1983-05-10 161
TOWN BOARD MEETING MAY 10 , 1983
TOWN BOARD MEMBERS
MRS. FRANCES WALTER-SUPERVISOR
MR. DANIEL OLSON-COUNCILMAN
DR. CHARLES EISENHART-COUNCILMAN
MR. DANIEL MORRELL-COUNCILMAN
MRS. BETTY MONAHAN-COUNCILMAN
MR. WILSON MATHIAS-TOWN COUNSEL
PRESS : G. F. POST STAR , WBZA
TOWN OFFICIALS : MR. PAUL NAYLOR , MR. CORNWELL , MR. LYNN , MR. DEAN
GUESTS : MR. DAIRE , MR. TURNBULL , MR. MARK NEWTON AND FAMILY
MEETING OPENED 7 : 36 P. M.
PUBLIC HEARING-
MOBILE HOME APPLICATION OF DONALD AND .LANE PELTIER OF CORINTH RD.
TO LOCATE A MOBILE HOME ON CORINTH ROAD. . . MR. AND MRS. PELTIER WERE
PRESENT NOTICE SHOWN
SUPERVISOR WALTER- ASKED FOR ANYONE INTERESTED IN THE APPLICATION TO
NOW SPEAK . .NO ONE SPOKE
COUNCILMAN EISENHART- QUESTIONED THE AGE OF THE MOBILE HOME 1969 . . .
COUNCILMAN OLSON- NOTED THAT THE PEOPLE HAD PURCHASED THE MOBILE HOME
AND WERE NOT AWARE OF ANY PERMIT BEING NEEDED. . .
MR. LYNN- THE MOBILE HOME WAS ON THE PROPERTY UNDER THE PERMIT OF ANOTHER
OWNER. . . NOTED THAT WE ARE NOT PLACING A -MOBILE HOME JUST TRANSFERING
TITLE , IF THEY WERE PLACING A MOBILE HOME ON THE PROPERTYjTHEN THEY WOULD
HAVE TO COMPLY WITH THE 1974 STANDARD SET BY THE TOWN. . .
4
CV UNCILMAN OLSON- IF THE ORIGINAL PEOPLE HAD STAYED THERE WE WOULD NOT
HAKE THE APPLICATION BEFORE US .
MR. PELTIER- NOTED THAT THE RESIDENCE HAD TWO DOORS GOING OUT THEFRONT
AND ONE OUT THE BACK .
SUPERVISOR WALTER- THE CONCERN THAT THE BOARD HAS WITH AN OLDER MODEL
THAN A 1974) HAS TO DO WITH THE STANDARDS THAT WERE REQUIRED AND THEY
ARE REALLY SAFETY FEATURES AND I THINK THAT IS THE REASON THERE ARE
SOME QUESTIONS HERE.
ASKED FOR INPUT FROM THE PUBLIC , HEARING NONE THE PUBLIC HEARING WAS
CLOSED 7 :41 P. M.
RECESSED AS TOWN QJARD AND CONVENED AS THE QUEENSBURY BOARD OF HEALTH
LTR.
APRIL 25 , 1983
TOWN BOARD
TOWN OF QUEENSBURY
BAY ROAD
GLENS FALLS , NEW YORK 12801
RE : HOMER ECKERSON
RD2 OGDEN ROAD
GLENS FALLS , N .Y. 12801
DEAR BOARD MEMBERS :
LAST YEAR AT THIS TIME I WROTE CONCERNING MR. ECKERSON 's
APPALLING LIVING CONDITIONS ON OGDEN ROAD. OVER THE WINTER ME
LIVED ELSEWHERE BUT NOW HAS RETURNED TO HIS TRAILER. THIS
TRAILER WAS UNINHABITABLE LAST SPRING AND NOW IS IN WORSE SHAPE.
MR. ECKERSON HAS NOT AGREED TO ANY OF THE ALTERNATIVES TO LIVING
IN HIS TRAILER WHICH HAVE BEEN SUGGESTED BY MR. LAPHAM OF SOCIAL
SERVICES.
162
I RECOMMEND THAT THE BOARD DECLARE THIS TRAILER UNFIT FOR
HUMAN HABITATION ; NOT ONLY IS IT UNSAFE FOR MR. ECKERSON BUT
ALSO A HEALTH HAZARD FOR THE NEIGHBORHOOD.
THANK YOU FOR YOUR ATTENTION TO THIS MATTER.
SINCERELY ,
/S/
JGD : JDH JOHN G. DIER, M. D.
HEALTH OFFICER
DISCUSSION HELD- SUPERVISOR WALTER ASKED THAT THE BOARD SET
A PUBLIC HEARING AND DECLARE-_THIS A HEALTH HAZARD. . .
COUNCILMAN MORRELL- IS HE HURTING PEOPLE? COUNCILMAN OLSON-
IT IS A PITIFUL SITUATION-A YEAR AGO LAST WINTER I VISITED THE
SITE WITH A PUBLIC HEALTH NURSE-.AT THAT TIME THERE WAS NO ELECTRICITY
AND VERY LITTLE HEAT , NO REFRIGERATION , NO RUNNING WATER, WE ATTEMPTED
TO REMOVE HIM FROM THERE TO LIVE SOME PLACE ELSE AND HE WOULD NOT LEAVE.
SUPERVISOR WALTER- MR. ECKERSON WILL HAVE TO BE NOTIFIED AND I AM
SURE SOCIAL SERVICES WILL WORK WITH HIM'" . . . AS I HAVE SPOKEN TO MR.
LAPHAMJTHERE WILL BE A HOME FOUND FOR MR. ECKERSON . . .NOTED THAT THE
DEBRIS THAT WAS REMOVED LAST YEAR IS MOUNTING UP AGAIN AND THAT IS
PART OF WHAT CONSTITUTES A HEALTH HAZARD. COUNCILMAN MORRELL-IF HE
LIVED UP IN THE ADIRONDACKS LIKE ADIRONDACK SAM THEY WOULD HAVE HIM
-EULQGIZS) AND IN THE ADIRONDACK MUSEUM AT BLUE MT. LAKE. . . COUNCILMAN
MONAHAN- I DO NOT THINK YOU WOULD SAY THAT DAN AFTER YOU SEE THE
CONDITION IT IS IN NOW. . . COUNCILMAN MORRELL- I SAW IT LAST YEAR-
HERE IS A MAN WHO WE ARE BUTTING IN AN TRYING TO FORCE HIM TO CHANGE
WHAT HE WANTS TO DOjHE IS ON IN HIS YEARS AND BAD AS IT IS� THAT IS
ALL HE KNOWS AND EVIDENTLY THAT IS WHAT HE WANTS . HE OWNS THE LAND
DOESN 'T HE? COUNCILMAN OLSON- HE PAYS THE TAXES . . . 000NCILMAN MONAHAN
HE ONLY HAS A PIECE OF THE TRAILER LEFT TO LIVE IN . . . . SUPERVISOR
WALTER- WHAT WE ARE CONCERNED ABOUT IS THE FACT THAT THERE IS GARBAGE,
THERE ARE RATS BEING BROUGHT INTO THE NEIGHBORHOOD , THERE ARE HOMES
ON EITHER SIDE OF HIM AND ACROSS THE STREET, HE IS NOT LIVING IN THE
HILLS WHERE IT DOESN ' T BOTHER OTHER PEOPLE . COUNCILMAN MORRELL-WAS
HE THERE FIRST? SUPERVISOR WALTER-THE LAND BELONGED TO HIS FAMILY
IT MAY STILL BELONG TO HIS FAMILY. . . THE HOUSING UNIT THAT WE ARE
TALKING ABOUT NOW AND WHAT HE IS LIVING IN WAS ASBAD AS . , IN FEBRUARY
THERE WAS A FIRE AND THE ROOF CAVED IN , DON 'T QUOTE ME ON THE DATE ,
THERE IS NOT ANY STRUCTURE. COUNCILMAN MORRELL- I CAN SEE THAT , BUT
SUPERVISOR WALTER- OUR CONCERN IS FOR THE NEIGHBORHOOD AS WELL AS
FOR MR. ECKERSON , I FEEL A LOT LIKE YOU DO AND I THINK WHEN BETTY AND
I DROVE OVER THERE OUR CONVERSATION IN THE CAR WASJWE DO NOT CARE
TO BUTrIN ON PEOPLE 'S BUSINESS AND HOW THEY WANT TO LIVE AND THEIR
LIFESTYLES BUT AFTER PULLING UP AND SEEING THE SO CALLED DWELLING.,
AND NOTING THE YARD AND JUST WHAT HE IS LIVING WITH) WE SURE CHANGED
OUR POINT OF THINKING. I THINK IT WOULD BE WORTH THE BOARD TO GO
OUT THERE AND LOOK AT IT , AND CONTRACT THE SOCIAL SERVICES .
RESOLUTION TO SET PUBLIC HEARING
RESOLUTION NO . 2 OF 1983
WHEREAS , THE QUEENSBURY BOARD OF HEALTH HAS RECEIVED A LETTER
FROM DR. DIER REQUESTING THAT THE BOARD OF HEALTH DECLARE THE
TRAILER OF MR. ECKERSON OF OGDEN RD UNFIT FOR HUMAN HABITATION AND j
WHEREAS , THE TOWN BOARD DOES AT THIS TIME DECLARE THE TRAILER
OF MR. HOMER ECKERSON OF ODGEN ROAD UNFIT FOR HUMAN HABITATION AND
A HEALTH HAZARD , NOW .THEREFORE BE IT
RESOLVED, THAT THE _bWN BOARD OF THE TOWN OF QUEENSBURY AS THE
QUEENSBURY BOARD OF HEALTH WILL HOLD A PUBLIC HEARING ON THIS
HEALTH. HAZARD ON MAY 24TH 1983 AT 7 : 3Q P. M. AT THE OUEENSBURY
TOWN OFFICE BUILDING, BAY AND HAVIL:AND RDS. GLENS FALLS , N.Y.
12801 .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. BESENHART , MR. MORRELL , MRS , MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
163
ON A MOTION MADE BY DR. EISENHART AND SECONDED BY MRS. MONAHAN
THE BOARD OF HEALTH ADJOURNED.
QUEENSBURY TOWN BOARD RECONVENED
SUPERVISOR WALTER- GREETED MR. MIKE NEWTON AND FAMILY , HE HAS BEEN
THE GUEST OF OUR HIGHWAY SUPT. MR. NAYLOR AND HE HAS BEEN DOING Al.
LOT OF GOOD WORK . . .
MR. NAYLOR-MIKE HAS BEEN WORKING TOWARD EAGLE SCOUT AND HE RECRUITED
OTHER SCOUTS AND THEY CLEANED THE HALFWAY BROOK AND TOOK TWO DUMP
TRUCK LOADS OUT OF THERE, WE ARE VERY PROUD OF HIM . . . THANK YOU MIKE.
COUNCILMAN MONAHAN- I THINK THAT THE WHOLE TOWN IS PROUD OF MIKE I WAS
DELIGHTED WHEN I SAW THAT IN THE PAPER , I WISH WE HAD MORE CITIZENS
THAT WOULD TAKE SOME OF THESE THINGS UPON THEMSELVES , HE HAS MADE A
MARVELOUS EXAMPLE .
SUPERVISOR WALTER- ON BEHALF OF THE TOWN 90ARD AND THE RESIDENTS OF THE
TOWN OF QUEENSBURY WE WANT TO THANK YOU VERY MUCH FOR GIVING YOUR TIME
TO A COMMUNITY EFFORT LIKE THAT AND TO TAKE THAT MUCH OUT OF HALFWAY
BROOK WAS A LOT OF HARD WORK .
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO . 98 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
RESOLVED, THAT THE TOWN BOARD MINUTES OF APRIL 26 , 1983 BE AND HEREBY
ARE APPROVED.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
i
ABSENT : NONE
RESOLUTION TO CONDUCT EXPOSITION
RESOLUTION NO . 99 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO CONDUCT AN EXPOSITION
AS FOLLOWS :
SPONSORS : ALL OF THE QUEENSBURY VOLUNTEER FIRE
COMPANIES AND THE THREE EMERGENCY SQUADS
( QUEENSBURY EMERGENCY SERVICES EXPO 1983 )
PLACE : QUEENSBURY SCHOOL CAMPUS
DATE : MAY 22 , 1983
TIME : io :oo A. M. TO 5 :00 P. M.
i
AND BE IT FURTHER
RESOLVED, THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO
ISSUE A PERMIT TO THE AFORESAID SPONSOR UPON RECEIPT OF PROOF OF
--rte LIABILITY INSURANCE IN THE AMOUNT OF NOT LESS THAN $1 ,000 ,000 BODILY
INJURY AND PROPERTY DAMAGE.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
RESOLUTION TO TRANSFER FUNDS
164
RESOLUTION NO . 100 INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS
ADOPTION , SECONDED BY DR. CHARLES EISENHART :
WHEREAS , THE COSTS OF LEGAL SERVICES FOR THE PLANNING DEPARTMENT
HAS EXCEEDED THE ORIGINAL BUDGETED AMOUNT FOR THIS DEPARTMENT , AND
WHEREAS , IT HAS BEEN DETERMINED THAT THIS EXPENSE SHOULD BE SHOWN IN
THE APPROPRIATE DEPARTMENT , THEREFORE BE IT
RESOLVED TO TRANSFER $2000 . 00 FROM A1420 . 440 TO A8o2o . 440
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN ,
MRS . WALTER
NOES : NONE
ABSENT : NONE
SUPERVISOR WALTER-WHAT WE ARE CONTINUING TO DO IS TO COST ACCOUNT
AND WE DO HAVE THE MONEY EARMARKED FOR THIS-WE ARE TRYING TO REFLECT
IT IN THE PROPER BUDGETS SO THAT WE WILL HAVE A MUCH CLEARER IDEA
AS TO EXACTLY WHAT EACH DEPARTMENT USED WHAT SERVICES IN THE TOWN.
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO . 101 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
WHEREAS, THE QUEENSBURY HIGHWAY DEPT. HAS RETAINED THE SERVICES OF
A CONSULTANT FOR THE PURPOSES OF EVALUATING DRAINAGE WORK AND
WHEREAS , THE MONEY FOR THIS PURPOSE WAS ORIGINALLY BUDGETED IN THE
CONTRACTUAL ACCOUNT , AND
WHEREAS , THIS EXPENSE SHOULD BE PAID THROUGH PERSONAL SERVICES ON
THE ADVICE OF INTERNAL REVENUE , THEREFORE BE IT
RESOLVED , TO TRANSFER $5 ,000 . 00 FROM DR5110 . 440 TO DR51io . 1oo
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE TO AMEND ORDINANCE NO . 46
RESOLUTION NO . 102 , INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS
ADOPTION , SECONDED BY DR. CHARLES EISENHART :
WHEREAS , THE TOWN BOARD HAS RECENTLY BEEN NOTIFIED BY THE nUEENSBURY
ZONING BOARD OF APPEALS OF THE DISCREPANCY IN ZONING DISTRICTS SET
FORTH IN THE SIGN ORDINANCE KNOWN AS ORDINANCE NO . 46 AND THE TOWN OF
QUEENSBURY ZONING ORDINANCE ADOPTED AFTER THE ENACTMENT OF THE SAID
SIGN ORDINANCE , AND
WHEREAS, THE DISCREPANCY IN ZONE CLASSIFICATION HAS CREATED PROBLEMS
FOR THOSE PERSONS WISHING TO COMPLY WITH THE TOWN OF QUEENSBURY
SIGN ORDINANCE , AND
WHEREAS , A PROPOSED ORDINANCE TO AMEND ORDINANCE NO. 46 A COPY
OF WHICH IS HERETO ANNEXED , HAS BEEN PREPARED WHICH AMENDMENT
CONFORMS THE SIGN ORDINANCE CLASSIFICATIONS WITH THE CURRENT
TOWN OF QUEENSBURY ZONING ORDINANCE ZONING DISTRICTS , AND
WHEREAS , THE PROPOSED ORDINANCE IS WORTHY OF CONSIDERATION FOR
LEGISLATIVE ACTION , NOW , THEREFORE BE IT
RESOLVED , THAT A PUBLIC HEARING BE HELD CONCERNING THE PROPOSED
ADOPTION OF AN ORDINANCE TO AMEND ORDINANCE N0 . 46 AND THAT SAID
PUBLIC HEARING BE HELD AT 7 : 30 P. M. IN THE MEETING ROOM OF THE
TOWN OF QUEENSBURY OFFICE BUILDING , BAY 6 HAVILAND RDS., IN THE
TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK ON THE 24TH DAY OF
MAY , 1983 AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT THEREOF
165
WILL BE HEARD , AND IT IS 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.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : _NONE,
ABSENT : NONE
AMENDMENTS :
ARTICLE II SECTION 2 . 100 - DEFINITIONS IS AMENDED TO INCLUDE THE
FOLLOWING DEFINITIONS :
3A. COMMERCIAL ZONE- THE FOLLOWING ZONING DISTRICTS SET FORTH IN THE
TOWN OF QUEENSBURY ZONING ORDINANCE : RECREATIONAL - COMMERCIAL 5 ACRES ;
RECREATIONAL - COMMERCIAL 3 ACRES ; RECREATIONAL-COMMERCIAL 1500 S. F. ; PLAZA-
COMMERCIAL 1 ACRE ; HIGHWAY-COMMERCIAL 1500 S. F. ; HIGHWAY-COMMERCIAL 1
ACRE ; NEIGHBORHOOD-COMMERCIAL 10 , 000 S . F. ; NEIGHBORHOOD-COMMERCIAL 1 ACRE.
9A. INDUSTRIAL ZONE - THE FOLLOWING ZONING DISTRICTS SET FORTH IN THE
TOWN OF QUEENSBURY ZONING ORDINANCE : LIGHT INDUSTRY ! HEAVY INDUSTRY ;
INDUSTRIAL RESERVE
17A. RESIDENTIAL ZONE - THE FOLLOWING ZONING DISTRICTS SET FORTH IN THE
TOWN OF QUEENSBURY ZONING ORDINANCE : LAND CONSERVATION 42 ACRES ; LAND
CONSERVATION 10 ACRES ; RURAL RESIDENTIAL 5 ACRES ; LAKESHORE RESIDENTIAL
3 ACRES; LAKESHORE RESIDENTIAL 1 ACRE ; URBAN RESIDENTIAL 10 ,000 S . F. ;
URBAN RESIDENTIAL 5 , 000 S. F. ; SUBURBAN RESIDENTIAL 1 ACRE ; SUBURBAN
RESIDENTIAL 30 ,000 S . F. ; SURBURBAN RESIDENTIAL 20 , 000 S . F. ; SINGLE-
FAMILY RESIDENTIAL 10 , 000 S . F. ; SINGLE-FAMILY RESIDENTIAL 20 ,000 S. F. ;
SINGLE - FAMILY RESIDENTIAL 30 , 000 S . F. ; SINGLE-FAMILY RESIDENTIAL 1 ACRE. i
ARTICLE III - SECTION 3. 100 IS HEREBY AMENDED AS FOLLOWS :
11 ( A) RESIDENTIAL ZONES SHALL BE SUBSTITUTED IN THE PLACE AND INSTEAD
OF R ZONES .
11 (B ) COMMERCIAL ZONES AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED IN THE
PLACE OF C OR M ZONES .
ARTICLE IV - SECTION 5 . 100
17( C) `CIDMMERCIAL ZONE AND INDUSTRIAL ZONE SHALL BE SUBSTITUTED IN THE
PLACE AND INSTEAD OF C AMD M ZONE.
ARTICLE VI - SECTION 6 . 103 IS HEREBY AMENDED AS FOLLOWS :
1 . COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M ZONES.
2. COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M ZONES
SECTION 6. 104 IS HEREBY AMENDED AS FOLLOWS :
1 ( A) RESIDENTIAL ZONES SHALL BE SUBSTITUTED FOR R ZONES.
`�- 1 ( B ) COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M
ZONES
MR. CORNWELL- WE NEED EXACTLY WHAT IS STATED. . .
COUNCILMAN MONAHAN- DO YOU HAVE ANY PROBLEMS WITH THE FACT THE NEIGHBORHOOD
COMMERCIAL IS QUITE A RESTRICTIVE ZONE AND YET WE ARE GIVING THEM THE
UPMOST THAT WE CAN IN SIGNS UNDER THIS CHANGE , THE COMMERCIAL AND
INDUSTRIAL SIGNS ARE THE MOST LIN'3ENT SIGNS-DOES THAT PRESENT ANY PROBLEMS
DO YOU THINK?
MR. CORNWELL- SOME OFITHEM HAVE MORE THAN THEY SHOULD HAVE ALREADY PRE-
EXISTING. . . THE SIGN ORDINANCE AS WE HAVE IT NOWT DOESN 'T GIVE TOO MUCH
IF THEY ADHERE TO THE ORDINANCE AND THE SPIRIT OF THE ORDINANCE I DO NOT
THINK IT PRESENTS ANY PROBLEMS . . .
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
166
RESOLUTION NO . 103 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
i
WHEREAS , DONALD AND JANE PELTIER HAVE 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 AT PROPERTY SITUATED ON THE CORINTHIROAD , AND
WHEREAS , THIS TOWN 50ARD 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 ,
NOW , THEREFORE BE IT
RESOLVED , THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED
ORDINANCE , PERMISSION IS HEREBY GIVEN TO DONALD AND JANE PELTIER
TO ECICATE . A MOBILE HOME AT PROPERTY SITUATED AT THE CORINTH ROAD
AND THAT THE BUILDING INSPECTOR 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. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
RESOLUTION OF APPRECIATION
RESOLUTION NO. 104 , INTRODUCED AND SECONDED BY THE ENTIRE
TOWN BOARD
RESOLVED , THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WISHES
TO THANK MR. MICHAEL NEWTON FOR HIS LEADERSHIP IN THE EFFORTS
OF HIS GROUP TO CLEAN UP HALFWAY BROOK .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
COMMUNICATIONS
-WARREN CO. APPROVAL ON THE QUEENSBURY ZONING ORDINANCE AMENDMENTS . . .
ON FILE. . .
-LTR. STEPHEN LYNN PRESENTED THE TOWN BOARD WITH THE PROPOSED AMENDMENTS
TO THE ZONING ORDINANCE ON FILE . . .
MR. LYNN- NOTED THAT THE AMENDMENTS WERE TURNED OVER THE THE APA
FOR THEIR REVIEW , COUNSEL FOR THE PARK AGENCY CONTACTED THE OFFICE
AND SEVERAL ITEMS WERE REVIEWED ON THE AMENDMENTS . . . I --
COUNCILMAN EISENHART- ASKED WHEN THE BOARD WILL HEAR FROM APA. . .
MR. LYNN- WE WILL HEAR BY THE NEXT TOWN BOARD MEETING. . .
COUNCILMAN OLSON- QUESTIONED SECTION 99 REGARDING ABOVE GROUND TANKS
MR. LYNN-APA QUESTIONED THAT ABOVE GROUND TANKS COULD PRESENT A PROBLEM
IN REGARD TO SET BACKS. . . GAS TANKS , FUEL OIL TANKS . . . . THEIR MAIN
CONSIDERATION WAS WITH THE SHORE LINE
COUNCILMAN EISENHART- RE : 2 . '`SCHOOL ' ' WHERE IT TALKS ABOUT QUALIFIED
j
STAFF. . . NOTED THAT THE COLLEGE MAKES A GREAT EFFORT TO MAKE SURE THAT
THEY DO NOT HAVE CERTIFIED TEACHERS. . .
i 7
MR. LYNN-NOTED THAT THE COLLEGE WOULD NOT BE INCLUDED IN WHAT WE 16 7
ARE TALKING ABOUT. . .
MR. CORNWELL- ADVISED THE BOARD IN REGARD TO SET BACKS IN SECTION 99
TO BE CAREFUL. . .
MR. LYNN- NOTED THAT THE AMENDMENTS HAS BEEN WORKED WITH , WITH THE
TOWN ATTORNEY. . .
MR. MATHIAS- NOTED THAT THE AMENDMENTS FOR THE MOST PART WERE WORKED
OUT BY ATTORNEY PRIME. . . RECOMMENDED THAT IN THE SECTION 15 . 044
THE TIME LIMIT OF 45 DAYS BE CHANGED TO 90 DAYS
RESOLUTION TO SET PUBLIC HEARING ON AMENDMENTS TO THE QUEENSBURY
ZONING ORDINANCE
RESOLUTION NO. 105 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED
FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER :
WHEREAS , THE QUEENSBURY PLANNING BOARD HAS RECENTLY NOTIFIED THE
QUEENSBURY TOWN BOARD THAT CERTAIN AMENDMENTS SHOULD BE MADE TO THE
QUEENS91rMY ZONING ORDINANCE AND
WHEREAS , THE PROPOSED AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE
A COPY OF THIS IS HERETO ANNEXED HAS BEEN PREPARED AND
WHEREAS, THE PROPOSED AMENDMENTS ARE WORHTY OF CONSIDERATION FOR LEGISLATIVE
ACTION , NOW , THEREFORE BE IT
RESOLVED, THAT A PUBLIC HEARING BE HELD CONCERNING THE PROPOSED AMENDMENTS
TOl TFHE, (QUEENSBURY 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 24TH DAY OF MAY , 1983 AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT '
THEREOF WILL BE HEARD , AND IT IS 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.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , ' MRS . WALTER
NOES : NONE
ABSENT : NONE
i
PROPOSED AMENDMENTS TO
16$ QUEENSBURY ZONING ORDINANCE
REVISED PER WORKSHOP MEETING 4-11-83
Section 2. 020 Definitions:
3 - y-ce-T
a)
(As recommended by Case Prime)
2. "Accessory Use Structure" means any building or structure
affixed to land or a portion of a main structure incidental
and subordinate to a principal land use or development
including a guest cottage not for rent or hire that is
incidental and subordinate to and associated with a single
family dwelling.
(As recommended by Case Prime) --
52. "Landscaping" - add to definition lights and light poles,
fences, traffic malls for traffic safety purposes.
New definition to read:
"Landscaping" means the act of changing or enhancing the
natural features, a plot, buffer zone, public open space
or other area or portion of a lot (often as a beautifying
feature of a building or land use) so as to make said area
more attractive, to add visual screening and or provide
safety features to assist in protecting life and property.
This may be accomplished by adding lawns, trees, shrubs, etc. ,
or through the sculpturing of the terrain, i.e. earth berms,
ponds, walkways, retaining walls, rock outcrops, etc. and/or
installing lights, light poles, fences, and traffic malls
for direction of traffic.
tkecommend-ed-_bY_ Case Prime 1--- —-- -
99. "Structure" omit reference to fences and poles add
service station iSlAnds, or drive-in ~ islands
with or without canopies.
New definition to read:
"Structure" means any object constructed, installed or
placed on land to facilitate land use and development
or subdivision of land, such as buildings, sheds, singles
family dwellings, mobile homes, signs, service station
islands, or drive-in islands with or without canopies and
any fixtures, additions and alterations thereto.
(Recommended by Case Prime)
109. "Yard" change word structure to read accessory use structure
and make reference to landscaping.
New definition to read:
"Yard" means any space that is unoccupied except for
landscaping, open to the sky, and on the same lot with
a building, structure or accessory use structure. (see
definition #52 "Landscaping")
New definitions to be added:
1. "Building Line" means a line formed by the intersection of
a horizontal plane of average grade level and a vertical
plane that coincides with the exterior surface of the buildir
on any side. In the case of a cantilevered section of a build-
ing the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the building
line. (see definition # "Setback")
1
2. "School" means an institution housing a curriculum,
a plant consisting of adequate facilities, a qual
staff to carry out its objectives. t7y
3. "Setback" means the separation distance from the
property line to the building line-structure. (see
definition # "Building Line")
ZONING REGULATION CHANGES
Section 7. 079 "Buffer Zones" . .exempt farms from this
provision
New Section 7.079 to read:
Where any commercial use or industrial use as defined
in this ordinance with the exception of farm operations,
abuts any residential use at the lot line or on the same
street, that said commercial or industrial use shall
provide at least a 50 foot buffer zone from the adjoining
lot line of the residential use.
Section 10.051 a) Delete Type II Site Plan Review only
from section.
Add .new Section 5. 050 (d) "Expiration of Site Plan Review
Decision"
Unless otherwise specified or extended by the Planning Board,
a decision on any Site Plan Review shall expire if the
applicant fails to undertake the proposed action or project,
to obtain any necessary building permits to construct any
proposed new building (s) or change any existing building (s) ,
or to comply with the conditions of said authorization within
one (1) year from the filing date of such decision thereof .
Add new Section 10. 070 "Expiration of variance Decision
by Zoning Board of Appeals"
Unless otherwise specified or extended by the Zoning Board
of Appealsg, decision on any request for a variance shall
expire if the applicant fails to undertake the proposed
action or project, to obtain any necessary building permit
to construct any proposed new building (s) or change any
existing building (s) , or to comply with the conditions of
said authorization within one (1) year from the filing date
of such decision thereof.
Section 7.074 A subdivision 4) paragraph b
Delete. . . "from front and" . .
Add. . ."attached or detached accessory structure. "
New section to read:
b) May be erected only in the rear yard of such
structure and shall be of a distance not less
than twenty feet from the rear lot lines nor
less than 10 (1) feet from any side lot line,
principal structure or attached or detached
accessory structure.
Add new paragraph "f"
f) In the case where a lot fronts on two (2) or more
public rights-of-way, a private swimming pool shall
be erected only on that portion of the said lot that
is directly adjacent to that side of the principal
building which is directly opposite the architectural
main entrance of said building and the neighboring side
lot line. In no case shall the pool be any nearer to
the lot lines abutting any public right-of-way than the
required front setback for the principal building of
the zoning district in which it is located.
Furthermore, the pool shall be screened from the
17 view of the public right-of-way and the neighboring
property by means of landscaping. (See definition of
"Landscaping")
ZONING SCHEDULE
Section 4. 020-J Highway Commercial Zones
a. Renumber permitted uses and replace the words
"such as" with the word "including"
b. Add to Permitted Uses - All permitted uses in Plaza
Commercial Zone.
(Recommended by Case Prime)
Add to Site Plan Review Type II
No. 11. Hospitals, nursing homes, and health related
facilities.
No. 12 Day Care Centers.
Delete from Permitted Uses and add to Site Plan Review
Type II
No. 13. Auto repair shops
No. 14 . Automobile sales and service
No. 15. Boat storage, repair, sales
No. 16. Farm and construction equipment
sales/service
No. 17 . Mobile home sales
New list of permitted uses to be stated as follows:
Permitted Uses
i
Businesses which primarily
serve highway traffic including:
1. Fast food restaurants, diners,
bars
2. Places of public assembly
3. Professional offices
4 . Office buildings
5. Commercial greenhouses/nurseries
6. Social clubs, fraternal organizations
7 . Motels, hotels, inns, lodges
8. Fire stations
9. All permitted uses in Plaza Commercial Zone
(Recommended by Case Prime)
Add to Rural Residential (RR-3A, RR-5A) , Urban
Residential (UR-5, UR-10) , Suburban Residential
(SR-IA, SR-30, SR-20) , Single Family Residential
(SFR-10, SFR-20, SFR-30) under Site Plan Review
Type II: '
A. Schools `..,.
B. Churches, Synagogues (places of worship)
i
171
(Recommended by Case Prime)
Add to Urban Residential (UR-S, UR-10) , Suburban
Residential (SR-1A, SR-30, SR-20) under Site Plan
Review Type II:
A. Hospitals, nursing homes, health related
facilities such as outpatient clinics,
laboratories, physical therapy facilities,
etc.
1
B. Day Care Centers
Section 4. 020-n "Heavy Industrial"
a. Add #10 to Permitted Uses; "Junkyards"
AMENDMENT TO THE QUEENSBURY ZONING. ORDINANCE'
Section 15.044 Final PUD Plat.
a) (no change)
b) Within 45 days of the submission of the final PUD
Plat the Planning Board shall conduct a public
hearing. Notice of the public hearing shall be
advertised at least once in a newspaper of general
circulation in the Town at least five days before
it is held. Within 45 days of the public hearing
(or within 90 days of the public hearing if the
PUD is within or partially within the Adirondack
Park) the Planning Board, giving due consideration
to the reviews by the Town Board and the County
'— Planning Board, shall approve the final plat if
it is in substantial agreement with the approved
preliminary plat; or conditionally approve, with
or without modifications, or disapprove. The
recommendations of the Planning Board shall be filed
with the Town Clerk and forwarded to the Town Board
for its review and action.
c) The Town Board shall act upon the Planning Board
recommendations within 45 days of the filing thereof
and, by resolution, shall approve the final plat, or
conditionally approve, with or without modification
or disapprove. If approval , or conditional approval
with or without modifications, is granted, the reso-
lution shall specify the drawings, specifications
and other material that constitute the final plat
and may specify the form or forms of performance
bonds to be filed with the application for building
permits. If the final PUD Plat is given conditional
approval by the Town Board, the applicant is not
entitled to file the plat with the County Clerk, but
shall have 180 days to meet the conditions, and the
Town Board may extend this time for up to 180 additional
days. Failure to comply with these time limits or
the disapproval of the final PUD Plat shall result
in the area of the PUD Plat noted on the Zoning Map
withdrawn on resolution of the Town Board and the
area revert back to the prior zoning district or
districts.
d) (no change)
e) (no change)
i
i
172
COMMUNICATIONS - ANNOUNCEMENTS
COUNCILMAN EISENHART- I REPRESENTED THE SUPERVISOR WALTER AT THE
GROUND BREAKING AT ACC ON APRIL 22 , 1983 , IT WAS A VERY FINE AFFAIR-
THE EVIDENCE OF THE PROGRESS OF THE COLLEGE INCREASING ITS FACILITIES -'
I AM A REPRESENTATIVE OF THE TOWN BOARD ON THE ARCC-�THEY ARE IN VERY
GOOD SHAPE. .NOTED THAT THERE WILL BE A MOTORCYCLE PARADE STARTING AT
THE MUNICIPAL CENTER AND ENDING AT THE CIVIC CENTER
SUPERVISOR WALTER- THE CEMETERY COMMISSION WISHED TO NOTIFY THE BOARD
AND THE PUBLIC THAT ARTIFICIAL FLOWERS WILL NOT BE ALLOWED AT THE
CEMETERIES IN THE TOWN
THANKED MR. DON CHASE FOR BEING THE AUCTIONEER AT THE AUCTION LAST `
SATURDAY AND DARLEEN WHO WORKED ON THE TAGGING AND COLLECTIONS'
THE AUCTION WAS A SUCCESS , WE CLEARED OUT THE INVENTORY OF BIKES
AND MISC. ITEMS . . .
REPORTS
THE FOLLOWING REPORTS WERE PLACED ON FILE-TOWN CLERK MONTH OF APRIL 1983
3UILDING & ZONING REPORT-MONTH OF APRIL 1983
OPEN FORUM
JOSEPH DAIRE- THANKED THE TOWN3BOARD FOR COMING TO THE OPEN HOUSE
OF THE SOUTH QUEENSBURY FIRE DEPT . A GREAT SUCCESS. . .
COUNCILMAN MONAHAN- SO. OUEENSBURY RECEIVED A LETTER OF THANKS FROM THE
FIRE CHIEF OF GLENS FALLS FOR THE HELP THAT THEY EXTENDED DURING THE
GLENROSE FIRE.
COUNCILMAN EISENHART- THEIR NEW AIR PACK FILLERS ARE AN EXCELLENT
ADDITION . . .
MR. TURNBULL-PRESENTED THE TOWN BOARD WITH THE YEARLY PROGRAM OF THE
SENIOR CITIZENS . . . ASKED IF THE COUNSEL WAS WORKING IN THE SENIOR
CITIZENS CONTRACT. . .
MR. MATHIAS- I HAVE FINISHED WORKING ON THE CONTRACT I HAVE A DRAFT ,
I HAVE RECOMMENDED TO THE TOWN BOARD SOME CHANGES IN THE CONTRACT
MR. TURNBULL- REGARDING THE BUILDING, ( LAFAYETTE ST. ) HAS THE BOARD
ANY ALTERNATIVES?
SUPERVISOR WALTER- THIS HAS NOT BEEN DISCUSSED SINCE THE LAST MEETING. . .
WE HAVE NOT DETERMINED AT ALL WHAT WE ARE GOING TO DO DOWN THERE .
MR. TURNBULL- ASKED IF ANYTHING WAS BEING DONE ABOUT THE ABANDON MOBILE
HOME ON BAY ROAD. . .
SUPERVISOR WALTER-THE BUILDING & ZONING DEPT . HAS BEEN WORKING ON THAT . . .
COUNCILMAN MONAHAN- MR. TURNBULL./ I WOULD BE INTERESTED TO KNOW HOW MANY
PEOPLE PARTICIPATE IN EACH OF THE EVENTS HELD BY THE SENIOR CITIZNES. . .
MR. TURNBULL- GAVE ESTIMATES OF SOME OF THE REGULAR EVENTS . . .
MR. DAIRE- SUGGESTED THAT THE HIGHWAY DEPT . HAVE AN OPEN HOUSE BEFORE
PRIMARY DAY TO SHOW THE PUBLIC WHAT HAS BEEN DONE AT THE HIGHWAY DEPT.
RESOLUTION TO APPROVE AUDIT OF BILLS
i
RESOLUTION 106 , INTRODUCED BY P^R. DANIEL MORRELL , SECONDED BY
DR. CHARLES EISENHART :
RESOLVED , THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO . 83-5A AND
NUMBERED 648 THROUGH 815 AND TOTALING $61361 . 65 BE AND HEREBY IS
APPROVED.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
ON MOTION THE MEETING WAS ADJOURNEDI RESPECTFULLY , DONALD CHASE
TOWN CLERK