1978-10-10 134
REGULAR TOWN BOARD MEETING OCTOBER 10, 1978
MEMBERS PRESENT:
Michel Brandt, Supervisor
Daniel Olson, Councilman
Dr. Charles Eisenhart, Councilman
Mrs . Frances Walter, Councilman
Hammond Robertson, Councilman
Joseph R. Brennan, Town Counsel
PRESS: Glens Falls Post Star
GUESTS: Leage of Women Voters , Mr. Morrissey, Mr. & Mrs. Otto
TOWN OFFICIALS: Mrs . Shenk, Mr. Hansen, Mr. Liapes , Mr. Lynn
Mr. Flaherty
Meeting Opened. . .Salute to the Flag led by Councilman Walter
7: 30 P.M.
BID OPENING PINEVIEW DUMP TRUCK NOTICE SHOWN
Supervisor Brandt requested the opening of the bids. . .
Town Clerk, Donald Chase- opened and read the following bids.
Ford Gargge Company, Inc.
109 Warren Street
Glens Falls , New York 12801 1979 Dodge Model X300
Proposal No. 1 Factory List Price $12 ,782.17
Municipal No Trade Discount 1,874.17
Net Bid Price (No-Trade)
Proposal No. 2 Factory List Price $12,782.17
Allowance-1969 International 2 ,999.17
Trade Difference
non collusive attached
-------------------------------- ------------------------------------
Carswell Motors & Tire Inc.
681 Glen Street
P.O. Box 31
Glens Falls , New York 12801 1979 GMC Model TK31003
Total Delivered Price $10,782.00
Allowance for 1 1969 IHC 1,400.00
Net Trading Difference
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non collusive attached
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Councilman Olson- requested that all bids be turned over ta, the
Cemetery Commission for their recommendation . . .
The entire board was in agreement. . .
PUBLIC HEARING 7:39 P.M. Rezoning Request Lawrence Mancini, and
Donald Morrissey Route 149 and 9L
NOTICE SHOWN from R-3 to C-1
George Liapes- using a zoning map described the area that is tn'gpestion. . .
Route 149 and 9L from R-3 to C-1 noted that both the Town and County
Planning Board recommended approval. . .
Mr. Otto- what does he want to do with this property?
George Liapes- he has requested a C-1 zone which is limited to local
retail business more or less. . .
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Councilman Robertson- I have some reservations. . .would like to see more
of what is plannid ,before I give somebody a blanket license
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Mr. Morrissey- A C-1 Classification has a limited commercial allowance. . .
noted that R-3 has almost unlimited expectations which might be objectionable
to the residents of the area. . .we are looking for a uniform designation
to the property that we are holding. . .
George Liapes- Does Mrs. Bennett object to this rezoning?
Mr. Morrissey- there is no objection to having the property designated
one way or the other. . .
Supervisor Brandt- I do not see any tIypop-of. residential development in
that region. . .C-1 would be a better reflection of what really is there.
Councilman Olson- What do you have in mind for that area?
Mr. Morrissey- We would 11ke to develop the area under the C-1 restriction.
Councilman Eisenhart- My only reservation is the expansion of a zoning
on a projected possibility, . .
Mr. Morrissey- We would like to think, that you would look at it, is that
we are developing the area along a C-1 line. . .it has been arbitrarily
designated as C-1 for 500' along Rt. 149 and 400' along 9L why not take
in the additional footage. . .
Councilman Olson- Is that all the properties that you own in that area?
Mr. Morrissey- yes.
Councilman Walter- By the nature, of the carAgories of zoning -the Town
of Queensbury is restricting what does occuf" in development in particular
zones, I wonder kbw much government "_. - should have over what in
particular goes up. . .
Mr. Morrissey- I cannot see anyone building a residence in this area
due to the surrounding properties. . .noted that this area is in the
Adirondack Park and must have their approval.
Supervisor Brandt- requested any further input. . .none being heard the
f _ hearing was closed 8:01P.M.
RESOLUTION APPROVING THE REZONING OF THE MORRISSEY, MANCINI PROPERTY
ROUTE 149 and 9L FROM R-3 TO C-1
RESOLUTION 278 Introduced by Mr. Michel Brandt who
moved for its adoption, seconded by Rr. Charles Eisenhart:
(Resolution forthcoming from Town Counsel, to be found on page
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 272 Introduced by Br. Charles Eisenhart who moved for its
adoption, seaon a by Mr. Daniel Olson:
RESOLVED, that the minutes of September 26th, October 3rd and 5th of
1978 be and are hereby approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs . Walter, Mr. Robertson, Mr. Brandt
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Noes: None
Absent: None
RESOLUTION TO AUTHORIZE THE RECREATION DIRECTOR TO ADVERTISE AND
CONDUCT SIX RECREATION PROGRAMS THIS FALL
RESOLUTION No_ ?An_ Introduced by Mr. Michel Brandt who moved for its
136
adoption, seconded by Mr. Daniel Olson:
WHEREAS , the Recreation Department of the. Town of Queensbury
desires to offer six recreation programs for the residents of
the Town of Queensbury this fall, and
WHEREAS, Harold R. Hansen, Recreation Director, has prepared
a report, "Recreation Program Philosophy and Possible Fall
Programs", dated 9-22-78, outlin; ng the anticipated cost to
conduct these programs, and
WHEREAS , the Recreation Director has proposed that fees be
charged for the adult programs , (5 programs) , so that there
will be no cost to the Town of Queensbury for providing these
programs, and
WHEREAS, the Recreation Commission of the Town of Queensbury
has read the above mentioned report avid has unanimously
recommended that the Recreation Director be. autborized to
publicize and conduct these programs, Therefore be it
RESOLVED, that the Town Board authorize the Recreation Director
to investigate further, the possibility of offering these
programs, and if further investigation proves worthwhile, that
the Director be permitted to advertise and conduct the six fall
programs as outlined in the report.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes: None
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Absent: None
Discussion held before vote on resolution no. 280.
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Mr. Hansen- reviewed his fall programs . . .noted that there will
be no charge for the childrens program. . .a question on liability
was asked. .Mr. Hansen noted that the Town would be covered under
their own insurance. . .a chag a would be made to adults covering
supplies, a room if necessary, and instructor. . .
RESOLUTION TO ATTEND CONFERENCE
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RRSOL•UT?ON Nn- 281 _ Introduced by Mrs. Frances Walter who moved for its
adoption, seconded by Mr. Hammond Robertson:
RESOLVED, that Thomas Flaherty and Ralph VanDusen be allowed to attend a
seminar conducted by the Adirondack Water Works Conference on October 26,
1978 at Roaring Brook, and be it further
RESOLVED, that the anticipated cost of this conference will be $10.00
per person, and that the Town Board authorizes this payment and all other
necessary and reasonable expenses.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt,
Noes : None
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Absent: None
RESOLUTION TO ATTEND CONFERENCE L
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$RRQT•TIITQS __" Introduced by Mr. Hammond Robertson who moved for
its adoption, seconded by Mrs. Frances Walter:
RESOLVED, that Thomas Flaherty and Ralph VanDusen be allowed to attend a
Seminar conducted by the American Water Works Conference, on October 18th
1978 in Syracuse :New York, and be it further
RESOLVED, that the anticipated costs of this conference will be $27.00 per
person and that the Town Board authorizes this and all other necessary and
reasonable expenses.
Duly adopted by the following vote:
Aves: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
Councilman Robertson- commented that this seminar will-be on safety. . .
noted the excellent safety record of the Queensbury Water Dept.
RESOLUTION TO ADVERTISE FOR BIDS FOR DUCTILE IRON PIPE
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RESOLUTION 283 Introduced by Mr. Michel Brandt who moved for its
adoption, seconded-by Dr. Charles Eisenhart:
WHEREAS, Thomas Flaherty, Water Superintendent of the Town of Queensbury
has recommended that the Town Board advertise for bids for the purchase
of Ductile Iron Pipe to be used for installation projects , therefore be
it
RESOLVED, that the Town of Queensbury solicit sealed bids for Ductile
Iron Pipe and that the following notice be published in the official
newspaper to read in the following form:
NOTICE TO BIDDERS
NOTICE is hereby given that the Town Board of the Town of Queensbury will
receive sealed proposals on Ductile Iron Pipe, a complete copy of the
specifications will be available in the Office of the Town Clerk. Bids
will be received up to 5 :00 P.M. on the 24th day of October, 1978 at
the Town Clerk's Office in the Queensbury Town Office Building, Bay and
Haviland Roads, glens Falls , New York 12801.
j Bids must be submitted in sealed opaque envelopes marked "DUCTILE IRON PIPE"
and there shall be included in such bid the Certificate of Non-Collusion
required by Section 103D of the General Municipal Law and the bidder must
state the approximate date of delivery.
The Town Board will meet at the Queensbury Town Office Building at 7: 30 P.M.
on the 24th day of October, 1978 at which time the bids will be opened and
read aloud.
The Town Board reserves the right to reject any or all bids.
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Duly adopted by the following vote:
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Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
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Absent: None
OL IO JDVERTISE FppR AIDS FOR HTdG W�Y CROSSIS
ntro uced by Mr. Hammon
o ertson, by Mr. Michel
WHEREAS, Thomas Flaherty Water Superintendent of the Town of Queensbury
t has recommended that the Town Board advertise for bids for labor, equipment,
excavation, safety devices such as traffic flares and steel slbkve pipe
to install a 15 inch diameter sleeve under County roads at areas specified,
therefore be it
RESOLVED, that the Town of Queensb-ury solicit sealed bids for labor,
equipment, excavation, safety devices such as traffic flares and steel,
sleeve pipe to install a 15 inch diameter sleeve under County Roads , at
areas specified and that the following notice be published in the official
newspaper to read in the following form:
NOTICE TO BIDDERS
NOTICE is herelly given that the Town Board of the Town of Queensbury will
receive sealed proposals on labor, equipment, excavation, safety devices
j such as traffic flares and steel sleeve pipe to install a 15 inch diameter
! sleeve under County roads at areas specified, a complete copy of the
' specifications will be available in the Office of the Town Clerk. Bids
will be received up to 5:00 P.M. on the 24th day of October, 1978 at the
Town Clerk' s Office in the Queensbury Town Office Building, Bay and
Haviland Roads, Glens Falls, New York 12801.
Bids must be submitted in sealed opaque envelopes marked "HIGHWAY CHHBSINGS"
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and there shall be included in such bid the Certificate- of Non-Collusion
required by Section 103D of the General Municipal Law and the bidder must
state the approximate date of delivery.
The Town Board will meet at the Queensbury Town Office Building at 7:30 P.M.
on the 24th day of October, 1978 at which time the bids will be opened
and read aloud.
The Town Board reserves the right to reject any or all bids.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None Ll
Absent: None
RESOLUTION OF APPROPRIATION
RRSOI nN—un 285, Introduced by Mr. Michel Brandt who moved for its
adoption, seconded by Mr. Hammond Robertson:
WHEREAS, an IBM typewriter was purchased for use in Building and Zoning
and the Assessment Department, and
WHEREAS, there is a surplus in both the Assessor' s Contractual account
and the Building and Zoning Contractual Account, NOW, THEREFORE BE IT
RESOLVED, to transfer $387. 00 from A1355.4 Assessor Contractual to
A1355.2 Assessor Equipment, and $387.00 from A8010.440, Building
and Zoning Contractual Account, to A8010.2 Building and Zoning Equipment
Account, and be it further
RESOLVED, that the payment for this ISM typewriter be split between
the two departments.
Duly adopted by the following vote:
Ayewt Mr. Olson, Dr. Eisenhart, Mrs . Walter, Mr. Robertson,
Mr. Brandt
Noes : None i
Absent: None
RESOLUTION TO ACCEPT A DEED FOR HIGHWAY
RESOL.UTTON NO- ? f Introduced by Mr. Michel Brandt who moved its
adoption, seconded by Mr. Hammond Robertson:
WHEREAS, Robert E. McDonald and Margaret M. McDonald, his wife, have
executed and offered a deed for a Town rQ&d not less than 50 feet in
width, which is described therein in Schedule "A" attached hereto and
made a part hereof, and
WHEREAS, Carl A. Garb, Superintendent of Highways of the Town of Queens-
bury, has advised that he recommends that this Board accept this land
for highway purposes into the Town highway system, and
WHEREAS, the form of the deed has been approved by Joseph R. Brennan,
Esq. , Counsel to the Board,
NOW, THEREFORE BE IT
RESOLVED, that the aforementioned deed be and the same is hereby
dteop that ihb p *
and directed t ca se saiddeed to becor edin the WarrenC t_y
Clerk's Office after which said deed shall be filed in the Office of
the Town Clerk of the Town of Queensbury and be it further f
RESOLVED, that the new road be hereby added to the official inventory
of Town highways, and described therein as follows:
ROAD NO. 370 , Description Big Boom Road easterly to dead end.
NAME: Co y�ve, MILEAGE:
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
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Noes: None-
Absent: None
Ltr. Town Planning Board re: E. James Barrett and William Fox
rezoning requests. . .disapproved "The Board recommend disapproval
of this rezoning request with the recommendation that the entire
area from Town Line to Highland Avenue be rezoned C-3 with 200 ft. depth
from Dix Avenue, with a 50 ft. buffer zone as per Town Ordinance for the
adjoining R-4 zone.
Councilman Walter- requested that Mr. Liapes contact Mr. Harrison regarding
infovmation on wording of rezoning of Dix Avenue properties and inturn
inform Joseph Brennen Torn Counsel (regarding existing homes. . .to expand
and or rebuild if destroyed. . .in a commerci4l zone)
Ltr. State of New York Executive Dept.
Division of Qqualization and Assessment
September 22, 1978
Mr. James Howe
Sole Assessor
Town of Queensbury
Queensbury Town Office
Bldg.
Glens Falls, New York 12801
Dear Mr. Howe:
Congratulations! You have successfully completed Phase I
and II of the Basic Course of Training for Assessors , pursuant
to Article 15A, Section 1522 of the Real Property Tax Law.
Your certificate is enclosed. I suggest that you file a
` copy of this letter with your town or city clerk.
Very truly yours ,
Joseph J. Taggart
Director, Bureau of
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JJT/pmm Certification & Training
-Highway Dept. turned over annual inventory of Highway machinery,
tools and equipment
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-D.O.T. notification that Highway Dept. shall place and maintain
traffic control devices on. . . .45 mile per hour speed limit on Luzerne
Road from Minnesota Avenue to Burch Road. . .
-Petition- four residents of Helen St. requesting name change on
Street. . . to Helen Drive on file. . .
Town Board requested that this be turned over to the Highway Supt.
f Ltr. on file from Chief Judkins. . . recommends lower speed limit on
East Sunnyside and Jenkinsville Road. . . .
RESOLUTION TO REQUEST LOWER SPEED LIMIT ON EAST SUNNYSIDE ROAD AND
JENKINSVILLE ROAD
RESOLUTION NO. 287 Introduced by Mr. Michel Brandt who moved for its
a opt on, secon a by Dr. Charles Eisenhart:
REBREAS. ,
the Town Board of the Town of Queensbury have received
petitions from the residents of East Sunnyside* Road and Jenkinsville
= Road citing a ver y high rate of speed on the respective roads__gagsing a
dangerous. situation and
WHEREAS, the Town Board turned over the request for lower speed limits
on East Sunnyside Road and Jenkinsville Road to the Chief of Police
{ for his recommendation, and
WHEREAS, Chief Judkins of the Queensbury Police Dept. filed a report
with the Town Board recommending a lower speed limit on each of the
above listed roads, NOW, THEREFORE BE IT
RESOLVED, that the Town Board hereby requests the Town Clerk of the
Town of Queensbury to write to the Warren County Dept. of blir-Morks
140
and the N.Y. State Dept. of Transportation requesting a lower speed
limit on East Sunnyside Road and Jenkinsville Road in the Town of
Queensbury.
Duly adopted by the following vote
Ayes: Mr. Olson, Dr. Eisenhart, Mrs . Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
Supervisor Brandt- recommend a re-examination of the speed limit
on Blind Rock Road. . .
Councilman Robertson- requested that Mr. Brandt speak to Fred Austin
on the speed limit on Blind Rock. . .
Ltr. on file. . .resignation of Richard C. VanDusen Jr. from the
Beautification Committee. . .
RESOLUTION OF APPRECIATION
E 0OLUTT N Nn X88, Introduced by Mr. Daniel Olson who moved for its
a o tion, seconded by Mr. Michel Brandt:
WHEREAS Mr. Richard VanDusen has been a member of the Queensbury
Beautification Committee for many years , and {
WHEREAS, Mr. VanDusen has devoted his time and expertise to the I
beautification of the Town of Queensbury, NOW, THEREFORE BE IT
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RESOLVED, that the Town Board of the Town of Queensbury wishes to
thank Mr. VanDusen for his devotion to the Town of Queensbury and j
his unselfish dedication to the beautification bf the Town of
Queensbury through his service on the Beautification Committee.
Duly adopted by the following vote:
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Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
REPORTS- Town Clerk, Supervisor's monthly statement, Dog Warden,
Police Dept. , Building & Zoning montly statement
Open Forum: 8: 38 P.M. no one spoke
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION AO. 289 Introduced by Mr. Michel Brandt who moved for its
a opt on, seconded- by Dr. Charles Eisenhart:
RESOLVED, that Audit of Bills as listed on Abstract No. 78-IOA and
numbered 1240 through 1375 and totaling $89,560.54 is hereby
approved with the exclusion of a portion of audit number 1340.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart , Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None I
Absent: None
RESOLUTION TO ADVERTISE FOR BIDS FOR THE SALE AND REMOVAL OF SCRAP METAL
RESOLUTION NO. 29JI, Introduced by Mr. Michel Brandt who moved for its
adoption, seconded by Mrs. Frances Walter:
WHEREAS, the Town of Queensbury has expressed a desire to go out for bids
for the sale and removal of Scrap metal from the Queensbury-Glens Falls
Landfill, NOW, THEREFORE BE IT
-- - ---- - - ----- —--- - r-,---
RESOLVED, that the Town Clerk-Director of Purchasing solicit sealed bids
for the sale and removal of scrap metal from the Queensbury-Glens Falls
Landfill and that the following notice be published in the official
newspaper of the Town:
NOTICE TO BIDDERS
The undersigned shall receive sealed bids for sale of the following item:
Q.G.F.L. 3-78 - SALE AND REMOVAL OF SCRAP METAL
Detailed specifications may be secured from the undersigned at the Town of
Queensbury Office Building, Town Clerk's Office, Bay and Haviland Roads,
Glens Falls, New York, disring regular business hours.
All bids must be submitted on proper bid proposal forms.-
Bids will be received at the Town of Queensbury Office Building, at the
Office of the Town Clerk up until Tuesday, October 24, 1978 at 5 :00 P.M.
Bids will be opened and read aloud at 7: 30 P.M. at the Regular Meeting
of the Queensbury Town Board held at the Queensbury Town Office Building,
Bay and Haviland Roads, Glens Falls , New York on October 24, 1978.
The right is reserved to reject any or all bids.
Donald A. Chase
Town Clerk-Director of
Purchasing
Town of Queensbury
i (518) 792-5832 Ext. 21 or 22
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Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Waiter, Mr. Robertson, Mr. Brandt
Noes: None
Absent: None
On motion the meeting was adjourned.
j Respectfully,
Donald A. Chase
Town Clerk
Town of Queensbury
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RESOLUTION TO AMEND ZONING ORDINANCE BY REZONING CERTAIN PREMISES AT
INTERSECTION OF RIDGE. ROAD AND ROUTE 149 FROM CLASSIFICATION OF R-3
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TO AC-1 CLASSIFICATION
RESOLUTI N NO, 278 Introduced by Mr. Michel Brandt who moved for its
adoption, seconded-by Dr. Charles Eisenhart:
WHEREAS, an application was received by the Town Board from Lawrence
P. Mancini and Donald J. Morrisey requesting the rezoning of certain
premises situate on the southeasterly corner of the intersection of
Ridge Road and Route 149 from the present classification of R-3 to a new
classification of C-1, said premises being identified more particularly
as follows :
Commencing at a point situate on the northerly
boundary f
y that parcel described on the Warren �
j County Tax Map dated October 22, 1969 as
8-52-2-1.3, said point being located five hun-
dred feet (5nO') in an easterly direction from
the northwesterly corner of those premises des-
cribed in said tax map as 8-52-2-1. 3; thence
easterly along said northerly boundary of said
parcel described in said tax map as 8-52-2-1. 3
to the northeasterly corner thereof; thence in
a generally southerly direction along the
easterly boundary of said parcel described an
j said tax map as 8-52-2-1. 3 to a point being
the southeasterly corner thereof; thence in a
generally westerly direction along the south-
erly boundary of that parcel described on said
tax map as 8-52-2-1. 3 to a point being the
1.42
southwesterly corner of said parcel; thence in
a generally northerly direction along the
westerly boundary of said parcel to a point on
said westerly boundary situate four hundred
feet (400' ) south of the northwesterly corner
of said parcel described on said tax map as
8-52-2-1. 3; thence in a generally easterly
direction along a line parallel to the northerly
boundary of said parcel a distance of five
hundred feet (500' ) to a point; thence in a
generally northerly direction along a line
parallel to the westerly boundary of said
parcel as described on said tax map as t
8-52-2-1. 3 a distance of four hundred feet
(400') to the point or place of beginning.
and
WHEREAS, said application was referred to the Queensbury Planning
Board and the Warren County Planning Board for the respective
recommendations of those Boards as required by law and
WHEREAS, the Queensbury Planning Board and the Warren County Planning
Board have each recommended that the application for rezoning from
a classification of R-3 to C-1 be granted with respect to the above-
described property and
WHEREAS, a public hearing was held ,before the Town Board of the Town
of Queensbury concerning the requested rezoning on October 10, 1978, and
WHEREAS, at said public hearing, all persons were heard concerning the
application for rezoning, whether in favor of or opposed to said applica-
tion and
WHEREAS, it appears that a rezoning of the aforesaid property from a
classification of R-3 to a classification of C-1 would take cognizance
of the actual most beneficial use of said property and would be in
furtherance of the general overall zoning scheme of the Town of Queens-
bury.
NOW, THEREFORE, BE ST
RESOLVED that the Town of Queensbury Zoning Ordinance be amended to
reflect a change in zoning of the above-described property from its
prior classification of R-3 to a new classification of C-1 and that
the zoning map of the Town of Queensbury be accordingly amended to
reflect aaid change in classification and be it further
RESOLVED that the Town Clerk be directed to take all necessary action
to render said zoning classification change effective in accordance with
all procedural requirements of Town Law Section 264 including, but not
limited to,publication and filing of an amended zoning map.
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Duly adopted by the following vote:
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Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
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Noes : None
Absent: None
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RESOLUTION TO AUTHORIZE TOWN SUPERVISOR TO PROVIDE WRITTEN NOTICE TO CLARENCE
H. ELMS RE INTENDED USE OF CERTAIN REAL PROPERTY AT JOINT LANDFILL
BESQUTTTON NO_ 63_ Introduced by Mr. Hammond Robertson who moved its
adoption, seconded by Dr. Charles Eisenhart:
WHEREAS , Clarence H. Elms has purported to be the owner of certain lands
contiguous to the existing; Glens Falls-Oueensbury Joint Landfill on Ridge
Road-.in the Town of Queensbury and
WHEREAS, certain preliminary negotiations have been held in the past bet-
ween the Town of Queensbury and Mr. Elms for the purpose of attempting
to arrive at an agreement whereby Mr. Eims would convey said property to
the Town of Queensbury in exchange for a fair and reasonable consideration
and
WHEREAS, Joseph R. Brennan, Counsel to the Town Board, has advised that it is
his opinion at this ,juncture from reviewing the land records of the Warren
County Clerk' s Office that the property described in a deed from Samuel
Somerville to Clarence H. Elms , by virture of which deed Mr. Elms has
claimed ownership of the aforesaid property sought by the Town of Queensbury,
is not in fact owned by Clarence H. Elms but is in fact owned by the Town
of Queensbury and that Mr. Elms has acquired no title interest in said
property by virtue of the aforesaid deed since an apparent error was made
in preparing the abstract of title relative to the transfer from Mr.
Comerville to Mr. Elms which purported to show a direct chain of title
to said propetty to Mr. Somerville which purported chain of title was in
error and
WHEREAS, it would appear on the basis of the opinion of Counsel that the
Town of nueensbury has ownership of the desired property and, therefore,
a right to use the same in connection with landfill operations and
WHEREAS, it appears that it would be appropriate to provide notice to
Mr. Elms of the intent of the Town of Queensbury to use said property for
landfill operations and of the Town's claim of ownership thereof.
NOW, THEREFORE, BE IT
RESOLVED that the Supervisor be authorized to
p provide written notice to
Mr. Elms , on the approval of the Town Counsel, of the Town' s claim of
ownership of said property and the Town' s intention to use the same in con-
nection with landfill operations.
Duly adopted by the following vote:
Ayes : Mr. Olson, Dr. Eisenhart, Mrs. Walter, Mr. Robertson, Mr. Brandt
Noes : None
Absent: None
TOWN BOARD MEETING OCTOBER 24, 1978
MEMBERS PRESENT:
Michel Brandt-Supervisor
Daniel Olson- Councilman
Dr. Charles Eisenhart-Councilman
Hammond Robertson-Councilman
Joseph Brennan-Town Counsel
MEMBERS ABSENT: Mrs. Frances Walter, Councilman
PRESS: Glens Falls Post ftar, W14SC
TOWN OFFICIALS: George Liapes , Steven Lynn, Thomas Flaherty, Mrs . Shenk
James Howe
GUESTS: Mr. Turnbull, Mr. Daire, M s. Hart_-
Meeting Opened 7: 30 Salute to the Ffag led by Councilman Robertson.
BID OPENING-DUCTILE IRON PIPE-NOTICE SHOWN
Supervisor Brandt- requested the opening of the bids. . .