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1982-08-24 404 - I Town Board Meeting August 24, 1982 Town Board Members Mrs. Frances Walter-Supervisor Dr. Charles Eisenhart-Councilman Mr. Daniel MorreZZ-Councilman Mrs. Betty Monahan-Councilman i d Mr. Joseph Brennan-Town Counsel Absent: Mr. Daniel OU on-CouneiZman Pledge of Allegiance Zed by Councilman Eisenhart PRESS: G.F. Post Star Guests.: Residents of JenkinsviZZe, Mr. Wins Low,Mr. South and representatives ` of the local Fire Departments, Mr. Joseph Daire i Town Officials: Mr. Ralph vanDusen Mr. Thomas� ff� p Mr.Paul Naylor, Mr. Rick Missita k Meeting Opened 7:37 P.M. Public Hearing-MobiZe Home Application of John A. Winslow and Linda E. Winslow of Luzern Road to Locate a mobile home on the corner of Corinth Road and Indiana Avenue owner of Land Judith Barrett, in process of buying property. . . approved by Building and Zoning Dept. —Mr. and Mrs. Winslow were present Hearing 7:38 P.M. Notice Shown Councilman Eisenhart- noted that he had inspected the site, it has had a mobile home on it. . .questioned two neighbors, they have no objections to the placement of a mobile home. . . E Supervisor Walter- asked anyone that was interested for or aginst to now speak. . . ! no one spoke Hearing Closed 7:40 P.M. Public Hearing-MobiZe Home Application of Rod Warrington (Faith Bible Church) P.O. box 955 Glens Falls, N.Y. location to place mobile home End of Ogden Street owner of property Faith Bible Church. . . Hearing Opened 7:41 P.M. Notice shown Councilman Eisenhart- noted that this was being requested due to va-9daZism of tleir ` property, wanted someone to watch over the property. . . f Councilman Morrell- Is this for a permanent application? i Supervisor Walter- yes. . .asked anyone that was interested for or against to now speak. . . Mack Dean- at the time I made no recommendation because the information was incomplete, I felt with one hundred acree there could be other solutions, but probably this would be the best solution. . .I believe I would approve the application nwww. . . Supervisor Walter- asked for fu2*er comments, hearingrone the public hearing was closed. 7:42 P.M. Public Hearing-LocaZ Law-Administration and enforcement of the State Fire Prevention Code 7:43 P.M. Notice Shown Supervisor Walter- The Fire companies of the Town of Queensbury have been most i interested in having a new fire prevention code adopted in the form of the State Fire Prevention Code- The public hearing will deal with the ZocaZ Law that the , Town Board has. put forth relative to the administration and enforcement of the State Fire Prevention Code. Councilman Eisenhart- The major point, this is very simple, brief, no laws are p&rfect . . this seems to us to be a simple statement of putting this in and the way it is to be enforced. C. Powell South-Representative o the Five Fire Co, anies in the Town - p f Companies o f ti?ueensbury who serve on the fire study committee-requested the following changes to the Local Zaw- Section 32 we disagree with this section,weibelietd-,>thgt the Town Board does not have the proper fire orientation or knowledge to set the qualifications for a fire prevention officer—we believe that the job description should be drawn up between 185 present fire study committee and the Town Board—the appointment of a fire prevention officer should be made from the recommendations of the Fire Study Committee by the Town Board of the Town of Queensbury j Section 51 the words should be added to read as follows: The Town Board of the f Town of Queensbury in cooperation with the Fire Study committee. . . Section 62 wording change. . .if authorized by the Town Board. . .delete this I we feel that this article deswritten could become time consuming could cause the death of one of Queensbury's fine volunteers or one of your own Loved ones. . . We feel that a new section 6.3 be added this section would cover the issuing of permits, we would urge. that the Town Board would use the model text Section r 61,62,63,64,65,66 and 67 of the Fire Prevention Code. . .the reasons we want the i permits are important, once a permit is issued by the Fire Prevention Officer the j Fire Company realizes any problems or hazards that are contained within the dwelling, it is used by the Fire Company for pre-planning of fires—this would save firemen's j lives and lower insurance costs. . . Section 7.5 delete "to the Town Board of the Town of Queensbury" the paragraph should end "shall be taken" ,. We agree with sections 8. 1 and 8.2 we would Like to note that no fines have been coZlected as of this date in enforcing our present fire code. .. Section 10.2 insert "Whenever the Fire code Enforcement Officer and or the Fire Chief of the said district. . . also insert The Town Board may cause it to be demolished and - remove " because of the fact that you have to get this back on the tax reZZs to collect yoz�money for having this order enforced. Section 10.3 add "The Fire code Enforcement Officer and the fire chief of the said district. shall be forwarded a copy. . . Section 11.1 add words add the Fire Prevention Officer and Fire Chief of said district. . . Section 11.3 add words the fire chief of the said district -sliaZZ be sent a copy of the decision. . . we would urge that the Town Board of the Town of Queensbury and the Fire Study Committee meet and review what has been presented tonight and hold another public hearing on the revisions. . . Mr. Bodenweiser-Fire Marshal ,Town of Queensbury'I just want you to know as the person who adminsters the law I object to the following: 1. Section 3.2 The Fire Code Officer shall serve at the leave and will of the Town Board -- this surely puts the position of the Code Enforcement Officer right back in the political spectrum 2. Section 7.5 object to this one—Section 6.2 and 10.3 my comment to these-the Town Board removing proper jurisdiction of the `eode enforcement officer, you will destroy the integrity of the office and convey to the public that you have hired someone to do a job but have no real faith in the persons ability. . . You have removed the permit process which is the only real power of the Fire Marshal under the existing code to regulate Life threatening processes throughout the Town on a daily basis. Without the present process now in force as recommended by the Division of Fire Prevention and Control, your entire Fire Prevention process is niZl and you have no._ to keep these pr-:messes from occuring all over the town and endangering the Lives of our residents and fire personnel who are cdZZed upon to fi#ht the fire which might occur. (read from Managing Fire Services-MunieipaZ Management;Series--on file)reviewing permits, name of Fire Marshal Councilman Morrell- I think that a counZe of good points were brought out by Mr. Bodenweiser and Mr. South especially Section 6. 2-it`, looks like you have to have a two step operation in order to get a warrmt, that means the Town Board knows more than a judge does and if the Fire Code Z`nforeement Officeriis not in Town we have made no provisions for anyone to take his place 0 a crisis should oc''cur. . .Re: Permits, the consensus of this Board is that we are permitted to death in this Town, the door is open to put that in if necessary, do you not submit,:= reports of inspections to the fire safety committee so that they have arc idea of what is going on at a particular establishment? Mr. Bodenweiser- reviewed his permit issuance. . . Councilman Morrell- Itcseems to me that your reports of your inspections suffice as a permit. . . I I I � Mr. Bodenweiser- but the inspection has no power I Councilman Eisenhart- I do not see any reason for a permit. Mr. Bodenweiser- if you do not issue a permit you have no control over what they are going to do, when you are running under a permit you are running under,'the basis of how it was issued orginaZly, you know the permit can be pulled, the permit can shut down the operation. . . j Councilman Eisenhart- but the code shuts it down. . W. Bodenweiser- but with the permit process, everyday he has the permit hanging on his wall. . . 1186 Councilman Monahan- Mr. Bodenweiser- Are you trying to say that with a permit you can shut them doze iwediatety, w6thout a permit you would have to take them to court and go through the legal processes which might take you a month or so to shut them down? i '! Mr. Bodenweiser- yes ;j Supervisor WaZter-. . .we will take a Zook at the pannit:eystem. . .this Town Board is not interested in a Lot of red tape Mr. Bodenweiser- Red tape in this matter, ' actually helps to convey to the public !, and to the people that they have a problem processes that ie life threatening. . . '. (Reviewed the Lake George Opera permits) 'j Councilman Eisenhart- If there is not a permit and you discover a violationj cannot I YO u7request that he remedy this within a certditn time frame or stop. . . Mr. Bodenweiser- but the permit hangs on his wall, I cannot visit all these places day after day, they change, no one tells me when they sell their businesses. . .if a business changes hands you revke the permit investigate the business and reissue the permit under the proper name. . . Supervisor WaZter- One of the problems that the Town Board had with the new code was how many permits could be issued for things that we feel that we would never even see Mr. Bodenweiser- I agree that this code is not the best in the world, there dv, things in there, we are never going to have a grain mill here but you Leave those things in 1 and just skip over them, there are many other things that we do have. . .noted with Large businesses like Ceba Geigy we visit the plant two or three times a year. . . W. Lemery-Chief of Queensbury Central-in response to Mr. Morrell Question, I have volumns of inspection reports from Mr. Bodenweiser regarding businesses in our district, I think that the permit process with the threat of revocation would induce someone to correct the problems much sooner that-they are right now. . . a fifteen to twenty day waiting period for a violation notice to come before the Town Board,someone could lose their life. I feel very strongly that a permit process should be considered. . . Councilman Morrell- what protection does the business owner have if a permit system was in and his permit was revoked? .rr Town Counsel- reviewed the options that the owner would have. . .a proceeding to review the determination. . . .temporary restraining orders from the Supreme court. . . W. Bodenweiser- In investigating through the department of Fire Prevention of aZZ the Towns including those who now accepted the mandate that will come down in 1984 not one has not taken a permit process. . . C. PoweZZ South- We Zook at the permit process as a Legal action document. . . it is an enforcement article. . . Mr. Steve Zemaneek- as a builder in the Town of Queensbury . . .with the maze of Laws we are stiffZing the progress of the Town of Queensbury. . . Supervisor Walter- requested further comments. . . Councilman Monahan- noted that some valid pointghave been nude and should be considered supervisom%WaZter- asked for further comments, hearing none the public hearing was closed. 8:34 P.M. Public Hearing-Amendments to various ordinances, establishing new fees and increasaing existing fees 4 Ordinances to be amended Ordinance No. 30-(5) (a) Building permit for sw&coming pools $15.00 Ordinance No. 30-(5) (a) Building permit for dock $15.00 Ordinance No. 3045) (a) Demolition permit $10.00 Ordinance No. 1244)(2) (a) Temporary Mobile Home Permit(up to three months outside of mmbiZe home court) $10.00 Ordinance No. 1244)(2) (b) Mobile Home Permit (Up to one year outside of mobile home court) $25.00 Ordinance No. 1244) (2)(c) Revocable Mobile Home Permit (outside Mobile Home Court) $25.00 Ordinance No. 46,8$t 8.101(2) Building Permit for "All Other"Signs $15.00 Notice Shown-Hearing Opened 8:29 P.M. Supervisor Walter- we need a public hearing on this due to the fact that the fees — T - - - 187 are included in various ordinances. The Planning and Zoning Dept.��hggs indicated that because of increased aetivity�in order to derive some revenues andVnderwrii heir timel these fees are necessary. l Councilman MorreZZ-the reason for this was the increased cost of processing the various 1 permits. C. Powell South-20 Parkview Avenue-It amuses me to attend one public hearing and hear C our Councilman Mr. Morrell consider why we need free permits for the fire service and all of a sudden hear some of these fbea..v.-v Supervisor WaZter-I object to your comments Mr. South and I will tell you that nothing I is free, any adoption of permits under the fire codes you will be sur 't may not be k the time of adoption, but we will find that there is an expense to, the permit fee which i w t we have found out in building and zoning, in order to have those people '-- the user n v Re costs. . .rat r then to have the cost of the fire marshal or the f _building dept. of what ever be A ,qy all of the taxpayers in the town. C. Powell South- I think you will find that the fire prevention officer salary and expenses are generated from the fire protection tax. 4 k Supervisor Walter- that is not true, it is part of the general A code of the Town of Queensbury and it is a direct tax to the taxpayers,.it is not under the fire district. Asked for further comments relative to the fee schedule. . .hearing none the public hearing was closed.. .8:34 P.M. Public Hearing-Amending of the Zoning Ordinance-Notice Shown Hearing Opened 8:36 P.M. Supervisor Walter-We have instituted a Zoning Ordinance this summer and already finding some areas which were not addressed..in this public hearing we have advertised to change oneeae6tion�-imderiaaa�ticl a`4-to include the word office buildings under light industrial areas, Plaza Commercial area add the permitted use of Office Building and under Highway Commercial,add the permitted use of Office Building. Professional Building is listed in the new ordinance but we do not have a category for office building. . . asked for comments, hearing none the public hearing was closed 8:36 P.M. RESOLUTIONS t RESOLUTION TO APPROVE MINUTES SOLUTION N Introduced by Mr. Daniel Morrell who moved for its adoption, seconded y Dr. Charles Eisenhart: RESOLVED, that the Town Board Minutes of August 3rd, and 10th 1982 be and hereby are approved. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson RESOLUTION TO TRANSFER FUNDS RE.OL.. 4," 296, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded y Mrs. Betty Monahan: RESOLVED, to transfer $150.00 from A1990 Contingent to A9954.9 Interfund - PA_C Sewer. Duly adopted by the following vote: Li Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson RESOLUTION TO GRANT ONE YEAR EXTENSION OF FULL ABANDONMENT PROCEDURES ReanZutinn No_ 299_ Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, the Northway Plaza is under new ownership-:arid is at the present time engaged in a total rehabilitation and redevelopment of the property, and 3 188 WHEREAS, Christopher Associates has requested a one year extension of full abandonment procedures as per Town of Queensbury Fire Prevention Code, Appendix B, and I WHEREAS, all temporary procedures have been completed in accordance with the above section of the Code and in conformance with Ordinance #40 and the approvaZ of Fire Marshal Bodenweiser, NOW, THEREFORE BE TT RESOLVED, that the Town Board of Queensbury grant a one year extension to Christopher Associates to August 25, 1983 before they are required to complete full abandonment procedures re: underground storage tanks. Duly adopted by the following vote: i Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter } Noes: None Absent: Mr. Olson Councilman Eisenhart- Mr. Bodenweiser, you are in favor of this? Mr. Bodenweiser- yes i Supervisor Walter- indicated that she had received a letter from Christopher Associates requesting that the Town Board consider this. . .as Mr. Bodenweiser indicated it has his full approval. . . JESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, John A. Winslow and Linda E. Winslow has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at the corner of Corinth Road and Indiana Avenue, and WHEREAS, this Town Board has conducted a public hearing in connection with said j 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 John A. Winslow and Linda E. Winslow to locate a mobile home at property situated at the corner of Corinth Road;..and Indiana Avenue, 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: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent:Councilman Olson t RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME WSO1;WZJ1,9.N O Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Eggleston: WHEREAS, Mr. Rod Warrington (Faith Bible Church) has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at the end of Ogden Street, and WHEREAS, this Town Board has conducted a public hearing in eonkeetion wM said application and has heard all persons desiring to be heard in favor of or against said application, and 189 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 i requested by said application, NOW, THEREFORE BE IT f E RESOLVED, that pursuant to the provisions of 'the above mentioned ordinance, permission is hereby given to Rod Warrington (Faith Bible Church) to locate a mobile home at property situated at the end of Ogden Street, 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: f �j Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter kk Noes: None Absent: Mr. Olson Discussion held in regard to the Local Law-Fire Prevention Code-Councilman MorreZZ- requested that a decision be tabled until the Board could meet with the Fire Safety Committee. . .agreed to by the entire Town Board. . . RESOLUTION TO ADOPT AMENDNTS TO VARIOUS ORDINANCES OF THE TOWN OF QUEENSBURY TO ESTABLISH NEW FEES AND TO INCREASE EXISTING FEES i C BESnrTITrnN wn_ 300. Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, various ordinances of the Town of Queensbury provide for fees to be charged in connection with applications for the issuance of permits or for actions requested to be performed by officers or boards of the Town of Queensbury, and WHEREAS, the adoption of amendments to certain ordinances to establish new fees and to increase existing fees has been recommended to the Town Board for consideration as follows: ORDINANCE TO BE AMENDED PERMIT OR ACTION APPLIED FOR FEE Ordinance No. 30 (5) (a) Building permit for swimming pool $15.00 Ordinance No. 30 (5) (a) Building permit for dock $15.00 Ordinance No. 30 (5) (a) Demolition permit $10.00 Ordinance No. 12 (4) (2) (a) Temporary Mobile Home permit (up to three months outside of mobile home court) $10.00 Ordinance No. 12 (4) (2) (b) Mobile Home Permit (up to one year outside of Mobile Home Court) $25.00 Ordinance No. 12 (4) (2) (e) Revocable Mobile Home Permit (outside Mobile Home Court) $25.00 Ordinance No. 46, ,x'8.101 (2) Building Pewit for "All Other" Signs $15.00 and WHEREAS, pursuant to a resolution duly adopted by the Town Board, a public hearing has been held concerning the recommended adoption of amendments to various ordinances to establish new fees and to increase existing fees as set forth above, and WHEREAS, at said public hearing all persons interested in the subject matter of the proposed amendments to said various ordinances were duly heard, and WHEREAS, due deliberation having been had by the Town Board concerning the proposed amendwnts to said ordinances, and WHEREAS it ears that the amendments proposed are appropriate and in the best appears P oP aP_ P interests of the Town of Queensbury, and WHEREAS, it appears that all legal requirements relative to the adoption of said amendments have been fulfilled, NOW, THEREFORE BE IT RESOLVED, that the following amendments to Ordinances Nos. 30_,46, and 12 be adopted as follows: ORDINANCE TO BE AMENDED PERMIT OR ACTION APPLIED FOR FEE ordinance No. 30 (5) (aJ, Building Permit for Swimming Pool $15.00 No. 30 (5 (a) Building Permit or Dock $15.00 Ordinance ) f g Ordinance No. 30 (5) (a) Demolition permit $10.00 190 I Ordinance No. 12 (4) (2) (a) Temporary Mobile Home Permit (up to three months outside of I MobiZe Home Court)__ $10.00 Ordinance No. 12 (4) (2) (b) Mobile Home Permit (up to one year outside of Mobile Home' Court) $25.00 Ordinance No. 12 (4) (2) (c) Revocable Mobile Home Permit (outside Mobile Home Couttl $25.00 ;i Ordinance No. 46, , 8.101 (21 Building Permit for "ALL Other" Signs $15.00 and be it further RESOLVED, the Town Clerk of the Town of Queensbury be authorized and directed to publish post, and take any other action required by Zw to provide notice of the adoption of the foregoing amendments and that said amendments take effect at the earZiest date provided by law. Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mrs. Monahan, Mrs. Walter Noes: Mr. MorreZZ Absent; Mr— .Q1s9n RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE k ' RESOLUTION NO. 301, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Dr. CharZes Eisenhart: WHEREAS, a recommendation has been made to the Town Board to amend Section 4.020-m of the Queensbury Zoning Ordinance to include "Office Buildings" as permitted uses in a Light Industry (LI-1A) zone and to amend Section 4.020-h of the Queensbury Zoning Ordinance to include "Office Buildings" as permitted uses in,.za' Plaza Commercial (PC-1A). zone and to amend Section 4.020-j of the Queensbury Zoning Ordinance to include "Office Building" as a permitted use in Highway Commercial (HC-15, HC-1A1 zones and to include therein under Site Plan Review- Type II, "Office Building over five (5) units =or over two (2) bui Zdings", ang WHEREAS, said proposed amendments have been recommended for adoption by the Queensbury Planning Board, and P WHEREAS, pursuant to a resolution duly adopted by the Town Board of the Town of Queensbury, a public hearing was held to consider the proposed amendments at which all persons interested in the subject thereof were duly heard, and WHEREAS, it appears that all Legal requirements relative to the adoption of said amendments have been fulfilled, NOW, THEREFORE BE IT RESOLVED, thatSection 4.020-m of the Queensbury Zoning Ordinance be amended to-�kcZude "Office Buildings" as permitted uses in Z-i1ht Industry (LI-JAI' zone and that Section 4.020-h of the Queensbury Zoning Ordinance be amended to include "Office Buildings" as permitted uses in a Plaza Commercial (PC-1A) zone and that Section 4.020-j of the !; Queensbury Zoning Ordinance be amended to include "Office Building" as a permitted use in Highway CommerciaZ (HC-15, HC-1A) zones and that there be included therein under Site Plan Review- 1rype II, "Office Building over five (5) units :or over.tww (2) buildings" and be it further RESOLVED, that the Town Clerk of the Town of Queensbury be authoirzed and directed to publish, post and take any other action required by law to provide notice of the adoption of the-bregoing amendments and that said amendments take effect at the earliest date provided by Zara. Duty adopted by the following vote: Ayes: Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson Supervisor Walter- noted that she had a letter from Mr. Naylor requesting the name of Glen Road be changed to Genista Lane. . . RESOLUTION CHANGING NAME OF TOWN HIGHWAY RED SOLU ' NO, 302, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan f WHEREAS, a_ petithn was filed by the residents of Glen Road (location D.E. north to j , T.R. 64J to have--the name of their road changed, and WHEREAS, such residents noted the designated name caused confusion being that it was so closed to the name of Glen Lake Road, causing problems wihh deliveries, NOW, THERFORE BE IT I RESOLVED, that the Town Board of theTown40' Queensbury hereby changes the name of Glen Road (D. .E. No to T.R. 64) to Genista Zane and that this highway. be numbered 75 in the Town of Queensbury Road Directory,and be it further 4 RESOLVED, that the Town Clerk be directed to notify the Queensbury Highway and Police Departments. ,- Duly adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mns. Monahan, Mrs. Walter t Noes: None Absent: Mr. Olson COMMUNICATIONS j -Mobile Home Application of Marshall Fowler-Zake George- to replace mobile home with newer mobile home—approved by Building & Zoning Dept. location of mobile home Farm to Market Road. . . -RO.T. Notice of Order- 45 MPH speed limit on Sweet Road from US Route 9 easterly to Country Club Road---Stop sign to be erected in place of the existing yield sign on the Weeks Road approach to US Route 9---establish a 40 mph on Dixon Road from Aviation Road to the Peggy Ann Road/Old Forge Road intersection letter on file -Ltr. D.O.T.-re: Evergreen Association Area- will look`,into an area speed limit.. . on fi Ze -�.. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RF-5n r nTTny non zn z, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Marshall Fowler has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at Farm to Market Road, and WHEREAS, this Town Board 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 f said puhlie 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 Marshall Fowler to locate a mobile home at property situated at Farm to Market 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. DuZy adopted by the following vote: Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, .Mrs. Walter Noes: None Absent: Mr. Olson OPEN FORUM Mr. Harold Boynton- Read the following: I have been asked to present this document representing the residents living near and around the Queensbury landfill. We have a petition we would like to submit to the Board (on file) I request your permission. We are extremely concerned with the pwsent operation and management of the Queensbury landfill. These concerns stem from our investigation of the Environmental Protection 192 Agency's files and conversations with Mr. Coldon. J. Encon has said that the monitoring wells 12 anal 3--at the dump site are contaminated. 1 2. Encon has said that there .is a great deal of ground water contamination and they suspect heavy metals, chlorides and PCB's 3. Encon has stated that the Finch Pruyn dumping pit is not Lined and they will not issue a new permit when their present one expires. Question: Why was this allowed to happen? 4. Encon is very concerned that AbaZene Pest Control has been allowed the improper disposal of pesticides. 5. Encon is also concerned with the raw sewage pit. It is not being confined to the designated area. 6. From the files of Encon a Letter from Edward L. Moore of FRED C. HART ASSOCIATES, INC. dated March 1981 stating the G.F. dumping of capacitors containing PCB's were not { properly capped and no bottom Liner. The New York State Department of Environmenta�'� , Conservation has requested the Town of Queensbury to analyze the water quality "! using monitoring wells Located on site. To date no analysis for PCB/s has been } performed. 7. In May 1979 it was suspected that Zeachate would enter Mup Pond in about 3 years. This undoubtedly would Lead to severe contamination. The Queensbury landfill permit states: "The Landfill must operate in a manner which will not constitute a hazard to public health or the environment. QUESTION: What has been done in the past 3 years to insure our health and safety? REQUEST: 1. ' Assurance that Mr. Coughlin will effectively manage and monitor the Landfill so that the health and safety of the residents is protected. 2. Have. the New York State Dept. of Health that wells of the residents of the area for dangerous and toxic chemicals. PrimariZy the people living on Mud Pond Rd. 3. Clean up Landfill and have it meet State and Federal Standards. (petition presented to the Toss Board) Supervisor Walter-It is very interesting to me that ENCON has said, Encon has said nothing to the Town of Queensbury. "Encon has stated that they wiZll?vt issue a new permit:" "Question: Why was this allowed to happen" That is not a Local problem, that is an Environmental Conservation Problem, they have drafted part 360 several years ago, which has to do with dumping as far as landfills are concerned and part 362 which has to do with hazardous waste. it has changed, which brings me to the Last request 11-clean up Landfill an qlW meet State and Federal Standards. " The Town of Queensbury Landfill is the onlyandfiZZ that has a permit to operate, in order to get that permit to operate we had to meet State Dept. of Environmental Conservation Part 360 of the rules and regulations and rye did meet those requirements three years ago, that permit runs out at the end of this year. As far as Queensbury Cleaning up the Landfill we were issued a permit because it met all the specifications. "The New York State Department of Environmental Conservation has requested the Town of Queensbury to analyze the water quality using monitoring wells Located on site" We were not requested that is a stipulation of the permit which expires this December. We have contracted with Environment One and we have done the testing, four times a year, one of those timef is for additional testing. "In May 1979 it was suspected that leachate would enter Mud Pond in about 3 years. ' Who suspected it, I have this petition with this information I deal with Mr. CoZden quite often and W. Monroe who is the regional director of the Region Five of Encon, if in fact this information is fact why is not the Tun of Queensbury j privy to it. Why don't we have some communication from ENCON which would Lead us to believe that there could be a problem. "Encon is very concerned with AbaZene Pest Control" AbaZene has been up there for I don't know how Zong.nobody has ever said anything to me or the members of this Town Board. Barbara Comeau-Mud Pond Road-Sheryl McLaughlin has been up there and we have taken notes right from their files and that is what you are seeing. We are very concerned about the Landfill, I went down to the Cutters home, building a new home, there is white mold all over the ground, the water of Mr. Stevenson daughter, Theresa Akins, her water had an odor to it and Mr. Stevenson drilled a new well. On the opposi-k side of the pond is Mr. Arthur LaMay, they have notified the Stdte Dept. of Health, they took the bacteria tests for these people—we need somone to help us. . .I have written } to Mr. Solomon, people have called the Dept. of Health, we have notified ENCON and have gone through their files, there should be an investigation of what is { going on there at the Landfill. Supervisor Walter-you have been to ENCon, you wanted to have your wells sampledi Mr. CoZden said that they would not sample your wells and neither would the health dept. Barbara Comeau- that is correct. Supervisor Walter- why don't you sample your wells? Barbara Comeau- we are going to if we cannot get any heZp, noted that the test for chemicals and metals $1000.00. . . r 193 coot.-I believe that it would be proper for the N.Y. State Dept of Health to test. . . Supervisor WaZter-. . .you are looking for government to take on what you consider a problem f I think that they move in areas where there are problems, where there are potential problems and they have priorities. . . t Barbara Comeau- A child is M. . . Supervisor. WaZter- you are stating that a child is ill because of the well, is that right? Mrs. LaMazy-I am the boys mother, my pediatrician told me that they believe that the water should be checked, he is four years old and since we have moved to Mud .Bond road he has been i:h the Hospital three times very iZZ and they could not find a reason. We called the 4 Dept. of Health and asked that they test the water, a man came and took several samples k this is not the only reason that the water was tested, we have had to replace the toilet the inside was eaten out, smell in the water, water filters are black slime. Mr. Bruso he looked into,before he came up to take the sames and he called hw back and he :hold me - ' there was seepage from the landfill from their monittors and we were in juvisdiction to have the tests done. . .samples taken. . .repatt three weeks later, they made him back off from the chemical he sent us a list of all the bacteria thatarle in the water. He said we would have to go through the ENvironmentaZ HeaZth"Dept. I cannot say definitely that anything that has happened to my son is because of the water, but I am expecting another baby and I want to know that, that is not one of the reasons for it, we cannot afford a $1000 for tests. ..we should be entitled to know that there is nothingL-there. (presented bacteria test taken at the LaMay residence to Mrs. Walter) Supervisor WaZter- It is one thing to hae data in front of you and it is another thing to anaZyse it. Why has not her doctor notified ENCON? Mrs. LaMay- he told me to try first. . . Supervisor WaZter- you people realize that the Town does not have the resources that can anaZyx4S these kinds of things—perhaps the Town could write a letter to ENCON ana!_-the Department of Health that is where you get these kinds of things done. Ms. Comeau- noted that she understood that the ZandjUZ at one point was going to be turned into a steam energy plant and it was expanded instead. . . i Supervisor WaZter- you are wrong because there was never any idea for any steam energy at that site. Councilman Monahan- she means that garbage was going to be burned. . . Ms. Comeau- that w&atwhaW�foZd to me when I moved into the house. . . .felt that testing is mandatory at this time—because of sickness and iZZness. . .Encon has openly admitted, CoZden has said that place should be shut down. Supervisor WaZter- I am saying, we are having test , we are compZying with out- permit for the last three years, you are saying to me that Mr. Co Uen has said that—this is wrong, that is wrong and yet this town even though we comply with the permit and we have given them the results of an independent Zabortary,,has never written a letter to say these results are bad.. . Ms. Comeau-Encon has done iaothing, although he knows that well number two and three are contaminated,,they also know the pond is more than likely contaminated, but they refuse to take tests becauee there would be pubZieity. . .why doesn't the N.Y. State RaZth Dept. go in there and take some tests and reassure us that there is nothing wrong. �-- Councilman Monahan- What answer do you get from the N.Y. St. Health Dept. when they refuse to test your weZZs? Ms. Comeau- They said only for metals can we test, we said we don't want metals we want all kin* of toxic wastes, metals incZuded, we want an all around test, to let us know what we are drinking is all right. Councilman Monahan- What answer do you get from ENCON. Me. Comeau- we can't do it that is the department of healths responsibility. Councilman Monahan- in other words you are being kicked around from one dept. to another. . . Ms,. Comeau- absoluteZy, and there is no one who is going to do anything unless we go public. . Councilman Monahan- I agree with you, I live near your area and I am well aware of the problem and I have set here in this room and watched people present a petition here 194 '3 several years ago, because they were concerned about their wells. Ms. Comeau- They did nothing then and they still are doing nothing. . .we would not be here if we were not upset. . . Councanan Monahan- I think you have reason to be upset. You are finding government !' not responsive to the needs of the people. Walter Stevenson- I work for Scott McLaughlin Inc. I would like to have the Town Board walk around the landfill and Zook the pond over, it flows right out into the pond you can see the contamination. . . .we have got to Jo something about this. Frank (unknown) JenkinsviZle Road-The Town was given a permit for the landfill . to exist,--, does that call for monitoring of the test wells? Supervisor Walter- yes as part of the permit process, we had to install the wells. Frank (unknown)- ',where do thesejresuZts qo? Supervisor Walter- to Mr. CoZdon in Warrensburg. Frank (unknown)- If they are found to be contaminated then where do they go? Supervisor Walter- It was the understanding that if there was anything wrong we would be notified. . . .we would send the results to them they would get back to us if there was anyh roblem so it could be corrected. . . Frank (Unknown)- youwe saying you have not received any notice that certain wells are contaminated. Supervisor Walter- We have been testing four times a year for three years, I would assume that if there was anything wrong with the tests that they would get back to us. As far as the analysis of the samples that are taken,,we sent them to ENCON..they have the people up there who can say whether they are above standards or not. There is no one in this town that can determine that. . . (explained hbw the sampi-eszre -taken and reviewed the proecesses) Frank (Known)-why aren't the reports being sent back to you saying something.:.. Supervisor Walter- I dbn% ..�I%,aoueZd,-)hdve,�expecteAAto have been done. . .you have said, you have two wells that are contaminatedpthat makes me burn a"Zittle bit because I have done what ITsupposed'-bo do and nobody has ever told me. . . Frank (unknown) that is what we are- saying, ENCON is not doing their job, they did not report back to youf we want to know why, and Lets get it done and if the results are bad then we want something done about it. . . Supervisor Walter- In a case like this there isn't that much that the Town can do, except to push on ENCON and push on the $ealth Dept. because we are not in the capacity, we have no personnel here who can handle;twe have to rely on the State Agencies. I will send a Letter tomorrow morning to Dyson. Councilman Monahan- suggested to the residents in the area to also send a Letter to Eeicon and ask why the Town of Queensbury has not been notified of these results. . . the more pressure from more angles the better the results will be. . . Sheryl McLaughlin- JenkinsvilZe Road-I have had many conversations with Mr. CoZdon, I -inspected his files personaUY-t,, witA his permission, plus the files of Ciba Geigy and Finch Pruyn. He informed me Last monday that he would have a letter to you for this meeting stating the contamination in those two wells, he will be hearing from me tomorrow as to why he did not have that out. . . Supervisor Walter- Are those two wells just contaminated? Sheryl McLaughlin- no, there has been a major concern with Enccn as to this problem since 1979 when they had Edward C. Hart Associates take their survey of the area. Edward C. Hart Associates was very concerned with possible contamination the PCB's in the dump and Mud Pond. As you may or may not know General EZec. Co. dumped. capacitors containing PCB's since 1946 up into the 1900's. . . .this is concerning a Lot of people. I will make it a point to go back up there and get copies of the reports— the files were from 1979 to present. . .there was a Letter dated 1980 from WaZt Stevenson concerning the condition of Mud Pond and -how it was effecting his land because he had to put a new well irty there was also a copy of the return Letter telling him: everthing was fine everthing was being monitored, and not to be concerned, when in 1979 they had concerns and in 1980 done't be concerned. . . Councilman Monahan- Were both your wells drilled or was the first hand dug;, G Walt Stevenson-The first one was hand dug, then I drilled a new one 180 feet. . . I Councilman Monahan- because of water quaZity? Walt Stevenson- the mater got real sour, smell. . . f Unknomn,�o noted that the LaMay 's eattrcot use their water, they bring in water. i i `Vomeau- the latest test in the files of EncQn were January 1982] come there have f not been any more testing done? i Supervisor Walter- those reports have gone out to Encon, every three months. . .spoke on the engineering cost of locating another ZandfiZZ. .. f Unknown- noted that the sewage was running from the designated area and there is exposed garbage. . .we are not here tonight to cause problems we are here to correct what we feel are problems and what could be potential health problems. . . Ken Tougas-Jenkinsvi Ne Road-noted 10 years ago he got up a petition for the same thing. . .to stop toxic chemicals from being dumped into the landfiZZ. . .reviewed the meeting with Hercules, noted through their efforts a liner was placed to contain the chemicals from the plant. . .and four wells were placed for monitoring—spoke about the deteriation of mud pond, no more geese. . .what does the town have in mind for a back up if we all have to have new weZZs? Something has to be thought up now for the future. . . VaZarie Irving- Rainbow Trail- questioned if Environment One does the testing why cannot they tell the Town if it is .toxic oz;, noto'eo the Board is not in the dark? Supervisor Walter- they can give the analysis of what is present. . . Councilman Morrell- RaZph, , �A our testing facilit es at the water plant, could you test water samples if they brought them over and would they show any abnormalities that might indicate a problem? f C Ralph VanDusen-I work for the Tin Mater department, our lab. like Environment One is certified by the State of New York to perform specific analysis. We have the capabilities and are allowed by the State to perform only bacteriological samples we can do certain simple tests on our own water but we are not allowed to do any outside samples other than bacteria work. Under the guidelines set forth by the State we are permitted only to report the values that we check, if we do a bacteriological aanple and we find a certain kind of bacteria in��a certain number, we report that number,we cannot intrepret that. We are only allowed to report that to the people it is up to the people, in the case of drinking water to go to the State Health Dept. and in the case of landfill or any kind of discharge to go to ENCON. Councilman MorreZZ-If people in this area]if they all could bring a sample of their water and have it tested and each had the same test results indicating abnormalities of the same nature.,then it would be a reason for concern. . . Councilman Monahan- but you cannot test for heavy metals. . .RaZph Through your dept. could you send samples of thP�r water to Encon and request that they be tested? Ralph VanDusen- I doubt it, we had to pull a lot of strings to get one sample tested of our own. . . Unknown- Mr. Co Mon suggested that we have a priority pollutent analysis, this test would run $1000.00 per well. . .Eneon does not hare the funds right now tb help us, that we were to go to the Town Board. Supervisor WaZter- there is no quay that the Town has the resources. . .you would have to do random samples, not just one. . .the Health Dept. and Encon are the agencies— the Town Board is only a vehicle to get to those agencies. . .we will do that as early 4 P as tomorrow morning. . .we are going to find out why the Town has not received information a.... why you people have not been responded to, that is the only thing that we can promise you. . . Unknown- asked if anyone would be repromanded at MGM level for not notifying the town. . . Mr. Zemaneck- why can't the town provide Town water to these people? - Mr. Flaherty- neavest7mi.n is at Ridge and Cronin. .. Supervisor WaZter- Public water would teem to be the answer but at this time would be very expensive. . . Walt Stevenson- it is not only this county but you are getting into the next county. . . 196 i if the pond is polluted it runs into the Halfway brook. . . i Unknown- this was stated in the files in Warrensburg. . . Harold Boynton- the people here tonight are asking that you the Board put as much pressure as you can on Encon to get the reports to you. . .and find out why they have r not been contacting you. . . 'a Supervisor WaZter- asked if anyone else wished to speak in open forum, hearing none, the board went to audit of bills. . ! RESOLUTION TO ATTEND WATER PURIFICATION COURSE "0rnmrnN No. 304- Introduced by Dr. Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that permission is hereby granted to Mr. Thomas Flaherty to participate in a course on Water Purification and Hydraulics at Hudson Valley Community College, Fall 1982 Semester, and be it further j RESQVED that the Town Board authorizes payment of all reasonable and necessary expenses. 1 DuZy adopted by the following vote: a Ayes: Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Olson RESOLUTION TO APPROVE AUDIT OF BILLS RFSOrIITrnN Nn _ Introduced by Dr. Charles Eisenhart who moved for its adoptions; I seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as listed on Abstract No. 82-8C and numbered 1603 and totaling $2,'86.00 be and hereby are approved. DuZy adopted by the following vote: Ayes: Dr. Eisenhart, Mr. 1florreZZ, Mrs. Monahan, Mrs. Walter Noes: None i Absent: Mr. Olson RESOLUTION CALLING FOR EXECUTIVE SESSION R Sor,[ TnN 966--*7-n`6, Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Dr. Charles Eisenhart: RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters. } DuZy adopted by the following vote: 9 f Ayes: Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter Noes: None i} i Absent: Mr. Olson � c On motion the meeting was adjourned. Respectfully, Donald A. Chase, Town Clerk i 1 197 ;f RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED AMENDMENTS TO QUEENSBURY ZONING ORDINANCE i RF.(7nT.»mrnaT ��� �o� Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: p WHEREAS, a recommendation has been made to the Town Board to amend Section 4.020-m of t the Queensbury Zoning Ordinance to include "Office Buildings" as permitted uses in a Light Industry (LI-1A) zone and to amend Section 4.020-h of the Queensbury Zoning Ordinance to include "Office Buildings" as permitted uses in a Plaza Commercial (PC-1A) zone and to anand Section 4.020-j of the Queensbury Zoning Ordinance to include "Office Buildings" as a permitted use in Highway Commercial (HC-15, HC-1A)' zones and to include therein under Site Plan Review - Tupe II, "Office Building over five (5) units or over two (2) buildings", and WHEREAS said ro osed amendments have been recommended p p for adoption by the Queensbury Planning Board, and WHEREAS, it appears to be appropriate to consider the proposed amendments of said ordinances to include the provisions relative to office buildings as set forth above, ' and ERE, a public hearing to consider the proposed amendments �e required by Zaw, NOW THEREFORE BE R IT RESOLVED, that a public hearing be held concerning the amendments of the Queensbury Zoning Ordinance as set forth above to include "Office Buildings" as permitted uses as set forth above and that said public hearing>be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay and HavilandRoads, in the Town of Queensbury, Warren County, New York, On August 24, 1982 at which all persons interested in the subject thereof shall be heard, and be it further RESOLVED, that the Town Clerk of the Town of Queensbury be authorized and directed to publish and provide notice of said public hearing in accordance with lam. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Mondan, Mrs. Walter Noes: None Absent: None 1 4