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1976-06-08 REGULAR MEETING JUNE 3, 1976 MEMBERS PRESENT: Daniel Olson- Deputy Supervisor Robert Barber-Councilman Harold Robillard-Councilman Hammond Robertson-Councilman James Brennan-Town Counsel MEMBERS ABSENT: Michel Brandt-Supervisor PRESS : Lee Coleman, Tri County News , WBZA GUESTS : Residents of Luzerne Road Meeting Opened: Salute to the Flag led by Councilman Barber 7 : 30 P.M. Deputy Supervisor Olson- opened the meetipg noting; that Supervisor Brandt was not able to attend the nights meeting due to illness -Deputy Supervisor Olson- noted that Mr. Brandt had informed me that he had done research alon with the Town Bookkeeper and found that a new Van at the price of $3, 5300 was the best buy. "Following a check of many local dealers I found that the used market for such a vehicle is very scarce and very expensive in relation to the low bid" noted it was the idea of the Board to bid on a new Van,Mr. Brandt was opposed to this. . . Mr. Brandt told me tonight he would be in agreement for voting in favor if he was here, for the New Van. RESOLUTION AUTHORIZING PURCHASE OF I976 DOG WARDEN VAN ! = RESOLUTION NO. 140, Introduced ', by Mr. Daniel Olson who moved its adoption, secon e y :. r, o ert Barber: WHEREAS, James Davison the Town Dog Warden requested the Town Board to solicit bids for a 1976 Van, and WHEREAS, two bids were received and opened at a Town Board Meeting on May 25th, 1976 and WHEREAS, the bid of Whiteman Chevvolet in the amount of $3,530.00 was the lowest of the two bids and was as Der our specifications , Now, Therefore be it RESOLVED, the Town Board of the Town of Queensbury accept the bid of Whiteman Chevrolet in the amount of $3,500.00 as per the recommendation of the Dog Warden James Davison. Duly adopted by the following vote: Ayes : Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes : None Absent: Mr. Brandt Town Counsel Brennan-noted that in the best interests of the Town Be as to be certain of the legality of the proposed Sign Ordinance a Public Hearing should be held. . . noted that in speaking with the Town Clerk and George Liapes Building Inspector the legal ,k advertising the Sign Ordinance Public Hearing was legal in that it did state that copies of the Ordinance were available. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED SIGN ORDINANCE FOR THE TOWN OF QUEENSBURX RESOLUTION NO. 141, Introduced by Mr. Daniel Olson who moved its adoption, second,,:,l by Mr. Hammond Robertson : WHEREAS, the Planning Board of the Town of Oueensbury has urged the adoption of the Sign Ordinance regulating; existing and proposed out-door advertising signs and out-door signs of all types , consistent with the general policy of the Town of Queensbury to protect the property values , create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, and to preserve the scenic and natural beauty of designated areas and providing a more enjoyable and pleasing community, and WHEREAS, it is provided by Section 130 of the Town Law that the Tot•7n. Board may make ordinances, rules , and regulations regulating the promotion of the Public Welfare including the protection and preservation of property of the Town and of its' inhabitants and of the peace and good order, and the benefit and trade and other matters related thereto, and WHEREAS, Section 130 of the Town Law requires a Public Hearing upon all proposed ordinances upon due notice as provided for therein, now, there- fore be it RESOLVED, that a public hearing be held upon the following proposed sign ordinance to be held on the 22nd. day of June, 1976 at the Town Hall of the Town of Queensbury, Bay and Haviland Roads , Glens Falls , New York at 7 : 30 o'clock P.M. est, and that the Town Clerk give notice of this hearing by publication of a notice thereof in the official town newspapers , once at least ten days (10) prior to the date specified for such hearing, specifying the time when and the place where such hearing will be held, and in general describing the Proposed Ordinance to be enacted by the Town Board of the Town of Queensbury, briefly described as Sign Ordinance of the Town of Oueensbury, a copy of which is hereto annexed and made part hereof and designated as Schedule A. Duly adopted by the following vote: Ayes : Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes : None Absent: Mr. Brandt RESOLUTION TO APPOINT INSPECTORS OF ELECTION RESOLUTION N0, 142 . Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. HammondRobertson: WHEREAS, it is provided by Section #43 of the Election Law that the Town Boards shall each year appoint Inspector of Election who shall hold office for a term of one year from July 1st. of that year, and WHEREAS, Peter Merlow, Chairman of the Queensbury Republican Committee and William McCarthy, Chairman of the Quccnsbury Democratic Committee have submitted the _following list as their appointments, respectively, therefore be it RESOLVED, that the following named persons be and they hereby are appointed Inspectors of Election in the existing 17 Election Districts to hold office until July 1st. , 1971F to wit : REPUBLICAN DEMOCRATIC Dim lorence Bovee Dist. 1 Helen B. SuTT--,ran. Gladys LaFountain Gertrude M. Wood Dist. 2 Robert Dumas Dist. 2 . Helen R. McElroy Floyd Chambers Ann Lampkins Dist. 3 Mary Martindale Dist. 3 Elva S. McDermott Susan Mellon Mary E. Dougher Dist. 4 Neida D. Fischer Dist. 4 Marjorie A. Gazeley Elizabeth Ferris Dorothy G. Robinson Dist. 5 Norma Baertschi Dist. 5 Carol M. Nelson Adeline Scheidegger Janet H. Nelson Dist. 6 Teresa Pizzuto Dist. 6 Mary E. Davidson Marilyn Gates Lucille F. Turner Dist. 7 Ethel Fowler Dist. 7 Dorothy B. Barker Deborah Turner Betty S. Lynch Dist. 8 Ruth Coclanis Dist. 8 Diane Hunt Grace Hillis Ruth Funicelli Dist. 9 MOIL(OM f t-WtELL. Dist. 9 F. Warren Grinrod Barbara Varney Roslyn L. Robinson Dist. 10 Yvonne Allen Dist. 10 Martha J. Searleman Bet-h Willson Elona M. Gebo Dist. 11 Claire Blanchard Dist. 11 Florence G. Durkee ' PROPOSED SIGN ORDINANCE r TOWN OF _QUEENSBURY WARREN COUNTY, NEW YORK Y � June, `1976 R r 2• PROPOSED SIGN ORDINANCE _ry TABLE OF °CONTENTS --� page Title Page 1 Table of Contents ---------- �------------------ 2 Purpose and Intent --------------------------------------- - 3 Definitions --------------------------------------------- ------ 4,50696A Signs Allowed Without Permit-Requirements ---------------------- 798 Temporary Signs ----------------------------------------------- 9 General Re lations gu -------------------------------------------- 10,11911A Signs for which Permits Shall be Required --------------------- 120131,14 Nonconforming Signs ------------------------------------------ 15 Permits ------------------------------------------------------ 160 16A, 17 Construction abd Maintenance -------- --------------------- 18 Penalties ---------------------------------------------------- 19920 Validity -------------------------------------------- .----- 21 Effective Date---------------------- ---------------------- 22 Variances ----------------------------------------------------- 23 MIF . - .",.�_r��r5 3. V PURPOSE AND INTENT The' purpose `of this ;ordinance is to promote and protect the public health, welfare and safety by regulating existing and proposed advertising, outdoor advertising signs and signs of - all types. It `is .intended to provide for maximum visibility, to prevent unreasonable distraction of operators of motor Vehicles' ,,t to prevent confusion wi h regard to traffic lights, signs or signals, to' promote maximum safety, comfort and well being of the users of the highways, to protect property values, to create amore attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide a more enjoyable and pleasing community. DEFINITIONS 4� 10 Advert sine Panels A sign relatin to a erti gn g product, service, activity, business, or establishment that is not on the premises on which the sign_ is located or a free standing sign larger than 150 square feet commonly called a billboard. 2. Building Inspector The Building Inspector of the Town of Queensbury `or his duly authorized assistant (s). 3. Collector Street A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.- 4. Double-Faced Sign A sign designed to be viewed from two (2) directions and which at no paint is thicker than twenty-four (24) inches measured from the exterior surface of each face and the two(2) faces of the f j sign are either parallel or the angle between them is thirty (30) degrees or less. 5. Erect - To build, construct, alter, display, relocate, attach, hang, place suspend, affix any sign and shall also include the painting of signs on exterior walls. 6. Flashing Sian - An illuminated sign in which the artificial lighting is not maintained in a stationary or constant intensity, 70 Free-Standing_ Sien - A sign not attached to any building, - permanently affixed by any means, in or upon the ground. 8. Front or Face The outer surface of a building which` is visible from any private or public street or highway. 9 Illuminated Sign - Any sign illuminated by electricity, gas or any other L ' ' artificial lighting. . 10. Lighting Device - Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.` .�^ .e� zan rmr r� — _ —� w` DEFINITIONS 11. Maior Street- A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas: 12. Naga—u_ee or Canopy - These shall be considered roof structures. 13. Minor Street - A street intended to serve primarily as an access to abutting properties. 14. Pew - Any person, firm, partnership, association, corporation, company, institution or organization of any kind, 15. Portable Sin A sign that is designed to be movable and is not structurally attached to the ground, a building, a structure or any other sign: 16. Projecting Sian A sign which is attached to the building wall and which extends more than fifteen (15) inches from the face of such wall, and a sign which is perpendicular- to the face of such wall. 17. Proms Line a. Front Property Line The line separating the property from the boundary of the highway or right-of-way upon which the property abuts. b. Front Property Line of Corner Lot - The line facing the wider of the two streets abutting the lot. Unless they are equal, in which event the front property line may be established on either street. c. Rear Property Line The property line opposite the most distant from the front property line. d Side Property Lim - Any property` line other than a front or rear property line. 18. Roof Sign.*- A sign erected upon a roof or parapet of a building or structure. r 6. 190 Shopping Center - Three (3) or more businesses conducted on the same zone lot. 20. Sign `A sign is a name, identification, `description, display, announce-' ment, declaration, device, demonstration, or illustration which is affixed to or painted, or represented directly or indirectly upon a building, structure, or parcel of property and which directs attention ; to an object, product, place, person, activity# iustitution,_ organization i or business, 21 Sign Structure- The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two (2) or more sides where the angle formed between any of the sides or the projections thereof exceeds thirty (30) degrees, each side shall' be considered ' a separate sign structure. Sign Surface or Area - The entire area within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display. The structure supporting a sign shall not be included unless the structure is designed in a way to form an integral background for the display. Only one face of a double-faced sign shall be im luded as surface or' area of such assign. 23. Standard Outdoor Advertising, Eanels - An advertising Panel structure approximately 25' horizontally and 12' vertically used for the posting or painting of advertising or public service copy. 24. St_ rest - A public way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard,` highway, road and any other thoroughfare except an alley. 25. 'Wahl S - A Sign which is attached to the wall of a building with , the face in_a plane parallel to such wall, and not extending more than , ' ' fifteen (15) inches from the` faof'`such wall. 26. Window Sign, - A sign maintained in or painted upon a window or which is inside a structure not in or on a window but visible from a parking lot or roadway. 27 Zone The Zones created by the Town of Queensbury, .. , ,,,. .,, ._,.,..gym,*. .ear.-.� -rcfFr,,.,,R.+*�*+,.,�--.,.+r.R«•f,-rc'u.....,-.,--;�n� --r+-n ¢;-r.r.-+ ai,"t --t-• �-^? r-r'-+q',:r`ffi'-r. , '"T . SIGNS ALLOWED WITHOUT PERMIT REQUIREMENTS he following signs are premitted without' a permit, providing such signs comply with the General Regulations of this Ordinance: 1. ' Signs posted by governmental agencies or, required by governmental law order or regulation. 2. Signs incidental to the legal process. . , 3. Historical tablets, memorial plaques or emblems installed by Governmental' agencies, ;' religious or recognized non profit organizations, not to exceed six square feet. 4. Transportation signs, including bus stops, etc., not to exceed 2 square feet. S. Flags or emblems of religious, educational govermental organizations ' or individuals shall be permitted and shall be flown from supports of the buildings or grounds be ing occupied by the organization or individual. .. 6. Signs,necessary for the identification, operation or production of public utility. 7. On-premises directional signs for the convenience of the general''public, identifying public parking areas, loading zones, entrances and exits ` and similar signs, internally illuminated or non illuminating, not to exceed 4 square feet per face. Business names or personal names shall be allowed not to include advertising messages. A 6 ft. maximum height shall be allowed. 8. Warning, Private drive, posting or no trespassing signs, not to exceed 2 sq. ft. in surface area. Signs which are an integral part and advertise only the contents of vending machines, such as gasoline pumps and milk machines, not to exceed 2. sq, ft. A• 10. On-premises signs which are not visible from any public street or adjoining and abutting properties. TLS. Signs advertising the sale, lease or rental of the premises upon which the sign is located, to be non illuminating. a. R zones - one sign per owner and one sign per broker, each sign not to exceed 6 sq, ft. b. C or M zones - one sign, not to exceed 50 sq. ft. Setbacks from all property lines shall be a minimum of 15 ,ft. Signs shall be removed by 3 days after the sale, lease or rental of the premises. 12. Project signs, non illuminating, denoting the developer, architect, engineer, sub contractors or contractor on the premises where construction repair, or renovations is in progress. Each project shall be permitted "- 1 sign ot to exceed 50 s ft. surface area to be removed upon gn q � completion of project but not to be in place longer than 2 years. Setbacks from all prroperty lines shall be a minimum of 15ft. 13. one (1)doublefaced `free standing sign and one single faced attached sign for professional offices (physician, dentist, architect, ` engineer, surveyor or lawyer) and permitted home occupations, not to exceed` 2 sq* ft. surface area per face, stating name and vocation only. 14. Name and number plates, identifying ' residents, mounted on house, apartment or mail box, not to exceed '1 sq. ft. 15. Lawn signs identifying residents, not to exceed' 1 sq ft. surface area, or 2 sq. ft, if doublefaced. Signs are to be non illuminated except by a light which is an integral part of a' lamp post if used as- a support, with no advertising message thereon. 16. Private-Owner merchandise sale signs for garage sales and 'auctions, not to exceed 4 sq. ft. for a period not to exceed 7 days._ 9. TEMPORARY SIGNS All signs of a temporary nature, such as political posters, banners, promotional devices and other signs of a similar nature may be granted a temporary permit for a period not to exceed 30 days, provided that such signs are not attached to fences, trees, utility poles, rocks or other such parts of a natural landscape, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. A fee of $25.00 shall be paid upon ,the issuance of • permit for such sign or group of identical signs, and a cash deposit for • like amount shall be deposited with the building inspector to insure I moval of such sign or signs, at the expiration of the permit. If the number of signs exceed ten (10), the cash deposit shall be $100.00. The building inspector, after 7 days written notice to the permit holder to renove such sign or signs, and after the failure of the permit holder to do so, shall cause said sign or signs to be removed, and the cash deposit shall be forfeited to help defray the cost of removal. The above fee shall not apply to non profit or charitable organizations; the above deposit shall apply' to non-profit or charitable organizations. '.i 10. GENERAL REGULATIONS' E e following'regulations shall apply to all signs; Any advertising sign that is located on a property where the goods or services mentioned on the sign are not available are not permitted, except Billboards. 2, Illumination; All illuminated 'signs shall employ only iights emitting a light of constant intensity and no sign shall be illuminated .by or contain flashing, intermittent sequences or moving lights. No bare lamps or bulbs over 40 watts on' a string shall be allowed. ,The provision of this section shall not be applied so as to prohibit a sign changing.-to show time or temperature. No sign shall use reflective material which sparks or glitters. t, Hazard or Nuisance; No sign or illumination therefrom shall b6- so:placed as to be' a rd to' traff , „ or the public generally, or a nuisance or annoyance to the residenisikor`Occupants of any other building or premises. Nor shall any sign project into any public right-of-way. 4. Signs usftg red, yellow or green Z�ghts shall not be placed within 100ft. 4 of -traffic control signals* 5. Signs' or advertising matter of an indecent or obscene nature shall be prohibited. 6. No misleading advertising shall be 'allowed. 7. Signs using wording such as stop, look, danger,or words of a similar nature, which may tend o 9confuse, .mislead or resemble any governmental or duly authorized sign,. ha11 be prohibited. t No projecting . sign, shall be erected or 'maintained from the face of a building a distance of more than 4 ft. 9. Any advertisement ;which uses a series of 2 or more signs placed along a ,'. r--•-x•-^— ., . ^°,-,i tn - M^;;�;” :- `".x'-r..F' I'"t °+,s+i- °r° r,":; , M"?77 —4�s?.--, 11♦ �$ L street or highway, carrying a single advertising message, part of which is contained on each sign, shall be prohibited. io. All sighi and parts thereof'shall be 'stationary' and shall not be allowed to simulate movement. Flags, banners, pinwheels, posters, balloons, streamers, searchlights or other similar fluttering, moving, or revolving devices for the purpose of advertising or attracting attention shall be prohibited, except as may be permitted under Temporary Signs. 11. No permanent sign ' erected or maintained in the window of a building and visible from any public or private street or highway shall occupy more than 2A of the area of said window. 12. Only l sign designating credit cards acceptable at any one premise may be displayed. Said sign shall be no more than 6 sq. fte in area. Said x sign area shall not be computed as part of allowable free-standing sign footage* 13. Vehicles parked on' the street or , in locations on private property which have attached thereto or suspended therefrom any advertsing sign shall not be allowed. This section shall not apply to permanent business identification on vehicles, 14. Signs which project above any roof ridge line or parapet line shall not be permitted. Signs which change the profile of the -building shall not be permitted. 15. 1he text on each sign shall be limi'ted' to ihe .following: ` a, ,'' The name or assumed name of the owner of the property on which it is located. ` be Principal business or businesses conducted on the property. C4 Brief indication of the Froducts or services available. a (No) Vacancy. llA. 16. A wall sign shall not project more than 15 inches from the face of the j building wall nor extend beyond the outer edge of the wall to which it is Y attached• 17. Advertising Panels shall meet the following requirements: a. No new advertising Panels shall be constructed. b, All Advertising Panels shall be Standard "Outdoor Advertising Panels except that those now located between 660" and 1500' from and"visable from the Northway ROW may remain the existing size. c. Standard .Outdoor Advertising Panels may be continued and maintained in any C & M zone, but may not be double decked, over 25' in height, and shall employ only 'lights emitting a light of 'constant intensity. low SIGNS FOR WHICH PERMITS SHALL BE REQUIRED 12. $ General No sign or other device for advertising purpose shall be erected ` established,' constructed, reconstructed, enlarged, extended, moved or ,...,±structurally altered after the effective date of this ,Ordinance without application for. and issuance of a permit,' except as provided for by this Ordinance. , Setback, Size. Placement and Number. Height and Off-Premises Directional Sign Limitations of Permitted 'Signs - A. Setback:` 1. Free Standing Signs The' setbaek for free standing signs shall be a minimum distance of 15 ft. from any property line. B. . Size 1. Free standing signs The surface area of 1 side shall not exceed 50 sq, ft. at 15 ft setback, orb, 64 sq.., ft. at 25 ft. setback. 2'0 Signs attached to buildings (, wall signs ) ' - The surface area of signs attached to any building shall not exceed 25% of the area of the wall to which such sign is attached. A minimum area of 30 ,sq. "ft. shall be allowed in any case. Size of wall signs will be further regulated by the distance of the building from the front property line. Buildingi which are located within 100 linear ft. from the front property line are permitted to have a wall sign of up to' 100 sq. ft. Buildings with more than 100 ft'. set back from the front property line will be permitted an additional 10 sq ft.` of sign surface for each 10 additional ft. of set back to a maximum sign size of 300 sq. ft. A Shopping Center with a group of stores or sales or service buildings shall not be eligible for this pesmit ` 13 C. Placement and Number ' 10 Free standing signs shall be allowed in C and M zones only, except as provided for in this Ordinance. 2. Signs attached to buildings shall be allowed in C. and M zones only, except as provided for in this Ordinance. 3. A business located on a parcel of property shall be granted a permit fox 2 signs: l free standing, 'double-faced sign and 1 sign attached to -a building (wall `sign), or 2 signs attached to a building. A building on. a street corner lot or contigous to ''2 streets shall be allowed 2 building signs and one free standing sign. Where a' building is situated on a corner lot one wall sign will be 'allowed on each side of the building facing a public street. Only one free `standing sign € will be permitted in these circumstances. . 4. Shopping Center - 1 free standing sign, denoting the name of the shoppin center shall be permitted for each entrance fronting a different street or highway. Each occupant of the shopping center shall be permitted 1 wall sign on the portion of their exterior wall. Wall signs for each occupant of a shopping center shall be coordinated as to material, shape, lettering, color and/or decorative elements. 5. Hotels, motels, golf clubs, ski areas, boat storage, amusement centers and other substantial facilities in all zones shall be permitted 2 signs of 50 sq. ft. maximum each. 6. Roadside stands in all zones shall be permitted 2 signs: 1 for identification and 1 for current products for sale; each sign not to exceed 32 sq. ft, 7. Apartment complexes in all zones shall be permitted 1 sign for each 14. 2r P- entrance on a different street of highway. Each sign not to exceed 50 sq. ft. Apartment complexes shall also be permitted 1 sign, to include changeable text, not to exceed 6 sq. ft. D. Height: 1. No free standing sign shall exceed a height greater than the following: a. R zones 12 ft. b. C and M zones 25 ft. The height of such signs shall be measured from grade level or entry level of the building or structure, whichever is lower, and shall include supporting structures. E. Off-Premises Directional Sign: 1. Signs for the convenience of the general public and for the purpose of directing persons to business, activity, service or community facility may be erected in any district, providing such sign does not exceed 10 sq* ft, area per establishment, not to exceed 100 sq, ft. per any one zone lot. 2. Text shall be limited to name or identification; arrow or direction; distance. Advertising messages shall be prohibited. 3. Permits for such signs shall be subject to the approval of the Town Planning Board. 4. Such signs shall be limited to major and collector streets. 15. NON-CONFORMING SIGNS A non-conforming sign is a sign which is in conflict with the provisions of this Ordinance. Such sign or signs in existence at the effective date of this Ordinance shall be brought into conformity in all respects with the provisions of this Ordinance, or shall be removed within 10 years of said effective date. 16 Ir R . PEA A. Application for Permit - Application for the permit shall be made in writing in duplicate upon forms prescribed and provided by the Building Inspector, to the Building Inspector, and shall contain he P � n t following information: 1. Name, address, and telephone number of applicant and owner of premises. 2. Location of building, structure of land to which or upon which sign is to be erected. 3. A detailed drawing or plan, to scale, showing the area (size) and the lettering and/or pictorial matter composing the sign: a description of the construction details of the sign; method of illumination, if any; the location of the sign on any building, structure or land, and it's position in relation to nearby buildings, structures lot boundaries and any private or public streets or highways; and any- other information deemed necessary by the Building Insplector. 4. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event the applicant is not the owner thereof. 5. A change of copy requires a permit, except in the case of any changeable copy sign B. Fees - A fee shall be paid to the Building Inspector for each sign permit issued as set forth in the following schedule: Fee schedule (see 1 & 2 below) . Where work for which a permit is required by this ordinance is started or proceeded with prior to obtaining a permit therefore, the fees specified in the fee schedule shall be doubled btit the payment of such double fees shall not relieve any persons from fully complying with the requirements of this ordinance in the execution of 'the work nor from the penalties prescribed in this ordinance. 16A. 1. Temporary signor group of identical signs - $25.00 fee and $25.00 ? deposit. $100.00 deposit for 10 signs or more. 2. All others $10.00 fee. P AIT• 17. C. Issuance of Permit - It shall be the duty of the Building Inspector, 1pon the filing of an application for a permit to erect a sign to examine --much plans, specifications and other data submitted to him with the applications, and if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this ordinance and other laws and ordinances of the Town of Queensbury and that the necessary fee has been paid, the Building Inspector shall within 7 days, issue a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed once, within 30 days from the expiration thereof, for good cause shown for an additional 6 months, upon payment of an additional -.�,ee of $5.00• 'Ig U . 18. CONSTRUCTION AND MAINTENANCE L'l signs in the Town shall meet the following requirements: 1. All signs installed in the Town shall have attached to them a name plate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined in the Ordinance. 2. Internally Illuminated Signs-Such signs shall be constructed in conformance with the "Standards for Electric Signs (U.L. 48) of Underwriters Laboratories, Inc." and bear the label of the Under- writers Laboratories, Inc. 3. Wind Pressure Requirements -All free standing signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area. 4. General Maintenance - The Building Inspector shall require proper maintenance of all signs and shall inspect every sign within 30 days after it is erected. All signs, together with all of their supports, braces, guys and anchors shall be kept in repair, in safe condition and in a proper state of preservation. 5. All Illuminated signs shall be inspected and certified by the New York Board of Fire Underwriters, if it does not convey the U.L. label. �g V• 19. PENALTIES f, Penalty for Failure to Apply for Sin Permit - Any person who proceeds to erect, reerect, construct of structurally alter any sign, without first applying for and obtaining the necessary permit, shall be considered in violation of this ordinance and shall be liable for a fine of not less than $5.00 or 'more, than $100.00 for each offense. Each day that the violation is permitted to exist shall constitute a separate offense. 2. Penalty for Failure^to Comply with Ordincnce - In case of a violation of this ordinance, the Town and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate proceedings to prevent unlawful erection, construction, reconstruction, or alteration of any sign. _ Penalty for Failure to Maintain - The Building Inspector may order the removal of any sign that is not maintained in accordance with thfs Ordinance. 4. Removal of Certain Signs - Any sign now or hereafter existing which no longer advertises a bonafide business conducted, or product sold, shall be taken down and removed by the owner, agent or person having beneficial use of such building, structure or lot upon which such sign is located , within a period of thirty (30) days after written notification from the Building Inspector, after which period the Building Inspector is hereby authorized to cause removal of such sign, and any expenses incidental thereto shall be chargable to the owner of the building, structure or lot upon which the sign is located. AT- Unsafe and Unlawful Signs If the Building Inspector shall find that any sign or other advertising structure regulated herein is unsafe, insecure, or is a menace to the public, or has been constructed or errected or is being maintained in violation of the provisions of this or any other 20e ordinance, law or statute, he shall give written notice to the owner of the sign and/or property thereof. If the owner fails to alter the structure so as to comply with such ordinances, law or statute, and/or ove such'sign or structure, whichever is applicable, within thirty (30) days after such notice, the Building Inspector shall be authorized to cause removal of such sign and any expenses incidental thereto shall be chargable to the owner of such sign and/or premises upon which the sign is I I ocated. The Building Inspector may cause any sign or structure of a sign which is in immediate peril to persons or property to be removed summarily and without notice with the expenses charged to the owner. I 21. i VALIDITY If any section, subsection, sentence, clause, phrase or other portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. CONFLICT WITH OTHER ORDINANCES All ordinances or parts thereof of the Town of Queensbury inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such in- -` consistency and in all other respects this ordinance shall be in addition to the other ordinances regulating and governing the subject matter covered by this ordinance. ENFORCEMENT 22, Z1. This ordinance shall be enforced by the Zoning Inspector or his duly authorized assistant, who shall be appointed by the Town Board, f No permits for signs shall be issued by him, except where all of the provisions of this ordinance have been complied with. It shall be the duty of the Zoning Inspector to issue a sign permit, provided he is satisfied that the sign conforms in all respects with the requirements of this ordinance, and that all other reviews and actions, if any, called for in this ordinance have been complied with and all necessary approvals secured therefor. When the Zoning Inspector is not satisfied that the applicant's proposed sign will meet the requirements of this ordinance, he shall refuse to issue a sign permit, and the applicant may appeal to the Board of Appeals for a reversal of the Building Inspector' s decision. The Building Inspector shall further have the power to revoke permits issued if it shall appear at any time that the application or accompanying material is in any respect false or misleading or that the work being done is differing materially from what is called for on the application filed by him. APPEALS An appeal to the Board of Appeals from a ruling of the administrative officer administering any portion of this ordinance may be taken by a person aggrieved by filing with the Zoning Inspector from whose action the appeal is taken, and witty the Board of Appeals by filing with the Secretary thereof a notice of appeal, specifying the grounds therefor. in the form set forth herin. All such appeals shall be in writing and shall refer to the specific provision of the ordinance setting forth exactly the interpretation that is claimed and such other information as shall be deemed appropriate and proper by the Zoning Board of Appeals. 23. An appeal shall stay all proceedings and furtherance of the action appealed from, unless the Building Inspector certifies for the Board of Appeals after notice of such appeal shall have been filed, that by reason of the fact stated in the certificate, a stay, would in his opinion, cause eminent peril to life or property in which case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board of Appeals or by the Supreme Court on application on notice to the Zoning Inspector and on due cause show. All decisions from the Board of Appeals are subject to Court review in accordance with the applicable laws of the State of New York.. The Board of Appeals shall decide each appeal within sixty days of filing thereof. After hearing the appeal the decision of the Board of Appeals shall be immediately filed in its office and shall become a public record. The Board of Appeals may in conformity with the provisions cE this ordinance, reverse, affirm,;, wholly or partly, or modify the order, requirement, decision or determination appealed from or make any such order, requirement, decision or determination as may be necessary in accordance with the provisions hereof. Unless otherwise specified by the Board of Appeals, a decision on any appeal or request for a variance shall expire in the event the applicant fails to obtain any necessary permit or comply with the conditions of said authorized permit within six (6) months from the date of authorization thereof. The Board of Appeals shall fix such a reasonable time for the hearing of an appeal or other matter referred to it and give the public notice thereof by the publication of the same in the official 24. 8ctq. paper of the notice of the meeting at least five (5) days prior to the date thereof, and at least five (5) days before such hearing, mail notice thereof to the following officials, persons and owners of properties involved and in accordance with the requirements of Section 267, Article 169 Chapter 62 of the Consolidated Laws of the State of New York. a. When appealing the action of the Building Inspector: The Building Inspector, the appellant and the person or persons, if any, who would benefit from the order requirement regulation or determination. b. In the case of a variance, all owners of property within 500 feet of the nearest line of the property for which the variance or dher special relief is sought and to such other property owners as the Chariman of the Board of Appeals may direct. 25. VARIANCES The Board of Appeals may vary ,or alter or adapt the strict application of any of the requirements of this ordinance in the case of exceptional physical conditions, whereby such strict application would result in substantial difficulty or unnecessary hardship that would deprive the owner of a sign or the reasonable use of the same. No variance in the strict application of the provisions of this ordinance shall be granted by the Board of Appeals unless it finds that there are special circumstances or conditions applying to the land or a sign and not applying generally to land or signs in the neighborhood and the said circumstances or conditions are such that the strict applications of the provisions of this ordinance would deprive the applicant of the reasonable use of such sign or land, where the variance would otherwise be in general harmony with restrictions established for the area, where it shall find that the request made is the minimum variance that will accomplish the necessary objectives intended and that the granting of the variance will be in general harmony with the general purpose and intent of this Ordinance and with the master plan of the Town of Queensbury and will not be otherwise injurious to the neighborhood or detrimental to the public welfare. 26. EFFECTIVE DATE This Ordinance shall take effect 10 days after y publication in the official newspaper of the Town of Queensbury. INTERPRETATION The Board of Appeals shall, upon appeal from a decision by an Administrative official, decide any question involving the interpretation of any provision of this ordinance, including a determination as to the exact location of any district boundary if there is any uncertainty with respect thereto, The Sign Ordinance of the Town of Queensbury duly adopted by the Town Board of the Town and which became effective August of 1967, together with any amendments thereto is hereby repealed, this repeal to become effective at the same time that this ordinance becomes effective. 1 Milita Patch Janes C . Gasper Dist. 12 Jeraldine South Dist. 12 Marie G. Austin "Tar?ar tililes Julie A. Donnellv Dist. 13 Lillian Crannell Dist. 13 Beatrice Chadwicl- Joyce Jones Barbara J. Howk Dist. 14 Louise Baltazar Dist. 14 Blanche B. DuBois Dorothy Holzhauer Elizabeth J. ?Tunt Dist. 15 Cecelia Lamphear Dist. 15 TTarcia Aubin Elizabeth Schearer Beatrice L. Hunt Dist. 16 Joanna McGuire Dist. 16 Dorothv A. Baird "Marjorie TTudson Caroline L. Usher Dist. 17 Dorothy Derry Dist. 17 Julliette Ellingsworth Isabel Barker Lucille A. "Tunoz RESOLVED, that the compensation of each inspector be and hereby is fixed at $25 . 00 per day for each registration and primary day ancl. SIh. 00 for election day. Duly adopted by the following vote: Ayes : Mr. Barber, "Tr. T obillard, Mr. Robertson, TTr- Olson 'Toes : None Absent : "fr. Brandt RFSOLUTTO"T TO DF=rNIATr POLLI^?^ PLACES TNT TTTr TOTJ117 nr OTTrT?TTSISIJR" RESOLUTION NO. 143 Introduced by Mr. Harold Robillard who moved its ..� adoption, seconded by Mr. Fammond Robertson : ?^IITEREAS , Article 4 Section 66 of the Election Law provides that this hoar(! shall designate the Polling Places where registration of voters and the election shall be held during the year following, Now, Therefore be it RESOLVED, that the following locations be and they thereby are designated as as the respective polling places in the Districts as enumerated.. District Location 1. South Oueensbur- Fire 1To,ise 2 . Oneida Grange Ilall 3. Bav Ridge Fire Pouse 4. .North Oueensbury Fire House 9 . 7arren County Municipal Center 6 • Oueensbury Junior TTigl-I School ("fiddle School First Door) 7. Oueensbury Town Office Building °• Oueensbury Central Fire House • Oueensbury Senior Hi7h School lO. Aviation Road Fire Douse 11 , Oueensbury "fiddle School 12. Kensington- Road School (T-Test Entrance) 13 . TJest Glens Falls Community Chapel 14. ?lest Glens Falls Firehouse (West En(l . ) ' 15 . TJest Glens Falls Firehouse (Fast End.) 16. Oueensbury later Department Maintenance Bldg. 17. Oueensbury Town Office Building RESOLVED, that pursuant to said Law a private building , namely the Oneida Grange Fall is so designated as the Polling Place for a district, namely District -'12 in which a public building is situated namely the Oueensbury Town Hall for the reason that said Public Building is used as the Pollinn Place for another election district, namely Elect on Districts 47 and A17 and be it further RESOLVED, that the rental for such Polling; Places be and the same hereby is fixed at the sum of $40. 00 per annum. r Duly adopted by the following vote: Ayes : Mr. Barber, Mr. Robillard, "fr. Robertson, Mr. Olson Noes : None Absent: Mr. Brandt RESOLUTION TO DELETE POOL RATES FROM THE WEST GLENS FALLS WATER DISTRICT RESOLUTION NO. 144, Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS there was an increase in water rates for the West Glens Falls Water District approved by the Town Board at the meeting of March 23rd. 1976 by Resolution dumber 90, and WHEREAS the rates called for a charge of $6. 00 for a hose and $5 .00 for a pool and these two charges appear to be duplicated, Now, Therefore be it RESOLVED, that, the $5. 00 charge for pools in the West Glens Falls Water District be eliminated from the list of rates as established by Resolution 90 of March 23rd. 1976 and that this change be retroactive to May the 1st. 1976 . Duly adopted by the following vote: Ayes : Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes : None Absent: Mr. Brandt Notice of Membership Town Clerk Town of Queensbury Bay and Haviland Roads Glens Falls , N. Y. 12801 RE: Notice of Transfer of membership and election of membership of non-resident member of Bay Ridge Volunteer Fire Co. , Inc. Dear Sir: Please be advised that Bay Ridge Volunteer Fire Co. , Inc. at its regular monthly meeting held June 7, 1976, pursuant to the by-laws of said corporation, voted to elect to membership, Stephen Collyer. Said individual is not a resident of the territory defined by the State of New York as our fire district, however, by reason of his residence in the Town of Kingsbury or his usual occupation he will be available to render service as a volunteer fireman in the area defined as our fire district and the area outside of same which we by contract protect. Said individual will reside outside of this district until September, 1976, after that time he will reside within our district at Sicard' s on Glen Lake. The corporation in doing the above has not created a percentage of non-resident members in the fire corporation which would exceed 30 percentum of the actual membership thereof. We ask that you by town board resolution approve of the above in order that Stephen Collyer may be covered under Compensation in his attendance at firematic activities with the Bay Ridge Volunteer Fire Co. , Inc. Please note your approval on the enclosed copy of this notice along with the number of your resolution and return same to us for the corporation records. BAY RIDGE VOLUNTEER FIRE CO. , INC. i BY: /s/ Susan M. France Recording Secretary RESOLUTION RECOGNIZING MEMBERSHIP OF NON-RESIDENT MEMBER IN BAY RIDGE VOLUNTEER FIRE COMPANY RESOLUTION NO. 145, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mr. Hammond Robertson: RESOLVED, that the Town Board of the Town of Queensbury approves continuation as a member of the Bay Ridge Fire Company Stephen Collyer even though said member is not a resident of the territory defined within the corporation charter of the company. r Duly adopted by the following vote: Ayes : Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes: Done Absent: Mr. Brandt RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE GENERAL FUND POLICE ACCOUNT RESOLUTION NO. 146, Introduced by Mr. Harold Robillard who moved its adoption, seconded by Mr. Hammond Robertson: WHEREAS, the clothing allowance mandated by the 1976 P. B.A. contract was unanticipated in the 1976 budget and, -� WHEREAS, full expenditure of such allowance would create a deficit in account code A3120.4, therefore be it, RESOLVED, to transfer $2750. 00 from A3120. 1 to A3120.4. Duly adopted by the following vote: Ayes : Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes : None Absent: Mr. Barber Councilman Barber- requested that the application of Paul W. Sperry to have a temporary permit for a Mobile Home on 33 Sweet Road from July to September again be reviewed. . .noted that there is a hardship in the family due to the son being injured. . . Councilman Robillard- agreeded that there was a hardship. . . Councilman Robertson- based on the facts presented this week it is an entirely different matter, hoped that the applicant would look to the future for a solution. . . �! RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME FESOLUTION NO. 147. Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, Paul W. Sperry of 33 Sweet Road has made application in accordance with paragraph 2 (a) Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOtiJ1N OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated on 33 Sweet Road, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Paul W. Sperry of 33 Sweet Road to locate a mobile come outside of a licensed mobile home court for a period of three months at property situated at 33 Sweet Road, Town of Queensbury, 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 : Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes : None ' Absent: Mr. Brandt MOBILE HOME APPLICATION Marion Springer Pincheon- of Hattman Hill to transfer title in regard to the Queensbury Mobile Home Ordinance- on Central Avenue- tabled from last meeting- Town Counsel-Mr. Brennan- noted that there was still an apparent discrepancy in the application-the statement in regard to the Town of Queensbury giving permission in 1972 to exchange ar1956 model for a 1970- �7 the Town can find no record of this exchange. . .wish to again talk with the applicant in regard to this matter. . . Councilman Olson- noted that the applicant was not present. . . Councilman Robertson- Asked that the Application be Tabled for further information. . . Councilman Olson- The application is tabled. . . Ltr. Assessments i Queensbury Town Board RD1 Bay Road Glens Falls, New York 12801 _ Gentlemen: As it is required by the State of New York to attend a Training Session set up by the State Board of Equalization and Assessment to be a certified assessor, I request authorization to attend the session scheduled for August 2 - August 5, at Utica, New York and to have all the expenses paid for by the Town of Queensbury. Respectfully yours, /s/ Gerald Sawn Acting Assessor Town of Queensbury Councilman Olson- Table action until the next meeting when Mr. Brandt will be present. . . John E. Sinnott Chestnut Ridge Road Glens Falls, New York Mike Brandt, Town Supervisor 6 June 1976 Bay Road Glens Falls, N.Y. Dear Mr. Brandt, and Members of the Town Board, It is with deep regret, after twelve years, that I have to resign from the Town Planning Board, My-personal oblations have been so demanding I can no longer devote my time to the board. The past twelve years have been most gratifying and, the men and women I have served on the board with, have been the finest one could ask to be associated with. Also, their untiring efforts have helped to make the Town a great place to live. My sincere best wishes to the Town Board, and, Planning Board, and thank you for allowing me to be a part of this great Town Government. Sincerely, /s/ John E. Sinnott Councilman Robertson-Thanked Mr. Sinnott, who was a long time member of The board and has contributed much to the Planning Board. . . ltr. Nathan Proller 24 Elm Street Glens Falls,N.Y. 12801 June 7, 1976 Queensbury Town Board Queensbury Town Hall Glens Falls,N.Y. 12801 Gentlemen: In as much as the matter of a light at the intersection of Quaker & Bay roads has recently been discussed by the town board, I am enclosing copies of my letters one of Jan 7, 1976 to Fred Austin County Highway Supt. d; and the other dated May 18th to Raymond Schuler N.Y. S. Trans- portation Commissioner which also refers to a light at the intersection of 149 and Bay Roads. As I understand it Bay Rd. is a county Rd. and in view of the heavy traffic, of which only a small percentage is from the town of Queensbury, I can understand that it seems unfair that the town should have to pay for the type of light this intersection needs. Lead lights are badly needed at both Bay & Ridge intersections with Quaker Rd. for both the aafety and convenience of the travelling; public. Sincerely yours, /s/ Nathan Proller Councilman Olson and Town Clerk Donald A. Chase- noted that the West Glens Falls Fire House and the Town Clerk's Office will be accepting donations for the seriously injured firemen, Glenn Gregory and Jeff Sherman. . . -Next Monday the Highway and Water Dept. will be removing the plug from the storm sewer at Western Avenue and Grant Street. . . -Town Board wishes Carl Garb well and a, speedy recovery. . . REPORTS : -Town Clerk' s Monthly report for May, 1976 was placed on file. . . -Dog Warden' s Monthly report for May, 1976 was placed on file. . . -Building and Zoning Dept. report for May, 1976 was placed on file. . . Councilman Barber- noted tha fine cooperation between the City of Glens Falls and Queensbury not only in the drainage problems but in many other areas. . . OPEN FORUM: 7 : 52 P.M. Marjorie Pratt-Luzerne Road presented the Town Board with a petition. Councilman Robillard-recommended that the petition be turned over to the Highway Committee, noting that the problem with drainage could have been caused by a new subdivision, this will have to be looked into. . . Town Clerk- read the following- Petition May 24, 1976 The Residents of the Luzerne Road, Town of Queensbury would like to see this water problem corrected. Mad of us have lived here for twenty to twenty five years and never experienced any water problems before March 20, 1976. We have been pumping water from our cellars since then. The water is coming in so fast that some are using as many as six sump pumps. Many Residents are without heat, water and many hot water tanks have been knocked out. There is much damage to cellars and there contents . This also is a Health Hazard. This also causes problems with neighbors. The water we pump from one cellar runs into some one elses. Plus the noise from the ones who have to use gas pumps to remove this water . This is a very costly experience. Many have burned out several sump pumps Niagara Mohawk Power Corp. rates have increased also the price of gas for those using gas pumps. Many Residents are out of work or living on Disability. Luzerne Road has been covered with water causing damage to automobiles and Delivery Trucks hitting invisible pot holes. Mr. Pratt- questioned that if a Drainage Dist. was put in could our taxes be raised $30. 00 per year? Councilman Robillard- They could be raised more than that. . .The ones who have to pay for it are the ones who benefit from it . Mr. Pratt- If the subdivision on Sherman Ave. has caused the problem of water how come we have to pay to fix it? Councilman Robillard-That is what we have to investigate, if they have blocked a stream they have no right to do that. we will investigate that. . . Unknown- Noted that there is a large Beaver Dam in the area, he believed that if that was removed it could help. . . . Councilman Robillard- We will look at that. . . Councilman Olson- This problem will be referred to the Highway and Drainage Committee. . . Mr. Herringshell-Luzerne Road-Can you give us a date that you will be gettA' t back to us on the drainage problem? Councilman Robillard- There is no way we can give you a specific date. . . it may have to go before referendum and ' then be nut into a district. . . Jack Hallen- When will the no parking on Quaker road between Lafayette and Bay Road take effect. . . Councilman Robillard- The ordinance has been advertised when the signs are placed by Warren County it will take effect. . . H. Russell Harris- Mohican Grange-asked when a meeting could be set up with the full board in regard to the landfill. . . Councilman Olson- suggested that he contact Mr. Brandt and set up a date possibly next week tuesday and the full board would meet with their committee. Councilman Barber- commended the Bicentennial Commission on their work on local Cemeteries noting that on this night they were working on Bay Road Cemetery. . . Councilman Robertson- noted that the work on the cemeteries was all volunteer Councilman Olson-Thanked Thomas Flaherty for helping repair the airconditioning in the Town Office Building. . . Recess Meeting reopened: RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 148 Introduced by Mr. Hammond Robertson who moved its adoption, secnnded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as listed in Abstract No. 76-6 numbered 741 through 921 and totaling $53, 245. 05 be approved. V a6 Duly adopted by the following V0 7P Ayes: Mr. Barber, Mr. Robillard, Mr. Robertson, Mr. Olson Noes : None Absent: Mr. Brandt On motion the meeting was adjourned. Respectfully, . Donald A. Chase, Town Clerk