1986-07-22 4j
TOWN BOARD MEETING
JULY 22, 1986
TOWN BOARD MEMBERS
Mrs. Frances Walter —Supervisor
Mr. George Kurosaka - Councilman
Mr. Stephen Borgos-_7 Councilman
Mr. Ronald Montesi Councilman
Mrs. Betty Monahan - Councilman
�^ TOWN COUNSEL: Wilson Mathias
PRESS: Glens Falls Post Star, WEND, WBZA
TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Missita
PLEDGE OF ALLEGIANCE LED BY: Councilman Kurosaka
MEETING OPENED: 7:36 P.M.
SUPERVISOR WALTER - Announced that Open Forum will be at the end of the meeting.
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 187, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. George Kurosaka:
RESOLVED, that the Town Board minutes of July 8, 1986 be and hereby are approved.
Duly adopted by the following vote:
.Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None '
RESOLUTION TO ESTABLISH A WATER DISTRICT EXTENSION IN THE TOWN OF QUEENSBURY,
WARREN COUNTY, NEW YORK TO BE KNOWN AS THE SHERMAN AVENUE WATER DISTRICT EXTENSION
NO.1 IN SAID TOWN
RESOLUTION NO. 188, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. George Kurosaka:
WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has
heretofore duly caused a general map, plan and report to be prepared by a competent
engineer, duly licensed by the State of New York, which have been filed in the
Office of the Town Clerk of said Town in relation to the establishment of a proposed
water district extension in said Town, to be known as the Sherman Avenue Water
District Extension No. 1 and
WHEREAS, an order was duly adopted by said Town Board on the 22nd day of April,
1986, reciting a description of the boundaries of said proposed water district
extension, the improvements proposed therefore, the maximum amount proposed to
be expended for said improvements, the proposed method of financing to be employed,
the fact that said map, plan and report were on file in the Town Clerk's office
for public inspection, and specifying the 13th day of May, 1986, at 7:30 O'clock
P.M. , prevailing time, at the Queensbury Town Office Building, Bay and Haviland
Roads, in said Town, as the time when and the place where said Town Board would
meet for the purpose of holding a public hearing to hear all persons interested
in the subject thereof concerning the same; and
WHEREAS, 'such order was duly published and posted in the manner and within the
time prescribed by Section 209-d of the Town Law and proof of such publication
and posting has been duly presented to said Town Board: and
WHEREAS, said public gearing was duly held at the time and place set forth in
said order, as aforesaid, at which time all persons desiring to be heard were
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duly heard; and
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WHEREAS, following public hearing, and upon the evidence given thereat and upon
the general map, plan, and report along with the Notice of Determination of Non-
significance which the Town Board had caused to be prepared in accordance with
the requirements of the State Environmental Quality Review Act concerning the
establishment of the proposed Sherman Avenue Water District Extension No. 1 and
the construction of the improvements proposed thereof, the Town Board duly adopted
resolutions establishing lead agency and making a determination of no significant
environmental impact of the proposed water district extension and the construction
of 'the improvements thereof, i
WHEREAS, following said public hearing, and based upon the evidence given thereat,
said Town Board duly adopted a resolution determining in the affirmative all of
the questions set forth in Subdivision 1 of Section 209-e of the Town Law; and
WHEREAS, following said public' hearing, said Town Board also duly adopted a resolution
approving the establishment of said water district ,extension and the construction
of the improvements proposed thereof, said resolution expressly providing that
it was subject to a permissive referendum as provided by Section 209-e of the
Town Law; and
WHEREAS,, after the expiration of the time for filing a petition requesting that
the matter be submitted to a referendum of the eligible voters of the proposed
district, the Town Clerk duly filed in the Office of the Warren County Clerk,
a certificate stating that no petition requesting that the matter be submitted
to a referendum had been filed with the Town Clerk; and
WHEREAS, permission of the State Comptroller is not required because financing
of the district will not occur by the issuance of bonds as evidence of indebtedness
of said Town, now, therefore, it is hereby
ORDERED; by the Town Board of the Town of Queensbury, Warren County, New York,
as follows,
Section 1. A water district extension in the Town of Queensbury, Warren County,
New York, to be known as the Sherman Avenue Water District Extension No. 1, is
hereby established in accordance with aforesaid order of the Town Board and is
bounded and described as set forth in Schedule "A" attached hereto and made a
part hereof.
Section 2. The improvements proposed for said water district extension including
original furnishings, equipment, or apparatus required in connection therewith,
all as more fully described in the map, plan and report prepared in connection
therewith, is hereby authorized and is estimated to be Twenty-Five Thousand Dollars
($255000.). The $25,000 cost of said improvement shall be financed by surplus
funds not otherwise appropriated, payable in the first instance for the several
lots and parcels of land within the water district extension in the same manner
and at the same time as other town charges and as guaranteed by Cobe, Inc. in
accordance with and pursuant to Section 277 of the Town Law.
Section 3. The Town Clerk is hereby authorized and directed to cause a certified
copy of this order to be duly recorded in the office of the Clerk of Warren County,
New York, within ten (10) days after the adoption of this order by this Town Board
and to file a certified copy thereof within that time in the Office of the State
Department of Audit and Control, in Albany, New York, both pursuant to Subdivision
1 of Section 209-g of the Town Law. When so recorded, such order shall be presumpt
evidence of the regularity of the proceedings for the establishment of said Sherman
Avenue Water District Extension No. 1, of the proceedings instituted for the construction
of the improvements herein before described and of all other action taken by said
Town Board in relation thereto.
Section 4. This order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on
roll call, which resulted as follows:
Betty C. Monahan Voting yes
Ronald S. Montesi Voting yes
Stephen J. Borgos Voting yes
' GGs
George Kurosaka Voting yes
Frances J. Walter Voting yes
The order was there upon declared duly adopted.
RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR LANDS EXTENDING TOWN HIGHWAY
KNOWN AS QUEEN DIANA LANE
RESOLUTION No-189, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. George Kurosaka:
WHEREAS, William Kostechko has executed and offered a deed for Town Roadway not
less than fifty (50) feet in width approximately 877 feet in length extending
in a northerly direction off Aviation Road between Eldridge Road and Mountainview
Lane, and
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury,
has advised that he has made the necessary inspection of the right of way clearing,
sub-base preparation, drainage implementation, and surface treatment and finds
that such work has been performed in accordance with the standards and requirements
of the Town of Queensbury, and he recommends that the Town Board accept this land
for highway purposes into the Town Highway system, and
WHEREAS; Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury,
has advised that he has made the necessary inspection of Water Line Installation
in the proposed highway which is located within the geographical boundaries of
the Queensbury Consolidated Water District and finds that said installation has
been made in accordance with the standards and requirements of the Town of Queensbury
and that he recommends that the Town Board accept this land insofar as the water
line installation is concerned, and
WHEREAS, a final title insurance policy to the land proposed to be conveyed has
been approved by Wilson S. Mathias, Esq. , Counsel to the Board,
NOW, THEREFORE, BE IT
��. RESOLVED, that the afore-mentioned deed be and the same is hereby accepted and
approved and that the Town Clerk be 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 and maintained in the Office of the Town Clerk of the
Town of Queensbury, and be it further
RESOLVED, that -this road extension be hereby added to the official inventory of
Town Highways, to be described as follows:
Road No. 420 Description: North/South
Name: Queen Diana Lane (extension) ; Feet: 877
Duly adopted this 22nd day of July by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter
Noes: Mrs. Monahan
Absent: None
COUNCILMAN MONAHAN - Stated that there was not enough time to get out and look
at the road before the meeting.
SUPERVISOR WALTER - Stated that she put it on the agenda knowing that this was
the feeling of the Board that if they didn't have time to get out there, that
------ they may not be able to act on it.
SUPERVISOR WALTER - Suggested the Highway Committee sit down with Mr. Naylor and
go over revisions regarding the standards for new roads.
COUNCILMAN MONAHAN - Stated that she was unhappy with the look of some of the
roads that have been accepted not too long ago.
SUPERVISOR WALTER - The Town Board has the authority to accept roads but have
always done so on the basis that the Highway Superintendent thought that they
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were done according to specifications.
RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR LANDS EXTENDING TOWN HIGHWAY
KNOWN AS FOX HOLLOW LANE
RESOLUTION NO. 190, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. Stephen Borgos:
WHEREAS, Lucille E. Weaver has executed and offered a deed for Town Roadway not
less that fifty (50) feet in width extending Fox Hollow Lane from its present
terminus in a southerly direction to the intersection of Dartmore Drive.
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury,
has advised that he has made the necessary inspection of the right of way clearing,
sub-base preparation, drainage implementation, surface treatment, curbing and
seeding and finds that such work has been performed in accordance with the standards
and 'requirements of the Town of Queensbury, and he recommends that the Town Board
accept this land for highway purposes into the Town Highway system, and
WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury,
has advised that he has made the necessary inspection of Water Line Installation
in the proposed highway which is located within the geographical boundaries of
the Queensbury Consolidated Water District and finds that said installation has
been made in accordance with the standards and requirements of the Town of Queensbury
and that he recommends that the Town Board accept this land insofar as the water
line installation is concerned, and
WHEREAS, the title to the land proposed to be conveyed has been approved by Wilson
S. Mathias, 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 be hereby authorized and directed to cause said
deed to be recorded in the Warren County Clerk's Office of the Town of Queensbury,
and be it further
RESOLVED, that this road extension be hereby added to the official inventory of
Town Highways, to be described as follows:
Road No. 387, Description: North/South
Name: Fox Hollow Lane (extension): Feet 1,098.49
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Airs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE AGREEMENT WITH THE QUEENSBURY ECONOMIC
DEVELOPMENT CORPORATION
RESOLUTION N0.191,Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Betty Monahan.
WHEREAS, The Town of Queensbury recognizes the need to relieve and reduce unemployment,
promote and provide for additional and maximum employment and to encourage the j
development of industry within the Town, including but not limited to the developmei!
of the Queensbury-Glens Falls Falls Industrial Park and
WHEREAS, the Queensbury Economic Development Corporation, a not-for-profit corporation
organized to further the aforesaid purposes by means set forth in §1411 of the
not-for-profit corporation law, including but not limited to the power to acquire
by purchase, lease, gift, bequest, or devise or otherwise real or personal property
or interests therein, to borrow money and to issue negotiable bonds, notes and
other obligations therefore and to make loans, provide working capital, and otherwise
invest in industrial, manufacturing, and technical facilities within the Town
of Queensbury:
NOW, THEREFORE, BE IT
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RESOLVED, that the Town of Queensbury shall pay the Queensbury Economic Development
Corporation $250,000 to further said purposes in accordance with the terms of
the annexed contract, and be it further
RESOLVED, that the Town Supervisor of the Town of Queensbury is authorized to
sign such contract:
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
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�-- Noes: None
Absent: None
SUPERVISOR WALTER - Noted that the $250,000 that the Town would be paying in the
first Resolved 'is money that we will be dealing with in our transfer later on
but has been earmarked for economic development and basically it is through any
excess of sales tax received in the last two years.
RESOLUTION TO RETAIN ENGINEER
RESOLUTION NO.192, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mr. Stephen Borgos:
WHEREAS, the Town Board wishes to pursue the extension of the Sherman Avenue Water
District, to include an area of Peggy Ann Road.
NOW, THEREFORE BE IT
_RESOLVED, that the Town Board will retain the engineering services of Charles
H. Scudder, P.E. for an amount not exceeding $4,800. in the preparation of a map,
plan and report for said water district.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
SUPERVISOR WALTER - Stated that Mr. Scudder did a study and then did the final
report for the Sherman Avenue Water District. We are looking at an area along
the Peggy Ann Road to incorporate lands that used to be Kings Plantation and a
new development that has come before the Planning Board,that section would be
an extension of that study, therefore he would be continuing something he has
already started.
COUNCILMAN BORGOS - Looking at the amount involved, asked of we were nearing
the point where it would pay the Town to have a Town Engineer?
SUPERVISOR WALTER - I have considered for sometime that we should have a Town
Engineer and we might be approaching that area.
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO. 193, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
"! RESOLVED, to transfer $250,000. from A3320909 to A2359961900 to H382356410300
for Queensbury Economic Development Capital Reserve.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
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SUPERVISOR WALTER - Noted that the Economic Development Corp. will have their
own set of books, their own bank account and will be operating under the Corporate
Law of the State of New York.
RESOLUTION OF APPRECIATION
RESOLUTION NO,194, Introduced by the Entire Town Board who moved for its adoption:
WHEREAS, Dr. Russell Taft of Farm to market Road, Queensbury, a prominent Hybridizer
is registering some of his hybrid daylilies with the Hemerocallis Society for
the first time in 1986, and
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WHEREAS, Dr. Taft has honored the Town of Queensbury by naming one of these daylilie
(yellow, diamond dusted with wide petals, large blossoms, sturdy stem and a high
bud count) QUEENSBURY FIRST, and
WHEREAS, the Town Board feels that this daylily is aptly named since Queensbury
is a first class town; the sturdy, strong stem reflects the character of our people
and of the town; the heavy branching, the diverse areas of the town; the high bud
count, the many talents and skills of our residents; and the beatuy of the blossom. the beautv ,
of our area
NOW, THEREFORE BE IT
RESOLVED, that the Town Board recognizes the many years of effort, diligence and
study that Dr. Taft has expended to hybridize this beautiful daylily, and be it
further
RESOLVED, that the Town Board thanks Dr. Russell H. Taft for his work and for
his so honoring this town. We are sure that the QUEENSBURY FIRST will become
known throughout the world of daylily growers and that this beautify flower will
bring joy to many.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None '
COUNCILMAN MONAHAN - Showed the people of the Town of Queensbury attending the
Town Board Meeting the Lily named Queensbury First Hybridized by Dr. Russell Taft.
Pointed out the strong structure of the flower and referred to it as representing
the strength of the people in the Town of Queensbury. The yellow is the color
of Queensbury flower.
TOWN COUNSEL: Mr. Mathias addressed Supervisor Walter with the discussions he
had with the Planning Board regarding making some changes in the zoning ordinances,
one of which is creating some pressure in different neighborhoods and would like
the Board to consider setting a Public Hearing on this matter. The first suggested
change by the Planning Board is to move the duplex use as a permitted use from
all zones except for UR5 and put duplexes under site plan review type two. Anyone
wishing to establish a duplex would require review first by the Planning Board.
The other change is one that the Town Board discovered when we made up changes
in connection with Mobile Homes Zones permitted in the States Avenue area. Those
areas are currently zoned UR 5 which is a classification that doesn't make a lot
of sense in that area and the Planning Board recommended that be amended to UR10.
The only permitted use under UR5 are office buildings, duplexes which are not
really consistent in that area, I would ask the Board to consider setting a Public
Hearing on the proposed changes.
RESOLUTION TO SET PUBLIC HEARING AMENDING ZONING ORDINANCE TO PROVIDE ADMINISTRATIVE'.,,.,,
REIVEW FOR DUPLEX USE IN UR-10, SR-lA, SR-20 & SR-30 ZONES, AND CHANGE "STATES
AVENUES" CLASSIFICATION FROM -UR-5 TO UR-10
RESOLUTION NO. 195, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. George Kurosaka:
,WHEREAS, the Town Board of the Town of Queensubry has received written recommendations
by the Town Plannng Board for the change of land use classification and the review
process for duplexes within the Town, and
WHEREAS, the Town Board has determined that there is a need for public input and
comment on revising the Zoning Ordinance to change the zone classification in
the " States Avenues" from UR-5 to UR-10 (map change) and to permit duplexes in
UR-10, SR-lA, SR-20 and SR-30 only after Site Plan Review (Type II) , and
Whereas, the proposed amendments have been prepared, a copy of which is attached,
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of said
-- amendments to the Zoning ordinance and that said public hearing be held at 7:30
P.M. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland
Roads in the, Town of Queensbury, Warren County, New York on the 12th day of August
1986 at which time all persons interested in the subject thereof will be heard,
and be it further
RESOLVED, that the Town Clerk be hereby directed and authorized to publish and
provide notice of said public hearing as may be required by law, and
BE IT FURTHER, RESOLVED; that copies of the amendments be forwarded to the Warren
County Planning Board and the Adirondack Park Agency.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
COUNCILMAN MONTESI - Asked where we stood with the sign ordinance?
TOWN COUNSEL - Reviewed the 1976 sign ordinance and spoke on the sign moratorium
COUNCILMAN MONTESI - Questioned if we should wait until after the tourist season
before any changes were made amending the sign ordinances?
TOWN COUNSEL - The Town Board as an active legislation should direct the Building
and Zoning Dept. to be prepared to proceed after August 14 to begin this process,
and this would not be completed overnight.
COUNCILMAN BORGOS - Stated that it should be done one way for everybody or not
at all. That if variances were going to be granted then everyone should have
the' right to be heard and request a variance.
COUNCILMAN KUROSAKA - Noted that there may be 'a problem in some cases where there
is an area variance be of a hill, tree or a group of trees in the way and
that that is still going to exist today.
COUNCILMAN MONAHAN - Stated that if the background was looked into, a good many
' of these variances were given to the applicant and at the time they were informed
that in August 1986 they would have to conform but they knowingly went ahead and
made that investment anyways.
'COUNCILMAN MONAHAN - Stated that we had a problem with the junk car definition
and with the whole junk yard ordinance.
SUPERVISOR WALTER - Noted that they would move onto other things and perhaps set
a public hearing for that later.
CGIiMUNICATiONS
- Letter regarding sale of surplus lands Quaker Road
Bid Openings - Quaker Road Property
Stewarts Ice Cream Co.
Saratoga Springs
N.Y. $60,000.00 non col. attached
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Della Pontiac
Quaker Road
Glens Falls, N.Y. $100,000.00 non col. attached
0. A. Boychuck
Mark Plaza
Queensbury, N.Y. $105,000.00
Passonno Paints Inc.
500 Broadway
Watervliet, N.Y $116,059.99
Richard C. Rogge
Glens Falls
New York $101,000.00 non col. attached
Ltr.-on file-Town Counsel Wilson Mathias . . ."Based upon the foregoing it is my
recommendation that the Town Board sell the surplus property to P.C. Realty for
the sum of $116,059.99
DISCUSSION HELD: It was agreed that Pine View Cemetery will be given 10% of the
bid price. . .and the balance will be earmarked for Recreation Purposes, Land Acquisition
or Capital Improvements for Recreation—Supervisor Walter noted that the land
we have in the Pine View inventory will bury people for the next two hundred years. . ..
RESOLUTION TO ACCEPT BID
RESOLUTION NO. 196, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, the Board of Cemetery Commissioners for the Town of Queensbury has determined
that a 3.22 Acre Parcel of Land on Quaker Road is not suitable for burial purposes,
and
WHEREAS, upon the recommendation of the said Commission the Town Board hereby
finds that such property is surplus Town Property, and
WHEREAS, the Town Board requested the Town Clerk to advertise for bids for the
sale of 3.22 Acres of Land on Quaker Road and
WHEREAS, on July 15, 1986 five bids were received and opened by the Town Clerk
and such bids were then turned over to the Town Counsel and the Town Board, and
WHEREAS, by letter Town Counsel has recommended that the bid be awarded to P.C.
Realty in the amount of $116,059.99, NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid
of F.C. Realty of Watervliet, N.Y. in the amount of $116,059.99 and be it further
RESOLVED, that ten percent of the bid be given to the Pine-View Cemetery Fund
and the balance be used for Recreational Purposes, Recreation Land acquisition
and Recreation Capital Expenditures.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
COUNCILMAN MONTESI-Spoke about a problem in Queensbury1water was running down
a road, it was noted that the water was coming from the ice company; no permission
has been given to run the water down Queensbury Road, this is a county road and
they are addressing the problem. . .
OPEN FORUM
8:44 P.M.
MARILYN ARONSON-I am involved with a project at the TOP 0' WORLD where I entered
into a purchase agreement last year, I picked out a site on July 15, 1986. On
August 15, I put down a down payment, I have some. disagreement with the information
that was in the minutes of July' 8th meeting in which Peter Cornelt and Mr. Eats
presented to the Board and consequently got the approval of a major site change.
In the minutes of the meeting Mr. Eats said, the point I want to make is that
these units shown on the map are units already constructed either in total or
framed, already in the ground, some are different from the original plan. He
showed the Board the actual location the survey crews made of the site so they
would know exactly where the units are on the approved plan. Improved plan, I
disagree with entirely, because I have been working on my unit for a year, we
�,. are six months past our closing 'date at no fault of my own. On May 14th we received
a letter stating that they are going to take a pool out of the ground that had
been installed in October or November of last year, ' the physical pool that was
in the ground was our guarantee that the land to the right of my unit would never
have buildings put on it because in the offering plan as part of the purchase
agreement that area was called common area. We had no idea that we had to put
in writing that no building would be put to the side of us because as I said the
physical pool was there. When they said they were going to take the pool out
the only way to complain was to go to them and they offered to buy the unit back,
we spent many hours and dollars in customizing my unit. They claim I have no
special view to the east and I claim that I do, (showed the Board pictures of
before and after construction of the additional building) The minutes stated
that the other changes to the buildings was because of the very wet area, almost
impossible to build on. . .there have been no written records that prove that something
had to be done, plus in the agreement there is only one sentence in the offering
plan that they say they are covered by and that is the right to change or alter
on the site if the ground or contour of the land decrees it. First of all to
- change or alter is one thing, in the minutes Councilman Borgos asked if the movement
would be about 25' Mr. Eats said yes, the intention was not to change the overall
planning just minor adjustments, the design is still intact. I have measured
that and it is over a fifty foot change from the original site not including the
deck that is to be added on. Supervisor Walter, asked what happens when a building
is moved and a buyer already has a unit and the building going up next to him
is not what he perceived when he was in the sales office or it restricts him from
doing what he wants to do or see. Mr. Eats said the units are shown to the buyer
as a whole concept and as part of that concept we may because of certain building
restraints have to move a specific building already detailed out in the planning.
If it 'is a drastic change it is dictated by the Attorney General's Office that
we.o.ffer the purchaser the right of decision of relocation or right to back out
of the contract. After a year in planning and customizing a unit and I already
put out thirty five thousand dollars into this unit and went a year ago to pick
out the site, I do not think it is fair for them two weeks before closing for
them to say we will purchase your unit back or relocate you. I feel there is
no other unit they could relocate me to. (pictures shown) the Court case that
I was in with Top 0' World is not for money it is not for anything but to have
the original foundation put back into its location not a fifty foot major change. .that
did not come before 'the ,Town Board for approval. When I called they told me that
they could do what they had to do because they made a decision with the Building
Inspector. I checked that with the Building Inspector and he told me that he
had given them permission to move it a few feet he had no idea that they moved
fifty feet or more. He said he would check into the matter, that there was a
rock ledge and wet areas that could have been overcome. In all of the office
plans and all the engineers reports, everything was covered by the Town of Queensbury,
every map filed with the Town of Queensbury and there is one map that shows 15%
of land that is supposed to be 'common property and I can't seem to get my hands
on that map.
COUNCIL MONTESI - Asked what the final disposition was, regarding the court case
she was in with the developers, was it that she wanted them to move the foundation?
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MRS. ARON80N Yes, I asked .them to stop building and come to the Town Board and
get written approval and they didn't. I went to my attorney, wrote a letter and
started an injuction and got a temporary restraining order and went for a permanent
injunction. The permanent injunction was denied and the foundation was already
in the ground. The judge had not been made aware of the fact that they had not
. come for approval first. My unit is so unique that it is not something that they
can just buy back or replace, does somebody have the right to make such a major
change without consulting the owner? I took these pictures and the next day I
received a letter saying I was not allowed on the site anymore. I spoke to the
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"A and their answer was that they did not want to blast into the slope with
dynamite, that was all taken care of in the permit when site plan approval was
given by the APA and the Town of Queensbury and those sites were gone over and
were there for a reason.
COUNCIL MONTESI -Asked what the final disposition was in court?
MRS. ARONSON - The decision was that I could go on with my law suit but the problem
is that we didn't put in the law suit that they hadn't gone through the proper
procedures and I have been made aware that companies know that if they put the
foundation in the ground first, it is very hard to get a court of law to say they
have to take them out even if they are wrong. The court says you can get damages
, and they are willing to pay money but that is not what I want, I just want the
original site that I purchased.
COUNCILMAN BORGOS - Are you still in court?
MRS. ARONSON - Yes, I am in court now and what we will probably do is drop the
law suit because to get permanent injunction I would have to start all over again
saying that they didn't go through proper procedures and then bring in the Town
of Queensbury, Building Inspector and I really don't want to go through that expense
if it can be taken care of in other ways.
COUNCILMAN BORGOS Asked if there wasn't one other unit that would give her the
same view?
MRS. ARONSON - I said if they would give me Unit 18 and do it the same way I had
done originally and they said they could not as it was sold.
SUPERVISOR WALTER - Referred to Town Counsel.
TOWN COUNSEL - I had made a motion to squash the subpoena for Mr. Roberts to appear
at the hearing because based on the information I had it appeared to be a law
suit between two private parties, Mr. Roberts ought not testify in those proceedings.
MRS. ARONSON - My question to the Board is when this PUD was in the offering plan
and 'I signed the purchase agreement. . .how can anybody be guaranteed any assurance
in the Town of Queensbury that a major change was made without going to you or
notifying the person who is directly involved. . .
COUNCILMAN MONTESI-Asked Town Counsel, if we do nothing and Ms. Aronson is successful
in a lawsuit there may be some liability on the Town's part for allowing a move
of a few feet. . .
TOWN COUNSEL-Yes.
COUNCILMAN MONTESI-The other scenario for us is, to take some action and I do
not know what that would be.
TOWN COUNSEL-This matter was before the Town Board at the last meeting and as
I understand it there was a conditional approval of the relocated buildings, the
conditions being that the Town be provided with as built survey locating where
the buildings were. . .so we can then see where they are in comparison to the information
that we had.
MRS. ARONSON-I am finding out in a Court of Law that once the foundations are
in the ground it is very hard, . even if you are right, to get the people to move
the foundations that is why it is important to not allow that to happen. . .
TOWN COUNSEL-That maybe with respect to a private individual but I think our ordinance
does provide the zoning administrator with the authority to issue a stop work
order. If we say someplace in that ordinance that if information had there been
a material misrepresentation to the Board with respect to any facts that a stop
work order can be issued. If there was found that there was a variance between
what was described to us and what actually exists that could serve as a basis
for issuing a, stop work order.
COUNCILMAN BORGOS-How far along are they now?
MRS. ARONSON-It is just foundation. . .
COUNCILMAN MONAHAN-Questioned if the land adjacent to the pool area, is staying
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common area?
'MRS. ARONSON-I cannot locate that map. . .
COUNCILMAN MONAHAN-Asked the Town Clerk to review the minutes of the meetings
regarding the PUD at Top 0' World and make copies for the Town Board.
SUPERVISOR WALTER-I feel badly for what has happen to you as an individual in
this particular situation. . .as far as the Board making any determinations or actions
on the strength of your photographs and what you have told us they want to do
some more research.
MRS. ARONSON-The main question is, should they have come to the Town Board to
get approval before they put those foundations in the ground?
SUPERVISOR WALTER - I will make sure that specific question is answered for you.
DONALD CLANCY - 6 Greenway Drive, I received notice today regarding two obstructions
'on town property where my property borders a yard light and a hedge. The hedge
definitely is on town property it says further on, asking me to remove it, if
[ I fail to do so"the town may remove the obstruction and charge me with the removal
r/ cost, does this mean that the town may also choose not to remove it?
TOWN COUNSEL - If the town is going to institute any proceedings for removal of
obstruction in a highway' there is a provision in the highway law that we would
have to follow, obviously you would get more than a mere letter by ordinary mail
by me. I think that the reason for these letters is that the Town is very much
concerned about the liability issue that everyone has read about in the paper,
where we are involved in law suits claiming large amounts of dollars and one of
the reasons for this letter is to advise persons who do have items of property
in the town right away that if a law suit ensues the town may very well be looking
to the property owner, that we are not liable for the damages if there is an injury.
DONALD CLANCY - Asked if the owner would be liable.
TOWN COUNSEL - Yes.
DONALD CLANCY - Stated that the yard light was not his.
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COUNCILMAN MONTESI - ,Stated that Mr. Mathias's letter was also to make people
aware that if for some reason the Highway Dept. has new inexperienced help that
doesn't see that hedge and takes it down, the town is not responsible for it.
SUPERVISOR WALTER - The Town Board went out on their annual tour in May and' we
also saw some of the things we considered extremely dangerous in the right away,
so the letter which was composed by our Counsel and refers to an article in the
Town Law is to put you on notice that you do have liability if you wish to keep
it.
DOROTHY BURNHAM - Boulderwood Drive, stated that about a month ago she had written
a letter concerning a building being constructed on Pickle Hill Road and I would
like to inquire what is being done about the situation, particularly in view of
the fact that construction is proceeding.
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SUPERVISOR WALTER - I do have your letter and when it was received, it was referred
to the Building and Zoning Office and after receiving their comments, I am sure
you will have a written response to your letter.
COUNCILMAN MONAHAN - I think we decided there was two alternative that can be
done and I .think it is something we would like to see how the neighbors would
I like it approached as to which one of these alternatives would be followed.
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�-- DOROTHY BURNHAM - I will wait to hear from you.
AL GREENO - Corinth Road, George and I went up to West Side and went through
their junk yard around the first of July and he tells me that the town has withheld
their license until such time they have met the requirements now I would like
to know if they are just going ahead and doing business without a license.
230
COUNCILMAN KUROSAKA - I spoke with Mr. Lebowitz and he understands the problem
with the neighbors and left me with the comment that he wanted the cleanness and
nicest wrecking yard in the Northeast, he does have some money to work with this
time so maybe he will.
COUNCILMAN MONTESI - Asked how long between the refusal of a license and the
time they get to conform and if they don't conform what do we do?
COUNCILMAN KUROSAKA - Stated that they are doing the landscaping and are working
on it, noted that this was a holding yard for junk now he wants to put the whole
pperation there.
TOWN COUNSEL - If hg doesn't comply he doesn't get a license and he has two alternatives
gone seek an injunction and restrain him from operating , two the ordinance says
each day he is in violation there will be a fine of $100.00 a day.
AL GREENO - Then it will drag out for years in court.
SUPERVISOR WALTER - That is the law and it is the Towns responsibility to do something
about it, and Mr. Kurosaka is working on this coordination with the Building Department.
AL GREENO - Stated that Mr. Lebowitz said he would put up a steel building like
the one across the street.
SUPERVISOR WALTER - Who did he say this to?
AL GREENO - To the Town Board, right here in January.
SUPERVISOR WALTER - I don't believe he was before the Town Board perhaps it was
the Zoning Board or Planning Board.
'RICHARD CUNNINGHAM - Passonno Paints, just want to pledge that if we are awarded
that property we will do a good job.
SUPERVISOR WALTER - You have been awarded the bid, you have to be notified in
writing., Asked Town Highway Supervisor how the paving was going?
PAUL NAYLOR - Town Highway Superintendent, on schedule.
COUNCILMAN BORGOS - Commended on how great the Highway Department was doing their
job. Noted that in January voting was done on salaries and thought the Board
should at some point very soon sit down and try to correct some of them.
COUNCILMAN BORGOS - Asked if we had written a letter regarding the serious problem
of traffic going out exit 19. If not could we ask the state to address this problem,
,whether it be widening the bridge, putting new access lanes, installing a traffic
light, what ever it is going to take to clear up that problem.
SUPERVISOR WALTER - We haven't done one recently but we have done one, again I
would have to say that it is the plan of the state to widen the bridge for the
movement of traffic. We do have this regional urban transportation council and
it appears to me that it is through that council that most of the work in the
area or the decisions are made.
COUNCILMAN BORGOS - Why don't we send a letter anyways, it can't do any harm?
SUPERVISOR WALTER - Yes, why don't we do that to address the situation. I have
asked them to address the traffic light and realignment not to add anything. -
DISCUSSION - Held regarding Open Forum- it was agreed that Open Forum would be 1,
held at the beginning of the meeting for one half hour only. If people have anything
further they want to say they. can write letters to the Board ahead of time, then
come and appear and perhaps expect an answer from the Board, or they can call
,during office hours and let my office know what their problem is and we can get
some information that can be discussed.
RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RESOLUTION NO.197 Introduced by Mrs. Frances Walter, who moved for its adoption
and seconded by Mr.
Stephen n Bor
gos.
RESOLVED, that Audit of Bills as appears on July 22, 1986 Abstract and numbered
2077 and totaling $2,986.00 be and hereby is approved.
Duly adopted by the following vote:
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Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
,RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION N0. 198, Introduced by Mr. Stephen Borgos who moved for its adoption,
seconded by Mr. George Kurosaka:
RESOLVED,that the Town Board hereby moves into executive session to discuss Personnel
matters.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
,Noes: None
Absent: None
On motion the meeting was adjourned.
RESPECTFULLY SUBMITTED.
DARLEEN DOUGHER, TOWN CLERK
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Al