1983-05-24 173
Q'UEENSBURY TOWN BOARD MEETING MAY 24 , 1983
TOWN BOARD MEMBERS
MRS . FRANCES WALTER—SUPERVISOR
MR. DANIEL OLSON—COUNCILMAN
DR. CHARLES EISENHART—COUNCILMAN
MR. DANIEL MORRELL—COUNCILMAN
MRS. BETTY MONAHAN' COUNCILMAN
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MR. WILSON MATHIAS—TOWN COUNSEL_
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PRESS : G. F. POST STAR, WBZA
GUESTS : MR. 8 MRS. BAPP , MR. MURRAY , MR. RYDER , MRS. RYDER, MR. ADAMSON
MR. TURNBULL , MR. DAIRE , LEAGUE OF WOMEN VOTERS
TOWN OFFICIALS AND GUESTS : MR. PAUL NAYLOR, MR. MISSITA , MR. LYNN , MR. DEAN ,
MR. FLAHERTY , DR. DIER, MR. LAPHAM
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MORRELL
MEETING OPENED 7 :38 P. M.
QUEENSBURY BOARD OF HEALTH
! PUBLIC HEARING — MR. HOMER ECKERSON — OGDEN ROAD— NOTICE SHOWN 7 : 39 P. M.
SUPERVISOR WALTER—THE PUBLIC HEARING IS REGARDING THE MOBILE HOME OF HOMER
ECKERSON , WHICH IS ON OGDEN ROAD. THE LETTER THAT WE HAVE RECEIVED REGARDING
TH3S PARTICULAR MOBILE HOME AS A HEALTH HAZARD IN THE NEIGHBORHOOD AND ALSO
UNFIT FOR HABITATION. I WOULD LIKE TO INFORM THE BOARD THAT AFTER SETTING
THE PUBLIC HEARING LAST WEEK THAT A REGISTERED LETTER WENT OUT TO MR.
ECKERSON AND WE RECEIVED A RECEIPT THAT HE HAD RECEIVED A LETTER. I ASSUME
MR. CHASE , THAT THIS HAS BEEN LEGALLY ADVERTISED`•IN THE PAPER AS A PUBLIC
HEARING?
MR. CHASE- YES
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SUPERVISOR WALTER— IS THERE ANYONE HERE WHO WOULD LIKE TO SPEAK ON BEHALF OF
MR. ECKERSON OR ANYONE HERE FROM THE NEIGHBORHOOD THAT WOULD LIKE TO BE HEARD?'j
THIS IS A PUBLIC HEARING , SO I WILL ASK YOU TO GIVE YOUR NAME AND ADDRESS
FOR THE RECORD.
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RICHARD BAPP—I LIVE ON OGDEN ROAD, AS FAR AS THIS LETTER GETTING TO MR.
ECKERSON , I WOULD SAY THAT HE PROBABLY GOT IT , I BELIEVE HE DOES NOT
UNDERSTAND WHAT IT SAYS. THE PLACE IS CAVED IN.4 THERE IS NO POWER , NO TOILET
FACILITIES , NO WATERjTHE ONLY THING HE HASH IS JUST A PLACE BARELY TO GET
IN OUT OF THE WEATHER.
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SUPERVISOR WALTER— YOU LIVE ON OGDEN ROAD SO THAT YOU ARE IN THE PROXIMITY
TO MR. ECKERSON?
RICHARD BAPP— YES , I USED TO GO THERE AND HELP TAKE CARE OF THEM WHEN THE
MOTHER WAS ALIVE AND START THE FURNACE IN THE WINTER TIME. . .
SUPERVISOR WALTER- THE MOBILE HOME WAS HIT WITH A FIRE?
MR. BAPP— NO IT CAVED IN THIS PAST WINTER HE WAS NOT LIVING THERE . . . HE
WAS NOT LIVING THERE WHEN IT CAVED INS THE SNOW JUST BUILT UP ON THE ROOF.
SUPERVISOR WALTER— I HAVE BEEN OUT THERE , I WOULD HOPE THAT THE BOARD
HAD AN OPPORTUNITY TO GET THERE.
COUNCILMAN EISENHART-- MOST OF IT CAVED IN , IT IS JUST A WRECK.
COUNCILMAN OLSON— I WAS OUT THERE OVER A YEAR AGO WITH THE HEALTH OFFICER,
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A NURSE FROM THE HEALTH DEPT. OF WARREN COUNTY TRYING TO GET HIM OUT OF
THERE. YOU DO NOT KNOW WHERE HE WENT LAST WINTER?
MR. BAPP— I HAVE NO IDEA. IT WAS SOMEPLACE CLOSE BECAUSE I SAW HIM DOWNSTREET
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SUPERVISOR WALTER— WE HAVE MR. LAPHAM FROM WARREN -COUNTY SOCIAL SERVICES ,
MR. LAPHAM, COULD YOU ANSWER THAT QUESTION?
MR. LAPHAM, YES,. LAST FALL MR. ECKERSON HAD A FIRE IN THE TRAILER AND THE
FIRE FfGHTERS CAME AND WERE IMPEDED BY HIM, AT LEAST THIS IS WHAT WAS
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ALLEGED. I THINK MR. ECKERSON PANICKED AND DID GET IN THEIR WAY
SOMEWHAT AND THEREFOR AT THAT TIME THE MATTER WAS DISPOSED OF HERE IN
COURT. AT THAT PARTxCULAR TIME] HE WAS QFFERED / DTSCHARGE. OF THE MATTER
BY GOING TO THE COUNTY HOME , WHICH I URGED HIM TO DO. HE DID NOT WANT
TO DO THAT , IT WAS A FEW MONTHS AFTER THAT WE STARTING PLACING HIM IN VARIOUS j
PLACES , MOTELS , ROOM AND BOARD PL'IACESj INI_ THE INTERIMjIN FEBRUARY, THE ROOF
COLLAPSED IN THE TRAILER AND ULTIMATELY HE RETURNED TO THE SOUTH END OF THE
TRAILER. . . AND HE HAS BEEN THERE EVER SINCE . HE HAS TALKED WITH ME ON THE
PHONE SEVERAL TIMES, HE IS ANXIOUS TO HAVE THE PROPERTY CLEANED UP. ON BEHALF }
OF HOMER ECKERSON , ON BEHALF OF MY DEPARTMENT OF SOCIAL SERVICES WE WOULD
TRY VERY HARD TO AGAIN PERSUADE HIM ,EITHER THE COUNTY HOME OR SOME
SUITABLE LIVING QUARTERS FOR HIM. i AM HOPING TO CLOSE THIS CHAPTER DOWN. . .
SUPERVISOR WALTER— YOU HAVE BEEN VERY HELPFUL TO MR. ECKERSON , THERE IS
SOME RESISTANCE ON HIS PART, THAT IS WHY HE KEEPS GOING BACK?
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MR. LAPHAM— THERE IS A GREAT DEAL OF DISCUSSION ABOUT HIM, HE IS NOT
RESISTINGjHE LIVES TO BE INDEPENDENT] HE HAS A LOT OF PRLDE BUT
UNFORTUNATELY HE CANNOT REALLY FUNCTION AND PROVIDE FOR ALL HIS NEEDS.
HE CAN ' T PROVIDE HIS OWN PERSONAL NEEDS SOMETIMES . HIS MANAGEMENT OF
MONEY IS VERY POOR, WE HAVE BEEN ABLE TO WORK THAT OUT. HE DOES NEED
.A LOT OF HELP. BUT I THINK FIRST AND FOFEMOST. . .
COUNCILMAN OLSON— I HAVE GOT A QUESTION FOR SOCIAL SERVICES , HAVE_- WE GOT
THE CART BEFORE THE HORSE IN THIS SITUATION , THE REQUEST IS THAT WE CONDEMN
THE PROPERTY WHICH I THINK SHOULD HAVE'-SEEN :'.I CONDEMNED A YEAR AND
A HALF AGO. THE MAN IS LIVING THEREjIF WE CONDEMN THE PROPERTY AND HAVE OUR
HIGHWAY DEPT. REMOVE THE BUILDINGS AND CLEAN IT UPS WHERE IS THE MAN GOING
TO LIVE THEN , IN THE PINE TREES? ? THINK WHEN YOU GET HIM OUT OF THE
PREMISES , I DO NOT THINK WE CAN DO YOUR WORK FOR YOU ,YOU HAVE TO TAKE CARE
OF THE INDIVIDUAL)lHAT IS YOUR POSITION AND YOUR RESPONSIBILITY IN SOCIAL
SERVICES. WE CAN TAKE CARE OF THE PROPERTY WHICH WE ' CAN DO AS A BOARD OF
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HEALTH—AS I SEE IT AS AN UNSAFE STRUCTURE OR SOMETHING THAT IS DANGEROUS
TO THE NEIGHBORHOOD WHICH THIS CERTAINLY ISJ THERE IS NO QUESTION ABOUT IT.
MR. BAPP IS HERE AND THE OTHER GENTLEMEN WHO LIVES NEXT DOOR TO HIM , I CANNOT
j REMEMBER YOUR NAME , I KNOW YOU LIVE JUST DOWN FROM THERE I SPOKE TO YOU
A YEAR OR SO AGO. I THINK IF YOUR PEOPLE COULD FIND HIM A HOME AND GET HIM
AWAY FROM THE PROPERTYOTHEN WE COULD MOVE IN AND I DO NOT THINK THERE WOULn
BE ANY PROBLEMS, BUT WHAT IS GOING TO HAPPEN TO HIM?
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MR. LAPHAM— I AM ADVOCATING THAT WE DO NOT MOVE HIM UNTIL WE HAVE A
PLACE, I AM STATING THIS EXTREMELY STONGLY VERY , VERY STRONGLY-I HAVE
BEEN THREE YEARS ON THIS PARTICULAR CASE-T CAN MOVE HIM AND TRY AND FIND
HIM A PLACE TO LIVE , I CANNOT MAKE HIM STAY THERE NOR CAN I BE THERE AND
MAKE SURE HE CAN STAY THERE. HE HIMSELF IS GOING TO HAVE TO MANAGE HIS
OWN AFFAIRS SO THAT HE WILL STAY, HE HAS BEEN MOVED MANY TIMES AND I HAVE
HELPED HIM TO MOVE. I AM NOT SAYING JUST THROW HIM OUT BEFORE WE HAVE A
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PLACE FOR HIM TO LIVE.
j COUNCILMAN OLSON— SO WHAT YOU ARE ASKING US TO DO THEN IS LOOK AT THE
PROJECT AS CONDEMNING THE PROPERTY CONTINGENT ON THE FACT THAT YOU HAVE
HIMv'OUT OF THE PROPERTY FIRST.I I HAVE SEEN HIM MOVE HIMSELF DOWN THE
STREET A COUPLE OF TIMES AND ONE TIME I GAVE HIM A RIDE HOME MYSELF ON
A SATURDAY AFTERNOON.
MR. RUSSELL—IT :SEEMS TO ME AT WE TALKED TO SOMEONE, MR. LYNN AT ONE TIME]
AND THE PROPERTY WAS CONDEJ FOR NOT ONLY THIS YEAR BUT LAST YEAR ALSO
COUNCILMAN EISENHART— WE CLEANED UP AROUND IT AND TOOK UP THE GARBAGE. . .
COUNCILMAN MORRELL— IT WAS A HEALTH HAZARD AND WE MET AS THE BOARD OF
HEALTH BEFORE , CONCERNING THE TRASH THAT HAD BUILT UP THERE] IT WAS
DETERMINED THAT WE WOULD CLEAN UP THE TRASH AND ASSESS THE PROPERTY. . .
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COUNCILMAN OLSON— THAT WAS ABOUT A YEAR AGO THIS SPRING.
COUNCILMAN MORRELL— MY QUESTION IS , DOES MR. ECKERSON STILL OWN THE PROPERTY?
1 ARE HIS TAXES PAID? IS IT STILL IN HIS NAME?
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MR. LAPHAM— THE DEED TO THE PROPERTY IS NOT IN HIS NAME IT IS IN HIS MOTHER'S
OR FATHER'S OR BOTH.
COUNCILMAN MORRELL— WHO ARE BOTH DECEASED. . . .W.HAT WOULD PRECLUDE HIM FROM
MOVING BACK THERE AND BUILDING A LITTLE SHACK OR TENT?
SUPERVISOR WALTER— IF HE BUILT A SHACK, THAT WOULD BE UNDER THE BUILDING
CODE. I THINK WHAT WE SHOULD BE AWARE OF ISjTHAT THE ACTION OFTTHE bWN
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BOARD WOULD TAKE THIS EVENING IN DECLARING THAT IT IS UNFIT FOR HUMAN'
HABITATION AND IT IS A HEALTH HAZARD. MR. OLSON IS RIGHT IN SAYING,
WHAT WE ARE TALKING ABOUT AS FAR AS MR. LAPHAM SOUNDS KIND OF CRASS$
BUT I THINK THAT THIS BOARD WANTS TO BE ASSURED THAT THE GENTLEMEN HAS
SOMEWHERE TO GO AND THAT HE WILL NOT BE LIVING UNDER THE PTNESOTHAT WOULD
ONLY BE UNDER HIS OWN CHOICE.C HE WOULD L BE GIVEN SHELTER UNDER THE
AUSPICES OF THE SOCIAL SERVICES DEPT . OF WARREN CO. MR. RUSSELL
DID YOU HAVE SOMETHING YOU WANTED TO ADD TO THE TESTIMONY OF THIS
PUBLIC HEARING?
MR. RUSSELL- HE WOULD BE MORE LIKELY TO TEAR DOWN A BUILDING-HE :I''S-'NmT
THE TYPE TO BUILD. ..'. IT IS THE FIRES THAT WORRY ME , ME BEING IN A WHEEL
CHAIR AND MY GIRLS ARE VERY HARD TO WAKE UP--IF THERE IS EVER A FIRE
THERE WE COULD NOT GET OUTS WE ARE SURROUNDED BY PINE TREES.
SUPERVISOR WALTER- I WOULD PREFER BEFORE WE DECIDE WHAT TYPE OF ACTION
�- TO TAKE� TO GET WHAT EVER TESTIMONY WE HAVE FROM THOSE PEOPLE WHO WISH
TO SPEAK . WHY ARE YOU WORRIED ABOUT A FIRE?
MR. RUSSELL- BECAUSE HE IS ALWAYS STARTING THEM, HE HAD ONE JUST THE OTHER
DAY THERE.
COUNCILMAN EISENHART- INSIDE , OUTSIDE?
MR. RUSSELL- WELL THE FIRST ONE LAST WINTER WAS FRIGHT IN FRONT OF THE TRAILER/
MAYBE A FOOT FROM IT AND IT WENT RIGHT UP THE TRAILER , THE OTHER DAY HE
HAD ONE AT THE FURTHER END, BURNING TRASH , TRASH IS ALL OVER THE PLACE.
COUNCILMAN OLSON- THERE IS NO ELECTRICITY?
MR. RUSSELL- NO
COUNCILMAN OLSON- I KNOW THERE WAS NOT A YEAR AGO THIS SPRING. . .
MRS. RICHARD BAPP-WE LIVE IN A DIAGONAL LINE FROM THE 'TRAILER I AM A
REGISTER® PROFESSIONAL NURSE AND AS A PROFESSIONAL NURSE I AM ACUTELY
AWARE OF THE SITUATION OF MR. ECKERSON. HE DOES THROW HIS GARBAGE AND
TRASH JUST OUTSIDE THE TRAILER IN A HUGH PILE AND SOMETIMES HE HAS A
FIVE FOOT HIGH FIRES WHICH HE THROWS MORE BOXES ON TOP OF. HE HAS
TORN HIS TRAILER APART LOOKING FOR LEAKS IN HIS WATER PIPES , HE HAS
NO WATER NOW. HE HAS POOR PERSON* HYGIENE BECAUSE HE HASN 'T GOT ANY
WATER. HE HAS A VERY SHORT ATTENTION SPAN SOMETIMES HE CAN 'T ACCOMPLISH A
TASK AND STICK TO IT AND COMPLETE IT. HE THREW HIS REFRIGERATOR, HE
THREW HIS STOVE OUT. HE STARTED A FIRE LAST FALL I WENT OVER TO IT AND
SAW WHEN HE DID ITS WENT UNDER THE TRAILER AND IN-FRONT OF IT. THE POLLCE
DEPT. CAME AND THE FTRE DEPT. CAME , HOMER LOCKED HIMSELF INTO THE TRAILER.
I THINK HE WAS AFRAID OF THE LIGHTS AND THE PEOPLE SHOUTING, HE GETS
FRIGHTENED, HE IS LTKE A CHILD SOMETIMES. HE LOCKED HIMSELF INTO THE
TRAILER AND THEY COULD NOT GET HIM OUT , THE FIRE DEPT. TRIED TO GET
HOMER OUT AND THEY COULD NOS FINALLY THEY HAD THE QUEENSBURY POLICE
AND THEY CAME AND THEY HAD TO BREAK THE DOOR IN TO GET HOMER OUT, AND
THEY TOOK HIM AWAY. . . .THE WINDOWS WERE BROKEN OUT OF THE TRAILER BY
CHILDREN BUT HE CONTINUED TO LIVE THERE UNTIL THE WINTER WHEN IT WAS
NOT FEASIBLE TO LIVE THERE AND HE WAS REMOVED. DURING THE WINTER THE
TRAILe R COLLAPSED , THE ROOF COLLAPSED IT IS NOTHING BUT A SHELL , THERE
ARE NO LIGHTS , NO ELECTRICITY, NO RUNNING WATERjTHEBE ARE NO WINDOW
PANES , HE ONLY HAS A VERY SMALL PORTION AND I DO NOT KNOW HOW SAFE THAT
IS. HE IS A CHAIN SMOKER, HE IS CONSTANTLY STARTING BON FIRES-MR. RUSSELL
`�✓ HAS A VERY REAL CONCERN HERE WHEN YOU CONSIDER THE FACT THAT HOMER LIVES
RIGHT NEXT DOOR TO HIM, WITH THE PINE TREES AROUND AND THE GARBAGE AROUND.
HE COULD BE INVOLVED IN A FIRE AND HE WOULD NOT BE ABLE TO GET OUT NOR
WOULD HIS CHILDREN BE ABLE TO GET OUT OF THAT HOME . WE AS NEIGHBORS ARE
I, VERY CONCERNED ABOUT THIS. HIS GARBAGE BLOWS OVER INTO OUR YARDS , WE ARE
TAX PAYERS AND WE DO NOT WANT THE GARBAGE IN OUR YARDS. IT COLLECTS,
I WOULD EXPECT RATS? I WOULD NOT BE SURPRISED. WHAT HE DOES FOR A TOILET)
I WOULD HAVE NO IDEAoHE HAS NO OUTDOOR FACILITIES , HE HAS NO INDOOR
FACILITIES. I KNOW WE SPEAK OF HOMER' S CIVIL RIGHTS AND THE RIGHT OF
HOMER TO REJECT GOING SOMEWHERE.SBUT TO ME HOMER HAS THE RIGHT TO BE TAKEN
CARE OF. . TO HAVE A CLEAN PLACE TO LIVE AND PROPER FOOD AND PROPER SUPERVISION
HE NEEDS SUPERVISIONJHE DOESN ' T NEED TRAINED NURSING CARE, HE NEEDS SUPERVISION
BUT I CANNOT SEE HOW HE CAN MAINTAIN A LIFESTYLE THERE, IT IS A DANGER TO
HIMSELF AND TO THE NEIGHBORHOOD.
SUPERVISOR WALTER-' IS THERE ANYONE ELSE THAT WOULD LIKE TO GIVE TESTIMONY? !
I WOULD ASK MR. LYNN FROM BUILDING E ZONING , YOU HAVEININSPECTED THE
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PREMISES AS OF SEVERAL YEARS AGO , I DO NOT WANT TO LEAD YOU , WHAT WOULD
YOU SAY THE CONDITION OF IT WAS FROM NOW .
MR. LYNN- THE BUILDING IS COMPLETELY UNINHABITABLE-WE HAVE BEEN WORKING
WITH MR. LAPHAM FOR A COUPLE OF YEARS. BEFORE MACK CAME ONjI WAS WORKING
WITH MR. LAPHAM AND WHEN MACK CAME ON WE HAVE BEEN WORKING WITH HIM TO
TRY AND STRAIGHTEN THE SITUATION OUT IN THE BEST MANNER POSSIBLE. THIS
IS THE CULMINATION OF ALL THAT PROBLEM.
SUPERVISOR WALTER- HAS THE SITUATION DETERRORATED?
MR. LYNN- IT HAS GONE FROM BAD TO WORSE , ITS ALL DOWN HILL .
COUNCILMAN OLSON- ITS CAVED IN .
MR. LYNN- IT IS REALLY A PROBLEMjI THINK WE HAVE TO CONSIDER THE WELFARE
OF THE NEIGHBORS.)THAT IS A VERY IMPORTANT PROBLEM THAT WE HAVE .
SUPERVISOR WALTER- THANK YOU. WE ALSO HEARD FROM OUR HEALTH OFFICER
DR. JOHN DIER, DR. DIER WOULD YOU WANT TO ADD ANYTHING':'TO THE TESTIMONY
AT TiIS TIME?
DR. DIER- I THINK THAT EVERTHING NEEDS TO BE SAID HAS BEEN SAIDjIF THERE
ARE ANY SPECIFIC QUESTIONS ABOUT THIS BEING A HEALTH HAZARD I WOULD TRY
AND ANSWER THEM BUT THIS IS FAIRLY OBVIOUS .
COUNCILMAN OLSON- I HAVE TWO QUESTIONS , WE HAVE A CONDITION THAT WE KNOW
IS A HEALTH HAZARD, IT IS A NUISANCE TO THE NEIGHBORSaIT IS NOT SAFE FOR
THE CHILDREN IN THE AREA AND THE PEOPLE THAT LIVE THERE. BUT , WE ALSO
HAVE A MAN THERE THAT DOES NOT HAVE TO BE RESTRAINED I WOULD NOT SAYS BUT
HE NEEDS ATTENTION . AS YOU TWO PEOPLEjTHAT WORK IN THIS FIELD EVERY
DAY, DO YOU HAVE A PLAN THAT YOU CAN TAKE CARE OF THE MAN -AND REMOVE HIM',
TO ADEQUATE HOUSING AND TRY TO GET HIM. . . THERE IS NO QUESTION WE HAVE TO
DO SOMETHING WITH THE PROPERTY WE HAVE GOT TO DO IT SOON.
DR. DIER-. . .THE ONLY WAY YOU COULD MAKE HIM DO SOMETHING WOULD BE TO
HAVE HIM DECLARED INCOMPE'DENT MENTALLY AND CERTAINLY AS HEALTH OFFICER
I DO NOT FEEL THAT IS MY ROLE AS FAR AS MAKING HIM�THAT IS THE ONLY
WAY I KNOW LEGALLY, TO PUT HIM SOMEWHERE.
SUPERVISOR WALTER- I THINK WE WERE INTERESTED IN THE FIRST QUESTION
THAT WAS ASKED TO YOU MR. LAPHAM , THAT HE HAD AN OPTION .
MR. LAPHAM- PROBABLY THE BEST ANSWER I SEE, ONE OF THE CONCRETE THINGS
THAT I HAVE DONE I WAS ABLE TO GET HIS MONEY WITHOUT HIS PERMISSION
THROUGH THE DOCTORS RECOMMENDATION AND THE SOCIAL SECURITY ADMINISTRATION
IT HAS BEEN PUT IN THE HANDS OF SOMEONE TO MANAGE HIS MONEY , iHE !:HG('S
ACCEPTED THIS AND BECAUSE OF THIS WE CAN PAY A LANDLORD, PAY A PROPERTY
OWNER FOR HIS RENT FOR ANY GIVEN MONTH VERY SIMPILY AND NEED OUT THE MONEY
TO HIM SO HE WOULD HAVE IT FOR HIS EXPENSES, IN HIS SITUATION, WE ARE
TALKING ABOUT BASIC LIVING ACTIVITIES. BY THAT. !! MEAN] GETTING UP IN THE
MORNING, GETTING YOUR BREAKFAST , GETTING DRESSED AND GOING OUT AND DOING
WHAT EVER YOU WANT TO DO , THAT IS HARD FOR HIM HE DOES NOT DO IT , IN WHAT
YOU MIGHT CALL AN ACCEPTABLE WAY. HE DOES NOT PRESENT A PICTURE-IF I
WENT TO A LANDLADY AND I SAID I DO NEED AN APARTMENT FOR A 60 YEAR OLD
MAN AND SHE WANTED TO MEET HIM, IF SHE MET HIMjI AM SURE SHE WOULD HAVE
SECOND THOUGHTS IMMEDIATELY. I CAN PROVIDE HIM CLOTHING, FOOD SHELTER
-MANY TIMES AND I HAVE TO WHOLE—HEARTED-WGREE WITH MRS. BAPP THAT EVERTHING
SHE SAID IS TRUEjTHAT HE JUST DOES NOT HAVE ANY SENSE OF PERSONNEL
;HYGIENE .'OR MANAGING MONEY OR ANY OF THE NORMAL KINDS OF THINGS THAT �..�
WE DO . BUT HE WILL BE COOPERATIVE TO THE EXTENT THAT IF YOU CAN GET
HIS TRUST AND CONFIDENCE HE WILL MOVE INTO , WELL , I HAVE HAD HIM IN
SEVERAL BOARD SITUATIONS BUT IT HAS BROKEN DOWN , AND I EXPECT IT TOO. i
I EXPECT TO GET A CALL FROM HIM OR THE LANDLORD THAT HE CAN NO LONGER
STAY THERE. I HAVE USED EVERY GUISE AND EVERY TRICK I CAN THINK OF
TO VISIT THE COUNTY HOME , I HAVE ALSO USED A LOT OF DIFFERENT METHODS
TO TRY AND GET HIM TO HAVE AN EXAMINATION . THE ONLY TIME HE HAS REALLY
HAD THAT WAS WHEN HE WAS ADMITTED TO THE HOSPITAL . I CAN ASSURE YOU
I DO NOT THINK I AM STEPPING OUT ON A LIMB , I CAN RELOCATE HIM.
COUNCILMAN EISENHART- HOW SOON?
MR. LAPHAM-7I WOULD LIKE TO GO INTO PROBABLY THE FIRST WEEK IN JUNE.
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COUNCILMAN EISENHART- YOU WILL HAVE HIM OUT OF THERE BY THE END OF THE
FIRST WEEK IN JUNE?
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MR. LAPHAM- I THINK WE OUGHT TO BE ABLE TO ACCOMPLISH THAT.
1 COUNCILMAN OLSON- WE CAN 'T DO ANYTHING WHILE HE IS STILL THERE.
COUNCILMAN MONAHAN- MR. LAWHAM, IS HIS PERSONAL PROBLEM SOMETHING OF
RECENT TIME OR HAS IT GONE ON FOR MANY YEARS.
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MR. LAPHAM- I KNEW HIM IN THE EARLY 70 'S WALKING THE CORINTH ROAD BACK
AND FORTH AND I NEVER MET HIM, I DID NOT MEET HIM UNTIL PROBABLY THE
FALL OF 79 AND THEN HE WAS LIVING WITH HIS MOTHER. I BEGAN TO REALIZE
THAT THERE MUST HAVE BEEN A LONG HISTORY OF MEDICAL PROBLEMS , PERSONEL
PROBLEMS, PERSONALITY PROBLEMS , MUCH OF IT I DO NOT KNOW. MUCH OF IT
I COULD NOT GET EITHER FROM HIM OR HIS MOTHER-THERE MAY BE A LOT MORE
THAT OTHER PEOPLE KNOW THAT I JUST DON "T. I CAN COMMUNICATE WITH HIM
I KNOW HE IS A LITTLE CONFUSED SOMETIMESjMAINLY ITS HIS COMMUNICATION
I KEEP COMING BACK TO.
COUNCILMAN MONAHAN- IT WAS A MANAGEABLE PROBLEM AS LONG AS HIS MOTHER
WAS ALIVE.
MR. LAPHAM- I DO NOT THINK EVEN THEN IT WAS VERY GOOD-I WAS AFRAID OF
PHYSICAL ABUSE AT THE TIME BUT COULD NOT PROVE ANYTHING. I THINK ONCE
SHE DIED . . . ALL THE APPLIANCES WENT RIGHT OUT THE DOOR THE STOVE THE
REFRIGERATOR ALL THE FURNITURE AND I NEVER COULD GET AN ANSWER AS TO
WHAT WAS GOING ON OR WHY,
COUNCILMAN OLSON- HE ALSO TORE OUT ALL THE INSULATION AND ALL THE PANELING
OUT OF THE INSIDE OF THE MOBILE HOME HE TOLD ME HE WAS LOOKING FOR SOMETHING
IN THE WALLS THAT HE HEARD AT NIGHT, THEN HE WAS PAINTING THE PUMP HOUSE
-WITH NO ELECTRICITY. FOR A COUPLE OR THREE MINUTES HE COULD CARRY ON
A GOOD CONVERSATION AND THEM HE WOULD GO BACK AGAIN.
MRS. RICHARD BAPP- WE HAVE LIVED IN THE NEIGHBORHOOD FOR FIFTEEN YEARS -
HOMER'S MOTHER WAS ANINVALID� SHE WAS A VERY ELDERLY LADY BUT SHE WAS VERY
SHARP, AND VERY WELL ORIENTED. SHE WOULD MANAGE THE MONEY FOR THE FAMILY
THERE WAS JUST HER AND HOMER AND SHE WOULD TELL HIM WHAT TO BUY, HOW TO
BUY IT AND WHEN THINGS WERE DUE TO BE PAIDjHOW TO HANG UP THE CLOTHES. HOMER
WOULD BE HER LEGS , HE WOULD DO THESE THINGS FOR HER. THEN HE GOT _R"I-ITTLE
BIT WORSEjSHE GOT MORE DIBILATATED AND MORE ELDERLY, HOMER BECAME MORE
RADICAL. ONE DAY I WENT OVER TO THE TRAILER HEjCALLED ME OVER HE HAD
TIED HIS MOTHER TO A CHAIR] NOW THAT SOffil yTy R3.BLE OF COURSE IT WAS BECAUSE
HE WAS A CHAIN SMOKER, .HIS REASONING W gAAAr_; NVALID AND HE WAS AFRAID SHE
"WOULD FALL OUT OF THE CHAIR� SO HE TIED THE POOR SOUL UP IN THE CHAIR NOT
REALIZING HOW HE WAS GOING TO GET HER OUT IF ANYTHING HAPPENED., SHE
KIND OF LAUGHED ABOUT IT. AFTER SHE DIEDjTHEN HOMER RAPIDLY DISENTREGATED
EVER(THING, HE NO LONGER HAD SOMEONE TO TELL HIM OR- SOMEONE THAT HE , I DO
NOT NOW IF HE FEARED HER ENOUGH OR WHAT] SHE WAS A LITTLE TINY THING BUT
SHE REALLY RULED THE WHOLE THING. , WHEN SHE WENTi HE NO LONGER PAID ATTENTION
TO PEOPLE WHO TRIED TO ADVISE HIM ON HOW TO DO THINGSjHIS ONLY THOUGHT WAS
THAT WAS HIS HOME AND HE WANTED TO STAY THERE. I DO THINK HOMER WAS
CONVINCED TO GO AWAY.,WHEN THERE WAS NO HEAT IN THE TRAILER AND NO WINDOWS
HE IS NOT THAT FAR RETARD® OR WHATEVER. . . I THINK IF THE TRAILER WAS REMOVED
HOMER WOULD NOT RETURN-I THINK IF YOU REMOVE THE TRAILER YOU REMOVE THE
PROBLEM, YOU CERTAINLY GOT THROUGH TO HIM LAST WINTER THAT HE COULD NOT
LIVE THERE , HE:--KNEW THAT , WHEN THE WEATHER RETURNED , HOMER RETURNED. . . .
COUNCILMAN MORRELL- I HAVE ONE QUESTION FOR TOM , MR. ECKERSONANO KNOWN
LIVING RELATIVES?
MR. LAPHAM-- YES HE DOES , HE HAS A BROTHER IN FLORIDA-HE CAME TO THE MOTHERS
FUNERAL WE TALKED WITH THE BROTHERjHE SIMPLY REPEATED WHAT HE KNEW ABOUT
HOMER AND THE FACT THAT HE WAS DIFFICULT:' MOST OF OUR CONVERSATION WITH
THE BROTHER WAS ABOUT THE PROPERTY AND THE BROTHER HAD NO INTEREST IN
�^ THE PROPERTY WHAT-SO-EVER. SINCE HE LIVED OUT OF THE AREA HE HAD VERY
LITTLE CONTACT WITH HIS BROTHER OR WITH OUR OFFICE.
COUNCILMAN MORRELL- YOU MENTIONED SOMETHING EARLIER , THIS MAN HAS NEVER
BEEN EVALUATED AS TO WHETHER OR NOT HE IS COMPETENT'TO TAKE CARE OF
HIMSELF?
PAR. LAPHAM- ALL I KNOW ISl 1 BELIEVE IT WAS EITHER LAST SPRING OR Itr
1481 HE WAS `�TTED TO THE HOSPITAL WITH PHLIBITUS OR SOMETHINGjWE
ASKED FOR AN EVALUTATION FROM MENTAL HEALTHjI THINK THEY FOUND HIM TO
BE OF SOUND MIND,# HE ANSWERED THEIR QUESTIONS_, THEY FELT HE WAS OK.
I DO NOT THINK HE HAS HAD A REALLY GOOD PHYSICAL EVALUATION OR WORKUP
MENTAL OR PHYSICAL. I KNOW HE HAS GOT SOME MEDICAL PROBLEMS BUT HE
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HIMSELF DOES NOT HAVE A DOCTOR NOR DOESnSEEK OUT MEDICAL HELP.
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COUNCILMAN MORRELL- IS THERE ANY PROCEDURE WHERE BY THIS COULD BE
ACCOMPLISHED , THROUGH HIS BROTHER IN FLORIDA? I HAVE GOT KIND OF
A HANG UP HEREOI BELIEVE THAT PEOPLE ' S DIGNITY SHOULD BE PROTECTED
AT ALL COSTS AND LIKE MRS. BAPP SAID� IF HOMER CAN GET SOME HELP
THEN I THINK WE CAN ABATE THE PROBELM FOR EVERYBODY , BUT WHAT ARE
WE GOING TO DO WITH HOMER?
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SUPERVISOR WALTER- THE TOWN BOARD MEETING AS THE BOARD OF HEALTH
REALLY DOES NOT HAVE ANY JURISDICTION OVER HOMER AND HIS PERSONAL_
LIFE-WHAT WE ARE DEALING WITH NOW IS THE PROPERTY A LETTER TO MR.
ECKERSON INDICATED THAT IT WAS A HEALTH HAZARD FOR THE NEIGHBORHOOD
AND IT WAS UNFIT FOR HUMAN HABITATION AND THAT IF THE BOARD WISHES
TO TAKE ANY ACTION AS THE BOARD OF HEALTHjIT WOULD BE UNDER THOSE
AUSPICESINOT THE CONDITION OF MR. ECKERSON BUT RATHER THE PROPERTY
HE INHABITS.
COUNCILMAN MORRELL- WE HAVE TWO PROBLEMS HERE.
SUPERVISOR !'IALTER- BUT WE HAVE NO AUTHORITY TO HANDLE MR. ECKERSON PROBLEM.
COUNCILMAN OLSON- IF A MOTION CARRIES THAT WE CONDEMN THE PROPERTY, WE REALLY
CAN NOT INSTRUCT ANYBODY TO CLEAN UP UNTIL HE IS REMOVED FROM THE PREMISES.
SUPERVISOR WALTER- I DO NOT BELIEVE THAT IS TRUE.
COUNCILMAN OLSON- WHAT ARE WE GOING TO DO WITH HIM',' PUT HIM OUT BY A TREE
SOMEPLACE?
SUPERVISOR WALTER- THIS TOWN BOARD MEETING AS THE BOARD OF HEALTH HAS
SCHEDULED A PUBLIC HEARING INDICATING THAT THE PROPERTY ON OGDEN ROAD
IS A HEALTH HAZARD IN THE NEIGHBORHOOD AND UNFIT FOR HUMAN HABITATION.
ANY ACTION THAT WE TAKE THIS EVENING WOULD DEAL ONLY WITH THAT . THE
QUESTIONS THAT WE HAVE ASKED MR. LAPHAM ARE AS I INDICATED BEFORE. MERELY
AN ASIDEjI THINK THAT THERE IS A GENERAL CONCERN OF WHAT HAPPENS TO A
PERSON WHEN HIS PROPERTY IS DECLARED UNINHABITABLE AND IF THERE IS
SOME PLACE OR SOME -WHERE THAT HE WILL BE CARED FOR. I THINK MR.
I LAPHAM HAS GIVEN US AN INDICATION THAT THE !BARREN CO. DEPT. OF SOCIAL
' SERVICES HAS HAD MR. ECKERSON AS A RESPONSIBILITY PREVIOUSLY AND THAT
THEY WILL CONTINUE TO OVERSEE HIM AS A RESIDENT OF WARREN COUNTY.
COUNCILMAN MONAHAN- I THINK WE COULD MAKE A MOTION NOT TO DO ANYTHING
FOR TWO WEEKS AND THAT WOULD GIVE HIM A CHANCE TO RELOCATE.
COUNCILMAN OLSON-WE HAVE DEALT WITH UNSAFE STRUCTURES EAND�{HgEALTHH HAZARDS
SEPOTIC THESE
THETPEOPLEIN^AOVV P�%NTOASUSE
J
THERE WAS SOMEONE LIMING THERE AND WAS COMPETENT TO TAKE CARE OF THE
PROBLEM) BUT I CANNOT REMEMBER OF A SITUATION OF ANINDIVIDUAL WHO CAN ' T
TAKE CARE OF HIS OWN SELF.
COUNCILMAN MONAHAN- THAT ONLY MAKES IT WORSE AS FAR AS THE NEIGHBORS ARE
i CONCERNED.
COUNCILMAN OLSON- IT SURE DOES , BUT WE STILL HAVE A HUMAN BEING .
COUNCILMAN MONAHAN- IF WE PUT A TIME SCHEDULE IN THERE TO GIVE SOCIAL
SERVICES TIME TO GO IN .
COUNCILMAN OLSON- I THINK IT IS GOOD TO KNOW HE HAS SOMEONE HE TRUSTS i
AND HAS CONFIDENCE IN TO HANDLE HIS MONEY , MAYBE THAT PERSON COULD
GET CONFIDENCE IN FINDING A PLACE
COUNCILMAN EISENHART- I WILL MOVE THAT THE BUILDING BE DECLARED, THE
PROPERTY BE DECLARED UNINHABITABLE AND UNSAFE AND THAT I GUESS THAT
WE CAN ADD TO THATjTHE TOWN HIGHWAY DEPT . CLEAN UP THE PROPERTY AFTER
NOT LESS THAN TWO WEEKS OR AT THE END OF THE FIRST WEEK IN JUNE .
SUPERVISOR WALTER- IN ORDER°' TO TAKE ANY ACTION AT ALL THAT WE HAVE TO
INDICATE FOR THE RECORD THE FINDINGS OF THIS TOWN BOARD-I WOULD SAY AS
FAR AS THE FINDING ARE CONCERNED REGARDING THE PROPERTY OF MR. ECKERSON
OGDEN ROADIBY ON SITE INSPECTION OF THE TOWN BOARD BY THE TESTIMONY OF
THE NEIGHBORS' ND THE BUILDING AND ZONING DEPT. OFFICIALS THE HEALTH
OFFICER OF THE TOWN AND FROM TESTIMONY FROM SOCIAL SERVICES MR. LAPHAM
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THAT THERE ARE NO SANITARY FACILITIESjTHERE IS NO WATER , IT IS
GARBAGE LADENED PROPERTY THAT THE BUILDING I$ UNINFIABTTABLE,,
ARE NO WINDOWS-AFTER THOSE FINDINGS WE WOULD HAVE A MOTION ON WHAT TO DO ABOUT IT, DOCTOR HAS MOTIONED THAT WE DECLARE IT A HEALTH
HAZARD, UNINHABITABLE AND THAT WE DIRECT OUR HIGHWAY DEPT. TO CLEAN
UP THE PROPERTY AND RAISE THE BUILDING AFTER JUNE 15TH
COUNCILMAN MONAHAN- ASKED THAT IN THE FINDINGS IT BE DECLARED A FIRE HAZARD.
i
{
SUPERVISOR WALTER-IT WILL BE ADDED TO THE FINDINGS. . . FIRE HAZARD IN--AS-
i MUCH AS THERE HAS BEEN SEVERAL FIRES
COUNCILMAN OLSON- IT IS DANGEROUS TO THE SURROUNDING NEIGHBORS, I WOULD
SECOND THAT MOTION. I WOULD ADD TO THE MOTION THAT ALL THE P
EX ENS S
t
E
INCURRED BY THE HIGHWAY DEPT. WILL BE CHARGED BACK TO THE PROPERTY.
SUPERVISOR WALTER- ASKED FOR FURTHER DICUSSIONj NONE WAS HEARD,
RESOLUTION DECLARING HEALTH HAZARD
RFSOI UTION_NO. 3 -1983
INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED
BY MR. DANIEL OLSON :
WHEREAS, THE QUEENSBURY BOARD OF HEALTH HAS LEGALLY ADVERTISED A PUBLIC
HEARING ON THE DECLARING OF THE TRAILER OF HOMER ECKERSON OF OGDEN ROAD
UNFIT FOR HUMAN HABITATION AND
WHEREAS, THE PUBLIC HEARING WAS HELD ON MAY 24 , 1983 AT 7 :30 P. M.
AT THE QUEENSBURY TOWN OFFICE BUILDING, 'BAY �ANDrHAVILAND RDS . GLENS
FALLS, NEW YORK 12801 : AND ALL INTERESTED PARTIES WERE HEARD AND
WHEREAS, THE QUEENSBURY BOARD OF HEALTH WISHES TO LIST THEIR FINDINGS
OF THE ONSIIE INSPECTION OF THE: ,-ECKERSON TRAILER AND THE TESTIMONY
OF NHGHBORS , BUILDING S ZONING OFFICIALS , AND MR. LAPHAM OF SOCIAL
SERVICES OFFICE OF WARREN COUNTY AND DR. DIER HEALTH OFFICER f
i
1 . NO SANITARY FACILITIES
""�-- 2 . NO WATER
3. GARBAGE LADEN ! PROPERTY I
4. BUILDING UNINHABITABLE
5. NO WINDOWS IN TRAIEER
6 . FIRE HAZARD
NOW , THEREFORE BE IT
RESOLVED, THAT THE QUEENSBURY BOARD OF HEALTHjUPON ITS FINDINGS) DECLARES
THE TRAILER OF MR. HOMER ECKERSON OF OGDEN ROAD UNINHABITABLE AND UNSAFE
AND BE IT FURTHER
RESOLVED, THAT THE QUEENSBURY HIGHWAY DEPT. IS REQUESTED TO CLEAN UP THE
PROPERTY OF MR. HOMER ECKERSON OF OGDEN ROAD AND RAISE THE BUILDING AFTER
JUNE 15TH OF 1983 AND BE IT FURTHER
RESOLVED, THAT ANY EXPENSES INCURRED BY THE QUEENSBURY HIGHWAY DEPT. BE
ASSESSED TO THE PROPERTY TAXES ON QGDEN; SAD,'.'TOWN I!QE :OUEBNSBURY.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , ?1R. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
^---
ABSENT . NONE
MR. LAPHAM- REQUESTED A COPY OF THE TESTIMONY. . .
ON MOTION OF MR. OLSON , SECONDED BY MR. MORRELL THE BOARD OF HEALTM
ADJOURNED.
QUEENSBURY TOWN BOARD
SUPERVISOR WALTER- THANKED MR. LAPHAM AND DR. DIER FOR BEING HERE THIS
EVENING AND ALSO THE NEIGHBORS
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PUBLIC HEARING-AMENDMENTS TO THE QUEENSBURY SIGN ORDINANCE ORDINANCE
NUMBER 46 NOTICE SHOWN HEARING OPENED 8 : 17 P. M.
SUPERVISOR WALTER- IS THERE ANYONE FOR THE PUBLIC WHO WISHES TO SPEAK?
NO ONE SPOKE. . .
COUNCILMAN EISENHART- THIS WILL REMOVE DISCREPANCIES OR CONFLICTS BETWEEN i
THE SIGN ORDINANCE AND THE GENERAL ZONING ORDINANCE. . .
SUPERVISOR WALTER- ARE THERE ANY COMMENTS FROM THE PUBLIC? HEARING NONE
THE PUBLIC HEARING WAS CLOSED 8 : 19 P. M.
PUBLIC HEARING-AMENDMENTS TO THE nUEENSBURY ZONING f1RDINANCE 8 : 19 P. M.
NOTICE SHOWN
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SUPERVISOR WALTER- THEY HAVE BEEN PUT TOGETHER BY THE PLANNING BOARD
WHO HAVE BEEN WORKING FOR CLOSE TO A YEAR UNDER THE NEW ZONING ORDINANCE-
IT HAS BEEN RECOMMENDED FOR APPROVAL BY THE PLANNING BOARD AND BROUGHT
TO THE BOARD BY THE BUILDING AND ZONING DEPT. ASKED FOR PUBLIC INPUT. . .
MR. FRANK MURRAY-!'IDGE ROAD-SECTION 7079 BUFFER ZONES EYEM"T FARMS FROM
THIS PROVIDSION . . .THE IDEA ORIGINALLY OF THE ZONING ORDINANCE WAS TO
PROTECT THE PROPERTY OWNERS. . . IN ORDER TO PROTECT PEOPLE SUCH ASJIN AN
AREA AS OURS) WHERE YOU HAVE A SMALL AREA COMPLETELY SURROUNDED BY HOMES
AND TO PUT A FARM IN THE MIDDLE OF IT . AFTER THE HOMES ARE THERE I DO NOT
THINK THAT IS FAIR TO THE HOMES. IF THE FARM IS PUT IN AN )OPEN AREA
WHERE THERE ARE NOT MANY HOMES AND THERE HAS BEEN A HISTORY OF FARMS
AND PEOPLE KNOW THERE IS FARMS AND THEY BUILD HOMES THEN THAT IS A
DIFFERENT THING. WHEN I WENT TO THE ZONING BOARD TO COMPLAIN ABOUT
IN OUR AREAJTHERE WAS A COMMERCIAL FARM BEING DEVELOPEDJTHEY SAIDjWELL
WHAT DO YOU HAVE TO WORRY ABOUT YOU HAVE A FIFTY FOOT BUFFER ZONE.
A FIFTY FOOT BUFFER IS A .MINIMUM YOU CAN DO FOR PEOPLE IN ANY AREA
IN THE TOWN. FIFTY FOOT IS SOMETHING. . . I BELIEVE THAT YOU SHOULD RETAIN
THAT . . .NOTED ESPECIALLY ON A FARM WITH ANIMALS . .
10. Q51A DELETE TYPE TWO SITE PLAN REVEIW ONLY FROM THIS SECTION
TO REMOVE THAT SECTION OR ANY TYPE 2 SITE PLAN REVIEW FROM HAVING
TO GO TO THE COUNTY PLANNING BOARD IN THIS COUNTRY WHERE YOU HAVE
CHECKS AND BALANCES AT LEAST IT DOES OFFER ANOTHER FORUM TO GO TO. . .
I DO NOT BELIEVE THAT SHOULD BE REMOVED.
MR. RAYMOND RYDER-WERE THERE IS A DEVELOPMENT THAT WILL GO ACROSS
A ROAD I THINK WARREN CO. SHOULD HAVE SOMETHING TO SAY ABOUT IT. . .
IF THEY ARE TO CHANGE A STREAM OR CHANGE THE TOPOGRAPHY OF THE
LANDiSOMEBODY SHOULD HAVE A LITTLE BIT FROM WARREN COUNTY TO EXPRESS
THIER FEELINGS. . .
MR. MATHIAS- REVIEWED THE SITE PLAN REVIEW PROCESS . . . THE PLANNING BOARD
REQUESTED TO DELETE THE WARREN COUNTY PLANNING BOARDjBECAUSE AS A PRACTICAL
MATTERS IS NOT USED TO MAKING INITIAL REVIEWS OF THESE APPLICATIONS THEY
FELT (WHAT WAS HAPPENINGjWAS CREATING A SITUATION THAT YOU GAVE ANOTHER
HOOP FOR SOMEBODY TO JUMP THROUGH BUT THEY WERE NOT GETTING ANY KIND OF
SUBSTATCVE REVIEW ON THE COUNTY LEVEL.
j MRS. RYDER- WHAT YOU ARE SAYING THEN WHEN WE WENT UP THERE THAT TIME
IN MARCH THEY HAD NOT REALLY GONE INTO IT IN ANY DETAIL. . .
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1 MR. MATHIAS- I CANNOT SAY WHAT THEY DID. . .
MRS. RYDER-MY INTREPRETATION WOULD BE THAT THEY RECEIVED THE CORRECT �✓
PAPERS ETC. THEY REALLY HAD ALREAD( MADE UP THEIR MINDS BASED ON WHAT
WAS DECIDED HERE. IN OTHERWORDS , THEY DO NOT HAVE THE TIME TO GO INTO
THIS AS THE TOWN DOES , THAT IS WHAT YOU ARE SAYING. . .
MR. MATHIAS- I THINK THAT IS WHAT THE REASON .FOR IT , TO ELIMINATE IT,
SOME PEOPLE WOULD SAY THAT WE ARE CUTTING RED TAPE BY ELIMINATING
ANOTHER LEVEL OF BUREAUCRATIC REVIEW. BY STATE LAW THEY ARE
MANDATED TO REVIEW VARIANCES IT IS OUR INTREPRETATION THAT THEY ARE
NOT MANDATED TO REVIEW SITE PLAN REVIEWS .
MR. RYDER- IS A SITE PLAN REVEIW A VARIANCE?
MR. MATHIAS-- NOJIT-- LS NOT DEFINED UNDER THE SECTION OF LAW . . .
MR. RYDER- I AGREE THAT THIS CHANGE WOULD BE EASIER FOR THE PLANNING BOARD
BUT IT IS NOT AS GOOD FOR THE RESIDENTS OF THE TOWN OF QUEENSBURY .
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MR. MURRAY- IT DOESN 'T HAVE TO BE A RUBBER STAMP,� IT OFFERS ANOTHER
AVENUE FOR A DEVELOPER 'T&AGO TO ANO HE DOES`NOT HAVE TO GO TO CHAPTER 78
CHECK AND BALANCES. . . NOTED THAT IF A SITE PLAN REVIEW IS THE SAME AS
A VARIANCE ELIMINATING THE SITE PLAN REVIEW FROM THE WARREN CO. PLANNING
BOARD) COULD COST THE TOWN A LOT OF MONEY
MR. MATHIAS- I DISAGREE WITH YOUR ANALYSIS. . .THE PROCEDURE UNDER SITE
PLAN REVIEWJTHE ULTIMATE DECIDER , IS� THE TOWN PLANNING BOARD� THEY MAKE
THE DECISIONS IT IS NOT LIKE A VARIANCE WHERE YOU GO TO THE ZONING BOARD
OF APPEALS. . . IF THE WARREN CO. PLANNING BOARD DENIES IT THEN IT GOES BACK
TO THE TOWN PLANNING BOARD AND THEY HAVE TO HAVE AN EXTRA MAJORITY TO
APPROVE IT.
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MR. MURRAY- THAT GIVES THEM TOO MUCH AUTHORITY AT LEAST THIS GIVES THEM
ANOTHER ALTERNATIVE
MR. MATHIAS- ON THE PUD PORTION SECTION 15. 044 C REQUESTED THE FOLLOWING
BE CHANGED FROM ' 'THE TOWN BOARD SHALL ACT UPON THE PLANNING BOARD
RECOMMENDATIONS WITHIN 45 DAYS! 'BE CHANGED TO 90 DAYS. . .
COUNCILMAN OLSON- 99 . WHY ARE MOBILE HOMES LISTED UNDER THIS SECTION?
THE TOWN BOARD IS THE ONLY GOVERNING BODY THAT DEALS WITH MOBILE HOMES, . .
MR. LYNN- . . . THEY ARE A STRUCTURE AND ARE SUBJECT TO THE REQUIRED SETBACKS
THAT A SINGLE FAMILY DWELLING WOULD BE. . .
1
MR. MATHIAS- 99. MR. PRIMENAS RECOMMENDED THAT ABOVE MUND TANKS BE
j ADDED TO THE DEFINITION . , .
MR. LYNN- NOTED THAT THE APA WOULD LIKE TO SEE ABOVE GROUND TANKS ADDED
THE CONCERNS OF THE APA HAVE NOT BEEN RECEIVED THROUGH THE MAIL AS OF
IH S DATE BUT I WAS CALLED BY THE COUNSEL TO THE APA AND HE LISTED
THEIR CONCERNS. . , 1 . ACCESSORY STRUCTURE , CONCERNED OVER THE SHORE LINE
REQUESTED THAT THE WORD AFFIXED TO CHANGED TO PLACED. . . IN THE DEFIN ION. . .
2 , FOR STORAGE SHED LESS THAN 100 SQ. FEET PROVIDE A SEPERATE AMENDMENT
TO ARTICLE 7
SUPERVISOR WALTER- WASN 'T THERE A REASON WHY THE WORD AFFIXED WAS USED?
-- MR. LYNN-YES.
MR, MATHIAS- IT WAS TO MAKE IT MORE REASONABLE IN TERMS OF HOW THE ORDINANCE
WORKED OUT. . .
COUNCILMAN MORRELL- WE HAVE A PROBLEM WITH CORNER LOTS IN THAT THEY HAVE
NO BACK YARDS , IN ORDER FOR SOMEONE WITH A LARGE CORNER LOT TO PUT IN
A SWIMMING POOL THEY CANNOT GET A BUILDING PERMIT UNLESS THEY GO TO THE
PLANNING BOARD TO GET A 'VARIANCE. . .
MR. LYNN- THAT IS A PROBLEM WITH THE DEFINtTION . . . RIGHT NOW WE ARE IN THE
SEASON FOR POOLS AND IT MAKES IT CUMBERSOME TO MAKE SOMEONE GO THROUGH A
VARIANCE. . . PLUS A THREE WEEK DELAY. . . SO FAR THIS- YEAR WE HAVE HAD
TWO VARIANCE APPLICATIONS AND WE ARE GOING TO HAVE TO HAVE ANOTHE*NE
IF THIS PROPOSAL DOES NOT GO THROUGH. . .
COUNCILMAN OLSON IN REGARD TO MR. MURRAY 'S QUESTION ON BUFFER ZONES ,
DO WE HAVE ANY ZONE WHICH BORDERS RESIDENTIAL PROPERTY WHERE WE DO
NOT SPECIFY A BUFFER ZONE?
MR. LYNN- WHAT THE ZONING ORDINANCE SAYS ISjTHAT WHERE YOU HAVE A COMMERCIAL
USE THAT ABUTT!§ A RESIDENTIAL USEiTHE COMMERCIAL USE WILL MAINTAIN A 50 '
BUFFER ZONE. . . WHAT THE PROPOSAL IS TO EXEMPT THE FARM FROM THAT SECTION
OF THE ORDINANCE. . . . , . APA OBJECTS TO THE NEW DEFINITION OF LANDSCAPING^-
THEY ALSO WOULD LIKE TO CHANGE OUR SETBACK DEFINITION TO INCLUDE OR SHORE-
LINE. . . THEY QUESTIONED THE LEGALITY OF THE SITE PLAN REVIEW DELETION
. , WE DO HAVE THE COUNTY VIEW ON THAT AND THEY TOOK THE POSITION THAT
THEY ARE NOT INTERESTED IN THE TYPE TWO SITE PLAN REVIEW AND FROM WHAT
THEIR INFORMATION ISJTHAT IT IS NOT REQUIRED BY THE GENERAL MUNICIPAL LAW,
MR. DEAN- NOTED THAT CLASS C&D FARMS MUST GO TO SITE PLAN REVIEWS TO THE
PLANNING BOARDIAT THAT TIME THE PLANNING BOARD CAN STIPULATE THAT THERE
WOULD BE A CERTAIN ZONE IF THERE ARE HOMES INVOLVED C_BUFFER ZONE)
SUPERVISOR WALTER- COUNSEL HAS NOTED THAT TT ISMINOT NECESSARY TO PASS
TN-IS AS A PACKAGE BUT THAT WE CAN TAKE THE SECTIONS THAT WERE LEGALLY
ADVERTISED ON THEM INDEPENDENTLY-IF THERE ARE QUESTIONS ON GERTAIN AREAS
WE CAN HOLD THOSE AND TABLE DECISIONS. , . AND PASS THOSE SECTIONS WE HAVE
NO PROBLEM WITH.
182
COUNCIL N OLSON- I DO NOT THINK WE SHOULD TAKE ANY ACTION ON ANY OF THE
QUESTI07THE APA BROUGHT UP UNTIL THE PLANNING BOARD REVIEWS THEM. . .
MR. RYDER- DOES THE APA RECOGNIZE THE SHORE LINE THE REAR OF THE PROPERTY?
MR. LYNN-THERE WOULD Be TWO FRONTS AND TWO SIDES. . .
SUPERVISOR WALTER- ASKED FOR FURTHER COMMENTS . . . HEARING NONE THE PUBLIC
HEARING WAS CLOSED. . .
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RESOLUTIONS
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RESOLUTION NO . 107 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY DR. CHARLES EISENHART :
RESOLVED, THAT THE TOWN BOARD MINUTES OF MAY 10 , 1983 BE AND HEREBY
ARE APPROVED.
DULY ADOPTED BY THE FOLUOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
RESOLUTION OF APPRECIATION
R S0IIITT0N Kin 108 , INTRODUCED BY THE ENTIRE TOWN BOARD
i
WHEREAS , THE JOINT EFFORTS OF THE FIVE QUEENSBURY FIRE COMPANIES
AND THE THREE QUEENSBURY RESCUE SQUADS RESULTED IN THE SUCCESSFUL
' ' 1983 EXPO " IN QUEENSBURY ON SUNDAY MAY 22 , IAND
WHEREAS, THE PROJECT TOOK ADDITIONAL TIME AND EFFORT ON
THE PART OF THE VOLUNTARY FIRE DEPARTMENT AND RESCUE SQUAD
MEMBERS , f
NOW, THEREFORE BE IT
I
° RESOLVED, THAT THE QUEENSBURY TOWN BOARD WISHES TO EXTEND THEIR
APPRECIATION AND GRATITUDE TO ALL THOSE MEMBERS WHO PARTICIPATED
IN THIS MOST WORTHWHILE ENDEAVOR.
DULY ADOPTED RY THE FOLLOWN; VOTE -
AYES . MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT: NONE
DISCUSSION HELD : COUNCILMAN MONAHAN- THEY DID A FANTASTIC JOB-SOME OF
THEIR EQUIPMENT IS ALMOST SPACE AGE EQUIPMENT THAT THEY ARE USING FOR
RESCUE WORK_ . .!SUPERVISOR WALTER- I SPENT A LOT OF i'TljmF, THERE AND FOR
MYSELF] IT WAS QUITE AN EDUCATION . COUNCILMAN OLSON- I WATCHED W. G. F.
DEMONSTRATE THE JAWS IT WAS VERY INTERESTING AND THEY DO A TERR"IFQCJOB. . .
COUNCILMAN MORRELL- I FELT IT WAS AN EXCELLENT PROGRAM AND HOPE THEY
CONTINUE TO HAVE ONE NEXT YEAR. ..
1
RESOLUTION OF APPOINTMENT TO THE POSITION OF DISTRIBUTION
AND MAINTENANCE SUPERVISOR
f
RESOI [ITT ON Nn _ 50.A, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY DR. CHARLES EISENHART :
WHEREAS , THE MANAGEMENT LEVEL POSITION OF DISTRIBUTION AND MAINTENANCE
SUPERVISOR IS VACANT DUE TO THE RETIREMENT OF STANLEY PHILLIPS AND
WHEREAS , WATER SUPERINTENDENT THOMAS FLAHERTY HAS INDICATED A NEED TO
FILL THE POSITION AND
WHEREAS , TIMOTHY BURCH HAS BEEN RECOMMENDED BY SUPERINTENDENT FLAHERTY
TO FILL THE VACANCY ,
NOW', THEREFORE BE IT
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183
RESOLVED , THAT TIMOTHY BURCH BE APPOINTED TO FILL THE POSITION OF
DISTRIBUTION AND MAINTENANCE SUPERVISOR FOR A SIX MONTH PROVISIONAL
PERIOD IN ACCORDANCE WITH CIVIL SERVICE REQUIREMENTS AT A SALARY OF
I $17 , 500 PER ANNUM AND BE IT FURTHER
I
RESOLVED, THAT NO ADDITIONAL OVERTIME PAY IS ALLOWED AND THAT THIS
TITLE AND RATE OF COMPENSATION IS EFFECTIVE AS OF MAY 23 , 1983.
DULY ADOPTED BY THE FOLLOWING VOTE :
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AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
`-- COUNCILMAN OLSON- MR. BURCH HAS WORKED FOR THE TOWN FOR NINE YEARS AND
HAD WORKED IN A SIMILAR CAPACITY LAST YEAR. . .
RESOLUTION AMENDING ORDINANCE NO. 46 OF THE TOWN OF QUEENSBURY
RESOLUTION NO . 110 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
WHEREAS , THE QUEENSBURY TOWN BOARD SET A PUBLIC HEARING ON AMENDMENTS TO
THE QUEENSBURY SIGN ORDINANCE NO. 46 AND
WHEREAS, THE PUBLIC HEARING WAS LEGALLY ADVERTISED AND HELD ON MAY 10 , 1983
AT 7 : 30 P. M. AT THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND RDS .
GLENS FALLS NEW YORK AND
WHEREAS , AT SAID PUBLIC HEARING ALL INTERESTED PARTIES WERE HEARD ON THE
AMENDMENTS , NOW THEREFORE BE IT
RESOWD, THAT THE FOLLOWING AMENDMENTS' BE ADDED TO ORDINANCE NO 46
-- OF THE TOWN OF QUEENSBURY
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ARTICLE lI Section 2 .100 - Definitions is amended to
184
include the following definitions :
3a. Commercial Zone - The following zoning districts
set forth in the Town of Queensbury 2oning Ordinance :
i
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 followin§ zoning districts
set forth in the Town. of Queensbury Zoning Ordinance : light
�...
industry; heavy industry; industrial reserve.
178. Residental Zone - The following zoning districts
set forth in the Town of Queensbury Zoning Ordinance: land
conservation 42 acres ; land conservation 10 acres; rural
residental 3 acres ; rural residental 5 acres ; lakeshore
residental 3 acres ; lakeshore residental l acre ; urban
residental 10, 000 s . f . ; urban residental 5, 000 s . f . ; suburban
residental 1 acre ; suburban residental 30, 000 s . f . ; surburban
residental 20, 000 s . f . ; single-family residental 10, 000 s . f . ;
single-fami ]y residental 20, 000 s .f . ; single- family
residental 1G , 000 s . f . ; single-family residental 1 acre .
3
ARTICLE III - Section 3 . 100 is hereby amended as
follows :
11 (a) . Residental zones shall be substituted in the
a
place and instead of R zones .
r
3 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 ) . Commercial zone and Industrial zone shall be
j substituted in the place and instead of C and M zone.
ARTICLE VI - Section 6. 103 is hereby amended as
i
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) . Residental zones shall be substituted for R
zones .
185
1 (B) . COMMERCIAL AND INDUSTRIAL ZONES SHALL BE
SUBSTITUTED FOR C AND M ZONES,
VOTE :AYES : - MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER
- ----
NOES : NONE ABSENT : DONE
RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE
RESOIIIT ON NO 1t1- INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
i
ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
WHEREAS , THE QUEENSBURY PLANNING BOARD PRESENTED THE TOWN BOARD WITH
SEVERAL AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE AND
WHEREAS , THE QUEENSBURY TOWN BOARD SET A PUBLIC HEARING ON MAY 24 , 1983
AT 7 : 30 P. M. ON THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AND
WHEREAS, THE PUBLIC HEARING WAS HELD AT THE SPECIFIED TIME AND PLACE AND
ALL INTERESTED PARTIES WERE HEARD ON THE PROPOSED AMENDMENTS TO THE
QUEENSBURY ZONING ORDINANCE NOW, THEREFORE BE IT
RESOLVED , THAT THE FOLLMING AMENDMENT BE ADDED TO THE QUEENSBURY ZONING
ORDINANCE :
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1 Section 2. 020 Definitions: t 'Y „
a)
104. "Yard" change word structure to read accessory use structure
and stake reference to landecapincl .
New definition to reads
. d
"Yarr " means an y s
Yad" to pace that in unoccupied except for
P g p
• o an to the sky, and on Chef Bduke lot with
€t building, structure or accannory uno atructure. (sera
definition 152 "i.andacaping")
New definitions to he added: J
1. "Eluildi.nd Line" means a line Formed by the intersection cif
a hariznntal plane of averA(je Miracle level and a vurt tC.c 1
plane that coincides with the exterior surface or the bitildinq
on any side. In the case of a Oant.ilcevt�ru_ct sect ton of a liuil:t-
ing the •pert ical piano will coinr- itin with the mo.;r [krc►jc t,rc�t
surface. All yard requirements a)-'-- measured to the h►►i ltlin��
line. (see definition It " ;etk►ack")
2. "school" means an institution housing a rurrirul►►m ,
a plant consisting of adr•clu.ite li►ci'li.ties, ik e]u.kl .i ! intl
staff to carry out its c,1)jcc.t ivt.s1.
i
Add new Section 5. 050 (d) "rxpira t ion of Site pl :►rk Rev i nw
Decision"
Unless otherwise specified or e.xtonded by tho Planninq Board ,
a decision on any Site Plan lteview ah:klt eixpirce i 1 ttk,L.
applicant ant fails to undertake the-! I: rop(*-J8Cd aA0t ic:,r► o I.ro jcct ,
to obtain any necessary buildingl permitS to construct. rt,y -
proposed now building (s) or c-hi►ng.L. any uxit ting t.,tii ),1in.i }
or to comply with the conditions of Said ckuthorit.itical wa
One (l) year from the filing di-st.0 of such duciskon thervtj'r" ---,
Add new section 10. 070 "Expiration of Variance novi .sit►n
by Zun i nt) lto+arcl ()t
Unless otherwise specified or extended by thr ?.oninn Board
Of Appeals, decision on any request for a var i.cncu ilk., 1 1
expire if the applicant fails to undier t ,,ke thti pr(_)pci:t'cl
action or project, to obtain any riOcessary hui lca i nil pt , mit
to construct any proposect new his i ldint
existing buildin l(s) or eh.ctk-tt. :,ny
9�s) , or to comply with tike Conclit. torrc, of
said authorization within one ( 1) year from thc? f i t i nil (tatc
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 he erected only in the rear yard of sttch
structure and shall be of, a tlist.knece rk(,)t less
than twenty feet from the rear WL 1 i,kc!s nc�r
IL-SS than 10 (1) feet from any side lut li.ne,
principal structure or attic trod or dc!tachc-ti
Jec. essory structure.
Add new paragraph
f) In the case where a lot fronts on two (2) or more
Public rights-of-way, it private swintmintl 1x•.ca1 ;I�ik11
be erected only on that ltt]k t.inn of tho 5rtitl lut_ that
is directly adjacent to th.kt t;id a of the prinCip.kl
building which is directly opposite the tcrchitc��.t�cr�il
main entrance of s.-j.icl Ltti tti.intl anti the nc. i'ltktjckr i ncl :.side
lot line. In no rase shall the 1-1001 1,e ikny nc�.i rt k to
the lot lines abutting arty public right-uf.-w.ay rtk,,n the
required front svLhr►r.k ! or' tho pri.ncirlai luki thin(l c,i
rtkc Irkn i n.) it
V U LJW11'mc)r.:, thta 1)04.j1 :II1.►1 'u�•Itc.1 1 rtmt 1 h � x 87
view of the public right-of-w.Iy .Intl the nviilhluil Intl
Property by means of landscaping . (1,ec cicl' i n i t I oil (A'
"1.as►dscaPing")
ZON TNC SCIIFDu1.F
Section 4 . 020-3 Highway Commercial Zones
a. Renumber permitted uses and rerlanp. the words
"such an" with the word "inclutlintl"
b. Adel to Permitted Uses - All Permitted uses in i'lazn
Cummerc iiI l Zone.
Add to Site Plan Review T
^.L. YPe II
No. 11. Ilosnitals, nursing homes, anti health related
facilities.
No. 12 Day Care Centers.
Delete from Permitted Uses and add tO Site Plan Review
Type I
No. 13. Auto repair shops
No. 14 . Automobile sales and service
No. 15. float storage, repair, sales
i
No. 16. Farm and construction equipment
sa ieVuervicu
No. 17. Mobile home sales
i Mew list of permitted uses to be stattvi as follows:
Per_ mitted UBes
Businesses which primarily
serve highwily tratfic including:
1. Fast food restaurants, diners,
bars
2. Places of public assembly
3 . Professional offices
4 . Office buildinUs
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
Add to Rural Residential (1111-3A, RR-`)A) , Urhan
1tesidential (Ult-5, UR-10) , Sub"t-b.Irl kt?sidc►nt ,.11
('"H-1A, SR-30, S11-20) , ;iinrl le r•.,nli ly ltt•:;i.lc•nl i.1 1
(!4'11-10, SPR-20, SFR-30) u[►der Silt! !Tart lgcvit•w
Type II ;
A, Schools
,a
H. Churches, Synagogues (lll.acc� of wnr-s;hil-j)
I
188
Add to Urban Residential (UR-5, L1R-10) , Suburban
Residential (Sit-IA, Slt-:10, SR-20) under Site: Plan
Review Types 11 :
A. llospitals, nursing homes, health relarecl
facilitiao Huch as outptatic!nt ctinteli,
laWratories, physical t.liorikpy Peace.1 i t ic)s,
etc.
11. Day Care Centers
Section 4 . 020-n "Heavy Industrial"-
a. Add 110 to Permitted Uses: ".junkyards"
reCt lon 15 . 044 Final P(1n Pl .1t .
..�
a ) ( no change )
b) Within 45 clay, of the suhtnissi.on of -the final PuD
Plat the Planning Board shall conduct a Puhl to
hearing. Notice of the public hearing shall he
advertised at least once in a new!%japer o1: general
circulation in the Town at lcaast t ive days before
it is held. Within 45 clays of till! public hearing
(or within 90 clays of the public Ilo.irilaq if the
1 up is within ox partially within rhti Adirondack
Park ) the Planning Board, giving die considoraticon
to the rev*
Vws by the 'Pawn Board and the County
Planning Bo;1rd, shall approve the final pl.-at i l
it is in r-,wbntanLiral agrooment with tilts approvt�d
preliminary Plat. : or conditionally ;apps-ov,�, will,
ur without modifications;, or iies;tl.,hrtjvc�. '1'tlt• �'
rescummend;ation, of the planl►incl Itcr.►at1 shall he filtrcl
with the Town Clerk and for.wardod to tiler Town ftu;trtl
for its resvtow and action.
C) The 'Town 13oa r l ca .hal act upon t hr P l.t r►n i nil
re-conuttcrnd.,tions within .90 drays c,l rile l a I incl thor,-(J
and, by resolution, shall approver r.hc? finial pl;,t , c,1
condition;ally approve, with or wit.hcjcat- utodefic ;lt ton
or dis:tpPrcave. if ajatirov;el , or c!undi t.intt;tl ;►pprov'l l
with or without modilicatinn:a, i s gt ;tnt.40, t11e rc
lutiun shall specify the drawing!; ,
anc.l other ta;tterial that corlsr.etute tile f in:tl
and may slx.cil'y the form or forw�. of l�csrl c,rm��+tc�c
bonds, to he f i ted with the afjpl tcjL ican for bu i l cli n,l
permits. if the final PUP Plat is cliveat contiLt: ic-111.11
apProvsll by the 'Pawn Board, the appltc:ant iS lint
"Ititli.tl tea file the hl;1t with tilt-' c.'cxuraty clerk , 1,1,t
sihal1 have 1110 days to tlloet t.11e C'ondettons , -lild t:l,t•
'I'owta 11041rd m.ty extoncj thifa t ilttc:r ! ur Ilp tct -11111 add l t_ i Ori�, l
clays. Failure to comply with th('St_> t11110 I Llhi t:, c,I-
t-hc- disapprov;ei of the f inal PUIt N1;1L r;11a11 rt•!;ul t.
in the ijrt.);j of the Pull flat notod c,n tilt!
withdrawn an resolution of tiro 'I't,%4lj lto,t, cl .x1111 t ht f
arcta revert t7.tck to tht-3 Prior zo nin(i dir;tri� t c,r
d) (no change) '
e ) ( no change)
Da t v El : 1Liv 2..lt 1 rl 3
bona ld A. Cla.j{,c•
Town C l rrk
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS . WALTER
NOES NONE
ABSENT : NONE
189
SUPERVISOR WALTER- THE OTHER AREAS THAT WERE TAKEN UP AT THE PUBLIC
HEARING BE TABLED FOR FURTHER ACTION. . .THE TOWN BOARD AGREED. . .
CONFERENCE DISCUSSION- MR. BODENWEISER HAS ASKED TO ATTEND A MEETING AT
MONTOUR FALLS , N.Y. ON .JUNE 4-5. . . SUPERVISOR WALTER- NOTED THAT SHE WOULD
CHECK ON THE NUMBER OF TRIPS THE DEPARTMENT HAS MADE. . . 000NCILMAN OLSON
REQUESTED THAT A POLICY BE ESTABLISHED ON THE USE OF TOWN VEHICLE FOR
SUCH TRIPS. . .
RESOLUTION TO ATTEND SCHOOL
-2ESOLUTION _NO. 1112 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO MR. WILLIAM BODENWEISER
_+- TO ATTEND A COURSE AT MONTOUR FALLS , N. Y. ON JUNE 4 THROUGH THE 5TH 1983
AND BE IT FURTHER
RESOLVED, THAT THE TOWN BOARD AUTHORIZES PAYMENT OF ALL REASONABLE AND
NECESSARY EXPENSES.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
TWON CLERK DONALD CHASE- NOTED HE HAD SPOKEN WITH TOWN COUNSEL AND
WAS TOLD THAT THERE WOULD BE A RESOLUTION TONIGHT TO RESCIND RESOLUTION
N0. 57 OF 1983 REGARDING THE BALTIS PROPERTY-NOTED HE HAD NOT RECEIVED
! RESOLUTION NO. 57 FROM THE TOWN COUNSEL . . .
DISCUSSION WAS HELD- TOWN COUNSEL SPOKE ON A NEW UNSAFE STRUCTURE LOCAL LAW. .
TOWN CLERK READ THE PORTION OF THE MINUTES REGARDING RESOLUTION NO. 57
WHICH WAS TO ALLEVIATE THE HAZARD. . .SUPERVISOR WALTER- I WILL WORK
WITH THE TOWN COUNSEL AND WE WILL FORMULATE THE RESOLUTION FOR YOUR
MINUTES . . . TO BE HONEST WE HAVE SOME SHORTCOMINGS IN OUR PROC=DURAL AND ANY
KIND OF LAW THAT COVERED US AND THEREFORE WF HAVE A PROPOSED LOCAL LAW
CONCERNING UNSAFE BUILDINGS WE HAVE NOT PASSED YET, WHAT HAPPENEW_;I$; 4THAT
WE DID NOT HAVE THE AUTHORITY TO DO WHAT WE WANTED TO DO IN THIS PARTICULAR
CASE. WHAT WE WOULD HAVE TO DO IS TO GO TO THE SUPREME COURT AND IT IS
QUITE AN EXPENSE TO THE TOWN AND THEREFORE WE FELT THAT WE HAD TO APPROACH
IT FROM ANOTHER DIRECTION, AND THEREIN LIES THE PROBLEM. . .
OPEN FORUM 9 :49 P. M.
I
MR. .JOSEPH DAIRE-ASKED WHY THE TOWN COULD NOT PLACE ANOTHER MOBILE HOME
FOR MR. ECKERSON. . . ASKED WHIAT MR. BODENWEISER GETS A YEAR. . .
COUNCILMAN OLSON- ALMOST 11 , 000
-MR. DAIRE- THEY KNV WHAT THE JOB WAS WHEN THEY TOOK THEM WHY CAN ' T THEY
USE THEIR OWN CARS. . . ^
SUPERVISOR WALTER- WE CANNOT EXPECT EMPLOYEES INSPECTI.Nr .; ALL AROUND THE
TOWN AND PUT THAT WEAR AND TEAR ON THEIR OWN CARjTHAT IS PART OF THEIR
JOB AND THE TIDWN PROVIDES A VEHICLE. . .SOME JOBS DO REQUIRE THE USE OF A
VEHICLE . . .
MR. DAIRE- IT WAS VERY NICE TO SEE THE TOWN BOARD ATTEND THE EXPO SUNDAY. . .
COUNCILMAN MONAHAN- ALL OF US ARE VERY PROUD OF THE FIRE COMPANIES. . .
COUNCILMAN EISENHART- AND VERY GREATFUL THEY DO A MARVELLOUS JOB.
SUPERVISOR WALTER- IT WAS AN EXCELLENT SHOW. . .WELL ORGANIZED. . .
MR. MURRAY- REGARD THE ZONING AMENDMENTS YOU TOOK NO ACTION ,OF 7079 AND
10051 . . .
SUPERVISOR WALTER- THAT IS CORRECT. . . IT HAS BEEN TABLED. . .
MR. MURRAY-WILL THERE BE ANOTHER PUBLIC HEARING ON THIS?
SUPERVISOR WALTER-IT WILL BE DONE AT A PUBLIC MEEING BUT I DOUBT THERE
WILL BE ANOTHER PUBLIC HEARING, UNLESS SOME SIGNIFICANT CHANGES ARE MADE. . .
190
I WILL GET THE INFORMATION FROM THE APA TO THE BOARD SO THEY MAY
STUDY IT. . .
MR. ADAMSON-I AM HERE FOR THE NO. QUEENSBURY SEWER-I WOULD LIKE AN UP
DATE ON HOW THINGS STAND AT THIS POINT . . . I WOULD LIKE TO ASK THE SECRETARY
TO PUT THIS ISSUE ON THE AGENDA FOR NEXT TIME FOR A STATUS REPORT. . .
SUPERVISOR WALTER- WE HAVE NEVER DONE THAT BEFOREjYOU MAY BRING UP ANY
ITEM AT OPEN FORUM. . . YOU MAY CALL UP AT ANY TIME AND FIND OUT WHAT IS
HAPPENING. . . O,N THE ADVICE OF COUNSEL I HAVE WRITTEN TWO LETTERS., ONE TO
THE ATTORNEY GENERAL OF NEW YORK TO GET AN OPINION ON THE LAKE GEORGE LAW
{ AND WHAT IT SAYS AND THE OTHER LETTER WAS WRITTEN TO COMMISSIONER WILLAIMS
OF THE DEPT. OF ENVIRONMENTAL CONSERVATION-THEY WERE ASKED TO ADVISE
THIS TOWN BOARD ON TWO ASPECTS . ONE WAS LEGAL OPINION OF THEIR DEPT. �
COUNSEL AS TO THE LAKE GEORGE LAW AND THE OTHER WAS HOW THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION PERCEIVES ASEWER DISTRICT IN THE NORTHERN
PART OF QUEENSBURYj IN AS MUCH AS IT DOES NOT CONCUR WITH WHAT HAS BEEN
PUT OUT ALREADY ON A DRAFT ENVIRONMENTAL STATEMENT . CONSIDERING OF
COURSE THAT WE ARE AWAITING THE FINAL STATEMENT . HOW WOULD IT STAND
AS FAR AS HE IS CONCERNED IN THE DEPARTMENT WHEN WHAT HAS BEEN LISTED
IN THE ENVIRONMENTAL IMPACT STATEMENT. . . .HOW THE DEPARTMENT WOULD VIEW
THE PROJECT] IN AS MUCH AS IT DOES NOT CONCUR WITH WHAT HAS BEEN BROUGHT
OUT, IN THE EIS.
MR. MATHIAS- ONE OF THE CONCERNS THAT HAS BEEN EXPRESSED HAS TO DO WITH
THE EXPENDITURE OF FUNDS UNTIL SUCH TIMERS A BASIC LEGAL IMPEDIMENT TO f
THE SYSTEM IS CLARIFIED. . .
MR. ADAMSON- . . . THERE ARE PEOPLE LIKE SENATOR MO XU'IAN , SOLOMON , OTHER
PEOPLE RECOGNIZE THE EPA PROBABLY WENT ASTRAY , THERE ARE INDICATIONS THAT F
EPA ITSELF REALIZE . . .
SUPERVISOR WALTER- SENATOR MOYNIHAN HAS Nn STATUS AS FAR AS THIS PROJECT
IS CONCERNEDrTHIS IS A DECISION OF THE TOWN BOARD NOT THE SENATE OF THE
UNITED STATES OR REPRESENTATIVE THEREOF. . . . . WE ARE TRYING TO LOOK AHEAD
TO GET SOME CLARIFICATION1TO MAKE A MOVEMENT IN SOME DIRECTION AS COUNSEL
HAS INDICATED_tIT IS HIS OPINION THAT THE TOWN BOARD SHOULD NOT EXPEND
ANY FUNDS UNTIL THEY FIND OUT WHAT DIRECTION THEY ARE GOING IN BECAUSE
IT WOULD BE A WASTE OF THE TAXPAYERS MONEY IF WE STARTED OUT IN A
DIRECTION THAT WAS DIRECTLY OPPOSED TO THE LAWS OF THE STATE OF N.Y.
MR. ADAMSON- IT IS SO OBVIOUS. . . THAT SEWERS ARE NEEDED. . .
COUNCILMAN OLSON- IN A REASONABLE LENGHTH OF TIME WE SHOULD GET AN ANSWER
( THE LETTER SENT OUT TO ATTORNEY GENERAL AND COMMISSIONER WILLIAMS ) SOON
OR WE WILL MAKE A PHONE CALL . . . I HAVE TALKED TO ATTORNEY STEWART AND
TO MR. HILLMAN IN REGARD TO THE LAKE GEORGE LAW . . .
MR. ADAMSON-THERE IS NEED FOR HURRY BECAUSE WE STILL HAVE IN MIND 1 OCTOBER
84 FOR THE 75% FEDERAL FUNDING. . .
SUPERVISOR WALTER- YOU HAVE GOT TO UNDERSTAND MR. ADAMSON THAT YOU ARE NOT
GOING TO GET ANY MONEY AT ALL FROM ANYBODY UNLESS YOUR PLAN IS APPROVED
BY ALL THE AGENCIES THAT ARE GOING TO GIVE THAT 75% FUNDING OUT. . . WHAT
YOU HAVESUGGESTED FOR THE BOARD TO DO IS DIRECTLY OPPOSED TO WHAT EVEN
THE LAW SAYSjSO THERE IS NO CHANCE IN THE WORLD TO EVER GET ANY FUNDING
AS OF THIS DATE TO DO WHAT YOURANTICIPATING DOING AND THERE IS VERY LITTLE
AT THIS POINT IN THE GAME OF GETTING ANY FUNDING AT ALL.
WE HAVE BEEN TALKING TO ENGINEERS ON ANOTHER PROJECT WHO DEAL WITH THIS
EVERYDAY AND THEIR STORY TO US IS VERY BLEAK ABOUT GETTING ANY FUNDING •_/ j
AT ALL.
MR. TURNBULL- NOTED THAT HE ENJOYED THE EXPO WORKED wr -iD"R .EISENHART , i
AND MR. BODENWEISER ON JUDGING ART WORK OF CHILDREN ON FIRE SAFETY. . .
QSBY. SENIOR CITIZENS SOLD BAKE GOODS AT THE EXPO. . THE SENIORS WILL
PARTICIPATE IN THE MEMg3AL DAY PARADE SUNDAY MAY 29TH AT 1 :P. M.
RE-6 PROPERTY ON LAFAYETTE RD. HAS THE MONEY THAT HAS BEEN SET ASIDE
FOR THE PROJECT BEEN ENCUMBERED FOR FUTURE USE OR HAS IT GONE BACK
TO THE GENERAL FUND.
SUPERVISOR WALTER- THE MONEY IS IN A REVENUE SHARING ACCOUNT
MR. TURNBULL- THERE IS SOME POSSIBILITY THAT THIS MONEY COULD GO FOR SOME-
THING IN THE FUTURE FOR SOME OTHER STRUCTURE IS THAT CORRECT?
SUPERVISOR WALTER- YES
191
MR. TURNBULL- WAHT DOES THE BEAUTIFICATION COMMITTEE DO?
COUNCILMAN MONAHAN- THEIR PRIMARY JOB IS TO WORK WITH THE PLANNING BOARD AND
ZONING BOARD , I
COUNCILMAN MORRELL- THEY ARE AN ADVISORY BOARD. . .
MR. TURNBULL- WONDERED IF THE BEAUTIFICATION COULD APPROACH SOME AREAS
IVN THE TOWN THAT NEED CLEANING UPS WE HAVE THE TRAILER ON BAY ROAD AND
THE PLACE ACROSS FROM MRS. MONAHAN THAT IS NOT ONLY A HEALTH HAZARD BUT
ANY KIND OF HAZARD THAT YOU CAN THINK OF. . . WE HAVE ANOTHER PLACE ON
SUNNYSIDE THAT HAS A COUPLE OF LOADS OF BUILDING CUT IN HALF SITTING ON j
THE PROPERTY
SUPERVISOR WALTER- THERE IS A VERY FINE LINE HEREjTHERE IS RESISTANCE FOR
GOVERNMENT TO TELL ANYBODY THAT THEY CANNOT LIVE. . . IF A PLACE IS MESSY
THERE IS NO AUTHORITY FOR LOCAL GOVERNMENT TO GO IN AND TELL THEM TO CLEAN
UP. . . IF IT IS A HEALTH HAZARD OR UNSAFE STRUCTURE WE HAVE SOME AUTHORITY. . .
MRS. TURNBULL- WHAT ABOUT THE TRAILER ON BAY ROAD. . .
SUPERVISOR WALTER- THERE IS CURRENTLY ACTION BEING TAKEN IN REGARD TO THAT
PROPERTY. . .
MR. LYNN- WE HAVE HAD A HARD TIME LOCATING THE PROPERTY OWNERJWE HAVE BEEN
WORKING ON IT FOR SEVERAL MONTHS. .
SUPERVISOR WALTER- WE DO TAKE PEOPLE TO COURT , WE HAVE TWO CASES IN COURT
RIGHT NOW. . . RELATIVE TO THE ZONING ORDINANCE. . .-
COUNCILMAN OLSON- PRESENTED THE TOWN BOARD WITH A COPY OF THE ROAD MILEAGE
PUT TOGETHER 'BY MR. NAYLOR AND HIS STAFF, FOR PAVING PROGRAM IN THE TOWN
OF QUEENSBURY. . .
RESOLUTION APPROVING SPECIAL AUDIT OF BILLS
RESOLUTION NO . 113 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
RESOLVED, THAT AUD3 T OF BILLS AS APPEARS ON ABSTRACT NO. 83-5D AND
NUMBERED 832-833 AND TOTALING $23 , 820 . 00 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 ADJOURNED.
RESPECTFULLY SUBMITTED,
DONALD A. CHASE , TOWN CLERK
f
i