have said property rezoned from an, R-4 District to a C-1 District, and WHEREAS, the Zoning Ordiance of the Town of Queensbury, Section 11:100 and sections 264 and 265 , Article 16 , Chapter 62 of the Consolidated laws of the State of New York provide for a Public Hearing thereon NOW, THEREFORE BE IT RESOLVED, that a public hearing on said ap- plication be held on September 24, 1970 at 8 :20 P.M. D.S.T. , to rezone this area from an R-4 to a C-1 district and that notice thereof be published at least 10 days in advance of such hearing in the official town newspaper and that all property owners within 500 feet of said boundaries be notified of said hearing. V X97 Duly adopted this 10th day of September, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Robertson, and Mr. Solomon. Noes : Mr. Austin and Mr. Robillard. RESOLUTION TO AUTHORIZE ATTENDANCE AT CONFERENCE RESOLUTION No. 212 , introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Solomon. RESOLVED, that permission is hereby granted to Thomas K. Flaherty, Superintendent of the Queensbury Water District, to attend the fall meeting of the American Water Works Association, to be held October i 6-7-8 , 1970 at the Concord Hotel, Kiameska Lake, New York, and that the actual and necessary expenses incurred in such attendance is a proper town charge. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson, and Mr. Solomon Noes : None RESOLUTION No. 213, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, the Town Board made an appropriation to the publicity fund of the town for the fiscal year of 1970, and WHEREAS, the Opera Festival Association, Inc. is located in the Town of Queensbury and the publicity program of the Opera Festival will be of great benefit to the Town, be it RESOLVED, that the Town Board of the Town of Queensbury enter into a contract with Opera Festival Association, Inc. which will provide that Opera Festival Association, Inc. , promote the Town of Queensbury as a summer vacation area and cultural center for the lower Adirondack and Lake George section in consideration of the sum of $5 ,000. 00 to be paid from said appropriation, and be it further RESOLVED, that the Supervisor be and he hereby is authorized to execute such contract on behalf of the Town Board of the Town of Queensbury in form approved by the Toun Counsel. Duly adopted by the following vote: Ayes : Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, and Mr. Solomon. Noes : None Supervisor Solomon acknowledged receipt of a list of street lights that were needed in the western section of the town. The list-was presented by Councilmen Robillard and Austin. Councilman Austin asked Supervisor Solomon to speak to the Mayor of Glens Falls regarding the traffic hazard created because of the City of Glens Falls closing off Luzerne Road in the city. Councilman Robillard suggested that if the City is going to leave Luzerne closed that perhaps a traffic light should be installed at the intersection of Broad and Thomas Streets with i Western Avenue Extension because the traffic is extremely heavy and very hazardous. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 214, introduced by Mr. Robertson, who moved its adoption, secondedby Mr. Austin. RESOLVED, that the Audit of Bills as listed in Abstract 70-9 numbered 1091 through 1166 inclusive and totaling $18 ,886.81 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard , Mr. Robertson and Mr. Solomon. Noes: None r On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk