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1974-03-28 72 REGULAR MEETING MARCH 23, 1974 MEMBERS PRESENT: John Austin Supervisor Robert Barber Councilman Daniel Olson Councilman Harold Robillard . Councilman Gordon Streeter Councilman J. David Little Town Counsel GUESTS : Lee Coleman, George Liapes , Ray Buckley, Harold Boynton, Mr. & Mrs . Earl John MacDuff Jr. Meeting Opened 7 : 34 P .M. Councilman Robillard led the salute to the Flag. Bid Opening-on the sale of property on Quaker Road part of the Pineview Cemetery property - Notice of bidding was read. . . Ray Wynn Distributing Co. 362 Ridge Road Glens Falls, New York 4, 000. 00 Clayton G. Woodbury & Son, Inc. Upper Glen Street Glens Falls , New York 10, 120. 00 Herman J. Heber 37 Chester Street Glens Falls, New York 17, 750. 00 Regan & Denny John J. Ross Quaker Road Glens Falls, New York 35 ,000. 00 George J. Boychuck Meadow Drive Glens Falls , New York 61 , 001. 00 Supervisor Austin recommended that the bids be tabled for further consideration. . . Mobile Home application-Earl John MacDuff Jr. of 678 Lr. Dix Avenue Hudson Falls, New York to locate a mobile home on Big Bay Road owner of land, Cora LaCross-Building Inspectors repor°.: noted. . . Councilman Robillard: noted that a mobile home on Big Bay Road was denied by the Board in 1971- will deny the application. . .reasons no hardship shown. . .coming out of a mobile home park. . .would not like to see any more mobile homes in the area. . . Councilman Olson: question applicant as to inhere he is now located. . . Mr. MacDuff: in Kingsbury. . . Councilman Barber : concured with councilman Robillard Councilman Streeter question the board as to whether the application was withdrawn would the fee be returned. . . Supervisor Austin: as long as the application was not advertised it would be returned if withdrawn. . . Councilman Streeter noted his disapproval to the application. . . Councilman Robillard moved for disapproval Councilman Barber seconded Supervisor Austin: suggested that that applicamt:,be given a chance to talk with the Building Department. . . Councilman Robillard withdrew has resolution. . . 78 Supervisor Austin: Tabled. . . Mobile Home application of Donald Tucker of R.D.#2 Glens Falls, N.Y. to locate a mobile home on Eldridge Road-exchange old trailer for new one-Building & Zoning gave approval. . .Mr. Tucker was not present. . . Mr. Boynton noted that as the diagram shows that the set back is not sufficient-this will be corrected. . . RESOLUTION TO AUTHORIZE PERMIT TO IMPROVE OR SUBSTITUTE MOBILE HOME RESOLUTION NO. 96 Introduced by Mr. Robert Barber who moved its adoption, secon e by Mr. Daniel Olson: WHEREAS, Donald Tucker of R.D.#2 Glens Falls , N.Y, has made application to this board for a permit to: exchange an-old trailer for a 1973 Crown 60X12 ' at p vM)erty situated at Eldridge Road, and owned by Mr. Tucker, and WHEREAS , upon proper investigation it appears that the applicant has complied with all of the requirements of the ordinance regulations relating to mobile homes in the Town of Queensbury, therefore be it RESOLVED, that the application of Donald Tucker as above described is hereby approved and that the Building Inspector is hereby authorized and directed to issue to Donald Tucker the;:proper permit.- Duly adopted by the following vote: Ayes : Mr. Olson, Mr. Babber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None AiiNOUNCEMENTS : - The Adirondack Water_ Works Conference was held today at the Oueensbury Water Department. . . . Supervisor Austin noted that the Town Board will meet March 30th at the new filtration plant for an inspection. . . . - Councilman Streeter spoke on the Cablevision as relating to education- reviewing possible programs enc. Bi-Cennential, Gove mental projects , Leaghe- oL-.�Wemen Voters program, local educational programs. . . - ENCON has notified the:_town,Vthat Mr. Fred Robillard and Piscitelli' s have been given permission to use the Town of Oueensbury Landfill. . . Supervisor Austin noted the good work that has been done at the Landfill . . . -The Town Clerk' s Office will be opened Saturdays 9-12 P.M. thru the month of April -Letter March 30, 1974 An open letter to Governor Malcolm Wilson and the New York State Legislature: This has been one municipality' s unhappy, frustrating and dis- appointing experiances with the Adirondack Park Agency legislation: BACKGROUND: The Town of Queensbury has a population of nearly 20, 00 is Located in the foothills of the Adirondacks, between Lake George and the Hudson River. 11ore than one-third of the Town lies within the Adirondack Park. . A comprehensive town plan, zoning ordinance, and subdivision regulations were adopted in 1967 , following many months of preparatory work with professional and citizen con- sultants . A Planning Board, Zoning Board of Appeals and Beautification. Commission have been active in interpreting and applying our planning program. A three-man Building and Zoning Department has administered and enforced the program, with the assistance of the Town Engineer and Town Attorney. Through the years a large body of local planning and zoning information has been assembled and is used daily in re- gulating development of the Town. In 1971, the Town embarked on a program for revision of the master plan and amendment of the zoning ordinance, to take account of changes within the Town. Again, we used citizen and professional consultants . After much work, this effort had to be postponed in June of 1972 when the Adirondack Park Plan legislation was being considered. The Town saw no sense in nro- ceeding with a rezoning effort if, after completion, we would be x required to do much of the work over again. I '4 Zonin5 Program Dela ed:The Town responded immediately to an Office tor Planning Services letter of June 13 , 1973, giving advice on setting up a program to come within the APA requirements . We heard from nobody until July 11. The Town never received what APA billed to be the necessary resolution and application forms until August 13. These were immediately prepared and returned. Receipt was acknowledged by the State on September 18 . Nothing more was heard by the Town despite repeated inquiries . By letter of November 26, revised application forms and resolutions were received. It was apparent that we were starting all over again. These forms were immediately acted upon and returned. Again, nothing was heard by the Town until February 1 , 1974, when we were given authority to proceed. One and one half years passed in which nothing, other than the shuffling of paperwork, was accomplished toward a necessary rezoning program. Now what do we do? Since February the Town Board and Planning Board, with representatives from virtually every municipal agency, have met frequently on a new plan and rezoning of Queensbury. We have been completely in the dark, however, as to what the APA wants us to adopt so that our land use program will be approved and can taken effect. Not one criterion or guideline has been issued by APA as to the zoning ordinances and subdivision:- regulation amendments on which we are working . Other Miseries : Application of the APA law to residents and to the municipa Tty has resulted in financial hardships , delay and lack of action, Some examples : A reputable subdivider spent a large sum for percolation tests to a depth of 10 feet, as required by and subsequently approved by the New York State Department of Health. The APA then required him to do the tests over again, but to a depth of 12 feet. Another developer embarked on the reopening of an abandoned roadway through a critical marshland area, with the intent of building on the wetlands. The APA failed to respond to requests from the Town that it assist in restraining the project . The APA indicated it would approve a plan to divide a residential lot into two parcels, leaving one of them without access to a public highway. Although this was a violation of long-standing Town zoning policy, the APA resisted our call for a public hearing on the issue, and there existed no way in which the hearing could have been required by the Town. A State agency has held hearings and is making condemnation appraisals for the acquisition of more than 2 ,000 acres within the Town. Despite concern of the Town as to what is evidently a Class A project by APA standards , the Town is informed that the APA will not take jurisdiction. Although the APA staff has doubled in recent weeks , no regional offices have been opened. Those needing APA approval are advised to contact the Agency even before conferring with Town Officials . The office at Ray Brook is 70 miles away. There are no toll-free telephone lines available. Property owners in a neighboring town petitioned the APA for an amendment of the Land Use Plan. In fact, the maps used to describe the area were insufficient and property in our Town was inadvertently included in the proposed change. No official notice was ever received to this end, por was the APA even aware of its own mistake. The Town of Queensbury received no communications from the APA for many months after the creation of the Agency. Notice of preliminary meetings were received here by worm of mouth, and no time was available for proper preparation of input. Six years of planning and zoning experience and aspirations of the Town of Queensbury were completely ignored by the Agency in the drafting of its plans for our Town. Local residents are now just realizing the implications of this hastily conceived and enacted plan, Petitions in opposition gain wide and immediate acceptance. We agree that board regional planning is important for the future of the Adirondack Park. Specific-site planning and zoning, however, is and must be a local matter. Our experiances demonstrate but a few of the reasons why. We implore you to give reasoned consideration to legislaiion that will amend the Adirondack Park Land Use and Development Plan Law so that local-site zoning will be carried out locally. Please enact Senate Bill No. 3740, introduced by Senater Stafford, and Assembly Bill No. 10564, introduced by Assemblyman Hariis . Respectfully yours , Councilman Streeter commended the Supervisors Stand and thanked him. . . RESOLUTION IN SUPPORT OF ASSEMBLY BILL NO. 11523, IN RELATION TO THE LETTING OF CONTRACTS, THE ISSUANCE OF OBLIGATIONS AND THE PAYMENT OF CLAIMS ON BEHALF OF SOUTH QUEENSBURY WATER DISTRICT NUMBER TWO RESOLUTION NO 97 Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Harold Robillard: RESOLVED, that the Town Board of the Town of Queensbury hereby requests enactment of New York State Assembly bill No. 11523, entitiled "An Act of legalize, validate, ratify and confirm certain proceedings and actions of the town board of the town of ©ueensbury, in relation to the letting of contracts , the issuance of obligations and the payment of claims on behalf of South Queensbury water district number two" It is hereby declared that a necessity exists for the enactment of such legislation, i. e. The Town of Queensbury does not have the power to enact such legislation by local law. Duly adopped by the following vote: Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent: None RESOLUTION IN SUPPORT OF ASSEMBLY BILL NO. 11524, IN RELATION TO TT7E LETTING OF CONTRACTS, THE ISSUANCE OF OBLIGATIONS AND THE PAMENT OF CLAIMS ON BEHALF OF QUEENSBURY WATER STORAGE AND DISTRIBUTION DISTRICT RESOLUTION NO. 93, Introduced by Mr. Robert Barber who moved its adoption, seconded by Mr. Harold Robillard: RESOLVED, that the Town Board of the Town of Queensbury hereby requests enactment of New York State Assembly bill NO. 11524 entitled "An Act to legalize, validate, ratify and confirm certain proceedings and actions of the town board of the toTm of Queensbury, ins relation to the letting of contracts, the issuance of obligations and the payment of claims on behalf of Queensbury water storage and distribution district" It is hereby declared that a necessity exists for the enactment of such legislation, i. e. The Town of Queensbury does not have the power to enact such legislation by local law. Duly adopted by the following vote : Ayes : Mr. Olson, Mr-.- Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes : None Absent : None RESOLUTION TO RE-APPOINT MEMBER OF RECREATION COMMISSION RESOLUTION NO. 99 , Introduced by Mr. DAniel Olson who moved its adoption, seconded by Mr. Robert Barber: ,%711E':EAS, the term of office of Stephen Physioc , 56 Western Avenue, Queensbury, a member of the Recreation Commission, expired in Februry of this year, therefore be it 76 RESOLVED, that ""AY�z-Oc be reannointed, his term to expire on February 27, 1979 . The following vote was taken. Ayes : Mr. Olson, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Austin Noes: None Absent: None Meeting Opened to the Public: -Mr. William Clark of Mannor Drive notified the Supervisor about a drainage problem. . . this has been remedied. . . -Carl Garb noted that the new grader has arrived. . . On motion the meeting was adjourned. Respectfully yours , Donald A. Chase, Town Clerk REGULAR MEETING APRIL 11, 1974 MEMBERS PRESENT: John Austin Supervisor Daniel Olson Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman J. David Little Town Counsel Meeting Opened Salute to the Flag led by Town Clerk, Donald A. Chase 7 : 36 P.M. GUESTS: Re resenatives of T & T'. Equipment Comp . and Wm Clark Equip . Corp. , Lee �oleman, Tri County News , Ray Buckley, George Liapes , Lee Colaman, Harold Boynton, League of ?women Voters, Mr. & Mrs . Seybolt, Mrs . Harris Mobile Home Public Hearing-Mr. &: Mrs . Stephen Seybolt of Pinewood Road to locate a mobile home on Luzerne Road-Notice of Hearing was shown- Hearing Opened- Ass ' t Bldg. Insp. recommended approval- Opened 7 : 37 P.M. Mr. Robert Ovitt- I live across the road, I believe Luzerne Road has come a long way and now we are going right back to mobile homes . . . Supervisor Austin-noted that the Board has seen thesite. . . Mr. DovrI- they are going to place a 15, 000 dollar trailor, I can not see the harm. . . they can not afford the trailor park. . . Councilman Robillard: Where do you live? Mr. Dowd-Indiana Avenue Mr. Seybolt- I can not afford a trailor park. . .we will buy the land and notbsupporting a trailor park. . . Councilman Streeter- Do you have intention of building in the future? Mr. Seybolt-Yes I do. . . as soon as I have the money. . . Councilman Streeter-The board has always look at hardships we also have to protect and upgrade our town. . . Mr. Sevbolt noted that a 40, 000 dollar home will be going near the proposed mobile home site. . . Councilman Robillard: Were you a party to an action to keep mobile home