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1966-05-19 SP f� Q� Special Meeting May 19, 1966 Present: John 0. Webster Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson (absent) Councilman Hammond Robertson, Jr. Councilman The meeting was called to order by Supervisor Webster at 7:30 p. m. Supervisor Webster greeted the following visitors: Daniel Bennett, Sr. Marjorie Sidusky Ralph Woodbury Joyce Perry John Liberty. Jim Clark Mrs. Muriel LaPann Gordon Baker Mrs. Leah Hartman Mr. & Mrs. Raymond Potter Elizabeth LaFountain Mr. Clifford Witham LaVanche McLain Mr. Harold Rathbun Mildred LaFountain Paul Bishop Chester Tucker , Thomas K. Flaherty - Superintendent of Queensbury Water District Bernard J. Codner - Superintendent of Highways Mrs. Florence McIlvaine - Reporter, The Post Star The public hearing on the application of William Stephenson to locate a mobile home outside of a duly licensed mobile home court on Bay Road, was declared open by Supervisor Webster at 7:30 p.m. The proof of publication was presented by the clerk. The reading of the notice was dispensed with at this time. • The clerk summarized the original application by reading same. -- The Supervisor requested any statements of persons in opposition to the granting of the permit. There were none. The Supervisor requested any statements in favor of the granting of the permit. There were none. r The public hearing was declared closed at 7:35 p.m. Deci=sion was reserved on the granting of the permit until such time as the applicant can be contacted to discuss questions brought up by the town board. Mr. Ralph Woodbury was granted the floor at this time. A request was advanced that the town board should re-consider the application for an easement to allow construction of a Duplex home on a lot 58' x 100' on Windsor Drive. Mr. Woodbury doesnot feel that the reasons offered by the Town Board for not granting the easement are considered to be of a legal nature. A discussion as to the ultimate construction of the proposed home was advanced by Mr. Woodbury. He stated that improvements in the location have been provided by him in years past. Mr. Woodbury voiced an opinion that he has been a substantial tax- payer in the Town of Queensbury and has never ask a favor of any kind in any of his ventures. Councilman-Robertson-stated that easements of this type at any locations have been $ufavorable in the past. Mr. Robertson is of the opinion that the easement should not be granted on town property. 42S Mr. Woodbury questioned Supervisor Webster as to the results of questioning Attorney Beswick on the legality of the granting of the easement. Supervisor Webster discussed the opinions of Attorney Beswick on the problem. Attorney Beswick stated that no easement has been granted in the years past in the nature of the one in question. Mr. Woodbury stated that he intends, to .institute legal action on the matter in question if same is not solved in the near future. Mr. Woodbury stated that he is willing to furnish bond to protect the Town of Queensbury from any possible difficulty resulting from the granting of the easement in .the years ahead. Mr. Woodbury stated that the construction would be made under the direction of the New York State Health Department. Supervisor Webster openly questioned the members of the Town . Board on their opinion as to the granting of the easement. Mr. Beaty stated that his opinion to refuse the granting of the easement is still the same. Mr. Turner also believes that the decishion of -the Town .Board on May 16, 1966, should remain. Mr. Robertson stated that he believes that the easement should not be granted. Mr. Webster stated that he is also of the opinion that the ease- ment should not be granted. The -following visitors were greeted by the Supervisor at this time. Mr. & Mrs. Joseph Murphy, Mr. & Mrs. Robert Martin and Mrs.William Ball. The public hearing on the application of Mrs. Joyce Perry to locate a mobile home outside of a duly licensed mobile home court on Massachusetts Aveune, was opened at 8:00 p.m. The proof of publication was presented by the clerk. The reading of the notice was dispensed with at this time. The clerk summarized the original application by reading same. The Supervisor requested any statements of persons in opposition to the granting of the permit. The following persons voiced opposition; Mr. & Mrs. Joseph Murphy, Mr. & Mrs. Robert Martin and Mrs. William Ball. The Supervisor requested a voice from any persons in favor of granting of the permit. There was none. The public hearing was declared closed at 8:10 p.m. Mr. Robert Martin stated that a petition has previously been presented to the Town Board from residents in the area to restrict premitting mobile homes to locate there. . The board reserved decision on the granting er- e-geatng of the permit. Action will be deferred to a later date. Mr. Douglas Williams, Mrs. Jack Dumas and Mr. Lowell Hill visited the meeting at this time. ' Councilman Robertson questioned the group of objectors to the granting of the permit to ascertain as to whether the objection was only to this application or would it be to any mobile home that might be permitted to locate in the area. Mr. Robert Martin stated that the petition as presented some time ago should control the actions of the Town Board on granting of permits. Mr. Clifford Witham was granted the floor. Mr. Witham questioned the opinions of members of the Town Board on the content of the"Wemple Bill" pending adoption by the State of New York. Councilman Robertson discussed the content of the "Wemple Bill" which he believes are adaptable to any future actions by the Town Board of the Town of Queensbury. Supervisor Webster Discussed Section 849A of the Concervation Law which is.in force at present within the Lake George Park. Mr. Webster stated that any sections of the proposed "Wemple Bill" would not apply to the Town of Queensbury due to the fact that any violitorsof the proposed bill would be prosecuted on a town level. RESOLUTION TO SUPPORT PENDING LEGISLATION USOLUTION NO. 114, introduced by Mr. Robertson, seconded by Mr. Beaty. WHEREAS, this board has already carefully considered the legislative program of the Lake George Park Commission for the current year and has previously announced complete support of and approval of this program, and WHEREAS, it has come to our attention that another bill has been introduced in the Assembly, the so called Wemple Bill, and this legislation has been carefully considered by this board, RESOLVED, that this board hereby expresses its approval and support of the so-called Wemple Bill and the Supervisor is hereby authorized and directed to wittt to Senator Proller and Assemblyman Bartlett advising them of this support. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster. Noes - None Mrs. Jack Dumas was granted the floor. Mrs. Dumas questioned the Town Board as to when the application of she and her husband to locate a mobile home within the Town .of Queensbury would be acted upon. Following a voice vote of the members of the Town Board it was stated that the permit will not be granted at this time. Mrs. Dumas asked the question as to whether a home that would be ,delivered to the location in two sections would be accepted. The members of the Town Board stated that this form of construction would be acceptable. The minutes of the meetings of May 12 and May 16, 1966, were approved. Carried unanimously. 43® A letter was received and placed on file from Mr. William H. Barton, Supervising principal of Queensbury School. The letter explained the activity within the school to create a new Town Seal for the Town of Queensbury. The minutes of the Recreation Commission of the Town of Queensbury _ were presented as follows: May 9, 1966 The meeting was called to, order by Chairman Hague. Members present were Broughton, Geruso, Hague, Mason and Windahl; also present Councilman Beaty and Director McCarty. McCarty outlined his plans for the summer recreation program to include arts and crafts, swimming, and playground activities in four areas of the town; arts and crafts only in North Queensbury. The anticipated budget for the summer totals $4500.00. A boat safety course will also be offered to children 9 to 14 starting May 17th. After consideration of three areas in the town for the swimming program, motion was made by Windahl, seconded by Broughton and passed to use the Glen Lake Casino Beach at $175.00 for the season. Secretary was instructed to write the Queensbury School for ,per- mission to use its facilities plus the ticket booth for the summer program. Hague is to contact South Queensbury and West Glens Falls for permission to use their firehouses and to locate playground areas. Mason will contact North Queensbury, Bay Ridgeand the Mohican Grange. The commission accepted the summer program, as out lined by Mc Carty, in its entirety. In the future, commission meeting will be held the fourth -Monday of each month. The next meeting will be on Monday, May 23rd. Members of the Planning Commission will be invited to attend to consider re- creation plans in the town for the .future. Respectfully submitted, Jane M. Mason, Secretary . Superintendent of Highways, Bernard J. Codner recommended the acceptance of a drainage easement from Mr. & Mrs. Robert A. Reid at Rolling Ridge. RESOLUTION TO ACCEPT DRAINAGE EASEMENT IN ROLLING RIDGE SUBDIVISION RESOLUTION NO. 115, introduced by Mr. Turner, seconded by Mr. Beaty, WHEREAS, Robert A. Reid and Margaret F. Reid have executed and offered to the Town of Queensbury the deed to a permanent easement -� to install drainage in Section 3 of Rolling Ridge subdivision, in form approved by County Attorney Albert E. Beswick, and WHEREAS, Superintendent of Highways, Bernard J. Codner, has re- commended to this board that this easement should be accepted, be it (Resolution No. 115 - continued) RESOLVED, that the deed to the above described easement be and the same is hereby accepted and approved and that the Town Clerk record said deed in the Office of the Warren County Clerk, after which said deed shall be filed in the office of the Town Clerk. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION NO. 116, introduced by Mr. Beaty, seconded by Mr. Robertson WHEREAS, the Legislature has enacted the medical assistance to the needy program which mandates that counties shall pay 25% of the cost, and it is estimated that the additional cost to the taxpayers of Warren County in 1967 will be approximately $1,000.00, a considerable portion of which will be paid by taxpayers in the Town of Queensbury, and WHEREAS, the Town Board has labored hard and managed in the past few years to accomplish a small reduction each year in the town tax rate but thi$ mandated medical expense will wipe out any savings which the Town Board has been able to make and add another load of local taxes over which the Town -Board will have no control, and WHEREAS, the cost of education has been rising steadily and the school tax, together with the county and town taxes, -has come to the limit which the home owner and small business men can endure, be it RESOLVED, that -the Town Board of the Town of Queensbury respectfully requests the Legislature consider immediately either the repeal of or the amendment of the medical assistance to the needy program prior to adjournment to relieve home owners and small businesses from the intolerable tax load imposed by the program, and be it further RESOLVED, that the Town Clerk be and hereby is directed to transmit certified copies of this resolution to Governor Rockefeller, Senator Proller, Assemblyman Bartlett, and to the Association of Towns. Duly adopted by the following vote: Ayes - Mr. .Beaty, Mr. Turner, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION TO DISAPPROVE PERMIT FOR MOBILE HOME RESOLUTION NO. 117, introduced by Mr. Robertson, seconded by Mr. Turner. WHEREAS, Jack S. Dumas of R.F.D.#2 Aviation Road, 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 QUEENS- BURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated West side of Mountain View Lane, 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 not sufficient to authorize the issuance of the permit requested by said application, for the following reasons: 432 (Resolution No. 117 - continued) The granting of the permit would have an adverse effect on-property values in the area, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the application of Jack S. Dumas of R.F.D.#2 Aviation Road, Glens Falls, N. Y. , to locate a mobile home outside a licensed mobile Dome court at property situated at West side of Mountain View Lane is hereby disapproved, and that the Town Clerk is hereby directed to advise Jack S. Dumas of the decision of this board. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster, Noes - None Mrs. Leah Hartman discussed her plans to develop the property owned by her on Pinello Road. Mrs. Hartman discussed the activity at present to sell lots on which mobile homes will be located. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME PERMIT NO. 44 RESOLUTION NO. 118, introduced by Mr. Robertson, seconded by Mr. Beaty. WHEREAS, Daniel Bennett, Sr. , of R.F.D. #3 New Hampshire Avenue, 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 Lots 15-16-17 of Block #1 of the Hartman Development on finello 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: It is the opinion of the Town Board that the granting of the permit will not have an adverse effect on property values in the area. The Town Board has already granted mobile home permits on Pinello Road in this subdivision, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given- to Daniel Bennett, Sr. , ad R,F.D.#3 New Hampshire Avenue, West Glens Falls, N. Y. , to locate a mobile home outside of a licensed mobile BDme court at property situated at Lots 15-16-17 of the Hartman Development 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. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster,. --- Noes - None 3 RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME PERMIT NO. 45 RESOLUTION NO. 119, introduced by Mr. Robertson, seconded by Mr. Beaty. WHEREAS, Kenneth G. Bennett of R.F.D.#3 New Hampshire Avenue, 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: Lots 12-13-14 Block #1 of the Hartman Development on Pinello 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: It is the opinion of the Town Board that the granting of the permit will not have an adverse effect on property values in the area. The Town Board has already granted mobile home permits on Pinello Road in this subdivision, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Kenneth G. Bennett of R.F.D. #3 New Hampshire Avenue, West Glens Falls, N. Y. , to locate a mobile home outside of a licensed mobile home court, at property situated at Lots 12-13-14 of the Hartman Development on Pinello Road, 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. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION N0. 120, introduced by Mr. Turner, seconded by Mr. Webster. WHEREAS, Willard D. Durham of 249 Main Street, Corinth, 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 outside of a duly licensed mobile home court at property situated: Lots 20-21 of Block #1 Hartman Development on Pinello Road, 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 June 2, 1966, at 7:30 p.m. in the library of Queensbury Junior High School, Aviation 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: Aries - Mr. Beaty, Mr. Turner, Mr. Robertson send Mr. Webster Noes - None 434 RESOLUTION TO AUTHORIZE AMUSEMENT RIDES AT FIREMIN"S FIELD DAYS RESOLUTION NO. 121, introduced by Mr. Robertson, seconded by - Mr. Turner. RESOLVED that permission is hereby granted to the West Gleans Falls Volunteer Fire Company to sponsor Kellogg Amusement rides at Firemen' s Field, Luzerne Road, West Glens Falls, on June 4th and June 5th, in connection with Firemen' s Field Day Exercise, and that the Town Clerk is hereby authorized and directed to issue the requested permit provided that a certificate of insurance is filed with the Town Clerk verifying public liability coverage with limits- of at least $100,000/300,000 for the period to be covered by said permit. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION NO. 122, introduced by Mr. Turner, seconded by Mr. Beaty. WHEREAS, the Housing and Home Finance Agency made a grant toward the cost of construction of improvements in Queensbury Water District and the balance of the cost was provided by the issuance and sale of serial bonds of the Town of Queensbury, and WHEREAS, the final payment has been approved by Housing and Home Finance Agency amounting to approximately $60,000.00 has been approved subject to final audit of town records by Peat, Marwick. and Mitchell- and the receipt of said final payment is anticipated within thirty days, and WHEREAS, principal and interest on said serial bonds in the amount of $23,837.50 will become due and payable on June 1, 1966, and it had been anticipated that the final payment would be received in _ time to provide the funds for the payment of said principal and interest, and - WHEREAS, because of the unexpected delay in the receipt of the final payment of the federal grant, it will be necessary to provide temporarily the sum of $23,837.50 from other funds, be it RESOLVED, that there be and hereby is appropriated from the General Fund 'to •the Queensbury Water District Bond Account the sum of $23,837.50, which said sum the Supervisor is hereby authorized and directed to transfer, and be it further RESOLVED, that the final payment of the -Housing and Home Finance Agency in the amount of approximately $60,000.00 when received be deposited by the Supervisor in the Queensbury Water District Bond Account and that the Supervisor then be authorized and directed to transfer from the Queensbury Water District Bond Account the said sum of $23,837.50 to the General Fund. Duly adopted by the following vote: Ayes - Mr. Beaty, fir. Turner, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION NO. 123, introduced by Mr. Beaty, seconded by Mr. Turner. RESOLVED, that the Audit of Claims as listed in Abstract #66-5� numbered #571 and totaling $11,938.90 is hereby approved. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Robertson and Mr. Webster. Noes' - None Can motion the meeting ad,iourned, Respectfully submitted George C. Crannell, Town Clerk