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1965-01-28 443 Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr,, Lampson, Mr. Robertson and Mr. Webster Noes - None RESOLVED, that the 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 95-57-90 Glens Falls Insurance Herbert -E.Corlew, Jr. $4,000.00 and BE IT FURTHER RESOLVED, that the members of the Town Board sign a certificate to that effect upon each public bond- above described. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None- RESOLUTION N0, 34, Introduced by Mr. Beaty, seconded by Mr. Robertson. RESOLVED, that the Audit of Claims as listed in Abstract #65-1A numbered 2 through 110 and totaling $11,166.95 is hereby approved. Duly adopted by the following vote: Ayes = Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None The most up to date plans of the proposed Town Office Building were studied at this time. On motion the meeting adjourned. Respectfully submitted George C, Crannell C Town Clerk Regular Meeting January 28,., 1965 Present: John 0. Webster Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson Councilman Hammond-Robertson, Jr. Councilman The meeting was called to order at 7:30 p. m. The visitors were greeted by Supervisor Webster as follows: Mr. Harold Woodruff - Lake George Park Commission Mr. Newman Wait, Jr. --Resident of. Plumb Point Atty. Donald Borth - Lake George Park Commission Mr. LeRoy Phillips - Chief of Police Mr. Bernard J. Codner - Superintendent of Highways Mr. Bernard Zovistosky - The Post Star Mr. Newman E. Wait, Jr. was introduced by Attorney Donald Borth of the Lake George Park Commission. Mr. Wait presented a petition to the Town Board which would establish zoning in a section of the Lake George Park within the Town of Queensbury. 444 A PETITION _ T0. , THE TOWN BOARD 1 11 OF. THE TOWN. OF QUEENSBURY, WARREN COUNTY, NEW YORK PURSUANT-TO ARTICLE 13-C OF GENERAL MUNICIPAL LAW. . We, the undersigned-hereby petition the Town Board of the Town of Queensbpry, Warren County, New York, to establish by ordinanc'e- a residential area within the Lake George Park in the area which is described as follows: Beginning at a point on the easterly shore of Lake -- George .at the northeasterly corner of the lands of Antigua Motel and the most northerly corner of the lands of Anna Crannell, running from thence southeasterly, easterly and southerly along the shore of the said Lake to a point therein in the easterly bounds of lot 10 and the westerly bounds of lot 11 of the French Mountain Tract, said point being .near--the southerly end of Dunhams Bay .and a short distance north of New York State Highway number 9-L, and said point being in the, easteriy bounds of lands of Joshua's Rock , Corporation: . running, from thence southerly along a portion of the easterly bounds of lot 10 and the westerly bounds of lot 11, being also along the easterly bounds of the said lands of Joshua's Rock Corporation, to a point at the north- easterly corner of lands of Allison tllsworth; hence running westerly along the northerly bounds of the said lands of Allison Ellsworth and the southerly bounds of lands of Joshua's Rock Corporation to a point at the southwesterly corner of the said lands of Joshua's Rock Corporation and the northwesterly corner of the said lands of Allison Ellsworth, said corner being on the line between lots- 8 and 10 of the French Mountain Tract; thence running northerly along the easterly bounds of the said lot 8 and the westerly bounds of the said lot 10, being along the westerly bounds of lands of Joshua' s Rock Corporation, to a point in the center of New York State Highway number 9-L; thence running in a northerly, westerly:, southwesterly and northwesterly direction along the said bounds of New York State Highway number 9-L to a point therein at the southwesterly corner of the lands of Frank. and Jessie Lockhart and the most southerly corner of the lands of F. M. Bishop; thence running in a northwesterly direction along the westerly bounds of the lands of the said Bishop, 276.50 feet, more or less, to a point at the northwesterly corner thereof and the southwesterly corner of the lands of James Blake; thence running in a northwesterly direction along the westerly bounds of the lands of the said James Blake, 100 feet, more or less, to a point at the northwesterly corner thereof and the southwesterly corner of the lands of Anna Crannell; thence running in a northwesterly direction along the westerly bounds of the lands of the said Anna� Crannell, 157.60 feet, more or less, to a point at the northwesterly . corner thereof; thence running in a northeasterly direction along the northerly bounds of the lands of- the said Anna Crannell and the southerly bounds of the - .ands of Antigua Motel property, 210 feet, more or less, to the shore of Lake George at the point and place of beginning. a 445 That the undersigned petitioners seek to prohibit the use of all property within the above described area for all industrial and commercial purposes except that any residence within the said area may be leased or rented for single,' private family residential purposes or may be used for non-profit recreational purposes. This petition shall be known as Plumb Point Petition and is to be executed in four parts- and all parts are indentical, Attorney Donald C. Borth discussed the petition as presented-. The minutes of the meeting of January 14th, 1965 were approved- by the Town Board. Carried unanimously. A letter received and placed on file from the United States Department of Commerce, acknowledging receipt of the initial fee. for the special census which will be taken in 1965. A letter was received and placed on file to discuss the subject of Queensbury Water District Extensions and future wells. A letter was presented- to the Town Board by Councilman Turner,-- which was written by Councilman Connelly of the Town of Kingsbury to do with the joint Water Survey study to be conducted at a later date. RESOLUTION TO AUTHORIZE PUBLIC HEARING ' USA ION NO. 35, introduced by- Mr. Turner, seconded. by Mr., Robertson WHEREAS, Henry L. Carpenter Sr. , of Fart Devcns, Mass.- U.S. Army, 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,-YORKi - to: locate .a•mobilfe home outside of a duly licensed mobile home court at property situated on Wisconsin Avenue, Town of Queensbury, 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 February -ll, 1965, at' 7:30 p.m. in the library of Queensbury Junier' High ,School, Aviation Road, and that the Town Clerk is hereby suthorized 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster -- Noes - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION N0. 36, introduced by Mr. Turner, seconded by Mr. Robertson WHEREAS, Joyce Marie Lowe of 2 New Pruyn Street, Glens Falls, New York, has made application in accordance with paragraph_ 2 (c) , Section 4, of an ordinance of the Town of Queensbury entitled 446 (Resolution No. 36 - continued) ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN .THE TOWN OF. QUEENSBURY$ WARREN_CQUNTY, .NEW..YORK,­ to locate a . _. mobile home outtside ef._a .duly :licensed, mobile home court at property situated at R.F.D. 3, Luzerne Road, Town of Queensbury, 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 "1 ordinance, the town board shall conduct a public hearing on skid application on February 11, 1965, at 7:40 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. Daly adopted by the following vote: Ayes -. Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noees - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTEN NO. 37, introduced by, Mr. Turner, seconded by Mr.. .Robertson. WHERM;,':,ST IZ,EY RYK WICZ, JR.,OF Chestnut Ridge Road, has made application.ja. accordanee..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 at Chestnut Ridge Road, Town of, Queensbury, 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 February .11, 1965, , 4t 7:50 p.m. in the library of Queensbury Junior High School, Aviatiqu 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. Beaty, Mr. Turner, Mr. hampson, Mr. Robertson and Mr. Webster. Noes - None STATE OF NEW YORK DEPARTMENT OF .HEALTH January 21, 1965 447 John 0. Webster, Supervisor Re: Comprehensive Water Study Town of Queensbury R. D. #1 . Glens Falls, New York Dear Mr. Webster: At the January 18th meeting on the comprehensive water study for this area, ,I discussed the procedures for making application for such a study. There'was general agreement that this project could best be handled through the formation of a Joint Municipal Survey Committee. Such a committee is authorized by Section 239-n, General Municipal Law. This committee would then have the task of organizing and supervising the conduct of the study., It was suggested thattwo i representatives from each:-municipality would comprise this. .Joint Committee. Some municipalities.:have --already adopted resolutions to this effect while others have yet to do so. Enclosed is a suggested form of resolution concerned with such a study. It is suggested that this or some similar resolution including all of the pertinent points be adopted. If your community has already adopted a resolution, you should compare it with the enclosed and if there is not close agree- ment the proper motions should be made to adopt this suggested one. These are legal technicalities which must be carefully and properly done to give the Joint Committee legal status. This in turn is an essential step for the application. This should be, done soon. If there are any questions, let me know. Very truly yours, Edward Howard District Sanitary Engineer RESOLUTION N0, 38, Introduced by Mr. Robertson, seconded by Mr. Beaty WHEREAS, Section 1263-a Article 12 of the Public Health Law of the State. of New York provides for a State grant to. pay for the total cost of a_comprehensive study and. repoart for the sources, treatment and distribution of water, and WHEREAS, Section 239-n Article 12-C of the General Municipal Law provides for •the formation of a Joint Municipal Survey. Committee to make a comprehensive study and report for the sources, treatment and distribution of water, and . WHEREAS,, the Town- of Queensbury will not be financially encumbered for payment.of the cast for such comprehensive, study and report, nor bound by any recommendations that may be .cont:rary, to, sound, . judgment and not in the best interest of the Town of Queensbury, and WHEREAS, the formation of such Joint Municipal Survey Committee shall consist of two (2) duly appointed representatives each with a single vote from each participating municipality within the area proposed to be studied, and WHEREAS it is considered that participation by the Town of Queensbury, in a _Joint Municipal Survey. Committee .in accordance with the prescribed intent, purpose and objectives of such comprehensive study is desirable. NOW, THEREFORE, be it 448 (Resolution No. 38 - continued) RESOLVED, that the Town of Queensbury hereby agrees to create and participate in a Joint Municipal Survey Committee to prepare a comprehensive . study and report embracing the City of Glens Falls Warren County; the Villages of Hudson Falls Washington County, Fort Edward Washington County; and the Towns of Fort Edward...Washington County, Kingsbury Washington County, Queensbury Warren County, and be it FURTHER RESOLVED, that Theodore Turner and Hammond.Robertson,` Jr. , be and- are hereby- authorized to represent the Town of Queensbury ,on such Joint Municipal Survey Committee, and that Curtis Lampson, is hereby authorized-to represent the Town of Queensbury, on-. such joint Municipal Survey Committee, in the event that one of the authorized representatives is unable to attend. FURTHER RESOLVED, that the Town- of Queensbury select and designate a consulting -engineering firm.'to make ,a comprehensive study and report, who is qualified to practice professional engineering in the State of New York; competent-in the study and design of water supply system and water treatment, and whose experience, establishments and know- ledge of the area to be studied would be an asset to the expeditious execution of- the- study, and be it FURTHER RESOLVED, that—said Committee be-'and is hereby authorized to make application to the Commissioner of Health of the State of New York for a State grant under provisions of Article. V. Part V-A, Conservation Law, to finance the cost of said comprehensive. _study and report. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes None Chief of Police,-LeRoy Phillips discussed the creation of a full time police force within the- Town of Queensbury. -- A letter was received and placed on file from Mr. K. E. Sand of the Glens Falls Insurance Company, to do with- -an option to purchase land on Bay and Haviland Roads, which could be used for a location of a proposed town office building. RESOLUTION TO AUTHORIZE ATTENDANCE AT CONFERENCE RESOLUTION NO.' 39; - lntroduce& by Mr. Beaty, seconded.-by Mr. Turner. RESOLVED, that permission is hereby granted to Thomas. K. Flaherty, and,_Scott Hopkins, t6 attend the conference meeting of the Adirondack-Water Works Association, to be held on January 28., 1965 at Latham, New 'York,' and that the actual and necessary expenses inured in such. atte'ridance is a proper town charge. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None. RESOLUTION TO AUTHORIZE, PART TIME B'OOKEEPER RESOLUTION NO. .40, , introduced-by Mr. Beaty, seconded by Mr. Robertson. WHEREAS, due to the increase ,of business being conducted .an the office of the Receiver of Taxes and Assessments, it is deemed adviseable to to provide compensation for -one-part time -bookeeper, and the 1965 Annual Budget made provision for such an employee, now therefore be it 49 (Resolution No. 40 - continued) RESOLVED, that Betty Eggleston is hereby appointed part time bookeeper in the office of the Receiver of Taxes and Assessments effective January 1, 1965 at an ,annual salary of '$300. 7 Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson,' Mr. Robertson and Mr. Webster, Noes - None, RESOLUTION NO. 412 Mr. Robertson introduced the following resolution and moved its adoption, seconded by Mr. Lampson. Whereas, pursuant to Article 13-C of the General Municipal Law, a petition was presented to the Town Board of the Town of Queensbury .for the establishment of a residential area on Assembly Point, and 'a public hearing was held on such petition and follow- ing such hearing this Town Board adopted a resolution making the determinations required by said Article 13-C and directed the preparation of proposed ordinance to establish such residential area.and Whereas, a proposed ordinance establishing the Assembly Point. residential area in the Lake George Park was presented to this Town Board for its consideration and a public hearing was held on such proposed ordinance by the town Board on the 14th day of January, 1965 , at which time several persons appeared in favor of such proposed ordinance and no one appeared in opposition, be it Resolved that the form and contents of a proposed ordinance entitled "Ordinance Establishing Assembly Point Residential Area in the Lake George Park", be and ,the same hereby is approved, and be it further RESOLVED that It Be Enacted and Ordained -by the Town Board of the Town of Queensbury, Warren County, New York, as follows: 450 ORDINANCE ESTABLISHING ASSEMBLY POINT RESIDENTIAL AREA IN THE LAKE GEORGE PARK; TOWN OF_QUEENSBURY, WARREN COUNTY, NEW YORK. Section" 1. The word "person" as used -in this ordinance shall include an individual, society I'club, firm, partnership , corporation or association of persons, and the singular number shall include the area. The words" "residential area" `shall have the meaning intended and provided by Article' 13-C of•the *General Municipal Law. The legislative intent in the adoption of' the ordinance .shall .be as set forth in Section 280 of the General, Municipal Law. Section - 2. Pursuant to the provisions of Article 13-C of the General Municipal Law, there is hereby established a residen- tial_,area in that portion of the Town of ,Queensbury wholly within the .Lake George ,Park .bounded and described as follows: Beginning on the :westerly shore of Harris Bay,, _Lake ' George, .at the' , southeasterly corner of lands of--.Louis J. Southard and the northeasterly corner of lands of . Witham Enterprises and Associates, running from thence in a westerly direction_along the southerly bounds of tie said lands of Southard and the northerly bounds of the said lands of Witham to. the southwesterly 'corner" of the said,Southard and the southeasterly corner of the lands of .John G. McCormack;.,thence running westerly, being a continuation of the preceding courses, along the ,nor,theXly bounds of the said lands of Withaiii and the southerly bounds of the said lands of McCormack to , a point in the easterly bounds of the lands of Leander H. Brayton; thence running southerly along the easterly bounds of the lands of the said Brayton, and the westerly bounds of. the said Witham to a poi It�i ..the ortherly_ 4 bounds. of .ands of Isa'lea, L. Coon*h nc nni.ng westerly along the northerly bounds of the said highway to a point at the southeasterly corner of lands of the Town of Queensbury and the southwesterly corner of lands , of Charles J. Astrowski and Leonard B. Boyd: thence running northerly along the easterly bounds .of the lands, of the Town of Queensbury to the northeasterly corner thereof, being also the south easterly corner of lands of Robert S. Henry; thence running westerly along the northerly bounds of the lands of the Town of Queensbury and the southerly bounds of the lands of Robert S. Henry, crossing the present Assembly Point Road and the former road, to the northeasterly corner of the lands now or formerly of Gertrude P. Scales; thence running southerly along the easterly bounds of the lands nor or formerly of Gertrude P. Scales, the easterly bounds of the lands of Christian Dantsizen and the easterly bounds of the lands of Ida M. Peppard to the southeasterly corner thereof; thence running westerly along the southerly bounds of the said Peppard and the northerly bounds of the lands of William H. Gleason to the easterly shore of Dunham's Bay, Lake George; thence running along the -shore of Lake George, as the same winds and turns, northerly, northeasterly, southerly and south- easterly to the point and place of beginning. (INSERT) thence running in an easterly direction along the southerly bounds ofAhe lands of the said Witham and a portion. of the northerly bounds of the said lands of 1salea L. Coon to a concrete monument in the northerly bounds of Ne�7 York. State Highway number 9-L, known as the Fort Ceorge-Brayton Connecting Highway; 451 Section 3. On and after the effective date of this ordinance, no person shall use any real property within the boundaries of the aforesaid residential area for any industrial commercial purpose except that any residence within the said residential area may be leased or rented for single private family residential purpose, but this ordinance shall not apply nor prohibit a non-conforming use in existence at the time of the effective date of this ordinance. Section 4. If the Town Board of the Town of Queensbury shall hereafter adopt and enact a general zoning ordinance for the entire Town of Queensbury and any provisions of such general zoning ordinance relating to the use of real property in the said residential area established by this ordinance shall- conflict with or be inconsistent with any provisions of such general zoning ordinance, the provisions of such general zoning ordinance shall supersede the provisions of thin ordinance and shall govern the use of such property. Section 5, . A violation of this ordinance shall be an offense punishable'upon conviction by a fine not to exceed One Hundred Dollars or impriddnment for not to exceed sixty days, or both, and each calendar week's continued violation shall constitute a separate additiona .violation: In addition to the foregoing penalties provided for a violation of this ordinance, the Town Board of the Town of Queensbury shall have 'the right to apply to any court of competent jurisdiction for an order to restrain and enjoin any proposed or threatened violation of this ordinance. Section 6. This ordinance shall take effect immediately. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None On motion the meeting was adjourned. Respectfully submitted, George C. Crannell Town Clerk