1982-04-13 87
TOWN BOARD MEETING
APRIL 13, 1982
TOWN BOARD MEMBERS
Mrs. Frances Walter-Supervisor
i Mr. Daniel OZson-CounciZman
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! Dr. Clues Eisenhart-Councilman
Mr. Daniel_Morre Z Z-Councilman
Mrs. Betty Monahan-Councilman
Mr. Joseph Brennan-Town Counsel
Pledge of Allegiance led by Councilman Morrell
t Press: G.F. Post Star, WWSC, WBZA
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TOWN OFFICIALS: Mr. Richard Roberts, Mrs. Hilda Mann, Mr. Ronald Montesi,
Mr. Mack Dean, Mr. Stephen Lynn
Guests Leagw of Women Voters, Lillian Adamson, Dr. Blake, Bob Stewart, Mr. West,
Mr. Cranne Z Z, Mr. 0'Connor, Mr. Turnbu Z Z, Mr. Mi Z Zs, Mr. Nason
Meeting Opened 7:38P.M.
PUBLIC HEARING-
MOBILE HOME APPLICATION-Ronald Robinson of Minnesota Ave. to locate a mobile home
j on Minnesota Avenue. . .approved by Building Inspector. . .Notice Shown. . .Mrs. Robinson
I present. ..
Councilman Morrell-
questioned the placement of the septic system,front or back?
Mrs. Robinson- it will be placed in the front. . .
OmmevZ "'MorreZZ-wiZZ the hill be removed to place the mobile home?
Mrs. Robinson- no
Councilman Olson- Mr. Dean. is there enough':room to place the mobile home on the lot
- with the set backs without moving the hill?
Mr. Dean- I believe so. . .yes
Councilman Olson- do you have the mobile home now?
Mrs. Robinson, - we are in the process of buying the mobile home if thie is approved.
Supervisor Walter- asked for further comments, hearing none the public hearing was closed. ..
PUBLIC HEARING-PROPOSED SANITARY SEWER ORDINANCE-NOTICE SHOWN-7:43 P.M.
Supervisor Walter-We have been dealing with the problem with zoning and sewers for quite
some time�we have had our planning board and, a comprehensive planning group work for the
last five years on how to improve the system for the Town of Queensbury. We have had
the expertise of the fellows from the Building Dept. This was presented to.! the piibZie
last year, some changes have been made and they have been published and available in the
Town Clerk's Office.
;
Lillian B. Adamson- Assembly Point Association Oo, President with husband Charles F. Adamson
_fcomplete context on file) Summary-The term Natural Soil needs a precise definition-
we question the use of Dept. of Health and DEC handbooks into the ordinance-
we see confUcts between Section 3030B and 3030C .�j we suggest further evaluation of these
sections-further study and evaluation of the increased percolation rate requirements and
defindtion of major and m,6ner repa-bs- we also request a'gariance procedure in the ordinance.
1 "We are compelled to raise the question whether the Town of Queensbury authorities
have calculated what percentage of Zakeshore property owners could comply with repair
standards under the proposed ordinance, when repairs become necessary. This calculation
would seem to require a detailed survey of bedrock, groundwater, and percolation
conditions, as well as lot size and lot usage (houses, garages, driveways, outbuildings,
etc). We believe the Town Board should be aware of the serious repercussions for the Town
of Queensbury, its citizens, its property values, and its tax base, if compliance with
repair standards is not possible for the majority of property owners. In_conclusion,
we_%urge the Queensbury Town Board to postpone any final action on the Sanitary Sewage
Disposal Ordinance untiZ .the EnvironmentaZ Impact Statement for the Warren County Sewer
District is completed.' The information and conclusions in that couch haver��z direct
bearing on the solution to the sewage disposal problem in the-Queensbury area of the lake.
The Toren Board should also delay any decision until such time as the majority of the
Zakeshore property owners, the summer, residents, (tax payers), have returned and have had
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an opportunity to study and react to the Zatest version of the ordinance. "
Betty Dc.dd-- President of the League of Women Voters-The Glens Falls area League
of Women Voters commends the dedicated volunteers for their efforts in creating
these ordinances, and for the many hours spent Listening to the public and reviewing
written suggestions from interested groups and individuals. The review, modifications
and editing of these documents require countless meetings, discussions research and
workshop sessions. The ordinances will be subject to .constant review and evaluation C
as to their effectiveness and impact on the development of the Town. We believe that
subjects that have not get been provided for will be considered in the near future,
namely provisions for alternative types of housing and the updating of the sign ordinance.
We urge early passage of these ordinances as the first step in establishing a master plan
for the Town of Queensbury. f
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Dr. Jim BZake-PZum Point-Chairman of the Sanitation Committee of the Lake George !
Association-This will be presented -b the Lake George Assoc. on Saturday to give
their official position—we have encouragedolt development of the sanitary code. . .
Questioned if additions to an existing sys ems e under the inspection and supervision
of a new system. . .definition of usable soil clarification needed. . .clarification
on page 14 in regard to enforcement officer and Board of HeaZth. . .asked for the
incZusion of voluntary inspection of septic systems. . .
Bob Stewart-AssembZy Point-questioned if there was a mistake '',in Language on Section 3030B
. .questioned the use of the Health Dept. Handbook and the ENCON handbook, hhese are
broad manuals that describe sewer systems in general but they are not hard and fast
rules. . .questizndd the set back requirements 200' from the take and 100' from any stream
noted'two circumstances where this would be impossible. . .noted nedd for a variance
provision. . .
Councilman Eisenhart- there should be a valiance procedure
Richard Roberts- I agree. .
Mr. Ronald Montesi-agree with variance procedure. . .
Councilman Morrell- in regard to the property that cannot mat the requirements as proposed
the owner could do nothing with the property?
Mr. Roberts-he could use holding tanks. . .
Mr. Stewart- spoke on the expense of the use of holding tanks. . .
not a viable alternative. . .
Dr. BZake-no. objection to the variance procedure as long as there is a provision
that the system will not pollute the Zake. . .
Supervisor Walter—asked for further comments on the Sanitary Sewer Ordinance. . .
hearing none the public hearing was aZosed, . .8:15 P.M.
Supervisor Walter intro&iced the Planning Board Members, Mr. Roberts, Mrs. Mann, and
Mr. Montesi. . .introduced Dorothy Burnham- League of Women Voters served as,a scribe
for the various meetings in the formulation of the ordinances. . ..
PUBLIC HEARING-PROPOSED ZONING ORDINANCE-NOTICE SHOWN
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8:17 P.M.
Mr. Ken Mahoski-36 Bonner Dr. and Mr. Charles Baker--West Mt. Rd.-Question regarding
area 3 West Mt. Road proposed 3 acre�lot size—we feel that this is unfair we
request a compromise instead of a 750' set back, use a 600' elevation line, noted
that with the change,some of the property will still fall into'.the three acre
parcels. . .we have talked with Mr. Flaherty add he. came up with a 5501 elevation
Line, that is tentative and will have to be discussed. . .noted a developer
could put booster pumps in to receive the Town Water. . .
Mr. Roberts- we have discussed this and came up with the compromise, will Zook at
Tame 3FZaherty's request of 5501 . . . (map used for discussion)
Mr. Thomas West-Represent the Lake George Association-Ltr. on file-recommend a change
to the contractual access section of the ordinance-recommend ''ithat the section be
revised to exclude the Language pertaining to non-contiguous 'shoreline access and
to change the density requirements to require 100 linear feet of shoreline for
2 to 4 Lots parcels or sites and 25 additional feet of shoreline for each Lot,
parcel or site thereafter. . . .RE: Marina "The revised ordinance also defines "
marina" for the first time to mean !'a water front facility offering two or more
berths or moorings for rent, Lease or sale. . . " That definition is at variance with
the definition of marina contained in 6 NYCRR Part 646, which specifically pert&ins
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to the Lake George recreation zone and defines marina as any sale, lease, rental of
wharf space or moorings for vessels. The definition contained in the draft ordinance
is also inconsistent with the residential nature of the Zakeshore area to the extent
that it permits a commercial use in an otherwise residential area. 6 NYCRR Section.646.1
I' Cal defines as a "commerciaZ use or purpose " the "leasing, renting or making a wharf
or mooring available to any person for a fee or any form of compensation. " Thus
I pursuant to 6 NYCRR, Part 646 the leasing or renting of a single mooring or wharf
space is a commerciaZ use while the reviled ordinance will allow this type of commercial
use at every lot" the inconsistency is obvious. " We request that the definition of
marina be amended to define marina as the offering of one or more berths or moorings
�I for rent, lease or sale. Such a change will serve to maintain the status quo until the
1 issue can be more fulZy explored. . .Requested also_thdt:the Board explore the issue
! if it is permissible for a property owner on Lake George to lease space under the present
1 ordinance. . .
I� Mr. Terry CranndIZ-Resident and landowner Luzerne Road-presented the Board with the
petition stating the following We the undersigned being landowners and or residents
of the Cormus Road-Luzerne Road-TuthiZZ road area of Queensbury are opposed to the
proposed zoning changes which would lower the minimum lot size from 8.5 to 3.0 acres
in our area. This area has severe devloptgnt constraints and a greater density
of development should not be encouraged here. Furthermore, the proposed zoning change
would have a severe negative impact on the ruraZ character of our area. . . (signed by
26) on file. . .using APA guidelines spoke to the Board on NaturaZ resources of the area,
existing Land use patterns-and public consideration .Cmaps usedl requestdd that the
zoning ordinance in this area be changed to 10 acre�parceZs. . .
Mrs. Mann- just because the property is zoned 3 areo does net mean they have to be
sold in three acre areas. . .
Mr. Montesi- spoke to the Board about the regulations involved in starting a subdivision. . .
Mr. Mike O'Connor-concerned over the treatment of non-conforming uses. . .the present
ordinance allows a one time life time expansion of 50%, as I understand the present
proposal there is no expansion of non conforming uses. . .you are saying do not expand
any further, relocate this will prohibit the expansion of business and it will be
bad for the tax base. . .
Mr. Richard Roberts- It is not our intention to shut down everything I still assume
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that if the expansion is justified a variance could be granted . . .
Mr. Willi=am Cook- Resident of Luzerme Mt. Road-concerned about the lot size in this
area. . .it is unfair to the environment to establish home sites on land which is
solid rock with 6vmV little soil and land with a 30% gradd- and it is also unfair
to the current residents who have purchased homes under the existing. Zaws which
assured L 0ma type of privacy and now to have that regulation changed for no soiid
reason. . the people do not want the change. . ..
Mr. Nason-Finch Pruyn-re excavation of slopes, states that during excavation
slopes will remain at 30% I would-?like to see this rewritten to state th&t at
the conclusion of excavation the slopes would be at 30% or concurrent with N.Y.
State mining law. . . RE: Big Borne Sadd part of the property is zoned SR30 the
rest is R3A I would like to see the whole arexzoned the same at 301000 sq. feet
. ..in areas designated LC42A and LC10A under uses requiring a permit you have
forestry uses requiring a permit—noted that there are numerous regulations in
regard to forestry in the State. . .request that,that be dropped from the ordinance.. .
Mr. Roberts - questioned who would administer this program. . .
Mr. Nason- why should the Town get involved tbhen DEC already is?
Councilman Olson- You are saying that any work, forestry, that you do in the Town
of Queensbury is already covered under State regulations—
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Mr. Nason- yes. ..
Mr. James M-iUs-Chairman of the Warren Country Planning Board-on March 10th we
approved the Zoning ordinance. . .we did asked that the PZanning Board reconsider
the zoning on Big Boom road do away with SRR3A and continue LI1A through the
end of the peninsula. . .
Mr. Montesi- We wanted to be careful not to allow that peninsula to become a mini
industrial park, it wouZ'd not be a good entranne<, to the Glens Falls, Queensbury area. . .
Supervisor WaZter- in my conversations I it was pointed out that if there was .some kind
of planned industrial area that it would be allowable. . .
Mr. Charles Adamson-AssembZy Point-voiced his con8rn over allowing rental of dock
space, could double boats on take. . ,
Ms. Carol Collins-I have been involved in studin the Zake r a number o ears °
9 for f y ,
as well as Zakes around the countrzy. . .I would Zike to support what has been said c
by Mr. West and Mr. Adamson, the influx of boats resulting from this change in the
ordinance is mind boggling to me. We have been concerned with the sanitation Zaws
to protect Lake George, requested that the Board comply with, the Zake George Park
Commission rulings in regard to rental of docks. . .
Mr. Stewart-I would suggest that you use the Lake George Park Commissions Zanguage
in regard to marina's. . .If you pass the new ordinance and you say no boat rentals � r
or one boat rental,)what is the position of person who Zast steer rented four spaces,
is he or she a preexisting nonccfdrming use and can he or she go on renting?
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Mrs. Mann- That is what Joe Brennan is going to Zook at, in my opinion it does
not become a preexisting nonconforming use because it was illegal to begin with g
because it is-in a residential zone, we have never had a defin#tion of whether
or not that could be called commerciaL use. . .
Mr. West-The questionee'that have been brought up tonight confirm my position that
the Board should evaZute what is meant under existing Zaw before a definirtion
-is adopted which could makgo at change. . .regarding Non-Conforming use the
George Park Commissionniose non cofnrming uses aZready had an extended
opportunity (20years) to expand under the existing ordinance,and take into
account the 50% expansion that is why we supported Zast summer the change that
would do away with the non coihforming use except for the variance procedure
which would allow for a hai4hip situation. . .it is our opinion that%Tit is time to
say that is enough and recognize that they are non conforming and Zet them stand
as is but do not Zet them go any further. . .
Discussion held between Mr. Brennan and Mr. West on the best!,way to define Marina
in the ordinance or through e�judieation. . . Mr. 'Brennan spokejof his conedrn over
the enforcement of the ordinance regarding marina's. . .Mr. West commented that through
a complaint process he believes that the ordinance can be enforced. . .
Mrs. Mann-Is there any possibility that the Town could work With ENCON,
saying in this area� it is zoned residential and we deem the rental of X number
of slips as a commercial operation-;and request that ENCON refrain from giving
out that type of permit in this residential area?
Mr. Brennan- I do not think that ENCON is going to issue a permit to anyone to
perform an activity that they know is violating another Zaw. , .
Mr. Turnbull- Mr. Brennan, what is considered a private dock?
Mr. Brennan- A Dock that is privately owned. . .paying taxes has nothing do to with
whether it is privately owned. . .
Superz;is.or WaZter-asked for fu2*er comments, hearing none the public hearing was closed. . .
9:55 P.M.
Councilman Olson- thanked-W those who commented at tonights meeting. . .
Supervisor Walter- Thanked aZZ those who helped form these proposed ordinances. . .
RESOLUTION TO APPROVE MINUTES
RFROTTITTON Nn 0.9 Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mr. Daniel Morrell:
RESOLVED, that the Town Board Minutes of March 18th,23rd. and 29th of 1982 be and
hereby are approved.
DuZy adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan; Mrs. Walter
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Noes: None
Absent: None
RESOLUTION TO SET SALARY
S 3 Introduced by Mr. Daniel OZson who moved for its adoption, seconded
by Dr. Charles Eisenhart:
WHEREAS, the Cemetery Commission, by itsauthority, has appointed Rodney Mosher
as provisional Cemetery Superintendent effective April 12, for a six month period and
WHEREAS, the Town Board approves of this appointment, NOW, THEREFORE BE IT
RESOLVED, that the Queensbwry Town Board sets the salary for Mr. Rodney Mosher,
91
Cemetery Superintendent at $11,400.00 for the year 1982.
I Duty adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Monahan, Mrs. Walter
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Noes: None
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Absent: None
RESOLUTION TO SET PUBLIC HEARING REGARDING COLONIAL CABLEVISION, INC. RATES
LW "mN Nn 94- Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Dr. Charles Eisenhart:
WHEREAS, Colonial Cablevision, Inc. has been franchised by the Twwn of Queensbury
to install and operate a community television antenna system in the Town of Queensbury
which said franchise provided for a guarantee of installation charges and rates to
customers, and
WHEREAS, the franchise has notified said Town that prevailing economic conditions
a impair the continuance of such service at the guaranteed charges and rates prescribed
and have requested an opportunity to be heard in respect thereof, and
WHEREAS,. Town Laws• Section 100 requires a public hearing on amen&nents of ordinances,
rules and regulations, NOW, THEREFORE BE IT
RESOLVED, that a public hearing on the proposed change of guaranteed rates and
charges of COLONIAL CABLEVISION, INC, be held May 11, 1982 at 7:30 P.M. and that the
Town Clerk will give notice of such hearing by publication thereof in the officiaZ
town newspaper once at least 10 days prior to the date specified for such hearing,
specifying the time when and place where such hearing will be held and in general
terms describing the proposed change.
Public hearing to consider the amendment
of the contract between COLONIAL CABLEVISION,
INC. and the Town of Queensbury in respect
to increased monthly rates to eustomers'in
the Town of Queensbury.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morre Z 1, Mrs. Monahan, Mrs. Walter
Noes: None
Absent None
RESOLUTION TO TRANSFER FUNDS
17F..4nrJ1rPToN Nn..ArA. Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mrs. Frances Walter:
RESOLVED, to transfer $1,309.30 from A1990.440 Contingent Account to A1420.441
Attorney Contractual.
Duty adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Rtes: None
Absent: None
RESOLUTION TO TRANSFER FUNDS
RE OLUTION Nn_ 96. Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, to transfer $2,092.50 from A1990.440 Contingent Account, _to A1440.440
Engineering, Contractual account for services of Charles H. Scudder, Consulting
Engineer to proposed Broadacres Water District.
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Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
92 T
Noes: None
Absent] , None
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RESOLUTION REQUESTING NO-PARKING ZONE }
&"UTIGN NO. 97. Introduced by Mr. Daniel OZson who moved for its adoption, seconded
by Mr. ` Daniel MorreZZ:
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WHEREAS, Herbert D. Brock, Dean of Administration for Adirondack Community College
requested that the Town Board of the Town of Queensbury Zook into the traffic safety
problem on Bay Road in front of the College, and
4;
WHEREAS, his request was turned over to the Chief of Police ;fi6r the Town of
Queensbury, for his recommendation, and
WHEREAS., Mr. Charles Judkins, Chief of Police has recommended that a "No-Parking
Zone " be established in front of the Adirondack Community College, NOW, THEREFORE
BE IT
RESOLVED, that the Town Board of the Town,-)of Queensbury hereby requests that the
Warren County Department of Public Works establish a "No-Parking Zone" from the
Adirondack Community College northern exit to the southern exit on both sides of the
roadway, and that signs be posted, and be it further
RESOLVED, that copies of this resolution be sent to Mr. Fred &&tin, Supt. of Public
Works, Warren County and Mr. Sterling Goodspeed, Chairman of the Warren County Board
of Supervisors.
DuZy adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME -
RESOLUTION NO. 98 Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Dr. Charles Eisenhart:
WHEREAS, Ronald Robinson has made application in accordance with paragraph 2 (c)
Section 4, of an ordinance of the Tmon 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 at Minnesota Avenue, and
WHEREAS, this town board has conducted a public hearing in connection with said
application and has heard aZZ persons desiring to be heard in favor of or against said
application, and
WHEREAS, it is herebp., 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 Ronald Robinson to Zocate a mobile home at property situated at
Minnesota Avenue and that the BuiZd%ng 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. OZson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter r
Noes: None
Absent: None
PROCLAMATION-"Grange Week" on file
REPORTS
Town Clerk-monthly report March 1982
Building & Zoning-montZy report March 1982
OPEN FORUM
93
Mr. Bob Anderson- Big Bay Road asked when Town Water would be made available to
his area. . .
Supervisor Walter- Our engineer is working on the plans for that at present, within
the next few months we will come to the pub4ic with some figures regarding the cost
of the project. . .
RESOLUTION TO APPROVE AUDIT OF BILLS
RFSQUITTON Nn 99 Introduced by Dr. Charles Eisenhart who moved for its adoptions
t° seconded by Mr. Daniel Olson:
RESOLVED, that Audit of Bills as listed on Abstract No. 82-4B and numbered 517 through
715 and totaling $99,207.91 be uand hereby is approved, and be it farther
RESOLVEED, that Boucher number 627 was pulled from the Audit.
Duty adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Sorrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Nolte
On motion the meeting was adjourned.
Respectfully submitted,
Donald A. Chase
Town Clerk
Town of Queensbury
TOWN BOARD MEETING APRIL 27, 1982
TOWN BOARD MEMBERS
Mr. Daniel Olson-Deputy Supervisor
Dr. Charles Eisenhart-Councilman
Mr. Daniel MorreZZ-CounciZman
,11rs. Betty Monahan, Councilman
ABSENT; Mrs. Frances Walter, Supervisor
Mr. Joseph Brennan, Town Counsel
Pledge of Allegiance Zed by Councilman Monahan
PRESS: G.F. Post Star, WBZA
GUESTS: Mr. Batchelder, Mr. and Mrs. Elmore, Mr. H. Russell Harris, Mr. Turnbull
TOWN OFFICIALS: Mr. Naylor
Meeting Opened 7:38 P.M.
Deputy Supervisor Daniel Olson- opened the meeting announcing that Mrs. Walter will
not be at the meeting tonight she is on vacation. . .
RESOLUTIONS
r s RESOLUTION TO-APPROVE MINUTES
F"rnT mN Nn anno Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board Minutes of April 13, 1982 be and hereby are approved.
Duly adopted by the following vote:
Ayes: Lr. Eisenhart, W. HbrreZZ,_-•Mrs. Monahan, Mr. Olson
Noes: None
Absent: Ai� Walter