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1982-10-18 SPf 237 l i Mr. Brennan- Mr. Naylor has a right to remove the Zimbs that are blocking the Zight. . . 1 If you are not sure where the tree is Zocated in relation to the Town property— have Mr. VanDusen confirm the Zocation. . . 1 -AIM will close the house on Westmore Avenue, they are requesting a meeting ith the Board 4;30 P.M. this coming Monday.. . g i -Ltr. Dr. /Wescott - requested bhat by Oct. 26 the Board will authorize a formal engineering study on their proposal of a sewer system. . . Supervisor Walter noted that there wiZZ be budget workshops on Tuesdays and Thursdays for the next few-, weeks On motion the meeting was adjourned. 1 Respectfully, j Donald A. Chase, Town Clerk f i i Special Meeting October 18, 1982 i f Members present: I Charles Eisenhart, Councilman h Daniel MorreZZ, Councilman Mrs. Betty Monahan, Councilman f Mrs. Frances Walter, Supervisor Absent: I' C r Mr. Daniel Olson, Councilman Mr. Joseph Brennan, Town Counsel r j The pledge of allegiance was Zed by Town Clerk, Donald A. Chase Mrs. Walter explained that the purpose of this meeting was to adopt a FINAL ORDER approving the Big Bay - Big Boom Water District. The FINAL ORDER was displayed by the Town Clerk. This order must be passed so that construction can be started and completed before f the cold weather sets in. RESOLUTION NO. 354, introduced by MorreZZ, who moved its adoption, seconded by Mr. Eisenhart. In the matter of the establishment of a Water District in the Town of Queensbury, Warren County New York, to be known as the Big Bay - Big Boom FINAL ORDER Water District in said Town. f WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duZy caused a general map, plan and report to be prepared by a competent engineer, duZy licensed by the State of New York, which have been filed in the Office ofthe Town Clerk of said Town in relation to the estabZishment of a proposed water district in said Town, to be known as the Big Bay - Big Boom Water �-- District; and WHEREAS, an order was duly adopted by said Town Board on the 13th day of July, 1982, reciting a description of the boundaries of said proposed water district, the improvements proposed therefor, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection, and specifying the 27th day of July, 1982, at 7:30 o'cZock p.m. prevailing time, at the Queensbury Town Office Building, Bay and Haviland Roads, in said Town, as the. time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear aZZ persons interested in the subject thereof concerning the same; and WHEREAS, such order was duZy published and posted in the manner rind within the f time prescribed by Section 209-d of the Town Law and proof of such publication and posting has been duZy presented to said Town Board; and i;,, 238 public hearing was duly held at the time an lace set forth in WHEREAS, said p g y p said order, as aforesaid, at which time all persons desiring to be heard were duly heard; and WJEREAS, following said public hearing, and upon the evidence given thereat and upon the general map, plan and report along with the Environmental Assessment Form which the Town Board had caused to be prepared in accordance with the - requirements of the State Environmental Quality Review Act concerning the establishment of the proposed Big Bay-Big Boom Water District and the const- ruction of the improvemtns proposed therefor, the Town Board duly adopted a resolution making a determination of no significant environmental impact of the - proposed establishment of the Big Bay-Big Boom Water District and the const- ruction of the improvements proposed therefor; and WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in Subdivision 1 of Section 209-e of the Town Law; and WHEREAS, following said public hearing, said Town Board also duly adopted a resolution approving the establishment of said water district and the const- ruction of the improvements proposed therefor, said resolution expressly providing that it was subject to a permissive referendum as provided by Section 209-e of the Town Law; and WHEREAS, after the expiration of the time for filing a petition requesting that the matter be submitted to a referendum of the eligible voters of the proposed district, the Town Clerk duly filed in the office of the County Clerk and in the Office of the Department of Audit and Control at Albany, New York, a certificate stating that no petition requesting that the matter be submitted to a referendum had been filed with the Town Clerk; and WHEREAS, in response to an application duly made pursuant to Subdivision 3 of Section 209-f of the Town Law, the State ComptroZZer has duly made an order, in duplicate, dated October Z2, 1982, granting permission for the establishment of said district, proof of which has been filed in the Office of the Town Clerk and which has been submitted to said Town Board, now, therefore it is hereby ' ORDERED, by the Town Board of the Town of Queensbury, Warren County, New York, as foZZows: s Section 1. A water ditrict in the Town of Queensbury, Warren County, New York to be known as the Big Bay-Big Boom Water District, is hereby established in accordance with the aforesaid order of the State ComptrolZer and is bounded and described as set forth in Appendix "All attached hereto and made a part hereof. Section 2. The improvements proposed for said water district, consisting of the construction of a water system to serve said district, including original furnishings, equipment, machinery or apparatus required in connection there- with, and also including the acquisition of Lands and rights in lands required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and approved. The maximum amount to be expended for such improvements»is estimated to be Seventy- Eight Thousand Dollars ($78,000.00). The $78,000.00 cost if said improvements l shaZZ be financed by a loan of not more than $78,000.00 from the Farmers Home I Administration of the United Stated Department of Agriculture at a rate of five percentum (5%) per annum maturing over a period not exceeding forty (40) years, which cost shaZl be borne by local assessment upon the several Lots and parcels of land in said district which the Town Board shall determine and specify to be especially benefited thereby; but, if not paid from such source, all the taxable real property in said Town shall be subject to the Levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said Loan as the same become due and payable. Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the Office of the Clerk of Warren County, New York, within ten (10) days after the adtoption of this order by this Town Board and to file a certified copy thereof within that time in the Office of the State Department of Audit and Control, inAZbany, New York, both pursuant to Subdivision 1 of Section 209-e of the Town Law. When so recorded, such order shaZZ be presumptive evidence of the regularity of the proceedings for theestablishment of said Big Bay-Big Boom Water District, of the proceedings instituted for the construction of the improvemtns hereinbefore described and I 239 of all other action taken by said Town Board in relation thereto. Section 4. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Daniel Olson Voting absent Charles Eisenhart Voting Yes Daniel Morrell Jr. Voting Yes _ Betty Monahan Voting Yes Frances J. Walter Voting Yes The order was thereupon duly adopted. ' Description of Big Bay-Big Boom Water District: Beginning at the southeast corner of lands of Edward O'Connor, said Point of Beginning (P.O.B.) being an angle point in the exixting boundary line of ",the West Queensbury Water District; thence in a southerly direction along the easterly bounds of lands of Samuel Jacobs and otherZand of Edward O'Connor to the south east corner of said lands of O'Connor; thence running in a westerly direction along a portion of the southerly bounds of said lands of O'Connor to the northeast corner of Zands of Margaret B. Baxter; thence in a southerly direction along the easterly bounds of said lands of Baxter to the southeast corner thereof, @aid point being in the northerly line of the lands of Willard W. and'Gertrude Whittemore; thence in an easterly direction along the northerly bounds of said lands of Whittemore to the northerly shore of the Hudson River; thence running in a southwesterly and southerly direction along said shore as it winds and turns to the northeast corner of lands of Robert E. and Margaret M. McDonald; thence in a westerly direction along the northerly bounds of said lands of McDonald to the northwest corner thereof; thence in a southerly direction along the westerly bounds of said lands of McDonald to the southwest corner thereof; thence in an easterly direction along the southerly bounds of said lands of McDonald to the shore of the Hudson River; thence running in a southerly direction along said shoreline to the northeast corner of lands of Norma Jean .Gibbs; thence in a westerly direction along the northerly bounds of said lands of Gibbs to the northwest corner thereof; thence in a southerly direction along the westerly bounds of said lands of Gibbs and other lands of Norma Jean Gibbs to the southwest corner of said lands of Gibbs; thence in an easterly direction along the southerly bounds of said lands of Gibbs tab the shore of the Hudson River; thence in a southerly direction along said shore to the northeast corner of lands of Arthur J. Murray;thence in a westerly direction along the northerly bounds of said lands of Murray to the northwest corner thereof; thence in a southerly direction along a portion of the westerly bounds of said lands of Murray to the northeast corner of lands of Roland E. Bardin; thence in a westerly direction along the northerly bounds of said lands of Bardin to the northwest corner thereof; thence in a southerly direction along the westerly bounds of said lands of Bardin to the southwest corner thereof; thence in an easterly direction along the southerly bounds of said lands of Bardin and lands of Arhhur. J. Murray to the shore of the Hudson River; thence in a southerly direction along said shore as it winds and turns to the intersection with the northerly edge of an incoming stream; thence in a southwesterly direction along said northerly edge as it winds and turns 1300 feet more or less to a point; thence in a westerly direction along a straight line through lands of Finch Pruyn and Co. Inc. to a point, said point marking the intersection of the westerly line of Big Boom Road with the southerly line of the northbound Rest Area for Interstate Route 87; thence in a southwesterly direction along the southerly bo-nds of said Rest Area to a point marking the intersection of said Rest Area's southerly line with the easterly line of Interstate Route 87; thence in a southwesterly direction across Interstate Route 87 and Big Bay Road to a point marking the intersection of the westerZy line of Big Bay Road with the southerly line of lands of Tibor Toth; thence in a northwesterly direction along the southerly bounds of said lands of Toth to a point in the easterly bounds of lands of James and Germaine Rossi; thence in a northerly direction along the easterly bounds of said lands of Rossi and other lands of James and Germaine Rossi to the 240 northeast corner of said Lands of Rossi; thence in a westerly direction- ' along the northerly bounds of said Lands of Rossi to the shore of the Hudson River; thence in a northerly direction along said shore as it winds and turns to the northwest corner of Lands of Malcolm J. and Simone A. Bolton; thence in an easterly direction along the northerly bounds of said Lands of BoZton to the southwest corner of Lands of Albert and Mary Agazzi; thence in a northwesterly direction along the westerly bounds of said Lands of Agazzi to the northwest corner thereof; thence in a northwesterly and westerly direction along the southerly bounds of Lands of ArnoZf and Viola Smith to the shore of the Hudson River; thence in a northwesterly direction along said shore to the southwest corner of Lands of Ann C. Murphy; thence in an easterly direction along the southerly f bounds of said Lands of Murphy to the southeast corner thereof, said point C being in the westerly bounds of Lands of Arnold and Viola Smith; thence in a northerly and northwesterly direction along the westerly and northerly E bounds of said Lands of Smith to the southwest corner of lands of Lawrence F. and Shirley G. Kelliher; thence in a northerly direction along the westerly bounds of said Lands of Kelliher to the northwest corner f thereof, said corner being in the southerly bounds of Lands of Helen K. Sperry; thence in a westerly and southwesterly direction along the souhterly bounds of said Lands of Sperry to the shore of the Hudson River; thence in a northwesterly direction along said shore to the northwest corner of said lands of Sperry; thence in a northerly direction along a straight Line through lands of Ethel Fisher to the southwest corner of Lands of the Town of Queensbury; thence in a northerly cirection along the westerly bounds of said Lands of the Town of Queensbury to a point in the southerly bounds of Wells Road; thence in a southeasterly direction along the southerly bounds of Wells Road to the southwest corner of Lands of Decan Construction Co. Inc.; thence in a northerly direction along the westerly bounds of said Lands of Deean Construction Co., Inc. to the northwest corner thereof, said point being in the southerly bounds of Lands of the Contore Co. Inc.; thence in a westerly dorection along the southerly bounds of said Lands of the Contore Co., Inc. to a point in the northerly bounds of Wells Road;,thence in a northwesterly direction along the northerly bounds of Wells Road to a point therein at the intersection of the same with the existing boundary Line of the West Queensbury Water District; thence in a northerly direction along said water district boundary and lands now or formerly of Mary D. and ` William F. Carey on the west to an angle point in the existing boundary Line of the West Queensbury Water District, said point also marking the northwest corner of said Lands of the Contore Co., Inc. (formerly lands of Anthony Dineno); thence continuing along the West Queensbury Water District boundary in an easterly direction along the lands formerly of € Dineno to the southeasterly corner of Lands now of formerly of Howard C. Wendell, Sr.; thence in 'a northerly direction along the easterly bounds of said lands of Howard C. WendeZZ, Sr. to the southwesterly corner of lands of Howard Wendell; thence in an easterly direction along the southerly bounds of said lands of Howard Wendell I to the westerly bounds of Big Bay Road; thence along the projection easterly of the southerly bounds of said lands of Howard Wendell to j the easterly bounds of Big Bay Road; thence in a southerly direction along [ the easterly bounds of Big Bay Road to the southwesterly corner of Lands of the Warren County Commissioner of Public Welfare; thence in an easterly direction along the southerly bounds of said lands of the Warren County Commissioner of Public Welfare and also along the southerly bounds of lands now or formerly of Howard Joslyn to the southeasterly corner thereof; thence in an easterly direction crossing ± the Lands now or formerly of Bernice Baker to the southwesterly corner of the Lands now or formerly of Akins; thence in an easterly direction along the southerly bounds of said Lands of Akins to the southeasterly corner thereof; thence southerZy along the .easterly bounds of Lands now or formerly of Bernice Baker and the westerly bounds of Interstate Highway Route Number 87 to a point in the southerly bounds of said lands of Baker; thence in an easterly direction along the projection westerly of the southerly bounds of Lands now or formerly of Queensbury Hotel Corporation across said Interstate Highway and along the southerly bounds of Lands of Queensbury Hotel Corporation to the southeasterly corner thereof; thence continuing can the same course easterly twenty five (25) feet, more or Less to the center of Big Boom Road; thence in a northerly direction along the center of Big Boom Road to said Road's intersection with the northerly bounds of lands of 241 Samuel Jacobs; thence in an easterly direction along the northerly bounds of said lands of Jacobs to the point and place of beginning (P.O.B., containing 560 acres be the same more or less. The above described Water District is indicated on Sheets Z. 2 and 3 of a map titled "Proposed Big Bay-Big Boom Water District" dated March, 1982 and prepared by Kestner Engineers, P.C. One Kestner Lane, Troy, New York Z2Z80. In discussion, Mr. Flaherty indicated to Mr. Morrell that a majority of the work would be done before the ground froze. We have to depend on the weather. The press inquired about the cost. Mrs. Walter stated the cost would be $78,000.00 and would be financed through Farmers Home over a 40 year period. The cost of the district is low because we will be utilizing some of the mains. RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR A PERMIT TO APPROVE CONSTRUCTION OF BIG BAY/B TG BOOM WATER DISTRICT. RESOLUTION NO. 355, introduced by Mrs. Monahah, seconded by Mr. Eisenhart. WHEREAS, the approval of the New York State Department of Environmental Conservation is required to construct water facilities, NOW THEREFORE BE IT RESOLVED, that Kestner Engineers, P.C. and Joseph R. Brennan, engineers and attorney for the project respectively, are hereby authorized to prepare any documents necessary to apply for and obtain approval of the New York State Department of Environmental Conservation to construct _ the Big Bay/Big Boom Water District facilities in the Town of Queensbury, Warren County, New York approved by the Town Board by res6Zution adopted on October Z8, 1982, and be it further RESOLVED, the Town Supervisor, Frances J. Walter, is hereby authorized to execute any documents necessary to apply for and obtain said approval. Duly adopted by the following vote: Ayes: Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: Mr. Olson. RESOLUTION TO SIGN A CONTRACTUAL AGREEMENT WITH WARREN COUNTY FOR DWI PROGRAM FUNDS RESOLUTION NO. 356. introduced by Mr. Eisenhart and seconded by Mr. Morrell. WHEREAS, on October Z5, Z982 the Warren County Board of Supervisors approved the allocation of $5,000.00 to the Town of Queensbury for the period October Z8th to December 31, 1982 from STOP DWI monies received from the State and WHEREAS, the Queensbury Chief of Police has presented a plan approved by the Town for the use of tk1:,o$5,000.00 for overtime patrol at crucial hours for the purpose ofDWI enforcement and WHEREAS, the Board of Supervisor by Resolution 349 of 1982 has approved re- imbursement to the Queensbury Town Court for $5.00 per case for a DWI offense. NOW THEREFORE BE IT RESOLVED, that Frances J. Walter, Supervisor, of the Town be and is hereby authorized to sign a contractual agreement with Warren County for the acceptance and use of STOP DWIProgram funds. 1 DuZy adopted by the following vote: Ayes: Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: Mr. Olson I r 242 On motion the meeting was adjourned. Respectfully submitted Donald A. Chase, Town Clerk RESOLUTION TO SCHEDULE PUBLIC HEARING RESOLUTION NO. -" introduced by Mr. Eisenhart, who moved its adoption, seconded by Mr. Morrell. I WHEREAS, Ralph Boice and TopO'The World, have submitted an application pursuant to Article 15 of the Queensbury Zoning Ordinance for Preliminary Planned Unit Development (PUD) Plat approval of a project to develop approximately 1300 acres of land situate in the Town of Queensbury located to the south and east of Route 9L west of Bay Road and in the immediate and general vicinity of Lockhart Road, and WHEREAS, the proposed project for which Preliminary XPUD) Plat approval is sought consists of, among other things, the proposed development and const- ruction of 240 time-share condominium units with additionaZ resort facilities including a golf course, riding stable, cross-country ski trails, swimming pools, '` a community center with restaurant facilities, tennis courts and other recreat- ionaZ complex facilities, and WH E REAS, the Queensbury Zoning Ordinance mandates that a public hearing be held doncerning the aforesaid application for approval, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held in the Meeting Room of the Queensbury Town Office Building, situate at Bay and Haviland Roads, in the Town of Queensbury, Warren County, New York, on the 26th day of Gctober, 1982 at 7:30 P.M. to consider the application of Ralph Boice and Top O'The World for Preliminary Planned Unit Development Plat approval of the aforesaid project, at which public hearing all persons in the subject matter thereof will be heard, and be it further RESOLVED, that the Town Clerk be directed to cause notice of said Public Hearing to be published in the Glens Falls Post Star, an official newspaper of the Town of Queensbury, at least five days prior to said public hearing and that the Town Clerk take any and all other action relative to notice of said public hearing as may be required by law. i DuZy adopted by the following vote: C Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: None. RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED CHANGE IN ZONING RESOLUTION NO. Z" introduced by Mr. Morrell, who moved its adoption, seconded by Mrs. Monahan. WHEREAS, under the existing zoning in the Town of Queensbury, a certain area of the Town generally bounded by Fuller Road on the north, Luzern Road on the south, the corporate boundary line between the Town of Queensbury and i the Town of Lake Luzerne on the west and on the east by a line running gener- aZZy north and south at a distance of approximately 1,320 feet to the west of West mountain road and running parallel thereto, is presently zoned in a classification, in part of RR-5A and, in part, in a classification of LC-10A, and 4 WHEREAS, an application has been received by the Town Board requesting the rezoning of a certain portion of said premises to reduce the area presently zoned as RR-5A and to change the zoning classification of a portion of said area to a new classification of LC-10A and to rezone a portion of said lands from an existing classification of LC-10A to a new classification of RR-5A and ------ ----- 243 WHEREAS, it appears that said proposed rezoning is worthy of consideration, and WHEREAS, it is specifically proposed that the aforesaid Lands be rezoned to create a zoning classification of RR-SA for all Lands described in ScheduZy "A" annexed hereto and that all other Lands described on the. Warren County Tax Map relative to the Town of Quednsbury as Map No. 8, Section 123, Located to the south of FuZler Road, to the west of the existing SR-IA zone and not described on Schedule "A" be rezoned to a classification of LC-LOA, and WHEREAS, a public hearing relative to the ro osed rezoning premises is mandated by Law, p p ng of the aforesaid I { NOW, THEREFORE, BE IT !{ f f RESOLVED, that a public hearing be held before the Town Board of the Town of E Queensbury at the meeting room of the Queensbury Town Office Building, Bay �✓ and Haviland Roads, Town of Queensbury, Warren County, New York, on the 9th day of November, 1982 at 7:30 P.M. on that date to consider said proposed rezoning and to hear all persons interested in the subject thereof and concern- ' in the e same and for such other action on the part of said Town Board relative to the proposed rezoning as may be required by Law or as may be proper in the premises, and be it further RESOLVED, that the Town Clerk be directed to cause notice of said public hearing to be published in addordance with Law and to provide any and all other notices which may be required by law for the scheduling or holding of said public hearing. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter } Noes: None. Absent; None. SCHEDULE"A" Beginning at a point on the southerly bounds of Fuller Road at the northeast corner of premises of Mark Branson (shown on the Queensbury Tax Map as Lot 21, section 123), said point being the northwest corner of premises of Richard A. and Patricia P. White; thence in a general southerly direction along the easterly bounds of the Lands of said Branson to the northerly bounds of Bush Road; thence in a southerly direction, on a Line being an extension of the Last described Line, across Bush Road to a point on the southerly bounds of said road, said point also being on the northerly bounds of lands of Dennis and Cynthia Brower (shown on the Queensbury Tax Map as Lot 37.22, section 123); thence easterly along the northerly bounds of the Lands of Brower to the northeast corner thereof; thence southerly in a generally straight tine along the easterly bounds of the Lands of said Brower and also along the easterly bounds of the Lands of Jeffrey and Wendy Inglee, Clarence J. and Cora D. Beames, Donald and Anne L. Betters and John Weston to the southeast corner of aparceZ of Land owned by said John Weston (shown on the Queensbury Tax Map as Lot 42.2, section 123), said point being also the southeast corner of Lot 12, Luzerne tract; thence westerly in a straight Zine .along the southerly bounds of said land of Weston, across Tuthill Road, and continuing westerly along the southerly bounds of the Lands of Donald and Anne L. Betters to the southwest corner thereof; thence northerly along the westerly bounds of the Lands of said Betters to the northwest corner thereof; thence northerly in a straight Line through the lands of Albert and Marilyn Smith to a point on the southerly bounds of the lands of the Maynard Thomson Estate (shown on the Queensbury Tax Map on Lot 39, section 123), said point being the intersection of said southerly Line with an extension south of the most westerly line of the Lands of Mark Branson; thence westerly along the southerly bounds of the lands of ,aynard Thomson Estate to the southwest corner thereof thence northerly along the westerly bounds of said Lands to the northwest corner thereof; thence easterly along the northerly bounds of said Thomson Estate to the southwest corner of the Lands of Mark Branson (shown on the Queensbury Tax Map as Lot 21, section 123),; thence in a northerly and easterly direction along the westerly bounds of the Lands of said Branson to the southerly bounds of Fuller Road; thence easterly along the northerly bounds of the Lands of said Branson to the point of beginning;'